[INAUDIBLE] FACEBOOK LIVE AUDIENCE.
[00:00:01]
YOU'RE THE ONLY ONES HERE TODAY, SO WE WILL CALL THE MEETING TO ORDER.[DECLARATION OF A QUORUM AND CALL TO ORDER]
OUR FIRST ORDER OF BUSINESS IS APPROVAL OF MINUTES.[1. Discussion and possible action on the review of Planning and Zoning Commission meeting minutes from August 2021 and September 2021.]
HAS EVERYONE HAD A CHANCE TO REVIEW THE MINUTE THEY WERE SENT OUT EARLIER WHEN--.THE ONLY DIFFERENCE IS THEY MISSPELLED MY NAME IN THEM, WHEN I MADE THE MOTION OR SECONDED . IN THE LIST OF THE COMMISSIONERS, IT WAS SPELLED RIGHT.
WAS THAT IN THE AUGUST MEETING OR THE SEPTEMBER MEETING? BOTH. BOTH MEETINGS? OK. ALL RIGHT. MARIA, CAN YOU MAKE THAT ADJUSTMENT? ARE THERE ANY OTHER ADJUSTMENTS TO THE MINUTES? IF NOT--.
MCDANIEL AND A SECOND MY MS. BIERI. IS THERE ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR INDICATE SO BY SAYING AYE.
NEXT, BECAUSE WE DON'T HAVE ANY OF OUR TYPICAL ACTION ITEMS, WE'RE GOING TO TAKE SOME
[2. Presentation and discussion on Urban Planning and the Development Services Department]
TIME FOR A LITTLE EDUCATION PROVIDED BY WALT.THANK YOU, MR. CHAIRMAN, MEMBERS OF THE COMMISSION.
I WILL DIRECT YOUR ATTENTION TO THE SCREEN, SINCE THAT'S THE BIG PICTURE.
PLANNING OR THE ART OF MUDDLING THROUGH.
THAT WAS A QUOTE THAT I REMEMBERED FROM ONE OF MY FIRST PLANNING CLASSES, AND PROBABLY THE ONLY THING I REMEMBER FROM THAT CLASS WAS THAT QUOTE.
GENERALLY, URBAN PLANNING IS A SHORTHAND TERM USED TO DESCRIBE THE BROADER PROFESSIONAL FIELD OF PLANNING, AND THAT PROFESSIONAL FIELD COVERS A WIDE RANGE OF DIFFERENT DISCIPLINES THAT MAY NOT BE URBAN.
BUT THE ONE THING THAT ALL FORMS OF PLANNING SHARE IS A FUNDAMENTAL FOCUS ON THE FUTURE.
SO, THAT'S WHAT PLANNING IS ABOUT, LOOKING AT THE FUTURE, WHAT'S YOUR VISION, WHAT DO YOU WANT TO SEE? WHAT DO YOU WANT TO BE? HOW DO YOU WANT TO GET THERE? AND THAT QUOTE IS FROM PLANETIZEN.
NEXT ONE. WAS HE GREEK PHILOSOPHER? NO, THAT'S A PLANNING WEBSITE.
THE [INAUDIBLE] GREEK PHILOSOPHER PLANETIZEN.
THE FORMS OF PLANNING THAT THE CITIZENRY MOST OFTEN HAVE CONTACT WITH ARE THE ZONING ORDINANCE, WHICH IS CHAPTER 28 OF THE CODE OF ORDINANCES AND THE SUBDIVISION REGULATIONS, WHICH IS CHAPTER 23 OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN.
AND THE COMPREHENSIVE PLAN, IS THE CITY'S VISION FOR THE FUTURE, AND THE ZONING ORDINANCE AND SUBDIVISION REGULATIONS ARE THE PRIMARY DEVELOPMENT REGULATIONS USED TO IMPLEMENT THE VISION ARTICULATED IN THE COMPREHENSIVE PLAN.
THE CITY'S CURRENT COMPREHENSIVE PLAN IS EITHER FROM 2003 OR 2007.
NO ONE SEEMS TO REALLY BE ABLE TO SAY.
IN EITHER CASE, IF IT'S 2007, IT'S 15 YEARS OLD, AND IF IT'S 2003, IT'S CLOSING IN ON 20, AND NORMALLY YOU WOULD, IN THE PERFECT WORLD, YOU WOULD UPDATE YOUR COMPREHENSIVE PLAN AFTER FIVE YEARS AND AFTER 10 YEARS, YOU'D TAKE A MORE IN-DEPTH LOOK AND SEE IF YOU WANTED TO DO REVISIONS OF A GREATER NATURE AFTER 10 YEARS.
SO THE CITY'S COMPREHENSIVE PLAN IS A LITTLE BIT OUT OF DATE.
MS. SPOOR AND I BOTH REMEMBER SERVING ON THAT GROUP AND WE THINK IT WAS 2003.
I DO, TOO, BUT I SEE REFERENCES TO AN UPDATE FROM 2007, BUT I CAN'T FIND ANYTHING THAT HAS THE DATA ON IT.
SO. [INAUDIBLE] PARDON? ARE YOU GOING THROUGH IT AND UPDATING [INAUDIBLE]? NO. NEXT SLIDE.
OK, THE TEXAS LOCAL GOVERNMENT CODE SECTIONS 211, WHICH IS MUNICIPAL ZONING AUTHORITY, 212 REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT, AND 213 MUNICIPAL COMPREHENSIVE PLANS ARE THE ENABLING LEGISLATION FOR PLANNING AND LOCAL DEVELOPMENT REGULATION IN TEXAS. THE LGC ALSO DEFINES THE RESPONSIBILITIES OF AUTHORITIES OF THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENT.
I'M NOT GOING TO SPEND A WHOLE LOT OF TIME RIGHT NOW ON THIS BECAUSE IT COMES UP AGAIN AT THE END, BUT THE PLANNING AND ZONING COMMISSION IS AN ADVISORY BODY THAT MAKES A RECOMMENDATION TO THE CITY'S LEGISLATIVE AUTHORITY, WHICH IS THE CITY COUNCIL.
ALTHOUGH THE STATE LAW DOES ALLOW THE PLANNING AND ZONING COMMISSION TO APPROVE PLATS,
[00:05:06]
THAT'S ABOUT ALL, AND HERE IN THE CITY ZONING ORDINANCE, YOU GET TO APPROVE SITE PLANS.BUT BEYOND THAT, IT'S AN ADVISORY BODY THAT MAKES A RECOMMENDATION TO THE CITY COUNCIL.
THE ZONING BOARD OF ADJUSTMENT IS A COMPLETELY DIFFERENT ANIMAL.
IT'S WHAT'S CALLED A QUASI JUDICIAL BODY, AND THE ZONING BOARD OF ADJUSTMENT CAN SWEAR WITNESSES, TAKE TESTIMONY, THEY HAVE SUBPOENA POWER, AND THEIR DECISIONS ARE APPEALABLE TO THE COURT AND THEY DON'T GO TO THE CITY COUNCIL.
A ZONING BOARD OF ADJUSTMENT DECISION GOES TO THE COURT.
WOULD THAT BE THE MUNICIPAL COURT? DISTRICT COURT. YEP.
THE AMERICAN PLANNING ASSOCIATION IS THE NATIONAL BODY FOR ALL THINGS PLANNING IN THE UNITED STATES.
THE APA WEBSITE CAN BE FOUND AT WWW.PLANNING.ORG.
YOU CAN FIND WEBINARS, CONFERENCES, PLANNING BOOKS, EVERYTHING TO YOUR HEART'S CONTENT ABOUT PLANNING IF YOU'RE INTERESTED IN IT.
NEXT SLIDE. ANOTHER WEBSITE WITH A LOT OF GOOD PLANNING INFORMATION IS CALLED PLANETIZEN, THE NOTED GREEK PHILOSOPHER, THAT CAN BE FOUND AT WWW.PLANETIZEN.COM.
IT'S ANOTHER--. IT'S NOT THE PROFESSION'S OFFICIAL WEBSITE, WHICH IS THE AMERICAN PLANNING ASSOCIATION, BUT THERE IS A LOT OF PLANNING RELATED INFORMATION AND BOOKS THAT YOU CAN GET AT THAT WEBSITE, AND IT OFFERS A SOMEWHAT DIFFERENT PERSPECTIVE THAN THE APA WEBSITE DOES.
NEXT ONE. FINALLY, THE TEXAS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION PROVIDES A GUIDE TO URBAN PLANNING IN TEXAS COMMUNITIES.
WHEN I DID A SIMILAR TYPE OF WORKSHOP, I WANT TO SAY BACK IN OCTOBER OR NOVEMBER OF LAST YEAR, THAT WAS PART OF THE BACKUP MATERIALS.
IF YOU NEED IT AGAIN OR WANT IT AGAIN, YOU CAN JUST EMAIL ME AND I'LL BE HAPPY TO SEND YOU THE DOCUMENT.
SO NOW WE GET TO THE DEVELOPMENT SERVICES DEPARTMENT.
WHAT IS IT? AND THE DEVELOPMENT SERVICES DEPARTMENT CONSISTS OF DOING PLAN REVIEWS, BUILDING AND OTHER PERMITS, CODE ENFORCEMENT AND FOOD SERVICE HEALTH INSPECTIONS, AND THEN WE DO THE PLANNING, COMPREHENSIVE PLANNING, ZONING AND SUBDIVISION REGULATION. SO IN THE PLAN REVIEW AND PERMIT PART OF THE DEPARTMENT'S FUNCTION, EXAMPLES OF THE PLAN REVIEW AND PERMIT ISSUANCE FUNCTION INCLUDE CONTRACTOR REGISTRATIONS, CONSTRUCTION PLAN REVIEW, TYPES OF PERMITS THAT ARE ISSUED AND THIS IS A SHORT LIST.
IT'S NOT ANYWHERE NEAR ALL THE TYPES OF PERMITS THAT THE DEPARTMENT ISSUES.
EXAMPLES WOULD BE DRIVEWAY FLAT WORK PERMITS, DEMOLITION PERMITS, SIGN PERMITS, GARAGE SALE PERMITS AND RESIDENTIAL AND COMMERCIAL BUILDING PERMITS.
THE FOOD SERVICE AND HEALTH INSPECTIONS, PART OF THE DEPARTMENT'S FUNCTION, CITY OF ANGLETON PERFORMS FOOD SERVICE HEALTH INSPECTIONS TO PROMOTE HEALTH AND PREVENT FOOD BORNE DISEASE THROUGH EDUCATION, TRAINING AND REGULATION.
EACH YEAR, FOOD ESTABLISHMENT WILL RECEIVE ONE OR MORE UNANNOUNCED ROUTINE INSPECTIONS BY HEALTH INSPECTORS.
THE ROUTINE INSPECTIONS TYPICALLY ADDRESS SAFE FOOD HANDLING PRACTICES AND SANITATION, AND AN INSPECTION LOG IS AVAILABLE TO THE PUBLIC ON THE CITY OF ANGLETON WEBSITE.
THAT LOG, FOR QUITE A WHILE, HADN'T BEEN UPDATED BECAUSE THERE WAS CHANGE OVER IN THE HEALTH INSPECTOR POSITION, BUT WE HAVE BEEN MAKING A STRONG EFFORT TO GET HEALTH INSPECTIONS DONE AND TO GET THAT PARTICULAR LIST UPDATED, THERE'S A GRADE THAT GOES ALONG WITH IT THAT GETS POSTED IN THE WINDOW OF THE ESTABLISHMENT AS WELL AS INCLUDED IN THE REPORT.
AND WE'RE TRYING TO INCLUDE A BARCODE? A QR CODE WITH THE RATING SO THAT YOU CAN GET FURTHER INFORMATION ABOUT THE RATING.
[00:10:06]
THIS DOESN'T REALLY COME UNDER US DIRECTLY SO MUCH, BUT I DO REMEMBER THERE USED TO BE TRAINING THROUGH THIS DEPARTMENT, SO WE'RE STILL DOING? [INAUDIBLE]. WE'RE NOT DOING THAT [INAUDIBLE]? SO THEY HAVE ACCESS ELSEWHERE TO GET IT, AND THAT'S REQUIRED? FOOD SERVICE WORKERS ARE SUPPOSED TO TAKE A FOOD HANDLING COURSE THROUGH THE STATE AND GET A CERTIFICATION BEFORE THEY CAN BECOME FOOD SERVICE WORKERS, SO THAT'S HANDLED THROUGH THE STATE. CODE ENFORCEMENT ENFORCES THE CITY'S ORDINANCES THAT INVOLVE PROPERTIES WITHIN THE CITY OF ANGLETON.CODE ENFORCEMENT WORKS TO PREVENT AND ELIMINATE PUBLIC HEALTH, SAFETY AND WELFARE PROBLEMS, AS WELL AS ESTHETIC ISSUES THAT OCCUR WITHIN THE CITY OF ANGLETON.
TYPICAL TYPES OF CODE ENFORCEMENT ACTIONS INCLUDE ABANDONING JUNK VEHICLES, HIGH GRASS AND WEEDS THAT'S GREATER THAN 14 INCHES IN HEIGHT, ILLEGAL DUMPING, SUBSTANDARD STRUCTURES, TRASH, RUBBISH, AND OPEN STORAGE, RODENT HARBORAGE, AND PROPERTY MAINTENANCE.
THIS IS PROBABLY ONE AREA WHERE WE GET A LOT OF REALLY STRANGE PHONE CALLS.
WE GET COMPLAINTS ABOUT NAKED PEOPLE RUNNING AROUND IN THE FRONT YARD.
OH YES [INAUDIBLE] WE HEAR IT ALL.
[INAUDIBLE] THE FIRST LINE OF DEFENSE? YEAH, WE UNFORTUNATELY, WHEN THE TRAIN STARTED HONKING, WE GOT ALL KINDS OF CALLS ABOUT THAT. THOSE ARE THINGS THAT WE REALLY CAN'T ENFORCE.
IF SOMEBODY'S RUNNING AROUND NAKED IN THE FRONT YARD, THAT'S THE POLICE.
IF THE TRAINS ARE HONKING WHEN THEY'RE NOT SUPPOSED TO BE HONKING, THAT'S ACTUALLY THE POLICE, TOO.
ALL RIGHT. PLANNING, PLANNING FUNCTION HAS SEVERAL ELEMENTS.
THE MOST HIGHLY VISIBLE ONES ARE LONG RANGE PLANNING, WHICH IS COMPREHENSIVE PLAN AND SMALLER AREA STUDIES.
ONE EXAMPLE OF THAT WOULD BE THE ANGLETON LIVABLE CENTER STUDY, WHICH IS NOT CURRENTLY IN PROCESS ANYMORE.
IT WAS COMPLETED, I WANT TO SAY ALMOST A YEAR AGO, AS WELL AS CORRIDOR STUDIES AND POLICY PAPERS.
CURRENT PLANNING CAN BEST BE DESCRIBED AS THE EVERYDAY PART OF THE PLANNING PROCESS AND IS THE DEVELOPMENT REVIEW FUNCTION, WHICH INCLUDES THE LAND SUBDIVISION PROCESS AND THE ZONING PROCESS.
PLANNING FUNCTION PARTICIPATES IN VARIOUS ASPECTS OF THE ECONOMIC DEVELOPMENT EFFORT.
I'VE ALWAYS PERSONALLY CONSIDERED IT TO BE PART OF THE FRONT LINE EFFORT SINCE, IF PEOPLE WANT TO DO ECONOMIC DEVELOPMENT, THEY HAVE TO KNOW WHAT THEY CAN DO AND WHERE THEY CAN DO IT AND WHAT THE PROCESSES ARE IN ORDER TO BE ABLE TO DO WHAT THEY WANT TO DO.
SO I'VE ALWAYS CONSIDERED THE PLANNING FUNCTION TO BE AN IMPORTANT PART OF ECONOMIC DEVELOPMENT EFFORTS.
AND ANOTHER ASPECT IS ANNEXATION OF PROPERTY IN THE CITY'S EXTRATERRITORIAL JURISDICTION.
I THOUGHT I WAS MISSING A PAGE.
PARDON ME. THE SUBDIVISION PROCESS, A SUBDIVISION IS DEFINED IN THE CITY'S LAND DEVELOPMENT CODE AS ANY DIVISION OR COMBINATION OF LAND INTO LOTS, TRACTS, RESERVES FOR SALE OR DEVELOPMENT.
THAT DEFINITION IS FURTHER FLESHED OUT BY SECTION 23-5, WHICH DETAILS THE APPLICABILITY OF THE LDC.
THE PURPOSE OF THE LAND DEVELOPMENT CODE IS TO IMPLEMENT THE COMPREHENSIVE PLAN AND OTHER ADOPTED PLANS, PRESERVE AND IMPROVE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE, AND PROVIDE REASONABLE DEVELOPMENT RESTRICTIONS.
THE SUBDIVISION PROCESS IS ALSO THE PROCESS BY WHICH THE CITY EXACTS PUBLIC IMPROVEMENTS SUCH AS WATER, WASTEWATER STREETS, SIDEWALKS, DRAINAGE AND PARKS.
WHILE THERE ARE MANY DIFFERENT TYPES OF SUBDIVISIONS PERMITTED UNDER THE TEXAS LOCAL GOVERNMENT CODE, AND THE LDC, THE VAST MAJORITY GO THROUGH A PROCESS INVOLVING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO THE CITY COUNCIL FOR THAT APPROVAL OR DENIAL.
SO STATE LAW ON THE SUBJECT IS PRETTY EXPLICIT.
[00:15:05]
IT SAYS THAT THE GOVERNING BODY HAS TO APPROVE A PLAT IF IT MEETS ALL OF THE CITY'S REQUIREMENTS. THERE'S NO WIGGLE ROOM IN THAT.AS THE PLANNING AND ZONING COMMISSION, IF A PLAT MEETS ALL THE REQUIREMENTS, YOU SHOULD BE RECOMMENDING APPROVAL OF THEM, NOT RECOMMENDING NOT APPROVAL.
EVEN THOUGH YOU CAN MAKE THE HAIR SPLIT CASE THAT THE PLANNING AND ZONING COMMISSION IS NOT THE GOVERNING BODY, THE PLANNING AND ZONING COMMISSION SHOULD BE MAKING RECOMMENDATIONS THAT ARE CONSISTENT WITH LAW, AND PART OF THE LAW IS THAT IF A THAT MEETS THE REQUIREMENTS, EVEN IF YOU DON'T LIKE THE LOT SIZES IN IT, THEN YOU REALLY SHOULD BE RECOMMENDING APPROVAL.
SO I KNOW I'VE MADE THAT POINT A COUPLE OF TIMES BEFORE, BUT I'M GOING TO MAKE IT AGAIN IN THE HOPE THAT--. SO LET'S TALK ABOUT THAT [INAUDIBLE].
SURE. SO WHEN A DEVELOPER FIRST WANTS TO DO SOMETHING IN OUR COMMUNITY, THEY COME AND THEY SEEK COMMENTS AND WE TYPICALLY SAY, WELCOME, DON'T BUILD SMALL LOTS.
THEN THEY COME BACK WITH S PRELIMINARY PLAT, IF I'M REMEMBERING CORRECTLY, CONTAINING SMALL LOTS, WHICH WE'VE SAID WE DON'T WANT TO SEE SMALL LOTS, BUT WHERE IS THE LINE WHERE THE SMALL LOT IS APPROPRIATELY PUSHED BACK? DOES THAT EVEN LIE WITH THIS COMMISSION? OK, LET'S BACK UP A STEP OR TWO HERE, A LITTLE BIT ABOUT HOW THE PROCESS WORKS.
SOMEBODY WALKS IN THE DOOR AND SAYS, I GOT 20 ACRES OVER HERE, I WANT TO DO IS A RESIDENTIAL SUBDIVISION.
WHAT DO I NEED TO DO? WELL, THE FIRST STEP THAT THE DEVELOPMENT SERVICE DEPARTMENT TAKES IS TO SCHEDULE THEM FOR WHAT'S CALLED A DAWG MEETING, DEVELOP ANGLETON WORKING GROUP, WHICH IS ALL THE CITY DEPARTMENTS THAT HAVE A REVIEW AUTHORITY IN THE DEVELOPMENT PROCESS.
AND THAT'S WHERE WE SIT DOWN AND MEET WITH THEM AND WE DISCUSS, YOU KNOW, WHAT IS IT YOU WANT TO DO? WHERE IS IT YOU WANT TO DO IT? IS THE ZONING RIGHT? THE NEAREST WATER AND SEWER LINE IS OVER HERE.
YOU'RE GOING TO HAVE TO EXTEND WATER AND SEWER SERVICE TO THE PROPERTY.
YOU'RE YOU'RE GOING TO HAVE TO GO TO THE ANGLETON DRAINAGE DISTRICT AND RUN YOUR PLAN THROUGH THEM BECAUSE THEY'RE GOING TO HAVE TO SIGN OFF ON THE DRAINAGE.
IF IT'S SOMEBODY THAT WANTS TO DO A RESIDENTIAL DEVELOPMENT, WE HAVE, FOR PROBABLY SINCE OCTOBER OF LAST YEAR, BEEN TELLING THEM THAT WHILE THE CITY DOES HAVE A ZONING DISTRICT SF-5 THAT ALLOWS FOR 50 FOOT WIDE LOTS AND 5000 SQUARE FEET--.
ALL RIGHT. WE TELL PEOPLE THAT THE CITY COUNCIL HAS NOT BEEN RECEPTIVE TO REZONING TO SMALLER LOTS, THE SF-5 ZONING DISTRICT, AND YOU SHOULD REALLY LOOK AT THE SF-6.3 DISTRICT, WHICH IS 60 FOOT WIDE, LOTS MINIMUM OF 6300 SQUARE FEET OF LOT AREA.
THAT DOESN'T MEAN THAT PEOPLE LISTEN TO US.
A LOT OF THE PROJECTS THAT WERE ALREADY IN PROCESS WHEN I GOT HERE, SUCH AS KIBER RESERVE, RIVERWOOD RANCH, THEY HAD PLANNED DEVELOPMENTS, AND AS PART OF THOSE PLANNED DEVELOPMENTS, THEY WERE ALLOWED TO HAVE SMALLER LOTS WITH LESS LOT WITH.
RIGHT NOW, ALMOST ALL THOSE PROJECTS ARE WELL INTO THE DEVELOPMENT PROCESS.
PROBABLY THE ONLY OUTSTANDING PROJECT THAT REMAINS THAT WOULD BE SIMILAR TO THOSE IS AUSTIN COLONY, AND THEY HAVE LOTS RANGING FROM 50 FEET IN WIDTH TO 60 FEET AND WIDTH, SO.
AND YOU SAW THERE THEIR AMENDMENT TO THE PLAN DEVELOPMENT LAST MONTH, I THINK.
SO. YES, WE TELL PEOPLE UP FRONT, BUT THAT DOESN'T PREVENT SOMEBODY FROM MAKING AN APPLICATION.
SO AS I SEE IT, THERE ARE AT LEAST TWO OPPORTUNITIES FOR THE COMMISSION TO PUSH BACK ON THESE THINGS. NUMBER ONE, IS TO DENY A REZONING REQUEST.
[00:20:08]
CORRECT.CARE FOR. AND NUMBER TWO, WOULD BE TO PUSH BACK AND DENYING A REQUEST TO DO A PLANNED UNIT DEVELOPMENT. THAT'S CORRECT.
THE SUBDIVISION PROCESS IS NOT DISCRETIONARY.
IF A SUBDIVISION MEETS YOUR REQUIREMENTS, STATE LAW SAYS YOU HAVE TO APPROVE IT.
THE ZONING PROCESS IS DISCRETIONARY, YOU CAN EXERCISE DISCRETION.
YOU CAN SAY WE DON'T FIND THAT THIS MEETS OUR COMPREHENSIVE PLANS OR OTHER PLANS OR OTHER VISION THAT WE HAVE FOR THE CITY.
SO THE CITY HAS DISCRETION IN THE ZONING SIDE OF THE EQUATION.
THE SUBDIVISION SIDE, THAT'S LIKE AN ACCOUNTING EXERCISE.
DOES THE STREET MEET THE MINIMUM REQUIREMENTS? DO THE LOTS MEET THE MINIMUM REQUIREMENTS? IS THE DRAINAGE MEETING THE MINIMUM REQUIREMENTS? HAVE THEY DONE THE THINGS UNDER THE CODE THAT THEY WERE SUPPOSED TO DO? IF THEY HAVE, THEN YOU HAVE TO APPROVE THEM.
SO THERE'S STILL SOME LEVEL OF DISCRETION IF SOMEBODY'S ASKING FOR A VARIANCE OF SOMETHING IN THE SUBDIVISION REGULATIONS.
BUT IF YOU GRANT THE VARIANCE AND EVERYTHING ELSE IS MET, THEN THE PLAT WOULD MEET ALL OF THE REQUIREMENTS AND IT IS REQUIRED TO BE APPROVED.
SO THERE'S DISCRETION ON THE ZONING SIDE.
THERE IS NOT A LOT OF DISCRETION, IF ANY, ON THE SUBDIVISION SIDE.
SO YOU ARE CORRECT THAT JUST BECAUSE SOMEBODY ASKS FOR A ZONING DOESN'T MEAN THAT THE PLANNING AND ZONING COMMISSION HAS TO RECOMMEND IT OR THE CITY COUNCIL HAS TO APPROVE IT, BUT THERE SHOULD BE GOOD REASONS AS IDENTIFIED WITH THE COMPREHENSIVE PLAN OR THE MOBILITY PLAN OR ANY OF THE PLANS THAT THE CITY HAS AS TO WHY IT IS THAT THAT REZONING DOESN'T MEET WHAT THE CITY'S VISION HAS FOR ITSELF.
I HOPE THAT LONG EXPLANATION ANSWERED THE QUESTION.
I GUESS MY QUESTION IS, HOW DO WE [INAUDIBLE] WHAT BODY [INAUDIBLE] HERE THAT CHANGES THAT SO THAT IT'S NOT AN OPTION? WHO CHANGES THE ORDINANCE? [INAUDIBLE]--.
THEN THEY HAVE TO FOLLOW [INAUDIBLE] WHEN YOU MEET WITH THEM INITIALLY AND THEY UNDERSTAND THAT ANY ORDINANCE DOES NOT ALLOW FOR [INAUDIBLE].
OR THE CITY ORDINANCE REQUIRES A MINIMUM OF 50.
THE ONLY WAY TO ACHIEVE THAT WOULD BE TO ELIMINATE THE SF-5 ZONING DISTRICT.
IT'S THERE, PEOPLE CAN ASK FOR IT.
FIVE DIFFERENT PEOPLE CAN COME IN AND ASK FOR IT, CAN'T ASK FOR IT ON THE SAME PIECE OF PROPERTY, THEY CAN ASK FOR IT ON FIVE DIFFERENT PIECES OF PROPERTY, BUT YOU CAN'T PREVENT THEM FROM ASKING FOR IT.
YOU CAN ONLY WARN THEM THAT THEY'RE GOING TO HAVE A DIFFICULT TIME AND THAT THEY MIGHT NOT GET APPROVED. [INAUDIBLE] WHAT GOVERNING BODY? HOW DO YOU [INAUDIBLE] FROM THE ORDINANCE? THAT WOULD BE AN AMENDMENT TO THE ZONING ORDINANCE.
IT WILL REQUIRE NOTICE TO THE NEWSPAPER AND THEN YOU ALL WOULD HAVE TO MAKE A RECOMMENDATION TO THE CITY COUNCIL AND THE CITY COUNCIL WOULD HAVE TO APPROVE AN ORDINANCE AMENDING THE ZONING ORDINANCE.
I MAY BE MISTAKEN, BUT I THINK THE REASON THAT SMALLER LOT CAME INTO EXISTENCE SEVERAL YEARS AGO IS BECAUSE THERE WAS PEOPLE WANTED PATIO TYPE HOUSING, BECAUSE NOT EVERYBODY WANTS A HUGE YARD.
UNFORTUNATELY, IT'S BEING USED FOR OTHER THAN ITS ORIGINAL INTENT, BUT THERE IS STILL A NEED FOR THAT SIZE LOT IN SOME CASES.
AND THE CITY HAS A ZONING DISTRICT THAT DOES ALLOW FOR SINGLE FAMILY ATTACHED TYPE HOUSES WHERE YOU KNOW, YOU CAN HAVE TOWNHOMES, AND I BELIEVE THAT THE DISTRICT ALSO WOULD ALLOW, WHAT YOU'RE TALKING ABOUT, AS LONG AS ONE SIDE HAS A 10 FOOT SIDE YARD SETBACK, IT'S A ZERO LOT LINE ON ONE SIDE, 10 FOOT SETBACK ON THE OTHER.
[00:25:05]
SO THERE'S THE ABILITY TO DO THAT IN A SEPARATE ZONING DISTRICT, BUT THERE'S NO, AT LEAST AS FAR AS SOME OF THESE PROJECTS THAT WERE IN PROCESS WHEN I STARTED HERE, THERE WAS NO ZONING DISTRICT THAT ALLOWED 40 FOOT LOTS OR 45 FOOT LOTS.THE ONLY WAY TO DO THAT WOULD HAVE BEEN THROUGH THE PLAN DEVELOPMENT PROCESS.
WELL, I WILL TELL YOU THAT WE WERE SOLD ON THE IDEA OF ALLOWING THE CITY ADMINISTRATION AT THE TIME, WHICH IS NOT THE CURRENT ADMINISTRATION I WILL EMPHASIZE, TO BE ABLE TO GIVE THEM SOME DISCRETION TO NEGOTIATE SOMETHING THAT WAS GOING TO BE IN OUR BEST INTEREST, AND I THINK WE ALL, SOME OF US, LOOK BACK NOW WITH REGRET [INAUDIBLE] SOME CASES.
WHICH IS TRUE, WHICH GOES AGAINST THE MISSION STATEMENT FOR THE CITY, I GUESS, WHICH IS THE TOP, AND THEN YOU GO TO YOUR COMPREHENSIVE PLAN LIKE EVERY ENTITY DOES, BUT TO PROVIDE THE CITIZENS OF ANGLETON THE MOST EFFICIENT SERVICES POSSIBLE THAT ENHANCE THEIR QUALITY OF LIFE THROUGH THOUGHTFUL, TIMELY PLANNING AND PROVIDING THE EFFECTIVE LEADERSHIP.
YEAH, IT'S THE--. I JUST KNOW WITH THE PEOPLE I TALKED TO AND JUST LIVING HERE FOREVER, THE 2,000 HOMES OR WHATEVER, WE'RE PUSHING DIRT NOW THAT ARE UNDER THE 60 FOOT.
I THINK ENOUGH'S ENOUGH, I MEAN, FOR ME IT IS FROM MY PERSPECTIVE.
AND THAT POINT OF VIEW HAS BEEN CONSISTENTLY REPRESENTED TO DEVELOPERS FOR CLOSING IN ON A YEAR AND A HALF NOW, AND AS YOU RECALL, THERE WAS A PROJECT LIVE OAK RANCH OFF OF, I WANT TO SAY ANGLETON BOULEVARD, DALLAS AND--.
WHEN WE MET WITH THE DEVELOPER, THEY WANTED TO DO 50 FOOT LOTS, AND IN THE DAWG MEETING, WE TOLD THEM THAT, WELL, YOU CAN CERTAINLY ASK FOR THAT, BUT GOOD LUCK.
YOU'RE PROBABLY NOT GOING TO GET IT.
YOU'LL BE BETTER OFF SEEKING TO REZONE THE PROPERTY TO THE SF-6.3 ZONING DISTRICT, WHICH IS WHAT THEY DID, AND THEY'VE SINCE MOVED FORWARD WITH A PRELIMINARY PLAT THAT WAS APPROVED THAT HAD 60 FOOT WIDE LOTS IN IT.
SO IT'S NOT LIKE PEOPLE AREN'T BEING TOLD, BUT WE CAN'T MAKE THEM. THEY CAN ASK, BUT JUST BECAUSE THEY ASK DOESN'T MEAN THAT THEY GET.
SO IS SOME OF THIS BEING REVIEWED WITH THE GUNDA PROJECT, WITH THE LAND DEVELOPMENT CODE? I MEAN, IN THAT ONE MEETING, WE DISCUSSED THAT THE COUNTY IS LOOKING AT 80 FOOT WIDE LOTS AND WE'RE NOT HAPPY WITH UNDER 60.
IS THAT GOING TO BE ADDRESSED IN THIS FUTURE WORKSHOP? OR ARE WE GOING TO HAVE TO GO THROUGH A FORMAL PROCESS OF MAKING MOTIONS AND TRYING TO GET THIS OUT OF OUR HANDBOOK? NO, THEY'RE NOT.
THEIR CONTRACT SPECIFIED THAT THEY WOULD LOOK AT THE CITY'S PROCESSES AND PROCEDURES AND PROVIDE FLOW CHARTS AND CHECKLISTS SO THAT PEOPLE SEEKING TO DO DEVELOPMENT WOULD HAVE A MORE EFFICIENT TIME, AND BEING ABLE TO UNDERSTAND WHAT THE PROCESSES AND PROCEDURES WERE.
THEIR CHARGE WAS NOT TO EITHER REWRITE THE LAND DEVELOPMENT CODE OR THE ZONING ORDINANCE, THEIR CHARGE WAS, ACTUALLY, THEY CAN CERTAINLY MAKE SUGGESTIONS IF THEY SEE SOMETHING THAT THAT STANDS OUT, THAT'S A GLARING NEED.
THEY WERE NOT HIRED TO DECIDE TO GO THROUGH THE LAND DEVELOPMENT CODE AND THE ZONING ORDINANCE AND REWRITE EITHER OF THOSE DOCUMENTS.
BUT THEY ARE ELIMINATING DUPLICATION, ET CETERA, ET CETERA? RIGHT. OK.
SO BASICALLY, WE'RE BACK INTO LIKE A ROBERT'S RULES OF ORDER.
IF WE WANT THAT OUT OF THERE AND THERE'S A PROCEDURE BY WHICH WE GO AND GET IT OUT? RIGHT.
THERE WOULD--. THAT SAME PROCEDURE WOULD BE THERE, EVEN IF THAT WERE THEIR CHARGE.
THERE WOULD STILL HAVE TO BE AN ORDINANCE PREPARED, THERE WOULD STILL HAVE TO BE NOTICED PUBLISHED IN THE NEWSPAPER, THERE WOULD STILL HAVE TO BE A PUBLIC HEARING AT THE PLANNING AND ZONING COMMISSION AND OUR RECOMMENDATION TO THE CITY COUNCIL, WHERE THEY'D HOLD A PUBLIC HEARING.
SO, THAT BECAUSE THE LAND DEVELOPMENT CODE, WHICH IS ESSENTIALLY THE CITY SUBDIVISION
[00:30:02]
REGULATIONS AND THE ZONING ORDINANCE, BOTH COME THROUGH THE PLANNING AND ZONING COMMISSION. YOU ALL GET TO REVIEW AND MAKE A RECOMMENDATION, AND THE CITY COUNCIL GETS TO REVIEW YOUR RECOMMENDATION AND WHATEVER IS PROPOSED, THEN EITHER APPROVE OR DENY IT, SO.THAT WOULD HAPPEN ANYWAY IN ORDER TO AMEND EITHER ORDINANCE.
WELL, THANK YOU FOR THIS LITTLE DETOUR.
AND NOW WE MOVE ON TO THE ZONING PROCESS.
ZONING IS THE BASIC REGULATION USED BY MUNICIPALITIES IN TEXAS TO CONTROL LAND USES PURSUANT TO A COMPREHENSIVE PLAN.
THE ZONING ORDINANCE AND THE SUBDIVISION REGULATIONS ARE SUPPOSED TO BE FURTHERING IMPLEMENTING THE COMPREHENSIVE PLAN.
CITY OF ANGLETON ADOPTED ZONING BY ORDINANCE NUMBER 854 ON MARCH 17, 1981, AND THE CITY'S CURRENT ZONING REGULATIONS CAN BE FOUND IN CHAPTER 28 OF THE ANGLETON CODE OF ORDINANCES.
TWO APPOINTED BODIES MOST INVOLVED WITH THE ZONING FUNCTION ARE THE PLANNING AND ZONING COMMISSION AND THE BOARD OF ADJUSTMENT.
AS I EXPLAINED, THE BOARD OF ADJUSTMENT IS A QUASI JUDICIAL BODY THAT EXISTS TO DECIDE UPON APPLICATIONS FOR VARIANCES TO THE REQUIREMENTS OF THE ZONING ORDINANCE AND TO RULE UPON APPEALS REGARDING INTERPRETATION AND APPLICATION OF THE ZONING ORDINANCE.
SO YOU OWN A HOUSE AND YOUR HOUSE WAS BUILT IN THE 1950S AND, YOU KNOW, IT'S FIVE FEET FROM THE SIDE PROPERTY LINES, BUT THE ZONING THAT WAS APPLIED ON THE PROPERTY SAYS THAT THE SIDE YARD SET BACK HAS TO BE SEVEN FEET AND YOU WANT TO BUILD AN ADDITION ON THE HOUSE.
YOU GET TO GO TO THE BOARD OF ADJUSTMENT AND ASK FOR A VARIANCE IF YOU WANT TO BUILD YOUR ADDITION TO THE SAME DISTANCE AS THE REST OF THE HOUSE IS BUILT FROM THE SIDE PROPERTY LINE. THAT'S THE TYPE OF VARIANCE THAT THE BOARD OF ADJUSTMENT WOULD HANDLE.
SOMEBODY WANTS TO BUILD A COMMERCIAL STRUCTURE, SAY THE COURTHOUSE ANNEX.
ONE ZONING DISTRICT THAT THEY HAD WOULD ALLOW THE HEIGHT OF THE STRUCTURE, BUT THAT WAS THE C-OR DISTRICT, I BELIEVE.
THE CENTRAL BUSINESS DISTRICT--.
BUT THE C-OR DISTRICT REQUIRES OFF STREET PARKING, THE CENTRAL BUSINESS DISTRICT WOULDN'T ALLOW A HEIGHT THAT WAS TALL ENOUGH FOR THE BUILDING, BUT DOESN'T REQUIRE OFF STREET PARKING. SO THE COUNTY DECIDED TO FIRST REZONE THE PROPERTY AND THEN TO SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENT ON THE HEIGHT OF THE ANNEX BUILDING THAT THEY WANT TO BUILD.
SO THOSE ARE THE TYPES OF VARIANCES THAT THE BOARD OF ADJUSTMENT HANDLES.
APPEALS ARE A RARE KIND OF THING, AND THOSE ARE THINGS THAT REALLY WANT TO BE CAREFUL ABOUT. I WOULD CERTAINLY INVOLVE THE CITY ATTORNEY ON ANYBODY WHO SUBMITTED AN APPEAL OF AN INTERPRETATION OR APPLICATION OF THE ZONING ORDINANCE.
AS I SAID, THE BOARD CAN SWEARING WITNESSES, TAKE TESTIMONY, DECISIONS ARE FINAL WITH THE DECISION MADE TO THE COURTS.
THE PLANNING AND ZONING COMMISSION IS ADVISORY, MAKE RECOMMENDATIONS TO THE CITY COUNCIL ON SUBDIVISION APPLICATIONS, REZONING APPLICATION, SPECIFIC USE PERMIT APPLICATIONS, AND OCCASIONALLY SITE PLAN APPLICATIONS AS PART OF THE ZONING PROCESS, AND WHEN I SAY OCCASIONALLY IN THE SITE PLAN, THE ZONING ORDINANCE VERY SPECIFICALLY SAYS THAT ALL THAT NONRESIDENTIAL, MEANING NON SINGLE FAMILY RESIDENTIAL, PROJECTS HAVE TO HAVE A SITE PLAN THAT'S BEEN APPROVED BY THE PLANNING AND ZONING COMMISSION AND IF SOME PARTY IS OF OFFENDED BY WHATEVER THE DECISION IS, THERE'S AN APPEAL TO THE CITY COUNCIL.
SO YOU ACTUALLY HAVE DECISION MAKING AUTHORITY ON A SITE PLAN UNLESS IT'S APPEALED TO THE CITY COUNCIL AND WE PROCESSED A FEW OF THOSE THROUGH YOU.
THE SITE PLAN FOR THE INDUSTRIAL BUILDINGS ON COUNTY ROAD 220 DOWN TO THE SOUTH.
SO THAT'S ONE OF THE THINGS THAT HAS BEEN KIND OF UNUSUAL HERE FOR ME IS THAT THERE'S ALL THIS SUBDIVISION ACTIVITY, BUT THERE'S VERY LITTLE COMMERCIAL DEVELOPMENT ACTIVITY GOING ON. I CAN'T SPEAK AS TO WHY.
[00:35:04]
WE'LL SEE IF THE YEAH, THAT, I BELIEVE, IS KIND OF EVERYBODY'S HOPE.AND AS I EXPLAINED, THE PNZ ALSO MAKES RECOMMENDATIONS TO THE CITY COUNCIL ON ORDINANCES AMENDING CHAPTERS 23 AND 28.
IF SOMEBODY WERE TO PROPOSE AN AMENDMENT TO THE COMPREHENSIVE PLAN OR SOME ELEMENT OF THE COMPREHENSIVE PLAN, SUCH AS THE FUTURE LAND USE PLAN OR THE MOBILITY PLAN THAT WOULD ALSO GO THROUGH THE SAME PROCESS, IT WOULD BE NOTICE TO THE NEWSPAPER, A PUBLIC HEARING ON AN AMENDMENT TO THE COMPREHENSIVE PLAN, A RECOMMENDATION BY YOU ALL TO THE CITY COUNCIL BEFORE THE CITY COUNCIL COULD APPROVE AN AMENDMENT TO THE COMPREHENSIVE PLAN, BUT I THINK IT WOULD PROBABLY BE IN THE CITY'S BEST INTERESTS TO CONSIDER GETTING A NEW COMPREHENSIVE PLAN. LAST SLIDE.
DEVELOPMENT SERVICES [INAUDIBLE] INVOLVED IN ALMOST ALL ASPECTS OF THE LAND DEVELOPMENT PROCESS FROM THE BEGINNING TO THE CONSTRUCTION OF BUILDINGS AND THE ISSUANCE OR CERTIFICATE OF OCCUPANCY, AND THEN ON TO VARIOUS ASPECTS OF CODE ENFORCEMENT IF THEY COME INTO PLACE. I THOUGHT THE KITTIES WERE CUTE.
I WOULD ASSUME THAT DOING ANOTHER COMPREHENSIVE PLAN PROPERLY WILL INVOLVE A CONSULTANT? IT WOULD HAVE TO.
AND DOES LEADERSHIP WITHIN THE CITY INTEND TO MAKE A REQUEST IN NEXT YEAR'S BUDGET FOR SUCH A CONSULTANT? I'M SURE THAT THE QUESTION WILL COME UP DURING THE BUDGET PROCESS.
I CAN'T SAY HOW THAT'S GOING TO TURN OUT.
I UNDERSTAND, BUT I AGREE THAT, YOU KNOW, WHETHER IT'S 2003 OR 2007, IT'S BEEN TOO LONG AND YEAH. DOES THE WORK THAT THEY'RE DOING NOW TO REMOVE ALL THE REPETITION AND CLEANING UP, WILL THAT BE GOOD [INAUDIBLE] WORK FOR A COMPREHENSIVE PLAN OR ARE THEY NOT? THAT'S NOT REALLY SOMETHING THAT COMPREHENSIVE PLANS GET INTO.
IT WILL CERTAINLY HELP THE DEVELOPMENT PROCESS AND DEVELOPMENT SERVICES STAFF HAS BEEN LOOKING AT SOME SOFTWARE THAT WE THINK WILL FURTHER HELP THE DEVELOPMENT PROCESS.
PEOPLE WILL STILL HAVE TO COME TO THE PLANNING AND ZONING COMMISSION TO GET SUBDIVISIONS APPROVED, SOME SUBDIVISIONS, NOT ALL SUBDIVISIONS REQUIRE PLANNING AND ZONING COMMISSION RECOMMENDATION OR CITY COUNCIL APPROVAL.
THERE ARE VARIOUS TYPES OF ADMINISTRATIVE PLATS THAT, FOR REASONS OUTLINED IN THE LOCAL GOVERNMENT CODE, CAN BE DONE ADMINISTRATIVELY.
YOU WANT TO REMOVE THE LOT LINE BETWEEN TWO LOTS, THAT'S AN AMENDING REPLAT THAT DOESN'T HAVE TO GO TO THE PLANNING AND ZONING COMMISSION, OR THE CITY COUNCIL, THAT CAN BE DONE ADMINISTRATIVELY. MINOR PLATS, FOUR LOTS OR LESS, WHERE THERE'S NO EXTENSION OF PUBLIC SERVICES AND YOU HAVE ACCESS TO AN EXISTING PUBLIC STREET THAT CAN BE DONE AS A MINOR PLAT, WHICH IS AN ADMINISTRATIVE PLAT, IT DOESN'T HAVE TO GO TO THE PLANNING AND ZONING COMMISSION OR THE CITY COUNCIL.
START ASKING FOR A VARIANCE OF SOMETHING AND THEN IT BECOMES A PLAT THAT HAS TO COME TO THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL, SO.
THOSE ARE TWO EXAMPLES OF ADMINISTRATIVE APPROVAL OF PLATS THAT CAN HAPPEN, BUT THE STANDARD PLAT THAT YOU'RE GOING TO SEE IS GOING TO BE A PRELIMINARY PLAT AND A FINAL PLANT, WITH CONSTRUCTION PLANS APPROVED ADMINISTRATIVELY IN BETWEEN.
SO TWO POINTS I WANT TO MAKE, AND ONE I'M I NEED YOUR HELP WITH.
ALL RIGHT. WHEN WE REZONE PROPERTY, WE ARE REZONING IT POTENTIALLY FOREVER, SO EVEN THOUGH SOMEBODY COMES IN HERE AND SAYS, I WANT TO TAKE THIS PROPERTY, I WANT TO REZONE IT TO X AND DO THIS WITH IT.
WE'VE ALSO GOT TO CONSIDER ALL THE OTHER THINGS THAT MAY BE ABLE TO BE DONE WITHIN THAT ZONING BEYOND WHAT THIS PERSON'S DURATION MAY BE.
AND SO WE CAN'T LOOK AT JUST WHAT'S BEING BROUGHT BEFORE US, BUT THE POTENTIAL FOR WHAT COULD HAPPEN AFTER THAT PERSON MOVES ON OR WHATEVER.
[00:40:05]
YEAH. THE OTHER THING IS, ON SPECIFIC USE PERMITS AND I'M REMEMBERING THAT--.WELL, I'LL FIRST COMMENT THAT THERE WAS A TIME WHEN WE SAW A FLURRY OF SPECIFIC PERMITS BEFORE YOU CAME AND THEY'VE JUST DRIED UP IN THE LAST TWO OR THREE YEARS.
BUT I RECALL THE SPECIFIC USE PERMITS CAN BE EITHER TIME LIMITED OR UNLIMITED, BUT AM I REMEMBERING CORRECTLY THAT THE SPECIFIC USE PERMIT TERMINATES WHEN THE PROPERTY IS SOLD? THAT'S A GOOD QUESTION.
THE SPECIFIC USE PERMIT AND THOSE THINGS THAT CAN BE DONE BY A SPECIFIC USE PERMIT ARE IDENTIFIED ON THE CITY'S TABLE OF USES.
IT'S BASICALLY A SITE PLAN THAT COMES TO THE PLANNING AND ZONING COMMISSION AND PLANNING AND ZONING COMMISSION MAKES A RECOMMENDATION TO THE CITY COUNCIL ON WHETHER THE SITE PLAN OF THAT PARTICULAR USE IS APPROPRIATE FOR THE PROPERTY UPON WHICH IT'S BEING ASKED BECAUSE THAT'S WHAT IT MEANS TO BE A SPECIFIC USE PERMIT.
IT'S NOT CONSIDERED TO BE 'OKAY', BUT DEPENDING ON WHAT SOMEBODY WANTS TO DO MAYBE IT IS 'OKAY'. SO YOU CAN CERTAINLY TIME LIMIT A SPECIFIC USE PERMIT.
I WOULD SAY THAT IF SOMEBODY SAY, WE'LL USE STARBUCKS AS AN EXAMPLE, SAY STARBUCKS NEEDED A SPECIFIC USE PERMIT TO DO STARBUCKS.
IF YOU DECIDE THAT-- TO RECOMMEND THAT THAT SPECIFIC USE PERMIT IS OK AT THAT LOCATION, AND COUNCIL DECIDES THAT THAT SPECIFIC USE PERMIT IS OK AT THAT LOCATION.
IT WOULD BE MY OPINION THAT EVEN IF THE ORIGINAL APPLICANT WAS NOW NO LONGER INVOLVED WITH IT, IF THE USE WAS STAYING THE SAME, THAT THEY COULD CONTINUE TO DO THAT USE REGARDLESS OF WHO THE OWNER WAS.
NOW, I'M REMEMBERING THE EXAMPLES OF DAYCARE CENTERS AND GAME ROOMS, AND WE HAD CONCERNS ABOUT THE FOLKS THAT WE'RE DOING THESE GAME ROOMS, AND SO WE SAID, ALL RIGHT, WE'LL DO THIS FOR X PERIOD OF TIME, AND THEN YOU'VE GOT TO REAPPLY JUST TO MAKE SURE THEY WERE CONFORMING WITH ALL THE CITY'S REQUIREMENTS.
BUT I TO RECALL THAT WHEN THAT PERSON SOLD THAT GAME ROOM OR SOLD THE PROPERTY AND THAT'S SPECIFIC USE PERMIT WAS TERMINATED.
NOW, YOUR STARBUCKS EXAMPLE, I AGREE THAT COMMERCIAL PROPERTY LIKE OF THAT TYPE OF NATURE MAKES SENSE, FOR ONE, WHY WOULDN'T IT MAKE SENSE FOR SOMEBODY ELSE? RIGHT.
I CAN CERTAINLY LOOK UP THE ANSWER FOR YOU.
YEAH, I CAN'T REALLY REMEMBER IF WE'VE EVEN PROCESSED A SPECIFIC USE PERMIT REQUEST, SO I HAVEN'T REALLY HAD MUCH REASON TO LOOK AT THAT SECTION OF THE CODE.
THERE MAY BE SPECIFIC CRITERIA ASSOCIATED WITH A GAME ROOM THAT SAYS THAT, THERE MAY BE SPECIFIC CRITERIA ASSOCIATED WITH THE DAYCARE THAT SAYS THAT.
NOW, OBVIOUSLY, STARBUCKS IS PROBABLY NOT THE BEST EXAMPLE, BECAUSE WHO'S GOING TO OBJECT TO THE COFFEE SHOP? I MEAN, YOU'RE NOT GOING TO HAVE THAT USE AS A POTENTIAL SPECIFIC USE PERMIT IN YOUR MULTIFAMILY ZONING DISTRICT OR SOMETHING LIKE THAT, SO PROBABLY NOT THE BEST EXAMPLE, BUT I'LL CERTAINLY LOOK IT UP. [INAUDIBLE] ANYTHING? JUST ON THE SPECIAL USE PERMIT, I REMEMBER GOING TO A CITY COUNCIL MEETING WHEN THEY WERE GOING TO PUT IN A TATTOO PARLOR AND A BARBERSHOP ON 35 AND THE ATTORNEY FOR THE CITY HAD SAID YOU COULD DO A SPECIAL USE PERMIT FOR A YEAR, SEE HOW IT GOES AND THEN WE'LL REEVALUATE IT.
BUT THE CITY COUNCIL VOTED IT DOWN [INAUDIBLE] THEY DIDN'T PASS.
I DO REMEMBER HER SAYING THEY WOULD GIVE IT A YEAR.
IT WAS THE SUGGESTION OF THE ATTORNEY.
YEAH, BUT THEY HAD THAT MULTIPLE--.
THAT'S USUALLY THE TYPICAL REASON FOR PUTTING A TIME LIMIT IN, IS THAT, OKAY, WE WANT TO SEE THIS ACTUALLY IN ACTION AND SEE HOW IT WORKS.
ALL RIGHT. ANYTHING ELSE [INAUDIBLE] THE GROUP? WELL, THANK YOU VERY MUCH.
I THINK THIS WAS VERY BENEFICIAL AND I APPRECIATE IT.
[00:45:04]
YES. AND IT WENT LONGER THAN I EXPECTED IT TO.