Planning Commission - Regular Meeting

All right, good evening, everyone.

We'll go ahead and get started with the Planning Commission meeting for tonight. And before we get started, we'll go ahead and go over the guidelines for the public comments. Meetings are public forums in which many opinions are expressed in the business of the city must be conducted. As such, disciplined, honorable, and professional quorum is paramount. Courtesy and respectful communication is required. During public comment periods of the meeting, all questions and statements from the public should be directed to the chairman. If you wish to speak, raise your hand and the chairman will recognize you. Please approach the podium and state your name and address. In order to allow an opportunity for everyone who wishes to address the commissioners, Speaker should limit their comments to the agenda items of application being discussed each speaker will be given five minutes To address an issue and may only address an issue once unless question from the commission or posted to the speaker And we also would ask if you will silence your cell phones if you have make sure my zone sounds I Our regular meeting will now go over the approval of the minutes for our last session on August 11th. second It's been moved in second been moved by Commissioner Lyson as well as second by Commissioner Epps that we approve the minutes All in favor raise your hand and I will recuse myself since I wasn't here There are no old business And we need to go over we'll move right down to new business and Application, AFL. Applicant, Joan Gallagher. Annexation requests. Current zoning, RC. Proposed zoning, RS-10. Is there anyone here that would like to speak in favor of this applicant? Back to the commissioners.

Mr. Chairman, in regards to the application request for task parcel 0, I'm sorry, 106-12-10007, I move that we move this to City Council Manifestation.

It's been moved by Commissioner Epps, seconded by Commissioner Conner that annexation request applicant number 27-2005 be sent to City Council for approval. Are we ready for the vote? All in favor? Unanimous. Thank you. Item B, application number 27-20006, annexation request. Applicant Rekia Cave, current zoning, RC, proposed zoning, RS-15. Is anyone here that would like to speak in favor of this applicant? Anyone here that would want to oppose? Back to the commissioners.

In regards to application 272006, tax parcel 1061810001, I move that we send this to council for approval.

Okay, it's been moved by Commissioner Epps and seconded by Commissioner Lysette that application number 27-2006, annexation request, current zone in RC, proposed zone in RS-15, that we send this to City Council for approval, and it is also added that the conclusion of law be in this. Are we ready for the question? All in favor? Unanimous? Sorry about that. Moving down to item C, application number 27-2007, applicant Robert and Courtney Miller. It's another annexation request. Current zoning RC, proposed zoning RS-15. Is there anyone here that would like to speak in favor of this applicant? Anyone here that oppose? Opposed? Step forward and state your name, please.

Name's Robert Miller. Last name Miller, M-I-L-L-E-R. We just bought this property and we're switching over the utilities and stuff, this being our first house, this was something we never dealt with. And it wasn't really given to us as a choice, I guess, because there's not a will on the property, so we're kind of bound by already using the utilities. And it doesn't give us an option. It was basically if we didn't sign it, then they wouldn't continue service. So, I mean, as you can see on that street, we're the only one. Now granted, I don't know if that's gonna happen with the rest of them because there's two more on the street that are for sale at the moment. I think one just got closed on, but they don't touch the proper, one of them doesn't touch the conjoined property. And we just kind of felt like we didn't, we weren't given an option to not sign a petition to be annexed. Wasn't really in our hands. and we didn't see where it would benefit us, one, like services like waste and stuff like that, we're the only one on the road. I mean, that'd be easily missed. Is there an option for us to not be annexed? I know it wasn't given in the paperwork, but it's kind of, we'd kind of be the island on that road.

I will say, yeah, that is our water policy that has been adopted by council. You can always ask council, because the planning commission is a recommending body, and then you have to go through two readings, so city council. So you do have the option to bring this up to council at that point. I will say generally, though, these properties will tend to kind of roll in once there's transfers of ownership. And have you had someone actually run the numbers for you?

I have not. This is the first time buying a house.

Right.

A lot of new stuff for us. And then we didn't think about it. It wasn't really an option. It wasn't a choice. Right. You either sign the paper or you don't have water. Right. And the other option is paying probably $10,000, $15,000 for a well on that piece of property. Right. Next thing you know, then there's the sign in the yard. We was like, wait a minute. We didn't fully understand what was going on. That's why I'm here to see what our options are. And it seems like it's really not an option.

But I will say you may be surprised. If you get in touch with our planning department, we can actually run some comparison numbers for you. You may actually save money by coming into the city, not to mention the fact that you're not having to pay for trash pickup. I mean, it's less. I mean, you're paying for it, but it's less than what you, if you were having to contract it out.

Right.

You do get the yard pickup. Your water rates are basically discounted at 50%. Your sewer rates as well. You don't have to pay the fire fee, which is also, if you stay in the county, is on top of what you would have to pay if you stayed in the county. And so, in other words, there are lots of benefits that are out there once you run the numbers. It's...

my other question would be is what kind of restrictions come on the property if that happens i mean because right now that we really have any restriction because it's like yes they have an hoa but it's not it's not like any other hoa around here it's kind of basically to maintain the the assets that they have there right um and The way it seems to me is like there's really no holds ball on the properties right now. So would there be, so if I go to build a shop, now is that going to tie my hands and I have to come through?

That would happen at the county too if you're trying to build a shop.

Right, but now would I have to go through both? Now I have to run through two hoops versus one.

Just one. In other words, you're just dealing with the city. Once you're annexed, you're dealing with the city, not the county rules. Okay.

Yeah. And like, I just, I don't know what all that entails, you know? So it's like, what ties our hands? Like, yeah, it may be better on a paycheck here, but you're going to tie our hands over here. Something we might see as more value to us and our family doing something in the yard.

If you have an HOA, the only thing I can think of that pops to my head is we don't like burning leaves in your yard, and I don't think your HOA would probably want you burning leaves either. I mean, so most of the things that you would run, especially if you've got any sort of just keeping your yard up sort of HOA, you're not going to really see any difference between us and the city, except that if you have an emergency, you're going to have public safety there a lot faster than a sheriff that's having to cover the entire county. So there are definite positives to that.

All right, so we can still, if we wanted to continue to go against it, then we would just continue with the appointments that are set for this, right?

Correct, for the council meeting. But again, I would really strongly encourage you to get some numbers run. I think you'd be pleasantly surprised.

Give the planning department a call and tell them exactly what's going on, and I know they'd be happy to sit down with you or go over the phone or email you some numbers specifically about you and show you kind of the cost-benefit analysis.

Okay. Maybe that's a suggestion. I know not everybody has bought a house, so buying... When they go to do this and they know that's something they're going to have to do. Hey, look, go ahead. This is something you're going to have to deal with. So call back and get your cost effectiveness of what this is. So that's something they know.

Not everybody knows that. I know not everybody knows that, but not to Monday morning quarterback. A good real estate agent would know.

I don't think they expected that to happen.

This is a citywide ordinance that affects every single property that touches city land and uses city infrastructure like this. So any real estate agent would be aware of this.

Also, we went without a real estate agent. Oh, okay. Well, there you go. We had one. We had counsel through an agent, but it was also kind of like, what was city and what wasn't in that area? Because I know they've got the weird pockets, but.

I'll be the first to say real estate agents charge an arm and a leg for showing you around a house, but this is a benefit of having one, is that they would have had this conversation with you months ago. Okay.

And Mr. Miller, let me congratulate you on your first house. That's awesome. I'm happy for you. We just discussed 15 minutes ago about why more of your neighbors aren't annexing. Because it is really a benefit to you as a homeowner. So I hope you decide to stay with it and don't fight City Hall because you'll probably lose. But the point is, this is a positive for you. And I hope you'll spread the wealth to your neighbors. Let them know. And I would encourage you to come down and get some numbers. because you'll see that there's a cost savings in many different aspects of your home ownership. And we're hoping that more of your neighbors do do that. So it makes sense to the city to have a garbage truck go around your whole neighborhood and so on. I mean, it seems like you're out on an island now, But the city, and we literally just discussed this, is hopeful that more of your neighbors would annex. So it makes sense to the city to send, as an example, a garbage truck down your street so we can pick up more garbage than just one. And you make a good point of figuring that out right away that, boy, I'm going to get missed a lot. Hopefully you don't, but call the sanitation if you do, and they'll learn that you need to get picked up. But, yeah, spread the wealth. As you get to know your neighbors, let them know. Annexing in the city is a positive thing, definitely a positive thing. across the board, taxes, fees, and so on. Yeah, yeah.

All right, well, I appreciate it.

The other thing, Mr. Miller, the next council meeting, if you do want to come and address your concerns, would be 9-28 in this building.

7 p.m. All right, thank you.

All right, item C, application number 27-20007, back to the commissioners.

comments yes well motion link comment okay yeah mr uh chairman regards to application two seven dash two zero zero zero seven current zoning rsc proposed zoning rs15 i make a motion that we move to city council for approval with the conclusions of law as written and there are no possible conditions second okay i've got a comment or a question um just in terms of given that we've

given this gentleman the opportunity or suggested that he research this what's to keep us from seeking to continue this while he has that opportunity to do that we told him to go to city and he already left well

Again, we know we can pull the numbers for him fairly quickly if he calls. And honestly, ultimately, he'd have to take it to council anyway. I think it's just better for him to go ahead and do that. And that's it.

And he's got two readings.

Correct.

Because if he doesn't do it now, pretty much, he'd be without water or water service.

No, I mean, we wouldn't do that. But the point of matter is it still would ultimately has his got to go to council if he felt like he needed to. you know, fight against that or whatever. I do think he will find it will be better. He will be better off.

Yes.

Yeah.

Any other comments?

No, he has to. They have to come here to actually transfer their water.

Okay.

Yeah, so the system actually forces people to actually physically come here.

I was like, how did he learn this?

That's it. Yeah, that's it.

But I do think he's literally learned of it by the notice being placed in his yard.

Yeah, yeah, probably. We probably learned about this hearing.

He actually does have to sign something that explains, and we explain it to him.

Yeah, his signature is in the packet.

Yeah, I mean, yeah. We have a whole form, and we said, no, explain it and all that. So, no, he wouldn't know. Oh, okay.

I do find it a little unusual that we've got a petitioner.

Who doesn't want what he's petitioning.

The person speaking against him.

Again, I think that goes back to the lack of real estate agent because normally a real estate agent would have this conversation with him when he's looking at the house. Those people might do their research a little bit better. I'm just saying why I think this was the one time this has happened.

Yeah, it doesn't happen that often.

Okay, are there any other comments? Ready for the vote? I mean, sorry about that. Commissioner Clarkson moved, and then Commissioner Epps moved that we send this to City Council. Application number 27-2007. Are we ready for the vote? All in favor?

One opposed.

One opposed.

I have an issue with voting for something with that kind of lack of, that confusion by the applicant.

I understand.

Moving right down the line to item D, annexation requests, application number 27-20008, Caitlin Gibson. current, excuse me, current zoning R.C., proposed zoning R.S. 15, and saying there's no one here to speak against it, there's no opposers, then back to the commissioners. How do you plead?

Mr. Chairman, in regards to application 27-20008, current zoning R.C., proposed zoning R.S. 15, we make a motion that we move to City Council for approval with the conclusions of law, and there are no possible conditions.

Second.

OK. It's been moved by Commissioner Clarkson, as well as seconded by Commissioner Connor. Annexation request, applicant number 27-20008. Along with the conclusion of the law on no possible condition, we send this to city council. Are we ready for the vote? All in favor? UNANIMOUS, THANK YOU. ITEM E, APPLICANT NUMBER 272009, ANNEXATION REQUESTS, MARIAN AND TONY HAUKINS. ARE THERE ANYONE HERE TO SPEAK AGAINST THIS? CURRENT ZONING, RC, PROPOSED ZONING, RS-15. BACK TO THE COMMISSIONERS. HOW DO YOU PLACE?

Can I make a motion, Mr. Chairman, to forward this to City Council for consideration of application number 27-23002, concept plan.

We don't echo. Not the concept plan, yeah. Oh, Jesus, I'm sorry. I'm making the application. Yeah, this one. Let's go with this one. Let's stay with this one. Thank you. 27230. Yeah, God. What, did I flip it already? Oh, how embarrassing.

That happens to me all the time.

What an amateur move. Anyways, yeah, I'd like to pass this to the council for consideration. Application number 2720009. for the consideration of current zoning RC to RS 15, along with the conclusions of law. Second.

All right. And by consideration, you mean approval? You said pass along for consideration, but for recommendation.

Recommendation for approval, yes. Would help if I had that in front of me.

All right, are there any comments from the commissioners? All right, it's been moved by Commissioner Lysette. Second by Commissioner Epps. Annexation request, application number 27-2009. Current zoning, RSC's proposed zoning, along with the conclusion of law, we send this to City Council for approval. Are we ready for the vote?

Calling for the vote.

All in favor. Thank you. Now down to the last item. Applicant F, application number 27-23002, concept plan applicant, YQ Property Group, LLC. Property location, 1725 Whiskey Road. Are there anyone here that would like to speak in favor of this applicant? Come forward and state your name.

Hello, my name is Ivy, and my last name is Zeng, Z-H-E-N-G, and the address is 1725 Whiskey Road.

Okay. Can you tell us what? Yeah, go ahead.

Yeah, we'll do it. This place that we're going to do is going to be the same thing as the old restaurant. And then for improvement, we're not going to do drive-thru, so to reduce the cars and to be safe for the spa.

Be aware of all the conditions as listed, such as the secondary access point on whiskey, closing that down, as well as making sure the garbage receptacles have more coverage, and also they wanted you to be playing some shrubbery and some trees on the road or by the road. Just wanted to make sure you're aware of all the conditions.

Yes.

Where are the dumpsters on the property?

In the rear.

Do you have any questions about the conditions listed?

No.

Any other questions from the commission? Okay, thank you. Thank you so much for coming today. I love you. All right, item F, the concept plan for application number 27-23002. Back to the commissioners.

Mr. Chairman, in regards to application 27-23002 concept plan for tax partial 106-12-06-002, I make a motion that we move to city council for approval with the conditions of law and the, I'm sorry, with the conclusions of law and the conditions as written.

Okay, it's been moved by Commissioner Clarkson, seconded by Commissioner Lasset, that we move this item to City Council, application number 2723002, concept plan, along with the conditioners, as well as the conclusion of law. We're now ready for the vote. And I'm going to ask the commission, how are you voting on this? Everybody's in favor? Good. Great. Ah, man. Last one. Need a motion to? You'll make the adjournment. That's right. We're making the adjournment. All right. Thank you all. Have a nice evening. But to your point, I think.