City Council - Regular Meeting

[Music] notice is hereby given that the city council City ofwell County Texas will convene in a regular meeting at the city council chambers 107 South Hill Street regular meeting place thereof at 5:30 p.m. please stand for the invitation and pledges good afternoon As We Gather here today in the heart of our beloved cwell let us pause for a moment of prayer and reflection we come together as a community United in Our Hope and gratitude we ask for your Divine protection over our town shielding us from harm and guiding us toward a future filled with promise in this moment we lift up our brave First Responders and dedicated volunteers and city employees may they be blessed with strength courage and wisdom as they serve and protect us embodying the very Spirit of selflessness and compassion we also seek your guidance for Our Town Council that their decisions may be filled with Clarity and insight as they lead us towards a brighter tomorrow may their hearts be open to our needs and the aspirations of every resident in calwell in your name amen amen pledged by Mr American flag Al to the flag of the United States of America and to the for stands one nation under God indivisible with liy and justice for all flag flag to theas St God indivisible

welcome to the city council meeting it's great to see so many concerned citizens here today asure involvement is vital for our community's growth and well-being we encourage your participation and look forward to hearing your thoughts and ideas our first item on the agenda is citizens to be heard on City related topics and we have one Mr Steve B [Music] so here a month ago little bit changed since then we got an engineering report back so we're talking about the flooding on Hall Street um the the city engineer actually finally came out looked at it and said that it was not so the city engineer came out and has determined that the foundations were not built to the specs written so that was y's engineer that came out and saw that just white was with me when when we did this and I have not seen the letter but I understand that there's a letter that has been sent to the developer which he has not responded other than we'll look at it and get back with you and that's going on two weeks so last meeting we had determined someone in here thought that it was built to Specs the engineers determined that it is not built to specs and it is shedding water improperly and I would uh ask y'all to all Texas water code 11.86 protect us from these actions and uh from people shedding water or diverting water on you and so that's where we're at right now I

know that the city has tried to alleviate some of the flooding in front of the houses by cutting a ditch over into someone else's property which I don't think that there was any any easement anything done other than y'all just cut a ditch there which that will also violate the same code so at any time that Resident can stop that from that water uh coming on to them that was not naturally already coming on them so if we don't have permission then we're going to be right back in the same boat the day that they decide hey I'm tired of all this water coming on me so um we've got the engineer letter um no no response from the developer getting very good response from Camden I really appreciate it but I would ask the council at this time there's got to be something to get this developer attention either I would say all construction be stopped and no sales of any of these properties that are involved be able to be sold because once they change hands then it's kicking the can down the road to someone else and they're going to you know they're they're locked away in their little LLC and they're going to walk away from it so um but I would ask y'all to study that 11.86 I would ask y'all to study the engineers report and um let's move on this sooner than later it's been four months I dealt with the developer for three months dragging us around um so I mean i' I've got a tenant of 11 years in there that is currently looking for other housing they have not found any in in barlon County so now they're looking elsewhere so we stand we're going to lose two residents to Brian snook somewhere else because they can't because they're tired of dealing with flooding about to come in which luckily and unluckily we haven't had the rain but you know they've invested in PPKs dams trying to get that water shed from the back to the front before it comes

their back and like I said I've owned it 11 years until this development started and they raised the elevation three and a half foot I've not have a problem and this is the Rubicon yes ma'am this is the Rubicon subdivision uh Chandler Arden is who we've been dealing with he acts as the front man we really don't know who it is so uh channers who cam has been in contact with and two weeks ago we'll get back with you and here we are fix to be 14 days down the road with nothing and so you know next step's going to be a demand letter to everyone so okay thank thank you'all very much we have consent agenda items of the approval of minutes from the regular meeting in October the approval of the 2025 holiday schedule the approval of longevity paid to city employees and resolution number 112 24 the appointment of Angela Bean to the position of director of the burlon county of Appraisal District Board of Directors for the 2025 2026 ter do you have any discussion on consent agenda items just one quick note the uh holiday schedule is a revised schedule is in front of we have a motion to accept the consent agenda items second second all in favor of accepting agenda items your hand motion passes next we're going to enter into the public hearing section and we have four different items for public hearing so some of you may be here for A B C or D and so if you're here for a and then you're done there may be someone here for BC or D if you're not interested in BC or D you can get up and leave that is up to you but please

consider when discussing zoning and planning issu isues it's essential to focus on key points such as land use compatibility Community impact density considerations and compliance with regulations clear concise arguments help facilitate productive discussions and decision making so in other words if someone has gotten up to speak and you kind of had the exact same thoughts you're certainly welcome to get back up and speak um or if you feel like they covered all of your bases that's fine as well um we would like for you to please go to the microphone and introduce yourself and then you can speak um on we're going to start with a and that is Grant Works presentation on the components of the preliminary report of the in development zoning ordinance associated with Texas Community Development block planning Grant contract number 231 16012 E3 36 we're going to have the presentation first and then you guys can um comment when we get to the public comment if there is anyone that cannot make it up to the podium just raise your hand and we will bring the microphones to you so that way to trip everybody uh so Nick Hill is with Grant Works he is a part of the grant writing team that has been handling theary report for the zoning ordinance so I will let take it over here thank you Forest um and please let me know if you have any trouble hearing me um I can try talk a little louder all right maybe I can move this a little closer to me too um so yes so my name is Nick Hill I'm a planner with Grant Works Inc and I've been working on this preliminary uh report for the zoning ordinance and so tonight I'm going to lead us through a presentation uh to give you all a little bit of

insight into how we made the decisions we made and what to include and what not to include um so uh begin I want to emphasize that the base of everything that we've done so far is the comprehensive plan that the city adopted a few years ago so the comprehensive plan uh helped inform many of the goals that uh kind of guided our vision and our decision- making and helped inform many of the attributes of this ordinance that helped achieve those goals so that includes things such as the districts that we decided to include the allowed uses in each district and the associated dimensional standards among many of the other attributes the future land use map also was important in uh establishing the districts that we were going to include but really it helped inform the layout of the zoning map and the location of the zoning districts next section of my presentation is largely going to focus on some of the goals identified in the comprehensive plan that are particularly relevant to this zoning ordinance and I'll explain a little bit about how uh what we have decided to include and the ordinance helps achieve those goals uh so I Pedic from certain chapters so this won't cover every chapter of the uh conv plan or every goal just the ones that are relevant for us tonight the first goal uh was to enhance Community character and manage growth and development objective 3.1.2 was to prioritize areas for infi development and Redevelopment in underutilized areas of the city we achieved this through uh reserving residential zoning designations for existing uh neighborhoods to shift development interest away from largely undeveloped areas of the city or areas of the city where City Utilities and resources may not extend yet to the vacant Lots in established neighborhoods to support those as the Bedrock of this community objective 3.1.4 was to ensure high quality neighborhoods by updating city

ordinances policies and other development regulations to minimize the adverse impact on surrounding areas the four residential districts that we have included in in this ordinance that is the residential the mixed residential mixed use and the alternative housing overlay are all designed to take into account the existing character and design of those areas of the city so we want to ensure that any new residential development in these areas will be visually uh compatible and compatible in terms of character with the uh established communities we have also um allowed puds or planned unit developments um to create developments that have a greater mix of housing types densities and Community amenities to create uh very complete and robust neighborhoods I'm sorry what neighborhoods will that be um so the uh zoning map will cover uh exactly where the um the districts are located um yes so the the board out the first board out in the hallway um has the full scale zooming map so you be able to see there it's also available online um so those probably the easiest ways to see in the large scale yeah of course um the second goal from this chapter was to prioritize um the health and safety of the community by implementing Hazard mitigation measures and Environmental Conservation efforts objective 3.2.1 was to establish policies that help promote natural and Environmental Conservation so the two ways that we went to uh achieving this uh objective um was through landscaping and screening requirements that encourage their scaping so that's the use of uh native plants that are uh require very low water resources to conserve water for uh other more important uses and also for

the use of native plants that are more uh that are better suited to the climate of this area of Texas objective 3.2.2 was to provide regulations that encourage development away from flood Hazard areas and increased mitigation strategies to preserve the Integrity of natural areas this uh or objective was our reason for including the flood plane overlay District so this District follows the boundaries of the 100e and 500-year flood plane and uh provides uh a higher set of standards for development within that so U initially restricts development in that area to ensure that the uh flood planes can continue uh functioning as they are supposed to um but if if there is the case that a structure needs to be developed there it ensures that there are higher set of standards for those structures to make sure that they are prevent protected from any flood related hazards the final goal from this chapter was to strengthen callwell sense of place and enhance local character objective 3.3.1 was to promote standards that enhance the existing character of the community while providing continuity with new development as I mentioned the four residential uh districts and really all the districts that are included are designed to make sure that any new development that would be uh built in accordance with the zoning ordinance would really mimic the design and character of those areas of the city be that you know commercial that's consistent with the commercial along Highway 36 or residential that's consistent with the type of residential neighborhoods around um Hall Street or 10th Street in the South South area of the city we also included uh land landcaping and screening standards um for areas along um the key roads so Highway 21 and Highway 36 to create visually appealing Street Scapes but also in uh areas of the city where there may be nuisance creating uses such as

industrial operations or heavy commercial uh facilities to ensure that any nuisances created by those uses will not impact the surrounding properties objective 3.3.2 was to prioritize the revitalization of downtown while preserving its historic character the downtown core District includes dimensional standards allowed uses and design standards that will uh seek to uh make sure that any new development uh is consistent with what's already there and to preserve the character and aesthetic of the downtown so this includes things like uh regulations on allowable building materials within the downtown uh uh transparency requirements to specify that stet level facades uh must be visually appealed and have the large windows that are characteristic of downtown buildings um and zero lot lines to allow any new building to be built um to fit uh into the Lots in the downtown and to mimic the side by-side development of those buildings objective 3.3.3 was to ensure that new development enhances the quality of life in cille and will be compatible with existing land uses in terms of use density building Heights scale and off side effects as I've mentioned this is really the the overall takeaway from this ordinance is that all allowed uses dimensional standards and den maximums that we include with each district are designed to make sure that new development is compatible with all it's already there we want to protect the sense of character that cwell has developed in the type of community that has become we just want to make sure that no new development puts that at risk additionally the mixed use district is designed to create walkable integrated neighborhoods around the downtown to help more residents have easy access to those downtown amenities make sure that people can live in areas that are are watchable and accessible and finally the mixed residential and alternative housing overlay districts

are designed to create integrated neighborhoods with a greater availability of different housing types to support housing affordability and to allow for uh greater diversity of housing types and housing options for the next chapter that we pulled goals from was chapter four housing and the primary goal from this chapter was to promote diverse flexible and inclusive housing options throughout the city objective 4.1.2 was to encourage multigenerational housing options and designs that would adapt to changes in Lifestyles uh to achieve this we allowed accessory dwelling units or adus by conditional use permit within every residential district and this is because adus can serve a very important function as uh like auxiliary housing for aging relatives or maybe need a higher level of care need to be brought closer to the home and in the mixed use and mixed residential districts we allow for a greater availability or sorry a greater uh variety of housing types to uh create um housing options that may be better suited to different ages and abilities objective 4.1.3 was to promote medium density and affordable housing options around the downtown area to provide easy access to the existing amenities the mixed use District sits like a ring around the downtown so if you you see the zoning map it's a the the blue District that kind of forms ring around the pink District around the downtown uh this District includes the smallest minimum lot sizes of all residential districts a variety of housing types and mixed use buildings to allow for greater uh diversity and density of housing in this area but again the density is uh designed to make sure that the uh all the VY standards match the existing development in that area so it's not creating denser housing but just ensuring that new housing will match that and can allow for a greater number of residents to live close to the downtown and have walking access to

those amendments the Final Chapter that we pulled goals from was chapter seven environment and the primary goal from this chapter um connects to what I've mentioned earlier about preserving and restoring natural thorm Water Systems objective 7.2.2 was to adopt development practices that work to conserve open space for Effective storm water management uh we achieve this through impervious service maximums that uh regulate what perent of a lot can be bu with a surface that's not space ground that can uh serve to absorb storm water and so this is meant toensure that on each lot and in each area of the city there's sufficient open space provided to make sure that natural storm water management can occur and finally the flood PL overlay District as I mentioned uh is uh intended to prevent development in the flood plane unless that structure is Ade protected and is proven to have no impact on flood plane function and Public Safety uh the final goal that is uh probably the most important in how we created the zoning ordinance is not from the comprehensive plan um so this goal is to protect the property rights of owners and so to ensure that property owners are not adversely impacted by the adoption of this ordinance we removed the requirement to bring non conforming uses into conformance within 10 years so if you were at a previous Workshop you may have heard about this and so what we did was we uh removed this requirement so every non-conforming use is fully grandfathered in and can continue without needing to uh bring it into conformance within a certain timeline so if you um I'm sorry can you say that again if you just bought a house4 yeah so if you have a non-conforming use so if you um you know if you had a non-conforming use you should have received a a letter in the

mail saying that your use may be affected you'll be able to continue that use uh as is without any problems without any setbacks and so that use will uh carry over through transfer and anything like that yes ma'am question years so we we removed that requirement so um I think I said that in a bit of a confusing way there is no requirement to bring your property into conformance at any time so the use continue as is indefinite yes so there's no concern that you'll have to change the use use what if you make substantial impr on the property 50% 30% does that requ the entire structure to be brought into compliance so uh the substantial Improvement only comes into effect with uh any type of uh like disaster impact destroys the property so the destruction of the property is uh equal to 50% of the property's value or more that structure cannot be gra back to its original use but if it is less than 50% so essentially if your home is worth $200,000 and there's a tornado or something that destroys it such that the cost to restore is only $80,000 you can restore it to its previous unit previous design no problems but if it's $150,000 so it's more than that 50% number the structure cannot be restored to its previous use so it would require the structure to potentially be elevated it was in a special flood Hazard area in a Zone a and would that elevation not just be the baset elevation but by proposed ordinance baset elevation plus 2T yes so um the current standard I believe is BAS flood elevation plus one foot uh from the current flood damage prevention

ordinance but with the the flood uh plane overlay district and with the updated uh flood ordinance that's in the pipeline also part of this grant uh that the those structures must be elevated to base flood elevation plus two I'm sorry using the word grant grant are we we gonna borrow some money the sorry yeah the money has already been from the state is from the um the Glo for it's the resilient communities program so the money has already been um like kind of set aside so there is no additional funding that is okay so the city didn't ask for the money you're offering the city did ask so uh Grant Works helped the city apply for the money to fund uh the creation of the zoning or the flood damage Ben ordinance and the updated building codes so the grant the grant has already been issued and so there's uh there's no need to apply for additional funding or take out additional loans to so the grant was for planning yes the grant was for planning only planning only yes planning only correct so we've not voted on this yet no so this is just the the first of three steps uh so there's no adoption tonight this is just uh getting information out there and putting it for Council to approve or disapprove of this now you keep saying diversity and you keep talking about the fact assuming you're talking about bringing in some uh low-income housing some some housing that might be affordable to to folks that couldn't afford it uh and I see that many times with other smaller cities and I've read much about the subject and what happens is of course you bring in these the lowincome people they they and and you develop these areas like you're talking about with us and suddenly now we got several other projects in town now that we're forced to do is this something that that is

part of the program as a part of the long-term plan is to bring in these units the house low income so I would say it's a specific plan so it's more so about um allowing different housing types rather yes or no the answer no I I I can't fully answer that because that's out of scope of what the work I've been doing so the the purpose is I think I would say yes to make housing more affordable but I wouldn't say it's NE necessarily connected to a plan to develop certain types of housing it's more so to allow different types of housing did I hear you also have identified certain areas you want to develop like I haven't identified those areas no I uh so what I've done is I've applied residential zoning to residential areas and areas see that are undeveloped we've left at agricultural so that any uh so developers who want to develop that would go apply for a rezoning but basically we wanted to create uh not set an intention for those for that land but to leave it as basically a reserve of land if somebody wants to develop it that than oh sorry yes so um as part of the the grant um so there are two conditions for the new flood damage prevention ordinance that we are working on as the required is part to Grant the first is that it matches a model provided by Federal Emergency Management agency um and so the current flood damage prevention perfectly models that it's that exact model so then the only other uh change that is typically required by the grant

is to specify that any uh structure within the flood plan must have its uh its base level so that's the you know the um kind of the floor of the first floor has to be elevated um to at least 2 feet above the base flood elevation that's identified on the flood plane map so this uh the it comes from the Federal Emergency Management agency who that covers uh all oh yes yes correct it's it's um it's in line with FEMA's like strongest recommendation um so the the FEA is constantly like updating what the the best practices for flood damage prevention and so this is just applying a higher standard that is recommended by FEMA but not specifically required based on their model ordinances so this is the the Glo where the government land offices um uh recommendation for adequate flood plane protection yes so that would um be has to be adop those Amendments have to be adopted by Council and so that would be sometime over the next couple of months that that would be be handled um I I don't have the ordinance in front of me so I can't make any promises I don't know off the top of my head I have to double check that so I'm not 100% sure how the that process works Nick are you finished with your presentation I'm not you want please finish your presentation yes yeah so the second thing that we did to make sure that U there are uh options available for property owners who are affected is we

added the administrative exception process it's there um so the administrative exception process is essentially a variance but for numerical standards so with the administrative exception a city official can grant uh a deviation of up to 15% from a numerical standard so that includes minimum lot size lot width setbacks and so this is meant to ensure that if somebody let's say has a structure that is totally fine right now totally legal right now but it's maybe in a setback within a setback once the ordinance is adopted they can apply for this uh this special um administrative exception to be able to um of move through that process a bit more quickly and and change a non-conforming structure to a conforming structure with the granting of this exception and then finally uh these special exceptions variances and resoning procedures uh that are included in this ordance are all meant to be a process available to property owners who may be affected by uh any um excessive hardship created by this ordinance and so I'm sure some people in this room um received the notice in the mail um I think we'll take any questions after the presentation um so you may have received a notice that said that your property or use of your property may be affected by the adoption of this ordinance and so on that in that mailer there should have been there were three uh ways listed that you may be affected so I wanted to quickly cover those in a little more detail just so you know what is going on the first way you may be affected is through the creation of a non-conforming use a non-conforming use is created when an existing legal use of a property is no longer permitted on that property following the adoption of or an amendment to the zoning ordinance uh a non-conforming use as I mentioned earlier can continue in perpetuity um

after the adoption of this ordinance but it cannot be enlarged or replaced with another non-conforming use without the granting of a special exception permit there is one large exception to this rule uh Texas state law allows any HUD code manufactured home so that's a manufactured home that is certified to meet the standards um set by the Housing and Development um it can allow any of those manufactured homes to be replaced with another HUD code manufactured home uh regardless of zoning designations as long as the the replacement home is a newer model and is at least the same size so if you have a home an area where it's not allowed you can still you can replace that with the manua another manufactured home as long newer and at least the same size even if the zoning code would not allow that that exception only applies to HUD code manufactured homes uh in a similar vein non-conforming structures are principal or accessory structures that do not conform to the dimensional density or size regulations of this ordinance and so that is your building is get it in a setback or is um a Max greater than the the number of structures on the lot is greater than the maximum that are allowed and so if you're affected by one of these two things there are five options available to you the first as I mentioned is to continue the use as is if you have a non-conforming use you can continue using the property as is and there's no ordinance or no regulation saying you have to stop that at any time except in special circumstances that are laid out in this ordinance uh second you can bring your property into conformance so you can replace that non-conforming use with a conforming use third you can apply for a special exception and that's if you want to say enlarge your non-conforming use or replace it with a different non-conforming use or if you

have a a nonconforming structure and you want to build an addition onto it that would gobe into into a set back or for like further into a set back you can also apply for a variance and so variance is a uh p that's granted from any aspect of this zoning ordinance so it covers uses or it can cover dimensional standards in the fifth is to apply for a rezoning this is the most difficult of the five because this is an official Amendment to the zoning map and so there's a higher standard of criteria that need to be met and so as a property owner uh these options go from easiest to hardest so the easiest is to continue use as is don't change how you're doing anything the hardest is to get a re the second way that you might be affected is through conditional use permit a conditional use permit is an individually granted zoning chain that allows a property owner to use their property for a certain use each district has their um own allowed set of uses only allowed by conditional use permit so if you're looking at the zoning ordinance in the use table the uh uses that have a triangle rather than a square those are all the uses that are only allowed by conditional use permit and so the conditional use permit is strictly reserved for uses that may have a higher nuisance associated with them be that creating more traffic creating visual or design inconsistency with the surrounding neighborhood and so the conditional use permit allows for greater discretion uh by the city over uh whether or not that is the right use for that property and in granting a conditionally use permit the city council may require that additional development standards be met to ensure that the proposed use does not adversely impact the surrounding property so that could be uh different uh requirements for landscaping for screening for uh sort of orientation of a manufactured home if would to be horizontal or perpendicular to the street uh and so that can kind of cover a lot of

different things the final way U be affected is by the new density standards that we are uh including so density standards are an important component uh of visual and design consistency within neighborhoods um I know a lot of people move to cities like hell for very quiet relaxed peaceful environment and so density standards uh ensure that uh buildings aren't getting stacked on top of each other and that the neighborhood is not getting too dense too Urban and too busy so these standards specify uh the maximum number of allow units on a given lot all single occupancy homes so that's things like manufactured homes and detached stick frame homes are all limited to one unit per lot and that does not include accessory dwelling units and but the density standards for multif family structures vary based on the type of structure so for example duplexes um for so that's for two units uh to develop a uh duplex you need a minimum of 0.07 acres per uh unit and so this number is set based on uh the size of the existing uh uh size of the lots for the existing duplexes within the city to make sure that uh any new development roughly about the same size what has already been developed in the city so with that 0.07 acres to develop a total of two units you would need a minimum lot size of 0.14 Acres but we wanted this to be scalable so that's why we set it at minimum acres per unit so if someone wants to develop fre duplexes on a lot for a total of six units um they would need a minim minimum required lot size of 0.42 acres and so this is just meant uh to ensure that any of the existing uh properties in the city that have multiple duplexes on them um are are in conformance with this ordinance and to allow for uh developments to be scalable

based on the size of the of the land available uh some additional standards that we've included in this ordinance I want to highlight um so that administrative exception process that I mentioned earlier can uh help a small like speed up the process for small numeral deviations but these typ of variances do not need to go before Council uh we include standards that regulate the size location and design of signs used for home occupations we included standards that regulate the allowed size and location on a lot of smaller storage sheds we included some heightened landscaping and screening requirements we uh included standards that encourage the use of Zer escaping in natural plants um and then another uh concern that was brought by council at the last work shop was the potential for residential development to push uh parking in the streets and causing congestion or traffic so we included a requirement that all required uh parking uh spots for residential uh units must be provided off Street just to make sure that street are remain clear there aren't cars causing congestion and finally uh we did include limitations on Stalone personal sheds or facilities and talking about like larger garages for RVs and boats so we specify that um these structures must be an accessory structure that sits on the same lot as a principal residential structure so they can not sit alone by themselves in the middle of the neighborhood and so uh before I open this up for discussion I want to cover the procedure tonight for this next hearing hear on line so there are four options available to council tonight um so the first is is if you find uh that the ordinance is good as is and it's ready to move forward you can approve and we can schedule the final hearing

you bring a final report that's essentially the same as the report if there are smaller changes that you would like to see and there's no specific definition of what smaller changes is it's kind of up to our discretion um we can uh schedule a final report hearing I can bring act to final report that takes into account those changes um if the council sorry my throat's dry uh if the council uh would like more time for discussion in specifically the format of a preliminary hearing um oh I have I have a l um uh so if you would like to have another another public Hearing in this format i' recommend that you you table and we can pick this back up at the next public meeting um but if there were our large changes that you like to see or larger concerns about the ordinance um what I would recommend is rejecting it and we can uh have another public Workshop like the other ones that we've had uh to have a larger discussion about this and then we'd have another public hearing like this for a new preliminary report so those that those are the options available to council and that I'll turn this over for discussion okay so we're going to start with if you if you're sitting on the very front row and you would like to address now your front row people first yes sir if you can state your name then my name is k Sanders I have a question couple of questions a couple of questions and I think one has already been answered you you spoke about the term limit on uh nonconforming use um if letbe address the the downtown core area is what I'm what I'm talking about the downtown core

area there's there's a few residences in that area right now um there is no time limit to continue that residential uh use right correct yes okay now what happens if you sell that property yes so non-conforming uses can continue through transfer of property so whether that's through inheritance or through sale the non-conforming use can continue it can continue yes okay all right I think that was as earlier but I want to be be sure about that u in that area in that downtown cor area there are several uh vacant Lots in in that area will any uh residences be allowed to be built in that downtown core area uh so so in the downtown uh single family like homes are only allowed by conditional use permit so um they would need special approval to be able to develop that so there's greater council discretion over whether that's the right use um but something like a mixed use building so if you can imagine like a a two-story building with retail on the bottom and a residence above kind like the the gym on Buck Street um that like that would be allowed but uh single family homes or multi family structures would only be allowed with specific Council approval if it is the right use and I'm think about like a town hall so yeah any um any structure that would only be used for residential use um so so multif family structures so that anything from duplexes to tow houses anything more than single occupancy sorry

um are would not be allowed within the downtown core the only thing that could potentially be allowed is stick frame homes or apartments that are in the same building as as uh commercial okay that um now if if they're free standing if if they were free-standing town homes in other words not not connected together where they would become a multi multif family uh they just freestanding town homes on these L would those be allowed um so it would have to follow the uh the lot the dimensional standards so like lot size things like that so I I can't expressly say that if it's a attach structure it could not be built if it were to be able to conform to the size regulations but again with council discretion there' be greater criteria that need to be met to make sure so that would that would be a discussion that the council have to address right so it would be in a format like have to be a public hearing okay okay okay you answer my [Music] question and my name is Judy Clifford um talking about the sheds that are on your property are on neighboring properties um I have three in my backyard so I don't think that's going to affect anything in the zoning but my question is sh um so the shed standards um if you're anyone has a copy of the ordinances uh section 5.05 we specify that sheds uh must meet the same front setback as the principal structure so a shed cannot be placed in front of a house necessarily but um it could be placed like directly next to the house so it's still you can still

see it from the front but it can't be in front of the house is right in front of the house and I guess my issue is that it's going to bring down the value of my house because it's sitting in the front yard it's being built now so I can't imagine that it's going to be built and then move to their backyard I don't think they have a backyard large enough if you can send Melissa that address check on it I will okay yeah just been concerned about that thank you and I I misspoke I need to clarify it doesn't specify that the shed cannot be in front of the house it says that it must be follow the same setback so theoretically if the setback is 20 feet and the house is 30 feet from the street by the ordinance it would be able to be developed there but so basically all it does is has to conform to the front set back but if it's in if it's anything that has had like a a build building permit issued or has like Broken Ground his grandfather in as a non-conforming struer so there would be no requirement to remove it okay anyone else on the front row what is a long my name's Kathy Smith and what is a longterm goal for this Z what are you trying to accomplish with doing a yeah absolutely so um cell is obviously a city that's growing there's been lots of residential development going on over the past few years and so the zoning ordinance first and foremost is meant to make sure that as the city grows it grows in a way that makes sense and that is um like safe and protective for the existing residents so it's meant to make sure that new development does not disrupt the character that many of

residents have come to put in love about the city and so it's it's protection from the the community as a whole from anything that could change the character of the community um but it's also protection for individual Property Owners to make sure that as that new development occurs it does not if it's you know developed on one lot that it doesn't negatively impact the surrounding Lots um and then there's there's a bunch of other benefits to zoning it uh particular with like public health with the flood plane regulation to make sure that homes and residents aren't exposed to flood hazards um and thein if they're within the flood plane um the if uh because we really I include I wrote a summary of like why Zone what are the benefits of it and it's on the city's website and I think it's included on the U the boards outside as well if you would like to look get a little bit more into that okay so so you're not trying to make the downtown just all businesses I so he trying to mimic what's there so um downtown is is mostly businesses and public uses like City City Hall that we're in and the council chambers so it's meant to protect the downtown as this like historic district and protect the visual appe so it's meant to make sure it doesn't turn into you know something that looks more like Highway 21 or Highway 36 with kind of large commercial lots and kind of expansive like large streets and uh so it's meant to make sure that it stays pedestrian friendly and available and can be a fun expanation for residents to visit um and it's uh think residences would be allowed as a second floor over retail so basically it's meant to keep the character in the downtown as it is yes I live in a orange mix residential district so what is the mix residential so the mixed residential means that um compared to the the

residential district that's in yellow there's a greater uh there are more housing types allowed so specifically in the mixed residential district uh we allow uh duplexes and any multif family structure of up to four units by right so somebody could develop that without needing special approval from the city Beyond building permits or site plan approval but anything um above four units so like you know a larger apartment community would need special approval by the city um and so so that's basic the allow the Allowed by right housing types are stick frame homes uh that not include manufactured homes um two family dwellings and any multif family structure of up to four units yes okay is that everyone on the front row okay Mr Jones yes my name's Danny Jones I I don't know if it's the proper time to bring this up but reading through uh some of the ordinances as they are uh I see some things that concern me and I would like to see added one of them in particular is section 3.04 uh item e that sexually oriented businesses will not be located within 30 ft of the school and that's the only other thing that it mentions my concern is that it should also be uh the schools and church be included in that for the protection of churches and people who are going to worship and also um I didn't have time to read all the way through it but

uh many other cities our size and larger have ordinances also that uh businesses that sell alcohol or serve alcohol not be located within a certain distance of churches or places of worship uh another concern I have is how how are we going to uh control loose Livestock in the city we have in our neighborhood some roaming livestock um chickens chickens are great pest control but they're all over the neighborhood and if we allow chickens what else are we going to allow that's all I have to say thank so agricultural uses like livestock um are not allowed outside of the Agricultural District so those any like if somebody has something like that on their property that would essentially become a non-conforming use and so again but that would not be specifically required by the zoning ordinance to be discontinued but that this would make sure that any that nobody would be able to start a new livestock operation in a neighborhood yes per per the existing Animal Control Ordinance the 4 and FFA livestock animals all that stuff is still not being affected by the zoning ordinance so that would stay in place thank you okay anyone else on the front row okay let's go second row anybody on the second

row okay third row you can state your name sir my name's Dustin staller and I have two questions um on the board reference a PUD I'm correct it's a public utility district it's a a h planed unit development okay so there's no opening for additional taxation through that uh no so the adoption of the zoning ordinance won't affect how the County taxes because the count County tax is based off of active land use so the zoning regulation won't actually impact how the County taxes it unless you you change the use based off of the Z so yes so The Zing or W affect how your property is taxed okay second question was uh referring to mobile home so what happens if a property does not have an existing mobile home and one wants to be placed there how does that work so um it it would have to follow the use uh regulations so if it is a um within the alternative housing overlay districts that's the like kind of the purple um kind of hashed District those would be allowed by right U and if it's in a mixed residential district it would be allowed by conditional use permit so uh you have to apply for a conditional use permit from the city there would be like a discussion is it the right decision is is it not how's it going to impact and then a decision would be granted so un if development is underway as of the adoption this ordinance um it will be grandfathered in um but if that process isn't begun before the ordinance starts you have to go through the initial process and when does the ordinance start when it the moment is aded we have a time frame on that um not officially

no um yeah so it will be at least a couple months um we can't so it it'll basically depend on the decision here tonight um and so after the this agenda item there'll be a better idea but I can't guarantee a specific date because it also um we'll depend on time date do we need for legal review time that we need for any more discussion like this all it all depends hi hi my name is Michelle M and I'm representing actually a business nonar extrusions but um someone brought up the issue of um financing the the enforcement and um roll out and everything that goes along with this and my assumption is the grant won't be in perpetuity um keep funding is so how will it be funded as far as hiring people to do the process and enforce it and and whatnot yeah so that would come down more to just uh City finances and City budgeting when it comes to that um so yes our the Grant and the work that we're doing ises in simply cover how it's going to be enforced so that's up to the city in the long run where that money comes from the okay we are on third row anyone else on the third row okay fourth row one two three four I'm John grounds I'm not a resident of the city of calwell but I am a resident of burlson County I've been personally involved in obtaining a u flood plane development permit within the city of Caldwell I'm not currently engaged with any developer any trative land but I

probably will be in the very near future and a couple of questions for you one isn't the blood plane overlay District redundant to the flood damage prevention ordinance aren't they both doing exactly the same thing as far as saying their establishing finish Flore and mitigation requirements yes so it's it's um um they the the requirements are matching to make sure that they're consistent they get out of it from slightly different angles because this is more the flood image BR ordinance comes out from more of a legal procedural side and the flood plane overlay District comes more from a land use side so it's not redundant more like triangulation of getting out a problem from from different angles okay well that that can be confusing when you have two different sets of regul ordinances that refer to the exact same type of development or regulations out there so have you second question have you gone through your subdivision RS your flood damage prevention ordinance and this proposed zoning ordinance changes for this flood zone area to make sure that they are consistent and if you haven't I will volunteer my time to help you do that yes I have I so I I did spend time going through to make sure that um the updated standards that will be including in the flood damage prevention ordinance um are also included in the FL overlay district and to make sure that anything that was specified in the the flood Dage prion ordinance is included in the overlay and vice versa um and then subdivision regulations um those are uh in the process of being updated as well that's not part of the grant so I haven't been working on that but I know City stats have been working on that to make sure that um um when the zoning ordinance is adopted the subdivision

regulations are updated to make sure that they are consistent so yes not a warning that's we do something difficult for Council to continue in the future because these things are going to diverge in what their goals and what they stay just keep that in mind right thank you okay anyone else on the fourth row okay we're gonna start on the left side over here okay so me and D got simar argum but uh so I'm ke Mar on the salon on Main Street what do you do if you don't like the way you're Zone because they took our Salon it's a quarter acre on the back on the bottom end of Main Street and put as Highway commercial so why are we Highway commercial when we have no Highway Frontage and uh so you said that we should be compatible with what's around us so I got a rent house to the left houses across the street we just approved a subdivision across the street but yet I'm commercial so we we built Our Salon we built it as a house so if she quits cutting hair we're turning in a rent house but now I'll be zoned where I can't so what's compatible with the area so um if I'm correct you're talking about the area so it's Main Street behind Walmart yes so they it's meant to be cons so this is kind of the difficult thing so there's always going to be kind of a meeting point between Z two zoning districts so if you look across the street then it might not be possible to make them consistent I'm looking left the same yeah so it's meant to be consistent with uh that block that's kind of between Main Street and Highway 36 and so um pull up would be yes which is five separate Lots right and the back two lots of that tractor

lot still have the meter poles where there were houses on each lot and there's still water meters over there so you're telling me I can't go back and be mixed juice like my neighbor is you took mixed juice all the way from 21 down Maine there's even a mechanic shot that's mixed ju but then when you get down to me I asked Forest while we were Highway commercial he said well we can't spot zone I'm not asking you spot zone I'm asking you what my neighbor is which is the whole group so oh yes on the other side of osr or oh okay yeah yeah I I I see where the four Lots um on the corner of osr Street I see um yeah those are mixed right and they're connected with all the other houses and so you took us and made us commercial Highway right so that was that was meant because both sides of the street at that part that little stretch of osr are houses but there's uh that stretch of Main Street Northwest of osr its houses on one side and then thees so we can't you just Zone this out of that every going back to that I mean we're building houses in every nook and cranon town you just told us we're zoned out of it we can't do have that's not option for our property now right I typically yes and no so it's allowed by commissional use permit so if you for like there's applying for resoning but basically it's meant to uh because they are are currently vacant Lots they I be sure that they match the surrounding

okay properties okay so when the city say is they want to make the highway Frontage properties look better landscaping or whatever enforce it on that ordinance and our Salon falls on that Highway Frontage like McDonald's waterb Walmart BR we're on the back of Main Street so how do we get our Zone changed I do not like where we're at and I don't see why and so C on the west end of town There's a salon out there and there's a little NAB of orange so it's mixed juice that salon on 21 on Highway and they're mixed you but yeah our SL on the back of main is red full Highway commercial and then another thing when we start doing permits are the zones going to have different permit fees it'll be the same permit fee for every Zone it's never going to change no I'm in a so I got a lot issu so I have a lot of issues the way we're Zone I want to change because you just said the hardest thing to do is rezone after it's accepted so I'm asking you now to change my zone why if it leads them say it's not going to change taxes but okay we're zone is commercial Highway Frontage on a back street you know come on and you saying the permits won't be different well if we decide enforce ordinances on certain zones we fall on a zone that we don't we're not compatible with I can't be Highway fronted you know how how can I be compatible with my Z I'm not on the highway so why should I not change all no that's a fantastic point and um so how do I get that change and who would

be the one to do and when could it be done so there like that that was that was why we ask for people to email the development or contact me and then get those requests in so that the council could review those as part of this and so it was in that letter but I mean you being here tonight is also part of that process so any of the minor changes that are brought up tonight the council can ask staff to go back with the grant team to make some of these changes and adjustments if they are deemed necessary or deemed that the council sees them as appropriate so because I don't want anything to happen to Cindy to cost her more money being zoned as commercial Highway you know Walmart can absorb a high per or whatever but how many haircuts don't have to do to hang when she's not in shouldn't be in that so [Music] I'm my son 36 I have a land next to Brookie Brothers Walmart and y'all have taken the whole thing as commercial how and that part of that is that Lots on the in that is not commercial later in the okay so that's is that at the corner oh okay so it's that same area right right that strip that whole strip okay and there is another piece of land here in town right next to 21 they got a in can I fill one of them out I don't need all mine and I'm not going sell it I like to that's

side so the it's not an a exemption it's just agriculturally zoned so that like undeveloped property that's where I want to go if there's no prop if there's not a water meter on it or anything then sure we can look at changing it to agricultural yeah if it meets the same existing lot size and all that I got more than yes you since you presented that today you have something that we canoun no so it's on the public record tonight but if you wanted to requested before this meeting then that was something that you could be okay okay so let's start on this side come back to what I need to know is at the beginning of all this talking is it possible for a citizen to get a print of everything that was said from the beginning to now do yall have it recorded yes ma'am it's on YouTube you can go watch the live stream version so anybody in town that has YouTube can listen to everything that is said so that they can do it from home and they can make because there has been I have S sitting here listening people saying what's that I don't know what's that so they need to be able to study it and riew it before they can make decisions and ask questions that's what

I want to know other things at the beginning and throughout a lot of it I have heard one word that has been used repetitively character okay would you please define character you said the B we want to stay with the character of the area it's not with the chur the area okay also and what is allowable and what is not allowable what I would like to know is who or what entity and what specific individuals determine the character of what is allowed I mean say it's not in the character what well what is the character so can they give people these people that have been working for many years and they have their homes and they work very hardly okay and they're not in character will you be able to if they have a question to say what are you doing wrong what you and what is allowable and not allowable example said for instance the window side your window is not the correct side that was an example so would they be able to come to an individual and if so who would going to De speak with so who makes the decision who the character and the design and it looks like from inexperienced people uh that there might be blanket regulations the character well who will determine it that's I know can you tell us that now yes so the character um I would Define the character as the visual aesthetic the look The feel the LIF everybody here know what the visual everybody that means it looks nice and it goes with it looks good for

everybody for instance a friend of mine probably 30 years ago lived in Du Meadows which is Outskirts of e she bought a nice little house very nice neighborhood and uh she wanted to paint the trim on her house but she was not allowed to paint it without getting the permission of some who whoever was in charge so what I'm saying is to what extreme is there an extreme whe citizens of CW before they can do make some decisions who would they have to have to fill out a permit for everything for instance y'all said that the grandfather thing which is very good to hear is indefinite it is an indefinite thing unless uh uh you change and you you know move your house out then you have to start over and you build a house MobileOne okay but indefinitely uh but then later on it was said inde definitely except indefinitely except in special circumstances now that seems to be a contradiction to me indefinitely is indefinitely but you said oh but in special circumstances it's not inde can you give me any yes so the only two circumstances where a non-conforming use would not be able to be continued are if uh that property is destroyed by tornado by like a tornado or so there there are Provisions specially specifying I can't remember on top of my head which some some disasters count some don't count towards this I think you said slack yes so if somebody had a tornado come through okay and it's gone okay but then you person I don't know this tornado we might have to get religion

anyway they lost it in a tornado but they because of Z would not be able to replace it I hope that doesn't happen to anyway but I just wondered what would happen in that circumstance would that be allowed they allowed to be grandfathers and replace it because there's been a twister hit West Carwell a couple of times in the last 20 years and people just picked up the house and moved back over and then worked on it now I don't know if it was in that 50% thing or not you know but I just wanted to see what would be allowed and what would not be allowed and the main one the main thing is who makes that determination when you're up for murder you got 12 people decide okay here in if you want to do something I want to put some shter over my windows the canopies so it doesn't rain in there okay who determines if I'm to do that and do I have to fill out a form for that okay Are there specific people one two three four and five that's what I want to know yes so how Bally how a house looks so paint color stuff like that is not regulated by the organ so it's not like an HOA you don't need a Civic approval to design your house a certain way it only regulates like the use or the type of structure so the diff the difference between a manufactured home and a stick frame home that oh so stick frame home is like like a traditional house with like a yeah so like a wooden framed house um and so uh so we wouldn't so there wouldn't be concerns over the design of a house just the type of house that it is and then the the decisions over things like conditional use permits are made by the city council uh so it's a it's a jury of

eight or no six five yeah so it's a decision of five regarding commissional use permits variances special Reas not [Music] expence and the gentl over there I think he was talking and he wanted little metal thing that they used to sell because he wanted toport okay and then he turned down because it was not in the character of the neighborhood or something like that and but then some I think four people voted against it and one was not there or something but one of them said at the end I think he went back I don't know the and I think it might have been determined that they might have allowed him to do it because they said there other people in C Hol that what we allowed to do that so you know it's getting very because they said it was not the word wasn't necessary something like that maybe somebody wasn't crippled but he just just getting to where there everything what is not what do you what are you allow to do without buing out a perm for instance I asked somebody years ago when down the houses you pushing down you know cwell is very good about getting out the bulldozer and pushing down a big concrete building put at the but anyway what it is they said what is allowed and so I had someone come ask for me and this was several years ago and I said I need a tol how much can you do without having

to fill out a permit cuz I had seen a couple houses and it was a good idea I don't know what thing over the window on yes and it was on osr and that that been there for several years it's very good but I wonder if that would be changing the character too much no so things like that like individual design aspects of a house wouldn't be covered by the zoning orance it would have to be up to the fa cities building codes if it is work that is required to uh have a permit uh the the building codes do uh exempt certain types of work from requiring a permit I can't on the top of my head um but so that so you need permission is what you're say right so but something yes so the zoning code is not a homeowners association it's not telling you what your house can look like it's just telling see what types of houses can go with well the last thing I'm two more okay one is what's going to happen to thatkey up on osr been going thatkey donke I there and I think and the other thing I how much is being spent to pay gr for all of this zoning I mean I'm not saying you're supposed to do this free but I just want what the C to the city of cwell for having the zoning Grant works so the way it works is it's a it's a grant so 90% of the funding is is provided by the state and

there's a small match I don't know the exact number off top of my head but so for the three things that are included in the grant that's the zoning ordinance uh updated building codes and an updated flood damage prevention ordinance it's a few thousand dollars but I don't know the exact number off thep my head but so 90% of it is coming from the state that's a good point oh my name is Andre Butler by the way um so we bought some property off 36 sou and we bought it as residential or commercial so right now we're using it as I guess commercial for a business and we were wanting to turn it into like or build some for plexes on the property so is that not um is that in the the mix resal par so uh quad flexes um are only allowed by conditional use permit in the mixed residential so you uh have to go through that application process to get that approved by the city um let me just double check and make sure I'm correct yes so bu conditional use permit only so it just means that there's a a extra like step to make sure that that's that to get Council approval to develop that so it's not simply outlawing it it's just adding an extra condition okay thank you this way I'm sorry one more question so on another property that we own um we have a smaller like home on it right and if we were wan to move it we could still because I heard you say something about um or it was on the screen 0.7 you can only build a single unit um right so that uh that's for a duplex so um that's

what we're want to put on the prop oh yeah so basically for a d so a duplex you need a minimum of 0.07 Acres per per unit so for per per unit so for a dle minimum of 0.14 we have a Barum bar dominium be built in the city limits or which would that beow gotcha okay so um if the barn is used for an active agricultural use that would not be allowed residential district it's just style as long as long as it is conforming to the city's code for resal structures it would be allowed as I I believe for you yeah so it would depending on where it's at and what the zone is I mean right now condominium would fall under the agricultural category so it's not listed under the residential use category okay yes

yeah so um in uh section 4 uh 10 of the uh ordinance they uh we specify allowable types of building materials for each district and so steel aluminum metal this is be for siding so uh what does the outside of the building look like um steel aluminum metal would not be allowed in the residential districts as like visual the outside Ade uh but that would be allowed like the agricultural District or General commercial Highway commercial or industrial so specifically to the standard of built from metal it would not be allowed don't I sorry the doesn't specify inside versus outside hi my name is Tony SLE and I'm concerned about the zoning law for my mother's property at 404 East Buck you have her zoned as commercial it is the only resident on that on that street so if she loses her trailer house and Aires it just goes to commercial property she's not going to be able to build on that property for house is it a manufactured home it is manufactured homes can be replaced no questions asked regardless of the zoning as long as it's a newer model what about the zoning of being commercial property so um that would make the house a non-conforming use and so it would um be allowed to to continue

uh with being allowed to continue in the sense that the city is not going to make you stop using it the way you use it but you have to get a permanent if it gets destroyed in natural disaster I you would need the the requisite like permits to place a manufactured home but you wouldn't need a conditional use permit or specific zoning permit to replace it because the city allows it to be replace so basically if it gets destroyed in a natural disaster it's up to the committee whether she can put a house back on it no it can it can be uh because it's a manufactured home as long as it's a a HUD code manufactured home it can be replaced without any necessary approval to just to place it by the council uh so that would fall under the uh so if it's it's a regular house it's destroyed more than 50% it could not be brought back up to the standard without a special exception permit so there is a process in place for uh to get approval to be able to bring it to replace it essentially so we would have to buy get a per it's not it's it's not sorry so so the permit word is a bit of a bit confusing it's not actually a permit it's a pro it's more of a a right granted so the permit's a bit of a misnomer the city council well yes so yes the city council would have to yeah correct correct so yeah decision by the council so we also have another property on on Bank Street and it's a trailer house as well but it's on a very small lot and it's it's zoned as business and residential so if it doesn't fall into the if the land is too small for the trailer house you say it's grandfather in it right now but if something was to

move it we would fall back into happen to get a permit or buil to standard right so um if a if a nonconforming use is is abandoned so there's a couple things that that mean but uh like moving the manufactured home off of the lot would most likely be considered as aband abandonment you can't recontinue to use again um so then this particular property is going to be too small for a house right I mean it's a corner lot but it's too small for a house I right and then the other thing with that particular property you have to park in the street it's a side street so she's not going to allow we won't be able to park on the street anymore no that's just for new development so it's not saying that you can't park on the street it's just saying if wants to develop a lot they need to provide enough space off Street to uh to park and then they can't say oh we provided parking by because they can park on the street it has to be like a driveway a carport a garage something like that it's off street so you'd still be able to parking street it's not like a parking restriction sign so how do I go about the the place on bu Street to get it removed from being in the commercial Zone if have it just residential um because you have the park across the street you got it you got it classified as commercial but you have no truck signs all down that area so you're going to have commercial vehicles running next to the Davon Creek Park and that's a no no truck rout in this city oh okay um she's not she's I think it's the letter said she's 36 Frontage but she's not right so the highway commercial is um doesn't exactly mean it's on the highway it just means

it's a certain type of commercial that's kind of matches what's along that along 36 so that's like that larger lot commercial like car dealers ships equipment sales things like that so it doesn't necessarily specify that it has to be on uh like to have Frontage along the highway it's just kind of in that Corridor along the highway so that's why that's only supp um again because um grandfather didn't she wouldn't have any problems okay okay so if it does go through so who comes back in and says that she's not up to standards for she has three three sheds on the property carport two carports and the property's been developed over the last 30 years so it's been residential right so that's up to how the city enforces it well like what what department how that's enforce um because it's a nonconforming use no one's going to come and tell her to stop and we don't specify a maximum number of sheds allowed we only specify that it has to be below a certain size and has there be specified stepback for that um so the three sheds in the carport she won't there won't be somebody coming to say you need to tear this down um it'll all continue and if say it is with like within a setback it would then be a non-conforming structure so again it would be allowed to be to continue with no problem so no no conforming you're just saying that it doesn't me the standards of the code essentially so essentially non-conforming use means um if that lot were to be vacant no you couldn't develop what's currently on it correct so it's grandfather in got no problem you can continue your life without worry about the city knocking your door and saying

stop my name is Rodrigo Hernandez I'm G be speaking on behalf of my dad Javier here um we live in a residential area he has a trucking business that's registered to our residents but he doesn't have the at Wheeler park there he has it plug at the ring Jeep trucks because his business is registered with the house does that mean we would have to get a non-conforming permit because it would be something commercial in a residential area uh no so that would be as so that would all most likely under a home occupation which is allowed within residential districts yes it's allowed within residential districts and so essentially the home occupation is fine to basically continue like it's an office uh you're like you have you know Des that you work from and so you can have like a small side advertising it you can still use it that way there's no problem at all it's just you can't use it for um like you can't park the 18 you can't have like large storage facilities or if you're a carpenter you can't have a giant like Woodshed workshop on there so if you're basically using your home as an office that's no problem because it's a home occupation and that's allowed so it should not be problem okay one more thing though um if even if we did have to go get a permit how much would the per cost we haven't the city hasn't set fees yet so the permits are all on the city's fee schedule which is adopted every fiscal year so in October there's a new fee schedule that's adopted that the council adopts in line with the budget and so the permit fees are established at the beginning of the fisal year which is October 1st there's um [Music] hi my name is Shirley Smith and uh I had

a question about there's these uh RVs that are parked in people Broadway and people live in them like their grand grandpa um and that causes those cars to be parked on the street and somehow they know when a appraisers coming and they move the r v and put cars back in the driveway is that allowable to park your RV and your dagine yes so the zoning ordance doesn't specifically cover that um that's covered under article 3.06 it's it's put in with the um manufactured homes um ordinance and so um to my knowledge there's no restriction on parking your RV at your house but there is a restriction on occupancy and so you can't occupy an RV right yes yeah for the city you can't live in in the RV um and so then it would it would come down to enforcement which you mentioned around that but and so is the big down is that non I mean what are you do [Music] that so um that so that's uh considered public administration so that is allowed within the downtown so but as it is well the city hall in the you know council chambers we we are in are alsoin the downtown that's why we allowed it because it's and with the courthouse as

well it's very common for downtown to have Civic like that but it's run down it's all rotted inside be patient be patient be patient well can you tell me something no it's in litigation so just be patient do we have any more zoning questions good evening mayor and Council and City staff I just wanted to say thank you for the many opportunities that there have been throughout this process including as part of the comprehensive plan that was done years back to address whether or not cell was ready for zoning and I really feel like this is a great opportunity for zoning in this town I understand the different proposal that's been made and respect the um item that's before you tonight I did also want to uh request or recommend that a Planning and Zoning commission or some type of entity be formed because as with any ordinance it is difficult to get it right the first time and so I'm sure there will be times when a revision needs to be made or a proposal um maybe would come before City staff for additional consideration and so just wanted to put out there a citizen board related to the formation of the ordinance May beneficial in this case and I appreciate the time time that's a that's a great point and you sound like you know your stuff so the city council acts as the Planning and Zoning commission until one is appointed so if the city were to appoint uh plan Z commission they would take over responsibility for granting variances special exceptions so that so but until then the city council hand procedure so again I'm back this is not about zoning but it is about character

and we want to say last year we were tracked down at our kids school which is quite embarrassing to um we were we were asked to have our cabin skirted around the bottom yet our neighbors on the commercial property that we own have a home that is that needs to be condemned and I see nothing has been done about it and it makes our place look really bad so when will something be done about that um so that's a part of the building uh standards and so that is under chapter three of the code of ordinances and as part of the building code updates there will be updates going into uh enforcing and how to go about the process to uh address structures that need to be condemned so that'll be a part of that other update that we're working on as well so that's not part of the update that you're working on but we were contacting last year not only were we contacted last year that day and day that our home was not our was not started so there is a code enforcement in place already this is going to be addressing dilapidated structures more in detail it'll be whenever we get through the process of updating the ordinances and presenting all of it to the council for their riew I would say next couple months okay first of all I'd like to thank the council for their efforts in bringing out someone very knowledgeable about putting together a zoning ordinance for the city of cols a lot of you don't know this but in

1992 Billy brers and I was brought up to the city council and their answer to me was Brad it's just not time yet well I'm I'm doing back flips on the inside you can't see me because I kind of f but uh anyway so I'm very happy about what I see here tonight and uh I fully support fully support zoning in calwell now what I've heard tonight is a very very comprehensive plan that most people cannot understand because because this young man is very knowledgeable and he had a lot of information and he didn't have near enough time I'm just telling you oh absolutely so I sit through these meetings all the time where people try to give me three hours worth of information in 30 minutes and at some point you just your brain gets numb and I'm sure a lot of people got numb tonight but I just want to say I'm totally in favor of zoning uh I believe that we do have a lot of work to do counsil on on on some issues that are outstanding here they've been brought up and uh I personally am looking at this and telling everybody here I don't want you to be uh afraid of zoning do not be afraid of zoning they mentioned tonight you're going to be grandfather and all that means is that you can keep doing what you're doing that nobody's going to come and make you move out of your house that's not going to happen and and so you you don't need to worry about that and for those of you who have been zoned into a commercial slot the council has the full ability and authority to give you a variance on that to see that you like was just discussed with Mr SLE over here you'll be able to your mom will be able to Live lifetime without any

problems so that's what I want to encourage you to go away from here tonight is that your council is doing a good job on this zoning deal they brought in some experts which I'm very Le about at a 90% cost share which by the way yall don't understand grants but I'll tell you if you get a 90% uh a 90% Grant with a 10% cost share uh that's as good as it gets with the federal government or the state government which this happens to be a state Grand is that right right so it can't get any better it's a win-win for calwell so I do want to applaud Cam and white and and those that were in charge of bringing in Grant works but I do also want to caution you don't move too fast the citizens here are a little bit dizzy with all the movement that's been going on the last couple of years so just slow down a little bit breathe you're headed in the right way I'm down here tonight to say I can see light at the end of the tunnel and it's not a train you got to just keep right on going the way you're going and you'll have a good ordinance and remember when that when he people come up here like myself at some point and need a variance it's real simple you just look at each other and say yeah we're going to give you a variance no problem go back home we do it and then Forest whoever it is that writes it down changes the books and we're all good you know that was one of the things that that I wanted to do in 1992 when I originally brought it up was to put in a simple a very simple zoning basically on 36 and 21 and to stop all of the businesses from locating within the city inside the residential areas now from what I can see that's what you're attempting to do right now is to stop that and and and I applaud you I I I never thought I would say this to the city council because we've been at odds on a lot of issues but I can tell you tonight I'm I'm very pleased

about what I've said so I apologize for taking this much time we're all tired and I know there's more people that need to speak so thank you for listening thank you sir appreciate that hi um my name is I just want to say a couple things I'm not personally affected by the zoning map um but I am in a sense as we're transplants here we moved here going on four years ago now we pick this town because of what this town is the size of this town the fact that um I can go over to the part that he's talking about and see cows whenever I go over there that's what we came here for and we enjoy it and I'm not gonna lie whenever I say I don't like the fact that everybody is trying to build this town into South Houston where I came from granted I know it'll never be nothing but you know my point being there is Brian there is Venom there's Austin I would guess that most of the people most of the people that live here have either lived here their whole lives or moved here to get away from overpopulation nobody wants it people that live in small towns like this don't and if they do then they generally move to more populated areas and I feel like like the whole housing Edition behind Walmart I was shocked when I saw it because every time I go by there you know it nice to look over and see an open field it's nice that we have the town that we have and downtown could bring in

so much because we sit on two major highways really well traveled highways with moving however many thousand people were trying to move in with all the new housing zoning Here There and putting everything else up but that's just simply what I want to say about it so I thank you all very much and Y have a good night that's a that's a fantastic point and that's exactly what I mean in terms of character you we want to make sure that if and when colell grows if and when there's new residential development it doesn't get rid of that character that some people have Liv here it character the problem is the character does get L I'm when I okay let me let me just back up a bit I'm okay so what I literally just came from okay it's down by galon I lived on galon and then I moved Inland some after the hurricane okay so what you're saying character that you're not going to lose the little bitty part that we moved to unfortunately for us was an HOA subdivision but it was a very small subdivision and within the three years that we were there there were already 300 houses put in that whole area right there actually had nothing there it was fields and then you went down to Santa Fe it was Fields all the way down that way you can't say that adding houses is not going to add more stuff does this town need something for families of course you know maybe a swimming pool maybe a skating ring maybe a movie theater yes but people like me that are moving to really tiny pwn are moving to really tiny town for a reason I don't want my kids you know having to deal with some of the same things I dealt

with where I came from which is what you bring when you bring tens of thousands or or even thousands of people into a town your crime rates rise uh just other things you know I not that I don't pay attention to my kids okay but I have to pay attention specifically okay I'm my kids are to me and I can be 10 feet from me and I'm fine you know I'm not worried that somebody's gonna try and snatch them small towns bring that kind of stuff most of these people know everybody where you know I mean we're learning to you know meet people in in you know the town in the community but you cannot say that bringing more housing in which brings more people in is not going to bring everything else because then it's just a Snowball Effect and it gets bigger and it gets bigger and it gets bigger and like literally this is I forever home so my kids can enjoy being in a small town walking around playing with cows you know whatever and then you know talking about resoning some areas I love over by the park I mean it's the most people peaceful place over there because it's pasture there's nothing there no stores no nothing to look at whatever and that's where I'm coming from and if somebody sells I know sorry if somebody sells I understand that if it's grandfathered in you know okay you know maybe they pass it down to the Sun but as soon as he sells his property with those cows guess what the developer is going to buy it and then they're going to throw up apartment or houses or whatever and then that changes the whole aspect what's over there now

that's thank you a little bit first of all thank youall very much for all of your hard work on this like tour for this project I have a couple of requests for the zoning map I have numbers that's helpful um ID 61101 and ID 34850 is currently Zone agricultural District it's a property that is currently under contract and I believe already been brought before city council for residential use and we would like to have that zone for residential use at this time okay yeah so um able to email that request for us just so we can have and then um additionally there's property R number 16496 and that property is currently zoned as Highway commercial but the adjoining property that is part of this property is R number 16486 and that is Zone residential like those boat to be Highway commercial okay yeah so if you that all everything okay and then the um other property is currently zoned it's addition to Ed theill which I believe has already been brought through city council as well um that's currently zone for agriculture and we like to go ahead and have that updated to residential have that as well okay [Music]

hi my name is Kim Haven I don't live in Jon County or but I have business here and my concern is the fact that the business is in the ex residential area as a storage facility the supporting uses and accessory as listed in Section 3 C isn't defined in section eight I'm sorry could you see okay so mixed residential district limited accessory and supporting uses that are consistent with the existing residential character of a neighborhood I got a storage facility there is no Definition for accessory or supporting well there is access it relates to Stage sh okay is that so um is that a a larger like commercial like storage like multiple okay so but it's like one where this like you can rent a storage unit okay um yeah so that's yeah so not allowed by uh by right in the mixed residential so it would be non um the purpose is to so that's not I mean it is yeah so it's fully grandfather day is a nonconforming so L of continue operation with no problem's not gonna tell you to stop so there's no actual change that you need to make have to apply for no okay fantastic thank you for Forest tell there some seats here yeah there's some more

seats my name is Bruce alord like to first thank the councel for all your hard work want to call Mr and say this is uh been coming for a while uh needs to happen but I also agree it needs to be walked through very slowly and listen to the public listen to your constituents and don't just act the need jerk reaction but again thank y for your efforts I would like to be on the on the record for objecting I sent an email in like I was told on the certain properties objecting to the different usage so not going to get into the details that's all we needed to do I think uh one thing that I've learned in this meeting that uh concerns me a little bit is our restrictions are higher than FEMA a lot of other larger cities uh how did we come up with wanting to be more than PMA actually recommends so um it's still recommended by FEMA there's like a the Baseline that you have to be at but they recommend being above that and so it's a requirement from the the Grant from the GL govern land office and um so that's where the theic numbers come from but FMA is slowly starting to U push their standards a bit higher as as flood damage becomes more common especially this SL the coastal Coastal inland area of Texas so um we are kind of jumping ahead of some of the that is like a soft retirement right now but will eventually become a hard retirement for example we expanded the FL overlay district and the uh the regulations of the flood damage prevention ordinance to both the 100

year and 500e flood plane as of right now it specifically only requires those regulations within the 100e flood plane but FEMA is in the process of upping their regulations to the 500 year so it's slightly getting out a little bit ahead of what's required but those requirements are basically in the works and so they the recommended standards now even though they're a little bit above but um they'll eventually will most likely become the could I suggest that maybe that's one of the things that we slowly walk up because I'm in the middle of a project that we've been working for several years that we had no expectations of it being two feet above what what is required by P and uh you know so two adding two feet to something even though we're going through all the everything properly that's a lot of extra cost a lot of extra cost absolutely I'm just looking to see if I can find the section about that yeah um so the um FL it's um so on page 16 is where it specifies like Bas flood elevation requirements um so it's all new construction or substantial improvements so my interpretation of that would be any construction that is underway you if you're in the planning stage and doing your hydraulic studies Etc that's not break in ground right this but regulations that are in place at the time you initiate a follow after G in and submitted some type of permit that even if they change

the regulations of the ordinance after that you [Music] should that's that's what I meant to say that was kind of like mud there building per some sort of permit has been issued it's regulations areed where they're at and that's what it lies right same goes for the zoning all right next thing uh not getting into specific and specific person's properties but there who picked the way some of these properties were I mean there's a house in 21 that is a fixed brick on a slab house been a residence for 30 years is now commercial there is a business that is on a has a stick building that is owned residential I mean I don't understand how we right got off track there so the base is the future land use map so there's um the future land use map shows that kind of a slow progression towards turning Highway 21 into strictly commercial Corridor and so the balance we have to strike is limiting the creation of non controling uses right now but still staying within the vision of the future land use map so it's attempting to shift um towards the future land use map but leaving but trying to slowly to to that to not make a huge overing change I think it will be addressed like you said with grandfathered in and having an injection on record but I just wanted to point out there there's lots of gray area when from the outside looking in absolutely so but again I think those things those problems will be addressed uh the last

point I'd like to make or ask is something that we haven't mentioned at all uh how are these zones going to affect our property taxes is there have we been in any consultation with the braal district so the zoning uh will not affect how your property is taxed so the tax station the the code the state code that's applied for the the property tax is based on the active land use not the zoning designation so there'll be kind of two separate things so is that in writing somewh is that a statute I mean so that so it's not based off so that increase isn't based off of a change in the tax code so you know it's let's say you have an undeveloped lot and it's tax resident or it's uh Zone residential but the tax code applied is agricultural so it's tax as an agricultural although you're allowed to build residential uses on it so being allowed to build residential uses won't change that tax code so the tax rate that's appli but because certain uh tax designations are more favorable for development so there's slightly higher value that'll that to push the value of the property itself up so right so yes absolutely absolutely so do we have a liaison between the appraisal district and our owning commission Council there haven't been conversations because there it's two separate procedures so how specifically the process of how the County taxes your

property will not be affected your property values may be affected but that's not that's not a I just see that that's one of those baby step questions I see it as a problem because I'm probably everybody in this room their property taxes have gone up every year forever how long right and and that's part of the cwell people are having a problem with the growth property Valu is going up we want that growth but we also I would like to see some reassurance that just because we're zon commercial the appraisal district is not going to jump on DB it and then here we are going up 20 30% I think I think that that's something the council needs to look into is to have a the Aon with the appraisal district to where we have something in writing some kind of plan or idea to protect protect our citizens and constituents yeah absolutely that's a very good point we don't we definitely do not want to come in here and make your property taxes higher that's not the purpose and so we want to make sure that any change here today is not going to hurt you guys in the short term or the long term so I I appreciate that look to well I just want to again thank everybody I uh as most of you know I'm Pro calwell going to continue to try to bring new things to calwell and I just hope that this loing doesn't affect it thank you anyone else for the um zoning ordinance so yeah so it's not an adoption it's basically approving this draft that's like satisfactory

if we have another one of these have tole your glasses off a little bit council do you have any questions or comments or discussion to you go back over Council discussion and action and what next steps are before they do anything yes so um so there are four options available if you are content and happy with the zoning ordinance as is you can approve it and then we can basically turn this into a final report uh come back for a second hearing for approval of that final report and then adopt and we're trying to get some clarification specifically about if that needs to be a separate process if we can if approval of the final report and adoption have to be separate hearings clarification about that um if you if there are you know smaller changes that you want to make and then smaller kind of V uh you can conditionally approve and specify that uh what changes need to be made uh and we put those into the final report schedule a final report hearing safely council meeting in December and come back with the final report for the approval of that um if you would like more time for conversation in a public hearing sense like this um you can table and we could return for another public hearing say next month or if you would like uh if there are larger changes that you think need to be made we can uh you can reject and we can have another Workshop like um how we did um in August and October and then return for a new preliminary reports so those are so so based off of what you heard in

the emails we received I mean is that fall under we could conditionally approve it or do you need more time to review what's been presented to you tonight to before we do a final I I think um I don't think any of the changes that have been suggested tonight constitute like significant changes that need uh whole new preliminary report so throw this out start over um I think there are small enough changes that this is we could update for the final report in return um and so that's my review of the situation if if we conditionally approve and you said we can come back what happens when we would that be the public hearing also yes what happen do we just keep doing if if there is enough complaints or concern thank you for the word concerns that we can uh keep do a similar deal like tonight and still conditionally approve it and then if we think that's good enough we can go go to approve yes so yes let's say you were to conditionally approve come back with uh the final report with those smaller changes and you still say there's some changes that we would like to see um I don't know the exact legal procedure but um we could still go from there because the decision then is to approve the final reports as it is for adoption or to make some additional changes so then we could updateing another Report with those changes and make that would have opportunity so basically you can conditionally approve the final report until it's okay that's what getting it

clear sorry I don't have oh on the slides right so oh so with the so um the specification foration within the FL D ordinance and was in the overlay that um you by building a structure in the flood plane it cannot increase the flooding risk to surrounded properties so the FL or we specifi that you need a hydrology study to show that the presence of this is not going to increase flood levels and so there is specifically um the the intention of to make sure that a structure building of a development structure does not push flooding haard on that's that's the would be enforced through the development procedure so um it's uh app like or preliminary preliminary for subdivision or building specify that because this is FL plane you need a flood plane development permit and to get a flood plane development permit you need to need these specifications and they have to have a compl hydrology study that shows that it's not going to increase so it's all part of like process so you keep saying blood PL is that just some specific areas in cwell or is it everywhere inside the city Liv yeah so it's a specific area identified by FEMA

as um basically there's in any like storm there's a 1% chance that that area will flood and so that's how we get to the 100e flood plane and so I don't know if you can see he's doing the area that's kind of has like the blue hat um up around where highways 21 and 36 meet up from there that's that's the FL you're not in the flood plane then none of this means anything correct so it's just within that area yeah there are specific restrictions subdivision ordinance and infrastructure design guidelines that do address the other areas that aren't in a designated flood area special flood hasard area so that's a part of the other updates that we're working on as well development so for plan development um do we know what's the minimum size and if if it's the same plan devel is it the same if it's new development as if it's in development did we you touch that so A PUD is more specifically for larger scale developments with a greater makes Al types so say like a subdivision like the one off of County Road 300 that's not a PUD but a PUD would be something like uh a neighborhood that has a down like downtown commercial something like that and so all of it is regulated by um section article 7 and so that it will

specify procedures and what what's allowed um so I well I direct you to that for more specific information um so that yeah so that's is it still at um I don't remember I thought my head I think it does specify there is a minimum size uh that you would need question okay next for public hearing many we have a motion to approve conditionally approve table or reject the zoning ordinance I would make a recommendation [Music] [Music] I'll second that I know we're not going to re design the whole thing but we do need to look

at you know some um areas and some of all the notes are written down everything's reported and then you know episod for everybody to be able to come back and ask those same questions see if you know got everything you know answered and then um so I a whole lot on yourself but that next time then can I ask a question before you second I can ask can I ask a question well no he had said that he allows me to oh okay if we table this and we have to go through mailing out to everyone again and it goes through the whole process for for every public hearing um regarding a Zone inment um there has to be Citywide notice plus a notice to uses so Citywide it has to affected property owners have to be notified so it affects the whole city and so anytime there's an official public hearing like this you would need to send out that me notice but if it is something like a workshop where it's just a conversation and it's not like an official decision being made uh we do not need to send out a mailed notice we can just put a notice in paper um so if we wanted to have a workshop like how we did before we don't need that that ranging level of notice but if we have another public hearing like this we would need that so we would need that for um the final report hearing and a potential adoption just make clear for me because I'm sure everybody else knows but if we conditionally approve we're in or versus

table we're basically doing the same thing we as table conditionally approving if we still want to discuss it is that correct so the um conditionally approved would mean we don't need another preliminary report hearing tabling would would mean we would need another one of these where the council would have to then make the take action to approve I just want to make it clear I think we heard from the public that we not rush it this is something we know that needs to be done opportunity to any you can do that under conditionally approv you can do as many conditionally approves as we have a motion to table and a second all in favor of tabling the preliminary zoning [Music] any opposed for the record motion passes now Council if you would like us to send out a public notice like we did for the next workshop for the discussion to continue so that everyone is still made aware of it we can do that separate it would be separate you would like us to doar we we're asking for feedback seems like we want to send the noce so we're going to go that route I'm for the notice but I just that's my opinion okay next Grand work's

presentation on the components of the preliminary report of the updated building codes and related amendments associated with the Texas Community Development block planning Grant contract number 23612 Follow by discussion possible action so this is another extended presentation from over about the am we're doing related to the building it's actually be much shorter than my previous presentation five so's much l this one so the second preliminary report before council tonight covers the second part of the RCP grant that is adoption of updated building codes and so like the zoning ordinance the adoption of updated building codes comes directly from the comprehensive plan so within the comprehensive plan um uh there are specific actions that are identified to update these building codes periodically to support various goals so goal 3.1 is to enhance the community's character and manage growth and development one of the recommended actions to achieve this is to assess the city building codes every 3 to five years and update as needed and goal 4.2 is to enhance the quality of the existing neighborhoods by promoting Property Maintenance that recommends achieving this uh through enforcing the international property maintenance code and the international existing building code and uh so tonight I'll be discussing what codes we recommend adopting as well as any Associated amendments the first code we recommend adopting is the international building code 2021 we recommend adopting with amendments for consistency with City procedures and ordinances for Provisions uh for the registration of contractors uh for additions to work exemp from permit uh and I wanted to highlight U

that of the last minute change yesterday um we REM removed one of the work that would be exempt from permit in in the additions so um how it was the preliminary version that you guys were sent was um that fences of a certain size and certain type would be exempt from requiring a building permit um but hopefully you received an updated version of this um we removed that Amendment so that fences like that would still need to get a per a building permit we also included some amendments for minor changes to standards for interior finishes marking of access doors and posting of occupant loads and we do not recommend that any appendices be included with this code the international residential code 2021 recommend adopting with Amendment for consistency the procedures and ordinances in particular the flood damage prevention ordinance um with some additions to work exempt from permit with some additional definitions with an added section that covers standards for law irrigation systems and for an updated tiny home definition that matches the other city regulations and is consistent with what has been discussed with council at earli workshops we recommend adopting appendices a manufactured homes used as dwellings appendix ah Pao covers appendix a n venting methods and appendix AQ tiny comes the international existing building code 2021 we recommend adopting as it with no amendments and no pendencies National Plumbing code 2021 adopting for consistency with City procedures consistency with standard local uh and Regional construction practices uh for some additional improvements to Public Health tyly regarding um higher sealing standards for contaminants uh to allow bottled water dispensers instead of drinking

fountains and uh for increased safety for private SE systems and we recommend no appes Beed the international fuel gas code 2021 we are adopting with Amendment for consistency uh to remove requirements regarding appliances and garages um and the use of copper pipes and for additional standards for testing pressure and again no pendencies to be included the International Mechanical Code 2021 we are adopting with amendments for consistency and to remove requirements regarding uh ples and garages and that's that same requirement from the previous code and again no appendices to be included the National Electric Code 2023 we recommend adopting with additional standards for the protection number and uh location of electrical meters and disconnecting means um no again no pendencies to be included the international property maintenance code 2021 we have been adopting the Amendments for consistency uh to remove again those same requirements regarding appliances and garages and uh to adapt the code to some of the local contexts cwell specifically that requires uh windows screens year round is only requir evening during certain times of the year and again no pendencies to be included uh the international conserv energy conservation code 2021 we recommend adopting with consistency uh for additional exceptions to the testing of thermal envelopes for additional information to be provided on certificates for amendments to the standards for installation of electrical boxes and air ducts and to remove requirements for dimmers and sensors on interior lights again no appendices to be included the international fire code 2021 recom adopting consistency to insert dates were required to eliminate the requirements of of spr clear systems within temporary tents and to allow the

sale of uh fireworks and finally to add some additional protections for the underground storage of combustible liquids these last two no pendencies to be included so those are all the um um code before uh for the preliminary report and the options are the same um to approve missionally approve table or Pro anyone in the audience wanted to speak about building codes this is a boring one could you explain more about the elimination yes so that [Music] I'm sorry I don't have it written down because it's uh removed from the the code just it just seemed like we have an appliances in a garage it's also an enclosed space and if we're removing any kind of Regulation there we're we're increasing the chance of fires we got safety problems there

[Music] guess the new building these homes would be that they need to be inside your your structure not in the [Music] that's my understand have the language that we're moving so applian is located in private garages to be installed with a minimum clearance of six feet above the floor um so basically whenever you have the international fuel gas code makes it to where if you were going to put a water heater in your garage they're going to make you put it 6 feet above the floor um and that's not exactly consistent with what we see a lot of times so we're essentially deleting that section making it allowable for water heaters and gas fir appliances to be installed lower to the floor uh but also if it's in a garage you have to be 18 inches minimum off the bottom of the floor unless it meets the the flame Vapor resistant type water heater um and so essentially that's what it is we're we're because that's not exactly consistent with what we see around here so that's essentially why we Sor one more question so like the

zoning if someone's doing like a remodel is there a threshold of like how much that remodel would require them to update to the new building codes it's commercial or right so if it's residential what I understand not the existing part or like whatever existing standing the same then you can as long as that met code at one point in time then it's allowed to stay as is um but whatever you're changing those are the parts that have to come up to current code so like inance if you're adding new walls you're change you're adding a room or something like that well if we're looking at the the roof framing and you know okay maybe it's not in the greatest of condition it's an existing house but you're not changing the roof framing unless it's a hazard uh which would have never met codes that were passed in you know previously we're not going to make you bring okay so same to um approve approve t or project yes okay did you have any um additional emails prior to tonight not Rel to okay we have a motion to approve conditionally approve table or reject the pimary um report of updated building codes we have a second to

approve all in favor of approving the preliminary report the building codes raise your right hand all in favor motion passes um I think there's some people that would like yes we'll take a five minute recess e e

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e e the next item on the agenda is the solicitation and handh handling ordinance number 11924 an ordinance of the city council of the city of C Texas repeal chapter 4 business regulations article 4.03 peders of the city of ordinances in its entirety and repace as follows providing for regulations and requirements of pedler solicitor canvas itinerate vendor and pan handling establishing protections for homeowners Desiring to avoid ERS solicitors handers itinerate vendors and pan handlers providing for severability establishing a penalty and providing for an effective date okay so mayor and Council um this is a ordinance to basically get us updated to what state laws have had

changes to and then also make sure that we have something in place for currently our solation do anything about P handling so that forward to attention and so basically um that's the overview of everything um the licensing and licens are mandatory gred solicit but not forers application is required personel for organization or anybody that's you know going door to door to sell things um and then they have to have a check and then they were also be subject to investigation something came on that back check currently we don't do that um prohibit uh so no solicitation is allowed on properties with no solic signs during residential or restricted hours 8m to 900 a. or using aggressive um this is specific restrictions to um pan handling so time restrictions for pan handling would be prohibited between 8:00 pm. and 9:00 a.m. um placing restrictions on pain handling so that we would not be allowed within 200t of a sensitive area like an ATM a bank a fuel pump um or dining areas public transportation stops without permission um manner restrictions so gr of action blocking Pathways or profane language or approaching within three ft of a person or B um false or misleading statement so Mr representation such as pretending to be homeless or disabled as prohibited um and then penalties and violation would inur based on code and then solicitation authorization so certain charitable organizations May solicit donations on roadways with prior authorization for liability and

liability insurance coverage um that is the synopsis of the ordinance um there any specific questions okay so I was looking at that and it is fixing to be in January Girl Scout cookie time so um that's a real big deal and that is their big fundraiser so do Girl Scouts have to come to the city to get permission to go door too no so as long as they have that permission from wherever they're going to be soliciting act or if they are going around door too then I would be considered a CER in that sense so that falls under like when fire department comes geord door to sell their big fundraiser tickets cic organizations School groups same category corre no need for background check okay perfect yes I work three h what's the last hell storm happened at 5:00 pm and we had a record of a softball siiz hail on 102 and there's what they call a hell report and it's on every one of these roof responders and we had people seven PM they were knocking on everybody's door in cwell on that same Sunday night I'm asking a question now those people those citizens say what have you registered with are they gonna I mean because that's a vendor right okay I just want to make sure that these citizens have the right to tell them that they should go register with the city and get a permit to I mean because that's a that's an extreme but it was extreme when

you and that's that's that's thect the the city of gids I work to with with them they require them that contractor to be registered so it can't be a guy that is selling roofs for you know he's got to be a register contractor with so that would not be directly I understand but it's something it's something and they have to it requires them they require them to have a certain amount of insurance as a contractor I'm just bring that up because I work five of them what about scam artist I mean that you read about all the time where the roofers come in get the money and leave uh is there any way we would they file for a permit is there any way to check their credal legitimacy that's a good word that is a good word so I think as far as the process goes um we we could verify that their business is legitimate because they do have to provide their EIN number that's issued when they are a registered business for the state um so that would be a way that we would be able to verify that wasn't there something in that ordinance that says that we provide them with badging as well yeah so they will be issued a like actual permit from here on out once this is adopted so they would have a paper permit with like a badge that they would have to have on them to have proof if somebody was to ask if they had a solicitor's [Music] permit and it's real simple if they don't have it call us we'll

come okay do we have a motion to adopt to pan handling well it say oh sorry I'm sorry sorry any comments about the solicitation hand haing ordinance okay now do we have a motion to adopt second all in favor raise your right hand allos I mean I'm tired all in favor motion passes next submission of a final plat for a detention Pond and common area as part of the arrowhead Farm subdivision for approximately 14428 Acres parcel ID number 10 37029 so this is the area that we're talking about off of 300 [Music] adivision and three um most of you probably noticed that it is already there um this is just platting it out separately um majority of that property is in the special flood Hazard area and so this would keep um the development from having any kind of residences being built where would in BL Hazard area so this kind of goes along with the new zoning that we talked about a little bit ago um so it is already existing the deten pond is going to be a dry Pond it won't hold water unless there's a major rain event um but it is meant to help slow down the water from getting into the davidon creek water shed area so that it helps uh decrease the overall runoff that's coming out of the arrowhead Farm subdivision and then Jeff Robertson with m cler brown what he is here he's right there so he can ask or answer any questions that you might have related to this this is a public comment

public hearing so if there's any public questions or comments you're than welcome to ask it is a public dominity so it will connect to David Street Park and there is a you know piece of the sidewalk that is already on the damn part of the so it will have some connection and benefit to the overall anyone from the audience tonight for discussion on this one uh do we have a motion to approve the final plat for detention Pond for approval second all in favor raise your right hand all in favor motion passes next regular agenda items resolution number 11 2024a amending the communications policies and procedures to adopt a covered applications in prohibited technology policy as required by chapter 620 of the Texas government code providing for severability and savings clause and setting an effective date mayor and Council in August of 2023 Council adopted a Communications policies and procedure the resolution presented today proposes amendments to align those policies with Senate Bill 1893 which prohibits certain social media apps that includes Tik Tok on government devices with exceptions provided for law enforcement and information security so in other words city issued

phones can't have Tik [Music] [Music] Tok any discussion on this pretty cut and dry okay motion to adopt the resolution second all in favor of adopting resolution number 11 2024a raise your right hand all in favor motion passes next granting the city administrator permission to submit a request for proposal for Grant Administration Services regarding the Texas department of a agriculture Community Development blck Grant 2025 downtown revitalization program so mayor and Council um my Main Street hat now and so basically this item is to allow us to go after request proposal fores [Music] to and basically Texas department of agult development gr to support will rule communities in enhancing and improving their downtown areas the main purpose is to promote Economic Development improve public infrastructure support the revitalization of Central Business districts in rural Texas Community eligibility for this is only um non entitlement communities and rural areas not receiving direct C funding from are eligible and then applicants must demonstrate a need for downt realization showing economic and social impact of the proposed project so your normal C

gring process and requ is what that Bas um the funding so it it provides grant funding for projects like sidewalk repairs upgrade improvements and other public infrastru enhancements to support economic activity gr amounts are matching and matching requirements may vary depending on the scope of the project andic program guidelines um the grant has a minimum of a 3.5% cash match by the city and so um in the 2025 fiscal year CIP budget they did approved 150,000 towards this project um and that is over the amount that is needed for the 3 and a half% so we made sure that there was a little extra in there depending on there was other needs that we needed to address while we're working on that project it's not scope um the project focus is going to be an emphasis placed on improving the accessibility safety and overall fuel in the downtown um mainly we're talking about the intersections of Fox Street and Echo Street and then Echo Street and bu um everyone has probably noticed that the text l83 had the sidewalk enhancements done probably in 2013 um and that was all through the tex. it because that isain road and so the Ada improvements that were made at that time did not get transferred over to the other side of the square so this would be the project that we could um apply for through the grant to actually get that done um along with that we talked about some drainage issues along the up Street area and kind of this back alley behind City Hall CHR and so that also potentially be as part of the

project scope and this would be the uh the preliminary project scope obviously we're going out for the grant administrative services at this time so we haven't actually defined the overall project but this is kind of the area that we're thinking in regards to thisam is there any [Music] question nov 2 yes the notice is ready to go out have a second second all in favor of granting City administrator permission to submit a request for proposal for Grant Administration raise your right hand all in favor motion passes next request for approval of a front setb variance to accommodate a carport addition at 1804 shy Drive sub by honorable mayor and councel uh the applicants Mr and Mrs Blackman residents of Caldwell are interested in requesting a variance for the property located at 1804 chery Drive cwell Texas the variance would be for a front setback variance for the carport to be placed over the existing driveway the proposed carport is going to be metal frame construction and is planned to be placed over over the driveway which is placed within this is the tricky part 20 or 25 ft of the front setback that their property has the Blackman have a new car that they would like to protect from the weather as well as protect the inside of their home from rain that enters their home through the double doors located on the southern side of their home facing Cheryl Drive the carport would be able to provide a solution for both issues the carport would be constructed out of metal the black men do not have survey

for their property we do know there is a 5ot utility easement that extends from their property line inward towards the house uh for the city's water water line from a plat at the courthouse we did see that the property has a 20 foot front setback but I was but I also found some conflicting information when Mr Blackman was able to obtain a survey from The Neighbors at 1806 Cheryl showing that they have a 25 foot front setback for their property and not a 20 foot front setback I went on site to try and locate the property pins but could not find either of the front property pin from what I could figure out from the neighbor survey the expansion joint in the driveway at 1804 shyl Drive appears to be close to where the property line is located furthermore the city's water meter and S and city sewer cleanout do line up with this expansion joining the driveway which further leads me to believe that the front set back for this property is a 25 foot but without a survey we can't be sure the carport for the Blackman would uh the carport Blackman would like to build is a 17.3 foot wide by 20 foot long by 8 foot tall if the property has a 20 foot front set pack then the carport would be built up to the property line and over the utility easement but if the front set back is 25 foot then the carport would be built up to the edge of the 5 foot utility easement it would be 5 foot from the property line up to the edge of the utility um like I said the sewer line and the water line uh they line up with the um expansion joint in the driveway which is 25t from the edge of the house and so if the Blackman's were to build a 20 foot long car port down their driveway you know Common Sense leads me to believe that they'd still be you know 5 feet away from those City Utilities uh the

sewer is on the other side of the road it's just the water line um with all that being said for am I clicking through those okay cool um so according to section 1018 of the code of ordinances this allows for the council to Grant variances under this section uh hardship where the city finds that extraordinary hardships may result from strict compliance with these regulations it may vary the Reg tion so that substantial Justice may be done in the public interest secured provided that such variation will not have the effect of nullifying the intent and the purpose of the city's comprehensive plan these regulations or any terms of the building codes staff would recommend denial of this request because there is not existing hardship uh the council can determine if they want to approve deny or require that a survey be performed before approval is granted or table it until there's a survey a call from there but may SC back so yeah yeah so that expansion joint at the rear of the truck in the car there is the one that I believe that marks the property line uh for the house or for the property at 1804 drive to the next and that's the one that the city sewer water uh they have a weather door that you know they painted multiple times that's at the that's at the front of the car of the driveway there and U because the weather just beat the Sun and rain and everything to rep it multiple

times and then you can uh see that they've had some water enter the house and they got some warped flooring some water damage that's coming through those doors the carport would you know connect to the house and provide that protection from the rain and then just across the street maybe one or two houses down there is an existing carport for a neighbor's property uh that I don't believe ever went through the per process or requested I think you pretty much covered it I was just going to say that about six or seven years ago we had to enclose well we didn't have to I requested to enclose the garage because it was not big enough to get two vehicles in anyway and I needed the extra space so we had it enclosed and looking at you looked at the picture of where the cars were parked in front of it the people that enclosed our garage if you didn't see the uh driveway there they did such a fantastic job it just looked like it was an original room so we were real pleased with it but over the years the wind and the rain and the uh Sun it just deteriorates the finish on those doors and we go through and we have to sand them off and restain them and that and then now I noticed recently that the floor inside is starts to buckle from where it's gotten wet and so I talked to Jeff MCM who work for and he said yeah we could go in and put you know what do you call it ceramic for something you know more something type of child observe that and

you know I was like maybe an awning or something you know to keep the weather from getting in that area so it's just a request I know it's not an emergency type thing but it sure would have you know would probably help with that room particularly and possibly even if we had a carport might be lower some of the electrical bills because it wouldn't be as much heat going through that door so that was just my request thank you Joey you said the sewer clean out is underneath the slab no so it uh It lines up with that expansion joint in that driveway um Way east west north south um good question uh it would be West um you know if you continue down Sher Drive their sewer clean down from their but it's not underneath the SL um no the the sewer cleanout cities is and I asence okay okay yeah thank you yes and so and the sewer is on the other side of the street but the water is on the same side of the street the city's water line is on the same side of the street as so do you recommend we deny it because there's not a hardship which means they can put it up because of the 25 foot no um the because there's not a hardship existing where you know the property setbacks have changed because a larger utility easement was put in or something like that since they bought the property um since none of that exists essentially there's not a hardship and our recommendation is denial because there's not that hardship

and I think that's in line with code the code of ordinances St all so if um so if the expansion joint yes was it is at the 25 foot and if that came back as that point would what would you say at that point yes [Music] um uh yes uh so if the if we still got a survey staff recommendation would not change um it would only change if there were that hardship that exists and then but yeah if there that hardship that existed we would understand staff is looking at the legal definition of the hardship that doesn't mean that Council can't approve it it means it's you know it's up to you we're just looking at the legal definition what a hardship classifi you it's still you know if you think it's in the best interest of the property hours then you can absolutely approve it [Music] discuss yes yeah um and I think that you know because there is that utility easement on this property that's the other thing that sort of triggers in my mind and so knowing that that water meter and sewer cleanout is in line with and that's typically standard procedure they'll try and line those things up with where the property line is and whenever I got the neighbor survey and was able to get a pretty good uh I couldn't find the pen but I got a pretty good idea it was it's like right in front of where the water meter is at um so I essentially took a measurement from the street to where that property pin would be located and then I went over to their driveway and I measured from the

street that distance that I got to that property pin and it pretty much lines up with that expansion joint and then I measured from the house to that expansion joint and that shows 25 ft U versus on that that we found it shows the 20 ft um at the courthouse and I started thinking about it I was I wonder if it shows 20 feet at the courthouse because they know there's that 5et utility eement so maybe it's saying there's a 5 feet utility easement and then there's a 20 feet uh setback because there is that five feet but overall it's 25 feet and if they built a carport from the house 20 ft out it wouldn't be covering the utility it is this a permanent or is this a Erector Set type no it would be uh it would be constructed it wouldn't be set that spot okay oh well I mean meets up no but but it's gonna as we referred to earlier I'm trying to look at the character and you're going to stay with the character of the neighborhood correct see I learned earlier second okay all in favor of approving the setback variance raise your right hand all in favor motion passes thank you next department and Community reports got any comments or concerns about any of those

[Music] reports Walmart taken care of and any comments let's move on to administrative and elected officials reports yes please all of our major projects are still quick rolling ahead year 36 that we've been talking about should start next week maybe this week so we're going to get that kind of cleaned out that whole should look different um the Temple Street drainage project that we have Geotech was out there this week right couldn't remember it this week or last week I don't even know what day uh we're waiting on a report in the meantime we're going to be pushing that out get B on that we just want to make sure that we do it right we had a kickoff meeting with impact engineering this week they're going to be the ones that handle our pole contacts going forward um event we'll get them to do an audit over all of our polls make sure we're meeting the loading factors and make sure that we don't have too much hanging from our polls we're going to try to identify all the lines that aren't being used anymore and get those off our poles um about it I just a reminder that next week we'll be off on Thursday and Friday for Thanksgiving I don't have anything

everything things is the city participating in the lighted Christmas parade a good question December 13th if you can check on that and then H for everybody in the room uh C is once again the host site for the bres Valley food for families food drive it is Wednesday December the 4th it's two weeks from tomorrow uh fantastic Community event would love for to have you come out volunteer s and stack food donate canned food donate money it's just a wonderful event um last year burlon County calwell alone gathered 13,000 pounds of food and $60,000 and per capita we killed everybody so um and found out we have a corporate sponsor this year um our local Walmart is donating $1,500 to us so that is a fantastic start so we like to see you on Wednesday December the 4th at St Mary's Catholic Church Gym from 6 AM to 7 PM so let to see you there okay I don't say I appreciate y'all coming out and I invite yall back yes that's what I'd like yes they run this okay H now you guys get to go home because we are meeting in executive session and again thank you all very much for coming and I we'll see you in December thank you for your service