City Council - Regular Meeting

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we're going to start in about one minute it if you find thank you you we will be discussing the and ordinances and if you are a Community member and you would like to speak it's be the same procedure as before the microphone and your name address and to go first and then we'll have input your questions are not answered thank

youex Willem in a PL Workshop facilitated by Grant works Incorporated to collect public input for and answer questions about the in development zoning coordinance all right mayor and Council so following the November 19th preliminary report from the zoning ordinance uh there was quite a lot of residents that came out and voic their concerns and opinions about the ordinance um since then uh Nick and the team and I have worked together to try to address as many of those concerns that we could um Liv reason obviously based on state law and what we're allowed to do is General law Tye a city um so tonight Nick has um some of the recent changes that we've made um he's going to go over that and then any of the other questions or anything that may have come up in the past few days we'll talk about that as well all right uh thank you so much for coming out I we have some repeat uh audience MERS so apprciate you all coming back um as for mentioned I'm start covering some of the changes that we made from the version of the zoning orance that you saw ahead of the November council meeting uh so these changes consist of uh coner are brought up at that meeting uh emails or the written in person comments that we have received um as well as recommendations uh from the uh cities attorney uh so start with some things that we have removed we removed few unnecessary Provisions 104 105 106 and 107 these are things that are not necessarily relevant to zoning ordinance or

um against of ordinance we requirement to just open storage in residential districts uh within 3 years we removed uh the requirement for any violator of this ordinance to schedule a hearing before the council um at section 1.06 uh we remove your requirement to send notice of uh a violation of ordinance by a first class mail the first class mail uh we removed uh a few sections that were not relevant uh section 1.07 .02 uh set of expenses and leaves and section 2.05 building detor because they not relevant to the zoning ordinates uh we removed section 4.10.1 was regulated allowable building material by District uh a recent change at state level um haded cities from from uh prohibiting the use of any building material that would be allowed by the international building Coast so we had to this section um uh the uh set the uh the maximum height of fence on a private property at 8 ft if that fence is located outside of a set put that that fence a set so it's Clos the street we lowered at at 6 feet or lower two six feet we also included a provision that fences are located in front of a home must be smaller than 4T and have an open design to Pres sight lines at Street intersections Happ we removed a provision that no answer from Council on a resoning request uh within 30 days con un

approval we remove a requirement that U the commission must provide uh a veral report on review of to Council on review of a resoning application have rep given uh remove the requirement to submit an application for conditional permit and specify that they that uh that application can be reconsidered after certain period of time since St the there's a process of having to resubmit that application for the same I mentioned ear 6.08 6.09 build those are already hand with other orinan by the city uh we remove section 6.1 one administrative exception this was on recation from the city legal team at the home world city orry the general velocity uh Power specifically enabled by the SE of Texas uh we removed the 10day timeline for appeals of board decisions and the 15-day timeline for an action on those appeals we removed the requirement to bring an adjacent property owner on a s sidewalk or a preliminary filing um of a review um of a plan development District we also REM the provision that the prile interview sketch plan is not deed an application for permit so the sketch plan would would some rights uh we removed the requirement that either the applicant or their attorney engineer or architect must intend a Varian heing um and then in the definition we remove the second sentence definition of

access zated with be Zs addition we made we added a division temporar Zone and land as ultural unless there is a development agreement in place with City Section 3.02 this is just to make sure that any property that enters the city as land will be protected then be un development going on that that 3.4 standard this is where we more specific information about Abes that have interaction with going around them um and so we added a restriction for the sales of alcohol within 300 ft of school or school or church uh this is Baseline set by the state of Texas so Church um we added a provision um to be consistent with the stage one time allowed location manufactur home that's specify manufactur home but the newer model and of the uh at least the same size I want to know that the state definition of manufacturing a mobile and manufactur home Cod manufactur home that would still uh be consist that would still relevant we also um increase requ distance between SE businesses and schurch 1000 ft um was already in place in the city building bu regulations and

so we made sure what's consist what's there we add reference to the control orens husbandry Bally owning a couple of livestock on your resal property consist with a city's ordinances uh the same and be preference um a mobile food establishment coordinance that is development we Chang of the application requirements from dig digital submissions toide physical submissions digital copies of site plans and we only uh the copies are only required once that approved so very that I added uh some clear and expanded criteria for granting special excep permit make the process a little more transparent walk another recent change state level was that has now allowed cities to consider financial hardship as anable factor for Ring of variant um so we moved this into that section so can now consider final hardship or uh weion we allow Cil to w for plan developments particular small the process unnecessary measures we add some definitions for 100e flood plane 500 years flood planing areas special flood Hazard mobal food establishment mob FL establishment Park just for food Dr and non then we change the definition

jurdic to more fluid code language and we also to specify that may be a little bit more flexible than some smaller rewarding were I took the criteria for Branding special exception permit for non-conforming structures I out of section 1.05 and and consolid that all 6.64 we in section 1.53 C1 to require that construction uh within one year for any noning structure that damage less than 50% of that structure value before the we also rewarded the boundar overlay so that it follows the 100 year and 500 flot planes rather than be fixed on a map and so we included the uh the the district boundaries on the back draft just as a reference for you all uh but essentially this is say follow the boundaries all that whatever uh however that may change over years just to um uh allow the city to not have to adopt app amended iFly boundary for change study or through a letter we move to the allowed for the additional use permit for the alternative overlay District to the use table to consolidate all that make it we Chang uh we handicap parking sual parking in section 5.02 um and the rewarded notice

deadlines to specify that it is at least that in days before the hearing that notices for some use changes are we added limited commercial uses to the by condition and these uses that would be more assistent with an industrial part we changed uh the use allow bed breakfast to allow them in the downtown by only we changed uhal scores uh toow the condition only in use uh District to Ure that there is consistency with surrounding properties uh we allow occupations in the down four District by conditional youth permits the there and added establishment part which Allowed by additional use permit in the downtown FL and Allowed by fin we add the husband husbandry um in residential districts where by then finally some changes to the Z designation properties again this is all shown in the map highlight have made uh 600 602 64 West High 21 been changed residential to P commercial and 500 more three private commercial as well those um on North dist strect on the northeast side behind the sales along 36 we have rezoned uation um for the fre properties up to

North Street uh to from B to highly commercial uh 706 North m uh we split that zoning designations of that so the part that directly CH Street Chang to mix and high commercial and then the on side of that as well as East Side to make that uh 306 North Street uh has change to high commercial H subis CH resal the F par 3450 61101 Chang res 126 12607 properties um 406 North May 408 North May and Par 16621 and 16636 change to uh change to commercial all along North Main Street 188 West 18662 um yeah um in addition to all of the items that we did change um we did meet with

the embal district um sheer barns um and so we had addressed some of those questions and concerns that came up as far as how the appra office uh dictates the zoning or vice versa um so come and kind of speak to what we about hi my name is I'm the chiefy um and they had one of the main questions that they had asked me was what would this do to people home set properties that are off the highway 36 one these other areas that you know they are going to Z um I I do want everybody to rest assure that a homee property will always mean value as a residential property uh the TA says that we much value each individual property at the best use um however there's one exception and that is if it's your residential Homestead um there are a couple of people here um those parents and you know individually that live off the 21 and 36 and we have always consider 21 and 36 commercial um whether it's bu or not that isn't the best use but anybody who lives off of there has always been valued as residential um and that will not no matter what this Z M does um I have taken a look at it

um the previous one and it's about 99% accur properties are so I don't see this effect in our office and our thank you so much and so now two questions up representes riew first one was brought up Council Z board adjustment anding Zing commission alongside ornaments Curr language andic coun act as them but specializ specifically there's not a specific way that we have to do that the way that we currently do is we have people that let us know as on staff that they're interested in serving um a lot of cities go through an application process where uh residents are able to submit application present it to the Cil the council would hear interviews from the applicants and then they would would have to decide who's

going to actually be appointed based on inter res application um so there's there's options on how to actually form it and actually get it set up and I guess express your desire on how you want to do that if you would like to establish a plan commission and uning board of J the two is there a minimum or maximum number so they can they give me the same group they would just have to have separate meetings so they would have one hearing called a only one adjustments and then one he called commiss they can be the same individual you like two SE ones like and number of people I believe it's seven in the ordinance and potentially two alter that's that we can also adjust more or less I usually said as standard yes very um so we I mean yes proceed with forward that and bring back the process of us

[Music] correct this is all citizens the way you want to the second question ised byw allow C Council City sta process City let say a property owner

but is proper owner it be difficult to understanding process what so understanding of that they for thater owner themselves what to do as AOL invol gu open open

[Music] should exactly so the resoning procedure would still have to out in section so it have to go through the various stages of plan submission EV they riew of submission recation the city council cision of that um that request basically what this would do would be just to allow instead of a property owner coming to the city council at a workshop saying I request this I request this resoning there be a city staff member who says I request on behalf so it wouldn't elate anyw procedures it wouldn't skip processes it would start at the at the exact same point as with the same approval stages but would basically just allow a different

person I think another option right right exactly so if a if a big developer wants to build a subdivision um they can have like you the conversation with the city staff to figure possible there available and then they can give request to the city staff come to the city council and request that and so this wouldn't be a situation where a city staff going about their normal work face I I think it' be a good idea property I'm initiate it this would be based off of the request of together that's where all this they all that right and so until that time not commission the council a separate

but that decision wouldn't impact whether or not like wouldn't be impacted by uh okay and now open it up to comment oliv you go over to the Podi and make sure St your name please just so my name isiv count 365 but I own property within City Limits and I think Nick we had a back on property and I have that property that's on 36 right before the last B of train tracks going out that would be property ID 10574 and property ID 1062 seven um when we bought that we our plans were to put it building on it for me to that we pour down all the previous that were on us and uh and I communicate that so I just want to make sure that if you can keep it residential that land BEC useless because no one wants to

live train P next to Highway you know so so you know I just want to make sure that forget keep that as oural absolutely we so we did receive that and U we talked about it and the two things that we really have to look to like any of these requests are uh first off cons and around um so I understand Hy 56 it's high and and um the future ISS the future land map place that area as residential along both sides of Highway 36 uh so that was uation for right and because you said was sorry you can see through the house through the wall we knew so right we did yeah we can definitely look at it again the other issue that we noticed was the access for that property because it's that the the RightWay is lowered right there so you would have to probably have a shared driveway on the private

property in order to get Tex St that so that was another reason why we like as residential now until you bring forward a development plan then that's we can bring to the council andion to get that proper to commercial to make sure that it does meet all of the other requirements for Access and utilities and everything like that water I I don't know City yeah and setting all right thank you mayor for hearing me tonight we we're all getting a little tired so I am not going to read my desertation so no no hand claps please but the bottom line is I don't want to take up any more time than I have to because I think we're all tired I was thinking for myself I'm tired so I'm ready to go home but the issue here tonight is obviously the city is about to take a huge step um I have read through what's been provided I listening to the changes that have been made which were extensive extremely hard to follow I'll back I'll take it to a level possible to follow without having [Music] PRI so really appreciate it that that

that didn't help me but and so I'm I'm going to try to help everybody tonight and I i' like that the the city council consider something you have a handful of people here tonight that could be here there are a lot of people who would love to be here to listen what is going on the issue is the way this is this is being handled towards the zoning obviously zoning is good even if it's B zoning I because bad Z can always be correct but the situation is when we're entering into this I think it's best for all of us to get the zoning that each and every one of us need to feel good about this and by the way if the city council today was to say we give 30 days to the citizens of calwell to be able to approach the city and let them let it be known what they would like to have their properties zoned there's no reason why this city council cannot say okay we're in we're in the designing State you got colored p and need can be color and so every body who's upset to be pleased now we realize that this is any ordance and then over time we have changes that have to be made we've heard A system that could make those changes in the future but at least you got zing on the books and everybody's happing nobody wants to go into an election here with everybody unack or at least use for enough and all I got to say is there's no reason not to make everybody a call you have the stroke you have the power you're going to do whatever you want to do we understand that but I think every citizen in here tonight deserves to have

their property at a minimum Zone the way they want it doesn't matter to you the appraisal district has already said that it's really not going to impact their values in the way they've been doing business so if that's the case it's not going to impact your conference your CER is C money which is what we're all concerned about then I think you just ought to say we're going to give 30 days going to announce it we'll send out letter 30 days to get their changes in if they don't get them in sh on too bad we take 30 days we announced that you didn't do it everybody that wanted to change got their changes made we at the city council did everything that we could to try to appease the citizens which is their job by the way and I'm happy which is great so I don't see any reason why you could do that I understand you got all these reasonings and all this stuff going on you can you can do your rules you can do this m any way you want to you are the city council we elected you for a reason you are our representative and you're supposed to speak for the interest of the people and the people are here and the people are speaking and I think you're listening so give us 30 days to get you what we want and just Chang it he got like I say this is on our computer he can do it real quick all these issues all these Cal issues can be settled over time and believe me this thing is not going to be fined even if you agreed to it today it's all going to change in the future you can change any of these to anything you want on any given meeting once a month so help us out that's all ask tonight the citizens of calwell give us a chance to have what we

want we may not have it forever we have to change it but right now to get this get it on the books why don't we just easy I don't understand why it to be hard that's all I to say thank ask across the Street's exact same you look at the back you see the exact okay have to do get we years that you got to come back and say well I was but now I'm not maybe I will be okay and that's my philosophically if you want to have about that call I was glad to give you what I work

out ier right question so uh labing proceive for notice State requir notice s to anyone could be effective potentially negatively I'm very sorry wish the language could be softer yeah sorry about that um of course to scare and soal District we want because we want to make sure that uh when these companies are developed that um they are develop such that don't create a large uses because lar structur soace much small space uh we want to give great discretion to council just to make sure that they can that the design of property system a lot do affect surrounding properties and so what we are seeking clation on got answer on is do uh proper owners

who use would only be allow start that or that yes yes so place to Sy proposed use and the best way I explain it I gu the city not going to come after you and just continue and St not do anything and we're just try to figure I'm sorry I don't want to anything up to today so August 27 will be first official Workshop that we held so over

90 days I received 58 phone calls slos within that time frame um some requested specific reasons why some just had concerns wanting to know what it was what it meant for the property what property their grandfather um and so out of out of all those conversations the majority of them are bu but obviously there's some that we haven't heard from um and so that's what these are that's what these uning for Mr Oliver the only change as a um there were also a couple more um similar requests um where persective use and so you have to say respot of more uh to wait until or five maybe that have been that we said like no or not right now to uh so we

another we keep not and it's in the paper and it's every official hearing regarding the zoning ordinance there will be a Citywide notice single property owner um that registered by both tax and then we will send out specific uh letters to property owners and who mayed by ority standards so yes so everybody would Beed by before this Workshop Workshop they not require any any but out but yes so um the draft is posted

that's and any highlighted um I realized that removal did not show up I could post it lines yes soxz and I just have if you just look at city of Texas many people are looking at please everybody let them do what want how many people have a problem or an issue than this you said right yes so four or five notbook everywhere nobody else really come forward to say have problem every person come forward with reest yes and there will be

daysim bring that back up and so it will come with the same uh public hearing format no question and until that until they problem demonstrated all some of these other people that are claiming no idea what they are uh the August uh hearing a workshop that was here at C Center and then we had another Workshop in early October uh so the August one no individual notices were mailed out but there was newspaper and then we decided the October one uh that it would be back to notifi so going for notice that we out letters so apologize that spre we realize that's an issue yeah I realiz

was separate so official hearing not just Citywide notes sent out for every unoficial Workshop as well so I apologize with and I had and coule other very understand conversation everybody was so if you have a problem I suggest that you get a Mee com no more comments just thank you all coming back and notice no there's no action be made tonight this is just a workshop discussion I do want to note that a lot of the concerns that were brought up um with in regard to of the issues that were discussed tonight we are addressing the zoning ordinance as well as part of all of these updates to the ordinances because the zoning is only one piece of the puzzle we have subdivision ordinances that we have to follow as as well as construction design guidelines so those are all being updated as we go through the selling process to make sure that everything is

in compliant so that everything is consistent with each other but there's some things that we don't have the ability to regulate as we are adopted with the current codes that we have so that is why some of these projects that come forward they don't have certain requirements or certain things that they have to be because they are currently not required bu ordinance so that's why we working diligently to try and get these adopted and en so that way all future development will have to comply with the new standards which have the higher standard in place that helps I will say that got report and for the first time in my years that right at 5,000 people inside the city so our little population marker is officially way off so gr is coming to calwell um there's people in this room that I don't know and haven't met um and we may have been here for several years but again we are right at 5,000 people inside the city and so welcome neigh and needed and so again thank you all very much for coming for your input it is Valu and if you do have service Forest at Care thank you a nice

yeah you know you know my son is married going to piure ring she said he knows she may already know time

it was the like City utility bill there's always information all sort news information bill I didn't know thank you the up

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