Planning & Zoning Board - Regular Meeting

Let's get started.

YouTube is thinking. I can call the meeting to order. Start with roll call. Okay. Espinosa here. Graham here. Kudel here. Jackson here. Randall here. And And Anderson and Miles are absent with notice. Look for a motion to approve tonight's agenda. I'll make a motion to approve the agenda. I'll second. Oh, go ahead. Have a motion and a second to approve tonight's agenda. All in favor say I. I. I. Opposed. For approval of the minutes from our regular meeting on December 9, 2025. I would make a motion to approve the December 9th, 2025 meeting minutes. Second it.

Motion to second to approve the minutes of the regular meeting on December 9th, 2025. All in favor? I I opposed public comments. Chairs are empty and chairs don't speak. Old business, we have Oh, excuse me. Hearings. Oh, no. We're not at 705 yet. Old business, we have none. Mr. Clark, got a couple minutes to hear from you, please.

All right. residential, we have eight open single primary house permits and two twin home permits. Um the wastewater facility um we did a checklist and I'm working with public works on getting that down to zero. Quick trip or quick start quickar. Okay, we're going to go start in this town. Um the permit was input and Kyle wasn't sure if they actually paid or didn't actually paid paid. Good. That was good. Have a permit. So, that's good. Nice.

Um, it's sort of commercial residential. You know, right now down here in the old bank building, they put some residential apartments above there. We've done a premium inspection. I think I mentioned that one before. So, and the parks guys are and women, I guess, are building the little um restaurant. I mean, restroom, not just restaurant.

Restaurant down here. It's, you know, it's cold. this logo on uh 1205 North Oaks that we did a frame inspection and then a 1095 Brew Trail which I knew next to you. I talked to the owner and they're doing some inside trade work. So, um he's not ready for a final is the it's an addition to the house right on South Main down here on the curve by by Turtle Creek. Is that is that a full B is there a full basement in that addition? Oh, on Main Street. No, it's Slab on grade. Is it slab on grade? Okay. I couldn't tell when footings went in, but yeah.

I haven't seen Dave to ask him, but I was going to say, you're not you're building a swimming pool cuz Well, and that lot they put into one is in the flood plane. So, you know, if you put a basement, you'd have to build it up way high because you got that lowest floor. So, yeah. Well, because when Hawk lived there, they complained about having drainage issues when Hawk lived to the east of there. Oh, sure. Yep. I believe it. So, I was I was just curious on that. So, were we also going to get an update on the house that was condemned and then deconded?

Yeah, Kyle's working on the um I've not been over there and dealt with Mr. Baker. So, um we can get you a report from from Kyle. I maybe should send an email to I think he knows I think he next time he was here he was going to give that to you cuz we talked about it last meeting yeah I thought we were going to get updated this meeting yeah that's what I was thinking too so ask to put something together and get an email out to us from the outside you're not seeing much progress

what did you say last time they've done some inside work but I don't say you don't see them over the not during the day anyway Obviously, you have a job, but I don't see over there either, but I I haven't been inside it either, so I don't know for sure. And then there Paul, there's a tan house on the south side of first right across from depending on how long you've been around here, the old Catholic church or the Kinsley funeral home. Yes. Do southside.

Do we know is that still occupied? Is it inhabited? Where are we at on that? There's somebody renting that place. It looks pretty bad from the outside. Yeah, I think is it on the corner? Yes. It's looked bad for 20 years. It's looked bad for But it's looking Yeah, it's looking even worse now. Um I think at at the very least I'd like to see you do a driveby on it and see if there's concerns that you need to look further into it. Structurally, it's not looking extremely healthy from the outside anymore.

I think at one time they had a bunch know they had a porch that fades the west side and they had a bunch of broken windows at one time. They're so gone on them about that. Well, fixing them, they just put that plywood over them or whatever. I don't think it's real siding or whatnot, which makes you worried if they're bedrooms or something on the inside. They have to egress. and the detached garage. The door is it's up one day and then it's falling over on their truck the next up one day. So that's just one of those. I think it's Yeah, I think it could be used a drive by at the very least, please. Okay.

Any other comments or questions for Mr. Clark? We will move into our 705 public hearing. Do you proposed updates to the subdivision regulations, Teresa?

So, basically, this is what we discussed at our last meeting. Um, it's mainly the wording about the open space contribution for developers. Um, the whole subdivision regulation I included in your packet. We had previously last year talked about a few just minor wording changes and I just highlighted those in yellow. Those were we all agreeable to and we decided to pass them. But we waited on this open space contribution that is highlighted in blue. Um like I said we talked about the last meetings the requirements for developers. No, this is the exact same verbiage that was in your packet last time that we decided to go with. So nothing's been changed from that. It's just been added into the ordinance. So um per codified law, we have to hold a public hearing on it. see if there's any public comments on it and you guys make a recommendation either to you know because it is an ory to recommend to approve it to the city council or deny it because then we'll move on to the city council at their meeting next week. So I guess any questions like I haven't changed anything.

End of paragraph one. Mhm. I think you have a typo. I think it should be preliminary plan not preliminary plat. Oh of the of the whole ordinance? No. of the wording of the this blue this blue wording. Oh, okay. Um, but hopefully I got it right in the actual ordinance cuz all land dedications will be plain approval of the preliminary plat. It should be plan. Yes, we were saying. Okay, good. Great. Not any big deal except that I can see somebody going. Yep. Pulling it out. Yep.

Oh, well then. Yeah. So, nope. Nope. I got you.

Anybody else see anything else? I was reading through on the the monetary contribution and there's in my mind it's a little bit there's I don't know if it's vague or it's not but it says the contribution should be equivalent to the value of well there's another typo of of a should just be the value of 5% of their total development plan contributions calculated at the fair market value at the time of contribution. And my question is if they haven't done if they haven't done any development on it yet, then it's still would be market value of bare ground

bare ground and alone. Yeah, we kind of talked about that. But if they have already started developing i.e. putting in infrastructure or even doing grading for that matter there's value that changes the value of that land because now it went from bare undeveloped to developed ground. How are we going to handle that at time of contribution thing? Well, and they got a year to pay that. So it's to their benefit to pay it right away when it's still bare ground before they develop it or I well it goes

we can have an agreement that this is x amount of dollar you know we we're going to value your ground now you're going to pay x amount of dollars it's due in a year so I think it's all going to happen around the in my mind the preliminary plan time frame we're going to decide is it going to be land is it going to be money and if it's going to be money what's that value I in my mind that makes sense if they're yeah if they're pro if they're providing ground that ground should be in the preliminary plan

right because they show they have to have it in the preliminary plan yeah so so that's got to be upright in the preliminary plan and if they're not going to provide ground then I think the discussion is okay you're going to do monetary values So what's that amount going to be? So I think it should be in my mind should be handled right away on the forefront. I I agree. But we're saying that it's monetary value at time of contribution. Mhm. So there could be so should that be said that I I don't know what the right wording is, but we're I guess we're

the monetary value at the time of approval of the preliminary plan. Should it should everything just be contingent on approval of the plan? Maybe. Cuz I say my my thought goes on this is okay, the preliminary plan gets approved November 15th of 2026 or January 1st of 2026 or, you know, sometime in the winter time, right? So, their preliminary plan is approved and as soon as spring breaks, they're going to work developing. Mhm. And by the time that their one year is up where they have to make the contribution, it'll have a higher value.

They they could have all their streets and infrastructure and everything all in and that ground is a lot higher value. Right. So, in the last two sentences of that third paragraph, then maybe we need to have something in there that will go out when they're like we'll have to have it appraise when they're ready to pay. Well, that's only if they're paying with cash because if they pay with land, correct? That's done at the very beginning. That's in the second paragraph. Well, I think to just change it. Um, it's calculated at the fair market value instead of at the time of contribution. at the bare market at the time that the preliminary plan is approved. I can go with time, right? Yeah. But but if they start doing infrastructure already and they can't they can't

they can't do it until the plan is approved. The preliminary plan has to be approved. Won't the land be worth more once they start working on it? It will be, but they can't start working on it until the preliminary plan is approved. So if we change it to be monitor like tric that's because that's where I was at Troy is if they working on it it goes up in value right how do we figure out the value but I think trace you probably hit it rather than a time of contribution it's a time of preliminary plan approval and we're letting the developer because our whole discussion was that

we don't want to charge them for you know um developed land versus lamb, you know, we want to keep it low enough that egg value price. So, so, you know, it doesn't put a big burden on them, you know, it's still more than the $1,000 an acre, you know. Yeah. Yeah. I mean, I would love I would love to Yeah, that that makes sense to me. Charge him 5% of the land value after it's been developed, but that's kind of So, can we review there's this preliminary plan then? Is there like an intermediate plan and finally a final plan or an approved plan? No.

Is there just a preliminary plan that gets approved and that's it? Then from from that point on um everything after that is when they're plotting, right? They're plotting out the lots. So they have the plan, they can they can make minor changes within the plan. Mhm. Um but if there if any of their changes require a difference in zoning, right? Because the preliminary plan will significant change the preliminary plan that we that gets approved has the proposed zoning for that area.

Okay. So let's say they they zone the whole thing for residential on the preliminary plan and then as they get developing, they're going into it. All of a sudden they're like, "Oh, this should we put should put a strip of commercial along Highway 38. I'm just going to use Zacharias's place here as an example. They say, "No, we want to do that." They have to come back to reszone that property cuz we will have approved it for all residential. If they want to change the use at all, then they have to come back in and get that zoning changed. But the plans don't there's no steps to go. The preliminary was just hanging me up. Yeah. Why use the word preliminary? I had the same thing when I started. Just called it the plan. Yeah. Why is it

Why is it the preliminary plan? Yeah, there should be a final plan if there's a preliminary. Yeah, but yeah, Tony is right. You know, any like changes in zoning along the way or major changes need will be coming before this board anyway. So, that's where have a little control over it. Otherwise, in all essence, they should be following their preliminary plan. Yeah. And their preliminary plan calls out all their drainage plans and all that kind of stuff. But then is every property depending on the property. If it's residential, typically the engineers don't look at any drainage plan on it. But if it's commercial and any size and significance, then the builder has to submit their drainage plans. Yeah.

So that they can be approved that things are going to drain like it's supposed to and not be a problem. So good. Okay. So consensus we should change that. Yep. Yep. Then we'll just have a read. The contribution should be equivalent to the value of 5% of the total development land contribution calculated at the fair market value at the time the preliminary plan is approved. Yes. Okay. Yep. That makes sense to me.

Yeah, that could have been a little bit of hangup there. Anyone find anything else or have any other concerns? You were going to change that plat plan.

Yep. I'll change that previous.

So, do we need to go through this again or can we make a motion to accept? We can we can make a motion to because we're just recommending approval or denial, right? Even if we would say we would vote no, we don't want to do this, it still goes to the council, right? So, it would just be a motion to approve the proposed wording because we just did the proposed wording. Yep. If you'd like to end up and then you have to put in there that you send it to the city. Nope. We're just we're we're you're just recommending approval of

motion recommend approval of the proposed wording to the city council and the proposed wording won't be changed at city council. Okay. Help me with the motion. I'll make a motion to approve the changes that we just talked about. And I hope you got them written down. Yep. Before we send it to the city council. Do do we have a second? I'll second. Okay, we have a motion and a second. I'll clean up the motion by saying recommend city council approval of proposed wording for open space contribution in the subdivision regulations. Public space. Public space. Open space. open space.

I hope you're writing every single one of those down. If she'll just review it on the table tomorrow. Yep. That's Do we have any further discussion? If not, we'll vote. Jackson, yes. Graham, yes. Poodle, yes. Espinosa, yes. Randall, yes. No business. Teresa, do you have anything to add to your report?

Um, nothing really to add. Just give you a quick little update uh where we're at with the Windsor TIFF. Um, they have submitted a development agreement. Um, just a draft that has gone to the our city attorney. He looked at it. Um, asked for a couple of changes. It's back now in their attorney's hand. Talked to him today to see if we would have something for the city council meeting on Tuesday. They're still having all their partners look at it and okay it. So it'll probably go to the second meeting in January at the city council. So I don't have a final drafty and I just reloaded but that's where we're sitting at with the Windsor tip anyway. So probably be the second meeting in January. Hopefully it all gets approved and we're done with that one. So, but otherwise um you got to size what I have in mind.

Good reminder of the uh Christmas party on the 16th. I know Stacy he cannot make it. So, if you guys have an RSVP to Jenny and she'll be reaching out to you next week or so. Okay. My last one. The last one. Mr. Jackson.

Actually, I told See, I told my wife that I wasn't going to get a picture taken, so I wore sweatpants. You're right. We're homies. I won't stand next to you since we beat you last night.

Get out of this microphone. I told you. I know. Nice. Thanks for all your work. I told her I she was going to have to present it because I I I told my wife I said I think Tony make me come to the um kind of on that note um I don't know if the mayor has a new appointment yet to fill your spot. I think you've been conversing a little bit with him. So for one very strong candidate I think we're going to get Thanks. Good. So yeah. So hopefully I made my one. I'm tough to get along with. I get along with him. Check it out. Stick up in my area. Oh, that's good.

Right now, if we get that candidate, it'll be from that that part of town. Nice. It's tough to fill shoes. Him and I had a good thing going. I trained you in right the honors for his last. Okay. Usually he's nudging me. I I usually do but I thought last week so I'll make a motion to adjurnn. I'll second it. Have a motion and second to adjurnn. All in favor? I opposed. Meeting adjourned. Thank you very much for all your work on