Planning and Zoning Meeting - Regular Meeting

Yeah, it's uh 6 pm. We can uh we'll call the city of King Planning and Zoning Commission to order at 6 p.m. Looks like everybody's present. So, we have a quorum and uh this time if we could rise u for the invocation and pledge of allegiance. Most heavenly fa uh most heavenly father we ask your blessings on this meeting tonight that we be in accordance with your will and in service to the citizens of Keen Texas. For this we ask in the name of your son Jesus Christ. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay. Um, it [clears throat] is nice to have a full uh seats. Uh, all the seats filled today. Um, I briefly got to at least see our two newest appointees at the council meeting on Thursday. So, that's good that they've been sworn in already. Other than that, I have no remarks. if uh uh city administration and Jonathan or Don have anything they'd like to add.

Sure. Welcome everybody. Thanks for showing up and welcome our two new members. Appreciate you uh giving us a shot and helping out the city. Um we'll do our best to entertain you. Um it was a pretty good weekend with the uh Christmas market. Thanks Gary and Holly and everybody else that put a lot of hard work into that. Um it went pretty well. The parade went pretty well. I don't think anybody died, so that's good. Um yeah, fireworks went off okay. Scared a few people, but other than that, we did good. Um as far as development goes, things are still moving along. And I don't remember if Jonathan mentioned anything about the industrial park.

Yeah. Uh yeah. So I'm not sure because it was still kind of almost there. Um but uh we have began talks to um negotiate the deal for 60 acres in the industrial park. Um so there is a manufacturing company that'll bring when it's all said and done uh initially out the gate around 80 jobs, but when it's all said and done around 180 jobs and good paying jobs um to this community. So that'll generate jobs, revenue, uh sales tax, and it will get our industrial park close to getting filled out. So we've been meeting to work on the infrastructure for that so that we can work that into the the deal with them, but they're super excited to come. The CEO comes from a small town. um really didn't want to go to Fort Worth and so he's glad he's here because he knows that this opportunity is something that will um change the lives for the betterment of small communities. So um so more more to come on that.

Good. Thank you.

Okay. U [clears throat] do we have any yellow cards from persons willing wishing to speak? Okay. If there is no one interested in making any comments at this time, we'll move on into our public hearing. Uh we're holding a public hearing to hear citizens comments and hold a discussion to consider an amendment to the plan development district PD ordinance 2023-665 for Sunset Ridge development regarding masonry requirements. And after the public hearing, the planning and zoning commission may discuss and take action on the item. So, at this time, it's uh 6:05 p.m., we will uh be uh begin the public hearing. Uh is there anybody that would like to speak to this issue or provide background? Sure. I'll give you a little bit of background on it. Um, we've been working with M MKP Development. Um, I want to call him Clint Black again. I is [clears throat] here from MKP Development. Um, and you know, we did the agreement I believe in 2023, I think it was, and then, um, it's been built out phase one. Um, another company that was supposed to build kind of backed out of the deal due to current conditions in the market. Another developer or a builder wants to come in. Um, but they asked about the Hardy Plank sighting. Um, and in the actual PD ordinance, and I did give you a copy of what our attorney had sent just recently, last week I believe, kind of like her opinion on on the whole thing.

Um, so because it wasn't clearly spelled out what masonry is in the actual PD ordinance, it just said 80% masonry. And then when the law changed saying that you can't tell people what they can do as long as it's an approved from the building code, then they can use it. So um, let's see. She wrote in here the PD states as follows. Extern exterior masonary requirements. All residential structures shall be constructed with a minimum of 80% masonry with the remaining non-masonary building interior consisting of fire resistant material to be approved by the city. There is no definition of masonry in the PD ordinance. So it's logical that the definition is the one in the city ordinance which states you can't use fiber reinforced cementious boards. That was done 2000. Does she have that in there?

I don't remember. It's been a while. Unless it's changed. It was done when I was still on the council. So, I want to say it was 11. She's saying that this 2023 language was premised on the 2010 ordinance the city passed regarding building materials.

There you go. Thank you. So uh according to the you know Hardy website Hardy sighting is made of fiber cementous board which is made of a few simple ingredients sand water cellulose fiber sport and cement which is a mixture of limestone clay and gypsum. Uh Hardy's formulation includes proprietary yeah we don't need to go into that. Um, both PNZ commission and city council have very little to do other than to revise the PD ordinance so that it does not violate the dictate of Texas Local Government Code 3000.2 as written, it violates the government code. Um, then it kind of goes into kind of how we got here and all that. So,

and and just to bring Stephanie and Carter up to speed, we we kind of showed pictures at the last meeting, we have those as well. Oh, we still we have them again. Okay, good. So, just so you can kind of see and and the thing that um I brought up last time is that I like it just because the other developments are all kind of brick and rock. And this kind of gives a different a community, you know, um it gives it just a different look, more of a farmhouse look. Um and I did go look at one of the locations in Granberry, and I I think they look I I like it. It gives, you know, more options to people that want to join our community. So, just so you're up to speed.

Yes. So, that's kind of where we are.

Okay. All right. Um, yeah, I know the 86th legislature back in 2019 adopted uh the [clears throat] House and Senate Bill 2439, I think it was known known as, um, to create this Texas government code section 3000-2. Um, [clears throat] so, uh, if there's anybody else that wants to speak to it, uh, pretty much, uh, [clears throat] requires that the city permit any, uh, building materials within the last three, uh, codes of the international building codes. So, um, that, [clears throat] you know, pretty much, uh, spells it out. And uh [clears throat] I'm guessing most of it will be that uh cementious board that uh James Hardy and I guess possibly others make. Um obviously it's not as well I hate [clears throat] to say it's as durable but uh I know there's a structure behind city hall that burned and the stone walls are still there but everything else is gone. So, uh it'll be up to the people [clears throat] building and the people buying, you know, whatever the market will bear. So, um and uh [clears throat] that will be the determining factor most likely. All right. If there's no other comments, [snorts] anybody have any other comments? Okay. All right. So, um, are we making a are we determining a definition or are we using a definition that the state provides or

Well, first need to close the public hearing if there's Okay. nothing else. Nobody else wants to speak to it.

All right. All right. If there's no other comments, uh, close the meeting on the public hearing meeting on at 6:11 p.m. or Yeah. PM. Okay. It's open for discussion. So, what I'm reading is basically the attorney just says we need to just um they say it's a city council decision. Um really a non-decision due to the section that you mentioned 3000.2 02 preempting the city from mandating a percent of mason center requirement. It should be revised to exterior construction requirements. It should simply state what materials the new builder wants to use. That's the attorney's recommendation.

Okay. That sound okay to you, sir? [clears throat] I' I'd sure like to see some houses going up in your development. [laughter]

So, it um [snorts] Does anybody have concerns or Sorry. Is there a motion that needs to be made or do we just do we need to make a motion to adopt this uh what the city attorney provided or

Yes. I I would yeah try to keep it simple. A motion to recommend that the uh city council change where is that? Yeah, it should be, you know, the city council change it the uh exterior construction requirements should simply state what material instead of saying 80% material or masonry if that makes sense. [snorts]

Okay. Um um so uh basically we're looking for a motion to revise um ordinance 2023-665 specifically section 1.10 uh [clears throat] to be defined as Exterior construction requirements. Is that does that make sense?

Yes. And then Hardy Hardy Plank, is that what they're going to call it? Hardy board or Hardy Plank would be an acceptable.

Okay. So, um, [clears throat] so if there's a motion to revise ordinance 2023-665, specifically section 110 to, uh, read exterior construction requirements, uh, consisting of Hardy board. I'll entertain it at this time. I'd make a motion that we uh include Hardy Board in the in the um ordinance 2023-665. Where did you see the section? Sorry. second page on the train brief. [snorts]

Okay. On 1 section 1.10 uh to include Hardy sighting. Okay. Is there a second? I think that's acceptable. I'll second. Okay. Good job, Gilbert. I'm proud of you.

All right. A motion has been made and and by Gilbert Perez and seconded by Chris Rhodess to um amend the uh [clears throat] ordinance 2023-665 section 1.10 to include exterior construction requirements. um u similar to or equal to Hardy [snorts] board. Okay. All those in favor, please raise your hand. Got there's no opposition. So, the motion passes. Okay. All right. Next item on the agenda is to uh review minutes from the November 21st meeting.

Yes, sir. Typically, if you weren't at the meeting, it's a little difficult to verify the minutes, but uh those that were present, uh if uh there aren't any issues with the minutes as presented, I'll accept a motion to accept them. I make a motion for Gilbert to make a motion. Okay. Uh I make a motion to move the minutes of the regularly scheduled planning and zoning commission meeting held on November 21st, 2025 to be approved as presented.

All right. Is there a second? A second.

Okay. Motion's been made by Chris Rhodess and seconded by Gilbert Perez to uh accept the minutes of the regularly scheduled planning and zoning commission meeting held on November 21st, 2025 as presented. All those in favor, raise your hands. Okay, motion passes. Five four. Okay, that says uh 6B would be receive an update from staff on the resilient communities program grant. Is there anything

um th this won't take too long. This is like I said just an update. So we have not we need to set so the grant administrator um we still need to set with Thanksgiving everything. We just haven't been able to. But we need to set up set up a kickoff meeting which will outline kind of the objectives and you know how how we're going to award and what what areas do we need to get bids and who are we going to get to help us you know outline and get everything you know that the scope of this. So so really the only update is is I still need to have a kickoff meeting. Is there a workshop or town hall or

Well, uh, initially it'll just be with a grant administrator that kind of outline how how these typically go. Um, you know, we will we would like to, you know, potentially form, you know, there's been talk of having a committee and all those things, but um, anyway, so until I have that meeting with him, I've never done anything like this before. So, um, and like I said, the holidays and just everything has been going on has just kind of slowed it up a little bit. So, that's on me. But, and [snorts] this is like the 250 something,000.

Yeah, $250,000 grant that has no match. And the goal when this grant is over is to have um complete updated maps on where all utilities are, where everything is under the ground. Um uh they do street studies um uh migration studies so that instead of it just you know complaining about four street they give us an actual you know this is this is all the the way the rating of all the different roads and this is based upon where you know people are moving and everything else. these are the roads that need to be addressed first. And so it actually gives us an outline as to you know what we need to fix first. Um you know rather than you know just going off of what social media says. So yeah it'll actually give us an actual outline.

Okay. [snorts] Very good.

All right. Um there's no uh need for an exe executive session. Uh, we can skip number seven. Number eight, and u [clears throat] number nine is request for future agenda items. I know our two newest members will I don't know what we have in the way of a workbook or workshop that we could provide them, but uh if that's something that we need to look into, I guess we can put it on a future agenda. Quick question. Are we working on um an update to that section 154.40 to change that to come into compliance for our code book to get rid of the exterior requirements?

Yeah, we're actually, excuse [clears throat] me, working on a lot of our ordinances. Things have changed. Yes, it's still in the infancy stage though. Um, but our attorneys will help us kind of draft that out with the the new language. [snorts] But yes, there's there's a lot that needs to be done. And if you have any more, shoot me an email and I will add it to our list. Can I go on record and say I'd like to keep the speed bumps on Fourth Street to for the safety of the children that walk down that. [laughter]

As far as that goes, we do, you know, beboard Right. We need one more public hearing for that sidewalks. Yeah. I meant on my end of four street because there's if you go down there there's lots of marks where the cars hit it. Slows them real slows them down real good. I hear it every day. You can hear I'm sitting in my office at the bottom and I'm like and you know the majority of that street is only 20 miles an hour during school anyway. So, but

which is a good speed in my opinion. I think 25 is like max in the neighborhoods but unfortunately ours is 30. No, it doesn't.

But, uh, the board did approve $200,000 for more sidewalks. Um, I'd have to go back and look at my notes on what area they kind of wanted. I know some of it was to continue up four street some, at least to South College for now, and then the rest was down Eastern to PCON and yeah, building out from the schools. Continuing to build out from the school locations.

Um,

it's probably 20 to $30,000 for a a small block if it's relatively flat and there's not a lot of trees and, you know, not a lot of elevation changes and things like that. So that's that's kind of the challenges with that. Um because there's some areas that need it more, but there's utility poles and trees that are 100 years old and um you know, some of the some of the lots sit lower than the street, some of the lots sit a lot higher than the street. So there need to be retaining walls and you know, so those would eat up the money quick. So that's why we kind of came to them with what we thought was the most economical and get us the most linear footage for our buck.

Okay. Anything else you can think of? No. All righty. All right. Well, there's [clears throat] no other Think about it there. You can if you think of something, email us. We'll add it. Okay. If there's no other uh [clears throat] discussion, I guess we can adjourn the meeting. It's uh time is 6:25