* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] FOR OUR MEETING. [1. CALL TO ORDER ] THEY WERE ARRIVED. CALL THIS MEETING TO ORDER. THIS IS THE APRIL 3RD, 2024, REGULAR MEETING OF THE SHERTZ PLAN AND ZONING COMMISSION. ITEM NUMBER ONE WAS THE CALL [2. SEAT ALTERNATE TO ACT IF REQUIRED ] TO ORDER. ITEM NUMBER TWO IS THE SEAT ALTERNATES. UH, WE HAVE, UM, MS. CRAIG, RIGHT? I'LL GET IT. I'LL GET IT. UM, ITEM NUMBER THREE, HEARING A RESIDENCE. ANYBODY SIGN UP? NOPE. NO EMAILS. NONE? NO. OKAY. [4. CONSENT AGENDA ] ITEM NUMBER FOUR IS OUR CONSENT AGENDA. THERE'S A SINGLE ITEM ON THAT TONIGHT. FOUR A IS THE MINUTES FROM THE MARCH 6TH, 2024 REGULAR MEETING. UH, THERE'S NO DISCUSSION ON CONSENT AGENDA. THE COMMISSIONERS, DO WE NEED TO PULL THOSE FOR ANY DISCUSSION? IF NOT, CAN I HAVE A MOTION TO APPROVE? I DON'T HAVE THE NUMBER. MOTION TO APPROVE OUR CONSENT AGENDA. SECOND. ALL RIGHT. WHERE'D THE SECOND COME FROM? OKAY, SO I HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA. THERE'S NO DISCUSSION. PLEASE RECORD YOUR VOTES. OKAY. I SEE SIX VOTES. CAN WE PUBLISH THAT? WE HAVE SIX AYES. NONE OPPOSED THAT MOTION PASSES. [5. PUBLIC HEARING ] ITEM NUMBER FIVE IS A PUBLIC HEARING. WE HAVE TWO OF THOSE THIS EVENING. THE PLAINTIFF AND ZONING COMMISSION WILL HOLD A PUBLIC HEARING RELATED TO ZONE CHANGE REQUESTS, SPECIFIC USE PERMIT REQUESTS, AND UNIFIED DEVELOPMENT CODE AMENDMENTS. WITHIN THIS AGENDA, THE PUBLIC HEARING WILL BE OPEN TO RECEIVE A REPORT FROM STAFF, THE APPLICANT, THE ADJOINING PROPERTY OWNERS AFFECTED BY THE APPLICANT'S REQUEST, AND ANY OTHER INTERESTED PERSONS UPON COMPLETION. THE PUBLIC HEARING WILL BE CLOSED. THE COMMISSION WILL DISCUSS AND CONSIDER THE APPLICATION AND MAY REQUEST ADDITIONAL STAFF FROM INFORMATION FROM STAFF OR THE APPLICANT IF REQUIRED. AFTER DELIBERATION, THE COMMISSION IS ASKED TO CONSIDER AND ACT UPON THE FOLLOWING REQUESTS AND MAKE A RECOMMENDATION TO THE CITY COUNCIL IF NECESSARY. ALRIGHT. SO WAS THERE SUPPOSED TO BE A FIVE A? NO. OKAY, YOU'RE JUST MESSING WITH AN OLD MAN HERE, AS YOU KNOW. OKAY, . ITEM FIVE B THEN IS PLZC 20 24 0 0 4 0. HOLD PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY ONE POINT ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT TO SINGLE FAMILY RESIDENTIAL SLASH AGRICULTURAL DISTRICT, KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 0 8 3 8 5, ALSO KNOWN AS 1 2 3 9 6 SHAFER ROAD, CITY OF CHURCHS BEXAR COUNTY, TEXAS. YOUR HONOR, 0 0 4 0 ZONE CHANGE FROM PRE-DEVELOPMENT TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA DAISY MARQUEZ PLANNER. HERE IS THE SUBJECT PROPERTY OUTLINED IN GREEN. THIS IS SCHAEFER ROAD IN THAT LITTLE BEND THAT IT COMES INTO. IT IS CURRENTLY PRE-DEVELOPMENT AND WHAT IS BEING PROPOSED IS SINGLE FAMILY RESIDENTIAL AGRICULTURAL. AND JUST TO HELP ORIENT YOU, UM, 1518 IS THIS WAY. SO TO THE NORTH WE HAVE SOME PROPERTIES WITHIN THE CITY OF URS EX EXTRATERRITORIAL JURISDICTION, AND IT'S SINGLE FAMILY TO THE, TO THE SOUTH. WE HAVE THE REST OF THE PROPERTY ZONED PRE-DEVELOPMENT TO THE EAST. WE ALSO HAVE THIS LARGE PROPERTY ZONE, PRE-DEVELOPMENT, AND IT'S STILL IN DEVELOPED. AND THEN TO THE WEST, WE HAVE SHAEFFER ROAD, WHICH IS RIGHT AWAY OUR MARCH 20TH, 2024. WE SEND A TOTAL OF 10 PUBLIC HEARING NOTICES TO EVERYONE WITHIN THE 200 FOOT BUFFER. WE RECEIVED ZERO IN OPPOSITION, SEVEN IN FAVOR AND ZERO NEUTRAL. AND ONE SIGN WAS POSTED ON THE PROPERTY. SO KIND OF JUST LOOKING AT THIS PROPOSED ZONE CHANGE, UDC SECTION 2154 STATES THAT A ZONE CHANGE IS REQUIRED TO ESTABLISH THE USE OF LAND AND THE DEVELOPMENT ASSOCIATED WITH THE PROPOSED ZONING CLASSIFICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING SOUND STABLE AND DESIRABLE DEVELOPMENT. THE PROPOSED ZONE CHANGE TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA FOR THE LETTER OF INTENT IS FOR THE APPLICANT TO PULL FUTURE BUILDING PERMITS. SO AGAIN, WHEN WE GO THROUGH ZONE CHANGES, WE LOOK AT OUR CRITERIA FOR APPROVAL SEEN IN UDC SECTION 2154 D, AND UM, [00:05:01] WE ARE USING THE NEW COMPREHENSIVE LAND USE PLAN AMENDMENT. SO THAT'S WHY IT LOOKS KIND OF DIFFERENT. UM, ONE, WHETHER THE PROPOSED ZONE CHANGE OR ZONING MAP AMENDMENT IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP, THE PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA DOES IMPLEMENT THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN. THE COMPREHENSIVE LAND USE PLAN CLASSIFIES THE SUBJECT PROPERTY AND AREA AS COMPLETE NEIGHBORHOOD. THE INTENT OF COMPLETE NEIGHBORHOOD LAND USE DESIGNATION IS A GENERAL AREA CHARACTERIZED BY A MIX OF HOUSING OPTIONS WITH SUPPORTING LAND USES. BUT WHEN CONSIDERING THE APPROPRIATENESS OF HOUSING DENSITY FACTORS SUCH AS ROADWAY CLASSIFICATION AND CONFLICTS AMONG LAND USES SHOULD BE CONSIDERED THE PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT. RA IS COMPATIBLE WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATIONS AS PER STATEMENT OF PURPOSE AND INTENT FOR BDC SECTION 2155. THE INTENT OF THE SINGLE FAMILY RESIDENTIAL AGRICULTURE DISTRICT RA IS TO PROVIDE A DISTRICT SUITABLE FOR MINIMUM HALF ACRE LOTS WHERE DEVELOPMENT MAY BE PREMATURE. THE SURROUNDING PROPERTIES INCLUDE SINGLE FAMILY HOMES AND SOME AGRICULTURAL USES THAT ARE WITHIN THE CITY OF SHORTS. EXTRA TERRITORIAL JURISDICTION WITH SOME STILL MAINTAINING PRE-DEVELOPMENT DISTRICTS SINCE THEIR ANNEXATION. TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND THE SAFE, ORALLY EFFICIENT AND HELPFUL DEVELOPMENT OF THE CITY AS PART OF PROMOTING HEALTH, SAFETY AND GENERAL WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS. THE CHOSEN SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA DIMENSIONAL AND DEVELOPMENT STANDARDS. AS STATED IN SECTION 2157 A OF THE UNIFIED DEVELOPMENT CODE ARE COMPATIBLE WITH WHAT IS IN THE SURROUNDING AREA. AND AS YOU CAN SEE HERE, UM, FROM THE DIMENSIONAL REQUIREMENTS, IT REQUIRES HALF AN ACRE FOR RA THREE. WHETHER THE USE IS PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED. YES, THE PERMITTED USES AND SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA ARE APPROPRIATE WITHIN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED. THE PURPOSE AND INTENT OF SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS TO PROVIDE AREAS IN WHICH AGRICULTURAL LAND MAY BE HELD IN SUCH USE FOR AS LONG AS PRACTICAL AND REASONABLE WITH MINIMUM HALF ACRE LOTS, AND WHERE DEVELOPMENT MAY BE PREMATURE DUE TO LACK OF UTILITIES CAPACITY OR SERVICES AS PER UDC SECTION 21 55 4. WHETHER THE PROPOSED CHANGE IN ACCORD WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOL STREETS, WATER SUPPLY, SANITARY SEWERS, OR OTHER PUBLIC SERVICES AND UTILITIES TO THE AREA. THE ENTRY PORT FOR THE SUBJECT PROPERTY IS ON SAFE SCHAFER ROAD. SCHAFER ROAD IS A SECONDARY ARTERIAL WITH A 90 FOOT RIGHT OF WAY, UH, TO THE SOUTH OF THE SUBJECT PROPERTY. RALPH BURNETT IS A PLANNED SECONDARY ARTERIAL WITH A PLAN 90 FOOT RIGHT OF AWAY AND IS ALSO THE PLANNED EAST AND WEST CONNECTOR OF THIS AREA. THE SUBJECT PROPERTY IS CURRENTLY SERVICED BY THE CITY OF SHIRTS FOR WATER. A PUBLIC HEARING NOTICE WAS MAILED TO THE SHIRTS BOWL, UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT TO NOTIFY THEM OF THE PROPOSED ZONE CHANGE. AND WE INCLUDED WITH THIS AGENDA ITEM ATTACHMENTS OF THE MOST RECENT DEMOGRAPHIC REPORT THREE Q 23 FOR S-C-U-C-I-S-D, AS WELL AS THE MOST RECENT TENURE CAMPUS FORECASTING PRESENTATION. THE CITY OF SHER'S POLICE, FIRE AND EMS DEPARTMENTS HAVE INDICATED THAT THEY DO NOT HAVE ANY CONCERNS REGARDING THE PROPOSED REZONING REQUESTS OR THEIR ABILITY TO PROVIDE SERVICES. FIVE, WHETHER THEY HAVE BEEN ENVIRONMENTAL AND OR ECONOMICAL CHANGES WHICH WARRANT THE REQUESTED CHANGE. SO WHEN THIS PROPERTY WAS ANNEXED, THE PROPERTY WAS ESTABLISHED AS PRE-DEVELOPMENT DISTRICT, ALSO KNOWN AS PRE. AND THE INTENT OF THE PRE-DEVELOPMENT DISTRICT IS TO BE A TEMPORARY DESIGNATION FOR EXISTING USES OR ANNEX PROPERTIES. THE APPLICANT WOULD LIKE TO PULL BUILDING PERMITS FOR THEIR HOME. AND SINCE PRE-DEVELOPMENT DISTRICT IS SIMPLY A PLACEHOLDER, A ZONE CHANGE IS REQUIRED FOR THE APPLICANT. SO ESSENTIALLY THE APPLICANT TRIED TO BUILD BUILDING, BUILDING PERMITS AND UM, THEY CHECKED THE ZONING, YOU KNOW, TO SEE IF IT'S APPROPRIATE OR NOT FOR WHAT THEY'RE PULLING. UM, THEY WERE KIND OF STOPPED IN THEIR TRACKS BECAUSE OF THE PRE UM, DESIGNATION AND THEN THEY CAME IN AND THEY, THEY'RE GOING THROUGH THE RIGHT STEPS TO MAKE SURE THAT THEY CAN PULL THEIR BUILDING PERMITS. SO SIX BROTHERS IN ERR IN THE ORIGINAL ZONING OF THE PROPERTY FOR WHICH THE CHANGE IS REQUESTED. THERE IS NO ERR IN THE ORIGINAL ZONING OF THE PROPERTY. THE PROPERTY HAS BEEN PRE-DEVELOPMENT DISTRICT SINCE IT WAS ADDED IN THE CITY OF SHE IN 2011 WITH ORDINANCE 11 8 22. AND WHETHER ALL THE BLACK APPLICANT'S BACK ACTS TAXES OWED TO THE CITY HAVE BEEN PAID FULL, THIS DOES NOT IMPACT THE PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL A. WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT IN CONSIDERATION OF THE AMENDMENT STAFF HAS ENSURED ALL UDC REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONE CHANGE. AND AT THIS TIME DO NOT HAVE, HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FROM [00:10:01] THE PLANNING ZONING COMMISSION OR CITY COUNCIL. AND WITH THE, AND WITH THAT, THE PROPOSED ZONE CHANGE TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS COMPATIBLE WITH THE COMPREHENSIVE LAND PLAN IS APPROPRIATE WITHIN THE MEDIA AREA OF THE SUBJECT PROPERTY. THUS, STAFF IS RECOMMENDING APPROVAL OF PLZC 2 2 4 0 0 4 0, ANY COMMENTS OR QUESTIONS? AND, UM, THE HOMEOWNER IS HERE, UM, IF YOU HAVE ANY QUESTIONS SPECIFICALLY FOR HIM, BUT I CAN ALSO ANSWER THOSE. ALRIGHT, THANK YOU. DOES THE APPLICANT WISH TO ADDRESS THE COMMISSION? IT'S NOT REQUIRED, NO. OKAY. ALL RIGHT. THIS IS A PUBLIC HEARING AND IT IS, UH, 6:10 PM I'LL OPEN THAT FOR PUBLIC COMMENT. ANYONE IN THE, UH, IN THE AUDIENCE WISHING TO ADDRESS THE COMMISSION ON THIS TOPIC IS WELCOME TO STEP FORWARD. IT'S GONNA BE AN EASY ONE, HUH? NOBODY? ALL RIGHT. YEAH, I'M STALLING. SO IT WILL GET, THE CLOCK WILL CLICK OVER TO SIX 11. ALRIGHT. UH, IT SEEMS LIKE NO ONE IS INTERESTED IN COMMENTING. IT IS NOW 6:11 PM AND THE PUBLIC INPUT IS CLOSED. COMMISSIONERS COMMENTS OR QUESTIONS? I, I FOUND THE, UM, SCHOOL DISTRICT, UM, PRESENTATION TO BE VERY INSIGHTFUL AND, UH, FULL OF REALLY GOOD INFORMATION. UM, IT MIGHT BE NICE, UH, BECAUSE IT'D BEEN A LONG TIME SINCE WE'D SEEN, I KNOW THEY DO THOSE PERIODICALLY AND MAYBE IF WE COULD LOOK AT ONCE A YEAR, MAYBE IF SOMEBODY FROM THE SCHOOL DISTRICT WOULDN'T MIND COMING OVER AND, AND GIVING US THAT PRESENTATION. SO, BUT THANKS FOR INCLUDING THAT BECAUSE THAT, THAT, THAT WAS, UM, I DON'T THINK IT HAD A WHOLE LOT TO DO WITH THE TOPIC TONIGHT, BUT IT WAS GOOD INFORMATION. SO, SO I'LL JUST SAY CHAIRMAN OUTLAW, YOU'LL SEE THOSE PRESENTATIONS ON EVERY RESIDENTIAL REZONING MOVING FORWARD. SO THAT CHANGE ALONG WITH THAT SPECIFIC STATEMENT ABOUT THE EMERGENCY SERVICES. YEAH. UM, NOT HAVING CONCERNS, THAT'LL BE, UM, MOVING FORWARD ON EVERY RESIDENTIAL ZONING. THAT'S 50 SOME PAGES YOU'RE GONNA OKAY. EVERY TIME. AND REAL QUICK, JUST A, A QUESTION AGAIN ON THE, UM, MEMO ITSELF, WE DON'T, UH, WE DON'T INCLUDE THE APPLICANT'S NAME ANYMORE ON THAT MEMO. WE, WE HAVE MOVED AWAY FROM THAT. SO IF YOU'LL SEE THE, UM, KIND OF IN THE LAST TWO MONTHS, THREE MONTHS MAYBE WE'VE KIND OF REDONE THE FORMATTING FOR ITEMS THAT COME TO THE PLANNING AND ZONING COMMISSION AND IT EXACTLY MIRRORS THE CITY COUNCIL RESOLUTIONS NOW. OKAY. YEAH. THANK YOU. ANYONE ELSE? ANY COMMENTS, QUESTIONS? NOBODY OUT THERE THROWING ROCKS AT US TONIGHT? THIS IS NICE. WELL, IF, UH, SO WHAT WE'RE LOOKING FOR, UH, THIS AGAIN IS A RECOMMENDATION TO CITY COUNCIL. THEY HAVE THE FINAL SAY. UH, WE DO THE KIND OF THE PRELIMINARY DISCUSSION AND SCREENING AND THEN WE MAKE A RECOMMENDATION FOR, UH, FOR THEIR ACTION. SO IF SOMEONE WOULD LIKE TO MAKE A MOTION TO EITHER APPROVE OR DENY PLZC 2 2 4 0 4 0, I MAKE A MOTION TO APPROVE PLCC 2 2 4 0 4 SECOND. ALRIGHT, AND A SECOND FROM KIM. NOW LET ME MAKE SURE, 'CAUSE I MAY HAVE MISSPOKE. THIS IS A RECOMMENDATION TO APPROVE. MM-HMM. , CORRECT. YOU GOOD WITH THAT? YOU'RE GOOD WITH THAT? OKAY. , THAT'S WHAT YOU SAID. NO, BUT I, I KNOW I SAID DOES SOMEBODY WANNA MAKE A MOTION TO APPROVE IT, I THINK IS WHAT I SAID I DID, YOU KNOW. UM, ALRIGHT, ANY, ANY, ANY FURTHER DISCUSSION? UH, AGAIN, AN I VOTE IS TO, TO RECOMMEND APPROVAL OF THIS ACTION ITEM. SO PLEASE RE RECORD YOUR VOTE. ALRIGHT. SIX VOTES ARE, ARE IN. CAN WE PUBLISH THAT PLEASE? AND THAT IS SIX IN FAVOR. NONE OPPOSED. SO WE WILL MAKE THAT FAVORABLE RECOMMENDATION TO CITY COUNCIL. THANK YOU. ALRIGHT, UH, ITEM FIVE C IS ANOTHER PUBLIC HEARING. PLZC 20 24 5 HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY THREE ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT TO SINGLE [00:15:01] FAMILY RESIDENTIAL SLASH AGRICULTURAL DISTRICT, A PORTION OF BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 0 8 4 2, ALSO KNOWN AS 1 1 6 2 7 PASS. CITY OF SHEZ, TEXAS, WELL BEAR COUNTY. YEAH. ANYWAY, BEAR COUNTY. OKAY, YOU'RE UP AGAIN. PLZC 2 24 0 5 0 ZONE CHANGE FROM PRE-DEVELOPMENT DISTRICT TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA DAISY MARQUEZ PLANNER. HERE IS THE SUBJECT PROPERTY OUTLINED IN GREEN. IT IS LOCATED HERE ALONG VOGUES PASS, ALSO KNOWN AS 1 1 6 2 7 VOGUES PASS. IT IS CURRENTLY UH, PRE-DEVELOPMENT DISTRICT PRE AND IT IS BEING PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA. SO KIND OF LOOKING AT THE SITUATION THAT THIS PROPERTY IS IN TO THE NORTH, A LOT OF THESE EXISTING PROPERTIES ARE WITHIN THE CITY OF SHE'S LIMITS, BUT THEY ALSO HAVE A PRE-DEVELOPMENT DISTRICT DESIGNATION AND THEY'RE ALL SINGLE FAMILY RESIDENTIAL WITH SOME TYPE OF AGRICULTURAL TO THE SOUTH. IT'S THE CITY OF SHIRTZ ETJ AND A LOT OF THEM ARE AGAIN, SINGLE FAMILY RESIDENTIAL AGRICULTURAL TO THE EAST. WE HAVE THE PRIVATE RIGHT OF WAY EVOKES PASS. AND THEN TO THE WEST WE HAVE MANUFACTURING DISTRICT HEAVY. AND TWO. ON MARCH 20TH WE SENT A TOTAL TOTAL OF SEVEN PUBLIC HEARING NOTICES. WE RECEIVED ZERO UM, RESPONSES. UH, ONE SIGN WAS POSTED ON THE PROPERTY. WE HAVE HAD SOME PHONE CALLS, BUT IT'S PEOPLE JUST WONDERING WHAT'S GOING ON. AND AFTER EXPLAINING THE SITUATION TO THEM, THEY UNDERSTOOD WHAT WAS HAPPENING. SO LOOKING AT THIS PROPOSED ZONE CHANGE, UDC SECTION 2154 STATES THAT A ZONE CHANGE IS REQUIRED TO ESTABLISH THE USE OF LAND AND THE DEVELOPMENT ASSOCIATED WITH THE PROPOSED ZONING CLASSIFICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING SOUND STABLE AND DESIRABLE DEVELOPMENT. THE PROPOSED ZONE CHANGE TO SINGLE FAMILY RESIDENTIAL SLASH AGRICULTURAL DISTRICT RA. FOR THE LETTER OF INTENT, THE APPLICANT IS SEEKING TO REZONE TO REMODEL THEIR HOME. SO THEY'RE AGAIN IN THE SAME SITUATION THE PREVIOUS APPLICANT WAS IN WHERE THEY HAVE THIS PRE DESIGNATION. UM, THE PROPERTY HAS BEEN IN THEIR FAMILY FOR QUITE SOME TIME. IT'S THEY WANNA MAKE SOME REMODELS, BUT DUE TO THE PREZONING DESIGNATION, THEY KIND OF STOPPED AT THE BUILDING PERMIT, UM, POINT AND THEY CAME BACK AND SAID, OKAY, WHAT CAN I DO SO I CAN GET BUILDING PERMITS AND THEY'RE TAKING THE RIGHT STEP SO THEY CAN PULL THEIR BUILDING PERMITS. SO AGAIN, GOING THROUGH UDC SECTION 2154 D CRITERIA FOR APPROVAL. ONE, WHETHER THE PROPOSED ZONE CHANGES ZONING MAP AMENDMENT IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP. AGAIN, THIS PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT DOES IMPLEMENT THE POLICIES OF THE ADOPTED COMPREHENSIVE PLAN. THE COMP PLAN CLASSIFIES THE SUBJECT PROPERTY AND AREAS COMPLETE NEIGHBORHOOD. AND AGAIN, THE INTENT OF COMPLETE NEIGHBORHOOD LAND USE DESIGNATION IS A GENERAL AREA CHARACTERIZED BY A MIX OF HOUSING OPTIONS WITH SUPPORTING LAND USES. BUT WHEN CONSIDERING THE APPROPRIATENESS OF HOUSING DENSITY FACTORS SUCH AS ROADWAY CLASSIFICATION AND CONFLICTS AMONG LAND USES SHOULD BE CONSIDERED. SO THE SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS COMPATIBLE WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATIONS AS PER STATEMENT OF INTENT OF PURPOSE AND INTENT FROM UDC SECTION 2155. AND THE INTENT OF THE SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS TO PROVIDE A DISTRICT SUITABLE FOR MINIMUM HALF ACRE LOTS WHERE DEVELOPMENT MAY BE PREMATURE. THE SURROUNDING PROPERTIES ARE PRE-DEVELOPMENT DISTRICT AND THE SUBJECT PROPERTY IS AT THE EDGE OF THE CITY OF SHE'S EXTRATERRITORIAL JURISDICTION. TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND THE SAFE OR EFFICIENT, HELPFUL DEVELOPMENT OF THE CITY. AND AS PART OF PROMOTING HEALTH, SAFETY AND GENERAL WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS. THE CHOSEN SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT DIMENSIONAL AND DEVELOPMENT STANDARDS AS STATED IN SECTION 2157 A OF THE UDC ARE COMPATIBLE, COMPATIBLE WITH WHAT IS IN THE SURROUNDING AREA. AND AGAIN, THE PROPOSED RA ZONING DISTRICT IS PRETTY MUCH MIMICS WHAT'S ALREADY THERE IN THE EXISTING AREA. THREE, WHETHER THE USE IS PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED. YES, THE USE IS PERMITTED IN RA ARE APPROPRIATE WITHIN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED. THE PURPOSE AND INTENT OF THE SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS TO PROVIDE AREAS IN WHICH AGRICULTURAL LAND MAY BE HELD IN SUCH USE FOR AS LONG AS PRACTICAL AND REASONABLE. AND AGAIN, WITH THOSE MINIMUM HALF ACRE LOTS WHERE DEVELOPMENT MAY BE PREMATURE TO DUE TO LACK OF UTILITIES CAPACITY OR SERVICES AS PDC SECTION 2155 AND AGAIN, THE MAJORITY OF THE SURROUNDING PROPERTIES [00:20:01] ARE PRE-DEVELOPMENT DISTRICT AND ARE USED FOR SINGLE FAMILY RESIDENTIAL AGRICULTURAL. ADDITIONALLY, THE SOUTHERN PROPERTY IS THE SOUTH TO THE SOUTH OF THE PROPERTY IS ADJACENT TO THE CITY OF SHE'S EXTRATERRITORIAL JURISDICTION. FOUR. WHETHER THE PROPOSED CHANGES IN ACCORD WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOLS, STREETS, WATER SUPPLY, SANITARY SEWERS, OR OTHER PUBLIC SERVICES AND UTILITIES TO THE AREA. SO THAT EXISTING ACCESS POINT FOR THE PROPERTY IS OFF OF VOGUE'S PASS. VOGUE'S PASS IS A PRIVATE ROAD AND NOT MAINTAINED BY THE CITY OF SHARKS. THE SUBJECT PROPERTY CURRENTLY USES AN ONSITE SEPTIC SYSTEM. IT IS SERVICED BY THE CITY OF SHES FOR WATER. AND AGAIN, A PUBLIC HEARING NOTICE WAS MAILED TO THE SHES EBOLA UNIVERSITY CITY INDEPENDENT SCHOOL DISTRICT TO NOTIFY THEM OF THE PROPOSED ZONE CHANGE AND AGAIN, INCLUDED AS ATTACHMENTS ARE THE MOST RECENT DEMOGRAPHIC REPORT. UH, THREE Q2 THREE FOR FCCD AS WELL AS THEIR MOST RECENT TENURE YEAR FORECASTING PRESENTATION. CITY OF CHARLOTTES POLICE FIRE AND EMS DEPARTMENTS HAVE INDICATED THAT THEY DO NOT HAVE ANY CONCERNS REGARDING THE PROPOSED REGARDING RE-ZONING REQUESTS OR THEIR ABILITY TO PROVIDE SERVICES. FIVE. WHERE THERE HAVE BEEN ANY ENVIRONMENTAL ECONOMICAL CHANGES THAT WARRANT THE REQUESTED ZONE CHANGE, THE APPLICANT WOULD LIKE TO RENOVATE THEIR EXISTING HOME AND THE PRE AMENDMENT DISTRICT IS ESSENTIALLY JUST A PLACEHOLDER AND REQUIRES A ZONE CHANGE FOR CONSTRUCTION BUILDING PERMITS, ET CETERA. WHETHER THERE'S AN ERROR IN THE ORIGINAL ZONING OF THE PROPERTY FOR WHICH THIS CHANGE IS REQUESTED, THERE WAS NO ERROR IN THE ORIGINAL ZONING OF THE PROPERTY. THE PROPERTY WAS GIVEN THE DESIGNATION OF PRE-DEVELOPMENT DISTRICTS SINCE AT LEAST, UM, SOME POINT AFTER IT WAS ANNEXED. AND THEN THE SUBJECT PROPERTY WAS ANNEXED IN THE CITY OF SHIRTS IN 1974 WITH ORDINANCE 74 A 24. AND WHETHER ALL OF THE APPLICANT'S BACK TEST OWED TO THE CITY HAVE BEEN PAID IN FULL DOES NOT IMPACT THE PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL EIGHT. WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT IN CONSIDERATION OF THE AMENDMENT STAFF HAS ENSURED ALL UC REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONE CHANGE AND AT THIS TIME DID NOT HAVE, HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FOR THE PLANNING AND ZONING COMMISSION OR THE CITY COUNCIL. AND AGAIN, THE PROPOSED ZONE CHANGE TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS COMPATIBLE WITH A COMPREHENSIVE LAND USE PLAN AND IS APPROPRIATE WITH THE, WITHIN THE MEDIA AREA OF THE SUBJECT PROPERTY. THUS, STAFF RECOMMENDS APPROVAL OF PL ZZ 2 2 4 0 0 5 0 COMMENTS OR QUESTIONS. AND THEN, UM, THE APPLICANT IS ALSO HERE TODAY IF YOU HAVE ANY QUESTIONS SPECIFICALLY FOR THEM. ALRIGHT, THANK YOU. DOES THE APPLICANT WISH TO MAKE A STATEMENT OR ANYTHING? NO. OKAY. ALL RIGHT. THIS IS A PUBLIC HEARING. IT IS NOW 6:22 PM AND I WILL OPEN THE MEETING FOR PUBLIC COMMENT. ANYBODY? NO ONE. ALL RIGHTY. ONE MORE TIME. OKAY. IT IS STILL 6:22 PM AND I WILL CLOSE THE PUBLIC COMMENT. UH, I HAVE A QUESTION. DOES ANYBODY KNOW YOU'RE BACK THERE? THE LAST TIME I WAS BACK THERE WAS 1998 WHEN WE HAD TO OPEN THAT EMERGENCY GATE TO, UM, THE, THE MOBILE HOME PARK BACK THERE. THAT, THAT'S, I KNOW, I KNOW THEIR BROTHER. YEAH. SO COMMISSIONERS, ANY ANY QUESTIONS OR COMMENTS? I GO BACK THERE, . ALL RIGHT. HEARING NONE. ONCE AGAIN, THIS IS A RECOMMENDATION TO CITY COUNCIL. I HAVE A I HAVE A QUESTION REAL QUICK, SO REACH OVER AND SLAP ME OR NO, NO, THAT'S, THAT'S FINE. I WAS JUST WONDERING, SO IS A HOME THERE ALREADY, RIGHT? YES. THERE'S A, A HOME THERE ALREADY AND, AND I'M, I GUESS I'M JUST WONDERING, SINCE IT'S ALREADY AN ESTABLISHED HOME THERE, IT WAS DESIGNATED AS PRE, UH, IS THAT STANDARD? I I GUESS I DON'T KNOW FOR SURE IF IT'S ALREADY AN EXISTING HOME THERE. IT WAS DESIGNATED AS PRE AS OPPOSED TO ALREADY BEING ZONED FOR RESIDENTIAL. SO A LOT OF THE PROPERTIES THAT ARE ZONED PRE ARE GIVEN THAT DESIGNATION. UM, IT HAPPENED AT A WEIRD TIME WHEN A LOT OF PROPERTIES WERE ANNEXED OR AFTER THE UDC WAS UM, AMENDED AND THEY DIDN'T REALLY KNOW WHAT TO DO WITH THESE PROPERTIES OR THEY DIDN'T REALLY WANT TO GIVE THEM A ZONING DESIGNATION. SO THEY CREATED PRE AND THEY SAID THIS IS JUST A PLACEHOLDER. IF THEY WANNA DO SOMETHING DIFFERENT, THEY'RE GONNA HAVE TO ASK FOR IT THEMSELVES. OKAY. I GUESS I'M JUST WONDERING, SO WHY DIDN'T THEY JUST GIVE THEM A DESIGNATION OF RESIDENTIAL SINCE THERE WAS A HOME ALREADY THERE? SO YOU'LL, YOU'LL SEE THIS IN, IN A LOT OF SOUTHERN SHIRTS AND NORTHERN SHIRTS THAT, YOU KNOW, THIS CA THIS PROPERTY WAS ANNEXED MUCH EARLIER. BUT EVEN IF YOU LOOK AT ALL THE PROPERTIES THAT WERE, UM, ANNEXED IN 2010, 2011, [00:25:01] RATHER THAN GOING PARCEL BY PARCEL, THEY WENT, WE'RE ANNEXING YOU. YOU'RE PRE-DEVELOPMENT, YOU CAN KEEP DOING WHAT YOU'RE DOING, BUT IF YOU WANT TO EXPAND, YOU WANNA MODIFY, YOU WANNA CHANGE YOUR LAND USE, THEN YOU CAN COME IN, REQUEST THE REZONE AND WE CAN, YOU KNOW, EVALUATE PROPERTY BY PROPERTY AT THAT POINT. OKAY. ALRIGHT. OKAY. THANK YOU. THAT, THAT MAKES SENSE. SO APPRECIATE IT. ANYONE ELSE? OKAY, SO ONCE AGAIN, THIS IS A RECOMMENDATION TO CITY COUNCIL. YEAH. AND, UH, WE ENTERTAIN A MOTION TO EITHER APPROVE OR DENY, UH, I MAKE A MOTION TO RECOMMEND PLZC 2 0 2 4 0 0 5 0 RECOMMEND APPROVAL. I'M SORRY, . OKAY. DO I HAVE A SECOND? SECOND, MR. CARONE, UH, NOT RELEVANT HERE, BUT I DON'T KNOW IF ANY OF YOU WATCHED THE, UM, THE VIDEO OF LAST NIGHT'S COUNCIL MEETING. THEY, THEY GOT AROUND TO THAT PDD AND THE INITIAL MO UM, THE INITIAL MOTION WAS TO DENY, AND OF COURSE THAT CAUSES CONCERN ABOUT, WELL, IF I VOTE IYE, WHAT AM I VOTING FOR? AND THE CITY ATTORNEY STEPPED IN AND, AND, UM, AND I'M SORRY, I'M JUST USING YOURS AS AN EXAMPLE, UM, AND, AND RECOMMENDED THAT MOTIONS ALWAYS BE IN THE AFFIRMATIVE. AND EVEN THOUGH, YOU KNOW, THE CONSENSUS IS GONNA BE TO THAT WAY, UM, UM, A NAY VOTE IS ACTUALLY SO THAT, THAT'S JUST SOMETHING FOR US TO KEEP IN MIND IN THE FUTURE, RATHER THAN RECOMMENDING DENIAL, RECOMMEND APPROVAL AND THEN, AND THEN VOTE IT DOWN OR SOMETHING LIKE THAT. ALRIGHT, SO I HAVE, SO I HAVE A, UH, MOTION FROM COMMISSIONER HECTOR AND A SECOND OF COMMISSIONER CARBONE TO RECOMMEND APPROVAL OF PLZC 20 24 0 0 5 0. COMMISSIONER OUTLAW? YES. HOW ABOUT IN THE FUTURE? WE JUST PUT IT TO A VOTE. INSTEAD OF HAVING THE RECOMMENDATION, WE JUST SAY, OKAY, NOW WE'RE GONNA VOTE ON THIS. AND IF YOU VOTE YES, YOU'RE APPROVING AND YOU VOTE NO, YOU'RE DISAPPROVING THAT WAY WE DO AWAY WITH A RECOMMENDATION AND IT'S EITHER AN UP AND DOWN BOAT. ALL RIGHTY, WELL WE'LL GIVE THAT SOME THOUGHT, JOHN. THANK YOU. YEAH, WELL, NOT REALLY. WE KIND OF MAKE UP OUR OWN . YEAH. ALRIGHT. WE'RE KEEPING THE FOLKS WAITING OUT THERE. UH, YOU KNOW, BUT IT, IT MIGHT BE A SUBJECT FOR FUTURE WORKSHOP. UM, LIKE TONIGHT WOULD'VE BEEN A GOOD NIGHT, BUT, YOU KNOW. ALRIGHT, SO ONCE AGAIN, THE, UH, THE MOTION IS TO RECOMMEND APPROVAL TO CITY COUNCIL. UH, ANY FURTHER DISCUSSION? UH, LET'S LOOK AT THAT. THEY'RE ALREADY VOTING. SEE, THEY, THEY DON'T WAIT FOR ME. ALRIGHT. PLEASE RECORD YOUR VOTE. ALRIGHT, I SEE SIX VOTES. YOU PUBLISH THAT PLEASE. WE HAVE SIX. AYE. NONE OPPOSED THAT MOTION PASSES. SO WE WILL SEND THIS TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. OKAY. THANK YOU. [6. REQUESTS AND ANNOUNCEMENTS ] ALRIGHTY. MOVING RIGHT ALONG TO ITEM SIX, REQUEST AND ANNOUNCEMENTS. UH, SIX A REQUEST BY COMMISSIONERS TO PLACE ITEMS ON FUTURE PLANNING AND ZONING AGENDA. ANYBODY HAVE ANYTHING? YES. ALL RIGHT. COMMISSIONER BREW. I'D LIKE TO, UH, GET CITY STAFF TO LOOK AT POSSIBIL, POSSIBLY AMENDING THE MASTER THOROUGHFARE PLAN TO ADD A NORTH SOUTH CONNECTOR BETWEEN MASSEY ROAD AND SAVANNAH DRIVE, MOST LIKELY ALONG OR NEAR DETS CREEK. OKAY. ANYBODY ELSE? ALL RIGHT. SIX B ANNOUNCEMENTS BY COMMISSIONERS. I WAS HOPING, UM, THE INTERVIEW COMMITTEE RECOMMENDED AND CITY COUNCIL APPROVED, UM, WROTE HIS NAME DOWN, UH, MR. CLAYTON WALLACE TO FILL OUR SLOT FOR ALTERNATE TWO. AND I SORT OF ANTICIPATED, UH, INTRODUCING HIM THIS EVENING. BUT ANYONE ELSE, ANY ANNOUNCEMENTS MOVING ON. MAINE IS COMING UP ON APRIL 14TH, I THINK SUNDAY THEY SHUT DOWN MAIN STREET AND IT'S JUST ENCOURAGING FAMILIES TO GET OUT AND ABOUT. SO COME ON DOWN. AND WHEN WAS THAT AGAIN, JUDY? I WANNA SAY IT'S SUNDAY. APRIL 14TH? YES. SUNDAY, APRIL 14TH. I KNOW IT'S IN SHIRTS MAGAZINE AND, UM MM-HMM, . ANYBODY ELSE? CITY PARK. HOW ABOUT CITY STAFF? THEY HAVE ANYTHING, NOTHING FROM [00:30:01] CITY STAFF. OKAY. ITEM SEVEN [7. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO DISCUSSION TO OCCUR ] IS INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS. THERE'S NO DISCUSSION ON THOSE, BUT THERE YOU CAN SEE THOSE ITEMS THAT WE HAVE SENT TO CITY COUNCIL AND UM, UM, THE STATUS OF THOSE, ALTHOUGH SOME OF THEM WERE UPDATED, IT'S KIND OF SINCE WE MEET THE NIGHT AFTER THEY DO, SOME OF THAT'S CHANGED. BUT, UH, ANYWAY. DID YOU HAVE SOMETHING? YEAH, I WAS GONNA ASK, IT'S NOT NECESSARILY A DISCUSSION TOPIC, BUT COULD THE STAFF UPDATE THE LIST? COULD YOU PROVIDE AN UPDATED STATUS VERBALLY? THE COURT LIST? UM, DID BASICALLY I, WELL, I DON'T KNOW, MAYBE IF YOU'LL SEE A MATTHEW. HANG ON, HANG ON, HANG ON. LET'S SEE. AFTER THE MEETING. KATHY TOO, SHE SAID. YEAH, THE ONLY ONE I KNOW ABOUT RICHARD YOU PROBABLY KNOW ABOUT IS THAT, UH, IS THAT SLO FARMS? IS THAT WHAT THEY WERE CALLING THAT? YEAH, THAT WAS SOUNDLY DISAPPROVED LAST NIGHT. SO OH, THE CONTAINER PLATE. YEAH. AND I'M SORRY I, I SKIPPED OVER A LOT OF THAT, BUT YEAH, IF YOU'LL SEE EMILY AFTER THE MEETING, WE HAVE TO BE CAREFUL ABOUT WHAT'S ON THE AGENDA AND YEAH, IT'S ALL THEM RULES WE GOTTA FOLLOW. ALRIGHTY, SO THAT'S THE END OF OUR AGENDA. IT IS, UH, 6 31 AND THIS MEETING'S ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.