[5. STAFF REPORTS]
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RECOGNIZED NATIONWIDE AS FAIR HOUSING MONTH.UM, THE GOAL OF FAIR HOUSING MONTH IS, UH, TO, UH, PROVIDE OPPORTUNITIES TO ELIMINATE HOUSING DISCRIMINATION IN VARIOUS FORMS. UH, SO THE CITY HAS A ROLE TO PLAY WITH THAT.
UM, PRIVATE SECTOR HAS A ROLE TO PLAY IN THAT, UM, AND, UH, UH, INDIVIDUALS LIVING, UM, WITHIN COMMUNITIES HAVE ROLES TO PLAY IN THAT, IN THAT EFFORT, FAIR HOUSING, THE FAIR HOUSING ACT AS PART OF THE CIVIL RIGHTS ACT OF 1968.
UM, SO IT'S BEEN AROUND FOR A LITTLE, UH, A LITTLE BIT OF TIME.
UM, TEXAS ALSO HAS A TEXAS FAIR HOUSING ACT, UM, BUT BOTH OF THEM AIM TO, UH, ELIMINATE DISCRIMINATION.
AND SO ON THE SCREEN, UH, THIS PRESENTATION WAS INCLUDED IN THE CITY COUNCIL PACKET FOR THOSE THAT WANT TO SEE COPIES OF THIS PRESENTATION.
UM, BUT THESE ARE THE AREAS THAT, UH, THE FAIR HOUSING ACT WORKS TO ELIMINATE, UH, DISCRIMINATION, UM, FROM AND DISCRIMINATION CAN TAKE DIFFERENT FORMS. UH, SO THAT SECOND PARAGRAPH KIND OF DESCRIBES THAT, UM, YOU KNOW, THIS IS DISCRIMINATION, UH, FROM, YOU KNOW, PEOPLE LOOKING TO BUY A HOME, LEASE A HOME, A RENTAL HOME, SEEKING MORTGAGES SINCE ASSISTANCE, UM, ANY OTHER KIND OF FINANCIAL ASSISTANCE, UM, OR ENGAGING ANY OTHER HOUSING RELATED, UM, ACTIVITIES, UM, WHERE THE CITY COMES IN ARE THE CITY'S POLICIES AND REGULATIONS THAT SHAPE, UM, THAT ENVIRONMENT, MAKING SURE THAT THE CITY'S POLICIES AND REGULATIONS ARE FAIR IN ITS APPLICATION.
SO THESE ARE A FEW, UM, EXAMPLES OF HOUSING DISCRIMINATION.
I'M NOT GOING TO READ THROUGH THE WHOLE LIST, SO DON'T WORRY, BUT, UH, THESE ARE A FEW EXAMPLES.
UM, IF ANYONE HAS ANY QUESTIONS, ANY MEMBER OF THE PUBLIC HAS ANY QUESTIONS ON DISCRIMINATION, UM, MARISSA, UM, HER POSITION, UH, CAN ASSIST IN GETTING INFORMATION, UH, TO THEM.
SO, UH, UNDER THE CITY'S, UH, FURTHERING FAIR HOUSING OBJECTIVE, UM, WE WILL RECEIVE WRITTEN COMPLAINTS, UM, OF, UH, DISCRIMINATION IN HOUSING PRACTICES.
UM, THOSE WOULD GO TO MARISSA'S OFFICE, UH, UM, IN WRITING BY EMAIL, BY A LETTER, UH, TO THE CITY THEY CAN CALL, UM, AS WELL, UM, AND, UH, UH, REGISTER, UH, THAT DISCRIMINATION, UH, WITH, UH, OUR OFFICE.
THIS IS AN EXAMPLE OF A BEAUMONT, UM, THAT WAS CHALLENGED ON SOME REGULATIONS THAT THEY ADOPTED, UM, THAT WERE CHALLENGED AS DISCRIMINATORY, UM,
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IN THEIR APPLICATION.UM, SO, UH, THERE'S A FEW BULLET POINTS THERE.
UM, IN TERMS OF HOW THE BEAUMONT CITY REGULATIONS WERE CHALLENGED BY THAT COURT CASE.
UM, THE RESULT OF THAT WAS, UM, THAT THE CITY DID, UH, LOSE, UM, THEIR, UH, UH, THE CASE MADE AGAINST THEM.
UH, THE CITY DID HAVE TO PAY, UM, IN RELATION TO THAT CASE, THEY HAD TO SEE SOME FORCEMENT OF THE REGULATIONS THAT WERE IMPOSED.
UM, SO AS YOU CAN SEE THERE, SOME OF THOSE, YOU KNOW, WE, UM, ADOPTING CERTAIN FIRE CODE REQUIREMENTS, IMPOSING, UM, YOU KNOW, CERTAIN DISTANCING REQUIREMENTS, UH, THAT WERE ALL FOUND TO BE, UM, UH, NOT IN CONFORMANCE WITH THE FAIR HOUSING ACT.
UM, THE CITY WAS REQUIRED TO DO FAIR HOUSING TRAINING, UM, AND, UH, CREATED A POSITION FOR A FAIR HOUSING COMPLIANCE OFFICER.
AND DON'T HAVE TO WRITE EVERYTHING.
WE CAN SEND THIS TO YOU TOO, IF YOU NEED A COPY OF THIS, THIS GOES TO MISSOURI, CITY'S COMMITMENT TO FURTHERING FAIR HOUSING.
SO, UM, IN THE CITY'S COMPREHENSIVE PLAN THAT THE COMMISSION, UM, UH, EVALUATES AND MAKES RECOMMENDATIONS ON, UH, ON THE CDBG SIDE, UH, THERE WAS A FIVE-YEAR CONSOLIDATED PLAN THAT, UH, PROVIDES, UM, THE POLICY GOALS, UM, OF FUNDING FOR A FIVE-YEAR PERIOD, UM, OF CDBG FUNDS.
THE CITY DOES HAVE A FAIR HOUSING IMPEDIMENTS STUDY, UH, THAT WAS A REGIONAL STUDY DONE.
UM, I BELIEVE IN 2019 TIMEFRAME, UM, A HOUSING STUDY THAT WAS RECENTLY COMPLETED USING, UH, CDBG FUNDS, UM, AND THEN THINGS LIKE THIS PRESENTATION HERE, UM, AND INFORMATIONAL BOOKLETS, UH, THAT THE CITY WILL PUBLISH.
SO THESE ARE ALL EFFORTS THAT THE CITY MAKES ON AN ANNUAL BASIS, UH, TO PUBLICIZE AND TO, UH, SUPPORT, UM, FAIR HOUSING PRACTICES IN THE CITY.
AND SO THIS IS JUST A LITTLE BIT MORE DETAILED ON SOME OF THOSE OBJECTIVES.
SO THE CITY IS A PARTNER WITH FEDERAL AND STATE AGENCIES.
UM, SO I KNOW A LOT OF PEOPLE MAY NOT BE AWARE OF THE ROLE THAT THE TEXAS WORKFORCE COMMISSION HAS IN FURTHERING FAIR HOUSING.
UM, BUT THE TEXAS FAIR HOUSING ACT, UM, ACTUALLY, UM, UH, STIPULATES THAT THEY, UM, ARE THE, UH, ENTITY THAT ENFORCES CERTAIN, UH, FAIR HOUSING REQUIREMENTS.
UM, SO THEY ARE INSTRUMENTAL, UM, PART OF FURTHERING FAIR HOUSING.
UH, YOU CAN SEE, UH, HUD, THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT ADMINISTERS THE CDBG GRANT PROGRAM, UM, AND ALSO BE A TEXAS DEPARTMENT OF HOUSING AID, COMMUNITY AFFAIRS.
THAT IS ALL WE HAVE TONIGHT FOR FURTHERING FAIR HOUSING.
ARE THERE ANY QUESTIONS AND YOU CAN GO AHEAD ONE MORE.
UM, ONE MORE PRESENTATION BECAUSE THE MONTH OF APRIL ALSO HAS NATIONAL COMMUNITY DEVELOPMENT WEEK.
SO THE WEEK THAT WE'RE CURRENTLY IN, IT STARTED ON MONDAY, APRIL 11TH THROUGH FRIDAY, APRIL 15TH.
UM, AND WHAT I DO WANT TO POINT OUT, UH, SOME OF THOSE, UH, UH, PICTURES THAT ARE THERE, NATIONAL COMMUNITY DEVELOPMENT WEEK IS A WEEK, UH, TO RECOGNIZE THE IMPORTANCE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT, UM, THAT IT HAS ON COMMUNITIES ACROSS THE COUNTRY.
UM, AND SO THOSE IMAGES ARE SOME OF THE SERVICES AND PROGRAMS THAT ARE SUPPORTED THROUGH THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
UH, SO YOU SEE THE TOP, UM, THE CITY HAS A SCHOLARSHIP PROGRAM.
UM, CODE ENFORCEMENT ACTIVITIES ARE FUNDED THROUGH CDBG BLOCK GRANT.
UM, WE HAVE A FIRST TIME HOME BUYERS PROGRAM, UM, AND ALSO, UM, THE HOUSING REHABILITATION PROGRAM, NATIONAL COMMUNITY DEVELOPMENT WEEK.
THE REASON WHY IT'S DONE IN THE MONTH OF APRIL IS TO PARALLEL WITH, UH, CONGRESS HAS CONSIDERATION OF ITS NEXT FISCAL YEAR BUDGET.
UM, AND IT'S USED TO HIGHLIGHT, UM, UH, ACTIVITIES THAT HAVE BEEN DONE, UH, THROUGH CDBG FUNDING, UH, TO SUPPORT, UM, INCREASED FUNDING OR, UH, MAINTAINING, UH, CDBG FUNDING, UH, IN THOSE CONGRESSIONAL BUDGETS.
UM, CDBG IS PART OF THE 1974, UM, HOUSING, UM, UH, CREATION OF HUD, UM, AND, UH, THE CDBG PROGRAM, UH, WAS CREATED, UM, UNDER THAT UNDER TITLE.
ONE OF THAT ACT, THE MISSOURI CITY HAS BEEN, WHAT'S CONSIDERED AN ENTITLEMENT COMMUNITY SINCE 1998.
UM, AND SINCE THAT TIME, THE CITY HAS BEEN ABLE TO USE CDBG FUNDS TO AWARD, UM, UH, A FEW HUNDRED POST-SECONDARY EDUCATIONAL SCHOLARSHIPS, UM, AS WELL AS, UM, ASSIST A LOW TO MODERATE INCOME AND ELDERLY, UM, HOME OWNERS, UH, WITH MINOR HOME REPAIRS THROUGH THE HOUSING REHABILITATION PROGRAM.
UM, YOU SEE THE NUMBER OF RESIDENTS HAVE BEEN SURFACED THROUGH SOCIAL SERVICE ORGANIZATIONS THAT INCLUDES MEALS ON WHEELS, UM, UH, CHILD ADVOCATES, UH, USED TO BE AN ORGANIZATION THAT WAS FUNDED, UH, THROUGH
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THIS PROGRAM.UM, AND THEN WE ALSO HAVE A LOCAL PROGRAM, UH, THAT HAS BEEN AWARDED, UH, FUNDS USING CDBG DOLLARS.
UH, THE CITY HAS ALSO USED CDBG FUNDS TO SUPPORT A CERTAIN PARK IMPROVEMENTS, INCLUDING THE NEW STAMOS SIGN.
UM, THAT IS IF YOU GO DOWN INDEPENDENCE NEAR MOORE ROAD, UM, THAT SIGN THAT WAS PLACED THERE WAS USED, UH, WAS DONE USING CDBG FUNDS OF SOME DRAINAGE INFRASTRUCTURE, SIDEWALKS, UM, HAVE BEEN, UM, UH, HAVE BEEN CONSTRUCTED USING CDBG FUNDS.
I BELIEVE THAT IS ALL I HAVE UNDER THIS PRESENTATION.
SO, UM, IF THE COMMISSION HAS ANY QUESTIONS OR COMMENTS, UM, YOU KNOW, LET US KNOW.
UM, AGAIN, MARISSA MORGAN IS OUR COMMUNITY DEVELOPMENT COORDINATOR.
UM, I'M HERE AS WELL, UM, SUCH AS, UH, FEEL FREE TO CONTACT US IN THE OFFICE OR LET US OKAY.
THE ENGINEERING HALF OF REPORT TONIGHT.
UH, NO, WE DON'T HAVE ANYTHING TO REPORT.
UH, WE WILL BE HOSTING A MEETING TOMORROW AT THE REC CENTER.
UH, SO PUBLIC MEETINGS FOR OUR MOBILITY AND ITS MASTER PLAN.
UM, SO IF ANY OF Y'ALL WANT TO COME OUT, IT'S OPEN TO EVERYONE.
I WAS GOING TO BE SIX TO 8:00 PM TO 8:00 PM.
WHAT'S YOUR NAME, SIR? UH, BRIAN JACKSON.
HI, THIS IS THE PUBLIC COMMENT OPPORTUNITY.
IT'S AN OPPORTUNITY FOR THOSE IN THE AUDIENCE TO SPEAK TO MATTERS THAT ARE NOT ON THE AGENDA.
AND IT'S A GOOD TIME FOR A SELF ACKNOWLEDGED COUNCIL, WOMAN, MONICA RILEY, THOMAS.
DO YOU HAVE ANYTHING FOR US TONIGHT? WONDERFUL.
ALL RIGHT, WE'RE GOING TO MOVE STRAIGHT ON THROUGH THIS.
[A. CONSENT AGENDA]
ITEM SEVEN EIGHT, THE PLATS UNDER THE CONSENT AGENDA.WE DO CONSIDER ALL OF THESE MATTERS OF ROUTINE AND THEY WILL BE AN ACTIVE BY ONE MOTION UNLESS OTHERWISE DEVIATED FROM ITEM ONE, CONSIDER AN APPLICATION FOR PRELIMINARY PLAT FOR SIANNA SECTION 59 TO CONSIDER AN APPLICATION FOR A PRELIMINARY FIVE FOR SCAM SECTION 68 3.
CONSIDER AN APPLICATION FOR A PRELIMINARY PLAT FOR J R TIRE SHOP FOR CONSIDERING AN APPLICATION FOR PRELIMINARY SPEC OF J D A CRAVENS ROAD FIVE.
CONSIDER AN APPLICATION FOR A FINAL PLAT OF ARCADIA.
SECTION ONE SIX, CONSIDER AN APPLICATION FOR A FINAL PLAT OF OWEN BEING DRIVE STREET DEDICATION SEVEN, CONSIDER AN APPLICATION, A FINAL FLOOD OF SIANNA LAKES DRIVE STREET DEDICATION EIGHT.
CONSIDER AN APPLICATION FOR A FINAL PLAT, A GRAND CLASS, A SCAN OF RANCH ROAD DEVELOPMENT, NON CONSIDERED AN APPLICATION FOR FINAL PLATE OF MISSOURI CITY PARK AND BUILDING MAINTENANCE FACILITY.
10, CONSIDER AN APPLICATION FOR OLYMPIA STATE'S NORTHEAST RESERVES, PARTIAL REPLANT, NUMBER ONE, AND BEING NOPE, 10, WE STOPPED.
WE APPROVE THE CONSENT AGENDA.
THANK YOU SO MUCH, MR. HANEY, ZERO SECOND, SECOND.
THANK YOU, MR. GRIFFIN, IS THERE ANY DISCUSSION ON ANY ITEMS, ALL THOSE IN FAVOR SIGNIFY BY SAYING, AYE, THAT MOTION DOES CARRY.
[B. 1255 FM 1092]
ITEM B.THIS WILL BE FOR 1255 FM 10 92.
AND WE'LL CONSIDER AN APPLICATION FOR A PRELIMINARY PLAT CHAIR.
THIS APPLICATION HAS BEEN WITHDRAWN BY THE APPLICANT.
[8. ZONING MAP AMENDMENTS]
CONSIDERS UH, ITEM EIGHT ZONING MAP AMENDMENTS.WE'LL CONSIDER A PRELIMINARY REPORT ON A REQUEST FOR NICK NANI TO REZONE IN APPROXIMATELY 24.45 ACRE TRACT OF LAND FROM LC THREE, TO PEOPLE WHO ALLOW FOR MIXED USE DEVELOPMENT TO INCLUDE RETAIL, COMMERCIAL AND RESIDENTIAL USES.
I GET A THING CHAIRMAN AND COMMISSIONERS.
SO THIS IS AN INTRODUCTION TO THE ZONING CASE.
WE'LL BE HOLDING A PUBLIC HEARING FOR NEXT WEDNESDAY.
WE RECEIVED AN APPLICATION FROM NIKITA NANI FROM DANONE, A PRIVATE EQUITY GROUP TO ZONING APPROXIMATE 24 ACRE TRACT OF LAND TO A PLANNED DEVELOPMENT DISTRICT.
THE SUBJECT SITE IS LOCATED NORTH OF FORBIDDEN, BEN PARKWAY, SOUTH OF HIGHWAY SIX EAST OF O-CLOCK FOREST DRIVE AND WEST OF FORT BEN TOWN CENTER.
THE PLAN DEVELOPMENT WOULD INCLUDE BOTH COMMERCIAL RETAIL USES AND MULTIFAMILY USES STAFF IS RECOMMENDING APPROVAL OF THOSE ZONING CHANGE.
THE APPROVAL OF THE ZONING CHANGE,
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THE CONCEPTUAL MASTER PLAN PROVIDED SHOWS THE PROPOSED LAYOUT OF THE PLAN DEVELOPMENT.NINE ACRES OF THE, OF THE DEVELOPMENT WOULD ALLOW FOR THREE COMMERCIAL RETAIL USES SUCH AS RESTAURANTS, A BANK, DRUG STORE, AND CONVENIENCE STORE 13 ACRES OF THE PROPOSED DEVELOPMENT WOULD ALLOW FOR MF TO MULTIFAMILY.
RESIDENTIAL USES VALID PERMIT, 280 RESIDENTIAL UNITS, TWO RESIDENTIAL PARKS, A DOCK PARK, AND A CLUBHOUSE.
THE REMAINING TWO ACRES IS ALLOCATED FOR DETENTION, AND THAT CONCLUDES MY REPORT.
THE DEVELOPER HAS ALSO PREPARED A PRESENTATION FOR YOU ALL THIS EVENING.
UM, BUT ARE THERE ANY QUESTIONS, WHAT ARE WE SUPPOSED TO DO WITH THIS THOUGH? THIS IS JUST A PRELIMINARY, UM, WE'RE NOT GOING TO VOTE ON IT.
SO IT'S JUST AN INFORMATION AND THIS WILL GIVE A COMMISSION TIME.
UM, IF THERE ARE COMMENTS BETWEEN NOW AND NEXT WEEK, NEXT WEEK, YOU WILL BE ASKED TO VOTE ON THE FINAL, UH, REPORT TO FORWARD TO CITY COUNCIL.
UM, WELL, WILL WE SEE THE DEVELOPER AGAIN NEXT WEEK? YES.
AS BECAUSE THE PUBLIC HEARING WILL BE HELD, WOULD WHAT'D YOU GUYS LIKE TO SEE THE PRESENTATION TONIGHT, WHICH I'M LIKE, WAIT UNTIL THE NEXT WEEK? LET'S SEE, IS THAT THE SAME PRESENTATION? NO, THEY HAVE THEIR OWN PRESENTATION THAT THEY'VE PREPARED.
AND THE NEXT ONE, NO, THE ONE TONIGHT WILL BE THE SAME NEXT WEEK PRACTICE.
THIS IS AN OPPORTUNITY, UM, FOR YOU TO HEAR THEIR PRESENTATION, UM, AND THEIR PROPOSAL.
AND IF THERE'S ANY QUESTIONS OR ANYTHING THAT YOU WOULD LIKE THEM TO ANSWER, UM, IF THEY CAN'T ANSWER IT TONIGHT, THEN THEY HAVE TIME TO BE ABLE TO ANSWER IT FOR NEXT WEEK'S MEETING.
UM, SO IF ANYTHING LIKE THAT COMES UP, YOU HAVE THAT OPPORTUNITY YOU GUYS STILL WANT TO YES, YES.
WE'LL HAVE THE APPLICANT COME ON UP.
UM,
WE'RE TRYING TO DEVELOP A NINE ACRE TRACK OUT OF WHICH WILL BE COMMERCIAL DEVELOPMENT AND A 13 PLUS ACRE TRACK WOULD BE USED TOWARD THE RESIDENTIAL WITH BANNING TO BUILD A PLUS 280 UNIT MULTI-FAMILY RESIDENTIAL OVER HERE.
WE HAVE A VERY GREAT SUCCESS IN THE PAST, UH, WITH OUR BRAND TERRITORY.
UH, IT'S UH, ALL THE BELLS AND WHISTLES INTO THIS PROJECT.
UH, ALL DIFFERENT KINDS OF AMENITIES IN THERE.
WE HAVE A SIMPLE FITNESS CENTER.
UH, WE HAVE, UH, OUTDOOR MOVIE THEATER.
UH, WE HAVE A TESLA CAR CHARGING, ELECTRIC CAR CHARGING STATION, UH, AND SO MANY THINGS OUT THERE, WHICH I DON'T EVEN REMEMBER RIGHT NOW.
ALL THE AMENITIES WE PROVIDE INTO OUR FACILITY.
UH, THIS IS THE PERFECT PLACE TO, FOR THE FAMILIES TO COME AND STAY FOR A YEAR, TWO YEARS TIMEFRAME BEFORE THEY BUY THE SINGLE FAMILY HOME.
UH, BESIDE THAT WE ARE PLANNING TO DEVELOP THE NINE ACRE COMMERCIAL TRACK ALONG THE HIGHWAY SIX.
UH, OUR COUSIN OWNED A MULTIPLE FRANCHISES OVER HERE.
I'M PLANNING TO BRING HIM ON THE BOARD WITH US.
UH, HE OWNS A FRANCHISE LIKE, UH, CALPHALON MAGDALENE HAVE, UH, UH, MEXICAN, UH, CASUAL DINING OVER HERE.
UH, HE OWNED, UH, MULTIPLE FAST FOOD RESTAURANTS.
SO WE HERE, WE PLANNING TO DO SOME RETAIL CENTER OR SOME DAYCARE.
I MEAN THAT NINE ACRES IN THE FRONT, ALONG THE HIGHWAY SIX.
SO OVERALL IT WILL BE A GREAT FACILITY OR GREAT, A 25 ACRE DEVELOPMENT OVER HERE IN OUR CITY.
OH, THE MULTIFAMILY D FOR SALE, OR WILL THEY BE FOR LEASE FOR LEASE ONLY TWO STORY, THREE STORY, THREE STORY GARDENS GUIDE.
ANYONE ELSE HAVE QUESTIONS ABOUT THE AFRICA? ANYONE ELSE HAVE QUESTIONS OF THE APPLICANT LOOKING AT THE ENTRANCE ENTRANCE NEXT WEEK? SO THE, UH, MULTIFAMILY ENTRANCE WILL BE FROM THE CROSSES, THE ACCESS, WHICH IS CONNECTING TO THE KROGER OVER THERE, FORT BEN CENTER, WHERE YOU SEE THE CLUBHOUSE OR WITHIN THE BROWN COLOR.
AND ALL THE RESIDENTIAL BUILDING WILL BE BELOW THAT.
AND YOU SEE THE RED BOX AND BE ALL COMMERCIAL
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DEVELOPMENT OVER THAT.SO COMMERCIAL TRAFFIC WILL COME IN FROM, UH, TWO DRIVERS OVER THERE AND THE RESIDENTIAL TRAFFIC WILL COME IN FROM THE MAIN ENTRANCE TO THE KROGER, UH, COMING INTO THIS, UH, CLUBHOUSE OVER THERE, THE ENTRY TO THE CLUBHOUSE, JENNIFER DENSITY WISE, THIS IS I THINK IT WAS MFDS RIGHT.
SO WHAT'S THE, I FORGET THE NUMBER, UM, GROSS FOR GROSS PLANET.
UM, SQUARE FOOT IS, UH, OR GROSS PLOTTED ACRE IS NO MORE THAN 20 UNITS PER ACRE FROM THIS ONE STAR EYES A REPORT.
UM, HAS, IF YOU SEE AT THE BOTTOM, YOU SEE THOSE AREAS MARKED THOSE DETENTION.
IF THAT AREA IS INCLUDED INTO THE OVERALL MULTIFAMILY TRACK, THEN THE DENSITY BASED ON THAT WOULD MEET, UH, THE MFC REQUIREMENTS.
IF FOR WHATEVER REASON THAT AREA IS REPURPOSED OR TAKEN OUT, THEN THE DENSITY WOULD EXCEED.
UM, BASED ON WHAT WE'RE SEEING ON THE CONCEPT, UM, WOULD EXCEED THAT AMOUNT.
SO PART OF THE RECOMMENDATION THAT'S INCLUDED IN THE REPORT, UM, IS, UH, TO APPROVE THIS SITE PLAN, UM, DETENTION AND DRAINAGE MAY STILL FLUCTUATE.
UM, BUT THE NUMBER OF UNITS, THE NUMBER OF BUILDINGS OF AS SHOWN ON THE SITE, HI, THE NUMBER OF UNITS ON ALL AND NOT TO, NOT TO AT THE SCENE, THE TOTAL UNITS ARE 20 YEAH.
20 PER ACRE ROOT CAUSE I BELIEVE THE TOTAL, THE TOTAL UNITS, IT'S ABOUT 280 THIS IS, SO IF YOU LOOK AT WHERE ON THIS MAP, IF YOU SEE THE 14 POINT 11 ACRE TRACK, UM, THAT LAND THAT IS, UH, TO THE WEST AND SOUTH OF THAT IS THE DINER SCHEME, A SINGLE FAMILY RENTALS PROJECT THAT CAME THROUGH, UH, THE COMMISSION LAST YEAR.
UH, SO THAT'S GOING TO BE A SINGLE FAMILY PRODUCT, UM, RENTAL COMMUNITY.
UM, AND SO THAT PRODUCT IS ADJACENT TO OAKWOOD FOREST, UH, WHICH YOU SEE THOSE STREETS, UH, JUST TO THE WEST OF THAT AREA.
SO IF YOU CAN SEE, CAN YOU SEE THE RED DOT THERE? YEAH.
SO THE DISTANCE IS LESS THAN RIGHT SPEAKING TO THE MICROPHONE.
SO FOR NOTICES, WE HAVE TO NOTICE OUT TO PROPERTY OWNERS WITHIN 250 FEET.
UM, AND I KNOW DURING THAT PROCESS, THAT OPENED FOR SUBDIVISION WAS NOT CAPTURED AS PART OF, UM, WITHIN 250 FEET.
SO IT'S, IT'S MORE THAN ENOUGH BASED ON THE SCALE ON THIS PHOTO, THE ACTUAL RESIDENTIAL LOOKS LIKE THEY'RE OVER A THOUSAND FEET, YOU'RE ON THE BOTTOM.
SO THE COMMERCIAL LOOKS LIKE IT'S THE ONLY ONE THAT'S CLOSE TO THE COMMERCIAL OF THE PROPOSED, UH, DEVELOPMENT.
WELL, YEAH, THAT'S, THAT'S, THAT'S, THAT'S THE L C3 PART.
THERE IS A PORTION OF THAT BOTTOM THAT MULTIFAMILY IS SHOWN ON THE CONCEPT PLAN.
SO THEY DO HAVE SOME MULTIFAMILY FAMILY SHOWN IN THIS AREA, RIGHT? YES.
WHAT ELSE HAVE ANY QUESTIONS? ALRIGHTY.
UH, THANK YOU SO MUCH APPLICANT, UH, FOR MAKING YOUR PRESENTATION ON TONIGHT.
WE LOOK FORWARD TO SEEING YOU AGAIN ON NEXT TUESDAY NIGHT, WEDNESDAY NIGHT, WELL, TUESDAY AND WEDNESDAY ON WEDNESDAY ON NEXT WEDNESDAY NIGHT.
WE WON'T TAKE ANY ACTION ON THIS, ON, ON THE CEILING.
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JENNIFER.WE'RE AT NUMBER NINE, ZONING TEXT A MINUTE.
[A. Massage Establishments]
OH, I JUST HAVE THE STATEMENTS.THE SUIT WILL BE A PUBLIC HEARING TO RECEIVE COMMENTS FOR OREGON'S AMENDMENTS TO THE CITY OF MISSOURI CITY ZONING ORDINANCE REGARDING MASSAGE ESTABLISHMENT.
AND SO I'M SURE YOU'LL REMEMBER.
UM, A FEW MONTHS AGO WE HEARD FROM US ROUNDER KARPIN DOLL, CHAIRMAN OF THE FORT BOUND, FORT BEND COUNTY, DA HUMAN TRAFFICKING TEAM.
SHE PRESENTED TO THE COMMISSION ON FEBRUARY 9TH, A PROPOSAL TO ADOPT REGULATIONS TO ASSIST IN THE PREVENTION OF SEX TRAFFICKING IN FORT BEND COUNTY.
UM, MS. KIRKLAND DOLL AND REPRESENTATIVES FROM THE DEMAND DISRUPTION ORGANIZATION HAVE BEEN WORKING WITH COMMUNITIES THROUGHOUT FORT BEND COUNTY TO RESPOND TO THE NEGATIVE IMPACT.
CERTAIN MASSAGE PARLORS CAN HAVE AS THEY OPERATE AS FRIENDS FOR COMMERCIAL SEX OPERATIONS.
SO THE CITY DOES CURRENTLY HAVE REGULATIONS FOR MASSAGE ESTABLISHMENTS THAT ARE CONTAINED IN CHAPTER 18 OF THE CODE OF ORDINANCES.
MOST KURKENDAHL IS REQUESTING ADDITIONAL REQUIREMENTS.
THEY DON'T WANT THE CITY HAS ALREADY ADOPTED.
SO THIS WOULD INCLUDE, UM, UH, THAT OUTSIDE WINDOWS MUST BE TRANSPARENT THAT THERE IS AN UNOBSTRUCTED VIEW FROM THE OUTSIDE LOBBY INTO THE WAITING AREA REQUIRING THAT DOORS REMAIN UNLOCKED DURING NORMAL BUSINESS HOURS THAT NO T ATM'S ARE PERMITTED ONSITE OF THE BUSINESS.
UM, THAT A PEACE OFFICER MUST BE GRANTED IMMEDIATE ACCESS AND THAT ANY OF THE ABOVE VIOLATIONS HAVE REQUIRE BUSINESSES TO HAVE THEIR CERTIFICATE OF OCCUPANCY REVOKED AND TO CONSIDER, UM, ANY PENALTY PENALTY OR PUNISHMENT OF A VIOLATION OCCURS THOUGH, THE CITY HAS BEEN ASKED TO CONSIDER THESE ADDITIONAL REQUIREMENTS, UM, THAT WOULD HINDER THE ABILITY OF THESE MASSAGE PARLORS TO CONTINUOUSLY OPERATE AND OPEN SHOP WITHIN CITY LIMITS.
UH, CITY STAFF HAS PROVIDED TWO OPTIONS FOR CONSIDERATION FROM THE COMMISSION THAT WOULD INCORPORATE THESE ADDITIONAL REQUIREMENTS.
SO THE FIRST OPTION WOULD BE TO REQUIRE A SPECIFIC USE PERMIT APPROVAL BEFORE A MASSAGE ESTABLISHMENT MAY LOCATE WITHIN THE CITY.
AND WITH THIS FIRST OPTION, IT WOULD BE A ZONING PROCESS AND REQUIRE BUSINESSES TO HOLD A PUBLIC HEARING AT PLANNING AND ZONING COMMISSION AS WELL, CITY COUNCIL, BEFORE IT COULD BE APPROVED.
SO WHAT THIS OPTION, THE REQUIRED AMENDMENTS, UM, IT WOULD REQUIRE AMENDMENTS TO SECTION FOUR, SECTION NINE, SECTION 15 AND CHAPTER 22 OF THE ZONING ORDINANCES AS WELL AS CHAPTER 18.
UM, CODE OF ORDINANCES, WHICH CHAPTER 18 IS THE MASSAGE MASSAGE ESTABLISHMENT ORDINANCE THAT WE HAVE.
UM, THE PROS OF OPTION ONE WOULD BE THAT IT WOULD REQUIRE A PUBLIC PROCESS FOR APPROVAL AND IT PROVIDES AN OPTION TO REZIP.
WE REVOKE THE CERTIFICATE OF OCCUPANCY IF IT'S NOT IN COMPLIANCE WITH THE ZONING, UM, THE CONS WOULD BE THAT THE PROCESS MAY TAKE, UH, THREE MONTHS OR LONGER FOR APPROVAL OR DISAPPROVAL.
UM, AND THAT IT, THERE'S NOT A PROCESS TO, UM, INSPECT THE BUSINESS, UM, ANNUALLY OR PERIODICALLY WITH THIS.
UM, SO VIOLATIONS WILL BE REPORTED ON A CASE BY CASE BASIS AND THEN FOR OPTION TWO, UM, THE SECOND OPTION WOULD BE TO CREATE A MASSAGE ESTABLISHMENT PERMIT.
UM, AND THIS WILL BE REQUIRED PRIOR TO THE LOCATION OF ANY MASSAGE ESTABLISHMENT WITHIN THE CITY.
IT WOULD REQUIRE AMENDMENTS TO SECTION FOUR, SECTION SEVEN AND SECTION SEVEN EIGHT OF THOSE ZONING CODE OF ORDINANCES, AND THEN CHAPTER 18, UM, UH, ORDER CODE OF ORDINANCES FOR MASSAGE ESTABLISHMENTS.
SO FOR APPROVAL UNDER THIS OPTION, THE MASSAGE BINS WOULD BE REQUIRED TO BE USED, SUBMITTED AS PART OF THE STANDARD BUILDING PERMIT REVIEW PROCESS.
AND IT WOULD PROVIDE FOR ANNUAL OR PERIODIC INSPECTIONS FOR ALL ESTABLISHMENTS AND ISSUANCE AND RENEWAL OF THEIR PERMIT IS SPECIFIC TO THE INDIVIDUAL BUSINESS.
UM, A BENEFIT WOULD BE THAT IT WILL ALLOW US TO REVOKE THE PERMIT IF IT'S NOT IN COMPLIANCE WITH THEIR REQUIREMENTS, BUT, UM, AN OPPORTUNITY FOR THIS WOULD BE SETTING UP A WORKFLOW FOR PERIODIC INSPECTIONS.
SO STAFF IS RECOMMENDING APPROVAL OF OPTION NUMBER TWO, AND THAT CONCLUDES MY REPORT.
ARE THERE ANY QUESTIONS? WHY DON'T YOU FAVOR OPTION TWO OVER POINT? SO WITH OPTION TWO, IT, UM, IT ALLOWS FOR PERIODIC INSPECTIONS AND IT DOESN'T TAKE A THREE-MONTH PROCESS FOR APPROVAL.
SO WITH OPTION ONE, ANY BUSINESS THAT IDENTIFIES AS A MASSAGE ESTABLISHMENT IS REQUIRED
[00:35:01]
TO HAVE A ZONING APPROVAL.SO ANY BUSINESS LOOKING TO RELOCATE TO THE CITY OF MISSOURI CITY WOULD HAVE TO COME TO YOU ALL FOR A PUBLIC HEARING, AND THEN THEY WOULD HAVE TO GO TO CITY COUNCIL FOR A PUBLIC HEARING, AND IT'S NOT A GUARANTEED APPROVAL.
UM, IT REQUIRES BUSINESSES TO TAKE OUT LEASES FOR SOMETHING THAT THEY DON'T EVEN KNOW THAT THEY COULD OPERATE FOR A PERIOD OF TIME.
UM, AND THEN WITH OPTION ONE, THE, UH, ZONING DESIGNATION STAYS WITH THE LAND.
SO IF SOMEBODY COMES IN TO GET AN SUP, UM, FOR THAT AREA, IT STAYS WITH IT INSTEAD OF WHAT THE BUSINESS.
SO IF THEY OPERATING AND THEY WANT TO RELOCATE, THEN THEY HAVE TO GO THROUGH THE REZONING PROCESS ALL OVER AGAIN.
UM, WITH OPTION TWO, IT'S MORE, UM, I BELIEVE LIKE BUSINESS FRIENDLY.
SO ANYBODY THAT IDENTIFIES AS A MASSAGE ESTABLISHMENT BUSINESS, ALL THEY WOULD DO IT WAS, WOULD BE SUBMIT A PERMIT APPLICATION DURING THE REVIEW PROCESS.
UM, AND THEN THERE WOULD BE A SET UP FOR PERIODIC INSPECTIONS.
THEY WOULD STILL HAVE TO COMPLY WITH ALL OF THE REQUIREMENTS THAT WE'VE SET OUT, AND THAT WOULD BE PART OF THE INSPECTION PROCESS.
UM, AND SO, BUT JUST BELIEVE IT'S MORE BUSINESS FRIENDLY.
ONE QUESTION, HOW MANY MASSAGE PARLORS DO WE HAVE HERE ALREADY APPROVED? UH, STABLISH IN MISSOURI CITY.
MY NAME IS RHONDA KURKENDAHL AND I WORK WITH THE DH HUMAN TRAFFICKING TEAM.
WE DON'T HAVE A GOOD NUMBER OF THE ACTUAL ILLICIT MASSAGE BUSINESSES, UM, THAT ARE IN MISSOURI CITY.
UM, IT IS A CRIME THAT'S DONE IN SECRET.
UM, THERE IS A WEBSITE THAT IS REVIEWED BY SEX BUYERS AND ON THAT WEBSITE, THERE ARE 13 BUSINESSES THAT ARE LISTED AS ILLICIT MASSAGE BUSINESSES WITHIN MISSOURI CITY.
UM, I KNOW THAT IN JANUARY I WAS GIVING A PRESENTATION TO THE MAYORS, UM, YOUTH LEADERSHIP COUNCIL.
AND AS SOON AS THAT PRESENTATION WAS OVER, UM, I GOT TUGGED ON THE SHOULDER AND SAID, HEY, THEY'RE DOING A STING ACROSS THE STREET RIGHT HERE.
I'M ON AN ILLICIT MASSAGE BUSINESS.
AND THAT WAS OPERATION, UM, LAVENDER, UM, WHICH WAS THE, UM, OPERATION THAT THE DA'S OFFICE WAS DOING.
SO, UM, ILLICIT MASSAGE BUSINESSES ARE FOUND ACROSS, UM, FOR COUNTY IN ALL OF OUR CITIES.
SO I WILL SAY THAT THAT IS A, UM, THAT'S AN UNDERESTIMATE.
THAT IS THE NUMBER THAT'S FOUND ON ONE WEBSITE.
THAT'S A REVIEW WEBSITE FROM SEX BUYERS.
SO THOSE ARE, I CAN SAY THIS THERE'S 13 IDENTIFIED, BUT THERE'S, THERE'S MORE OF THEM.
OH, LEGITIMATE MASSAGE BUSINESS, PERMANENT MASSAGE, PERMANENT IMPROVED.
WE WOULD, WE WOULD HAVE TO PULL THAT NUMBER, UM, CAUSE WE DON'T, WE DON'T TYPICALLY TRACK IT, UM, AT THAT LEVEL.
UM, SO WE CAN PULL THAT NUMBER AND BRING IT BACK TO YOU HAVE AN EXISTING PERMIT.
YOU COULD RENEW IT EVERY YEAR AND THE RIGHT, RIGHT NOW, A MASSAGE ESTABLISHED ADMINISTRATOR, JUST LIKE ANY OTHER BUSINESS.
UM, SO THEY'RE NOT, THERE'S NOT A SEPARATE MASSAGE ESTABLISHMENT PERMIT.
UM, SO ONCE THEY HAVE THEIR CERTIFICATE OF OCCUPANCY, UM, THEN THEY OPERATE IN ACCORDANCE WITH, UH, THAT CERTIFICATE OF OCCUPANCY.
SO THE, THE, UH, REGULATIONS THAT THE CITY HAS ADOPTED THAT ARE IN CHAPTER 18 OF THE CODE OF ORDINANCES, UM, GIVES AUTHORITY, UM, FOR AN INSPECTION TO TAKE PLACE YOU UPON REPORT OR FUN SUSPICION, UM, THAT, UH, THERE'S VIOLATIONS IN ACCORDANCE WITH THAT SECTION.
SO ALL OF THOSE REGULATIONS THAT ARE IN, UH, CHAPTER 18, UM, I BELIEVE THERE'S HOURS OF OPERATION, UM, IN THERE.
UM, THERE ARE RULES IN TERMS OF THE CLEANLINESS, UM, OF THOSE FACILITIES AS WELL.
UM, IF THERE'S A REPORT FROM THE PUBLIC OR IF THERE'S A SUSPICION, UM, THAT SOMETHING IS NOT A COMPLIANCE, THAT CHAPTER GIVES, UM, A POLICE OFFICER LAW ENFORCEMENT, UM, IT ALSO AUTHORIZES OUR HEALTH INSPECTORS, UH, TO BE ABLE TO GO IN AND INSPECT IT IN ACCORDANCE WITH THAT.
UM, SO WHAT THIS WOULD DO IS IT WOULD PULL IT OUT.
SO IT'S SIMILAR TO THINK IN TERMS OF LIKE THE HEALTH PERMIT.
UM, SO FOOD ESTABLISHMENTS IN THE CITY, UM, THEY GO THROUGH A PERMIT PROCESS TO OCCUPY A SPACE, BUT THEY ALSO PULL A HEALTH PERMIT THAT THEY HAVE TO RENEW ANNUALLY.
AND SO THAT HEALTH PERMIT THAT THEY RENEW ANNUALLY, THEY GET INSPECTED BASED ON COMPLIANCE WITHIN THAT PERIOD OF TIME.
SO THIS WOULD BE A PERMIT SIMILAR TO THAT ON TOP OF AN OCCUPANCY PERMIT THAT THEY WOULD BE ISSUED, UM, TO OCCUPY THE SPACE THAT THEY'RE OPERATING IN.
WILL THIS BE RETROACTIVE FOR THE EXISTING BUSINESSES? NO.
AND I'LL LET, UH, JOE, IF YOU WANT TO WEIGH IN ON THE LEGALITY OF THAT, THANK YOU, SIR.
MS. OPPORTUNITY ON THE ANNUAL INSPECTIONS,
[00:40:01]
WHO WOULD BE DOING THE INSPECTIONS, THE CITY STAFF WOULD BE, UM, DOING THOSE INSPECTIONS CURRENTLY, BECAUSE THIS WOULD BE A NEW PROCESS.UM, BUT IT WOULD BE PART OF SETTING UP THE AMENDMENTS TO CHAPTER 18 WOULD BE TO, UM, CREATE THE MASSAGE ESTABLISHMENT APARTMENT AND THEN ALSO CREATING NOT, UM, WORKFLOW THAT WOULD REQUIRE THOSE INSPECTIONS THAT WOULD BE DONE BY CITY STAFF.
SO AS JENNIFER WAS MENTIONING EARLIER, THOSE SET UP WITH HEALTH RIGHT NOW AS THEY DO, THEY DO TO ANNUALLY.
SO IT WOULD FOLLOW SOMETHING SIMILAR TO THAT, UM, WHO DOING THE TWO ANNUALLY RIGHT NOW, OUR HEALTH INSPECTORS, THAT THIS WOULD NOT BE FOR FOOD ESTABLISHMENTS.
SO WITH THE ANNUAL INSPECTIONS, IT WOULD COME UNDER YOUR JURISDICTION, JENNIFER, YOUR STAFF, YOU SAID CITY STAFF, WHO WOULD THAT BE? SO WE, WE WOULD HAVE TO DEFINE THROUGH A WORKING GROUP.
SO ONE OF THE THINGS TO KEEP IN MIND FOR THE COMMISSION IS BETWEEN THE OPTIONS.
IF THE CITY PROCEEDS FORWARD WITH CHANGES TO THE CODE OF ORDINANCES THAT DOESN'T COME UNDER, UH, THE COMMISSIONERS, UM, PURVIEW, THAT'S GONNA GO STRAIGHT TO CITY COUNCIL, UM, FOR ADOPTION.
SO WE WOULD HAVE TO DEFINE, UM, WHO WOULD BE RESPONSIBLE FOR THOSE AREAS BASED ON WHAT THOSE REGULATIONS ARE.
UM, SO THERE'S CERTAIN REGULATIONS THAT AREN'T APPROPRIATELY ENFORCED, UM, BY A HEALTH INSPECTOR OR BY A CODE ENFORCEMENT OFFICER.
UM, IT'S MORE APPROPRIATE FOR A LAW ENFORCEMENT OFFICIAL TO ENFORCE THOSE REGULATIONS.
UM, SO WE WOULD HAVE TO LOOK WHAT THOSE REGULATIONS ARE THAT ARE BEING IMPOSED, UM, TO DETERMINE WHERE IT'S BEST SITUATED.
UM, FOR THE ENFORCEMENT SIDE, THERE'LL BE A INSPECTIONS ARE RIGHT NOW, NOT CLEARLY DEFINED WHO WOULD BE DOING THEM, WHO WOULD HAVE THE AUTHORITY TO DO THEM BASED ON YOUR OPTION TO KNOW.
AND SO THAT'S CLEAR AND YOU WOULD GO THROUGH, YOU'RE SAYING CITY COUNCIL WOULD MAKE THAT DETERMINATION, WHAT GUIDELINES.
SO THIS IS, THIS IS A PRELIMINARY REPORT, UM, YOU KNOW, PRESENTING, UH, THESE OPTIONS.
SO, UM, WHAT, UH, RHONDA BROUGHT FORWARD WAS A REQUEST TO, UH, FOR THE CITY TO CREATE A SCREEN, JUST WENT ON, UM, FOR THE CITY TO CREATE A, UH, A REQUIREMENT FOR SPECIFIC USE PERMIT APPROVAL, UM, BECAUSE THAT'S THE REGIONAL APPROACH, UM, THAT THEY'RE ASKING, UM, COMMUNITIES IN FORT BEND COUNTY TO DO COLLECTIVELY.
UM, BUT COMMUNITIES TREAT SPECIFIC USE PERMITS, CONDITIONAL USE PERMITS DIFFERENTLY.
UM, SO FOR FULL SHIRT, THEIR SPACE, THEIR CONDITIONAL USE PERMIT IS MORE LIKE A PERMIT.
UM, THAT IS AN ADMINISTRATIVE APPROVAL.
IT DOESN'T GO THROUGH A PUBLIC HEARING PROCESS, UM, IN RICHMOND THAT ADOPTED A CONDITIONAL USE PERMIT APPROVAL FOR THIS.
UM, IT'S A ZONING PROCESS FROM MISSOURI CITY.
THE WAY THAT MISSOURI CITY USES SPECIFIC USE PERMITS, IT'S A ZONING PROCESS THAT, UM, REQUIRES, OR THAT IS TIED TO THE LAND.
UM, SO IT'S, IT'S THE GOAL OF WHAT THEY'RE TRYING TO ACCOMPLISH WITH THIS MEASURE IS TIED TO ZONING, BUT NOT NECESSARILY CHANGING THE LAND OR CHANGING THE LAND REGULATIONS.
SO THE RECOMMENDATION THAT WE ARE PUSHING IS TO CREATE INSTEAD A MASSAGE ESTABLISHMENT PERMIT THAT PAIRS MORE WITH, UM, THE GOAL OF WHAT WE'RE TRYING TO DO REGIONALLY.
UM, SO IT PROVIDES THE OPPORTUNITY FOR OVERSIGHT.
IT PROVIDES THE OPPORTUNITY FOR REGULATIONS TO BE APPLIED SPECIFIC TO MASSAGE ESTABLISHMENT.
UM, BUT IT DOESN'T MAKE THE PROCESS SO CUMBERSOME OR BURDENSOME, UM, THAT WE'RE, UM, YOU KNOW, PUSHING OUT LEGITIMATE, UM, ESTABLISHMENTS FROM, UH, BEING ABLE TO LOCATE WITHIN THE CITY.
SO I SAY THAT TO SAY, WOW, I SAY THAT'S THE SAME IN CONCLUSION FOR YOUR QUESTION ON INSPECTIONS.
UM, SO ONCE WE HAVE THE RECOMMENDATIONS ON, UH, THE REGULATIONS IN PLACE, UM, THEN WE CAN DETERMINE WHERE THAT WOULD BE APPROPRIATELY SET, UM, ON THE STAFF SIDE.
AND THAT'S JUST FOR THE ANNUAL INSPECTION THAT YOU'RE TALKING ABOUT.
BECAUSE SECTION 18 DASH 19, IT ALL IT SAYS ACCESS FROM RIGHT.
OF ENTRIES BY A PEACE OFFICER.
SO, BUT YOU'RE TALKING ABOUT LIKE, AND ON DEMAND, THAT'S ON DEMAND.
ACROSS FORT BEND COUNTY, THE MAJORITY OF THE CITIES HAVE BEEN GOING WITH OPTION ONE, BUT MS. GOMEZ HAS OFFERED OPTION TWO AND THE REAL DIFFERENCES IN OPTION ONE, THE ONUS TO FIND THESE ELICIT BUSINESSES FALLS ON THE COMMUNITY.
PEOPLE REPORTING SOMETHING AS THEY SEE IT AND OPTION NUMBER TWO, THERE ARE CITY PROTOCOLS AND STUFF THAT YOU CAN GO IN ONCE A YEAR.
AND IT REALLY WILL ONLY TAKE A VISIT ONE TIME TO SEE THAT SOMETHING IS NOT RIGHT.
ONCE YOU LEARN WHAT ILLICIT MASSAGE BUSINESSES ARE, YOU CAN PICK THEM OUT.
ARE YOU, WHICH OPTION DO YOU FEEL MORE COMFORTABLE WITH? I'M GOING TO DEFER TO JENNIFER Y'ALL ARE ACTUALLY GOING TO BE THE STARS
[00:45:01]
OF FORT WAYNE COUNTY, BECAUSE ONCE YOU, ONCE YOU IMPLEMENT THIS REQUIREMENT TO DO AN ANNUAL REVIEW, Y'ALL ARE GOING TO BE CLOSING DOWN THESE ILLICIT MASSAGE BUSINESSES.AND SO RIGHT NOW THE COMMUNITY IS WE'RE HAVING TO REPORT THEM AND TRY TO TAKE ACTION ON THEM.
SO I WOULD SAY OPTION TWO IS BETTER AS FAR AS CLOSING THEM DOWN.
AND IT IS A TWO, UM, IT'S A TWO PRO TWO POINT PROCESS.
WE'RE FIRST IMPLEMENTING ALL THESE ORDINANCES.
AND THEN WE WANT TO COME BACK AND WORK TO SHUT THE ONES DOWN THAT ALREADY EXISTS.
AND SO WE CAN'T DO THAT UNTIL WE HAVE THESE ORDINANCES IN ALL OF THE CITIES ACROSS FORT BEND COUNTY, BECAUSE IF WE SHUT IT DOWN HERE, IT'S GOING TO JUST POP UP STAFFORD, IT'S GOING TO POP UP SUGAR LAND.
IT'S JUST GOING TO POP UP SOMEWHERE ELSE.
AND SO THAT'S WHY WE'RE REALLY WORKING HARD, UM, TO DO A REGIONAL APPROACH.
WELL, LET ME SEE IF I'M UNDERSTANDING WHAT, UH, UH, JENNIFER, WHAT YOU WOULD ASK ON US TO DO.
ARE YOU ASKING US TO TAKE ANY ACTION ON EITHER ONE OF THESE OPTIONS TONIGHT? OR SHOULD WE WAIT UNTIL YOU HAVE THE INFRASTRUCTURE OR THE PROCESSES IN PLACE FOR THE ENFORCEMENT PIECE THAT NO.
SO WHERE WE ARE ASKING YOU TO, UH, VOTE ON OPTION ONE OR OPTION TWO A TONIGHT SO THAT WE CAN BRING BACK TO YOU, THOSE RECOMMENDED REGULATIONS, UM, BECAUSE DEPENDING ON THE OPTIONS, WE'LL DETERMINE WHERE, UH, THE AMENDMENTS TO THE CODE WILL, WILL FALL.
UM, AT THE END OF THE DAY, UM, WE ARE GOING TO BE MAKING SOME AMENDMENTS TO THE ZONING ORDINANCE SO THAT WE CAN, UH, SPECIFY A MASSAGE ESTABLISHMENT USE, UM, WITHIN THE ZONING ORDINANCE, BECAUSE RIGHT NOW IT FALLS INTO A GENERIC CATEGORY.
SO IF YOU LOOKED AT THE USES PERMITTED, YOU WON'T FIND MASSAGE ESTABLISHMENT.
UM, SO, UH, OUR RECOMMENDATION IS TO MAKE THOSE AMENDMENTS TO THE ZONING ORDINANCE.
SO YOU HAVE A DEFINITION IN THE ZONING ORDINANCE AND A USE, UH, THAT SPECIFIED IN THE ZONING ORDINANCE.
UM, BUT WE'RE ASKING FOR THE COMMISSION'S RECOMMENDATION ON EITHER OPTION ONE OR OPTION TWO, TWO NIGHT, TWO NIGHTS.
WE ALSO HAVE THE ABILITY TO, TO ADD OR MODIFY AND MAKE SUGGESTIONS TO THIS.
DID YOU HAVE ANYTHING ELSE FOR US IN YOUR REPORT? OKAY.
AND THANK YOU SO MUCH, YOUNG LADY, UH, THIS IS A PUBLIC HEARING.
IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THE COMMITTEE? IS THERE A MOTION IT'S CLOSE.
I'LL TAKE YOUR STICK IF THAT'S OKAY.
SO THE PUBLIC HEARING IS NOW CLOSED.
WE HAVE THE OPTION TO, BUT I THINK REALLY STAFF IS LOOKING MORE THAN JUST, UH, YOU KNOW, WHICH ONE I THINK THAT THEY NEED TO PUT MORE FOCUS ON BECAUSE THEY BOTH INVOLVE SEVERAL SECTIONS ONLY.
I'M NOT SURE WHAT SPECIFICALLY WE, AT THIS POINT WE MIGHT, I DON'T KNOW BECAUSE THEY ARE LOOKING FOR SOMETHING, BUT THEY ALSO ASK FOR RECOMMENDATION.
SO DOES ANYONE SEE ANYTHING ARBITRARILY AS TO WHY WE SHOULDN'T DO OPTION ONE? AND YOU, CAN YOU ADD THINGS THAT ARE IN OPTION ONE TO OPTION TWO, THEN YOU ADD THINGS THAT MAY BE AN OPTION ONE TO OPTION TWO.
IN OTHER WORDS, THE APPROVAL PROCESS, IF THERE WAS SOMETHING IN THAT SECTION THAT YOU WANTED TO ADD, BUT LIKE OPTION TWO, IS THAT POSSIBLE? YEAH.
LIKE THE REQUIREMENTS TO NOTIFY THE PROPERTY.
PROPERTY OWNERS WITHIN 200 FEET AND THEN YES.
ONE OF THE THINGS ABOUT OPTION ONE THAT THE STAFF DOESN'T REALLY LIKE IS THAT IF SOMEBODY COMES IN AND GETS A SPECIFIC USE PERMIT TO OPEN UP THE ESTABLISHMENT, THEY GO OUT OF BUSINESS, LEAVE USE IS STILL THERE.
WHEREAS IF THEY HAVE A PERMIT AND THEY GO OUT OF BUSINESS, THAT PERMIT IS VULNERABLE, BUT YOU'RE NOT, YOU'RE NOT COMMITTING THAT PIECE OF LAND TO ANY SPECIFIC USE.
AND PERSONALLY, I THINK THAT'S MORE IMPORTANT
[00:50:01]
AGAIN, CORRECT.BUT, BUT IF UNDER THAT SAME EXAMPLE, IF THE PUBLIC, UH, REQUIRES NOTICE OF PROPERTY OWNERS WITHIN 200, EVERY TIME A BUSINESS WOULD COME IN, THAT THEY WOULD REQUIRE THAT EVEN THOUGH THE EXISTING BUSINESS, IF THE EXISTING BUSINESS FORFEITS, THEN THEY WOULD HAVE TO COME BACK AND RE REQUEST ANOTHER PERMIT.
I'M TAKING ONE PART OF OPTION ONE, THE APPROVAL PROCESS TO ME.
SO THE ZONING, IF IT'S A SPECIFIC USE PERMIT, THE ZONING STAYS WITH THE LAND.
THAT'S THE POINT? THAT IS THE, THAT'S THE RUB.
THE ZONING GOES WITH THE LAND.
AND IT MIGHT NOT BE WHAT YOU WOULD NEED FOR THE NEXT BUSINESS THAT COMES IN TO THAT LAND.
IT'S PULLING REQUIRES NOTICE TO PROPERTY OWNERS WITHIN 200 FEET PUTTING THAT IN OPTION TWO, CAN'T BE DONE.
UH, WELL, I, I, THAT, SO THAT'S A ZONING PROCESS.
THAT'S NOT A PERMITTING PROCESS.
AND YOU HAVE TO KIND OF FOLLOW THE LINKS ON IT AS WELL.
SO ON THE ZONING SIDE, IT'S REQUIRED BY LAW.
YOU HAVE TO HAVE A PUBLIC HEARING, UM, AND YOU HAVE TO PROVIDE NOTICE TO THOSE PROPERTY OWNERS.
YOU CAN ADD, PROVIDE NOTICE OPTION TO, UM, WHAT I WOULD PUT WITH THAT IS, IS WHAT RESULTS OF THE NOTICE, BECAUSE ON OPTION ONE, THE PUBLIC HEARING, THAT'S THE OPPORTUNITY WHEN THEY GET NOTICED OR NOTICE THAT THERE'S A PUBLIC HEARING.
UM, AND SO THEY COME, UM, AT THAT SPECIFIED TIME OR WITHIN THAT PERIOD, AND THEY CAN PROVIDE COMMENTS.
UM, WHAT THAT RESULTS IN IS ON THE LEGAL SIDE ON THE ZONING IS IF A CERTAIN PERCENTAGE OF THOSE PROPERTY OWNERS WITHIN A CERTAIN DISTANCE PROVIDE WRITTEN PROTEST, THEN IT REQUIRES A SUPER MAJORITY VOTE, UM, OF THE, UM, AUTHORITY IN ORDER FOR THAT ZONING TO BE APPROVED.
SO ALL OF THAT LINKS TOGETHER.
THERE'S A PURPOSE IN THE NOTIFICATION, THERE'S A PURPOSE AND THE PUBLIC HEARING, UM, AND IT'S ALL TIED TO WHETHER OR NOT IT'S APPROVED OR NOT.
UM, YOU CAN PROVIDE THAT NOTICE ON THE PERMIT SIDE.
UM, THERE'S NOT THAT SAME STIPULATION, YOU KNOW, IN TERMS OF A PUBLIC HEARING HAS TO BE REQUIRED BEFORE PERMANENT IS ISSUE.
UM, AND THERE'S NO STIPULATION THAT THIS HAS TO BE DONE, YOU KNOW, DURING THIS TIMEFRAME.
UM, SO THE RESULT WOULD BE IF YOU HAVE A REQUIREMENT FOR NOTIFICATION ON THE PERMIT SIDE THAN ON THE PROCESS SIDE, THAT NOTIFICATION HAS TO GO OUT AT SOME POINT, BUT THEN THAT INFORMATION COMING IN AND THE COMMENTS COMING IN THERE NEEDS TO BE, YOU KNOW, A FORMAT IN WHICH THAT'S, YOU KNOW, CONSIDERED.
SO, SO THAT'S, THAT'S THE, YOU KNOW, YOU HAVE TO KIND OF THINK ABOUT, YOU KNOW, WHERE THAT WOULD TIE TOGETHER AND JUST IN SHORT, JUST TO SUM IT UP, IT JUST, JUST IN SHORT SHORT, WHAT SHE'S BASICALLY SAYING IS THAT, UM, PUBLIC HEARINGS ARE BASICALLY TIED TO ZONING CHANGES OR AMENDMENTS OR THINGS LIKE THAT.
IT FINDS WITH THE LAND OR THE S SO TO SPEAK.
SO I DON'T THINK THAT OPTION NOT NECESSARILY WITH THE BUSINESS LAN
SO WHERE WE ARE IS OPTION ONE OR OPTION TWO I HAVE A MOTION BY MR. HANEY AND A SECOND BY MR. BRIGHTWELL.
IS THERE ANY FURTHER DISCUSSION? MY UNDERSTANDING AFTER THIS VOTE IS TAKEN, WHAT HAPPENS NOW? IT WILL BE FORWARDED ON TO CITY COUNTS.
IT'S GOING TO COME BACK TO THE PRESS, RIGHT?
ANY FURTHER DISCUSSION QUESTIONS, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.
ANY NAYS OR THOUGHTS? EVERYBODY'S HAND.
[00:55:01]
OKAY.UM, WE HAVE NO OTHER, UH, BUSINESS MATTERS BEFORE US OF THIS EVENING.
IS THERE A MOTION TO ADJOURN? THANK YOU, MS. LUCAS, IS THERE A SECOND? SECOND.
THANK YOU, MS. OVERTON, ALL THOSE IN FAVOR.
AT NIGHT, EVERYONE AND NIGHTS LET'S PREDICT FAN.