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THANK YOU. SO I'LL TURN MY MICROPHONE ON. GATHERED MY THOUGHTS

[00:00:10]

HERE. THE. WEDNESDAY, MARCH 12TH, 2025 PLANNING AND ZONING COMMISSION MEETING IS CALLED TO ORDER.

[1. CALL TO ORDER]

WE ARE MISSING TWO COMMISSIONERS. RIGHT? OR THREE? WE'RE MISSING THREE COMMISSIONERS TONIGHT. OKAY.

AND WE AND WE HAVE OUR NEWEST MEMBER TONIGHT SITTING ON THE BOARD.

WELCOME. THANK YOU. ALL RIGHT MOVING ON. READING OF THE MINUTES.

[3. READING OF MINUTES]

BUT YOU'RE GOING TO MAKE. WE HAVE A MOTION. AND A SECOND.

AND THEY THEY WERE UPDATED, RIGHT? OKAY. THERE WAS I POINTED OUT AN ERROR THAT HAS BEEN UPDATED, BUT IT WAS VERY MINOR. SO SHE HE SHOULD ABSTAIN.

YEAH. YEAH. ALL RIGHT. MOTION CARRIES.

THANK YOU. MOVING ON. COMMISSION REPORTS. CHAIR OF THE PLANNING AND ZONING COMMISSION.

I HAVE NO REPORT. COMMISSIONERS. ANYTHING TO REPORT? SEEING NONE. WE'LL MOVE ON. STAFF REPORTS, DIRECTOR OF DEVELOPMENT SERVICES.

[a. Development Services]

GOOD EVENING. COMMISSIONERS. JUST THREE THINGS I WANTED TO REPORT ON.

ONE IS THE COMPREHENSIVE PLAN. IF YOU NOTICE, ON OUR AGENDA, FOR THE FIRST TIME IN SEVERAL MONTHS, WE DO NOT HAVE AN ITEM ON THE COMPREHENSIVE PLAN.

THAT DOES NOT MEAN THAT WE'RE WALKING AWAY FROM THE COMPREHENSIVE PLAN.

IT MEANS THAT WE'RE GOING TO BE SCHEDULING A SPECIAL MEETING FOR THE DISCUSSION RELATED TO THE FINDINGS AND RECOMMENDATIONS.

SO I BELIEVE THE MESSAGE HAS GONE OUT TO POLL FOR DATES.

IF NOT, THAT MESSAGE WILL GO OUT. WE ARE LOOKING AT THE LAST WEEK IN MARCH, FIRST WEEK IN APRIL, TO CONVENE THE COMMISSION FOR A SPECIAL MEETING.

SO PLEASE GO AHEAD AND LOOK AT YOUR CALENDARS.

IT WOULD STILL BE IN THE EVENING WITH PROBABLY A 6:00 PM START TIME.

BUT PLEASE LOOK AT YOUR CALENDARS, LET US KNOW DATES THAT YOU ARE ABSOLUTELY UNAVAILABLE FOR.

AND THIS WOULD BE A JUST FOR THE COMMISSION. WE WILL BE TAKING THIS TO COUNCIL.

EXPECTED IN APRIL AS WELL. AND THEN WE'LL CONVENE BOTH BODIES TOGETHER FOLLOWING THAT.

SO GO AHEAD AND LOOK AT YOUR CALENDARS LAST WEEK IN MARCH.

FIRST WEEK IN APRIL TO LET US KNOW WHAT YOUR AVAILABILITY LOOKS LIKE.

SECOND THING IS WE HAVE A TRAINING OPPORTUNITY FOR 1 TO 2 COMMISSIONERS.

WE HAVE HAD ONE, AT LEAST ONE THAT HAS RESPONDED RESPONDED.

TEXAS A&M AGRICULTURAL EXTENSION PROGRAM. THEY DID THE CHARM EXERCISES WITH THE COMMISSION LAST YEAR.

THEY HAD DONE ONE WITH STAFF WHERE THEY DID THE TABLETOP KIND OF EXERCISE.

THEY'RE DOING A SIX WEEK COURSE ON PLANNING AND LOCAL GOVERNMENTS, AND THEY HAVE AN AGENDA THAT WILL COVER SEVERAL TOPICS THAT MIGHT BE VERY PERTINENT TO WHAT WE'RE EXPERIENCING AND DEALING WITH AT THIS TIME.

SO WE ARE LOOKING AT SENDING AT LEAST TWO COMMISSIONERS OR MAKING IT AVAILABLE FOR AT LEAST TWO COMMISSIONERS TO PARTICIPATE.

IT IS ON WEDNESDAYS BEGINNING IN APRIL, SO IT'S SIX WEEKS FROM APRIL TO MAY, MID TO, I THINK LATE MAY.

IS THAT TIMING? AND SO TAKE A LOOK AT THAT EMAIL.

LET US KNOW IF YOU'RE AVAILABLE AND INTERESTED IN GROWING.

WE WANT TO LIMIT IT TO TWO, BECAUSE WE DO HAVE A P AND Z DATE IN THERE, AND WE NEED TO MAINTAIN QUORUM FOR THAT MAY MEETING.

BUT GO AHEAD AND TAKE A LOOK AT THAT EMAIL. VANESSA SENT THAT OUT, I BELIEVE, YESTERDAY, AND LET US KNOW WHAT YOUR INTEREST AND AVAILABILITY IS FOR THAT.

AND THEN FINALLY WANT TO INTRODUCE YOU ALL TO A NEW STAFF MEMBER.

JUSTIN PULLIAM IS HAS JOINED US AS A SENIOR PLANNER IN OUR OFFICE.

AND SO JUSTIN COMES WITH SEVERAL YEARS OF PLANNING EXPERIENCE WORKING MOST RECENTLY WITH HARRIS COUNTY IN DIFFERENT CAPACITIES AND ALSO FOR WITH THE PRIVATE SECTOR. AND SO JUSTIN HAS COME IN AND HIT THE BALL RUNNING AND IS WORKING ON SEVERAL PROJECTS WITH OUR TEAM, AND WE THINK HE WILL BE A GREAT ADDITION AND SUPPORT FOR THE COMMISSION.

SO I'LL LET JUSTIN SAY HELLO TO YOU ALL. GOOD EVENING COMMISSIONERS.

IT'S AN HONOR TO JOIN THE CITY OF MISSOURI CITY AS A SENIOR PLANNER.

AND THANK YOU SO MUCH, DIRECTOR, FOR ALLOWING ME TO JOIN DEVELOPMENT SERVICES AND JOIN THE TEAM.

[00:05:03]

THANK YOU. WELCOME, WELCOME. THANK YOU. AND THAT'S THE 011 LAST.

IF WE CAN GO TO THE NEXT. PICTURE. SO THIS IS ONE OF THE PICTURES WE THINK COMMUNICATIONS DID AN EXCELLENT JOB IN CAPTURING THE COMMISSION. SO THIS IS THE 2025 PICTURE.

NOW THIS IS THE COMBINED PICTURE. WE DO ALSO HAVE THE PICTURE OF JUST THE COMMISSION AS WELL.

AND SO WE'LL LET PROVIDE THAT FOR YOU ALL. SO YOU HAVE IT.

BUT WE'LL USE THAT YOU KNOW IN COMMUNICATION AND IN SUPPORT OF THE COMMISSION.

BUT JUST WANTED TO GIVE YOU GUYS THAT VIEW OF HOW THE PICTURE TURNED OUT.

ALL RIGHT. THAT'S ALL I HAVE. THANK YOU. OKAY.

THEN WE WILL MOVE ON TO ENGINEERING REPORTS. EVERYONE'S RIGHT.

THANK YOU. ALL RIGHT. ITEM SIX. PUBLIC COMMENT.

DO WE HAVE ANYBODY THAT HAS SIGNED UP? THEN WE WILL MOVE ON THEN.

ITEM SEVEN THE CONSENT AGENDA. NUMBER ONE, CONSIDER AN APPLICATION OF A PRELIMINARY PLAT OF STAMFORD PARK.

[a. CONSENT AGENDA]

ITEM TWO. CONSIDER AN APPLICATION OF A PRELIMINARY PLAT OF HARMONY SCHOOL, MISSOURI CITY.

CONSIDER AN APPLICATION OF A PRELIMINARY PLAT OF SIENNA TOWN CENTER COMMERCIAL SITE.

NUMBER FOUR CONSIDER AN APPLICATION OF A PRELIMINARY PLAT OF OWEN BEND DRIVE.

PHASE ONE STREET DEDICATION. NUMBER FIVE. CONSIDER AN APPLICATION OF A PRELIMINARY PLAT OF SIENNA SPRINGS WAY.

PHASE TWO. NUMBER SIX. CONSIDER AN APPLICATION OF A FINAL PLAT OF WESTON RIDGE ESTATES AND NUMBER SEVEN CONSIDER AN APPLICATION OF A FINAL PLAT APPLICATION FOR SIENNA. SECTION 81. CHAIRMAN, I'D LIKE TO PULL ITEM NUMBER TWO OFF OF THE AGENDA.

OKAY, SO WE'LL PULL ITEM TWO AND DISCUSS THAT ONE SEPARATELY.

DO I HAVE A MOTION FOR THE REST OF THEM? SO WE NEED TO GO. WE'RE GOING TO VOTE ON THE CONSENT AGENDA AND THEN DO A HARMONY.

SHE'S GOT A YEAH, SHE'S GOT IT. OKAY. OKAY. NOW YOU SHOULD BE ABLE TO MAKE A MOTION.

WE HAVE A MOTION AND A SECOND. GO AHEAD AND CAST YOUR VOTES, PLEASE.

OKAY. MOTION CARRIES. THANK YOU. GEMMA. YOU'RE UP.

[2. Consider an application of a preliminary plat of Harmony School Missou...]

THERE WE GO. THANK YOU. OKAY. THE REQUEST TO PULL HARMONY SCHOOL, MISSOURI CITY PRELIMINARY PLAT FROM THE CONSENT AGENDA A IS SO THAT WE CAN ADD THE ENGINEERING COMMENT AND ADDITIONAL ENGINEERING COMMENT, WHICH WOULD BE TO FOR THE CONDITION OF PRELIMINARY UTILITY PLAN WITH CALCULATIONS MUST BE PROVIDED IN ACCORDANCE WITH THE SECTION 2D 19, AND THE CORRECTIVE ACTION WOULD BE THAT THE SUBJECT PLANT IS LOCATED WITHIN THE MUSTANG BAYOU SERVICE AREA. A REQUEST FOR UTILITY CAPACITY IS REQUIRED TO BE SUBMITTED PRIOR TO THE PRELIMINARY PLAT APPROVAL, AND SUCH REQUESTS WILL IDENTIFY IMPACT FEES REQUIRED FOR THE PROPOSED DEVELOPMENT, AND THAT IS THE PURPOSE FOR COMING OFF OF THE CONSENT AGENDA.

OKAY. SO IS THAT EVERYBODY UNDERSTAND WHAT WHAT HAPPENED HERE? THERE WAS A COMMENT ABOUT THE MUSTANG BAYOU IMPACT FEES.

AND THEY WANTED TO ADD THAT TO THE TO THE COMMENTS THAT GO BACK TO THE APPLICANT.

OKAY. OKAY. ANY QUESTIONS OR DISCUSSION FURTHER.

SEEING NONE, I'LL ENTERTAIN A MOTION. OKAY.

IT'S NOT WORKING. NOT WORKING. THE SYSTEM DOESN'T UNDERSTAND PULLING ITEMS, DOES IT? WE'RE GOING TO DO IT THE OLD FASHIONED WAY. I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION. SECOND THE MOTION. ALL RIGHT.

WE HAVE A MOTION. AND A SECOND. ALL IN FAVOR? AYE. AYE. OPPOSED? ABSTAIN. NONE. ALL RIGHT. THANK YOU.

ALL RIGHT, THEN, WE WILL MOVE ON. ITEM B HAS BEEN WITHDRAWN.

AND ITEM C, THE ROTHWELL VARIANCE. CONSIDERING APPLICATION OF A VARIANCE FROM SECTION 82.7,

[c. Rothwell Variance]

CHAPTER 82 OF THE CITY CODE OF ORDINANCE TO ALLOW FOR THE APPROVAL OF A FINAL PLAT AND AND FILING OF SUCH FINAL PLAT FOR RECORD PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. OCCUPANCY FOR THE PROPERTY. HAVING.

BLAH BLAH BLAH BLAH. FORT BEND CENTRAL DISTRICT.

I'M NOT GOING TO READ THAT LONG. THAT LONG NUMBER.

[00:10:04]

OKAY. OKAY. SO THE PROPERTY IS IDENTIFIED AS 1937 ROTHWELL STREET AND IT IS LOCATED OFF OF ROTHWELL AND FIFTH STREET.

ROTHWELL IS A STREET THAT COMES TO AN END. IT HAS ABOUT I WANT TO SAY 14 LOTS ON THERE AND MAYBE HALF OF THEM ARE DEVELOPED. SO THE PROPERTY OWNER SUBMITTED PLANS TO BUILD A HOME IN NOVEMBER, AND THE CITY APPROVED THOSE PLANS AND GAVE HIM THE PERMITS. BUT AFTER THE DEVELOPMENT SERVICES TEAM DID A REVIEW, WE NOTED THAT A PLAT HAD NOT BEEN RECEIVED FOR THIS PROPERTY, SINCE THIS IS PART OF THE OLDER PART OF MISSOURI CITY, AND IT HAD NEVER BEEN PLATTED AS LONG AS IT'S BEEN PART OF THE CITY LIMITS.

SO WE PUT A HOLD ON THE PLANS AND THE PERMIT SO THAT THEY COULD START WORKING ON THE PLAT, BUT THE APPLICANT WOULD LIKE TO MOVE FORWARD WITH THE CONSTRUCTION WHILE HE IS GOING THROUGH THE PLANNING PROCESS, JUST SO THAT HE DOESN'T LOSE OUT ON THE TIME AND THE DEVELOPMENT THAT HE'S DONE SO FAR.

THE ZONING IS IN PLACE FOR THIS PROPERTY. IT'S ALREADY ZONED FOR A RESIDENTIAL UNIT, AND ALL OF THE UTILITIES ARE ALSO IN PLACE.

AND THE APPLICANT IS HERE, MR. JOSEPH, AND SO IS THE PROJECT MANAGER, MR. GOMEZ. IF YOU HAVE ADDITIONAL QUESTIONS FOR THEM.

JOE, DO YOU HAVE ANYTHING THAT, INASMUCH AS IT'S THE APPLICANT'S REQUEST OF THIS BODY FOR A VARIANCE, THEN IT'S PERTINENT THAT HE MAKE THE VARIANCE REQUEST AND IT DOES NOT COME FROM STAFF.

IT HAS TO COME FROM THE APPLICANT FOR THE VARIANCE.

THIS IS NOT THE CITY'S REQUEST FOR A VARIANCE.

OKAY. BUT I DIDN'T KNOW IF YOU HAD ANYTHING TO ADD TO IT.

I DIDN'T HAVE ANYTHING TO ADD EXCEPT THAT COMMENT, SO.

OKAY. I THINK YOU SHOULD HEAR FROM THE OKAY FROM THE APPLICANT.

ALL RIGHT. SO LEGAL'S RECOMMENDED THAT WE HEAR FROM THE APPLICANT.

IF YOU WOULD COME FORWARD AND I GUESS STATE YOUR CASE.

THANK YOU, MISS GRACE. THANK YOU. COMMISSIONERS.

YEAH. WE GOOD EVENING GUYS. MY NAME IS ROBERT GAMEZ.

I'M ONE OF THE ENGINEERS ALSO FOR THIS PROJECT.

AND ACTING AS A PM, BUT WE WE STARTED WITH THE PROJECT ON AN APPROVED PERMITS.

WE PULLED THE PERMITS. EVERYTHING WAS IN ORDER UNTIL WE GOT NOTIFIED THAT THIS LAND HAD NOT BEEN PLOTTED OR SO WE STOPPED. YOU KNOW, THE RECOMMENDATION WAS TO STOP AFTER THE RECOMMENDATION WAS TO STOP FROM THE MISSOURI CITY.

WE ACTUALLY STILL CONTINUE TO DO CLEANUPS ON SITE, JUST TO MAKE SURE THAT WE PUT EVERYTHING ON HOLD UNTIL THE PLOT WAS WAS ADDRESSED.

THE INFORMATION WAS SUBMITTED RIGHT AWAY, BUT WE DIDN'T MAKE THE CUTOUT FOR TODAY'S PLOT OR REVIEW FOR THAT TO TAKE PLACE.

SO WE ARE IN THE PROCESS OF TURNING EVERYTHING IN FOR THE NEXT MEETING.

BUT IN THE MEANTIME, WE SPOKE WITH MRS. GRACE ABOUT SUBMITTING A VARIANCE.

AND THIS IS WHAT WE HAVE, AND THAT'S WHAT YOU HAVE PRESENTLY IN FRONT OF YOU.

SO IF ANY QUESTIONS BEHIND THAT, IT'S BASICALLY AS SIMPLE AS IT GETS.

BUT WE WOULD LIKE TO CONTINUE THE PROJECT ONLY BECAUSE WE HAVE MOST OF THE MATERIALS ON SITE NOT BEING TOUCHED.

AND, YOU KNOW, WE PROTECT THEM AS MUCH AS WE COULD, BUT OF COURSE, THEY'RE EXPOSED TO THE ELEMENTS. AND AS YOU MAY KNOW, RIGHT NOW, MATERIALS ARE KIND OF VOLATILE, YOU KNOW, WITH WHAT'S GOING ON.

SO WE WOULD LIKE TO CONTINUE JUST TO MAKE SURE THAT WE DON'T LOSE THE INVESTMENT THAT'S BEEN MADE.

OF COURSE, COMPLYING WITH EVERY INSPECTOR THAT'S GOING TO COME IN ON SITE AND APPROVE THE PROCESS.

SO THAT'S BASICALLY OUR REQUEST. IF THAT CAN BE VIABLE, THEN, YOU KNOW, THIS IS WHAT THIS IS OUR PLEA.

OKAY. ANY QUESTIONS OF THE APPLICANT? NO. HE ANSWERED.

HE ANSWERED MINE. OKAY. YEAH. THAT WAS GOING TO BE MY QUESTION.

WHAT WOULD A MONTH. AND YOU DON'T YOU DON'T HAVE TO ANSWER IT AGAIN BECAUSE YOU ALREADY DID. BUT WHAT WOULD A MONTH'S DELAY DO WITH REGARD TO MATERIALS WHICH YOU ALREADY.

YEAH. YEAH. YEAH, ABSOLUTELY. YEAH. IT'S LOOKING OLDER NOW AT THIS POINT IN TIME.

WE HAVE TO NOW BLEACH SOME OF OUR STUDS IF WE CONTINUE WITH THE STUFF ONLY BECAUSE AS YOU KNOW, YOU KNOW IT'S EXPOSED TO THE ELEMENTS. SO, YOU KNOW, WE WANT TO MAKE SURE THAT WE TURN IN A PROJECT THAT IS, THAT IS, THAT IS MADE RIGHT. YOU KNOW, UNDER OUR TRADE.

SO THE CITY DID APPROVE THE THE YES. THE PLANS HAVE BEEN SUBMITTED.

THEY WERE REVIEWED BY THE BUILDING OFFICIAL AND THEY THEY WERE APPROVED BY HIM AND THE PERMITS WERE ISSUED BY.

YES. AND MR. JOSEPH HAS HIRED SOMEBODY TO WORK ON THE PLAT.

I HAVE SPOKEN WITH THEM A FEW TIMES, SO THEY PLAN ON SUBMITTING SO THAT THEY CAN BE ON THE APRIL AGENDA.

THANK YOU, THANK YOU, THANK YOU, THANK YOU, THANK YOU GUYS.

[00:15:03]

THANK YOU FOR YOUR TIME. MISS GRACE THANK YOU JENNIFER. THANK YOU, CHAIRMAN HANEY.

I WILL REMIND THE COMMISSION THAT PURSUANT TO THE ORDINANCE, THE SUBDIVISION ORDINANCE, THAT THE VARIANCE REQUEST IS BEING MADE.

THIS BODY HAS TO MAKE THREE FINDINGS THAT THERE ARE SPECIAL CIRCUMSTANCES AFFECTING THE PROPERTY IN QUESTION, THAT ENFORCEMENT OF THE PROVISIONS OF CHAPTER 82, THE SUBDIVISION ORDINANCE, WILL DEPRIVE THE APPLICANT OF A SUBSTANTIAL PROPERTY RIGHT, AND THAT IF A VARIANCE IS GRANTED, IT WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO OTHER PROPERTY OR PROPERTY RIGHTS IN THE VICINITY. OKAY, SO THAT IS YOUR BURDEN. OKAY, SO YOU ALREADY APPROVED THE PLAN.

I KNOW, BUT LET'S LET'S WALK THROUGH THOSE BECAUSE THIS IS THIS IS A VERY SPECIAL CASE.

OKAY. SO AS THE CITY ATTORNEY HAS STATED IN ORDER FOR US TO CONSIDER APPROVING THIS VARIANCE, WE HAVE TO FEEL THAT THESE THREE CONDITIONS APPLY.

OKAY. THE FIRST BEING SPECIAL CIRCUMSTANCES AFFECTING THE PROPERTY IN QUESTION.

THE SECOND, THAT ENFORCING THE PROVISIONS OF THE THE CODE OF ORDINANCE, WHICH WOULD MEAN TO BASICALLY DENY THE VARIANCE WOULD HAVE A SUBSTANTIAL PROPERTY, RIGHT, WOULD DEPRIVE THE APPLICATION APPLICANT OF A SUBSTANTIAL PROPERTY.

RIGHT. AND THEN THE THIRD ONE BEING, IF THE VARIANCE IS GRANTED, THAT IT WILL NOT MATERIALLY DETER, BE DEBT OUT, BE DETRIMENTAL TO THE PUBLIC WELFARE, OR INJURIOUS TO OTHER PROPERTY OR PROPERTY RIGHTS IN THE VICINITY.

OKAY. I THINK IT MEETS ALL OF THOSE YOU KNOW, SO WE CAN HAVE A DISCUSSION.

OBVIOUSLY, I THINK THE THIRD ONE IS IS PRETTY EASILY TO TO TO CLAIM THE ONLY ONE THAT.

I WOULD HAVE ANY MAYBE RESERVATION OVER IS THE SECOND ONE.

AND BECAUSE THE WAY THE WORDING IS TO DEPRIVE THE APPLICANT OF ANY SUBSTANTIAL OF A SUBSTANTIAL PROPERTY.

RIGHT. DOES IT DOES MATERIAL COST. AND I'M ASKING LEGAL OR LEGAL FRIENDS.

DOES MATERIAL COST FALL UNDER DEPRIVING THE OWNER OF SUBSTANTIAL PROPERTY RIGHTS? THE ORDINANCE DOESN'T ADDRESS THAT I WILL TELL YOU WHEN COMPARING THIS TO OTHER VARIANTS.

REQUESTS FOUND IN OTHER PARTS OF THE ORDINANCE SAY, FOR EXAMPLE, THE ZONING BOARD OF ADJUSTMENT, THAT FINANCIAL LOSS ALONE IS NOT SUFFICIENT TO MEET THOSE BURDENS.

BUT AS I SAID, FINANCIAL LOSS MATERIAL COSTS INVOLVED ARE NOT ADDRESSED IN THE SUBDIVISION ORDINANCE WITH REGARDS TO GRANTING OR DENYING A VARIANCE.

IF SO, THIS BODY, I WOULD SAY, CAN DECIDE ON ITS OWN IF THAT IS SUFFICIENT GROUNDS TO MEET THE SECOND STANDARD WHICH IS DEPRIVING THE APPLICANT OF A SUBSTANTIAL PROPERTY.

RIGHT. JUST CURIOUS, ARE THERE ARE THERE OTHER ONES THAT YOU KNOW OF OFFHAND, IN ADDITION TO FINANCIAL LOSS THAT WE COULD POTENTIALLY DISCUSS THAT COULD BE CONSIDERED IN THIS PARTICULAR CASE OR IN GENERAL? I KNOW YOU MENTIONED FINANCIAL LOSS AS A COMPONENT OF, OF A OF A SIGNIFICANT BURDEN. SO IF YOU'RE IF YOU'RE SPEAKING ABOUT THE SECOND STANDARD ENFORCEMENT OF THE PROVISIONS OF THE SUBDIVISION ORDINANCES, WHAT WE'RE TALKING ABOUT WOULD DEPRIVE THE APPLICANT OF A SUBSTANTIAL PROPERTY, RIGHT? A SUBSTANTIAL PROPERTY, RIGHT. IF YOU'RE ASKING FOR A LEGAL INTERPRETATION, TO ME, WOULD BE A PROPER RIGHT ASSOCIATED WITH THE SUBJECT LAND THAT WE'RE TALKING ABOUT. IF IF A PROPERTY OWNER IS DEPRIVED FROM USING THAT LAND IN A MANNER THAT HE'S IN LEGALLY ENTITLED TO BE USING IT, THAT'S DEPRIVING THE LANDOWNER OF A SUBSTANTIAL PROPERTY, RIGHT? OKAY. WANTS TO BUILD A HOME SO HE CAN'T I MEAN, BASICALLY YOU CAN'T YOU CAN'T BUILD HIS HOME.

RIGHT. SO. SO HE WANTS TO BUILD. YEAH. SO I WOULD.

YEAH. THANK YOU FOR THAT CLARIFICATION. OKAY. THAT WOULD BE TAKING THE ABILITY AWAY.

THE MAN OWNS THE PROPERTY. HE WENT TO THE CITY AND GOT A THE APPLICANT OWNS THE PROPERTY, WENT TO THE CITY, FOLLOWED THE PROCESS, AND NOW HE'S BEING PROBABLY NOT THE RIGHT WORD, BUT HE'S BEING LIMITED IN HIS ABILITY TO COMPLETE THE PROJECT THAT YOU PUT IN PLACE. THE ENFORCEMENT WOULD TAKE THE ABILITY AWAY FROM THE PROPERTY OWNER TO DO WHAT THEY LEGALLY CAN DO IN A TIMELY MANNER.

OKAY. WELL, THAT'S THAT'S NOT A CORRECT STATEMENT AS FAR AS I'M CONCERNED.

HE'S NOT LEGALLY ENTITLED TO IT BECAUSE THE PROPERTY HAS NOT BEEN PLATTED.

[00:20:03]

IF YOU'RE GOING TO FOLLOW THE ORDINANCE, THE PROPERTY HAS NOT BEEN PLATTED, SO HE'S NOT ENTITLED TO BUILDING PERMITS UNTIL AFTER THAT LAND HAS BEEN PLANTED.

BUT WE HAVE THE ABILITY TO GRANT A VARIANCE ABOUT TO THAT.

YEAH. SO THE THE THE FACT IS THE BUILDING PERMITS WERE GRANTED.

OKAY. AND SO SOMETHING HAPPENED THAT, THAT THE FACT THAT THE PROPERTY WASN'T PLATTED DIDN'T GET RECOGNIZED.

AND THIS IS AN ATTEMPT TO, TO BASICALLY TRY TO RECTIFY THAT.

FROM THE STANDPOINT OF THIS PARTICULAR INSTANCE, THIS IS A VERY UNIQUE, PROBABLY UNIQUE ONE OFF CASE.

YEAH, THAT IN ALL LIKELIHOOD WE WILL NEVER FIND OURSELVES FACED WITH AGAIN SINCE WE'RE IN DISCUSSION.

THAT WAS GOING TO BE MY QUESTION TO STAFF. HOW OFTEN HAVE YOU SEEN SOMETHING LIKE THIS? NOT OFTEN. I WILL SAY THE WE DO HAVE SOME OLDER PARTS OF THE CITY.

THERE'S A DAYCARE ACROSS THE STREET THAT BEFORE THEY PULLED PERMITS, IT WAS FOUND THAT THEIR PROPERTY HAD NOT BEEN PLATTED AND THEY HAD TO GO THROUGH THE THE PLANNING PROCESS PRIOR TO PULLING PERMITS. SO IT'S IT'S IT'S NOT TYPICAL.

IN THAT PARTICULAR CASE, IT WAS CAUGHT. RIGHT, RIGHT.

AND AND THAT'S THAT'S WHERE, YOU KNOW, EVEN IN THOSE PROCESSES, IT'S NOT TYPICAL BECAUSE, YOU KNOW, THINKING IN TERMS OF WHAT'S THE PURPOSE OF PLANNING AND PLANNING, YOU KNOW, TO LAY OUT THE STREET NETWORK, LAY OUT THE UTILITIES, YOU KNOW, TO SERVICE ALL OF THAT IS IN PLACE, YOU KNOW.

SO IN THIS CASE, YOU WOULD ASSUME THAT IT WAS ALREADY PLATTED AND, YOU KNOW, ACCOUNTED FOR.

SO NO, IT'S NOT A TYPICAL SITUATION. IT IS A ONE OFF.

WE HAVE PROCEDURES THAT HAVE BEEN IDENTIFIED TO FURTHER KIND OF MITIGATE THIS AND CATCH THIS, SO THAT WE DON'T THROW PROPERTY OWNERS AND DEVELOPERS INTO THESE KINDS OF SITUATIONS.

THAT WAS MY FOLLOW UP. SO OUT OF CURIOSITY, IF IT'S OLDER, DO YOU THINK YOU'VE BEEN IN THAT TYPE OF APPRAISAL DISTRICT AS WELL? SO THEY MAY HAVE A CLASS THAT THEY THINK I DON'T KNOW IF THAT'S THE CASE.

NO. AND WHAT WE FIND IS THEY MAY HAVE BEEN SUBDIVIDED BY METES AND BOUNDS, BUT THEY STILL HAVE TO RECORD A SUBDIVISION PLAT THROUGH THE CITY.

AND THAT CAN THAT CAN GET A LITTLE CONFUSING DEPENDING ON WHAT PROPERTY YOU'RE YOU'RE REFERENCING.

THE REASON FOR THAT IS BALANCE SO THAT THEY CAN DEFINE THE ACTUAL PROPERTY.

CORRECT? CORRECT. YEAH. CAN I ASK A HYPOTHETICAL REAL QUICK? WHAT IF THIS WAS CAUGHT WHEN THE APPLICANT CAME TO GET THEIR CERTIFICATE OF OCCUPANCY, WOULD THEY BE DENIED? WOULD THEY HAVE A FULLY COMPLETED BUILDING THAT THEY HAVE PAID FOR, AND THE CITY COULD DENY THEM TAKING POSSESSION AND LIVING IN IT? YES. THAT'S EFFECTIVELY WHAT'S HAPPENING HERE IS TRYING TO STOP IT BEFORE THAT.

YOU KNOW, PART OF PART OF THE PROTECTION HERE IS, IS THERE ARE SOME YOU KNOW, KIND OF CHECKS AND BALANCES ALONG THE WAY.

BECAUSE BEFORE THE WITH THE DEVELOPMENT, WHAT WAS APPROVED PERMIT IS THERE IS A SURVEY THAT'S TIED TO THE PERMIT.

THERE IS A BOARD OF SURVEY THAT HAS TO BE APPROVED BEFORE FOUNDATION SUPPORT.

AND THINGS LIKE THAT. AND SO THOSE ARE KIND OF CHECKS AND BALANCES TO ENSURE THAT THE ACTUAL STRUCTURE IS NOT ENCROACHING, YOU KNOW, INTO BUILDING LINES AND SETBACKS, UTILITY EASEMENTS AND THAT.

AND SO THAT'S WHAT YOU WOULD FIND ON THE PLOT.

SO THERE ARE PROCEDURES IN PLACE. AND THEN THIS IS MORE SO TO CORRECT FILING THAT PLAT INTO THE REAL PROPERTY RECORDS.

SO YOU HAVE THAT DOCUMENTATION FOR THE PROPERTY.

AND WE'VE DONE SOMETHING SIMILAR TO THAT IN THE PAST WITH VARIANCES.

SO OKAY I THINK I'M READY TO ENTERTAIN A MOTION ON THIS ITEM.

WE HAVE A MOTION AND THE MOTION WOULD BE TO APPROVE.

YES. THE MOTION IS TO TO APPROVE BASED ON THE PROPERTY OWNER'S STATEMENT PER LEGAL.

IS THAT CORRECT SIR? WELL, WE'VE GOT A FORM TO FILL OUT THAT THAT STATES THAT WE AGREE WITH THE CONDITIONS.

YEP. THAT'S MY MOTION. OKAY. SO WE HAVE A MOTION AND A SECOND AND CAST YOUR VOTES PLEASE.

AND THAT MOTION CARRIES. THANK YOU VERY MUCH.

AND AS FAR AS I CAN TELL, THAT IS THE LAST ITEM ON OUR AGENDA.

SO WE HAVE ONE MORE MOTION. MOTION? SHE CAN'T FIND IT.

OKAY. WE HAVE A MOTION. AND SECOND. WE HAD ONE.

IT WENT AWAY. WE'LL TRY THAT AGAIN. TO ADJOURN.

GO AHEAD AND CAST YOUR VOTE, PLEASE.

[00:25:04]

ALL RIGHT. IT'S STILL THINKING ABOUT IT, BUT IT DID.

OKAY. ALL RIGHT. MOTION CARRIES. THANK YOU, THANK YOU.

OKAY, SO I'M GOING TO RETRIEVE THE ORDER FROM YOU. OKAY.

YEAH, I HAVE TO SIGN IT. I HAVEN'T SIGNED IT YET BECAUSE I DON'T HAVE A PEN.

BECAUSE THEY KNOW IT'S JUST A POINTER.

* This transcript was compiled from uncorrected Closed Captioning.