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AND RENTAL UNITS[Development Services Committee Meeting on January 25, 2021.]
ARE ALLOWED BY SEP ONLY IN THE AG AND SFP.SO NOT IN YOUR STANDARD, SINGLE FAMILY DISTRICTS, LIKE YOUR SFI AS OF SEVEN 10.
UM, AND AGAIN, THE MAIN DIFFERENTIATION THERE IS, UM, ONE IS RENTED OUT AND THE OTHER IS, UM, NOT TO BE RENTED OUT OF COURSE, BEING THE GUEST HOUSE.
UM, BUT I BELIEVE WE LEFT OFF AND I'LL KIND OF HAND IT BACK TO THE GYM HERE.
WE HAD SOME INITIAL CONVERSATIONS, BUT, UH, UM, THE COMMITTEE SHOWED INTEREST IN MAYBE DOING SOME OUTREACH TO, UM, NEIGHBORHOOD GROUPS AND KIND OF MAYBE PRESENTING SOME INFORMATION AS FAR AS A SAMPLE, UH, BACKYARD COTTAGE.
WHAT DOES THAT LOOK LIKE? SAY IF WE HAVE A MINIMUM SQUARE FOOTAGE OF SAY 600 SQUARE FEET, WHAT DOES THAT ACTUALLY LOOK LIKE VISUALLY? UM, IS THIS SOMETHING NEIGHBORHOODS WOULD EMBRACE AS SOMETHING THEY WOULD PUSH BACK ON? AND SO WE KIND OF JUST WANTED TO CONTINUE THAT CONVERSATION A LITTLE BIT, UH, WITH THE COMMITTEE AND, UH, KIND OF AN UPDATE TO THAT.
I DID TALK TO THE, UM, THE BUILDING OFFICIAL IN PLANO AND, UH, SINCE THEY ADOPTED THE ORDINANCE, HE SAID THEY'VE ISSUED ONE BUILDING PERMIT, UM, FOR A BACKYARD COTTAGE.
HE SAID HE FELT THAT THE RESTRICTIONS THAT WERE PLACED STARTING WITH THE 400 SQUARE FEET AND THEN THE PARKING AND DRIVEWAY REQUIREMENTS HAVE KIND OF A, AS I WON'T SAY STYMIE, HE JUST SAID, IT'S, IT'S A LITTLE RESTRICTIVE.
AND HE DIDN'T THINK THAT IT WAS REAL INDUCIVE TO SEEING A LOT OF APPLICATIONS FOR THAT.
UM, AND I'M NOT SURE WHERE, UH, YOU KNOW, THAT ONE WAS AND WHAT KIND OF SET UP IT WAS IN THAT TYPE OF THING.
SO, UH, HE SAID THEY JUST, HAVEN'T HAD A HUGE INFLUX OF THE REQUESTS, YOU KNOW, FOR BACKYARD COTTAGES, UH, THE WAY IT'S SET UP, UH, THE BUILDING CODE, THE INTERNATIONAL RESIDENTIAL BUILDING CODE LOOKS AT, UH, OR, OR IN THE INTERNATIONAL PROPERTY MAINTENANCE CODE ESTABLISH KIND OF MINIMUM SQUARE FOOTAGES.
SO IF YOU WERE GOING TO HAVE AN APARTMENT COMPLEX, I WANTED TO HAVE AN EFFICIENCY APARTMENT UNIT.
SO THE SMALLEST APARTMENT UNIT THAT YOU COULD HAVE, YOU KNOW, THAT WOULD MEET GENERAL LIVING NEEDS, ENDS UP BEING 265 SQUARE FEET.
WHEN YOU ADD THE REQUIRED LIVING AREA, THE BATHROOM AREA, AND, UH, AT LEAST 70 SQUARE FEET OF KITCHEN SPACE, YOU END UP AT 265 SQUARE FEET, UH, PLANOS, UH, BACKYARD COTTAGES AT 400 SQUARE FEET.
WE DO HAVE LIMITATIONS OVERALL.
THE, THE SMALLEST ASSESSORY, WELL, EXCUSE ME, THE, I SAY THE SMALLEST LARGEST, YOUR ASSESSORY BUILDINGS, AREN'T SUPPOSED TO EXCEED 30% OF THE SIZE OF YOUR HOUSE.
SO IF I'VE GOT A, A THOUSAND SQUARE FOOT HOUSE, I MONEY ASSESS REBUILDING SHOULD NOT EXCEED 300 SQUARE FEET, EXCEPT THAT WE HAVE AT NO TIME, CAN WE REQUIRE LESS OR THAN 600 SQUARE FEET.
SO EVEN IF YOU'VE GOT A THOUSAND SQUARE FOOT BUILDING AND YOU WANT TO BUILD A 400 OR 500 SQUARE FOOT ASSESSORY BUILDING, YOU COULD STILL DO THAT BECAUSE THE MINIMUM THAT WE CAN, UH, PROHIBIT SOMEBODY IS 600 SQUARE FEET.
NOW, IF YOU'VE GOT, YOU KNOW, 5,000 SQUARE FEET OF HOUSE, YOU, YOU KNOW, YOU CAN CERTAINLY BUILD A LARGER, UH, BUILDING AS LONG AS YOU DON'T EXCEED 30, 30% OF THAT, UH, SQUARE FOOTAGE, UM, UH, OVERALL, UH, YOU KNOW, WE WOULD PROBABLY NEED COUNSEL IN THIS COMMITTEE, IF YOU'RE INTERESTED IN DOING THAT AND TAKING THAT OUT, WE NEED SOME SORT OF STANDARDS.
UM, YOU KNOW, LIKE I SAID, PARKING, UH, THE ISSUES THAT WE'VE ALWAYS FOUND WITH ACCESSORY DWELLINGS, YOU KNOW, BECOMES PARKING.
UH, CURRENTLY A LOT OF OUR HOUSING IS ALREADY DOESN'T MEET CURRENT CODES AND PARKING WITH TWO PARKING SPACES REQUIRED.
UH, YOU BUILD AN ACCESSORY DWELLING, YOU INCREASE THE NUMBER OF PARKING REQUIRED, UH, AND WHAT ARE YOU GOING TO DO? YOU'RE GOING TO MAKE THEM BRING UP THE EXISTING HOUSE, PARKING AND HAVE ADDITIONAL REQUIRED PARKING FOR THE ACCESSORY DWELLING.
HOW DO THEY ACCESS THAT YOU ALLOW TANDEM PARKING, THINGS LIKE THAT NEED TO BE PROBABLY ADDRESSED? UH, WHAT WOULD BE THE MINIMUM SQUARE FOOTAGE REQUIRED FOR A DWELLING UNIT? WE HAD A GUY THE OTHER DAY, UH, THAT WAS BUILDING SOME, I THINK HE WAS TRYING TO BUILD A BOARDING HOUSE.
HE WAS BUILDING SOME LITTLE, UH, RENTAL ROOMS IN HIS BACK ON THE BACK END OF HIS HOUSE.
AND WE CAUGHT HIM AND HE WAS TELLING US HE WAS GOING TO RENT THOSE OUT, YOU KNOW, AS, UH, YOU KNOW, KIND OF BOARDING HOUSE STYLE OR ROOM ROOMS FOR RENT.
SO KIND OF ESTABLISHING THAT MINIMUM SQUARE FOOTAGE, UH, MIGHT BE A GOOD IDEA.
AND WHAT ARE WE GONNA WITH PARKING? UH, THE ONLY OTHER ISSUE THAT I'VE SEEN IN OTHER CITIES, UH, THAT DO THAT IS, UH, WHAT, WHAT ARE YOUR IMPACTS TO THE SCHOOL DISTRICT? BECAUSE YOU HAVE THE POTENTIAL WITH RENTAL UNITS, UH, IN ADDITIONAL UNITS OF IMPACTING, YOU KNOW, SCHOOL DENSITIES, UH, IN CERTAIN NEIGHBORHOODS, IF YOU GET A WHOLE, UH, INFLUX OF THOSE TYPES OF EXTRA DWELLING UNITS.
SO, UH, WITH THAT, I MEAN, I THINK, UM, IF WE'VE GOT SOME DIRECTION FROM COUNCIL, WE CAN PUT SOME OF THAT TOGETHER AND, UH, MAYBE, YOU KNOW, LET 'EM, UH, NEIGHBORHOOD VITALITY, UH,
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YOU KNOW, GET WITH SOME OF THE LOCAL NEIGHBORHOODS HOS AND, YOU KNOW, KIND OF GET SOME OF THAT INPUT.UM, JIM, ARE WE TALKING ABOUT, UM, THIS IS A COMPLETE BUILDING, RIGHT? WE'RE NOT TALKING ABOUT LIKE MORGAN BUILDING TURN INTO HOUSES.
WELL, NOW THE PROBLEM WILL BE, IS HOUSE BILL 24 39 DOES NOT LET US LIMIT MATERIAL TYPES THAT ARE ALLOWED BY THE BUILDING CODE.
SO SOMEBODY COULD POTENTIALLY TAKE A, A BIG ENOUGH MORGAN BUILDING CAUSE YOU CAN BUY IN BIG ENOUGH NOW THE DAYS AND PUT IT OUT THERE AND PUT IT ON A PERMANENT CONCRETE FOUNDATION.
AND AS LONG AS IT ALL MET BUILDING CODES AND THEY DID AN INTERIOR FINISH, THEY COULD POSSIBLY USE ONE.
WELL, I HAVE ONE, I HAVE ONE THAT WAS PUT IN HERE WAY BEFORE ALL OF THIS COACH GOT COMPLETE, YOU KNOW, AND IT'S MY BACKDOOR NEIGHBOR AND IT'S A BIG, LIKE, I GUESS IT'S LIKE EIGHT BY 40 OR 30 FEET, YOU KNOW? AND IT'S PRETTY BIG, YOU KNOW, THAT THE OWNER, THEY USED TO BE THERE, HE USED TO THIS A SHOT.
DO YOU KNOW, WOULD WORK AND STUFF LIKE THAT, BUT NOW, YOU KNOW, HIS ADMISSION, I DON'T CONQUER IT.
IT'S ON, ON, ON, ON THE GROUND, YOU KNOW, BUT IT'S BEEN THERE A LONG TIME, YOU KNOW, I DON'T HAVE A PROBLEM WITH IT ANYWAY, BUT, UM, I JUST THOUGHT, I MENTIONED THAT TO SEE, BECAUSE THERE'D BE ALL BUYING MORGAN BUILDERS AND PUTTING THEM IN THERE.
AND ONCE AGAIN, YOU KNOW, IT, IT IS SOMETHING WE, YOU KNOW, WE CAN ONLY CONTROL THE STRUCTURE SO MUCH BY THE BUILDING CODES.
UM, AND WE CAN'T CONTROL THE MATERIALS.
THE OTHER THING IS WHAT DO YOU DO? IT'S KIND OF ALL THAT OTHER STUFF.
WHAT DO YOU DO WITH PARKING? HOW DO YOU GET ACCESS TO IT? UM, YOU KNOW, THOSE TYPES OF THINGS THAT WILL PROBABLY MORE LIMIT A BUNCH OF WHAT A LOT OF PEOPLE ARE ABLE TO DO.
IF I DON'T HAVE AN ALLEY RUNNING DOWN THE SIDE, I'VE JUST GOT AN EASEMENT AND I CAN'T BRING THAT DRIVEWAY IN FROM THE BACK, YOU KNOW, AM I GOING TO BE ABLE TO DO THAT? YOU KNOW, AM I GOING TO BE ABLE TO PROVIDE A PARKING AREA? YOU KNOW, IF IT'S SEPARATE AND APART FROM THE REGULAR PARKING TO THE HOUSE, IF I'VE GOT JUST THAT, IF I JUST HAVE THAT STRAIGHT DRIVE, IF I'M ONE OF THOSE SMALL, TIGHT, LOTS, I DON'T HAVE ANY SIDE YARD, DON'T LIVE AN ALLEY AND ALL, I'VE GOT THAT ONE CAR DRIVE UP THE FRONT.
AM I GOING TO BE ABLE TO PUT A, YOU KNOW, AN ASSESSOR BUILT DWELLING IN THE BACK AND BE ABLE TO PROVIDE, YOU KNOW, ADEQUATE PARKING, YOU KNOW, CAN I GET THE SEWER EVEN AROUND TO AT SOME TIMES? SO YEAH.
A LOT OF LIMITATIONS THAT COME IN POTENTIALLY.
PLUMBING, ELECTRICITY, ALL THAT WATER, WATER, ESPECIALLY WATER.
WELL, SEWER IS EVEN MORE IMPORTANT BECAUSE THEY'RE GOING TO HAVE FAULT, YOU KNOW, I GUESS I PUT A PUMP IN, SO, BUT THE SHORTAGE GOES TO THE BACK.
NOT ALL OF THEM, NOT ALL OF THEM.
WHAT ABOUT THE WATER? SOME ARE FRONT.
OH REALLY? I DIDN'T KNOW THAT.
WHATEVER YOU WANT TO DO, SHARE IT, MS. SHERMAN.
UH, THANK YOU, COUNCILMAN BARREN.
IT SEEMS LIKE THE ISSUES ARE FALLING INTO SEVERAL CATEGORIES.
IT'S UH, WHICH DISTRICTS TO ALLOW THEM BUY.
RIGHT NOW IT SOUNDS LIKE IT'S JUST SUP ONLY AT OTHER THAN THE DOWNTOWN DISTRICT, UM, SIZE QUESTIONS.
HOW BIG DO WE WANT THE BUILDING TO BE, UM, LIMITED BY SIZE OF THE EXISTING STRUCTURE, PARKING QUESTIONS AS WELL, SCHOOL DISTRICT, PERHAPS ONE, AND THEN ONE MORE THOUGHT OF OWNERSHIP LIVING IN THE VICINITY THERE AS WELL.
I'D LOVE TO TAKE THESE BACK TO COUNCIL.
I KNOW WE'VE DISCUSSED THIS SEVERAL TIMES NOW AND JUST BRING THOSE FIVE ISSUES OF CAMPS AND SEE IF THEY WANT TO MAKE ANY POLICY DECISIONS ABOUT THAT.
UM, I DON'T KNOW IF WE'RE GOING TO MAKE ANYTHING COME OUT OF THIS COMMITTEE, ESPECIALLY GIVEN THAT THE SMALL NUMBER WE'VE ONLY HAD ONE, I BELIEVE, UH, PLANO HAS ONLY HAD ONE AS WELL.
UH, WE CERTAINLY MIGHT GET MORE IF WE ALLOW OR, YOU KNOW, LOOSEN THOSE RESTRICTIONS A LITTLE BIT AS FAR AS PARKING OR SIZE OR WHERE THEY'RE ALLOWED.
BUT, UM, I WOULD LIKE TO TAKE IT AS IT IS, UH, WITH JUST COMMENTARY ON THOSE FIVE AREAS ALLOWED IN WHICH DISTRICTS, THE SIZE, THE PARKING NOTIFICATION SCHOOL DISTRICT AND THE OWNERSHIP OF THE MAIN STRUCTURE AND, UH, TAKE THIS AND PRESENT IT BACK TO COUNCIL BECAUSE I THINK WE'VE DISCUSSED IT.
I KNOW YOU DID MENTION ABOUT TAKING NEIGHBORHOOD VITALITY AND GOING TO DIFFERENT NEIGHBORHOOD GROUPS AND TALKING WITH THAT.
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WOULD GAIN FROM THAT NECESSARILY, CERTAINLY IN, IN THE DISTRICT THAT I REPRESENT.THERE'S NOT VERY MANY, I WOULDN'T SAY VERY MANY OPPORTUNITIES FOR IT GIVEN THE SMALLER SIZE LOTS.
AND I DON'T KNOW, LIKE YOU WERE SAYING, MR. OLGA ANYWHERE REALLY GIVEN THE SMALL SIZE, LOTS, ESPECIALLY OTHER AREAS OF TOWN.
SO, UM, I, HAVEN'T HAD MY CONSTITUENTS REALLY ASKING ABOUT THIS ISSUE, UH, SPECIFICALLY FOR ACCESSORY DWELLING UNITS.
SO, UM, AND I'VE ASKED SEVERAL THE NEIGHBORHOOD ASSOCIATIONS ABOUT, AND THEY REALLY DIDN'T HAVE AN OPINION ONE WAY OR ANOTHER BECAUSE THEY, IT WASN'T JUST, YOU KNOW, IT WASN'T A CONCERN OF THEIRS.
SO, UM, GIVEN THAT I'M HAPPY TO TAKE IT BACK TO COUNCIL FOR THE REPORT HERE.
AND, UM, YOU KNOW, THE COUNCIL WANTS TO MOVE AND HAVE MORE DISCUSSION IN COUNCIL.
I'M FINE WITH THAT, BUT I THINK WE'VE AT LEAST IDENTIFIED THE MAIN ISSUES WITH THIS, UH, CONCERN.
SO FULL COUNCIL WANTS TO HAVE ANY OTHER POLICY.
I DIDN'T SEE ANY POLICY RIGHT NOW THAT NEEDS TO CHANGE AS FAR AS WHAT WE HAVE.
ALLOWING THEM BY SUP CERTAINLY IS A WAY TO ADDRESS THEM THAT COUNTS UP AND TAKE THEM ON A CASE BY CASE BASIS.
AND WE CAN BIN SUP WE CAN ESSENTIALLY BROUGHT OUR OWN ZONING CODE WITH ALL OF THAT, AND THAT WOULD AFFECT THE SIZE AND THE PARKING AND ALL THOSE OTHER QUESTIONS THAT I WAS JUST TALKING ABOUT.
ABSOLUTELY COUNSELING BARRETT.
UM, THANK YOU AND SHARON, UH, JIM, UM, ON THE OTHER SIDE OF MY HOUSE, I HAVE, UH, AN EFFICIENT BUILDING, BUT THE EFFICIENT BUILDING WAS MADE THAT THE GUY THAT OWNED THAT HOUSE WAS A LAWYER AND HIS WIFE AND THE KIDS LIVE IN THE FRONT AND HE BUILDS THIS ONE BEDROOM, UH, EFFICIENCY, WHAT DO YOU CALL IT? EFFICIENCY.
AND IT LOOKS LIKE A SMALL BUILDING, YOU KNOW, BUT IT ALSO HAVE A RESTROOM AND A KITCHEN BECAUSE HIS MOTHER LIVED THERE AND THAT'S AN OLD ONE TOO.
I MEAN, THIS IS GOING BACK 30, 40 YEARS, YOU KNOW, WHEN IT WAS BUILT.
SO I THINK, UM, I THINK THE BEST THING, AND I I'M WITH YOU A MATURE CHAIRMAN THAT WE SHOULD BRING IT TO COUNCIL AND, AND, UH, UH, LET THEM DECIDE WHAT THEY WANT TO DO.
BECAUSE LIKE YOU SAID, THERE'S SOME DISTRICTS THAT DON'T WANT THAT.
I KNOW SOME PEOPLE MAY BE IN FIRE WHALES THAT THEY DON'T WANT THAT ON THE HOS, YOU KNOW, SO THAT'S WHAT I'M SAYING AND IF YOU'RE OKAY, I'M FINE WITH TAKING NO ACTION AT THIS TIME AND REPORTING TO COUNCIL THEN.
UH, THERE'S NO OTHER DISCUSSION ON THAT ISSUE, THEN WE'LL MOVE ON TO OUR NEXT ITEMS. ITEM TWO B REVIEW OF SPECIFIC USE PROVISION TIME PERIODS.
LET ME GO AHEAD AND, UH, SHARE SCREEN HERE.
THANK YOU, MR. CHAIRMAN, YOU CAN, UH, SEE THAT.
LET'S DO A REAL BRIEF RECAP FROM LAST TIME THAT I'VE GOT SOME UPDATED INFORMATION AND KIND OF DATA TO SHARE WITH THE COMMITTEE HERE.
SO I'LL TRY TO MOVE QUICKLY INTO THAT DIRECTION.
UM, BUT JUST AS A BRIEF REMINDER, UM, PER THE GDC, UH, CONDITIONS OF SPECIFIC USE PROVISIONS MAY INCLUDE A LIMITATION ON THE EFFECTIVE TIME PERIOD FOR AN SUP.
UM, OCCASIONALLY UNLIMITED TIME PERIODS ARE REQUESTED AND OR APPROVED BY THE CITY COUNCIL.
AND JUST AS A KIND OF BRIEF, VERY HIGH LEVEL, UH, REMINDER FOR THE PROCESS OF KIND OF HOW TIME PERIODS COME TO BE, UM, AN APPLICANT WHEN THEY SUBMIT THEIR ZONING APPLICATION FOR AN SUP, UM, THEY'RE REQUESTED TO PROVIDE THEIR, UM, THEIR DESIRED TIME PERIOD.
UM, SO THEY, THEY TYPICALLY PROVIDE THAT UPFRONT.
UH, IF, IF THEY DON'T, WE'LL ASK IT, UH, BY THE TIME WE SENT OUT OUR FIRST ROUND OF COMMENTS ON THE ZONING CASE, YOU KNOW, WE'LL KIND OF REMIND THEM AND ASK THEM WHAT THEIR DESIRED TIME PERIOD IS.
UM, OFTENTIMES THAT ALIGNS WITH A BUSINESS PLAN OR PERHAPS A LENDER'S REQUIREMENT.
UM, BUT IN SOME, SOME CASES THEY, THEY'RE NOT REALLY SURE THEY KIND OF LOOK FOR STAFF DIRECTION AND THAT'S KIND OF WHAT, UM, THAT'S KIND OF OBVIOUSLY WHY WE'RE DISCUSSING THIS, PROVIDE SOME SORT OF POLICY GUIDANCE, UM, TO PROVIDE APPLICANTS AND AS WELL AS FOR STAFF AND FOR THE COMMISSION AND CITY COUNCIL.
UM, BUT, UH, OCCASIONALLY STAFF WILL HAVE A PARTICULAR RECOMMENDATION, UM, ON A TIME PERIOD, IF IT'S A SUBJECT SITE WHERE WE HAVE SOME, UH, CONCERNS OR PERHAPS SOME REDEVELOPMENT PLANS, WHETHER IT'S IN A, OR LONG-TERM THAT MAY AFFECT, UM, A TIME PERIOD WHERE MAY, WE MAY SUGGEST A SHORTER TIME PERIOD.
UM, IF THE RECOMMENDATION IS APPROVAL OR IN SOME CASES IT MAY BE
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DENIAL.UM, BUT IF OTHERWISE, IF THERE'S NO PARTICULAR CONCERN WITH THE PROPOSED USE ON THE SUBJECT PROPERTY, AND THERE'S NO PARTICULAR PLAN OTHERWISE, UH, FOR THE SITE THEN, UM, UH, USUALLY STAFF'S RECOMMENDATION WILL SIMPLY BE A APPROVAL AS PRESENTED BY THE APPLICANT.
AND THEY'LL OF COURSE, AGAIN, MAKE THEIR, UM, REQUEST FOR A TIME PERIOD.
AND THEN IT GOES TO THE PLAN COMMISSION RECOMMENDATION SOMETIMES THEY'LL, UM, HAVE A PARTICULAR RECOMMENDATION ON A TIME PERIOD.
AND THEN ULTIMATELY IT'S DECIDED BY THE CITY COUNCIL AND THAT DETERMINES THE EFFECTIVE TIME PERIOD THAT'S PUT INTO THAT, UH, ORDINANCE ZONING ORDINANCE.
SO, UM, I'VE GOT SOME UPDATED NUMBERS.
UM, UH, MR. CHAIRMAN, I WENT A LITTLE FURTHER BACK AT THE LAST MEETING I WENT BACK ABOUT THREE YEARS, WENT BACK A LITTLE FURTHER BACK TO FIVE YEARS, 2016, GATHERED SOME MORE SUP'S, UM, JUST TO GIVE US A LITTLE BIT, UH, BIGGER SAMPLE SIZE AND ADDED SOME USES AS WELL, WHICH I'LL GO INTO HERE IN A FEW MINUTES.
UM, BUT, UH, COUNTED 57 S UPS THAT HAVE BEEN APPROVED BY CITY COUNCIL WITHIN THE LAST FIVE YEARS, UH, SEVEN OR DENIED.
UM, THE MAJORITY ABOUT 79% OF THE TIME PERIODS APPROVED BY COUNCIL WERE CONSISTENT WITH THE PLANNING COMMISSIONS AND STAFF'S RECOMMENDATIONS.
UM, SEVERAL OF THOSE DENIALS WERE CONSISTENT WITH THE RECOMMENDATIONS AS WELL.
UM, AND THE APPROVED TIME PERIODS RANGE ANYWHERE FROM AS SHORT AS FIVE YEARS, UH, UP TO 50 YEARS AND UP TO, UM, UNLIMITED OR UNRESTRICTED TIME PERIODS.
AND, UM, GIVEN THE SAMPLE SIZE IS A LITTLE BIT LARGER, THE UPDATED AVERAGE SUP TIME PERIOD APPROVED FROM 2016 TO 2020.
AGAIN, THIS IS ALL SUP'S THAT HAVE BEEN APPROVED OF ALL USES, UM, IS ABOUT 23 YEARS, 23.05 YEARS.
UM, THAT DOES NOT INCLUDE, UH, TWO UNLIMITED TIME PERIODS THAT WERE ALSO APPROVED AND, UM, REALLY JUST OBSERVATION, SHORTER TIME PERIODS ON AVERAGE TENDED TO BE, UH, SUCH USE AS, AS TATTOO SHOPS, RECEPTION FACILITIES, UM, KIOSKS, AND IN ONE CASE A GUEST HOUSE.
AND, UM, WITH THAT, I'LL, I'LL GET OUT OF THIS AND I'VE GOT A SPREADSHEET AND I'LL, UH, PULL UP HERE.
I'VE KIND OF BROKEN OUT THE, UH, USES AND THEIR TIME PERIODS AVERAGE.
SO, UM, I KNOW ONE OF THE COMMITTEE'S ASKS LAST TIME WAS KINDA KNOW IF THERE'S A WAY TO SORT OF OBSERVE THE USES AND THE TIME PERIODS APPROVED.
AND IF THERE'S A WAY TO KIND OF CATEGORIZE IN SOME WAY, IF WE SEE SOME TRENDS, SO I'VE KIND OF HIGHLIGHTED BY COLOR, UM, SOME POTENTIAL, YOU KNOW, GENERAL CATEGORIES, IF YOU WILL.
UM, I'LL JUST KIND OF START HERE AT THE TOP LEFT, UM, AT THE TOP, THIS TOP ROW, THESE ARE THE SUP CASES FROM 2016 TO PRESENT.
THESE ARE THE USES OF THOSE APPROVED, AND THEN THE NEXT ROW IS THE ACTUAL APPROVED TIME PERIOD BY CITY COUNCIL.
SO, UM, THESE ON THIS YELLOW COLOR HERE ARE GENERALLY KIND OF AUTOMOTIVE, UM, ORIENTED USES.
UM, IT DOES NOT INCLUDE AUTO SALES.
WE, UH, WE'VE HAD A COUPLE OF THOSE DENIED ACTUALLY I THINK ABOUT THREE OF THOSE DENIED IN LAST FIVE YEARS.
THERE'S NOT, THERE'S NOT BEEN A SINGLE AUTO SALES APPROVED SINCE 2016.
UM, BUT, BUT THESE THAT HAVE BEEN APPROVED TEND TO BE, UM, HAVE SOMETHING TO DO WITH AUTOMOTIVE, UM, USE IN SOME REGARDS.
SO HERE'S A DRIVE THROUGH RESTAURANT.
UH, THE DRIVE-THROUGH BANK ATM SERVICE DRIVE THROUGH ATM SERVICE, 30 YEARS, UH, RETAIL FUEL PUMPS, WHICH IS, UH, GAS STATIONS ABOUT 23 YEARS.
AND THE CAR WASHES OF THOSE THAT HAVE BEEN APPROVED THE AVERAGE TIME PERIOD WAS ABOUT 26, 26.7 YEARS.
SO YOU KIND OF SEE A GENERAL TREND HERE.
UM, ROUGHLY THIS AVERAGE IS OUT TO ABOUT 25 YEARS.
SO IF WE WANTED TO KIND OF HAVE A GENERAL CATEGORY FOR THESE TYPES OF, UM, AUTOMOTIVE USES DRIVE-THROUGHS GAS STATIONS, CAR WASHES, UM, GENERALLY 25 YEARS MIGHT BE A GOOD POLICY.
THIS OF COURSE IS ASSUMING THERE'S NO SIGNIFICANT CONCERN WITH THE SITE.
SUP'S OF COURSE ARE CASE-BY-CASE, UH, UH, REVIEW OPPORTUNITIES AS A ZONING CASE.
SO IN SOME CASES, IF IT'S IN A CONCERNING LOCATION, MAYBE IT'S, UM, NOT REAL COMPATIBLE WITH THE NEIGHBORHOOD THAT MIGHT AFFECT A TIME PERIOD OF THAT, BUT THIS AT LEAST PROVIDES SOME POTENTIAL GUIDANCE.
UM, MOVING ON, UM, THESE USES, I KIND OF PUT THESE TWO TOGETHER ON, ON PURPOSE.
UH, THE AVERAGE APPROVED SUP TIME PERIOD FOR LIMITED SERVICE HOTELS WAS 37 AND A
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HALF YEARS.AND FOR SELF STORAGE WAS 36.7 YEARS, OBVIOUSLY A VERY CLOSE TO ONE ANOTHER.
AND I KIND OF AN OBSERVATION TOO, IS THAT THESE ARE USES THAT, UM, WELL, W WITH REASON I'M SURE THE APPLICANTS ASKED FOR LONGER TIME PERIODS PIECES THAT TEND TO STICK AROUND FOR AWHILE.
UM, SELF STORAGE, UM, TENDS TO BE THERE FOR, FOR QUITE SOME TIME AND, AND HOTELS, HOTELS MAY CHANGE BRANDS AND THAT SORT OF THING, BUT THEY DON'T TEND TO JUST BE THERE FOR A FEW SHORT YEARS.
SO, UM, SO THAT WAS JUST KIND OF AN OBSERVATION ON A COUPLE OF USES THAT HAVE LONGER TIME PERIODS AND DO TEND TO STICK AROUND FOR AWHILE.
YOU CAN'T EVEN GET RID OF A CELL STORAGE FACILITY WHEN IT'S TORN DOWN BY A TORNADO.
THEY OFFER A LOT HARDER FOR INVESTORS AND DEVELOPERS.
CAN I ASK YOU A QUESTION? WELL, MR. CHAIRMAN, UM, OKAY, WELL, UH, WHEN WE GIVE THE SUP IS THIS TO THE OWNER OF THE PROPERTY ARE GOING TO BE THE ONE THAT'S GOING TO RANT.
AND ONCE THE OPEN UP SAY LIKE, UM, UH, I'M JUST SAYING A CAR REPAIR SHOP, ARE WE GONNA GIVE THE SUP TO THE OWNER OF THE PRICE OR THE RENTER THAT WILL STILL OPEN, RIGHT? YES, SIR.
SO, UM, IN PREVIOUS, UH, REALLY PRIOR TO ABOUT THREE OR FOUR YEARS AGO WHEN THE GDC WAS CHANGED, UM, UM, AND THAT WAS, UH, THAT WAS A CHANGE INITIATED BY THE CITY ATTORNEY'S OFFICE.
THE PAST PRACTICE WAS THE SUP'S WERE TIED TO, UM, A PARTICULAR, UM, APPLICANT WHO BROUGHT IT FORWARD.
SO IF IT CHANGED HANDS, THEY WERE SUBJECT TO GETTING, HAVING TO GO BACK THROUGH THE PROCESS AND GET A NEW SUP, UM, SINCE THEN FOR THE CITY ATTORNEY'S RECOMMENDATION, UM, UH, SUP'S ARE NOT TIED TO A PARTICULAR INDIVIDUAL OR COMPANY.
THEY RUN WITH THE LAND SO THEY CAN CHANGE OWNERSHIP.
THEY CAN CHANGE HANDS AS LONG AS THE NEW OWNER, NEW BUSINESS OWNER, IF YOU WILL, UM, MEETS ALL THOSE CONDITIONS IN THE RECIPE, AS LONG AS NOTHING IS CHANGING THERE.
UM, MR. ENGLAND MAY WEIGHED IN ON THAT FURTHER IF I'M MISSING ANYTHING, BUT, UM, SMALL CLARIFICATION.
AND THAT IS, THAT WAS NOT INITIATED BY OUR OFFICE, ALTHOUGH WE DID AGREE WITH IT.
UM, IT WAS ACTUALLY INITIATED BY A COUNCIL MEMBER AT THE TIME.
UM, I BELIEVE IT WAS THE MAYOR IF I REMEMBER CORRECTLY, BUT WE DO AGREE WITH IT BECAUSE IT'S, IT CREATES ALL SORTS OF CON UM, UM, ISSUES FOR US IN TRYING TO DETERMINE OWNERSHIP AND, UH, PART OWNERSHIP, ESPECIALLY WHEN, UM, THE OWNERSHIP IS DIVIDED BETWEEN THE ENTITIES AND PERSONS AND A MIX OF BOTH ENTITIES AND PERSONS AND INDIVIDUALS.
AND SO IT'S, IT'S, IT'S REALLY IMPOSS, ALMOST IMPOSSIBLE TO ENFORCE, UM, UM, IF IT'S NOT TIED TO THE LAND, BUT IN GENERAL IT WILLS, CORRECT.
UH, YOU KNOW, OUR, OUR PHILOSOPHY IS THAT WE ZONED LAND AND NOT PEOPLE.
AND SO IT'S NOT TIED TO PEOPLE.
SAY I'VE GOT A BASE OF PROPERTY AND RENTED IT TO WILL FOR 10 YEARS, FIVE YEARS, WHATEVER.
AND THEN KEY THE OPS OUT OF THAT THREE YEARS SAYS I CAN'T DO IT NO MORE.
THEN CAN JIM COME IN? YOU GOT TO GET IT SUP AGAIN, DID THAT BUILD IN OR WHAT? NO, IT'S ONLY THE SUP RUNS WITH THE LAND AND NOT THE OWNER.
AND SO, UM, THE SUP, UH, NO MATTER WHO'S RUNNING IT, UM, THE SUP WILL REMAIN IN PLACE UNTIL THE END OF THE TIME PERIOD.
IT IT'S REALLY WHY YOU WANT TO BE VERY SPECIFIC ON YOUR SUP'S ON WHAT CONDITIONS YOU PLACE ON THEM, BECAUSE ANYBODY CAN COME IN AND COMPLETE THE TIME LIVE.
THERE'S A TIME LIMIT, WHETHER I GOT 25 YEARS OR 10 YEARS, AS LONG AS I OPERATE THE SAME AS WILL OPERATED, I SHOULD BE ABLE TO CONTINUE ON WITH THAT TIME LIMIT.
SO THAT'S WHY YOUR SUP'S SHOULD BE REAL SPECIFIC ABOUT WHAT REQUIREMENTS ARE, WHAT THE LIMITATIONS ARE, WHETHER THERE'S HOURS OF LIMITATION, WHATEVER SPECIAL CONDITIONS YOU PLACE ON THE BRANDING OF THE SVP.
AND AS HE SAID, WE, WE, WE TRY AND ZONE THE LAND.
IS IT, IS THAT AN APPROPRIATE USE, REGARDLESS OF WHO'S RUNNING IT IS THAT INAPPROPRIATE USE.
WE TRY AND TAKE THE PEOPLE OUT OF IT AND IT, YOU KNOW, FOR A LONG TIME, UM, UH, YOU KNOW, IT WAS, WELL, I LIKED FRED.
HE DOESN'T, I, YOU KNOW, I LIKE WHEEL, HE DOES A GOOD JOB.
THE GMES, HE CAN'T RUN A BUSINESS FOR CRAP.
AND SO WE'LL GET WILLY SUP, BUT NOT JIM.
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WANT TO DO THAT.THAT SHOULD BE BASED ON THE USE.
IT IS THAT USED COMPATIBLE WITH THE SURROUNDING USES.
AND DOES IT MAKE GOOD SENSE WITHIN THAT TIMEFRAME AND CAN THEY RECOUP THEIR INVESTMENT WITHIN THAT TIMEFRAME? SO IT'S REALLY A REASON WHY TO LOOK AT THOSE MORE, SO, MORE CRITICALLY WITHOUT THE PEOPLE INVOLVED, BUT THE ACTUAL USE THAT'S INVOLVED AND WHAT'S THAT IT'S LIKE THE, THE, UM, UH, SALVAGE YARD, YOU KNOW, THINGS GREW UP AROUND IT AND IT, YOU KNOW, IT WAS NO LONGER A GOOD PLACE FOR THAT LOCATION, YOU KNOW, A GOOD LOCATION, I HAVE A BUSINESS.
SO THE, UM, SO THEN WE'RE NOW IN THE SAME BOAT WITH 40 40 FOR YOUR FLIGHT.
IF, IF THERE'S AN SUP ON IT AND THAT SUP, YOU KNOW, GOES ON, THEN SOMEBODY CAN, YOU KNOW, WE'LL CAN, YOU KNOW, GO IN, BUY THE SUP AND WHATEVER CONDITION RE GO IN BY THAT, OR TAKE OVER THE BUSINESS, WHATEVER CONDITIONS ARE PLACED ON THE SUP HE HAS TO COMPLY WITH.
WELL, UM, AND HERE, I'VE GOT, UH, HIGHLIGHTED IN BLUE AT THE TOP.
THESE ARE GENERALLY INDUSTRIAL USES.
THESE HAVE ALL RECEIVED SUP'S, THEY'RE MOSTLY ALLOWED BY SUP AND IN THE INDUSTRIAL ZONING DISTRICTS, UM, GOT FOOD PROCESSING AND STORAGE, RECYCLING, SALVAGE YARD, UM, TRUCK REPAIR, UH, TRUCK AND BUS STORAGE, HIGH-RISK USE AND CONTRACTORS OFFICE WITH OUTDOOR STORAGE.
UM, THE FIRST FIVE AT LEAST, YOU KNOW, ARE GENERALLY PRETTY CLOSE TO ONE ANOTHER.
UM, YOU COULD PROBABLY, UM, YOU KNOW, GENERALLY A 20 TO 25 YEAR SUP SEEMS ABOUT AVERAGE FOR THOSE INDUSTRIAL USES HIGH-RISK USE WAS, UM, UH, THERE WAS SOME VARIATION IN THOSE, THERE WAS ONE, I THINK FOR ONLY ABOUT 15 YEARS, THERE WAS ANOTHER ONE THAT WENT UP TO 40 YEARS AS FAR AS THE TIME PERIOD.
BUT, UM, BUT YOU KIND OF SEE SOME TRENDS THERE, MAYBE A 20 TO 25 YEAR TIME PERIOD FOR THESE INDUSTRIAL TYPE USES AGAIN, PROVIDED THERE'S NO REAL PARTICULAR MAJOR CONCERN WITH THE LOCATION.
UH, CONTRACTOR'S OFFICE WITH WAREHOUSE STORAGE FOR OUTDOOR STORES, EXCUSE ME.
UM, THAT HAD, UH, THAT WAS, IT'S A SMALL SAMPLE SIZE.
THERE'S ONLY ONE OF THOSE THAT WAS APPROVED WITHIN THE LAST FIVE YEARS.
I'VE GOT A TEN-YEAR SUP I'M NOT SURE WHY THAT WAS, UM, UH, UH, A SHORTER THAN USUAL SUP, BUT, UM, AGAIN, THE SAMPLE SIZE IS PRETTY SMALL, BUT, YOU KNOW, YOU COULD PERHAPS LUMP THAT IN THE SAME INDUSTRIAL CATEGORY, THAT IF THERE'S NO PARTICULAR CONCERN WITH THE USE WITH HELPING HAVING OUTDOOR STORAGE AND THE LIKE, AND IT'S IN AN INDUSTRIAL AREA, PERHAPS THAT COULD FOLLOW IN GENERAL 20 TO 25 YEAR TIME PERIOD GUIDANCE.
UM, AND THEN AS WE MOVE OVER AGAIN, THESE ARE ALL THE USE.
I WENT THROUGH EVERY, A HUGHES, EVERY SUP THAT WAS APPROVED AND LAST FIVE YEARS.
SO, UH, SOME OF THESE ARE DEALING WITH A REAL SMALL OF SAMPLE SIZE IN SOME CASES, JUST ONE OR THE ONE WAS APPROVED, BUT, YOU KNOW, FOR WHAT IT'S WORTH GOT IT, UM, MENTION HERE.
AND PERHAPS THAT'S STILL SOME POLICY GUIDANCE, UM, RATHER THAN NONE AT ALL.
UM, BUT IT GOT A LITTLE CHALLENGING TRYING TO CLASSIFY THESE INTO KIND OF GENERAL USE CATEGORY, BUT KIND OF JUST RUNNING THROUGH AND RECEPTION FACILITIES.
I BELIEVE ONLY ONE HAS BEEN APPROVED.
THAT WAS FOR 15 YEARS, I'VE GOT AN ASTERIX HERE.
TWO OTHERS WERE DENIED, UM, TATTOO SHOPS THAT TENDED TO HAVE A VERY SHORT TIME PERIOD APPROVED ABOUT FIVE YEARS, 5.3 YEARS.
UM, UH, THERE WERE ACTUALLY REALLY THE SAME TATTOO SHOP CAME THROUGH TWICE.
THEY INITIALLY GOT A THREE THREE-YEAR TIME PERIOD AND THEN COUNCIL GRANTED THEM A 10 YEAR EXTENSION, I BELIEVE.
AND THEN THERE WAS AN ADDITIONAL TATTOO SHOP AT ANOTHER LOCATION, BUT IT GOT ABOUT 10 YEARS, UM, UH, OF AN SUP, UM, GUEST HOUSE.
THERE WAS ONE APPROVED WITH A TIME PERIOD OF FIVE YEARS, BUT AS I'VE GOT NOTED HERE, THERE WAS ANOTHER ONE APPROVED AND THAT ACTUALLY HAD AN UNLIMITED, UH, TIME PERIOD ASSOCIATED WITH IT, UH, CELL TOWERS AND ANTENNA EQUIPMENT.
UM, THERE WAS ONE RECENTLY APPROVED FOR A 30 YEAR SUP TIME PERIOD.
THAT WAS ACTUALLY AN EXTENSION AND IT WAS, UM, FAIRLY, UM, UM, IT WASN'T REALLY A, UH, FREESTANDING TOWER IS MORE EQUIPMENT THAT WAS, UM, PRETTY WELL, UH, SHIELDED ON TOP OF A BUILDING KIND OF BLENDED IN COLOR WISE AND THAT SORT OF THING, UM, THAT THEY WERE, UH, THEY WERE ACTUALLY ADDING COME TO THINK OF IT.
THEY WERE ADDING SOME EQUIPMENT, PRETTY STEALTH EQUIPMENT IN OTHER WORDS, BUT THERE WAS ANOTHER ONE THAT WAS DENIED.
UM, THAT WAS A FREESTANDING TOWER THAT
[00:30:01]
WAS OPPOSING TO GO INTO, UH, QUITE A DENSE AREA.AND, UM, AND THEN KIOSK THERE'S, THERE'VE BEEN TWO KIOSKS, UH, THAT HAVE GONE THROUGH THE SEP PROCESS AND WERE APPROVED.
THOSE WERE BOTH ICE DISPENSING, KIOSKS.
UH, THE AVERAGE, THERE WAS 13 YEARS BETWEEN THE TWO.
UM, THERE'S ALSO A USED GOODS, RETAIL, UH, INDOOR OPERATION, I BELIEVE THAT WAS THE HABITAT FOR HUMANITY RESTORE.
UM, SO THERE WAS ONLY ONE OF THOSE THAT WAS APPROVED.
UM, THAT WAS FOR A PERIOD OF 20 YEARS AND ALSO A PERSONAL SERVICES, UM, UH, OPERATION.
SO AGAIN, A VERY SMALL SAMPLE SIZE THAT WAS FOR A HAIR SALON THAT WAS PROPOSING TO GO IN AN OFFICE ZONED PD.
UM, IT WAS DESIGNED FOR A MEDICAL AND PROFESSIONAL OFFICE COMPLEX, BUT A HAIR SALON WAS WANTING TO GO IN THERE.
SO THAT NEEDED AN SUP AND THEY WERE GRANTED 30 YEARS FOR THAT.
AND, UM, AND I BELIEVE, UM, SORRY, MY VIEW, IT WAS SKEWED.
I WAS ABLE TO SEE THE EDGE OF THIS, BUT I SEE IT NOW, CHARTER SCHOOL, THERE WAS ONE OF THOSE APPROVED FOR, AND THAT WAS FOR FIVE YEARS.
UM, THAT CHARTER SCHOOL ACTUALLY IS UP FOR RENEWAL.
THEY'RE GOING THROUGH THE ZONING PROCESS NOW.
UM, I BELIEVE THEY'RE ASKING FOR ANOTHER FIVE YEARS, BUT AGAIN, SMALL SAMPLE SIZE.
THAT WAS THE ONLY ONE, UM, THAT WAS APPROVED WITHIN THE LAST FIVE YEARS OR SO.
UM, BUT REALLY WITH THAT, MR. CHAIRMAN? YES, SIR.
UH, THIS IS FOR BRIAN, BRIAN, BRIAN.
ARE YOU THERE ALL HEAR ME? I CAN NOW GO AHEAD.
UM, IF THE OWNERSHIP CHANGES, YOU'RE TALKING ABOUT THE GROUND OR THE LAND, THE LAND CHANGE OWNERSHIP, WHAT HAPPENS TO THE SUP? THEY ASKED YOU PEE, THANK THEM.
AND SUP JUST LIKE YOU WOULD A ZONING, JUST A REGULAR STRAIGHT ZONING, JUST BECAUSE OF THE OWNERSHIP OF THE LAND CHANGES HANDS THAT DOESN'T CHANGE THE ZONING, UM, ON, ON WHICH THE LAND SITS.
AND SO THE SUP WOULD REMAIN IN EFFECT EVEN IF THE LAND CHANGED HANDS OR IF THE BUSINESS CHANGED HANDS EITHER ONE.
AND WHAT DID THE OWNERSHIP THEY WON THAT SUP THE OWNER OF THAT, UH, SAY CAR REPAIR AND HE DIDN'T WANT THERE NO MORE.
DOES HE HAVE THE RIGHT TO GET HIM OFF HIS PROPERTY? WELL, IF YOU'RE TALKING ABOUT THE CASE WHERE IT'S A LEASE, THEN YES, HE COULD CERTAINLY THROUGH THE LEASE PROVISIONS OF THE LEASE, HE COULD EVICT THEM FROM THE PROPERTY PURSUANT TO THE LEASE.
OR IF YOU'RE TALKING ABOUT A CASE WHERE HE SELLING THE LAND TO ANOTHER OWNER, AND HE DOESN'T WANT THAT BUSINESS TO, UM, CONTINUE ON THAT LAND, THEN HE COULD DO TO DO A DEED RESTRICTION, BUT THAT WOULDN'T CHANGE THE SUP SOMEBODY, THE NEXT OWNER WOULD STILL HAVE TO GO THROUGH THE ZONING PROCESS AND GET IT REZONED AT THAT POINT.
UH, SO THEY, THEY DO HAVE CONTROL IN TERMS OF A DEED RESTRICTION, BUT THAT'S NOT ZONING.
THE SUP WOULD STILL TECHNICALLY REMAIN IN PLACE.
ALL RIGHT, WELL, THANK YOU MR. GREER, AND I REALLY APPRECIATE YOU TAKING TIME TO GO THROUGH ALL THOSE CATEGORIES, ALL THE DIFFERENT, DIFFERENT ONES THAT WE'VE HAD OVER THE PAST SEVERAL YEARS.
AND MY INTENTION ON BRINGING THIS TO COUNCIL REALLY WAS TWOFOLD IS TO HELP THOSE INEXPERIENCED DEVELOPERS OR APPLICANTS WHO REALLY DON'T HAVE A CLUE.
AND I CERTAINLY TRUST YOUR STAFF'S JUDGMENT ON IT, BUT, YOU KNOW, IF SOMETHING WOULD HAPPEN TO YOUR WHOLE STAFF TOMORROW, I WOULD LIKE TO HAVE SOME KIND OF FORMAL DOCUMENTS THAT, HEY, THIS IS WHAT WE'VE HAD HISTORICALLY.
THIS IS WHAT WE CAN USE TO POINT TO IS KIND OF A POLICY DIRECTIVE SAYING, YEAH, FOR THE HOTEL, YOU'RE GOOD FOR 42 OR THREE YEARS, WHATEVER IT MAY BE INDUSTRIAL USES 20, 25 YEARS AND DOESN'T HAVE TO BE A SPECIFIC DATE.
IT COULD BE A RANGE LIKE THAT.
AND I, YOU KNOW, THAT WOULD BE A BASIS STARTING DOCUMENT FOR THOSE PEOPLE COMING TO YOUR OFFICE SAYING, HERE'S WHAT WE'VE SEEN HISTORICALLY, IT'S DOCUMENTED.
THIS IS WHAT HAS BEEN APPROVED IN THE PAST.
AND AS YOU SEE, THERE'S MORE, UM, THOSE USES THAT ARE, HAVE MORE OF A DEBATE AROUND THEM, LIKE THE TATTOO SHOP AND SO FORTH AT SHORTER TIMELINES.
SO, UM, COUNSELING VARIOUS, SIR.
UM, ON, UH, WHAT WAS IT, UM, OKAY.
THIS SUP UH, WE TALK AND ALSO TO GIVE IT TO THE LANDOWNERS AROUND WHEN THEY WANT TO OPEN AN SUV, THE, THE PEOPLE AROUND THERE, LIKE NEXT DOOR
[00:35:01]
PEOPLE AND ALL THAT, OR ARE THIS IS SUP, IS THAT JUST GOING TO GO TO THE OWNERS OF THE PROPERTY? ARE YOU TALKING ABOUT NOTIFICATION? CAUSE THIS IS LIKE A ZONING CASE.WE NOTIFIED THE SURROUNDING PROPERTY OWNERS WERE NOTIFIED OF THIS, OF A CHANGE, JUST LIKE OUR ZONING PROCESS.
WELL, WHAT ABOUT THE RENTERS? IT AFFECTS THE RENTERS MORE THAN IT DOES THE OWNERS, BECAUSE THE OWNER MIGHT BE IN CALIFORNIA, YOU KNOW, AND HE IS NOT HERE FOR THAT.
THAT'S WHAT I'M SAYING, CORRECT ME IF I'M WRONG, MR. GRAHAM.
BUT IF THERE'S A, THE LEASEE OR THE, UH, THE OWNER HAS TO MAKE THE APPLICATION, CORRECT.
WE CAN'T BE, UM, LACY OR DO THEY DO HAVE THAT SOMETIMES CORRECT FOR ZONING, ANY ZONING APPLICATION THAT INCLUDES SUP'S, WHICH ARE ZONING CASES? UM, UH, YES, SIR.
TH THERE, UH, THE PROPERTY OWNER, WE DO REQUIRE PROPERTY OR SIGNATURE ON THE APPLICATION, SO THEY, THEY NEED TO BE AWARE OF IT.
UM, IN MANY CASES THAT MAY BE, UM, A USER THAT HAS IT UNDER CONTRACT WITH THE PROPERTY OWNER, UM, OR THERE MAY BE LEASING IT, BUT YES, WE DO REQUIRE OWNER AUTHORIZATION SO THAT THE APPLICANT CAN PROCEED.
AND THEN IF THERE'S A LACEY WHO HAS THE, IT CHANGED, THE OWNER MAKES A CHANGE AND THE ZONING, TECHNICALLY THE SUP USE CHANGES.
UM, IT WOULD BE JUST A NON-CONFORMING USE OF THAT ONE.
IS THAT RIGHT? LEGAL NONCONFORMING.
IF IT'S, UM, UM, IF IT'S AN ACTIVE USE THAN IT WOULD BE LEGALLY NON-CONFORMING AND IF, UH, COUNCILMAN VIERA, IF YOU WERE, UH, IF YOUR QUESTION WAS, UM, TARGETED TOWARD NEIGHBORING PROPERTY OWNERS AND NEIGHBORING LESSEES, THEN THE SAME ANSWER, IT WOULD DEPEND.
NUMBER ONE, IF THEIR LEASE HAS BEEN RECORDED WITH THE COUNTY, AND IT ALSO WOULD DEPEND ON WHO'S RESPONSIBLE FOR TAXES ON THE PROPERTY, WHETHER IF THE LESSEE'S RESPONSIBLE OR THE LESSER, BECAUSE THE NOTIFICATION LISTS BASED ON THE TAX APPRAISAL, I BELIEVE, UNLESS WILL WANTS TO TELL ME DIFFERENTLY.
I BELIEVE IT'S NOT BASED ON THE COUNTY APPRAISER, NOT, NOT THE COUNTY REAL PROPERTY RECORDS, BUT THE APPRAISAL RECORDS.
AND SO IF THE LES OR LESSEES RESPONSIBLE FOR TAXES, THAT HE WOULD BE THE ONE NOTIFIED.
WELL, UH, LIKE I SAID, THANK YOU MR. GARRETT, FOR PUTTING THIS TOGETHER.
AND IF WE COULD GET MAYBE A DOCUMENT THAT JUST HAD JUST WHAT YOU SHOWED THERE, HERE'S THE DIFFERENT DIVISIONS WE'RE GOING TO NEED TO GO THROUGH.
ALL OF THE SUP USES THAT ARE AVAILABLE TO US.
WE MIGHT NOT HAVE ANY FOR, YOU KNOW, HISTORICAL RECORD OF SOME CATEGORIES, PERHAPS THAT ARE JUST, HAVEN'T BEEN, HAD AN APPLICATION MADE FOR THOSE, BUT I'D LOVE TO TAKE THAT DOCUMENT AND THEN SAY, THIS IS WHAT WE'VE SEEN IN THE PAST AND PRESENT THE COUNCIL, MAYBE JUST KIND OF A GUIDE GOING FORWARD FOR OUR USE AS WELL AS YOUR USE AS WELL.
AND TAKE THAT TO THE FULL COUNCIL.
YOU SAID THAT'S RIGHT? YUP, ABSOLUTELY.
DO YOU HAVE ANYTHING ELSE ON THIS ITEM HERE? THAT'S IT.
THAT WAS THE LAST ITEM ON OUR AGENDA.
UM, WE, UH, I KNOW WE HAVE A COUPLE OF PENDING ITEMS FOR FUTURE MEETINGS AND WE'RE TALKING ONE ABOUT MASONRY CLADDING ON POLES FOR CARPORTS, AND THEN LOOKING AT AN ORPHANAGE REGARDING HISTORIC OUR ICONIC SIGNS.
SO WE'LL LOOK FORWARD TO THE MEETING NEXT MONTH FOR THOSE.
UH, I APPRECIATE EVERYONE'S TIME AND, UH, HAVE A GOOD EVENING.