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GOT MY PAPERS MIXED UP HERE.NOTICES HEREBY GIVEN THAT THE PLAN IS ON COMMISSION OF THE
[I. COMMENCEMENT ]
CITY OF CLUTE, TEXAS WILL MEET IN A REGULAR MEETING TO BE HELD ON TUESDAY, JANUARY 30TH, 2024 AT 6:00 PM IN THE CLUTE CITY HALL COUNCIL CHAMBERS LOCATED AT 1 0 8 MAIN STREET, CL, TEXAS 7 7 5 3 1.FOR THE CONSIDERATION OF THE BELOW LISTED ITEMS, THE PNZ RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, INCLUDING BUT NOT LIMITED TO, SECTIONS 5 5 1 0.071.
CONSULTATION WITH AN ATTORNEY, 5 5 1 0 7 2 DELIBERATION ABOUT REAL PROPERTY, 5 5 1 0 7 3 DELIBERATION ABOUT GIFTS AND DONATIONS.
5 5 1 0.087 ECONOMIC DEVELOPMENT AND IS AUTHORIZED BY THE TEXAS TAX CODE, INCLUDING BUT NOT LIMITED TO, SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA MEETING LINK ARE POSTED ON THE CITY'S WEBSITE@WWW.KLUTEXAS.GOV.
UH, NOW I'LL CALL THIS MEETING INTO ORDER.
AND, UH, GERALD WOULD YOU'D LIKE TO GIVE THE INVOCATION, PLEASE? I PRAY.
OUR FATHER, WE COME TO LEAD TONIGHT.
WE JUST THANK YOU FOR THE PRIVILEGE OF PRAYER AND FOR THE, FOR WHO YOU ARE, LORD AND ALMIGHTY ONE THAT YOU ARE.
AND GOD, WE JUST ASK THAT YOU WILL BE WITH US TONIGHT, LORD, AND JUST GUIDE US IN THE DECISION WE HAVE TO MAKE TONIGHT.
LORD, WE JUST ASK THAT YOU WILL BE WITH US FOR THAT WE MIGHT MAKE EASY DECISION FOR THE BETTER OF THIS CITY.
JESUS NAME, JOIN US FOR THE PLEDGE PLEDGE FLAG OF THE UNITED STATES OF AMERICA AND TO REPUBLIC FOR WHICH HE STANDS.
ONE, ONE NATION UNDER GOD AND INDIVIDUAL WITH LIBERTY KING.
UH, NEXT ITEM THERE IS ROLL CALL MEMBERS ARNOLD VAUGHN.
PRESENT DAVID CORPORATE PRESENT.
[II. CONSENT AGENDA]
NEXT ITEM IS CONSENT AGENDA AND IT'S MINUTES OR THE MEETING ON DECEMBER 12TH, 2023.[III.A. Consideration and possible action to nominate and elect a member of the commission to the position of chairperson.]
IS NEW AND OLD BUSINESS ITEMS ITEM MAY IS CONSIDERATION AND POSSIBLE ACTION TO NOMINATE AND ELECT A MEMBER OF THE COMMISSION TO THE PERSON OF, TO THE POSITION OF CHAIRPERSON ANYBODY'D LIKE TO MAKE NOMINATION, I'D LIKE TO NOMINATE ARNOLD BOND.I'LL SECOND MATT, I'LL THIRD IT.
OKAY, WE HAVE A MOTION, THE SECOND AND THE THIRD.
[III.B. Consideration and possible action to nominate and elect a member of the commission to the position of vice-chairperson.]
B, CONSIDERATION POSSIBLE ACTION TO NOMINATE AND ELECT A MEMBER OF THE COMMISSION TO THE POSITION OF VICE CHAIRPERSON.I'D LIKE TO NOMINATE GERALD KENNEY.
WE GOT A MOTION IN THE SECOND.
AND NOW TO THE OTHER BUSINESS CONSIDERATION
[III.C. Consideration and possible action to recommend the setting of a joint public hearing date for a specific use permit for a ground floor residence located at 530 S. Hwy 288B (Proposed JPH Date: 02/22/2024).]
AND POSSIBLE ACTION TO RECOMMEND THE SETTING OF A JOINT PUBLIC HEARING DATE FOR A SPECIFIC USE PERMIT FOR A GROUND FLOOR RESIDENCE LOCATED AT FIVE 30 SOUTH HIGHWAY 2 88 B.AND THAT PROPOSED JOINT PUBLIC HEARING DATE WOULD BE 2 22 24.
THIS, UH, APPLICATION COMES BEFORE US AT NIGHT.
UH, THIS IS A PROPERTY THAT IS IN A COMMERCIALLY ZONED TRACT ADJACENT TO COMMERCIAL PROPERTY, BUT THAT HAS BEEN BEING USED AS RESIDENTIAL PROPERTY FOR A PERIOD OF TIME.
THE APPLICANT'S ON HAND ANSWER QUESTIONS.
UH, THERE IS NO PRIOR SUP FOR THIS.
AND AS WE DISCOVERED, UH, DURING THE, UH, PREVIOUS SUP HEARING FROM LAST MONTH, YOU HAVE TO, IF YOU'RE IN A COMMERCIAL ZONE, UH, WITHOUT AN SUP, YOU'VE GOTTA EITHER HAVE AN ELEVATED RESIDENCE.
THERE'S A, THERE'S THE ALLOWANCE FOR THAT ABOVE A BUSINESS, BUT NOT GROUND FLOOR.
THIS IS ON THE GROUND FLOOR AND THAT'S THE REASON WE'RE BEFORE YOU TODAY MAKING THIS REQUEST.
UH, MS. HERNANDEZ, DO YOU WANNA COME UP AND ADDRESS THE, THE BOARD? UH, IF YOU WANNA EXPLAIN HOW LONG YOU'VE HAD THE PROPERTY, HOW LONG YOU RESIDED THE PROPERTY, HOW YOU CAME TO HAVE THE PROPERTY, MIGHT
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ANY QUESTIONS THAT THEY MIGHT HAVE PROPERTY.FIVE YEARS, UH, 20 BE FIVE YEARS.
AND I BOUGHT IT FOR MR. HE BOUGHT IT FROM, UH, TRANSFERRED TO RESIDENTIAL.
I THOUGHT IT WAS MR. THOUGHT IT WAS, DID DID HE EVER LIVE IN THE BUILDING HIMSELF? DO YOU KNOW ALEX? NO.
HE BOUGHT IT AND HE WAS GONNA, UH, REMODEL FOR OFFICES.
HE SOLD IT TO ME BECAUSE I WAS INTERESTED IN THE PROPERTY.
SO YOU'LL BE THE FIRST ONE AS FAR AS WANTING TO LIVE IN IT, NOBODY PRIOR TO THAT.
THE, THE BOY I BELIEVE DID DO WHAT? THE BOYTONS, WHEN THEY HAD THE BOYTONS BOY, BOY CARLINE, REMEMBER THEY HAD BOY CAR? YEP.
SO, SO THAT, THAT WAS KIND OF LIKE THEIR OFFICE OR SOMETHING, WASN'T IT? YES.
BUT YOU'VE BEEN LIVING THERE FIVE YEARS NOW? YES, SIR.
HOW DID THAT THAT SHE'S NOT LIKE GRANDFATHERED OR SOME, WELL, TECHNICALLY SHE WOULD BE, BUT TO GET THE WATER MOVED OVER WHEN WE CAUGHT THIS, WE FELT LIKE WE NEEDED TO PUT A BELT AND SUSPENDERS BECAUSE WE'VE HAD A NUMBER OF THESE ISSUES POP UP.
BUT WE'VE GOT RESIDENCES IN COMMERCIAL, COMMERCIAL TRACKS WITHOUT AN SUP.
SO THIS IS JUST A FORMALITY TO GET IT FOR IT DOESN'T HAVE TO BE A WELL, SO THIS WOULD GRANT HER THE ABILITY TO USE IT AS A RESIDENT LEGALLY UNDER OUR ZONING CODE.
IF SOME, IF SHE SELLS THE PROPERTY OR PASSES THE PROPERTY ALONG, THEN YOU WOULD HAVE TO RENEW THE SUP JUST LIKE ANYBODY ELSE.
NOW IF, IF I UNDERSTAND THAT RIGHT, IF EITHER SIDE, WHICH IS COMMERCIAL AND ACTIVE AS COMMERCIAL, IF IF THEY WENT IN THERE AND DEMOED IT, PUT IN A WELDING SHOP MAKING A BUNCH OF NOISE OR WHATEVER, THEN THEN THAT'S MA'AM AND THEN THAT'S THE WAY IT WILL BE.
YOU KNOW, BECAUSE IT IS COMMERCIAL.
I WANT YOU TO BE AWARE OF THAT.
UH, YOU WON'T BE ABLE TO MODIFY THAT SUP IN WISHES FOR THE NO.
ANY NOISE OR TRUCKS OR ANYTHING LIKE THAT.
UH, DID I HATE FOR YOU TO GET IN THERE AND GET COMFORTABLE AND START DOING STUFF AND THEN SOMETHING ELSE HAPPENS? SHE'S ALREADY DOING THAT.
SHE'S BEEN THERE FOR FIVE YEARS.
WELL, YEAH, I KNOW SHE'S VERY FORTUNATE.
BUT, AND, AND JUST ALSO MAYBE PREEMPT THE QUESTION, THE QUESTION ABOUT CHANGING THE ZONING FOR HER PARTICULAR TRACK WOULD RESULT IN SPOT ZONING, WHICH IS NOT ALLOWED UNDER STATE LAW OR FEDERAL LAW.
SO THIS IS THE ONLY APPLICATION BY WHICH SHE CAN CONTINUE TO DO THIS UNDER OUR ORDINANCE UNTIL IT GETS CHANGED.
AND YOU, AND YOU'RE AWARE THAT IF YOU MOVE OUT, YOU CAN'T LIKE RENT IT TO SOMEBODY ELSE, RIGHT? I MEAN IT'S STRICTLY YOU LIVING THERE.
YOU KNOW? I MEAN IT'S A, WE'RE TRYING TO PROTECT YOU ALSO.
WE, WE RUN INTO THIS BECAUSE OF THE COMMERCIAL AND THE RESIDENTIAL BUMP HEADS AND A LOT OF PLACES INCLUDE, AND WE'VE HAD, YOU KNOW, PEOPLE GET UPSET ABOUT IT, YOU KNOW, BUT I MEAN, WHAT ARE YOU GONNA DO? THIS IS RE YOU KNOW, THAT'S KIND OF WHERE YOU'RE AT.
YOU KNOW, SO WE JUST DON'T WANT YOU TO, TO GET IN THERE AND GO, UH, OH, YOU KNOW, I MESSED UP.
SO NOW MAY I ASK, WILL SHE BE, IF I MAY, WILL SHE BE PAYING LIKE A R ONE TAX RATES OR COMMERCIAL TAX RATES? SO OUR ZONING IS NOT SUPPOSED TO HAVE ANYTHING TO DO WITH THE APPRAISAL.
IT'S THE USE BY WHICH THE APPRAISAL, APPRAISAL DISTRICT CONSIDERS THE PROPERTY, BUT THEY'RE NOT SUPPOSED TO TAKE OUR ZONING INTO ACCOUNT ACCORDING TO STEP.
WE KNOW WHAT HAPPENS, WE KNOW IT RUBS OFF, BUT TECHNICALLY SPEAKING, THEY'RE NOT SUPPOSED TO CONSIDER ZONING IN THEIR APPRAISAL.
SO TYPICALLY THE, THE, WHEN I'VE TALKED TO THE APPRAISAL DISTRICT IN THE PAST, THEY GO BY WHAT IT'S BEING USED FOR, NOT WHAT IT'S ZONED FOR.
ANYBODY GOT ANY MORE? I GOT ONE QUESTION.
HOW LONG DID IT TAKE YOU TO CUT THAT BIG TREE DOWN? YEAH,
I SAW IT, I SAW, I DROVE BY THIS AFTERNOON AND I, I SAW THE LAST LITTLE BIT KIND OF WAS THERE.
I DIDN'T KNOW BECAUSE THE INSURANCE, SOME THE INSURANCE BECAUSE HE WAS SO CLOSE TO THAT.
SO MY SON, UH, GOT TOGETHER 12 FRIENDS OF HIS, SO THEY DID IT IN ONE DAY.
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GUYS OUT THEREAND THAT WAS A BEAUTIFUL TREE.
IT WAS, I HATED TO GET RID OF IT, BUT YEAH.
WELL, I'LL MAKE A MOTION THAT WE GO AHEAD AND PUSH IT UP TO I SECOND IT.
OKAY, WE GOT A MOTION AND A SECOND.
WE WILL SEND IT TO THE CITY COUNCIL AND LET THEM DECIDE FROM THAT POINT.
AND THAT'LL BE ON FEBRUARY THE 22ND AT 7:00 PM 2 22 24.
AND AND THE NEXT ITEM IS ADJOURNMENT.
ALL IN FAVOR? NO DISCUSSION ANYBODY? NO A AYE.