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RIGHT? THEY COULDN'T POSSIBLY HAVE THE POSITION.[I. COMMENCEMENT]
THEY DON'T HAVE TO PAY NOTICES.HEREBY, GIVEN THAT THE PLANE IS ZONING, COMMISSION OF THE CITY OF CLUTE, TEXAS WILL MEET IN A REGULAR MEETING TO BE HELD ON THURSDAY, OCTOBER 9TH, 2025 AT 6:00 PM AND INCLUDE CITY HALL COUNCIL CHAMBER, LOCATED AT 1 0 8 MAIN STREET, CL, TEXAS 7 7 5 3 1.
FOR THE CONSIDERATION BELOW LISTED ITEMS, THE P AND Z RESERVES THE RIGHT TO ADJOURN THE 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 0.072 DELIBERATION ABOUT REAL PROPERTY, 5 5 1 0.073 DELIBERATION ABOUT GIFTS AND DONATIONS 5 5 1 0.087 ECONOMIC DEVELOPMENT AND IS AUTHORIZED BY THE TEXAS TAX CLOTHING TAX CODE, INCLUDING BUT NOT LIMITED TO SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THIS AGENDA AND MEETING LINK ARE POSTED ON THE CITY'S WEBSITE@WWW.KLUTEXAS.GOV.
UH, FIRST ITEM IS, UH, COMMENCEMENT WE'D CALL TO ORDER.
SO IF YOU WOULD JOIN US IN THE INVOCATION DEARLY.
FATHER, WE THANK YOU JUST FOR ANOTHER BEAUTIFUL DAY.
AND LORD, WE JUST THANK YOU FOR ALL THAT YOU PROVIDE FOR OUR CITY, LORD.
AND WE JUST ASK THAT YOU GUIDE US TONIGHT, THE DECISIONS WE MAKE HERE, THAT, THAT WHAT'S BEST FOR OUR CITIZENS AND WHAT YOU KNOW, HELPS THE CITY OUT AS WELL.
LORD, WE JUST HOPE THAT YOU BLESS EVERYONE HERE AND THEIR FAMILIES.
JOIN US FOR THE UNITED STATES OF AMERICA AND THE REPUBLIC FOR WHICH STANDS, ONE NATION, GOD AND INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[II. CONSENT AGENDA]
NEXT ITEM IS THE CONSENT AGENDA, MINUTES FOR THE MEETING JULY 10TH, 2025.I MAKE A MOTION TO ACCEPT AS GRANT I SECOND IT.
[Ill. NEW AND OLD BUSINESS ITEMS]
CARRIES.WE'LL MOVE ON TO THE NEXT ITEM IS NEW AND WHOLE BUSINESS ITEMS. ITEM A IS CONSIDERATION OF POSSIBLE ACTION TO RECOMMEND THE SETTING OF A JOINT PUBLIC HEARING DATE FOR A PROVISION TO THE ZONING ORDINANCE THAT ALLOWS GROUND FLOOR RESIDENTS ON EXISTING HOMES BUILT PRIOR TO 2016.
PROPOSED JOINT PUBLIC HEARING DATE WOULD BE 11 13 20 25.
MR. DUNCAN'S ASKED ME TO KIND OF ADDRESSING THE, THE ISSUE INITIALLY, AND YOU'VE GOT ITEM C ON THE AGENDA TONIGHT, UH, FALLS INTO THIS CATEGORY WHERE WE CONDUCTED A, A REZONING OR WE REMAPPED THE ZONES IN 2016.
AND WHEN WE DID, WE CAPTURED A LARGE NUMBER OF SINGLE FAMILY DWELLINGS THAT, UH, THAT FOLKS HAVE, WERE RESIDING IN AT THE TIME AS NON-CONFORMING AND WERE GRANDFATHERED, BUT HAVE STARTED TO TURN AND FLIP.
AND WE'VE SEEN AN INCREASING NUMBER OF INTEREST IN APPLICATIONS FOR AN SUP.
AND SO STAFF WAS WONDERING IF IT MIGHT NOT BE MORE A STREAM, MORE STREAMLINED PROCESS TO GO AHEAD AND INSTEAD OF REQUIRING AN SUP EVERY TIME SOMEBODY BUYS A HOUSE, UH, IN THE CASE OF THE FOLKS THAT ARE HERE TONIGHT, THEY BOUGHT A HOUSE, THEY WANTED TO RENOVATE IT, THEY CAME TO PULL THE PERMITS, BUT WE CAN'T ISSUE A PERMIT BECAUSE THEY DON'T HAVE AN SUP FOR WHAT SHOULD BE A BUSINESS, BUT WHAT THEY INTEND TO USE AS A RESIDENCE PERHAPS IN THE FUTURE AS A BUSINESS.
AND SO, UH, WE'RE IN THIS CATCH 22 POSITION WHERE WE HAVE HOMES BEING SOLD AS RESIDENCES, MARKETED AS RESIDENCES, BUT THEY'RE IN A COMMERCIAL ZONE AND FOLKS HAVE TO COME ASK PERMISSION BASICALLY TO USE THEIR HOME IN THAT MANNER.
SO WE DIDN'T, WE DON'T HAVE A DRAFT ORDINANCE, BUT WE WANTED TO GET THE P AND Z'S THOUGHT BEFORE WE SET TWO, PUTTING TOGETHER AN ORDINANCE AND POSSIBLY ASKING COUNSEL'S OPINION ON THIS ISSUE.
WELL, AND ALSO THIS ITEM IS ONLY TO, UH, TO SET A HEARING.
SO YOU DON'T HAVE TO MAKE ANY DECISION OR REALLY HAVE ANY INPUT RIGHT NOW OTHER THAN, I MEAN YOU, ALL THE DETAILS WILL BE DISCUSSED AT THE FUTURE, AT A FUTURE HEARING IF Y'ALL AGREE TO SET THE HEARING.
SO THEN YOU ALL CAN CONSIDER THE PROS AND THE CONS AND LOOK AT THE PERSPECTIVE ORDINANCE AND DECIDE IF Y'ALL WANT TO MAKE CHANGES TO THAT OR WHAT YOUR RECOMMENDATION WOULD BE TO CITY COUNCIL.
BUT THESE AGENDA ITEMS TODAY ARE JUST TO SET A HEARING FOR Y'ALL TO CONSIDER IT.
THIS IS REAL SIMILAR TO WHAT WE RUN INTO WITH THE WHOLE CAR LOT OVER HERE BY THE OVERPASS, RIGHT? YES, SIR.
AND SO WE HAVE A SITUATION, UH, ON, ON KIN STREET WHERE AN ENTIRE BLOCK WENT FROM R ONE TO C
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TWO AND WE HAD AN INDIVIDUAL THERE WHO WANTED TO RENOVATE HIS HOME, MAKE AN ADDITION TO IT.WE REFUSED HIS PERMIT, WE EXPECTED HIM TO FILL OUT AN SUP, BUT HE DECLINED AND DECIDED NOT TO MAKE THE RENOVATION.
AND, UH, THIS INSTANCE, WE HAD A HOME SOLD.
UH, THE INDIVIDUALS WANNA RENOVATE THE HOUSE, BUT WE CAN'T ISSUE THE PERMIT BECAUSE THEY DON'T HAVE THE SUP.
AND SO, UH, WE SEE THIS HAPPENING MORE AND MORE FREQUENTLY, YOU KNOW, IN PRACTICAL MATTER.
YOU KNOW, A LOT OF THESE, THESE PLACES ARE ACTUALLY HOUSES.
THEY'RE NOT BUILDINGS THAT YOU WOULD TYPICALLY RUN SOME SORT OF BUSINESS OUT OF.
SO, YOU KNOW, THE OTHER OPTION WAS IF, YOU KNOW, WE ENFORCE, I GUESS THE INTENTION, RIGHT? WHEN YOU REZONE THE COMMERCIAL IS WELL THE PEOPLE LIVE THERE AND THEN WHENEVER THEY'RE DONE LIVING THERE, THEY WANT TO SELL THEIR HOUSE OR WHATEVER, YOU KNOW, THE OPTION WOULD BE TO TEAR THE BUILDING DOWN AND BUILD A COMMERCIAL BUILDING.
RIGHT? UH, BUT UH, YOU KNOW, YOU HAVE TO KIND OF BALANCE THAT WITH DO WE HAVE A LOT OF COMMERCIAL, YOU KNOW, DEMAND? ARE THERE PEOPLE OUT THERE THAT WANT TO BUY THESE HOUSES AND TEAR 'EM DOWN AND BUILD A, YOU KNOW, SOME SORT OF RETAIL BUILDING THAT WOULD BE SUITED TOWARD RETAIL? RIGHT? AND SO, YOU KNOW, YEAH, YOU WANT TO ENCOURAGE COMMERCIAL IN A COMMERCIAL ZONE, BUT THEN YOU ALSO HAVE TO KIND OF WEIGH THE IDEA OF LIKE, IS THAT REALLY PRACTICAL THAT THERE'S A BUNCH OF PEOPLE OUT THERE WAITING FOR THESE HOUSES TO, YOU KNOW, THE PEOPLE TO MOVE ON, SELL IT OR PASS AWAY OR WHATEVER.
AND THESE PEOPLE LIKE, OH, I CAN'T WAIT TO TEAR THAT HOUSE DOWN AND PUT SOME INDUSTRIAL BUSINESS OR SOME RETAIL BUSINESS THERE.
RIGHT? SO, YOU KNOW, THOSE ARE THE KIND OF, YOU KNOW, FACTORS THAT, BUT LIKE I SAID, THIS IS JUST TO PUT IT ON A HEARING FOR Y'ALL TO DISCUSS, DISCUSS IT, AND MAKE YOUR POINTS AND MAKE YOUR DECISION.
WHAT DO Y'ALL WANT TO DO? WELL, I THINK WE RUN INTO IT JUST BECAUSE OF OUR COMMERCIAL AND OUR RESIDENTIAL JUST, BUT UP LITERALLY ACROSS THE STREET.
WELL, AND SOMETIMES ON THE SAME SIDE OF THE STREET.
YOU'VE GOT, YEAH, IT'S DID WHEN WE WORKED ON OUR, UH, UH, UH, C ONE, C TWO, C3 AND THEN R ONE, TWO AND THREE, UH, DIDN'T WE OR DID WE, UH, ADDRESS THIS AS FAR AS NOISE AND, AND HEAVY INDUSTRIAL LIGHTING? YOU'LL HAVE TO FORGIVE ME, I WASN'T HERE WHEN WE, WHEN WE MADE THOSE CHANGES BACK IN 2016.
SO I CAN GO BACK AND LOOK AT THE MINUTES, BUT Y'ALL WILL PROBABLY RECALL BETTER THAN I WILL AS TO WHAT, WHAT THE DISCUSSIONS WERE.
I, I REMEMBER IT HAPPENING, BUT I DON'T REMEMBER EXACTLY WHERE WE ENDED UP.
I DON'T REMEMBER THE TIMEFRAME 'CAUSE THAT FAR BACK, BUT I DO KNOW THAT THERE WERE, YEAH, THE SOUND LEVELS WERE ON THE COMMERCIAL BECAUSE OF THE RESIDENTIALS BEING CLOSED.
THAT THAT REALLY GOT BROUGHT UP ON MAIN STREET OR SOMETHING.
THAT, THAT WAS A BIG DEAL ABOUT THAT.
AND THAT'S WHERE THEY SAID, OKAY, WE'RE GONNA GIVE YOU A COMMERCIAL, BUT YOU GOTTA KEEP IT QUIET.
AND IF THEY COULDN'T DO THAT OR, OR PROVE, WELL, WE HAD MOVED, I REMEMBER WE MOVED SEVERAL ITEMS TO A DIFFERENT, LIKE FROM C ONE TO C TWO BECAUSE IT WAS A KIND OF A GRAY AREA AND IT COULD BE NOISY.
BUT, UH, I I WE NEVER DID GET THE FINAL DRAFT ON, ON THAT ALSO.
WELL, THAT'S, THAT'S THE BENEFIT OF Y'ALL.
Y'ALL RECALL WHAT Y'ALL WANTED TO DO AND EVERYTHING AND WHAT THE DIFFERENT THINGS THAT Y'ALL DISCUSSED BACK THAT DAY.
BUT, UH, LIKE I SAID, THIS IS JUST, WOULD Y'ALL BE OPEN TO SETTING IT FOR A HEARING TO DISCUSS IT AND LOOK AT IT AGAIN, RIGHT? YEAH.
ALL, YOU KNOW, ALL THE, ALL THE FACTORS WHEN WE HAVE A HEARING RIGHT.
I DON'T THINK THERE'S A A, YOU KNOW, DISCUSSING AND THE HEARING'S GOOD BECAUSE IF PEOPLE UNDERSTAND WHAT THEY'RE READING IN THE PAPER AND THEY SHOW UP RIGHT.
REALIZING THAT SOMETHING'S FIXING TO HAPPEN, THAT'S THE OTHER END OF THEIR STREET, YOU KNOW? CORRECT.
SO WE DEFINITELY NEED TO HAVE A HEARING AND NOT MAKE NO DECISION.
WELL NOW WOULD THIS BE OPEN TO THE PUBLIC OR A WORKSHOP FOR JUST US? NO PUBLIC HEARING.
I MEAN WE WOULD, WOULDN'T IT BE A JOINT PUBLIC HEARING? YEAH.
THIS IS TO KIND OF GET THIS HONESTLY IS FEELING Y'ALL OUT TO SEE IF THERE'S EVEN A DESIRE TO DO THAT.
I THINK, I MEAN, I, I COULD SEE WHAT'S GOING ON NOW.
WELL, IF WE KEEP DOING IT THAT WAY, WE'RE GOING TO, WE COULD CONCEIVABLY BE SHORTED FOR COMMERCIAL.
WELL THAT'S, THAT WAS MY DEAL ON, ON MAIN STREET.
I DIDN'T, I DIDN'T RIDE THERE A GOOGLE EARTH LEWIS STREET TO LOOK.
IT IS, I, SO I WOULD SEE A PACIFIC EAST PERMIT FOR THE ONE ON MAIN STREET AND MORE THAN I WOULD CHANGING IT.
AND I MEAN THAT'S JUST, IF THEY TURNED A HOUSE, THEN THE NEXT NEXT PERSON WOULD JUST HAVE TO RE REDO IT.
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AND YOU ALSO HAVE TO BE CAREFUL OF, YOU KNOW, UH, WE KEEP MAKING EXCEPTION, ACCEPTING OBJECTION THEN WITH THE POINT YOU HAVE THE RULE 'CAUSE YOU'RE GRANT THEY ACCEPT.THAT'S WHY WE CAN DEBATE THAT.
SO ANYWAY, SO THIS WOULD JUST BE A REQUEST TO SET A, A PUBLIC HEARING FOR, UH, NOVEMBER 13TH, JOINT PUBLIC HEARING.
I THINK WE NEED TO ADDRESS IT.
YOU WANNA SET THAT HEARING FOR THE NOVEMBER 13, NOVEMBER 13TH? I'LL MAKE A MOTION.
WE SET IT GOING OVER THE HEARING FOR NOVEMBER 13TH.
OR FOR THE P AND C FOR NOVEMBER THE 13TH.
WE GOT A MOTION IN THE SECOND.
ANYBODY OPPOSED? MOTION CARRIES.
THEN WE CAN SET THAT AND DISCUSS IT BETTER AT THE TIME.
DO WE WANT TO MEET BEFORE AND YOU GET OUR STRATEGY TOGETHER? NO.
WELL, MY OPINION IS TO GET ALL THE HEADS TOGETHER AND KIND OF BOUNCE.
'CAUSE WE MAY MISS SOMETHING THAT SOMEBODY ELSE.
BECAUSE NO MATTER, NO MATTER WHAT, WE THINK THERE'S FIVE OTHER PEOPLE THAT'S GONNA
WELL, WE HAVE, WE HAVE, EXCUSE ME, BUT WE HAVE SOME ELDERS THAT KNOW STUFF THAT HAPPENED IN THE PAST, WHEREAS I'VE ONLY BEEN HERE, I DON'T KNOW, 7, 8, 10 YEARS, WHATEVER.
AND MISSED A LOT OF STUFF PRIOR TO THAT.
WHAT, WHAT DAY WAS THAT AGAIN? 13TH, NOVEMBER 13TH.
WE'LL MOVE ON TO THE NEXT ITEM B CONSIDERATION AND POSSIBLE ACTION TO RECOMMEND THE SETTING OF A JOINT PUBLIC HEARING DATE FOR A REZONED REQUEST REZONING FROM C ONE TO C TWO FOR PROPERTY LOCATED AT 9 0 7 LEWIS STREET.
AND IT WOULD HAVE THE SAME PROPOSED DATE OF 11 13 20 25.
SO, UH, AND MR. BROWN'S HERE TO TAKE ANY QUESTIONS ON BEHALF OF THE BUYER, BUT THIS PROPERTY IS SOLD TO AN ELECTRIC SUPPLY COMPANY.
THEY ARE LOOKING TO, UH, REZONE THE FIRST, THEY WANNA REPL THE PROPERTY INTO THEIR NAME, UH, THE ENTIRETY OF THE, OH, THERE WE GO.
UH, THE ENTIRETY OF THAT PROPERTY, UH, UNDERNEATH THE THING, BUT THEY BOUGHT THE LOT IN FRONT AND THEY'D LIKE TO MAKE SURE THEY HAVE THE SAME ZONING DESIGNATION ON BOTH PIECES OF PROPERTY.
AND SO, UH, STAFF RECOMMENDS THE APPROVAL AND THE SETTING OF THE JPH IN THIS CASE BECAUSE IT MAKES IT MORE UNIFORM THROUGH THERE.
I'M NOT SURE HOW WE ENDED UP WITH ONE AT C ONE AND THE, THE REST OF IT AT C TWO, BUT I MUST THINK IGNORANCE OF WHAT, WHAT'S THE DIFFERENCE BETWEEN C ONE AND C TWO? HONESTLY, THE WAY OURS IS WRITTEN, IT'S NOT A WHOLE LOT
THERE'S A FEW THINGS YOU CAN PUT IN C TWO THAT YOU CAN'T PUT IN C TWO.
AND SO, UH, THEY WOULD ENTER AND EXIT OFF OF 3 32.
THIS WOULD CLEAN UP THE ACCESS.
AND I BELIEVE THAT THEIR PLAN IS AFTER THEY'VE GOTTEN THE REZONING DESIGNATION, THEY'RE GONNA REPL IT ALL TOGETHER ALONG WITH THEIR NEIGHBORS AND, AND MAKE SURE IT DIVVY UP CLEANLY.
SO NOW THEY'RE GONNA WHERE IT SAYS C ONE? YES SIR.
THEY'RE GONNA ENTER WHERE THE HIGHLIGHTER STOPS ON THAT ONE LOT.
WELL, THEY'VE GOT, SO THEY'RE WORKING ON A PROJECT WITH, WITH THE BUSINESS JUST TO THE, TO THE SOUTH OR TO THE NORTH? NO, I ALWAYS GET TURNED AROUND ON MY CARDINALS, BUT THE SOUTHWESTERN CORNER THERE TO SUBDIVIDE THAT LOT IN FRONT TO ALLOW FOR BOTH PEOPLE TO HAVE ACCESS OFF OF 3 32 AT THAT PLA AT THAT PLACE.
AND YOU MENTIONED THEY WON'T SHOW REPL IT, BUT THEY'RE JUST LOOKING TO GET IT REZONED PERSON, THEN THEY'RE GONNA COME
IF YOU RECALL, WE, WE'VE GOT THAT CHICKEN AND THE EGG SITUATION IN OUR ORDINANCE WHERE THEY HAVE TO REZONE BEFORE THEY CAN REPL.
SO THEY WOULD PROBABLY TRY TO GET TJS.
THEY PROBABLY TRY TO GET A ROAD THAT WAY.
AM I NOW, IS THAT CORRECT? THAT'S CORRECT, YES.
AND WHAT THE STRIP IS, THEY'LL TRY TO GET AT A ROADWAY AND YES, SIR.
SO I'LL ASK YOU, BUT JUST TO THE I'LL ACTUALLY THREE THE FEEDER THOUGH.
THEY, THEY, IT'S
THIS THIS PROPERTY RIGHT HERE.
AND THEN, THEN THIS IS THE FEEDER OFF OF THREE 30.
THERE'S A LOT HOUSE ENTRANCE IN RIGHT THERE TOO.
WELL, WE HAD, SEE THIS IS GONNA BE STORED BUILDING OVER THERE.
IT, IT WON'T, IT WON'T WHAT FOR? WELL WE, WE HAD A GENTLEMAN HERE THAT HAD TWO LOTS THAT WERE BUTTED UP LONG WAYS AND THERE WAS ONLY ONE WAY INTO IT.
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BUT THAT'S, THAT'S FURTHER DOWN THIS, THAT'S, YEAH.THIS IS A DIFFERENT, UH, THE, A BIRD OF A DIFFERENT FEATHER IF YOU WILL.
AND I THINK THEIR ULTIMATE GOAL IS TO ACTUALLY SUBDIVIDE THE PROPERTY AFTER IT'S REPLANTED AGAIN BETWEEN, UH, BETWEEN THE BUSINESS, THE TJ'S THANK YOU ROSIE TJ'S LUBE AND UH, AND THE NEW, THE NEW TENANT RIGHT HERE.
WAS IT RIGHT THERE? WHERE THERE, OR IS THAT, SO YOU NEED ANOTHER MOTION FOR THAT? YES SIR.
I'LL SECOND IT AND WE'VE GOT A MOTION AND A SECOND.
ANY OPPOSED? MOTION CARRIES TO SEND THAT TO COUNSEL FOR THAT PUBLIC HEARING DATE OF NOVEMBER 13TH AND ITEM 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 2 49 SOUTH MAIN STREET.
AND IT HAS THE SAME JOINT PUBLIC HEARING DATE OF 11 13 20 25.
OH, AND THAT'S BEFORE THE THIRD ONE.
WELL, I DON'T HAVE A THIRD ONE.
IT'S JUST, AND SO THIS IS THAT, THAT'S ONE OF THE TRIGGER SITUATIONS WE TALKED ABOUT IN ITEM A, WHERE YOU HAVE A HOUSE THAT IS SOLD, THEY WANT TO CONDUCT A RENOVATION OF THE PROPERTY, BUT THEY CAN'T GET THE PERMIT 'CAUSE THEY DON'T HAVE THE SUP.
UH, CHURCH OF CHRIST OR SOMETHING LIKE THAT.
ANY OPPOSED? THE MOTION CARRIES TO SEND THAT TO COUNSEL FOR A PROPOSED DATE AT 11 13 20 25.
NEXT ITEM WOULD BE ADJOURNMENT.
SECOND IT YOU SAID NOTHING ALL NIGHT.