Oct 21, 2025 PLANNING AND ZONING COMMISSION

AND YOU JUST CAN.

GOOD

[00:00:01]

I NOW CALL THE OCTOBER 21ST, 2025 PLANNING AND ZONING COMMISSION.

REGULAR MEETING.

TO ORDER AND ASK LESLIE TO PLEASE CALL RO JANICE.

PRESENT.

TRACY? HERE.

DONNA.

HERE.

OSCAR HERE.

AND MIKE HERE WE HAVE QUORUM.

[b. Conduct a public hearing and consider a request for a Special Use Permit (SUP) on approximately 9.0 acres located at 1010 Bob Smith Road to allow for a Battery Energy Storage System (BESS) in a Suburban Residential (SR) Zoning District.]

THE APPLICANT HAS REQUESTED THE ITEM FOUR B BE TABLED TO NOVEMBER 11TH, 2025 TO, UH, PLANNING AND ZONING COMMISSION SPECIAL MEETING.

AND ITEM FOUR B IS ZONING.

TO CONDUCT A PUBLIC HEARING, CONSIDER A REQUEST FOR A SPECIAL USE PERMIT ON APPROXIMATELY NINE ACRES, LOCATED AT 10 10 BOB SMITH ROAD TO ALLOW FOR BATTERY ENERGY STORAGE SYSTEM AND A SUBURBAN RESIDENTIAL ZONING DISTRICT.

I NEED A MOTION.

SO MOVED.

SECOND.

ALL IN FAVOR? AYE.

ANY OPPOSED? ANY ABSTENTIONS? SO I, I WANNA MAKE SURE THAT ANYBODY IN THE AUDIENCE WHO IS HERE TO, UH, TO UH, UH, DISCUSS THE SPECIAL USE PERMIT FOR THE BOB SMITH ROAD BATTERY ENERGY STORAGE.

JUST TO REIT REITERATE, UM, WHAT THE COMMISSION HAS DONE, THE APPLICANT HAS REQUESTED THAT THIS BE MOVED TO THE NOVEMBER MEETING.

SO THIS IS NOW GOING TO BE HEARD AT THE NOVEMBER 11TH SPECIAL, UH, P AND Z MEETING.

AND THEN WILL CONSEQUENTLY BE HEARD AT THE CITY COUNCIL MEETING ON NOVEMBER 18TH, A WEEK LATER.

SO THIS WILL NOT BE HEARD TONIGHT AND IT WILL NOT BE HEARD AT CITY COUNCIL ON THURSDAY NIGHT.

SO IF YOU WERE HERE TO SPEAK ON THOSE, UM, THE, AGAIN, THE APPLICANT HAS REQUESTED, UH, MORE TIME TO, TO MAKE SURE THAT THEY'VE GOT ALL THEIR, UM, PROJECT DETAILS LINED UP.

SO THIS WILL BE HEARD NEXT MONTH IN CASE THERE'S A, A FURTHER CHANGE.

BUT AS OF RIGHT NOW, THAT'S WHEN THAT WILL BE HELD.

JUST, JUST TO MAKE SURE I DIDN'T MISS HER.

WHEN IS OUR MEETING GONNA BE IN NOVEMBER? NOVEMBER 11TH.

OKAY.

OFFICER SAID THE 25TH.

UH, THAT MOTION CARRIES.

WE MOVE ON TO ITEM

[1. CITIZEN COMMENTS Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the Planning and Zoning Commission from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future Planning and Zoning Session.]

THE PURPOSE OF CITIZENS' COMMENTS IS TO GIVE ALL INTERESTED CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.

EVERYONE DESIRING TO SPEAK SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOUR YEAR, OR EMAILED THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THIS MEETING.

EACH CITIZEN SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THOSE COMMENTS.

THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.

THANK YOU.

A CITIZEN MAY PASS HIS OR HER TIME TO ANOTHER PERSON WHO HAS REQUESTED TO ADDRESS THE PLANNING AND ZONING COMMISSION.

HOWEVER, NO CITIZEN'S REMARKS SHALL EXCEED THREE MINUTES IN TOTAL.

EITHER THE ONE MINUTE OR THE THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF THE COMMISSION.

I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.

PLEASE KEEP IN MIND THE COMMISSION CANNOT DISCUSS OR DELIBERATE ON ITEMS FOR WHICH PUBLIC NOTICE HAS NOT BEEN GIVEN ON THIS AGENDA.

ISSUES THAT CANNOT BE REFERRED FOR TO ADMINISTRATION FOR ACTION MAY BE CONSIDERED FOR PLACEMENT ON THE AGENDA OF A FUTURE PLANNING AND ZONING MEETING.

WE HAVE TWO PEOPLE SIGNED UP TO SPEAK.

THE FIRST IS, UM, MR. NICHOLAS DIAZ.

THANK YOU, SIR.

PLEASE STATE YOUR NAME AND ADDRESS.

GOOD AFTERNOON.

UH, NICHOLAS DIAZ, 2 0 0 BAGBY STREET, HOUSTON, TEXAS.

UM, I'M THE SENIOR MANAGER OF DEVELOPMENT FOR BALANCE ROCK POWER.

WE'RE THE ONES, UH, PROPOSING THE DEVELOPMENT OF THE BATTERY STORAGE PROJECT ON, UH, BOB SMITH ROAD.

UM, I WANTED TO JUST LET YOU KNOW THE COMMISSION KNOW AND THE PUBLIC KNOW THAT WE DID, UH, ASK MARTIN TO PUSH THE HEARING TO NEXT MONTH, MOSTLY DUE TO OUR KEY PERSONNEL.

WASN'T GONNA BE ABLE TO MAKE IT THIS WEEK.

MOSTLY MY ENGINEER.

UM, SO THANK YOU MARTIN FOR THAT.

INDEPENDENTLY OF THAT, I WANTED TO MAKE MYSELF AVAILABLE TO THE COMMISSION AND TO THE PUBLIC TO ANSWER ANY QUESTIONS OR CONCERNS ABOUT THE PROJECT.

UM, FROM DAY ONE, WE'VE TRIED TO BE AS TRANSPARENT AS POSSIBLE WHEN THIS PROCESS STARTED THREE YEARS AGO, HAVING OUT LETTERS OUT, MAILERS OUT, AND THEN CONDUCTING THE OPEN HOUSE WE DID, UH, TWO WEEKS AGO IN THE BAYTOWN CHAMBER OF COMMERCE.

UH, WITH THAT SAID, UM, I'LL BE HERE AFTER THE MEETING AND IF ANYBODY WANTS TO SPEAK OR HAVE ANY CONCERNS ABOUT THE PROJECT, UM, AGAIN, IT'S MY GOAL TO MAKE MYSELF AVAILABLE, UH, TO THE PUBLIC HERE.

THANKS.

THANK YOU.

WE LOOK FORWARD TO SEEING YOU ON THE 11TH.

THANK YOU.

UM, PLEASE FORGIVE ME IF I PRONOUNCE YOUR NAME WRONG.

MARK SALTY BUS.

YES.

THANK YOU, SIR.

PLEASE STATE YOUR NAME AND ADDRESS.

MY NAME'S MARK SALTY BUS.

I LIVE AT 1414 MAXVILLE ROAD.

AND, UH, GOOD EVENING.

UH, MAYOR IF HE'S HERE.

COUNCIL MEMBER OF PLANNING STAFF AND FELLOW RESIDENT.

MY NAME

[00:05:01]

LET'S BE CLEAR, I'M NOT AGAINST RENEWABLE ENERGY.

I'M AGAINST PLACING THIS FACILITY IN, UH, HEART OF OUR RESIDENTIAL DIVERSE AND UNDERSERVED NEIGHBORHOOD.

THE BEST PROJECT RAISES SERIOUS ISSUES, HEALTH AND SAFETY RISKS, ENVIRONMENTAL HAZARD, REDUCED PROPERTY VALUE, DEGRADATION OF COMMUNITY, QUALITY OF LIFE.

EVEN THE CITY'S OWN PLANT ZONING STAFF MEMBERS REPORT DATED AUGUST 19TH, 2025 STATES THE BEST.

THE PROPOSED BEST IS NOT CONSISTENT WITH CURRENT ZONING OR THE FUTURE LAND USE MAP.

IT ALSO RECOMMENDED DENIAL OF THE ZONING CHANGE.

SO WHY ARE WE STILL CONSIDERING THIS? THE ENVIRONMENTAL AND SAFETY ISSUES? THE DEVELOPER BALANCED ROCK POWER IS REQUESTING NINE ACRES OF LAND, BUT HASN'T ANSWERED KEY SAFETY QUESTIONS.

I'VE MET TWICE WITH THE PROJECT ENGINEER.

MR. SAM.

MAY, I'VE ASKED A SIMPLE QUESTION.

WHAT CHEMICAL AGENT HE'S USING THIS BATTERY? IS IT A WET CELL BATTERY OR A, UH, UH, UH, A DRY CELL BATTERY? SIR, WE THANK YOU FOR YOUR COMMENTS, BUT YOUR THREE MINUTES IS UP.

UM, WE'LL BE ADDRESSING THIS ON NOVEMBER 11TH.

WE ASK THAT YOU PLEASE COME BACK.

OKAY? YES, SIR.

THANK YOU.

UH, WE NOW MOVE ON TO ITEM TWO A, UH, CONSIDER APPROVING THE MEETING ME MINUTES OF THE SEPTEMBER 16TH, 2025 PLANNING AND ZONING COMMISSION, REGULAR MEETING.

MOVE TO APPROVE.

SECOND.

ALL IN FAVOR, AYE.

AYE.

ANY OPPOSED? ANY ABSTENTIONS? THE MOTION CARRIES.

I WILL READ THE FOLLOWING ONE TIME, AND IT APPLIES TO ALL THE FOLLOWING PUBLIC HEARINGS.

THE PUBLIC HEARINGS TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO EXPRESS THEIR VIEWS REGARDING THE SUBJECT OF THE PUBLIC HEARINGS.

EVERYONE DESIRING TO BE A PART OF TODAY'S HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THIS MEETING.

EACH PARTICIPANT SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING.

THE RULES ALLOW EACH PERSON THREE MINUTES TO PRESENT INFORMATION.

HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.

IF YOU ARE A GROUP OF PERSONS WISHING TO ADDRESS THE PLANNING AND ZONING COMMISSION ON THE SAME SUBJECT, PLEASE SELECT A SALE, A SPOKESPERSON TO PRESENT THE INFORMATION.

AND IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.

AND MOVING ON TO ITEM THREE A, CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST CONCERNING A SUBDIVISION WAIVER ON APPROXIMATELY NINE ACRES LOCATED NORTH OF EAST VILLE ROAD AND EAST OF HI HAYDEN ROAD TO ALLOW FOR THE CREATION OF ONE LOT WITH REDUCED LOT WIDTH.

THANK YOU, MA'AM.

IT IS NOW 5:08 PM AND I CALLED TO ORDER THIS PUBLIC HEARING TO CONSIDER THE A FOR RED REQUEST.

AND I NOW ASK MAIA THANK YOU STAFF TO SUMMARIZE.

THANK YOU.

GOOD EVENING, MADAM CHAIR COMMISSIONERS.

MY NAME IS LAIA S SALEM PLANNER WITH THE PLANNING AND DEVELOPMENT SERVICES.

THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST QUADRANT OF EAST VILLE ROAD AND HADDEN ROAD.

IT'S, UM, IT'S A FLAG LOT WITH TWO POINTS OF ACCESS.

ONE POINT IS AT THE EASTVILLE ROAD.

IT'S APPROXIMATELY 22.8, UH, FEET WIDE, UM, ACCESS TO EASTVILLE ROAD AND ON HEADON ROAD IT'S 30 FOOT WIDE.

UM, ACCESS POINT TO THIS PROPERTY, THIS PROPERTY IS A, A COMBINATION OF THREE PARCELS OWNED BY THE SAME APPLICANT.

IT'S SURROUNDED BY CHEVRON, UH, PROPERTIES FROM ALL SIDES.

AND THESE ARE THE ONLY ACCESS POINTS TO THIS PROPERTY.

THIS IS THE, UH, ACCESS POINTS ON EAST VILLE ROAD.

OKAY.

AND THE ACCESS POINT ON HADDEN ROAD IS APPROXIMATELY 130 FEET FROM THE DRIVEWAY OF THE, UM, THE NEIGHBORING PROPERTY.

YOU CANNOT ACTUALLY TELL WHERE IS THE ACCESS POINT.

IT'S UNDEVELOPED AND, UM, VACANT.

RIGHT NOW, THE APPLICANT IS PROPOSING TO DEVELOP THIS PROPERTY.

IT IS WITHIN THE BAYTOWN EXTRATERRITORIAL JURISDICTIONS.

IT'S IN BAYTOWN, ETJ.

SO IT FALLS UNDER THE HARRIS COUNTY'S JURISDICTION WHEN IT COMES TO LAND USE REGULATIONS AND, UM, UH, AND BUILDING PERMITS.

UH, IT DOES NOT HAVE ANY UTILITIES BY, UH, THE CITY OF BAYTOWN.

EMERGENCY

[00:10:01]

UH, HOWEVER, THE, UH, THE COUNTY REQUIRES THE, UM, UH, BEFORE OR PRIOR TO ANY DEVELOPMENT WITHIN THE BAYTOWN ETJ THAT THE, THE PROPERTY BE PLATTED IN ACCORDANCE WITH THE CITY OF BAYTOWN CODE OF ORDINANCES.

AND, UH, THE CODE OF ORDINANCE REQUIRES THE PROPERTY TO HAVE 50 FOOT WIDE.

AND THIS PROPERTY DOES NOT HAVE, UH, 50 FOOT WIDE, UH, WIDTH ON A PUBLIC RIGHT OF WAY.

THEREFORE, THE APPLICANT IS APPLYING FOR, UH, THIS SUBDIVISION WAIVER, UH, TO GET ACCESS TO THE PROPERTY AND GET THE, UH, THE PLA UH, PROVIDED TO THE COUNTY PRIOR TO DEVELOPMENT.

AND, UH, STAFF RECOMMENDS APPROVAL.

THANK YOU.

LAMIA, WE HAVE MS. ELIZABETH CRAVENS SIGNED UP TO SPEAK.

MS. CRAVENS, WE ASK THAT YOU COME FORWARD.

I DIDN'T HAVE ANYTHING TO SAY.

I WAS JUST HEARING IN CASE QUESTIONS.

OKAY, THANK YOU.

NO ONE ELSE DESIRING TO SPEAK.

I CLOSE THIS PUBLIC HEARING AT 5:11 PM CONCERNING THE SUBDIVISION WAIVER ON THE NINE ACRES NORTH OF EAST VILLE ROAD AND EAST OF HADDEN ROAD.

ANY DISCUSSION FROM THE COMMISSION? I JUST WANNA CLARIFY, THE REASON THAT THEY'RE ASKING FOR THE PERMIT IS THAT THE, THE, UH, ACCESS POINTS DON'T MEET THE REQUIREMENT WITH, IS THAT IT? YES.

THAT'S THE ONLY REASON.

YES.

OKAY.

THANK YOU.

YOU'RE WELCOME.

I HAVE ONE OTHER QUESTION FOR CLARIFICATION.

UM, YOU STATED THAT THERE'S, BECAUSE OF IT BEING ETJ, THAT THERE'S NOT EMERGENCY SERVICES.

DO THEY NOT RECEIVE FIRE? BECAUSE I THOUGHT WE HAVE AN AGREEMENT THAT WE PROVIDE FIRE SERVICES TO THE ETJ.

TO MY KNOWLEDGE, THIS PROPERTY DOES NOT RECEIVE EMERGENCY SERVICES BY THE CITY OR, UH, UTILITIES BY THE CITY.

WE, WE ARE PART OF A RECIPROCAL AGREEMENT WITH THE COUNTY.

SO SHOULD THE COUNTY NOT BE ABLE TO GET THERE FIRST, WE, WE CAN BE CALLED THERE.

BUT THAT'S, UM, THAT'S NOT THE, THERE ISN'T A, LIKE A BAY, THIS IS JUST IN BAY TOWN'S AREA.

IT'S JUST PART OF THAT AGREEMENT WHICH EXTENDS OUTSIDE THE CITY BOUNDARIES.

THANK YOU.

ANYONE ELSE? I NEED A MOTION, PLEASE.

I MOVE TO APPROVE.

SECOND.

ANY QUESTIONS OR COMMENTS? ALL IN FAVOR? AYE.

ANY OPPOSED? ANY ABSTENTIONS? MOTION CARRIES.

MOVING ON TO ITEM THREE B.

CONSIDER A PUBLIC HEARING AND CONSIDER A REQUEST CONCERNING A SUBDIVISION WAIVER ON APPROXIMATELY 0.64 ACRES AT 5 0 0 6 MIDDLETON ROAD TO ALLOW THE CREATION OF THREE LOTS, WHERE TWO LOTS HAVE NO FRONTAGE ON THE EXISTING PUBLIC STREET.

IT IS NOW 5:13 PM AND I CALL TO ORDER THIS PUBLIC MEETING REGARDING THE REQUEST.

JUST READ, I WOULD LIKE STAFF TO PLEASE.

THANK YOU NA, FOR SUMMARIZING THIS ITEM.

GOOD EVENING, MADAM COMMISSIONER.

THANK YOU TIM.

AND COMMISSIONERS NAY ELLO PLANNER ONE PLANNING AND DEVELOPMENT SERVICES.

THE UM, SUBJECT PROPERTY IS AT 5,006 MIDDLETON ROAD.

THIS IS A REQUEST FOR A SUBDIVISION WAIVER.

THE INTENT IS TO CREATE THREE LOTS.

TWO OF THE THREE LOTS DO NOT HAVE FRONTAGE ON AN EXISTING PUBLIC RIGHT OF WAY.

THE ULDC REQUIRES THAT EACH LOT HAVE FRONTAGE ON AN EXISTING PUBLIC RIGHT OF WAY.

THE SUBJECT PROPERTY IS, THIS IS AN OVERLAY OF WHERE THE, WHERE THE LINES WOULD BE IF THE PLAT IF THIS WERE APPROVED AND THE PLAT WERE APPROVED.

THE PROPERTY IS APPROXIMATELY 0.64 ACRES.

IT IS IN THE MIXED PRESIDENTIAL ZONING DISTRICT.

IT IS CURRENTLY VACANT.

THERE WAS A RESIDENTIAL STRUCTURE ON IT.

IT WAS DAMAGED BY FIRE AND DEMOLISHED EARLIER THIS YEAR.

THERE ARE TWO RECORDED ACCESS EASEMENTS.

IF YOU LOOK ALONG THE NORTHERN EDGE OF THIS PROPERTY, THERE IS A 12 FOOT ACCESS EASEMENT AND THEN THERE IS A 25 FOOT ACCESS EASEMENT THAT'S 37 FEET TOTAL FOR THE MATH CHALLENGED.

UM, AND IT RUNS THE ENTIRE LENGTH OF THE PROPERTY.

THE PROPOSED LOT SIZE, AND THOSE ARE RESTRICTED TO ACCESS ONLY.

THE PROPOSED LOT SIZE FOR EACH OF THEM IS, UM, 70 FEET BY

[00:15:01]

SO THE REQUIREMENT PER THE ULDC IS 50 FEET OF FRONTAGE AND 5,000 SQUARE FEET.

SO EACH LOT EXCEEDS WHAT WE REQUIRE.

THE CURRENT LAND USE ALONG MIDDLETON ROAD IS, UM, I'M GOING TO SHOW Y'ALL SOME PICTURES OF THE, THE PROPERTY.

IT IS IN A MIXED RESIDENTIAL ZONING DISTRICT.

THIS IS THE PROPERTY, UM, RIGHT HERE.

THIS PIPELINE FACILITY IS RIGHT HERE ADJACENT TO THIS PROPERTY.

AND THIS IS LOOKING SOUTHEAST FROM THE EASEMENT.

I WAS STANDING ON THE EASEMENT WHEN I TOOK THIS PICTURE AND THERE'S A LITTLE SHOT OF THE EASEMENT ITSELF IN A PRETTY SUNRISE TOO, IF I MAY SAY SO MYSELF, .

UM, SO, UM, SO ON MIDDLETON ROAD, IT'S PREDOMINANTLY RESIDENTIAL.

WE HAVE EVERYTHING FROM MANUFACTURED HOMES TO LARGER LOTS, SINGLE FAMILY RESIDENTIAL.

TO THE WEST OF THIS IS, IS BAYWAY DRIVE AND BAYWAY DRIVE HAS SMALLER COMMERCIAL, IT HAS SOME CIVIC USES.

THERE'S A FIRE STATION, A SCHOOL, A CHURCH.

AND THEN TO THE EAST IS, UM, SOME RESIDENTIAL AND THEN A SAN JACINTO RIVER AUTHORITY CANAL.

THE EXISTING ACCESS EASEMENTS REDUCE THE APPLICANT'S BUILDABLE AREA BY 7,800 SQUARE FEET APPROXIMATELY.

AND IF THEY'RE ONLY ALLOWED TO CREATE TWO LOTS, WHICH IS ALL THAT THE ULDC WOULD ALLOW, THEY WILL ALSO LOSE AN ADDITIONAL 7,000 SQUARE FEET DUE TO INACCESSIBILITY.

IT'D BE LEFTOVER IN THE REAR OF THE PROPERTY.

SO IF, IF THEY'RE ONLY ALLOWED TO CREATE THE TWO LOTS THAT THE ULDC ALLOWS OVER HALF OF THEIR PROPERTIES UNUSABLE, BASICALLY THEY DO NOT HAVE AN, AN, UH, OPPORTUNITY TO EXPAND THEIR PROPERTY.

THEY DO NOT, UM, THE PROPOSED DIVISION OF LAND WOULD NOT IMPEDE ANY OTHER DIVISIONS OR ANY OTHER DEVELOPMENT.

AND THIS PROPOSED DEVELOPMENT WOULD NOT NEED ANY MORE SERVICES THAN ANY, ANY OF THE OTHER LOTS IN THE AREA.

SO STAFF RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS.

ONE CONDITION IS THAT EACH LOT BE RESTRICTED TO ONE SINGLE FAMILY HOME.

THE OTHER IS THAT THE APPLICANT APPLY, COMPLY WITH THE EXISTING ACCESS EASEMENTS.

I STAND FOR QUESTIONS.

THANK YOU NAY.

UM, WE HAVE MS. SNA BROUSSARD SIGNED UP TO SPEAK.

I'M HERE.

I DON'T HAVE ANYTHING UNLESS YOU HAVE ANY QUESTIONS, BUT THANK YOU FOR YOUR TIME.

THANK YOU.

WITH NO ONE ELSE DESIRING TO SPEAK.

I CLOSE THIS PUBLIC HEARING AT 5:18 PM CONCERNING THE 0.64 ACRES AT 5 0 0 6 MIDDLETON ROAD.

ANY DISCUSSION FOR THE COMMISSION? MR. BEER? COMMISSIONER? THE, UM, THE CURRENT PROPERTY LINE GOES ALL THE WAY TO THOSE TELEPHONE POSES, IS THAT YOU'RE SHOWING IN THE PICTURE RIGHT NOW.

AND THAT, SO IT INCLUDES THE ACCESS EASEMENT.

IS THAT WHAT I UNDERSTOOD? YES, SIR.

YES, SIR.

OKAY.

SO I'M, UM, IF YOU, I'M ASSUMING THAT THE PEOPLE IN THE BACK HAVE SOME KIND OF PERMANENT RIGHT FOR ACCESS THAT YES, SIR.

THAT DOING THIS WON'T KEEP THEM FROM GETTING TO WHERE THEY NEED TO GO.

THOSE ACCESS EASEMENTS GO ALL THE WAY BACK TO THE VERY BACK PROPERTY.

OKAY.

THEY'VE BEEN IN PLACE SINCE 1976.

I DON'T KNOW IF SAID THAT.

WHO MAINTAINS THE ROAD? WHO'S RESPONSIBLE FOR MAINTAINING THAT ROAD? IT'S ON PRIVATE PROPERTY.

OKAY.

COMMISSIONERS.

I NEED A MOTION.

I MOVE.

MOVE TO APPROVE.

SECOND.

ALL IN FAVOR? ALL OPPOSED? ANY OPPOSED? ANY ABSTENTIONS? MOTION CARRIES.

UH, IN, IN THE, UH, WRITEUP FOR THIS, FOR ITEM THREE B, IT SAYS, UH, I THINK THERE'S JUST A SIMPLE TYPO.

IT SAYS IT WOULD HAVE A MEASURABLE IMPACT ON THE WATER AND SEWER, BUT IT, I THINK, AND YOU LOOK AT THE REST OF THE WRITEUP, IT, IT SHOULD SAY IT WOULD NOT HAVE A MEASURABLE IMPACT.

YEAH, THAT'S CORRECT.

THANK YOU.

SAY THAT AGAIN.

SO, AND IF YOU READ THE BODY OF THE WRITEUP IN OUR PACKET, IT SAYS IT WOULD HAVE A MEASURABLE IMPACT ON WATER AND SEWER.

BUT THEN YOU CONTINUE TO READ AND IT SAYS ALL THE REASONS IT DOES NOT HAVE AN IMPACT.

THAT WAS A TYPO.

TYPO.

THANK YOU

[a. Conduct a public hearing and consider a request for a Special Use Permit (SUP) on approximately 0.28 acres located at 5111 Ashwood Drive to allow for a Short-Term Rental in a Suburban Residential (SR) Zoning District. ]

WE NOW MOVE ON TO ITEM FOUR A, A ZONING.

THIS IS STILL A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT ON APPROXIMATELY 0.28

[00:20:01]

IT'S NOW 5:20 PM AND I CALL TO ORDER THIS PUBLIC HEARING TO CONSIDER THIS REQUEST.

WE THANK YOU MR. TALBERT FOR BE BEFORE MR. JACKSON GETS STARTED ON HIS PRESENTATION.

I WANT TO GIVE YOU A QUICK, UM, JUST A, AN INTRODUCTION TO THIS ITEM.

YOU'VE NOT SEEN ONE OF THESE BEFORE.

UM, IN THE OLD CODE, SHORT-TERM RENTALS WERE NOT PERMITTED.

SO AIRBNB'S VERBOSE, THOSE TYPES OF THINGS, THEY WERE BASICALLY INTERPRETED, INTERPRETED AS HOTELS, WHICH OF COURSE ARE NOT ALLOWED IN ANY RESIDENTIAL DISTRICTS.

UM, THEY OPERATE IT ANYWAY.

AND GIVEN THE CURRENT TRENDS AROUND THE STATE AND AROUND THE COUNTRY, THE NEW UC THAT WAS ADOPTED AT JANUARY THIS YEAR, OR WENT INTO EFFECT JANUARY THIS YEAR, DOES INCLUDE A PROVISION THAT PERMITS THESE TYPE OF SHORT TERM RENTALS.

UM, IN MOST RESIDENTIAL DISTRICTS, AS LONG AS THEY MEET CERTAIN CRITERIA, ONE OF THOSE IS SPECIAL USE PERMIT.

UM, IN SOME OF OUR RESEARCH, WE HAVE FOUND OTHER COMMUNITIES THAT HAVE AS MANY AS UP TO 1200, UM, SHORT TERM RENTALS THAT EVERY ONE OF THEM WENT THROUGH THIS PROCESS.

I'M HOPING WE DON'T GET 1200 OF THOSE.

BUT, UM, THE, UM, SO THEY HAVE TO MEET THESE CRITERIA THAT ARE LISTED.

UM, SO THE FIRST ONE OF THOSE IS HERE BEFORE YOU TONIGHT.

UM, SO WE'LL CALL THIS A TEST CASE TO SEE HOW THIS IS GOING TO KIND OF WORK GOING FORWARD.

UM, TOWER'S GONNA GIVE YOU THE DETAILS ON THE REQUEST.

UH, BUT I DO WANT YOU TO UNDERSTAND THERE ARE, ARE ALREADY AT LEAST 90 OR MORE OF THESE AROUND THE CITY THAT WE KNOW OF.

UM, WE EXPECT THERE TO BE A LOT MORE OF THESE REQUESTS IN THE FUTURE.

SO ONE THING THAT DOES NEED TO BE CLARIFIED BEFORE WE EVEN GET STARTED, I WANT YOU TO KEEP IN MIND THAT A LOT OF OUR NEIGHBORHOODS HAVE DEED RESTRICTIONS AND COVENANTS THAT MIGHT PREVENT THESE TYPES OF USES.

WHAT YOU NEED TO KNOW ABOUT THAT IS THAT CITY STAFF DOES NOT INTERPRET THOSE DEED RESTRICTIONS.

WE DO NOT ACCOUNT FOR THEM, NOR ARE WE ALLOWED TO ENFORCE THEM.

I'M GONNA REPEAT THAT.

WE ARE NOT ALLOWED TO ENFORCE THOSE DEED RESTRICTIONS OR COVENANTS.

THOSE ARE PRIVATE AGREEMENTS BETWEEN THE HOMEOWNERS AND THE HOA AND, AND THE OTHER HOMEOWNERS.

SO WHAT THAT MEANS IS THAT YOU ARE NOT ALLOWED TO REALLY LOOK AT THOSE, EITHER THEY'RE NOT PART OF YOUR JURISDICTION.

OKAY? SO I'M GONNA MAKE THAT CLEAR.

THOSE DE RESTRICTIONS, THEY, THEY ARE STILL IN EFFECT, BUT THEY'RE NOT PART OF, OF OUR JURISDICTION COLLECTIVELY.

UM, SO WE CAN'T CONSIDER THOSE AS PART OF THE ARGUMENT FOR OR AGAINST THE SPECIAL USE PERMIT.

UM, ANOTHER CONSIDERATION IS THAT THIS SPECIAL USE PERMIT, IF IT DOES GET APPROVED, UM, BOTH BY YOU AND CITY COUNCIL, IT DOES NOT SUPERSEDE THOSE DEED RESTRICTIONS OR COVENANTS.

SO WHAT HAPPENS IF THERE IS SOMETHING? AND AND AGAIN, WE, WE DON'T KNOW THERE, THERE IS OR ISN'T WE, REGARDLESS OF THE DECISION THAT THE CITY MAKES, THE HOA OR THE CIVIC ASSOCIATION STILL HAS OTHER LEGAL ACTIONS THAT THEY CAN PURSUE IF THEY DECIDE TO GO IN THAT DIRECTION.

SO WHAT I WANT YOU TO DO IS TO KIND OF CONCENTRATE ON THE CRITERIA THAT'S IN YOUR STAFF REPORT, BECAUSE THOSE ARE THE CRITERIA THAT WE, UH, THAT WE EVALUATED THE APPLICATIONS ON.

IT'S A LOT.

UH, THERE'S 13 CRITERIA IN THERE JUST FOR THIS SUP.

AND SO WE ARE GONNA LOOK AT KIND OF PAIRING THAT BACK A LITTLE BIT.

'CAUSE A LOT OF THEM DON'T REALLY APPLY VERY WELL TO, TO THIS TYPE OF SUP.

BUT FOR TONIGHT, FOR ANYTHING THAT, WITHOUT ANY CHANGES TO THE CODE, THAT IS PART OF YOUR, UM, YOUR CONSIDERATION.

SO WITH THAT, I WILL TURN IT OVER TO MR. JACKSON.

THANK YOU, SIR.

AND MAY I HAVE THE SIGNUP SHEET IF THERE'S ANYONE SIGNED UP, PLEASE FOR THIS ITEM? THANK YOU, SIR.

PLEASE GO AHEAD.

UM, MR. HELLO EVERYONE.

UH, TALBERT JACKSON, UH, PLANNING AND DEVELOPMENT, UH, THE PROJECT, UM, BEFORE YOU IS LOCATED AT 51 11 ASHWOOD DRIVE, UH, THE APPLICANT IS PURSUING A, UM, SPECIAL USE PERMIT FOR A SHORT TERM RENTAL, UM, ON PROPERTY THAT'S APPROXIMATELY 0.28 ACRES AND CONSISTS OF A, UM, RESIDENTIAL, UM, DWELLING.

THIS IS THE VICINITY MAP.

UM, IT'S IN AN AREA THAT'S RESIDENTIAL.

THIS IS A ZONING MAP.

IT'S, UH, SUBURBAN RESIDENTIAL LOCATED ALONG ASHWOOD DRIVE.

AND SINCE THIS IS RELATIVELY NEW TO, TO ALL OF YOU AS, UH, I WAS INFORMED THAT THIS WAS NOT PREVIOUSLY PART OF THE CODE, I PROVIDED THIS LAND USE TABLE, UM, JUST AS AN SOMETHING TO BE AVAILABLE TO YOU TO SEE.

SO OVERNIGHT ACCOMMODATIONS, UM, THAT SECTION PROVIDES THE SHORT TERM RENTAL.

AND THERE YOU WILL SEE THAT THE DENOTATION OF THE LETTER S INDICATING A SPECIAL

[00:25:01]

UH, THOSE USE STANDARDS ARE PROVIDED BELOW, UM, THE, FOR THE SHORT TERM RENTAL.

SO WITH THOSE STANDARDS, UM, THERE ARE FIVE CRITERIA, UH, TO, TO BE MET IN ORDER FOR THE POTENTIAL APPROVAL OF THE SPECIAL DEPARTMENT FOR SHORT TERM RENTAL, HOTEL MOTEL, OCCUPANCY TAX.

THE CITY'S HOTEL MOTEL OCCUPANCY TAX REQUIREMENTS ARE APPLICABLE.

UM, PORTION NUMBER TWO, TENURE.

THE USE MAY BE RENTED FOR A PERIOD OF UP TO, BUT NOT EXCEEDING 28 DAYS ACCESSORY STRUCTURE, THE USE OF AN ACCESSORY STRUCTURE IS PROHIBITED.

PRINCIPAL USE.

THE PRINCIPAL USE OF THE SHORT TERM RENTAL SHALL BE A SINGLE UNIT DWELLING RESIDENTIAL CHARACTER.

THE USE SHALL BE CONDUCTED SO THAT IT DOES NOT UNREASONABLY INTERFERE WITH THE PEACE AND ENJOYMENT OF SURROUNDING HOMES AS PLACES OF RESIDENCE.

AND WITH THAT, I PROVIDE PHOTOS OF THE RESIDENTS, UH, SEEKING THESE, UM, SPECIAL USE PERMIT APPROVAL FOR SHORT-TERM RENTAL.

THE, THE RESIDENTIAL PROPERTY IS LOCATED HERE SURROUNDED BY OTHER RESIDENCES.

THE TWO SIGNS THAT YOU SEE IN FRONT ARE NOT ADVERTISEMENTS, THOSE, UH, NOT ADVERTISEMENTS FOR SHORT-TERM RENTAL.

THERE ARE ADVERTISEMENTS FOR THE SPECIAL USE PERMIT, UH, FOR THIS EVENING.

UH, THOSE, THOSE SIGN, THOSE SIGNS WERE PLACED THERE BY CITY STAFF HERE ALONG, UM, ASHWOOD DRIVE FACING THE SOUTHEAST.

THIS IS ANOTHER VIEW OF THE RESIDENTIAL PROPERTY FACING STRAIGHT AHEAD.

AND ALSO THIS OTHER SIDE OF THE PROPERTY THAT ALSO HAS AN, AN, UH, ATTACHED, UM, GARAGE THAT WAS CONVERTED, UH, PRIOR TO THE CURRENT OWNER'S.

UM, UM, PRIOR TO THE CURRENT OWNER TAKING OVER THE PROPERTY, UH, WAS CONVERTED, UH, TO A, UM, DWELLING OR RESIDENCE, NOT RESIDENCE, I'M SEPARATE RESIDENCE, BUT A HABITABLE SPACE.

UM, THAT CONVERSION HAPPENED, UH, YEARS AGO.

UM, AND THE APPLICANT HAS, UM, TAKEN OVER THIS PROPERTY FOR A LITTLE OVER A YEAR NOW.

AND WITH THAT, UH, BASED ON THE, THE REQUIREMENTS SET FORTH, UH, FROM THE, THE USE, UH, STANDARDS FOR SPECIAL USE PERMIT, UM, WITHIN THE, THE ULDC, UM, STAFF RECOMMENDS APPROVAL OF THE PROPOSED SPECIAL USE PERMIT TO ALLOW 51 11 ASHWOOD DRIVE, BAYTOWN, TEXAS 77 521 TO HAVE SHORT TERM RENTAL AS A PERMITTED USE SUBJECT TO THE FOLLOWING CONDITIONS.

UM, CONDITION NUMBER ONE PROVIDES A SUBSET OF THE USE STANDARD STANDARDS THAT WERE PROVIDED, UM, AS PART OF THE USE TABLE THAT I'M SCROLLING BACK TO HERE.

IN ADDITION TO THOSE, UH, TWO, TWO ADDITIONAL CONSIDERATIONS WERE MADE AS A CONDITION OF APPROVAL, UH, BY, UH, ONE BY STAFF AND ANOTHER WAS, UM, RECOMMENDED BY THE APPLICANT, UH, UH, NUM.

NUMBER TWO, THE PROPERTY OR ANY PORTION THEREOF MAY BE RENTED FOR A DURATION OF TIME GREATER THAN 28 DAYS WHEN THE PROPERTY IS NOT BEING RENTED AS A SHORT TERM RENTAL, THEREFORE NOT RESTRICTING THE PROPERTY TO ONLY SHORT TERM RENTAL ARRANGEMENTS.

AND 0.3, AT THE, UM, AT THE, THE DIRECTION OF THE, OF THE APPLICANT, THE APPLICANT SHALL INSTALL NOISE MONITORING TECHNOLOGY TO ASSIST THEM IN MANAGING NOISE POLLUTION CREATED BY PATRONS.

UM, WITH THOSE THREE, UH, CONDITIONS AS, UH, MR. SCRIBNER, UH, PROVIDED EARLIER, THE CITY OF BAYTOWN DOES NOT ADDRESS DEED RESTRICTIONS OR COVENANTS CONDITIONS AND RESTRICTIONS.

AND ADDITIONALLY, THE SPECIAL USE PERMIT DOES NOT OVERRIDE DEED RESTRICTIONS OR COVENANTS CONDITIONS AND RESTRICTIONS.

UM, ONE LAST POINT TO MENTION.

THE, THE PURPOSE OF THE APPLICANT TO PURSUE THIS, UH, SPECIAL USE PERMIT WAS THE RESULT OF A CODE ENFORCEMENT INVESTIGATION.

UH, THE INVESTIGATION DID NOT INVOLVE NOISE OR NUISANCE.

THE INVESTIGATION ITSELF WAS THE SUSPICION THAT THERE WAS A SHORT TERM RENTAL, AND THAT'S WHAT ENACTED THE CODE ENFORCEMENT,

[00:30:01]

AS A RESULT, THE APPLICANT SOUGHT A RESOLUTION WITH THE CITY BY WAY OF THE SPECIAL USE PERMIT PROCESS, UM, AND THAT AS WITH ANY OTHER APPLICANT IN A SIMILAR SITUATION, THEY SOUGHT THE CORRECT, UH, FORM OF ACTION TO PURSUE.

UM, IF IN FACT THERE ARE ANY OTHER FORMS OF, OF, UH, SHORT TERM RENTALS THAT ARE GOING ON IN THE CITY AT THIS TIME, UM, WITHOUT THE SPECIAL USE PERMIT APPROVAL THROUGH THE CITY, THEY'RE TECHNICALLY, UM, ILLEGAL.

AND SO WITH THAT BEING SAID, THEY'RE, THEY'RE NOT ADHERING TO WHATEVER SPECIAL CONDITIONS OF APPROVAL THAT WE MAY HAVE.

SO IF THERE'S ANY ISSUES WITH ANY OTHER, UM, FORMS OF SHORT TERM RENTALS, THAT WOULD MORE THAN LIKELY BE ONE OF THE REASONS.

AND ONCE WE GET THEM INTO COMPLIANCE, THEY'LL BE FOLLOWING THE RULES TO REDUCE ANY FORM OF NUISANCE THAT MAY BE GOING ON AT OTHER SHORT-TERM RENTAL PROPERTIES.

AND WITH THAT, I, I, I YIELD.

EXCELLENT.

THANK YOU.

WE HAVE THREE PEOPLE SIGNED UP TO SPEAK AND I'LL JUST CALL YOUR FIRST NAME.

MARIE, THANK YOU FOR COMING FORWARD AND STATING YOUR NAME AND ADDRESS.

MARIE D CAN CAN YOU HEAR ME? CAN YOU HEAR ME? CAN YOU HEAR YOU NOW? YES, MA'AM.

OKAY.

UH, MARIE DKI 4 7 0 5 BURNING TREE.

I'M PRESIDENT OF THE COUNTRY CLUB, OAK CIVIC ASSOCIATION.

UH, WHEN PEOPLE PURCHASE HOMES IN A NEIGHBORHOOD, THEY DO SO WITH THE INTENTION OF STAYING FOR MANY YEARS.

OVER TIME, THEY MEET THEIR NEIGHBORS, BUILD LASTING RELAT FRIENDSHIPS, AND CREATE A STRONG SENSE OF COMMUNITY.

THESE RELATIONSHIPS OFTEN ENDURE EVEN WHEN ONE FAMILY MOVES AWAY, NEIGHBORS SUPPORT ONE ANOTHER THROUGH BOTH EVERYDAY LIFE AND DIFFICULT TIMES.

WHETHER IT'S CHECKING IN AFTER A STORM OR LENDING A HAM DURING A PERSONAL HARDSHIP, NEIGHBORS LOOK OUT FOR EACH OTHER.

KNOWING WHO LIVES NEXT DOOR ACROSS THE STREET OR A FEW HOUSES DOWN, BRINGS A SENSE OF SAFETY AND SECURITY.

NEIGHBORS HELP WATCH OTHER HOMES, CARE FOR PETS, AND PROVIDE PEACE OF MIND WHEN SOMEONE IS AWAY.

A NEIGHBORHOOD IS MORE THAN A COLLECTION OF HOUSES.

IT'S A PLACE WHERE PEOPLE LIVE, CONNECT, AND CARE FOR ONE ANOTHER.

SHORT TERM RENTALS LIKE AIRBNB DISRUPT THIS SENSE OF STABILITY.

WHEN NEW UNFAMILIAR PEOPLE ARE CONSTANTLY COMING AND GOING, IT CREATES A FEELING OF UNEASE AND INSECURITY, NOT COMMUNITY.

IT'S MORE LIKE LIVING NEXT TO A HOTEL ROOM THAN A HOME COUNTRY.

CLUB OAKS IS NOT A HOTEL OR EXTENDED STAY HOTEL.

OUR DEED RESTRICTIONS ARE CLEAR.

THE LOTS IN COUNTRY CLUB OAKS SHALL BE USED FOR SINGLE FAMILY RESIDENCE PURPOSES ONLY.

THIS EXCLUDES GARAGE APARTMENTS, WHICH THE PROPERTY IN QUESTION NOW HAS APARTMENT HOUSES AND ANY COMMERCIAL OR PROFESSIONAL USES, THESE ARE EXPLICITLY PROHIBITED.

FURTHER, NO BUSINESS TRADE OR ACTIVITY OF ANY KIND SHALL BE CARRIED ON A POUND UPON ANY OF THE LOTS IN THIS SUBDIVISION, NOR SHALL ANYTHING BE DONE, WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD.

IN LIGHT OF THESE LONGSTANDING RESTRICTIONS AND THE DISRUPTION CAUSED BY SHORT-TERM RENTALS, WE, THE RESIDENTS OF COUNTRY CLUB OAKS RESPECTFULLY ASK THAT YOU DENY THE SPECIAL USE PERMIT FOR THIS PROPERTY.

WE URGE THAT IT IS TO BE RETURNED TO ITS ORIGINAL PURPOSE, A SINGLE FAMILY RESIDENCE, JUST AS OUR NEIGHBORHOOD WAS INTENDED TO BE.

THANK YOU MA'AM.

KYLE RHODES.

THANK YOU.

KYLE RHODES, 51 11 GLENHAVEN.

I'M WITHIN 300 FEET OF THE PROPOSED PROPERTY.

I'M OPPOSED AND DO NOT WISH FOR THE SPECIAL USE PERMIT TO GO FORTH, ESPECIALLY WITH THIS, UH, PROVISION THAT IT BE BOTH LONG TERM AND SHORT TERM.

HAVING A CAVEAT TO IT.

I'M AGAINST THE UNDER 28 DAY RENTAL OVER THAT.

I CAN SEE THAT PEOPLE WOULD COME IN WITH USES FOR 30 DAYS, THREE MONTHS, SIX MONTHS AS ENGINEERS, NURSES, WHATEVER NEEDED FOR THE FACILITY.

IT'S THE SHORT TERM RENTAL I'M AGAINST.

AND THAT IS THE PURPOSE OF THE USE PERMIT THAT YOU HAVE.

IT DOES TURN IT INTO A BUSINESS AS OPPOSED TO A RESIDENCE, WHICH IS AGAINST THE SR NEW ZONING CODE UNDER SF ONE.

OF COURSE, YOU COULD NOT DO THAT UNDER THE OLD CODE.

I UNDERSTAND THIS HAS ALREADY BEEN ADDRESSED AT THE BEGINNING AND THE DEED RESTRICTIONS ARE NOT WITHHELD.

AND UNDER YOUR JURISDICTION, HOWEVER, IF YOU ISSUE THE SPECIAL USE PERMIT, YOU HAVE NOW

[00:35:01]

THEREFORE, BY GRANTING THIS, YOU'RE PUTTING 'EM IN A CATCH 22.

THEY CANNOT OPERATE LEGALLY UNDER 28 DAYS WITHOUT BEING IN CITY VIOLATION.

AND THEY CANNOT OPERATE UNDER 20 DAYS AS A BUSINESS WITHIN THE ZONE.

PLEASE DISAPPROVE.

THANK YOU.

THANK YOU, SIR.

SANDEEP, THANK YOU.

YOUR NAME AND ADDRESS.

THANK YOU VERY MUCH FOR THE OPPORTUNITY.

I OWN THIS HOUSE AND, UH, I WOULD LIKE TO STATE THAT, UH, SINCE LAST ONE YEAR, UH, APPROXIMATELY ONE YEAR, I HAVE OWNED IT.

ELIZABETH FRANCO IS HERE AND I HAVE, UH, WORKED HARD TO CREATE, UH, KEEP THE RESIDENTIAL CORRECTOR OF THE HOUSE.

AND, UH, WITH TWO ACTIVITIES, WHICH I WOULD LIKE TO STATE THAT I HAVE REFUSED MORE THAN 3,300, UH, DOLLARS WORTH OF, UH, SIX RESERVATIONS.

AND I'VE PROVIDED THE SCREENSHOTS TO, UH, THE, UH, PLANNING DEPARTMENT SAYING THAT IF I SUSPECTED ANYBODY WHO IS THINKING OF, UH, CREATING AN EVENT, EVEN A BIRTHDAY PARTY OR ANYTHING, I WOULD'VE SAID NO.

AND ELIZABETH HAS IS A, UH, IS A, IS A BAYTOWN RESIDENT, AND SHE HAS BEEN MANAGING THE PROPERTY BEAUTIFULLY.

AND I HAVE NOT SEEN ANY INCIDENT OR ANY, UH, UH, COMPLAINT IN THE LAST ONE YEAR.

AND I, UH, SINCE THE, UH, TITLE COMPANY OR DEED AND MY, TO THE BEST OF MY KNOWLEDGE, DOES NOT SAY ANYTHING ABOUT DEED RESTRICTIONS.

AND I WILL INVESTIGATE FURTHER ON THAT.

THANK YOU.

THANK YOU, SIR.

THERE BEING NO ONE ELSE DESIRING TO SPEAK.

I CLOSE THIS PUBLIC HEARING AT 5:37 PM CONCERNING THE SPECIAL USE PERMIT AT 51 11 ASHWOOD DRIVE.

ANY DISCUSSION FROM THE COMMISSIONERS? I HAVE A COUPLE OF QUESTIONS.

HE DIDN'T SET HIS ADDRESS.

UH, HE SAID HE WAS THE OWNER OF THE OH, YOUR PERSONAL ADDRESS, PLEASE.

MY PERSONAL ADDRESS IS 2 4 3 2 ET LANE IN, UH, LEANDER, TEXAS.

OKAY, THANK YOU.

UM, COMMISSIONER WHEELER.

I COULDN'T HEAR HIM.

COMMENTS.

ONE FOR MARTIN, IF WE HAVE THAT MANY HERE AND THEY'RE NOT PERMITTED, WHY ARE WE NOT SHUTTING THEM DOWN? THANK YOU.

UM, WE ARE NOT STAFFED ADEQUATELY FOR THAT AS THEY COME IN AS COMPLAINTS.

PLUS WE DON'T, WE ARE, WE'RE NOT STAFFED FOR PROACTIVE ENFORCEMENT AS THEY COME AS COMPLAINTS, THEN WE HAVE ADDRESSED THEM.

THIS IS WHERE, THAT'S WHERE THIS ONE CAME UP.

I DON'T KNOW ANY NEIGHBORHOOD THAT HAS ONE OF THESE THAT DOESN'T COMPLAIN ABOUT IT ON A REGULAR BASIS.

UH, SECONDLY, IT SAYS NO PARTIES, NO SMOKING.

HOW IS THAT GONNA BE MONITORED? THERE'S NO WAY TO MONITOR THAT.

YOU'RE NOT GONNA BE THERE 24 HOURS A DAY AND YOU'RE NOT GONNA BE THERE BETWEEN THE SAFE HOURS OR WHATEVER YOU CHOOSE TO CALL IT.

IT'S ADVERTISED AS THE GATHERING HOUSE.

YOU SAY NO PARTIES THAT SAYS PARTY TO ME.

AND IT WOULD SAY PARTY TO THEM.

THAT'S WHAT PEOPLE ARE COMING FOR.

THEY'RE NOT COMING BECAUSE WE HAVE A SHORTAGE OF HOUSING FOR INDUSTRIAL WORKERS.

WE HAD 10,000 OF 'EM IN THE ETHANE PROJECT.

WE DIDN'T HAVE A HOUSING SHORTAGE THEN.

SO NONE OF THIS FITS WITH WHAT YOU'RE ACTUALLY SAYING IN THESE PROVISIONS.

THERE ARE ALL KINDS OF SIDE THINGS THAT DON'T, DON'T FIT, AND WE DON'T HAVE THAT KIND OF DESIRE FOR OUR COMMUNITY AND OUR NEIGHBORHOODS IN THIS COMMUNITY.

THANK YOU.

COMMISSIONER LAREDO? ANYTHING.

COMMISSIONER CARROLL? I HAD A QUESTION, UM, ON THIS HAS NO ACCESSORY, UM, HOUSING NO ACCESSORY.

UM, BUILDING.

CAN'T HEAR YOU.

IS THE, THEY CAN'T YOUR THING ON MICROPHONE.

JUST THE RED.

OH, THERE YOU GO.

THERE YOU GO.

ON THIS STRUCTURE, UM, IT SAYS NO ACCESSORY BUILDINGS USED.

THE GARAGE IS DETACHED.

AND IS THAT WHAT THEY'RE LEASING OUT OR IS IT THE WHOLE HOUSE? SO THE WHOLE HOUSE, I BELIEVE IT'S THE HOUSE, WHOLE HOUSE.

THE, UH, THE GARAGE IS ATTACHED.

UM, OH, OKAY.

IT LOOKS DETACHED.

I APOLOGIZE.

IT MAY APPEAR THAT WAY, BUT IT IS ATTACHED AND SO THEREFORE IT'S ONE, ONE COMPLETE AND IT WAS TURNED FROM A GARAGE INTO A HABITABLE SPACE TO MAKE MORE ROOM FOR RENTAL, RIGHT? YES.

OKAY.

THANK YOU COMMISSIONER BEARD.

SO, UM, HOW MANY NOTICES DID YOU GUYS SEND OUT? REMEMBER HOW MANY DID STAFF SEND OUT? IT'S IN YOUR STAFF REPORT.

I DON'T, DO YOU HAVE THAT STAFF REPORT HAND EITHER ? UH, MY APOLOGIES.

I WAS, I WAS OUT OF THE OFFICE DURING THAT TIME WHEN THAT OCCURRED.

UM, IT WAS 36 NOTICES THAT WENT OUT.

OKAY.

YOUR HONOR, I'M ALWAYS COMPLAINING ABOUT THE FACT THAT WE, UH, WE

[00:40:01]

MS. KOECK LIVES FOUR HOUSES DOWN.

SHE DIDN'T RECEIVE A NOTICE, WHICH IS, I'M JUST RAISING THE POINT THAT WE JUST NEED TO DO A MUCH BETTER JOB OF SENDING OUT THESE NOTICES TO RESIDENTS.

THAT'S MY FIRST THING.

IT'S 300 FEET.

THE LOTS ARE HUNDRED ACROSS.

SO SHE'S FOUR DOWN, SHE'S 400 ANYWAY.

CORRECT.

SO I, I'LL REITERATE THAT.

I THINK WE TALKED ABOUT BEFORE, IF WE, IF THE CITY DECIDES AS A WHOLE THAT WE NEED TO DO MORE, THEN IT HAS TO BE PUT IN THE CODE THAT WAY.

OTHERWISE WE HAVE TO BE CONSISTENT SO WE SEND IT OUT TO THE 300 FEET.

YEAH, I I UNDERSTAND THAT.

I'M GONNA CONTINUE TO RAISE IT UNTIL MAYBE WE BRING UP THE COUNCIL.

I'LL MAKE THE DECISION.

SO SECOND QUESTION IS, IF WE HAVE MANY OF THESE AND YOU'RE NOT STAFFED TO ENFORCE IT, WHY IN THE WORLD WOULD WE APPROVE ANOTHER ONE THAT YOU DON'T HAVE STAFF TO ENFORCE IT? I MEAN, THAT DOESN'T MAKE ANY SENSE TO ME.

THIRDLY, WHY WOULD WE PLACE A SUBDIVISION HOA AND DIRECT CONFLICT IF THEY'RE GONNA BE FORCED TO GO TO COURT AND HIRE AN ATTORNEY TO ENFORCE THEIR DEALS? WHETHER THE CITY'S INVOLVED OR NOT, THAT'S WHAT WE'RE DOING.

AND THIS IS A BREAD AND BREAKFAST, I DON'T CARE WHAT YOU CALL IT.

IT'S A BMV AT THE END OF THE DAY.

AND, AND THEY JUST DON'T BELONG IN THESE RESIDENTIAL SUBDIVISIONS, YOU KNOW, AT, AT ANY POINT IN TIME GOING IN.

THEY'RE, THEY'RE A NUISANCE.

YOU CAN'T CONTROL THEM.

I DON'T KNOW HOW YOU'RE GONNA MONITOR THE NOISE UNLESS YOU LIVE ON THE PROPERTY.

YOU KNOW, MOST BVS HAVE SOMEBODY LIVING ON THE PROPERTY.

SO I, I JUST, I DON'T UNDERSTAND HOW YOU'RE GONNA BE ABLE TO MANAGE THESE AND DO IT.

AND, AND HOW, AND WHAT'S THE FOLLOW UP ENFORCEMENT FROM THE CITY GONNA BE TO ENSURE THAT THEY COMPLY? THAT'S MY QUESTION.

UM, OKAY.

UH, SO I'LL START WITH THIS.

THE CITY APPROVED THE SPECIAL USE CONDITIONS FOR THIS.

AND SO IF THERE WAS CONCERNS ABOUT HOW TO ENFORCE IT, I'M SURE THAT I WOULD ASSUME THAT THOSE WOULD'VE BEEN ADDRESSED AT THAT TIME.

BUT, UM, THE MAJORITY OF WHAT YOU'VE ASKED, UNFORTUNATELY, WOULD REQUIRE AN OPINION FROM MYSELF WHEN IN FACT, MY OBJECTIVE IS TO INFORM YOU OF THE INFORMATION THAT WAS PROVIDED.

AND BASED ON THAT INFORMATION, YOU WOULD, YOU ALL WOULD, UM, COLLECTIVELY VOTE ON WHETHER OR NOT TO RECOMMEND APPROVAL.

AND IT WOULD BE TO CONVINCE THE AUDIENCE AND THE COMMUNITY OF YOUR DECISION MAKING.

UM, IF, IF YOU WOULD LIKE FOR ME TO BE AT LIBERTY TO PROVIDE MY OPINION.

UM, TELL, LEMME JUMP IN REAL QUICK HERE.

YEAH, WE'RE, LET, LET ME, UM, LET ME JUST KIND OF CLARIFY A COUPLE THINGS.

LET, AS WE TALK ABOUT THE, THE, ANY KIND OF NOISE ISSUES, PARTIES, THINGS LIKE THAT, THOSE ARE GOING TO BE ADDRESSED BY COMPLAINTS THAT GO TO THE POLICE.

WE AS A DEPARTMENT DON'T ENFORCE THINGS LIKE NOISE VIOLATIONS, PARTIES, GATHERINGS, THINGS LIKE THAT.

WE, WE DON'T ENFORCE THAT THE POLICE WOULD HAVE TO BE CALLED IN ORDER TO DO THAT.

NOW, IF SOMEBODY CAME AND SAID, I HAVE EVIDENCE THAT THEY WERE DOING THESE THINGS, THEN WE WOULD, BECAUSE OF THE SUP, HAVE A LITTLE BIT MORE, UH, AUTHORITY THAN WE WOULD'VE HAD OTHERWISE TO SAY, OKAY, WE, NOW WE HAVE, YOU KNOW, SOME PROOF THAT YOU WERE HOLDING PARTIES THOUGH, THAT YOU WERE, THERE WERE NOISE COMPLAINTS THAT CAME THROUGH THE POLICE DEPARTMENT.

THEN WHEN WE, WE WOULD HAVE THE AUTHORITY.

IN FACT, THE DIRECTOR SPECIFICALLY HAS AUTHORITY TO PULL THAT SPECIAL USE PERMIT AND NOT ALLOW THEM TO OPERATE THERE ANYMORE.

BUT WOULD WE BE OUT THERE ON A DAILY BASIS CHECKING TO SEE WHAT'S GOING ON? NO, WE, WE, WE DON'T HAVE THE STAFFING FOR THAT.

PLUS YOU DRIVE PAST ONE OF THESE THAT'S OPERATING LAWFULLY AND YOU WON'T KNOW IT'S THERE.

AND THAT, THAT IS THE POINT OF, OF THE WHOLE THING.

SO, UM, AGAIN, IF, IF YOU'RE GETTING INTO SOME OF THAT TYPE OF STUFF, IT, IT IS ADDRESSABLE.

IF THERE IS A PROBLEM, IF THERE ARE NO PROBLEMS, THEN, THEN IT'LL JUST BE SMOOTH SAILING.

SO AS A, UH, AGAIN, SORT OF A TEST CASE FOR THE, FOR THE ORDINANCE, REMEMBER THE OLD ORDINANCE DIDN'T ALLOW THESE AT ALL.

AND TO BE HONEST WITH THE, THE, THE TRENDS THAT WE'RE SEEING ACROSS THE STATE AND ACROSS THE COUNTRY, THAT'S, THAT'S NOT REASONABLE.

THE CITY OF BETON IS GOING TO HAVE THESE, SO WOULD YOU RATHER REGULATE THEM AND MAKE SURE THAT THE, THE NEIGHBORS AND THE PUBLIC IS INFORMED? OR WOULD WE RATHER CONTINUE ON THE PATH THAT WE'RE ON TO SAY WE'RE JUST GONNA KIND OF TURN A BLIND EYE BECAUSE THERE'S, THERE'S, THERE'S NO GOOD WAY TO, TO ENFORCE IT AT THAT POINT.

UM, I ALSO BELIEVE, AND I'VE WORKED IN OTHER STATES THAT DID THIS, THAT THE STATE IS HEADED TOWARDS THE POSSIBILITY OF SAYING, CITIES, YOU CAN'T ENFORCE THESE, YOU CAN'T REGULATE THESE TYPES OF USES.

UM, AGAIN, I'VE, I'VE WORKED IN OTHER STATES WHERE THAT WAS THE CASE.

THEY SAID, CITY, YOU'RE HANDS OFF AS LONG AS IT LOOKS AND SOUNDS LIKE A HOUSE.

IT'S A HOUSE AND YOU CAN'T DO ANYTHING WITH IT.

SO

[00:45:01]

SO, UM, SO ANYWAY, THANK YOU COMMISSIONER COSTA .

I AM A NEIGHBOR, WHICH, AND SO I HAD TO LOOK AT THIS AND STAY AS OBJECTIVE AS I COULD, YOU KNOW, UM, BECAUSE IT IS FOUR DOORS DOWN.

UM, I, I LIKE TO SHARE WITH THE COMMISSION.

SO THIS HOUSE AND THE HOUSE NEXT DOOR TO IT BOTH WENT ON THE MARKET ABOUT THE SAME TIME A FAMILY MOVED INTO ONE OF 'EM AND WE DIDN'T KNOW WHO MOVED INTO THE SECOND ONE, KIND OF SEE PEOPLE THINGS ARE COMING AND GOING, DIDN'T KNOW WHAT WAS GOING ON.

IT WAS QUITE PECULIAR, UM, UNTIL WE FIGURED OUT WHAT WAS GOING ON.

AND THAT WAS A LITTLE CONCERNING, UM, BECAUSE I MYSELF HAVE COMMUNICATED WITH THE CITY OF BAYTOWN BACK IN THE FALL OF 2022, ABOUT A GENTLEMAN THAT WAS RUNNING FOR CITY COUNCIL THAT HAD AN AIRBNB HE CLAIMED TO LIVE IN AND DID NOT.

I DID SPEAK WITH, UM, MULTIPLE CITY OFFICIALS INCLUDING OUR ATTORNEY ABOUT THIS.

AND IT WASN'T IN THE CODE THEN ALLOWED AT ALL.

AND YET I DON'T KNOW HOW MUCH MORE OF A DIRECT COMPLAINT THAT COULD BE AND IT WAS STILL ALLOWED TO OPERATE.

AND OTHERS SINCE THEN, I SIGNED UP FOR VRBO AND AIRBNB'S, UM, MAILING LIST FOR BAYTOWN.

AND IT'S QUITE INTERESTING WHAT IS OUT THERE.

I DO UNDERSTAND THE, UM, STAFF THAT IT TAKES TO ENFORCE HOW THERE IS ANOTHER ONE NEXT DOOR TO MY GRANDMOTHER IN LAKEWOOD THAT HAS BEEN REPORTED AS WELL.

AND IT EVEN HAD A POLICE EVENT THAT HAPPENED THERE WHERE A MAN LOST HIS LIFE.

SO I HAVE SERIOUS CONCERNS 'CAUSE IT DOESN'T JUST AFFECT ME AND AFFECTS THOSE THAT ARE LOVED THAT I LOVE VERY DEARLY.

AND THIS IS SOMETHING THAT I'VE BEEN COMMUNICATING WITH THE CITY ABOUT FOR YEARS, INDEPENDENTLY ON MY OWN WITH THE CONCERNS THAT COME WITH IT.

MY SON IS EIGHT YEARS OLD, NEXT DOOR IN THAT HOUSE IS A LITTLE GIRL.

MY SON LIKES TO PLAY WITH THAT LITTLE GIRL.

I DON'T KNOW IF A SEX OFFENDER IS RENTING THAT SHORT TERM.

I CAN TELL YOU WHERE THE SEX OFFENDER IS IN MY NEIGHBORHOOD.

THAT'S CONCERNING.

SO WHEN YOU GO TO A HOTEL, YOU KNOW THE RISKS THAT YOU HAVE.

EVERYBODY AS A TRANSIENT IN THOSE MOMENTS.

BUT IN THIS SITUATION THERE'S MAJOR SAFETY CONCERNS THAT I HAVE.

WHETHER OR NOT THE STATE, OUR STATE, OTHER STATES, I DON'T SEE OUR STATE GOING FOR IT.

BUT I'LL HAVE THAT CONVERSATION WITH MY STATE REP IF THAT'S SOMETHING THAT IS THE DIRECTION THAT WE'RE GOING BECAUSE THE SAFETY OF A NEIGHBORHOOD, I DIDN'T BUY MY HOUSE WHEN I DID AND WHERE I DID BECAUSE OF THESE SITUATIONS.

AND IT DOES, AS KYLE SAID, CREATE COMMERCIAL PROPERTY.

AND TRACY MENTIONED A FEW THINGS AND I'M JUST CHECKING IT OFF MY LIST, YOU KNOW, OF MY CONCERNS.

SO I DO NOT SUPPORT THIS AND NOT JUST BECAUSE IT'S MY NEIGHBOR AND NOT JUST BECAUSE HOPEFULLY THE ONE IN LAKEWOOD THAT HAS RECEIVED, OR ONE OF THEM IN LAKEWOOD THAT HAS RECEIVED MULTIPLE COMPLAINTS TO THE CITY ABOUT THAT HASN'T CAME IN FRONT OF US YET.

AND WHEN IT DOES NOT JUST BECAUSE IT LIVES NEXT TO MY GRANDMOTHER, BUT BECAUSE I CAN FIRSTHAND SEE WHAT HAPPENS IN USING MY EXPERIENCE AND KNOWLEDGE IN THIS.

SO, UM, WHETHER OR NOT WE CAN OR CAN'T REGULATE AS, AS LONG AS WE STILL ALLOW IT, THEY'RE GOING TO PROLIFERATE, PROLIFERATE, PROLIFERATE, PROLIFERATE.