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GOOD AFTERNOON LADIES AND GENTLEMEN.
IF WE COULD PLEASE HAVE OUR SPANISH LANGUAGE INTERPRETATION SERVICES STATEMENT.
MY NAME IS JOHN BUSANTE AND I AM THE CHAIR OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT FIVE ZONING COMMISSIONER.
UH, THE TIME IS 1:02 PM AND I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION.
I LIKE TO DO ROLL CALL BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT.
MY NAME IS ROB SIPES AND I REPRESENT DISTRICT SEVEN.
I REPRESENT DISTRICT EIGHT, DANNY KELLUM, DISTRICT ONE, JOHN WHITSETT, DISTRICT 10 MOSES VE, DISTRICT NINE AND GHOST SPURS.
I'M MIA LOS DISTRICT TWO GOES FAR AS GO.
KEN HUI, DISTRICT SIX, GEORGE OSA, DISTRICT THREE.
EDDIE PETE EZ, DISTRICT FOUR ANO MAYOR'S APPOINTEE.
ALRIGHT, STAFF, DO WE HAVE A QUORUM? YES, THE QUORUM IS PRESENT.
SO SINCE WE DO HAVE A LOT OF SPURS FAN HERE TODAY, I WOULD ASK THAT YOU KEEP YOUR COMMENTS SOMEWHAT LIMITED SO WE'RE NOT HERE DURING THE GAME TOMORROW.
YOU'RE GONNA BE LIMITED ANYWAY.
UH, WOULD EVERYONE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.
UH, BEFORE WE BEGIN OUR HEARING, I WOULD LIKE STAFF TO REVIEW OUR MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE STAFF.
IF YOU WOULD, BEFORE I BEGIN, PLEASE TURN YOUR PHONES ON VIBRATE OR TURN THEM OFF.
THE ZONING COMMISSION IS AN 11 MEMBER BODY APPOINTED BY THE CITY COUNCIL TO MAKE RECOMMENDATIONS ON ZONING CASES UPON RECEIVING A RECOMMENDATION FROM THE COMMISSION.
YOU HAVE SIX MONTHS FROM THE DATE OF THE COMMISSION RECOMMENDING RECOMMENDATION TO FORWARD YOUR CASE TO CITY COUNCIL.
IF YOU HAVE ANY QUESTIONS REGARDING THIS PROCEDURE, PLEASE CONTACT YOUR CASE MANAGER.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREAS TO BE CONSIDERED FOR REZONING AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES PRO THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE COMMISSION, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE SIGNED UP TO SPEAK FOR THE, UH, IT'S GONNA BE MINUTES.
FOR THOSE SIGNED UP TO SPEAK FOR AND OR AGAINST THE PROPOSED REZONING, YOU'LL BE CALLED IN THE ORDER THAT YOU'RE SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF TWO MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
YOU'LL BE INFORMED THAT THE TWO MINUTES ARE UP.
FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF SIX, SIX MINUTES GIVING THEIR TIME, UH, OR FOR, FOR A TOTAL OF NINE SIX MINUTES.
UH, AND PLEASE ANNOUNCE THAT, UH, THE SPEAKERS GO WHEN YOU'RE GOING TO THE PODIUM THAT YOU'RE YIELDING YOUR TIME, THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS THE COMMISSION QUESTIONS.
AND I JUST WANNA REPEAT THIS BECAUSE IT BEARS REPEATING.
UM, TODAY EACH INDIVIDUAL WILL HAVE TWO MINUTES, UH, BUT OTHER PEOPLE CAN GIVE YOU THEIR TIME FOR A TOTAL OF SIX MINUTES.
TWO OTHER PEOPLE CAN GIVE YOU THEIR TIME.
THAT BEING SAID, IF YOU WANT TO USE SOMEONE ELSE'S TIME OR YOU WANT TO GIVE YOUR TIME TO SOMEONE, YOU HAVE TO DO THAT BEFORE THAT PERSON BEGINS TO SPEAK.
OKAY? SO IF YOU WANT TO GIVE YOUR TIME AND SOMEONE'S WALKING UP AND YOU KNOW YOU WANT TO GIVE THEM YOUR TIME, JUMP UP AND I WILL CALL ON YOU AND ASK YOUR NAME AND SAY, DO YOU WANT TO GIVE YOUR TIME? ALRIGHT.
[Zoning Items ]
DO WE HAVE ANY WITHDRAWN OR POSTPONED ITEMS? WE DO NOT.UH, CAN YOU READ THE ITEMS CURRENTLY ON COMBINED HEARING NUMBER ONE, THE CONSENT AGENDA, PLEASE.
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ITEMS WE HAVE ON CONSENT ARE ITEMS 10, 12, 13, AND 14.DOES ANYONE WANNA PULL ANY OF THOSE ITEMS FROM THE CONSENT AGENDA? LOOKING LEFT, SEEING NONE, LOOKING RIGHT, SEEING NONE.
UH, STAFF, IF WE COULD PLEASE READ THOSE ITEMS INTO THE RECORD PLEASE.
ITEM NUMBER 10 IS A REQUEST FOR A CHANGE IN ZONING FROM R FIVE TO R FIVE CD WITH A CONDITIONAL USE FOR THREE DWELLING UNITS WITH ALL OVERLAYS TO REMAIN THE SAME.
LOCATED AT EIGHT 11 HORTENCIA STREET, 44 NOTICES WERE MAILED.
ZERO OPPOSED NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
ITEM NUMBER 12 IS A REQUEST FOR A CHANGE IN ZONING FROM C3 NA TO C TWO WITH ALL OVERLAYS TO REMAIN THE SAME.
LOCATED AT 34 23 PLEASANTON ROAD.
DALE MCCOLLUM NEIGHBORHOOD ASSOCIATION TAKES NO POSITION.
ITEM NUMBER 13 IS A REQUEST FOR A CHANGE IN ZONING FROM R SIX TO R SIX CD WITH A CONDITIONAL USE FOR TWO DWELLING UNITS WITH ALL OVERLAYS TO REMAIN THE SAME.
LOCATED AT 6 0 9 RIPLEY AVENUE.
ALTA VISTA NEIGHBORHOOD ASSOCIATION IN SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION GAVE NO RESPONSE.
ITEM NUMBER 14 IS A REQUEST FOR A CHANGE IN ZONING FROM I ONE TO C3 WITH ALL OVER LACE TO REMAIN THE SAME.
LOCATED AT 1798 AUSTIN HIGHWAY 13.
AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET AND THERE IS NO PUBLIC COMMENT ON THOSE FOUR ITEMS. FANTASTIC.
YOU DIDN'T EVEN GIVE ME THE OPPORTUNITY TO FORGET TO ASK FOR PUBLIC COMMENT.
UM, THE FLOOR IS NOW OPEN FOR A MOTION, MR. CHAIR? YES.
MOVE TO APPROVE THE FOLLOWING ITEMS. ITEM NUMBER 10, 12, 13 AND 14.
ALRIGHT, IS THERE A SECOND? I SECOND.
ALRIGHT, SECOND BY COMMISSIONER ANA.
UH, ANY DISCUSSION? LOOKING LEFT.
COMMISSIONER PETE RODRIGUEZ? YES.
IF YOU ARE HERE FOR ANY OF THOSE ITEMS, YOU CAN GO ON AND ENJOY THIS BEAUTIFUL DAY.
UH, THOSE ITEMS ARE GOING TO BE SENT TO CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AND WE'RE GONNA MOVE ON OUR NEXT, UH, SORRY.
AND THE TIME IS ONE 10 AND COMMISSIONER KELLUM HAS LEFT THE HEARING.
UM, WE'RE GONNA MOVE ON NOW TO OUR SECOND, UH, COMBINED HEARING DOCKET AND THAT'S A CONTINUANCE HEARING TO JUNE 16TH, 2026.
UH, THE ONLY ITEM THAT WE HAVE ON THE CONTINUANCE DOCKET IS, UM, ITEM 11 AND THREE WAS, UH, SO ITEMS THREE AND 11 WERE MOVED TO THE, UH, JUNE 16TH MEETING? YES.
ALRIGHT, IS THERE ANY PUBLIC COMMENT ON THOSE ITEMS? NO PUBLIC COMMENT.
UM, THE FLOOR IS NOW OPEN FOR A MOTION, MR. CHAIR.
I'LL MOVE TO, UH, CONTINUE ITEMS THREE AND 11 TO THE JUNE 16TH HEARING.
IS THERE A SECOND? I'LL SECOND IT.
UH, I'M GONNA GO WITH PETE RODRIGUEZ.
UM, THE MOTION IS FOR, UH, ITEMS THREE AND 11 TO BE CONTINUED TO THE JUNE 16TH, 2026 MEETING BY COMMISSIONER DUBEL WITH THE SECOND BY COMMISSIONER PETE RODRIGUEZ.
AND, UH, ANY DISCUSSION? I AM SORRY.
THERE ARE TWO PEOPLE SIGNED UP FOR 11.
WE ARE GOING TO HOLD THAT MOTION AT THIS POINT.
IT IS STILL PENDING, BUT WE WILL HEAR PUBLIC COMMENT AT THIS POINT.
UH, FIRST I HAVE MS. SYLVIA ELAINE FOR ITEM 11.
AND SANDRA COOK IS GIVING HER TIME TO MS. ELAINE.
UH, MA'AM, YOU, IF YOU WOULD STATE YOUR NAME FOR THE RECORD AND YOUR ADDRESS AND YOU WILL HAVE FOUR MINUTES.
SYLVIA LAN ALANIS WAS VERY CLOSE TO A ELAINE.
SYLVIA LANIS, EASTGATE NEIGHBORHOOD ASSOCIATION.
UH, I'M OPPOSING THIS CASE BECAUSE, UM, THERE ARE TRUCKING ON A C3 ONE A.
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IT'S 18 WHEELERS.IT'S NOT REGULAR TRUCKS ON A C3 ONE A, BUT, UH, HE WAS GIVEN SOME TIME PERMISSION TO STAY THERE WITH A, WITH A SPECIAL S BUT NOW HE WANTS TO EXPAND AND WILL HAVE MORE 18 WHEELERS.
I KNOW A LITTLE BIT ABOUT THE PLANNING BECAUSE I WAS HERE HELPING WITH THIS BOOKS.
WE SPENT A LOT OF TIME IN 2008, UH, AWAY FROM OUR LIVES, UM, TO GO HELP THE CITY WITH THE, WITH THE PLANNING.
AND SO I KNOW A LITTLE BIT OF THAT.
I WOULD LIKE OUR ACCESS ROAD TO STAY A C3 AND A, I DON'T SEE IT WITH THIS.
AND THEN EXPANDING MORE, THERE'S MORE, WHAT IS THE 18 WHEELERS NOW? IT WAS BACK THEN AND I ONE OR L ONE, BUT NOW OUR ACCESS ROAD.
AND THEN THEY COME INTO OUR NEIGHBORHOOD AND WE HAVE A SMALL NEIGHBORHOOD, VERY SMALL.
WE JUST GOT A $20 MILLION PROJECT FROM THE BOND BECAUSE, UM, WE DON'T HAVE NO DRAINAGE.
AND THEN WE HAVE THESE 18 WHEELERS BECAUSE THEY'RE FIXING THE 10 AND THE FOUR 10 AND THEN THEY HAVE A STANDSTILL.
AND THEN I'M NOT SAYING THAT HIS BUSINESS IS COMING IN, I HAVE NO PROOF, BUT 18 WHEELERS DO COME AND TRY TO COME IN OUR NEIGHBORHOOD.
UH, AND SO YOU UNDERSTAND THAT THE MOTION RIGHT NOW IS FOR A CONTINUANCE TO THE NEXT HEARING, WHICH IS JUNE 16TH
BUT YOUR COMMENTS WILL BE RECORDED NOW.
AND, AND COMMISSIONER LOAF, I'M SURE, UH, WE'LL TAKE NOTE OF THOSE AND POSSIBLY REACH OUT TO YOU.
ALRIGHT, ANY FURTHER PUBLIC COMMENT? THAT SHOULD BE IT.
I'VE NOTICED SOME PEOPLE WALKING IN IF YOU INTEND TO SPEAK, I WOULD RUN OVER TO THAT FRONT TABLE RIGHT NOW AND SIGN UP AND MAKE SURE YOUR NAME'S ON THAT LIST.
SO IF YOU HAVE WALKED IN AND YOU WANT TO SPEAK RECENTLY, GO OVER THERE AND CHECK IN.
ANY, UH, DISCUSSION TO MY LEFT? SEEING NONE DISCUSSION TO MY RIGHT.
THE MOTION IS FOR A CONTINUANCE FOR ITEMS NUMBER THREE AND 11 TO JUNE 16TH, 2020.
COMMISSIONER LOS, I'M SORRY, I HAVE A QUESTION.
CAN I PULL THAT TO INDIVIDUAL? YOU CAN PULL THAT TO INDIVIDUAL.
ACTUALLY AT THIS POINT YOU CANNOT JUST PULL IT.
UH, YOU CAN MAKE A FRIENDLY AMENDMENT TO REMOVE IT TO, UH, COMMISSIONER DUVALL.
AND COMMISSIONER DUVALL INDICATES SENT TO ACCEPT, ACCEPT, ACCEPTING THAT.
ALRIGHT, THE SECOND IS COMMISSIONER PETE RODRIGUEZ, DO YOU ACCEPT THAT FRIENDLY AMENDMENT? YES.
THE MOTION AS IT STANDS NOW IS FOR ITEM NUMBER THREE TO, UH, BE CONTINUED TO THE JUNE 16TH, 2026.
SECOND BY COMMISSIONER PETE RODRIGUEZ.
OUR NEXT, UH, HEARING IS A CONTINUANCE HEARING TO JULY 7TH FOR ITEM NUMBER 15.
OH, SORRY MS. ALANISE, YOU MIGHT WANNA STAY 'CAUSE SHE JUST, SHE JUST SAID THAT WE'RE GONNA HEAR IT AGAIN.
SO WE'RE GONNA HEAR THAT INDIVIDUALLY TODAY.
UH, THIS IS JUST A CONTINUANCE ON ITEM 15.
CORRECT? YOU WERE SAYING YOU WANTED THE FULL PRESENTATION.
15 IS ON THE CONTINUANCE DOCKET TO JULY 5TH, BUT WE ARE HAVING A FULL PRESENTATION, SO IF THE STAFF COULD PLEASE READ YES FOR IT.
UH, THE ITEM INTO THE RECORD, THE APPLICANT WILL HAVE THE OPPORTUNITY AND THEN WE'LL HEAR PUBLIC COMMENT.
ALEXA RATANA ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 15 IS LOCATED AT 26 35 WOODBURY DRIVE
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IN 19 0 3, 19 0 7.19 11 19 15 PAP FARMS LANE GOING FROM R SIX RESIDENTIAL SINGLE FAMILY DISTRICT TO R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR FOUR DWELLING UNITS ON LOT ONE BLOCK.
TWO N CCB 1 21 0 2, AND R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR TWO DWELLING UNITS ON EACH LOT ON LOTS TWO THROUGH FIVE.
BLOCK TWO NCB 1 21 0 2 WITH ALL OVERLAYS STAYING THE SAME.
THERE WERE 27 NOTICES SENT OUT.
ZERO IN FAVOR, 10 OPPOSED WITHIN 200 FEET.
NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
AND OUTSIDE THE 200 FEET, THERE ARE THREE OPPOSED.
THE EXISTING R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH THE CONDITIONAL USE FOR TWO DWELLING UNITS AND R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH THE CONDITIONAL USE FOR FOUR DWELLING UNITS ARE ALSO APPROPRIATE.
THE APPLICANT HAS SUBDIVIDED THE LAW INTO FIVE SEPARATE LOTS CONSISTING OF 1.4250 ACRE LOT INTENDED TO ACCOMMODATE TWO DUPLEXES AND THREE 0.138 ACRE LOTS AND 1.162 ACRE LOT INTENDED TO ACCOMMODATE A DUPLEX ON EACH OF THE RESPECTIVE LOTS.
THE PROPOSED DENSITY IS CONSISTENT WITH THE EXISTING CHARACTER OF THE NEIGHBORHOOD, WHICH IS CURRENTLY OCCUPIED BY A MIX OF SINGLE FAMILY AND MULTIFAMILY DEVELOPMENTS.
BUILDING ASPECTS SUCH AS BUILDING SIZE AND IMPERVIOUS COVERAGE WILL BE HELD TO A SUBMITTED SITE PLAN AND EXPANSION BEYOND THE PRESCRIBED DOCUMENT WOULD WARRANT ADDITIONAL COUNCIL CONSIDERATION.
THE PROJECT ALSO MEETS THE CITY'S GOALS OF THE STRATEGIC HOUSING IMPLEMENTATION PLAN BY PROVIDING A RANGE OF HOUSING OPTIONS AT VARIOUS INCOME LEVELS.
STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
IF WE COULD HAVE THE APPLICANT PLEASE.
HI, GOOD AFTERNOON, RICARDO TO TEN FOUR.
FOUR SIX TRAIL A OAK, UM, IN DEVELOPMENT.
AGAIN, THANK YOU FOR YOUR TIME.
UM, I PUT A, A, A BRIEF PRESENTATION, UM, BASED ON OUR REQUEST.
UM, JUST A QUICK, UH, BACKGROUND.
UM, IT'S ALREADY BEEN SUBDIVIDED INTO FIVE LOTS.
UM, WE INITIALLY, UH, REQUESTED A RM SIX, UM, UH, RM SIX ZONING.
UM, AFTER CSA REVIEWED IT, THEY RECOMMENDED A CONDITION USE, UH, WE ACCEPTED.
UM, FROM THERE, UH, WE'VE BEEN WORKING WITH, UH, DISTRICT 10, UM, ZONING AND LIAISON MAKES WICK WIRE, UH, THROUGH JUST, YOU KNOW, MAKING SURE THAT, YOU KNOW, WE COMMUNICATED WITH THE, WITH THE RIGHT, UH, PEOPLE.
UH, THIS NEIGHBORHOOD DOESN'T HAVE A, UH, CERTIFIED, UH, OR REGISTERED NEIGHBOR ASSOCIATION.
SO SHE RECOMMENDED WE PUT LIKE AN INFORM, AN INFORMATIONAL BULLETIN, UM, WHICH WE DID.
AND WE, UM, WE WENT AND PERSONALLY, UH, PRINTED AND I PERSONALLY WENT AND KNOCKED ON, YOU KNOW, MANY OF THE DOORS WITHIN THE 200, UH, NOTIFICATION LINE.
SPOKE TO A, A COUPLE OF PEOPLE, UM, BEFORE THE CITY OF SAN ANTONIO ACTUALLY SENT THEIR, UH, YOU KNOW, NOTIFICATION ITSELF.
UM, WE GOT, UH, WE, UH, YESTERDAY AFTERNOON IS WHEN, UM, WE GOT NOTIFIED THAT THERE WAS SOME OPPOSITION.
SO WE'RE MORE THAN HAPPY TO CON, YOU KNOW, DO THE CONTINUANCE.
BUT FOR NOW, UM, I'LL QUICKLY KIND OF GO THROUGH IT.
UM, HERE'S, UH, THE PROPERTY IN RED, UH, IN THE RUN BOUNDARY IS, UH, THE SUBJECT TRACK.
AS I SAID, IT'S ALREADY DIVIDED INTO FIVE LOTS.
UM, THE FOUR LOTS FACING PA FARMS, UH, WILL, UH, ARE BEING PROPOSED FOR ONE DUPLEX EACH.
AND THE, UH, ONE FACING WOODBURY, UH, 26 35 IS WHERE WE'RE PROPOSING.
UM, THE I, THE LOTS IN RED, UM, THE
UH, BUT THEY'RE ALL, THESE ARE RENTERS.
I SPOKE TO MANY OF THEM AS WELL AND DROPPED OFF ACTUALLY NOTIFICATIONS.
AND THEN THIS RIGHT HERE IS A MULTIFAMILY PROJECT, AGAIN, NON-CONFORMING.
IT ACTUALLY HAS, I THINK, SIX OR EIGHT UNITS WITH A PARKING LOT UP FRONT.
THERE'S, UH, AN ADDITIONAL, UM, YOU KNOW, I THINK IT'S LIKE A TRIPLEX RIGHT HERE, UH, YOU KNOW, ANOTHER MULTIFAMILY AND ALL, AND THEN AN APARTMENT COMPLEX IN HERE.
WE BELIEVE THE DUPLEX IS A GREAT TRANSITION FROM THE MULTIFAMILY TO THE, UH, LARGER LOTS.
UM, I, I ALSO TOLD THAT THERE IS AN ACTUAL, A BRAND NEW DUPLEX THAT WAS BUILT RIGHT HERE OR SOMETHING LIKE THAT.
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NOT EXIST.IT, IT UNFORTUNATELY, UM, BURNED DOWN IN, UH, 2022.
SO THE, THE SITE ACTUALLY SITS VACANT, UH, UH, AS OF RIGHT NOW.
UM, JUST THIS IS A VIEW FROM THE INTERSECTION YOU SEE, UH, VACANT.
THERE'S STILL SOME, SOME POLES FROM THE, UM, FROM THE PREVIOUS HOMES.
UM, THE PLOT WAS RECORDED BACK IN NOVEMBER OF LAST YEAR.
UM, WE HAVE THE, THE FOUR LOTS HERE IN THE LARGER LOT, UH, FACING WOODBURY.
UH, THIS IS OUR PROPOSED, UM, RENDER.
UH, WE, UH, YOU KNOW, IT, IT BASICALLY SAYS, YOU KNOW, IT'S ONE ACRE, UM, FIVE, FIVE LOTS, UH, 12 UNITS.
AND THE, UH, YOU KNOW, THE RESIDENT PARKING WILL HAVE ONE CAR GARAGE WITH AN ADDITIONAL DRIVEWAY PARKING.
SO, YOU KNOW, TO MEET THE, THE CITY CODE ON THAT.
UM, YOU KNOW, WE HAVE OUR, OUR OUR R SIX, UM, IS IT R SIX OR FOUR? UM, SETBACKS REQUIRED.
SO WE, YOU KNOW, WE MAKE SURE OUR, OUR SITE PLAN, UM, OUR SITE PLAN RESPECTED THOSE, UM, SETBACKS, UH, COMMUNICATED BY THE CITY ARE JUST SOME QUICK, YOU KNOW, FRONT ELEVATION RENDERINGS.
AGAIN, THESE, THESE ARE ONE CAR GARAGE, UM, DUPLEX EACH AROUND 13, 1300 SQUARE FEET.
UM, THAT, YOU KNOW, THAT GIVES US AN OPPORTUNITY TO LEASE THESE HOMES TO, UM, UH, PEOPLE IN THE, YOU KNOW, NEIGHBORHOOD THAT ARE LOOKING TO EITHER, YOU KNOW, MOVE IN OR, YOU KNOW, UM, OR BUY A HOME IN THE FUTURE.
I THINK THIS IS A GREAT, YOU KNOW, A GOOD WAY FOR, FOR THEM TO BE INTRODUCED TO THE NEIGHBORHOOD.
IT'S A BEAUTIFUL NEIGHBORHOOD.
UM, YOU KNOW, AND CURRENTLY THERE'S UH, THERE'S NOT A LOT OF, UM, OPTIONS FOR A LOT OF PEOPLE TO BUY.
UH, BUT, YOU KNOW, I THINK, YOU KNOW, SOMETHING LIKE THIS, SOMETHING THAT'S NEWLY BUILT, UM, UH, IS IS VERY ATTRACTIVE TO, UH, TO PEOPLE.
THIS IS A ZONING SITE PLAN THAT WE PUT TOGETHER, UM, UH, FOR THE CITY.
THIS I BELIEVE WILL BE, UH, RECORDED WITH THE, UH, CONDITIONAL USE, UM, IF IT'S SUCCESSFUL.
UH, AND ANYTHING THAT IT'S, I GUESS 10% PLUS OR MINUS CHANGE WOULD HAVE TO GO BACK AND HAVE ANY CHANGES.
SO EVEN LIKE THE ORIENTATION OF, OF THESE HOMES, RIGHT? IF WE WANT TO CHANGE IN THE FUTURE, WE WOULD HAVE TO GO BACK TO, UH, STAFF AND GET THAT CHANGE.
SO, YOU KNOW, AGAIN, YOU KNOW, I DO WANNA POINT OUT THAT YES, THESE ARE, UM, UH, FOR RENT, UH, WE ARE, WE, WE PERSONALLY DEVELOP, BUILD AND PROPERTY MANAGE THESE IN SAN ANTONIO.
SO WE HAVE A VARIETY, YOU KNOW, WE HAVE MANY, UH, DUPLEXES IN TOWN THAT WE LEASE.
UH, WE HAVE A VERY GOOD VETTING PROCESS AND A LOT OF IT WE DO IN-HOUSE.
UM, AND, YOU KNOW, MORE THAN HAPPY TO PROVIDE ADDRESSES TO, UH, OUR NEIGHBORS, UH, TO GO AND VISIT IT.
ALRIGHT, DO WE HAVE ANY PUBLIC COMMENT? WE DO.
WE HAVE A MISS RUTH AND VENTURA.
MS. VENTURA, IF YOU WOULD SAY YOUR NAME AND YOUR ADDRESS WHEN YOU GET UP HERE.
DO YOU MIND? THEN I'VE GOT COPIES.
LET ME GET SOME COPIES REAL QUICK.
UM, MY NAME IS RUTH ANN VENTURA.
I ACTUALLY LIVE AT 26 26 WOODBURY, WHICH IS DIRECTLY CATTY CORNER TO THIS PROPERTY.
UM, I'D LIKE TO CLARIFY A FEW THINGS THAT THE GENTLEMAN SAID.
T DEVELOPMENT, THE CONSTRUCTION OF THE HOMES THAT ARE THE DUPLEXES AROUND OUR AREA ARE ALL SINGLE STORY, UH, DUPLEXES.
THEY ARE NOT MULTI-STORY DUPLEXES.
THE APARTMENT COMPLEX ACROSS THE STREET IS ALSO SINGLE AND THEY'VE BEEN THERE MANY, MANY YEARS, EVEN BEFORE I BOUGHT MY PROPERTY THERE.
AND I'VE PAID OFF MY PROPERTY.
SO THEY'VE BEEN THERE QUITE A WHILE.
THE, UH, THE AREA AROUND THE DEVELOPMENT THAT'S BEING PROPOSED IS GENERALLY ALL SINGLE FAMILIES.
WE ALL HAVE, UH, THE MAJORITY OF US HAVE VERY LARGE PROPERTIES AND WE ACTUALLY HAVE A HISTORIC PROPERTY THAT'S SITTING RIGHT NEXT TO THE DEVELOPMENT.
THE, I DON'T KNOW IF YOU GUYS ARE OR YOUR HONORS ARE AWARE OF THE PAPA'S FOUND, THE PAPA'S FARM HOMESTEAD.
IT IS ACTUALLY ON THE CONSERVATION SOCIETY LIST AS HISTORIC RANCH AND FARM DEVELOPMENTS.
IT THAT WAS SUBMITTED IN THE PACKET THAT WE ACTUALLY, UH,
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SENT IN TO THEM.IT ACTUALLY HAD RECOGNITION FROM THE CITY COUNCIL TO CHANGE THE NAME FROM VAN BUREN TO PAPA'S FARM, UH, LANE DUE TO THE HISTORICAL SIGNIFICANCE OF THAT PROPERTY THAT SITS RIGHT NEXT DOOR.
THERE IS ALSO, UM, THAT WE KNOW OF WITHIN THE 200 FOOT ZONE, THERE IS TWO CAPPED WELLS AND THERE IS ONE ACTIVE WELL BEING USED BY THE FAMILY THAT IS RIGHT NEXT DOOR AT PAPA'S FOUND, UM, FOUNDATION, THE GENTLEMAN WHO OWNS THAT WAS NOT ABLE TO BE HERE TODAY BECAUSE OF EXISTING COMMITMENTS OUTSIDE OF TOWN.
AND HE IS VERY MUCH OPPOSED TO IT.
WE HAVE A LOT OF HISTORY IN OUR NEIGHBORHOOD.
WE DON'T HAVE A FAMILY ASSOCIATION BECAUSE WE DON'T WANT ONE.
A LOT OF US, I'M SORRY, THAT'S YOUR TIME.
DIDN'T KNOW I HAD A TIME LIMIT.
TODAY, THE TIME LIMIT WAS TWO MINUTES AND IF PEOPLE WANTED TO GIVE YOU THEIR TIME, THEY COULD HAVE SIGNED UP AND GIVEN YOU THEIR TIME, BUT THAT DID NOT OCCUR.
AND I BELIEVE THE TWO PEOPLE NEXT TO YOU, I SPECIFICALLY ASKED IF THEY WANTED TO SIGN UP.
THEY THOUGHT THEY HAD TO SPEAK.
THEY'RE, THEY'RE VERY, UH, SHY.
WELL, BUT IF YOU LOOK AT A MA'AM, THAT'S YOUR TIME.
AND THAT'S IT FOR THE FOLKS SIGNED IN TO SPEAK ON THIS ITEM.
AYE UM, DO I HAVE TO SAY MY NAME AGAIN? WHAT? DO I HAVE TO SAY MY NAME AGAIN? YOU DO NOT.
AND HOPEFULLY WE CAN COME TO RESOLUTION IN 30 DAYS.
I WOULD SUGGEST THAT YOU REACH OUT SPECIFICALLY RIGHT NOW TO THOSE THREE PEOPLE.
I MEAN, I, I DID WHOEVER GOT THIS, I, IT DOESN'T MATTER WHAT YOU CALL ME.
UH, THIS IS A DISTRICT 10 CASE.
UH, DO YOU WANNA ASK ANY QUESTIONS OR YOU WANNA GO STRAIGHT TO A MOTION? I'LL GO STRAIGHT TO A MOTION.
UH, AND, UH, LET Y'ALL SPEND THE NEXT 30 DAYS WORKING IT OUT.
AND I, AS SAMANTHA SAID, SHE WOULD SET UP SOMETHING AT MARK WHITE'S OFFICE, UH, TO HAVE EVERYBODY COME IN AND TALK ABOUT IT.
UH, SO MY MOTION IS TO MOVE THIS TO, I THINK, WHAT IS THE DATE? JUNE, JULY 7TH? YES.
THERE'S A MOTION FOR A CONTINUANCE TO JULY 7TH FOR ITEM NUMBER 15.
BY COMMISSIONER ELL DISCUSSION.
UH, MOTION IS FOR A CONTINUANCE OF ITEM NUMBER 15 TO JULY 7TH, UH, FOR, UH, BY COMMISSIONER WHITSETT WITH A SECOND BY COMMISSIONER.
LADIES AND GENTLEMEN, YOU'LL BE ABLE TO ADDRESS THE COMMISSION AGAIN, UH, ON JULY 7TH.
UH, WE ARE NOW MOVING ON TO OUR INDIVIDUAL HEARING ITEMS AND WE ARE GOING TO BEGIN WITH ITEM NUMBER ONE.
A GOOD AFTERNOON, COMMISSIONERS.
MY NAME IS FORREST WILSON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER ONE IS LOCATED AT 1 5 5 1 1.
OAK GROVE IS A REQUEST FROM R SIX RESIDENTIAL SINGLE FAMILY DISTRICT TO R 20 CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR FOOD SERVICE ESTABLISHMENT WITH ALL OVERLAYS REMAINING THE SAME 18 NOTICES WERE MAILED, ZERO RECEIVED IN FAVOR, FOUR OPPOSED HILLS AND DALE'S NEIGHBOR ASSOCIATION IS OPPOSED OUTSIDE 200 FEET.
THERE WERE ZERO RECEIVED IN FAVOR AND NINE RECEIVED OPPOSED.
THE SUBJECT PROPERTY IS SITUATED AT THE ENTRANCE OF AN ESTABLISHED R SIX RESIDENTIAL NEIGHBORHOOD.
WHILE RELIGIOUS INSTITUTIONS ARE GENERALLY PERMITTED WITHIN RESIDENTIAL DISTRICTS, THE OPERATIONAL INTENSITY AND PHYSICAL CHARACTERISTICS OF THE REQUESTED USE, UM, NSTITUTE, A COMMERCIAL ENC ENCROACHMENT THAT UNDERMINES THE LOW DENSITY RESIDENTIAL CHARACTER OF THE AREA.
FURTHERMORE, THE INTEGRITY OF THE CITY'S DEVELOPMENT PROCESS RELIES ON CONSISTENT ADHERENCE TO THE UNIFIED DEVELOPMENT CODE.
AND THE SUBJECT PROPERTY HAS ESTABLISHED A DOCUMENTED PATTERN OF NON-COMPLIANCE, INCLUDING A MULTIPLE PERMIT AND ZONING VIOLATIONS DATING BACK TO 2021.
UH, THE HISTORY, UH, OF, OF DISREGARD FOR STANDARD ZONING FOR DEVELOPMENT PROCEDURES SUGGESTS THAT THE REQUESTED USE MAY HAVE DIFFICULTY INTEGRATING INTO THE EXISTING NEIGHBORHOOD WITHOUT COMPROMISING THE SAFETY AND WELFARE OF
[00:30:01]
THE SURROUNDING RESIDENTS.STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT.
IF WE COULD HAVE THE APPLICANT PLEASE.
AND SIR, DID WE NEED SAS AGAIN? OH WAIT, DO WE HAVE, OH, THIS IS YOUR R CT.
WE'RE GONNA HAVE THE SAS REPORT FIRST.
WE'RE STARTING THE NEW REGIME, BUT WE'RE STILL GONNA EXPECT YOU IN THESE CASES WHERE THERE'S A DENIAL.
MIKE ES MIKE ESCALANTE AL AQUIFER PROTECTION AND EVALUATION SECTION.
UH, WE REVIEWED THE ZONING CASE LOCATED AT UH, 1 5 5 1 1 OAK GROVE DRIVE, ALLOWING FOR A FOOD SERVICE ESTABLISHMENT.
THE SITE CONTAINS AN EXISTING RESIDENTIAL HOUSE BUILT IN 1966 ON A 0.53 ACRE LOT.
THE PROPERTY IS CLASSIFIED AS CATEGORY TWO.
THE PROPOSED ZONING CHANGE WILL ALLOW A RES, WELL, A FOOD SERVICE ESTABLISHMENT TO OCCUPY THE EXISTING HOUSE.
THEREFORE NO INCREASE TO THE EXISTING PRAIRIES COVER.
UH, NO PORTION OF THE SITE IS IN A FLOODPLAIN AND NO SENSITIVE GEOLOGIC FEATURES WERE OBSERVED ON SITE.
UH, WE RECOMMEND APPROVING ALL ENVIRONMENTAL RECOMMENDATIONS WITHIN THE SAS REPORT TO INCLUDE NO INCREASE TO THE EXISTING 60% AND PRAIRIES COVER AND THE GREASE TRAP SHOULD BE SERVICED MONTHLY.
NOW THE APPLICANT, I'M SORRY ABOUT THAT AND I KNOW THIS IS YOUR SECOND TIME HERE, BUT IF YOU WOULD, YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
MY NAME IS RABBI AL SHAUL AND THE ADDRESS IS 1 5 5 1 1 OAK GROVE DRIVE, SAN ANTONIO, TEXAS.
AND SO IF YOU WOULD TELL US ABOUT THE PROJECT, UM, AND YOU CAN KEEP IT AS SHORT AS YOU WANT, AS WE KNOW YOU'VE BEEN HERE BEFORE.
I'M IN TOUCH WITH COMMISSIONER KELLY AND I THINK THERE IS A, A STATEMENT THAT, UH, WAS SUPPOSED TO BE MADE.
SO I GUESS I'LL KEEP IT SHORT.
DO WE HAVE ANY PUBLIC COMMENT? WE DO.
WE HAVE A FEW PEOPLE SIGNED UP FOR ITEM ONE.
SO I'LL GO STARTING, UM, FIRST WE HAVE MR. HOWARD HINMAN AND HE IS TO BE FOLLOWED BY KAREN HO.
SORRY, MR. HINMAN BEFORE YOU, DO YOU WANT TO GIVE YOUR TIME? ALRIGHT.
AND WHAT IS YOUR NAME MA'AM? KAREN
ALRIGHT, SO MS. UH, I'M GONNA SAY KAREN, I'M SORRY I COULDN'T QUITE CATCH HER LAST NAME.
KAREN IS GIVING HER TWO MINUTES.
UH, THAT'S GONNA BE FOUR MINUTES FOR YOU MR. MOND.
AND JUST A REMINDER, WHICH I WAS GETTING READY TO DO ANYWAY, UH, IF YOU WANT TO GIVE YOUR TIME, DO IT BEFORE SOMEONE GETS UP HERE.
I LIVE AT 7 5 3 1 HUMMINGBIRD HILL LANE IN HILLS AND DES NEIGHBORHOOD.
I'M ALSO A MEMBER OF THE HILLS AND DES NEIGHBORHOOD ASSOCIATION BOARD AND WE HAVE ALREADY SUBMITTED OUR OPPOSITION TO THIS AND I FULLY SUPPORT THAT.
UH, I'M A DISABLED AMERICAN VETERAN.
MY DAD SERVED 21 YEARS KOREAN WAR ERA WAR VETERAN.
MY BROTHER DIED AS A RESULT OF THE VIETNAM WAR.
AND MY WIFE IS A NURSE PRACTITIONER AT OTTI MURPHY VA HOSPITAL.
UM, SO WE HAVE KIND OF A STRONG THING OF SUPPORTING VETS.
WE HAVE A LOT OF VETERANS IN OUR, IN OUR NEIGHBORHOOD, BY THE WAY.
UM, I'M ALSO A FORMER RESTAURANT OWNER AND I UNDERSTAND WHAT A LAWFUL RESTAURANT REQUIRES, INCLUDING CERTIFICATES OF OCCUPANCY, HEALTH PERMITTING INSPECTIONS, FOOD HANDLING SAFETY, WASTEWATER CONTROL, GREASE CONTROL, PARKING, DELIVERIES, TRASH AND, UH, FIRE CODE COMPLIANCE.
UH, THIS IS WHY I ASK YOU TO FOLLOW YOUR STAFF'S RECOMMENDATION TO DENY THIS REQUEST.
IT'S NOT MERELY AN R SIX TO R 20.
UH, IT'S REALLY ABOUT THEM ESTABLISHING A FOOD SERVICE ESTABLISHMENT.
THE RECORDS SHOW THAT THEY'VE ALREADY BEEN RUNNING THIS FOR AT LEAST TWO YEARS.
UM, THERE HAVE BEEN, UM, THERE WERE THREE INSPECTIONS IN 2024 BY THE METRO HEALTH DEPARTMENT THAT'S IN A PACKET.
I'VE ALSO SUBMITTED AN EVIDENTIARY PACKET, BY THE WAY, ALSO WITH CASE LAW IN IT.
UM, AND DURING THOSE THREE INSPECTIONS, UH, THEY WERE FOUND TO BE RUNNING A RESTAURANT, A PUBLIC RESTAURANT.
UH, THEY HAVE A WEBSITE UP, UH, WHERE THEY SELL FOOD, UH, VIA THE WEB.
AND, UH, THEY HAD PROMISED TO TAKE THAT DOWN.
IT'S NOT BEEN TAKEN DOWN, IT'S STILL ACTIVE.
AND THE METRO HEALTH DEPARTMENT ORDERED THEM TO STOP SELLING FOOD AND TO, UM, GET IN COMPLIANCE, GET PERMITS, PROPER CERTIFICATE OF OCCUPANCY.
UH, MR. SHAW, WHO WAS JUST UP HERE, THE RABBI SHAW, UH, HAS DONE BUSINESS UNDER THE ENTITY NAMED SMOKE TO LIVE AND LATER SMOKE TO LIVE 2012 BECAUSE THE STATE OF TEXAS SHUT DOWN SMOKE TO LIVE INVOLUNTARILY.
UH, THAT VAPE SHOP HAS BEEN WARNED BY THE FDA THAT'S IN MY PACKET, BY THE WAY, FOR SELLING, UH, MISLABELING
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AND SELLING TOBACCO PRODUCTS TO MINORS.UM, HE'S BEEN ARRESTED FOR CRIMINAL MISCHIEF IN OUR NEIGHBORHOOD FOR TRESPASSING ON A NEIGHBOR'S PROPERTY AND CUTTING DOWN APPROXIMATELY 50 TREES.
UH, THEY OWN 52 PROPERTIES AROUND THE AREA THAT THEY HAVE AIRBNB, INCLUDING AT LEAST FIVE IN OUR NEIGHBORHOOD.
ONE OF THOSE IS NEXT DOOR TO ME.
AND WE HAD APPROXIMATELY A HUNDRED TO 200 PEOPLE THERE ON MAY 15TH FOR A RAVE.
THERE WAS A FIGHT IN OUR STREET IN FRONT OF OUR HOUSE.
UH, THEY WERE CITED FOR ALCOHOL VIOLATIONS.
WE'VE HAD THIS PROBLEM WITH THIS PROPERTY, UM, FOR THE TWO YEARS, UH, THAT THEY'VE OWNED THIS PROPERTY.
UM, THE LADY SITTING NEXT TO ME WHO GAVE HER TIME, KAREN, UH, SHE HAS A SIMILAR PROPERTY ACROSS FROM HER AND THEY'VE BEEN HAVING SIMILAR KINDS OF ISSUES, UH, ON THE PROPERTY NEXT TO US.
THE SAN ANTONIO POLICE DEPARTMENT HAVE 35 INCIDENTS REPORTED IN A TWO YEAR PERIOD.
UM, REASON I'M BRINGING THIS UP IS NOT TO NECESSARILY IMPEACH MR. SHAO, BUT WHAT WE HAVE HERE, AND AGAIN, I HAVE ALL THESE EVIDENTIARY ITEMS IN THE PACKET THAT I'VE SUBMITTED.
UM, AND BY THE WAY, THERE ARE SIGN, THE REZONING SIGN HAS BEEN LAYING FLAT ON THE GROUND FACE DOWN FOR THE LAST SEVERAL DAYS, BY THE WAY.
AND I HAVE PICTURES OF THAT AS WELL IN MY EVIDENTIARY PACKET.
BUT THEY'VE NOT COMPLIED AT FEDERAL LEVELS, STATE LEVELS, LOCAL LEVELS, AND THEY'VE CAUSED A LOT OF DISRUPTION IN OUR NEIGHBORHOOD, UNFORTUNATELY, AND THEY'VE BEEN RUNNING THIS BUSINESS.
SO THIS IS KIND OF A DON'T ASK FOR PERMISSION, ASK FOR FORGIVENESS AND TRUST US TYPE OF SITUATION.
AND I THINK THAT YOUR STAFF HAS MADE THE APPROPRIATE RECOMMENDATION TO DENY THIS.
NEXT WE HAVE MS. MAUREEN MOTEN TO BE FOLLOWED BY MR. MARK KINCADE.
MARK KINCADE IS GIVING HIS TIME TO MS. MOTEN, CONNOR MOULTON.
AND CONNOR MOULTON IS GIVING HIS TIME TO MS. MOLTEN TOO.
I JUST HAD A QUESTION 'CAUSE WE, WE HAD TWO CONNOR MOTEN, SO ARE THERE TWO? JUST ONE.
OR IT'S YOUR EVIL TWIN CONNOR.
YOUR EVIL IDENTICALLY NAMED TWIN.
SO YOU, MS. MOLTEN, I'M SORRY.
YOU WILL HAVE SIX MINUTES IF YOU WOULD INTRODUCE YOURSELF AND TELL US YOUR ADDRESS AND THEN GIVE US YOUR THOUGHTS.
I'M GONNA READ, BECAUSE I GET NERVOUS HERE.
I LIVE AT 1 5 5 3 0 OAK GROVE.
UM, AGAIN, MY NAME IS MAUREEN MOULTON.
I'VE LIVED IN THIS NEIGHBORHOOD SINCE 1969.
UM, I DON'T FEEL LIKE THIS IS A RELIGIOUS, UH, OPPOSITION TO THE JEWISH COMMUNITY.
I'VE LIVED IN THIS NEIGHBORHOOD FOR A VERY LONG TIME AND I'VE NEVER MADE ANY COMPLAINTS ABOUT THE PARKING OR ANYTHING ELSE.
UH, BUT HILLSDALE'S HAS A VOLUNTARY HOA MEANING WE RELY HEAVILY ON THE CITY ZONING PROTECTIONS BECAUSE WE DO NOT HAVE ENFORCEMENT AUTHORITY WITHIN OUR, WE DON'T HAVE A MANDATORY HOA.
THAT'S WHY THE ROLE OF THE COMMISSION IS SO IMPORTANT TO OUR NEIGHBORHOODS.
UH, CITY STAFF HAS REVIEWED, REVIEWED THIS CASE MULTIPLE TIMES AND RECOMMENDED DENIAL AT THIS MEET LAST MEETING, MANY RESIDENTS LEFT FEELING THAT THE FOCUS SHIFTED TOWARD COMPROMISE RATHER THAN WHETHER THE ZONING REQUEST IS ACTUALLY APPROPRIATE FOR THE RESIDENTIAL NEIGHBORHOOD.
I RESPECTFULLY ASKED THE COMMISSION TO FOCUS ON COMPATIBILITY, ZONING STANDARDS AND THE LONG TERM PRESIDENT.
THAT DECISION CREATES THE NEIGHBORHOOD RESPONSE HAS BEEN OVERWHELMING AGAINST THE REZONING.
THE PROPERTY IS ALREADY PUBLICLY ADVERTISED AS YUMMY KOSHER GRILL WITH DINE-IN TAKEOUT DELIVERY SURFACES AVAILABLE TO THE GENERAL PUBLIC.
THIS DEMONSTRATES THAT THE COMMERCIAL RESTAURANT ACTIVITY HAS ALREADY BEEN OCCURRING IN THE RESIDENTIAL AREA FOR YEARS.
THE NEIGHBOR'S REGULARLY EXPERIENCED PARKING CONGESTION DELIVERY VEHICLES, BLOCKING TRAFFIC, OVERFLOW EVENT PARKING NOISE, AND REDUCED ROADWAY ACCESS FOR EMERGENCY VEHICLES.
A GROVE DRIVE WAS NEVER CON DESIGNED TO SUPPORT COMMERCIAL TRAFFIC, RESTAURANT TRAFFIC.
THERE ARE ALSO CONTINUING CONCERNS INVOLVING CO COMPLIANCE, ENVIRONMENTAL PERMITTING, INCLUDING THE BEARER COUNTY ENVIRONMENTAL SERVICES CASE INVOLVING AN ALLEGED UNLICENSED SEWAGE FACILITY TIED TO THE PROPERTY, WHICH I HAVE THE EVIDENCE.
REGARDLESS OF THE OUTCOME, THESE CONCERNS ADD TO THE LARGER ISSUE OF YEARS OF ONGOING NON-COMPLIANCE.
I ALSO BELIEVE IT IS IMPORTANT TO NOTE THAT EVEN NEARBY COMMERCIAL ZONING, THE RETAIL CENTER RIGHT ACROSS THE STREET FROM THEM, PLACED RESTRICTIONS ON THE FOOD PREPARATION AND RESTAURANT USE BECAUSE OF CONCERNS RELATED TO PARKING, TRAFFIC AND OPERATIONAL IMPACT.
AND I HAVE THAT CONDITIONAL USE APPROVE APPROVING.
THIS WOULD, UH, REWARD YEARS OF NON-COMPLIANCE AND CREATE A DANGEROUS PRECEDENCE.
I ALSO FEEL LIKE THIS IS PITTING NEIGHBOR AGAINST NEIGHBOR AND THAT'S NOT WHAT WE WANT.
UM, THIS IS A SYNAGOGUE AND WE'VE ALWAYS WELCOMED THEM OPENLY IN THE NEIGHBORHOOD.
AND WE'RE JUST SAYING THAT A CONDITIONAL USE OR A REZONING, IF YOU'RE RUNNING
[00:40:01]
A SYNAGOGUE, YOU DON'T NEED THAT.IT, IT'S, YOU CAN GO ANYWHERE, RIGHT? AS A RES, AS A CHURCH OF SOME SORT.
SO WHY ARE THEY GIVEN A CONDITIONAL USE WHEN THE PERMITTING AND OTHER OPTIONS, UM, THE CITY IS ASKING THEM TO DO IT SO THEY CAN CONTINUE TO THE USE THAT HAS BEEN RESTRICTED.
NEXT, NEXT WE HAVE, UH, JAY SALAZAR AFTERNOON.
I LIVE AT 7 3 1 5 GREEN GLEN DRIVE.
I AM THE FURTHEST TO THE LEFT PROPERTY ON THAT MAP THERE.
MY ENTIRE PROPERTY IS WITHIN 200 FEET OF THE CORNER OF THE SYNAGOGUE.
NOW, I HAVE NO ISSUE THAT THERE'S A SYNAGOGUE AT THIS CORNER.
THE ISSUE IS THAT IT NOW HAS TO BE DETERMINED TO BE A COMMERCIAL PROPERTY, WHICH I, I MUST DISAGREE TO.
AND CONSIDERING THE REST OF THE NEIGHBORS WHO HAVE NO VOICE, SINCE THEY ARE NOT WITHIN 200 FEET OF THE PROPERTY, UM, THE CONSIST THE CONSORTIUM, MOST EVERYONE AGREES THAT THIS SHOULD NOT BE A COMMERCIAL PROPERTY REGARDLESS OF WHATEVER OR WHOEVER OWNS IT OR WHAT'S GOING ON THERE.
AND THE REASON THAT IS ALL RESIDENTIAL, IT HAS BEEN AND SHOULD CONTINUE TO BE SIMPLY RESIDENTIAL.
NOW, IF THEY WANT TO START A BUSINESS, THIS ISN'T THE CORNER THAT IT SHOULD HAPPEN AT, AT LEAST NOT WITHIN 200 FEET, 100 FEET OF MY PROPERTY.
OR IF YOU WILL, IF YOU ARE CONSIDERING GIVING WHOEVER OWNS THIS PROPERTY THE RIGHT TO HAVE IT AS COMMERCIAL, THEN I WOULD NEED TO FIND OUT HOW I CAN TURN MY PROPERTY INTO A PARKING LOT AND TURN IT INTO VALET PARKING FOR WHOEVER OWNS THE PROPERTY.
SO THAT, THAT SAID, I WOULD HAVE TO EXPRESS HEARTFELT, UH, ANXIETY THAT I HAVE TO SAY NO, BUT I WOULD HAVE TO DECLINE.
UH, EVEN IF YOU DON'T LIVE WITHIN 200 FEET, WE STILL REGISTER YOUR OPPOSITION.
WE STILL TAKE INTO ACCOUNT AND YOU CAN STILL SPEAK TO THIS COMMISSION.
NEXT, NEXT WE HAVE MR. PAUL DOKO, AND HE'S TO BE FOLLOWED BY JOHN MARSHALL.
I AM THE NEIGHBOR WHO LIVES RIGHT NEXT DOOR TO THE, TO THE PROPERTY IN QUESTION.
UM, I'VE ALREADY SPOKEN, UH, AT, AT, AT THE PREVIOUS HEARING AND I I WANTED TO STRESS THAT.
UM, UM, I AM, I AM, I AM VERY MUCH OPPOSED.
UH, THIS IS A, UH, I'M NOT OPPOSED TO THIS BEING A, A SYNAGOGUE.
UM, I'M, I'M OPPOSED TO THE USE OF OF THE PROPERTY AS I HAVE OBSERVED IT, UM, FROM, FROM A, FROM A VERY CLOSE PROXIMITY, UM, SINCE THE PROPERTY, UM, WAS, WAS PURCHASED IN 2019, I'VE LIVED AT, UH, AT, AT MY HOUSE FOR OVER 21 YEARS.
UM, THE, SINCE THE PROPERTY WAS, WAS PURCHASED, IT, UH, AMONG OTHER THINGS, IT IT HAS BEEN USED AS, UM, AS, AS A PARTY AREA.
THE COMMUNITY IS, IS INVITED, UH, AND THERE ARE, IT'S, IT, IT'S A SMALL HOUSE.
IF YOU CAN IMAGINE 50 OR MORE PEOPLE COULD NOT FIT INSIDE THE HOUSE.
THE ONLY AREA FOR ENTERTAINMENT IS THE BACKYARD, WHICH HAPPENS TO BE, UM, ABOUT 20 FEET AWAY FROM MY BEDROOM.
THERE'S, THERE ARE LARGE, UH, LARGE SPEAKERS, LIVE CONCERTS AND DJS.
UM, THE, THE FACT THAT THE PROPERTY WAS IN A RESIDENTIAL AREA ALLOWED ME TO PETITION THE, UH, THE CITY COUNCIL AND,
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UM, AND TO PROVIDE EVIDENCE OF WHAT IS HAPPENING AND, AND TO INFLUENCE, UH, THE F THE FREQUENCY OF, OF THE PARTIES.UM, AND, AND THE NOISE LEVEL, THE, THE SOUND LEVEL.
UH, IF THERE IS ANY KIND OF COMPROMISE REACHED AND, AND THE PROPERTIES GRANTED COMMERCIAL PRIVILEGES, UH, A RESTAURANT, UH, MAY, MAY EASILY ABUSE THE PERMISSION AND SAY, WELL, WE ARE JUST ENTERTAINING OUR, OUR GUESTS IN THE BACK.
AND SO WE'RE, WE'RE, WE MIGHT HAVE, UM, UH, WHICH, WHICH WOULD MAKE IT IMPOSSIBLE TO, TO LIVE IN AND, AND ALSO, UH, UH, NEGATIVELY AFFECT, REDUCE THE MARKET VALUE OF MY RESIDENTIAL PROPERTY NEXT TO A NEWLY COMMERCIAL AREA.
UM, I, UM, I I ALSO WANTED TO SAY THAT, UH, MR. SCHAAL, UH, AT THE, AT, AT THE BE, UM, EITHER AT THE END OF 2022 OR 2023 WHEN HE MOVED OUT OF THE HOUSE, TOLD ME THAT HE WOULD LIKE TO CONVERT THIS TO A RESTAURANT.
SO THIS IS NOT TRUE THAT IT'S UNDER THE CITY, UNDER THE CITY PRESSURE.
YOU ARE, YOU ARE, UH, YOU ARE FORCED TO SEEK THE COMMERCIAL ZONING SIMPLY TO FUNCTION AS, AS, AS A SYNAGOGUE, AGAIN, AS A SYNAGOGUE DOES NOT NEED A COMMERCIAL ZONING TO PREPARE AND, AND, AND FEED THE MEMBERS OF, OF, OF THE CONGREGATION.
THAT'S IT FOR PUBLIC COMMENT ON ITEM ONE.
UH, UL IF YOU'D LIKE SOME MORE TIME FOR REBUTTAL? NO.
ALRIGHT, THIS IS A DISTRICT EIGHT CASE, SO COMMISSIONER KELLY TO YOU FOR QUESTIONS.
UH, IF I COULD HAVE THE APPLICANT COME UP, PLEASE.
UH, RABBI, UH, TALL, I HAVE A FEW QUESTIONS AND I'LL TRY TO MOVE THROUGH THESE FAIRLY QUICKLY, BUT I HAVE A FEW QUESTIONS.
WANT TO TRY TO MAKE SURE WE'RE ALL ON THE SAME PAGE HERE.
SO YOU'VE HEARD THE CONCERNS AND COMPLAINTS ABOUT THE POSSIBLE OPERATION OF A COMMERCIAL RESTAURANT IN THAT LOCATION.
SO I CAME TO YOUR PROPERTY TO THE SYNAGOGUE, UH, ON APRIL THE 13TH AND ON MAY THE 18TH.
AND BOTH TIMES I WAS THERE DURING THE NOON, WHAT I'D CALL THE NOON HOUR PERIOD.
I THINK THE FIRST TIME I CAME AROUND 1130, THE SECOND TIME WAS CLOSER TO ONE O'CLOCK.
IN BOTH CASES I SAW, UM, I THINK YOU HAD MAYBE, I'M GONNA GUESS ABOUT EIGHT TABLES SET UP IN YOUR MEETING AND, UH, DINING AREA.
I THINK THERE WAS MAYBE PEOPLE AT ONE OF THE TABLES, UH, THE FIRST TIME AND MAYBE AT TWO OF THE TABLES THE SECOND TIME.
SO I WOULD HAVE A, A QUESTION.
WHAT, UH, HOW MUCH PROFIT, OR LET ME, LET ME REPHRASE THAT.
IN AN AVERAGE MONTH, DO YOU MAKE A PROFIT OFF THE FOODS THAT YOU SERVE OR FOR TAKEOUT OR SERVING IN THE LOCATION? IN THE LAST, UH, HEARING ONE OF MY COLLEAGUES, I THINK, UH, HE EXPLAINED THAT, UH, WE DON'T MAKE ANY MONEY.
I JUST WANTED TO CONFIRM THAT.
SO I, I THOUGHT THAT WAS MY UNDERSTANDING.
SO, UM, SO AS FAR AS THE GENERAL PUBLIC COMING TO THAT FACILITY TO GET FOOD, UM, HOW MANY, HOW MUCH, UM, HOW MANY TIMES DO YOU HAVE CUSTOMERS THAT ARE JUST GENERAL PUBLIC THAT ARE INTERESTED IN COMING IN TO GET MAYBE SOME SAMPLING OF HEBREW FOOD? UM, WE, WE WERE BEFORE THE, WE SPOKE, UH, AVAILABLE ON GOOGLE, SO WE HAD VERY MINOR PERCENTAGE OF THE GENERAL PUBLIC THAT CAME IN AND CHOOSE TO PAY THREE TIME THE COST OF REGULAR FOOD THAN THEY CAN FIND ANYWHERE ELSE.
SO IT'S MOSTLY, MOSTLY I'D SAY 90 PER 95% THAT OF THE PEOPLE THAT WALKING IN OUR COMMUNITY AND
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WE WANT TO KEEP IT THAT WAY.IS IT CORRECT, WHEN I WAS THERE I OBSERVED THAT THERE'S A, A FENCE AROUND THE ENTIRE PROPERTY AND THERE'S A, UH, AN ELECTRONIC GATE TO COME IN, IN THE FRONT.
UH, IS IT CORRECT THAT SOMEONE HAS TO EITHER BE A KNOWN CONGREGANT OR HAVE CALLED IN ADVANCE TO, UH, ALLOW ENTRY INTO THE FIRST GATE? AS YOU SAID, THERE IS FENCE AND THERE IS TWO GATES YES.
THAT YOU HAVE TO ENTER THERE? THEY BOTH HAVE A CODE.
AND WE DON'T HAVE ANY, THERE IS NO CLUE ON HOW TO GET IN.
SO, FAIR TO SAY, A LITTLE TRADITIONAL FOR A NORMAL RESTAURANT TO MAKE IT THAT DIFFICULT FOR SOMEBODY TO WALK IN AND, AND GET A MEAL.
IS THAT ACCURATE? I WOULD AGREE.
2023, THE RECORDS INDICATE THAT YOU AND YOUR WIFE SOLD THE PROPERTY, UH, TRANSFERRED OWNERSHIP, UH, BY SPECIAL WARRANTY DEED TO THE AWA ISRAELI CENTER OF SAN ANTONIO.
SO FROM THAT POINT FORWARD, Y'ALL WERE AN OFFICIAL RELIGIOUS INSTITUTION, UH, CORRECT.
UM, DO YOU HAVE AN APPROXIMATE IDEA WHEN THE CITY INSPECTOR FIRST MADE A DETERMINATION THAT YOU WERE OPERATING A COMMERCIAL RESTAURANT? WAS IT, WAS IT, I DON'T RECALL, BUT SINCE THEN WE HAVE A, A WEEKLY VISIT FROM A CITY INSPECTOR.
WAS DO YOU THINK THE FIRST VISIT WAS BEFORE OR AFTER Y'ALL TRANSFERRED OWNERSHIP TO THE SYNAGOGUE? SORRY, I DON'T REMEMBER.
YOU DON'T REMEMBER THAT? OKAY.
AT WHAT POINT DID A CITY TRAFFIC ENGINEER COME AND OR REQUIRE Y'ALL TO LOOK AT YOUR PARKING, THE ON STREET PARKING, TRY TO DETERMINE IF THERE'S A WAY FOR YOU TO CREATE SOME OFF STREET PARKING.
WHEN WE WAS, WHEN WE WERE RECOMMENDED BY THE CITY TO CHANGE THE ZONING, THAT'S WHEN WE START TO WORK ON THE PARKING.
SO THAT THERE WAS NO, AND AT THIS POINT, I THINK, IF I'M CORRECT, UH, THE PARKING THAT YOU DO HAVE IS ON THE EDGE OF CITY PROPERTY.
YOU'VE CREATED SOME, UH, GRAVEL AREA.
SO IT'S PERVIOUS COVER, BUT IT'S ON THE EDGE OF THE STREET AND IT ALLOWS PARKING IN FRONT OF YOUR FACILITY.
IT'S ABOUT HOW MANY VEHICLES WOULD YOU SAY COULD PARK THERE? I THINK THE, THE ENGINEER WAS WORKING WITH THE CITY ON GETTING 19 PARKING.
I THINK THAT WAS THE REQUIREMENT FOR THE R 20.
SO EITHER 19 OR 17 BECAUSE THERE WOULD BE A VARIOUS BUT ABOUT OKAY.
SO THAT, THAT WOULD BE DESIRABLE, BUT THAT'S REALLY, THERE'S NOT REALLY ROOM FOR THAT MANY VEHICLES IN FRONT OF YOUR FACILITY.
IS THERE? I CAN, YOU CAN SEE IT.
UH, IT JUST SEEMS TO ME LIKE MAYBE WE'RE LOOKING AT 10 OR 12 AT MOST, BUT MAYBE I'M, I MAY NOT BE CORRECT.
SO JUST TO BE SURE THAT WE'RE ALL ON THE SAME PAGE HERE, UM, A STAFF PERSON WITH A CITY RECOMMENDED THE R 20, UH, REZONING TO YOU, IS THAT RIGHT? WITH SPECIAL USE FOR A FOOD SERVICE FACILITY? I WOULDN'T CALL HIM JUST A STAFF MEMBER.
THE TOP STAFF MEMBER, MIKE SHANNON, WHO WAS THE DIRECTOR OF THIS BUILDING, CAME TO VISIT AND RECOMMEND US TO GO TO R 20 CONDITIONAL USE.
IT WAS A, A LOT OF EXPENSE INVOLVED, A LOT OF ENERGY AND TIME WAS INVESTED.
UM, AND THAT'S WHY WE START THIS PROCESS.
UM, COMMENTS WERE MADE EARLIER ABOUT Y'ALL HAVING ADVERTISED, UM, FOR FOOD SERVICE FACILITY.
THAT, AND GOOGLE, I, I KNOW I HAD LOOKED ON GOOGLE MAPS SOMETIME BACK AND Y'ALL HAD A, I THINK YUM, YUMMY KOSHER FOOD ADVERTISED UNDERSTANDING.
MY UNDERSTANDING IS YOU HAVE CHANGED THAT MORE ACCURATELY REFLECT WE DID, WE DID, WE DID CHANGE THE YUMMY TO ISRAELI HABAD KOSHER KITCHEN IN ORDER TO GIVE MORE OF A UNDERSTANDING FOR PEOPLE GOING ON THIS LISTING, UNDERSTANDING THAT IT'S VERY UNIQUE TO THE HABAD SO OTHER PEOPLE KNOW HABAD.
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IT'S THE BIGGEST JEWISH MOVEMENT TODAY.AND WE EVEN MADE ANOTHER STEP THAT YOU'LL HAVE TO DO AFTER HITTING THE LISTING THAT YOU'LL HAVE TO GO TO OUR WEBSITE THAT OF COURSE REPRESENTING THE COMMUNITY, THE SYNAGOGUE AND CHURCH TO, IF SOMEBODY DOESN'T AND ONLY THEN YOU CAN, UH, UM, ORDER FOOD.
SO WE TRY TO MAKE IT AND EVEN WE PUT IN A PARAGRAPH EXPLANATION THAT IT'S A VERY, UM, EXCLUSIVE FOR THE JEWISH COMMUNITY.
I THINK THAT'S ALL MY QUESTIONS.
ALRIGHT, THANK YOU COMMISSIONER KELLY.
UH, WE'RE GONNA OPEN UP TO OTHER COMMISSIONERS.
TO MY LEFT COMMISSIONERS, UH, COMMISSIONER SIPES.
I GUESS THIS IS A QUESTION FOR THE, FOR THE APPLICANT.
UM, SO I CURRENTLY SEE THAT THERE'S STILL, UM, WHEN, WHEN WAS THE, WHEN WAS THE RESTAURANT NAME OR WHEN WAS THE NAME CHANGED? YUMMY.
SEVEN 70 WHEN THE NAME WAS CHANGED ABOUT UNTIL A WEEK AGO.
BECAUSE I SEE THAT THERE'S STILL A YELP LISTING THAT'S AS IT'S CLAIMED BY THE OWNER.
UM, UH, AND THERE'S STILL YELP REVIEWS, WHICH TO ME INDICATE, YOU KNOW, UM, BUT THAT'S DISCUSSION.
SO IT WAS JUST RECENTLY CHANGED THEN.
ALRIGHT, I THINK THAT'S ALL THE QUESTIONS I HAVE.
COMMISSIONER SIPES, UH, COMMISSIONERS TO MY LEFT.
MICROPHONE, YOU MIGHT STAY UP.
COMMISSIONER WHATSUP MICROPHONE.
COULD YOU JUST EXCUSE
JUST PASS THAT OUT TO EACH OF THE, UH, AND KEEP ONE FOR YOURSELF THERE.
SO I, COMMISSIONER KELLY POINTED OUT ONE OF THE THINGS THAT I WAS GONNA QUESTION, UH, ABOUT ALL THE CODE AND PERMITTING HISTORY AND IT TALKS ABOUT VIOLATIONS AND ALL THESE THINGS THAT HAD BEEN GOING ON.
I, I THOUGHT, WELL, I, I WANNA SEE WHAT THESE VIOLATIONS WERE.
SO I WENT ONTO THE CITY SYSTEM AND FOUND A LOT OF THIS STUFF.
THE MAJORITY, IF NOT ALL OF THEM, HAVE BEEN CLOSED.
NO INDICATION OF REAL VIOLATIONS.
AND THERE'S SOME PENDING THINGS RIGHT NOW, WHICH HAS TO DO WITH THE ZONING ISSUE.
UH, THAT'S PENDING AT THE MOMENT.
BUT IN 2023 WHEN IT CONVERTED TO, UH, THE SYNAGOGUE SHOULD NOT AT THAT POINT, ALL PREVIOUS REFERENCE TO ANY KIND OF VIOLATIONS GONE AWAY BECAUSE YOU HAVE A NEW OWNER.
UH, IT SEEMS THAT THERE'S BEEN, UH, KIND OF CONTINUANCE OF PAST VIOLATIONS ASCRIBED TO THE SYNAGOGUE NOW.
UH, WE DO HAVE A CO COMPLIANCE OFFICER, UM, BUT I'M NOT SURE IF THAT'S NOT A QUESTION FOR THE CITY ATTORNEY'S OFFICE.
UH, GIVEN THE CHANGE IN OWNERSHIP, GIVE US JUST A SECOND TO PULL UP THE RECORDS AND TAKE A LOOK AT IT.
THAT'S THE POINT OF, UH, CLARIFICATION.
THE INFORMATION WE JUST RECEIVED THIS PROVIDED BY WHOM IS PROVIDED BY COMMISSIONER TSET.
AND IT JUST CAME FROM THE CITY'S OWN RECORDS.
MR. MR. ANA, CAN YOU, UH, JUST GO AHEAD AND DID YOU HAND A COPY OF THAT OVER? OH, THANK YOU SO MUCH.
UH, COMMISSIONER TSET, WHILE WE WAIT, WHILE I'M WAITING ON THEM, LET ME ASK.
DID THE, UH, CITY EVER OFFICIALLY RECOGNIZE THAT Y'ALL BECAME A SYNAGOGUE? UH, DID THEY ACKNOWLEDGE THAT OR DID THEY WERE, Y'ALL WERE IN VIOLATION, I GUESS TECHNICALLY WHEN YOU WERE THE INDIVIDUAL OWNERS AND THAT SEEMS THAT THAT SHOULD HAVE BEEN PURSUED.
BUT ONCE YOU BECAME A SYNAGOGUE, DID, DID THEY CONTINUE TO CONSIDER YOU AS INDIVIDUAL AS A RESTAURANT? 'CAUSE ONCE YOU'RE A SYNAGOGUE, TECHNICALLY ALL THESE THINGS WOULD GO AWAY.
IS THAT NOT CORRECT? AS I SAID, I'M NOT, I DON'T HAVE A LOT OF UH, UH,
WEEKLY VISITS, WEEKLY, BIWEEKLY.
IT'S, UH, FOR LUNCH
A LOT OF THEM AS YOU CAN PROBABLY FIGURE OUT.
[01:00:01]
ALRIGHT, AND COMMISSIONER, WHAT'S UP? WE'RE STILL WAITING FOR, FOR, LET ME, LET ME, WHILE WE'RE GOING FOR AN ANSWER, BUT WE DO HAVE A CO COMPLIANCE OFFICER HERE AS WELL, AND SHE'S WORKING ON IT.I FORCE, THIS MAY BE FOR YOU, I DON'T KNOW EXACTLY WHO, BUT IT SAYS, STAFF REPORT SAYS RELIGIOUS INSTITUTIONS ARE GENERALLY PERMITTED AND THEN MAKES THEN Y'ALL MAKE AN EXCEPTION FOR THIS ONE BASED UPON OPERATIONAL INTENSITY.
UH, THERE'S NO OCCUPANCY COUNT, NO TRAFFIC STUDY, NOTHING MEASURING.
I MEAN, IF IT'S A RELIGIOUS INSTITUTION, IT'S A RELIGIOUS INSTITUTION.
WHY IS THERE, UH, EXTRA SCRUTINY OVER THE INTENSITY OF USE ON THIS ONE VERSUS INTENSITIES ON OTHER ONES AROUND TOWN? YEAH, SO IN THIS CASE, THE, THE BUILDING OFFICIAL DETERMINED IT WAS, UH, THE USE WAS A RESTAURANT.
AND SO IT WAS THAT, THAT WAS THE DETERMINATION.
SO HE'S SAYING IT'S NOT A SYNAGOGUE PER THE LEGAL OWNERSHIP.
SO LET, LET ME JUMP IN ON THIS ONE.
BEING A RELI, A RELIGIOUS INSTITUTION DOES NOT GRANT CARTE BLANCHE TO DO WHATEVER YOU WANT TO DO.
SO WHEN THE BUILDING OFFICIAL VISITED THIS PROPERTY, AFTER RECEIVING MANY COMPLAINTS FROM THE NEIGHBORS AND WE'RE PULLING UP THE LIST THAT YOU PROVIDED US, SOME OF THOSE WERE CLOSED CASES BECAUSE A SHIPPING CONTAINER WAS LOCATED ON SITE.
IT WAS CLOSED BECAUSE THE SHIPPING CONTAINER WAS REMOVED.
WHEN THE BUILDING OFFICIAL VISITED THIS SITE, WE VISITED WHAT WAS CLEARLY BUILT AS A SINGLE FAMILY HOME IN A SINGLE FAMILY COMMUNITY.
THE BUILDING OFFICIAL OBSERVED THAT THE VAST MAJORITY OF SQUARE FOOTAGE IS A COMMERCIAL KITCHEN OR A DINING ROOM.
AND IN HIS CAPACITY, AS THE BUILDING OFFICIAL MADE THE DETERMINATION THAT THE PRIMARY USE OF THIS PROPERTY WAS A FOOD SERVICE ESTABLISHMENT.
HE ADVISED THEM THAT IF THEY WISH TO CONTINUE OPERATING THAT WAY, THEY WOULD NEED THE CHANGE OF ZONING.
THAT IS WHY THE DECISION WAS MADE.
AND I WILL ALSO JUMP IN FROM THE CITY ATTORNEY'S OFFICE PERSPECTIVE, WHETHER SOMETHING IS OR IS NOT A RELIGIOUS USE IS BASED ON THE ACTUAL CASE BY CASE BASIS.
AND SO AN ANALYSIS IS DONE ON A CASE BY CASE BASIS.
OWNERSHIP ALONE DOES NOT DETERMINE WHETHER SOMETHING IS AN, IS CONSIDERED TO BE A RELIGIOUS USE.
THERE ARE A LOT OF RELIGIOUS ORGANIZATIONS THAT OWN PROPERTY THAT THEY MAY OR MAY NOT BE USING FOR RELIGIOUS PURPOSES.
DO Y'ALL HAVE A COPY OF THAT CASE? UH, THAT HIS DETERMINATION AND WHEN IT, WHEN IT OCCURRED, IT, IT'S NOT A SINGLE CASE.
THERE ARE MANY, MANY CASES RELATED TO RELIGIOUS USES.
NO SPECI SPECIFICALLY ABOUT THIS PROPERTY THAT, UH, SHANNON, MR. SHANNON, UH, DETERMINED AT WHAT YEAR DID HE MAKE THE DECISION? I'M SURE THAT THERE ARE SOME CITY RECORDS.
IF, IF I CAN, TO ANSWER THE INITIAL QUESTION, THAT'S WHERE I WAS GONNA GO.
THE FIRST CLOSED CASE WAS FOR A SHIPPING CONTAINER.
THE CASE WAS CLOSED BECAUSE THAT WAS RESOLVED.
THE SECOND INVESTIGATION WAS DUE TO A LACK OF AN ELECTRIC PERMIT THAT WAS CLOSED BECAUSE AN ELECTRIC PERMIT WAS OBTAINED.
UH, THE THIRD ITEM WAS REFERRED TO THE PENDING CASE BEFORE THE COURTS.
UH, THE FOURTH CASE WAS FOR A COMPLAINT FOR A DUMPSTER ON THE PROPERTY THAT WAS RESOLVED.
THE COD ITEM IS NOT A CODE ENFORCEMENT CASE.
AND THEN THE VERY LAST ITEM ON THIS LIST, THE I-N-V-P-B-P DASH 23, THAT WAS FOR A FENCE BEING BUILT WITHOUT A PERMIT AND THEN A FENCE PERMIT WAS OBTAINED.
THOSE WERE THE INDIVIDUAL OWNERSHIP PRIOR TO THE CHURCH ACTUALLY TAKING OWNERSHIP.
I, I DON'T KNOW WHO WAS THE OWNER AT THE TIME.
WE COULD PULL UP THE BCA RECORD, BUT OWNERSHIP WOULD NOT NEGATE THE REQUIREMENT TO OBTAIN ANY OF THOSE PERMITS.
I AGREE WITH YOU, BUT I'M JUST SAYING THAT ONCE IT BECAME THE SYNAGOGUE, THOSE ARE NO LONGER APPLICABLE TO THE SYNAGOGUE'S ISSUES.
IF YOU, IF YOU PURCHASE A PROPERTY WITH CODE ENFORCEMENT CASES PENDING AGAINST IT, YOU INHERIT THOSE CODE ENFORCEMENT CASES PENDING AGAINST IT.
IF WE KNOW THERE'S A HUNDRED PROBLEMS WITH A PROPERTY, WE DON'T PRETEND THAT THEY ALL WENT AWAY JUST BECAUSE THE PROPERTY WAS SOLD.
LET, UH, PASS ON ANY QUESTIONS AT THE MOMENT? OKAY.
UH, COMMISSIONER DOBEL TO YOU FOR QUESTIONS? YEAH.
UH, TO, TO STAFF TO, DID I CORRECTLY HEAR THAT THE, UM, CODE ENFORCEMENT OFFICER MADE THE DETERMINATION THAT THE PRIMARY USE WAS A FOOD SERVICE ESTABLISHMENT? DID I
[01:05:01]
HEAR CORRECTLY? NOT THE CODE ENFORCEMENT OFFICER, THE BUILDING OFFICIAL FOR THE CITY OF SAN ANTONIO.AND WHAT, UH, JUST TO GIVE ME CONTEXT FOR THAT, WHAT, WHAT GOES INTO THAT DETERMINATION? WHAT WOULD, WHAT, WHAT ARE THE KIND OF FACTORS THAT WOULD GO INTO IT? I, I CERTAINLY CAN'T SPEAK FOR EXACTLY WHAT HIS DETERMINATION WAS, BUT I WOULD TELL YOU THAT IT WAS CERTAINLY TAKEN INTO CONSIDERATION THAT THE VAST MAJORITY OF THE BUILDING IS EITHER A COMMERCIAL KITCHEN OR A DINING ROOM TO, TO THE APPLICANT.
SO TO HELP US GET A SENSE OF THE, THE INTENSITY OF USE.
UM, SO ON AN AVERAGE DAY, HOW MANY, UH, PEOPLE COME TO EAT KOSHER FOOD ON AVERAGE? 10.
AND THEN, UH, I'M, I'M, I'M
BUT FOR A NORMAL DAY OF PRAYER, HOW MANY PEOPLE COME FOR, I THINK YOU, YOU ONLY SAID YOU HAVE MORNING PRAYERS.
SO HOW MANY PEOPLE ON A DAILY BASIS COME FOR MORNING SERVICE? ABOUT 12 TO 15.
AND THEN THE, THE SABBATH SATURDAY IS THE DAY OF HIGHER ATTENDANCE.
IS THAT TYPICALLY THE CASE WITH YOU GUYS? FORGIVE ME THAT I'M GONNA ANSWER A LITTLE BIT DIFFERENT THAN WHAT I WAS ASKED.
UM, WE HAVE FIVE DAYS THAT WE ARE FASTING.
THE JEWISH TRADITION, THE JEWISH RELIGION ARE FASTING THOSE DAYS.
THE RESTAURANT CEASE OR THE FOOD ESTABLISHMENT, I DUNNO EVEN HOW TO CALL IT NO MORE, UH, CEASE FROM, UH, OPERATING.
EVEN IF PEOPLE GONNA BE LIKE, WE ARE REALLY HUNGRY AS A RELIGION INSTITUTION, WE NOT GONNA PROVIDE FOOD ON A FAST DAY.
SO FOR EXAMPLE, ON YOM KIPPUR, ONE OF THE BIGGEST FAST DAYS, HOW MANY PEOPLE SHOW UP TYPICALLY FOR PRAYERS ON YOM KIPPUR? IN YOUR CONGREGATION? WE GET A A 50 EASY.
AND THEN ON A TYPICAL SABBATH, HOW MANY PEOPLE? 50.
SO, YOU KNOW, WE CAN'T REALLY AVERAGE THE 50 AGAINST THE NORMAL DAYS, BUT I THINK YOUR TESTIMONY IS THAT EVEN ON A NORMAL DAY, MORE PEOPLE ARE COMING FOR PRAYERS THAN ARE COMING TO EAT, INCLUDING FRIDAY.
THAT WE ARE, UH, LETTING THE KITCHEN PREPARE FOR THE SABBATH.
ANY SABBATH? I'M SORRY, WHAT? SO WHAT, WHAT DOES THAT ENTAIL ON FRIDAY? WE ARE NOT OPERATING BECAUSE WE, WE ASKING OUR COMMUNITY THAT WE WON'T BE ABLE TO PROVIDE FOOD BECAUSE THE KITCHEN IS USED PREPARING FOOD FOR THE SABBATH.
'CAUSE ON THE SABBATH IT'S 24 5 HOURS THAT WE ARE NOT PREPARING ANY FOOD.
SO THAT'S WHY IT'S SUNDAY TILL THURSDAY.
SO AL ALSO THE, WE HAVE A MONTH OF FULL OF HOLIDAYS.
THOSE DAYS WE ARE CLOSED AND EVERYBODY UNDERSTAND AND KNOW THAT AS A RELIGION INSTITUTION, IT'S, IT'S VERY ACCEPTABLE, NORMAL.
AND, AND, AND EVERYBODY KNOW THAT.
AGAIN, I'M, I'M, IT'S VERY, VERY, I'M GONNA, UH, CONSERVE MY TIME HERE.
BUT YEAH, THANK YOU FOR YOUR ANSWER THERE.
UH, COULD YOU HELP ME UNDERSTAND, YOU KNOW, ONE OF THE THINGS WHEN I WAS TRYING TO THINK THROUGH THE CASE AND TRY TO THINK ABOUT THE, THE, THE ORDINANCE, UH, ACCESSORY USES, UM, WHAT ARE ACCESSORY USES UNDER THE UDC ACCESSORY USES ARE LIMITED TO NO MORE THAN 25% OF THE TOTAL SQUARE FOOTAGE.
AND, AND I, I THINK I, BUT, BUT IN GENERAL, JUST FOR EVERYONE'S BENEFIT, WHAT, WHAT IS AN ACCESSORY USE? UH, COULD RANGE FOR, UH, I DON'T KNOW WHAT EXAMPLES YOU WANT TO, IN INCIDENTAL AND CUSTOMARY, I BELIEVE IS WHAT THE CODE SAYS.
IT IS INCIDENTAL AND CUSTOMARY TO THE PRIMARY USE.
SO, YOU KNOW, THE, THE PRIMARY USE IS THE THING THAT'S IT'S, YOU KNOW, MOSTLY BEING USED FOR AND THEN THINGS THAT KIND OF GO ALONG WITH IT OR SUPPORT IT OR ARE THEN ANCILLARY USES.
IS THAT A FAIR? YEAH, A A COMMON THING WOULD MAYBE BE A CONVENIENCE STORE.
THEIR MAIN USE IS A, YOU KNOW, THEY, THEY SELL ITEMS IN THE STORE, BUT THEY HAVE, YOU KNOW, OTHER ITEMS THAT AREN'T TYPICALLY ASSOCIATED WITH A CONVENIENCE STORE AND A SMALL PORTION OF THE STORE, SOMETHING LIKE THAT.
SO UNDER THE UDC, AN ACCESSORY USE IS DEFINED AS A USE OF LAND OR OF A BUILDING OR PORTION THEREOF THAT IS SUBORDINATE TO INCIDENTAL TO AND CUSTOMARILY ASSOCIATED WITH A PRINCIPAL USE.
AND IS OPERATED PRIMARILY FOR THE CONVENIENCE OF EMPLOYEES, CLIENTS, OR CUSTOMERS OF THE PRINCIPAL USE, BUT DOES NOT ATTRACT SEPARATE TRIPS.
OH, DOES NOT ATTRACT SEPARATE TRIPS.
THAT'S, THAT'S AN IMPORTANT PART OF THAT.
UM, ALSO, I, I IDENTIFIED THAT, UH, WHEN I WAS READING THROUGH THE CODE.
CAN YOU CONFIRM, UH, THE ACCESSORY USE HAS TO ALSO BE
[01:10:01]
ALLOWED UNDER THE TABLE WITHIN THE CODE, CORRECT? YES, THERE IS A TABLE THREE 70 OR 35, 3 70.AND UM, IT BASICALLY SAYS IF A USE IS AUTHORIZED, UM, AS A PRINCIPAL USE IN ONE ZONING DISTRICT, YOU CAN PERMIT IT AS AN ACCESSORY USE WHERE YOU MEET THAT 25% THAT LOGAN WAS MENTIONING.
AND, UM, SADLY, NONE OF THE ACCESSORY USES WOULD BE PERMITTED IN A RESIDENTIAL, UH, ZONING DISTRICT.
SO THAT IS WHY, YOU KNOW, WE, WE HAVE SEVERAL REASONS WHY ACCESSORY USES ARE NOT RELEVANT TO THE CASE HERE.
WE WOULDN'T, YOU KNOW, THERE WOULDN'T BE ANY SOLUTION IN LOOKING INTO THAT SECTION OF THE CODE.
SO, UH, LET'S TALK ABOUT, UM, THE DESIGNATION, UH, MORE ABOUT THE DESIGNATION, UH, OF IT, UH, BEING RELIGIOUS VERSUS A A FOOD SERVICE.
UM, SO PROCESS WISE, LIKE WITH, UH, CHURCHES, DOES, DOES EVERY CHURCH NEED TO GET LIKE CLEARANCE BY THE CITY TO BE RECOGNIZED AS A, A RELIGIOUS ORGANIZATION UNDER THE CODE? OR, UM, IS IT KIND OF DEFAULT IF, IF ANYONE OPERATES UNDER THAT? THERE IS, THERE IS NO CITY REGISTRATION OR CITY APPROVAL TO BE CONSIDERED A RELIGIOUS USE? NO.
SO IF A RELIGIOUS INSTITUTION WANTED TO OPEN UP IN A RESIDENTIAL AREA, THEY'D BE ALLOWED TO BY RIGHT? THEY WOULD JUST PROCEED WITH OPERATION OR HOW DOES THAT THEY WOULD NEED A CERTIFICATE OF OCCUPANCY, BUT YEAH, THERE'S NO REGISTRATION TO BE A RELIGIOUS USE.
SO, UH, IF SAY A, UH, I, I KNOW THERE'S A GURU ADA, UH, IN THE NEIGHBORHOOD, A A SIKH TEMPLE.
UM, DO Y'ALL KNOW WHAT, UH, WHAT THE ZONING IS ON THE, ON THE GURU ADA? IF YOU HAD THE ADDRESS, WE COULD LOOK IT UP.
SO, UH, UH, 7 9 3 0 GREEN GLEN DRIVE.
IT'S JUST DOWN THE STREET IN THE SAME NEIGHBORHOOD.
THERE'S ALSO, WHILE YOU'RE AT IT, THERE'S A, A CATHOLIC CHURCH IN THE NEIGHBORHOOD, UH, 15 4 1 5 RED ROBIN ROAD.
UM, I'M ALSO CURIOUS WHAT THE ZONING IS ON THAT ONE.
UM, IN, IN INTERESTED IN KNOWING, UH, IF THEY'RE RESIDENTIAL, UH, I THINK THOSE RELIGIOUS ORGANIZATIONS WOULD BE IN THE SAME BOAT OF AS THE SYNAGOGUE.
UM, OF COURSE, IF THEY'RE ZONED COMMERCIAL, RIGHT, THE ACCESSORY USES, UH, COULD, YOU KNOW, PROTECT THEM FROM FOOD SERVICE RELATED.
SO I WANNA, SORRY, GIMME ONE QUICK SECOND FOR THE RECORD.
UH, COMMISSIONER PETE RODRIGUEZ WALKED OUT AT TWO 14.
YEAH, I JUST WANNA AGAIN, EMPHASIZE THE IDEA THAT CHURCHES ARE ALLOWED IN ALL RES, ALL ALL ZONING CATEGORIES, BUT WHAT IS IN FRONT OF THE ZONING COMMISSION TODAY IS A REQUEST FOR RESIDENTIAL WITH THE SPECIAL USE FOR FOOD SERVICE ESTABLISHMENT.
THE RELIGIOUS USE IS NOT WHAT IS IN FRONT OF THE ZONING COMMISSION TODAY.
WHAT IS IN FRONT OF THE ZONING COMMISSION TODAY IS THE ALLOWANCE OF A FOOD SERVICE ESTABLISHMENT.
RIGHT? SO WHETHER THOSE OTHER PROPERTIES HAVE A RELIGIOUS USE ON THEM OR NOT IS NOT THE SAME THING AS WHAT IS IN FRONT OF YOU TODAY.
IF THOSE OTHER RELIGIOUS ORGANIZATIONS HAD FOOD SERVICES BUT DIDN'T HAVE PERMITTING FOR A FOOD SERVICE ESTABLISHMENT, IT JUST RAISES FOR ME THE QUESTION OF, UH, WHY, UH, THEY'D BE TREATED DIFFERENTLY.
LIKE I, I KNOW GURU ADAS, THE MAIN PART OF THEIR SERVICE IS, UH, COMMUNITY MAIL, OR THEY SERVE FOOD TO ANYONE WHO COMES AND SHOWS UP.
I, I DON'T THINK THAT THEY WOULD BE TREATED DIFFERENTLY IF THEY WERE OPERATING WHAT THIS, YOU KNOW, THIS ESTABLISHMENT WAS OPERATING, I BELIEVE THAT THE CITY WOULD GO AND INVESTIGATE IN THE SAME MANNER.
IS THAT IT LOOKS LIKE THAT IS ZONED R SIX AS WELL.
SO THAT, YOU KNOW, THAT DOES PRESENT A LITTLE BIT OF A CHALLENGE.
WHAT, WHAT WOULD AN APPLICANT NEED TO DO IF, UH, UH, TO, TO CLAR, YOU KNOW, TO CLARIFY THIS POINT, BECAUSE OF ALL THE RELIGIOUS ORGANIZATIONS IN TOWN WHO HAVE, YOU KNOW, BANQUET MEALS OR LIKE, YOU KNOW, I KNOW THERE'S TWO GURU ADAS.
WHAT, WHAT WOULD NEED TO CHANGE TO FIX THAT? HOW DOES THAT WORK? I, I WILL SAY IF ANYONE IS CONCERNED THAT AN OPERATION OR A A RELIGIOUS USE IS OPERATING AS A RESTAURANT, WE WILL INVESTIGATE THOSE AS WE HEAR THOSE COMPLAINTS.
IT'S, YEAH, I JUST, I GUESS BRIEFLY, HOW WOULD, UH, HOW COULD THAT POLICY BE CHANGED? WHAT WERE THE STEPS THAT AN APPLICANT WOULD NEED TO DO TO CHANGE THE POLICY? I KNOW IT'S OUTSIDE THE SCOPE OF A, A ZONING CASE, BUT WHAT, WHAT OTHER REMEDIES DO THEY HAVE TO CLARIFY THAT I, I DON'T KNOW.
THE, I I DON'T KNOW THAT I UNDERSTAND THE QUE WHAT, LIKE, WOULD COUNCIL HAVE TO CHANGE IT? WOULD THEY BE ABLE TO APPEAL? IS THERE AN APPEAL PROCESS WITH THE DIRECTOR? YEAH, CA AT THE END OF THE DAY, COUNCIL HAS THE ULTIMATE AUTHORITY
[01:15:01]
OVER WHAT DEVELOPMENT CODES WE ENFORCE.SO IF THEY WANTED TO AMEND THE UNIFIED DEVELOPMENT CODE TO EXPRESSLY EXPAND WHAT A RELIGIOUS INSTITUTION CAN DO, THAT IS SOMETHING CITY COUNCIL COULD CONSIDER.
ALRIGHT, THANK YOU COMMISSIONER DUVALL.
ALRIGHT, ANY FURTHER QUESTIONS TO MY LEFT? QUESTIONS TO MY RIGHT.
UH, COMMISSIONER HINOJOSA, UH, COUPLE QUESTIONS.
WHAT, WHAT WAS YOUR COMMUNITY OUTREACH? I KNOW AT THE LAST MEETING WE KIND OF SAID IT, WELL, LET'S COME TOGETHER, LET'S SEE WHAT HAPPENS.
SO WHAT, WHAT WAS, HOW DID THAT LOOK LIKE? THE MEETING? THE MEETING? YEAH.
DID YOU HAVE MEETINGS WITH THE NEIGHBORHOOD ASSOCIATION MORE? I MEAN, HOW, HOW, HOW MANY DID YOU HAVE? HOW DID THAT LOOK? UM, WE HAD ABOUT 70 PEOPLE AND IT DIDN'T LOOK GOOD.
SO THERE, IT'S NOT, WE DIDN'T, THEY DIDN'T, WE DIDN'T SEARCH TO, TO, YOU KNOW, BRIDGE THE GAPS.
AND WHEN DID THAT MEETING HAPPEN? LIKE, I, YOU DON'T, I MEAN, A COUPLE WEEKS AGO OR I THINK TWO WEEKS AGO.
AND IT WAS JUST THE ONE MEETING? WE HAD A ONE MEETING.
AND WHERE WAS THE LOCATION? IN THE PAVILION OF THE NEIGHBORHOOD.
RABBI, YOU, YOU CAN SIT FOR A COUPLE MINUTES.
UH, A COUPLE QUESTIONS FOR STAFF.
UM, WHAT IS THE FIRE MARSHALS LIKE? UH, UH, MAXIMUM CAPACITY FOR THE ESTABLISHMENT AND FOR THE DINING FACILITY? I, I'M ASSUMING THERE'S TWO DIFFERENT CAPACITIES.
YEAH, IT WOULD BE DETERMINED AT THE POINT THAT A CFO IS APPLIED FOR, I DON'T KNOW OFF THE TOP OF MY HEAD WHAT THE MAXIMUM OCCUPANCY WOULD BE.
UM, AND ALSO FOR STAFF, JUST REMIND ME HOW MANY, HOW MANY DID, HOW MANY LETTERS OF, OF, OR WHAT WAS THE SUPPORT AND WHAT WAS THE, UH, NOT SUPPORT, UH, RATIO NUMBERS.
THERE WERE 18 NOTICES MAILED, ZERO RECEIVED IN FAVOR, FOUR OPPOSED HILLS AND DALE'S NEIGHBORHOOD ASSOCIATION WAS OPPOSED.
AND THEN OUTSIDE 200 FEET THERE WERE ZERO IN FAVOR AND NINE OPPOSED.
UH, I KNOW FOR ME, AND I THINK I ASKED THIS QUESTION THE LAST TIME, I MEAN, I'M, I'M GONNA TAKE OUT THE RELIGIOUS PART OF IT, AND I THINK WE'VE KIND OF MENTIONED THAT, UM, THIS IS HOW I LOOK AT IT IS, IS HOW DO THE SURROUNDING NEIGHBORHOODS OR SURROUNDING HOUSES, WHAT, WHAT, WHAT THEY WANT, UH, THE NEIGHBORHOOD ASSOCIATION, WHAT THEY, OR WHAT THEY WOULD LIKE.
UH, AND THEN THE, UH, THE ESTABLISHMENT, UH, IS SEEKING THE ZONING.
'CAUSE REMEMBER ZONING GOES WITH THE PROPERTY.
UM, SO ONCE WE CHANGE IT NOW, I MEAN THAT'S, THAT'S PRETTY MUCH LOCKED IN UNTIL IT GETS, UNLESS IT'S CHANGED AGAIN.
UH, THAT BEING SAID, UH, THE HILLSDALE REPS REPRESENTATIVE FROM THE NEIGHBORHOOD C STATION.
SIR, CAN YOU COME UP HERE? LEMME ASK YOU A QUESTION AND IF YOU WOULD PLEASE TURN OFF OR SILENCE YOUR PHONES.
CAN YOU GIMME A REAL QUICK, I MEAN, LIKE 30 SECONDS? UH, WELL BEFORE THAT, WHAT, WHAT WAS THE MEETING? DID Y'ALL HAVE MEETINGS? UH, WE HAD, WE HAD A MEETING THAT WAS ATTENDED BY ABOUT 70 PEOPLE.
UM, AND UM, IT GOT A LITTLE BIT FEISTY AT TIMES, TO BE QUITE HONEST.
UM, THE, I THINK THE, THE SELLING THINGS THAT I TOOK AWAY WERE, UM, THE, UM, MR. TAO'S COMMUNITY.
THERE WERE, UH, TWO PEOPLE WHO WERE SITTING HERE WHO ACTUALLY CURSED AND THREATENED, WE WILL FIGHT YOU TO THE RESIDENTS THERE.
THESE WERE OLDER ELDERLY RESIDENTS SAYING, WE LIVED THROUGH OUR LIVES.
UH, SO IT DID KIND OF GO INTO THAT.
I THINK, UH, YOU WERE THERE AS WELL.
SO YOU EXPERIENCED THAT HE ACTUALLY CALMED THE MEETING DOWN, UH, A BIT.
UH, THERE'S SOME MISINFORMATION GOING AROUND TOO IN SOME OF THESE QUESTIONS.
AND, AND, AND REAL QUICK, UM, THE NEIGHBORHOOD ASSOCIATION GOING IN MM-HMM
WERE Y'ALL LOOKING TO KIND OF HAVE SOME, WHAT WAS YOUR, LIKE, CONCESSIONS OR WHAT WAS, DID Y'ALL HAVE SOMETHING GOING IN AS FAR AS LIKE, WHAT WOULD YOU TRY TO HELP MEET IN THE MIDDLE WITH? YEAH, I, I THINK THE MOST SURPRISING THING WAS, YOU KNOW, THIS, THEY'D BEEN IN PLACE FOR SEVERAL YEARS AND BEFORE THEY CHANGED, YOU KNOW, THE NAME TO THE RELIGIOUS ORGANIZATION, UH, MR. TAO HAS BEEN THE OWNER OF BOTH, BY THE WAY.
UH, BEFORE THAT THEY WERE REPRESENTING THEMSELVES AS A JEWISH TEMPLE FOR YEARS, BUT AS FAR AS THE ZONING RESTAURANT, AS FAR AS THE ZONING CHANGE, I MEAN, THEY, THEY WANT TO BE, HAVE A COMMERCIAL KITCHEN.
SO WHAT, WOULD THERE BE ANY SORT OF MIDDLE GROUND FOR THAT? WELL, I THINK THE, THE ISSUE WAS, YOU KNOW, PARKING, DISRUPTION, UH, THE SEWER SYSTEMS. AND ALSO A FEAR THAT OTHERS WOULD COME IN THEN AND SAY, WELL, HECK, WE COULD, THEY COULD HAVE A RESTAURANT.
WE CAN HAVE A RESTAURANT IN THE MIDDLE OF OUR NEIGHBORHOOD.
[01:20:01]
THE SIKH SIKH TEMPLE, WHICH I THINK YOU WERE TALKING ABOUT, AND THE CATHOLIC, THEY DON'T HAVE COMMERCIAL.AND, AND THEN MR. SALAZAR, WHERE, WHERE ARE YOU? CAN YOU COME UP HERE, SIR? IF I REMEMBER CORRECTLY, YOU'RE LIKE, BASICALLY THE DIRECT, THE CLOSEST NEIGHBOR, RIGHT? YOU'RE PAUL IS THE CLOSEST NEIGHBOR? YEAH, PAUL.
HE LIVES BETWEEN ME AND THE SYNAGOGUE.
AND THEN, UH, LIKE 30 SECONDS, WHAT, WHAT, WHAT IS YOUR BIGGEST COMPLAINT OR WHAT IS YOUR CONCERN? THE CONCERN IS THAT IF IT'S CONSIDERED TO BE OR TURNED AROUND TO BE A COMMERCIAL PROPERTY, THEN THAT'LL OPEN THE DOOR TO THE REST OF THE STREET BECOMING A COMMERCIAL PROPERTY, WHICH IS WHY I BROUGHT UP TURNING IT INTO A PARKING LOT.
THE, THE PROBLEM IS NOT THAT THEY'RE THERE, IT'S WHAT THEY'RE DOING WITH THE PROPERTY.
AND IF IT'S GONNA CAUSE PROBLEMS TO THE COMMUNITY, THEN I WOULD HAVE TO DECLINE.
AND THEN PAUL, REAL QUICK, YOU'RE MY LAST CONTESTANT,
I THINK YOU, YOU'RE THE ONE THAT I THINK THE PREVIOUS YEAR OR TWO YEARS AGO, THERE WAS A LOT OF CELEBRATIONS OR SOMETHING.
BUT LAST YEAR YOU SAID THERE WAS MAYBE LIKE FOUR OR FIVE, UH, YES.
UH, THE, THE, UH, THIS YEAR THERE WERE ONLY TWO, TWO LOUD PARTIES.
UH, ONE ON MARCH 3RD, UH, OR MARCH 2ND, MARCH 3RD.
AND AND YOU'RE, AND YOU'RE, YOU'RE THE DIRECT NEIGHBOR YOU SHARE PROPERTY LINE WITH THAT'S THE DIRECT NEIGHBOR? YES.
AS FAR AS PARKING, IS THAT, UH, AN ISSUE? I, UM, I HAPPEN TO LIVE ON THE PROPERTY THAT IS NOT, IT'S NOT EASY FOR ME TO SEE EVERY DAY THE PARKING SITUATION.
I, UM, I WALK BY MAYBE ONCE A DAY JUST TO TAKE A WALK.
UM, THE, IT'S A CRAMPED STREET.
UH, THE CARS, WHEN THEY PARK, THEY STICK OUT INTO THE DRIVE, UH, WAY.
UH, IF THERE'S A LARGE, UH, SOMETHING LIKE A FIRE TRUCK MAY HAVE TROUBLE MM-HMM
AND THE LAST QUESTION FOR RABBI, IF YOU WANNA, I KNOW THE LAST TIME WE'RE HERE, UH, WE HAD TALKED ABOUT PARKING.
I KNOW YOU HAVE SOME SPACE AND YOU COULD, COULD HAVE CREATED A SITE PLAN, YOU DON'T NEED TO, UH, AT THIS POINT, BUT WAS THAT CONSIDERED ABOUT MAYBE DRAWING SOME SORT OF, UH, TO KIND OF INCLUDE PARKING WITHIN YOUR PROPERTY? THERE WAS NO NEED BECAUSE THE ENGINEER WAS WALKING WITH THE CITY, ALLOWING THE CARS TO PARK ON THE CITY PROPERTY.
SINCE WE HAVE THE FENCE, WE ARE VERY OPEN TO MOVE THE FENCE TO ALLOW OTHER CARS TO PARK CLOSER AND TO GIVE THE ROAD MORE SPACE.
UM, IT JUST GONNA COST US A GOTCHA.
THANK YOU COMMISSIONER HINOJOSA.
ANY FURTHER QUESTIONS TO MY RIGHT? COMMISSIONER? PETE RODRIGUEZ.
I JUST HAVE A QUESTION FOR STAFF.
UH, IF THIS IS APPROVED, WHAT OTHER BUSINESS, I KNOW WE'VE ALWAYS ASKED THIS ON OTHER CASES, BUT WHAT, WHAT OTHER BUSINESSES COULD BE ESTABLISHED THERE IN CASE THEY SELL IT IN A YEAR OR TWO? UH, ANY FOOD SERVICE ESTABLISHMENT? JUST FOOD SERVICES.
AND I MEAN, ANY RESIDENTIAL USES UNDER THE R 20.
COMMISSIONER PETE RODRIGUEZ, COMMISSIONER PANO FOR THE APPLICANT.
RABBI, SOMEONE MENTIONED THAT YOU OWN OTHER PROPERTIES IN THE NEIGHBORHOOD.
AND THEN THE SMOKE TO LIVE BUSINESS NAME? THIS IS A BUSINESSES THAT I LEFT WHEN I, UH, DECIDED TO BECOME A RABBI.
SO NO OWNERSHIP IN THE NEIGHBORHOOD AND NO CONNECTION TO MM-HMM.
UH, WHEN I SEARCH FOR KOSHER FOOD IN SAN ANTONIO, YOUR FACILITY IS THE FIRST NAME THAT COMES UP, RIGHT? AND IT GOES TO THE WEBSITE AND IT ALLOWS ME TO PUT IN AN ORDER.
I'M NOT A MEMBER OF THE COMMUNITY.
SO I THINK LAST TIME YOU WERE HERE, YOU SAID IT'S ONLY OPEN TO, CAN I ASK YOU TO READ THE PARAGRAPH LOUD FOR EVERYBODY TO HEAR? SO, KITCHEN SPECIALIZES IN YUMMY KOSHER GRILL IS A KOSHER COMMUNITY KITCHEN OPERATED BY THE ISRAELI SHABBAT HOUSE, SERVING THE JEWISH COMMUNITY OF SAN ANTONIO, VISITING JEWISH GUESTS, STUDENTS, PARTICIPANTS IN RELIGIOUS, EDUCATIONAL AND COMMUNITY
[01:25:01]
PROGRAMS. AND THEN THERE'S A LOVELY ORDER NOW BUTTON AND THERE IS MORE RIDING UNDERNEATH IT.DID I SAY THAT CORRECT? ALMOST GOODNESS.
THERE WILL NOT BE A QUOTE
YOU CAN CORRECT WHATEVER YOU WANT, BUT, UM, YOU UNDERSTAND THAT BESIDE TELLING YOU DON'T COME, YOU'RE NOT WELCOME.
WE TRY TO WORD IT AS HARD AS POSSIBLE TO AMPLIFY YOU AND, AND TO SOUND OUR VOICE, THAT IT'S VERY SPECIALIZED TO THE JEWISH COMMUNITY.
IF THERE IS ADVICE OR IDEA THAT CAN MAKE IT EVEN MORE NOTICEABLE THAT IT'S FOR THE JEWISH COMMUNITY ONLY FOR PEOPLE WHO SEEKING ONLY FOR A KOSHER FOOL AS PART OF THE RELIGION, I WOULD BE HAPPY TO HEAR.
BUT WE WILL TRY TO MAKE IT AS CLEAR AND, AND AS AGAIN, THE PRICES WILL NOT JUSTIFY THE FOOD UNLESS YOU'RE EATING KOSHER.
I'VE EATEN LOTS OF PLACES WHERE THE PRICES DIDN'T JUSTIFY THE FOOD
WAIT, UH, WE'RE GONNA GO VE ETT KELLY.
UH, COMMISSIONER PETE RODRIGUEZ.
AND, UH, UM, BROUGHT UP A REALLY GREAT POINT ABOUT THE, UH, GRANDFATHERING OF THE, UH, CONDITIONAL USE PERMIT.
SO COULD YOU EXPLAIN FOR EVERYONE WHAT, YOU KNOW, WHAT, WHAT RIGHTS WOULD CARRY OVER TO A SUBSEQUENT OVER IF SAY, UH, THE ISRAELI HABAD WAS VERY SUCCESSFUL AND WAS ABLE TO MOVE TO A NEW BUILDING, WHAT RIGHTS WOULD NECESSARILY CARRY OVER? AND WHAT, I MEAN, COULD ANYTHING BE DONE TO PREVENT THOSE RIGHTS FROM BEING CARRIED OVER? BUT WITH THE CONDITIONAL USE, IF APPROVED WOULD PERMIT THE FOOD SERVICE ESTABLISHMENT FOR ANY FUTURE OWNER? 'CAUSE THE ZONING WOULD RUN WITH THE PROPERTY.
SO, I, I, I, JUST TO ADD ONE ADDITIONAL THING, ANY FUTURE OWNERS WOULD STILL HAVE TO COMPLY WITH THAT SITE PLAN.
SO IT COULDN'T COME IN AND DO A 10,000 SQUARE FOOT EDITION.
THAT WOULD HAVE TO COME BACK BEFORE YOU, BUT THEY WOULD, ANY FUTURE FOOD SERVICE ESTABLISHMENT FOLLOWING THAT SITE PLAN COULD USE THE PROPERTY THAT WAY.
UM, A SINGLE FAMILY HOME IS PERMITTED IN THE R 20 BASE DISTRICT THAT WOULD NOT HAVE TO MEET THE SITE PLAN.
THE SITE PLAN'S ONLY TIED TO THE CONDITIONAL USE, BUT THOSE WOULD BE INHERITED BY SUCCESSORS.
AND, UH, I'D ASKED PREVIOUSLY ABOUT THE ACCESSORY USE PART OF THE ORDINANCE.
YOU KNOW, WE KIND OF STRUCK THAT OUT AS NOT, NOT BEING A, A, YOU KNOW, POSSIBLE SOLUTION.
UM, THE CONDITIONAL USE PERMIT GRANDFATHERING IS PRETTY PROBLEMATIC.
I, I, I, I MEAN IT SEEMS PROBLEMATIC.
ARE THERE ANY OTHER, UM, ANY OTHER IDEAS ON HOW WE COULD SOLVE THIS TO AVOID THE GRANDFATHERING ISSUE? SO, SO WHAT, AND I'LL LET AUDREY CHIME IN IF I MISSTATE THIS, BUT YOU, YOU CAN'T ADOPT A CONDITION THAT COMPELS A FUTURE COUNSEL TO A SPECIFIC ACTION.
SO YOU CAN'T SAY RECOMMENDING APPROVAL ON THE CONDITION THAT THIS PROPERTY IS DOWN ZONED AT THE TIME IT'S SOLD.
UH, NOW WOULD, OR COULD A SOLUTION BE, HYPOTHETICALLY, I'M NOT ASKING, BUT COULD A SOLUTION BE HYPOTHETICALLY, UH, THE APPLICANT TO WITHDRAW THE APPLICATION AND STAFF DIRECTOR OF DEVELOPMENTAL SERVICES MAKE ANOTHER DETERMINATION AS TO THE PRIMARY USE? HYPOTHETICALLY, COULD THAT BE A SOLUTION? I'M NOT SAYING THAT YOU GUYS WOULD DO IT, BUT JUST COULD THAT HAPPEN? OR IS IT ALREADY, OR LIKE ONCE THE DEVELOPMENTAL, UH, SERVICES DIRECTOR MAKES THAT DETERMINATION, CAN IT NOT CHANGE OR, I, I SUPPOSE HYPOTHETICALLY IT'S POSSIBLE, BUT I, I DON'T FIND THAT VERY LIKELY IN THIS INSTANCE.
AND IN TERMS OF OTHER, YOU KNOW, HYPOTHETICAL SOLUTIONS, WE HAD TALKED ABOUT CITY COUNCIL HAS THE ULTIMATE AUTHORITY.
SO, YOU KNOW, IF THE APPLICANT WERE TO WITHDRAW AN APPLICATION AND SEEK TO CHANGE THE CODE WITH CITY COUNCIL, WHAT, LIKE, WHAT WOULD THAT LOOK LIKE AND WOULD THAT HALT CURRENT CODE ENFORCEMENT ACTIONS? NO.
SO WHAT, WHAT WOULD THAT LOOK LIKE PROCESS-WISE? SO IF WE WERE GOING TO AMEND, THERE ARE GENERALLY TWO PATHS TO AMEND THE DEVELOPMENT CODE.
THERE'S THE ONCE EVERY FIVE YEAR CYCLE, AND THEN THERE'S
[01:30:01]
OUT OF CYCLE WHEN SUBMITTED BY A CITY COUNCIL REQUEST A CCR, UH, DIRECTING CITY STAFF TO EXPLORE OUT OF CYCLE AMENDMENTS.BUT THAT WOULD NOT STAY IN ENFORCEMENT ACTION ON SOMETHING THAT MIGHT HYPOTHETICALLY CHANGE IN THE FUTURE.
THAT, THAT WOULD ONLY COME INTO PLAY IF THE CODE WAS ACTUALLY CHANGED.
WHICH I GUESS LEAVES US TO, UH, WHAT, UH, DIRECTOR SHANNON HAD RECOMMENDED TO THE APPLICANT IS, YOU KNOW, THE BEST COURSE OF ACTION, UM, I GUESS IS WHERE WE'RE AT.
THANK YOU COMMISSIONER DBOL, BEFORE WE GO TO COMMISSIONER WHITSETT, I WANT TO NOTE FOR THE RECORD THAT COMMISSIONER HINOJOSA LEFT AT TWO 30 AND RETURNED AT 2 31.
AND WHAT TIME IF YOU HAVE IT, MS. LEAL? DID, UH, COMMISSIONER PETE RODRIGUEZ RETURN 2:16 PM? TWO 16.
ALRIGHT, THAT BEING STATED, COMMISSIONER, WHAT'S IT TO YOU FOR QUESTIONS SECOND ROUND? PROBABLY BE A DUAL ONE FOR RABBI AND STAFF.
UH, THERE'S A INFORMATION BULLETIN, BULLETIN 1 26 THAT SAYS CHURCHES ARE NOT REQUIRED TO PROVIDE A DIMENSION SITE PLAN AND A PATRON PARKING LAYOUT.
AND I JUST WANT TO KIND OF CONFIRM THAT FROM RESEARCH THAT I DID.
BUT FOR THE RABBI, UH, WHEN Y'ALL MADE AN APPLICATION FOR CONDI FOR A CERTIFICATE OF OCCUPANCY, WERE YOU APPROVED ON EVERYTHING EXCEPT FOR THE PARKING, UH, ISSUE THAT THE ENGINEER REQUESTED OF YOU THAT FROM WHAT I CAN, NO, WE, WE START WITH R SIX.
WE NEEDED TO GET A CERTIFICATE OF OCCUPANCY.
IT GOT STUCK AT ZONING AND PARKING.
AND THEN WE, UH, HAD A BIG MEETING WITH MIKE SHANNON AND HE RECOMMEND US TO START THIS PROCESS.
IT WAS AN HOUR INITIATION FROM THE GET GO.
SO, SO HE REQUIRED YOU TO FILE THE CERTIFICATE OF OCCUPANCY, STILL HAVE THIS EMAIL? I HAVE IT ON MY EMAIL, YEAH.
SO THAT WAS IN MAY OF 24? YES.
COVERS MY OTHER PREVIOUS QUESTIONS.
ALRIGHT, THANK YOU COMMISSIONER.
WHAT'S THAT? COMMISSIONER KELLY? UH, RABBI I'D LIKE TO FOLLOW UP ON A FEW THINGS THAT YOU AND I HAVE TALKED ABOUT AS POSSIBLE.
WAYS TO WORK WITH THE COMMUNITY AND FIND SOLUTIONS THAT, UH, CAN COMPROMISE SOME OF THE CONCERNS IN THE NEIGHBORHOOD.
UM, I THINK YOU HAD SAID THAT Y'ALL WOULD BE WILLING TO LOOK AT SOME ISSUES.
THERE'S A LOT, A PARKING LOT, I BELIEVE A BLOCK NORTH THAT MIGHT BE A POSSIBILITY FOR OVERFLOW PARKING.
IS THAT CORRECT? OR? THAT WAS MY UNDERSTANDING TO GET A NEW PARKING LOT THAT ISN'T THE NEIGHBORHOOD.
WELL, TO ADD SOME PARKING SPACES OFF, OFF STREET PARKING, I, I THOUGHT I UNDERSTOOD THERE WAS A LOT THAT THE NEIGHBORHOOD ACTUALLY OWNS ABOUT A BLOCK NORTH.
AM I INCORRECT? IF THEY GIVE IT FOR FREE, WE'LL TAKE
WELL, AT ANY RATE, UH, I THINK ONE OF THE BIG CONCERNS THAT I'VE HEARD FROM THE NEIGHBORS IS OBVIOUSLY THE PARKING ISSUE.
AND I THINK IT IS AN ISSUE, UH, EVEN THOUGH IN THE TIMES THAT I'VE BEEN THERE, I HAVEN'T SEEN IT BEING EGREGIOUS.
IT'S STILL, I COULD SEE HOW IT WOULDN'T BE A PROBLEM.
UH, IF THE CITY WERE TO WORK WITH YOU AND MAYBE ESTABLISH A NO PARKING ON THE FAR SIDE OF THE STREET FROM THE SYNAGOGUE LOCATION THERE ON THAT ONE STREET, WOULD THAT BE SOMETHING YOU'D BE AMENABLE TO? I WOULD BE WILLING TO WALK IN ANY WAY TO SOLVE THIS ISSUE.
AND I HAD THOUGHT THAT THERE'S A VACANT AREA ON THE CORNER OF YOUR PROPERTY THAT MIGHT, COULD HAVE BEEN OPENED UP FOR PARKING, BUT YOU THAT I FOUND OUT THAT'S WHERE YOUR SEPTIC FIELD IS.
AND I THINK IT'S IMPORTANT FOR EVERYBODY TO UNDERSTAND THAT MUCH OF THE OLDER PART OF HILLS AND DALES IS ON SEPTIC SYSTEM.
THE CITY'S NEVER GOTTEN AROUND TO GETTING THAT INTO, OR SAWS HASN'T GOTTEN IT INTO A SEWER SYSTEM.
NOISE WAS ONE OF THE OTHER ISSUES I HEARD, AND I THINK A COUPLE OF THE SPEAKERS HAVE, UH, REGISTERED SOME CONCERNS ABOUT NOISE.
I KNOW Y'ALL ESTABLISHED, UH, OR BUILT A CONCRETE FENCE AROUND THE BACKYARD PROPERTY WHERE YOU HOLD SOME OF YOUR EVENTS.
I KNOW THAT PROBABLY HELPS A LITTLE BIT, BUT HAVING WORKED FOR TDO AND HAVING DEALT WITH NOISE ISSUES IN THE PAST, I KNOW THAT'S NOT A TOTAL SOLUTION.
NOISE WILL GO UP OVER THE WALL, UNFORTUNATELY.
SO I WOULD ASK YOU, IS THERE A WAY TO BE CAREFUL THAT ANY ELECTRONIC AMPLIFICATION OF ACTIVITIES COULD BE DIRECTED AWAY FROM THE NEIGHBORS? WE TRYING TO DO ALL IN OUR BEST TO
[01:35:01]
BE A GOOD NEIGHBOR AND TO REDUCE THE, THE NOISE.UH, OUR NEIGHBOR IS VERY SENSITIVE TO NOISE AS, UH, I SAID WE, WE DID A LOT OF EFFORT INCLUDING CHANGING THE FENCE IN BETWEEN US AND HIM IN ORDER TO REDUCE IT.
AND I THINK IT'S, UH, SPEAKING TO ITSELF THAT HE SAY THAT IT USED TO BE WEEKLY AND NOW HE SAID IT'S TWO TIMES A YEAR.
I THINK THAT CAN JUSTIFY, I MEAN, THAT WE, WE, WE, WE, WE ARE DOING EVERYTHING IN OUR POSSIBILITIES TO REDUCE.
WELL, I I JUST WOULD LIKE FOR US TO, ALL OF US, THE NEIGHBORS AND YOU TO UNDERSTAND THAT WE NEED TO LOOK FOR WAYS TO FIND SOLUTION COMPROMISE SOLUTIONS WHERE WE CAN, IT'S OBVIOUS THAT, UH, THAT Y'ALL ARE AN ACTIVE PART OF THE COMMUNITY.
THERE, YOU HAVE SOME OF YOUR CONGREGATES THAT ACTUALLY LIVE IN THE NEIGHBORHOOD.
SO, UM, ANYWAY, I'M JUST SEARCHING FOR SOLUTIONS HERE THAT CAN REDUCE THE, UM, THE, THE, THE THING IS YOU NEED TWO FORGO.
ALRIGHT, THANK YOU COMMISSIONER KELLY.
IS THAT IT? ALRIGHT, COMMISSIONER SIPES, THIS IS A QUESTION FOR, FOR STAFF.
UM, ON, ON, UH, AND, AND, AND, AND TRUST ME, IT IT RELATES TO THIS CASE ON, ON ST.
MARY'S STRIP THERE'S A GREEK ORTHODOX CHURCH AND THEY OWN A PARKING LOT THAT THEY USE, BUT THEY WANTED TO USE IT FOR COMMERCIAL PURPOSES AS WELL.
AND IF I RECALL, WE REZONED THAT PARKING LOT NOT, YOU KNOW, SEPARATELY TO ALLOW A COMMERCIAL USE.
IS THAT CORRECT? YES, IT WAS GONNA BE A SEPARATE BUSINESS SEPARATED FROM THE CHURCH.
UM, ALRIGHT THAT THE REST IS IN DISCUSSION, SO I'M DONE.
UM, ALRIGHT, FURTHER LAST TIME QUESTIONS TO MY LEFT.
EVERYONE'S GOTTEN THEIR SECOND CHANCE THERE TO MY RIGHT QUESTION.
SECOND CHANCE COMMISSIONER HINOJOSA.
UM, WELL IT TAKES TWO TO TANGLE, BUT YOU'RE THE ONE WHO QUESTIONED THAT THE ZONING CHANGE.
SO, YOU KNOW, IT'S, IT'S, MAYBE IT DOESN'T WORK IN THIS, IN THIS AREA.
UM, MY ONLY CONCERN IS WHEN I WENT TO THE WEBSITE, ALSO, YOU'RE RELYING A LOT ON PEOPLE TO READ, UH, WITH SOMEBODY WHO HAS A DOCTORATE IN EDUCATION.
A LOT OF PEOPLE DON'T READ, SO PEOPLE COULD ORDER FOOD.
SO IF THEY ORDER FOOD ONLINE, IT'S A PICKUP ONLY, RIGHT? UH, NO, NOT ONLY YOU ARE WELCOME TO COME, BUT AGAIN, THE PURPLE THAT COMING INTO OUR COMMUN TO OUR RESTAURANT OR OUR FOOD ESTABLISHMENT, WE, WE TELL THEM, ARE YOU JEWISH? THAT WOULD BE THE FIRST QUESTION.
IF YOU, I ASK YOU, AND I DON'T, I DON'T KNOW.
UM, I I DO NOT MEAN ANY RES DISRESPECT AT THIS POINT, BUT, UH, AT ALL.
BUT WHEN, WHEN SOMEONE SAYS, ARE YOU SOMETHING THAT DOESN'T SIT WELL WITH ME, BUT THAT JUST A GUY FROM THE SOUTHEAST EYE OF SAN ANTONIO.
BUT IT, IT, IT SEEMS A LITTLE ODD TO ME AND, AND MY PERSONAL EXPERIENCE, I JUST, YEAH.
UM, BUT SO IF I ORDER ONLINE, I COULD HAVE IT DELIVERED TO ME? NO, WE DON'T HAVE A DELIVERY OPTION.
YOU ARE GONNA HAVE TO MAKE A PHONE CALL, SO OH, OKAY.
SO, SO WHEN I ORDER ONLINE AT SOME POINT, I'M SORRY, I'M SORRY.
AT SOME POINT I HAVE TO CALL RIGHT.
IT, IT'S NOT ALL COMPUTERIZED WHERE I CAN JUST ENTER MY CARD NUMBER AND ORDER THE FOOD.
NO, YOU, YOU DO, YOU ARE ABLE TO PUT YOUR CARD NUMBER AND EVERYTHING, BUT YOU WILL HAVE TO MAKE A PHONE CALL IF YOU WANT THE FOOD TO BE DELIVERED.
UNLESS YOU JUMPING THE FENCE, YOU'LL HAVE TO MAKE A PHONE CALL.
AND, AND I REMEMBER, I, I REMEMBER THE LAST MEETING, I BELIEVE YOUR WIFE SAID THAT SOMETIMES, UH, COUNTY DEPUTIES COME IN AND ASK FOR WATER AND STUFF.
SO AT SOME POINT, I GUESS THE GATES ARE OPEN MM-HMM
UNFORTUNATELY THEY'RE LEFT OPEN.
WELL WHO, WHO HAS CONTROL OF THE GATES? ALL ANYBODY OF OUR COMMUNITY MEMBERS.
SO, SO ANYBODY FROM YOUR COMMUNITY COULD OPEN THE GATE AND LEAVE IT OPEN BY ACCIDENT? YEAH.
WE HAVE ELECTRIC ACCESS, SO EVERYBODY FROM OUR COMMUNITY HAVE A CARD.
AND THEN DON'T HAVE TO PUNCH THE CODE EVERY TIME.
ANY FURTHER QUESTIONS? RIGHT? SEEING NONE, A FEW LAST MINUTE QUESTIONS FOR ME.
UH, ONE THING THAT SEEMED TO BE ALLUDED TO, AND THIS IS FOR STAFF, IS A PARKING AGREEMENT.
IF YOU CAN SIT DOWN, UM, IS A PARKING AGREEMENT.
SO THAT WOULD BE WHERE, OR ACTUALLY WOULD SOMEONE TELL ME WHAT A PARKING AGREEMENT IS? YEAH, SO ONE OF THE METHODS BY WHICH YOU CAN PROVIDE REQUIRED OFF STREET PARKING IS THROUGH WHAT'S CALLED A COOPERATIVE PARKING AGREEMENT.
THERE ARE A COUPLE STANDARDS, THERE'S NOT MANY
[01:40:02]
WHERE YOU ARE PROVIDING THAT ALTERNATIVE PARKING LOCATION HAS TO BE WITHIN 600 FEET OF THE SUBJECT PROPERTY.SO LET'S JUST HYPOTHETICALLY SAY THEY ENTERED INTO AN AGREEMENT WITH THE PROPERTY ACROSS THE STREET.
IF THAT PROPERTY OWNER AGREED TO ALLOWING THEM TO USE THE PARKING AND STILL HAD ENOUGH PARKING LEFT OVER FOR THEMSELVES, THEN THAT IS SOMETHING THAT CAN BE APPROVED BY OUR TRAFFIC TEAM.
UM, AND THAT WOULD NOT NECESSARILY RUN WITH THE LAND THOUGH, CORRECT? THAT'S CORRECT.
THAT IS AN AGREEMENT BETWEEN TWO PROPERTY OWNERS? YES.
SO IT'S NOT ENFORCEABLE BY THE CITY, IT IS NOT ENFORCEABLE BY THE CITY, BUT IF THE, IF THE OTHER PARTY TERMINATED THE AGREEMENT, THE CITY WOULD BE BACK IN THE POSITION OF REQUIRING THE NECESSARY PARKING FOR THIS USE.
UH, THE NOR NOISE ORDINANCE WOULD APPLY TO ANYONE, CORRECT? YES.
SO THERE IS A CITY OF SAN ANTONIO NOISE ORDINANCE THAT SETS CERTAIN DECIBELS AT CERTAIN TIMES AND THAT'S APPLICABLE TO RELIGIOUS, NON-RELIGIOUS USES, WHATEVER.
RIGHT? IT APPLIES BASED UPON THE USE OF THE PROPERTY BEING RESIDENTIAL OR NON-RESIDENTIAL.
UM, AND UH, AND THIS IS GONNA BE REMEDIAL, SO I APOLOGIZE.
UM, ONE OF, WELL I'M GONNA FOCUS ON TWO LIMITATIONS FOR CONDITIONAL USE, RIGHT? ONE CAN BE AMPLIFIED SOUND OUTDOORS, CORRECT? YES.
AND ONE CAN BE HOURS OF OPERATION.
THOSE ARE MY QUESTIONS, UH, LADIES AND GENTLEMEN AT THIS TIME, 2 43.
UH, WE ARE GOING TO STAND IN RECESS FOR APPROXIMATELY SEVEN MINUTES.
THE PUBLIC HEARING FOR THIS ITEM, ITEM NUMBER ONE, UH, IS CLOSED.
SO WE WILL STAND IN RECESS NOW AT 2 44.
SEE YOU IN ABOUT SEVEN MINUTES.
LADIES AND GENTLEMEN, THE TIME IS 2 54.
UH, THIS SESSION OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO IS BACK IN SESSION.
AT THIS POINT, UH, PUBLIC HEARING IS CLOSED, THE FLOOR IS OPEN FOR DISCUSSION AND POTENTIAL MOTION TO COMMISSIONER KELLY
ALRIGHT, THANK YOU MR. CHAIRMAN.
SORRY, I, I MEAN I COULD GO TO SOMEONE ELSE.
UH, THIS HAS BEEN OBVIOUSLY A VERY COMPLEX AND CONTROVERSIAL ISSUE AND EVEN AT THIS LATE HOUR AND AFTER A SECOND ROUND OF DISCUSSION AND HEARING AND SO FORTH, I THINK THAT WE NEED TO LOOK AT A FURTHER CONTINUANCE.
NOW, MR. CHAIR, I BELIEVE YOU CAN HELP US UNDERSTAND WHAT THE IMPLICATIONS OF DOING A SECOND CONTINUANCE ARE.
UH, I THINK THAT WOULD GIVE THE APPLICANT THE OPTION OF WORKING SOME MORE ISSUES WITH THE CITY STAFF AND GOING TO CITY COUNCIL.
I'LL LET YOU, SO COMMISSIONER KELLY, IF I MAY SUGGEST IF YOU COULD GO AHEAD AND MAKE YOUR MOTION AND IF THERE IS A SECOND, I WILL, UH, DESCRIBE WHAT THE EFFECT OF THAT MOTION IS.
I MAKE A MOTION THAT WE FURTHER CONTINUE THIS ZONING REQUEST TO WHAT DATE, SIR? WHAT SECOND JULY 7TH.
IS THERE A SECOND? COMMISSIONER WOODSON? SECOND IS THE SECOND.
UH, AND THIS IS FOR THE APPLICANT AS WELL AS THE NEIGHBORS.
UH, THIS IS A SECOND CONTINUANCE.
UH, WHAT THAT MEANS IS, UH, IT'LL BE UP TO THE APPLICANT.
THEY CAN COME BACK JULY 7TH AND HAVE A HEARING BEFORE THIS COMMISSION, OR THEY CAN GO FORWARD TO CITY COUNCIL WITHIN THE NEXT SIX MONTHS AND IT WILL BE DEEMED TO BE A DENIAL FROM THIS COMMISSION RECOMMENDATION RECOMMENDATION OF DENIAL.
UM, SO THAT'S THE CURRENT MOTION.
UH, IT'S NOW OPEN FOR DISCUSSION TO MY LEFT, YES.
COMMISSIONER ELL, UM, O ONLY, UH, TO ASK AND TO CONFIRM THAT THE AMOUNT OF TIME WOULD BE SUFFICIENT FOR WHATEVER NEEDS TO GET WORKED OUT TO GET WORKED OUT.
UM, I WASN'T PART OF THAT CONVERSATION, BUT, UM, IF, IF IT WAS NECESSARY TO GIVE MORE TIME, I WOULD THINK IT PREFERABLE THAN US HAVING TO HAVE IT COME BACK TO US PREMATURELY.
UH, WE DO NOT ASK QUESTIONS OF OTHER COMMISSIONERS, UH, IN THIS BOARD OR COMMISSION.
UH, ANY FURTHER DISCUSSION TO MY LEFT? SEEING NONE TO MY RIGHT DISCUSSION.
UM, AND JUST TO ADDRESS THAT BRIEFLY, YOU KNOW, THERE IS TECHNICALLY NO LIMIT TO CONTINUANCES.
[01:45:01]
A PRACTICAL LIMIT.UH, AND OF COURSE THE APPLICANT CAN ALWAYS AFTER TWO, DETERMINE THAT THEY ARE SICK OF WAITING ON US AND THEY DON'T WANT TO DO SO, AND THEY CAN MOVE ON TO COUNSEL WITH THAT RECOMMENDATION OF DENIAL.
BUT AT THIS POINT, THE MOTION ON THE FLOOR IS FOR ITEM ONE A MOTION TO CONTINUE THAT CASE UNTIL JULY 7TH BY COMMISSIONER KELLY WITH A SECOND BY COMMISSIONER TSET ROLL CALL, VOTE PLEASE.
ALRIGHT LADIES AND GENTLEMEN, UH, WE'LL SEE YOU IN ABOUT FIVE WEEKS OR GOOD LUCK AT CITY COUNCIL.
UH, WE ARE GONNA MOVE ON NOW WE'RE GONNA TAKE SOMETHING A LITTLE OUT OF ORDER.
WE'RE GONNA GO TO ITEM NUMBER NINE.
MY NAME IS JOEL PALUS, ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER NINE IS LOCATED AT 1301 ROOSEVELT AVENUE, GOING FROM C ONE LIKE COMMERCIAL TO C TWO CD COMMERCIAL DISTRICT WITH THE CONDITIONAL USE FOR ALCOHOL BAR AND OR TAVERN WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK WITH ALL OVERLAYS REMAINING THE SAME.
THERE WERE 29 NOTICES SENT OUT, ZERO RECEIVED IN FAVOR, ONE OPPOSED WITHIN 200 FEET.
THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED OUTSIDE.
AND THE RIVERSIDE NEIGHBORHOOD ASSOCI ASSOCIATION IS ALSO OPPOSED.
THE APPLICANT SUBMITTED A PETITION OF CONSENT WITH FIVE SIGNATURES IN SUPPORT WITHIN 200 FEET AND EIGHT OUTSIDE 200 FEET.
HOWEVER, THE PROPOSED USE IS NOT EXPLICITLY STATED IN THIS PETITION.
THE SUBJECT PROPERTY IS LOCATED WITHIN THE DOWNTOWN AREA REGIONAL CENTER PLAN, ADOPTED IN 2019 AND IS CURRENTLY DESIGNATED AS URBAN MIX USE IN THE FUTURE LAND USE COMPONENT OF THE PLAN.
THE REQUESTED C TWO COMMERCIAL BAY ZONING DISTRICT IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION.
STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST.
THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA.
THE SURROUNDING PROPERTIES ARE ZONED C ONE, LIKE COMMERCIAL C TWO COMMERCIAL AND MF 25 LOW DENSITY MULTIFAMILY DISTRICT.
THE EXISTING C ONE LIGHT COMMERCIAL DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
LIKEWISE, THE REQUESTED C TWO CD COMMERCIAL DISTRICT WITH THE CONDITIONAL USE FOR THE ALCOHOL BARN TAVERN IS ALSO APPROPRIATE.
THE PROPERTY IS SITUATED ALONG ROOSEVELT AVENUE, A PRIMARY ARTERIO CAPABLE OF SUPPORTING A BROAD RANGE OF COMMERCIAL USES AND ASSOCIATED TRAFFIC DEMANDS WITHIN THE MIXED USE NATURE OF THIS CORRIDOR.
THE PROPOSED USE IS COMPATIBLE AND CONSISTENT WITH THE ESTABLISHED CHARACTER OF THE AREA, WHICH INCLUDES A GAS STATION, CONVENIENCE STORES, MOTELS, TIRE AND MUFFLER SHOP RESTAURANTS AND, AND ANOTHER BARN TAVERN.
THEREFORE, STAFF FINDS THE REQUEST TO ZONE IN TO BE APPROPRIATE FOR THE SUBJECT PROPERTY COMPATIBLE WITH THE SURROUNDING COMMERCIAL USES AND CONSISTENT WITH THE EXISTING DEVELOPMENT PATTERN ALONG THE ROOSEVELT AVENUE CORRIDOR.
STAFF RECOMMENDS APPROVAL FOR THE ZONING IN REQUEST AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
IF WE COULD HAVE THE APPLICANT PLEASE AND COME UP AND TELL YOUR NAME AND YOUR ADDRESS.
HELLO, MY NAME IS MARK GARCIA, 1301 ROOSEVELT AVENUE.
IF YOU WOULD TELL US ABOUT YOUR REQUEST, UM, REQUESTED REZONE THIS PROPERTY.
UM, WHEN WE FIRST GOT TO THIS PROPERTY, I DIDN'T THINK WE, I DIDN'T KNOW ANYTHING ABOUT REZONING.
I THOUGHT BECAUSE IT WAS A BAR IN THE PAST THAT THERE WAS NOT GONNA BE ANY KIND OF ISSUES OR PROBLEMS WITH IT.
UM, ALONG THE WAY I STARTED LEARNING ABOUT THIS, UH, STUFF ABOUT REZONING, WHICH I HAVE NO CLUE ABOUT.
BRAND NEW TO THIS, BRAND NEW TO BEING A BUSINESS OWNER, MY WIFE AND I.
SO, UM, WE RUN INTO THESE LITTLE ISSUES HERE AND ALL WE WANT TO DO IS HAVE OUR OWN LITTLE BUSINESS, UH, PROPER SOCIAL BUSINESS AND, UM, JUST TRYING TO DO THE BEST WE CAN FOR, FOR THE COMMUNITY, GIVE BACK TO THE COMMUNITY AND AS WELL AS HAVING A SMALL SOCIAL SPOT TOO FOR MY FRIENDS TO HANG OUT AT.
UM, NOT MEANING WE HAVE ANY KIND OF BAD PEOPLE THAT WE WANT TO LURE
[01:50:01]
INTO THIS PLACE.I HAVE A LOT OF BUSINESS PEOPLE, UH, THAT ARE BEHIND ME, UH, TO GET THIS THING GOING.
UM, UH, IT'S, IT'S A CLEAN PLACE.
UM, I JUST, ANYTHING THAT Y'ALL NEED TO KNOW MORE ABOUT THIS.
DO WE HAVE ANY PUBLIC COMMENT? WE DO.
WE'LL CALL YOU BACK UP FOR REBUTTAL ONCE WE HEAR THANK, THANK YOU.
FIRST WE HAVE MR. JEFF HUNT TO BE FOLLOWED BY JACOB STEDHAM.
I'M THE PRESIDENT OF ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION.
UH, THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS UNANIMOUSLY AGAINST THE CHANGE IN ZONING FOR 1301 ROOSEVELT AVENUE.
AND THERE ARE THREE CLEAR REASONS WHY THE ZONING CHANGE SHOULD NOT HAPPEN FIRST AND MOST IMPORTANTLY, CHANGING THE ZONING COULD CONTINUE TO THREATEN PUBLIC SAFETY.
THIS PROPERTY IS IN THE MIDDLE OF A HIGH CRIME RATE AREA.
THIS LOCATION WAS DEEMED AS AN SAPD HOTSPOT.
PROSTITUTION AND THE SALE OF ILLEGAL DRUGS IS RAMPANT SPECIFICALLY ON THIS BLOCK OF ROOSEVELT AVENUE.
A CHANGE IN THE ZONING WOULD EXACERBATE THE ILLEGAL ACTIVITY THAT COMES WITH THIS TYPE OF ZONING.
SECOND, THE, IN 2018 WITH OUR NEIGHBORHOOD ASSOCIATION SUPPORT, THE WORLD HERITAGE ORGANIZATION CHANGED ALL THE ZONING ALONG THE ROOSEVELT AVENUE AVENUE CORRIDOR.
THE PURPOSE WAS TO CREATE A SAFER THOROUGHFARE THAT SUPPORTS DIVERSE OFFERINGS FOR RESIDENTS AND TOURISTS.
A CHANGE IN ZONING WOULD UNDERMINE THE MISSION THAT WAS ESTABLISHED EIGHT YEARS AGO BY CITYWIDE STAKEHOLDERS.
AND THIRD, THE AMOUNT OF PARKING SPACES DOES NOT MEET THE REQUIREMENT FOR THE CONDITIONAL USE OF A BAR AND TAVERN.
UM, THIS PROPERTY IS OVER 3,600 SQUARE FEET, WHICH MEANS THEY MUST PROVIDE 36 PARKING SPACES.
THEY HAVE LESS THAN HALF OF THAT REQUIREMENT.
THIS WOULD ALSO CAUSE CAR CONGESTION INTO THE RESIDENTIAL NEIGHBORHOODS.
UM, AND THEY ARE LANDLOCKED AND CANNOT ADD ADDITIONAL SPACES.
UM, IN GOOD FAITH, THE OFFICERS OF THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION HAVE MET WITH THE CURRENT OWNER AND THE PROPERTY AND THE RENTERS WHO HAVE APPLIED.
UM, WE'VE TRIED TO COME UP WITH DIFFERENT WAYS, UH, TO, TO CHANGE THEIR, THEIR, THEIR BUSINESS MODEL, UH, TO WHERE IT IS CURRENTLY ZONED.
UM, BUT WE WERE NOT SUCCESSFUL.
UM, THE RIVERSIDE NEIGHBORHOOD ASSOCIATION, ALONG WITH OUR SAFE OFFICERS AND THE WORLD HERITAGE ORGANIZATION DO NOT SUPPORT THIS.
AND WE PLEASE ASK YOU TO VOTE.
AND BEFORE MR. STU COMES UP, UH, I DO WANT TO MAKE A DISCLOSURE THAT I AM A MEMBER OF THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION BOARD, BUT I TOOK NO PART IN THAT, IN THE DETERMINATION OF THIS MATTER AND THEIR RECOMMENDATION.
ALRIGHT, MR. HAM AND AFTER MR. STEDHAM, IT'LL BE MR. RAE SETTLES.
UH, MY NAME IS JACOB SET AND MY ADDRESS IS 1 3 2 CASTILLO AVENUE.
GOOD AFTERNOON, CHAIRPERSON AND MEMBERS OF THE ZONING COMMISSION.
THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY.
UH, I HAVE LIVED IN THE ROOSEVELT PARK NEIGHBORHOOD FOR THE LAST SEVEN YEARS AND I'VE SERVED ON THE NEIGHBORHOOD ASSOCIATION BOARD FOR THE LAST 18 MONTHS.
AND I'M SPEAKING THIS AFTERNOON TO EXPRESS MY OPPOSITION TO THE PROPOSED REZONING OF 1301 ROOSEVELT AVENUE, THE CORNER OF ROOSEVELT AVENUE AND EAST MITCHELL STREET.
WHERE THE PROPERTY IS LOCATED IS THE MOST PROBLEMATIC AND UNSAFE AREA OF OUR NEIGHBORHOOD.
I HAVE ATTENDED MORE THAN 30 NEIGHBORHOOD ASSOCIATION MEETINGS OVER THE LAST SEVEN YEARS AND THE LOCATION HAS BEEN BROUGHT UP AS A TOPIC OF CONCERN AT EVERY SINGLE MEETING.
OUR NEIGHBORHOOD SAFE OFFICER DISTRICT THREE CITY COUNCIL OFFICIALS AND LOCAL RESIDENTS HAVE CONSISTENTLY REPORTED WITNESSING PROSTITUTION, DRUG DEALING, ASSAULT, AND OTHER ILLEGAL ACTIVITY.
AT THIS INTERSECTION, SAPD EXECUTED DART WARRANTS AGAINST THE CORONER ONCE IN 2018 AND AGAIN IN 2023.
IN RESPONSE TO THE HUNDREDS OF COMPLAINTS CALLED ON THIS AREA, THE D THREE CITY COUNCIL OFFICE, WORLD HERITAGE OFFICE, SAN ANTONIO POLICE DEPARTMENT AND ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION HAVE WORKED TOGETHER DILIGENTLY TO ADDRESS THE UNDERLYING ISSUES AND TO IMPROVE THIS AREA.
A VOTE TO APPROVE REZONING THIS PROPERTY FOR USE AS A BAR TAVERN WOULD UNDERMINE THOSE MANY YEARS OF COMMUNITY EFFORT.
I STRONGLY ENCOURAGE THE APPLICANTS TO PURSUE A BUSINESS MODEL THAT WILL BETTER SERVE THE NEIGHBORHOOD UNDER THE PROPERTY'S CURRENT C ONE ZONING.
AND I ASK THE ZONING COMMISSION TO REINFORCE LOCAL EFFORTS TO IMPROVE THIS TROUBLED AREA BY VOTING NO TO THE PROPOSED ZONING CHANGE.
THANK YOU FOR YOUR TIME, CONSIDERATION, AND SUPPORT.
AND I'M SORRY I DIDN'T CATCH THE LAST NAME.
FOR THE NEXT PERSON, UH, MR. RAY SETTLES.
[01:55:02]
HI EVERYBODY.MY NAME IS RAY SETTLES AND I LIVE IN 1 0 9 ANDERSON.
I AM THE OWNER OF 1301 OF THE BUILDING.
I OWN 3 46 RIGHT BEHIND IT WITH THE RESTAURANT AND ALSO APARTMENT NEXT DOOR.
IT'S BEEN A BAR ALL THESE YEARS SINCE, SINCE 2022, SINCE COVID HIT IT.
WHEN COVID HIT IT, IT BECAME A CHURCH FOR FOUR YEARS.
AND NOW I'M RUNNING BACK TO MARK THE BARS THAT I HAD FOR ALMOST 30 YEARS.
I NEVER HAD NO PROBLEM WITH THE SURROUNDING AROUND IT BECAUSE I CONTROLLED IT.
I CONTROLLED THE WHOLE CORNER.
I, UM, IT, IT BOUGHT ME GOOD BUSINESS.
THE RESTAURANT WAS 24 HOURS, IT BOUGHT ME GOOD BUSINESS AND ME AND MY DAD STARTED IT.
TO THIS DAY, I'M STILL THERE AND I WILL MAKE SURE IT'S CONTROLLED.
ALL THIS PROSTITUTION AND ALL THAT HAS BEEN THERE SINCE DAY ONE THAT I STARTED AND I CONTROLLED IT.
SO MARK NEEDS THE BUSINESS AND I NEED THE BUSINESS TOO.
SO LET IT LET IT BE A BAR AND LET IT BE THE RESTAURANT BEHIND IT.
UM, I NEVER HAD NO PROBLEMS WHEN I HAD THE BAR AND, UM, THE SURROUNDING IS WHAT IT IS, BUT PEOPLE HAS, THE BAR HAS TO CONTROL IT.
SO HOPE YOU WILL MAKE IT A BAR AGAIN.
THAT'S WHY PEOPLE ARE RUNNING AROUND THERE BECAUSE THERE'S NOTHING IN HERE NO MORE.
ALRIGHT, THANK YOU MR. SETTLES.
ANY FURTHER PUBLIC COMMENT? THAT'S IT FOR PUBLIC COMMENT.
MR. GARCIA, WOULD YOU LIKE A BRIEF REBUTTAL? UM, WELL, UM, THE REASON I'M, I'M HERE, I JUST, I'M HOPING THAT MAYBE YOU GUYS COULD, UH, ACCEPT THE, THE YESES THAT I NEED TO OPEN UP THIS BAR.
UM, I KNOW THERE'S SEVERAL BARS ALONG THE WAY.
UM, THERE'S MOTELS AROUND THOSE BARS AS WELL.
UM, I'M NOT COMPARING MYSELF TO THEM, BUT YOU KNOW, I AM JUST, JUST TRYING TO START A BUSINESS.
UM, I'VE BEEN A BAIL BONDSMAN FOR 24 YEARS.
I'VE BEEN AROUND LAW ENFORCEMENT FOR A LITTLE BIT OVER 24 YEARS.
UM, THERE'S, I DON'T THINK THAT HAVING A BAR IN THIS PLACE IS GONNA, UH, INFEST THE PROSTITUTION OR BRING UP MORE DRUG CRIME THAT THERE IS ALREADY IN THAT NEIGHBORHOOD, WHICH I TALKED TO SAFE OFFICERS AND THEY SAID THAT THEY HAD CLEANED IT UP A LITTLE BIT MORE THAN WHAT IT WAS.
UM, I HAD SAFE OFFICERS COME TO THE PROPERTY, LOOKED AT THE PROPERTY.
UM, UH, LIKE I SAID, YOU KNOW, THERE'S, UH, WE DID THIS IN REVERSE.
WHAT I MEAN IS WE BUILT A BAR IN THERE NOT KNOWING ABOUT REZONING OR HOW MUCH TROUBLE WE'RE GONNA HAVE.
UM, WE'VE BEEN HAVING, YOU KNOW, JUST AN EMPTY LOCATION, WHICH NOTHING HAS BEEN DONE, BUT TWO BIRTHDAY PARTIES IN THERE THAT WERE PRIVATE PARTIES FOR US.
I CAN'T EVEN SELL BOTTLE OF WATER OR A GLASS OF WATER.
UM, I'M JUST ASKING FOR EVERYBODY TO PLEASE GIVE MY WIFE AND I A CHANCE TO TRY TO ESTABLISH THIS BUSINESS AND, UH, AND AS WELL AS, AS WE GROW, WE COULD GIVE BACK TO THE COMMUNITY, INVITE PEOPLE OVER TO, WE HAVE A NICE LITTLE PATIO.
THEY COULD SELL THEIR LITTLE ITEMS THERE OR WHATEVER THEY WANT TO SELL.
LEGAL ITEMS, NOT ILLEGAL ITEMS. OKAY.
SO, UM, HOPEFULLY YOU GUYS, UM, WILL HELP US OUT TODAY.
THIS IS A DISTRICT THREE CASE.
SO COMMISSIONER HINOJOSA TO YOU FOR QUESTIONS.
A COUPLE QUESTIONS FOR STAFF TO START OFF.
UH, WHEN DID THE APPLICANT SUBMIT THEIR APPLICATION AND WHY WAS THERE A BIT OF A GAP? WHO, WHO WOULD ANSWER JEWEL OR, SORRY, JUST GIVE US ONE SECOND.
WE RECEIVED THE APPLICATION IN FEBRUARY THE THIRD.
AND AT THAT POINT IT WAS DEEMED INCOMPLETE AND I WAS WORKING WITH THE APPLICANT TO GET HIS MISSING REQUIREMENTS, WHICH WAS, UM, HE NEEDED A CERTIFIED SURVEY MAP SHOWING THE MEETS AND BOUNDS AND ALSO A SITE PLAN.
[02:00:03]
THE PROPERTY WAS INCLUDED IN A LARGE AREA REZONING, UH, FAIRLY RECENT, A COUPLE YEARS BACK.UH, 'CAUSE YOU KNOW, I KNOW THAT AREA THAT IT'S A PRETTY HIGH CRIME AREA.
EVEN THE APPLICANT THEMSELVES SAID, YOU KNOW, WHEN THEY'RE NOT GONNA ADD TO THE PROSTITUTION OR ADD TO THE CRIME.
SO OBVIOUSLY THERE IS CRIME AND PROSTITUTION IN THE AREA.
I KNOW THE, UH, THE INTENTION FOR THE DOWNGRADE TO REZONING THE LARGE AREA REZONING WAS TO HELP WITH THAT.
UM, BUT A QUESTION IS, UH, AND I THINK ZONING STAFF, UH, WENT AHEAD AND WAS APPROVED THE, THE DOWNGRADE, BUT WHY, WHY IS THE CITY NOW OR CITY STAFF APPROVING THIS? SO SINCE THIS WILL BE MORE OF AN INTENSE USE THAN THE DOWNGRADE TO C ONE? CORRECT.
IT IS MORE OF AN INTENSE USE, BUT IT'S ALSO SUPPORTED IN THE LAND USE PLAN.
UM, THE APPLICANT DID CONSIDER OTHER USES, BUT BASED ON HIS BUSINESS PROPOSAL, REZONED INTO THE C TWO CD, OR HE COULD HAVE KEPT IT AS C ONE CD FOR THE ALCOHOL BAR USE WOULD'VE ALSO WORKED AS WELL.
SO HE COULD HAVE REQUESTED C ONE VERSUS UP ZONE INTO C TWO.
AND PARKING SPACES, THIS IS WHERE I KIND OF GOT REALLY LOST PARKING SPACES FOR THIS, UH, ZONING REQUEST.
UH, IT DOESN'T SEEM TO BE COMPATIBLE WHAT THE PARKING SPACES THEY HAVE CURRENTLY.
CAN YOU ENLIGHTEN ME ABOUT, UH, LET ME KNOW ABOUT THAT A LITTLE BIT MORE.
WELL, JUST BASED ON THE SUBMITTED SITE PLAN, IT DOES SEEM LACKING BECAUSE THE MINIMUM PARKING REQUIREMENT IS ONE SPACE PER 100 SQUARE FEET, AND THE MAXIMUM IS ONE SPACE PER 75 SQUARE FEET.
UM, BUT IF THIS REZONING WAS APPROVED AND HE WENT THROUGH PERMITTING PROCESS, UM, THAT'S SOMETHING HE WOULD HAVE TO, UM, TACKLE WITH TRAFFIC.
SO, SO REMIND ME, SO THE PARKING PROBABLY WOULDN'T SUFFICE THE ZONING REQUEST, BUT THAT WOULD HAPPEN AT A LATER POINT? YEAH, THAT'S CORRECT.
WILL THAT ALLOW FOR A BAIL BONDS BUSINESS BY RIGHT.
NO, IT IS NOT PERMITTED BY RIGHT.
IN A C TWO, IT WOULD NEED A SPECIFIC USE AUTHORIZATION.
AND THEN, UH, TECHNICALLY I THINK HE MENTIONED HE COULDN'T SELL, UH, BOTTLED WATER, BUT I MEAN, TECHNICALLY HE COULD SELL BOTTLED WATER, RIGHT? OR NON-ALCOHOLIC DRINKS AT THAT LOCATION, AT THE CURRENT ZONING? WELL, RIGHT NOW, UM, SO I THINK IT WAS BROUGHT UP TO LOOK INTO A FOOD SERVICE ESTABLISHMENT.
SO BASICALLY WHAT WOULD PUT IT INTO A BAR STATUS IS IF 75% OR MORE OF YOUR PROFIT IS FOR ALCOHOLIC SALES.
SO TECHNICALLY HE COULD SELL FOOD, WHICH WOULD INCLUDE WATER SINCE IT'S A NON-ALCOHOLIC ITEM.
UM, BUT AGAIN, ONCE HIS SALES GO OVER THAT 75% MARGIN, THEN IT WOULD BE CONSIDERED A BAR.
AND THEN, UH, ONE QUESTION FOR THE APPLICANT, SIR, IF YOU WANNA COME UP HERE, AND AGAIN, UH, YOU KNOW, I, THE WAY I LOOK AT IT'S, YOU KNOW, NEIGHBORHOODS, ASSOCIATIONS AND DIRECT NEIGHBORS, UM, AND, AND OF COURSE NOTHING IS, IS PERSONAL BECAUSE, YOU KNOW, ONCE WE CHANGE THE ZONING, IT'S GONNA GO, YOU KNOW, WITH THE LAND.
YOU COULD SELL THAT OR, OR, OR MR. UH, SETTLES COULD SELL THAT.
AND, UH, YOU KNOW, IT, IT'S, IT'S ALREADY THERE.
SO MY, MY QUESTION TO YOU WOULD BE, AND I KNOW YOU, YOU SEEM VERY IN INTENTIOUS THAT YOU WANT TO, YOU WANNA KEEP THIS, YOU KNOW, GRADE AND YOU WANT TO HELP AND ALL THAT.
UM, I KNOW WHEN WE MET AT THE DISTRICT THREE OFFICE WITH, UH, UH, RIVERSIDE AND, AND ROOSEVELT NEIGHBORHOOD ASSOCIATION AND YOURSELF AND, AND YOUR WIFE, WE, UH, WAS THERE ANY, LIKE, ANY CON CONDITIONS THAT YOU WOULD THINK THAT YOU COULD LIKE, ADD TO IT OR, OR APPLY? UH, WE DID, UH, WE DID DISCUSS THAT, UM, I BELIEVE THE APPLICATION THAT, THAT WE DID, UH, WE SAID 2:00 AM AND THEY ASKED ME, WELL, WILL YOU CONSIDER MIDNIGHT? I SAID, OF COURSE WE COULD CONSIDER THAT.
AND THAT'S WHEN YOU GUYS ASKED ME, OH, YOU WILL CONSIDER, I SAID, YES, I WILL CONSIDER MIDNIGHT.
YOU KNOW, INSTEAD OF THE 2:00 AM UH, CLOSING TIME.
UH, AND I THINK SOME LIGHTING HAD BEEN BROUGHT UP.
ARE YOU THE LIGHTING? WE HAVE LIGHTING, AND IF WE NEED MORE LIGHT, I DON'T THINK WE NEED MORE LIGHTING ON THE, THE PARKING LOT OR IN THE FRONT OF THE BUSINESS, BUT IF THAT'S SOMETHING THAT, UH, IS REQUIRED MORE LIGHTING, I DON'T KNOW HOW MUCH MORE LIGHTING YOU ALL MIGHT NEED.
BUT, AND, AND THEN ONE LAST QUESTION FOR YOU, UH, PARKING.
SO AT SOME POINT, IF THIS WOULD GET APPROVED, UH, THERE'S GONNA BE A STOP, RIGHT? BECAUSE YOU DON'T HAVE ENOUGH PARKING.
SO HAVE YOU THOUGHT ABOUT HOW YOU WOULD ADDRESS THAT? UH, YES.
UM, I DID SPEAK TO THE OWNER OF THE RAFA'S TIRE SHOP
[02:05:01]
AND HE SAID, HEY, YOU KNOW, ONCE WE CLOSE, IF YOU WANT TO USE OUR PARKING, YOU'RE MORE THAN WELCOME TO.UM, AND ALSO WITH THE JUVENILE DETENTION CENTER, THEY SAID, UH, WE COULD USE SOME OF THEIR PARKING AS WELL.
A QUESTION FOR STAFF, WOULD THAT BE, YOU CAN SIT DOWN, WOULD, WOULD THAT BE PERMISSIBLE THAT THEY COULD USE, UH, PARKING SPACES OUTSIDE THEIR BOUNDARIES? YES.
UH, I THINK, UH, MR. SPARROW MENTIONED A LITTLE BIT EARLIER YOU COULD DO A COOPERATIVE PARKING AGREEMENT.
AND THEN ONE QUESTION FOR MR. SETTLES, IF YOU WANNA COME DOWN HERE.
UH, THE QUESTION I'M GONNA ASK YOU IS, UH, I KNOW YOU, YOU'RE, YOU'RE INTENT, UH, IS TO RENT THIS OUT AND, AND, AND YOU ARE, ARE VERY PASSIONATE TOO, THAT YOU WANNA KEEP THIS SAFE AND, AND, AND, AND, AND, AND ALL THAT.
BUT I, WHEN YOU TELL ME THAT, I'M THINKING, ARE YOU GONNA BE THERE EVERY NIGHT TILL MIDNIGHT TO MAKE SURE THESE, THESE DRIVERS ARE SAFE AND THE PROSTITUTIONS ARE NOT PHONE, ARE THE PROSTITUTES ARE NOT.
I MEAN, I'LL STOP BY AND, YOU KNOW, DRINK A BEER.
WELL, YEAH, I KNOW THAT PROBABLY WASN'T THE CORRECT COMMENT, BUT, OKAY.
UH, STAFF, FINAL QUESTION FOR YOU, I THINK IS GONNA BE OUTDOOR MUSIC AND SPEAKERS.
ANY BUSINESS COULD POTENTIALLY HAVE THAT.
BUT AS, UH, CHAIR BUSANTE HAD SAID IN THE LAST ITEM, IF IT COULD BE ADDED AS A CONDITION TO, TO LIMIT THAT.
UM, ANY QUESTIONS? TO MY RIGHT? SEEING NONE QUESTIONS TO MY LEFT? YES.
COMMISSIONER ELL, UH, IS, UH, MR. HUNT HERE? YES.
I, I'M NOT AS FAMILIAR, UH, WITH THIS PART OF TOWN.
UM, I, I WAS WONDERING IF YOU COULD JUST GIMME A LITTLE, UH, UH, ORIENTATION.
I WAS LOOKING UP ON YOUR, YOUR WEBSITE.
UH, YOU GUYS, UH, ARE A VOLUNTARY HOA OR IS IT A YES.
AND THEN, UM, I SEE THAT YOU'RE ON BOTH SIDES OF THE, THE FREEWAY.
UM, SO YOU, YOU HAVE MEMBERS ON THE SOUTH SIDE OF THE FREEWAY, CORRECT? YOU NOT EXCLUSIVELY.
OUR NEIGHBORHOOD IS SPLIT INTO HALF AND 90 SPLITS US.
SO WE HAVE A NORTHERN SIDE AND A SOUTHERN, BUT WE'RE ABOUT HALF HALF.
YEAH, THAT WAS THE, THE QUESTION FOR ME THERE.
UM, UH, TO CLARIFY THAT, UH, IF I COULD HAVE THE, UM, APPLICANT COME UP AGAIN.
SO, YOU KNOW, WE ASKED THE PROPERTY OWNER, UH, ABOUT THE PUBLIC SAFETY ISSUE.
UM, I, I WANTED TO POSE THE SAME QUESTION TO YOU.
WHAT, YOU KNOW, WHAT WAYS ARE YOU ANTICIPATING WHEN YOU OPERATE THE BUSINESS, UH, TO BE ABLE TO CONTROL FOR THOSE KIND OF PUBLIC SAFETY ISSUES? YOU KNOW, YOU'VE HEARD COMPLAINTS ABOUT THE KIND OF, YOU KNOW, ILLICIT ACTIVITIES THAT WERE, YOU KNOW, HAVE BEEN DONE IN THE PAST ON THIS BLOCK.
UM, SO WHAT, YOU KNOW, WHAT KIND OF PLANS DO YOU HAVE TO, UM, GIVE US A, A BETTER SENSE OF WHAT KIND OF OPERATION YOU'RE TRYING TO RUN? WELL, I HAVE, UH, PLANS OF, UH, HAVING, WELL, FIRST OF ALL, WE HAVE SECURITY CAMERAS ALL OVER THE BUILDING.
THAT'S MONITORED, UM, BY A COMPANY THAT AUTOMATICALLY CALLS SAPD.
EVER SINCE WE'VE HAD THAT, WE HAVE NEVER HAD ANY CALLS FROM OUR SECURITY COMPANY THAT SOMETHING WAS GOING WRONG.
THAT'S ONE, TWO, UM, IF WE HAVE SOME KIND OF AN EVENT IN THERE, UM, I DO SUPPLY, I AM GONNA SUPPLY, UH, UH, SECURITY AS WELL.
NOT THAT WE NEED IT, BUT JUST, YOU KNOW, I JUST WANT THE, THE PUBLIC AND THE COMMUNITY TO KNOW THAT IT'S THE SERVICES THERE.
YOU KNOW, UM, UH, A LOT OF THE PEOPLE THAT ARE GONNA GO, THEY'RE, UH, THEY'RE LAW ENFORCEMENT, YOU KNOW, UM, SOMETHING GOES WRONG NEXT DAY.
I'M PRETTY SURE THAT THE OFFICE, THEIR OFFICE WILL HEAR ABOUT IT AND YOU KNOW, SO I THINK THAT THIS ESTABLISHMENT WILL BE A PRETTY SAFE PLACE, UM, YOU KNOW, TO GO, I'M NOT GONNA SAY LEAVE YOUR WALLET ON, ON THE COUNTER TABLE AND NOBODY'S GONNA TAKE IT BECAUSE I DON'T KNOW THAT.
BUT, UM, YOU KNOW, IT'S, UH, I, I DON'T THINK THAT WE ARE GONNA HAVE A BAD CROWD THERE, I SHOULD SAY.
YOU KNOW, I THINK IT'S MORE OF A BETTER OLDER CROWD THAT WILL BE GOING HERE.
AGAIN, IT'S NOT ONLY ONE TYPE OF MUSIC, IT'S ALL TYPE OF MUSIC AND STANDUP COMEDY AND A KARAOKE THAT, THAT KIND OF, UH, ENVIRONMENT THAT WOULD BE.
SO, UH, I SEE A, A BLOCK AWAY, UH, FROM THE PROPERTY.
THERE'S A COCO LOCO SPORTS BAR.
I'VE NEVER BEEN IN THERE, BUT I KNOW IT'S THERE.
OKAY, SO, I MEAN, YOU HAVEN'T BEEN THERE BEFORE, SO IT'S NOT AS FAIR OF A QUESTION, BUT COMPARED WITH COCO
[02:10:01]
LOCO, WHAT'S, WHAT'S THE VIBE YOU GUYS ARE GOING FOR IN COMPARISON WITH COCO LOCO AGAIN? UM, I'VE NEVER BEEN IN THERE.I DON'T KNOW WHAT KIND OF CROWD GOES IN THERE.
I DON'T KNOW THE, THEIR ATMOSPHERE, UM, COMPARED TO THE ATMOSPHERE, UM, THAT I'M GONNA HAVE.
LIKE I GAVE SOME OF THE GUYS HERE EXAMPLES.
UH, HAVE YOU EVER HEARD OF THE CADILLAC BAR DOWNTOWN? OKAY.
THE ATMOSPHERE THAT WENT IN THERE IS THE ATMOSPHERE THAT, UM, THAT WILL BE IN THIS BAR.
I HAVE NOT PUBLISHED THE, THE NAME OF THE BAR.
THE NAME OF THE BAR IS CALLED THE DOCKET CALL.
I HAVEN'T PUT THAT UP YET BECAUSE I DON'T HAVE A PERMIT, AND I'M NOT GONNA PUT A NAME OF A BAR WITHOUT A PERMIT UNTIL I HAVE MY PERMIT.
AND THEN I COULD, I COULD PROUDLY PUT A, A, THE, THE, THE DOCKET CALL LLC UP THERE.
COMMISSIONER SUP? PROBABLY A QUESTION FOR THE PROPERTY OWNER AND MR. SHUTTLE AND THEN POSSIBLY THE STAFF ALSO, UH, JUST FLIPPING BACK AT PAST USES ON, UH, GOOGLE IN 2014, IT WAS THE CORNER CLUB 2014.
IT WAS THE BAR FULL SERVICE BAR KARAOKE.
THEN IT WAS THE, UH, FIREHOUSE CHURCH FOR A COUPLE OF YEARS.
AND NOW IT'S VACANT, BUT THE CHURCH AND MAYBE THESE OTHERS WOULD'VE REQUIRED MORE PARKING AND MAYBE CERTAIN KIND OF PERMITTING.
UH, WHY WAS THAT ISSUE? I NEVER, I NEVER HAD A PROBLEM WITH PARKING.
'CAUSE IT WAS NOW LIKE A FULL HOUSE ALL THE TIME.
I EVEN HAD THE RESTAURANT THERE.
IT WAS 24 HOURS AND I NEVER HAD PARKING.
I HAD THE RESTAURANT THERE FOR, FOR 30 YEARS.
I HAD THE BAR THERE FOR 30, 33 YEARS.
AND THEY DID, THEY PARKED COST ME AT RAFA'S.
AND I HAVE THE PARK PARKING THERE RIGHT BEHIND THE APARTMENT.
IT'S THE WHOLE SO YOU OWN MORE PROPERTY AROUND IT? YEAH, I OWN THE WHOLE, I OWN THE PARKING LOT.
ARE YOU GONNA ALLOW HIM TO OH, YES.
SO THAT'S PART OF HIS DEALS THAT HE HAS PARKED.
THAT'S, THAT'S PART OF THE DEAL.
THAT WASN'T, DIDN'T SEEM TO BE ADDRESSED.
THIS IS ABOUT, YOU FIT ABOUT 30 CARS THERE IN THE BACK.
AND, UH, AND ON THE SIDE, 'CAUSE THE RESTAURANT'S GONNA BE CLOSED, SO THERE'S GONNA BE MORE PARKING, UH, FOR STAFF.
UH, THE FACT THAT IT BEEN A BAR IN THE PAST OVER THE 10 YEARS AT MUL, DIFFERENT TIMES, TWO DIFFERENT BARS.
UH, WHY WAS THAT NEVER, UH, ADDRESSED AND THEY WERE OPERATING IN THAT LOCATION? I BELIEVE THEY HAD A, AN APPROVED NON-CONFORMING USE FOR A BAR.
AND THE OWNER OR
AND SO THERE WOULD'VE BEEN A CHANGE IN AND THEN STOP USING THE NON-CONFORMING ONCE YOU STOP OUT, ARE YOU LOSE THE NON-CONFORMING RIGHTS THAT, THAT PARKING IS 1 0 5 FELICIA STREET.
FELICIA STREET, MR. SETTLES, THERE'S A POINTER RIGHT IN FRONT OF YOU IF YOU WOULD NOT TURN IT ON.
POINT IT UP THERE AND PRESS THE BUTTON.
AND IF YOU COULD SHOW WHERE THAT PARKING IS.
SO I GUESS MY QUESTION IS, WHEN WAS THE DOWN ZONING THAT CHANGED IT TO THIS ZONING? THAT DOESN'T ALLOW A BAR? UH, AND IT WAS 2018.
UM, AND IT, I, I THINK BASED ON THE HISTORY, IT WAS WENT FROM C TWO TO C ONE.
SO THEY COULD HAVE DONE A BAR UNDER C TWO AT THE TIME, OR NO? NO.
SO THEY WERE STILL OPERATING OUTSIDE OF EVEN, HOW DID THAT HAPPEN? EVEN BEFORE THE ZONING? CORRECT.
CAN I SAY WHY IT STOPPED? NO, THANK YOU.
ASK HIM, WHY WAS THAT THE CASE? WHY IT STOPPED BEING A BAR IN 2022? 'CAUSE OF COVID AND IT GOT REAL SLOW FOR THE, UM, THE, THE, THE BAR WAS THERE.
IT GOT SLOW FOR HIM, SO HE HAD TO GET OUT OF IT.
BUT YOU HAD NO ZONING ISSUES AS A BAR PRIOR TO THAT WITH THE CITY? NO.
MR. SETTLES TO MY LEFT QUESTIONS.
SEEING NONE SECOND GO ROUND TO MY RIGHT.
COMMISSIONER HUEY, UH, QUESTION FOR THE APPLICANT, PLEASE.
HELLO? SO, UH, RIGHT NOW, WHAT KIND OF BUSINESS DO YOU, ARE YOU OPERATING ON THIS PROPERTY? I DON'T OPERATE A BUSINESS.
I'VE ONLY HAD TWO BIRTHDAY PARTIES IN THERE.
THERE WERE FAMILY BIRTHDAY PARTIES AND THAT WAS IT.
I DON'T HAVE THAT OPEN FOR ANYTHING.
UH, THE OTHER QUESTION I HAVE IS, SO IF YOU WERE TO, LET'S TAKE, UH, GRANTED
[02:15:01]
PERMISSION TO, UH, REZONE, WHAT WOULD YOUR HOURS OF OPERATION BE FOR YOUR BAR? UM, WELL, IF EVERYTHING'S POSSIBLE AND LIKE I I AGREE TO CLOSE AT 12 MIDNIGHT, UH, I COULD BE OPEN MAYBE 10, 11 O'CLOCK, MAYBE NOONTIME TILL MIDNIGHT.AND THE LAST QUESTION, AND I I THINK MR. SETTLES AT, UH, KIND OF SHED SOME LIGHT ON THIS.
SO YOU ARE IN YOUR RENTAL AGREEMENT THAT YOU'RE GONNA HAVE PARKING RIGHTS TO 1 0 5 FEA ONE.
OH, UH, IS THAT THE PARKING IN THE BACK? IF IT IS, YES SIR.
YEAH, I JUST DIDN'T SHOW UP ON, ON THE MAP HERE.
ANY FURTHER QUESTIONS TO MY RIGHT? YES, COMMISSIONER HINOJOSA? UH, MY ONLY CONCERN IS I KNOW WE BRING UP THE PARKING AND WE TALKED ABOUT THIS AT THE D THREE OFFICE.
UH, AND THEN YOU MENTIONED TODAY THAT WE HAD TALKED ABOUT RAFA AND THEN THE BEAR COUNTY, UH, JUVENILE AREA, UH, WHICH I DON'T THINK THAT'S A, THAT'S PROBABLY NOT GONNA BE A, I DON'T KNOW.
BUT NOW IT, THERE'S A, THERE'S A PARKING LOT IN THE BACK THAT'S JUST, OKAY, WE'RE GONNA USE IT.
SO THAT, THAT'S MY ONLY, THAT'S MY CONCERNING IS IT SEEMS LIKE YOU GUYS WANT TO, TO REALLY HAVE THIS TO MAKE MONEY, AND I CAN UNDERSTAND THAT, BUT I DON'T KNOW.
I DON'T THAT I, I JUST WANT AS JUST A COMMENT, SO THANK YOU, SIR.
YOU CAN HAVE, YOU CAN HAVE A SEAT.
UM, QUESTION FOR, FOR QUESTION FOR STAFF, WHAT IS THE, UM, HOLD ON.
I HAVE ONE MORE QUESTION FOR YOU.
WHY ARE YOU COMING UP HERE? WHAT, HAVE YOU OPERATED OTHER BUSINESSES IN SAN ANTONIO BEFORE AS AN OWNER? NO, I'VE NEVER OWNED A BUSINESS IN MY LIFE.
UM, I'VE WORKED AT DIFFERENT LOCATIONS, YOU KNOW, BARS AND STUFF LIKE THAT.
AND THERE WAS JUST A QUESTION.
AND THE QUESTION FOR STAFF, UM, DO WE HAVE A COPY OF THIS PARKING AGREEMENT IN WRITING ALREADY? I MEAN, HAS THAT BEEN SUBMITTED OR NO, IT WAS NOT SUBMITTED.
ANY FURTHER QUESTIONS? TO MY RIGHT? SEEING NONE QUESTIONS TO MY LEFT.
UH, COMMISSIONER WHITSETT, UH, STAFF THE PROPERTY BEHIND IT, C ONE, C ONE AND NMF 25, CAN IT BE, WOULD HE GET INTO A PROBLEM USING THE C ONE PROPERTY FOR PARKING? YES.
A NON-COMMERCIAL PARKING LOT, UM, WHICH IS BASICALLY WHAT THAT USE WOULD BE IS PERMITTED BY RIGHT IN A C ONE COMMISSIONER ELL, I CAN ASK THE, UH, PRESIDENT, THE HOA PRESIDENT TO COME UP AGAIN.
SORRY, I KEEP ON HAVING YOU MAKE THE LONG WALK, BUT, SO, UH, WE HAD THE OWNER MM-HMM
WE HAD THE APPLICANT COME UP AND SPEAK ABOUT KIND OF THE, THE CHARACTER OF AN ESTABLISHMENT THAT THEY'RE TRYING TO, UH MM-HMM
SO I JUST WANTED TO GIVE YOU THE OPPORTUNITY TO RESPOND.
I'D BE INTERESTED IN YOUR, YOUR THOUGHTS IN RESPONSE TO THEIR, UH, COMMENTS.
UM, ROOSEVELT PARK, VERY DIVERSE COMMUNITY.
UM, WE, WE ACTUALLY SUPPORT A LOT OF DIVERSE, UH, BUSINESSES.
UM, WE DEFINITELY SUPPORT BARS AND TAVERNS, UM, IN OUR AREA, BUT THIS IS SUCH A HIGH CRIME AREA THAT, UM, WHEN I FIRST HAD A CONVERSATION AND LEARNED ABOUT THIS AND, AND TALKED WITH WITH, UH, MARK IN FEBRUARY, I TOLD HIM IT, IT WILL BE A HARD SELL FOR US BECAUSE WE HAVE WORKED YEARS WITH SAPD TO TRY TO START CLEANING UP THAT, THAT CORNER.
AND I, I JUST THINK THAT PUTTING THAT TYPE OF ESTABLISHMENT, UH, THERE IS JUST A POWDER KEG AND IS GONNA BE VERY DIFFICULT FOR, UM, THE APPLICANTS AND, AND FOR THE OWNER, UM, TO, TO CONTROL, UH, WHAT'S GOING ON.
UM, SO, UH, HYPOTHETICALLY, UHHUH,
BUT HYPOTHETICALLY, IF THE COMMISSION WERE TO CONSIDER MM-HMM
UH, RECOMMENDING APPROVAL MM-HMM
UH, THIS IS A REQUESTED ZONING FOR A, UH, CONDITIONAL USE AUTHORIZATION MM-HMM
UH, THAT ALLOWS FOR CERTAIN LIMITED LIST OF, UH, CONDITIONS OF APPROVAL MM-HMM
THAT THE, THE IDEA OF THOSE CONDITIONS OF APPROVAL IS TO TRY TO MITIGATE SOME OF THE NEGATIVE IMPACTS, RIGHT.
UH, OR POTENTIAL NEGATIVE IMPACTS.
SO, JUST IN, YOU KNOW, VERY BRIEFLY, YOU KNOW, WHAT, IF WE WERE TO CONSIDER, I'M NOT GONNA GO THROUGH THE LIST OF CONDITIONS, RIGHT? BUT IF WE WERE TO CONSIDER, UH, CONDITIONS OF APPROVAL, WHAT KIND OF THINGS WOULD YOU BE LOOKING FOR TO TRY TO MITIGATE THE SITUATION? UM, WELL, WE ARE WORRIED ABOUT THE C TWO, WE'RE WORRIED ABOUT THE OTHER THINGS BECAUSE IF, FOR EXAMPLE, THEY SUCCEED AND WANT TO MOVE TO A BIGGER, ESTABLISHED A BUILDING, OR LET'S SAY THEY DON'T SUCCEED, WE ARE WORRIED
[02:20:01]
THEN BECAUSE WE'LL BE STUCK WITH THAT ZONING.AND WE ARE WORRIED ABOUT THE LIST OF THINGS THAT CAN COME IN WITH THAT.
MAYBE IF STAFF, UH, COULD I ASK STAFF TO JUST GO THROUGH THE, UH, OUR CHEAT SHEET? MAN, I GOTTA LAMINATE THAT THING THAT YOU GUYS GAVE US.
UH, COULD YOU, COULD YOU GO THROUGH THE CONDITIONS THAT ARE AVAILABLE TO US WITH A CD? THE CONDITIONS? YEAH.
SO, UM, JUST THE PROTECTIVE SCREENING AND OUR BUFFERING, UM, LANDSCAPING, BUFFERING, LIGHTING, HEIGHT LIMITATIONS, SETBACKS, PARKING INGRESS AND EGRESS HOURS OF OPERATION AND SIGNAGE.
SO THE ONES THAT YOU KNOW, MIGHT BE RELEVANT HERE, UH, LIGHTING MIGHT BE ONE TO CONSIDER, RIGHT? UH, HOURS OF OPERATION, CERTAINLY.
UM, I DON'T THINK SCREENING MAKES ANY, I, I, NO, UM, NO.
AND, AND WE ARE VERY CONCERNED ABOUT PARKING BECAUSE EVEN THOUGH HE DOES OWN THOSE THREE BUILDINGS, RIGHT, THE PARKING IS ALL WEDGED BEHIND THERE.
SO I DON'T BELIEVE THAT THERE, THERE ARE THAT MANY PARKING SPACES AVAILABLE AND YOU PROBABLY CAN'T EVEN CREATE THEM.
SO I, THEY'RE SAYING RAFA IS SAYING THEY CAN DO IT, BUT WE DON'T REALLY KNOW ACTUALLY THE, THE STEP, AND I'M SORRY, PARKING IS ONE OF THE CONDITIONS, BUT, UH, WHAT, WHAT'S THE SCOPE OF THAT? WHAT DOES THAT ALLOW TO THE LOCATION? PARKING AND IN SOME INSTANCES, REDUCTION THE AMOUNT OF PARKING TO BE ALLOWED.
BUT WE COULDN'T REQUIRE THE ENTRY INTO A, UH, PARKING? NO, NOT, NOT, NO.
THANK YOU AND THANK YOU, SIR, PAT.
ALRIGHT, ANY FURTHER QUESTIONS TO MY LEFT? ALRIGHT, BRIEFLY, UM, STAFF, WOULD A C ONE CD BE AVAILABLE HERE? YES, IT WOULD.
UM, NO FURTHER QUESTIONS FROM ME.
PUBLIC HEARING IS NOW CLOSED ON THIS ITEM.
UH, COMMISSIONER HINOJOSA TO YOU FOR DISCUSSION AND MOTION? SURE.
I, I BELIEVE THAT, UH, THIS AREA WAS, UH, RECENTLY, A FEW YEARS AGO DOWNGRADED, UH, WITH A LARGE AREA REZONING, UH, FOR A REASON.
UM, THE NEIGHBORHOOD, UH, ROOSEVELT WAS VERY GRACIOUS AND VERY NICE.
UH, AND THEY, THEY SAID IF, IF THIS ESTABLISHMENT WOULD BE AT ANY OTHER AREA, UH, THEY WOULD, THEY WOULD PROBABLY SUPPORT IT.
I MEAN, THERE'S MANY AREAS, HOWEVER, THIS AREA, THIS CORNER IS SUCH A HOTSPOT THAT A BAR, UM, I BELIEVE IS NOT THE INTENDED USE OF THIS NEW DOWNGRADED LARGE ERROR REZONING.
UH, THAT BEING SAID, UM, I WOULD LIKE TO MAKE A MOTION FOR A DENIAL.
THE MOTION IS FOR A DENIAL OF ITEM NUMBER NINE BY COMMISSIONER HINOJOSA.
UH, SECOND BY COMMISSIONER KELLY.
ALRIGHT, UH, DISCUSSION TO MY RIGHT.
YEAH, I'D, YOU KNOW, I'D LIKE TO KICK OFF A LITTLE DISCUSSION ABOUT IT.
UM, I, I, I RECOGNIZE HOW, UH, ALCOHOL USES CAN, YOU KNOW, ACCELERATE CRIME AND BE A, A GATHERING PLACE, YOU KNOW, FOR, UH, CRIMINAL ACTIVITY, RIGHT? LIKE, IT, IT'S A, IT'S A PLACE WHERE PEOPLE GO AT NIGHT.
UM, ALCOHOL CAN, YOU KNOW, LEAD TO BAD CHOICES.
UM, BUT AT THE SAME TIME, UH, DEVELOPMENT, YOU, YOU DON'T ALWAYS GET TO BE, UH, UH, PICKERS AND OVER DEVELOPMENT.
UM, SO I STRUGGLE WITH A LITTLE BIT ONLY, ONLY WANNA ENCOURAGE THAT WE HAVE A LITTLE DISCUSSION BEFORE WE
UM, JUST IN THAT, UH, IT'S, IT'S A SHAME WHEN WE'RE TALKING ABOUT HOW THIS AREA IS, IS UNDERDEVELOPED, UM, AND HOW IT'S BEEN, YOU KNOW, VACANT, UM, YOU KNOW, PROHIBITING USES THAT ARE ECONOMICAL IN THIS SPACE IS, IS NOT NECESSARILY A SOLUTION TO THAT PROBLEM.
UM, ESPECIALLY IF THERE WAS A WAY TO, UH, YOU KNOW, WITH CONDITIONS OF APPROVAL TO REQUIRE LIGHTING, UH, TO TRY TO, UM, MITIGATE ANY OF THOSE IMPACTS.
BUT OPEN, YOU KNOW, I'D, I'D LOVE TO HEAR ALL YOUR THOUGHTS.
DISCUSSION TO MY LEFT COMMISSIONER.
WHAT'S THAT? IT'S A CHALLENGING, UH, DECISION.
I MEAN, TO HAVE ALL THESE EXTERNAL FACTORS, UH, IMPACT WHETHER OR NOT THIS IS AN APPROPRIATE COMMERCIAL USE LOCATION, WHETHER IT'S A BAR OR SOMETHING ELSE UNDER C TWO, UH, ALLOWANCE.
I'M, I'M STRUGGLING WITH THAT, THAT I DON'T WANNA NECESSARILY APPROVE A BAR.
BUT, UH, AT THE SAME TIME, I THINK THIS IS A, IT'S A CORNER LOCATION ON TWO THOROUGHFARES THAT ARE PROBABLY PRETTY WELL TRAFFICKED AND THERE'S OTHER COMMERCIAL ZONING RIGHT IN THAT AREA.
[02:25:01]
I'M GONNA TEND TO PROBABLY, UH, SUPPORT THE CITY'S, UH, PROPOSAL.I DON'T, I DON'T THINK THAT THE ISSUE IS NECESSARILY, UM, OVER ALCOHOL, UM, IN THAT, UH, A RESTAURANT OR SOMETHING ELSE WOULD PROBABLY BE MORE ACCEPTABLE, WHICH WOULD, COULD SELL ALCOHOL.
UM, I THINK IT'S THE, THE USAGE OF THE BAR THAT THE NEIGHBORHOOD IS, IS, UH, TROUBLED BY.
AND, UM, I THINK IN, IN, IN MY CASE, I WOULD, I WOULD PROBABLY SUPPORT WHICHEVER MOTION THAT THE, THE, THE COMMISSIONER, UH, FOR THAT AREA WOULD, WOULD, UH, MAKE.
UM, BECAUSE WHEN I FIRST LOOKED AT THIS, IT, IT LOOKED LIKE, YEAH, THIS IS RIGHT THERE.
THERE'S STOPLIGHT, DA, DA, DA, YOU KNOW, YOU KNOW, IT'S A MAJOR THOROUGHFARE, I GET THAT.
BUT THEN, BUT THEN YOU HEAR THE HISTORY OF FROM THE NEIGHBORS WHO KNOW THAT AREA BETTER THAN I KNOW THE AREA.
SO I'M TENDING, I TEND TO, TO KIND OF TRUST WHAT, WHAT, UM, UH, HOW THEY'VE COME TO THEIR DECISION.
SO I'LL BE SUPPORTING THE, THE MOTION.
ALRIGHT, ANYONE TO THE RIGHT FURTHER DISCUSSION? YES.
COMMISSIONER, HE HOSA? UH, YES.
I JUST WANT, AGAIN, WANNA STRESS THAT THIS THOROUGHFARE, YOU KNOW, ROOSEVELT, UH, THERE'S MOTELS ALL THE WAY DOWN.
IT, IT WAS SUCH A HOT SPOT WITH CRIME THAT THERE HAD TO BE A LARGE AREA REZONING TO KIND OF, AGAIN, HELP THE NEIGHBORHOOD.
UH, THE NEIGHBORS THAT I TALKED TO, OBVIOUSLY THIS WAS A ABANDONED, YOU KNOW, FACILITY THAT HAS A LOT HOMELESS.
SOMETHING THAT WOULD BE PROBABLY A DIFFERENT ISSUE.
BUT IT, IT IS SOMETHING WHERE IF YOU LOOK AT GOOGLE MAPS, IF YOU LOOK AT WHAT'S AROUND THERE, IT, YOU KNOW, IT COULD POSSIBLY BE, I THINK THE CITY'S SEEKING APPROVAL SO THAT THAT'S WHERE THEY KIND OF ZONED IT, BUT, OR, OR, OR ARE GOING TOWARD.
BUT THE NEIGHBORS THEMSELVES, THE NEIGHBORHOOD, JUST VERY CONCERNING ABOUT THE LAND USE AND THE PERMANENT CHANGE TO, I, I BELIEVE, YOU KNOW, THE, THE, THE APPLICANT IS, IS A GREAT PERSON.
I'M SURE HE WOULD DO EVERYTHING, BUT IF, IF HE WOULD MOVE OUT, YOU KNOW, LAND USE GOES WITH THE PROPERTY, WHOEVER COMES IN NEXT COULD HAVE A, A BAR AND MAYBE OUR, A LITTLE BIT MORE NOT AS CAREFUL BECAUSE IT'S MORE FINANCIAL AND THAT AREA IS SUCH A HOTSPOT THAT WE'RE JUST ADDING MORE, A LITTLE MORE TIMBER OR A LITTLE MORE SPARK TO, TO THAT AREA THAT, THAT IS JUST NOT NEEDED IN MY OPINION.
ANY FURTHER DISCUSSION TO MY LEFT? COMMISSIONER DUBAL? OH YEAH, I JUST, UM, GREAT, GREAT POINTS ALL, UM, AND, UH, I'LL BE, YOU KNOW, I'LL BE SUPPORTING THE MOTION.
THIS IS WHY I RECUSED FROM MY NEIGHBORHOOD ASSOCIATION.
UM, SO I UNDERSTAND THE NEIGHBOR'S CONCERN.
I LIVE JUST ON THE OTHER SIDE OF 90.
UM, WHAT, AND THIS WILL BE A THEME TODAY, BY THE WAY, EMPTY PROPERTIES, EMPTY LOTS ARE A HUGE CONCERN FOR ME.
AND WHAT HAPPENS TO THOSE PROPERTIES WHEN THEY BECOME NEGLECTED? AND THAT IS PRIMARILY WHAT I'M LOOKING AT.
I'M NOT SAYING I WOULD, UH, RECOMMEND APPROVAL FOR THE APPLICANT'S, WHAT THE APPLICANT'S SEEKING, I WOULD PROBABLY GO SEE ONE CD, I WOULD ADD HOURS OF OPERATION.
I WOULD MAKE SURE WE HAVE THAT PARKING.
BUT I THINK WE CAN DO THAT THROUGH A CONTINUANCE, UM, AND, AND SORT OF REFINE THIS A LITTLE BIT BECAUSE EMPTY PROPERTIES, TO ME ARE A GREATER INVITATION TO CRIME THAN AN OPERATING BUSINESS.
UH, THE MOTION IS FOR DENIAL BY COMMISSIONER HINOJOSA WITH A SECOND BY COMMISSIONER KELLY.
COMMISSIONER PETE RODRIGUEZ? NO.
THE FLOOR IS NOW OPEN FOR AN ALTERNATIVE.
I'M SORRY FOR RECONSIDERATION FOR SOMEONE WHO VOTED NO.
[02:30:01]
I'LL SECOND IT.SECOND BY COMMISSIONER PETE RODRIGUEZ.
UH, MOTION BY COMMISSIONER HUEY.
UH, MOTIONS FOR RECONSIDERATION BY COMMISSIONER HUEY.
UH, WITH A SECOND BY COMMISSIONER PETE RODRIGUEZ.
THE FLOOR IS NOW OPEN FOR A MOTION OR ALTERNATIVELY WELL, NO.
WELL, EITHER, YEAH, EITHER WAY.
UH, IF YOU DO, IF THERE IS NO MOTION AND NO SECOND, THEN WE CAN GO TO CONTINUANCE.
UM, OR SOMEONE CAN MAKE AN AFFIRMATIVE MOTION.
I, I'LL, UH, MOVE TO CONTINUE THE ITEM FOR, UH, TWO WEEKS, UH, TO THE, WHAT IS IT THAT JUNE 16TH? IS THAT RIGHT? YEAH, CORRECT.
THERE IS A MOTION FOR CONTINUANCE.
IS THERE, IS THERE A SECOND? I'LL SECOND IT.
SECOND BY COMMISSIONER PETE RODRIGUEZ.
MOTION IS FOR A CONTINUANCE TO JUNE 16TH BY COMMISSIONER VE SECOND BY COMMISSIONER PETE RODRIGUEZ.
COMMISSIONER PETE RODRIGUEZ? YES.
ALRIGHT, WE'LL SEE YOU ALL AGAIN IN TWO WEEKS.
UH, WE ARE NOW MOVING BACK TO OUR REGULARLY SCHEDULED BUSINESS ITEM NUMBER TWO.
UH, MY NAME'S FOREST WILSON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER TWO, LOCATED AT 1139.
NEW LAREDO HIGHWAY IS A REQUEST FROM C TWO COMMERCIAL DISTRICT AND C3 GENERAL COMMERCIAL DISTRICT TO AN, AN AMENDED REQUEST OF C TWO CD COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR MOTOR VEHICLE SALES FOR FULL SERVICE.
WITH ALL OVERLAYS REMAINING THE SAME 24 NOTICES WERE MAILED.
FOUR RECEIVED IN FAVOR, ZERO OPPOSED.
THE QUINTANA NEIGHBOR NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE OUTSIDE.
200 FEET, 24 RECEIVED IN FAVOR.
UH, THE CURRENT C TWO COMMERCIAL DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND THE SURROUNDING AREA.
THE, THE PROPOSED C3 GENERAL COMMERCIAL DISTRICT IS NOT APPROPRIATE.
HOWEVER, THE, THE SUBJECT PROPERTY CURRENTLY MAINTAINS A SPLIT ZONING OF C TWO AND C3.
THE C TWO PORTION SERVES AS A BUFFER PROVIDING, UH, MORE APPROPRIATE TRANSITION, TRANSITION TO THE ACTIVE RESIDENTIAL PROPERTIES TO THE NORTH.
AND A C3 DISTRICT WOULD ALLOW, WHILE THE C3 ZONING, UM, DOES EXIST ALONG NEW LAREDO HIGH HIGHWAY.
THESE PROPERTIES ARE INCONSISTENT WITH THE KELLY SLASH SOUTH SAN PUEBLO COMMUNITY PLAN ADOPTED IN FEBRUARY, 2007, WHICH DESIGNATES THIS AREA AS NEIGHBORHOOD COMMERCIAL.
AND WHILE THE AMENDED REQUEST IS MORE APPROPRIATE, THE USE MAY STILL BE DETRIMENTAL TO THE A ABOVE ABUTTING RESIDENTIAL NEIGHBORHOOD.
STAFF RECOMMENDS DENIAL AND THE APPLICANT'S REPRESENTATIVE IS PRESENT.
IF WE COULD HAVE THE APPLICANT'S REPRESENTATIVE, PLEASE.
AND SIR, IF YOU WOULD INTRODUCE YOURSELF AND GIVE US YOUR ADDRESS.
ACTUALLY, MR. WILSON, BEFORE THIS BEGINS.
DID, UH, THIS CAME BEFORE PLANNING, CORRECT? YES, IT DID.
AND WHAT WAS THE RESOLUTION THERE? IF THERE WAS ONE RECOMMENDED APPROVAL.
FOR COMMUNITY COMMERCIAL? FOR COMMUNITY COMMERCIAL, GOOD AFTERNOON.
MY NAME IS CARLOS ALVA WITH ALAMO CONSULTING SERVICES, AND I'M ASSISTING, UH, THE PROPERTY OWNER, MR. JIMENEZ, UH, WITH HIS REZONING CASE, WHICH IS, OF COURSE A CONTINUANCE.
UM, AS PER THE LAST SESSION, THE PENDING ITEM WAS TO HAVE AN ACTIVE COORDINATION WITH DSD TREES, WHICH WE DID.
AND WE HAVE THE EXHIBIT THAT HAS BEEN APPROVED BY THE TREE DIVISION, WHICH IN WHICH, UM, UM, THE OWNER IS PROPOSING PLANTING OF, UH, SEVERAL TREES ALONG WITH SHRUBS, UM, FOR A, UM, NON-REQUIRED, UM, LANDSCAPE BUFFER.
[02:35:01]
UH, WILLING TO, UM, TO, TO, UH, TO PRESENT FOR CONSIDERATION AS A TYPE A LANDSCAPE BUFFER OR, AND, UM, THAT, THAT'S PRETTY MUCH THE, THE LAST STEP OF THE COORDINATION WITH DEVELOPMENT SERVICES.UH, IS THERE ANY PUBLIC COMMENT? YES, WE DO HAVE A FEW F UH, FOLKS SIGNED UP.
FIRST WE HAVE MR. LARRY GARCIA, AND HE IS TO BE FOLLOWED BY MS. DEBORAH PONS, PON, OR NCEE, SORRY.
UH, WE FEEL THAT, UH, WHERE THE PROPOSED BUFFER IS SUPPOSED TO BE IS, UH, RIGHT NEXT DOOR IS, IS, UH, RESIDENTIAL LIVING.
THE OTHER ISSUE WE HAVE IS, IS THAT WE HAVE SO MANY OF THESE, UH, AUTO SERVICE CENTERS IN THE NEIGHBORHOOD.
RIGHT? ON THE OTHER BLOCK IS, UH, IS ONE THAT STARTED OFF BEING A USED CAR SALES, AND NOW IT'S A FULL SERVICE, UH, AUTOMOTIVE CENTER.
AND IT, WE'D REALLY LIKE YOU GUYS TO REALLY PROTECT THE NEIGHBORHOOD AND TO APPLY BY THE KELLY POLO PLAN AND KEEP IT THE WAY IT IS.
UH, MS. ER, AND SHE IS TO BE FOLLOWED BY MS. CHEYENNE.
UM, THANK YOU FOR, UM, LISTENING TO ME.
I AM, UM, IN DISTRICT FOUR COMMUNITY MEMBER.
I'M ALSO, UM, A CLIMATE JUSTICE, UM, ORGANIZER IN THE AREA.
I WORK WITH THE COMMUNITY THERE.
AND, UM, WE'RE IN AN AREA WHERE THERE'S A CLUSTER OF SOME REALLY TOXIC BUSINESSES THAT SURROUND, UH, THE NEIGHBORHOOD.
AND THOUGH WE ARE SUPPORTIVE OF ALL THE EXISTING BUSINESSES THAT ARE THERE, WE'RE JUST TRYING TO HOLD A LINE AND NOT MAKE IT ANY WORSE.
UM, HEALTH CONDITIONS AND THINGS LIKE THAT ARE BEING EXAMINED, UM, BY THE CITY OF SAN ANTONIO, BY GROUPS, AND I'M LOSING TIME, SO I JUST WANTED TO KIND OF POKE THAT IN THERE.
UM, FIRST, UM, THIS REQUEST, OR MY REQUEST IS THAT THIS BE DENIED.
UM, THE COMMUNITY OPPOSED IT AND THE NEIGHBOR ASSOCIATION OPPOSED IT.
AND THE ZONING REQUEST WAS DENIED PREVIOUSLY.
YET HERE WE ARE AGAIN CONSIDERING IT, UM, A SECOND TIME.
THE PRIMARY CONCERN REMAINS THAT, UH, THE LOCATION, THE PROPOSED, THE PROPOSED BODY SHOP THAT THEY WANT TO SET UP, UM, IS DIRECTLY ADJACENT TO AN ELEMENTARY SCHOOL, A CHILDREN'S PLAYGROUND, AND A SOFTBALL FIELD USED BY FAMILIES AND YOUNG RESIDENTS.
I MEAN, IT'S PRETTY MUCH RIGHT ACROSS THE STREET.
UM, BODY SHOPS GENERATE PAINT FUMES, DUST, PARTICULATE POLLUTION.
UM, WE SHOULD NOT BE PLACING AN OPERATION LIKE THIS NEXT TO WHERE CHILDREN PLAY AND BESIDE WHERE PEOPLE LIVE.
SECOND, THE BUSINESS, UM, WELL THE, THE BUSINESS BACKS UP TO, UM, THE NEIGHBORHOOD.
WE CONTINUE TO SEE HOMES CONVERTED ONE BY ONE IN THIS AREA INTO COMMERCIAL USE.
AND WHAT HAPPENS A LOT OF TIMES IS THESE BUSINESSES ALREADY START OPERATING, UM, OUT OF ZONING.
AND THEN THEY COME HERE AND THEN THEY GET THE PROPER ZONING YEARS LATER BECAUSE, HEY, THEY'VE ALREADY BEEN DOING IT ALL THIS TIME, HELP ME OUT, PLEASE.
AND WHAT'S HAPPENING IS THIS GRADUAL CHANGE OF THE CHARACTER OF OUR NEIGHBORHOOD AND FOR THE PEOPLE WHO LIVE HERE.
UM, WE HAVE THE PUEBLO PLAN FOR A REASON, AND THE VOICES OF OUR COMMUNITY CONTINUE TO BE OVERLOOKED EVERY SINGLE TIME.
AND SO NOW WE HAVE AN OFFICIAL LITTLE GROUP AND WE'RE HOPING THAT YOU WILL LISTEN TO US THIS TIME AND DENY THIS.
NEXT, MS. CHEYENNE RENDON TO BE FOLLOWED BY MR. AL ROCHA.
AND MR. RENDON, IF YOU WOULD NAME AND ADDRESS AND THEN TELL US ABOUT YOUR FEELINGS AND THOUGHTS.
MY FEELINGS, UH, CHAIR, I WOULD RESPECTFULLY ASK THAT I GET ADDITIONAL TIME TO COMPLETE MY COMMENTS GIVEN THAT THE MEETING HAS EXTENDED ALREADY OVER THE TIMEFRAME THAT WAS ALLOTTED.
MY NAME IS CHEYENNE, PLEASE DON'T TELL ANYONE MY ADDRESS, EVEN THOUGH THIS IS LIVE STREAM.
I AM A LIFELONG RESIDENCE OF ANA NEIGHBORHOOD AND I, UH, I'M A MOTHER.
I WALK MY SON TO SCHOOL EVERY SCHOOL DAY TO AND FROM, AND EVERY DAY I PASS BY 1 1 3, 9 NEW LAREDO HIGHWAY.
SO TODAY I'M HERE ASKING FOR YOU TO DENY THE ZONING CASE.
[02:40:01]
AS A GROUP, UH, FOR OTHER PEOPLE WHO WERE HERE BUT WEREN'T ABLE TO ATTEND BECAUSE WE'VE ALREADY EXCEEDED THAT TIMEFRAME.I DID MENTION I'M A MOM, RIGHT? UM, I WALK EVERY DAY, WALK PAST THIS PLACE.
IF YOU LOOK IN THE PACKET THAT I GAVE YOU, UM, YOU'LL SEE THAT THE FIRST LETTER IS ACTUALLY FROM THE QUINTANA NEIGHBORHOOD ASSOCIATION FROM AL ROCHA.
HE WAS ONE WHO COULD NOT BE HERE TODAY.
UM, HE DID PUT IN HIS INPUT, BUT WE'VE MESSAGED KELLY, UH, SANDERS, WHO CONFIRMED THAT WE DID SUBMIT AT ON BEHALF OF QUINTANA NEIGHBORHOOD ASSOCIATION.
WE DID SUBMIT OUR OPPOSITION BACK IN, UH, NO, SEPTEMBER OF 2025.
SO THE FACT THAT IT'S NOT REGISTERED UP THERE SHOWS THAT THERE'S A LACK OF TRANSPARENCY AND IT OBVIOUSLY MAKES US AS COMMUNITY MEMBERS FEEL LIKE OUR VOICE IS NOT BEING ADEQUATELY RECORDED, ESPECIALLY FOR THE RECORDS, UH, MOVING FORWARD.
AS, UH, DEBORAH P**N MADE A STATEMENT EARLIER THAT IT JUST SEEMS THAT THERE'S THIS ONGOING HISTORY OF REBUTTAL OR A HISTORY OF NOT PROPERLY DOCUMENTING, UH, OPPOSITIONS OR COMMUNITY MEMBER VOICES.
SO THIS IS JUST ANOTHER REFERENCE.
IF YOU HAVE
I'M GONNA SAY THAT WE DO HAVE A FULL NOTICE THAT QUINT IS OPPOSED TO THIS.
IT'S YES, BUT IT WAS STATED EARLIER, UM, THAT THERE WAS NO OPPOSITION FROM QUINTANA NEIGHBORHOOD ASSOCIATION.
WELL, WE'LL MOVE ON TO THE NEXT BECAUSE MY TIME IS INTERFERING, BUT IF WE CAN GET A FACT CHECKED ON THAT, BECAUSE I DID HEAR THAT AS OF TODAY, I JUST DID IT FOR THE MINUTES FOR THE LAST MEETING, FOR THE LAST MEETING, MAYBE NOT FOR THE LAST MEETING, BUT FOR THIS MEETING.
SO I WILL ADD THAT I DID REACH OUT TO MR. ROCHA YESTERDAY AND ASKED HIM TO GIVE ME A RESPONSE AND I DID NOT RECEIVE ONE.
AND AGAIN, I'M HERE ON BEHALF OF AL OCHA.
THIS IS FROM HIS OFFICE, FROM HIS DESK.
WILL I GET, UH, BE ABLE TO GET MY TIME? SO THIS IS INTO, AGAIN, LACK OF TRANSPARENCY.
I'M HERE MISSING TIME WITH MY SON.
I'VE HAD TO GET MY MOM TO COME AND PICK UP MY SON SO I CAN MAKE THIS TESTIMONY TO MAKE THIS ADEQUATE NOTED IN THE RECORDS THAT THERE IS A STRONG OPPOSITION.
IF YOU LOOK THROUGH THAT PACKET AS WELL, YOU'LL SEE THAT THERE HAS BEEN ALREADY, UH, AMENDMENTS MADE TOWARDS THIS IMPROVEMENT.
IT'S SHOWING THAT THERE'S THIS, UM, PRESTIGIOUS AMBITION THAT THIS WILL BE APPROVED MOVING FORWARD.
WHY INVEST EVERYONE HAS THE OPPORTUNITY TO INVEST INTO THE PROPERTY AND MAKE IT, UM, AS APPEALABLE AND COSMETICALLY DESIRABLE ON THE STREETS.
BUT IF YOU ALSO LOOK IN THAT PACKET, YOU'LL SEE THAT THERE'S A LIST OF OTHER SIMILAR PRACTICES BUSINESS IN THAT SAME ZIP CODE 7 8 2 1 1.
NOW NEW LAREDO HIGHWAYS ALREADY BECOMING OVER, OVER SATURATED WITH INDUSTRIES SIMILAR TO THIS OPERATION.
WHY ADD ANOTHER ONE? IT AS AL ROCHA, THE PRESIDENT OF QUINTANA NEIGHBORHOOD ASSOCIATION HAS MENTIONED THESE TYPE OF INDUSTRIES ARE JUST ONE STEP AWAY FROM BECOMING ANOTHER M-R-U-M-R-E OR A UPR AS WELL AS THE OTHER NOTICE, UH, IN THERE FROM A BUSINESS THAT IS 300 FEET FROM THIS BUSINESS.
AND THEN, UM, MR. FRANKIE OZUNA.
AND THAT IS IT FOR, UM, SPEAKERS.
APPLICANT WILL GET A BRIEF REBUTTAL.
THE OWNER WOULD LIKE TO, UH, SAY SOMETHING.
UH, TECHNICALLY OUR RULES REQUIRE THAT ONLY ONE PERSON SPEAK AND THAT'S THE APPLICANT'S REPRESENTATIVE.
YEAH, WE JUST WANNA MENTION THAT, UM, THE PROPER PROCEDURE WAS FOLLOWED AND THERE WAS ZERO FORMAL POSITION.
UH, WE HAVE MORE THAN 20 LETTERS OF SUPPORT OF THE NEIGHBORS AROUND AND WE HAVE THE EXISTING CERTIFICATE OF OCCUPANCY AS ISSUED BY DEVELOPMENT SERVICES, WHICH AUTHORIZES MOTOR VEHICLE SALES AND FULL SERVICE.
SO IT, IT IS NOT A NEW BUSINESS, IT'S AN EXISTING LEGALLY OPERATING BUSINESS.
YOUR A YOUR REPRESENTATIVE WILL SPEAK FOR YOU? YES.
AND ALSO THE PLANNING COMMISSION RECOMMENDED APPROVAL IN THE LAST WEEK SESSION.
ALRIGHT, THIS IS A DISTRICT FOUR CASE, UH, COMMISSIONER PETE RODRIGUEZ TO YOU FOR QUESTIONS.
MR. JIMENEZ, UH, CAN YOU OR REPRESENTATIVE, YOU CAN CALL EITHER ONE
HOW LONG HAVE YOU BEEN AT THIS PROPERTY? OPERATING AT THIS PROPERTY WITH THIS BUSINESS? THE, YES.
DOING THE SAME THING? YES, SIR.
MY BUSINESS OUT SALES IN FULL SERVICE, I JUST FIX MY CAR AND SELL IT.
UH, AND I HAVE THE SUPPORT FOR ALL THE NEIGHBORHOOD.
I GO DOOR BY DOOR BY DOOR OVER.
I HAVE 30 31 FINISHER ON MY FAVOR.
THEY ARE HAPPY WITH ME RIGHT THERE BECAUSE BEFORE.
[02:45:01]
UM, HAVE, UH, THE CITY STAFF, HAS THERE EVER BEEN ANY COMPLAINTS OR ANY VIOLATIONS, UH, FOR THIS PROPERTY? GIVE US JUST A MOMENT.DID YOU WANNA ASK ANYTHING WHILE WE'RE TRYING TO LOOK THIS UP? I HAVE A QUESTION FOR MS. ONG.
CAN YOU PLEASE STEP UP? YES, SIR.
THIS BUSINESS HAS BEEN IN ESTABLISHED SINCE 1922.
UH, WHY HAVE YOU NOT COME UP PRIOR TO THIS? PRIOR TO THAT, I WAS ACTUALLY IN THE SERVICE.
UM, AND BEFORE THAT THE, I BEING BORN AND BRED FROM QUINTANA NEIGHBORHOOD, THIS WAS NOT SOMETHING WE WERE TAUGHT.
THIS IS IS SOMETHING THAT I'VE HAD TO LEARN TO TEACH OTHERS IN MY COMMUNITY SO THEY KNOW WHAT IT MEANS TO ADVOCATE AND, AND SAY NO OR COME TO THESE MEETINGS.
SO IT WASN'T ACCESSIBLE UNTIL I EDUCATED MY, OKAY.
NOW WHEN WERE YOU, WHEN DID YOU GET OUT OF THE CIRCLE? SORRY, JUST ONE QUICK CORRECTION.
2022, NOT 1922
WHEN, WHEN DID YOU COME OUT OF THE SERVICE? UH, 2023.
WHY DIDN'T YOU COME FORWARD IN 2023? BECAUSE WHEN I FIRST BECAME NOTICED OF THIS, IT WAS FEBRUARY, 2026.
UM, I SAW THE SIGNS GOING UP AND I ATTEMPTED TO MAKE THE PHONE CALLS, BUT EVERY TIME I, I CALLED THAT LINE, I GOT A DIFFERENT TYPE OF, EITHER IT WAS NON-OPERATIONAL, UM, THE NUMBER WAS CHANGED AND IF YOU GO ONTO THAT SLIDE, UH, IT, IT ACTUALLY HAS A DIFFERENT NUMBER THAT'S POSTED ON THE ACTUAL STREET.
UM, SO THERE WAS JUST A LOT OF MISCOMMUNICATION.
SOMETIMES THE LINE WAS COMPLETELY KNOCKED DOWN.
UM, BUT AGAIN, I'VE MADE THE ATTEMPTS AND THIS IS WHY IT IS MY FIRST TIME COMING UP.
UM, IT WAS MADE AWARE DURING THE NEIGHBORHOOD ASSOCIATION MEETINGS AND THAT'S WHERE I GAVE THINKING THAT THAT'S ALL I NEED TO DO.
BUT IF THE ASSOCIATION WAS SPEAKING ON MY BEHALF, I COULD ALSO COME.
SO IT WAS KIND OF LIKE DOUBLE DIPPING.
UM, HAS ANYBODY ELSE FROM THE NEIGHBORHOOD, UH, COME FORWARD? YES, BUT EVERYONE'S WORKING RIGHT NOW.
WHEN DID THEY COME FORWARD? WE HAD, UH, A, IT WAS CONSENSUS DURING THE QUINTANA NEIGHBORHOOD ASSOCIATION.
SO WE HAD, UH, ONE OF THE LAST MEETINGS WE HAD ABOUT 25 PEOPLE AND THOSE WERE, THAT'S WHEN IT WAS ASKED.
UM, AND AGAIN, BACK IN SEPTEMBER IT WAS ASKED, SO THROUGHOUT THE NEIGHBORHOOD ASSOCIATION MEETINGS, THAT'S WHEN IT, WHEN UM, AL OR UH, THE VICE PRESIDENT WOULD ASK CONSENSUS WAS GIVEN.
UM, IN ADDITION TO THAT, WHEN I SPOKE WITH MY NEIGHBORS, IT'S MORE OF A, THEY'RE GONNA DO WHAT THEY WANT ANYWAYS.
THEY'RE GONNA EXPAND, THEY'RE GONNA ENLARGE, SO WHY FIGHT? OKAY.
UH, MR. JIMENEZ, CAN YOU STEP UP PLEASE? UH, JUST IN RESPONSE TO YOUR OTHER QUESTION, THERE WAS A UD UH, A UDC ZONING INVESTIGATION DONE BASED, IT LOOKS LIKE IT WAS BASED ON A THREE ONE ONE CALL AND BACK IN FEBRUARY.
WAS THIS PRIOR TO THEM REQUESTING A NAME CHANGE? I BELIEVE THAT'S WHY THEY'RE, YES, THEY GOT RED FLAGGED.
OKAY, SO THAT QUESTION IS THE STAFF.
SORRY, MR. PETE RODRIGUEZ, GO AHEAD.
UH, NO QUESTIONS AT THIS TIME.
ALRIGHT, ANY FURTHER QUESTIONS TO MY RIGHT? YES.
COMMISSIONER HENO HOSTON, UH, QUESTION FOR MS. RANDON AND WHY ARE YOU COMING UP? THANK YOU FOR YOUR SERVICE.
UH, WHAT IS YOUR ROLE IN THE NEIGHBORHOOD ASSOCIATION? WELL, RIGHT NOW AL'S TRYING TO RECRUIT ME FOR THE PRESIDENT ROLE.
UM, BUT RIGHT NOW I'M JUST A MEMBER.
AND DID THE APPLICANT, UH, MEET WITH THE NEIGHBORHOOD ASSOCIATION? WHAT KIND OF OUTREACH WAS, WAS DONE WITH Y'ALL? YES, THE APPLICANT DID REACH OUT TO, DIRECTLY TO AL, UM, OPPOSITION WAS GIVEN.
UM, AL THEN COMES TO THE COMMUNITY AND EXPRESSES, UH, RELATES WHAT IS TOLD.
WHEN YOU SAY HE COMES TO THE COMMUNITY, HE CAME TO THE MEETING? YES SIR.
AND HE'LL REACH OUT TO, UM, PEOPLE INDIVIDUALLY, UH, IF HE CAN'T MAKE IT TO THE MEETINGS.
THANK BUT FROM MY UNDERSTANDING, AL DID R OUT.
ALRIGHT, THANK YOU MS. REON AND TO THE APPLICANT REPRESENTATIVE, YOU WANNA, UH, WHAT KIND OF OUTREACH DID Y'ALL GIVE AND WHAT HAVE Y'ALL DONE? YES, I WAS JUST, UH, UH, TALKING TO THE, UH, PROPERTY OWNER AND, UH, THERE THERE WAS NO COMMUNICATION, SO THERE WAS NO, THE, THE OWNER DIDN'T KNOW ABOUT ANY OPPOSITION.
SO THAT, THAT IT IS, IT IS NOT ACCURATE.
THAT'S NOT AN ACCURATE STATEMENT FROM, FROM HER.
AND AND DO YOU HAVE LIKE A, A QUESTION FOR STAFF? JUST STAY WITH IT.
[02:50:01]
YOU REMIND ME WHAT WAS THE OPPOSITION AND THE UH, THE RATIO THERE? WHAT WAS SUBMITTED? SO WE, BEFORE NOTICES MAILED FOUR RECEIVED IN FAVOR, ZERO OPPOSED, UM, LIKE I SAID THE QUINTANA NOTE NEIGHBORHOOD ASSOCIATION AS OF YESTERDAY, I HADN'T RECEIVED A RESPONSE, BUT APPARENTLY THEY DO HAVE A RESPONSE OUTSIDE 200 FEET.THERE WERE 24 NOTICES RECEIVED IN FAVOR.
AND THEN I'LL MAKE ONE, ONE COMMENT JUST, IT'S VERY IMPORTANT FOR THOSE OF YOU WHO ARE WITH NEIGHBORHOOD ASSOCIATIONS OR NEIGHBORHOODS, YOU GOTTA GET YOUR PEOPLE TO RESPOND.
YOU HAVE TO GET 'EM TO TALK, YOU GOTTA GET 'EM TO CALL IN OR EMAIL, DO WHATEVER THEY GOTTA DO.
SO WE CAN HAVE THIS, UH, ON THE RECORD BECAUSE THAT, THAT GOES A LONG WAY THEN I'M NOT SAYING THAT WE DON'T BELIEVE PEOPLE, BUT I'M JUST SAYING THAT'S WHAT'S ON THE RECORD.
ANY FURTHER QUESTIONS TO MY RIGHT? QUESTIONS TO MY LEFT? COMMISSIONER SIPES QUESTION FOR STAFF.
UM, SO THIS IS AN, IT APPEARS THAT THAT, THAT THIS IS, UH, KIND OF TRYING TO COMBINE TWO ZONINGS THAT, THAT THERE WAS A PORTION OF THE SITE THAT WAS ALREADY ZONED C3 THAT COULD HAVE BEEN USED OBVIOUSLY FOR IT.
WHAT'S BEING ASKED FOR, AND THIS IS TO, UM, REZONE THE PRO PORTION OF THE PROPERTY THAT'S C TWO TO C3, CORRECT? IT'S BASICALLY TO CONSOLIDATE.
SO LIKE YOU SAID, THE INNER PORTION IS C3, THE OUTER PORTION IS A C TWO AND SO HE'S WANTING TO REZONE THE ENTIRE PROPERTY.
SO IT'S ONE CONSISTENT ZONING DISTRICT.
SO, SO A UH, C OF O OR OTHER THINGS LIKE THAT, THAT COULD HAVE BEEN FOR THE PORTION THAT WAS ALREADY C3 AND NOT NECESSARILY INTENDED FOR AN EXPANSION? CORRECT.
UM, THAT'S ALL THE QUESTIONS I HAVE.
ALRIGHT, THANK YOU COMMISSIONER SIPES, COMMISSIONER WHATSUP OPPOSITION OR SUPPORT.
SO THE PROPERTIES ALONG MCLOUGHLIN, UH, 2 22, 2 20 THAT ADJOIN THE PROPERTY.
DO WE KNOW WHETHER ANY OF THEM SUPPORTED OR OPPOSED ANY COMMENTS FROM THEM AT ALL? RESIDENTIAL ZONED RM FOUR TRACKS.
THERE'S THREE OF THEM THAT ACTUALLY ADJOIN IT.
AND I GUESS THAT SAME QUESTION COULD BE ASKED TO THE APPLICANT.
DID Y'ALL TALK TO THOSE PROPERTIES SPECIFICALLY THAT ARE ON MCLAUGHLIN, THAT ADJOIN, UH, THE PROPERTY? DID YOU GET ANY FEEDBACK FROM 'EM SPEAK? YES.
EVERYBODY AROUND GET THE
UH, THE, THE PROPERTY OWNER REACH OUT TO THEM AND TO THE ABO NEIGHBORS AND WE HAVE 31 SIGNATURES FOR SUPPORT.
OH, I'M, I'M SPECIFICALLY ASKING ABOUT 2 22, 2 26, UH, AND THEN MAYBE 2 24 MCLAUGHLIN.
UH, SO IT LOOKS LIKE WE DID GET ONE FROM 2 26 IN FAVOR.
I, I'M JUST GUESSING ON ONE OF THE LOTS.
THE OWNER HAS CONFIRMED THAT THEY ARE IN SUPPORT THE, THE NEIGHBORS TO THE BACK.
THOSE, UH, THREE ADDRESSES? YES.
YES, THEY'RE IN SUPPORT AND WE HAVE THEIR SIGNATURES.
SO JUST TO CLARIFY TOO, WITH THE SIGNATURES AND EVERYTHING, UM, OUR REGULATION STATE LAW, BASICALLY IT IS OF FOLKS OF THE SIM SIMILAR MUNICIPAL TAX ROLE.
SO TYPICALLY THAT'S WHY WE SAY OWNERSHIP.
UM, I THINK A LOT OF THE FOLKS WERE TENANTS, SO WE, THAT'S WHY YOU'LL SEE A HIGH NUMBER OF THOSE FOLKS.
THE 200 OR 24 IN FAVOR WE'RE USUALLY FOLKS WITHIN THE PROXIMITY, BUT THEY WERE TENANTS, NOT OWNERS.
SO YOU DON'T KNOW FOR SURE THAT THOSE ARE OWNERS OR TENANTS.
SO I DO SEE, SORRY, I DO SEE A MR. UM, ERTA WITH 2 44 MCLAUGHLIN, UM, WAS ONE OF THE SIGNERS, UM, THAT GAVE SUPPORT THAT IS ON THAT MCLAUGHLIN ROAD.
THE OTHER YES, THE OWNER HAS CONFIRMED THAT THEY ARE THE OWNERS, PROPERTY OWNERS, NOT TENANTS.
WE WERE JUST MET, WE WERE GOING OFF OF WHAT BE HAD.
SORRY, CAN HE CONFIRM THAT THOSE NAMES WITH THEM AS THE OWNERSHIP? I MEAN THAT QUESTION, IT DOESN'T LOOK LIKE ALL OF THEM.
NOT ALL OF THE ONES WERE, WERE THE OWNERS.
SO THOSE THREE SPECIFICALLY ADJOINING IT, YOU DON'T HAVE ANY PROOF? I SEE 2 26, BUT THAT'S THE ONLY ONE THAT I SEE THAT SUPPORTED IT.
ALRIGHT, COMMISSIONER, WHAT'S THAT? IS THAT IT? ALRIGHT, THANK YOU.
COMMISSIONER ELL UH, YEAH TO STAFF, UH, THE PLANNING COMMISSION.
[02:55:01]
APPROVAL.UH, DO WE HAVE ANYONE WHO HAS INSIGHTS INTO THEIR DELIBERATION? WHY? WHY THEY RECOMMENDED APPROVAL ANSWER SINCE I WAS THERE.
UM, BASICALLY THEY DO NOTICE THAT THERE ARE MANY OF THESE USES ALONG, UM, NEW LAREDO AND SO THEY FELT THAT A COMMUNITY COMMERCIAL WOULD BE APPROPRIATE.
AND UH, IS THERE A WAY FOR US TO GET ON THE SCREEN A VISUALIZATION OF THE, UH, COMPREHENSIVE PLAN LAND USE DESIGNATIONS? UH, GIVE US A MOMENT WE CAN TRY TO CHANGE TO THE ONE STOP MAP, UH, STAFF WHILE WE'RE PULLING IT UP, STAFF RECOMMENDED, UH, UH, DENIAL.
UM, COULD YOU, UH, HELP RE RESTATE FOR ME JUST TO, I WE'RE GETTING LATE TODAY.
COULD YOU RESTATE THE BASIS, WHAT WAS THE, THE CRUX OF THAT RECOMMENDED RECOMMENDATION? YEAH, THE BIGGEST THING IS THE, UM, IT'S, IT'S NOT, UM, IN LINE WITH THE KELLY PLAN AND SO THE, ALTHOUGH THERE ARE SEVERAL C THREES ALONG THERE, UM, YOU CAN KIND OF SEE THIS ONE THE WAY IT DIRECTLY ABUTS THESE RESIDENTIAL PROPERTIES AS A CONCERN.
AND WE HAVE THE LAND USE, UH, COMPREHENSIVE DESIGNATIONS UP.
SO, UH, HELP ME UNDERSTAND THIS.
UH, THE PROPOSED ZONING IS NOT CONSISTENT WITH NEIGHBORHOOD COMMERCIAL? CORRECT.
WHAT AREA, UH, WITH THE PLAN AMENDMENT WOULD BE, UH, GIVEN A HIGHER INTENSITY COMPREHENSIVE PLAN DESIGNATION? JUST THE SUBJECT PROPERTY.
AND WHAT IS THAT HIGHER DESIGNATION? WHAT IS IT CALLED? COMMUNITY COMMERCIAL.
IT'S BASICALLY THE ONE STEP UP.
SO IT WOULD PERMIT C TWO BASE ZONING.
SO FROM HERE WHAT I SEE IS, I, I DON'T SEE ANY COMMUNITY COMMERCIAL TO ANALOGIZE TO IT.
IT'S ALL NEIGHBORHOOD, RIGHT? I MEAN YOU CAN, YEAH, IF, IF SHE WAS TO ZOOM OUT A LITTLE BIT MORE THAT RED IS COMMUNITY COMMERCIAL.
AND I THINK THAT SPEAKS A BIT TO WHY WE WERE RECOMMENDING DENIAL FOR THAT AS WELL.
AND JUST BRIEFLY TO, IF YOU COULD EXPLAIN WHAT, I KNOW THAT THIS IS ZONING AND NOT PLANNING, BUT IF YOU COULD HELP US OUT, UH, WHAT IS NEIGHBORHOOD COMMERCIAL TYPICALLY, YOU KNOW, AND THEN WHAT IS UH, OH MY GOSH THE OTHER ONE.
YEAH, NEIGHBORHOOD COMMERCIAL, THE, THE LEAST INTENSE UM, YOU KNOW, COMMERCIAL LAND USE, ESPECIALLY IN A LOT OF THESE OLDER PLANS, TYPICALLY YOU WOULD SEE SMALLER THINGS LIKE CONVENIENCE STORES, COFFEE SHOPS, THINGS LIKE THAT.
AND THEN THE PURPOSE OF COMMUNITY COMMERCIAL SLIGHTLY MORE INTENSE USES.
MR. CHAIR, CAN I INTERJECT REAL QUICK? UH, WE'LL COME BACK AROUND TO YOU FOR OTHER QUESTION, JUST A QUICK COMMENT.
OTHER QUESTIONS? WHEN WE COME BACK AROUND, WE'RE WE'RE GONNA ABIDE BY THE RULES 'CAUSE WE'RE GOING REALLY LONG.
ALRIGHT, QUICKLY, UM, THE ORIGINAL REQUEST IN PLANNING WAS FOR REGIONAL COMMERCIAL, CORRECT? CORRECT.
IT WENT DOWN TO COMMUNITY COMMERCIAL, CORRECT? BECAUSE C TWO IS THE TOP ZONING ALLOWED FOR COMMUNITY COMMERCIAL, CORRECT? THEY'RE ASKING FOR C3.
SO THAT WOULD NOT BE ALLOWED IN COMMUNITY COMMERCIAL, CORRECT? CORRECT.
ARE YOU APPLICANT'S REPRESENTATIVE COME UP REQUESTING TO AMEND OR ARE YOU SEEKING TO AMEND YOUR REQUEST TODAY? YES, SINCE THE VERY FIRST HEARING WE HAD AMENDED TO UH, C TWO CD.
IT'S NEVER, I'M HEARING C3 BUT WE AMENDED THAT SINCE THE PREVIOUS TWO HEARINGS.
I JUST WANTED TO MAKE SURE THAT'S TRUE RIGHT NOW.
SO THAT'S WITH AUTO SALES FULL SERVICE? CORRECT.
THEY'RE NO LONGER ASKING FOR C3.
ANY OTHER QUESTIONS TO MY RIGHT? QUESTIONS TO MY LEFT? YES.
UH, THE WHOLE
UH, DOES THAT CHANGE THE COMPREHENSIVE PLAN? UH, THE NECESSITY OF THE COMPREHENSIVE PLAN AMENDMENT.
SO IS A C TWO ALLOWED WITHIN NEIGHBORHOOD COMMERCIAL? NO, IT IS ONLY PERMITTED IN COMMUNITY COMMERCIAL.
OKAY, SO THE PLAN AMENDMENT IS STILL REQUIRED TO UP ZONE THAT ONE LOT? CORRECT.
ANY FURTHER QUESTIONS TO MY LEFT? ALRIGHT, COMMISSIONER PETE RODRIGUEZ TO YOU FOR DISCUSSION AND POTENTIAL MOTION PUBLIC HEARING IS CLOSED.
UM, AFTER REVIEWING THE REQUEST, I BELIEVE MR. JIMENEZ HAS SHOWN A GOOD FAITH EFFORT TO OPERATE, UH, TO OPERATE RESPONSIBILITY AND COMPLY WITH LOCAL REQUIREMENTS DURING THE FOUR YEARS THE BUSINESS HAS BEEN IN OPERATION, THE APPLICATION, THE APP, I'M SORRY, THE APPLICANT, UM, HAS ALSO RECEIVED SUPPORT
[03:00:01]
FROM 24 NEARBY, UH, RESIDENTS.BASED ON THESE FACTORS, I RECOMMEND APPROVAL OF THE REZONING REQUEST TO A C TWO CD.
THERE IS A MOTION FOR APPROVAL OF ITEM NUMBER TWO AS AMENDED TO C TWO CD COM, UH, AUTO SALES FULL SERVICE.
UM, IS THERE A SECOND? I SECOND.
ALRIGHT, UH, DISCUSSION TO MY RIGHT.
COMMISSIONER SIPES AND THEN COMMISSIONER DOBEL.
SO I HAVE A LOT OF TROUBLE WITH THIS, UM, WITH THE, THE PROPOSAL.
UM, AND I THINK, I THINK, UM, MS. PONTE BASICALLY SUMMED UP WHAT I'M, I'M GONNA SAY AND IT'S, YOU KNOW, TRYING TO HOLD THE LINE.
UM, I LIVE IN AN OLDER NEIGHBORHOOD, I UNDERSTAND HOW TOUGH IT IS TO GET NEIGHBORS TO, UH, RESPOND AND I UNDERSTAND HOW TOUGH IT IS WHEN YOU SEE THE PROLIFERATION OF, OF BUSINESSES THAT JUST SEEMED TO IT, THE EXCUSE BEING, WELL, IT'S JUST ONE MORE, WELL IT'S JUST ONE MORE AND IT'S JUST ONE MORE.
AND SO I CAN'T SUPPORT THIS, THIS, UH, MOTION WITH ALL DUE RESPECT.
COMMISSIONER DVE, UH, WITH UH, REGARDS TO THE, UH, INFORMATION STAFF PROVIDED ABOUT THE, UM, COMPREHENSIVE PLAN.
WHAT I THINK WE HAVE HERE IS A MISALIGNMENT BETWEEN THE LONG-TERM VISION FOR THE COMMUNITY AND THE EXISTING CONDITIONS.
YOU CAN SEE ON THE SCREEN RIGHT NOW, THERE'S A LOT OF C3 UP THERE ON THAT CORRIDOR, ALL OF WHICH WOULD BE OUT OF LINE, UH, WITH THE CURRENT COMPREHENSIVE PLAN.
SO YEAH, YOU KNOW, THERE'S TWO WAYS THAT WE AS A CITY RESPOND TO AN ISSUE LIKE THIS.
UH, NUMBER ONE, WE STICK TO THE COMPREHENSIVE PLAN AND START NUDGING THE DEVELOPMENT PATTERNS TOWARDS THE INTENDED LOWER INTENSITY OF NEIGHBORHOOD COMMERCIAL OR, UH, TWO, WE, UH, THROW IT OUT THE WINDOW AND
UM, I'M INCLINED TO BELIEVE BASED ON THE INFORMATION FROM THE NEIGHBORHOOD THAT THE COMPREHENSIVE PLAN WAS NOT A MISTAKE AND THAT IN FACT THE VISION FOR THIS AREA IS TO MOVE TO LOWER INTENSITY.
UM, SO WITH THAT, I I WILL NOT BE ABLE TO SUPPORT THE, THE MOTION.
ALRIGHT, THANK YOU COMMISSIONER DOELL, ANY FURTHER COMMENTS? DISCUSSION TO MY LEFT? DISCUSSION TO MY RIGHT? YES.
UH, YEAH, AGAIN, I I REALLY WISH THE NEIGHBORHOOD HAD REALLY SUBMITTED MORE IMPACT AND I'M, I'M ON, I'M ON THE FENCE FOR THIS ONE.
UM, JUST BECAUSE IF, IF, IF, IF WE HAD MORE COMMUNICATION FROM THE NEIGHBORS, THE DIRECT NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION, UH, MEMBERS, THAT WOULD DEFINITELY PUSH ME ON ONE SIDE OR THE OTHER.
ALRIGHT, THANK YOU COMMISSIONER HEZA FURTHER DISCUSSION? YES, UH, WE'RE GONNA GO COMMISSIONER HUEY, THEN COMMISSIONER PETE RODRIGUEZ.
I JUST WANNA MAKE, UH, MAKE IT KNOWN ON, SORRY.
UH, YES, THIS IS A DIFFICULT CASE.
UM, PRETTY COMPLICATED AND YES, IF THERE WERE MORE NEIGHBOR NEIGHBORS COMING OUT TO SPEAK TO US TO EXPRESS THEIR CONCERNS, IT WOULD BE A LOT EASIER.
BUT ALSO UNDERSTAND TOO, AND I UNDERSTAND THAT THE RESIDENTS IN THIS AREA MAY NOT HAVE THE LUXURY OF TIME TO DRIVE DOWN HERE ON A TUESDAY OR POSSIBLY EVEN MAKE PHONE CALLS BECAUSE AGAIN, UH, THERE ARE THINGS THAT PEOPLE HAVE TO DO IN REAL LIFE.
SO AGAIN, I UNDERSTAND THE, THE SITUATION AND I AGREE WITH, UM, MY FELLOW COMMISSIONER, SIPES AND VAL, IT'S LIKE, UM, WE SOMETIMES HAVE TO TAKE A STAND AND PERHAPS THIS IS THE CHANCE FOR US TO DO THAT.
ALRIGHT, THANK YOU COMMISSIONER PETE RODRIGUEZ.
I TEND TO SUPPORT THE COMMUNITY.
I LIKE TO HEAR WHAT Y'ALL HAVE TO SAY 'CAUSE I, I HAVE MY OWN COMMUNITY THAT I SPEAK FOR ALSO AS THE PRESIDENT OF, AS THE PRESIDENT OF THE HOA.
UH, IN THIS CASE IT IS VERY DIFFICULT BECAUSE MR. JIMENEZ HAS BEEN THERE FOR FOUR YEARS NOW AND THIS IS HIS LIVELIHOOD AND YOU'RE UPROOTING IT.
IF THIS DOES NOT GET APPROVED, HE'S GONNA HAVE TO CLOSE BUSINESS AND, YOU KNOW, UH, PART OF IT IS ALREADY ZONED WHAT IT'S SUPPOSED TO BE.
IT'S, UH, C UH, C TWO, UH, HE'S JUST TRYING TO GET THE OTHER PART ZONED TO MATCH IT AND, UH, CONTINUE THE BUSINESS THAT'S, THAT'S ALREADY ESTABLISHED.
ALRIGHT, THANK YOU COMMISSIONER PETE RODRIGUEZ TO MY LEFT FURTHER DISCUSSION.
ALRIGHT, I WILL HAVE THE LAST WORD.
UM, I AM NOT GONNA SUPPORT THE MOTION.
UH, I THINK COMMISSIONER PETE RODRIGUEZ WAS PARTIALLY CORRECT IN THAT, UM, HE CAN, HE DOESN'T HAVE TO GO OUTTA
[03:05:01]
BUSINESS.HE HAS THAT SEE-THROUGH SPOT RIGHT THERE THAT IS GOING TO CONTINUE TO EXIST.
HE CAN CONTINUE TO USE THAT LAND FOR WHICH HE HAS A, A CERTIFICATE OF OCCUPANCY WITH A LIMIT OF ONE PERSON AT A TIME.
THAT'S WHAT THAT SAYS OVER THERE.
UH, SO I WILL NOT BE SUPPORTING THE MOTION AGAIN.
THE MOTION IS FOR APPROVAL OF ITEM NUMBER TWO AS AMENDED BY COMMISSIONER PETE RODRIGUEZ WITH A SECOND BY COMMISSIONER PANA.
UH, FAILED FLOOR IS NOW OPEN FOR A MOTION FOR RECONSIDERATION.
I'D LIKE TO MAKE A MOTION FOR A RECONSIDERATION.
COMMISSIONER HINOJOSA HAS MOVED TO RECONSIDER.
FLOOR IS NOW OPEN FOR A MOTION BY ANYONE, UH, FOR ANYTHING BUT APPROVAL.
THERE'S A MOTION TO RECOMMEND DENIAL BY COMMISSIONER DOELL.
BY COMMISSIONER HINOJOSA DISCUSSION TO MY RIGHT.
I I JUST BRIEFLY, UM, SAME POINT, GENERAL PLAN.
I THINK THAT PROVIDES US THE VISION FOR THE WAY THAT THIS COMMUNITY, UH, SHOULD MOVE EXISTING USES GET GRANDFATHERED IN, BUT WHEN THE APPLICANT COMES AND REQUESTS A CHANGE, UH, COMPREHENSIVE PLAN SHOULD BE RESPECTED.
ANY FURTHER DISCUSSION TO MY LEFT? I'VE SAID EVERYTHING I NEED TO SAY.
MOTION IS FOR DENIAL OF ITEM NUMBER TWO BY COMMISSIONER VE WITH THE SECOND BY COMMISSIONER HINOJOSA.
COMMISSIONER PETE RODRIGUEZ? NO.
THIS IS A RECOMMENDING BODY, UH, THAT MEANS THAT THE APPLICANT CAN GO FORWARD TO CITY COUNCIL WITH THIS RECOMMENDATION AND CITY COUNCIL WILL DO WITH IT WHAT THEY MAY, THEY HAVE SIX MONTHS TO GO TO CITY COUNCIL.
THANK YOU ALL SO MUCH AND HAVE A GREAT DAY.
WE ARE MOVING ON NOW TO ITEM NUMBER FOUR.
FOREST WILSON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FOUR LOCATED AT 28 14.
THE CREW STREET IS A REQUEST FROM R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT TO AN AMENDED REQUEST OF IDZ THREE, HIGH INTENSITY INFILL DEVELOPMENT ZONE FOR THREE DWELLING UNITS WITH ALL OVERLAYS REMAINING THE SAME.
ZERO RECEIVED IN FAVOR, ZERO OPPOSED THE EL CHARRO AND BRADY.
UH, WELL, BRADY GARDENS I THINK GAVE UH, BRADY GARDENS.
EL CHARO GAVE NO RESPONSE OUTSIDE 200 FEET, THERE WAS ONE IN FAVOR.
UH, THE EXISTING R FOUR RESIDENTIAL SINGLE FAMILY IS NOT APPROPRIATE FOR THE, IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY IN THE SURROUNDING AREA.
THE PROPOSED IDZ THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR THREE DWELLING UNITS IS NOT APPROPRIATE.
EITHER THE PROPERTIES SIZE DOES NOT CURRENTLY MEET THE MINIMUM REQUIREMENTS FOR AN R THREE DISTRICT.
SO A REQUEST FOR THREE DWELLING UNITS WOULD REPRESENT EXCESSIVE DENSITY FOR AN ALREADY UNDERSIZED LOT.
FURTHERMORE, ALL IMMEDIATE SURROUNDING PROPERTIES ARE ZONED AND UTILIZED FOR SINGLE FAMILY RESIDENCES.
AND WHILE THE FLEXIBILITY OF IDZ IS APPROPRIATE FOR THE CONSTRUCTION OF ONE SINGLE FAMILY HOME, INTRODUCING THIS LEVEL OF DENSITY WOULD INCREASE TRAFFIC ON A LOCAL STREET SITUATED IN AN ESTABLISHED NEIGHBORHOOD.
UH, STAFF RECOMMEND DENIAL AND THE APPLICANT IS PRESENT.
ALRIGHT, IF WE COULD HAVE THE APPLICANT PLEASE OR APPLICANT'S REPRESENTATIVE AND MR. GUDA, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.
UH, MY NAME IS MARK GUERRA AND, UH, THREE 17 ALITOS.
TELL US ABOUT THE PROJECT PLEASE.
OKAY, SO, UH, WE ARE IN A PROCESS OR TRYING TO
[03:10:02]
BUILD, IT IS THREE UNITS, BUT IT'S ACTUALLY WE'RE BUILDING THESE OUT OF METAL CONTAINERS.EACH ONE IS EIGHT BY 40, WHICH IS A TOTAL OF 320 SQUARE FEET.
IF, UH, UM, IF YOU LOOK HERE, SO FROM HERE TO HERE TO THIS LINE, THAT'S ONE CONTAINER.
AND THEN WE KIND OF HAVE LIKE A LITTLE SCISSOR EFFECT.
THIS IS THE BEGINNING OF THE SECOND CONTAINER AND IT GOES ALL THE WAY TO THE BACK.
THIS AREA RIGHT HERE WOULD BE 160 SQUARE FEET, WHICH IS LIKE AN ENERGY EFFICIENT, YOU KNOW, DWELLING.
THIS WOULD BE 320 SQUARE FEET.
AND THEN THIS WOULD BE 160 SQUARE FEET.
SO TOTAL OF ONLY 640 SQUARE FEET, TWO METAL CONTAINERS DIVIDED BASICALLY INTO THREE DIFFERENT UNITS.
WE, UNDER THE IDZ, WE DO COMPLY WITH THE PARKING.
WE HAVE ENOUGH FOR TWO UM, VEHICLES TO PARK THERE.
UM, YOU KNOW, THE LOT IS EMPTY.
WE ARE TRYING TO DO SOMETHING CREATIVE WITH IT.
THERE'S BEEN A LOT OF DUMPING ON THE LOTS.
COST US A LOT OF MONEY TO, TO, YOU KNOW, KEEP IT CLEAN AND MOWED AND, AND, UM, SO THAT WE DON'T GET ANY VIOLATIONS FROM THE CITY.
UM, AGAIN, I KNOW IT'S MULTIFAMILY AND IT, YOU KNOW, BUT ACTUALLY THERE'D ONLY BE LIKE THREE PEOPLE LIVING THERE.
IT'S ONLY, YOU KNOW, THEY'RE SO SMALL, THEY'RE ENERGY EFFICIENT.
WE'RE JUST TRYING TO CREATE SOMETHING, UM, GOOD FOR THE NEIGHBORHOOD.
I DID BRING, UH, ORIGINALLY WE HAD PROPOSED FOR FOUR UNITS, CUTTING THOSE TWO INTO FOUR DIFFERENT DWELLINGS, BUT IT WAS RECOMMENDED MAYBE IT WOULD BE A BETTER, UH, IF WE REDUCED IT TO THREE.
AND THOSE PHOTOS, UM, PEOPLE WERE ASKING WHAT DO THEY LOOK LIKE? I MEAN, WE'RE NOT TRYING TO DO SOMETHING ON THE CHEAP END OR ANYTHING.
I MEAN, THEY'RE, THEY'RE, YOU KNOW, VERY APPEALING.
I THINK IT'S ACTUALLY GOOD FOR THE NEIGHBORHOOD.
UM, WE DO HAVE A HISTORY OF TRYING TO KEEP OUR, YOU KNOW, AREAS CLEAN AND, AND UH, WE'RE ACTUALLY BUILDING A DUPLEX AT 29 42 DICO USING THE SAME TYPE OF UH, DWELLINGS.
ANY PUBLIC COMMENT? NO PUBLIC COMMENT.
ALRIGHT, MR. G***O, STAY UP THERE PLEASE.
UM, ALRIGHT, THIS IS THE DISTRICT FIVE CASE.
UM, MR. GDO, YOU AND I WENT AND WALKED THE NEIGHBORHOOD A COUPLE OF SATURDAYS AGO? THAT IS CORRECT.
AND THEY WERE BOTH IN FAVOR? THAT IS CORRECT.
YOU HAVE TWO SPOTS OF PARKING ON THE APRON THERE? THAT IS CORRECT.
SO THAT LEAVES AND, AND OUR IDZ THREE WOULD REQUIRE HALF OF THE NORMAL PARKING, WHICH WOULD BE THREE.
OKAY, SO THAT WOULD BE 1.5 UNDER IDZ? THAT IS CORRECT.
WHERE'S THE CLOSEST VIA BUS STATION FROM HERE? IF YOU GO, UM, DOWN VERA CRUZ AND UM, GO TO THE LEFT TOWARDS LAREDO, IT'S ABOUT NINE BLOCKS AWAY.
AND IF YOU GO TOWARDS GUADALUPE, IT'S FIVE, FIVE BLOCKS AWAY.
UH, QUESTIONS TO MY LEFT? YES.
COMMISSIONER BEL, UH, TO STAFF.
UH, WHAT'S THE ACREAGE ON THE LOT? SQUARE FEET? IS IT BETTER? YEAH.
UM, SQUARE, IT'S ONLY 18 1,873 SQUARE FEET.
THAT WAS GONNA BE MY SECOND QUESTION,
SO, UH, HOW, HOW DID, HOW DID WE GET A LOT SO SMALL? HOW, HOW WAS IT PLATTED LIKE THAT? OR HOW DID IT MOST LIKELY WAS PLATTED BEFORE, IT'S A VERY OLD AREA.
SO THIS AREA WAS PLATTED LONG BEFORE, UM, ZONING WAS EVEN ESTABLISHED, MOST LIKELY.
UM, PUTTING ASIDE I TO Z UM, IS THERE ANY WAY ELSE TO BUILD ON A LOT THIS SMALL? YES.
UM, WELL ONE OPTION THAT IS A POSSIBILITY IS TO GET A CERTIFICATE OF DETERMINATION WOULD NOT NEED THE REZONING.
THEY WOULD LOOK AT THE HISTORY OF THE LOT, BUT IT WOULD ONLY PERMIT ONE UNIT.
R ONE IS ALSO ANOTHER POSSIBILITY FOR THAT SQUARE FOOTAGE, AGAIN, WOULD ONLY ALLOW ONE UNIT.
BUT AGAIN, TO CONFIRM THE LOT IS MARKETABLE THROUGH OTHER MEANS IN AN IBZ.
IT JUST, YOU COULDN'T HAVE AS MANY UNITS ON.
UH, BEFORE I MOVE ON, MS. LEAL, WE HAD TWO COMMISSIONERS LEAVE AND I COMPLETELY DID NOT REGISTER THAT.
SO LET'S START WITH COMMISSIONER KELLY.
COMMISSIONER KELLY LEFT AT 4:20 PM HE RETURNED AT 4:23 PM COMMISSIONER PETE RODRIGUEZ DID LEAVE AT 4:23 PM
[03:15:02]
AND RETURNED AT 4:26 PM ALRIGHT, THANK YOU SO MUCH QUESTIONS TO MY LEFT? YES, COMMISSIONER SIPES.UM, I GUESS THIS IS A QUESTION FOR THE APPLICANT.
COULD YOU REMIND ME AGAIN, UH, WHERE THE NEAREST VIA BUS STOP IS? I THOUGHT YOU SAID NINE.
IS IT NINE? WELL, IT'S LIKE TWO BLOCKS DOWN VERACRUZ AND THEN SEVEN BLOCKS UP ONE WAY OR TWO BLOCKS DOWN VERACRUZ AND ABOUT THREE BLOCKS THE OTHER.
IF YOU, WHEN YOU TURN IT ON, POINT IT THAT WAY
THAT WA THAT WAS ALL MY QUESTIONS.
ALRIGHT, THANK YOU COMMISSIONER SIPES, ANY FURTHER QUESTIONS LEFT? YES, COMMISSIONER, REAL QUICK.
UH, SO YOU'VE DONE A COUPLE OF THESE IN OTHER LOTS IN TOWN THAT YOU OWN? YES, SIR.
WE'RE IN THE PROCESS RIGHT NOW AT, UH, 29 42 PICCO.
UH, WE HAVE, UM, A DUPLEX THERE ON THAT CORNER.
UM, BUT WE STACKED THEM AND WE DIDN'T WANT TO DO THAT HERE.
UH, THE OTHER 29 42 IS ON A CORNER AND SO IT MADE MORE SENSE TO STACK 'EM TO GET TWO UNITS THERE.
UH, BUT THEY'RE BIGGER, SO, YOU KNOW, WE'RE TALKING ABOUT 1,280 SQUARE FEET.
THIS WOULD BE ONLY HALF OF THAT, BUT WE'RE PUTTING 'EM SIDE BY SIDE SO THAT WE DON'T IMPEDE WITH THE NEIGHBORS AND, YOU KNOW, GET IT TWO CROWDED IN THERE.
I MEAN, IT'S, IT'S ONLY 16 FEET WIDE.
SO YOU FOUND NO OTHER, UH, OPTION TO BUILD ANYTHING ON HERE OTHER THAN TRYING TO WELL, I MEAN THERE'S ALWAYS OPTIONS.
YOU KNOW, WE'RE, LIKE I SAID, WE WERE TRYING TO DO, UH, IT'S STILL TWO CONTAINERS EITHER WAY, HOWEVER YOU CHOP IT UP, IT'S ONLY TWO CONTAINERS, WHICH IS EIGHT BY 40 TIMES TWO.
AND SO, UH, WHAT WE'RE TRYING TO DO IS WE ORIGINALLY HAD, HAD, UH, TRIED TO GET FOUR DIFFERENT UNITS, BUT WE FELT LIKE, WELL MAYBE WE'RE GONNA BE ASKING TOO MUCH.
SO WE DRILLED IT DOWN TO THREE TO IN HOPE.
THANK YOU THAT IT WOULD BE MORE PALATABLE.
ANY FURTHER QUESTIONS? LEFT? QUESTIONS RIGHT? YES.
SO I, THIS IS KIND OF A NEW CONCEPT TO ME.
UH, THE CONTAINERS, HOW, HOW, YOU MIGHT HAVE MENTIONED THIS, BUT I MIGHT HAVE MISSED IT.
HOW MANY RESIDENTS OR HOW MANY, HOW MANY PEOPLE PER, PER CONTAINER? WELL, I, IT'S THERE TWO UNITS ARE 160 SQUARE FEET AND THE OTHER ONE'S THREE 20.
SO I WOULD SAY ONLY PROBABLY ONE PERSON WOULD LIVE IN EACH ONE.
WE'RE JUST TRYING TO CREATE AFFORDABLE, GOOD QUALITY, AFFORDABLE HOUSING IN THE AREA.
AND, AND A QUESTION FOR STAFF.
I IS, WOULD THAT BE CONSIDERED A DUPLEX? COULD COULD YOU REPEAT THAT QUESTION? WOULD THAT BE CONSIDERED A DUPLEX FOR, FOR REQUEST THREE? OH, I'M, IT'S, IT'S THREE UNITS OR THREE CONTAINERS.
WHEN YOU LOOK AT THIS, THIS IS FROM HERE TO HERE IS ONE CONTAINER.
FROM HERE TO HERE IS ANOTHER CONTAINER.
WE CUT OUT THE MIDDLE TO MAKE THIS THE BIGGER UNIT.
SO THIS WOULD BE 320 SQUARE FEET.
THIS IS ONE 60 AND THIS IS ONE 60.
THIS, THESE ARE SMALLER THAN THE HOUSES THAT ARE NEXT DOOR.
THOSE HOUSES NEXT DOOR ARE 800 TO A THOUSAND SQUARE FEET.
I WOULD IMAGINE, BASED ON MEASUREMENTS THAT I LOOKED AT, I'M OKAY, I'M STILL CONFUSED.
SO HOW MANY ACTUAL CONTAINERS IS IT? TWO.
BUT YOU DIVIDE THEM UP TO THREE, CORRECT.
ONE 60 SQUARE FEET, THREE 20 AND ONE 60.
AND EACH ONE IS ONE BEDROOM? YEAH, I MEAN THE ONE 60, YOU'RE GONNA HAVE PROBABLY A FUTON IN THERE OR SOMETHING AND A BATHROOM, A SHOWER, YOU KNOW, WE'RE COMPLYING WITH ALL THE FIRE, UH, HAZARD ISSUES THAT MAY COME, YOU KNOW, COME UP BECAUSE THEY'RE COMBINED.
ALRIGHT, ANY FURTHER QUESTIONS? RIGHT.
SEEING NONE QUESTIONS LEFT? YES, DO WILL, UM, I, UH, CAUGHT THE STAFF REPORT, UH, PLAN AMENDMENT.
THERE'S ANOTHER PLAN AMENDMENT.
SO SIMILAR TO THE PREVIOUS CASE, UM, I NOTICED THE, UH, PLAN AMENDMENT, UH, REQUESTS A CHANGE TO, UH, HIGH INTENSITY.
IT NEEDS TO BE A MIXED USE TO ALLOW THE IDZ AND THEN HAS TO BE A HIGHER DENSITY JUST BECAUSE THAT THREE UNITS OVERALL AND THAT SMALL OF A LOT INCREASES THE DENSITY AND THEN THE, I MEAN CURRENTLY IT'S UH, WHAT, WHAT IS THE CURRENT, UH, LAND USE, UH, COMPREHENSIVE PLAN DESIGNATION, LOW LOW DENSITY RESIDENTIAL AND THE SURROUNDING.
I MEAN, WE DON'T HAVE TO PULL UP THE MAP LIKE, YOU KNOW, AGAIN, BUT, UH, THE SURROUNDING AREA IS ALL LOW DENSITY OR THERE ARE POCKETS OF HIGHER DENSITIES.
UH, I BELIEVE IT'S ALL LOW DENSITY.
SO LIKE, WHERE'S THE CLO I MEAN THIS IS REALLY NESTLED WITHIN THE NEIGHBORHOOD.
[03:20:01]
UM, HIGHER DENSITY THAT ORANGE IS BASICALLY THE HIGH DENSITY OR THE LOW DENSITY MAKES USE UP NORTH IN THAT PURPLE COLOR.SO THAT WAS LIKE A COUPLE OF BLOCKS TO THE MEDIUM DENSITY.
UM, BUT I GUESS, IS IT FAIR TO SAY THIS WOULD BE THE ONLY HIGH DENSITY? IT'S LIKE ONE LOCK, RIGHT? YEAH, I AGREE.
I IT WOULD STAND OUT AS UNIQUE TO, YEAH.
ALRIGHT, ANY FURTHER QUESTIONS? LEFT FURTHER QUESTIONS? RIGHT.
AND WHAT DID PLANNING DO? I THEY CONTINUED IT
UH, AS I MENTIONED, THANK YOU.
THE PUBLIC COMMENT IS NOW OVER FOR THIS ITEM.
THIS ITEM NUMBER FOUR IS A DISTRICT FIVE CASE.
SO IT IS TO ME FOR DISCUSSION AND POTENTIAL MOTION.
UH, I APPRECIATE STAFF'S RECOMMENDATION OF DENIAL.
UM, ONE OF THE ISSUES THAT I'VE BEEN STRUGGLING WITH IN THIS IS THAT THIS IS AN R ONE LOT, NO QUESTION ABOUT IT.
UH, IT WAS ESTABLISHED WELL BEFORE THERE WAS R ONE FOR THE PLAN.
AND BECAUSE OF THE PLAN AND THE WAY THAT IDZ FITS WITHIN THE PLAN, IT DOES HAVE TO