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[00:00:10]

ALL RIGHT, WE ARE GOOD TO GO.

THANK YOU VERY MUCH.

ALL RIGHT, FOLKS.

WE ARE LIVE NOW, UH, FOR OUR, UH, WORK SESSION BRIEFING TODAY.

WE HAVE A COUPLE FOLKS FROM THE PLANNING DEPARTMENT, UH, SO I'M GONNA TURN IT OVER TO THEM AND WE CAN, UH, GO AHEAD AND GET STARTED.

GOOD AFTERNOON COMMISSIONERS.

AND MADAM CHAIR, MY NAME IS PRISCILLA ROSALES PINA.

I'M A PLANNING MANAGER WITH THE PLANNING DEPARTMENT.

TODAY, I'M BRIEFING YOU ON A PETITION REQUESTING THE CITY OF SAN ANTONIO'S CONSENT TO THE CREATION OF MY MEDINA COUNTY OF A FRESHWATER SUPPLY DISTRICT, WHICH WILL BE NAMED AS MEDINA COUNTY F W S D, NUMBER FIVE.

IT WILL SUBSEQUENTLY BE CONVERTED TO A WATER CONTROL AND IMPROVEMENT DISTRICT, WHICH WE ALSO REFER TO AS THE W C I D.

SO, SLIDE TWO, PLEASE.

THIS SLIDE PROVIDES INFORMATION ABOUT THE APPLICANT AND THE PROJECT ITSELF.

THE APPLICANTS ARE GALLAGHER CONCOURSE, A TEXAS LIMITED PARTNERSHIP, AND DW 3 81 PARTNERS, A TEXAS LIMITED LIABILITY COMPANY, FARM LANDOWNERS AND DAFFY BUILT DEVELOPMENT, WHICH IS WHO IS THE DEVELOPER UNDER ON THE GALLAGHER TRACK, WHICH CONSISTS OF 667.71 ACRES, GENERALLY LOCATED SOUTHWEST OF TAMRON VALLEY AND LEGEND HALL IN THE CITY OF SAN ANTONIO.

BT A APPROXIMATELY 60, APPROXIMATELY 92% OF THE GALLAGHER TRACTS ARE LOCATED IN ME COUNTY, WHICH IS ABOUT 625 9 ACRES.

AND THE OTHER 41 ACRES ARE IN BEAR COUNTY.

THE PROPOSED DEVELOPMENT WILL CONSIST OF A RESIDENTIAL SUBDIVISION MADE UP OF 2,800 SINGLE FAMILY HOUSING UNITS.

THE PROPOSED DISTRICT WOULD PROVIDE AND FUND ON ONSITE INFRASTRUCTURE, INCLUDING TWO INDIVIDUAL LOTS, STREETS AND STREETSCAPES, AND SOME OFFSITE IMPROVEMENTS TO STREET AND WATER LINES AND ELECTRICAL LINES.

THE ESTIMATED COST FOR THESE IMPROVEMENTS ARE PROJECTED AT 95 5 5 MILLION, AND THE DISTRICT REVENUE IS PROJECTED AT 82.7 MILLION.

NEXT SLIDE, PLEASE.

OH, I, I FORGOT TO MENTION THAT THE PROPOSED DEVELOPMENT IS ALSO SITUATED IN THE WATER CERTIFICATE, CONVENIENCE AND NECESSITY, OR C C N OF NANCY WATER SUPPLY AND SALT, AND IN THE SEWER C C N OF SALT.

SO, UM, IN THIS NEXT SLIDE, IT SUMMARIZES THE AUTHORITY AND THE POWER OF THE COUNTIES AND THE VARIOUS DISTRICTS INVOLVED WITH THIS PARTICULAR PETITION.

THE INITIAL FRESHWATER SUPPLY DISTRICT WILL CONSIST OF ONLY THE 65 25 0.98 ACRES THAT ARE WHOLLY LOCATED IN MEINA COUNTY.

THE PURPOSE OF THIS DISTRICT IS TO IMPROVE, OPERATE, AND MAINTAIN ROAD ROADS AND PROVIDE WATER AND SEWER IMPROVEMENTS, WHICH REQUIRE ROAD DISTRICT POWERS.

HOWEVER, STATE LAW PROVIDES THAT IN ORDER FOR MEDINA COUNTY TO CREATE THE FRESH WATER SUPPLY DISTRICT WITH THE ROAD DISTRICTS, THE CITY MUST CON MUST PROVIDE ITS CONSENT SO THAT THE DISTRICT CAN EXERCISE THOSE POWERS.

SO, AS YOU CAN SEE, THE FIRST TABLE, IT SHOWS WHAT MEDINA COUNTY'S GONNA CREATE.

THE, SO AFTER ITS CREATION, THE FRESH WATER SUPPLY DISTRICT WILL BE CONVERTED TO A W C I D A WATER CONTROL IMPROVEMENT DISTRICT.

ALL THE WA OTHER, THE WATER CONTROLLED DISTRICT IMPROVEMENT DISTRICTS DON'T HAVE ROOF DISTRICT POWERS.

THEY HAVE THE AUTHORITY TO EXPAND INTO ANOTHER COUNTY.

SO THE CONVERTED DISTRICT WILL BE ABLE TO ADD THE 41.2 ACRES THAT ARE LOCATED IN BURKE COUNTY, AND IT WILL ALSO, AND IT WILL HAVE THE CITY'S CONSENT IN ORDER FOR THIS ANNEX EXTENSION TO OCCUR.

NOW, ONCE THE, THE CONVERSION HAPPENS, THE CONVERTED WATER CONTROL IMPROVEMENT DISTRICT WILL RETAIN THE ROAD IMPROVEMENT POWERS OF THE FRESHWATER SUPPLY DISTRICT, AND IT WILL GAIN THE POWERS OF THE WATER CONTROL.

SO THE FINAL WILL BE THE CONVERTED DISTRICT WITH ALL THE ACREAGE, AND IT'LL CROSS BE, WOULD CROSS, UH, BOTH COUNTIES AND HAVE TO ROLL DISTRICT POWER.

SO THAT'S THE TAKE.

THAT'S THE

[00:05:01]

LAST, UH, ROAD TABLE.

NEXT SLIDE.

THIS SLIDE SHOWS, UM, THE TERMS OF THE CITY'S CONSENT, AS WELL AS THE DEVELOPMENT AGREEMENT TERMS. IN REGARDS TO THIS CONSENT, THE CITY HAS CONSENTED TO MANNA COUNTY CREATING THE INITIAL FRESHWATER SUPPLY DISTRICT WITH BOTH DISTRICTS, AND ALSO THE CONVERSION OF THE WATER COM, UH, CONTROL TO A WATER CONTROL IMPROVEMENT DISTRICT.

AND IT WILL ALLOW THE WATER CONTROLLING IMPROVEMENT DISTRICT TO ANNEX THE REMAINING 41 ACRES IN BURKE COUNTY.

HOWEVER, AFTER THE INITIAL EXPANSION, THE DISTRICT WILL NOT BE ALLOWED TO ANN ANNEX ANY ADDITIONAL LAND OR EXPAND ITS BOUNDARIES.

THE CITY AND THE OWNERS HAVE MUTUALLY AGREED TO TRANSFER TO A DEVELOPMENT AGREEMENT, AND THE TERMS OF DISAGREEMENT INCLUDED, THE CITY WILL NOT ANNEX THE DISTRICT FOR 30 YEARS OR DURING THE TERM OF THE AGREEMENT.

AND THE OWNERS ALSO CONSENT TO VOLUNTARY ANNEXATION ABOUT, UPON TERMINATION OF THE AGREEMENT, THE OWNERS ALSO AGREED TO COMPLY WITH ALL CITY CODES, RULES, REGULATIONS, AND LAWS APPLICABLE TO ANY PROPERTY LOCATED IN THE CITY C P J DURING ALL PHASES OF THE DEVELOPMENT AND CONSTRUCTION OF PROJECTS DURING THE TERMS OF THE AGREEMENT.

NEXT SLIDE.

THIS SLIDE HERE OUTLINES THE, UH, PROCESS FOR THE BOARD THAT IT WILL, AFTER IT GOES TO CITY COUNCIL, IT WILL GO TO THE MENA COUNTY COMMISSIONER'S COURT FOR CREATION.

AND THEN LAST SLIDE, THIS CONCLUDES MY PRESENTATION, AND I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE REGARDING THIS ITEM.

THANK YOU.

THANK YOU, PRISCILLA.

BEFORE I MOVE TO QUESTIONS, IF YOU CAN, UM, JUST CLARIFY WHAT THE PLANNING COMMISSION'S PURVIEW, UM, IS FOR THIS ITEM.

WHEN WE SEE IT AGAIN ON THE 24TH, IT'S, UM, PLANNING COMMISSION PROVIDES A RECOMMENDATION TO CITY COUNCIL, WHETHER APPROVAL OR DISAPPROVAL REGARDING ANYTHING WITHIN THE CITY'S BOUNDARIES AND EACH DAY BOUNDARIES.

SO THAT'S, IT'S A, THAT IS WHY IT'S IN THE CITY CHARTER, THAT ANY OF THESE ITEMS HAVE TO COME TO THE PLANNING COMMISSION BEFORE IT GOES TO TO CITY COUNCIL.

OKAY, THANK YOU.

UH, DO WE HAVE ANY QUESTIONS? I'M LOOKING AT EVERYONE'S, UM, CAMERAS.

IF YOU DO HAVE A QUESTION, IF YOU DON'T MIND RAISING YOUR HAND, AND I'LL HAPPILY CALL ON YOU ALL.

OKAY.

COMM, JUST A QUICK QUESTION.

UM, IS THIS ONE THAT WE SAW PREVIOUSLY, OR NO, THIS IS THE FIRST TIME WE'RE SEEING THIS ITEM.

UM, I, YOU MIGHT BE THINKING OF THE RED BIRD.

OH, OKAY.

.

BUT THAT WAS A LITTLE BIT DIFFERENT BECAUSE THAT INVOLVED A RELEASE OF FROM, FROM THE E T J.

OKAY, THANK YOU.

NO QUESTIONS.

THANK YOU, COMMISSIONER PRISCILLA, THE, UH, ANNEXATION AGREEMENT, SO THE, THE 40 SOMETHING ACRES IN MEDINA COUNTY WILL BE ANNEXED INTO THE CITY OF SAN ANTONIO, IS THAT CORRECT? IT WOULD BE ANNEXED BY THE DISTRICT, THE DISTRICT, WE WOULD BE PROVIDING OUR CONSENT FOR THE DISTRICT TO ANNEX THOSE 41 ACRES TO THE FRESHWATER SUPPLY DISTRICT.

CANNOT ANNEX, CANNOT GO INTO ANOTHER COUNTY, BUT THE WATER CONTROL IMPROVEMENT DISTRICT CAN, BUT AFTER THE TRUTH, EVENTUALLY, EVENTUALLY THE DEVELOPMENT AGREEMENT, WE WOULD BE ABLE TO ANNEX THE ENTIRE, UH, DISTRICT AT THE END OF THE 30 YEARS, DEPENDING WHAT THE STATE LAW IS AT THAT TIME AND WHERE THE CITY OF SAN ANTONIO IS AT.

OKAY, THANK YOU.

IF I CAN CLARIFY, UH, GOOD AFTERNOON COMMISSIONERS.

THIS IS SUSAN GWEN WITH THE CITY ATTORNEY'S OFFICE.

THE TERM ANNEXATION, IF YOU'RE THINKING OF THE CITY'S ABILITY TO ANNEX, PRISCILLA REFERENCED THE CITY WOULD HAVE THE ABILITY PER THE AGREEMENT, BUT GENERALLY WHEN THE CITY PROVIDES THEIR CONSENT TO THE CREATION OF THE DISTRICTS, IT DOES NOT AGREE TO ALLOW THE DISTRICT TO ANNEX ADDITIONAL ACREAGE INTO THEIR DISTRICT.

HOWEVER, THIS ENTIRE, UM, APPLICATION CAME FORWARD WITH THESE ADDITIONAL ACRES IN BEXAR COUNTY.

THEY'LL START IN MEINA.

THEY WERE UPFRONT, WE KNEW IT.

AND SO WE ARE GOING TO PROVIDE FOR THAT IN THE AGREEMENT, IN THE CONSENT THAT THIS WOULD BE THE ONE ABILITY THAT THEY DON'T HAVE TO COME BACK AGAIN BECAUSE WE KNOW THEY'RE, THEY'RE ANTICIPATING IT.

SO IT'S A, IT IS ANNEXATION, BUT IT'S NOT ANNEXATION INTO THE CITY LIMITS.

IT'S ANNEXATION INTO THE DISTRICT BY THE DISTRICT.

OKAY.

THANKS FOR THE CLARIFICATION.

DO I HAVE ANY OTHER QUESTIONS? MR. HAN, DID I PRONOUNCE YOUR LAST NAME RIGHT? NO, THAT'S, THAT'S, THAT'S, IT'S ORIEN IT'S

[00:10:01]

FINE.

I WAS JUST WONDERING, IS THERE, IS THERE ANYBODY EXPRESSED ANY CONCERN OR, OR, YOU KNOW, OPINION AGAINST THIS SORT OF ACTIONS? DOES, IT SOUNDS LIKE A NO-BRAINER, BUT IS THERE, IS THERE ANY ENTITY OR GROUP OR PERSON THAT HAS JUST EXPRESSED, UH, THAT THEY WERE AGAINST THIS SORT OF THING? AT THE MOMENT, IT IS BEING CANVASED BY DIFFERENT DEPARTMENTS AND INCLUDING OUR, UM, OUR PARTNERS WITH, UH, SAS, AND WE ACTUALLY HAVE COORDINATED WITH THEM, AND THEY SHARED THE U S A FOR THE GALLAGHER INITIALLY, THEY, IT CAME IN AS THE GALLAGHER TRACK, SO WE STILL KIND OF REFER IT TO AS THE GALLAGHER TRACK, BUT IT'S OFFICIAL NAME WILL BE THE COUNTY.

SO IT'S, THAT'S BEING COORDINATED AND THEY'RE ALSO COORDINATING WITH THE WATER SUPPLY, SO THERE'S NO, UM, ENCROACHMENT BY EITHER ONE.

OKAY.

, I WAS JUST WONDERING IF ANYBODY'S GONNA SHOW UP ON THE, ON THE 24TH AND RAISE A BUNCH OF CONCERNS THAT MAYBE WE WEREN'T AWARE OF.

SO, BUT THANK YOU PRISCILLA.

THANK YOU.

ANY OTHER COMMISSIONER QUESTIONS? YEAH, THE CONSTRUCTION COST.

I RECEIVED AN EMAIL WITH ESTIMATED CONSTRUCTION COSTS.

IT'S A LITTLE BIT DIFFERENT THAN WHAT YOU SHOWED IN THE SECOND SLIDE.

IS IT, IS IT, IS IT DIFFERENT OR THERE IS ANOTHER ITEM THAT NEED TO BE ADDED? I'M GETTING HERE ABOUT 64,000,050 1 MILLION.

I'M USING THE SUMMARY OF ALL THE APOLOGIES.

PRISCILLA, UM, YOU'RE CUTTING OUT A LITTLE BIT.

IF YOU CAN, IF YOU CAN START FROM THE TOP PLEASE.

OKAY.

UH, I'M USING THE INFORMATION FROM THE SUMMARY IN THE PETITION AND, UM, AND, UM, IT'S, IT'S, UH, THERE ARE ONSITE AND OFFSITE, UM, IMPROVEMENT COSTS, SO I'M NOT SURE IF WHAT INFORMATION YOU'RE LOOKING AT.

SO I DON'T HAVE THE PETITION RIGHT IN FRONT OF ME, BUT THEY, THEY DID DO SEVERAL TABLES AND I, AND WE JUST USED THE SUMMARY, WHICH HAD THE TOTAL.

OKAY.

THIS IS COMMISSIONER CARILLO.

ALSO, I WOULD POINT OUT STAFF, UM, PRISCILLA, WHEN YOU MAKE THE PRESENTATION ON THE 24TH, YOUR PRESENTATION SAID, UM, UH, FRESHWATER SUPPLY DISTRICT NUMBER FIVE, BUT THE DOCUMENTATION WE RECEIVED SAYS IT'S NUMBER FOUR, SO WHATEVER ONE IS CORRECT, UM, JUST TO MAKE SURE IT MATCHES.

AND I, I THINK, UM, AGAIN, IT'S, I I DO APOLOGIZE ABOUT THAT BECAUSE I'VE, I DID SEE THE NUMBER FOUR, BUT I'VE ALSO SEEN THE NUMBER FIVE.

WE ARE STILL, THAT'S LITTLE.

WE'RE, IT'S THE, IT'S INFORMATION.

YOU'RE CORRECT.

WE NEED TO HAVE THAT, UM, CLARIFIED BEFORE WE CAME HERE, AND I DO APOLOGIZE ABOUT THAT.

I SAW THAT.

AND, BUT IN MY MIND, THE NUMBER FIVE, WE'VE, WE'VE GOTTEN DOCUMENTATION WITH BOTH AND THAT'S KIND OF AN ISSUE THAT WE KIND OF BEEN TRYING TO WORK WITH THEM.

SOMETIMES WE GET DIFFERENT ACREAGE AND SAY, WHAT IS YOUR FINAL ACREAGE? BUT I DO APOLOGIZE, THAT'S ON US.

THANK YOU FOR CATCHING.

COMMISSIONER CARILLO, UH, PRISCILLA, IF YOU CAN CLARIFY, UM, WHAT ARE THE OTHER AREA OF FRESHWATER SUPPLY DISTRICTS? IN, IN OUR E T J OR IN OUR, IN, IN A, WE DON'T, I'M NOT AWARE THAT WE HAVE ANY OTHERS.

OKAY.

IT'S, UM, THIS IS KIND OF THE FIRST, I MEAN, WHEN WE HAD THE REDBIRD, IT, THEY ACTUALLY ENDED UP HAVING TO, UM, ASK FOR A REQUEST TO A RELEASE FROM OUR E T J, WHICH WAS UNUSUAL TOO.

OKAY.

SO THIS WILL BE OUR FIRST, RIGHT.

AND, AND WE WERE, UH, LIKE I SAID, WE, WE BROUGHT OUR CONCERNS OR WE DISCUSSED IT WITH SAWS, WE, HOW WOULD IT IMPACT THEM? AND, UH, BUT THERE, THERE, LIKE I SAID, THERE IST U S A THAT'S BEING EXTENDED OUT THERE TO THEM.

OKAY.

AND, AND SO WAS IN FAVOR, OR AT LEAST FROM THE, UH, STAFF POINT OF VIEW, IT'S, AND I, AND I SHOULD HAVE DOUBLE CHECKED, BUT IT'S, IT'S A, IT'S GOING TO THE BOARD FOR, UM, APPROVAL.

OKAY.

DID, UH, THE LAST QUESTION FROM ME, DO WE HAVE ANY, ANY OTHER AREA OF CITIES OR CITIES ACROSS THE STATE THAT, UM, THAT WE LEARNED FROM, UM, THAT ALREADY HAVE SOME OF THESE DISTRICTS? WE, WE ARE ACTUALLY BEEN WORKING ON OUR WALL SPECIAL POLICY OR PROCEDURES.

AND WHAT WE FIND OUT THAT EVERY CITY IS KIND OF UNIQUE.

FOR INSTANCE, THE CITY OF HOUSTON HAS A LOT OF, UM,

[00:15:01]

MUDS, UM, MUNICIPAL UTILITY DISTRICTS.

WE DID NOT FIND, UM, WE FOUND MAYBE SOME IN, UM, NORTHEAST TEXAS NEAR DALLAS.

THEY MIGHT HAVE A FEW FRESHWATER SUPPLY DISTRICTS, BUT IT'S, EVERY SITUATION IS KIND OF UNIQUE TO THAT CITY.

BUT AGAIN, WE JUST, WHAT WE DO IS WE COORDINATE WITH SALTS AND, UH, AND ALSO MEDINA COUNTY'S ALSO COORDINATING TOO WITH NANCY AND WITH SASS.

AND YOU SAID IT'S GOING TO THE SAS BOARD FOR THE IKA? SORRY, FOR THE U S A, WHAT DATE IS IT? I, I AM NOT SURE ON THE DATE.

IT'S, WE, WE REVIEWED IT.

THIS, ACTUALLY, WE DISCUSSED THIS WITH SAS BACK IN DECEMBER, SO IT'S, I DON'T KNOW IF IT, I DIDN'T SEE IT ON THE JANUARY, UM, AGENDA, SO I'M NOT SURE IF IT'S GOING TO, IF IT WENT, IT WASN'T ON FEBRUARY, SO IT'S BECAUSE IT'S STILL, IT, IT'S STILL BEING, UH, I GUESS DEVELOPED.

SO THEY, WE JUST KIND OF STARTED DOING EARLY COORDINATION AND SEE IF THIS IS COMING.

EXCUSE ME AGAIN, PRISCILLA, IF I CAN JUMP IN.

SUSAN GWEN, UM, THE WATER DISTRICT DOES NOT GO TO SAS FOR APPROVAL.

THEY'RE U S A, WHICH IS PART OF THIS PROJECT.

UM, WE HAVE BEEN COORDINATING WITH SAS AND THEY ARE NOT IN OPPOSITION OF THIS DISTRICT.

OKAY.

THANK YOU FOR THE CLARIFICATION.

SO QUESTION, THIS IS COMMISSIONER BACK, QUICK QUESTION.

SO THIS AREA, THIS ENTIRE AREA IS WITHIN SAS, C C N, I'M ASSUMING IT'S PART OF THE WATER PART OF IT.

IT'S IN THE WATER.

C C N OF SAS AND PART OF IT IS IN YANCY WATER.

OH, BOTH THE COMBINATION, BUT ANOTHER UTILITY.

AND WITH MEDINA COUNTY IS, IS BOTH GONNA PROVIDE SERVICE OR IS SAS TAKING OVER THE ENTIRE AREA? NO, THEY'RE BOTH PROVIDING SERVICE.

OH, THEY BOTH WILL.

OKAY.

THANK YOU.

OKAY.

I DON'T HEAR ANY OTHER QUESTIONS.

UM, IF NOT, WE CAN MOVE ON TO THE REST OF THE AGENDA.

I'LL, UM, I'LL START OFF.

WE HAVE 12 MINUTES BEFORE THE MEETING, I NOTICED THAT WE HAVE TWO DENIALS.

UM, IF WE CAN, IF WE CAN START OFF WITH ON THE AGENDA ITEM NUMBER 16, THE AND STAFF, IF YOU CAN CLARIFY THE DENIAL AND IF THE, THE APPLICANT DECIDE, UM, DECIDE OR, OR WILL CHANGE THEIR, THEIR REQUEST.

THANK YOU, MADAM CHAIR, THIS IS CHRISTIE.

CAN YOU HEAR ME OKAY? YES, MA'AM.

GREAT.

OKAY, SO THE FIRST DENIAL IS ITEM NUMBER 16.

THIS IS GOING FROM NEIGHBORHOOD MIXED USE TO URBAN MIXED USE.

THIS IS PART OF THE MIDTOWN REGIONAL CENTER PLAN.

AND SO, UM, JUST TO GET THE NOTICES OUT OF, UH, OUT OF THE WAY, THERE WERE CITY 46 NOTICES MAILED, UH, TWO RECEIVED IN FAVOR, NONE IN OPPOSITION, UH, BUT TOBIN HILL NEIGHBORHOOD ASSOCIATION IS OPPOSED.

AND SO THE ISSUE ON THIS ONE IS IT IS THE NEW MIDTOWN PLAN.

AND SO THIS AREA WAS, UH, COMPREHENSIVELY PLANNED OUT.

AND SO THE NEIGHBORHOOD MIXED USE CATEGORY WAS FOUND TO BE APPROPRIATE.

THE APPLICANT IN THIS PARTICULAR CASE IS SEEKING I D Z WITH A DENSITY OF NINE DWELLING UNITS.

BUT IF THEY STICK WITH THE NEIGHBORHOOD MIXED USE, WHICH IS PRESCRIBED FOR THE AREA, IT IS ONLY TWO LESS UNITS.

AND SO IT IS STAFF'S, UH, RECOMMENDATION THAT THAT BE A DENIAL AND THAT THEY TRY TO CONFORM TO THE DESIGNATED LAND USE.

AND, AND CHRISY, TO OUR KNOWLEDGE, THEY HAVE NOT MADE THAT DECISION QUITE YET.

I HAVE NOT HEARD ANYTHING YET, BUT THEY WILL BE ON THE CALL SINCE IT IS A DENIAL.

SO THAT QUESTION CAN BE ASKED COMMISSIONER PR, THERE IS I D Z ON THE TWO ADJACENT BLOCKS.

AND THEN I THINK THE OTHER PART OF THE BLOCK IS, UH, URBAN MIXED USE.

WAS THAT PART OF THE ORIGINAL PLAN FROM 19TH OR WAS THAT A PLAN AMENDMENT CHANGE

[00:20:13]

STAFF? DID Y'ALL HEAR THAT? I'M SORRY.

I THOUGHT I WAS UN-MUTED AND I WAS NOT.

OH, I KEEP MUTING AND UNMUTING MYSELF.

.

UH, SO YES, THIS AREA WAS COMPREHENSIVELY PLANNED OUT.

THE MIDTOWN PLAN WAS APPROVED IN JUNE OF 2019.

AND, AND THOSE WERE ALL CONSIDERATIONS.

IT IS NOT, PER SE, THE INFILL DEVELOPMENT ZONE, UH, THAT IS OF CONCERN.

IT'S THE DENSITY IN THIS PARTICULAR CASE.

AND SO, UH, YOU KNOW, A DENSITY OF SEVEN UNITS AS OPPOSED TO NINE UNITS, UH, SEEMS APPROPRIATE.

SO WE'RE JUST ASKING THEM TO GO WITH TWO LESS SO THAT THEY CAN MATCH THE NEIGHBORHOOD MIXED USE.

BUT FOR INSTANCE, IF WE APPROVE URBAN MIXED USE ZONING COULD REQUIRE DOWN ZONING WITHIN THAT URBAN MIXED USE.

CORRECT? UM, I, I'M, I DON'T, I'M NOT SURE I UNDERSTAND YOUR QUESTION.

WELL, I MEAN THE DENSITY OF, YOU'RE SAYING THEY'RE DOING NINE UNITS AND THEY WANT NINE, THEY WANT NINE, RIGHT? MM-HMM.

, AND THAT'S UN PERMITTED UNDER I D Z, AT LEAST THEIR PETITION.

UH, WELL, THE I D Z IS ALLOWED, IT IS THE DENSITY THAT THEY'RE ASKING.

WE HAVE TO LOOK AT THE DENSITY.

ALSO.

IT HAS TO MATCH THE LAND USE CATEGORY AND IT DOESN'T MATCH THE NEIGHBORHOOD MIXED USE FOR NINE UNITS.

OKAY.

SO I D Z IS PERMITTED IN THE NEIGHBORHOOD MIXED USE AS WELL? YES, BUT THEY JUST HAVE TO MEET THE PRESCRIBED DENSITY.

OKAY.

OKAY.

THANKS.

ANY OTHER COMMISSIONER QUESTIONS? UH, I HAVE A QUESTION.

THIS IS COMMISSIONER SIEGEL.

WHAT WOULD BE THE, UH, MAXIMUM DENSITY THAT THEY COULD GET IF THEY, UH, STAY IN THE CURRENT LAND USE? SEVEN, SEVEN UNITS.

OKAY.

THANK YOU.

THIS IS COMMISSIONER CARILLO, AND I'M SORRY IF I MISSED THIS, CHRISTIE, BUT DID YOU SAY THAT THEY WERE, UH, WILLING TO, TO CHANGE THEIR A APPLICATION OR, UM, WHERE DOES, WHERE DOES THE APPLICANT STAND ON THIS? I DON'T HAVE AN ANSWER FOR THAT, MA'AM.

OKAY.

SO I WOULD, UH, RECOMMEND ASKING THAT TO THE APPLICANT ONCE WE HAVE THEM ON THE, ON THE LINE.

OKAY.

THANK YOU.

THAT CONCLUDE.

COMMISSIONER QUESTIONS ON THIS ITEM? IF SO, CAN WE MOVE TO OUR SECOND DENIAL? CHRISTIE, PLEASE? YES, MA'AM.

THIS IS ITEM NUMBER 19.

THE PLAN AMENDMENT ENDING IN 0 0 3.

IT IS PART OF THE ARENA DISTRICT EAST SIDE COMMUNITY PLAN, AND THIS ONE IS REQUESTING TO GO FROM THE CURRENT REGIONAL COMMERCIAL TO HEAVY INDUSTRIAL.

THERE WERE 12 NOTICES MAILED.

NONE WERE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND THERE'S NO NEIGHBORHOOD ASSOCIATION ON THIS ONE.

UM, THE APPLICANT WANTS TO TRY TO REZONE TO A HEAVY INDUSTRIAL DISTRICT.

THIS IS THE MOST INTENSE DISTRICT THAT WE HAVE IN THE ZONING MATRIX.

AND, UM, BASED ON THE SIZE OF THE PROPERTY AND THE FACT THAT THE REGIONAL COMMERCIAL IS SUITED TO THE AREA, UH, WE RECOMMEND DENIAL OF THIS CASE, BUT THEY WOULD NEED HEAVY INDUSTRIAL IN ORDER TO REZONE TO, I CHEW HEAVY INDUSTRIAL.

AND AS YOU CAN SEE, IF YOU REFER TO THE MAP, IT IS ONLY A SMALL LITTLE LOT THAT THEY'RE REQUESTING HEAVY INDUSTRIAL ON, AND IT'S SURROUNDED BY COMMERCIAL AND IT EVEN HAS SOME RESIDENTIAL NEAR IT.

AND SO WE WOULD, WE RECOMMEND DENIAL OF HEAVY INDUSTRIAL.

OKAY.

AND, UH, SAME QUESTION AS BEFORE.

UM, HAS THE APPLICANT ENTERTAINED DOWNGRADING THEIR LAND USE? NO, THEY, UH, THEY FEEL THAT THIS PARTICULAR REQUEST, THEY WANT TO MAKE THE PROPERTY MORE MARKETABLE SO THAT THEY CAN SELL IT.

AND SO EVEN THOUGH WE HAVE TOLD THEM THE ALTERNATIVE, THEY HAVE NOT INDICATED THAT THEY WOULD LIKE TO CHANGE AND THEY WERE AWARE OF THE STAFF RECOMMENDATION OF DENIAL AS WELL.

OKAY.

COMMISSIONER QUESTIONS HAD A QUESTION.

WHAT WERE THEY PLANNING TO BRING ONTO THIS PROPERTY?

[00:25:01]

THEY DON'T HAVE A PLAN, SIR.

THEY HAD, THEY DON'T HAVE A BUSINESS PLAN PER SE.

THEY JUST WANNA MAKE IT MORE MARKETABLE SO THEY FEEL THAT THE MOST INTENSE ZONING DISTRICT IS APPROPRIATE SO THAT THEY COULD DO THAT.

OKAY.

I WAS JUST MAKING MORE MONEY.

CHRISTIE, WHAT IS IN THE, WHAT'S LOCATED IN THE HEAVY INDUSTRIAL PORTION THAT'S JUST NORTH OF THIS LOT? CHRISTIE, IF YOU'RE TALKING, WE CAN'T HEAR YOU SEEING, I'M GOING TO HAVE TO, UH, I'LL LOOK INTO THAT AS WE, WE GO INTO THE, UM, I DON'T RECALL AND I, I ONLY HAVE THE LAND USE MAP IN FRONT OF ME, SO I'M GONNA HAVE TO PULL UP THE ZONING MAP REAL QUICK TO DETERMINE WHAT THAT IS.

OKAY, THANK YOU.

ANY FURTHER COMMISSIONER QUESTIONS? OKAY, UH, WE HAVE JUST THREE MINUTES.

UM, I'LL ALLOW COMMISSIONERS TO, TO PULL ANY SPECIFIC ITEMS SINCE WE'RE SHORT ON TIME, UH, WHETHER IT'S FLATS OR WE DO HAVE TWO TREE VARIANCES.

IF, IF I MAY, I JUST WANNA RUN DOWN THE LIST OF WHAT WE, UH, CURRENTLY HAVE.

UH, THE PLAS, UH, AGENDA ITEM NUMBER IS 1, 2, 10, AND 13 WILL NEED TO BE CONSIDERED SEPARATELY.

THOSE ARE REFUSAL.

UH, SO WE CAN, UH, TAKE UP THE, A MAIN MOTION AND DO A SECOND KIND OF CONSENT AGENDA, IF YOU WILL FOR THOSE FOUR ITEMS. UM, AND THEN OF COURSE, THE TWO P THAT WE JUST DISCUSSED.

THANK YOU.

SO REPEAT LOGAN.

I THINK THAT WAS, UM, IT WAS 1, 2, 10, 13 FOR RECUSAL AND THEN 16 AND 19 FOR DENIAL.

YEAH, I JUST WANNA MAKE SURE.

1, 2, 10 AND 13.

ONE THREE.

YES SIR.

THIS IS COMMISSIONER CARILLO.

I WOULD LIKE TO HAVE THE TREE VARIANCES PULLED.

UM, JUST BECAUSE THIS BODY IS COMING UNDER A LITTLE BIT MORE SCRUTINY WITH THE TREE VARIANCES AND THE FACT THAT EVERYTHING THAT WE APPROVE IS GONNA BE START, START GETTING REPORTED MONTHLY TO CITY COUNCIL, UM, I WOULD LIKE STAFF TO PRESENT ON THAT AND, UM, IF THE APPLICANT IS ALSO AVAILABLE, I'D LIKE TO HEAR FROM THEM AS WELL.

OKAY.

THEN WE'RE ALSO PULLING 14 AND 15.

AND I'D ALSO REQUEST STAFF THAT WHEN BOTH OF THOSE ARE PULLED, IF YOU ALL CAN JUST PROVIDE, UH, SOME CLARITY ON WHAT THE PURVIEW OF THIS BODY IS WHEN LOOKING AT THOSE VARIANCES.

OKAY.

ANY OTHER QUESTIONS FOR ANY OF THE ITEMS ON TODAY'S AGENDA? UH, MADAM, MADAM CHAIR, THIS COMMISSIONER PECK, JUST, JUST SO YOU KNOW, UH, THE FOUR PLATTS 1, 2, 10, AND 13 ARE MY RECUSAL, SO I'LL BE OUT FOR THOSE.

AND I'M ALSO RECUSING, JUST SO YOU'RE AWARE ON THE ITEM 16.

OKAY, PERFECT.

WE CAN TAKE THOSE TOP FOUR AS ONE.

THANK YOU, SIR.

YES, CORRECT.

YOU'RE A BUSY MAN.

YEAH.

DO WE HAVE A BREAKDOWN OF NOTICES FOR 17 AND 18 BEFORE WE START? I DID SEE AN EMAIL ABOUT A COUPLE COMMENT ON ONE, I THINK ON ONE OF THE ITEMS. YES.

SO ON ITEM NUMBER 17, THIS IS CHRISTIE.

ON ITEM NUMBER 17, THERE WERE 114 NOTICES MAILED, NONE RECEIVED IN FAVOR, ONE RECEIVED AN OPPOSITION AND ROLLING MEADOWS NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.

AND THEN FOR ITEM NUMBER 18, THERE WERE 70 NOTICES MAILED AND THERE WERE NO RESPONSES RECEIVED ON THAT ONE.

NOT EVEN FROM THE NEIGHBORHOOD ASSOCIATION, WHICH IS THE LOWER SOUTHEAST SIDE.

THANK YOU.

YOU'RE WELCOME.

OKAY.

THAT WORK SESSION STAFF, IF YOU CAN PREP FOR OUR MEETING.

AND JUST TO CLARIFY, UH, ON THE QUESTION, THIS IS CHRISTIE AGAIN, THE QUESTION ABOUT WHAT WAS TO THE NORTH OF THE SUBJECT SITE? UM, IT'S CURRENTLY ZONED COMMERCIAL C THREE AND IT'S AN AUTO REPAIR LOCATION.

AN AUTO REPAIR BUSINESS.

[00:30:02]

THANK YOU.

YOU'RE WELCOME.

ALRIGHT, UH, CHAIR, UH, YOU CAN GO AHEAD AND GET US STARTED WHENEVER YOU'RE SET AND GO THROUGH THE,

[2:00 P.M. - Call to Order]

UH, MEETING PROCEDURE.

ALRIGHT, WE'LL, WE'LL GO AHEAD AND START WITH INTERPRETATION SERVICES.

CAN YOU DO THE NEXT SLIDE? THANK YOU.

ALRIGHT, GO AHEAD AND TAKE THE ROLL CALL.

COMMISSIONER JACKSON HERE.

COMMISSIONER CARILLO.

HERE.

COMMISSIONER CHRISTOPHER GARCIA.

COMMISSIONER CHRISTOPHER GARCIA PRESENT.

COMMISSIONER SIEGEL PRESENT.

COMMISSIONER ZUKI.

HERE.

COMMISSIONER MICHAEL GARCIA.

HERE.

COMMISSIONER BUSTAMANTE PRESENT.

COMMISSIONER ORIAN PRESENT COMMISSIONER PROFIT HERE.

VICE CHAIR PECK HERE.

AND MADAM CHAIR GONZALEZ PRESENT, DO WE HAVE A QUORUM? QUORUM IS PRESENT.

I WILL GO AHEAD AND COVER OUR MEETING FORMAT TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF C OVID 19.

THE PLANNING COMMISSION IS HOLDING MEETINGS VIA VIDEO CONFERENCE.

THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE C OVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE.

MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING WWW.SANANTONIO.GOV/DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.

TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES.

THESE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING.

STATEMENTS OR COMMENTS RECEIVED ARE PART OF THE OFFICIAL WRITTEN RECORD FOR ITEMS ON INDIVIDUAL CONSIDERATION FOLLOWING THE PRESENTATION BY THE APPLICANT, STAFF WILL PLAY ANY MESSAGES RECEIVED BY VOICEMAIL.

LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL CALL THEM TO STATE THEIR TWO MINUTE CONFERENCE.

SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.

THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS MORE QUESTIONS.

UH, I DO ALSO WANT TO STATE, UH, THAT WE DO NOT HAVE ANY VOICEMAILS, UH, RECEIVED TO PLAY FOR THIS HEARING.

UH, NOR HAVE ANY CITIZENS REQUESTED A CALL BACK.

THANK YOU, CHAIR.

THANK YOU, SIR.

UH, TODAY WE HAVE TWO AGENDAS.

[Consent Agenda]

OUR FIRST AGENDA IS THE COMBINED HEARING AGENDA, UH, WHICH INCLUDES ALL ITEMS EXCEPT FOR 1, 2, 10 AND 13, WHICH ARE BEING PULLED FOR RECUSAL.

AND THEN 16, 19, 14, AND 15, WHICH ARE BEING PULLED FOR INDIVIDUAL CONSIDERATION.

IS THAT CORRECT? THAT IS CORRECT.

OKAY.

UM, SO FIRST I'LL ENTERTAIN A MOTION FOR THE CONSENT AGENDA.

SO MOVED.

COMMISSIONER PROFIT, SECOND.

COMMISSIONER CARILLO.

MOTION COMMISSIONER PROFIT.

SECOND ROLL CALL PLEASE.

ALRIGHT.

COMMISSIONER JACKSON? YES.

COMMISSIONER CARILLO? YES.

COMMISSIONER CHRISTOPHER GARCIA? YES.

COMMISSIONER SIEGEL? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER MICHAEL GARCIA? YES.

[00:35:01]

COMM.

THANK YOU.

UH, COMMISSIONER BUSTAMANTE.

AYE.

COMMISSIONER ORIAN? YES.

COMMISSIONER PROFIT? YES.

VICE CHAIR PECK? YES.

AND MADAM CHAIR GONZALEZ? YES.

MOTION PASSES.

ALRIGHT.

SECOND ORDER

[Items 1, 2, 10, & 13]

OF BUSINESS FOR RECUSAL.

IF WE CAN TAKE ALL FOUR ITEMS TOGETHER, UH, COMMISSIONER PECK IS RECUSING HIMSELF.

I SEE HE'S MUTED AND HAS TURNED OFF HIS CAMERA.

AND DO I HAVE A, CAN I TAKE ONE MOTION FOR ALL FOUR ITEMS? YEP.

ONE MOTION WILL WORK.

COMMISSIONER PROFIT, MOVE FOR APPROVAL.

SECOND.

COMMISSIONER, PROFIT.

MOTION.

COMMISSIONER GARCIA.

SECOND, JUST TO CLARIFY, WAS THAT COMMISSIONER MICHAEL GARCIA OR CHRISTOPHER GARCIA? MICHAEL GARCIA.

ALRIGHT.

THANK YOU VERY MUCH.

ALRIGHT, WE HAVE A MOTION FOR APPROVAL.

COMMISSIONER JACKSON? YES.

COMMISSIONER CARRILLO? YES.

COMMISSIONER CHRISTOPHER GARCIA.

COMMISSIONER CHRISTOPHER GARCIA.

UH, OKAY, WE'LL, WE'LL COME BACK.

UH, COMMISSIONER SIEGEL? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER MICHAEL GARCIA? YES.

COMMISSIONER BUSTAMANTE.

UH, COMMISSIONER ORIAN? YES.

COMMISSIONER PROFIT? YES.

AND MADAM CHAIR GONZALEZ? YES.

ALRIGHT.

AND JUST TO CIRCLE BACK, UH, COMMISSIONER CHRISTOPHER GARCIA.

ALRIGHT, WE WILL PUT, UH, UH, WE'LL DO ABSTAIN ON THAT ONE.

ALRIGHT.

MOTION PASSES.

THANK YOU.

THANK YOU.

UH, NEXT ORDER OF BUSINESS WE'LL TAKE ON, UM, ITEM NUMBER 14, IF STAFF CAN PROVIDE A, A BRIEF PRESENTATION AND ALSO CLARIFY WHAT THE PURVIEW OF, UM, THIS BODY IS FOR ITEM 14.

AND BEFORE WE BEGIN, I SEE COMMISSIONER PECK IS THAT, I THINK WHAT WE'RE GONNA TRY TO DO, IF IT'S ALL RIGHT, MADAM

[16. 21-1524 PLAN AMENDMENT PA-2020-11600078 (Council District 1): A request by Jay Louden, representative, for approval of a Resolution to amend the Midtown Regional Center, a component of the Comprehensive Master Plan of the City, by changing the future land use “Neighborhood Mixed Use” to “Urban Mixed Use” on Lot 11 and Lot 12, Block 6, NCB 1726, located at 220 and 224 East Courtland Place. Staff recommends Denial.(Associated Zoning Case Z-2020-10700295) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@sanantonio.gov, Development Services Department)]

CHAIR, IS MOVE ON TO, UH, ITEM NUMBER 16, THE FIRST PLAN AMENDMENT.

WE ARE TRYING TO, UH, GET HOLD OF THE APPLICANT FOR THE THREE PRESERVATION VARIANCES.

UH, SO IF WE COULD, UH, START WITH THE PLAN AMENDMENT TO COME BACK THE, THE THREE PRESERVATION VARIANCE, THAT WOULD BE HELPFUL.

OKAY.

ITEM 16 IS BEING PULLED, UH, DUE TO STAFF RECOMMENDING DENIAL AND WE ALSO HAVE A RECUSAL.

DOES THE STAFF OR APPLICANT HAVE A PRESENTATION? YES, MA'AM.

THIS IS CHRISTIE FLORES.

THIS IS ITEM NUMBER 16.

IT ENDS IN SEVEN EIGHT.

IT IS A REQUEST TO AMEND THE MIDTOWN REGIONAL CENTER PLAN FROM NEIGHBORHOOD MIXED USE TO URBAN MIXED USE LOCATED AT TWO 20 AND 2 24 EAST COURTLAND PLACE.

THE PLAN AMENDMENT TO URBAN MIXED USE WOULD ALLOW A HIGHER CONCENTRATION OF UNITS IN THEIR REQUESTED I D Z TWO.

THIS REQUEST IS OUT OF SCALE WITH THE TENANTS OF THE MIDTOWN REGIONAL CENTER PLAN ADOPTED RECENTLY THROUGH EXTENSIVE COMMUNITY EN ENGAGEMENT AND STAKEHOLDER PARTICIPATION.

STAFF RECOMMENDS DENIAL AND I DO BELIEVE WE HAVE THE APPLICANT ON THE LINE.

WOULD THE APPLICANT LIKE TO PROVIDE AN ADDITIONAL PRESENTATION, MR. LOUD? YES, MA'AM.

UH, YES.

YEAH, THANK YOU.

I APOLOGIZE FOR THAT.

UM, GOOD AFTERNOON, MADAM CHAIR AND PLANNING COMMISSIONERS.

UH, THIS IS JAY LOUDON.

I'M A PARTNER WITH WORKSHOP, A LOCAL PLANNING AND DESIGN FIRM, AND I'M HERE REPRESENTING ANTONIO QUADRA OF CUBE DEVELOPMENT, WHO IS THE PROPERTY OWNER.

UM, MY PRESENTATION TODAY WILL LAY OUT WHY WE BELIEVE THAT APPROVAL OF OUR PLAN AMENDMENT REQUEST WILL ALLOW US TO REZONE THE PROPERTY IN A WAY THAT ACTUALLY ACHIEVES THE INTENT OF THE MIDTOWN PLAN.

UH, THIS IS AN UNUSUAL SITUATION BECAUSE THE INTENDED EVENTUAL OUTCOME OF OUR REQUEST IS TO REDUCE THE INTENSITY OF THE POTENTIAL USE OF THE PROPERTY, AND

[00:40:01]

IN FACT, TO BRING IT IN LINE WITH THE REST OF THE PROJECTS IN OUR BLOCK.

UM, HOWEVER, THE PROJECT'S FINANCIAL VIABILITY REQUIRES A NUMBER OF UNITS, WHICH IS SLIGHTLY MORE THAN ALLOWABLE IN ITS CURRENT LAND USE CATEGORY.

UH, HENCE THE REQUEST FOR PLAN AMENDMENT.

UM, SO WHAT YOU SEE ON THIS FIRST SLIDE, UH, OF COURSE IS THE INTENT OF THE MIDTOWN PLAN IS TO CREATE A GRADATION OF INTENSITY AS SHOWN BY THAT RED ERA.

UM, SO MORE DENSE TOWARDS SAN PEDRO, LESS DENSE TOWARDS THE SINGLE FAMILY RESIDENTIAL AREAS OF TOBIN HILL, UH, AND THEN INCREASING IN DENSITY AGAIN TOWARDS THE PEARL.

UM, OUR PROPERTY IS HIGHLIGHTED IN THE RED BOX.

UM, SO AS I SAID, WE THINK THAT THE PLAN AMENDMENT REQUEST IS IN LINE WITH THE OVERALL INTENT OF THE PLAN, UM, BECAUSE OF A COMBINATION OF FACTORS THOUGH TO DO SO REQUIRES A PLAN AMENDMENT FROM NEIGHBORHOOD MIXED USE, UH, WHICH IS THE, UH, LIGHTER PURPLE THERE TO URBAN MIXED USE.

UM, THAT'S A BIT UNINTUITIVE.

SO MY PRESENT TODAY PRESENTATION TODAY WALKS THROUGH WHY CHANGING THE LAND USE CATEGORY FROM NEIGHBORHOOD TO URBAN IS CONSISTENT WITH SURROUNDING PROPERTIES AND IT'S GONNA RE RESULT IN A LOWER DENSITY OF ACTUAL USE THAN WHAT BYRITE ZONING CURRENTLY ALLOWS.

IF WE GO TO THE NEXT SLIDE, UM, SO ENLARGING THAT, I'VE HIGHLIGHTED THE SUBJECT PROPERTY WITH THE RED BOX AGAIN, AND THAT'S MCCULLOUGH AVENUE ON THE RIGHT SIDE OF THE BOX, WHICH IS DESIGNATED BY THE CITY AS AN URBAN CORRIDOR.

UM, YOU CAN SEE THE URBAN MIXED USE LAND USE AND THE DARK PURPLE TRANSITIONING TO NEIGHBORHOOD MIXED USE AND THE WHITE PURPLE.

UH, AND YOU'LL NOTICE THAT THERE'S SOME PROPERTIES ALONG MACOLA AS WELL AS ADJACENT TO THE SUBJECT PROPERTY, WHICH ARE ALREADY CATEGORIZED AS URBAN MIXED USE.

NOW IF WE GO TO THE NEXT SLIDE, WE'RE KIND OF GETTING TO THE MEAT OF, OF WHAT'S GOING ON HERE.

SO THIS IS A COMPARISON OF ACTUAL ZONING WITH LAND USE AND, AND THIS IS WHERE THINGS START TO BECOME CLEAR.

SO IN THIS IMAGE, THE PROPERTIES IN ORANGE ARE ZONED FOR HIGHER INTENSITY USES THAN THE PLAN ACTUALLY CALLS FOR, UM, WHILE THE PROPERTIES IN BLUE ARE IN ACCORDANCE WITH THE LAND USE PLAN.

UM, SO YOU'LL NOTE THAT THE ZONING OF THE MAJORITY OF PROPERTIES IS OUTTA STEP WITH THE LAND USE PLAN.

UM, AND THIS IS NOT TERRIBLY UNUSUAL.

THIS IS MOST COMMON WHEN A NEW LAND USE PLAN INDICATES DOWN ZONING LIKE THIS ONE DOES.

UM, SO ULTIMATELY THE GOAL IS TO GET PROPERTY OWNERS TO ACCEPT LOWER CATEGORY ZONING WHEN REZONING OCCURS.

WE GO TO THE NEXT SLIDE.

UM, SO THIS IS THE ACTUAL ZONING MAP AND UM, UM, YOU KNOW, OUR, OUR ZONING PROPOSAL IS ACTUALLY A DOWN ZONING BECAUSE THE PROPERTY IS CURRENTLY ZONED C TWO.

UM, SO RIGHT NOW, WITHOUT GOING THROUGH ANY REZONING OR RE PLATTING, UM, IT WOULD BE POSSIBLE TO BUILD A, A COMMERCIAL BUILDING ON THE PROPERTY, UM, SUCH AS A REPAIR SHOP LIKE IS IMMEDIATELY ADJACENT TO THE SOUTH, UM, TO RETAIL RESTAURANTS OR VARIETY OF SERVICE ORIENTED BUSINESSES.

AND IN FACT, THERE'S ALSO AN ALLOWANCE IN THE U D C, WHICH WOULD ALLOW CONSTRUCTION OF MF 33 APARTMENTS.

SO A CONSIDERABLY HIGHER DENSITY OF RESIDENTIAL USE THAN WE'RE ACTUALLY PROPOSING.

NONE OF THOSE ARE IN LINE WITH THE MIDTOWN PLAN.

UM, INSTEAD WE ARE SEEKING A CHANGE TO AN IDV TWO ZONING, UM, DOWNSTREAM OF COURSE TO BUILD TOWN HOMES ON THE PROPERTY.

UM, SO THAT'S A CONSIDERABLY LESS INTENSIVE USE AND THAT USE IS CONSISTENT WITH THE MIDTOWN PLANS AND INTENT.

WE GO TO THE NEXT SLIDE.

UM, SO AS I MENTIONED, THE PROJECT PROPOSES NINE UNITS ON THE PROPERTY, UM, IN ACCORDANCE WITH THE FEASIBILITY STUDY, WHICH INDICATES THAT THAT IS THE LOWEST NUMBER FOR FINANCIAL VIABILITY OF PROJECT.

AND SO THAT IS WHY WE'RE HERE.

UH, AND THAT RESULTS IN A DENSITY WHICH IS JUST ABOVE THAT, WHICH IS ALLOWED IN NEIGHBORHOOD MIXED USE.

BECAUSE OF THAT, WE ARE ASKING YOU TO APPROVE A PLAN AMENDMENT TO ALLOW THE PROJECT TO GO FORWARD, UM, SO THAT WE CAN THEN GO TO ZONING, WHICH WOULD ALLOW US TO REZONE IT IN A WAY, UM, WHICH WOULD MEET THE INTENT OF THE PLAN OF PLACING A LOWER INTENSITY USE ON THE COLA THAN THAN WE CAN CURRENTLY DO.

UM, BUT THE INTERESTING THING ABOUT THIS, UH, AND THIS IS A, A PLAN SHOWING, UH, CALCULATIONS OF DENSITY OF THE VARIOUS DEVELOPMENTS AROUND US.

YOU KNOW, THIS IS NOT THE ONLY DEVELOPMENT IN THE AREA WITH THE DENSITY OF GREATER THAN 18 UNITS PER ACRE, UH, WHICH IS THE CUTOFF BETWEEN, UH, NEIGHBORHOOD AND OR MIXED USE.

IN FACT, THERE ARE NINE OTHERS WITHIN A RADIUS OF A THOUSAND FEET, INCLUDING EVERYTHING FACING THE SUBJECT'S PROPERTY ACROSS COURTLAND, AND THAT INCLUDES BOTH MULTIFAMILY AND TOWN HOMES.

SO IN CLOSING, I JUST WANT TO ACKNOWLEDGE OPENLY, UM, THIS IS A NEW PLAN.

UM, AND, AND WE DON'T HAVE A DESIRE TO AMEND IT EXCEPT FOR THE FACT THAT WE NEED TO ACHIEVE THE FINANCIAL VIABILITY FOR THE PROJECT.

IT'S A GOOD PLAN.

IT IS WELL THOUGHT OUT AND CONSIDERED AND INCLUDED A LOT OF COMMUNITY INPUT.

UM, BUT EVEN THE PLANS NEED FINE TUNING AS ON THE GROUND CONDITIONS EVOLVE AND THAT CAN HAPPEN VERY QUICKLY.

UM, SO AS A PLANNER WHO IS WORKING ON A CORRIDOR PLAN, UH, FOR THE CITY, WHICH INCLUDES LAND USE CHANGES, WHAT'S MOST IMPORTANT TO US IS NOT THE PARCEL BY PARCEL MAP BUT THE OVERALL INTENT OF THE PLAN.

AND HERE WE BELIEVE THAT OUR REQUEST, EVEN THOUGH IT WILL ALTER THE CATEGORY OF TWO PARCELS, IS IN LINE WITH THE PLAN'S VISION AND INTENT, THEN IT'LL ALLOW US TO ACHIEVE A ZONING THAT IS MORE RESTRICTIVE THAN THE CURRENT ZONING.

UM, SO THANK YOU FOR THIS TIME AND WE

[00:45:01]

RESPECTFULLY REQUEST YOUR APPROVAL OF THE PLAN AMENDMENT.

THANK YOU.

UM, I'LL CALL ON COMMISSIONERS, UM, AND PLEASE LEMME KNOW IF YOU HAVE ANY QUESTIONS OR NOT.

UH, COMMISSIONER CARILLO.

THANK YOU.

UM, I JUST ACTUALLY, UH, SEEING THIS PRESENTATION AND HEARING THE APPLICANT SPEAK, UM, AND BEING ABLE TO REALLY DIAL IN ON THE LOCATION, I THINK THAT THIS ACTUALLY IS, UH, NOT TOO FAR OF A STRETCH FOR THE COMMUNITY.

UM, VERY FAMILIAR WITH THE AREA AND, UM, WOULD ACTUALLY LIKE TO SEE, UH, THE PROPOSED DEVELOPMENT OCCUR THAT, UM, THE APPLICANT IS SPEAKING OF.

SO I'M ACTUALLY IN FAVOR OF THE APPLICANT'S, UM, REQUEST.

I KNOW THIS IS A RECENT PLAN AMENDMENT.

SO, UM, WITHOUT GETTING INTO TOO MUCH ABOUT WHY THIS WASN'T PROPOSED ORIGINALLY, I, I DO THINK THAT, UH, IT DOES SUPPORT THE OVERALL INTENT OF THE MIDTOWN PLAN AND WOULD BE IN FAVOR OF APPROVING THE APPLICANT'S, UM, REQUEST AND, AND NO QUESTIONS.

THANK YOU.

THANK YOU COMMISSIONER JACKSON, I HAVE NO QUESTION FOR THE APPLICANT, BUT I DO WANNA, UH, VOICE MY APPRECIATION FOR THE THOROUGH AND PROFESSIONAL PRESENTATION.

IT WAS VERY, UH, CLARIFYING FOR ME, UH, ANSWERED QUESTIONS THAT, UH, I DIDN'T REALIZE I HAD AS YOU WERE SPEAKING.

SO I APPRECIATE YOUR TIME, UH, ADDRESSING THE COMMISSION.

THANK YOU, COMMISSIONER SIEGEL.

WELL, I, UH, I'M NOT CONVINCED THAT THIS, UH, NEW LAND USE WOULD ACTUALLY BE MORE RESTRICTIVE THAN WHAT'S ALREADY CURRENTLY IN PLACE.

UH, WHEN I LOOK AT THE DIFFERENT ZONING DISTRICTS THAT ARE PERMITTED FOR THE LAND USE CATEGORIES, I SEE THAT, UM, THAT THE, THE PROPOSED LAND USE CATEGORY WOULD ADD A NUMBER OF USES.

UM, ALSO, UH, I DISAGREE THAT HIGH DENSITY RESIDENTIAL IS APPROPRIATE, UM, ON THIS CORRIDOR IN, IN, UM, CONJUNCTION WITH THE COMMUNITY PLAN THAT, AS I MENTIONED OR AS WAS MENTIONED, UM, INVOLVES A LOT OF COLLABORATION AND PARTICIPATION FROM THE COMMUNITY.

SO, UM, I'M, I'M JUST, I'M NOT CONVINCED ABOUT THIS.

UM, I GUESS MY QUESTION IS, HOW DID YOU DETERMINE THAT THE NEW LAND USE CATEGORY WOULD ACTUALLY BE MORE RESTRICTIVE THAN THE CURRENT LAND USE CATEGORY? YES, MA'AM.

UM, I APOLOGIZE FOR LACK OF CLARITY ON THAT.

UM, I'M COMPARING THE RESTRICTIVENESS OF THE CURRENT ZONING, WHICH IS C TWO, UM, TO THE RESTRICTIVENESS OF THE PROPOSED ZONING, WHICH IS ID Z TWO.

UM, THE PLAN AMENDMENT OF COURSE WOULD ONLY ALLOW US TO PURSUE THE IDZ TWO ZONING AND, AND THAT ZONING AS, AS I'M SURE YOU'RE AWARE, ACTUALLY COMES WITH, UH, RESTRICTION INCLUDING A SITE PLAN, A NUMBER OF UNITS AND HEIGHT USE AND THOSE KINDS OF THINGS.

UM, SO WHEN I SAY RESTRICTIVE, IT'S SPECIFICALLY WITH REGARDS WITH, UM, OF THAT IDZ TWO VERSUS THE C TWO COMMERCIAL, WHICH IT CURRENTLY IS.

YOU WERE EXACTLY CORRECT THAT THE, UH, LAND USE CATEGORY IS LESS RESTRICTIVE.

OKAY, THANK YOU.

UH, COMMISSIONER BUSANTE.

THANK YOU MADAM CHAIR.

JUST QUICKLY FOR STAFF, UM, YOU KNOW, WHEN WE TALK ABOUT THE C TWO EXISTING ZONING, UH, EVEN THOUGH MY READING OF NEIGHBORHOOD MIXED USE WOULD BE THAT THAT WOULD NOT BE AVAILABLE, UH, IS IT GRANDFATHERED IN GIVEN THE PLAN AMENDMENT CHANGE? NOW, IT'S NOT GRANDFATHERED, SIR, BUT IT DOES HAVE THE BENEFIT OF THE, THE B TWO CONVERSION, WHICH SIMPLY MEANS THAT IF YOU HAVE C TWO ZONING ON THE PROPERTY, YOU COULD CONSTRUCT APARTMENTS UP TO MF 33.

AND SO IN YOUR TERMS, YES, THAT WOULD BE A GRANDFATHERED, UH, SITUATION.

UH, SO THEY DO HAVE THAT A AVAIL AVAILABLE TO THEM WITHOUT CHANGING THE LAND USE.

OKAY.

ALRIGHT.

AND SO THAT WOULD BE A MUCH LESS RESTRICTIVE ZONING AND USE THAN IS CURRENTLY OR IS BEING SOUGHT HERE.

ALRIGHT, SO FOR, FOR THE APPLICANT THEN, UM, I THINK THE NUMBERS I'VE BEEN GIVEN, UH, THANKFULLY I DIDN'T HAVE TO DO THE MATH, ARE IS THAT THE APPROXIMATE NUMBER OF UNITS PER ACRE ON THE 2 22 24 IS ABOUT 2 22 0.5 UNITS PER ACRE.

IS THAT CORRECT? YES, SIR.

THAT IS, AND, AND BY SIMILAR MATH FOR, UH, THE TOWN HOMES ACROSS THE STREET ON COURTLAND, THAT'S 19.7 UNITS PER ACRE.

[00:50:01]

UM, AND SO IN LIGHT OF THAT, YOU KNOW, I THINK I'M IN AGREEMENT WITH COMMISSIONER CARILLO THAT, YOU KNOW, GIVEN THESE CIRCUMSTANCES AND GIVEN AS THE APPLICANT NOTED, UH, THE REQUIREMENTS UNDER I D Z TWO FOR A, UH, SITE PLAN AND THE RESTRICTIONS ON THOSE USAGE, GIVE OR TAKE 10%, UH, I I WILL SUPPORT THIS PLAN AMENDMENT.

THANK YOU.

THANK YOU MADAM CHAIR.

THANK YOU.

COMMISSIONER MICHAEL GARCIA, I'M GOING TO, TO SUPPORT THE STAFF RECOMMENDATION.

OKAY.

COMMISSIONER CHRIS GARCIA, I GOT A QUESTION FOR STAFF IF YOU CAN HELP ME UNDERSTAND, UH, LOOKING AT THIS, UH, THE PLAN WE'RE LOOKING AT HERE.

I SEE AT MCCULLOUGH PPE PLACE THERE'S URBAN MIXED USE AND THEN WHY IS THAT MORE ACCEPTABLE IN THOSE LOCATIONS VERSUS, UH, THE, UH, APPLICANT'S PROPERTY, UH, URBAN MIXED USE VERSUS THE NEIGHBORHOOD MIXED USE? I MEAN, I DO SEE HOW THAT WHOLE AREA RIGHT THERE IS NEIGHBORHOOD MIXED USE, BUT I'M JUST WONDERING WHY URBAN MIXED USE IS MORE APPROPRIATE OVER THERE AT THE INTERSECTION WITH THE MCCULLOUGH AND ASHBY VERSUS MCCULLOUGH IN PORTLAND PLACE.

THANK YOU.

AND COMMISSIONER GARCIA, I WASN'T NECESSARILY AT THE COMMUNITY MEETINGS WHERE THEY, WHERE THEY HAD THESE DISCUSSIONS, BUT I DO, I AM FAMILIAR WITH THE, THE CONCEPTS AND THE PLANNING DESIGN THAT USUALLY GOES INTO THIS.

AND SO WHAT THEY USUALLY SAY IS, OKAY, WE ALREADY HAVE THESE POCKETS OF URBAN MIXED USE.

SO THEY'RE MATCHING, THEY'RE BASICALLY TRYING TO MATCH, I'M SORRY, I'M GETTING SOMEBODY ELSE TALKING , SOMEBODY WASN'T MUTED ANYHOW, SO WHAT THEY DO IS THEY TRY TO, UM, TO MATCH THE PROPOSED LAND USE CATEGORY WITH WHAT IS ALREADY LITERALLY ON THE GROUND, SO THAT THAT WAY YOU DON'T HAVE TO NECESSARILY POTENTIALLY HAVE THE REZONING HAPPEN.

AND SO LIKELY THIS BLOCK ALREADY HAD, UM, A BALANCED AMOUNT OF, OF BOTH OR, UH, THEY SAW THAT THIS WAS ALONG MCCULLOUGH WHERE IT COULD HAVE THE POTENTIAL TO HAVE MORE INTENSITY.

AND PROBABLY THE PUBLIC COMMENTS AND DISCUSSION LED TO, UH, WE DON'T REALLY WANT TO SEE THAT MUCH MORE DENSITY IN HERE.

SO MY, MY, IF I HAD TO, UH, MAKE AN ASSUMPTION IT WOULD BE THAT IT WAS TO JUST CREATE A BALANCE THROUGHOUT THIS, UH, MIDTOWN REGIONAL CENTER AREA.

THANK YOU.

NO FURTHER QUESTIONS.

OKAY.

UH, COMMISSIONER ORIAN, I HOPE I PRONOUNCED IT RIGHT THAT NIGHT.

YEAH, IT'S, UH, ORIAN, I JUST WANTED TO MAKE SURE I'M JUST, UH, HEARING THIS CORRECTLY.

SO RIGHT NOW, UH, THEIR CURRENT LAND USE, UH, HAS AN, HAS AN MS 18 LIMIT.

UH, IDZ ONE ALSO HAS AN 18 UNIT FOR AN ACRE, WHICH CAN ONLY GET YOU SEVEN.

AND IF YOU WANT TO HIT NINE, YOU HAVE TO HIT YOU, YOU HAVE TO GO TO I D D TWO, WHICH GETS YOU UP TO 50.

AND THEN TO DO THAT, YOU ALSO HAVE TO CHANGE TO THE URBAN MIX USE BECAUSE YOU GOTTA GET THAT ASSOCIATED USE ABOVE AN AN M F 18, THAT, THAT'S, THAT'S WHAT THIS IS ALL ABOUT, RIGHT? THAT'S CORRECT, SIR.

YEAH, THAT'S WHAT I THOUGHT.

AND, AND SO REALLY IF THERE'S ANY CONCERN WITH IT EVER EXCEEDING NINE, THAT'S THE ZONING COMMISSION CAN, WOULD DEAL WITH THAT.

WE'RE JUST, WE'RE JUST TALKING ABOUT POTENTIAL.

SO I, I MEAN, HEARING ALL THIS, I'M, I'M HAPPY WITH THIS.

SO COMMISSIONER ZUKI, UH, NO QUESTION FOR ME.

I'M IN FAVOR OF, UH, THE RESORT.

OKAY.

AND COMMISSIONER PROPHET.

THANK YOU, MADAM CHAIR.

UH, I, AGAIN, I THINK I, I ECHO A LOT OF MY FELLOW COMMISSIONERS.

I THINK WE'RE NOT TALKING ABOUT A SIGNIFICANT, UM, UPZONING TO ANYTHING, UH, MORE THAN FROM SEVEN TO NINE UNITS.

AND IT SEEMS SOMEWHAT CONSISTENT TO WHAT'S ALREADY IN THERE.

UM, MR. LOUDON, YOU TALKED ABOUT THE FINANCIAL, UM, IMPACT OF HAVING TO DO NINE UNITS.

YOU, WHAT IS THE SORT OF TARGET PRICE POINT FOR THE TOWN HOMES? OR ARE THEY KIND OF IN LINE WHAT'S OUT THERE OR WHAT'S THE AFFORDABILITY? YES, SIR.

YES, YES, SIR.

THEY, THEY'RE IN LINE WITH, WITH WHAT IS OUT THERE IS MY UNDERSTANDING, UM, FROM, FROM THE DEVELOPER, UNFORTUNATELY, I DON'T HAVE DETAILS ON THAT.

UM, WHAT HE'S CONVEYED TO ME ARE INTERNAL RATES OF RETURN.

SO, SO WAYS TO MEASURE, IN THIS CASE, ESSENTIALLY THE FIXED COSTS OF DEVELOPMENT SUCH AS LAND ACQUISITION, UM, FEES AND THOSE SORTS OF THINGS, UM, VERSUS THE, THE,

[00:55:01]

THE MOVABLE FIXED, THE, THE MOVABLE COSTS OF HOW MANY UNITS YOU HAVE.

AND SO WHAT WE KNOW AT THIS POINT IS THAT THE BREAK POINT IS RIGHT THERE AT NINE FOR THOSE, UM, AS FAR AS PRICE OF THE UNITS, MY EXPECTATION WITH THOSE IS THAT THOSE WOULD BE CONSISTENT WITH OTHER UNITS IN THE AREA.

OKAY.

UH, YOU KNOW, AND AGAIN, I I I, WE, WE TRY TO STRIVE FOR KINDA NEIGHBORHOOD, UH, HARMONY.

UM, HAVE YOU, DID YOU VISIT WITH TOBIN HILLS, H O A AND WHAT WAS THEIR YES.

WHAT WAS THEIR OPPOSITION? WELL, SO I GAVE THEM A PRESENTATION, UM, NEARLY IDENTICAL TO THE ONE THAT I PRESENTED TO THIS COMMISSION.

UM, I BELIEVE THAT THERE WERE CONCERNS ABOUT, UM, HAVING OPPOSED PLAN AMENDMENTS IN THE PAST.

UM, THEY WERE CONCERNED THAT, UM, NOT OPPOSING OR, OR SUPPORTING RATHER, UM, THIS PLAN AMENDMENT, UM, DOESN'T LEND ITSELF TO AN EQUITABLE SITUATION.

UM, I WAS NOT PRIVY TO THEIR, TO THEIR REASONING, UM, THAT THAT WAS JUST A, A THOUGHT THAT WAS CONVEYED TO ME DURING THE PRESENTATION.

UM, SO, SO I DON'T KNOW IN DETAIL, UH, WHAT THEIR OPPOSITION WAS, BUT I DO BELIEVE THAT WAS A COMPONENT OF, IT MEANT MORE FOR A PHILOSOPHICAL KIND OF OPPOSITION.

UM, UH, I I I, I AGREE WITH A LOT OF MY COMMISSIONERS AND I SUPPORT, UH, YOUR REQUESTS AND I HAVE, UH, NO FURTHER COMMENTS OR QUESTIONS.

THANK YOU.

UH, THANK YOU COMMISSIONERS.

GREAT QUESTIONS.

UM, I, I AGREE AS WELL WITH, UM, MANY, UM, I JUST WANNA REPEAT, AND, UM, COMMISSIONER, UH, ORIAN, UH, DID MENTION AND PROBABLY SAID IT BEST, I'M JUST CLARIFYING WHAT OUR PURVIEW IS, IS THE LAND USE, UM, IT WILL STILL GO TO ZONING AND THEY DO HAVE, UM, ADDITIONAL, UM, PURVIEW THAT WE DO NOT.

AND SO, AGAIN, I JUST WANTED TO REITERATE THAT WE'RE FOCUSED ON THE LAND USE AND IF THAT FITS IN THIS AREA OR NOT.

AND SO, UM, AT THIS TIME, I'LL, I'LL ENTERTAIN A MOTION COMMISSIONER PROFIT, I MOVE TO APPROVE APPLICANT'S REQUEST FOR URBAN MIXED USE.

DID I PHRASE THAT CORRECTLY? YES, SHE DID.

SECOND FROM COMMISSIONER CARILLO.

ALRIGHT, WE HAVE A MOTION FOR APPROVAL.

UH, COMMISSIONER JACKSON? NO.

COMMISSIONER CARILLO? YES.

COMMISSIONER CHRISTOPHER GARCIA.

COMMISSIONER CHRISTOPHER GARCIA? UH, NO.

CAN YOU HEAR ME? IF YOU CANNOT HEAR ME, I'LL WRITE IT.

WE, WE WE CAN HEAR YOU.

THAT WAS, THAT WAS A NO.

ALRIGHT.

THANK YOU.

OKAY.

COMMISSIONER SIEGEL.

SORRY, I'M LOSING AUDIO.

ALL RIGHT.

COMMISSIONER SIEGEL? THAT WAS A, NO, THAT WAS A NO.

ALRIGHT, THANK YOU.

COMMISSIONER ZUKI? YES.

COMMISSIONER MICHAEL GARCIA? NO.

COMMISSIONER BUSANTE.

AYE.

COMMISSIONER ORIAN? YES.

COMMISSIONER PROFIT? YES.

VICE CHAIR PECK.

HE IS, UH, RECUSING FROM ITEM 16.

THAT'S MY UNDERSTANDING.

YES, SIR.

HE HAS BEEN OFF, UM, HE'S BEEN MUTED AND HIS CAMERA HAS BEEN OFF FOR RECUSAL THIS ENTIRE ITEM.

OKAY.

UH, AND UH, MADAM CHAIR GONZALEZ? YES.

ALRIGHT, THE MOTION PASSES.

UH, SIX TO FOUR.

THANK YOU.

OKAY.

UH, WE WILL TAKE

[19. 21-1528 PLAN AMENDMENT PA-2021-11600003 (Council District 2): A request by the Estate of Frank Silva, applicant, for approval of a Resolution to amend the Arena District / Eastside Community Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Regional Commercial” to “Heavy Industrial” on Lot 36, NCB 10613, located at 146 North WW White Road. Staff recommends Denial. (Associated Zoning Case Z-2020-10700305) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@sanantonio.gov, Development Services Department)]

ON ITEM NUMBER 19, PLAN AMENDMENT.

THE STAFF AND OR THE APPLICANT HAVE A PRESENTATION AND I'LL NOTE THAT AT TWO 30.

COMMISSIONER PECK IS BACK.

THANK YOU.

GOOD AFTERNOON COMMISSION.

THIS IS CHRISTIE FLORES AND THIS IS ITEM NUMBER 19, ENDING IN 0 0 3.

IT IS A REQUEST TO AMEND THE ARENA DISTRICT EASTSIDE COMMUNITY PLAN FROM REGIONAL COMMERCIAL TO HEAVY INDUSTRIAL LOCATED AT 1 46 NORTH WW WHITE ROAD.

THERE WERE 12 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO

[01:00:01]

NEIGHBORHOOD ASSOCIATION.

THE APPLICANT SPEAKS A PLAN AMENDMENT TO HEAVY INDUSTRIAL TO REZONE TO I TWO TO MAKE THE PROPERTY MORE MARKETABLE.

THE PLAN AMENDMENT TO HEAVY INDU INDUSTRIAL IS INCONSISTENT WITH THE OVERALL PLANNING PATTERN OF THE AREA, ESPECIALLY ON A SMALL PARCEL ON THE INTERIOR OF A BLOCK.

FURTHER BEHIND THE SUBJECT PROPERTY, THERE'S A SMALL RESIDENTIAL AREA THAT WOULD SUFFER ADVERSE IMPACTS FROM A PLAN AMENDMENT TO HEAVY INDUSTRIAL.

THE EXISTING REGIONAL, REGIONAL COMMERCIAL IS ADEQUATE FOR COMMERCIAL FOR THE COMMERCIAL NODE AND IS AN ESTABLISHED PATTERN FOR THE INTERSECTION.

STAFF RECOMMENDS DENIAL.

AND WE DO HAVE MR. TYLER MARSHALL, THE APPLICANT ON THE LINE.

THANK YOU.

MR. MARSHALL, WOULD YOU LIKE TO PROVIDE AN ADDITIONAL PRESENTATION? YES.

SO I'D FIRST LIKE TO THANK THE COMMISSIONERS AND START BY SAYING THANK Y'ALL FOR Y'ALL'S TIME ON, ON THIS REQUEST.

UM, IN REGARDS TO, TO OUR REQUEST FOR APPROVAL ON REZONING OF I TWO, I'D FIRST LIKE, JUST TO CLARIFY WHAT WE'RE LOOKING FOR, UM, WE'RE ACTUALLY TRYING TO RECEIVE APPROVAL ON BOTH 1 46 AND 1 56 WW WHITE ROAD.

AND SO I KNOW EARLIER WE WERE HEARING DISCUSSIONS ABOUT IT BEING A SMALL AUTO SHOP.

THIS IS ACTUALLY INCLUDING THE ENTIRE SURFACE PARKING LOT AS WELL AS THE RESTAURANT ALONG WW WHITE ROAD AND THEN EVERYTHING NORTH ON EMEL STREET.

AND SO THAT BEING SAID, I JUST WANT EVERYBODY TO UNDERSTAND THIS IS NOT JUST THE SMALL CORNER PARCEL, THIS IS THE ENTIRE LOT.

UM, AND SO OUR PLAN IS NOT TO REMARKET THE PROPERTY.

OUR INTENT IS TO HAVE THIS CHANGED FOR C THREE TO I TWO, WHICH THE RESTAURANT SPACE, THIS WILL BE USED FOR EMPLOYEE OFFICE SPACE AND THE LAND WILL CONSIST OF THE DISTRIBUTION OF SUPPLIES AND MATERIALS FROM WELDING EQUIPMENT.

UM, THIS WILL BE A COMPANY THAT IS RELOCATING FROM HOUSTON, TEXAS.

AND, AND THEY'RE MAINLY INVOLVED IN DISTRIBUTING, UH, MATERIALS FOR, YOU KNOW, HARD HATS, WELDING MATERIALS, UM, HARD METAL EQUIPMENT.

AND SO THE REZONING OF I I TWO REQUIRES US TO, YOU KNOW, HAVE THESE DISTRIBUTION TRUCKS COME AND GO TO DELIVER THE SUPPLIES AS WELL AS HAVE A 1000 GALLON TANK, WHICH WILL CONSIST OF GAS.

THAT GAS IS USED STRICTLY FOR THE DEVELOPMENT OF MATERIALS.

SO HAVING THIS PROPERTY BE ZONED C THREE, IT DOESN'T ALLOW WHAT WE NEED.

UM, SO AGAIN, I JUST WANT THE MEMBERS OF THE COUNCIL TO UNDERSTAND OUR INTENT IS NOT TO REMARKET THE SITE.

UM, THIS IS JUST STRICTLY TO HAVE APPROVALS SO THE EMPLOYEES CAN OFFICE WITHIN THE RESTAURANT.

THE SITE WILL HAVE DISTRIBUTION TRUCKS COME AND GO, WHICH GIVES US ENOUGH ROOM TO MAKE THAT, YOU KNOW, U-SHAPED TURN TO GET ONTO I 10 AS WELL AS TO TURN INTO EMAL STREET, UM, AND THEN TO HAVE A 1000 GALLON TANK FOR THE GASOLINE.

SO THAT'S PRETTY MUCH WHAT I WANTED TO START WITH YOU GUYS, UM, AND WOULD LOVE TO HEAR ANY QUESTIONS OR CONCERNS REGARDING THIS.

THIS WILL BE A LONG-TERM OFFICE USER AS WELL AS AN INDUSTRIAL DISTRIBUTION SITE.

SO AS FAR AS THE MARKETING OR THE REMARKETING OF THE PROPERTY, THAT IS NOT OUR GOAL OR INTENT.

IT'S, IT'S JUST TO BE ABLE TO, TO BE ABLE TO OFFICE, UM, UNDER, UNDER THE ZONING CODES IN ORDINANCES.

THANK YOU MR. MARSHALL.

UM, UH, COMMISSIONER QUESTIONS? MADAM CHAIR? YES MA'AM.

MADAM CHAIR, THIS IS CHRISTIE.

I I HAVE A QUESTION BASED ON, ON THE APPLICANT'S COMMENT.

I HAVE A CONCERN BECAUSE HE SAID THAT THE PROPERTY TO THE NORTH OF THE SITE OR TO THE, I'M NOT SURE WHICH ONE HE WAS REFERRING TO, IT IS INCLUDED IN THE REQUEST.

THAT IS NOT THE INFORMATION WE RECEIVED.

AND SO WE NEED TO CLARIFY IF WHAT HE IS SEEING ON THE REQUEST ON THE SCREEN, THE MAP HE IS SEEING IS HIS REQUEST, OR IF THERE IS MORE INFORMATION THAT IS LACKING.

BECAUSE IF THAT'S THE CASE, THEN WE WILL NEED TO RESTART THIS PROCESS.

YOUR QUESTION? YES, MA'AM.

OKAY.

YEAH.

SO EVERYTHING THAT YOU GUYS HAVE ON THE SCREEN THAT IS CORRECT.

UM, THE PROPOSED HEAVY INDUSTRIAL SITE THAT Y'ALL HAVE, THAT IS EVERYTHING IS RIGHT.

THERE'S NOTHING NORTH OF EMEL THAT WE ARE LOOKING FOR.

SO IT, THE, THE SITE BEGINS ON WW WHITE AND IT GOES EAST ALL THE WAY UNTIL YOU SEE THAT FIRST RESIDENTIAL HOME.

ALRIGHT.

AS LONG AS IT IS

[01:05:01]

THE ONLY THE SIR.

THANK YOU.

UH, COMMISSIONER JACKSON, DO YOU HAVE ANY QUESTIONS? UH, YES, I'M, I'M STILL CONFUSED ABOUT THE AREA THAT'S IN QUESTION, UH, ASSOCIATED WITH THIS APPLICATION.

I THINK I HEARD THE APPLICANT SAY THAT IT EXTENDS NORTH TO, UH, EMAIL.

UM, THE MAP THAT I'M LOOKING AT, UH, DOES NOT INDICATE THAT.

SO I, I NEED CLARIFICATION, UH, UH, EXACTLY WHICH, UH, PARCEL OF LAND OR PARCELS OF LAND, UH, WE ARE DISCUSSING AND WHETHER OR NOT FROM STAFF THAT CHANGES THEIR ENTIRE RECOMMENDATION WOULD REQUIRE, WOULD REQUIRE A, UH, NEW PRODUCT CONFUSED ABOUT THE AREA.

OKAY.

SO, YEAH, UM, I GUESS WE'RE JUST GONNA HAVE TO RESUBMIT THAT BECAUSE WHAT WE HAVE, IT'S, IT WAS THE AUTO SHOP AND EVERYTHING EAST OF THAT, WHICH IS JUST SURFACE PARKING RIGHT NOW.

AND THEN IT GOES SOUTH, WHICH IS A YELLOW BUILDING, WHICH IS THE MEXICAN RESTAURANT THAT IS VACANT.

IS THERE ANOTHER MAP THAT WE MIGHT BE ABLE TO LOOK AT THAT MIGHT PROVIDE A LITTLE MORE DETAIL? YES, WE DO NOT HAVE A PRESENTATION.

UM, WOULD THIS, WOULD THIS BE SOMETHING THAT WE JUST NEED TO SEND OVER TO OUR CASE MANAGER? IF, IF I MAY, WE'RE GONNA GO AHEAD AND UH, UH, PULL UP AN EXHIBIT HERE.

UH, IF WE COULD GET THE APPLICANT JUST TO TURN DOWN YOUR AUDIO SPEAKERS A LITTLE BIT.

WE'RE JUST GETTING A LITTLE BIT OF FEEDBACK.

THANK YOU.

ARE THERE, ARE THERE ANY OTHER QUESTIONS? UH, WHILE WE'RE WORKING ON GETTING, UH, THAT MAP PULLED UP? COMMISSIONER JACKSON, DO YOU HAVE ADDITIONAL QUESTIONS? UH, NO.

MADAM CHAIR, I DO NOT.

OKAY.

UM, COMMISSIONER SIEGEL, WELL, I WANT TO MAKE SURE, UM, WHAT THE ACTUAL SPAN OF THE PROPERTY IS TOO, BECAUSE WHAT'S MARKED ON THE ME IS A MID-BLOCK PROPERTY, THE STRIP PROPERTY.

UM, BUT IT SOUNDS LIKE FROM THE APPLICANT'S DESCRIPTION THAT THEY'RE ALSO TALKING ABOUT THE, UM, 1 56 ADDRESS WHERE THE LUIS ROAD SERVICES IS THERE AT EMIL NORTH W W WHITE OR IS THAT YEAH, W W SO, UH, I FEEL LIKE I NEED CLARIFICATION ON THAT.

OKAY.

YES, I MEAN, THIS MAP THAT YOU GUYS PULLED UP IS GREAT.

THIS WILL, THIS WILL HELP IDENTIFY THE PARCEL PRETTY WELL.

I AND MR. MARSHALL, CAN YOU, CAN YOU WALK US THROUGH, UH, YOUR, WHAT YOU BELIEVE IS THE, UM, SUBMISSION? YES.

OKAY.

SO, SO WHERE YOU GUYS HAVE THIS MAP PULLED UP, IF YOU WANNA PUT YOUR CURSOR, UM, WHERE THAT LONG RED BRICK BUILDING, UH, THE ROOF IS YES.

RIGHT THERE.

IF YOU COULD GO LEFT TO WW WHITE ROAD, IF YOU COULD GO YES, LEFT PLEASE.

AND THEN YES.

SO THAT'S WHERE IT BEGINS.

SO, UH, YES, YES, YES.

OKAY.

SO RIGHT THERE WHERE YOUR CURSOR, UH, SORRY, I GUESS IT'S THE VIDEO'S DELAYED WHERE I AM.

SO THE LEFT OF THAT, THAT ROOF, THAT'S WHERE IT BEGINS AND THAT GOES ALL THE WAY EAST WHERE YOU CROSS OVER THE GRASS AND THEN THERE'S A ALUMINUM ROOF, WHICH IS A GARAGE THAT IS THE END OF THE EASTERN PORTION OF THE SITE.

NOW, AS YOU APPROACH NORTH ALONG THAT TREE LINE ONTO EMEL ROAD, THAT'S WHERE IT ENDS.

AND THEN IF YOU CONTINUE AND GO WEST, LIKE YOU'RE GOING BACK TO WW WHITE ROAD, THAT IS THE ENTIRE PARCEL OF THE SITE.

OKAY.

SO YOU DO GO TO, UM, EMAL EMAL STREET? YES MA'AM, WE DO.

AND SO WHAT WHAT'S GONNA HAPPEN IS THAT LONG RED ROOF BUILDING THAT WILL BE CONVERTED INTO THE EMPLOYEE'S OFFICE SPACE, SO THEY WILL BE OPERATING THERE.

UM, AND THEN ON THAT SITE THERE WILL JUST BE A SMALL

[01:10:01]

TANK THAT WILL CONSIST OF THE GASOLINE, WHICH WILL BE USED TO MAKE THE MATERIALS FROM WELDING.

NOW ALL, ALL THE OTHER STUFF THAT YOU SEE, THAT'S GONNA BE ONE SECOND.

UM, SO STAFF THAT IS NOT, UM, WHAT WAS SUBMITTED AND SO SHOULD WE, UM, JUST MAKE A MOTION FOR A CONTINUANCE OR WHAT WOULD BE THE BEST ROUTE SINCE THIS IS NOT WHAT WAS SUBMITTED AND WHAT, UM, WE HAVE ON THE AGENDA TODAY? RIGHT.

NO, UH, MA'AM, I THINK WE'RE GONNA NEED TO GO AHEAD AND, UH, POSTPONE THIS ITEM BECAUSE, UH, I KNOW THAT, UM, MR. MARSHALL JUST JOINED THIS PROCESS TODAY.

SOMEBODY ELSE WAS REPRESENTING THE CASE AND SO THE PROPERTY DESCRIPTION THAT WE WERE GIVEN ONLY INCLUDED LOT 36.

IT DOESN'T DESCRIBE ANYTHING ELSE THAT'S PART OF THIS REQUEST.

SO WE NEED TO DO SOME WORK WITH MR. MARSHALL IN ORDER TO GET THE CORRECT REQUEST BEFORE YOU AND MAKE SURE THAT WE MEET OUR LEGAL STATUTORY REQUIREMENTS FOR NOTIFICATION BEYOND THOSE BOUNDARIES.

OKAY.

DO WE NEED TO TAKE A I'VE ACTUALLY BEEN IN, I'VE BEEN INVOLVED THROUGHOUT THE ENTIRE TIME ON THIS.

RICHARD AND I HAVE WORKED TOGETHER ON THIS.

UM, SO WHATEVER WE NEED TO DO, UM, I'M HAPPY TO DO SO.

BUT, SO, BUT WHAT IS, I GUESS TECHNICALLY IF, IF WE CAN'T DO IT WITH THIS MAP SHOWING YOU GUYS EXACTLY WHAT, WHAT WE'RE JUST TRYING TO DO, WHAT IS THE NEXT STEPS THAT WE NEEDED TO FOLLOW MR. MARSHALL, YOUR CASE MANAGER, MICHAEL PEPE WILL, HE WILL GET WITH YOU ON THE ADDITIONAL ITEMS THAT WE REQUIRE, BUT BASICALLY YOU'RE GONNA HAVE TO SHOW US THE OTHER PROPERTIES THAT ARE INVOLVED IN THIS REQUEST BECAUSE IT'S BEYOND THE BOUNDARY OF WHAT IS IDENTIFIED ON THE MAP.

AND SO, UM, HE WILL GET WITH YOU OFFLINE AT THIS POINT IN TIME.

UM, SINCE WE DON'T HAVE ADEQUATE INFO INFORMATION, UH, STAFF'S RECOMMENDATION WOULD BE TO POSTPONE THE DISCUSSION ANY FURTHER.

OKAY.

WELL THANK Y'ALL FOR YOUR TIME.

WE, WE WILL GO AHEAD AND WE'LL GET WITH MICHAEL, OUR CASE MANAGER, WE'LL GET ALL THIS TAKEN CARE OF.

THAT WAY WE HAVE THE INFORMATION THAT YOU GUYS NEED AND THEN WE'LL RE REVISIT THIS.

OKAY.

UH, COMMISSIONER IRENE, YOU HAVE SOME COMMENTS? YEAH, I JUST, WHEN THIS COMES BACK TO US, UH, THIS IS FOR STAFF, IT WOULD BE HELPFUL TO HAVE A, UH, AN EXISTING ZONING MAP PRESENT AND ALSO, UH, THE APPLICANT MENTIONED THAT HE WAS HAVING A MULTITUDE OF USES, UH, AND, YOU KNOW, PROPOSE HAVING INDUSTRIAL THAT ALLOWS I TWO, IT MAY BE POSSIBLE FOR HIM TO ACCOMPLISH WHAT HE'S DOING WITH SOMETHING LIGHTER AND THEN USING THE ACCESSORY RULES, UH, TO, TO KIND OF FIT EVERYTHING UNDER SOMETHING THAT MIGHT BE LESS INTENSE.

I'D JUST LIKE TO HEAR FROM STAFF WHEN THIS, UH, DOES COME BACK TO US ABOUT THOSE KIND OF OPTIONS.

UH, JUST TO MAKE SURE THAT WE'RE NOT JUST SHOOTING FOR THE, THE I TWO, THE, UM, HEAVY INDUSTRIAL ONE OFF THE BAT.

YES SIR.

AND THOSE ARE ALL OF THE THINGS THAT WE DO PRELIMINARILY WITH THE APPLICANT.

AND SO WE, UH, WOULD'VE RECOMMENDED BASED ON ALL OF THE USES, UH, A LESSER DESIGNATION OR SOMETHING WITH THAT WOULD FIT WITH IT.

BUT WE WERE INSTRUCTED, UH, TO PROCEED WITH THE REQUEST AS IS.

SO, UM, NOW NO, THAT'S FINE.

OBVIOUSLY WE KNOW THERE'S AN AN ISSUE AND WE WILL DEFINITELY WORK WITH THEM TO GET THAT RESOLVED.

YEAH, BECAUSE THE, YEAH, BECAUSE THERE'S JUST, YOU KNOW, USING, USING 35 3 70, HE CAN GO THROUGH SO MANY DIFFERENT THINGS THAT, AND MAYBE MAKE IT A LITTLE LESS INTENSE, BUT, OKAY.

THANK YOU.

WELL, THAT, WELL, THAT'S A GOOD IDEA.

SO IF, IF WE'RE SIMPLY, YOU KNOW, 'CAUSE WE JUST WANTED TO FOLLOW THE ZONING RULES.

IF WE'RE SIMPLY JUST GONNA, YOU KNOW, HAVE A TANK, WHICH THAT'S WHAT WE, WE THOUGHT THE REASONING OF HAVING TO APPLY TO HAVE THAT SITE REZONED.

IF WE'RE JUST GONNA PUT A TANK OF A THOUSAND GALLONS, THE BUILDING THAT'S THERE, THAT'S JUST GONNA BE REUSED FOR EMPLOYEE OFFICE SPACE.

DO WE NEED TO GO THROUGH THE ENTIRE PROCESS? WELL, I MEAN, THAT YOU WOULD'VE TO GET WITH STAFF TO TALK ABOUT WHAT EXACTLY YOU'RE DOING AND HOW IT WOULD WORK.

'CAUSE UNDER THE ACCESSORY CODE, YOU, YOU HAVE A LIMIT OF 25% FOR THESE OTHER, UH, USES THAT FROM ONE DISTRICT, UH, THAT ARE ALLOWED IN ANOTHER.

SO YOU JUST HAVE TO GET WITH STAFF AND TALK TO THEM ABOUT, YOU KNOW, MAKING SURE THAT YOU'RE ASKING FOR WHAT'S NECESSARY.

LIKE, FOR EXAMPLE, YOU CAN'T PUT A RESTAURANT IN IT.

SO, I MEAN, IF YOU EVER JUST, MY, MY RECOMMENDATION, WOULD THAT BE GRANDFATHERED IN? I MEAN, I, I DON'T KNOW.

YOU HAVE TO GET IT WITH STAFF IF YOU'RE CHANGING THE ZONING.

I DON'T THINK IT WOULD BE, BUT, OKAY.

SO FOR NEXT STEPS, UM, UM, JUST TO GET THE, UM, CONTINUE TO MOVE FORWARD, UM, DO WE NEED TO TAKE OFFICIAL ACTION TO POSTPONE THIS STAFF? NO, THERE'S NO OFFICIAL ACTION NEEDED FROM THE PLANNING COMMISSION, UH, TO, TO POSTPONE? NO.

OKAY.

SO, SO, MR. MARSHALL, UH, APOLOGIES.

UM, BUT WE'RE GONNA POSTPONE THIS ITEM IF YOU CAN, UM, GET WITH STAFF AS SOON AS POSSIBLE AND CLARIFY THE AREA THAT YOU, UM, ARE REFERRING TO, AND THEN DISCUSS ANY, UH, ADDITIONAL OPPORTUNITIES AND, AND DISCUSS IF YOU IN FACT DO NEED TO COME BACK OR NOT.

OKAY? OKAY.

GREAT.

THANK Y'ALL.

THANK YOU.

[01:15:01]

OKAY.

UM, OUR NEXT ITEM IS ITEM NUMBER 14.

DO WE HAVE THE APPROPRIATE STAFF ON FOR ITEM 14 NOW? YES, MA'AM.

WE HAVE THE STAFF ON THE CALL.

IT WAS THE APPLICANT WE WERE TRYING TO GET ON THE CALL AND THEY, THEY ARE ON THE CALL AS WELL.

OKAY.

ALRIGHT.

SO AGENDA

[14. 21-1440 TPV 21-020: Request by Mr. Mark V Padilla - MP Studio, for approval of a tree preservation variance request from Unified Development Code 35-523 (h), “significant trees shall be preserved at eighty (80) percent and heritage trees at one hundred (100) percent preservation within both the 100-year floodplains and environmentally sensitive areas”, general located off 5503 S. Presa St. Staff recommends approval. (Mark Bird, (210) 207-0278, mark.bird@sanantonio.gov, Development Services Department) (Jacob Sanchez (210) 207-0161, jacob.sanchez@sanantonio.gov, Development Services Department)]

ITEM NUMBER 14 IS, UH, T P V NUMBER 21 DASH OH TWO OH.

THIS IS A REQUEST BY MARK V. PADILLA OF MP STUDIO FOR APPROVAL OF A TREE PRESERVATION VARIANCE REQUEST.

UH, THE PROPERTY IS GENERALLY LOCATED, UH, OFF OF 55 0 3 SOUTH PRESA.

UH, STAFF DOES RECOMMEND APPROVAL.

UH, AS MELISSA MENTIONED, WE DO HAVE MARK BYRD, THE CITY ARBORIST HERE, AS WELL AS THE APPLICANT.

DID YOU WANNA START WITH THE APPLICANT'S PRESENTATION? MADAM CHAIR? UH, IF WE CAN START WITH MARK BYRD.

UM, AND, AND JUST, UM, TO, TO RE-CLARIFY WHAT OUR PURVIEW IS WHEN WE GET TO THE VARIANCES, MARK CAN GO OVER THE DETAILS OF THE PROJECT, UM, AND WHAT THE, UH, VARIANCE REQUEST IS, UH, IN FRONT OF THE COMMISSION.

GO AHEAD, MARK.

UH, GOOD AFTERNOON, COMMISSIONERS.

UH, THIS, UH, PROJECT IS, UH, FOR THE HOT WELLS, UH, RUINS AND PARK.

AND, UH, THEY'RE HAVING TO DO SOME DRAINAGE WORK FOR THIS PROJECT THAT'S GONNA REQUIRE, UH, GOING BELOW THE MINIMUM PRESERVATION OF 80% OF SIGNIFICANT TREES.

THERE ARE ONLY SIX PROTECTED TREES WITHIN THE, UH, THE AREA THAT'S BEING IMPACTED FOR THOSE TREES WILL BE PRESERVED FOR A TOTAL OF 10.4 INCHES OF MITIGATION.

THE APPLICANT IS PROPOSING TO PLANT BACK 24 INCHES OF MITIGATION, WHICH WILL EXCEED THE MINIMUM PRESERVATION AND MITIGATION REQUIREMENT.

AND FOR COMMISSION CLARIFICATION, THIS IS THE FLOOD PLAIN AND E S A AREA WHERE THESE SIGNIFICANT TREES ARE.

THANK YOU.

DOES APPLICANT HAVE ANY OTHER COMMENTS? UH, HI.

THANK YOU.

UH, THIS IS MARK VIDEO.

THANK YOU, MARK FOR, UH, FOR MAKING THOSE COMMENTS.

UM, AND DESCRIPTION.

THE, UH, THE ONLY OTHER ADDITIONAL COMMENTS I WOULD MAKE IS THAT THE, UH, MITIGATED TREES THAT WE'RE PLANTING BACK, UM, ARE ACTUALLY GONNA BE, UH, YOU KNOW, O UM, BURROWED TREES, RED OAKED TREES, PECANS, AND MEXICAN SYCAMORES, UH, WHICH ARE PROBABLY A HIGHER, UH, QUALITY TYPE TREE, UH, FOR SHADE, UH, CANOPY REQUIREMENTS AND, AND AND WHATNOT.

UM, AND THE ONES WE'RE REMOVING ARE ACTUALLY JUST A, A WE HATCH OF MESQUITE.

SO, UM, NOT AS LONG LIFE LIVING, UH, TYPE PLANT MATERIALS.

UM, BUT WE ARE STILL LIVING A LOT OF 'EM OUT THERE, UM, WHERE WE CAN, UM, WITHIN THAT, THAT AREA AS WELL.

THANK YOU, MARK.

UH, COMMISSIONER CURIO, YOU HAD A COUPLE QUESTIONS.

I DID.

THANK YOU.

SO I JUST WANNA MAKE SURE THAT AS, UM, A COMMISSION, WE ARE AWARE OF THE SCRUTINY THAT'S, UM, BEEN RECENTLY PLACED ON US, UM, WHEN WE ARE GRANTING TREE VARIANCES.

UM, THERE ARE SOME RECENT ARTICLES AND INTERVIEWS, UM, WITH, UH, MIKE SHANNON AND MARK BYRD, AND, UM, MAYBE STAFF CAN CLARIFY, BUT IT'S MY UNDERSTANDING THAT ALL APPROVALS OF TREE VARIANCES IS GONNA BE A PROVIDED IN A REPORT TO CITY COUNCIL.

UM, AND THERE WERE SOME STATISTICS ABOUT LIKE, UH, 200 OF THE PAST TREE VARIANCES REQUESTED IN THE PAST TWO YEARS WERE APPROVED.

UM, AND I, I KNOW THAT'S NOT, I MEAN, THAT'S, THAT'S A, A MINOR NUMBER IN ALL OF OUR, OUR PLAN AMENDMENTS AND EVERYTHING THAT WE DO IN THIS COMMISSION.

BUT, UM, IT'S JUST, WE'RE JUST GETTING A LITTLE MORE SCRUTINY.

SO I KNOW IN THE PAST, UH, I HAVE BEEN OUTSPOKEN AGAINST TREE VARIANCES AND, UM, I JUST, I WANNA MAKE SURE THAT, UH, MY POSITION IS UNDERSTOOD THAT WHEN WE, WHEN WE GRANT THESE, YOU KNOW, I'M, I'M DEFINITELY NOT ANTI-DEVELOPMENT.

I JUST THINK THERE NEEDS TO BE A LITTLE MORE THOUGHT AND CONSIDERATION INTO SUSTAINABLE BALANCE OF DEVELOPMENT.

AND SO, AS I WAS READING, UH, STAFF'S ANALYSIS OF THIS PARTICULAR ITEM, UM, THIS ONE SAID THAT THERE WERE, UH, DESIGN AND LAYOUT CONSTRAINTS THAT WERE LE LEADING TO STAFF'S APPROVAL.

SO I'M JUST CURIOUS IF THE DESIGN AND LAYOUT COULD BE MODIFIED BY THE APPLICANT SO THAT WE DON'T HAVE TO DO A TREE VARIANCE.

UM, I UNDERSTAND THAT THERE'S GONNA BE FOOD TRUCKS AND WALKWAYS AND, UM, NATURAL, UH, AREAS THAT NEED TO BE CLEARED.

[01:20:01]

AND I UNDERSTAND THAT THERE ARE, UH, OTHER TREES GONNA BE PLANTED, BUT WHEN WE REMOVE THESE LARGE, UM, YOU KNOW, THE 20 INCH, I'M SORRY, I FORGET THE EXACT SIZE OF THE TREES BEING REMOVED, BUT WHEN WE REMOVE THOSE, JUST BECAUSE WE'RE REPLANTING DOESN'T NECESSARILY MEAN THAT THAT'S GONNA A, THEY'RE GONNA LAST.

UM, YOU KNOW, TREES THAT GET THAT BIG ARE GOOD TREES THAT THEY'VE SURVIVED TEXAS HEAT, TEXAS WINTERS AND, UM, NEW NEWLY PLANTED TREES DON'T ALWAYS LAST, AND IT TAKES QUITE A WHILE FOR THEM TO ACHIEVE THE TREE CANOPY THAT ARE PREVIOUSLY PROVIDED BY THE EXISTING TREES.

UM, SO AGAIN, I, I DON'T REALLY HAVE QUESTIONS, I GUESS MORE OF A STATEMENT I WANT THE COMMISSION TO UNDERSTAND.

UM, YOU KNOW, AGAIN, THE SCRUTINY THAT WE'RE UNDER.

BUT, UM, YOU KNOW, THAT THAT WAS IT.

AND SO MAYBE AT ONE POINT WE CAN ALSO GET A PRESENTATION FROM MARK BYRD ON THE MITIGATION FUND.

AND GRANT, I UNDERSTAND THAT THIS PARTICULAR ONE IS NOT BEING, UM, THAT THIS, THEY'RE BEING TREES REPLANTED AND NOT NECESSARILY GOING INTO THE MITIGATION FUND.

UM, BUT MAYBE THE APPLICANT CAN TALK ABOUT SOME OF THE DESIGN AND LAYOUT CONSTRAINTS AND MAYBE HELP EASE MY MIND ABOUT WHY YOU COULDN'T DESIGN YOUR LAYOUT IN A DIFFERENT WAY OR AREA.

YEAH.

UH, THIS IS MARK WITH, UH, MP STUDIO.

UM, SO THE ALIGNMENT AND, AND WHAT'S HAPPENING WITH THIS ALIGNMENT IS IT'S, UH, IT'S ACTUALLY, UH, SANDWICHED IN BETWEEN AN EXISTING, UM, THE HOT WELLS PARKING LOT.

THAT IS KIND OF THE, THE, I GUESS, PART OF THE PARKS.

UM, BEAR COUNTY PARKS, UH, LAND, AND THEN THE NEW PARKING LOT, UM, THAT IS TO THE ADJACENT PROPERTY.

AND IN BETWEEN THOSE TWO PARKING LOTS, UM, WHAT'S HAPPENING IS WE'RE, WE'RE INSTALLING A A IN ORDER TO HELP, UH, CAPTURE THE WATER FROM THE PARKING LOT AS WE'RE, WE'RE INSTALLING A LIT A LID FEATURE AS WELL.

UH, THAT WILL BE CONVEYING THE WATER, UM, DOWN TO THE LOW POINT, OBVIOUSLY, TOWARDS THE, UH, THE, UH, THE RIVER.

AND, UH, AND PRIOR TO THAT HAPPENING IS WHERE THE LID FEATURE'S ACTUALLY GONNA BE, COLLECTING THE WATER, TREATING IT, AND THEN GOING THROUGH.

AND SO, SO, SO THE DRAINAGE, UH, THAT'S GOING DOWN TO THE LOW POINT, UH, HAPPENS TO BE IN THAT SAME ALIGNMENT, UM, FURTHER DOWN AS IT'S, UH, REACHING INTO THE FLOODPLAIN, UH, WHERE I THINK THERE IS AN EXISTING DRAINAGE, UH, BASIN ALREADY OR CATCH BASIN THAT'S ALREADY THERE.

UH, SO, SO CIVIL WISE, THEY'RE, THEY'RE BASICALLY KIND OF RUNNING THAT ALIGNMENT, UH, STRAIGHT INTO, UH, A NATURAL SWELL THAT'S HAPPENING, UH, INTO THE DRAINAGE.

AND SO THAT'S WHERE, UH, WE'RE IMPACTING THOSE TREES THAT ARE GROWING WITHIN THAT NATURAL SWELL.

COMMISSIONER CARDILLO, YOU'RE STILL, SORRY.

THANK YOU.

UM, THANK YOU APPLICANT.

UM, STAFF, CAN YOU PROVIDE US SOME INFORMATION ON THE RECENT REQUEST THAT, UH, OUR TREE VARIANCE APPROVALS GET REPORTED TO CITY COUNCIL? UH, GOOD AFTERNOON, UM, MADAM CHAIR AND COMMISSIONERS, AND, AND MS. PRIOT, THIS IS MIKE SHANNON.

I CAN CERTAINLY, UM, UM, YOU KNOW, TALK ABOUT THAT A LITTLE BIT.

SO I THINK, AND, AND, AND MADAM CHAIR, YOU ASKED A QUESTION EARLY ON ABOUT WHAT IS YOUR PURVIEW.

UM, YOU KNOW, WE ARE GONNA CONTINUE TO DO, UH, WHAT WE'VE ALWAYS DONE, WHICH IS REVIEW PROJECTS FOR COMPLIANCE WITH THE TREATY PRESERVATION CODE, ALONG WITH ALL OF OUR OTHER DEVELOPMENT REGULATIONS, WHETHER IT BE, YOU KNOW, TRAFFIC, UM, YOU KNOW, SUBDIVISION RULES AND REGULATIONS, BUILDING CODES, ET CETERA.

UH, IN THE, IN THE TREE CODE, AS YOU KNOW, WE, WE, UM, THERE MAY BE SOME HARDSHIPS ON PROJECTS AND, UM, SOME OF THEM CAN BE REVIEWED AND APPROVED ADMINISTRATIVELY THROUGH MARK BIRD AND OR MYSELF AS THE BUILDING OFFICIAL.

HOWEVER, OTHERS HAVE TO BE CONSIDERED BY YOU, THE PLANNING COMMISSION, UH, THOSE, UH, HISTORICALLY WE'VE BROUGHT TO YOU, UH, WE'VE GIVEN YOU THE DETAILS, WE'LL CONTINUE TO DO THAT, AND YOU WILL VOTE TO APPROVE OR DENY.

UM, WE'LL BE HAPPY TO, UH, GIVE YOU A BRIEFING ON THAT PROCESS.

AGAIN, CERTAINLY, I THINK THERE WAS A COMMENT BY, UM, THE COMMISSIONER ABOUT THE TREE FUND, KIND OF A, HOW THAT WORKS, MAYBE AN UPDATE, THOSE TYPE OF THINGS.

UH, ACKNOWLEDGING THAT THIS ONE DOESN'T INCLUDE MITIGATION USING THE TREE FUND, TREE MITIGATION FUND.

UH, BUT THAT BEING SAID, UH, ONE OF THE ITEMS THAT WAS RECENTLY MENTIONED, UH, THROUGH THE MEDIA, BUT, UM, YOU KNOW, ALL APPROVALS OF THREE VARIANCES BECAUSE OF, UH, THE INTEREST, RECENT INTEREST, I WOULD SAY, YOU KNOW, THERE'S ALWAYS BEEN AN INTEREST.

BUT, UH, THE RECENT INTEREST IS, UM, I WILL JUST BE SUMMARIZING, UH, ALL OF THE ADMINISTRATIVE AND OR PLANNING COMMISSION, UH, VARIANCES.

I'LL PRODUCE A REPORT THAT I'LL SHARE WITH THE CITY MANAGER, AND WE WILL GO OVER THAT, UM, UH,

[01:25:01]

TOGETHER.

AND, AND THAT, THAT REALLY IS JUST ADDITIONAL DOCUMENTATION, ADDITIONAL TRANSPARENCY OF, OF WHAT WE'VE ALWAYS DONE.

SO I'VE HEARD SOME TALK ABOUT A CHANGE IN PROCESS.

IT'S NOT A CHANGE IN PROCESS.

I THINK IT'S JUST ADDITIONAL DOCUMENTATION OF WHAT WE'VE BEEN DOING, WHAT WE'LL CONTINUE TO DO TOGETHER.

AND, AND I THINK THESE ARE GOOD DISCUSSIONS TO HAVE, UH, BECAUSE I THINK, AS COMMISSIONER MENTIONED, I MEAN, IT'S CRITICAL.

OUR TREE ORDINANCE IS CRITICAL, UH, TO THE, TO THE GOOD GROWTH AND GOOD DEVELOPMENT, UH, IN SAN ANTONIO.

AND WE, WE HAVE A CODE THAT THAT, THAT IS BALANCED.

AND, AND I, AND I'VE TALKED ABOUT THAT, UH, OVER THE YEARS.

I THINK YOU ALL HAVE TALKED ABOUT THAT, UM, INDIVIDUALLY, COLLECTIVELY.

UM, AND, AND I THINK THESE VARIANCES ARE PART OF THAT.

UM, YOU KNOW, WE'VE HAD 200 VARIANCES, UH, PLUS OR MINUS IN THE LAST COUPLE YEARS OUT OF THE 10,000 PROJECTS THAT WE'VE ISSUED, UH, PERMITS TO.

SO IT'S A, IT'S A SMALL NUMBER, BUT, BUT AGAIN, THERE ARE PROJECTS THAT HAVE SOME HARDSHIPS, UM, THAT WE NEED TO CONSIDER.

AND WHETHER WE GO WITH IT OR NOT, UM, YOU KNOW, THAT'LL BE EITHER ADMINISTRATIVELY THE ONES THAT WE SEE, OR CERTAINLY THE ONES THAT YOU CONSIDER AS COMMISSIONERS.

SO, I, I'LL JUST KIND OF GIVE THAT AS AN OVERVIEW TO ANSWER THE QUESTION AND, AND MAYBE GIVE SOME CONTEXT AND I'D BE HAPPY TO, UH, ANSWER IT ANY, ANY MORE TODAY.

OR, UH, IF YOU'D LIKE, WE CAN CERTAINLY GIVE YOU A PRESENTATION, UH, A LITTLE BIT MORE OF THE PROCESS AT A WORK SESSION OR A FUTURE MEETING AS WELL.

YES, MICHAEL, IF, IF WE CAN, UM, JUST HAVE A LITTLE BIT OF A, OF A PRESENTATION AT A FUTURE WORK SESSION MEETING.

UM, I ALSO DO WANNA POINT OUT THAT, UM, THE U D C PROCESS IS ABOUT TO BEGIN.

AND SO THIS IS A, A PERFECT TIME TO BE HAVING THIS DISCUSSION.

I DO BELIEVE THAT COMMISSIONER CARILLO, MYSELF, COMMISSIONER PECK AND COMMISSIONER JACKSON ARE REPRESENTING THE PLANNING COMMISSION, UH, FOR THAT PROCESS.

AND SO THIS IS ONE OF THOSE THAT WILL BE REVIEWED AND WE CAN BRING UP, UM, DIFFERENT, UM, IDEAS ON, ON AMENDMENTS.

IS THAT CORRECT? ABSOLUTELY.

AS YOU KNOW, UM, WE WOULD'VE DONE THAT LAST YEAR, UH, UH, YOU KNOW, BUT OF COURSE, APPROPRIATELY.

SO, UH, THE U D C AMENDMENT PROCESS, UH, WAS PUT ON PAUSE AND, AND, AND REMAIN.

SO UNTIL WE GET THROUGH THE HEALTH CRISIS AND, UM, AND WHEN OUR MAYOR AND, AND CITY COUNCIL DECIDE THAT IT'S THE RIGHT TIME TO, TO START THAT UP AGAIN, HOPEFULLY SOON, RIGHT? UH, IF THE, IF, IF THE HEALTH ISSUES KEEP GETTING BETTER.

UM, BUT, BUT WHEN WE DO THAT, CERTAINLY THE U D C AND, AND THIS IS PART OF THE U D C, UH, WILL GO THROUGH A PUBLIC PROCESS WHERE PEOPLE CAN PROPOSE AMENDMENTS.

UH, THEY'LL BE CONSIDERED CERTAINLY BY THE PC TAC, UH, PLANNING COMMISSION AND THE OTHER, A APPLICABLE COMMISSIONS, AND THEN EVENTUALLY PRESENTED, UM, AS A RECOMMENDATION TO CITY COUNCIL.

SO, UH, YEAH, THAT, THAT'S NOT TOO FAR OFF, HOPEFULLY EXACTLY WHEN WE DON'T KNOW.

UM, BUT, UH, WE'LL CERTAINLY KEEP YOU ALL, AND, AND WE'LL GET READY WITH A PRESENTATION SHORTLY, UH, AND, AND, AND ONE OF THE NEXT, IF NOT THE NEXT WORK SESSION FOR YOU.

THANK YOU, MICHAEL.

COMMISSIONER CARTIER, DO YOU HAVE ANY OTHER ADDITIONAL QUESTIONS? NO, JUST COMMENTS.

UM, THANK YOU, UH, MICHAEL, AND, UH, THANKS TO STAFF ALWAYS FOR, UH, PROVIDING, UM, INFORMATION ON THESE ITEMS. UM, AGAIN, I JUST, I JUST DON'T WANT THIS BODY TO, UH, HAVE ANY UNDUE SCRUTINY, AND I JUST WANT US TO BE AWARE THAT THERE IS A LITTLE BIT MORE OF A, A SPOTLIGHT ON, ON THESE ITEMS. I'M, I LEARNED ABOUT IT THROUGH T P R, I DIDN'T EVEN KNOW THERE WAS ANY CONCERN OUT THERE.

SO, UM, AND, YOU KNOW, PART OF THAT, IF, UH, THAT PRESENTATION FROM STAFF, UM, IF WE CAN HAVE LIKE A BRUSH UP ON WHAT THESE SO QUOTE UNQUOTE HARDSHIPS ARE, UM, I JUST WANNA MAKE SURE THAT WE ARE MAKING WISE DECISIONS AND BEING PRUDENT IN OUR DECISION MAKING WHEN GRANTING VARIANCE IS BASED ON HARDSHIPS.

UM, JUST BECAUSE THERE'S A TREE IN THE WAY DOESN'T NECESSARILY MEAN LIKE THAT.

MAYBE THAT SHOULD BE KNOCKED DOWN.

MAYBE THEY CAN GO AROUND IT.

I, I JUST WANT US TO BE, UM, SMART ABOUT ALL, ALL, ALL OF OUR DECISIONS, AND AGAIN, MAKE SURE THAT WE'RE NOT CASTING ANY UNDUE OR UNNECESSARY, UH, LIGHT ON US.

SO, THAT'S IT.

THANK YOU.

NO, THANK YOU FOR BRINGING THIS FORWARD, COURTNEY, AND ALL YOUR POINTS.

THANK YOU.

YEP.

THIS IS, UH, THIS IS MARK WITH MP STUDIO AGAIN.

UM, ONE THING, ONE THING I WOULD KIND OF MENTION WHEN I READ THAT SAME ARTICLE, UH, AS A LANDSCAPE ARCHITECT THAT HAS BEEN KIND OF DOING PERMANENT JOBS IN, IN SAN ANTONIO, UM, FOR OVER 10 YEARS, UM, YOU KNOW, I HAD, UH, I HAD READ IT AND, AND I'M AN ADVOCATE OF SAVING TREES HOWEVER WE CAN AND WHENEVER WE CAN.

AND IN FACT, I'LL PUSH EVEN EVEN FURTHER THAN THAT.

UM, BUT, UH, YOU KNOW, THE ARTICLE WAS, SEEMED TO BE A LITTLE BIT, UH, MISLEADING IN THE FACT THAT I THINK, YOU KNOW, MY UNDERSTANDING IS IT A PROJECT VARIANCE WOULDN'T EVEN GET PRESENTED, UH, TO YOUR LEVEL FOR APPROVAL OR FOR CONSIDERATION UNTIL IT'S ACTUALLY BEEN VETTED EVEN THROUGH A COUPLE OF ROUNDS OF, UH, DISCUSSIONS WITH, UM, WITH, UM, YOU KNOW, MICHAEL AND, AND MARK BERG AND THEIR TEAM REVIEW TEAM TO EVALUATING WHETHER OR NOT THERE WERE OTHER OPTIONS THAT WE COULD HAVE TAKEN OR

[01:30:01]

DID AND WHATNOT BEFORE IT'S EVEN CONSIDERED FOR A VARIANCE APPROVAL.

UM, A LOT OF TIMES, YOU KNOW, I'VE HAD PROJECTS WHERE WE JUST TOTALLY SAY, YOU KNOW WHAT? IT, IT'S NOT GONNA GET APPROVED.

LET'S NOT EVEN GO THIS ROUTE.

WE GOTTA REDESIGN IT, YOU KNOW, WHENEVER WE CAN AND HOWEVER WE CAN, UM, BECAUSE OF CERTAIN CONDITIONS.

UM, SO I, I WOULD KINDA MAKE THAT NOTE AS A, YOU KNOW, ON A MORE, ON A PRIVATE LEVEL AND, AND SEEING IT, YOU KNOW, LOOKING IN ALSO.

THANK YOU.

MARK, DO WE HAVE ANY OTHER ADDITIONAL COMMISSIONER QUESTIONS? I'LL TAKE HANDS.

COMMISSIONER RYAN? YES.

MARK PADILLA.

QUESTIONS FROM MARK PADILLA.

UM, I KNOW IN THE RIO DISTRICTS, UH, HAVE YOU GONE THROUGH HISTORIC YET? AS, AS YOUR DESIGN AND, AND WHAT YOU'VE FELT LIKE THE REASON WHY YOU'RE HERE HAVING TO REMOVE THESE TWO TREES DUE TO, UH, DRAINAGE, UH, HAS THAT GONE THROUGH H D R C? UM, I BELIEVE THE, UH, THE H C R C REVIEWED THE MASTER PLAN, UH, SITE PLAN FOR WHAT, UM, WHAT THE CLIENT IS LOOKING AT DOING, UM, FOR APPROVAL.

UM, OKAY.

I JUST WANTED, I WANTED TO MAKE SURE THERE WAS ADDITIONAL SCRUTINY ON, AND JUST TO MAKE SURE YOU JUST WEREN'T, YOU KNOW, JUST THAT YOU REALLY PUT HOW MUCH THOUGHT WAS PUT INTO THIS AND WHY YOU FELT LIKE THIS, UH, VARIANCE WAS, WAS AS NECESSARY AS IT AS IT'S BEING PRESENTED.

SO, UM, THANK YOU.

ANY OTHER ADDITIONAL COMMISSIONER QUESTIONS? MADAM CHAIR? JUST SEGEL? I HAVE A QUESTION.

MADAM CHAIR, I'LL, DEAR COMMISSIONER PROMAN AND COMMISSIONER SIEGEL, THANK YOU.

UH, THANK YOU COMMISSIONER CILLO FOR, YOU KNOW, BRINGING THIS UP IN THE MIDDLE OF A, A PUBLIC MEETING.

YOU KNOW, I THINK, UH, TRANSPARENCY IS IMPORTANT.

UM, I KNOW WE'RE NOT SPECIFICALLY REALLY TALKING SO MUCH ABOUT THE SPECIFIC ITEM AS JUST THE PROCESS, SO I AGREE, UH, WITH, YOU KNOW, HAVING SOME ADDITIONAL PRESENTATION, SEEING HOW THE TREE MITIGATION FUND IS, IS USED AND APPROPRIATED HOW THAT PROCESS WORKS AND, AND HOW, UH, D S D IS VETTING THESE PROJECTS BEFORE IT COMES TO US AS WELL.

SO I IMAGINE A NUMBER OF THESE VARIANCES ARE DENIED EVEN BEFORE THEY COME TO US.

SO REALLY JUST A COMMENT THAT I THINK THIS DISCUSSION IS G GREAT THAT WE'RE HAVING IT, UH, IN A PUBLIC FORUM, AND I LOOK FORWARD TO, YOU KNOW, FURTHER DISCUSSIONS SO THAT WE MAINTAIN THAT LEVEL OF TRUST AND TRANSPARENCY IN THE COMMUNITY.

NO, NO FURTHER, NO FURTHER COMMENTS.

THANKS.

THANK YOU, COMMISSIONER SIEGEL.

THANK YOU, CHAIR GONZALEZ.

UM, SO MY QUESTION HAS TO DO WITH THE SITE PLAN, THE PRESERVATION PLAN THAT I'M LOOKING AT.

I BELIEVE IT'S TP 1.1 WAS ONE OF THE MATERIALS THAT WAS SUBMITTED, AND, UM, I SEE THE PARKING LOT THERE AND, UH, I SEE WHAT I THINK IS A SMALL BUILDING AND THEN WHAT LOOKS LIKE A WALKWAY THAT'S CROSSING INTO THE FLOODPLAIN AND GOING TOWARDS THE SOUTHERN REACH OF THE SAN ANTONIO RIVER.

IS THAT CORRECT? THAT'S CORRECT.

OKAY.

AND SO THE, THE POSITION IS THAT THERE'S A DRAINAGE LINE THAT NEEDS TO, UM, SERVE THIS PROPERTY AND IT RUNS DOWN INTO THE FLOODPLAIN.

DOES IT, WHAT, IS IT LIKE A STORM SEWER? IS IT, DOES IT DAYLIGHT AT THE RIVER? HOW, HOW DOES THIS WORK? UH, YES.

IT'S A, THERE'S AN EXISTING, UH, STORM DRAIN LINE, UH, OR CATCH BASE IN THERE, UH, THAT WE'RE TYING INTO.

UH, AND I BELIEVE THAT THAT WAS INSTALLED, I GUESS DURING THE, UH, RENOVATIONS THAT WERE DONE, UM, FOR THE, UH, UM, FOR THE ADJACENT PROPERTY.

AND AM I UNDERSTANDING CORRECTLY THAT IT'S THE SITE TOPOGRAPHY THAT NECESSITATES THE DRAIN LINE RUNNING UNDERNEATH WHERE THESE TREES ARE? UM, IS THAT CORRECT? THAT'S CORRECT.

THAT'S CORRECT.

IT'S, UH, TAKING A STRAIGHT LINE FROM, FROM A TO V TO TRY TO GET INTO, UH, THAT DRAIN LINE.

UM, ONE WITH THE, UH, WORKING AROUND SOME OF THE NATURAL TERRAIN AND TWO OF JUST TRYING TO GET TO THAT POINT FROM, UH, THE POINT WHERE, UH, THE EXISTING DRAIN LINES ARE COMING OFF OF THE NEW PARKING LOT, UM, OR NOT DRAIN LINES, BUT THE FLOW OF THE PARKING LOT COMING IN BETWEEN THE TWO PROPERTIES THEMSELVES AND THEN TYING INTO, UM, THAT, THAT POINT OF CONNECTION.

OKAY.

YEAH, I SEE THE PLAN THAT'S PULLED UP ON THE SCREEN NOW IS A LITTLE MORE DETAILED THAN THE ONE THAT, UM, IS ON THE, THAT I SAW ON THE BOARD'S PAGE, SO I, I CAN MAKE A LITTLE BETTER SENSE OF IT NOW.

I SEE THE CATCH BASIN AND EVERYTHING, THE TREES ARE QUITE CLOSE TO THE PROPERTY LINE.

UM, AND SO YOU GUYS ARE PLANNING TO MITIGATE MORE THAN IS NECESSARY.

I THINK WE'RE PLANNING TO MITIGATE TWICE

[01:35:01]

AS MANY TREE TREE INCHES AS ARE REQUIRED.

IS THAT CORRECT? A LITTLE MORE THAN THAT.

UH, THAT'S, THAT'S CORRECT.

WE'RE ALSO PUTTING IN OTHER, YOU KNOW, TREES THAT WILL ALSO HELP JUST, UH, FOR SHADE AROUND THE PARKING LOT FOR PARKING LOT SHADING.

UM, AND THEN JUST REPLACEMENT OF, UH, OF OTHER TREES THAT ARE BEING REMOVED, UM, ON SITE.

UM, BUT EVEN JUST FOR A, A, A SHADE VALUE, UM, CLOSE TO WHERE THE BUILDING IS AS WELL, THAT EXTERIOR SEATING WOULD BE APPLIED.

OKAY.

AND THEN, AND THEN KIND OF TURNING TO THE HABITAT CONSIDERATION, IS IT, IS IT CORRECT THAT BOTH OF THE TREES TO BE REMOVED ARE, UH, ATCH? UH, YES.

AND THERE ARE OTHER ATCH TREES ON SITE? YES, THERE ARE OTHERS ON SITE, ATCH AND MESQUITES.

OKAY.

I DON'T HAVE ANY QUESTIONS.

THANK YOU.

THANK YOU.

DO WE HAVE ANY OTHER ADDITIONAL COMMISSIONER QUESTIONS? UM, MADAM CHAIR, I GOT SOME COMMENTS.

YES.

COMMISSIONER GARCIA, UH, ONCE AGAIN, THANKS STAFF FOR THE CONVERSATION WE HAD YESTERDAY REGARDING THE, UH, .

AND ONE THING FOR THE MEMBER THAT, UM, TO KEEP IN MIND IS ONE OF THE THINGS I GOT CLARIFICATION WAS THAT THE TREAT PRESERVATION, PRETTY MUCH SPECIFIC, UH, TYPES OF TREAT AND APOLOGIES, UH, COMMISSIONER GARCIA, UH, YOU SEEM TO BE CUTTING OUT.

OKAY.

AND THERE WERE, UH, CLARIFICATIONS I RECEIVED YESTERDAY FROM STAFF, AND THERE'S TREES, UM, OR PROPERTY THAT ARE COVERED, UH, BY THE TREE PRESERVATION MEANS THE, UH, BIT OF TREES THAT ARE NOT PRESERVATION.

AND THAT'S ONE THING.

THE, UM, COMMISSIONER, IF, IF, IF YOU CAN HEAR US PRESENTATION FROM STAFF, IF YOU CAN HEAR US, SIR, YOUR CONNECTION IS REALLY CHOPPY.

WE'RE HEARING ABOUT ONE OUT OF EVERY THREE WORDS.

OKAY? YEAH, WE, WE, WE CAN'T HEAR YOU AT ALL, SIR.

I WAS TRYING TO, TO CONVERSATION WITH YESTERDAY IN WHICH, UH, I GOT CLARIFICATION THAT, UH, TREES ARE COVERED BY THE TREE PRESERVATION SIGN TREES, HERITAGE TREES, OR TREES IN ENVIRONMENTAL SENSITIVE AREAS IN THE FLOOD PLANE, WHICH COULD LEAVE, UM, NUMBER THAT ARE ON A PROPERTY TO BE DEVELOPED AND NOT COVER.

AND THAT'S JUST SOMETHING OUR, UH, PTECH MEMBERS KEEP IN MIND, UM, AS THEY GO FORWARD AMENDMENTS.

THANK YOU.

THANK YOU.

FORWARD TO THE PRESENTATION STAFF ON THE, UH, .

THANK YOU.

THANK YOU.

COMMISSIONER GARCIA.

UH, JUST TO KIND OF CLARIFY FOR, FOR THOSE, UM, UH, COMMISSIONER CHRIS GARCIA IS PROVIDING, UM, JUST SOME INFO FOR P A C, UM, FOR US TO REVIEW FOR THOSE ON THE COMMISSION THAT ARE PART OF THE U P C UM, PROCESS.

AND SO, UH, COMMISSIONER GARCIA, IF YOU DON'T MIND PASSING THAT ALONG AS WELL, YOU WERE A LITTLE BIT CHOPPY, AND WE'LL BE SURE TO INCLUDE THAT IN THOSE CONVERSATIONS WHEN THE TIME COMES.

THANK YOU, SIR.

OKAY.

UH, I WILL ENTERTAIN A MOTION NOW FOR ITEM NUMBER 16.

I'M SORRY, ITEM NUMBER 14.

I MOVE GARCIA.

MOTION COMMISSIONER MICHAEL GARCIA, SECOND COMMISSIONER, WHO MADE THE SECOND COMMISSIONER PECK.

COMMISSIONER.

I WILL.

COMMISSIONER PECK.

COMMISSIONER MICHAEL GARCIA MADE A MOTION.

COMMISSIONER PECK MADE THE SECOND ROLL CALL, PLEASE.

ALRIGHT, THANK YOU.

COMMISSIONER JACKSON? YES.

COMMISSIONER CARRILLO? YES.

COMMISSIONER CHRISTOPHER GARCIA.

COMMISSIONER CHRISTOPHER GARCIA? YES.

THANK YOU.

COMMISSIONER SIEGEL? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER UH, MICHAEL GARCIA? YES.

COMMISSIONER BUSTAMANTE.

AYE.

COMMISSIONER ORIAN? YES.

COMMISSIONER PROFIT? YES.

VICE CHAIR PECK?

[01:40:01]

YES.

AND MADAM CHAIR GONZALEZ? YES.

THE MOTION PASSES.

THANK YOU.

THANK YOU.

UH, FINAL ITEM

[15. 21-1244 TPV 21-033: Request by Mr. Javier Castello, P.E., for approval of a tree preservation variance request from Unified Development Code 35-523 (h), “significant trees shall be preserved at eighty (80) percent and heritage trees at one hundred (100) percent preservation within both the 100-year floodplains and environmentally sensitive areas”, general located off Swayback Ranch and Dusty Boots Road. Staff recommends approval. (Herminio Griego, (210) 207-6042, herminio.griego@sanantonio.gov, Development Services Department).]

ON THE AGENDA IS ITEM NUMBER 15.

UM, I DO WANNA ASK TO FOLLOW COMMISSIONER.

THIS WAS ALSO PULLED FOR, UM, INFORMATION, BUT WOULD WE LIKE TO SEE THE FULL PRESENTATION ALSO FOR THIS ITEM? COMMISSIONER CARDILLO? NO, THANK YOU.

I'M, I'M OKAY WITH THIS I MOTION FOR APPROVAL.

OKAY.

WE HAVE A MOTION ON THE TABLE FROM COMMISSIONER CARDILLO.

DO WE HAVE A SECOND? SECOND PROFIT.

DO WE HAVE ANY COMMISSIONER QUESTIONS? HEARING NONE THE ROLL CALL.

ALRIGHT.

COMMISSIONER JACKSON? YES.

COMMISSIONER CARILLO? YES.

COMMISSIONER CHRISTOPHER GARCIA? YES.

COMMISSIONER SIEGEL? YES.

NO.

COMMISSIONER ZUKI? YES.

COMMISSIONER MICHAEL GARCIA? YES.

COMMISSIONER MICHAEL GARCIA? YES.

THANK YOU.

COMMISSIONER BUSANTE.

AYE.

COMMISSIONER ORIAN? YES.

COMMISSIONER PROFIT? YES.

VICE CHAIR PECK? YES.

AND MADAM CHAIR GONZALEZ? YES.

A MOTION PASSES.

THANK YOU.

THANK YOU AGAIN.

I DO, I DO WANNA PERSONALLY THANK COMMISSIONER CARRIO.

I, I HOPE EVERYONE FEELS COMFORTABLE ALWAYS TO, TO BRING UP THESE ITEMS AND REMIND US OF, UH, WHY WE'RE HERE AND SERVING IN THIS ROLE.

UM, IN ANY REQUEST IN THE FUTURE FOR ANY PRESENTATIONS.

AND BY ALL MEANS, THE DOOR IS OPEN AND SO FEEL FREE TO ASK, UM, STAFF TO DO SO IN THE FUTURE.

UM, ALL OF THAT WE HAVE ONE LAST ITEM, APPROVAL OF THE MINUTES.

I DID IN EMAIL, ONE SMALL, UM, REVISION TO THE MINUTES.

DOES ANYBODY ELSE HAVE ANY ADDITIONAL REVISIONS? NOT WE'LL ENTERTAIN A MOTION.

MOTION TO APPROVE.

SECOND COMMISSIONER PECK MOTION FROM COMMISSIONER PROFIT SECOND FROM COMMISSIONER P.

AND THAT DID INCLUDE YOUR REVISION RIGHT.

CONNIE MAY STAFF CLARIFY IF, UM, THE SMALL REVISION THAT COMMISSIONER PECK DID NOT SECOND FOR HIS APPOINTMENT.

FOR MY OWN.

YES.

YES.

THAT WILL, UH, INCLUDE THAT CORRECTION.

THANK YOU.

UH, ROLL CALL PLEASE.

ALRIGHT.

COMMISSIONER JACKSON? YES.

COMMISSIONER CARILLO.

ABSTAIN.

I WASN'T PRESENT.

THANK YOU.

UH, COMMISSIONER CHRISTOPHER GARCIA.

COMMISSIONER CHRISTOPHER GARCIA.

ALRIGHT, UH, WE'LL MOVE ON.

COMMISSIONER SIEGEL APPROVE.

COMMISSIONER ZUKI? YES.

COMMISSIONER MICHAEL GARCIA? YES.

UH, COMMISSIONER BUSTAMANTE ABSTAIN.

COMMISSIONER ORIAN ABSTAIN.

COMMISSIONER PROFIT? YES.

VICE CHAIR PECK? YES.

AND MADAM CHAIR GONZALEZ? YES.

MOTION PASSES.

THANK YOU.

THANK YOU.

IT IS THREE 14 AND THAT CONCLUDES OUR MEETING.