* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] YEAH. YEAH. ALRIGHT, WE'VE BEEN GOING ABOUT FIVE MINUTES. WE'RE GONNA CONTINUE TO WORK ON THE TECHNICAL ISSUES, BUT WE ARE GOING TO BEGIN THIS MEETING. UM, SO GOOD AFTERNOON LADIES AND GENTLEMEN. UM, THIS IS THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO. TODAY IS MARCH 1ST. IT IS ELECTION DAY. PLEASE GO OUT AND DO YOUR CIVIC DUTY AND VOTE AND IF WE COULD HAVE, UH, THE SPANISH INTERPRETATION SERVICES, UH, COME TO THE PODIUM PLEASE. UH, GOOD AFTERNOON. THIS, UH, THIS ANNOUNCEMENT IS TO INFORM YOU THAT DO WE DO HAVE SPANISH INTERPRETATION SERVICES AVAILABLE FOR ANYONE NEEDING THESE SERVICES. PLEASE FEEL FREE TO COME TO, UH, THE, THE INTERPRETER'S CABIN LOCATED WHERE THE, WHERE THE RED CURTAINS ARE LOCATED AT NEXT TO THE ENTRANCE. WE WANNA START THIS. ALRIGHT, THANK YOU SO MUCH. UM, ALRIGHT. BEFORE WE BEGIN, IN ACCORDANCE WITH C D C RECOMMENDATIONS, WE ARE STILL RECOMMENDING MASKS. UM, WE ARE NO LONGER STRONGLY RECOMMENDING MASKS, BUT, UM, ANY EVENT. SO IF YOU NEED A MASK, WE DO HAVE THEM AVAILABLE UP HERE AT THE DESK. YOU CAN GRAB ONE THERE. UM, THE TIME IS ONE OH SEVEN AND I CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION. END OF SESSION. UH, MY NAME IS JOHN BUSTAMANTE AND I AM THE CHAIR OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT FIVE ZONING COMMISSIONER. UH, I WOULD LIKE TO DO ROLL CALL BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT. MARCO BARROS, UH, REPRESENTING DISTRICT NINE. UH, SIR KAMIT, DISTRICT FOUR. ALDO ORTIZ. UH, REPRESENTING DISTRICT EIGHT MARK WHITE. DISTRICT 10. TAYLOR WATSON, DISTRICT TWO. SUMMER GRADE HOUSE DISTRICT ONE. ROB SIPES. DISTRICT SEVEN CHARLES FUENTES. DISTRICT THREE. AND DO WE HAVE COMMISSIONER MCDANIEL? UH, WE HAVE A MUTED COMMISSIONER MCDANIEL . UM, ALRIGHT, WE WILL CONTINUE TO WORK ON THAT AS WE GO FORWARD. STAFF? DO WE HAVE A QUORUM? A QUORUM IS PRESENT. ALRIGHT, THANK YOU SO MUCH. IF EVERYONE WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I ALRIGHT, UM, PRIOR TO BEGINNING OUR HEARING, I WOULD LIKE STAFF TO REVIEW OUR MEETING FORMAT AND PROCEDURES FOR THE BENEFIT OF THOSE IN THE AUDIENCE STAFF IF YOU WOULD. SO BEFORE I BEGIN, PLEASE MAKE SURE TO 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'S 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 AREA 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 ANNEX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE COMMISSION, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED REZONING. YOU'LL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU'LL BE INFORMED THAT YOUR THREE MINUTES ARE UP. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. AND THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. 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 COMMISSION QUESTIONS. THANK YOU CHAIR. ALRIGHT, THANK YOU SO MUCH. AND JUST AS A REMINDER, IT DOES TAKE SIX COMMISSIONERS, UH, FOR ACTIVITY TO OCCUR. COMMISSIONER MCDANIEL, DO WE HAVE YOU ONLINE? COMPLETELY NOW THE ANSWER IS NO. SO [00:05:01] SORRY TO CONTINUE KEEPING YOU ON HOLD. UM, ALRIGHT, STAFF IF WE COULD, CAN WE GO OVER THE WITHDRAWN OR POSTPONED ITEMS, IF ANY? NO SIR. WE HAVE NO, UH, POSTPONED OR WITHDRAWN ITEMS THIS AFTERNOON. ALRIGHT, VERY GOOD. [Zoning Items  ] CAN WE GO OVER THE ITEMS ON OUR COMBINED HEARING NUMBER ONE, WHICH IS OUR CONSENT AGENDA? YES SIR. THE FOLLOWING ITEMS ARE FOR COMBINED HEARING AGENDA ONE, ITEM NUMBER EIGHT AT 3 0 1 EAST WOODLAWN AVENUE. UH, ITEM 11 AT 1 43 97 BLANCO ROAD, ITEM 12 AT 43 23 COL LABRA ROAD AND ITEM 14 AT UH, FOUR AT VALIANT STREET, 1 21 34 VALIANT STREET, AS WELL AS ITEM 16, GENERALLY LOCATED ON THE 11,000 BLOCK OF O'CONNOR ROAD. AND ITEM NUMBER 19 LOCATED AT FIVE 17 EAST MISTLETOE AVENUE AND 5 21 EAST MISTLETOE AVENUE. ITEM NUMBER FOUR WILL BE ON A SEPARATE COMBINED HEARING AGENDA FOR A RECUSAL. VERY GOOD. THANK YOU SO MUCH, COMMISSIONERS. UH, IS THERE ANY ITEM CURRENTLY ON COMBINED HEARING NUMBER ONE THAT YOU WOULD LIKE TO PULL FOR INDIVIDUAL CONSIDERATION? COMMISSIONERS TO MY LEFT, COMMISSIONERS TO MY RIGHT. COMMISSIONER MCDANIEL. OKAY. GOT A HEAD SHAKE. NO, NO TEST OF AUDIO. UM, VERY GOOD STAFF IF WE COULD READ COMBINED HEARING NUMBER ONE INTO THE RECORD PLEASE. ITEM NUMBER EIGHT IS A REQUEST TO REZONE FROM R FOUR A H O D TO R TWO A H O D LOCATED AT 3 0 1 EAST WOODLAWN AVENUE. THERE WERE 36 NOTICES MAILED. TWO RECEIVED IN FAVOR, ONE RECEIVED IN OPPOSITION AND TOBIN HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. ITEM NUMBER 11 IS A REQUEST TO REZONE FROM C TWO TO C TWO SS WITH ALL OVERLAYS REMAINING THE SAME. AND THE SPECIFIC USE AUTHORIZATION FOR A FITNESS CENTER. HEALTH CLUB GYMNASIUM, NATATORIUM SPORTS COURT OUTDOOR USES PERMITTED LOCATED AT 1 43 97 BLANCO ROAD. THERE WERE 11 NOTICES MAILED, NONE RECEIVED IN FAVOR, ONE RECEIVED IN OPPOSITION AND NO RESPONSE FROM CADILLAC DRIVE OR WALKER RANCH NEIGHBORHOOD ASSOCIATIONS. ITEM NUMBER 12 IS A REQUEST TO REZONE FROM C TWO TO C TWO CD WITH ALL OVERLAYS REMAINING THE SAME AND A CONDITIONAL USE FOR MANUFACTURED HOME, OVERSIZED VEHICLE SALES, SERVICE, OR STORAGE. LOCATED AT 43 23 COLLIBRA ROAD, THERE WERE 15 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM COLLIBRA PARK NEIGHBORHOOD ASSOCIATION. SHOULD THE ZONING COMMISSION RECOMMEND APPROVAL OF THIS ITEM, THE FOLLOWING CONDITIONS ARE RECOMMENDED. ITEM ONE, DOWNWARD FACING LIGHTING DIRECTED AWAY FROM A BED, A BUDDING RESIDENTIAL ZONING AND OR USES. NUMBER TWO, A 15 FOOT LAND LANDSCAPE BUFFER, TYPE B TO THE REAR OF THE PROPERTY AND THREE, NO TEMPORARY SIGNS, WIND WAIVERS, PENANT SPAN OR SNIPE SIGNS. ITEM NUMBER 14 IS A REQUEST TO REZONE FROM I ONE A H O D TO C THREE AND A A H O D LOCATED AT 1 2 1 3 4 VALIANT STREET. THERE WERE 15 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION AND THERE'S NO NEIGHBORHOOD ASSOCIATION. ITEM NUMBER 16 IS A REQUEST TO REZONE FROM I ONE I H ONE A H O D AND I ONE A H O D AS WELL AS C TWO A H O D AND C THREE A H O D TWO MF 33 I H ONE A H O D AND MF 33 A H O D. GENERALLY LOCATED ON THE 11,000 BLOCK OF O'CONNOR ROAD, THERE WERE 25 NOTICES MAILED. ONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM VALLEY FORGE NEIGHBORHOOD ASSOCIATION. ITEM NUMBER 19 IS A REQUEST TO REZONE FROM R SIX TO R SIX CD WITH A CONDITIONAL USE FOR THREE DWELLING UNITS. EXCUSE ME, I'M GONNA HAVE TO READ THIS ONE AGAIN. ITEM NUMBER 19 IS A REQUEST TO REZONE FROM R SIX A H O D TO R SIX C D A H O D WITH A CONDITIONAL USE FOR THREE DWELLING UNITS ON LOT 18 AND THE WEST 4.5 FEET OF LOT 19 AND R SIX CD A H O D WITH A CONDITIONAL USE FOR TWO DWELLING UNITS ON THE EAST, 45.5 FEET OF LOT 19 N CCB 8 63 LOCATED AT FIVE 17 [00:10:01] EAST MISSILE TOE AVENUE AND 5 21 EAST MISSILE TOE AVENUE. THERE WERE 38 NOTICES MAILED NONE RECEIVED IN FA NONE RECEIVED IN FAVOR, ONE RECEIVED IN OPPOSITION AND TOBIN HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR MR. CHAIR. ALRIGHT, THANK YOU SO MUCH. UM, THESE ITEMS ARE ON THE CONSENT AGENDA. IS THERE A MOTION MR. CHAIR? I'D LIKE TO LIKE TO MAKE A MOTION FOR APPROVAL OF THE FOLLOWING ITEMS. ITEMS NUMBER EIGHT, NUMBER 11. NUMBER 12, WITH CONDITIONS AS READ NUMBER 14, NUMBER 16 AND NUMBER 19. IS THERE A SECOND? SECOND. ALL RIGHT. VERY GOOD. UM, THERE IS A MOTION FOR APPROVAL OF THE ITEMS AS READ ON THE RECORD BY COMMISSIONER SIPES WITH A SECOND BY COMMISSIONER FUENTES. DISCUSSION. SEEING NONE, ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER FUENTES? YES. COMMISSIONER WATSON? YES. COMMISSIONER KAMATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? CAN UM, YOU COULD DO A THUMBS UP. DID YOU HIT UNMUTE, COMMISSIONER? OKAY. SHOULD A THUMBS UP? THUMBS UP, SORRY. YES. THANK YOU. COMMISSIONER GREATHOUSE? YES. CHAIR BUSANTE. AYE. MOTION PASSES FOR APPROVAL. ALL RIGHT, VERY GOOD. UH, IF Y'ALL WERE PRESENT FOR ANY OF THOSE ITEMS, THEY HAVE BEEN RECOMMENDED FOR APPROVAL AND Y'ALL CAN GO ALONG, GO VOTE, ENJOY THE REST OF YOUR DAY. UM, BUT YOU CAN STAY WITH US TOO IF YOU'D LIKE. UM, ALRIGHT, WE ARE GOING TO MOVE ON NOW TO ITEM NUMBER FOUR. UH, AT THIS TIME, COMMISSIONER GREATHOUSE IS LEAVING THE HEARING ROOM. IT IS ONE 18. COMMISSIONER GREATHOUSE IS RECUSED ON THIS ITEM. ITEM NUMBER FOUR IS A REQUEST TO REZONE FROM C THREE TO BP WITH ALL OVERLAYS REMAINING THE SAME. LOCATED AT 86 71 SOUTHWEST LOOP FOUR 10. THERE WERE 12 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM PEOPLE ACTIVE IN COMMUNITY EFFORT. MR. CHAIR. ALRIGHT, THANK YOU SO MUCH. THIS ITEM WAS ELIGIBLE FOR CONSENT BUT BECAUSE OF RECUSAL WAS PULLED, IS THERE A MOTION MR. CHAIR, I'D LIKE TO MAKE A MOTION FOR APPROVAL FOR ITEM NUMBER FOUR. IS THERE A SECOND? A SECOND. ALRIGHT. UM, COMMISSIONER KAMATH? YES, SIR. YEAH. OKAY, GREAT. UM, ALRIGHT. ANY DISCUSSION? COMMISSIONERS ITEM FOR FOUR FOR APPROVAL, UH, BY COMMISSIONER SIPES AND SECOND BY COMMISSIONER KAMATH. SEEING NO DISCUSSION, ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER TIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? THUMBS UP? YES. THANK YOU. CHAIR BUSANTE. AYE. MOTION PASSES. VERY GOOD. IF WE CAN CALL, UH, COMMISSIONER GREATHOUSE BACK IN THE TIME IS ONE 19 AND COMMISSIONER GREATHOUSE IS RETURNING TO THE HEARING ROOM. ALRIGHT, WE ARE MOVING ON TO OUR INDIVIDUAL HEARING ITEMS AND WE WILL BEGIN WITH ITEM NUMBER ONE. SIR, WE HAVE A CONTINUANCE, UH, HEARING. I FORGOT ONE ITEM. WE DO HAVE ONE ITEM FOR CONTINUANCE AND WE WILL GO ON TO ITEM SEVEN. ITEM NUMBER SEVEN IS A REQUEST TO REZONE FROM PUD C TWO A H O D TO C TWO S A H O D WITH SPECIFIC USE AUTHORIZATION FOR A HOTEL LOCATED AT 42 42 MEDICAL DRIVE. THERE WERE 13 NOTICES MAILED TO, RECEIVED IN FAVOR, NONE IN OPPOSITION. AND THERE'S NO NEIGHBORHOOD ASSOCIATION. THE APPLICANT SEEKS A CONTINUANCE TO MARCH 15TH ON THIS ITEM. UH, VERY GOOD. THIS IS A DISTRICT EIGHT CASE. COMMISSIONER ORTIZ. I WAS TRYING TO TAKE ALL OF YOUR CASES AWAY THIS WEEK. UH, THANK YOU KARA. UM, YEAH, WE'LL GO AHEAD AND PUSH. I WILL RECOMMEND THE TWO WEEK CONTINUANCE FOR THE 15TH. ALRIGHT. THERE IS A MOTION FOR CONTINUANCE OF ITEM NUMBER SEVEN TO THE MARCH 15TH HEARING OF THE ZONING COMMISSION. IS THERE A SECOND? SECOND. ALRIGHT, I'M GOING WITH COMMISSIONER FUENTES FOR THAT. ANY DISCUSSION? SEEING NONE. UH, THE MOTION IS FOR ITEM SEVEN TO CONTINUE TO THREE 15. ROLL CALL, VOTE PLEASE. COMMISSIONER COMMISSIONER ORTIZ? YES. COMMISSIONER FUENTES? YES. COMMISSIONER WATSON? YES. COMMISSIONER KAMATH? YES. COMMISSIONER BARROS? UH, [00:15:01] YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL. OKAY. YES, THAT WAS A YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER SIPES? YES. CHAIR BUSANTE. AYE. MOTION PASSES FOR CONTINUANCE. VERY GOOD. ALRIGHT, NOW WE WILL MOVE ON TO OUR INDIVIDUAL HEARING ITEMS. YES. MR. HERNANDEZ, GIVE US ONE MINUTE. WE'RE GONNA REJOIN TO SEE IF, UH, WE CAN CONNECT HER AUDIO. JUST ONE MINUTE. WE WILL STAND IN RECESS FOR TWO SECONDS SO WE WON'T REALLY BE IN RECESS. WE'RE JUST GONNA WAIT. UM, I CAN'T EVEN ASK FOR GOOD JOKES 'CAUSE THAT SEEMS DANGEROUS. NO JOKES. UM, ALRIGHT. AWKWARD SILENCE. . SO IT'S WHAT IT'S WHAT WE'RE STUCK WITH. . THE JEOPARDY. YEAH. SOME MUSIC WOULD DO QUITE NICELY. I WON'T EVEN MENTION SONGS LIKE I DID LAST. COMMISSIONER MCDANIEL, CAN YOU TEST YOUR AUDIO NOW? HAS SHE TRIED CALLING YOU? CAN YOU TEST YOUR AUDIO AGAIN? NO, WE'RE GONNA DISCONNECT. UM, ONE OTHER COMPUTER AND THEN RETRY AGAIN. [00:20:02] MY NAME IS AMANDA SPENCER. OKAY. TEST YOUR AUDIO COMMISSIONER. I KNOW SHE'S TALKING 'CAUSE THE BLUE LINE IS AROUND YOUR SCREEN. IT'S STILL NOT COMING THROUGH. OH, TEST. CAN YOU TEST IT NOW, COMMISSIONER, HOW ABOUT NOW? TRYING WITH YOUR PHONE. LET'S SEE IF THAT WORKS NOW. SO TRY CALLING IN. YES. UM, LADIES AND GENTLEMEN, UM, AT THE BEGINNING OF THE MEETING WE TALKED ABOUT WITHDRAWN OR POSTPONED ITEMS. I HAVE BEEN INFORMED THAT WE NOW HAVE A WITHDRAWN ITEM, UM, MS. FLORES, IF YOU WOULD. SO ITEM NUMBER 18, WHICH IS LOCATED AT ONE 14 GLENWOOD COURT HAS BEEN WITHDRAWN. THAT MEANS IT IS DONE FOR NOW. IF THEY WOULD LIKE TO COME BACK, THEY WILL HAVE TO MAKE APPLICATION AGAIN. SO THERE WILL BE NO PUBLIC HEARING ON THIS ITEM. IT HAS BEEN WITHDRAWN. SO THOSE OF YOU HERE FOR ITEM NUMBER 18, WHICH ENDS IN ZONING NUMBER 0 2 2 ON GLENWOOD COURT. THIS ITEM IS NO LONGER ON THE AGENDA TODAY. AS THEY SAY IN CORPORATE SPEAK, WE ARE GIVING YOU THREE HOURS BACK. I COULD READ THE NAMES OF THE PEOPLE WHO YEAH, IF YOU WOULD. I MEAN, WE HAVE NOTHING ELSE TO FILL THE AIR. SO THAT WOULD BE JOE GERARDI, BETHANY RICHARDSON, NIA OVIEDO, JAMIE. SO, UH, THERE WILL BE NO, UH, PUBLIC SPEAKING ITEM ON THIS TODAY. SO YOU HAVE YOUR TIME BACK FOR THE AFTERNOON AGAIN. WE'RE, WE'RE HAPPY FOR YOU TO STAY HERE WITH US, BUT YOU DON'T HAVE TO. AND THE ITEM THAT YOU WERE HERE FOR IS NOT GOING TO GO FORWARD TODAY AND IT WILL BE RENO AND REFILED SHOULD THEY DECIDE TO COME BACK AND SEEK REZONING IN THE FUTURE IF THEY'RE OUTSIDE THE LOBBY. YEAH. UM, ACTUALLY, MR. AVI, CAN YOU GO OUTSIDE? UH, DESPINA, YOU'RE GOING OUTSIDE. THANK YOU SO MUCH. CAN I TESTING YOUR AUDIO AGAIN? I SAW THAT YOU WERE TALKING. NO. HMM. SO CHAIR, SHE CAN HEAR US, UH, BUT WE CAN'T HEAR HER. OKAY. UM, SO AT, AT THIS POINT, I MEAN, IF SHE'S JUST DOING THUMBS UP, THUMBS DOWN, BUT IF SHE'S ASKING QUESTIONS, THAT'S GONNA BE A PROBLEM. ALRIGHT. UH, COMMISSIONER MCDANIEL, GIVEN THAT EXPLANATION THAT YOU CAN, AND, AND [00:25:01] ITEM NUMBER ONE'S GONNA HAVE A WHOLE LOT OF DOWNTIME UNTIL WE CAN ASK QUESTIONS IN ANY EVENT. UM, BUT GIVEN THAT EXPLANATION, CAN WE BEGIN ITEM NUMBER ONE AND HOPEFULLY BY THE TIME THAT IT'S TIME TO ASK QUESTIONS, UH, YOUR MICROPHONE WILL WORK, BUT WE CAN BEGIN THE PROCESS AND YOU CAN PARTICIPATE IN THE ONE-WAY COMMUNICATION. IS THAT OKAY? THUMBS UP? OKAY. I'LL TAKE A HEAD NOD. IS THAT OKAY? THANK YOU. VERY GOOD. UH, AT THIS TIME, LADIES AND GENTLEMEN, SO THAT WE CAN MOVE THIS ALONG TO THE EXTENT POSSIBLE, WE ARE GOING TO BEGIN WITH ITEM NUMBER ONE. IF WE COULD READ THAT INTO THE RECORD, PLEASE. GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS SUMMER MCCANN ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS LOCATED AT 69 60 PEMBROKE GOING FROM RE RESIDENTIAL STATE DISTRICT TO R E C D RESIDENTIAL ESTATE DISTRICT WITH A CONDITIONAL USE FOR ASSISTED LIVING FACILITY FOR NO MORE THAN 10 RESIDENTS. THERE WERE 14 NOTICES MAILED THREE RECEIVED IN FAVOR, NINE IN OPPOSITION, 70 IN FAVOR OUTSIDE OF 200 FEET, 130 OPPOSED OUTSIDE. 132 OPPOSED OUTSIDE OF 200 FEET. ALAMO FARMSTEAD. BABCOCK ROAD NEIGHBORHOOD ASSOCIATION IS OPPOSED. FARADAY HILLS, H O A OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION AND SCATTERED OAKS, H O A ARE ALL OPPOSED OUTSIDE OF 200 FEET. THE EXISTING RE RESIDENTIAL STATE DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED R E C D RESIDENTIAL ESTATE DISTRICT WITH THE CONDITIONAL USE FOR ASSISTED LIVING FOR NO MORE THAN 10 RESIDENTS IS NOT APPROPRIATE, IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. GENERALLY, ASSISTED LIVING FOR NO MORE THAN SIX RESIDENTS IS PERMITTED IN AREAS WITH COMMERCIAL AND MULTIFAMILY ZONING DESIGNATIONS, AND THE PROPOSED USE AT THAT DENSITY WOULD NOT BE APPROPRIATE USE WITHIN THE AREA. THE SUBJECT PROPERTY IS AN INTERIOR LOT WITHIN A LARGE LOT SINGLE FAMILY NEIGHBORHOOD, THUS THE ALLOWANCE OF ASSISTED LIVING FOR UP TO 10 RESIDENTS WOULD BE A DENSE USE. ADDITIONALLY, THE PROPERTY IS CURRENTLY PERMITTED TO HAVE AN ASSISTED LIVING FACILITY FOR UP TO SIX RESIDENTS. AS PRESENTLY ZONED STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. THANK YOU. VERY GOOD. IF THE APPLICANT IS PRESENT, IF YOU WOULD SIR, PLEASE, UH, INTRODUCE YOURSELF. GIVE US YOUR ADDRESS AND TELL US WHY YOU'RE SEEKING THIS REZONING. ALL RIGHT. GOOD AFTERNOON ZONING COMMISSION. MY NAME IS DANIEL EU. I LIVE AT 6 9 6 0 PEMBROKE ROAD, ALONG WITH MY WIFE ALEXANDRA EU. UNFORTUNATELY, SHE'S NOT ABLE TO BE HERE. SHE HAD A PRIOR ENGAGEMENT THAT COULD NOT BE RESCHEDULED. WE ALSO OWN AND OPERATE, UH, PECAN VIEWS SENIOR CARE, UH, AT THAT LOCATION. I'D LIKE TO FIRST OFFER A LITTLE BIT OF BACKGROUND. MY WIFE AND I PURCHASED A PROPERTY IN 2018. IT WAS A HIGHLY DISTRESSED PROPERTY. IT WAS BEING USED AS A SECTION EIGHT RENTAL. IT WAS ESSENTIALLY A GUT AND WE BROUGHT IT BACK TO LIFE, UM, WITH ALL CURRENT CODES AND STANDARDS WE'RE LICENSED AS A SMALL TYPE B ASSISTED LIVING FACILITY FOR UP TO SIX RESIDENTS. WE RECEIVED THAT LICENSE FROM THE STATE OF TEXAS IN EARLY 2020. ASSISTED LIVING FACILITIES ARE REGULATED UNDER THE TEXAS HEALTH AND SAFETY CODE CHAPTER 2 47. THAT'S WHERE OUR LICENSE COMES FROM. AND ASSISTED LIVING IS DEFINED, UH, IN THE TEXAS ADMINISTRATIVE CODE UNDER TITLE 40 PART ONE. CHAPTER 92, WE HAVE ALL THE LICENSES AND HAVE BEEN THROUGH ALL THE REQUIREMENTS TO MAINTAIN THE BUSINESS AND THEY'RE ALL IN GOOD STANDING. A COUPLE EXAMPLES ARE THE FIRE MARSHAL FROM THE CITY CAME AND INSPECTED US, UH, JANUARY OF 2022. HE FOUND NO DEFICIENCIES, NO VIOLATIONS. THAT'S AN ANNUAL INSPECTION. UM, THE CITY HEALTH INSPECTOR CAME LAST WEEK ACTUALLY, AND WE GOT A HUNDRED PERCENT A RATING FROM THAT. UH, INSPECTION. WE'VE NEVER RECEIVED ANY VIOLATIONS OR COMPLAINTS SINCE WE'VE BEEN IN OPERATION. NEXT, I'D LIKE TO TALK A LITTLE BIT ABOUT WHAT IS IN ASSISTED LIVING. UM, AS I MENTIONED, IT'S CLEARLY DEFINED IN TITLE 40, THE TEXAS ADMINISTRATIVE CODE, BUT TO PUT, UH, SIMPLY AN ASSISTED LIVING COMMUNITY GIVES OLDER ADULTS PERSONALIZED CARE SERVICES IN A RESIDENTIAL SETTING. PERSONAL CARE SERVICES ARE DEFINED KIND OF BY TWO MAJOR POINTS. THE FIRST ONE BEING IS ASSISTANCE WITH ACTIVITIES OF DAILY LIVING. THESE WOULD BE THINGS SUCH AS FEEDING, DRESSING, MOVING, BATHING, LAUNDRY, THINGS OF THAT NATURE. UH, THE SECOND MAIN POINT THERE IS THE MEDICATION ASSISTANCE AND OR ADMINISTRATION. UH, I'D LIKE TO TALK A LITTLE BIT ABOUT OUR CENSUS AT PECAN VIEWS. GENERALLY, OUR RESIDENTS ARE 80, 90 YEARS OLD, MANY OF THEM WELL INTO THEIR NINETIES. THESE ARE PEOPLE THAT HAVE AGED OUT OF THEIR HOMES. THEY'RE NO LONGER ABLE TO CARE FOR THEMSELVES, AND THEY'RE NO LONGER DRIVING. THE NEXT SLIDE HERE, UM, WE'RE GONNA TAKE A LOOK AT WHAT THE SAN ANTONIO UNIFIED DEVELOPMENT CODE HAS TO SAY ABOUT ASSISTED LIVINGS. UH, SECTION 35 3 7 6 FOR ASSISTED [00:30:01] LIVINGS, THE PERMITTED USE ASSISTED LIVING FACILITIES, BOARDING HOMES, AND COMMUNITY HOMES SHALL BE A PERMITTED USE PURSUANT TO SECTIONS 35 3 11 AND 35, 3 58 AND SINGLE FAMILY DISTRICTS. THE MAXIMUM NUMBER OF RESIDENTS BY RIGHT SHALL BE SIX. AND THIS IS WHERE I KIND OF LIKE TO BRING YOUR ATTENTION AND THE WHOLE REASON FOR OUR APPLICATION FOR CONDITIONAL USE. A REQUEST FOR REASONABLE ACCOMMODATION TO ACCOMPLISH THE GOALS AND POLICIES OF THE FAIR HOUSING ACT MAY BE AUTHORIZED AS A CONDITIONAL USE PURSUANT TO SECTION 35 4 22 TO ALLOW FROM SEVEN TO NO MORE THAN 16 RESIDENTS. REASONABLE ACCOMMODATION IS ENCOURAGED, OR SUCH ACCOMMODATION MAY BE NECESSARY TO AFFORD PERSONS OR GROUPS OF PERSONS WITH DISABILITIES IN EQUAL OPPORTUNITY TO USE AND ENJOY HOUSING. NOW, MY UNDERSTANDING OF THE CONDITIONAL USE AUTHORIZATION IS THAT ALTHOUGH IT'S NOT PERMITTED, UM, UNDER 35 3 11, THE THE SINGLE FAMILY USE MATRIX, IT CAN BE CONSIDERED AN ADJACENT USE. AND SO THAT'S WHY IT COULD BE APPLICABLE USING A CONDITIONAL USE AUTHORIZATION. NEXT, I HAVE HERE SECTION 35 4 22, WHICH PERTAINS TO CONDITIONAL ZONING. THERE IS A LITTLE BIT MORE OUT OF THIS THAT THOSE ARE GENERAL CONSTRAINTS REGARDING LIGHTING AND THINGS OF THAT NATURE. BUT I PULLED OUT, UM, SECTION HERE THREE, WHICH PERTAINS TO RESIDENTIAL DISTRICTS. AND THE FIRST ONE IS REGARDING SIGNS. THERE SHOULD BE NO EXTERIOR DISPLAY OR SIGN WITH THE EXCEPTION OF A NAME PLATE THAT NOT TO EXCEED THREE SQUARE FEET IN THE AREA MAY BE PERMITTED WHEN ATTACHED TO THE FRONT OF THE MAIN STRUCTURE. WE DON'T HAVE A SIGN, WE DON'T HAVE PLANS TO PUT A SIGN. WE HAVE AN ONLINE PRESENCE. UH, AND IT'S KIND OF A WORD OF MOUTH BUSINESS AT THIS POINT. NEXT POINT IS NO CONSTRUCTION FEATURE SHALL BE PERMITTED, WHICH WOULD PLACE A STRUCTURE OUT OF CHARACTER WITH THE SURROUNDING RESIDENTIAL NEIGHBORHOOD. YOU'LL SEE IN THE NEXT SLIDE WHEN WE GET TO IT, THERE'S A SITE PLAN. YOU'LL SEE THAT WE'VE, UH, ATTEMPTED TO MEET THIS BY RESTRICTING ALL FUTURE IMPROVEMENTS TO THE REAR OF THE BUILDING. SO ESSENTIALLY FROM THE FRONT, YOU WOULD NOT NOTICE, UH, ANYTHING HAD CHANGED. AND THE LAST ONE THERE IS THE, REGARDING BUSINESS HOURS, NOT BEFORE 7:00 AM AND NOT AFTER 6:00 PM WE HAVE, UH, VISITATION HOURS AND THAT, THAT'S FINE. THEY'RE ALREADY IN LINE WITH THAT. THE NEXT SLIDE HERE IS THE SITE PLAN. YOU'LL SEE HERE THE, UH, WHITE SECTION IS THE EXISTING, THE DARK GRAY SECTION IS THE PROPOSED IMPROVEMENT, WHICH WOULD BE TO THE REAR OF THE PROPERTY. AND THEN YOU'LL SEE THAT, UH, THE CONCRETE PAD OVER THERE IN THE FRONT IS, IS ALSO EXISTING. UM, MY UNDERSTANDING IS WE'LL BE HELD TO THE SIDE PLAN. WE CAN'T JUST CHANGE OUR MIND, MOVE IT TO THE SIDE, MOVE IT TO THE FRONT. UM, THIS IS KIND OF A WORST CASE SCENARIO. AND AGAIN, FROM THE FRONT OF THE HOME, LITTLE TO NO CHANGE WOULD BE VISIBLE. UH, WE ARE WELL WITHIN OUR IMPERVIOUS SURFACE REQUIREMENTS. WE'RE ON 1.11 ACRES. UM, THE IMPROVEMENTS FIT WITHIN THE CITY SETBACKS. AND A LITTLE MORE DETAIL ABOUT THE PROPOSED IMPROVEMENTS. THERE WOULD BE FOUR ADDITIONAL BEDROOMS WITH BATHROOMS, A SECONDARY LIVING AREA FOR RESIDENTS TO MEET WITH THEIR FAMILIES OR LOVED ONES. AND THEN THERE'S SOME SPACE THEY'RE ALLOCATED FOR HALLWAYS AND I THINK A UTILITY CLOSET AS WELL. PARKING, EVERYBODY LOVES TO TALK ABOUT PARKING. OUR CURRENT REQUIREMENT IS FOR SIX BEDS IS, UH, TWO PARKING SPACES ON THE NEXT SLIDE PLEASE. UM, AND THEN THE PROPOSED REQUIREMENT FOR 10 BED WOULD BE FIVE SPACES. WE CURRENTLY HAVE SEVEN SPACES ON SITE, SO OUR CURRENT SITUATION IS SUFFICIENT TO ACCOMMODATE THIS REQUIREMENT. AND THE TABLE HERE, UH, ON THE LOWER HALF OF THE SLIDE IS FROM 5 26 3 A. THAT IS ALSO FROM THE U D C. AND IT JUST SHOWS IN A LITTLE MORE DETAIL WHERE, WHERE THESE NUMBERS COME FROM. I'D LIKE TO MAKE A NOTE THAT THERE IS A MAXIMUM, UH, AS WELL. SO WE CAN'T JUST GO AND PAVE HALF AN ACRE OF CONCRETE IN FRONT OF OUR HOUSE EVEN IF WE WANTED TO. THE NEXT SLIDE HERE IS, UH, REGARDING TRAFFIC. WE WORKED WITH A LOCAL PROFESSIONAL ENGINEERING FIRM. HE FOUND THAT OUR CURRENT LOAD AT PEAK HOURS IS TWO CARS. THE PROPOSED LOAD, UH, WITH 10 RESIDENTS WOULD BE THREE CARS. SO WE'D EFFECTIVELY BE ADDING ONE CAR AT OUR PEAK USAGE HOURS. UH, AND I JUST WANNA MAKE A NOTE FOR, UH, ANY COMMISSIONERS THAT MAY NOT BE FAMILIAR WITH THE AREA. THERE'S A DRIVING RANGE, FIVE LOTS AWAY FROM MY PROPERTY, AND THAT'S ALREADY DRAWING IN, UH, A TON MORE TRAFFIC THAN WE WOULD WE WOULD HAVE. UH, AND I'D LIKE TO MAKE A NOTE. COMMISSIONER S SIPES AGREED TRAFFIC IS NOT A CONCERN IN THIS ISSUE AT THE LAST MEETING. UM, THE LAST SLIDE HERE, IS THERE A NEED? OUR POPULATION IS AGING. EVERYONE KNOWS ABOUT THE BABY BOOMERS. THEY'RE COMING, THEY'RE GETTING OLDER, RIGHT? THEY'RE BORN FROM 1946 TO 1964. UM, BY 2030 74 MILLION BABY BOOMERS WILL BE AGE 65 OR OLDER. THE MOST SENIOR AMONG THEM WILL BE WELL INTO THEIR EIGHTIES. THE AVERAGE AGE FOR SOMEBODY NEEDING ASSISTANCE WITH ASSISTED LIVING IS 83 YEARS OLD. AND WE FIND THAT TO BE CONSISTENT WITH OUR CENSUS. I THOUGHT THIS NEXT POINT WAS KIND OF INTERESTING JUST FOR GENERAL INFORMATION. BY 2025, WHICH IS THREE YEARS AWAY, THE NUMBER OF SENIORS, 65 MILLION IS EXPECTED TO SPOUSE. THAT OF CHILDREN AGE 13 AND UNDER 58 MILLION FOR THE FIRST TIME IN US HISTORY. THAT'S ACCORDING TO THE CENSUS BUREAU. SO FOR THE FIRST TIME IN HISTORY, WE'RE GONNA HAVE MORE OLDER PEOPLE IN OUR SOCIETY THAN WE DO YOUNGER PEOPLE. [00:35:02] AND FINALLY, THERE IS A NEED FOR ASSISTED LIVING FACILITIES LIKE OURS THAT MODEL A HOME LIKE ENVIRONMENT IN A RESIDENTIAL SETTING. THIS MODELED AFTER THE EDEN ALTERNATIVE CREATED BY GERIATRICIAN, DR. BILL THOMAS. UH, HE ADVOCATES FOR A HOME-LIKE SETTING. AND THIS IS ESPECIALLY BENEFICIAL FOR DEMENTIA RESIDENTS WHERE THERE'S FEWER THINGS GOING ON. THE SETTING IS SMALLER AND, UH, THEY SEEM TO BENEFIT THE MOST FROM IT. THEY'VE ALSO FOUND THAT SMALL AGGREGATE SETTINGS OF 10 OR FEWER IS KIND OF THE, THE SWEET SPOT FOR SOCIAL SETTINGS AS WELL AS, UH, ENABLING US TO MAINTAIN A HIGH STAFF TO RESIDENT RATIO. AND FINALLY, MY MY FINAL POINT HERE IS OFTEN WE HAVE RESIDENTS THAT ARE FROM THE SURROUNDING AREA. WE HAVE, UM, A GENTLEMAN FROM THE ALAMO FARMSTEAD AREA. WE HAVE A LADY WHO IS FROM OAKLAND ESTATES. THESE ARE PEOPLE THAT HAVE GROWN OUT OF THEIR HOMES AND THEY'RE FROM OUR COMMUNITY AND THEY CAN NO LONGER LIVE ON THEIR OWN. SO NOW THEY'RE LOOKING FOR AN ALTERNATIVE WHERE THEY CAN KIND OF BE AROUND WHERE THEY GREW UP, UM, BUT WITH MORE ASSISTANCE BECAUSE THEY CAN'T, THEY CAN'T BE ON THEIR OWN ANYMORE. AND THEN SOMETIMES, UM, THERE ARE FAMILIES THAT LIVE IN THE AREA, SO IT'S NICE FOR THEM TO BE ABLE TO HAVE A SHORT DRIVE TO VISIT THEIR PARENTS OR THEIR LOVED ONES. THAT'S ALL I HAVE FOR YOU. THANK YOU. CHAIR. BEFORE WE START, I JUST WANNA, UH, TEST COMMISSIONER, UH, MCDANIELS AUDIO. SO ONLY UN UNMUTE YOUR PHONE AND THEN TEST YOUR AUDIO. CAN YOU HEAR ME NOW? YES, WE CAN. THANK YOU. THERE WE GO. WONDERFUL. ALL RIGHT. ALRIGHT. THANK YOU MR. GC, UM, STAFF, DO WE HAVE PUBLIC COMMENT ON ITEM NUMBER ONE? THERE ARE NUMEROUS PHILLIP MANNA FOLLOWED BY THOMAS FELL HOPPER. ARE WE DOING, UM, ALRIGHT, UH, MR. MANA, YOU'RE GIVING YOUR TIME TO ALMA AND I WOULD LIKE TO GIVE MY TIME. OKAY. OKAY. SORRY. LET, WOULD YOU, SO MR. MANA WAS THE FIRST ONE AND YOU SIR? YEAH. WHAT IS YOUR NAME? ARE AND HE'S, HE'S YIELDING HIS TIME TO PHILIP? NO, TO ALMA. WELL, WE NEED TO, BUT WE'RE GONNA, WE'RE GONNA CALL YOU UP. NEED WE WHEN IT'S YOUR TURN, BUT WE'RE GONNA CALL. OKAY. MR. MANA HAS YIELDED HIS TIME TO ALMA. GOT IT. SO WE WILL MOVE ON TO THE NEXT PERSON. AFTER MR. AL THEN IT WAS THOMAS. THOMAS, PHIL HALER. CAN I GIVE MY TIME TO MY WIFE TERRY? YOU MAY. IS ANYONE ELSE GONNA GIVE TIME TO MS. PHIL HALER? I DON'T THINK I'M EITHER. OKAY, WE'RE GONNA START WITH YOU MS. PHIL HALER, WE'RE GONNA GO IN THE ORDER THAT YOU'RE SIGNED IN, SO YOU'LL HAVE SIX MINUTES IF YOU WOULD INTRODUCE YOURSELF, GIVE US YOUR ADDRESS AND THANK YOU. HELLO, MY NAME IS TERRY BER AND I'M AT MY HUSBAND AND I LIVE AT 69 15 PEMBROKE ROAD FOR MORE THAN 30 YEARS. NOW. WE ARE THE PROPERTY DIRECTLY ACROSS FROM THE PROPOSED ZONING CHANGE AND BELIEVE WE WILL BE HIGHLY IMPACTED BY THE CHANGE IF IT WERE APPROVED. THE FIRST TIME I SPOKE, I SPOKE FROM THE HEART REGARDING THE BEAUTY OF THE NEIGHBORHOOD AND THE DESIRE TO PRESERVE IT. TODAY I'M GONNA SPEAK A LITTLE MORE ABOUT THE FACTS AS I SEE THEM AS MY HUSBAND AND I SEE THEM NOT QUITE YET. ALL RIGHT. SO, UM, THE FACTS AS I SEE THEM, THE FIRST THING I'D LIKE TO DO IS, UM, CITE THAT THE REGULATION THAT IS LOOSELY APPLICABLE, UM, MR. THE APPLICANT, UM, HAVE BUILT HER ARGUMENT ON SECTION THREE FIVE DASH 3 76, THE ASSISTED LIVING FACILITIES, BOARDING HOMES, AND COMMUNITY HOMES. THEY HIGHLIGHT THAT THE REGULATION STATES THAT A REQUEST FOR REASONABLE ACCOMMODATION TO ACCOMPLISH THE GOALS AND POLICIES OF THE FAIR HOUSING ACT, AND THAT SHOULD ALLOW THEM TO EXPAND THEIR FOR-PROFIT BUSINESS. THE FAIR HOUSING ACT ADDRESSES DISCRIMINATION. WHAT PART OF REJECTING THIS ZONING CHANGE IS DISCRIMINATORY. THE APPLICANT IS ATTEMPTING TO APPLY THE FAIR HOUSING ACT TO JUSTIFY INCREASING THEIR BUSINESS FROM SIX TO 10. WE CONTEND THAT BY NOT ALLOWING THIS ZONING CHANGE, NEITHER DISCRIMINATORY PRACTICES OR LACK OF REASONABLE ACCOMMODATIONS ARE OCCURRING. THERE IS NOTHING DISCRIMINATORY ABOUT NOT EVERYONE GETTING TO LIVE IN ALAMO FARMSTEADS. THOSE SEEKING TO BUY IN THE NEIGHBORHOOD HAVE TO WAIT UNTIL THERE IS A PROPERTY FOR SALE. THIS IS NOT DISCRIMINATION. CHANGING THE ZONING TO ALLOW FOR ADDITIONAL RESIDENTS USING AN ARGUMENT OF DISCRIMINATION OR REASONABLE ACCOMMODATION COULD BE COMPARED TO US REQUESTING CHANGES TO PARCEL OUT OUR PROPERTY TO ACCOMMODATE OTHERS WHO WANT TO BUY PROPERTY IN THE AREA. WE RUN INTO THE SAME CONCERN, HIGHER DENSITY, AND THE ACCOMMODATION DOES NOT FIT THE NEIGHBORHOOD. THOSE WHO WANT TO REMAIN IN THE NEIGHBORHOOD MAY HAVE TO DO WHAT THE OTHERS DO, AND LET'S WAIT UNTIL THERE IS AVAILABILITY. NEXT SLIDE PLEASE. SPEAKING [00:40:01] OF AVAILABILITY, UM, JUST A SIMPLE GOOGLE SEARCH SHOWS US THAT THERE'S CONSIDERABLE, UH, FACILITIES IN THE AREA. UM, I JUST COUNTED SIX WITHOUT COUNTING THOSE THAT WERE ON PEMBROKE ROAD. UM, SO PECAN VIEW CAN'T BE THE ONLY SAFE AREA OR SAFE PLACE FOR OUR ELDERLY, UH, FAMILY MEMBERS. THESE FACILITIES ALL HAVE THE SAME SET OF REGULATORY REQUIREMENTS. SO THERE ARE OTHER CHOICES. MY SECOND POINT IS THAT THE ZONING CHANGE IS TOO DENSE FOR THE NEIGHBORHOOD AS PRESENTED BY THE ZONING STAFF. ASSISTED LIVING FACILITIES WITH MORE THAN SIX RESIDENTS ARE IN COMMERCIAL AND MULTI-FAMILY AREAS. IT IS NOT IMPRO, IT IS NOT APPROPRIATE FOR AN INTERIOR LOT GREATER THAN SIX RESIDENTS. CREATES A DENSITY THAT IS NOT APPROPRIATE FOR THE NEIGHBORHOOD. AGAIN, THIS IS THE RECOMMENDATION FROM THE ZONING STAFF. DO I HAVE TWO MINUTES OR DO I HAVE SIX? UH, DID I GET SIX MINUTES? SIX? YEAH. OKAY. I GUESS I BETTER FLY HERE. LET'S GO TO SLIDE NUMBER THREE. THIS IS THE, THIS IS THE ASSISTED LIVING FACILITY THAT'S UP THE STREET FROM US. IT LOOKS LIKE A RESIDENCE. YOU CAN'T, YOU WOULD NEVER KNOW. SLIDE NUMBER FOUR. NUMBER FOUR. UM, THIS IS WHAT THE APPLICANT'S PROPERTY LOOKS LIKE. IT LOOKS LIKE A BUSINESS. THERE'S A LOT OF CEMENT. THERE IS A, UH, PARKING LOT, WHAT I WOULD CALL A PARKING LOT. AND THEN THE NEXT SLIDE, THIS IS WHAT THEIR RESIDENCE LOOKS LIKE AT FIVE 30 IN THE MORNING WHEN I'M WALKING MY DOG. THERE'S FOUR CARS THERE AND A LOT OF LIGHT. NEXT SLIDE. THIS WAS, UM, THIS IS A HARD ONE TO SEE. THERE'S SIX CARS IN THE PARKING LOT OR THE PARKING AREA. THERE'S ALSO A CAR PARKED ON THE STREET. AND NOTICE THAT IT'S NOT ON THE GRASS, IT IS IN THE STREET. AND THIS IS A KIND OF A SMALL, NARROW STREET AND IT, UM, MAKES IT DIFFICULT TO GET AROUND. IT'S PART OF THE BEAUTY OF THE, THE NEIGHBORHOOD IS THAT NO ONE PARKS ON THE STREETS. SO AGAIN, THAT HIGHER DENSITY WILL PROBABLY CHANGE THAT. OKAY, MY NEXT THING THEN IS THE SQUARE FOOTAGE IS OUT OF CHARACTER. SLIDE NUMBER SEVEN, PLEASE. OKAY, SO THIS IS THE, THE PROPERTY ON THE RIGHT IS THE, UH, APPLICANT'S PROPERTY. AND THIS WAS BEFORE, UH, THEY PUT IN A DRIVEWAY AND THE PARKING AREA. SO YOU CAN SEE THAT IT'S CONSIDERABLY LARGER THAN THE PROPERTY TO THE LEFT OF IT. NEXT SLIDE. NOW YOU CAN SEE THAT THIS IS THE SAME PROPERTY WITH TWO OF THOSE RESIDENCES ON EITHER SIDE OF THEM. THOSE TWO ON THE OTHER SIDE, IT'S MISLEADING BECAUSE THE ONE ON THE LEFT HAS A TWO CAR GARAGE. THE ONE ON THE RIGHT HAS A THREE CARPORT AREA. SO EVEN THOUGH WE'RE LOOKING AT A ROOF LINE, IT'S MISLEADING. THE LIVING AREA IS CONSIDERABLY LESS. NEXT SLIDE. OH, SO I TOOK THE LIBERTY OF DRAWING IN WHAT THEIR, UH, CEMENT LOOKS LIKE ON TOP OF WHAT IT WAS. SO, OKAY, SO THIS IS THE PROPOSED PLAN. YOU CAN SEE THAT THERE ARE PROPOSING 26 MORE THAN 2,600 FEET. I APOLOGIZE TO THOSE OF YOU WHO MY HUSBAND SENT AN EMAIL TO. HE SAID 2000. HIS EYES ARE NOT TOO GOOD. HE COULDN'T READ THE, THE ACTUAL DOCUMENT, BUT IT'S OVER 2,600 FEET AND I USE 2,600 AS MY MEASUREMENT FOR THE NEXT SLIDE. THESE ARE FROM BEXAR COUNTY, AND YOU CAN SEE THAT THEIR PROPERTY IS ALREADY ONE OF THE LARGEST. IF YOU LOOK AT THE BOTTOM, IF WE PUT THE 2,600 ON THERE, WE'VE GOT OVER 7,000 SQUARE FEET. THANK YOU. THANK YOU. THANK YOU, SUSAN. YOURS FOLLOWED BY JAMES. YOURS, UH, YIELD MY TIME TO MY WIFE. ALRIGHT, MR. YOURS IS YIELDING HIS TIME TO MS. YOURS. MS. YOURS, YOU WILL HAVE SIX MINUTES UNDER SUE. YEAH. UM, NO. PARDON? DID YOU SEND IN AN APPLI, LIKE A PRESENTATION? UH, YEAH. THEY GAVE YOU A PRESENTATION FOR FOCUS. IS IT? SO IS IT THIS ONE? NO, IT SHOULD LOOK LIKE THIS. YES, MS. YOURS? WE CAN, WE CAN PROJECT [00:45:01] THAT IF YOU HAVE, IF MS. YOURS, IF YOU HAVE A PHYSICAL COPY, WE CAN PROJECT IT DIRECTLY OVER HERE. THEY GOT IT. OKAY. BROUGHT IT ALONG. OKAY, COMMISSIONERS. I, I AM HERE TODAY, UM, SPEAKING IN CASE NUMBER ENDING IN 3 5 0. MY NAME IS SUSAN EWERS AND I AM AN A F B R N A BOARD MEMBER. MY ADDRESS IS H 5 2 5 ROCHELLE ROAD. I AM IN OPPOSITION OF THIS ZONING CHANGE BECAUSE I BELIEVE THERE IS NOT A PRESSING NEED FOR ADDITIONAL ASSISTED LIVING BEDS IN THIS AREA. I REACHED THIS CONCLUSION BY SEARCHING FOR RESIDENTIAL ASSISTED LIVING FACILITIES IN THE ZIP CODE WITHIN A THREE TO FOUR MILE RADIUS OF THE PECAN VIEWS FACILITY. WITHIN THIS RADIUS, THERE ARE 32 RESIDENTIAL ASSISTED LIVING FACILITIES. 27 OF THEM PROVIDED INFORMATION ON THE NUMBER OF BEDS IN THEIR FACILITIES, AND FIVE DID NOT. THE TOTAL NUMBER OF BEDS FOR THIS GROUP IS 240. WITHIN THE SAME SEARCH AREA, WE FOUND 15 COMMERCIAL ASSISTED LIVING FACILITIES. 13 OF THEM WERE CONTACTED AND PROVIDED INFORMATION ON THE NUMBER OF ASSISTED LIVING BEDS IN THEIR FACILITIES. WHEN ASKED THE REMAINING TWO FACILITIES WERE NOT CONTACTED. THE TOTAL NUMBER OF ASSISTED LIVING BEDS FOR THE 13 FACILITIES IS 666. OKAY. UM, AND IT SHOULD BE NOTED THAT IT CAME TO OUR ATTENTION THAT THERE IS YET ANOTHER LAYER OF RESIDENTIAL ASSISTED LIVING FACILITIES IN OUR SEARCH AREA. THOSE THAT HAVE THREE OR FEWER BEDS, WE DO NOT KNOW HOW MANY OF THEM THERE ARE, BUT THEY ARE ADDED TO THE COMPLEMENT OF ASSISTED LIVING SERVICES IN OUR AREA. WE ARE AWARE THAT THESE SMALLER FACILITIES EXIST AND DO NOT HAVE TO BE LICENSED BY THE STATE. THEY APPEAR TO USE WORD OF MOUTH TO FILL THEIR BEDS AND GO UNNOTICED UNTIL THEY WANT TO ADD ENOUGH BEDS TO REQUIRE A STATE LICENSE. THEY MAY HAVE CHOSEN THIS APPROACH TO BUILD THEIR BUSINESS MUCH LIKE PECAN VIEWS DID. THE PECAN VIEWS HAD THREE BEDS FOR APPROXIMATELY TWO YEARS BEFORE THEY ADDED MORE BEDS TO MAKE SIX. BASED ON THE INFORMATION GATHERED, THERE ARE CURRENTLY 906 ASSISTED LIVING BEDS IN THIS AREA, PLUS ADDITIONAL BEDS THAT ARE IN THE THREE AND UNDER FACILITIES. UM, WE DO NOT KNOW HOW MANY BEDS ARE FULL EACH DAY, BUT WE KNOW WHAT THE NUMBER THAT CHANGE. WE KNOW IT IS A NUMBER THAT CHANGES DAILY. I INQUIRED ABOUT THE PERCENTAGE OF OCCUPANCY OF SOME OF THE COMMERCIAL FACILITIES AND GOT ONE. IT INDICATED IT WAS USUALLY FULL ANOTHER AT 95% AND ANOTHER 72%. THIS WOULD INDICATE THAT THERE IS ROOM AVAILABLE FOR NEW RESIDENTS. YOU CAN SHOW THIS ONE PLEASE. THE NEXT SLIDE IS IN THE HE EARLY LEON CREEK COMMUNITY PLAN. THERE, THE, THE YELLOW DOTS JUST A LITTLE NERVOUS. UM, THE YELLOW DOTS ON, ON THE MAP ARE THE RESIDENTIAL CARE FACILITIES AND THE PURPLE DOTS ARE THE, UH, COMMERCIAL FACILITIES. THEN YOU CAN SHOW THE NEXT ONE. THE NEXT ONE SHOWS THE ASSISTED LIVING FACILITIES WITHIN FIVE MILES. YOU CAN SEE THAT THERE ARE QUITE A FEW OF THEM. IN CONCLUSION, THE APPLICANTS HAVE USED THE ARGUMENT IN ACCORDANCE WITH REASONABLE ACCOMMODATION THAT THEY ARE LEGALLY ALLOWED TO EXPAND THEIR BUSINESS. THE GATHERED DATA INDICATES THAT THERE ARE ALREADY PLENTY OF ACCOMMODATIONS AVAILABLE FOR ASSISTED LIVING RESIDENTS IN OR NEAR OUR COMMUNITY. AND THE EXPANSION OF THIS FACILITY IS NOT NECESSARY. ALLOWING IT TO EXPAND WILL NOT ENHANCE THE SERVICES ALREADY AVAILABLE HERE, BUT IT WILL CHANGE THE ZONING AND OUR NEIGHBORHOOD FOREVER. THANK YOU FOR YOUR TIME. THANK YOU. MS. RIS. DOUG STRINGER. HI, I AM DOUG STRINGER, 88 23 LOST WOODS, UH, 1.4 MILES AWAY FROM THE, UH, PROPERTY. UH, IN QUESTION, UM, CHAIRMAN BUSTAMANTE ESTEEMED COMMISSIONERS, UH, THANK YOU FOR YOUR DILIGENCE AFTER BEING CALLED OUT BY NAME, SPECIFICALLY BY THE GOOD CHAIRMAN LAST TIME [00:50:01] YOU KNEW I WOULD BE HERE. AND I'D LIKE TO SPEAK A LITTLE BIT ABOUT SOMETHING THAT'S, THAT'S MISSING, UH, IN OUR PREVIOUS MEETING. AND AGAIN, TODAY, JUST, JUST THE LADY BEFORE ME, UH, WE'RE TALKING A LOT ABOUT THE ALAMO FARMSTEAD MICROCOSM AND, AND IN THE AREA AROUND THAT. AND THERE CLAIMS THAT WITH THE PECAN VIEWS ON PEMBROKE ROAD, ANOTHER SIX BED FACILITY JUST DOWN THE STREET, AND NOW A NEW 16 BED FACILITY ON HOLLYHOCK, THERE ARE ENOUGH ASSISTED LIVING FACILITIES IN THE IMMEDIATE AREA. HOWEVER, THEY'RE ONLY TALKING ABOUT THE SUPPLY SIDE OF THE EQUATION. WHAT THEY DO NOT APPEAR TO KNOW AND HAVE NOT EVEN TANGENTIALLY ADDRESSED IS THE DEMAND SIDE OF THE ASSISTED LIVING BUSINESS. I HAVE HERE, UH, IT'S A REPORT. IT'S CALLED THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION ANNUAL REPORT REGARDING LONG-TERM CARE. UH, IT'S FROM FISCAL YEAR 2020 AND IT WAS SUBMITTED TO THE TEXAS LEGISLATURE ON MARCH 1ST, 2021. SO, UH, EXACTLY A YEAR AGO TODAY. SO THE NEW ONE IS COMING OUT TODAY, SHOULD BE UPLOADED UH, SHORTLY. UM, PART OF THE PURPOSE OF THE REPORT, UH, THAT THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, UH, IS ENGAGED IN IS LOOKING AT, UH, THE NUMBER OF, UH, NURSING FACILITIES, TRUE NURSING HOME KIND OF FACILITIES ARE, ARE AT 1,220 RIGHT NOW, OR AS, AS OF THE, THE REPORT, UH, A YEAR AGO. SO, UM, FURTHER INTO THE REPORT, ACCORDING TO THE US CENSUS BUREAU IN 2018, THERE WERE AN ESTIMATED 3.5 MILLION PEOPLE IN TEXAS AGE 65 AND OLDER. THIS GROUP IS ONE OF THE FASTEST GROWING POPULATIONS IN TEXAS. BY 2050, THIS GROUP IS EXPECTED TO GROW TO MORE THAN 15 MILLION. SO IN LESS THAN 30 YEARS, UH, IT'S GOING FROM 3.5 MILLION TO 15 MILLION. IN TEXAS, THE GROWTH OF THE AGING POPULATION AND INCREASED LONGEVITY WILL MEAN A MARKET INCREASE IN THE NUMBER OF PEOPLE AGE 85 AND OLDER. IN 2010, THE POPULATION OF AGE 85 AND OLDER WAS 305,000. BY THE SAME 2050, THIS POPULATION IS EXPECTED TO INCREASE, TO, UH, INCREASE MORE THAN 400% TO 1.6 MILLION PEOPLE. 3 0 5 TO 1.6 MILLION PEOPLE. THE SEGMENT OF THIS POPULATION INCREASES 1.2 TO 2.8, AND AS DANIEL MENTIONED, UH, WE'RE GONNA HAVE MORE OLD PEOPLE THAN YOUNG PEOPLE, UH, IN THE STATES. SO, UM, REALLY, IT, IT JUST, UM, I'LL PASS ON THAT. IT, IT COMES DOWN TO HAVE, HAVE YOU EVER TAKEN A, A RIDE ON 1604, THE NORTH PART, UH, BETWEEN I 10 AND 2 81 DURING RUSH HOUR AND THOUGHT TO YOURSELF THERE'S NOT ENOUGH LENGTHS. THAT'S WHAT'S COMING IN THAT IN THE SENIOR HEALTHCARE BUSINESS. THANK YOU, MR. STRINGER. THANK YOU. CHERYL. LAURIE FOLLOWED BY TODD LAURIE. MS. MS. LAURIE. MR. LAURIE, ARE YOU GIVING, UH, JOE MARTINEZ GIVING MY TIME TO CHERYL. ALRIGHT. JOE MARTINEZ IS GIVING HIS TIME TO MS. LORI. MS. LORI, HAS ANYONE ELSE GIVING YOU TIME? NO, MA'AM. YOU'LL HAVE SIX MINUTES IF YOU'D INTRODUCE YOURSELF AND GIVE US YOUR ADDRESS AND THEN TELL US YOUR POSITION. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS CHERYL LORI. I RESIDED AT 6,800 PEMBROKE ROAD FOR THE PAST 18 YEARS AND STILL CURRENTLY DO I ALSO SERVE ON THE BOARD OF THE ALAMO FARMSTEADS BABCOCK ROAD NEIGHBORHOOD ASSOCIATION BOARD. I'M HERE TODAY TO SPEAK IN OPPOSITION TO THE ZONING CASE ENDING IN 3 5 0, AS WAS PREVIOUSLY STATED. UM, THE INFORMATION ABOUT, UH, REASONABLE ACCOMMODATION AND THE NEED FOR THE EXPANSION OF THE SAID THE APPLICANT'S PROPERTY. UM, THE APPLICANTS HAVE USED THAT ARGUMENT IN ACCORDANCE WITH SECTION 35 3 76 THAT THEY ARE LEGALLY ALLOWED TO EXPAND THEIR BUSINESS. HOWEVER, AS SHOWN BY A PREVIOUS SPEAKER, EVIDENCE SHOWS THAT NOT TO BE THE CASE. RECENT CALLS TO EACH OF THESE ASSISTED LIVINGS SHOW MANY VACANCIES EXIST AT ANY TIME. REASONABLE ACCOMMODATION IS BEING PROVIDED TO THE ELDERLY. IN 2003, THE HEBNER LEON CREEK'S COMMUNITY PLAN WAS ADOPTED INTO THE CITY OF SAN ANTONIO'S MASTER PLAN AND LATER UPDATED IN 2009. IN THIS PLAN, IT STATES THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT WILL REFERENCE THE LAND USE PLAN AS A GUIDE FOR DEVELOPING STAFF RECOMMENDATIONS FOR INDIVIDUAL ZONING CASES WITHIN THE PLANNED BOUNDARIES, WHICH WAS STU THE [00:55:01] LOCATION AND THE REASON FOR THE STAFF DENIAL, ALONG WITH OTHER, OTHER, UH, CRITERIA, THE LOCATION OF THE APPLICANT'S BUSINESS PECAN VIEW SENIOR CARE ON PEMBROKE ROAD CONFLICTS WITH THE HE LEON CREEK'S COMMUNITY PLAN WHERE ONE OF THE GOALS OF THE PLAN IS TO PROTECT THE EXISTING LARGE ESTATE LOTS. THIS MAP, UM, THERE'S A MAP , THERE'S A FILE. YES. THIS MAP, WHICH IS INCLUDED IN THE PLAN AND SEEN HERE, SHOWS HOW THE LOW DENSITY RESIDENTIAL LOTS IN LIGHT GREEN ARE LOCATED IN THE INTERIOR OF THE PLAN'S GEOGRAPHIC AREA. THE PLAN EXPLAINS HOW LARGER MULTI-FAMILY MEDIUM TO HIGH DENSITY SHOWN IN BRIGHTER YELLOW AND COMMERCIAL LOTS IN THE RED SHADES ARE TO SIT AT THE PERIMETER NEAR ARTERIAL ROADS. THE RED SQUARE IN THIS MAP, WHICH YOU CAN, UM, IT'S A LITTLE SQUARE IN THE GREEN AREA THAT CLEARLY SHOWS THE, UM, APPLICANT'S PROPERTY. IT IS CLEARLY IN THE HEART OF A RESIDENTIAL COMMUNITY. WHAT HAS HAPPENED IN THIS PARTICULAR CASE COMMISSIONERS, IS THAT THESE APPLICANTS HAVE MADE A BUSINESS DECISION TO PURCHASE PROPERTY FOR THEIR BUSINESS IN THE MIDDLE OF A RESIDENTIAL BLOCK, WHICH CONFLICTS WITH THE STATED GOALS AND INTENT OF OUR COMMUNITY PLAN. APPLICANTS SHOULD HAVE PURCHASED THEIR PROPERTY AT AN ARTERIAL ROAD AND NOT CHOSEN TO RUN THEIR BUSINESS IN THE MIDDLE OF A RESIDENTIAL BLOCK. AS HAS BEEN MENTIONED BEFORE, THE APPLICANTS DID NOT DO THEIR DUE DILIGENCE WHEN STARTING THEIR ASSISTED LIVING FACILITY BUSINESS. THIS WAS MENTIONED AT THE FIRST MEETING AND REITERATED BY ONE OF THE COMMISSIONERS THEMSELVES. THE APPLICANT STATED THEY'RE DOING OUR COMMUNITY A FAVOR BY PURCHASING A DISTRESSED PROPERTY AND FIXING IT UP. IN REALITY, A DISTRESSED PROPERTY MADE IT MORE POSSIBLE TO IMPLEMENT THEIR PREFERRED BUSINESS MODEL. APPLICANTS ADMITTED IN A RECENT COMMUNITY MEETING THAT THEY'VE BEEN INVOLVED IN THE ASSISTED LIVING FACILITY BUSINESS LONG BEFORE PURCHASING THIS PROPERTY. IN FACT, ONE OF THE APPLICANTS SAID THEY GREW UP IN THE ASSISTED LIVING FACILITY INDUSTRY. RECORDS SHOW THAT AT LEAST THREE OF THE APPLICANT'S OTHER FAMILY MEMBERS CURRENTLY OWN ADVERTISE ASSISTED LIVING FACILITIES WITHIN SAN ANTONIO. THE APPLICANTS DID PURCHASE THE PROPERTY WITH EVERY INTENTION TO RUN A BUSINESS. THE APPLICANTS HAD KNOWLEDGE WHEN THEY PURCHASED THEIR PROPERTY THAT THE BUSINESSES THEY WERE GONNA RUN WAS RIGHT IN THE MIDDLE OF A RESIDENTIAL BLOCK. FOR ALL THAT I STATED, I RESPECTFULLY AND REQUEST THAT THE COMMISSIONER'S PRESENT TODAY, NOT VOTE IN FAVOR OF THIS REZONING REQUEST. THANK YOU FOR YOUR TIME. TODD LAURIE, FOLLOWED BY WILLIAM NOBLE. THANK YOU MS. LAURIE. MR. LAURIE. GOOD AFTERNOON LADIES AND GENTLEMEN OF THE COMMISSION. MY NAME IS TODD LAW. I LIVE ON 6,800 PEMBROKE ROAD. I'VE BEEN A RESIDENT OF ALAMO FARMSTEADS FOR 27 YEARS OF MY LIFE AND SINCE 2004, ALSO A PROPERTY OWNER. TODAY I WILL BE ACTING AS THE VOICE IN OPPOSITION FOR JUST A SAMPLE OF MY NEIGHBORS BY SUMMARIZING KEY PARTS FROM EMAILS SUBMITTED, WHICH ARE ALREADY A PART OF THE CITY'S RECORDS. MR. RA LAED LIVES AT 59 75 LOCKHILL AND IS THE LAND USE ATTORNEY FOR OAKLAND ESTATES. IN SUMMARY, HE HAS FIRSTHAND KNOWLEDGE OF THE ADVERSE IM IMPACTS. THESE FACILITIES HAVE WITHIN ESTABLISHED NEIGHBORHOODS BECAUSE OF THE ASSISTED LIVING FACILITY ON VERINA ROAD WITHIN OAKLAND OAKLAND ESTATES. THE FACILITY ON VERINA ROAD IS UNDER COMMON OWNERSHIP WITH THE SUBJECT SUBJECT PROPERTY ON PEMBROKE OAKLAND ESTATES HAS EXPERIENCED TRAFFIC, PARKING, AND COMPLIANCE ISSUES. MR. LAIT IS IN STRONG OPPOSITION TO THE ZONING CHANGE. MS. SYLVIA LONGORIA OF 66 31 PEMBROKE LIVES RIGHT NEXT DOOR TO THE OTHER ASSISTED LIVING FACILITY ON PEMBROKE. IN SUMMARY, SHE AND HER FAMILY HAVE PERSONALLY EXPERIENCED UNSETTLING SITUATIONS, INCLUDING AN INCIDENT WHERE A RIDESHARE DRIVER ATTEMPTED TO DROP OFF AN ELDERLY WOMAN AT MS. LONGORIA'S HOME. IT WAS NEAR DARK AND HER SON ANSWERED KNOCKING AT THE DOOR TO FIND A CONFUSED ELDERLY WOMAN AND A DRIVER HAD WHO DID NOT KNOW WHERE TO RETURN THE WOMAN. IT WAS AN EVENT THAT WAS UNSAFE AND SCARY FOR ALL, INCLUDING THE [01:00:01] WOMAN. ADDITIONALLY, IN THE PAST FEW YEARS, THERE HAVE BEEN NUMEROUS E M S AMBULANCE AND FIRE TRUCKS CALLED TO THE HOUSE. MS. LONGORIA EMPHASIZES SHE BOUGHT HER HOME TO RAISE A FAMILY AND DOES NOT WANT A COMMERCIAL BUSINESS RIGHT NEXT DOOR. MS. LONGORIA IS IN TOTAL OPPOSITION TO THIS CHANGE. MS. CARINA KING IS THE H O A PRESIDENT OF VERDE HILLS SUBDIVISION. IN SUMMARY, MS. KING'S H O A JUST WENT THROUGH THE SAME EXPERIENCE AND IMPOSED A ZONING CHANGE FOR HER NEIGHBORHOOD. SHE BELIEVES OUR NEIGHBORHOODS ARE SIMILAR AND THE REASON WHY PEOPLE MOVE TO OUR KIND OF NEIGHBORHOOD IS BECAUSE THEY WANT TO FEEL LIKE THEY ARE IN THE COUNTRY WHILE STILL LIVING IN THE CITY. MS. KING BELIEVES OUR NEIGHBORHOOD SHOULD BE KEPT RESIDENTIAL. MS. KING IS IN COMPLETE OPPOSITION TO THE ZONING CHANGE. MS. MAYFIELD LIVES ON 68 29 STONY KIRK. IN SUMMARY, SHE BOUGHT THE HOME SHE GREW UP IN AND ALSO PURCHASED HER ELDERLY NEIGHBOR'S HOME WHOM SHE'S KNOWN FOR 50 PLUS YEARS IN AN EFFORT TO PRESERVE THE HOME. ADDITIONALLY, HER SON INTENDS ON PURCHASING THE LOT THAT BACKS UP TO COUNTRY VIEW FROM HER TO CONTINUE THE NATURAL FEEL. SHE HAS INVESTED IN THREE PROPERTIES TO MAINTAIN THE COUNTRY. FEEL MS. MAYFIELD BEGS YOU TO NOT INCREASE THE BED CAPACITY AND CONTINUE THE NATURAL FEEL OF THE AREA. SHE WORRIES THE CHANGE WILL ALLOW OTHERS TO INCREASE CAPACITY AS WELL IN OUR AREA. MS. MAYFIELD OPPOSES THE ZONING CHANGE. THE AMMO FARM SAYS RESIDENTS ASK THE ZONING BOARD TO RESPECT THEIR USE AND ENJOYMENT OF THEIR HOMES AS RESIDENTS, AS RESIDENCES, AND FOLLOW THE NEIGHBORHOOD PLAN ON WHICH THEY RELY BY DENYING THE APPLICANT'S ZONING REQUESTS AND TO STOP THE COMMERCIALIZATION OF OUR RESIDENTIAL NEIGHBORHOODS. THANK YOU. THANK YOU, MR. LORI. WILLIAM NOBLE, FOLLOWED BY STAN DODD. MR. NOBLE TIME TO MICHELLE NOBLE. ALRIGHT, MR. NOBLE'S. YIELDING IS TIME TO MS. NOBLE. UH, MR. MS. NOBLE, WE'RE NOT QUITE READY FOR YOU YET. YET. UH, MR. DODD IS NEXT. MS. FLORES, DO WE FIND MS. NOBLE? OKAY. YEAH. YES SIR. BUT SHE'S NOT UP YET, CORRECT? NOT YET. NO. IT'S MR. DODD. MR. DODD. OKAY. HOW YOU DOING STAND DODD? I LIVE AT 6 7 0 2 WHITBY ROAD. I'M ON THE FAR AWAY FROM THESE PEOPLE AS YOU CAN GET YET. I HAVE A ISSUE. I HAVE 60 PLUS BUSES FROM VIA EVERY DAY DRIVING UP AND DOWN A ROAD OR ACTUALLY ONE WAY, THERE'S A DAYCARE CENTER THERE FOR ADULTS. IT STARTED OUT AS A CHILDCARE CENTER. I UNDERSTAND. LONG BEFORE I EVER MOVED THERE. THEY CHANGED IT TO THAT. AND NOW EVERY DAY I GET TO SEE BUSES LEAVING THE AREA. I GET TO SEE 'EM STOPPING IN FRONT OF MY PROPERTY, OPENING THEIR DOORS, CLEANING THEIR VEHICLES OUT. I DON'T KNOW WHY I HAVE TO SEE THAT WHEN THEIR BUSINESS IS UP THE ROAD. UH, AND IT ALL STARTED BECAUSE THEY CAME TO THE PEOPLE THAT LIVED THERE 40 YEARS AGO AND SAID, HEY, WE'D LIKE TO, UH, REZONE THIS FOR A CHILD DAYCARE CENTER. AND IT'S NOW THE LARGEST ADULT DAYCARE CENTER IN SAN ANTONIO. UH, EXCUSE ME, I CAN'T BREATHE. VERY GOOD. AND IF YOU WANT TO, YOU CAN. UH, OH MY GOODNESS. OH MY. WELL I CAN'T FIX MY PHONE HERE. UH, HERE WE GO. SO I SAT OUT THERE FRIDAY AND THERE'S ON MY PHONE HERE IF Y'ALL WANT TO SEE IT. Y'ALL LET ME KNOW, MR. DOD, YOU CAN GIVE IT TO THEM AND THEY CAN PROJECT IT UP IF YOU'D LIKE. ANYWAYS, SO FRIDAY MORNING LAST WEEK, I JUST SAT OUT THERE IN MY DRIVEWAY, 23 BUSES, THREE OF THEM STOPPED ON THE SIDE OF THE ROAD, OTHER BUSES PASSING BY. OH, THIS IS THE, THIS MORNING WHEN I WENT OUT TO GET MY TRUCK TO LEAVE, UH, THERE WAS A VIA VAN RIGHT THERE PARKED. THERE WERE BUSINESSES UP THE ROAD, NOT AT MY, NOT AT MY YARD. UH, AND THEN IF YOU WATCH IT THERE FOR A LITTLE BIT, YOU'LL SEE 'EM DRIVE RIGHT TO THE STOP SIGN. SO, UH, THAT'S THE STUFF, UH, I HAVE TO PUT UP WITH EVERY DAY. THAT'S THE STUFF THESE PEOPLE DON'T WANNA PUT UP. 'CAUSE IF YOU CHANGE IT NOW LATER ON, MAYBE 40 YEARS FROM NOW, THEY'LL BE DOING THIS HERE. THANK YOU JANET. TRACY. ALRIGHT, MS. TRACY. [01:05:09] GOOD AFTERNOON. CAN I START? YOU MAY. OKAY. NAME AND ADDRESS PLEASE. UH, MY NAME IS JANET KER TRACY, I LIVE AT 66 36 PEMBROKE ROAD. I'M IN OPPOSITION TO THIS ZONING CHANGE. UH, THE ZONING REQUEST IS NOT CONSISTENT WITH THE APPROVED HENER LEON CREEK'S COMMUNITY PLAN, WHICH WAS DEVELOPED BY THE RESIDENTS IN COLLABORATION WITH THE CITY OF SAN ANTONIO IN 2009. THE PLAN WAS CREATED TO PROTECT THE LOW DENSITY RESIDENTIAL ESTATE FEEL AND LAND USE OF OUR COMMUNITY. HOMEOWNERS AND PURCHASERS COUNT ON THIS PLAN BEING HONORED BY THE CITY OF SAN ANTONIO SO THAT THE LARGE LOT SINGLE FAMILY HOME FIELD OF ALAMO FARMSTEADS WILL NOT BE UNDERMINED BY COMMERCIALIZATION AND HIGH DENSITY HOUSING. THE REQUESTED ZONING CHANGE FOR PECAN VIEW ASSISTED LIVING WILL, WOULD CREATE HIGHER DENSITY HOUSING IN THE MIDDLE OF OUR NEIGHBORHOOD, WHICH IS A VIOLATION OF OUR COMMUNITY PLAN. PEMBROKE ROAD IS NOT AN ARTERIAL ROAD. IT IS A LOCAL ROAD WHERE CHILDREN WALK TO SCHOOL. I SEE THEM, IT'S ELDERLY, TAKE THEIR DOGS FOR WALKS UP AND DOWN THIS ROAD. FAMILIES GO BICYCLING TOGETHER ON THEIR OUR ROAD EVERY DAY. MY NEIGHBORS ARE CONCERNED AND LEGITIMATELY SO ABOUT ADDITIONAL NOISE, LIGHTS, TRAFFIC, AND POLLUTION THAT WILL INCREASE DUE TO AN INCREASING GROWING COMMERCIAL BUSINESS ON THE, ON OUR, IN OUR STREET. IF THIS ZONING CHANGE IS APPROVED, IT WILL ENCOURAGE THE DEVELOPMENT OF MORE ASSISTED LIVING FACILITIES THROUGHOUT OUR NEIGHBORHOOD BECAUSE OF THE LARGE LOT AND BECAUSE THIS ZONING CHANGE WOULD SET A PRECEDENCE THAT THESE FACILITIES CAN SUCCESSFULLY APPLY FOR ZONING CHANGES TO EXPAND THE SIZE OF THEIR BUSINESS SO THEY CAN MAKE A BIGGER PROFIT. THE ZONING CHANGE IS CALLED CONDITIONAL, BUT THE CHANGE IS IN FACT PERMANENT. A 13 BEDROOM HOME, THINK ABOUT THAT. A 13 BEDROOM HOME DESIGN FOR AN ASSISTED LIVING FACILITY FOR 10 RESIDENTS. PLUS YOU HAVE THE THREE BEDROOMS THAT WILL BE THERE FOR THE FAMILY ITSELF WHO OWN THE HOME. IT WILL BE SOLD IN THE FUTURE FOR WHAT IT HAS BECOME A PROFIT MAKING BUSINESS. IF THIS ZONING CHANGES APPROVED, IT WILL CREATE A DOMINO EFFECT WITHIN OUR NEIGHBORHOOD. WE WILL BECOME A NEIGHBORHOOD FILLED WITH ASSISTED LIVING FACILITIES. THAT IS OUR BIG CONCERN. I LIVE ON PEMBROKE ROAD. THERE ARE 33 HOMES ON MY STREET AND TWO OF THEM ARE ASSISTED LIVING FACILITIES. THAT MEANS THERE'S A 12 TOTAL BEDS. I APPRECIATE THAT. OUR NEIGHBORHOOD NOW HAS THESE BEDS LOCALLY FOR THE ELDERLY. OKAY. THAT'S JUST ON MY STREET THOUGH. HOWEVER, I AM CLEAR THAT 12 BEDS ON MY STREET IS MORE THAN ENOUGH FOR THE PEOPLE THAT LIVE THERE. SO MY FAMILY WAS, HAS LIVED IN THIS COMMUNITY AND ON THIS STREET SINCE 1972 AND I AM IN OPPOSITION TO THE ZONING CHANGE. THANK YOU. THANK YOU MS. TRACY. AND NEXT IS MICHELLE NOBLE, WHICH I BELIEVE THAT'S SIX MINUTES. MS. NOBLE, YOU HAVE SIX MINUTES. IF YOU'D INTRODUCE YOURSELF, GIVE US YOUR ADDRESS. AFTERNOON. GOOD. MY NAME'S MICHELLE NOBLE. I LIVE AT 69 15 COUNTRY VIEW LANE. I'M A LOCAL LENDER. I'VE BEEN IN THE LENDING AND REAL ESTATE MARKET IN SAN ANTONIO AND SOUTH TEXAS FOR THE LAST 34 YEARS. MY PROPERTY BORDERS THE SUBJECT PROPERTY. I AM IN TOTAL OPPOSITION TO THE CHANGE IN ZONING FOR THAT PROPERTY AS WELL AS MY HUSBAND. AND, AND I'D LIKE TO GO OVER WHY THERE'S NOT A REALTOR OR AN APPRAISER IN THIS MARKET THAT WILL TELL YOU IN WRITING THAT THAT PROPERTY CHANGING ZONING IS GONNA AFFECT THE VALUE OF THE HOMES AROUND IT. THERE'S NOT A REALTOR IN TOWN THAT WILL TELL YOU IN VERBAL THAT IT WON'T, THE LIGHTING IS BAD, THE TRAFFIC IS BAD, THE NOISE IS BAD. AND YOU'RE PERMANENTLY CHANGING THE ZONING FOR THE ENTIRE NEIGHBORHOOD. IT'S BEEN MADE, THE POINT'S BEEN MADE ALREADY, BUT WE'LL MAKE IT AGAIN AND AGAIN AND AGAIN. THIS IS NOT JUST THIS ASSISTED LIVING FACILITY, IT'S WHO THEY SELL IT TO. IT'S IF I DECIDE AFTER YOU APPROVE THIS, IF YOU APPROVE IT, IF I DECIDE TOMORROW TO APPLY FOR A PERMIT FOR AN ASSISTED LIVING FACILITY BECAUSE IT IS ONE OF THE HOTTEST GROWING MARKETS IN THE COUNTRY, WHAT BASIS DO YOU HAVE TO DENY ME? WHAT BASIS DO [01:10:01] YOU HAVE TO DENY THE NEIGHBOR THREE DOORS DOWN? BECAUSE I OPERATE, AND, AND I'LL BE HONEST, I OPERATE AN AIRBNB PART-TIME AT MY HOUSE WHEN I'M VACATIONING. I HAVE NO PROBLEM WITH ANYONE IN THE NEIGHBORHOOD HAVING AN ASSISTED LIVING FACILITY WITH SIX BEDS OR AN AIRBNB. I'M NOT ASKING YOU TO REZONE MY HOUSE TO A 15 STORY HOTEL AND THEY ARE ASKING YOU TO REZONE TO A 10 BED FACILITY. AND I THINK THAT'S WRONG. AND I THINK IT PERMANENTLY CHANGES THE WAY THE NEIGHBORHOOD LOOKS, THE WAY THE NEIGHBORHOOD FEELS. IF THE, IF THE PROPOSED OWNERS CHOOSE TO HAVE MORE BEDS AVAILABLE, THEY'RE MORE THAN WELCOME TO BID ON THE OPEN MARKET FOR ANY PROPERTY THAT COMES AVAILABLE IN THAT NEIGHBORHOOD AND TURN IT INTO AN ADDITIONAL SIX BEDROOM ASSISTED LIVING FACILITY. THEY'RE ALREADY LICENSED. WE'RE NOT SAYING THAT WE DON'T WANT ELDERLY PEOPLE IN THE NEIGHBORHOOD. THAT'S NOT THE CASE AT ALL. THE CASE IS THAT THERE'S SINGLE FAMILY HOMES AND THAT'S THE WAY WE WANT THEM TO BE. IF YOU, IF YOU'RE GONNA REZONE AND YOU'RE GONNA START DOWN THAT PATH, THEN IN A YEAR WE'LL BE LIVING IN THE MEDICAL CENTER. THAT'S EXACTLY HOW IT STARTED OUT. MY GRANDPARENTS OWNED THE PROPERTY ACROSS FROM METHODIST HOSPITAL BEFORE IT WAS BUILT AND THAT'S HOW IT STARTED. ONE REZONING AT A TIME. SO I'M ASKING YOU ON BEHALF OF ALL OF THE NEIGHBORS THAT HAVE SPOKEN AND THAT HAVE EMAILED TODAY, RESIDENTS OF THIS NEIGHBORHOOD TO PLEASE VOTE NO AND OPPOSE THIS REZONING. THANK YOU. STEVE CLAY, FOLLOWED BY CHRIS COLLEY. GOOD AFTERNOON CHAIRMAN AND COMMISSIONERS. STEVE CLAY, 7 0 0 7 COUNTRY VIEW LANE. I'M SPEAKING IN OPPOSITION OF THIS CASE ENDING IN 3 5 0. I WISH TO ADDRESS THE FACT THAT THIS BUSINESS IS REQUESTING REZONING R E C D A FOREVER CHANGE. THEIR REQUEST REVOLVES AROUND A SUPPOSED NEED FOR MORE BEDS IN THE COMMUNITY. HOWEVER, THAT NEED HAS NOT BEEN ESTABLISHED. MY OWN QUICK GOOGLE RESEARCH LOCATED AT LEAST 10 OF THESE FACILITIES WITHIN THREE MILES OF THEIR FACILITY AND TWO WITHIN ONE MILE OF THEIR ASSISTED LIVING FACILITY, MANY OF WHICH HAVE VACANCIES, THEREFORE UNNECESSARY. THE VAST MAJORITY OF THESE OWNERS ARE FROM OREGON AND THESE EXPERIENCED A L F BUSINESS OWNERS ARE MOVING HERE TO TAKE ADVANTAGE OF OPPORTUNITIES IN SAN ANTONIO. IF EXPANSION IS ALLOWED TO HAPPEN, WE WILL. WE WILL FOREVER BE. WILL WE EVER BE ABLE TO TAKE THESE NEIGHBORHOODS BACK A FOREVER CHANGE WHERE YOU WOULD HAVE TO DEMOLISH A SIX TO 8,000 SQUARE FOOT BUILDING TO START OVER THE NEIGHBORHOOD. I CLOSE WITH THIS. WE, THE HOMEOWNERS BOUGHT HOMES IN ANIMAL FARMSTEADS BASED ON ITS CURRENT RE ZONING, KNOWING IT WOULD BE A FAMILY NEIGHBORHOOD. FUTURE PURCHASERS ARE COMING INTO THIS NEIGHBORHOOD EXPECTING THE SAME AND DO NOT WANT TO BE BLINDSIDED WITH FINDING OUT OTHERWISE AFTER THEIR PURCHASE. DO WE REALLY NEED TO FLOOD THIS NEIGHBORHOOD IN SAN ANTONIO WITH THESE 10 TO 16 BED FACILITIES INSIDE OF A RESIDENTIAL NEIGHBORHOOD? WHAT THEN, IF ALLOWED, WILL STOP EVERY ENTREPRENEUR FROM SEEING THIS AS A BUSINESS OPPORTUNITY? AND SUDDENLY WE'VE REMOVED THE CHARM OF A NEIGHBORHOOD AND REPLACED IT WITH A LOT AFTER LOT, AFTER LOT OF LARGE LFS INFRINGING ON THE FAMILIES THAT LIVE THERE. WHILE FEDERAL LAW DICTATES THESE ALFS MUST AND CAN'T EXIST, YOU ARE NOT OBLIGATED TO ALLOW THESE FACILITIES TO EXPAND THEIR BUSINESS PLAN AND DISRUPT A NEIGHBORHOOD THAT HAS BEEN A QUIET, SAFE PLACE TO RAISE A FAMILY FOR MORE THAN A HALF A CENTURY. THIS CHANGE DOES NOT CONFORM WITH OUR APPROVED TEAM, LEON CREEK COMMUNITY PLAN, A PLAN THE CITY AGREED WITH AND HELPED US DEVELOP IN 2009 AND IT WOULD CREATE A, A PERMANENT PRECEDENT OF THE NEIGHBORHOOD. I DON'T KNOW ABOUT YOU, BUT I, FOR ONE, CHOOSE NOT TO LIVE NEXT DOOR TO SUCH FACILITY, ATTEND TO 16 BED BUSINESS IN OUR RESIDENTIAL NON-BUSINESS NEIGHBORHOOD. THANK YOU. THANK YOU. UM, I'M CHRIS COLLEY AND I'M, I'M GIVING MY THREE MINUTES. ALRIGHT, MS. CAULEY IS, MS. CAULEY IS GIVING HER TIME TO MS. HILTON. OKAY, NEXT. BRIAN CAULEY. MR. CAULEY, MR. CAULEY IS GIVING HIS TIME TO MS. HILTON AS WELL. MS. HILTON WILL HAVE NINE MINUTES. TOM WILSON. MR. WILSON, THREE MINUTES, SIR. YOUR NAME AND ADDRESS OH, USE YOU THREE MINUTES. THREE, THREE MINUTES? YES, SIR. [01:15:01] OKAY. I, I HAVE NO PROBLEM WHATSOEVER WITH WHAT THESE PEOPLE ARE DOING. THEY'RE DOING AN EXCELLENT JOB READING WHAT THE CITY AND EVERYBODY ELSE HAS GIVEN. THE PROBLEM I HAVE IS WHERE IT'S BEING DONE, IT'S CAUSING TURMOIL AND OIL IN OUR NEIGHBORHOOD AND WE DON'T KNOW IF IN SAY ANOTHER YEAR OR TWO OR THREE, THEY COME BACK AND WANT TO ENLARGE IT EVEN MORE. AND THIS, IT'S, IT'S BEYOND ME. I DON'T UNDERSTAND WHY I'VE, I'VE LIVED AT THIS LOCATION. THERE ARE THREE HOUSES UP THE STREET FOR 30 YEARS. I, THEY'VE ONLY LIVED THERE THREE. I DON'T KNOW WHY. IF THIS IS WHAT THEY WERE GONNA DO FOR A LIVING, WHY DIDN'T THEY GO PICK AN AREA THAT WAS ALREADY ZONED FOR THIS INSTEAD OF CAUSING ALL THE TROUBLE IN OUR NEIGHBORHOOD? ALRIGHT. THANK YOU VERY MUCH FOR LISTENING. THANK YOU SIR. STEVEN CUSHMAN. MR. CUSHMAN. PERFECT. GOOD AFTERNOON. MY NAME IS STEVEN CUSHMAN. I LIVE AT 6 6 8 2 PEMBROKE ROAD, APPROXIMATELY NINE HOUSES FROM THE SUBJECT PROPERTY. AND I AM OPPOSED TO THIS CHANGE. THIS AREA IS CURRENTLY A VERY QUIET RESIDENTIAL AREA. MANY OF THE RESIDENTS HAVE LIVED HERE FOR DECADES AND WOULD LIKE TO KEEP THIS A QUIET RESIDENTIAL AREA. THE THIS ZONING CHANGE IS ONE MORE STEP TO CHANGING THE CHARACTER OF THE NEIGHBORHOOD. THE OWNERS OF THE ASSISTED CARE FACILITY IN QUESTION BOUGHT THE PROPERTY WITH THE INTENTION OF, OF ESTABLISHING THEIR BUSINESS IN OUR NEIGHBORHOOD. WE HAD NO ABILITY TO EXPRESS OUR CONCERNS AND FEELINGS ABOUT THEIR BUSINESS BEING THERE AT THAT TIME. WE DO HAVE THE OPPORTUNITY TO EXPRESS THOSE FEELINGS. NOW ALSO, THIS ISN'T SIMPLY A CASE OF NIMBY OR NOT IN MY BACKYARD. THEY'RE ALREADY IN MY BACKYARD. THERE ARE CURRENTLY TWO ASSISTED LIVING CENTERS ON OUR STREET ALREADY. ONE OF THEM DIRECTLY ACROSS THE STREET FROM MY HOUSE. THEY SAY IT WON'T AFFECT THE TRAFFIC. WELL, THERE WAS TWO FIRE TRUCKS AND AN AMBULANCE ON MY STREET THIS MORNING GOING TO ONE OF THESE FACILITIES. SO HOW MANY MORE DO YOU THINK SHOULD BE SUITABLE FOR ONE RESIDENTIAL STREET IS TWO ENOUGH? FOUR, FIVE EVERY HOUSE. THAT'S WHERE WE'RE GOING. AT THE LAST ZONING COMMISSION MEETING, ONE OF YOUR MEMBERS STATED THAT HE WAS IN FAVOR OF ALLOWING THE CHANGE BECAUSE HE FELT HE OR SOMEONE CLOSE TO HIM MIGHT NEED TO USE SUCH A FACILITY. IN MY OPINION, THAT SHOULD HAVE NO BEARING ON THE DECISION. WE ARE A LAND OF LAWS. LET'S FOLLOW THEM. THE CURRENT STATUS PROHIBITS EXPANDING NUMBER OF BEDS BEYOND SIX UNLESS IT IS NECESSARY. MAKE A FEW CALLS. THERE ARE PLENTY OF OPTIONS FOR ASSISTED LIVING AVAILABLE ALREADY, WHICH MEANS GRANTING THIS CHANGE IS NOT NECESSARY AND THAT'S THE CRITERIA FOR ALLOWING AN EXPANSION. THIS TYPE OF BUSINESS HAS BECOME QUITE POPULAR ACROSS THE COUNTRY SINCE LAWS HAVE BEEN PASSED TO MAKE IT EASIER TO ESTABLISH SUCH A BUSINESS. THESE ARE VERY PROFITABLE BUSINESS. I KNOW THIS FIRSTHAND. I AM A CERTIFIED PUBLIC ACCOUNTANT AND I HAVE SEEN THE BOOKS AND TAX RETURNS FOR THESE BUSINESSES. THE OWNERS CAN PROVIDE PLATITUDES ABOUT HOW WONDERFUL THEIR CENTER IS AND HOW HAPPY THEIR CLIENTS ARE. THAT, THAT THAT DOES NOT CHANGE THE FACT THAT THIS IS STILL A BUSINESS. THEY WOULDN'T BE HERE TRYING TO CONVINCE YOUR COMMISSION TO ALLOW THIS CHANGE IF THEY DIDN'T THINK IT WAS GONNA MAKE THEM MORE MONEY. THAT'S WHAT THIS IS REALLY ABOUT. MORE MONEY ALLOWING THIS BUSINESS TO EXPAND WILL INEVITABLY ENCOURAGE OTHERS TO OPEN THEIR BUSINESS IN OUR NEIGHBORHOOD. AFTER ALL, THEY DON'T HAVE TO DECLARE THEIR INTENTIONS WHEN THEY PURCHASE. THEY BUY A HOUSE AT THE BEST LENDING RATES AVAILABLE, THE RATES ASSOCIATED WITH AND INTENDED FOR HOME OWNERSHIP, MUCH LOWER RATES THAN WHAT THEY WOULD PAY IF THEY WERE PURCHASING AS WHAT THEY REALLY ARE BUSINESS DEVELOPERS. FINALLY, ON FEBRUARY, FEBRUARY 15TH, WHEN THIS ISSUE WAS ORIGINALLY HEARD, THE OWNERS HAD A FEW PEOPLE GIVING COMMENTS REGARDING THEIR SUPPORT. NOT ONE OF THOSE PEOPLE WAS A RESIDENT OF OUR COMMUNITY. THEY WERE ALL EITHER EMPLOYEES OR FAMILY MEMBERS OF THEIR CLIENTS. THE RESIDENTS, MY NEIGHBORS WHO HAVE TAKEN THE TIME TO HAVE THEIR CONCERNS HEARD TWICE NOW ARE ALL AGAINST THIS CHANGE. SO I ASK YOU, MR. IMPORTANT THANK YOU SIR. HILTON MINUTES. THANK YOU. GOOD AFTERNOON COMMISSIONERS. HOW ARE Y'ALL? MY NAME IS CONSUELO HILTON AND I LIVE ON 69 10 PEMBROKE ROAD. MY PROPERTY ABOUT THE 69 60 PEMBROKE TO THE EAST. THIS IS THE PROPERTY IN QUESTION. OUR LOTS ARE ABOUT THE SAME SIZE. AND PRIOR TO 2018 WHEN THE GCS MOVED IN, OUR HOUSES WERE NEARLY THE SAME SIZE. WHILE [01:20:01] RUNNING A THREE BED ASSISTED LIVING BUSINESS, THEY NEARLY DOUBLE THE SIZE OF THEIR HOUSE SO THAT BY LATE 2020 THEY COULD ACCOMMODATE THREE MORE RESIDENTS. I OPPOSED THE REZONING REQUEST. AND THESE ARE SOME OF THE REASONS WHY MY PROPERTY WAS PURCHASED IN 1989. 33 YEARS AGO, MY HUSBAND AND I WERE LOOKING FOR A PLACE TO RAISE OUR CHILDREN, A PLACE THAT WOULD BE SAFE, TRANQUIL, PRIVATE, WITH GOOD SCHOOLS AND GOOD NEIGHBORS. WE FOUNDED IN THE COMMUNITY OF ALAMO. FARMSTEADS HOME FOR ME IS THE PLACE WHERE WE GO AFTER A LONG, HARD DAY OF WORK, A PLACE TO RELAX, A PLACE WHERE WE WELCOME OUR FAMILY AND FRIENDS. A PLACE WHERE WE ENJOY THE PEACEFUL SURROUNDINGS THAT ALAMO FARMSTEAD IS KNOWN FOR. HOME IS NOT HAVING A HIGH LEVEL DAILY ACTIVITY RIGHT NEXT TO YOU. TAKING AWAY THE VERY REASONS WHY WE DECIDED TO SETTLE DOWN IN THIS COMMUNITY. BECAUSE I LIVE NEXT TO THE PECAN VIEW, I HAVE FIRSTHAND EXPERIENCE OF WHAT IT'S LIKE TO SEE A BUSINESS OF THIS KIND GROW. IN THE BEGINNING, THE GCS STARTED OUT WITH THREE RESIDENTS. A VERY SHORT TIME LATER THE NUMBER INCREASED TO SIX AND EYE WITNESS THE SIGNIFICANT DIFFERENCE OF A THREE BED FACILITY TO A SIX BED FACILITY. AND THE INCREASE IN NOISE IS QUITE LARGE. I BELIEVE THAT THE DIFFERENCE OF GOING FROM SIX TO 10 RESIDENTS WILL EVEN BE MORE DRAMATIC. THERE IS A SIGNIFICANT AMOUNT OF TRAFFIC COMING TO THIS HOME ON A DAILY BASIS. I SEE A STEADY STREAM OF CARS, TRUCKS, VISITORS, DELIVERIES, PERSONNEL AND OTHERS. AND I CAN ONLY IMAGINE WHAT IT WOULD BE LIKE IF THE NUMBER OF BEDS WERE TO INCREASE FROM SIX TO 10. I BELIEVE WITH THE NEIGHBORS HAVE BEEN ACCOMMODATING FRIENDLY AND RESPECTFUL WITH THE GALLOS AS THEY RUN A BUSINESS OUT OF THEIR HOME. I HAVE PERSONALLY REFER SOME CLIENTS TO THEM. POTENTIAL CLIENTS IN SHORT WITH THE NEIGHBORS DO NOT HAVE A PROBLEM WITH THE 16 BUSINESS AS IT IS TODAY, BUT TO INCREASE THE NUMBER OF BEDS BY ANY AMOUNT FROM THE INITIAL INTENTION OF 16 BEDS TO THE REDUCED NUMBER OF 10, IT IS NOT APPROPRIATE IN THE MIDDLE OF A RESIDENTIAL BLOCK. PECAN VIEW IS OPERATING IN A RESIDENTIAL NEIGHBORHOOD IN THE MIDDLE OF A RESIDENTIAL BLOCK. WE ALREADY HEAD AN ASSISTED LIVING FACILITY ON THE SAME BLOCK, 1200 FEET FROM PECAN VIEW. BY GRANTING THIS REQUEST, IT WOULD SEEM LOGICAL THAT THE OTHER FACILITY WOULD ASK TO INCREASE THE NUMBER OF BEDS AS WELL. WHY NOT? IF THE CHANGE IS GRANTED FOR ONE FACILITY, WHY NOT THE OTHER AS MORE BUS? THIS IS AN EASY TO GET PERMITTED FOR EXTRA BEDS. THIS WOULD OPEN THE FLOODGATES TO SIMILAR BUSINESSES IN OUR AREA AND POSSIBLY A NEW FACILITY TO BE ADDED NEXT TO DOOR IN EVERY RESIDENT OF THIS NEIGHBORHOOD. THE HOUSE HAS CHANGED SIGNIFICANTLY SINCE THE GCS PURCHASED THE PROPERTY. THE HOUSE HAS GROWN AND CHANGED DRAMATICALLY SO HE CAN ACCOMMODATE THEIR SIX RESIDENTS. THE HOUSE HAS NOT ONLY CHANGED IN SIZE, BUT HOW THE HOUSE IS USED. IT WOULD BE HARD TO IMAGINE THAT THIS COULD BE USED FOR ANYTHING OTHER THAN ASSISTED LIVING GRANTING THIS FOREVER ZONING REQUEST WOULD SURELY MAKE THIS A FOREVER ASSISTED LIVING FACILITY. THE HOUSE ALREADY OPERATES AS A BUSINESS AND IT WOULD ONLY GET WORSE IF THE REQUEST IS GRANTED. I CONSIDER THE GALLEX GOOD NEIGHBORS. UNFORTUNATELY, THE RESIDENTS, VISITORS, STAFF, DELIVERY DRIVERS AND OTHERS THAT COME AND GO OUT OF THIS HOME DON'T MAKE THIS A SAFE PLACE. THESE INDIVIDUALS ARE [01:25:01] STRANGERS TO US IN THE COMMUNITY. I HAVE BEEN APPROACHED BY ONE RESIDENT, NOT ALL OF THEM GO TO GET GO TO BED AT FOUR 30 IN THE AFTERNOON. I WAS ASKED OUT BY A MALE RESIDENT THERE. I DON'T KNOW WHY I BECAME POPULAR WITH THE CENTENARIANS, BUT I AM OF COURSE I DECLINE. I CAN NO LONGER LEAVE MY HOUSE BECAUSE WHO KNOWS, BY ADDING MORE BEDS TO THIS WILL INCREASE MORE DATES, NO MORE TRAFFIC. SERIOUSLY. UM, ALAMO FARMSTEAD HAS ESTABLISHED, WAS ESTABLISHED IN 1923. WE HAVE SEVERAL MULTI-GENERATIONAL FAMILIES LIVING IN THIS, IN THEIR ORIGINAL HOMES. WE HAVE RESIDENTS HERE THAT HAVE LIVED 60, 50, 40, 33 YEARS AS I AM 25. AND INDEED WE HAVE TWO OR THREE GENERATIONS OF FAMILIES WHO LIVE IN THE SAME STREET OR STREET OR STREETS NEARBY. MR. GC BOUGHT HIS PROPERTY IN 20 18 4 YEARS AGO, AND HIS DESIRE TO EXPAND HIS BUSINESS HAS CAUSED AN UPHEAVAL IN THE NEIGHBORHOOD. HIS REQUESTS, HIS REQUEST TO EXPAND HIS BUSINESS HAS PITTED NEIGHBOR AGAINST NEIGHBOR, AND IN SOME CASES FAMILY MEMBERS AGAINST FAMILY MEMBERS. THIS HAS CAUSED DISSENSION AND ANIMOSITY AMONG US. MR. GULICK HAS TURNED HIS NEIGHBORHOOD UPSIDE DOWN WITH WHAT APPEARS TO BE HIS ATTITUDE OF THIS IS JUST THE COST OF DOING BUSINESS. ALAMO FARMSTEAD IS ROOTED IN TRADITION AND HARMONY. HIS REQUEST TO EXPAND HIS BUSINESS HAS BEEN ANYTHING BUT TRADITIONAL OR HARMONIOUS. IF MR IF DANIEL WANTS TO EXPAND HIS BUSINESS, HE CAN DO SO IN AN AREA THAT HAS BEEN ZONED FOR COMMERCIAL USE WHERE HE CAN HOUSE AS MANY RESIDENTS AS HE WISHES. I RESPECTFULLY ASK THE COMMISSIONERS TO NOT GRANT THIS CHANGE. I THINK I HAVE MORE TO SAY, BUT I'M DONE. THANK YOU, MS. HILTON. UH, APPRECIATE IT. WE PROMISE NOT TO PROPOSITION YOU FROM THE DAIS. UM, IF WE COULD MOVE ON TO THE NEXT ONE. PAULINE GLICKMAN FOLLOWED BY RANDOLPH GLICKMAN. MS. GLICKMAN, UH, YOU MY TIME TO RANDOLPH GLICKMAN. OKAY. MS. GLICKMAN IS YIELDING HER TIME TO MR. GLICKMAN. MR. GLICKMAN, YOU WILL HAVE SIX MINUTES, SIR. YOUR NAME AND THE ADDRESS PLEASE? SIX MINUTES. YOU DON'T HAVE TO USE IT. THAT GOES FOR EVERYONE. , OH, LASER POINTER. GOOD AFTERNOON COMMISSIONERS AND THANK YOU FOR THE OPPORTUNITY TO SPEAK, UM, ON THIS CASE. MY NAME IS RANDOLPH GLICKMAN. I RESIDE WITH MY WIFE PAULINE AT 84 25 ROCHELLE, WHERE WE HAVE RESIDED FOR THE PAST 25 YEARS. I'M ALSO A BOARD MEMBER OF THE ALAMO FARMSTEADS, UH, B BABCOCK ROAD NEIGHBORHOOD ASSOCIATION. FIRST, LET ME STATE MY OPPOSITION TO THIS APPLICATION LIKE MANY OTHERS HAVE DESCRIBED. THIS AFTERNOON WE MOVED TO ALAMO FARMSTEADS BECAUSE OF THE LARGE LOTS, THE QUIET ROADS, AND THE SEMI-RURAL SETTING. OFTEN WHEN I'M WORKING OUTSIDE, I FEEL THAT I'M IN THE COUNTRY AND NOT IN THE THIRD LARGEST CITY OF TEXAS, WHICH I THINK IS REMARKABLE. I BECAME ACTIVE IN THE NEIGHBORHOOD ASSOCIATION AND PARTICIPATED IN THE DEVELOPMENT OF THE HI MARY LEON CREEK COMMUNITY PLAN BECAUSE I WANT ALMA FARMSTEADS TO RETAIN ITS RESIDENTIAL CHARACTER WHILE LIMITING COMMERCIALIZATION OUTSIDE OF THE MAJOR ARTERIAL ROADS. WITH RESPECT TO THE CURRENT APPLICATION, THE NEIGHBORHOOD ASSOCIATION HAS DILIGENTLY CANVASED NEIGHBORS THROUGHOUT THE ALMA FARMSTEADS AREA TO ASSESS THEIR POSITIONS ON THE EXPANSION OF THE ASSISTED LIVING FACILITY ON PEMBROKE. WITH YOUR PERMISSION, I WILL SU UH, SUMMARIZE OUR FINDINGS WITH THESE SLIDES. LEMME SURE. I'VE GOT THE BUSINESS END OF THE LASER POINTER HERE. UH, MAY I HAVE MY FIRST SLIDE? PLEASE CLICK GLICKMAN. RANDY. OH, RANDY. OKAY. 'CAUSE THEY'RE IN COLOR. SO YOU'VE SEEN THIS BEFORE. THIS SHOWS THE SUBJECT PROPERTY AND THE SURROUNDING PROPERTIES WITHIN THE 200 FOOT RADIUS. THE, UH, SUPPORTERS, INCLUDING THE APPLICANT SHOWN WITH THE CHECK MARK, GREEN CHECK MARK, ARE IN THE GREEN. AND THEN THE RED XS SHOW THE, THE NEIGHBORING PROPERTIES THAT ARE ARE IN OPPOSITION. SO OF THESE 11 PROPERTIES SHOWN [01:30:01] NINE OF THEM ARE IN OPPOSITION, WHICH I THINK IS KIND OF REMARKABLE FOR THESE, UH, THESE CLOSE NEIGHBORS. UH, NEXT SLIDE PLEASE. THIS, UH, SHOWS A SOMEWHAT LARGER VIEW OF THE FOUR BLOCKS SURROUNDING THE SUBJECT PROPERTY. THE SUBJECT PROPERTY IS UP HERE AND THAT'S THAT GREEN CIRCLE. AND YOU CAN SEE THAT THE, THE LARGE PREPONDERANCE OF NEIGHBORS IN THIS AREA ARE IN OPPOSITION. UM, SO CLEARLY A LARGE MAJORITY ARE OPPOSED. UH, NEXT SLIDE PLEASE. AND THEN ZOOMING OUT A LITTLE BIT FARTHER, WE SEE THE ENTIRE ALAMO FARMSTEADS AREA. SO HERE'S THE, THE AREA IN QUESTION. UM, THE SUBJECT PROPERTY IS UP HERE, AND SO WE CAN SEE THAT THROUGHOUT THE AREA, EVEN NEIGHBORS A LITTLE BIT MORE DISTANT ARE OPPOSED TO THE PROPERTY. AND I'LL NOTE ALSO THAT SOME OF THE, A LOT OF THE SUPPORTERS THAT ARE REGISTERED HERE ARE REALLY QUITE FAR AWAY AND, UH, MANY OF THEM ARE EVEN NOT EVEN SHOWN IN THIS, UH, AREA HERE. SO MAY MAY HAVE THE NEXT SLIDE PLEASE. AND THEN THIS IS THE VIEW OF THE EBNER LEON CREEK'S COMMUNITY PLANNING AREA, AND THAT THE COMMUNITY PLANT HAS BEEN MENTIONED SEVERAL TIMES, AND I THINK IT'S REALLY THE GOVERNING PRINCIPLE BEHIND HOW WE WANT OUR, OUR NEIGHBORHOOD TO DEVELOP. SO AS YOU CAN SEE, THERE'S THE, THERE'S A LOT OF OPPOSITION CENTERED AROUND THE SUBJECT PROPERTY. AND THEN, UH, UH, EVEN FARTHER AWAY THERE'S QUITE A BIT OF OPPOSITION AND MANY OF THE SUPPORTERS, AS YOU CAN SEE, ARE QUITE FAR AWAY. SO, UM, I'M NOT SURE ABOUT THE RELEVANCE OF THEIR INPUT, BUT NEVERTHELESS, IT'S, IT'S THERE. SO OVERALL, WE, WE HAVE A COLLECTED, UM, 33 RESPONSES IN FAVOR OF THIS PROPERTY. 94 OPPOSED, UH, REPRE, WHICH REPRESENTS AN OVERALL OPPOSITION RATE OF 74%. SO I THINK THAT, UM, THAT INDICATES THAT THERE IS, UM, A FAIR NUMBER OF OPPONENTS TO THIS PROPERTY AND, UH, APPROVAL OF THIS, UH, THIS, UH, ZONING CHANGE WOULD NOT BE CONSISTENT WITH THE COMMUNITY PLAN. AND SO THEREFORE, I URGE YOU ALL TO CONSIDER THIS INFORMATION WHEN YOU MAKE YOUR DECISION. AND MY RECOMMENDATION, AS WELL AS MY NE MOST OF MY NEIGHBORS, IS THAT YOU DECLINE THE, UH, APPLICATION CHANGE. THANK YOU FOR YOUR ATTENTION. THANK YOU MR. GLICKMAN. UM, BEFORE WE GO ONTO THE NEXT SPEAKER, I DID WANNA NOTE FOR THE RECORD THAT, UH, COMMISSIONER WHITE STEPPED OUT AT 2 24 AND RETURNED AT 2 26. NEXT SPEAKER, PLEASE. MERCEDES RAMOS, FOLLOWED BY JEREMIAH MCCRORY. MS. RAMOS, IF YOU WOULD JUST INTRODUCE YOURSELF, GIVE US YOUR ADDRESS AND TELL US YOUR OPINION. SORRY, I'M SHORT AGAIN, MY NAME IS MERCEDES RAMOS. I LIVE AT 6 6 2 3 COUNTRY VIEW LANE. WE HAVE LIVED IN OUR HOME FOR ABOUT 23 YEARS NOW, BUT I HAVE BEEN IN THIS COMMUNITY FOR OVER 40 YEARS. IN FACT, WE MOVED INTO THE AREA AFTER TWO YEARS OF MARRIAGE. WE'RE NOW GOING ON 48. UM, ONE OF THE MAIN REASONS WE PURCHASED OUR HOME WAS BECAUSE WE LOVED THE NEIGHBORHOOD AND WE SOON BECAME VERY INVOLVED WITH NEIGHBORS AROUND US WHO SUPPORTED US FOR A VERY LONG TIME. AND IN FACT, BECAUSE MY HUSBAND AND I TRAVELED SO FREQUENTLY, THEY OFTEN, UH, OFFERED TO WATCH OUR HOME. ONE NEIGHBOR ACTUALLY DID PARAMETER CHECKS AND SO WE FEEL VERY WELCOMED BY OUR COMMUNITY. WE DON'T WISH IT TO CHANGE. AGAIN, I HAVE PERSONAL EXPERIENCE WITH NOT IN OUR NEIGHBORHOOD, BUT IN ANOTHER NEIGHBORHOOD HERE IN SAN ANTONIO WHERE AN AUNT OF MINE WAS HOUSED AT ONE OF THESE FACILITIES. I HAD NO SAY IN HER CARE. I WAS NOT HER CARETAKER, NOR DID I HAVE POWER OF ATTORNEY. BUT I CAN TELL YOU THAT EVEN THOUGH PEOPLE WERE VERY NICE, THEY STILL, IT WAS NOT A PLACE WHERE I WOULD'VE PUT HER IF I HAD HAD MY CHOICE. AND SO AGAIN, NOT, I'M VERY FOND OF THE ELDERLY. OKAY. MOST OF MY FRIENDS ARE ELDERLY AND I, I JUST FEEL THAT THESE, THIS HOME SHOULD NOT HOUSE MORE RESIDENTS AND CREATE A DISTURBANCE AGAIN IN OUR NEIGHBORHOOD. AS YOU CAN ALREADY TELL FROM THE PREVIOUS SPEAKERS. AGAIN, I THANK YOU FOR YOUR TIME. THANK YOU. MS. RAMOS. JEREMIAH MCCRORY, FOLLOWED BY ALMA, BUT UH, BELLFIELD, WHO'S GONNA HAVE SIX MINUTES. UH, MS. MC, MR. MCCRORY, I BELIEVE HE LEFT. HE UNFORTUNATELY HAD TO LEAVE. SO MS. BELLFIELD, I, MS. BELLFIELD HAD HER TIME FROM [01:35:01] THE VERY FIRST PERSON SIGNED UP AND I THOUGHT SHE HAD ONE OTHER PERSON. SIR, WHAT'S YOUR NAME AGAIN? WILLIAM LATA. MR. LATA WILLIAM IS GIVING HER TIME. MS. BELLFIELD, YOU WILL HAVE NINE MINUTES. OKAY. MY NAME IS ALMA BELLFIELD. I LIVE AT 8 3 5 7 ROCHELLE ROAD IN ALAMO FARMSTEADS. I'M REPRESENTING THE ALAMO FARMSTEADS BABCOCK ROAD NEIGHBORHOOD ASSOCIATION. I SIT ON THE BOARD AS VICE PRESIDENT AND I CHAIR OUR BOARD'S ZONING SUBCOMMITTEE. YOU CAN SEE ON THIS MAP OF THE EBNA LEON CREEK COMMUNITY PLAN AREA THAT THE SUBJECT PROPERTY IS IDENTIFIED BY THAT RED OUTLINE BOX. IT'S IT'S FIVE HOUSES AWAY FROM OISH NAVAL PARK IN THE LOW DENSITY RESIDENTIAL ESTATE AREA IN THE HEART OF ALAMO FARMSTEADS AS DOCUMENTED IN THE LAND USE PLAN OF THE COMMUNITY PLAN BY UNANIMOUS BOARD DECISION, THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION TO THIS CASE. FOR THESE REASONS, ONE COMMUNITY FEEDBACK WAS SOLIDLY IN OPPOSITION. EVEN THE MAJORITY OF THOSE WHO OUTRIGHT SUPPORT ASSISTED LIVING FACILITIES STILL OPPOSED ANY EXPANSION. THE REQUESTED USE CONFLICTS WITH THE GOALS OF THE HEMA LEON CREEK COMMUNITY PLAN WITH RESPECT TO PRESERVING THE CHARACTER AND QUALITY OF LIFE OF THE COMMUNITY BECAUSE THE REQUESTED USE IS DECIDEDLY COMMERCIAL IN NATURE, BUT POSITIONED IN A DECIDEDLY LOW DENSITY RESIDENTIAL AREA IN THE MIDDLE OF THE BLOCK ON A LOCAL STREET. THREE, THE DAILY ACTIVITY AT THIS PROPERTY DOES NOT CONFORM TO NORMAL RESIDENTIAL USAGE AND ANY EXPANSION WILL ADVERSELY IMPACT THE SURROUNDING NEIGHBORS EVEN MORE THAN IT ALREADY DOES INTERFERING WITH THEIR USE AND ENJOYMENT OF THEIR PROPERTIES. FOUR, IT DOES NOT QUALIFY FOR THE REASONABLE ACCOMMODATION RELIEF UNDER SECTION 35 DASH 3 76 BECAUSE THERE ALREADY IS AVAILABLE SUITABLE HOUSING IN THIS GEOGRAPHIC AREA FOR ELDERLY RESIDENTS. FIVE. GRANTING THIS ZONING WOULD SET A PRECEDENT FOR ASSISTED LIVING FACILITIES. IT WOULD BE OPEN SEASON FOR CAPACITY INCREASES ACROSS ALAMO FARMSTEADS, BABCOCK ROAD, AND THE WIDER SAN ANTONIO AREA BECAUSE YOU WOULD EFFECTIVELY BE DECLARING A CRISIS IN BED AVAILABILITY. SIX. THIS CONDITIONAL USE ZONING IS A FOREVER CHANGE TO THIS PROPERTY AND CANNOT BE REVOKED. SINCE NEW ASSISTED LIVING FACILITIES WITH SIX RESIDENTS CAN BE STARTED ANYWHERE AND EVERYWHERE AT ANY TIME WITH NO POSSIBLE CONTROL BY CITY ZONING OR STATE AGENCIES GRANTING INCREASED CAPACITY AT THIS POINT IN TIME IS IMPRUDENT. I WOULD ALSO POINT OUT SINCE SOME COMMISSIONERS SEEM TO FEEL THAT COMMERCIAL ASSISTED LIVING FACILITIES ARE UNDESIRABLE, THAT THE TYPE OF RESIDENTIAL ASSISTED LIVING FACILITY BEING DISCUSSED HERE TODAY DO NOT REPLACE COMMERCIAL FACILITIES BECAUSE THEY CAN ONLY HANDLE THE EASY RESIDENTS. THEY DO NOT COVER SKILLED NURSING, DEMENTIA, MEMORY CARE, OR ALZHEIMER'S RESIDENTS. THE FEDERAL FAIR HOUSING ACT ALLOWS ASSISTED LIVING FACILITIES TO EXIST IN OUR SINGLE FAMILY RESIDENTIAL AREAS AND A TEXAS STATE LICENSE IS REQUIRED IF YOU WANT TO OPERATE WITH MORE THAN THREE RESIDENTS. THE AUTOMATIC MAXIMUM RESIDENT CAPACITY FOR A SPECIFIC PROPERTY IS LIMITED BY THE ZONING ON THAT PROPERTY AS SPECIFIED BY TEXAS STATE LAW ON RESIDENTIAL LOTS FOR SINGLE FAMILY ZONING, THE MAXIMUM BY RIGHT IS SIX IN MULTIFAMILY, THE MAXIMUM BY RIGHT IS 16 ON COMMERCIALLY ZONED LOTS. THE NUMBER CAN OBVIOUSLY BE MUCH HIGHER. TEXAS STATE LAW FOR COMMUNITY HOMES IN RESIDENTIAL AREAS ALSO SPECIFIES THAT THE EXTERIOR STRUCTURE OF THE BUILDING MUST RETAIN COMPATIBILITY WITH THE SURROUNDING RESIDENTIAL DWELLINGS. SUCH HOMES CANNOT HAVE MOTOR VEHICLES IN NUMBERS EXCEEDING THE NUMBER OF BEDROOMS IN THE HOME. THEY CANNOT BE ESTABLISHED WITHIN ONE HALF MILE OF AN EXISTING COMMUNITY HOME AND NO MORE THAN SIX PERSONS WITH DISABILITIES AND TWO SUPERVISORS MAY RESIDE IN THE COMMUNITY HOME AT THE SAME TIME. SO THE CONCLUSION LOOKING AT THESE LAWS WOULD BE THAT THE TEXAS LEGISLATURE UNDERSTOOD THE DISRUPTIVE AND DETRIMENTAL CONSEQUENCES OF ALLOWING ASSISTED LIVING FACILITIES IN SINGLE FAMILY RESIDENTIAL AREAS AND TOOK STEPS TO LIMIT THE IMPACT OF THOSE FACILITIES ON THE SURROUNDING HOMES AND NEIGHBORHOOD BY LIMITING THE NUMBER OF RESIDENTS TO SIX AND BY TRYING TO LIMIT AND DISGUISE THE COMMERCIAL NATURE OF THE BUILDING AND THE DAILY ACTIVITIES. EACH RESIDENT AT THIS TYPE OF FACILITY TYPICALLY PAYS BETWEEN TWO AND $3,000 PER MONTH TO LIVE THERE. THIS IS A COMMERCIAL OPERATION SITTING IN THE MIDDLE OF OUR SINGLE FAMILY LOCAL STREET. THE LAND USE PLAN DICTATES THE COMMERCIAL LOTS BE POSITIONED ON THE OUTSIDE BORDERS OF THE COMMUNITY PLAN AREA OR ON MAJOR ROAD INTERSECTIONS. SINCE THIS COMMERCIAL INTRUSION ALSO AFFECTS PROSPECTIVE HOMEOWNERS HOME BUYERS WHO [01:40:01] NOW HAVE TO COMPETE WITH THESE COMPANIES FOR SINGLE FAMILY RESIDENTIAL HOUSING STOCK, THERE WILL BE A GRADUAL EROSION OF OUR RESIDENTIAL AREAS. THANK YOU. ON THIS MAP YOU CAN SEE THE FACILITIES CLOSE TO THE APPLICANT'S PROPERTY. PLEASE NOTE THAT THERE IS ANOTHER FACILITY WITHIN 1200 FEET. THAT'S THE APPLICANT'S PROPERTY THERE IN THE CENTER. THE APPLICANT MAY CLAIM THAT SECTION 35 DASH 3 76 SHOULD APPLY HERE TO JUSTIFY AN INCREASE IN THE NUMBER OF RESIDENTS AS A REASONABLE ACCOMMODATION TO AFFORD AN EQUAL OPPORTUNITY TO USE AND ENJOY HOUSING. BUT THAT SECTION STATES THAT THE ACCOMMODATION IS TO BE GIVEN WHEN NECESSARY. SINCE THERE ARE ALREADY AND SEEMINGLY ALWAYS ARE AVAILABLE ROOMS WITHIN A THREE MILE RADIUS, IT IS NOT NECESSARY TO GIVE THIS ACCOMMODATION. IT SHOULD BE NOTED THAT THERE IS ALSO A 16 BED ASSISTED LIVING FACILITY ON HOLLYHOCK ONE MILE AWAY. THAT IS IN THE PROCESS OF OPENING AND THOSE BEDS WILL BE ADDED TO THE LOCAL AVAILABILITY. ONE OF MY COLLEAGUES HAS ALREADY PRESENTED ON OUR RESEARCH REGARDING AVAILABILITY. SO THAT SECTION 35 DASH 3 76 IS THE ONLY SECTION OF CODE THAT WOULD ALLOW THE ZONING COMMISSION TO GRANT AN APPLICANT THE RIGHT TO EXCEED THE MAXIMUM OF SIX IN A SINGLE FAMILY DISTRICT. THE FIRST TIME AROUND THAT WE HEARD THIS CASE, THE APPLICANT SIMPLY STATED, WE TURN PEOPLE AWAY. WE'RE ALWAYS FULL TODAY. TODAY'S THE TIME THAT WE NOW HEAR FROM THEM THAT THEY CLAIM THAT THERE'S SOME AVAIL, LACKING AVAILABILITY IN THE AREA. WE ARE MONTHS INTO THIS PROCESS OF THEIR PLANNING AND TODAY IS THE FIRST TIME THEY'VE MENTIONED IT. I THINK THEY FINALLY REALIZED WHAT THIS SECTION OF CODE IS SUPPOSED TO BE SAYING AND WHO IT IS SUPPOSED TO BE PROTECTING. IT SPECIFICALLY SAYS THAT THE ACCOMMODATION IS ONLY TO BE MADE TO ACCOMPLISH THE GOALS AND THE POLICIES OF THE FAIR HOUSING ACT. IT SPECIFICALLY SAYS THE ACCOMMODATION MAY BE NECESSARY TO PROVIDE EQUAL OPPORTUNITY TO USE AND ENJOY HOUSING. THAT CLAUSE WAS MAY AND NECESSARY. IT DOES NOT SAY IT IS NECESSARY. IT SAYS MAY. IT MOST DEFINITELY SAYS IT HAS TO BE NECESSARY, NOT ARBITRARY WITHOUT DUE CONSIDERATION. AND IT MOST DEFINITELY DOES NOT SAY THAT THIS IS TO BE GRANTED BECAUSE THEY LOOK LIKE A NICE YOUNG COUPLE AND THEY ASKED NICELY. OR BECAUSE THEY THINK THAT THEY CAN DRAW CUSTOMERS AWAY FROM THEIR COMPETITORS BY HAVING A NICER FACILITY OR LOWERING THEIR PRICES. IT, IT DOESN'T SAY IT CAN BE GRANTED TO MEET THE FINANCIAL GOALS OF THE BUSINESS OWNERS, THE APPLICANTS OR THE COMMISSION OR THE CITY COUNCIL WOULD NEED TO ESTABLISH A SUBSTANTIAL, IF NOT OVERWHELMING UNMET DEMAND TO INVOKE THIS SECTION OF CODE TO GRANT THIS ACCOMMODATION. ARE YOU PREPARED TO DECLARE A CRISIS IN ASSISTED LIVING FACILITY AVAILABILITY? AND IF SO, WHICH AREAS ARE INCLUDED IN THIS CRISIS? THE WHOLE CITY, THE NORTHWEST SIDE OR JUST ALAMO FARMSTEADS. THE NEIGHBORHOOD'S. CONCLUSION OBVIOUSLY IS THAT SUCH AN ACCOMMODATION IS NOT JUSTIFIED. THERE IS NO CRISIS. WE OPPOSE THIS REZONING AND REQUEST THAT THE ZONING COMMISSION DENY THIS APPLICATION. THANK YOU MS. BELLFIELD. ANY OTHER SPEAKERS? MS. FLORES? THERE'S NO ONE ELSE IN PERSON SIR, BUT WE HAVE VOICEMAILS. UM, PRIOR TO PLAYING THE VOICEMAILS, WE ARE GOING TO STAND IN RECESS FOR FIVE MINUTES. UM, APPROXIMATELY FIVE MINUTES. WE WILL RETURN AT 2 55. WE WILL DO THE VOICEMAILS AND THEN, UH, A SHORT REBUTTAL AND THEN COMMISSIONER QUESTIONS. THANK YOU. WE STAND IN RECESS. IT'S TWO 50. ALRIGHT, COMMISSIONERS. THE TIME IS APPROXIMATELY 2 57. IF WE COULD FIND OUR WAYS BACK TO OUR SEATS. COMMISSIONERS BACK TO THE DIOCESE PLEASE. I WILL START CALLING YOU BY NAME. SUSAN'S OVER THERE TRYING TO HELP. SUSAN, I WAS GONNA START WITH YOU COMMISSIONER GREATHOUSE, JUST TO BE SURE I ON BACK. , I HEAR IT. I HEARD YOUR VOICE AND ALRIGHT. THE PI PIPER LADIES AND GENTLEMEN, WE'RE GETTING READY TO START AGAIN. COMMISSIONERS, IF YOU WOULD RESUME YOUR SEATS, I WOULD APPRECIATE IT. UM, ALRIGHT, LADIES AND GENTLEMEN, THE TIME IS 2 58 AND WE ARE BACK IN SESSION AS THE ZONING COMMISSION FOR THE CITY OF SAN ANTONIO. WE ARE STILL ON ITEM NUMBER ONE AND WE WILL BEGIN TO HEAR THE VOICEMAILS THAT HAVE BEEN SENT IN. HI, MY NAME IS AMANDA SPENCER. MY ADDRESS IS 8 8 6 3 ROCHELLE [01:45:01] ROAD IN SAN ANTONIO. I'M CALLING IN REGARDS TO CASE NUMBER Z DASH 2 2 1 7 3 5 CD REGARDING THE, UH, REQUEST TO CHANGE THE ZONING RESTRICTIONS ON 6 9 6 0 PEMBROKE. I AM OPPOSED TO THE CHANGE THE PURCHASERS OF THIS LOT IN 2018 PURCHASE A LOT KNOWING THAT THIS IS A RESIDENTIAL LOW DENSITY AREA, THE CHARACTER OF THE ALAMO FARMSTEAD HAS LARGE LOTS, LOW DENSITY. UM, AND THIS IS A, UH, A UNIQUE AREA OF SAN ANTONIO. I AM A HOMEOWNER, UM, ON ROCHELLE ROAD AND I OPPOSE HAVING A PERMANENT CHANGE TO THE, UH, USE OF THE LAND BY CHANGING THIS TO CONDITIONAL USE. UH, EVEN IF THEY WERE TO SELL THE PROPERTY, THEY WOULD, UH, CONTINUE TO BE ABLE TO OPERATE THIS AT A MUCH HIGHER DENSITY. I BELIEVE THAT THIS IS JUST FINANCIALLY MOTIVATED FOR THE APPLICANTS TO BE ABLE TO HAVE MORE, UH, BEDS. THERE'S NOT A NEED IN THE AREA IF THERE'S A NEW FACILITY THAT'S OPENING UP THAT WILL HAVE, UH, 16 BED CAPACITY AND THERE ARE OTHER BEDS WITH AN AVERAGE OF THREE BEDS OPEN AT ANY GIVEN TIME. SO WHILE THERE IS A, UM, A PERMISSIVE USE, UM, FOR, UM, UNDER THE FEDERAL GOVERNMENT, UM, AMERICANS WITH DISABILITIES ACT, THAT IS ONLY PERMISSIVE WHERE IT MEETS THE CHARACTER, UM, AND LOCATION AND WHERE IT MEETS THE NEED, AND I DON'T BELIEVE THAT THAT NEED IS NECESSARY GIVEN THAT THERE'S OTHER AVAILABILITY AND THAT IT SHOULD NOT BE, UH, THAT THE APPLICANT SHOULDN'T BE PERMITTED TO PURCHASE A HOME KNOWINGLY IN A LOW DENSITY RESIDENTIAL AREA. BEING ABLE TO GET THAT AT A LOWER COST, UM, AND THEN TRY TO CHANGE THE NATURE OF THAT PROPERTY, WHICH WOULD THEN POTENTIALLY ACT AS A PRECEDENT AND CHANGE, UH, THE NEIGHBORHOOD TO, UH, EVERMORE INCREASINGLY, UH, COMMERCIALIZED, UM, AS OPPOSED TO RESIDENTIAL. I BELIEVE THE, UH, FARM ELEANOR FARMSTEADS HAS, UM, THE COMMUNITY AT LARGE HAS SPOKEN AND I ATTENDED, UH, COMMUNITY MEETINGS ON THIS AREA AS WELL AND THEY'RE BOTH BEEN GIVEN RECOMMENDATIONS AGAINST, AND WE WOULD ASK OUR, UH, ZONING COMMISSION TO SAY NO TO THE APPLICANT THAT THEY CAN CONTINUE TO OCCUPY THE RESIDENTS AND RUN SIX BED FACILITY BUT NOT APPROVE THE CHANGE TO 10 OR TO 16 SHOULD THEY TRY TO AMEND THE PETITION AGAIN. THANK YOU. MY NAME IS AMANDA SPENCER, EIGHT EIGHT SIX THREE ROCHELLE ROAD. MY PHONE NUMBER IS (210) 379-5903. HELLO, MY NAME IS DR. ANITA DUARTE AND MY ADDRESS IS 69 53 WRIGHT WAY STREET, 7 8 2 4 0. UM, THE CASE NUMBER I'M INQUIRING ABOUT OR RESPONDING TO IS Z AS IN ZEBRA, 2 0 2 1 1 0 7 0 0 3 5 0. THE PROPERTY ASKING FOR CHANGE IS 69 60 PEMBROKE ROAD. UM, WE ARE CALLING TO JUST TO ISSUE OUR FORMAL CONCERNS AND COMPLAINT ABOUT THE EXPANSION OF THIS PARTICULAR RESIDENCY, UH, COMMERCIAL FOR NURSING HOME SERVICES, ET CETERA. UM, IF THERE'S ANYTHING ELSE WE NEED TO DO, IF YOU HAVE ANY QUESTIONS, OUR NUMBER IS 4 6 9 9 3 9 7 6 2 0. THANK YOU. CASE NUMBER'S D 2 2 1 7 3 5 CD. MY NAME IS JESSICA FARLEY. I RESIDE AT SIXTY EIGHT TWENTY TWO COUNTRY VIEW LANE. MY PHONE NUMBER IS (210) 379-5996. I'M IN OPPOSITION TO THE APPLICANT'S REQUEST TO MODIFY ZONING TO CONDITIONER USE. I LIVE ON THE STREET BEHIND 69 60 PEMBROKE AND A FEW DOORS UP. THE APPLICANTS CHOSE TO PURCHASE THE HOME IN A SINGLE FAMILY LOW DENSITY RESIDENTIAL AREA IN 2018. THEY WERE WELL AWARE OF THE SONY RESTRICTIONS WHEN THEY DID SO. I OWN A MEDICAL REHAB FACILITY AND I KNOW THAT IT'S CHEAPER TO CONDUCT BUSINESS UNDER THESE CIRCUMSTANCES VERSUS IN A COMMERCIAL AREA. WHILE I WOULD LOVE TO RUN MY OWN BUSINESS FROM HOME, IT'S NOT THE APPROPRIATE PLACE DUE TO THE SONY AND NATURE OF THE LOCATION. THE APPLICANT'S BUSINESS IS NOT A CHARITY OR A NONPROFIT ORGANIZATION. RATHER, THIS ASSISTED LIVING CENTER IS MAKING THOUSANDS OF DOLLARS PER BED PER MONTH. ADDING AN ADDITIONAL FOUR BEDS WILL ONLY ADD TO THEIR BOTTOM LINE AT THE EXPENSE OF THE NEIGHBORHOOD. THIS CONDITIONAL USE WILL CHANGE THE CHARACTER OF THE COMMUNITY. IT WILL OPEN DOORS FOR MORE HOMES TO REQUEST CONDITIONAL USE. IT'LL ALTER THE VALUE OF OUR OWN PROPERTIES AND IT WILL INCREASE THE TRAFFIC FLOW WHILE THIS HOME CAN LAWFULLY OPERATE WITH SIX SPECS APPROVING A CHANGE TO 10 BEDS WILL OPEN THE FLOODGATES AND SET PRECEDENTS FOR OTHER BUSINESSES TO CHANGE THE CHARACTER OF THE NEIGHBORHOOD AND SEE THE LOW DENSITY SINGLE FAMILY RESIDENTS TOWARDS HIGH DENSITY COMMERCIALIZED ZONING. THIS WOULD DRIVE DOWN [01:50:01] THE VALUE OF OUR HOMES. IT WILL ALSO MAKE IT MORE DIFFICULT FOR OTHER SINGLE FAMILIES TO MOVE INTO THE NEIGHBORHOOD WHEN BUSINESSES LIKE THE APPLICANTS START TAKING ADVANTAGE OF THE LOWER COST REAL ESTATE TO RUN THEIR BUSINESSES. THIS WILL LEAD TO INCREASED TRAFFIC FOR MORE SERVICES, FOR MORE ASSISTED LIVING RESIDENTS, VISITORS, AMBULANCE SERVICE PROVIDERS AND VENDORS. I CHOSE TO LIVE IN THIS BEAUTIFUL NEIGHBORHOOD BECAUSE OF ITS UNIQUE COUNTRY. FEEL OUTSIDE OF THE CLOUDS OF THE CITY. PLEASE VOTE NO TO UPHOLD THE ORIGINAL SUN AND INTENTIONS FOR THE AREA. THANK YOU FOR YOUR TIME AND HAVE A BLESSED DAY. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS KATHLEEN NANA. I LIVE AT 9 5 2 5 ROCHELLE ROAD. GOOD, GOOD AFTERNOON, COMMISSIONERS. MY NAME IS KATHLEEN NANA. I LIVE AT NINE FIVE TWO FIVE ROCHELLE ROAD. MY PHONE NUMBER IS ONE SIX NINE SEVEN NINE FIVE TWO ONE. I'M CALLING TO SPEAK IN OPPOSITION TO THE CASE ENDING IN THREE FIVE. I'M GONNA SPEAK ABOUT OUR NEW RESIDENTIAL ASSISTED LIVING BUSINESSES. THREE OF THE LAST FOUR ZONING AND PLANNING CASES IN ALAMO FARMSTEADS HAVE INVOLVED RESIDENTIAL ASSISTED LIVING FACILITIES. EACH OF THESE CASES WERE NEW OWNERS THAT RECENTLY MOVED HERE FROM OUT OF STATE WHO WERE INVOLVED IN RESIDENTIAL ASSISTED LIVING FACILITIES AT THEIR PRIOR LOCATION AND WHO HAVE ESTABLISHED RESIDENTIAL ASSISTED LIVING FACILITIES HERE IN ALAMO FARMSTEAD. ONE CAN ASSUME THAT THE TAXES, PROPERTY VALUES AND MORE BUSINESS FRIENDLY LEGISLATION ARE DRIVERS FOR RELOCATING THEIR BUSINESS TO TO SAN ANTONIO. WE KNOW THAT ALAMO FARMSTEADS HAS ADDITIONAL HOMEOWNERS THAT MANAGE REGISTERED AND UNREGISTERED ASSISTED LIVING FACILITIES IN AND AROUND OUR COMMUNITY WHO ARE WATCHING TO SEE WHAT PRECEDENT IS SET WITH THIS CASE. UNTIL THE CITY COMES UP WITH A PLAN ON HOW IT WANTS RESIDENTIAL ASSISTED LIVING COMMUNITY TO GROW IN SAN ANTONIO, THEY SHOULD ONLY GRANT APPROVALS FOR EXPANSION. WHEN A COMMUNITY HAS A NEED AND DESIRES AND INCREASE IN BEDS, THE CITY SHOULD NOT GRANT A REQUEST FOR EXPANSION FOR A BUSINESS EMBEDDED WITHIN A NEIGHBORHOOD WHEN THE ONLY ONE DESIRING THE EXPANSION IS THE BUSINESS. THANK YOU FOR YOUR TIME. HELLO, MY NAME IS KAY SCROGGINS. I'M AT 98 0 3 STRATHAVEN STREET IN SAN ANTONIO, 7 8 2 4 0. I'M CALLING REGARDING CASE NUMBER Z 20 21, 1 0 7 0 0 3 5 0 CD. I'M CALLING TO OPPOSE THIS CASE. I BELIEVE THAT THE NUMBER OF BEDS SHOULD NOT BE INCREASED. WE HAVE, UM, I HAVE A FACILITY THAT WENT IN ACROSS THE STREET FROM ME, UH, OVER A YEAR AGO, AND THEY'RE NOT SUPPOSED TO PARK ON THE STREET AND THEY DO. I'VE TAKEN PICTURES, I HAVE PICTURES TO SHOW IF YOU NEED THOSE. UM, THE LIGHTING, UH, HAS CHANGED OUR NEIGHBORHOOD AND ESPECIALLY BY MY HOUSE. UM, THESE, I'VE INVESTED IN MY PROPERTY HERE IN THIS NEIGHBORHOOD IN ALAMO FARMSTEAD FOR 36 YEARS. AND UM, SO I, THERE WAS A TIME WHEN I WASN'T SURE I'D BE ABLE TO AFFORD THIS PLACE AND IT, BUT IT'S HOME AND IT'S BEEN MY HOME. UM, I FEEL LIKE, UM, THIS, UM, INCREASE IN THE NUMBER OF BEDS [01:55:01] IS PART OF KIND OF A GRADUAL CREEP INTO OUR NEIGHBORHOOD. THERE ARE SEVERAL, UM, PROPERTIES AROUND IN THIS AREA WHO, UH, ARE CONVERTING INTO THIS IS AFTER THEY'RE PURCHASED, THEN THEY'RE CONVERTING INTO THESE HOMES AROUND WITH ADDITIONAL LIGHTING, PARKING LOTS, UM, PEOPLE PARKING OUT, UH, ON THE STREETS, ET CETERA. THESE ARE BUSINESSES AND WHETHER YOU CALL THEM BUSINESSES OR NOT, THEY ARE, THEY HAVE REVENUE, THEY HAVE PROFITS, THERE'S DELIVERY, THEY HAVE EMPLOYEES THAT COME AND WORK THERE. THAT'S A BUSINESS. AND UM, AND THAT'S WHAT'S ACROSS THE STREET FROM MY CURRENT HOME. THERE'S OTHER PROPERTIES THAT HAVE BEEN PURCHASED. OUR NEIGHBORHOOD HAS A HIGHER PERCENTAGE OF THESE KIND OF FACILITIES THAN, UM, MOST NEIGHBORHOODS AND, UH, MAYBE ALL NEIGHBORHOODS. THERE'S KIND OF BEEN A FINDING OF OUR, UM, RURAL, UH, PROPERTIES HERE AND PEOPLE ARE MOVING IN AND CREATING THESE HOMES. SO I AM AGAINST, UH, INCREASING THE NUMBER OF BEDS AND I DON'T WISH, UH, FOR THIS TO HAPPEN AND I HOPE THE CITY WILL SUPPORT US, UH, OUR NEIGHBORHOOD AND, UH, UH, GOING FORWARD. AND SO I THINK THAT YOU SHOULD. SO ANYWAY, THANK YOU VERY MUCH. BYE-BYE. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS LANCE. I LIVE AT 66 36 PENBROOK ROAD. I'M SPEAKING IN OPPOSITION TO THE CASE THREE 50. I'M, I'M GONNA SPEAK ABOUT TRAFFIC. WE AGREE THAT THE MAJORITY OF FAMILY RESIDENTIAL HOMES AND ALAMO FARMSTEAD HAVE A SINGLE FAMILY TRAFFIC PATTERN AROUND THEIR HOME. THAT INCLUDES THINGS LIKE AMAZON AND FEDEX PACKAGE DELIVERY. SO YES, WE HAVE A COMMUNITY FILLED WITH SINGLE FAMILY RESIDENTIAL HOME TRAFFIC PATTERNS. HOWEVER, A SINGLE FAMILY RESIDENTIAL HOME OPERATING AS AN ASSISTED LIVING BUSINESS IS NOT A SINGLE FAMILY, BUT ACTUALLY SEVEN FAMILY, THE OWNERS AND THEIR SIX RESIDENTS. WE WILL ASSUME THE OWNER'S TRAFFIC PATTERN IS THE SAME AS ANY OTHER SINGLE FAMILY IN OUR COMMUNITY. AN ASSISTED LIVING FACILITY ADDS SIX MORE TRAFFIC PATTERNS THAT ARE UNIQUE TO SUPPORT THE RESIDENT, UH, THAT ALL RESIDE AT THE SAME LOCATION. THROUGH OBSERVATION, WE KNOW THAT ADDITIONAL TRAFFIC INCLUDES NURSING OVERTIME AND PT STAFF, UH, NOT OVERTIME, OT AND PT STAFF, MEDICAL SUPPLIES AND VISITING FAMILIES THAT ARE UNIQUE TO EACH RESIDENT. WE ALSO ASSUME THAT THOSE RESIDENTS GET AMAZON AND FEDEX DELIVERIES AS WELL. ADDITIONALLY, EMERGENCY VEHICLES, FIRE INSPECTIONS, CATERING AND ADDITIONAL TRAFFIC OCCURS, UH, THAT ARE NEEDED TO SUPPORT THEIR BUSINESS. AND WHILE A CD OF FOUR MORE RESIDENTS WOULD ABSOLUTELY ADD TO THEIR ADDITIONAL TRAFFIC PATTERNS AT THIS ONE LOCATION, THIS CASE SHOULD FOCUS ON WHETHER THE APPLICANT HAS JUSTIFIED THE COMMUNITY HAS A NEED FOR ADDITIONAL BEDS, WHICH THE APPLICANT HAS NOT DONE OTHER THAN TO ADD TO THEIR BUSINESS MODEL. THANK YOU FOR YOUR TIME. HI, THE, THIS IS FOR CASE. THE LAST THREE DIGITS ARE THREE FIVE OH CD. THIS IS MARTHA WOOLENS. I LIVE AT 8 3 5 7 ROCHELLE ROAD AND I AM IN OPPOSITION TO THIS REQUEST. AS A NEIGHBORHOOD ASSOCIATION AND NOT A HOMEOWNER'S ASSOCIATION, WE RELY ON THE CITY'S ZONING COMMISSION TO PROTECT OUR RIGHTS BY UPHOLDING ZONING RESTRICTIONS, LAND USE PLANS, AND CITY ORDINANCES. I EXPECT NEW BUYERS BEFORE THEIR PURCHASE TO FAMILIARIZE THEMSELVES WITH THE ZONING RESTRICTIONS AND THE COMMUNITY'S LAND USE PLAN. AND FOR THE NEW BUYERS TO NOT EXPECT TO REZONE, I WANT HOUSING IN THIS LOW DENSITY RESIDENTIAL AREA TO REMAIN RESIDENTIAL AND NOT TURN OVER INTO COMMERCIAL ENTERPRISES. I REQUEST THAT YOU DENY THIS REQUEST. THANK YOU. BYE-BYE. HELLO, MY NAME IS MAY BALLARD AND I LIVE AT 98 11 STRATHAVEN AND I'M AN ALAMO FARMSTEADS BOARD MEMBER. I'M SPEAKING IN OPPOSITION TO CASE ENDING 3 5 0 AND I'M GOING TO ADDRESS FINDINGS MADE BY BOARD MEMBERS AND OTHER RESIDENTS REGARDING THE RESPONSE SURVEY RESULTS. OUR NEIGHBORHOOD ASSOCIATION WAS MADE AWARE OF THE ZONING CASE ALONG WITH THE REST OF THE COMMUNITY WHEN THE PUBLIC NOTICE WAS POSTED ON THE PROPERTY. ONLY AFTER THE POSTING WAS MADE DID THE APPLICANT REACHED OUT TO THE ASSOCIATION AS SUGGESTED BY THE CASE MANAGER. A COMMUNITY MEETING WAS ORGANIZED BY THE NEIGHBORHOOD ASSOCIATION AND THE APPLICANT WAS INVITED TO SPEAK ABOUT THEIR PLANS AND HEAR CONCERNS FROM THE COMMUNITY. THERE WAS ABOUT 75% IN OPPOSITION AT THE COMMUNITY MEETING, BUT WE ALSO RECOGNIZED THAT THERE WERE SOME NEARBY RESIDENTS IN FAVOR WHILE SURVEYING [02:00:01] THE COMMUNITY. WE FOUND THE APPLICANTS PETITIONED NEARBY NEIGHBORS PRIOR TO OUR COMMUNITY MEETING. THE APPLICANT PASSIONATELY ADVOCATED FOR THE BUSINESS AND BECAUSE NEIGHBORS WANT TO HELP THEIR FELLOW NEIGHBORS, APPLICANT UNDOUBTEDLY SWAYED SOME INDIVIDUALS, BUT THEY DID NOT GIVE THOSE THAT THEY PREMATURELY PETITIONED THE OPPORTUNITY TO HEAR THEIR FELLOW NEIGHBOR'S CONCERNS. ADDITIONALLY, WHEN REVIEWING THE IN FAVOR RESPONSES, IT WAS NOTED THERE WERE A FAIR AMOUNT OF RESPONDENTS WHO ARE PART OF THE ASSISTED LIVING INDUSTRY, INCLUDING THE APPLICANT'S FAMILY MEMBERS WHO HAVE REGISTERED OR ADVERTISED ASSISTED LIVING FACILITIES OF THEIR OWN OWNERS AND STAFF OF ASSISTED LIVING FACILITIES SUBMITTED IN FAVOR RESPONSES AS WELL. WE BELIEVE THOSE IN FAVOR RESPONSES ARE BIASED INDIVIDUALS, MANY OF WHOM DO NOT LIVE IN OUR COMMUNITY AND WHO DID NOT COME TO THE DISCUSSION OBJECTIVELY, YOUR PERCEPTION IS FROM A BUSINESS POINT OF VIEW AND THEY ARE NOT IMPACTED IN THE SAME WAY AS THE RESIDENTS IN OUR NEIGHBORHOOD. IT IS ALSO NOTED SEVERAL FAMILY MEMBERS OF EXISTING OR FORMER RESIDENTS GAVE STATEMENTS TO THE QUALITY OF CARE THAT PECAN VIEW PROVIDES. PECAN VIEW, OF COURSE, IS THE NAME OF APPLICANT'S BUSINESS. WHILE WE CAN ALL APPRECIATE THE QUALITY OF CARE HIS FACILITY PROVIDES, IT DOES NOT SPEAK TO THE REAL ISSUE. THE REAL ISSUE IS THAT THEIR DESIRE TO INCREASE THE SIZE OF THEIR BUSINESS IS IN THE MIDDLE OF A SINGLE FAMILY RESIDENTIAL ESTATE BLOCK. AT THE NEIGHBORHOOD MEETING THE APPLICANT DID IN FACT CONFIRM HE IS RUNNING A BUSINESS AND THAT IS THE CRUX OF THE PROBLEM. APPLICANT FAILED TO DEMONSTRATE THAT THEIR REQUEST FOR CONDITIONAL USE IS NECESSARY FOR EQUAL PROTECTION PURPOSES. APPLICANT'S REQUEST ONLY SERVES THEIR PURPOSES AND THEIR PURPOSE IS SOLELY TO INCREASE REVENUE FOR THEIR BUSINESS. SINCE WE LIVE IN THE HEART OF THE MEDICAL CENTER, THERE ARE NUMEROUS ASSISTED LIVING FACILITIES AROUND OUR BO BOUNDARIES WITH VACANCIES TO SATISFY EQUAL PROTECTION OR EQUAL OPPORTUNITY GOALS. BUT THERE IS A CLEAR DISTINCTION WHERE MEDICAL SERVICES END AND RESIDENTIAL HOMES BEGIN. WE ASK THE BOARD TO DENY THE APPLICANT'S REQUEST AND PRESERVE THE INTEGRITY OF PEMBROKE ROAD AS A RESIDENTIAL BLOCK AND NOT AN EXTENSION OF THE MEDICAL CENTER BECAUSE APPLICANT FAILED TO MEET HIS BURDEN TO SHOW THAT HIS REQUEST IS IN FACT NECESSARY. THANK YOU. HELLO, MY NAME IS NANCY BRA. I LIVE AT 64 0 3 BROOK WAY DRIVE, SAN ANTONIO, TEXAS 7 8 2 4 0. I WOULD LIKE TO COMPLAIN ABOUT, UM, REZONING OF OUR NEIGHBORHOOD FOR, UM, ASSISTED LIVING PLACES. WE'VE GOT TWO OF THEM IN THERE NOW AND THEY'RE HORRIBLE. THE CASE NUMBER THAT'S ON TOMORROW'S AGENDA IS Z 2 0 2 1 1 0 7 3 5 CD. THE ONE UP ON BROOK LOOKS LIKE A BIG BUSINESS. IT'S GOT THE PARKING A PARKING LOT IN THE FRONT WITH ABOUT 10 CARS IN THE DRIVEWAY RIGHT NOW IN THE PARKING LOT. AND I DON'T THINK THAT OUR NEIGHBORHOODS SHOULD BE OPPOSED, SHOULD BE SUBJECTED TO BUSINESSES. THE ONE ON HOLLY HAWK IS LOOKING LIKE A TRASH YARD AND I I, I BOUGHT MY HOUSE 34 YEARS AGO AND I JUST FEEL LIKE I'M BEING RUN OUT OF MY OWN HOUSE FROM THIS STUFF. I MEAN, IT'S NOT FAIR THAT BUSINESSES ARE MOVING INTO OUR NEIGHBORHOODS AND JUST TAKING OVER. PLEASE STOP THIS BUSINESS. THANK YOU. YES, MY NAME IS RICHARD MARTINEZ. I LIVE AT 68 50 PEMBROKE ROAD AND I'M CALLING IN REGARDS TO CASE NUMBER 3 5 0 CD. AND I AM IN OPPOSITION THAT A SINGLE FAMILY DWELLING B CHANGED TO A COMMERCIAL, UH, TO A COMMERCIAL RESIDENTIAL AREA FOR BUSINESS PURPOSES. AND THAT JUST CHANGES EVERYTHING ABOUT THIS BEAUTIFUL NEIGHBORHOOD THAT IS SINGLE LIVING, A SINGLE LIVING DWELLING, UH, NEIGHBORHOOD. AND IT SHOULD STAY AS SUCH. AND IF THEY WANT TO INCREASE THEIR BUSINESS, FINE, THEY CAN MOVE TO A COMMERCIALLY ZONED AREA. THANK YOU. BYE. I'M CALLING ABOUT Z 2 0 2 1 1 7 3 5 0 CD. MY NAME IS SANDRA EDWARDS. I LIVE AT 67 53 PEMBROKE ROAD. I'M IN OPPOSITION TO THE CHANGE DOWN OUR STREET. I LEFT A PREVIOUS MESSAGE WHICH STILL STANDS. I AM IN OPPOSITION TO THE CHANGE AFTER 32 YEARS ON PEMBROKE ROAD. I THINK IT'S A SHAME THAT I AND MANY OF MY NEIGHBORS ON PEMBROKE ROAD NOW GO OUTSIDE. AND THE FIRST THOUGHT WE HAVE IS ABOUT THIS MONEY MAKING BUSINESS, TRYING TO GROW AND PROFIT [02:05:01] IN THE MIDDLE OF OUR NEIGHBORHOOD AND ON OUR STREET. WE USED TO GO OUT AND LOOK AT BEAUTIFUL YARDS, SEE KIDS PLAYING AND PARENTS TALKING TO NEIGHBORS. BUT NOW IT'S ALL ABOUT THIS BUSINESS TRYING TO GROW IN A NEIGHBORHOOD THAT WAS A HAPPY, PEACEFUL PLACE FOR FAMILIES TO ENJOY. THEY HAVE THEIR SIX BEDS. PLEASE DO NOT CHANGE OUR OUR FAMILY NEIGHBORHOOD ANYMORE. VOTE NO. PLEASE LISTEN TO MY MESSAGE THAT I LEFT PREVIOUSLY AS WELL. THANK YOU. YES, I'M CALLING ABOUT ZONING CASE 3 5 0 CD. I AM MY NAME IS SUE SNYDER. I AM PRESIDENT OF THE OAKLAND STATES NEIGHBORHOOD ASSOCIATION AND I RESIDE AT FIVE SIX FIVE FIVE LOCKHILL ROAD. MY PHONE NUMBER IS (210) 316-1348. I AM IN OPPOSITION AS ARE MOST OF THE RESIDENTS I'VE SPOKEN TO. UH, I WANT TO STATE THAT THIS IS A RESIDENTIAL NEIGHBORHOOD AND PEOPLE HAVE A RIGHT TO EXPECT RESIDENTIAL BEHAVIOR AND THE CITY HAS SPENT A LOT OF EFFORT IN TRYING TO ASCERTAIN WHAT, WHAT LIMITS TO PUT ON THESE, UH, FACILITIES. SO LET'S NOT OVERREACH AND UNDERMINE WHAT THE CITY HAS SPENT A GREAT DEAL OF TIME AND THOUGHT ON. PLEASE DO NOT ALLOW THIS ZONING CHANGE. THANK YOU. UH, YES. MY NAME IS WILLIAM SCOTTER. I LIVE AT 67 20 PEMBROKE ROAD, SAN ANTONIO, SEVEN EIGHT TWO FOUR ZERO. UH, THE CALL IS REGARDING CASE NUMBER Z 2 3 5 AND IT REGARDING THE PROPOSED ZONING DISTRICT CHANGE FOR ADDRESS 69 60 PEMBROKE ROAD. AND MY POSITION OF THIS IS IN OPPOSITION AND THE REASON FOR THAT IS MY WIFE DEBBIE AND I HAVE BEEN ON ON PEMBROKE ROAD FOR THE LAST 25 YEARS AND WE'VE BEEN VERY FORTUNATE TO HAVE BEEN ABLE TO, UH, PURCHASE OUR HOME WHERE WE RAISED OUR FAMILY AND WE WANNA KEEP THE INTEGRITY OF THE NEIGHBORHOOD THAT WAY. UH, WE DON'T WANT A COMMERCIAL, UH, ENTERPRISE ON OUR STREET THAT IS DESIGNED, UH, FOR RESIDENTIAL. WE WANNA KEEP THE INTEGRITY OF THE NEIGHBORHOOD AND YOU CAN SEE THE, UM, WHAT A GEM IT IS TO HAVE THIS COUNTRY SETTING IN THE MIDDLE OF SAN ANTONIO. AND SO WE WANNA MAKE SURE THAT THE RESIDENTIAL STATUS LIVES ON AND, UH, AGAIN, I'M IN OPPOSITION OF ANY KIND OF COMMERCIAL ENTERPRISE EXPANDING IN A RESIDENTIAL NEIGHBORHOOD. SO PLEASE, UH, PLEASE, UH, KEEP THIS IN MIND AND VOTE, UH, NO AS WELL, UH, FOR THESE FOLKS AT, UH, 60 PEMBROKE TO EXPAND THEIR, THEIR COMMERCIAL RESIDENCE. I MEAN THEIR RESIDENTIAL, UH, HOMESTEAD AS A PLACE OF BUSINESS. THANK YOU. THAT CONCLUDES THE VOICEMAIL, SIR. VERY GOOD. MR. MR. GILLICK. UM, A BRIEF REBUTTAL, SIR. THANK YOU ALL FOR YOUR PATIENCE. IS THIS ALL? I THINK SO I'LL SPEAK UP. I LIKE . ALRIGHT, I LOST 10 SECONDS. , I'D LIKE TO START BY SAYING I'M NOT HERE TO DEBATE IF WE ARE OR ARE NOT A BUSINESS. WE'RE CLEARLY THERE OPERATING AS A SIX SIX BED FACILITY BY RIGHT. AND WE HAVE A PROVEN TRACK RECORD OF BEING IN COMPLIANCE WITH STATE AND CITY REGULATIONS. WE'RE ALSO A SERVICE TO OUR COMMUNITY. IT ABSOLUTELY IS POSSIBLE TO BE BOTH. IT DOES NOT HAVE TO BE ONE OR THE OTHER. IF ANYONE HAS ANY EXPERIENCE CARING FOR SOMEONE WHO CAN NO LONGER CARE FOR THEMSELVES, THEY'LL KNOW THAT IT'S NOT AN EASY SERVICE TO PROVIDE AND IT'S AN ABSOLUTE NECESSITY FOR OUR COMMUNITY. THE NEED IS THERE. OUR POPULATION IS AGING AND CONTINUING TO AGE, AND THERE WILL BE A NEED FOR SERVICES LIKE THE ONE THAT WE PROVIDE. WE GET ABOUT ONE TO FOUR INQUIRIES PER WEEK OR ABOUT FIVE TO 15 PER MONTH. WE'RE CONSTANTLY FULL. THIS IS A LONG-TERM CARE SETTING. OUR AVERAGE DAY IS OVER A YEAR. UH, WHAT I AM HERE TO DISCUSS TODAY IS THE FOLLOWING IS OUR REQUEST TO ADD AN ADDITIONAL FOUR RESIDENTS TO OUR CENSUS CONSIDERED REASONABLE. I'D JUST LIKE [02:10:01] TO POINT BACK ONCE AGAIN TO SECTION 35 3 76 IN THE SAN ANTONIO U D C WITH REGARDS TO ASSISTED LIVING. ACCOMMODATION IS ENCOURAGED, GIVEN A REASONABLE REQUEST TO ACCOMPLISH THE GOALS AND POLICIES OF THE FAIR HOUSING ACT AS FAR AS I CAN FIND IN THE U D C AND I COMBED THROUGH IT QUITE A BIT. NOT ALL OF IT. THIS IS THE ONLY PLACE I FOUND WHERE A CD IS ENCOURAGED. UH, I'VE DONE MY BEST TO GET OUT IN OUR COMMUNITY, TALK WITH OUR NEIGHBORS AND UNDERSTAND WHAT THEIR CONCERNS MAY BE. AND I BELIEVE THAT I'VE DEMONSTRATED BEYOND A REASONABLE DOUBT THAT PARKING IS NOT AN ISSUE. TRAFFIC IS NOT A CONCERN IN THIS CASE AS WE ESTABLISHED LAST, UH, IN OUR LAST MEETING AS WELL. RESTRICTED ANY FUTURE IMPROVEMENTS TO THE REAR OF THE BUILDING TO MAINTAIN THE FRONT STRUCTURE IN ITS CURRENT, UH, SHAPE. SUCH SHOULD CHANGE TAKE PLACE. IF WE WERE A GRANT TO THE CD, IT WOULD ALL BE TO THE REAR OF THE PROPERTY. YOU WOULD ALMOST HAVE NO, UH, YOU WOULDN'T BE ABLE TO NOTICE THAT ANYTHING CHANGED. HONESTLY. UH, THERE ARE ADDITIONAL DEVELOPMENT CONSTRAINTS THAT COME ALONG WITH CONDITIONAL USE IN RESIDENTIAL SETTING. WE'RE OKAY WITH ALL OF THEM. WE'RE NOT ASKING FOR ANY VARIANCES. WE'RE NOT ASKING FOR A CHANGE IN BAY ZONING TO AN MF 18 OR AN MF 25 THAT WOULD OPEN UP THE DOOR TO COMMERCIALIZATION. I AGREE. WE'RE NOT ASKING TO SUBDIVIDE THE LAW TO AN R 20. MY UNDERSTANDING IS THAT THE R E C D IS APPROPRIATE GIVEN THE PROPERTY WILL CONTINUE TO PERMIT RESIDENTIAL DEVELOPMENT. THE BASE ZONING RE REMAINS UNCHANGED. THE CONDITIONAL USE WILL ONLY PERMIT THE INCREASE IN RESIDENCE FOR OUR SPECIFIC USE ASSISTED LIVING FACILITY. ASSISTED LIVING IS CLEARLY DEFINED IN THE TEXAS ADMINISTRATIVE CODE. IT DOES NOT COVER BOARDING HOMES, NURSING FACILITIES, HALFWAY HOUSES, REHAB CENTERS, NONE OF THOSE ASSISTED LIVING. IT'S CLEARLY DEFINED. WE'RE HONESTLY TRYING TO MAKE THIS WORK FOR AS MANY PEOPLE AS POSSIBLE. I'M OPEN TO ANY RECOMMENDATIONS THAT ZONING COMMISSION MAY HAVE. I'LL BE AVAILABLE FOR QUESTIONS, COMMENTS, OR CONCERNS. THANK YOU. THANK YOU SIR. ALRIGHT, THIS IS A DISTRICT SEVEN CASE. UM, SO I WILL TURN IT OVER TO COMMISSIONER SIPES FOR QUESTIONS. ALRIGHT, THANK YOU. LEMME TAKE A BREATH. UM, I SAY DO I HAVE A LIMIT ON QUESTIONS AND TIME? OH, SORRY. NO. UM, CLOCK IS TICKING. I KNOW IT IS. I KNOW IT IS. I KNOW IT IS. AND BELIEVE IT OR NOT AT, AT THIS TIME, I, YOU KNOW, I, I THINK I ASKED ALL MY QUESTIONS, UM, AT THE, AT THE PREVIOUS MEETING. UM, AND SO AT THIS TIME I ACTUALLY DON'T HAVE ANY QUESTIONS, BUT I'LL SEE IF, IF SOMETHING THAT A FELLOW COMMISSIONER SAYS TRIGGERS SOMETHING IN MY HEAD. VERY GOOD. UH, COMMISSIONERS TO MY LEFT QUESTIONS, I'M READY TO VOTE. . OKAY. THAT'S DEFINITELY AN OPINION. UH, OKAY. SEEING NO QUESTIONS TO MY LEFT, QUESTIONS TO MY RIGHT. UH, COMMISSIONER MCDANIEL QUESTIONS? YES, YES. THANK YOU. SO I, I WOULD LIKE SOME CLARIFICATION FROM STAFF ON THIS, PLEASE. UM, SO MY FIRST QUESTION IS, KATT ARE ASSISTED LIVING FACILITIES REQUIRED TO REGISTER AS THOSE KINDS OF, UH, BUSINESSES WITH THE CITY ASSISTED LIVING FACILITIES ARE NOT REQUIRED, UH, TO REGISTER REGISTERS, UH, FOR LICENSES WITH THE CITY OF SAN ANTONIO. BOARDING HOMES ARE, SO THEY'RE A LITTLE DIFFERENT THAN, UH, BOARDING HOMES, HOWEVER, THEY'RE CLASSIFIED SIMILARLY IN OUR CODE. OKAY. HOWEVER, THEY WILL HAVE TO COMPLY WITH ALL OF THE STATE, UH, REQUIRED LICENSING PROCEDURES. OKAY. AND, UM, SO OUR ZONING CODE, UH, RIGHT NOW CORRELATES TO WHAT THE STATE ALLOWS, WHICH IS A DENSITY OF SIX BEDS PER HOUSE OR PROPERTY. IS THAT CORRECT? YES. IN, UH, 2012, THE CITY WENT THROUGH AN EXTENSIVE PUBLIC PROCESS TO ADOPT, UH, THE CURRENT REGULATIONS RELATED TO ASSISTED LIVING FACILITIES, UH, BOARDING HOMES AND COMMUNITY HOMES. UM, THIS WAS IN RESPONSE, UH, TO THE 2009 TEXAS, UH, LEGISLATIVE SESSION, UH, WHERE THEY UPDATED THEIR REGULATIONS IN ORDER TO MAKE SURE THAT THERE WEREN'T ANY DISCRIMINATORY PRACTICES THAT CITIES WERE, WERE DOING RELATED TO THESE USES. OKAY. AND THEN I, I WANT TO BE SURE I UNDERSTAND OUR DENSITY ISSUE HERE. SO THIS IS AN RE LOT UNDER RESIDENTIAL USE. WHAT WOULD THE MAXIMUM DENSITY BE FOR DEVELOPMENT ON THIS PROPERTY? SO BY RIGHT, UM, ASSISTED LIVING FACILITIES ON A SINGLE FAMILY ZONED PROPERTY IS ALLOWED UP TO SIX RESIDENTS. OKAY. AND IF THIS PARTICULAR BUSINESS OR ANOTHER BUSINESS THAT COMES ALONG THAT'S IN THAT COMMUNITY OR ANY OTHER COMMUNITY WERE TO COME AND ASK BECAUSE THEY'RE ON AN RA LOT, THAT THEY WANTED TO GO UP TO [02:15:01] A DENSITY OF 16 OR 17, UM, BEDS, WOULD THAT BE ALLOWED OR, I MEAN, THAT WOULD TRIGGER A ZONING CONSIDERATION, IS THAT CORRECT? SO LET ME JUST CLARIFY. THESE ARE RESIDENTIAL USES. THESE ARE HOMES THAT ARE PROVIDED TO PEOPLE WITH DISABILITIES IN ORDER TO LIVE IN RESIDENTIAL COMMUNITIES, UH, FREE OF DISCRIMINATION. UH, SO AGAIN, THESE ARE RESIDENTIAL, UH, COMMUNITIES. THE, THE CONDITIONAL USE REZONING PROCESS ALLOWS FOR THE DIS DISCRETIONARY REVIEW BY ZONING COMMISSION AND CITY COUNCIL TO DETERMINE THE APPROPRIATE, APPROPRIATE DENSITY OR INTENSITY. SO JUST LIKE FOR ANY MULTIFAMILY TYPE, UH, REZONING, YOU'RE LOOKING AT DENSITY IS THAT, IS THAT DENSITY APPROPRIATE ON THAT STREET IN THAT LOCATION? SO THAT'S WHAT THIS REZONING PROCESS IS. SO AGAIN, UP TO SIX BY RIGHT, UH, BETWEEN SEVEN AND 16 RESIDENTS REQUIRES A REZONING TO DETERMINE IF THAT DENSITY IS APPROPRIATE AT THAT LOCATION. OKAY. SO IF, UH, THIS ZONING WERE TO PASS COUNSEL AND IN A YEAR OR SO THE BUSINESS DECIDES TO COME BACK AND REQUEST ANOTHER REZONING TO TAKE IT UP TO 16, THAT WOULD, UH, BE ALLOWED. IT WOULD BE ANOTHER RECONSIDERATION AT THAT POINT THEY HAVE THE ABILITY TO APPLY IN ORDER TO REZONE AND THEY WOULD HAVE TO GO THROUGH THE PUBLIC INPUT PROCESS AGAIN. OKAY. SO REAPPLY IF THEY DECIDE TO GROW THEIR BUSINESS AGAIN TO UP TO 16. CORRECT. IF THEY, IF THEY WANNA ADD MORE RESIDENTS TO THE HOME, THEN YES, THE HOME, THEN YES, THEY WOULD HAVE TO GO THROUGH A REZONING PROCESS. OKAY. THANK YOU. AND THEN, SO TELL ME THEN ABOUT THE COMMUNITY PLAN. 'CAUSE I KNOW, I MEAN, WE WE'RE ALWAYS, IT SEEMS, REVIEWING OUR PLANS AND I THINK WE JUST COMBED THROUGH THIS ONE A FEW YEARS AGO, AND THE, UH, THE REQUEST TO GROW THE DENSITY ON THIS PARTICULAR BUSINESS DOESN'T, UH, NECESSARILY WORK WITH THE, THE LOW DENSITY COMPONENT OF THE PLAN. IS THAT CORRECT? SO THE REQUEST IS NOT TO CHANGE THE BASE, THE REQUESTED RE BASED ZONING DISTRICT IS CONSISTENT WITH THE LOW DENSITY RESIDENTIAL ESTATE. THE CONDITIONAL USE IS JUST LOOKING AT THE APPROPRIATE DENSITY FOR THIS USE. OKAY. SO THAT SAID, THEN STAFF IS NOT SUPPORTING THIS BECAUSE IT'S MORE OF A COMMERCIAL TYPE USE AND EVEN THOUGH I UNDERSTAND IT'S SERVING A RESIDENTIAL PURPOSE, IT'S MORE A COMMERCIAL TYPE USE AND SHOULD THEN BE, UM, POSITIONED MORE ALONG MAJOR CORRIDORS OR MAYBE AT THE ENDS OR ENTRANCES OF CITY STREETS AND BLOCKS? LET ME JUST CLARIFY. STAFF DOES NOT SEE THIS AS A COMMERCIAL USE. WHAT WE'RE LOOKING AT IS THE INTENSITY FOR THE LOCATION ALONG THIS BLOCK. THE INTENSITY TO ADD THE REQUEST TO ADD MORE DENSITY IS NOT APPROPRIATE IN THIS AREA. THAT IS, UH, MOSTLY SINGLE FAMILY WITH A DENSITY THAT'S LESS. OKAY. THANK YOU. UM, I THINK THAT'S ALL THE QUESTIONS I HAVE. THANK YOU. ALRIGHT, THANK YOU. COMMISSIONER MCDANIEL, UH, COMMISSIONER SIPES BACK TO YOU. ANYTHING KNOCKED LOOSE? NOT, NOT REALLY . UM, SO AT THIS TIME I'M, I'M GOING TO MAKE A MOTION, UM, AND THEN I'LL EXPLAIN MY MOTION IN A LONG, LENGTHY PROCESS. VERY GOOD. NO, UM, I AM, UH, GOING TO BE MAKING A MOTION FOR DENIAL. AND, AND, AND THE REASON IS, UM, THAT, UM, IT, AND I'LL, I'LL JUST PREFACE THAT BY SAYING IT, IT'S A VERY DIFFICULT CASE. IT IS NOT, UH, AS, UH, CUT AND DRIED AS I THINK THAT IT WOULD AT FIRST APPEARANCE BE. UM, I, I, I BELIEVE THAT THERE IS A NEED FOR THESE FACILITIES, I BELIEVE THEM TO BE RESIDENTIAL IN NATURE. UM, AND I, I BELIEVE THAT THE, THE CURRENT OWNERS ARE, ARE, ARE, UM, I DON'T, I ALMOST SAID, UH, GOOD PROPRIETOR, BUT I'M NOT SURE IF THAT'S THE CORRECT TERM OR NOT, BUT, UM, UPSTANDING INDIVIDUALS, HOW ABOUT THAT? UM, BUT THE REASON I WILL BE MAKING A MOTION FOR DENIAL IS BECAUSE, UM, WE'RE NOT PREVENTING THE USE AS AN ASSISTED LIVING FACILITY. WE'RE ONLY PREVENTING THE EXPANSION. AND, UM, SOME OF THE COMMENTS TODAY, YOU KNOW, I I THOUGHT WERE, WE'RE, WE'RE WE'RE NEW AND, AND INTERESTING. UM, AND ONE OF THE, ONE OF THE ONES THAT I WROTE DOWN WAS THAT, UM, THAT I HAD NOT EVEN THOUGHT ABOUT WAS THAT WE DO CONDITIONAL USES AND A LOT OF TIMES WE'RE, WE, WE SAY, WELL, IT KEEPS [02:20:01] THE BASE ZONING AND, AND KIND OF WITH THE IDEA THAT, YOU KNOW, IT COULD BE IN THE FUTURE TURNED BACK INTO WHAT ITS BASE ZONING WAS, YOU KNOW, RESIDENTIAL OR WHATEVER LIKE THAT. AND THE, THE PROPOSAL WHICH WOULD ADD ADDITIONAL SQUARE FOOTAGE. I, I ACTUALLY DO BELIEVE THAT ALL OF A SUDDEN ONCE YOU GET TO 7,200 SQUARE FEET, I KNOW THERE ARE, THERE ARE HOMES THAT ARE THAT LARGE IN, IN SAN ANTONIO, BUT, BUT ON THAT, BUT IT DOES GO BEYOND WHAT COULD BE EFFECTIVELY TURNED BACK INTO A, A SINGLE FAMILY HOME. UM, I ALSO, UH, ONE, ONE OF THE COMMENTS WAS THAT THIS IS AN OLDER AREA WITH A NEIGHBORHOOD ASSOCIATION VERSUS A HOMEOWNER'S ASSOCIATION. AND I LIVE IN SUCH AN AREA. UM, AND I DO KNOW THAT WE DO RELY ON THE, ON THE CITY AND ITS COMMISSIONS AND CITY COUNCIL TO KIND OF HELP DEFEND US BECAUSE WE, YOU KNOW, WE DON'T HAVE A MANDATORY ASSOCIATION. UM, AND, AND SO WE KIND OF RELY ON, ON, ON, ON MECHANISMS WITHIN THE CITY TO HELP PRESERVE, UM, OUR COMMUNITIES. UM, AND, UH, THE, THE, I GUESS I AGREE WITH STAFF, YOU KNOW, THIS IS, THIS IS IN THE MIDDLE OF A BLOCK. WE'RE NOT ON THE EDGE. AND THIS IS, UM, IF, IF YOU LOOK AT THE, UH, BOUNDARIES OF THE ASSOCIATION ITSELF, IT IT'S A HUGE ASSOCIATION WHICH HAS OVER TIME PARTS HAVE BEEN CARVED OUT FOR, UH, A, A A, A SMALLER SUBDIVISION AND ANOTHER PARK CARVED OUT FOR ANOTHER SUBDIVISION AND TO, SO THERE'S, THERE'S A SMALL CORE KIND OF LEFT OF, OF WHAT ALAMO FARMSTEADS ORIGINALLY WAS. UM, AND SO THEN TO INTRODUCE AN ADDITIONAL DENSITY, A LEVEL OF DENSITY IN THE VERY CENTER, KIND OF IN MY OPINION, WOULD, WOULD HASTEN THE EROSION OF, OF, OF WHAT WAS LEFT OF ALAMO FARMSTEADS. UM, I NOTE THAT OAKLAND ESTATES ALSO WAS IN OPPOSITION BECAUSE THERE ARE VERY SIMILAR TYPE OF, OF ASSOCIATION AND, AND AND NEIGHBORHOOD, UM, LARGE LOTS. UM, AND THE FINAL COMMENT WAS, UM, BECAUSE I'VE HEARD THIS IN THE PAST, WHEN, WHEN WE'VE, WHEN THERE HAVE BEEN, WHEN NEIGHBORHOODS HAVE BEEN AGAINST WHAT COULD BE TERMED AS PROGRESS OR DEVELOPMENT, THAT, OH, WELL YOU'RE JUST NIMBY AND I, I AGREE WITH THE, THE HOMEOWNER THAT SAID, NO, WE'RE NOT NIMBY. WE HAVE TWO ON OUR STREET RIGHT NOW. SO WE'RE NOT AGAINST THE FACILITIES, WE'RE JUST AGAINST THE EXPANSION. AND SO WITH THAT, UM, I WILL BE, UH, I MOVE FOR DENIAL OF, OF THIS ITEM. ALRIGHT. THERE IS A MOTION FOR DENIAL BY COMMISSIONER S SIPES. IS THERE A SECOND? SECOND, UH, COMMISSIONER GREATHOUSE SECOND, UH, DISCUSSION COMMISSIONER TO MY LEFT. COMMISSIONER BOTTLES? NOPE, NOPE. JUST A COUPLE OF COMMENTS AND, AND OBSERVATIONS. SO, UM, IF THE APPLICANT, UH, DOESN'T GET THE APPROVAL, HE CAN STILL TAKE THIS DIRECTLY TO CITY COUNCIL? THAT IS CORRECT. SO ZONING COMMISSION IS A RECOMMEND RECOMMENDATION ONLY HE CAN STILL PROCEED TO CITY COUNCIL. OKAY. YOU KNOW, WE, WE'VE HAD A LOT OF, UH, INFORMATION TODAY THAT WAS PROBABLY NOT PROVIDED IN THE LAST COUPLE OF MEETINGS. UH, A LOT OF RESIDENTS ARE HERE, UH, THEY PUT A LOT OF HOURS AND I, I UNDERSTAND THE PROCESS THAT, UH, IF THIS WAS IN A CORNER, I THINK IT WOULD'VE BEEN A LOT EASIER IN A CORNER INTERSECTION INSTEAD OF IN THE MIDDLE OF A NEIGHBORHOOD. UH, BUT I ALSO HEARD THAT ANYONE COULD COME IN, UH, BUY, PURCHASE ANOTHER HOME AND OPEN ANOTHER SENIOR LIVING ASSISTANT WITH SIX MORE BEDS. SO, UH, IT IS A VERY TOUGH CONFLICT THAT I HAVE. BUT I UNDERSTAND THE RESIDENTS VERY, VERY WELL BECAUSE, UH, THIS SHOULD HAVE BEEN PROBABLY PLACED IN, IN AN INTERSECTION WHERE THEY DON'T HAVE TO GO THROUGH AN ENTIRE NEIGHBORHOOD AND CHANGE THE, UM, THE ENVIRONMENT OF THE NEIGHBORHOOD. UM, BUT I ALSO, YOU KNOW, I'VE HEARD GREAT COMMENTS ABOUT THEIR, THE APPLICANT, GOOD OPERATORS, AND IT'S SOMETHING THAT WE'RE GONNA SEE MORE AND MORE NEEDS IN THE COMMUNITY. I GOTTA TELL YOU, OUR POPULATION, WE WERE TALKING HERE WITH MY PARTNER IN CRIME, UH, WE'RE GETTING OLDER AND, UH, WE'RE PROBABLY GONNA BE RESIDENT SOMEDAY. SO, UM, THIS IS SOMETHING THAT IS NOT GONNA STOP, UH, OR IN, IN THE SENSE OF APPLICATIONS [02:25:01] FOR SENIORS ASSISTED LIVING ALL OVER THE CITY AND EVERY, UM, EVERY DISTRICT OF THE 10 CITY COUNCIL DISTRICTS. SO, UM, I FEEL LIKE WE HAVE A LOT MORE INFORMATION ABOUT IT. UM, SO I, I WILL PROBABLY GO WITH THE STAFF RECOMMENDATION TO THE, UH, TODAY. ALRIGHT, THANK YOU. COMMISSIONER BOTTLES. UH, COMMISSIONER WHITE. YEAH, JUST COMMEND ALL THE RESIDENTS FOR COMING OUT. UM, THANK YOU FOR DOING THAT. UM, I'M VERY, VERY TORN ON THIS ONE. UM, I, I, IF THIS ASSISTED LIVING FACILITY WAS NOT THERE IN THE FIRST PLACE AND THEN WAS ALL OF A SUDDEN NOW TRYING TO JUMP IN THERE, UH, IN THE MIDDLE OF THE BLOCK, UM, I THINK I WOULD HAVE MORE OF A PROBLEM WITH IT. BUT THE FACT THAT IT'S ALREADY THERE AND WE'RE JUST GOING FROM SIX TO 10 BEDS, I THINK THAT I BELIEVE THE APPLICANT HAS SHOWN TODAY THAT, UM, THERE ISN'T GONNA BE THIS, THIS INCREASED ADVERSE IMPACT, UM, ON, ON THE NEIGHBORHOOD. UM, THAT SAID, UH, YOU KNOW, ON THE CLOSE CALLS, I USUALLY LIKE TO DEFER TO THE COMMISSIONER WHO, UH, WITHIN WHOSE DISTRICT, UH, THE PROPERTY IS BECAUSE THEY JUST KNOW THE AREA BETTER THAN I DO. UM, AND WE ALSO HAVE THE FACT HERE THAT THAT STAFF WHO AS ALWAYS HAS, HAS DONE THEIR DUE DILIGENCE ON THIS, UM, HAS ALSO RECOMMENDED DENIAL. SO, UM, ALL THAT'S TO SAY THAT I'M TORN. THANK YOU, COMMISSIONER WHITE, COMMISSIONER WATSON. UH, WHEN I FIRST STARTED LEARNING ABOUT ZONING SEVERAL YEARS AGO, I THINK I HEARD A PHRASE THAT SAID BOTH MARRIAGE AND LIFE ARE TEMPORARY, BUT ZONING IS FOREVER. AND, UM, IN LIGHT OF THE INFORMATION PRESENTED TODAY, UM, THAT IS SOMETHING THAT I THINK WILL INFORM MY DECISION, UM, ESPECIALLY SINCE THIS IS A NEIGHBORHOOD ASSOCIATION AND NOT, UM, AN H O A REPRESENTED NEIGHBORHOOD THAT HAS THE BENEFIT OF PROFESSIONALS AND ATTORNEYS, UM, TO ENSURE THEIR NEIGHBORHOOD IS PROTECTED. UM, AS THE APPLICANT HAS STATED, UM, BY RIGHT, THEY CAN, YOU KNOW, HAVE THIS FACILITY, THEY'RE DOING A GREAT JOB AS OPERATORS. THEY HAVE SOME SUPPORT FROM THE COMMUNITY, THEY ARE GOOD NEIGHBORS. UM, IF THEY KNEW THAT THERE WAS GOING TO BE A POTENTIAL FOR EXPANSION, THEY COULD HAVE PURCHASED A PROPERTY THAT WAS NOT IN THE MIDDLE OF A RESIDENTIAL BLOCK. UM, GOING INTO A NEIGHBORHOOD PLAN FOR THE FUTURE, UM, THE NEIGHBORHOOD PLAN DOES NOT ALLOW FOR THIS KIND OF DENSITY. IT IS NOT APPROPRIATE IN THE MIDDLE OF A RESIDENTIAL BLOCK. UM, I COMMEND THE WORK THAT YOU'RE DOING. CARING FOR THE ELDERLY IS, UM, AN INCREDIBLY CHALLENGING TASK. AND IT SOUNDS LIKE YOU'RE DOING A FANTASTIC JOB, BUT THAT DOES NOT MEAN THAT IT SHOULD BE AT THE EXPENSE OF THE COMMUNITY. UM, AND, UH, WITH THAT STATED, I WILL BE SUPPORTING THE MOTION. THANK YOU COMMISSIONER WATSON. UH, COMMISSIONERS TO MY RIGHT, UH, COMMISSIONER MCDANIEL DISCUSSION. YES, THANK YOU. I TOO WILL BE SUPPORTING MY MOTION AND ECHOES. IT IS A DIFFICULT CASE, UH, IN ONE REGARD IN THAT YES, THERE IS A DEMAND FOR THOSE KINDS OF SERVICES. HOWEVER, I ALSO LOOK AT PROTECTING THE, UM, THE NEIGHBORHOODS THAT ARE, ARE THESE SMALL GYMS THAT ARE VASTLY DISAPPEARING IN SAN ANTONIO VERY QUICKLY BECAUSE THESE HOMES ARE ALLOWED BY RIGHT TO HAVE UP TO SIX, UM, BEDS, IF YOU WILL. THERE IS UNFORTUNATELY, UM, PROBABLY ANOTHER MOVEMENT TO CONTINUE MOVING INTO NEIGHBORHOODS AND EVEN THOSE, THESE ARE OTHER NEIGHBORHOODS AS WELL. AND BY MAINTAINING THE CURRENT DENSITY LEVEL, I THINK WE MAKE IT AN EVEN PLAYING FIELD. I THINK WE WOULD BE OPENING UP, UM, A DOORWAY TO SOMETHING THAT WOULD MAYBE LEAD TO REQUEST TO THE DENSITY THAT I ASKED ABOUT, WHICH COULD GO UP TO POSSIBLY 16 UNITS. AND THAT'S DEFINITELY CHANGING THE NEIGHBORHOOD CHARACTER. AND I GET TODAY'S, UH, DISCUSSION IS ONLY ABOUT 10 UNITS. HOWEVER, IT'S THAT WHAT CAN COME AFTER THIS DECISION. SO AGAIN, I'LL BE SUPPORTING THE MOTION. THANK YOU. AND COMMISSIONER GREATHOUSE. THANKS. UM, I WILL BE SUPPORTING THE MOTION, UM, FOR THE ZONING COMMISSION. YOU KNOW, OUR JOB IS TO REVIEW A SET OF FACTORS THAT WERE SET FORTH IN THE UNIFIED DEVELOPMENT CODE. AND WE HAVE TO LOOK AT THOSE FACTORS, PERFORM AN ANALYSIS AND TAKE INTO ACCOUNT ALL OF THE CONSIDERATIONS AND KIND OF, I VIEW IT AS BALANCING REALLY ALL OF THE CONSIDERATIONS GIVEN THE FACTS OF THE CASE. AND I AGREE WITH COMMISSIONER SIPES. UM, ACTUALLY, I AGREE WITH ALL THE COMMISSIONERS I'VE TALKED SO FAR, EXCEPT FOR COMMISSIONER WHITE . JUST KIDDING. I AGREE. I AGREE WITH SOME OF THE THINGS YOU SAY. SOMETIMES , IT'S AN OCCUPATIONAL HABIT. , COMMISSIONER WHITE, THE ATTORNEYS ARE NEVER GOING TO AGREE . UM, NO, BUT I AGREE WITH WHAT COMMISSIONER SIPES SAID. YOU KNOW, I, I THINK THERE IS, THERE IS A NEED [02:30:01] IN OUR COMMUNITY FOR, UM, FOR ASSISTED LIVING AND I THINK THAT THE APPLICANT, YOU KNOW, STATED AS MUCH, YOU KNOW, GIVEN OUR, OUR AGING POPULATION. HOWEVER, ON THE OTHER HAND, WE HAVE TO LOOK AT ALL OF THESE OTHER FACTORS LIKE ADVERSE IMPACTS ON THE NEIGHBORING LANDS AND HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. AND I BELIEVE IN THIS CASE, THE FACTORS OUTWEIGH THE NEED FOR THE BEDS OR POTENTIAL NEED FOR BEDS IN FAVOR OF THE COMMUNITY AND DOING, UM, WHAT'S RIGHT TO PRESERVE THE COMMUNITY AND TO MAKE SURE THAT WE MINIMIZE ANY ADVERSE IMPACTS ON THE NEIGHBORS. AND THINGS LIKE INCREASED TRAFFIC, UM, PARKING ON A NARROW ROAD, UM, DISRUPTION OF LIFE, YOU KNOW, UM, I WAS PARTICULARLY STRUCK BY, BY THE NEXT DOOR NEIGHBOR, YOU KNOW, TALKING ABOUT LIGHTING AND TALKING ABOUT, UM, YOU KNOW, DELIVERIES. AND I THINK THAT'S WHY, YOU KNOW, WE'RE TALKING ABOUT MID-BLOCK VERSUS, YOU KNOW, THE BEING ON A CORNER LOT. THE REASON THAT THAT MAKES SENSE IS BECAUSE ON A CORNER LOT, A COMMERCIAL OR RESIDENTIAL, UM, USE THAT PROVIDES, UM, THAT IS, THAT IS A BUSINESS. UM, THEY'RE GONNA BE HAVING DELIVERIES, THEY'RE GONNA BE HAVING EMPLOYEES COMING AND GOING. SO IF YOU'RE ON THE END OF A BLOCK, THE ADVERSE IMPACTS ON YOUR NEIGHBORS IS GOING TO BE LESS THAN IF YOU'RE IN A MID-BLOCK. SO, AND I, AND I THINK COMMISSIONER BARROW SAID THE SAME THING, YOU KNOW, IF IT WAS ON THE CORNER, I COULD SEE THIS BEING, UM, A POTENTIALLY GREAT USE. BUT HERE IN THE MID-BLOCK, I JUST DON'T SEE IT MAKING SENSE. AND THEN I ALSO REALLY AGREE WITH, UM, COMMISSIONER WATSON, YOU KNOW, YOU GUYS ARE CLEARLY DOING A GREAT JOB. UM, BUT UNFORTUNATELY THAT IS NOT REALLY A FACTOR THAT WE'RE TAKING INTO ACCOUNT. WE HAVE TO LOOK AT THE FACT THIS IS IN PERPETUITY AND IT'S GONNA BE THERE FOREVER. YOU COULD SELL IT TOMORROW, SOMETHING COULD HAPPEN TO YOU TOMORROW. AND THAT GOING FORWARD, WE MAY NOT GET AN OPERATOR THAT'S DOING AS GOOD OF A JOB AS YOU. SO THAT'S OUR JOB IS TO LOOK AT THAT. SO FOR THAT REASON, I'LL BE SUPPORTING THE MOTION. ALRIGHT, THE MOTION IS FOR DENIAL BY COMMISSIONER SIPES WITH A SECOND BY COMMISSIONER GREATHOUSE. FURTHER DISCUSSION. SEEING NONE, ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMATH? UH, YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BOTTLES? YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? YES. CHAIR BUSANTE. AYE. MOTION PASSES FOR DENIAL. ALRIGHT, VERY GOOD. GOOD LUCK TO YOU ALL. UH, WE DO HAVE MORE CASES, SO IF YOU WOULD PLEASE KEEP IT DOWN AND HEAD OUT QUIETLY, WE WOULD APPRECIATE IT. UH, AND ACTUALLY I'M GOING TO EXCUSE MYSELF AND HAND THE MEETING OVER TO VICE CHAIR SIPES. GOOD LUCK, SIR. ALRIGHT, THANK YOU. GOOD AFTERNOON. MY NAME IS REBECCA. I AM A PLANNER WITH THE CITY OF SAN ANTONIO. ITEM NUMBER TWO, LOCATED AT 9 1 7 NOLAN STREET IS A REQUEST FOR CHANGE IN ZONING FROM R SIX RESIDENTIAL SINGLE FAMILY TO IDZ ONE LIMITED INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR ONE DWELLING UNIT AND C ONE LIGHT COMMERCIAL DISTRICT. THERE WERE 28 NOTICES MAILED ZERO IN FAVOR, SIX OPPOSED NO RESPONSE FROM NUITY HILL NEIGHBORHOOD ASSOCIATION. TWO IN FAVOR. OUTSIDE 200 FEET, A PETITION WITH SIX SIGNATURES WAS SUBMITTED IN OPPOSITION. AND THE GROUP CONCERNS CITIZENS OF NUITY HILL ARE OPPOSED. THE EXISTING R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED I D Z ONE LIMITED INTEN INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR ONE DWELLING UNIT AND C ONE LIGHT COMMERCIAL DISTRICT IS ALSO APPROPRIATE FOR THE PROPERTY. THE PROPOSAL FOR THIS PROPERTY IS TO TO INTEGRATE RESIDENTIAL COMMERCIAL USES WHILE STILL LIMITING THE INTENSITY OF COMMERCIAL USES PERMITTED IN CLOSE PROXIMITY TO A RESIDENTIAL NEIGHBORHOOD. I D Z ONE ZONING DISTRICTS HAVE BEEN ESTABLISHED IN THIS AREA, THUS THE REQUEST DOES NOT APPEAR OUT OF CHARACTER FOR THE SURROUNDING AREA. THE APPLICANT IS REQUESTING TO AMEND THE APPLICATION TO I D Z ONE LIMITED INFILL DEVELOPMENT ZONE WITH USES PERMITTED IN R SIX AND USE IS PERMITTED FOR A FOOD SERVICE ESTABLISHMENT. STAFF RECOMMENDS APPROVAL. STAFF IS AVAILABLE FOR QUESTIONS AND THE APPLICANT IS PRESENT. THANK YOU. IF WE COULD HAVE THE APPLICANT AND IF YOU'D GIVE YOUR NAME AND ADDRESS. THANK YOU. GOOD AFTERNOON. MY NAME IS SHAHAR UDDI AND THE OWNER OF THE 9 1 7 NOLAN STREET. I PURCHASED THIS PROPERTY BACK IN NOVEMBER JUST IN THE PURPOSE OF, UM, [02:35:01] HAVING, OPENING A COFFEE SHOP INTERNET CAFE WITH, UH, MY RESIDENTIAL IN THE, UH, TOP OF IT. AND, UH, IT WAS A BANDIT BUILDING FOR LAST, I DON'T KNOW, FOUR OR FIVE DECADES. UH, I FIND A LOT OF, YOU KNOW, MATTRESSES, STOVE, UM, SYRINGE FOR, YOU KNOW, DRUG USE OR WHATEVER. AND, AND RIGHT AWAY I, I LOVE THE PROPERTY, I LOVE THE NEIGHBORHOOD AND I ALWAYS WANT TO OPEN MY OWN COFFEE SHOP AT THE RESIDENTIAL. UH, I SPOKE TO BACK IN, UH, FEBRUARY, UM, 10 AND NINE, UM, WITH THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, EDDIE MARTINEZ. AND THE WHOLE STAFF WAS FOR IT. THEY, THEY LIKED THE IDEA. ALSO ON THE FEBRUARY NINE, I TALKED TO THE CONCERNED CITIZEN. THEY LIKED THE IDEA OF THE COFFEE SHOP, BUT THEY DIDN'T LIKE THE IDEA OF I D Z, UM, BECAUSE THEY HAD A BAD EXPERIENCE WITH THE PEOPLE IN THE, ACROSS THE STREET. THEY CHANGE IT FROM TATTOO SHOP TO GUN SHOP OR THINGS LIKE THAT, WHICH HAS NOTHING TO DO WITH, UH, MY PURPOSE. AND UH, BASICALLY, UM, RIGHT AFTER I PURCHASED THIS PROPERTY, I WAS LOOKING FOR PROPERTY TO SAME NEIGHBORHOOD BECAUSE IT TAKES ABOUT A YEAR MAYBE SO TO REBUILD IT AND, UM, IT'S GONNA PROBABLY COST OVER HALF A MILLION DOLLAR TO BUILD IT. AND, UM, FOR THAT I WAS PURCHASING THE PROPERTY CLOSE TO THE AREA TO REBUILD THIS PROPERTY. AND THEN IT'S BEEN JUST WAKING NOBODY ELSE CAN, COULD DO ANYTHING WITH IT FOR LAST, AT LEAST FOUR OR FIVE DECADES. THERE'S NOTHING IN THERE. AND THAT'S MY BASICALLY, UH, REQUEST. AND ONE OF THE REASON I GUESS THEY CHOOSE THE I D Z BECAUSE THERE IS A LIMITED PARKING AND THAT'S WHAT I NEED AND I DON'T NECESSARILY WANT TO DO ANY OTHER BUSINESS. UH, IT CAN BE CONDITIONAL USE IF I EVER SELL IT OR RENT IT, IT HAS TO BE COFFEE SHOP. SO THEY WERE BASICALLY CONCERNED ABOUT THERE'S SOME LIGHTING IN THE BACK OR, UM, CHANGING IT SOMEHOW TO SOMETHING ELSE. UM, THAT'S NOT AT ALL. AND MAYBE ONE DAY IF I FAIL, UM, OR SOMETHING, UH, SOMEBODY ELSE CAN COME AND BUILD SOMETHING ELSE. UH, I KNOW I NEVER FELL. SO THAT WAS MY REQUEST. THANK YOU. ALRIGHT, THANK YOU. AND DO WE HAVE PUBLIC COMMENT? YES, SIR. I HAVE JENNIFER NAGER FOLLOWED BY, UH, LEO NAGER. MM-HMM. . YES. UH, ONE, ONE CAN GIVE TIME TO THE OTHER. YES. JUST NEED TO KNOW WHO'S GIVING WHO TIME, MAINTENANCE TIME. BUT I'M JUST IT, IT'S ONE OR THE OTHER. ONE OF YOU. OKAY. THAT'S FINE. SO HE CAN HAVE HIS THREE MINUTES OR YOU CAN HAVE YOUR THREE MINUTES OR HE CAN GIVE YOU HIS THREE MINUTES. OKAY. FIRST TOTAL OF SIX. I'LL TAKE YOU. OKAY. . HI COMMISSIONERS. THANK YOU FOR THE OPPORTUNITY TO SPEAK HERE TODAY. MY NAME IS JENNIFER NGER AND I RESIDE AT SEVEN 14 NORTH PINE STREET IN DIG HILL IS, WHICH IS ALSO CONSIDERED A SMALL GEM . AS WITH THE PREVIOUS CASE, OUR MAIN CONCERN IS WHAT THE CHANGE IN ZONING CAN MORPH INTO. MY FAMILY AND I ARE NOW OPPOSITION TO I D Z ONE, BUT HAVE A WILLINGNESS TO ACCEPT OUR SIX CONDITIONAL AND WAIVE THE PARKING REQUIREMENTS. UM, I'D LIKE TO SHARE A LITTLE BIT OF MY EXPERIENCE IN WORKING THROUGH THIS PROCESS IN HOPES THAT MAYBE THE FRUSTRATIONS THAT I ENCOUNTERED WON'T HAPPEN TO THE NEXT PERSON. THREE WEEKS AGO AT THE FIRST HEARING REGARDING THIS PROPERTY, WE WERE ASKED TO COMPROMISE TO GET TOGETHER WITH MR. MAUDY AND SEE WHAT WE COULD WORK OUT. WE DID THAT AND AN I D Z ONE ZONING IS STILL ON THE TABLE TODAY. THAT YIELDS NO COMPROMISE. I PERSONALLY, FOR THE RECORD, MADE OVER 10 PHONE CALLS TO REBECCA RODRIGUEZ. SHE NEVER RETURNED ONE CALL. SHE WAS COMPLETELY UNRESPONSIVE FOR TWO WEEKS LEADING UP TO THE FIRST HEARING, I LITERALLY HAD TO GET SOMEONE ELSE TO GO TO HER DESK AND ASK HER TO PICK UP THE PHONE. I NAIVELY ANSWERED THE PHONE WHEN SHE ANSWERED THE PHONE. I'M [02:40:01] LIKE, OH MY GOSH, YOU'RE THERE. I WAS SO WORRIED YOU WERE SICK OR OUT WITH COVID, AS WE SO OFTEN SEEM TO THINK WHEN SOMEONE'S NOT AT WORK FOR TWO WEEKS. UM, SHE HAD BEEN AT HER DESK THE WHOLE TWO WEEKS AND REFUSE TO ACKNOWLEDGE OR REACH OUT TO ME. I HAD HAD TO REACH OUT TO SOMEONE ELSE IN HER OFFICE TO GET MORE INFORMATION. UM, MR. BAPTIST, I THINK HIS NAME WAS, UH, SHE ALSO WAS A NO-SHOW FOR A SCHEDULED CONFERENCE CALL IN WHICH SEVERAL OF US NEIGHBORS WITH A WILLINGNESS TO RESOLVE HAD WITH MR. MODI. IT WAS ONLY UNTIL THE LAST FEW DAYS OF THIS AFTER WE STARTED TURNING IN PETITIONS DID WE FINALLY GET SOME SORT OF DIALOGUE STARTED, WHICH STILL HAS NOT LED TO ANY SORT OF A COMPROMISE. STAFF RECOMMENDS PLOWS THEIR WAY THROUGH EVEN WITH THE DIALOGUE WE HAVE HAD WITH MR. UDDI. HE HAS RECANTED COMMITMENTS AND STATEMENTS SEVERAL TIMES OF WHICH HOURS HE WANTS OPEN WITH THE LAND USE WILL BE, WHICH BACKS UP TO MY BACKYARD. AND FOUR OR FIVE OTHER INTERIOR RESIDENCE HOMES. UM, AGAIN, THIS IS NOT SOMETHING THAT'S ON THE OUTSKIRTS OF A NEIGHBORHOOD HE MAY FACE, UM, A A COMMERCIAL STREET, BUT HIS BACKYARD BACKS UP TO ALL INTERIOR. AND ON THE OTHER SIDE, IT IS ALSO AN ASSISTED LIVING HOME IN WHICH I'M SURE THEY WOULD LOVE THEIR RIGHT TO QUIET ENJOYMENT AS WELL. I'D LIKE TO SHOW YOU, YOU KNOW, THIS WAS MY HOUSE FIVE YEARS AGO. THIS IS OUR HOUSE TODAY. MY FAMILY HAS SPENT FIVE YEARS RESTORING THIS AS OUR RESIDENTS THAT WE WANT TO LIVE IN TILL WE DIE OR WE HAVE TO GO TO PECAN VALLEY IF THERE'S SPACE. UM, WE'VE WORKED HARD TO RESTORE THIS HOME. WE DON'T WANT TO HAVE THE FRIENDLY SPOT IN OUR BACKYARD AND WE DON'T WANT TO HAVE THE POSSIBILITY OF A 35 FOOT STRUCTURE IN OUR BACKYARD. AND AFTER TALKING TO MANY NEIGHBORS, THE RESOUNDING MESSAGE IS THAT NO ONE WANTS TO OPEN THE DOOR TO THAT POSSIBILITY OF THIS HAPPENING WITH AN I D Z. THE REASON YOU DON'T HAVE MORE, THE REASON YOU DON'T HAVE MORE PETITIONS SIGNED IN FRONT OF YOU IS BECAUSE WHO KNOWS THAT THE PEOPLE ARE EVEN ANSWERING THEIR PHONE CALLS TO BETTER UNDERSTAND WHAT THESE DOCUMENTS MEAN. EVERYONE I SPOKE WITH THROUGHOUT THE NEIGHBORHOOD DID NOT EVEN UNDERSTAND WHAT THE ZONING WAS FOR. UM, THESE HEARING NOTICE PAPERS CAN BE VERY CONFUSING. FOR INSTANCE, THE SECOND, THE SECOND NOTICE I GOT, WHICH I ACTUALLY DID NOT RECEIVE, I WAS GIVEN TO BY A NEIGHBOR, UM, DID NOT RECEIVE THE FIRST OR THE SECOND ZONING. UM, IT SHOWS THIS CURRENTLY AS A VACANT COMMERCIAL STRUCTURE. THAT'S NOT TRUE. IT'S WITH RESIDENTS. UM, NONE REALIZED THAT THEY WERE OPPOSING, WHICH COULD BE A COMMERCIAL STRUCTURE 'CAUSE THEY THOUGHT IT ALREADY WAS A COMMERCIAL STRUCTURE OR A GROUP OF WHAT WE ARE REALLY CONCERNED WITH. AND WE DON'T WANT YOU TO FAIL, MR. OODY. WE WANT TO COME HAVE COFFEE WITH YOU. UM, WE WANT TO BE LOVING NEIGHBORS . UM, AND THAT'S WHY I'M HERE IMPLORING TODAY FOR A COMPROMISED, YOU KNOW, OUR BIGGEST CONCERN IS THIS I D Z, WHAT IT CAN MORPH INTO WHAT IT COULD EVOLVE IN. ONCE YOU OPEN THAT DOOR, AND I KNOW Y'ALL HAVE HEARD THAT TODAY AND EVERY DAY YOU PROBABLY COME TO THESE MEETINGS. UM, WE DON'T WANT A GROUP OF ROBOTS TERRAMARK HOMES BEHIND US, UM, COMPLETELY DEVOID OF HISTORICAL, SIGNIFICANT HISTORICAL SIGNIFICANCE OR FACADE. OTHER NEIGHBORS WERE ALSO CONCERNED TO SIGN ANYTHING WHICH WOULD BE IN OPPOSITION TO THE CITY. THIS IS THE WAY PEOPLE PERCEIVE THESE PIECES OF PAPER THAT SHOW UP AT THEIR HOUSES, SOMETHING THAT THEY DON'T UNDERSTAND AND SOMETHING THAT THEY'RE AFRAID TO SIGN BECAUSE IT'S QUOTE UNQUOTE, AGAINST THE CITY. I HAVE ALREADY RESIGNED MYSELF BECAUSE WE'VE MADE NO PROGRESS WITH, UM, WITH THIS. I'VE ALREADY RESIGNED MYSELF THAT WE HAVE MADE NO PROGRESS AND HAS FALLEN ON DEAF EARS. BUT I WOULD LOVE FOR YOU TO PROVE ME WRONG AND SHOW THAT OUR ATTEMPTS TO WORK WITH THE CITY AND WITH OUR NEW NEIGHBOR IN AN AMICABLE WAY WITH VARIANCES THAT DON'T INCLUDE A PARKING LOT LIT UP IN MY BACKYARD. A POSSIBLE STRUCTURE 30 FOOT FEET TALL COULD BE BUILT IN MY, BUILT IN MY AND PLAY MUSIC AND SHOW MOVIES SEVEN DAYS A WEEK IN MY BACKYARD INTO THE NIGHT AND EVENINGS. REBECCA HAS A LIST OF WHAT WE'VE ASKED FOR. CAN WE PLEASE HAVE HER READ THAT AND COMMISSIONERS RESPOND TO THESE TO SEE IF IT CAN BE DONE? LET STAFF DO THEIR BEST AND COMMISSIONERS DO THEIR BEST TO SEE IF THEY CAN HELP US TOGETHER REACH A PEACEFUL AND ACCEPTABLE COMPROMISE TO THOSE OF US WHO HAVE WORKED REALLY HARD TO KEEP A QUIET, PEACEFUL NEIGHBORHOOD, RESTORE IT TO ITS ORIGINAL BEAUTY AND GRANDEUR AND SAN ANTONIO HERITAGE. PLEASE HELP ME. PLEASE HELP US, PLEASE HELP THE ELDERLY NEXT DOOR THAT DON'T HAVE A VOICE HERE TODAY TO KEEP OUR SANCTUARY WHERE WE LIVE AND COME HOME TO AT NIGHT TO GET AWAY FROM THE COMMERCIALIZATION AND KEEP OUR RIGHTS TO QUIET ENJOYMENT WITHOUT NOISE AND LIGHT POLLUTION AND THE POSSIBLE PARKING LOT IN OUR BACKYARD OR IN SERVICE ENTRANCE THROUGH OUR RESIDENTIAL ALLEY TO A COMMERCIAL PROPERTY. OR WORSE, THE NEXT OWNER, AGAIN BEING A TERRAMARK ROW HOUSE STARING INTO OUR PRIVATE BACKYARD. SO WE ARE BEGGING YOU TO HONOR OUR WILLINGNESS TO COMPROMISE, BUT SHUT THE DOOR FOR I DZ. THANK YOU MS. THANK YOU [02:45:01] ALL OVER YOU MAYOR. UM, WAS THERE ANY OTHER PUBLIC COMMENT? HI, MY NAME IS LULU FRANCOIS. I LIVE AT EIGHT 17 NOLAN AND I'M CALLING IN ON BEHALF OF THE CONCERNED NEIGHBORS OF DIGNITY HILL FOR ZONING. CASE NUMBER TWO, ENDING IN 0 0 5 FOR NINE 17 NOLAN. THE 900 BLOCK OF NOLAN HAS THREE RESIDENTIAL HOUSES ON IT AND IS COMPLETELY SURROUNDED BY HOUSES ON THE NORTH AND WEST SIDE OF THE PROPERTY, AS WELL AS A NURSING HOME ON THE EAST SIDE OF THE PROPERTY. WHILE WE SUPPORT THE APPLICANT'S DESIRE TO OPEN A COFFEE SHOP AND AN APARTMENT UPSTAIRS, OUR MAIN CONCERN IS THAT THERE NOT BE ANY DISRUPTION TO THE RESIDENTS THAT COMPLETELY SURROUND THIS PROPERTY, ESPECIALLY THOSE THAT FALL WITHIN THE 200 FOOT SHOP IN AUSTIN, BUT DOES NOT MANAGE OR RUN THIS COFFEE SHOP. SOMEONE ELSE MANAGES IT SO THAT HE DOESN'T HAVE ANY CONTROL AS TO THE ACTIVITIES THAT OCCUR OUTSIDE OF THE PROPERTY. THIS IS THE PRIMARY CONCERN OF THE DIGNITY HILL RESIDENCE. WE DO NOT WANT THE 900 BLOCK OF NOLAN TO TURN INTO A MINI ST. MARY'S STRIP OR SOUTH TOWN IN WHICH CUSTOMERS ARE USING THE REAR OF NINE 17 NOLAN TO SOCIALIZE AND PLAY LOUD MUSIC. WE'RE CURRENTLY HAVING TO DEAL WITH THIS WITH DIGGIES BAR THAT IS LOCATED ACROSS THE STREET. WE'RE ALSO CONCERNED THAT THIS ESTABLISHMENT MAY TURN INTO ANOTHER TYPE OF FOOD SERVICE BUSINESS, JUST LIKE THE TATTOO STORE ACROSS THE STREET TURNED INTO A GUN SHOP BECAUSE GUNSHOTS WERE ALLOWED AS PART OF THE THE ZONING REQUEST. BUT THAT INFORMATION WAS NEVER CONVEYED TO US BECAUSE I D C DOES NOT ALLOW FOR ANY TYPE OF CONDITIONAL ZONING THAT WOULD PROVIDE SOME TYPE OF PROTECTION FOR THE RESIDENTS. WE ARE REQUESTING A COMPROMISE AT NINE 17 NOLAN B ZONED R SIX CD WITH THE FOLLOWING CONDITIONS. NO CUSTOMER BACKYARD PARKING, NO LIGHT POLLUTION WITH LARGE OUTDOOR LIGHTING INSTALLATIONS, ONLY NORMAL BACKYARD LIGHTING FOR SAFETY REASONS THAT MOST PEOPLE HAVE ON THEIR HOUSES. NO NOISE POLLUTION THAT COULD COME WITH THE PLANE OF LOUD MUSIC FOR CUSTOMERS IN THE BACKYARD. A LIMITATION OF THE BUSINESS HOURS THAT THIS COFFEE SHOP COULD BE OPEN. APPLICANT STATED THAT HE ONLY WANTED TO STAY OPEN FROM 8:00 AM TO 5:00 PM WE WOULD LIKE HIM TO HONOR THESE HOURS, NO ALLEY ACCESS TO HIS BACKYARD FOR BUSINESS CUSTOMERS. AND NO OTHER TYPE OF BUSINESS OTHER THAN A COFFEE SHOP SHOULD BE RUN OUT OF THIS LOCATION. THIS PROPERTY CURRENTLY HAS FOUR PARKING SPACES IN THE FRONT. WE WOULD BE MORE THAN HAPPY TO SUPPORT AN RS CD ZONING WITH A CONDITION THAT THE FOUR PARKING SPACES BE ALLOWED TO BE USED FOR CUSTOMER PARKING AND WOULD BE THE ONLY PARKING THAT WOULD BE REQUIRED FOR THIS PARTICULAR LOCATION. THE TENANT FOR THE PROPOSED APARTMENT WOULD OF COURSE BE ABLE TO PARK IN THE REAR OF THE PROPERTY JUST LIKE THE REST OF THE DIGNITY HILL RESIDENCE DO SINCE THERE'S ACCESS TO THE REAR OF THE PROPERTY ON THE SIDE OF THE BUILDING. THANK YOU FOR YOUR TIME TODAY. THAT'S ALL WE HAVE, SIR. THANK YOU. UM, MR. MAMU, YOU HAVE TIME FOR A REBUTTAL? BASICALLY, I HAVEN'T SEEN ANY COFFEE SHOP WITH THE LOUD MUSIC. I DON'T KNOW WHAT THE CONCERN IS. THE PARKING BASICALLY, UM, IN THE BACK IT WOULD BE MAYBE JUST FOR THE STAFF IF, UH, IF THERE IS GONNA BE ANY NEED FOR, UH, PARKING. AND UH, AS FAR AS UH, HOURS OR NO OUTDOOR DECKING OR UM, ANY ACTIVITY, I LIKE TO HAVE A SOME SMALL 300 SQUARE FEET OR SOMETHING. DECKING FOR THE OUTDOOR PEOPLE SIT, USUALLY COFFEE SHOP. I OWN THE COFFEE SHOP IN AUSTIN, TEXAS. UH, I OWN THE BUILDING, BUT I DON'T OWN THE BUSINESS. AND THIS BUSINESS, BASICALLY THEY STARTED FIVE, SIX YEARS AGO AND THEY CHANGED THE HOURS RIGHT NOW FOR LAST TWO AND A HALF, THREE YEARS FROM EIGHT TO THREE O'CLOCK. IF THERE IS A NEED FOR STAYING LONGER THAN THREE O'CLOCK OR FIVE O'CLOCK OR SOMETHING LIKE THAT, I DON'T WANT TO PUT THE HOURS FOR IT. BUT, UM, BASICALLY THAT'S GONNA BE FOR, UH, THAT PURPOSE. AND, UH, AS FAR AS THEY'RE CONCERNED, I REALLY DON'T UNDERSTAND. IT'S MOSTLY IT'S JUST, UH, UH, PERSONAL REASON, NOT THE NEIGHBORHOOD REASON BECAUSE EVERYBODY I TALK, WHEN I WAS LOOKING FOR A HOUSE, I TALKED TO A LOT OF BROKER, I TALKED TO A LOT OF AGENT AND PE PEOPLE AND EVERYBODY, WHEN I SAID I, I PURCHASED THIS BUILDING TO OPEN A COFFEE SHOP, THEY WERE ALL LOVE IT. UH, TALKED TO THE PEOPLE NEXT DOOR, THE, UM, CARE CENTER AND UH, I FORGOT THE NAME, BUT HE SAID ANY ASSISTANT OR ANYTHING, THEY LOVE THE IDEA. AND I TALK TO THE PEOPLE ACROSS THE STREET FROM ME. THEY, THERE IS [02:50:01] A BAR, THERE IS ACTUALLY THE GUN SHOP. THEY HAVE LOUD MUSIC. AND SO IF IT'S ANY BASICALLY, UM, PROBLEM WITH THE LOUD MUSIC, IT SHOULD BE FROM THEM, NOT, IT'S NOT GONNA BE ANYTHING FROM ME. AND, UM, BASICALLY THAT'S ALL I HAVE TO SAY. OKAY. THANK YOU. AND UH, YOU'LL PROBABLY BE CALLED BACK UP HERE FOR QUESTIONS. SO, OKAY, SO THIS IS A DISTRICT TWO CASE. SO COMMISSIONER WATSON, THIS IS GOING TO BE A LONG SERIES OF QUESTIONS, SOME FOR STAFF, SOME FOR THE APPLICANT, UM, FOR THE BENEFIT OF EVERYONE'S UNDERSTANDING, I DO WANNA CLARIFY, DO THE CURRENT I D Z ZONING DESIGNATIONS ALLOW FOR ANY KIND OF CONDITIONAL ZONING? WE'VE HAD A COMMENT COME THROUGH THAT STATED I D Z DOES NOT ALLOW FOR ANY KIND OF CONDITIONAL ZONING AND I WOULD LIKE THAT TO BE CLARIFIED PLEASE. SO I D Z AS A BASE, UM, CANNOT BE USED SIMILAR TO A CONDITIONAL USE. SO IN OTHER WORDS, YOU CAN'T DO CONDITIONS THAT ARE TIED TO AN I D Z BASE. HOWEVER, THERE ARE, UH, I D Z AS A BASE IS ALLOWED, UH, REQUIRES A SITE PLAN. I D Z ONE REQUIRES A SITE PLAN THAT CAN HAVE, UH, VERY SPECIFIC RESTRICTIONS AS TO PLACEMENT OF PARKING, UM, AS TO HEIGHT REQUIREMENTS AS TO, UM, THE, UH, SIZE OF THOSE BUILDINGS. SO SITE PLANS ARE TYPICALLY USED TO KIND OF TIE IN THOSE RESTRICTIONS, BUT YOU CANNOT, UH, PLACE CONDITIONS SUCH AS HOURS OF OPERATION OR THINGS LIKE THAT, UM, ON I D C AS A BASE. THANK YOU. UM, SO WITH THE, UM, PROPOSED, UH, CON RESTRICTIONS, SHALL WE SAY WITH THE I D Z IN THIS CASE, WHICH WOULD BE FOR, UM, R SIX AND A COMMERCIAL FOOD ESTABLISHMENT, WHAT WOULD BE PERMITTED THAT WOULD BE DIFFERENT THAN WHAT MR. OOTY HAS PROPOSED? ARE THERE ANY ADDITIONAL USES, KINDS OF RESTAURANTS, ET CETERA, THAT WOULD THEORETICALLY BE ALLOWED TO OPERATE WITH THIS ZONING? SO AS AMENDED, UM, HIS REQUEST WOULD, UH, FOR I D Z ONE WITH R SIX USES AND A, UH, RESTAURANT WOULD ONLY ALLOW USES PERMITTED BY RIGHT IN R SIX, THE WAY IT'S CURRENTLY ZONED TODAY. UM, AND THEN IT WOULD ALLOW FOR THAT RESTAURANT, THE PURPOSE OF THE I D Z ONE REQUEST WAS TO ONE, WAIVE THE PARKING REQUIREMENTS, UH, BECAUSE, UH, THERE WAS DISCUSSION ABOUT NOT PUTTING ANY PARKING IN THE REAR AND ONLY ALLOWED IN THE FRONT. AND TWO, THIS PROPERTY HAS SETBACK ISSUES. UH, SO IT IS A NON-CONFORMING STRUCTURE IN WHICH, UM, IF HE'S GOING TO RENOVATE IT BY ADDING IN THE COFFEE SHOP, MOST LIKELY HE WILL EXCEED THE 50% ALLOWANCE, WHICH IS GOING TO KICK HIM INTO A REZONING PROCESS ANYWAY. UM, AND, UH, BECAUSE I'M NOT EXACTLY SURE THAT A BOARD OF ADJUSTMENT VARIANCE PROCESS WILL BE ABLE TO ACCOMMODATE, UM, WHAT HE NEEDS TO DO IN ORDER TO RENOVATE THAT BUILDING. THAT'S WHY I D Z ONE WAS SUGGESTED IN ORDER TO MAKE SURE THAT HE COULD DO IT THROUGH THE REZONING AS OPPOSED TO HAVING TO TRY TO DO IT THROUGH A TWO-STEP PROCESS. OKAY. UM, WITH THE COMMERCIAL FOOD ESTABLISHMENT, WOULD ALCOHOL OR OUTDOOR ENTERTAINMENT USES BE PERMITTED? SO ALCOHOL SALES IS ONLY ALLOWED IF IT'S NOT WITHIN 300 FEET OF A CHURCH, SCHOOL OR HOSPITAL. UH, THE PROP THE THE MEASUREMENT FOR SCHOOLS IS PROPERTY LINE TO PROPERTY LINE AND ALL THE OTHER USES ARE, ARE MEASURED BY DOOR TO DOOR. UH, SO YES, YOU COULD HAVE A RESTAURANT WITH ALCOHOL SALES IF, UH, THE USE FOR A FOOD SERVICE ESTABLISHMENT WOULD BE PERMITTED, UH, THROUGH THE REZONING. OKAY. AS FOR OUTDOOR ENTERTAINMENT USES, UM, THAT CAN BE A, A RESTRICTION ON THE SITE PLAN THAT DOES NOT HAVE AN OUTDOOR SEATING AREA OR YOU COULD HAVE A RESTRICTION THAT DOES NOT ALLOW FOR OUTDOOR SPEAKERS ON THE SITE PLAN. OKAY. SO THOSE RESTRICTIONS WOULD HAVE TO BE STATED ON THE SITE PLAN? ON THE SITE PLAN, YES. THROUGH I D Z ONE AS A BASE. OKAY. UM, WHAT WOULD A DIFFERENCE BE BETWEEN THE, IN THE PROCESS FOR MR. MC MOODY, IF AN R SIX CONDITIONAL USE MOVED FORWARD VERSUS THE I D Z ONE THAT HAS BEEN PROPOSED? THE R SIX IS A CONDITIONAL USE FOR THE FOOD RESTAURANT. UH, FOOD SERVICE ESTABLISHMENT, UH, WOULD HAVE THE REQUIRED PARKING BECAUSE R SIX WOULD REQUIRE PARKING AND THE USE, THE CONDITIONAL USE WOULD REQUIRE THAT PARKING. UH, SECONDLY, HE HAS TO COMPLY WITH ALL OF THE SETBACKS OF THAT BASE DISTRICT AND HIS STRUCTURE DOES NOT COMPLY WITH THAT TODAY. UM, AND THEN THE SITE PLAN IS STILL THE SAME 'CAUSE THOSE SITE PLAN REQUIREMENTS ARE STILL, UH, THE SAME FOR I D Z ONE AS A BASE AND R SIX AS A BASE WITH THE CONDITIONAL USE. UH, BUT HIS PROBLEMS WILL BE THE, UH, THE FACT THAT HE HAS THIS NON-CONFORMING STRUCTURE. SO WOULD A BOARD OF ADJUSTMENT HEARING THEN BE REQUIRED? IT'S POSSIBLE THAT A BOARD OF ADJUSTMENT [02:55:01] VARIANCE PROCESS, UM, MAY WORK. UH, BUT IT DOES, IT MAY NOT E EITHER IF THERE IS FINANCING CONCERNS BECAUSE OF VARIANCES IN A CLEAN BILL OF HEALTH ON THE PROPERTY, IF YOU WILL. UM, AND, UH, DEPENDING UPON THE EXTENT OF THE VARIANCE HE NEEDS, HE, UH, BOARD OF ADJUSTMENT CAN'T WAIVE CODE. UH, THEY CAN ONLY ALLOW A CERTAIN UP, UP TO CERTAIN AMOUNT OF VARIANCES FOR THAT PROCESS AND IT ISN'T A ADDITIONAL COST AND TIME. OKAY. THANK YOU FOR PROVIDING THAT INFORMATION. UM, THE LAST QUESTION I HAVE FOR STAFF IS, CAN YOU CONFIRM THE STATUS OF THE PLAN AMENDMENT THAT'S ASSOCIATED WITH THIS REQUEST? I BELIEVE THERE'S ONE THAT'S LISTED ON THE AGENDA AND I JUST WANT TO CONFIRM. UH, PLANNING COMMISSION RECOMMENDED APPROVAL. OKAY, THANK YOU. UM, I ACTUALLY, I DO HAVE ONE MORE QUESTION FOR YOU. UM, IS IT POSSIBLE, UH, WITH A CONDITIONAL USE TO WAIVE PARKING REQUIREMENTS? NOT THROUGH A CONDITIONAL USE? NO. OKAY. SO BASICALLY SHOULD THAT BE PROPOSED OR SUGGESTED THEY WERE, THERE IS STILL GOING TO BE THE MANDATORY PARKING REQUIREMENTS, THERE'S NO WAY AROUND THAT? THAT'S CORRECT. OKAY. THANK YOU FOR CLARIFYING THAT. UM, MR. MUNI, COULD YOU PLEASE COME UP TO THE, UH, DICE THE STAND, I SUPPOSE NOT THE DICE. UM, SO I DID HEAR YOU MENTION IN YOUR EXPLANATION OF POTENTIAL, UM, USES THAT YOU MIGHT, UM, WANT TO DO IN THE FUTURE, UM, HAVING A 300 SQUARE FOOT OUTDOOR SPACE FOR PEOPLE TO SIT AT. UM, CAN YOU CONFIRM WHETHER THE DECK THAT IS SHOWN ON THE SITE PLAN AS YOU HAVE NOW IS WHAT YOU WOULD BE CONSIDERING? NO, THE BACK AREA BASICALLY, I DON'T KNOW HOW IT WORKS. IS THIS OKAY, THE BACK AREA IS RIGHT HERE. BASICALLY THAT WOULD BE THE, I HAVE ABOUT, UH, 5,000 SQUARE FEET OF THE LOT THAT BASICALLY I'M GONNA USE THIS AREA ONLY. IT CAN BE A LITTLE BIT SMALLER IF IT'S TOO MUCH , BUT, UM, AND IT'S GONNA BE, THIS IS THE FRONT OF THE SECOND FLOOR ALSO IS DECKING. AND, UM, SO BASICALLY THE ONLY OUTDOOR AREA I HAVE IS RIGHT HERE. OKAY. SO SHOULD YOU WISH TO HAVE AN OUTDOOR SEATING AREA FOR YOUR CUSTOMERS THAT YOU ARE COMFORTABLE WITH? THAT BEING IT? THAT'S IT. OKAY. JUST WANTED TO CONFIRM THAT. THANK YOU. NO FURTHER QUESTIONS. ALRIGHT. ANY, I HAVEN'T EVEN ASKED YET. COMMISSIONERS ON MY LEFT, LEFT WITH QUESTIONS. COMMISSIONER GREATHOUSE, JUST ONE QUESTION FOR STAFF. UM, JUMPING OFF OF COMMISSIONER WATSON'S QUESTION, WITH RESPECT TO WAIVING PARKING REQUIREMENTS, COULD YOU DO AN I D Z OVERLAY TO WAIVE THE PARKING REQUIREMENTS? THAT IS A PO THAT IS A POSSIBILITY RELATED TO THE PARKING ONLY. IT STILL DOESN'T GET 'EM OUT OF THE SETBACK ISSUES OR THE NON-CONFORMING STRUCTURE ISSUE. OKAY, THANKS. OKAY. QUESTIONS? NO QUESTIONS ONLINE. , NONE FROM COMMISSIONER MCDANIEL? ALRIGHT. UM, NONE. OKAY, THANK YOU. UM, BACK TO COMMISSIONER WATSON FOR MOTION AND DISCUSSION. ALL RIGHT, SO WE HAVE HAD A LOT OF CONVERSATION ABOUT THIS PROPERTY AND IT IS A VERY DIFFICULT, UM, SITUATION, UM, TO CONSIDER. UM, I THINK THAT, UM, WE'VE HEARD FROM THE NEIGHBORS, UM, WHO ARE THE NEIGHBORS THAT LIVE THERE, SOME OF THEM VERY CLOSE BY, THEY'RE NOT BROKERS, THEY'RE NOT AGENTS, THEY'RE PEOPLE THAT LIVE IN THE HOUSES RELATIVELY CLOSE TO THIS PROPERTY THAT THERE IS NOT, UM, THERE IS NOT A LACK OF DESIRE TO WELCOME BUSINESS IN THE AREA. AND THIS PARTICULAR PROPERTY ITSELF, UNFORTUNATELY HAS A LOT OF CHALLENGES ASSOCIATED WITH THE WAY IT IS BUILT TODAY, UM, THAT MAKE THIS CHALLENGING. UM, BUT WE HAVE BEEN TRYING TO GET A COMPROMISE FOR A WHILE AND, UM, I HAVE A STILL HAVE A NUMBER OF RESERVATIONS ABOUT HOW THIS IS GONNA IMPACT THE NEIGHBORHOOD. UM, YOU KNOW, IF THERE IS WAS ANY WAY THAT WE COULD, YOU KNOW, MEET, UM, MUTUAL GOALS HERE, I WOULD LOVE TO DO THAT. BUT THERE [03:00:01] IS WITHOUT A, THERE'S BALANCING THE CONCERNS OF PARKING, WHICH IN THIS CASE, STRANGELY ENOUGH FOR A DOWNTOWN NEIGHBORHOOD, THE NEIGHBORS ARE NOT AS CONCERNED ABOUT PARKING. UM, THEY'RE CONCERNED ABOUT ADVERSE IMPACTS. I STILL HAVE, UM, THAT THERE IS STILL TOO MUCH ROOM IN MY VIEW FOR POTENTIAL FUTURE, UM, FUTURE ISSUES, UM, WITH ADDITIONAL, UH, RE RESTAURANT USES, COMMERCIAL FOOD USES. UM, I HAVE TO SAY THAT ATTITUDE OF, WELL, I'M NOT GONNA FAIL AND I WANNA HAVE FLEXIBILITY TO DO X, Y, AND Z THINGS. IT'S A BIT DISAPPOINTING CONSIDERING HOW MANY, UM, COMPROMISES THE NEIGHBORS WERE WILLING TO MAKE ON THIS, ESPECIALLY IN A NEIGHBORHOOD THAT'S THIS CHALLENGING. UM, AND SO I CANNOT SUPPORT, UH, THIS REZONING AT THIS TIME. I THINK THE POTENTIAL LONG-TERM ADVERSE IMPACT ON THE COMMUNITY IS JUST TOO SUBSTANTIAL, UM, FOR ME TO SUPPORT IT. SO I MOVE TO DENY THIS REQUEST. OKAY. THERE'S A MOTION FOR DENIAL. IS THERE A SECOND? I SO HEARING NO SECOND THE MOTION FAILS. IS MOTION. IS THERE A MOTION FROM ANOTHER COMMISSIONER? ANOTHER MOTION, RIGHT? ANOTHER MOTION? NO RECONSIDERATION. GOT IT. THANK YOU. YEAH, I'LL MAKE A MOTION TO APPROVE THIS, UH, ITEM. ALL RIGHT, THERE'S A MOTION TO APPROVE FROM COMMISSIONER BOTTLES. IS THERE A SECOND? I'LL SECOND. SECOND BY COMMISSIONER ORTIZ. UM, DISCUSSION ON MY LEFT? NO, UH, COMMISSIONER GREATHOUSE. UM, I LIKE COMMISSIONER WATSON, THINK THAT THIS IS A DIFFICULT CASE. UM, UM, I, I THINK I WOULD BE WILLING TO SUPPORT THE MOTION IF THERE WERE MORE CONSIDERATIONS AND MORE LIMITATIONS THAT WERE GOING TO BE PUT ON THE, ON THE SITE PLAN. UM, SO I WOULD, I WILL NOT SUPPORT THIS MOTION. I WILL NOT SUPPORT A MOTION TO, I DON'T WANNA APPROVE OR DENY THIS MOTION. UM, , I JUST, I THINK THAT THERE'S A MIDDLE GROUND THAT COULD BE STRICKEN HERE. SO, UM, I, I WOULD MAYBE PROPOSE A FRIENDLY AMENDMENT TO, UM, INCLUDE NO ALCOHOL, NO, NO, NOT, NOT NO ALCOHOL, NO. IN OUR, NO, NO, NO, UM, NO OUTDOOR SPEAKERS. UM, AND THAT'S MY MAIN CONCERN. SO FRIENDLY AMENDMENT FOR THAT. OKAY. A FRIENDLY AMENDMENT HAS BEEN PROPOSED. UM, I GUESS COMMISSIONER BOTTLES, YOU ACCEPT? I DON'T HAVE A PROBLEM WITH ONE OF THEM, BUT I, I DO HAVE TO TELL YOU THAT THE PROCESS TO GET A T A B C LICENSE IS VERY LONG THAT IT WILL HAVE TO COME FOR APPROVAL FOR THE CITY ANYWAY. SO, UH, IT, I MEAN EVEN IF WE DENY IT, IT'S A VERY LONG PROCESS. SO IS THE AMENDMENT OF ALCOHOL OR THE SPEAKERS? SPEAKERS, UH, MY MAIN CONCERN WAS FOR THE, FOR THE SPEAKERS, FOR THE NOISE RESTRICTION. UM, I, I'M JUST TRYING TO THROW US OUT THERE SO THAT WE START TALKING ABOUT THE FACT THAT THERE COULD BE A MIDDLE GROUND, THEN, THEN I WILL ACCEPT THAT THE, THE NOISE OF THE SPEAKERS AND THE LIGHT, YOU KNOW, FACING DOWN LIKE WE DO. OKAY. UH, AND THE, FOR THE, THE SECOND IS THE SECOND AGREE, I SECOND THAT AS WELL. AND I WAS ACTUALLY GONNA MAKE A COMMENT TO, UH, THE APPLICANT, MR. MOONY, ARE YOU OKAY WITH THE, UH, WITH AN AGREEMENT WITH, WITH SOME OF THE RECOMMENDATIONS THAT ARE BEING DONE? I'M NOT GONNA BE ANY ALCOHOL. THERE'S NOT GONNA BE OUTSIDE SPEAKER. THERE'S GONNA BE A INTERNET CAFE AND THAT'S IT. IT'S NOT GONNA BE MUSIC. IT'S UM, IT'S NOT GONNA BE A RESTAURANT. I OWN RESTAURANT BEFORE. I DON'T NOT, I DON'T WANT TO HAVE A RESTAURANT AND THERE IS NOT GONNA BE ANY CLUB OR ANYTHING AND I'M NOT GONNA SELL IT OR RENT IT OR ANYTHING LIKE THAT. SO THIS IS GONNA BE MY OWN. AND THAT'S, THAT'S BASICALLY IT. I MEAN, AS FAR AS HAVING A NO COFFEE SHOP ACTUALLY HAVE A HEART, I MEAN. OKAY. OKAY. LOUD MUSIC OR NO, I AGREE. I ACTUALLY THINK THIS PART OF THE AREA THAT IS KIND OF, SOME OF IT, IT WAS KIND OF GROWING A FEW YEARS BACK IS KIND OF LOST AT LUSTER. AND I DO FEEL THAT SOME KIND OF BUSINESSES LIKE THIS DOES BRING THAT LUSTER BACK TO THIS COMMUNITY. SO I WILL BE SUPPORTING YOUR MOTION, SIR. THANK YOU. ALRIGHT, ANY OTHER DISCUSSION ON MY LEFT? CAN I, YOU WANT ME, YOU WANT ME TO [03:05:01] GO FOR YOU LAST, COME BACK. OKAY. YEAH. ALRIGHT. ALRIGHT. UH, QUICK, UH, QUICK AND SHORT. I'D SUPPORT THE AMENDMENTS TO THIS MOTION. I THINK THEY, THEY ARE RIGHT STEP IN THE RIGHT DIRECTION. OKAY. THANK YOU COMMISSIONER MCDANIEL. ANY, ANY COMMENT? NO. AND BEFORE WE GO BACK TO YOU, COMMISSIONER WATSON, CAN I GET CLARIFICATION? WHAT, WHAT EXACTLY? WE HAVE A MOTION FOR APPROVAL, BUT THERE WAS A FRIENDLY AMENDMENT, BUT I THINK COMMISSIONER BARTOS ADDED TO THAT AMENDMENT. SO CAN I, YES, I HAVE, UH, TWO RESTRICTIONS ON THE SITE PLAN. NO OUTDOOR SPEAKERS AND DOWNWARD LIGHTING. OKAY. OKAY. COMMISSIONER WATSON, IS IT POSSIBLE FOR ME TO ASK ONE MORE QUESTION JUST TO MAKE SURE I MAKE THE DECISION THAT I FEEL COMFORTABLE WITH? YOU CANNOT DO HOURS OF OPERATION ON A SITE PLAN FOR I, CORRECT? NO, NO, THAT'S CORRECT. OKAY. UM, OKAY. ALRIGHT. OKAY. UH, ROLL CALL VOTE MOTION IS FOR APPROVAL WITH SOME CONDITIONS, AND OF DOWNWARD LIGHTING AND SPEAKERS, NO SPEAKERS, NO OUTSIDE SPEAKERS, UH, NOT CONDITIONS, AMENDMENTS TO THE SITE. PLAN. MARK. THANK YOU. THANK YOU. ROLL CALL, VOTE PLEASE. COMMISSIONER BARROS? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER WATSON? NO. COMMISSIONER FUENTES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER WHITE? YES. COMMISSIONER GREATHOUSE? YES. AND VICE CHAIR SIPES? YES. MOTION PASSES FOR APPROVAL. THANK YOU. ALRIGHT, NEXT CASE. WE ARE ON CASE THREE. ITEM THREE, . OH, AND IF I CAN MAKE A NOTE THAT COMMISSIONER, THAT THAT CHAIR BUSTAMONTE LEFT. I THINK IT WAS 3 47. GOOD AFTERNOON. MY NAME IS REBECCA. I'M A PLANNER WITH THE CITY OF SAN ANTONIO. ITEM NUMBER THREE LOCATED AT 5 1 7 MARSHALL STREET IS A REQUEST FOR CHANGE IN ZONING FROM R FOUR TO IDZ ONE. LIMITED INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR THREE DWELLING UNITS ALL OVER LEASE REMAINING THE SAME. THEY WERE 27 NOTICES MAILED FOUR IN FAVOR, TWO OPPOSED FIVE POINTS. NEIGHBORHOOD ASSOCIATION IS IN SUPPORT, EIGHT IN SUPPORT OUTSIDE 200 FEET AND A PETITION WITH SEVEN SIGNATURES WAS SUBMITTED IN OPPOSITION TO THE REQUEST. THE EXISTING R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED I D Z ONE LIMITED INTENSITY FIELD DEVELOPMENT ZONE WITH USES PERMITTED FOR THREE DWELLING UNITS IS NOT APPROPRIATE AS THE BASE DISTRICT CAN BE MAINTAINED AND THE CONDITIONAL USE CAN BE UTILIZED FOR THREE UNITS. THUS, STAFF RECOMMENDS AN ALTERNATE REQUEST FOR OUR FOUR CD RESIDENTIAL SINGLE FAMILY WITH A CONDITIONAL USE FOR THREE DWELLING UNITS. STAFF RECOMMENDS DENIAL WITH THE ALTERNATE RECOMMENDATION. STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT. THANK YOU. IF WE COULD HAVE THE APPLICANT COME SPEAK. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN. THREE 10 SOUTH ST. MARY'S SUITE 2,700. YES, WE'RE ASKING, IT'S A VACANT LOT. UH, WE'RE DEALING WITH HERE TODAY. WE'RE ASKING FOR THREE, UH, SINGLE FAMILY DWELLING UNITS. NOW I KNOW THAT STAFF IS RECOMMENDING DENIAL WITH THE ALTERNATIVE RECOMMENDATION FOR THREE DWELLING UNITS FOR R FOUR CD. THE PROBLEM FOR US WITH R FOUR CD IS THAT WILL NOT ALLOW US TO HAVE THREE INDIVIDUALLY PLATTED LOTS. YOU KNOW, THE EYE Z'S KIND OF GOTTEN BEAT UP A LITTLE BIT TODAY, BUT INFILL DEVELOPMENT ZONE, THAT'S WHAT IT'S ABOUT. IT'S SUPPOSED TO SERVE THESE IRREG IRREGULAR, IF YOU WILL, INNER CITY LOTS. THE LOT IS 10,300 SQUARE FEET. WE CAN'T CUT IT UP INTO THREE LOTS WITH THE R FOUR, THE R FOUR DESIGNATION. SO THAT'S WHY WE'RE ASKING FOR THE I D Z ONE. NOW THERE IS SOME OPPOSITION TO THE CASE. I MET WITH THE NEIGHBORHOOD TWICE. THE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. WE HAVE A PETITION IN SUPPORT AND WE ALSO HAVE A PETITION IN OPPOSITION. I WOULD, I WOULD LIKE TO RESERVE THE REST OF MY TIME. I KNOW THERE'S SOME OPPOSITION HERE TO SPEAK. I WOULD LIKE TO RESERVE THE REST OF MY TIME FOR A LITTLE BIT OF A REBUTTAL. THANK YOU. ALRIGHT, THANKS. AND IF WE COULD GET PUBLIC COMMENT. SAL FLORES, FOLLOWED BY CRYSTAL NIRO. HI, MY NAME IS SAL FLORES. I RESIDE AT FOUR 19 MARSHALL STREET. A COUPLE LOTS OVER FROM THE SUBJECT TRACT AND I REPRESENT, UH, A LOT OF THE FOLKS THAT AREN'T HERE TODAY THROUGH A PETITION OF OPPOSITION. UH, WE, YOU KNOW, I, WHAT ATTRACTS ME TO THIS NEIGHBORHOOD AND THE INTERIOR PORTION OF, OF FIVE POINTS IS THE LARGE TRACK SINGLE FAMILY DEVELOPMENT. AND, AND RIGHT NOW WHEN WE SEE THE APPLICANT APPLYING FOR THE I D Z I WAS CONCERNED, [03:10:01] UM, ON BEHALF OF MYSELF AND OTHERS, WE'RE CONCERNED ABOUT A NUMBER OF INFRASTRUCTURE ISSUES AS WELL AS DENSITY. SO WE HAVE A CURRENT R FOUR, RIGHT, WHICH WILL ALLOW BASICALLY TWO UH, UNITS IN THERE. GOING TO ANYTHING ABOVE THAT'S AN INCREASE IN DENSITY. AND IF YOU LOOKED AT THAT SITE PLAN, YOU'RE LOOKING AT IMPERVIOUS COVER UPWARDS OF 90%. SO WE FEEL THAT THERE'S GONNA BE SOME IMPACT ADVERSE IMPACTS ON THE COMMUNITY WITH REGARDS TO NUMBER OF ISSUES. ONE IS STORM WATER. UH, RIGHT NOW MARSHALL STREET, UH, FLOODS AND IT'S OVER CAPACITY. THERE'S SOME OF THE NEIGHBORS THAT HAVE BEEN EXPERIENCING FLOODING ISSUES. UH, THERE'S NO MITIGATION PLANS AS WE SPEAK, BUT THERE DEFINITELY HAS TO BE SOMETHING TO, UH, TO, TO STOP THE WATER FROM FLOWING. UM, AT A POINT OF MORE THAN EXISTING CONDITIONS. ONE OF THE OPTION THAT WAS THROWN OUT THERE TO US WAS DOING MAYBE POROUS PAVEMENT. THAT'S REALLY NOT AN OPTION BECAUSE OVER A PERIOD OF TIME THAT BECOMES IMPERVIOUS COVER. UM, IF YOU LOOK AT THE SITE PLAN, THE TRACK THAT THE, THE HOUSE AT THE END, THESE ARE DEEP LOTS OVER 180 FEET, UH, THAT HAS NO FIRE PROTECTION. YOU KNOW, IF A FIRETRUCK COMES AND, AND PULLS UP ON, ON MARSHALL ROAD, THERE'S NO WAY THE HOSE LENGTH WILL BE ABLE TO WRAP AROUND AND FIRE PROTECT THAT LAST UNIT. SO THAT DRIVEWAY ACTUALLY HAS TO BECOME A FIRE LANE. RIGHT NOW IT'S AT 18 FEET, FIRE LANES NEED TO BE 20 FEET. SO THERE NEEDS TO BE SOME SORT OF ALLOWABLE FIRE LANE THAT COMES INTO THAT. NOW THAT KIND OF PIGGYBACKS OFF OF, OF PARKING TOO. YOU KNOW, WE HAVE ONE, I'M ASSUMING ONE GARAGE FOR EACH UNIT. YOU KNOW, MOST FAMILIES HAVE TWO CARS AND VISITORS. WHERE DO YOU PARK IF IT'S A FIRE LANE? AND BOTH, UH, SIDES OF THE CURB ARE GONNA BE RED. YOU ALSO HAVE A FIVE FOOT EASEMENT TO THE EAST, WHICH IS ON THE DOWNWARD PART OF THAT SITE PLAN, WHICH SHOWS A FIVE FOOT SETBACK. RIGHT NOW THERE ARE OVER THREE LOTS THAT SHEET FLOW WATER TO THAT SITE. SO THAT SITE'S GONNA HAVE TO HAVE AN INTERCEPTOR CHANNEL DRAINING THE, THE, THE STORM WATER FROM THE REAR TO THE FRONT. IT'S NOT GONNA FIT ON FIVE FEET. SO THE, THE 20 FOOT WIDTH OF THOSE HOMES WILL PROBABLY BE REDUCED TO 15 OR 10 FEET. I'M NOT TOO SURE WHO WANTS TO LIVE IN A 10 FOOT WIDE HOUSE, BUT THAT'S PROBABLY WHAT YOU'RE LOOKING AT. SO WE HAVE ISSUES OF STORM WATER, WE HAVE ISSUES OF FIRE. WE ALSO HAVE ISSUES OF, OF UTILITIES. RIGHT NOW THERE'S, UH, A WATER SERVICE AND A SEWER LATERAL, UH, FLOWING INTO THAT TRACT. THE, THE PROBLEM IS WHEN YOU START ADDING MORE UNITS, YOU'RE GONNA HAVE TO CUT MARSHALL STREET, THE WATER LINE'S ON THE OPPOSITE SIDE OF THE, OF THE DEVELOPMENT. SO IT'S GONNA BE BE A FULL STREET CLOSURE. THERE'S A SCHOOL ACROSS THE STREET, SO THAT'S GONNA IMPEDE FIRE PROTECTION FOR SOME, SOME PERIOD OF TIME. AND IT'D BE THE RISK OF, YOU KNOW, SAFETY, UH, WITH REGARDS TO THE, THE, THE STUDENTS AND THE FACULTY AND THE NEIGHBORS. IF WE DO A FULL STREET CLOSURE IN ADDITION TO ALL THAT, YOU KNOW, WE'RE, WE'RE, WE'RE TAKING A LOOK AT, YOU KNOW, THE ADVERSE IMPACT ONCE WE OPEN UP THIS OPPORTUNITY FOR THE INTERNAL PORTION OF FIVE POINTS. OH, OKAY. SORRY, THAT'S YOUR TIME MY TIME'S UP. TRYING TO SPEAK FAST. OKAY. IT'S GOOD. THANK YOU. AND NEXT ON OUR LIST, CRYSTAL NERO. HI EVERYONE. UH, MY NAME IS DR. CRYSTAL RIO. I LIVE AT TWO 18 UPSON STREET, FIVE POINTS AREA. UM, MY CONCERN IS, UH, THE APPLICANT ALSO OWNS A, UM, AIRBNB NEXT TO US, WHICH IS A TWO UNIT. AND WE GET BACK DOWN TO THE PARKING ISSUE. AND THESE ARE, WE WANNA PRESERVE THE COMMUNITY. FIVE POINTS IS SLOWLY GROWING AND IT'S BEAUTIFUL. SO WE ARE TRYING TO SLIME IN THREE, UM, PROPERTIES INTO ONE UNIT. IT REALLY, UM, CAUSES, UM, NOT ONLY CHAOS, BUT IN THE, THE COMMUNITY BUT ALSO IN THE EVENT THAT EMERGENCY UNITS HAD TO GET TO THESE, TO THESE FACILITIES. WHEN YOU LOOK AT THAT ONE, UM, UH, IN THE ONE RIGHT BELOW IT, THERE WAS NO WAY, UM, A FIRETRUCK, AN AMBULANCE IS GONNA BE ABLE TO GET TO THAT LAST APARTMENT OR HOUSE ON THIS END. AND AGAIN, MAYBE HE CAN CLARIFY HOW THAT WOULD HAPPEN. UM, SO THOSE ARE MY BIGGER CONCERNS. AGAIN, UM, THE, UH, APPLICANT IS AN INVESTOR IN THE NEIGHBORHOOD, WHICH IS FINE, I HAVE NO ISSUE WITH THAT. BUT AGAIN, JUST BEING UM, COM UH, COMMUNITY RESPONSIBLE IN REGARDS TO MAKING SURE THAT THERE IS PLENTY OF SPACE FOR THE FOLKS TO MANEUVER AROUND. IT IS A HUGE HEADACHE WHERE I LIVE NOW BECAUSE AGAIN, THERE IS NOT AN APPROPRIATE DESIGNATION FOR, UM, PARKING. AND AGAIN, IF AN, IF AN EMERGENCY, UM, VEHICLE HAS TO COME TO OUR NEIGHBORHOOD, WHICH IT HAS ON MULTIPLE, NUMEROUS OCCASIONS, IT IS PURE CHAOS. YOU HAVE COPS COMING, KNOCKING OUT THE DOORS TRYING TO GET US OUT BECAUSE THEY CANNOT MAKE THEIR WAY THROUGH. AND AGAIN, THESE ARE JUST CONTRIBUTING FACTORS. SO IF YOU DO THAT, THIS IS FOR TWO UNIT, IMAGINE A THREE UNIT SECTION IN THIS AREA HERE, I JUST FORESEE HUGE AMOUNTS OF ISSUES. AGAIN, WE'RE TRYING TO PRESERVE FIVE POINTS. IT IS GROWING. WE HAVE OTHER ISSUES AT HAND, UH, TO INCLUDE THE HOMELESS POPULATION REALLY OVER OVERCOMING OUR AREA. WE'RE GETTING THROUGH THAT. WE, UM, I LIVE IN A BEAUTIFUL RENOVATED HOME AND AGAIN, WE ARE TRYING TO BRING MORE FOLKS HERE TO RENOVATE AND UPBRINGING. THIS, THIS IS AN INVESTMENT PIECE OF IT. I GET IT, WE'RE ALL INVESTORS HERE, BUT TO WHAT DEGREE, AGAIN, LET'S TRY TO PRESERVE THE, UM, THE, UM, THE BEAUTY OF THE NEIGHBORHOOD. TWO, THREE IS A BIT MUCH. AND AGAIN, AS YOU CAN SEE, THERE IS REALLY VERY LITTLE ROOM [03:15:01] FOR US TO, TO MAKE THINGS HAPPEN. SO THANK YOU. THANK YOU. DID WE HAVE ANY OTHER PUBLIC COMMENT OR VOICEMAILS? THAT'S ALL WE HAVE, SIR. ALL RIGHT, MR. CHRISTENSEN. THANK YOU PATRICK CHRISTENSEN. SO A LOT OF THE COMPLAINTS YOU HEARD WERE VERY ENGINEER, KIND OF BASED, VERY TECHNICAL. UM, WHAT WE'RE HERE TODAY AT THE ZONING COMMISSION TO DISCUSS IS DENSITY IS THREE UNITS APPROPRIATE AT THIS LOCATION. AND WHAT'S KIND OF INTERESTING ABOUT THE SITE IS THERE'S A, A SCHOOL ACROSS THE STREET, SO IT'S A KIND OF A MIXED USE. THERE'S A DUPLEX ACROSS THE STREET. THERE'S A HIGH RISE SENIOR PUBLIC HOUSING DEVELOPMENT AT THE END OF THIS BLOCK VIA TRAN CASEY THAT'S BEEN THERE FOR PROBABLY 50 YEARS. UM, SO AS FAR AS FIRE CODE SPACING OF THE HOMES, WIDTH OF THE DRIVEWAY, WE'RE GONNA HAVE TO REPLANT THE PROPERTY. WHATEVER THE U D C SAYS WE WILL HAVE TO DO AS FAR AS FIRE CODE, WHATEVER THE FIRE CODE SAYS, WE'LL HAVE TO DO. THESE MULTI-UNIT DEVELOPMENTS ON SMALLER LOTS ARE ALL OVER DOWNTOWN. YOU SEE THESE EVERYWHERE. SO WE'RE NOT GONNA DO ANYTHING THAT HASN'T BEEN DONE BEFORE. WE'RE NOT GONNA DO ANYTHING THAT'S AGAINST THE FIRE CODE. AND THERE ARE DIFFERENT PERMANENT PAVER OPTIONS. WE ARE WILLING TO DO THAT. THERE'S DIFFERENT THINGS WE CAN DO. SOME OF THE NEIGHBORHOODS HAVE GRAVEL, SOME OF THE NEIGHBORHOODS HAVE INTERLOCKING CEMENT PIECES THAT HAVE SPACE BETWEEN THEM FOR THE WATER TO SEEP THROUGH. WE'RE WE'RE WILLING MAN, BUT I BELIEVE THE COMMUNITY PLAN ALLOWS FOR THREE UNITS. THAT'S WHAT WE'RE ASKING FOR. UM, AND I THINK THAT'S APPROPRIATE. AND LIKE I SAID, WE HAD TWO NEIGHBORHOOD MEETINGS. THE OFFICIAL NEIGHBORHOOD IS IN SUPPORT AND WE HAVE A PETITION IN SUPPORT. UM, THIS NEIGHBORHOOD IS CHANGING. THAT'S ALWAYS A LITTLE BIT TOUGH, BUT ITS PROXIMITY TO DOWNTOWN IS VERY, VERY CLOSE. THESE VACANT LOTS. WE NEED TO TRY TO GET A LITTLE BIT OF DENSITY IN THOSE. THANK YOU. I WOULD ASK FOR YOUR SUPPORT. THANK YOU VERY MUCH. THANK YOU. THIS IS A DISTRICT ONE CASE, SO COMMISSIONER GREATHOUSE. THANKS. UM, JUST A FEW QUESTIONS, UM, FOR STAFF FIRST AND THEN I PROBABLY HAVE A COUPLE QUESTIONS FOR THE APPLICANT AS WELL. UM, STAFF. CAN YOU CON JUST CONFIRM THAT THE URBAN LOW DENSITY, UM, CLASSIFICATION WOULD ALLOW FOR THREE UNITS ON THIS PROPERTY? YES. SO THE THREE UNITS WOULD BE PERMITTED BASED ON THE LAND USE? NO, UM, PLANNING COMMISSION, NO PLAN AMENDMENT WAS REQUIRED FOR THIS CASE. OKAY, PERFECT. UM, AND THEN WILL THE DEVELOPMENT HAVE TO COMPLY WITH, UM, DEVELOPMENT STANDARDS? LIKE AS WE HEARD EARLIER, THE UM, FIRE OTHER LIKE LIFE SAFETY DRAINAGE? YES, ABSOLUTELY. AS THESE PROJECTS MOVE FORWARD THROUGH THE DEVELOPMENT PROCESS, THEY HAVE TO COMPLY WITH OUR, OUR STANDARDS INCLUDING, UH, BUILDING AND FIRE SAFETY CODE. THERE'S HOSE LAY REQUIREMENTS. UM, THERE'S UM, THERE THERE'S OTHER THINGS THAT, UH, FIRE LOOKS AT WHEN THEY LOOK, WHEN THEY REVIEW BUILDING PERMITS. OKAY. SO THEN JUMPING OFF OF THAT, UM, AND THIS IS NOT JUST A, A QUESTION FOR THIS CASE IS REALLY, I'M REALLY ACTUALLY CURIOUS ABOUT THIS AS I'M THINKING ABOUT, YOU KNOW, I D Z AND, AND THE ISSUES THAT, THAT WE SOMETIMES SEE WITH THAT. UM, WHAT IF THE SITE PLAN AS APPROVED AT ZONING AND THEN SUBSEQUENTLY APPROVED AT CITY COUNCIL HAS SOMETHING ON IT THAT IS NOT, LIKE FOR EXAMPLE, LIKE IF IT'S NOT WIDE ENOUGH FOR IT TO BE A FIRE LANE AND THAT'S REQUIRED, WHAT'S THE PROCESS THERE? DOES THAT THEN COME BACK TO US? DOES THAT GO THROUGH CITY COUNCIL BECAUSE WE'RE TIED TO THE SITE PLAN? HOW IS THAT HANDLED IF WE HAVE TO MODIFY THE SITE PLAN BECAUSE OF THOSE ISSUES? SO FIRETRUCKS WILL NOT GO ONTO THE PROPERTY AND BACK, BACK, BACK OUT ONTO THE STREET. WHAT THEY DO LIKE WITH ANY OTHER RESIDENTIAL DEVELOPMENT OTHER THAN LARGE SCALE APARTMENTS IS THEY ANCHOR THE TRUCK TO THE STREET AND THEN THEY HAVE THAT MINIMUM REQUIREMENT HOSE LAY THAT THEY NEED IN ORDER TO BATTLE ANY FIRES THAT ARE AT THE REAR OF THE PROPERTY. UH, SO THIS IS BEING SEEN AS JUST AN INGRESS EGRESS POINT FOR THESE PROPERTIES. UM, IF THERE'S MINOR MODIFICATIONS THAT NEED TO HAPPEN AT THE BUILDING AND UH, AT THE BUILDING AND FIRE REVIEW, WE, WE WORK WITH THEM ON THOSE MINOR MODIFICATIONS. THEY WOULDN'T HAVE TO GO BACK. UH, BUT REGARDLESS OF ANYTHING, A SITE PLAN THAT IS APPROVED BY CITY COUNCIL STILL HAS TO COMPLY WITH ALL OF THE BUILDING CODE STANDARDS, DEVELOPMENT STANDARDS, FIRE STANDARDS. IT DOESN'T WAIVE THEM OUT OF THOSE REQUIREMENTS. SO IN OTHER WORDS, THEY HAVE TO MAKE IT WORK AT THE END. IF, IF WHAT THEY WANT WAS WHAT IS APPROVED, APPROVED TODAY BASICALLY IS DENSITY AND, AND OVERALL PLACEMENT. THEY HAVE TO WORK WITH THAT AND THEN FIT IT IN WITH OUR CODES. IF THEY CAN'T FIT IT IN WITH OUR CODES, THEN THEY GO THROUGH EITHER VARIANCE PROCESSES OR CODE MODIFICATION PROCESSES RELATED TO BUILDING AND FIRE CODES. OKAY, THANK YOU. UM, AND THEN PATRICK, COULD I ASK YOU JUST A COUPLE QUESTIONS? YES. UM, WE TALKED ABOUT, UM, AN IMPERVIOUS COVER AND THAT'S SOMETHING THAT, THAT, UM, THE APPLICANT'S WILLING TO PUT ON THE SITE PLAN. CORRECT. [03:20:01] IS THERE PARKING? AM I JUST NOT SEEING? DO YOU GUYS HAVE PARKING DESIGNATED THERE? SO YEAH, WE, EACH UNIT HAS A GARAGE AND THEN THERE'S PARKING ON THE STREET, RIGHT? OR THE DRIVEWAY RIGHT HERE. THIS IS 18 FEET PROBABLY GONNA END UP BEING MODIFIED TO 20 FEET. THIS IS NOT A, A FIVE FOOT BUILDING SETBACK. THAT'S JUST A FIVE. I MEAN, I'M SORRY, THAT IS A FIVE FOOT BUILDING SETBACK. WE CAN WIDEN THE DRIVEWAY TO COVER THAT. SO THERE WILL BE ROOM FOR CARS HERE AND THEN THERE'S ROOM FOR CARS ON THE STREET AS WELL. OKAY, BUT YOU DON'T HAVE ANYWHERE ON THERE LIKE LABELED AS LIKE PARKING SPACES OR GARAGE? NO. AS VISITOR PARKING, PARKING OR ANYTHING? NO, WE DO NOT. AND I ALSO LIKE TO FOLKS, THERE'S, THERE'S ACTUALLY AN ALLEY BACK HERE, SO THE THOUGHT WAS CARS COULD DRIVE THROUGH AND REACH OUT AND THERE'S JUST ONE LOT BETWEEN US AND THE, THE CORNER. OKAY. IS, IS PARKING SOMETHING THAT YOU WOULD BE WILLING TO SHOW ON THE SITE PLAN AS WELL? YEAH, WE CAN PUT THAT ON THERE. NO PROBLEM. OKAY. THAT, UM, THAT'S ALL MY QUESTIONS. THANKS. THANK YOU. ALL RIGHT, THANK YOU. ANY QUESTIONS FROM COMMISSIONERS ON MY LEFT? NO. WENT TO FUENTES COMMISSIONER MCDANIEL? NO QUESTIONS. ALRIGHT, BACK TO YOU. OKAY, SO I'LL MAKE A MOTION FOR APPROVAL, UM, PENDING THE ADDITION ON THE SITE PLAN OF THE IMPERVIOUS COVER AS WELL AS PARKING SECOND. THAT ALL RIGHT. MOTION BY COMMISSIONER GREATHOUSE SECOND BY, WAS THAT BOTTLES AT THE END ON MY TWIN? OKAY. WELL I, I HEARD, I HEARD YOU FIRST SO BOTTLES FOR THE SECOND. ALRIGHT, COMMISSIONER GREATHOUSE DISCUSSION. UM, I I USUALLY DO HAVE DISCUSSION, DON'T, I, I DON'T EVER JUST MAKE A MOTION AND THEN NOT SAY SOMETHING I DON'T. THAT WOULD BE UNHEARD OF . UM, YOU KNOW, I, I UNDERSTAND THE CONCERNS OF THE COMMUNITY. UM, HOWEVER I THINK IN THIS CASE, JUST GIVEN THE LOCATION, UM, AND PUBLIC POLICY, UM, WITH RESPECT TO THE NEED FOR DEVELOPMENT AND INCREMENTAL DENSIFICATION CLOSE TO DOWNTOWN, THE FACT THAT WE HAVE A SITE PLAN AND WE'RE TIED TO THAT SITE PLAN, UM, AND THE FACT THAT, YOU KNOW, MANY OF THE CONCERNS FOR THE NEIGHBORS ARE THINGS THAT ARE GOING TO BE, UM, ADDRESSED BY, YOU KNOW, THE BUILDING CODES, FIRE CODES. UM, ALSO, UM, UH, I THINK THAT'S ACTUALLY IT. ALRIGHT, ANY DISCUSSION LEFT, RIGHT DANIEL? NO. ALRIGHT. MOTION IS FOR APPROVAL BY COMMISSIONER GREATHOUSE. SECOND BY COMMISSIONER BARDOS. ROLL CALL. VOTE PLEASE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER BARDOS? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMIT? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? YES. VICE CHAIR SIPES? YES. MOTION PASSES FOR APPROVAL. ALRIGHT, THANK YOU. ITEM NUMBER FIVE, I BELIEVE. ALL RIGHT. UH, GOOD AFTERNOON. UH, MY NAME IS RICHARD BALTIC DE VAZQUEZ ONLY PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FIVE, LOCATED AT 1 3 5 1 AND 1 3 5 7 SOUTH GENERAL MCM MULLING. I'M PROPOSING TO GO TO FROM R SIX TO MF 33 WITHOUT OVERLAYS REMAINING THE SAME. UM, THERE WERE 19 NOTICES SENT OUT, UM, 10 IN OPPOSITION WITHIN THE 200 FEET RADIUS. UM, LET'S SEE, ZERO IN FAVOR. AND WESTWOOD SQUARE NEIGHBORHOOD ASSOCIATION IS OPPOSED. UM, THE EXISTING R SIX RESIDENTIAL RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED MF 33 MULTIFAMILY IS ALSO APPROPRIATE FOR THE AREA AND ALONG A MAJOR HIGHWAY LIKE HIGHWAY 90, THE PROPOSED ZONING ALSO PROVIDES A TRANSITION TO THE C TWO AND A COMMERCIAL NON-ALCOHOLIC SALES TO NORTH AND COMPLIMENTS THE MF 33 MULTIFAMILY TO THE WEST. UH, RESIDENTIAL DEVELOPMENT WILL ALSO PROVIDE HOUSING OPTION FOR THE AR AREA. STAFF RECOMMENDS APPROVAL AND THE APPLICANT HERE TO ANSWER ANY QUESTIONS. THANK YOU. IF WE COULD HAVE THE APPLICANT PLEASE. AND DID THE APPLICANT LEAVE HAVE TO LEAVE? IS ARLET HERNANDEZ IN THE AUDIENCE? UH, THEY MAY HAVE HAVE LEFT, SIR. OKAY. [03:25:01] UM, CHAIR, IF I MAY. SURE. THANK YOU FOR CONTINUANCE. UM, COMMISSIONER BUSANTE HAD TO DEPART, AS WE ARE AWARE, AND HE MAY HAVE COMMUNICATED THAT TO THE APPLICANT. HE HAD REQUESTED THAT WE, UH, INITIATE A CONTINUANCE OF TWO WEEKS ON THIS CASE. THAT WOULD BE AWESOME, IN MY OPINION. SO WITH THAT, I GUESS WITH THAT, I WOULD LIKE TO MAKE A MOTION FOR CONTINUANCE OF, OF ITEM NUMBER FIVE FOR TWO WEEKS. THERE, THERE ARE SOME PEOPLE HERE TO SIGN IN TO SPEAK ON THIS ITEM. OH, WE DO HAVE SPEAKER. OKAY. OKAY. THANK YOU. SECOND. OKAY, WELL, LET'S HEAR FROM THE, WE'LL, WE WILL HEAR FROM THE SPEAKERS. UM, WE'LL PROBABLY BE MOTIONING FOR A CON OR PROBABLY GRANTING A CONTINUANCE. SO, SO DO YOU WANNA SPEAK NOW OR, WELL, I WISH YOU ALL WOULD'VE SAID THAT I'VE BEEN HERE SINCE 12 O'CLOCK. NO, I, I UNDERSTAND. I UNDERSTAND. UM, PATIENTLY FOR, FOR, FOR MY TURN TO GO UP. IT'S NOT MY FAULT THE APPLICANT IS NOT HERE. WELL, I, I THINK WHAT HAPPENED IS THAT THE, THE COMMISSIONER, UH, SPOKE WITH THE APPLICANT AND INDICATED THAT HE WOULD BE MOTIONING FOR A CONTINUANCE WHEN THE CASE CAME UP. WE JUST HAD THAT CASE THAT WENT FOR THREE HOURS AND THAT WAS THE SECOND TIME THEY WERE HERE. BEEN HERE TOO. YEAH, I, I KNOW, I UNDERSTAND IT. IT'S GOING BE A LONG DAY FOR THIS COMMISSION. WE'RE WE'RE GONNA GO WELL INTO THE NIGHT. I KNOW, BUT WHEN HE FOUND OUT, HE SHOULD HAVE COMMUNICATED THAT WITH US. SHOULDA IN MY SENSE. I CAN'T ANSWER FOR HIM. BUT, YOU KNOW, IF YOU WANNA PUT YOUR COMMENTS ON THE RECORD, PLEASE DO. PEN. GOOD AFTERNOON. IT'S BEEN A LONG DAY. I'VE BEEN HERE SINCE 12, LIKE I MENTIONED. UH, MY NAME'S BELMONT PENA. I'M THE PRESIDENT OF THE WESTWOOD SQUARE NEIGHBORHOOD ASSOCIATION. AND, UM, I'M HERE, UH, TO VOICE THE CONCERNS OF THE, OF THE NEIGHBORHOOD THAT THE RESIDENTS THAT LIVE AROUND THIS, UM, PROPOSED ZONING CASE. THERE'S 11, UM, RESIDENTS THAT ARE IN OPPOSITION AND SO IS THE, THE NEIGHBORHOOD ASSOCIATION. WE UNDERSTAND THAT THE, THAT THE, IT'S GOING TO BE, I MEAN, HE WANTS A REZONING FOR MF 33 IN THE SURROUNDING RESIDENTIAL AREAS. THEY'RE ALL MF 30 THREES, BUT THEY'RE SINGLE FAMILY HOMES. AND WE ARE GONNA BE GOING THROUGH A LARGE AREA REZONING. AND THIS, THIS, UM, PROPERTY, UM, IS LOCATED ON GENERAL MCMULLEN AND THE SIDE IS ON A DEAD END STREET, WHICH IS PATTON BOULEVARD. AND IT IS HORRIBLE. I DON'T, UH, MF 33. WE DON'T KNOW WHAT HE WANTS TO BUILD. WE DON'T KNOW ANYTHING. ALL WE KNOW IS THAT IT'S A ZONING CHANGE AND, BUT WE DO KNOW WHAT MF 33 MEANS. RIGHT? UH, SO RIGHT NOW, THE WAY IT'S SITUATED RIGHT NOW, HE'S IN A BAD LOCATION. GENERAL MCMULLEN, HIS FRONT FRONTAGE PROPERTY IS RIGHT ON THE, BY THE ACCESS ROAD TO HIGHWAY 90 GOING WEST. UM, I KNOW THAT HE'S TRIED TO DO SOMETHING WITH THIS PROPERTY BEFORE, AND THEY HAVE TOLD HIM BECAUSE OF THE WAY THE PROPERTY IS SITUATED, THE, UH, TRAFFIC, I NEVER SAW ANY DOCUMENTS ON IT, BUT HE WAS TELLING ME THAT, UM, UH, IT WOULD NOT BE APPROVED BECAUSE OF THE WAY THE, IT'S VERY DANGEROUS. SO THE SIDE STREET IS A DEAD END PATTON BOULEVARD AND, UM, IT'S ALREADY CONGESTED WITH A LOT OF CARS. EVEN THE, UH, CITY SERVICES RECYCLING TRASH PICKUP, THEY CAN ONLY GO IN AND THEN THEY HAVE TO BACK OUT BECAUSE THERE'S NO WAY FOR THEM TO TURN AROUND IN THIS PARTICULAR, UM, AREA. SO WE ARE HERE. LIKE I SAID, I'M HERE TO OPPOSE AN MF 33 ZONING. UH, WESTWOOD SQUARE DOES NOT SUPPORT THE ZONING CHANGE FROM R SIX TO MF 33 OF AT 13 51, 13 57 SOUTH GENERAL MCMULLEN BECAUSE THE AREA SCHEDULED FOR A LARGE AREA REZONING IN THE NEAR FUTURE, BECAUSE OF THE MANY SURROUNDING LOTS THAT ARE ZONED MF 33 ARE ACTUALLY SINGLE FAMILY HOMES. LIKE I MENTIONED, THIS ZONE, THIS ZONING CHANGE RUNS COUNTER TO THE L L A R PROCESS AS WELL AS FUTURE LAND USE DESIGNATIONS AS WE RESTART THE SUB AREA PLANNING PROCESS FOR OUR COMMUNITY PLAN. PLEASE NOTE, THIS PROPERTY IS LOCATED ON PATTON BOULEVARD. THAT IS A DEAD END STREET THAT IS ALREADY CONGESTED BY RESIDENT VEHICLES ON PATTON BOULEVARD. AND GENERAL MCMULLEN IS A FRONT ENTRANCE TO THIS PROPERTY. AGAIN, IT'S A VERY DANGEROUS LO LOCATION. SO WE'RE ASKING, REQUESTING THAT THE ZONING COMMISSION RESPECT THE PROCESS OF OUR COMMUNITY UNDERGOES CHANGE AND NOT APPROVE THE ZONING REQUEST. AND IT, YOU KNOW, THAT'S WHY I'M HERE TO, TO DO THIS. SO I'M HOPING THAT YOU TAKE THAT INTO CONSIDERATION. I JUST HEARD ABOUT A CONTINUANCE, SO I, I JUST DUNNO WHAT TO SAY. I'M VERY DISAPPOINTED THOUGH. VERY DISAPPOINTED IN THIS. THANK YOU. NO SIR. THAT'S ALL WE HAVE SIGNED UP TO SPEAK. ALRIGHT. AND THERE'S NO APPLICANT FOR A REBUTTAL. UM, [03:30:01] SO I BELIEVE COMMISSIONER MCDANIEL, YOU HAD MADE A MOTION FOR A CONTINUANCE FOR TWO WEEKS AND I FORGET WHO SECONDED THAT. MR. WHITE. COMMISSIONER WHITE. ALRIGHT, SO THE MOTION IS FOR A CONTINUANCE FOR TWO WEEKS. ROLL CALL. VOTE PLEASE. MARCH 15TH. OKAY. I THOUGHT SHE SAID SOMETHING. HMM. STUDENT ON 15TH, MARCH 15TH? YES. OKAY. CONTINUANCE TO MARCH 15TH. COMMISSIONER MCDANIEL? YES. COMMISSIONER WHITE? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER GREATHOUSE? YES. VICE CHAIR SIPES? YES. MOTION PASSES FOR CONTINUANCE. ALRIGHT, THANK YOU. UM, NEXT ITEM IS ITEM NUMBER SIX. GOOD AFTERNOON. MY NAME IS SUMMER MCCANN OF ZONING PLANNER DEVELOPMENT SERVICES. ITEM NUMBER SIX IS LOCATED AT 1 1 2 EAST SUNSET ROAD GOING FROM R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT TO OH ONE OFFICE DISTRICT. THERE WERE 86 NOTICES MAILED ZERO IN FAVOR, FIVE OPPOSED, 28 OPPOSED OUTSIDE. 200 FEET PETITION SUBMITTED WITH 52 SIGNATURES OPPOSED OAKLAND PARK NEIGHBORHOOD. OAK OAK PARK, NORTHWOOD NEIGHBORHOOD ASSOCIATION IS OPPOSED. GARDEN SQUARE HOMEOWNERS ASSOCIATION IS OPPOSED OUTSIDE OF 200 FEET. THE EXISTING R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED OH ONE OFFICE DISTRICT IS ALSO APPROPRIATE AND CONSISTENT WITH OTHER ZONINGS NEAR THIS CORRIDOR. THE PROPOSED DEVELOPMENT WOULD BE CONSISTENT WITH A BUDDING OH ONE OFFICE DISTRICT AND C ONE LIKE COMMERCIAL DISTRICT ZONINGS. ADDITIONALLY, THE OH ONE ZONING DESIGNATION ALLOWS FOR A LIMITED NUMBER OF USES THAT WOULD NOT ADVERSELY AFFECT THE RESIDENTIAL PROPERTY TO THE EAST. STAFF RECOMMENDS APPROVAL AND THE APPLICANT SHOULD BE PRESENT. IF WE COULD HAVE THE APPLICANT PLEASE AND IF YOU WOULD JUST, UH, GIVE US NAME AND ADDRESS AS WELL. THANK YOU. YES, OF COURSE. GOOD AFTERNOON COMMISSION. MY NAME IS LETICIA CIO. I REPRESENTED TO THE MAL MANAGEMENT L L C. OKAY. AND, UH, I WILL LIKE, UH, SAY, UM, IN SPANISH IF PERMIT BECAUSE IT'S, UH, VERY, UH, EASY FOR ME. I CAN TRY IN ENGLISH, BUT IT'S LATE AND WE HAVE A LOT OF PEOPLE HERE. MM-HMM. . OKAY. UM, OKAY. WE'RE ASKING FOR A REZONING FOR PROFESSIONAL OFFICES AT THIS ADDRESS. MM-HMM. SPECIFIC. WE DON'T, WE DON'T HAVE A SPECIFIC PLAN. IF IT WOULD BE, UH, UH, SOMETHING GREATER, I WOULD'VE BROUGHT A PRESENTATION OR, UH, SOME GRAPHICS, SOMETHING TO SHOW. BUT IT'S A LOT SMALLER THAN THAT. I SEE. YES. UM, OKAY. THE PURPOSE FOR THE REZONING IS TO HAVE ADMINISTRATIVE OFFICES HERE AT THIS PROPERTY. MM-HMM. THE PROPERTY REMAINING JUST AS IT IS RIGHT NOW WITHOUT ANY PHYSICAL CHANGES, UHHUH. AND THAT'S TO REMAIN FOR THE PROPERTY TO REMAIN AND FOR IT TO BE ABLE TO FIT IN THE NEIGHBORHOOD, NOT ONLY PHYSICALLY, BUT ALSO THE FEEL TO IT. IT WOULD BE A MAX OF THREE TO FOUR EMPLOYEES WITH A, A WORKING, UH, WORKING OFFICE HOURS FROM NINE TO FIVE. I DO, I DO UNDERSTAND THAT SOME OF THE NEIGHBORS ARE WORRIED THAT, UH, WE'RE GOING TO BE BRINGING TOO MUCH TRAFFIC, THAT THERE'S GOING TO BE A LOT OF NOISE, THINGS LIKE THAT. [03:35:06] I REALLY DON'T THINK THAT WOULD BE THE ISSUE TO MY LEFT. THERE IS A DENTIST OFFICE AND ACROSS THE STREET THERE ARE, THERE'S A COMMERCIAL STRIP WITH SEVERAL BUSINESSES. THOSE DO GENERATE TRAFFIC. MY INTENTION NOW IS JUST TO WORK PEACEFULLY AND QUIETLY IN, IN, IN THE OFFICE AND JUST, UH, KEEP THE BUILDING INTACT SO THAT IT CAN FIT WITH THE REST OF THE NEIGHBORHOOD WITHOUT CHANGING ANYTHING AND NO TRAFFIC OUTSIDE OF THE OFFICE. AND NO MORE THAN THE STAFF I JUST MENTIONED. I DON'T THINK THAT WOULD CAUSE ANYTHING THAT WOULD INTERFERE WITH THE NEIGHBORS OR WITH ANY NOISE TO THE NEIGHBORS. AT LEAST NOT, NOT ANYTHING MORE. NOT ANY MORE THAN WHAT MY NEIGHBORS CURRENTLY BRING IN. AND THAT'S MY SIMPLE PLAN. ALRIGHT. THANK YOU. DO WE HAVE ANY PUBLIC COMMENT? NO, SIR. ALRIGHT. NO PUBLIC COMMENT, NO VOICEMAILS. ALRIGHT, COMMISSIONER WHITE FOR QUESTIONS. WELL, THERE, THERE WAS, UM, A LOT OF PUBLIC COMMENT TO ME. UM, AND SO I'VE HAD A LOT OF CALLS ON THIS AND A BUNCH OF EMAILS. UM, CAN I ASK THE APPLICANT, YOU SORT OF SAID THERE'S A LACK OF DETAIL AND A LACK OF PLAN AT THIS POINT. IS, IS THERE ANY REASON FOR THAT? FOR THAT? NO, I DIDN'T SAY THAT. MAYBE YOU DON'T UNDERSTAND ME OR I, I DIDN'T KNOW HOW TO EXPRESS MYSELF APPROPRIATELY. WHAT I MEANT TO SAY IS THAT SEVERAL PEOPLE THAT CAME HERE, THEY HAVE BEAUTIFUL PRESENTATIONS AND I'M JUST HERE TO LET YOU KNOW THAT I'M GONNA HAVE OFFICES THAT ARE NOT GOING TO BE CHANGED AT ALL PHYSICALLY, AND IT'S NOT GOING TO BE A DIFFERENT, UH, HOUR IN OFFICES, WHICH IS JUST NINE TO FIVE. THAT'S WHAT I MEANT WHEN I SAID I DIDN'T HAVE A PLAN. I MEAN, THAT I DON'T HAVE LIKE A PRESENTATION WITH GRAPHS OR ANYTHING LIKE THAT. OKAY. I, I APOLOGIZE IF I, IF I MISUNDERSTOOD AGAIN. HOW MANY PEOPLE ARE GONNA BE ING IN HERE? NONE MORE THAN FIVE. MAYBE THREE OR FOUR. AND, UM, PLANNING COMMISSION HASN'T HEARD THIS YET, IS THAT RIGHT? THAT'S CORRECT. THEY, IT'S COMING UP ON THE NINTH. OH, WE'RE LOOKING TO MOVE THIS TO, TO OH ONE. CAN, CAN YOU TELL ME SPECIFICALLY WHAT, WHAT THAT ALLOWS STAFF? WELL, DEFINITELY PROFESSIONAL OFFICE USES VERY LIGHT KIND OF OFFICE AND RETAIL USES. THERE'S A NUMBER OF THINGS IN THE TABLE, BUT THE OH ONE DISTRICT DOES LIMIT THEM AS FAR AS, UM, REQUIREMENTS OF THAT PARTICULAR DISTRICT. BUT JUST TO GIVE YOU AN IDEA OF SOME, OH, ONE USES LIBRARY, LOAN OFFICE, MEDICAL, LIKE CHIROPRACTOR, LIKE SMALL SCALE OFFICES, CHIROPRACTORS, TAXES, DIFFERENT THINGS LIKE THAT. MM-HMM. . SO, UH, I GUESS MY, MY ISSUE HERE IS WE'RE, WE'RE, WE'RE CREEPING DOWN A A RESIDENTIAL STREET, UM, WITH, WITH NON-RESIDENTIAL USES, BUT, UM, I'LL, I'LL OPEN IT UP TO MY FELLOW COMMISSIONERS IF THEY HAVE ANY OTHER QUESTIONS. ALL RIGHT. UM, ANY QUESTIONS ON LEFT? I'M GONNA START WITH COMMISSIONER BARDOS AT THE END. UH, SO IT COULD BE PROFESSIONAL SERVICES, C P A ATTORNEY'S OFFICE. COULD BE ANY, ANY OF THOSE CATEGORIES? YES, THAT'S CORRECT. SORRY, THE APPLICANT HAS A COMMENT. COMM, UH, WE ARE A ADMINISTRATIVE OFFICE. BOOKKEEPER, BOOKKEEPING AND ADMINISTRATIVE OFFICE [03:40:06] QUESTION. OKAY. UM, COMMISSIONER BATTLES, IS THAT IT? YEP, THAT'S FOR ME. OKAY. ANY OTHER COMMISSIONER GREATHOUSE? I HAVE A QUESTION FOR STAFF. UM, THE, LOOKING AT THE G I S UM, ACROSS THE STREET, IT LOOKS LIKE THERE'S A, UM, O TWO, IS THAT RIGHT? UM, AM I LOOKING AT THIS RIGHT? LIKE IT, COULD YOU JUST TELL ME WHAT THE, WHAT THE USE IS FOR THAT? YOU'RE ABSOLUTELY CORRECT. IT IS THAT AND UH, SUMMER CAN TELL YOU SINCE SHE'S BEEN OUT THERE, WHAT'S IN THE SURROUNDING AREA? YEAH, IT IS A HOUSE. UM, IT'S BEEN OH TWO I THINK LIKE SINCE 1999. IT'S JUST LIKE THAT ONE PROPERTY HAS ALWAYS BEEN OFFICE. IT WASN'T RECENTLY REZONED OR ANYTHING, BUT IT'S JUST NON-CONFORMING. IT'S USED AS A SINGLE FAMILY HOUSE. OKAY. THANK YOU. ALRIGHT, COMMERS ON MY RIGHT. FUENTES. COMMISSIONER MCDONAL, ANY QUESTIONS? YES, QUESTION FOR STAFF. I, I'M, I'M STRUGGLING 'CAUSE I GUESS THE APPLICANT ISN'T VERY SURE, BUT WHAT I HEAR IS THAT SHE'S LOOKING FOR SOME KIND OF SMALL OFFICE OPERATION. WOULD IT NOT BE ACCEPTABLE TO KEEP THE R FIVE AND JUST DO A CONDITIONAL USE FOR OFFICE? UH, IT WAS AN OPTION, UH, BUT SINCE THIS WAS PART OF THE CORRIDOR YES. IS RESIDENTIAL, BUT IT, IT DOES, UH, THE PROPERTY ZONED ON THAT CORNER AS, UH, COMMISSIONER GRADE HOUSE BROUGHT OUT OUR OH ONE AND, AND OH TWO AND THE, IT'S VERY CLOSE TO, UM, WHICH I CAN'T SEE FROM HERE. BROADWAY. BROADWAY. UM, IT, IT'S APPROPRIATE AND IT, IT'S IN ALIGN ALIGNMENT WITH THAT O TWO PROPERTY. AND THE OTHER THING IS, IS THAT OFFICE DOESN'T ALLOW LIKE ANY OUTDOOR DISPLAY OF MERCHANDISE OR ANYTHING LIKE THAT. SO THAT'S ANOTHER, UH, IT'S SOLELY OFFICE USE. OH, OKAY. AND THE PROPERTY ACROSS THE STREET THAT'S HAD THE ZONING IS BEING USED AS SINGLE FAMILY, THEY DON'T HAVE ANY, IS THAT CORRECT? DID I HEAR THAT CORRECTLY? YES. UM, AND I DID SUGGEST THE POSSIBILITY OF THE CONDITIONAL USE TO THE APPLICANT. UM, THEY, THEY'RE, I GUESS THINKING ABOUT EXPANDING IN THE FUTURE AND THEY DIDN'T WANT THE CONDITIONAL USE TO, YOU KNOW, LIMIT THAT. OKAY. THANK YOU. YOU JUST HELPED CLEAR SOMETHING FOR ME. THANK YOU. NO MORE QUESTIONS. OKAY. THANK YOU. UM, I ACTUALLY DID HAVE A QUESTION FOR STAFF. AND, UM, IN OH ONE, IS THERE A, UH, SIZE A SQUARE FOOTAGE LIMIT? YES, IT'S, UH, 10,000 SQUARE FEET FOR INDIVIDUAL BUILDINGS. OKAY. 10,000. OKAY. ALRIGHT. THANK YOU. UM, OH, I, I GUESS, UH, WE HAVE A SECOND ROUND OF QUESTIONS. COMMISSIONER GREATHOUSE, SORRY. QUESTION FOR THE APPLICANT. UM, ARE, ARE YOU PLANNING ON EXPANDING YOUR BUSINESS POTENTIALLY IN THE FUTURE? NO, JUST, UH, KEEP THAT, UH, OFFICE, ADMINISTRATIVE OFFICE THAT MM-HMM. AND I KNOW, UM, THAT, UH, SOME PEOPLE IN THE NEIGHBORHOOD AND HERE AS SHE SAY, UM, EH, I UNDERSTAND THAT SHE, UM, THINK ABOUT THE, UM, THE PROPERTIES COVID MIX AND I WILL LIKE THAT. BUT, UM, MY POINT IS, UH, THIS IS, IF THIS PROPERTIES, UH, CALLED VIA ADMINISTRATIVE OFFICE IS A LIMITED TIME FOR USE AND, AND MY, UH, LEFT SIZE, I HAVE A, A, A CLINIC, A BUILDING, TWO FLOORS, AND, UH, ACROSS OF THE STREET I HAVE, UH, FOUR UM, SUITES, COMMERCIAL TWO, THIS IS A LOT TRAFFIC, A LOT OF PEOPLE THAT MY PLAN AND ON MY RIGHT SIDE IS A RESIDENCE RESIDENTIAL PROPERTY. BUT IT'S NOT JUST ONE FAMILY. IT'S, UH, SEVERAL FAMILIES. SEVERAL FAMILIES IS MORE TRAFFIC THAT I DEL MORE TRAFFIC THAN WHAT I CAN BRING WITH MY, WITH MY FOUR EMPLOYEES. OKAY. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? NO, I DON'T SEE ANY, UH, COMMISSIONER WHITE. OKAY. SO, UM, I AM VERY CONCERNED, I MEAN, WE HAVE SOME CONFLICTING INFORMATION I GUESS THAT WE GOT. WE, WE HEARD, YOU KNOW, THERE'S THOUGHTS ABOUT EXPANSION AND THEN THERE'S, YOU SAID A MINUTE AGO THERE WASN'T, UM, I LIKE, UM, COMMISSIONER MCDANIEL'S IDEA. IF THERE'S NOT GONNA BE EXPANSION, THEN PERHAPS, UM, THE R FIVE WITH THE CONDITIONAL USE, UH, WOULD BE THE BETTER WAY TO GO. [03:45:01] UM, WITH ALL OF THAT BEING SAID, THE NEIGHBORHOOD HAS STRONGLY REACHED OUT TO ME AND HAS BEEN CONCERNED WITH THE FACT THAT THEY DIDN'T FEEL LIKE THERE WERE MANY ANSWERS IN TERMS OF WHAT IT IS THAT YOU ALL WERE GONNA BE DOING. UH, THEY ARE, UH, WILLING TO MEET AGAIN AS WELL TO TALK ABOUT THE SITUATION AND IT WOULD MAKE THEM FEEL MORE COMFORTABLE. AND SO I THINK A CONTINUANCE OF TWO WEEKS TO ALLOW YOU ALL TO MEET WITH THE NEIGHBORHOOD, UM, WOULD BE A GOOD IDEA. UH, IN ADDITION TO ALLOWING YOU TO CONSIDER THIS, UM, R FIVE WITH A CONDITIONAL USE FOR OFFICE SPACE. SO WITH THAT, I MOVE TO CONTINUE THE CASE FOR TWO WEEKS TO THE MARCH, UM, 15TH MEETING. SECOND. ALRIGHT, THERE'S A MOTION FOR A CONTINUANCE BY COMMISSIONER WHITE WITH A SECOND BY COMMISSIONER GREATHOUSE. ANY DISCUSSION ON THE LEFT, RIGHT? MCDANIEL? NO. ALRIGHT. NO. ROLL CALL. VOTE PLEASE. COMMISSIONER WHITE? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMIT? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BOTTLES? YES. COMMISSIONER MCDANIEL? YES. VICE CHAIR SIPES? YES. MOTION PASSES FOR CONTINUANCE. ALL RIGHT. THANK YOU. THANK YOU. IF WE COULD MOVE ON TO ITEM NUMBER NINE. GOOD AFTERNOON. MY NAME IS ROLAND ANTE, UH, ZONING PLANNER WITH DEVELOPMENT SERVICES. UH, ITEM NUMBER NINE IS LOCATED AT 1 0 6 OLD VALLEY HIGH DRIVE, GOING FROM R SIX TO R SIX CD WITH CONDITIONAL USE FOR A TWO-FAMILY DWELLING UNIT WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 25 NOTICES SENT OUT. ZERO RETURN IN FAVOR. THERE WERE ZERO IN OPPOSITION AND THERE WAS NO RESPONSE FROM PEOPLE ACTIVE IN COMMUNITY EFFORTS OR THE VALLEY HIGH NORTH NEIGHBORHOOD ASSOCIATION. THE EXISTING R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS, UH, IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREAS. THE PROPOSED R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR TWO FAMILY DWELLING UNITS IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED TWO DWELLING UNITS IS OUTTA CHARACTER WITH THE SURROUNDING LARGER LOT SINGLE FAMILY DWELLING ESTABLISHED IN THE AREA. STAFF IS RECOMMENDING DENIAL. UM, THE APPLICANT IS REQUESTING A CONTINUANCE UNTIL MARCH THE 15TH. ALRIGHT, THANK YOU. IS THE APPLICANT PRESENT? THE APPLICANT HAD TO LEAVE. HE COULD NOT STAY. APPLICANT, I HAD TO LEAVE. DO WE HAVE, I'M GONNA LEARN. I'M LEARNING. DO WE HAVE ANY PUBLIC COMMENT? NO, THERE ARE NO VOICEMAILS ON THIS. OKAY. THANK YOU. UM, AND THIS IS A DISTRICT FOUR CASE, SO COMMISSIONER CAYMAN, UH, WELL THIS IS THE FIRST TIME I HEARD THAT, UH, APPLICANT WAS REQUESTING A CONTINUANCE. UM, I JUST WANNA SEE IF ANY COMMENTS FROM ANY OF THE OTHER COMMISSIONERS ON THIS, UH, CASE SO FAR. ANY ANY QUESTIONS FROM COMMISSIONERS? LEFT RIGHT MCDANIEL? NO, IT APPEARS NOT. UH, IF THERE'S NO DISCUSSION, DISCUSSIONS OR QUESTIONS, I'M JUST GOING TO, UH, MOVE TO, UH, CONTINUE THIS CASE TO MARCH 15TH. SECOND. SECOND . ALRIGHT. SO THERE'S A, A MOTION BY COMMISSIONER KAMATH WITH A SECOND BY COMMISSIONER FUENTES FOR A CONTINUANCE TO MARCH 15TH. ANY DISCUSSION? I DON'T SEE ANY. OKAY. ROLL CALL VOTE. COMMISSIONER KAMATH? YES. COMMISSIONER FUENTES? YES. COMMISSIONER WATSON? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. VICE-CHAIR SIPES? YES. MOTION PASSES FOR CONTINUANCE. ALL RIGHT. THANK YOU. UM, ITEM NUMBER 10. GOOD AFTERNOON. MY NAME IS REBECCA. I'M A PLANNER WITH THE CITY OF SAN ANTONIO. ITEM NUMBER 10, LOCATED [03:50:01] AT 2 4 4 4 CINCINNATI AVENUE IS A REQUEST FOR CHANGE IN ZONING FROM R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT TO R FOUR CD WITH A CONDITIONAL USE FOR THREE DWELLING UNITS WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 32 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED, AND THERE WAS NO RESPONSE FROM UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION. THE EXISTING R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED R FOUR CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR THREE UNITS IS NOT APPROPRIATE FOR THE AREA. THE SUBJECT PROPERTY IS LOCATED WITHIN A NEIGHBORHOOD OF PRIMARILY SINGLE FAMILY RESIDENCES AND DUPLEXES. THREE UNIT DEVELOPMENTS WERE NOT FOUND PROXIMITY TO THE SITE. IN ADDITION, THE PROPERTY IS SMALL, IS A SMALL SIZE SLOT LOCATED AT THE CENTER OF THE BLOCK. STAFF RECOMMENDS DENIAL AND IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT. THANK YOU. IF WE COULD HAVE THE APPLICANT PLEASE, IF YOU JUST GIVE YOUR NAME AND ADDRESS AS WELL. UH, MY NAME IS MABEL RA, UM, FROM, UH, 1 7 7 1 9. HANDY SPEAK, UH, LOTES. I AM THE OWNER OF THE, UH, I PURCHASED THE 24 44 CINCINNATI IN NOVEMBER. AND, UM, IT IS A, A DUPLEX WITH A EXISTING THIRD, UM, UNIT AT THE BACK. AND I WOULD LIKE TO REZONE IT TO OUR, FROM OUR FOUR TO OUR FOUR CD, UM, TO GET AN ADDRESS TO THE EXISTING UNIT AT THE BACK. THAT WAY IT 'CAUSE ME WORKING IN A MEDICAL FIELD. I WOULD LIKE TO HAVE, UH, LIKE IN CASE OF EMERGENCY, IT WOULD BE LIKE THEY WOULD BE ABLE TO LOCATE WHOEVER, UH, RESIDES IN THERE. 'CAUSE UM, HAVING SAID THAT, IT, UM, I WENT AROUND THE NEIGHBORHOOD, ALTHOUGH IT SAYS, UM, ONLY A DUPLEX, UH, RIGHT BESIDE ME HAS AN EXISTING THIRD UNIT IN THE BACK. AND, UH, YOU CAN SEE IN THE SLIDESHOW, I WASN'T SURE IF I AM ALLOWED TO TAKE PICTURES OF THE, OF THE OTHER HOUSE, BUT I TOOK A PICTURE OF THE ONE BESIDE ME. AND THEN, UM, UH, 24 OF 48 AND 25 50. CINCINNATI IS ALSO A DUPLEX WITH A A THIRD UNIT IN THE BACK. UH OH. SO THAT'S THE ONE BESIDE ME. UH, 25, 39 AND 25 41 IS A DUPLEX WITH A THIRD UNIT AT THE BACK. MM-HMM. . AND I CAN SEE THE, THERE'S A DOOR, UH, WINDOW AND AC UNIT. UH, SO, UH, AND THERE'S A TENANT IN THERE. AND THE ONE THAT I ASKED IN THE FRONT, UH, THEY'RE ALL RENTED OUT THE THREE UNITS. UM, BUT THE ONE THAT I ASKED IN THE FRONT, HE DIDN'T WANNA SHARE THE INFORMATION 'CAUSE HE WAS GONNA, YOU KNOW, UM, 25, 31 IS A THREE UNIT PROPERTY. UH, IT WAS OWNED BY MRS. CALLAHAN AND I SPOKE TO HER AND SHE CONFIRMED THAT IT IS A THREE UNIT, UM, 25, UH, 29 AND 25, 27 IS ANOTHER, UH, DUPLEX. AND, UM, THERE'S ANOTHER, UM, UH, UNIT IN THE BACK, ACTUALLY ON THE SIDE OF THE, THE, UM, PROPERTY. THERE'S, UH, 25, 27 RARE. IT'S LIKE THERE'S AN ARROW. THERE'S, THERE'S ANOTHER ADDRESS IN THE BACK. SO IT IS ADDRESS THAT'S 25, 29 AND 25, 27. AND ANOTHER ADDRESS IS 25 27 RARE WITH AN ARROW. SO THAT'S, UH, THEY'RE ALL, UH, THREE UNITS. UH, 25, UH, 59 IS, UH, OUR ZONE. THAT'S, UH, IS A ZONE. THAT'S R M FIVE. AND THIS IS THE HOUSE LIKE ACROSS THE STREET FROM ME, TWO HOUSE DOWN. AND IT'S A THREE UNIT. AND THE, THE, UH, BACK UNIT, IT SAYS, UH, THEY SAID THAT IT'S A TWO BEDROOM, UH, UNIT. UH, THERE'S ALSO A 2358 CINCINNATI. UH, I SAW FOUR, UM, GREEN GARBAGE, UH, THE RECYCLE BIN, UH, UH, FOUR BLUE BIN, FOUR GREEN BIN, AND FOUR UH, BROWN, WHICH TELLS ME THAT THERE'S PROBABLY FOUR, UM, DIFFERENT, UH, FAMILY THAT LIVES IN THERE, BUT IT'S STILL, UH, I THINK IT'S ZONED R FOUR. UM, THERE IS, UH, THERE, UH, 2350 AND 2352 IS ALSO A DUPLEX, BUT THERE'S ALSO A NICE, UM, NEWLY PAINTED BLUE HOUSE IN THE BACK. AND IT'S ALSO R UH, R FOUR AND 23, UH, 31 CINCINNATI IS, UH, MF 33 ZONE AND 2365 IS, UH, ZONED AS MF 33 ALSO. AND, UM, [03:55:02] I ALSO FOUND OUT TODAY BECAUSE MY COWORKER SAYS LIKE, OH, ST. MARY USED TO LIVE THERE. I USED TO GO TO SCHOOL, UM, 20, UH, 26 0 2. CINCINNATI IS OWNED BY A FRATERNITY. AND IT'S LIKE, IT'S NOT, UH, IT'S NOT, UM, SINGLE FAMILY. IT'S, BUT I DON'T THINK SOMEBODY LIVES THERE. IT'S NOT EVITABLE. BUT THIS SAYS LIKE, YOU KNOW, IT'S NOT A SINGLE FAMILY . AND, UH, SO I WOULD LIKE TO REZONE IT TO OUR FOUR CD. THAT'S WE'RE, I'M NOT MAKING ANY, UH, ADDITION JUST TO GET, UH, UH, LEGAL, UM, ADDRESS IN THAT ONE TOO. OKAY. ALRIGHT. THANK YOU. UM, DID WE HAVE PUBLIC COMMENT ON THIS? NO, SIR. NO VOICEMAILS, NO SPEAKERS. OKAY. AND THIS IS ACTUALLY IN MY DISTRICT. AND SO I HAVE A, ACTUALLY A QUESTION FOR, UM, FOR STAFF, SINCE THIS WAS A, UH, WOULD BE A CD AND A SITE PLAN WAS PROVIDED, SHE WOULD BE LOCKED INTO THE SITE PLAN PROVIDED AS FAR AS WHERE PARKING IS LOCATED, WHERE THAT ADDITIONAL BUILDING IS, CORRECT? YES. AND THE MORE IMPORTANTLY, THE SQUARE FOOTAGE AND THE, AND YES. YEAH. MM-HMM. . EXACTLY. OKAY. THANK YOU. UM, LET ME OPEN IT UP FOR OTHER QUESTIONS FROM COMMISSIONERS ON MY LEFT. COMMISSIONER, I DIDN'T KNOW. COMMISSIONER GREATHOUSE, IT'S ME, . UM, I JUST HAVE ONE QUESTION FOR STAFF. WHY IS THIS RECOMMENDED FOR DENIAL ? I'M JUST, SORRY, I DON'T WANT THE ELEPHANT IN THE ROOM. NO, I, I MEAN, I'M SURE, UH, REBECCA COULD EXPLAIN THIS, BUT, UH, I'LL SAY WE'RE A TRIP TO THE PODIUM. SO THIS IS WHAT HAPPENS WHEN A PROPERTY HAS THE B TWO R FOUR CONVERSION. THEY GET A DUPLEX BY RIGHT. AND THEN THEY ADD A BONUS UNIT BECAUSE THE PROPERTY OWNER LIVED THERE. WELL, AS WE HEARD FROM THE APPLICANT, SHE BOUGHT THE PROPERTY AND NOW SHE WANTS TO BE ABLE TO USE IT, BUT SHE'S NOT GONNA LIVE THERE. SO SHE'S BASICALLY TRYING TO RIGHT ZONE IT. AND WE ARE JUST TRYING TO KEEP THE INTEGRITY OF THE ZONING THAT'S ON THE GROUND, UM, BASICALLY INTACT, WHICH IS THE R FOUR. UM, AND SO TWO UNITS WOULD BE APPROPRIATE. OBVIOUSLY SHE CAN'T DO THAT, UM, BECAUSE SHE'S ALREADY GOT THE THREE ON THERE. SO THIS ONE'S COMPLETELY UP TO YOU GUYS AND COUNCIL. OKAY. QUESTIONS FROM MY RIGHT. COMMISSIONER? YES. COMMISSIONER FUENTES. YES. SO BEING THAT THERE'S ALREADY THE THREE DWELLING UNITS THERE AND THERE'S REALLY, IT, IT'S JUST BRINGING IT UP, BRINGING IT TO A LEGAL STATUS. I DO KNOW THAT WITH THAT LEGAL STATUS COMES CERTAIN OPPORTUNITIES FOR THOSE RESIDENTS, UM, WHO CHOOSE TO LIVE IN THAT AREA TO, TO GAIN. SO I, I DON'T SEE THAT THIS SHOULD BE A PROBLEM. OKAY. UH, COMMISSIONER MCDANIEL, ANY QUESTIONS? YES, I, I'M, I'M, SO QUESTION FOR STAFF, GIVEN THE EXAMPLES THAT THE APPLICANT CAN, HAS GIVEN, ARE THESE OTHER PROPERTIES SIMILARLY ZONED THEN? OR ARE THEY NON-CONFORMING? DO WE KNOW? WELL, YES. I MEAN, THE ENTIRE AREA IS, UH, BENEFITS FROM THE B TWO R FOUR CONVERSION. SO SOMEBODY COULD BUILD A ATTACHED DUPLEX ON THE LOT IF IT'S NOT ALREADY THERE OR IF THEY HAVE ONE, THEY CAN MAINTAIN THAT AND STILL GET A BA A BONUS UNIT AS LONG AS THEY, UM, OWN THE PROPERTY. LIVE ON THE PROPERTY. LIVE ON THE PROPERTY, YES. OKAY. OKAY. AND SHE JUST WASN'T AWARE THAT SHE HAD TO LIVE ON THE PROPERTY WHEN SHE PURCHASED IT. OKAY. I THINK YOU COULD ASK HER THAT JUST TO BE SURE, BUT I DON'T WANNA MAKE AN ASSUMPTION, BUT I'M SURE SHE COULD ANSWER THAT IF YOU'D LIKE. OKAY. AND, AND LET ME JUST CLARIFY THAT THEN. SO, QUESTION FOR THE APPLICANT, OKAY? YES, MA'AM. OKAY. SO I AM JUST TRYING TO UNDERSTAND, UH, WHEN YOU PURCHASED THE HOME, WAS IT MADE CLEAR TO YOU THAT THE, THAT THE ZONING WASN'T GONNA FIT YOUR NEED? OR, OR DID YOU UNDERSTAND THAT YOU WERE GONNA HAVE TO LIVE THERE IN ORDER TO, TO USE THE PROPERTY THAT WAY? WELL, UH, I ALREADY KNOW THAT THE ZONING IS OUR, FOR WHEN I PURCHASED IT AND I WASN'T GONNA LIVE THERE, I WAS GONNA LIKE, UH, RENT IT OUT. BUT, UH, UM, I DID, UH, REZONING, UH, BEFORE, UM, UM, AND THE OTHER PROPERTY, UH, THE SAME, UH, ISSUE, [04:00:01] LIKE THERE WAS ALREADY AN EXISTING ONE. I JUST WANNA MAKE IT LEGAL. UM, SO, UM, I SAID LIKE, YOU KNOW, EVERYBODY, LIKE, I, I KNOW THAT THERE'S A MALARA LIKE, UH, HOUSES IN THE BACK, LIKE MINI, LIKE CA SO I, I SAID LIKE, YOU KNOW, UM, THIS, THIS WOULD BE, UH, YOU KNOW, THE, I DON'T THINK IT'S GONNA BE AN ISSUE TO REZONE BECAUSE EVEN THOUGH IT'S AN R FOUR, A LOT OF THEM, UM, LIKE, UM, ALREADY HAS A, UM, UH, HOUSE IN THE BACK THAT THEY SHOULD BE, UM, REZONING IT 'CAUSE IT'S NOT LIKE LEGAL. AND THERE'S EVEN AN RMM FIVE IN THE, ACROSS THE STREET. SO NOT ALL OF IT IS R FOUR. OKAY. I JUST WANTED TO BE SURE YOU UNDERSTOOD. YEAH. THE, THE ISSUE, UH, WHETHER YOU LIVED ON THE PROPERTY OR NOT BEING THAT NEED TO REZONE IT. SO THANK YOU. ALRIGHT. THANK YOU COMMISSIONER ANIEL. UM, ANY OTHER QUESTIONS? SEEING NONE, UM, I, I, I RESPECT, UH, STAFF'S RECOMMENDATION. UM, HOWEVER, IN, IN, IN THIS CASE, I WILL BE MAKING A, A MOTION FOR APPROVAL, UM, BECAUSE, UM, A COUPLE REASONS. ONE, THERE'S A LOT OF EXAMPLES OF A DUPLEX WITH A, A, ANOTHER UNIT IN THE BACK, AND I UNDERSTAND THE, THE DIFFERENCE BETWEEN OWNER OCCUPIED AND, AND NOT. UM, BUT, UM, THE SITE PLAN BASICALLY, IT BASICALLY LOCKS IT INTO WHAT'S GOING ON CURRENTLY, EXCEPT THAT WE ARE ADDING A POSSIBLE ADDITIONAL RENTER VERSUS, UM, THE, THE HOMEOWNER BEING THERE. UM, CINCINNATI IS A, A MORE OF A MAJOR ROAD. I MEAN, IT'S NOT A HUGE ROAD, BUT IT'S A, IT LITERALLY LEADS RIGHT DOWN THE STREET INTO, INTO ST. MARY'S. UM, SO WITH THAT SAID, I HAVE MAKING A MOTION FOR APPROVAL. IS THERE A CHAIR? SECOND. SECOND, THEN, OH MY GOSH. I'M GONNA GO WITH MY NEIGHBOR. COMMISSIONER FUENTES FOR THE SECOND. SO ANY DISCUSSION LEFT, RIGHT. COMMISSIONER MCDANIEL DISCUSSION? OH, NO. ALRIGHT. ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES. OH, SORRY. DO I SHARE SIPES I'LL CALL YOU LAST. OKAY. SORRY. COMMISSIONER FUENTES? YES. COMMISSIONER WATSON. YES. COMMISSIONER KAMATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. VICE CHAIR SIPES? YES. MOTION PASSES FOR APPROVAL. ALRIGHT, THANK YOU. ALRIGHT, ANYBODY NEED A QUICK BREAK OR ARE WE GONNA JUST POWER THROUGH? WE'RE WE'RE GOING, WE'RE GOING. ALRIGHT. JUST TO LET YOU KNOW THAT DINNER'S ARRIVING AT 5 45 AT 5 45. OKAY. WELL THAT, THAT'S, THAT'S A GOOD NOTE. THANK YOU. MOVING ON TO ITEM NUMBER 13. GOOD AFTERNOON. MY NAME IS SUMMER MCCANN ZONING PLANNER WITH DEVELOPMENT. UM, GOOD AFTERNOON. MY NAME IS SUMMER MCCANN ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 13 IS LOCATED AT 7 1 4 VANCE JACKSON GOING FROM R FOUR CD. UM, RESIDENTIAL SINGLE FAMILY DISTRICT 2 0 1 OFFICE DISTRICT. THERE WERE 30 NOTICES MAILED TWO IN FAVOR, ONE OPPOSED, TWO IN FAVOR OUTSIDE OF 200 FEET. AND LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED THE EXISTING R FOUR CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR HARDWARE SALES AS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED NC NEIGHBORHOOD COMMERCIAL IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED DEVELOPMENT IS NOT CONSISTENT WITH THE ESTABLISHED RESIDENTIAL USES IN THE AREA. THE SUBJECT PROPERTY IS FRONTING A LOCAL STREET AND A BUDDING SINGLE FAMILY DWELLINGS. ALTHOUGH THE PROPERTY IS ALONG A SECONDARY ARTERIAL, THE PROPOSED DEVELOPMENT WOULD NOT BE CONSISTENT WITH THE EAST SIDE OF VANCE JACKSON, WHICH IS PRIMARILY RESIDENTIAL. ADDITIONALLY, FURTHER ENCROACHMENT OF COMMERCIAL USES IS NOT ENCOURAGED OR SUPPORTED AT THIS LOCATION. STAFF RECOMMENDS DENIAL AND THE APPLICANT, UM, HAD TO LEAVE. SO SHE'S REQUESTING A TWO WEEK CONTINUANCE TO MARCH 15TH. ALRIGHT, THANK YOU. DO WE HAVE PUBLIC COMMENT? NO, SIR. ALRIGHT. UM, I BELIEVE THIS IS A DISTRICT ONE CASE. YES, I DID MOTION FOR CONTINUANCE FOR TWO WEEKS TO THE MARCH 15TH CASE FOR ITEM NUMBER 13, SECOND . I'M SORRY, [04:05:01] . ALRIGHT. THERE WAS, THERE'S, THERE'S A MOTION FOR CONTINUANCE FOR TWO WEEKS, YOU SAID? YEAH. WE'RE GONNA PILE UP BACK WHEN CHAIR BUSTAMONTE IS BACK. UM, . YEAH. ALRIGHT, WE'RE FOLLOWING THROUGH. SECOND BY COMMISSIONER MCDANIEL. ANY DISCUSSION? NONE. ALRIGHT. ROLL CALL VOTE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS. COMMISSIONER WHITE? YES. VICE-CHAIR SIPES? YES. MOTION PASSES FOR CONTINUANCE. ALRIGHT. ITEM NUMBER 15, I BELIEVE. GOOD AFTERNOON. MY NAME IS SUMMER MCCANN ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 15 IS GENERALLY LOCATED IN THE 5400TH BLOCK OF EISENHOWER ROAD GOING FROM R TWO, UR SOME, SORRY, C TWO COMMERCIAL DISTRICT MF 33 MULTIFAMILY DISTRICT, R SIX RESIDENTIAL SINGLE FAMILY DISTRICT AND BP BUSINESS PARK DISTRICT TO BP BUSINESS PARK DISTRICT WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 54 NOTICES MAILED ZERO RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION, FIVE OPPOSED OUTSIDE OF 200 FEET AND THERE WAS NO RESPONSE FROM THE KIMMEL AT ONE NEIGHBORHOOD ASSOCIATION. THE BRYCE PLACE NEIGHBORHOOD ASSOCIATION AND THE NE CROSSING HOMEOWNERS ASSOCIATION. UM, THE EXISTING C TWO COMMERCIAL DISTRICT, MF 33 MULTIFAMILY DISTRICT, R SIX RESIDENTIAL SINGLE FAMILY DISTRICT AND BP BUSINESS PARK DISTRICT ARE APPROPRIATE ZONINGS FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED BP BUS BUSINESS DISTRICT BUSINESS PARK DISTRICT IS ALSO APPROPRIATE AND PRESENTS THE OPPORTUNITY FOR THE, FOR THE DEVELOPMENT OF VACANT LAND. THE PROPERTY IS A BUDDING VARIOUS USES AND WOULD BE CONSISTENT WITH NEIGHBORING BP ZONING TO THE EAST. THE REQUESTED ZONING CREATES A MORE COHESIVE ZONING PATTERN FOR THE PROPERTY AND SURROUNDING AREA. ADDITIONALLY, THE PROPOSED DEVELOPMENT IS APPROPRIATE GIVEN PROXIMITY TO LOOP FOUR 10 IN A PREMIUM TRANSIT CORRIDOR. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT. THANKS IF WE COULD HAVE THE APPLICANT PLEASE. HI, UH, GOOD AFTERNOON OR EVENING, UH, JAMES GRIFFIN. UH, TEN TEN ONE, UH, REUNION PLACE, SUITE TWO 50. UH, IT WAS POINTED OUT TO ME LAST WEEK THAT I, UH, ALMOST ALWAYS, UH, START THESE PRESENTATIONS WITH. I'LL BE BRIEF AND THEN I RAMBLE ON FOR, UH, 15 MINUTES . SO I'M GONNA TRY AND ACTUALLY BE, BE VERY BRIEF THIS TIME. UM, ALTHOUGH I'M HAPPY TO GO INTO ANY MORE DETAILS IF ANYBODY HAS ANY QUESTIONS. UM, WE HAVE, WE HAVE STAFF SUPPORT. WE WERE PLANNING COMMISSION LAST WEEK. UH, THEY RECOMMENDED APPROVAL. UM, WE, UH, WE'VE BEEN WORKING CLOSELY WITH, UH, CAMELOT ONE NEIGHBORHOOD ASSOCIATION AND, AND, UH, MR. GORDON GRABLE, PRESIDENT OF THE, UH, H O A OR, OR NEIGHBORHOOD ASSOCIATION IS HERE. AND, AND THANK YOU. BIG THANKS TO HIM FOR STICKING AROUND FOR, FOR SO LONG. UM, UH, WE HAVE A, A HANDFUL OF DESIGN STANDARDS THAT WE'VE, UH, UH, WORKED OUT WITH THE NEIGHBORHOOD, UH, LANDSCAPING, LIGHTING, ACCESS, TREES, ALL THAT, UH, GOOD STUFF. UM, AND THE BUSINESS PARK, UH, IS A DISTRICT THAT REALLY PROVIDES ENHANCED DESIGN DEVELOPMENT DISTRICTS OR STANDARDS, UH, AS WELL. SO, UM, MAYBE I'LL JUST STOP THERE, BUT AGAIN, HAPPY TO GO INTO MORE DETAIL ABOUT, UM, PROJECT OR THE, OR THE ZONING, IF DON'T MIND. OKAY. I, I, I WOULD LOVE TO. UM, SO, OH YEAH, WE EVEN HAVE A, A POWERPOINT. UM, SO HERE, HERE'S THE SITE. IT, IT IS, UH, IT'S ABOUT 50 ACRES. IT'S RIGHT AT, UM, IT, UH, CLOSE TO, UH, WINDCREST, UH, EISENHOWER, UH, TO THE SOUTH. THERE YOU HAVE WALHAM TO THE NORTH AND TO THE EAST. UM, THIS WAS ALL PART OF A, A MUCH LARGER PROPERTY, ALL OWNED BY THE SAME, UH, UH, GROUP. THE, UM, KIND OF EASTERN HALF, UH, ON THIS SIDE OF EISENHOWER, UH, HAS BEEN ZONED BP FOR QUITE SOME TIME. UH, AND IT IS ABOUT TO, UH, START CONSTRUCTION OR YOU'RE ABOUT TO SEE CONSTRUCTION START, UH, ON THE PROPERTY FOR A VERY SIMILAR PROJECT. UH, YOU ALSO HAVE, UH, A SIMILAR PROJECT ACROSS THE STREET AS WELL AS A HANDFUL OF KIND OF FURTHER DOWN EISENHOWER, YOU KNOW, PROXIMITY TO THE HIGHWAYS HERE, UM, UH, ARE REALLY CONDUCIVE TO A LOT OF THE, THE OFFICE WAREHOUSE DEVELOPMENT THAT YOU'RE SEEING MORE AND MORE OF. UM, THERE ON THE ZONING MAP, YOU CAN SEE, UH, THE NEARBY BP ZONING, UH, WHICH IS WHAT WE ARE REQUESTING. THE CURRENT ZONING WE'RE ABOUT A LITTLE OVER HALF OF OUR PROPERTY IS MF 33. UH, IT HAPPENS TO BE THE HALF THAT ABUTS THE NEIGHBORHOOD AND THE SCHOOL. UM, ONE THING WE'VE HEARD ON THIS CASE AND OTHERS OVER AND OVER AGAIN IN THE AREA IS THAT ANY MORE MULTIFAMILY IS NOT DESIRED, TO SAY THE LEAST. SO, UH, IN ADDITION TO THE BENEFITS OF THE BP AND THE, UH, PROJECT ITSELF, [04:10:01] WE'RE GETTING RID OF, UH, ALMOST 30 ACRES OF MULTIFAMILY ZONING AT 33 UNITS AN ACRE RIGHT UP AGAINST THE NEIGHBORHOOD. SO, UM, UH, PRETTY BIG BENEFIT THERE. UM, MAYBE I JUST FLIP INTO THE NEXT ONE. UH, HERE. HERE'S OUR SITE PLAN. COUPLE, UH, FEATURES TO POINT OUT. SO YOU HAVE, UH, UH, THREE BUILDINGS OF VARIOUS SIZES. AGAIN, UH, OFFICE WAREHOUSE, A PROJECT, UM, COUPLE DESIGN FEATURES. THEY, THEY'RE DESIGNED TO REALLY SHIELD ANY OF THE DOCKS AND, AND WINDOWS AND OPENINGS AND, UH, ANYTHING THAT GOES WITH THAT FROM THE NEIGHBORS. UH, AND FROM THE ROAD ITSELF. UH, THAT FRONT BUILDING UP ON EISENHOWER, UH, THE DOCKS ARE ONLY IN THE BACK AND IN THE FRONT FACING THE STREET YOU HAVE, UH, MORE OF A STOREFRONT KIND OF FEEL. UM, THE ONE IN THE BACK, UH, ALSO JUST HAS THE DOCKS, OR EXCUSE ME, THE ONE IN THE MIDDLE HAS DOCKS ALSO IN THE BACK. UH, AND THEN THE LARGER BUILDING IS TUCKED AWAY IN THE BACK. THERE DOES HAVE DOCKS ON BOTH SIDES, BUT, UH, SHIELDED FROM, FROM VIEW AND, AND, UH, NONE FACING THE NEIGHBORHOOD, UH, OFF TO THE WEST THERE, WHICH IS CAMELOT AND BRYCE PLACE. UM, WE DID, UH, WE HAVE MADE SOME CHANGES TO THE SITE PLAN. WE HAD SOME PARKING AREAS CLOSER TO THE NEIGHBORHOOD, UH, THAT HAVE BEEN ELIMINATED AND REPLACED WITH MORE GREEN OPEN SPACE. UM, THE, UH, THERE WILL BE AT LEAST A 15 FOOT LANDSCAPE BUFFER ON OUR SIDE WITH A FENCE AND A WALL. UH, AND THEN YOU ACTUALLY HAVE A NATURAL DRAINAGE CHANNEL THAT'S ABOUT 55 FEET WIDE AT ITS NEAREST POINT BETWEEN OUR PROPERTY, UH, AND THE NEIGHBORHOOD. SO THERE'S SOME PRETTY GOOD SEPARATION BUFFERING. UH, THERE'S A NICE ROW OF EXISTING TREES THAT'S KIND OF RIGHT ON THE PROPERTY LINE THERE AS WELL. UH, AND WE'VE AGREED TO, UM, NOT REMOVE ANY OF THOSE TO PRESERVE ALL THOSE TREES TO THE EXTENT THEY ARE IN OUR PROPERTY. AND, AND WE CERTAINLY WON'T REMOVE 'EM IF THEY'RE IN THE DRAINAGE CHANNEL, BUT WE CAN'T, I GUESS, STOP THE CITY FROM, FROM DOING SO IF NEEDED IN THE FUTURE. SO, UM, I COULD GO ON WITH MORE, BUT, UM, YES, THANK YOU. YOU'RE GOOD. . THANK Y'ALL FOR PATIENCE AND TIME AND EVERYTHING AND THANK YOU MR. STICKING AROUND AS WELL. ALRIGHT, PUBLIC COMMENT. THERE'S ONE VOICEMAIL I THINK WE HAVE IS JULIANNA CLIENT. I THOUGHT I THOUGHT HE HAD SIGNED UP OR HE WAS VOICEMAIL. OKAY. YES, THIS IS JULIANA KLEIN AND I LIVE AT 7 5 0 2 CASTLE GREEN AND THE ZIP CODE IS 7 8 2 1 8. I'M CALLING IN REGARDS TO THE NOTICE OF ZONING COMMISSION, UM, PUBLIC HEARING THE Z DASH 2,000,022 DASH 1 0 7 0 0 1 7. UNFORTUNATELY I WILL NOT BE ABLE TO MAKE IT DOWN THERE TODAY. UH, I WAS ABLE TO MAKE IT TO THE, UH, PLANNING CHANGE THE AMENDMENT CASE. HOWEVER, SOMEONE STOOD UP AND SAID THAT NO NEIGHBORS HAD OPPOSED IT. NO RESPONSE, NO NOTHING FOR OR AGAINST. HOWEVER, THAT WAS A BLATANT LIE ON THE PART OF THE PERSON WHO REPORTED IT AND THE ATTORNEY, MR. GRIFFIN, BECAUSE I HAVE PROOF NOW OF E EMAILS FORWARDED FROM MY NEIGHBORS AND I PERSONALLY APPEARED TO OPPOSE IT AGAIN, UNFORTUNATELY I WILL NOT BE ABLE TO, UH, BE THERE TODAY. I ALSO HAVE NEIGHBORS WHO CONTACTED ME VIA NEXAR.COM WHO STATED THAT THEY CALLED AND LEFT VOICEMAILS JUST AS I AM DOING. AND I AM ALSO RECORDING THIS VOICEMAIL ON MY END DATED AT APPROXIMATELY 9:55 AM UH, ON TUESDAY, MARCH THE FIRST. JUST FOR THE REST FOR, SO AGAIN, I DO, I AM IN OPPOSITION. I DO OPPOSE THIS AS THE NEIGHBORS HAVE NOT BEEN MADE AWARE AND THE BOARD HAS BEEN LIED TO AND I HOPE THEY DON'T DO IT AGAIN TODAY. BUT, UH, I AM GOING TO DO MY BEST TO CONTACT ONE OF THE NEWS OUTLETS THAT WILL LOOK INTO THIS AS TO WHY THE BOARD IS CONTINUALLY TOLD THAT THE NEIGHBORS ARE NOT RESPONDING WHEN WE ARE. THANK YOU VERY MUCH AND HAVE A GREAT DAY. ALRIGHT. AND DID WE FIND THE SOMEONE SIGNED UP TO SPEAK? YES, GORDON. GRATEFUL. THANK YOU. IF YOU COULD GIVE YOUR NAME AND ADDRESS. THANK YOU. I'M GORDON REBEL, I'M PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, CAMELOT ONE, AND THAT WAS JULIANA KLEIN , ONE OF OUR RESIDENTS WHO'S VERY CONCERNED. SHE LIVES ON CASTLE GREEN STREET. SO WE HAVE TAKEN THE STEPS WITH HER CONCERN TO NEGOTIATE [04:15:01] WITH THE DEVELOPERS TO COME UP WITH A PROCESS THAT'LL KEEP THE NEIGHBORS BUFFERED, IF YOU WILL, FROM THE ONGOING WHAT WAS GONNA BE A PARKING LOT IN THEIR BACKYARD INTO SOMETHING MUCH NICER. SO THE BOARD OF CAMELOT ONE IS FOR THE PROJECT AT THIS POINT IN TIME. SO THAT'S WHAT I'LL SAY. ALL RIGHT. THANK YOU. UM, MR. GRIFFIN, DID YOU NEED A REBUTTAL? UH, PRO, PROBABLY NOT, BUT WE'RE WORTH MENTIONING. UM, WE, YEAH, WE'VE, WE'VE TRIED TO REACH OUT TO, UH, MRS. KLEIN A A FEW TIMES AS WELL, AND, UM, STILL NOT SURE IF SHE HAS ANY ACTUAL, IF CONCERNS OR ISSUES, UH, WITH THE PROJECT. UM, IF SHE DOES LOVE TO TALK THROUGH 'EM AND GO OVER 'EM. AND AGAIN, WE'VE OFFERED TO, TO MEET WITH HER TO GIVE INFORMATION TO, UH, ANY OTHER NEIGHBORS THAT HAVEN'T RECEIVED IT THROUGH THE OTHER MECHANISM. SO WE, WE, WE HAVE, UH, VERY MUCH TRIED TO BE IN, IN COMMUNICATION. I KNOW MR. GRABLE HAS AS WELL, BUT, UM, WE'LL MAYBE EASIER SAID THAN DONE, BUT, UM, AGAIN, THANK Y'ALL FOR YOUR TIME. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. ALRIGHT, THANK YOU COMMISSIONER WATSON. OKAY, WELL, UM, AS UCONN ALL SEE FROM THE MAP, IT IS, WHILE THERE IS, UM, SOME BUSINESS AREA, THERE'S ALSO A LOT OF RESIDENTIAL IMMEDIATELY AROUND IT. AND WHENEVER, UM, THERE'S 54 NOTICES MAILED AND WE RECEIVE NO RESPONSE, THAT'S AN INSTANT FLAG FOR ME, ESPECIALLY IN OUR DISTRICT WHERE WE KNOW THERE ARE SOMETIMES CHALLENGES WITH RECEIVING NOTICES IN TIME, UM, MAKING SURE PEOPLE ARE AWARE OF WHAT'S HAPPENING WITH NEIGHBORHOOD ASSOCIATIONS. I APPRECIATE THE GREATER DETAIL ABOUT THE PLANS AND THE EFFORT MADE, UM, TO ENSURE THAT THERE'S A BUFFER BETWEEN THOSE RESIDENTIAL AREAS. UM, AND TO EXPLAIN HOW THIS FITS INTO THE DEVELOPMENT PLAN OVERALL, UM, SINCE YOU HAVE EXPRESSED A WILLINGNESS TO WORK WITH THE NEIGHBORS, UM, I DO WANNA MAKE A MOTION TO CONTINUE FOR TWO WEEKS JUST BECAUSE I HAVE HEARD THAT THERE IS, UM, SOME VOICEMAILS THAT MAY NOT HAVE BEEN RECEIVED AND I WANNA LOOK INTO THAT. AND, UM, I KNOW IT'S A LITTLE EARLY FOR THE MOTION, BUT IT'S THE END OF THE DAY. IS THAT SOMETHING YOU WOULD ENTERTAIN? UH, YEAH. YES, IT, NOR NOR NORMALLY IT WOULD BE. UM, BUT WELL, I, I GUESS I'M GET TO MAKE THE DECISION OUT OF, OUR CLIENT HAS SOME TIGHT TIMELINES, UH, ON THIS. THEY, THEY ACTUALLY, THEY HAVE HAD THIS PROPERTY UNDER CONTRACT WITH SEVERAL MULTI-FAMILY BUYERS, UH, RECENTLY AND THEY FOUND THIS BUYER FOR THE BUSINESS PARK USE, WHICH IS ACTUALLY, UM, IT'S A, A GROUP AFFILIATED WITH THE ONE NEXT DOOR. SO IT PROVIDES SOME CONSISTENCY AND, AND A MORE APPROPRIATE USE. AND HONESTLY I JUST DON'T WANT THEM TO LOSE THAT. AND AGAIN, YEAH, WE WANNA REACH OUT TO ANYBODY AND EVERYBODY, UH, I UNDERSTAND THAT THAT HELPS. UH, MR. GRABLE, WOULD YOU MIND COMING UP? UM, CAN YOU WATSON YES. ELABORATE A LITTLE BIT ON, UM, YOUR EXPERIENCES WORK, WORKING WITH, UM, YOUR NEIGHBORS IN CAMELOT ONE? UM, I KNOW YOU GUYS HAVE, PART OF THE OTHER THING THAT FLAGGED ME IS THAT THIS WAS CAMELOT ONE AND I KNOW YOU GUYS HAVE HISTORICALLY HAD SOME ISSUES WITH, UH, TRUCKS AND SOME CHALLENGES WITH THAT IN THE NEIGHBORHOOD. SO BUSINESS PARK SORT OF FLAGGED ME THOUGH. I THINK THIS, THIS MAY ADDRESS THAT, BUT DO YOU WANNA JUST TALK A LITTLE BIT ABOUT THE PROCESS? YOU USED TO DO SOME OUTREACH TO YOUR COMMUNITY? WE HAD A, UH, BOARD MEETING AND WE SENT, UH, JULIANA KLEIN NOTICE BECAUSE EVERYTHING THE BOARD DOES, SHE OPPOSES, IT'S HER NATURE I GUESS. AND, UH, WE SPENT TWO HOURS WITH HER AND WE COME UP WITH A LIST OF THINGS WE NEED TO GET THE DEVELOPER TO DO THAT WOULD BE ACCEPTABLE TO THE NEIGHBORS SO THAT THEY WOULDN'T BE TOTALLY DISTURBED BY THIS NEW VENTURE BEHIND THEIR HOUSES. SO WE WORKED WITH THE ATTORNEYS BEHIND ME AND CAME UP WITH A PLAN AS TO THE TRUCK DRIVING TRAFFIC. YOU'RE TALKING ABOUT DRIVING THROUGH WINDCREST INTO OUR NEIGHBORHOOD. YOU KNOW, WE'VE GOT SOME NEW SIGNS NOW THAT ARE BIG THAT THE TRUCKERS CAN SEE. I'VE WORKED WITH THE CITY MANAGER, THE CITY OF WINDCREST TO GET THAT DONE AND THE MAYOR. SO, YOU KNOW, WE'RE DOING WHAT WE CAN TO KEEP THE NEIGHBORHOOD AS NEIGHBORLY FRIENDLY AS POSSIBLE. WOULD IT BE FAIR TO SAY THAT THAT IS NOT A CONCERN YOU HAVE RELATED TO THIS PROPOSED DEVELOPMENT? SAY THAT AGAIN. I COULDN'T HEAR YOU. WOULD IT BE FAIR TO SAY THAT THAT TRAFFIC IS NOT A CONCERN THAT YOU HAVE WITH THIS PROPOSAL? OH NO. OKAY. BECAUSE IT'S ON THE OTHER SIDE OF THE SUBDIVISION. PERFECT. THAT HELPS A LOT. THANK YOU. OKAY, THANK YOU. ANYBODY ELSE? WE'LL SEE, WE'LL SEE . OKAY. ANY, IS THAT THE, I HAVE ONE VERIFICATION, WELL, WHEN I HEARD HER MESSAGE AND I ACTUALLY LISTENED TO ALL OF THE MESSAGES BEFORE YOU GUYS EVEN GET THEM, SO I GAVE HER A CALL AND ASKED HER, UH, BECAUSE SHE SAID THAT THEY'RE WERE [04:20:01] VOICEMAILS FOR TODAY, AND I MYSELF SCREENED ALL OF THEM. AND SO I CALLED HER AND I SAID, YOURS IS THE ONLY ONE IN THE VOICEMAIL, SO IF THERE'S SUPPOSED TO BE OTHERS, WE DIDN'T GET SHE, SO SHE DIDN'T REALLY HAVE A COMMENT TO THAT, BUT SHE DID WANT TO BE SURE THAT WE HAD GOTTEN EMAILS RELATED TO OPPOSITION, WHICH WE DID FORWARD TO YOU. I HAVE FOUR, NOT FIVE, BUT YES. SO , SO, YES. AND, AND I ALSO MENTIONED TO HER, BECAUSE SHE SAID IT WAS DURING THE PLANNING COMMISSION MEETING THAT THE VOICEMAILS WERE NOT PLAYED. THAT IF THOSE VOICEMAILS ARE RECEIVED AFTER 10:00 AM WE DON'T, WE DON'T PLAY THEM. AND HERS WAS VERY CLOSE TO THE DEADLINE. SHE, HER TIMESTAMP WAS 9 57 THIS MORNING. SO, UM, JUST, JUST A BIT OF CLARIFICATION THERE, BUT I WAS CONCERNED AS WELL AND I TALKED TO HER AND SHE JUST WANTED TO BE SURE WE WERE AWARE. OKAY, THAT IS HELPFUL. I WILL, UH, DEFER TO MY OTHER COMMISSIONERS IN CASE YOU ALL HAVE ANY QUESTIONS. ALRIGHT, ANY QUESTIONS? COMMISSIONERS DOWN LEFT. COMMISSIONER FUENTES? NO, VICE CHAIR. I JUST, UM, I I WILL EXPRESS SUPPORT FOR THIS PROJECT, FOR THIS ITEM. SO I JUST WANTED TO TELL YOU I OKAY. THIS FIRM AND THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION BEING HERE AND WAITING FOR FOUR AND A HALF HOURS TODAY, UH, SPEAKS FOR ITSELF THAT THEY REALLY, UH, COMMUNITY ENGAGED. SO, UH, I WILL SUPPORT THIS, UM, PROJECT. ALRIGHT, WELL WHEN WE HAVE A MOTION, WE CAN DO THAT. UM, COMMISSIONER MCDANIEL, ANY QUESTIONS? NO. ALRIGHT. UM, LEMME SEE IF I HAVE ANY. NO, I DON'T. ALRIGHT. COMMISSIONER WATSON, DISCUSSION MOTION. I APPRECIATE EVERYONE BEARING WITH ME. THIS JUST HAPPENS TO BE A NEIGHBORHOOD THAT HAS HAD SOME ISSUES WITH BUSINESS DEVELOPMENT BEFORE, SO I WANTED TO DO MY DUE DILIGENCE AND MAKE SURE, YOU KNOW, WE'RE ADDRESSING EVERYBODY'S CONCERNS. UM, AND I APPRECIATE BOTH MY COMMISSIONERS AND APPLICANT AND MR. GRABLE. UM, STICKING WITH US THROUGHOUT HAS BEEN A VERY LONG DAY. UM, WITH THAT SAID, UM, WITH THE ADDITIONAL QUESTIONS BEING ANSWERED, UM, I'M GONNA MAKE A MOTION FOR THIS TO, UH, MOVE FORWARD, UM, TO COUNCIL WITH APPROVAL. I WOULD SUGGEST THAT YOU GET IN TOUCH WITH THE COUNCIL OFFICE BETWEEN NOW AND THE COUNCIL DATE JUST TO MAKE SURE THAT WE ADDRESS ANY OTHER CONCERNS. I DON'T KNOW THAT THERE WILL BE SOME, BUT JUST, JUST TO AVOID A BLIND SIDE WHEN YOU GET THERE. UM, BUT, UH, WITH THAT I'M MOTION TO APPROVE. OKAY. MOTION FOR APPROVAL BY COMMISSIONER WATSON IS THERE'S SECOND. I SECOND. SECOND. ALL RIGHT. I SAW COMMISSIONER BARTOS AT THE END FIRST. UM, ANY DISCUSSION LEFT? NO. RIGHT. MCDANIEL? NO. NO. ALRIGHT. UH, MOTION IS FOR APPROVAL BY COMMISSIONER WATSON, SECOND BY COMMISSIONER BARTOS. ROLL CALL. VOTE PLEASE. COMMISSIONER WATSON? YES. COMMISSIONER FUENTES? YES. COMMISSIONER KATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER WHITE? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. VICE CHAIR SIPES? YES. MOTION PASSES. ALRIGHT. STILL NO OPPORTUNITY FOR A BREAK? NO. ? NO. ALRIGHT. LAST ONE MINUTES. OKAY. OKAY. UM, UM, WE WILL MAKE A NOTE THAT, UH, COMMISSIONER WHITE IS LEAVING THE, LEAVING THE MEETING AT 5 30, 5 37 IT LOOKS LIKE. ALRIGHT. OKAY. GOOD AFTERNOON OR EVENING BEST MAKOS PLANNER WITH DEVELOPMENT SERVICES. R NUMBER 17 IS LOCATED AT TEN TWO TWO FIVE BRAUN ROAD GOING FROM R FORD'S M X D WITH MAXIMUM DENSITY OF 50 UNITS PER ACRE. THERE WERE FOUR NOTICES SENT OUT. TWO IN SUPPORT, ZERO IN OPPOSITION WITHIN THE 200 FEET, ONE IN SUPPORT, 15 IN OPPOSITION OUTSIDE THE 200 FEET. TWO IN SUPPORT OUTSIDE CITY LIMITS AND NO RESPONSE FROM ENC CLIVE AT LAUREL CANYON COMMUNITY ASSOCIATION. THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREAS. SURROUNDING PROPERTIES ARE PRIMARILY R FOUR, RMM FOUR, AND OR O C L WITH MUCH OF THE LAND BEING VACANT. THE WESTERN PORTION OF THE SUBJECT PROPERTY ABUTS BRAUN ROAD, A SECONDARY ARTERIAL A THAT CONNECTS TO HIGHWAY 1604. THE NORTH MOST PORTION OF THE SUBJECT PROPERTY WILL BE SURROUNDED BY AN UNDEVELOPED BUFFER ADJACENT TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE LOCATION OF THE DEVELOPMENT IS APPROPRIATE GIVEN SURROUNDING LAND USE IN ITS PROXIMITY TO HIGHWAY 1604. THE REQUEST ALSO ENCOURAGES DEVELOPMENT OF DIVERSE HOUSING OPTIONS, WHICH ARE COMPLIMENTARY TO NEARBY EXISTING DEVELOPMENTS. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. THANK YOU. WE GET TO HEAR FROM THE APPLICANT. GOOD AFTERNOON, EVENING, SORRY. EVENING COMMISSIONERS. EMILY WEISLER WITH KI GRIFFIN AND FAIRMAN 1 0 1 0 1 UNION PLACE. WE SUITE TWO 50. UM, I THINK STAFF'S [04:25:01] GONNA BRING UP THE PRESENTATION. KATT SAID SOMETHING ABOUT 5 45. I WILL BE AS BRIEF AS HUMANLY POSSIBLE. UM, BUT WHILE WE'RE GETTING THAT PULLED UP, MAYBE UM, IF WE CAN JUST GO AHEAD AND START WITH SLIDE THREE PLEASE. THANKS. SO , UM, I WILL BE AS QUICK AS POSSIBLE. SO THIS PROPERTY IS JUST UNDER FOUR ACRES LOCATED ON BRON ROAD. YOU CAN SEE THAT WE'RE KIND OF BOUND, UM, 1604 TO THE EAST, UH, GOM ROAD ON THE FAR WEST. UM, AND WE HAVE, UH, VERY LITTLE KIND OF AROUND US. YOU HAVE SOME COMMERCIAL, UH, RIGHT AT THE HARD CORNER OF 1604 AND BRON. UM, BUT REALLY NOT A LOT ELSE BESIDES ENCLAVE AT LAUREL CANYONS, UM, TO OUR NORTHWEST. AND THEN WE HAVE BRON RIDGE AND WILDHORSE. UM, BUT THAT'S REALLY, THAT'S REALLY IT THAT WE'VE GOT GOING ON HERE. UH, NEXT SLIDE. SO, UM, WANTED TO SHOW YOU GUYS THIS ZOOMED IN PHOTO OF REALLY THOSE PROPERTY BOUNDARIES. UM, AND I'LL GET INTO THIS MORE IN JUST A MINUTE, BUT THIS PROJECT, UH, WAS ORIGINALLY A ZONING CASE, UH, ALMOST TWO YEARS AGO, UH, WHERE WE WERE REZONING THE ENTIRE ALMOST EIGHT ACRE TRACT. UM, THE RESIDENTS IN LAUREL CANYON MADE IT VERY, VERY CLEAR THAT THEY WERE NOT SUPPORTIVE OF ANYTHING BEHIND THEIR HOMES. UM, MOST OF WHICH ARE THOSE RESIDENTS ALONG MERRIT FIELD, UM, AND WHERE THEY INTERSECT AT ELLISON FIELD AS WELL. AND ROSE ANGEL MADE IT VERY CLEAR THEY DID NOT WANT ANYTHING BEHIND THEIR HOMES. UM, SOME OF THOSE RESIDENTS HAVE WROUGHT IRON FENCES, SOME OF THEM HAVE NO FENCES, SOME OF THEM HAVE FENCES AT DIFFERENT POINTS IN, IN THE REAR. UM, SO WE WENT BACK TO THE DRAWING BOARD. SPENT OVER A YEAR, UM, WORKING ON A PLAN TO DEVELOP THIS PROPERTY THAT GIVES AS MUCH SEPARATION AS PHYSICALLY POSSIBLE TO THE RESIDENTS AT LAUREL CANYON. UM, IF WE COULD GO TO THE NEXT SLIDE PLEASE. UH, JUST REAL BRIEFLY, UH, IT IS IN THE WEST SECTOR PLAN. UH, WE WENT TO PLANNING COMMISSION LAST WEEK AND THEY RECOMMENDED APPROVAL OF THE MIXED USE PLAN AMENDMENT, UM, TO FACILITATE THE M X D REZONING. SO THE PROPERTY IS R FOUR ON THIS IMAGE. YOU CAN REALLY SEE THAT, OH, HERE'S THE THING. UM, YOU CAN SEE THIS REST OF THIS PARCEL. SO WE ARE REZONING THIS 3.88 ACRE PIECE AND THEN THIS IS THE 3.9 ACRES THAT WE HAVE ELECTED TO LEAVE OUT, UH, OF THIS PROJECT ALTOGETHER. UM, THIS IS AN M X D, WHICH IS A TRUE, THE PROJECT IS A TRUE MIXED USE DEVELOPMENT. SO IT'S GOT GROUND FLOOR COMMERCIAL AND THEN TWO TO THREE STORIES OF MULTIFAMILY ON TOP. UM, AND THEN WE HAVE A SMALL SEPARATE COMMERCIAL PAD SITE ONLY 164 UNITS, SO RELATIVELY VERY SMALL, UM, BUT SIGNIFICANTLY BUFFERED. UH, ONE OTHER POINT IS THIS RMM FOUR PIECE IS, IS OWNED BY OUR CLIENT AS WELL. SAME PROPERTY OWNER, UH, MANAGEMENT THAT IS A NATURE PRESERVE CAMPGROUND. IT IS ENTIRELY WITHIN THE FLOODPLAIN. UM, AND THE FLOODPLAIN KIND OF RUNS RIGHT ALONG THE EDGE OF OUR NORTHERN BOUNDARY HERE. UM, BUT THIS IS ENTIRELY UNDEVELOPABLE. SO YOU COULD GO TO THE NEXT SLIDE, WHICH SHOWS OUR, OUR SITE PLAN HERE. UM, AND YOU CAN SEE WHERE WE'VE DONE EXTENSIVE TREE PRESERVATION IN THE M X D PLAN. UM, THIS WHOLE AREA NEAREST THE FLOOD PLAY BOUNDARY, UH, OF THAT RM FOUR PIECE IS ALL PERMEABLE PAVED PARKING. UM, SO MADE SURE TO KEEP THAT IN MIND. UM, WE HAVE, THIS IS OUR SMALL COMMERCIAL PAD SITE HERE. UM, AND THEN THIS RED AREA IS THE, THE BUILDABLE AREA FOR THE MULTIFAMILY AND COMMERCIAL, THE TRUE MIX USE BUILDINGS. UH, THREE, MAYBE FOUR IF WE'RE LUCKY. UM, BUT, BUT MOST LIKELY THREE BUILDINGS RIGHT HERE FRONTING ON BRAUN. UH, NEXT SLIDE. JUST TO GIVE YOU A POINT OF REFERENCE, THIS WAS THE ORIGINAL PLAN FROM 2020, UM, AND 2021 THAT WE WORKED WITH ENCLAVE AT LAUREL CANYONS. UM, IT WAS, UH, IT'S A VERY DIFFICULT SITE. IT'S A VERY ODD SHAPED SITE. UM, THERE'S A LOT OF DEVELOPMENT RESTRAINTS ON THIS PROPERTY, BUT, UM, THIS WAS THE ORIGINAL SITE PLAN FOR FRAME OF REFERENCE. UM, AND, AND WE HAVE COMPLETELY REMOVED ALMOST FOUR ACRES OF IT. UM, AND SO I WILL WRAP UP VERY BRIEFLY. UM, WANNA MAKE IT VERY CLEAR THAT THE ENTRANCE AND EXIT FOR THIS PROPERTY IS THROUGH BRAUN ROAD ONLY. UM, WE DO NOT HAVE ANY VEHICULAR ACCESS TO THE ENCLAVE AT LAUREL CANYONS. WE DON'T HAVE ANY CONNECTION TO ALYSSA FIELD. UM, ACTUALLY THERE'S A SMALL PARCEL, UH, RIGHT ALONG ALYSSA FIELD THAT'S ACTUALLY OWNED BY THE H O A. SO, UH, WE'RE, WE'RE SIGNIFICANTLY BUFFERED, BUT BUT NOT SURROUNDED BY, UM, OR ADJACENT TO ANY HOMES AT ALL. UM, SO VERY, VERY SMALL DEVELOPMENT. UM, ALMOST FOUR ACRES FULLY PRESERVED. WE'LL ALSO BE INCORPORATING WALKING TRAILS, UM, WITHIN, FROM OUR SITE THROUGH THIS BACK AREA. AND THEN THROUGH THE RMM FOUR, THAT 45 ACRE PIECE. UM, WHICH ALLOWS CONNECTIVITY FOR THOSE NEW RESIDENTS, CONNECTIVITY FOR THE EXISTING RESIDENTS. UM, ONE THING THAT I MENTIONED THAT THERE'S NOT A LOT OF COMMERCIAL IN THIS AREA, UM, WHICH ONLY GOES TO [04:30:01] IMPACT THE, UH, THE TRAFFIC IN THE AREA. PEOPLE HAVE TO DRIVE, THEY HAVE TO GET IN THEIR CAR AND DRIVE TO ANYWHERE THAT THEY NEED SOMETHING, YOU KNOW, UNLESS THEIR NEIGHBOR HAS SUGAR. UM, SO INCORPORATING SOME SMALL COMMERCIAL RETAIL NEIGHBORHOOD TYPE RETAIL DEVELOPMENT HERE, UM, WITH MAJOR WALKABILITY, UM, IS, IS A HUGE IMPACT FOR THOSE RESIDENTS OUT HERE. SO THEY DON'T HAVE TO GET IN THEIR CAR AND DRIVE ALL THE WAY PAST 1604 OR, OR EVEN FURTHER WEST. UM, SO CONNECTIVITY AND WALKABILITY HERE, UM, IS A MAIN DRIVING FORCE IN, IN THIS DEVELOPMENT. SO I KNOW THERE ARE A HANDFUL OF VOICEMAILS, SO I WILL STOP TALKING UNTIL AFTER THAT. THANK, THANK YOU. YOU, UM, EXCUSE ME IF Y'ALL STOP AND EAT 'EM, WE DON LET, LET, LET'S PLAY, LET'S PLAY VOICEMAILS. I'M JUST SAYING. OKAY. WE'LL PLAY VOICEMAILS. THERE'S PROBABLY ENOUGH. I WILL SAY THIS. THERE'S PROBABLY ENOUGH FOOD TO FEED EVERYONE IN THIS ROOM. , I THINK LET'S JUST PLAY THE VOICEMAILS. WE WE CAN, WE CAN POWER THROUGH. THERE'S QUITE A FEW. OH, HOW, HOW, WHAT'S QUITE A FEW? EIGHT. EIGHT. WE'LL TAKE IT. I DIDN'T TAKE IT PERSONALLY. QUESTIONS. LET'S BRING A PIZZA. PE DO YOU WANT ME TO BRING IT? WE CAN BRING IT IN. YEAH, WE'LL JUST BRING IT IN WHILE, WHILE Y'ALL ARE LISTENING. YEAH. ALL WHILE WE'RE LISTENING. WE NEED A BREAK. YOU KNOW WHAT, LET LET, LET'S TAKE FIVE MINUTE BREAK. FIVE MINUTE BREAK. OKAY. BRING IT IN. COME. YOU CAN WAIT FIVE MINUTES. YOU CAN WAIT FIVE. I'LL GO PEE. THAT'S FINE. I, WELL THAT'S ALRIGHT. IF WE COULD GET BACK IN, I GUESS OFFICIALLY WE'LL BACK, BE BACK IN SESSION AT, WHAT IS THAT? 5 52 IF WE, WE WE DON'T, WE DON'T HAVE A QUORUM. WE DON'T. 1, 2, 3, 4, 5. OH, GAIL. AH, OKAY. THANK YOU. THANK YOU. ONLY PAINTING THOSE, THOSE YOU WANT THE SUMMARY OF THAT CALL? YES. HE, HE SUPPOSED MOSTLY BECAUSE OF THE TRAFFIC INCREASE, THAT'S IT. REPEATED HIMSELF THREE TIMES THE SAME. HELLO, THIS IS BILL AND MARY BETH NOEL. WE LIVE AT 1 0 8 4 6 MERRIT FIELD IN HEUS. OUR PHONE NUMBER IS (210) 771-7064. THE CASE NUMBER IS LAST FOUR IS 0 0 2 1. REZONE CASE. WE ARE FILING OUR OBJECTION TO THIS REZONING OF THIS, UH, WOODS AREA. AND I THINK THE TRAFFIC PATTERN IS GONNA BE HORRENDOUS OUT THERE, UH, ESPECIALLY FOR OUR COMMUNITY. AND, UH, I THINK A STUDY NEEDS TO BE DONE ON THAT ALSO. UM, THE LIGHT AND THE, UM, [04:35:01] WHETHER IT'S A, WHETHER IT'S HOMES THAT THEY'RE GONNA BE CONSTRUCTED OR WHETHER IT'S A, UH, COMMERCIAL AREA THAT'LL BE CONSTRUCTED, IT WILL BE, UH, HORRENDOUS FOR OUR HOME VALUE AND EVERYTHING IN OUR DEVELOPMENT. SO I THINK THEY NEED TO DO ANOTHER STUDY. THEY NEED TO TRY TO FIGURE OUT HOW THE PEOPLE ARE GONNA GET IN AND OUT AND HOW IT'S GONNA AFFECT US. GOOD. GOOD. THANK YOU. HELLO, I'M CALLING REGARDS THE SONY HEARING IN CASE OF Z 2 0 2 2 DASH 1 0 7 0 0 0 2 1. MY ADDRESS IS 1 0 6 11 ASTOR CANYON IN HELOS, TEXAS. AND I'M, UM, LOOKING FOR THE SONY CHANGE REQUEST FOR THE ADDRESS OF 1 0 2 2 5 BROWN ROAD. I'M OPPOSING FOR THE CHANGE REQUEST AS I THINK, UM, THE OWNER OR THE LANDLORD. THE PROPERTY SHOULD BE A, A BETTER TRAFFIC STUDY AS OPENING ANOTHER ENTRANCE AND MAKING A MORE SUBDIVISION IN THIS AREA, WE'RE CREATING MENS TRAFFIC TO THE AREA. THERE'S A LOT OF KIDS AROUND THAT THEY PLAY, YOU KNOW, OUTSIDE. AND THIS COULD CREATE A, A BIG, UM, DANGER AREA FOR THEM. AND THIS STREET IN ASTRO CANYON OR ELIS FIELD AND BROWN ROAD IS VERY DANGEROUS FOR HAVING MORE TRAFFIC AS AT LEAST ONE TIME A MONTH. UH, ONCE A MONTH. IT'S A CAR, CAR CRASHING THERE AND YOU CAN CHECK IT IN THE DATABASE OF THE POLICE. SO I WOULD LIKE TO OPPOSE IN THIS AND, UH, JUST REQUEST THE LANDLORD TO MAKE A BETTER TRAFFIC STUDY AND SEE IF IT'S MORE VIABLE, UM, FOR THE NEIGHBORS. ERIC DAVILA, 1 0 6 11 AS CANYON IN HELO, TEXAS SEVEN ZERO TWO THREE. PHONE NUMBER (210) 797-6163. THANK YOU. ALRIGHT, THIS IS JAMES WENDELL FROM 1 0 0 1 0 8 1 9 MERRICK FIELD, HELOS, TEXAS SEVEN EIGHT ZERO TWO THREE. MY TELEPHONE NUMBER IS TWO ONE ZERO, I'M SORRY, MY TELEPHONE NUMBER IS (512) 695-9373. AND THIS IS REGARDING CASE NUMBER 0 2 1. AND I AM IN OPPOSITION FOR THREE REASONS. ONE, POTENTIAL TO DEVALUE EXISTING HOUSES IN LAUREL CANYON SUBDIVISION. TWO POSSIBILITY THAT SOMEDAY A SECOND OUTLET ROAD WOULD BE ADDED AT LOWER END, THUS INCREASE IN TRAFFIC ON MERRIFIELD STREET. THREE, VERY LIKELY TO CAUSE CAR ACCIDENTS WHEN EXISTING EXITING AND TURNING LEFT ON BROWN ROAD TOWARDS 1604 DUE TO HILL. EVENTUALLY MIGHT REQUIRE A TRAFFIC LIGHT THAT IS PREFERRED TO BE SYNCHRONIZED WITH EXISTING LIGHTS AT LAUREL CANYON ENTRANCE ON TOP OF HILL. THERE IS ALREADY A LOT OF ACCIDENTS AT THAT INTERSECTION. THANKS. THIS IS IN REGARDING CASE NUMBER Z 2 MILLION 22 0 7 0 0 21. UM, THIS IS MOLLY WENDELL LIVING AT 1 0 8 2 3 MERRIFIELD LOTUS, TEXAS SEVEN EIGHT ZERO TWO THREE. PHONE NUMBER (512) 751-4458. UM, I WANTED TO MAKE SURE YOU RECEIVED MY OPPOSITION TO THIS REZONING. UM, AND I WILL NOT RECONSIDER, UM, MY OPINION UNTIL A TRAFFIC STUDY IS COMPLETED TO BETTER UNDERSTAND THIS IMPACT, UM, AGAINST REZONING OF THIS PROPERTY AND CONSTRUCTING ANYTHING ON IT. I HAVE BEEN A RESIDENT OF THE LAUREL CANAN SUBDIVISION FOR THE PAST 16 YEARS AND HAVE SEEN, UH, NOT ONLY THIS NEIGHBORHOOD AND AS WELL AS BROADRIDGE AND OTHERS BE BUILT, UM, THE COST OF LOWER HOUSING AND CONSTRUCTIONS AND OR BUSINESSES BRINGS DOWN THE VALUE OF EXISTING HOMEOWNERS. HOME VALUES HAVE ONLY KEPT UP WITH COST OF INFLATION. UM, ONE OF THE MAIN ATTRACTIONS TO MY CURRENT NEIGHBORHOOD IS THE BEAUTIFUL ENTRANCE AND THE GREENWAY BEHIND THE HOUSES. THE REZONING WILL IMPACT THIS BEAUTIFUL AND PEACEFUL ENVIRONMENT. UM, THIS, THIS WILL ALSO CREATE MANY PROBLEMS THAT EXISTING RESIDENTS WHILE TO DEAL WITH AND NOT THE OWNER OR BUILDER OF THE PROPERTY. UM, TRAFFIC AND ACCIDENTS WILL INCREASE, AND I DON'T SEE ANY PLANS TO ADEQUATELY ADDRESS THIS CONCERN. UM, NOT ONLY WILL THIS GENERATE MORE NOISE, ADDITIONAL TRAFFIC WILL REDUCE RESPONSE TIMES TO FIRST RESPONDERS. ADDITIONALLY, UM, THE REZONING S IMPACTS OF INCREASING TRAFFIC INTO THE SUBDIVISION, SPECIFICALLY MY STREET. UM, OTHER NEGATIVE IMPACTS, UH, TO THE, OUR EXISTING COMMUNITIES, UM, HAVE NOT BEEN CONSIDERED SUCH AS INCREASING CRIME RATES IMPACT TO SCHOOL DISTRICTS, FLOOD ZONES AND DAMAGES [04:40:01] TO EXISTING RESIDENTS, UM, INCREASING TAX RATES. UM, PLEASE VOTE AGAINST REZONING OF THIS PROPERTY. THANK YOU, UM, FOR TAKING ATTENTION TO THIS MATTER. HAVE A GOOD DAY. BYE. THIS IS SARAH YOUNG AND I LIVE IN THE ENCLAVES AT LAUREL CANYON AT 1 0 5 2 6 COSMOS CANYON. MY NUMBER'S 2 1 0 4 2 6 8 2 1 6. UM, AND I'M CALLING TO OPPOSE THE REZONING CASE. I VERY MUCH OPPOSE REZONING THIS FOR BUSINESSES OR MULTI-USE, UM, AS IT'S GOING TO DRASTICALLY INCREASE TRAFFIC, UM, AND HAVE A DIRECT EFFECT ON OUR PROPERTY VALUES. UM, WE LIVE IN THIS NEIGHBORHOOD AND CHOSE THIS NEIGHBORHOOD FOR A NUMBER OF REASONS AND REZONING WOULD, UM, HAVE A DIRECT EFFECT ON OUR PROPERTY. UM, THE REZONE CASE NUMBER IS D TWO ZERO TWO TWO ONE ZERO SEVEN ZERO ZERO ZERO TWO ONE. FEEL FREE TO CALL ME IF YOU HAVE ANY FOLLOW UP. UM, AGAIN, THIS IS SARAH YOUNG, 1 0 5 2 6 COSMOS CANYON, AND MY NUMBER IS UM, 2 1 0 4 2 6 8 2 1 6. UH, YES, THIS IS VERONICA GARCIA KOI. I WAS CALLING IN REGARDS TO REZONE CASE NUMBER B 2022 DASH 1 0 7 0 2 1. I'M AT 1 0 3 1 9 L PINE CANYON AND HE LOTUS PHONE NUMBER (210) 683-5025. I WAS CALLING, UH, TO OPPOSE THE REZONING, UM, AND NOT, AND WILL NOT RECONSIDER UNTIL A TRAFFIC STUDY IS CONDUCTED. ALSO, I'M PETITIONING AGAINST THE ENTRANCE TO BE THE SAME AS THE ENCLAVE OF LAUREL CANYON SUBDIVISION. PLEASE CALL IF YOU HAVE ANY QUESTIONS. THANK YOU. HELLO, MY NAME'S YVONNE HAWKINS. I LIVE AT ONE ZERO EIGHT TWO SIX MERRIFIELD. HELLO, IS TEXAS PHONE NUMBER TWO TEN TWO FIVE ONE SEVEN ONE SEVEN SEVEN. I'M CALLING TO VOICE MY OPPOSITION REGARDING CASE NUMBER Z 2 0 2 2 DASH 1 0 7 0 0 0 2 1. FIRST REASON, IT IS A VIOLATION OF THE CONSENTS AGREEMENT. THE MASTER PLAN CALLS FOR OPEN SPACE WITH WALKING TRAILS. THIS IS ONE REASON I PURCHASED MY HOME IN AMER FIELD WITH THE UNDERSTANDING THAT ANY SUCCEEDING FUTURE OWNERS OR DEVELOPERS ARE REQUIRED TO COMPLY WITH THE MASTER PLAN. SECOND, I DISAGREE WITH EMILY WEISER'S STATEMENT THAT THERE IS A SIGNIFICANT LACK OF DEVELOPMENT IN OUR AREA. WE LITERALLY ARE JUST A FEW MINUTES AWAY FROM ANY COMMERCIAL BUSINESS WE COULD POSSIBLY WANT OR NEED. SHE ALSO CLAIMS THAT THEIR DEVELOPMENT WOULD ALLEVIATE SOME OF THE TRAFFIC ON BOND AS WE WOULDN'T HAVE TO LEAVE OUR AREA TO GO TO THESE COMMERCIAL BUSINESSES. HOWEVER, THIS FOUR STORY MONSTROSITY WILL DEFINITELY OVERLOAD THE, THE ALREADY TREMENDOUS AMOUNT OF TRAFFIC ON GONE ROAD. I ASK THAT YOU PLEASE CONSIDER POSTPONING THIS AGENDA AT LEAST UNTIL THE TRAFFIC STUDY IS CONDUCTED BY THE LANDOWNER. ALSO, SHE CLAIMS THAT MOST RESIDENTS ON MERRIFIELD DON'T HAVE FENCES BUT HAVE IRON GATE, WHICH IS INACCURATE. WE HAVE WOODEN FENCES FOR H O A REQUIREMENTS. PERSONALLY, I WOULD NOT HAVE AN IRON GATE AT THIS TIME BECAUSE THE AREA BEHIND ME HAS TRASHED AND HOMELESS PEOPLE COMING AND GOING AS THE DEVELOPER HAS NOT KEPT THIS AGREEMENT TO DEVELOP THIS OPEN SPACE WITH TRAILS. THESE ARE JUST TWO OF MY MAIN CONCERNS FOR OBJECTING THIS ZONING CHANGE. I ASK THAT YOU PLEASE CONSIDER THEM BEFORE MAKING A DECISION TODAY. THANK YOU. HELLO, MY NAME'S YVONNE HAWKIN. WE MADE IT TO THE END. ALL RIGHT, THANK YOU. UM, EMILY, DID YOU WANNA CHANCE FOR A REBUTTAL? JUST REAL QUICK, SINCE YOU GUYS HAVE HAD SOMETHING TO EAT? UM, UH, JUST, JUST VERY, VERY BRIEFLY, UH, THE MAIN CONCERN THAT WE HEARD, UH, IS TRAFFIC. WE HAVE BEEN IN TOUCH WITH RESIDENTS ALONG MERRIT FIELD IN LAUREL CANYONS, IN BROWN RIDGE, IN WILDHORSE. UM, WE'VE HAD A LOT OF COMMUNICATIONS, UM, THROUGHOUT THE LIFE OF THIS PROJECT. UM, UH, WE DEFINITELY UNDERSTAND THE CONCERN FOR TRAFFIC. WANNA MAKE IT VERY, VERY CLEAR THIS HAS ZERO VEHICULAR ACCESS TO LAUREL CANYONS OR VE AT ALL. THERE IS NO CONNECTION POINT. UM, SO WE ARE NOT INCREASING TRAFFIC OR ACCESSING THEIR NEIGHBORHOOD AT ANY POINT IN TIME. UM, AND, AND I WOULD ARGUE THAT ALMOST FOUR ACRES OF PRESERVED OPEN SPACE, UM, IMMEDIATELY ADJACENT TO THEIR, THOSE RESIDENTS BACKYARD, UM, IS, IS ALSO A SIGNIFICANT TRAFFIC REDUCTION. UM, AND A SIGNIFICANT REDUCTION IN IMPACT OVERALL, UM, TO THESE RESIDENTS. WE HAVE TRIED EVERYTHING. WE'VE SPENT OVER A YEAR. UM, OUR CLIENTS SPENT OVER A YEAR WORKING ON, ON A PLAN TO, TO [04:45:01] DEVELOP THIS SITE, UM, AND DO EVERYTHING THAT THE RESIDENTS ASKED US TO DO WHEN WE TRIED THIS THE FIRST TIME. UM, AND, AND IT IS UNFORTUNATE THAT, UM, THE TRAFFIC IMPACT PROCESS DOES NOT COME UNTIL AFTER THE ZONING. UM, BUT, UH, WE'LL BE COMPLYING WITH EVERYTHING AS WE GO THROUGH THE PROCESS IF SUCCESSFUL. THANK YOU. ALRIGHT, THANKS. UM, THIS IS IN MY DISTRICT. SORRY I'M KEEPING Y'ALL LATE. UM, ANY QUESTIONS? COMMISSIONERS LE UH, COMMISSIONER BARTOS. EMILY, COULD YOU EXPLAIN ON THE MAP? I, I GUESS I MISSED THE SLIDE. THE INGRESS AND EGRESS TO THE PROPOSED DEVELOPMENT? YES. SO, AND, UH, OH GOD, I LOST THE BUTTON. UM, OKAY, SO RIGHT HERE IN THIS FAR SOUTHEASTERN CORNER IS THE INGRESS EGRESS, UM, OFF OF BRAUN. UM, DOES, CAN YOU GO BACK TO LIKE A, OKAY. OKAY. SO THIS BOTTOM CORNER, UH, WHERE MY LASER POINTER IS, IS THAT INGRESS EGRESS TO, TO OUR DEVELOPMENT HERE. AND THEN EXISTING DRIVE THAT'S ALREADY THERE. OH, RIGHT HERE. THERE'S AN EXISTING DRIVE RIGHT THERE. THANK YOU FOR THAT CONFUSION. UM, BUT THIS IS ALYSSA FIELD, WHICH IS THAT RESIDENT, UM, ACCESS POINT INTO LAUREL CANYON. SO I MEAN, EVEN IF IT WAS HERE OR HERE, UM, IT'S, IT'S SIGNIFICANTLY FURTHER AWAY. ALL RIGHT. ANY OTHER QUESTIONS? COMMISSIONERS ON MY LEFT, MR. RIGHT. COMMISSIONER MCDANIEL? MY HOUSE, IS THAT A NO NO. OH NO. THANK YOU. OKAY. THANK YOU. ALRIGHT. UM, I, I DON'T HAVE ANY QUESTIONS, UM, BUT UM, SO I'LL BE MAKING A MOTION FOR APPROVAL. AND THE REASON IS, IS THAT I THINK THAT THIS IS FOR THOSE COMMISSIONERS WHO REMEMBER A COUPLE YEARS AGO WHEN THIS CAME BEFORE US, VERY DIFFICULT SITE, VERY HARD TO, UH, TO DEVELOP ON, BUT YET IT IS ZONED FOR DEVELOP. I MEAN, YOU KNOW, IT IS A DEVELOPMENT IS ALLOWED, DEVELOPMENT IS ALLOWED, SO SOMETHING COULD GO HERE. AND SO TO KIND OF MOVE THINGS AROUND, HAVE A MIXED USE DOWN AT BRAUN ROAD AND LEAVE THE OTHER LAND AT THE OTHER PORTION AS, UM, OPEN SPACE. AND THEN TO DO, YOU KNOW, SOME, SOME OF THE, UH, THINGS THAT WE'VE BEEN LOOKING AT IN THE CITY AS FAR AS LOW IMPACT DEVELOPMENT AS, YOU KNOW, LIKE ANY PERMEABLE PAVING, THINGS LIKE THAT. I THINK, I THINK THIS IS A REALLY EXCITING PROJECT. UM, AND I KNOW THAT, UM, YES, THERE MAY BE AN, UH, UH, AN INCREASE IN TRAFFIC. UM, HOWEVER, WHEN I LIVED OFF OF BRAUN ROAD WHEN I WAS IN SEVENTH GRADE, I KNOW I HAVE TO TALK ABOUT THIS, UM, , THERE WAS, THIS WAS, THIS WAS LITERAL AL ALMOST, ALMOST LITERALLY PARTS OF IT WERE NOT PAVED. UM, AND YOU, SO DEVELOPMENT HAS HAPPENED. UM, AND I THINK THIS IS A VERY RESPECTFUL AND GOOD FIT AND, UM, REALLY UTILIZES THE, THE, THE PROPERTY AND IN, IN AN ALMOST, UM, YOU KNOW, IDEAL WAY. YOU KNOW, YOU, WE'VE GOT A LAR LOT OF OPEN SPACE AND WE'VE GOT, UM, UH, UH, SOME, SOME, UM, BUILDING TYPES THAT, THAT WE DON'T SEE RIGHT OUT IN THIS AREA. SO, UM, MY MOTION IS FOR APPROVAL. IS THERE A SECOND? SECOND. SECOND. ALRIGHT, COMM, COMMISSIONER BOTTO SECOND. SORRY. COMMISSIONER FUENTES. UM, ANY DISCUSSION? MY LEFT. NO. RIGHT. NO. COMMISSIONER MCDANIEL? YES. OKAY. UM, I JUST WANNA ECHO YOUR COMMENTS. UM, I WAS WITH YOU WHEN WE HAD THIS LAST CASE AND IT WAS VERY DIFFICULT, UH, WITH THAT PARTICULAR PROJECT. THERE WERE SUPPOSED TO BE RESIDENTIAL UNITS BACKING UP TO THAT NEIGHBORHOOD AND AT THAT TIME THEY WERE VERY OPPOSED TO ANY DEVELOPMENT THERE. SO I AM PLEASED, EVEN THOUGH IT'S BEEN PAINFUL, THAT THIS NEW PROJECT HAS MOVED DOWN TOWARDS BRAUN ROAD AND THOSE NEIGHBORS NOW HAVE ABOUT FOUR ACRES OF LAND THAT WILL REMAIN VACANT. UM, SO WITH THAT, I, I JUST WANTED TO GET THAT ON RECORD THAT I UNDERSTAND THEY DON'T WANT ANY DEVELOPMENT OUT THERE, BUT SOMETHING WILL COME AND THIS LOOKS LIKE TO BE THE ONE THAT'S LESS INTRUSIVE COMPARED TO THE ONE THAT CAME BEFORE. [04:50:01] THANK YOU. ALRIGHT. THANK YOU. UM, ROLL CALL, VOTE PLEASE. COMMISSIONER BAROZ? YES. COMMISSIONER WATSON. YES. COMMISSIONER FUENTES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. VICE CHAIR SIPES? YES. MOTION PASSES FOR APPROVAL. I THINK I'M GONNA CALL THIS STORY TIME WITH SIPES. . SORRY, I ALMOST SAID SOMETHING ABOUT, BUT IT'S AWESOME. BUT YOU KNOW, I WAS LIKE, NO, DON'T SAY ANYTHING. YOU HAVE STORIES TO TELL. WE LIKE TO HEAR 'EM. NOW THAT WE DON'T HAVE COMMISSIONER ROMERO HERE, WE HAVE TO HAVE SOMEBODY WHO'S LIVED EVERYWHERE WHERE WE HAVE A PROJECT. YES, I KNOW, I KNOW. SORRY, SORRY. BACK WHEN VALLEY HIGH DRIVE IN WAS AROUND. ANYWAY, YOU KNOW. SO, UM, I THINK WE HAVE MINUTES, RIGHT? YEP. ALRIGHT. UM, IS, IS THERE A MOTION TO APPROVE THE MINUTES? MOTION TO APPROVE, SAY AYE. SECOND. THAT OKAY. SECOND IS, UH, BARROS. UM, ALRIGHT, ALL IN FAVOR? AYE. AYE. AYE. AYE. AYE. ALL ANY OPPOSED? HEARING NONE. ALRIGHT. OH, SORRY ELSE. WE DO HAVE A DIRECTOR'S REPORT. IT WAS JUST TO GIVE AN UPDATE ON HOW WE'RE DOING WITH THE UM, U D C AMENDMENTS, UH, WHICH WE ALSO GAVE IN THE WORK SESSION. WE'RE JUST CONTINUING TO, UH, TAC CONTINUES TO MEET WEEKLY TO REVIEW THOSE. UM, AND SO AS THERE'S ANY UPDATES THAT RELATE TO YOU GUYS, I'LL JUST BRING THOSE FORWARD. BUT WE DID HAVE EXTERNAL AMENDMENTS THAT WERE CONSIDERED BY PLANNING COMMISSION AND THE MAJORITY OF THOSE WERE MOVED FORWARD TO THE T FOR ADDITIONAL DISCUSSION. UM, AND THEN THERE WERE A COUPLE THAT WERE, UM, CONTINUED TO THE NEXT MEETING FOR ADDITIONAL DISCUSSION RELATED TO GAS STATIONS. SO I'M SURE WE'LL BE SEEING SOMETHING LIKE THAT IN THE FUTURE AT ZONING COMMISSION. SO, BUT CHRISTIE ALSO HAS A COUPLE THINGS. YES. I JUST WANTED TO REALLY INTRODUCE YOU TO A COUPLE OF NEW PLANNERS. WE HAVE MS. ELIZABETH STEWART WHO JOINED US JUST YESTERDAY AND SO YOU'LL BE SEEING HER NAME ON THERE. AND ANN ANNIE WAS SITTING UP FRONT EARLIER, SHE HAD TO LEAVE. UH, BUT ALSO ON ALINA'S TEAM, ALINA PHILLIPS, UH, FOR LARGE AREA REZONING, THAT'S CORIN BACK THERE. CORIN HOOPER. SO WE JUST WANNA LET YOU KNOW SOME NEW FACES THAT WE'VE GOT, SO. ALRIGHT. THANK YOU. WELCOME. UH, WE USUALLY DON'T RUN THIS LONG , UM, BUT UM, DISTRICT SEVEN. SEE? I KNOW, I KNOW. PRETTY, IT PRETTY MUCH WAS UNFORTUNATELY. ALRIGHT. UM, JUST ONE, ONE NOTE. UH, COMMISSIONER FUENTES ON, ON THE MINUTES ABSTAINED BECAUSE HE WAS NOT HERE, RIGHT? YES, THAT'S RIGHT. OKAY. ALRIGHT. UM, WE'LL CALL THE MEETING ADJOURNED AT SIX 15. I GET TO HIT THE HAMMER. THANK YOU'ALL. WOOHOO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.