* 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. [ Roll Call  ] [00:00:03] ALRIGHT, GOOD AFTERNOON EVERYONE. WELCOME TO OUR CITY COUNCIL ZONING AGENDA. TIME IS 2:04 PM DID WE GET ALL THAT? WE'RE GOOD. OKAY. TIME IS 2:04 PM ON THIS 20TH DAY OCTOBER, 2022. UM, WE'LL CALL OUR CITY COUNCIL ZONING MEETING TO ORDER. MADAM CLERK, COULD YOU READ THE ROLE? COUNCIL MEMBER BRAVO HERE. COUNCIL MEMBER MCKEE RODRIGUEZ. COUNCIL MEMBER VERAN HERE. COUNCIL MEMBER ROCHA GARCIA. COUNCIL MEMBER CASTILLO HERE. COUNCIL MEMBER CAVE HDA. HERE. COUNCIL MEMBER SANDOVAL. HERE. COUNCIL MEMBER ELAS HERE. COUNCIL MEMBER COURAGE PRESENT. COUNCIL MEMBER PERRY. MAYOR NURENBERG. HERE, SIR. WE HAVE A QUORUM. ALL RIGHT, WELCOME AGAIN EVERYONE. WE HAVE A FULL ZONING AGENDA TODAY. UH, WE'RE, FOR THOSE OF YOU WHO ARE HAVEN'T BEEN HERE IN A WHILE, WHAT WE'RE GONNA DO IS, UH, TAKE UP ITEMS THAT WILL BE CONTINUED EN MASS, UH, THAT WE CAN PUSH OUT. SO WE'LL DO THAT. THEN WE'LL TAKE UP THE ZONE, THE CONSENT ZONING AGENDA, THOSE THAT WILL BE HEARD WITHOUT, UH, WITHOUT ANY SUBSTANTIVE DEBATE. AND THEN, UM, THEN WE'LL GO ON TO OUR INDIVIDUAL ITEMS. [Public Hearing and Consideration of the following Adoption and Amendments of the Neighborhood, Community and Perimeter Plans as Components of the Master Plan and Zoning Cases. Plan amendments and Zoning cases presented by Roderick Sanchez, Assistant City Manager; Michael Shannon, Director, Development Services unless otherwise noted.  ] SO LET ME FIRST READ THE ITEMS THAT WILL BE CONTINUED TO NOVEMBER 3RD. THOSE ARE ITEMS 4, 10, 15 AND 16, 18, 31, 32, AND 34. THE PHOTOS ITEMS WILL BE CONTINUED TO NOVEMBER 3RD. I HAVE THE FOLLOWING ITEMS THAT WILL BE, UH, INDIVIDUALLY HEARD ITEMS 12, 26, 27, 28, AND 36. SO IF THERE ARE ANY OTHER ITEMS THAT I DID NOT READ JUST NOW, UM, THAT WOULD LIKE, THAT, WE'D LIKE TO PULL FOR INDIVIDUAL CONSIDERATION, LET ME KNOW NOW, AND THIS IS TO MY COLLEAGUES. ARE THERE ANY OTHER ITEMS TO PULL FROM THE CONSENT ZONING AGENDA TO BE HEARD INDIVIDUALLY? OKAY, IF THERE ARE NONE, LET ME ENTERTAIN A MOTION FOR THOSE ITEMS THAT WILL CONTINUE TO NOVEMBER 3RD. THOSE ARE 4, 10, 15, 16, 18, 31, 32, AND 34. MAYOR, I MAKE A MOTION THAT THOSE ITEMS BE CONTINUED TO NOVEMBER 3RD. SECOND. OKAY, THERE'S A MOTION AND A SECOND FOR CONTINUANCE OF THOSE ITEMS TO NOVEMBER 3RD. AND IF YOU GIMME JUST A SECOND, LET ME, UM, CALL UP FOLKS WHO MIGHT WANT TO SPEAK ON ITEMS TO BE CONTINUED. LET ME JUST, UH, MAKE EVERYBODY AWARE. THERE'S SEVERAL FOLKS SIGNED UP TO ON TO SPEAK ON ITEM 34. THAT ITEM IS NOT GONNA BE HEARD TODAY. IT'S GONNA BE MO IT'S GONNA BE MOVED TO NOVEMBER 3RD. SO THERE WILL BE NO DECISION ON ITEM 34 TODAY IF YOU'VE BEEN, IF YOU CAME TO, TO SPEAK ON THAT. UH, IF YOU'D LIKE TO CONTINUE TO SPEAK ON THAT ITEM THOUGH, I'LL GIVE YOU TIME TO DO THAT IF YOU WOULD. IF NOT, UH, WE CAN HEAR COMMENTS ON, ON THE THIRD. SO THAT'S EVERYBODY, UM, WHO SIGNED UP TO SPEAK ON ITEMS THAT ARE GONNA BE CONTINUED. DI NOVEMBER 3RD ARE HERE FOR ITEM 34. SO LEMME CALL THOSE FOLKS NOW. UH, WE'LL START WITH JANICE DIAZ AND IF, IF YOU DON'T WANT TO SPEAK TODAY, YOU'LL WANT SPEAK WHEN THE ACTION IS TAKEN, JUST SIGNAL ME AND I'LL MOVE TO THE NEXT PERSON. SO START WITH JANICE DIAZ. O OKAY. JERRY HUANG, SHERRY SEIDENBERG. MARK SEIDENBERG. MYRA, ESPARZA. POGUE. WADE, ROSCOE. JEANNIE LOU, YVETTE BYNUM. JAMES BEST. WOW. CONGRATULATIONS FOLKS. YOU GOT THE WORD OUT BEFORE THE ZONING MEETING HAPPENED SO THEY DIDN'T COME TO BE HEARD ON AN ITEM THAT WASN'T GONNA BE HEARD TODAY. GREAT. ALRIGHT, SO WE'LL CONTINUE ON NOW. LET ME, UH, TURN TO MY COLLEAGUES TO SIGNAL ME IF YOU'D LIKE TO SPEAK ON ITEMS THAT ARE GONNA BE CONTINUED. IF NOT, HEARING NONE, THERE IS A MOTION, A SECOND TO CONTINUE THE ITEMS I READ. 4, 10, 15, 16, 18, 31, 32, AND 34 TO NOVEMBER 3RD. THERE'S A MOTION. A SECOND, PLEASE VOTE. [00:05:05] MOTION CARRIES. OKAY, NOW LET'S MOVE TO THE CONSENT ZONING. I AGENDA. AND IF YOU BEAR WITH ME, I'M GONNA READ ALL THE ITEMS THAT ARE GONNA REMAIN ON CONSENT. 1, 2, 3, 5, 6, 7, 8, 9, 11, 13, 14, 17, 19, 20, 21, 22, 23, 24, 25, 29, 30, 33, 35, AND 36. THOSE ITEMS ARE, ARE, UH, GONNA BE TAKEN, UH, EN MASS ON THE CONSENT AGENDA. SO I'LL ENTERTAIN A MOTION FOR THOSE ITEMS. I'D MAKE A MOTION TO APPROVE. OKAY, THERE'S A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT ZONING AGENDA. UH, IN JUST ONE SECOND, LET ME MAKE SURE THAT FOLKS WHO ARE HERE TO SIGN TO SPEAK ON CONSENT ZONING AGENDA, GET AN OPPORTUNITY TO DO THAT. 36 IS SUPPOSED TO BE INDIVIDUAL, RIGHT? I'M SORRY, 36, WHICH I JUST MENTIONED IS, IS INDIVIDUALLY HEARD. SO IT'S NOT GONNA BE ON THE CONSENT AGENDA. MOTION, UH, THE, THE MOTION WAS MADE BY GRO, SECONDED BY SANDOVAL CASTILLO. OH, I'M SORRY, SECOND CASTILLO. ALL RIGHT, TAKE, GOT IT. SO CHRIS MARTINEZ. CHRIS, WOULD YOU LIKE TO SPEAK ON ITEM 19? OKAY, ONE SECOND ON ITEM NUMBER 20. CHRIS, YOU WAVE ALSO. OKAY, ITEM 33, WE HAVE SAUL VALENZUELA, WOULD YOU LIKE TO SPEAK ON THE ITEM? IT'S GONNA BE HEARD. UH, I MEAN IT'S ON CONSENT SO THERE'S NO DEBATE, BUT WOULD YOU LIKE TO SPEAK ON ITEM 33? OKAY. ALRIGHT, THAT'S EVERYBODY. SO LET ME SEE A SIGNAL IF YOU'D LIKE TO SPEAK ON CONSENT ZONING, UH, ON THE CITY COUNCIL. ALRIGHT, HEARING NO DISCUSSION, THERE'S A MOTION AND SECOND FOR APPROVAL OF THE CONSENT ZONING AGENDA, PLEASE VOTE. MOTION CARRIES. WE WILL MOVE NOW TO THE INDIVIDUAL ITEMS. WE'LL START WITH ITEM 12. ITEM 12 ZONING FROM I D Z TO I D Z TWO WITH USES PERMITTED IN C TWO AND AUTO LIKE TRUCK REPAIR LOCATED AT 41 19 SOUTH STREET. STAFF RECOMMENDS DENIAL ZONING COMMISSION RECOMMENDS APPROVAL THE APPLICANT HAS AMENDED THEIR REQUEST TO ADD NA WITH AN AMENDED SITE. PLAN. 38 NOTICES MELD 11 IN FAVOR. ZERO OPPOSED. RIVERSIDE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. AND FOUR IN FAVOR OUTSIDE THE 200 FOOT BOUNDARY. OKAY, THIS IS AN ITEM IN DISTRICT THREE. COUNCIL MEMBER GRO. THANK YOU. I WANNA THANK THE APPLICANT FOR WORKING WITH MY OFFICE AND FOR CONDUCTING YOUR OUTREACH WITH THE SURROUNDING NEIGHBORS AND THE RIVERSIDE NEIGHBORHOOD ASSOCIATION. THIS LOCATION HAS BEEN HISTORICALLY KNOWN FOR HAVING THIS TYPE OF BUSINESS USE ON THE SOUTH PRESA CORRIDOR AND THIS EXISTING BUSINESS IS RE REQUESTING THIS ZONING CHANGE TODAY TO COME INTO COMPLIANCE WITH THE CURRENT CODE. THE APPLICANT HAS ALSO AGREED TO AMEND THEIR REQUEST TO INCLUDE A NO ALCOHOL AND A RESTRICTION WITH THE PROPOSED C TWO USES REFLECTED ON THEIR SITE PLAN BECAUSE OF THIS. SO AT THIS TIME I WILL GO AHEAD AND MAKE THE FOLLOWING MOTION, MOTION FOR APPROVAL AS AMENDED. SECOND. OKAY, THERE'S A MOTION AND SECOND FOR APPROVAL OF ITEM NUMBER 12 AS AMENDED. I FAILED, I APOLOGIZE TO CALL UP THE ONE PERSON, UH, WHO SIGNED UP TO SPEAK ON ITEM 12 ADO CASRE. MR. CASS, IF YOU'D LIKE TO SPEAK ON ITEM 12 BEFORE WE TAKE ACTION ON IT, GO AHEAD. UM, I WAS JUST THE APPLICANT, I WAS JUST HERE IN CASE. UM, ANY QUESTIONS OR ANYTHING? OH, OKAY. I WAS JUST FOLLOWING THROUGH SO I, OKAY. I DON'T NEED TO SPEAK. GREAT, THANK YOU VERY MUCH. ALRIGHT, THANK YOU. ALRIGHT, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM 12 AS AMENDED. ANY FURTHER DISCUSSION? HEARING NONE PLEASE VOTE. MOTION CARRIES. MOVE NOW TO ITEMS 26 AND 27. AGENDA ITEM NUMBER 26 AND 27 AMENDED THE EBNER LEON CREEK'S COMMUNITY PLANT FROM MEDIUM DENSITY RESIDENTIAL AND COMMUNITY COMMERCIAL TO COMMUNITY COMMERCIAL [00:10:01] FROM R SIX TO C TWO CD WITH A CONDITIONAL USE FOR AUTO, BOAT AND RECREATIONAL VEHICLE STORAGE OUTSIDE IN SCREENED AREAS REQUIRED LOCATED AT 75 40 BENDERA ROAD. STAFF AND PLANNING COMMISSION RECOMMENDS APPROVAL ZONING COMMISSION RECOMMENDS APPROVAL WITH CONDITIONS, DOWNWARD FACING LIGHTING DIRECTED AWAY FROM RESIDENTIAL ZONING AND OR USES HOURS OF OPERATION SEVEN DAYS A WEEK, 7:00 AM TO 7:00 PM WITHIN 55 FEET OF THE EXISTING RESIDENTIAL TO THE NORTH. THE APPLICANT HAS SUBMITTED AN AMENDED SITE PLAN FOR THE RECORD AND 29 NOTICES MAILED ONE IN FAVOR. ZERO OPPOSED. THAT'S IT. ALL RIGHT, THIS IS AN ITEM IN DISTRICT SEVEN. COUNCIL MEMBER SANDOVAL. THANK YOU. UM, I DO HAVE ONE QUESTION. UM, SO IF A BOAT ARRIVES AT 7:00 PM IT WILL, I DON'T THINK THE APPLICANT IS HERE, RIGHT? THE APPLICANT SHOULD BE HERE. OKAY. HELLO? HI. I JUST WANNA CONFIRM WHAT I, UH, SPOKE TO MY STAFF ABOUT EARLIER. SO SURE. IF A BOAT ARRIVES AFTER 7:00 PM WHAT HAPPENS IF IT, IF IT'S IN THE AREA THAT IS CLOSEST TO THE NEIGHBORHOOD, THEY WOULDN'T BE ABLE TO USE THAT AREA. THEY WOULD HAVE TO TO WAIT UNTIL IT OPENED THE NEXT DAY'S. WHY? THE OWNER HAS SAID HE'S ONLY RENTING THAT AREA TO PEOPLE WHO AREN'T, DON'T HAVE AFTER HOURS. SO IF THEY COME AFTER 7:00 PM I'M SORRY, I'M HAVING A HARD TIME HEARING YOU. COULD YOU SAY THAT MORE THEY THEY CAN USE AFTER 7:00 PM THEY CAN USE IT, THE AREA THAT IS NOT WITHIN THAT 55 FEET, THEY WOULD BE ABLE TO USE THAT. USE IT THERE. BUT IF YOU ARE IN THE AREA THAT'S CLOSEST TO THE NEIGHBORHOOD, YOU WOULD NOT BE ABLE TO USE YOUR, YOUR BOAT PARKING AT THAT TIME. THAT'S WHAT I HAD UNDERSTOOD. BUT THE WHOLE AREA IS PART OF THE ZONING. SO THE WHOLE AREA WOULD BE SUBJECT TO THESE RESTRICTIONS. THE, THE ENTIRE AREA. HOWEVER, THE HOURS OF OPERATION IS LIMITED TO THE AREA THAT IS CLOSEST TO THE NEIGHBORHOOD. UM, IS THAT YOUR UNDERSTANDING? IS THAT HOW THE, HOW THE CONDITIONS ARE STATED, MELISSA? YES. ZONING COMMISSION APPROVED IT WITH THE 55 FOOT OF THE EXISTING RESIDENTIAL TO THE NORTH. THANK YOU. I HEAR THAT I DID. SORRY, I PROBABLY READ THAT TOO FAST. OKAY. ALL RIGHT. UH, MOVE TO APPROVE. THANK YOU. SECOND. THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEMS 26 AND 27. ANY FURTHER DISCUSSION? ALL RIGHT. HEARING NONE PLEASE VOTE. MOTION CARRIES ITEM 28 2 TO C ONE CD WITH THE CONDITIONAL USE FOR A CAR WASH. GENERALLY LOCATED AT THE 100 BLOCK OF ST. CLOUD. STAFF RECOMMENDS APPROVAL ZONING. COMMISSION RECOMMENDS APPROVAL WITH CONDITIONS, HOURS OF OPERATION MONDAY THROUGH SATURDAY, 7:00 AM TO 8:00 PM AND SUNDAY 9:00 AM TO 7:00 PM DOWNWARD FACING LIGHTING AND POINTED AWAY FROM RESIDENTIAL ZONING AND OR USES AFTER 8:00 PM IS REQUIRED. STREET SCAPE TREES ALONG WOODLAWN IN THE SAME CONFIGURATION AS WOODLAWN LAKE PARK AND BUSHES TO BE ADDED TO SCREEN BUSINESSES FROM RESIDENTIAL USES. POLL SIGN ON ST. CLOUD LIMITED TO SIX FEET AND MOUNT MONUMENT SIGNAGE ONLY ON WOODLAWN 20. NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED NO RESPONSE FROM WOODLAWN LAKE, DONALDSON TERRACE AND JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION. RIGHT, UH, THIS IS AN ITEM IN DISTRICT SEVEN COUNCIL MEMBER SANDOVAL MOVE TO APPROVE WITH CONDITIONS AS STATED. THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM 28 WITH CONDITIONS AS STATED. ANY FURTHER DISCUSSION? HEARING NONE PLEASE VOTE. MOTION CARRIES ITEM 36. ITEM NUMBER 36 IS THE AMENDING THE E T J MILITARY PROTECTION AREA LAND USE PLAN FROM COMMUNITY COMMERCIAL TO URBAN MIXED USE GENERALLY LOCATED AT THE SOUTHEAST INTERSECTION OF LOST CREEK GAP AND INTERSTATE 10 WEST FRONTAGE ROAD. STAFF AND PLANNING COMMISSION RECOMMEND APPROVAL. SEVEN. NOTICES MAILED ZERO IN FAVOR, ONE OPPOSED. AND MILITARY DOES NOT OBJECT TO THIS PROJECT. OKAY, UM, ITEM 36 HAS A FEW FOLKS SIGNED UP TO SPEAK ON IT. UH, SO LET ME CALL THOSE FOLKS UP FIRST AND THEN WE'LL TURN IT OVER FOR COUNCIL DISCUSSION. WE'LL START WITH RON GOLD. MR. GOLD, YOU'LL BE FOLLOWED BY VICTOR REDA. UH, I AM RON GOLD. I'M THE PRESIDENT OF THE LOST CREEK HOMEOWNERS ASSOCIATION. WE'VE HAD A BOARD MEETING ON THIS. WE'VE HAD A [00:15:01] LOT OF DISCUSSION ABOUT THIS. 419 HOMES ARE IN LOST CREEK. UM, WE WERE ADVISED OF THIS AFTER WE WERE ALSO ADVISED OF SOME ROAD CHANGES ON OLD FREDERICKSBURG ROAD. UM, THIS APARTMENT COMPLEX, UM, WE HAVE A LOT OF PETITIONERS AND WE HAVE THE PETITIONS FOR YOU THAT ARE OPPOSED TO THIS. AND I CAN SAY AS THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION THAT WE HAVE 419 PEOPLE. WE'VE HAD MEETINGS AND I HAVE NOT HEARD ONE PERSON FOR IT. EVERYONE THAT I'VE TALKED TO AND ALL OF OUR POLLING SHOWS THAT EVERYBODY IN LOST CREEK IS OPPOSED TO IT, UH, BECAUSE OF THE TRAFFIC CHANGES. BECAUSE IT'S FOUR STORIES HIGH BECAUSE IT HAS ONE ENTRANCE ON ONLY ONE ROAD THAT WE HAVE THERE FOR EASEMENT FROM OUR NEIGHBORHOOD INTO I 10. AND WITH ALL THE CONSTRUCTION GOING ON, YOU'RE TALKING ABOUT FIVE COMMUNITIES FROM LOSS CREEK ON, UH, OVER 2000 HOMES. AND NOW WE'RE PUTTING APARTMENTS RIGHT NEXT TO THEM AND PUTTING 200 MORE CARS ON A ONE SINGLE ROAD, THAT'S THE ONLY WAY THEY HAVE TO GET IN AND OUT. UM, SO IT IS, UH, THE LOST CREEK HOMEOWNERS ASSOCIATION RECOMMENDATION THAT IT NOT BE APPROVED. THANK YOU, MR. GOLD. VICTOR RUA. MR. RUA, YOU'LL BE FOLLOWED BY GERALD HICK. HELLO CITY COUNCIL. UM, I'VE BEEN A RESIDENT, UH, OF LAS CREEK FOR 16 YEARS AND I HAVE SEEN AN INFLUX OF PEOPLE COMING IN. SOME GOOD BUSINESSES, SOME BAD. UH, THE COMMUNITY HAS, UH, LOST A LOT OF ITS, UH, NATURAL HABITAT AND, UH, I FEEL THAT THIS APARTMENT WILL BRING IN MORE CRIME, UH, AND OF COURSE CONGESTION AND TRAFFIC. SO THAT'S WHY I'M TOTALLY OPPOSED ON THE REZONING. THANK YOU, MR. RUA. GERALD WONDER CHECK. MR. WONDER CHECK. YOU'LL BE FOLLOWED BY ALEJANDRO CORREA. THANK YOU FOR THE CHANCE TO SPEAK ON THIS. MY NAME IS GERALD EK. MY BACKGROUND IN THE AIR FORCE AND THE AIRLINES I FLEW FOR WAS SAFETY. AND WHEN I SEE THE PERCENTAGE OF INCREASED AUTOMOBILES THAT ARE COMING, AND WE NOW HAVE ONE PRIVATE OWNED EXIT THAT IS UT HEALTH SYSTEM, WE HAVE THREE OTHER EXITS THAT ARE PUBLIC AND THIS PLAN SHUTS DOWN TWO OF THOSE. SO WE'RE NOW GOING TO HAVE THE ENTIRE AUTOMOBILE TRAFFIC THERE GOING TO ONE EXIT AND A ROUNDABOUT DOESN'T SOLVE THE PROBLEM. THE TIMES I SPENT IN ENGLAND, A ROUNDABOUT IS MEANT TO TAKE INTERSTATE HIGHWAYS, ALLOW VEHICLES TO COME ON AT INTERSTATE SPEED AND EXIT AT INTERSTATE SPEED AND COVER APPROXIMATELY 20 ACRES. SO OUR ONE EXIT WILL BE SHUT DOWN SLIGHTLY AND THE FRUSTRATIONS OF THE PEOPLE THAT WILL ULTIMATELY RESULT ARE GONNA INCREASE THE ACCIDENT. EVERY ACCIDENT IS GONNA SHUT DOWN THE ONE EXIT AND THEN THE FIRE COVERAGE WE HAVE WILL COME DOWN ALL THE WAY FROM 33 51 AND THE TRAFFIC. AND IF YOU WOULD LIKE, I HAVE TAKEN SOME PICTURES OF IT. WHEN THE TRAFFIC IS ON EITHER SIDE, I DRIVE MY HONDA PILOT DOWN AND THERE'S ABOUT TWO FEET ON ONE SIDE AND TWO FEET ON THE OTHER SIDE TO CLEAR THOSE STREETS. SO SOMETHING WOULD NEED TO BE DONE WITH THE STREETS OR GET NARROWER FIRE TRUCKS. I THANK YOU. THANK YOU, MR. WONDER. CHECK ALEJANDRO CORREA. MR. CORREA, YOU'LL BE FOLLOWED BY THOMAS AELA. UH, THANK YOU SO MUCH FOR HEARING ME. APPRECIATE IT. UH, YEAH, SO I CAME ALSO ON BEHALF OF LAS CREEK NEIGHBORHOOD TO, UH, SPEAK AGAINST, UM, VEHEMENTLY OPPOSED TO THE NEW APARTMENT COMPLEX BEING, UH, PUT THERE FOR OBVIOUSLY FOR THE REASONS THAT HAVE BEEN MENTIONED, IT'S JUST GOING TO PUT A, UM, A HUGE TOLL ON THE ONE ROAD THAT WE HAVE TO GET IN AND OUTTA THAT PLACE, WHICH IS, UH, OLD FREDERICKSBURG, UH, OLD FREDERICKSBURG ROAD THAT WOULD JUST PUT TOO MUCH, UH, TRAFFIC THERE AS IT IS, UH, TO EVEN GO DOWN I 10. YOU HAVE TO GO ALL THE WAY UP. I 10 MAKE A U-TURN, COME ALL THE WAY DOWN. OTHERWISE THERE'S A MASSIVE TRAFFIC JAM ON RALPH FAIR ROAD AND OLD FREDERICKSBURG. SO IT'S AGAIN, JUST GONNA PUT A HUGE STRAIN ON TRAFFIC IN THE AREA. NOT TO MENTION, UH, AND WHAT WAS ALSO BRIEFLY MENTIONED PREVIOUSLY IS THAT IT, UH, THERE'S, THAT'S A GREEN AREA. IT'S LOTS OF TREES. IT'S KIND OF A WOODY AREA. IT'S UH, ONE OF THE FEW PLACES THAT ACTUALLY KIND OF, YOU KNOW, GREENS UP THE PLACE A LITTLE BIT. UH, 'CAUSE OTHERWISE THERE'S, YOU KNOW, UM, A DEALERSHIP THAT'S GONNA BE BUILT AND THE OTHER [00:20:01] GREEN AREA THAT'S THERE. SO THAT WILL BE THE ONE AND ONLY GREEN AREA IN THAT AREA. AND, UM, AND ALSO, UM, I'D LIKE TO POINT OUT THAT SAN ANTONIO'S ALREADY KIND OF OVERTAXED ON WATER, SO I DON'T KNOW WHY WE'RE CONTINUING TO BRING PEOPLE IN WHEN WE'RE ALWAYS CONSTANTLY IN STAGE ONE OR STAGE TWO WATER RATIONING. SO I WOULD HOPE THAT THAT WOULD BE TAKEN INTO ACCOUNT AS WELL. UM, BUT THAT'S IT. UH, HOPE YOU GUYS, YOU KNOW, SEE IT OUR WAY. APPRECIATE IT. THANK YOU VERY MUCH. THANK YOU MR. CORREA THOMAS APICELLA. MR. APICELLA, YOU'LL BE FOLLOWED BY ANN JETT. GOOD AFTERNOON. SO AS THE OTHERS HAVE ITERATED, THE PROBLEM HERE IS THE TRAFFIC BECAUSE OF THE OLD FREDERICKSBURG ROAD PROJECT CONSTRUCTION PROJECT THAT'S GOING TO TAKE PLACE NEXT YEAR. IT'S ALREADY A DIFFICULT AREA FOR, UH, GETTING ONTO I 10 AND HAVING THIS APARTMENT COMPLEX. IT'S JUST GONNA MAKE IT WORSE. THANK YOU MR. APICELLA AND JETT. MS. JETT, YOU'LL BE FOLLOWED BY GREG MORRIS. HMM. THANK YOU VERY MUCH FOR THE OPPORTUNITY TO ADDRESS THE COUNCIL THIS AFTERNOON AND THE MAYOR. I'VE LIVED IN LAS CREEK FOR THE LAST 15 YEARS AND I OWN MY HOME THERE. AND, UH, RECENTLY I WENT TO THE PLANNING AND ZONING COMMISSION WHEN THEY DISCUSSED WHETHER TO, UH, CHANGE THE ZONING OF THIS PARTICULAR PARCEL OF LAND. AND WHILE I WAS THERE, I HEARD A LOT OF CONSIDERATION FOR DIFFERENT THINGS FROM ASHLEY, WHO WAS THE ATTORNEY FOR THE DEVELOPER AND ALSO FROM THE DEVELOPING, UH, THE DEVELOPMENT, UH, GROUP OF PEOPLE. AND THEY TALKED A LOT ABOUT DIFFERENT CONSIDERATIONS FOR THE AIR FORCE OR FOR THE ARMY CAMP BULLIS IN CAMP STANLEY AND DIFFERENT ISSUES THAT THE CITY HAD CONSIDERATION ABOUT. BUT I DIDN'T HEAR ANY CONSIDERATION ABOUT ALL OF THE CITIZENS THAT LIVED AROUND THIS PARCEL OF LAND. I DIDN'T HEAR ANYONE TALK ABOUT THE THOUSAND HUMAN BEINGS THAT WERE GONNA BE, UM, DISPLACED AND HAD CONCERNS ABOUT THIS APARTMENT COMPLEX. YOU TALK ABOUT IT AS A REZONING OF A PARCEL OF LAND. WHAT WE'RE CONCERNED ABOUT IS WHAT THAT REZONING MEANS. AND WHAT IT MEANS IS THAT THERE'S GOING TO BE A FOUR STORY BUILDING AND A SEA OF CEMENT TO HOUSE A PARKING FOR THIS FOUR STORY APARTMENT COMPLEX. IT MEANS, AS YOU HEARD, ALL OF THESE GENTLEMEN TALK ABOUT TRAFFIC, BUT THERE ARE OTHER ISSUES THAT ARE CONCERN TO US THAT ARE NOT ABOUT TRAFFIC. IT'S THE DIFFERENCE BETWEEN COMMERCIAL CO, UH, COMMUNITY COMMERCIAL AND URBAN MIXED USE. AND THAT URBAN MIXED USE AFFECTS MANY, MANY THINGS. ONE OF THE MOST IMPORTANT THINGS IS ON PAGE NUMBER SEVEN OF THIS AGENDA ITEM. THERE WAS A SECTION THAT STATED THAT THERE WAS NO FISCAL IMPACT. AND I BEG TO DIFFER, THERE IS A HUGE FISCAL IMPACT TO THE COMMUNITIES AROUND THIS IN SAN ANTONIO AND ALSO IN BURN, BUT ALL IN BEXAR COUNTY. AND THAT FISCAL IMPACT HAS TO DO NOT JUST WITH TRAFFIC, BUT ALSO WITH, UH, SCHOOLS AND FLOODING THREAT. ALL OF THE SCHOOLS THAT THE CHILDREN OF THIS, UH, APARTMENT COMPLEX WOULD GO TO ARE OVERCROWDED. THE CHILDREN AT LEON SPRINGS ELEMENTARY ARE CURRENTLY, UH, BUSED TO ELLISON ELEMENTARY, WHICH IS SEVEN MILES AWAY BECAUSE THERE IS NO ROOM FOR CHILDREN IN THAT ELEMENTARY SCHOOL. ALL OF THE CHILDREN AT ROLLISON, UM, MIDDLE SCHOOL ARE GOING TO TO, UH, PORTABLE BUILDINGS. AND ALSO CLARK HIGH SCHOOL IS PORTABLE BUILDINGS AND ONE OF MY OTHER COLLEAGUES WILL BE SPEAKING TO YOU ABOUT THE FLOOD ZONE THAT THIS BUILDING WILL BE BUILT ON. THE CREEK THAT RUNS THROUGH IT, THAT FLOODS AND THE TREES. AND THE, UH, CANOPY THAT IS, UM, GOING TO BE DIS UM, IS GOING TO BE, UM, I KEEP WATCHING THIS TIMER THAT IS GOING TO BE TAKEN DOWN AND COVERED WITH CEMENT. THANK YOU MS. JACK. SO I HOPE YOU WILL GIVE CONSIDERATION TO THE CITIZENS THAT ARE ALREADY THERE AND NOT JUST TO THE DEVELOPERS AND TO THE THANK YOU MS. JACK ARMED SERVICES. THANK YOU FOR YOUR TIME. OH, I ALSO, GREG MORRIS, THANK YOU VERY MUCH MS. JET. I HAVE A PETITION HERE IF YOU'D LIKE TO DISTRIBUTE SOMETHING TO COUNSEL, WE CAN GET IT TO THE CLERK. THANK YOU. IT CONSTITUTES OVER A THOUSAND PEOPLE. THANK YOU. GREG MORRIS, YOU'LL BE FOLLOWED BY MARY ELLEN SNELL. [00:25:04] GOOD AFTERNOON, UM, CITY COUNCIL AND MAYOR NUREMBERG. UH, MY NAME IS GREG MORRIS. TODAY I NOT ONLY REPRESENT MYSELF, BUT MORE THAN 1300 PEOPLE THAT HAVE SIGNED A PETITION THAT LIVE IN THE SURROUNDING AREA OPPOSED TO THE ZONING CHANGE FROM COMMUNITY COMMERCIAL TO URBAN MIXED USE. ON SEPTEMBER 14TH AT THE ZONING COMMISSION MEETING, WE HEARD A PRESENTATION FROM DEVELOPING FIRM ASHLEY FAIRMOUNT. AS SHE STATED, THERE'D BE 131 APARTMENTS AND THEN RETRACTED, STATING THERE'D BE 123 APARTMENTS ARE BEING PROPOSED AND COULD BE UP TO 40 UNITS PER ACRE. THIS LAND IS 4.1 ACRES ON IH 10 ACCESS ROAD AND LOST CREEK GAP. HOWEVER, THE NUMBER OF FLOORS WAS NEVER MENTIONED. MS. FAIRMOUNT FOLLOWED UP WITH ME AND SAID THAT THERE, THIS WOULD BE FOUR STORIES. PERHAPS DURING THE MEETING, MEMBERS WOULD HAVE QUESTIONED THIS AS THIS BUILDING IS INCONSISTENT WITH OTHER APARTMENTS BEING BUILT IN, CONSIDERED A HIGH RISE. NOT ONLY IS THE NUMBER OF UNITS CONCERNING IT'S THE PARKING SPACES, IF THEY BUILT 130 PLUS UNITS, THAT'S TWO PARKING SPOTS PER APARTMENT AND ONE ADDITIONAL FOR GUESTS FOR EVERY FOUR APARTMENTS. WE'RE LOOKING AT OVER 300 PLUS PARKING SPOTS. THEY ALSO SAID DURING THE PRESENTATION, THEY WILL COMPLY WITH ALL TREE PRESERVATION STANDARDS. HOW CAN WE COMPLY WITH TREE PRESERVATION STANDARDS IS MY QUESTION. UM, I HAVE REVIEWED THE CITY ORDINANCE THAT WAS AMENDED ON MAY 6TH, 2010, CHAPTER 35, NUMBER 0 7 0 3 7 6, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SAN ANTONIO, TEXAS RELATING TO TREE PRESERVATION AND ADEQUATELY CANOPY OF COVERAGE ON PAGE ONE, ON PAGE ONE. WHEREAS THE CITY OF SAN ANTONIO MASTER PLAN ADOPTED ON MAY 29TH, 1997 VISION STATEMENT, INCLUDING PER MOST BALANCED AND RESPONSIBLE URBAN DESIGN, PLANNING THE DEVELOPMENT AND PROTECTION OF THE CITY'S HISTORICAL, CULTURAL, NATURAL RESOURCES. WHEREAS THE CITY OF SAN ANTONIO TO ACHIEVE THE AMERICAN FOREST TREE CANOPY GOAL OF 40% IN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION, E T J ON PAGE THREE, GENERALLY IN PART, A REGULATIONS CONTAINED IN THIS DIVISION OF THE ORDINANCE SHALL APPLY TO ANY PRIVATE PROPERTY LOCATED WITHIN THE CITY LIMITS. AND THE E T J OF THE CITY, WHICH IS WHERE WE'RE AT, REGULATIONS CONTAINED IN THIS DIVISION, SHALL REGULATE THE ACTIVITIES THAT RESULT AND MAY RESULT IN THE REMOVAL OF SIGNIFICANT HERITAGE TREES. AREAS OF CANOPY AS DEFINED HEREIN BY ACTIVITIES INCLUDING THE FOLLOWING, MULTI-FAMILY RESIDENTIAL INCLUDED CONSTRUCTION OF THE NEW PARKING BY MORE THAN 2,500 SQUARE FEET AND ANY GRADING, FILLING, OR CLEARING OF LAND. THIS LAND IS AN E T J AS BEING PROPOSED. THERE IS NO WAY THAT A GOAL OF 40% OF THE TREE SAVING WILL OCCUR WITH A FOUR STORY APARTMENT COMPLEX ALONG WITH 300 PARKING SPOTS. THIS LAND WILL BE A CEMENT PARKING LOT AND GO AGAINST THE VERY ORDINANCE OF THE CITY OF SAN ANTONIO, ADOPTED IN 1997 AND AMENDED IN 2010. HAS THIS CHANGED AGAIN? FINALLY, WE ASK YOU TO VOTE NO ON THIS ZONING CHANGE AND PROTECT THE TREE PRESERVATION OF THE CURRENT ZONING OF THE LAND. THANK YOU, MR. MORRIS. MARY ELLEN SNELL. GOOD AFTERNOON COUNCIL MAYOR. I'M MARY ELLEN SNELL. I LIVE IN VILLAGE GREEN SUBDIVISION NEAR THIS AREA. I, UM, I'M A PRECINCT CHAIR. I WAS ELECTED THIS PAST YEAR. I REPRESENT 4,100 VOTERS IN THIS AREA. THIS REZONE REQUEST IMPACTS AT LEAST 3000 BUSINESS CUSTOMERS, TRAVELERS AND RESIDENTS WHO TRAVEL DAILY ON OLD FREDERICKSBURG ROAD OR CUT THROUGH LOSS CREEK GAP. AND AS YOU SEE, THE RESIDENTS OF SINGLE FAMILY HOMES IN THIS AREA ARE OVERWHELMINGLY OPPOSED TO THE REASON REQUEST. FOR MANY LEGITIMATE REASONS, THESE REASONS HAVE NOT YET BEEN FULLY CONSIDERED WITHIN THIS DECISION MAKING PROCESS. THE PLANNING COMMISSION, WHICH RECOMMENDED THIS PROJECT TO THE COUNCIL, DID NOT ANSWER THOUGHTFUL QUESTIONS POSED BY RESIDENTS. AS FAR AS WE KNOW, THERE WAS NO DATA REQUIRED FOR THEIR DECISION TO MOVE THIS AGENDA ITEM FORWARD. AS FAR AS WE KNOW, THERE WAS NO STUDY, NO HYDROLOGY STUDY, NO TRAFFIC STUDY, NO ENVIRONMENTAL IMPACT STUDY, NO CRIME IMPACT, NO SCHOOL ENROLLMENT IMPACT WAS CONSIDERED. BUSES AND EMERGENCY SERVICES WILL HAVE TO BE REROUTED WITH THIS PROJECT. I HOPE YOU WILL LISTEN TO THE PEOPLE TODAY. WE ARE STAKEHOLDERS. OUR CONCERNS ARE ABSOLUTELY IMPACTFUL, LONG TERM TO THIS AREA. AS LONG AS POLITICIANS CONTINUE TO IGNORE THE WARNINGS OF THE PEOPLE, THEY WILL MAKE SHORTSIGHTED BAD DECISIONS AND WE WILL ALL PAY THOSE CONSEQUENCES FIRST. THE IDEA THAT THE ENVIRONMENT AND WATER SUPPLY CAN HANDLE ANYTHING WE WANT TO DO TO IT IS HOGWASH. THE PLANNING COMMISSION SHOULD BE RESPONSIBLE FOR JUSTIFYING THEIR RECOMMENDATION [00:30:01] TO MOVE THIS AGENDA ITEM FORWARD FOR YOUR CONSIDERATION AND VOTE. IT SHOULD BE THEIR RESPONSIBILITY TO ADVISE YOU ON SPECIFICS RELATING TO POTENTIAL PROBLEMS OF REZONING, WHICH THIS PROBLEM, THIS PROJECT HAS. I RECOMMEND THAT YOU PUSH BACK AND ASK THE PLANNING COMMISSION FOR A BETTER REVIEW OF DATA BEFORE YOU VOTE ON THIS ISSUE. RESIDENTS IN HILL COUNTRY ARE UPSET. THEY ARE UPSET ABOUT THE CONTINUED DESTRUCTION OF HILL COUNTRY, THE DEVASTATION OF THE LIVE OAK TREES, THE RAPE OF THE LAND, THE REZONING TO BUILD HIGH DENSITY, NO SINGLE FAMILY HOMES, THE DEPLETING OF THE WATER SUPPLY AND IGNORING THE NATURAL WATER FLOW OF A CREEK BED AND HOW IT IMPACTS NEIGHBORS. IT'S ALL OVER SOCIAL MEDIA. PLEASE DO NOT IGNORE THESE COMMON SENSE ELEMENTS OF PLANNING. THERE ARE CONSEQUENCES FOR THE REFUSAL TO LISTEN. WE'RE PAYING $200 A MONTH NOW FOR A WATER FINE FEE WITH SAWS. WHAT ARE OUR PROSPECTS FOR OUR WATER SUPPLY? WITH ALL OF THIS INTENSE DEVELOPMENT, I HOPE YOU MADE THE DECISION TO PROTECT THE ENVIRONMENT AND PROTECT EXISTING HOMEOWNERS AND TAXPAYERS BUSINESSES WHO PAY TAXES AND TO SUPPORT OUR AREA. THE OLD FREDERICKSBURG ROAD IS 60% COMPLETE. THAT PROJECT WAS STALLED BEFORE A DECISION ON THIS APARTMENT PROJECT BEFORE AN ELECTION. THANK YOU MS. SNELL. THANK YOU. IF YOU HAVE ANYTHING WRITTEN YOU'D LIKE TO DISTRIBUTE TO THE COUNCIL, YOU CAN GET THAT TO OUR, OUR STAFF. THANK YOU. ALRIGHT, THIS IS AN ITEM THAT IS IN THE EXTRATERRITORIAL JURISDICTION, NEAREST DISTRICT EIGHT. SO COUNCIL MEMBER ELIAS. THANK YOU MAYOR. THIS IS A, UH, UNLESS DO YOU WANNA MAKE YOUR QUICK PRESENTATION? I DID, JUDGE. OKAY. I DID. DO YOU HAVE ANY QUESTIONS FOR ME? NO. OKAY. OKAY. SO, UM, THIS IS A, UH, NOT A REZONING. THIS IS AN E T J PLAN AMENDMENT, UH, NEAR, UH, THE INTERSECTION OF LOST CREEK AND, UH, THE FRONTAGE ROAD OF I 10. UM, A STONES THROW AWAY FROM BERNIE. IT'S, UH, IT'S IN OUR E T J. UM, WHAT THIS PROPOSES TO DO IS THE CREATION OF 123 APARTMENTS. UM, THE OVERWHELMING MAJORITY OF THEM ARE ONE BEDROOM APARTMENTS, UM, WHICH, UH, LEAVES ONLY 23 OF THEM AS TWO BEDROOMS. UM, DRAMATICALLY REDUCING THE NUMBER OF, UH, POSSIBLE FAMILIES WITH STUDENTS, UM, TO SEND TO THAT SCHOOL DISTRICT. WE'RE LOOKING FOR. WE'VE BEEN LOOKING FOR SOME CONCESSIONS FROM THE, FROM THE BUILDER. WE'VE BEEN WORKING HARD ON NEGOTIATING THIS. WHAT WE'VE GOT IS, UH, A COMMERCIAL PROPERTY TO THE RIGHT, A COMMERCIAL PROPERTY TO THE LEFT, I BELIEVE. UM, AND WE HAVE NEGOTIATED WITH THEM A FOUR FOOT BUFFER OF GREEN AREA, UM, TO SEPARATE THE, UM, THE APARTMENT COMPLEX FROM, UM, THE, UM, FROM THE NEIGHBORS AND FROM PEOPLE DRIVING BY. UM, WE DID ASK FOR A TRAFFIC IMPACT STUDY. UM, THAT TRAFFIC IMPACT STUDY REVEALS THAT AT PEAK HOURS, UM, THE SIZE OF THIS DEVELOPMENT WILL GENERATE 69 PEAK HOUR TRIPS. UM, WHICH IS ACTUALLY LESS THAN THE MINIMUM REQUIREMENT OF 76 PEAK HOUR TRIPS FOR A LEVEL ONE TRAFFIC IMPACT STUDY. AND SO, UM, WE WILL ALSO, UM, WE ALSO LOOKED AT WHETHER OR NOT A C TWO, UM, DEVELOPMENT, WHICH THIS IS CURRENTLY PLANNED FOR, UH, WOULD GENERATE MORE OR LESS TRIPS AND A C TWO WOULD LOOK LIKE IT, UH, GENERATES MORE TRIPS THAN THIS. AND SO, UM, ANOTHER CONCERN, UH, WAS ROAD DETERIORATION. UM, HOWEVER, WE KNOW THAT BECAUSE OF THE PROXIMITY OF THE ENTRANCE, UH, TO FOUR 10, I'M SORRY, TO THE FRONTAGE ROAD OF I 10, UM, WE'RE GONNA SEE THE MAJORITY OF PEOPLE ENTERING AND EXITING, UM, OFF OF THAT INTERSECTION OF LOST CREEK AND I 10 AS OPPOSED TO OLD FREDERICKSBURG ROAD. UM, WE DID CHECK WITH JOINT BASE SAN ANTONIO. UM, WE TALKED TO THE PLANNING COMMISSION, THE CITY STAFF. I APPRECIATE, UH, THE, THE BUILDER TALKING TO THE NEIGHBORS AND, UH, TRYING TO WORK OUT AS MUCH AS YOU GUYS POSSIBLY COULD WITH THOSE COMMENTS. I MOVE FOR APPROVAL. OKAY. THERE'S A MOTION FOR APPROVAL OF ITEM 36. WAS THERE A SECOND? I'LL SECOND IT. OKAY. THERE'S A MOTION AND SECOND FOR APPROVAL OF ITEM 36. ANY FURTHER DISCUSSION? OKAY. HEARING NONE, PLEASE VOTE. MOTION CARRIES. OKAY, THAT IS THE BALANCE OF OUR AGENDA TODAY. THE TIME IS 2:39 PM ON THE 20TH DAY OF OCTOBER, 2022. OUR MEETING IS NOW ADJOURNED. [00:35:04] I. * 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.