* 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] GOOD AFTERNOON. IT'S 2 0 4 AND I'M CALLING TO ORDER THE REGULAR SCHEDULED MEETING OF THE PLANNING COMMISSION OF CITY OF SAN ANTONIO FOR WEDNESDAY, FEBRUARY 22ND, 2023. CAN WE PLEASE HAVE INFORMATION ABOUT SPANISH LANGUAGE INTERPRETATION SERVICES? THANK YOU. CAN STAFF PLEASE CONDUCT THE ROLL CALL? ROLL, ROLL. CALL. MR. PECK. HERE. MR. GARCIA? HERE. MR. LOPEZ? HERE. MS. SIEGEL? HERE. MS. MILAM? PRESENT. MS. CHANDLER? HERE. MR. ZUKI? PRESENT. MR. SIPES? MR. ORIAN? SIPES COUNCILMAN? COURAGE, ZONING. PRESENT CHAIR. PROFIT HERE. A QUORUM IS PRESENT. THANK YOU. [ Election of Officers  ] AT THIS TIME I'M GONNA TURN THE MEETING OVER TO STAFF FOR THE OFFICER ELECTIONS. ALRIGHT. GOOD AFTERNOON EVERYONE. LOGAN SPARROW DEVELOPMENT SERVICES. UH, THE FIRST ITEM ON THE AGENDA TODAY IS THE ELECTION OF OFFICERS. SO I KNOW SEVERAL OF YOU HAVE DONE THIS BEFORE. GENERALLY THE PROCESS, UH, WE'LL START WITH CHAIR, THEN WE WILL MOVE ON TO THE VICE CHAIR AND PRO TEM. UH, ANY MEMBER OF THE PLANNING COMMISSION CAN, UH, NOMINATE ANY MEMBER, UH, FOR THOSE POSITIONS. SO WE'LL START OFF WITH CHAIR. DO I HAVE ANY NOMINATIONS FOR THE NEXT CHAIR OF THE PLANNING COMMISSION? I'LL NOMINATE COMMISSIONER, PROFIT FOR CHAIR. ANY OTHERS? ALL RIGHT, THEN WE CAN ENTERTAIN A VOTE. UH, THOSE IN FAVOR FOR REAPPOINTING COMMISSIONER. PROFIT TO CHAIR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? ALRIGHT. MOTION PASSES. CONGRATULATIONS, SIR. UH, WE WE'LL NOW TAKE NOMINATIONS FOR VICE CHAIR FROM ANY MEMBER OF THE COMMISSION. I WOULD LIKE TO NOMINATE, UH, COMMISSIONER PECK FOR VICE CHAIR. COMMISSIONER PECK, ANY OTHER NOMINATIONS AND HEARING NONE? ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? CONGRATULATIONS COMMISSIONER PECK. AND LAST BUT NOT LEAST, FOR THE POSITION OF PRO TEM. I'LL TAKE NOMINATIONS. I'LL NOMINATE COMMISSIONER SIEGEL. COMMISSIONER SIEGEL. ANY OTHERS? ALL THOSE IN FAVOR? AYE. ANY OPPOSED? ALRIGHT. CONGRATULATIONS. THANK YOU VERY MUCH EVERYONE. THANK YOU LOGAN. ALRIGHT. UH, [ Plats  ] WE HAVE TWO AGENDAS TODAY. WE HAVE A CONSENT AGENDA AND INDIVIDUAL ITEMS TO BE HEARD. UM, ALL ITEMS ARE ELIGIBLE FOR CONSENT EXCEPT FOR ITEM NUMBER SEVEN. IS THAT CORRECT? I WILL TAKE A MOTION FOR THE CONSENT AGENDA. SO MOVED THAT WE NEED TO , UM, MOTION TO APPROVE BY COMMISSIONER MILAM. SECOND BY COMMISSIONER SIEGEL. MS. MILAM? YES. MS. SIEGEL? YES. MR. PECK? AYE. MR. GARCIA? YES. MR. LOPEZ? YES. MISSLER? YES. MR. ZUKI? YES. COUNCILMAN COURAGE? YES. CHAIR, PROPHET? YES. MOTION PASSES. THANK YOU. MS. FAULKNER COMM. COMMISSIONER FAULKNER. COMMISSIONER FAULKNER, WE NEED, IF YOU CAN UNMUTE YOURSELF, WE NEED, UM, FOR A RESPONSE FROM YOU ON THE VOTE. I APOLOGIZE, I HAVE NOT HEARD ANYTHING AT ALL UNTIL YOU JUST ASKED ME THAT, SO WE'LL GO AHEAD AND, UH, SHE'LL ABSTAIN FROM THESE SINCE, SINCE SHE WAS NOT ABLE TO HEAR. BUT MOVING FORWARD, UH, WE ARE CONSIDERING OTHER ITEMS ON THE AGENDA. THANK YOU. THANK YOU. DID WE GET HER IN THE ROLL [00:05:01] CALL? I DON'T KNOW THAT MELISSA HAD CALLED HER OUT, BUT FOR THE RECORD, SHE IS ATTENDING VIRTUALLY AND IS PRESENT IN THE MEETING. OKAY. CAN WE DOUBLE CHECK AND MAKE SURE SHE HEARS WHAT WE'RE SAYING RIGHT NOW? COMMISSIONER F I CAN HEAR YOU GUYS. ALRIGHT, THANK YOU. THANKS. ALRIGHT. UH, INDIVIDUAL ITEMS. [Comprehensive Master Plan Amendments  ] UH, ITEM NUMBER SEVEN, GOOD AFTERNOON. ANNE BEAVIS PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER SEVEN IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE EBNER LEON CREEK COMMUNITY. PLAN FOR MEDIUM RES, MEDIUM DENSITY RESIDENTIAL TO REGIONAL COMMERCIAL, AND IS LOCATED AT 8 4 9 1 8 LINCOLN. THERE WERE SEVEN NOTICES MAILED WITH ZERO RETURN IN FAVOR. TWO. RETURN AN OPPOSITION. ALAMO FARMSTEADS BABCOCK ROAD NEIGHBORHOOD ASSOCIATION IS OPPOSED. OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION IS OPPOSED AND OUTSIDE 200 FEET, THERE ARE 18 NOTICES RETURNED IN OPPOSITION. THE PROPOSED LAND USE AMENDMENT IS REQUESTED IN IN ORDER TO REZONE THE PROPERTY TO C THREE CD GENERAL COMMERCIAL WITH THE CONDITIONAL USE FOR OVERSIZED VEHICLE SALES SERVICES AND STORAGE. THE PROPOSED LAND USE IS NOT CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN IN THE AREA. THERE IS NO ADEQUATE TRANSITIONAL BUFFER OF LAND USE IN THIS AREA TO ACCOMMODATE FOR REGIONAL COMMERCIAL AS THE SURROUNDING AREA ONLY HAS OFFICE MEDIUM DENSITY RESIDENTIAL AND LOW DENSITY RESIDENTIAL ESTATE. TO ALLOW REGIONAL COMMERCIAL FOR THIS PROPERTY WOULD CONSTITUTE HIGHER DENSITY COMMERCIAL ENCROACHMENT INTO A PRIMARILY LARGE LOT SINGLE FAMILY RESIDENTIAL BLOCK. THE SUBJECT PROPERTY DOES NOT MEET THE REQUIREMENTS FOR A REGIONAL COMMERCIAL LAND USE, WHICH INCLUDES A LOCATION AT AN INTERSECTION NODE, OR A LOCATION OF 20 ACRES OR GREATER. THEREFORE, IT WOULD NOT BE APPROPRIATE. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. THANK YOU. WOULD THE APPLICANT WANNA MAKE, MAKE THEIR PRESENTATION? GOOD AFTERNOON, COMMISS ISH. UH, CORNELL RON MANGUM ADDRESS IN QUESTION IS 84 91 AVE LINCOLN. UH, I'M HERE TODAY, UH, TO ASK FOR PERMISSION TO CONTINUE TO PARK 18 WHEELERS IN THE BACK OF THE PROPERTY. UM, THE WHOLE STREET ALL THE WAY UP TO WHITBY IS ALL COMMERCIAL USE RIGHT NOW. UH, THERE IS SOME RESIDENTIALS LIVING ON THERE, BUT EVERYTHING'S C ONE AND UP. UH, AND I'M NOT ASKING FOR A COMPLETE REZONE IS WHAT, YOU KNOW, JUST THE, UH, CONDITIONAL USE, WHICH IS JUST TO PARK THEM ON THERE. UM, I OVERVIEWED ALL OF THE LETTERS THAT WERE, THAT WERE SENT BACK IN OPPOSITION. A LOT OF 'EM LIVE MORE THAN A MILE AWAY FROM WHERE WE'RE AT AND WE'RE EXACTLY 160 SOMETHING FEET FROM THE CORNER OF ABE LINCOLN AND ECKERD, MEANING ALL OF THESE NEIGHBORHOODS WILL BE UNTOUCHED BY THEM. UM, AS FAR AS THE ROADS GO, UH, THERE'S NO ISSUE RIGHT NOW. AND AS FAR AS THE DUST GOES, EVERYTHING'S BEEN MILLED OUT, GRADED ACCORDINGLY. UH, I'M, I OWN A CONSTRUCTION COMPANY SO EVERYTHING'S BEEN DONE ACCORDINGLY TO THAT. UH, I APOLOGIZE TO THE COMMISS FOR NOT GETTING APPROVAL BEFORE I WAS JUST, I I DIDN'T KNOW THAT I HAD TO, I KNEW IT WAS C THREE. I CAME UP HERE. I DO A LOT OF FLIPS. I CAME UP HERE AND SAW THAT IT WAS THREE C THREE. UH, WE HAVE BEEN AT THE BARBERSHOP THERE FOR 10 YEARS NOW. UH, AND I'VE HAD MY CONSTRUCTION COMPANY BACK BEHIND THERE FOR SEVEN YEARS NOW. SO THERE WAS AN EXTRA ACRE THAT WAS BEHIND OUR PROPERTY NEVER BEING USED AND WE USED IT. SO, UM, WHEN THE NEIGHBOR BEHIND US STARTED COMPLAINING IS WHEN, UH, CO COMPLIANCE CAME OUT AND I WAS MADE AWARE OF IT AND I IMMEDIATELY CAME IN TO GET THIS REZONED OR AN AMENDMENT PUT ON THERE. ALRIGHT, THANK YOU. UH, WE HAVE, UH, A COUPLE VOICEMAILS AND SOME FOLKS TO BE HEARD, SO IF WE CAN LISTEN TO THE, THE VOICEMAILS. UM, AND THEN ALSO, UH, FOR PUBLIC COMMENT, UH, IF WE CAN LIMIT THAT TO TWO MINUTES, UH, JUST BECAUSE OF THE NUMBER OF OF PEOPLE SIGN UP TO SPEAK. SO DON'T UNDERSTAND. YOU CAN HAVE A SEAT, SIR. THANK YOU. WE'LL START WITH THE VOICEMAILS. HI, MY NAME IS ALLISON AMES AND I AM CALLING TO OPPOSE CASE NUMBER PA DASH 2 0 2 3 DASH ONE ONE SIX ZERO ZERO ZERO ZERO THREE. MY PHONE NUMBER IS (210) 912-8998. MY FAMILY AND I LIVE AT 8 4 6 4 BARON STREET AND WE SHARE A FENCE WITH 8 4 9 1 8 LINCOLN. WE MOVED TO FROM DALLAS TO SAN ANTONIO IN SEPTEMBER OF 2022. AND WE'RE SO EXCITED ABOUT LIVING ON THIS PROPERTY WITH ALL THE TREES IN THE SPACE THAT MY KIDS WOULD HAVE TO RUN AROUND AND PLAY OUTSIDE, WHICH WAS VERY DIFFERENT THAN OUR HOMES IN DALLAS. ALL OF THE HOUSES ON OUR STREET HAVE ACREAGE, AND SO IT FEELS LIKE A QUIET, PEACEFUL AREA IN [00:10:01] THE MIDDLE OF A VERY BUSY CITY. MM-HMM. . BACK IN NOVEMBER, OUR NEIGHBORS BROUGHT IN BULLDOZERS AND EXCAVATORS AND KNOCKED DOWN MOST OF THE TREES IN THEIR PROPERTY. THEY HAD BURN PILES GOING, AND THAT SMOKE WOULD AFFECT MY KIDS AND THE NEIGHBORHOODS, THE NEIGHBOR'S, KIDS BEING ABLE TO PLAY OUTSIDE IN OUR BACKYARDS. WE CALLED 9 1 1 A FEW TIMES BECAUSE IT APPEARED THAT THE FIRES WERE GETTING TOO LARGE TO MANAGE. THEY WOULD WORK FROM EARLY HOURS IN THE DAY UNTIL ABOUT EIGHT 30 AT NIGHT. UM, SHORTLY AFTER THEY CLEARED THEIR PROPERTIES, THEY BEGAN STORING 18 WHEELERS AND OTHER LARGE CONSTRUCTION VEHICLES THERE. OUR HOUSE IS 20 TO 30 FEET FROM 20 PLUS 18 WHEELERS THAT OPERATE ANYWHERE FROM 5:00 AM UNTIL EIGHT 30 OR NINE AT NIGHT. I HAVE TWO SMALL CHILDREN WHO ARE OFTEN AWAKENED IN THE EARLY MORNING BY THE NOISES THAT THESE TRUCKS MAKE, AS WELL AS HAVING A HARD TIME GOING TO SLEEP AT NIGHT WHEN TRUCKS COME AND GO AFTER THEIR BEDTIME. THE SMELL OF DIESEL FUEL IS STRONG IN OUR BACKYARD AS WELL AS INSIDE OUR HOUSE. UM, I'VE TAKEN MULTIPLE PHOTOS AS WELL AS VIDEOS OF THESE TRUCKS OPERATING AT 5:20 AM IN A RESIDENTIAL NEIGHBORHOOD. I BEG YOU, PLEASE, PLEASE GIVE MY KIDS THE OPPORTUNITY TO HAVE THE CHILDHOOD THAT I PROMISED THEM WITH THE ABILITY TO RUN AND JUMP AND PLAY IN THEIR BACKYARD WITHOUT ANY SAFETY CONCERNS ABOUT THE AIR THEY'RE BREATHING, BEING POLLUTED WITH THE OIL AND THE GAS THAT'S COMING FROM THESE 18 WHEELERS. I ALSO HOPE THAT MY HUSBAND AND I HAVE THE OPPORTUNITY TO SLEEP PAST FIVE 30 ON A SATURDAY MORNING BECAUSE OUR NEIGHBORS ARE GOING TO WORK. WE STRONGLY, STRONGLY OPPOSE THIS REZONE AND I HOPE THAT YOU DO TOO. THANK YOU SO MUCH FOR YOUR TIME, AND THANK YOU FOR LISTENING. BYE-BYE. DID, DID THE COMMISSIONERS, DID YOU HEAR THAT WELL ENOUGH? DO YOU WANT US TO REPLAY THAT? OKAY. YEAH. CAN WE REPLAY THAT PLEASE? HI, MY NAME IS ALLISON AMES AND I AM CALLING TO OPPOSE CASE NUMBER PA DASH 2 0 2 3 DASH ONE SIX ZERO ZERO ZERO ZERO THREE. MY PHONE NUMBER IS (210) 912-8998. MY FAMILY AND I LIVE AT 8 4 6 4 BARON STREET AND WE SHARE A FENCE WITH 8 4 9 1 8 LINCOLN. WE MOVED TO FROM DALLAS TO SAN ANTONIO IN SEPTEMBER OF 2022. AND WE'RE SO EXCITED ABOUT LIVING ON THIS PROPERTY WITH ALL THE TREES AND THE SPACE THAT MY KIDS WOULD HAVE TO RUN AROUND AND PLAY OUTSIDE, WHICH WAS VERY DIFFERENT THAN OUR HOMES IN DALLAS. ALL OF THE HOUSES ON OUR STREET HAVE ACREAGE, AND SO IT FILLS LIKE A QUIET, PEACEFUL AREA IN THE MIDDLE OF A VERY BUSY CITY. BACK IN NOVEMBER, OUR NEIGHBORS BROUGHT IN BULLDOZERS AND EXCAVATORS AND KNOCKED DOWN MOST OF THE TREES IN THEIR PROPERTY. THEY HAD BURN PILES GOING, AND THAT SMOKE WOULD AFFECT MY KIDS AND THE NEIGHBORHOODS, THE NEIGHBOR'S, KIDS BEING ABLE TO PLAY OUTSIDE IN OUR BACKYARDS. WE CALLED 9 1 1 A FEW TIMES BECAUSE IT APPEARED THAT THE FIRES WERE GETTING TOO LARGE TO MANAGE. THEY WOULD WORK FROM EARLY HOURS IN THE DAY UNTIL ABOUT EIGHT 30 AT NIGHT. UM, SHORTLY AFTER THEY CLEARED THEIR PROPERTY, THEY BEGAN STORING 18 WHEELERS AND OTHER LARGE CONSTRUCTION VEHICLES THERE. OUR HOUSE IS 20 TO 30 FEET FROM 20 PLUS 18 WHEELERS THAT OPERATE ANYWHERE FROM 5:00 AM UNTIL EIGHT 30 OR NINE AT NIGHT. I HAVE TWO SMALL CHILDREN WHO ARE OFTEN AWAKENED IN THE EARLY MORNING BY THE NOISES THAT THESE TRUCKS MAKE, AS WELL AS HAVING A HARD TIME GOING TO SLEEP AT NIGHT WHEN TRUCKS COME AND GO AFTER THEIR BEDTIME. THE SMELL OF DIESEL FUEL IS STRONG IN OUR BACKYARD AS WELL AS INSIDE OUR HOUSE. UM, I'VE TAKEN MULTIPLE PHOTOS AS WELL AS VIDEOS OF THESE TRUCKS OPERATING AT 5:20 AM IN A RESIDENTIAL NEIGHBORHOOD. I BEG YOU, PLEASE, PLEASE GIVE MY KIDS THE OPPORTUNITY TO HAVE THE CHILDHOOD THAT I PROMISED THEM WITH THE ABILITY TO RUN AND JUMP AND PLAY IN THEIR BACKYARD WITHOUT ANY SAFETY CONCERNS ABOUT THE AIR THEY'RE BREATHING, BEING POLLUTED WITH THE OIL IN THE GAS THAT'S COMING FROM THESE 18 WHEELERS. I ALSO HOPE THAT MY HUSBAND AND I HAVE THE OPPORTUNITY TO SLEEP PAST FIVE 30 ON A SATURDAY MORNING BECAUSE OUR NEIGHBORS ARE GOING TO WORK. WE STRONGLY, STRONGLY OPPOSE THIS REZONE AND I HOPE THAT YOU DO TOO. THANK YOU SO MUCH FOR YOUR TIME AND THANK YOU FOR LISTENING. BYE-BYE. ONE A MESSAGE. YES, MY NAME IS SAM AMES AND I LIVE AT 8 4 6 4 BARON STREET. UM, AND THIS IS REGARDING THE, UM, CASE OF 0 0 3 AND, UM, I'M CALLING TO OPPOSE THIS. I MEAN THESE, THIS, UH, AREA HERE IS THESE TRUCKERS ARE STARTING ANYWHERE FROM FOUR 30 IN THE MORNING TO FIVE O'CLOCK IN THE MORNING STARTING THEIR TRUCKS UP, LETTING THEM RUN AND IDLE FOR 15 TO 20 MINUTES. WE HAVE VERY SMALL CHILDREN AND THEY WAKE UP AND ARE UP AT THAT. THEY'RE WAKING THEM UP AT THAT TIME IN THE MORNING, UH, CUTTING THEIR SLEEP SCHEDULES DOWN AND MAKING NOISE PRETTY MUCH ALL MORNING LONG TILL IN THE EVENINGS SATURDAYS. THEY'RE OVER THERE WORKING ON THE VEHICLES AND [00:15:01] THEY HAVE A, A WORKSHOP THERE THAT'S I'M PRETTY SURE IS NOT LEGAL. UM, AND ONE OF THE TRAILERS, UM, I'VE SEEN CHEMICAL BARRELS OUT THERE THAT ARE NOT CONTAINED IN THE PROPER CONTAINERS, UM, OR IN PROPER STORAGE AREAS. UM, SO I'M CALLING IN TO OPPOSE THIS, UM, ZONING CHANGE, UM, BECAUSE THAT IS, IT IS A VERY, UM, LOUD SITUATION THAT'S, UH, HAPPENING OVER THERE. AND, UH, THE SMELL OF DIESEL ALL MORNING LONG AND ON SATURDAYS IS VERY POTENT AND YOU CAN SMELL IT, UM, UNTIL AT LEAST SEVEN, EIGHT O'CLOCK IN THE MORNING. SO THANK YOU. YES, MY NAME IS SAM, A SPEAK FIRST, UH, GENTLEMAN IS STEVEN CUSHMAN. IF YOU CAN STATE YOUR NAME AND ADDRESS AND TWO MINUTES PLEASE. ALSO, THERE ARE TWO OTHER PEOPLE HERE WHO HAVE, UH, REQUESTED TO GIVE THEIR TIME TO ME. AND WHO IS THAT? PHILLIP MANN. I'M GONNA GO AHEAD AND SPEAK. YEAH, YEAH. AND KATHY MANN. OKAY, THEN YOU'LL HAVE SIX MINUTES, SIR. YEAH. BY THE ADDRESS RIGHT THERE. GOOD AFTERNOON. MY NAME IS STEVEN CUSHMAN. I LIVE AT 6 6 8 2 PEMBROKE ROAD. I'M HERE TODAY REPRESENTING THE ALAMO FARMSTEAD BABCOCK ROAD NEIGHBORHOOD ASSOCIATION. I SERVE ON THE BOARD FOR THE ASSOCIATION. OUR ASSOCIATION IS OPPOSED TO THE REQUEST PA 20 23 106 0 0 0 0 3, WHICH IS CURRENTLY BEFORE THE COMMISSION. THE SLIDE THAT I HAVE UP THERE DESCRIBES THE AREA AND THE PLACEMENT OF THE SUBJECT PRO PROPERTY. THIS SLIDE SHOWS THAT THE AREA ENCOMPASSED BY THE COMMUNITY PLAN THAT THE, IT SHOWS THE AREA ENCOMPASSED BY THE COMMUNITY PLAN. THE APPLICANT IS REQUESTING TO CHANGE AND AS YOU CAN SEE, 84 91 A LINCOLN IS A TINY LITTLE PART OF THAT AREA. I DON'T UNDERSTAND WHY ANYBODY WOULD REQUEST TO CHANGE THE PLAN FOR THE WHOLE AREA BECAUSE OF ONE LITTLE PROPERTY LIKE THAT. IT SEEMS TO ME THAT IF THIS IS ALLOWED, WE'RE TAKING THE FIRST STEP DOWN A SLIPPERY SLOPE TO ALLOWING ALL KINDS OF CHANGES THAT DON'T MEET THE INTENT OF THE PLAN. THE APPLICANT HAS ALLOWED THE PARKING TO OF OVERSIZED VEHICLES AND SEMI-TRUCKS ON THE BACK PORTION OF THIS PROPERTY WITHOUT A PERMIT FOR SEVERAL MONTHS. THEIR COMMERCIAL ZONING DOES NOT ALLOW FOR THIS ACTIVITY. SO CODE COMPLIANCE HAS BEEN CALLED SEVERAL TIMES AND CITATIONS HAVE BEEN ISSUED. THE APPLICANT IS SEEKING A PLANNING AND X ZONING CHAINS THAT WILL ALLOW THIS ACTIVITY. SLIDE TWO PLEASE. SO THIS IS ENTRANCE TO THE PROPERTY. UH, THE, THE STRUCTURE YOU'RE LOOKING AT IS ACTUALLY A BARBERSHOP SLIGHTLY TO THE RIGHT AND BEHIND IT IS A HAIR SALON. NEXT SLIDE. IF YOU ZOOM IN, JUST STANDING AT THE SAME PLACE, IF YOU ZOOM IN, YOU CAN SEE THE TRUCKS IN THE BACKGROUND. SLIDE THREE PLEASE. BUT WHEN YOU GO DOWN THE SIDE OF THE LOT, THERE'S A LOT MORE STUFF BACK THERE BEHIND THE TRUCKS. NEXT SLIDE. STILL FURTHER BACK, THERE'S MORE STUFF AND ALL THE WAY BACK A LOT. THERE'S LOTS OF STUFF PILED UP BACK THERE. SO THE PARKING OF OVERSIZED VEHICLES AND SEMI-TRUCKS ARE PERMITTED BY RIGHT ON THE INDUSTRIAL ZONED LOTS TO ALLOW. PARKING OF OVERSIGHT VEHICLES AND SEMI-TRUCKS ON THIS COMMERCIAL LOT REQUIRES THAT THE APPLICANT RECEIVE A CONDITIONAL USE ZONING. IN GENERAL, A CONDITIONAL USE ZONING ALLOWS A PROPERTY TO DO SOMETHING THAT IS NOT PERMITTED WITH THE CURRENT ZONING DISTRICT, BUT ALLOWED IN A MORE INTENSE ZONING DISTRICT. PRIOR TO OBTAINING THE CONDITIONAL USE ZONING, THE APPLICANT HAS TO SUCCESSFULLY CHANGE THE EBNER LEON CREEK'S COMMUNITY PLAN. FUTURE USE FOR THIS PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO REGIONAL COMMERCIAL, EVEN IF THE APPLICANT WERE TO, TO SUCCEED IN GETTING THE REQUESTED CHANGE, THE CURRENT USE WOULD NOT BE ALLOWED. WHAT, WHAT IS THERE? LOOKS VERY MUCH LIKE A JUNKYARD TO ME. OKAY. SLIDE SEVEN. SO THIS IS WHERE THIS IS POSITIONED WITHIN, UH, THE NEIGHBORHOOD. AND YOU CAN SEE FROM THE AREA THIS IS PRETTY MUCH LARGE RESIDENTIAL LOTS. HAVING A BUSINESS LIKE THIS INSIDE OF THIS, THIS RESIDENTIAL AREA JUST DOESN'T MAKE ANY SENSE, BUT IS WHY HE NEEDS TO CHANGE IT BECAUSE THE PLAN IS ACCURATELY DESCRIBING THIS AS A RE RESIDENTIAL AREA. SLIDE EIGHT PLEASE. SO THE XS ARE, UM, SIGNATURES THAT WE HAVE RECEIVED OR EMAILS THAT WE HAVE RECEIVED IN OPPOSITION TO THIS. AND IT PRETTY MUCH IS ALL THE WAY AROUND THE PROPERTY WITH THE EXCEPTION. UH, OR THOSE FOUR XS THAT ARE AT THE, AT THE BOTTOM OF THOSE ARE OUTSIDE THE 200 FOOT AREA, BUT THEY'RE 210 FEET. SO EVERYBODY AROUND IT PRETTY MUCH SAYS NO TO THIS THING. AND I BELIEVE THE PROPERTY NEXT DOOR THAT'S LABELED AS OFFICE HAS A SPEAKER HERE IN OPPOSITION AS WELL TODAY. UH, SLIDE NINE. SO THE [00:20:01] EBNER LEON CREEK COMMUNITY PLAN WAS DEVELOPED AND UPDATED WITH INPUT AND COLLABORATION FROM THE COSA AND THE D S D PLANNING, LOCAL BUSINESSES, DEVELOPERS, 17 NEIGHBORHOOD ASSOCIATIONS AND HOAS AND THE HOMEOWNERS. WE FOLLOWED STANDARD DEVELOPMENT PRACTICES WHERE MORE USE, MORE INTENSE USE AT EDGES OF THE COMMUNITY IS ALLOWED AND TRANSITIONS TO LESS INTENSE USE TOWARD THE RESIDENTIAL HEART OF THE COMMUNITY. THE PERIMETER IS THE COMMUNITY, COMMERCIAL AND OFFICE REGIONAL COMMERCIAL, WHICH IS BEING REQUESTED IS MORE INTENSE AND CONTRARY TO THE BEST PRACTICE. WE HAVE A, THE PLAN FOR A PURPOSE. IT HAS GUIDED US FOR ALMOST 20 YEARS AND IT WORKS WELL. PLEASE LET'S CONTIN CONTINUE TO ADHERE TO ITS GUIDANCE. NEXT, THIS, UH, IS FROM THE V C A D AND IT SHOWS THAT THIS PROPERTY AT SOME POINT WAS A WATER COLLECTION PLACE AND THE PROPERTY HAS NOT TAKEN PROPER, UM, PRECAUTIONS TO PREVENT THE FUEL OIL AND GREASE TO LEACH INTO THE GROUND, WHICH COULD, COULD CONTAMINATE THE WATER THAT THE NEARBY RESIDENTS DO RELY ON WELLS. SO ALAMO FARMS AND BABCOCK ROAD NEIGHBORHOOD ASSOCIATION OPPOSITION INCLUDES THAT ABE LINCOLN IS A LOCAL TYPE B COLLECTOR AND ECKERD IS A SECONDARY ARTERIAL PER THE U D C REGIONAL COMMERCIAL ARE TYPICALLY LOCATED IN, IN GENERAL PROXIMITY TO NODES ALONG EXPRESSWAYS AND MAJOR ARTERIAL ROADWAYS, NOT THE LOCAL TYPE B. WE HAVE RECEIVED NOISE COMPLAINTS FROM THE ABETTING RESIDENTS AS WELL AS THE NEARBY RESIDENTS IN MARSHALL MEADOWS ABOUT THE VERY EARLY MORNINGS AND VERY LATE EVENINGS. THIS TYPE OF CONSTANT VEHICULAR TROPICAL WILL TRAFFIC WILLOW ROAD. OUR ROADS QUICKER THAN DESIRED. AS USUAL, THIS REQUEST IS ESSENTIALLY ABOUT MONEY. THE LANDOWNER HAS FOUND A WAY TO MAKE SOME MONEY WITH LITTLE EFFORT ON THEIR PART. TOO BAD IT'S AGAINST THE PLANNED USE. THE AREA IS NOT SUITED FOR THE REQUESTED PURPOSE. ALAMO FARMSTEAD BABCOCK ROAD NEIGHBORHOOD ASSOCIATION OPPOSES THIS REQUEST AND AGREE WITH THE STAFF'S RECOMMENDATION TO DENY THE REQUEST. THANK YOU FOR YOUR TIME. THANK YOU. MR. CUSHMAN. UH, MARIUS PERONE. DID I SAY THAT RIGHT? YES. MARIUS MARIUS PERONE IS MY NAME. UM, IN 1978, I OWNED THE LOT DI DIRECTLY NORTH. CAN YOU STATE YOUR NAME AND ADDRESS PLEASE? WHAT DID YOU SAY? STATE YOUR NAME, STATE YOUR ADDRESS FOR THE RECORD PLEASE. THE ADDRESS, THE, YOUR NAME AND ADDRESS, SIR? YES. MARIUS, M A R I U S PERONE, P E R R O N. AND THE ADDRESS IS 8 5 5 5 A LINCOLN. UM, SINCE 1978, I'VE BEEN RUNNING A TRADE SCHOOL IN SAN ANTONIO THAT TEACHES ABOUT SOUND ENGINEERING, ABOUT MICROPHONES AND LOUDSPEAKERS, ET CETERA, BUT I'VE NEVER HAD MY OWN PLACE. IN 2019, I PURCHASED THAT LAND BECAUSE IT WAS ZONED WHAT'S CALLED, I THINK IT'S CALLED O TWO VERY, UM, LOW TRAFFIC AREA. AND, UH, AND FOR TO RECORD SOUND PROPERLY, YOU, YOU DON'T WANT NOISE AROUND YOU. NOW THE ISSUE HERE IS WITH THE LARGE TRUCKS ON THE GROUND, THEY, UH, MAKE KIND OF A NOISE THAT'S SUCH A LOW FREQUENCY. HUMAN BEINGS CAN'T HEAR IT, BUT YOU PROBABLY HEARD THAT ELEPHANTS CAN COMMUNICATE BY STOMPING ON THE GROUND AND FIVE MILES AWAY ANOTHER ELEPHANT CAN HEAR IT. THAT'S BECAUSE IT'S SUCH A LOW, UH, LOW FREQUENCY, THAT'S KIND OF A TECHIE WORD, BUT IT JUST MEANS THAT HUMAN BEINGS CAN'T HEAR IT, BUT IT'S STILL IN THE GROUND VIBRATING. WELL, WHAT BOTHERS ME IS THAT LATER ON WHEN I HAVE THE SCHOOL OPEN AND I'M RIGHT NEXT DOOR, IF THERE'S A TRUCK GOING BY, THE STUDENT WILL SAY, MR. PERONE, UM, WE HAVE A MICROPHONE ON THIS GUITAR. WHY IS THE METER ON THE MIXING BOARD DANCING UP AND DOWN? WE CAN'T HEAR ANYTHING, BUT THE MICROPHONES CAN PICK UP WAY DOWN LOW BELOW HUMAN HEARING. SO THE THAT, THAT'S MY ISSUE WITH THIS. IT'S THE LOW FREQUENCY NOISE OF THOSE TRUCKS. ALL RIGHT. UH, THANK YOU SIR. UH, THE LAST PERSON TO SPEAK IS STEVEN BECKER. I HAVE TWO MINUTES NAME AND ADDRESS FOR THE RECORD, PLEASE. CAN YOU, CAN YOU PLAY THIS AT SOME POINT? UH, YES. UH, STEVEN BECKER, 8 4 6 4 BARRON. SO MY PROPERTY IS ON THE NORTHEAST, UH, ON BARREN AND, AND HIS PROPERTY'S ON THE, THE SOUTHWEST. SO WE BUTT UP, THEY'RE 20, 30 FEET AWAY FROM MY PROPERTY. IT'S BEEN A NIGHTMARE SINCE THE, UH, JUST BEFORE, UH, THANKSGIVING WHEN THEY STARTED CLEARING THE PROPERTY AND THEN THE TRUCKS TRAILS. YOU'VE HEARD ENOUGH OF THAT NOW? UH, SIR, CAN YOU SPEAK INTO THE MICROPHONE PLEASE? I'M SORRY. OKAY, THANK YOU. THE APPLICANT TALKED ABOUT, YOU KNOW, HE STARTED THIS BUSINESS. HE DIDN'T HAVE A, A ZONING WHO DOES THAT? AND YOU DON'T START A BUSINESS AND THEN GET THE ZONING. YOU GET THE ZONING FIRST. HE HAS TWO OTHER BUSINESSES ON THE SAME PROPERTY. AND GUESS WHAT? NO, C OF O AND THAT BARBERSHOP HE [00:25:01] TALKED ABOUT, HE IS BEEN RUNNING THAT FOR FIVE TO 10 YEARS. SO HE'S GOT THREE CITATIONS. CODE COMPLIANCE HAS BEEN OUT THERE NUMEROUS TIMES AND HE STILL RUNS THE BUSINESS, WHICH IS RIDICULOUS. IT'S A NIGHTMARE. AND, AND EVERYBODY'S TALKED ABOUT IT. AND IF YOU CAN PLAY THIS, I'M GONNA GIVE YOU A, LET YOU GET A FEEL FOR WHAT IT'S LIKE FROM OUR HOUSE, WHICH LOOKS RIGHT OUT TO THE PROPERTY. OKAY? THIS IS ABOUT FIVE 30 IN THE MORNING. 6 45. 5 45. IT'S ABOUT 5 45 ON FRIDAY MORNING. THIS TRUCK JUST WOKE MY SON UP. HE CAME INTO OUR ROOM JUST A MINUTE AGO. YOU, YOU DIDN'T GET TO THE GOOD PART, I'M SORRY. WELL, YOU GET A FEEL FOR IT. SO THANK YOU. THANK YOU VERY MUCH. REMOTE, MR. CHAIR. I DON'T KNOW THAT YOUR MICROPHONE WAS ON. IT'S ON, IT'S ON, IT IS. OKAY. THANK YOU. CAN YOU HEAR ME? CAN YOU HEAR ME? CAN HEAR YOU NOW. SO I, I WILL DEFINITELY NOT GET INTO ANY EXAGGERATION, UH, OF THE FACT THAT WE'LL SAY THAT THERE. UM, THERE'S NO, UH, CONTAINERS OF OIL OR ANYTHING ON THE PROJECT, ON THE PROPERTY. THERE IS NO, UH, MECHANICAL WORK BEING DONE, ONLY MAINTENANCE BEING DONE ON THE PROPERTY. SO THERE'S NO WORKSHOP THAT'S THERE. ALRIGHT, SO, UH, AS FAR AS THE EXAGGERATION OF ANYTHING, THERE'S A LOT OF DOUBLE CALLS AND STUFF. A LOT OF DOUBLE LETTERS, BUT I, I MEAN, THAT'S FOR YOU GUYS TO DECIDE ON THAT. UH, THAT'S ALL I HAVE TO SAY. OKAY. THANK YOU SIR. I'LL TAKE, UH, COMMISSIONER QUESTIONS IF COMMISSIONER FAULKNER CAN HEAR ME. DO YOU HAVE ANY QUESTIONS OR COMMENTS? NOT AT THIS TIME. THANKS. OKAY, COMMISSIONER ZUKI. UM, IT DOES APPEAR THAT, UH, THE NOISE HAS BEEN A MAJOR ISSUE WITH THE NEIGHBORS, UH, IN CLOSE PROXIMITY TO THE PROPERTY. UH, MY QUESTION TO THE APPLICANT, UH, OVER THE, THE TIME THAT YOU OWN THE PROPERTY, HAVE YOU BEEN WORKED WITH THE NEIGHBORS TO FIND THE RESOLUTION TO THE ISSUES THAT THEY HAVE RAISED PREVIOUSLY? I'M SORRY, MY APOLOGIES. I DIDN'T KNOW YOU WERE GONNA ASK SOME QUESTIONS. UM, I HAVE NOT. THEY JUST CONTINUOUSLY CALL THE POLICE OR THE FIRER THEY COME WITH? NO, THERE'S NO ISSUE. THERE'S NO BEEN ANY CITATIONS FOR NOISE VIOLATION OR ANYTHING, UH, THAT'S BEEN BROUGHT UP. UM, THEY, THEY DON'T WORK ON SATURDAYS. NORMALLY IT'S SIX O'CLOCK IN THE MORNING, THEY'RE GONE AND BY THREE 30 IN THE AFTERNOON THEY'RE BACK. UM, THAT'S HOW NORMAL TRUCKERS WORK. SO THEY'RE NOT ON THE ROADS. NORMAL TIMES WHEN PEOPLE LEAVE TO GO TO WORK BACK AND FORTH. UH, BUT, UH, I'VE ONLY, UH, HAD TWO INCIDENCES WITH THE NEIGHBOR. UH, AND THEY, AND THEY WEREN'T GOOD. THEY WERE, WHEN WE WERE CLEANING THE PROPERTY FROM THE BEGINNING, UH, WE HAD A GENTLEMAN JUST COME AND TELL US NO WORKING AFTER SEVEN O'CLOCK, IT WAS 6 55, SO WE STOPPED. UM, BUT OTHER THAN THAT, NO. ALRIGHT, THANK YOU. NO QUESTION. COMMISSIONER ZIEGEL? I DON'T HAVE ANY QUESTIONS, MR. BY NO QUESTIONS. I DON'T HAVE ANY QUESTIONS. JUST A STATEMENT. UM, THE USE OF SIDE, YOU KNOW, THE TRUCKS AND WHATNOT ASIDE, UH, JUST REMOVING THAT OUTTA THE EQUATION. THE PROPERTY DOESN'T LEND ITSELF TO REGIONAL COMMERCIAL ANYWAY. IT'S LIKE TWO ACRES, UM, ON A LOCAL TYPE B STREET NOWHERE'S NEAR A MAJOR INTERSECTION, WHICH IS THE STANDARD DEFINITION FOR REGIONAL COMMERCIAL. SO TO ME, UH, THE USE ASIDE, JUST THE PROPOSED LAND USE DESIGNATION DOES NOT FIT. SO I'LL BE VOTING IN DENIAL OF THIS ITEM. COMMISSIONER LER, ONE LAST QUESTION. WAS THERE A TREE PERMIT OBTAINED FOR THE CLEARING OF THE TREES? DOES THAT, MY KNOW, I AM LOOKING AT THE, UM, APPLICATIONS AND I DO NOT SEE AT THE MOMENT A PERMIT, BUT GIVE ME ONE MORE MINUTE, SIR. AND I CAN DOUBLE CHECK. YOU MIGHT HAVE SOMEBODY CHECK INTO THAT. THANK YOU. IT WAS ONLY MESQUITES THAT WERE CUT DOWN. NO OAK TREES WERE CUT DOWN IN THE PROCESS. NO QUESTIONS. COMMISSIONER GARCIA? [00:30:02] MY CONCERN IS THE, UM, THE ENTRANCE TO ABE LINCOLN FROM ECKERD ROAD. HOW DO THE TRUCKS MANEUVER THAT? 'CAUSE IT'S QUITE A TRICKY WAY. IT'S LIKE A TRIANGLE AND IT'S APPROXIMATELY 160 FEET FROM THERE. IT'S JUST A DIRECT TURN IN. WE'VE OPENED OUR GATE UP. WELL, I WAS GOING TO ASK STAFF IF THERE'S ANY WAY YOU COULD EXPLAIN HOW THAT WAS REVIEWED. THE, UH, YOU'RE COMING ON ECKERD, YOU'RE GONNA TURN INTO A LINCOLN, OR YOU'RE COMING FROM A LINCOLN AND GOING INTO ECKERD ROAD. COMMISSIONER GARCIA HAVE A HARD TIME MANEUVERING THAT. YEAH. COMMISSIONER GARCIA, THE REASON HE'S HERE IS BECAUSE HE HAS, UM, A, HE'S WORKING OUTSIDE OF HIS ZONING, WHICH, WHICH IS ALLOWED. SO, UM, IF THIS IS APPROVED, THEN HE WOULD GO THROUGH THE REGULAR PROPER PROCESS TO ENSURE THAT HIS, UH, TRUCKS ARE ABLE TO BE PARKED THERE, WHICH MEANS THERE WILL BE TRAFFIC REVIEWS THAT WOULD BE CONDUCTED. IF THIS IS DENIED, THE TRUCK USE WOULD HAVE TO STOP SATISFACTORY. SO I'LL, I'LL SUPPORT THE STAFF RECOMMENDATION. COUNCILMAN COURAGE. YEAH, IT, IT'S VERY APPARENT, I THINK TO ME ANYWAY, THAT THIS ISN'T AN APPROPRIATE USE FOR THIS PROPERTY. I ALWAYS RESPECT PEOPLE'S RIGHT TO DEVELOP THEIR PROPERTY, BUT IT NEEDS TO BE WITHIN A STRUCTURE THAT THE CITY HAS ARRANGED PREVIOUSLY AND THAT THE COMMUNITY EXPECTS. SO, UH, I HAVE NO QUESTIONS, BUT I WOULDN'T BE SUPPORTING THIS. I THINK THAT WE NEED TO DENY, UH, HIS REQUEST. COMMISSIONER LOPEZ? NO QUESTION. ALL RIGHT. I CONCUR WITH THE COUNCILMAN AND AND COUNCIL. UH, VICE CHAIR PECK, UH, THIS IS A MATTER OF LAND USE AND THAT THIS, UH, LAND USE DOES NOT FIT THE, UH, REQUIRED PARAMETERS. UH, BUT AT THIS TIME I'LL TAKE A MOTION. I MAKE A MOTION TO UPHOLD STAFF'S RECOMMENDATION OF DENIAL. SECOND. SECOND. A MOTION, UH, FOR DENIAL BY COMM. VICE CHAIR PECK. AND SECOND BY COMMISSIONER, UH, SHIN SCHINDLER. SORRY, NOT, UM, I'M SORRY, I DON'T WANT TO INTERRUPT, BUT I JUST WANTED TO CONFIRM. THERE IS NO APPLICATION FOR THE TREES AS, UH, COMMISSIONER PECK HAD REQUESTED. UM, WE DO SEE CFOS FOR THE BARBERSHOP. SO THERE IS THAT ONE EXISTING. THERE IS AN ACT OF ONE FOR THE BARBERSHOP. OKAY. THANK YOU FOR CHECKING ON THAT. OKAY, SO WE HAVE A MOTION AND A SECOND. MR. PECK? AYE. MISSLER? YES. MR. GARCIA? YES. MR. LOPEZ? YES. MS. SIEGEL? YES. MS. MILAM? YES. MR. ZUKI? YES. COUNCILMAN? COURAGE. THE MOTION IS TO DENY I VOTE? YES. MS. FAULKNER? YES. CHAIR PECK. PROFIT, PROFIT, UH, CHAIR PROFIT ? YES. MOTION. MOTION PASSES FOR DENIAL. ALRIGHT, THANK YOU. THANK YOU FOR YOUR TIME. ALRIGHT, UH, ONTO [Approval of Minutes  ] THE MINUTE, UH, MINUTES. DOES ANYBODY HAVE ANY COMMENTS OR CLARIFICATIONS FROM THE MINUTES FROM LAST MEETING? UM, HEARING NONE. I WILL TAKE A VOICE VOTE. ALL IN FAVOR? AYE. AYE. OPPOSED? ABSTENTIONS. MOTION PASSES. THANK YOU. IS THERE ANY DIRECTOR'S REPORT TODAY? NO UPDATE TODAY SIR. ALRIGHT. IT IS 2 38 AND WE ARE ADJOURNED. * 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.