* 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 LADIES AND GENTLEMEN. IF WE COULD BEGIN WITH OUR SPANISH TRANSLATION SERVICES STATEMENT PLEASE. ALRIGHT, THANK YOU. UH, BEFORE WE BEGIN, UM, IF ANY I DIDN'T ASK BEFOREHAND, WE HAVE MASKS. WE HAVE MASKS. YES. SO IF ANYONE IS, UH, FEELING A LITTLE ILL OR WOULD LIKE A MASK, WE DO HAVE THOSE IN THE CORNER OVER HERE. SO THANK YOU. MY NAME IS ROB SIPES AND I AM THE CHAIR OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT SEVEN ZONING COMMISSIONER. I HEREBY CALL THIS REGULAR NOTICE MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION INTO SESSION. THE TIME IS 1:03 PM I'D LIKE TO DO A ROLL CALL BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT. ROS, UH, DISTRICT NINE, JOHN BUSANTE, DISTRICT FIVE, ALDO ORTIZ, DISTRICT EIGHT. DANIEL KELLUM, DISTRICT ONE, JOHN WHITSETT, DISTRICT 10. TAYLOR WATSON, DISTRICT TWO. JANELLE CHASE MAYOR'S OFFICE. GEORGE OSA. DISTRICT THREE. EDDIE REYES, DISTRICT FOUR. IAN HUIT, DISTRICT SIX. ALL RIGHT, THANK YOU. STAFF. IS THERE A QUORUM PRESENT? A QUORUM IS PRESENT. ALRIGHT. THANK YOU. WOULD EVERYONE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? ALRIGHT, [Zoning Items  ] PRIOR TO COMMENCING OUR HEARING, I WOULD LIKE OUR STAFF TO REVIEW OUR MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE STAFF. THANK YOU MR. CHAIR. BEFORE I BEGIN, PLEASE TURN YOUR PHONES ON VIBRATE OR TURN THEM OFF. THE ZONING COMMISSION IS AN 11 MEMBER BODY APPOINTED BY THE CITY COUNCIL TO MAKE RECOMMENDATIONS ON ZONING CASES UPON RECEIVING A RECOMMENDATION FROM THE COMMISSION. YOU HAVE SIX MONTHS FROM THE DATE OF THE COMMISSION'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 AN X 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 IT UP TO SPEAK FOR OR AGAINST THE PROPOSED REZONING. YOU WILL BE CALLED IN THE ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU WILL 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 YOU MUST YIELD THAT TIME WHEN THEY GO UP TO SPEAK. THOSE THAT ARE GIVING UP THEIR TIME MUST ALS MUST ALSO 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 MR. CHAIR, IF WE COULD PLEASE GO OVER THE LIST, THE LIST OF ITEMS ON THE COMBINED AGENDA. DO YOU WANT ME TO DO THE WITHDRAWAL FIRST? YES. THANK YOU. SO THE ITEM THAT IS WITHDRAWN AND WILL NOT BE HEARD TODAY IS ITEM NUMBER ONE, UH, CASE NUMBER Z 20 23 1 OH 7 MILLION 3 54 CD LOCATED AT 1450 DELGADO STREET. SO AGAIN, THAT ITEM IS WITHDRAWN AND WILL NOT BE HEARD TODAY. NOW ON TO ITEMS ON THE CONSENT AGENDA. WE HAVE ITEMS NUMBER 7 10 14, 15, 16, 17, 18, AND 19. ALRIGHT, COMMISSIONERS, ANY ITEMS THAT REMAIN ON THE COMBINED AGENDA THAT YOU WOULD LIKE TO PULL TO INDIVIDUAL LOOKING LEFT, SEEING NONE, LOOKING RIGHT, SEEING NONE. UM, IF WE COULD PLEASE READ THE COMBINED HEARING NUMBER ONE AND AGENDA INTO THE RECORD PLEASE. I ALSO HAVE TO UH, THERE WAS A POSTPONEMENT THAT WE RECEIVED YESTERDAY FOR ITEM NUMBER NINE. ITEM NUMBER NINE IS POSTPONED. IT ENDS IN, UH, IT'S Z 20 22 0 2 9 [00:05:01] AT 1 5 8 9 5 SOUTH STATE HIGHWAY 16. SO THAT ONE UH, WILL NOT BE HEARD TODAY. ALRIGHT, THANK YOU. SO LADIES AND GENTLEMEN, IF YOU WERE HERE FOR ITEM ONE OR ITEM NUMBER NINE, THOSE ITEMS WILL NOT BE HEARD TODAY AND YOU ARE FREE TO TO LEAVE AND ENJOY THE SAN ANTONIO SPRING WEATHER. UM, AND YOU WILL BE RE NOTIFIED IF AND WHEN ANY ACTION OCCURS ON THAT, ON THAT ITEM. ALRIGHT, IF WE COULD NOW, IF WE COULD, WE'RE ALL CAUGHT UP, IF WE COULD READ THE COMBINED HEARING AGENDA NUMBER ONE INTO THE RECORD PLEASE. ALRIGHT, ITEM NUMBER SEVEN IS A REQUEST IN FOR A CHANGE IN ZONING FROM R FOUR TO R FOUR CD WITH A CONDITIONAL USE FOR FOUR DWELLING UNITS LOCATED AT NINE 50 EAST DREXEL AVENUE. THE APPLICANT APPLICANT HAS SUBMITTED AN AMENDED SITE PLAN FOR REVIEW. 23 NOTICES WERE SENT, ONE RECEIVED IN FAVOR, THREE OPPOSED HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, UM, IS IN SUPPORT OF THE FOUR UNITS AND OUTSIDE 200 FEET. WE RECEIVED ONE IN FAVOR TO AN OPPOSITION FOR ITEM NUMBER 10 IS A REQUEST FOR A CHANGE IN ZONING FROM ID FROM R FOUR TO IDZ TWO WITH USES PERMITTED FOR TWO DWELLING UNITS LOCATED AT 1330 MONTEZUMA STREET. 46 NOTICES WERE SENT, ZERO RECEIVED IN FAVOR, FIVE OPPOSED AND THERE WAS NO RESPONSE FROM THE EL CHARRO NEIGHBORHOOD ASSOCIATION OR HISTORIC WESTSIDE RESIDENTS ASSOCIATION. ITEM NUMBER 14 IS A REQUEST FOR A CHANGE IN ZONING FROM R FOUR S WITH A SPECIFIC USE AUTHORIZATION FOR A MUSEUM TO R FOUR SIDZ WITH A SPECIFIC USE AUTHORIZATION FOR MUSEUM AND A MAJOR SITE PLAN AMENDMENT LOCATED AT 4 0 1 KING WILLIAM STREET. 27 NOTICES WERE SENT. ONE RECEIVED IN FAVOR, ZERO OPPOSED. KING WILLIAM NEIGHBORHOOD ASSOCIATION RECOMMENDS APPROVAL WITH CONDITIONS. ITEM NUMBER 15 IS A REQUEST FOR A CHANGE IN ZONING FROM C TWO CD WITH A CONDITIONAL USE FOR A BILLIARD AND POOL PARLOR WITH FOOD AND ALCOHOL ON THE PROPERTY TO C TWO S WITH A SPECIFIC USE AUTHORIZATION FOR PRIVATE CLUB LOCATED AT 64 36 NORTHWEST LOOP 4 10 16 NOTICES WERE SENT. ZERO RECEIVED IN FAVOR, ZERO OPPOSED AND THUNDER BILL THUNDERBIRD HILLS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. ITEM NUMBER 16 IS A REQUEST FOR A CHANGE IN ZONING FROM MIXED USE WITH A MAXIMUM DENSITY OF 65 UNITS PER ACRE TO C TWO S WITH A SPECIFIC USE AUTHORIZATION FOR A CONVENIENCE STORE WITH GASOLINE FILLING STATION AND GAS TANKS HAVING 50,001 GALLONS OR MORE TOTAL TANK CAPACITY WITHIN 200 FEET OF THE MULTIFAMILY ZONING AND USES LOCATED AT 1 1 3 0 6 EBNER ROAD. THE APPLICANT HAS SUBMITTED AMENDED SITE PLAN FOR YOUR REVIEW. 47 NOTICES WERE SENT. ZERO IS RECEIVED IN FAVOR, ZERO OPPOSED AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. ITEM NUMBER 17, A REQUEST FOR A CHANGE IN ZONING FROM MI ONE TO I TWO LOCATED AT 13 6 10 STATE HIGHWAY 16 SOUTH 18 NOTICES WERE SENT. ONE RECEIVED IN FAVOR, ZERO OPPOSED AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. ITEM NUMBER 18 IS A REQUEST FOR A CHANGE IN ZONING FROM C3 TO C3 S WITH A SPECIFIC USE AUTHORIZATION FOR A CONSTRUCTION CONTRACTOR FACILITY LOCATED AT TEN SEVEN THIRTY HILL POINT DRIVE. 10 NOTICES WERE SENT. ONE RECEIVED IN FAVOR, ZERO OPPOSED AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND ITEM NUMBER 19 IS A REQUEST FOR A CHANGE IN ZONING FROM R FOUR TO MF 30 OR MF 33 LOCATED AT EIGHT 40 H STREET. 46 NOTICES WERE SENT. ZERO RECEIVED IN FAVOR, ZERO OPPOSED AND THERE WAS NO RESPONSE FROM THE SOUTHEAST SIDE NEIGHBORHOOD ASSOCIATION. AND WE DO HAVE PUBLIC COMMENT ON A COUPLE OF THOSE ITEMS. VOICEMAILS OR SPEAKERS OR BOTH SPEAKERS. ALRIGHT IF WE COULD HEAR THE SPEAKERS PLEASE. OKAY. SO FOR ITEM NUMBER 14 WE HAVE SALA DIOP 14 IS RICK WILSON, I THINK IS WHAT THAT SAYS OR ELLISON ON ELSMERE? YES. YES. WOULD YOU LIKE TO COME UP TO SPEAK SIR? I'M IN CASE YOU HAVE YOU SIGNED UP FOR ITEM NUMBER 14? YES SIR. SORRY, I DID . [00:10:04] SIR, CAN YOU TURN ON YOUR MICROPHONE? THANK YOU SO MUCH. THERE'S A BUTTON THERE TO PRESS. THERE YOU GO. APPRECIATE IT. LET ME START OVER. MY NAME'S RICK WILSON, I'M ON THE BOARD OF THE VILLA FINALE MUSEUM AND I JUST WANTED TO COMMENT THAT NONE OF THE PROPOSED CHANGES ARE GOING TO INVOLVE ANY CHANGE IN MISSION, ACTIVITIES OR PURPOSE OF THE MUSEUM. AND IT IS SIMPLY AN ARCHITECTURAL NUANCE RELATED TO ZONING NUANCE RELATED TO UPDATING OUR VISITOR MUSEUM, UH, EXCUSE ME, OUR VISITOR CENTER FOR EXISTING VISITORS THAT ALREADY COME TO THE MUSEUM. SO THERE'S NO SPECIAL BIG ACTIVITY CHANGES PLANNED. ALRIGHT, THANK YOU. THANK YOU. AND NEXT, UH, MR. CHARLES WINDER FOR ITEM NUMBER 16. THANK YOU VERY MUCH. I'M CHARLES WINDER AND I REPRESENT THE ENDOWMENT FOR KA LRN PUBLIC TELEVISION. THIS TRACK OF LAND WAS DONATED TO KA LRN AND WE'RE SELLING IT AND THE MONEY'S GONNA GO TO HELP SUPPORT PUBLIC TELEVISION, SO I APPRECIATE YOUR CONSIDERATION. THANK YOU. ALRIGHT, THANK YOU. AND THAT IS IT FOR PUBLIC COMMENT. ALRIGHT, IS THERE A MOTION BY A COMMISSIONER? MR. CHAIR? I'D LIKE TO MAKE A MOTION TO APPROVE THE FOLLOWING ITEMS. NUMBER SEVEN AS AMENDED. NUMBER 10. NUMBER 14, NUMBER 15, NUMBER 16 AS AMENDED. NUMBER 17. NUMBER 18 AND NUMBER 19. SECOND THAT MR. ALRIGHT, THE MOTION IS FOR PROOF OF ITEMS SEVEN AS AMENDED. 10 14 15 16 AS AMENDED 17, 18 AND 19. MOTION WAS MADE BY, UH, COMMISSIONER WATSON WITH A SECOND BY COMMISSIONER BARROS. ANY DISCUSSION? LOOKING LEFT. SEEING NONE. LOOKING RIGHT. SEEING NONE. ROLL CALL, VOTE PLEASE. COMMISSIONER WATSON? YES. COMMISSIONER BARROS? YES. COMMISSIONER HINOJOSA? YES. COMMISSIONER REYES? YES. COMMISSIONER HUI AYE. COMMISSIONER ORTIZ? YES. COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. COMMISSIONER BUSTAMONTE. AYE. CHAIR S SIPES? YES. OKAY. ITEMS PASS AS AMENDED. ALRIGHT, THANK YOU. UH, LADIES AND GENTLEMEN, IF YOU ARE HERE FOR ANY OF THOSE ITEMS THAT WERE JUST READ INTO THE RECORD, THOSE ITEMS WILL NOW BE PROCEEDING ON TO CITY COUNCIL AND YOU ARE FREE TO ENJOY THE REST OF THE DAY AS WELL. THANK YOU. THANK YOU MUCH. WE ARE NOW GOING TO MOVE ON TO OUR CONTINUANCE HEARING ITEMS FOR CONTINUANCE TO THE MARCH 5TH, 2024 MEETING. ITEM NUMBER FIVE, LOCATED AT 1 33 HICKMAN STREET. AND ITEM NUMBER 13 LOCATED AT 2 0 3 DRAKE AVENUE. AND DID WE HAVE ANY PUBLIC COMMENT ON THOSE ITEMS? WE DO NOT. ALRIGHT. IS THERE A MOTION MR. CHAIR? I'D LIKE TO MAKE A MOTION TO CONTINUE THE FOLLOWING ITEMS TO THE MARCH 5TH HEARING ITEM NUMBER FIVE AND ITEM NUMBER 13. I'LL SECOND THEM. ALRIGHT, THE MOTION IS TO, UH, CONTINUE WITH ITEMS FIVE AND 13 TO THE MARCH 5TH MEETING BY COMMISSIONER WATSON WITH THE SECOND BY COMMISSIONER BARDOS. ANY DISCUSSION? LOOKING LEFT, SEE, AND NONE LOOKING RIGHT. SEE NONE. ROLL CALL, VOTE PLEASE. COMMISSIONER WATSON? YES. COMMISSIONER BARROS? YES. COMMISSIONER OSA? YES. COMMISSIONER REYES? YES. COMMISSIONER HUI AYE. COMMISSIONER ORTIZ? YES. COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. COMMISSIONER BUSTAMANTE. AYE. CHAIR SIPES? YES. ITEMS PASS FOR CONTINUANCE TO MARCH 5TH. ALRIGHT, THANK YOU. AND SO ITEM NINE WAS POSTPONED, SO I BELIEVE WE ARE ONTO THE INDIVIDUAL HEARING. SO ITEM NUMBER TWO, WE COULD HAVE STAFF'S REPORT PLEASE. GOOD AFTERNOON. ANN BEAVIS ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS LOCATED AT 1 8 8 5 4 STONE OAK PARKWAY AND IS A REQUEST TO GO FROM R SIX TO C TWO CDS WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 12 NOTICES SENT WITH ONE RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. AND THE STONE OAK HOMEOWNERS ASSOCIATION IS IN FAVOR. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS. IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE ALIGNS WITH THE ESTABLISHED DEVELOPMENT [00:15:01] PATTERN OF THE SURROUNDING AREA. THE CURRENT R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND THE PROPOSED C TWO CDS COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR A VETERINARY HOSPITAL, LARGE AND SMALL ANIMAL AND SPECIFIC USE AUTHORIZATION FOR A VETERINARY HOSPITAL, LARGE AND SMALL ANIMAL OVER THE EDWARDS RECHARGE ZONE DISTRICT IS APPROPRIATE. THE PROPERTY IS FRONTING A SECONDARY ARTERIAL WITH OTHER COMMERCIAL ZONING AND LAND USE SURROUNDING IT. IT WOULD NOT BE APPROPRIATE TO ESTABLISH A SINGLE FAMILY HOME ON THIS PROPERTY CONSIDERING THE SIZE AND PLACEMENT. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT TO AN ANSWER ANY QUESTIONS AND SAS IS ALSO HERE TO GIVE THEIR PRESENTATION. ALL RIGHT, IF WE COULD HAVE SAS PRESENTATION PLEASE. MIKE ESCALANTE ALS AQUIFER PROTECTION AND EVALUATION SECTION. WE HAVE REVIEWED THE ZONING APPLICATION LOCATED AT 18 8 5 4 STONE OAK PARKWAY ALLOWING FOR A VETERINARY CLINIC. CURRENTLY THE EXISTING VET CLINIC HAS BEEN IN OPERATION SINCE 1997 AND PRIOR TO AND PRIOR TO THE CITY OF SAN ANTONIO ANNEXATION, NO PORTION OF THE SITE IS IN THE FLOODPLAIN. NO NEW CONSTRUCTION IS BEING PROPOSED. THEREFORE THE EXIST EXISTING 65% IMPERVIOUS COVER WILL NOT BE INCREASED. SAS RECOMMENDS APPROVAL WITH ALL ENVIRONMENTAL ENVIRONMENTAL RECOMMENDATIONS WITHIN THE SAS REPORT. THANK YOU. ALRIGHT, THANK YOU. IF WE COULD HAVE THE APPLICANT PLEASE, MR. CHAIR COMMISSIONERS CAROLINE MCDONALD WITH BROWN MCDONALD 100 NORTHEAST LOOP FOUR 10 HERE ON BEHALF OF THE PROPERTY OWNER AND APPLICANT. I DO HAVE A BRIEF, UH, PRESENTATION, BUT I DO WANNA THANK, UH, CITY STAFF AND SAWS FOR HANGING IN THERE WITH US. UH, WE DID SUBMIT THIS LAST SUMMER, UH, AND DID UNDERGO SOME, SOME CLEANUP FOR THE, THE WATER BASIN THAT'S USED BY, UH, THE SURROUNDING PROPERTY OWNERS AND THAT THAT DID TAKE SOME TIME. UM, BUT AS STAFF INDICATED, THIS IS AN R SIX PROPERTY, UH, RIGHT NOW NOT CONSISTENT WITH THE EXISTING VETERINARY HOSPITAL ON SITE. SO WE ARE RESPECTFULLY REQUESTING A REZONING TO C TWO. UH, IT DOES REQUIRE A CONDITIONAL USE, UH, AND A SPECIFIC USE BECAUSE IT IS OVER THE RECHARGE ZONE. UM, AND SO WITH THAT, I WILL RESPECTFULLY REQUEST YOUR APPROVAL UNLESS WE CAN GET IT UP . OKAY. JUST BRIEFLY RUN THROUGH IT. IT'S, IT'S SOUTH OF SONARA AND STONE. OAK PARKWAY. YOU CAN SEE HERE THE R SIX IS INCONSISTENT WITH THE SURROUNDING COMMERCIAL, UH, ZONING DISTRICTS. THERE'S ANOTHER AERIAL, THE LAND USE MAP. WE'RE IN THE NORTH SECTOR PLAN. IT IS REGIONAL COMMERCIAL. HERE IS THE SITE PLAN. UH, AS THEY'RE AN EXISTING USE, THEY DO NOT EXPECT TO EXPAND ANY OF THE EXISTING IMPERVIOUS COVER. WE AGREE WITH SAW STIPULATIONS AND WE HAVE THE, UH, SUPPORT FROM THE STONE OAK, UH, PROPERTY OWNERS ASSOCIATION. SO THAT'S IT. THANKS AGAIN. AND, UH, AGAIN, RESPECTFULLY REQUEST YOUR APPROVAL. THANK YOU. ALRIGHT, THANK YOU. DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM? THERE IS NO PUBLIC COMMENT. ALRIGHT, THANK YOU. THIS IS A DISTRICT NINE CASE, SO COMMISSIONER BARTOS, I BELIEVE THIS IS YOURS. YEAH. UNLESS OTHER COMMISSIONERS HAVE ANY QUESTIONS, I'M READY TO MOVE ON THIS. UM, THIS HAS BEEN IN THE WORKS FOR ALMOST MORE THAN HALF A YEAR, SO I, I'LL MAKE A MOTION AFTER IF, IF COMMISSIONERS. ALRIGHT. ANY QUESTIONS? COMMISSIONERS ON MY LEFT. UM, COMMISSIONERS ON MY RIGHT? NONE. CAN I, OH, I'M, I'M GONNA ASK A QUESTION. SORRY. SO WHAT WAS THE HISTORY OF THIS PROJECT? I MEAN, WHY IF, IF IT'S EXISTING, WHY WAS IT RESIDENTIAL TO BEGIN WITH? I GUESS THAT'S A QUESTION FOR STAFF. I MEAN, WAS IT JUST, UH, BEEN THERE FOREVER AND THEN WAS ANNEXED OR SOMETHING? OR I'M JUST, JUST OUT OF CURIOSITY. IT LOOKS LIKE IT WAS ZONED IN 97, UM, AND THEN IT CONVERTED TO R SIX AND SO IT, IT LOOKS LIKE IT, IT'S JUST ONE OF THOSE ANOMALIES THAT'S BEEN SINGLE FAMILY ACCORDING TO HANSON. UM, BACK IN 98 IT WAS CONSIDERED NON-CONFORMING. SO IT DOES LOOK LIKE THE APPLICANTS ARE WANTING TO REZONE JUST TO UH, MAKE IT CONSISTENT WITH THE USE CLEAN UP. YEAH. OKAY. ALRIGHT. THANK YOU. ALRIGHT. UH, COMMISSIONER BARDOS TO YOU FOR A MOTION? YEAH, I'M HAPPY TO MAKE A MOTION FOR APPROVAL ITEM NUMBER TWO, [00:20:01] ESPECIALLY WITH THE SUPPORT FROM STAFF SA, UH, NEIGHBORHOOD ASSOCIATION. AND OUR COUNCILMAN JOHN KERRY ALSO SUPPORTS THIS, SO I'LL MAKE A MOTION FOR APPROVAL. ALL RIGHT. THERE'S A MOTION FOR APPROVAL. IS THERE A SECOND? I'LL SECOND THAT ALL. UH, MOTION FOR APPROVAL BY COMMISSIONER BARROS. SECOND BY COMMISSIONER KELLUM. RIGHT. OKAY. MAKING SURE. UM, ANY DISCUSSION? LOOKING LEFT. SEEING NONE. LOOKING RIGHT. SEEING NONE. ROLL CALL, VOTE PLEASE. MOTIONS FOR APPROVAL. COMMISSIONER BARROS? YES. COMMISSIONER KELLUM? YES. COMMISSIONER WATSON? YES. COMMISSIONER HINOJOSA? YES. COMMISSIONER REYES? YES. COMMISSIONER HUI AYE. COMMISSIONER ORTIZ? YES. COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER BUSTAMANTE. AYE. CHAIR SIPES? YES. ITEM PASSES. ALRIGHT, THANK YOU. I BELIEVE ITEM THREE IS NEXT. GOOD AFTERNOON. ANN BETA'S ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE IS LOCATED AT 9 2 0 WEST LOOP 1604 AND IS A REQUEST TO GO FROM C TWO TO C TWO S WITH ALL OVERLAYS REMAINING THE SAME. THERE WAS SIX NOTICES SENT WITH ZERO RETURN IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE ALIGNS WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. THE CURRENT C TWO COMMERCIAL DISTRICT IS AN APPROPRIATE FOR THE ZONING FOR AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA, AS IS THE REQUESTED C TWO S COMMERCIAL DISTRICT WITH A SPECIFIC USE AUTHORIZATION FOR A FITNESS CENTER HEALTH CLUB GYMNASIUM NATATORIUM SPORT COURT WITH OUTDOOR USES PERMITTED. THE PROPERTY IS FRONTING LOOP 1604 TO THE NORTH AND IS SURROUNDED BY C TWO COMMERCIAL DISTRICT AND C3 GENERAL COMMERCIAL DISTRICT TO THE EAST AND WEST. THE SITE PLAN PRESCRIBED BY THE SPECIFIC USE AUTHORIZATION PORTION OF THE REQUEST WILL REGULATE VARIOUS DEVELOPMENT ASPECTS SUCH AS BUILDING SIZE AND PLACEMENT, AS WELL AS PARKING DEVIATION FROM THE APPROVED SITE PLAN MAY WARRANT ADDITIONAL COUNSEL CONSIDERATION. STAFF RECOMMENDS APPROVAL THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS AND SAWS IS HERE TO GIVE THEIR PRESENTATION. ALL RIGHT, IF WE HAVE SAS PRESENTATION FOR THIS ITEM, MIKE MIKE ESCALANTE WITH SAS AFER PROTECTION AND EVALUATION SECTION. WE REVIEWED THE ZONING APPLICATION FOR AN OUTDOOR PADDLE BALL COURT FACILITY LOCATED AT NINE 20 NORTH LOOP 1604 WEST. THE 2.47 ACRE SITE IS PARTIALLY DEVELOPED WITH AN OFFICE BUILDING, I'M SORRY, WITH AN OFFICE BUILDING WITH PARKING AREA ON THE NORTHERN PORTION OF THE SITE AND NATIVE TREES WITH VEGETATION ON THE SOUTHERN PORTION. THE SITE IS NOT IN IN THE FLOODPLAIN. A PRESERVED CAVE IS LOCATED NEAR THE EASTERN BOUNDARY AND A SINKHOLE LOCATED NEAR THE WESTERN BOUNDARY. BOTH SENSITIVE GEOLOGIC FEATURES WILL BE PRESERVED IN A BUFFER AREA. THE APPLICANT HAS AGREED TO INSTALL A FENCE AT THE PERIMETER OF THE CAVE BUFFER AREA AND A METAL GRATE COVERING THE CAVE ENTRANCE. SAWS RECOMMENDS APPROVAL WITH ALL THE ENVIRONMENTAL RECOMMENDATIONS WITHIN THE REPORT TO INCLUDE A SUBMITTED SITE PLAN WITH 60% PREVIOUS COVER FOR THE OVERALL 2.47 ACRE SITE. THANK YOU. ALRIGHT, THANK YOU. IF WE COULD HAVE THE APPLICANT PLEASE. IS THE APPLICANT PRESENT? IT DOESN'T LOOK LIKE THEY'RE PRESENT. ALRIGHT, DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM? NO PUBLIC COMMENT. OKAY. UH, TO YOU, COMMISSIONER BARDOS, THIS IS DISTRICT NINE, CORRECT? YES. YEAH, I'LL OPEN IT FOR ANY QUESTIONS. I KNOW THIS HAS BEEN IN THE WORKS FOR ALMOST A YEAR. UH, SO I WILL MAKE A MOTION TO APPROVE ONCE I GET ANY QUESTION FROM COMMISSIONERS. ALRIGHT. ANY QUESTIONS FROM COMMISSIONERS? LOOKING LEFT, SEEING NONE. LOOKING RIGHT, SEEING NONE. ALL RIGHT. BACK TO YOU. COMMISSIONER BARTOS. THANK YOU MR. CHAIR. UM, I'LL MAKE A MOTION TO APPROVE ITEM NUMBER THREE. UH, IT ALREADY HAS STAFF APPROVAL, SOURCE APPROVAL, AND THE COUNCILMAN, UH, OFFICE ALSO APPROVAL. ALRIGHT, IS THERE A SECOND? I'LL SECOND. ALRIGHT. MOTION IS FOR APPROVAL OF ITEM THREE BY, UH, RIGHT. YEAH. ITEM THREE BY COMMISSIONER BARTOS WITH A SECOND BY COMMISSIONER ORTIZ. ROLL. UH, DISCUSSION. LOOKING LEFT. SEEING NONE. RIGHT. SEEING NONE. ROLL CALL, VOTE PLEASE. COMMISSIONER BARROS? YES. COMMISSIONER ORTIZ? YES. COMMISSIONER WATSON? YES. COMMISSIONER HOSA? YES. COMMISSIONER REYES? YES. COMMISSIONER HUEY. AYE. [00:25:01] COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. COMMISSIONER BUSTAMANTE. AYE. CHAIR SIPES? YES. ITEM PASSES ALL. THANK YOU. I BELIEVE ITEM SIX, NO FOUR. ITEM FOUR IS NEXT. GOOD AFTERNOON. ASHLEY LEAL, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FOUR IS GENERALLY LOCATED IN THE 4,000 BLOCK OF GARDENDALE STREET GOING FROM C TWO AND A TO MF 18. THERE WERE 83 NOTICES SENT OUT. ZERO IN FAVOR. THREE OPPOSED? ONE UNOPPOSED. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. THE EXISTING C TWO NA COMMERCIAL NON-ALCOHOLIC SALES DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED MF 18 LIMITED DENSITY MULTI-FAMILY DISTRICT IS ALSO A CONSISTENT ZONING FOR THE PROPERTY AS A SUBJECT. PROPERTY IS SURROUNDED BY A MIX OF DIFFERENT MULTIFAMILY USES, INCLUDING TOWN HOMES AND CONDOMINIUM LOFTS. STAFF RECOMMENDS APPROVAL AND THE REPRESENTATIVE IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU. THANK YOU. WE COULD HAVE THE APPLICANT PLEASE. GOOD AFTERNOON. BACK A LITTLE BIT. I'M VERY LOUD NORMALLY. UM, SO I'M HERE ON, UM, BEHALF OF THE APPLICANT AND THE OWNERS OF THE PROPERTY. AND SO CURRENTLY, UM, THE TOTAL ACREAGE IS 2.1. AND, UM, IT FOR, EXCUSE ME MA'AM, I'M SO, SO SORRY TO INTERRUPT. UH, DO YOU MIND STATING YOUR NAME? OH, I'M SORRY. AND ADDRESS FOR THE RECORD. I'M SO SORRY. ELIZABETH RUSSELL, UM, FOR THE APPLICANT, UM, AND CURRENTLY THE TOTAL ACREAGE OF THE PROPERTY IS 2.1 ACRES, UM, OF WHICH IT'S ZONED COM C TWO COMMERCIAL. THERE'S PLANS FOR A, UM, A WOUND CARE CLINIC ON THE FRONT HALF OF THE, UM, PROPERTY. AND THE OWNERS OF THE PROPERTY WOULD LIKE TO DEVELOP A MULTIFAMILY, UM, ON THE 1.182 ON THE BACK OF THE PROPERTY. UM, 12 UNITS IN TOTAL, SIX DUPLEXES. SO, UM, WE'VE HAD WITH THE HOA, UM, ASSOCIATIONS IN THE AREA AND PART IN PARTICULAR THE WOODS. UM, CONDOMINIUM, THE WOODS CONDOMINIUM IS, UM, HAS EXPRESSED CONCERNS ABOUT, UH, A SETBACK THAT WE, UM, HAVE NOT BEEN ABLE TO UNCOVER IN ANY TYPE OF CNR. SO BASICALLY THERE'S A COUPLE OF DIFFERENT DOCUMENTS THAT ARE RECORDED ON THIS PROPERTY. IT HASN'T BEEN DEVELOPED IN QUITE SOME TIME BECAUSE OF, UM, EASEMENTS AND CCNRS THAT ARE IN PLACE. THOSE ALL ARE SET TO EXPIRE. SOME HAVE ALREADY EXPIRED, SOME ARE SET TO EXPIRE WITHIN THE END OF 2025. BUT IN PARTICULAR, THE WOODS CONDOMINIUM IS EXPRESSED CONCERN ABOUT AN 80 FOOT SETBACK EASEMENT THAT IS CONTAINED NOT ANYWHERE IN THE DOCUMENTATION. THERE IS A 10 FOOT SETBACK EASEMENT THAT WE ARE IN COMPLIANCE WITH. UM, WE'VE REQUESTED, UM, THEM TO PRODUCE THESE DOCUMENTS. WE DON'T HAVE, UM, THEY DON'T HAVE ANYTHING IN WHICH TO SHOW US THIS. IT'S ALL BASED ON MEMORY. AND SO THEY'RE ALSO REQUESTING A CONTINUANCE BECAUSE, UM, OF THEY BELIEVE FAILURE TO RECEIVE NOTICE. UM, WE CONTACTED THE WOODS CONDOMINIUM IN NOVEMBER OF 2023 BY CERTIFIED LETTER AGAIN IN DECEMBER OF 2023. AND MY CLIENTS HAVE BEEN IN SEVERAL OF THEIR MEETINGS TO DISCUSS THESE. UM, THE, THE PLANS TO MOVE FORWARD WITH THE PROJECT. THE PROJECT IS FOR AN UPSCALE TOWN HOME AND CONDOMINIUM FOR, UM, AREA RESIDENT STUDENTS AND DOCTORS. THERE AREN'T AS MANY NEW PROJECTS IN THIS AREA. AND SO THAT WOULD BE THE GOAL FOR THE CREATED PROJECT. UM, WE WOULD REQUEST, UM, AN ORDER WE'D REQUEST TO PROCEED TODAY. WE DON'T BELIEVE ANY TYPE OF CONTINUANCE WOULD RESOLVE ANY ISSUES WITH THE WOODS, HOA CONDOMINIUMS IN PARTICULAR BECAUSE WE DON'T BELIEVE THAT THE SETBACK, THE 80 FOOT SETBACK ACTUALLY EXISTS. UM, WE'RE HAPPY TO WORK THROUGH, THROUGH ANY DISAGREEMENTS WITH THEM AND HAVE ALREADY DONE SO. UM, IN PARTICULAR THE HEIGHT RESTRICTION. UM, THERE WAS CONCERNS OF THE THREE, THE THREE STORY HEIGHT RESTRICTION AND WE PROVIDED, UM, DIAGRAMS TO SHOW THAT OUR, UM, THREE STORY HEIGHT UM, PROPOSAL IS ACTUALLY LOWER THAN THE SURROUNDING CONDOMINIUMS. SO IT WOULDN'T BE ANY UM, TYPE OF ENCUMBRANCE ON THE CONDOMINIUMS IN THE AREA. THERE IS ONE OTHER HOA ASSOCIATION IN THE AREA AND THIS IS THE PICTURE THAT REFLECTS, UM, OUR PROJECT ON THE LEFT AND THE CURRENT, UM, WOODS CONDOMINIUM ON THE RIGHT. OUR PROJECT IS LOWER EVEN AT THE THREE STORY. UM, THE OTHER HOA IN THE AREA IS TURTLE CREEK, UM, THE TURTLE CREEK TOWN HALL, THE TURTLE CREEK TOWN HOMES. WE HAVE NOT BEEN ABLE TO CONTACT THEM WHATSOEVER. WE HAVE, UM, ATTEMPTED TO, ON SEVERAL OCCASIONS WE HAVE CONTACTED FORMER PROPERTY MANAGEMENT COMPANIES THAT HAVE FILED DOC RECORDED DOCUMENTS. UM, IN REGARDS THEY NO LONGER REPRESENT THEM. SO WE CANNOT FIND THE TURTLE CREEK HOA. IF ANYONE HAPPENS TO KNOW HOW TO CONTACT THE TURTLE CREEK HOA, WE'RE HAPPY TO REACH OUT TO THEM AS [00:30:01] WELL BECAUSE, UM, MY CLIENTS WANNA BE A LONGSTANDING MEMBER OF THIS COMMUNITY AND, UM, WORK OUT ANY DISAGREEMENTS THEY MIGHT HAVE PRIOR TO, UM, PROCEEDING WITH THE PROJECT. SO, UM, I ALSO HAVE OUR ENGINEER HERE IN CASE ANYONE HAS QUESTIONS IN REGARDS TO THE SETBACK AND WHAT'S PROPOSED. ALRIGHT, THANK YOU. DO WE HAVE PUBLIC COMMENT ON THIS ITEM? WE DO. WE HAVE TWO SPEAKERS, UH, NOVO NO VOICEMAILS. UM, SO THE FIRST SPEAKER, MS. VICKI CARDIN. I, GOOD AFTERNOON. I'M VICKI CARDIN. I'M THE PRESIDENT OF THE WOODS CONDOMINIUMS ASSOCIATION AND, UM, WE HAVE BEEN WORKING WITH THE OWNER, UM, OF THE PROPERTY AND THEY HAVE BEEN VERY RESPONSIVE. THEY'VE BEEN VERY, UH, INFORMATIVE. THEY'VE PROVIDED US WITH THE, UH, THE, THE PLANS AND THE, THE, UH, DRAWINGS. UH, IF YOU COULD BRING UP THE, WE DO HAVE SOME CONCERNS AND IF YOU COULD BRING UP THE, UM, THE, THE DRAWING OF THE, THE BORDER. THE, WITH THE, JUST THE PLAT? YEAH. NO, NOT THAT ONE. THAT ONE. WE HAVE TWO CONCERNS THAT THE LINE THAT'S ON THIS SIDE, THE BOTTOM LINE THAT IS WITHIN 10 FEET OF THE FRONT DOOR OF FOUR OF OUR UNITS AND THE, YOU SEE THERE'S A LITTLE BOX. YOU SEE THAT LITTLE CUT OUT? MA'AM, MA'AM, YOU'LL HAVE TO SPEAK AT THE SPEAKER AND WE HAVE A POINTER THAT YOU COULD USE. THERE YOU GO. SORRY, I HAVEN'T DONE THIS VERY MUCH BEFORE. SEE THAT LITTLE BOX RIGHT THERE? THE FRONT DOOR TO THE BUILDING IS RIGHT THERE. THAT'S A TRAILER. SO WE HAVE A PROBLEM WITH THAT. WHAT WE'RE ASKING IS, AND VEM, UH, LLC HAS BEEN VERY RESPONSIVE TO US. THEY HAVE, THEY CALLED ME THIS MORNING, THEY SAID, LET'S WORK IT OUT, LET'S FIX IT SO THAT WE'RE HAPPY. I'M THRILLED WITH THAT. WHAT WE WOULD LIKE IS TO HAVE A PROTECTIVE COVENANT, UM, I FORGOT THE WORD FOR IT. UM, RESTRICTIVE COVENANT SO THAT WE KNOW GOING FORWARD THE PROPERTY VALUE OF THE FOUR UNITS THAT ARE ALONG THAT, THAT ARE CLOSEST TO THE FENCE, THOSE UNITS ARE WITHIN LESS THAN, LESS THAN 15 FEET OF THE FENCE. IN FACT, I THINK IT'S CLOSER TO 10 FEET, THE FRONT DOOR. SO WE WANNA MAKE SURE THAT THE PROPERTIES FOR THOSE OWNERS ARE PROTECTED AND IF WE CAN WORK OUT THE DETAILS, WE'RE GOOD TO GO. UH, WE, WE DON'T, THE OWNERS LOOKED AT THE, UM, THE HEIGHT AND, UM, A COUPLE OF OWNERS THAT LIVE ALONG THERE. THEY WERE OKAY WITH THE HEIGHT. UM, WE ARE INTERESTED IN THE, THE, THE SETBACK. SHE'S RIGHT, THE LAWYER IS RIGHT. WE CAN'T FIND ANYTHING BUT THAT, UM, THE, WE DO WANT TO HAVE SOME IN, IN THIS, UH, PROTECTIVE, UH, DOCUMENT, SOMETHING THAT SAYS THERE'S GOING TO BE A SHIELD, SOME KIND OF GREENERY, AND SOMETHING THAT WILL DEAL WITH THE, THE DUMPSTER IN ONE CORNER IN THE TRAILER. AND IF WE CAN FIX THOSE, WHICH I DON'T THINK ARE GONNA BE BIG ISSUES, UM, WE, WE, WE DON'T, WE WOULD NOT OPPOSE IT. WE'RE JUST ASKING FOR MORE TIME IN THEIR DECLARATIONS. IT SAYS WE HAVE 20 DAYS FROM THE, THE PRESENTATION OF THE LAST THING. SO WE'RE ASKING FOR THE, FOR TIME TO WORK IT OUT. OUR, OUR BOARD MEETS TOMORROW AND I HAVE TOLD, UM, UH, VETO THAT, UH, THAT I'LL MEET WITH THEM WHENEVER WE CAN TO GET THIS EXPEDITED. WE JUST WANT THE TIME TO WORK OUT THE DETAILS. THANK YOU. ALL RIGHT, THANK YOU. AND NEXT WE HAVE MR. SAH DIAB. GOOD AFTERNOON, MR. CHAIRMAN. COMMISSIONER. MY NAME IS BU CONSULTANT ENGINEERS AT SIX, UH, AT 35 67 IH 10 WEST. UH, 7 8 2 0 1. UH, WE THE ENGINEER FOR THE PROJECT TO START ANYWAY. WE HAVEN'T STARTED THAT WHERE THE TRAILER IS, IT WAS, IS INTENDED FOR THE FIRE WHEN THE FIRE TRUCKS COMES IN AND GOES OVER TO FOR WHATEVER IN THERE IS TO BACK UP AND GET BACK OUT. SO ABOUT THE TRAILER, I THINK THE OWNER HAS TO ANSWER THAT IF, IS THERE ANY QUESTION WE'LL FIND OUT IN JUST A MINUTE, SO. ALRIGHT, THANK YOU. AND THAT'S, THAT'S IT FOR PUBLIC COMMENT. ALL RIGHT. MS. RUSSELL, WOULD YOU LIKE A SHORT REBUTTAL TIME? YES. [00:35:09] UM, JUST TO ADDRESS SOME OF THE CONCERNS. SO THERE IS THAT THE RECTANGULAR BOX, UM, ON THE EAST SIDE OF THE PROPOSED PLAN, UM, IT'S A, A CLINICAL CLEANING TRAILER THAT'S REQUIRED FOR THE BARIATRIC FACILITY. AND SO THAT TRAILER IS MOVABLE FOR THE FIRE LANE AS DR. DIAB, UM, WAS DESCRIBING TO YOU. BUT, UM, IT IS, IT, IT'S A MOVABLE OB IT'S A MOVABLE BUILDING. I WOULDN'T CATEGORIZE IT AS A TRAILER, UM, BUT I GUESS IT COULD BE. UM, IT IS MOBILE. IT'S A MOBILE CLEANING FACILITY FOR THE CLINIC. UM, AGAIN, YOU KNOW, WE HAVE, WE WANT TO COMPLY WITH ALL OF THE REQUESTS OF ALL OF THE HOAS IN THE AREA. UM, I DON'T BELIEVE THAT THE PROPERTIES ARE WITHIN 10 FEET OF THAT BOUNDARY. UM, TO BE IN 10 FEET WOULD BE IN VIOLATION OF, YOU KNOW, UM, SOME BUILDING ORDINANCES AND CITY CODES OF THE PROPERTY LINE AND AS WELL AS THE CCNRS THAT THEY'VE ALREADY DISCUSSED. IF WE ARE NOT ALLOWED TO BUILD WITHIN 10 FEET, NEITHER ARE THEY. AND SO IT COULD NOT BE WITHIN 10 FEET OF THE BOUNDARY. I DO BELIEVE IT IS FARTHER AWAY THAN THAT. UM, BUT I HAVEN'T SEEN ANY DIRECT EVIDENCE AS TO HOW CLOSE TO THE BOUNDARY LINE THEIR PROPOSED PROJECT IS. BUT AS YOU CAN SEE, UM, I SECOND THE WOODS CONDOMINIUM. AM I TWISTING THIS? NO, NO, IT'S JUST A LITTLE BUTTON ON THE SIDE. YES, THE WOODS CONDOMINIUMS ARE ON THIS SIDE. WE DO HAVE A PROPOSED, UM, 300 FEET OF GREEN SPACE THAT GOES ALL ALONG THIS SIDE AS WELL AS 200 FEET ALONG THIS SIDE. AND THERE'S A 56 FOOT TREE, 56 INCH, I'M SORRY, 56 INCH OAK TREE THAT WE'RE PRESERVING IN THAT AREA AS WELL. I'M NOT EXACTLY SURE WHERE THE OAK TREE IS ON THE DRAWING, BUT THERE IS A PROPOSED GREEN SPACE IN THIS AREA, UM, TO PREVENT, UM, ANYTHING UNSIGHTLY THAT EITHER SIDE OF THE NEIGHBORS WOULDN'T WANT TO SEE. SO, YOU KNOW, IT'S NOT OUR INTENTION FOR EITHER PROPERTY OWNER TO BE CLOSE TO THEIR NEIGHBORS. UM, THE PEOPLE THAT WE'RE SELLING THESE PROPERTIES TO AS WELL ARE NOT GONNA WANNA BE CLOSE TO THEIR NEIGHBORS EITHER. AND SO THIS IS A PLANNED, UM, UPSCALE, UM, TOWN HOME COMMUNITY AND SO WE WOULD NOT WANT TO PROPOSE THAT TO ANY FUTURE RESIDENTS THERE EITHER. SO I DON'T THINK THAT IT IS WITHIN TWO 10 FEET. UM, I HAVE 10 FEET OR AT, FROM THE FRONT GEORGIA FENCE IT'S ABOUT 10 FEET, SO, AND SO THAT WOULD BE IN COMPLIANCE WITH THE SETBACKS BECAUSE IT NEEDS TO BE AT LEAST 10 FEET. AND SO WE WOULD REQUEST THAT YOU, UM, GRANT THE APPLICATION AS, UM, TENDERED AND THAT YOU WOULD OPPOSE ANY TYPE OF CONTINUANCE. UM, I DON'T THINK THIS WOULD BE RESOLVED WITH ANY TYPE OF CONTINUANCE, UM, BECAUSE I DON'T THINK THAT ACT ACTUALLY IS IN ANY TYPE OF VIOLATION. ADDITIONALLY, CCNRS ARE BETWEEN THE PROPERTY OWNERS, YOU KNOW, ZONING IS ABOUT WHETHER OR NOT THIS IS AN APPROPRIATE, UM, TYPE OF USE FOR THIS PROJECT, WHICH, UM, AS YOU CAN SEE THAT IT'S, THANK YOU. ALRIGHT, THANK YOU. THIS IS A DISTRICT DATE CASE, SO COMMISSIONER ORTIZ TO YOU FOR QUESTIONS. YES, THANK YOU CHAIR. UM, ACTUALLY I HAVE A QUESTION FOR STAFF REGARDING THE SETBACK LINE REGARDING CITY CODE. IS IT 10 FEET? IS THAT THE, AND BEING THAT IT'S CHANGING FROM THE ORIGINAL ZONING TO C TWO MFAT, THE 10 FOOT SETBACK WOULD STILL APPLY? CORRECT. THAT IS ACTUALLY THE REAR SETBACK. SO IT'S GONNA BE BASED OFF OF THEIR ADDRESS. SO IF THEY'RE ADDRESSED OFF OF GARDENDALE, THAT PROPERTY LINE THAT ABUTS OR SHARES WITH THE WOOD CONDOMINIUMS, UM, IT ACTUALLY IS CONSIDERED A SIDE SETBACK. AND SO IT WOULD BE FIVE FIVE FEET FIVE FEET, YES. ON, ON EACH SIDE, IS THAT CORRECT? JUST ON THE SIDES. ON THE REAR IT WOULD BE, UM, 10 FEET AND IN THE FRONT IT WOULD BE 20 FEET. OKAY, THANK YOU. AND THEN ELIZABETH, REGARDING THAT TRAILER, SO I GUESS YOU WOULD BE ABLE TO MOVE THAT TRAILER. UM, IT'D BE BECAUSE IT'S, IT'S PORTABLE SO IT'S, IT CAN BE MOVED, IT'S NOT GONNA BE IN THE FIRE LANE OR ANYTHING OF THAT SORT. YEAH, IT'S, IT'S DEFINITELY NOT, I DIDN'T MEAN TO INTERRUPT YOU. IT'S DEFINITELY PORTABLE. YOU KNOW, IF THAT'S GONNA BE AN ISSUE THAT UM, IS GONNA BE A REASON WHY WE WOULDN'T BE ABLE TO MOVE FORWARD WITH THE ZONING APPLICATION, MY CLIENTS ARE MORE THAN HAPPY TO MOVE, UM, THAT TRAILER FACILITY TO A SEPARATE AREA. IS THAT ACCURATE? RC, WE HAVE TO TALK TO CIVIL NUMBER BUT WE CAN RELOCATE THAT. YEAH, I DON'T THINK THAT'S GONNA BE AN ISSUE WHATSOEVER SINCE IT IS MOBILE AND NOTHING'S BEEN CONSTRUCTED YET IS THE OTHER THING. WE HAVEN'T CONSTRUCTED THE FRONT HALF OF THE PROPERTY THAT'S PROPOSED FOR THE CLINIC AND NOTHING HAS STARTED ON THE BACK HALF. SO, UM, IF SOMETHING NEEDS TO BE CHANGED THEN THAT'S ABSOLUTELY DOABLE. AND THEN ANOTHER QUESTION REGARDING THE BUFFER. H HOW MUCH OF A BUFFER ARE YOU GONNA PROVIDE? THAT WAY THERE IS THE NEIGHBORS FROM GARDENDALE AND THEN THE NEW DEVELOPMENT WON'T BE KIND OF SEEING EACH OTHER. SO ON UM, THE LEFT SIDE OF THE PROPERTY, YOU SEE THAT'S ACTUALLY, UM, THERE'LL BE SOME GREEN AREA THAT'S MOSTLY DRIVEWAY. SO THERE'LL BE A BUFFER BETWEEN THAT PROPERTY AND [00:40:01] THE PROPERTY TO THE LEFT, WHICH IS MOSTLY COMMERCIAL. ON THE RIGHT SIDE OF THE BOTTOM HALF, UM, IT'S GONNA RUN THE WHOLE LENGTH, THE GREEN SPACE BOULEVARD AND THE WHOLE LENGTH OF THE PROPERTY. UM, I DON'T KNOW EXACTLY HOW MANY FEET WIDE. WAS THERE A PROPOSAL ON HOW MANY FEET WIDE THE BUFFER WOULD BE BETWEEN THE WOODS AND THE PROJECT? THIS SIDE DOWN HERE, WE WERE TOLD 10 FOOT SET BACK. RIGHT NOW WE HAVE 25 FEET TO THE, UH, TO THE POCKET. RIGHT. SO, BUT I THINK THE SPECIFIC QUESTION IS HOW MUCH GREEN SPACE, IS THAT CORRECT? HOW MUCH GREEN SPACE IS GONNA BE PROVIDED IN? YES, THAT'S CORRECT. SO I THINK 10 FEET. OKAY. WE'LL FILL THE, WE'LL FILL THE AREA WITH THE GREEN SPACE. OKAY. AND THAT'S AND THE HEIGHT RESTRICTIONS. AND THEN I GUESS I'M GONNA SEE, I FILLED SOMETHING ELSE, THE BUFFER. AND THEN REGARDING THE DUMPSTER THAT THEY HAD, CAN THAT BE MOVED OR WHAT WOULD BE THE SOLUTION FOR THAT? SO THAT DUMPSTER COULD DEFINITELY BE, I THINK, MOVED TO THE OTHER SIDE. UM, WE WOULD JUST TAKE SOME OF THE GREEN SPACE THAT YOU, THAT YOU SEE IN THE TOP LEFT CORNER UHHUH AND PUT THE DUMPSTER OVER IN THAT SIDE INSTEAD OF THIS SIDE. SO I DON'T THINK THAT THAT WOULD BE A MAJOR CHANGE. OKAY. AND ON THE OTHER SIDE IS, AND AGAIN IT'S COMMERCIAL ON THE LEFT HAND SIDE, THAT WAS THE NEXT QUESTION. OKAY, PERFECT. OKAY. NO QUE NO MORE QUESTIONS. I'M GONNA ACTUALLY HAVE A QUESTION FOR VICKI. I WANTED TO SEE IF YOU CAN COME UP PLEASE. THANK YOU. THANK YOU SO MUCH. SO HERE AT ZONING WE CAN'T REALLY TALK ABOUT DEED RESTRICTIONS AND PLANT, WE'RE BASICALLY TALKING BASED ON WHAT FITS THE ZONING BASED ON THE INFORMATION THAT THE APPLICANT WAS PROVIDING. DOES THAT WORK FOR YOU TO BE ABLE TO MAYBE CITY COUNCIL'S NOT WITHIN THE NEXT 30 DAYS? SO MY SUGGESTION WOULD BE WITH THEM TO MAYBE MEET WITH YOUR, YOUR BOARD MEMBERS TOMORROW AND THEN SEE IF WE CAN GET TO SOME TYPE OF RESOLUTION BEFORE CITY COUNCIL. WE CERTAINLY HOPE WE CAN DO THAT. OKAY. AND THEN BASED WITH HER MOVING THE DUMPSTER TO THE OTHER LOCATION AND THE BUFFER THAT THEY'RE PROVIDING, WOULD THAT BE ADEQUATE FOR YOU? WELL, THE, THE CONCERN THAT WE HAVE IS THAT ONCE THERE IS APPROVAL, WHAT'S GONNA HAPPEN IF THEY WANT TO CHANGE THEIR DESIGN, WHAT'S GONNA HAPPEN IF THEY DECIDE WHAT'S GOING TO PROTECT OUR HOMEOWNERS AND THEIR PROPERTY VALUE IF WE DON'T HAVE A RESTRICTIVE COVENANT. AND THAT'S WHAT, THAT'S THE PRIMARY THING THAT WE'RE GOING FOR, IS SOME KIND OF RESTRICTIVE COVENANT THAT GUARANTEES THAT WE ARE GOING TO HAVE A CERTAIN AMOUNT OF GREEN SPACE THAT THAT HEIGHT WILL NOT GO OVER. WE'VE HAD ISSUES WITH AN ADJOINING PROPERTY WHERE THEY SAID THEY WERE GONNA DO ALL THIS STUFF AND WE SAID OKAY, IT SOUNDS GREAT, AND WE WENT ON AND THEN EVERYTHING CHANGED AFTER THE ZONING CHANGED. ABSOLUTELY. SO ALL WE'RE ASKING FOR IS TIME TO WORK WITH THEIR ATTORNEY OR THEIR ENGINEERS TO COME UP WITH SOMETHING THAT WE CAN WRITE DOWN THAT'S GOING TO PROTECT OUR OWNERS GOING FORWARD, THEIR PROPERTY VALUES. ABSOLUTELY. OKAY. THANK YOU SO MUCH. YES. UH, ELIZABETH YOU CAN COME UP ONE MORE TIME. THANK YOU. SO MAY I ADDRESS? YES, PLEASE. UM, SO I DON'T THINK IT'S APPROPRIATE USE OF THE ZONING COMMISSION TO CREATE COVENANTS. UM, THERE ARE ALREADY SEVERAL COVENANTS IN PLACE ON THESE PROPERTIES THAT, UM, HAVE BEEN CONTEMPLATED IN THE PAST AND HAVE ACTUALLY PREVENTED THE DEVELOPMENT OF THIS PARTICULAR AREA. I THINK THIS WOULD BE BENEFICIAL FOR THE COMMUNITY AND I DON'T THINK A RESTRICTION ON THE PROPERTY WOULD BE BENEFICIAL. UM, ADDITIONALLY, UM, THERE ARE COVENANTS THAT EXPRESSLY CONTROL THE 10 FOOT SETBACK FROM THE PROPERTY. IT SOUNDS LIKE SHE'S ACTUALLY MAYBE REQUESTING MORE THAN THAT, WHICH I UNDERSTAND, BUT WE DON'T, ARE NOT REQUIRED TO, UM, AGREE TO THAT. AND I DON'T THINK IT'S NECESSARILY, UM, THE BEST USE OF THE ZONING COMMITTEE TO UM, PUT ADDITIONAL RESTRICTIONS IN PLACE THAT AREN'T ALREADY COVENANTED. UNDERSTOOD. I'M NOT, UH, I GUESS MY CONCERN WOULD JUST BE ON THE RECORD TO BASE HER CONCERNS TO BE ADDRESSED BETWEEN NOW TO CITY COUNCIL. OH YES. UM, WE'LL DEFINITELY ADDRESS HER CONCERNS. I KNOW MY CLIENTS HAVE BEEN, UM, PRESENT AT MOST OF THE LAST FEW HOA MEETINGS AND WE'LL CONTINUE THOSE CONVERSATIONS AND, UM, NOTHING THAT WE'RE SAYING, MY CLIENTS WANNA BE MEMBERS OF THIS COMMUNITY FOR A LONG TIME AND YOU BREAK THAT RELATIONSHIP WHEN YOU DON'T DO WHAT YOU SAY. SO A BIG THING THAT WE TALK ABOUT IS NOT OVER PROMISING SO THAT WE'RE MAKING SURE THAT WE DELIVER EVERYTHING THAT WE ARE PROMISING. AND SO EVERYTHING THAT WE HAVE TOLD YOU HERE TODAY, WE ARE GONNA MAKE SURE THAT WE DELIVER BECAUSE OTHERWISE IT BREAKS THAT RELATIONSHIP AND IT DOESN'T HELP ANYONE IN THE COMMUNITY. YOU KNOW, UM, MY CLIENTS HAVE OTHER PROJECTS THAT THEY'VE DEVELOPED IN THIS COMMUNITY AND THEY WANT TO CONTINUE TO DO SO AND BEING ABLE TO TRUST THEM I THINK IS AN IMPORTANT PART OF THAT. ABSOLUTELY. THANK YOU SO MUCH. I HAVE NO MORE FURTHER QUESTIONS. I'M GONNA LEAVE IT OVER TO MY STAFF, UH, FELLOW ZONING MEMBERS. [00:45:01] SORRY TO GO AHEAD AND ANSWER. THANK YOU. ALRIGHT, UH, QUESTIONS? FELLOW COMMISSIONERS, COMMISSIONER? WHAT'S THAT? MY BOSS. UH, , IF YOU COULD GO BACK TO THE SITE PLAN. SO YOU'RE SAYING ALONG THE EAST SIDE, THE BOTTOM SIDE THAT IS A, UH, SOME TYPE OF LANDSCAPE BUFFER. A LANDSCAPE BUFFER, YEP. YES SIR. 300 FEET, UM, 300 FEET FROM THE BOTTOM LEFT. DO YOU KNOW HOW WIDE IT IS? YEAH, SO THE PLAN I THINK IS TO DO A 10 FOOT, UM, LANDSCAPE BUFFER. OKAY. SHOULD, COULD Y'ALL SHOW THAT ON THAT SITE PLAN FOR THEM? WE WILL ABSOLUTELY ADD THAT TO THE RENDERINGS. I THINK THAT WOULD BE APPROPRIATE. OKAY. 'CAUSE IT'S, YOU CAN'T TELL THAT THERE'S ANYTHING PROPOSED THERE RIGHT NOW. YES, ABSOLUTELY. ALL RIGHT. UM, ANY OTHER QUESTIONS? COMMISSIONERS ON MY LEFT. ALL RIGHT, COMMISSIONER ON MY RIGHT. COMMISSIONER HUEY. THANK YOU MR. CHAIR. SO YEAH, I WAS LOOKING AT THE SITE PLAN AND I WAS KIND OF CONFUSED UNTIL I WENT BACK TO THE MAP TO REALLY UNDERSTAND THAT YOU'RE ONLY TALKING ABOUT THE REAR PORTION OF THIS PROPERTY THAT YOU'RE ASKING FOR MF 18? YES. THIS, THIS TOP PORTION RIGHT HERE, THIS BOTTOM PORTION IS ALREADY ZONED C TWO. WELL THE ENTIRE THING IS ZONE C TWO. WE WILL CONTINUE TO USE THIS AS C TWO. WE'RE ACTUALLY ONLY TALKING ABOUT THIS TOP PORTION FOR THE MFA TEAM. THAT'S CORRECT. RIGHT. SO THEN HELP ME UNDERSTAND, DOES YOUR SITE PLAN SHOW 12 UNITS, UM, SIX DUPLEXES, 12 UNITS TOTAL? YES. SO YOU'LL SEE I NEED TO BUY MY OWN MARKER. 1, 2, 3, 4, 5, 6. AND SO SIX SEPARATE, UM, SIX SEPARATE DUPLEXES, 12 UNITS. ALRIGHT. I JUST WANNA MAKE SURE I'M COUNTING RIGHT. YES SIR. THANK YOU. THANK YOU. I DON'T WANNA WALK OFF ANY OTHER QUESTIONS. I KNEW YOU WOULD CHRIS REYES, THEY ALWAYS DO. DON'T YOU DON'T FAIL ME ON THAT. OKAY. I I'M LOOKING AT GOOGLE EARTH. AM I UNDERSTANDING THERE IS A DRAINAGE SWALE ALONG THAT. OKAY. SO YOU CAN'T REALLY BUTT UP TO, OKAY, THAT'S MY, THAT WAS MY QUESTION AND OKAY. THERE IS, UM, A RECORDED DRAINAGE EASEMENT THAT WAS RECORDED BACK IN THE EIGHTIES. IT'S A SEWAGE DRAINAGE EASEMENT. IT'S REFLECTED ON THE SITE PLAN AS WELL. AND YEAH, WE, THERE'S AND WE ACTUALLY ARE HAVE COMMITTED TO, UM, IMPROVE THIS, UM, DRAINAGE EASEMENT AS ONE OF OUR COMMITMENTS TO WOODS CONDOMINIUM. AND SO THERE ISN'T, THERE ISN'T A LOT OF ROOM WE CAN MOVE UP TO THE BOUNDARY. EXACTLY. EVEN IF YOU WANTED TO, THERE'S ALREADY TREES THERE, THERE'S A DRAINAGE SWELL. IT'S, IT'S PRETTY BIG INLET. UH, YES SIR. YEAH. OKAY. THANKS. ALRIGHT, THANK YOU. EXCELLENT QUESTION BECAUSE, UH, AND, UH, ANY OTHER QUESTIONS? COMMISSIONERS? ALRIGHT, UM, EXCELLENT QUESTION BECAUSE I, I THINK THE, THE, THE SITE PLAN IS A LITTLE, UH, MISLEADING ON WHERE BOUNDARIES ARE BECAUSE YOU LOOK AT THE SITE PLAN AND IT LOOKS LIKE IT'S IMMEDIATELY ABUTTING THE ADJACENT PROPERTY. UM, AND SO I WOULD SI WOULD SUGGEST THAT, THAT IF THERE'S AN EASE, A DRAINAGE EASEMENT OR WHATEVER THAT IS, THAT, THAT ALL THOSE, THE ACTUAL PROPERTY LINES AND EVERYTHING ARE, ARE SHOWN, UM, JUST SO THAT THE NEIGHBORS UNDERSTAND WHERE DISTANCES ARE AND WHERE THINGS ARE. UM, BECAUSE TO ME, I, I UNDERSTAND WHERE THE NEIGHBORS ARE COMING FROM BECAUSE IT APPEARS THAT, THAT YOU ARE IMMEDIATELY ADJACENT TO THEIR FENCE. UM, BUT I HAVE A QUESTION FOR STAFF AND THAT'S ON ON WHEN WE TALK ABOUT, UH, BUFFER OR SETBACK, A DRIVE CAN, CAN BE BUILT OR PARKING CAN BE BUILT WITHIN THAT SETBACK WE'RE TALKING, CORRECT? CORRECT. OKAY. ALRIGHT. UM, THERE ACTUALLY ARE SOME DEED RESTRICTIONS ON THE DRIVE THAT WE ARE IN COMPLIANCE WITH. OKAY. OKAY. YEAH, I THINK, I THINK NOT TO GET INTO DISCUSSION TOO EARLY, UM, SO I WON'T, UM, BACK TO YOU COMMISSIONER ORTIZ FOR A MOTION. THANK YOU CHAIR. UM, I GUESS JUST GOING BACK TO, UM, LIKE WHAT YOU, JUST PIGGYBACKING WHAT YOU SAID, JUST GO AHEAD AND MAKE THE CHANGE THE SITE PLAN TO IT TO REFLECT BASICALLY THE BUFFER AND THEN THE CORRECT SETBACK LINE. SO THEN THAT WAY THE NEIGHBORS CAN KNOW THAT, UH, BY THAT TIME THE NEXT CITY COUNCIL MEETING. THANK YOU. OKAY. UM, I'M READY TO MAKE A MOTION WHENEVER YOU'RE READY, CHAIR. THANK YOU. I'M READY. THANK YOU. CHAIR. UM, I DO, I PUT MY NOTES HERE. THANK YOU. UH, THE REQUESTED MF 18 LIMITED MULTI-FAMILY IS CONSISTENT WITH THE FUTURE LAND LOOSE DESIGNATION AND I'LL BE SUPPORTING THE [00:50:01] RECOMMENDATION OF STAFF AND I'LL BE MAKING A MOTION FOR APPROVAL FOR ZONING. CASE ITEM NUMBER FOUR. THANK YOU CHAIR. I'LL SECOND THAT. ALRIGHT, THE MOTION IS FOR APPROVAL OF ITEM FOUR BY, UH, COMMISSIONER ORTIZ WITH THE SECOND BY COMMISSIONER BARTOS. UH, DISCUSSION. COMMISSIONER IS ON MY LEFT. NONE. ALL RIGHT. COMMISSIONERS ON MY RIGHT? NONE. ALRIGHT. UM, I'LL BE SUPPORTING THE MOTION. UM, AND, AND THAT'S BECAUSE I HAVE TO TAKE OFF THE, I HAVE TO LOOK AT THE LAND USE OVERALL VERSUS THE ACTUAL DESIGN OF THE PLAN. UM, BUT I WOULD SUGGEST TO THE APPLICANT THAT, THAT ALL THE EASEMENTS AND ACTUAL PROPERTY LINES AND, UH, ADJACENT FENCES AND ARE ARE SHOWN ALSO THE, THE, THE DUMPSTER I'D MUCH RATHER SEE, EVEN THOUGH IT DOESN'T AFFECT ZONING OR NOT A FUNCTION OF ZONING, BUT I THINK IT'S, UH, BE MORE BENEFICIAL TO HAVE THE DUMPSTER NEXT TO A COMMERCIAL PROPERTY. THEN A, UM, A MULTI-FAMILY PROPERTY. AND I'M SURE TRAFFIC IN THE FIRE MARSHAL WILL BE TALKING WITH Y'ALL ABOUT HAVING ANY SORT OF TEMPORARY STRUCTURE WITHIN A-A-A-A-T HEAD OR SOMETHING WHERE A A FIRE TRUCK IS, IS GOING TO BE POSSIBLY TRYING TO TURN AROUND, BUT THOSE ARE THINGS THAT CAN BE CORRECTED AND ADDED. SO THE MOTION IS FOR APPROVAL BY COMMISSIONER ORTIZ WITH A SECOND BY COMMISSIONER BARROS ROLL CALL. VOTE PLEASE. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER WATSON? YES. COMMISSIONER HINOJOSA? YES. COMMISSIONER REYES? YES. COMMISSIONER HUEY. AYE. COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. COMMISSIONER BUSTAMANTE. AYE. CHAIR SIPES? YES. ITEM PASSES. ALRIGHT, THANK YOU. AND I ENCOURAGE Y'ALL TO CONTINUE YOUR DIALOGUE. UH, ITEM SIX, CORRECT? I BELIEVE IS NEXT. SO STAFF'S PRESENTATION PLEASE. GOOD AFTERNOON. ANN BENAVIDEZ ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER SIX IS LOCATED AT 1 5 1 CORTEZ AVENUE AND IS A REQUEST TO GO FROM R SIX TO C ONE CD WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 49 NOTICES SENT OUT WITH SEVEN RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. THE LAS PAOS NEIGHBORHOOD ASSOCIATION IS OPPOSED AND OUTSIDE 200 FEET, THERE ARE 24 IN FAVOR. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE CURRENT R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED C ONE CD LIGHT COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR A LIQUOR STORE IS ALSO APPROPRIATE. THE PROPERTY OWNER WILL CONTINUE OPERATING THE EXISTING CONVENIENCE STORE AND THE CD CONDITIONAL USE WILL ALLOW THE ADDITION OF A 360 SQUARE FOOT LIQUOR STORE. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS. ALRIGHT, IF WE COULD HAVE THAT APPLICANT PLEASE. GOOD, GOOD AFTERNOON, STAFF. MY NAME IS DAN GONZALEZ AND I'M HERE ON BEHALF OF THE APPLICANT. UM, AGAIN, AS WE'VE DISCUSSED IN PREVIOUS MEETINGS, THE REQUEST TO, UM, OPEN A, UH, SMALL LIQUOR STORE PACKAGE STORE FOR THE LOCATION AND, UH, JUST REQUESTING THE APPROVAL IF, UH, IF GIVEN TO, UH, TO, UM, YOU KNOW, UM, HAVE THE EXPERIENCE OF OPENING A LIQUOR STORE FOR THE APPLICANTS ADDITIONAL REVENUE, BASICALLY. BUT A AGAIN, THEY ALSO COULD, THEY ALSO OPERATE THE CONVENIENCE STORE, SO THEY JUST WISH TO EXPAND, UM, THEIR, UH, THEIR COMMERCIAL USE OF THEIR, OF THE PROPERTY, ESSENTIALLY IT. ALRIGHT, THANK YOU. ANY QUESTIONS? RIGHT. SO I'LL JUST NOTE THAT, UM, THE APPLICANT AMENDED AT THE LAST MEETING AND SO THEY AMENDED TO SEE ONE CD AND THAT IS TO INCLUDE THAT LIQUOR STORE YES. SECTION. AND SO HE WAS COMING BACK WITH THE SITE PLAN. YES. THAT'S WHY WE ARE HERE AGAIN. AGAIN. OKAY, THANK YOU. DO WE HAVE ANY, UH, SPEAKERS OR ANY, ANY PUBLIC COMMENT? WE DO HAVE PUBLIC COMMENT. WE HAVE TWO SPEAKERS SIGNED UP. ALRIGHT, VERY GOOD. WE HAVE THE SPEAKERS PLEASE. FIRST WE'LL HAVE MS. VELMA PENA. GOOD AFTERNOON. UH, MY NAME'S BELMONT PENA. UM, I AM REPRESENTING LAS PALMAS NEIGHBORHOOD ASSOCIATION. THE PRESIDENT CANNOT BE HERE TODAY. UM, I'M ALSO THE PRESIDENT OF MY NEIGHBORHOOD ASSOCIATION, WHICH IS WESTWOOD SQUARE. UH, WE BORDER EACH OTHER. I'M IN THE SOUTH OF CASRE ROAD AND LASAN [00:55:01] IS ON THE NORTH. I'M JUST GONNA READ REALLY QUICKLY THIS LETTER, UH, FROM THE LASAN NEIGHBORHOOD ASSOCIATION IS OUT IN OPPOSITION IN TO A LIQUOR STORE TO PUT A LIQUOR STORE IN THAT, IN THE 1 51 CORTEZ ADDRESS, THE BUSINESS IS LOCATED IN A RESIDENTIAL AREA SURROUNDED BY HOMES. THIS IS A HIGH CRIME AREA WITH EMPTY LOTS AND VAGRANCY. SELLING LIQUOR IN THIS LOCATION WILL JEOPARDIZE THE SAFETY, SAFETY OF ITS RESIDENCE. I ALSO WANTED TO ADD THAT BACK IN OCTOBER, UH, WE HAD A COMMUNITY MEETING WITH THE PROPERTY OWNERS, WITH COMMUNITY BEING PRESENT. THEY PRESENTED THEIR CASE AND, UH, WE CAME TO AS A COMMUNITY, UM, OUR DECISION WAS TO BE IN OPPOSITION TO PUT A LIQUOR STORE RIGHT SMACK IN THE MIDDLE OF A NEIGHBORHOOD. UM, OUR SAFE OFFICERS WERE THERE. WE ALSO ASKED THE SAFE OFFICERS THEIR OPINION, UH, BECAUSE THEY'RE OUT IN THE STREETS, THEY'RE OUT, UM, YOU KNOW, UM, HELPING WITH CRIME AND IT WOULD JUST BE A REALLY BAD IDEA TO PUT A LIQUOR STORE IN THE MIDDLE OF A NEIGHBORHOOD. WE UNDERSTAND THAT, YOU KNOW, THEY ALREADY HAVE A BUSINESS THERE AND I HEARD THAT THEY HAVE, UM, 20, UH, FOUR, UH, SUPPORT LETTERS FROM OUTSIDE THE BOUNDARIES. WHAT THEY DID AT OUR NEIGHBORHOOD ASSOCIATION MEETING THAT WE HAD, THEY TOOK SOME PEOPLE THAT WERE CUSTOMERS. THEY WERE NOT RESIDENTS FROM THE AREA THAT THEY CLAIM, UM, TO BE. SO WE WERE REALLY CONCERNED ABOUT THAT AS WELL. AND UH, AGAIN, YOU KNOW, I ASKED FOR, UH, RESPECTFULLY ASK THAT YOU DENY THIS REQUEST FOR APPROVAL, UH, BECAUSE I THINK IT'LL JUST SET, UH, A MOTION TO MAYBE HAVE OTHER LIQUOR STORES AND OTHER NEIGHBORHOOD ASSOCIATIONS ACROSS THE CITY. UM, I ALSO WANTED TO MENTION THAT, YOU KNOW, WE CAN RECOMMEND THAT THEY PARTNER WITH PROSPER WEST MAYBE TO, THEY CAN RECOMMEND WHERE THEY CAN PUT A LIQUOR STORE ON A CORRIDOR. THERE WAS A COR A LIQUOR STORE ON, UM, GENERAL MCMULLEN, A VERY SMALL LIQUOR STORE, A STRIP THAT THEY HAVE THERE RIGHT NEXT TO HEB. THAT ONE CLOSED DOWN. I DO NOT, DO NOT KNOW WHY IT'S CLOSED DOWN. AND THIS AREA IS A ROUGH AREA AS YOU CAN SEE IN THE PICTURES. UM, THAT'S JUST THE LITTLE AREA RIGHT THERE. BUT YOU REALLY NEED TO SEE THE WHOLE SCOPE OF THE WHOLE NEIGHBORHOOD TO GET, TO GET THE BIG PICTURE AS TO WHERE, YOU KNOW, WE WOULDN'T RECOMMEND THIS. SO AGAIN, THANK YOU SO MUCH AND I RESPECT RESPECTFULLY ASK THAT YOU DENY THIS REQUEST. THANK YOU. ALRIGHT, THANK YOU. NEXT WE HAVE MS, UM, HASINA RIOS. SHE WAS TAKING HER TIME. OH, OKAY. DID YOU NEED THE ADDITIONAL? NO. OKAY. AND THAT IS IT FOR PUBLIC SPEAKERS. ALRIGHT. IF THE APPLICANT WOULD LIKE A CHANCE TO FOR REBUTTAL TO THE SPEAKER'S TESTIMONY? UH, YES. UM, YES, THE LOCATION IS WITHIN AN AREA THAT'S, YOU KNOW, UM, AN OLDER NEIGHBORHOOD OF SAN ANTONIO, OF COURSE. UM, YES, AT ONE TIME THERE WAS A, UH, A, UH, BUSINESS THAT WAS, UH, OFF THE MCMULLEN ROAD, WHICH IS CURRENTLY CLOSED. AND SO THAT'S WHAT GIVE IT GAVE THE IDEA THAT POSSIBLY THEY CAN, UH, EXPAND THE USE OF THEIR COMMERCIAL PROPERTY TO OFFER THAT SERVICE TO THE NEIGHBORHOOD. UM, I UNDERSTAND THE CONCERNS, UH, OF COURSE ANYWHERE, IT COULD BE ANYWHERE IN, IN THE CITY OF SAN ANTONIO. UH, BUT UM, THEY'RE JUST REQUESTING TO SEE IF THERE, UH, BE, UM, GRANTED THE OPPORTUNITY TO DO SO. AND OF COURSE THERE'S ALWAYS THAT POSSIBILITY THAT, UH, IF GRANTED AND GIVEN, UH, THE NEIGHBORHOOD CAN STILL HAVE THE OPPORTUNITY TO REQUEST TO THE ALCOHOLIC BEARS COMMISSION TO REJECT THEIR RENEWAL, UH, FOR ANY, UH, VIOLATIONS THAT MAY HAVE OCCURRED OR, UH, UH, BREACH OF PEACE FOR THE AREA. UH, SO THERE'S THE OPPORTUNITY TO, UH, TO UH, UM, AFTER, AFTER A, UH, SAY A YEAR OR TWO OF, OF PROVIDING THE SERVICE, THEY CAN JUST EASILY, UH, PROTEST THE, UH, RENEWAL OF THE APPLICATION TO NOT ALLOW THEM TO CONTINUE THE USE, UH, AS A LIQUOR STORE. OKAY. SO THERE'S STILL THAT OPPORTUNITY. ALRIGHT, THANK YOU. UH, THIS IS A DISTRICT FIVE CASE, SO TO YOU COMMISSIONER BUSTAMONTE FOR QUESTIONS. THANK YOU MR. CHAIR. UM, CAN WE GET UP THE MAP PLEASE? ACTUALLY, LET ME LOOK AT THE SITE PLAN FIRST. I'M SORRY, IF WE COULD, OKAY, SO I GUESS MOST OF MY QUESTIONS ARE TO STAFF. SO THIS SITE PLAN IS IN CONFORMANCE, WE HAVE AN EXISTING STRUCTURE ON THE, WELL, I GUESS [01:00:01] TECHNICALLY THE EASTERN SIDE, THE BOTTOM, UM, AND THAT ABUTS RESIDENTIAL PROPERTY? CORRECT. OKAY. YES SIR. AND THERE WON'T BE ANY REQUIREMENT FOR THAT TO CHANGE? NO, SIR. THE BUILDING FOOTPRINT'S ALREADY THERE. OKAY. UH, THE LIQUOR STORE, HOWEVER, IS, IS THAT PART OF THE NEW STRUCTURE OR IS IT NOT? IT'S THAT CENTER PORTION THAT'S PROPOSED. IT'S 360 SQUARE FEET. OKAY. IS THERE A BUFFER THERE ON THAT OR IS IT BECAUSE THE FOOTPRINT'S ALREADY ESTABLISHED THAT'S THAT'S FINE AS WELL? CORRECT. OKAY. UH, AND SO THEN WE'RE BACK TO, I THINK WHAT MY FIRST QUESTIONS WERE, WHICH IS IF THIS RENOVATION ENDS UP COSTING MORE THAN 50% OF, OF, UH, THE VALUE OF THE PROPERTY, WOULD THEY HAVE TO CHANGE THAT BUILDING AND COMPLY WITH THE SETBACKS? I IF IT WAS SIGNIFICANTLY DAMAGED? YES, SIR. OKAY. I MEAN, THEY WOULD HAVE TO REBUILD IT TO CURRENT CODE. OKAY. IF IT WAS SIGNIFICANTLY DAMAGED. BUT JUST FOR THE RENOVATIONS THEMSELVES, THAT WOULD NOT REQUIRE CORRECT. THAT WOULD NOT REQUIRE, RIGHT. SO THEY, THEY ACTUALLY HAVE NON-CONFORMING USE RIGHTS RIGHT NOW FOR RETAIL GROCERIES WITH BEER TO GO. UM, AND SO THEY ARE, UM, THEY ARE ALLOWED TO SELL ALCOHOL ON THE PROPERTY, BUT THIS IS A, A DEDICATED 360 SQUARE FEET FOR A, FOR A PROPOSED LIQUOR STORE. ALRIGHT. WITHIN THE SAME STRUCTURE. ALRIGHT. OKAY. I THINK I'VE GOT THAT NOW. ALRIGHT. WHICH BRINGS ME TO, I GUESS MY NEXT QUESTION, WHICH IS WHAT ANALYSIS DID STAFF PERFORM WHEN THEY'RE LOOKING AT A RESIDENTIAL WHICH WOULD NOT BUYRIGHT ALLOW ALCOHOL SALES? WHAT ROLE DID THE ALCOHOL SALES PLAY AS YOU LOOKED TO RECOMMEND APPROVAL ON THIS RESIDENTIAL TO COMMERCIAL CONVERSION? UM, BECAUSE THAT, THAT SEEMS TO BE THE KEY ISSUE. SO I'D LIKE TO KNOW HOW STAFF SORT OF CAME TO THEIR RECOMMENDATION OF APPROVAL. SURE. UM, SO ORIGINALLY, AS YOU KNOW, THIS CASE HAS BEEN IN THE CYCLE SINCE DECEMBER 5TH OF LAST YEAR. AND SO AT THAT TIME, STAFF WAS RECOMMENDING DENIAL WITH AN ALTERNATE RECOMMENDATION AND THAT WAS FOR THE C ONE. AND THEN THEY ADDED THE CD FOR THE CONDITIONAL USE FOR THE ALCOHOL, WHICH IS WHAT, UH, FOR THE LIQUOR STORE, WHICH IS WHAT THEY, UH, WERE TRYING TO ACCOMPLISH. SO, UM, THEY HAVE REDUCED THE INTENSITY OF THE C ONE AND WHEN WE LOOKED AT THIS, THEY DO HAVE A CURRENT NON-CONFORMING, UM, USE OF RETAIL GROCERIES WITH BEER TO GO. SO THEY ARE ALREADY PERMITTED TO SELL ALCOHOL ON THE PROPERTY. SO, UH, DEDICATING A SMALL SPACE THAT'S WITHIN A PRESCRIBED UH, SITE PLAN IS LIMITING THE USE THAT LIMITING THAT ACTIVITY. AND AS A C ONE, IT'S NOW A LIGHT COMMERCIAL USE, SO THAT LIMITS THEM AS WELL. ALRIGHT. I GUESS MS. PENA THEN I HAVE A QUICK QUESTION TO YOU. UM, YES SIR. YOU KNOW, OBVIOUSLY THE BIG ISSUE HERE IS, IS THE SALE OF LIQUOR, RIGHT? CORRECT. BECAUSE WE DO HAVE A CASE WHERE THEY ARE SELLING BEER AND WINE. CORRECT. SO, OH, I DIDN'T KNOW ABOUT, WELL, IT'S JUST BEER OR WINE AS WELL. I DON'T KNOW. SO IT'S IT'S A, IT'S A CONVENIENCE STORE. CONVENIENCE STORE. YEAH. THEY CAN SELL BOTH I THINK TECHNICALLY. RIGHT. AND THEY'VE BEEN THERE FOR OVER EIGHT YEARS. HER, CAN YOU APPROACH THE PODIUM SO WE CAN, AND I'LL, I'LL ASK YOU ABOUT THAT IN A THANK YOU, BUT MS. PENA? YES, SIR. UM, SO, SO TELL ME WHY LOS PALMAS IS CONCERNED ABOUT THAT. WELL, UH, JUST THE FACT THAT WE'VE HAD A LOT OF ISSUES, UH, WITHIN AND WITHIN THE AREA AND THE SURROUNDING AREAS HAVING TO DO WITH CRIME. US BEING AT THE MEETING AS WITH COMMUNITY, UH, AND STAKEHOLDERS OF THE AREA WITH OUR SAFE OFFICERS THERE BEING PRESENT. UH, THEY KNOW THE AREA, YOU KNOW, SO AGAIN, WE'RE, YOU KNOW, WE'RE OPEN FOR PEOPLE TO DO BUSINESSES, BUT WE JUST DON'T WANT 'EM IN THE MIDDLE OF A NEIGHBORHOOD BECAUSE WE HAVE CORRIDORS FOR THAT. AND LIKE I SAID, THE MENTION, THE REASON WHY I MENTIONED PER WEST IS 'CAUSE THEY DEAL WITH SMALL BUSINESSES AND MAYBE THEY CAN, YOU KNOW, PARTNER, UH, GET SOME, UM, RECOMMENDATIONS OR INFORMATION THAT MAYBE COULD HELP THEM. YOU KNOW, THERE'S A LOT OF UH, UH, UM, NON-PROFIT ORGANIZATIONS THAT DEAL WITH, WITH SMALL BUSINESSES THAT CAN TELL 'EM WHERE ELSE THEY CAN PUT A LIQUOR STORE. I HEARD THAT HE SAID THAT IT WAS FOR INCOME AS WELL. UM, YOU KNOW, AGAIN, YOU KNOW, WE'RE TRYING TO PROTECT THE NEIGHBORHOOD AS PRESIDENTS. UH, SIR EVERYONE, WE FEEL THAT WE WANT SAFETY IN OUR COMMUNITY, AND SAFETY HAS BEEN A BIG, VERY ISSUE IN OUR AREA. AND SO, YES, IT CAN, YOU KNOW, IT CAN HAPPEN OR MAYBE DOES, CAN HAPPEN AS FAR AS, YOU KNOW, WHEN A CRIME IS COMMITTED. BUT WHY GET, WHY, WHY DO WE HAVE TO WAIT? I MEAN, FOR THAT TO HAPPEN, YOU KNOW? UH, WE JUST WANNA KEEP [01:05:01] PEOPLE SAFE. I WOULDN'T WANNA LIVE NEXT DOOR, A LIQUOR STORE. I DON'T KNOW IF ANYBODY ELSE WOULD, YOU KNOW, EVEN, UH, WHEN THEY, IT'S JUST NOT A, WE FEEL THAT IT'S NOT APPROPRIATE AS NEIGHBORHOOD ASSOCIATIONS. WE FEEL THAT IT'S NOT AN APPROPRIATE, UH, UH, TO HAVE IN LIQUOR STORE THERE, SIR. THANK YOU. MUST BE ALRIGHT, MR. GONZALEZ. UM, IF YOU COULD GIVE US A LITTLE BIT OF THE BACKGROUND THAT I THINK YOU WERE STARTING TO GIVE REGARDING WELL, UH, THIS CONVENIENCE STORE AND ITS TIME. WELL, I JUST WANTED TO ADD SOME, UH, HISTORY WITH THE APPLICANTS WHO CURRENTLY, UH, RUN THE CONVENIENCE STORE. UH, THEY'VE BEEN THERE FOR SEVERAL YEARS. UH, THEY HAVE YET TO, AND HOPEFULLY NEVER, UH, HAVE ANY VIOLATIONS IN REGARDS TO THE CELL OF ALCOHOL TO MINORS OR ANYONE WHO'S, UM, MAY LOOK, UH, ERE, AATE OR WHAT HAVE YOU. I'M SORRY, , I'M TONGUE TIED THERE. UH, BUT, UH, AS FAR AS THEIR HISTORY WITH TABC, UH, THEY HAVE YET, THEY HAVEN'T HAD A HISTORY OF, UH, VIOLATING ANY RULES IN REGARDS TO THE CELL OF ALCOHOLIC BEVERAGES. AND SO, UM, AND I, I UNDERSTAND THE CONCERNS. I MEAN, I, I'M, I'M FAMILIAR WITH THE AREA, I GREW UP IN THE AREA, BUT THIS IS JUST AN OPPORTUNITY THAT THESE, UH, THAT THE APPLICANTS WISH TO BE GIVEN SO THEY CAN, YOU KNOW, UH, PROVIDE A, A SERVICE TO THE NEIGHBORHOOD, ESSENTIALLY AN ADDITIONAL SERVICE BECAUSE THEY, AGAIN, ALREADY OPERATE THE CONVENIENCE. THEY'RE SELLING BEER AND WINE FOR OFF-PREMISE, UH, CONSUMPTION. AND THEY'LL CONTINUE WITH THE, WITH THE, UH, ADDITION OF A PACKAGE STORE, STRICTLY OFF-PREMISE CONSUMPTION. AND JUST TO ADD, UH, NOT ONLY ARE THE OWNERS OR THE OPERATORS, UM, UH, OF COURSE OPERATING THERE. THEY ALSO LIVE IN THE AREA. UH, THEY RECENTLY MOVED INTO THE AREA, SO TO ALLOW THEM TO STAY ON TOP, UH, AND, AND, AND, UH, BASICALLY GUARD THEIR BUSINESS. SO THEY'RE PART OF THE COMMUNITY ALSO NOW. THANK YOU, MR. GONZALEZ. ALL RIGHT. THANK YOU. ALL RIGHT, MR. CHAIR. UH, NO FURTHER QUESTIONS. ALRIGHT. QUESTIONS FROM OTHER COMMISSIONERS ON MY LEFT? NONE. COMMISSIONERS ON MY RIGHT? NONE. I I HAVE A, A QUESTION OR TWO. UM, I GUESS THE FIRST ONE, THE FIRST ONE IS FOR STAFF AND THAT IS, WOULD YOU KNOW WE'RE TALKING ABOUT A 360 SQUARE FOOT, COULD THE CONVENIENCE STORE EXPAND, JUST EXPAND INTO THAT 360 FOOT WITHOUT ANY CHANGE IN ZONING? WELL, TECHNICALLY THEY WERE ALREADY, OH, NON-CONFORMING. OKAY. RIGHT. I GOT WHAT YOU'RE SAYING. OKAY. NEVERMIND. GOT IT. ALRIGHT. WELL THAT, THAT WAS THE, THE QUESTION I HAD. ALRIGHT, BACK TO YOU COMMISSIONER BUSTAMANTE FOR A MOTION. ALRIGHT, UM, I APPRECIATE EVERYONE'S PATIENCE WITH ME ON THIS CASE. UM, STAFF, IF I COULD GET THE PICTURE NOW OF THE ZONING MAP PLEASE. UM, OH, ACTUALLY I WANTED A MAP THAT GOES A LITTLE FARTHER OUT IF WE HAVE IT, UH, A LITTLE FARTHER. UH, BUT ANY EVENT, I GUESS I'M NOT GONNA GET IT AND I DON'T, I DON'T HAVE THE GIS AND I CAN'T PRESENT IT ANYWAY. UM, YOU KNOW, I THINK THIS IS A HARD CASE BECAUSE THERE IS AN EXISTING USE SELLING ALCOHOL IN THE MIDDLE OF THE NEIGHBORHOOD. UM, THEY'VE BEEN DOING IT. THE OWNERS SEEM TO BE GOOD CORPORATE CITIZENS, GOOD NEIGHBORS, UM, AND, YOU KNOW, THAT WEIGHS VERY HEAVILY TO TRYING TO MAKE SURE THAT BUSINESSES SUCCEED IN OUR COMMUNITY. AND IF I COULD BACK OUT JUST A LITTLE BIT STILL, I WANNA SEE CASTROVILLE ROAD AND MCMULLEN. UM, BUT ULTIMATELY NOW I NEED TO ZONE IN A LITTLE BIT TO SEE THE RED ULTIMATELY, UH, GIVEN THE NEIGHBOR'S CONCERNS AND GIVEN A VERY CLEAR PLAN. AS YOU CAN SEE IN THIS MAP, ALL OF THOSE RED PROPERTIES ARE ALCOHOL RESTRICTED. SO TO CHANGE THIS USAGE, TO ALLOW ALCOHOL SALES, YOU KNOW, THEY STILL HAVE IT TO SELL AS A NON-CONFORMING USE AS THEY GO FORWARD. BUT TO SUDDENLY PICK AS A LAND USE MATTER AND TAKE AN UNRESTRICTED ALCOHOL SALES, APPLY IT IN THE MIDDLE OF A NEIGHBORHOOD WHEN THE CORRIDORS ARE VERY MUCH BLOCKED FROM ALCOHOL, I THINK DOES TOO MUCH FOR THIS LAND USE. AND SO, YOU KNOW, ALTHOUGH IT'S CLOSE, I THINK THAT WEIGHS MOST HEAVILY. AND SO I MOVE, UH, FOR DENIAL OF ITEM NUMBER SIX [01:10:01] SECOND. ALRIGHT, THERE'S A MOTION FOR DENIAL BY COMMISSIONER BUSTA MONTE WITH A SECOND BY COMMISSIONER WATSON. DISCUSSION LOOKING WILL GO RIGHT THIS TIME LOOKING RIGHT. COMMISSIONER EY. THANK YOU MR. CHAIR. I AM GOING TO SUPPORT THE COMMISSIONER BUS'S MOTION. UH, WHAT HE SAID WAS VERY COMPELLING BECAUSE AGAIN, YOU LOOK AT THE CORRIDOR, THE PLAN WAS INTENDED NOT TO HAVE ALCOHOL CELLS IN THE CORRIDOR. AND YET FOR, UH, ZONING TO DECIDE OR TO DETERMINE THAT, YEAH, WE'LL, WE'LL WE'LL PUT ALCOHOL IN THERE OR ALCOHOL LIQUOR CELLS. THAT MAKES NO SENSE TO ME. BUT WHAT MADE THE MOST SENSE TO ME WAS WHAT MS. PENA SAID. IT'S, DO YOU WANT LIVE ACROSS THE STREET FROM A LIQUOR STORE? I DON'T. SO I'LL BE SUPPORTING COMMISSIONER BUSER MONTE'S MOTION. ALRIGHT, THANK YOU. UH, ANY OTHER DISCUSSION? COMMISSIONER'S ON MY RIGHT? NONE. COMMISSIONER'S ON MY LEFT. UM, JUST COMMISSIONER WATSON? UH, YES, OBVIOUSLY I SUPPORT THE MOTION, BUT YOUR COMMISSIONER, I THINK YOUR MICRO MICROPHONE WENT OUT. YES, I DIDN'T PUSH THE BUTTON. I'M, I APOLOGIZE. UH, CORRIDOR REVITALIZATION IS REALLY IMPORTANT AND I THINK, UH, PUTTING AN INTENSE COMMERCIAL USE, ESPECIALLY WHEN RELATED TO UNRESTRICTED ALCOHOL SALES, UM, ESPECIALLY IN ADDITION TO THE PROBLEMATIC, UH, NATURE OF THAT BEING IN A INCREDIBLY RESIDENTIAL SET OF BLOCKS. UM, IF A LIQUOR STORE FAILED ON GENERAL MCMULLEN, I DON'T NECESSARILY, UH, SEE AN ADVANTAGE, UM, FROM EVEN AN ECONOMIC DEVELOPMENT OR CORRIDOR STANDPOINT. UM, FROM TRYING TO PUT THAT KIND OF USE RIGHT IN THE MIDDLE OF RESIDENTIAL, UM, I THINK IT WOULD SET A BAD PRECEDENT, UM, AND NOT ACHIEVE OTHER OUTCOMES. AND, UM, AS SOMEBODY WHO LIVES IN A COMMUNITY WITH A HIGH DENSITY OF CONVENIENCE AND SORT OF NON NEIGHBORHOOD COMMERCIAL, UH, BUSINESSES, IT IS VERY DIFFICULT TO CONTINUE, UM, MAINTAINING SAFETY AND, AND REALLY POSITIVE NEIGHBORHOOD COMMERCIAL DEVELOPMENT WHEN YOU HAVE USES THAT DON'T BENEFIT AREA RESIDENTS OR WORK IN, IN GOOD TANDEM WITH SOME OF THE OTHER, THE OTHER NEEDS ON THE CORRIDOR AND IN THE AREA. SO THAT'S WHY I SUPPORTED THE MOTION. UM, AND, UH, WITH THAT. ALRIGHT, UH, COMMISSIONER BARTOS, I BELIEVE YOU HAD THE PICTURE THAT OUR COMMISSIONER BUSMAN SHOW US. THERE IS VERY, UM, VERY APPEALING VISUAL THAT IS ALREADY APPROVED. BUT THE POINT I WANTED TO MAKE, WHETHER THIS IS DENIED OR APPROVED, THAT, UH, THEY ALREADY HAVE A WINE AND BEER LICENSE FROM TABC. SO IN ORDER TO GET A MIXED DRINKS, UH, UH, ALCOHOL, THEY STILL HAVE TO APPLY FOR A NEW TABC LICENSE. SO IT'S NOT UP TO US TO, UH, TO APPROVE THAT. BUT IT, IT IS A COMPELLING VISUAL THAT, UH, THERE, THERE'S WITHIN TWO BLOCKS AND WE'RE NOT LIMITING THE OWNER TO STOP THE, THE SALES OR BEER AND WINE. SO I WILL SUPPORT, UH, COMMISSIONER BUSANTE. I JUST WANTED TO MAKE THAT POINT. ALL RIGHT, THANK YOU. ANY OTHER DISCUSSION? COMMISSIONER BUSANTE STAFF HAS BROUGHT TO MY ATTENTION THAT I MIGHT HAVE OVER SPOKEN WHEN I TALKED ABOUT THE QUARTERS. WHAT I MEANT TO SAY WAS THAT THERE ARE RESTRICTED ALCOHOL SALES, SO IT'S NOT NECESSARILY IN A, IT COULD BE R BUT NONETHELESS THERE IS AN INTENTION IN THE NEIGHBORHOOD PLAN TO RESTRICT ALCOHOL SALES IN SOME MANNER. AND SO, YOU KNOW, WHETHER OR NOT THAT'S WHAT I MEANT TO SAY. SO WHETHER OR NOT, YOU KNOW IT'S ONSITE OR OFFSITE, IF IT'S NOT IN THE CORRIDORS, I DON'T WANT IT IN THE NEIGHBORHOOD. GOT IT. ALRIGHT. ANY OTHER DISCUSSION? UH OH, COMMISSIONER WHITSETT. I HAVE A QUESTION. UH, ARE WE DENYING THE WHOLE ZONING OR JUST THE SPECIFIC FOR ALCOHOL SALES? SO IT IT'S THE WHOLE ZONING BECAUSE THEY STILL KEEP THEIR PRESENT ZONING AND HAVE NON-CONFORMING USES. CORRECT? IT'S, IT COULD BE EITHER. SO YOU COULD JUST GO WITH A C ONE FOR LIKE COMMERCIAL, UM, BUT THEN THEY STILL HAVE THEIR NONCONFORMING USE FOR THE, YEAH. MR. GONZALEZ, I'LL CALL YOU UP 'CAUSE I'M GONNA GIVE YOU THAT OPTION. YEAH, COME ON UP. COME ON UP RIGHT NOW. COME ON . GOOD. OKAY. UM, WITH THE DECISIONS THAT ARE BEING MADE IN REGARDS TO THE CD, UH, I LIKE TO REQUEST IF, UH, IF THEY CAN RE UH, SIMPLY, UH, REQUEST A C ONE ZONE TO ALLOW THEM TO CONTINUE AND TO DROP THE NON-CONFORMING. OKAY. BECAUSE THE NON-CONFORMING ONLY, UH, REQUIRES THE NON-CONFORMING IS PLACED TO MAKE SURE THAT, UH, YOU KNOW, THAT ALCOHOLIC BEVERAGES ARE CONTINUING. AND OF COURSE, IF THE LOCATION EVER, UH, CEASED TO SELL ALCOHOL WITHIN A 12 MONTH PERIOD, OF COURSE IT LOSES IT'S NON CONFORMING AND IT'S NO LONGER [01:15:01] COMMERCIALIZED. BUT IF IT'S GRANTED AT LEAST A C ONE, THAT'LL ALLOW THEM TO CONTINUE OPERATING UNDER COMMERCIAL, UH, DISTRICT. OKAY. SO, SO IN LIGHT OF THAT, YOU ARE ASKING TO AMEND YOUR APPLICATION NOW TO C ONE STRAIGHT. NO CONDITIONAL USE, CORRECT? NO CONDITIONAL USE. UH, IF THE DECISION HAS ALREADY BEEN MADE IN REGARDS TO THE CD, IT HAS NOT. OKAY. WELL THAT'S WHAT I'M GETTING. . UH, HOWEVER, THERE IS A MOTION AND THERE IS A SECOND. SO I COULD ACCEPT A FRIENDLY AMENDMENT TO DROP THE CD. ANYONE WANT TO GIVE ME THAT? I'LL GIVE YOU A FRIENDLY AMENDMENT TO DROP THE CD. OKAY. I ACCEPT THAT FRIENDLY AMENDMENT. BUT THAT DOESN'T CHANGE YOUR MOTION. YOU STILL MADE A MOTION TO DENY CORRECT? DID OH, SO THAT DOESN'T WORK, ? YEAH, SO, ALRIGHT, LET'S, LET'S VOTE THE GOOD POINT. THANK YOU. UM, ALRIGHT, I'LL STAY UP HERE. . ALRIGHT, SO WE'RE GONNA VOTE ON THE MOTION TO DENY, CORRECT? CORRECT. ALRIGHT. MOTION IS FOR MR. CHAIR? YES, BUT IT'S THE, UM, AMENDMENT. YOU WANNA WITHDRAW? OKAY. YOU CAN WITHDRAW THE MOTION. MR. CHAIR, I WITHDRAW THE MOTION. OKAY, WE'RE STARTING ALL OVER. IT IS NOW ONE O'CLOCK. NO. UM, WE ARE STARTING OVER. SO THE MOTION HAS BEEN WITHDRAWN. COMMISSIONER BUSTAMONTE. NEW MOTION. THANK YOU MR. CHAIR. UH, THE MOTION IS NOW TO APPROVE THE ZONING REQUEST AS AMENDED FOR ITEM NUMBER SIX. THE C. ONE SECOND. ALRIGHT, THERE IS A MOTION AND THERE IS A SECOND DISCUSSION. LOOKING LEFT. LOOKING RIGHT. ALRIGHT. ROLL CALL VOTE. MOTION IS FOR APPROVAL OF C ONE. COMMISSIONER BUSTAMANTE AYE. COMMISSIONER WATSON? YES. COMMISSIONER HINOJOSA. AYE. COMMISSIONER REYES? YES. COMMISSIONER HUI. AYE. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS? YES. COMMISSIONER WHITSETT? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. CHAIR SIPES? YES. MOTION PASSES AS AMENDED. C ONE. ALRIGHT, THANK YOU. ARE WE ON ITEM EIGHT, I BELIEVE? YES. ALRIGHT, ITEM EIGHT. IF WE COULD HAVE STAFF'S REPORT PLEASE. LET'S SEE. I CAN MESS THIS ONE UP. , IS THIS ONE YOURS TOO? YES. OH, GOOD AFTERNOON EVERYONE. KELLY SANDERS, PLANNING COORDINATOR. UM, ITEM NUMBER EIGHT, LOCATED AT 4 21 NORTH MEDINA STREET AND 1232 WEST MARTIN STREET. UM, THEY ARE REQUESTING A CHANGE FROM I TWO TO IDZ TWO WITH USES PERMITTED FOR 48 DWELLING UNITS AND C ONE USES. UM, THE, UM, CURRENT I TWO HEAVY INDUSTRIAL DISTRICT IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. WHILE THERE ARE SOME LIGHT INDUSTRIAL USES IN THE VICINITY FOR THE SUBJECT AREA, THE I TWO HEAVY INDUSTRIAL DISTRICT IS GENERALLY RESERVED FOR AREAS THAT ACCOMMODATE THE HIGHEST INTENSITY. INDUSTRIAL USES THE PROPOSED IDZ TWO WITH A MEDIUM INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR 48 DWELLING UNITS AND USES PERMITTED IN C ONE LIGHT COMMERCIAL DISTRICT IS APPROPRIATE FOR THE PROPERTY GIVEN ITS SIZE AND PLACEMENT WITHIN THE AREA. THE PROPOSED IDZ TWO LIMITS THE DENSITY AND DESIGN TO A SUBMITTED SITE PLAN. THE PROPOSED REZONING REQUEST IS ALIGNED WITH THE STRATEGIC HOUSING IMPLEMENTATION PLAN, WHICH ENCOURAGES DIVERSIFIED HOUSING TYPES TO MEET THE GROWING HOUSING NEEDS OF THE CITY AND ALL INCOME LEVELS. THERE WERE 13 NOTICES SENT. UH, WE RECEIVED ZERO IN FAVOR. ZERO OPPOSED. GARDENDALE NEIGHBORHOOD ASSOCIATION IS OPPOSED AND OUTSIDE 600, OR I'M SORRY, OUTSIDE 200 FEET. WE HAD SIX OPPOSED. UH, STAFF RECOMMENDS APPROVAL AND UM, THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, THANK YOU. NO, THE APPLICANT IS NOT HERE. I APOLOGIZE. ALRIGHT. UM, DO WE HAVE PUBLIC COMMENT THEN? THERE IS NO PUBLIC COMMENT ON THIS ITEM. ALRIGHT, COMMISSIONER BUS DEANTE TO YOU FOR I GUESS, STAFF QUESTIONS. [01:20:05] I DON'T BELIEVE I HAVE ANY STAFF QUESTIONS. UH, HOWEVER, EVEN IF I WOULD LIKE TO GO FORWARD ON THIS PROJECT, I WANT TO HEAR FROM THE APPLICANT, SO UNDERSTOOD. WELL, LET'S, UH, ANY OTHER COMMISSIONERS HAVE QUESTIONS? COMMISSIONERS ON MY LEFT. NONE. COMMISSIONERS ON MY RIGHT? NONE. ALL RIGHT. MOTION. ALRIGHT. UH, MR. CHAIR, AS I MENTIONED, I, I THINK THIS PROJECT IS POSITIVE, BUT NONETHELESS, I THINK THERE ARE ISSUES THAT I WOULD LIKE TO DISCUSS WITH THE APPLICANT GIVEN THEIR ABSENCE. I MOVE FOR A TWO WEEK CONTINUANCE. TWO, THE, UH, MARCH 5TH MEETING. SECOND. ALRIGHT, A MOTION IS FOR A CONTINUANCE TO THE MARCH 5TH MEETING BY COMMISSIONER BUSTAMONTE WITH A SECOND BY COMMISSIONER WATSON. DISCUSSION. SEEING NONE. LOOKING LEFT. SEEING NONE LOOKING RIGHT. ROLL CALL, VOTE PLEASE. COMMISSIONER BUSTAMONTE AYE. COMMISSIONER WATSON? YES. COMMISSIONER HINOJOSA. AYE. COMMISSIONER REYES? NO. COMMISSIONER HUEY AYE. COMMISSIONER ORTIZ? YES. COMMISSIONER BARROS. COMMISSIONER TSET? YES. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. CHAIR SIPES? YES. ITEM PASSES FOR CONTINUANCE TO MARCH 5TH. ALRIGHT, THANK YOU. I BELIEVE ITEM 11 IS NEXT ON THE LIST. GOOD AFTERNOON. VINCENT TINO, SENIOR, UH, ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 11 IS LOCATED AT 55 0 6 WALHAM ROAD, GOING FROM C TWO TO C TWO PS WITH A SPECIFIC USE AUTHORIZATION FOR A CAR WASH WITH ALL OVERLAYS STAYING THE SAME. THERE WERE 15 NOTICES SENT OUT. ONE IN FAVOR, FOUR OPPOSED OUTSIDE. 200 FEET WERE RECEIVED. AND CAMELOT NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET DID NOT RESPOND. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON BURY LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. THE EXISTING C TWO COMMERCIAL DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED C TWO PS COMMERCIAL PEDESTRIAN DISTRICT WITH A SPECIFIC USE AUTHORIZATION FOR A CAR WASH IS ALSO APPROPRIATE. THE SPECIFIC USE AUTHORIZATION WILL ALLOW A CAR WASH TO BE TO AS PRESCRIBED IN THE SITE PLAN. ANY MAJOR CHANGES TO THE SITE PLAN WOULD REQUIRE FURTHER ZONING CONSIDERATION. THE SUBJECT PROPERTY IS SURROUNDED BY COMMERCIAL DISTRICTS AND FRONT AND SECONDARY ARTERIAL MAKING INAPPROPRIATE IN SIZE AND PLACEMENT FOR COMMERCIAL DEVELOPMENT. CONSISTENT WITH THE AREA STAFF RECOMMENDS APPROVAL AND APPLICANT IS AVAILABLE. ALRIGHT, IF WE COULD HAVE THE APPLICANT PLEASE. HI, RUSSELL NELSON, UH, WITH LONE STAR BUILDERS. UM, THANK YOU VINCENT. WE HAVE BEEN WORKING WITH THEM QUITE A BIT TO MAKE SURE WE HAVE A A GOOD PLAN MOVING FORWARD. UH, A COUPLE THINGS I DID WANNA BRING UP, UM, JUST REAL QUICK. SO, UM, THIS IS FOR A QUICK QUACK CAR WASH. UM, THEY ARE ONE OF THE, UH, FASTEST GROWING CAR WASHES IN THE COUNTRY. AND, UM, PART OF THE REASON FOR THAT IS THEY GET REALLY INVOLVED WITH THE COMMUNITY. THEY DO A LOT OF CHARITIES, FUNDRAISING EVENTS, UM, THEY'RE JUST THE KIND OF BUSINESS THAT YOU WANT THERE. UM, WITH, WITH ALL OF THOSE CAR WASHES THEY HAVE, THIS ONE'S A LITTLE BIT UNIQUE. MOST OF THEM ARE GROUND UP CONSTRUCTION WHERE THIS ONE IS A REMODEL. UM, AND SO ONE OF THE THINGS I WANTED TO POINT OUT IS THE ACREAGE ON THIS ONE, WHICH IS 1.6 ACRES, WHICH THAT'S ALMOST EXACTLY DOUBLE WHAT WE NORMALLY LOOK FOR IN A SITE. UM, AND SO WHAT THAT'S GONNA DO WITH, WITH THIS ONE, THIS ONE'S GONNA BE VERY UNIQUE IN THAT WE HAVE ABOUT DOUBLE ON STACKING AND VACUUM STALLS AND EVERYTHING IS IS PRETTY MUCH DOUBLE. UM, SO TRAFFIC IS JUST NOT GONNA BE AN ISSUE. UM, THE ONE ONE UNIQUE THING WITH THIS ONE AS WELL IS, IS YOU'LL SEE HERE WE'RE NOT CHANGING THE BUILDING. THIS IS A CVS, WHICH IS MUCH BIGGER THAN WHAT WE NORMALLY REQUIRE. UM, SO ON THIS ONE IT'S REALLY COOL. WE'RE WE'RE ACTUALLY BUILDING OUT THE TUNNEL ON THE INSIDE OF THE BUILDING. WE'RE JUST GONNA KEEP THE BUILDING AS IT IS. WE'LL REBRAND IT, FRESHEN IT UP, MAKE IT LOOK NICE, UM, BUT THE BUILDING FOOTPRINT WILL STAY THE THE WAY IT IS. AND, UM, YOU'LL SEE THAT THE, THE TUNNEL EXIT IS ACTUALLY, UM, RIGHT HERE WHERE YOU EXIT. WE'RE STILL, WHAT IS THAT, 35 FEET FROM THE, THE BUILDING EXIT. AND THEN THERE'S SOME INTERNAL VACUUMS HERE. WELL, ALL THE, ALL THE NOISE FROM CAR WASHES, THERE'S A LITTLE BIT FROM THE VACUUMS, UM, BUT MOST OF IT IS THE BLOWERS AT THE EXIT OF THE TUNNEL. UM, SO ONE THING, THIS IS POINTED TOWARDS WALLS AND ROAD, UH, WHICH WE USUALLY DO THAT BY DESIGN, JUST POINT THE NOISE TOWARDS THE TRAFFIC. SO THE, THE, THE NOISE BEYOND [01:25:01] OUR SITE BOUNDARY DOES NOT EXCEED THE AMBIENT TRAFFIC NOISE. UM, BUT WITH THIS ONE, THAT ADDITIONAL 35 FEET, THAT'S GONNA REDUCE THE NOISE EXPONENTIALLY. UM, OUR VACUUMS, UH, ONE COOL THING ABOUT, UH, THE QUICK QUACK CAR WAS IS, IS THERE'S JUST ONE SINGLE VACUUM MOTOR THAT'S ENCLOSED IN CMU BLOCK, UH, AT THE END OF EACH ROW. UM, AND THEN, AND WHAT THAT DOES IS THAT JUST REDUCES NOISE A LOT AS WELL. A LOT OF, A LOT OF OTHER CAR WASHES MIGHT HAVE A VACUUM MOTOR AT, AT EACH STALL, UH, WHERE WE JUST ROUTE HOSES, UH, TO EACH OF THOSE. SO, UM, SO THIS ONE IS A LITTLE BIT UNIQUE, UM, FROM WHAT WE WOULD NORMALLY DO. WE DO A HANDFUL OF REMODELS, MAYBE 10 TO 20% OF 'EM, UM, BUT THIS ONE HAS A LOT OF EXTRA SPACE. UH, WE'RE ALSO, UH, GOING TO ELIMINATE THIS ACCESS ONTO WALLS, UM, UH, WHICH WILL HELP WITH ANY TRAFFIC ISSUES NEAR THE, NEAR THE INTERSECTION. SO, UM, WE, WE DID REACH OUT TO, UH, THE NEIGHBORHOOD ASSOCIATION, THE CAMEL UP ONE, AND WE DID HEAR BACK FROM JAMES NOGGLE WHO'S THE INTERIM PRESIDENT. UM, HE HAD, HE HAD A COUPLE QUESTIONS FOR US AND, AND WE RESPONDED TO HIM THOROUGHLY AND WE DIDN'T HEAR ANYTHING BACK AFTER THAT AND BACK IN JANUARY. SO, UM, BUT IT'S IMPORTANT TO US TO BE A, A GOOD NEIGHBOR AND UH, THAT'S HOW OUR BUSINESS THRIVES, IS WE WANT TO BE A GOOD EXPERIENCE FOR OUR CUSTOMERS. SO, UM, YEAH, IF THERE ARE ANY QUESTIONS OR CONCERNS, WE'RE HAPPY TO TO ANSWER THOSE. ALRIGHT, THANK YOU. DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM? THERE'S NO PUBLIC COMMENT. ALRIGHT. THIS IS A DISTRICT TWO CASE. SO COMMISSIONER WATSON, DO YOU FOR, UM, FOR THE APPLICANT, YOU CAN STAY UP HERE PLEASE. OKAY. UM, OUR MAIN CONCERN, UH, IS THAT WE HAVE HAD QUITE A BIT OF CORRESPONDENCE FROM VARIOUS COMMUNITY MEMBERS, SO I WOULD APPRECIATE IT IF YOU COULD ARTICULATE IN GREATER DETAIL WHAT EXACTLY STEPS YOU TOOK FOR COMMUNITY OUTREACH AND ENGAGEMENT WITH MR. NAGEL. YEAH, THANK YOU. UM, SO THE NOTICES WERE SENT OUT, UM, FOR THE, FOR THE REQUIREMENT. UM, JAMES NOGGLE, WE HAVE HERE. I PRINTED OUT THE WHOLE EMAIL CHAIN. UH, ACTUALLY THE, UM, THE HOA PRESIDENT, UH, IT WAS THERE DID PASS AWAY LAST FALL, UNFORTUNATELY, BUT JAMES NOGGLE IS THE, THE INTERIM PRESIDENT. UH, THE, THE, THE, THE QUESTIONS THEY BROUGHT UP WERE SECURITY. UH, THEY DIDN'T WANT RING GOING ON. WE DO HAVE FULL-TIME ATTENDANCE, UH, ON SITE DURING OPERATING HOURS. UH, SO WE'LL HAVE TWO TO THREE EMPLOYEES THERE AT ANY GIVEN TIME. UH, WE ARE OPEN, UH, 7:00 AM TO 7:00 PM IN THE WINTER MONTHS, AND 7:00 AM TO 9:00 PM IN IN THE SUMMER. UM, WE DO HAVE LIGHTING THAT DOES TURN OFF, BUT THERE IS SECURITY LIGHTING THAT STAYS ON, UH, 24 7. THERE'S ALSO EXISTING STREET LIGHTS. I THINK THERE'S TWO HERE AND, AND THREE ALONG HERE, UM, FOR SECURITY. SO WE DID, WE EXPLAINED THAT TO HIM AND, AND, AND, AND HE DIDN'T SAY ANYTHING. WELL, HE DID RESPOND AFTER THAT, BUT DIDN'T SAY ANYTHING ADDITIONAL TO THAT. UH, TRAFFIC. UH, THEY DID MENTION TRAFFIC, WHICH, UM, WE DID RESPOND JUST TO EXPOUND ON THAT A LITTLE BIT THEN TOO. UH, QUICK QUACK LIVES UP TO THEIR NAME OF BEING QUICK. UH, WE HAVE DONE A LOT OF ANALYSIS WITH COM, COMPETING CAR WASHES AND OUR SERVICE TIMES. UM, ONE, YOU SEE, OUR CUSTOMERS WILL COME AROUND HERE AND END OF THE TUNNEL AND WE CAN FIT FOUR OR FIVE IN THE TUNNEL AT A TIME. AND OUR SERVICE TIMES ARE JUST OVER TWO MINUTES WHERE MANY OF OUR COMPETITORS ARE THREE PLUS OR ALMOST FOUR MINUTES TO, TO GO THROUGH THE TUNNEL. THIS IS A CONVEYOR TYPE SYSTEM WHERE YOU PUT YOUR CAR IN NEUTRAL AND IT PULLS YOU THROUGH SO QUICK QUACK INVESTS A LOT INTO THEIR EQUIPMENT SO THEY CAN, UH, IN INCREASE THEIR SERVICE TIME WITHOUT SACRIFICING QUALITY. UH, ANOTHER THING WE JUST STARTED IMPLEMENTING THIS LAST YEAR, WHICH IS AWESOME. UM, SO OUR, OUR BUSINESS MODEL IS, I WOULD SAY MOST, I WOULD SAY MOST OF OUR CUSTOMERS ARE ON A MONTHLY SUBSCRIPTION AND IT'S UNLIMITED CAR WASHES. UH, SO WHAT WE HAVE, RIGHT, SO HERE'S SOME GATES. SO AS CAR AS CUSTOMERS COME INTO OUR STACKING LANES, THERE'S A GATE HERE WHERE THEY'LL BE GREETED BY, UH, ONE OF OUR EMPLOYEES. WELL, RIGHT HERE WE HAVE A LICENSE PLATE READER. SO IF, IF YOU'RE ALREADY A CUSTOMER, THE GATE JUST OPENS UP AND YOU GO RIGHT THROUGH. SO I LOVE IT. IT'S, YOU PULL RIGHT UP, THEY START WALKING OUT TO GREET YOU AND YOU'RE, YOU'RE ALREADY THROUGH BEFORE THEY EVEN GET TO YOUR CAR. SO THAT JUST HELPS WITH THE SERVICE TIME AS WELL. UM, SO TRAFFIC, I MEAN WE'RE, WE TYPICALLY SEE, UH, THE NEED OF ABOUT EIGHT TO 12 STACKING STALLS, UH, WITH THE QUEUING ANALYSIS WE'VE DONE AND TRAFFIC ANALYSIS THAT WE'VE DONE. UM, AND AS YOU CAN SEE HERE, IT, IT SAYS 24 OR WHAT DOES IT SAY? I CAN'T READ THAT FROM HERE. I'M ACTUALLY JUST GONNA PAUSE YOU. UH, RIGHT THERE. OKAY. I THINK, UH, TRAFFIC IS, IT'S NOT AS MUCH A CONCERN, UM, AS GENERAL TYPE FOR THE COMMUNITY. SO [01:30:01] MY FOLLOW UP QUESTION WOULD BE, UM, HAVE YOU PRESENTED TO A NEIGHBORHOOD OR HOMEOWNERS ASSOCIATION MEETING FOR CAMEL AT EAST, LIKE IN PERSON? UH, NO. WE, WE ASKED THEM, WE, WE, WE SENT THEM, UM, A LETTER AS WELL AS AN EMAIL. UM, AND WE SAID WE WOULD BE HAPPY TO MEET WITH THEM IN PERSON AND THEY DID NOT REQUEST THAT. OKAY. UM, YEAH, THAT LETTER. NO FURTHER QUESTIONS. ALRIGHT, QUESTIONS? COMMISSIONERS ON MY LEFT? NONE. COMMISSIONERS ON MY COMMISSIONER REYES? NO, I JUST WANNA MENTION THAT CLOSING THE ACCESS TO WALLUM IS A GOOD IDEA. MAKES IT A LOT SAFER. YEAH, THAT'S IMPORTANT TO US AS WELL. YES, THANKS. ALRIGHT, THANK YOU. I WAS GONNA ASK ARCHITECTURAL QUESTIONS, BUT I'M NOT, WE DON'T NEED TO TALK ABOUT . UH, BACK TO YOU, COMMISSIONER WATSON. UH, I THINK, UH, FEEDBACK THAT WE'VE HEARD FROM COMMUNITY, UM, IS IN GENERAL A CONCERN ABOUT, UH, AN OVER SATURATION OF THIS USE TYPE IN THE AREA. UM, CAR WASHES, CONVENIENCE STORES AND GAS STATIONS HAVE BEEN A CONCERN FOR MANY DISTRICT TWO RESIDENTS. UM, WE HAVE A DEARTH OF NEIGHBORHOOD COMMERCIAL, UM, AS, UH, THE APPLICANT MENTIONED, MENTIONED, UM, THERE, THIS WAS FORMERLY A CVS, UM, AND WE'VE HEARD FROM COMMUNITY THAT, UM, A SIMILAR TYPE OF USE, UH, WOULD BE SOMETHING THEY WOULD PREFER. UM, I REALIZE I'M PROBABLY NOT GONNA GET A TON OF SUPPORT ON THIS, UH, BUT UH, SINCE WE'VE HAD THAT FEEDBACK FROM COMMUNITY, UM, I'M GONNA MAKE A MOTION TO DENY THIS. UM, AND, UH, WITH THAT I WILL, CAN I RESPOND TO THAT DENSITY? UH, NO, YOU CANNOT ? NOT AT THIS TIME, NO. OKAY. SO THERE IS A MOTION FOR DENIAL. IS THERE A SECOND? LOOKING LEFT. LOOKING RIGHT. ALL RIGHT. UH, THERE IS NO MOTION. THERE IS NO SECOND. SO MOTION FAILS. IS THERE AN ALTERNATIVE MOTION? IF NO MOTION IS MADE, THEN UH, THIS WILL COME BACK IN TWO WEEKS. IS THAT CORRECT? YES, SIR. THAT'S CORRECT. ALRIGHT. IS THERE, CAN I MAKE A COMMENT? YEAH, THAT'S FINE. OKAY. UM, BECAUSE THAT IS LIKELY TO OCCUR, I WOULD, WE WILL FOLLOW UP WITH YOU, BUT I WOULD JUST ENCOURAGE YOU TO, UH, ATTEND AN NA OR HOA MEETING, WHICH WE'LL WORK WITH MR. NOGGLE TO TRY TO SCHEDULE. IF YOU GET A LETTER OF SUPPORT, THIS MAY BE A DIFFERENT OUTCOME NEXT TIME. ALL RIGHT. THANK YOU. UH, ALTERNATIVE MOTION. ANY, IF NO MOTION IS MADE, WE WILL COME BACK IN TWO WEEKS. ALRIGHT. SEEING NONE, I GUESS WE'LL SEE YOU IN TWO WEEKS. OKAY. ALL RIGHT. UM, ITEM NUMBER 12, IF WE COULD HAVE STAFF'S REPORT. GOOD AFTERNOON. ANN BETAS ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 12 IS LOCATED AT 1 3 8 0 7 VERDE ROAD AND IS A REQUEST TO GO FROM C TWO NA TO C TWO NACD, AND C TWO AND A CD WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 23 NOTICES SENT WITH ONE RETURN IN FAVOR, ONE RETURN IN OPPOSITION. AND THE EDEN NEIGHBORHOOD ASSOCIATION IS IN FAVOR. STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS AND RELEASE IN RELATION TO THIS ZONING CHANGE REQUEST. THE CURRENT C TWO A COMMERCIAL NON-ALCOHOLIC SALES DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED C TWO A CD, COMMERCIAL NON-ALCOHOLIC SALES DISTRICT WITH A CONDITIONAL USE FOR AN OFFICE WAREHOUSE AND C TWO A CD, COMMERCIAL NON-ALCOHOLIC SALES DISTRICT WITH A CONDITIONAL USE FOR AUTO AND LIKE TRUCK REPAIR IS ALSO APPROPRIATE. THE PROPERTY IS FRONTING A PRIMARY ARTERIAL AND IS ALREADY ZONED FOR MEDIUM INTENSITY COMMERCIAL USES. THE PROPERTY IS SIZED TO ADEQUATELY ACCOMMODATE THE SETBACK AND BUFFER REQUIREMENTS ASSOCIATED WITH THE ABOVE ABUTTING RESIDENTIAL DEVELOPMENT PATTERN. THE PROPOSED CD CONDITIONAL USE PRESCRIBES A DETAILED SITE PLAN THAT WILL ADDRESS VARIOUS DEVELOPMENT ASPECTS SUCH AS THE BUILDING SIZE, PLACEMENT HEIGHT, AND THE LAYOUT OF THE PARKING DEVIATION FROM THE APPROVED DOCUMENT COULD POTENTIALLY WARRANT ADDITIONAL COUNCIL CONSIDERATION. STAFF RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS, AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE PROPERTY LINES THAT ABUT SINGLE FAMILY RESIDENTIAL USES AND A 15 FOOT LANDSCAPE BUFFER ALONG THE PROPERTY LINES THAT ABUT SINGLE FAMILY RESIDENTIAL USES. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS. ALRIGHT, IF WE COULD HEAR FROM THE APPLICANT PLEASE. THANK YOU. GOOD AFTERNOON, MR. CHAIRMAN. COMMISSIONERS NAME IS OKTA VIRAMONTES, 27 19 BRAVO BUSH. UM, [01:35:02] BASICALLY, UH, OUR INTENTION AS MENTIONED IS, UH, TO REMAIN C TWO. HOWEVER, OUR CLIENT HAS FOUND A NICHE WHERE HE HAS OFFICE SPACE WITH SOME WAREHOUSE. A LOT OF THE, UH, TENANTS THAT HE'S BEEN WORKING WITH HAVE USED FOR THAT WAREHOUSE. AND I CAN EXPLAIN BUSINESSES SUCH AS, UM, EVENT PLANNERS THAT HAVE SOME FURNITURE, THAT HAVE SOME, UH, PROPS THAT THEY NEED TO WAREHOUSE SOMEHOW. AND THE OFFICE USE DOES NOT COMPLY WITH THIS. THEY NEED A LITTLE BIT MORE SPACE. ONE OF THE TENANTS THAT WE KNOW THEY'RE GONNA HAVE IS A COMPANY THAT, UH, DOES UH, FIRE ALARM SYSTEMS. SO THEY HAVE THE NEED FOR, UH, SOME DEVICES, SOME PANELS, AND THAT'S THE REASON WHY THEY WILL HAVE, UH, WAREHOUSES. UM, IF I COULD, UH, GO TO THE SITE PLAN JUST TO EXPLAIN THE PROJECT A LITTLE BIT, PLEASE. THANK YOU. SO BASICALLY THE, THE CONDITIONAL USE FOR WAREHOUSE, IT'S IN THE BACK AREA. THIS IS THE FRONT OF THE PROPERTY. THIS IS BER THE AVENUE AND THIS IS THE BACK OF THE PROPERTY. WE HAVE NEIGHBORS, WE HAVE A RESIDENTIAL AREA IN THE BACK THAT I'LL ADDRESS IN A MINUTE. AND WHAT WE'RE ASKING FOR IN THIS AREA IS TO BE ABLE TO HAVE OFFICE SPACE THAT WE ALREADY HAVE THE USE FOR JUST WITH, UH, A LITTLE BIT OF, UH, WAREHOUSE. ANOTHER THING THAT'S BEING ADDED TO THE FRONT OF THE PROPERTY, AND THAT'S WHAT THIS LINE INDICATES, IS THE CONDITIONAL USE FOR, UH, VEHICLE SERVICES. THE USE ALLOWS US TO HAVE OIL CHANGE, UH, TIRE REPAIRS, THOSE SORT OF USES. HOWEVER, WHAT WE'RE ASKING SPECIFICALLY HERE FOR THE CONDITIONAL USE IS FOR A TENANT THAT WILL SERVICE, UH, COLLECTION CARS. THEIR BUSINESS IS EUROPEAN COLLECTION CARS. THERE'S SUPPOSED TO BE SOPHISTICATED CARS THAT NEED, UH, SPECIAL CARE AND THAT WILL BE INDOORS. UM, FROM THE VERY BEGINNING, OUR CONCERN WAS OUR NEIGHBORS. WE KNOW THAT WE'RE NEXT TO A RESIDENTIAL AREA AND THE LEAST WE WANTED TO DO WAS IMPACT OUR NEIGHBORS. SO THE DESIGN, IN A WAY OBEYS TO THAT. WE DID NOT WANT TO CREATE A BIG, UH, WALL FACING THEM AND BLOCKING A VERY NICE VIEW THAT THEY ACTUALLY HAVE. UH, HOWEVER, AS WELL AS THEY DO, OUR CONCERN IS PRIVACY AND SECURITY. FROM THE VERY BEGINNING WE'VE BEEN IN TOUCH WITH THE HOA AND WE'VE HAD, UH, MEETINGS WITH THE COMMUNITY. WE HAVE ALREADY LISTENED TO THEIR CONCERNS AND THEY'RE ALL VALID. BASICALLY IT'S THE SAME. WE WANT PRIVACY AND WE WANT SECURITY. REGARDING PRIVACY, WE ARE PROPOSING THE EIGHT FOOT FENCE AS MENTIONED. WE HAVE ALREADY EVEN DISCUSSED WHAT THE DESIGN IS GONNA BE LIKE SO THAT THE NEIGHBORS, UH, ARE, ARE, ARE AGREEING WITH THE, WITH THE FENCE. ANOTHER THING WE ARE DOING TO ADD TO THE PRIVACY IS WE ARE HAVING A 34 BUFFER, NOT THE 15 THAT WE ARE REQUIRED, BUT WE'RE DOING 30 AND WE ARE GONNA HAVE A GREEN BUFFER. WE ARE GOING TO PLANT TREES THAT ARE CERTAIN AGE SO THAT THAT BUFFER CAN BE IMMEDIATE IN THAT IN A FEW YEARS. UM, SECURITY IS ANOTHER ISSUE THAT THEY HAVE, UH, PRESENTED TO US. AND SECURITY IS ALSO A BIG ISSUE FOR US BECAUSE OF OUR TENANTS AND BECAUSE OF THE TYPE OF BUSINESS WE'RE GONNA HAVE IN THE FRONT. SO, UH, WE'RE DEFINITELY GONNA HAVE SECURITY SYSTEMS TO ADDRESS THIS PROBLEM. WE ARE CONSISTENT WITH THE USE ON THE, ON, ON THE STREET, ON THE, ON THE AVENUE AND, UH, WE'RE DEFINITELY GONNA PROVIDE TO THE NEIGHBORHOOD A MUCH BETTER SOLUTION THAN WHAT, UH, WHAT'S CURRENTLY HAPPENING RIGHT NOW. WE HAVE, WE HAVE, UH, LISTENED TO THEM. THEY HAD A VERY BAD EXPERIENCE WITH THE PREVIOUS OWNER. I KNOW THE PREVIOUS OWNER HAD A DIFFERENT BUSINESSES, BUT THEY WERE NOISY AND I, I THINK AT SOME POINT THEY EVEN HAD VEHICLES THAT THEY USED TO REPAIR AT THE SITE. SO THIS IS DEFINITELY NOT GONNA BE THE SAME. UM, I CAN ASSURE YOU THAT THEY'RE GONNA BE SAFER AND WITH A LOT MORE PRIVACY ONES, WE BUILT THIS THEN WHAT IS CURRENTLY GOING ON. AND WHILE WE, UH, HUMBLY ASK THAT, UH, WE CAN PROCEED WITH THIS, UH, CONDITIONAL USE AND, AND, UH, AND WE'RE STILL OPEN TO ANYTHING THAT THE NEIGHBORS FEEL THAT WE NEED TO ADDRESS SO THAT THEY FEEL COMFORTABLE WITH US AS NEIGHBORS. THANK YOU. ALRIGHT, THANK YOU. DO WE HAVE SPEAKERS OR VOICEMAILS? WE DO. WE HAVE PUBLIC COMMENT. WE HAVE TWO VOICEMAILS AND WE HAVE A SPEAKER. ALL RIGHT. UM, IF WE WOULD PLAY THE VOICEMAILS FIRST, UNLESS, DID THE SPEAKER, DID Y'ALL, OR DID YOU, UH, LEAVE A VOICEMAIL AS WELL? I DID. OKAY. SO I'LL JUST SPEAK AND YOU DON'T HAVE TO PLAY MY YEAH, WE'LL DO THE, WE'LL, SO WE'LL DO THE, I GUESS WE WILL DO THE SPEAKERS FIRST AND THEN WE'LL PLAY A VOICEMAIL. ALL RIGHT. MR. UH, JAMES NATION, IF YOU'D LIKE TO COME UP [01:40:02] AND, UM, YOU'LL HAVE THREE MINUTES GETTING OLD. HECK. OKAY. THE MAIN CONCERN THAT WE HAVE IS, SORRY TO INTERRUPT SIR, CAN YOU JUST SAY YOUR NAME AND YOUR ADDRESS REAL QUICK? SORRY. THANK YOU. MY NAME IS JAMES NATION. MY ADDRESS IS 1 4 1 0 7 BACARO STREET. AND OUR BACKYARD BORDERS, THE BUILD THE WAREHOUSE BUILDINGS, BUILDINGS TWO AND THREE. AND YOU CAN SEE INTO OUR BACKYARD, UH, THERE'S A EIGHT, THERE'S PROPOSING PUTTING UP A EIGHT FOOT PRIVACY FENCE, WELL, A SIX FOOT PRIVACY FENCE. WHEN I'M STANDING ON MY POOL, APRON IS THIS HIGH. SO MY GRANDCHILDREN, MY DAUGHTER, MY KIDS, THEY CAN ALL BE IN THE BACKYARD. WE HAVE A POOL AND ANYBODY THAT'S THERE, OH, HEY, WHAT'S GOING ON? AND THE SANCTITY AND THE PRIVACY OF MYSELF, MY NEIGHBORS PROPERTY AND, AND YARDS. UH, THAT'S, THAT'S OUR CONCERN. UM, I ALSO DON'T THINK THAT THE PROPER RESEARCH WAS DONE INTO THE DRAINAGE THAT COMES FROM OUR NEIGHBORHOOD DOWN A DRAINAGE DITCH ONTO THAT PROPERTY BECAUSE THAT PROPERTY TURNS INTO A LAKE WHEN WE GET RAINS LIKE WE DID A COUPLE WEEKS AGO. SO I WANNA MAKE SURE THE NOISE LEVEL, IF THEY CHANGE THE ZONING ON THIS PROPERTY IS KEPT LOW BECAUSE WHEN SOMEBODY'S WORKING ON THIS PROPERTY, YOU CAN HEAR EVERYTHING. I CAN HEAR LEAF BLOWERS, I CAN HEAR CIRCULAR SAWS, I CAN HEAR THEM DOING ALL KINDS OF STUFF FROM THAT PROPERTY. AND THAT'S WHAT, WHAT GOOD IS THAT OF HAVING THE PRIVACY OF MY HOME. WHEN I'M SITTING IN THE KITCHEN AT THE DINING TABLE AND I HEAR LEAF BLOWERS AND CIRCULAR SAWS GOING ALL DAY LONG, IT'S, YOU KNOW, I'M, I'M NOT HAVING IT. AND THE PEOPLE LOOKING INTO MY BACKYARD AND I'D LIKE TO KNOW IF ON THE ENTRANCE TO THE PROPERTY, WHEN THEY BUILD THIS COMPLEX, IS THERE GONNA BE JUST OPEN WALK IN DRIVE IN THAT WAY? PEOPLE, 'CAUSE THEY COME AROUND AND THEY CAN BE BETWEEN THE BUILDINGS AND THE FENCE TO MY YARD AND YOU KNOW, WHO KNOWS WHO CAN WALK BACK THERE? THERE'S ALREADY OTHER PROPERTIES THAT ARE IN THE AREA THAT SAPD HAD TO COME OUT AND RUN A BUNCH OF HOMELESS PEOPLE OUT OF AN OLD FARMHOUSE. I DON'T, I DON'T WANT IT UNLESS MY ASSURANCES AND IF THEY GET THIS, ARE THEY GONNA, HOW, WHO'S GONNA MAKE SURE THAT THEY KEEP THE PROMISES? THAT WAS YOUR TIME, SIR. THANK YOU. THANK YOU. ALRIGHT, THANK YOU. WERE THERE OTHER SPEAKERS? NO OTHER SPEAKERS. JUST THE VOICEMAIL. OKAY. IF WE COULD TURN THE VOICEMAIL PLEASE. MY NAME IS ELIZABETH RILEY ELA AND I LIVE AT 3 5 5 8 LEBLANC. I AM ONE OF THE THREE PEOPLE THAT THE PROPERTY IS GOING TO BE MOST AFFECTING. AND I KNOW THAT I'VE SPOKE TO MYRTLE AND AFTER READING, UH, THE LETTER THAT JUDY AND DENISE WROTE, I STRONGLY AGREE AND HAVE ALL THE SAME CONCERNS, UH, THAT HAVE BEEN ADDRESSED IN JUDY AND DENISE'S LETTER. AND I AM NOT GOING TO BE ABLE TO MAKE THE MEETING THIS AFTERNOON, UM, THAT, THAT IS KIND OF SHORT NOTICE. I JUST GOT BACK INTO TOWN. UH, BUT IF YOU COULD SUBMIT THIS FOR THE MEETING, I DEFINITELY SUPPORT, UH, WHAT JUDY AND DENISE SAID. AND I HAVE MANY MORE CONCERNS REGARDING THE FENCE AND ALL THE ISSUES POINTED OUT, UH, IN THE LETTER THAT WAS ANYWAY. SO YEAH, I WOULD LIKE TO SUBMIT THAT AND I AM OPPOSED TO THE WAY THAT IT IS WITHOUT FURTHER DETAILS AND HAVING OUR CONCERNS ISSUED SINCE IT IS [01:45:01] DIRECTLY AFFECTING OUR PROPERTY, UH, OTHER PEOPLE IN THE NEIGHBORHOOD ARE NOT GOING TO HAVE TO LOOK AT WHAT WE ARE GOING TO HAVE TO LOOK AT. UH, IT IS THE ENTIRE FACE OF MY BACKYARD. SO I ALSO HAVE THOSE CONCERNS AND, UM, WOULD APPRECIATE THEM BEING LOOKED INTO AND SUBMITTED TO PLAY AT THE MEETING. UH, I WOULD APPRECIATE THAT. THANK YOU VERY MUCH. UM, GOODBYE. AND THAT WAS IT, RIGHT? THAT'S IT. ALRIGHT. UH, IF THE APPLICANT WOULD LIKE A OPPORTUNITY FOR A SHORT REBUTTAL, YES. THANK YOU. UM, TO ME IT SEEMS LIKE THE MAIN CONCERN IS THE, THE FENCE, UH, THE FENCE NEEDS TO BE HIGHER. WE ABSOLUTELY HAVE NO PROBLEM WITH REQUESTING A VARIANCE. ACTUALLY, WE DISCUSSED THAT THE LAST TIME AND ACTUALLY THE LAST TIME WHERE WE DISCUSSED IS THAT THEY WILL EVEN DO THE EXERCISE OR WE'LL DO AN EXERCISE ON SITE TO SEE WHAT'S A DECENT HEIGHT FOR THEM TO, TO GET THE, THE DESIRE, UH, PRIVACY. AND SO WE'RE COMPLETELY ON, ON BOARD WITH THAT. FOR US REALLY DOING A FENCE, I THINK IT WILL BENEFIT BOTH SIDES AND, UH, IF WE NEED TO REQUIRE TO DO THE VARIANCE, WE'RE ALL FOR IT. AS LONG AS, YOU KNOW, WE CAN ALL BE GOOD NEIGHBORS AND, AND THIS, THIS GOES TO A, TO A HAPPY ENDING. ALL RIGHT. THANK YOU. THIS IS A DISTRICT 10 CASE, SO COMMISSIONER WHITIT FOR YOU FOR QUESTIONS. I GUESS MY FIRST QUESTION FOR THE STAFF IS IF THEY DO A TALLER FENCE, HOW TALL CAN THEY GO WITHOUT HAVING TO GO TO THE BOARD OF ADJUSTMENT? THE ONLY, UH, THE, THE HIGHEST THEY CAN GO IS EIGHT FEET. HOWEVER, BECAUSE WE ARE BEFORE THIS, THE COUNCIL MEETING, IF THEY CAN TELL US WHAT THAT HEIGHT IS, IT CAN BE INCLUDED AS PART OF THE REQUEST MOVING FORWARD. SO IF IT NEEDS TO BE HIGHER THAN EIGHT FEET, LIKE 10 FEET, LET'S SAY THEY, WE COULD, UH, INCLUDE THAT AS PART OF THE COUNCIL REQUEST AND IT COULD JUST GET REVIEWED AT COUNCIL RATHER THAN HAVING TO GO TO THE BOARD OF ADJUSTMENT. OKAY. THAT, THAT WOULD BE, DOES THAT SOUND YEAH. YES. THAT SOUNDS COMPLETELY REASONABLE, BUT WE ACTUALLY EVEN DISCUSSED 10 FEET IF, IF NECESSARY. SO YEAH. WE'RE, WE'RE ON BOARD WITH THAT. YES, SIR. I GUESS I HAVE A QUESTION FOR MR. NATION AND, AND THE NEIGHBORS. UH, WILL THAT BE ACCEPTABLE TO YOU TO WORK WITH HIM ON THE, UH, FENCING ISSUE? YES, SIR. I THINK IT AS LONG AS LONG AS THE, THE, THE NOISE, SIR, YOU'LL HAVE TO COME TO THE PODIUM PLEASE, BECAUSE WE RECO RECORD. THERE WE GO. UH, AS AS LONG AS YOU KNOW, THE NOISE AND PRIVACY IS ACCEPTABLE, THEN I DON'T HAVE A PROBLEM. BUT WE WANNA MAKE SURE THAT THERE'S AN ASSURANCE AND THAT THINGS DON'T CHANGE ALL OF A SUDDEN AT THE LAST MINUTE. SEEMS TO ME THE NOISE IS, UH, CONTROLLED BY THE CITY IN THAT CASE. UM, I WOULD RECOMMEND THAT THEY MOVE FORWARD SUBJECT TO WORKING OUT A DEAL, UH, PRIOR TO THE CITY COUNCIL MEETING ON A FENCE HEIGHT THAT YOU'LL NEED TO, UH, FIND ACCEPTABLE BETWEEN THE TWO OF Y'ALL. YES, SIR. PERFECT. SO IN THAT, IN THAT CASE, I WOULD MOVE THAT WE, UH, MOVE FORWARD WITH THE, UH, ZONING CASE AS LISTED, BUT WITH AN, I GUESS AN AMENDMENT OR A SOMETHING SUBJECT TO, UM, AN AGREEMENT COUNCIL. SUBJECT TO IT COUNCIL, RIGHT? A CERTAIN VINCE, HE, YES. MM-HMM, . ALL RIGHT. BEFORE WE DO THAT, WERE THERE ANY OTHER QUESTIONS? COMMISSIONER BUSTAMONTE. THANK YOU. AND, AND THIS IS JUST TO MAKE THIS CLEAR AND I THINK HOPEFULLY FOR MR. NATION'S BENEFIT, UM, BECAUSE THIS IS A CD, THAT EXTRA FENCE HEIGHT LISTED ON THE SITE PLAN IS ENFORCEABLE BY THE CITY AND WOULD BE PART OF THE CON WOULD BE REQUIRED DURING THE CONSTRUCTION, CORRECT? THAT'S CORRECT. SO THAT WILL, THAT WILL BE ENFORCED THAT WAY. ALRIGHT. YES. ALRIGHT. ANY OTHER QUESTIONS? LOOKING LEFT. UH, COMMISSIONER HUEY? THANK YOU MR. CHAIR. UH, A, A QUESTION FOR THE APPLICANT, PLEASE? YES, SIR. FOR YOUR BUILDINGS. UH, NUMBER ONE AND NUMBER TWO, DO YOU HAVE ANY WINDOWS THAT FACE, UH, THE REST, THE, THE HOUSES BEHIND? I'M SORRY, I, I DIDN'T UNDERSTAND. OKAY. UH, FOR BUILDINGS NUMBER ONE AND NUMBER TWO, DO YOU INTEND TO ANY WINDOWS [01:50:01] THAT FACE THE BACK NEIGHBORS? OH, NO, NO, NO, NO, NO. EVERYTHING FACES TOWARDS THE PARKING LOTS. NOTHING TO THE HOUSES. YES SIR. ALRIGHT, THANK YOU. YEAH. ALRIGHT, ANY OTHER QUESTIONS? COMMISSIONERS ON MY RIGHT? NONE. ALL RIGHT. UM, ALRIGHT. COMMISSIONER WHITSETT TO YOU FOR THE OFFICIAL MOTION. OKAY, A COUPLE COUPLE THINGS BEFORE THE, THE MOTION HAPPENS, UM, ONE, WE SHOULD GO AHEAD AND SET A SPECIFIC HEIGHT. SO MAYBE UP TO 10 FEET. UM, THAT COULD ALWAYS, IF THAT NEEDS TO CHANGE, IT CAN, BUT WE NEED SOMETHING STATED FOR THE RECORD. SECONDLY, STAFF, UM, RECOMMENDED THIS WITH CONDITIONS. ONE WAS A FENCE FOR CERTAIN BETWEEN, UM, THE U PROPOSED USES AND THE ANYTHING THAT WAS RESIDENTIAL THAT IT ABUTTED. AND THEN, UM, THE OTHER CONDITION WAS ABOUT THE BUFFER YARD. SO IF YOU'RE ACCEPTING THOSE AS WELL, YOU'LL NEED TO TO NOTE THOSE AS WELL. DO YOU THINK UP TO 10 FEET IS ADEQUATE OR SHOULD THERE 12 THAT ONE HAVE TO COME BACK? THAT THAT'LL BE UP TO HIM? CAN, CAN I ASK A QUESTION? SO LET'S, LET'S SAY WE AGREE ON 10, BUT THEN WE REALIZE ONE MORE FOOT OR ANOTHER IT'S NECESSARY. WILL WE HAVE TO LIKE REQUEST A VARIANCE OR WHAT WILL HAVE TO HAPPEN? IT'S STILL GONNA BE A VARIANCE REQUEST, BUT IT'S MOVING FORTH FORWARD TO COUNCIL. SO THAT'LL BE A, BE A DETAIL THAT WILL BE WORKED OUT BEFORE THE MEETING. I WANNA EMPHASIZE THAT THE GREEN BUFFER IS GONNA HAVE TREES. WE'RE NOT GONNA PLANT SMALL TREES. WE'RE PLANTING BIG TREES AT LEAST 15 FEET IN HEIGHT AND, AND WE'RE PLANNING SPECIES THAT CAN GROW FAST. RIGHT? AND, AND SO WE JUST NEED YOU TO STATE THAT YOU ARE AGREEABLE TO THE AMENDMENT. I'M SORRY. YES. I AGREE WITH THE AMENDMENT OF THE 10, UH, UH, UP TO 10 FEET, LIKE YOU MENTIONED. YES MA'AM. FOR THE FENCE? YES SIR. AND THE BUFFER IS GOING FROM 15 TO 30 'CAUSE Y'ALL RECOMMENDED 15 AND YOU ALL HAVE PUT ON YOUR SITE PLAN OF 30. THAT IS CORRECT. WE HAVE. SO YOU'RE AN AGREEABLE YES SIR. TO MAKE IT A 30 FOOT BUFFER ON THE SITE PLAN? YES SIR. WE AGREE ON THAT. PERFECT. NOW YOU'VE CLARIFIED, SO THAT COVERS OUR TWO. YES SIR. AND JUST HOLD, WAS THERE ANOTHER QUESTION ON, DO YOU WANT TO HAND THE MICROPHONE? I'LL BE REAL QUICK AND I WANTED TO MAKE SURE OF THAT. THE HOURS OF OPERATION WHERE THEY'RE DOING BUSINESS IN A, A LIGHT TRUCK REPAIR SHOP OR WHATEVER, OR TIRE SHOP, UH, THAT IT'S EIGHT TO FIVE OR NORMAL BUSINESS HOURS AND THEY'RE NOT WORKING LATE OVER TILL MIDNIGHT OR SOMETHING LIKE THAT. RIGHT UP BY A RESIDENTIAL AREA. ARE YOU TALKING ABOUT SPECIFICALLY ON THE FRONT ZONING? ON OR ON THE WHOLE SITE? ON THE, ON THE BACKSIDE BUILDING. WHERE ORIGINALLY WE WERE TOLD THAT IN, IN A BUILDING THEY WERE GONNA PUT A LIGHT TRUCK IN REPAIR SHOP. I DON'T WANT THEM, YOU KNOW, WORKING ALL HOURS OF THE NIGHT AND HEARING IT. THAT'S APPLICANT. UH, PLEASE. YES. FROM FIRST I WANNA CLARIFY THE, THE LIGHT TRUCK. UH, WE'RE TALKING ABOUT CARS REALLY, AND THEY HAVE TO BE CLOSED DOORS. THOSE CARS NEED TO BE INSIDE, NOT, NOT OUTSIDE. IT'S NOT GONNA BE, UH, THE TYPICAL SHOP THAT HAS A LOT OF CARS LAYING AROUND AND THEY'RE WORKING ON IT. SO FIRST OF ALL, ANY NOISE SHOULD BE ENCLOSED DOORS. UH, SECOND. YES. FROM THE VERY BEGINNING WE SPOKE ABOUT BUSINESS HOURS. YES. BUSINESS HOURS. BUSINESS DAYS. NO. SUNDAYS, NO HOLIDAYS, NO. LIKE, LIKE HE STATED VERY WELL. MIDNIGHT WORK. NO SIR. SO ARE WE INCORPORATING BUSINESS HOURS INTO THIS ALSO? YOU CAN, YES SIR. BUT WE NEED SPECIFIC DAYS AND TIMES. IS IS THAT SOMETHING YOU'RE WILLING TO DO AS THE APPLICANT TO INCORPORATE SPECIFIC DAYS AND HOURS? YES. YES, DEFINITELY. OKAY. AND WHAT I, I THINK ANY BUSINESS HOUR IS LIKE MONDAY TO SATURDAY, UH, DURING WEEKDAY. SAYS WHAT? NINE TO SIX WILL BE NINE, EIGHT TO SIX. EIGHT TO 6 8, 8 TO SIX, EIGHT TO SIX I THINK. AND UH, SATURDAYS THEY GENERALLY ALSO WORK. UH, WHAT, UH, TWO TO TWO O'CLOCK. SOMETHING AT THE MOST NOON. OKAY, SIR, YOU WOULD HAVE TO MAKE SURE YOU UNDERSTOOD THE BUSINESS HOURS FOR YOUR CLIENT. YES. UM, AND IF, IF THOSE ARE ACCEPTABLE, THEN YOU CAN PROPOSE THOSE, WHATEVER IS GONNA BE PLACED IN THE SITE PLAN AND IS GONNA BE [01:55:01] APPROVED BY COUNSEL WILL BE ENFORCED. SO, UH, DO I NEED TO COME BACK WITH THE BUSINESS HOURS OR HOW WILL THIS, UH, PROCEED? IF YOU KNOW THEM, YOU CAN STATE THEM NOW FOR THE RECORD. IF YOU NEED TO CONSULT, THEN WE COULD, UH, YOU COULD UH, DO A CONTINUANCE. IF I HAVE FIVE MINUTES, I CAN, I CAN PROPOSE THEM MR. CHAIR, THAT'S, THAT'S A CHAIR DISCRETION, SIR. I MEAN THAT'S FINE. JUST A COUPLE MINUTES? YES, THAT'S FINE. WE'LL, WE'LL GO TO UH, A FIVE MINUTE BREAK. ALRIGHT, THANK YOU VERY MUCH. ALRIGHT, , WE'RE GONNA DO A FIVE MINUTE BREAK. THE TIME IS 2 57. UM, ALSO NOTE FOR THE RECORD THAT, UH, COMMISSIONER BOTTLE AND COMMISSIONER ORTIZ LEFT THE MEETING A LITTLE BIT EARLIER. WE'LL BE BACK. WE'RE ALL ALRIGHT? ARE WE BACK? ARE WE READY? BE NEIGHBORS? YEAH. ALRIGHT. THE TIME IS, UH, 3 0 7 AND THE ZONING COMMISSIONER OF SAN ANTONIO IS BACK IN SESSION. WHERE WERE WE? ALRIGHT. ALRIGHT. I THINK, UH, THE APPLICANT WAS GONNA TELL US WHAT THE HOURS, THANK YOU VERY MUCH. YEAH. SO WE'RE REQUESTING MONDAY TO SATURDAY. EIGHT TO SIX. ALRIGHT. ALRIGHT. LET'S SEE IF I HAVE THIS CORRECT. WE'RE GONNA, I'M PROPOSING THAT WE APPROVE THE, UH, REQUESTED ZONING TO C TWO NA. UH, WITH THE, UH, WITH THE CONDITIONAL USE. CONDITIONAL USE. AND PART OF THAT IS THEY'RE GONNA DO A 30 FOOT LANDSCAPE INSTEAD OF THE 15 AS SHOWN. UM, UP TO A 10 FOOT FENCE SUBJECT TO BE WORKED OUT. AND THEN, UH, BUSINESS HOURS WILL BE EIGHT TO SIX MONDAY THROUGH SATURDAY. ALRIGHT, SO THAT'S A MOTION. IS THERE A SECOND? SECOND. IS THAT YOU? COMMISSIONER REYES? SORRY, SECOND. IT WAS LIKE, IT'S ALL I'VE BEEN USED TO. COMMISSIONER BADOS ALWAYS SECONDING ME. I'M LIKE, DIDN'T TURN THE RIGHT WAY. ALRIGHT, UH, DISCUSSION. LOOKING LEFT, SEEING NONE, LOOKING RIGHT, SEEING NONE, LOOKING MR. CHAIR TO STAFF. MR. CHAIR. WHAT? YES. SO THERE'LL BE NO OPERATIONS ON SUNDAY? YEAH, I I THINK NO OPERATIONS ON SUNDAY. NO OPERATIONS. SO LET'S MAKE SURE THAT THAT'S PART OF IT. MM-HMM, . AND, AND ONE QUICK CLARIFICATION. IS THIS FOR JUST THE LIGHT AUTO AND LIGHT TRUCK REPAIR? OR IS THIS FOR ALL OF THE SPACE? THANK YOU. THAT'S THE QUESTION I WAS GONNA ASK. NO, IT'S FOR ALL THE SPACE. ALRIGHT. OR I MEAN, ARE YOU GUYS AGAINST, UH, THE OPERATION HOURS? UH, AND IT, IT WAS THE CONCERNS ALSO WITH, BECAUSE OF THE FLEX SPACE ACTIVITY THAT MAY OCCUR RIGHT THERE, OUR HOMES BUSINESS OPERATIONS. THAT WAS LIKE YOU WERE CONCERNED ABOUT THE HOURS? NO, THE CLIENTS ARE UNDER THE, THE, THE UNDERSTANDING THAT IS THE WHOLE, THE WHOLE DEVELOPMENT. YEAH. YEAH. ALL RIGHT. SO IT'S THE WHOLE SITE. NO, SUNDAY. NO SUNDAY. ALRIGHT. ANY FINAL CHANCE OF DISCUSSION? SEEING NONE, ROLL CALL, VOTE MO. OH, YES. THANK YOU CHAIR. UH, I JUST WANNA GO ON THE RECORD, UH, THAT THE CITY ATTORNEY'S OFFICE IS GONNA WORK WITH DEVELOPMENT SERVICES. WE BELIEVE THAT IT IS OKAY TO, TO PUT THE FENCE HEIGHT AND IS REQUIRED TO BE PUT ON THE, UH, SITE PLAN. BUT WE JUST WANNA VERIFY THAT THERE IS NO REQUIREMENT TO GO TO BOA, WHICH WILL BE RESOLVED BEFORE CITY COUNCIL. ALRIGHT, THANK YOU FOR THAT CLARIFICATION. ALRIGHT. MOTIONS FOR APPROVAL WITH CONDITIONS AS READ, UH, BY COMMISSIONER WHITT. SECOND BY WAS COMMISSIONER REYES. ROLL CALL, VOTE PLEASE. COMMISSIONER WHITSETT? YES. COMMISSIONER REYES? YES. COMMISSIONER WATSON? YES. COMMISSIONER HINOJOSA? YES. COMMISSIONER HUEY. AYE. COMMISSIONER ORTIZ? OH NO, HE LEFT, RIGHT? YEAH. ORTIZ LEFT. COMMISSIONER CHASE? YES. COMMISSIONER KELLUM? YES. COMMISSIONER BUSTAMONTE. AYE. CHAIR SIPES? YES. UM, ITEM PASSES AS AMENDED. ALRIGHT, THANK YOU. ALRIGHT. AND I BELIEVE, [Approval of Minutes  ] UH, MINUTES ARE THE FINAL ITEM FOR TODAY. SO IS THERE A MOTION TO OR CORRECTIONS OR ANYTHING NEEDED FOR THE MINUTES? MR. CHAIR? I'M GONNA ABSTAIN. ALRIGHT. IF NO ONE MAKES A MOTION, WE, WE'LL ALSO OH, OH MY GOSH. SAME. SOMEONE ELSE? SOMEONE ELSE. MR. CHAIR, I MAKE A MOTION TO ACCEPT THE MINUTES. ALRIGHT. A MOTION IS IS FOR, UH, TO ACCEPT THE MINUTES. I'LL [02:00:01] SECOND THAT. WHO WAS, OH, COMMISSIONER. WHO KNOWS? I WAS LIKE, OH MY GOSH. I WAS LIKE, WHERE WAS THAT FROM? . SORRY. SORRY. ALL RIGHT. UM, ALL IN FAVOR SAY AYE. AYE. ALRIGHT. DO WE HAVE A DIRECTOR'S REPORT? NO SIR. YOU'RE ALL GOOD TO GO. ALRIGHT. THE TIME IS THREE 10 IN THE ZONING COMMISSION OF CITY OF SAN ANTONIO IS ADJOURNED. THANK YOU. * 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.