May 02, 2024 City Council Zoning and Land Use Session

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>> MAYOR NIRENBERG: ALL RIGHT, GOOD AFTERNOON, EVERYONE.

WELCOME TO OUR CITY COUNCIL SLOAN YOU'RE ZONING MEETING. THE TIME 2 SLOAN 05:00 P.M.

ON THE SECOND DAY OF MAY, 2024. WE'LL CALL OUR MEETING TO

[ Roll Call  ]

[Public Hearing and Consideration of the following Adoption and Amendments of the Neighborhood, Community and Perimeter Plans as Components of the Master Plan and Zoning Cases. Plan amendments and Zoning cases presented by John Peterek, Interim Assistant City Manager; Michael Shannon, Director, Development Services unless otherwise noted.  ]

>> MAYOR NIRENBERG: WELCOME, EVERYONE. WE HAVE SOME ITEMS THAT ARE GOING TO BE CONTINUED TO MAY 16. OTHERS TO MAY -- EXCUSE ME, AUGUST 1ST.

THE FOLLOWING ITEMS FOR MAY 16, ITEM 20 AND 26. THE FOLLOW ITEMS FOR AUGUST 1ST, ITEM 5 AND 16. AND THEN WE HAVE A GROUP OF ITEMS THAT WILL BE HEARD INDIVIDUALLY, ITEM 3, ITEMS 8 AND 9, AND THEN ITEMS 24 AND 25.

EVERYTHING ELSE IS GOING TO BE HEARD ON CONSENT, SO LET ME FIRST ASK IF THERE ARE ANY ADDITIONAL ITEMS THES TO PULL OFF THE CONSENT AGENDA TO BE HEARD INDIVIDUALLY. OKAY. IF THERE ARE NONE, I'LL ENTERTAIN A MOTION FOR THE BALANCE OF THE CONSENT AGENDA AND LET ME READ THOSE ITEMS FOR THE RECORD FIRST, 1, 2, 4, 6, 7, 10, 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, AND 23. I'LL ENTERTAIN A MOTION FOR THOSE ITEMS.

>> HAVRDA: MAYOR, I'LL MOVE TO APPROVE AND I WANT TO MAKE A COMMENT ON CON

SEND. >> MAYOR NIRENBERG: DO I GET A SECOND?

>> SECOND. >> MAYOR NIRENBERG: LET ME GET THE PUBLIC COMMENT, THEN I'LL TURN TO YOU, COUNCILMEMBER CABELLO HAVRDA.

FIRST SIGNED UP TO SPEAK ON ITEMS ON CON SEND, SHINTO THOMAS.

MR. THOMAS, WOULD YOU LIKE TO SPEAK ON ITEM 15? >>

>> MAYOR NIRENBERG: OKAY. ON ITEMS 21 THROUGH 23, JACK FINGER.

>> THIS PORTION OF THE AGENDA I WISH TO BRING YOUR ATTENTION TO A COUPLE THINGS HERE. ITEM 21 IS A CELL PHONE TOWER.

YEAH. YEAH, IT'S ABOUT -- THIS IS IN MR. [INAUDIBLE], YOUR DISTRICT. THIS IS GOING TO BE 150 FEET TALL AND WOULDN'T BE SO BAD EXCEPT IT'S LESS THAN 1,000 FEET FROM THE VARIOUS NEARBY RESIDENCES.

CAN'T THEY FIND SOME OTHER PLACE TO PLACE A CELL PHONE TOWER, DO YOU THINK? MY GOODNESS. I MEAN WHAT EYESORES THOSE THINGS LIKE LIKE THERE.

I WOULD ASK YOU TO -- ASK THE PROPOSERS A FEW QUESTIONS ON THAT AND SEE IF YOU CAN GET IT CHANGED OUT. ALSO, IN ITEM NUMBER 23, 22 AND 23, THEY ARE GOING TO PLAN ON PUTTING A MEDICAL CLINIC RIGHT ALONG WEST AVENUE.

I LOOKED AT THE MAP ON THAT AND THEY ARE PLANNING ON DOING THIS RIGHT ON THE EDGE RIGHT BUTTING UP RIGHT AGAINST THE RESIDENCES. I MEAN, THERE ARE NO BUFFERS THERE, SIR. COULDN'T THAT BE CHANGED OUT SO THAT AT LEAST THERE'S SOMETHING THERE TO TO PEOPLE LIVING NEXT DOOR THAT DON'T HAVE TO DEAL WITH THE -- WELL, WITH THE TRAFFIC NOISE AND EVERYTHING ELSE ASSOCIATED WITH A MORE INTENSE AREA THERE. JUST A SUGGESTION, YOU KNOW. YEAH, SO, AND SO ANYWAY, JUST WANTED TO LET YOU KNOW ABOUT THAT. YOU KNOW, SINCE THIS IS THE SECTION TALKING ABOUT CONSENT, I THOUGHT I WOULD CHECK WITH MS. KAUR.

ITEM NUMBER 4 IS DEALING WITH, WELL, A DAY CARE CENTER, BUT I NOTICE ON THE MAP IT'S RIGHT IN THE MIDDLE OF A FLOODPLAIN. YES, MS. KAUR.

AND I JUST THOUGHT -- JUST SUGGEST MAYBE COULD YOU ASK THEM TO PLACE IT SOMEWHERE

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MAYBE YOU WANT TO RETHINK THAT AND INSTEAD HAVE THE DAY CARE CENTER SOMEWHERE ELSE. OKAY. THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MR. FINGER. COUNCILMEMBER CABELLO

HAVRDA. >> HAVRDA: THANK YOU, MAYOR.

ON ITEM 15, IF APPLICANT, MR. THOMAS, HAS AGREED TO OFFER CYST FACILITY ON INGRAM ROAD AT A REDUCED RATE TO ANY RESIDENT, PROPERTY OWNER AND BUSINESS OWNERS THAT RESIDES WITHIN A 200-FOOT OF HIS FACILITY WHO WANT TO RENT OUT THE FACILITY FOR MEETINGS SUCH AS HOA AND TOWN HALL MEETS. THANK YOU, MR. THOMAS.

THANKS, MAYOR. >> MAYOR NIRENBERG: ANY FURTHER COMMENT ON THE CONSENT ZONING AGENDA? OKAY. IF THERE ARE NONE, THERE IS A MOTION AND SECOND FOR APPROVAL OF THE CONSENT ZONING ITEMS THAT I READ INTO THE RECORD. WE'LL CALL UP THE VOTE. PLEASE VOTE.

COUNCILMEMBER VIAGRAN? >> VIAGRAN: AYE. >> MAYOR NIRENBERG: MOTION CARRIES. ITEM 20 AND ITEM 26 WILL BE CONTINUED TO MAY 16TH.

I'LL ENTERTAIN A MOTION FOR THAT. >> MOTION TO CONTINUE ITEMS

20 AND 26. >> SECOND. >> MAYOR NIRENBERG: THERE IS A MOTION AND A SECOND FOR APPROVAL OF -- OR FOR CONTINUING ITEMS 21 -- EXCUSE ME, 20 AND 26 TO MAY 16TH. WE HAVE A FEW FOLKS SIGNED UP TO SPEAK ON ITEMS 20 AND 26. AGAIN, THESE ARE NOT GOING TO BE DECIDED TODAY SO IF YOU DO NOT WANT TO SPEAK BECAUSE OF THAT, JUST WAVE TO ME AND I'LL MOVE ON TO THE NEXT PERSON. BARBARA DICKERSON.

OKAY. BRAD BERENBLAT. JACK FINGER.

AND YOU ARE ON 20 AND 26, JACK. >> MAYOR NIRENBERG, OTHER MEMBERS OF THE COUNCIL, MY NAME IS JACK FINGER. REGARDING ITEM 20, THIS IS IN MR. MANNY PELÁEZ'S DISTRICT, HE'S NOT IN HIS SEAT HERE.

THERE'S SO MUCH OPPOSITION TO THIS ASSISTED LIVING CENTER AND HAS BEEN GOING ON FOR SOME TIME. I DON'T KNOW WHY WE WANT TO CONTINUE IT.

JUST WHOEVER IS YOU WANTING, WHY NOT JUST GIVE MR. PELÁEZ A BREAK AND SAY NO TO IT THERE. I MEAN, YOU HAVE AS MANY AS -- AS MANY AS 19 PEOPLE JUST OPPOSE THIS THING RIGHT OUTSIDE OF THE 200-FOOT LIMIT.

YOU HAVE AS MANY AS FIVE PEOPLE SPOKE AGAINST IT AT THE HEARING.

WHENNER DOING GOOD TO GET ONLY ONE OR TWO. AS MANY AS SIX PEOPLE CALLED IN AGAINST IT. A LOT OF POP SITUATION TO THIS THING -- OPPOSITION TO THIS. I THINK IT'S TOO INTENSE ALONG WITH THE FACT THE ZONING COMMISSION RECOMMENDED DENIAL. ANOTHER BIG RED FLAG HERE.

I CAN SEE WHY NO ONE WANTS TO HANDLE THIS HOT POTATO HERE.

16 AND 20 AND -- YEAH, 26. MR. WHYTE, IN NUMBER 26 IS ABOUT HAVING A TATOO PARLOR OVER ON BLOSSOM ROAD. MR. WHYTE, DO WE REALLY NEED ANOTHER TATOO PARLOR THERE? I THINK YOU KNOW WHAT KIND OF REPUTATION TATOO PARLORS HAVE.

THANK YOU. >> MAYOR NIRENBERG: THANK YOU, MR. FINGER.

THERE IS A MOTION AND A SECOND FOR CONTINUING ITEMS 20 AND 26 TO MAY 16TH.

ANY FURTHER DISCUSSION? HEARING NONE, PLEASE VOTE. COUNCILMEMBER VIAGRAN? I THINK WE LOST HER. MOTION CARRIES. ITEMS 5 AND 16 WILL BE

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>> MOTION TO CONTINUE ITEMS 5 AND 16 TO AUGUST 1ST. >> MAYOR NIRENBERG: THERE IS A MOTION AND A SECOND TO CONTINUE THOSE TWO ITEMS. WE HAVE NO ONE SIGNED UP TO SPEAK ON THAT. IS THERE COUNCIL DISCUSSION? HEARING NONE, PLEASE VOTE.

MOTION CARRIES. WE'LL GO TO OUR INDIVIDUAL ITEMS NOW STARTING WITH ITEM

3. >> APPROVAL. 30 NOTICES MAILED, ZERO IN FAVOR, ZERO OPPOSED AND THE LAVACA NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE IDZ OVERLAY.

>> MAYOR NIRENBERG: ALL RIGHT. WE DON'T HAVE ANYONE SIGNED

UP TO SPEAK ON THIS. COUNCILMEMBER KAUR. >> KAUR: THANK YOU, MAYOR.

THIS IS A DIFFICULT CASE FOR US. THE NEIGHBORHOOD IS IN OPPOSITION BECAUSE THERE'S NO PARKING. DISTRICT 1 HAS A LOT OF OLD BUILDINGS THAT WERE BEING USED WITHOUT PARKING PREVIOUSLY AND NOW IF THERE IS A NEW TENANT THEY NEED PARKING. THEY ARE DOWN ZONING THIS LOT FROM C-3 TO C-2 NA SO THERE CAN BE AN ACTIVE CHURCH COMMUNITY USING THIS SPACE BUT THEY CANNOT GET THEIR PERMIT. THAT'S WHY THE IDZ IS REQUIRED. THIS BRINGS UP A CHALLENGE AND MIKE, WHAT DO WE DO ABOUT THESE OLD BUILDINGS THAT NEED PARKING BUT DON'T HAVE IT AND HOW DO WE SUPPORT THEM AND ENSURING WE CAN STILL MAKE USE OF IT. AT THE END OF THE DAY, WHAT WE ALL KNOW IS VACANT BUILDINGS ARE BAD FOR COMMUNITIES IN GENERAL AND AN INCLUSIVE CHURCH IS A REALLY GOOD USE FOR THIS NEIGHBORHOOD AND COMMUNITY.

SO THE NEIGHBORHOOD IS NOT IN OPPOSITION TO THE USE OF THE CHURCH, BUT THE CHALLENGE ALSO IS IF YOU WERE AT THE KING WILLIAM PARADE AND TRIED TO GET THROUGH FLORIDA STREET, THIS IS AT THAT CORNER. IT'S DIFFICULT TO GET THROUGH THAT BECAUSE WE HAVEN'T INVESTED IN OUR INFRASTRUCTURE.

PARKING IS GOING TO CHANGE FOR OUR COMMUNITY IS MAKING SURE THE INFRASTRUCTURE IN SOUTH TOWN IS TAPEABLE OF HANDLING ALL OF THE ADDITIONAL USES AND ENGAGEMENT AND ACTIVATIONS THAT WE WANT. AND SO I SAY THAT TO SAY THAT WE WILL RECOMMIT TO DOUBLING DOWN ON THE INFRASTRUCTURE IN LAVACA AND DO THAT IN PARTNERSHIP WITH PUBLIC WORKS, DSD AND MAKE SURE THAT THE COMMUNITY THERE IS NOT FEELING A NEGATIVE IMPACT FROM EVEN A GREAT USE OF A CHURCH AND A BUILDING THAT NEEDS TO BE ACTIVATED. WITH THAT, I MAKE THE MOTION TO GO WITH THE ZONING COMMISSION'S APPROVAL OF THIS ZONING CHANGE.

>> SECOND. >> MAYOR NIRENBERG: THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM 3. ANY FURTHER DISCUSSION? HEARING NONE, PLEASE VOTE. MOTION CARRIES. ITEM 8 AND 9.

>>

FAVOR OUTSIDE THE 200-FOOT NOTIFICATION AREA. >> MAYOR NIRENBERG: WE HAVE ONE CITIZEN SIGNED UP TO SPEAK ON ITEMS 8 AND 9. JACK FINGER.

>> MAYOR NIRENBERG AND MEMBERS OF THE COUNCIL, I'M JACK FINGER AND THIS CASE IS ONCE AGAIN IN -- WELL, NO, THIS IS IN DISTRICT 2, MR. JALEN RODRIGUEZ'S DISTRICT. MR. RODRIGUEZ, THIS THING HAS SO MANY RED FLAGS.

DO YOU REALLY WANT TO GO AHEAD WITH IT? THE PLANNING STAFF THOUGHT IT WAS BAD. THE ZONING STAFF THOUGHT IT WAS A BAD IDEA.

THEY BOTH RECOMMEND YOU DENY THIS THING. WHY? WELL, IN THEIR WORDS, THEY TALKED ABOUT THE HEAVY MANUFACTURING, INDUSTRIAL USES ENCROACHING. I REPEAT, ENCROACHING UPON THE COMMERCIAL BUFFER

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INCOMPATIBLE, SIR. LOOK AT THE MAP. LOOK AT THE MAP AND YOU WILL SEE WHAT THEY ARE TALKING ABOUT HERE. REALLY, THIS REALLY IS A BAD IDEA, SIR, AND I THINK YOU SHOULD DENY IT FOR THE BENEFIT OF ALL THOSE WHO HAVE TO LIVE IN THAT AREA THERE, SIR. THESE ARE YOUR PEOPLE THAT YOU ARE DEALING WITH HERE. WHY NOT SAY NO TO IT AND GIVE THEM SOME RELIEF.

THANK YOU. >> MAYOR NIRENBERG: THANK YOU, MR. FINGER.

COUNCILMEMBER MCKEE-RODRIGUEZ. >> MCKEE-RODRIGUEZ: THANK YOU, MAYOR. I ACTUALLY DO LIVE IN THE AREA.

I WANT TO RECOGNIZE AND APPRECIATE THE CITY STAFF RECOMMENDED DENIAL BECAUSE I1 DOES NOT ALIGN WITH THE I-10 CORRIDOR PERIMETER PLAN AND IT'S IMPORTANT AS WE EMBARK ON AND CONTINUE THE PLANNING PROCESS THAT WE DON'T DEVIATE.

I HAVE DECIDED TO SUPPORT THE REQUEST AND Y'ALL MY COLLEAGUES KNOW MY GENERAL RULE OF THEM IS THAT WE HAVE PLENTY OF INDUSTRIAL DEVELOPMENT IN DISTRICT 2 AND I DON'T SUPPORT ADDING MORE. I STILL VERY MUCH MAINTAIN THAT. IT'S STILL JALEN IN D2 VERSUS THE TYPES OF FACILITIES THAT PREVENT HOUSING AMENITIES, ALL OF THAT.

IN THIS CASE, HOWEVER, THE PROPERTY IS ALREADY SURROUNDED BY INDUSTRIAL DEVELOPMENT AND REZONING THE PROPERTY TO I1 WILL NOT LEAD TO ADDITIONAL INDUSTRIAL DEVELOPMENT SINCE THERE'S A LARGE CITY EASEMENT DIVIDING THE PROPERTY.

WE'RE SIMPLY HELPING THE PROPERTY OWNER BRING A RELATIVELY SMALL PROPERTY INTO COMPLIANCE. I MOVE TO APPROVE ITEM 8 AND 9.

>> MAYOR NIRENBERG: THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEMS 8 AND 9. ANY FURTHER DISCUSSION? HEARING NONE, PLEASE VOTE.

MOTION CARRIES. ITEMS 24 AND 25. >>

FAVOR AND ZERO OPPOSED. >> MAYOR NIRENBERG: WE HAVE ONE CITIZEN SIGNED UP

TO SPEAK ON ITEMS 24 AND 25. JACK FINGER. >> THIS IS GETTING MONOTONOUS. MAYOR NIRENBERG, OTHER MEMBERS OF THE COUNCIL, ITEM NUMBER 24 AND 25, WELL, MR. WHYTE, THEY ARE IN YOUR DISTRICT AND THEY -- THERE'S SOME PRETTY BAD IDEAS HERE, SIR. THE STAFF, BOTH THE PLANNING STAFF AND THE ZONING STAFF THOUGHT THIS WAS A BAD IDEA AND THEY ARE THE PROFESSIONALS ON THIS THING. WE HIRE THEM TO POINT OUT WHAT IS BAD WITH IT.

AND IN THEIR WORDS, THE C-3 DESIGNATION IS, QUOTE, OUT OF SCOPE WITH THE AREA PLAN.

IT'S NOT NEEDED. I REPEAT, NOT NEEDED FOR THE PARKING REQUIREMENT.

THERE IS NO BUFFER TOWARDS THE APARTMENT SIDE OF THE PROPERTY.

AND THEY WANT AN 8-FOOT-FENCE. AN 8-FOOT-FENCE.

WE ACTUALLY HAVE RULES AND REGULATIONS STATING NOTHING OVER 6 FEET, YOU KNOW.

THERE REALLY IS NO NEED FOR THIS, SIR. I'D APPRECIATE IT IF YOU

WOULD JUST SAY NO TO IT. THANK YOU.YO >> MAYOR NIRENBERG: THANK

YOU, MR. FINGER. COUNCILMEMBER WHYTE. >> WHYTE: THANKS, MAYOR.

I JUST HAVE A COUPLE COMMENTS, BUT BEFORE I BELIEVE MR. -- NO?

>> THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS, SIR. >> WHYTE: DOES THE

APPLICANT WANT TO COME UP FOR A SECOND? >> KEN BROWN, BROWN

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>> WHYTE: THERE'S AN ALTERNATE RECOMMENDATION MADE BY STAFF, BUT THE APPLICANT IS STILL LOOKING TO MOVE FORWARD WITH APPROVAL AS APPLIED FOR,

RIGHT? >> THAT'S RIGHT. AS WE EXPLAINED TO THE PLANNING COMMISSION AND THE ZONING COMMISSION, WE NEED THAT SITE FOR FUTURE EXPANSION OF WHAT WE DO. THE INITIAL ZONING CASE IS TO EXPAND PARKING FOR THE SERVICES PART OF IT. BUT AT SOME POINT WE'RE GOING TO HAVE TO EXPAND FOR THE CAR SERVICES PART OF IT AND SO WE NEED THAT C-3 IN THAT LOCATION.

>> WHYTE: OKAY. THANKS. >> THANK YOU.

>> WHYTE: WE'VE GOT A LONG-TERM OWNER WHO HAS DONE GREAT WORK TO APPROVE THIS SITE. THERE'S NO OPPOSITION HERE. WE'VE BEEN OUT, WE'VE WALKED THE PROPERTY. THE REST OF THE PROPERTY IS C-3, HE'S MAKING IT ALL C-3

AND I'M IN SUPPORT OF THIS AND MOVE FOR APPROVAL. >> MAYOR NIRENBERG: THERE WAS A MOTION FOR APPROVAL. WAS THERE A SECOND? A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE, PLEASE VOTE. MOTION CARRIES.

ALL RIGHT. THAT'S THE BALANCE OF OUR AGENDA TODAY.

THE TIME IS 2:26 P.M. ON MAY 2,. WE ARE ADJOURNED. HAVE A GREAT AFTERNOON.

* This transcript was compiled from uncorrected Closed Captioning.