* 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. [00:00:03] CITIZENS TO BE HEARD ON THIS MATTER. JAMES MCKNIGHT, FOLLOWED BY KEN BROWN. MY NAME IS KEN BROWN, ONE 12 EAST PECAN. OH, I WAS GONNA LAMP UP, I'M SORRY. I'LL DO IT ON THE WAY BACK. UM, ONE 12 EAST PECAN SUITE 1360. UM, I, I AM GONNA MAKE THE LAND USE ARGUMENT, AND YOU'RE GONNA HAVE TO BEAR WITH ME FOR A SECOND. UH, WHEN WE ADOPTED THE U D C BACK IN 2001, OUR OLD CODES WERE INCLUSIONARY. SO IF YOU HAD ZONING, IF YOU HAD I ONE ZONING, YOU COULD DO ANYTHING IN THAT DISTRICT. YOU COULD DO SINGLE FAMILY OFFICE, RETAIL, WHATEVER. AND SO THE GOAL OF ADOPTING THAT CODE WAS GO GOING TO INCLUSION, EXCLUSIONARY ZONING, YOU KNOW, SINGLE FAMILY WAS SUPPOSED TO BE WITH SINGLE FAMILY AND, UH, MULTIFAMILY, COMMERCIAL AND INDUSTRIAL WAS SUPPOSED TO BE WITH INDUSTRIAL, AND YOU MAY HAVE TRANSITIONAL ZONES BETWEEN 'EM, BUT IF YOU HAD A SITUATION LIKE THIS, AND THIS IS AN INDUSTRIAL PARK, OKAY? THAT'S WHAT IT IS. EVERYTHING IN THAT AREA IS ZONED INDUSTRIAL. AND THE APPLICANT BOUGHT IT ZONED INDUSTRIAL, AND HE WANTS TO USE A, A COMMERCIAL USE IN AN INDUSTRIAL ZONE. THERE WAS NO L IN THE PREVIOUS ZONING CATEGORIES UNDER THE OLD, OLD, OLD CODES. WHAT WE DID, AND I KNOW THIS FIRSTHAND, I WAS ON THE TECHNICAL ADVISORY COMMITTEE AND A NUMBER OF LANDOWNERS THREATENED TO SUE THE CITY, UH, THAT HAD INDUSTRIAL ZONING AND SAID, YOU ARE TAKING ALL OF THOSE USES OUT OF MY, OUT OF MY ZONING DISTRICT, AND YOU'RE REZONING MY PROPERTY AND IT'S A TAKING AND WE'RE GONNA SUE YOU. AND SO THE CITY CAME, CAME UP WITH THIS L ZONING DISTRICT AND PUT A NUMBER OF COMMERCIAL USES IN IT TO SATISFY 'EM AND TO NOT GET SUED. UH, THE I ONE DISTRICT IS FOR INDUSTRIAL PURPOSES. THE, THE PROPOSED USE AND THE PROPOSED CATEGORY ARE NOT INDUSTRIAL USES. NOT ONLY IS THIS ALLOWED, BUT A BOWLING ALLEY IS ALLOWED IN AN INDUSTRIAL PARK, A RETAIL ANTIQUE STORE, A RETAIL FLORIST, A BANK. NONE OF THESE ARE INDUSTRIAL USES, BUT THEY'RE ALL ALLOWED IN THIS DISTRICT THAT WE MELDED TOGETHER SO WE WOULDN'T GET SUED. OKAY? AND WE CAN FIX THAT IN, IN THE NEXT U D C, UH, AMENDMENTS, WHICH ARE COMING UP, I THINK I HAVE FOUR MINUTES. SO WHAT HAPPENS IN OLDER DISTRICTS LIKE THIS IS EITHER PEOPLE ABANDON PROPERTY OR THEY, UH, THEY THEY TRY TO SELL OFF PROPERTY LIKE THIS AND IT'S REALLY CHEAP. UM, AND SO SOMEONE BUYS THE LAND REALLY CHEAP KNOWING THAT IT'S AN INDUSTRIAL DISTRICT, KNOWING THAT THEY DON'T HAVE AN INDUSTRIAL USE AND TRYING TO COME UP WITH A COMMERCIAL USE THAT THEY CAN PUT IN THERE THAT DOESN'T FIT THERE. AND UNFORTUNATELY, OUR CODE ALLOWS IT UNDER THE L DISTRICT, BUT IT'S, IT'S NOT APPROPRIATE IN THIS, IN THIS CIRCUMSTANCE. I AM HERE. UH, AND THERE, THERE ARE DISTRICTS THAT CAN BE USED. THERE IS A BUSINESS PARK DISTRICT IN THE CODE, AND THAT'S WHAT THE APPLICANT IS SORT OF TRYING TO PUSH INTO THIS INDUSTRIAL PARK. BUT THIS ISN'T A BUSINESS PARK. UM, THE OTHER THING IS, IT SEEMS LIKE EVERY TIME SOMEONE DOWN ZONES A PIECE OF PROPERTY, THE STAFF RECOMMENDS IT AND YOU GUYS GO, OH, DOWN ZONING. THAT'S GOOD. IT'S NOT ALWAYS GOOD. NOT ALL DOWN ZONINGS ARE CREATED EQUALLY. IF YOU HAVE INDUSTRIAL IN A SINGLE FAMILY NEIGHBORHOOD AND YOU WANT TO DOWN ZONE THAT TO A SINGLE FAMILY, YEAH, THAT MAKES SENSE THAT THAT'S APPROPRIATE. BUT DOWN ZONING IN AN INDUSTRIAL PARK TO ALLOW RETAIL AND COMMERCIAL USES, THAT'S NOT A HERE TO, TO SAY THAT. I THINK THAT THIS IS AN INAPPROPRIATE ZONING CLASSIFICATION TO BEGIN THE CODE AT ALL. UH, BUT IT CERTAINLY IS AN INAPPROPRIATE ZONING CLASSIFICATION FOR THIS SITE. COMMERCIAL AND INDUSTRIAL USES NOT 25 SECONDS, HAVE DIFFERENT OPERATIONAL ASPECTS. THEY HAVE DIFFERENT, UH, UTILIZATIONS OF THE PROPERTY. THEY HAVE DIFFERENT TRAFFIC PATTERNS. THEY HAVE DIFFERENT TRAFFIC. I MEAN, THERE'S TRUCKS MIXED WITH PEOPLE, YOU KNOW, TEST DRIVING CARS. IT, THIS WAS NEVER INTENDED TO BE IN AN INDUSTRIAL PARK. UH, THIS INDUSTRIAL PARK IS NEAR, THE AIRPORT IS NEAR A RAILROAD LINE. IT'S SUPPOSED TO BE INDUSTRIAL. IT HAS INDUSTRIAL AROUND IT. IT IS ZONED INDUSTRIAL. THE USE AND THE CATEGORY IS NOT INDUSTRIAL, EVEN THOUGH IT SAYS L. THANK YOU VERY MUCH. THANK YOU MR. BROWN. APPRECIATE IT. MARK GROSS, FOLLOWED BY DEBORAH MCCLEARY. HI, GOOD AFTERNOON. I'M, MY NAME IS MARK GROSS. I HAVE THE PROPERTY ADJACENT TO THIS. UM, THIS SUBJECT PROPERTY SEPARATES US FROM TESORO LANE. WE HAVE A DERO ADDRESS. THE NEW OWNER CAME TO US WHEN HE PURCHASED THE PROPERTY AND EXPLAINED TO US THAT OUR EASEMENT, UH, ACCESS EASEMENT THAT [00:05:01] WE HAVE ON A SURVEY WITH RECORDED VOLUME AND PAGE WAS NOT VALID. AND HE OFFERED TO SELL IT TO ME FOR APPROXIMATELY WHAT HE PAID FOR THE PROPERTY. SINCE THEN, HE'S COME DOWN A LITTLE BIT ON HIS, ON HIS DEMANDS, BUT I BELIEVE THAT THIS CASE IS REALLY ABOUT SQUEEZING THE TWO ADJACENT PROPERTY OWNERS TO BUY THE LOT FROM HIM. HE PURCHASED THIS PROPERTY IN A GROUP OF OTHER PROPERTIES FROM A COMPANY THAT OPERATED FUEL STATIONS. THAT'S WHAT IT'S ALWAYS BEEN THERE. THERE'S BEEN, I'VE OWNED THE PROPERTY SINCE 94, FOR 25 YEARS. THERE'S BEEN THREE OTHER OWNERS. THEY'VE NEVER COME TO ME AND TOLD ME THAT I WASN'T GONNA HAVE AN ACCESS EASEMENT THROUGH THERE. UM, THAT'S REALLY WHAT THIS CASE IS ABOUT. UM, WE'RE TRYING TO WORK OUT, UM, A REASONABLE SOLUTION. I'VE OFFERED HIM BASICALLY WHAT HE PAID ME FOR HALF THE PROPERTY, WHICH IS ADJACENT TO MY LOT. MRS. MCCLEARY, WHO'S UP NEXT, UH, IS IN THE PROCESS OF TRYING TO GET HER REALTOR TO CONTACT MR. ESHU TO PURCHASE THE OTHER HALF HE DOESN'T WANT. NOW, HIS HIS ARGUMENT IS THAT HE DOESN'T WANNA SEPARATE IT, EVEN THOUGH BEXAR COUNTY APPRAISAL DISTRICT HAS IT LISTED AS TWO PROPERTY IDS DOESN'T SEEM TO BE REASONABLE IF WE'RE WILLING TO PAY HIM FOR IT. SO HOPEFULLY, REGARDLESS OF HOW THIS COMES OUT, WE'LL WORK THIS OUT. 30 SECONDS. THANK YOU VERY MUCH. DEBORAH MCCLEARY, DEBORAH MCCLEARY, 89 34 AND 89, 38 BROADWAY PROPERTY ADJACENT TO THE NEW OWNER OF LOT 14. AND, UM, UH, HE NEVER CONTACTED ME, HOWEVER, UM, MARK TOLD ME THAT HE HAD MADE AN OFFER TO HIM. AND SO I CALL ENGAGED A REALTOR LAST WEEK WHO, UH, CONTACTED HIM WITH AN OFFER. UM, BUT HE WAS STOPPED BEFORE WHEN HE SAID HE WAS REPRESENTING ME, HE WAS STOPPED AND SAID HE WOULD NOT ACCEPT ANYTHING LESS THAN ONE OFFER FOR A HUNDRED THOUSAND DOLLARS. ANYWAY, MY REALTOR TALKED TO HIM AGAIN TODAY AND, UH, SO WE HAD A CONVERSATION AND SO I JUST WANTED TO LET YOU KNOW I WE'RE TRYING, BUT HE'S VERY ADAMANT AND I'M STILL ADAMANTLY OPPOSED TO THE REZONING AS WELL AS THE NEIGHBORS WHO HAVE SENT IN THEIR OPPOSITION. THANK YOU. NO, SIR. THAT'S ALL. ARE WE, IS THIS COMMISSIONER WHITE? YES. I'M SORRY. FORGIVE ME. COMMISSIONER WHITE. I SKIPPED OVER THE APPLICANT'S REBUTTAL IF YOU'D LIKE SOME EXTRA TIME, SIR. NOT SOME EXTRA TIME, BUT REBUTTAL TIME, WHICH IS LIMITED TO TWO MINUTES. THANK YOU. JUST DON'T WANT TO TAKE MUCH OF YOUR TIME. UM, BUT THEY'RE ASKING ME TO SEPARATE THE PROPERTY BECAUSE CITY HAS IT IN TWO, BUT IT'S ACTUALLY ONE TITLE, SO I CANNOT SEPARATE IT. I HAVE TO SELL IT IN ONE PIECE AND THEY HAVE TO MAKE AN AGREEMENT THEMSELVES, WHICH ONE IS GONNA GO THIS FAR OR MAKE A SURVEY OR AN AGREEMENT, HOWEVER THEY WANT TO DO IT. BUT WHAT HE'S ASKING ME, I'M NOT SAYING HE'S NOT TRYING TO HELP, HE WANTS TO DO IT, BUT HE'S ASKING ME TO GIVE HIM HALF OF THE PROPERTY, WHICH I CAN'T, 'CAUSE IT'S ONE PIECE. AND THEN WELL, WHAT IF SHE DOESN'T WANT THE OTHER HALF? SO I'M, I'M OUT WITHOUT ANY BUSINESS. AND THEN FROM WHAT HE, THE, THE OTHER, UH, GENTLEMAN WAS SAYING, AND HE IS AN I ONE, I CAN DO A LOT OF THE STUFF IN THERE, EVEN THOUGH IF I DON'T REZONE THIS, I CAN STILL MAKE A WHOLESALE LOT. SO THAT'S WHAT I WANT TO UNDERSTAND, BUT I HAVE TO RENT IT TO SOMEONE. I WANNA OCCUPY IT MYSELF AND OPERATE THE BUSINESS MYSELF OVER THERE. I THINK THAT WOULD BE BETTER FOR A NEIGHBORHOOD THAN JUST RENTING IT TO SOMEONE FOR WHATEVER BUSINESS IT IS. THANK YOU. NOW, I'M SORRY. NOW, COMMISSIONER WHITE, SORRY. DO YOU THINK ANY, ANY MORE TIME FOR YOU TO TALK WITH THE ADJACENT LANDOWNERS, UM, WOULD BE FRUITFUL IN TERMS OF COMING IN TO UP WITH SOME SORT OF AGREEMENT? WELL, I BELIEVE, YOU KNOW, WE ARE, WE ARE VERY CLOSE, BUT WE JUST, WE ALL HAVE TO BE REASONABLE, RIGHT? BUT THE THING IS, I DON'T WANNA WASTE ANY OF YOUR TIME ANYMORE BECAUSE IT HAS NOTHING TO DO WITH YOU AND YOUR, YOU KNOW, YOUR TIME. WE COME HERE, TAKE 30 MINUTES OF YOUR TIME EACH TIME, AND THEN WE JUST POSTPONE IT FOR ANOTHER TWO WEEKS AND WE COME AND SIT DOWN AGAIN. I THINK THE NEXT MEETING FOR COUNCIL IS IN A MONTH. OKAY, SO DID WE HAVE LIKE, THE WHOLE FULL MONTH TO COME UP WITH SOMETHING IF WE CAN'T REALLY DO IT, WHETHER THEY DENY IT OR ACCEPT IT, WHATEVER THE SITUATION IS, I RESPECT THAT. AS I SAID, I BELIEVE IN THE SYSTEM. [00:10:01] I BELIEVE IN YOU GUYS. THESE MEETINGS ARE HELD FOR A REASON. JUST BECAUSE THEY'RE REPRESENTED BY, YOU KNOW, BRAND ORTIZ DOESN'T MEAN ANYTHING. SO WE JUST WANNA GO THROUGH THE PROCESS. SO IF YOU FEEL LIKE I'M NOT WASTING YOUR TIME, WE NOT COME BACK ANOTHER TWO WEEKS. TALK ABOUT THE SAME THING AGAIN. SURE, WHY NOT, YOU KNOW, POSTPONE IT FOR TWO WEEKS, BUT, YOU KNOW, I LEAVE IT TO, UH, THE VICE CHAIR. SO YOU SEE WHAT HE SAYS. I'M, I'M OKAY WITH EITHER WAY. I'M GONNA OPEN IT UP FOR QUESTIONS FROM THE OTHER COMMISSIONERS. THANK YOU. AND I'M GONNA ASK FOR A POINT OF, UH, PRIVILEGE AND A POINT OF INFORMATION FROM STAFF AND AGAIN, STAFF, THIS IS NOW THE THIRD TIME THAT THIS ITEM HAS COME BEFORE THIS COMMISSION. WOULD YOU REFRESH EVERYONE'S RECOLLECTION AS TO WHAT THAT MEANS? IF WE WERE TO GRANT ANOTHER CONTINUANCE AS TO THE TREATMENT OF THIS OR POTENTIAL TREATMENT OF THIS BY THE APPLICANT, HE CAN STILL PROCEED FORWARD TO CITY COUNCIL. UM, IF THE MOTION PASSES FOR A CONTINUANCE, THEN UM, THE RECOMMENDATION FROM COUNCIL WOULD MOVE FORWARD AS A DENIAL DUE TO LACK OF A MOTION. UH, BUT HE HAS THE ABILITY TO MOVE FORWARD AFTER TODAY TO CITY COUNCIL IN A MONTH. ANY MORE DISCUSSION FROM COMMISSIONERS ON MY LEFT? COMMISSIONER GREATHOUSE, I JUST WANNA ASK STAFF A QUESTION. UM, WHAT ARE THE USES AROUND THIS PROPERTY? I KNOW THAT, UM, MR. BROWN SAID THAT THIS IS AN INDUSTRIAL PARK. SO WHAT OTHER USES ARE WE LOOKING AT ADJACENT TO THIS? YEAH, FOR THE MOST PART, UH, IT'S NOT NECESSARILY, UH, MANUFACTURING AS I UNDERSTAND IT, IT, THERE'S A, UH, FOR INSTANCE, JUST TO THE NORTH, ACROSS THE STREET IS AN ELECTRICAL OFFICE. I GUESS THEY DO, UH, YOU KNOW, THEY'RE AN ELECTRICIAN'S OFFICE, SO THEY HAVE TRUCKS AND ELECTRICAL SUPPLIES IN THERE. UM, I CAN'T REMEMBER. I GUESS IT'S A PRINTING COMPANY THAT, UH, THE NEIGHBORS ARE, UM, THERE'S THE NORTHEAST I S D OFFICE BUILDING. I BELIEVE, UH, THAT'S, IT'S, THEY'RE NOT NECESSARILY MANUFACTURING, BUT I UNDERSTAND THEY, IF YOU'RE IN THE AREA AND YOU'RE LOOKING AT THE CHARACTER, THE AREA, IT LOOKS LIKE, YOU KNOW, SMALL, NEAT WAREHOUSES, I GUESS YOU COULD SAY. AND JUST A REMINDER, THE PROPERTIES AROUND IT ARE ZONED I ONE, SO IT COULD ALLOW ANY TYPE OF GENERAL INDUSTRIAL USES. HE'S, UM, ONLY DOWN ZONING TWO L, WHICH IS LIGHT INDUSTRIAL, WHICH IS A BLEND OF I ONE ZONING AND SOME OF THE C THREE, UH, USES, BUT IT IS STILL AN INDUSTRIAL USE CATEGORY. OKAY, THANK YOU. ANY OTHER COMMISSIONERS ON MY LEFT? ANY DISCUSSION FROM COMMISSIONERS ON MY RIGHT? UH, QUESTIONS. EXCUSE ME. ALRIGHT, UM, COMMISSIONER WHITE. SO I'M GONNA REMAIN CONSISTENT, UM, WITH WHAT I SAID WHEN WE WERE HERE LAST TIME. UM, LAST TIME I THOUGHT WE SHOULD HAVE DONE A CONTINUANCE FOR FOUR WEEKS AND, UM, I WAS OUTVOTED AND WE DID A, WE DID A, UH, CONTINUANCE FOR TWO. UM, SO BASED ON THE APPLICANT'S, UH, UH, TESTIMONY THAT I THINK HIS EXACT WORDS WERE, WERE VERY CLOSE, UH, TO REACHING SOME SORT OF AGREEMENT. UM, I'M GOING TO MOVE THAT WE CONTINUE THIS FOR TWO MORE WEEKS. THERE'S A MOTION. DO I HEAR A SECOND? HEARING NONE. MOTION FAILS. UH, IS THERE AN ALTERNATIVE MOTION CHAIRMAN? I MAKE A MOTION FOR APPROVAL. THERE IS A MOTION. OKAY, THERE IS A MOTION AND A SECOND. ANY DISCUSSION? COMMISSIONERS ON MY LEFT. COMMISSIONER GREATHOUSE. UM, I WILL BE SUPPORTING THE MOTION. UM, WE'VE BEEN HERE SEVERAL TIMES. UM, THAT'S NOT THE MAIN REASON OBVIOUSLY, BUT, UM, REGARDLESS OF WHETHER WE REZONE THIS OR NOT, THE APPLICANT AND THE SURROUNDING LANDOWNERS CAN CONTINUE TO TRY TO WORK OUT A DEAL. YOU CAN TRY TO CONTINUE TO WORK OUT THE EASEMENT ISSUE. I DON'T THINK THAT YOUR ZONING SHOULD BE HELD CAPTIVE. YOU COULD USE THE PROPERTY IN A MANNER AS IT'S CURRENTLY ZONED WHERE THEY COULD NOT USE THEIR EASEMENT AND YOU COULD ALSO USE IT IN A MANNER IN OF THE NEW ZONING THAT WOULD ALSO INTERFERE WITH THEIR EASEMENT. SO THAT'S WHY I'LL BE SUPPORTING IT. COMMISSIONER GIBBONS, IT'S NOT UNUSUAL TO HAVE ILSS OR C THREES IN INDUSTRIAL PARK AREAS. A LOT OF THESE BUILDINGS ARE ALREADY OPERATING PRETTY MUCH UNDER C THREES, SO [00:15:01] YOU HAVE A LOT OF TRAFFIC ON THIS PARTICULAR STREET JUST DUE TO THE NORTHEAST, UM, INDEPENDENT SCHOOL DISTRICT OFFICES. UH, SOME OF THE OTHER RETAIL, MY BUSINESS IS AN INDUSTRIAL PARK NEAR THE AIRPORT. A LOT OF THE INDUSTRIAL TYPE MANUFACTURINGS HAVE GONE AWAY. A LOT OF THEM ARE BECOMING ACTIVE, UH, PARTICIPATING. ONE OF 'EM IS A COFFEE SHOP, WHICH GETS A LOT OF TRAFFIC. SO I DON'T THINK THIS IS PECULIAR. I THINK THIS IS THE WAY A LOT OF THESE OLDER INDUSTRIAL PARKS ARE GOING TO REVITALIZE THEM BACK TO SOME MORE ACTIVITY ON THE STREET. THIS IS YOUR LAND. I THINK IT SHOULD BE APPROVED. ANY DISCUSSION? COMMISSIONERS ON MY RIGHT. COMMISSIONER ROMEO? UH, I WILL NOT SUPPORT THE MOTION. UM, IT, FIRST OF ALL, IT DOESN'T HAVE ANYTHING TO DO WITH AN EASEMENT, AND I DON'T THINK WE NEED TO KEEP TALKING ABOUT HOW MUCH TIME THEY NEED TO FIGURE OUT THE EASEMENT. THAT'S A SIDE ISSUE ON THIS. UM, I THOUGHT MR. BROWN'S DISCUSSION WAS PRETTY COMPELLING, UH, BASED ON SOME PLANNING PRINCIPLES AND I NEVER QUITE UNDERSTOOD THAT BACKGROUND ABOUT L AND I NEVER REALLY UNDERSTOOD WHY, UM, CAR SALES ARE ALLOWED IN L DISTRICT AND THE NEIGHBORS ARE VERY OPPOSED TO IT, AND THEY'VE BEEN HERE THREE TIMES NOW AND JUST DOESN'T, JUST DOES NOT APPEAR LIKE A, A GOOD LOGICAL IDEA TO ME. ANY FURTHER DISCUSSION? COMMISSIONERS ON MY RIGHT? UH, OF COURSE. COMMISSIONER WHITE. YEAH, I JUST WANT TO SAY THAT I AGREE WITH, UM, COMMISSIONER FROM DISTRICT EIGHT, MS. ROMERO. I THINK WE'VE GOTTA TAKE INTO ACCOUNT IN THIS PARTICULAR CASE, UH, THE SURROUNDING BUSINESS, UM, COMMUNITY. AND IT DOESN'T LOOK TO ME LIKE, LIKE THIS IS A GOOD FIT FOR THE AREA. SO, UM, I'M NOT GONNA BE SUPPORTING THE MOTION EITHER. THANK YOU. UH, DISCUSSION IS NOW CLOSED. WE CURRENTLY HAVE PENDING A MOTION TO RECOMMEND APPROVAL. ROLL CALL VOTE. COMMISSIONER GIBBONS? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? NO. COMMISSIONER SIPES? NO. COMMISSIONER ROMERO? NO. COMMISSIONER MCDANIEL? NO. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSANTE. NO. MOTION FAILS. ALRIGHT, IS THERE A MOTION FOR RECONSIDERATION FROM A COMMISSIONER WHO WAS ON THE LOSING SIDE? THAT'S A MEAN WAY OF SAYING IT. THE OPPOSED SIDE OF THE PREVIOUS MOTION, AND IF NOT, THERE'S NO MOTION TO RECONSIDER. THIS JUST MOVES FORWARD AS, UM, A DENIAL FOR LACK OF A MOTION. HEARING NONE, HEARING NONE MOVES FORWARD AS A DENIAL FOR LACK OF A MOTION. THANK YOU. NEXT ITEM, PLEASE. GOOD AFTERNOON. PATRICIA FRANCO ZONING LOCATED AT 3 3 2 EAST FEST. ITEM SIX IS A REQUEST TO CHANGE ZONING FROM R SIX TO R 3 38. NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET ZERO. RETURNED IN FAVOR, FIVE, RETURN IN OPPOSITION. AND THE LOAN STAR NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THE EXISTING R SIX SINGLE FAMILY RESIDENTIAL BASED ZONING IS AN APPROPRIATE ZONING DISTRICT FOR THE SURROUNDING PREDOMINANTLY SINGLE FAMILY ZONED NEIGHBORHOOD. THE PROPOSED R THREE IS UNSUITABLE TO THE AREA AND WOULD INTRODUCE INCREASED DENSITY MID-BLOCK RATHER THAN AT A CORNER OR INTERSECTION WHERE THIS DENSITY IS MORE APPROPRIATE. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. VERY GOOD. UH, IF THE APPLICANT OR APPLICANT'S REPRESENTATIVE WOULD COME UP, PLEASE. GOOD AFTERNOON, COMMISSIONERS. PATRICK CHRISTENSEN, THREE 10 SOUTH ST. MARY'S, SUITE 2,700. I'M GONNA APOLOGIZE TO THE COMMISSIONERS WHO ARE HERE TWO WEEKS AGO. I'LL JUST GO AHEAD THROUGH, GO THROUGH MY WHOLE PRESENTATION SINCE SOME OF THE COMMISSIONERS PRESENT NOW, WERE NOT PRESENT THEN I HAD A POWERPOINT, BUT, UH, , WE'LL SEE IF THEY CAN FIND IT. UM, BUT BASICALLY I'M A LITTLE BEGIN WITH A LITTLE FLUMMOX THAT STAFF'S RECOMMENDING DENIAL BECAUSE MY REQUEST FOR R THREE LOTS IS COMPLETELY CONSISTENT WITH THE COMMUNITY PLAN FOR THIS AREA. YOU KNOW, THAT'S HOW WE, YOU KNOW, ATTORNEYS AND AND REPRESENTATIVES OF DEVELOPERS MAKE OUR DECISIONS ON WHAT'S A, A WORTHWHILE APPLICATION [00:20:01] TO FILE FOR A PROPERTY OR NOT, IS BASED ON THOSE COMMUNITY PLANS THAT ARE OF COURSE APPROVED BY THE NEIGHBORHOODS AND BY CITY COUNCIL. SO IF STAFF'S GONNA START JUST WILLY-NILLY DECIDING WHAT SHOULD CONSISTENT WITH THE PLAN AND WHAT'S NOT BASED ON JUST, UM, VARIOUS SUBJECTIVE FACTORS THAT KIND OF MAKES THESE COMMUNITY PLANS A LITTLE WORTHLESS. BUT BASICALLY WHAT WE'RE ASKING FOR HERE IS R THREE. WE DID NOT ASK FOR I D Z OR ANYTHING VERY INTENSE. WE, UH, BELIEVE THAT FIVE SINGLE FAMILY HOMES ON THIS PROPERTY, THE VACANT LOT THERE, UM, IS NOT TOO INTENSE. UH, WE'VE GOT R FOUR JUST BEHIND US ON THE OTHER SIDE OF THE, OF WHAT'S BASICALLY A GREEN BELT BACK THERE. IT USED TO BE A RAILROAD SPUR. THIS, THE DISTRICT FIVE IS IN THE LAST BOND CYCLE. ACTUALLY REQUESTED SOME MONIES TO DO A LINEAR, A LINEAR TRAIL THERE, BUT THE MONEY DID NOT COME THROUGH. I BELIEVE THEY'RE GONNA TRY AGAIN AT THE NEXT, NEXT, UH, BOND PROCESS. BUT THIS IS WHAT WE'RE ASKING FOR HERE. IN MEETING WITH THE LE BACA NEIGHBORHOOD, THEY WERE SPECIFIC THAT WE DO CARPORTS THAT UH, THE STRUCTURES NOT BE ATTACHED, THAT THEY BE INDIVIDUAL, SINGLE FAMILY STRUCTURES. AGAIN, JUST REMINDING YOU ABOUT THE COMMUNITY PLAN CLEARLY SAYS THAT, YOU KNOW, THE LOW DENSITY MIXED USE ALLOWS 18 UNITS PER ACRE, 25 UNITS PER ACRE, 33 UNITS PER ACRE. UH, SINGLE FAMILY SHOULD CERTAINLY BE APPROPRIATE THERE. UM, THERE'S A LETTER FROM LONE STAR JUST SHOWING THEIR SUPPORT. I'LL RESERVE SOME REBUTTAL TIME. I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE, BUT WE'RE, AGAIN, WE'RE JUST ASKING FOR FIVE SINGLE FAMILY HOMES HERE. THANK YOU. ALRIGHT, THANK YOU MR. CHRISTENSEN. ANY CITIZENS TO BE HEARD OR PEOPLE WHO WANT TO SPEAK ON THIS PROJECT? YES, SIR. ROB SHAW, FOLLOWED BY MIKE CRAFT. HI, GOOD AFTERNOON. UH, SHAW, I'M SORRY, ROB SHAW, 4 1 8 EAST FEST, THE LOT, UM, TO THE EAST. UM, AND JUST FOR THE RECORD, THE LONE STAR ASSOCIATION IS NOT AN APPROVAL. THEY WITHDREW THEIR APPROVAL, JUST SO YOU KNOW. UM, THAT WAS AN ERROR. UM, AND WITHDREW THEIR LETTER. UH, WE HAD A, A MEETING, UM, WITH THE LONE STAR ASSOCIATION, UM, AND ALL OF THE NEIGHBORS ON FEST TOOK A VOTE AND NO ONE WAS IN APPROVAL OF THE R THREE. UM, CHANGE. UM, I HAVE THE VOTE HERE THAT I CAN GO THROUGH. UM, AT 3 4 1, UM, EAST FESTS, SHE WAS NOT AN APPROVAL. UM, JOHN POLLER AT 3 3 1 EAST FESTS WAS NOT AN APPROVAL. MATT LEWIS AT 4 2 6 EAST FEST, NOT AN APPROVAL. MATT MEAL AT 3 2 9 EAST FEST, NOT AN APPROVAL. UH, LEO IC AT 3 27 EAST FEST, NOT AN APPROVAL. UM, AND 4 1 8 ME AT EAST FEST. NOT AN APPROVAL, UM, FOR REASONS OF COMPROMISE, SOME PEOPLE SAID THEY WOULD BE OKAY WITH FOUR UNITS POSSIBLE R FOUR. UM, I'D LIKE TO SEE IT STAY R SIX AS IT IS, UM, AND HAVE THREE HOUSES BUILT THERE. UM, I WOULD BE WILLING TO SEE FOUR 30 SECONDS. UM, FOR THE SAKE OF COMPROMISE, I'M NOT ANTI-DEVELOPMENT. I WANT TO SEE IT DEVELOPED AS MUCH AS ANYONE. I JUST WANT IT TO BE COMPATIBLE WITH THE NEIGHBORHOOD. UM, IT'S ZONED FOR LOW DENSITY. THERE IS MEDIUM DENSITY ON CLAY. THERE IS R FOUR ON LA CHAPPELLE AND IT'S A DEAD END STREET. THAT'S R SIX. THANK YOU MR. THANK YOU. MIKE CRAFT, FOLLOWED BY STEPHANIE SHEARER. HI MIKE CRAFT 3 2 6 EAST FEST STREET, UH, IMMEDIATELY WEST ADJACENT TO THE PROPERTY. UM, I'VE BEEN THERE FOR 35 YEARS AND IT WAS A GREAT PLACE TO RAISE MY KIDS. UH, YOU KNOW, AND, UH, WE'D LIKE TO REMAIN THE AMBIANCE TO REMAIN NEARLY THE SAME IF POSSIBLE. AND FIVE DWELLINGS AND 40 YARDS OF, YOU KNOW, HALF A FOOTBALL FIELD AT. THAT IS THREE STORY AT THAT. AND THAT'S REALLY GONNA CHANGE, I THINK THE AMBIANCE OF THE THIS NICE DEAD END STREET. UM, I'M JUST COMPELLED TO SAY THAT IT REALLY FEELS LIKE SPOT REZONING. UM, I JUST, UH, YOU KNOW, I DON'T HAVE MUCH TO SAY OTHER THAN TO, UH, YOU KNOW, A FOR A PLEA, UH, TO, YOU KNOW, UH, TRY AND, UH, KEEP IN MIND THE, UH, THE TYPE OF NEIGHBORHOOD THAT IT IS. I MEAN, FAIRLY CLOSE TO DOWNTOWN YET. [00:25:01] I MEAN, WE HAVE DEER AND, YOU KNOW, ALL JUST NICE, SOMETHING NICE SAN ANTONIO, VERY TYPICAL OF NICE SAN ANTONIO. UM, AND THAT'S REALLY ALL THERE'S TO THAT. SO I, I'D LIKE TO SEE JUST THREE. THANK YOU. STEPHANIE SHEER, FOLLOWED BY MICAH HARPER. STEPHANIE SHEER 4 1 8 EAST FEST. I'M PARTNERED WITH ROB AND, UH, WE BOUGHT THE LOT IN JUNE. UM, AND HAVE GOTTEN TO KNOW THE NEIGHBORS THROUGH THIS PROCESS AND REALLY APPRECIATE THAT ACTUALLY. UM, THE, AS ROB SAID, WE HAD A MEETING WE ASKED BECAUSE NONE OF THE PEOPLE ON FEST KNEW ABOUT THE MEETING THAT THEY HAD ORIGINALLY. SO WE ASKED THEM TO REDO THE MEETING. THEY SAID YES, WHICH WAS WONDERFUL. UM, CHRIS WAS THERE, WHO'S THE DEVELOPER, WE ALSO MET WITH HIM PRIVATELY AND SAW HIS PLANS. WE WANT HIM, WE WANT HIM TO DO THE PROJECT. WE WOULD LIKE IT TO BE THREE, UH, UNITS, UM, THREE HOMES. THAT'S CONSISTENT WITH THE R SIX. SO WE JUST, WE WANT HIM TO DO IT, JUST NOT, UM, DO THE ZONING. R THREE. UM, AND THE REASON IS REALLY WHAT WE WERE, WHAT WE'VE BEEN TALKING ABOUT, WHICH IS THIS IS A MID-BLOCK SITUATION AND IT, IT'S ALSO A DEAD END. SO IT'S REALLY TO DO WITH RAISING THE DENSITY THERE BY A COUPLE OF HOMES. ACTUALLY FEELS LIKE A LOT TO THOSE OF US WHO LIVE THERE. SO WE HAD NINE PEOPLE ON FEST AT THAT MEETING. THEY WERE ALL AGAINST THE ZONING CHANGE. MOST OF THEM COULDN'T BE HERE DUE TO WORK. THANK YOU. MICAH HARPER FOLLOWED BY DAVID ROBERTSON. HI, MICAH HARPER. 3, 2 6, CLAY STREET, NUMBER 1 0 1. SO I LIVE IN THE NEIGHBORHOOD AND I AM A MEMBER OF THE ARCHITECTURAL CONTROL COMMITTEE FOR THE NEIGHBORHOOD. AND JUST TO CONFIRM, WE DID HAVE THAT MEETING. WE MET WITH THE DEVELOPER, SPOKE WITH THEM, THE NEIGHBORHOOD COMPROMISED AT FOUR UNITS. THEY THOUGHT THAT WAS KIND OF A LOT, BUT PROBABLY AN ACCEPTABLE NUMBER. UH, THREE WOULD BE PREFERABLE. FIVE IS IS JUST TOO MANY FOR THAT STREET. UH, FOR THE REASONS KIND OF ALREADY ARTICULATED. BUT I DID WANNA SAY THE NEIGHBORHOOD WE DID WITH WITHDRAW SUPPORT. WE DID NOT COME BACK IN WITH ANY KIND OF LETTER AFTER THAT. UM, JUST WANTED TO GIVE THE VOTES TO YOU GUYS, WHICH WERE READ INTO THE RECORD A MINUTE AGO ABOUT HOW THE NEIGHBORHOOD FELT ABOUT IT. THANK YOU VERY MUCH. THANK YOU. MR. ROBERT. DAVID ROBERTSON. YEAH, MY NAME'S DAVID ROBERTSON. I LIVE AT 3 2 6 CLAY. UM, I ALSO SERVE ON THE ARCHITECTURAL REVIEW COMMITTEE FOR LONE STAR AND JUST TO BEAT A DEAD HORSE. UM, WE, WE CAME AT THE FIRST ZONING MEETING THAT YOU GUYS WENT TO, I GUESS IT WAS ABOUT TWO WEEKS AGO. UM, THAT'S WHEN WE GOT CAUGHT, UH, KIND OF CAUGHT WINDOW OF WHAT WAS GOING ON. AND AT THE LONE STAR ASSOCIATION MEETING, WHICH FOLLOWED, I BELIEVE THE NEXT DAY ON THE 17TH. UM, WE BROUGHT IT UP AT THE END OF THE MEETING AND NO ONE THAT WAS, WELL I SAY NO ONE, THERE'S ABOUT THREE OR FOUR PEOPLE AT THE MEETING THAT ACTUALLY KNEW ABOUT THE PROJECT. AND SO, UM, LIKE STEPHANIE SAID, WE ASKED IF WE COULD JUST, UH, MEET WITH THE DEVELOPERS SO WE RESCHEDULED. UM, UH, A COUPLE OF THE NEIGHBORS WENT OUT AND DID SOME DOOR KNOCKING AND WE ACTUALLY HAD A NICE TURNOUT, UH, 2025 PIZZA OR PEOPLE THAT WE MET OVER AT JIMMY'S PIZZA AND THE DEVELOPERS KIND ENOUGH TO SHOW UP, TALK ABOUT HIS PROJECT. AND BECAUSE OF THE ZONING, UM, ON THE BACKSIDE OF R FOUR AND ACROSS THE STREET BEING R SIX, UM, WE GAVE RECOMMENDATION TO ASK THE DEVELOPER TO DOWN ZONE IT TO R FOUR. AND WE FELT IT WOULD PROVIDE MORE OF A NEIGHBORHOOD FEEL INSTEAD OF HAVING UNITS THAT ARE 20 FEET WIDE WITH NO FRONT DOOR, IT WOULD ALLOW HIM TO BUILD A LITTLE WIDER UNIT, UM, AND MAKE THE HOMES LOOK MORE FITTING TO THE NEIGHBORHOOD. THANK YOU. THAT'S ALL I HAVE SIGNED IN TO SPEAK. APPLICANT'S REPRESENTATIVE COME FOR REBUTTAL, WHICH IS LIMITED TO TWO MINUTES CORRECT STAFF. THANK YOU. LIMITED TO TWO MINUTES. A NEW RULE. UH, PATRICK CHRISTENSEN, AGAIN, UM, WAS NOT AWARE OF THE NEIGHBORHOOD. I MEAN MY CLIENT WAS THERE AT THE MEETING. THEY DID NOT SEND ME ANYTHING SAYING THEY WERE WITHDRAWING THEIR SUPPORT OR THEY WERE JUST NEUTRAL IN THE PROCESS. SO PLEASE FORGIVE ME IF I MISSTATED. UM, BUT AS I SAID, UH, WE STILL FEEL THAT OUR FIVE IS APPROPRIATE HERE. IT HAS A LITTLE BIT TO DO WITH AFFORDABILITY FOR THE COMMUNITY. UM, AND I WOULD RESPECTFULLY REQUEST YOUR SUPPORT AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU MR. CHRISTENSEN. ALRIGHT, UH, AS THIS IS DISTRICT FIVE, THIS IS ONE OF MY ITEMS. UH, I DO HAVE, UH, SOME QUESTIONS FOR STAFF, UH, MS. FRANCO. ALRIGHT. ONE THING THAT WE'VE HEARD ABOUT IS THE APPLICANT IS REQUESTING R THREE. NOW THE APPLICANT HAS STATED THAT THEY WOULD ONLY PUT FIVE UNITS ON THERE, BUT AS OF RIGHT, HOW MANY UNITS COULD THEY PUT ON THERE BY? RIGHT. THE LOT OF 18,720 [00:30:01] SQUARE FEET DIVIDED BY THE 3000 FOOT, UH, SQUARE FOOT MINIMUM OF R THREE WOULD PROVIDE FOR SIX UNITS OR LOTS PER BY. RIGHT. UM, AND I THINK SOME PEOPLE HAVE SAID THAT R SIX WOULD ALLOW FOR THREE UNITS. IS THAT CORRECT? YES, THAT'S CORRECT. THEN R FOUR WOULD LIMIT THEM TO THE FOUR UNITS. UH, IT WOULD BRING TO 4.6, SO IT WOULD LIMIT THEM TO FOUR FOUR LOTS. FIVE WE ROUND UP. SO IF IT'S 4.6 IT WOULD BE FIVE UNITS, BUT IT'S UM, A LOT SIZE MINIMUM OF 4,000 SQUARE FEET. SO IF IT'S ONE WOULD BE A A MINIMUM, UH, A SUBSTANDARD LOT, WE'RE TAKING 18,720 DIVIDED BY 4,000 TO GET 4.6 LOTS. SO IT COMES OUT TO 3.12, WHICH IS THREE LOTS AT A 6,000 SQUARE FOOT LOT SIZE. NO, WE'RE TALKING ABOUT R FOUR NOW, NOT R SIX, EXCUSE ME. 4.6 RESULTS IN FIVE. WELL I DO HAVE A POINT OF INFORMATION THEN. AS MS. FRANCOS POINTED OUT THAT EACH LOT HAS TO BE AT LEAST 4,000 SQUARE FEET. IT WOULD SEEM THAT FOUR WOULD BE THE APPROPRIATE UNITS BY RIGHT IN R FOUR. IF THEY SUBDIVIDED TO MEET 4,000 SQUARE FEET EACH, THEN THEY GET ONE UNIT PER LOT AND WE'RE JUST, WE'RE ROUNDING NUMBERS. AND SO THIS IS WORKING WITH WHAT IS RECORDED IN B C A. BUT ONCE THEY DO A SURVEY AND A PLATT, THEN YOU'LL HAVE MORE EXACT DESCRIPTION. THEY MIGHT MEET 4,000 FOR FIVE LOTS AND WE'RE WORKING WITH WHAT'S IN B, C, D, BUT PRESUMING B C AD'S CORRECT. AT 18,700 AND EACH LOT HAS TO BE 4,000, THEN FOUR IT WOULD, IT WOULD BE LIMITED TO FOUR. LIMITED TO FOUR AND THEY'D BE EACH BE, PRESUMABLY IF THEY DIVIDED EQUALLY, THEY'D EACH BE SLIGHTLY OVER 4,000 SQUARE FEET. ALRIGHT. UM, MR. CHRISTENSEN, I DO HAVE SOME QUESTIONS. THANK YOU. THAT'S FINE. FIELD NOTES WITH THE APPLICATION, SO WE KNOW HOW BIG THE LOT IS. SO HOW BIG IS THE LOT ACCORDING TO YOUR FIELD NOTES? EXCUSE ME. WELL, OR NOT REMEMBER THEY'VE GOT THE GOT 'EM IN THE APPLICATION, BUT I KNOW IT'S PRETTY CLOSE TO 18,000 SQUARE FEET. OH, SORRY. PUTS IT AT ACRES 0.4, FOUR ACRES. I'M GONNA DO SOME MATH HERE. 17,424. ALRIGHT. UM, NOW ONE THING I, I TOUCHED ON THIS SOME I THINK LAST TIME, BUT YOU KNOW, YOU MENTIONED THAT YOU DIDN'T PICK I D Z, CORRECT? CORRECT. AND SO, YOU KNOW, YOU COME IN HERE TODAY AND SAID FIVE UNITS, UH, BUT IN FACT IF WE LOOK, IF WE DO THE SAME MATH FOR AN R THREE, YOU COULD BUY, RIGHT? OR THE DEVELOPER COULD BUY RIGHT. PUT SIX UNITS ON THERE AND HAVE TO DO THE MATH. BUT IF YOU'RE TELLING ME YES, THEN YES, I BELIEVE THAT'S CORRECT. IN LIGHT OF, OF, UM, THE R THREE ZONING, WE AVOIDED THE I D Z BECAUSE SOME NEIGHBORHOODS NOW ARE, ARE HAVE SOME ISSUES WITH I D Z. PEOPLE ARE ALWAYS TRYING TO PACK IT IN. THAT'S THE, WE DECIDED WE CAN, AND I DON'T WANT TO GO INTO TOO MUCH DISCUSSION, BUT I THINK IN THIS CASE, YOU KNOW, THE LONE STAR CHANGE IS, IS ONE CONSIDERATION, BUT YOU KNOW, I D Z GIVES US MORE CONTROL OVER WHAT'S THERE, GIVEN THE 10% VARIANCE THAT'S ALLOWED THERE BY RIGHT. BUT ALSO STICKING AN APPLICANT TO A FLOOR PLAN. UM, NOW IT SOUNDS LIKE, YOU KNOW, MAYBE THERE'S A LOT OF OPPOSITION TO R THREE, BUT YOU KNOW FROM THE TWO REPRESENTATIVES WHO ONE, WHO'S I THINK CURRENTLY ON THE ARCHITECTURAL CONTROL COMMITTEE AND ANOTHER WHO WAS PREVIOUSLY, UM, IT SOUNDS LIKE FOUR AND MR. SHAW, IT SOUNDS LIKE FOUR MIGHT BE POSSIBLE HERE. WOULD YOU BE WILLING TO AMEND TO AN R FOUR? YES, WE'LL AMEND TO AN R FOUR CONCERNING WHAT THE NEIGHBORHOOD IS SUGGESTING AND THEY WITHDRAW THEIR SUPPORT FOR R FIVE. I THINK THAT'S PROBABLY THE RIGHT THING TO DO. THANK YOU. UH, ANY FURTHER QUESTIONS? COMMISSIONERS ON MY LEFT? GIBBONS, UH, COULD YOU ELABORATE MORE ON THE AFFORDABILITY [00:35:01] OF WHY YOU WANTED TO BUILD UNDER THE R FIVE AND WILL YOU STILL BE ABLE TO MEET THE AFFORDABILITY? COULD YOU JUST TALK A LITTLE BIT MORE ABOUT THAT? IS THAT WHAT IS NEEDED ON THAT STREET? ARE THESE UH, THAT'S MY QUESTION. THE STREET IS INTERESTING. I MEAN, THEY'VE GOT EVERYTHING FROM BRAND NEW, UM, VERY NICE STRUCTURES TO SOME OLDER STRUCTURES THAT WERE PROBABLY BUILT BEFORE WORLD WAR II THAT ARE IN PRETTY BAD SHAPE. SO IT'S KIND OF A COMPLETE MIXTURE. UM, YOU KNOW, AND TALKING TO THE COUNCILWOMAN, SHE OF COURSE IS ALL ABOUT AFFORDABILITY. UM, SHE'S NOT OPPOSED TO TO LUXURY UNITS BY ANY MEANS, BUT SHE IS CONCERNED ABOUT AFFORDABILITY, DISTRICT FIVE BEING DISTRICT FIVE. UM, SO THAT'S WHY, YOU KNOW, WE, YOU KNOW, WE ALWAYS MEET WITH THE COUNCIL PERSON BEFORE WE FILE A CASE. WE TALK TO HER ABOUT IT AND IT JUST CHANGES YOUR PRICE POINT. YOU PAY X AMOUNT FOR THE LAND, IT'S JUST SIMPLE MATH. THEN AS YOU, THE LOTS GET LARGER, THE PRICE IS GONNA GO UP AND THAT'S JUST, THERE'S NOTHING WE CAN DO ABOUT THAT. THAT'S JUST THE WAY, IT'S, THAT'S WHY WE, ANOTHER REASON WHY WE APPLIED FOR THE FIVE, BUT FOUR IS BETTER THAN THE TWO WE HAVE NOW. BUT WOULD I, WOULD I THINK THAT THAT'S AN AFFORDABLE LOOKING HOUSE COMPARED TO WHAT'S EXISTING THERE, WHAT YOU'RE GOING TO PUT THERE? IS IT SIMILAR TO WHAT'S ACROSS THE STREET? I WOULD, I LOOK AT THAT HOUSE AND DON'T THINK AFFORDABILITY NECESSARILY. SO YOU'RE IMPROVING THE NEIGHBORHOOD THEN? WELL, I MEAN, AGAIN, IT'S ALL RELATIVE. UH, THE HOMES ACROSS THE STREET ARE, ARE, ARE A HIGHER PRICE POINT THAN WHAT, WHAT WE WOULD BE BUILDING AT, AT 4,000 SQUARE FOOT. LOTS FOR SURE. I MEAN, IT'S A 6,000 SQUARE FOOT LOT ACROSS THE STREET AND THEY'RE, THEY'RE VERY LARGE LUXURIOUS HOMES. UM, SO THAT BEING SAID, IT'D BE EASIER TO SELL AT A PRICE POINT OF FOUR LOTS VERSUS TWO. MUCH EASIER. THANK YOU. MORE AFFORDABLE. ALRIGHT, ANY FURTHER QUESTIONS FROM COMMISSIONERS ON MY LEFT? COMMERS ON MY RIGHT QUESTIONS, COMMISSIONER, JUST WANTED TO MAKE SURE THAT, I GUESS IT'S A QUESTION FOR YOU. SO YOU'RE SAYING THAT WE HAVE, YOU'RE COMFORTABLE NOW WITH R FOUR WOULD GIVE FOUR UNITS. I'M COMFORTABLE THAT R FOUR WOULD GIVE FOUR UNITS BY RIGHT. UM, ALRIGHT, SEEING NO FURTHER QUESTIONS, UM, THIS IS A, A DIFFICULT SITUATION. YOU KNOW, IT WAS PROCEDURALLY COMPLEX AS WE SAW WITH SORT OF THE LONE STAR DISCUSSION, UH, THE VARIOUS FEST STAKEHOLDERS THEMSELVES. UM, I HAD AFTER OUR LAST MEETING SOME CONCERNS REGARDING THE ABILITY TO POTENTIALLY PACK, YOU KNOW, MAYBE SIX UNITS INTO THAT LOT IF WE WERE TO HAVE AWARDED OR TO HAVE RECOMMENDED APPROVAL OF R THREE, UH, ZONING. UH, BUT IN LIGHT OF THE CONVERSATION TODAY AND IN LIGHT OF WHAT THE AMENDMENT MADE BY THE APPLICANT'S REPRESENTATIVE TO R FOUR, I'M GOING TO MOVE TO RECOMMEND APPROVAL AS AMENDED FOR ITEM NUMBER SIX. SECOND, THERE IS A MOTION AND A SECOND DISCUSSION. COMMISSIONER ON MY LEFT DISCUSSION, COMMISSIONER'S ON MY RIGHT. HEARING NONE. ROLL CALL VOTE. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. AND COMMISSIONER BUSANTE. AYE. MOTION PASSES. NEXT ITEM PLEASE. NEXT ITEM ITEM NUMBER EIGHT ON UH, 22 34, 22, 35, 22 38 SOUTH LAREDO STREET GOING FROM I ONE R I TWO, HEAVY INDUSTRIAL TO C ONE CD COMMERCIAL WITH CONDITIONAL USE FOR MOTOR SALE. FULL SERVICE. 37 NOTICES WERE SENT OUT. SEVEN IN FAVOR. ZERO OPPOSED. COLIN GARDEN'S NEIGHBORHOOD ASSOCIATION AND THE HISTORIC WEST SIDE NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND NINE OTHER RESIDENTS IN FAVOR. UM, STAFF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACT ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE. THE PROPOSED LAND USE IS NOT CONSISTENT WITH THE FUTURE LAND USE DE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERNS OF THE SURROUNDING AREA. THE PROPOSED COMMERCIAL USE IS NOT SUITABLE FOR MID-BLOCK NOR PREDOMINANTLY LOW DENSITY RESIDENTIAL AREA. STAFF HAS RECOMMENDED DENIAL AND THE APPLICANT IS AVAILABLE. ALRIGHT, WILL THE APPLICANT COME UP PLEASE? HELLO? UH, MY NAME IS DAISY RAMIREZ, 2234 AND 2238 RO UM, I'LL BE TALKING ON BEHALF OF MY FATHER, JUAN RAMIREZ. UM, WE ARE WANTING TO REIL THIS PROPERTY. UM, IT'S A, IT WILL BE A CAR SERVICES. I'M NOT REALLY GOOD WITH THE TERMS OF [00:40:01] I TWO AND ALL THAT KIND OF STUFF. UM, BUT IT'S A, IT'S A REALLY SMALL FAMILY BUSINESS, SO IT'S NOTHING HUGE WHERE YOU'LL BE SEEING LIKE, I GUESS A BIG INDUSTRIAL, UM, BUSINESS. THERE WILL BE NO DEMOLITIONS OF THE BUILDINGS, NO NEW BUILDINGS, NOTHING LIKE THAT. WE'VE ACTUALLY FIXED THE STRUCTURES THAT HAVE ALREADY BEEN THERE. UM, WE PUT FENCES BECAUSE THERE WAS NO FENCES. THE PROPERTY WAS ABANDONED OF THE, THE PREVIOUS, UM, OWNER DIDN'T REALLY TAKE CARE OF IT. SO THERE WAS GRASS AND TRASH AND PEOPLE WOULD JUST COME IN AND OUT AND SLEEP AND DO THOSE, UM, TYPE OF THINGS. UM, WE HAVE ADDED FENCING AND WE HAVE ADDED, UM, JUST TO PROTECT THE, UM, THE PROPERTY. WE HAVE TALKED TO THE NEIGHBORS EVEN BEFORE STARTING THE PROCESS. UM, EVEN I HAVE LIKE A LIST OF THEIR NAMES, THEIR SIGNATURES, THE ADDRESS, THEY'VE ALL BEEN APPROVED. UM, AND THEN COUNTING THE ONES THAT YOU GUYS SENT OUT, UM, I'VE TALKED TO BOTH OF COLIN GARDENS AND ALSO THE HISTORIC AND THEY'VE ACTUALLY SEE IT AS AN IMPROVEMENT. UM, LIKE I SAID, IT'S A FAMILY BUSINESS. IT'S NOTHING HUGE. I DON'T KNOW WHAT ELSE TO SAY. . THANK YOU. THANK YOU MS. RAMIREZ. UH, ANYONE TO SPEAK ON THIS PROJECT? BRADY ALEXANDER. ANYONE ELSE TO SPEAK ON THIS PROJECT? NO, SIR. UM, THANK YOU TO MR. RAMIREZ. UM, IF YOU WOULD STAY THERE FOR ONE SECOND, UM, STAFF, BECAUSE THIS IS A, UH, CONDITIONAL USE, CORRECT? THERE ARE RESTRICTIONS THAT ARE AVAILABLE. COULD YOU GO OVER THOSE CONDITIONS? EXCUSE ME? NOT RESTRICTIONS, CONDITIONS. CONDITIONS. CORRECT. BUT AGAIN, ARE ONLY TIED TO THIS PARTICULAR CONDITIONAL USE. NOT ANY OTHER USE THAT WOULD BE ALLOWED BY WRIGHT IN THE BASE DISTRICT. AND MERKEL, YOU, IF YOU WANNA COVER SOME OF THOSE CONDITIONS THAT CAN BE COVERED. UH, SOME OF THE COMMON ONES ARE HOURS OF OPERATION, UM, ADDITIONAL SETBACKS, UM, SIGNAGE, STUFF LIKE THAT. THAT'S WHAT WE'VE SEEN. ADDITIONAL BUFFERS, SCREENING BUFFERS, THINGS LIKE THAT. NO AMPLIFIED SOUND CORRECT, THINGS OF THAT NATURE. OKAY. BUT IT, FOR THE APPLICANT, UM, YOU KNOW, ONE CONCERN IS, YOU KNOW, THIS IS A, A PRETTY SIGNIFICANTLY AND CONSISTENTLY, UM, RESIDENTIAL AREA. IS THAT FAIR? OKAY. UM, AND SO YOU'VE SAID THAT YOU'VE REHABBED THE BUILDINGS THAT ARE IN PLACE AND YOU DON'T ANTICIPATE, UM, PUTTING NEW BUILDINGS, NOTHING LIKE THAT. JUST KEEPING HOW IT IS. JUST CLEANING IT UP, I GUESS. . OKAY. UH, ARE THERE TREES ON THE PROPERTY? THERE IS TWO. THERE USED TO BE TWO. ONE OF THEM FELL DURING THE THUNDERSTORM AND ACTUALLY CRASHED THE FENCE AND WE HAD TO FIX IT. UM, BUT YEAH, THERE ISN'T ANY TREES. UM, NOW A QUESTION FOR STAFF AGAIN. NOW, GIVEN THAT THE BASE ZONING IS, UH, C ONE, WHAT IS, WHAT ARE THE, WHAT'S THE ZONING NEXT TO IT? NEXT TO THE PROPERTY? THERE ARE R UH, PRETTY MUCH RESIDENTIAL R FOUR, I BELIEVE ONE I TWO ON THE, UH, SOUTHWEST. BUT THE REST OF IT'S SURROUND, THE IMMEDIATELY ADJACENT WOULD ALL BE R AND SO THE SETBACKS THAT ARE REQUIRED ARE THOSE BETWEEN C AND R? CORRECT. IS THAT FAIR? CORRECT. SO, ALRIGHT. UM, FOR THE APPLICANT, WHAT DO YOU ANTICIPATE YOUR HOURS OF OPERATION TO BE? UM, WELL MY FATHER HAS HAD HIS BUSINESS FOR OVER 20 YEARS, SO THIS IS, HE JUST BOUGHT A PROPERTY BECAUSE HE USED TO RENT AND IT'S REALLY EXPENSIVE, SO HE DECIDED TO GET HIS OWN PROPERTY. UM, SO USUALLY HIS HOURS ARE FROM 8:00 AM TO LIKE FIVE IN THE AFTERNOON. YOU ACCEPT. UM, WHAT ABOUT SATURDAYS? UM, SATURDAYS IT'S FROM 8:00 AM TILL THREE AND HE DOESN'T WORK SUNDAYS. I, I WERE TO PROPOSE AS A CONDITION OF THIS USE, UH, HOURS FROM EIGHT TO SIX, MONDAY THROUGH FRIDAY AND EIGHT TO THREE ON SATURDAY, UH, WITH NO HOURS OF OPERATION ON SUNDAY. MM-HMM. , WOULD THAT BE ACCEPTABLE? YEAH. YOU WOULD ACCEPT, UH, NO ADDITIONAL SIGNAGE AS A CONDITION? NO, NO SIGNS. NOTHING BIG OR NO DRAMATIC, NOTHING LIKE THAT? NO. NO AMPLIFIED SOUNDS? NO, WE UNDERSTAND IT'S A COMMUNITY AND WE DON'T WANT TO HAVE ANY PROBLEMS WITH THE RESIDENTS. UM, SO AS THEY'VE [00:45:01] ALL BEEN REALLY POSITIVE, WE'VE, UM, HAD A REALLY CONNECTION, GOOD CONNECTION WITH THEM. THEY ALWAYS COME OUT. THEY'VE, THEY'VE BEEN REALLY POSITIVE ABOUT IT. THANK YOU. I'M GONNA OPEN UP TO QUESTIONS FROM COMMISSIONERS ON MY LEFT. UH, WHAT ARE THESE ABANDONED RIGHT NOW? ARE THEY USED FOR ANY PURPOSE? I'M SORRY, WHAT WAS THAT? ARE THEY, THE BUILDINGS EXISTING THERE? WHAT ARE THEY, ARE THEY USED FOR? SO THEY'RE LIKE, UM, THE WORD, IT'S MORE LIKE SHELTERS. SO UNDER THERE HE JUST PUTS LIKE, I GUESS HIS CARS WHERE HE'LL BE DOING THE SERVICES. ANYTHING LIKE, UM, HIS, SO CURRENTLY HE STORES VEHICLES? YES. THERE. HE'S, HE'S SING THERE BECAUSE HE HAD TO TAKE EVERYTHING OUT FROM HIS OLD BUSINESS. OKAY. SO EVERYTHING IT WAS, IT'S IN THERE. ANYBODY ON THE STREET USE YOUR SERVICES? UM, NOT THAT I KNOW OF. I DON'T WORK THERE. I'M JUST TALKING FOR MY TENT. . ALL RIGHT, THANK YOU. SO NOT THAT I KNOW OF. ALRIGHT, THANK YOU. UH, COMMISSIONERS ON MY RIGHT. ANY QUESTIONS? OKAY. UM, THIS IS DISTRICT FIVE AND FOR THOSE OF YOU WHO HAVE BEEN HERE BEFORE, YOU'VE SEEN ME TAKE VERY STRONG POSITIONS AGAINST AUTO SALES, AUTO SERVICES IN DISTRICT FIVE. WE HAVE A GREAT NUMBER OF THOSE. UM, THAT BEING SAID, SHOULD YOU WANT THAT KIND OF USE IN DISTRICT FIVE, THIS IS A GOOD TEMPLATE FOR IT. THIS APPLICANT WENT AND SOUGHT NEIGHBORHOOD APPROVAL, SOUGHT NEIGHBORHOOD ASSOCIATION APPROVAL, GOT NEIGHBORHOOD ASSOCIATION APPROVAL ON BOTH. I UNDERSTAND, UH, THE STAFF'S RECOMMENDATION OF DENIAL. UM, HOWEVER, IN THIS CASE, IN LIGHT OF THAT SUPPORT FROM THE COMMUNITY, FROM THE IMMEDIATE COMMUNITY, UH, I'M GOING TO MOVE TO RECOMMEND APPROVAL OF ITEM NUMBER EIGHT WITH THE FOLLOWING CONDITIONS, HOURS OF OPERATION MONDAY TO FRIDAY, EIGHT TO 6:00 PM SATURDAY, EIGHT TO THREE, NONE ON SUNDAY, NO ADDITIONAL SIGNAGE AND STAFF. IF I NEED ADDITIONAL INFORMATION ON THAT, PLEASE LET ME KNOW. AND NO AMPLIFIED SOUND. NO ADDITIONAL SIGNAGE FROM WHAT. SO, UM, SO I THINK, AND FORGIVE ME, I SHOULD HAVE DONE THIS BEFOREHAND. LET ME CLARIFY MY MOTION. WE TYPICALLY TALK ABOUT CERTAIN TYPES OF SIGNAGE THAT IS NOT ALLOWED. CAN YOU REFRESH MY RECOLLECTION? UH, SO, UM, TEMPORARY SIGNAGE, THE WIND WAIVER FLAGS ALL OF THE, LIKE THE PENANT FLAGS. OKAY. THOSE ARE THE TYPES OF THINGS THAT WE'VE TYPICALLY DONE IN A, IN CONDITIONS. SO AS A CONDITION, I WILL SAY NO PENANT FLAGS, NO TEMPORARY SIGNAGE, NO WIND WAVING SIGNS, THINGS OF THAT NATURE. OKAY, THAT'S MUCH BETTER. IS THAT CLEAR? YES. ALRIGHT. SO SUBSTITUTING THAT CONDITION FOR THE NO ADDITIONAL SIGNAGE CONDITION, THAT IS MY MOTION. IS THERE A SECOND? SECOND. UH, DISCUSSION. COMMISSIONERS ON MY LEFT. DISCUSSION. COMMISSIONERS ON MY RIGHT. COMMISSIONER ROME. I DON'T KNOW HOW I'M GONNA VOTE ON THIS 'CAUSE IT SEEMS LIKE A REALLY GOOD BUSINESS AND I APPRECIATE EVERYTHING YOU SAID, BUT I'M SO UNCOMFORTABLE WITH THIS, UM, BECAUSE STAFF RECOMMENDED AGAINST IT PLANNING COMMISSION RECOMMENDED DENIAL. I REALIZE IT'S I TWO AND THAT'S WHAT MAKES IT SO HARD TO VOTE AGAINST THIS. AND I MAY NOT VOTE AGAINST IT, BUT IT'S I TWO, BUT IT DOESN'T SEEM LIKE ANYBODY'S EVER GOING TO USE IT AS I TWO. AND THE FACT THAT PLANNING COMMISSION DOES NOT WANNA MAKE THAT CHANGE TO NEIGHBORHOOD COMMERCIAL, PRETTY BIG DEAL FOR ME. UM, I THINK WE'RE DOING THE BEST WE CAN DO, BUT I'M NOT SURE I, I CAN SUPPORT IT. I DON'T KNOW. I HAVE REAL CONCERNS. WHAT ELSE ON MY RIGHT. ALRIGHT. UM, AND THANK YOU COMMISSIONER ROMEO OF OF COURSE, YOU'RE RIGHT. AND, AND THE I TWO ISSUE IS SOMETHING THAT ALSO WEIGHS HEAVILY THAT I DID OMIT. SO, UM, THANK YOU, UH, FOR THAT COMMENT. AND AT THIS POINT, HEARING NO FURTHER DISCUSSION, ROLL CALL, VOTE PLEASE. COMMISSIONER WHITE, UM, AS AMENDED. YES. COMMISSIONER CAYMAN? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. AND COMMISSIONER BUSTAMONTE. AYE. MOTION PASSES. [00:50:01] NEXT ITEM PLEASE. ALRIGHT. MICHAEL PEPE, PLANNER DEVELOPMENT SERVICES. THIS IS ITEM NINE, UM, LOCATED AT 1 3 8. HERMITAGE PLACE IS A REQUEST TO CHANGE THE ZONING FROM R FOUR CD WITH THE CONDITIONAL USE FOR A MOBILE HOME PARK. TWO MF 33 39 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. NONE WERE RETURNED IN FAVOR, ONE IN OPPOSITION. THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. STAFF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE IS NOT CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. IS THE APPLICANT PRESENT? HE WAS ONE LAST CALL FOR THE APPLICANT FOR ITEM NUMBER NINE. UM, BECAUSE THE CHAIR WHO REPRESENTS DISTRICT THREE IS NOT PRESENT TODAY. UH, COMMISSIONER MCDANIEL. SO AGAIN, ONE LAST CALL FOR THE APPLICANT. OKAY. UH, IN RESPECT OUT OF MY COLLEAGUE WHO COULD NOT BE HERE TODAY, UM, I AM GOING TO, UH, SUPPORT HER REQUEST TO MOTION FOR A CONTINUANCE OF THIS ITEM FOR TWO WEEKS. WHAT IS THAT DATE? OCTOBER 15TH. OH, OKAY. VERY GOOD. UH, THERE ARE APPARENTLY PEOPLE WHO ARE SIGNED UP TO SPEAK. UH, SO IN THE ABSENCE OF THE APPLICANT, UH, PLEASE CALL THE FIRST PERSON WHO SIGNED UP TO SPEAK BRADY ALEXANDER. MY NAME IS BRADY ALEXANDER. I RESIDE AT 1 8 3 9 EAST PIRON 7 8 2 2 3. REPRESENTING THE HOT WHEELS MISSION REACH NEIGHBORHOOD ASSOCIATION, WE ARE OPPOSED TO THE APPLICANT'S PLAN. UH, THE APPLICANT HAS NOT REACHED OUT TO US. MET WITH US. UH, THIS IS THE SECOND TIME THEY'VE ASKED FOR A CONTINUANCE. FIRST ONE WAS AT THE PLANNING COMMISSION, WHICH DENIED IT. UH, WE ASK THAT THIS, UM, PROPOSAL BE DENIED AT THIS HEARING AND NOT GO FORWARD WITH ANY KIND OF APPROVAL. WE HAVE BEEN VERY PROACTIVE IN WEEDING OUT INAPPROPRIATE MF ZONING IN OUR AREA. UM, THE ZONING GOES BACK TO THE THIRTIES IN HOT WELLS. UH, RECENTLY WE TOOK OUT A LOT OF IT ALONG HOT WELLS AND, AND OTHER AREAS. UM, SO WE HAVE TRIED TO GET AHEAD OF THE CURVE, UM, OF THIS TYPE OF INAPPROPRIATE INFILL BY SPECULATIVE DEVELOPERS WHO ARE ONLY CONCERNED WITH PROFIT MOTIVE. UM, THEY HAVE NOT ADDRESSED ANY COMMUNITY CONCERNS ABOUT SCALES, STORMWATER, PARKING, ET CETERA. UH, THIS PROPERTY IS LOCATED NEAR THE HISTORIC HOT WELLS BALLROOM, WHICH ON THE PHOTO IS TO THE LEFT, UH, WHERE IT SAYS RIO FIVE OVERLAY DISTRICT, UM, THREE STREETS BORDER OF THE PROPERTY. UH, BRINGS IN A LOT OF QUESTIONS OF SETBACKS. THE, UM, APPLICANT ALSO OWNS, UH, PROPERTY ACROSS, UH, THE SMALL, UM, MERRIMACK CROSS STREET AT 1603 AND 1607 LINEN. SO, UM, THIS WILL SET A PRECEDENT FOR OUR AREA ABOUT WHAT IS GOING TO BE ALLOWED TO BE EMBEDDED IN OUR COMMUNITY. WE LOOK FORWARD TO WORKING WITH DEVELOPERS WHO CARE ENOUGH TO REACH OUT AND ADDRESS COMMUNITY CONCERNS AND QUESTIONS. UH, THIS IS NOT ONE OF THEM. WE HAVE WORKED WITH BUSINESSES IN THE AREA WHO HAVE WANTED TO, UM, EXPAND A LITTLE BIT AND DO THINGS THAT BENEFIT THE COMMUNITY. AND, UM, FRESNO TIRE SHOP, FOR INSTANCE, WANTED TO DO SOMETHING AND WE, UH, WE WORKED WITH THEM. UM, WE'RE VERY COGNIZANT OF WHAT GOES ON AND ARE WE TRY TO BE PROACTIVE ON THIS. UM, AS THE APPLICANT STATED LAST WEEK, UM, THEY, DISTRICT THREE REPRESENTATIVE IS UNAWARE OF THIS PLAN AND, UM, THEY HAVE EXPRESSED THE SAME IN OUR LETTER TO THEM THAT THEY HAVE NO KNOWLEDGE OF IT. SO, UH, WE ASK THAT THIS, UH, REQUEST BE DENIED AS IT SHOULD BE. THANK YOU FOR YOUR TIME. THAT'S ALL THAT SIGN IN TO SPEAK, SIR. VERY GOOD. UH, SO NOW COMMISSIONER MCDANIEL. UH, THANK YOU FOR YOUR COMMENTS. UH, THIS COMMISSIONER'S NOT BRIEFED ON THIS CASE, AND THEREFORE, AS STATED, WE WILL, UH, MAKE THAT MOTION AGAIN FOR CONTINUANCE TO OCTOBER 15TH TO ALLOW COMMISSIONER MCGEE TO, UM, WEIGH IN ON THIS MATTER. THERE IS A MOTION. IS THERE A SECOND? SECOND. A MOTION. SECOND. UH, DISCUSSION COMMISSIONERS. TO MY LEFT DISCUSSION. [00:55:01] COMMISSIONERS TO MY RIGHT. HEARING NONE. ROLL CALL VOTE. COMMISSIONER MCDANIEL? YES. COMMISSIONER ROMERO. YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. AND COMMISSIONER BUSER MONTE AYE. MOTION PASSES. THE NEXT ITEM PLEASE. ZONING. PATRICIA FRANCO. 1 41 JACOBS 1 43 JACOBS 1714 SOUTH MARY STREET AND 17 23 22 SOUTH ST. MARY STREET. ITEM 10 IS A REQUEST TO CHANGE THE ZONING FROM C THREE NA RMM FOUR AND I D Z TO I D Z THREE WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT. USES PERMITTED FOR MULTIFAMILY WITH UP TO 41 DWELLING UNITS A BAR AND, AND OR TAVERN WITHOUT COVER CHARGE. THREE OR MORE DAYS PER WEEK AND A HOTEL. 38 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. ZERO RETURNED IN FAVOR FOR AND OPPOSITION AND THE LAVACCA NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THE CURRENT I D Z INFILL DEVELOPMENT ZONE IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED I D Z THREE ADDS MORE DENSITY 41 UNITS THAN THE EXISTING I D Z AND REMAINS CONSISTENT WITH THE CURRENT AND FUTURE LAND USE. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT. THE APPLICANT'S REPRESENTATIVE PLEASE COME UP PATRICK CHRISTENSEN. UH, THREE 10 SOUTH ST. MARY'S SUITE 2,700 A POINT. WE DON'T HAVE A POINTER. SO, UH, KINDA EXCITED ABOUT THIS ONE. WE'RE ACTUALLY GONNA BE TAKING THREE EXISTING WAREHOUSE STRUCTURES AND LEMME FIND THE RIGHT PICTURE THERE AND, UH, REDEVELOPING THEM TO SORT OF A MIXED USE PROJECT. LEMME BEGIN BY SAYING I'M AMENDING THE REQUEST TO REMOVE THE, THE BAR TAVERN AND TO REDUCE THE NUMBER OF UNITS TO 39. UM, WE REALIZED WE'RE ACROSS THE STREET FROM A SCHOOL, ANY KIND OF ALCOHOL SALES, WHETHER THEY'RE ASSOCIATED WITH A RESTAURANT OR A BAR, WE'LL HAVE TO COME BACK TO THE CITY FOR A ALCOHOL VARIANCE, BUT WE JUST KIND OF WANTED TO KEEP THAT OPTION OPEN. UM, THE GOAL HERE IS PRIMARILY FOR THE RESIDENTIAL COMPONENT AND THEN SEE WHAT KIND OF RETAIL COMMERCIAL MIGHT WANNA LOCATE THERE. COFFEE SHOP, RESTAURANTS, SOMETHING LIKE THAT. BUT THESE ARE THE THREE STRUCTURES. AND THEN, UM, THE ORIGINAL SITE PLAN WHERE THE PARKING LOT IS, WE PROPOSED A TWO STORY BUILDING THERE AND NEGOTIATING WITH THE LAVACCA NEIGHBORHOOD ASSOCIATION. YOU KNOW, THERE'S A SINGLE FAMILY HOME THERE. THERE'S SOME SINGLE FAMILY HOMES AT THE TOP RIGHT OF THIS SITE. PLAN LAVACCA SUGGESTED THAT WE REFOCUS THAT TWO STORY BUILDING TO THE TOP HERE. YOU CAN SEE THAT THE KIND OF GRAY ONE THERE AT THE TOP. AND THEN WE'RE, WE'RE PROPOSING FOR THE, THE WAREHOUSE THAT'S PROBABLY IN THE WORST SHAPE. THE MIDDLE WAND IS TO COME IN. THESE ARE ALL HISTORICAL STRUCTURES OR DESIGNATED HISTORIC COME IN AND KEEP THE EXISTING EXTERIOR, BUT COME IN AND ADD A FEW MORE STORIES. SO IT'LL BE A FOUR STORY STRUCTURE. WE'RE GONNA GO KIND OF GO INTO THAT POSITION WHERE WE'RE TRYING TO GO THROUGH ZONING AND GO THROUGH THROUGH H D R C REVIEW. SO AFTER ZONING COMMISSION, WE'LL PUT A DELAY ON COUNCIL APPROVAL. WE'LL GO TO H D R C FOR PRELIMINARY APPROVAL, THEN GO TO COUNCIL AND THEN GO BACK TO H D R C FOR FINAL APPROVAL. WE THINK IT'S A, IT'S A GOOD PROJECT. IT'S REHABBING EXISTING BUILDINGS. IT'S IN AN AREA OF TOWN THAT I THINK COULD USE A LITTLE BIT MORE COMMERCIAL AND SOME MORE RESIDENTIAL DENSITY. AND I MADE THE AMENDMENT AND IF I WOULD ASK YOUR SUPPORT AND HAVE ANY QUESTIONS, PLEASE LET ME KNOW. THANK YOU. ALRIGHT, COMMISSIONER GREATHOUSE. I'M SORRY, ANYONE TO SPEAK ON THIS PROJECT. MR. NAVARRO FOLLOWED BY DOLORES NAVARRO, BEN NISO. SO, UH, MR. NAVARRO AND MS. NAVARRO ARE DONATING THEIR TIME TO CATHERINE ETTE. OKAY, CATHERINE DOUCETTE. CATHERINE DOUCETTE. SIX MINUTES TOTAL. SIX. GOOD AFTERNOON. MY NAME IS CATHERINE DOUCETTE. I'M A RESIDENT AND HOMEOWNER AT ONE 20 JACOB STREET, JUST AROUND THE CORNER FROM THE PROPOSED LOCATION. UH, THE FIRST WE HEARD OF THIS PROJECT WAS LAST WEEK WHEN WE RECEIVED A LETTER FROM THE CITY. SO YOU CAN IMAGINE THIS [01:00:01] IS QUITE A SHOCK FOR ALL OF US. UM, AFTER DOING A QUICK B C A SEARCH, I ADDED UP ALL THE, UH, SQUARE FOOTAGE OF THE LOTS IN QUESTION AND WE'RE LOOKING AT ABOUT HALF AN ACRE, UM, TO US PUTTING, I GUESS NOW 39 RATHER THAN 41 UNITS JUST SEEMS REALLY INTENSE FOR THAT SMALL OF A SPACE. UM, TO GIVE SOME COMPARISON ON ANOTHER MAYBE PROPERTY THAT WOULD COMPARE JUST DOWN HERE ON THE CORNER, 10 10 SOUTH FLORES AT GUNTHER AND SOUTH FLORES. THAT'S A 46 UNIT PROPERTY AND THAT'S ON A 1.4 ACRE LOT. THAT'S THREE TIMES THE SIZE OF THIS LOT THAT REALLY IS DISTRESSING TO US. UM, ALSO PARKING WOULD BE AN ISSUE FOR ALL OF THOSE RESIDENTS AND A HOTEL PATRONS, ALL OF THAT. WHERE ARE WE GONNA PUT ALL THESE PEOPLE? JACOB STREET CURRENTLY IS A NARROW PASS THROUGH STREET. IT'S ABOUT 20 FEET WIDE. THERE'S NO PARKING ALLOWED ON JACOB STREET WITH GOOD REASON. TWO CARS CAN BARELY PASS ONE ANOTHER. UM, YOU KNOW, IT'S, IT'S DISTRESSING. SAME TO MENTION, UH, AS YOU CAN SEE, BRECKENRIDGE HIGH SCHOOL IS RIGHT THERE AT THE CORNER. WE HAVE A LOT OF STUDENTS WALKING DOWN JACOB STREET TO GET TO SCHOOL. AND IF WE HAVE THAT MUCH HIGH DENSITY IN THE NEIGHBORHOOD, IT CAN BE DANGEROUS FOR THE STUDENTS, DANGEROUS FOR THE, THE RESIDENTS. AND ALSO YOU'LL NOTICE, SEE THERE'S KIND OF THAT VERY STRANGE INTERSECTION THERE, UH, WHERE ST. MARY'S VEERS OFF. WE HAVE A LOT OF STUDENT PARENTS DROPPING THEIR KIDS OFF ON THE CORNER OF JACOB STREET AND I KNOW THEY'RE NOT SUPPOSED TO, BUT THAT'S JUST GONNA HAPPEN ANYWAY. YOU KNOW, REALLY HAVING THAT HIGH DENSITY INFILL IS GONNA POSE A, A, A THREAT TO THESE KIDS AND TO US. UH, AS FAR AS THE BAR, WELL NOW THAT THAT'S BEEN REMOVED, I GUESS THAT'S A NON-ISSUE. SO I GUESS THAT'S ABOUT ALL. THANK YOU. WHAT ELSE TO SPEAK? MARK DUCH FOLLOWED BY ASHLEY DIXON. MY NAME'S MARK DOUCETTE. I'M AT ONE 20 JACOB STREET. UH, JUST TO RECONFIRM, THAT'S A LOT OF MORE PEOPLE THAT ARE COMING INTO A VERY SMALL STREET. I'M ALL FOR REDEVELOPMENT. THOSE BUILDINGS DO NEED TO BE REDEVELOPED. I LOVE THAT ASPECT OF IT. I WOULD JUST LIKE TO SEE IT BE A MUCH LOWER NUMBER AS FAR AS UNITS. UM, YOU KNOW, CURRENTLY I BELIEVE THAT ONE OF THE, OF THE BUILDINGS HAS I THINK SIX OR SEVEN UNITS ON THE TOP FLOOR. I'M, I'M NOT SAYING THAT THAT'S WRONG, THAT'S A GREAT NUMBER. IF YOU WERE TO COMMAND THAT, MAYBE WE GO TO LIKE 15 UNITS. BUT INITIALLY WHEN WE HEARD ABOUT 46, WE USED TO LIVE AT THE 10 10, THAT WAS A LOT. AND WE HAD, YOU KNOW, ONE CAR FOR EVERY BEDROOM AND THERE WAS STILL TIMES WHERE YOU DIDN'T HAVE A SPACE TO PARK. SO TRYING TO FIT 41 CARS AND YOU KNOW, IF IT'S ONLY ONE CAR PER BEDROOM, THAT'S STILL 46 CARS ON OUR ENTIRE STREET. I THINK THERE'S 12 CARS, SO YOU'RE LIKE QUADRUPLE. I MEAN JUST IN ONE SMALL AREA. SO I JUST WANNA MAKE THAT POINT. THANK YOU MR. S NEXT SPEAKER. ASHLEY DIXON. DIXON. THANK YOU MR. DIXON. THAT'S ALL THAT SIGNED IN. SPEAK, SIR. WONDERFUL AND REBUTTAL, UH, FROM THE APPLICANT'S REPRESENTATIVE, AND AGAIN, TWO MINUTE LIMIT. PATRICK CHRISTENSEN AGAIN. UM, WE DON'T FEEL THAT IT'S TOO DENSE. OF COURSE I'M REPRESENTING THE DEVELOPER HERE, BUT WE'RE PLANNING ON DOING SMALLER WORKFORCE UNITS, 600 SQUARE FEET, WHICH IS ACTUALLY QUITE LARGE IF IT'S LAID OUT CORRECTLY. THE, THE UPSTAIRS THAT THEY'RE TALKING ABOUT, IT'S, IT'S, IT'S IN REALLY BAD SHAPE. UM, IT'S ALMOST A FLOP HOUSE, BUT THIS WILL BE, UH, A MUCH BETTER IMPROVEMENT. WE THINK WE HAVE ENOUGH PARKING SPACES. WE'RE OVER AND ABOVE WHAT THE I D Z REQUIRES. UM, AND AGAIN, WE, IT'S, IT'S VERY EXPENSIVE TO REHAB EXISTING BUILDINGS COMING IN AND DOING THIS VERSUS YOUR NORMAL DEVELOPER THAT SAYS, I JUST WANNA SCRAPE IT AND START OVER. THAT'S A LOT LESS EXPENSIVE. HECK OF A LOT EASIER TO DO. MY DEVELOPERS ARE TRYING TO DO THE RIGHT THING. THEY'RE TRYING TO COME IN, KEEP THE EXISTING STRUCTURES, KEEP THE FACADE OF ONE AND BUILD WITHIN IT, WHICH IS A VERY EXPENSIVE PROCESS. THEY NEED THE DENSITY TO BE ABLE TO AFFORD TO, TO REDEVELOP THIS PROPERTY. WE BELIEVE IT'LL BE A GREAT ADDITION TO THE NEIGHBORHOOD AND WHAT'S PRETTY MUCH BEEN AN EYESORE ON SOUTH ST. MARY STREET FOR, FOR YEARS. SO I RESPECTFULLY REQUEST YOUR SUPPORT AND WILL HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. ALRIGHT, NOW NOT PREMATURELY. COMMISSIONER GREATHOUSE. DON'T GO ANYWHERE. PAT . , I'VE GOT A COUPLE QUESTIONS FOR YOU, . UM, COULD YOU LET ME KNOW WHAT IS THE HEIGHT? I, I KNOW YOU SAID FOUR STORIES ON THIS. WHAT, UM, AND DO YOU HAVE THAT IN FEET? PROBABLY ABOUT 45 FEET. YOU KNOW, NORMALLY IT'S 10 STORIES, GIVE OR TAKE WITH SOME, YOU KNOW, ROOFTOP, AIR CONDITIONER, THINGS LIKE THAT. YEAH. OKAY. AND UM, YOU MENTIONED THAT YOU'RE PRESERVING THE BUILDINGS. ARE YOU AWARE IF THEY'RE LANDMARK, HISTORIC LANDMARK? THEY ARE. THEY ARE. THEY ARE, CORRECT. OKAY, PERFECT. AND WHAT'S THE CURRENT OPERATION THERE? ARE THEY VACANT? WELL, LET ME GET TO THE RIGHT PICTURE HERE. THEY'RE KIND OF, OH, THAT'S THE WRONG WAY. UH, SO [01:05:01] ON THE, STARTING AT THE FRONT, THE WHITE STRUCTURE ON THE CORNER, THERE ARE PEOPLE LIVING THERE. UH, I'M NOT SURE EXACTLY HOW MANY UNITS. PROBABLY FOUR OR FIVE. THE NEXT STRUCTURE, THE KIND OF GRAY ONE IS, UH, A WAREHOUSE STRUCTURE. IT'S, IT'S VACANT. UM, THE NEXT STRUCTURE, THE RED BRICK BUILDING, THE DOWNSTAIRS IS SORT OF A WAREHOUSE AREA. IT'S VACANT AND THEY'VE GOT, I BELIEVE, SIX OR SEVEN APARTMENTS UPSTAIRS. OKAY. UM, AND I GUESS, CAN YOU EXPLAIN TO ME THE, I, I GUESS I JUST HAVE SOME CONCERNS ABOUT THE HOTEL USE AND THE MULTI-FAMILY USE AND THE RETAIL USE. SO CAN YOU EXPLAIN TO ME KIND OF WHAT THE IDEA IS THERE? RIGHT. SO THEY WANT JUST A LITTLE BIT OF FLEXIBILITY. SO IF, FOR EXAMPLE, IF THEY CAN, IF THEY CAN GET, THEY HAVE THESE SMALLER BOUTIQUE HOTEL OPERATORS, THEY CAN GET THE TOP TWO FLOORS OF THE FOUR STORY BUILDING TO BE MEAN. IT'LL BE BASICALLY CONSTRUCTED THE SAME, BUT IT'LL BE, BE ABLE TO BE HOTEL OR APARTMENTS. UH, IT'LL STILL HAVE A KITCHEN, SO IT'LL BE A HOTEL ROOM WITH THE KITCHEN. THEY WANTED THE ABILITY TO BE ABLE TO DO THAT WITHOUT HAVING COME BACK AND, AND DO A REZONING. SO THAT'S WHY WE ASKED FOR THE HOTEL USE. THE GOAL IS PRIMARILY FOR RESIDENTIAL DWELLING OR APARTMENT UNITS. AND THEN IF THEY CAN GET SOMEONE TO COME IN AND WOULD LIKE TO DO THAT SORT OF A HOTEL USE, THEY WOULD CERTAINLY DO IT. THAT WOULD BE BETTER. SOME OF THE CONCERNS FOR THE NEIGHBORHOOD, THERE WOULD BE LESS PARKING REQUIREMENTS. UM, NOT EVERYBODY IS RUNNING A CAR NOW. THEY, THEY UBER WHEN THEY COME INTO TOWN FOR MEETINGS, THINGS LIKE THAT. THE RESIDENTIAL SPACE, I MEAN THE, SORRY, THE RETAIL SPACE BELOW THAT WOULD HOUSE SOME OF THE RESIDENTIAL UNITS. IF THEY DID GET A COMMERCIAL TENANT TO COME IN THERE, A RESTAURANT COFFEE SHOP, THERE WOULD BE LESS RESIDENTIAL UNITS, BUT THEY WANTED TO KIND OF, THAT IS THE TOTAL NUMBER OF UNITS THAT THERE'S ABSOLUTELY NO RETAIL. IF THERE IS RETAIL ON THE GROUND FLOOR, IF THEY CAN FIND TENANTS, THEN THERE WILL BE LESS RESIDENTIAL UNITS, BECAUSE THAT WILL BE COMMERCIAL SPACE. AND OF COURSE, EVEN WITH THE I D Z, ONCE THEY COME IN FOR CFOS FOR THAT COMMERCIAL SPACE, THEY'LL HAVE TO COMPLY WITH PARKING REQUIREMENTS. SO BASICALLY WHAT YOU'RE SAYING IS, IS THAT IT'S, IT'S EITHER GOING TO BE THE 39 UNITS AND WITH MAYBE A LITTLE BIT OF COMMERCIAL SPACE, OR YOU WOULD DO SOME LOWER NUMBER OF UNITS WITH A HOTEL OPERATION, BUT IT, WHAT I'M ASKING WOULD SAY 39 UNITS WITH NO COMMERCIAL SPACE. AND THEN, UH, IF THERE IS GROUND FLOOR COMMERCIAL, THEN THERE'LL BE LESS RESIDENTIAL UNITS, DEPENDING ON HOW MUCH COMMERCIAL SPACE. AND AGAIN, THAT'S A COMPLICATED EQUATION. YOU'RE GONNA HAVE TO, IF IT IS A RESTAURANT, THEY'RE GONNA HAVE TO HAVE PARKING. UM, AND THAT'S GONNA REDUCE, THEY'RE GONNA HAVE TO BE ABLE TO SHOW THE CITY THAT FOR, THEY MEET THE REQUIREMENTS FOR THE RESIDENTIAL COMPONENT AND MEET THE REQUIREMENTS FOR PARKING FOR THE COMMERCIAL COMPONENTS. OKAY. AND THEN, I KNOW WE DON'T HAVE TO DO A TRAFFIC IMPACT ANALYSIS, BUT HAVE YOU DONE ANY STUDIES? ARE YOU AWARE OF ANY, UM, CONCERNS THAT YOU GUYS HAVE WITH THAT? NO. I MEAN, THERE'S NOT, THERE'S NOT GONNA BE A REQUIREMENT FOR US TO PUMP ANY TRAFFIC LIGHTS OR ANYTHING LIKE THAT. I MEAN, THE TRAFFIC IS GONNA PRIMARILY BE ON ST. MARY'S. I DON'T BELIEVE A WHOLE LOT WILL COME DOWN JACOBS. THERE WILL BE SOME, UM, YOU KNOW, GOING NORTH ON ST. MARY'S, YOU'VE GOT A WATCH FOR CARS COMING NORTH ON UNDERNEATH THE RAILROAD TRACKS. AND, UM, BUT I'M NOT AWARE OF ANY ISSUES WITH THE, THE TRAFFIC IMPACT ANALYSIS THAT WE'RE GONNA HAVE TO DO ANY EXTRA LIGHTS OR ANYTHING LIKE THAT. OKAY. THANK YOU. THANK YOU, COMMISSIONER GREATHOUSE. ANY FURTHER QUESTIONS? COMMISSIONERS ON MY LEFT. COMMISSIONER, I HAVE A QUESTION FOR THE, UH, STAFF. SO HELP ME UNDERSTAND, UM, FOR 39 UNITS, WHAT IS THE REQUIRED NUMBER OF PARKING SPACES? SINCE IT IS MULTI-FAMILY? IT WOULD BE 1.5 PER UNIT. SO AT 39 UNITS TIMES 1.5, IT'S 58. AND THEN FOR I D Z, IT'S REDUCED BY 50%. SO IT'D BRING 'EM TO 29.25 PARKING SPACES. THANK YOU. THANK YOU. ANY FURTHER QUESTIONS? COMMISSIONERS ON MY LEFT? QUESTIONS? COMMISSIONERS ON MY RIGHT. COMMISSIONER MIDDLE PATRICK. I'M SORRY, MS. BUT WHEN WE'RE TALKING ABOUT THE NUMBER OF UNITS LIKE 39, THAT'S SEPARATE FROM THE BOUTIQUE HOTELS, RIGHT? NO, IT WOULD NOT BE A HOTEL PLUS THE 39 UNITS. THERE'S NO WAY THAT WOULD FIT ON THAT PROPERTY. IT WOULD BE BOTH. THEY WOULD, THEY WOULD EITHER OR THEY WOULD BOTH BE ROLLED UP OR, YES. OKAY. EITHER OR, BUT IT COULD BE BOTH AND THEY'D SPLIT SOMEHOW THE ROOMS WOULD'VE, IF THEY'RE GONNA HAVE A HOTEL PLUS 39 ROOMS, THE ROOMS WOULD HAVE TO BE MICROSCOPICALLY SMALLER. NOW WHAT I'M SAYING, COULD YOU HAVE 39 UNITS? AND SOME OF THEM COULD BE THE BOUTIQUE HOTELS. YES. THAT'S WHAT I'M SAYING. COULD BE RENTAL. THAT'S WHAT I'M SAYING. OKAY. YES. ALL RIGHT. THANK YOU. THE QUESTIONS, COMMISSIONERS, COMMISSIONER GREENHOUSE. OKAY, I'M GONNA MAKE, UM, A MOTION TO APPROVE THIS CASE. UM, ITEM 10. UM, I BELIEVE THAT, UH, THAT THE REDEVELOPMENT OF THIS PARCEL, ESPECIALLY CONSIDERING THAT IT'S A HISTORIC LANDMARK, IS REALLY IMPORTANT. UM, ADDITIONALLY, [01:10:01] I THINK THAT, UM, ST. MARY'S STREET, UH, IS A, IS A LARGE ENOUGH STREET TO SUPPORT, UH, THIS TYPE OF DEVELOPMENT. AND, UM, I APPRECIATE THE APPLICANT WORKING WITH THE NEIGHBORS IN DESIGNING THIS PROJECT, PUTTING A PARKING LOT NEAR THE SINGLE FAMILY HOMES AND REORIENTATING THE DEVELOPMENT TOWARDS THE ST. MARY'S SIDE OF THE LOT. SECOND, AND I DO HAVE A FRIENDLY AMENDMENT, UH, THAT'S A MOTION TO RECOMMEND APPROVAL AS AMENDED. THANK YOU. SECOND. THAT'S ACCEPTED. OKAY. ALRIGHT. UH, THERE IS A MOTION AND A SECOND. ANY DISCUSSION COMMISSIONER'S ON MY RIGHT, I'M GONNA CHANGE THINGS. FINE. COMMISSIONER O'NEAL, I'M NOT GOING TO SUPPORT THE MOTION. I THINK IT'S REAL CLOSE. AND IF IT WERE SOMETHING LESS THAN THE 39 UNITS, MAYBE IT'D BE OKAY. SORRY. IF I HADN'T LOOKED ON GOOGLE MAPS AT JACOB STREET, MAYBE I WOULD'VE SUPPORTED IT. BUT THERE'S SOMETHING ABOUT THE STREET THAT I JUST THINK IF I LIVED THERE, I WOULD THINK THAT WAS TOO MANY UNITS TO BE RIGHT ON TOP OF ME THERE. YOU KNOW, I KNOW THERE'S FLEXIBILITY THAT IT MIGHT BE MORE COMMERCIAL AND LESS UNITS AND IT MIGHT END UP BEING JUST PERFECT, BUT I'M NOT COMFORTABLE ENOUGH WITH IT, WITH THE NEIGHBORHOOD OPPOSITION. ALRIGHT, ANY FURTHER DISCUSSION? COMMISSIONERS ON MY RIGHT, UH, COMMISSIONER'S ON MY LEFT? UH, COMMISSIONER WHITE? YEP. I THINK THIS IS A GREAT PROJECT. I THINK IT'S GONNA DO A LOT FOR THE AREA. UM, AND SO I'M FULLY IN SUPPORT COMMISSIONER GIBBONS. WELL, I'M JUST GONNA MAKE A LITTLE PITCH FOR NATIONAL NIGHT OUT TODAY. UH, MAKE SURE YOU PUT YOUR PORCH LIGHT ON, BUT WHEN I SEE THAT MUCH VACANCY, THAT IS UNNERVING TO ME AS A, AS SOMEONE IN THE NEIGHBORHOOD. SO TO FILL THE ALL THAT UP IS A LOT OF EYES IN YOUR NEIGHBORHOOD AND A LOT OF EYES KEEP CRIME AWAY. SO I WILL SUPPORT THIS. THANK YOU. ANY FURTHER DISCUSSION? COMMISSIONERS ON MY LEFT. ALRIGHT, UH, THEN I WILL CLOSE OUT DISCUSSION REALLY QUICKLY. SO I LIVE A LITTLE BIT MORE THAN HALF A MILE FROM HERE. UH, I DO CUT OVER ON JACOBS, WHICH MAYBE NOW I KNOW I SHOULDN'T, SHOULDN'T I, I DO TRY TO GO SLOW. I, I PROMISE YOU THAT. UH, BUT YOU KNOW, ONE THING THAT DOES HAPPEN, AND IT HAPPENS ON THE CROSS STREET WHERE I LIVE TOO, IS THE TRAIN THAT GOES AND CROSSES OVER PERSA. UH, AND SO PEOPLE DO CLOSE DOWN THAT STREET, NEVERTHELESS, AND UNDERSTANDING ALL OF THE NEIGHBOR'S CONCERNS. UM, I'M GONNA SUPPORT THIS FOR A COUPLE OF REASONS, FOR THE REASONS ALREADY MENTIONED, BUT ADDITIONALLY, YOU KNOW, I WANT THE NEIGHBORS TO UNDERSTAND THAT THEY ARE NOT DONE WITH THIS PROCESS YET. THE H D R C UH, WILL PROVIDE YOU SOME FURTHER INPUT, SOME FURTHER ABILITY TO ADDRESS SOME OF YOUR CONCERNS. UM, BUT FOR THE REASONS THAT WE'VE ALREADY DISCUSSED HERE TODAY, UH, I'M GOING TO SUPPORT THIS MOTION. THAT BEING SAID, ANY FURTHER DISCUSSION? ANY FURTHER DISCUSSION? HEARING NONE, ROLL CALL VOTE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? NO. COMMISSIONER MCDANIEL? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. AND COMMISSIONER BUSTAMONTE AYE. MOTION PASSES. ALRIGHT, THE NEXT ITEM, PLEASE. GOOD AFTERNOON, COMMISSIONERS, LORI AND TENNIS PLANNER FOR DEVELOPMENT SERVICES. THIS IS ITEM NUMBER 11, LOCATED AT NINE 15 SOUTH LAREDO STREET. IS A REQUEST TO CHANGE THE ZONING FROM C THREE NA RIO SEVEN D TO C THREE NA LIFTING THE RIO OVERLAY. 10 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. ONE WAS RETURNED IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM LAKESIDE NEIGHBORHOOD ASSOCIATION ON OCTOBER, I'M SORRY, ON SEPTEMBER 18TH, 2019. THE HISTORIC AND DESIGN REVIEW COMMISSION DENIED THE REQUEST OF THE REMOVAL OF THE HISTORIC DESIGNATION OVERLAY. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS. THANK YOU FOR THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE FOR . GOOD AFTERNOON. MY NAME IS MITSUKO RAMOS WITH GOVERNMENT RELATIONS GROUP OF TEXAS, AND I REPRESENT 9 0 1 LAREDO PARTNERS, L L C. UM, SO, UM, [01:15:01] MY CLIENT IS NOT A DEVELOPER. I JUST WANTED TO MAKE THAT CLARIFICATION. HE'S A, A DOCTOR. HE SPECIALIZES IN KIDNEY CARE. SO, UM, HE, HE COULD NOT BE HERE TODAY DUE TO A, A PATIENT EMERGENCY. UM, BUT I JUST WANTED TO CLARIFY THAT. UM, HE CHOSE THIS SITE DOWNTOWN DUE TO THE FACT THAT THERE ARE, UM, CERTAIN TYPES OF PROJECTS THAT ARE INCENTIVIZED FOR DEVELOPMENT IN THE DOWNTOWN AREA. AND BECAUSE HE IS BRINGING NEW TECHNOLOGY TO SAN ANTONIO TO IMPROVE THE HEALTH SERVICES FOR PATIENTS. UM, IN ADDITION TO PROVIDING EDUCATIONAL, UM, AN AN EDUCATIONAL AREA IN HIS BUILDING TO, UM, EDUCATE THE COMMUNITY ON HEALTHCARE, UM, HE WANTED TO HAVE THIS PARTICULAR SITE, SO IT'D BE CENTRAL TO SAN ANTONIO AND ALSO FEATURE THE NEW TECHNOLOGY HAS. SO IT'S MORE THAN JUST A MEDICAL, UH, DOCTOR'S OFFICE, IF YOU WILL. HE WAS INCENTIVIZED TO, UH, DEVELOP THIS PROPERTY. AND WHEN HE LOOKED AT THE PROPERTY AT THE TIME, THE RIO HAD NOT YET BEEN APPLIED. SO, UM, SIGNAGE WAS VERY IMPORTANT TO HIM BECAUSE THE PROPERTY, UM, ABUTS IH 35, SO CHAPTER 28 OF THE, OF THE, UH, CITY CODE, THE SIGN ORDINANCE ALLOWED FOR A, AN ON-PREMISE POLE SIGN AGAINST THE EXPRESSWAY. AND, YOU KNOW, HAD MET WITH STAFF AT THAT TIME IN 2016, UM, SOMEONE ELSE HAD BID ON THE, ON THE PROPERTY AND IT WAS UNDER CONTRACT. SO BY THE TIME HE WAS ABLE TO ACTUALLY PURCHASE THE PROPERTY, UM, IT WAS A FEW MONTHS AFTER THE RIO HAD BEEN APPLIED IN, IN FEBRUARY OF 2017. SO HE WAS NOT AWARE THAT THE RIO, UM, HAD RESTRICTIONS ON SIGNAGE. UM, LOOKING AT THE RIO, UH, IN, IN THE U D C, UM, YOU KNOW, WE HAVE THESE CERTAIN FACTORS THAT, UM, THE STAFF SHOULD TAKE INTO CONSIDERATION WITH THE SIGNS. WE DO BELIEVE THAT WHAT WE'RE REQUESTING IS CONSISTENT WITH THE INTENT OF THE RIO. UM, THE ON-PREMISE SIGN WOULD BE, UM, FACING THE EXPRESSWAY AND WOULD BE BETWEEN THE STRUCTURE AND THE EXPRESSWAY, WHICH WOULD NOT BE VISIBLE FROM PEDESTRIAN'S VIEW, ESPECIALLY FROM THE SAN SAN PEDRO CREEK WAY. UM, THERE ARE SOME HARDSHIP CASES. WE LOOKED INTO THAT, UH, BUT BECAUSE ON PREMISE, UH, POLE SIGNS ARE PROHIBITED, UM, WE WERE TOLD IT WAS NOT AN OPTION TO BE CONSIDERED AS AN ADDITIONAL SIGNAGE. THIS IS THE AERIAL PHOTOGRAPH OF THE VACANT LOT. IT'S RIGHT NEXT TO LUCY'S DOGGY DAYCARE. YOU MIGHT BE FAMILIAR, IT'S JUST DOWN THE STREET FROM, FROM HERE. UM, THERE WERE SEVERAL HOMELESS PEOPLE HANGING AROUND, YOU KNOW, WHERE THE EXPRESSWAY IS. AND, AND THE DEVELOPMENT IS NOW UNDERWAY. SO HOPEFULLY THIS WILL, UM, IMPROVE THE AREA ENOUGH TO WHERE IT WILL MAKE IT A SAFER ENVIRONMENT. THESE ARE PHOTOGRAPHS OF SURROUNDING PROPERTIES. UM, THERE'S NOT REALLY MUCH ACTIVITY. UH, SOUTH LAREDO STREET IS ONE WAY NORTHBOUND. SO ANY TRAFFIC THAT DOES GO ON SOUTH LAREDO, WHICH IS VERY FEW, WE'LL ONLY BE ABLE TO SEE THE ON-PREMISE SIGN THAT IS ON SOUTH LAREDO GOING NORTH. THIS IS A PHOTOGRAPH FROM SOUTH ALAMO AT IH 35, UM, WHICH SHOWS EXISTING ON-PREMISE POLE SIGNS. THERE'S A BILLBOARD THERE, BUT WE'RE NOT REQUESTING A BILLBOARD. UM, BUT IT WOULD BE CONSISTENT WITH THE CHARACTER OF THAT PARTICULAR AREA. THESE ARE EXISTING SIGNS, UM, THAT ARE NOT FAR FROM MY CLIENT'S LOT. THERE IS AN, UH, ANOTHER KIDNEY SPECIALIST CENTER THAT HAS AN ON-PREMISE POLE SIGN THAT'S DIGITAL, UM, AS WELL AS THE LUCY DOGGY DAYCARE SIGN, WHICH IS RIGHT UP AGAINST THE HIGHWAY. OUR, MY CLIENT'S LOT KIND OF SITS A LITTLE BIT AWAY FROM THE EXPRESSWAY, SO THE SIGN WOULD NOT BE RIGHT AGAINST THE HIGHWAY. WE JUST WANT IT TO BE VISIBLE ENOUGH FOR PEOPLE TO SEE FROM THE EXPRESSWAY. SO THIS IS THE MAP OF THE RIO BOUNDARY, AND I DON'T HAVE A POINTER, BUT, UM, IF YOU KIND OF SEE MIDWAY WHERE IT STARTS TO, UM, GET A LITTLE BIT MORE NARROW, MY CLIENT'S PROPERTY IS JUST SOUTH OF THAT. UM, ALL OF THE PROPERTIES THAT ARE WITHIN THAT AREA ALREADY HAVE ON-PREMISE PULL SIGNS. SO, UM, I THINK UNINTENTIONALLY MY CLIENT'S LOT WAS KIND OF, UM, LEFT AS THE ONLY ONE THAT CAN'T PUT AN ON-PREMISE SIGN THERE TO ADVERTISE FOR HIS BUSINESS, WHICH, UM, IS UNFORTUNATE 'CAUSE HE'S ALREADY STARTED ON THE, ON THE PROJECT AND HE CAN'T, UM, INCREASE THE HEIGHT OF THE BUILDING. HE CAN'T DO ANYTHING REALLY ABOUT IT AT THIS POINT. THE GUIDELINES FOR THE DESIGN OF THE BUILDING, IT WAS, UH, CONSIDERED BY H D R C IN 2018. AT THE TIME, THEY DIDN'T KNOW WHERE THEY WANTED TO PUT THE POLE SIGN AT. THEY STILL DIDN'T REALIZE THAT THEY WERE RESTRICTED, [01:20:01] SO THEY WERE GONNA GO BACK TO H D R C FOR THE SIGNAGE. BUT THE, UM, BUILDING AND THE REST OF THE PROJECT PROJECT WAS APPROVED BY H D R C AND WAS CONSISTENT WITH THE RIO SEVEN DESIGN GUIDELINES. UM, I, I INSERTED, UM, THE AREA WHERE IT SAYS SIGN, I INSERTED THAT THERE JUST FOR TODAY'S, UH, PRESENTATION TO SHOW YOU WHERE THE PROPOSED SIGN WOULD BE. THE EXPRESSWAY IS JUST, UM, RIGHT ABOVE THAT. AND SAN PEDRO CREEK IS, UM, APPROXIMATELY 750 FEET EAST OF THIS STRUCTURE. SO THIS IS A, UM, THE SITE PLAN THAT CAME WITH THE LEGAL DESCRIPTION OF THE SMALL AREA OF THE PROPERTY THAT'S SUBJECT TO THE ZONING CASE. IT'S 813.33 SQUARE FEET. UM, 14 FEET OF THAT ALONG THE PROPERTY LINE IS AN ELECTRIC EASEMENT, SO YOU CAN'T BUILD ON THAT ANYWAY, BUT WE INCLUDED IT BECAUSE THE SIGN WILL ACTUALLY GO OVER THE, UM, THE ERROR RIGHTS, IF YOU WILL, OF, OF THE EASEMENT. SO WE INCLUDED THAT AS WELL. BUT REALLY THE AREA THAT'S GOING TO BE, UM, CONSTRUCTED WITH FOR THE POLE IS APPROXIMATELY 400 SQUARE FEET. UM, THE PLATT ON THE LEFT SHOWS WHERE THE 14 FOOT EASEMENT IS, WHICH, UM, WE'VE ALREADY WORKED WITH C P S ENERGY ON, UM, YOU KNOW, BEING ABLE TO HAVE THE SIGN OVER THE EASEMENT. THIS IS JUST ANOTHER DIAGRAM OF WHERE THE POLE WOULD BE, WHICH IS RIGHT OUTSIDE OF THE EASEMENT. UM, WE DID REDUCE THE, THE FACE OF THE SIGN AFTER MEETING WITH THE CHAIR AND CO-CHAIR OF H D R C. THEY REQUESTED THAT WE REDUCE THE, UM, THE SIGN FACE TO A MAXIMUM OF 197 SQUARE FEET, WHICH IS THE SAME, UH, SIZE OF THE DOGGIES DAYCARE SIGN. UH, WE'LL PROBABLY ACTUALLY GO A LITTLE BIT LESS THAN THAT. 'CAUSE THAT SIGN ACTUALLY SEEMS A LITTLE BIT LARGE FOR US. THIS IS A RENDERING THAT WAS PREPARED BY, UM, ONE OF THE ARCHITECTS. AND, UM, IT KIND OF JUST SHOWS WHERE THE SIGN WOULD BE. I TOOK, UH, THIS PHOTO WHERE YOU CAN KIND OF SEE THAT STRUCTURE IN THE BACK BEHIND THE, UM, THE TRUCK WITH THE YELLOW TOP. THAT IS THE ACTUAL STRUCTURE THAT'S BEING CONSTRUCTED. THAT WAS FROM TWO WEEKS AGO, THREE WEEKS AGO. I WANTED TO GET A PHOTO OF THE BUILDING TO SHOW THAT EVEN THOUGH YOU CAN SEE THE VERY TOP OF THE BUILDING, WHEN THERE ARE VEHICLES TRAVELING BACK AND FORTH, AND WHEN YOU'RE TRYING TO DRIVE, YOU REALLY CAN'T SEE IT. SO, UM, I HAD TO DRIVE BACK AND FORTH SEVERAL TIMES BEFORE MY ASSISTANT COULD ACTUALLY GET A GOOD SHOT OF THE BUILDING. SO THAT, THAT KIND OF, UM, SPEAKS TO HOW DIFFICULT, DIFFICULT IT IS TO SEE THE STRUCTURE WHEN YOU'RE ON THE EXPRESSWAY. UM, THE SIGNAGE, UM, I PUT, I PUT LIKE A SORT OF A BLACK, UM, IMAGE THERE JUST TO SHOW THAT THE, THE IMAGE WOULD NOT HAVE A WHITE BACKGROUND. IT WOULD BE DARKER. THIS IS A RENDERING THAT SHOWS THE STRUCTURE. UM, THE FRONT OF THE STRUCTURE ACTUALLY FACES THE EXPRESSWAY, WHICH IS KIND OF STRANGE. UM, THE REASON WHY HE DID THAT IS BECAUSE, UH, PARKING WAS ENCOURAGED IN THE REAR OF THE BUILDING. AND BECAUSE MOST OF HIS PATIENTS ARE DISABLED, THEY NEED TO BE DROPPED OFF. SO THE FRONT OF THE STRUCTURE FACES THE EXPRESSWAY . UM, IF YOU'RE TRAVELING ONE WAY ON SOUTH LAREDO, UM, YOU'LL, AGAIN, YOU'LL SEE THE ON-PREMISE SIGN THAT WILL BE AT THE ENTRYWAY, UM, ON THE SOUTHERN PORT OF SOUTH OF THE LOT. BUT, UM, ANYONE ELSE WHO'S, WHO'S, YOU KNOW, DRIVING BY REALLY WON'T BE ABLE TO FIGURE OUT WHAT THAT BUILDING IS. THIS IS THE ACTUAL STRUCTURE THAT WAS BEING, UH, CONSTRUCTED ABOUT THREE WEEKS AGO. AND THE IMAGE THERE IS SORT OF JUST, IT WAS IMPOSED AS A RENDERING, IF YOU WILL, TO SHOW WHAT THE SIGN WOULD LOOK LIKE IF YOU'RE WALKING ON SOUTH LAREDO STREET. SO AGAIN, THE, UH, FACE OF THE SIGN WOULD BE FACING THE EXPRESSWAY, UM, WOULD NOT BE SOMETHING THAT WOULD BE OBNOXIOUS TO ANYONE WALKING BY. THIS IS THE DISTANCE, UH, BETWEEN THE LOT AND SAN PEDRO CREEK. SO YOU CAN SEE WHERE I INSERTED SAN PEDRO CREEK. THAT'S GUADALUPE STREET. UM, AND AGAIN, IT'S APPROXIMATELY 750 FEET AWAY. THIS IS A PHOTOGRAPH ON THE LEFT OF THE VIEW FROM SAN PEDRO CREEK OFF OF GUADALUPE. YOU CAN KIND OF SEE A LITTLE BIT THE STRUCTURE, UM, AT THE TOP LEFT PORTION, BUT THE SIGN AGAIN WOULD BE BETWEEN THE STRUCTURE AND THE EXPRESSWAYS. SO YOU, THERE'S NO WAY YOU COULD SEE IT. UM, THE PHOTO ON THE RIGHT IS A, UM, A VIEW FROM SAN PEDRO CREEK AT SOUTH ALAMO. JUST DOWN THE STREET. YOU CAN KIND OF SEE ON THE LEFT, THE EXPRESSWAY, BUT YOU CAN KIND OF SEE WHERE THERE'S A, A BILLBOARD THERE. BUT ANY OTHER EXISTING ON-PREMISE SIGNS, INCLUDING [01:25:01] THE LUCY S DOGGY DAYCARE SIGN, IS NOT VISIBLE FROM THAT. UM, FROM THAT DISTANCE, FROM THAT VIEWPOINT. AGAIN, THIS IS, UH, ANOTHER PERSPECTIVE FROM, OF THE, UH, STRUCTURE AS IT'S BEING CONSTRUCTED. THE CORNER OF LAREDO STREET IN GUADALUPE, IF YOU'RE STANDING THERE, YOU CAN'T SEE THE SIGN. IT'S, IT'S BEING BLOCKED BY THE STRUCTURE. IF YOU'RE ON GUADALUPE STREET AND YOU'RE LOOKING, YOU CAN SEE THE HIGHWAY, BUT BECAUSE OF THE WAY THE BUILDING IS POSITIONED, YOU REALLY CAN'T SEE THE SIGN FROM THAT VIEW AS WELL. IF YOU'RE KIND OF ALMOST DIRECTLY UNDER THIS EXPRESSWAY AND YOU LOOK UP, YOU COULD SEE THE SIGN FACE. BUT, UM, WE DON'T THINK ANYONE'S REALLY GONNA DO THAT . SO IF THE, UM, RIO IS REMOVED FROM THAT 813 SQUARE FEET, UM, PORTION OF THE PROPERTY, IT WOULD ALLOW, UM, THE PER SIGN PERMIT THAT THE, UH, PROPERTY OWNER HAD INTENDED TO GET BEFORE THE RIO WAS APPLIED. WE DID MEET, UH, WITH THE LUM ASSOCIATION'S ARCHITECTURAL REVIEW COMMITTEE. UM, IN ADDITION TO MEETING WITH THEM, WE SPOKE WITH THEM SEVERAL TIMES AND THEY DID NOT HAVE ANY CONCERNS WITH THE SIGN. THEY SAID THEY SUPPORTED THE SIGN, THEY DIDN'T SEE ANY REASON WHY IT WOULD BE A PROBLEM. UM, THEY WERE GONNA SAY, STAY SILENT WITH THE, UM, WITH, AT THE ZONING COMMISSION MEETING AND THE CITY COUNCIL MEETING. BUT THEY DID, UH, SEND AN EMAILS SAYING THAT THEY SUPPORTED THE SIGN. UH, AND AGAIN, WE ALSO MET WITH, UH, JEFF ZER AND SCOTT CARPENTER BEFORE WE WENT TO H D R C ABOUT TWO WEEKS AGO. UM, AT THE HEARING IN THE END, THEY RECOMMENDED DENIAL OF THE ZONING CASE. UM, AND I THINK THAT THE MAIN CONCERN THAT THEY HAD, WELL, THERE WERE A COUPLE CONCERNS. ONE WAS THEY, THEY, THEY THOUGHT THAT IF THE RIO WAS REMOVED, WE STILL WOULDN'T BE ABLE TO GET THE SIGNED PERMIT, BUT THAT WAS CORRECTED LATER. UM, BUT THEIR MAIN CONCERN WAS THAT THIS MIGHT SET A PRECEDENT FOR OTHER DEVELOPERS TO USE TO, UM, TAKE ADVANTAGE OF IT, AND WE COMPLETELY UNDERSTAND THAT CONCERN. UM, IN ORDER TO ADDRESS THAT, WE HAVE PREPARED SIGN EASEMENT, WHICH I HAVE, UM, PROVIDED TO STAFF, BUT I ALSO PROVIDED THAT TO SAN ANTONIO RIVER AUTHORITY. I REACHED OUT TO THEM, UM, SPOKE WITH, UM, GILBERT JIMENEZ, WHO STATED THAT HE DIDN'T THINK IT WOULD BE A PROBLEM. THEIR ATTORNEYS LOOKING AT IT TO, UM, TO HOPEFULLY SIGN IT SO THAT WE CAN HAVE ANOTHER ENTITY OR ANOTHER PARTY ENFORCE IT. UM, THIS WOULD BE THE SORT OF GIST OF WHAT THE SIGN WOULD LOOK LIKE. UM, AGAIN, IT WOULD PROBABLY BE SMALLER THAN 197 SQUARE FEET, BUT, UM, BECAUSE OF THE HEIGHT OF THE HIGHWAY, WE WOULD NEED THE POLE TO BE APPROXIMATELY 33 FEET AND 10 INCHES TALL. UM, WE WOULD, UH, PUT IN THE, OR IT IS IN THE, UH, SIGN EASEMENT THAT THE SIZE OF THE SIGN COULD NOT INCREASE. UM, IT, IT WOULD HAVE TO STAY, UM, YOU KNOW, THAT SIZE OR SMALLER. UM, I PUT THIS TOGETHER. I'M NOT, YOU KNOW, A PROFESSIONAL GRAPHIC ARTIST, , BUT I WANTED TO SHOW THAT, UH, THE, THE MAIN PURPOSE OF THE SIGN IS FOR WAYFINDING. WE WANNA BE ABLE TO HAVE THEIR EMBLEM, I MEAN THEIR LOGO UP THERE, AND HAVE SOME SORT OF INDICATION THAT THIS IS WHERE WE ARE, GET OFF THE NEXT EXIT. YOU TURN AROUND IT, THAT THAT'S WHAT IT WOULD BE ON BOTH SIDES. UM, THIS IS THE UPDATED EASEMENT THAT RESTRICTS THE SIZE OF THE SIGNAGE. IT ALSO, UM, STATES IN THERE THAT IF FOR ANY REASON THE SIGN IS ABANDONED OR REMOVED, THEN THE, UM, REGULATIONS, THE DESIGN REGULATIONS FOR RIO SEVEN WOULD BE REINSTATED. AND, UM, IF SOMEONE WERE TO BUY THE PROPERTY AND REDEVELOP IT, UM, I THINK I JUST WANTED TO MAKE SURE THAT SOMEONE DIDN'T, UH, LOOK AT THAT 800 SQUARE FEET AND THINK, WELL, I CAN PUT SOMETHING THERE. AND, YOU KNOW, , UM, I THINK IT'S TOO SMALL TO BE DEVELOPED, BUT, UM, JUST TO BE SURE, YOU KNOW, WE DID THIS, UM, AGAIN, SAN ANTONIO AUTHORITIES' ATTORNEY IS LOOKING AT THIS RIGHT NOW, IN ADDITION TO SARAH, UM, BEING A PARTY TO THIS, HOPEFULLY. UM, I ALSO WANTED TO MAKE THE POINT THAT WHEN WE GET OUR ASSIGNED PERMIT, UM, I'M HOPING THAT CITY STAFF CAN PUT IN THE RECORD OR ON THE PERMIT THAT THE RESTRICTIONS THAT WE HAVE THAT THE SIZE COULD NOT EXCEED 197 SQUARE FEET FOR THE, FOR THE FACE. UM, AND IF IT WERE TO EVER BE REMOVED, THEN UM, YOU, YOU COULDN'T REINSTATE IT. UM, I WANTED TO, UH, REMIND YOU OF THE HARDSHIPS. AGAIN, IT ABUTS THE EXPRESSWAY AND THE STRUCTURE IS NOT VISIBLE IN REGARDS TO PEOPLE KNOWING WHAT THE STRUCTURE IS AS THEY'RE, UM, DRIVING BY. SO ANYONE WHO'S ON THE EXPRESSWAY WOULD BE REALLY IMPORTANT FOR THEM TO BE ABLE TO SEE SIGNAGE, TO KNOW, UH, WHERE THE FACILITY IS. UM, THE ONE-WAY STREET ON SOUTH LAREDO LIMITS THE, THE, UH, TRAFFIC THERE. SO THAT'S [01:30:01] ALSO A HARDSHIP. UM, AND WE DO NOT BELIEVE THAT THE, UM, SIGN WOULD BE CONTRARY TO THE INTENT OF THE RIO SEVEN REGULATIONS. SO WE'RE RESPECTFULLY REQUESTING SUPPORT FOR THIS. THANK YOU SO MUCH. UM, WE HAVE ANY CITIZENS TO BE HEARD? NO, SIR. OKAY. UH, COMMISSIONER GREATHOUSE, I'M GONNA LEAVE IT TO YOU. DO YOU WANNA TAKE A LITTLE BREAK? ALRIGHT, LET'S GO FORWARD WITH THIS CASE. LET'S TRY TO FINISH THIS ONE UP. SO COMMISSIONER GREATHOUSE STILL TO YOU THEN. THANK YOU. AND JUST TO KIND OF CHIME IN, WE DO HAVE, UH, MEMBERS FROM THE OFFICE OF HISTORIC PRESERVATION HERE IN CASE THERE'S ANY QUESTIONS RELATED TO, UH, THAT PROCESS. THANK YOU. YOU, UM, MS. RAMOS, A COUPLE QUESTIONS FOR YOU. UM, COULD YOU EXPLAIN JUST A LITTLE BIT THE, THE NEED FOR THE SIGNS, BECAUSE O OBVIOUSLY THE, THE DOCTOR WHO'S GOING TO HAVE PATIENTS WHO PROBABLY ALREADY KNOW WHERE THE OFFICE IS LOCATED. SO WHY IS THE HAVING A SIGN SO IMPORTANT FOR THIS, UH, FOR THIS FACILITY? THAT'S A GOOD QUESTION. UM, I APPRECIATE THAT. THERE ARE A COUPLE OF REASONS. ONE IS THAT THERE IS ANOTHER KIDNEY AND HYPERTENSION SPECIALIST FACILITY JUST DOWN THE STREET. SO IT COULD BE VERY CONFUSING AS TO WHERE THE PATIENTS WOULD GO, EVEN THOUGH THEY WOULD ALREADY HAVE APPOINTMENTS AND WE'D BE VISITING THE FACILITY. UM, A LOT OF HIS PATIENTS ARE VERY SICK AND THEY WOULD HAVE FRIENDS OR FAMILY DRIVE THEM, SO THEY, THEY MIGHT NOT REALLY BE FAMILIAR WITH WHERE IT IS. SO IT'S IMPORTANT TO HAVE THAT SIGN THERE FOR THAT PURPOSE. UM, BUT SECONDLY, UM, THE FACILITY IS NOT JUST GONNA TREAT PATIENTS, BUT THE FIRST FLOOR IS GONNA BE DEDICATED TO SORT OF LIKE, IT'S GONNA HAVE LIKE A LOBBY WITH AN ART GALLERY THAT'S GOING TO, UM, EDUCATE, UH, PEOPLE ON HEALTHCARE AND THE KIDNEYS AND THE HEART. AND THIS IS NOT GONNA BE LIMITED TO PATIENTS. THIS IS ACTUALLY GONNA BE OPEN TO THE PUBLIC FOR THEM TO GO IN. THERE'S GONNA BE AN, AN INTERACTIVE AREA FOR EDUCATION WHERE THEY CAN LEARN ABOUT HEALTHCARE. AND THE PURPOSE OF THAT IS TO BE PROACTIVE AND TEACH, UM, PEOPLE WHO WANT TO LEARN THAT YOU CAN TAKE CARE OF YOURSELF AND AVOID THESE TYPE OF ILLNESSES. UM, SO IT'S GOING TO BE MORE THAN JUST AN AREA WHERE HE WILL TREAT PATIENTS. IT'S GONNA BE A PUBLIC AREA FOR PEOPLE TO WALK IN. THERE'S ALSO GONNA BE A PUBLIC ART PIECE THAT'S GONNA BE, UM, PROPOSED ON THE, UM, FACIL ON THE GROUNDS. UM, AND IN ADDITION TO THAT, UM, HE'S GOING TO BRING NEW TECHNOLOGY TO, UH, THAT FACILITY THAT'S GOING TO BE FEATURED AND THERE'S GONNA BE RESEARCH AS WELL. SO, UH, THE, I GUESS THE REASON WHY HE CHOSE THIS LOCATION WAS SO THAT HE COULD ACTUALLY, UM, MAKE IT, UM, AN AREA WHERE PEOPLE CAN ACTUALLY GO VISIT, EVEN IF THEY'RE NOT PATIENTS. UM, AND I THINK THAT BRINGING AWARENESS TO THE CITY AND, UM, SHOWING THE IMPORTANCE OF WHAT HE'S BRINGING TO THE CITY, UM, IS IT WOULD BE REALLY DIFFICULT TO DO THAT WITHOUT SOME SORT OF SIGNAGE. THANK YOU. AND THEN JUST ONE MORE QUESTION, UM, THAT MAY BE FOR STAFF OR FOR YOU, WHOEVER CAN ANSWER IT. WHERE EXACTLY IS THE LOCATION OF THIS 813 SQUARE FEET THAT YOU ARE PROPOSING TO REMOVE THE OVERLAY FROM? UM, THE LOCATION IS ON THE WESTERN BOUNDARY OF THE LOT, AND IT IS RIGHT AGAINST THE, UM, THE BOUNDARY LINE THAT FACES THE HIGHWAY. SO MARCO, CAN YOU SHOW OUR ZONING MAP UP? THAT'S BETTER VIEW. THANK YOU. SO YOU CAN SEE WHERE, UM, THE HIGHWAY IS TO YOUR LEFT AND THE STRUCTURE THAT'S BEING BUILT IS, UM, TO THE RIGHT OF THE SIGN. SO IT WOULD BE BETWEEN THE SIGN AND THE STRUCTURE. AND THE WESTERN BOUNDARY OF THE TRACT IS ALSO THE WESTERNMOST BOUNDARY OF THE RIO SEVEN OVERLAY AT THAT POINT, CORRECT? CORRECT. THE WESTERN BOUNDARY LINE OF THE RIO SEVEN ACTUALLY RUNS ALONG THAT PROPERTY LINE. SO, UM, IT WAS REALLY IMPORTANT TO ALSO MAKE SURE THAT IT DIDN'T CREATE SORT OF LIKE A LITTLE DONUT. IT'S ACTUALLY JUST GOING TO MOVE THE BOUNDARY OVER BY 30 FEET IN THAT SMALL AREA. OKAY. THANK YOU. UM, MY OTHER QUESTIONS ARE FOR STAFF. UM, DO WE HAVE ANY OTHER CASES WHERE THE RIO OVERLAY HAS BEEN REMOVED FROM A PORTION OF A PROPERTY? IN OUR RESEARCH, WE ONLY FOUND ONE THAT HAD ORIGINALLY BEEN REQUESTED TO BE REMOVED. UH, BUT AFTER, UH, RECOMMENDATIONS FROM BOTH H D R C AND ZONING COMMISSION OF DENIAL, THE APPLICANT WITHDREW THE REQUEST TO ZONE IT OUT OF THE RIO. OKAY. AND ARE THERE ANY ALTERNATIVE MANNERS TO DEAL WITH THIS? THE ONLY OTHER ALTERNATIVE IS, UM, A [01:35:01] U D C AMENDMENT TO THE RIO SECTIONS IN ARTICLE SIX THAT WOULD ALLOW FOR POLL SIGNS. 'CAUSE RIGHT NOW THEY'RE PROHIBITED, UH, WHICH MEANS PROHIBITION LANGUAGE IS NOT SOMETHING THAT CAN BE REQUESTED TO THE BOARD OF ADJUSTMENTS. THE ONLY WAY TO, TO ALLOW SOMETHING THAT'S PROHIBITED IS EITHER ZONE IT OUT OF THE STANDARDS THAT PROHIBIT IT OR CHANGE THE STANDARDS. OKAY. THANK YOU. OKAY, THANK YOU. ANY FURTHER, UH, DISCUSSION? I'M SORRY. QUESTIONS FROM COMMISSIONERS ON MY LEFT? YES. COMMISSIONER HUEY? YEAH, I HAVE A QUESTION FOR THE, UH, APPLICANT'S REPRESENTATIVE. SO IT SEEMS, AND I I DO APPRECIATE THAT, UH, YOUR CLIENT WANTS TO OPEN UP THE, UH, THE FIRST FLOOR TO, UH, THE RESIDENCE IN THE AREA. UM, SO DO YOU ANTICIPATE THE AREA, THE RESIDENCE TO BE COMING FROM THE WEST SIDE OF GUADALUPE? WELL, IT WOULD BE OPEN TO ANYONE HE WANTED TO GO THERE. UM, NOT NECESSARILY JUST A RESIDENT, BUT ANYONE WHO WANTS TO, UH, LEARN ABOUT HEALTHCARE AND WHAT HE'S ACTUALLY GOING TO BE DOING THERE WOULD BE WELCOME TO COME IN AND, UM, EDUCATE THEMSELVES. UM, HE WILL BE FEATURING SOME OF THE NEW TECHNOLOGY THAT HE'S BRINGING TO TEXAS, UM, WITH IN REGARDS TO DIALYSIS AND ALSO MONITORING THE BRAIN AND HOW IT CONNECTS TO THE HEALTHCARE OF YOUR KIDNEYS AND HEART. SO, UM, HAVING AN INTERACTIVE AREA WHERE PEOPLE CAN ACTUALLY LEARN ABOUT THIS AND VISUALLY SEE IT IS IMPORTANT TO HIM TO, UM, BE PROACTIVE WITH THE COMMUNITY. SO IT COULD, IT COULD BE ANYONE WHO WANTS TO GO THERE SO THEY CAN, CAN I, I APPRECIATE THAT. BUT I'M LOOKING AT THE, THE NEIGHBORHOODS THAT, UH, WHERE A LOT OF THE RESIDENTS I WOULD IMAGINE WOULD, UH, USE THE SERVICES AND I DON'T THINK THEY CAN SEE THE SIGN FROM THE FREEWAY BECAUSE THEY WOULDN'T USE THE FREEWAY TO GET TO THE LOCATION. UM, NOT REALLY SURE. I UNDERSTAND THERE'S NO RESIDENTIAL AREA NEARBY, SO MOST OF HIS PATIENTS, UM, I HAVE A LIST OF ZIP CODES OF ALL HIS PATIENTS, BUT MOST OF HIS PATIENTS, UM, LIVE IN DISTRICT FIVE AND ALSO LIVE IN SOUTH SAN ANTONIO. SO, UM, THEY WILL BE USING THE EXPRESSWAY FROM THE AREAS WHERE THEY'LL BE TRAVELING, YOU KNOW, FOR VISITS. AND HE HAS OTHER FACILITIES AS WELL. SO I DON'T WANT YOU TO THINK THIS IS HIS ONLY FACILITY. HE HAS, UM, PROBABLY FOUR OTHER FACILITIES. UM, ONE IS OVER THERE BY, UM, SEAWORLD AND YOU, SO, SO HE HAS 'EM, YOU KNOW, BROKEN OUT. BUT THIS FACILITY IS NOT GONNA BE JUST A MEDICAL CLINIC WHERE PATIENTS GO FOR TREATMENT. IT'S ACTUALLY GONNA BE MORE ABOUT RESEARCH AND, UM, TECHNOLOGY AND EDUCATIONAL CENTER AND THAT SORT OF THING. COMMISSIONER, UH, I, I HAVE A QUESTION FOR THE APPLICANT. HAVE YOU CONSIDERED, UH, INSTALLING THE SIGN ON THE BUILDING ITSELF INSTEAD OF GOING THROUGH ALL OF THESE, UH, POLE POLE SIGNS AND GOING THROUGH THE RIO SEVEN? YES, HE DID. UM, AND WHEN HE RETAINED ME IN APRIL, THE FIRST THING I DID WAS GO TO STAFF AND ASK, YOU KNOW, IF THERE WERE ANY SORT OF WAY TO, UM, GET A ROOF SIGN OR TO, UH, WORK OUT SOMETHING TO WHERE THE SIGN COULD BE VISIBLE. UM, THE HEIGHT OF THE BUILDING DOES NOT ALLOW FOR ANY VISIBILITY OF THE SIGN WHEN IT'S ON THE TOP OF THE, IF IT'S, IF IT'S ON TOP OF THE, UM, THE TOP PORTION OF THE BUILDING. UM, SO, UH, WHEN WE WENT TO H D R C, THEY WERE VERY HELPFUL. THEY WEREN'T NECESSARILY OPPOSED TO THE SIGN, IT WAS MORE SO ABOUT THE REMOVAL OF THE RIO. UM, AND THEY DID SAY THAT WE COULD GO BACK TO MAYBE PROPOSE SOMETHING THAT WE COULD PUT LIKE ON THE ROOF OR ON THE TOP OF THE BUILDING. BUT IN RIO ROOF SIGNS ARE PROHIBITED. AND, UM, THERE'S A 50 SQUARE FOOT LIMITATION ON, UM, THE SIGNAGE ON THE STRUCTURE. AND BECAUSE OF THE HEIGHT OF THIS, OF THE STRUCTURE THAT'S BEING BUILT, UM, IT WOULDN'T BE VISIBLE UNLESS YOU'RE RIGHT THERE ON THE EDGE OF THE FREEWAY LOOKING, LOOKING AT IT, IT WOULD NOT BE VISIBLE. VISIBLE. THANK YOU. THANK YOU. ON MY RIGHT. ANY QUESTIONS? THANK YOU. HEARING NONE, COMMISSIONER GR. OKAY. UM, SO THIS, THIS HAS BEEN A BIT OF A DIFFICULT CASE, UM, FOR MANY REASONS. I REALLY LIKE THIS PROJECT. I THINK THAT THIS IS GREAT. I REALLY APPRECIATE, UM, MS. RAMOS AND EVERYTHING THAT, THAT YOU'VE BEEN DOING TO TRY TO HELP YOUR APPLICANT, HELP YOUR CLIENT, UM, WORK THROUGH THIS ISSUE. HOWEVER, I HAVE GREAT CONCERNS, UM, WITH THE REMOVAL OF THE RIO, AS YOU KNOW, WE, WE'VE DISCUSSED THAT. UM, I, I HAVE CONCERNS THAT, THAT WE'RE CREATING SWISS CHEESE THAT WE'RE, YOU KNOW, TAKING, EVEN THOUGH IT IS LOCATED ON THE, THE FAR WEST CORNER OR THE FAR WESTERN EDGE. UM, I'M CONCERNED [01:40:01] ABOUT THAT. I'M CONCERNED ABOUT FUTURE DEVELOPERS ATTEMPTING TO ABUSE THIS CASE AND CITING THIS CASE GOING FORWARD TO REMOVE THAT. UM, I'M CONCERNED, I WAS CONCERNED THAT SETTING A DANGEROUS PRECEDENT CONCERNED THAT WE HAVEN'T DONE THIS PREVIOUSLY. UM, BUT I WOULD LIKE TO HEAR FROM MY FELLOW COMMISSIONERS BEFORE MAKING, UH, A MOTION ON THIS CASE. COMMISSIONER SIPES, I WAS HOPING, UH, YOU WERE GONNA GIVE US SOME INPUT FIRST. UM, NO, I, I AGREE. THIS IS A REALLY, REALLY DIFFICULT CASE AND I, AND I, UH, SALUTE THE APPLICANT'S REP FOR REALLY THINKING E EVERY QUESTION THAT I WAS COMING UP IN MY HEAD, YOU, YOU ADDRESSED. UM, AND, YOU KNOW, THIS IS A, UH, WE ALWAYS TALK ABOUT WHAT PRECEDENTS THINGS SET, AND THAT'S, THAT'S THE ONE PART THAT RIGHT NOW I CAN'T GET GET PASSED, UNFORTUNATELY. UM, ANY DISCUSSION, COMMISSIONER ON MY RIGHT? YES. COMMISSIONER MCDANIEL FIRST AND THEN COMMISSIONER, JUST ECHOING EVERYTHING, MS. RAMOS, THAT I THINK YOU'VE DONE A, A GREAT JOB TRYING TO PULL THIS ALL TOGETHER TO HELP US UNDERSTAND EVERYTHING. I'M DISAPPOINTED. I WAS LOOKING AT MAYBE THE BOARD OF ADJUSTMENT AS A WAY TO GO WITH THIS, BUT NOW I UNDERSTAND WE CAN'T. RIGHT. UM, AND I TOO HAVE CONCERNS THAT JUST ABOUT STARTING UP THAT SLOPE BECAUSE THEN IT GETS A REQUEST COMING AFTER YOU. SO I, I'M NOT SURE HOW I'M GONNA GO ON THIS ONE. SAME THING. I JUST WANNA THANK YOU MS. KOS. NOW I KNOW WHY WE'RE SO PROUD OF YOU AS A U T S A ALUM . UM, YEAH, I MEAN, I THINK YOU MADE A GREAT ARGUMENT. I, I FEEL LIKE I HAVE TO DEFER TO THE COMMISSIONER ON THIS ONE BECAUSE I DON'T HAVE ANYTHING LIKE A RIO. I GUESS I HAVE SOMETHING LIKE A RIO DISTRICT, BUT, UH, WE'VE NEVER HAD ANY, ANY KIND OF VARIANCE FROM IT. SO, YEAH, SAME THING HERE. SORRY. ALRIGHT, AND I'M SORRY TO DO THIS, BUT I WAS HOPING TO TAKE A BREAK ABOUT 15 MINUTES AGO AND, UH, WE'VE GONE A LITTLE BIT LONGER THAN I WAS EXPECTING, SO I'M GONNA, UH, DECLARE THAT WE'RE GONNA BE IN RECESS FOR ABOUT 10 MINUTES. WE WILL CONTINUE DISCUSSION OF THIS ITEM WHEN WE RETURN. THANK YOU. THE TIME IS 3:09 PM WE STAND IN RECESS. ALRIGHT, LADIES AND GENTLEMEN, IT'S BEEN ABOUT 10 MINUTES AND THAT'S WHAT WE ANTICIPATED FOR OUR BREAK. PLEASE RETURN TO YOUR SEATS, PLEASE RETURN TO YOUR SEATS AND STOP TALKING AS WE ARE GOING TO RECONVENE THIS MEETING OF THE ZONING COMMISSION. THANK YOU. LADIES AND GENTLEMEN. UH, IT IS APPROXIMATELY THREE 19. THIS IS THE END OF OUR 10 MINUTE BREAK. UH, THAT RECESS IS NOW OVER. WE ARE BACK IN SESSION. WE ARE CONTINUING DISCUSSION, UH, COMMISSIONER DISCUSSION OF ITEM NUMBER 11. UH, SO WE HAD LAST HAD DISCUSSION FROM COMMISSIONERS ON MY RIGHT. WE ARE NOW GOING TO HAVE DISCUSSION FROM COMMISSIONERS ON MY LEFT. ANY DISCUSSION FROM COMMISSIONERS ON MY LEFT? COMMISSIONER HUEY, THANK YOU. YEAH, I ALSO DO HAVE CONCERN ABOUT THE, UH, THE SLIPPERY SLOPE OF REMOVING, UM, RIO FROM THIS AREA. I MEAN, I REALLY APPRECIATE THE, YOU KNOW, THE DOCTORS GOING IN AND, YOU KNOW, PUTTING IT IN A REAL NICE FACILITY, BUT, UH, I DON'T THINK THE SIGN IS REALLY GOING TO ADD, BUT RATHER TAKE AWAY FROM THE NEIGHBORHOOD. THANK YOU. UH, ANY FURTHER DISCUSSION? COMMISSIONERS ON MY LEFT. ALRIGHT, SO, UM, I DO HAVE SOME FEELINGS. I DO APPRECIATE YOUR PRESENTATION. I DO APPRECIATE, UH, THE REQUEST HERE, BUT, AND SINCE I DON'T KNOW WHERE THE MOTION'S COMING DOWN, UH, I THINK I JUST HAVE TO SAY THIS, I THINK IT LIGHT OF THE H D R C ACTION IN LIGHT OF THE CONCERNS REGARDING SORT OF PICKING AND CHOOSING CERTAIN SMALL PARCELS, UH, WITHIN THE RIO PROTECTIVE AREA OR WHATEVER THOSE OVERLAY, UM, YOU KNOW, I THINK I WOULD BE IN SUPPORT OF DENIAL AT THIS POINT. GREAT HOUSE. OKAY. UM, SO GIVEN THE CON THE CONCERNS OF MY FELLOW COMMISSIONERS AS WELL AS MY OWN CONCERNS, UM, I'M GONNA BE MAKING A MOTION FOR DENIAL OF THIS CASE. UM, I I REALLY HOPE THAT THERE IS A WAY THAT, UH, THAT THE APPLICANT CAN CONTINUE FORWARD IN A DIFFERENT MANNER, UM, BECAUSE THERE ARE OTHER POLL SIGNS LOCATED ALONG THE EXPRESSWAY. UM, I HOPE THAT YOU'RE ABLE TO WORK WITH STAFF TO FIGURE OUT [01:45:01] HOW TO MOVE FORWARD WITH THIS BECAUSE I, I, I DO AGREE THAT, THAT IT IS, IT IS A BIT OF A HARDSHIP. HOWEVER, I THINK THAT WE'RE CONSTRAINED BY THE CODE. I THINK WE'RE CONSTRAINED BY WHAT WE CAN CONSIDER HERE, OBVIOUSLY BY WHAT THE BOARD OF ADJUSTMENT CAN CONSIDER. SO, UM, BUT I AM JUST EXTREMELY CONCERNED THAT WE WILL START DOWN THIS PATH AND WE WILL HAVE PEOPLE WHO DON'T HAVE THE SAME GOOD INTENTIONS THAT YOUR CLIENT HAS AND THAT THERE WILL BE AN ABUSE OF THIS. THERE'S A MOTION. IS THERE A SECOND? SECOND MOTION AND A SECOND. UM, GIVEN WHERE WE ARE, I WOULD LIKE TO GIVE ONE LAST OPPORTUNITY FOR DISCUSSION. COMMISSIONER'S ON MY RIGHT. COMMISSIONER'S ON MY LEFT. ALRIGHT. HEARING NO FURTHER DISCUSSION, ROLL CALL, VOTE PLEASE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER HUEY? YES. COMMISSIONER KAMATH? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER ROMERO? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSTAMONTE. AYE. MOTION PASSES. THANK YOU MA'AM. ALRIGHT, MOVING ON TO THE NEXT ITEM, PLEASE. THIS IS ITEM NUMBER 12, ZONING CASE Z TWO 19 1 MILLION 701 96. WAS REQUEST TO CHANGE THE ZONING FROM R FIVE H RESIDENTIAL SINGLE FAMILY DIG, DIGNITY HILL, HISTORIC TO ID Z ONE WITH USE OF PERMIT FOR TWO RESIDENTIAL UNITS LOCATED 19 9 1 0 NORTH HACKBERRY STREET. 26 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. ONE IN FAVOR, ONE IN OPPOSITION AND DIGNITY. HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THE PROPERTY IS LOCATED WITHIN THE DIGNITY HILL NEIGHBORHOOD PLAN AND IS CURRENTLY DESIGNATED AS LOW DENSITY RESIDENTIAL IN THE FUTURE LAND USE COMPONENT OF THE PLAN. THE REQUESTED I D Z ONE IS CONSISTENT WITH THE ADOPTED LAND USE DESIGNATION AS THE USES AND DENSITY ARE CONSISTENT. STAFF RECOMMENDS APPROVAL AND THE REPRESENTATIVE IS PRESENT REPRESENTATIVE FOR ITEM NUMBER 12, BUCK BENSON, 7 4 5 EAST MULBERRY SUITE 5 5 0 FOR THE APPLICANT. I TO BE IN FRONT OF YOU ALL AFTER THE LITTLE RECESS. UM, YOU KNOW, I APPRECIATE THE TIME, UH, THIS CASE. UH, AS NOTED, WE ARE REZONING THIS PARTICULAR PIECE OF PROPERTY FROM R FIVE TO I D Z ONE TO ALLOW FOR TWO SINGLE FAMILY HOMES. THE, UH, CASE HAS BEEN TO H D R C ALREADY FOR CONCEPTUAL APPROVAL, WHICH WAS, UH, APPROVED. AND UH, ONE OF THE ISSUES THAT I THINK YOU'LL MAY HEAR IS, IS THAT WE'D ORIGINALLY FILED THIS REQUEST AS R TWO BECAUSE THAT, THAT NEW ZONING DISTRICT, UH, ALLOWS FOR THIS SPECIFIC, UM, TYPE OF PRODUCT. UH, BUT UPON FURTHER REVIEW OF THE U D C, THE CODE LIMITS THE SIZE OF R TWO LOTS TO 2,999 SQUARE FEET. OUR CURRENT LOT IS 5,500 SQUARE FEET. SO IN ORDER TO GET R TWO, WE WOULD HAVE TO ACTUALLY STOP REPL THE PROPERTY, UH, INTO TWO SEPARATE LOTS AND COME BACK AT R TWO. SO WITH THAT, WE, WE WORKED WITH STAFF TO COME UP WITH AN APPROPRIATE ZONING TO ALLOW FOR THIS SPECIFIC USE. AND THAT WAS I D Z ONE. SO THE SITE PLAN THAT YOU HAVE BEFORE YOU IS EXACTLY WHAT WE'RE GONNA BE BUILDING. ANY DEVIATION FROM THAT WILL REQUIRE RESUBMITTAL, UH, TO THIS COMMISSION. UH, AS STAFF NOTED, WE DID MEET WITH THE DIGNITY HILLS, UM, ASSOCIATION AS A WHOLE. WE ALSO MET WITH THEIR NEIGHBORHOOD DEVELOPMENT ADVISORY COMMITTEE, UH, PRIOR TO THAT, A PRETTY IN DEPTH REVIEW, UM, IN TERMS OF WHAT WE'RE DOING AND, AND AS STAFF NOTED, I THINK BOTH LEVELS ARE SUPPORTIVE OF OUR REQUEST. UM, WITH THAT, I'M GONNA STEP BACK AND, AND BE HAPPY TO ANSWER ANY QUESTIONS, BUT I THINK THERE'S SOME FOLKS HERE THAT, THAT THEY'RE GONNA SPEAK TO. UH, UM, SPEAK TO THE, HOW OUR REQUEST KIND OF CAME ABOUT. BUT AGAIN, I'M, I'M GONNA PROBABLY COME BACK UP FROM REBUTTAL. THANK YOU MR. BENSON. UH, ARE THERE PEOPLE TO SPEAK ON THIS ITEM? VALERIE CORTEZ? UH, GOOD. HELLO, MY NAME IS VALERIE CORTES AND I RESIDE AT 5 0 8 LAMAR. UM, I AM HERE TO OPPOSE THE I D Z ONE ZONING. I FEEL THAT THE DEVELOPER SHOULD BE ABLE TO GET HIS PLAN DEVELOPED, HIS, HIS PRODUCT ON AN R TWO. UH, I'M NOT, I'M NOT GREAT. I'M NOT, UH, VERY KNOWLEDGEABLE. BUT LOOKING AT THE R TWO ON CHART OR TABLE THREE 10 DIFFERENT, DIFFERENT PEOPLE HAVE TOLD ME DIFFERENT THINGS. ONE CASE MANAGER SAID A PLAN AMENDMENT SHOULD HAVE BEEN DONE FIRST BECAUSE IT'S GOING FROM LOW DENSITY RESIDENTIAL TO AN I D Z, WHICH WAS NOT IN THE FUTURE [01:50:01] LAND USE OF THE NEIGHBORHOOD. ANOTHER CASE MANAGER SAID, NO, THAT'S NOT NEEDED. SO ME JUST GOING BY WHAT I CAN MAKE OUT. SOMEONE ELSE SAID I D Z ONE IS EXACTLY THE SAME AS R TWO, BUT IT'S NOT, I DON'T FEEL THIS CHART SAYS I D Z ONE HAS NO SIGHT SETBACK AND NO REAR SETBACK. AND THE FRONT SETBACK IS WITHIN 10% OF MEDIUM BLOCK FACE. THE R TWO SAYS YOU HAVE A 10 FOOT FRONT SETBACK, A SIDE SETBACK OF FIVE FEET, AND A REAR SETBACK OF FIVE FEET. SO THERE'S SOME DIFFERENCES THERE. SECOND THING YOU'RE PROBABLY GONNA TO HEAR IS WITHIN THIS MAP THAT THEY'RE GONNA PROBABLY SHOW YOU THERE ARE OTHER I D Z PROPERTIES. I'M GONNA, I'M GONNA TALK TO THAT. IN 2012, RANDOM PROPERTIES BETWEEN 12 AND 16, MINE INCLUDED, WERE SLAPPED WITH I D Z ON IT WITHOUT US WANTING IT ON THERE. WE HAVE BEEN FIGHTING AND PETITIONING TO GET THOSE PROPERTIES REMOVED FROM THE PEOPLE WHO DIDN'T EVEN KNOW AS FAR AS 2014 THAT IT WAS ON THEIR PROPERTY. WE EXPLAINED, GOT THE EXPLANATIONS FROM THE SAN ANTONIO WEBSITE, THE OFFICIAL WEBSITE WENT DOOR TO DOOR, GETTING ALL THAT DONE FOR ME. I D Z OF ANY KIND IS NOT IN LINE WITH THE DITY HILL NEIGHBORHOOD HISTORICAL DISTRICT. THAT IS MY STANDING. I'M OPPOSED TO IDZ ONE. I THINK HE, HE COULD POTENTIALLY HAVE A GOOD PRODUCT HERE AND A GOOD DESIGN AND EVERYBODY, HE WOULD BE HAPPY SECONDS. I DON'T LIKE SECONDS. THE FACT THAT THEY'RE PUSHING EVERYBODY TO AN I D Z, I WANT TO PRESERVE MY RESIDENTIAL AREA. THAT'S WHY IT'S HISTORICAL. THAT'S WHY IT WAS DESIGNATED HISTORICAL NOT TO START CRAMMING AS MANY SARDINES IN A CAN AS YOU POSSIBLY. AND YOU'RE GOING TO HEAR, AND YOU'RE GONNA SEE THE MAPS, I'M SURE SOMEBODY WILL SHOW 'EM TO YOU. ALL OF THOSE PROPERTIES THAT ARE I D Z AROUND IT, MANY OF US FOUGHT IT. WE CAME DOWN HERE, WE WENT ALL THE WAY TO CITY COUNCIL AND WE WERE IGNORED. THEY WEREN'T GONNA PULL THAT LITTLE PIECE OUT OF THE 2009 NEIGHBORHOOD PLAN. THANK YOU. MAY I GIVE THESE GUYS? THESE ARE ALSO THE PETITIONS THAT I PICKED UP MY HAND IT TO STAFF AND STAFF WILL PROVIDE IT TO US. THANK YOU. THANK YOU. COLIN JENS. SURE. THANK YOU. UH, COLIN JONES, 1123 NOLAN. UH, WITH THAT, UH, I, FIRST I WOULD LIKE TO COMMEND, UH, UH, BUCK AND HIS TEAM FOR, FOR, UH, THE MEETING THERE AT DIGNITY HILL, AT THE NA UH, AS TO WHAT, UH, VALERIE'S SAYING, MANY OF THE PEOPLE I'VE SPOKEN WITH ARE ON BOARD FOR THE PROJECT AS IT IS. UH, AND THEN EVERYBODY WAS, UH, NEEDLESS TO SAY SOME CONCERNS ABOUT HOW WE GOT FROM I D Z TO R TWO. I THINK IT'S IRONIC THAT WE'VE ALREADY HEARD THIS ARGUMENT ONCE TODAY IN THAT THE, THE APPLICATION OF I D Z WHEN O WHEN SOMETHING ELSE, A MORE FRIEND, NEIGHBORHOOD FRIENDLY, IF YOU WILL, ZONING APPEARS TO WORK. I UNDERSTAND THAT THESE, THAT THIS LOT IS SOMEWHAT, UH, NON-CONFORMING. BUT I WOULD LIKE TO POINT OUT THAT THAT'S NOT IN THE U D C CODE. SO HAVING SAID THAT, IT'S VERY FRUSTRATING FOR SOMEONE WHO'S TRYING TO BE ENGAGED, LOOKING FOR SOMETHING TO WORK FROM. AND THEN WHEN YOU GET TO THIS POINT, WE'RE WORKING FROM THE SAME THING, BUT IN TWO DIFFERENT DIRECTIONS. SO WITH THAT, I WOULD, UH, ME PERSONALLY, I TOTALLY SUPPORT THIS PROJECT, BUT I HAVE GREAT CONCERNS ABOUT THIS. I D Z ONE OF THE COMMISSIONERS EARLIER, I THINK TALKING ABOUT THE RIO OPENS, MENTIONED THE, UH, THE PHRASE SLIPPERY SLOPE. HERE IT IS AGAIN, BECAUSE WITHIN SIX MONTHS THERE'S GONNA BE A DEVELOPER COME IN, SAY TWO OR THREE BLOCKS FROM HERE AND THEY'RE GONNA USE THIS CASE TO JUSTIFY. BUT I'M WILLING TO BET WHAT THEY COME UP WITH THIS WILL BE, WILL BE A FAR CRY FROM THE NEIGHBORHOOD FRIENDLY, UM, UH, APPROACH THAT BUCK AND HIS TEAM ARE TAKING. THANK YOU VERY MUCH. THAT'S ALL THAT SIGNED IN TO SPEAK. PARDON ME. UM, ALRIGHT. WELL THEN COMMISSIONER TOSEN. STEVE, WE'D LIKE TO HEAR FROM, UH, FELLOW COMMISSIONERS ON THIS PARTICULAR CASE. OH, I'M SORRY. FORGIVE ME. I'VE AGAIN SKIPPED AHEAD MR. BENSON. UH, IF YOU'D LIKE REBUTTAL. TWO MINUTES. THANK YOU, MR. CHAIRMAN, MEMBERS OF THE COMMISSION. UM, I, I THINK THE VERY, I MEAN, I THINK THIS COMMISSION AS WELL AS CITY COUNCIL, UH, UNDERSTOOD THE CONCERNS ABOUT I D Z ZONING AND AS A WHOLE. AND SO THERE WERE AMENDMENTS TO THE U D C, INCLUDING I D Z ONE AND I D Z TWO, UH, THAT CALL FOR SPECIFIC PSYCH PLANS TO GO FORWARD OR BE PART OF THE [01:55:01] ORDINANCE. I MEAN, WHAT WE'RE BUILDING HERE OR WHAT YOU'RE SEEING IS WHAT WE'RE GONNA BUILD. UM, WE'RE NOT, WE, WE CAN'T DEVIATE THAT FROM THAT WITHOUT COMING BACK TO THIS COMMISSION. UM, I THINK STAFF COULD PROBABLY GIVE YOU MORE DETAIL ON THE SUB DEFINITION OF SUBSTANDARD LOT AND WHY R TWO AT THIS PARTICULAR MOMENT IS NOT APPROPRIATE FOR THE SITE. UH, PROBABLY LET THEM PREFERRED THEM TO COMMENT ON THAT THAN, THAN MYSELF. BUT WE, WE SIMPLY WANT TO BUILD TWO SINGLE FAMILY STRUCTURES WITH ALL, WITH THE SETBACKS, UH, THE PARKING SQUARE FOOTAGE, EVERYTHING THAT'S LAID OUT BEFORE YOU. AND I THINK THE IDZ ONE WITH SITE PLAN BEING PART OF THAT REQUEST, UH, WILL CERTAINLY AFFORD, UM, THE, THE RESIDENTS, UH, PROTECTION. AGAIN, WE MET WITH THE, THE COMMITTEE FOR DIGNITY HILLS AS WELL AS THE ASSOCIATION AS A WHOLE, A WHOLE I I I I I HEARD SUPPORT. I THINK THEY EVEN PROVIDED A LETTER THAT, TO THAT EFFECT. BUT AGAIN, I, WE WANNA DO THE PROJECT AND WE THINK THIS IS, UH, YOU KNOW, APPROPRIATE ZONING THAT WILL ENSURE THAT THE PROJECT IS BUILT THE WAY WE SAY IT WAS GONNA BE BUILT WITH ALL THE SETBACKS AND ALL THE OTHER INFORMATION, UH, AS PART OF THE ORDINANCE. THANK YOU. COMMISSIONER TOSEN, YOU WANT TO CONTINUE TO THROW IT TO OTHER COMMISSIONERS? YES. ALRIGHT. SOUNDS GOOD. UH, LET'S GO AHEAD AND START WITH COMMISSIONERS ON MY LEFT, MR. GREATHOUSE. UM, I HAVE SOME QUESTIONS. UM, FIRST FOR THE STAFF, UM, ONE OF THE, THE INDIVIDUALS WHO SPOKE MENTIONED THAT THERE WAS SOME REZONING THAT WENT ON TO I D Z IN THIS AREA. COULD YOU EXPLAIN A LITTLE BIT OF THAT PROCESS? SURE. UM, SO I WANT TO, IT WAS MAYBE CLOSE TO 10 YEARS AGO, UH, DIGNITY HILL WENT THROUGH A LARGE AREA REZONING PROCESS AFTER THE ADOPTION OF THE DIGNITY HILL NEIGHBORHOOD PLAN. UM, AND, UH, A LARGE AREA WAS UNDERTAKEN TO REZONE TO EITHER, UH, TRADITIONAL SINGLE FAMILY RESIDENTIAL DISTRICTS OR IN SOME CASES, DEPENDING UPON THE LOCATION AT CERTAIN INTERSECTIONS, I D Z, WHICH WOULD ALLOW FOR A MIXED RESIDENTIAL WITH LIKE COMMERCIAL USES AT THOSE INTERSECTIONS, PROPERTY OWNERS WERE NOTIFIED, UM, AND, UH, OF BOTH HEARINGS AND, UH, THERE WERE SOME PEOPLE THAT WERE OPPOSED TO IT, BUT COUNSEL DID ULTIMATELY APPROVE THE REZONING PLAN. SO, UM, I D Z WAS ESTABLISHED ON SOME PROPERTIES. IT WAS THE OLD I D Z APPLICATION. SO THE OLD I D Z IS UNDER A DIFFERENT SET OF RULES THAN THESE NEW I D Z CATEGORIES. OKAY, THANKS. AND THEN, UM, GOING BACK TO WHAT MR. BENSON SAID, COULD YOU EXPLAIN TO US WHY R TWO IS NOT APPROPRIATE? SO R ONE AND R TWO, UH, WAS CREATED OUT OF THE WORK OF THE TASK FORCE RELATED TO I D Z. UM, THE, SOME OF THE TASK FORCE MEMBERS WANTED TO CREATE ANOTHER CONVENTIONAL SINGLE FAMILY RESIDENTIAL DISTRICT FOR THE SMALLER LOTS. UH, BECAUSE SOME NEIGHBORHOODS WERE CONCERNED WITH I D Z. UH, HOWEVER, THAT COUNCIL, WHEN IT WAS APPROVED, THERE WAS AN AMENDMENT MADE, UH, AT COUNCIL TO LIMIT HOW MUCH CAN BE REQUESTED IN ORDER TO PREVENT THE SATURATION OF COMPACT SMALL LOT SUBDIVISIONS. SO SOMEONE COULD NOT SUBMIT A REQUEST FOR AN ACRE AND THEN SUBDIVIDED INTO 1250 OR 2000 SQUARE FOOT LOTS AND CREATE VERY SMALL LOTS, UM, WITHIN DISTRICT FOUR, UH, BECAUSE R ONE AND R TWO WOULD BE APPLICABLE TO THE ENTIRE CITY. SO THE AMENDMENT WAS MADE AT THE DS TO LIMIT THE AMOUNT TO 2,999 SQUARE FEET. SO NO ONE CAN SUBMIT A REQUEST LARGER FOR THAT. THEY'D HAVE TO GO UP TO THE NEXT DISTRICT, WHICH IS R THREE AND THEN ON UP. SO THAT'S WHY, THAT'S WHY THERE'S A LIMITATION. AT THE SAME TIME, THE REASON WHY THEY MADE THE LIMITATION IS BECAUSE THEY RECOGNIZE THAT ID Z ONE IS STILL AN OPTION THAT CAN BE REQUESTED, WHICH ACCOMPLISHES THE SAME THING AS R ONE, EXCEPT THAT IT'S MORE RESTRICTIVE ID Z ONE HEIGHT LIMITATION IS RESTRICTED TO TWO AND A HALF STORIES, 35 FEET. R ONE AND R TWO ALLOWS FOR THREE STORIES. SO ID Z ONE IS ACTUALLY MORE RESTRICTIVE, AND OF COURSE ID Z ONE HAS A SITE PLAN REQUIREMENT IF THERE'S MORE THAN ONE SINGLE FAMILY HOME. SO THAT'S ANOTHER LIMITATION AND RESTRICTION THAT IDZ ONE HAS THAT R ONE, R TWO DOES NOT. OKAY, THANK YOU. ANY FURTHER QUESTIONS? COMMISSIONERS ON MY LEFT. COMMISSIONERS ON MY RIGHT. DANIEL, QUESTION FOR THE APPLICANT. CAN YOU, UM, AND MAYBE I MISSED IT. DESCRIBE A LITTLE BIT MORE ABOUT THE STRUCTURE. ARE THESE SINGLE STORY OR ARE THEY ACTUALLY GOING TWO TWO STORY TWO. YES MA'AM. OKAY. I MISSED THAT. UM, AND TWO PROPERTIES EACH WITH, IS THAT A CARPORT OR A GARAGE? CARPORT. OKAY. UM, THAT'S ALL THE QUESTIONS I HAVE. I JUST NEED TO CLARIFY THAT. THANK YOU. THANK [02:00:01] YOU. FURTHER QUESTIONS, COMMISSIONER MORANT, ONE QUICK QUESTION, IF WE CAN GET THE SITE PLAN UP PLEASE. UM, AND THIS IS EITHER FOR THE APPLICANT OR FOR STAFF, BUT YOU KNOW, WHEN WE'RE TALKING ABOUT THE SETBACKS ON I D Z COMPARED TO R TWO, THESE SEEM TO BE PRETTY MUCH IN LINE WITH WHAT THE SETBACKS WOULD BE IN R TWO. IS THAT A FAIR? THAT IS CORRECT. THEY DO HAVE FIVE FOOT REAR. FIVE FOOT SIDE. THANK YOU MR. TOSEN. GONNA MAKE A MOTION TO APPROVE. MOTION. IS THERE A SECOND? SECOND MOTION AND A SECOND. ANY FURTHER DISCUSSION? COMMERS ON MY RIGHT. HEARING NONE. COMMISSIONER'S ON MY LEFT. COMMISSIONER GREATHOUSE? YES. UM, I JUST WANNA SAY THANKS TO THE RESIDENTS THAT CAME OUT AND SPOKE. UM, I, I WILL BE SUPPORTING THIS MOTION, UM, WHILE I SHARE SOME OF THE SAME CONCERNS THAT THEY EXPRESSED WITH RESPECT TO I D Z IN OLDER NEIGHBORHOODS. UM, BEING IN DISTRICT ONE AND MYSELF RESIDING IN A HISTORIC DISTRICT, I UNDERSTAND THOSE CONCERNS. HOWEVER, I THINK IN THIS CASE, GIVEN THE SITE PLAN, GIVEN THE FACT THAT THE NEIGHBORHOOD SEEMS TO BE GENERALLY IN SUPPORT OF THIS DEVELOPMENT THE WAY THAT IT IS, AND THE FACT THAT THE, UM, THE DEVELOPER WILL NOT BE ABLE TO CHANGE THE SITE PLAN WITHOUT GOING THROUGH A REZONING, I BELIEVE THAT, UM, THAT, THAT THIS ADEQUATELY PROTECTS YOUR INTERESTS. AND WHILE I KNOW THAT YOU DON'T WANT TO SEE I D Z PROLIFERATE IN YOUR NEIGHBORHOOD, I DO THINK IN THIS INSTANCE THAT IT IS PROBABLY THE BEST OPTION AVAILABLE. ANY FURTHER DISCUSSION? COMMERS ON MY LEFT. HEARING NONE, ROLL CALL VOTE PLEASE. COMMISSIONER TOLSON? YES. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER HUI? YES. AND COMMISSIONER BUSMAN. AYE. MOTION PASSES. IF WE COULD MOVE ON TO THE NEXT ITEM, PLEASE. GOOD AFTERNOON. MICHAEL PLANNER DEVELOPMENT SERVICES. THIS IS ITEM NUMBER 17, LOCATED AT 1 9 6 3 5. REBO ROAD IS A REQUEST FOR CHANGE OF ZONING FROM RP TO R P S WITH SPECIFIC USE AUTHORIZATION FOR A MANUFACTURED HOME AND L AND I EIGHT NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. NONE WERE RETURNED IN FAVOR FOR AND OPPOSITION. THERE IS NO NEIGHBORHOOD ASSOCIATION AND THERE WERE 20 LETTERS OF OPPOSITION FROM OUTSIDE CITY LIMIT IN THE SURROUNDING AREA. STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT. RIGHT. THANK YOU. THE APPLICANT PLEASE. GOOD AFTERNOON. I'M DAVID DYE WITH DYE DEVELOPMENT. WE'RE LAND SURVEYORS AND CIVIL ENGINEERS. MY ADDRESS IS 1 7 1 7 4 IRON GATE RAIL, SAN ANTONIO 7 8 2 4 7. WE, UH, HAVE BEEN RETAINED BY GEORGE AND AMY, UH, GRAY, WHO, UH, OWN THIS 30 ACRES. THAT'S ALSO THEIR HOME. THEY, THEY HAVE A HOME THERE WHERE THEY RESIDE AND THEY HAVE A FIVE UNIT RV PARK THAT'S ON THE PROPERTY. THEY PURCHASED THE TRACT IN, UH, MAY 26TH, 2015. AND IT WAS IN THE COUNTY AT THAT TIME. AND WHEN THEY, UH, AS PART OF THEIR CONTRACT OF SALE, THERE WAS A MOBILE HOME ON THE SITE UP IN THE FRONT WHERE THE RV PARK, UH, IS. AND, UH, THE SELLERS, UH, TOOK THAT WITH THEM AND THEN GEORGE AND AMY THEN CONVERTED THAT. THEY BASICALLY USED THE EXISTING, UH, SEPTIC SYSTEM AND, UH, YOU KNOW, WATER CONNECTION THERE AND ELECTRIC AND, AND CREATED THOSE FIVE RV SPACES. IN JUNE OF 2017. THE CITY ANNEXED THIS AREA. IT WAS THE NEAL ROAD ANNEXATION, AND THEY DID NOT, UH, PROTEST THE ANNEXATION. SO WHEN IT WAS ANNEXED, IT WAS, UH, JUST, YOU KNOW, THE DE I GUESS I WOULD CALL IT A DEFAULT ZONING WAS PUT ON IT OF RP AND, UH, BUT RP DOES NOT ALLOW THEM TO DO WHAT THEIR VISION FOR THE PROPERTY WAS FROM WHEN THEY PURCHASED IT. SO THAT WAS, UH, JUST AN OVERSIGHT AT THAT TIME. UH, THIS ZONING REQUEST ASKS FOR THREE DIFFERENT ZONES. [02:05:01] THERE'S THE, UH, WELL, LET ME BACK UP. WHAT THEY WANT TO DO, THEIR, THEIR DESIRE AND THEY'RE HERE. UH, AMY WILL BE ABLE TO SPEAK TO THEIR PERSONAL DESIRES AND ALL THAT. BUT BOTTOM LINE IS, IS THAT GEORGE WORKS IN THE OIL FIELDS IN THE PERMIAN BASIN. HE'S GONE FREQUENTLY AND HE WANTS TO ULTIMATELY GET WHERE HE CAN BE HERE AND THE RV PARK GENERATE INCOME SO THAT HE CAN REMAIN AT HOME. AND THEN HE IS A, UH, HE'S A MAN OF MANY SKILLS. HE'S GOT A SOLAR, UH, PRODUCT THAT HE WANTS TO, TO DEVELOP AND, UH, AND ACTUALLY MANUFACTURE AND THEN COMBINE THAT WITH A TINY HOME MANUFACTURING THAT HE HIMSELF WOULD DO ON HIS PROPERTY. AND AMY IS VERY INTERESTED IN, UH, IN, UH, MINISTRY. AND SHE, SHE HAS BEEN IN CHARGE OF A FOOD BANK BEFORE WHERE THEY PREVIOUSLY LIVED. SHE WANTS TO, UH, CONSTRUCT A, A SMALL COMMERCIAL BUILDING ON THE FRONT OF THE PROPERTY THAT WOULD BE A, A FOOD BANK WHERE RESIDENTS COULD COME TO GET FOOD AND, AND, UH, YOU KNOW, FOOD SUPPLIES TO, TO HELP THEM. SO NOW THEY, UH, AND UH, EARLIER THIS YEAR, THIS SUMMER IN JULY, THE CITY APPROVED A NON-CONFORMING, UH, UM, APPLICATION FOR THE EXISTING FIVE RV SLOTS. THE PROPERTY IS LOCATED IN THE, IN THE HERITAGE SOUTH PLAN. AND IN THAT THE, I'M GONNA READ A LITTLE BIT OUT OF THE CITY'S PLAN, UH, WHAT THE VISION STATEMENT IS. THE VISION STATEMENT IS THIS, IT SAYS, THE HERITAGE SOUTH SECTOR HAS WIDE OPEN SPACES COMPOSED OF SOUTH TEXAS GRASSLAND PRAIRIES WITH GREAT POTENTIAL FOR SUSTAINABLE GROWTH FOR GENERATIONS. AFFORDING THE OPPORTUNITY TO ENJOY THE RICHNESS OF THE AREA. THE COMMUNITY WILL BUILD UPON THE FOUNDATION OF ITS HERITAGE AND ENSURE A BRIGHTER FUTURE BY PLANTING SEEDS OF ECONOMIC DEVELOPMENT, INTEGRATING THE BEST OF URBAN AND RURAL LIFE THROUGH PLANNED DEVELOPMENT WITH SAFE NEIGHBORHOODS IN A PREMIER EDUCATIONAL SYSTEM. IN THE FORWARD TO THE PLAN, UH, IT, IT SAYS, UH, AND THIS IS WHAT IT'S ENCOURAGING, IS DEVELOPERS WHO WANT TO SATISFY MARKET DEMAND FOR RESIDENTIAL UNITS AND RETAIL OFFICE AND INDUSTRIAL SPACE COMPANIES WHO WANT TO LOCATE OR EXPAND TO A STRONG COMMUNITY THAT PROVIDES A HIGH QUALITY OF LIFE FOR THE EMPLOYEES AND CITIZENS WHO WANT EFFICIENT TRANSPORTATION SYSTEMS, SAFE NEIGHBORHOODS, QUALITY SCHOOLS, AND JOB OPPORTUNITIES ALSO SAYS THE SECTOR PLAN HAS BEEN CRAFTED TO ALLOW FLEXIBILITY TO ADDRESS CHANGES IN COMMUNITY CIRCUMSTANCES AND PRIORITIES THAT MAY OCCUR OVER TIME. NOW, OBVIOUSLY WHEN THE CITY CAME IN TO ANNEX THE, THIS WHOLE NEIL WROTE ANNEXATION, THERE WERE NUMEROUS PROPERTY OWNERS THAT DID NOT WANT TO BE ANNEXED, AND MANY OF THEM WERE NOT. YOU KNOW, YOU CAN LOOK AT THE ZONING MAP AND IT SHOWS HOW MUCH IS ACTUALLY OUTSIDE THE CITY LIMITS. FOR INSTANCE, OUR NEIGHBOR RIGHT TO THE NORTH, UH, THEY'RE AN O C L, THEY'RE OUTSIDE THE CITY LIMITS OUT BY DEFINITION OF ANNEXATION. THE CITY IS GROWING AND HAS THESE NEEDS THAT'S OUTLINED IN THE SECTOR PLAN, AND IT OBVIOUSLY INVOLVES NEW DEVELOPMENT. AND THE CITY IS WANTING TO ATTRACT NEW DEVELOPMENT. AND WHAT GEORGE AND AMY ARE PLANNING FITS PERFECTLY WITH THIS SECTOR PLAN STARTERS, THE, THE RV PARK, THEY'RE PROPOSING, UH, AN ADDITIONAL 120 RV SPACES ON TOP OF THE FIVE THAT THEY HAVE. AND IT WOULD BE BUILT ON THE, THE NORTH, HALF THE, OF THE, OF THEIR TRACT. THE RV SPACES WOULD BE PREDOMINANTLY FULL-TIME RESIDENTS THAT WOULD RENT THEIR RV SPACE PER MONTH. AND, UH, SO THAT'S A, THAT'S A TYPE OF AFFORDABLE HOUSING THAT IS VERY POPULAR THESE DAYS, ESPECIALLY WITH THE RISING COSTS OF HOUSING. HAVING, YOU KNOW, BEING ABLE TO PURCHASE A TRAILER AND LIVE IN THAT IS, UH, VERY ATTRACTIVE TO SOME FOLKS. AND IT'S, IT'S, IT, IT'S ALSO GOOD FOR, UH, FOR TRANSIENT WORKERS THAT ARE COMING IN FOR, ON A TEMPORARY BASIS OR THEY'RE MOVING INTO TOWN AND THEY NEED TO HAVE TIME TO, TO, TO PURCHASE A HOME. FOR INSTANCE, THE TOYOTA PLANT, WE JUST GOT NEWS LAST WEEK THAT THE TOYOTA PLANT IS NOW EXPANDING AND THERE'S ANOTHER MANUFACTURER, AUTO MANUFACTURER THAT'S GONNA BE CREATING A PLANT HERE ON THE SOUTH SIDE. SO PLACES LIKE THAT, THEY'RE GONNA HAVE A LOT OF WORKERS COME IN. THEY'RE GONNA NEED PLACES TO LIVE. RV PARKS HELP FIT THAT BILL FOR TEMPORARY HOUSING. SO THIS USE WILL FIT PERFECTLY WITH THAT. IT ALSO ALLOWS JUST TRAVELERS TO COME AND SPEND A NIGHT OR TWO NIGHTS IF THEY WANT TO COME AND HANG OUT AT SEAWORLD OR SEE THE MISSIONS, ET CETERA. SO BRINGING IN ADDITIONAL FOLKS WHO WANT TO ENJOY THE EDUCATIONAL AND HISTORIC, UH, ITEMS OF OUR CITY AND OF THE SOUTH SIDE WOULD BE ABLE TO STAY THERE. [02:10:03] THE, THE TRACK THERE THAT'S SHOWN, UH, AS I ONE THAT TRACK IS FOR THE PURPOSE FOR GEORGE ULTIMATELY TO BUILD A, HIS, UH, METAL FABRICATION SHOP. SO HE HIMSELF WOULD WORK IN IT AND WORK ON HIS SOLAR INVENTION AND, UH, AND WORK ON HIS TINY HOME MANUFACTURING. ALRIGHT. THE INTENT IS TO PLA THE WHOLE TRACK INTO TWO LOTS AND ESSENTIALLY THAT THE YELLOW LINE THAT GOES DOWN THE MIDDLE OF THE TRACK WOULD BE THE NEW LOT LINE. SO, SO THE, THE, THERE WOULD JUST BE TWO LOTS AND THEY WOULD EACH HAVE FRONTAGE ON TRUMBO ROAD. THERE IS A WATER MAIN IN TRUMBO THAT'S SUFFICIENT TO SERVE THE PROPERTY. AND PRIVATE SEPTIC WILL BE USED TO SERVICE THE PROJECT. THANK YOU. MR. DO, UM, PRESUMING YOU WERE DONE, UM, JUST ONE LAST THING. THE, THE SMALL SQUARE THERE IS FOR A MOBILE HOME. IT'S FOR A SPECIAL USE PERMIT UNDER THE RP SO THAT AMY'S PARENTS CAN LIVE IN THE MOBILE HOME TO HELP, UH, TO, TO HELP WITH HER. SHE CAN SPEAK MORE TO HER PERSONAL SITUATION, BUT THAT'S FOR HER PARENTS. THANK YOU MR. DON. THANK YOU. ALRIGHT. ARE THERE ANY PEOPLE SIGNED UP TO SPEAK ON THIS ITEM? QUITE A FEW, SIR. VERY GOOD. HENRY RODRIGUEZ FOLLOWED BY MARINA BELLA. AMY WOULD LIKE TO SPEAK, IS THAT AS THE OWNER? YEP. UM, AMY, SORRY, FORGIVE ME. I I JUST WANNA SAY THAT, UM, YOU WOULD SAY YOUR NAME AND YOUR ADDRESS PLEASE. YEAH. AMY BRIGGS 1 9 6 3 5 TRUMBO ROAD. AND, UM, MY HUSBAND AND I, WE'VE, WHAT OUR VISION IS IS THAT WE WANNA SEE, WE'VE ACTUALLY SAVED FOR A LONG TIME AND LIVED IN AN RV PARK SO THAT WE CAN HAVE THIS BUSINESS WHERE, UM, DUE TO MY, SOME OF MY HEALTH ISSUES SO THAT WE CAN HAVE A BUSINESS AND HOME TYPE ATMOSPHERE AND, UM, TO BE ABLE TO, UM, HAVE A LOW INCOME RV PARK. AS OF RIGHT NOW, I DON'T KNOW IF I CAN SAVE IT. WE CHARGE TWO 50 FOR OUR RV PARK SPOTS AND WE DO CATER TO A, A LOWER INCOME LIKE SOCIAL SECURITY OR SOMEONE LIKE HOW WE WERE WORKING IN AN RV WORKING OUT IN THE FIELD AND, AND LOOKING FOR A PLACE WHERE LIKE A, LIKE MY HUSBAND WAS WORKING AND THEN STILL TRYING TO SUPPORT ANOTHER PLACE LIKE WE HAD IN CALIFORNIA AT THE TIME AND, UM, A FAMILY OR SOMETHING. AND THEN LIKE THAT'S LIKE, WE'RE CLOSE TO THESE OIL FIELDS AND WE KNEW THAT WHEN WE MOVED DOWN HERE 'CAUSE HE'S STILL DRIVING TO MIDLAND AND ADES AREA. BUT ANYWAY, AND THEN, AND MY HEART IS TO REACH OUT TO HOMELESS AND TO, TO LIKE FEED AND THINGS LIKE THAT. AND THEN HE HAS HIS OTHER, THE THING. SO THAT'S KIND OF WHAT WE BOUGHT THE PROPERTY AND NOT UNDERSTANDING THE, THE WAY IT WAS. BUT UM, AND AS WE'RE GONNA LIVE ON THE PROPERTY AND MAINTAIN THE PROPERTY AND THAT IS WHAT WE HAVE DONE SINCE WE'VE BEEN THERE. EVEN WITH THE RV CAR PEOPLE THAT ARE THERE TO MAKE SURE IT IS WELL KEPT AND CLEAN. AND WE HAVE A ENGINEER, UM, A UH, SEPTIC ENGINEER THAT WE HAVE WORKED WITH SINCE WE HAVE HIRED DAVE TO MAKE SURE WE'RE GONNA HAVE TWO HUGE, UH, SEPTIC SYSTEMS, WHICH MY HUSBAND IS A LICENSED ELECTRICIAN AND BUILT HOMES IN CALIFORNIA AND HE KNOWS ALL HOW TO DO ALL THAT STUFF. AND SO TO MAKE SURE THAT EVERYTHING WILL BE SUFFICIENTLY RAN AND PROPERLY RAN AND HE'S ON SITE. MY DAD'S AN ELECTRICIAN, HE'S MOVED DOWN HERE AND IS ALSO THERE BECAUSE OF MY HEALTH AND TO HELP HELP US. AND MY OTHER FAMILY MEMBERS HAVE ALSO MOVED, MY COUSIN HAS MOVED TO HELP US CONTINUE TO RUN AND, AND CONTINUE FORWARD WITH THIS PROJECT. SO THAT'S WHAT I HAVE TO SAY. THANK YOU. THANK YOU SO MUCH MS. BROOKS. ALRIGHT. UM, PEOPLE SIGNED UP TO SPEAK ON THE ITEM HENRY RODRIGUEZ, FOLLOWED BY MARINA BEO. OH, WOULD YOU, MR. RODRIGUEZ, IF YOU WOULD PLEASE COME UP HERE. WELL, I WAS GONNA SAY IS I'M GONNA DEFER MY TIME TO MARINA. BE VERY GOOD. THANK YOU. MR. RODRIGUEZ. HELLO, I'M MARINA BEO AND THANK YOU SO KINDLY FOR BEING HERE TODAY. I DO HAVE A POWERPOINT. I HOPE MY TIME'S NOT RUNNING YET, BUT I HAVE MY ARROWS HERE. YEP. OKAY. SO MARINA BELLO HERE AND, UM, WHAT I SUPPOSED TO TELL YOU AS FAR AS I TOLD YOU MY ADDRESS, 1 9 6 6 1 TRUMBO ROAD IS WHERE I LIVE. I AM GOING TO READ AN ARTICLE THAT I FOUND. I [02:15:01] AM ON AN OPPOSITION, BY THE WAY. IT'S TITLED TRAILERS AND TROUBLE, AN EXAMINATION OF CRIME IN MOBILE HOME COMMUNITIES BY WILLIAM MCCARTY. AFTER THE 1940S, A FUNDAMENTAL SHIFT IN THE DEMOGRAPHICS OF THE TRADITIONAL MOBILE HOME RESIDENT OCCURRED. INSTEAD OF HOUSING MOSTLY TRA TRANSITORY WORKERS AND RETIRED PEOPLE, MOBILE HOMES BECAME A MEANS FOR YOUNGER, LESS EDUCATED, AND LESS AFFLUENT INDIVIDUALS. IN MCCARTY'S RESEARCH, HE ALSO FOUND THAT IF MOBILE HOMES ARE PERMITTED IN CLOSE PROXIMITY TO RESIDENTIAL AREAS, IT IS OFTEN IN THE LEAST DESIRABLE AREAS NEAR FLOODPLAINS INDUSTRY AND NEAR BLIGHTED OR RUINED PROPERTIES. HE ALSO NOTED IN HIS RESEARCH OF CRIME WITHIN MOBILE HOME COMMUNITIES THAT THESE ZONING DECISIONS WERE OFTEN JUSTIFIED ON THE GROUNDS THAT MOBILE HOME COMMUNITIES CREATE SEWAGE DISPOSAL PROBLEMS AND CAUSE SCHOOL OVERCROWDING OR SEVERELY DIMINISHED SURROUNDING PROPERTY VALUES. WE PURCHASED OUR PROPERTY 16 YEARS AGO WITH THE INTENTION OF LIVING IN PEACE, QUIET PEACE AND QUIET. ALSO TO GIVE MY HUSBAND JESSE BELLOW, THE SPACE HE NEEDS BECAUSE HE HAS, UM, UH, P T SS D FROM THE VIETNAM WAR. HE, WE ALSO MOVED THERE TO ENJOY OUR COUNTRY LIVING. AND, UH, WE ARE LIFELONG COMMUNITY MEMBERS, BORN AND RAISED IN THIS COMMUNITY. I'VE ONLY BEEN ON BRUMBLE ROAD FOR 16 YEARS. WE ARE ACTIVE IN OUR CHURCH. KNIGHTS OF COLUMBUS, V F W WE'RE LIFE MEMBERS, BEEN FOSTER PARENTS, CASA ADVOCATES, ZOO DOCENTS MENTOR COMMUNITY IN SCHOOLS WITH COMMUNITY IN SCHOOLS. AND WE ARE COMMUNITY BUSINESS OWNERS. MY HUSBAND HAS P T S D SYMPTOMS, WHICH INCLUDE ANXIETY, PANIC ATTACKS, INSOMNIA, AND SEVERE CLAUSTROPHOBIA. HE IS A DISABLED VETERAN, THEREFORE, IT EXPLAINS WHY WE PURCHASED THIS PROPERTY TO HAVE SOME PEACE AND QUIET WITHIN OUR LIVES FOR HIM PRIMARILY. AND, UM, HE, WITH THAT CLAUSTROPHOBIA, HE DEFINITELY USES, UTILIZES THE OUTDOORS A LOT 'CAUSE HE'S REALLY NEEDS THAT, UH, THERAPY. UM, WE SAW MR. GRAY BUILDING, THE FIRST FIVE SUBMETERS NEAR THE EXISTING SEPTIC TANK THAT'S THERE. SO THE FIVE SUBMETERS ARE OFF THAT OR HOWEVER THAT WORKS. BUT HE WAS IN THE, HE WAS DOING THOSE BECAUSE THAT ONE SEPTIC TANK. SO I BELIEVE ALL FIVE NOW ARE BEING USED FOR THAT. UM, WITH THAT ONE SEPTIC TANK WITH, I NOTICED REFRIGERATORS AND WASHERS OUTSIDE THE ARROW O POINTS TO RIGHT NOW A WASHER OUTSIDE. I'VE SEEN THEM IN USE. UH, THEY HANG CLOTHES OVER MY FENCE, THEN THEY FALL AND THEY YELL AT ME TO SEND IT OVER. THEY USE A HANDICAPPED TOILET OUTSIDE THAT'S BUILT WITH PLYWOOD WALLS AND THEY USE VULGAR LANGUAGE. HORRIBLE, VULGAR LANGUAGE. THESE ARE TRANSIENTS, MIND YOU. AND THAT WAS EXPRESSED. AND WE SMELL MARIJUANA ALL THE TIME. NOISE BITING. POLICE ARE CALLED OUT ON OCCASION TRASH AS YOU CAN SEE. AND I HAVE TO PICK IT UP. AND THAT'S WHY I SAY HEALTH CONCERN BECAUSE I HAVE TO PUT MY GLOVES ON EVERY MORNING. GIVE YOU A LITTLE SAMPLE DOWN HERE ONE MORNING, JUST SNAP THE PICTURE THE WAY OUT. AND, UH, THEY'RE UNSTABLE SHORT TERM TENANTS THAT HAVE NOTHING TO LOSE. THEY HAVE LACK OF ACCOUNTABILITY. THE X MARKS THE SPOT WHERE WE WERE SITTING ON OUR PATIO AND WE HAD THE TRANSMISSION FLUID CAME AND JUST THREW IT OVER. THERE'S NO CAL LEAD WITH THESE PEOPLE. UM, NEVERTHELESS, LIGHT POLLUTION, PET PROBLEMS, THEY COME OVER TO MY HOUSE AND, UH, RUIN MY PLANTS. RVS WILL NOT CONFORM IN OUR NEIGHBORHOOD. MY HOME IS MY SANCTUARY. I'M SURE THAT YOURS IS AS WELL. WE ARE PROPERTY, OUR PROPERTY VALUE IS ALSO GONNA DIMINISH. FOUR MINUTES. THAT'S A FACT. I ASK YOU TO PLEASE CONSIDER OUR DAILY LIVES AFTER THIS. AND MIND YOU, TODAY'S MY BIRTHDAY AND I'M HERE FIGHTING FOR MY LIFE. THANK YOU MS. BELLA. FIGHTING FOR MY HOME. THANK YOU. THANK YOU SO KINDLY FOR YOUR TIME. MIKE RODRIGUEZ, FOLLOWED BY MICHAEL RODRIGUEZ. SO IS MR. RODRIGUEZ. MIKE, ARE YOU GIVING YOUR TIME TO MR. MICHAEL RODRIGUEZ? OH, OKAY, VERY GOOD. JUST WANTED TO MAKE SURE. HI, MY NAME IS MIKE RODRIGUEZ. UH, I LIVE ON, UH, 19,429 TRUMBO ROAD, WHICH IS THREE HOUSES OVER A LOT OF DISTANCE, BUT THREE HOUSES OVER. AND, UM, YOU KNOW, ON, UM, THIS PROJECT TO US IS, IS AN EXAMPLE OF A, YOU KNOW, SPOT ZONING, A RE UH, SPOT REZONING OF THE PROPERTY THAT DOES NOT CONFORM WHAT'S IN THE COMMUNITY. OUR, OUR NEIGHBORHOOD IS A VERY LOW DENSITY RESIDENTIAL HOMES. UH, SOME ARE LOW INCOME, SOME ARE HIGHER INCOME, UM, AND ON LARGE LOTS OF FARMLAND. AND, AND THIS DEVELOPMENT WOULD TOTALLY CHANGE THE CHARACTERISTIC FOR OUR NEIGHBORHOOD. UM, IT WOULD MORE THAN DOUBLE OUR CURRENT POPULATION. AND, AND, UH, [02:20:01] YOU KNOW, THIS, THIS PROJECT IS RIGHT IN THE MIDDLE OF, OF OUR, OUR TWO MILE ROAD. UM, FROM WHAT WE UNDERSTAND IS THERE'S GONNA BE 130 RVS, UH, IN THIS, UH, RV PARK. AND, UH, YOU KNOW, AND, AND THEY WOULD, WE UNDERSTAND IT'S GONNA BE CATERING FOR LOWER INCOME. AND, UH, YOU KNOW, THERE'S LIKE, SOME CONCERNS THAT WE HAVE ARE LIKE LIGHT, FRESH AND NOISE POLLUTION, THE TRAFFIC, YOU KNOW, OUR ROADS ARE NOT MADE TO HANDLE THIS SYSTEM. THERE IS NO BUS ROUTE TO THAT AREA. AND, UH, THERE'S NO SIDEWALKS. AND, UM, AND THE WALK, YOU KNOW, THE, THE STORES ARE NOT WITHIN WALKING DISTANCE. AND THE, WITH THE LIMITED TIME THAT WE HAD 30 SECONDS HAD TO REVIEW THIS PROJECT, UH, JUST WALKING UP AND DOWN, TALKING WITH THE NEIGHBORS, UH, EVERYBODY'S IN, IN A OPPOSITION OF IT. AND, UM, YOU KNOW, WE EVEN HAVE THE BACKING OF OUR LOCAL, UH, COPS OF METRO ALLIANCES OF EL CARMEN CHURCH. THEY, THEY'RE BACKING US UP ON, ON HOW WE WANT TO OPPOSE THIS PROJECT. THANK YOU FOR, THANK YOU. MICHAEL RODRIGUEZ. UH, YES, I'M MICHAEL RODRIGUEZ, 19 4 29 TRUMBLE ROAD. UM, WELL RIGHT NOW THAT'S FOR THE NEXT PRESENTATION. UM, I'VE BEEN LIVING ON TRUMBO ROAD ALL MY LIFE. I HAVE A LAND THERE AND I PLAN ON BUILDING MY HOME THERE IN THE FUTURE. BACK IN 2017, MANY OF THE RESIDENTS ON TRUMBO ROAD WERE ANNEXED. IT HAS BEEN HARD TO ACCEPT FOR SOME, LOTS OF OUR COUNTRY, WAYS OF LIFE ARE GONE WITH IT. SOME ASPIRATIONS FOR OUR LAND IN THE FUTURE. WHEN WE WERE GETTING ANNEXED, THE KEY REASONS BEING THE CITY WANTED TO HELP TO PUT RESOURCE PROTECTION ON THE LANDS AND THEY WANTED TO HELP COMMUNICATE AGAINST UNDESIRED DEVELOPMENTS. WELL, I THINK 130 UNIT PARKS SMACK IN THE MIDDLE OF A ALREADY POPULATED ROAD IS UNDESIRED DEVELOPMENT AND ALSO A FORM OF SPOT ZONING. I'M SURE Y'ALL HAVE HEARD ABOUT SPOT ZONING, BUT FOR THE RESIDENTS WHO HAVEN'T SPOT ZONING HAS BEEN DEFINED AS A PROCESS OF SINGLING OUT A SMALL PARCEL OF LAND FOR USE CLASSIFICATION. TOTALLY DIFFERENT FROM THAT OF SURROUNDING AREA OF THE BENEFIT OF THE OWNER OF THAT PROPERTY. AND THE, THE DETRIMENT OF THE PROPERTY OWNERS 130 UNIT RV PARK SURE DOES SEEM LIKE A FORM OF SPOT ZONING. MANY OF US NOW HOPE THAT THE ANNEXATION IN 2017 GIVES THE CITY THE POWER TO HELP ITS RESIDENTS AGAINST THIS INVASIVE TYPE OF DEVELOPMENT. I'D LIKE TO SPEND THE REMAINDER OF MY TIME TO INTRODUCE THE NEXT SPEAKER. MY GRANDFATHER, ANTONIO RODRIGUEZ, WHICH HE WILL BE USING THE POWERPOINT. HE, HE LIVES ON THE ADJACENT LOT ON TRUMBO ROAD FOR 60 PLUS YEARS. HE'S A DISABLED VET FROM THE KOREAN WAR. HE WAS A MEMBER OF THE SCHOOL BOARD AND PRESIDENT, ALSO A MAIN MEMBER OF THE WATER BOARD AND BROUGHT MUCH NEEDED DRINKABLE WATER TO THE AREA. A CATTLEMAN AND A RANCHER. MY GRANDFATHER, ANTONIO RODRIGUEZ. THANK YOU MR. RODRIGUEZ. MS. FLORES. IS IS ANTONIO RODRIGUEZ NEXT? HE IS. ALRIGHT, WONDERFUL. FOLLOWED BY ELIZABETH. START WITH YOUR NAME AND ADDRESS PLEASE. OKAY. MY NAME IS ANTONIO EL RODRIGUEZ. I LIVE ON 19 4 33 CRUMBLE ROAD. I'M A DISABLED KOREAN VETERAN AND A CATTLE RANCHER. AND I'VE BEEN ON SCHOOL BOARD FOR SIX YEARS AND TELE PROJECT FOR A LONG TIME. AND RIGHT THERE AT MY HOUSE IS, UH, MY PROPERTY IS ADJACENT TO WHERE HE WANTS TO BUILD HIS, HIS RV PARK. AND THAT I'VE HAVING A LOT OF TROUBLE WITH. I AM VERY FAMILIAR WITH THE WATER RUN OFF. AND I'D LIKE TO SHOW YOU SOME MAPS THAT THE WATER IS RUN OFF AND IT GOES INTO THE FLOOD SPAIN AND THEN IT GOES TO THE RIVER. ALRIGHT, CAN I SEE IT RIGHT THERE? YOU CAN TELL WHERE THE WALL WATER IS RUNNING STRAIGHT BACK AND THERE'S A FLOOD AREA IN THE BACK. AND THEN THERE'S PALO CREEK PA LANCO CREEK. AND LIKE I SAY, I'VE BEEN THERE 50 YEARS, 60 YEARS, AND I'M VERY FAMILIAR WITH THE WATER. AND THE WATER RUNS, RUNS LIKE CRAZY. I DO NOT UNDERSTAND HOW THE CITY CAN GIVE PERMISSION TO BUILD A HUNDRED OR SEPTIC SYSTEM FOR A HUNDRED. [02:25:01] AND THAT CONTAMINATE THE WATER FLOW FLOW. 30 SECONDS. YEAH. SEE THIS IS MY PROPERTY AND I GOT A POND IN THE BACK. HOW AM I GOING TO KEEP THE KIDS OUT OF THAT? I GOT FISH IN THERE. I GOT CAT COWS ON. AND LOOK, THERE'S THE BLUE. THAT'S THE FLOOD LINE. SO I AM VERY, VERY, BECAUSE THESE PEOPLE, THEY'RE, UH, THEIR HOUSE, THEY'RE RENTING. THEY GOT A SIGN THERE IN FRONT. THAT'S TWO MINUTES, SIR. TWO 50 FOR LOTS FOR A RENTAL PLACE. EVERY RV PLACE COSTS AROUND 500. THANK YOU MR. RODRIGUEZ. THAT'S YOUR TIME. BUT THANK YOU FOR COMING. WELL, I GOTTA LEARN MORE TO SAY THOUGH, , SO YOU HAVE TO GIVE IT AHEAD OF TIME, UNFORTUNATELY. BUT THANK YOU MR. RODRIGUEZ. ELIZABETH RODRIGUEZ, FOLLOWED BY CHRISTINA MAR, MARRE LEROY. HELLO, MY NAME'S ELIZABETH RODRIGUEZ. MY ADDRESS IS 19 4 31 TRUMBO ROAD. I WANNA THANK YOU ALL FOR YOUR SERVICE AND FOR THE OPPORTUNITY TO LET ME SPEAK TODAY. WE WENT, UM, SURVEYING OUR NEIGHBORS AND, UH, LIKE THEY SAID, ALL OUR NEIGHBORS WERE AGAINST THIS PROJECT. SOME OF THE CONCERNS THAT WERE BROUGHT IS SAFETY, TRAFFIC, PARKING, LOT NOISE, HARM AGAINST OUR EXISTING WILDLIFE AND DESTRUCTION OF OUR COUNTRY LIVING AND LIFESTYLES. TO BUILD AN, AN RV PARK, AS Y'ALL KNOW, WOULD TAKE MILLIONS OF DOLLARS. IT'S OBVIOUS THESE PEOPLE HAVE THE MONEY IF THEY COULD RELOCATE TO ANOTHER AREA WITHOUT ANY EFFORT. I LOVE, I LOVE NATURE AND THE THOUGHT IS SHOWING NATURAL HABITAT BREAKS MY HEART. I I I COME FROM A HARDWORKING CHRISTIAN FAMILY. I HAVE WORKED FOR THE CITY FOR 28 YEARS AND LOOK FORWARD TO RETIREMENT, TO START ENJOYING MY PROPERTY AND COUNTRY LIVING. HOWEVER, I NOW FEAR FOR THE DESTRUCTION OF SUCH ENVIRONMENT, BUT NOT BY NOT ALLOWING THIS RV PARK, THE CITY WILL SAVE ON CO COMPLIANT CALLS, POLICE CALLS, DECREASE PROPERTY TAXES, TAX VALUES, THE DEVELOPMENT OF ADDITIONAL INFRASTRUCTURE TO THE, TO ACCOMMODATE THE POTENTIAL 130 LOW INCOME FAMILIES. AND WITH THE FIVE FAMILIES UNITS THAT ARE THERE RIGHT NOW, WE ALREADY SEEN A CHANGE. UH, ONE OF THE PEOPLE THAT WE SURVEYED, WE, ONE OF OUR NEIGHBORS THAT WE SPOKE TO, SHE HAS A VIDEO WHERE SHE SAW A COUPLE FIGHTING IN THE STREET. WE DO SEE PEOPLE WALKING IN THE STREET AT NIGHT. AND AS, AS, AS YOU KNOW, WE, 30 SECONDS. OKAY. UNFORTUNATELY, MY HUSBAND'S NOT HERE, BUT HE, HE'S WAS BORN AND GROW AND GROWN IN THIS AREA. THANK YOU. CHRISTINA MAR, FOLLOWED BY LEE ROY MAR, UH, YOU'RE MY HUSBAND. YOU'RE GONNA GIVE HER HER TIME? YEAH, I'M GONNA GIVE HER MY TIME. VERY GOOD. MR. MAR. THANK YOU. MY NAME IS LEROY MAR AND I'M A RETIRED, BUT THANK YOU MR. MAD. MS. MODEST, YOU HAVE FOUR MINUTES. YEAH, THIS IS, MY NAME IS CHRISTINA MAD AND WE LIVE AT 19 714 TRUMBULL ROAD. WE MOVED THERE TWO YEARS AGO. WE HAD A CUSTOM HOME BELT ON ONE ACRE LOT FOR THE PEACE AND QUIET OF THE NEIGHBORHOOD. UH, IT'S ON THE STREET. THERE IS MAYBE, LET'S SAY 50% OF US ARE RETIRED AND WE WANT THE COUNTRY LIVING OUT THERE. NOW, MY CONCERNS ON THIS RV PARK THAT THOSE ARE SUBSTANDARD. AN RV IS NOT SUPPOSED TO BE A PERMANENT PLACE OF LIVING. IF THEY WANNA MAKE IT A PERMANENT, IT HAS TO BE A MOBILE HOME BECAUSE EVEN HUD HAS REGULATIONS ABOUT LIVING LONG TERM AND RVS. NOW THESE PEOPLE HAVE LIVED THERE TWO YEARS. THEY'VE GOT WATER HEATERS OUTSIDE, THEY HAVE REFRIGERATORS OUTSIDE, THEY'RE PEEING OUTSIDE. THAT IS SUBSTANDARD RUNOFF IS GONNA AFFECT OUR NEIGHBORHOOD. THE TRASH, THE, THE CONSTANT TRAFFIC. THIS IS NOT GOOD. IT DOES NOT CONFORM WITH OUR NEIGHBORHOOD. WE ARE THERE TO RETIRE PEACEFULLY. YOU, THE CITY CAME AND ANNEXED US AND ONE OF THE THINGS THEY SAID WAS THEY WERE GONNA PROTECT US AND MAKE SURE THAT IT WAS CONFORMED AND IT'S NOT IF YOU APPROVE THIS PROJECT. THANK YOU. THANK YOU MS. MAR. THANK YOU. THAT'S ALL I HAVE SIGNED IN TO SPEAK. VERY GOOD. UM, FOR THE APPLICANT, UH, MR. DYE, MR. GRAVE, UM, WHOEVER, TWO MINUTES IN REBUTTAL. ALRIGHT, THANK YOU. UM, UH, REAL QUICKLY, UH, UH, [02:30:01] MS. MARINA'S, UH, COMMENTS, UH, THESE ARE NOT MOBILE HOMES. SHE WAS REFRE REFERENCING A STUDY ON MOBILE HOMES. AND THESE ARE NOT MOBILE HOMES. SO THAT STUDY IS NOT APPLICABLE TO THIS PROJECT CODE COMPLIANCE IN THE CITY. IF THERE'S ANYTHING ON THE, ON THE PROJECT THAT WILL BE VIOLATING CO COMPLIANCE, THEN CO COMPLIANCE CAN STEP IN. THAT'S ONE OF THE BENEFITS OF BEING ANNEXED INTO THE CITY LIMITS AND HAVING THOSE PROTECTIONS. THE SECTOR PLAN, THIS PARTICULAR, THE, THE USES BEING REQUESTED, UH, FIT PERFECTLY WITHIN THE SECTOR PLAN. AND THIS PARTICULAR, THESE USES HAVE ALREADY BEEN ADOPTED IN THE CITY. THERE ARE AREAS IN THE SOUTH SIDE IN OUR SECTOR THAT HAVE THIS PARTICULAR USE. SO WE'RE NOT IN NON-CONFORMANCE WITH THAT USE. I WANNA POINT OUT AGAIN, THAT THE MAJORITY OF THOSE THAT ARE, THAT APPEAR TO BE OPPOSING THIS ARE OUTSIDE THE CITY LIMITS AND OPPOSE THE ANNEXATION TO BEGIN WITH, WHICH IS UNDERSTANDABLE. BUT THE CITY GROWS, THE CITY EXPANDS, THE CITY HAS THE RIGHT TO ANNEX. AND SO, UH, WE SHOULDN'T BE PENALIZED BECAUSE OF THAT. IT'S, IT'S NOT SPOT ZONING. THIS IS A, AN AN AREA THAT'S JUST BEEN RECENTLY ANNEXED AND IT'S GONNA TAKE TIME FOR, FOR PEOPLE TO COME IN AND BUY, BUY LAND OR DETERMINE HOW THEY WANT TO USE THEIR LAND WITH THE NEW DEVELOPMENT REGS THAT ARE IN PLACE BECAUSE OF THE, THE ANNEXATION. SO IT IS, UH, DEFINITELY NOT ACCURATE TO CALL THIS A SPOT ZONING. THE, THE, THE GRADES ARE WILLING TO SIT DOWN AND MEET WITH THE NEIGHBORS 30 SECONDS AND TRY TO WORK THINGS OUT TO COME TO, UH, TRY TO ALLEVIATE SOME OF THESE CONCERNS. OBVIOUSLY CRIME AND, AND TRASH AND RUN OFF ARE ALL IMPORTANT. AND WE'RE, WE'RE HAPPY TO SIT DOWN AND MEET WITH THEM AND WE'RE, WE'RE EVEN WILLING TO DO THAT AND, AND POSTPONE THIS HEARING AND COME BACK AGAIN IN TWO WEEKS. AND IT'S A LITTLE PROBLEMATIC FOR GEORGE 'CAUSE HE WORKS IN THE PERMIAN BASIN, BUT WE'LL, WE'LL, WE'LL WORK THAT OUT WITH STAFF IF, IF THEY'RE AMENABLE TO THAT. BUT IF, IF THEY, IF, IF THEY DON'T WANNA MEET WITH US AND THERE'S NO POINT IN DELA. SO, UM, IN CLOSING, I I I WOULD ASK THE COMMISSION TO UPHOLD THE STAFF'S RECOMMENDATION AND NOT PENALIZE THE GRAYS BECAUSE THEY'RE TRYING TO DEVELOP IN ACCORDANCE WITH CITY RES. THANK YOU. MR. DO THANK YOU MR. DODGE. JUST STAY RIGHT THERE FOR ONE SECOND. OKAY? I'M SORRY. I THINK I CALLED MS. GRAY MS. BRIGGS EARLIER. WELL, AMY BRIGGS. OKAY. SORRY. I JUST WANTED TO MAKE SURE I HAD THE RIGHT NAME. I WAS CONCERNED I WAS SAYING SOMETHING WRONG. SO GOOD. I DID HAVE IT RIGHT. BUT, UM, IN ANY EVENT, UH, BECAUSE COMMISSIONER, UH, CHAIR MCGEE IS NOT PRESENT TODAY, UH, COMMISSIONER MCDANIEL GOES TO YOU, UH, THANK YOU, UM, FOR THE EXPLANATION ABOUT THE PROJECT AND I WANNA THANK THE NEIGHBORS FOR COMING OUT TO SHARE YOUR CONCERNS. UH, BECAUSE CHAIRMAN MCGEE IS NOT HERE TODAY, SHE DID ASK ME TO CONTINUE THIS ITEM FOR TWO WEEKS, SO I'M GONNA MAKE A MOTION TO CONTINUE TO OCTOBER 15TH. THERE IS A MOTION AND THERE IS, IS THERE A SECOND? SECOND. ALRIGHT, UH, WE'RE GONNA COMBINE QUESTIONS AND DISCUSSION. UH, IF THERE ARE ANY QUESTIONS OR DISCUSSION FROM COMMISSIONERS ON MY LEFT, NONE FROM COMMERS ON MY RIGHT. COMMISSIONER S SIPES. FIRST, UH, THE FIRST QUESTION IS FOR, UH, STAFF AND THAT IS, UM, THERE IS A CONCERN MADE BY THE APPLICANT THAT, UH, A LOT OF THE SPEAKERS WERE FROM OUTSIDE THE CITY LIMITS. WERE ALL, IS IT A REQUIREMENT THAT ALL SPEAKERS ARE RESIDENTS OF THE CITY LIMITS OR NO? NO, THERE'S NO RESTRICTION. ANYONE CAN SPEAK AT A PUBLIC HEARING. YOU DON'T HAVE TO NECESSARILY BE A CITIZEN OF THE CITY LIMITS OF SAN ANTONIO TO SPEAK AT A PUBLIC HEARING. OKAY. THANK YOU. AND THEN THE, THE SECOND QUESTION IS A QUESTION FOR, UM, THE APPLICANT. AND YOU, YOU STATED THAT, UM, THAT THESE ARE NOT MOBILE HOMES, BUT THEY'RE RVS. BUT IT SOUNDED LIKE YOU WERE ALSO SAYING THAT THEY WOULD BE USED, THEY COULD BE USED FOR LONG-TERM RENTALS. IS THAT CORRECT? THAT, THAT, THAT YOU, THEY COULD STAY THERE FOR PERHAPS MONTHS OR YEARS AT A TIME? CORRECT. AND THERE'S, THERE WAS, IT WAS MENTIONED THAT THERE WAS A LAW AGAINST THAT. THERE'S, THERE'S NO LAW AGAINST THAT. THIS IS AMERICA AND YOU'RE FREE TO LIVE IN YOUR RV OR YOUR TRAILER OR YOUR MOBILE HOME OR YOUR HOUSE. PEOPLE IN CALIFORNIA LIVE ON THE STREETS, YOU KNOW, YOU'RE, YOU'RE FREE TO LIVE WHERE YOU SO DESIRE. AND, AND THAT SAME APPLIES FOR THE RVS. THERE'S NO RESTRICTION ON HOW LONG YOU COULD LIVE IN THEM. UM, SO JUST TO CLARIFY, THERE ARE BUILDING CODES, UM, INTERNATIONAL BUILDING CODES AND STUFF THAT, UH, ALSO RESTRICT USING FOR PERMANENT HOUSING, UM, STRUCTURES ON WHEELS. THAT'S NOT ALLOWED IN OUR CODE. UH, RV. AN RV PARK IS A COMMERCIAL VENTURE, WHICH PAD SITES NEED TO BE ESTABLISHED. WATER, UM, ELECTRICAL HOOKUPS ARE ESTABLISHED. IT'S PLATTED AS SO, BUT IT'S NOT TOPO IT'S NOT INTENDED TO BE USED AS PERMANENT HOUSING. IS THERE A LIMIT ON THE TIME [02:35:01] WHEN SOMEONE COULD STAY IN AN RV SLOT BASED ON CITY CODE? I, I'M NOT VERBOSE IN THE BUILDING CODE, BUT WE CAN FIND THAT OUT FOR YOU BEFORE THE NEXT, BEFORE THE NEXT HEARING. WELL OBVIOUSLY IF THERE'S A CODE THAT LIMITS HOW LONG SOMEONE CAN STAY, I'M SORRY. WE'RE GONNA, WE'RE GONNA STOP THIS COLLOQUY RIGHT NOW AND, AND YOU CAN HAVE THAT CONVERSATION AFTER THIS MEETING. THANK YOU. UH, MR. COMMISSIONER SIPES, ANYTHING FURTHER? ACTUALLY SHE WAS, SHE WAS RIGHT ON WHERE I WAS GOING. UM, AND, AND THE REASON I BRING THAT UP IS BECAUSE, UM, MY MOTHER-IN-LAW WORKS AND RUNS A, OR MANAGES, UH, AN RV PARK. AND SO I KNOW THAT THE CONSTRUCTION OF AN RV PARK THAT HAPPENS TO BE ON THE SOUTH SIDE IS A LOT DIFFERENT THAN A MOBILE HOME PARK OR SOMETHING INTENDED FOR LONG-TERM RESIDENCE. UM, AND SO THAT IS PROBABLY MY BIGGEST AT THIS TIME, EVEN THOUGH IT'S GONNA BE CONTINUED, THAT IS, UH, A BIG CONCERN FOR ME. THANK YOU. COMMISSIONER SIPES? UH, COMMISSIONER O I'M NOT COMFORTABLE WITH CONTINUING THIS CASE. WITH ALL DUE RESPECT TO THE DISTRICT THREE COMMISSIONER, I FEEL LIKE WE SHOULD HAVE TOLD EVERYBODY AHEAD OF TIME IF THAT'S WHAT WE WERE GOING TO DO AND THEY CAME OUT AND THEY TOLD US EVERYTHING AND I'D BE IN FAVOR OF MOVING AHEAD. MAYBE I'LL GET OUT VOTED, BUT I'M NOT VOTING FOR A CONTINUANCE. AND I DO WANNA ASK A QUESTION WHILE WE'RE HERE. UM, I WOULD LIKE TO HAVE STAFF EXPLAIN A LITTLE BIT THE RESOURCE PROTECTION, HOW IT WAS JUST SORT OF BY DEFAULT PUT ON THESE PROPERTIES AS IT WAS ANNEXED AND 'CAUSE I, SOMETIMES I THINK PEOPLE THINK IT MEANS, WELL WE'RE GOING TO PROTECT THE RESOURCES AND I DON'T THINK IT NECESSARILY MEANS THAT. SO I'D LIKE YOU TO EXPLAIN WHAT WAS BEHIND THE CITY'S THINKING ON THIS WHEN THEY PUT IN THE RP. I THINK THIS IS A NEIL ROAD ANNEXATION. UH, SO FROM WHAT I CAN RECALL, THE, A LOT OF THE, THESE LOTS ARE LARGE IN NATURE. UM, THERE WASN'T A LOT OF, UH, ON THE GROUND ANALYSIS TO DETERMINE WHAT, UM, ZONING WAS. WHAT, SO RP IS SORT OF THIS DEFAULT THAT YOU CAN BUILD A HOME ON IT, BUT IT HAS TO MEET 10 ACRES. IF THERE'S PROPERTY OUT THERE THAT DOESN'T MEET 10 ACRES, THEY ARE CONSIDERED NON-CONFORMING BUT KIND OF GRANDFATHERED IN. UM, IT'S, IT'S JUST SORT OF THIS FALLBACK WHEN IT'S, THERE'S A LOT OF VACANT LAND. SO THAT WAY, UM, DISCUSSIONS AND CONVERSATIONS CAN HAPPEN AFTER IT'S ANNEXED INTO THE CITY AND ZONED. SO, UH, MORE APPROPRIATE ZONING COULD BE DETERMINED FOR FUTURE USES AND THAT'S WHY YOU'LL SEE GAPS IN THIS AREA WHERE PROPERTIES ARE OUTSIDE THE CITY LIMITS BECAUSE A LOT OF PEOPLE ASKED FOR, UH, NON ANNEXATION AGREEMENTS BECAUSE THEY WERE AG USES. SO THAT'S WHY THERE'S A LOT OF GAPS IN THIS AREA TOO. SO I KNOW IT'S ALL DIFFERENT NOW 'CAUSE ANNEXATION IS ALL DIFFERENT NOW, BUT IN THE PAST WHEN YOU ANNEXED AREAS THAT THAT WEREN'T, I KNOW MOST OF THEM ARE, BUT WHEN YOU HAD ANNEXED AREAS THAT WERE NOT MORE AGRICULTURAL AND AND UNDEVELOPED LIKE THIS, WAS THERE A DIFFERENT DEFAULT ZONING CATEGORY? WE WOULD TRY TO LOOK AT WHEN WE WORK WITH THE PLANNING DEPARTMENT, WHEN THEY DO, UM, ANNEXATIONS AND MOST OF OUR ANNEXATIONS NOW ARE MORE ON THE GROUND ANALYSIS. WE LOOK AT LOT SIZE TO MAKE SURE THAT WE GET THE APPROPRIATE, UH, RESIDENTIAL DISTRICT IF IT'S A RESIDENTIAL USE. AND THEN WE LOOK AT THE COMMERCIAL DISTRICTS TO MAKE SURE THAT WE APPLY THE MOST APPROPRIATE COMMERCIAL DISTRICT. UH, BUT UH, THIS, AGAIN, I CAN'T RECALL THAT WE DID AN ON THE GROUND ANALYSIS IS JUST A LOT OF, UM, LARGE PROPERTIES AND RESOURCE PROTECTION GAVE THE FLEXIBILITY FOR BOTH AG USES AND RESIDENTIAL. OKAY, THANK YOU. SO I, I DON'T AGREE WITH A LOT OF THE THINGS THAT THE OPPONENT SAID, BUT I AGREE WITH ENOUGH THAT I WOULD NOT SUPPORT THIS. AND SO, UM, ESPECIALLY THE, UM, THE WATER ARGUMENTS I THINK ARE REALLY IMPORTANT AND I DON'T THINK WE CAN GET AROUND THOSE. AND, UM, SO AGAIN, I'M NOT GOING TO SUPPORT THE CONTINUANCE AND, AND I THINK WE SHOULD HAVE TOLD PEOPLE AHEAD OF TIME THAT THE COMMISSIONER WAS NOT GOING TO BE HERE. YEP. OF COURSE. COMMISSIONER WHITE. YEAH, I MEAN, I'M IN COMPLETE AGREEMENT WITH THAT. WE JUST HAVE SPENT THE LAST HALF AN HOUR ON, ON THIS CASE AND THEY ALL TOOK THE TIME TO SPEAK. AND BY THE WAY, VERY MUCH APPRECIATE YOU ALL BEING HERE AND TO THE VETERANS. VERY MUCH APPRECIATE YOUR SERVICE. AND MA'AM, I DON'T REMEMBER YOUR NAME, BUT YOU SAID YOU WERE INVOLVED WITH CASA AND I JUST WANTED TO SAY THAT'S A GREAT ORGANIZATION AND I APPRECIATE YOUR SERVICE THERE. UM, I'M NOT IN FAVOR OF THE CONTINUANCE EITHER AND I'M ALSO, UH, NOT IN FAVOR OF THIS PROJECT. GOOD. ANY FURTHER DISCUSSION? QUESTIONS ON MY RIGHT? DISCUSSION? QUESTIONS ON MY LEFT? ALRIGHT. I BELIEVE THERE IS A MOTION AND A SECOND ROLL CALL. VOTE. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. [02:40:01] COMMISSIONER KAMATH? NO. COMMISSIONER WHITE? NO. COMMISSIONER S SIPES? NO. COMMISSIONER GIBBONS. COMMISSIONER GIBBONS HAS LEFT. SORRY. UH, COMMISSIONER ROMERO? NO. COMMISSIONER HUEY? NO. COMMISSIONER TOWSEN? NO. AND COMMISSIONER BUSANTE AYE. MOTION FAILS. UM, IS THE MOTION FOR CONTINUANCE HAS FAILED. IS THERE A MOTION TO FOR RECONSIDERATION FROM SOMEONE WHO OPPOSED THE MOTION FOR CONTINUANCE? I MOVE THAT WE RECONSIDER THE VOTE. THANK YOU. THERE IS A MOTION FOR RECONSIDERATION. AND SECOND ROLL CALL VOTE. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? NO. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER MCDANIEL. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSTAMONTE. AYE. ALRIGHT. MOTION PASSES. SORRY, THE FLOOR IS NOW OPEN FOR ANOTHER MOTION. I MAKE A MOTION FOR DENIAL ON CASE NUMBER 17. ALRIGHT, THERE IS A MOTION FOR DENIAL ON CASE NUMBER 17. IS THERE A SECOND? IT SECOND. ALRIGHT, THERE IS A MOTION AND A SECOND. ANY DISCUSSION? COMMISSIONER GREATHOUSE? THIS IS MAYBE A PROCEDURAL QUESTION OR, OR ALSO JUST SOME COMMENTARY. UM, BECAUSE THE, BECAUSE, UH, COMMISSIONER MCGEE ASKED US TO CONTINUE THIS, I FEEL THAT PERSONALLY, AND MAYBE THIS IS DIFFERENTLY THAN EVERYONE ELSE FEELS, THAT IF I WAS NOT HERE AND I HAD ASKED FOR THIS TO BE CONTINUED, THERE'S A REASON THAT I ASKED FOR IT TO BE CONTINUED. AND I WOULD WANT EVERYONE TO RESPECT THAT. AND AGAIN, I I IT'S JUST PUTTING THAT OUT THERE. BUT IS THAT, IS THAT, HOW DOES THIS WORK? SO I BELIEVE THIS IS MORE A NORM THAN ANYTHING ELSE. SO THERE IS NO PROCEDURAL REASON THAT WE CANNOT PROCEED ON, UH, AN ITEM WITHIN A COMMISSIONER'S DISTRICT. UM, BUT THERE IS A USUAL COURTESY THAT'S OFFERED. HOWEVER, IN THIS CASE, I THINK UPON CONSIDERATION AND, YOU KNOW, IN LIGHT OF THIS SPECIFIC PROJECT AND THE PEOPLE WHO ARE HERE TO SPEAK ABOUT IT, I THINK THERE HAS BEEN A DECISION BY AN ACTIONABLE DECISION BY THE COMMISSION TO MOVE FORWARD DESPITE THE COMMISSIONER'S WISHES. SO IT'S NOT CERTAINLY A VETO VETO OF CONSIDERATION. RIGHT. AND, AND I UNDERSTAND AND I CERTAINLY UNDERSTAND WHAT COMMISSIONER ROMERO IS, HAS SAID, AND I RESPECT EVERYONE WHO CAME OUT TODAY. I JUST WOULD LIKE FOR THERE TO BE SOME WAY IN THE FUTURE WHERE, AS COMMISSIONER ROMERO SAID, WE NOTIFY EVERYONE IN ADVANCE WHEN THE COMMISSIONER'S NOT GONNA BE HERE AND THAT THERE IS SOME KIND OF PROCEDURE SO THAT, YOU KNOW, BY, BY US HAVING AN ABSENCE HERE, WE'RE NOT DOING A DISSERVICE TO OUR CONSTITUENTS. AND THAT CERTAINLY MAKES SENSE IN THAT PROCEDURE, IS SOMETHING THAT WE CAN CONSIDER AS A COMMISSION GOING FORWARD. UH, IN FACT, WE MIGHT WANT TO PUT IT ON THE NEXT OR AN UPCOMING AGENDA. MAYBE NOT THE NEXT ONE BECAUSE OF TRAINING, BUT AN UPCOMING AGENDA TO CONSIDER THAT ISSUE, UH, MAY BE A PROCEDURAL RULE TO ADDRESS YOUR CONCERNS. COMMISSIONER. THANK YOU. ANYONE ELSE ON THE LEFT? ANYONE ON THE RIGHT? COMMISSIONER MCDANIEL? OKAY. AND SITTING IN THE MAYOR'S SEAT, IT'S ALWAYS DIFFICULT 'CAUSE MY RULE IS TO FILL IN FOR THE COMMISSIONERS, WHOEVER YOU ARE, FOR WHATEVER REASON THAT YOU CAN'T MAKE IT TODAY. AND THAT IS EXACTLY WHAT I'M DOING. I'M REPRESENTING, UH, THE CHAIRS, UM, WISHES ON THIS PARTICULAR ISSUE. I DON'T KNOW THAT SHE'S HAD AN OPPORTUNITY TO MEET WITH THE APPLICANT OR TO MEET WITH THE NEIGHBORS TO UNDERSTAND THAT SITUATION. AND I, AGAIN, URGE MY COLLEAGUES MAYBE TO RECONSIDER THAT AND ALLOW HER THE OPPORTUNITY TO MEET WITH HER CONSTITUENTS AND WHAT SHE'S SUPPOSED TO BE DOING HERE. NOW THAT SAID, I HAVE MY OWN CONCERNS AND QUESTIONS ABOUT THE CASE, BUT IT'S HARD FOR ME TO WEAR THAT SAME HAT IN THIS PARTICULAR ROLE TODAY. YES, OF COURSE, COMMISSIONER MCDANIEL AND, AND UNDERSTANDING THAT THAT CAN BE A DIFFICULT POSITION TO, TO TAKE ON AND WE APPRECIATE YOUR HELP. ANYONE ELSE [02:45:01] ON THE RIGHT? COMMISSIONER ROMERO? UM, SINCE I WAS THE ONE WHO'S THE MOST UN COURTEOUS, UM, AND, AND I THINK THE COMMISSIONER WHO'S NOT HERE WAS BEING COMPLETELY RESPONSIBLE IN SAYING CONTINUE IT. BECAUSE A LOT OF TIMES WHEN WE'RE HEARING A CASE AND THE COMMISSIONER'S NOT HERE, WE JUST REALLY DON'T KNOW WHAT WE'RE DOING. THERE'VE BEEN SOME DISCUSSIONS, BUT NOT ENOUGH. AND, AND, AND THEN IT SEEMS LIKE THE RIGHT THING TO DO, BUT THERE'S CERTAINLY BEEN A LOT OF TIMES I THINK, WHERE WE HAVE GONE THROUGH THE WHOLE HEARING AND SIMPLY DECIDED THAT, THAT WE DO NEED TO GO THROUGH WITH IT. AND, UM, I I DON'T FEEL ENTIRELY COMFORTABLE WITH THAT EITHER. UM, BUT I I, WE'VE GONE THROUGH THIS WHOLE HEARING TODAY AND I'M, I MADE A MOTION FOR DENIAL AND, UM, I'M, IF ANYBODY WANTS TO TALK ABOUT THAT, I'M READY TO TALK ABOUT THAT. RIGHT. AND CERTAINLY I DIDN'T MEAN TO INDICATE THAT ANYONE WAS BEING DISCOURTEOUS. I KNOW WAS DISCOURTEOUS. RIGHT. UM, ALRIGHT, IN LIGHT OF THAT MOST RECENT COMMENT, ANY FURTHER DISCUSSION? LEFT FURTHER DISCUSSION. RIGHT. ALRIGHT. THERE IS A MOTION AND THERE IS A SECOND FOR DENIAL. ROLL CALL. VOTE PLEASE. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GR HOUSE? NO. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER MCDANIEL. I'M GONNA HAVE TO ABSTAIN. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSTAMONTE? YES. MOTION PASSES. ALRIGHT, THE NEXT ITEM PLEASE. PATRICIA FRANCO. ZONING LOCATED AT 1403 NORTH PINE STREET, 1405 NORTH PINE STREET AND 5 27 VAL. ITEM 20 IS A REQUEST TO CHANGE THE ZONING FROM R FIVE TO C TWO C D WITH A CONDITIONAL USE FOR AUTO RENTAL. 32 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION. AND THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THE CURRENT R FIVE SINGLE FAMILY RESIDENTIAL USE IS APPROPRIATE FOR THE PROPERTY. THE APPLICANT CAN ACCOMPLISH THE DESIRED ZONING, COMMERCIAL ZONING THROUGH THE LESS INTENSE COMMERCIAL DISTRICT OF C ONE CD, WHICH IS CONSISTENT WITH THE CURRENT LOW DENSITY MIXED USE AND COULD, UH, LAND USE DESIGNATION AND COULD ACCOMMODATE THE CONDITIONAL USE FOR THE AUTO RENTAL FACILITY AS WELL AS ANY NECESSARY CONDITIONS SUCH AS HOURS OF OPERATION, FENCING, BUFFERING AND PROHIBIT TEMPORARY SIGNAGE. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. GOOD AFTERNOON, MY NAME IS ROY BETON AND I LIVE ON UH, TWO 10 FURNISH AVENUE. UH, THANK YOU ALL, UH, GIVING ME THE OPPORTUNITY TO SPEAK HERE TODAY. UH, SO, UH, IN MY VISION, UH, WE'RE TRYING TO, UH, BUILD A SMALL BUILDING, UH, THAT WILL PRESENT SOME ART, UH, EXHIBIT AND AS WELL, UH, TWO EXOTIC CARS FOR RENTAL. UM, IT'S UH, ACTUALLY A COMBINATION OF THREE LOTS AND IT'S RIGHT ON MAIN STREET, UH, PINE STREET. UM, I BROUGHT WITH ME SOME PICTURES OF, UH, THE STRUCTURE LOOK OF THE BUILDING THAT WE'RE THINKING ABOUT, UH, AS WELL AS APPROVAL FROM THE NEIGHBORS. I GOT LETTERS, UH, FROM SEVEN NEIGHBORS AROUND THE PROPERTY AS WELL. OKAY, THANK YOU . I'M GONNA FILL IN TIME UNTIL OUR ACTING CHAIR GETS BACK. UM, DID WE HAVE ANY CITIZENS SIGNED UP TO SPEAK? I GUESS THAT'S RIGHT. THERE ARE NO PERSONS HERE TO SPEAK ON ITEM 20. ALRIGHT, MR. TWO. COMMISSIONER TOSON. I GUESS IT GOES OVER TO YOU. SO I KNOW THAT STAFF RECOMMENDED DENIAL. I'M GONNA LEAN ON MY CONSTITUENTS TO GIMME SOME FEEDBACK. YEAH, IT'S UP TO THE CHAIR. UH, FOR THOSE THAT WERE S THAT CAME TO SPEAK, I DON'T THINK THEY SIGNED IN, BUT IT'S UP TO THE CHAIR IF THEY WANNA CALL UP. [02:50:01] ALRIGHT. UM, SORRY, MR. SIPES. MR. SIPES. ALRIGHT, UM, WHO HERE IS TO, TO SPEAK ON THIS ITEM? WHO'S PRESENT TO SPEAK ON THIS ITEM MA'AM? UM, SO IF THERE'S ONE PERSON, THE CHAIR WILL ALLOW THAT PERSON TO ADDRESS THIS ITEM. MA'AM, WILL YOU GO UP TO THE MICROPHONE? COME UP TO THE MICROPHONE, WALK UP TO THE BIG TALL GUY IN THE MIDDLE NAME IS MARLENE TOLAN AND MY ADDRESS IS 2 1 6 BROOKS STREET, SAN ANTONIO, 7 8 2 0 8. UM, I FEEL NOT PREPARED TO SPEAK AND YET AT THE SAME TIME QUITE CONCERNED ABOUT PROVING OR DISAPPROVING THIS YOUNG MAN'S DREAM. I ALSO HAVE A DREAM TO MAKE OUR RESIDENTIAL AREA CONTINUE TO BE A RESIDENCE, BUT I ALSO WANT TO SEE IMPROVEMENT. AND MY BIGGEST CONCERN IS THAT I HAPPEN TO KNOW THAT THE UNION PACIFIC RAILROAD, WHICH RUNS RIGHT NEXT, OUR PROPERTIES, UM, RUNS 25 TO 45 RAILROAD TRAINS EVERY DAY. SOME OF THEM ARE, ARE TRANSPORTING WHAT MAKES AMERICA GREAT, UH, DON'T MEAN TO REFER TO TRUMP. UM, BUT, UM, UM, I DON'T WANT TO DESTROY DREAMS, BUT I WANTED 30 SECONDS. WE CONTINUE TO WORK TOGETHER SO THAT, UM, WE CAN ALL LIVE TOGETHER AND IMPROVE OUR AREA. THANK YOU VERY MUCH. THAT'S ALL THAT SIGNED IN TO SPEAK, SIR. ALRIGHT. AND SO, UH, THE APPLICANT, YOU CAN GET TWO MINUTES TO ADDRESS ANYTHING, UH, FROM THAT STATEMENT. YES SIR. UM, AS, UH, MS. MARLENE UH MENTIONED, UH, THERE IS A LOT OF TRAFFIC OF TRAINS AND IT'S BEEN A BIG PROBLEM FOR THE NEIGHBORS. UH, ME AND ROSE HILL. UH, THE, UM, PRESIDENT OF ASSOCIATION OF GOVERNMENT HILL WALKED THROUGH THE WHOLE AREA THIS WEEKEND AND TALKED TO ALL THE NEIGHBORS. UM, WE OFFERED, UH, TO ALSO BUILD SOME KIND OF BARRIER ON THE INNER LINE OF THE PROPERTY THAT WILL ACTUALLY WILL BE LIKE A SOUND BARRIER THAT CAN HELP 'EM WITH THE SOUND OF THE TRAIN. UM, AND WE OFFER TO MAKE THIS WHOLE ABANDONED LOT, A LOT CLEANER AND PRETTIER WITH BEAUTIFUL LANDSCAPE AND BEAUTIFUL, UH, BEAUTIFUL MODERN BUILDING, WHICH, UH, WE BELIEVE WILL RAISE THE VALUE OF THIS NEIGHBORHOOD. UM, WE DID GET APPROVAL FROM ALL THE NEIGHBORS AROUND THE PROPERTY AND I HAVE A, A SIGNATURE FROM ALL OF THEM IN MY, IN MY FILE. UM, SO, YOU KNOW, I THINK IT'S JUST IN GENERAL REALLY POSITIVE, UH, APPROACH TO THIS DEVELOPMENT. THANK YOU SIR. ALRIGHT, COMMISSIONER TOSON, THANK YOU ALL FOR, UM, INPUTS. UM, I KNOW THAT STAFF RECOMMENDED DENIAL WITH SOME ALTERNATIVES. UM, I GUESS STAFF, COULD YOU ELABORATE ON RECOMMEND? THE ALTERNATIVE RECOMMENDATION WAS FOR A C ONE WITH THE CONDITIONAL USE, THE SAME CONDITIONAL USE FOR THE AUTO UM, RENTAL. UH, HOWEVER, A C ONE BY WRIGHT PERMITS A DRUGSTORE, A FISH MARKET, A FLORIST LOWER IMPACT OR LOWER INTENSITY THAN WOULD A C TWO BY WRIGHT WOULD PERMIT. SO WITH THAT RECOMMENDATION, WOULD THE APPLICANT BE WILLING TO RECONSIDER? THE REASON WHY WE ARE TRYING TO GET IT ZONED TO C TWO IS, UH, UNDER C TWO ZONING, THERE IS, UH, DIFFERENT RESTRICTIONS, UH, THAT ALLOW US TO PLACE THE BUILDING IN A CERTAIN SPOT ON THIS COMBINATION OF THESE THREE LOTS VERSUS C ONE THAT JUST ALLOW ME ONE POSITION, UM, SINCE IT'S GONNA BE AN ART GALLERY [02:55:01] AND JUST AN EXOTIC CAR RENTAL THAT IT WILL INCLUDE ONLY TWO CARS. UH, WE WOULD LIKE TO SEE THE PARKING IN FRONT OF THE BUILDING ALSO, ANOTHER REASON, UH, DUVAL STREET IS A EXTREMELY DANGEROUS, UH, STREET TO DRIVE ON. I THINK IT'S MAYBE SIX FEET WIDE. UM, I DRIVE A SMALL PICKUP TRUCK AND EVERY TIME I HAVE TO BE WORRIED NOT TO FALL OFF TO THE TRACKS. SO, UH, WE, WE WOULD LIKE TO SEE THE PARKING IN FRONT OF THE BUILDING AND, AND PEOPLE THAT CAN JUST COMFORTABLY GO IN AND OUT THE PROPERTY AND SAFELY AS WELL. WHICH C TWO OFFER THAT AND C ONE LIMITED US WHEN IT COMES TO THOSE RESTRICTIONS WHERE THE BUILDING CAN BE AT PROPERTY. DOES THAT ANSWER THE QUESTION? IT DOES. THANK YOU. OKAY. I'LL OPEN IT UP FOR ADDITIONAL, UH, ANY ADDITIONAL QUESTIONS FROM COMMISSIONERS ON MY RIGHT? COMMISSIONER ROMEO? YEAH, I WOULD JUST LIKE TO HAVE STAFF EXPLORE THIS A LITTLE BIT MORE WITH, WITH US. UM, 'CAUSE YOU TALKED ABOUT THE C ONE, BUT, SO TWO THINGS. SO YOU'RE SAYING EITHER THE NC OR THE C ONE WOULD ALLOW THE USES THAT HE WANTS AS A CONDITIONAL USE BY RIGHT. C ONE WOULD ALLOW AN ART GALLERY, BUT THE AUTO RENTAL WOULD NEED, STILL NEED TO BE A CONDITIONAL USE. OKAY. AND NC AS WELL WOULD ALLOW THOSE TWO CONDITION, THOSE TWO USES AS CONDITIONAL, NOT NC, EXCEPT THAT THEY WOULD HAVE TO BE, YOU CAN ONLY HAVE ONE CONDITIONAL USE PER LOT. SO YOU'D HAVE TO INDICATE WHERE EACH CONDITIONAL USE WOULD BE UNDER NC IF YOU'RE DOING TWO CONDITIONAL USES. OKAY. BUT YOU CAN PULL BOTH OF THOSE CONDITIONAL USES DOWN TO NC THAT, THAT'S ALLOWED ON THE TABLE FROM WHAT I WOULD CALL, YES. OKAY. SO THEN IN TERMS OF WHAT THE APPLICANT SAID ABOUT THE, THE PARKING, I ASSUME WHEN YOU SAY YOU WANT IT ON THE FRONT, YOU MEAN ON PINE STREET? SO IS, SO THERE'S NO WAY AROUND THAT THAT HE WOULD HAVE TO HAVE THE PARKING ON VAL? I BELIEVE THERE MIGHT HAVE BEEN SOME CONFUSION RELATED TO THAT. UM, WITH THE FRONT SETBACKS AND WITH THE, THERE'S A NOTE ON, ON C ONE THAT, UM, PARKING WOULD NEED TO BE UP TO TWO ROWS ON THE FRONT OF C ONE AND THEN OVER ADDITIONAL PARKING WOULD BE IN THE BACK OF THE BUILDING. UM, BUT PARKING COULD STILL BE IN THE FRONT AND SEE ONE. AND CURRENTLY IT WAS A SITE PLAN OF 2000 SQUARE FEET FOR THE CAR RENTAL AND 3000 SQUARE FEET FOR THE ART GALLERY. UM, FOR CAR RENTAL, UH, THE PARKING MINIMUM REQUIREMENT IS ONE PER 1000 GROWTH FLOOR AREA BECAUSE THAT WOULD PUT AT TWO, TWO PARKING SPACES. AND THEN FOR THE ART 3000 SQUARE FOOT OF THE ART PORTION, UM, IT'S ONE PER 300 SQUARE FOOT GROWTH FLOOR AREA, WHICH WOULD BRING HIM TO A TOTAL OF 12 PARKING SPACES. SO HE COULD HAVE, IF, IF THE SETBACKS OR, OR IF IT COULD BE ACCOMMODATED IN THE, WHERE, WHERE HE HAS IT ON THE SITE PLAN, THERE COULD BE UP TO TWO ROWS AND THEN HE WOULD NEED TO PUT THE REST IN THE BACK ON VAL STREET. UM, I, I THINK HIS FRONT IS ON PINE STREET AND THEN WE NEED TO PUT PARKING BEHIND THE BUILDING. OKAY. SO YOU'RE SAYING YOU COULD, YOU COULD HAVE PARKING ACTUALLY ON PINE STREET, BUT THEN YOU COULD ALSO HAVE AN ENTRANCE ON PINE STREET WHERE YOU COULD DRIVE ONTO THE LOT AND HAVE MORE PARKING ON THE BACK OF THE LOT SO THAT NOBODY WOULD HAVE TO WORRY ABOUT DUVAL STREET AT ALL. RIGHT. OKAY. 'CAUSE THERE SEEMS TO BE A LACK OF COMMUNICATION ON THIS POINT. UM, HE MENTIONED HE WANTED SOME MORE OF THE RIGHTS IN THE C TWO PERMITTED BY RIGHT. BUT I WOULD LET HIM SPEAK TO THAT ABOUT WHY HE WANTS C TWO. OKAY. COULD, COULD YOU ANSWER THAT QUESTION? SO IF, I DUNNO, MAYBE I'M GIVING UP ON NC BUT I STILL THINK THAT'S THE ANSWER. BUT IF YOU COULD DO WHAT YOU WANTED WITH CONDITIONAL USES IN C ONE AND NOBODY WOULD HAVE TO PARK ON DUVAL STREET, WOULD, DOES THAT WORK? UH, AS LONG AS, UH, C ONE WOULD ALLOW US, UH, 5,000 SQUARE FEET AND, UH, PARKING ON, ON THE LOT. WHEN I, WHEN I, WHEN YOU ASKED ME EARLIER ABOUT THE FRONT PARKING, I DID NOT MEAN ON PINE STREET, BUT LITERALLY ON THE LOT, UH, DESIGNATE AREA FOR PARKING. SO IF C ONE WILL PROVIDE US THE SAME AMOUNT OF SQUARE FOOTAGE AND FRONT FRONT PARKING, UH, I THINK THAT COULD WORK AS WELL. OKAY. UH, NOW ALSO THERE IS A, A MISTAKE ON, UH, ON THE, ON THE USAGE, UH, THE ART GALLERY WILL BE SUBSTANTIALLY LOWER SQUARE FOOTAGE VERSUS THE, THE CAR SPACE. SO WE WILL NEED LESS, UH, PARKING. OKAY, THANK YOU. AND THEN I JUST HAVE ONE OTHER QUESTION. THE STAFF, UM, WE HAVE TO GET THE AUTO RENTAL FACILITY USE. IF YOU'RE JUST RENTING TWO CARS, YOU DO, UH, BECAUSE [03:00:01] THEY'RE GONNA BE STORED THERE OVERNIGHT, B AND B EQUIVALENT KIND OF THING FOR CARS? I, I DON'T BELIEVE SO. OKAY. THANK YOU. UM, ANY FURTHER QUESTIONS FROM MY RIGHT? ALRIGHT. QUESTIONS FROM MY LEFT? COMMISSIONERS ON MY LEFT. QUESTIONS BRING NONE. COMMISSIONER TOSEN BACK TO YOU GONNA MAKE A MOTION TO APPROVE WITH THE ALTERNATIVE C ONE WITH THE APPLICANT'S, UH, WAY AHEAD. UM, SO OKAY, IF I MIGHT MAKE A FRIENDLY AMENDMENT. UM, SO MOTION TO RECOMMEND APPROVAL FOR THE ALTERNATE RECOMMENDATION, WHICH IS C ONE WITH A CONDITIONAL USE FOR CAR RENTAL. OKAY. ALRIGHT. THERE IS A MOTION FOR TO RECOMMEND APPROVAL. IT'S ACTUALLY TECHNICALLY A DENIAL OF THE APPLICANT'S REQUEST UNLESS HE OFFICIALLY AMENDED IT AT THE PODIUM. WELL IN THAT CASE, DO YOU WANT TO AMEND YOUR APPLICATION TO SEE ONE WITH THE CONDITIONAL USE FOR CAR RENTAL? UM, AS, AS I SAID EARLIER, AS LONG AS WE ARE ABLE TO KEEP THE SQUARE FOOTAGE AMOUNT ON THE BUILDING AND THE PARKING OF FRONT AND WE SHOULD IT WORK FOR US AS WELL. I BELIEVE THAT THAT WAS ESTABLISHED. SO YOU, THE ANSWER IS YES WITH THE C TWO CONDITIONS, SIR. STRUCTURAL CONDITIONS WITH THE CONDITION YOU FOR THE CAR RENTAL? YES SIR. ADDITIONAL USE FOR THE CAR RENTAL? YES SIR. ALRIGHT. SO YOU'RE SAYING C ONE YOU ARE, YOU'RE IN FAVOR FOR, IS THAT CORRECT? YEAH, C ONE OR C TWO. I, I JUST WANNA MAKE SURE THE BUILDING POSITION AND SQUARE FOOTAGE AND PARKING WILL BE, 'CAUSE I THOUGHT IT WAS A, A DIFFERENCE WHAT I, WHAT I'M ALLOWED TO DO ON C ONE AND WHAT I'M ALLOWED TO DO A C TWO STRUCTURAL WISE OR CONSTRUCTION WISE. I THOUGHT IT WAS A BIG DIFFERENCE. SO AS LONG AS WE GET IT, UM, AS THIS SIDE PLANE, THEN WE SHOULD, I'M OKAY WITH IT. AND LET ME JUST CHIME IN PLACEMENT, YOU CAN HAVE UP TO TWO ROWS OF PARKING IN THE FRONT. YOU STILL HAVE TO FOLLOW YOUR SETBACKS FOR C ONE. UH, SO IT, IT DOESN'T, IT DOESN'T NEGATE YOU FROM MEETING ALL OF THE DEVELOPMENT STANDARDS, BUT AS FAR AS TRYING TO ACCOMPLISH THE FACT THAT YOU WANT AT LEAST A 5,000 SQUARE FOOT BUILDING AND SOME PARKING IN THE FRONT THAT CAN BE ACCOMMODATED IN C ONE. UH, COULD YOU TELL ME WHAT WAS, WHAT'S THE SETBACKS ON C ONE FROM THE RESIDENTIAL POLICE? I, I KNOW I WAS TOLD 30 FOOT ON C TWO, SO THAT'S WHAT I'M ASKING. SO YOUR FRONT SETBACK FOR C ONE IS 20 FEET, YOUR SIDE SETBACK IS STILL 10, JUST LIKE FOR C TWO AND YOUR REAR SETBACK IS STILL 30. JUST LIKE FOR C TWO, IS THERE ANY DIFFERENCE ON THE FRONT STAFF? UM, C TWO HAS NO FRONT SETBACK. C ONE HAS A 20 FOOT SETBACK AND THANK YOU. SO MY QUESTION TO THE APPLICANT, UM, SIR, UH, SO WITH THE INFORMATION YOU JUST RECEIVED FROM STAFF, ARE YOU WILLING TO GO WITH C ONE? YES SIR. YEAH, THAT'S, THAT'S THE CASE. SURE. THANK YOU. ALRIGHT, NOW THAT I'VE MADE A COMPLETE MESS OF THE MOTION, UH, DO YOU WANNA RESTATE YOUR MOTION FOR THE RECORD? SO NOW THAT HE'S OFFICIALLY AMENDED IT TO C ONE CD, UH, THAT'S THE, THAT'S THE REQUEST THAT YOU'RE, UH, CONSIDERING. SO JUST TO GIVE YOU SOME GUIDANCE, IT WOULD BE APPROVAL AS AMENDED. THANK YOU . UM, I WOULD LIKE TO MOVE FORWARD WITH THE APPROVAL AS AMENDED. THERE IS A MOTION. IS THERE A SECOND? SECOND. OH, MOTION IN TWO SECONDS. UM, ANY FURTHER DISCUSSION? COMMISSIONERS ON MY LEFT COMMISSION ON MY RIGHT. HEARING NONE. UH, ROLL CALL VOTE PLEASE. COMMISSIONER TOLSON? YES. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER HUEY? YES. AND COMMISSIONER BUSANTE. AYE. MOTION PASSES. ALRIGHT, UM, COMMISSIONERS, WE CURRENTLY HAVE UH, EIGHT PEOPLE, WHICH MEANS IF SOMEONE NEEDS TO GO TO THE RESTROOM, ONE OF Y'ALL CAN LEAVE AND COME BACK. BUT LET'S TRY TO KEEP IT AT ONE. BUT I DON'T WANNA STOP THE MEETING 'CAUSE I'D RATHER JUST KIND OF BARREL THROUGH AT THIS POINT. SO IF WE CAN MOVE ON TO THE NEXT ITEM. CASE NUMBER I, ITEM 23. ZONING CASE Z [03:05:01] 20 19 1 0 7 0 0 2 1. FOUR'S REQUEST TO CHANGE THE ZONING FROM R SIX RESIDENTIAL SINGLE FAMILY TO AN R SIX CD WITH CONDITIONAL USE FOR TWO DUPLEXES LOCATED ON 8 2 2 DARBY BOULEVARD AND 8 2 4 DARBY DARBY BOULEVARD. 25 NOTICES MAILED ZERO IN FAVOR. NINE IN OPPOSITION. NO RESPONSE FROM THOMPSON NEIGHBORHOOD ASSOCIATION. THE CURRENT R SIX RESIDENTIAL SINGLE FAMILY DISTRICT'S. APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. ALTHOUGH REQUESTED R SIX CD MAINTAINS THE BASE RESIDENTIAL DISTRICT, THE CONDITIONAL USE ALLOWS CONSIDERATION OF TWO SEPARATE DUPLEX UNIT UNITS IN ADDITIONAL DENSITY NOT ALREADY ESTABLISHED IN THE NEIGHBORHOOD. IF THE PROPERTY OWNER IS OCCUPIED, A PRIMARY DWELLING AND ACCESSORY DWELLING UNIT WOULD BE PERMITTED WITHOUT PROPERTY REPORTING. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT VERY MUCH. UM, IF THE APPLICANT IS PRESENT, IF THEY WOULD COME UP, THE APPLICANT IS PRESENT. THANK YOU SIR. SO MY NAME IS EDDIE SIGNS. I'M THE OWNER TO THE TWO PROPERTIES I WAS BORN AND RAISED THERE. I OWN THE TWO PROPERTIES DIRECTLY BEHIND IT. I RENT THOSE PROPERTIES. UH, I GOT SOME, I WANT TO BUILD THESE TWO DUPLEXES AND, UH, PUT VETERANS IN THERE LIKE I HAVE IN THE FRONT HOUSE. I HAVE 42 YEARS EXPERIENCE IN RENTING. I JUST DON'T RENT TO ANYBODY. I'M TRYING TO, I KEEP GOOD FAMILIES. IT BENEFITS ME TO PUT GOOD FAMILIES IN THERE BECAUSE THAT WAY I DON'T LOSE THE NEIGHBOR. UH, THEM, THE DUPLEXES THAT I WANNA BUILD ARE REAL, REALLY NICE. UH, THEY WON'T BE THE BIGGEST STRUCTURE ON IN THE NEIGHBORHOOD. UH, THE HOUSE RIGHT ACROSS THE STREET IS A BIG HOUSE, TWO STORY HOUSE, UH, 50. RIGHT NEXT DOOR TO THE HOUSE DIRECTLY IN FRONT OF MY PROPERTY IS A 74 UNIT APARTMENT COMPLEX. UH, THAT IS WELL MANAGED. UH, I, UH, I'M GONNA PUT, UH, PUT A PRIVACY FENCE AROUND IT THE WAY MY NEXT DOOR NEIGHBOR FROM THAT PROPERTY, UH, ASKED ME IF I, IF I WOULD PUT A, A PRIVACY FENCE, UH, THAT HE WOULD BE AFFORD IT. UH, I WENT OUT AND TALKED TO ALL THE NEIGHBORS. UH, LIKE I SAY, I WAS BORN AND RAISED THERE, SO I KNOW MOST OF THEM. AND, AND, UH, A LOT OF THEM TO THE LEFT, ALL OF THEM WERE, WERE FOR IT. UH, I HAD HAD A HARD TIME GETTING AHOLD OF THEM BECAUSE THEY WERE ALL WORK, THEY WORKED LATE AND EVERYTHING, SO THAT'S PROBABLY WHY THEY DIDN'T, UH, SEND THE LETTER IN. UH, I DO HAVE SOME THAT ARE AGAINST IT. UH, I, I THINK THAT'S SOMETHING ABOUT THE TRAFFIC THAT, UH, BUT YOU'RE, I'M ONLY ASKING FOR TWO, TWO EXTRA FAMILIES ON THERE. YOU KNOW, IF VERSUS IF I WOULD'VE, UH, BUILT TWO HOUSES, I'M ONLY ASKING FOR TWO DIFFERENT MORE, TWO MORE FAMILIES AND THEY'RE GONNA BE REAL PRETTY BRICK STRUCTURE APARTMENTS, UH, DUPLEXES. THAT'S ALL I CAN SAY. THANK YOU MRS. THANK YOU. ALRIGHT. UH, ARE THERE INDIVIDUALS SIGNED UP TO SPEAK ON THIS ITEM? ADRIANA GARCIA, FOLLOWED BY EVELYN. AND I'M SORRY, MS. EVELYN, I DON'T, I CAN'T READ YOUR LAST NAME. HELLO. THANK YOU FOR YOUR TIME. MY NAME IS ADRIANA GARCIA. I LIVE ON 1603 BARCLAY STREET, WHICH IS THE CORNER OF DARBY. UM, I AM JUST RIGHT OUTSIDE THAT 200 FEET, UH, UH, THING. UM, AND I, UH, A ZONING PLAQUE WENT UP JUST LAST WEEK. AND SO I FEEL THAT THAT'S NOT EVEN ENOUGH TIME TO UNDERSTAND WHAT'S GOING ON. UM, SO I'M OPPOSED TO CREATING TWO, UH, DU DUPLEXES IN THOSE TWO LOTS. SO TWO, TWO PLEXES. THE NEIGHBORHOOD IS ZONED FOR SINGLE FAMILY HOMES AND THAT WAS REZONED, UH, ABOUT 35 YEARS AGO. UM, AS A RESULT OF THE MULTIPLEX APARTMENT COMPLEX THAT IS RIGHT ACROSS THE STREET FROM MY HOUSE ON THE WEEKLY BASIS, I DO PICK UP DEBRIS FROM MY LAWN AND, UM, PROBABLY THE AMBULANCE COMES OUT THERE AT LEAST ONCE A MONTH TO TWICE A MONTH. AND, UH, THERE HAS BEEN SWAT RAIDS OVER THERE AS WELL. SO I AM CONCERNED ABOUT, UM, PUTTING A MULTI-FAMILY USE, UM, IN A SINGLE FAMILY ZONE, ESPECIALLY IF THE NEIGHBORHOOD CAME TOGETHER 35 YEARS AGO TO MAKE SURE THAT THE NEIGHBORHOOD WAS ZONED FOR SINGLE FAMILY USAGE. I DID SPEAK TO SOME OF MY NEIGHBORS, UH, WHO ARE CATTYCORNER FROM MR. SIGNS, UM, WHO ARE AGAINST IT. ONE OF THEM COULD NOT BE HERE BECAUSE HE IS WORKING. UH, RICHARD IBANEZ, WHO, WHO DID TURN IN, UM, AN OPPOSITION, [03:10:01] UM, 30 SECONDS. HE, HI. HIS, HIS CONCERN WAS THAT WHEN HE SPOKE TO MR. SZ, HE SAID, WHAT WAS WORST CASE SCENARIO? WELL, IF HE WASN'T ABLE TO GET TWO DUPLEXES, THEN HE WOULD HAVE TO SELL TO A DEVELOPER AND THEN US AS NEIGHBORS WOULD HAVE TO CONTEND TO A DEVELOPER AS OPPOSED TO A PERSON. SO HE FELT THAT WE ARE KIND OF HOLD, HELD OVER A BARREL TO ACCEPT THIS. I'M ALSO OPPOSED, UM, I'M, I'M, SO I'M JUST OPPOSED TO IT. AND THEN ALSO, I DON'T KNOW IF I SAW CONSTRUCTION THERE OR PLUMBING BEING CREATED. AND I, MY QUESTION IS, IS THAT, IS THAT NECESSARY AT THE MOMENT? TWO MINUTES. THANK YOU MS. GARCIA. THANK YOU. EVELYN GARCIA, FOLLOWED BY GENEVIEVE PEREZ. ALRIGHT, MS. PERES, YOU WILL HAVE FOUR MINUTES. FOUR, IT'S TWO MINUTES PER SPEAKER. TODAY GONNA BE PEREZ. 8 4 7 DARBY. UM, I'M A RETIRED TEACHER FROM EDGEWOOD. ANYWAY, I THANK Y'ALL FOR LISTENING. UH, FIRST OF ALL, THE HOSPITAL ON, UH, 90 AND COUPLES. THANK YOU FOR THAT. THAT WAS AN EYESORE THERE. UH, DRUG ADDICTS HOMELESS, AND WE WERE CONSTANTLY CALLING CO COMPLIANCE. AND WE HAVE A BEAUTIFUL HOSPITAL NOW, NOT OPEN, BUT IT'S THERE. UH, I REPRESENT, UM, THE ELDERLY IN MY NEIGHBORHOOD. UH, LENORA RODRIGUEZ, 87 YEARS OLD. WIDOW, JANIE SINO WIDOW. MS. RAMOS HUSBAND'S IN THE NURSING HOME. MS. DAUGHTER'S FAMILY. THE SON IS THE OWNER. EZ FAMILY. THE SON IS THE OWNER. IVANA'S FAMILY. THE SON IS THE OWNER. RAY IS FAMILY. THE GRANDDAUGHTER IS THE OWNER. AND THE LIST GOES ON. THESE ARE SINGLE HOMES, SIR. AND MA'AM, UM, UH, LADIES, UM, THERE'S ONLY ONE HOUSE THAT ON DARBY HAS FBO DWELLINGS IN THE BACKYARD. WE DON'T EVEN KNOW. UM, LIVED THERE A LONG TIME. I DON'T KNOW WHAT'S GOING ON BACK THERE, BUT I KNOW I WAS CUTTING MY MOM'S GRASS AND THERE WAS A SHOOTING IN DAYLIGHT. AND HERE COME THE COPS, COPS, FOUR OR FIVE OF 'EM. AND SO WE DON'T KNOW WHAT'S GOING ON. BUT ANYWAY, UM, MR. MORENO, HE'S HERE, HE'S PRESENT. MR. RAUL, UH, MORENO, HE IS THE LAST PERSON TO ENTER OUR, UH, COMMUNITY, OUR NEIGHBORHOOD, SINGLE HOUSE DWELLING. HIS HOUSE IS IMMACULATE. HIS DOG STAYS IN HIS YARD. AWESOME. SO THAT HE'S GONNA BE NEXT TO THE PROPERTY THAT MR. SIGNS CAME TO TALK TO US ABOUT. BUT STILL, WE ARE HEARING DIFFERENT STORIES, MR. BUSMAN, BECAUSE, UM, HE'S, HE SAID HE WAS GONNA DO THE DUPLEXES, BUT NOW WE, WE HEAR THAT HE SOLD THE PROPERTY TO A LADY. UH, THE LADY IS WANTS TO, UH, BUILD APARTMENTS OR SOMETHING LIKE THIS. I DON'T KNOW WHAT'S GOING ON REALLY. SO I'M SORRY ABOUT THAT INFORMATION. UH, I TOOK A DRIVE ON KIRK AND THE ONLY HOUSE THAT HAS CARS ON KIRK, THIS IS KIRK. THE ONLY HOUSE THAT HAS CARS PARKED ON THE STREET IS MR. SIMON'S HOME. AND I DON'T KNOW IF HE LIVES THERE OR HE'S RENTING. I, I, I'M NOT TOO SURE. ANYWAY, UM, THESE FAMILIES HAVE BEEN RECITED THERE FOR 50 YEARS PLUS I GREW UP THERE. IT'S A BEAUTIFUL NEIGHBORHOOD. BUT WE, WE DEALT WITH APARTMENTS, WE LOST. THAT'S FINE. BUT THE LADIES THAT ALL I TALK TO, THEY DON'T FEEL SAFE. THEY DO NOT FEEL SAFE. EVERYBODY'S MAILBOX IS TAMPER IT. MY MOM, THEY PUNCH IT, HOLD IN IT AND I SAID, MOM, LEMME FIX IT. DON'T BOTHER. I SAID, OKAY. IF YOU GO DOWN THE NEIGHBORHOOD, THAT'S THE CONCERNS. AND SOMETHING WITH MAILBOXES, I THOUGHT THAT WAS VERY ILLEGAL TO TAMPER WITH THEM. UH, ALL THE LITTLE FLAGS ARE BROKEN. THEY STOLE SOMEBODY'S MAIL. 'CAUSE I HAD A, A WITNESS, THEY WERE OPENING THE MAILBOXES. SO WE WITNESSED THAT. AND THAT'S THE HIGH TRAFFIC OF WALKING FROM THE APARTMENTS. AND THAT'S WHAT WE DEAL WITH, PLUS THE TRASH. UM, THE LIST GOES ON. BUT, UM, YOU KNOW, WE, WE, WE JUST WANT, IF, IF MR. SZ COULD BUILD A, A DWELLING LIKE MR. UM MORENO. OH, THAT WOULD BE BEAUTIFUL. AND THAT WAY FROM THE CHURCH ON, IT'S SO TRASHY. I'M SORRY. 30 SECONDS. YES, MA'AM. UH, FROM THE, THE CHURCH TO COUPLES ROAD. THE LADY WAS OUTSIDE TODAY TRIMMING HER, HER, HER, UH, BUSHES. WE, WE, WE TAKE PRIDE AND THESE ARE THE LADIES THAT WANTED TO COME, BUT THEY HAVE DOCTOR'S APPOINTMENTS AND THEY'RE IN THEIR EIGHTIES AND THEY CAN'T SIT THROUGH THIS. I BARELY DID. BUT ANYWAY, UH, , HAVE A HAPPY NATIONAL NIGHT OUT AND THANK YOU FOR YOUR TIME. THANK YOU. I, I DON'T THINK YOU'RE ALONE AND GETTING CLOSE TO THE EDGE OF WHEN WE [03:15:01] CAN SIT THROUGH STUFF. UM, ROSALINDA GAR GARZA, FOLLOWED BY CRUZ GARZA. MY NAME IS ROSA LINDA GARZA. MY ADDRESS IS 1223 KIRK. I ALSO OWN THE PROPERTY AT 1219 KIRK, I AM RIGHT NEXT DOOR TO, UM, EDDIE SIGNS. NOW HE DOES NOT RESIDE THERE. AND, UH, BUT I KNOW THERE'S ONLY ONE VETERAN IN THERE, EVEN THOUGH THERE'S THREE RESIDENCES THERE. UH, THE PROPERTY RIGHT AND BACK IS WHAT HE'S TALKING ABOUT. I, UH, I'M AFRAID THAT THIS IS GONNA SET A PRECEDENCE TO CHANGE THE INFRASTRUCTURE. OUR COMMUNITY, ALL, ALL OUR LOTS ARE LARGE. THEY'RE 125 FEET LARGE, AND WE CONSTANTLY GET SOLICITATIONS TO SELL OUR PROPERTIES AS ALL THOSE SENIOR CITIZENS. AND I AM AFRAID THAT AS PROPERTIES ARE BEING BROUGHT UP, THE STRUCTURE OF THE COMMUNITY IS BEING CHANGED. AND IF THEY START PUTTING DUPLEXES, MY QUESTION IS, IS IT A DUPLEX PER LOT OR TWO DUPLEXES PER LOT? 'CAUSE YOU'RE TALKING ABOUT TWO LOTS HERE. IF IT'S TWO, THAT MEANS FOUR DUPLEXES, THAT MEANS EIGHT RESIDENCES. IT'S CHANGING THE, THE CHARACTER OF OUR COMMUNITY. UH, ALSO, I, I HAVE A QUESTION HERE. IT SAYS THAT THE SUBJECT PROPERTY ON YOUR LEGEND IS 12.536 ACRES. I THINK THAT'S INCORRECT. 30 SECONDS. SO, UH, I THINK THAT NEEDS TO BE CHECKED. UM, THANK YOU. THAT IS INCORRECT. THANK YOU. MS. CARO. RALPH RODRIGUEZ, FOLLOWED BY CRUZ GARCIA, UH, RALPH RODRIGUEZ. 8 4 7. DARBY JUST FOUND OUT ABOUT THIS A DAY AGO, . BUT I DID WANNA POINT OUT A COUPLE OF THINGS. UH, I GREW UP IN THAT NEIGHBORHOOD SINCE I WAS BORN IN 1961. I GUESS I GET MY AGE AWAY. BUT, UH, THAT USED TO BE THE BELGIAN GARDEN AREA BUDDIES. UH, FAMILIAR WITH IT. YOU KNOW, THE BANDED WALLIES GREW UP THERE, UH, QUITE A FEW. AND I JUST DISAPPROVE OF IT BECAUSE YOU'RE PUTTING FOUR HOUSING UNITS ON HALF AN ACRE, SO TO SPEAK. LESS THAN HALF AN ACRE, HALF AN ACRE, HALF A FOOTBALL FIELD. UM, 35 YEARS AGO, UH, MS. GARCIA AND I WENT, UH, WE WENT TO, ACTUALLY WENT TO CITY COUNCIL TO RESTRICT THAT, UH, APARTMENT COMPLEX, YOU KNOW, AND WHAT DID THEY DO? THEY BROUGHT IN FULBRIGHT JAWORSKI BIGGEST LAW FIRM IN HOUSTON EVER HERE IN SAN ANTONIO. AND IT WAS ZONED, IT WAS AN ANTIQUATED ZONING. THERE WAS NOTHING WE COULD DO. UH, THEY GAVE SOME CONCESSIONS, BUT OTHER THAN THAT, REALLY WHAT I WANT TO SAY IS THAT IT IS A SECOND AND THIRD GENERATION FAMILY, SINGLE FAMILY HOME. AND THAT'S THE WAY IT SHOULD BE. UM, SINCE THAT, UM, APARTMENT COMPLEX WENT UP CRYING, BOOM, I WAS THERE, YOU KNOW, A LOT OF HOMELESS PEOPLE. AS YOU KNOW, I WAS AT MY MOM'S HOUSE. THAT WAS MY MOM'S. NOW IT'S, SHE STILL LIVES THERE, BUT IT'S, YOU KNOW, YOU GET PEOPLE COMING OFF THE STREET ASKING FOR 30 SECONDS. AND, UH, LAST THING I WOULD'VE TO SAY IS THAT THE CRIME HAS INCREASED, UM, PEOPLE RACING, YELLING SHOOTINGS. AND, UH, THAT'S NEVER HAPPENED BEFORE. BUT I JUST DISAPPROVE OF THE PUTTING FOUR HOUSING UNITS, ESSENTIALLY TWO DUPLEXES ON THAT PROPERTY. NEXT PERSON I HAVE IS NAOMI GARZA. MY NAME IS NAOMI GARZA. I AM A RESIDENT AT 1239 KIRK, WHICH IS THE PROPERTY. UM, IF YOU COULD PLEASE GO BACK TO THE OTHER PICTURE. UM, SO THE PROPERTY IN FRONT, WHICH IS SOUTH, I'M ON THE PROPERTY ON THE [03:20:01] LEFT. AND I'VE LIVED THERE FOR GOING ON EIGHT YEARS, A LITTLE OVER EIGHT YEARS. I AM PURCHASING THE PROPERTY. SO I HAVE BEEN THERE TO EXPERIENCE THE RENTERS THAT HAVE RENTED SIGNS IS PROPERTY. AND IT HAS NOT BEEN A PLEASANT EXPERIENCE. I'M CONSTANTLY SEEING EITHER TRASH THROWN IN MY YARD OR, YOU KNOW, YOU HEAR THE LATE NIGHT DRINKING AND THINGS AND, AND LIKE ONE OF THE OTHER, UM, SPEAKERS MENTIONED THERE IS CONSTANTLY CARS COMING AND GOING. AND THAT'S JUST FOR THERE. I I BELIEVE THERE'S TWO, TWO RESIDENCES ON THAT ONE PROPERTY. SO HAVING THIS ONE WITH FOUR REALLY CONCERNS ME BECAUSE THAT IS, THAT PROPERTY WILL AFFECT MY BACKYARD, MY PRIVACY. AND AS MENTIONED BEFORE, IT IS GOING TO CHANGE THE STRUCTURE, THE CHARACTER OF THE NEIGHBORHOOD. IF YOU WERE TO ZOOM OUT LIKE ON GOOGLE EARTH OR WHATEVER, ALL OF KIRK STREET AND DARBY IS LIKE A JEWEL ON THE SOUTHWEST SIDE THAT HAS GREEN PROPERTY, LARGE YARDS. AND THAT JUST CONCERNS ME 'CAUSE IT'S JUST A RARE SITE THESE DAYS. AND LOOK AT THE GREENERY. AND IF YOU WERE TO START BUILDING THESE MULTI-FAMILY COMPLEXES, IT, IT WILL CHANGE THE, THE STRUCTURE AND THE, THE, THE GREEN PROPERTY. THAT'S JUST SOMETHING THAT'S JUST VERY RARE THESE DAYS. AND MY CONCERN IS ALSO FOR SAFETY. THERE HAS BEEN NUMEROUS TIMES WHERE COPS HAVE BEEN CALLED OUT AND TO THE SIGNS PROPERTY FOR WHATEVER RENTAL SITUATION. SO I AM IN OPPOSITION TO THIS DECISION AND I JUST THANK YOU FOR YOUR TIME. AND LAST PERSON I HAVE, UM, I'M NOT SURE WHAT THE FIRST NAME IS, BUT LAST NAME IS GARCIA AT 8 23 DARBY. MY NAME'S CRUZ GARCIA. I LIVE IN 8 23 DARBY STREET. AND, UH, THE PROPERTY THAT MRS. THE PROPERTY THAT MRS WANTS TO BUILD IN IS RIGHT ACROSS THE STREET FROM ME. AND, UH, I'M IN FAVOR FOR THAT BECAUSE IT'S A VACANT LOT. AND, UM, EITHER THOUGH THE, THE PROPERTY NEXT TO ME TO THE LEFT, IT'S AN APARTMENT COMPLEX. AND, UH, I DON'T SEE NO DIFFERENCE BETWEEN THE CAR, AN APARTMENT COMPLEX AND A DUPLEX. AND THE PEOPLE THAT LIVE IN FRONT OF ME, I SOLD THEM THAT. SO MR. ZS SHOULD BUILD THAT PROPERTY RIGHT THERE BECAUSE I DON'T SEE WHY PEOPLE ARE AGAINST WHEN THE ONLY NEIGHBOR THAT HE WILL HAVE IS ME, THE CHURCH AND THE APARTMENT COMPLEX. SO I'M IN FAVOR FOR THAT BECAUSE THERE'S NO NEED ON, NOBODY THAT LIVES THREE BLOCKS FROM THERE OR FIVE BLOCKS FROM THERE. COME AND COMPLAIN. THAT'S ALL I HAVE TO SAY. THANK YOU MR. GARCIA. THAT'S ALL THAT'S SIGNED IN TO SPEAK. ALL RIGHT. UH, MR. SIGNS, YOU HAVE TWO MINUTES OF REBUTTAL. UH, AS FAR AS FOR, UH, MS. GARZA, UH, I'M ONLY GONNA BUILD ONE BUILDING ON EACH LOT. NOT EIGHT BUILDINGS OR ANYTHING LIKE THAT. AND AS FOR THE OTHER LADY THAT SAID THAT, UH, ON KIRK STREET, THAT THERE'S THE ONLY HOUSE THAT PARK THAT HOW CARS PARK ON THE STREET, THAT IS A VETERAN THAT LIVES THERE. AND HE HAS THE PEOPLE THAT COME TAKE CARE OF HIM. THEY DO NOT PARK IN THE PARKING LOT 'CAUSE THEY BLOCK THEIR, THEIR CARS AND THEN THEY CAN'T GET OUT. SO THEY HAVE THE, THE PEOPLE THAT, THAT TAKE CARE OF HIM, PARK ON THE STREET. THAT'S WHAT, AND AS FAR AS THE POLICE THAT HAVE BEEN GOING OVER THERE, I HAD A, UH, ON, ON THE BACK HOUSE, UH, WHICH IS 1225 KIRK, AND SEE THAT ALL THAT WAS ONE PROPERTY FROM THE FRONT TO THE BACK. BUT I HAD TO REPL IT AND I MADE TWO PROPERTIES. 1225 KIRK. I HAD A MAN AND A LADY THAT LIVED THERE, AND THEY JUST RECENTLY, NOT TOO LONG AGO, GOT DIVORCED AND THEY WERE HAVING PROBLEMS AND THE COPS WERE OVER THERE. UH, THE, THE VETERAN DOESN'T DRINK AND NEITHER DO THOSE PEOPLE IN THE BACK DRINK. UH, THEY'RE ROOFERS AND THEY WORK HARD. UH, THERE'S NO DRINKING GOING ON IN, IN, IN THOSE PLACES THERE. UH, UH, THAT, THAT'S ALL I PRO. I I I, I LEFT EVERY, ALL MY NEIGHBORS MY PHONE NUMBER IN CASE IF, IF I DO GET TO BUILD THESE THINGS, IF, IF THEY HAVE ANY PROBLEMS, THEY CAN CALL ME. UH, I, I'M REAL UP ON THAT. I WANT TO HAVE GOOD PEOPLE THERE. AND I DON'T WANT NO, AND [03:25:01] IF I DO GET 'EM, I DON'T WANT THEM GIVING ANY PROBLEMS TO ANYBODY. 'CAUSE IT BENEFITS ME TO HAVE GOOD THINGS GOING ON THERE. AND I, LIKE I SAY, I HAVE OTHER PROPERTIES, OTHER DUPLEXES. I WISH I COULD HAVE BROUGHT SOME OF MY, MY TENANTS TO, UH, TO TELL YOU HOW GOOD I AM AS FAR AS WHEN ANYTHING COMES UP. I'M, I'M ON IT. I DON'T HAVE A HUNDRED HOMES OR ANYTHING LIKE THAT. I HAVE ENOUGH HOMES TO WHERE I CAN PAY ATTENTION TO WHAT'S GOING ON. UH, THANK YOU MR. STEINS. ALRIGHT. THIS IS, UM, IN DISTRICT FIVE, WHICH OF COURSE MEANS IT FALLS TO ME AND I DON'T REALLY HAVE ANY QUESTIONS AT THIS TIME. UM, SO I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS FOR ANY QUESTIONS THEY HAVE. COMMISSIONERS ON THE LEFT. ALRIGHT. ALRIGHT. SO ONE THING THAT ALWAYS CONCERNS ME WHEN WE DISCUSS THESE PROJECTS IS SORT OF THIS IDEA OF DENSITY AND CRIME. AND I THINK, YOU KNOW, AS WE'VE DISCUSSED AS A COMMISSION PREVIOUSLY, THAT KIND OF CORRELATION OFTEN ENDS UP BEING FEAR MONITORING. UM, HOWEVER, UM, IN THIS CASE, WE HAVE A STAFF RECOMMENDATION OF DENIAL. WE HAVE STRONG, UH, NEIGHBORHOOD OPPOSITION. WE HAVE A VERY, YOU KNOW, NOT QUITE UNIFORM, BUT A VERY PREDOMINANT FORM OF HOUSING AND ZONING IN THIS AREA. AND SO FOR THAT REASON, UH, I AM GOING TO MOVE TO ACCEPT THE STAFF RECOMMENDATION AND MOVE TO RECOMMEND DENIAL. SECOND, THERE IS A MOTION AND A SECOND. ANY DISCUSSION? COMMISSIONERS? TO MY RIGHT. COMMISSIONERS TO MY LEFT RIGHT. HEARING NONE. ROLL CALL VOTE. COMMISSIONER ROMERO. YES. COMMISSIONER KAMATH. YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSA. MONTE AYE. MOTION PASSES. THANK YOU. THANK YOU ALL. GOOD LUCK TO YOU. UH, NEXT ITEM PLEASE. ALRIGHT, ITEM NUMBER 24. LOCATED AT 2 52 CORNELL STREET IS A REQUEST TO CHANGE THE ZONING FROM R SIX TO I D Z TWO WITH USES PERMITTED FOR EIGHT DWELLING UNITS. 24 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. ZERO. WERE RETURNED IN FAVOR, SIX IN OPPOSITION. UPTOWN NEIGHBORHOOD ASSOCIATION IS IN SUPPORT AND THREE OTHER NEIGHBORHOOD RESIDENTS ARE IN OPPOSITION. DAF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST. THE PROPOSED USE IS NOT CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. THE PROPOSED DENSITY IS NOT AN ALREADY IS NOT ALREADY ESTABLISHED IN THE NEIGHBORHOOD. STAFF RECOMMENDS DENIAL AND THE REPRESENTATIVE IS AVAILABLE TO ANSWER QUESTIONS. REPRESENTATIVE PLEASE. GOOD AFTERNOON, COMMISSIONERS. PATRICK CHRISTENSEN, THREE 10 SOUTH ST. MARY'S, SUITE 2,700. I HAVE A LITTLE POWERPOINT BUT I WANNA SHOW YOU A COUPLE THINGS. I MEAN, THIS, THIS PROPERTY IS IN TRANSITION. I WANNA MAKE SURE EVERYONE UNDERSTANDS THIS IS A PROPERTY THAT'S KIND OF CATTYCORNER. IT'S A TWO STORY INTERESTING STRUCTURE. I DON'T KNOW IF THERE WAS A BIG HOUSE IN FRONT OF IT AT SOME POINT. IT CLEARLY LOOKS LIKE A, LIKE A LARGE GARAGE BEHIND ANOTHER, BEHIND OUT AN OLD HOUSE OR SOMETHING, BUT IT'S, IT'S NOT THERE ANYMORE. UM, WELL THEY DON'T SHOW THE PROPERTY. THERE'S A TRUCK PARKING LOT DIRECTLY ACROSS THE STREET, BUT THAT, THAT'S NOT THERE. IT'D BE BASICALLY, I DON'T HAVE A POINTER EITHER. SO WHERE IT SAYS 1711, THAT IS A BASICALLY A TRUCK PARKING LOT. AND IF YOU COULD GET MY, MY, UH, MY UH, POWERPOINT, THAT'D BE GREAT. THE POWERPOINT AVAILABLE. UM, OKAY. UM, SO THIS IS OF COURSE, YOU KNOW, THE ZONING MAP AND THEN, UH, THE CYCLING. WHAT WE'RE TRYING TO DO HERE, THIS IS FLIPPED AROUND, UM, WITH NORTH BEING TO THE RIGHT, UH, WE'RE TRYING TO DO FOUR UNITS, TWO PARKING SPACES EACH, TWO AND A HALF STORIES WITH SOME VISITOR PARKING IN THE BACK OFF THE ALLEY FOUR LETTER FROM THE NEIGHBORHOOD ASSOCIATION AND THE EMAIL. AND THIS IS WHY STAFF'S [03:30:01] RECOMMENDING DENIAL. IF YOU LOOK, WHAT WE'RE ASKING FOR IS EIGHT UNITS. AND WITH THE ACREAGE 0.4154 ACRES, WHAT'S ALLOWED IS 18 DWELLING UNITS PER ACRE. IF YOU MULTIPLY THAT TIMES THE ACREAGE IT COMES, YOU COME UP WITH 7.4 UNITS. WE'RE TRYING TO DO EIGHT. WE'RE TRYING TO DO A COHESIVE SYMMETRICAL FOUR UNIT, FOUR TOWN HOME UNITS ON EACH SIDE OF AN INTERNAL DRIVEWAY. AND THAT'S WHY STAFF'S REC AT LEAST ONE OF THE REASONS WHY STAFF'S RECOMMENDING DENIAL. I'VE ASKED FOR, FOR A PLAN AMENDMENT FROM THE PLANNING COMMISSION. THEY SUPPORTED A PLAN AMENDMENT TO ALLOW ME TO, TO DO THE, UH, PROPOSED EIGHT UNITS. UM, AND THAT'S REALLY THE ISSUE HERE TODAY. STAFFS COMMEND DENIAL BECAUSE I'M NOT CONSISTENT WITH THE PLAN PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE PLAN. UM, THERE ARE VERY LARGE WAREHOUSES BEHIND THIS PROPERTY. IT'S, IT'S KIND OF A TRANSITION. LIKE I SAID, WE'VE GOT A TRUCK PARKING LOT ACROSS THE STREET. I GRANTED IF YOU GO TO THE EAST ON CORNELL, THERE ARE SINGLE FAMILY HOMES. BUT SIMILAR TWO STORIES, SOME OR ONE STORY. UM, WE BELIEVE THIS IS A GOOD USE FOR THIS AREA. YOU KNOW, IN MEETING WITH THE UPTOWN NEIGHBORHOOD ASSOCIATION PRESIDENT, THEY HAVEN'T HAD ANY NEW CONSTRUCTION IN THIS AREA IN MEMORY. I MEAN, IT'S BEEN DECADES. UM, SO WE FEEL THIS WILL BE A GOOD, GOOD NEW CONSTRUCTION FOR THIS PART OF TOWN ACROSS THE ALLEY. LIKE I SAID, THERE ARE SOME WAREHOUSES THAT ARE VERY LARGE. THIS WILL BE A NICE TRANSITION FOR THE NEIGHBORHOOD IN OUR OPINION. BUT I'D LIKE TO RESERVE JUST A LITTLE BIT OF REBUTTAL. I KNOW THERE'S SOMEONE HERE TO SPEAK. THANK YOU. THANK YOU. UH, IS THERE ANY INDIVIDUAL HERE TO SPEAK ON THIS ITEM? RAUL RIO. GABRIEL. GABRIEL, IF YOU WOULD STATE YOUR NAME AND YOUR ADDRESS, WOULD YOU COME HERE PLEASE? HI, MY NAME IS RAUL. I LIVE AT 2 36 CORNELL AVENUE SINCE 77. MOST OF MY NEIGHBORS ARE HOMEOWNERS AND OUR AREA IS JUST FOR SINGLE HOME RESIDENCE. WE HAD TWO NEW HOMES, TWO HOMES THAT WERE REBUILT. THEY WERE BOUGHT AND REBUILT AND SOLD FOR INDIVIDUAL HOMES. AND I CAN'T SEE A, A BUNCH I I I SEE IS LIKE SEVERAL, LIKE IF THEY GET THE FOOT IN THERE AND, AND GET ONE BUILDING IN THERE, THEY CAN GET ACROSS THE STREET AND GET ANOTHER ONE. AND THEY CAN LIKE WHERE THAT WHITE HOUSE, THAT WHITE BUILDING WAS, THEY CAN PUT ANOTHER ONE THERE. 'CAUSE IT, THEY'RE ALL, IT'S ALL IN ONE AREA THAT THEY WANNA REZONE. AND THIS IS WHAT I'M, WE'RE LOOKING AT THAT, A BUNCH OF APARTMENTS AROUND OUR, OUR WHOLE AREA. UM, THAT'S IT, SIR. THAT'S IT. WE'RE JUST TRYING TO KEEP IT RESIDENTIAL, YOU KNOW, BUT NOT WITH EIGHT PEOPLE. EIGHT, I THINK IT'S AT EIGHT UNITS. I MEAN, THAT'S MORE PEOPLE COMING IN, MORE TRAFFIC COMING IN TO THIS LITTLE AREA. THANK YOU. THANK YOU MR. RIO. ANY FURTHER? INDIVIDUALS? THAT'S ALL THAT'S SIGNED IN TO SPEAK ON THIS CASE. CHRISTENSEN, UM, THREE MINUTES. WELL WE'RE, THESE ARE FOR SALE TOWNHOME UNITS. THEY'RE NOT RENTALS. AND IF YOU LOOK AT THE AREA, I MEAN, SO IF SOMEBODY PUTS SOMETHING ACROSS THE STREET, ACROSS BRAZOS FROM THIS PROPERTY, THAT WOULD BE BETTER BECAUSE RIGHT NOW WE BASICALLY HAVE TRUCKS PARKING THERE AND THOSE WAREHOUSES ALONG COLLIBRA. IT, IT LOOKS TO ME LIKE, 'CAUSE THERE STILL ARE SOME SINGLE FAMILY HOMES ON COLLIBRA. I MEAN, VERY FEW, THREE ONE OR TWO OR THREE FOR BLOCKS. SO AT SOME POINT IN TIME, CALIBRA MUST HAVE BEEN LINE LINED WITH NICE BUNGALOWS, BUT NOW IT'S LINED WITH VERY LARGE WAREHOUSES AND TRUCKS. BUT THAT'S, YOU KNOW, WHY WE'RE ASKING FOR WHAT WE'RE ASKING FOR. I MEAN, WE, I DON'T SEE SOMEONE BUILDING A SINGLE FAMILY HOME ON THESE TWO. IT'S TWO LOTS, YOU KNOW, ON EACH OF THESE LOTS WITH WHAT'S ACROSS THE STREET. UM, WE FEEL THIS IS GOOD INFILL DEVELOPMENT AND IT'LL BE, IT'LL BE SOME NEW CONSTRUCTION IN THE AREA. SO I WOULD ASK FOR YOUR SUPPORT. I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU. UH, COMMISSIONER GREATHOUSE TO YOU. THANK YOU. I DO HAVE A FEW QUESTIONS. UM, FOR THE APPLICANT, UM, THE ORIENTATION OF THE HOMES WILL BE FACING WHICH DIRECTION. COULD YOU ELABORATE ON THAT? YES, SO WE CAN DO THERE, UM, WE CAN, WE CAN THE THE WE, WE CAN MAKE IT TO WHERE THE, THE STRUCTURES THAT FRONT ON CORNELL. SO THOSE TWO UNITS CAN FACE CORNELL AND WE'LL AMEND TO SITE PLAN BEFORE WE GO TO COUNCIL SHOWING SIDEWALKS GOING UP TO UH, CORNELL. AND, BUT WE WILL HAVE GARAGES THERE IN THE BACK, BUT WE CAN FIGURE IT OUT A WAY TO CONFIGURE IT WITH THE FRONT PORCH OR SOMETHING LIKE THAT. IF THAT'S WHAT, WHAT THIS COMMISSION WOULD LIKE. WE CAN CERTAINLY DO THAT. OKAY. IT'S I D Z SO I CAN PUT THAT ON A SITE PLAN AND IT'LL BE LOCKED IN, SO. PERFECT. AND, UM, WHAT IS THE EXPECTED HEIGHT? UH, TWO STORIES. I MEAN IT'S, WE'RE WITH ID Z TWO DOES ALLOW EXTRA HIGH, BUT WE'RE IMMEDIATELY ADJACENT TO SINGLE FAMILY HOMES. IF YOU'RE WITHIN 50 FEET, YOU CAN ONLY GO TWO AND A HALF STORIES. SO THAT'S TWO STORIES WITH AN ATTIC, NOTHING TOO TALL. AND THE PARKING THAT YOU'RE GONNA BE PROVIDING, YOU SAID TWO SPACES PER UNIT PER INSIDE GARAGES. AND THEN THERE'S ALSO ACTUALLY FOUR EXTRA SPACES FOR, UH, VISITOR PARKING. OKAY, PERFECT. AND THEN, UM, I JUST [03:35:01] HAVE SOME QUESTIONS FOR STAFF. SO THE PROPERTY JUST TO THE EAST OF THIS I BELIEVE IS ZONED R M FOUR, IS THAT CORRECT? YES, THAT'S CORRECT. SO HOW MANY UNITS COULD WE HAVE ON THAT? UM, IF IT MEETS A MINIMUM SQUARE FOOTAGE OF 4,000 SQUARE FEET, IT CAN HAVE UP TO FOUR. SO AN ACREAGE, WHAT WOULD THAT BE? WHAT DO YOU MEAN? CAN YOU DO SOME MATH FOR ME? 4,000 SQUARE FEET IS EQUAL TO HOW MANY ACRES. IT'S LESS THAN A, LESS THAN A QUARTER OF AN ACRE. OKAY, PERFECT. UM, I THINK THAT'S ALL OF MY QUESTIONS. ALRIGHT. UM, ANY FURTHER QUESTIONS FROM COMMISSIONERS ON MY LEFT? COMMISSIONER HUEY? YEAH, CAN YOU, UH, FOR THE APPLICANT, CAN YOU HELP CLARIFY SOMETHING FOR ME? UH, COMMISSIONER GREATHOUSE ASKED HOW MANY PARKING SPACES YOU HAD. HE'S MENTIONED TWO PER UNIT. YES. GO BACK TO MY SITE PLAN. YES, THERE'S GARAGES OFF, THERE'S A, I DON'T, AGAIN, I DON'T HAVE A LITTLE LASER POINTER. SO YOU CAN SEE WE HAVE A DRIVEWAY IN THE MIDDLE AND THERE'S TWO, TWO PARKING SPACES PER UNIT IN GARAGES INSIDE THE UNITS. AND THEN THOSE EXTRA UNITS ARE SPACES ARE EXTRA UNITS, I MEAN EXTRA SPACES PER UNIT. FURTHER QUESTIONS, COMMISSIONERS ON MY LEFT, WE'LL COME BACK TO YOU. OH WAIT, I'M SORRY. I THOUGHT YOU WERE GESTURING COMMISSIONERS ON MY RIGHT. QUESTIONS. UH, COMMISSIONER ROME, UM, I GUESS FOR PATRICK, UM, GETTING A LITTLE CONFUSED WITH ALL YOUR, LIKE THE SEVEN VERSUS EIGHT, BUT THAT'S ALL WITH THE PLAN, RIGHT? I MEAN WITH THE CURRENT ZONING, WHAT COULD, WHAT ARE YOU ALLOWED TO DO BY RIGHT WITH THE CURRENT ZONING? I BELIEVE, UNLESS I'M INCORRECT, I BELIEVE THIS IS ZONED R SIX. SO SINGLE FAMILY UNITS? YEAH. SO JUST A SINGLE FAMILY HOME. SO TWO, BECAUSE YOU HAVE TWO LOCKS, CORRECT? WHAT'S NEXT DOOR IS RMM FOUR. WE ARE NOT RMM FOUR. OKAY, THAT'S, I JUST WANNA MAKE SURE I UNDERSTOOD WHAT YOU WERE SAYING. CHRISTIANSEN, STAY UP THERE. I THINK FOR A SECOND. I DO HAVE ONE QUESTION. UM, REGARDING THIS, YOU KNOW, FROM THE SITE PLAN IT APPEARS, IS THAT GONNA BE OPEN FROM THE ALLEY TO CORNELL OR IS THAT GONNA BE GATED? WHAT'S THE OPEN? IT'LL BE OPEN. THANK YOU. GOT A 25 FOOT SETBACK COMMISSIONER GREATHOUSE? YES. UM, WHILE I RESPECT STAFF'S RECOMMENDATION OF DENIAL, I WILL BE MAKING A MOTION TO RECOMMEND APPROVAL FOR THIS CASE. UM, AND I'LL, AND I'LL, I'LL KIND OF WALK THROUGH MY, MY THINKING HERE. SO LOOKING AT THE PROPERTIES THAT ARE AROUND THIS, IF WE LOOK AT THE ZONING MAP ON THIS BLOCK, THERE ARE 11 LOTS. SO 10 NOT INCLUDING THIS PARTICULAR PROPERTY. OF THOSE FIVE ARE RMM FOUR, WHICH WOULD ALLOW FOR FOUR UNITS. THEY ARE ALL ABOUT 0.2 TO 0.25 OF AN ACRE. SO IF YOU DO THE MATH, WHICH I THINK I'VE DONE CORRECTLY, ALTHOUGH I'M AN ATTORNEY, SO I'M, MY MATH IS QUESTIONABLE. UM, I BELIEVE THAT THAT'S ABOUT 0.05 OF AN ACRE PER UNIT. THIS PROPERTY IS ABOUT 0.4 OF AN ACRE. SO WHEN WE DO THE MATH THERE FOR EIGHT UNITS, I BELIEVE WE ALSO GET TO 0.05 OF AN ACRE. SO I DON'T SEE THIS BEING A DENSITY THAT IS OUT OF LINE WITH THE DENSITY THAT YOU COULD HAVE ON THESE OTHER PROPERTIES AROUND HERE. ADDITIONALLY, WHEN YOU GO DOWN BRAZO STREET, THERE ARE SEVERAL OTHER PROPERTIES THAT HAVE MULTIPLE UNITS AND MULTIPLE DWELLINGS ON THEM. WE HAVE R M FOUR SPRINKLED THROUGHOUT THIS ENTIRE AREA. SO MUCH LIKE THE TOBIN HILL CASE A COUPLE WEEKS AGO. I STRUGGLE A LITTLE BIT WITH SAYING THAT THE DENSITY IS OUT OF LINE WITH THE DENSITY OF THE SURROUNDING NEIGHBORHOOD. ADDITIONALLY, I BELIEVE WE'RE AT, WITH THE PLAN STAFF'S RECOMMENDING DENIAL BECAUSE IT WAS SEVEN UNITS AND IF WE DO THE MATH WE GET TO 7.4 WHERE WE'RE TALKING ABOUT 0.1 OF BEING AWAY FROM ROUNDING UP TO EIGHT UNITS BEING ALLOWED HERE, WHICH IS WHY THE PLAN AMENDMENT WAS NEEDED. SO FOR THOSE REASONS, UM, ADDITIONALLY, THIS IS NOT A, THESE ARE NOT APARTMENTS, SINGLE FAMILY HOMES. WE'VE GOT WHAT APPEARS TO BE ADEQUATE PARKING. [03:40:01] UM, IF THE APPLICANT IS WILLING TO CHANGE THE ORIENTATION SO THAT WE'RE NOT OUT OF LINE WITH WHAT THE REST OF THE NEIGHBORHOOD KIND OF LOOKS LIKE, THEN I'M IN SUPPORT OF THIS. WONDERFUL. UM, YOU SAID YOU WILL, YOU WILL MAKE A MOTION NOW I'M GONNA BE A LITTLE BIT OF A STICKLER. OKAY. COUNSELOR . MOTION FOR APPROVAL. SECOND. ALRIGHT, THERE'S A MOTION AND A SECOND. UH, ANY DISCUSSION ON MY RIGHT? ANY DISCUSSION ON MY LEFT? YEAH, I'LL JUST, PARDON ME ONE SECOND. UM, COMMISSIONER ROMERO. I'M SORRY, COMMISSIONER LIGHT. I, I WENT TOO FAST. I'M HAVING A HARD TIME WITH THIS ONE TOO. UM, WE JUST KEEP HAVING ALL THESE CASES WHERE WE'RE GOING AGAINST STAFF AND GOING AGAINST THE NEIGHBORHOOD. BUT THIS ONE, I, I AM KIND OF SWAYED BY WHAT THE COMMISSIONER JUST SAID. THIS IS A TOUGH ONE. I REALLY, REALLY WISH PLANNING COMMISSION HAD VOTED ON THIS FIRST. THIS WOULD'VE MADE IT SO MUCH EASIER. THE PLANNING COMMISSION RECOMMENDED IT LAST WEDNESDAY FOR APPROVAL. AND THE NEIGHBORHOOD IS OFFICIAL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT PLANNING COMMISSION LAST WEDNESDAY ON THE 25TH, UM, APPROVED IT. THIS MAY HAVE BEEN JUST MIXED UP WITH ANO WITH, THERE WERE TWO OTHER CASES THAT ARE CONTINUED AUTOMATICALLY TO OCTOBER 9TH FOR A LACK OF A MOTION. SO THIS MAY HAVE JUST BEEN ONE OF THOSE THAT WAS CONFUSED WITH THAT. OKAY. I HOPE EVERYBODY CAN LOOK AT THEIR MATERIAL. SO, 'CAUSE EVERYBODY'S LOOKING AT ME LIKE I'M CRAZY. IT SAYS OCTOBER 9TH IN THE MATERIAL THAT WE HAVE. I COULD HAVE BELIEVED PATRICK, BUT I DIDN'T WANT TO . THAT'S ALL MY COMMENTS. THANK YOU COMMISSIONER O NO ONE'S LOOKING AT YOU LIKE YOU'RE CRAZY. I THINK WE'RE JUST TIRED AT THIS POINT. SO THAT'S, THAT'S WHERE WE ARE. COMMISSIONER WHITE. YEAH, NO, I'M JUST SAYING I'M, I'M IN SUPPORT OF THIS. IT'S A GOOD PROJECT. THERE HASN'T BEEN MUCH DEVELOPMENT THERE, I GUESS, IN A WHILE. UH, AND SO I'M, I'M, I'M ALL FOR IT. AND, UH, I THINK WE SHOULD APPROVE IT ANY FURTHER. UH, DISCUSSION. COMMISSIONER ON MY LEFT? HEARING NONE, THERE IS A MOTION AND A SECOND ROLL CALL. VOTE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH? YES. COMMISSIONER SIPES? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUI? YES. COMMISSIONER TOLSON? YES. COMMISSIONER BUSANTE. AYE. MOTION PASSES. MOVE ON TO THE NEXT ITEM. TWO MORE, NOT THE LAST ONE. ZONING CASE Z 2 0 1 9 DASH 0 7 0 2 1 8 LOCATED AT 7 1 4 ADVANCE JACKSON ROAD AS A REQUEST TO CHANGE THE ZONING FROM R FOUR TO R FOUR CD WITH A CONDITIONAL USE TO ALLOW FOR HARDWARE SALES. 30 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. ZERO. WERE RETURNED IN FAVOR. ZERO. RETURNED IN OPPOSITION. AND THE SUBJECT PROPERTY IS LOCATED WITHIN THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION, WHO ALSO DID NOT RESPOND. STAFF HAS NOT FOUND LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND I AM NOT SURE IF THE APPLICANT IS PRESENT ANYMORE. I, I MEAN, IT'S NOT AUTOMATIC. SOMETIMES IF THERE'S AN EMERGENCY WE ALSO OFFER THE A CONTINUANCE JUST IN CASE THEY LEFT FOR SOME REASON. 'CAUSE IT HAS BEEN A LONG AFTERNOON. OKAY. WELL THE REASON THAT I PULLED THIS WAS BECAUSE, UH, IT IS A CONDITIONAL USE AND I WANTED TO DISCUSS CONDITIONS. SO, UM, IF, [03:45:01] WELL IT DOESN'T REALLY MATTER 'CAUSE I'M GONNA MAKE A MOTION AND THEN YOU GUYS CAN APPROVE IT OR DENY IT. SO I'M GONNA MAKE A MOTION FOR CONTINUANCE FOR, UH, THE NEXT MEETING. OCTOBER 15TH. SO TWO WEEK CONTINUANCE. SECOND. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH? YES. COMMISSIONER SIPES? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. COMMISSIONER TOSEN? YES. COMMISSIONER BUSA MONTH. MOTION PASSES. 27 ZONING CASE Z 20 19 1 702 2 CD THERE'S A REQUEST TO CHANGE THE ZONING FROM R FOUR RESIDENTIAL SINGLE FAMILY TO R FOUR CD RESIDENCE. SINGLE FAMILY WITH CONDITIONAL USE FOR TWO RESIDENTIAL DWELLING UNITS LOCATED AT 4 1 9 BELMONT 39. NOTICES MAILED ZERO IN FAVOR, ONE IN OPPOSITION. NO RESPONSE FROM JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION. ALTHOUGH THE PROPERTY IS LOCATED WITHIN THE ARENA DISTRICT EAST SIDE COMMUNITY PLAN AND IS CURRENTLY DESIGNATED AS MEDIUM DENSITY RESIDENTIAL IN THE FUTURE LAND USE COMPONENT OF THE PLAN, THE AREA IS DEVELOPED AS RESIDENTIAL SINGLE FAMILY THROUGHOUT THE REZONING WOULD INTRODUCE ADDITIONAL ZONING, ADDITIONAL DENSITY NOT FOUND IN THE AREA IF HE OH, PROPERTY IS OWNER OCCUPIED AND ACCESSORY DWELLING UNIT MAY BE CONSTRUCTED WITH PROPER PERMITS. STAFF RECOMMENDS DENIAL AND THE REPRESENTATIVES PRESENT. OKAY, WONDERFUL. UH, THE REPRESENTATIVE PLEASE. GOOD AFTERNOON, COMMISSIONERS. UM, MY NAME IS FELIX ZIKA. I'M THE ARCHITECT AND THE APPLICANT FOR THIS PROJECT. UM, OUR INTENT IS TO BUILD TWO HOMES ON THIS SINGLE FAMILY RESIDENTIAL LOT. UM, WE EXPLORED DIFFERENT OPTIONS. OUR ORIGINAL REQUEST WAS ACTUALLY TO ZONE TO R M FOUR, UM, PER STAFF'S, UH, RECOMMENDATION. WE AMENDED OUR APPLICATION AND REQUESTED THE CONDITIONAL USE, UM, IN OTHER AREAS OF THIS SAME NEIGHBORHOOD. UH, RMM FOUR IS THE PREDOMINANT ZONING. THIS IS NOT THE CASE WHERE WE ARE. UH, WE DID EXPLORE SPLITTING THE LOT DOWN THE MIDDLE SO THAT WE ACTUALLY HAD TWO LEGAL LOTS. UNFORTUNATELY, WITH THIS OPTION, WE, WE CAN'T CONTINUE WITH THAT AND, AND KEEP THE R FOUR ZONING BECAUSE THE, I THINK THE TOTAL SURFACE AREA OF THE LOT IS 7,200 SQUARE FEET AND WE, YOU KNOW, DIVIDING IT BY TWO WHERE WE'RE, WE DON'T MEET THE MINIMUM 4,000 SQUARE FEET. UM, COULD, COULD STAFF PULL UP OUR FLOOR PLANS PLEASE AND OUR, IN OUR SITE PLAN? SO THIS, THIS SHOWS, YOU KNOW, IT'S A 60 FOOT WIDE LOT, SO IT'S NOT YOUR STANDARD 50 FOOT WIDE NARROW OR URBAN LOT. IT'S A LITTLE BIT WIDER. AND THIS SHOWS OUR INTENT AS A TWO 20 FOOT WIDE HOMES. UM, AND ON, YOU KNOW, SOLD IN A, AS A AS TOWN HOMES OR WITH A CONDOMINIUM REGIME. UM, A FEW POINTS THAT I WANTED TO POINT OUT IS THAT DOWN THE STREET THERE'S A MULTI-FAMILY, UH, ZONING. UM, THERE WE ARE. WE, THE, THE FUTURE LAND USE PLAN IS FOR MEDIUM DENSITY RESIDENTIAL. SO WE THINK THAT THIS IS CONFORMING TO THAT. UM, PARKING WILL BE, UH, OFF STREET. SO IT'S ALL CONTAINED WITHIN THE PROPERTIES ITSELF. UH, THE DWELLINGS WILL FOLLOW THE SAME CHARACTERISTIC OF THE NEIGHBORHOOD. SO WE'RE TRYING TO KEEP THE DWELLING FRONTS FACING THE STREET VERSUS SOME OF THESE TOWN HOME DEVELOPMENTS WHERE THE, SOME UNITS ARE BEHIND OTHER UNITS. UM, AND AGAIN, THE, THE, THE FUTURE LAND USE PLAN CALLS FOR MIXED USE JUST ONE STREET SOUTH OF US. SO WE, WE THINK THIS IS A VERY, UM, BEING THAT IT'S CLOSER TO DOWNTOWN, WE THINK IT'S A VERY LOW DENSITY PROPOSAL. SO WE, WE URGE YOU TO CONSI RECONSIDER AND, UM, IF WE NEED MORE NEIGHBORHOOD SUPPORT, WE WOULD REQUEST A CONTINUANCE. UH, SO WE CAN GATHER THAT. THANK YOU MR. ZIGA. THANK YOU. IS THERE ANYONE SIGNED TO SPEAK ON THIS ITEM? THERE WAS ONE PERSON, BUT I GUESS SHE LEFT. UM, GLORIA HARPER. SHE LEFT HARPER. OKAY. SHE'S NO LONGER HERE. HARPER IS NO LONGER HERE. UH, COMMISSIONER , ARE ANY, UH, ADDITIONAL COMMENTS FROM FELLOW COMMISSIONS? UM, YEAH, I HAVE SOME. I THINK, UM, DEPENDING ON WHERE YOU ARE, IF THE CONTINUANCE MIGHT BE WELCOME AT THIS POINT I'M GONNA MAKE A MOTION TO CONTINUANCE TO OCTOBER 15TH. SECOND COMMERS, ANY [03:50:01] QUESTIONS OR COMMENTS ON MY RIGHT? AND OF COURSE, COMMISSIONER ON MY LEFT. SHOULD WE UM, YOU THINK TWO WEEKS IS ENOUGH OR TO GET THE NEIGHBORHOOD SUPPORT OR YOU THINK FOUR WEEKS IS BETTER? UM, WE'LL TAKE EITHER ONE. UM, WE, WE JUST DIDN'T GATHER ENOUGH SUPPORT. UM, WE, WE HAVE VERBALS. WE JUST DON'T HAVE IT, YOU KNOW, WRITTEN. SO YEAH, I MEAN IT'S, IT'S, IT'S, I MEAN IT'S, I THINK WE WOULD LOOK FOR SOME GUIDANCE FROM YOU IF YOU THINK YOU CAN GET IT DONE IN TWO WEEKS. GREAT. UH, WE'LL TAKE THE FOUR WEEKS IF THAT'S SET ON THE TABLE. SO IS THAT A, IS THAT A FRIENDLY AMENDMENT TO THE MOTION? YES. ALRIGHT. SO THE FRIENDLY AMENDMENT IS FOR FOUR WEEKS AND SECOND AND SECONDED. ANY FURTHER DISCUSSION ON MY LEFT SPECIAL ON MY RIGHT. HEARING NONE. ROLL CALL VOTE. COMMISSIONER TOSON? YES. COMMISSIONER GRAU? YES. COMMISSIONER CAYMAN? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER ROMERO. COMMISSIONER HUI? YES. AND COMMISSIONER BUSTAMANTE. AYE. MOTION PASSES. ALRIGHT, NOW WE DO HAVE TWO ADMINISTRATIVE ITEMS LEFT ON OUR AGENDA, HOWEVER, UH, IT'S COME TO MY ATTENTION THAT THE APPLICANT ON ITEM 20 IS HERE AGAIN. AND I BELIEVE HE WOULD LIKE TO AMEND HIS REQUEST BACK, UH, IF THE APPLICANT WOULD COME UP BECAUSE I THINK THAT THERE WAS APPARENTLY IN THE BACK AND FORTH, UH, BETWEEN THE DAIS AND THE APPLICANT THERE WAS A MISUNDERSTANDING REGARDING THE C TWO VERSUS C ONE AND THE ALLOWANCE THERE. SO IF YOU COULD TELL US, PLEASE, SIR, WHAT YOU WOULD LIKE, SIR. UM, SO AS WE DISCUSSED BEFORE, UH, THE REASON, MAIN REASON WHY WE NEEDED A C TWO IS STRUCTURAL WISE WHERE WE WANT AND HOW WE WANT TO BUILD THIS BUILDING, UH, BASIS ON THE ACCESS TO THE LOT AND HOW NARROW THE SIDE STREET IS. UM, C ONE DOES NOT ALLOW US TO PUSH THE BUILDING A LITTLE BIT BACKWARDS SO WE CAN ACTUALLY PARK IN THE FRONT. HE ONLY GIVES ME 20 FEET. AND IF YOU PUT THE PICTURE ON THE STREET OF HOW IT LOOKS LIKE, YOU CAN TAKE A LOOK AT THE, AT THE FRONT FROM THE, THE VIEW FROM PINE STREET. SO THIS LOT IS ELEVATED FROM THE STREET AND IT TAKES MAYBE 20 FEET JUST TO GET TO A LEVEL GROUND SO YOU CAN DRIVE INTO THE PARKING. SO IT'S NOT, WE, IT'S NOT LIKE WE HAVE 20 FEET OF PARKING STREET FROM THE SIDEWALK AND THEN THE BUILDING, WE ACTUALLY HAVE AN INCLINE AND THEN WE HAVE TO LAND AND THEN, AND THEN THE BUILDING WILL START AFTER THE PARKING. SO IT'S REALLY IMPORTANT FOR US TO HAVE AT LEAST MAYBE 50 FEET FROM THE STREET. UH, SO WE CAN HAVE ONE OR TWO ROWS OF PARKING IN FRONT OF THE BUILDING, UH, OR WE WILL NOT BE ABLE TO FEED ANY PARKING IN THE FRONT. UH, AND THEN, UM, IT'LL BE VERY DIFFICULT. AND SO, YOU KNOW, THE BODY HAS MOVED TO APPRO OR MOVED TO RECOMMEND APPROVAL OF C ONE AND YOU WOULD LIKE US TO RECONSIDER THAT. NOW TO GO BACK TO YOUR ORIGINAL REQUEST OF C TWO? YES SIR. WITH THE CONDITIONAL USE FOR THE AUTO RENTAL? YES SIR. ALRIGHT. UM, SO PROCEDURALLY, UM, BECAUSE IT'S WITHIN THE SAME MEETING, YOU NEED A MOTION TO RECONSIDER THE ITEM IN ORDER TO BRING IT BACK AND THEN, UM, WE'LL PUT ON THE RECORD OFFICIALLY THAT IT IS BACK TO THE REQUEST OF C TWO CD AND THEN THAT IS WHAT IS BEING CONSIDERED FOR A NEW MOTION. OKAY. AND SO THERE, I'D JUST LIKE TO MENTION THAT UH, THE GOVERNMENT HILL ASSOCIATION AND DISTRICT TWO IS AWARE OF C TWO REQUESTING AS, AS, UH, THE NEIGHBORS AS WELL. SO THEY'RE ALL AGREEING WITH THAT. THANK YOU. GOTCHA. THANK YOU. UM, ALRIGHT, SO THE FLOOR IS OPEN FOR A MOTION FOR RECONSIDERATION. I KNOW, BUT, BUT SO IF SOMEONE MOVES, THEN YEAH, I MOVE TO MAKE A MOTION, UH, FOR RECONSIDERATION. ALRIGHT. IS THERE A SECOND? I CAN. ALRIGHT, THERE'S A MOTION AND SECOND. SO ANY DISCUSSION MR. WHITE? COMMISSIONER WHITE? EXCUSE ME. YEAH, I MEAN, LISTEN, I THINK I'M, I'M, I'M IN FAVOR OF, OF WHAT YOU WANT TO DO. UM, MY CONCERN THAT I JUST MENTIONED TO MR. BUSANTE IS, IS, UH, JUST THE LADY THAT WAS HERE EARLIER, SHE DIDN'T REALLY SPEAK AGAINST IT. UM, BUT SHE OBVIOUSLY SHOWED UP FOR TO HEAR THIS CASE. AND SO, UM, I'M A LITTLE BIT UNCOMFORTABLE DOING THIS, YOU KNOW, BECAUSE SHE'S NOW GONE. UH, SO I DON'T KNOW IF IF, IF WHETHER OR NOT WE SHOULD, IF OTHER COMMISSIONERS FEEL THE SAME WAY, MAYBE WE HAVE YOU COME BACK IN TWO WEEKS, WE CONTINUE IT UNTIL THEN TO [03:55:01] GIVE HER ANOTHER OPPORTUNITY. SO I, I'M SORRY. NO, THERE WASN'T A QUESTION. THIS IS, THIS IS PURELY DISCUSSION AT THIS POINT UNLESS, UH, UH, THE COMMISSIONER ASKS A QUESTION. UH, COMMISSIONER TOSEN, WOULD YOU LIKE TO YEAH. QUESTION FOR THE APPLICANT, UH, IN REGARDS TO, UM, WHAT WAS APPROVED EARLIER WITH C ONE, UH, I KNOW YOU MENTIONED AN INCLINE, UH, FOR THAT PARTICULAR PROPERTY. ARE YOU WILLING TO, UH, MAKE ADJUSTMENTS TO THAT INCLINE TO KEEP THIS SAME STATUS? UH, WE CAN TRY TO GRADE IT AS MUCH AS WE CAN, BUT YOU'LL STILL HAVE THAT, UM, AT LEAST 1520 FEET FRONT DRIVE ENTRANCE TO THE, TO THE, TO THE MAIN PROPERTY. I, WE CAN'T REALLY USE THAT LITTLE HUM FOR ANYTHING. OKAY. UM, ANY FURTHER DISCUSSION OR QUESTIONS, UH, FROM COMMISSIONERS ON MY LEFT? RIGHT. UH, COMMISSIONER SIPES, THIS IS A CLARIFICATION FROM STAFF. UM, THE MENTION OF THE 20 FOOT SETBACK, IS THAT A MINIMUM OR IS THAT THE MAXIMUM ALLOWED? SO IN C ONE, THE MAXIMUM, UM, SETBACK FROM THE PROPERTY LINE TO THE STRUCTURE IS 20 FEET. AND I DON'T THINK WHAT'S, WHAT'S BEING, UM, COMMUNICATED TO THE, OR ARTICULATED OR VISIBLE IN THE PICTURES IS THERE IS A DROP. UM, IT'S A SUBSTANTIAL DROP. IF YOU LOOK RIGHT HERE WHERE THE RE REZONING SIGN IS, UM, IT'S I WOULD GUESS MAYBE TWO FEET. I HAD TO CLIMB UP AND STICK THE SIGN IN, BUT I DIDN'T REALIZE IT WAS GONNA BECOME SUCH A POINT OF, I GUESS, DECISION MAKING ON, ON, ON, UM, WHY HE NEEDS A C TWO, UM, BECAUSE A C TWO DOESN'T HAVE A MAXIMUM SETBACK. AND WHAT, AS THE APPLICANT EXPLAINED TO ME, UM, HE'S NOT ABLE TO FIT TWO ROWS WITH THAT. THERE YOU GO. THAT STRANGE, UM, HEIGHT ON THE PROPERTY. SO I RECOMMENDED BOARD OF ADJUSTMENT, HOWEVER HE'S COME THIS FAR, HE'S ASKED TO BE RECONSIDERED. OKAY. AND AND IT APPEARS THAT THE, IF IT'S, I WOULD BELIEVE THAT THE PROPERTY LINE ACTUALLY IS AT THAT RETAINING WALL. CORRECT. SO THE 20 FOOT WOULD START BASICALLY AT THE BACKSIDE OF THAT SIDEWALK. MOST LIKELY, IN MOST CASES THE PROPERTY LINE STARTS AT THE INSIDE OF THE SIDEWALK. I, I'M FEELING A LITTLE CONFUSED AND I THINK THE APPLICANT, I, I JUST THINK THERE WASN'T GREAT COMMUNICATION ON THIS. I'D LIKE TO DO SOMETHING, BUT I'M REALLY UNCOMFORTABLE ABOUT JUST REOPENING A CASE. 'CAUSE WE TALKED A LOT ABOUT SETTING PRECEDENT TODAY. SO THAT MEANS ANYBODY WHO GETS A VOTE FROM US CAN COME BACK AT THE END OF THE DAY AND ASK US TO RECONSIDER OUR DECISION. AND I, I DON'T UNDERSTAND HOW IF WE DO IT NOW, WE CAN'T DENY IT TO ANYBODY ELSE WHO COMES BEFORE US AGAIN. AND CERTAINLY I THINK THAT'S A GOOD, AND SO THIS IS GONNA BE MY DISCUSSION POINT. I THINK THAT'S A GOOD POINT. I THINK THERE ARE CONSIDERATIONS REGARDING THE PUBLIC MEETING IN THIS CASE. HOWEVER, YOU KNOW, I THINK ONE ISSUE REGARDING CONTINUANCE IS THERE WOULDN'T NECESSARILY BE NOTICE THAT THIS ITEM OTHER THAN THE SORT OF INTERNET PUBLISHED, THERE WOULDN'T BE A MAILING NOTICE. THERE WOULDN'T BE A SEPARATE NOTICE OUTSIDE OF OUR USUAL WEB NOTIFICATION OF ANY CONTINUANCE THAT OCCURS HERE. UM, ADDITIONALLY, AND THIS IS GONNA BE UP TO EACH INDIVIDUAL, IN MY OPINION, EACH INDIVIDUAL COMMISSIONER, I DON'T KNOW THAT WE WERE GOING TO ASK THAT INDIVIDUAL QUESTIONS THAT WOULD HAVE CHANGED OR ALTERED OUR POSITION. AND SO, YOU KNOW, I THINK I'M GOING TO VOTE IN FAVOR OF RECONSIDERATION, BUT CERTAINLY I UNDERSTAND IF PEOPLE DON'T FEEL THE SAME WAY AND I UNDERSTAND THE CONCERNS REGARDING SORT OF THE PUBLIC NOTICE, THE PUBLIC ASPECTS OF OUR MEETINGS AND, YOU KNOW, ENCOURAGE PEOPLE TO VOTE THEIR CONSCIENCE AS I'M SURE THEY ALWAYS DO. ANY FURTHER DISCUSSION. COMMISSIONER GREATHOUSE? YEAH, SO I, I TEND TO AGREE WITH, WITH WHAT YOU'VE SAID, UH, COMMISSIONER SANTE, I DO COMPLETELY UNDERSTAND COMMISSIONER ROMERO'S CONCERNS. HOWEVER, IN THIS CASE, I THINK THAT THERE WAS A MISUNDERSTANDING. I THINK THAT, YOU KNOW, THE APPLICANT CLEARLY ASKED SOME QUESTIONS, WAS GIVEN AN ANSWER BY STAFF AND THEN IT WAS COMMUNICATED TO HIM THAT THAT WAS NOT THE CASE. AND THAT, THAT'S, THAT'S HOW I SEE IT AND THAT'S HOW I WOULD DISTINGUISH THIS FROM POTENTIALLY OTHER CASES. IT'S NOT TO SAY SOMEONE COULDN'T ASK, BUT I WOULD SAY BECAUSE THE, THE QUESTION WAS ASKED SEVERAL TIMES TO STAFF AND HE RECEIVED AN ANSWER THAT HE WAS COMFORTABLE WITH, THAT THAT'S NOT, THAT, THIS IS NOT HIM COMING BACK AND JUST WANTING US TO RECONSIDER [04:00:01] HE WAS GIVEN AN ANSWER THAT WAS CONFUSING OR MISLEADING BECAUSE I I I FELT THE SAME WAY. I I I I WOULD NOT, I I THOUGHT THAT YOU WERE GONNA BE ABLE TO DEVELOP YOUR PROPERTY THE WAY THAT YOU WANTED TO AND THAT YOU ASKED THE QUESTION SEVERAL TIMES. SO THAT'S, THAT'S MY TAKE ON IT. Y YEAH, THE DECIDING FACTOR TO ME HERE IS THAT IF I'M CORRECT, THERE WAS ONLY ONE PERSON HERE THAT SPOKE ON THIS AND SHE WAS NOT, I I DON'T EVEN KNOW THAT SHE WAS OPPOSED TO IT AT ALL. UM, I THINK SHE JUST, SHE, SHE SPOKE ON IT AND WASN'T REALLY SURE WHAT SHOULD HAPPEN. AND SO BECAUSE OF THAT AND BECAUSE I'M IN FAVOR OF, UM, THE PROJECT, I, I, I THINK, I THINK WE SHOULD RECONSIDER. ALRIGHT. ANY FURTHER DISCUSSION? COMMISSIONERS ON MY LEFT. COMMISSIONER ON MY LEFT? YES, OF COURSE. LET'S SAY ONE MORE THING. IT IS NOT UNUSUAL FOR THIS TO HAPPEN. THERE ARE A LOT OF CASES, THERE IS A LOT OF INFORMATION AND THIS IS NOT LIKE, OH MY GOSH, I'VE NEVER SEEN ANYTHING LIKE THIS. IT HAPPENS ALL THE TIME. SO I JUST HOPE PEOPLE ARE PREPARED FOR ANYBODY ELSE WHO COMES AND ASKS THIS QUESTION. THE ANSWER'S GOTTA BE YES FROM NOW ON. AND THE OTHER THING IS I DON'T REALLY SEE HOW IT UM, DISADVANTAGES THE APPLICANT ALL THAT MUCH. 'CAUSE THAT'S ANOTHER THING I'M THINKING ABOUT. MAYBE WE HAD BAD INFORMATION. I THINK THAT WOULD ANYTHING GO IN HIS FAVOR WHEN HE GOES TO CITY COUNCIL? IT COULD CERTAINLY BE EXPLAINED AT COUNCIL WHAT, WHAT THE CONFUSION WAS AND WHY WE VOTED THE WAY WE DID. SO ANOTHER REASON I'M JUST THINKING IS, YOU KNOW, IT'S, I I DON'T SEE IT AS A HUGE DISADVANTAGE. SO JUST TO CLARIFY, SO COUNSEL CAN'T CONSIDER THE C TWO CD BECAUSE AT THE PUBLIC HEARING THAT HAPPENED TODAY, HE AMENDED IT TO C ONE CD SO IT CAN'T GO TO COUNSEL AS C TWO CD. IF HE WANTS TO PURSUE THE C TWO CD AS OPPOSED TO THE BOARD OF ADJUSTMENT ROUTE, IT'S GONNA HAVE TO BE RE NOTIFIED AND YOU'RE GONNA HEAR IT AGAIN. SO HE HAS TO START ALL OVER. ALRIGHT. UM, SO, UH, OF COURSE COMMISSIONER GREENHOUSES OF COURSE, SO, BUT HIS OTHER OPTION WOULD BE TO GO TO THE BOARD OF ADJUSTMENT. IT IS ANOTHER OPTION. IT'S, IT'S A RISK, BUT IT IS ANOTHER OPTION TO, UM, ALLOW A BIGGER SETBACK THAN THE 20 FOOT MAX. OKAY, BUT THERE, THERE IS A, A PATH FORWARD POTENTIALLY YES, BUT UP TO A CERTAIN AMOUNT. SO IF HE'S SAYING HE NEEDS 50 FEET, HE BOARD OF ADJUSTMENT CANNOT GRANT A 50 FOOT SETBACK BECAUSE THAT IS MORE THAN A HUNDRED PERCENT OF THE SETBACK THAT IS REQUIRED. HE COULD ONLY GO UP TO 39 FEET. ALRIGHT, THANK YOU. UM, OF COURSE COMMISSIONER ARM, THAT'S NOT FAIR THEN I UNDERSTAND THAT'S THE WAY IT IS, BUT THAT'S NOT FAIR. SO THEN I WILL VOTE FOR RECONSIDERATION 'CAUSE THEN THAT REALLY PUTS HIM IN A HORRIBLE POSITION. OKAY. UM, THANK YOU. UM, I DO WANNA SAY THAT I THINK WE DO AND WILL IN THE FUTURE HOPEFULLY TAKE EACH OF THESE ON THEIR OWN MERIT. I DON'T THINK THAT WE ARE, WE ARE GOING TO BE BOUND BY ANY STRETCH TO AUTOMATICALLY GRANT A RECONSIDERATION. SHOULD SOMEONE COME BACK AND THAT'S WHY WE HAVE THIS MOTION. THERE IS A MOTION. THERE IS A SECOND ROLL CALL VOTE. COMMISSIONER TOSEN? YES. COMMISSIONER HUEY? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER ROMERO? YES. COMMISSIONER BUSTAMONTE. AYE. MOTION PASSES. ALRIGHT, VERY WELL. NOW, UM, I THINK WE'VE ALREADY COVERED THIS, BUT TO THE APPLICANT YOU ARE ASKING TO DROP YOUR PREVIOUS AMENDMENT AND GO BACK TO C TWO CD WITH THE AUTO RENTAL? CORRECT. ALRIGHT. IS THERE A MOTION ON THE FLOOR? SO, UM, I'M GONNA MAKE A MOTION TO APPROVE, UH, THE APPLICANT'S ORIGINAL REQUEST, UM, UH, FC TWO. AND UM, I JUST WANT TO ADD THE COMMENT THAT, UH, THE LADY WHO CAME IN, SHE DID NOT SEE ANY ISSUES WITH IT. SHE DID WANNA SEE HIS DREAM KIND OF MOVE ON AND I'M IN FAVOR OF THAT, SO THANK YOU. ALRIGHT, SO, UM, I BELIEVE THAT THAT IS A MOTION SECOND TO RECOMMEND APPROVAL OF ITEM NUMBER 20. JUST TO CLARIFY, C TWO CD. YES. UH, WITH THE CONDITIONAL USE OF AUTO RENTAL. THERE IS A SECOND. ANY DISCUSSION ON FROM COMMISSIONERS? ON MY LEFT, SEEING NONE COMMISSION ON MY RIGHT. WHO IS THE SECOND OF COURSE? UH, SECOND WAS COMMISSIONER WHITE. YES. COMMISSIONER O'. SO, BUT THE STAFF RECOMMENDATION OF DENIAL STANCE, THAT'S CORRECT'S CONTINUE AT PLANNING COMMISSION LAST, UM, LAST ON THE 25TH. [04:05:01] AND IT DOESN'T FEED YOU DOES NOT TECHNICALLY FIT IN WITH THE LAND USE CATEGORY, THE CURRENT LAND USE CATEGORY. SO THAT'S WHY IT'S, WE CAN'T GO AGAINST WHAT THE, THE PLAN IS. WE HAVE ZONING CANNOT CONFLICT WITH THE LAND USE OVERARCHING PLAN. OKAY. CAN YOU TELL US WHY IT WAS CONTINUED OF PLANNING COMMISSION? WAS THEIR OPPOSITION OR IS THAT WHAT YOU SAID? IT WAS CONTINUED AT PLANNING COMMISS. IT WAS CONTINUED. I THINK THIS IS ONE OF THOSE CASES THAT DUE TO A LACK OF A MOTION, IT AUTOMATICALLY COMES BACK FOR THE TWO WEEKS. THAT'S WHY PLANNING COMMISSION IS NOT GONNA CONSIDER IT UNTIL OCTOBER 9TH. OKAY. CAN YOU FILL US IN ON ANY, LIKE WHY THAT HAPPENED? WHAT HAPPENED? SO HE, THEY JUST COULDN'T GET A MOTION. MAJORITY, THEY COULDN'T GET TO FIVE IN, IN SUPPORT OF THE, UH, REQUEST. SO THEY'RE HEARING IT AGAIN AND CORRECT. ALL RIGHT. I, I'M GONNA VOTE AGAINST THIS BECAUSE I, I'M JUST STILL FEELING UNSETTLED BY IT AND I'M REALLY SORRY THAT THIS HAPPENED, BUT I DON'T KNOW, MAYBE I WOULD THINK MAYBE A CONTINUANCE IS AN ORDER, BUT, UH, I'M GONNA VOTE NO ON THE MOTION. ALRIGHT. UH, ANY FURTHER DISCUSSION? COMMISSIONER SIPES, I ALSO AGREE WITH, UH, DOING A CONTINUANCE EVEN THOUGH THAT, UM, THE ONE NEIGHBOR DID NOT, NOT EXPRESS FOR OR AGAINST. UM, JUST SO THAT WE CAN PERHAPS HEAR AFTER WHAT PLANNING HAS DECIDED AND HEAR EVERYTHING ELSE. BUT I UNDERSTAND THE HARDSHIP, UM, BECAUSE WHEN I FIRST LOOKED AT THIS AND WHAT I HEARD WAS, YOU KNOW, TWO ROWS OF PARKING AND SO I WASN'T THINKING 20 FOOT MAX. YOU CAN'T PUT TWO ROWS OF PARKING. UM, BUT I WOULD BE IN FAVOR OF A CONTINUANCE INSTEAD. ANY FURTHER DISCUSSION? COMMISSIONER ON MY LEFT? HEARING NONE, THERE IS A MOTION AND A SECOND ROLL CALL. VOTE. COMMISSIONER TOSEN? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH. I'M, I'M A LITTLE CONFUSED ON THE MOTION. EITHER THE MOTION TO APPROVE DENIAL OR APPROVAL. WELL THIS IS A MOTION TO APPROVE UM, C TWO WITH CONDITIONAL USE FOR AUTO RENTAL. THE ORIGINAL REQUEST FROM THE APPLICANT FOR ITEM 20. UH, YES I WOULD. YES. COMMISSIONER GREATHOUSE? NO. COMMISSIONER SIPES? NO. COMMISSIONER ROMERO? NO. COMMISSIONER HUI? NO. AND COMMISSIONER BUSMAN AYE. MOTION FAILS. ALRIGHT, IS THERE A MOTION FOR RECONSIDERATION OF THIS MOST RECENT MOTION TO RECONSIDER? MOTION? IS THERE A SECOND? SECOND. ALRIGHT THERE A QUESTION BEFORE WE DO THE ROLL. OF COURSE. IF THERE WAS, IF WE DON'T APPROVE A MOTION TO RECONSIDER, DOES THIS AUTOMATICALLY COME BACK FOR A CONTINUANCE? YES IT DOES. 'CAUSE THIS IS THE FIRST HEARING. OH, OKAY. SO THERE IS A MOTION FOR RECONSIDERATION OF THE LAST VOTE. THERE IS NO ONE WILL EVER WANT ME TO CHAIR THIS MEETING AGAIN. CHEAP. IT WILL COME BACK IN TWO WEEKS IF THERE IS NO MOTION TO RECONSIDER. OR ANOTHER MOTION. SO IF THERE IS NO MOTION OR IF THE MOTION FAILS OR IF THE MOTION FAILS, IF THERE'S NO MOTION TO RECONSIDER OR THE MOTION FAILS, IT AUTOMATICALLY COMES BACK IN TWO WEEKS. 'CAUSE THIS IS TECHNICALLY THE FIRST SO DOESN'T MATTER. HEARING DATE OF THE MEETING. ALRIGHT, SO THERE IS A MOTION FOR RECONSIDERATION. IF IT FAILS, THEY COME BACK IN TWO WEEKS. ALRIGHT, THAT BEING SAID, THERE IS A MOTION FOR RECONSIDERATION AND SECOND ROLL CALL VOTE SECOND ON THIS ONE WAS COMMISSIONER GREATHOUSE OR WE CAN JUST SAY NO TO THIS MOTION? YEAH, I'M NOT TRYING TO ENCOURAGE ANYONE CERTAIN WAYS TO VOTE, BUT MAYBE VOTE NO. UM, ROLL CALL VOTE. COMMISSIONER WHITE? NO. COMMISSIONER GREATHOUSE? NO. COMMISSIONER KAMATH VOTE. COMMISSIONER SIPES? NO. COMMISSIONER ROMERO? NO. COMMISSIONER HUI? NO. COMMISSIONER TOLSON? NO. AND COMMISSIONER BUSANTE? NO. MOTION FAILS. ALRIGHT. UM, SO WE'LL SEE YOU AGAIN IN TWO WEEKS. UM, AND HOPEFULLY [04:10:01] THIS WILL BE A CLEANER PROCESS FOR YOU SIR. AND I APOLOGIZE FOR THE CONFUSION AND THE DELAY. UM, ALRIGHT. WE HAVE TWO MORE ITEMS ON OUR AGENDA. THE FIRST ITEM IS CONSIDERATION OF WHETHER OR NOT WE HAVE THE JUNE, JANUARY 7TH, 2020 MEETING. UM, OPEN FLOOR ON THOUGHTS. YEAH. YES. JUST TYPICALLY JUST TO LET, UM, UH, NEW COMMISSIONERS KNOW IS THAT UH, THERE IS TYPICALLY A WINTER SCHEDULE WHERE THE CITY IS CLOSED UP UNTIL THE DAY AFTER NEW YEAR'S DAY, WHICH MEANS THAT WE DON'T HAVE STAFF HERE FOR, UH, PREPARATION OF AN AGENDA. AND SO WE TYPICALLY CANCEL THE FIRST MEETING IN JANUARY. ALRIGHT. UM, DO WE NEED A ROLL CALL VOTE ON THIS OR CAN WE DO IT? VOICE VOTE IS FINE. VOICE VOTE IS FINE. ALRIGHT. IS THERE A MOTION ON ITEM NUMBER 31? THE CONSIDERATION OF CANCELLATION OF THE JANUARY 7TH, 2020 MEETING? I WILL MOVE THAT WE CONSIDER CANCELING THE JANUARY 20, JANUARY 7TH, 2020 MEETING. UH, TO ACTUALLY CANCEL IT FOR THE AMENDMENT. YES. TO CANCEL IT. SORRY. THERE IS A MOTION. IS THERE A SECOND? SECOND. ALRIGHT, THERE IS A MOTION AND A SECOND VOICE VOTE. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED. SAME SIGN HEARING, NO OPPOSITION. MOTION CARRIES. JANUARY 7TH IS CANCELED. UH, CONSIDERATION AND APPROVAL OF MINUTES. UM, I DID SEE ONE CORRECTION ON PAGE 11. THERE IS MENTION OF AFTER FURTHER DISCUSSION THEY POSITION OF PROTON, UH, THAT SHOULD BE THE, NOT THEY ON PAGE 11. UH, ANY FURTHER, UH, CORRECTIONS TO THE SEPTEMBER 17TH MEETING MINUTES. HEARING NONE, UH, THE MINUTES ARE APPROVED AS CORRECTED AND WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.