Oct 15, 2019 Zoning Commission on 2019-10-15 1:00 PM

UM, BEFORE WE, UH, START TODAY'S, UH, MEETING, UM, WE WOULD LIKE TO TAKE A MOMENT OF SILENCE IN, UM, HONOR AND MEMORY OF A SAN ANTONIO FIREFIGHTER GREG GARZA, WHO LOST HIS LIFE THIS MORNING.

SO IF YOU WOULD PLEASE, LET'S BOW FOR A MOMENT.

EVERYONE.

PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE OF THE UNITED STATES OF AMERICA PUBLIC.

WHAT IT STANDS, ONE NATION NATION.

PRIOR TO COMMENCING OUR MEETING, I WOULD LIKE STAFF TO PLEASE REVIEW OUR MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE.

SO BEFORE I BEGIN, PLEASE MAKE SURE TO TURN YOUR PHONES ON VIBRATE OR TURN THEM OFF.

THE ZONING COMMISSION IS AN 11 MEMBER BODY APPOINTED BY THE CITY COUNCIL TO MAKE RECOMMENDATIONS ON ZONING CASES UPON RECEIVING A RECOMMENDATION FROM THE COMMISSION, YOU HAVE SIX MONTHS FROM THE DATE OF THE COMMISSION'S RECOMMENDATION TO FORWARD YOUR CASE TO CITY COUNCIL.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PROCEDURE, PLEASE CONTACT YOUR CASE MANAGER.

STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.

PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR REZONING AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.

PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.

FOLLOWING THIS PRESENTATION IN ANY QUESTIONS BY THE COMMISSION, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED REZONING.

YOU'LL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK.

THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF TWO MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.

YOU WILL HEAR THIS WHEN THERE ARE 30 SECONDS LEFT, YOU WILL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR TWO MINUTES ARE UP.

FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF SIX MINUTES.

THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.

THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A TWO MINUTE TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS.

THANK YOU, MADAM CHAIR.

UM, COULD YOU PLEASE, UH, GO OVER UM, THE CASES THAT HAVE BEEN, UH, POSTPONED, WITHDRAWN, OR PULLED, PLEASE? YES, MA'AM.

ITEM NUMBER ONE, NUMBER TWO AND NUMBER THREE HAVE BEEN WITHDRAWN OR POSTPONED.

WITHDRAWN MEANS THAT THE APPLICATION HAS GONE AWAY AND IN ORDER TO MAKE A REQUEST, THEY WOULD HAVE TO START THE PROCESS ALL OVER AGAIN.

THIS IS LOCATED AT EIGHT 15 BRIGHTON AVENUE.

THE ITEMS NUMBER TWO AND THREE ARE POSTPONED.

THIS MEANS THAT THEY WILL BE RENO, UH, ONCE THE APPLICANT IS READY TO MOVE FORWARD.

AND THIS IS ITEM TWO, UH, ITEM TWO IS AT 4 34 EAST MAGNOLIA AND ITEM THREE IS AT FOUR 30 EAST MAGNOLIA.

SO THESE WILL NOT BE HEARD AT ALL TODAY.

COMBINED HEARING ITEMS TODAY BEGIN WITH ITEM NUMBER 11.

UM, LET'S, UH, PROCEED WITH THE COMBINED HEARING.

UM, ONE, PLEASE.

[00:05:07]

ALRIGHT, OUR

[Items 11, 12, 13, 15, 17, 18, 21, 24 & 26 - 29]

A REQUEST TO REZONE FROM C ONE HL AND R FOUR HL TO I D Z TWO FOR 12 UNITS WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT 26 0 7 WEST HOUSTON STREET, THERE WERE 27 NOTICES MAILED NONE RECEIVED IN FAVOR, NONE IN OPPOSITION AND PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.

ITEM NUMBER 12 IS A REQUEST TO REZONE FROM R SIX TO R TWO WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT EIGHT 12 FRANK AVENUE, THERE WERE 14 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION.

ITEM NUMBER 13 IS A REQUEST TO REZONE FROM I ONE TO I TWO S WITH SPECIFIC USE AUTHORIZATION FOR A METAL RECYCLING ENTITY WITH OUTSIDE STORAGE AND OR PROCESSING TO BE LOCATED AT.

THIS IS WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT 1341 SOUTH FOSTER ROAD AND 57 65 US HIGHWAY 87 EAST.

THERE WERE 20 NOTICES MAILED, NONE RECEIVED IN FAVOR, TWO RECEIVED OPPOSED.

AND LAKESIDE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.

ITEM NUMBER 15 AS A REQUEST TO REZONE FROM R SIX A H O D TO C TWO A H O D AT 39 66 STALL ROAD.

THERE WERE 35 NOTICES MAILED, NONE RECEIVED IN FAVOR, ONE RECEIVED IN OPPOSITION AND NO NEIGHBORHOOD ASSOCIATION.

ITEM NUMBER 17 IS A REQUEST TO REZONE FROM R SIX TO R SIX C D WITH A CONDITIONAL USE FOR TWO RESIDENTIAL UNITS.

ALL OVERLAYS REMAINING THE SAME.

LOCATED AT ONE 13 PARAMOUNT AVENUE.

THERE WERE 44 NOTICES MAILED NONE IN FAVOR, NONE IN OPPOSITION.

MEMORIAL HEIGHTS NEIGHBORHOOD AS ASSOCIATION IS IN SUPPORT.

ITEM NUMBER 21 IS A REQUEST TO REZONE FROM C TWO GC ONE TO C TWO C D GC ONE WITH ALL OVERLAYS REMAINING THE SAME AND A CONDITIONAL USE FOR A THEATER.

INDOOR PERMITTING OVER TWO SCREENS LOCATED AT 24 515 INTERSTATE HIGHWAY 10 WEST.

THERE WERE 27 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND THERE'S NO NEIGHBORHOOD ASSOCIATION.

ITEM NUMBER 24 IS A REQUEST TO REZONE FROM R FOUR A H O D TO R FOUR C D A H O D WITH A CONDITIONAL USE FOR A PROFESSIONAL OFFICE TO BE LOCATED AT BOTH 1506 CAMERON STREET AND 1510 CAMERON STREET.

THERE WERE 19 NOTICES MAILED TO RECEIVED IN FAVOR.

NONE RECEIVED IN OPPOSITION.

NO RESPONSE FROM PI FIVE POINTS NEIGHBORHOOD ASSOCIATION AND THERE WAS ONE RESIDENT OUTSIDE OF THE NOTIFICATION AREA IN SUPPORT.

ITEM NUMBER 26 IS A REQUEST TO REZONE FROM NP 10 TO R FOUR ON 36.96 ACRES AND MF 33 ON 42.98 ACRES WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT 56 45 SINCLAIR ROAD.

THERE WERE 92 NOTICES MAILED.

ONE RECEIVED IN FAVOR, ONE IN OPPOSITION AND NO RESPONSE FROM LAKESIDE NEIGHBORHOOD ASSOCIATION.

THERE IS ONE NOTICE RECEIVED OUTSIDE, UH, THAT WAS IN OPPOSITION.

ITEM NUMBER 27 IS A REQUEST TO REZONE FROM PUD MF 25 GC ONE AND PUD MF 25 TO MF 33, GC ONE AND MF WITH ALL OVERLAYS REMAINING THE SAME.

GENERALLY LOCATED SOUTHWEST OF THE INTERSECTION OF AU ROAD AND I 10 WEST ACCESS ROAD.

THERE WERE SEVEN NOTICES MAILED.

NONE RECEIVED IN FAVOR, NONE IN OPPOSITION.

THERE'S NO NEIGHBORHOOD ASSOCIATION.

HOWEVER, A LETTER OF SUPPORT WAS RECEIVED FROM THE DOMINION HOMEOWNERS ASSOCIATION.

ITEM NUMBER 28 IS A REQUEST TO REZONE FROM RMM FOUR A H O D TO I D Z ONE A H O D WITH USES PERMITTED FOR THREE RESIDENTIAL UNITS LOCATED AT 2 0 3 DENVER BOULEVARD.

THERE WERE 29 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.

ITEM NUMBER 29 IS A REQUEST TO REZONE FROM MF 33 MC ONE A H O D TO MF 33 MC ONE H L A H O D, LOCATED AT TWO 15 LOWELL STREET.

THERE WERE 29 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM ROOSEVELT

[00:10:01]

PARK NEIGHBORHOOD ASSOCIATION.

MADAME CHAIR, THAT CONCLUDES THE COMBINED HEARING.

AND WE DO HAVE SOME CITIZENS SIGNED UP TO SPEAK IN FAVOR.

I'M SORRY, DID WE, DID WE READ NUMBER 18? ITEM NUMBER 18? IT'S A REQUEST TO REZONE FROM I ONE AND C THREE CD WITH A CONDITIONAL USE FOR A FOOD BANK DISTRIBUTION CENTER TO C THREE SS WITH A SPECIFIC USE AUTHORIZATION FOR A HUMAN SERVICES CAMPUS WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT 47 0 1 DIETRICH ROAD, THERE WERE 22 NOTICES MAILED.

ONE RECEIVED IN FAVOR, NONE IN OPPOSITION, NO NEIGHBORHOOD ASSOCIATION.

NINE NOTICES RECEIVED OUTSIDE THE NOTIFICATION AREA IN SUPPORT AND 10 NOTICES RECEIVED FROM NONPROFIT ORGANIZATIONS IN SUPPORT.

ARE THERE CITIZENS, UH, SIGNED UP TO SPEAK? DEVIN WILLIAMS, FOLLOWED BY TOMMY WILLIAMS. PAUL VANCE, FOLLOWED BY KEVIN DOWNEY.

PAUL VANCE.

KEVIN DOWNEY? NO, UH, PATRICK CHRISTENSEN HERE ON, ON THIS CASE.

WE HAVE A LOT OF PEOPLE HERE IN SUPPORT WHERE WE THOUGHT THERE MIGHT BE SOME OPPOSITION, BUT IT'S CERTAINLY UP TO THEM WHETHER THEY WANNA SPEAK OR NOT.

BUT IF THE CASE IS GONNA BE APPROVED, IF, IF YOU DON'T WANT TO SPEAK, WE APPRECIATE YOU COMING OF COURSE.

BUT I CAN GO AHEAD AND CALL THE NAMES, MA'AM.

IF ANYONE WANTS TO APPROACH, THEY CAN .

UM, I GUESS YOU CAN DO A FAST, UH, ROLL CALL THAT'LL GIVE THEIR RECOGNITION OF THEIR TIME.

AND THEN IF YOU WANNA SPEAK, POP YOUR POP UP REALLY FAST SO WE KNOW THAT YOU'RE GOING TO SPEAK.

BUT IF NOT, LET'S RECOGNIZE IF WANNA SPEAK.

JUST START HEAD.

AND IF YOU ARE INTERESTED IN SPEAKING, WHY DON'T YOU START COMING TOWARDS THE PODIUM NOW, SO THAT WAY YOU'LL BE CLOSE BY IF YOU'RE, THAT'S WHAT YOU'D LIKE TO DO.

BETTY VANCE, GAVIN ROGERS.

, MOLLY, BIG FRIENDS, UH, JOHN MARKEY.

KATHY LACEY, STEVIE MARKEY.

YOU, YOU DON'T HAVE TO SAY HERE.

WE'RE JUST TRYING TO SEE.

WE'RE, IF YOU WANNA SPEAK, THEN YOU'LL JUST SAY, YES, I WANT TO SPEAK OR STAND.

IF YOU WANNA SPEAK, STAND THAT WAY.

IT HELPS US TO GAUGE HOW MANY DEE SANCHEZ, DENNIS EDMONDS, DID YOU WANNA SPEAK MR. EDMONDS? PLEASE COME ON UP.

YES, SIR.

, IF YOU DON'T MIND, I HAVE SOME HANDOUTS.

ONLY TWO PAGES, BUT IT MAY BE HELPFUL.

UM, MY NAME IS DENNIS EDMONDS.

I, UH, AM A BOARD MEMBER OF THE NAMI SAN ANTONIO ORGANIZATION.

NAMI IS THE NATIONAL ALLIANCE FOR MENTAL ILLNESS IS THE LARGEST GRASSROOTS ORGANIZATION IN THE UNITED STATES.

DEVOTED TO EDUCATING AND SUPPORTING PEOPLE LIVING WITH MENTAL ILLNESSES AND THEIR FAMILIES.

WE KNOW THAT STABLE HOUSING SUPPORTS EFFECTIVE MENTAL HEALTH TREATMENT AND RECOVERY.

IN FACT, IT'S FOUNDATIONAL TO USE A TERM FROM THE REAL ESTATE INDUSTRY.

UH, IF YOU LOOK AT THE LITTLE, UH, CHART ON THE BACK, THERE'S A CONCEPT CALLED HOUSING FIRST.

UH, IF YOU WANNA BREAK THE HOUSING, UH, THE HOMELESS CYCLE, YOU GOTTA START SOMEWHERE.

UH, IT'S EASY TO SAY, WELL, YOU DON'T HAVE A PLACE TO LIVE, SO JUST GO GET A JOB.

BUT IF YOU HAVE A SERIOUS MENTAL ILLNESS OR YOU HAVE A SERIOUS PHYSICAL ILLNESS, YOU CAN'T WORK.

SO YOU SAY, WELL, GO GET SOME TREATMENT.

BUT IF YOU'RE LIVING ON THE STREET AND YOU HAVE DIABETES, YOU CAN'T COOK GOOD FOOD.

SO YOU'RE, YOU'RE NOT EATING PROPERLY.

OR IF YOU HAVE A MENTAL ILLNESS, YOU CAN'T SLEEP APPROPRIATELY BECAUSE YOU'RE NOT SAFE.

SO IT TAKES YOU BACK TO THE FIRST PLACE.

HOUSING FIRST.

IF YOU HAVE THE HOUSING, THEN YOU CAN GET APPROPRIATE TREATMENT AND THEN EVENTUALLY SOME OF THOSE FOLKS CAN GET EMPLOYMENT.

THE POINT IS, UH, THERE'S NOT ENOUGH AFFORDABLE HOUSING.

[00:15:01]

THERE'S MASSIVE DEMAND.

UH, HOMELESS SHELTERS AND TRANSITIONAL HOUSING ARE BACKING UP BECAUSE WE DON'T HAVE ENOUGH.

WE'RE STRONGLY IN FAVOR OF THIS ORGAN, OF THIS PROPOSAL.

UH, IT'S NOT ENOUGH.

IT'S A START, AND WE NEED TO START SOMEWHERE.

AND THIS IS GREAT.

SO THANK YOU.

THANK YOU BRENDA MASCARO.

AND, AND IF YOU DO WANNA SPEAK, PLEASE START HEADING UP TO THE PODIUM SO WE CAN KIND OF GET GOING MOSCA AS QUICKLY AS POSSIBLE.

MS. MOSCARO, YOU WERE, UH, GRANTED AN ADDITIONAL TWO MINUTES.

DO YOU WANT FOUR MINUTES TOTAL? YES.

SO MY NAME IS BRENDA MASCARO.

I'M THE EXECUTIVE DIRECTOR OF THE SOUTH ALAMO REGIONAL ALLIANCE FOR THE HOMELESS.

UM, AND, UM, OUR, OUR GOAL IS FOR HOMELESSNESS TO BE RARE BRIEF IN A NON-REOCCURRING EVENT HERE IN SAN ANTONIO AND BEXAR COUNTY.

UM, WE BELIEVE THAT THIS PROJECT IS GONNA BRING SO MANY BENEFITS.

UM, THE, THE FACT THAT WE DON'T HAVE MUCH STOCK FOR PERMANENT SUPPORT, SUPPORTIVE HOUSING, AND THE FACT THAT THIS, UH, PROJECT WILL HOPEFULLY GIVE MORE PERMANENT SUPPORTIVE HOUSING TO INDIVIDUALS IS A HUGE PLUS FOR, FOR THE COMMUNITY.

UM, AND JUST FOR YOUR INFORMATION, UM, AS OF TODAY, THERE ARE 386, UM, FAM, UH, INDIVIDUALS AND 10 FAMILIES EXPERIENCING CHRONIC HOMELESSNESS IN OUR COMMUNITY.

UM, AND IN OUR WAIT LIST, UM, THIS WILL HOPEFULLY HELP US HOUSE, UM, SOME OF THESE VERY VULNERABLE, UM, CLIENTS.

AND, UM, AND WE ARE, WE'RE VERY EXCITED ABOUT THE, THE PROJECT.

UM, IN 2018, PERMANENT SER PERMANENT SUPPORTIVE HOUSING PROVIDERS IN SAN ANTONIO HAD AN AVERAGE INVENTORY UTILIZATION OF 93% AND AVERAGED, UM, AND, AND AN AVERAGE HOUSING SUSTAINMENT OF 98%.

WHAT THAT MEANS IS THAT FOLKS THAT ARE BEING HOUSED IN THESE TYPE OF HOUSING ARE STAYING HOUSED AND ARE NO LONGER ON THE STREETS.

UM, WE HAVE WITNESSED AN AMAZING RAPPORT FROM THIS ORGANIZATION AND WE SUPPORT THIS PROJECT FULLY.

THESAL KING, MR. KING, YOU WERE ALSO YIELDED.

TWO ADDITIONAL MINUTES.

YOU HAVE FOUR MINUTES.

GOOD AFTERNOON EVERYONE.

UH, MY NAME IS CECIL KING.

I'M, UM, UM, SUPPORTIVE HOUSING PROGRAM DIRECTOR FOR THE CENTER FOR HEALTHCARE SERVICES.

I'VE BEEN IN THIS BUSINESS FOR ABOUT 25 YEARS NOW, SERVING THOSE INDIVIDUALS IN OUR COMMUNITY THAT HAS MENTAL HEALTH AND TRYING TO LIVE INDEPENDENTLY IN THE COMMUNITY.

WHAT WE DO IS WE WORK WITH THOSE INDIVIDUALS TO FIND HOUSING THAT WOULD MEET THEIR NEEDS AND PROVIDE WRAPAROUND SERVICE FOR THEM TO KEEP THAT HOUSING.

IN DOING SO, WE AVERAGE AN ANNUAL SUCCESS RATE OF 89% ANNUALLY OF PEOPLE SUSTAINING THEIR HOUSING WITH THAT SERVICE.

WE ARE IN FULL SUPPORT OF, UM, H F C C WITH THIS PERMANENT SUPPORTED HOUSING MODEL.

WHAT THIS IS GONNA DO FOR US IS GOING TO GIVE US ANOTHER LAYER OF PROVIDING SERVICES.

AS YOU KNOW, THE PEOPLE THAT STRUGGLE WITH MENTAL ILLNESS, THEY'RE THE MOST DIFFICULT FOLKS TO SERVE IN OUR COMMUNITY.

THEY COME WITH A LOT OF CHALLENGES, MENTAL HEALTH, MEDICAL ISSUES, ADDICTION ISSUES, CRIMINAL JUSTICE ISSUES, FINANCIAL ISSUES, RENTAL ISSUES, NOBODY WANTS THEM IN, IN, IN THEIR APARTMENT.

THIS WILL PROVIDE THEM THAT, UM, OPPORTUNITY TO GET A SAFE AND SAFE, UM, SECURE PLACE TO LIVE SO THAT THEY CAN WORK ON THEIR TREATMENT AND BECOME A MODEL CI CITIZEN IN THE COMMUNITY.

SO WE ARE FULLY IN SUPPORT OF THIS PROJECT.

THANK YOU FOR YOUR TIME.

GOOD AFTERNOON COMMISSIONERS.

ALLISON GREER.

I'M ALLISON GREER.

LIKE CECIL KING.

I WORK FOR THE CENTER FOR HEALTHCARE SERVICES.

AND I JUST WANTED TO SAY THAT WHILE WE ARE THE MENTAL HEALTH AUTHORITY FOR BEXAR COUNTY, WE'RE ALSO THE LARGEST PROVIDER OF MEDICAL SERVICES ON THE HAVEN FOR HOPE CAMPUS.

AND SO WHILE YOU SEE PEOPLE WALKING ACROSS THE STREET FROM THE CAMPUS, THEY ARE COMING TO GET MENTAL HEALTH AND SUBSTANCE USE TREATMENT FROM US.

AND SO OUR GOAL IS TO MAKE THEM WHOLE AND HEALTHY.

AND ONE OF THE OTHER WAYS THAT WE CAN ACCOMPLISH THAT IS BY GIVING THEM HOUSING.

SO I URGE YOU TO SUPPORT THIS.

UM, YOU HEARD A LOT OF OTHER PEOPLE SAY, THERE'S NOT ENOUGH IN IN SAN ANTONIO, AND THIS IS THE OPPORTUNITY FOR US TO PROVIDE MORE HOUSING.

SO I ASK YOU TO SUPPORT AND THANK YOU FOR YOUR TIME.

SISTER GABRIELA LOHAN SISTER JOE MURRAY, MARK WILKEY, I THINK OR WITTY.

JANE ANN SLATTERY, CHANCERY, ANNA ORTIZ, BLAINE RILEY,

[00:20:02]

DAVID LODGE.

ALICE SALINAS.

HELLO, GOOD AFTERNOON.

MY NAME IS ALICE SALINAS AND I'M A LOAN UNDERWRITER WITH THE LOCAL INITIATIVE SUPPORT CORPORATION.

UH, LISC.

WE'RE THE LARGEST NONPROFIT BANK IN THE COUNTRY.

WE HAVE INVESTED BILLIONS OF DOLLARS IN LOW INCOME COMMUNITIES.

UH, WE HAVE A CONTRACT WITH THE CITY OF SAN ANTONIO TO PROVIDE TECHNICAL ASSISTANCE ON AFFORDABLE HOUSING.

UH, WE ARE THE TA PROVIDER ON THIS PROJECT.

WE ASK FOR YOUR FULL SUPPORT, AND WE THANK YOU FOR YOUR FULL SUPPORT.

WE JUST WANT YOU TO KNOW THAT THERE IS A, UH, TECHNICAL TEAM THAT'S ASSISTING WITH THE STRUCTURING OF THE PROJECT AND THE DEVELOPMENT OF THE PROJECT.

AND WE'RE ALSO COMMITTING UP TO $5 MILLION IN CONSTRUCTION AND BRIDGE LOAN FINANCING ON THE PROJECT.

I WANNA ALSO JUST EMPHASIZE THAT THIS IS NOT TEMPORARY HOUSING.

THIS IS PERMANENT HOUSING.

UM, EVERYONE WILL HAVE A LEASE THAT HAS, RIGHT? THE TENANTS WILL HAVE RIGHTS AND, UH, THEY DON'T HAVE TO LEAVE.

SO THIS IS A MODEL THAT WE'VE INVESTED IN ALL OVER THE COUNTRY.

WE KNOW HOW TO FINANCE IT, WE KNOW HOW TO BUILD IT.

WE KNOW HOW TO MANAGE IT.

AND, UM, WE'RE GONNA DO EVERYTHING THAT WE POSSIBLY CAN TO MAKE THIS PROJECT A SUCCESS.

MARIA GREEN AND MARIA RAMOS, I THINK, OR RIVERA.

THAT'S ALL THAT SIGNED IN TO SPEAK, MA'AM.

THAT WAS 25 INDIVIDUALS IN SUPPORT.

SO, UH, FIRST OF ALL, THANK YOU SO MUCH FOR YOU ALL, UM, BEING INVESTED IN YOUR COMMUNITY AND COMING OUT.

AND BEFORE WE OPEN THE FLOOR FOR A MOTION ON OUR CONSENT AGENDA, AGENDA, I BELIEVE A COMMISSIONER TOSEN, I'D LIKE TO HAVE A, A BRIEF WORD.

JUST WANTED TO THANK THE, UH, APPLICANT AND ALL OF, UH, THE, THE CITIZENS THAT SHOWED UP TODAY AND SUPPORT OF THIS, UH, PROJECT.

SOUNDS LIKE AN AMAZING PROJECT.

AND, UM, UH, CHEERS TO YOU.

11, 12, 13, 15, 17, 18, 21, 24, 26, 27, 28, AND 29.

THE FLOOR IS OPEN FOR A MOTION.

ALRIGHT, MADAM CHAIR, I MOVE TO RECOMMEND APPROVAL OF THE FOLLOWING ITEMS ON TODAY'S AGENDA.

I SECOND.

ALRIGHT, THERE IS A MOTION FOR APPROVAL ON THE FLOOR WITH A SECOND ROLL CALL.

VOTE PLEASE.

COMMISSIONER BUSANTE AYE.

COMMISSIONER GREY HOUSE? YES.

IM CHAIR.

ALL RIGHT, WE'LL GIVE JUST A SECOND FOR THE ROOM TO CLEAR.

WHILE THE ROOM IS CLEARING, I'M JUST GOING TO LET YOU KNOW THERE'S BEEN AN ITEM THAT IS OUT OF ORDER THAT'S GONNA GO FIRST ON THE INDIVIDUAL HEARING ITEMS. THIS IS ITEM NUMBER 19.

THAT'S GONNA BE UP NEXT.

WELL, AFTER WE HAVE ONE MORE CONSENT.

UM, MAY WE PLEASE MOVE ON TO THE, UH, CONSENT, UM, UH, AGENDA, THE SECOND

[00:25:01]

CONSENT AGENDA, PLEASE.

AND THERE'S NO NEIGHBORHOOD ASSOCIATION.

WHICH I BELIEVE IS ITEM NUMBER 20

[20. 19-7576 ZONING CASE Z-2019-10700229 (Council District 6): A request for a change in zoning from "R-6 MLOD-2 MLR-2 AHOD" Residential Single-Family Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District to "C-2 MLOD-2 MLR-2 AHOD" Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District on 3.010 acres out of NCB 18285, located at 7200 Culebra Road. Staff recommends Approval. (Michael Pepe, Planner, (210) 207-8208, michael.pepe@sanantonio.gov, Development Services Department)]

FOR RECUSAL.

AND MAY I ALSO, UH, NOTE THAT, UH, COMMISSIONER GREATHOUSE HAS, UM, LEFT, UM, THE ROOM FOR THAT PARTICULAR ITEM.

ITEM NUMBER 20 IS A REQUEST TO REZONE FROM R SIX TO C TWO WITH ALL OVERLAYS REMAINING THE SAME.

LOCATED AT 7,200 COLLIBRA ROAD, THERE WERE 12 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION.

THIS ITEM WAS PULLED FOR A RECUSAL.

UM, THE FLOOR IS OPEN FOR A MOTION.

MADAM CHAIR, I MOVE TO RECOMMEND APPROVAL OF ITEM NUMBER 20 ON TODAY'S AGENDA.

SECOND, WE HAVE A MOTION ON THE FLOOR.

AND A SECOND ROLL CALL VOTE PLEASE.

COMMISSIONER BUS DEANTE AYE.

ALRIGHT, NOW WE'RE READY TO MOVE ON FOR THE INDIVIDUAL HEARING ITEMS AND WE'LL BRING, UH, COMMISSIONER GREATHOUSE, UH, BACK INTO THE CHAMBERS.

NUMBER 19 IS A REQUEST TO REZONE FROM I ONE A H O D TO C THREE A H O D, LOCATED AT 1 1 9 0 2 WARFIELD STREET.

ITEM

[19. 19-7575 ZONING CASE Z-2019-10700228 (Council District 9): A request for a change in zoning from "I-1 AHOD" General Industrial Airport Hazard Overlay District to "C-3 AHOD" General Commercial Airport Hazard Overlay District on Lot 37, Block 1, NCB 13197, located at 11902 Warfield Street. Staff recommends Approval. (Michael Pepe, Planner, (210) 207-8208, michael.pepe@sanantonio.gov, Development Services Department)]

THERE WERE WERE 12 NOTICES MAILED.

ONE RECEIVED IN FAVOR, ONE IN OPPOSITION, AND THERE'S NO NEIGHBORHOOD ASSOCIATION.

THE APPLICANT IS REQUESTING A CONTINUANCE ON THIS ITEM.

MAY WE HAVE THE, UH, APPLICANT PLEASE? GOOD AFTERNOON, MADAM CHAIR COMMISSIONERS.

MY NAME'S ROB KILLEN, 100 WEST HOUSTON STREET HERE ON BEHALF THE APPLICANT.

OUR CLIENT WOULD LIKE TO DOWN ZONE THE PROPERTY FROM INDUSTRIAL TO COMMERCIAL, UH, TO HAVE A LITTLE BAR AND GRILL SELLS PIZZA, CRAFT COCKTAILS.

OF COURSE, THE PRICE OF PIZZA'S PRETTY LOW AND THE PRICE OF COCKTAILS IS PRETTY HIGH, EVEN THOUGH WE'RE PROPERLY ZONED FOR A RESTAURANT, WE'RE REZONING ABUNDANCE OF COST JUST IN CASE WE GET OVER THAT PERCENTAGE, UH, THRESHOLD.

THE REASON WE'RE READY TO MOVE FORWARD TODAY, BUT THE REASON WE'RE ASKING, ASKING FOR A CONTINUANCE IS WE SENT LETTERS TO EVERYBODY WITHIN 200 FEET.

UH, A COUPLE DAYS AGO WE GOT A RESPONSE FROM, UH, ONE OF THE ADJACENT PROPERTY OWNERS.

JUST HAD SOME QUESTIONS ABOUT OUR OF OPERATION AND PARKING.

SO WHAT WE'D LIKE TO DO IS, UH, WE WANNA BRING THIS BACK TO YOU.

HAVING ADDRESSED ALL THOSE QUESTIONS, I WANT YOU TO, UH, VOTE ON IT WHILE THERE'S SOMEONE OUT THERE STILL HAVE SOME QUESTIONS.

SO WE'D LIKE TO COME BACK.

I THINK YOU'RE COMING BACK IN THREE WEEKS AND JUST PRESENT IT AT THAT POINT.

IS THERE ANYONE SIGNED UP TO SPEAK? NO, MA'AM.

AND THE CONTINUING STATE WOULD BE? NOVEMBER 5TH.

COMMISSIONER, UH, GIBBONS.

UH, MADAM CHAIR, I DON'T HAVE ANY QUESTIONS FOR THE APPLICANT.

WE DID TALK ABOUT THE CONTINUANCE TO NOVEMBER 5TH, SO I HAVE NO QUESTIONS AT THIS TIME.

MADAM CHAIR.

UH, THERE IS ONE PERSON, UH, LOOKS LIKE, BUT I DID, WAS THROWN BY THE ADDRESS.

UH, FIDEL OGU.

FIDEL, THAT'S ALL, MA'AM.

UM, ANY UH, QUESTIONS OR DISCUSSION? COMMISSIONERS ON MY LEFT? QUESTIONS OR DISCUSSION? COMMISSIONERS ON MY RIGHT.

UM, DID YOU MAKE THE, MAKE THE MOTION ALREADY? OKAY.

MADAM CHAIR, MAKE A MOTION FOR CONTINUANCE ON ITEM NUMBER 19 TO NOVEMBER 5TH.

SECOND.

WE HAVE A MOTION AND A SECOND ON THE FLOOR.

UH, ROLL CALL VOTE PLEA.

COMMISSIONER S SIPES? YES.

COMMISSIONER BUSTAMANTE.

GOOD AFTERNOON COMMISSIONERS.

PATRICIA, I THINK WE'RE READY FOR ITEM NUMBER 22.

UH, ARE WE DOING 22 OR NUMBER FOUR?

[00:30:05]

SORRY.

IT HELPS IF YOU TURN THE PAGE.

YES, I'M SORRY.

ITEM NUMBER FOUR

[4. 19-7571 ZONING CASE Z-2019-10700181 ERZD (Council District 8): A request for a change in zoning from "R-6 UC-1 MLOD-1 MLR-1 AHOD ERZD" Residential Single-Family Loop N 1604 W Urban Corridor Camp Bullis Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay Edwards Recharge Zone District to "C-2 UC-1 MLOD-1 MLR-1 AHOD ERZD" Commercial Loop N 1604 W Urban Corridor Camp Bullis Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay Edwards Recharge Zone District on 0.496 acres out of NCB 17700, located at 4545 North Loop 1604 West. Staff recommends Approval. (Michael Pepe, Planner, (210) 207-8208, michael.pepe@sanantonio.gov, Development Services Department)]

FOR THE SAS REPORT.

MICHAEL PEPE, PLANNER DEVELOPMENT SERVICES.

THIS IS ITEM FOUR LOCATED AT 45 45 NORTH LOOP 4 16 0 4 WEST.

FROM THIS IS A REQUESTED CHANGE ZONING FROM R SIX TO C TWO 12.

NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.

NONE WERE RETURNED IN FAVOR, NONE IN OPPOSITION.

THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION.

STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBOR LANDS IN RELATION TO THE 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.

UM, MAY WE HAVE, UH, THE SAS REPRESENTATIVE PLEASE? MIKE.

MIKE ESCALANTE WITH SAS AQUIFER PROTECTION AND EVALUATION.

SAS HAS REVIEWED ZONING CASE, UH, Z 2 0 1 9 DASH 0 7 0 180 1 FOR AN EXISTING DRIVEWAY ON 0.496 ACRE EASEMENT LOCATED AT 45 45 NORTH LOOP 1604 UH, WEST.

THE PAVED DRIVEWAY STRETCHES 431 FEET FROM LOOP 1604 ACCESS ROAD LEADING TO HOPE CENTER CHURCH.

THE ZONING REQUESTS WILL NOT INCREASE THE EXISTING OUS COVER NOR NEGATIVELY IMPACT THE ENVIRONMENT.

RECOMMENDS APPROVAL FOR ZONING CASE Z 2 0 1 9 DASH 1 0 7 0 0 1 8.

MAY WE HAVE THE APPLICANT PLEASE? AUDI? MY NAME IS AARON STOSS WITH ARCH COMM ARCHITECTS AND ENGINEERS.

UH, WE ARE ASKING FOR THIS CHANGE IN ZONING TO ALLOW ACCESS TO TWO ADJACENT PIECES OF PROPERTY TO HOPE CHURCH.

UH, WE WERE INITIALLY ENGAGED TO HELP THEM DESIGN THE NEW FACILITY THAT THEY WOULD LIKE TO BUILD ON THAT PIECE OF PROPERTY.

UH, BUT FOUND OUT FROM ADDRESSING THAT THEY DIDN'T HAVE LEGAL ACCESS DUE TO THE CURRENT ZONING.

SO WE ENGAGED WITH HOPE CHURCH TO HELP THEM WITH THEIR REZONING PROCESS, WHICH THEY WERE IN AGREEMENT AND IN FAVOR OF.

AND THAT BRINGS US TO WHERE WE ARE TODAY.

ALL RIGHT, COMMISSIONER ROMERO.

WE'LL CALL YOU BACK UP IF WE HAVE QUESTIONS.

UM, IS THERE ANYONE SIGNED UP TO SPEAK? NO, MA'AM.

OKAY, GREAT.

UM, THERE'S JUST A LITTLE BIT OF A CONFUSION ON THIS THAT WE COULD CLARIFY.

IF YOU'RE LOOKING, UM, ONLINE WHERE IT SAYS SAS REPORT REVISED ATTACHMENT KATT, I BELIEVE THAT WAS FROM THEIR CASE THERE.

SHOULD THE UPDATED, THE ONE THAT HAS THE MORE RECENT DATE SHOULD BE THE CURRENT SAWS REPORT.

BUT INSTEAD OF THE REPORT BEING ATTACHED, THE APPLICATION WAS ATTACHED.

THE REPORT THAT REFERENCES A DIFFERENT CASE WHEN WE LOOKED THIS UP ON ONLINE, THE NURSING HOME CASE.

SO I JUST WANNA MAKE CLEAR THAT WAS, THIS IS NOT ABOUT A NURSING HOME OR ANYTHING LIKE THAT.

OH, FOR THE RECORD, THIS IS NOT A NURSING HOME.

THAT'S FOR THE OTHER CASE.

SO THERE'S TWO SAWS REPORTS.

ONE IS FOR THIS DRIVEWAY AXIS AND ONE IS FOR THE, UH, THE NURSING FACILITY.

UM, THIS IS A PRETTY CLEAR CUT CASE, SO I GUESS I'LL JUST SEE IF ANYBODY HAS ANY QUESTIONS.

'CAUSE I DO NOT.

UM, COMMISSIONERS ON MY LEFT.

ANY ONE QUESTIONS? COMMISSIONER GIBBONS? UH, I GUESS WERE YOU THE ENGINEER? I'M THE STRUCTURAL ENGINEER AND, UH, ARCHITECTURAL PROJECT MANAGER ON THE PROJECT.

THE CIVIL ENGINEER IS A DIFFERENT FIRM.

ISN'T THERE ALWAYS A DRIVEWAY? THERE IS.

THIS IS A, IT'S AN EXISTING DRIVEWAY.

WE'RE, WE'RE NOT MAKING ANY PHYSICAL CHANGES TO THIS PIECE OF PROPERTY AT ALL.

THIS IS, WAS THE SAS REPORT DONE WHEN THAT FIRST DRIVEWAY WAS PUT IN? THERE WAS AN INITIAL SAS REPORT FOR THE DEVELOPMENT OF HOPE CHURCH.

IT WAS SUBSEQUENTLY IMPACTED BY THE, UH, STRIP CENTER YOU SEE THERE.

UH, BARBECUE OUTFITTERS INCORPORATED THAT INTO THEIR, UH, DRAINAGE PLAN THAT THEY DID.

AND THAT WAS PART OF THE, THE DELAY IN GETTING THIS ALL THE WAY TO COUNCIL WAS GETTING ALL THOSE DIFFERENT PIECES OF THE, THE WATER QUALITY PATHWAY FIGURED OUT.

WHEN BARBECUE OUTFITTERS CAME IN, THEY PICKED UP THE VEGETATED FILTER STRIPS AND WHATNOT THAT WERE ALONG THAT DRIVEWAY AND INCORPORATED IT INTO THEIR DRAINAGE PLANT.

SO THROUGH ALL THE DIFFERENT STEPS WE'VE GOTTEN TO CLEAN WATER ALL THE WAY ACROSS INTO THE CREEK.

DID THE, DID THE SAWS REPORT CHANGE ANY FROM THE INITIAL TO THE ONE TODAY? IT WAS ADDED ONTO FROM THE INITIAL, UH, SET OF VEGETATED FILTER STRIPS THAT WERE ALONG THAT DRIVEWAY.

AND THEY,

[00:35:01]

ANY OTHER QUESTIONS? COMMISSIONERS? ON MY RIGHT.

UM, COMMISSIONER ROMERO.

AND JUST A CLARIFICATION FROM SAS, UM, BECAUSE OF THE NATURE OF THIS, DO YOU ACTUALLY HAVE, UH, UH, RECOMMENDATIONS IN YOUR REPORT? 'CAUSE I'M NOT SURE HOW TO WORD MY MOTION.

WHAT, WHAT WAS THE QUESTION? NORMALLY WE WOULD MAKE A MOTION TO APPROVE IT WITH SAS RECOMMENDATIONS, BUT I'M NOT SEEING THAT YOU ACTUALLY HAVE RECOMMENDATIONS BECAUSE OF THE NATURE OF THIS CASE.

SO, IS THAT CORRECT? RIGHT.

THERE'S, THERE'S NO RECOMMENDATIONS 'CAUSE THERE'S, IT, IT'S AN EXISTING DRIVEWAY.

SO, YEAH.

THEN I MOVE FOR APPROVAL ON ITEM NUMBER FOUR.

AND, AND IF I COULD, LET ME JUST CLARIFY FOR THE RECORD REGARDING YOUR REFERENCE ON THE SAWS REPORT.

SO THE SAWS REPORT ACTUALLY JUST HAS A TYPO.

UM, IT'S REFERENCING AN ASSISTED LIVING FACILITY, HOWEVER, THE CASE IS FOR, UH, RELATED TO A DRIVEWAY EASEMENT.

WE JUST CONFIRMED WITH SAWS.

IT'S JUST A COPY AND PASTE ERROR.

I JUST WANTED TO CLARIFY IT FOR EVERYBODY.

I ALSO WANNA CLARIFY, IT'S, IT'S OWIE DRIVE IN CASE PEOPLE ARE CONFUSED FOR FUTURE REFERENCE ON THAT OTHER CASE.

UH, BUT I AM MAKING A MOTION FOR APPROVAL ON ITEM FOUR.

SECOND.

WE HAVE A MOTION AND A SECOND ON THE FLOOR.

UM, ANY DISCUSSION COMMISSIONERS ON MY RIGHT? OKAY.

YOU SAY, OKAY.

I'M SORRY.

UH, COMMISSIONERS ON MY LEFT.

ANY DISCUSSION? ALL RIGHT.

COMMISSIONER BUSTA.

ZONING CASE Z 20 19 1 0 7 0 1 9 5.

MOTION PASSES FOR ITEM NUMBER FIVE,

[5. 19-7606 ZONING CASE Z-2019-10700195 CD ERZD (Council District 9): A request for a change in zoning from “R-6 MLOD-1 MLR-2 ERZD” Residential Single Family Camp Bullis Military Overlay Military Lighting Region 1 Edwards Recharge Zone District to “R-6 CD MLOD-1 MLR-2 ERZD” Residential Single Family Camp Bullis Military Overlay Military Lighting Region 1 Edwards Recharge Zone District with Conditional Use to allow for an assisted living facility with up to sixteen (16) residents on Lot 1 and the West 45 Feet of Lot 2, NCB 14843, located at 2104 Pipestone Drive. Staff recommends Denial, with an Alternate Recommendation. (Dominic Silva, Senior Planner, (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]

REQUEST TO CHANGE THE ZONING FROM R SIX M L D ONE MLR TWO E RZ D TWO R SIX CD WITH CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY WITH UP TO 16 RESIDENCES LOCATED AT 21 0 4 PIPESTONE DRIVE.

22 NOTICES.

NO NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

ONE.

RETURN IN FAVOR, ONE IN OPPOSITION.

NO REGISTERED NEIGHBORHOOD ASSOCIATIONS IN THE AREA.

UH, THE PROPOSED, UH, C TWO WITH CONDITIONAL USE FOR 16 RESIDENCES, UM, IS APPLICABLE TO THE AREA.

STAFF RECOMMENDS NILE WITH AN ALTERNATE RECOMMENDATION.

NO MORE THAN EIGHT RESIDENCES AND THE APPLICANT IS PRESENT.

ALL, UH, SAS PLEASE.

MIKE LAN WITH SAS AQUIFER PROTECTION EVALUATION.

UH, SAS HAS REVIEWED ZONING CASE Z 2 0 1 9 DASH 1 0 7 0 1 9 5 FOR AN EXISTING HOUSE ON POINT, UH, 4 6 5 ACRE LOT LOCATED AT 2104 PIPESTONE DRIVE.

UH, THE HOUSE HAS BEEN OPERATING AS AN ASSISTED LIVING FACILITY AND THE ZONING REQUEST WILL NOT INCREASE THE EXISTING IMPERVIOUS COVER, NOR NEGATIVE NEGATIVELY IMPACT THE ENVIRONMENT.

SO RECOMMENDS APPROVAL FOR FOR THIS SONY CASE.

MAY WE HAVE THE APPLICANT PLEASE? GOOD AFTERNOON, COMMISSIONERS.

MY NAME IS SAMUEL VESA.

I'M THE OWNER OF, UH, PIPESTONE PLACE ASSISTED LIVING.

CAN I GIVE YOU SOME, UH, SUPPORTING PAPERWORK? I HAVE.

JUST HAND IT TO STAFF AND THEY'LL PASS IT OUT.

FOR WORKING WITH RESIDENTS WITH MEMORY LOSS.

PRETTY MUCH JUST A LITTLE INFORMATION ABOUT WHO WE ARE.

WE PROVIDE CARE FOR 16 RESIDENTS.

MY WIFE AND I HAVE BEEN OWNERS OF PIPESTONE SINCE 2005.

THIS LOCATION HAS BEEN IN OPERATION SINCE PROBABLY BEFORE 1994 IS THE FURTHEST BACK RECORD I CAN HAVE OF THE PREVIOUS, UH, OWNER.

AND WHAT WE DO HERE IS WE PROVIDE CARE FOR THOSE WITH MEMORY LOSS DEMENTIA.

SO OUR GROUP OF, UH, SENIORS ARE A GROUP THAT ARE A BIT MORE FRAIL.

UH, WE'VE HAD THE PRIVILEGE OF TOUCHING THE LIVES OF OVER 100 PLUS FAMILIES OVER THE YEARS THAT WE'VE BEEN THERE.

AND SEVERAL MORE BEFORE OUR TIME AS WELL.

OUR SETUP IS, UM, WE HAVE A 24 HOUR CARE FACILITY WHERE WE HAVE STAFF 24 HOURS A DAY.

WE HAVE, UH, SPECIFICALLY TRAINED STAFF MEMBERS

[00:40:01]

UM, WE HAVE NURSE DELEGATION OVERSIGHT.

SO WE ARE SET UP TO PROVIDE VERY HIGH QUALITY CARE FOR OUR RESIDENTS, UM, AS WE ARE STRUCTURED CURRENTLY.

AND SO WE'RE ASKING FOR YOUR SUPPORT TO MAINTAIN, UH, TO CONTINUE DOING WHAT WE'VE BEEN DOING FOR ABOUT A DECADE AND A HALF.

THANK YOU FOR YOUR CONSIDERATION.

WE MAY CALL YOU BACK UP FOR QUESTIONS.

IS THERE ANYONE SIGNED UP TO SPEAK? GLEN KEATON? HELLO, MY NAME IS GLEN KEATON.

UH, I LIVE DOWN THE STREET FROM, UH, I WAS OUTSIDE OF THE, UH, AREA THAT WAS NOTIFIED, BUT, UH, I LIVE FOUR HOUSES DOWN FROM IT.

I'VE LIVED THERE FOR 20 YEARS.

PLACE IS ALWAYS, I MEAN, IT LOOKS LIKE A HOUSE.

IT'S DOESN'T LOOK LIKE AN IN, YOU KNOW, A COMMERCIAL BUILDING OR ANYTHING.

AND I THINK IT'S NICE THAT ELDERLY PEOPLE CAN LIVE IN A HOME ENVIRONMENT THAT'S IN LIKE A NEIGHBORHOOD INSTEAD OF HAVING TO BE IN A, YOU KNOW, LIKE A INSTITUTIONAL COMMERCIAL FACILITY.

SO, LIKE I SAY, I'M FOR THE, UH, ZONING CASE.

I CAN'T SEE THE NAME VERY WELL, BUT THE ADDRESS I BELIEVE IS 2159 OR 2155.

PIPESTONE.

YES SIR.

AFTERNOON LADIES AND GENTLEMEN.

MY NAME IS JESS ZIMMER.

I LIVE AT 2115 PIPESTONE DRIVE.

YOU SAY PLEASE, SIR, I LIVE, I'VE LIVED IN THIS AREA FOR OVER 20 YEARS.

THIS PLACE HAS EXISTED SINCE 1994.

IT'S RUN VERY EFFICIENTLY.

THERE'S NO COMPLAINTS BY ANY OF THE NEIGHBORS.

THANK YOU VERY MUCH.

CAN YOU RESTATE YOUR NAME FOR THE RECORD PLEASE? YES.

AUGUST ZIMMERLI.

THANK YOU SO VERY MUCH.

THAT'S ALL I HAVE SIGNED IN TO SPEAK.

UH, COMMISSIONER GIBBONS.

MAD CHAIR.

UM, IF I COULD TALK TO STAFF REAL QUICK.

SO WE HAD SOME NICE CONVERSATIONS, BUT I DON'T RECALL YOU MAKING MENTION THAT YOU WANTED THAT THE PLAN WAS FROM THE 16 DOWN TO EIGHT, CORRECT? YEAH, THAT WAS THE ALTERNATE OF EIGHT PARKING SPACES INSTEAD OF THE, OR I'M SORRY, NOT PARKING SPACES, RESIDENCES INSTEAD OF THE 16 RESIDENCES.

HOWEVER, OUR CONVERSATION STILL STANDS ON THE PARKING REQUIREMENTS.

WE'RE GONNA HAVE TO HAVE THIS DISCUSSION HERE THEN.

'CAUSE I DON'T RECALL THAT THAT COMING UP.

SO WHAT IS, WHY ARE WE GOING FROM 16 TO EIGHT WHEN THEY'VE EXISTED SINCE 1994 AS 16? THEY'VE COMPLIED WITH ALL STATE.

, UM, WHATEVER STATE WANTS.

THEY'VE COMPLIED WITH THE CITY.

UH, FIRE MARSHAL.

THEY'RE COMPLYING WITH NOW THE PARKING SITUATION.

SO, UM, GOING UP TO 16 RESIDENCES WOULD, UM, REMOVE THE VEGETATION THEY HAD, UH, INCREASE IN PREVIOUS COVER AND MEETING THE REQUIRED PARKING FOR 16 RESIDENCES WOULD ALTER THE RESIDENTIAL CHARACTERISTIC OF THE NEIGHBORHOOD AS IT CURRENTLY STANDS.

UM, WHAT THEY NEED FOR 16 RESIDENCES PARKING SPACES WISE IS 0.3 SPACES PER RESIDENT, PLUS ONE SPACE PER EMPLOYEE.

SO THAT WOULD EQUAL TO 4.8 SPACES ROUNDED UP TO FIVE.

AND, UM, ONE SPACE FOR EACH EMPLOYEE.

I'LL LET THE APPLICANT KINDA DETAIL HOW MANY, UH, EMPLOYEES HE HAS.

UM, AND THEN AT EIGHT RESIDENTS IT WOULD BE 2.4 ROUNDED DOWN TO TWO FOR PARKING SPACES, PLUS ONE FOR EACH EMPLOYEE.

SO IT'S THE PARKING SPACE THAT'S YOUR CONCERN WITH THE IMPERVIOUS COVER.

BUT SAS GAVE A REPORT THAT THEY DON'T SEE ANY CHANGE IN THE, THAT IT WOULD BE ANY SIGN SIGNIFICANT CHANGE IN THE IMPERVIOUS COVER? CORRECT.

SO SAS IS OKAY WITH IT.

SO YOU'RE OKAY WITH IT THEN? NO.

AND THEN WE HELP CHIME IN HERE.

WELL, BEFORE WE GO THERE.

SO BEFORE WE GO THERE, I'M SORRY.

UH, DO THE MATH FOR ME.

SO THERE'S 16 RESIDENTS AND THE MATH IS WHAT PER PARKING POINT? THREE PER SPACE FOR, UM, FOR RESIDENCES AND THEN ONE PER SPACE FOR EMPLOYEES.

AND ARE THESE RES DRIVING RESIDENTS OR ANYBODY THAT LIVES THERE? SO IF IT'S A CHILD CENTER, IT WOULD STILL BE CONSIDERED RESIDENT EVEN THOUGH A CHILD DOESN'T DRIVE.

WHAT THE APPLICANT TOLD ME WAS THAT MOST RESIDENCES DON'T HAVE A DRIVER'S LICENSE

[00:45:01]

OR DON'T DRIVE.

BUT TO ANSWER THE QUESTION THOUGH, IF LET'S SAY IT WAS A CHILDRE PLACE AND THERE'S 16 CHILDREN THERE, IS THAT REQUIREMENT STILL REQUIRED? CORRECT.

THAT PARKING WOULD STILL BE REQUIRED? YES.

SO, SO THE TERM RESIDENT ISN'T REALLY DEFINED AS JUST DEFINED AS ANYBODY WITHIN THE BUILDING.

CORRECT.

SO THE PARKING ISN'T NECESSARILY NEEDED, BUT IT IS A BUREAUCRATIC REQUIREMENT? YES, MA'AM.

, YOU'RE VERY POLITE ABOUT THAT.

UM, OKAY, NOW I'LL COME BACK OVER TO KAT.

SO EVEN THOUGH IT IS AN IMPERVIOUS COVER ANALYSIS THAT SASS DOES IS A LITTLE DIFFERENT THAN WHAT WE'RE LOOKING AT RELATED TO, UM, CREATING A FRONT YARD AND SIDE YARD OF A PARKING LOT IN A RESIDENTIAL NEIGHBORHOOD.

WHEN YOU DO A, A CONDITIONAL USE ON A RESIDENTIAL BASED DISTRICT, ONE OF THE CONDITIONS IS THAT THE, YOU SHOULDN'T ALTER THE APPEARANCE, UH, OF IT SHOULD LOOK LIKE A HOME WITHIN A RESIDENTIAL NEIGHBORHOOD TO MEET THE, REQUIRE OUR CITY REQUIREMENTS FOR A ASSISTED LIVING FACILITY FOR THE NUMBER OF RESIDENTS THAT THEY WANT, THEY HAVE TO MEET THE MINIMUM DEVELOPMENT STANDARDS, WHICH INCLUDE PARKING, REGARDLESS OF WHETHER OR NOT THEY'RE DRIVING IS STILL A REQUIREMENT.

IN ORDER TO DO THAT, THEY HAVE TO MAKE SURE THAT THEY HAVE THE AVAILABLE PARKING SPACES.

SO IF APPROVED BEFORE THEY CAN GET THE CERTIFICATE OF OCCUPANCY, THEY'RE GONNA HAVE TO BUILD THE PARKING LOT.

THAT'S ESSENTIALLY WHAT THEY'RE DOING.

IF YOU WANNA SHOW THE SITE PLAN THAT'S IN THE, IN THE POWERPOINT, YOU'LL SEE WHERE THOSE NEW PROPOSED SPACES WILL BE IN ORDER TO ACCOMMODATE ALL OF THE PARKING THAT THEY NEED.

UM, AND SO THAT WAS ONE OF THE CONCERNS.

WE, WE UNDERSTAND THAT THE HOUSE CAN FIT THE 16.

OUR CONCERN IS WHAT'S ON THE EXTERIOR IN ORDER TO FIT THE 16.

UM, DID, DID YOU GO OUT AND TALK WITH THE CLIENT ON THE SPACES? SO THAT WAS YOU WHO WENT ON SITE? YES.

YEAH, WE DID TALK, UM, NUMEROUS TIMES.

HE DID, UH, WORK WITH OUR TRAFFIC TEAM TO, UH, PROCEED WITH THE PERMIT FOR, UH, AN EXTRA DRIVER APPROACH AND ADDING THREE EXTRA SPACES.

UM, TALKING WITH THE APPLICANT, HE DID SAY HE PLACED THE CONTRACTORS IN HOLD, SO THEY ON, ON STANDBY IF WE CAN PROCEED WITH THAT.

'CAUSE I DON'T THINK ANY, ANY VEGETATION OTHER THAN THE GRASSES BEING DISTURBED AND MAYBE A ROCK BEING MOVED.

DID YOU OBSERVE THAT ACROSS THE STREET? THERE'S ANOTHER HOUSE THERE WITH A, A CONCRETE DRIVE TO FACE FRONT GARAGE.

AND THEN THEY ALSO ADDED A TURNAROUND DRIVE FROM PIPESTONE TO, I DUNNO WHAT THE OTHER STREET IS.

SO IT'S LIKE A LITTLE TURNAROUND THAT WAS MADE OF GRAVEL.

SO WOULD YOU CONSIDER THAT KIND OF THE SAME THOUGHT? MAYBE? PRETTY MUCH.

PRETTY MUCH.

SO I JUST HAVE A COUPLE QUESTIONS.

YOU .

COUPLE QUESTIONS FOR THE, UH, APPLICANT.

SO YOU PURCHASED THE BUSINESS AT WHAT TIME? IN, UH, 2005.

2005.

AND AT THE TIME IT WAS EXISTING AS AN ASSISTED LIVING WITH HOW MANY, HOW MANY RESIDENTS AT THAT TIME? I DON'T REMEMBER HOW MANY RESIDENTS THEY HAD SPECIFICALLY, BUT THEY WERE SET UP FOR 16, ESSENTIALLY.

AND THE, AND THE STATE ALLOWS FOR 16, IS THAT CORRECT? CORRECT.

IN THE PACKAGE, IT SHOWS OUR LICENSE FOR 16.

AND THEN, UM, SO NOTHING REALLY CHANGES.

JUST THE OWNERSHIP CHANGED HANDS AT THAT TIME AND THEN YOU, UH, ADDED ONTO IT, THEN FIRE COMES ALONG AND WE HAD SOME CRISES HERE IN THE CITY WITH FIRE AND NOT JUST ASSISTED LIVING, BUT NURSING HOMES.

SO NOW FIRE IS REQUIRED.

AND DID YOU COMPLY WITH THE FIRE MARSHALS REQUEST OF SPRINKLER SYSTEM THROUGHOUT THE, UH, RESIDENCE? 100%.

AND THEN, UM, THAT THEN THAT THEN ADDED ANOTHER LAYER OF BUREAUCRACY THAT CAME ALONG AND SAID, WELL NOW WE'VE GOT THE PARKING ISSUE.

UM, AND YOU'RE ABLE TO MEET THE REQUIREMENTS OF THE PARKING ISSUE, CORRECT? WE ARE, WE HAVE THE CONTRACTORS ON STANDBY.

WE GOT THE PERMIT, UH, APPROVAL LAST WEEK, AND THE CONTRACTORS ARE ON STANDBY TO ADD ADDITIONAL, UH, PARKING SPACE.

SO THIS WOULD'VE BEEN TO 2001.

AND THEN, UM, UM, THAT'S ALL MY QUESTIONS.

UM, I'LL GO AHEAD AND OPEN IT TO COM TO THE COMMISSIONERS.

UM, THANK YOU.

UH, ANY QUESTIONS? COMMISSIONERS ON MY RIGHT.

COMMISSIONER SIPES A QUESTION FOR STAFF AND THIS CLARIFICATION.

UM, IT APPEARS THAT THIS AREA WAS JUST RECENTLY ANNEXED INTO THE CITY.

IS THAT CORRECT? YES, IT WAS.

I DON'T HAVE MY STAFF REPORT, I DON'T HAVE MY STAFF REPORT ON ME.

I DIDN'T KNOW THAT.

UM, I DON'T HAVE THE YEAR OFF THE TOP OF MY HEAD, BUT YES, IT WAS, IT ACTUALLY, IT WAS ANNEXED OCTOBER 25TH, 2019.

[00:50:10]

SO MAYBE YOU MEANT A DIFFERENT YEAR.

UM, BECAUSE IT CAME IN AND WAS ZONED TEMPORARY R ONE, WHICH IS WHAT WE WOULD'VE DONE PRIOR TO 2001, WHICH CONVERTED IT TO R SIX.

SO I THINK HIS STAFF REPORT HAS A TYPO.

THAT, UM, AND, AND MY REASON FOR THE QUESTION IS, I'M TRYING TO DETERMINE WHEN IT BECAME, WAS IT EXISTING AS A ASSISTED LIVING FACILITY PRIOR TO COMING INTO THE CITY? IT IS 16 YEARS OLD, THE LIVING FACILITY.

SO, YES.

AND I CAN KIND OF EXPLAIN A LITTLE BIT ABOUT THE PERMIT PROCESS.

'CAUSE UH, COMMISSIONER GIBBONS IS A LITTLE, IS CORRECT, SHE'S ON THE RIGHT LINE AS TO HOW IT CAME ABOUT.

SO, UM, FOR ASSISTED LIVING FACILITIES, UH, YOU GET A LICENSE FROM THE STATE.

IT GIVES YOU THE PERMISSION TO DO UP TO SO MANY UNITS, UH, UP TO SO MANY RESIDENTS AS LONG AS YOU COMPLY WITH ALL OF THE CITY CODE REGULATIONS.

UM, YEARS AGO, UH, THE, UH, ONCE YOU GOT THE LICENSE, THEY, THEY PROCEEDED TO OPEN UP.

THERE WAS NO CERTIFICATE OF OCCUPANCY THAT WAS, UM, THAT WAS OBTAINED BY THE APPLICANT.

UM, IN SORT OF THIS, UH, CODE COMPLIANCE CATCHUP.

UH, WHAT HAPPENS IS THAT THE, IN ORDER TO ENSURE THAT THEY KEEP THEIR ANNUAL LICENSE, THEY HAVE TO GET AN INSPECTION BY THE FIRE DEPARTMENT.

A FIRE DEPARTMENT IN MOST RECENT YEARS HAVE, UM, HAVE BEEN TRAINED TO ALSO LET THEM KNOW THAT YOU NEED TO MAKE SURE THAT YOU HAVE A CURRENT UPTODATE CERTIFICATE OF OCCUPANCY.

IF YOU DON'T, THEN YOU NEED TO GO GET ONE.

SO THAT STARTED TRIGGERING A LOT OF THESE ASSISTED LIVING FACILITIES THAT HAD A LICENSE BY THE STATE TO COME TO THE CITY.

AND THAT'S WHERE THEY FIND OUT THAT THEY AREN'T LEGALLY ZONED FOR AN ASSISTED LIVING FACILITY, WHICH WOULD'VE TRIGGERED ALL OF THE REVIEWS, SUCH AS A PARKING REVIEW TO MAKE SURE THAT THEY ARE COMPLIANT.

PARKING ISN'T JUST FOR THE RESIDENTS, PARKING IS FOR VISITORS TOO.

UH, SO, UM, THOSE ARE THE THINGS THAT WE LOOK AT.

AND THAT'S THEN THAT CERTIFICATE OF OCCUPANCY REQUIREMENTS.

SO THAT'S WHY YOU'LL SEE OCCASIONALLY SOME COME BEFORE THE ZONING COMMISSION WHERE THEY'VE BEEN OPEN FOR YEARS AND NOW ARE ARE GOING THROUGH THE REZONING PROCESS.

IT'S THE INSPECTION THAT TRIGGERED IT.

THANKS.

UH, COMMISSIONER ROMERO, THE SITE PLAN, AGAIN WITH THE PARKING SPACES, I'M JUST A LITTLE CONFUSED ABOUT HOW MANY SPACES WOULD NEED TO BE ADDED IF THEY GOT THE 16, THAT WOULD BE THREE.

SO IT WOULD BE THE THREE IN THE BACK.

'CAUSE THE FOUR ON THE SIDE ARE ALREADY THERE.

IT'S ACTUALLY THE SIDE, THE FRONT IS GONNA HAVE THE FOUR PARKING SPACES ON PIPESTONE.

THE THREE WITH A NEW DRIVE, UH, DRIVE APPROACH WOULD BE OFF OF, UM, TO THE NORTH OF THAT SITE PLAN.

SO THAT'S, THAT'S ON PARK STONE WHERE THOSE THREE WOULD BE ADDED? CORRECT.

AND THE NEW DRIVE APPROACH.

AND THERE WOULD JUST, YOU WOULD JUST GO RIGHT IN OFF OF PARK STONE INTO THE CORRECT.

SO THAT'S, THAT'S REALLY IT IS THREE MORE? YES.

UM, QUESTIONS, COMMISSIONERS ON MY LEFT.

UM, IF THERE'S NO OTHER QUESTIONS, COMMISSIONER GIBBONS, UM, YOU KNOW, IN D NINE, I DON'T THINK WE HAVE MANY TYPES OF RESIDENTIAL ASSISTED LIVING IN, IN DISTRICT NINE.

AND THIS IS ONE THAT, UH, THE COUNCILMAN IS, UM, VERY CONCERNED THAT IT CONTINUE ON AS 16.

I DID GO OUT ON THE SITE TO LOOK AT WHERE THE PARKING SPACES WOULD BE.

UM, REALLY DIDN'T OBSERVE THAT THAT'S ANYTHING OUT OF THE NORM BECAUSE IT IS A CORNER LOT.

UM, IT'S NOT FAR FROM THE ENTRANCE OF THE, OF THE AREA.

THE HOUSES ARE LARGE.

THE THE LAND IS A LARGE AREA.

THEY'RE ALL ON LARGE LOTS AS WELL.

SO, ALTHOUGH I UNDERSTAND AND APPRECIATE THE STAFF'S DUE DILIGENCE ON ALL THIS, UM, IT WOULD BE A HARDSHIP TO GO FROM, UH, 16 TO EIGHT RESIDENTS AND I I'VE BEEN INSIDE IT.

THEY MEET A NEED, UM, FOR THESE RESIDENCES.

IN FACT, WHEN I WAS THERE, WE HAD ONE LADY, UM, ARRIVE.

SHE CAME TO, UM, SPEND TIME WITH HER HUSBAND AND I COULDN'T IMAGINE HOW COMFORTING IT MUST BE TO, TO PULL UP TO PLACE IT LOOKS LIKE A HOUSE AND NOT AN INSTITUTION AND HOW COMFORTING THAT MUST BE FOR HER AS WELL AS HER HUSBAND.

SO, UM, LIKE TO MAINTAIN WHAT HE HAS HERE AND WOULD RECOMMEND, UH, MAKE A MOTION FOR APPROVAL OF THIS WITH THE PLANNED AMENDMENT ON ITEM NUMBER.

WHAT, WHAT ITEM ARE WE? FIVE.

FIVE.

[00:55:04]

I WOULD SECOND.

BUT WAS THAT WITH THE CONDITIONS COMMISSIONER? YES.

UH, I STATED AS PLAN.

AMEN.

NO, I'M SORRY.

WITH THE CONDITIONS OF THE PARKING THEN I, I JUST MEANT THE A, B, AND C CONDITIONS THAT ARE THERE UNDER, SO IF YOU'RE, IF YOU'RE GONNA ALLOW THE, IF YOU'RE RECOMMENDING APPROVAL, UH, TO ADD THE PARKING, THEN YOU HAVE TO RE UH, RECOMMEND REMOVAL OF ONE OF THE CONDITIONS, WHICH I THINK IS B UH, THEN IT'S WITH, UH, A MOTION TO APPROVE WITH THE CONDITIONS A AND C.

AND SECOND, WE HAVE A MOTION AND A SECOND ON THE FLOOR.

ANY DISCUSSION? COMMISSIONERS ON MY LEFT? OKAY.

UM, COMMISSIONERS ON MY RIGHT.

ANY DISCUSSION? ALL RIGHT.

UH, ROLL CALL, VOTE PLEASE.

COMMISSIONER BUSTA MONTE.

COMMISSIONER TOSON? YES.

GOOD AFTERNOON,

[6. 19-7618 (Continued from 10/01/19) ZONING CASE Z-2019-10700161 (Council District 3): A request for a change in zoning from "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for a Manufactured Home Park to "MF-33 AHOD" Multi-Family Airport Hazard Overlay District on Lot 9, Lot 10, Lot 11 and the East 25 feet of Lot 8, Block 8, NCB 7610, located at 138 Hermitage Court. Staff recommends Denial, with Alternate Recommendation. (Associated Plan Amendment PA2019-11600042) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@SanAntonio.gov, Development Services Department)]

COMMISSIONERS.

THIS IS ITEM SIX, UH, LOCATED AT 1 3 8.

HERMITAGE PLACE IS A REQUEST TO CHANGE THE ZONING FROM R FOUR CD WITH THE CONDITIONAL USE FOR MOBILE HOME PARK TO MF 33 39.

MAIL 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 AND 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 REQUESTING CONTINUANCE.

THE APPLICANT ALSO WISHES TO AMEND THEIR REQUEST.

MAY WE HAVE THE APPLICANT PLEASE? GOOD AFTERNOON, COMMISSIONERS.

MELISSA GONZALEZ WITH PROJECT PERMITTING, THE AGENT FOR, UM, THE CLIENT.

AND WE ARE ASKING FOR A CONTINUANCE FOR THE NEXT MEETING, UM, IN THREE WEEKS.

I BELIEVE WE HAVE SET UP AND HAVE BEEN ADDED TO THE AGENDA FOR THE NEIGHBORHOOD ASSOCIATION.

SO WE CAN GO AHEAD.

THE CLIENTS WILL BE READY THEN TO PRESENT, UM, AND ANSWER ANY QUESTIONS THAT THEY MIGHT HAVE.

UM, ANYBODY SIGNED UP TO SPEAK? NO, MA'AM.

GREAT.

ALL RIGHTY.

WELL THIS IS A DISTRICT, UH, THREE CASE.

UH, MS. GONZALEZ, CAN YOU COME UP PLEASE? OKAY.

SO THAT'S GREAT.

SO YOU, YOU ARE ON THE AGENDA TO, UM, MA'AM, THEY'RE THE LAST TUESDAY OF THE MONTH.

SO WE REACHED OUT TO THE, THE NEW PRESIDENT AND GOT TO SPEAK WITH HIM AND WAS ABLE TO REACH OUT AS WELL WITH THE CLIENT.

'CAUSE THE CLIENT TRAVELS A LOT.

UM, SO WE'VE COORDINATED AND THEY'VE GOT US ON THE AGENDA.

SO THE CLIENT TRAVELS A LOT.

'CAUSE YES, 'CAUSE I, I WAS HOPING TO HAVE A LITTLE COMMUNICATION MYSELF.

AND, AND THEN HAVE YOU BEEN, UH, ABLE TO MAKE SUCCESSFUL CO UH, COMMUNICATION WITH THE COUNCIL OFFICE? I HAVE, UH, SPOKEN WITH, UM, MR. VILLA.

AND HE DID EXPRESS TO MAKE SURE THAT WE REACH OUT WITH THE, UM MM-HMM.

WITH THE, UH, NEIGHBORHOOD ASSOCIATION.

UM, I'LL OPEN IT UP FOR THANK YOU.

STAY NEARBY JUST IN CASE ANYBODY HAS QUESTIONS.

UM, ARE THERE ANY QUESTIONS? UH, I AM GONNA END UP MOVING FOR A CONTINUOUS, BUT I WANNA OPEN UP FOR QUESTIONS FIRST.

COMMISSIONER BUSANTE? YEAH, JUST REALLY BRIEFLY, MS. GONZALEZ, THE STAFF INDICATED THAT, UH, THERE WAS A POSSIBLE AMENDMENT.

DID YOU WANT TO AMEND OR WHAT ARE YOU THINKING ABOUT AMENDMENT? OR DO YOU WANNA WAIT UNTIL THE NEXT MEETING? THERE ARE THREE QUESTIONS BUILT

[01:00:01]

IN THERE.

YES, SIR.

'CAUSE UM, WE HAD ORIGINALLY HAD, I THINK AN MF 33 AND WE ARE BRINGING THAT DOWN, UH, NOW BECAUSE OF THE PLAN AMENDMENT.

SO, OKAY.

TO WHAT? TO THE MF 18.

UM, ANY QUESTIONS? COMMISSIONERS ON MY LEFT.

COMMISSIONERS ON MY RIGHT.

UH, I HAVE A QUESTION FOR STAFF.

SO IF WE DO THE CONTINUANCE, CAN WE DO THE AMENDMENT AT THE SAME TIME? HER, UM, AMENDMENT IS NOTED FOR THE RECORD.

SO WE WILL UPDATE THAT FOR THE NEXT, UM, AGENDA.

WONDERFUL.

AND THEN NOW YOU WILL MAKE A MOTION ON THE CONTINUANCE.

THANK YOU SO MUCH.

UM, I'D LIKE TO MAKE A MOTION, UM, TO CONTINUE ITEM NUMBER SIX, UH, TO THE NOVEMBER 5TH MEETING.

SECOND, WE HAVE A MOTION AND A SECOND ON THE FLOOR.

ANY DISCUSSION TO COMMISSIONERS ON MY LEFT? COMMISSIONERS ON MY RIGHT.

COMMISSIONER S SIPES? YES.

COMMISSIONER BUSANTE.

AND MADAM CHAIR? YES.

MERCEDES REVA, SENIOR PLANNER WITH DEVELOPMENT SERVICES.

[7. 19-7539 (Continued from 10/01/19) ZONING CASE Z-2019-10700189 (Council District 7): A request for a change in zoning from "C-3NA AHOD" General Commercial Nonalcoholic Sales Airport Hazard Overlay District to "C-3 AHOD" General Commercial Airport Hazard Overlay District on Lot 2, Block 2, NCB 17120, located at 5063 Northwest Loop 410. Staff recommends Approval, pending Plan Amendment. (Associated Plan Amendment PA-2019-11600066) (Mercedes Rivas, Senior Planner, (210) 207-0215, Mercedes.Rivas2@sanantonio.gov, Development Services Department)]

ITEM NUMBER SEVEN, ZONING CASE Z TWO NINE DASH 0 7 180 9.

LOCATED AT 5 0 6 3 NORTHWEST LOOP FOUR 10 AS A REQUEST TO CHANGE THE ZONING FROM C THREE NA TO C THREE TO ALLOW ALCOHOL SALES AT THE SUBJECT PROPERTY.

10 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.

AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A NEIGHBORHOOD ASSOCIATION.

STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE 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 I BELIEVE THAT THE APPLICANT IS PRESENT.

MAY WE HAVE THE APPLICANT PLEASE? I TAKE THAT BACK.

OH WAIT, IS THERE ANYONE SIGNED UP TO SPEAK? ROSE HILL? MS. HILL? OH, THAT MIGHT BE A MISTAKE.

YEAH, I THINK SO TOO.

THIS IS THE WRONG CASE? YEAH.

I'LL BE, UM, MAKING A MOTION FOR A CONTINUANCE, BUT I WILL AS ANY QUESTIONS FIRST.

UM, COMMISSIONERS ON MY RIGHT.

ANY QUESTIONS? UH, COMMISSIONER, UH, MCDANIEL? A QUESTION FOR STAFF.

MAYBE I'M JUST MISSING IT.

WHEN WAS THIS, UM, SITE ZONED WITH THE NA IT WAS A CONVERSION FROM B THREE NA.

UM, THAT'S ALL I HAVE.

ANY OTHER COMMISSIONERS ON MY RIGHT? UM, QUESTIONS? COMMISSIONERS ON MY LEFT.

UM, COMMISSIONER SIPES.

UH, FOR ITEM NUMBER SEVEN, I AM MAKING A MOTION FOR A CONTINUANCE TO THE NOVEMBER 5TH MEETING.

SECOND WE MOTION, AND A SECOND ON THE FLOOR.

UM, ANY DISCUSSION? COMMISSIONERS ON MY LEFT? COMMISSIONERS ON MY RIGHT.

COMMISSIONER BUSTA MONTE AYE.

AND MADAM CHAIR? YES.

[01:05:20]

GOOD AFTERNOON

[8. 19-7612 (Continued from 10/01/19) ZONING CASE Z-2019-10700207 CD (Council District 2): A request for a change in zoning from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Auto Rental on 0.3535 acres out of NCB 495, located at 1403 North Pine Street, 1405 North Pine Street and 527 Duval. Staff recommends Denial, with an Alternate Recommendation. (Associated Plan Amendment PA-2019-11600059) (Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department)]

COMMISSIONERS.

PATRICIA FRANCO ZONING LOCATED AT 1403 NORTH PINE STREET, 1405 NORTH PINE STREET AND 5 27 DUVAL.

ITEM EIGHT 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.

FOUR RETURNED IN FAVOR, ZERO IN OPPOSITION.

AND THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.

THE CURRENT R FIVE SINGLE FAMILY RESIDENTIAL DISTRICT IS APPROPRIATE FOR THE PROPERTY AND THE SURROUNDING AREA.

STAFF.

STAFF FINDS EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST.

THE PROPOSED C TWO IS AN OVERLY INTENSE COMMERCIAL DISTRICT FOR AN ESTABLISHED SINGLE FAMILY NEIGHBORHOOD.

SMALLER SCALE COMMERCIAL SUCH AS NC NEIGHBORHOOD COMMERCIAL OR C ONE LIKE COMMERCIAL WOULD BE MORE APPROPRIATE IN RELATION TO EXISTING RESIDENTIAL STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT.

THANK YOU ALL FOR HAVING ME HERE TODAY.

UH, WE'RE TRYING TO BUILD AN ART GALLERY SLASH AN EXOTIC CAR RENTAL.

UM, I'VE BEEN HERE THROUGH ZONING, UH, TWO WEEKS AGO AND I WENT THROUGH PLANNING, UH, PLANNING WAS, UH, APPROVED.

UH, WE TALKED TO ALL THE NEIGHBORS SURROUNDING, UM, THEY WERE IN SUPPORT OF C TWO AND WHAT WE'RE GOING TO BUILD OVER THERE.

AND WITH THE, UH, DEVELOPMENT OF WHAT WE ARE GOING TO DO AS FAR AS THE PROPERTY LINES, THE WALLS THAT PROTECT THE SOUND FROM THE TRAIN AND ALL THAT.

UM, MAIN REASON THE C TWO HELPS US, UH, TO, UH, ACTUALLY HAVE THE, THE FRONT PARKING INSTEAD OF IN THE BACK.

AND, UH, DUVAL STREET IS A WAY TOO, TOO NARROW FOR US TO DRIVE ON.

SO WE PREFER TO HAVE IT IN THE BA IN THE FRONT.

UH, QUESTIONS TO ME.

UM, WE MIGHT IF YOU'LL STAY NEARBY.

GOOD AFTERNOON COMMISSIONERS.

UH, ANYONE SIGNED UP TO SPEAK NOW? MS. ROSE HILL, .

MY NAME IS ROSE HILL, PRESIDENT OF GOVERNMENT HILL ALLIANCE.

UH, WE ARE IN SUPPORT OF THE PROJECT, UH, AT THAT SAME LOCATION THERE.

WE USED TO BE A TV COMMERCIAL SHOP.

THEY BUILT TVS LONG TERM BACK IN 1920.

AND THEIR LAYOUT, IF YOU GO BACK AND CHECK, IS SOMETHING SIMILAR TO WHAT THEY HAD.

UH, THE OTHER THING IS THAT, UH, THE NEIGHBORHOOD IS IN SUPPORT OF IT ALL THOSE, CAN YOU PUT THAT BACK UP AGAIN? I WANNA SHOW YOU SOMETHING.

ALL THOSE HOUSES ARE ON THE SIDE IN THE BACK HAVE HAD ONE BIG PROBLEM THERE.

DRUG PEOPLE, NEEDLES.

UH, RIGHT NEAR BECAUSE IT'S RIGHT NEAR THE TRACKS.

UH, THAT PROPERTY'S BEEN VACANT FOR OVER 30 YEARS.

UM, THERE'S BEEN NO DEVELOPMENT THERE WHATSOEVER.

AND, UH, SOMEBODY'S ALWAYS JUMPING OVER THOSE PEOPLE'S FENCES AND GETTING THROUGH YARDS AND STEALING THE THINGS BY THIS.

ONE OF THE THINGS THAT, UH, WE, WE LOOKED AT WAS SAFETY.

UH, HE'S GONNA PUT UP A FENCE ALL AROUND THE PERIMETER.

HE'S GONNA PUT A WALL UP, UH, SORT OF, KIND OF LIKE A, UH, SO THAT THEY CAN JUMP OVER AND ELIMINATE A LOT OF THE CRIME THAT'S BEEN HAPPENING.

THERE'S BEEN A LOT OF CALLS AND YOU CAN'T EVEN WALK ON THAT PROPERTY, UH, WITHOUT SEEING A BUNCH OF, UH, NEEDLES.

AND IT'S BEEN REALLY SAD.

THERE'S CHILDREN THAT, UM, THAT COME RIGHT ACROSS THE, THEY GO TO BOWDEN AND UH, SO IT'S REALLY, IT'S REALLY A DANGEROUS SPOT.

AND EVERY TIME YOU PASS BY, THERE'S SOMEBODY DRINKING BEER BOTTLES EVERYWHERE.

AND BY THIS IT'S GONNA ELIMINATE THE CRIME, CLEAN UP THE NEIGHBORHOOD, HE'S GONNA DO LANDSCAPING.

UM, AND SO IT, IT'LL BE, IT'LL, IT'LL BRING SOME BEAUTY TO THE NEIGHBORHOOD.

IT'LL REDUCE CRIME AND IT'S GONNA BE HELP THE NEIGHBORS.

ONE OF THE THINGS THAT WE DID, UH, EMPHASIZE TO HIM THAT WE WANTED TO MAKE SURE THAT HE CONTACTED EVERY SINGLE PERSON.

SO HE BLOCK WALKED AND TALKED TO EVERY SINGLE HOUSE ON THAT THING.

I WANTED TO KNOW HOW THEY FELT.

IT'S NOT HOW, WHAT WE FELT AS, AS A NEIGHBOR ASSOCIATION, BUT HOW THEY FELT ABOUT IT.

AND THEY FELT THAT IF HE WAS GONNA HELP THEM WITH THE PROBLEMS, ISSUES THAT THEY WERE HAVING, THEN THEY WERE IN SUPPORT OF THIS.

SO THEREFORE WE ARE IN SUPPORTIVE OF THIS PROJECT.

ANYBODY ELSE? THAT'S ALL, MA'AM.

ALRIGHT, COMMISSIONER TOSEN.

ON THE USES, THE, THE AMOUNT OF USES THAT C TWO COMES WITH.

UH, AND THANK YOU SO MUCH FOR, UH, COMING ON BEHALF OF THE, UH, ASSOCIATION.

UH, IT'S GOOD TO HEAR THAT THIS PARTICULAR PROJECT WILL BRING SOME TYPE OF VITALIZATION TO THE NEIGHBORHOOD AND, AND HOPEFULLY HELP, YOU KNOW, KIND OF REDUCE SOME OF THE ISSUES THAT ARE SURROUNDING.

UM, KIND OF LOOKED AT THIS PARTICULAR PROJECT FOR A WHILE NOW, UH, SINCE OUR LAST, UH, SESSION.

UM, AND I UNDERSTAND STAFF'S, UH, RECOMMENDATION FOR DENIAL, UH, BASED

[01:10:01]

UM, BUT BEFORE I MAKE A MOTION, I'M GONNA JUST ASK MY FELLOW COMMISSIONERS FOR ANY COMMENTS.

SURE.

UM, ANY, UM, UH, QUESTIONS? UH, COMMISSIONERS ON MY RIGHT.

UH, UH, COMMISSIONER ROMERO.

OH, YOU MOVED YOUR HAND LIKE THIS.

COMMISSIONER LOOK, THAT'S A REAL HAND.

COMMISSIONER MCDANIEL QUESTION FOR THE APPLICANT, PLEASE.

WELL, HE'S COMING UP TO THE PODIUM.

I DO WANT HIM TO CLARIFY.

WE UNDERSTOOD THERE WAS A REVISED SITE PLAN 'CAUSE THE ONE I JUST SAW WAS NOT THE ONE THAT WE RECENTLY SAW, SO I JUST NEED THAT CLARIFICATION.

WE'LL MAKE COPIES AND PASS IT OUT.

MERCEDES, CAN YOU TAKE IT AND MAKE SOME COPIES FOR THEM PLEASE? THANK YOU.

MONDAY, MONDAY THROUGH SATURDAY.

CAN YOU JUST TELL ME A LITTLE BIT MORE ABOUT WHAT THEY'VE DESCRIBED AS FENCING AROUND THIS PROPERTY? WHAT KIND OF FENCING ARE YOU PLANNING ON? UM, ALONG THE, THE SIDE WHERE WE SHARING WITH THE NEIGHBORS, WHICH IS IF YOU LOOK AT THE PROPERTY FROM THE STREET, THE RIGHT SIDE AND THE BACKSIDE, WE WERE PLANNING TO BUILD A BRICK WALL.

UM, I MEAN, WE, WE WERE GOING TO, TO PUT ANY FENCE THE NEIGHBORS WILL BE OKAY WITH, BUT, UH, THE BRICK WALLS WILL BE HELPFUL WITH THE TRAIN NOISE THAT HAD BEEN TAKEN FOR YEARS OVER THERE.

UH, AND REDUCE THE SOUND AT NIGHT AND DURING THE DAY AS WELL.

AND WHAT ARE YOUR HOURS OF OPERATION FOR THIS BUSINESS? IT'LL BE PROBABLY NINE TO FIVE.

AND IT'S NOT GONNA BE HIGH TRAFFIC.

UH, WE ONLY GONNA HAVE TWO OR THREE CARS MAX FOR THAT.

MONDAY THROUGH SATURDAY.

MONDAY THROUGH FRIDAY.

YES MA'AM.

HOW MANY CARS WOULD YOU HAVE ON THIS PROPERTY? THREE CARS.

I THINK MAX, AN EXOTIC CAR IS NOT GONNA BE ANYTHING, UH, WITH HIGH TRAFFIC.

SO ARE YOU, WHAT, WHAT KIND OF A BUILDING ARE YOU CONSTRUCTED? THEN? I BROUGHT AN EXAMPLE OF, UH, OF THIS TYPE OF BUILDING THAT WE'RE VISIONING AND I HAVE THIS IN THAT STYLE, VERY MODERN, VERY CLEAN.

THAT'S WHAT WE HAVE IN MIND FOR THE DEVELOPMENT IN THAT LOT.

MY CONCERN IS JUST THAT YOU'RE GOING TO MAINTAIN THAT AS A SINGLE STORY STRUCTURE, NOT GOING UP AS C VALUE TO DO, UH, UH, WE'RE ASKING FOR C TWO, BUT WE ARE, YEAH, WE'RE GOING TO MAKE SURE THAT IT STAYS SAME LEVEL.

ANY OTHER COMMISSIONERS ON MY RIGHT? QUESTIONS? UH, COMMISSIONERS ON MY LEFT.

ANY QUESTIONS? COMMISSIONER GIBBONS? UH, SO TO STAFF, I'M, I'M CURIOUS ON THE HISTORY OF IT.

'CAUSE YOU SAY IT WAS ORIGINALLY ZONED A RESIDENT DISTRICT, BUT ROSE SAID THAT THERE WAS A BUSINESS THERE.

MAYBE THAT WAS A BUSINESS OUT OF THE HOUSE AT THE TIME.

SO IT WAS NEVER, IT WAS NEVER ZONED COMMERCIAL.

IT WAS ALWAYS ZONED RESIDENTIAL.

IT COULD BE THAT IT WAS PART OF THE 38 OR THE 65 CODE WHERE IT WAS MORE ABOUT THE CUMULATIVE ZONING.

SO THEY COULD STILL HAVE A COMMERCIAL TYPE OF USE EVEN THOUGH THEY HAD A RE RESIDENTIAL ZONE.

'CAUSE YOU COULD HAVE PART OF THE ORIGINAL 36 SQUARE MILES.

SO THAT WAS IN ALMOST AN ALL ENCOMPASSING, UH, SINGLE DISTRICTS.

A, B, C.

THOSE WERE THE SIMPLE DAYS, WEREN'T THEY? UM, IT WAS JUST A, A CONVERSION, BUT IT WAS A, WHICH WAS ALWAYS, UH, I WAS LOOKING AT THE WRONG THING.

IT'S, UH, IT WAS ALWAYS RESIDENTIAL DIS AN A CONVERTED TO RESIDENTIAL.

THEN, UM, WHAT'S THE BUFFER THAT THIS COMMERCIAL WOULD HAVE TO HAVE, I GUESS, AND THOSE ARE SUCH A MISHMASH OF, I GUESS THOSE ARE HOUSES.

SO COULD YOU EXPLAIN TO ME THE, THE BUFFER THAT WOULD BE NEEDED THEN IF IT'S A COMMERCIAL TO, THIS LOOKS LIKE A RESIDENTIAL.

I'M GONNA, THAT'S FACING

[01:15:01]

BROOKS AND PINE.

AM I LOOKING AT THE RIGHT ONE? YEAH, BROOKS AND PINE, BECAUSE IT'S C TWO AND IT'S, UM, RIGHT UP AGAINST SINGLE FAMILY RESIDENTIAL.

THERE WILL BE A SETBACK REQUIREMENT FROM THE STRUCTURE TO THE PROPERTY LINE OF 30 FEET.

AND A TYPE A BUFFER WOULD ALSO BE REQUIRED.

AND IT COULD BE, UH, I THINK IT'S 15 FEET, BUT IT'S INCLUSIVE IN THE 30 FOOT DISTANCE FROM THE STRUCTURE TO THE PROPERTY LINE.

SO FROM THAT PROPERTY LINE.

UM, ALRIGHT.

I JUST HAVE A QUESTION FOR THE APPLICANT, MA'AM.

SO YOU'RE OKAY.

YOU, YOU UNDERSTAND THAT THERE'S A BUFFER THAT YOU'RE GONNA LOSE SOME LAND TO DEVELOP ON AT THAT POINT? YES, MA'AM.

I, I WENT OVER THE PROJECT WITH THE PLANNING AND ZONING, UH, DEPARTMENT AND THEY EXPLAINED ME THERE NEEDS TO BE 30 FEET FROM EACH SIDE OF THE RESIDENTIAL, UH, WHICH WORKS EVEN BETTER FOR US.

THIS WAY IT DOESN'T BOTHER THE, THE RESIDENCE OR IT'S NOT TOO CLOSE BY OR THAT, SO WHERE IS YOUR FENCING GOING? ON THE PROPERTY LINE OR, OR AWAY FROM OR WHERE YOUR BUFFER STARTS? UH, WE GONNA BUILD IT ON THE PROPERTY LINE, BUT THE BUILDING WILL BE AWAY TOWARDS THE TRACKS.

RIGHT ON THE TRACKS.

REALLY? OKAY.

YEAH, ON THE TRAIN TRACKS.

UM, AND THEN IS THAT A DRIVEWAY THAT'S ALREADY EXISTING ON THE PROPERTY? UM, THE PROPERTY IS ELEVATED FROM THE STREET.

I WOULD SAY MAYBE ANOTHER, AT LEAST FIVE FEET EL ELEVATION.

AND IT'S STEEP.

SO THERE IS A, IF YOU CAN BRING A PICTURE THERE, THERE IS AN ON LITTLE DRIVEWAY GOING ON ON ONE OF THE LOTS.

UM, AND THEN, LIKE I SAID EARLIER ON DUVAL STREET, IS IT, IT'S, WE CAN'T USE DUVAL STREET AT ALL.

IT'S UNSAFE.

I KNOW.

IS THAT A ACTUAL STREET OR IS THAT IT'S JUST A, A TRASH PICKUP.

WHAT IS THAT? IT'S A, IT'S A, IT'S A STREET, BUT THE, LIKE A COW PATCH? YEAH, I MEAN COW TRAIL OR SOMETHING.

IT'S AN OLD PAPER STREET.

BUT THE TRASH, THEY DON'T PICK UP THE TRASH ON THAT STREET.

THE NEIGHBORS ACTUALLY HAVE TO BRING IT TO THE FRONT.

THAT'S A HOW OFTEN DOES THE TRAIN GO THERE? UM, WHAT I, I UNDERSTAND.

MAYBE TWICE AN HOUR OR ONCE AN HOUR, SOMETHING LIKE THAT IN THE RUSH HOUR.

TRAFFIC .

THAT'S ALL MY QUESTIONS.

THANKS.

I JUST WANNA CLARIFY A COUPLE OF THINGS FOR THE RECORD.

THE SIDE SETBACK IS GOING TO BE 10 FEET.

THE REAR SETBACK IS 30 FEET AND THE TYPE OF BUFFER IS A TYPE B, WHICH IS 15 FEET.

UM, ANY, UH, QUE OTHER QUESTIONS? COMMISSIONERS ON MY LEFT? OKAY.

UM, COMMISSIONER TOSEN.

UH, THANK YOU ALL FOR, UM, THE, UM, INFORMATION AND FEEDBACK.

UH, I, I'M GONNA GO WITH, UM, RECOMMENDATION TO APPROVE, UM, THIS PARTICULAR, UM, PROJECT.

UM, SECOND.

WE HAVE A, A MOTION FOR APPROVAL WITH A SECOND ON THE FLOOR.

UM, ANY DISCUSSION? COMMISSIONERS ON MY LEFT.

COMMISSIONER GREATHOUSE? I THINK IT WAS A MOTION FOR APPROVAL OF ITEM EIGHT.

THANK YOU .

UH, ANY OTHER DISCUSSION? COMMISSIONERS ON MY LEFT? UH, DISCUSSION COMMISSIONERS ON MY RIGHT.

UM, ROLL CALL, VOTE PLEASE.

COMMISSIONER MCDANIEL? NO.

NUMBER Z 2 0 1 9 DASH ZERO 700 HUNDRED 208 LOCATED AT 7 1 4 VANCE JETSON VANCE JACKSON ROAD IS A REQUEST TO CHANGE THE ZONING FROM R FOUR TO R FOUR CD WITH A CONDITIONAL USE TO ALLOW FOR HARDWARE SALES.

[9. 19-7530 (Continued from 10/01/19) ZONING CASE Z-2019-10700218 CD (Council District 1): A request for a change in zoning from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for Hardware Sales on Lot 13, Lot 14, Lot 15 and Lot 16, Block 33, NCB 8430, located at 714 Vance Jackson Road. Staff recommends Approval. (Mercedes Rivas, Senior Planner, (210) 207-0215, Mercedes.Rivas2@sanantonio.gov, Development Services Department)]

30 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET

[01:20:01]

WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.

AND THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR, FAVOR.

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 I'M NOT SURE IF THE APPLICANT IS PRESENT.

MY NAME IS REYNA SIMS. I AM THE, UH, FOUNDER AND OWNER OF THIS, UH, NEW BUSINESS.

I'M STARTING, UH, IT'S GONNA BE MORE OF A, UH, FLOOR COVERING SHOWROOM SO CLIENTS WILL HAVE THE ABILITY TO COME IN WITH THEIR CUSTOMERS AND MAKE THEIR FLOORING SELECTIONS.

UM, OUR BUSINESS HOURS ARE GONNA BE 8:00 AM TO 5:00 PM MONDAY THROUGH FRIDAY.

WE MAY HAVE QUESTIONS.

IS THERE ANYONE SIGNED UP TO SPEAK? NO, MA'AM.

UM, COMMISSIONER, UM, GREATHOUSE, THANK YOU.

UM, THIS QUESTION'S FOR STAFF.

UM, WHAT ARE THE CONDITIONS THAT ARE AVAILABLE IN, IN ADDITION TO THE, UM, RESIDENTIAL ONES THAT, UH, APPLY TO THE RESIDENTIAL BASE? YOU COULD DO, UM, ALTER THE HOURS OF OPERATION.

YOU COULD HAVE ADDITIONAL SCREENING BUFFERING.

UM, SIGNAGE IS ANOTHER ONE THAT YOU COULD DO.

UM, WHICH, WHICH WHAT I MEAN BY SIGNAGE, I MEAN LIMITING SIGNAGE.

UH, SO THOSE ARE JUST A HANDFUL OF ADDITIONAL CONDITIONS THAT YOU CAN CONSIDER IN ADDITION TO THE ONES THAT AUTOMATICALLY APPLY.

AND WHAT ARE THE AUTOMATICALLY APPLIED ONES? UM, SO IT IS THE HOURS OF OPERATION OR LIMITED, AND THIS FOUND IN THE, SHOULD HAVE BEEN THE STAFF REPORT.

THERE SHALL BE NO EXTERIOR DISPLAY OR SIGN WITH THE EXCEPTION OF THAT, OF A NAMEPLATE NOT EXCEEDING THREE SQUARE FEET.

AN AREA MAY BE PERMITTED WHEN ATTACHED TO THE FRONT OF THE MAIN STRUCTURE.

NO CONSTRUCTION FEATURES SHALL BE PERMITTED, WHICH WOULD PLACE THE STRUCTURE OUTTA CHARACTER WITH THE SURROUNDING RESIDENTIAL NEIGHBORHOOD.

AND THE BUSINESS HOURS OF OPERATION SHALL NOT BE PERMITTED BEFORE 7:00 AM OR AFTER 6:00 PM AND THAT'S SEVEN DAYS A WEEK.

I DON'T HAVE ANY FURTHER QUESTIONS.

UM, ANY, UH, QUESTIONS? COMMISSIONERS? AM I RIGHT? UM, COMMISSIONER MCDANIEL QUESTION FOR STAFF WITH THIS CONDITIONAL USE, IS THERE A REQUIREMENT FOR PARKING? SO THE PARKING REQUIREMENTS FOR A SINGLE FAMILY DWELLING ARE ONE SPACE PER UNIT.

AND THE MINIMUM PARKING REQUIREMENTS FOR SALES BUSINESS IS ONE PARKING SPACE PER 300 SQUARE FOOT OF GROSS FLOOR AREA.

SO HOW MANY WOULD THEY NEED FOR THIS SPOT? I DON'T HAVE THE DIMENSIONS OF THE GROSS FLOOR AREA OF THE PROPERTY TO FIGURE THAT OUT BECAUSE IT'S NOT ON THE SITE PLAN, BUT PERHAPS THE APPLICANT HAS THAT INFORMATION.

RIGHT NOW IT HAS THE APPLICANT.

SO THE, THE SHOWROOM'S GONNA BE ABOUT FOUR 50 TO FIVE 50 SQUARE FEET.

I DON'T KNOW IF I CAN, IF I CAN POINT IT ON THE, OKAY.

I USE THIS.

SO PRETTY MUCH, UM, IF YOU'RE LOOKING AT WEST WILDWOOD, WHERE THE, THE CURVE ON LOT 16.

SO IF YOU SPLIT THAT, IF YOU GO, IF YOU TAKE THAT LINE ALL THE WAY DOWN, UM, THAT'S GONNA BE, THAT'S GONNA BE THE SHOWROOM.

SO IT'S AGAIN, ABOUT 650 SQUARE FEET.

WE DID ADD, UH, JUST RECENTLY ABOUT 2,800 SQUARE FEET OF, UH, CONCRETE FOR PARKING.

SO THERE'S ENOUGH PARKING, UH, TO PARK AT LEAST FIVE VEHICLES.

SO I'M JUST TRYING TO UNDERSTAND, SO THE SHOWROOM IS ACTUALLY GONNA BE WITHIN THIS HOUSE OR WITHIN THE GARAGE STRUCTURE AREA? NO, WITHIN THE HOUSE.

YOU GONNA RESIDE THERE AT THE SAME TIME? YES.

ARE

[01:25:01]

SO TO ANSWER YOUR QUESTION, IT'S TWO SPACES FOR THE SHOWROOM AND ONE SPACE FOR THE RESIDENTIAL UNIT.

COMMISSIONER ROMERO? UM, YEAH, I I DON'T THINK I'VE EVER SEEN A CONDITIONAL USE FOR A HARDWARE STORE AND A RESIDENTIAL, SO I JUST WANTED TO GET A LITTLE MORE INFORMATION ON THAT.

UM, 'CAUSE 'CAUSE A LOT OF TIMES WE, WE JUST GET, UM, THIS RECOMMENDATION OF DENIAL BECAUSE SOMETHING WOULD IMPACT THE RESIDENTIAL NATURE OF A NEIGHBORHOOD.

AND SO I I WOULD JUST LIKE TO TRY AND UNDERSTAND A LITTLE BIT MORE WHY THIS ONE IS BEING APPROVED.

IS IT BECAUSE IT'S C TWO ACROSS THE STREET OR 'CAUSE IT'S ON A CORNER? UM, I, I JUST DON'T REALLY UNDERSTAND.

I, AGAIN, I, I'VE JUST NEVER SEEN ANYTHING LIKE THIS BEFORE.

SO THE, UM, THE CLOSEST USE IN THE TABLE IS HARDWARE SALES.

HARDWARE SALES.

BUT SHE IS DOING FLOOR COVERING, WHICH IN GENERAL HAS A LESSER, UM, YOU KNOW, IT'S USUALLY EITHER BY APPOINTMENT OR YOU DON'T HAVE A LOT OF FOOT TRAFFIC UNLESS YOU'RE A BIG FLOOR COVERING STORE.

AND THESE, UH, SHE'S PROPOSING TO DO BY APPOINTMENT.

AND SO BECAUSE IT WAS THE CLOSEST USE IN THE MATRIX AND THE NATURE OF THE ACTUAL BUSINESS, THAT WAS ONE OF THE REASONS.

AND ALSO THE FACT THAT THERE IS SOME C TWO ACROSS, BUT IT WAS VERY IMPORTANT ESPECIALLY TO KEEP THE BASE.

SO WE SPOKE TO HER A LOT ABOUT THAT.

UH, SO SHE'S KEEPING THE BASE AND DOING THE COMMERCIAL, UH, THE CONDITIONAL USE, UH, WHICH SHE UNDERSTOOD COULD, UH, REQUIRE ADDITIONAL CONDITIONS.

AND I GUESS I MISSED WHEN YOU SAID THE CONDITIONS, BUT THEY WOULD, THEY WOULD PRECLUDE ALL THE OTHER THINGS YOU COULD DO WITH A CONDITIONAL USE FOR A HARDWARE STORE.

THE USE ITSELF IS A HARDWARE, HARDWARE STORE.

SO TECHNICALLY IF I GET, IF SHE WANTED TO SELL SOME TOOLS FROM THERE, SHE COULD DO SO IN THE 650 SQUARE FEET THAT SHE'S SPECIFYING.

UM, WHICH SHE HAS TOLD US THAT IS FLOOR COVERING.

UH, THE CONDITIONS ARE THE ONES THAT I DID NOTE FROM BEFORE, WHICH ARE THE, UM, KEEPING THE RESIDENTIAL CHARACTER THE NAME PLATE OF ONLY, UM, THAT CERTAIN SIZE IN THE HOUR OF OPERATIONS, NO EARLIER THAN SIX OR, UH, NO EARLIER THAN 7:00 AM AND NO LATER THAN 6:00 PM THERE CAN BE ADDITIONAL CONDITIONS IF YOU WOULD LIKE, UH, REGARDING TEMPORARY SIGNAGE OR ANY OF THOSE OTHER THINGS.

BUT THAT ACTUALLY IS ALREADY COVERED BECAUSE SHE CANNOT CHANGE THE RESIDENTIAL CHARACTER OF THE, OF THE SITE UNDER THE CURRENT CONDITIONS.

AND I, I MEAN, IT, IT SEEMS LIKE THIS IS A SAMPLE SHOWROOM AND YOU JUST GO AND YOU LOOK AT SAMPLES.

BUT WHAT, WHAT WOULD STOP IT FROM BECOMING A PLACE WHERE YOU GO PICK UP THE SUPPLIES? THE SITE PLAN IS GONNA HOLD HER TO THE 650 SQUARE FEET.

IF SHE NEEDS TO MODIFY THAT AND EXPAND THE SPACE, THEN IT WOULD BE ANOTHER REZONING OR MODIFYING THE, THE SITE PLAN.

MR. MCD, YOU HAD SOMETHING ELSE? YES.

SO NOW I NEED A CLARIFICATION BECAUSE THE ADDRESS OF THIS CASE IS SEVEN 14 VANS JACKSON, BUT I UNDERSTOOD THAT THE SHOWROOM IS ACTUALLY GOING TO BE THE HOUSE WHICH FACES WILDWOOD.

I'M SORRY, CAN YOU REPEAT THAT? OKAY, SO THE CASE IS SHOWING SEVEN 14 VANS JACKSON AS THE ADDRESS OF THE CONDITIONAL USE.

BUT THE APPLICANT HAS SAID THE SHOWROOM IS ACTUALLY GOING TO BE WITHIN THE HOUSE, WHICH FACES WILDWOOD.

SO I MEAN, LOCATIONALLY, WE COULD, WE COULD ADD BOTH ADDRESSES IN THERE, BUT IN GENERAL IT'S JUST FOR, FOR, UH, LOCATIONAL VERIFICATION.

BUT EVERYTHING ELSE IS CORRECT.

THE LOT 13, LOT 14, LOT 15, LOT 16.

SO, UM, WE CAN, UH, INCLUDE BOTH ADDRESSES OR JUST AMEND TO WEST WILDWOOD.

SO I THINK WHAT, WHAT YOU'RE, WHAT I'M HEARING IS THAT MAYBE THE HOUSE FRONT ENTRY DOOR FACES WILDWOOD, BUT THE STRUCTURE ITSELF IS ADDRESSED OFF OF VANCE JACKSON.

SO IF THE, IF, IF WE WANNA BE RESTRICTIVE AS TO HOW MUCH AND WHERE IT HAS TO BE SHOWN ON THE SITE PLAN, AS CHRISTIE WAS SAYING, WHERE THE SQUARE FOOTAGE IS AND WHERE THAT LOCATION IS.

THE RESIDENTIAL HOME, AND THAT IS THE SHOWROOM FLOOR IN AND FACING ANOTHER RESIDENTIAL NEIGHBOR, THEN THAT'S AN ISSUE FOR ME.

BUT AGAIN, THE APPLICANT IS SAYING THE HOUSE IS THE SHOWROOM.

SO, SO FOR ME, I'M NOW LOOKING AT A RESIDENTIAL HOUSE THAT'S GONNA BE OPERATING AS A COMMERCIAL BUSINESS.

IF IT WERE ADDRESSED ON VANS JACKSON, AND THAT IS WHERE THE LOCATION OF THE BUSINESS WAS, I MIGHT BE MORE INCLINED TO SUPPORT THAT.

BUT IF IT'S INDEED THE ACTUAL ADDRESS OF THE HOME,

[01:30:01]

SO I, I, SO I THINK THE USE IS STILL IN THE SAME LOCATION AS JUST ADDRESSED ON VINCE JACKSON.

THE HOUSE IS ADDRESSED ON VINCE JACKSON.

THEN WHY DOES IT SAY WEST WILDWOOD ON THE SURVEY OR WHATEVER THIS IS BECAUSE IT'S A CORNER LOT.

ALRIGHT, UM, COMMISSIONERS ON MY LEFT, QUESTIONS COMM COM.

UH, COMMISSIONER GREATHOUSE, UM, I HAVE AN ADDITIONAL QUESTION FOR STAFF.

UM, SO AGAIN, WHY ARE WE DOING HARDWARE SALES AND NOT FLOOR COVERING? 'CAUSE IT APPEARS THERE IS A USE FOR FLOOR COVERING, CORRECT? I DON'T, WHEN WE FIRST LOOKED AT THIS, IT WAS, UH, HARDWARE SALES WAS THE CLOSEST USE THAT WE COULD GET, UH, RELATED TO WHAT HER REQUEST WAS.

BECAUSE I SEE IN THE USE TABLE, RETAIL FLOOR COVERING RETAIL, IS THERE A REASON THAT WE ARE NOT DOING THAT? SO AT THE TIME OF THE DISCUSSION, FROM WHAT I CAN GATHER, 'CAUSE WE, WE, WE DO A STAFF, WE DO A STAFF PRELIMINARY LOOK TO DETERMINE WHAT THE USE WAS.

AND AT THE TIME OF THE INFORMATION THAT WE HAD WAS WAS, IT WASN'T JUST ABOUT FLOOR COVERING, THERE WERE OTHER INCIDENTAL THINGS THAT THEY WERE DOING RELATED TO JUST FLOOR COVERING.

SO THE CLOSEST USE WAS HARDWARE SALES.

UH, THIS IS A PROBLEM WITH OUR, OUR PERMITTED USE TABLE.

WE HAVE WAY TOO MANY USES THAT GET TOO, UH, CAUGHT UP IN THE, INTO THE WEEDS.

BUT HARDWARE DOES ALLOW FOR FLOOR COVERING SALES AND ANY OTHER INCIDENTAL ITEMS THAT ARE RELATED TO HOME IMPROVEMENT TYPE THINGS.

SO LIKE LUMBER AND NO, WE HAVE A SPECIFIC USE FOR LUMBER THAT IS A MORE INTENSE USE.

UM, COMMISSIONER GIBBONS.

OKAY, UH, TO THE APPLICANT, MAYBE YOU COULD DESCRIBE, IF I WERE TO COME TO YOUR HOUSE, WHAT AM I, WHAT AM I DOING WITH YOU WHEN I COME TO THE HOUSE? SO FIRST OF ALL, FOR YOU TO BE ABLE TO COME INTO MY HOUSE, YOU WOULD BE COMING IN WITH YOUR DESIGNER, WITH YOUR HOME BUILDER OR YOUR CONTRACTOR.

AND, UH, YOU WOULD BE COMING IN TO SELECT EITHER CARPETING, UM, HARDWOOD FLOORS, VINYL PLANKING IS REAL POPULAR RIGHT NOW.

UM, SOLID WOOD FLOORS, JUST ANYTHING THAT YOU CAN REALLY USE TO COVER YOUR FLOORS AND, UH, BATHROOM SHOWER WALLS, KITCHEN BACK SPLASHES, UM, AND JUST AGAIN, FLOOR COVERINGS.

CITY COMES ALONG AND IT DOES BECOME A DESIGNATED DRIVEWAY AND CURB THAT THE, SOME OF THAT PARKING'S GOING TO PROBABLY GO AWAY? I WOULD THINK SO.

SO, UH, SO I WOULD JUST ORDER THOSE MATERIALS FROM YOU AND THEN THEY'RE DELIVERED TO THE BUILDER OR CORRECT.

UM, OKAY.

SO I JUST HAVE A QUESTION THEN FOR STAFF.

I'M, I MEAN, IT SOUNDS LIKE YOU'RE TELLING ME THIS IS A COMMERCIAL, SEEMS LIKE A FUNNY GO AROUND R FOUR C, C D WHEN IT, THERE'S A BUSINESS, A COMMERCIAL BUSINESS HAPPENING HERE.

HELP ME, HELP ME PARSE THAT THE WAY YOU ARE SO THAT THAT'S WHAT THE CD IS ALLOWING FOR.

SO IT'S A CONDITIONAL USE, UH, SIMILAR TO WHEN WE DO PROFESSIONAL OFFICES, UM, WE DO, YOU COULD, YOU COULD DO THAT IN A RESIDENTIAL BASED DISTRICT WITH THE CONDITIONAL USE.

SO WHAT THIS IS ALLOWING IS FOR THAT SPECIFIC ONE USE, WHICH IS ALLOWED IN A LOWER, IN, IN A LOWER COMMERCIAL DISTRICT THAT YOU CAN CONDITION DOWN TO A RESIDENTIAL BASE DISTRICT SO YOU DON'T HAVE TO CHANGE THE BASE.

SO ESSENTIALLY IF APPROVED, WHAT THEY WOULD GET IS EVERYTHING ALLOWED IN THE RESIDENTIAL BASE, A HOUSE, FOR EXAMPLE, UH, PLUS THE HARDWARE SALES LIMITED TO THAT SQUARE FOOTAGE THAT'S APPROVED ON THE SITE PLAN.

I GUESS I JUST, I'M NOT SEEING HOW THAT'S A LIMITED USE.

IF I'M COMING IN AND I'M SELECTING TILE AND FLOORING AND ALL KINDS OF USES, I MAYBE WOULD DO, I MIGHT BE MORE COMFORTABLE IF IT WENT OFFICE AND IT WAS INTERIOR DESIGN, WHICH IT SOUNDS LIKE SHE'S OFFERING MAYBE THAT, BUT IT JUST SOUNDS LIKE IT'S A RESIDENTIAL GO AROUND TO WHAT'S REALLY HAPPENING IS A COMMERCIAL BUSINESS HERE.

BUT, UM, I ALSO HAVE A QUESTION THEN ON THE STREET, I SEE THE STREET HAS NO CURB, NO SIDEWALK, WHAT WOULD HAPPEN AND, AND I REALIZE THAT YOU CAN USE, YOU CAN JUST PULL, PULL RIGHT UP, UP TO THE GRASS AND EVENTUALLY IT BECOMES A DRIVEWAY.

SO WHAT HAPPENS WHEN THE

[01:35:01]

I I I GET THE FEELING THAT YOU'RE ACCOMMODATING A BIT OF NOT DOING IT THE RIGHT WAY BY GOING R FOUR CD.

IT'S A COMMERCIAL, IT'S, IT'S A COMMERCIAL BUSINESS THAT'S HAPPENING THERE AND NOT A HOUSE.

SO I GUESS I'M, I'M NOT GONNA SUPPORT IT.

SO THE OTHER, I MEAN, THE OTHER OPTION THAT THE APPLICANT HAS IS THE REASON WHY YOU CAN REQUEST A RESIDENTIAL BASE IS, UM, NOT TO HAVE TO INCUR THE EXPENSE OF A PLAN AMENDMENT.

UH, BECAUSE THIS ALREADY HAS A, UH, LAND USE CLASSIFICATION OF URBAN LOAD DENSITY RESIDENTIAL COMMERCIAL DISTRICTS OR WOULD NOT BE A CONSISTENT ZONING DISTRICT.

SO AN OPTION THAT THEY CAN DO THROUGH THE ZONING PROCESS IS IN ORDER TO ACCOMPLISH THEIR PROJECT, WHICH IS THAT ONE COMMERCIAL USE, IS TO DO IT THROUGH A CONDITIONAL USE IN, IN A RESIDENTIAL BASE.

AND THAT'S THE OPTION THAT THEY'VE CHOSEN, WHICH DOESN'T REQUIRE THE PLAN AMENDMENTS.

BUT I GUESS I WOULD, I WOULD CONSIDER IF YOU WERE OKAY, A PSYCHOLOGIST OR COUNSELOR AND YOU'RE SEEING CLIENTS, THAT SOUNDS LIKE A ONE USE.

I'M NOT SEEING THE SALES OF MULTIPLE PRODUCTS AS ONE USE.

MAYBE THAT'S WHERE I'M AT.

UM, ANY OTHER COMMISSIONERS, UH, QUESTIONS ON MY LEFT.

UM, COMMISSIONER GREATHOUSE.

UM, SO I THINK WHEN THIS ORIGINALLY, UM, WAS SENT TO ME AND, AND IT HAD THE MORE LIMITED, UH, FURNITURE SALES AND FOR COVERINGS, THAT SEEMED TO BE A LITTLE MORE LIMITED.

UM, I'M SHARING SOME OF THE SAME CONCERNS, UM, AS THE OTHER COMMISSIONERS ALSO WAS NOT CLEAR.

I, I WAS EXPECTING THE, UM, COMMERCIAL ACTIVITY TO BE TAKING PLACE ON THE VANCE JACKSON SIDE, NOT NECESSARILY ON THE WILDWOOD SIDE, UM, BECAUSE THAT WAS NOT INDICATED IN THE, UM, ORIGINAL SITE PLAN.

SO I DO, I DO SHARE EVERYONE ELSE'S CONCERNS, UM, ON THIS.

UM, ALSO, UH, WHEN WE TALKED ABOUT THIS EARLIER TODAY, UH, I HAVE A, I UNDERSTAND THAT THIS IS HOW STAFF INTERPRETS IT, BUT I THINK THAT NOT ADDRESSING A CONDITIONAL USE IN THE, IN THE ANALYSIS OF WHETHER OR NOT THIS IS CONSISTENT WITH THE FUTURE LAND USE.

SO IF THE FUTURE LAND USE HERE IS URBAN LOAD DENSITY RESIDENTIAL, I DON'T THINK THAT HAVING A COMMERCIAL USE PUT IN THERE, REGARDLESS OF WHAT THE BASE IS, THAT'S NOT HOW THE PROPERTY'S BEING USED.

AND ZONING IS ALL ABOUT PROPERTY USE.

UM, AND SO I HAVE A, A MAJOR CONCERN WITH THAT PART OF THE ANALYSIS.

UM, THERE WAS ONE OTHER THING I WANTED TO SAY, BUT, UM, I, I, I'LL PROBABLY BE MAKING A RECOMMENDATION FOR DENIAL, BUT I, I WOULD LIKE TO OPEN IT UP TO EVERYONE ELSE TO HEAR THEIR THOUGHTS.

AND WHILE YOU MAY USE IT IN A CERTAIN WAY, SOMEONE ELSE MAY COME IN AND THEY MAY ABUSE THAT OR, YOU KNOW, TURN THAT INTO SOMETHING THAT REALLY IS INCONSISTENT WITH THE NEIGHBORHOOD COMMISSIONER WHITE.

ALRIGHT, UM, DISCUSSION, UH, COMMISSIONERS ON MY RIGHT, UH, COMMISSIONER ROMERO, I JUST AGREE WITH EVERYTHING THE COMMISSIONER JUST SAID, AND JUST BECAUSE YOU CAN PULL SOMETHING DOWN AS A CONDITIONAL USE DOESN'T MEAN YOU NECESSARILY SHOULD.

AND SO I, I WILL NOT SUPPORT, UM, THIS REQUEST.

COMMISSIONER SIPES AND I ALSO AGREE, UM, THERE ARE OTHER DOWN THE ROAD AS YOU GET CLOSER TO I 10, UH, COMMERCIAL USES THAT ARE OFF OF VANCE JACKSON.

AND THAT'S THE, THE BIG CATCH IS THAT EVEN THOUGH, UH, FOR EXAMPLE, REESE TILE SUPPLY, EVEN THOUGH IT'S A COMMERCIAL USE, IT LOOKS LIKE A HOUSE.

THE ACCESS IS OFF OF VANCE JACKSON.

AND I THINK IF THE, THE ACCESS WAS OFF OF VANCE JACKSON, IF IT WAS THE GARAGE AND A PORTION OF THAT, I COULD, I COULD UNDERSTAND THAT, BUT NOT WITH ACCESS OFF OF HILDEBRAND AS A COMMERCIAL SALES.

ANY, UH, DISCUSSION COMMISSIONERS ON MY LEFT? COMMISSIONER GREATHOUSE.

SORRY, I REMEMBERED WHAT I WAS GOING TO SAY AND, AND I, I DON'T, I THINK THAT WHAT YOU'RE DOING IS, THAT'S A GREAT IDEA.

MY BIGGEST CONCERN IS THE CLASSIFICATION, THE FACT THAT IT'S HARDWARE SALES BECAUSE THAT, YOU KNOW, WHILE WHAT YOU'RE DOING IS SEEMS TO BE SOMEWHAT MORE LIMITED, UM, THIS OPENS IT UP IF YOU SELL THE PROPERTY IN THE FUTURE TO, FOR SOMEONE ELSE TO COME IN AND TO MAKE IT A MORE INTENSE USE AND TO HAVE A LOT MORE SUPPLIES AND HAVE KIND OF CONTRACTORS COMING IN AND OUT AND PICKING THINGS UP VERSUS KINDA WHAT YOU'RE DOING IS MORE FOR THE SHOWROOM.

SO I'M NOT COMFORTABLE WITH IT LEAVING IT OPEN BECAUSE ZONING'S NOT JUST PERSONAL TO YOU.

[01:40:01]

YEAH, I JUST WANT TO SAY I'M IN AGREEMENT WITH THE OTHER COMMISSIONERS HERE BASED ON THE TECHNICALITIES OF, OF THIS PARTICULAR PIECE OF PROPERTY.

UM, BUT I DO WANT TO TELL YOU, UH, DON'T GIVE UP ON THIS.

I THINK WHAT YOU'RE DOING, UM, IS GREAT.

I ALWAYS ADMIRE PEOPLE THAT ARE LOOKING TO, UM, START BUSINESSES LIKE THIS.

IT TAKES A BUNCH OF HARD WORK EVEN JUST TO GET RIGHT HERE TO THE HEARING TODAY.

I KNOW YOU'VE BEEN IN THE PLANNING STAGES FOR A WHILE TOO, SO, UM, UM, KEEP AT IT AND I'M SURE, UH, THIS BUSINESS IS GOING TO, UH, TAKE OFF AT SOME POINT, UH, PROBABLY AT A DIFFERENT LOCATION.

COMMISSIONER, UH, HOUSE, UM, I HAVE A QUESTION FOR STAFF AND THEN POTENTIALLY FOR THE APPLICANT.

WOULD, WOULD THERE BE THE OPPORTUNITY TO AMEND THIS TO POTENTIALLY A PROFESSIONAL OFFICE? IT WOULD HAVE TO BE RENO AND START ALL OVER.

IS THAT, THAT IS ANOTHER FEE TO HER, CORRECT? YES.

IT'S NOT AS MUCH AS, UH, INITIATING A NEW CASE, BUT IT'S A LITTLE OVER $400.

UH, COMMISSIONER BUSANTE, YOU KNOW, I FIND THIS CASE TO BE ONE OF THE MORE DIFFICULT ONES, UM, IN PART BECAUSE EVEN THOUGH THE AXIS IS NOT DIRECTLY OFF OF VANCE JACKSON, I THINK GIVEN THE SIZE OF THIS LOT AND THE DISTANCE BETWEEN, OR RATHER THESE FOUR LOTS, EXCUSE ME, UM, AND THE DISTANCE BETWEEN THAT AND THEIR NEIGHBORS, UH, THE HOT TUB OUTDOOR STORAGE ACROSS THE STREET, THE CAR WASH CATTYCORNER, UH, THE TILE IMPORTER THAT COMMISSIONER SIPES PUT UP, UM, YOU KNOW, I, I THINK I WILL END UP SUPPORTING THE MOTION FOR DENIAL THAT I ANTICIPATE COMMISSIONER GREATHOUSE TO MAKE.

BUT I DO SO RELUCTANTLY AT BEST, UH, GIVEN THE SPECIFICS OF THIS SITE AND THAT UTIL THAT USE OF PROPERTY ACROSS THE STREET ON VANCE JACKSON IN PARTICULAR.

UH, I MEAN, IT'S FOR THE APPLICANT.

ANY OTHER DISCUSSION? COMMISSIONER GREATHOUSE? UM, THIS IS PROBABLY ONE OF THE MORE DIFFICULT CASES I THINK THAT WE'VE HAD.

UM, AND I JUST WANNA ASK STAFF IF, IF WE WERE TO, TO DENY THIS, WHAT IS, I DON'T WANNA MAKE, I DON'T WANNA, IF, IF SHE WANTS TO, TO AMEND THIS TO GO TO OFFICE, IF THAT WAS, UH, AN, AN OPTION.

IF WE DENY THAT, THEN THERE'S NO OPPORTUNITY FOR HER TO, WHEN AT WHAT POINT CAN SHE AMEND IF, IF SHE'S CHANGING THE REQUEST, SHE CAN DO THAT AT ANY TIME.

UM, AND IT STARTS ALL OVER IF SHE'S CHANGING THE REQUEST.

UM, SO, OR SHE CAN PROCEED IF THERE'S A RECOMMENDATION TODAY, SHE CAN PROCEED TO COUNSEL, UM, TO THE APPLICANT.

JUST ONE MORE QUESTION.

UM, WOULD YOU BE AMENABLE TO CHANGING THE REQUEST TO A PROFESSIONAL OFFICE USE? I I, SO I JUST WANNA BE SURE THAT WE'RE, WE'RE CLEAR.

THE COMMISSION IS RECOMMENDING AN OFFICE AND AN OFFICE MAY NOT GET HER WHAT SHE NEEDS.

SO IT'S, I THINK YOU'RE, YOU'RE, YOU'RE TRYING TO CHANGE THE NAME OF THE USE WHEN IT'S, IT'S STILL THE USE OF HARDWARE SALES.

IT'S, IT'S A COMBINATION OF FLOORING AND IT'S A COMBINATION OF THE FIXTURES AND OTHER TILE THINGS THAT SHE WANTS TO DO WITH THE BATHROOM.

IT'S STILL HARDWARE.

UM, IT, IT, AND IF IN THE SITE PLAN IT'S LIMITED TO THE SQUARE FOOTAGE, THAT SQUARE FOOTAGE IS THE SAME LIMITATION THAT ANY OTHER FUTURE OWNER WOULD HAVE.

THEY CAN'T EXPAND THAT USE BEYOND THE SQUARE FOOTAGE THAT'S SHOWN ON THE SITE PLAN.

LIMITING HER TO AN OFFICE USE IS, WILL NOT, WILL NOT GET HER WHAT SHE NEEDS FOR THE HARDWARE SALES OR LIKE A SHOWROOM.

IS THERE A USE, YOU'RE, YOU'RE, YOU STILL LAND THAT THERE, THE, THE USE THAT MOST CLOSELY ALIGNS WITH WHAT SHE WANTS TO DO? YES.

REGARDLESS OF THE FACT THAT SHE'S NOT THE SHOWROOM, SHE'S GONNA HAVE THE MATERIALS AND SUPPLIES THERE SO YOU CAN SEE IT.

SO THAT'S NOT AN OFFICE.

IT'S STILL HARDWARE SALES.

CAN, CAN, CAN THE ENTRANCE TO THIS BUSINESS BE CHANGED TO WHERE IT WOULD BE OFF FANS? JACKSON, GO TO GOOGLE MAPS SO WE CAN SEE WHAT THE SITE ENTRANCE LOOKS LIKE.

[01:45:21]

I MEAN, COULD, COULD, COULD THIS BE MODIFIED? I KNOW IT'S, I'M STARING AT A GARAGE RIGHT NOW, BUT IS THERE A WAY TO TO, TO, UM, YOU KNOW, DO A LITTLE CONSTRUCTION THERE OR SOMETHING SO THAT THE MAIN ENTRANCE COULD BE OFF OF VANCE JACKSON? THAT WAS THE INITIAL IDEA.

HOWEVER, UM, WE JUST FELT LIKE THAT WOULD LIMIT OUR PARKING BECAUSE THERE'S REALLY NO SPACE FOR PARKING THERE.

LIKE YOU WOULD BE COMING RIGHT OFF OF VINCE JACKSON AND, AND YOU DON'T HAVE ANYWHERE TO PARK IF COMING FROM VINCE JACKSON? OH, I THINK REGARDLESS OF WHERE THE PARKING IS, THE ADDRESS IS VEN JACKSON.

SHE COULD HAVE PARKING ON THE SIDE IF SHE WANTS TO, BUT AGAIN, THE ADDRESS IS VANCE JACKSON.

AND WHEN I LOOK AT THE, UH, BUSINESSES AROUND HER ADDRESS OF FANCE JACKSON, HER REQUEST SEEMS TO BE CONSISTENT.

UM, ANY OTHER DISCUSSION? COMMISSIONER MCDANIEL? I THINK THIS, THE BOTTOM LINE IS WE'RE BRINGING IN A COMMERCIAL USE HERE TO A RESIDENTIAL AREA.

UM, AND I JUST, I JUST CAN'T, I CAN'T SUPPORT THAT.

I, I WAS TRYING TO GET TO THERE BY MAYBE LOOKING AT A VANS JACKSON ENTRANCE, BUT IF YOU PUT PARKING IN FRONT OF THE HOUSE, YOU STILL HAVE COMING AND GOING.

YOU STILL HAVE COMMERCIAL TRAFFIC INTO THAT PROPERTY.

UM, AND I JUST FEEL LIKE IT'S INTENDED TO BE RESIDENTIAL AND, OKAY.

COMMISSIONER GIBBONS, UM, TO THE APPLICANT REAL QUICK.

SO WHEN THEY COME IN AND LOOK OVER YOUR MERCHANDISE, THEY'RE PLACING AN ORDER WITH YOU, BUT THEY'RE NOT GOING OUT THE DOOR WITH ANYTHING.

SO ARE YOU SAYING THAT IS CONSIDERED A SALE AND SHE CAN'T DO THAT UNDER OFFICE? A A PROFESSIONAL OFFICE IS IS LIKE, FOR EXAMPLE, UH, AN ACCOUNTANT, AN ATTORNEY REAL ESTATE, THO THOSE ARE, THERE'S, THERE'S NO SHOWROOM INVOLVED.

THERE'S NO MATERIALS THAT YOU'RE GONNA GO SEE, THERE'S NO, UM, DIRECT SALES DONE ON THE PROPERTY.

AS IN LIKE, I, I SEE, UH, AN ITEM, I WANT TO PURCHASE IT AND THEREFORE, UM, I'VE PURCHASED IT.

PROFESSIONAL OFFICE IS JUST ABOUT THE SERVICES THAT ARE RENDERED THROUGH THOSE TYPES OF USES.

IT'S NOT THE SAME AS HARDWARE SALES.

SO I DON'T KNOW.

IT'S, IF I AM AN OBSTETRICIAN AND I HAVE AN OFFICE THERE, YOU MIGHT LOOK AT GLASSES THERE AND, OH, ACTUALLY, UM, THOSE ARE MEDICAL USES WHICH HAVE A SEPARATE USE CLASSIFICATION.

A INTERIOR DIRECT DECORATOR STUDIO FALLS UNDER OFFICE.

SO CAN'T WE CLASSIFY THAT AT HER? SHE COULD REFILE AND COST YOU A LITTLE MORE MONEY AGAIN, AND THEN DO IT AS INTERIOR DECORATOR.

I MEAN, I DON'T KNOW HOW DOES THE COMMISSION FEEL ABOUT THAT? BUT THE ISSUE IS SHE'S STILL SELLING GOODS.

THE GOODS ARE THE FLOOR COVERING AND ALL OF THE OTHER THINGS THAT SHE, SHE MENTIONED RELATED TO THE BATHROOM, THOSE ARE OTHER FIXTURES.

IT'S STILL THE SELLING OF GOODS.

INTERIOR DECORATING IS, IS DIFFERENT.

INTERIOR DECORATING, BASICALLY WHAT YOU'RE SUPPOSED TO DO IS A SERVICE.

YOU GO THERE FOR SOME DESIGN WORK.

WELL, I, I MEAN, I SOUND LIKE I AM, I'M GOING IN THERE TO LOOK AT HER TILE AND SAY, YEAH, I REALLY LIKE THAT.

I THINK I'LL GO WITH THAT.

BUT SHE'S, SHE'S, WE'RE NOT WALKING OUT THE DOOR WITH ANY PARTICULAR ITEM.

SO IT'S JUST, IT'S CONSULTING AND I'LL ORDER THAT FOR YOU.

TO ME, THAT SEEMS MORE LIKE, UH, INTERIOR DESIGN, NOT THE SAME AS WHAT SHE'S DOING.

INTERIOR DESIGNERS ABOUT DESIGN.

NOT DELIVERED TO MY PLACE, BUT DELIVERED TO HER PLACE, IT'S BECOMES AN ENFORCEMENT ISSUE AGAIN, I THINK WE'RE TRYING TO, HOW DO WE ENFORCE ANYTHING? HOW DO WE ENFORCE THAT THE, THAT THEY STOPPED, YOU KNOW, THAT THEIR TIME IS EIGHT TO FIVE AND THEY CLOSE THEIR, THEIR DOORS AT FIVE O'CLOCK.

LET, LET'S JUST ASSUME THAT WHAT IF THE DELIVERY OF THE GOODS SHIPS IT TO HER PLACE? AND I AS A CLIENT NOW NEED TO GO PICK IT UP BECAUSE I DON'T HAVE A PLACE TO DELIVER TO, BUT I NEED TO PICK UP MY GOODS AND SERVICES.

IF IT, IF I WAS A C P A AND HAD A BUSINESS, I'D HAVE TO GO OVER TO THE C P A AND PICK UP MY, MY FILES.

BUT SHE'S SAYING THAT IT'S NOT DELIVERED TO HER, IT'S DELIVERED TO THE, THE BUILDER.

SO REALLY IT IS A, AN, IT REALLY IS A SHOWROOM.

TYPICALLY, YES, IT CAN BE DELIVERED TO THE PLACE THAT'S GOING TO HAVE IT CONSTRUCTED.

BUT HOW WE ENFORCE THAT, HOW DO WE ENFORCE THAT? OH, I'M JUST GOING, I'M GONNA CALL YOU AN INTERIOR DECORATOR BECAUSE I'M ONLY GETTING THE, THE SERVICES FOR ORDERING, UM, TILE, BUT I'M GONNA HAVE THE TILE DELIVERED.

HOW DO WE ENFORCE IF THE TILE'S

[01:50:01]

I MEAN, I DON'T THINK WE ALWAYS CAN, BUT TO ME IT DOES SOUND LIKE SHE, SHE COULD RUN IT AS AN OFFICE INTERIOR DESIGN AND YOU CAN ORDER THINGS.

NOBODY'S WALKING OUT AND NOBODY'S COMING BACK TO PICK UP ITEMS. BUT I WILL SAY, IT DOES SOUND LIKE IF YOU DID THAT, STAFF MAY SAY DENY .

I JUST HAVE ONE MORE KIND OF QUESTION SLASH MAYBE IT'S MORE OF A COMMENTARY, BUT THERE ARE A LOT OF THINGS THAT ARE CLASSIFIED AS SERVICE IN HERE.

PAWN SHOP, PICTURE FRAMING.

I WOULD PROBABLY, I MEAN, IF WE'RE SAYING THAT, YOU KNOW, IT'S A, IT'S A SERVICE VERSUS A RETAIL OF GOODS.

I THINK THERE'S QUITE A FEW THINGS THAT ARE CLASSIFIED AS SERVICES THAT I, THAT I WOULD QUESTION THAT TRAIN OF THOUGHT AND THAT ANALYSIS.

UM, BUT THAT SAID, I, I AM READY TO MAKE A MOTION.

COMMISSIONER GREATHOUSE .

SO, UM, RELUCTANTLY, UM, I'M GOING, GOING TO MAKE A MOTION FOR, UH, DENIAL OF ITEM NUMBER NINE.

I RELUCTANTLY SECOND.

WE HAVE A RELUCTANT MOTION FOR DENIAL WITH A RELUCTANT SECOND.

UM, IS THERE ANY DISCUSSION COMMISSIONERS ON MY RIGHT? UM, COMMISSIONERS ON MY LEFT.

COMMISSIONER TOSEN.

SO I KNOW WE'VE BEEN AROUND ABOUT ON THIS, BUT AGAIN, WITH TWO DR.

DRIVING LO UH, PARKING OUTSIDE THE GARAGE, YOU'RE SAYING THERE'S ABSOLUTELY NO WAY THAT THEY CAN PARK THERE AND ENTER INTO, UH, THE SHOWROOM, UH, FOR YOUR LOCATION? THAT'S A QUESTION TO THE APPLICANT.

IT'S ALREADY PAVED AND THERE'S A, A WAY IN RIGHT OFF OF VANCE JACKSON.

OKAY, WELL, OKAY.

WELL, I GUESS, UM, WE'VE MOVED .

YEAH, I THINK WE'RE OKAY.

WELL, MY PROBLEM ISN'T WHETHER IT WAS WILDWOOD OR THE OTHER STREET.

MY, MY ISSUE IS IT'S A COMMERCIAL.

THERE'S, THERE'S, THE WAY THAT SHE HAD IT HAS IT CATEGORIZED AS HARDWARE.

IT SOUNDS LIKE A COMMERCIAL BUSINESS BEING DONE IN A HOUSE AND YOU'RE ONLY, AND STAFF SAID, GO AHEAD AND DO R FOUR CD.

AND I DON'T THINK THAT WAS THE RIGHT WAY TO DO IT.

I WOULD'VE DONE OFFICE AND INTERIOR DESIGN.

AND YOU MAY BE ABLE TO DO THAT AGAIN.

THEY MAY DENY IT.

WE MAY ALL APPROVE IT.

UM, ANY, UH, UH, DISCUSSION? COMMISSIONER WHITE.

I'M SORRY.

OH, YOU WERE OKAY.

AND OKAY, HE'S READY TO GO.

ANY OTHER DISCUSSION? ALL RIGHT.

UM, ROLL CALL, VOTE PLEASE.

COMMISSIONER BUSTAMONTE.

MAYOR HUEY? YES.

ITEM NUMBER 10, ZONING CASE Z 2 19 1 0 7 0 1 9 3 S IS A REQUEST TO CHANGE THE ZONING FROM C THREE N NA GEN COMMERCIAL NON ALCOCK SALES, BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT AIRPORT HAZARD OVERLAY.

IT IS CURRENTLY, UH, THREE O'CLOCK, UH, ACTUALLY 3 0 1.

AND WE'RE GOING TO TAKE A BREAK AND, UM, BRING, COME BACK ABOUT, UH, THREE 11 ISH.

UM, WE'RE CALLING THE MEETING.

BACK TO ORDER, PLEASE.

[10. 19-7604 ZONING CASE Z-2019-10700193 S (Council District 1):A request for a change in zoning from "C-3NA NCD-5 AHOD" General Commercial Nonalcoholic Sales Beacon Hill Neighborhood Conservation Airport Hazard Overlay District to "C-3NA S NCD-5 AHOD" General Commercial Nonalcoholic Sales Beacon Hill Neighborhood Conservation Airport Hazard Overlay District with Specific Use Authorization for a Construction Contractor Facility on Lot 1 and Lot 2, Block 19, NCB 6418, located at 738 West Hildebrand Avenue. Staff recommends Approval. (Dominic Silva, Senior Planner, (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]

DISTRICT TWO C THREE N A S WAS THE SPECIFIC USE AUTHORIZATION FOR A CONSTRUCTION CONTRACTOR FACILITY LOCATED AT 7 3 8 WEST HILDEBRAND AVENUE.

34.

NOTICES WERE MAILED TO PROPERTY NOTES WITHIN 200 FEET ZERO.

RETURN IN FAVOR, TWO IN OPPOSITION.

AND BEACON HILL NEIGHBORHOOD ASSOCIATION

[01:55:02]

IS IN OPPOSITION.

THE CURRENT C THREE GENERAL COMMERCIAL DISTRICTS AND APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.

THE PROPOSED ZONING WILL NOT CHANGE THE BASE ZONING OF C THREE.

THE ADDED SPECIFIC USE WILL ALLOW THE APPLICANT TO ADD CONSTRUCTION CONTRACTOR FACILITY STAFF RECOMMENDS APPROVAL AND THE REPRESENTATIVES PRESENT.

MAY WE HAVE THE APPLICANT PLEASE? UH, MY NAME IS RALPH HERNANDEZ.

I'M THE OWNER OF 7 38 WEST HILDEBRAND.

UM, APPARENTLY I'M GONNA ASK FOR A CONTINUANCE, UH, SO THAT'S OKAY WITH EVERYONE.

UM, THANK YOU.

I GUESS WE'LL, UM, WE'LL CALL YOU BACK UP IN A MINUTE FOR, UH, QUESTIONS IF, UH, IF NEEDED.

GOOD AFTERNOON, COMMISSIONERS.

IS THERE ANYONE SIGNED UP TO SPEAK SIMA COLVIN? SORRY, I'M SORRY.

I'M LOOKING.

SHE PUT LITTLE MARKS ON NUMBER.

MY NAME IS SIMA COLVIN, 8 1 7 WEST MAGNOLIA.

I'M HERE TO READ A LETTER FROM THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION, THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION.

FIRST BECAME AWARE OF THE CASE ON SEPTEMBER 6TH, 2019 WHEN WE RECEIVED NOTICE FROM DEVELOPMENT SERVICES DEPARTMENT OF ITS PLACEMENT.

ON THE 9 17 19 ZONING COMMISSION AGENDA, THE APPLICANT ATTENDED OUR MONTHLY NEIGHBORHOOD ASSOCIATION MEETING ON SEPTEMBER 9TH.

DUE TO TOO MANY UNANSWERED QUESTIONS, THE MEMBERSHIP AGREED THAT MR. HERNANDEZ SHOULD MEET WITH THE NEIGHBORHOOD ZONING AND URBAN DESIGN COMMITTEE, WHICH HE DID.

THE GENESIS OF THIS ZONING REZONING REQUEST WAS AS A RESULT OF NEEDING TO REPLACE HIS CARPORT ROOF AFTER ONE OF THE SEVERE SPRING STORMS DAMAGED IT.

AND HE WAS TOLD HE WAS IN VIOLATION OF HIS ZONING, WHICH DOES NOT ALLOW FOR OUTSIDE STORAGE.

DURING THAT STORM, HIS CARPET ROOF BLEW PARTIALLY ONTO THE GARAGE OF THE RESIDENTIAL PART PROPERTY BEHIND HIS LOT, CAUSING SOME DAMAGE.

THIS RESIDENT, ROSE COHEN BROWN, IS PRIMARILY CONCERNED WITH THE SOUNDNESS OF THE STORAGE STRUCTURE, NOT ITS USE FOR THIS AGREEMENT.

THE, FOR THIS REASON, THE AGREEMENT REACHED WITH MR. HERNANDEZ WAS THAT HE WOULD FIRST APPLY FOR A VARIANCE TO ALLOW THE CONSTRUCTION OF A PERMANENT STRUCTURE AND THEN WE COULD SUPPORT THE ZONING CHANGE.

FOR THIS REASON, A CONTINUANCE WAS REQUESTED.

UNFORTUNATELY, IT SEEMS AS IF THE ONLY TAKE ACTION TAKEN IN THE INTERIM WAS TO CHANGE THE SPECIAL USE, BUT NOT TO PROCEED WITH THE REQUEST FOR THE VARIANCE.

FOR THIS REASON, THE BONNA ZONING AND URBAN DESIGN COMMITTEE CANNOT SUPPORT THIS REQUEST.

AND WE RESPECTFULLY REQUEST THAT YOU RECOMMEND DENIAL.

WE HAVE PREVIOUSLY WORKED WITH MR. HERNANDEZ ON A REQUEST FOR I D Z ZONING ON A PROPERTY ON BLANCO, WHICH WE SUPPORTED.

WE APPRECIATE MR. HERNANDEZ'S INTERACTION WITH US.

BOTH SIDES HAVE BEEN WORKING HARD.

WE JUST HAVE THIS TIMING ISSUE.

WE DON'T WANT TO SUPPORT THE ZONING WITHOUT THE, UH, SECURITY OF KNOWING THAT HE WILL BE ALLOWED TO BUILD THAT PERMANENT STRUCTURE.

THANK YOU, MARK SPIELMAN COMMISSIONERS.

MY NAME IS, UH, MARK SPIELMAN, UH, THE 900 WEST WOODLAWN AVENUE REPRESENTING BEACON HILL.

AND, UH, JUST WANTED TO POINT OUT THAT, UH, BECAUSE OF THE MOTION AND THE WAY IT WAS WORDED, UH, WE CANNOT, YOU KNOW, SUPPORT IT BECAUSE OF THE CONDITIONS ON THE, UH, YOU KNOW, UH, MOTION FOR SUPPORTING HIS, UH, UH, ZONING CHANGE.

BUT, UH, RALPH OR THE MR. HERNANDEZ HAS BEEN VERY GOOD ABOUT MEETING WITH OUR NEIGHBORHOOD.

I THINK WE'VE REALLY DECIDED ON A SOLUTION THAT WE'D LIKE TO HAVE.

AND, AND THAT WOULD BE TO HAVE A PERMANENT STRUCTURE BACK THERE THAT WOULD BE OF A, A NATURE WHERE, YOU KNOW, IT WOULDN'T BE, UH, YOU KNOW, HARMING THE NEIGHBOR BEHIND.

SO, UH, YOU KNOW, PLEASE TAKE ALL THOSE THINGS INTO CONSIDERATION.

UH, COMMISSIONER GREATHOUSE? YES.

THAT'S ALL THAT SIGNED IN TO SPEAK.

UM, I HAVE SOME QUESTIONS FOR STAFF, UM, REGARDING THIS.

SO, UM, THANK YOU.

SO IS IT POSSIBLE UNDER CITY CODE AND CITY, UM, REQUIREMENTS FOR HIM TO GO TO THE BOARD OF ADJUSTMENT FIRST IN ORDER TO GET THE VARIANCE THAT WOULD THEN ALLOW THE NEIGHBORHOOD TO HAVE A LITTLE MORE SECURITY THAT THIS WOULD HAPPEN? HE IS ALLOWED TO BUILD THE ACCESSORY

[02:00:01]

STRUCTURE, BUT NOT TO USE, IT NEEDS THE VARIANCE FOR THE, TO PLACE AN ACCESSORY STRUCTURE IN THE REAR OR SIDE OF THE PROPERTY.

UM, SO HE CAN GO TO THE BOARD ADJUSTMENT FIRST AND ASK FOR PERMISSION TO BUILD THE ACCESSORY STRUCTURE IN THE REAR AND ALSO FOR THE REAR SETBACK.

BUT HE CAN'T USE IT UNTIL THE ZONING IS APPROVED.

AND HOW WOULD THAT BE CONTROLLED? IS THAT THROUGH A CERTIFICATE OF OCCUPANCY OR THROUGH SOME OTHER, UM, ARE YOU TALKING ABOUT TO USE THE ACCESSORY STRUCTURE? CORRECT.

SO, SO THERE'S, IT'S A LITTLE BIT MORE INTRICATE.

SO NORMALLY A STORAGE BUILDING IS A, A PERMITTED STRUCTURE, IF YOU WILL, IN A COMMERCIAL DISTRICT.

AN APPLICANT COULD, UH, APPLY FOR A BUILDING PERMIT TO BUILD A STORAGE BUILDING.

AND IF IT, IF IT IS ENCROACHING INTO THE SETBACK, THEY WOULD TYPICALLY GO TO THE BOARD OF ADJUSTMENT TO GET A RELAXATION OF THE CODE RELATED TO THE SETBACKS.

THE, UM, ISSUE IS, IS THAT THE APPLICANT ONLY WANTS TO BUILD THE, THE STORAGE SHED FOR THE PURPOSE OF THIS USE THAT HE NEEDS THE ZONING FOR.

UM, SO AGAIN, HE COULD CHOOSE TO GO TO BE AWAY FIRST FOR THE STRUCTURE, GET A CERTIFICATE OF OCCUPANCY FOR IT.

AGAIN, IT COULD BE USED AND IT COULD BE APPROVED FOR ANY USE ALLOWED IN THE BASE DISTRICT, REGARDLESS IF HE GOT THE, THE ZONING APPROVED FOR THE CONSTRUCTION, UH, FACILITY.

UM, BUT AGAIN, THAT IS, THAT, THAT'S ON THE APPLICANT TO PAY FOR AND GO THROUGH THAT PROCESS FIRST BEFORE COMPLETING THE ZONING.

SO HE COULD GO THROUGH THAT PROCESS, GET THE PERMISSION TO DO THE, TO DO THE STORAGE SHED, BUT HE COULD GET DENIED AT ZONING.

AND NOW HE'S GOT, HE'S PAID FOR AND HE'S GOTTEN PERMISSION FOR A STORAGE SHED THAT HE DOESN'T NEED IF HE'S NOT GONNA DO THE USE.

FOLLOW UP QUESTION TO THAT, BUT HE COULD PAY, HAVE PAID FOR THE ZONING, UH, APPLICATION AND GONE THROUGH THE PROCESS AND GET APPROVED AT ZONING, THEN GO TO B O A PAY FOR THAT PROCESS AND GET DENIED, CORRECT? THAT'S CORRECT.

BUT HIS USE IS STILL RESTRICTED TO, UH, ONLY ALLOWING SCREENED, UH, STORAGE.

HE WOULD STILL HAVE TO SCREEN IT.

HE CAN'T JUST HAVE IT OPEN, UH, TO ELEMENTS AND OPEN TO THE PUBLIC RIGHT OF WAY.

AND THE SCREAMING, THE SCREENING, SORRY, THE SCREENING HAS TO BE AS HIGH AS THE STORAGE MATERIALS, BUT THERE WOULD BE NO ROOF.

IT SCREENING IS A VERTICAL, LIKE A, LIKE A FENCE OR SOMETHING, BUT IT'S NOT A STRUCTURE WITH A ROOF OVER IT.

SO THE WAY WE'VE ALWAYS DONE CONSTRUCTION, UH, FACILITIES, UH, TO ALLOW FOR OUTSIDE STORAGE THAT'S NOT COVERED BY A ROOF IS THAT WE INDICATE IN THE CONDITIONAL USE THAT IT HAS OUTSIDE STORAGE.

THE APPLICANT IS NOT REQUESTING OUTSIDE STORAGE IN THIS MANNER BECAUSE HE WANTS TO BUILD A STORAGE SHED TO PUT THE MATERIALS IN IT.

SO IF THE BUILDING IS NOT APPROVED TO ENCROACH INTO THE SETBACKS AFTER HE GETS THE ZONING, THERE IS STILL NO ALLOWANCE FOR OUTSIDE STORAGE WITHOUT IT BEING COVERED AND SCREENED.

COULD YOU POINT ME TO WHERE THAT IS IN THE PERMITTED USE TABLE? BECAUSE I, IT'S NOT ABOUT THE PERMITTED USE TABLE.

IT'S ABOUT THE ORDINANCE.

THAT WOULD BE A, UH, ADOPTED BY COUNCIL IF THERE'S NO OUTSIDE STORAGE, IF, IF IT DOESN'T ALLOW FOR IT AND IT DOESN'T ALLOW FOR IT.

SO IT'S ABOUT WHAT'S FINALLY APPROVED BY CITY COUNCIL.

SO I GUESS WHEN, SO WHEN I'M LOOKING AT, AT THE CATEGORIES AND TRYING TO DETERMINE WHETHER OR NOT THEY'RE, THEY ARE, UM, APPROPRIATE, IS THERE SOMETHING IN THERE THAT SAYS THAT IT'S ONLY WHEN OUTSIDE STORAGE IS PERMITTED? SO THE WAY IT'S REFERENCE IS THAT IT SAYS CONSTRUCTION CONTRACTOR FACILITY SCREENING REQUIRED FOR OUTDOOR STORAGE FROM PUBLIC RIGHT OF WAYS.

HE'S NOT ASKING FOR OUTDOOR STORAGE.

THIS IS NOT A CONDITIONAL USE FOR A CONSTRUCTION CONTRACTOR FACILITY WITH OUTSIDE STORAGE.

SO THE SCREENING IS ONLY REQUIRED WHEN YOU HAVE A REQUEST THAT INCLUDES OUTSIDE STORAGE.

HE'S NOT REQUESTING OUTSIDE STORAGE.

SO THIS IS TELLING THE PERSON THAT YES, I MEAN, IF YOU GET APPROVED FOR A CONSTRUCTION CONTRACTOR FACILITY WITH OUTSIDE STORAGE, YOU STILL HAVE TO SCREEN IT.

IT DOESN'T MEAN THAT YOU DON'T GET TO SCREEN IT.

THAT'S WHAT THE USE IS SAYING IN THE PERMITTED USE TABLE.

I GUESS I JUST DON'T SEE WHERE THERE'S A DISTINCTION BETWEEN WITH OUTSIDE STORAGE AND WITHOUT OUTSIDE STORAGE IN THE ORDINANCE.

IS, IS THE DISTINCTION.

OKAY, PERFECT.

I KNOW NOTHING ABOUT YOUR CASE AND YOU CAME UP HERE REALLY QUICKLY.

UM, NO FURTHER QUESTIONS.

UM, ANY, UH, COMMISSIONERS WITH QUESTIONS ON MY LEFT? UM, COMMISSIONER GIBBONS? ALRIGHT.

TO THE APPLICANT, UM, UH,

[02:05:01]

ASSUMING WE WOULD GO IN ONE DIRECTION AND I MIGHT NOT DO THAT.

I MIGHT BE IN YOUR FAVOR, BUT I DON'T, I NEED TO KNOW MORE ABOUT WHAT YOUR CASE IS, WHAT YOUR PLANS.

COULD YOU, COULD YOU KIND OF GO THROUGH THAT A LITTLE BIT? OKAY.

UH, I'VE HAD MY DRYWALL CONTRACTING BUSINESS HERE FOR 23 YEARS.

AS LONG AS I'VE OWNED IT, I'VE ALWAYS HAD OUTSIDE STORAGE.

I'M SORRY, I DIDN'T KNOW THAT.

C THREE DID NOT ALLOW YOU TO HAVE STORAGE IN THE BACK.

SO THIS LAST LITTLE STORM WE HAD BLEW OFF ONE OF THE, UH, SHEDS, THE METAL SHED THAT WAS, UH, THERE CAUSED DAMAGE TO A NEIGHBOR, WHICH I STILL HAVEN'T SPOKEN TO, CAUSED DAMAGE TO ANOTHER NEIGHBOR, WHICH I FIXED ALL HER STUFF.

SO NOW THEY'RE SAYING THAT I HAVE TO HAVE IT SCREENED OFF.

NO, THAT'S JUST, THAT'S JUST FENCING SCREENED OFF IS LIKE IN, IF YOU'RE DRIVING, CAN'T IT, YOU DON'T KNOW WHAT'S ON THE OTHER SIDE.

SO, SO YOU CAN'T SEE THE SUPPLIES? CORRECT.

BUT THE THING IS, IT'S GYPSUM.

IT'S, IT'S A GYPSUM PRODUCT.

IT'S POWDER.

IT'S, IT'S, YOU CAN'T, YOU HAVE TO HAVE IT COVERED.

YOU, YOU, I CAN'T JUST SAY, UM, I HAVE TO HAVE STORAGE.

SO I'M WILLING TO BUILD A BUILDING BACK THERE TO STORE MY PRODUCTS.

APPARENTLY THE HOMEOWNER ASSOCIATION, EXCUSE ME IF I DON'T WORD THIS RIGHT, THEY DON'T TRUST THAT I WILL.

SO NOW THEY'RE SAYING NO, GET, GET THE BUILDING, UH, VARIANCE AND THEN WE'LL BE IN SUPPORT OF THE ZONING.

NOW IT'S FLIPPED.

NOW I HAVE TO RELY THAT THEY WILL BE OKAY WITH, THEY WILL ALLOW ME THE ZONING AFTER I GO THROUGH THE BUILDING PROCESS.

DOES THAT MAKE SENSE? OKAY.

SO IT KIND OF GOT FLIPPED.

YEAH, BUT COULD I CUT OUT THAT, THAT PERSON COULD I CUT OUT THE, THE HOME ASSOCIATION? OKAY.

SO I WANNA KNOW WHAT IT IS THAT YOU NEED TO GET THE ZONING CASE THAT YOU NEED.

SO JUST SO THAT I CAN, AND THEN I'LL ADD THAT IN LATER.

SO YOU, YOU NEED TO COVER THE GYP GYPSUM MM-HMM.

AND YOU WOULD NEED TO BUILD THE STORAGE SHED FOR THAT GYPSUM THAT YOU STORE.

UM, I, I GUESS, YES.

I MEAN, I MEAN, MY POINT IS, IS THE POINT IS I DO HAVE TO HAVE IT COVERED.

SO WITH A ROOF, RIGHT? YEAH.

BUT, BUT ZONING IS SAYING WE DON'T CARE WHAT YOU DO WITH THE MATERIAL IN THE BACK, HOW YOU, HOW YOU STORE IT.

WE JUST NEEDED IT NETTED OFF OR, OR FROM, FROM FROM PUBLIC.

SCREENED OFF.

SO THE ZONING WOULD ALLOW YOU TO BUILD THE SHED WITH THE ROOF? NO, THE SHED WITH THE ROOF IS, IS, IS NOT A, IF, IF WE PULL OUT THE HOMEOWNER ASSOCIATION, THAT'S NOT AN ISSUE.

THEN THE, THE ROOF AND ALL THAT.

AFTER, AFTER THAT, AFTER, AFTER I GET THE ZONING AND I CAN STORE MY MATERIALS OUT BACK AND, AND I HAVE TO NET IT OFF.

NOW IF I SAY, BUT WAIT A MINUTE, I NEED, I NEED COVERAGE, SO I'M GONNA BUILD A BUILDING.

WELL, NOW I HAVE TO GO TO A VARIANCE TO GET A BUILDING BECAUSE THERE'S NOT ENOUGH ROOM TO PUT IT BACK THERE.

THAT, THAT SEEMS SO SIMPLE.

LET ME JUST CLARIFY, BUT THERE'S A BOX.

SNIDE COMMENT OR SOMEWHAT JOKING COMMENT ABOUT THE FOX AND THE BAG OF CORN AND THE GOOSE IS, IT SEEMS TO ME THAT WE HAVE SORT OF A QUESTION OF ORDER HERE.

BAG OF CORN AND A GO A GOOSE .

SO IF YOU, EASIEST WAY TO EXPLAIN IT, IF YOU LOOK AT, AT THE USE OF OUTDOOR STORAGE, OUTDOOR STORAGE IS NOT AN ALLOWED USE BY RIDE IN ANY COMMERCIAL DISTRICT.

IT REQUIRES AN INDUSTRIAL DISTRICT.

THEREFORE, FOLLOWING THAT, JUST BECAUSE YOU'RE A CON A CONTRACTOR FACILITY OR A CONSTRUCTION CONTRACTOR FACILITY IN A C THREE, YOU'RE NOT GUARANTEED THE OUTDOOR STORAGE BY RIGHT.

YOU HAVE TO CONDITION IT WITH THE USE IN ORDER TO HAVE OUTDOOR STORAGE.

OUTDOOR STORAGE MEANS NOT WITH A ROOF.

THAT'S WHAT OUTDOOR MEANS.

IT DOESN'T HAVE A ROOF.

SO THE WAY THE USE FOR CONSTRUCTION CONTRACTOR FACILITY, UH, IS DESCRIBED WHEN IT SAID SCREENING REQUIRED FOR OUTDOOR STORAGE MEANS THAT IF YOU'RE GONNA, IF YOU'RE CLASSIFIED AS A CONSTRUCTION CONTRACTOR FACILITY, UM, AND YOU ARE IN AN I ONE DISTRICT, YOU'RE ALLOWED TO HAVE OUTDOOR STORAGE, BUT YOU STILL HAVE TO SCREEN IT FROM PUBLIC RIGHT OF WAY.

YOU DON'T HAVE TO PUT A ROOF OVER IT, BUT YOU STILL HAVE TO SCREEN IT.

IN HIS CASE, HE HAS TO PUT BOTH THE ROOF AND THE SCREENING BECAUSE HE'S IN A C THREE DISTRICT.

AND AGAIN, HIS USE DID NOT REQUEST OUTDOOR STORAGE TO AVOID PUTTING A ROOF OVER IT.

HIS INTENT WAS TO HAVE IT ROOFED AND SCREENED.

I HOPE THAT HELPED TO EXPLAIN THE OUTDOOR STORAGE.

I I THINK I HAVE A POINT OF INFORMATION.

WHAT, WHAT I, MY

[02:10:01]

WHAT IS THE PROPER ORDER FOR, UH, FOR THIS GENTLEMAN TO GO FORWARD AND, AND GET THAT, GET WHAT HE NEEDS TO GET DONE HERE? BECAUSE I THINK WHAT WE'VE BEEN HEARING FROM, UH, THE NEIGHBORHOOD ASSOCIATION FROM HIM, THAT THEY BASICALLY ALL AGREE THE QUESTION IS, YOU KNOW, DO WE GO FIRST AS ZONING? WE COULD POTENTIALLY APPROVE THIS AND THEN HE COULD GO TO THE BOARD OF, UH, ADJUSTMENT TO GET A VARIANCE.

OR DO WE WAIT AND LET THE BOARD OF ADJUSTMENT GO FORWARD? YOU KNOW, HE ENDS UP WITH A BUILDING THAT HE DOESN'T WANT UNLESS HE CAN DO IT HERE, WHICH WE HAVE TO APPROVE.

AND SO WE'RE SORT OF CHASING OUR TAIL HERE TO SOME DEGREE, OR CHASING EACH OTHER'S TAILS IN ONE BIG CIRCLE AS WE GO FORWARD.

THAT'S, THAT WAS MY UNDERSTANDING OF THE PROBLEM.

AND TO SOME DEGREE, THE SCREENING, IT'S NOT LIKE HE WOULD BE OPPOSED TO DOING THAT.

IN FACT, IT SEEMS LIKE THAT'S FINE.

WELL, I THINK THAT'S THE CRUX OF THE PROBLEM THAT WE FACE HERE.

UH, COMMISSIONERS ON MY RIGHT.

COMMISSIONER ROMERO SPENDING A LOT OF TIME TRYING TO CONSTRUCT THIS AND MAYBE WE JUST COULD HAVE HAD A MORE CLEAR 1 0 1 FROM THE BEGINNING.

BUT I WAS, I WAS, I WAS FOLLOWING EVERYTHING YOU SAID.

I AM STILL COMPLETELY UNCLEAR ON WHAT HE NEEDS FROM THE BOARD OF ADJUSTMENT AND WHAT VARIANCE HE NEEDS.

IT'S A SETBACK NEEDS TO, HE NEEDS TO CONSTRUCT, AND DOMINIC, CORRECT ME IF I'M WRONG, IT'S BASICALLY A SETBACK, UM, ALLOWANCE BECAUSE HE'S GONNA ENCROACH.

SO THE SETBACK IS ABOUT 30 FEET, I THINK IT IS FROM A RESIDENTIAL DISTRICT, AND THE LOT IS NOT VERY BIG.

SO HE'S BUILDING AN ACCESSORY BUILDING WITHIN A 30 FOOT SETBACK.

SO HE NEEDS A VARIANCE TO A SETBACK.

THAT'S THE ONLY THING THAT THE BOARD OF ADJUSTMENT IS GOING TO, UH, BE CONSIDERING.

AND AT SOME POINT THEY ABSOLUTELY HAVE TO CONSIDER THAT BECAUSE THIS BUILDING, THIS STRUCTURE WILL REQUIRE THE SETBACK VARIANCE.

CORRECT.

CAN I JUST CLARIFY, I THINK SOME OF THE CONFUSION STARTED WHEN THERE IS A GENERAL DISCUSSION AND YOU GET A VARIANCE TO A ZONING REQUIREMENT BEFORE YOU HAVE THAT ZONING AND THAT ANSWER IS UNEQUIVOCAL.

NO, YOU CANNOT.

BUT IN THIS SITUATION, HE COULD.

HE HAS THE APPROPRIATE ZONING TO HAVE THIS BUILDING.

HE JUST NEEDS A VARIANCE TO THE SETBACK REQUIREMENTS, WHETHER IT'S THE CURRENT ZONING OR THE NEW ZONING.

BUT HE DOESN'T NEED THIS BUILDING AT ALL UNLESS HE GETS THE NEW ZONING.

AND THAT'S WHERE I THINK SOME OF THE CONFUSION CAME IN.

SO HE DOES NEED THE ZONING IN ORDER TO GET THE VARIANCE.

IS THAT WHAT YOU JUST SAID, OR, OR AM I CONFUSED AGAIN? I CONFUSED ALL AGAIN.

THAT'S ESSENTIALLY IT BECAUSE AGAIN, THE BUILDING THAT HE WANTS TO CONSTRUCT IS FOR THE USE THAT HE IS PROPOSING TO, HE IS PROPOSING THROUGH THE ZONING.

COMMISSIONER GREATHOUSE.

RIGHT? THE, UM, NEIGHBORHOOD ASSOCIATION

WELL THE, THE APPLICANT STATED THAT HE WAS WILLING TO, TO, UM, TO CONTINUE THIS CASE UNTIL THE NEXT MEETING.

UM, SO THE REASON I, I WANTED TO KIND GO THROUGH THE, THE, SOME OF THE ANALYSIS OF THIS IS BECAUSE FOR ME, THIS CASE IS REALLY IMPORTANT, UM, BECAUSE ONE OF THE, ONE OF THE ITEMS THAT WE HAVE TO LOOK AT AS ZONING COMMISSION AND CITY COUNCIL WOULD HAVE TO LOOK AT IS HEALTH, SAFETY AND WELFARE OF THE CITIZENS.

AND THIS FOR ME IS ABOUT THAT BECAUSE THERE'S ALREADY BEEN AN ISSUE WITH THIS PROPERTY, AND I UNDERSTAND THE, THE NEIGHBORHOOD ASSOCIATION'S CONCERNS THE NEIGHBOR'S CONCERNS BECAUSE WHEN THAT ROOF OF THAT CARPORT DID COME OFF, IT LANDED ON A, A COUPLE OF NEIGHBOR'S PROPERTIES.

IF THERE HAD BEEN SOMEONE OUTSIDE OR SOMEONE IN A CAR AND THAT HAD LANDED ON THEM, WE WOULD HAVE A HEALTH SAFETY AND WELFARE ISSUE.

SO THAT FOR ME IS EXTREMELY IMPORTANT BECAUSE THAT'S ONE OF THE THINGS WE'RE REQUIRED TO LOOK AT BY ORDINANCE.

SO THAT'S WHY I KINDA WANTED TO WALK THROUGH THIS.

UM, I, I WILL MAKE A MOTION FOR A CONTINUANCE, UM, SO THAT IT WILL GIVE THE APPLICANT THE TIME TO GO TO THE BOARD OF ADJUSTMENT TO GET THE, THE VARIANCE SO THAT THE BUILDING CAN BE BUILT THAT DOES NOT REQUIRE HIM TO GO BUILD THE BUILDING BEFORE HE COMES BACK HERE.

THAT IS, I THINK THAT'S SOME SOMEWHAT GETTING LOST IN THE SHUFFLE.

[02:15:01]

HAS ASKED FOR A CONTINUANCE, NOT FOR HIM TO GO BUILD THE BUILDING, BUT FOR HIM TO MERELY HAVE THE OPPORTUNITY TO BE ABLE TO BUILD THE BUILDING BECAUSE OTHERWISE THERE'S NO REASON FOR US TO CHANGE THE ZONING IF HE CAN'T BUILD THE BUILDING.

I, I HAVE A QUESTION.

SO, UM, THE PROCESS OF THE, UH, VARIANCE, HOW, HOW, WHAT, WHAT'S THE TIMELINE ON THAT? SO IT'S A $600 FEE AND IT HAS TO BE SCHEDULED.

RIGHT NOW, WE'RE NOT, WE'RE LOOKING AT, UH, THE SECOND MEETING IN NOVEMBER, WHICH MEANS THAT WE'LL HAVE TO RE-NOTICE AND RE ADVERTISE IF CONSIDERED ON THAT DAY FOR A DECEMBER ZONING COMMISSION MEETING, WHICH PUTS SOME POSSIBLY INTO COUNCIL IN JANUARY.

HOWEVER, I, I THINK THAT THERE ARE SOME, SO AGAIN, ALL OF THESE ISSUES CAME UP AS A RESULT OF A RESPONSE BACK FROM THE NEIGHBORHOOD TODAY.

I THINK THAT THERE, IT MIGHT BE HELPFUL IF, UH, THERE WAS A MEETING BETWEEN THE APPLICANT STAFF PRESENT.

UM, AGAIN, THIS IS JUST ONE OPTION, STAFF PRESENT AND, UM, THE NEIGHBORHOOD TO ANSWER THE QUESTIONS AND CONCERNS RELATED TO, UM, THE CONCERN THAT WHAT IF BOARD OF ADJUSTMENT DENIES THE, THE SETBACK, UH, VARIANCE, WHAT IS IT THAT HE CAN DO ULTIMATELY, WHAT IS IT THAT HE WOULD BE ALLOWED TO DO IF THE ZONING WERE APPROVED? UM, A CONDITION, ANOTHER OPTION IS A CONDITION, UM, AS PART OF THIS, BECAUSE AGAIN, THIS IS A SPECIFIC USE AUTHORIZATION, IS THAT YOU CAN HAVE A CONDITION THAT SAYS NO OUTDOOR STORAGE OR ALL STORAGE OF MATERIALS HAS TO BE WITHIN, UH, AN ENCLOSED STRUCTURE, WALLS AND ROOF.

AND YOU'D HAVE TO COMPLY WITH THAT REGARDLESS OF WHETHER OR NOT A BOARD OF ADJUSTMENT VARIANCE WAS GRANTED.

IF IT WASN'T GRANTED THEN HE COULD ONLY FIT A BUILDING WITHIN THE, UH, ALLOWABLE WITH NOT ENCROACHING INTO THE SETBACK, OR HE CAN'T HAVE ANY OUTDOOR OR ANY STORAGE OF MATERIALS AT ALL.

AGAIN, THOSE ARE THE THINGS THAT YOU CAN CONSIDER WITHOUT PUSHING IT TO A BOARD OF ADJUSTMENT PROCESS THAT TECHNICALLY, BECAUSE WE KNOW WHAT THE USE IS FOR CAN'T BE DONE.

SO AGAIN, THOSE ARE THE THINGS TO CONSIDER THAT IF, IF ULTIMATELY THE, THE NEIGHBORHOOD'S CONCERN IS ABOUT WHETHER OR NOT HE'LL BE ABLE TO DO OUTSIDE STORAGE AND MATERIALS OR WHETHER OR NOT HE'LL JUST DO A CARPORT.

AGAIN, IT CAN BE A CONDITION THAT YOU HAVE TO HAVE ANY STORAGE OF MATERIALS WITHIN A STRUCTURE WITH ROOF AND WALLS.

AND AGAIN, THAT'S WHY I WOULD RECOMMEND IF THERE WAS A CONTINUANCE, THAT INFORMATION CAN BE, UM, DISSEMINATED TO THE NEIGHBORHOOD AT ANOTHER MEETING.

COMMISSIONER GREATHOUSE, UM, I, I'M FINE WITH THAT, WITH, WITH A, WITH A TWO WEEK CONTINUANCE FOR THERE TO BE SOME MEETINGS AND FOR PEOPLE TO BECOME COMFORTABLE WITH THE PROCESS MOVING FORWARD.

SO, UM, UH, COMMISSIONER MCDANIEL.

SO CAN YOU BRING UP THE SITE ON GOOGLE MAP PLEASE? SO AS I LOOK AT THIS, I, I'M JUST WANNA BE SURE I UNDERSTAND.

SO THE SQUARE WITH THE GREEN ROOF LOOKS LIKE THE TEMPORARY STORAGE, WHICH IS NOT ALLOWED AT THIS POINT TILL WE GET THIS RESOLVED, BUT THERE IS A BUILDING RIGHT ACROSS FROM THAT THAT LOOKS LIKE HE IS STORING ITEMS WITHIN.

IS THAT STRUCTURE AND COMPLIANCE, IS THIS ACTION GOING TO BRING BOTH INTO COMPLIANCE? MR. HERNANDEZ, COULD YOU GO UP THERE TO THE MIC AND I GUESS COULD YOU CLARIFY ABOUT WHICH BUILDING ARE YOU TALKING ABOUT? UH, AND, AND I HAD THAT DONE ABOUT 15 YEARS AGO AND I HAD IT PERMITTED AND EVERYTHING.

PULL IT, UM, PULL IT BACK MICHAEL, SO THAT UP TO THE AERIAL SO THEY CAN SEE THE SKY VIEW.

SORRY SIR.

CONTINUE.

UM, TOUGH SHED DID IT AND THEY PULLED PERMITS AND EVERYTHING.

INCLUDE IT ALL FOR THE EXISTING STRUCTURE.

THAT'S WHY I'M CONFUSED BECAUSE WE HAVE AN EXISTING STRUCTURE THERE AND YET WE'RE SAYING, I MEAN, IF IT WAS PERMITTED AT THE TIME, THE STANDARDS MAY HAVE ALLOWED FOR IT AT THAT TIME.

IF, UH, THE STANDARDS CHANGED SINCE THAT TIME, UH, THEN IT BECOMES WHAT WE CALL A NON-CONFORMING STRUCTURE.

IF, UH, A VARIANCE IS APPLIED FOR IN THE FUTURE FOR, UH, THE REAR SETBACK, UH, WE WOULD, WE WOULD INCLUDE ANYTHING ELSE THAT'S NON-CONFORMING TO MAKE SURE THAT, UM, THERE'S A CLEAN BILL OF HEALTH ON THE PROPERTY.

IF THE BOARD OF ADJUSTMENT WERE TO APPROVE IT, SO IF A SIDE SETBACK AND A REAR SETBACK IS NEEDED, THEN WE WOULD

[02:20:01]

SO BASICALLY I'D HAVE TO TEAR THAT DOWN AND NO, NO, IT'S NOT CONFORMING.

NO.

SO YOU DON'T THINK THAT YOU HAVE TO TEAR DOWN THAT CURRENT STRUCTURE, THE TOUGH SHOW ONE THAT YOU WERE JUST TALKING ABOUT.

WELL, THE WAY I, THE WAY I UNDERSTAND IT, IF, IF I GO FOR THE VARIANCE, THEN THIS DOESN'T CONFORM TO THE 30 FOOT SETBACK.

WHICH IS WHY WE WOULD INCLUDE IT IN, IN THE VARIANCE REQUEST.

SINCE YOU'RE ALREADY GOING TO THE VARIANCE, SINCE YOU'RE ALREADY GO, SINCE YOU WOULD BE GOING TO THE BOARD OF ADJUSTMENT FOR A VARIANCE REQUEST FOR A NEW STRUCTURE.

WE INCLUDE EVERYTHING ELSE WHILE YOU'RE THERE WITH ONE HIT.

BUT UNDERSTAND THE WAY, THE WAY I WOULD NEED IT TO WORK SO THAT I COULD MANEUVER MY FORKLIFT AND THAT MATERIALS, 'CAUSE THEY COME IN PALLETS.

I WOULD HAVE TO TEAR THAT DOWN AND MAKE SOMETHING MORE, UH OH, YOU'RE TALKING ABOUT TEARING IT DOWN ANYWAY.

THAT, I'M SORRY.

THAT CLARIFIES THINGS.

UM, ARE WE DONE? DISCUSSION AND QUESTION.

COMMISSIONER GIBBONS, UM, TO THE APPLICANT.

SO, SO, UH, THE CONTINUANCE DO YOU, IS THAT'S GONNA DELAY SOME THINGS HERE, I GUESS SO THAT YOU, Y'ALL CAN HAVE, WELL THIS WAS KIND OF SPRUNG ON ME LAST MINUTE.

UM, 'CAUSE I THOUGHT WE WERE READY TO COME HERE.

I WAS GONNA GET THE ZONING WITH BLESSING OF THE HOMEOWNER ASSOCIATION AND THEN I WOULD GO TO, UH, THE VARIANCE, GET THAT, AND THEN DO MY BUILDING.

BUT APPARENTLY THE HOMEOWNER ASSOCIATION, UM, AGAIN, DOESN'T TRUST THAT I'LL DO THE BUILDING AND, AND, AND IN A WAY I HAVE TO, EVEN IF I GOT THE ZONING TODAY, I HAVE TO PUT A BUILDING BACK THERE.

I CAN'T LEAVE MY MATERIAL EXPOSED TO THE, TO THE ELEMENTS.

SO WHEN DID YOU, HOW THE, HOW THE HOME ASSOCIATION FELT? WHEN DID THAT, ARE YOU SAYING TODAY YOU JUST FOUND OUT OR? UH, YEAH, THAT WAS ACTUALLY AN HOUR AND A HALF BEFORE ZONING COMMISSION.

SO AN HOUR AND A HALF.

AND THE HOME ASSOCIATION SHOWS UP AND SAYS, HEY, WE HAVE THIS.

WELL, LET ME BE FAIR.

THIS IS THE WAY IT, IT, THIS IS THE SECOND TIME I'M HERE.

THE FIRST TIME MARK, WHO IS PART OF THE ZD AND HOMEOWNER ASSOCIATION.

AND I, AND DOMINIC STOOD OUTSIDE AND I SAID, LOOK, IF I GO WITH THE VARIANCE AND I DON'T GET THE ZONING, THE VARIANCE, YOU KNOW'S IRRELEVANT.

I SAID, LEMME GET THE ZONING AND I PROMISE I WOULD BUILD A BUILDING.

OF COURSE THAT'S MY WORD.

BUT, AND, AND SO THAT'S WHY NOW THEY, THEY KIND OF DON'T BELIEVE I WILL DO THE BUILDING.

IS THAT WHAT THEY SAID? NO, THEY DON'T BELIEVE YOU OR NO, NO, THEY DIDN'T SAY THAT.

I MEAN, THAT'S JUST THE WAY I'M UNDERSTANDING IT.

SORRY.

BELIEVE ME.

WHOM, I'M A LITTLE CONFUSED MYSELF.

SO I GUESS, LET ME ASK, THE HOME ASSOCIATION, WHO'S SOMEONE HERE REPRESENTING THEM? OKAY.

COULD YOU BETTER EXPLAIN? THANK, THANK YOU FOR COMING.

COULD YOU BETTER EXPLAIN WHAT YOUR CONCERN IS THAT, SO THAT WE DON'T HAVE TO DELAY HIM ANY FURTHER? YEAH.

OUR, OUR CONCERN WAS MOSTLY THE, THE SAFETY ISSUE.

I MEAN, IT'S, IT'S ALREADY, I MEAN, THAT WAS THE REASON ALL THIS DEVELOPED IN THE FIRST PLACE.

AND, YOU KNOW, WE'VE GOT, UH, NEIGHBORS WHO ARE, YOU KNOW, JUSTIFIABLY WORRIED.

AND THE, UH, MOTION THAT WAS PASSED WAS ONE THAT, UH, WAS, WAS THE CONDITION THAT HE WOULD, YOU KNOW, GET THE, UH, UH, YOU KNOW, VARIANCE.

AND, AND SO WE'RE, WE'RE REALLY, YOU KNOW, SUPPORTING THIS.

BUT AT THE SAME TIME, EITHER THE MOTION THAT WE HAD, UH, UH, PASSED, UH, WAS IT, OKAY, SO IF WE APPROVED THE ZONING TODAY, YOU WOULD BE OKAY WITH THAT.

AND THEN HE CAN GO ON TO, TO THE VARIANCE.

WE'D HAVE, UH, SOME, YOU KNOW, TREPIDATION ABOUT THIS BECAUSE OF COURSE, YOU KNOW, THE, THE NEIGHBORS WHO, UH, ARE, ARE DIRECTLY BEHIND THIS WOULD, UH, OBVIOUSLY FEEL THAT, YOU KNOW, WE WERE NOT, YOU KNOW, REPRESENTING THEIR INTERESTS AND THEY, YOU KNOW, HAVE REASONABLE INTERESTS IN THIS CASE, ISN'T THE, IT PUTS US IN A, YOU YOU UNDERSTAND THAT WE'RE IN A REALLY AWKWARD POSITION, BUT ISN'T HE TRYING TO RESOLVE THE PROBLEM? AND, AND WE REALLY WANT TO WORK WITH RALPH.

AND RALPH HAS HAS TOLD ME, AND I I BELIEVE HIM, THAT HE WILL BUILD THAT BUILDING

[02:25:01]

IF, IF IT'S DONE.

UH, YOU KNOW, THE, THE MEETING THAT RALPH IS REFERRING TO OUR UNDERSTANDING, AND WE'VE GOT EMAILS TO SHOW THAT OUR, UH, UNDERSTANDING OF IT WAS THAT HE WOULD, UH, BE PRESENTING THIS TO BOARD OF ADJUSTMENT FIRST.

AND SO THERE'S A CONFUSION BETWEEN THE TWO OF US.

HE, HE THOUGHT HE WAS GONNA GO TO ZONING FIRST AND, AND MOST OF THE INFORMATION WE'VE GOT, AND YOU KNOW, THE, THE TEXT MESSAGES BACK AND FORTH EMAILS INDICATED THAT HE WOULD BE DOING JUST THE OPPOSITE.

HE'D BE GOING TO BOARD OF ADJUSTMENT FIRST.

SO THERE'S, THERE'S WHERE THE, THE, YOU KNOW, ISSUE STANDS RIGHT NOW.

SO, SO YOU WOULD LIKE, OKAY, SO WE'RE NOT AGAINST, BUT CAN I ASK, I'M GONNA TALK TO THE, LET ME ASK YOU A QUESTION REAL QUICK THEN PICK UP HERE.

SO WAS THAT, DID THAT CONVERSATION HAPPEN THAT YOU WOULD GO TO THE BOARD? I'M SURE YOU PROBABLY WEREN'T SURE WHICH TO GO FIRST.

SO DID YOU SAY BOARD OF ADJUSTMENTS FIRST TO THEM? NO.

AND IS THAT WHY THEY'RE FEELING LIKE, WAIT, YOU SAID THIS.

I I DON'T, I DON'T REMEMBER SEEING EMAILS OR TEXT MESSAGES THAT SAY I WOULD GO WITH THE ADJUSTMENT FIRST.

LIKE I SAID, WE HAD A MEETING OUT THERE BETWEEN THE THREE OF US AND WAY I UNDERSTOOD IT AND DOMINIC WAS THAT WHY GO THROUGH ADJUSTMENT IF ZONING ISN'T GONNA GET APPROVED? OKAY, SO STAFF IS, IF I GO WITH ZONING, I MEAN, IF I GO WITH ADJUSTMENT, YEAH, IT'S JUST A PIECE OF PAPER.

I DON'T NEED TO BUILD, BUILD A BUILDING.

BUT APPARENTLY FOR THEM IT'S MORE SECURITY.

AND AGAIN, IF, IF THAT'S THE WAY THEY WANT IT, THAT'S FINE, BUT IT JUST SEEMS LIKE I'M WASTING MY TIME.

WELL, I'M JUST TRYING TO HELP YOU WITH YOUR, I APPRECIATE THAT TIME CONSTRAINT HERE.

I MEAN, YOU OBVIOUSLY, YOU GOTTA MAKE MONEY.

I'M WILLING TO DO WHATEVER MONEY, SO, OH, OKAY.

SO YOU DON'T MIND THE, THE CONTINUANCE.

I, I MEAN, I DON'T KNOW IF I WOULD SUPPORT THE CONTINUANCE IF IT SOUNDS LIKE YOU'RE GOING THROUGH ALL THE PROCESSES NECESSARY OR IF I CAN BUILD THE RELATIONSHIP OR THE NON-RELATIONSHIP THAT EXISTS BETWEEN YOU AND THE HOMES ASSOCIATION.

THAT'S JUST SOMETHING THAT HAS TO HAVE MAYBE, MAYBE DOWN THE ROAD Y'ALL NEED TO HAVE, GO HAVE COFFEE TOGETHER AND TACOS.

BUT I'VE, I'VE BEEN TO ALL THEIR MEETINGS.

I'VE BEEN TO THE ZONING.

YOU'VE BEEN TO ALL THEIR MEETINGS? WELL, THE MEETINGS THAT THEY'VE INVITED ME TO ABOUT THIS.

MADAM CHAIR, I UNDERSTAND THERE'S A MOTION AND I SECOND IT.

I'M, I DIDN'T HEAR A MOTION.

UM, THERE'S A MOTION AND, UH, FOR, UH, TWO WEEK CONTINUANCE AND A SECOND ON THE FLOOR.

UM, ANY, UH, DISCUSSION AS FAR AS THE CONTINUANCES, UH, CONCERNED? OKAY.

CO.

COMMISSIONER GIBBONS.

SO I'M NOT GONNA SUPPORT THE CONTINUANCE BECAUSE THE COMMUNICATION SHOULD HAVE BEEN THERE A LITTLE BIT BETTER ON THE HOME ASSOCIATION'S END.

YOU GOTTA, YOU GOTTA STEP UP AND COMMUNICATE.

THE MAN HAS A LIVING TO MAKE AND, AND I DON'T SEE THAT THE CONTINUANCE IS NECESSARY.

YOU'RE GONNA GO THROUGH THE PROCESSES AND WE'RE GONNA TRUST THAT THOSE PROCESSES ARE GOING TO GONNA GET WHAT YOU WANT DONE.

AND SO I'M NOT GOING TO SUPPORT THE CONTINUANCE.

I THINK I WOULD APPROVE IT TODAY.

UM, COMMISSIONER GREATHOUSE.

SO AS A LITTLE MORE FURTHER BACKGROUND TO THIS, THERE WAS SOME INFORMATION FROM STAFF THAT SAID THAT THIS, THAT THE ZONING NEEDED TO HAPPEN.

FIRST.

THERE WAS A MISCOMMUNICATION.

SO THAT INFORMATION THAT'S ORIGINALLY SAID THAT THIS NEEDED, THE ZONING HAD TO HAPPEN BEFORE THE B O A CASE COULD HAPPEN.

IT WAS OUT THERE.

SO THERE WAS MAYBE A LITTLE BIT OF DELAY IN COMMUNICATION BECAUSE I BELIEVE THAT THE, SOME OF THE, THE NEIGHBORHOOD ASSOCIATION AND THE APPLICANT WERE TRYING TO FIGURE THAT OUT.

SO THAT'S SOME OF THE, SOME OF THE CONFUSION AND THE ISSUES ARE DUE TO THAT PACT.

UM, IF THERE'S NO OTHER DISCUSSION, ROLL CALL, VOTE PLEASE.

COMMISSIONER BUSANTE.

COMMISSIONER GIBBONS? NO.

AVI PLANNER DEVELOPMENT SERVICES OUT OF NUMBER 14 IS ON TEKA STREET, MARKHAM DRIVE AND ARVILLE AVENUE.

GOOD AFTERNOON, MARCO.

[14. 19-7501 ZONING CASE Z-2019-10700223 (Council District 6): A request for a change in zoning from “C-3 MLOD-2 MLR-1 AHOD” General Commercial Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and “C-3NA S MLOD-2 MLR-1 AHOD” General Commercial Nonalcoholic Sales Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with a Specific Use Authorization to allow a Cabinet Shop to “MF-33 MLOD-2 MLR-1 AHOD” Multi-Family Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District on Lot 14, Lot 15, Lot 29, and Lot 30, Block 12, NCB 16522, located at 6402 Tahoka Boulevard, 6406 Tahoka Boulevard, 6403 Marcum Drive, and 6407 Marcum Drive. Staff recommends Denial, with an Alternate Recommendation. (Associated Plan Amendment PA-2019-11600065) (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)]

GOING FROM C THREE, GENERAL COMMERCIAL C THREE N A GENERAL COMMERCIAL NON-ALCOHOLIC TO MF 33.

MULTIFAMILY 26

[02:30:01]

NOTICES WERE MAILED OUT.

ZERO IN FAVOR TO AN OPPOSITION.

NO RESPONSE FROM THE CABLE.

WESTWOOD NEIGHBORHOOD ASSOCIATION STAFF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN, IN RELATIONS TO THIS ZONING CHANGE REQUEST.

THE PROPOSED USE IS NOT CONSISTENT WITH THE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERNS OF THE SURROUNDING AREA.

THE PROPOSED HIGH DENSITY IS NOT SUITABLE FOR THE PREDOMINANTLY LOW DENSITY RESIDENTIAL AREA.

STAFF RECOMMENDS DENIAL AND THE APPLICANT IS AVAILABLE.

MY NAME IS RAUL, MY WIFE AND .

WE WE'RE IN THE REAL ESTATE BUSINESS.

WE OWN A REAL ESTATE COMPANY AND THIS IS OUR NEXT PROJECT.

AND, UH, WE CHOSE THIS AREA DUE TO THE PROXIMITY TO THE LACKLAND AIR FORCE BASE.

AND UM, AND THIS PROJECT IS ALIGNED ALSO WITH THE MAJORS RUNS HOUSING POLICY, TASK FORCE, UH, FOR, BECAUSE SAN ANTONIO HAS A, A, AN AFFORDABLE CHALLENGE HOUSING CHALLENGE.

AND THIS IS MORE CATERED.

ANYBODY CAN, CAN LIVE HERE, BUT THIS MORE CATERED FOR THEIR MILITARY FAMILIES AND THESE FOUR LOTS, UH, WHICH ARE RIGHT NOW COMMERCIAL, THE OWNERS, THE, THE, THE ASSOCIATION.

THE FIRST TIME I APPROACHED THEM, THEY TOLD ME, WELL, WE DON'T, WE DON'T TRUST ANYBODY NOW.

WE DON'T WANT ANY MORE COMMERCIAL.

THEY GO, WELL THIS IS DIFFERENT.

I WANT RIGHT NOW.

THOSE LOTS ARE ARE COMMERCIAL.

I WANT TO DOWNGRADE, I WANT TO GO BACK TO MULTI-FAMILY.

AND, AND EVEN, UH, ONE OF THE OWNER, ONE OF THE BOARD MEMBERS FROM THE ASSOCIATION LIVES ACROSS THE STREET JUST ON TOP, RUST CROSS.

AND, AND SHE'S, SHE'S THE ONE THAT SAYS, I TOTALLY AGREE.

I WANT IT BECAUSE OF THE, A LOT OF TRASH EVERY SINGLE WEEK.

THERE'S TRASH IN FRONT OF THE, THAT STREET, UH, IN RIGHT ACROSS IT, IT'S A HOTEL.

WE SEE THE POOL.

THAT'S A HOTEL.

IT'S ALL COMMERCIAL TOO.

AND, UH, AND THERE'S ALREADY ALSO, I PUT MY, ONE OF MY PICTURES THAT I ON THE DESK.

SO RIGHT NOW, UH, IF YOU CAN SEE MY, MY FOUR LOTS THERE, THOSE, THOSE, UH, THOSE, THOSE ARE THE LOTS.

AND THERE'RE, THERE'S ALREADY MF 30 THREES ALREADY THERE AND I'M, I'M ON THE EDGE.

SO PRACTICALLY THE ENTRANCE IS THAT BIG STREET THAT'S THE ENTRANCE.

SO PEOPLE WON'T BE WANDERING AROUND THE NEIGHBORHOOD TO GO IN AROUND.

AND IT'S UH, AND THOSE FOUR LOTS, EACH LOT WILL HAVE TWO DUPLEXES, MEANING FOUR UNITS.

SO IN TOTAL WITH THE FOUR LOTS WILL BE 16 UNITS.

IT'S A PROJECT THAT WE, WE WERE WORKING, UH, AND I SAW THE OPPORTUNITY BECAUSE, WELL, THERE'S ALREADY MF 30 THREES.

MY FIRST CHALLENGE WAS CHANGING FROM SERVER AND TIER TO GENERAL TIER, WHICH AT THE BEGINNING I DIDN'T KNOW WHAT IT IS.

I JUST WENT WITH THE FLOW AND STARTED DOING MY RESEARCH AND, AND CAME WITH A PLANNING MEETING AND IT WAS APPROVED LAST WEEK.

AND, UH, THE, THE, UH, THE, THE BOARD MEMBER WAS HERE TALKING ABOUT THE SITUATION THAT YOU, THAT, THAT THEY HAVE ABOUT THE TRASH AND THE PEOPLE GOING IN AND DOING DRUGS.

AND WE WANNA OCCUPY THOSE, THOSE FOUR LOTS.

AND, UH, I DON'T KNOW IF YOU HAVE ANY PARTICULAR QUESTIONS.

I CALL YOU BACK UP FOR QUESTIONS.

THANK YOU SO MUCH.

IS THERE ANYONE SIGNED UP TO SPEAK? NO MA'AM.

UM, COMMISSIONER HUEY? YEAH, I DO HAVE A CORRECTION.

UH, WE DID RECEIVE, UM, A MEMO OKAY.

THAT WAS IN SUPPORT OF THE PROJECT.

BUT I WANT TO THANK THE APPLICANT AND, UH, THE STAFF FOR YOUR ASSESSMENT AND FOR YOUR RECOMMENDATION AND, UH, FOR THE APPLICANT.

THANK YOU FOR TAKING YOUR TIME OUT TO COME, UH, UH, TALK TO US AND PRESENT YOUR CASE.

SO, AS I UNDERSTAND IT, THE, UH, THE CURRENT SECTOR PLAN FOR THE AREA IDENTIFIES IT AS A SUBURBAN TIER AND THE CURRENT LAND USE OF SUBURBAN TIER AS, UH, MR. MARO, UH, ASSESSMENT POINTS OUT.

IT GOES UP TO M F 18.

UH, BUT WITH YOUR LOT, THAT WOULD GO TO GIVE YOU NINE RESIDENTIAL UNITS INSTEAD OF THE 18 YOU'RE SEEKING OR 16.

16.

SO FROM THE UM, LOCATION MAP AND GOOGLE MAPS, I SEE YOUR LOTS ARE LOCATED IN KIND OF A, UM, MIXED BAG OF USES WITH SEVERAL VACANT, LOTS OCCUPIED R SIX LOTS AND A C THREE BODY SHOP AND A C THREE AND A HOTEL

[02:35:01]

ACROSS THE STREET.

THEN YOU HAVE A CHURCH ABOUT HALF A BLOCK AWAY, AND THEN ANOTHER MF 33 JUST ON THE OTHER SIDE OF THE CHURCH.

SO AGAIN, I'VE LOOKED AT THE CASE, YOU AND I TALKED ABOUT IT.

UM, WE TALKED ABOUT IT TO WITH STAFF.

SO AGAIN, WHILE I APPRECIATE THE RECOMMENDATION OF THE STAFF, I BELIEVE, UH, THIS PROJECT AS YOU'VE PLANNED IT, UH, BENEFITS THE NEIGHBORHOOD.

AND, UH, AND AGAIN, I APPRECIATE THE NEIGHBORHOOD ASSOCIATION CHIMING IN AND AT THIS TIME I'D LIKE TO HEAR, SEE IF THE, MY FELLOW COMMISSIONERS HAVE ANY COMMENTS.

UM, ANY, UM, QUESTIONS? UH, COMMISSIONERS ON MY RIGHT.

COMMISSIONER MCDANIEL QUESTION FOR STAFF AND I THINK I JUST MISSED IT.

TELL ME AGAIN WHAT YOUR ALTERNATE RECOMMENDATION IS.

UH, IT WOULD BE FOR THE, UM, M F 18, WHICH IS NON-RESIDENTIAL UNITS.

ANY QUESTIONS? COMMISSIONER GIBBONS? YEAH.

ANY OTHER COMMISSIONERS? AM I RIGHT? COMMISSIONER ROMERO? YEAH, JUST REAL QUICK 'CAUSE I'M HAVING TROUBLE WITH THE MAPS.

WHAT, WHAT'S THAT BIG BUILDING RIGHT ACROSS THE STREET? RIGHT ACROSS, UM, UH, THE ECONO AND HOTEL USAGE.

I, I'M LOOKING AT A BUILDING WITHOUT ANY WINDOWS IN THE BACK.

AM I IN THE WRONG PLACE? OH, I SEE COMMISSIONERS ON MY LEFT.

TO THE APPLICANT.

UM, ARE YOU BUILDING THESE WITH ANY TAX INCENTIVES OR ARE THESE ANY AFFORDABLE HOUSING IN THERE? SO WHAT WOULD BE THE BASE, UH, RENTAL ON A UNIT? WHAT DO YOU MEAN? ON, ON THE, WELL EACH, EACH UNIT.

EACH UNIT IS, UH, WHICH IS DUPLEX.

SO EACH BUILDING HAS TWO, TWO UNITS.

IT'S TWO FLOORS.

THE FIRST FLOOR IS THE LIVING AREA KITCHEN, AND THE TOP IS THREE BEDROOMS, TWO BATH, UM, UH, AND IT, IT'S APPROXIMATELY 1130 SQUARE FEET.

1001 THOU 1,130 SQUARE FEET EACH UNIT.

AND THEN WHAT DO YOU RENT THEM FOR? IT WILL BE BETWEEN, UH, 11 TO $1,300.

OH, AND IN THAT AREA W WOULD MEET THAT YOU'D BE ABLE TO COVER THAT WITH THAT? YES.

YOU HAVE A BACKYARD.

IT ONLY WHAT, WHAT THE, THE SETBACK IS.

ON EACH SIDE IS THERE A NEIGHBORHOOD ASSOCIATION BEHIND NO, THERE, THERE'S NO ASSOCIATION BEHIND? NO.

NO ASSOCIATION OVER THERE.

WELL, NO.

WELL, THEY HAVE A, A, A, A, THE ASSOCI, THE NEIGHBORHOOD ASSOCIATION, BUT IT'S NOT AN H O A.

YOU'RE NOT AN H O A BUT NO, THERE IS A NEIGHBORHOOD ASSOCIATION.

OH, YES.

AND I MET WITH THEM.

I, I I I I, I'VE BEEN GOING THROUGH THE NEIGHBORS AND TALKED TO THEM AND I WENT TO THEIR MEETINGS AND THAT'S HOW THEY, THEY VOTED AND THEY APPROVED.

OH, M 33, IF YOU CAN PUT BACK THE, OKAY, GOOD.

SO, SO YOUR, YOUR PROJECT CAN BE ADOPTED, PART OF THE N NEIGHBORHOOD ASSOCIATION THERE? YES.

ANY OTHER QUESTIONS? ANY COMMISSIONERS? OKAY.

COMMISSIONER HUEY.

SO WITH THE SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION AND THE SUPPORT FROM COUNCIL VAN TARDA, I BELIEVE THIS PROJECT IS BENEFICIAL TO DISTRICT SIX AND THE RESIDENTS OF SAN ANTONIO, AND I DO SUPPORT IT AND I MAKE A MOTION TO APPROVE THE PROJECT AS APPLIED SECOND.

ALRIGHT, WE HAVE A, UM, MOTION FOR APPROVAL FOR ITEM 14 WITH A SECOND ON THE FLOOR.

UM, ANY DISCUSSION? COMMISSIONERS ON MY LEFT.

DISCUSSION? COMMISSIONERS ON MY RIGHT.

COMMISSIONER BUSTAMONTE.

[16. 19-7503 ZONING CASE Z-2019-10700225 (Council District 7): A request for a change in zoning from "R-5 MLOD-2 MLR-2 AHOD" Residential Single-Family Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District to "RM-5 MLOD-2 MLR-2 AHOD" Residential Mixed Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District on Lot 19, Block 4, NCB 13450, located at 5403 San Benito Drive. Staff recommends Denial. (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)]

MARCO RAVI, PLANNER DEVELOPMENT SERVICES.

ITEM NUMBER 16 IS ON 54 0 3 SAN BETO DRIVE.

GOING FROM R FIVE RESIDENTIAL SINGLE FAMILY TO RMM FIVE RESIDENTIAL MIXED, UH,

[02:40:01]

40.

NOTICES WERE MAILED OUT.

ZERO IN FAVOR? ONE.

OPPOSED NO RESPONSE FROM THE COLLE PARK NEIGHBORHOOD ASSOCIATION.

UH, STAFF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE ZONING CHANGE REQUEST.

THE PROPOSED USE IS CONSISTENT WITH THE FUTURE LAND IS NOT CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERNS OF THE SURROUNDING AREA.

UH, WITH THE INTRODUCTION OF THREE RESIDENTIAL UNITS IN A PREDOMINANTLY SINGLE FAMILY NEIGHBORHOOD IS NOT CONSISTENT WITH THE CURRENT USE.

STAFF RECOMMENDS DENIAL.

THEY'RE AWARE OF THE MEETING.

I HAVE NOT SEEN THE APPLICANTS YET, THOUGH THE APPLICANT PRESENT.

THEY DID EMAIL ME AND TELL ME THEY, THEY WERE GONNA ASK FOR A CONTINUANCE AND I INFORMED 'EM THAT THEY NEEDED TO BE HERE.

UM, IF THE, SO THE APPLICANT'S NOT PRESENT.

UM, IS THERE ANYONE SIGNED UP TO SPEAK? NO, MA'AM.

COMMISSIONER SIPES? I WAS AWARE THEY WERE GONNA ASK FOR A CONTINUANCE, SO, UM, BUT I DON'T KNOW WHY THEY'RE NOT HERE.

I, AND THAT'S WHAT MY MOTION WILL BE, BUT I DON'T KNOW IF ANYONE HAS ANY QUESTIONS OF STAFF, I GUESS.

AND THAT'S OUR RECOMMENDATION.

UM, ANY COMMISSIONERS ON MY LEFT WITH QUESTIONS? COMMISSIONER GIBBONS? OKAY, SO, UH, IS THIS, BECAUSE IT LOOKS LIKE IT WAS ADDED ONTO THE HOUSE IN THE BACK, SO NOW THAT'S WHY THEY, THEY'RE ASKING FOR, UH, WHEN I WENT OVER THERE.

UM, THEY'RE STILL KIND OF IN THE CONSTRUCTION.

I THINK THEY'RE GUTTING OUT THE ACTUAL HOUSE.

I DON'T THINK THEY'RE ADDING ON FROM WHAT THEY TOLD ME.

BUT, UH, COULD YOU EXPLAIN YOUR DENIAL THEN AGAIN? UM, EVEN THOUGH IT DOES MATCH THE, THE LAND USE, UM, RRN FIVE IS INCLUDED IN THE, IN THE LAND USE THE ENTIRE NEIGHBORHOOD.

THERE IS NO DUPLEXES, THERE IS NOTHING AT ALL IN THAT ENTIRE NEIGHBORHOOD FROM WHAT WE SAW WHEN WE DID OUR SITE VISITS OR IN A MAP.

THAT'S WHY INTRODUCING THREE UNITS IN ONE LOT IS KIND OF EXTREME FROM WHAT WE SAW.

SO IF, IF THEY DIDN'T GET THAT, THEN THEY JUST HAVE ONE REALLY BIG HOUSE.

I'M SORRY, SAY THAT IF THEY DIDN'T GET THIS, THEY WOULD HAVE ONE REALLY BIG HOUSE.

WHERE, WHERE WOULD THE OTHER ENTRANCES IF FOR, IF IT WAS, UH, THE TWO OTHER UNITS? DO YOU KNOW WHERE THOSE I DO NOT.

THEY'RE NOT REQUIRED TO GIVE US A SITE PLAN SINCE THIS IS THE R UH, FIVE.

UH, 10.

I'M SORRY.

R YEAH, R FIVE IS DOES IT IT HAS TWO DRIVEWAYS HAS ONE ON, ON THE FRONT AND THEN ONE ON THE SIDE STREET THERE IN THE BACK.

THAT'S, THAT'S NOT IT ON EL CENTRO.

I DON'T THINK I SAW ONE ON CENTRO EL CENTRO.

DID COMMISSIONER SIPES, DID YOU DRIVE BY IT? IS THERE A DRIVE? THEY GOT A DRIVEWAY RIGHT THERE WHEN I WENT OVER THERE.

THEY WERE KIND OF IN CONSTRUCTION MODE.

THERE WAS, UM, SOME BOARDS UP IF I REMEMBER CORRECTLY.

I MEAN, IT LOOKS LIKE IT FITS IN, BUT I GUESS YOU SAY THE FACT THAT IT SAYS IT'S A DUPLEX, YOU WOULD DENY IT, BUT IT, I MEAN IT'S THERE.

IT LOOKS LIKE IT FITS IN AS IT'S A TRIPLEX ESSENTIALLY FOR THREE RESIDENTIAL UNITS.

R FIVE.

ALRIGHT, ANY OTHER DISCUSSION? ALL RIGHT, ROLL CALL, VOTE PLEASE.

OH, LOOK.

COMMISSIONER S SIPES? YES.

MY CAFFEINE'S NOT WORKING.

GOOD TYPES.

AND, AND THE PURPOSE OF THE THE CONTINUANCE WAS TO ALLOW THEM TO MEET WITH THE NEIGHBORHOOD ASSOCIATION.

THAT'S ONE OF THE REASONS THE NEIGHBORHOOD ASSOCIATION MEETS, ACTUALLY, I BELIEVE IT'S TODAY.

TONIGHT THEY MEET.

UM, SO FOR ITEM NUMBER 16, I RECOMMEND A, OR I'M MAKING A MOTION FOR A CONTINUOUS TO THE NOVEMBER 5TH MEETING.

SECOND, WE HAVE A MOTION FOR A CONTINUANCE TO THE NOVEMBER 5TH, UH, MEETING WITH A SECOND ON THE FLOOR.

ANY DISCUSSION? COMMISSIONERS? ON MY RIGHT.

UM, COMMISSIONERS ON MY LEFT.

ROLL CALL.

VOTE PLEASE.

[02:45:01]

COMMISSIONER BUSA MONTE AYE.

FRANCO ZONING, 10 35 SHOOK AVENUE AND 10 37 SHOOK AVENUE.

ISHA

[22. 19-7287 ZONING CASE Z-2019-10700232 (Council District 1): A request for a change in zoning from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "RM-4 AHOD" Residential Mixed Airport Hazard Overlay District on Lot A-11, Block A, NCB 6009, located at 1035 Shook Avenue and 1037 Shook Avenue. Staff recommends Approval.(Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department).]

ITEM 22, IT'S A REQUEST TO CHANGE THE ZONING FROM R FOUR RESIDENTIAL SINGLE FAMILY TO RMM FOUR RESIDENTIAL MIXED 17 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

THREE RETURNED IN FAVOR, ZERO IN OPPOSITION.

AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THE AREA.

THE CURRENT R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY SINCE THE SURROUNDING AREA CURRENTLY EXISTS AS A MIX OF R FOUR, RMM FOUR, R FIVE, MF 33, AND C TWO.

THUS THE PROPOSED RMM FOUR IS ALSO APPROPRIATE AND PERMITS THE PROPERTY OWNER TO MAINTAIN THE SUBJECT PROPERTY IN ITS CURRENT USE AND CONFIGURATION.

STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT.

MY NAME IS IRENE MIMI QUINTANILLA AND I, EXCUSE ME.

AND I'M DAVID SCHMIDT.

UM, EXCUSE ME.

I HAD ORAL SURGERY A FEW DAYS AGO, SOME HAVING HARD TIME TALKING.

UM, MY HUSBAND AND I HAVE OWNED THE PROPERTY AT 10 35, 10 37 SHOOK SINCE EARLY 2006.

THE PROPERTY HAS BEEN IN MY FAMILY, OWNED BY MY MOTHER AND THEN MY SISTER SINCE 1989.

UM, MY MOTHER BOUGHT IT FROM THE ORIGINAL OWNER AT SOME POINT DURING THE LAST 13 YEARS.

THE ZONING WAS CHANGED TO OUR FOUR SINGLE FAMILY.

WE DISCOVERED THIS RECENTLY WHEN WE DID AN INDEPENDENT APPRAISAL OF THE PROPERTY IN PREPARATION FOR PUTTING THE PROPERTY ON THE MARKET, THE APPRE THE APPRAISAL IDENTIFIED THE PROPERTY AS ILLEGAL, SO WE STARTED TRYING TO FIGURE OUT WHAT WAS GOING ON.

D S D STAFF INFORMED US THAT WHEN WE SELL OUR PROPERTY, THE NEW OWNERS WILL HAVE TO REAPPLY FOR NON-CONFORMING USE, WHICH WE DID DO.

AND WE DID RECEIVE IN JUNE.

UH, WE DECIDED THEN THAT WE WOULD GO THROUGH THE PROCESS OF HAVING OUR PROPERTY REZONED TO CONFORM WITH THE MULTIFAMILY USE AS IT HAD ALWAYS BEEN.

WE ARE ASKING TO CHANGE THE ZONING ON 10 35, 10 37 SHOOK PROPERTY TO RMM FOUR, UM, AS WAS RECOMMENDED BY COSA D S D STAFF TO ALLOW FOR THE MOST FLEXIBILITY SINCE THE PROPERTY IS GOING ON THE MARKET CURRENTLY THERE ARE THREE, UM, UNITS, A TWO BEDROOM, TWO BATH, A ONE BEDROOM, ONE BATH, AND A STUDIO APARTMENT ON THE PROPERTY.

WE'RE SEEKING TO HAVE THE PROPERTY REZONED TO RMM FOUR.

UM, SO THAT IT'S IN LINE WITH THE USE OF OTHER NEARBY PROPERTIES.

YOU CAN SEE THE PROPERTY NEXT DOOR IS R FOUR.

I DON'T THINK SHE REALIZES THAT SHE'S NOT IN COMPLIANCE.

UM, R M FOUR IS, UM, THE NEXT PROPERTY DOWN RIGHT NEXT TO A NEIGHBORHOOD COMMERCIAL AND 10 35, 10 37 IS OUR PROPERTY, WHICH HAS A, A RATHER LARGE LOT.

UM, THE APPLICATION FOR RM FOUR IS CONSISTENT AND APPROPRIATE ZONING GIVEN WHAT'S AROUND US, THERE ARE NO PLAN CHANGES OR MODIFICATIONS TO THE PROPERTY AT THIS TIME, BUT THE PROPERTY IS ON THE MARKET.

THE 63 YEAR OLD STRUCTURE HAS BEEN MULTIFAMILY WITH THREE UNITS AS OTHERS ARE IN OF SIMILAR AGE IN THE IMMEDIATE AREA.

THE PROPERTY, THE ONLY PROPERTY OWNER WITH A SINGLE FAMILY HOME ON OUR BLOCK SUBMITTED IN FAVOR OF OUR APPLICATION FOR R M FOUR.

THERE IS AN RMM FOUR, TWO DOORS DOWN, AS I POINTED OUT, UM, TO THE SOUTH OF US, A NEIGHBORHOOD COMMERCIAL.

AS I POINTED OUT, APARTMENTS DIRECTLY BEHIND US.

I, I THINK IF YOU CAN GO BACK TO THE, TO THE ONE THAT I DIDN'T COVER UP WITH PICTURES? NO, THE, THE ONE, THE MAP FROM THE CITY.

CONDOMINIUMS THAT I ACTUALLY USED TO LIVE IN.

WELL YOU, YOU CAN SEE BEHIND US THAT BIG BLANK SPACE, UM, IS ALREADY APARTMENTS.

UM, 10, UH, THE ONE, THERE'S OUR PROPERTY, THEN THERE'S THE SINGLE FAMILY AT 10 41.

THE VERY NEXT PROPERTY BEFORE YOU GET TO ALMOST PARK IS ACTUALLY A DRAINAGE INTAKE DITCH.

THE HOUSE WAS TAKEN DOWN AND IT WAS MADE INTO A GIANT DRAINAGE INTAKE.

I DON'T KNOW IF THAT SHOWS UP ON ANY YEAH, THAT'S A DRAINAGE INTAKE.

UM, AND THEN DIRECTLY ON THE OTHER SIDE OF THE ALMOST PARK DIVIDING LINE ARE

[02:50:01]

UM, WE'VE BEEN WORKING WITH THE COUNCILMAN'S OFFICE AND WHEN WE APPLIED FOR THIS ZONING, THE COUNCILMAN WAS IN SUPPORT OF OUR APPLICATION FOR R M FOUR ZONING.

UM, I DON'T KNOW IF DAVID HAS ANYTHING TO ADD.

NO, JUST TO UH, REITERATE THAT WE ARE SURROUNDED ON THREE SIDES BY, UH, A CONDOMINIUM COMPLEX APARTMENT COMPLEX AND AN RMM FOUR BUILDING ONE DOOR DOWN.

UM, IN ADDITION, THIS IS WHAT WE SEE FROM THE FRONT YARD OF SHOOK THE DRIVEWAYS AND FENCES OF HOUSES ON PARK HILL DRIVE, OR ACROSS FROM OUR FRONT YARD, UM, OR THE FRONT YARD OF OUR PROPERTY.

SO WE SEE BACK GATES AND GARAGES.

THANK YOU SO MUCH.

WE MAY BE CALLING YOU BACK UP FOR QUESTIONS.

IS THERE ANYONE SIGNED UP TO SPEAK? NO, MA'AM.

COMMISSIONER GREATHOUSE.

THANK YOU TO THE APPLICANT FOR THAT, UM, PRESENTATION.

AND, UM, I'LL TRY TO BE AS BRIEF AS I CAN.

UM, SO THE, THE REASON THAT I PULLED THIS, UM, IS BECAUSE I WANTED TO ASK SOME QUESTIONS TO STAFF, UM, ABOUT THIS.

SO WHY RMM FOUR AND NOT RMM FIVE? IF THE MAIN PURPOSE THAT THE APPLICANT HAS STATED FOR THIS REZONING IS TO BRING THE PROPERTY INTO COMPLIANCE SO THAT SHE CAN THEN SELL IT, WHY ARE WE ADDING A UNIT? UM, WHEN WE DID THE APPLICATION INTAKE, WE LISTENED TO WHAT, UM, THE APPLICANT IS INTERESTED IN, AND SHE COULD HAVE ASKED FOR R M FIVE TO ALLOW FOR, UM, THREE, UM, INDIVIDUAL UNITS.

HOWEVER, SHE WANTED THE MOST FLEXIBILITY.

I BELIEVE THAT SHE MENTIONED THAT IT'S ON THE MARKET.

AND WITH RM FOUR, SHE COULD HAVE A MAXIMUM OF FOUR UNITS ON, ON A 4,000 SQUARE FOOT LOT OR BIGGER, WHICH HER LOT IS, UH, FAR BIGGER THAN THAT.

SO THEN IT'S TO ALLOW FOR FLEXIBILITY FOR AN ADDITIONAL UNIT TO ALSO BE BUILT, BUILT IN ADDITION TO BRINGING IT INTO COMPLIANCE WITH WHAT IT CURRENTLY IS.

CORRECT.

SO IF YOU, IF I'LL JUST CHIME IN HERE TOO.

IF YOU LOOK AT THE CURRENT ZONING IN THE AREA, THERE ALREADY IS AN R FOUR THERE.

SO, UM, IT MADE SENSE THAT THE REQUEST COULD BE FOR R FOUR, SO IT KIND OF GIVES US CONSISTENT PATTERN RATHER THAN A HODGEPODGE OF ZONING OF R FIVE, R FOUR, UH, R FOUR AND MF 33.

SO THAT'S ONE OF THE REASONS WHY RM FOUR, UM, SEEMED LIKE A GOOD, UH, REQUEST FOR THIS PROPERTY.

AND THAT POINT IS TAKEN.

BUT I MEAN, I HAVE A VERY SMALL WINDOW OPEN.

WE'VE GOT C TWO MF 33, R FOUR, ARM FOUR R FIVE, UM, ALL RIGHT THERE WITHIN A VERY CLOSE AREA.

I, I JUST WANTED TO ASK THAT QUESTION OF STAFF AND TO KIND OF POINT THAT OUT THAT, THAT IN MY OPINION, COULD, COULD SET A DANGEROUS PRECEDENT GOING FORWARD.

AND I'D LIKE TO ASK THAT STAFF BE COGNIZANT OF THAT.

AND I MEAN, HONESTLY, IF I HADN'T KIND OF LOOKED INTO IT A LITTLE BIT, I WOULDN'T HAVE EVEN REALIZED THAT IT WAS ADDING A UNIT BASICALLY.

AND I UNDERSTAND THAT THERE ARE NO PLANS TO DO THAT, BUT IT'S OPENING UP FOR THAT AND THAT ACROSS A LOT OF PROPERTIES COULD RESULT IN DENSIFICATION WITHOUT US UP HERE REALLY BEING AWARE OF THAT.

SO THAT'S JUST A COMMENTARY FROM ME.

UM, THAT IS ALL OF MY QUESTIONS.

OH, I HAVE ONE MORE QUESTION THERE.

THERE APPEARS TO BE THE INCONSISTENCY IN THE STAFF REPORT, UM, THE ADJACENT BASED ZONING AND LAND USES THE WEST ZONING.

IT SAYS ARIAN PERFUME AND BEAUTY WAREHOUSE.

UH, THAT'S MY MISTAKE.

I PULLED IT FROM GOOGLE MAPS AND I, IT WAS, IT'S REGISTERED AS A ARIAN, UH, PERFUME AND MAPS.

BUT HAD WE DRIVEN BACK AND TAKEN A LOOK, YOU, IT, IT IS, UH, OBVIOUSLY A B CONVERSION TO A C TWO CONVERSION, WHICH WOULD PERMIT BY RIDE UP TO 33 UNITS PER ACRE.

AND AGAIN, THE ONLY REASON I KNEW THAT IS BECAUSE I USED TO LIVE IN THOSE APARTMENTS.

SO JUST IF YOU GUYS COULD DRIVE AROUND NEXT TIME.

BECAUSE IT'S, YOU KNOW, IF I'M JUST RELYING ON WHAT YOU'RE SAYING HERE AND NOT KIND OF LOOKING INTO IT A LITTLE MORE, THEN IT'S A LITTLE BIT MISLEADING.

OKAY, GREAT.

UM, ANY QUESTIONS? COMMISSIONERS ON MY RIGHT? UH, COMMISSIONERS ON MY LEFT? ANY QUESTIONS? OKAY.

COMMISSIONER GREATHOUSE, I MAKE A MOTION TO APPROVE ITEM NUMBER 22.

SECOND, WE HAVE A MOTION FOR APPROVAL FOR ITEM NUMBER 22 WITH A SECOND ON THE FLOOR.

UM, ANY DISCUSSION? COMMISSIONERS ON MY RIGHT? UM, COMMISSIONERS ON MY LEFT.

ROLL CALL.

VOTE PLEASE.

COMMISSIONER BUSTA BUSTAMANTE.

[02:55:01]

COMM ROMERO? YES.

GOOD AFTERNOON COMMISSIONERS,

[23. 19-7527 ZONING CASE Z-2019-10700235 CD (Council District 1): A request for a change in zoning from "R-6 NCD-5 AHOD" Residential Single-Family Beacon Hill Area Neighborhood Conservation Airport Hazard Overlay District to "R-6 CD NCD-5 AHOD" Residential Single-Family Beacon Hill Area Neighborhood Conservation Airport Hazard Overlay District with a Conditional Use for three (3) residential units on Lots 19 and 20, Block 11, NCB 1786, located at 1004 West Gramercy Place and 1006 West Gramercy Place. Staff recommends Approval. (Lorianne Thennes, Planner (210) 207-7945, lorianne.thennes@sanantonio.gov, Development Services Department)]

LORI AND TENNIS PLANNER WITH DEVELOPMENT SERVICES.

ITEM NUMBER 23 LOCATED AT 1 0 0 4 AND 1 0 0 6.

WEST GRAMERCY PLACE IS A REQUEST TO CHANGE THE ZONING FROM R SIX TO R SIX CD WITH THE CONDITIONAL USE FOR THREE RESIDENTIAL UNITS.

29 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.

WERE RETURNED IN FAVOR.

THREE WERE RETURNED IN OPPOSITION.

AND BEACON HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.

STAFF DOES NOT FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST.

THE APPLICANT IS MAINTAINING THE CURRENT R SIX BASED ZONING DISTRICT, WHICH IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION, LOW DENSITY RESIDENTIAL.

THE PROPOSED REZONING DOES NOT APPEAR TO CONFLICT WITH THE GOALS, PRINCIPLES, AND OBJECTIVES OF THE MIDTOWN NEIGHBORHOOD'S PLAN.

AND THE DENSITY IS CONSISTENT WITH THAT OF THE AREA.

STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS.

MAY WE HAVE THE APPLICANT PLEASE? HELLO, MY NAME IS JOSE ROMERO.

I AM THE, UH, GENERAL CONTRACTOR, UH, AUTHORIZED TO SPEAK ON BEHALF OF THE OWNER IZZY SHAPIRO.

IZZY AND MIKEL SHAPIRO WANNA TELL US ABOUT THE CASE? UH, ESSENTIALLY ALL WE ARE DOING IS LIKE, UH, MISS, UH, THING IS, UH, WHAT SHE SAID IS BUS.

WE'RE KEEPING THE PROPERTY AS IS.

WE'RE NOT ADDING SQUARE FOOTAGE, WE'RE NOT CHANGING THE STRUCTURE OF THE PROPERTY.

UH, WE'RE JUST DOING A LINE TO SEPARATE THE BOTTOM FLOOR INTO TWO UNIT.

OH, THAT'S ALL WE'RE DOING.

THE SECOND FLOOR, THERE'S, IT'S CONSIDERED TWO UNITS RIGHT NOW.

UH, 1 0 0 4 AND 1 0 0 6 1 0 0 4 A AND 1 0 0 4 B IS WHAT WE'RE UH, PROPOSING.

WE MAY HAVE QUESTIONS.

IS ANYONE SIGNED UP TO SPEAK? JAMES CARTER FOLLOWED BY COSA MCKELVIN.

I'M JAMES CARTER.

I BOUGHT 10 15 WEST GRAMERCY PLACE IN 1984.

I APPEARED BEFORE YOU SOMETIME IN THE NINETIES WHEN THE OWNER OF 10 10 AND 10 0 8 WHO HAS A DERELICT GARAGE APARTMENT IN THE BACK OF HIS DUPLEX, WANTED TO ADD A THIRD METER SO THAT HE COULD USE HIS GARAGE APARTMENT AS A RENTAL UNIT.

AND I WAS AGAINST THAT.

I'M AGAINST IT NOW.

AND THE MAIN REASON IS BECAUSE OF PARKING.

WHEN YOU HAVE THREE METERS, THAT MEANS YOU'RE GONNA HAVE THREE FAMILIES.

EACH FAMILY GENERALLY HAS TWO CARS.

THAT'S GENERALLY SIX CARS FOR TWO APARTMENTS.

THE SAME PROBLEM ACROSS THE STREET AT 10, 10, 10 0 8.

IF YOU APPROVE THIS GENTLEMAN'S THIRD METER, 10 10 AND 10 0 8 IS GONNA BE DOWN HERE ASKING YOU FOR A THIRD METER.

THERE'S TWO METERS AT 10 16, 10 14.

THAT PROPERTY OWNER IS ALSO GOING TO BE DOWN HERE ASKING YOU FOR A THIRD METER OR PROFITABLE.

I'M GONNA BE LEFT HOLDING MY PROPERTY A SINGLE FAMILY RESIDENCE.

THAT WAS A DUPLEX WHEN I BOUGHT IT.

I'VE TURNED IT BACK INTO A SINGLE FAMILY RESIDENCE AND I EXTENDED TO STAY THAT WAY.

I GAVE UP MY RIGHT TO MY SECOND METER WHEN THE NEIGHBORHOOD PLAN WAS PASSED IN 2000.

AND NOW I'M FACED WITH A GENTLEMAN ACROSS THE STREET WHO WANTS THREE METERS.

HE'S NOT ADDING ANY PARKING.

THESE PEOPLE PARK ON THE STREET, THEY PARK IN FRONT OF MY HOUSE.

THEY PARK ALL OVER THE STREET.

I UNDERSTAND THE STREET IS PUBLIC AND PEOPLE ARE ALLOWED TO PARK THERE, BUT IF YOU APPROVE THE METER, THERE'S NO PARKING.

WE NEED PARKING.

YOU HAVE A RESIDENCE, YOU NEED TO PARK SOMEWHERE.

AND PARKING ON THE STREET IS NOT WHAT WE WANT THEM TO DO.

NOT TO MENTION THE NEIGHBORHOOD PLAN THAT WE WENT TO IN 2000 THAT I THOUGHT WAS, I'M GOING TO DEVELOP MY PROPERTY AND IT'S GOING TO BE A NEIGHBORHOOD.

IT IS NOT GOING TO BE RENTAL UNITS.

WE'RE GONNA TURN THIS BACK INTO A NEIGHBORHOOD.

THANK YOU,

[03:00:03]

MS. COLVIN.

MS. COLVIN, FOLLOWED BY MARK SPIELMAN.

OKAY, FOUR MINUTES.

GOOD AFTERNOON AGAIN.

SO I'LL READ THIS STATEMENT FROM THE NEIGHBORHOOD ASSOCIATION.

THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION.

FIRST BECAME AWARE OF THIS CASE ON SEPTEMBER 19TH WHEN THE APPLICANT CALLED OUR NEIGHBORHOOD ASSOCIATION PRESIDENT.

UNFORTUNATELY, THIS TIMING DID NOT ALLOW FOR THE APPLICANT TO MEET WITH THE NEIGHBORHOOD ASSOCIATION ZONING AND URBAN DESIGN COMMITTEE, WHICH MEETS ON THE THIRD MONDAY OF EVERY MONTH.

HOWEVER, WE WERE ABLE TO BLOCK, WALK THE 24 PROPERTIES THAT ARE WITHIN THE 200 FOOT NOTIFICATION ZONE AND INVITED THOSE FOLKS TO ATTEND OUR MONTHLY ASSOCIATION MEETING WHERE THE APPLICANT WOULD MAKE A PRESENTATION AND A VOTE WOULD BE TAKEN AT LAST NIGHT'S MEETING.

THE MEMBERS OF THE ASSOCIATION PRESENT VOTED UNANIMOUSLY IN OPPOSITION OF THIS REQUEST.

IN 2000, OUR NEIGHBORHOOD IN PARTNERSHIP WITH THE CITY'S PLANNING DEPARTMENT, SPEND HUNDREDS OF VOLUNTEER HOURS DEVELOPING THE MIDTOWN NEIGHBORHOODS PLAN.

THIS PLAN WAS ADOPTED BY CITY COUNCIL ON OCTOBER 12TH, 2000, AND IS THE LEGALLY BINDING DOCUMENT THAT WE USE WHEN MAKING DEVELOPMENT PLAN AMENDMENT AND ZONING CASE DECISIONS.

THE LAND USE PLAN THAT IS INCLUDED IN THE MID MIDTOWN NEIGHBORHOOD PLAN DESIGNATES THIS BLOCK OF GRAMERCY AS LOW DENSITY RESIDENTIAL.

PAGE 43 OF THE PLAN SPECIFICALLY STATES AFTER CITY COUNCIL APPROVAL OF THE MIDTOWN NEIGHBORHOODS PLAN, THE PLANNING DEPARTMENT WILL CONSULT THE LAND USE PLAN AS A GUIDE FOR DEVELOPING STAFF RECOMMENDATIONS ON INDIVIDUAL ZONING CASES.

IT GOES ON TO PROVIDE LAND USE CLASSIFICATIONS, DESCRIPTIONS, THE, AND THIS IS WHAT? OH, THAT DOESN'T PROJECT VERY WELL.

OH WELL, GOODNESS.

UH, THIS IS THE LANGUAGE THAT I WAS MEANT TO HAVE UP THERE.

THE DESCRIPTION FOR LOW DENSITY RESIDENTIAL IS AS FOLLOWS, LOW DENSITY RESIDENTIAL USES USES INCLUDE SINGLE FAMILY HOUSES ON INDIVIDUAL LOTS.

LOW DENSITY RESIDENTIAL USES ALSO CAN INCLUDE A LIMITED NUMBER OF DUPLEXES AND GRANNY FLATS OR GARAGE APARTMENTS.

FOR EXAMPLE, A SINGLE FAMILY HOUSE WITH A GARAGE APARTMENT IS ALLOWED UNDER THIS CATEGORY.

A DUPLEX ALSO IS ACCEPTABLE.

HOWEVER, A DUPLEX AND A GRANNY FLAT ON ONE LOT IS NOT CONSIDERED TO BE A LOW DENSITY RESIDENTIAL USE.

IN OTHER WORDS, TWO HOUSING UNITS EQUALS LOW DENSITY RESIDENTIAL, NOT THREE NOWHERE IN THE STAFF REPORT IS OUR MIDTOWN NEIGHBORHOOD PLAN REFERENCE THE STATEMENT THAT THE R SIX RESIDENTIAL SINGLE FAMILY DISTRICT PROVIDES AREAS FOR MEDIUM TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL USES MAY REFLECT A BROADER GENERALIZATION DESCRIPTION OF R SIX, BUT IS NOT CONSISTENT WITH THE LOW DENSITY RESIDENTIAL LAND USE DESCRIPTION.

IN OUR PLAN, IT IS ALSO SOMEWHAT DECEIVING THAT THERE ARE MULTIPLE REFERENCES TO THE APPROPRIATENESS OF THE BASE ZONING, BUT IT IS THE CONDITIONAL USE THAT IS AT ISSUE HERE.

LASTLY, AS NOTED IN STAFF'S REPORT, THERE ARE OTHER DUPLEXES ON THE BLOCK AND EVEN SOME LOTS THAT ARE ZONED RM FOUR.

HOWEVER, INSTEAD OF THIS BEING A REASON FOR SUPPORT, WHAT THE NEIGHBORHOOD IS MORE CONCERNED ABOUT IS THE SETTING OF A PRECEDENT WITHIN THE 200 FOOT NOTIFICATION ZONE ALONE.

THERE ARE TWO OTHER VACANT HOMES AND ONE FOR SALE.

OUR NEIGHBORHOOD IS UNDER INTENSE PRESSURE TO ADD DENSITY AND WE HAVE DONE SO AND SUPPORTED ZONING CHANGES THAT HAVE DONE SO IN THOSE AREAS THAT OUR NEIGHBORHOOD PLAN HAS INDICATED AS APPROPRIATE.

IF WE START OPENING THE DOOR TO ALLOW INVESTORS TO ADD DENSITY FOR THEIR OWN FINANCIAL GAIN, WITHOUT RESPECTING THE NEIGHBORHOOD PLAN AND THE RESIDENTS OPINIONS, WHICH THE CITY ENCOURAGES, IT BECOMES DIFFICULT FOR RESIDENTS TO HAVE FAITH IN THE PROCESS.

WE RESPECTFULLY REQUEST YOUR VOTE TO RE RECOMMEND DENIAL OF THIS REQUEST.

OKAY, COMMISSIONER GREATHOUSE.

THAT'S ALL THAT SIGNED IN TO SPEAK.

WHY WE HAVE SAID THAT IT'S WITHIN THIS AREA, REGIONAL AREA PLAN.

UM, SO AGAIN, I'D, I'D LIKE TO, UM, ASK SOME QUESTIONS TO THE STAFF.

UM, THE QUESTION HERE, AND THIS IS ALSO FOR MY FELLOW, UM, COMMISSIONERS TO TAKE NOTE OF IT TO THE EXTENT THAT THEY HAVE REVIEWED THE, UH, STAFF REPORT.

SO THE STAFF REPORT HERE SAYS THE SUBJECT PROPERTY IS LOCATED WITHIN THE MIDTOWN AREA REGIONAL CENTER PLAN.

CAN YOU EXPLAIN

[03:05:01]

THAT WAS JUST AN ERROR ON MY PART IN THE STAFF REPORT.

IT'S MIDTOWN NEIGHBORHOODS PLAN.

OKAY, PERFECT.

BECAUSE THE, IT APPEARS TO BE IN THE MIDTOWN NEIGHBORHOODS PLAN, SO THAT'S OKAY.

SO CLARIFICATION THAT IT IS NOT IN FACT IN THE REGIONAL CORRECT.

OKAY, PERFECT.

UM, AND DO WE KNOW HOW MANY PARKING SPACES, UM, THIS PROPERTY HAS HAVE UP TO SIX PARKING SPACES.

UH, LEMME SEE, UH, THIS, ALL THIS RIGHT HERE WOULD BE PARKING SPACE.

ALL THIS.

NOW THIS, THIS IS A GARAGE.

UH, THE LADY FROM THE, UH, BEACON HILL ASSOCIATION DID MENTION TO ME THAT THERE IS AN ALLEY BACK HERE AND IF THERE WOULD BE A WAY FOR US TO PERHAPS HAVE AN ENTRANCE FROM THE BACK, IT COULD BE, UH, ABLE TO, UH, BE, WAIT, IS THIS THE BACK RIGHT HERE? YES.

YEAH, SO RIGHT AROUND RIGHT HERE.

THEY COULD PARK FROM HERE AND FROM UP HERE.

AND COULD WE GO BACK? COULD YOU JUST POINT OUT, UM, TO THE, BACK, TO THE PREVIOUS ONE, UM, COULD YOU POINT OUT YES, THANK YOU.

SORRY.

THIS, YES, COULD YOU JUST POINT OUT THE, THE UNITS AND KIND OF THE, THE LAYOUT OF THAT JUST FOR EVERYONE TO UNDERSTAND? OKAY.

YES MA'AM.

SO THIS IS 1 0 0 4.

WELL, YOU KNOW, BEFORE ALL THIS RECOMMENDATION, THIS IS ALL OF 1 0 0 4.

ALL OF THIS, IT WAS A, UH, A TWO AND A HALF BEDROOM WITH ONE BATH.

AND THIS WAS THE KITCHEN AREA.

THIS OTHER, THESE ARE THE STAIRS TO GO UP ABOVE.

UP ABOVE, THERE'S A THREE BEDROOM, ONE BATH.

WE'RE KEEPING THE SECOND FLOOR AS IS.

WE'RE NOT, WE'RE JUST BASICALLY RENOVATING IT, RESENDING THE FLOORS, DOING SOME SHIPLAP TO IT, THE ORIGINAL WOOD THAT, THAT IT HAS TO RESTORE SOME OF THE WOOD THE SAME AS THE FIRST FLOOR.

WE'RE KEEPING ALL THE ORIGINAL HARDWOOD.

WE'RE JUST ESSENTIALLY PUTTING UP A WALL RIGHT AROUND RIGHT HERE.

TO SEPARATE THE TWO ROOMS. SO THERE'S A, THE EXTERIOR DOOR, UH, THERE'S A DOOR RIGHT HERE TO COME TO THE SECOND UNIT.

AND THEN ALL THIS IS THE PARKING SPACE.

SO, UH, THAT'S WHAT WE'RE PROPOSING.

FIRST UNIT WOULD HAVE ITS OWN KITCHEN, ITS OWN BATHROOM.

SECOND UNIT WOULD HAVE ITS OWN KITCHEN, ITS OWN BATHROOM, LIVING ROOM AND BEDROOM.

SO THIS WOULD BE A SMALL 900 SQUARE FOOT OR UH, I THINK I HAVE IT SOMEWHERE HERE, BUT IT'S ABOUT 980 SQUARE FEET.

AND THIS IS 9 88 I BELIEVE.

SO I CAN CONFIRM.

AND SO THAT'S A TOTAL OF 1800 SQUARE FEET ON THE BOTTOM.

AND HOW BIG IS THE TOP? I'M SORRY, 6 71.

I'M SO SORRY.

SO IT'S 6 71, SO IT'S A TOTAL OF 6 71 AND 6 89.

SO THIS FIRST WOULD BE, UH, 6 89 AND THEN THIS IS 6 71 SQUARE FEET.

AND THEN THE SECOND FLOOR WOULD BE 23, UH, 1300.

SO IT'S A TOTAL OF 2600, 6 18 SQUARE FEET.

I THINK WE NEED TO PULL UP THE UMAR SITE PLAN.

THIS ONE IN THE PRESENTATION IS NOT THE MOST CURRENT.

HE ACTUALLY, I WORKED WITH HIM UP TO WHEN WAS IT RIGHT BEFORE THE DEADLINE? YEAH, IT'S FRIDAY TO GET THIS CORRECTED.

AND SO HE ISOLATED EACH UNIT MORE APPROPRIATELY AND WE LOADED THAT.

BUT IT LOOKS LIKE IT DIDN'T TRANSLATE OVER TO THE POWERPOINT PRESENTATION.

SO WOULD YOU LIKE FOR ME TO EMAIL IT TO HIM? NO, NO, IT'S FINE.

WE'VE GOT IT.

2 35 CD MICHAEL, THERE WE GO.

YES, THAT'S CORRECT.

MAY BE ABLE TO SEE THIS BETTER ON YOUR SCREEN, BUT THE FIRST, IT'LL TELL YOU ON THE VERY BOTTOM, HE ADDED LANGUAGE ABOUT THE FIRST UNIT IN THE FRONT, SECOND UNIT IN THE BACK.

UM, AND THEN THAT THIRD UNIT ON THE SECOND FLOOR.

AND THEN IT BREAKS UP THE SUITES TO 1 0 4 AND 1 0 6.

AND THEN IT WAS LABELED FOR BOTH PROPERTIES AS WELL.

HEY, UM, ANY COMMISSIONERS ON MY LEFT WITH QUESTIONS? COMMISSIONER GIBBONS? I GOTTA WORK ON THE LEFT SIDE.

I NEED MORE QUESTIONS.

SO I'M NOT THE ONLY ONE.

UM, THIS IS A REALLY CUTE NEIGHBORHOOD.

IT REALLY IS A VERY

[03:10:01]

BEAUTIFUL NEIGHBORHOOD.

UM, LET ME, LET ME TALK TO, I'D LIKE TO JUST ASK YOU A COUPLE QUESTIONS.

THE, NOW THE GENTLEMAN AT 10 14 IS THAT, THAT WAS YOUR ADDRESS, CORRECT? YES, 10 15.

LET ME, YOU COME TO THE MIC.

AND, UH, HOW LONG HAVE YOU LIVED IN THE NEIGHBORHOOD? I HAVE, UH, I'VE MOVED OUTTA THE NEIGHBORHOOD IN 94.

I'VE CONTINUED TO OWN THE HOUSE.

MY DAUGHTER JUST RECENTLY MOVED OUT OF IT.

SO YOUR HOUSE IS A RENTAL THEN? IT'S GOING TO BE, YES.

ACTUALLY I'M THINKING I'M PROBABLY GONNA SELL IT.

SO YOU MOVED OUT IN 94 HAS BUT IT DOESN'T LOOK LIKE THE NEIGHBORHOOD HAS CHANGED MUCH.

AND IF YOU HAD A RENTAL THEN IT DOESN'T LOOK LIKE IT AFFECTED THE STREET VERY MUCH IN THAT REGARD.

IF, IF THIS, THIS PARTICULAR HOUSE, 'CAUSE I WANNA, I WANNA CONSIDER YOUR CONCERN HERE.

IF THIS PARTICULAR HOUSE BECAME THREE UNITS, IT WOULD IMPROVE THE, UH, CURB APPEAL OF, OF THE, OF THAT STREET THERE, WOULDN'T IT? DON'T YOU THINK? UH, IF IT'S ALLOWED TO BECOME THREE UNITS, THEN THE NEXT OWNER IS GONNA APPLY FOR HIS THIRD METER.

THE NEXT OWNER NEXT TO HIM IS GOING TO.

AND HOW DO YOU KNOW THAT? APPLY FOR HIS THIRD METER BECAUSE IT, HE'S ALL, HE'S ALREADY BEEN REFUSED A THIRD METER.

AS I SAID, I CAME BEFORE YOU IN THE 1990S TO PROTEST HIS THIRD METER AND THE ZONING COMMISSION TURNED HIM DOWN.

AT THAT POINT, THE SAME GENTLEMAN STILL OWNS THE PROPERTY.

IF, IF YOU ALLOW A THIRD METER AT THE PROPERTY NEXT TO HIS, HE'S GONNA ASK FOR HIS THIRD METER.

SO YOU THINK IT'S JUST GONNA KIND OF ALL THE WAY DOWN THE STREET.

IT'S, BUT YOU DON'T KNOW THAT FOR SURE 'CAUSE YOU DON'T LIVE THERE ANY LONGER.

SO THAT'S, THAT'S NOT A FACT, THAT'S JUST MAYBE MORE OF A, A CONCERN THAT YOU HAVE ON THE STREET.

GENERALLY THE PEOPLE WHO OWN THE DUPLEXES ARE OLDER LIKE MYSELF.

THOSE ARE IN THE PROCESS OF BEING SOLD.

IF YOU CAN HAVE THREE METERS, IT'S A MORE POPULAR PROPERTY, IT GETS MORE MONEY BECAUSE AS A RENTAL UNIT YOU CAN MAKE MORE MONEY.

WHAT THE NEIGHBORHOOD PLAN WAS TRYING TO DO WAS TURN THAT BACK INTO A NEIGHBORHOOD.

WHAT THIS GENTLEMAN WANTS TO DO IS TURN IT INTO A RENTAL AREA WHERE THERE'S RENT HOUSES AND THAT'S NOT WHAT IT'S MEANT TO BE.

OKAY, I GET IT.

UM, AND THEN THANK YOU.

THANK YOU VERY MUCH.

AND THANK YOU FOR COMING, UH, TO THE APPLICANT.

ARE YOU, ARE YOU REDESIGNING ANY OF THE EXTERIOR OF NO, UH, THERE WAS A BEFORE.

I'M SORRY, THERE WAS A BEFORE PICTURE.

I THINK HE HAD ONE.

UH, THAT'S KIND OF LIKE THE WAY IT LOOKED.

UH, IT NEEDED MAJOR FOUNDATION.

UH, HOUSE WAS ON, UH, PIER FROM LIKE 19 HUNDREDS OR SO.

SO IT NEEDED MAJOR FOUNDATION.

THERE WAS SOME, UH, PLUMBING ISSUES BELOW THAT'S CURRENTLY GETTING FIXED.

HAS NOTHING TO DO WITH THE, UH, RENOVATION OF THE, UH, OF THE WALL.

BUT, UM, THERE'S A PICTURE OF IT NOW.

I BELIEVE YOU.

THERE'S A MORE CURRENT ONE.

WE KEPT THE, UH, ORIG SOME OF THE ORIGINAL, WELL THE POST ARE ORIGINAL, RIGHT? UH, THE TOP PART OF IT IS BASICALLY THE SAME.

WE JUST REDID THE BALCONY THERE.

UH, WE'RE JUST TRYING TO MAKE IT, WE'RE BEAUTIFYING THE PLACE.

UH, NOT ADDING SQUARE FOOTAGE, JUST PUTTING LANDSCAPE, MAKING IT PRETTY.

AND THEN I NOTICED THERE'S A HOUSE DOWN THE STREET THAT HAD A, UM, A, A UH, DUMPSTER TRAILER IN THE FRONT YARD.

THAT THEY LOOKED LIKE THEY HAD REMODELED ALSO.

DO YOU KNOW WHAT THEIR REMODELING EXTENT WAS? WAS IT JUST A, I I'M NOT TOO SURE.

UH, I THINK IT'S JUST A FLIP WHERE THEY'RE KEEPING IT.

THE OWNER'S NOT TRYING TO FLIP, FLIP THIS PROPERTY.

HE'S TRYING TO KEEP IT, UH, RENT IT.

AND THEN THE DRIVEWAY GOING TO THE, RIGHT NOW IS THAT A CONCRETE DRIVEWAY THAT'S EXISTING? IS THAT IT'S, UH, ASPHALT DRIVEWAY ALL THE WAY TO THE BACK.

SO WILL YOU BRING IT FURTHER TO THE BACK ASPHALT OR WHAT HAPPENS WHEN IT GETS TO THE BACK? SO IT WOULD BE ASPHALT TO WHERE THE LINE MARKERS AT, AND THEN THE REST WOULD BE EITHER, UH, SOME AREAS OF PAVERS AND, UH, WHAT'S LIKE ROCK, LIKE JUST A NICE DRIVE DRYWALL DRIVEWAY.

RIGHT NOW THERE'S SOME PATCHY AREAS OF, OF ASPHALT.

WE'RE BASICALLY JUST LEVELING, LEVELING IT OUT.

SO IF YOU'RE GONNA HAVE THREE UNITS, WHAT WOULD BE THE RENTAL OF EACH OF THOSE UNITS COMPARED TO THE RENTAL? IF IT WAS A RENTAL OF THE HOUSE ITSELF? OH, THE, UH, THE FIRST UNIT WOULD BE CLOSE TO ABOUT 1,900 TO A THOUSAND.

WE WERE TO RENT THE WHOLE HOUSE AS A THREE UNIT OR LIKE THE WAY IT IS, IT'D BE ABOUT, I DON'T KNOW, 1800, 1700.

NINE 50 WOULD DO TO BE MORE, UH, PRECISE.

THE BACK UNIT WOULD BE ABOUT SEVEN 50.

'CAUSE IT'S, IT'S JUST A TAD BIT SMALLER.

AND THEN THE, UH, SECOND FLOOR WOULD BE ABOUT 1200.

AND IF I WERE TO JUST RENT THAT WHOLE HOUSE, WHAT WOULD YOU PUT ON THE MARKET FOR THE WHOLE HOUSE TO JUST ONE OWNER? UH, IT, IT WOULDN'T FIT THE NUMBERS, BUT IF

[03:15:01]

REALLY? OKAY.

AND THAT WOULD BE HARD TO FIND SOMEBODY TO FILL UP THAT SPACE? I DON'T KNOW.

IT WOULD BE HARD TO FIND SOMEONE TO PUT IN THERE.

IT WOULD BE, YES.

UH, THERE'S A, SEE THE FIRST FLOOR, THE, THERE'S A WALL THAT DIVIDES FIRST AND SECOND FLOOR, SO YEAH.

OH, THERE'S A WALL ALREADY? YEAH, IT'S ALREADY, THE WAY IT IS IS A DUPLEX.

SO WE'RE JUST ADDING THE THIRD.

THAT'S IT.

SO IF WE WERE TO RENT THE ENTIRE UNIT, JUST AS A JOKE, RIGHT, MAYBE THE KIDS WOULD HAVE TO GO THROUGH THE SECOND FLOOR AND LIVE UP THERE AND THEN IF MOM AND DAD WOULD LIVE DOWN HERE, THAT JUST DOESN'T FIT.

YEAH, YOU'D HAVE TO RENT IT AS TWO.

UM, ANY OTHER, UH, QUESTIONS, UH, COMMISSIONERS ON MY RIGHT.

COMMISSIONER SIPES, IT'S A QUESTION FOR THE APPLICANT.

AND, UH, YOU WERE, UM, YOU WERE TALKING ABOUT THE ASPHALT THAT YOU'RE ADDING FOR THE, THE, THE DRIVEWAY, CORRECT? IS THAT, ARE YOU PAVING THE FRONT YARD THERE WITH, UH, CONCRETE? SO THIS IS ASPHALT.

ALL THIS IS ASPHALT.

SOME OF IT IS BROKEN DOWN.

THIS IS GRASS RIGHT HERE.

THIS IS A DRIVE, THE, THE SIDEWALK, UH, I GUESS TO GO UP UPSTAIRS RIGHT HERE.

SO THIS WOULD BE LANDSCAPE, GRASS, GRASS.

ALL THIS WOULD BE GRASS RIGHT HERE.

SO YOU'RE NOT GOING TO IT.

THE, THE, THE WAY THAT YOU HAVE IT HATCHED RIGHT THERE.

IT LOOKS LIKE IT'S CONCRETE BECAUSE IT'S THE SAME HATCH AS WITH THE SIDEWALK.

AND SO YEAH, ALL THIS IS, I'M SORRY, THIS IS CONCRETE RIGHT ABOUT WHERE THIS DUMPSTER'S AT ALL TO THE BACK AS, AS ASPHALT.

LIKE JUST, OKAY.

GO BACK.

GO BACK, UH, IF YOU CAN TO THE, OKAY, WHAT I'M ASKING IS BETWEEN THE DRIVEWAY AND THE SIDEWALK THERE, THAT RIGHT THERE, IS THAT RIGHT HERE? YES.

WHAT IS THAT TO BE? THAT'S GRASS.

JUST REGULAR GRASS.

AND IT'S TO REMAIN GRASS.

I CAN, I CAN PUT A PARKING THERE IF YOU WANT, BUT I NO, NO, NO, NO.

THAT'S, I'D RATHER, I'D RATHER LANDSCAPE IT.

THAT'S I WELL, THAT, YEAH, THAT, THAT'S WHY I WAS ASKING IS BECAUSE IT LOOKS LIKE THAT'S WHERE YOU WERE GONNA PUT PARKING.

OH, NO, NO.

THE WAY IT'S DRAWN.

NO, IT WOULD BE ALL THIS RIGHT HERE.

ALL THIS.

THAT'S ALL.

AND HE'S NOT ABLE TO DO THAT, BY THE WAY.

HE CAN'T PUT, UM, MORE IMPERVIOUS COVER UP THERE.

NOT WITHOUT A VARIANCE FOR THE BOARD OF ADJUSTMENT.

IT'S IN AN N C D MM-HMM.

COMMISSIONER ROMERO, I JUST WANTED TO GET CLARIFICATION FROM STAFF CURRENTLY AS THE DUPLEX IS THAT, UM, IN COMPLIANCE, NON-CONFORMING OUT OF COMPLIANCE LORIANNE, I'M GONNA KIND OF CHIME IN HERE BECAUSE THERE'S A, SO THE ZONING DOESN'T, IT'S NOT AN OLD BEAD R FOR CONVERSION OR THE, THE ZONING NEVER ALLOWED FOR A, UH, DUPLEX.

HOWEVER, IT'S GONNA DEPEND ON WHEN THE STRUCTURE WAS BUILT.

IF IT WAS BUILT BEFORE, BEFORE WE ANNEXED IT AND OR, UH, WE WE'VE APPLIED ZONING ON IT, THEN UM, IT WOULD BE LEGAL NON-CONFORMING.

BUT WE'RE JUST NOT, WE'RE NOT CLEAR ON THAT RIGHT NOW BECAUSE ACCORDING TO THE INFORMATION IN THE ZONING HISTORY, IT'S, IT WAS ZONED R ONE, WHICH ONLY ALLOWED SINGLE FAMILY AND THEN CONVERTED TO R SIX.

SO IT DOESN'T APPEAR TO BE, UH, A LEGAL DUPLEX BY RIGHT.

BASED ON ZONING, BUT IT MAY BE BASED ON WHEN THE STRUCTURE WAS BUILT.

IT WAS BUILT IN 1930, SO QUITE A WHILE AGO.

AND A DUPLEX CAN NEVER COUNT AS A SINGLE FAMILY HOME WITH AN ACCESSORY DWELLING? IT DEPENDS ON HOW BIG THE SECOND UNIT IS.

UM, IT CAN, IT CAN'T BE MORE THAN, I THINK IT'S 35% OF THE FLOOR AREA OF THE, OF THE OTHER UNIT.

SO IT'S JUST GONNA DEPEND ON HOW IT'S BUILT.

ANY OTHER QUESTIONS? OKAY, COMMISSIONER GREATHOUSE.

A LOW DENSITY RESIDENTIAL USE.

UM, SO I, I HAVE A LOT OF CONCERNS WITH THIS CASE.

UM, AND UH, AND I'LL BE MO MAKING A MOTION FOR DENIAL, BUT LET ME GO THROUGH, UM, THE REASONS WHY.

UM, MY BIGGEST ISSUE IS THE FACT THAT WE'RE NOT RESPECTING THE FUTURE LAND USE OF THE PROPERTY.

UM, AS THE NEIGHBORHOOD POINTED OUT, UM, THE LOW DENSITY RESIDENTIAL CLASSIFICATION OF THE LAND IS WHAT CONTROLS.

AND, UM, HERE WE HAVE, I THINK THE LANGUAGES, WHILE IT COULD HAVE BEEN DRAFTED MORE CLEARLY, I THINK IT'S FAIRLY CLEAR IN THE EXAMPLES THAT IT GIVES.

IT SAYS A DUPLEX AND A GRANNY FLAT ON ONE LOT IS NOT CONSIDERED TO BE

[03:20:01]

SO THAT, TO ME, I INTERPRET THAT AS MEANING THREE LOTS.

SO AS THE NEIGHBORHOOD REPRESENTATIVES POINTED OUT ONE UNIT, OKAY, TWO UNITS, OKAY, THREE UNITS NOT OKAY.

REGARDLESS OF THE AGE OF THE PLAN.

I KNOW IT'S FROM THE YEAR 2000, AND MAYBE SOME PEOPLE DON'T THINK THAT THAT'S IMPORTANT, BUT UNTIL THIS NEIGHBORHOOD HAS THE OPPORTUNITY, WHICH IS IN TWO YEARS FROM NOW TO REVISIT THEIR NEIGHBORHOOD PLAN, THIS IS WHAT THEY HAVE.

WE'VE HEARD FROM THE NEIGHBORHOOD ASSOCIATION, THEY WANNA RESPECT THAT.

UM, AND THE NEIGHBORHOOD I LIVE IN, BY THE WAY, ALSO IS FROM LIKE 1988, I BELIEVE IS OUR NEIGHBORHOOD PLAN.

AND WE'VE RUN INTO MANY TIMES, UM, STAFF MAKING RECOMMENDATIONS SAYING YOUR NEIGHBORHOOD PLAN IS TOO OLD, DESPITE THE FACT THE NEIGHBORHOOD HAS SAID TIME AND TIME AGAIN, WE WANT TO GO WITH THIS UNTIL WE HAVE THE OPPORTUNITY BECAUSE WE WERE TOLD WE DIDN'T HAVE THE OPPORTUNITY UNTIL 2021 OR 2022.

SO I WANNA RESPECT THAT.

UM, SOME OF THE OTHER ISSUES THAT I HAVE WITH THIS, UM, THE VALUES OF PROPERTY IN THIS AREA, THE TAXES HAVE INCREASED EXPONENTIALLY.

THIS AREA'S EXPERIENCING A LOT OF PRESSURE.

UM, AND PART OF IT IS DUE TO THE FACT THAT THERE HAVE BEEN, UM, JUST A LOT OF FOLKS MOVING IN.

UM, THERE'S A LOT OF TURNOVER WITH PROPERTIES THAT ARE GETTING UPDATED.

UM, YOU KNOW, THE, THE, THE NEW PURCHASER WHO PAID VERY GOOD MONEY FOR THIS PROPERTY, UM, LIKELY NEEDS THAT THIRD UNIT OR WANTS TO HAVE THAT THIRD UNIT TO MAKE THIS PROPERTY MORE, UM, VI COMMERCIALLY VIABLE FOR THEM.

HOWEVER, THAT PUTS THE SAME PRESSURE ON ALL THE PROPERTIES AROUND THAT THEN THAT ARE STILL SINGLE FAMILY OR THAT ARE DUPLEXES.

SO THEN THOSE SELL FOR MORE.

AND THEN THOSE PEOPLE SAY, I NEED AN ADDITIONAL UNIT IN ORDER TO FINANCE MY PROPERTY.

UM, SO I HAVE A LOT OF CONCERNS WITH THAT BECAUSE THEN WE GET INTO THIS SITUATION OF PROPERTIES JUST GOING AND, AND, AND SELLING FOR MAYBE MORE THAN WHAT THEY SHOULD.

AND THEN THE HOMEOWNERS WHO'VE BEEN THERE FOR A LONG TIME, WE'RE FORCING THEM OUT BECAUSE OF THE, THE INCREASE IN THEIR PROPERTY TAXES.

UM, ALSO, I I'M NOT CONCERNED ABOUT THIS BEING A RENTAL PROPERTY.

YOU KNOW, I THINK IT ALREADY IS A RENTAL PROPERTY.

THERE ARE A LOT OF RENTAL PROPERTIES IN THE AREA.

I DON'T THINK THAT THAT'S AN, AN ISSUE.

UM, IN FACT I THINK THAT'S A GOOD THING.

BUT, UM, YOU KNOW, I'M, I'M JUST CONCERNED ABOUT THE FACT THAT WE ARE ADDING DENSITY IN AN AREA THAT CLEARLY IS, HAS BEEN IDENTIFIED AS A LOW DENSITY AREA.

DID YOU WANNA MAKE YOUR MOTION NOW? YES.

MOTION TO DENY ITEM NUMBER ONE.

THREE SECOND.

WE HAVE A MOTION FOR DENIAL ON ITEM 23 WITH A SECOND ON THE FLOOR.

UM, ANY DISCUSSION? COMMISSIONERS ON MY LEFT? UM, COMMISSIONERS ON MY RIGHT.

COMMISSIONER ROMERO? YEAH, JUST REAL FAST.

UM, I REALLY RESPECT EVERYTHING, UH, COMMISSIONER JUST SAID, AND I, I, THAT THE STATEMENT FROM THE NEIGHBORHOOD ASSOCIATION WAS REALLY, REALLY HELPFUL AND I APPRECIATE THAT AND I, I DON'T SEE ANY WAY TO GO AGAINST THAT.

I ALSO THINK IT WAS REALLY IMPORTANT TO BRING UP THE POINT ABOUT THE PULLING DOWN THE CONDITIONAL USE BECAUSE WE DO IT A LOT WITH COMMERCIAL AND EVEN AT THAT IT'S SOMETIMES REALLY ODD.

UH, BUT WHEN YOU'RE DOING IT WITH, WITH, UH, HOUSING AND YOU'RE, YOU'RE PULLING DOWN A CONDITIONAL USE THAT'S CHANGING A NEIGHBORHOOD FOREVER, THAT'S, IT'S JUST A SIGNIFICANTLY DIFFERENT KIND OF THING, UM, THAN CONDITIONAL USE WITH COMMERCIAL.

IT'S SOMETHING I WANNA SPEND A LITTLE MORE TIME THINKING ABOUT.

'CAUSE I'M A STRANGE PERSON, I GUESS.

UH, BUT I WILL SUPPORT THE MOTION.

COMMISSIONER MCDANIEL.

UM, MY TWO ECHO KYLIE, UH, COLLEAGUE'S CONCERNS ABOUT, UH, GOING AGAINST THE NEIGHBORHOOD PLAN.

UM, I DO THINK THAT THE OWNERS PURCHASED THIS IN MOUNT JUNE, I THINK OF THIS YEAR.

AND THEY PURCHASED IT AS THE DUPLEX WITH PROBABLY WHAT THEY THOUGHT WERE THE RENTALS AT THE TIME.

I CERTAINLY DON'T BLAME THEM FOR WANTING A THIRD UNIT, BUT I THINK THAT THEY UNDERSTOOD THAT THAT PROBABLY WASN'T THE CASE AT THE TIME.

UM, AND I, I WANNA STAND WITH THE NEIGHBORHOODS ON THIS BECAUSE TOO OFTEN I THINK WE'RE FINDING THAT WE'RE FINDING THESE UNITS WHERE THEY HAVE BEEN OPERATING, UM, OUTTA WHACK FOR A WHILE AND, AND THE NEIGHBORS HAVE BEEN STRUGGLING WITH THESE ISSUES.

SO I WANNA PROTECT THE NEIGHBORHOOD PLAN AS IT STANDS.

UM, IF THERE'S NO OTHER DISCUSSION, ROLL CALL, VOTE PLEASE.

COMMISSIONER GIBBONS? NO.

Z 2 0 1 9 DASH 1 0 7 0 2 3 8 LOCATED AT 1 1 0 6 LONO STREET IS A REQUEST TO CHANGE THE ZONING FROM I ONE TO I DO Z THREE WITH USES PERMITTED IN C THREE GENERAL COMMERCIAL DISTRICT.

COMMISSIONER BUSANTE.

[03:25:02]

MOTION PASSES ZONING.

CASE

[25. 19-7569 ZONING CASE Z-2019-10700238 (Council District 1): A request for a change in zoning from "I-1 AHOD" General Industrial Airport Hazard Overlay District to "IDZ-3 AHOD" High Intensity Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-3" General Commercial District on Lot 3 and Lot 4, Block 1, NCB 2101, located at 1106 Lombrano Street. Staff recommends Approval. (Mercedes Rivas, Senior Planner, (210) 207-0215, Mercedes.Rivas2@sanantonio.gov, Development Services Department)]

47 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.

AND THERE WAS NO RESPONSE FROM THE WEST END HOPE INACTION.

NEIGHBORHOOD ASSOCIATION STAFF HAS NOT FOUND LIKELY EVIDENCE OF ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE 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.

MAY WE HAVE THE APPLICANT PLEASE? HELLO, MY NAME'S EDWARD CASTILLO AND I'M THE ENGINEER IN CHARGE OF THIS PROJECT.

HE'S THE OWNER, CHUCK RAMON.

WHAT WE'RE TRYING TO DO HERE IS THAT THERE'S A 16 SLAB THAT'S BEEN THERE FOR QUITE A BIT AND BECAUSE OF THE SITE OFFSETS THAT WE HAVE FOR THE BUILDING, THE CURRENT ZONING, UH, WE'RE NOT ALLOWED TO BE WITHIN FIVE, FIVE FEET FROM THE OTHER PROPERTY.

SO WE'RE TRYING TO REZONING TO I D D, WHICH ALLOWS US TO KEEP THE EXISTING FOUNDATION TO REBUILD ON TOP OF THAT, AND THAT'S THE ONLY REASON WHY WE'RE HERE.

WE MAY HAVE QUESTIONS.

IS ANYONE SIGNED UP TO SPEAK? NO MA'AM.

UH, COMMISSIONER GREATHOUSE.

QUESTION FOR THE APPLICANT? YES.

WHAT IS THE PLAN TO USE FOR THIS PROPERTY? APPARENTLY THERE'S ANOTHER RENTER ON ANOTHER PROPERTY THAT HE OWNS DOWN THE STREET THAT DOES HYDRAULIC REPAIR FOR HAMMERS AND STUFF LIKE THAT.

HE'S TRYING TO RELOCATE THOSE PEOPLE TO THAT LOCATION.

SO IT'S GONNA BE A METAL BUILDING WITH TWO BAYS.

THEY'RE GONNA BE OPENED UP WHICH I BELIEVE THAT'S WHAT WAS THERE BEFORE.

UM, I'M GOOD, THANKS.

UM, ANY OTHER QUESTIONS? COMMISSIONERS ON MY LEFT.

UM, QUESTIONS COMMISSIONERS ON MY RIGHT.

COMMISSIONER MCDANIEL QUESTION FOR THE APPLICANT? YES.

HAVE YOU SPOKEN WITH THE NEIGHBORS NEXT TO THIS PROPERTY ABOUT THE COMMERCIAL USE THAT YOU WANNA BRING IN? ME SPECIFICALLY? NO.

BUT I'VE GONE TO THE NEIGHBORHOOD, UH, UH, ASSOCIATION, UH, WITH THE, UH, COUNCILMAN AND I'VE TALKED TO EVERYBODY THERE THAT SHOWED UP AND I DIDN'T HEAR ANYTHING FROM THEM.

SO NOT KNOWING A LOT ABOUT HYDRAULIC REPAIRS, BUT YOU'RE HOLDING A METAL BUILDING WITH TWO BAYS.

I'M ASSUMING THERE'S SOME INDUSTRIAL NOISE THAT COULD COME FROM THIS PROPERTY.

SO WHAT WOULD BE YOUR HOURS OF OPERATION? I BELIEVE REGULAR HOURS OF OPERATION ARE FROM EIGHT TO FIVE STANDARD MONDAY THROUGH FRIDAY.

AND, UH, HOW TALL IS THIS METAL BUILDING? WE DON'T, WE DON'T KNOW YET.

UH, WE HAVEN'T GONE THROUGH THE DESIGN PHASE, UH, BUT WHATEVER'S REQUIRED OR THAT THEY ASK US TO DO, THEN WE'LL DO IT.

BUT IT IS GONNA BE ONE STORY.

UM, THAT'S ALL I HAVE FOR NOW.

ANY OTHER QUESTIONS FROM ANY OF THE COMMISSIONERS? COMMISSIONER GREATHOUSE? SORRY, I APOLOGIZE.

UM, I DID WANNA ASK STAFF ON THIS.

IS THERE A PLANNED, UH, LARGE AREA REZONING FOR THIS AREA? CAN SOMEONE CLARIFY THAT? I DON'T KNOW IF THIS IS WITHIN THE BOUNDARY OF, UM, THE WESTIN HOPE IN ACTION BOUNDARY THAT PLANNING DEPARTMENT WOULD DO AFTER THE ADOPTION OF THE WEST SIDE COMMUNITY PLAN? IT'S POSSIBLE, BUT UM, JUST BECAUSE WE'RE THERE WITHIN THE AREA, THEY MAY NOT REZONE IT.

AGAIN, THEY MAY JUST BE LOOKING AT, UM, USES ON THE GROUND VERSUS ZONING OF THE AREA AND THEN JUST ALIGN THOSE.

SO, BUT WE DON'T HAVE A CLEAR ANSWER AS TO WHETHER NOT OFFHAND RIGHT NOW, NO.

OR NOT.

[03:30:01]

I KNOW IT'S NOT PART OF MY, OUR WORK FOR THE LARGE AREA REZONINGS THAT WE'RE WORKING ON.

'CAUSE IT WAS MY UNDERSTANDING THAT IT, THAT IT WAS THAT OF THE WEST END HOPE IN ACTION ONE.

THAT WAS MY UNDERSTANDING.

IF IT IS, THEN THAT'S THE ONE THAT PLANNING DEPARTMENT WOULD DO, BUT AGAIN, THEY WOULDN'T DO THAT UNTIL AFTER THE ADOPTION OF THE WEST SIDE COMMUNITY PLAN.

AND IT, THERE CURRENTLY IS NO NEIGHBORHOOD PLAN FOR THIS AREA, IS THAT CORRECT? THAT'S CORRECT.

SO WHEN WE SAY IT'S CONSISTENT WITH THE FUTURE LAND USE PLAN, THAT'S BECAUSE THERE IS NOT ONE.

THANKS.

SO, SO THE STATEMENT ACTUALLY SAYS THAT THE SUBJECT PROPERTY IS NOT LOCATED WITHIN ANY COMMUNITY, NEIGHBORHOOD, OR SECTOR PLAN.

THEREFORE, A FINDING OF CONSISTENCY IS NOT REQUIRED.

THAT'S JUST NOT, THAT'S NOT WHAT WAS STATED, BUT THAT, THAT'S OKAY.

COMMISSIONER GIBBONS, UM, I GUESS TO THE APPLICANT DO, BEHIND YOU IT SAYS ON GOOGLE MAPS THAT THIS, THIS IS CJ AUTO SERVICE.

IT LOOKS LIKE A HOUSE.

WELL, I DIDN'T STUDY THAT PARTICULAR HOUSE.

HOW ABOUT ACROSS THE STREET? THERE'S A YELLOW BUILDING WITH CARS PARKED.

DO YOU KNOW WHAT THAT IS? OR MAYBE STAFF KNOWS IF, IF YOU'RE TALKING ABOUT L STAR ZAMO OR LAMBANO? NO.

WHAT'S THE CARLA CARLA THE CAR LOT, CARLA.

OKAY, THEN WHAT'S ACROSS THE STREET FROM 1106? LODO.

LAMBANO.

WHAT'S THAT BUILDING? EASY CASH TAX CENTER.

BUT LOOKS, OKAY.

THAT'S NOT A, THAT'S NOT A AUTO PLACE, BUT THEN DOWN THE STREET YOU GOT BILLY'S PIT, PIT STOP.

SO I'M JUST KIND OF FOLLOWING SOME TRAIN OF THOUGHT THAT'S COME UP BEFORE ON A LOT OF ONE, ONE TYPE OF BUSINESS.

CONDENSED IN ONE AREA.

'CAUSE IF YOU'RE TELLING ME YOU'RE GONNA DO LIFTS, THAT SOUNDS LIKE IT'S CAR RELATED TYPE BUSINESS.

IT'S, IT'S NOT CAR RELATED.

THEY'RE MORE HYDRAULIC, UH, EQUIPMENT.

WHAT WOULD YOU USE HYDRAULIC EQUIPMENT FOR YOU DOING? IT'S LIKE A JACKHAMMER.

OH, IT'S LOUD.

CAN YOU COME TO THE MICROPHONE PLEASE, SIR? CURRENT TENANT IS, UH, MY NAME IS CHUCK RAMON.

UH, THE CURRENT TENANT THAT I'M TRYING TO RELOCATE TO THIS SPOT, HE HAS A C E O, WHICH IS DESIGNATED UNDER, I THINK, UH, V TWO.

SO THAT'S WHAT HE WAS OPERATING.

THAT'S HOW HE'S OPERATING.

NOW, WHAT DOES HE DO WITH THE HYDRAULICS? PEOPLE BRING HIM HYDRAULIC HAMMERS AND THEY TAKE THEM APART AND JUST FIX THEM, PUT HOSES ON AND SEE RESEAL THEM.

OH, SO HE REPAIRS? YES.

SO, BUT YOU GOTTA RUN THE HYDRAULIC TO SEE IF IT'S REPAIRED.

IS IT, IS IT VERY LOUD? UH, UM, I DON'T KNOW WHAT IT TAKES TO REPAIR THEM, BUT, UH, I DON'T KNOW, LIKE A MOTORCYCLE.

DOES IT SOUND LIKE A MOTORCYCLE MAYBE, OR NOT LIKE A MOTORCYCLE.

THAT'S, THAT'S PRETTY LOUD.

SOUND LIKE AN AIRPLANE? NO, I THINK IF ANYTHING IT'S PROBABLY, UH, LIKE A, MAYBE A DRILL WITH SANDERS ON IT OR SOMETHING LIKE THAT.

I REALLY DON'T KNOW, BUT IT'S NOT PARTICULARLY LOUD.

SO I'M JUST, NOW DO YOU KNOW WHAT'S BEHIND THAT? IS THAT A HOUSE OR IS THAT A BUSINESS? BUT YOU'RE JUST GONNA BUILD ON THAT SLAB.

SO IT LOOKS LIKE IT'S YES MA'AM.

IT'S GOT A BUFFER THERE.

AND YOU'RE JUST GONNA REBUILD ON THAT SLAB? YES MA'AM.

AND YES, THERE USED TO BE A WAREHOUSE IN THAT SLAB BEFORE THOSE HOUSES WERE THERE.

AND, UH, UH, CITY ENDED UP KNOCKING THE WAREHOUSE DOWN.

SO I'M JUST TRYING TO, BEFORE I BECAME THE OWNER.

UM, ANY OTHER QUESTIONS? COMMISSIONERS? OKAY.

UH, COMMISSIONER GREATHOUSE AND THEN YOU CAN HAVE THE FLOOR AFTER YOUR QUESTION.

AND SORRY, I'M USUALLY MORE ORGANIZED THAN THIS.

UM, IS THERE ANY BUFFER REQUIREMENT, UM, WHEN YOU HAVE A SINGLE FAMILY USE NEXT TO A C THREE USE? BUFFER REQUIREMENTS ARE ZONING, DISTRICT TWO, ZONING DISTRICT.

UH, SO YES, THERE IS A BUFFER REQUIREMENT BETWEEN A RESIDENTIAL ZONING DISTRICT AND A C THREE ZONING DISTRICT.

HOWEVER, THIS IS AN I D Z THREE, UM, ZONING DISTRICT.

SO BUFFER STANDARDS ARE GONNA BE IN A DIFFERENT PART OF THE CODE, BUT I'M

[03:35:01]

NOT SURE IF THEY APPLY.

HOLD ON A SECOND.

SO BUFFERING STANDARDS DO NOT APPLY TO INFILL DEVELOPMENT ZONES.

THEY STILL HAVE A SETBACK AND THEY STILL HAVE LANDSCAPING ALONG THE STREET.

UH, BUT THE BUFFER REQUIREMENTS THAT YOU WOULD TYPICALLY FIND, UM, ARE NOT APPLICABLE TO I D Z.

SO, UM, I MAKE A MOTION TO DENY ITEM 25.

UM, AND THIS IS BECAUSE, UH, I HAVE SEVERAL ISSUES AND I UNDERSTAND THIS IS A DOWN ZONING OR IT WAS A PROPOSED DOWN ZONING FROM AN I ONE.

HOWEVER, UM, I DON'T THINK AN IDZ THREE, UH, WITH USES IN C THREE IS APPROPRIATE FOR THIS PROPERTY, GIVEN THE FACT THAT, UM, WHILE I KNOW THE PRO THE HOUSE JUST TO THE WEST IS, UH, ZONED MF 33, UM, IT IS A SINGLE FAMILY USE.

THERE IS VERY LITTLE SETBACK BETWEEN WHERE THIS, UM, BUILDING IS PROPOSED TO BE, TO BE CONSTRUCTED AND THE, THE FOLKS LIVING NEXT DOOR.

AND IF YOU LOOK JUST GENERALLY IN THE AREA WHILE THERE, THERE ARE SOME MIXED USES AND THERE ARE CERTAINLY SOME INDUSTRIAL USES ALONG THE Z ZAMORA CORRIDOR.

UM, YOU KNOW, THIS, THIS ONE HAS SINGLE FAMILY HOME ACROSS THE STREET OR, UM, NEXT TO IT, NEXT DOOR TO THAT KIND OF AS YOU GO DOWN THE STREET, THEY'RE ALL SINGLE FAMILY WHAT APPEAR TO BE SINGLE FAMILY HOMES, LET'S PUT IT THAT WAY, EVEN THOUGH THEY'RE ALL ZONED MF 33.

AND THEN ACROSS THE STREET YOU ALSO HAVE A CHURCH, UM, WHICH I COULD SEE LOUD NOISES POTENTIALLY INTERRUPTING A CHURCH SERVICE.

UM, SO THIS, FOR ME IT IS, IT'S JUST, I I CAN'T SUPPORT THIS.

UM, AND WITH THE UNDERSTANDING THAT THIS AREA IS SUPPOSED TO BE GETTING A COMMUNITY PLAN, A LAND USE PLAN, FUTURE LAND USE PLAN, UM, AND IS POTENTIALLY GOING THROUGH A LARGE AREA OF REZONING, I'M NOT IN FAVOR OF THIS SECOND, UM, I'M SORRY.

THE, UM, PUBLIC, UH, HEARING IS, UH, OVER NOW THAT YOU, SHE'S MADE THE MOTION.

SO, UM, THE MOTION IS ON THE FLOOR FOR DENIAL AND, UH, WE HAVE A SECOND ON THE FLOOR.

ANY DISCUSSION? COMMISSIONERS ON MY LEFT? COMMISSIONER GIBBONS.

OH, UM, OKAY.

I'M A LITTLE BIT PUZZLE.

I WASN'T EXPECTING THAT.

UM, WASN'T IT, WASN'T IT USED FOR COMMERCIAL TO BEGIN WITH? WASN'T ALWAYS COMMERCIAL OR WAS IT OR RESIDENTIAL AT, WHEN PROPERTY WAS OWNED, INDUSTRIAL WAS USED AS INDUSTRIAL PREVIOUSLY.

OH, IT WAS INDUSTRIAL, CORRECT.

SO THE PROPERTIES NEXT TO IT GOT THE ZONE CHANGED.

NO, IT'S STILL INDUSTRIAL TODAY.

WELL, THEY LOOK LIKE HOUSES FOR THIS PARTICULAR PROPERTY.

IT'S ZONED I ONE.

IS THAT NORMAL IN THIS AREA? YES.

IF IT'S, THIS WAS PART OF AN OLD CODE CONVERSION, SO I MEAN, THESE COULD HAVE BEEN THE OLD D AND THE AND THIS ONE IS PROBABLY THE OLD J MAYBE.

YEP.

J TO I ONE.

I MEAN, UM, GOSH, I'M ALWAYS CONCERNED WHEN THERE'S VACANT TRACK LIKE THAT AND IT, IT SERVED THAT PURPOSE PRIOR.

SO I DON'T KNOW IF I COULD SUPPORT THE DENIAL OF STAFF.

IS IT FOR APPROVAL OF IT AND LOOKS LIKE THE STREET HAS GOT CHURCH AND CHURCH AND CHURCH AND THEN HOUSES.

SO I I I DON'T KNOW IF I WOULD SUPPORT THE DENIAL.

I I'M GONNA VOTE ON THAT.

THANK YOU MADAM CHAIR.

YOU KNOW, I, I CERTAINLY UNDERSTAND COMMISSIONER GIBBONS POSITION.

I, I, I THINK I FIND MYSELF ALIGNING MYSELF MORE WITH COMMISSIONER GREATHOUSE IN THIS CASE.

YOU KNOW, THIS IS DIFFICULT IN THE SENSE THAT, YOU KNOW, IF WE COULD DO A C THREE AND AVOID SOME OF THAT BUFFER TO ALLOW HIM TO REUSE THAT FOUNDATION, THAT WOULD BE KIND OF THE BEST OF BOTH WORLDS POSSIBLY.

UM, YOU KNOW, BECAUSE THEN WE COULD MAYBE, MAYBE PUT IN SOME CONDITIONS.

FOR EXAMPLE, CHURCHES TYPICALLY MEET, YOU KNOW, SUNDAYS, WEDNESDAYS EVENINGS, THINGS LIKE THAT.

WE COULD LIMIT THE HOURS OF OPERATION.

UNFORTUNATELY, BECAUSE OF, UH, THE ATTEMPT TO AVOID THE BUFFER BECAUSE OF THE I D Z.

WE CAN'T ADD THOSE CONDITIONS.

AND SO THAT'S WHAT MAKES THIS SOMEWHAT DIFFICULT TO MY MIND.

AND SO I DO THINK I WILL BE SUPPORTING THE MOTION.

UM, DISCUSSION COMMISSIONERS ON MY RIGHT.

UH, COMMISSIONER ROMERO.

I WILL SUPPORT THE MOTION.

[03:40:02]

UM, COMMISSIONER SIPES? YEAH, NO, I AGREE THAT THIS IS A, I I CONSIDER THIS TO BE A PRETTY DIFFICULT CASE.

I, WHAT I KIND OF LOOK AT IS WE SOMETIMES TALK ABOUT THESE NON-CONFORMING USES THAT, THAT HAPPEN WHERE WE HAVE, UM, IN AN IDEAL WORLD, YOU WOULDN'T HAVE TWO USES ADJACENT TO EACH OTHER.

AND WE TALK ABOUT HOW WELL IN THE FUTURE THE IDEA IS THAT, THAT IF THAT USE GOES AWAY, THEN IT WILL REVERT TO SOMETHING ELSE.

AND I SEE WE'RE KIND OF TRYING TO AVOID THAT, YOU KNOW, WITH, WITH TRYING TO NOT HAVE A BUFFER, TRYING TO KIND OF SHOEHORN SOMETHING IN, EVEN THOUGH I KNOW THAT THERE WAS AN INDUSTRIAL USE THERE BEFORE, I LOOK AT IT AS, OKAY, WELL IT WAS A WAREHOUSE, IT WAS JUST A BIG GARAGE.

A LITTLE BIT DIFFERENT IN, IN, IN ITS USE.

SO IT IS A TOUGH DECISION.

UM, BUT I THINK I WILL BE SUPPORTING COMMISSIONER GREATHOUSE AS WELL, UM, AS WELL BECAUSE IT'S I D Z AND WE DON'T HAVE THE, THE LEEWAY TO, YOU KNOW, WORK WITH BUFFERS AND CONDITIONS.

I THINK I'LL BE SUPPORTING THE MOTION AS WELL.

UM, ANY OTHER, UM, UH, COMMENTS? UH, COMMISSIONER MCDANIEL? HOW'D I GET A CLARIFICATION FROM STAFF? SO IF I D Z FAILS AND THIS LAND REMAINS WITH I ONE, IS THE USE THAT HE'S REQUESTING ALLOWED IN I ONE? YES.

HE, WELL, NO, IT'S NOT PULLED DOWN.

IT'S ALLOWED IN AN I ONE, SO HE'LL BE ABLE TO DEVELOP IT AS I ONE HE'LL PROBABLY NEED TO GO TO THE BOARD OF ADJUSTMENT FOR SETBACKS.

SO THE SETBACKS THEN WOULD STILL MAYBE COME BACK INTO PLAY AND WE COULD TO ZONING, BUT TO THE BOARD OF ADJUSTMENT.

BUT, BUT OKAY.

NO, NO, I UNDERSTAND THAT.

BUT AT LEAST THAT THE BOARD OF ADJUSTMENT COULD SAY NO, THEY COULD SAY IT'S NEXT TO RESIDENTIAL AND WE'RE NOT GONNA ALLOW THAT JUST FOR THE SETBACKS, NOT THE USE.

UM, COMMISSIONER GREATHOUSE, AND JUST KIND OF A CLARIFICATION, BUILDING ON HER CLARIFICATION, UM, WHAT, IS THERE A SETBACK FROM I ONE TO, UH, SINGLE FAMILY OR MULTIFAMILY OR ANY OTHER? YES, THERE'S A REAR SETBACK OF 30 FEET AND A SIDE SETBACK OF 30 FEET.

IF THERE'S NO OTHER DISCUSSION, ROLL CALL, VOTE PLEASE.

COMMISSIONER GIBBONS? NO.

COMMISSIONER HUY? YES.

COMMISSIONER BUSA MONTE.

SO, UM, THAT CONCLUDES OUR, UM, HEARING AND WE ARE NOW ON, ARE WE DO THE MINUTES? OH NO, I WAS GETTING READY.

I SAID THE HEARING OF CASES.

I'M MOVING TO THE MINUTES NOW.

THE, UM, OCTOBER, UM, FIRST MIN MINUTES.

UM, SO WE HAVE

[30. 19-7615 Consideration and Approval of the October 1, 2019 Zoning Commission Minutes]

UM, ARE THERE ANY CORRECTIONS? UM, YOU SAID WHAT? WE'RE GOOD.

FOR THE RECORD, I HAD POINTED OUT THAT THE CHAIR WAS NOT AT OUR LAST MEETING AND CORRECTION WAS NEEDED.

GOOD.

OKAY, SO THAT'S ALREADY CORRECT.

UH, WE'VE GOT THAT.

SO, UM, IF THERE ARE NO OTHER, UM, UH, CORRECTIONS, THEN UM, THEY WILL BE APPROVED AS UH, CORRECTED.

UM, WHAT WE DID RELATED TO THE STATUS OF THE REAPPOINTMENTS IS WE REACHED OUT TO THE COUNCIL AIDES, UH, COPIED THE CLERK'S OFFICE SO THAT WAY WE CAN LET THEM KNOW, HEY, WE STILL HAVE SOME HOLDOVERS, UH, FOR, UH, ZONING COMMISSION.

UM, ANY, UM, DIRECTOR'S REPORT?

[Director's Report: Status of Appointments]

UH, SINCE THAT ONE WE GOT ONE THAT WAS SUBMITTED, UH, FOR THE MAYORAL APPOINTMENT.

AND, UM, SO , LITTLE BY LITTLE, I THINK THAT THE, THE REST OF 'EM WILL BE TRICKLING IN.

SO YOU MAY, IF YOU HAVEN'T BEEN REAPPOINTED, YOU MAY START SEEING YOUR NAME UP THERE SOON.