[00:00:04]
OKAY, EVERYBODY, IT IS TWO OH SEVEN.
WE'RE GOING TO CALL THE JANUARY 14TH, 2026 PLANNING COMMISSION MEETING TO ORDER.
WOULD STAFF PLEASE DO A ROLL CALL? COMMISSIONER SANCHEZ PRESENT.
PRESENT? COMMISSIONER MILAM? HERE.
CAN WE HAVE THE SPANISH ENGLISH INTERPRETER PLEASE? GOOD AFTERNOON.
[Plats ]
OKAY.UH, TODAY WE'LL HAVE TWO AGENDAS.
OUR FIRST AGENDA IS THE COMBINED HEARING AGENDA.
CASES PLACED ON THE COMBINED HEARING AGENDA ARE CASES WHERE STAFF RECOMMENDS APPROVAL.
THE PLANNING COMMISSION DOES NOT REQUIRE ANY FURTHER DETAILED DISCUSSION, AND NOBODY SIGNED UP TO SPEAK ON THE ITEM.
ALL CASES WILL BE READ INTO THE RECORD IN ONE UNIFIED MOTION.
IF SOMEONE HAS SIGNED UP TO SPEAK ON AN ITEM, IT WILL BE MOVED TO INDIVIDUAL HEARING AGENDA.
SECOND AGENDA IS THE INDIVIDUAL HEARING AGENDA.
THOSE WILL BE HEARD SEPARATELY BEFORE ANY MOTION IS ENTERTAINED.
SO RIGHT NOW I HAVE EVERYTHING EXCEPT FOR ITEMS 11, 12, 13, 15, 16, AND 18 ON THE CONSENT AGENDA.
UM, BEFORE WE MOVE TO CONSENT AGENDA, I'M GOING TO ASK COMMISSIONER BUSTA MONTE TO LEAVE THE MEETING FOR PURPOSES OF RECUSAL ON ITEMS TWO, THREE, AND FIVE.
COMMISSIONER BUSTA MONTE HAS LEFT THE MEETING, AND WE'LL MOVE FORWARD WITH THE CONSENT AGENDA.
IS THERE ANY QUESTIONS, COMMENTS, OR WE ENTERTAIN A MOTION? MOVE.
TO APPROVE THE CONSENT AGENDA, WE HAVE A MOTION FOR APPROVAL BY COMMISSIONER MILAM SECOND.
SECOND BY COMMISSIONER SANCHEZ.
UH, IT IS TWO 10 AND COMMISSIONER BUSANTE HAS REENTERED THE MEETING.
[Comprehensive Master Plan Amendments ]
WE'RE NOW GONNA MOVE FORWARD WITH ITEM NUMBER 11.ITEM 11 IS A REQUEST, UH, FOR AMENDING THE SOUTHEAST COMMUNITY AREA PLAN LOCATED AT 14, OR I'M SORRY, 1514 RIGSBY AVENUE.
NOTICES MAILED FOUR IN FAVOR, ZERO OPPOSED NO NEIGHBORHOOD REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
AND THEY'RE REQUESTING A TWO WEEK CONTINUANCE TO THE JANUARY 28TH, 2026 MEETING.
UM, SO APPLICANT'S NOT HERE, SO, UH, WE CAN EITHER MAKE A MOTION TO CONTINUE, DENY OR APPROVE.
I MOVE TO CONTINUE, UM, THIS ITEM TO THE JANUARY 28TH MEETING.
SECOND, WE HAVE A MOTION BY COMMISSIONER SIEGEL FOR A TWO WEEK CONTINUANCE TO JANUARY 28TH AND IS SECOND BY COMMISSIONER MILAM.
SHALL I PLEASE DO A ROLL CALL? VOTE.
MOTION PASSES FOR CONTINUANCE.
ALEX RATANA PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 12 IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE WEST SOUTHWEST SECTOR PLAN.
FROM GENERAL URBAN TIER TO MIXED USE CENTER, LOCATED AT 4 3 9 WEST MILITARY DRIVE.
THERE WERE 30 NOTICES MAILED SIX IN FAVOR, ZERO OPPOSED WITHIN 200 FEET.
LACKLAND TERRACE NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
AND OUTSIDE THE 200 FEET, THERE WAS NO RESPONSE.
THE PROPOSED PLAN AMENDMENT FROM GENERAL URBAN TIER TO MIXED USE CENTER IS REQUESTED TO REZONE THE PROPERTY TO IDZ THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED IN C3 GENERAL COMMERCIAL DISTRICT MANUFACTURED HOMES SLASH OVERSIZED VEHICLE CELL SERVICE OR STORAGE AND PARKING STORAGE LONG TERM, THE PROPOSED MIXED USE CENTER LAND USE IS NOT CONSISTENT WITH THE SURROUNDING PROPERTIES.
[00:05:01]
THE REQUESTED MIXED USE CENTER IS OUTTA CHARACTER WITH THE SURROUNDING LAND USE DESIGNATIONS AND USES.SURROUNDING AREA IS PRIMARILY COMPRISED OF GENERAL URBAN TIER CIVIC CENTER AND SUBURBAN TIER LAND USES, WHICH ACCOMMODATE MODERATE COMMERCIAL AND RESIDENTIAL USES.
THE PROPOSED LAND USE WOULD PERMIT, USES MORE INTENSE THAN WHAT IS CHARACTERISTIC OF THAT AREA.
ADDITIONALLY, THE SUBJECT PROPERTY ABUTS A RESIDENTIAL NEIGHBORHOOD TO THE SOUTH AND THE INTRODUCTION OF THIS LAND USE WOULD ALLOW FOR FURTHER INTENSE COMMERCIAL ENCROACHMENT.
STAFF RECOMMENDS DENIAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
THE APPLICANT LIKE TO ADDRESS THE COMMISSION.
THANK YOU FOR LISTENING TO ME.
UH, MY NAME IS HASAM BAL BII, AND, UM, I OBTAINED THIS.
UH, CAN YOU STATE YOUR ADDRESS FOR THE RECORD, PLEASE? SORRY.
IT'S, UH, 7 4 3 9 WEST MILITARY DRIVE IN SAN ANTONIO, TEXAS.
UM, YES, I OBTAINED THIS VACANT LOT BACK IN, UH, OCTOBER, 2019, UM, ABOUT A FEW HUNDRED MILES DOWN.
I OWN A MECHANIC SHOP CALLED HPO SERVICES SINCE 1998, SO I'M FAMILIAR WITH THE AREA.
UM, I WANTED TO, UH, UH, SAY SOME POINTS PLEASE.
UH, PART OF THE REZONING, THE CURRENT ZONING FOR THIS, FOR THE PROPERTY, IT'S C3 COMMERCIAL USE.
SO AS, AS IT'S KNOWN, IT'S REALLY INTENSE, UH, USE FOR ANY, UH, COMMERCIAL USE.
SO WE'RE TRYING TO REALLY, UH, DO A SPECIAL USE TO, UM, ACCOMMODATE, UM, STORAGE FOR SHORT AND LONG TERM, UH, VEHICLES.
UM, I, I, WE BELIEVE THAT THIS WILL HOPEFULLY HELP THE AREA AS IT'S, UH, IN THE SITE PLAN.
IT SHOWS, UH, ON THE RIGHT HAND SIDE THERE IS, UM, SHOPPING CENTER DAIRY QUEEN.
THERE IS, UM, UH, 24 HOURS LAUNDRY MAT.
SO IT IS, UH, UH, ACROSS THE STREET THERE IS A LOT OF, UM, COMMERCIAL USE SHOPPING CENTERS AND, AND SO ON.
UM, IN THE BACK THERE IS, UM, UM, UM, SORRY, AN APARTMENT COMPLEX.
AND THEN FOR ON THE LEFT, UH, LEFT HAND SIDE, THERE IS, UH, A HOMEOWNERS RESIDENTIAL.
AND BEFORE I REALLY STARTED THE PROCESS, I WENT TO, UM, I, UH, SPOKE TO MR. DERICK WITH DISTRICT SIX, SHARED WITH HIM THE INFORMATION IN THE PROPOSED, UH, REZONING CASE, UM, EXPLAINING ALL THE SITUATION HE WAS, UH, IN FAVOR OF THE REQUEST.
UH, SECONDLY, I, UH, CONTACTED THE, THE HOME ASSOCIATION, UM, THROUGH THE PRESIDENT, MS. MELINDA.
SHE HAD QUESTIONS AND CONCERNS AND I ATTENDED THE MEETING ON OCTOBER 21ST, 2025.
UH, EXPLAINED THE SITUATION AND, UM, OVERWHELMINGLY THE MEMBERS, INCLUDING THE PRESIDENT, UH, HAD A SUPPORT FOR THAT.
AND I HAD, I HAVE AN EMAIL WITH THAT.
UH, MOST IMPORTANT, I WENT DOOR TO DOOR TO THE RESIDENCE OF THE MY NEIGHBORS, UM, HAVING THE PAPER OF THE PETITION AND ASKED, UH, ANSWER THEIR QUESTIONS AND CONCERN.
ONE MOST IMPORTANT ONE WAS REALLY TO REPAIR THE DAMAGED, UH, OPEN AREA, THE FENCE, UH, AROUND THE PROPERTY WHERE UNFORTUNATELY, UH, WE DO HAVE, WE DO HAVE, UH, PICTURES IF WE CAN SHARE.
IT WAS AN AREA FOR REALLY, UH, TRESPASSING, UH, UNFORTUNATELY DRUG TRAFFICKING AND, AND, UH, HOMELESS, UH, PEOPLE STAYING THERE.
UH, YEAH, IT'S, UH, ANOTHER, UH, PICTURE.
SO PART OF THAT REALLY WE, UH, THERE'S ONGOING CLEANING OF THE PROPERTY, SECURING IT AND MAKING IT REALLY, UH, YEAH, SECURE, FULFILL THE NEEDS OF THE NEIGHBORS, THEIR CONCERNS, DRILLING, UH, THAT'S HOW IT USED TO BE.
AND THEN THIS IS A PICTURE SHOWS THAT WE ARE FIXING IT AND MAKING IT CLEANER.
UM, UM, THERE IS, UH, A FEW HUNDRED FEET DOWN NORTH FROM THIS PROPERTY, UH, UH, PROPERTY ON 7 5 23 WEST MILITARY DRIVE.
AND IT WAS, UM, THE GENTLEMAN, WHICH IS, I KNOW HIM, THE OWNER.
HE WENT THROUGH THE PROCESS AND HE GOT IT REZONED TO THE SAME, UM, UH, USE I DO HAVE ASK ASKING FOR BACK IN JUNE, 2025.
UM, AND THE PICTURES WE HAD BEFORE SHOWS THAT, UH, UH, THERE IS, UM, TRUCKS AND VEHICLES,
[00:10:01]
UM, STORED IN THIS PROPERTY.UM, AS I WAS CLEANING THE PROPERTY, UH, I WAS APPROACHED BY SEVERAL SMALL COMPANIES, SMALL BUSINESSES, CONTRACTING WITH CPS AND SAN ANTONIO WATER SYSTEM TO USE THEIR PLACE.
UH, ONE OF 'EM IS THIS, UH, COMPANY.
THEY'RE GROWING AND THEY NEED MORE SPACE TO ACCOMMODATE THEIR TRUCKS.
UH, REALLY, I, I HOPE, AND I THINK THAT WHAT WE ARE PROPOSING IS IN LINE WITH THE AREA SINCE THERE IS A GENTLEMAN JUST, UH, HAD IT, UH, USED FOR THAT.
AND THEN HOPEFULLY IT'S IN LINE BECAUSE WE ARE REALLY ASKING FOR AN EXTRA, UH, PROVISION FROM A, UH, A HIGHLY INTENSE COMMERCIAL TO AN EXTRA COMMERCIAL USE.
UH, WE'LL START WITH COMMISSIONER QUESTIONS.
WE'LL START ON THE LEFT WITH COMMISSIONER BUSANTE.
COMMISSIONER SIEGEL, I HAVE QUESTIONS.
UM, SO, UM, WE ARE BEING INFORMED THAT, UM, THE PURPOSE THAT YOU WOULD LIKE TO USE THIS SITE FOR IS LONG-TERM VEHICLE STORAGE, LIKE OVERSIZED VEHICLES, 16 WHEELERS, MAYBE SOME RVS, OVERSIZED VEHICLES.
UM, SO, UM, MY QUESTION IS, AND CAN WE LOOK AT THE SITE PLAN AGAIN, PLEASE? I SAW THAT YOU HAVE PROVIDED IN YOUR SITE PLAN A 15 FOOT SETBACK BETWEEN YOUR PROPERTY AND THE ADJACENT SINGLE FAMILY RESIDENTIAL PROPERTIES TO THE SOUTH.
UM, I DON'T SEE A SIMILAR SETBACK, UM, I GUESS BECAUSE IT'S A DRIVING LANE BETWEEN YOUR PROPERTY AND THE APARTMENT COMMUNITY TO THE WEST, AND THEN THERE'S NO BUFFER BETWEEN THE PARKING ACTIVITY ON YOUR SITE AND THE COMMERCIAL ACTIVITY TO THE NORTH.
SO, UM, I'M, I, I BELIEVE THAT, I UNDERSTAND THAT YOU ARE REQUESTING THIS PLAN AMENDMENT, UM, AND THEN YOU'RE ALSO GOING TO BE REQUESTING A ZONING AMENDMENT TO AN IDZ CATEGORY.
SO TO ANSWER THE FIRST PART, UM, UM, WE MADE AN, AN AMENDMENT.
UH, WE ARE, WE DID DELETE THE SECTION WHERE WE'RE GONNA USE, UH, RV.
THERE IS NO RV GONNA BE IN THERE.
AND, UH, SO THAT SIDE, THAT MUST HAVE BEEN CHANGED, ALTHOUGH ALSO IT WILL NOT HAVE 18 WHEELERS.
NO, IT WOULD BE JUST AN OVERSIZED VEHICLE SUCH AS MY NEIGHBOR, ALTHOUGH HIS, HIS PER HIS AREA SAYS HIS SIGNS HIS RV AND SUCH, AND 18 WHEELERS.
IT'S ON THE, IN THE, IT WAS CHANGED AS A PART OF THE SITE PLAN.
IT'LL BE BASICALLY TRUCKS FOR CPS, UH, UH, VEHICLES WITH GOOD STICKERS.
BUT NOT OVER, OVER THE ROOF, NOT OVERSIZED.
NO, THE HIGHEST WOULD BE IS THE SAME.
IT'LL BE LIKE, UM, CRANES LIKE A TRUCK.
WE'LL HAVE JUST A, YEAH, I THINK THERE WILL BE CRANES AND LIKE CONSTRUCTION VEHICLES, HEAVY CONSTRUCTION VEHICLES.
IT WILL BE ONLY THE SPECIFICATION OF OVERSIZE IS A TRUCK WITH A, WITH A LITTLE LEFT ON IT.
I, I JUST WANT TO OVER, ACCORDING TO OUR DEFINITION FOR THE UDC OVERSIZED VEHICLE IS A MOTOR VEHICLE OR TRAILER, WHICH BY ITSELF BASICALLY TO EXCEED ANY ONE OF THE THREE FOLLOWING DIMENSIONS, 24, 24 FEET IN LENGTH, EIGHT FEET IN WIDTH, OR EIGHT FEET IN HEIGHT.
SO ANYTHING THAT HAS GOES BEYOND THOSE DIMENSIONS IS GONNA BE CONSIDERED AN OVERSIZED VEHICLE.
AND THAT DOESN'T, AGAIN, WE TYPICALLY LOOK AT SIX 18 WHEELERS, BUT AGAIN, OVERSIZED VEHICLES ALLOW, OR IS INCLUDING WORK TRUCKS, UH, BOX TRUCKS, THOSE KIND OF ITEMS. AND THERE'S NO UPPER LIMIT.
SO, YEAH, YOU KNOW, ONE OF THE THINGS THAT WE HAVE TO THINK ABOUT IS THE LONG TERM IMPLICATIONS OF THE, THE RECOMMENDATIONS THAT WE MAKE HERE.
AND, AND YOUR NEIGHBORS, UM, BELIEVE THAT THEY BELIEVE IN YOU.
THEY BELIEVE YOU'RE GOING INTO THIS WITH THE BEST OF INTENTIONS AND THAT YOU'LL BE A CONTINUE TO BE A GOOD NEIGHBOR.
BUT WE ALSO HAVE TO THINK ABOUT WHAT THE FUTURE PROPERTY OWNERS MIGHT DO WITH, UM, THE PROPERTY.
SO I'M JUST GONNA SWITCH TAX HERE.
AND, UM, ASK ABOUT THE, UM, SETBACK THAT'S PROVIDED ON THE SITE PLAN.
IS THAT A REQUIRED SETBACK WITH THE, UM, THE ZONING THAT'S ALSO BEING SOUGHT IN CONJUNCTION WITH THIS PLAN AMENDMENT
[00:15:01]
IDZ? NO.SO, SO THAT SETBACK COULD DISAPPEAR FROM THE SITE PLAN AND THERE WOULD BE NOTHING TO ENFORCE IT? WELL, IF THE SITE PLAN, IF THE SITE PLAN WAS TO BE APPROVED BY CITY COUNCIL, THEY WOULD HAVE TO COMPLY WITH THAT.
BUT BETWEEN THIS ACTION TODAY AND THE PRESENTATION TO CITY COUNCIL, THAT SITE PLAN COULD CHANGE.
WE TYPICALLY DO NOT PERMIT A SITE PLAN TO BE SIGNIFICANTLY CHANGED BEFORE IT GOES TO CITY COUNCIL.
THEY SHOULD BE REVIEWING THE SAME ITEMS THAT YOU HAVE REVIEWED.
AND WOULD THAT BE CONSIDERED A SIGNIFICANT CHANGE? CORRECT.
UM, SO THIS SITE PLAN THEORETICALLY COULD BE APPROVED BY CITY COUNCIL, AND THEN THIS SITE PLAN WOULD BE WHAT IS IMPLEMENTED ON THE SITE, YOU KNOW, WITH MINOR ADJUSTMENTS.
SO, UM, I ALSO WANTED TO ASK ABOUT, I SEE YOU HAVE SOME, UM, SMALL LANDSCAPING PLANNED ON THE WEST BOUNDARY.
IS THERE GONNA BE ANY KIND OF, UM, YOU KNOW, OTHER THAN THE SPATIAL BUFFER, IS THERE GONNA BE ANY, ANY KIND OF NOISE BUFFER TO THE SOUTH? BECAUSE I'M THINKING ABOUT OVERSIZED VEHICLES HAVING LARGE ENGINES AND EXHAUST SYSTEMS THAT CREATE SOUND AND AROMAS THAT WE HAVE HEARD OTHER COMMUNITY MEMBERS IN THE PAST EXPRESS ARE UNDESIRABLE.
UH, THE REASON I PUT REALLY THE BUFFER, ALTHOUGH IT'S, I KNEW IT'S NOT, IT IS NOT, UM, PART OF THE SITE PLAN JUST REALLY TO PROTECT THE NEIGHBORS.
THERE'S NO PARK IN THAT AREA BECAUSE I, I'M, I'M CONCERNED ABOUT THE, THE, THE NEIGHBORS FROM THAT SIDE.
THAT'S WHY I DIDN'T PUT NO BUFFER BETWEEN ME AND THE BUSINESSES BECAUSE IT'S BUSINESSES.
SO THAT BUFFER CAN, CAN STAY PART OF THE SITE PLAN.
UM, REALLY, UH, I DON'T KNOW WHAT'S THE BEST I CAN DO AS FAR AS THE NOISE.
IT'LL BE SIGNS, NO, NO LOUDSPEAKERS, NO MUSIC.
IT'LL BE, UH, A CERTAIN HOURS, UH, MAYBE A OPERATION.
UH, THERE'S A, A CAN BE ELECTRIC GATE, SO IT'S GONNA BE ONLY ONLY MEMBERS OR PEOPLE THAT HAVE ACCESS TO THAT, WHICH IS, THAT'S PART OF THE, THE, THE PLAN.
UM, WE WILL FOR SURE MONITOR IT AND MAKE SURE THAT, UH, THE BEST WE CAN KEEP THE PLACE CLEAN AND QUIET AS MUCH AS WE CAN.
THAT'S WHY I REALLY PUT THAT BUFFER BETWEEN ME AND THE NEIGHBORS.
AND THEN CAN YOU ALSO SPEAK ABOUT THE, UM, NEW LIGHT FIXTURES I SEE ALONG THE SOUTHERN BORDER? IS THERE GONNA BE A TIMER WHEN THOSE MIGHT, MIGHT THEY TURN OFF AFTER 11 O'CLOCK? YES, MA'AM.
SO PEOPLE CAN SEE YES, FOR SURE.
THERE IS AN EXISTING TWO LIGHTS IN THE FRONT WITH TIMER MM-HMM
FROM 7:00 PM THEY LIGHT, THEY TURN ON TILL SIX, SIX IN THE MORNING.
SO THE, THERE WILL BE TIMERS AND THERE WILL BE EVERY HUN EVERY 200 FEET A LIGHT ON THE OTHER AREA.
AND THAT'S, I SHARED THAT WITH THE NEIGHBORS, AND THEY, LIKE, THEY REALLY LIKE THE IDEA.
AND THEN ALSO, I'M THINKING ABOUT THE HOURS OF OPERATION.
I UNDERSTAND IT'S LONG-TERM STORAGE.
SO, UM, THAT COULD BE, YOU KNOW, A FEW DAYS.
IT COULD BE EVEN JUST OVERNIGHT PARKING FOR PRACTITIONERS WHO DON'T HAVE THEIR OWN VEHICLE STORAGE.
OR PROFESSIONALS WHO DON'T HAVE THEIR OWN VEHICLE STORAGE.
SO I MEAN, ARE PEOPLE GONNA BE COMING AT FOUR O'CLOCK IN THE MORNING AND WARMING UP THEIR TRUCK AND, YOU KNOW, RUNNING THE ENGINE RIGHT NEXT TO PEOPLE'S BEDROOMS? LIKE, NO, THAT'S HONESTLY, THAT, THAT WOULD NOT BE THE CASE.
IT WOULD BE, UH, ALMOST EXACTLY LIKE MY, MY NEIGHBOR.
UH, I, MY GOAL IS REALLY TO ACCOMMODATE THE SMALL COMPANIES AND RESPECTFUL PEOPLE.
IT WOULD NOT BE JUST A, A GENTLE, ANYBODY COMING IN AND, HEY, I HAVE MY CAR, I'M GONNA START.
THIS IS NOT MY, MY INTENTION NEITHER MY PROPOSAL.
I HAVE A MECHANIC SHOP AND I, I WANNA RUN THINGS PROFESSIONALLY AS MUCH AS I CAN.
SO MY GOAL IS REALLY TO GET, UH, AS I MENTIONED, THERE'S A COMPANY APPROACH ME FROM CPS.
THERE'S PEOPLE COMING FROM HOUSTON, THEY'RE LOOKING FOR A QUIET, NICE AREA.
SO MY GOAL IS NOT INDIVIDUALS, IT'S EITHER SMALL COMPANIES OR PEOPLE HAVE LIKE, UM, GOOD, GOOD RELATIONSHIP IN THE NEIGHBORHOOD.
UM, SO I, AGAIN, I WANNA STATE THAT, LIKE I DON'T, UM, I BELIEVE YOU AND YOUR NEIGHBORS SUPPORT YOU, AND THAT SPEAKS REALLY WELL.
AND, AND SO THE QUESTIONS THAT I'M ASKING, DON'T HAVE A REFLECTION ON WHAT YOUR PERSONAL INTENTIONS ARE, BUT JUST ON SURE.
WHAT COULD BE DONE WITH THIS LAND IF WE MAKE A RECOMMENDATION TO GRANT YOUR REQUEST TODAY, RIGHT? YES.
UM, SO I WANT TO ALSO ASK ABOUT THE PERVIOUS COVER AND THE, UM, SITE DRAINAGE FROM THIS PROPERTY.
IT'S CURRENTLY, UH, WELL, I MEAN, I'M JUST LOOKING AT, UM, GOOGLE MAPS, RIGHT? I'M LOOKING AT AN AERIAL VIEW, AND IT'S LARGELY UNPAVED.
THERE ARE A LOT OF TREES ON THE SITE.
UM, SO THE IMPERVIOUS COVER OF THIS SITE IS GONNA INCREASE BY A HUNDRED PERCENT ALMOST, RIGHT? SO WHAT'S GONNA HAPPEN WITH THE SITE RUNOFF?
[00:20:01]
HOW ARE WE GONNA DEAL WITH THAT DRAINAGE? WILL THERE BE ANY REQUIREMENTS, UM, FOR, UM, THIS DEVELOPMENT THAT HAVE TO DO WITH THAT? SO, I, I, I DON'T WANNA SPEAK FOR THE STORM WATER TEAM.UM, SO AT THE TIME IT WAS PLATTED STORMWATER WOULD'VE TAKEN A LOOK AT IT, BUT I DON'T KNOW WHAT THEY WOULD'VE TAKEN A LOOK AT IT.
ASSUMING A HUNDRED PERCENT IMPERVIOUS COVER, THEY'LL HAVE A SECOND OPPORTUNITY TO LOOK AT THAT AND ANALYZE THAT AT THE PERMIT STAGE.
SO IT'S NOT GONNA GO WITHOUT A REVIEW.
UM, BUT BASED UPON SLOPE AND ALL THAT, IT COULD BE, IT COULD BE QUITE A BIT OF WORK TO MITIGATE THAT RUNOFF.
UH, AND WHAT TYPICALLY, WHAT MITIGATION MEASURES ARE TYPICALLY IN, UH, INSTITUTED TO MITIGATE THAT KIND OF RUNOFF? THE, THE ULTIMATE GOAL IS THAT, LET SEE IF WE CAN MAYBE GET ONE OF OUR STORMWATER FOLKS BACK DOWN HERE.
BUT THE, THE ULTIMATE GOAL IS THAT YOU, YOU CANNOT IMPROVE A SITE SUCH THAT IT INCREASES RUNOFF ONTO ADJACENT PROPERTIES.
HOW THEY MITIGATE THAT, NOT A STORMWATER ENGINEER, I WOULD REALLY NEED TO DEFER TO THEM.
UM, BUT A HUNDRED PERCENT IMPERVIOUS COVER WOULD BE A CHALLENGE.
SO EVEN THOUGH I TRUST YOU PERSON TO PERSON, RIGHT.
I BELIEVE WHAT YOU'RE SAYING THAT YOU BELIEVE WHAT YOU'RE SAYING, I HAVE CONCERNS AND THE STAFF HAS CONCERNS TOO, WHICH IS WHY THEY RECOMMENDED DENIAL.
I'M KIND OF UNDECIDED PERSONALLY ON HOW I'M GONNA GO WITH THIS.
IT'S, UM, IS IT FOR THE DRAINAGE, MAY I ANSWER? RESPOND FOR THE YES, PLEASE.
UH, I DON'T KNOW IF THERE'S, WE CAN SHOW SOME MORE PICTURES.
A AS FAR AS THE TREES, MA'AM, THEY, UH, IT'S ALL CLEANED UP.
UM, THE AREA WAS A LOT OF GRASS AND TRASH AND STUFF LIKE THAT.
NOW, IF WE SHOW SOME PICTURES, IT'S ALL, UH, CLEANED DOWN TO THE FLOOR AND WE ARE GOING TO PUT SOME, UM, A BASE TO, YOU KNOW, FOR THE TRAFFIC AS FAR AS, UH, IT'S, I I BELIEVE IT'S NOT REALLY A PROJECT WHERE THERE'S NO BUILDINGS.
THERE'S GONNA BE NO, UH, UH, I MEAN IF IT, IF IT'S GONNA THE RAIN, IT'S JUST, THERE'S ONLY GONNA BE VEHICLES.
SO THERE'S NO USE FOR PEOPLE NOT GONNA STAY OVERNIGHT.
THERE IS NO DANGER OR NOT NO ACTIVITIES BESIDE PARKING CARS, LIKE ANYWHERE ELSE, HEB, WALMART.
SO I THINK IT'S, IT WOULD BE JUST A, UM, A CLEAN SURFACE TO PARK.
AND WHAT, WHAT MATERIAL IS THE SURFACE? COMPACTED BASE? COMPACTED BASE, YES, MA'AM.
SO IT WOULD NOT BE CONCRETE OR ASPHALT AT THIS TIME? NO, IT'S, AND THIS IS A LINE, HONESTLY, AGAIN, WITH THE SAME, UH, MY NEIGHBOR, UH, HE HAS BASE ON HIS PROPERTY AND, AND, AND THAT'S WHAT WE'RE GONNA DO, COST EFFICIENT, NUMBER ONE.
AND, AND HONESTLY, UH, THIS IS SHOULD BE SUFFICIENT FOR PARKING OVERNIGHT AND STUFF.
SO IF, IF, IF I CAN CHIME IN, UM, I, I THINK THAT THERE IS AN UNDERSTANDING THAT COMPACTED BASE ALONE IS A SATISFACTORY MATERIAL TO SURFACE A PARKING LOT.
SO THE PARKING LOT WOULD HAVE TO BE HARD SURFACED WITH AN APPROVED MATERIAL LIKE CONCRETE OR ASPHALT.
UH, I JUST LITERALLY HAD A MEETING THIS MORNING WITH SOMEONE THAT THOUGHT THAT THEY COULD CREATE A PARKING LOT JUST WITH COMPACTED BASE.
SO YOU'RE TELLING ME THAT THIS DEVELOPMENT WOULD NOT BE APPROVED WITH A FINISHED SURFACE OF COMPACT COMPACTED BASE? NOT, NOT MERELY, NO.
IT WOULD HAVE TO BE, BE SO IT WOULD HAVE TO BE HARD SURFACED.
IT COULD BE ASPHALT, IT COULD BE CONCRETE, THERE COULD BE PERMEABLE PAVEMENTS THAT WOULD WORK, RIGHT? YES.
THEY'RE MORE EXPENSIVE, BUT, AND I SEE THAT, UM, OUR FRIEND FROM STORMWATER HAS ARRIVED.
I, I THINK THE QUESTION IS, SO THE PROPERTY IS ALREADY PLATTED AT THE TIME OF PERMIT FOR A NEW PARKING LOT, Y'ALL WOULD HAVE AN OPPORTUNITY TO REVIEW THE SITE TODAY IS ALMOST ENTIRELY GRASS.
UM, THEY'RE CLEANING UP THE PROPERTY, BUT IT WOULD HAVE TO BE HARD SURFACED AND IMPROVED FOR A, FOR A COMMERCIAL PARKING LOT.
CAN YOU MAYBE GIVE THE COMMISSION AN IDEA OF WHAT MAY GO INTO MITIGATING A HUNDRED PERCENT HARD SURFACING? UH, YES.
SO, UM, FLEX BASE, A TWO BASE IS CONSIDERED ONCE IT'S COMPACTED, IT'S CONSIDERED IMPERVIOUS COVER.
UM, SO A FULL STORMWATER MANAGEMENT REPORT WILL BE REQUIRED FOR DOWNSTREAM ANALYSIS.
UM, THERE ARE LID, UM, FOR PER PERMEABLE PAVER, THERE ARE LID OPTIONS THROUGH SAN ANTONIO RIVER AUTHORITY, UH, THEIR DESIGN CRITERIA.
SO YOU CAN DO PERUS PAVEMENT, WHICH WOULD ALLEVIATE THE EMPEROR'S COVER INCREASE, UH, FOR, FOR THAT TYPE OF PARKING LOT, UH, FOR THE COMMISSION'S CONSIDERATION.
I WANT TO ADD, ONE OF THE MAIN CONCERNS WE HAVE WITH JUST COMPACTED BASE IS THAT YOU TEND TO GET AN AWFUL LOT OF DUST ASSOCIATED WITH THAT.
UM, I KNOW WE'VE HAD OTHER CASES
[00:25:01]
COME BEFORE THIS COMMISSION LAST YEAR WHERE THAT WAS A, A PROBLEM FOR SOME NEIGHBORS.SO THAT, THAT WOULD BE ANOTHER MAJOR, UH, CONCERN AND A REASON WHY WE DON'T ALLOW MERELY COMPACT BASE.
MAY I PLEASE DO, UH, HOW ABOUT THE SURFACE OF, UH, WE WERE CONSIDERING THEN THE MILLING, I BELIEVE IT'S LIKE THE ASALT MILL, ASPHALT MILL.
AND THAT'S, THAT'S COST EFFICIENT.
AND THIS IS, AGAIN, UH, WE ARE LOOKING AT THE NEIGHBORS IN THE AREA.
I DO HAVE A SMALL CAR LOT, AND THAT'S WHAT I HAVE IN THIS.
I GOT WENT THROUGH A, UH, C CERTIFICATE OF OCCUPANCY AND IT PASSED WITH THAT.
I WOULD LOVE TO DO, UH, AN OLD MAILING COMPACT, WHICH IS ALMOST AS ASPHALT, BUT IT'S USED MM-HMM
SO THAT, THAT'S SOMETHING I WOULD LOVE TO DO AND I CAN DO TO ACCOMMODATE THIS ISSUE.
UM, WELL, I MEAN, YOU'VE HEARD MY QUESTIONS AND MY RESERVATIONS, AND I WILL, UM, SEED THE MIC.
COMMISSIONER IFF, I HAVE A FOLLOW UP QUESTION MOSTLY FOR STAFF THOUGH, UM, WHICH WOULD BE, YOU KNOW, AGAIN, I WOULD, I WOULD ECHO WHAT, UH, COMMISSIONER SKEL HAS SAID, BUT I'M CURIOUS WHAT OTHER, SUPPOSING THIS GENTLEMAN DECIDES TO SELL IT A COUPLE OF YEARS DOWN THE ROAD, WHAT OTHER USES COULD THAT THEN BE PUT TO WITH THIS AMENDED PLAN? WELL, UM, GOING BACK TO THEIR REQUESTED ZONING, IT WOULD BE IDZ THREE FOR USE IS PERMITTED IN C3, WHICH IS ALREADY PERMITTED RIGHT NOW.
AND SO THAT WOULD INCLUDE A LOT OF YOUR HEAVY, INTENSE COMMERCIAL USES, UM, ALONG WITH THE EX, THE REQUESTED, UH, VEHICLE STORAGE USES.
YEAH, I MEAN, JUST, JUST TO NAME SOME EXAMPLES OF KIND OF TYPICAL C3 USES, YOU'RE TALKING ABOUT MOTOR VEHICLE SALES, FULL SERVICE, SO THAT COULD INCLUDE REPAIR, UM, RESTAURANTS, BARS C3 IS OFTENTIMES, UH, FOR, YOU KNOW, BIG BOX RETAIL OUTLETS LIKE HEBS AND HOME DEPOTS.
THIS SITE'S A LITTLE TOO SMALL FOR THAT, BUT IT'S THE MOST INTENSE COMMERCIAL ZONING CATEGORY IN THE CITY.
I WOULD LIKE TO ADD ONE THING.
THAT WAS REALLY MY INITIAL, UH, UH, INVESTMENT PLANNING IS I WOULD, I WAS THINKING TO DO A FLIX UH, BUILDING, WHICH IS, THANK GOD THAT IT'S, I THINK C3 WOULD, UH, WOULD PROVIDE THAT FOR ME.
BUT THE COST FOR SURE, AND THE TIME, IT'S, IT'S VERY, VERY EXPENSIVE.
SO I CAME UP WITH THIS IDEA, BUT THIS IS THE, THAT WAS MY PLAN, FLEX BUILDING CAR SALES.
SO IT WILL HAVE PROBABLY THE SAME, MAYBE MORE IMPACT ON THE, GOD FORBID, THE NEIGHBORS NEXT DOOR, WHICH IS FOR SURE WE CANNOT COMMIT.
BUT THAT WAS, THAT'S THE PLAN.
NO OTHER QUESTIONS, COMMISSIONER ZUKI? UM, YOU CAN TELL THAT WE'VE SEEN THIS SIMILAR CASES LIKE THIS IN THE PAST AND SEVERAL RESIDENTS WHERE THE NEIGHBORS LAND LIKE THIS HAVE SHARED CONCERNS ABOUT THE NOISE, THE DUST, THE PROXIMITY OF THE ACTIVITIES THAT HAPPENS OF DAYTIME AND SAFETY CONCERNS AS WELL.
SO THE REASON WE'RE ASKING ALL THESE QUESTIONS, JUST, WE NEED TO KNOW HOW THIS WILL NOT ADD ADDITIONAL BURDENS ON THE NEIGHBORS THAT SURROUNDING THE PROPERTY.
UH, I NOTICED THAT YOU HAVE REACHED TO THE RESIDENCE IN THE SOUTH OF THE PROPERTY, WHICH I APPRECIATE THAT YOU REACH OUT TO EVERY INDIVIDUAL OF THEM, UH, THE APARTMENT COMPLEX TO THE WEST OF THE PROPERTY.
HAVE YOU TALKED TO THEM ABOUT THE INTENTION OF THIS DEVELOPMENT? YES, I, I DID, I WENT TWICE TO TALK TO THE MANAGER FOR FOR SURE.
I CAN'T REACH OUT THE, THE OWNER AND I GAVE HIM THE PAPER, THE APPROVAL OR DENIAL.
UH, THEY WERE, DIDN'T SAY THE APPROVAL, BUT THEY, THEY LIKED THE IDEA BECAUSE I DID FIX THE FENCE BETWEEN ME AND THEM.
IT WAS ALL FALLEN, AND THE PICTURE SHOWED WAS A LOT OF TRASH AND, AND, AND TRAFFICKING.
SO THEY, THEY KNOW ABOUT THE PROJECT AND THEY, THEY LIKED THE IDEA OF ME AT MY COST, FIXED THE FENCE BETWEEN ME AND THEM.
I DID, I ALSO WENT TO DAIRY QUEEN, WHICH IS ALSO, THEY ASKED FOR A, A KEY AND A DOOR TO ACCESS FOR THE, UH, EASEMENT BETWEEN BOTH OF US.
I SPOKE TO THE, UM, THEY WERE IN FAVOR, BUT THEY DIDN'T SEND THE PAPER, THE LA THE, UH, BUSINESS, COMMERCIAL PROPERTY NEXT DOOR.
SO YES, I, I'VE BEEN INVOLVED WITH A LOT OF ALL, ALL MY NEIGHBORS.
JUST TO MENTION ONE THING, PLEASE.
UH, PART OF THE PRO, IT'S NOT PART OF THE PROPERTY, BUT THERE IS A, A BUILDING, THE, I DON'T OWN A
[00:30:01]
SOON, IT'S GONNA OPEN UP AS A, A SMOKE PLACE.SO THAT, THAT WOULD REALLY BE, I THINK IS MORE, MORE, UH, TRAFFIC, MORE NOISE THAN MY PROPOSAL.
BUT, UH, YES, I, I WAS REACHING OUT TO ALL THE NEIGHBORS.
UM, I APPRECIATE THE RESPONSE.
UH, NEIGHBORS IN THE SOUTH, NEIGHBORS IN THE WEST, THEY REALIZE THE INTENTION OF THE PROJECT THAT YOU ARE INTENDED TO DO.
AND IF THEY AGREE WITH IT, I DON'T KNOW HOW THEY FORESEE I, THE AMOUNT OF NOISE THAT THEY EXPECT IN THE FUTURE, BUT IF THEY AGREED WITH IT NOW.
ANY OTHER QUESTIONS ABOUT THIS ITEM? IF, IF I MAY VERY QUICKLY, UH, APPOINT THAT IS GOING TO BE RELATED TO COMMISSIONER MILAN'S QUESTION.
UM, THE TEAM HERE POINTS OUT, UH, CRITICAL INFORMATION.
SO IN A TYPICAL IDZ THREE CASE, UM, THE SITE PLAN IS ONLY REQUIRED TO SHOW THE DEVELOPABLE AREA.
SO THE APPLICANT HAS SUBMITTED FOR CONSIDERATION A SITE PLAN THAT IS SIGNIFICANTLY MORE DETAILED THAN WHAT THE CODE REQUIRES.
UM, HOWEVER, YOU KNOW, I MENTIONED THAT I, I RATTLED OFF SOME C3 USES.
THERE IS NO BUILDING SHOWN ON THIS PROPERTY.
SO IF A SUBSEQUENT OWNER EVER WERE TO, UH, WANT TO DO SOMETHING ELSE, A BAR OR A RESTAURANT, PRESUMING THEY WOULD NEED A BUILDING THAT WOULD BE A MAJOR SITE PLAN AMENDMENT THAT WOULD RE-TRIGGER THIS ENTIRE PROCESS.
SO BECAUSE THE SITE PLAN IS SO DETAILED AND THEREFORE SO RESTRICTIVE, IT IS NOT LIKELY THAT AN ALTERNATE C3 USE COULD BE ESTABLISHED WITHOUT GOING THROUGH THIS PUBLIC INPUT PROCESS AGAIN.
I THINK COMMISSIONER SANCHEZ HAS A QUESTION, BUT EVEN IN THAT SITUATION, THEY WOULD STILL BE WITH THAT IDZ.
SO EVEN IF THEY WOULD COME IN WITH THE NEW BUILDING AND THERE WAS A BAR, THERE WOULD BE NO BUFFERS REQUIRED AT THAT TIME, EITHER.
IT, IT WOULD DEPEND ON WHAT SITE PLAN WAS SUBMITTED ON A FUTURE REZONING CASE TO ALLOW THAT STRUCTURE TO BE BUILT.
MY QUESTION WAS TO THE OWNER, UM, YOU SAID YOU HAD ALREADY CLEARED THE PROPERTY.
I WAS JUST WONDERING, WERE ANY OF THE TREES ALONG THE PROPERTY LINE, UH, PRESERVED OR WAS EVERYTHING REMOVED? PROJECT ALL THE TREES HAS BEEN SAVED AND PROTECTED.
UM, I PUT IT A LITTLE BIT INSIDE, SO I DO NOT, UH, DAMAGE OR TOUCH ANY OF THE TREES.
ANY FURTHER QUESTIONS? IF NOT, WE'LL ENTERTAIN A MOTION, MOTION TO APPROVE THE APPLICANT REQUEST.
WE HAVE A MOTION TO APPROVE THE APPLICANT'S REQUEST FROM COMMISSIONER ZUKI.
SECOND AND A SECOND FROM COMMISSIONER ETTE.
WOULD STAFF PLEASE DO A ROLL CALL? VOTE.
BRONTE FREYER PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 13 IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE WEST SOUTHWEST SECTOR PLAN.
FROM GENERAL URBAN TIER TO REGIONAL CENTER, LOCATED AT 41 31 COLLIBRA ROAD, THERE ARE 33 NOTICES SENT.
ZERO RECEIVED IN FAVOR, ZERO OPPOSED IN COLLIBRA PARK NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THE PROPOSED PLAN AMENDMENT FROM GENERAL URBAN TIER TO REGIONAL CENTER IS REQUESTED TO REZONE THE PROPERTY TO SEE THREE.
GENERAL COMMERCIAL DISTRICT STAFF FINDS A PROPOSED LAND USE CLASSIFICATION INCONSISTENT WITH THE BLOCK.
THE REQUESTED PLAN AMENDMENT WOULD ALLOW MORE INTENSE COMMERCIAL USES THAN WOULD BE, THAT WOULD BE INAPPROPRIATE WITHIN CLOSE PROXIMITY TO EXISTING RESIDENTIAL USES.
ESTABLISHING REGIONAL CENTER WITHIN A BLOCK THAT IS DESIGNATED FOR GENERAL URBAN TIER USES WOULD POTENTIALLY IMPACT THE ABUTTING AND ADJACENT EXISTING RESIDENTIAL PROPERTIES.
STAFF RECOMMENDS DENIAL AND APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
THE APPLICANT LIKE TO ADDRESS THE COMMISSION
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NAME AND ADDRESS FOR THE RECORD, PLEASE.UM, I'M THE AUTHORIZED REPRESENTATIVE FOR ANDREW, FOR ANDREW HIJA OF MIS, MEZA, MEZA MOTORS.
AND IAN, HE, UH, HIJA THE PROPERTY OWNER AT 41 31 CALEPA ROAD.
UM, I APPRECIATE YOU GUYS LETTING US HAVE A CHANCE TO TALK TO YOU ABOUT THIS.
UM, OUR CONTENTION IS THAT THE DES THE PRESENT DESIGNATION IS NOT CORRECT BECAUSE, UH, OF, OF THE GROWTH, UH, OF COLLIBRA ROAD.
UM, AND I'M JUST GONNA GET PERSONAL WITH YOU.
I'VE BEEN HERE FOR ABOUT 15 YEARS IN SAN ANTONIO, AND I'M A CAR GUY.
AND I FOUND WHEN I FIRST MOVED HERE THAT ONE OF THE MAJOR CAR STREETS IN TOWN WAS CBRA ROAD.
AND IT'S JUST GROWN TO TO BE, YOU KNOW, A, A CAR, AN URBAN CAR CENTER, UH, OF USED CARS, USED CAR, YOU KNOW, DEALERS, UH, AS WELL AS, YOU KNOW, SHOPS.
YOU KNOW, I KNOW 40, 50 YEARS AGO, THE PROP, THE PROPERTY THERE WAS, YOU KNOW, IT WAS, IT WAS MOSTLY RESIDENTIAL, BUT IT WAS BEEN REZONED.
AND IT'S, IT'S, IT, IT'S, IT'S NOT IN LINE WITH WHAT THE CITY'S MASTER PLAN IS.
AND THAT'S, THAT'S TO MAKE COLLIBRA, YOU KNOW, UH, AN AN URBAN IN URBAN CENTER, YOU KNOW, COMMERCIAL CENTER.
SO WE WOULD ASK THAT, THAT, YOU KNOW, BECAUSE MR. HJA AND MR. HJA HAVE SPENT SO MUCH IN CAPITAL RESOURCES TO MAKE THIS, THIS PROPERTY, TO MAKE THIS PROPERTY, UH, YOU KNOW, A APPEALING TO THE PUBLIC.
UH, WHEN IT FIRST, YOU KNOW, WHEN WE FIRST GOT THE PROPERTY, IT WAS, IT WAS A MESS.
SO THERE WAS A LOT OF CLEANUP, A LOT OF CAPITAL INVESTMENT INVOLVED.
AND TO ME IT MAKES THE PROPERTY AND THE SURROUNDING AREA EVEN, YOU KNOW, LOOK BETTER.
AND THEN LET'S NOT FORGET THAT THERE'S OTHER DEALERSHIPS LESS THAN 600 FEET TO THE EAST OF US, AND THERE'S A, THERE'S A, A, A, A THREE OR FOUR DEALERSHIPS DOWN THE ROAD, LESS THAN A THOUSAND FEET FROM US.
AND THEN I DID A RESEARCH AND I FOUND THAT FROM, FROM COLLABO ROAD, FROM, UH, I, I 10 TO, UH, TO FOUR 10.
THERE'S ACTUALLY 30 DEALERSHIPS PROPER IN THAT AREA.
SO WITH THAT BEING SAID, YOU KNOW, ADDING, ADDING, YOU KNOW, CHANGING US, YOU KNOW, TO, UH, YOU KNOW, TO REGIONAL CENTER, YOU KNOW, SO THAT WE CAN GET THAT, THAT C3 OR C3 NA OR ANY TYPE OF RE RESTRICTED C3 DESIGNATION WOULD HELP US IN THAT.
AND THE REASON WHY WE'RE DOING THAT IS BECAUSE IT'S REQUIRED FOR, FOR DMV, FOR A DEALER LICENSE, IT HAS TO BE, YOU KNOW, A C3 OR, OR, OR BETTER.
SO, YOU KNOW, WE APPLIED FOR C3, YOU KNOW, UH, THROUGH, YOU KNOW, WITH THE ZONING, BUT WE WOULD EVEN BE HAPPY TO TAKE, YOU KNOW, A RESTRICTED C3 C3 NA, BECAUSE WHAT WE'RE NOT GOING TO BE IS, IS, IS A, A BAR.
WE'RE NOT GONNA BE A LIQUOR STORE.
YOU KNOW, WE'RE NOT GONNA BE ANY OF THOSE, YOU KNOW, THE, THOSE TYPE OF THINGS THAT INVOLVE ALCOHOL.
WE'RE STRICTLY A CAR DEALERSHIP WITH A, WITH AN AUTO SHOP ON IT, YOU KNOW, AND THAT'S IT.
AND WE'RE WE'RE THERE TO SERVE THE, THE PUBLIC THAT, THAT WE'RE BACK, THAT WE'RE BUMPING UP TO.
AND WE DID DO A, A, A CANVAS OF THE AREA AND, YOU KNOW, WE, WE WERE HARD PRESSED TO FIND PEOPLE, BUT THE PEOPLE THAT WE DID TALK TO, LIKE THE CHURCH AND UH, A RESIDENT BEHIND US, YOU KNOW, THEY SAID THEY WERE FINE WITH IT, YOU KNOW.
SO, UH, WITH THAT BEING SAID, I'D LIKE TO LET MR. HIJA AND MR. HIJA SPEAK, SPEAK TO THE BOARD AS WELL.
UM, I JUST WANNA POINT OUT THE, THE PRO, OH, ANDREW HIJA, I'M SORRY.
UM, I JUST WANNA POINT OUT THAT THE PROPERTIES, UH, COMBINED OF FOUR LOTS.
AND SO, UH, WHICH MEANS THE PROPERTY HAS, UH, AN ENTRANCE ON RAIDER AVENUE AND ALSO ON COLLIBRA.
AND, UH, RIGHT NOW THE, THE TWO OCCUPIED LOTS FOR THE DEALERSHIP ARE REALLY JUST THE ONE ON COLLIBRA, WHICH, UH, CORRESPOND WITH OTHER CAR DEALERSHIPS AS YOU CAN.
IF YOU, IF YOU PUT ONE OF THOSE PICTURES, THERE WAS ONE, UM, ON THE STREET SIDE, SO WHERE THAT WHITE TRUCK IS RIGHT THERE DEALER, THOSE ARE TWO DEALERSHIPS RIGHT THERE.
AND IF YOU CHANGE TO THE OTHER PICTURE, UM, RIGHT THERE AFTER THAT COLORFUL SIGN THAT SAYS THE F, THAT'S A DEALERSHIP AS WELL RIGHT THERE.
SO THERE ARE A LOT OF DEALERSHIPS ON THE COLLIBRA STREET ITSELF.
UM, IT MIGHT BE AN ISSUE MAYBE FOR THE RAIDERS STREET IN THE BACK, BUT, UM, WE DON'T HAVE A PROBLEM NOT USING THAT AS A DEALERSHIP BECAUSE THAT'S MORE ON THE NEIGHBORHOOD SIDE, BUT ON THE FRONT SIDE OF COLLIBRA, WHICH I BELIEVE IS LOT NINE AND 10 DOES DO CONFIRM WITH ALL OF COLLIBRA AND CAR DEALERSHIP FACING, UM, THE, UM, THE COLLIBRA
[00:40:01]
SIDE OF IT.AND OF COURSE, UH, WE ARE ONLY ASKING FOR THE REZONING, UH, WITH ANY RESTRICTIONS AVAILABLE THAT YOU'LL SEE FIT.
BUT THE STATE OF TEXAS DMV DO REQUIRE THAT THE PROPERTY BE A C3 WITH RESTRICTIONS, OF COURSE, TO BE ABLE TO SELL CARS THERE.
AND THAT'S REALLY WHAT WE ARE ASKING FOR, IS JUST TO HAVE SOMETHING AVAILABLE TO GET A DMV DEALER LICENSE TO BE ABLE TO SELL CARS FACING COLLIBRA.
UM, WE WILL MOVE ON TO COMMISSIONER QUESTIONS.
WE'LL START ON THE RIGHT WITH COMMISSIONER ZUKI.
UM, YOU ARE EXPECTING TO RUN THE DEALERSHIP THROUGH THE WHOLE LOT THAT IT'S FACING RITA AVENUE AND COLLIBRA, CORRECT? NO, WE TRYING TO USE, UH, COLLIBRA ONLY.
SO YOU ARE BLOCKING OFF RITA AVENUE FROM ENTRANCE.
AND SO THE, THE RITA AVENUE, UH, IS THE ACCESS OF RITA AVENUE IS FOR LOT SEVEN AND EIGHT.
SO IT DOES HAVE ACCESS OVER THERE, BUT THOSE ARE TWO DIFFERENT LOTS THAT FACES RITA AVENUE.
BUT THE WAY THE PROPERTY IS RIGHT NOW, IT'S FOUR LOTS COMBINED.
SO RITA AVENUE IS THE ONE THAT HAVE ACCESS TO LOT SEVEN AND EIGHT.
COLLIBRA AVENUE IS THE, IS THE FRONT STREET THAT HAVE ACCESS TO LOT NINE AND 10.
WHERE WE ARE OCCUPYING FOR C3 IS LOT NINE AND 10 THAT ONLY FACES COLLIBRA.
SO FOR EXAMPLE, SHOULD YOU SAY, OKAY, WE'RE GONNA GIVE YOU LOT NINE AND 10 TO HAVE YOUR C3 AND WE'RE GONNA LEAVE, UH, SEVEN AND EIGHT FOR WHATEVER IT MIGHT BE, RESIDENTIAL.
OF COURSE, IN THAT CASE, IF I EVER DEVELOP LOT SEVEN AND EIGHT AS RESIDENTIAL, I WILL NEED TO ACCESS RAIDER AVENUE TO PUT, TO HAVE ACCESS TO THOSE PROPERTIES IN THE BACK.
BUT IN TERMS OF WHAT I'M USING THE PROPERTY FOR, IT'S ONLY GONNA BE ACCESSED ONLY FROM COLLIBRA ROAD AND THE, THE PROPERTY I HAVE SINCE FENCED THE WHOLE PROPERTY, BACK FRONT SITES AND EVERYWHERE.
SO IF I JUST WANNA BE CLEAR, BECAUSE YOUR APPLICATION WAS SUBMITTED TO REZONE THE ENTIRE, THE, THE LOTS THAT FACE RITA AND THE LOTS THAT FACE COLLABORATIVE C3.
SO ARE YOU AMENDING YOUR APPLICATION TO NOT ZONE THE PROPERTIES THAT FACE RITA TO C3? YEAH, SO, UM, OBVIOUSLY I AM GETTING A LITTLE MORE EDUCATED AS TIME GOES AND SEEING, UH, MAYBE JUST THE DISCREPANCY OF SOMETHING, BUT YES, TO ANSWER YOUR QUESTION, BASICALLY, YES.
UH, AMENDING NEEDS TO WHERE, UM, THE C3 IS FOR THE COLLIBRA ACCESS TO, UH, CONFIRM WITH THE OTHER LOTS ON COLLIBRA THAT ARE SELLING CARS.
CAN I SEE A MAP WHERE, WHERE IS THE LINE IS THROWN? THIS IS WHERE THE REST OF THE PROPERTIES LEFT AND RIGHT.
IT WOULD BASICALLY CUT IT IN HALF.
AND AND YOUR AMENDMENT NOW IS THE TWO LOTS ON THE SOUTH OF THE PROPERTY ONLY, CORRECT.
IS WHAT YOU'RE REQUESTING CORRECT.
THE REST IS, WE'RE NOT TOUCHING IT TO TORES.
HAVE YOU TALKED TO THE NEIGHBORS? YES, WE'VE GONE TO THE WEST AND THE EAST.
YEAH, WE'VE GONE AROUND AND TALKED TO ALL THE NEIGHBORS THAT WERE AVAILABLE TO TALK.
UNFORTUNATELY, WE WERE ONLY ABLE TO TALK TO TWO OF 'EM AND, UH, BECAUSE SOME OF THE HOUSES IN THAT NEIGHBORHOOD HAVE, UH, FRONT GATE ENTRANCES WITH BEWARE OF DOGS.
SO THEY'RE NOT, SOME OF THE HOUSES ARE NOT ONE OF THOSE WHERE YOU CAN ACTUALLY GO AND KNOCK AT THE DOOR.
BUT WE DID PLACE, UH, UH, LETTERS IN OUR INTENT IN THEIR MAILBOXES, YES.
I SEE THERE IS A COMMERCIAL AT THE FRONT OF THE PROPERTY.
WHAT IS THE CURRENT USE OF THIS EXISTING COMPANY? THE CURRENT USE IS COMMERCIAL.
IT'S A C TWO NA, SO IT'S ALREADY COMMERCIAL PROPERTY.
THE FRONT TWO, THE ONES WE ARE ASKING FOR TO MAKE C3 ARE ALREADY C TWO NA, THE ONES FACING COLLIBRA.
AND WHAT DO YOU ACTUALLY DO IN THIS PROPERTY? WHAT KIND OF BUSINESS DO YOU DO CURRENTLY? RIGHT NOW, NOTHING YET.
COMMISSIONER MILAN? UH, NO QUESTIONS.
COMMISSIONER SIEGEL QUESTIONS.
[00:45:01]
UM, SO THE EXHIBIT THAT WE HAVE BEEN GIVEN YES TO CONSIDER IS WHAT YOU SEE ON THE SCREEN THERE THAT SHOWS A REQUEST TO CHANGE THE LAND USE DESIGNATION OF THE, AND I'M SORRY, I'M CONFUSED.IS THIS TWO PARCELS THAT WE'RE LOOKING AT? FOUR PARCELS, ONE PARCEL, FOUR? IT'S, SO THE LEGAL DESCRIPTION IS LOTS, SO YOU'VE GOT LOTS EIGHT AND NINE, WHICH ARE THE TWO LOTS CLOSEST TO THE, UH, PAPER ALLEY THERE.
AND THEN THE WEST 32.35 FEET OF LOTS, SEVEN AND 10, WHICH IS THIS, IT'S NOT BROKEN OUT, BUT OKAY.
SO, UM, ARE, SO THERE'S LIKE, SO IF, IF THE APPLICANT WANTS TO AMEND THE REQUEST CORRECT.
SO THAT TO ONLY CONSIDER THE SOUTHERN HALF OF THAT PARCEL YES.
THEN IS A LAND USE AMENDMENT EVEN REQUIRED? IF HE STILL WANTS TO DO THE C3, THEN YES, A LAND USE AMENDMENT WILL BE NECESSARY FOR THAT BOTTOM PORTION FOR THE SOUTHERN HALF, WHICH WOULD BE LOT NINE AND THE WEST 32.35 FEET OF LOT 10.
UM, IF THE AMENDMENT, IF THE REQUEST IS AMENDED FOR JUST THAT SOUTHERN HALF OF THE PARCEL, THEN, THEN I WOULD BE IN SUPPORT OF IT.
BUT IF THE REQUEST IS FOR THE ENTIRE NORTH TO SOUTH STRETCH OF THAT BLOCK WIDE PROPERTY, THEN I WOULD BE IN OPPOSITION TO IT.
SO IT'S A BIG, IT'S A BIG DIFFERENCE, RIGHT? YEAH.
SO NOW IT'S JUST THE ONES THAT IN, IN SUPPORT OF ON THE SOUTHERN HALF? YEAH.
UM, THEN I HAVE A FOLLOW UP QUESTION THAT, UM, IS SLIGHTLY TANGENTIAL AND THAT IS THAT THERE IS THIS PAPER ALLEY TO THE WEST OF THE PROPERTY.
AND UM, I WANT TO, I SAW THAT YOU HAVE A NEW FENCE PUT UP.
I'M WONDERING IF THE FENCE ENCLOSES THAT ALLEY THAT EXISTS, AND IF SO, I JUST WOULD LIKE TO CAUTION YOU TO MAKE SURE THAT YOU HAVE A LEASE AGREEMENT IN PLACE WITH THE CITY SO THAT THAT DOESN'T END UP ADVERSELY AFFECTING YOU IN THE FUTURE.
UM, THERE IS AN ALLEY AND THERE'S ACTUALLY A FENCE AND I BELIEVE IT HAS AN ACCESS FROM RADAR AND IT'S ACTUALLY DO HAVE A GATE THERE, AND I DON'T EVEN HAVE ACCESS TO OPEN THAT.
SO I BELIEVE IT'S PROBABLY ALREADY, UH, ACCESSIBLE AND USED BY THE CITY WHEN THEY WANT IT, BECAUSE I DON'T, I DON'T EVEN, BUT YEAH, I, THAT, THAT IS, THE PICTURES LOOK LIKE THAT ALLEY IS ENCLOSED WITHIN YOUR FENCE, BUT YEAH, THERE IS OH, MY MISTAKE.
COMMISSIONER ETTE? NO QUESTIONS.
SO, CITY STAFF, UM, THE, UH, THE CUSTOMER'S ALREADY GONE THROUGH A SUCCESSFUL PLAN REVIEW FOR SITE WORK PERMIT FOR THE PARKING LOT AND THE FENCE I'M NOT AWARE OF.
GIVE US, GIVE US A MINUTE TO PULL THAT UP.
I'M ASSUMING THOSE PICTURES ARE RECENT, RIGHT? WITH THE, THE ASPHALT PARKING LOT IN THE FENCE.
WHAT ASPHALT PARK THEY MAY HAVE, THERE'S NO ASPHALT PARKING LOT.
WHATEVER THAT IS, THAT'S PAVED ALL THE WAY TO THE KBRA.
WERE YOU PLANNED ON PUTTING ANY VEHICLES OUTSIDE THAT FENCE ALONG THE BOULEVARD THERE? NO, SIR.
SO ON NOVEMBER 19TH, 2025, THERE WAS AN INVESTIGATION FOR WORK WITHOUT A PERMIT ON THE PROPERTY.
I WOULD NEED A LITTLE MORE TIME TO GET DETAILS BEYOND THAT, BUT IT LOOKS LIKE THERE WAS CONSTRUCTION WORK THAT WAS, UH, DONE WITHOUT PERMITS.
YEAH, WE, WE DON'T SEE ANY PERMIT RECORDS THAT HAVE BEEN SUBMITTED AT THIS TIME EITHER.
COMMISSIONER LOPEZ? NO QUESTIONS.
COMMISSIONER BUSTAMANTE? NO QUESTIONS.
ANY FURTHER QUESTIONS FROM THE COMMISSION? YES.
UH, GIVEN THE NEW AMENDMENT PRESENTED BY THE APPLICANT, WHAT IS THE STAFF POSITION INTO THIS AMENDMENT? WE WOULD STILL RECOMMEND DENIAL.
THE GENERAL URBAN TIER COULD BE UTILIZED FOR LIKE A, I KNOW THAT THEY WERE SAYING THAT IT NEEDS TO BE A C3, BUT WE COULD DO MOTOR VEHICLES SALES WITH A CONDITIONAL USE OR, UM, THAT KIND OF ITEM KEEPING LIKE A C TWO OR EVEN A C ONE BASED ZONING, WHICH WOULD BE PERMITTED BY RIGHT OR PERMITTED ALIGNING WITH THE GENERAL URBAN TIER LAND USE.
BUT I BELIEVE, UM, TYPICALLY WITH A C3 IT WOULD BE PERMITTED BY RIGHT? IT WOULD HAVE DIFFERENT, UM, SETBACKS AND EVERYTHING AND THEY WOULDN'T HAVE TO WORRY ABOUT A SITE PLAN.
[00:50:03]
SO THE SAME THING COULD BE ACCOMPLISHED BY GOING DOWN TO C ONE ONE OR TWO C ONE OR A C TWO, BUT THEY WOULD HAVE TO ADD A CONDITIONAL USE THAT WOULD REQUIRE A SITE PLAN.DOES IT HAVE A CURRENT CONDITIONAL USE ON IT? SORRY.
IT DOES HAVE A CONDITIONAL USE RIGHT NOW, LIKE I SAID, THIS WAS RE THIS WAS REZONED ABOUT A YEAR AGO AND IT WAS FOR A HOME IMPROVEMENT CENTER THAT WAS THE ORIGINAL ZONING, BUT I BELIEVE THAT WAS A PRIOR OWNER.
AND THE CURRENT ZONING IS C TWO CC TWO NA? CORRECT.
COMMISSIONERS, CAN I ASK, CAN I INTERJECT HERE? MM-HMM
IF, IF THE STAFF CAN GIVE US A CONDITIONAL, OUR ONLY CONCERN IS, IS DMV.
SO IF WE CAN OPERATE WITH AND GET A CERTIFICATE OF OCCUPANCY, WHICH IS ALL DMV WANTS, THEN THE PROBLEM IS SOLVED IF, IF THE STAFF WILL GIVE US CONDITIONAL.
SO STAFF CANNOT GIVE CONDITIONAL.
SO THAT'S A CONDITIONAL, THAT'S A REZONING PROCESS AND YOU KNOW, IF Y'ALL ARE AMENABLE TO IT, YEAH, YOU CAN PURSUE C TWO WITH CONDITIONAL USE FOR MOTOR VEHICLE SALES WITHOUT HAVING TO AMEND THE FUTURE LAND USE PLAN.
YOU COULD AMEND YOUR APPLICATION AT THE ZONING COMMISSION FOR CONSIDERATION OF C TWO WITH CONDITIONAL USE FOR MOTOR VEHICLE SALES ON ONLY THE SOUTHERN HALF OF THAT PROPERTY.
AND A PLAN AMENDMENT IS NOT NECESSARY.
THE ZONING COMMISSION WOULD HAVE TO CONSIDER THAT AND THEY WOULD MAKE A RECOMMENDATION TO COUNCIL.
SO I'M OF THE OPINION THAT A SITE PLAN WOULD BE TREMENDOUSLY HELPFUL IN THIS CASE GIVEN THE FOUR LOTS AT ISSUE.
UH, SO A QUESTION TO THE APPLICANT AND APPLICANT'S REPRESENTATIVE IS, YOU KNOW, YOU ARE SET TO GO TO ZONING NEXT WEEK.
DO YOU THINK YOU CAN GET A SITE PLAN IN PLACE BY THAT MEETING? WE'D HAVE TO TALK TO OUR ENGINEERING CREW.
I'M, I'M SURE IT SHOULDN'T BE THAT MUCH OF AN ISSUE, SO, OKAY.
IN WHICH CASE THAT WOULD MAKE ANY ACTION BY THE PLANNING COMMISSION POTENTIALLY MOOT? CORRECT.
WOULD YOU, WOULD YOU OPPOSE A CONTINUANCE UNTIL THE 28TH FOR THIS BODY? UM, SO LET ME, UH, ASK SOME CLARIFICATION.
SO, UH, UH, THE, THE, UM, MISS, I'M SORRY.
UM, YOU JUST SAID THAT, UH, WE CAN HAVE, UH, MOTOR VEHICLE SALES ON THE PROPERTY THE WAY IT'S ZONED RIGHT NOW, AND ADDING A LANGUAGE WITH MOTOR VEHICLE SALES, IT WOULD NOT BE PERMITTED RIGHT NOW.
THE ZONING RIGHT NOW IS A C TWO CD FOR A CONDITIONAL USE FOR HOME IMPROVEMENT CENTER.
A MOTOR VEHICLE SALES IS NOT PERMITTED BY RIGHT.
AND SO THAT MEANS WE WOULD HAVE TO LOOK INTO THE WHOLE REZONING PROCESS TO CHANGE THAT CONDITIONAL USE FROM THE HOME IMPROVEMENT CENTER TO MOTOR VEHICLE SALES.
UM, UM, NOT, NOT EXACTLY BECAUSE, UM, WHAT IS IT THAT, SO WHAT IS IT THAT THE ISSUE WITH, UH, MAKING IT A MOTOR VEHICLE SALES AND WHY DOES THAT? BECAUSE THE PROBLEM IS WE CAME HERE BECAUSE THE STATE OF TEXAS, NOT BEAR COUNTY, WILL NOT LET US SELL CARS THERE WITHOUT ZONING THE PROPERTY TO C3.
SO YOU ARE SAYING THAT IF YOU PUT THE CONDITIONAL LANGUAGE, YOU CAN SUPERSEDE THAT REQUIREMENT BY THE STATE AND WILL BE ABLE TO SELL CARS? I CAN'T ANSWER ON BEHALF OF THE STATE.
THE STATE, AND FROM WHAT I'VE GATHERED, WE HAVE PLENTY OF MOTOR VEHICLE SALES THAT HAVE THIS ZONING OF THAT C TWO CD.
JUST TO SIMPLIFY THIS AS BEST AS I CAN, THE STATE OF TEXAS DOES NOT CARE WHAT CATEGORY SATISFIES THE ZONING REQUIREMENT TO OPERATE A A MOTOR VEHICLE SALES.
THE STATE OF TEXAS NEEDS SOMETHING IN WRITING FROM THE CITY THAT SAYS YOU'RE ALLOWED TO DO IT.
HOW WE GET THERE IS UP TO YOU COMMISSIONS, COUNCIL, CITY STAFF, ET CETERA.
SO WE ARE SAYING THERE IS A WAY TO GET THERE WITHOUT A PLAN AMENDMENT.
YOU COULD, TO THE COMMISSIONER'S POINT, CONTINUE THIS CASE, AMEND YOUR CASE FROM C3 TO C TWO WITH CONDITIONAL USE FOR MOTOR VEHICLE SALES.
THAT COULD BE CONSIDERED AS EARLY AS NEXT WEEK.
AND IF YOU GET A FAVORABLE RESULT, YOU CAN WITHDRAW THE PLAN AMENDMENT AND NOT HAVE TO COME BACK TO THIS COMMISSION.
BUT I WOULD SAY ALSO THAT C TWO CD SHOULD ONLY BE FOR THE LOT, LOT NINE AND THE 32, THE PORTION OF LOT 10.
THAT WAY IT STAYS TO THE SOUTHERN PORTION ALONG COLLIBRA.
[00:55:01]
BE MADE CLEAR BY THE SITE PLAN, CORRECT? RIGHT.SO YEAH, WE PERFECTLY OKAY WITH THAT.
'CAUSE THE PURPOSE OF ALL OF THIS IS JUST TO BE ABLE TO SELL CARS FACING THE COLLIBRA SIDE WITH THE TWO LOTS FACING OVER THERE.
SO YES, WHATEVER IT IS THAT MAKES IT SIMPLE, EASY, AND UH, ACCEPTABLE.
WELL, IT SOUNDS LIKE WE HAVE A SOLUTION FORWARD WITHOUT, SO TO, TO MAKE THIS AS EXPLICITLY CLEAR AS POSSIBLE, UH, GET THAT SITE PLAN AND YOU WILL NOT BE DELAYED AT ALL IF YOU GET IT BEFORE TUESDAY'S ZONING COMMISSION MEETING.
WE'LL, WE'LL GET WITH OUR, WITH, WITH OUR ENGINEERING TEAM, WE HAVE, UH, GCC ENGINEERS.
THEY, THEY, THEY'VE WORKED WITH THE CITY, YOU KNOW, FOR, FOR YEARS, SO WE'LL GET WITH THEM AND GET THAT EXPEDITED, SIR.
UH, YOU KNOW, THE SITE PLAN WILL BE REQUIRED ON TUESDAY IF YOU DECIDE TO AMEND YOUR APPLICATION FOR ZONING.
WE, WE PROBABLY WILL REQUEST THAT IT IS DONE BY END OF DAY MONDAY.
THAT GIVES STAFF TIME TO REVIEW IT BEFORE IT CAN GO BEFORE ZONING COMMISSION.
BUT, UM, YOUR CASE MANAGER WILL REACH OUT.
WE'LL SEND YOU AN EMAIL WITH EXAMPLES OF SITE SITE PLANS SO Y'ALL KNOW WHAT TO LOOK FOR.
IF SOMEBODY WANTS TO MAKE A MOTION ON A CONTINUANCE, PLEASE.
I, I, I STILL HAVE ONE COMMENT, UH, IN KEYS.
THIS CASE CAME BACK TO THE PLANNING COMMISSION FOR A VOTE ON IT.
REGARDLESS WHAT WE'RE TALKING ABOUT, I WOULD LIKE TO SEE YOU ADDRESS THE WORK THAT YOU HAVE DONE WITHOUT A PERMIT TO SEE IF YOU CAN RESOLVE THIS.
MAYBE THE NEW PLAN WILL REQUIRE THAT YOU REDO THE WHOLE THING AGAIN.
BUT IF THAT'S NOT THE CASE, I WOULD LIKE TO RESOLVE THE NON PERMIT WORK THAT YOU'VE DONE WITH THE CITY AND COME BACK TO US WITH A RESOLUTION TO IT BECAUSE YOU CAME HERE WITH, UH, AMENDMENT TO THE PLAN, WHICH IS SOMETHING WE EXPECT PEOPLE TO DO, BUT AT THE SAME TIME, IT'S NOT ACCEPTABLE THAT YOU DO WORK ON A PROPERTY WITHOUT A PERMIT WITH THE CITY.
SO UNFORTUNATELY FOR THAT PART OF IT, JUST SO I CAN ADDRESS IT, OBVIOUSLY I DON'T DO THE WORK MYSELF.
I HIRE PROFESSIONALS TO DO IT.
AND OF COURSE I SPENT CLOSE TO 40,000 ON THAT.
AND UNFORTUNATELY, THE PERSON THAT DID THE WORK IS THE ONE THAT SAYS HE DOESN'T NEED IT.
AND SO THAT'S WHAT CAUSED THAT ISSUE.
SO IT'S NOT PHYSICALLY ME AS TO, I, I HIRE PROFESSIONALS TO DO THINGS AND I EXPECT THEM TO KNOW THE ROLES AND I APOLOGIZE FOR THAT.
BUT, UH, UNFORTUNATELY IT'S, YOU KNOW, IT'S LEARNING EXPERIENCE AS WELL MOVING FORWARD FOR FUTURE PROJECTS, NOT JUST THIS ONE.
SO YES, THAT ONE IS, IS BEING WORKED ON TO GET RESOLVED.
IT JUST NEEDS, UH, UH, AN ELECTRICIAN CODES THAT THE CITY NEEDS AND THAT WAY THEY CAN RELEASE IT FOR PERMITS TO HAVE THE BUILDING UP THERE.
I'LL MOVE THAT WE CONTINUE THIS, UH, ITEM TO THE JANUARY 28TH MEETING.
WE HAVE A MOTION FOR CONTINUANCE TO JANUARY 28TH AND A SECOND, UH, BY COMMISSIONER MILAN.
MOTION PASSES FOR CONTINUANCE.
UH, THREE 15 EAST COMMERCE SUITE 3 0 4.
WHEN THE MEETING STARTED, I WANTED TO GO FORWARD WITH 15 AND 16.
UH, AT THIS POINT I'M GONNA ASK FOR A A FOUR WEEK CONTINUANCE.
BASICALLY, THESE TWO CASES ARE EXACTLY THE SAME.
UH, THEY'RE JUST TOO FAR APART TO HAVE BEEN THE SAME APPLICATION.
THEY HAVE CLINICS ALL OVER TOWN, BUT PLEASANTON ROAD IS KIND OF THEIR HEADQUARTERS AND WHEN PROPERTIES BECOME AVAILABLE ADJACENT TO THEIR BUDDING, THEIR PRO, THEIR HEADQUARTERS, THEY PURCHASE THOSE AND THEY LIKE TO KEEP CONTINUE EXPANDING.
BUT AS YOU PROBABLY WERE AWARE FROM FROM STAFF, THEY'RE RECOMMENDING DENIAL.
I WOULD JUST LIKE A CHANCE TO SEE IF THERE'S SOMETHING I COULD TRY TO WORK OUT FOR THEM.
AND MAYBE I DON'T HAVE TO COME BACK, BACK TO PLANNING COMMISSION.
I JUST WOULD LIKE TO AT LEAST HAVE A CHANCE TO SEE IF I CAN GET, GET A RECOMMENDATION FOR APPROVAL.
SO I'M ASKING FOR A ONE MONTH, FOUR WEEK CONTINU.
AND THAT'S FOR BOTH 15 AND 16? YES, SIR.
WELL, WE'LL HEAR BOTH CASES 15 AND 16 IN ONE MOTION IF THAT'S ACCEPTABLE.
MOTION TO POSTPONE OR CONTINUOUS FOR ITEM 15 AND 16 FOR TWO WEEKS, FOUR WEEKS TO THE FEBRUARY 11TH, 2026 MEETING.
WE HAVE A MOTION TO CONTINUE ITEMS 15 AND 16 TO FEBRUARY 11TH, 2026 BY COMMISSIONER JAKI.
WE HAVE SECOND, SECOND, SECOND BY COMMISSIONER BUSANTE.
[01:00:01]
CALL.MOTIONS, UM, PASSED FOR CONTINUANCE.
GOOD AFTERNOON COMMISSIONERS AT A GOMEZ SENIOR PLANNER FOR DEVELOPMENT SERVICES.
ITEM NUMBER 18 IS A REQUEST FOR APPROVAL OF RESOLUTION TO AMEND THE GUADALUPE WEST SIDE COMMUNITY PLAN FROM LOW DENSITY MIXED USE TO COMMUNITY COMMERCIAL LOCATED AT 26 0 1 GUADALUPE STREET, WHERE 56 56 NOTICES MAILED ZERO IN FAVOR, ZERO POSTS.
THE PROSPECT HILL EL CHARTER, HISTORIC WEST SIDE NE RESIDENCE NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THE PROPOSED PLAN AMENDMENT FROM LIGHT DENSITY MIX USED TO COMMUNITY COMMERCIAL IS TO REQUEST TO REASON THE PROPERTY TO C TWO AND A COMMERCIAL NON-ALCOHOLIC SALES DISTRICT.
THE SUBJECT PROPERTY IS LOCATED MID BLOCK AND IS SURROUNDED BY ESTABLISHED SINGLE FAMILY RESIDENTIAL HOMES.
THE COMMUNITY COMMERCIAL DESIGNATION IS INTENDED FOR AREAS WITH A LARGER MARKET DRAW THAT SUPPORT MULTIPLE NEIGHBORHOODS AND BY DEFINITION SHOULD BE LOCATED IN PROXIMITY TO MAJOR INTERSECTIONS WHERE AN EXISTING COMMERCIAL AREA HAS BEEN ESTABLISHED.
INTRODUCING COMMUNITY COMMERCIAL USES IN THIS MID BLOCK LOCATION WOULD BE INCONSISTENT WITH THE ESTABLISHED RESIDENTIAL DEVELOPMENT PATTERN.
THE REQUEST COULD HAVE NEGATIVE IMPACTS INCLUDING NOISE, LIGHT POLLUTION, TRAFFIC, INCURSION, DIRECT DIRECTLY INTO THE STABLE RESIDENTIAL ENVIRONMENT.
THE CURRENT LOAD DENSITY MIX USED DESIGNATION IS AN APPROPRIATE CLASSIFICATION TO ENSURE COMPATIBILITY AND SCALE WITH THE ADJACENT HOMES.
IT IS WORTH NOTING THAT THE SUBJECT PROPERTY WAS ORIGINALLY ZONED FOR COMMERCIAL USES WHEN PURCHASED, BUT WAS LATER REZONED BY A LARGE AREA REZONED IN 2023 FOR RESIDENTIAL USES.
STAFF HAS RECOMMENDED THE NOW AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
THE APPLICANT WOULD LIKE TO ADDRESS THE COMMISSION NAME AND ADDRESS FOR THE RECORD, PLEASE.
UH, MY NAME IS VOLTI ANO AND MY, UH, I OWN THE PROPERTY OF 2 6 0 1 GUADALUPE.
AND, UH, UH, I JUST, UH, WANT TO TELL THE QUICK, UH, REVIEW ON MY PROPERTY IT USED WHEN I BOUGHT THIS PROPERTY.
WHAT I UNDERSTAND IT'S BEEN C TWO SINCE THEN.
AND I EVEN, UH, UH, INFORMED WHEN, UH, BEFORE I BUY THAT, UH, UH, IT USED TO BE A RESTAURANT BAR DURING 1960 SEVENTIES.
ANYWAYS, SIR, UH, I GOT, UH, AN, A CERTIFIED, UH, MAIL SOMETIME ON, UH, 2023.
AND, UH, IT SAYS THE FIRST, UH, CERTIFIED MAIL.
IT SAYS THERE THAT, UH, ALTHOUGH I, I RECEIVE A CERTIFIED REGARDING, UH, THE, MY PROPERTY ON THE AREA THAT THEY'RE TRYING TO CHECK SOMETHING, UH, IT STATELY SAYS THAT, THAT MY PROPERTY WILL NOT BE, UH, UH, TOUCHED OR WILL NOT BE INCLUDED.
UH, ANYWAY, AFTER SOME TIME I RECEIVE AGAIN, WHICH IT'S NOT, UH, MY KNOWLEDGE, UH, I RECEIVED AGAIN ANOTHER, UH, CERTIFIED THAT, UH, I WAS INVITED TO FOR THE HEARING.
UNFORTUNATELY, I WASN'T ABLE TO COME BECAUSE, UH, I THOUGHT THAT ON THE FIRST, UH, UH, CERTIFIED THAT MY PROPERTY WILL NOT BE I INCLUDED.
BUT UNFORTUNATELY, UH, WHEN I WAS TRYING TO, UH, WORKING ON MY REALTOR, UH, TO, UH, LOOK FOR ANY POTENTIAL BUSINESS, UH, FOR MY PROPERTY, WE JUST FOUND OUT THAT, UH, MY PROPERTY HAS BEEN, UH, REONE TO RESIDENTIAL FROM, UH, FROM C TWO RESIDENTIAL.
IT'S ALSO WORTH MENTIONING THAT, UH, UH, I'VE BEEN WORKING WITH, UH, UH, BOARD OF DIRECTORS OF, UH, HOMEOWNERS ASSOCIATIONS, UH, LED BY, HER NAME IS MS. LETTI.
I EVEN ATTENDED, UH, HOMEOWNERS ASSOCIATION, UH, UH, MEETING AND THEY WERE VERY, UH, UH, SUPPORTIVE TO ME TO GET BACK AND REGAIN MY C TWO ON MY, UH, ON MY PROPERTY.
WE'LL GO TO COMMISSIONER QUESTIONS.
WE'LL START WITH COMMISSIONER BUSANTE.
UM, WHEN WAS THIS PLAN PUT IN PLACE? UH,
[01:05:01]
THE PLAN CAME INTO PLACE, THE GUADALUPE WEST SIDE COMMUNITY PLAN WAS IN MAY, 2007, 2007.UM, LET ME ASK THE APPLICANT, AND THIS IS REALLY MORE OF A ZONING QUESTION, UM, WHAT DO YOU INTEND TO DO WITH THE PROPERTY? YES, SIR.
UH, WHEN I, WHEN I BOUGHT THAT, UH, AS A C TWO.
I WAS TRYING TO, UH, IN A GENERAL BUSINESS, SIR, THAT HELPS FOR THAT, UH, WELFARE OF THE COMMUNITY, I DON'T HAVE YET.
UH, WHEN I WAS TRYING TO WORK WITH MY REALTOR, UH, WE AL WE ALWAYS GET, UH, AN IN, UH, AN APPLICANT, BUT, UH, THEY NEVER PURSUE.
UH, UH, AND THEN, UH, BASICALLY I WAS LOOKING FOR ANY, ANY BUSINESS THAT CAN HELP THE COMMUNITY.
IT'S EITHER, UH, A MECHANIC SHOP, FLOWER SHOP, UH, PET GROOMING BECAUSE I, I WAS, UH, UH, UH, UH, WHAT'S THERE? UH, COORDINATING WITH THE HOMEOWNERS ASSOCIATION.
AND, AND YOU MENTIONED THAT, THAT YOU HAVE SPOKEN TO MS. LETICIA SANCHEZ, CORRECT.
WITH HOST WITH, UM, HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION, CORRECT? YES, SIR.
WHEN WAS YOUR LAST CONVERSATION WITH HER? UH, CHRISTMAS TIME, SIR? CHRISTMAS TIME? YES, SIR.
AND YOU HAVEN'T HEARD FROM HER SINCE? UH, NOT YET, SIR.
BUT I ALREADY INFORMED HER THAT, UH, I AM, UH, GOING THROUGH THIS, UH, THAT, THAT'S WHY, UH, SHE, SHE INFORMED ME ALSO THAT IS THERE ANY MORE, UH, FURTHER HELP OR ASSISTANCE COMING FROM THEM.
AND SHE, THEY'RE VERY WILLING TO SUPPORT ME, SIR.
NO, NO FURTHER QUESTIONS AT THIS TIME.
COMMISSIONER SANCHEZ? NO QUESTIONS.
COMMISSIONER ETTE? NO QUESTIONS.
COMMISSIONER SIEGEL? I DON'T HAVE ANY QUESTIONS.
I DON'T HAVE ANY QUESTIONS EITHER.
COMMISSIONER ZUKI BEING IN THE PAST AS A SEA AS A COMMERCIAL ZONING, IT'S NOT GRANDFATHERED EVEN AFTER THE NEW PLAN CAME DOWN.
SO YOU, YOU COULD POTENTIALLY GRANDFATHER A USE IF IT EXISTED ALREADY AT THE TIME.
THE ZONING CHANGED, BUT YOU CAN'T GRANDFATHER YOURSELF BACK TO ALL, ANY AND ALL C TWO USES THAT YOU MAY SEEK TO ESTABLISH IN THE FUTURE.
UM, YOU ARE NOT, YOU ARE COMING HERE WITH NO PLAN ON THE BUSINESS THAT YOU WANTED TO DO, AND THIS IS TOTALLY RESIDENTIAL AREAS FROM THE EAST, WEST OF THE NORTH OF THE PROPERTY.
AND THE STAFF RECOMMENDS DENIAL BECAUSE IT'S INTRUSIONS TO THE AREA TO HAVE ANY COM COMMERCIAL, UH, INFILTRATION TO IT.
AND I WAS HOPING TO HEAR FROM YOUR PRESENTATION SOMETHING THAT MAKES IT A VERY SOLID PLAN, THAT I CAN MAKE A CASE FOR IT.
UH, UH, THIS IS A VERY, UH, DIFFICULT, UH, CASE THAT YOU ARE NOT MAKING IT EASY FOR ME, AT LEAST TO MAKE A DECISION ON IT.
UH, SO IF YOU WOULD CONSIDER, UH, CONTINUATION TO THIS TO REACH OUT TO THOSE INDIVIDUALS THAT YOU TALKED ABOUT, THEIR APPROVAL, TALK TO THE COMMUNITIES, BUT WHAT YOUR INTENT TO DO, IT'S YOUR CALL, BUT IT, IN THAT CASE, I DON'T THINK I WILL SUPPORT IT.
UM, YEAH, I JUST WANNA ECHO COMMISSIONER SUZUKI'S COMMENTS.
UM, EXCEPT THAT I WOULDN'T BE IN FAVOR OF A CONTINUANCE.
I DON'T, I KIND OF AGREE WITH STAFF ON THIS ONE, THAT IT'S INTRUSION INTO A RESIDENTIAL AREA BY COMMERCIAL USES.
AND, UH, THE THING, YOU KNOW, ASKING FOR CONDITIONAL USE FOR AUTO AND LIGHT TRUCK REPAIR TELLS ME THAT THAT'S THE DESIRED USE.
SO, UM, I, I, I JUST DON'T SEE THAT BEING A GOOD FIT HERE, UH, PERSONALLY.
BUT, UH, ANY OTHER COMMENTS OR QUESTIONS? WE'LL ENTERTAIN A MOTION.
UH, THE QUESTION TO YOU, WHAT DO YOU WANNA DO? OH, YES.
UH, DO YOU WANT US TO VOTE TODAY AND MAKE A DECISION OR YOU WANT TO ASK FOR CONTINUATION? UH, AS PER CONTINUATION, SIR.
MY, UH, MAY, UH, THE REASON WHY, SIR, UH, I CAN SAY, UH, I HAVE A LOT OF PLAN FOR, UH, ANY BUSINESS THERE.
IT JUST HAPPENED THAT I WAS WORKING ON WITH MY REALTOR AND, UH,
[01:10:01]
I TOLD, I TOLD HER THAT, UH, ANY BUSINESS THAT CAN HELP TO THE WELFARE OF THE COMMUNITY, WHICH I WAS ACTUALLY DEALING WITH, THE, THE NEIGHBORHOOD ASSOCIATION, UH, THEY WERE EVEN SUGGESTING THAT, UH, A, A FLOWER SHOP OR TACO CART OR, UM, A USE, UH, USE CAR FOR SALE OR A MECHANIC.I HAVE A LOT OF, UH, UH, THINKING IN GENERAL FOR THE BUSINESS.
IT JUST HAPPENED THAT I CAN'T, UH, I REALLY WANT TO HAVE SOMETHING IN MIND, BUT, UH, I JUST KEEP IT LIVED LIKE THAT BECAUSE I DON'T HAVE YET THE, UH, THE REAL RENTER OF MY PROPERTY SINCE WHEN I BOUGHT THAT, UH, UH, TU UH, ALL THE, ALL THE NEIGHBORHOOD IN, ON THE OTHER SIDE OF THE, THE, THE STREET IS, IS, UH, TU ALREADY AND ON ALSO ON MY SIDE OF MY PROPERTY.
IT JUST HAPPENED THAT IT WAS, HAS BEEN CHANGED LAST 2023 THAT EVERY MOST OF MY SIDE HAS BEEN CHANGED TO RESIDENTIAL.
BUT THERE ARE SOME COMMERCIAL MAYBE, UH, UH, PROPERTY, THREE OR FOUR BESIDE OF MY, MY PROPERTY LEFT AND LEFT AND RIGHT.
BUT, UH, I, UH, I'M DEFINITELY, SIR, I, I WANT TO HAVE, UH, TO TELL THE REAL BUSINESS I CAN PUT THERE.
BUT IF I TELL YOU AND THEN SOMEBODY CAME ON THE OTHER BUSINESS, UH, I, I DON'T WANT TO, UH, GIVE A DEFINITE, BUT I HAVE MY REALTOR WORKING ON, ON THAT.
SIR, MAY I SUGGEST HIRE A PROFESSIONAL PERSON TO HELP YOU WITH THIS CASE.
REALTOR MIGHT NOT BE THE ONLY ONE.
I KNOW YOU HAVE THE INTENTION, BUT I GUESS THE ACTIVITIES YOU MENTIONED IS BY FAR WILL NOT BE ACCEPTABLE TO US TO APPROVE IT.
SO I SUGGEST YOU HIRE THE RIGHT PROFESSIONAL AND WHO WOULD GUIDE YOU ON THE RIGHT PROCESS TO GO THROUGH THIS.
OKAY? THIS IS MY ADVICE TO YOU.
I'M GONNA MOVE FOR FOUR WEEK CONTINUANCE TO FEBRUARY 11TH.
ALTHOUGH I GENERALLY AGREE WITH YOUR POSITION, I DO WANT TO GIVE THIS APPLICANT THE OPPORTUNITY TO MAKE THE BEST CASE POSSIBLE.
AND SO I NOW MOVE FOR A CONTINUANCE TO FEBRUARY 11TH FOR FOUR WEEKS.
WE HAVE A MOTION FOR A FOUR WEEK CONTINUANCE TO FEBRUARY 11TH BY COMMISSIONER UH, BUSANTE.
OH, A SECOND BY COMMISSIONER ETTE, I THINK IT WAS.
UH, STAFF, PLEASE DO A ROLL CALL.
MOTION PASSES FOR CONTINUANCE.
THAT'S ALL THE ITEMS. IS THERE A DIRECTOR'S REPORT? THERE IS NOT.
WELL, WE WILL SEE EVERYBODY FRIDAY MORNING, BRIGHT-EYED AND BUSHY TAILED READY TO GO AND WE'LL SEE YOU FOR BREAKFAST, LUNCH, AND DINNER.
UH, IF THAT'S ALL THERE IS, IT'S 3 21 AND WE ADJOURN.