* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] GOOD AFTERNOON LADIES AND GENTLEMEN, IF WE COULD PLEASE HAVE OUR SPANISH INTERPRETATION SERVICES STATEMENT. GOOD AFTERNOON ES. THANK YOU. ALRIGHT. MY NAME IS JOHN BUSTAMANTE AND I AM THE CHAIR OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT FIVE ZONING COMMISSIONER. THE TIME IS ONE OH ONE AND I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION INTO SESSION. I LIKE TO DO ROLL CALL BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT. THANK YOU CHAIR. MY NAME IS ROB SIPES. I REPRESENT DISTRICT SEVEN. I'M JOHN KELLY. I REPRESENT DISTRICT EIGHT. DANNY KELLUM, DISTRICT ONE, JOHN WHITIT, DISTRICT 10 MOSES VE, DISTRICT NINE MIA. LOS DISTRICT TWO. KEN HU, DISTRICT SIX, GEORGE OSA, DISTRICT THREE. EDDIE PETE RODRIGUEZ. DISTRICT FOUR ANA MAYOR'S APPOINTEE STAFF IS A QUORUM PRESENT. YES. A QUORUM IS PRESENT. ALRIGHT, VERY GOOD. UH, IF EVERYONE WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FACT OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALRIGHT, BEFORE WE BEGIN OUR HEARING, I WOULD LIKE STAFF TO REVIEW THE MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE STAFF. IF YOU WOULD, BEFORE I BEGIN, PLEASE TURN YOUR PHONES ON VIBRATE OR TURN THEM OFF. THE ZONING COMMISSION IS AN 11 MEMBER BODY APPOINTED BY THE CITY COUNCIL TO MAKE RECOMMENDATIONS ON ZONING CASES. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSION, YOU WILL 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 AND 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 WILL INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X WILL INDICATE THOSE PROPERTY OWNERS END OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE COMMISSION, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE WHO HAVE SIGNED UP TO SPEAK FOR AND AGAINST A PROPOSED REZONING, YOU WILL BE CALLED IN THE ORDER THAT YOU HAVE SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU WILL BE INFORMED THAT THE THREE MINUTES ARE UP. FOR THOSE WHO WOULD LIKE TO GIVE THEIR TIME TO ANOTHER SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE WHO ARE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. AND YOU MUST PLEASE ANNOUNCE THAT WHEN THAT SPEAKER'S GOING UP TO THE PODIUM, THAT YOU ARE YIELDING YOUR TIME. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSIONER QUESTIONS. THANK YOU CHAIR. UH, THANK YOU SO [Zoning Items  ] MUCH. DO WE HAVE ANY WITHDRAWN OR POSTPONED ITEMS TODAY? WE DO NOT. ALL RIGHT. NO ONE GETS OUT EARLY. UM, ALRIGHT. IF WE COULD PLEASE LIST THE ITEMS ON OUR, UH, COMBINED HEARING. NUMBER ONE, DOCKET THE CONSENT DOCKET. MR. CHAIR, I'M SORRY. CAN WE ASK THE STAFF TO ZOOM IN ON THE, UM, THERE WE GO. THANK YOU. OH, VERY GOOD. UH, IF YOU WOULD JUST LIST THE ITEMS FOR CONSENT. HEARING ITEMS OF THE COMBINED AGENDA ARE 6 8, 9 11 12 14, 16, 17, 18, 25, 27, AND 28. ALRIGHT, UH, MEMBERS OF THE COMMISSION, ARE THERE ANY ITEMS THAT HAVE BEEN LISTED THAT YOU WOULD LIKE TO REMOVE TO INDIVIDUAL CONSIDERATION OR THE CONTINUANCE DOCKET? LOOKING LEFT. SEEING NONE. LOOKING RIGHT, SEEING NONE. ALRIGHT. IF WE COULD READ THE ITEMS ON, UH, THE CONSENT HEARING DOCKET INTO THE RECORD PLEASE. ITEM NUMBER SIX. A REQUEST FOR A CHANGE OF [00:05:01] ZONING FROM C TWO AND R FOUR TO C TWO LOCATED AT 53 34 SAN PEDRO AVENUE. ALL OTHER OVERLAYS TO REMAIN THE SAME. JOIN SEVEN NOTICES MAILED THREE IN FAVOR. ZERO POST ALMOST PARKED TERRACE, NORTH CENTRAL NEIGHBORHOOD ASSOCIATIONS AND SAN ANTONIO, TEXAS DISTRICT ONE RESIDENCE ASSOCIATION GAVE NO RESPONSE. ITEM NUMBER EIGHT, A REQUEST FOR A CHANGE OF ZONING FROM I ONE TO C TWO LOCATED AT 1265 SOUTH WW WHITE ROAD. ALL OTHER OVERLAYS REMAIN THE SAME. 24 NOTICES MELT ONE IN FAVOR, ZERO OPPOSED IN DEL CREST AREA NEIGHBORHOOD ASSOCIATION IS OPPOSED. HEIN ORCHARD NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE. ITEM NUMBER NINE, THE REQUEST FOR A CHANGE OF ZONING FROM MF 33 S WITH A SPECIFIC USE AUTHORIZATION FOR ADULT DAYCARE AND R FIVE TWO R FIVE S WITH A SPECIFIC USE AUTHORIZATION FOR CHILDCARE FACILITY. SEVEN TO 12 CHILDREN LOCATED AT 1 1 1 DUFF STREET. ALL AUTHOR OVER LEASE REMAIN THE SAME. 36 NOTICES MAIL ZERO IN FAVOR. ZERO OPPOSE EASTWOOD VILLAGE AND NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE. ITEM 11. A REQUEST FOR A CHANGE OF ZONING FROM C TWO S WITH A SPECIFIC USE AUTHORIZATION FOR HOTEL TO C TWO S WITH A SPECIFIC USE AUTHORIZATION FOR MEDICAL HOSPITAL TALLER THAN 35 FEET. WHEN UNABLE TO ACHIEVE ADDITIONAL HEIGHT PURSUANT TO 35 DASH 5 1 70 SETBACKS FOR HEIGHT INCREASES GENERALLY LOCATED IN THE 6,300 BLOCK OF SOUTHWEST LOOP FOUR 10. ALL OF THE RELEASE REMAIN THE SAME. 43 NOTICES MAILED ZERO IN FAVOR. ZERO POST HEATHERS COVE HOA AND SPRINGVALE NA GAVE NO RESPONSE. THE APPLICANT WILL BE AMENDING THEIR SITE. PLAN. ITEM NUMBER 12. A REQUEST FOR A CHANGE OF ZONING FROM OH TWO TO C ONE LOCATED AT TWO 30 BEDA DRIVE. ALL OTHER OVERLAYS REMAIN THE SAME. 41 NOTICE IS MAILED. THREE IN FAVOR. ZERO OPPOSED. KING WILLIAM NEIGHBORHOOD ASSOCIATION IN SAN ANTONIO, TEXAS. DISTRICT ONE RESIDENCE ASSOCIATION GAVE NO RESPONSE OUTSIDE OF 200 FEET AND ONE IN FAVOR. ITEM 14. A REQUEST FOR A CHANGE OF ZONING FROM MXD WITH USES PERMITTED IN C TWO 40 LIVE WORK LOFT UNITS, ALCOHOL BAR AND TAVERN WITH COVER CHARGE THREE OR MORE DAYS PER WEEK AND COMMERCIAL PARKING LOT. TWO MXD WITH USE PERMITTED IN C TWO 40 LIVE WORK UNIT LOFTS LIVE LIVE ENTERTAINMENT WITH COVER CHARGE THREE OR MORE DAYS PER WEEK NOT INCLUDING FOOD SERVICE ESTABLISHMENT, ALCOHOL BAR, AND OR TAVERN WITH COVER CHARTS THREE OR MORE DAYS PER WEEK. ENTERTAINMENT VENUE, INDOOR TATTOO, PARLOR STUDIO AND PARKING LOT COMMERCIAL WITH MAJOR SITE PLAN AMENDMENT LOCATED AT 2 1 5 COCA-COLA PLACE ALL OVER RELATES REMAIN THE SAME. 13 NOTICES MAILED WHO IN FAVOR? ZERO. POST JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE. ITEM 16 A REQUEST FOR A CHANGE OF ZONING FROM R FOUR TO R FOUR CD WITH A CONDITIONAL USE FOR TWO DWELLING UNITS LOCATED AT 6 6 4 THOMSON PLACE ALL OTHER OVERLAY TO REMAIN 26 NOTICES MAILED ZERO IN FAVOR. ZERO. POST PALM HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. ITEM 17 A REQUEST FOR A CHANGE OF ZONING FROM R SIX TO MF 18 LOCATED AT 41 18 AND 4 22 ALTITUDE DRIVE. ALL OTHER OVERLAY REMAIN THE SAME. 15 NOTICES MAILED ZERO IN FAVOR. ZERO POST BLACKLAND TERRACE NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE. ITEM 18 A REQUEST FOR A CHANGE OF ZONING FROM R FOUR TO RM FIVE LOCATED AT ONE 16 PAOLO GLENCO STREET ALL ALTHOUGH OVERLAY TO REMAIN THE SAME. 37 NOTICES MAIL ZERO IN FAVOR, ZERO POSTS. ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR. ITEM 25, OUR REQUEST FOR A CHANGE OF ZONING IN FROM I ONE AND C3 NA TO C3 NA LOCATED AT 10 83 PARA BIAL ROAD. ALL OF THE OVERLY REMAIN 14 NOTICES MAILED ONE IN FAVOR. ZERO POSTS. THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. ITEM 27, A REQUEST FOR A CHANGE OF ZONING FROM R SIX TO MF 33 LOCATED ON THE 4,400 BLOCK OF WARS BLOCK ROAD. ALL OTHER OVERLAYS TO REMAIN 48 NOTICE IS MAILED ZERO IN FAVOR. ZERO POSTS. THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. ITEM 28, A REQUEST FOR A CHANGE OF ZONING FROM MF 40 C TWO C TWO S WITH A SPECIFIC USE OF AUTHORIZATION FOR HOTEL AND C3 TWO MF 18 LOCATED AT 64 35 WEST MILITARY DRIVE. ALL OF THE OVER LEASE REMAIN THE SAME. 11 NOTICES MAILED ZERO IN FAVOR. ZERO POSTS THERE IS NO NEIGHBORHOOD RE REHABILITATION WITHIN 200 FEET [00:10:01] AND WE DO HAVE SPEAKERS FOR ITEM NUMBER 12. VERY GOOD. UH, I WAS GONNA ASK FOR PUBLIC COMMENT THIS WEEK. YOU STOLE MY THUNDER. UM, IF WE COULD HAVE ANY PUBLIC COMMENT PLEASE. FUL GARCIA SIR, COME ON UP. AND HE'S HERE FOR ITEM NUMBER 12. VERY GOOD. IF YOU WOULD INTRODUCE YOURSELF, GIVE US YOUR ADDRESS AND TELL US YOUR THOUGHTS ON ITEM NUMBER 12. ITEM NUMBER 12. OLFO GARCIA. AND I'M AT PROPERTY. YEAH. COME A LITTLE CLOSER, MAKE SURE THE MICROPHONE IS ON. THERE YOU GO. AND I'M SORRY SIR, I'M GONNA ASK YOU TO REPEAT THAT. UH, RODOLFO GARCIA AND, UH, TWO 18 CEDAR ADJACENT TO, UH, THAT PROPERTY. UH, I SEE IT'S LISTED AS AN IN AS A COMMERCIAL PROPERTY. ANY IDEA AS TO WHAT TYPE OF BUSINESS THEY'RE LOOKING AT? UH, SIR, I DO NOT OFFHAND. UH, I'M GONNA RECOMMEND THAT YOU SPEAK TO, UM, ALEXA, ANA, I'M SORRY, MS. ANA'S BACK THERE. AND SHE CAN ANSWER THOSE QUESTIONS. YOU WILL HAVE THE CHANCE TO ADDRESS CITY COUNCIL IF YOU HAVE CONCERNS, UM, UH, BE BEFORE THAT HEARING OCCURS AND DURING THAT HEARING. YEAH, THAT, THAT LOCATION OF COURSE IS BEETHOVEN HALL. YOU KNOW, I MEAN FIESTA, THAT'S MM-HMM . UM, WOULD VERY, VERY BUSY THIS TIME OF YEAR. YES. AT THE VERY, YES, EXACTLY. SO TRYING TO FIND OUT WHAT ENTITY, HOPEFULLY IT'S NOT GONNA BE LIKE A, UH, RESCUE ANIMAL SHELTER. MM-HMM . WELL, IT WOULDN'T, IT WOULDN'T BE THAT, SIR. I CAN TELL YOU THAT, UH, GIVEN THE C ONE DESIGNATION. OKAY. BUT MS. ANA WILL HELP YOU OUT RIGHT OVER THERE. THANK YOU. THANK YOU SIR. AND THAT'S IT FOR PUBLIC COMMENT. ALRIGHT, VERY GOOD. DO WE HAVE THE APPLICANT FOR ITEM NUMBER 11, PLEASE? OR APPLICANT'S REPRESENTATIVE? NO, WAIT. NOPE. COME ON UP. SORRY SIR. UM, I SHOULD HAVE GIVEN YOU A WARNING. UH, YOU HAVE, YOU HAVE SUBMITTED AN AMENDED SITE PLAN FOR THIS ITEM? YES. OKAY. UH, AND THAT IS WHAT YOU WANT, UH, THE SITE PLAN TO BE FOR THIS APPLICATION. CORRECT? WITH THE HAMMERHEAD FROM HEATHER'S PLACE, UH, BUT NOT ENTERING OR NOT PROVIDING ACCESS TO THE PARKING. NO ACCESS. ALRIGHT. VERY GOOD. THANK YOU SO MUCH. ALRIGHT. AT THIS TIME, UH, I WILL ENTERTAIN A MOTION. MR. CHAIR. YES. COMMISSIONER HUEY, MOVE TO APPROVED FOLLOWING ITEMS. ITEM NUMBER 6 8 9 11 AS AMENDED. 12 14 16, 17, 18, 25, 27, AND 28. RIGHT. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER HINOJOSA, UH, DISCUSSION. LOOKING LEFT, SEEING NONE. LOOKING RIGHT, SEEING NONE. UH, THE MOTION IS FOR APPROVAL OF ITEM 6 8 9 11 IS AMENDED. 12 14, 16, 17, 18, 25, 27, AND 28. ROLL CALL, VOTE PLEASE. COMMISSIONER HUEY AYE. COMMISSIONER NOOSA? YES. COMMISSIONER LUM? YES. COMMISSIONER LO? YES. COMMISSIONER PETE RODRIGUEZ? YES. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER VO AYE. COMMISSIONER TSET? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, VERY GOOD. LADIES AND GENTLEMEN, IF YOU WERE HERE FOR ANY OF THOSE ITEMS WE JUST TALKED ABOUT AND YOU HAVE NO INTEREST IN SPENDING THE NEXT FOUR HOURS WITH US, UM, YOU ARE FREE TO GO. SO, UM, YOU ARE MOVING ON TO CITY COUNCIL. YOU HAVE SIX MONTHS TO DO SO AND HAVE A GREAT DAY. ENJOY THE LOVELY WEATHER. ALRIGHT, UH, ONCE THESE FOLKS CLEAR OUT, WE WILL MOVE ON TO OUR CONTINUANCE DOCKET . UM, ALRIGHT. STAFF, IF WE COULD TALK ABOUT OUR CONTINUANCE DOCKET FOR THE HEARING ON APRIL 21ST, 2026, PLEASE REQUEST CONTINUE TO THE APRIL 21ST MEETING. R 1 2 5, 7, 10, AND 26. ALRIGHT. AND THE FLOOR IS OPEN FOR A MOTION. MR. CHAIR? YES. COMMISSIONER HUEY. MOVE TO CONTINUE THE FOLLOWING ITEMS. ITEMS NUMBER 1, 2, 5, 7, 10 AND 26. I'LL SECOND. ALRIGHT. AND THERE'S A SECOND BY COMMISSIONER HINOJOSA. ALRIGHT, UM, ANY DISCUSSION AND OR ITEMS TO BE REMOVED FROM THAT? LOOKING LEFT, SEEING NONE. LOOKING RIGHT, SEEING NONE. THE MOTION IS FOR A CONTINUANCE OF ITEMS 1, 2, 5, 7, 10, AND 26 TO THE APRIL 21ST. [00:15:01] 2026 ZONING, COMMISSION MEETING. ROLL CALL, VOTE PLEASE. COMMISSIONER HUEY AYE. COMMISSIONER OSA? YES. COMMISSIONER KELLUM? YES. COMMISSIONER LO? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER VAL. AYE. COMMISSIONER WHATSUP? YES. COMMISSIONER PANNA? YES. CHAIR BUS, SAMANTHA. AYE. MOTION CARRIES. ALRIGHT, VERY GOOD. IF YOU, UH, WERE LISTED IN THAT, IN THAT LIST OF CASES, UH, WE WILL SEE YOU IN TWO WEEKS AND GOOD LUCK. HAVE A GREAT DAY. ALRIGHT, WE ARE NOW MOVING ON TO OUR CONTINUANCE HEARING FOR THE MAY 5TH, 2026 ITEMS REQUESTING CONTINUOUS FOR FOUR WEEKS. ARE, IS ITEM NUMBER FOUR? ALRIGHT, IS THERE A MOTION COMMISSIONER LAWS? WE'LL GO TO YOU. UH, MOTION TO CONTINUE. ITEM FOUR TO THE MAY 5TH HEARING. ALRIGHT, IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER VE UH, MOTION IS, I'M SORRY. ANY DISCUSSION? LOOKING LEFT. SEEING NONE. LOOKING RIGHT. SEEING NONE. MOTION IS FOR CONTINUANCE TO THE MAY 5TH, 2026 MEETING. FOR ITEM NUMBER FOUR. ROLL CALL, VOTE PLEASE. COMMISSIONER LO? YES. COMMISSIONER VILLE. AYE. COMMISSIONER KELLUM? YES. COMMISSIONER OSA? YES. COMMISSIONER PIE RODRIGUEZ? YES. COMMISSIONER HUI AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER ETT? YES. COMMISSIONER PANNA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, VERY GOOD. IF YOU'RE HERE FOR THAT ITEM, SEE YOU ON MAY 5TH. ALRIGHT, WE ARE NOW MOVING ON TO OUR INDIVIDUAL, UH, CONSIDERATION DOCKET. WE WILL BEGIN WITH ITEM NUMBER THREE. GOOD AFTERNOON. ALEXA RATANA ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE IS LOCATED AT 25 20 MCCULLOUGH AVENUE. GOING FROM C TWO COMMERCIAL DISTRICT TO IDZ ONE, LIMITED INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED IN C ONE LIKE COMMERCIAL DISTRICT AND A WINE BOUTIQUE WITH ALL OVERLAYS STAYING THE SAME. THERE WERE 84 NOTICES SENT OUT. TWO IN FAVOR. 10 OPPOSED WITHIN 200 FEET. TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION IS NEUTRAL. ONE TO VISTA HISTORICAL HISTORICAL NEIGHBORHOOD ASSOCIATION IS OPPOSED IN SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION GAVE NO RESPONSE OUTSIDE THE 200 FEET OR FIVE OPPOSED. THE EXISTING C TWO COMMERCIAL DISTRICT IS IN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED IDZ ONE LIMITED INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED IN C ONE LAKE COMMERCIAL DISTRICT AND A WINE BOUTIQUE IS ALSO APPROPRIATE. THE PROPOSED ZONING IS REQUE IS REQUESTED TO RELIEVE PARKING REQUIREMENTS FOR THE EXISTING BUSINESS. ALTHOUGH THERE IS ONSITE PARKING AND RECORDED PARKING AGREEMENTS FOR REDUCTION IS NECESSARY TO MEET UDC REQUIREMENTS. THE ZONING CHANGE WOULD BE CONSIDERED A DOWN ZONING ALLOWING FOR LIGHTER COMMERCIAL USES INTENDED TO SERVE THE ADJACENT NEIGHBORHOOD. THE REQUEST WILL BE HELD TO A SUBMITTED SITE PLAN, WHICH INDICATES NO PROPOSED EXPANSION BEYOND THE EXISTING BUILDING FOOTPRINT. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND AMEND THEIR PROPOSAL TO IDZ ONE WITH USES PERMITTED IN C ONE LIGHT COMMERCIAL DISTRICT REMOVING THE WINE BOUTIQUE QUEUES FROM THE REQUEST. ALRIGHT, IF WE COULD HAVE THE APPLICANT PLEASE AND IF YOU WOULD SAY YOUR NAME AND YOUR ADDRESS AND THEN TELL US ABOUT YOUR PROJECT. ALRIGHT. HI, MY NAME'S JOHN ALLEN FARNELL. UH, THE ADDRESS IS 2 5 2 0 MACOLA AVENUE AND BASICALLY ON THE SITE PLAN, UH, THE ELECTRICAL BOX THAT WE FIRST USED TO BUILD OUT THE KITCHEN IN UNIT 1 0 2 ISN'T ENOUGH ELECTRICITY TO PUSH THE OVENS. WE NEED TO MAKE GRANOLA NOW. BASICALLY WE JUST STARTED MAKING OUR GRANOLA THIS YEAR AND TO GET AN ELECTRICAL BOX PUT INTO UNIT 1 0 1, WE BASICALLY HAD TO, YOU KNOW, REPL AND THEN GET ALL THE DRESSING CHANGED. AND THEN NOW YOU KNOW THAT AFTER WE, YOU DON'T NEED TO PULL A PERMIT, WE NEED TO GET IT, YOU KNOW, PASSED WITH TRAFFIC AND WE ALREADY HAVE A PARKING LOT AGREEMENT IN PLACE THAT WE CAN'T BREAK THAT'S TIED IN, YOU KNOW, WITH AN SBA LOAN ANYWAYS. AND I THINK SOME PEOPLE WERE CONCERNED ABOUT, YOU KNOW, THERE NOT BEING ENOUGH PARKING IF WE BROKE THAT. BUT, UH, YOU KNOW, MONDAY THROUGH FRIDAY WE HAVE 19 PARKING SPACES AVAILABLE, YOU KNOW, WHICH MEETS THE MINIMUM STANDARD ON WEEKENDS. I THINK WE HAVE UH, I THINK IT'S LIKE 36 'CAUSE WE CAN USE THE, YOU KNOW, THE WHOLE PARKING LOT LIKE NEXT DOOR. AND BASICALLY WE JUST NEED THAT ELECTRICAL BOX THERE SO THEY CAN, YOU KNOW, SIGN OFF ON TRAFFIC AND PULL AN ELECTRIC, UH, PERMIT TO GET A WHOLE NEW BREAKER BOX PUT IN FOR THE OVENS. THANK YOU MR. FARNELL. [00:20:01] YEP. THANK YOU MR. FARNELL. UM, WHY DON'T YOU GO AHEAD AND TAKE A SEAT IN THE FRONT ROW. I THINK WE'RE GONNA HAVE SOME PUBLIC COMMENT AND YOU CAN REBUT TO THAT. REBUT THAT IS WHAT I MEANT TO SAY. ALRIGHT. ANY PUBLIC COMMENT? YES, WE DO. WE HAVE SPEAKERS. ALRIGHT. WE ONLY HAVE SPEAKERS. WE ONLY HAVE SPEAKERS. BIANCA MALONA I'M SAVING MY TIME WITH. ALRIGHT, IS THERE ANYONE ELSE THAT'S GONNA BE YIELD THEIR TIME TODAY? ALRIGHT, MS. MALONA, WHO DID YOU YIELD YOUR TIME? TORE GARZA. MR. GAR, IF YOU'D LIKE TO COME UP, MS. GAR AND MS. GAA, YOU'LL HAVE SIX MINUTES. YOUR NAME AND YOUR ADDRESS, PLEASE. ALL RIGHT, THANK YOU SO MUCH. GOOD AFTERNOON. MY NAME IS DREA GARZA AND MY ADDRESS IS FOUR 30 FUR DRIVE, BUT I ALSO OWN APARTMENT NUMBER THREE 19 AT THE MAYFAIR CONDOMINIUMS. LOCATED AT 24 20 MCCULLOUGH AVENUE. I SERVE ON THE BOARD OF THE MAYFAIR CONDO HOMEOWNERS ASSOCIATION. HOWEVER, THE ROLE OF THE BOARD IS LIMITED TO FIDUCIARY RESPONSIBILITIES AND DOES NOT COMMENT ON CASES. UH, SO THESE COMMENTS ARE MY OWN. I AM HERE TO EXPRESS MY OPPOSITION TO THE CHANGE IN ZONING. I VERY MUCH APPRECIATE EFFORTS TO DOWN ZONE PROPERTIES ADJACENT TO SINGLE FAMILY AND MULTIFAMILY PROPERTIES. BUT IN THIS INSTANCE, A CHANGE IN ZONING DISRUPTS THE DELICATE BALANCE WE HAVE WITH RESPECT TO TRAFFIC PATTERNS, PEDESTRIANS, PARKING AND INTRODUCES ZONING INCONSISTENT WITH THAT OF NEARBY PROPERTIES. I'M SURE YOU'RE FAMILIAR WITH THIS AREA OF MCCULLOUGH AVENUE. THE MAYFAIR IS ON THE EDGE OF THE TOBIN HILL COMMUNITY ASSOCIATION AND A FEW BLOCKS FROM THE MONTE VISTA HISTORICAL ASSOCIATION BOUNDARIES. MAYFAIR IS AT THE, LITERALLY THE T OF WOODLAWN AVENUE AND MCCULLOUGH WITH WOODLAWN AND MISSILE TOE FORMING OUR BORDERS. WE'RE AT A UNIQUE CROSSROADS AND THIS STRETCH OF MCCULLOUGH HAS IT ALL. A POST OFFICE, A SCHOOL, SINGLE FAMILY HOMES, MULTI-FAMILY HOUSING OFFICES AND RESTAURANTS. AND THAT IS JUST ALONG TWO BLOCKS. WHAT IT DOES NOT HAVE IS PLENTIFUL PARKING, DEEP SETBACKS, AND ADEQUATE CROSSWALKS. MANY OF THE EMAIL AND WRITTEN COMMENTS YOU RECEIVED FOCUS ON PARKING THAT IS THE MOST TANGIBLE CONCERN. BUT YOU KNOW, THIS IS NOT JUST ABOUT PARKING. IDZ ZONING WITH LESS RESTRICTIONS WILL CONVEY. WE MAY HAVE A WELL-INTENTIONED OWNER RIGHT NOW, BUT WHAT HAPPENS WHEN WE DON'T? WHEN WE GET SOMEONE WHO ISN'T OPEN TO COLLABORATION, WE LOSE OUT ON AN OPPORTUNITY FOR FUTURE ENGAGEMENT AND LOSE A SENSE OF COMMUNITY AGENCY. WE NEED TO CONSIDER THAT A GREATER DENSITY OF VEHICLES RENDERS CHALLENGES FOR PEDESTRIANS AND CYCLISTS. WE ALREADY SEE PEDESTRIANS MOVING ACROSS MCCULLOUGH TOWARDS THIS PROPERTY, SOMETIMES BETWEEN CARS IN LINE AT THE TRAFFIC LIGHT RATHER THAN AT THE CROSSWALK HALF A BLOCK AWAY. MISSILE TOW HAS BIKE LANES THAT FLOAT AWAY FROM THE CURB. MORE CARS, TALLER CARS MAKES IT IMPOSSIBLE TO SEE WHO MAY BE COMING TOWARDS YOU. YOU WOULD HAVE A BETTER UNDERSTANDING OF THIS IF YOU WERE ON SITE AND TRYING TO EXIT THE GATE AT MAYFAIR ONTO MISSILE TOE. VISIBILITY IS A CHALLENGE ON THE BEST OF DAYS. KEYSTONE ON WOODLAWN CONTINUES TO GROW AND WE FEEL THE INCREASE IN TRAFFIC PARKING AND PEDESTRIANS ALONG BOTH SIDES OF THE BUILDING. RENOVATIONS TO KEYSTONE ARE BEGINNING A SIGN OF MORE GROWTH IN THE FUTURE. POST OFFICE CUSTOMERS TYPICALLY PARK ON WOODLAWN DUE TO THE STREET AND PARKING LOT CONFIGURATION. WE SEE LATE NIGHT TRAFFIC FROM ALL ACTIVITIES FURTHER DOWN WOODLAWN AND ST. MARY'S, WE GET OVERFLOW PARKING FROM EASY, FINE AND OTHER SMALL LOCAL BUSINESSES. LOOKING TO THE FUTURE, WE HAVE THE GREEN LINE AND THE TOT OVERLAYS TO ALSO CONSIDER AS WE FALL WITHIN THE ONE MILE WALK. SHE, WE HAVE NO WAY TO GUESS HOW THAT WILL IMPACT THROUGH TRAFFIC OR PARKING AND TRAFFIC. CALMING STUDIES AND INITIATIVES BY THE TRANSPORTATION DEPARTMENT DID NOT EXTEND TO OUR BLOCKS. IN SHORT, WE ARE PRESSURED ON ALL SIDES. I DO WANNA THANK THE APPLICANT FOR CONTRIBUTING TO MCCULLOUGH'S ECONOMIC DEVELOPMENT AND WANT TO BE AS SUPPORTIVE AS POSSIBLE TO SMALL BUSINESSES. BUT A ZONING CHANGE ISN'T IN THE BEST INTEREST OF OUR NEIGHBORHOOD RIGHT NOW. PARKING AGREEMENTS EXIST TO MEET THE C TWO REQUIREMENTS AND THE APPLICANT WILL CONTINUE THE AGREEMENTS FOR THE FORESEEABLE FUTURE AS THEY ARE TIED TO FINANCING REQUIREMENTS. BUT WHAT ABOUT AFTER? THERE IS NO WAY TO GUARANTEE THE PARKING AGREEMENTS REMAIN IN PERPETUITY AND SUCH AGREEMENTS WOULD NOT CONVEY WITH THE SALE OF ANY PROPERTY BEYOND THE LOSS OF PARKING CONVENIENCES. WHAT IS THE POTENTIAL COST TO THE RESIDENTS? MAYFAIR HAS PARKING CAPACITY FOR RESIDENTS. HOWEVER, WE DO RELY ON PUBLIC, ON STREET PARKING FOR GUESTS, SERVICE VEHICLES, DELIVERIES, AND MUCH MORE OFTEN FOR HOME HEALTHCARE PROVIDERS. AS THE MAJORITY OF RESIDENTS AND OWNERS ARE SENIORS AND AGING IN PLACE, WE HAVE TO CONSIDER THE LIFE SAFETY CONCERNS IN THE EVENT OF AN EMERGENCY. POLICE EMS AND FIRE NEED EASY ACCESS, ESPECIALLY FOR A MULTI-FAMILY PROPERTY. HOW WOULD THIS BE AFFECTED IF THERE WERE NO PARKING AVAILABILITY AND MORE CARS ALONG THE STRETCH OF [00:25:01] MISSILE TOE AND WOODLAWN? MAYBE IT WOULD BE DIFFERENT IF THERE WERE TRAFFIC ANALYSES OR AN ACTUAL PLAN TO ADDRESS THE GLUT OF CARS AND LACK OF ACCESSIBLE PROP, UH, ACCESSIBLE PARKING IN THE URBAN CORE. OR IF WE ACHIEVED SAFE WALKABLE STREETS, MAYBE WE FINALLY GOT MOVING ON THAT LONG DELAYED IN YOUR NORTH COMMUNITY PLAN. BUT THE REALITY IS THAT RIGHT NOW WE DON'T HAVE ANY OF THAT. SO I ASK THAT YOU PLEASE CONSIDER OPPOSING THE CHANGE TO THE ZONING AND ALLOW THE CURRENT ZONING WITH THE ACCOMPANYING PARKING AGREEMENTS TO REMAIN IN PLACE. KEEPING THE CURRENT ZONING WOULD STILL ENABLE THE NEEDED KITCHEN RENOVATIONS, EVEN IF IT WERE TO MEAN EXPANDING THE PARKING LOT PARKING AGREEMENTS THAT ARE IN PLACE. BUT IT WOULD CAUSE THE LEAST DISRUPTION TO THE SURROUNDING COMMUNITY AND HELP US MAINTAIN THE IMPERFECT BUT FUNCTIONING BALANCE THAT WE HAVE TODAY. THANK YOU. THANK YOU MS. GARSA. ANY FURTHER PUBLIC COMMENT? YES, JANICE CLAYTON. GOOD AFTERNOON, EVERYBODY. I'M JANICE CLAYTON. I LIVE AT 24 20 MCCULLOUGH, THE MAYFAIR APARTMENT 2 0 2, AND MY HUSBAND AND I HAVE OWNED THIS CONDO FOR FIVE YEARS AND I'M HERE TODAY TO SPEAK ON BEHALF OF EVERYBODY WHO LIVES UP AND DOWN MCCULLOUGH AVENUE AND PARTICULARLY THE MAYFAIR TO SAY THAT I AM IN OPPOSITION TO THE CHANGE IN ZONING FOR OUR NEIGHBORHOOD. LET'S KEEP IT AT C TWO. ONE OF THE JOYS AND PLEASURES OF INNER CITY LIFE IS A BALANCE BETWEEN AUTOMOBILES, BICYCLES, AND PEOPLE. C TWO HELPS TO MAINTAIN THAT BALANCE. AND I THINK NOW AND IN THE FUTURE, RETAINING OUR ZONING STATUS AT C TWO WILL NOT INHIBIT ANYBODY FROM ENJOYING RISE UP. ARE ANY OF THE OTHER LOVELY BUSINESSES UP AND DOWN OUR STREET? WE HAVE 60 CONDOS AT THE MAYFAIR. THAT'S AT LEAST 60 CARS TAKEN CARE OF, PARKED CAREFULLY IN OUR PARKING GARAGE, BUT WE'RE COMING IN AND OUT OF THERE ALL DAY LONG AND WE NEED TO HAVE A BALANCE. IN FACT, FEWER CARS ZIPPING UP AND DOWN MISSILE TOE MCCULLOUGH. SO THANK YOU EVERYBODY FOR YOUR INTEREST AND YOUR COMMITMENT TO SAN ANTONIO AS A HUMANE AND BEAUTIFUL CITY. SO THANK YOU. THANK YOU SO MUCH, MS. CLAYTON. TONY GARCIA. GOOD AFTERNOON COMMISSIONERS. MY NAME IS TONY GARCIA. I LIVE AT 2 43 EAST WEST EDGE HERE IN SAN ANTONIO, TEXAS. I CHAIR THE ZONING COMMITTEE FOR THE MONTE VISTA HISTORICAL ASSOCIATION. THE MULTI VISTAS HISTORICAL ASSOCIATION SUPPORTS ECONOMIC DEVELOPMENT IN THE NEIGHBORHOOD AS TO BE SEEN BY THE MULTITUDE OF BUSINESSES IN THE SOUTHERN PART OF MULTI VISTA. THAT BEING SAID, WE SUPPORT THE EFFORTS OF THE APPLICANT IN DEVELOPING THE PROPERTY TO INCLUDE A KITCHEN EXPANSION TO MAKE GRANOLA BARS FOR THEIR FUTURE BUSINESS. BUT WE ALSO SUPPORT A SENSITIVE AND RATIONAL APPROACH TO ZONING WHEN THE BUSINESS COEXIST IN THE RESIDENTIAL AREA. FOR THIS APPLICATION, WE DO NOT SUPPORT THE REQUEST FOR IDZ ONE, WHICH ELIMINATE THE PARKING REQUIREMENTS FOR THIS OPERATION. WE BELIEVE RESIDENTS IN THE IMMEDIATE AREA HAVE EXPRESSED THEIR CONCERNS REGARDING PARKING. WE FEEL THAT THE APPLICANT SHOULD CONTINUE WITH THEIR CURRENT COOPERATIVE PARKING AGREEMENT WITH THE LEGAL FORM ACROSS THE ALLEY AND BELIEVE IT WILL ADDRESS THEIR PARKING NEEDS FOR THEIR EXPANDING SERVICES. SO THERE IS NO NEED FOR IDZ ONE AS WE KNOW THE ZONING SAVES THE PROPERTY WHEN IT'S SOLD, THEREFORE WE OPPOSE THE ZONING APPLICATION AS CURRENTLY SUBMITTED. THANK YOU FOR YOUR CONSIDERATION. THANK YOU MR. GARCIA. LUIS CARD OVER TWO GOOD AFTERNOON COMMISSIONERS. MY NAME IS LOUIS CARDENA. UH, I'M LOCATED AT 2,500 [00:30:01] MCCULLOUGH, SO WE'RE RIGHT NEXT DOOR. WE SHARE A PROPERTY LINE. UM, WE'VE BEEN THERE FOR 16 PLUS YEARS. UH, AND I'M OPPOSED TO THIS REZONING, UM, BECAUSE, YOU KNOW, WE'VE BEEN THERE. UM, WE'VE HAD FEW DIFFERENT NEIGHBORS THROUGHOUT THE YEARS, UM, BUT NEVER HAD ISSUES WITH SAFETY LIKE WE ARE RUNNING TODAY AND TRAFFIC ISSUES AND PARKING. UM, I'M ALL ABOUT SMALL BUSINESSES. I'M A SMALL BUSINESS. I'VE HAD A SMALL BUSINESS FOR 25 YEARS, A NONPROFIT NEXT DOOR AS WELL FOR 10 YEARS. UM, I'M ABOUT GROWTH IN OUR CITY, BUT IT'S ALSO ABOUT BEING RESPONSIBLE AND, AND TAKING CARE OF YOUR NEIGHBORS. AND WHAT WE'RE EXPERIENCING AT 2,500 IS NOT TAKING CARE OF THE NEIGHBORHOOD. UH, SINCE RISE UP HAS MOVED IN, WE'VE HAD PARKING ISSUES, UM, ISSUES AND ISSUES WITH PARKING OVER AND OVER, AND IT'S ABOUT SAFETY FOR US. WE HAVE PUT SIGNS UP, DIDN'T WORK. WE HAVE TO PUT CONES UP, DOESN'T WORK. UH, WE HAD TO HIRE A TO COMPANY FOR THE TRAFFIC AND PARKING KIND OF WORKED, BUT YOU KNOW, IT IS WHAT IT IS. UM, WE YOU FINALLY HAD TO PUT A FENCE ON THE, IN THE BACK OF OUR, OUR PARKING LOT TO, UM, CUT THROUGH ALL THE TRAFFIC AND USE OF OUR, OUR PROPERTY. UM, THAT HAS SLOWED IT DOWN. UM, BUT WITH, WITH PROPERTIES OR THE PARKING SO LIMITED, UH, AS THE APPLICANT HAS MENTIONED, UH, THE ATTORNEYS THAT THEY RENT SPACES FROM HAS ALSO PUT UP SIGNS, UH, LIMITING WHERE THEIR CUSTOMERS CAN PARK. THEY'RE GETTING A HEADACHE ACROSS THE STREET. EXTRA FINE HAS ALSO PUT UP SIGNS LIMITING PARKING BECAUSE THEY CROSS THE STREET. AND WHEN I SAY CROSS THE STREET, IT'S SAFETY THERE. IT'S AN ACCIDENT WAITING TO BE HAPPEN. YOU KNOW, THEY PARK UP AND DOWN MCCULLOUGH AND YOU GUYS KNOW HOW BUSY MCCULLOUGH IS. UM, AND SO WITH NEW BUSINESSES, THEY ARE PROPOSING IT, IT WILL ONLY INCREASE THE NEED FOR MORE PARKING PLUS TRAFFIC AND, YOU KNOW, IN THIS AREA. UM, SO WHAT CAN YOU GUYS DO TO HELP US, YOU KNOW, IN HELPING THESE NEIGHBORS TO PROTECT OUR PROPERTY? THE SAFETY OF OUR, OUR VISITORS, OUR KIDS THAT COME TO OUR PROPERTY THAT ALMOST HAVE BEEN HIT MULTIPLE TIMES. UM, SIGNS ON MCCULLOUGH, I DON'T KNOW, SPEED BUMPS DOWN THE ALLEY THAT, YOU KNOW, PEOPLE, YOU KNOW, YOU KNOW, DRIVE PRETTY QUICK DOWN. I DON'T KNOW, UM, HAVE RISE UP IN THE NEW VENTURE ADDRESS THESE ISSUES WITH THE CUSTOMERS, UH, TRAIN CUSTOMERS WHERE TO PARK, NOT TO PARK, YOU KNOW, WHICH REALLY DOESN'T SEEM FEASIBLE. UM, SO WHAT I'M ASKING IS YOU GUYS, UM, YOU KNOW, WHERE ARE WE NOW WITH, WITH THE SAFETY OF, OF THIS, YOU KNOW, THIS AREA. AND AGAIN, I OPPOSE, THANK YOU MR. ES. THAT IS THE FOR PUBLIC COMMENT ON THIS ITEM. ALRIGHT, VERY GOOD. MR. FARNELL. UH, A BRIEF REBUTTAL. COME ON UP. SORRY. LIKE, BASICALLY AS FAR AS LIKE PEOPLE THAT BUY SMOOTHIES BEING DANGEROUS, LIKE THAT'S STRAIGHTFORWARD. NOT THE CASE. , LIKE PEOPLE JUST GO IN AND BUY SMOOTHIES AND THERE, THERE HASN'T BEEN ANY PROBLEMS. THERE HASN'T ANY BITTEN, UH, VIOLENT ALTERCATIONS OR FIGHTS OR ANYTHING LIKE THAT THERE THE ENTIRE TIME WE'VE BEEN THERE. AND THEN, UH, BASICALLY BACK ABOUT THE, YOU KNOW, PARKING LOT AGREEMENT BEING BROKEN. I, I DON'T KNOW HOW TO EXPLAIN IT, LIKE REALLY CLEAR. LIKE THAT PARKING LOT AGREEMENT IS BENEFICIAL TO ME AND LIKE EVEN IF YOU GAVE ME $5 MILLION, I'M NOT GONNA PAY OFF THAT LOAN AND GET RID OF THAT PARKING LOT AGREEMENT. LIKE IT'S GONNA BE THERE FOR AT LEAST 30 YEARS. ALRIGHT, THANK YOU SO MUCH. ALRIGHT, COOL. THANK YOU. ALRIGHT, THIS IS A DISTRICT ONE CASE COMMISSIONER KELLUM TO YOU FOR QUESTIONS, UM, TO STAFF ALEXA. SO WHAT COULD THEY DO OR COULD THEY, COULD THEY GET THE, THE EXPANSION THAT THEY NEED AND HAVE THE BUSINESS THAT HE'S INTENDING WITH A DIFFERENT ZONING? UM, SO WHEN THEY PUT IN THE COMMERCIAL PROJECT APPLICATION FOR THAT KITCHEN, UH, BECAUSE THIS PROPERTY IS ADDRESSED SEPARATELY AS UNIT 1 0 1 AND UNIT 1 0 2, UM, THAT'S WHY THE REVIEW GOT STUCK WAS BECAUSE THEY NEED ADEQUATE PARKING FOR BOTH UNITS EVEN THOUGH THEY'RE TECHNICALLY ONLY UTILIZING ONE UNIT FOR THE RETAIL ESTABLISHMENT. SO AS IT CURRENTLY EXISTS, NO THEY, THEY WOULD NEED THE IDZ TO ALLEVIATE THAT, UM, UNLESS THERE WAS OTHER PARKING AGREEMENTS THAT COULD BE MADE. BUT I'M NOT SURE IF THAT THAT WOULD BE UP TO THE APPLICANT. MR. FARNELL, MAY I HAVE YOU COME UP MR. FARNELL? YOU MIGHT JUST WANNA SIT IN THE FRONT ROW . I KNOW, SORRY. OKAY, SO LIKE, BASICALLY IF YOU SEE THE PARKING LOT THE WAY IT IS NOW, IT WASN'T ALWAYS LIKE THAT. IT WAS BASICALLY WHEN WE BOUGHT IT A ONE WAY THROUGH THERE UNTIL A FENCE WAS PUT IN. AND YOU KNOW IT, I HAVE A PICTURE OF IT HERE, BUT LIKE, BASICALLY THERE USED TO BE A TREE IN A STORAGE ROOM, LIKE IN THE, IN THE PARKING LOT AND AFTER THE FENCE WENT IN, LIKE BASICALLY PEOPLE COULDN'T LIKE DRIVE IN AND THEN BACK OUT LIKE, YOU KNOW, 80 FEET, [00:35:01] YOU KNOW, TO GET OUT OF OUR PARKING LOT. SO WE UH, REMOVED THE TREE. YEAH, THERE IT IS. YEAH, THAT ONE TREE, LIKE RIGHT THERE ON THE RIGHT HAND SIDE, WE GOT RID OF THAT. AND THEN THE, YEAH, THEN THE, YOU CAN SEE THAT LITTLE WHITE SQUARE. OH OKAY. OH COOL. YEAH, SO BASICALLY THAT FENCE WENT RIGHT THERE AND WE TOOK OUT THAT TREE WITH ALL THE UH, STEPS RIGHT THERE. WE TOOK OUT THAT STORAGE UNIT AND WE BASICALLY, YOU KNOW, WHILE, YOU KNOW, WE WERE STILL OPEN, WE BASICALLY HAD TO LIKE RIP OUT OUR ENTIRE PARKING LOT AFTER THAT FENCE WENT UP AND WE REDID IT TO WHERE, YOU KNOW, WE HAD MORE PARKING SPACES AFTER THAT. AND THAT WAS LIKE THE OTHER KIND OF THING THAT WAS AFTER THAT IS LIKE, YOU KNOW, IF YOU TAKE INTO CONSIDERATION AFTER THE PARKING LOT REMODEL, WE TECHNICALLY ALREADY HAVE ENOUGH PARKING TO USE THIS FOR, YOU KNOW, TWO EMPLOYEES TO MAKE GRANOLA. LIKE IF YOU WANTED TO LIKE LOOK AT IT THAT WAY. BUT YEAH, BUT WE ZAPPED THAT IF YOU GO BACK AND, YOU KNOW, 'CAUSE THAT'S OFF OF GOOGLE MAPS RIGHT NOW, LIKE IT WAS, WE RECENTLY MADE ALL THOSE CHANGES. I MEAN LIKE WE'VE REDONE ALL THE PARKING SPACES. WE HAVE OUR DUMPSTER RIGHT THERE. SO LIKE TECHNICALLY, I MEAN I COULD DO SOMETHING AND MOVE THE DUMPSTER TO WHERE WE COULD WHEEL IT OUT AND EMPTY IT AND GET AN EXTRA PARKING SPACE OR SOMETHING LIKE THAT. BUT IT'S JUST BETTER, YOU KNOW, FOR THE, YOU KNOW, THE, THE UH, TRASH GUY TO BE ABLE TO JUST COME IN, HE GRABS THE TRASH, EMPTIES IT AND THEN LEAVES LIKE THEN THAT'S WHAT THEY'RE DOING RIGHT NOW. BUT WE COULD TECHNICALLY MOVE TO LIKE A SMALLER TRASH CAN THAT THEY EMPTY LIKE THREE OR FOUR TIMES A WEEK AND GET ANOTHER PARKING SPACE IF WE HAD TO. BUT YEAH, THAT'S ABOUT IT. HE ANSWERED MY QUESTIONS HERE. ALRIGHT, THANK YOU SO MUCH COMMISSIONER KELLUM. ALRIGHT, ANY FURTHER QUESTIONS TO MY LEFT? YES. UH, COMMISSIONER VE AND THEN COMMISSIONER SIPES. UM, FIRST QUESTION, FORGIVE ME FOR NOT UNDERSTANDING AS THE DETAILS MIGHT BE A SIMPLE ANSWER, BUT, UH, WHY COULDN'T WE JUST REZONE THE PARCEL THAT HAS THE, UH, ADDITION IDZ AND LEAVE THE EXISTING ZONING WITH THE PARKING REQUIREMENTS ON THE OTHER PARCEL? I AM SORRY. SO YOU'RE SAYING LEAVE THE PARKING, WELL, I'M SORRY, LAW ALONE THERE, THERE'RE TWO SEPARATE PARCELS, CORRECT? IT'S ONE, IT'S ONE BUILDING WITH TWO PARCELS. SO COULDN'T WE HAVE SEPARATE ZONING? IT COULD BE A POSSIBILITY TO DO ONE UNIT AS A SEPARATE ZONING, BUT HE WOULD NEED TO GET FIELD NOTES, UM, WHICH COULD TAKE SOME TIME AND EFFORT MONEY. SO, BUT, BUT I SUPPOSE THAT COULD JUST TRY TO BRAINSTORM. THAT COULD BE A COMPROMISE TO KEEP THE PARKING REQUIREMENTS ON THE OLD STRUCTURE AND JUST HAVE IDZ ON THE, THE THE SECOND PARCEL AND NOT HAVE PARKING REQUIREMENTS ON THE SECOND PARCEL. THIS IS JUST A HYPOTHETICAL, I'M JUST BRAINSTORMING MR. FARNELL, UM, I'M GONNA ASK YOU TO COME UP. I THINK THIS IS RELEVANT TO THIS. DID YOU MENTION THAT YOU RE PLATTED THIS PROPERTY? YEAH, SO LIKE WHEN WE CAME IN, LIKE WHEN WE CAME IN TO INITIALLY GET OUR FIRST ROUNDS OF PERMITS, WE HAD TO REPL. SO THAT ENTIRE BUILDING'S ONE PARCEL. IT IS LIKE WE WENT IN TRAFFIC. SO IT'S ALL ONE LOT NOW. YEAH. AND THE TRAFFIC THE FIRST TIME MADE US REPL AND THAT'S ANOTHER, I MEAN BECAUSE IT'S BEEN GOING ON THREE YEARS, LIKE, LIKE THAT'S BASICALLY WHY WE HAD TO LIKE, IT IS KIND OF TURNED INTO WHAT IT IS NOW. WE HAD TO REPL TO GET YES, STEPH, THAT'S, SORRY, WASN'T RELEVANT. THANK YOU FOR THAT CLARIFICATION. YEAH, SORRY. UM, THE FRONT THANK THANK YOU CHAIR. THAT WAS IMPORTANT. UH, GENERAL QUESTION ABOUT IBZ. UM, I THINK IT'S SUCH AN INTERESTING ZONING MECHANISM. UH, SO DOES IDZ ALWAYS WAIVE THE PARKING REQUIREMENT? CERTAIN IZ I DZS DO IDZ ONE DOES WAIVE IT A HUNDRED PERCENT, BUT IDZ TWO AND THREE, THEY WAIVE IT 50%. OKAY. AND I MEAN IT SEEMS LIKE THIS WOULD BE A, A REOCCURRING PROBLEM ON A LOT OF IDZ PROJECTS, RIGHT? IF YOU WAIVE THE PARKING REQUIREMENT, NEIGHBORS ARE CONCERNED ABOUT PARKING, IT CREATES MM-HMM . YOU KNOW, CREATES A CONFLICT THAT WE HAVE TO OVERCOME. SO WHAT WERE THE POLICY CONSIDERATIONS THAT LED THE COUNCIL ORIGINALLY TO ADOPT THOSE REDUCED PARKING REQUIREMENTS? SO IDZ WAS CREATED IN THE EARLY TWO THOUSANDS, KIND OF WITH THE EXPRESS GOAL OF MAKING REDEVELOPMENT OF INNER CITY PARCELS EASIER. UH, THERE WERE A LOT OF OBSTACLES TO THE DEVELOPMENT OF THOSE LOTS. SO THE CITY WHEN IT FIRST ADOPTED IDZ, IS THAT BETTER? WHEN IT, WHEN WE FIRST ADOPTED IDZ ZONING, IT WAIVED, UM, ALL PARKING FOR ALL DISTRICTS. UM, BACK IN 2017 OR 2018, THERE WAS A REQUEST FROM COUNCIL TO KINDA REIGN IN WHAT IDZ IS ALLOWED TO DO. AND THAT WAS AT THAT TIME THAT WE BROKE IDZ ZONING INTO THREE TIERS, UH, IDZ ONE, TWO, AND THREE. THE THOUGHT PROCESS AT THE TIME THAT THE TASK FORCE WAS CONSIDERING IT IS THAT ON PARCELS THAT WOULD QUALIFY FOR IDZ TWO AND THREE, YOU'RE ALMOST CERTAINLY [00:40:01] LOOKING AT PARCELS THAT ARE A LITTLE BIT LARGER. SO THE RULES WERE CHANGED TO ONLY REDUCE PARKING BY HALF RATHER THAN WAIVE IT ENTIRELY. BUT FOR IDZ ONE, THE FULL, UM, WAIVER, THE 100% REDUCTION IN REQUIRED PARKING WAS RETAINED BECAUSE COUNCIL FELT THAT THERE WERE STILL PARCELS OUT THERE THAT MIGHT NEED THAT FLEXIBILITY. SO THAT WAS KIND OF THE ORIGINAL AND THEN THE UPDATE. AND IN ADDITION TO FLEXIBILITY, WAS THERE ANY CONSIDERATION ABOUT, YOU KNOW, MULTIMODAL TRANSPORTATION PUBLIC, LIKE WAS IT ENVISIONING USING THIS TOOL IN AREAS WHERE WE'RE TRYING TO ENCOURAGE OTHER MODES OF TRANSPORTATION OTHER THAN CARS? OR WAS THAT NOT, WAS THAT OUTSIDE THE SCOPE? I MEAN, I, I WOULD SAY THERE WAS CERTAINLY CONSIDERATION, BUT I WOULD NOT FRAME IDZ AS A PRECURSOR TO TOD. I WOULDN'T GO THAT FAR. OKAY, THANK YOU. ALRIGHT, COMMISSIONER DUVAL. NO FURTHER QUESTIONS. COMMISSIONER SIPES, UM, QUESTION FOR STAFF. AND THAT'S REGARDING THE, UM, THE SITE PLAN. UM, SO IDZ REQUIRES A SITE PLAN, THE PARKING THAT'S SHOWN ON THE SITE PLAN WOULD BE REQUIRED AS WELL, CORRECT? THAT IS CORRECT. WOULD THE, AND THEN THERE'S THE NOTE ABOUT THE PARKING AGREEMENT THAT WOULD BECOME PART OF THE, OF IT. IT'S IN THAT LITTLE BOX. YOU MIGHT HAVE TO ZOOM IN, UM, ON THE RIGHT HAND SIDE, RIGHT THERE. THERE YOU GO. EIGHT ADDITIONAL PER PROVIDED THROUGH PARKING AGREEMENT. IS THAT MY, MY OVERALL QUESTION IS DOES THAT ENSURE THE, THE COMMENT WAS MADE ABOUT THE, THE PARKING AGREEMENTS CONVEYING WITH THE SALE OF THE PROPERTY? WOULD THE NOTE PLUS THE PARKING LOT THAT'S CURRENTLY SHOWN, WOULD THAT BE SUFFICIENT TO THE REASON WHY? I AM KIND OF HESITANT JUST BECAUSE, SO WE HAVE FOR SITE PLAN AMENDMENTS. IF IT, IF THAT COMMENT WAS TO GO AWAY, WOULD THIS BE CONSIDERED A MINOR SITE PLAN AMENDMENT OR A MAJOR SITE PLAN AMENDMENT? AND WOULD THAT NEED, WITH A MAJOR SITE PLAN AMENDMENT YOU WOULD NEED TO GO TO, TO GO THROUGH THIS WHOLE PROCESS AGAIN? BASICALLY WITH THE SITE PLAN, WE WOULD REGULATE WHAT IS ON SITE AND THAT KIND OF GOES, THAT COMMENT HONESTLY KIND OF GOES OUT OF PURVIEW OF THIS ZONING SITE PLAN TO BE HONEST. UM, ARE YOU ASKING FOR FUTURE POTENTIAL TENANTS? YES. YES. BECAUSE THE CONCERN WAS MADE THAT, THAT, YOU KNOW, THAT RIGHT NOW THERE'S A, THERE'S A PARKING AGREEMENT, BUT WITH THE CHANGE IN ZONING, YOU KNOW, IF THIS CONVEYS, YOU KNOW, IF IF IT'S SOLD IN THE FUTURE, THEN THEN THAT PARKING AGREEMENT DOESN'T APPLY. AND I WAS WONDERING IF IT APPLIES. WELL, IF, IF IT WERE TO SELL AND SOMEONE WERE TO APPLY FOR A NEW CERTIFICATE OF OCCUPANCY, AN INSPECTOR WOULD STILL CONDUCT A SITE VISIT AND DETERMINE ADEQUATE PARKING. IF THEY CANNOT MEET IT, THEY WOULD NEED TO PROVIDE A PARKING AGREEMENT AT THAT TIME OR ACCEPT SOME SORT OF REDUCED PARKING. BUT WE'RE GOING TO IDZ WITH IDZ, IT WAIVES IT AND NO, IT WOULD NOT BE ENFORCEABLE. THAT NOTE. BUT WHAT IS ON THE SITE PLAN, THOSE PARKING SPACES? WHAT ARE THEY LIKE? 10 OF 'EM OR MORE WOULD BE ENFORCEABLE. OKAY, GOT IT. NOT QUITE WHAT I WANT. ALRIGHT. OKAY. UM, I THINK THAT'S, NO, I'M, I THINK I'M DONE. ALRIGHT. YOU CAN, YOU CAN JUMP OFF. WE GOT ANOTHER GO AROUND. SO YOU CAN, YOU CAN PONDER, UH, TO MY RIGHT QUESTIONS. YES. COMMISSIONER HINOJOSA, UH, QUESTION FOR STAFF REAL QUICK. UH, IS THERE A, DID I HEAR THERE IS A NEIGHBORHOOD ASSOCIATION BUT THERE WAS NO RESPONSE? UH, SO THIS PROPERTY IS WITHIN 200 FEET OF TOBIN HILL AND MONTE VISTA AND THEN SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION, UH, TOBIN HILL'S NEUTRAL ON IT. SO THEY'RE NEITHER SUPPORTING OR OPPOSING THE REZONING. AND THEN MONTE VISTA WAS IN OPPOSITION. GOTCHA. AND THEN A QUESTION FOR THE APPLICANT, IF YOU WANNA COME ON UP, HAVE YOU MADE ATTEMPTS TO, UH, REACH OUT AND COMMUNICATE WITH THE NEIGHBORHOOD ASSOCIATIONS THAT ARE AROUND YOU, SORT OF, AND NEIGHBORS? YEAH. WELL, UH, I THINK MONTE VISTA I MESSED UP AND SENT IT TO THE WRONG EMAIL ADDRESSES, BUT OTHER THAN THAT I SENT EMAILS OUT TO EVERYBODY SENT ON THE SITE PLANS AND STUFF LIKE THAT AND TRIED TO EXPLAIN THAT IT WAS, IT'S MORE LIKE FOR ME IT'S JUST AN ELECTRICAL ISSUE, , YOU KNOW, LIKE WE JUST NEED THE BOX THERE SO WE CAN PUT IN OVENS AND THAT, AND THAT'S ABOUT IT. BUT, UH, BUT YEAH, I WAS LIKE COMMUNICATING WITH UH, MONTE VISTA ON THE WAY HERE TRYING TO EXPLAIN, YOU KNOW, LIKE THE DETAILS OF THE SITE PLAN AND YEAH. AND HERE I AM. OKAY. UM, I, I, I GUESS THE ONLY ISSUE THAT I HAVE THAT I SEE IS IT, AND SOME PEOPLE DON'T SEE THIS, IS THAT ZONING GOES WITH THE PROPERTY. SO IF YOU WOULD SELL THIS IN 10 YEARS, 15 YEARS TOMORROW. RIGHT. IT'S, IT'S, IT'S THAT ZONING IS IDZ. RIGHT? UH, SO THAT'S WHERE I'M AT RIGHT NOW. THANK YOU. ALRIGHT. [00:45:01] ALRIGHT. ALRIGHT. UM, ANY FURTHER QUESTIONS TO THE RIGHT? OKAY. UH, NOT THERE YET. UH, IT'S MY TURN. UM, ALRIGHT, LET'S TALK ABOUT WHAT THE EXISTING ZONING IS RIGHT NOW. THE EXISTING ZONING IS C TWO, CORRECT? RIGHT. UH, SORRY. OKAY. I'M GONNA ASK THIS STUFF, BUT YOU CAN STAY THERE, CORRECT? PROBABLY HAVE SOME STUFF WITH YOU. ALRIGHT. EXAMPLES OF C TWO USES INCLUDE A LIQUOR STORE. THAT'S CORRECT. UM, LET'S SEE. PET CEMETERY, MY FAVORITE. YES. , UH, AUTO AND LIKE TRUCK OIL, LUBE AND TUNEUP, CORRECT. UH, AUTO GAS TINTING, TIRE REPAIR, APPLIANCE SALES AND REPAIR. CORRECT? CORRECT. AND THOSE ARE ALLOWED AS OF RIGHT? THAT IS CORRECT. OKAY. UH, MR. FARNELL, I HAVE A QUESTION FOR YOU. UH, I BELIEVE STAFF INDICATED THAT YOU ARE GOING TO BE AMENDING YOUR REQUEST, CORRECT? WELL, WE JUST TOOK THE WINE BAR THING OFF OF THERE BECAUSE I, IT WAS JUST LIKE AN OPTION, LIKE A CHECKBOX FROM WHAT I FIGURED AND I PUT IT ON THERE AND A LOT OF PEOPLE HAD AN ISSUE WITH IT, SO I JUST OKAY. YOU KNOW, SO OFFICIALLY YOU'RE REMOVING WINE BAR FROM YOUR REQUEST, RIGHT? YEAH. OKAY, AWESOME. UH, WHAT ARE YOUR HOURS OF OPERATION TYPICALLY? UH, IT'S EVERY DAY. IT'S 8:00 AM TO 7:00 PM OKAY. UM, HOW MANY CARS DO YOU TYPICALLY HAVE AT YOUR BUSIEST TIME PERIOD? WE WILL GET LIKE A BRUNCH POP, YOU KNOW, AND THAT'LL BE, YOU KNOW, THE PARKING LOT USUALLY FILLS UP AROUND THERE. BUT THEN, UH, THE BUSIEST IS THE WEEKENDS AND, YOU KNOW, IF WE HAVE, WHEN WE DO HAVE ALL USE OF THAT PARKING LOT NEXT DOOR, LIKE, I MEAN LIKE IT FILLS UP LIKE ON THE WEEKENDS, BUT THEY, YOU KNOW, AGAIN, LIKE STAY LIKE ON THAT PARKING LOT OR INSIDE THE PARKING LOT. OKAY. AND SO TO BE CLEAR, WHEN YOU'RE TALKING ABOUT THE PARKING AGREEMENT, YOU'RE TALKING ABOUT THE LAW OFFICE ACROSS THAT PAVED ALLEYWAY, RIGHT? RIGHT. AND WE JUST REPAINTED THE SIDE OF THE BUILDING WHERE IT SAYS LIKE, REALLY BIG, LIKE PARKING IN BACK, LIKE, YOU KNOW, RIGHT THERE AT THAT LITTLE ALLEYWAY MM-HMM . AND IT'S, IT'S HELPED A WHOLE LOT LIKE IN THE LAST FEW WEEKS. OKAY. SO WITH YOUR PARKING AGREEMENT, PEOPLE AREN'T CROSSING MCCULLOUGH EVERY, LIKE I SAW ONE LADY, LIKE LAST, LAST MONTH DO IT LIKE MAYBE LIKE ONCE LIKE, BUT BUT FROM WHERE? FROM WHERE THEY'RE SUPPOSED TO PARK. OH YEAH. WITH THEIR PARKING AGREEMENT, THEY'RE NOT CROSSING. OH YEAH, NO, THERE, THERE'S, THERE'S LIKE A LITTLE ALLEYWAY RIGHT THERE AND THAT'S ABOUT IT. AND, AND THERE'S USUALLY PEOPLE, YOU KNOW, LIKE ON SATURDAYS THEY'LL GO BACK AND FORTH BECAUSE THEY'LL EAT BOWLS END AT EXTRA FINE OR, OR WHATEVER. THEY JUST KIND OF, EVERYBODY EATS WHATEVER THEY WANT PRETTY MUCH. UM, ALRIGHT. SO FOR STAFF, YOU KNOW, UH, THE AVAILABILITY OF CROSSWALKS AND OTHER PEDESTRIAN SAFETY DEVICES IS BEYOND THE PURVIEW OF THIS COMMISSION, CORRECT? YEAH, I, I APPLIED FOR THAT TOO AND THEY DIDN'T, I, I NEVER HEARD BACK ON THE CROSSWALK. WELL, UH, FOR THE NEIGHBORS, THAT'S PROBABLY A GOOD SUGGESTION TO FOLLOW UP ON, RIGHT? UH, BUT NOT HERE, NOT TODAY. ALRIGHT, I THINK THOSE ARE ALL OF MY QUESTIONS RIGHT NOW. UH, TO THE LEFT WE'RE GONNA GO VO AND SIPES AGAIN. I THINK, HOW ABOUT SIPES GO FIRST? 'CAUSE I WAS, I WAS, I WAS GOING TO UH, FOLLOW ON SOMETHING HE SAID. ALRIGHT, SO MAYBE HE'S GONNA ANSWER IT HIMSELF. NO, I'M GONNA FOLLOW, I'M GONNA DO SOMETHING DIFFERENT. UM, SO FROM WHAT I, THE CURRENT ZONING, THIS IS NOT IN THE HISTORIC DISTRICT ITSELF, SO IT DOES NOT GO BEFORE HDRC OR ANY OTHER, ANYTHING LIKE THAT, CORRECT? CORRECT. YES. SO IF THE ZONING REMAINED AT C TWO, TECHNICALLY THE BUILDING COULD BE DEMOLISHED AND YOU COULD HAVE LIKE PARKING IN THE FRONT, MAYBE NOT. WELL, WITH ANY DEMOLITION, UH, OUR, IT IS REVIEWED BY OHP TO SEE IF THERE IS OF SOME HISTORIC OKAY. OKAY. UH, SIGNIFICANCE BUT AGAIN, IT'S NOT DESIGNATED A HISTORIC OVERLAY OR OKAY. OKAY. LANDMARK RIGHT NOW. BUT, UH, WITH IDZ, THE SITE PLAN, WHICH INCLUDES THE FLOOR PLAN, WHICH INCLUDES THE BUILDING, WOULD, WOULD, WOULD GO ALONG, CORRECT. ANY, ANYTHING ON THIS SITE PLAN WITH THE, UM, DIMENSIONS, THE BUILDING SQUARE FOOTAGE, THEY COULD NOT INCREASE, UM, PARKING, BASICALLY THEY WOULD HAVE TO HAVE THAT PARKING. IT IS 10 SPACES. OKAY. GOT IT. ALRIGHT, THAT'S ALL MY QUESTIONS. ALRIGHT, COMMISSIONER DUVALL TO YOU? YES, SO I'M SORRY, THE 10 PARKING SPACES, WHAT, WHERE, WHERE DOES THAT COME FROM? THERE'S 10 PARKING SPACES ON THE SITE PLAN. OH. OH, GOT IT. OKAY. MM-HMM . UM, TH THANK YOU. SO THE, UH, SITE PLAN WOULD BE, WOULD LIMIT SUBSEQUENT OWNERS UNDER THE IDZ, CORRECT? UM, WELL, SORRY, THE, THE ELEMENT, [00:50:01] THE PARKING, UH, SPOTS CORRECT. LIKE A SUBSEQUENT OWNER WOULDN'T BE ABLE TO GET RID OF THOSE PARKING SPOTS WITH THE IDZ? CORRECT. SO IT WOULD REQUIRE 10 YES. BASIC EFFECTIVELY, PROPERLY, MM-HMM AND WHAT IF THIS WAS NOT IDZ? IF THIS WAS JUST C ONE, UH, WHAT WOULD BE THE PARKING REQUIREMENT ROUGHLY FOR THIS UNIT? UM, IT VARIES HONESTLY. IT GOES TYPICALLY BY THE SQUARE FOOTAGE OF WHATEVER EXACT USE IT IS. SO, SO THIS ONE'S ONE OR 100 SQUARE FOOT OF THE GROSS FLOOR AREA FOR A FOOD SERVICE ESTABLISHMENT? YEAH, ONE SPACE PER 100 SQUARE FEET. I'M SORRY. SO, SO IT'S APPROXIMATELY 20 SPACES. 20 SPACES. GOODNESS GRACIOUS, THAT'S A LOT. OKAY. ALRIGHT, THANK YOU. OKAY, ANY FURTHER QUESTIONS TO MY RIGHT? SEEING THEM? ALRIGHT, UM, NOW I WANT TO GO INTO SOME OTHER COMPLICATIONS WHICH IS, UH, I'M MAYBE FOLLOWING UP ON WHAT COMMISSIONER VE HAS MENTIONED. UH, ONE OF THE CONSIDERATIONS WITH IDZ DURING ITS IMPLEMENTATION AND INCORPORATION INTO OUR CODE WAS THERE ARE OLD BUILDINGS THAT DO NOT FOLLOW CURRENT BUILDING STANDARDS, DO NOT FOLLOW CERTAIN, UH, REGULATIONS THAT WE HAVE IN ZONING SUCH AS SETBACKS, CORRECT? THAT IS CORRECT. OKAY. AND THIS BUILDING, AT LEAST FROM MY VIEW, APPEARS TO BE ONE OF THOSE. IT IS. ALRIGHT. SO, OKAY, I THINK THAT'S ALL OF MY QUESTIONS. AND PUBLIC COMMENT IS NOW CLOSED. MR. FARNELL, YOU CAN SIT DOWN. ALRIGHT, COOL. . UM, ALRIGHT. AGAIN, THIS IS A DISTRICT ONE CASE, SO COMMISSIONER KELLUM TO YOU FOR DISCUSSION AND POTENTIAL MOTION. SO I THINK THIS IS DIFFICULT CASE FOR SURE. UM, I THINK, YOU KNOW, I WORRY ABOUT THE SENSE, THE SENSITIVITY OF THE AREA FOR SURE. UM, I THINK THERE IS A DELICATE BALANCE THAT'S THERE. I DO BELIEVE THOUGH AN ECONOMIC GROWTH IN THE AREA AND I THINK THAT THIS IS ONE WAY MAINTAINING THE SITE PLAN WITH THIS IDZ ZONING TO CREATE SOME SUB STABILITY IN THE FUTURE. UM, AND SO I MAKE A MOTION FOR APPROVAL, UM, BEFORE WE GET TO A SECOND FRIENDLY AMENDMENT TO THE MOTION AS AMENDED. YES. OKAY. ALRIGHT. NOW IS THERE A SECOND? I'LL SECOND IT. OH, I WAS STARING AT COMMISSIONER WHITSETT. I'M GOING WITH, I COULDN'T GET THE, SORRY. THANK YOU COMMISSIONER EITHER, BUT WE'RE GOING WITH COMMISSIONER WHITSETT AS THE SECOND, UH, DISCUSSION TO MY LEFT. COMMISSIONER BEL. YEAH, SO THE, THE, UH, IDZ WOW. FROM 20 SPACES DOWN EFFECTIVELY WITH THE SITE PLAN TO 10, WHOA, THAT'S A, THAT'S A BIG CUT , RIGHT? UM, BUT THAT'S, THAT'S WHAT IDZ IS, THAT'S WHAT WE HAVE TO DEAL WITH. AND THE SOLUTION MIGHT BE GOING TO COUNCIL AND SAYING, HEY, THIS AS A GENERAL POLICY IN THE CITY, IDZ, UH, NEEDS TO BE REASSESSED FOR THE PARKING REQUIREMENTS. UM, BUT AS IT IS, YOU KNOW, UH, IT IS AS IT IS. UM, I AM COMFORTED KNOWING THOUGH THAT THE SITE PLAN REQUIREMENT WITH IDZ WOULD NOT ALLOW A SUBSEQUENT OWNER, UH, TO JUST GET RID OF THE PARKING. UM, THAT MAKES ME COMFORTABLE TO, TO SUPPORT THE MOTION, UH, KNOWING THAT, UH, EVEN IF YOU MIGHT ARGUE THEY DON'T HAVE ENOUGH PARKING AS THEY, THEY THEY SHOULD AS A BEST PRACTICE AT LEAST, UH, THIS WOULDN'T CHANGE ANYTHING. IT WOULDN'T MAKE IT ANY WORSE. THEY CURRENTLY HAVE 10 PARKING LOTS, UH, SPOTS AND THEY'D BE, UH, REQUIRED TO HAVE 10 PARKING SPOTS IN THE FUTURE WITHOUT A, UH, COMING BACK TO US. SO IT'S ALL BE SUPPORTING THE MOTION. ALRIGHT, THANK YOU COMMISSIONER DUBAL. ANY FURTHER DISCUSSION? LEFT. SEEING NONE DISCUSSION. RIGHT. SEEING NONE. OKAY. UH, IN THAT CASE, I GET THE LAST WORD, UH, I ALSO WILL BE SUPPORTING THIS MOTION. I UNDERSTAND THE CONCERNS OF THOSE IN MAYFAIR. UM, I'VE, I LIVED IN MAYFAIR FOR SOME TIME, SO I'M FAMILIAR WITH THE NEIGHBORHOOD. UM, AND THAT BEING SAID, THIS IS KIND OF THE PERFECT CASE FOR IDZ. UH, IT MAKES IT EVEN MORE APPEALING TO ME BECAUSE IT IS A C TWO TO C ONE DOWN ZONING, WHICH IS A MUCH LESS INTENSE USAGE. UH, FURTHER THE IDEA THAT THIS CASE WAS BORN FROM THE NEED TO REPLACE AN ELECTRICAL BOX, UM, SAYS TO ME THAT, YOU KNOW, THIS MIGHT REQUIRE SOME CREATIVITY, [00:55:01] SOME FLEXIBILITY, WHICH IS WHAT IDZ IS MEANT TO DEAL WITH. I HOPE THAT WE ARE GOING TOWARDS A MORE CAR UNFRIENDLY FUTURE. I HOPE THAT THE TOD AND THE GREEN LINE DOWN THIS STREET WILL BE HELPFUL. UH, NOT DOWN THIS STREET BUT SAN PEDRO. UM, AND YOU KNOW, I THINK WE ALSO HAVE A PROBLEM TO COMMISSIONER DOVE'S POINT ABOUT PUBLIC POLICY DECISIONS, WHICH WE WILL HAVE THE CHANCE TO WEIGH IN ON NEXT YEAR WITH OUR UDC AMENDMENTS. UM, SAN ANTONIO, LIKE MANY OTHER CITIES, TENDS TO BE OVER PARKED. WE TEND TO HAVE TOO MUCH PARKING FOR THE USES THAT WE HAVE IN PLACE, RESULTING IN A GREAT DEAL OF ASPHALT AND, UH, HEAT ISLANDS. SO I ALWAYS BEAR THAT IN MIND WHEN WE DO TALK ABOUT PARKING. SO THAT BEING SAID, THE MOTION IS FOR APPROVAL AS AMENDED OF ITEM NUMBER THREE BY COMMISSIONER KELLUM WITH A SECOND BY COMMISSIONER TSET. ROLL CALL, VOTE PLEASE. COMMISSIONER KELLUM? YES. COMMISSIONER TSET? YES. COMMISSIONER LOAF? YES. COMMISSIONER OSA? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? UH, YES. COMMISSIONER KELLY? YES. COMMISSIONER VE AYE. COMMISSIONER PANNA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES AS AMENDED. ALRIGHT, THANK YOU SO MUCH. UH, GOOD LUCK MR. FARNE. YOU HAVE SIX MONTHS TO GO TO COUNSEL AND OF COURSE THOSE WHO ARE IN OPPOSITION UH, CAN SPEAK AGAINST THIS AT COUNSEL AS WELL. THANK YOU. ALRIGHT, WE ARE NOW GONNA MOVE ON TO ITEM NUMBER 13. YES, I GOOD AFTERNOON. ALEXA RATANA ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 13 IS LOCATED AT 1210 CATON AVENUE. GOING FROM R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT TO R FOUR CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH THE CONDITIONAL USE FOR FOUR DWELLING U FOR THREE DWELLING UNITS WITH ALL OVERLAYS STAYING THE SAME. THERE WERE 29 NOTICES SENT OUT. FOUR IN FAVOR. FIVE OPPOSED WITHIN 200 FEET. HIGHLAND PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED AND OUTSIDE THE 200 FEET. SIX IN FAVOR. THE EXISTING R FOUR IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED R FOUR CD WITH THE CONDITIONAL USE FOR THREE DWELLING UNITS IS ALSO APPROPRIATE. THE SUBJECT PROPERTY IN MUCH OF THE SURROUNDING AREA CURRENT CURRENTLY BENEFIT FROM THE B TWO R FOUR CONVERSION, WHICH PERMITS A TWO FAMILY DUPLEX RESIDENCE. DESPITE THE SINGLE FAMILY ZONING, THE SITE IS APPROPRIATELY SIZED AND HAS AN IMPROVED ALLEY TO THE REAR, WHICH CAN ACCOMMODATE THE ADDITIONAL DENSITY AND PROVIDE FURTHER BUFFERING FROM THE PROPERTIES TO THE SOUTH. THE CD CONDITIONAL USE WOULD BE BOUND TO A SITE PLAN AND DEVIATION FROM THE SUBMITTED DOCUMENT WOULD POTENTIALLY WARRANT ADDITIONAL PUBLIC REVIEW AND CITY COUNCIL CONSIDERATION. THE SITE PLAN INDICATES NO FUTURE EXPANSION BEYOND THE EXISTING BUILDING FOOTPRINT AND THE PRESENCE OF SUFFICIENT ONSITE PARKING FOR THE ADDITIONAL DENSITY STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, IF WE COULD HAVE THE APPLICANT PLEASE AND SIR IF YOU WOULD INTRODUCE YOURSELF. TELL US YOUR ADDRESS, TELL ABOUT THE PROJECT. ALRIGHT, EVERYBODY, UH, THE ADDRESS OF THE PROPERTY WHERE I LIVE, WHERE YOU LIVE. OKAY. OR WHERE YOU WORK. OKAY. MY NAME'S DIEGO RODRIGUEZ AND I LIVE AT 1 35 SUN GLOW AVENUE, WHICH IS ON THE SOUTH SIDE. AND I GREW UP ACTUALLY ON THIS SIDE OF TOWN THOUGH. WHERE, WHERE THIS HOME IS AT. WHERE, SO WHAT DO I CONTINUE? DO I CONTINUE WITH WHAT I'M, MY ARGUMENT? TELL US, TELL US WHAT YOU WANNA DO AND WHY. OKAY. AND WHY YOU THINK WE OUGHT TO ALRIGHT, FOLLOW YOUR ADVICE. OKAY. SO, UM, I WENT AND MET WITH THE NE UH, HIGHLAND PARK NEIGHBORHOOD ASSOCIATION ON FEBRUARY 24TH. THEY WANTED ME TO CHANGE MY DEED. I WAS TOTALLY IN OPPOSITION OF CHANGING THE DEED 'CAUSE THE DEED RESTRICTION WILL CONTINUE ON FOR ANY FUTURE OWNER. I DON'T LIKE TO RESTRICT STUFF LIKE THAT OR CONTEMPLATE ANYTHING LIKE THAT 'CAUSE I'M A FREEDOM GUY. SO YESTERDAY I GOT A EMAIL FROM MS. ANA, UH, SAYING THAT EVERY, THERE WAS NO OPPOSITION AT 1121. AT 4 0 9 I RECEIVED ANOTHER ONE THAT THERE WAS SIX. SO, IN MY OPINION THAT'S THERE, THE NEIGHBORHOOD ASSOCIATION IS WORKING TOGETHER AND I DON'T WANT TO USE, I'M NOT AN, UH, AN ATTORNEY, BUT IT'S ALMOST SEEMS LIKE CONSPIRING TO SAY WE WANT TO NOT DO THIS. RIGHT. SO I ALMOST THINK, IN MY OPINION, IT'S ALMOST A LITTLE, A LITTLE BIT OF MISFEASANCE MALFEASANCE GOING ON. 'CAUSE WHY WOULD THEY WANNA OPPOSE THIS THING? I, I REALLY DON'T KNOW, BUT I'LL GET TO OTHER, SOME OF, OF THOSE OTHER THINGS. ONE OF THOSE THINGS WAS I ASKED QUESTIONS TO THE, UH, NEIGHBORHOOD ASSOCIATION AND I ASKED THEM, WHERE CAN I FIND A PUBLIC WEB, UH, THE POINT OF CONTACT WEBSITE, SOCIAL MEDIA, NEWSLETTERS, ET CETERA. I GOT NO ANSWER. AND I SENT THAT OUT ON MARCH 25TH. [01:00:02] I ALSO ASKED THEM WHAT ARE THE NEIGHBORHOOD GOALS OF THE, OF THE ASSOCIATION? WHAT IS THERE CHARTER? WHAT IS THEIR AGENDA? I GOT NO RESPONSE. I ASKED THE NEIGHBORHOOD ASSOCIATION OR, OR WHAT ARE THE GOALS? IS IT NEIGHBORHOOD WATCH, SAFETY, DISASTER AWARENESS, EDUCATIONAL WORK WORKSHOPS, IES FOR THE NEIGHBORHOOD? I GOT NO RESPONSE. I ASKED THEM, HEY, ARE HOMEOWNERS, IS THE HOMEOWNER ASSOCIATION OPEN TO HOMEOWNERS AND RENTERS? AND AGAIN, NO RESPONSE. SO OUT OF ALL THE OPPOSITION THAT I RECEIVED THAT I SAW FROM THE NEIGHBORHOOD ASSOCIATION, ALL I SAW WAS BASICALLY THEY DON'T WANT IT BECAUSE OF THE PARKING SITUATION. THE PARKING SITUATION. I WALKED THE NEIGHBORHOOD AND I HAVE AN ATTACHMENT THERE WITH 10 PEOPLE WHO WERE IN AGREEMENT WITH OKAY. WITH ME PUTTING IN THIS THIRD UNIT. OKAY? SO I WALKED THE NEIGHBORHOOD AND I FOUND OUT A LOT OF PEOPLE ARE OPPOSED TO ONE PARTICULAR GENTLEMAN WHO PARKS LIKE FOUR CARS IN THE STREET. THAT PARTICULAR GENTLEMAN, WHICH IS THAT PICTURE RIGHT THERE, I'M NOT, NOT THE GENTLEMAN, BUT THE, THE PICTURE HE USES THE STREET AS HIS PERSONAL DRIVEWAY. LIKE I I MENTIONED TO MR. OSA, A LOT OF THESE HOMES WERE BUILT IN THE TWENTIES, THIRTIES, FORTIES, AND FIFTIES. AT THOSE TIMES, IT WAS USUALLY ONE CAR PER FAMILY OR LESS. SO A LOT OF THOSE HOMES ARE OLDER, THEY DON'T ACCOMMODATE FOR ALL THE DRIVING. THE KID HAS A CAR, THE KID HAS TO GO TO COLLEGE. WE ALL KNOW THE HAPHAZARD GROWTH OF SAN ANTONIO. IT'S KIND OF LIKE THE THE THING GOING ON BEFORE ME. SO WE HAVE TO MAKE ALL THESE CRAZY ACCOMMODATIONS BECAUSE THERE'S A LOT OF, THERE'S A LOT OF DYNAMICS IN OUR CITY, A LOT OF GROWTH. SO THERE'S TONS OF PEOPLE COMING IN. SO YOU CAN'T EXPECT EVERYTHING TO BE HUNKY DORY WHEN YOU HAD 10 PEOPLE AND NOW YOU HAVE A HUNDRED PEOPLE WALKING THROUGH THESE, YOU KNOW, STREETS OR WHAT HAVE YOU ANYWHERE IN THE CITY. SO THING THE, THE, THE CITY DYNAMICS ARE CHANGING DRASTICALLY. SO WE, WE HAVE TO KNOW THIS. SO I KNOW THAT THE BOARD MEMBERS ARE EXTREMELY, HOW WOULD SAY OPPOSED TO RENTERS, RIGHT? SO ME, MYSELF, I LOOK AT IT LIKE THIS, THE ECONOMIC TIMES AND THE PEOPLE WHO ARE IN THE NEIGHBORHOOD ASSOCIATION, THEY'RE MORE ELDERLY. I'M AN ELDERLY GUY. I'M 61 YEARS OLD. THESE GUYS ARE 60, 70 YEARS OLD. OKAY? I GET IT. WHEN WE WERE GROWING UP, TIMES WERE A LITTLE BIT, THE ECONOMIC TIMES WERE A LITTLE BIT DIFFERENT. YOU CAN GET TWO TACOS FOR A BUCK, 52 BUCKS, TWO TACOS A DAY COST YOU ALMOST 10 BUCKS. SO THE PEOPLE WHO ARE GROWING UP TODAY, THE OPPORTUNITY FOR THEM TO BUY A HOME IS LIMITED BECAUSE I MYSELF HAVE CHILDREN. THEY, THEY'RE PRODUCTIVE, BUT THEY'RE NOT PRODUCTIVE ENOUGH TO BUY A HOME. SO WE HAVE TO HAVE RENTERS. SO WE'RE WHAT WE'RE REALLY DOING IS ALIENATING OUR OWN CHILDREN FROM THE NEIGHBORHOODS THAT THEY GREW UP IN. IF THERE'S NO NEIGHBORHOODS, NO RENTALS FOR THEM. SO THAT'S ONE THING. IT'S LIKE YOU'RE, YOU'RE ALIENATING THE PEOPLE WHO GREW UP IN THE NEIGHBORHOOD. 'CAUSE NOW YOU WANT NO RENTERS. SO ACCORDING TO THE SAN ANTONIO, UH, CENSUS BUREAU, THAT NEIGHBORHOOD ALREADY HAS 40, 40.3% RENTERS IN THE AREA ALREADY. SO WE CAN'T, WE CAN'T, WE ALREADY, IT'S ALMOST 50 50 AS IT IS ALREADY. NOW YOU'RE TELLING ME THAT THE RENTERS ARE CREATING DISTURBANCES, NUISANCES, ADDITIONAL CRIME. BUT THERE'S, THERE'S ALSO STATISTICS THAT, GUESS WHAT? HOMEOWNERS COMMIT THESE SAME CRIMES, THESE SAME DISTURBANCES AND EVERYTHING ELSE. SO WHAT THEY'RE DOING IS, IS PUTTING ALL THE NEGATIVITY ON THE RENTERS. BUT THE REALITY IS, I CONSIDER MYSELF A, A, A RESPONSIBLE INDIVIDUAL. I'M NOT GONNA RENT, OR I DON'T WANT TO RENT TO SOMEONE WHO I BELIEVE IS NOT GONNA PAY THE RENT. 'CAUSE THAT'S NOT RESPONSIBLE, NOT ONLY FOR ME, BUT FOR THE NEIGHBORHOOD. SO I'M VERY COGNIZANT OF THE FACT THAT IF I HAVE, FOR EXAMPLE, I HAVE ONE PLACE WHERE I HAVE A FAMILY, THEY HAVE CHILDREN, I'M NOT GONNA RENT TO SOME PEOPLE THAT I THINK MAY BE A HINDRANCE OR, OR A HAZARD OR A SAFETY ISSUE TO THAT FAMILY. SO IT'S NOT GONNA WORK. SO I'M, I, I'M VERY SELECTIVE BECAUSE I HAVE TO BE, I I 'CAUSE PEOPLE, IT'S, IT INVOLVES PEOPLE'S SAFETY. SO I JUST GOT A LOT OF THINGS GOING THROUGH MY MIND. SO BEAR WITH ME ON THAT. SO I DID SEND A LOT OF EMAILS, GOT VERY LITTLE RESPONSE. ANY NEIGHBOR, ANY ASSOCIATION WHO'S WORTH THEIR ASSAULT, WILL RESPOND TO YOU IN A COORDINATED MANNER, A BUSINESS MANNER, SOMETHING PROFESSIONAL. YOU DON'T SEND THINGS INTO THE ETHER AND RECEIVE NOTHING. THAT TELLS ME THEY'RE NOT DOING WHAT THEY NEED TO DO. I DON'T KNOW IF THIS NEIGHBORHOOD ASSOCIATION HELPS AND DOES ANY OF THESE ADVOCACY THINGS OR DO THEY JUST COME UP EVERY TIME THERE'S A ZONING CASE? I REALLY DON'T KNOW, BUT THAT'S IN THE BACK OF MY MIND. THAT'S WHAT'S, THAT'S WHAT I THINK. NOW, ANOTHER THING, MY MOUTH IS REALLY DRY. SORRY. THE CITY OF SAN ANTONIO HAS THE SAN ANTONIO COMPREHENSIVE PLAN THAT'S COMING UP INTO THE FUTURE. SO THEY DO ENCOURAGE WITH THE SAN ANTONIO'S COMPREHENSIVE PLAN TRANSIT CORRIDORS AND REGIONAL CENTERS. AND THEY ACTUALLY ENCOURAGE MIDDLE HOUSING, WHICH ARE THREE PLEXES. THIS PARTICULAR PROPERTY LANDS IN THAT AREA. ONE LAST THING I DID, OR NOT ONE LAST THING, BUT ANOTHER THING I DID WANNA MENTION IS TWO OF THE UNITS ARE IN THE REAR OF THE HOME. IF YOU GO BACK TO THE PSYCH PLAN, THE ZONING COMMISSION FOR FOUR UNITS REQUIRES 4,000 SQUARE FOOT. THIS IS 3000 SQUARE FOOT. AND THE AREA SQUARE FOOT IS AT 7,500 SQUARE FOOT. SO THERE'S ADEQUATE PARKING SPACE. I GOT FIVE IN THE BACK, ONE IN THE FRONT. [01:05:01] I MEAN, ONE, UH, ADJACENT TO THE FENCE ON THIS SIDE. SO THERE'S MORE THAN ENOUGH PARKING. THE THE NEIGHBORS ARE CONCERNED WITH PEOPLE PARKING IN THE FRONT ON THE STREET. I GET THAT. THE OTHER GENTLEMAN SAID THEY KEEP CALLING THE POLICE ON HIM. WELL, PARKING ON THE STREET, BELIEVE IT OR NOT, IS A LEGAL ACTIVITY. THE POLICE HAVE TOLD HIM, AS LONG AS HIS CAR IS REGISTERED, LICENSED AND UP TO DATE, THERE'S NOTHING THEY CAN DO. 'CAUSE THAT'S A LEGAL THING TO DO. WE MAY NOT LIKE IT, BUT IT'S LEGAL. SO THE PEOPLE, THE ENTRANCES ARE TO THE REAR OF THE HOME. SO I DO NOT KNOW ANYONE WHO'S GOING TO PARK IN THE FRONT OF THE HOME TO GO WALK TO THE REAR OF THEIR HOME TO GO IN. THAT'S NOT, WE GO TO HEB, WE'LL WAIT A MINUTE OR TWO MINUTES JUST TO GET THERE TO THE PARKING SPOT CLOSER TO THE DOOR. SO IT'S OUR NATURAL HUMAN INSTINCT TO WANNA BE CLOSE TO OUR ENTRANCE. SO I CANNOT SEE ANYONE REALISTICALLY, PARKING IN THE FRONT IN THE STREET, WITH THE EXCEPTION OF ONLY WANTING TO STOP. AND THEN MAYBE THEY'RE GONNA GO OUT TO THE STORE, CONVENIENCE STORE QUICKLY AND THEN COME BACK. THEN THEY'LL GO PARK IN THE BACK. I HAVE AMENDED, I HAVE AMENDED MY NEIGHBORHOOD, MY, UH, LEASE TO INCLUDE IMMEDIATE EVICTION. I ALREADY HAD, IF THEY DO ANY ILLEGAL ACTIVITY, CRIME ACTIVITY, ANYTHING THAT'S, UH, I DON'T, LIKE, I DON'T DO DRUGS. I DON'T SMOKE DRUGS. I DON'T DO NONE OF THAT STUFF. SO ANYONE WHO DOES ANYTHING OF THIS AND THEY PARTAKE IN ANY OF THIS AND I FIND OUT ABOUT IT, THAT'S, THAT'S, I CAN SEE AND AND KNOW ABOUT IT. I'M GONNA EVICT THEM. I DON'T WANT PEOPLE LIKE THAT IN MY PLACES. SO I EVEN A, UH, UH, AMENDED MY LEASE TO INCLUDE A NEIGHBORHOOD ASSOCIATION NUISANCE, VIOLATION, SAME AS THE ABOVE. SO I'LL, I'LL READ HIM REAL QUICK IF I HAVE TIME. I'M NOT SURE. I THINK HE WANTED THE TIME THING. SO WE DON'T KNOW HOW MUCH TIME I GOT BECAUSE I'M TRYING TO GO FAST. SO MY IMMEDIATE EVICTION TENANT WOULD BE EVICTED IMMEDIATELY FROM HOME FOR ANY ILLEGAL ACTIVITY. CRIME ACTIVITY, IE SELLING DRUGS, PRODUCING ILLEGAL DRUGS, PROSTITUTION, ILLEGAL GAMBLING, DOMESTIC VIOLENCE, CAUSING A NUISANCE TO NEIGHBORS OR NEIGHBORHOOD OR ANY OTHER UNLAWFUL ACTIVITY DEEMED INAPPROPRIATE BY COMMON LAW BY, BY LAW OR THE LANDLORD. SO I AMENDED MY LEASE TO INCLUDE NEIGHBORHOOD ASSOCIATION NUISANCE VIOLATIONS, SAME AS THE ABOVE, TO INCLUDE NO EXCESSIVE LOUD MUSIC, NO EXCESSIVE DRINKING OUTSIDE AS TO CAUSE A DISTURBANCE. NO EXCESSIVE CLUTTER OR TRASH, NO STORAGE OF DANGEROUS CHEMICALS, NO COMMERCIAL BUSINESS ACTIVITIES. NO ONE ATTENDED. DANGEROUS ANIMALS, OCCASIONAL FAMILY GATHERINGS FOR CHILD PARTIES, BIRTHDAYS, GRADUATIONS, ET CETERA. UNDERSTANDABLE. EVERYONE HAS A GATHERING NOW AND THEN. SO WE'RE NOT GONNA SAY, OH, YOU CAN'T DO THIS. I MEAN, LIKE, COME ON, WE'RE HUMAN RIGHT? WE GOTTA DO HUMAN THINGS. SO, ALREADY SAID THAT TOMORROW, THE SAN ANTONIO'S, UH, TOMORROW COMPREHENSIVE PLAN IS ENCOURAGING MIDDLE HOUSING FOR THIS, THIS AREA BECAUSE WE KNOW SAN ANTONIO'S GROWING LIKE A WEED. THEY'RE EXPECTING LIKE ANOTHER MILLION PEOPLE BY 2040. WHERE ARE THEY GONNA LIVE? RIGHT? THEY GOTTA LIVE SOMEWHERE. IT'S ALREADY HAPHAZARD IN THE MILITARY. THEY CAUGHT IT A CLUSTER SOMETHING, BUT YOU KNOW WHAT I'M SAYING? YEAH. YOU KNOW, 'CAUSE THAT'S JUST THE WAY IT'S GROWING. YOU KNOW, SAN ANTONIO IS REALLY GROWING LIKE THAT. AND YOU, AND YOU SEE A LOT OF THESE THINGS. 'CAUSE SAN ANTONIO IS AN OLDER TOWN AND, AND THERE IS NOT ENOUGH PARKING. SO WE HAVE TO MAKE THESE LITTLE ACCOMMODATIONS AND STUFF. WE CAN'T ACCOMMODATE EVERYONE AND SAY, OH, YOU CAN'T PARK ON THE STREET. I JUST CAME TO WORK. I SOLD MR. ALEXA A PICTURE. I LIVED CLOSER TO THE BB BARBECUE, MY WHOLE NEIGHBORHOOD ON THE STREET. THERE'S CARS THERE. 'CAUSE THERE'S NOT ADEQUATE PARKING AT THE BB PLACE, RIGHT? I DON'T GO OUT THERE WITH THE SIGN, DON'T PARK HERE, DON'T PARK HERE. THEY EVEN BLOCK MY DRIVEWAY. SOMETIMES I HAVE TO GO TO THE RESTAURANT AND SAY, HEY, CAN Y'ALL PLEASE MOVE Y'ALL'S CAR? BUT I'M NOT GONNA CALL A TOW GUY OR I'M JUST GONNA, HEY, HANDLE IT. WE GO, WE MOVE ON. THAT'S IT. SO ONE OF THE LAST THINGS I WANTED TO SAY ALSO, UM, THE FEDERAL HOUSING ACT. THE FEDERAL HOUSING ACT AND THE TEXAS FAIR HOUSING ACT LAWS PROHIBIT REFUSAL OF RENT, A REFUSAL TO RENT OR THE IMPOSITION OF DIFFERENT TERMS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, NATIONAL ORIGIN OR DISABILITY. BUT YOU WANNA DISCRIMINATE BASED ON SOCIAL ECONOMIC LEVEL TO PEOPLE WHO CAN'T AFFORD A HOME. THAT DOESN'T MAKE ANY SENSE TO ME. THANK YOU MR. RODRIGUEZ. THANK YOU, SIR. THAT'S WHAT I TO SAY. PUBLIC COMMENT. THANK YOU. THANK YOU. WE DO HAVE PUBLIC COMMENT. ALFREDO PISANO AND PISANO. ALL RIGHT, SIR, IF YOU WOULD INTRODUCE YOURSELF. TELL US YOUR ADDRESS AND TELL US YOUR THOUGHTS. HI, MY NAME IS ALFREDO PISANO. I LIVE AT 1 6 1 5 EAST HIGHLAND BOULEVARD. THAT'S RIGHT AROUND THE BLOCK FROM CATON. THAT'S 10 12 CATON. I'M HERE TO OPPOSE THIS PROPOSAL OF REZONING. WE HAVE LIVED IN THIS HOUSE. I'VE RAISED A FAMILY THERE FOR 30 YEARS. MY ISSUE IS NOT ONLY THE CRIME THAT THAT ENCOURAGES. AND THIS GENTLEMAN ELOQUENTLY EXPRESSED HIS INTENT, AND I UNDERSTAND THAT TOO. BUT THE PROPERTY VALUES WILL GO DOWN. I DON'T NEED THAT. I NEED MY PROPERTY TO STABILIZE THAT WILL, IT'LL CAUSE INSTABILITY IN THE NEIGHBORHOOD. A SINGLE FAMILY DWELLING IS THE WAY IT SHOULD BE. THAT'S WHAT I BOUGHT, THAT'S WHAT I WAS HOPING TO RETIRE [01:10:01] IN. ALRIGHT, THANK YOU MR. PASANO. THANK YOU. THEN DENISE MO, SORRY IF I MISPRONOUNCE YOUR NAME. MOTIN MARTIN. DENISE MARTIN. YES. . AS SOMEONE WITH TERRIBLE HANDWRITING AND A DIFFICULT NAME. I'M, I'M SORRY, BUT YOU KNOW, SOMETIMES IT HAPPENS. . HELLO, I'M DENISE MARTIN. I LIVE AT 1211 CATON ACROSS THE STREET FROM THIS HOUSE. AND I'M OPPOSED TO THIS ZONING CHANGE. I BOUGHT MY HOUSE 19 YEARS AGO WITH A COMMITMENT TO STAY IN THAT NEIGHBORHOOD, KEEP A SINGLE FAMILY DWELLING. I CAN'T, UH, RENT IT. I CAN'T MAKE IT INTO A DUPLEX. AND, UM, THAT'S HOW I THOUGHT OUR NEIGHBORHOOD WAS GONNA BE. AND WHEN I FIRST BOUGHT THAT HOUSE OVER THERE, HIS PLACE HE WANTS TO DO, I'M SORRY, I FEEL REAL EMOTIONAL ABOUT THIS. UH, IT WAS RENTED. I GOT ROBBED TWICE. UM, IT TOOK FOREVER TO GET THOSE PEOPLE OUT. AND, UM, ALREADY WITH HIS GUYS WORKING ON THAT HOUSE OVER THERE, THEY HAVE PARKED IN FRONT OF MY HOUSE AND BLOCKED MY RECYCLE FROM BEING PICKED UP. AND, UM, I HAD TO AGREE NOT TO TURN MY HOUSE INTO, INTO A BUSINESS. I WOULD NOT TURN MY HOUSE INTO A BUSINESS. AND NOW THINGS ARE BEING FLIPPED IN THE NEIGHBORHOOD. AND THERE'S MULTIFAMILY APARTMENTS AND DWELLINGS BEING ENC ENCOURAGED. AND, UM, WHEN WE MET WITH MR. RODRIGUEZ, HE WOULD NOT GIVE US HIS PHONE NUMBER. HE WOULD NOT GIVE US ANY OF HIS, UH, ADDRESSES OF HIS PROPERTIES SO WE COULD CHECK THEM OUT. HE'S TOTALLY UNWILLING TO WORK WITH US. AND, UH, WE PROPOSED A COVENANT, WHICH WE DID TO ANOTHER, UM, UH, MAN IN THE NEIGHBORHOOD THAT TOOK TWO HOUSES DOWN FROM ME. AND THEY WORKED WITH US ON THAT. AND IT WAS TO GET THE, THE PEOPLE TO PARK IN THE BACK WHERE THEY'D MADE A HOUSING, WHERE THEY'D MADE A PARKING LOT. AND, UM, DIFFERENT THINGS LIKE THAT. THEY AGREED TO WORK WITH US, BUT HE'S NOT AGREEING TO DO ANYTHING. I MEAN, HE WANTED TO GIVE US HIS PHONE NUMBER. SO, AND THERE'S NO SUCH THING AS IMMEDIATE CONVIC EVICTION. IT TAKES FOREVER TO EVICT SOMEBODY. AND, UM, ONE OF OUR ARGUMENTS IS IT'S FULL OF OLD PEOPLE. WE WERE A BUNCH OF OLD PEOPLE IN THE NEIGHBORHOOD. THAT'S HOW I GOT MY HOUSE. A LADY DIED . SO I GOT A GOOD DEAL ON IT. AND, UM, IT IS HARD FOR PEOPLE WITH AMBULANCES TO COME IN AND GET TO OUR NEIGHBORS IF ALL THE PARKING IS FULL ON THE STREETS. AND IN THE DRIVEWAYS, IT DOES MAKE IT A HAZARD. AND HE DID BUILD A PARKING PLACE IN THE BACK. HE PUT CALICHE IN THE BACK. IT'S A NICE PARKING AREA, BUT HIS ONE TENANT OVER THERE DIDN'T WANNA GET DUST IN THEIR CAR. SO THEY'RE PARKING ON THE STREET. SO I REALLY DON'T WANT THIS, I REALLY HATE TO SEE THIS. 'CAUSE WE JUST GOT SOMEBODY RENTING ACROSS THE STREET THAT HAS A KID. THEY'RE JUST RENTING THE WHOLE HOUSE. WE HAVE ANOTHER HOUSE, A COUPLE OF BLOCK, A COUPLE OF HOUSES DOWN FROM ME. THEY HAVE A FAMILY. THERE'S NOT ANY KIDS IN OUR NEIGHBORHOOD, YOU KNOW, AND WHO WANTS TO MOVE INTO A NEIGHBORHOOD FULL OF CRIME AND TRASHY RENTERS? AND ALL RENTERS ARE NOT THAT WAY, YOU KNOW. BUT, UM, THE OTHER PROPERTY, THEY WORKED WITH US. THEY HAD A NICE LOOKING PIECE OF PROPERTY, BUT HE WOULDN'T, HE WOULDN'T CONCEDE TO ANYTHING. AND I THINK NOT GIVING US A PHONE NUMBER TO REACH HIM IS A REALLY BAD SIGN. SO I'M REALLY AM OPPOSED TO THIS AS A WHOLE LOT OF NEIGHBORS ARE. AND THANK YOU VERY MUCH. THANK YOU, MS. MARTIN. CAN I REBUT ON THAT? RACHEL ROHER? MR. RODRIGUEZ, YOU'LL HAVE A CHANCE TO REBUT AT THE END. THANK YOU. MS. SORRY, ROHR? YES. GOOD AFTERNOON, COMMISSIONERS. UM, MY, YOU, MY NAME IS RACHEL ROHR AND I RESIDE AT 1143 CATON, AND I'VE BEEN THERE FOR 30 YEARS. THE RESIDENTS OF CATON AVENUE HAVE SEVERAL CONCERNS REGARDING THE REQUEST TO CONVERT 1210 CADEN INTO A TRIPLEX. OUR BLOCK ALREADY HAS THREE DUPLEXES AND ONE TRIPLEX, WHICH HAS SIGNIFICANTLY INCREASED THE DENSITY ON OUR STREET. AS A RESULT, PARKING HAS BECOME LIMITED, MAKING IT DIFFICULT FOR EMERGENCY VEHICLES TO PASS THROUGH. AND WE ALL KNOW EVERY MINUTE IS CRUCIAL. WHEN AN EMERGENCY VEHICLE NEEDS TO GET THROUGH, UH, A NEIGHBOR DIRECTLY ACROSS FROM ME THAT HAPPENED TO HIM, THEY HAD TO BACK UP, GO TO CLARK, COME AROUND HIGHLANDS AND GET TO HIS HOUSE. OF COURSE IT WASN'T FIVE MINUTES, BUT THOSE SECONDS ARE CRUCIAL. IN ADDITION, THERE HAVE BEEN REPEATED INCIDENTS REQUIRING POLICE RESPONSE INVOLVING TENANTS AT SOME OF THESE MULTI-FAMILY PROPERTIES. THIS HAS RAISED ONGOING SAFETY CONCERNS AMONG THE RESIDENTS. MY FAMILY AND OTHER FAMILIES HAVE [01:15:01] BEEN IMPACTED BY ISSUES INVOLVING TENANTS IN NEARBY MULTI-FAMILY UNITS. WE ARE ALSO DISAPPOINTED IN THE LACK OF FOLLOW THROUGH FROM THE PROPERTY OWNERS SEVERAL COM. WELL, IN ONE PRIOR REZONING, SEVERAL COMMITMENTS WERE MADE TO HIGHLAND PARK ASSOCIATION TO THE NEIGHBORS. BUT THESE PROMISES WENT UP, WERE NOT UPHELD. MR. DOMINGUEZ INVOLVEMENT IS IMPORTANT IN ENSURING THAT HIS RENTAL PROPERTY DOES NOT NEGATIVELY IMPACT THE SURROUNDING COMMUNITY. RODRIGUEZ, OH, SORRY, RODRIGUEZ. IT IS, IM, IT IS MY IMPRESSION FROM OUR CONVERSATION. HIS PRIMARY FOCUS IS ON FINANCIAL GAIN WITH LITTLE CONSIDERATION GIVING TO THE IMPACT ON THE LONG TERM RESIDENTS AND THE NEIGHBORHOOD AS A WHOLE. WHEN WE MET WITH HIM BACK IN FEBRUARY, HE MADE A COMMENT THAT STUCK WITH ME. HE SAID THAT HE CHERISHES HIS HOME AND HIS NEIGHBORHOOD AND HE LOOKS, UH, FORWARD TO GOING. I BELIEVE AS TO HIS WORKSHOP. AND THE QUIET, THE SAME HOLDS TRUE FOR OUR RESIDENTS. I UNDERSTAND THE NEED FOR AFFORDABLE HOUSING AND MULTI MULTI-HOUSING, INCLUDING PROGRAMS SUCH AS SHIP. HOWEVER, OUR AREA IS ALREADY EXPERIENCING EFFECTS OF THE INCREASED DENSITY AND FIELDS OVERWHELMING. AS MORE PROPERTIES ARE CONVERTED INTO TRIPLEXES OR HIGHER DENSITY HOUSING, IT SEEMS THAT THE NEEDS AND PROTECTION OF THE EXISTING RESIDENTS ARE ALWAYS OVERLOOKED. WE NEED PROPERTY OWNERS TO BE MINDFUL AND RECEPTIVE TO THE NEEDS OF OUR NEIGHBORHOOD, OF OUR NEIGHBORS, TO MAINTAIN THE QUALITY OF OUR COMMUNITY. I RESPECTFULLY ASK THE BOARD TO TAKE INTO, TAKE INTO SERIOUS CONSIDERATION THE GROWING DENSITY AND ITS NEGATIVE IMPACT ON OUR NEIGHBORHOOD. YES, MR. UM, RODRIGUEZ DID CHANGE HIS LEASE. UH, IT'S VERY EVASIVE THOUGH. UM, YOU KNOW, UH, WE ARE WILLING TO SIT DOWN WITH HIM AGAIN AND GO OVER SOME OF THESE THINGS SO THAT WE CAN COME TO AN AGREEMENT THAT'S GONNA BENEFIT OUR NEIGHBORHOOD. THANK YOU, MA'AM. THANK YOU. AARON REED. GOOD AFTERNOON COMMISSIONERS. I'M AARON REED. I AM THE NEIGHBORHOOD PRESIDENT OF HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, AND WE ARE A VOLUNTEER GROUP. I JUST WANNA POINT THAT OUT AND SO LIFE GETS IN THE WAY. I'M SURE YOU'VE HEARD MY TODDLER. UM, SO WE HAVE MET WITH MR. RODRIGUEZ AND OUR BOARD VOTED TO DENY HIS REQUEST FOR INCREASED TO A TRIPLEX. THE NEIGHBORS HAVE VERY, VERY STAUNCHLY EXPRESSED THEIR CONCERNS FOR PUBLIC SAFETY AND ACCESS. AS YOU JUST HEARD THE STORY, SPECIFICALLY AS MR. GARZA WHO'S UNABLE TO BE MOBILE AND COME TO THIS MEETING AS THE NEIGHBORHOOD PRESIDENT, I FELT IT REALLY IMPORTANT FOR ME TO COME AND BESEECH UPON YOU TO PLEASE EITHER VOTE IN FAVOR OF THE NEIGHBORS OR PROVIDE US WITH EXTRA TIME AND A CONTINUANCE FOR US TO POSSIBLY MEET WITH EVERY NEIGHBOR IN THAT AREA IN THE 200 BLOCK. GIVE US TIME TO GO AND TALK WITH THEM, UM, FINDING OUT WHAT THEIR SPECIFIC CONCERNS ARE, AND IF WE CAN MEET WITH MR. RODRIGUEZ AGAIN TO COME UP WITH A MORE AMENABLE SOLUTION. BUT IN THE MEANTIME, THE PUBLIC SAFETY, UM, ISSUE HAS TO BE ADDRESSED. THIS IS NOT THE ONLY MULTIPLEX IN THAT BLOCK. IT IS SEVERAL. IT'S PROBABLY THE FOURTH ONE. AND IF YOU'RE LOOKING AT THIS STREET, IT IS VERY NARROW. IF YOU GO DOWN CATON, IT STARTS PRETTY WIDE IN THE 1100 BLOCK. AND IT NARROWS UP REALLY QUICK AT THE 1200 BECAUSE OF ALL THE ON STREET PARKING. I CANNOT EXPRESS TO YOU, IF YOU HAVE NOT CALLED 9 1 1 PERSONALLY OR FOR ANY OF YOUR LOVED ONES, AS I UNFORTUNATELY HAVE HAD TO. EVERY SECOND COUNTS. WE CAN'T WASTE TIME FOR AN EEMS TO GO DOWN THE BLOCK AND COME AROUND THE CORNER AND TRY TO FIGURE OUT HOW TO GET INTO A NEIGHBORHOOD HOME TO HELP, ESPECIALLY WHEN YOU'RE DEALING WITH AN ELDERLY PERSON WHO IS ALONE. AND THAT IS THAT ONE GENTLEMAN'S SITUATION. UM, WE HAVE TIME, WE HAVE REQUESTED TO MEET WITH OUR COUNSEL REPRESENTATIVE CHRIS VILLA AS WELL, UM, TO TRY TO COME UP WITH A BETTER SOLUTION SO ALL PARTIES END UP WITH SOMETHING THEY WOULD LIKE. THANK YOU, MA'AM. THANK YOU. GREG RIPS. THAT'S GREG RIPS . I LIVE AT TWO 11 ASTER STREET IN HIGHLAND PARK. DON'T WORRY, NOT GOING TO READ THIS, BUT I BROUGHT IT TO POINT OUT THAT [01:20:01] ON A NUMBER OF OCCASIONS, THE CITY OF SAN ANTONIO HAS PROMPTED RESIDENTS TO EXPRESS THEIR VISION FOR THEIR NEIGHBORHOOD. AND HIGHLAND PARK HAS MADE IT CLEAR, AS WE DID IN THE ESSAY TOMORROW PROGRAM, THAT WE WANTED TO REMAIN PRIMARILY A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. UH, WHY BRIEFLY? BECAUSE A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD ENCOURAGES LONG-TERM RESIDENTS THAT HAVE A STAKE IN THEIR COMMUNITY AND IN THEIR NEIGHBORHOOD. IT ENCOURAGES HAVING YARDS WHERE CHILDREN CAN PLAY. IT ENCOURAGES DRIVEWAYS WHERE CARS CAN PARK RATHER THAN IN THE STREET. MULTI-FAMILY BUILDINGS ENCOURAGE EXACTLY THE OPPOSITE. NOW, WE HAVE MANY EXCEPTIONS IN HIGHLAND PARK. THERE ARE BUSINESSES, THERE ARE SMALL PLACES THAT ARE ZONE FOR BUSINESSES. UH, IN THE MIDDLE OF RESIDENTIAL AREAS, WE HAVE A NUMBER OF, OF HOUSES THAT ARE ALREADY ZONED FOR TWO OR THREE FAMILIES. WHAT WE ARE ASKING FOR TODAY IS SIMPLY TO MAINTAIN THE ZONING THAT CURRENTLY EXISTS. WE WERE APPROACHED BY MR. RODRIGUEZ AND WE MADE TIME TO MEET WITH HIM. WE ALSO INVITED HIM TO COME TO OUR MONTHLY MEETINGS. THE OFFICERS OF THIS ORGANIZATION SPEND HOURS EVERY WEEK FACING ISSUES SUCH AS CRIME, LOOSE DOGS, CLOSING SCHOOLS, AS WELL AS ZONING CASES. THAT IS NOT OUR ONLY CONCERN. WE ARE, AFTER ALL, A NEIGHBORHOOD ASSOCIATION, NOT A HOMEOWNER'S ASSOCIATION. IT IS ENTIRELY VOLUNTARY. WE ARE NOT UNREASONABLE PEOPLE. MR. RODRIGUEZ MADE IT VERY CLEAR THAT HE WOULD NOT EVEN CONSIDER DISCUSSING A COVENANT, AND THAT IS WHEN WE DECIDED WE COULD NOT SUPPORT HIS EFFORTS. WE APPRECIATE HIS CHANGE TO THE LEASE, BUT THAT IS HIS LEASE AND WE HAVE NO CONTROL OVER THAT. AND SO I SAY HIGHLAND PARK IS NOT INFILL. PLEASE DO NOT SUPPORT THIS CHANGE IN ZONING. THANK YOU. THANK YOU SIR. NOR LEAH RIPS. THANK, THANK YOU FOR ALLOWING ME TO ME TO SPEAK TODAY. I'VE BEEN MARRIED TO GREG RIPS FOR 33 YEARS. WOULD YOU INTRODUCE YOURSELF AND TELL US YOUR ADDRESS, PLEASE? WELL, I AM GONNA GET TO THAT IF YOU HOLD A SECOND, BUT HE HAS MA'AM, AND ALONG WITH I WOULD LIKE YOU TO STATE YOUR NAME AND YOUR ADDRESS. OKAY. I'M NORLAND RIPS. THANK YOU. OKAY. AND I AM A MEMBER OF THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. I'VE BEEN MARRIED TO GREG FOR 33 YEARS, AND I CAN TELL YOU HE'S BEEN MARRIED TO HIGHLAND PARK MUCH LONGER. OKAY. SO THE THING THAT GREG IS ALWAYS SAID IS THAT, UM, WE WANT PEOPLE AND THEIR FAMILIES TO BE INVESTED IN HIGHLAND PARK, NOT JUST TO MOVE IN, BECAUSE YOU CAN FIND A RENT HOUSE OR YOU CAN FIND A PARKING SPACE. AND IT IS A VERY OLD NEIGHBORHOOD. MANY OF THOSE HOMES WERE BUILT IN THE EARLY 19 HUNDREDS AND EVEN BEFORE WORLD WAR I. SO THE THING OF IT IS, IS THAT THERE'S NOT ENOUGH PARKING ON THE STREETS. AND WE CERTAINLY DON'T WANT PEOPLE PARKING IN THE ALLEYS BECAUSE MANY OF OUR ALLEYS ARE SMALL. UH, YOU COULDN'T RUN A TRUCK DOWN THOSE IF YOU WANTED TO. THE GAS, NATURAL GAS LINES ARE THERE AND EVERYTHING, AND SEWAGE AND EVERYTHING. SO IT MAKES IT EVEN HARD FOR SAWS TO GET IN THERE. SO WE DON'T WANT STUFF PUT IN AN ALLEY, JUST LIKE CODE COMPLIANCE DOESN'T. SO, BUT WHAT I'M TRYING TO GET AT IS THAT THE PEOPLE WHO LIVE IN HIGHLAND PARK THAT HAVE BEEN THERE FOR QUITE A WHILE, AND I GUESS YOU CAN SAY I'M OLD TOO. I'VE GOT THE GRAY HAIR, BUT I'M NOT AN OCTOGENARIAN YET. OKAY? BUT WE TAKE CARE OF OUR ELDERLY NEIGHBORS. WE LOOK AFTER THEM. AND THAT'S SOMETHING THAT NEEDS TO KEEP GOING IN THIS CITY. WE WANT [01:25:01] THE ELDERLY TO LIVE AT HOME WHERE THAT'S WHERE THEY'RE, THEY'VE ALWAYS BEEN FOR MANY YEARS, SO THEY NEED TO BE PROTECTED AS WELL AS, UM, THE HOUSES AROUND THEM. BUT THE BIG PROBLEM WE HAD, AND I DON'T THINK Y'ALL ARE AWARE, UH, WE HAD MANY INVESTORS THAT MOVED INTO HIGHLAND PARK. THEY MOVED INTO DENVER HEIGHTS, AND I'M SURE PROBABLY, UH, HIGHLAND HILLS AS WELL. BUT THOSE PEOPLE DID NOT PROCURE THE PERMITS THAT THEY NEEDED BECAUSE THEY DIDN'T CARE. THEY JUST WANTED TO BUILD, REDO A HOME AND SELL IT FOR $300,000 OR MORE. THAT'S CALLED GENTRIFICATION. AND WE REALLY DON'T WANT THAT HAPPENING IN OUR NEIGHBORHOOD. UH, THANK YOU. THANK YOU, MA'AM. THAT IS IF FOR PUBLIC COMMENT ON THIS ITEM. VERY GOOD. MS. RODRIGUEZ, YOU'LL HAVE A SHORT REBUTTAL. SO I WOULD LIKE TO ASK IF I MAY, MS. MS. AARON, SHE HERE? NO, SIR, YOU MAY NOT. OKAY. YOU, YOU CAN ADDRESS THE COMMISSION. OKAY. SO I WOULD, I WOULD LIKE TO HAVE KNOWN HOW MANY PEOPLE ARE ACTUALLY ON THE NEIGHBORHOOD ASSOCIATION. THERE'S 3,581 UNITS ACCORDING TO THE CENSUS BUREAU. IF 35 MEMBERS ARE IN THERE, THAT REPRESENTS 1%. I HAVE ASKED MS. AARON THROUGH AN EMAIL, HOW MANY PEOPLE REPRESENT THE NEIGHBORHOOD ASSOCIATION. I'M WILLING TO BET THAT'S THE GREAT MAJORITY OF THEM. SO THAT'S LESS THAN HALF, LESS THAN 0.5 OF 1%. THAT REPRESENTATION FOR THE NEIGHBORHOOD ASSOCIATION. OKAY, SO THEY'RE SAYING THE THE STREETS ARE SMALL. I GET IT. THAT'S WHY I MENTIONED IT. THAT'S A 1920S COMMUNITY. IT WAS BUILT LIKE SHE SAID, 1800. SO THE STREETS ARE NARROW. WE ALREADY KNOW THIS. THE PARKING, LIKE I SAID, PARKING IS LEGAL IN THE STREET. AS LONG AS YOUR CAR IS LEGALLY LICENSED, REGISTRATION AND WHAT HAVE YOU, I, THAT'S A CITY ISSUE. THAT'S NOT A RESIDENT ISSUE. THEY'RE ADDRESSING THE PARKING ISSUE TO ME. I'M JUST A GUY WHO BOUGHT A HOME TRYING TO LIVE MY LIFE. I I DIDN'T PUT MY MONEY IN THE 4 0 1, 4 0 1 KS. I PUT IT IN, IN PROPERTY, IN, IN PROPERTIES. THAT'S MY RETIREMENT PLAN, NOT THE 401K. SO THE OTHER LADY, UH, MS. AARON SAID WE WENT, WE WENT TO COME TO A SOLUTION. I DON'T EVEN SEE A PROBLEM. SO THIS IS ONE THING I THINK THEY'RE OVERLOOKING THE WAY IT'S CURRENTLY ZONED. IT'S ALREADY ZONED AND IT'S ALLOWED A DUPLEX, IT THAT'S ALLOWABLE. I'M ONLY ASKING FOR ONE MORE UNIT. NOT, IT'S NOT GOING FROM A SINGLE TO THREE. IT'S REALLY GONNA BE GOING FROM A DUPLEX TO THREE. SO THERE'S ALREADY, IT'S ALREADY ALLOWED TO DO TWO UNDER THE CURRENT ZONING ACCORDING TO MR. TREVINO FROM THE ZONING AREA ON THE OTHER SIDE OF THIS BUILDING. SO THAT'S ONE THING. THE OTHER THING IS THEY'RE ADDRESSING THE CHILDREN. THEY'VE CLOSED THREE ELEMENTARIES IN THAT AREA. SO I DON'T KNOW WHERE THE CHILDREN ARE GOING, BUT HOPEFULLY THEY'LL COME BACK SO THAT WE KNOW IT'S AN ELDERLY NEIGHBORHOOD. I'M NOT TRYING TO DISRUPT THE NEIGHBORHOOD I'VE ALREADY TOLD THERE. AND ALSO THE ALLEY, THEY'RE TALKING ABOUT AN ALLEY. MY ALLEYWAY, MY BACKYARD HAS A FENCE. THERE IS NO ENTRANCE FROM THE ALLEYWAY. SO MY TENANTS WILL NOT BE GOING THROUGH THE ALLEY. THERE'S PLENTY OF PARKING. IF YOU LOOK AT THAT SITE PLAN, I WILL INSTRUCT, AND I ALREADY HAVE THE GEN, THE LADY SAID, OH, THE PARKING, THE GUY PARKED IN THE FRONT. HE HAD JUST MOVED IN. HE WOULD, HE WAS, HE'S THE ONLY GUY THERE. HE DIDN'T EVEN KNOW WHAT'S GOING ON. AS SOON AS PEOPLE START MOVING IN, I, I'VE ALREADY TOLD HIM, I THINK HE'S PARKING IN THE DRIVEWAY NOW. SO EVERYONE WOULD BE INSTRUCTED TO PARK IN THE BACK. I KNOW THEY'RE GONNA WANNA PARK CLOSE TO THEIR DOORS. THEY'RE NOT GONNA WANNA PARK IN THE FRONT, LIKE I SAID, UNLESS YOU'RE GONNA GO GO TO THE CONVENIENCE STORE OR SOMETHING REAL, REAL QUICK AND COME BACK AND THEN THEY'LL PARK IN THE BACK. AND THERE'S ONE LAST THING I WANNA SAY. I GOT A COUPLE OF SECONDS. UH, BEXAR COUNTY IS NOT INCLUDED IN THE TEXAS PROPERTY CODE CHAPTER 2 0 4 THAT ALLOWS VOLUNTARY NEIGHBORHOOD ASSOCIATIONS TO CHANGE DEED RESTRICTIONS THROUGH A SIMPLIFIED PETITION PROCESS. VOLUNTARY NEIGHBORHOOD ASSOCIATIONS LACK THE STATUTORY POWER TO CREATE MODIFIED DEED DEEDS UNLESS THE ORIGINAL DEED IS ALREADY EXPLICIT. WHO ALLOWS FOR IT? THAT'S TEXAS CONSTITUTIONAL STATUTES.GOV. ALRIGHT, THANK YOU. AND THAT'S WHY I DO NOT WANT TO CHANGE THE DEED. THANK YOU, MR. RODRIGUEZ. THANK YOU, SIR. THE GOOD NEWS IS, THANK YOU. ANY DEED RESTRICTION AND CHANGES ARE BEYOND OUR PURVIEW. SO YOU CAN GO AHEAD AND HAVE A SEAT. THIS IS A DISTRICT THREE CASE. UM, SO COMMISSIONER HINOJOSA TO YOU FOR QUESTIONS. YES. UH, COUPLE QUESTIONS. UH, I GUESS, UH, PRESIDENT, UH, MS. UH, AARON RE CAN YOU COME UP? I HAVE A QUESTION FOR YOU WHILE SHE'S COMING UP. A QUESTION FOR STAFF. UH, YOU GUYS WERE NOT SEEKING DENIAL. CAN YOU TELL ME, UH, BASICALLY, UH, MS. MS. ANA, WHAT, WHY THE, UH, SEEKING APPROVAL FOR THIS? UM, SO THERE IS A PROPERTY AT THE CORNER ACROSS THE STREET THAT HAS THE SAME ZONING. IT'S AN R FOUR CD FOR THREE DWELLING UNITS. UH, THE PRIMARY REASON BEYOND THAT WAS THAT MUCH OF THE NEIGHBORHOOD IS A BTA R FOUR CONVERSION, INCLUDING THIS PROPERTY. SO MANY OF THESE PROPERTIES ARE ALREADY PERMITTED TO DWELLING UNITS BY RIGHT. ALSO, OH, EXCUSE ME. ALSO, SINCE THIS IS [01:30:01] A CONDITIONAL REQUEST, CAN WE INCLUDE A CONDITION TO RESTRICT TENANT PARKING TO ON-PREMISES? DO YOU KNOW THAT? I DON'T BELIEVE THAT IS SOMETHING WE COULD ENFORCE. OKAY. JUST BRINGING IT OUT THERE. UM, WHAT OTHER CONDITIONS CAN BE INCLUDED WITH THIS ORDINANCE? LIKE FENCING, UH, FENCING, LIGHTING, INGRESS, EGRESS. UM, IF YOU WANTED TO LIMIT, THERE'S AN ALLEY IN THE REAR IF YOU WANTED TO LIMIT ACCESS TO THAT. UM, OKAY. AND THEN FOR, UH, PRESIDENT, UH, REED, UM, ARE YOU GUYS WILLING TO WORK WITH THE APPLICANT TO COME TO SOME SORT OF SOLUTION IN BETWEEN? 'CAUSE WHAT I'M HEARING IS Y'ALL DON'T WANT THIS. HE DOESN'T WANT THIS. I MEAN, I WAS IN EDUCATION FOR 20 YEARS, SO THIS FITS UP RIGHT, RIGHT UP MY ALLEY. I'M, I'M JOKING, BUT, UH, ARE YOU, IS THE NEIGHBORHOOD WILLING TO WORK WITH THE APPLICANT? YES, THAT'S WHAT WE HAD. THAT'S WHY WE'RE, I WAS ORIGINALLY ASKING FOR THE CONTINUANCE SO THAT WE CAN TRY TO GET THIS BACK ON TRACK. OH, AND IF I COULD MAKE ONE COMMENT, THE UM, HOME THAT SHE JUST ADDRESSED ABOUT ON THE CORNER THAT HAD BEEN INCREASED TO A FOURPLEX, THAT'S PRETTY MUCH WHERE ALL OF THIS STARTED GOING DOWNHILL REALLY QUICKLY FOR THE 1200 BLOCK OF CATON. SO NEIGHBORS IN THAT IMMEDIATE, I WOULD EVEN SAY LESS THAN 200 FEET, ARE VERY, VERY OPPOSED BECAUSE OF WHAT HAS HAPPENED WITH 1203 CATON. AND SO THAT'S WHY WE WENT INTO OUR MEETING WITH MR. RODRIGUEZ, WITH THOSE NEIGHBORS PRESENT ASKING FOR A COVENANT, BECAUSE THAT'S WHAT HELPED THEM AT THE END OF THE CASE WITH 1203. GOT IT. THANK YOU SO MUCH. MM-HMM . UH, AND THE APPLICANT, MR. RODRIGUEZ, CAN YOU COME UP HERE AND WHILE HE'S COMING UP, STAFF OR, UH, MS. ANA, UH, R CAN YOU ANSWER ME, UM, ARE, ARE ANY DEED RESTRICTIONS OR COVENANTS UNDER OUR PREVIEW PREVIEW AS A ZONING COMMISSION? DO YOU WANNA GET THAT ON PUBLIC RECORD? NO. THANK YOU. UH, AND MR. RODRIGUEZ, UH, AGAIN, IT SEEMS TO BE, YOU KNOW, ONE SIDE AGAINST THE OTHER SIDE. ARE YOU WILLING TO WORK WITH THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION TO COME TO SOME SORT OF MEDIATION OR SOME SORT OF, NOT EVERYONE'S GONNA GET WHAT THEY'RE GONNA GET, BUT TO WORK WITH THEM? I AM, BUT I WANT TO KNOW WHAT IS THE ACTUAL PROBLEM. WHAT IS THE ACTUAL PROBLEM? THAT'S WHAT I WOULD REALLY WOULD KNOW. OKAY. THANK, THANK YOU MR. RODRIGUEZ. BECAUSE I DON'T EVEN KNOW WHAT THE PROBLEM IS. WE'RE BECOMING A SOLUTION WITHOUT WHAT THE PROBLEM. OKAY. THANK YOU MR. RODRIGUEZ. UM, AND THEN THIS QUESTION FOR, UH, STAFF. DID ANY PREVIOUS ZONING DESIGNATIONS ALLOW FOR MORE UNITS AT THIS PROPERTY IN THE PAST? SO BASICALLY, HAS ANYTHING FOR 1210 CADEN BEEN REQUESTED IN THE PAST, LIKE PREVIOUS ZONING APPLICATIONS? CORRECT. NOT TO MY KNOWLEDGE. OKAY. THANK YOU. THAT'S ALL MY QUESTIONS. I HAVE NOW FOR NOW, UH, COMM, UH, MR. UH, CHAIR. THANK YOU COMMISSIONER. HE KNOWS 'EM. UH, ANY QUESTIONS TO MY RIGHT? TO MY LEFT? ALRIGHT, UH, DO BOTH AND SIPES, UH, TO STAFF CODE AND PERMITTING HISTORY HERE. SORRY, I MAKE THAT A QUESTION. IS THERE ANY, UM, PERMITTING HISTORY ON THE CASE? ANY CODE ENFORCEMENT ISSUES IS, UM, SO PREVIOUSLY THERE WERE SOME PLUMBING, MECHANICAL, ELECTRICAL AND BUILDING INVESTIGATIONS. BUT DO, DO YOU KNOW THE CONTEXT OF THOSE, HOW THOSE AROSE, WHAT THEY WERE ABOUT? THEY'RE STILL PENDING RESOLUTION AND THEY AROSE THROUGH A COMPLAINT CAUGHT IN THROUGH 3 1 1. YEAH. DO WE HAVE ANY OTHER BACKGROUND ABOUT THOSE? WAS THAT A TENANT, A NEIGHBOR? WHAT, WHAT IS IT, WHAT'S THE CONDITION OF THE PROPERTY WITH THE, IF, IF YOU'RE ASKING ABOUT THE NATURE OF THE COMPLAINT, THAT IS PROTECTED INFORMATION. SO WE'RE NOT GONNA RELEASE WHO IT WAS OR WHAT RELATIONSHIP THEY MAY HAVE HAD TO THE PROPERTY OWNER. I SUPPOSE I, IT JUST, UM, I ALWAYS APPRECIATE HAVING THE, THE CODE AND PERMITTING HISTORY ON APPLICATIONS. 'CAUSE IT GIVES US SOME INSIGHT INTO THE CONDITION OF THE PROPERTY PROBLEMS THE PROPERTY MIGHT HAVE. UM, I UNDERSTAND THE ISSUE ABOUT CONFIDENTIALITY AND, AND THE, YOU KNOW, BUT, UM, DO, DID WE DO WE HAVE ANY INFORMATION FROM CODE ENFORCEMENT ON THE INVESTIGATION OF WHAT THEY FOUND THERE? THERE WAS A CITIZEN COMPLAINT ABOUT WORK WITHOUT A PERMIT THAT PROMPTED AN INVESTIGATION. I SEE. OKAY. SO WHAT DOES THE CURRENT ZONING ALLOW UNDER THE B TWO R FOUR? THEY CAN DO A DUPLEX OR WITH THE R FOUR THEY CAN ALSO DO A SINGLE FAMILY HOME. AND THAT, THAT'S INTERESTING. THE, THE B TO R FOUR, CAN YOU EXPLAIN THE BACKGROUND CDR BACKGROUND ON THAT? SO THAT'S A CONVERSION UNDER THE 2001 CONVERSION. SO B WAS A 19 A CODE UNDER THE 1938 [01:35:01] CODE, WHICH DID ALLOW THAT EXTRA DENSITY. SO WHEN THAT CONVERSION HAPPENED, WE HONORED THAT, GIVEN THAT THEY MEET CERTAIN REQUIREMENTS. SO AN APPLICANT WOULD BE ENTITLED BY RIGHT TO HAVE A DUPLEX ON THIS AREA? CORRECT. OKAY. BUT THEY WOULD STILL HAVE TO OBTAIN A BUILDING PERMIT TO PROCEED WITH BUILDING THE DUPLEX? CORRECT. OKAY. UM, DO WE HAVE ANY INSIGHTS FROM CODE ENFORCEMENT ON THE PENDING INVESTIGATIONS ABOUT WHAT WAS ATTEMPTING TO BE CONSTRUCTED? LIKE WERE THEY, WAS THE APPLICANT TRYING TO BUILD A DUPLEX? WERE THEY TRYING TO GO FORWARD WITH THE PROPOSED? UH, SO WE, I, I DON'T KNOW THAT OFF THE TOP OF MY HEAD, BUT I WILL SAY THAT GENERALLY IF A, UH, WORK WITHOUT PERMIT INVESTIGATION IS UM, CONDUCTED AND A VIOLATION IS FOUND, IT IS TYPICALLY PRACTICED THAT THE CODE ENFORCEMENT DIVISION WILL ALLOW THE PROPERTY OWNER TO PROCEED WITH A CHANGE OF ZONING AND WE'LL STAY OUR ENFORCEMENT ACTION PENDING THE OUTCOME OF THE CHANGE OF ZONING REQUEST. SO TO THE APPLICANT, COULD YOU PLEASE COME UP, GIVE SOME CONTEXT? YES, I CAN TELL. EXPLAIN WHAT'S GOING ON. OKAY, SO THIS IS WHAT'S GOING ON. THE LITTLE, UH, SQUARE THERE ON THE BOTTOM WAS A RESTROOM. THE WALL, THE RESTROOM, THE CEILING TO THAT RESTROOM WAS PROBABLY, UH, FIVE FOOT HIGH, MAYBE A LITTLE BIT LOWER. SO I HAD A, SOME CONSTRUCTION GUYS ELEVATE THAT ROOF BY THREE FEET BECAUSE IT CAME IN AT AN ANGLE LIKE THIS, RIGHT. AND RIGHT WHERE IT COMES DOWN IS RIGHT WHERE THE TOILET IS. SO A GROWN MAN TECHNICALLY COULD NOT REALLY USE THE TOILET OR WOMAN COMFORTABLY. SO I RAISED THAT LITTLE SECTION. I THINK IT'S UH, FIVE BY 10, SOMETHING LIKE THAT SAYS, I CAN'T REALLY SEE IT. IF YOU ZOOM IN, IT'S OH SEVEN BY 10. SO IT JUST RAISED IT THREE FEET AND THAT WAS WHAT SPURRED THE COMPLAINT FROM ONE OF MY NEIGHBORS, I BELIEVE. ONE OF MY NEIGHBORS. ANYWAY. SO YOU HAVEN'T BEGUN WORK ON ANYTHING, ANY NEW STRUCTURES. THIS WAS JUST THE EXISTING STRUCTURE? YES. EVERYTHING IS THERE IS EXISTING, SO IT'S THAT ONE UNIT IS STILL CLOSED OFF, PENDING WHATEVER HAPPENS HERE. OKAY. THANK YOU FOR THAT CLARIFICATION. YES SIR. THANK YOU. THAT'S IT FOR ME. ALRIGHT, COMMISSIONER SIPES QUESTION FOR STAFF. UM, IT WAS, UH, 1203 CLAY CA CATON WAS MENTIONED AS, UM, ONE OF THE EXAMPLES THAT WAS USED, UM, FOR, UM, AS A MULTIFAMILY, UM, IS THAT LOT BEING A CORN LOT, IS THAT A LARGER LOT THAN THIS 1210 CATON? OR ARE THEY THE SAME SIZE FROM VISUAL? IT LOOKS LIKE IT'S A, A BIGGER LOT. SO 31ST CENT, IN FACT, THAT LOT IS 9,007 50 SQUARE FEET. AND THEN THE CATON LOT IS ABOUT 7,500 SQUARE. 7,500. OKAY. SO IT'S A SIGNIFICANTLY LARGER LOT. OKAY. UM, AND I THINK THAT'S ALL THE THE, BECAUSE I DON'T THINK, I DON'T THINK Y'ALL, Y'ALL WOULD HAVE INFORMATION ON, ON, ON ROAD SIZE AND WIDTH. I MEAN, I, I, I'M LOOKING AND I CAN SEE THE SIZE, YOU KNOW, COMPARED TO OTHER ROADS, BUT I DON'T THINK Y'ALL WOULD HAVE A ACTUAL OKAY. I DIDN'T THINK SO. ALRIGHT, THAT'S ALL THE QUESTIONS I'VE GOT. UH, ALRIGHT. SECOND, GO ROUND TO THE RIGHT QUESTIONS. SEEING NONE TO THE LEFT QUESTIONS. SEEING NONE. ALRIGHT, COMMISSIONER HINOJOSA TO YOU FOR DISCUSSION AND POTENTIAL MOTION. THANK YOU CHAIR. UM, I, I THINK WE NEED TO COME TOGETHER, UH, THE NEIGHBORHOOD ASSOCIATION, THE ACA, THE APPLICANT, MR. RODRIGUEZ AND MYSELF, JUST TO KIND OF HAVE, HAVE A MEETING TO, TO, UH, MAYBE BREAK SOME BREAD AND, AND COME TOGETHER WITH A, A, A SOLUTION FOR THE NEIGHBORHOOD. HIGHLAND PARK IS A BEAUTIFUL OLD NEIGHBORHOOD, BUT I'LL, I'LL BE HONEST AND FRANK, YOU KNOW, THEY LIVE RIGHT NEXT TO WHAT SAPD CALLS THE WORST APARTMENT COMPLEX IN SAN ANTONIO. MATTER OF FACT, I THINK THERE'S A, A STATIONARY SAPD OFFICER THERE 24 7. NOW, A COUPLE WEEKS AGO THEY BURNED SOMEBODY OFF OF RIGSBY ON, ON A, ON AN EMPTY LOT. THERE ARE NO SCHOOLS, SEID OR JUBILEE IN HIGHLAND PARK. SO OUR, OUR NEIGHBORS, MY NEIGHBORS, OUR RESIDENTS ARE, ARE AFRAID. I TRULY BELIEVE THAT MR. RODRIGUEZ IS PROBABLY A GOOD LANDLORD. HE, I, WE SEE A LOT OF THEM HERE AND, AND A LOT OF 'EM LIVE OUT OF STATE OR THEY USE A PROPERTY MANAGER. HE WENT TO WHEATLEY, WHICH IS BRACK HIGH SCHOOL. HE LIVES ON THE SOUTH SIDE. THIS IS HIS, HIS LIVING. I, I THINK WE CAN FIND A SOLUTION. UH, WE JUST NEED TO COMMUNICATE. UM, SO I WOULD LIKE TO MAKE A MOTION TO CONTINUE THIS FOR FOUR WEEKS SO THAT WE CAN HAVE TIME TO MEET WITH THE, UH, UH, NEIGHBORHOOD ASSOCIATION. AND, AND MR. RODRIGUEZ, THERE IS A MOTION FOR CONTINUANCE FOR FOUR WEEKS [01:40:01] TO THE MAY 5TH MEETING. IS THERE A SECOND? I'LL SECOND IT. SECOND BY COMMISSIONER PETE RODRIGUEZ. UH, DISCUSSION TO MY RIGHT. SEEING NONE. DISCUSSION TO MY LEFT. YES. COMMISSIONER SIPES. COMMISSIONER DUBEL NEXT. NO, I I'M GLAD THAT YOU, UH, MOTION FOR A CONTINUANCE. UM, BECAUSE AT THIS POINT I COULD NOT SUPPORT THE, THE CURRENT MOTION, UH, OR, OR, SORRY, NOT THE CURRENT MOTION, THE CURRENT PROPOSAL. UM, SO HOPEFULLY SOMETHING IN THE NEXT FOUR WEEKS WILL, WILL HAPPEN. ALRIGHT, VERY GOOD. COMMISSIONER BEL. SOUNDS LIKE THERE'S GONNA BE VOTES FOR CONTINUANCE. UH, BUT I DID JUST WANT TO EXPRESS, UM, I, IT IT WEIGHS ON ME VERY HEAVILY TO HAVE THE NEIGHBORHOOD ASSOCIATION COMING OUT. SO OPPOSED TO THE PROJECT, UM, IT'S, EVEN THOUGH WE'RE A GROWING CITY, IT'S IMPORTANT THAT WE MAINTAIN THE CHARACTER OF NEIGHBORHOODS WHEN PEOPLE MOVE INTO IT, WHEN, WHERE WE NOT CHANGE, SIR, SORRY. THANK YOU. THE PUBLIC HEARING IS CLOSED. SO IT, IT'S IMPORTANT THAT WE'RE ABLE TO MAINTAIN, ESPECIALLY NEIGHBORHOODS THAT ARE ESTABLISHED, SINGLE FAMILY AND AREAS THAT AREN'T IN TRANSITION. UM, PART OF THE ISSUE WITH CLUSTER, UH, CLUSTER DEVELOPMENT PATTERNS, UM, IS BY NOT HAVING A GRADIENT, RIGHT? THE CLOSER YOU ARE TO DOWNTOWN, THE HIGHER DENSITY YOU HAVE AS YOU MOVE OUT, DENSITY DECREASES. UM, AND BY JUST HAVING HAPHAZARD DENSITY ACROSS THE CITY, UH, I THINK THAT'S WHERE YOU ACTUALLY RUN INTO A CLUSTER SITUATION. UM, BUT WITH THAT, LET'S, LET'S SEE WHAT THE, UH, UM, THE APPLICANT AND THE NEIGHBORHOOD ASSOCIATION AND, AND UH, UH, COMMISSIONER ARE ABLE TO, TO RESOLVE AND SEE IF WE CAN COME TO AN AGREEMENT. ALRIGHT, THANK YOU SO MUCH. UM, ALRIGHT. THE MOTION. OH, SORRY. OH, I AM SO SORRY. IT'S OKAY. COMMISSIONER LAWS. I KNOW I'M RIGHT HERE. IT'S HARD TO SEE . UM, I, I JUST WANTED TO, UM, RESPOND TO SOME THINGS. I WILL BE SUPPORTING THE CONTINUANCE. I THINK IT'S ALWAYS GOOD TO DISCUSS WITH NEIGHBORS. I JUST WANNA MAKE SOME NOTES. THERE ARE A LOT OF COMMENTS MADE FROM NEIGHBORHOOD ASSOCIATION MEMBERS OR JUST NEIGHBORS ABOUT PROPERTY VALUE. AND I WORK IN HOUSING AND JUST WANNA SET THE RE RECORD STRAIGHT SINGLE FAMILY HOMES. BEING NEXT TO MULTI-FAMILY HOMES DOES NOT DECREASE PROPERTY VALUE. IT ACTUALLY INCREASES IT OR DOES NOT AFFECT AT ALL. UM, I HEARD A LOT OF COMMENTS AROUND LIKE, RENTERS BRINGING CRIME OR TAKING, UH, CHILDREN AWAY FROM SCHOOLS OR MAYBE BEING PUBLIC SAFETY ISSUES AND THERE'S NO ACTUAL EVIDENCE AROUND THAT. SO AS LONG AS THE CONVERSATIONS AREN'T CENTERED AROUND THAT, I HOPE YOU GUYS HAVE VERY PRODUCTIVE CONVERSATIONS AROUND WHAT UM, A DUPLEX CAN BRING OR A TRIPLEX CAN BRING TO YOUR NEIGHBORHOOD. BUT I JUST WANNA GET ON RECORD AGAINST THE NEGATIVE PROPERTY VALUE 'CAUSE THAT'S NOT, UM, BACKED BY ANYTHING. BUT I AM GONNA BE SUPPORTING A CONTINUANCE. I THINK TALKING IS GREAT. ALRIGHT. AS, YEAH. OKAY. YES. COMMISSIONER HUEY. THANK YOU MR. CHAIR. UM, MY FEELINGS WERE SIMILAR TO COMMISSIONER, COMMISSIONER SIPES. SO I'M GLAD THAT, UM, THERE IS A MOTION FOR CONTINUANCE BECAUSE I WOULD NOT HAVE BEEN ABLE TO SUPPORT THE, UM, APPLICATION AS IT WAS VERY GOOD. UH, AS A RENTER, I SUPPORT THE CONTINUANCE. UH, MY CRIMINAL DAYS ARE BEHIND ME, , UH, ANYWAY, THEY DIDN'T REALLY EXIST. ALRIGHT, THE MOTION IS FOR A CONTINUANCE TO, UH, MAY 5TH, UH, BY COMMISSIONER HINOJOSA WITH THE SECOND BY COMMISSIONER PETE RODRIGUEZ. UH, ROLL CALL VOTE PLEASE. COMMISSIONER NOOSA? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER KELLUM? YES. COMMISSIONER LO? YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER VO AYE. COMMISSIONER? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, WE'LL SEE YOU IN FOUR WEEKS. WE ARE MOVING ON TO ITEM NUMBER 15 PLEASE. CAN WE TAKE A BREAK? UH, YOU WANNA TAKE A BREAK? YEAH. ALRIGHT. ACTUALLY, I'M SORRY. UH, WE WILL TAKE A QUICK SEVEN MINUTE BREAK. AT THIS POINT WE WILL RETURN AT APPROXIMATELY 2 51 AND WE WILL BEGIN WITH ITEM NUMBER 15. THANK YOU SO MUCH. THANK YOU MR. CHAIR. SORRY. ALRIGHT. LADIES AND GENTLEMEN, THE TIME IS 2 54 AND THIS MEETING OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO IS BACK IN SESSION. ITEM 15 PLEASE. GOOD AFTERNOON. ALEXA RATANA ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 15 IS LOCATED AT 1 2 7 1 9 SPECTRUM DRIVE GOING FROM C3 R, GENERAL COMMERCIAL RESTRICTIVE ALCOHOLIC SALES DISTRICT AND I ONE GENERAL INDUSTRIAL DISTRICT TO C3 GENERAL COMMERCIAL DISTRICT WITH ALL OVERLAYS [01:45:01] STAYING THE SAME. THERE WERE 24 NOTICES SENT OUT. ZERO IN FAVOR, FIVE OPPOSED WITHIN 200 FEET. AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN THE 200 FEET. THE EXISTING C3 R GENERAL COMMERCIAL RESTRICTIVE ALCOHOLIC SALES DISTRICT AND I ONE GENERAL INDUSTRIAL DISTRICT ARE APPROPRIATE ZONINGS FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED C3 GENERAL COMMERCIAL DISTRICT PROPOSES GENERAL COMPATIBLE COMMERCIAL USES. APART FROM THOSE RELATED TO THE ON-PREMISES CONSUMPTION OF ALCOHOL. WHILE THE REQUEST WOULD BE AN OVERALL DOWN ZONING OF THE PROPERTY, THE CHANGE TO C3 WOULD INTRODUCE POTENTIAL NUISANCE USES SUCH AS A BAR SLASH TAVERN. THE PROPERTY SITUATED AT THE EDGE OF A BUSINESS INDUSTRIAL PARK AND ABUTS AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD. THERE IS AN EXISTING BUFFER ZONE OF C3 R BETWEEN THE RESIDENTIAL NEIGHBORHOOD AND INDUSTRIAL PARK. USES THE REQUESTED ZONING DISTRICT WOULD ELIMINATE THIS BUFFER AND POTENTIALLY INTRODUCE USES NOT CHARACTERISTIC OF THE AREA. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR C3 R. GENERAL COMMERCIAL RESTRICTIVE ALCOHOLIC SALES DISTRICT. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND AS I KNOW IT, AMEND THE REQUEST. ALRIGHT, VERY GOOD. IF WE COULD HAVE THE APPLICANT OR APPLICANT'S REPRESENTATIVE, PLEASE SIR, IF YOU WOULD INTRODUCE YOURSELF AND STATE YOUR ADDRESS AND THEN TELL US ABOUT YOUR REQUEST. UM, MY NAME'S GLENN GEYSER. I'M THE OWNER OF 1 2 7 1 9 SPECTRUM COMMERCIAL PROPERTY. UM, IT'S OWN C3 R IN THE BACK. I WENT UP IN THE FRONT SOME TENANTS THAT WERE LOOKING AT THE PROPERTY, UM, DIDN'T QUALIFY FOR THAT TYPE OF ZONING, SO WE WENT WITH A C3 AND SINCE THEN THAT TENANT'S GONE AWAY. IT WAS AN ADULT DAYCARE CENTER. UM, SO NOW WE'RE JUST GONNA BE HAPPY WITH A C3 R IF WE CAN MAKE IT FROM FRONT TO BACK. ALL C3 R. OKAY. WE HAVE NO INTENTIONS OF ALCOHOL, SALES OR CONSUMPTION OR ANYTHING LIKE THAT. VERY GOOD. UH, MR. GEISER, JUST SO I CAN GET IT ON THE RECORD BEFORE MY QUESTIONS OR SORRY, EVEN BEFORE COMMISSIONER KELLY'S QUESTIONS, UH, YOU ARE AMENDING TO C3 R? YES SIR. OKAY, THANK YOU. UH, IS THERE ANY PUBLIC COMMENT? YES, WE HAVE PUBLIC COMMENT. JAIME PEREZ. ALRIGHT, MR. PEREZ AFTERNOON HERE. YEAH, MY NAME IS JAMIE PETS. I LIVE AT 59 0 6 ELK RIDGE. IT'S RIGHT BEHIND THE PROPERTY IN QUESTION. AND DID I HEAR THAT THE GENTLEMAN SAID THEY'RE DROPPING THE ALCOHOL? YES SIR. SO THEY'RE GONNA KEEP THE, THE R THREE, THE RC THREE RC THREE R SO THE RESTRICTION IS THERE AND NOT GONNA BE REMOVED. CORRECT. THAT IS ANOTHER THING I NEEDED TO KNOW. SO I DO APPRECIATE IF THEY ARE DROPPING THAT IT'S JUST GONNA REMAIN THE WAY IT HAS BEEN. CORRECT. OKAY. THEN I AM PERFECTLY HAPPY WITH THE WITHDRAWAL OF THE POSSIBILITY OF HAVING ALCOHOL ON THE OTHER SIDE OF MY FENCE. ALRIGHT, THANK YOU MR. MR. PET SUSAN STENY. I'M SUSAN STEINKE AND I LIVE AT 59 10 ELK RIDGE. UM, AND THAT'S WHAT I'M WANTING TO, IT'S THE DROP. WELL, THANK YOU SO MUCH MS. THANK YOU. THANK YOU. THANK YOU FOR COMING DOWN. ANY FURTHER PUBLIC COMMENT? THAT IS IT COMMENT? ANY REBUTTAL? MR. GEISER? DOESN'T SEEM LIKE IT'S NECESSARY. UH, ALRIGHT. THIS IS A DISTRICT EIGHT CASE COMMISSIONER KELLY TO YOU FOR QUESTIONS. I THINK WE'VE TALKED THROUGH THE ISSUES AND MR. GEYSER'S HAS BEEN VERY COOPERATIVE IN THIS DISCUSSION. AND AT THIS POINT I DON'T HAVE ANY FURTHER QUESTIONS. ALRIGHT. ANY QUESTIONS TO MY LEFT? COMMISSIONER BEL? UH, JUST IF, IF THE, UH, APPLICANT'S AMENDING THE APPLICATION TO KEEP THE R WHAT, WHAT'S THE REQUEST? WHAT, WHAT'S THE CHANGE? WHAT'S THE NEED FOR THE APPLICANT WAS ORIGINALLY REQUESTING C3, UH, AND THE AMENDMENTS TO C3 R, WHICH IS THAT ALCOHOL RESTRICTION. RIGHT. BUT ISN'T THAT THE CURRENT ZONING? IT WAS, IT'S, I WON NC THREE R CURRENTLY. AH, GOT IT. THANK YOU. OKAY. THAT'S IT. ALRIGHT, THANK YOU SO MUCH. ANY QUESTIONS TO MY RIGHT? ALRIGHT, VERY GOOD. COMMISSIONER KELLY TO YOU FOR DISCUSSION AND POTENTIAL MOTION. ALRIGHT, I, UH, I THINK AT THIS POINT WE'LL JUST MAKE IT QUICK AND EASY AND SAY THAT I MOVE THAT WE ACCEPT THE C3 R ZONING FOR THE ENTIRE PROPERTY. SO MOTION IS FOR APPROVAL AS AMENDED. CORRECT, SIR? CORRECT. ALRIGHT. IS THERE A SECOND? SECOND. ALRIGHT. SECOND BY COMMISSIONER KELLUM DISCUSSION TO MY LEFT. SEEING NONE. DISCUSSION TO MY RIGHT. SEEING NONE. ALRIGHT. THE MOTION IS FOR APPROVAL OF ITEM NUMBER 15 AS AMENDED WITH C3 R FOR THE ENTIRE PROPERTY BY COMMISSIONER KELLY. SECOND BY COMMISSIONER KELLUM. ROLL CALL, VOTE PLEASE. COMMISSIONER KELLY? YES. COMMISSIONER [01:50:01] KELLUM? YES. COMMISSIONER LO? YES. COMMISSIONER NOOSA? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER VE AYE. COMMISSIONER WITSON? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, THANK YOU ALL SO MUCH. YOU HAVE SIX MONTHS TO GO TO COUNCIL. ALRIGHT, NEXT ITEM PLEASE. GOOD AFTERNOON. COMMISSIONERS GOMEZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 19 IS LOCATED AT 1115 EAST EUCLID AVENUE REQUESTING, SORRY, GOING FROM R SIX RESIDENTIAL SINGLE FAMILY DISTRICT TO IDZ ONE WITH USES PERMITTED IN NEIGHBORHOOD COMMERCIAL AND TWO DWELLING UNITS. THOSE 54 NOTICES SENT OUT TO IN FAVOR. THREE OPPOSED THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION. SO JOE CROSSING HOMEOWNERS ASSOCIATION, SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION GAVE NO RESPONSE. SETH HAS FOUND LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH SAFETY OR WILL FOR, FOR THIS REQUEST. THE EXISTING R SIX RESIDENTIAL SINGLE FAMILY ZONING DISTRICT IS AN APPROPRIATE, UM, DESIGNATION FOR THIS PROPERTY AND SURROUNDING AREA. THE PROPOSED IDZ ONE LIMITED INTENSITY INFILL DEVELOPMENT ZONE WITH USE OF PERMITTED IN NEIGHBORHOOD COMMERCIAL DISTRICT IS NOT APPROPRIATE. MAINTAINING THE CURRENT RESIDENTIAL DESIGNATION ENSURES THE LONG-TERM SUITABILITY STABILITY OF HOUSING STOCK ON THIS BLOCK. A TRANSITION TO NC NEIGHBORHOOD COMMERCIAL WOULD PERMIT INFILL DEVELOPMENT THAT CONTRIBUTES TO THE CONTINUED EROSION OF THIS SWINDLING RESIDENTIAL POCKET. ALTHOUGH THE INTENT OF THE NEIGHBORHOOD COMMERCIAL DISTRICT IS TO PROVIDE LOCALIZED SERVICES, GRANTING THIS REQUEST WOULD FURTHER ENFORCE COMMERCIAL ENCROACHMENT INTO THIS AREA. THE NC NEIGHBORHOOD COMMERCIAL DISPROPORTION OF THIS REQUEST COULD CONFLICT WITH, I'M SORRY, WOULD CONFLICT WITH THE STRATEGIC HOUSING IMPLEMENTATION PLAN TO STABILIZE HOUSEHOLDS BY PRESERVING OUR EXISTING AFFORDABLE HOUSING STOCK AND CREATING NEW AFFORDABLE OPTIONS. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH. IF WE COULD HAVE THE APPLICANT'S REPRESENTATIVE PLEASE. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 15 EAST COMMERCE SUITE 3 0 4. UM, AND I APOLOGIZE, I I MIGHT KIND OF TALK ABOUT THIS CASE IN THE NEXT ONE A LITTLE BIT INTERCHANGEABLY. THE SAME OWNERS, SAME EXACT ZONING REQUEST, UH, OF WHAT WE'RE, WHAT WHY WE'RE HERE. UM, SO BOTH OF THESE HOMES ARE, ARE VERY SMALL. THE, THE ONE ON EUCLID IS JUST OVER A THOUSAND SQUARE FEET. THE ONE ON MYRTLE IS JUST OVER 800 SQUARE FEET. AND THE, THE OWNER WHO'S OWNED THESE FOR A LONG TIME HAS LIVED IN THEM, OR AT LEAST IN ONE OF THEM, UM, IS HAVING A VERY DIFFICULT TIME EVEN RENTING THESE, THESE, UH, HOUSES BECAUSE THE PROPERTY TAXES HAVE GONE UP SO MUCH JUST BECAUSE OF EVERYTHING THAT'S GOING ON WITH THE PEARL. RIGHT. ALMOST CATTYCORNER. AND I'LL SHOW YOU THAT HERE IN A MINUTE. UM, EVEN WITH A RENTER WHO'S HAVING TO SUPPLEMENT THE MORTGAGE PAYMENT BECAUSE OF THE TAXES. OKAY, SO THESE ARE THE TWO PROPERTIES. THIS IS EUCLID. THIS IS MYRTLE. THIS PROPERTY RIGHT HERE IS A BLOCK THAT'S OWNED BY THE PEARL. THEY'RE CURRENTLY USING AS A STAGING AREA FOR SOME OF THE CONSTRUCTION THEY'RE DOING. UM, THIS RIGHT HERE IS A, A CONDOMINIUM DEVELOPMENT. WE HAVE A NEXT SLIDE PLEASE. UM, THAT WELL BACK. I'M SORRY, BACK TO THE LEFT. SORRY. UH, A CONDOMINIUM DEVELOPMENT AND, YOU KNOW, I SPOKE TO THEIR PRESIDENT. HE'S A FRIEND, FORMER CLIENT. THEIR ISSUES THAT THERE'S , THERE'S UH, THERE'S NO STREET PARKING. WELL THERE'S NO STREET PARKING BECAUSE THEY'RE TAKING ALL THE STREET PARKING. SO IT'S KIND OF ONE OF THOSE, WE'RE HERE FIRST. WE DON'T WANT ANYONE ELSE TAKING UP ANY OF THE PARKING. YOU JUST APPROVED THIS CASE RIGHT HERE AT THE CORNER A FEW WEEKS AGO FOR IDZ ONE. NOW WHAT WE'RE ASKING FOR IS IDZ ONE WITH, UH, NEIGHBORHOOD COMMERCIAL USES AND TWO DWELLING UNITS. NOW, I'LL, I'LL EXPLAIN WHY WE'RE DOING THAT AND I'LL KIND OF TIE BACK INTO YOUR PREVIOUS IDZ CONVERSATION. UM, IT'S A LITTLE DIFFICULT TO FIGURE OUT WHAT TO ASK FOR IN THESE KIND OF SITUATIONS. YOU KNOW, YOU THINK, WELL IT'S R SIX, MAYBE I ASKED FOR R SIX CD FOR A CONDITIONAL DISTRICT, THEN MAYBE STAFF WILL RECOMMEND SUPPORT. I'M NOT COMMERCIAL ENCROACHING TOO MUCH, BUT THE PROBLEM WITH THE CONDITIONAL DISTRICT IS YOU CAN ONLY PULL DOWN ONE. SO THIS PROPERTY, UH, WE WERE APPROACHED BY A GENTLEMAN THAT WOULD LIKE TO DO A VINTAGE RECORD STORE AND THEN MAYBE SELL SOME COFFEE. NOW I WOULD CONSIDER THAT A RETAIL USE, BUT WHAT IF SOMEBODY WANTS TO COME IN AND DO AN OFFICE? THEN HE IS GOTTA GO THROUGH THIS WHOLE REZONING PROCESS AGAIN. AND HE WOULD STILL LIKE TO DO, UH, UM, HAVE THE ABILITY TO DO RESIDENTIAL DEVELOPMENT JUST IN CASE THE MARKET CHANGES. HE CAN CHARGE MORE RENT, THEN IT'S CHEAPER FOR HIM TO TRY TO JUST KEEP IT RESIDENTIAL THAN TRYING TO CONVERT IT TO A RETAIL OR OFFICE TYPE OF USE. SO WE ASK FOR THE IDZ, THEN WITH THE IDZ, YOU'RE LIKE, WELL, OKAY, I WISH YOU COULD ASK FOR IDZ TOO BECAUSE AT LEAST THEN YOU'D HAVE TO HAVE A 50% PARKING REQUIREMENT. BUT OUR USES AREN'T INTENSE ENOUGH. OUR PROPERTY'S NOT BIG ENOUGH TO, TO QUALIFY US FOR RIDE Z TWO. SO WE ASKED RIDE Z ONE. AND THEN THE ISSUE IS, WELL YOU'RE JUST TRYING TO GET OUT OF THE PARKING. YOU [01:55:01] KNOW, BUT REALLY WHAT WE'RE TRYING TO DO HERE IS JUST ALLOW HIM A LITTLE FLEXIBILITY, UM, DUE TO THE CIRCUMSTANCES AROUND HIM, YOU KNOW, THE PEARL BASICALLY, AND, AND CONDIMENT DEVELOPMENTS ACROSS THE STREET THAT HAVE CHANGED HIS CIRCUMSTANCES WHERE IT'S REALLY JUST NOT FEASIBLE TO HAVE A SINGLE FAMILY HOME THERE ANYMORE. UM, NEXT SLIDE. SO ACTUALLY, YOU KNOW, WE HAVE TWO PARKING SPACES OUT FRONT. WE THINK WE CAN DO A THIRD AND I'LL PROBABLY AMEND THE SITE PLAN TO SHOW THAT BEFORE WE GET TO COUNCIL. UM, THE, SO WE CAN DEFINITELY PARK IF WE DO RETAIL, IT'S ONE SPACE PER 300. IT'S AN 800 SQUARE FOOT STRUCTURE. WE'LL HAVE TO HAVE THREE PARKING SPACES. WE THINK WE CAN MEET THAT. WE COULD EVEN MEET THE CODE. BUT AGAIN, WE'RE ASKING FOR THE ID Z ONE SO WE COULD HAVE THE FLEXIBILITY TO SWITCH BACK AND FORTH BETWEEN A, A LIGHT COMMERCIAL USE AND, AND SINGLE FAMILY. AND NEXT SLIDE PLEASE. SO, UH, THE OWNER DID BLOCK WALK THE NEIGHBORHOOD. HE KNOWS ALL OF HIS NEIGHBORS. UM, AND WE DID GET SUPPORT FROM, FROM THE IMMEDIATE NEIGHBORS. I DID REACH OUT TO TOBIN HILL. I DON'T KNOW WHY THEY HAVE NOT RESPONDED. UM, AND I OF COURSE SPOKE TO THE CONDOMINIUM ASSOCIATION, SOJO COMMONS ACROSS THE STREET AND I GUESS THEY DIDN'T SEND IN AN OPPOSITION THAT I KNOW OF. SO THAT'S REALLY IT, THAT THAT'S THE REQUEST. I WOULD RESPECTFULLY REQUEST YOUR SUPPORT. IT WOULD REALLY HELP OUT THE HOMEOWNER AND I THINK IT WILL HELP OUT THE NEIGHBORHOOD TO HAVE A LITTLE BIT MORE FLEXIBILITY AND USES. DO YOU HAVE ANY QUESTIONS? I'M HAPPY TO ANSWER THOSE. THANK YOU. THANK YOU SO MUCH. IS THERE ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. YOU GET NO REBUTTAL. ALRIGHT, UH, COMMISSIONER KELLUM TO YOU FOR QUESTIONS. I DON'T HAVE ANY QUESTIONS. ALL RIGHT. ANY QUESTIONS TO MY LEFT, TO MY RIGHT. ALL COMMISSIONER KELLUM TO YOU FOR DISCUSSION AND POTENTIAL MOTION? UH, I THINK IT'S A, A GOOD PLAN. I THINK IT'S A GOOD, UM, USE OF THE, UM, PROPERTY. I, I LIKE THE FLEXIBILITY TO MAINTAIN THE, UM, HOUSING STOCK. AND SO MY MOTION IS FOR APPROVAL. ALL RIGHT. THERE'S A MOTION FOR APPROVAL OF ITEM NUMBER 19 WITH A SECOND BY SECOND. COMMISSIONER ETT. SORRY, SHOULD HAVE SAID, IS THERE A SECOND? BUT CLOSE ENOUGH. ALRIGHT. UH, DISCUSSION TO MY LEFT? YES. COMMISSIONER DUO AND THEN COMMISSIONER LOAF. UH, WE HAD MENTIONED BEFORE PLACES IN TRANSITION. THIS IS DEFINITELY A PLACE IN TRANSITION. I FIND IT REALLY INTERESTING TO LEARN, UH, THAT THESE EXISTING HOUSING STOCK ARE NOT RENTABLE AT MARKET WITH THE PROPERTY TAXES. THAT TO ME IS A SCREAMING SIGN OF A, AN AREA IN TRANSITION. I I DO NOT, THIS IS NOT AFFORDABLE HOUSING. IT CANNOT BE AFFORDABLE HOUSING 'CAUSE THE MARKET WILL NOT BEAR IT. UM, SO WITH THAT I'LL BE SUPPORTING THE MOTION, UM, TO UH, ALLOW THE IDZ COMMISSIONER LAWS. YEAH, THANKS FOR THE PRESENTATION. UM, PRETTY FAMILIAR WITH THE AREA. I KNOW WE JUST REZONED THAT OTHER PARCEL RIGHT UP THERE. UM, I JUST WANTED TO SAY I'M A LITTLE CONFLICTED ON THIS. I WILL BE SUPPORTING IT. I'M CONFLICTED JUST BECAUSE I DON'T LOVE THE IDEA OF TAKING UNITS OF HOUSING OFFLINE WHEN WE DON'T NEED TO. BUT I DO AGREE WITH COMMISSIONER DUVAL, WHICH IT'S A VERY TRANSITIONING AREA. IT'S DEFINITELY NOT AFFORDABLE. IT WILL NOT BE AFFORDABLE. UM, AND SO I JUST HAVE A LITTLE BIT OF PAUSE 'CAUSE IT'S AGAINST SHIP AND KIND OF HAS THAT UM, THAT CONTRADICTION. BUT I DO THINK IT'S A GOOD USE TO TRANSITION IT, ESPECIALLY IF YOU CAN'T GET RENT FOR THE, FOR THE UNIT AS IS. SO I'LL BE SUPPORTING THE MOTION. ALRIGHT, ANY FURTHER? UM, DISCUSSION TO MY LEFT. SEEING NONE DISCUSSION TO MY RIGHT. SEEING NONE. ALRIGHT. UM, I THINK I WOULD WANT TO POINT OUT THAT THERE IS STILL A USE FOR TWO DWELLING UNITS AVAILABLE. CORRECT? SO THAT IS, UM, SOMETHING THAT DOES ALLAY SOME OF THE FEARS I HAVE REGARDING TAKING HOUSING STOCK OFFLINE. UM, BUT THE FLEXIBILITY IS EXACTLY WHAT IDZ WAS FOR, SO I'LL BE SUPPORTING THE MOTION AS WELL. ALRIGHT, THE MOTION IS FOR APPROVAL OF ITEM NUMBER 19 BY COMMISSIONER KELLUM WITH THE SECOND BY COMMISSIONER ETT ROLL CALL. VOTE PLEASE. COMMISSIONER KELLUM? YES. COMMISSIONER WITS? YES. COMMISSIONER EF? YES. COMMISSIONER OSA? YES. COMMISSIONER PETE RODRIGUEZ? YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER ELL. AYE. COMMISSIONER PANNA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, VERY GOOD. ALRIGHT, NEXT ITEM PLEASE. ITEM NUMBER 20 IS LOCATED AT SEVEN 60 EAST MYRTLE REQUESTING IT, IT'S GONNA BE THE SAME REQUEST BUT I'M GONNA GO THROUGH THE MOTIONS FOR THE RECORD. GOING FROM R SIX RESIDENTIAL SINGLE FAMILY DISTRICT TO IDZ ONE WITH USES PERMIT IN NEIGHBORHOOD COMMERCIAL AND TWO DWELLING UNITS. THERE WERE 55 NOTICES SENT OUT. SEVEN IN FAVOR. THREE OPPOSED OUTSIDE 200 FEET. ONE IN FAVOR, ZERO OPPOSED THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION. SO JOE CROSSING HOMEOWNERS ASSOCIATION IN SAN ANTONIO, TEXAS DISTRICT ONE RESIDENCE [02:00:01] ASSOCIATION GAVE NO RESPONSE. STAFF HAS FOUND LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH, SAFETY OR WELFARE BASED ON THIS REQUEST. THE EXISTING R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS INAPPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA. THE PROPOSED IDZ ONE WITH USE OF PERMITTED NEIGHBORHOOD COMMERCIAL AND TWO DWELLING UNITS NOT APPROPRIATE. MAINTAINING THE CURRENT RESIDENTIAL DESIGNATION ENSURES THE LONG-TERM SUITABILITY OF THIS BLOCK A TRANSITION TO THE NEIGHBORHOOD COMMERCIAL WOULD PERMIT INFILL DEVELOPMENT THAT CONTRIBUTES TO THE CONTINUED EROSION OF THIS DWINDLING RESIDENTIAL POCKET. ALTHOUGH THE INTENDED THE INTENT OF NEIGHBORHOOD COMMERCIAL DISTRICT IS TO PROVIDE LOCALIZED SERVICES GRANTING THIS REQUEST WITH FURTHER ENFORCE THE COMMERCIAL ENCROACHMENT INTO THE AREA, THE NEIGHBORHOOD COMMERCIAL DISTRICT PORTION OF THIS REQUEST WITH CONFLICT WITH THE STRATEGIC HOUSING IMPLEMENTATION PLAN TO STABILIZE HOUSING BY PRESERVING OUR EXISTING HOUSING STOCK. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU SO MUCH. THE APPLICANT'S REPRESENTATIVE, PLEASE. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 15 E COMMERCE SUITE 3 0 4. UM, I'LL START OUT BY SAYING BEFORE YOU THINK I'M CRAZY, THE REASON WHY WE DID THESE IS TWO CASES IS THAT THEY ACTUALLY WERE TWO DIFFERENT REQUESTS, BUT IN WORKING WITH STAFF, WE FOUND OUT THAT ONE OF THOSE WOULD REQUIRE A PLAN AMENDMENT AND WE DIDN'T FEEL THAT THIS CASE WARRANTED THAT TYPE OF PROCESS. SO WE AMENDED THE REQUEST AND NOW THEY'RE BASICALLY THE SAME. BUT I WOULD JUST REITERATE WHAT I SAID BEFORE. UM, THIS PROPERTY, HE WAS APPROACHED BY A SMALL ARCHITECTURE FIRM WITH THREE PEOPLE, UM, THAT WOULD LIKE TO LOCATE THERE. SO THAT'S WHY WE'RE ASKING FOR THE NEIGHBORHOOD COMMERCIALS THAT WILL ALLOW PROFESSIONAL OFFICE. THIS PROPERTY HAS, UM, YOU KNOW, A PRETTY LARGE BACKYARD. HE COULD DEFINITELY PARK SOME CARS BACK THERE AND IN THE DRIVEWAY AND WE THINK WE WON'T BE AFFECTING STREET PARKING. BUT YOU KNOW, AS I SAID, IN TALKING WITH THE NEIGHBORS, THEY'RE SUPPORTIVE. THEY, THEY'RE KIND OF IN THE SAME BOAT. UM, BUT AGAIN, REQUEST YOUR SUPPORT AND HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU SO MUCH MR. CHRISTENSEN. ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. ALRIGHT, VERY GOOD. COMMISSIONER KELLUM, THIS IS A DISTRICT ONE CASE TO YOU FOR QUESTIONS. NO QUESTIONS, CHAIR. ALRIGHT, ANY QUESTIONS TO MY LEFT? SEEING NONE, ANY QUESTIONS TO MY RIGHT? SEEING NONE. COMMISSIONER KELLUM TO YOU FOR DISCUSSION AND POTENTIAL MOTION. UM, FOR ALL THE SAME REASONS WE TALKED ABOUT BEFORE. UH, I MAKE A MOTION FOR APPROVAL. THERE IS A MOTION FOR APPROVAL. IS THERE A SECOND? I CAN DO THAT. LET'S DO IT. . HERE WE GO. . ALRIGHT. UM, , THE MOTION IS FOR APPROVAL. I'M 20 BY COMMISSIONER KELLUM WITH A SECOND BY COMMISSIONER WITT. UH, DISCUSSION TO MY LEFT. SEEING NONE. DISCUSSION TO MY RIGHT. SEEING NONE. ALRIGHT. AGAIN, THE MOTION IS FOR APPROVAL OF ITEM 20 BY COMMISSIONER KELLUM WITH A SECOND BY COMMISSIONER WITT. ROLL CALL. VOTE PLEASE. COMMISSIONER KELLUM? YES. COMMISSIONER WITT. YES. COMMISSIONER? YES. COMMISSIONER NOOSA. YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER VILLE. AYE. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, WE'RE NOW GONNA MOVE ON TO ITEM NUMBER 21 PLEASE. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS JOEL PAULUS, ZONING PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 21 IS LOCATED AT 1315 BASSI ROAD GOING FROM C TWO COMMERCIAL DISTRICT TO C3 GENERAL COMMERCIAL DISTRICT WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 39 NOTICES SENT OUT. ONE IN FAVOR, ZERO OPPOSED WITHIN 200 FEET. NORTH CENTRAL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. SHERRA HILLS RIDGEVIEW NEIGHBORHOOD ASSOCIATION IN SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION GAVE NO RESPONSE. STAFF DOES FIND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST. THOUGH THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA, IT IS NOT ALIGNED WITH THE USES PERMITTED IN THE FUTURE LAND USE PLAN, WHICH SUPPORTS NEIGHBORHOOD, COMMERCIAL AND LIKE COMMERCIAL. THE EXISTENCE C TO COMMERCIAL DISTRICT IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA AS IT ALLOWS FOR A RANGE OF COMMERCIAL USES THAT MAY BE INCOMPATIBLE WITH ADJACENT RESIDENTIAL ZONING DISTRICT. THE PROPOSED C3 GENERAL COMMERCIAL DISTRICT IS ALSO NOT APPROPRIATE AS IT WOULD INTRODUCE AN EVEN BROADER RANGE OF MORE INTENSIVE COMMERCIAL USES. THE TRANSITION OF C TWO TO C3 REPRESENTS AN INCREASE IN COMMERCIAL INTENSITY THAT WOULD EXPAND WHAT IS SUITABLE FOR THIS AREA. STAFF'S ALTERNATE RECOMMENDATION OF C ONE CD LIKE COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR AUTOMOTIVE VEHICLE SALES IS A MORE APPROPRIATE ZONING DESIGNATION AS IT LIMITS THE RANGE AND INTENSITY OF PERMITTED COMMERCIAL USES WHILE ALLOWING THE USE REQUESTED. THIS RE THIS RECOMMENDATION REPRESENTS A DOWN ZONING FROM THE EXIST SEAT TO DESIGNATION SIMILAR LIKE COMMERCIAL ZONING EXISTS IN THE SURROUNDING AREA, INCLUDING A NEIGHBORING PROPERTY. GRANTED A CON, A CONDITIONAL USE FOR MOTOR VEHICLE SALES IN NOVEMBER, 2025. STAFF RECOMMENDS DENIAL FOR THIS REQUEST AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. OKAY. IF WE COULD HAVE THE APPLICANT PLEASE AND MA'AM IF YOU WOULD NAME AND ADDRESS AND THEN TELL US ABOUT YOUR REQUEST. OKAY. MARIANA GAONA. UM, WELL MY [02:05:01] HOME ADDRESS OR THE BUSINESS ADDRESS. WHICHEVER ONE YOU WANNA GIVE US. OKAY. 1203 BASSEY ROAD. OKAY. UM, SO MY NAME IS MARIANA GAONA. MY HUSBAND AND I OWN K ONE MOTORS, A USED CAR LOT AT 1203 AND 1211 BASSEY ROAD. AND THOSE ARE BOTH C THREES. WE HAVE BEEN AT THIS LOCATION SINCE 2013. BASSEY ROAD HAS SEEN US GROW FROM A VERY SMALL OPERATION OF $35,000 THE FIRST YEAR TO NEARLY $5 MILLION IN SALES IN 2025. WE ACQUIRED 1315 BASSEY ROAD A YEAR AGO AND INITIALLY SIMPLY PLANNED TO USE THE BACKYARDS TO STORE VEHICLES. BUT THE GROWTH OF OUR BUSINESS THAT HAS BEEN ALLOWED BY BASSIE ROAD, UM, IS ALLOWING US TO ACTUALLY OPEN THAT AS A CAR LOT AND MAKE IT INTO AN ANNEX. SO WE REQUEST THE CHANGE FROM C TWO TO C3, BUT BECAUSE OF THE OPPOSITION, I WOULD EVEN SAY C TWO. JUST KEEP THE C TWO AND GIVE US THE CONDITIONAL USE. UM, WE HAVE BEEN LOCATED ON BASSEY ROAD FOR 13 YEARS AND DO NOT PLANT TO GO ANYWHERE. WE ARE TRUE DEFINITION OF MOM AND POP SHOP AND IT'S OUR PRIDE TO HAVE BEEN PART OF THE NEW YORK GENERATIONS OF PEOPLE INVESTING IN THE AREA. I HAVE SPOKEN WITH MY NEIGHBORS TO THE IMMEDIATE LEFT AND RIGHT AND BOTH ARE ON BOARD WITH OUR PROJECT. I HAVE PROVIDED TEXT MESSAGES RECEIVED FROM THE OWNER OF 1319 BASSEY ROAD. UM, AND I DID NOT RECEIVE ANY OPPOSITION FROM THE, UH, HOMEOWNERS ASSOCIATION OR FROM THE OFFICE OF DISTRICT ONE. I BELIEVE THAT THE FISCAL IMPACT WOULD BE VERY BENEFICIAL FOR THE CITY, COUNTY AND THE STATE. AND I DO UNDERSTAND SOME OF THE CONCERNS FOR PROVIDING THE C3 CATEGORY, BUT AGAIN, IF I CAN KEEP MY C TWO AND AT THE CONDITIONAL USE FOR THE CAR LOT, WE WOULD BE VERY HAPPY WITH THAT. SO I DID DO A LITTLE POWERPOINT BUT I GUESS I SPOKE FASTER THAN THAN THE SLIDES WERE GOING. UM, BUT WE DO, YOU KNOW, IT WOULD BE PROPERTY TAXES, INCREASING INVENTORY TAX FOR THE CITY SALES TAX, UM, LICENSING FEES FOR THE STATE, YOU KNOW, THROUGH THE DMV. SO I THINK THAT WE WOULD BE A VERY GOOD CONTRIBUTION. THE BEAUTIFICATION OF THE AREA BECAUSE YOU KNOW, OUR CAR LOT REALLY STANDS OUT, UM, FOR THOSE OUR NEIGHBORING CAR LOT. SO WOULD YOU REPEAT YOUR CURRENT LOT'S ADDRESS PLEASE? YES, IT'S 1203 AND 1211 BASSEY ROAD. AND EVEN THOUGH THE ADDRESSES ARE KIND OF FAR, THEY'RE ACTUALLY RIGHT NEXT TO EACH OTHER AND WE JUST MADE THE BIG BAR IN THE FRONT AND YOU KNOW, WE ADDED LIGHTING THROUGH THE CITY. SO, YOU KNOW, WE, WE WANT BASSY ROAD TO CONTINUE TO GROW AND IT IS A VERY HOT SPOT OFF OF SAN PEDRO AND I KNOW THAT THAT'S AN AREA THAT'S ALSO EXPANDING. ALRIGHT, THANK YOU SO MUCH. ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. ALRIGHT, VERY GOOD. UH, ONCE AGAIN, COMMISSIONER KELLUM, THIS IS TO YOU FOR QUESTIONS. MS. KELONA, CAN I ASK YOU QUESTION? SURE. SO THIS LOT YOU'RE LOOKING TO CHANGE IS CONTIGUOUS TO THE LOTS YOU HAVE RIGHT NOW? IT'S NOT. SO IT'S ABOUT A BLOCK AND A HALF AWAY. SO, UM, WE HAVE THE TWO THAT ARE TOGETHER AND THEN THAT WOULD BE LIKE A LITTLE ANNEX. SO WE WOULD NEED TO GET LICENSING AND AND ALL THAT FROM THE STATE. OKAY. AND JUST TO STAFF, WHAT DO WE NEED TO DO TO CONSIDER THE CD WITH CONDITIONAL USE? WOULD SHE HAVE TO SO, UM, SORRY. SO THE EXISTING IS C TWO. UM, SHE COULD HAVE MEANT A C TWO CD BUT WE WOULD REQUIRE A SITE PLAN TO BE PRESENTED. SO WE WOULD NEED THAT, UM, SUBMITTED BEFORE WE PROCEED WITH REVIEW. AND I DO NOT BELIEVE WE HAVE A SITE PLAN AT THIS TIME. SO I WOULD REC REQUEST THAT YOU GUYS CONTINUE THIS UNTIL WE CAN GET A SITE PLAN FROM THE APPLICANT AND THEN WE COULD PROCEED THAT WAY. OKAY. OKAY. ANY FURTHER QUESTIONS TO MY LEFT? YES. COMMISSIONER ELL, UM, HELP ME OUT. BUT WHAT WAS THE OPPOSITION THAT, WHAT WAS THE OPPOSITION TO THE C3? WHAT WAS THE NATURE OF THE OPPOSITION? WHO OPPOSED WITH THE CURRENT LAND USE PLAN? C3 ISN'T PERMITTED, IT'S ONLY NEIGHBORHOOD COMMERCIAL AND LIKE COMMERCIAL USES. SO SHE'S GOING OUTSIDE OF HER LAND USE. SO SHE IS REQUIRED TO PLAN AMENDMENT AS WELL. AND JUST THE INTRODUCTION OF MORE INTENSE USES BECAUSE THERE IS, UM, A RESIDENTIAL SUBDIVISION IN THE REAR. WE, WE SAW THAT THIS WOULD NOT ALIGN WITH WHAT, I'M SORRY, I MISUNDERSTOOD. I THOUGHT I IT WAS STAFF NOT RECOMMENDING IT. IT WASN'T A PUBLIC OPPOSITION TO THE SCENE. NO. OKAY. WE DID NOT RECEIVE ANY PUBLIC AND THEN, UH, TO THE APPLICANT. UM, BEFORE WE CONSIDER AMENDING TO C TWO CD, UH, HAVE YOU ALREADY PREPARED THE, THE PLANNED AMENDMENT APPLICATION? HOW FAR ALONG IN THE PROCESS ARE YOU? SO TOMORROW IS THE, THE NEXT PART OF IT. [02:10:01] SO, SO IF JUST BRAINSTORMING, IF WE WERE TO CONSIDER MOVING FORWARD WITH APPROVING THE REQUESTED ZONING CHANGE, THE APPLICANT WOULD BE ABLE TO GO TO PLANNING TOMORROW AND THEN TO COUNSEL THEREAFTER FOR THE MAY? YEAH, SHE CAN STILL GO TO PLANNING COMMISSION TOMORROW. BUT AGAIN, AS I'M REQUESTING, WE DON'T HAVE A SITE PLAN SO I WOULD NOT PROCEED TODAY WITH A REVIEW WITH, WITH THE CD. BUT WE COULD AGAIN, YES, WE COULD, WE COULD PROCEED WITH THE REQUESTED ZONING WITHOUT, IF YOU WANNA VOTE ON THE C3. YES, YOU COULD PROCEED WITH THAT. GOT IT. BUT AGAIN, THE C3 WOULD OPEN UP THOSE ADDITIONAL USES. MM-HMM . WHICH I WANNA MENTION THE NEIGHBOR NEXT DOOR IS, OH, SORRY, SORRY, HE, HE CAN ASK YOU BUT, OKAY. YEAH. YEAH. WHAT, WHAT, WHAT WERE YOU? OKAY, THE NEIGHBOR NEXT DOOR HAS A, A SALON AND SHE IS A C3 AND THEN THE ONE TO THE OTHER SIDE IS A C TWO. AND THEN WE WALK DOWN LIKE HALF A BLOCK. MOST OF THEM ARE C3 OR C TWO WITH THE CONDITIONAL USE. 'CAUSE THERE'S TWO MORE CAR LOTS ON THAT STREET PLUS MINE TWO PLUS THE ONES FURTHER DOWN TO SAN PEDRO ON THAT POINT, COULD STAFF PULL UP THE MAP FROM THE PACKET? OH, IT'S ALREADY THERE. UH, COULD WE ZOOM IN A LITTLE BIT THOUGH? JUST TO, OR I WAS GONNA SAY IF YOU WANNA DO THE ONE STOP MAP, 'CAUSE THERE IS A MIX OF C TWO AND C3 ALONG THERE AND AS YOU F HEAD FURTHER EAST YOU'D SEE C3. BUT THEY'RE A BUDDING I ONES, UM, AGAIN, THIS PORTION OF THE PROPERTY, THIS BLOCK, THEY, UH, ARE ADJACENT TO THOSE RESIDENTIAL ESTABLISHED RESIDENTIAL NEIGHBORHOOD. OKAY, THANK YOU. THAT'S FOR ME. ALRIGHT, ANY FURTHER QUESTIONS LEFT? AYE QUESTIONS RIGHT QUICKLY. UM, AND SO THE SITE PLAN WOULD BE REQUIRED WHETHER OR NOT, YOU KNOW IT'S STAFF'S ALTERNATE RECOMMENDATION AS C ONE CD OR THE APPLICANT'S PROPOSAL POTENTIALLY OF C TWO CD, CORRECT. JU CORRECT. AND SHE'D STILL WOULD, UM, REQUIRE THE PLAN AMENDMENT FOR THE C TWO? RIGHT. OKAY. AND THAT WAS GONNA BE MY FOLLOW UP QUESTION, SO THANK YOU. ALRIGHT. AND YOU UNDERSTAND THAT? NOT REALLY, BUT WE'LL WORK ON IT. ALRIGHT. UM, I'VE BEEN DOING BUSINESS FOR A WHILE. HOW ABOUT THIS? SO I JUST LEARNED, UH, YOU'VE SEEN SOME OF THESE KINDS OF PRESENTATIONS. SO THIS IS A SITE PLAN. UH, IN ORDER FOR A CD TO BE APPROVED WITH ZONING, YOU WOULD NEED TO PROVIDE US SOMETHING LIKE THIS FOR YOUR USE. OKAY. DO YOU UNDERSTAND THAT? YES. OKAY. UH, YOU'D BE WILLING TO DO THAT? YES. OKAY. THOSE ARE MY QUESTIONS. ANY FURTHER QUESTIONS TO MY LEFT? YES. COMMISSIONER ELL. I'M SORRY. JUST 'CAUSE I DON'T UNDERSTAND WHAT THE, TO CLARIFY MM-HMM . CHAIR'S PREVIOUS QUESTION. THE PROPOSED ZONING OR THE, THE REQUESTED ZONING BY THE APPLICANT DOES NOT REQUIRE A SITE PLAN. CORRECT. OKAY. ALRIGHT. SO IT'S THE CD THAT WOULD REQUIRE A SITE PLAN THAT'S RIGHT. AS BEING CONTEMPLATED. OKAY. THANK YOU. ALRIGHT, ON, I'M ON THE SAME PAGE. ANY FURTHER QUESTIONS LEFT? SEEING NONE QUESTIONS. RIGHT? SEEING NONE. ALRIGHT. COMMISSIONER LUM TO YOU FOR DISCUSSION AND POTENTIAL MOTION. MS. , YOU CAN SIT DOWN. THANK YOU. PUBLIC HEARING IS CLOSED. SO I WOULD LIKE TO, IF WE CAN MAKE A MOTION FOR A CONTINUANCE FOR FOUR WEEKS, GIVE US AN OPPORTUNITY IF WE CAN, TO TRY TO GET CLOSER TO WHAT YOU'RE LOOKING FOR IN TERMS OF THE ZONING DESIGNATION. OKAY. THERE'S A MOTION, UH, TO CONTINUE FOR FOUR WEEKS TO MAY 5TH, 2026. IS THERE A SECOND? SECOND. COMMISSIONER KELLY IS THE SECOND. UM, ALRIGHT. DISCUSSION LEFT. COMMISSIONER DULL. YOU KNOW, I'LL, I'LL, I'LL SUPPORT THE MOTION. UM, BUT ONLY THAT I, IT'S, YOU KNOW, WITH THE, THE CNA, UM, ON THIS SIDE OF, UH, THE STREET AND WITH C3 IMMEDIATELY OPPOSITE THE STREET, IT'S NOT ENTIRELY CLEAR TO ME WHY, UM, C3 WOULD BE SO IMPROPER. UM, BUT I'LL BE SUPPORTING THE MOTION AND WE CAN, YOU KNOW, SEE IF IT COULD BE WORKED OUT BY THEN. ALRIGHT. THANK YOU. ANY FURTHER DISCUSSION? LEFT DISCUSSION. RIGHT. SEEING NONE. MOTION IS FOR APPROVAL OF ITEM NUMBER, UM, MISSPOKE ENTIRELY. MOTION IS FOR CONTINUANCE OF ITEM NUMBER 21 FOR FOUR WEEKS TO THE MAY 5TH, 2026. MEETING BY COMMISSIONER KELLUM WITH THE SECOND BY COMMISSIONER KELLY. ROLL CALL. VOTE PLEASE. COMMISSIONER KELLUM? YES. COMMISSIONER KELLY? YES. COMMISSIONER LO? YES. COMMISSIONER OSA? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER VO AYE. COMMISSIONER ? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. CHAIR WITH SAMANTHA. AYE. MOTION CARRIES. ALRIGHT, THANK YOU SO MUCH. UH, AND YOU CAN WORK WITH, UM, JEWEL TO TALK ABOUT THE SITE PLAN AND WHAT'S REQUIRED. THANK YOU. SEE YOU IN A MONTH. ALRIGHT, OUR NEXT ITEM IS ITEM NUMBER 22. [02:15:03] I'LL GET A GOOD, UH, GOOD AFTERNOON COMMISSIONERS. MY NAME IS FOREST WILSON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER 22 LOCATED AT 31 0 9. NORTH ST. MARY STREET IS GOING FROM C3 GENERAL COMMERCIAL DISTRICT TO C ONE CDS LIKE COMMERCIAL DISTRICT WITH A CONDITIONAL AND SPECIFIC USE AUTHORIZATION TO PERMIT A TOBACCO STORE RETAIL, HOOKAH, LOUNGER, SMOKING ROOM WITHIN 1000 FEET OF, OF A PUBLIC OR PRIVATE SCHOOL, DAYCARE OR INSTITUTION OF HIGHER LEARNING WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE 13 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED. THE TOBIN HILL NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE. THE EXISTING C3 GENERAL COMMERCIAL DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY. THEY PROPOSED C ONE WITH A C, D AND AN S TO PERMIT THE TOBACCO STORE WITHIN A THOUSAND FEET OF A PUBLIC OR PRIVATE SCHOOL. UM, ALRIGHT. LOST MY PLATE IS NOT APPROPRIATE AS IT AS IT'S WITHIN A THOUSAND FEET OF A, A PUBLIC PRIVATE SCHOOL, DAYCARE OR INSTITUTIONAL OF HIGHER LEARNING IN ACCORDANCE WITH UDC 35, 30 98 0 2 PROHIBITION OF TOBACCO, UH, STORE AND VAPE SHOPS FROM CERTAIN USES. THE PROPOSED USE IS WITHIN A THOUSAND FEET OF MARK TWAIN DUAL LANGUAGE ACADEMY LOCATED AT 5 1 8 EAST MAGNOLIA STREET. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. ALRIGHT, VERY GOOD. IF WE COULD HAVE THE APPLICANT OR APPLICANT'S REPRESENTATIVE PLEASE. AND MA'AM, IF YOU WOULD JUST STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND THEN TELL US ABOUT YOUR REQUEST. JUST ONE PERSON PLEASE. HELLO, MY NAME IS MATT MALLOY. I AM HERE ON BEHALF OF THE BUSINESS OWNER REGARDING THE ZONING REQUEST FOR PURPLE DRAGON, WHICH IS GOING TO BE ON ST. MARY'S. SO WE UNDERSTAND THE CONCERN ABOUT BEING NEAR OUR SCHOOL, WHICH WE TAKE SERIOUSLY. WE DO ENFORCE A STRICT 21 AND NOT POLICY. OH, I'M JUST LOWER A LITTLE BIT. OH, SORRY. OKAY. DO YOU WANT ME TO RESTART? YEAH, IF YOU WOULD. OKAY. MY NAME IS MADELINE MALLOY. I AM HERE ON BEHALF OF THE BUSINESS OWNER REGARDING THE ZONING REQUEST FOR ST. MARY'S, ALSO BABCOCK AND CALLAHAN. UM, WE UNDERSTAND THE CONCERN ABOUT BEING NEAR A SCHOOL WHICH WE TAKE SERIOUSLY. WE STRICTLY ENFORCE A 21 AND UP POLICY WITH ID VERIFICATION. WE DO NOT ALLOW MINOR MINORS. WE MAINTAIN A LOW PROFILE STOREFRONT WITH NO MARKETING TOWARDS CHILDREN. WE ARE COMMITTED TO OPERATING RESPONSIBLY AND IN FULL COMPLIANCE WITH ALL CITY REGULATIONS. AND WE ARE RESPECTFULLY ASKING FOR CONSIDERATION. OKAY. OKAY. THANK YOU SO MUCH. DO WE HAVE ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. ALRIGHT, VERY GOOD. THIS IS A DISTRICT ONE CASE COMMISSIONER KELLY. DO YOU FOR QUESTIONS FOR STAFF? SO WE NEED THE CONDITIONAL USE WITH THE, UM, SPECIFIC USE AUTHORIZATION FOR THIS TO OCCUR. IT COULD NOT OCCUR IN THE C3 DESIGNATION. THE, SO THE USE COULD, IT'S THERE THEY'RE REQUESTING THE SPECIFIC USE. YEAH, THAT S BECAUSE THEY'RE WITHIN A THOUSAND FEET OF A SCHOOL. SO THAT USE IS ALLOWED IN ALL, ALL OF THE COMMERCIAL DISTRICTS. UM, BUT WHEN IT'S WITHIN A THOUSAND FEET OF A SCHOOL, IT REQUIRES THE S AND THE CD IN THIS CASE. OKAY. AND IF, IF I CAN JUST QUICKLY ADD TO THAT, 'CAUSE I KNOW THIS IS A RELATIVELY NEW ITEM. UM, YOU MAY RECALL FROM LAST YEAR THE CITY COUNCIL, WE HAD PRESENTED TO THIS BODY A RECOMMENDATION FOR WHAT WAS CALLED THE BREATH ORDINANCE BUILDING RELATED CODES. I CAN TRACK DOWN WHAT BREATH STANDS FOR. BUT ANYWAY, THE IDEA WAS THAT, UM, THE CITY COUNCIL WAS CONCERNED WITH THE RISE OF VAPE SHOPS THAT WERE LOCATED NEAR SOME OF THOSE INSTITUTIONS, PUBLIC OR PRIVATE SCHOOLS, UNIVERSITIES. SO CITY COUNCIL ENACTED AN ORDINANCE THAT WOULD PROHIBIT THEIR OPENING UNLESS CITY COUNCIL GRANTS BY SPECIFIC USE AUTHORIZATION PERMISSION TO OPEN THOSE, UH, BUSINESSES WITHIN A THOUSAND FEET OF THOSE USES IS. AND DO WE CONTINUE, DO WE HAVE ANY IDEA STAFF, HOW MANY VAPE SHOPS ARE AROUND THAT AREA? UH, GIVE ME A COUPLE MINUTES. I CAN PROBABLY TRACK THAT DOWN. THANK YOU. OKAY. UM, BEFORE WE GO A LITTLE BIT FURTHER, MR. WILSON, I HAVE A QUESTION FOR YOU. SORRY. UM, YOU SAID MARK TWAIN DUAL LANGUAGE ACADEMY. DID YOU MEAN, DID, DID YOU MEAN OUR LADY OF SORROWS CATHOLIC CHURCH? NO, THERE, THERE IS A DUAL LANGUAGE ACADEMY. IF YOU LOOK JUST NORTH, UH, WEST, I BELIEVE ON THE MAP THERE, IT, IT MAY, I THINK GOOGLE MIGHT SHOW THAT IT'S CLOSED. OKAY. OH, OH, OH, OH, OKAY. SO IT'S THE RAPHAEL GONZALEZ EARLY CHILDHOOD CENTER. BUT MARK TWAIN IS THERE NOW, CORRECT? UH, I GOTCHA. OKAY. THANK YOU FOR THAT CLARIFICATION. ALRIGHT, NOW BACK OVER HERE, UH, TO MY LEFT QUESTIONS COMMISSIONER, WHAT THAT, I GUESS IT'S [02:20:01] FOR STAFF. SO THE USES THAT THEY'RE PROPOSING ARE ESTABLISHED IN THE USE MATRIX. IS THAT CORRECT? THAT'S CORRECT. SO IF THEY WEREN'T IN USE MATRIX THEN THEY COULDN'T DO IT OR THEY'D HAVE TO GO THROUGH A VERY DIFFICULT PROCESS? IS THAT THE CASE? SO, SO WHENEVER A, WHENEVER SOMEONE APPROACHES STAFF WITH A USE THAT IS NOT IN THE USE MATRIX, THE CODE REQUIRES THAT THE DIRECTOR OF DEVELOPMENT SERVICES MAKE A DETERMINATION OF WHAT THEY ARE MOST MATERIALLY SIMILAR TO. AND OFTENTIMES THOSE ITEMS ARE SUBMITTED FOR UDC AMENDMENTS IN THE NEXT, UH, UDC AMENDMENT CYCLE. IF, IF I CAN ANSWER COMMISSIONER KELLUM'S QUESTION, I DON'T KNOW, WITHIN A CERTAIN DISTANCE OF THIS LOCATION IN PARTICULAR. UH, BUT I CAN TELL YOU THAT AT THE TIME THAT THE BREATH ORDINANCE WAS APPROVED, THERE WERE 225 VAPE SHOPS IN THE CITY. 35 OF WHICH WERE IN DISTRICT ONE. THANK YOU. ALRIGHT. ALRIGHT. ANY FURTHER QUESTIONS TO MY LEFT? YES. COMMISSIONER LO, UM, EITHER THE APPLICANT OR STAFF, BUT WHAT'S THEIR CURRENTLY, WHAT WAS THE USE OF THE BUILDING BEFORE? UM, I BELIEVE IT WAS, UM, I THINK LIKE A RE A REALTOR PLACE. YEAH. YEAH. WE JUST, IT WAS CATEGORIZED AS PROFESSIONAL OFFICE. OKAY. COMMISSIONER ELL. UH, SO SINCE THE WHOLE BREATH ORDINANCE, THE WHOLE PURPOSE IS TO PROTECT CHURCHES AND SCHOOLS. UM, DID UH, MARK TWAIN ACADEMY RESPOND OR NO? THEY, THEY HAVE NOT. UM, BUT THEY WERE, WERE THEY NOTICED? 'CAUSE IT'S OUTSIDE OF 200 FEET. YES. WELL, NOT SO. NO, MARK TWAIN WASN'T NOTICED, BUT I THINK YOU MENTIONED OUR LADY, THE SARS WITH IT IS WITHIN 200 FEET. SO THEY WERE NOTICED. SO IN THIS CASE, THERE WAS A COUPLE OF SCHOOLS THAT WAS TRIGGERING THE SPECIFIC USE NEED OR THE OTHER ONE WITH THE SCHOOL. I SEE. SO YEAH, THE, THE, IT DOESN'T, THE BREATH ORDINANCE DIDN'T CHANGE THE NOTICE REQUIREMENTS TO JUST IMPOSE THAT S REQUIREMENT FOR THE A THOUSAND FOOT PROXIMITY. OKAY. THANK YOU. ALRIGHT, ANY FURTHER QUESTIONS? LEFT QUESTIONS? RIGHT. SEEING NONE. COMMISSIONER KELLUM TO YOU FOR DISCUSSION AND POTENTIAL MOTION. WELL, I APPRECIATE THE INPUT FROM STAFF, ALTHOUGH I'M A BIG PROPONENT OF BUSINESS GROWTH IN THIS PARTICULAR CASE. I HAVE TO, I HAVE A LITTLE BIT OF PAUSE WITH THE DISTANCE FROM THE SCHOOL AND SO I'M GONNA MAKE A MOTION FOR DENIAL. OKAY. THERE'S A MOTION FOR DENIAL OF ITEM NUMBER 22 BY COMMISSIONER KELLUM. IS THERE A SECOND? SECOND? AND THERE'S A SECOND BY COMMISSIONER DUVALL. ALRIGHT, UH, DISCUSSION LEFT. COMMISSIONER LO. OKAY. I DON'T, IT'S NOT AN OFFICIAL ANSWER, BUT I'M PRETTY SURE I KNOW THE ANSWER TO YOUR QUESTION 'CAUSE I'VE BIKED THIS A LOT. THERE'S ONE SMOKE SHOP DOWN THE WAY, MAYBE HALF A BLOCK, AND THEN THEY JUST OPEN LIKE A CANNABIS COFFEE SHOP OR SOMETHING DOWN THE WAY. UM, SO NOT OFFICIAL, BUT FROM WHAT I KNOW, UM, IT'S, THIS IS INTERESTING. I GO BY THIS ALL THE TIME. MY GYM'S RIGHT OVER THERE. I FEEL LIKE ST. MARY'S IS A CLASS, LIKE A PERFECT PLACE FOR A SMOKE SHOP. UM, BUT ST. MARY'S ALSO GOES RIGHT UP AGAINST NEIGHBORHOOD AND OBVIOUSLY SCHOOLS AND CHURCH AND COMMUNITY CENTERS. SO IT'S A LITTLE BIT OF AN INTERESTING SITUATION TO ME. IT FEELS LIKE, YOU KNOW, I'VE WALKED PAST THIS PLACE A LOT. I HAD NO IDEA WHAT WAS IN IT. IT SEEMS LIKE IT'S EMPTY. PROBABLY ISN'T, BUT IT SEEMS UNUSED AND I'M USUALLY A PROPONENT, PROPONENT OF MOVING LOTS INTO USE. SO I'M GONNA BE SUPPORTING THIS MOTION. I THINK THERE IS REASON TO HAVE PAUSE WITH THE SCHOOL SO CLOSE BY. BUT I DO THINK THAT ST. MARY'S IS KIND OF A PERFECT PLACE FOR SOMETHING LIKE A SMOKE SHOP. AND THERE'S NOT A TON IN THE AREA RIGHT NOW. UM, AND IT'S ALSO A CORRIDOR COVERED IN LIKE BARS AND THIS KIND OF USE. SO I'M IN SUPPORT OF THE, SORRY, I AM AGAINST THE PROPOSED MOTION, UH, FRIENDLY WITH RESPECT. . ALRIGHT, I THINK WE GOT THERE. YES. COMMISSIONER BEL. UH, RECOGNIZING THAT THE, THE BREATH ORDINANCE DIDN'T IMPOSE A NOTICE REQUIREMENT. UH, I THINK IT PROBABLY SHOULD. UM, IF THE WHOLE PURPOSE IS TO PROTECT THOSE KIND OF ORGANIZATIONS LIKE CHURCHES AND SCHOOLS, UM, FROM USES LIKE VAPE SHOPS, IF THE SCHOOL DOESN'T, YOU KNOW, KNOW, UH, THAT SEEMS TO BE A PROBLEM. IF IN THIS CASE, HYPOTHETICALLY, IF THE SCHOOL WERE TO COME BACK AFTER, YOU KNOW, BEING FULLY NOTICED AND JUST DIDN'T RESPOND, UM, OR CERTAINLY IF THEY GAVE A LETTER OF SUPPORT, YOU KNOW, I'D BE INCLINED TO, TO THINK DIFFERENTLY ABOUT IT. UM, BUT ABSENT THAT, YOU KNOW, I, I CAN ONLY IMAGINE WHAT THE, YOU KNOW, THE PTA OF THE SCHOOL, UH, WOULD, WOULD SAY IN RESPONSE. UM, SO I'LL BE, UH, UH, SUPPORTING [02:25:01] THE MOTION. ALRIGHT, THANK YOU. ANY FURTHER DISCUSSION? LEFT DISCUSSION? RIGHT. ALRIGHT. UH, MOTION IS FOR DENIAL BY COMMISSIONER KELLUM OF ITEM NUMBER 22 WITH THE SECOND BY COMMISSIONER DUBEL. THANK YOU. JUST BLANKED OUT THERE. . UM, ROLL CALL. VOTE PLEASE. OKAY. COMMISSIONER KELLUM? YES. COMMISSIONER DUBAL. AYE. COMMISSIONER LO? NO. COMMISSIONER NOOSA? YES. COMMISSIONER PI RODRIGUEZ? YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER WIT? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT, VERY GOOD. WE'RE NOW GONNA MOVE ON TO ITEM NUMBER. SO LET ME ACTUALLY GIVE THE EXPLANATION. SO WE ARE RECOMMENDING BOTTLE BODY, WHICH MEANS THAT WE HAVE RECOMMENDED DENIAL AT THIS POINT, YOU STILL HAVE SIX MONTHS TO GO TO CITY COUNCIL. CITY COUNCIL CAN ACCEPT OR REJECT OUR RECOMMENDATION AND GO FROM THERE. ALRIGHT. UH, NEXT ITEM PLEASE. GOOD AFTERNOON FOR WILSON WITH DEVELOPMENT SERVICES. ITEM 23, LOCATED AT 1739. BABCOCK ROAD IS GOING FROM C TWO COMMERCIAL DISTRICT TO C TWO S COMMERCIAL DISTRICT WITH A SPECIFIC USE AUTHORIZATION TO PERMIT THE TOBACCO STORE, RETAIL HOOK, LOUNGE, OR SMOKING ROOM WITHIN A THOUSAND FEET OF A PUBLIC OR PRIVATE SCHOOL DAYCARE OR INSTITUTE OF HIGHER LEARNING. WITH ALL OVERLAYS REMAINING THE SAME. THERE WERE NINE NOTICES MAILED ZERO RECEIVED IN FAVOR, TWO OPPOSED THE OAK HILLS CITIZENS ASSOCIATION GAVE NO RESPONSE. UM, BUT THE INTERNATIONAL SCHOOL HAS PROVIDED A LETTER OF OPPOSITION. THE EXISTING C TWO COMMERCIAL DISTRICT IS INAPPROPRIATE ZONING FOR THE PROPERTY. THE PROPOSED C TWO S TO PERMIT TOBACCO STORE IS NOT APPROPRIATE AS IT IS WITHIN A THOUSAND FEET OF A PUBLIC OR PRIVATE SCHOOL. UM, IN ACCORDANCE WITH THE, UH, UDC SECTION 35 3 98 0 2, THE PROPOSED USE IS LOCATED WITHIN THE THOUSAND FEET OF THE INTERNATIONAL SCHOOL OF SAN ANTONIO, LOCATED AT 67 39 CALLAHAN ROAD. STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. DID YOU SAY CALLAHAN OR BABCOCK? CALLAHAN. THIS IS THE BABCOCK. I UNDERSTAND THE, THE INTERNATIONAL SCHOOL I BELIEVE WAS ADDRESSED OFF OF CALLAHAN. SO THAT'S WHAT I WAS SAYING, THAT THAT'S THEIR LOCATION. . ALRIGHT. ALRIGHT. SAME, SAME DEAL. YES. HELLO AGAIN? UM, YEAH, I AM, I'M AWARE THAT THE SCHOOL IS, UM, OPPOSED TO US. I HAVE GONE AND SPOKEN WITH THEM, BUT, UM, I'M FULLY AWARE THAT THEY DON'T WANT US RIGHT THERE, SO. ALRIGHT. ANYTHING ELSE TO ADD ABOUT THIS LOCATION, MS. MOLEY? UM, JUST ABOUT THE SAME THING. WE STILL ARE VERY, UM, STRICT ABOUT OUR 21 AND UP POLICY. UM, WE HAVE STAYING TRACK, WE HAVE TRAINED STAFF TO MAKE SURE THAT, YOU KNOW, NOBODY UNDER 21 COMES AROUND OR IS ALLOWED INSIDE THE SHOP. BUT I KNOW THAT WE ARE NEXT TO THAT SCHOOL AND THEY HAVE LET US KNOW THAT THEY DON'T WANNA SIT THERE. ALRIGHT. ALRIGHT. THANK YOU MS. MALLOY. ALRIGHT. ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. ALRIGHT. THIS IS A DISTRICT SEVEN CASE. UH, COMMISSIONER SIPES TO YOU FOR QUESTIONS. I DON'T HAVE ANY QUESTIONS. ALRIGHT. ANY QUESTIONS TO MY LEFT? ANY QUESTIONS TO MY RIGHT? ALRIGHT. COMMISSIONER SIPES TO YOU FOR DISCUSSION AND POTENTIAL MOTION. ALRIGHT, SO, UM, FOR ME, THE, THE, THE, THE SCHOOL IS NOT JUST WITHIN A THOUSAND FEET. THE SCHOOL ACTUALLY RECEIVED NOTICE BECAUSE THEY WERE WITHIN THE 200 FEET. THEY'RE LIKE, BASEBALL THROW AWAY. SO, UM, FOR ME, THIS IS, THIS IS, UM, KIND OF AN EASY, UH, DENIAL IN MY OPINION. SO I WILL BE MAKING A MOTION FOR DENIAL. OKAY. THERE'S A MOTION FOR DENIAL BY COMMISSIONER SIPES. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER KELLUM. UH, DISCUSSION TO MY LEFT. DISCUSSION TO MY RIGHT. UM, YEAH, I WILL BE SUPPORTING THE MOTION. BUT I THINK IT'S ALSO FUNNY THAT THE MOST PROMINENT BUSINESS CLOSEST TO THE SCHOOL IS WHO'S WHO. COCKTAILS. SO NOT NECESSARILY. GREAT. ALRIGHT. UH, THE MOTION IS FOR DENIAL OF ITEM NUMBER 23 BY COMMISSIONER SIPES WITH A SECOND BY COMMISSIONER KELLUM. UM, ROLL CALL VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER KELLUM? YES. COMMISSIONER LO? YES. COMMISSIONER OSA? YES. COMMISSIONER PEDRO RODRIGUEZ? YES. COMMISSIONER [02:30:01] HUEY. AYE. COMMISSIONER DUBAL. AYE. COMMISSIONER WIT? YES. COMMISSIONER PANA? YES. CHAIR BUSANTE. AYE. MOTION CARRIES. ALRIGHT. AGAIN, SAME THING. WE'RE A RECOMMENDING BODY. YOU'LL HAVE SIX MONTHS TO GO TO COUNCIL AND OUR BODY ONLY MAKES RECOMMENDATIONS. NEXT ITEM, PLEASE. UH, GOOD AFTERNOON AGAIN, COMMISSIONERS FOREST WILSON. SO ITEM 24 IS LOCATED AT 64 30 CALLAHAN ROAD. IT'S GOING FROM C3 COMMERCIAL DISTRICT TO C TWO S COMMERCIAL DISTRICT WITH A SPECIFIC USE TO PERMIT A TOBACCO STORE, RETAIL LOUNGE, OR SMOKING ROOM WITHIN A THOUSAND FEET OF A PUBLIC OR PRIVATE SCHOOL, DAYCARE OR INSTITUTION OF HIGHER LEARNING. THE, THERE WERE 11 NOTICES MAILED ZERO IN FAVOR, ONE OPPOSED. AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. THE EXISTING C3 IS AN APPROPRIATE ZONING. THE PROPOSED C TWO S PERMITTED TOBACCO STORE, UM, IS NOT APPROPRIATE AS IT'S WITHIN A THOUSAND FEET OF A, UH, IN THIS CASE A INSTITUTION OF HIGHER LEARNING. SO THE PROPOSED USE IS LOCATED WITHIN A THOUSAND FEET OF THE COLLEGE OF HEALTHCARE PROFESSIONALS VOCATIONAL SCHOOL LOCATED AT 4,400 NORTHWEST LOOP FOUR 10 STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT. ALRIGHT. THANK YOU SO MUCH MS. NOPE, NOT MS. MALLOY. SORRY. NO, THAT'S ALL RIGHT. UH, PLEASE, IF YOU WOULD INTRODUCE YOURSELF AND TELL, TELL US YOUR ADDRESS. HI, MY NAME'S, MY NAME'S ANDREA ISA MARTINEZ. UH, AND WE'RE WITH THE 64 30 CALLAHAN. UM, WE, LIKE I SAID, WE DO KNOW WE'RE, WE'RE REALLY CLOSE TO THE SCHOOL, BUT WE'RE TRYING TO SEE MAYBE IF BEING, UH, FURTHER AWAY FROM THE OTHER SCHOOL OR THE CHURCH, THEY'LL LIKE, CHANGE ANYTHING, SO. ALRIGHT. ALRIGHT. THANK YOU MA'AM. UH, OKAY. THIS IS AGAIN, A DISTRICT SEVEN CASE, UH, COMMISSIONER SIPES QUESTIONS. THE, SO THE, THE, THE LOCATION TO THE PREVIOUS SCHOOL, WE WERE TALKING ABOUT THE, THE PRESBYTERIAN CHURCH. I CAN'T REMEMBER WHAT THE SCHOOL'S NAME. THAT WAS NOT THE DETERMINING FACTOR. IT WAS THE INSTITUTION OF HIGHER LEARNING. THAT WAS THE DETERMINING FACTOR BEING WITHIN A THOUSAND FEET, CORRECT? IT WAS THE SCHOOL, NATIONAL SCHOOL. OKAY. THIS ONE, THIS ONE. HEALTH PROFESSIONALS. GOTCHA. ALL RIGHT. UM, I DON'T HAVE ANY QUESTIONS. ANY OTHER QUESTIONS? OKAY. THANK YOU SO MUCH. ANY QUESTIONS TO MY LEFT? YES. COMMISSIONER DOWELL. SO THIS ONE'S NOT WITHIN 200 FEET, SO THEY DIDN'T GET NOTICE. BUT TO BE FAIR HIGHER LEARNING VERSUS, YOU KNOW, PRIMARY SCHOOL, THAT, THAT IS DIFFERENT. THE CODE DOESN'T MAKE ANY DISTINCTION. THAT THAT'S CORRECT. THE CODE DOES NOT MAKE A DISTINCTION. OKAY. ALRIGHT. THANK YOU. ALRIGHT. QUESTIONS TO MY RIGHT? YES. COMMISSIONER, HE HOSA. UH, JUST CAN YOU CLARIFY STAFF FOR ME? THE SCHOOL IN QUESTION FOR THIS CASE? WHAT, WHAT IS IT AGAIN? UH, WHERE'S IT LOCATED ON FOUR 10 AND BABCOCK? IT'S 4,400 NORTHWEST LOOP FOUR 10. SO JUST SOUTH OF FOUR 10. IT'S THE COLLEGE OF HEALTHCARE PROFESSIONS. ALRIGHT. AND AND BETWEEN LOOP BETWEEN BABCOCK AND CALLAHAN ON LOOP FOUR 10? CORRECT. OKAY. OKAY. PERSONALLY, THAT, THAT, THAT CHANGES MY OPINION JUST BECAUSE IT'S NOT A K 12 SCHOOL OR, OR CHURCH SCHOOL. MAYBE THAT'S SOMETHING SHOULD BE KIND OF MAYBE BROUGHT UP AT SOME POINT. ALRIGHT. UH, IT CAN ALWAYS BE REVISITED IN THE FUTURE. UH, BUT IT WAS THE DIRECTION FROM CITY COUNCIL IN THE FORM OF THE CCR. YES. THANK YOU. ALRIGHT, ANY FURTHER QUESTIONS? RIGHT, SO CAN YOU READ ME EXACTLY WHAT THE, THE LANGUAGE IS? I'M SORRY, I JUST WANT TO BE SURE I'M COMPLETELY CLEAR HERE. FROM THE CCR OR FROM JUST THE REQUESTED ZONING, UH, WHATEVER THE, THE UDC LANGUAGE IS CURRENTLY, I DON'T, I DON'T CARE ABOUT THE CC, I MEAN, I CARE ABOUT THE CCR TO THE EXTENT THAT IT'S REFLECTED IN THE UDC. SO THE UDC SAYS THAT NO TOBACCO STORE OR VAPE SHOP SHALL BE ALLOWED TO OPERATE WITHIN 1000 FEET OF A PUBLIC OR PRIVATE SCHOOL DAYCARE OR INSTITUTION OF HIGHER LEARNING, UNLESS GRANTED A SPECIFIC USE AUTHORIZATION BY THE CITY COUNCIL. ALRIGHT. UM, OKAY. ALRIGHT, THAT IS MY QUESTIONS. ANY FURTHER QUESTIONS? LEFT FURTHER QUESTIONS, RIGHT? YES. COMMISSIONER HOSA, I, I THINK I FOUND, IS THERE ANOTHER VAPE SHOP, UH, A LITTLE FURTHER EAST OF THAT LOCATION OFF OF BABCOCK? YEAH, THIS ONE, THIS LOCATION IS RIGHT AROUND THE CORNER FROM THEIR BABCOCK LOCATION. OKAY. THANK YOU. ALRIGHT. OKAY. UH, THERE BEING NO FURTHER QUESTIONS. COMMISSIONER SIPES, UH, TO YOU FOR MOTION DISCUSSION AND POTENTIAL MOTION. ALRIGHT. UM, SO THIS ONE I VIEW DIFFERENTLY [02:35:01] AND THIS ONE IS I THINK, UM, IT KIND OF MEETS THE SPIRIT OF THE UDC WHERE IT SAYS UNLESS, AND, AND BASICALLY IT'S UP TO US TO DETERMINE, OKAY, WELL THERE ARE OTHER FACTORS. YES, IT'S WITHIN A THOUSAND FEET, BUT IT'S NOT COMPLETELY PROHIBITED. IT'S PROHIBITED IF IN, YOU KNOW, IN UNTIL WE GIVE THE S DESIGNATION. UM, SO IN THIS CASE, BECAUSE OF ITS LOCATION, IT'S CLOSE TO FOUR 10, IT'S CLOSE TO THE, A MAJOR INTERSECTION ON A, ON A MAJOR ROAD. I KNOW ON PLANNING COMMISSION THEY'D SAY, WELL, THIS IS A TYPE FIVE, YOU KNOW. BUT, UM, UH, BUT IN, IN THIS CASE, I WILL BE, UM, IT'S ALSO DOWN ZONING TO A C TWO FROM A C3. UM, AND SO IN THIS CASE, I WILL BE MAKING A MOTION FOR APPROVAL. THERE IS A MOTION FOR APPROVAL. IS THERE A SECOND? SECOND. ALRIGHT, THERE'S A SECOND BY COMMISSIONER HINOJOSA DISCUSSION LEFT? YES. COMMISSIONER ELL. YEAH. SO THE, UH, GENERALLY VAPE SHOPS AND, AND HEAD SHOTS, HEAD SHOPS. UM, I, I'VE GOT A, YOU KNOW, I I'M GOT A BONE TO PICK. UM, YOU KNOW, THE, THE AREA WHERE I LIVE, WE HAVE A LOT OF 'EM. UM, AND I WALK, UM, MY KIDS EVERY WEEK PAST ONE OF 'EM THAT'S IMMEDIATELY PLACED RIGHT NEXT TO MY NEIGHBORHOOD. THIS WAS OF COURSE BEFORE THE BREATH ACT. UM, IT, YOU KNOW, I HAVE TO EXPLAIN TO MY KIDS WHILE I'M LIKE WALKING, YOU KNOW, THROUGH THE PARKING LOT, , UH, HEY, DON'T DO DRUGS. YOU KNOW, KIDS DON'T DO DRUGS. UH, AND I DO THAT EVERY WEEK. IT, I THINK IT'S SIGNIFICANT HERE, THE PLACEMENT, UM, THAT IT'S NOT JUST THAT IT'S, YOU KNOW, A, UH, UM, INSTITUTION OF HIGHER LEARNING, BUT THAT IT'S SET BACK THAT IT'S NOT UP ON A RESIDENTIAL AREA. EVEN. SO, LIKE THE RISK OF LIKE, FOR EXAMPLE, THE PEDESTRIAN EXAMPLE, THIS ISN'T, AT LEAST WHEN I LOOK AT GOOGLE MAPS AND AT THE, UM, YOU KNOW, THE MAP THAT THE IN THE CITY STAFF REPORT, THIS IS NOT A HIGH TRAFFIC, YOU KNOW, PEDESTRIAN AREA. UM, LOOKS LIKE IT'S WITHIN A SHOPPING CENTER, UM, WHICH I THINK A LOT MORE APPROPRIATE. I KNOW THAT'S NOT WHAT THE BREATH ACT SAYS, BUT, UM, IT AT LEAST MAKES ME COMFORTABLE TO, TO SUPPORT THE MOTION, UM, FOR THOSE REASONS. ALRIGHT. ANY FURTHER DISCUSSION? LEFT? SEEING NONE DISCUSSION. RIGHT. SEEING NONE, UH, I'LL SUPPORT THE MOTION FOR THE SAME REASONS AS PREVIOUSLY STATED. UH, THE MOTION IS FOR APPROVAL OF ITEM NUMBER 24 BY COMMISSIONER SIPES WITH A SECOND. OH MY GOSH, WHAT IS WRONG WITH ME TODAY BY OSA COMMISSIONER OSA. THAT'S RIGHT. THANK YOU SO MUCH. UH, ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER NOOSA? YES. COMMISSIONER KELLUM? YES. COMMISSIONER LO? YES. COMMISSIONER RODRIGUEZ? YES. COMMISSIONER HUEY. AYE. COMMISSIONER KELLY? NO. COMMISSIONER BEL AYE. COMMISSIONER WIT? YES. COMMISSIONER PANA. YES. CHAIR BUS. AYE. MOTION CARRIES. ALRIGHT, WELL, SO THIS TIME I GET TO SAY AGAIN, WE'RE A RECOMMENDING BODY, BUT YOU'VE BEEN RECOMMENDED FOR APPROVAL AND YOU HAVE TO GO TO CITY COUNCIL IN SIX MONTHS. SO GOOD LUCK TO YOU. GOOD LUCK TO YOU BOTH. TAKE CARE. ALRIGHT, OUR NEXT ITEM PLEASE. NOPE. THANK YOU, . ALRIGHT. THIS IS DOESN'T DO PRESENTATION. IT DOESN'T, IT LIKE LAGS. THAT'S ALL RIGHT. FAIR ENOUGH. ALRIGHT. GOOD AFTERNOON EVERYONE. LOGAN SPARROW, ASSISTANT DIRECTOR FOR DEVELOPMENT SERVICES. A BRIEF PRESENTATION FOR YOU ON THE UDC AMENDMENTS RELATED TO DETENTION FACILITIES. UH, I WANNA START OFF JUST WITH A LITTLE BIT OF BACKGROUND. UM, BACK ON MARCH 5TH, UH, THE CITY COUNCIL DIRECTED CITY STAFF TO PROPOSE UDC AMENDMENTS, UM, AND OTHER CITY CODE AMENDMENTS RELATED TO THE REGULATION OF THE OPERATION OF DETENTION FACILITIES WITHIN CITY LIMITS. UM, THE PROPOSED AMENDMENTS THAT I WILL RUN THROUGH TODAY ARE INTENDED TO SAFEGUARD PUBLIC SAFETY, UM, BY, UH, NUMBER ONE REQUIRING NOTICE OF AN OPERATOR IF THEY WISH TO BUILD OR CONVERT OR OPERATE A DETENTION FACILITY, THEY HAVE TO NOTIFY THE CITY SO THAT WE'RE AWARE OF IT. UM, AND THEN WE ALSO PROPOSE SOME ACTUAL ZONING STANDARDS AS WELL. UM, IT, UH, IT IS THE RECOMMENDATION FOR AMENDMENTS THAT TO CHAPTER 35 THAT FALL [02:40:01] UNDER THE PURVIEW OF THE ZONING COMMISSION. SO I WILL FOCUS MY PRESENTATION ON THOSE AMENDMENTS IF WE CAN GO TO THE NEXT SLIDE. YEP. UM, THE PROPOSED, UH, AGAIN, THE PROPOSED AMENDMENTS HERE ARE ALL ABOUT THE PRESERVATION OF PUBLIC SAFETY. UM, THE PROPOSED AMENDMENTS THEMSELVES, NUMBER ONE, DEFINE WHAT A DETENTION FACILITY IS. AN APPENDIX A OF THE UDC, IT DIFFERENTIATES THAT DEFINITION, UH, FROM THE EXISTING DEFINITION FOR CORRECTIONAL FACILITIES, UH, WHICH ARE, UH, MORE RELATED TO STATE LEVEL OPERATIONS AS DEFINED CURRENTLY. UM, AGAIN, WE ARE ADDING A MANDATORY NOTICE PROVISION TO CHAPTER 35 THAT THE CITY'S BUILDING OFFICIAL, OUR DIRECTOR NEEDS TO BE NOTIFIED IF ANY ENTITY WISHES TO BUILD, CONVERT, CONSTRUCT, OR OPERATE ONE OF THOSE FACILITIES. UM, AND THEN WE ARE ALSO ADDING, AND THIS IS MORE BROADLY FOR, FOR DETENTION FACILITIES MOVING FORWARD, UH, A ZONING REQUIREMENT THAT THEY MAY NOT OPERATE, UH, OR BUILD WITHIN A THOUSAND FEET OF A RESIDENTIAL AREA, A PRIMARY OR SECONDARY SCHOOL, BUT ALSO PUBLIC PARKS AND THEN PLACES OF WORSHIP. UM, ONE IMPORTANT NOTE, UH, OR ONE DISTINCTION I WANT TO REITERATE IS THAT IN ACCORDANCE WITH FEDERAL AND STATE LAW, UH, DETENTION FACILITIES THAT ARE UNDER THE CONTROL, THE ADMINISTRATION OR THE JURISDICTION OF A STATE OR FEDERAL AGENCY WILL REMAIN EXEMPT. THE APPLICABILITY AMENDMENTS TO THE UDC SIMPLY STATE THAT WE ARE GOING TO ASSUME THAT OUR CHAPTER 35 APPLIES UNLESS, AND UNTIL IT IS DEMONSTRATED THAT IT DOES NOT BY ONE OF THOSE STATE OR FEDERAL AGENCIES. SO THE AMENDMENTS THEMSELVES ARE VERY BRIEF. WE CAN CERTAINLY PUT THEM UP ON THE SCREEN. UM, WE CAN GO TO THE NEXT SLIDE. STAFF DOES RECOMMEND APPROVAL TODAY. UH, THE DIRECTION FROM CITY COUNCIL WAS TO RETURN TO THEM WITHIN 45 DAYS, WHICH IS WHY THIS IS ON A RELATIVELY EXPEDITED TIMELINE. UM, BUT WE ARE PROPOSING OR WE ARE RECOMMENDING THAT THESE UDC AMENDMENTS BE, UH, APPROVED AND FORWARDED TO COUNSEL, UH, FOR THEIR FINAL CONSIDERATION. THANK YOU. ALRIGHT. THANK YOU MR. SPARROW. IS THERE ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. WE CAN JUST PUT IT ON THE SCREEN AS WELL. IT MAKES ME WANT ASK IF THERE ARE VOICEMAILS. UM, NO VOICE. NO, I'M KIDDING. I'M KIDDING. I'M KIDDING. ALRIGHT. UM, BECAUSE THIS IS A CITYWIDE, UH, ISSUE, UH, WE ARE GOING TO, OH NO, WE'LL BEGIN WITH YOU COMMISSIONER PANA, ANY QUESTIONS? NO, NOT YET. ALRIGHT, VERY GOOD. ALRIGHT, UH, IN THAT CASE WE'LL COME TO, UH, COMMISSIONERS ON MY RIGHT QUESTIONS. YES. CAN YOU HELP ME UNDERSTAND WHAT YOU SAID JUST NOW? YOU SAID THE AMENDMENT WILL, THE APPLICANT WILL COME TO THE CITY AND THE CITY WILL DECIDE IF IT'S APPLICABLE. SO HELP ME UNDERSTAND, WITHIN THIS AMENDMENT, WHO WILL MAKE THAT DETERMINATION? MM-HMM . AND IS THERE A TIME PERIOD THAT THEY HAVE TO MAKE THAT DETERMINATION? THERE'S NOT A TIME PERIOD CODIFIED IN THE CODE. I, I CAN TELL YOU, I CAN GIVE YOU SIMILAR EXAMPLES. WE'VE HAD, UM, UT HEALTH SCIENCE CENTER COME TO US WITH A PROJECT AND YOU KNOW, WE'RE ASKED, YOU KNOW, DO THEY HAVE TO OBTAIN PERMITS FROM US? WE'LL TYPICALLY COORDINATE WITH THE CITY ATTORNEY'S OFFICE, UT HEALTH SCIENCE CENTER AS A STATE LEVEL AGENCY, THEY DON'T HAVE TO GET PERMITS FROM THE CITY OF SAN ANTONIO. SO IT DOESN'T NECESSARILY CHANGE THE PROCESS THAT EXISTS TODAY. IT JUST HELPS TO FLESH OUT IN THE CODE THAT WE WILL GENERALLY DEFAULT TO THE ASSUMPTION THAT OUR CODE APPLIES UNLESS, AND UNTIL THE APPLICANT CAN DEMONSTRATE TO US THAT IT DOES NOT. SO. SO YOU DIDN'T ANSWER THE FIRST PART WHO WITHIN THE CITY OF SAN ANTONIO WOULD MAKE THAT DETERMINATION? DEVELOPMENT SERVICES DEPARTMENT AND THE CITY ATTORNEY'S OFFICE. YEAH, SORRY. THANK YOU. ALRIGHT, ANY FURTHER QUESTIONS? YES, COMMISSIONER HINOJOSA. SO HELP ME CLARIFY A COUPLE OF THINGS. UH, NUMBER ONE, DO WE HAVE ANY CURRENT FACILITIES THAT WOULD BE AFFECTED BY THIS CHANGE? NUMBER ONE, I SUPPOSE, WHICH PORTION OF THE CHANGE ARE YOU TALKING ABOUT? LIKE REQUIRING A REZONING OR NOTIFICATION PROCEDURES OR I GUESS REQUIRING A, A REZONING, UH, BECAUSE MY INTERPRETATION OF THIS IS BASICALLY IF, IF IT'S A STATE OR FEDERAL JURISDICTION, THE BUILDING THEY BUILT, I MEAN, IT'S, THEY, WE ASK WHO ARE YOU? THEY SHOW US THEIR BIG BADGE AND WE SAY, OKAY, ON YOUR WAY. UM, SO WHO WOULD THIS WOULD, THIS WOULD CHANGE, THIS WOULD BE, I GUESS A THIRD PARTY ENTITY THAT WOULD BE A, UH, [02:45:01] A CONTRACTOR FOR MAYBE A FEDERAL OR STATE AGENCY WHO WOULD PURCHASE LAND OR BUILDING. YEAH. SO I GUESS LET, LET ME KIND OF WALK YOU THROUGH TWO HYPOTHETICALS THAT I HOPE ANSWER YOUR QUESTION. SO, IF A PRIVATE ENTITY COMPLETELY REMOVED OF THE STATE OR FEDERAL LEVEL GOVERNMENT WISH TO OPEN A PRIVATE CORRECTIONAL FACILITY, THEY WOULD HAVE TO COMPLY WITH THE ZONING REGULATIONS THAT ARE PROPOSED TODAY. THEY COULD NOT BE WITHIN A THOUSAND FEET OF A RESIDENTIAL AREA, SCHOOLS, UH, PLACES OF WORSHIP OR A PARK UNLESS CITY COUNCIL GRANTED THEM THAT AUTHORITY. SIMILAR TO THE BREATH ORDINANCE. IN THAT EXAMPLE, AGAIN, WE'RE GOING TO ASSUME THAT OUR CHAPTER 35 APPLIES. THEY WOULD NOT BE ABLE TO DEMONSTRATE THAT THEY ARE EXEMPT FROM 35 BECAUSE THERE IS NO NEXUS TO A STATE OR FEDERAL, UH, UH, ENTITY THAT CHANGES IF THERE IS A CONNECTION TO A STATE OR FEDERAL ENTITY. SO, UM, I I THINK THAT, I DON'T KNOW IF YOU WANNA CHIME IN ANYTHING MORE ON THAT. NO, I THINK THAT THAT'S EXACTLY CORRECT. AGAIN, I GUESS EXAMPLE NUMBER TWO IS THEY COME TO US AND SAY WE ARE UNDER CONTRACT WITH SOME STATE OR FEDERAL AGENCY. THEY SUBMIT THAT FOR US AND CITY ATTORNEY'S OFFICE TO REVIEW. AND IF THAT, IF THAT IS THE CASE, THEN CHAPTER 35 WOULD NOT APPLY. AND IS THERE, MAYBE I JUST MISSED IT, BUT IF CATHOLIC CHARITIES OR SOME ORGANIZATION LIKE THAT OPENS UP A FACILITY, UH, I KNOW WE DEFINE THE WORD DETENTION, BUT IS IS THAT THE DETERMINING FACTOR? UH, YEAH. CAN, CAN WE, UM, IF YOU FLIP THE PAGE, WE HAVE A DEFINITION. UH, GO TO THE NEXT PAGE. SORRY. DEFINITION OF DETENTION FACILITY. YEAH, SO THE DETENTION FACILITY DEFINITION, UH, IS A TEMPORARY OR PERMANENT BUILDING OR PART THEREOF SET OF BUILDINGS STRUCTURE OR AREA WHETHER OR NOT IT IS ENCLOSED THAT WAS BUILT OR RETROFITTED FOR THE PURPOSE OF DETAINING, CONFINING OR PROCESSING INDIVIDUALS OR FAMILIES IN CUSTODY. SO PROBABLY NOT FOR A CHARITABLE ORGANIZATION. THIS WOULD APPLY TO AGENCIES WITH ARREST POWER, PEOPLE THAT ARE UNDER CONTRACT TO PERFORM THAT SORT OF WORK WITH AN AGENCY THAT IS, UM, THOSE ARE THE ENTITIES THAT IT WOULD POTENTIALLY APPLY TO. AND MY LAST QUESTION KIND OF GOES BACK TO MY FIRST QUESTION. DO WE CURRENTLY HAVE ANY ORGANIZATIONS LIKE THAT OR FACILITIES LIKE THAT, THAT WOULD BE AFFECTED BY THIS? WE DO NOT HAVE ANY IN SAN ANTONIO RIGHT NOW THAT WOULD REQUIRE A CHANGE OF ZONING. ALRIGHT. THANK YOU. ALRIGHT, THANK YOU SO MUCH. ANY FURTHER QUESTIONS? RIGHT? COMMISSIONERS LEFT. UH, LET'S GO VO AND THEN LO SO, UH, THE, UH, RESOLUTION FROM THE CITY COUNCIL. UM, DO WE, UH, DO WE HAVE A COPY OF IT OR SORRY, FOREST, CAN YOU GRAB THOSE? I APOLOGIZE. I PRINTED OUT A COPY FOR OH, RIGHT. AND TOTALLY FORGOT TO HAND IT OUT. NO, NO, BUT, BUT THANK YOU. I SO, UH, I, I WAS ABLE TO FIND IT EVENTUALLY, YOU KNOW, BUT, UH, THE, SO CITY COUNCIL DIRECTED, UH, STAFF AND, YOU KNOW, TO THEN, AND THEN TO BRING IT TO THE ZONING COMMISSION PRIOR TO CITY COUNCIL FOR FINAL ACTION TO, UH, LOOK AT POLICY CHANGES TO LIMIT DETENTION FACILITIES TO PROTECT HEALTH, SAFETY AND WELFARE. IS THAT A CORRECT READING OF THE, UH, I BELIEVE IT IS. OKAY. YEAH. SO WORKING FROM THAT, WHAT ABOUT DETENTION FACILITIES REQUIRES PROTECTION OF HEALTH, SAFETY AND WELFARE? WHAT, WHAT ARE THE CHARACTERISTICS OF A DETENTION FACILITY THAT REQUIRE THAT EXERCISE OF THE POLICE POWER? WELL, CERTAINLY THE KEEPING OF PEOPLE IN A FACILITY AND CLOSE CONFINEMENT. UM, I THINK THE EXAMPLE THAT HAS BEEN IN THE NEWS WAS THE EXAMPLE OF A WAREHOUSE THAT WAS NOT DESIGNED, UH, TO ACCOMMODATE PEOPLE. IT WAS DESIGNED TO ACCOMMODATE PRODUCTS AND MERCHANDISE. AND WE THINK THAT AT LEAST AT AN ABSOLUTE MINIMUM NOTIFICATION TO THE FIRE DEPARTMENT, THAT X NUMBER OF PEOPLE MAY BE HOUSED IN THAT FACILITY IF THERE IS AN EMERGENCY, IS IMPORTANT FOR THE FIRE DEPARTMENT TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE. SO WOULD THAT SAME CONSIDERATION APPLY TO, UH, JAILS, PRISONS, SCHOOLS? SURE. SO WHY TREAT DETENTION FACILITIES DIFFERENTLY THAN SCHOOLS, PRISONS AND JAILS? I THINK WHAT THIS PROCESS IS TRYING TO DO IS NOT TREAT THEM DIFFERENTLY. THAT WE WANT AN OPPORTUNITY TO UNDERSTAND WHO IS GOING TO BE HOUSED IN A FACILITY SO THAT WE CAN PLAN FOR EMERGENCY [02:50:01] SERVICES. JAILS AND PRISONS ARE REVIEWED AND THEY'RE, YOU KNOW, WE HAVE FIRE PROTECTION SYSTEMS THAT GET INSTALLED IN THEM THAT ARE REVIEWED BY THE FIRE DEPARTMENT. SO THEY UNDERSTAND IN OTHER FACILITIES THAT MAY OR MAY NOT BE RETROFITTED, THAT DON'T NEED PERMITS OR REVIEWS. THAT'S WHERE THE CONCERN ON PUBLIC SAFETY IS FOCUSED. SO MAYBE YOU COULD HELP ME WALK ME THROUGH, YOU KNOW, A HYPOTHETICAL DEVELOPMENT OF A, A STATE CORRECTIONAL FACILITY. SO IF THE STATE WANTED TO BUILD A CORRECTIONAL FACILITY IN SAN ANTONIO MM-HMM . UM, THEY NEED TO APPLY FOR A PERMIT WITH THE CITY. IS THAT THE PROCESS OR, SO I'LL SAY THAT RELATED TO STATE CORRECTIONAL FACILITIES, THEY'RE ACTUALLY REGULATED HEAVILY BY THE STATE AND THERE ARE VERY SPECIFIC STATE STATUTES THAT DSD IS NOT AN EXPERT IN AND WOULD NOT BE ABLE TO ANSWER RELATED TO THAT QUESTION. OKAY. BUT THIS, I THINK WHAT WE'RE TALKING ABOUT DETENTION FACILITIES, WE'RE TALKING ABOUT FEDERAL, I CAN'T IMAGINE PRIVATE ORGANIZATIONS UNAFFILIATED WITH THE FEDERAL GOVERNMENT OPENING DETENTION FACILITIES. THAT SOUNDS PRETTY DYSTOPIC TO ME. WE'RE TALKING ABOUT DETENTION FACILITIES RELATED TO THE FEDERAL GOVERNMENT, RIGHT? ISN'T THAT KIND OF WHAT'S THE ISSUE? IT WOULD, THE NOTICE PROVISION WOULD APPLY TO BOTH. BUT JUST TO BE CLEAR, THERE ARE ABSOLUTELY PRIVATE DETENTION FACILITIES THAT OPERATE NOT IN SAN ANTONIO, BUT THERE ARE ABSOLUTELY PRIVATE DETENTION FACILITIES OUT THERE LIKE PRIVATE PRISONS. YES. BUT AREN'T THEY REGULATED UNDER THE STATE RULES OR ARE THEY JUST EXEMPT? THEY CAN JUST OPEN UP AND HOLD PEOPLE WITHOUT HABEAS CORPUS. SO EVERYTHING IS VERY FACT SPECIFIC. AND SO IT IS ALL CONTEXTUAL BASED ON THE ACTUAL CONTRACT AND WHAT AUTHORITY HAS BEEN SEATED BY A PARTICULAR GOVERNMENT. WHETHER IT IS THE FEDS OR AT THE STATE LEVEL OR AT THE LOCAL LEVEL TO THOSE PRIVATE FACILITIES THAT WOULD DETERMINE WHAT RULES ACTUALLY APPLY TO THEM. OKAY. WHICH BRINGS ME BACK THOUGH TO THE ISSUE WITH THE STATE INSTITUTIONS MM-HMM . SO IF THERE WAS A STATE INSTITUTION, IT'S FACT SPECIFIC, IT'S UP TO THEM, IT'S UP TO THEIR REGULATIONS. WE'RE NOT THE ONES IN CONTROL. SHOULDN'T WE BE TREATING THEM THE SAME AS THE FEDERAL DETENTION FACILITIES? I I'M SORRY TO, I I KNOW THAT I'M ASKING THE SAME QUESTION, BUT I'M, I'M NOT GETTING THE DISTINCTION. SORRY. NO, APOLOGIZE. I JUST WANNA MAKE SURE, I THINK WE ACCIDENTALLY SAID FIVE MINUTES FOR THIS QUESTIONING. IT SHOULD BE 10. SO WHEN THIS CLOCK TURNS OVER, IF WE COULD ADD FIVE MORE MINUTES, I, I THINK THE CONCERN THAT WE HAVE IS THAT WHILE PRISONS THAT ARE BUILT AND CONSTRUCTED AND OPERATED AT THE STATE LEVEL ARE OVERSEEN BY STATE LEVEL AGENCIES AND REVIEWS, WE DON'T HAVE THAT SAME LEVEL OF ASSURANCE FOR FACILITIES THAT MAY BE RETROFITTED BY OTHER AGENCIES. AGAIN, WE DON'T HAVE, IN THAT SITUATION THE PURVIEW TO APPLY OUR BUILDING PERMIT REQUIREMENTS AND CONDUCT FULL REVIEWS. WE'RE AT LEAST JUST TRYING TO BE PUT ON NOTICE OF WHAT THE INTENT IS, THE NUMBER OF PEOPLE THAT MAY BE HOUSED IN THAT FACILITY SO THAT WE CAN RESPOND FOR EMERGENCIES. SO, AND, AND NOW I WOULD ALSO ADD THAT IT, THE WAY THAT THE CHANGES READ, WE ARE TO SOME EXTENT TREATING FEDERAL AND STATE THE SAME IN THE SENSE OF THE PROVISIONS. YOU START OUT FROM THE POSITION OF EVERYTHING APPLIES WITHIN CITY LIMITS. THE WAY THAT THEY WOULD BECOME EXEMPT IS DIFFERENT. SO THE STATES WOULD BE EXEMPT BECAUSE POTENTIALLY OF STATE REGULATIONS VERSUS THE FEDS WOULD BE EXEMPT POTENTIALLY BECAUSE OF FEDERAL REGULATIONS. AND SO WE ARE NOT NECESSARILY TREATING THEM ANY DIFFERENTLY BECAUSE WE'RE STARTING OFF FROM THE VIEWPOINT OF IF YOU'RE HAVING A DETENTION CENTER FACILITY WITHIN THE CITY OF SAN ANTONIO LIMITS, THEN RULES APPLY TO YOU UNTIL YOU COME AND SHOW US THAT YOU ARE EXEMPT. OKAY. SO TO PUSH BACK A LITTLE BIT ON THAT, CLARIFY FOR ME, THE STATE CORRECTIONAL AND REHABILITATIVE FACILITIES, THIS PROPOSED ORDINANCE WOULD NOT APPLY TO THOSE. IF THEY ARE TRULY STATE FACILITIES AND MEET THE REGULATIONS THAT ARE REQUIRED OF THEM UNDER THE STATE, THEN YES, THEY WOULD BE EXEMPT. RIGHT. SO THAT, THAT, THAT IS DIFFERENT. RIGHT? THEY'RE, THEY'RE EXEMPT. THEY, THEY DON'T HAVE THESE ADDITIONAL NOTICE REQUIREMENTS. THAT IS A DIFFERENCE. RIGHT. BUT NEITHER WOULD THE FEDS IF IT IS TRULY A FEDERAL FACILITY. GOT IT. SO IF IT'S TRULY A FEDERAL FACILITY, THEY WOULDN'T APPLY HERE ANYWAYS. OKAY. ALRIGHT. SO I, I GUESS THAT TO CONFIRM THIS, YOU HAD BROUGHT UP TWO HYPOTHETICALS WITH PRIVATE ACTORS COMING AND APPLYING. IF THE FEDS SHOWED UP TOMORROW AND SAID, HEY, WE WANT TO OPEN UP A FACILITY ON THE EAST SIDE, WOULD THEY HAVE TO PROVE A NEXUS TO THE FEDERAL GOVERNMENT? OR DOES THE DEVELOPMENT SERVICES SAID, HEY, WHY DID YOU SHOW UP HERE IN THE FIRST PLACE? HOW DOES THAT, HOW DOES THAT WORK? YEAH, THEY WOULD, THEY WOULD HAVE TO, THEY WOULD HAVE TO DEMONSTRATE TO THE CITY HOW IT IS THAT THEY DON'T HAVE TO COMPLY. [02:55:01] WE START FROM THE ASSUMPTION THAT OUR RULES APPLY TO EVERYONE. WE ACCEPT THAT THERE ARE SITUATIONS WHERE THEY DON'T APPLY, BUT YOU HAVE TO PROVE TO US, YOU HAVE TO SHOW US THAT YOU MEET THAT EXEMPTION. I DON'T HAVE A CRYSTAL BALL. I DON'T KNOW, I DON'T KNOW WHO THEY ARE JUST BECAUSE THEY WALKED THROUGH THE DOOR. SO IF THEY WANNA SAY WE DON'T HAVE TO COMPLY WITH YOUR LOCAL REGULATIONS, FINE. WE ACCEPT THAT MAY BE THE CASE. SHOW US HOW. SO, UH, IF I COULD ASK, SO JUST SO I UNDERSTAND WHERE THE BOUNDS ARE HERE. UM, CITY ATTORNEY'S OFFICE, IF THE, IF ICE SHOWED UP AND SAID WE WANT TO BUILD, YOU KNOW, A FEDERAL IMMIGRATION DETENTION FACILITY AND THE CITY ATTORNEY'S OPINION IS, IS THAT A GRAY AREA WHERE, WHERE WE HAVE TO FIGURE IT OUT? OR IS THAT CLEAR THAT THE LOCAL GOVERNMENT IS PREEMPTED CONSTITUTIONALLY? THE FEDERAL GOVERNMENT, UH, AS HAS BEEN STATED, WOULD BE EXEMPT FROM THE REQUIREMENTS OF OBTAINING PERMITS, UH, INSPECTIONS BY THE CITY WHERE THE DIFFERENTIATION IS THE STATE FACILITIES. THEY, UH, THEY HAVE, UH, LAID OUT ALL THE RESTRICTIONS THEY HAVE TO COMPLY BY IN ORDER TO HOUSE INDIVIDUALS. THE STATE HAS THEIR OWN, UH, INVESTIGATORS. BUT THESE, LET'S SAY A JAIL LIKE, UH, THE, UH, MAGISTRATE'S OFFICE WHERE SAPD TAKES, UH, PERSONS WHO ARE ARRESTED TO BE MAGED, IT'S A MUNICIPAL FACILITY, THEN THEY GET TAKEN OVER TO BEAR COUNTY PRISON. THERE IS AN AGREEMENT, NOT THAT THEY, UH, EITHER HAS TO GET PERMITS OR INSPECTIONS FROM THE CITY, BUT THEY DO PROVIDE US NOTICE OF WHO TO CONTACT IN EMERGENCY SITUATIONS. SO, UH, THE DISTINCTION IS THEY'RE, UH, THEY'RE NOT REQUIRED TO OBTAIN ALL THE PERMITS IF THEY PROVIDE THE NEXUS, BUT WE STILL NEED TO BE NOTIFIED OF A CONTACT PERSON. UH, SPECIFICALLY THE FIRE DEPARTMENT NEEDS TO KNOW THE LAYOUT OF, UH, A PROPOSED DETENTION FACILITY SO THAT NOT ONLY CAN THEY, UH, PROTECT THE OCCUPANTS INSIDE 'CAUSE THERE'S NOT A FEDERAL FIREFIGHTING FORCE, THE, THE CITY WOULD HAVE TO RESPOND, BUT IT'S ALSO TO PROTECT OUR FIRST RESPONDERS SO THAT THEY CAN BE ADEQUATELY PREPARED TO ADDRESS WHATEVER SITUATION ARISES. SO IT, IT'S, IT'S NOT AN ISSUE OF, UH, ONCE THEY PROVE THE NEXUS TO A FEDERAL AGENCY, IT'S JUST TO NOTIFY THE CITY SO THAT WE CAN BE ADEQUATELY PREPARED TO, UH, PROTECT PEOPLE, UH, WITHIN CITY LIMITS AND ALSO, UH, TO PROTECT OUR FIRST RESPONDERS. ALRIGHT. YEP. TIME'S UP. VERY GOOD. UH, COMMISSIONERS TO MY LEFT QUESTIONS? UH, I SAID COMMISSIONER LO THEN COMMISSIONER ETT. THANKS FOR THE INFORMATION. UM, I WANTED TO CHECK IN, I KNOW THIS PART OF THIS IS BECAUSE OF THE EAST SIDE PURCHASE THAT HAPPENED ABOUT A MONTH AGO. SO JUST WANNA CONFIRM IF THIS WOULD APPLY TO THE EAST SIDE FACILITY THAT GOT PURCHASED. THIS CHAPTER 35, CHAPTER 35 WOULD APPLY UNTIL IT WAS DEMONSTRATED THAT THEY ARE EXEMPT. OKAY. AND THE, THE BURDEN OF PROOF ON THE EXEMPTION THAT IT'S FEDERAL GOVERNMENT COMES FROM THEM THAT THEY WOULD SUBMIT TO DSD? CORRECT. OKAY. ALSO CURIOUS IN THE LANGUAGE ADDED ON THAT SECOND PAGE ABOUT THE NOTICE, IT DOESN'T SPECIFICALLY INCLUDE LIKE SALE OR PURCHASE. IS THAT INCLUDED IN THIS FROM YOUR UNDERSTANDING SALE? LET ME GO TO WHAT SECTION OF THE CODE? I'M SORRY. UM, E DID THE NOTICE OF CERTAIN CITY OFFICIALS. I JUST KNOW THAT THE EAST SIDE FACILITY WAS A PURCHASE THAT HAPPENED. AND THIS TALKS ABOUT LIKE BEGINNING WORK OR CONSTRUCTION OR OPERATIONS, BUT NOT SPECIFICALLY A SALE OR PURCHASE. SO JUST WONDERING IF THAT'S PART OF A NOTIFICATION PROCESS TOO. THE, THE SALE OR THE PURCHASE WOULD NOT REQUIRE THE NOTICE. IT'S THE, IN, IN THIS CASE, IT'S THE INTENT TO OPERATE OR RETROFIT THAT WOULD REQUIRE THE NOTIFICATION BUT NOT THE SALE. OKAY. SOUNDS GOOD. THANK YOU. AND THEN, UM, ON THAT SAME PAGE, JUST MOVING DOWN, LOOKING AT THE, THE NEW DETENTION [03:00:01] FACILITY ZONING DISTRICT. SO JUST WANNA MAKE SURE I UNDERSTAND CORRECTLY. IF A CERTAIN PLOT THAT WAS INTENDED TO BE USED FOR A DETENTION FACILITY WASN'T ALREADY ZONED I ONE IT WOULD NEED TO BE FIRST REZONED I ONE AND THEN GRANTED THE SPECIFIC THAT'S CORRECT. USE? CORRECT. OKAY. SO THEY, IF THEY WERE C TWO, THEY WOULD REZONE TO I ONE S. OKAY. OKAY. AND THEN I HAVE ONE MORE QUESTION, UM, ON THE NEXT PAGE AROUND SECTION 35 3 9 8 0.02, OR SORRY, OH THREE MM-HMM . ON APPLICABILITY. I KNOW YOU TALKED ABOUT NOT WANTING DETENTION FACILITIES CLOSE TO THE SECONDARY SCHOOL PLACE OF WORSHIP RESIDENTIAL. UM, SINCE DETENTION FACILITIES ARE HOUSING PEOPLE, I'M CURIOUS IF THERE IS DISCUSSION OR ANY CONVERSATION AROUND, UM, JUST BECAUSE IT'S I ONE THINKING THAT SOMETIMES THOSE CAN BE REALLY HAZARDOUS ZONINGS, LIKE NEIGHBORING EACH OTHER. SO IS THERE ANY LIKE PROTECTIONS OR SPECIFICATIONS THAT THE DETENTION CENTERS ARE NOT NEXT TO LIKE POLLUTANTS OR LIKE SITES THAT WOULD OTHERWISE BE HARMFUL TO HUMANS, IF THAT MAKES SENSE. ? IT DOES. WE, WE DON'T, CERTAIN, WE DON'T HAVE ANYTHING IN THE CODE TODAY, BUT THE FACT, OR IN THIS PROPOSAL I SHOULD SAY, BUT IT IS, UH, AUTHORIZED BY A SPECIFIC USE AUTHORIZATION. SO IF A PRIVATELY OPERATED FACILITY WERE TO GO THROUGH THIS PROCESS, IT WOULD'VE A SITE PLAN, WE COULD TIE CONDITIONS TO IT AND ALL THAT TO HELP MITIGATE THAT. AWESOME. THANK YOU. ALRIGHT. THANK YOU. COMMISSIONER WHITSETT. OKAY. MIKE TO HOLD IT DOWN, YOU HAVE TO HOLD IT DOWN. ALRIGHT. I'M THE ONLY ONE WITH THE SPECIAL MIC . OKAY. UH, LET ME START HERE. UM, THE RESOLUTION THAT WE JUST READ, IT'S DIRECTED, UH, THIS ENTIRE PROCESS AND IT CONTAINS NO DEADLINE. THERE'S NO 45 DAYS, NO CLOCK OF ANY KIND. WHERE DID THAT TIMEFRAME ORIGINATE FROM? WE HAD PRESENTED ON MARCH 5TH TO CITY COUNCIL TO POTENTIAL TIMELINES IN THE STAFF'S PRESENTATION. AND WE WERE TOLD, UH, ON THE MOTION TO DO THIS WITHIN 45 DAYS. OKAY. IT'S JUST NOT IN A RESOLUTION. YEP. UM, THE, UH, ALSO ON MARCH 5TH, THE MAYOR STATED ON THE RECORD THAT SHE SUPPORTED EXPEDITING THIS AMENDMENT ON THE CONDITION THAT THIS COMMISSION RECEIVE AN ENVIRONMENTAL, UH, IMPACT STUDY AND ECONOMIC IMPACT ANALYSIS AND THE INVOLVEMENT OF THE GREATER SATX, UH, IN THAT PROCESS, UH, SECTION ONE OF THE RESOLUTION THAT FURTHER CITY STAFF SHALL TAKE THE NECESSARY OR APPROPRIATE FORWARD RECOMMENDATIONS FROM APPROPRIATE COMMISSION SUCH AS COMMISSION. I'M SORRY, CAN YOU COMMISSIONER WHAT THAT, CAN YOU LEAN FORWARD PLEASE? EXCUSE ME. I'M SORRY. LET ME HAVE TO RESTATE THAT. YEAH, THE, UH, DO I NEED TO RESTATE PART OF THAT? UH, NO. NO. OKAY. UM, I'VE GOTTA READ OFF MY PHONE. THE, UH, COMMISSION HAS RECEIVED ONE DOCUMENT WE'VE GOTTEN, UH, WELL MAYBE NOW TWO WITH THIS RESOLUTION. WE GOT THE UDC AMENDMENT. UM, AND, UH, WE HAVE NOT GOTTEN AN ENVIRONMENTAL STUDY. WE'VE NOT GOTTEN AN ECONOMIC ANALYSIS, UH, NO DOCUMENTATION FROM THE GREATER SATX, NOTHING ELSE. CAN YOU EXPLAIN TO US HOW STAFF CONCLUDED THAT A SINGLE DOCUMENT OR NOW TWO LITTLE DOCUMENTS SATISFIES THE CONDITION THE MAYOR PLACED ON HER OWN VOTE, UH, WHICH WAS TO BRING ALL THIS STUFF TO US? SURE. AND WHERE IS THAT INFORMATION? SO I, I THINK THAT THE MAYOR'S STATEMENT MAY BE CONFUSED. THERE WAS TESTIMONY PRESENTED BY THE CITY ATTORNEY'S OFFICE ON A LITANY OF THINGS THAT CITY COUNCIL COULD POTENTIALLY CONSIDER AS IT RELATES TO THIS FACILITY. ONE OF THEM WAS TRYING TO DETERMINE WHETHER OR NOT THIS FEDERAL ACTION REQUIRES AN ENVIRONMENTAL IMPACT STUDY, BUT THEY DID NOT REQUIRE THE ENVIRONMENTAL IMPACT STUDY AS A CONDITION TO PRESENT TO ZONING COMMISSION. ENVIRONMENTAL IMPACT STUDIES CAN TAKE A YEAR OR LONGER ASKING US TO DO THAT AND BRING AMENDMENTS BACK WITHIN 45 DAYS. THAT TIMELINE JUST DOESN'T ADD UP. THERE WAS ALSO TESTIMONY FROM THE MAYOR THAT MAYBE WE NEED TO LOOK AT WORKING WITH SATX TO UNDERSTAND THE ECONOMIC IMPACT OF WHAT A FACILITY LIKE THIS MAY DO, UH, TO THE DETRIMENT OF THE EAST SIDE. BUT AGAIN, THAT WAS NOT REQUIRED TO BE PRESENTED TO ZONING COMMISSION. WE WERE ASKED TO DEVELOP AMENDMENTS ON AN EXPEDITED TIMELINE, PRESENT THEM TO THE ZONING COMMISSION AND RETURN TO CITY COUNCIL. YEAH, AND JUST TO ADD TO WHAT LOGAN WAS SAYING, SO THERE'S MULTIPLE, UM, ISSUES THAT THE CITY IS LOOKING AT FROM DIFFERENT ANGLES RELATED TO THIS BASED ON THE CITY COUNCIL FEEDBACK, UH, FROM A COUPLE OF [03:05:01] DIFFERENT MEETINGS. AND SO WHAT IS IN FRONT OF YOU TODAY IS WHAT IS UNDER THE PURVIEW OF ZONING COMMISSION, BUT THAT'S NOT THE ENTIRETY OF WHAT CITY COUNCIL MAY BE CONSIDERING IN FUTURE. UM, ALSO IN UD IN THE UDC SECTION 35 11 A, IT REQUIRES A COST IMPACT STATEMENT FOR EVERY UDC AMENDMENT. UH, THIS PACKET SAID NONE WITH NO ANALYSIS ATTACHED. WHERE IS THAT COST IMPACT STATEMENT? DID YOU PREPARE IT? THIS THERE WAS NO COST IMPACT FOR THESE UDC AMENDMENTS. WHY NOT? IT SAYS THAT IT'S REQUIRED CHANGING THE TEXT OF THE UDC DOES NOT HAVE A COST IMPACT. SO THERE IS NOT A COST IMPACT STATEMENT THAT WAS PREPARED FOR THIS PROPOSED AMENDMENT. SO THIS IS NOT AN AMENDMENT, THIS IS A UDC AMENDMENT. OKAY. IT SAYS UDC SECTION 1 11 35 DASH 11 A REQUIRES A COST IMPACT STATEMENT FOR EVERY UDC AMENDMENT. YEAH, THAT, I DON'T THINK THAT THAT IS THE WAY THAT THE CITY HAS HISTORICALLY RUN IT. THIS COMMISSION VOTED ON 191 UDC AMENDMENTS IN 2021, NONE OF WHICH HAD A COST IMPACT STATEMENT. SO YOU'RE SAYING THAT Y'ALL DON'T HAVE TO FOLLOW THE UDC, I'M SAYING WE DID NOT PREPARE A COST IMPACT STATEMENT. ALRIGHT. UH, NEED TO PUSH THIS DOWN HERE AGAIN. THE, UH, 1000 FOOT STANDARD, UH, YOUR MARCH 5TH SLIDE DESCRIBED A THOUSAND FOOT REQUIREMENT. FOR EXAMPLE, UH, DOES A PLANNING STUDY OR DOCUMENTED ANALYSIS EXISTS THAT CONVERTED THAT NUMBER INTO SOME TYPE OF STANDARD AS TO HOW, HOW YOU GOT THERE, YES OR NO? UH, I BELIEVE IT STEMS LARGELY FROM STATE LAW ON OTHER ZONING ITEMS THAT COURTS HAVE FOUND THAT A THOUSAND FOOT IS AN ACCEPTABLE BUFFER BEYOND A THOUSAND FEET BECOMES MUCH MORE, UH, PERILOUS LEGALLY. AND YEAH, THE A THOUSAND FEET, UH, LANGUAGE IS ACTUALLY MIRRORING THE STATE STATUTE. CAN YOU TELL ME WHICH STATE STATUTE AT SOME POINT, I DON'T NEED IT RIGHT THIS SECOND, BUT IT, WHILE I'M YEAH, WE CAN LOOK THAT UP FOR YOU. OKAY. SO YOUR ORDINANCE REQUIRES FOUR SIMULTANEOUS THOUSAND FOOT BUFFERS IN I ONE, I THINK I ONE IS THE CORRECT THAT IT'S ALLOWED IN. MM-HMM . UH, HAVE Y'ALL IDENTIFIED EVEN ONE OR MULTIPLE PARCELS THAT CLEAR ALL FOUR OF THOSE? YES. AND CAN YOU PROVIDE US A MAP, UH, AND SHOW US WHAT THAT IS HERE TODAY? UH, I CAN, I'M GONNA NEED TO TRACK IT DOWN, BUT YES, I CAN DO THAT. AND IT'S MY UNDERSTANDING THAT THERE ARE NO OTHER EXISTING DETENTION FACILITIES THAT WOULD BE IMPACTED BY THIS ORDINANCE, IS WHAT I'VE HEARD. THAT'S CORRECT. OKAY. HEY, MAY I, UH, UH, RESPOND? COMMISSIONER? YOU ASKED, UH, THE STATE STATUTES, ALL THE STATE STATUTES RELATED TO THE PROTECTION OF HEALTH SAFETY WELFARE, UH, INCLUDE CHAPTER 54 OF THE LOCAL GOVERNMENT CODE CHAPTER TWO 14 OF THE LOCAL GOVERNMENT CODE CHAPTER 3 42 OF THE LOCAL GOVERNMENT CODE. AND I BELIEVE IT'S CHAPTER, UH, 3 43 OF THE LOCAL GOVERNMENT CODE 3 43 REGULATES, UH, THAT, UH, SEXUALLY ORIENTED BUSINESSES MUST BE, UH, GREATER THAN A THOUSAND FEET FROM PROTECTED USES. CHAPTER 3 42 RELATED TO, UH, OVERGROWTH OF WEEDS OR DEBRIS, UH, CAN, IF IT IS WITHIN A THOUSAND FEET OF A PROTECTED USE, SUCH AS A SCHOOL OR A DAYCARE, THEN A SUMMARY ABATEMENT IS REQUIRED, MEANING, UH, THE CITY HAS TO ACT TO ABATE IT. CHAPTER TWO 14 OF THE LOCAL GOVERNMENT CODE RELATES TO DANGEROUS STRUCTURES, UH, STRUCTURES THAT PRESENT A HAZARD, UH, BECAUSE OF, UH, UNIDENTIFIED HAZARDS FOR FIRST RESPONDERS, SPECIFICALLY THE FIRE DEPARTMENT THAT ALSO INCLUDES A THOUSAND FOOT BUFFER. AND CHAPTER 54, THE LOCAL GOVERNMENT CODE THANK YOU, ADDRESSES PUBLIC NUISANCES. IT IS THE DEFAULT STATUTE THAT PROTECTS CITIZENS HEALTH, SAFETY, WELFARE, AND IT IS A DEFAULT STATUTE THAT REQUIRES THE CITY TO ENSURE THAT THERE IS A THOUSAND FOOT BUFFER. [03:10:01] THAT WAS SUBSTANTIVE. THAT WAS MORE THAN I WANTED. IT TOOK UP A LOT OF MY TIME. UH, SO I'M REQUESTING I GET A COUPLE MORE MINUTES. OF COURSE. COMMISSIONER? WHAT'S THAT? I'LL GIVE YOU TWO, I'LL GIVE YOU THREE MORE MINUTES. OKAY. UM, ON THE NOTICE PROVISION, UM, BACK TO THAT 35 3 11, UH, THESE REQUIRE THAT SIMULTANEOUS 30 DAY ADVANCE NOTICE TO THREE CITY AGENCIES BEFORE ANYONE CAN RENOVATE, CONSTRUCT, OPERATE A DETENTION FACILITY. UM, CAN YOU NAME ANY OTHER USE IN THE UDC BARS, SEXUALLY ORIENTED BUSINESSES, PAWN SHOPS, PAYDAY LENDERS, VAPE SHOPS THAT REQUIRE THAT TYPE OF SIMULTANEOUS NOTICE TO THREE CITY AGENCIES JUST TO OPERATE? NOT OFF THE TOP OF MY HEAD, BUT I THINK THAT WE'RE DEALING WITH A UNIQUE BEAST HERE. WE'RE DEALING WITH A USE THAT WE POTENTIALLY DON'T HAVE, UNLIKE MOST OTHER USES. THE OPPORTUNITY TO GET A BUILDING PERMIT AND PLAN SETS AND THE OPPORTUNITY TO REVIEW AND INSPECT AND ULTIMATELY GRANT A CERTIFICATE OF OCCUPANCY TO, SO YOU'RE SAYING IT'S, WHY IS IT UNIQUE? BECAUSE WE POTENTIALLY DO NOT HAVE THE ABILITY TO REQUIRE PERMITS. WE DON'T HAVE THE ABILITY TO DETERMINE AN OCCUPANCY LOAD LIKE WE WOULD FOR A RESTAURANT. AND THAT'S THE, WE HAVE THE, YEAH, THAT'S THE CASE WITH OTHER FEDERAL BUILDINGS, OTHER FEDERAL USES, REGARDLESS WHETHER IT'S DETENTION OR JUST AN OFFICE BUILDING OR ANY FEDERAL USE. RIGHT. SO ARE YOU GONNA IMPOSE THAT ON ALL THE FEDERAL BUILDINGS AND NOT WITH THIS, I WANNA GIVE YOU, CAN YOU JUST PUT THIS UP THERE REAL QUICK PLEASE? THIS IS IT AN EXHIBIT THAT'S GONNA SHOW UP THERE. IT'S THE CITY'S ZONE ZONING MAP. CAN YOU SPEAK INTO THE MIC AGAIN? THANK YOU. THANK YOU. IT'S THE CITY'S ZONE ZONING MAP, UM, WHERE THE BEXAR COUNTY ADULT DETENTION, THE JAIL SITS. UM, IT'S ON C3 AND I TWO. THE ORDINANCE PLACES THAT DETENTION ONLY I ONE. UH, THE DISTANCE THERE IS FOUR 50 FEET FROM RESIDENTIAL. UM, Y'ALL REQUIRE A THOUSAND FEET FROM ANY RESIDENTIAL AREA. SO THE JAIL FAILS THAT BUFFER BY MORE THAN HALF. SECTION 35, 1 0 4 B EXEMPTS THE COUNTY COURTHOUSE BY NAME. IT DOESN'T MENTION THE JAIL. UM, MY QUESTION IS, WHAT IS THE COMPLIANCE PATHWAY FOR BEAR COUNTY JAIL UNDER THIS ORDINANCE? UH, SINCE THEY CAN'T REZONE TO I ONE, THEY CAN'T OBTAIN A SPECIAL USE PERMIT. AT LEAST I DON'T THINK THEY COULD. IF THEY WERE COMING IN, UH, IT CAN'T GET PAST THE RESIDENTIAL ISSUE. IT CAN'T MOVE, THE NEIGHBORHOODS CAN'T MOVE. IT'S NOW NON-CONFORMING. WHAT'S, HOW DO YOU, HOW DO YOU RESOLVE THIS? I I'M GONNA KICK THIS QUESTION OVER TO THE CITY OF AUDREY. IF MAYBE, MAYBE . MY UNDERSTANDING IS THAT THAT FALLS UNDER THE STATE LEVEL, THE CORRECTIONAL FACILITY AS DEFINED IN THE UDC, NOT THE DETENTION FACILITIES. IT'S NOT A COUNTY FACILITY. THE ONLY COUNTY FACILITY THAT IS EXEMPT FROM THE UDC IS THE COUNTY COURTHOUSE. THE COUNTY JAIL IS NOT EXEMPT FROM THE UDC. SO IT FALLS UNDER STATE JAIL STANDARDS. IS THAT IT, UH, FALLS UNDER BOTH, BUT IT FALLS PRIMARILY UNDER THE EXCEPTIONS FOR COURTHOUSE. 'CAUSE THERE IS A COURTHOUSE WITHIN THE JAIL COMPLEX. THAT'S WHERE, UH, PERSONS WHO ARE ARRESTED HAVE BEEN MAED. THEY GET, UH, TAKEN TO THE FACILITY FOR THE JUDGES TO REVIEW, UH, THE ARREST AND SET A BOND. SO THERE IS A COURTHOUSE, HENCE THEIR EXEMPTION FROM THE 1000 FOOT. OKAY. WE'RE GONNA GET ANOTHER LITTLE ROUND OF QUESTIONS. THERE WILL BE A SECOND ROUND OF QUESTIONS. THERE WILL BE LESS TIME DURING THAT PERIOD? YES. YES. ALRIGHT. TO MY LEFT QUESTIONS. ALRIGHT, NEXT ROUND. LET'S DO IT, UH, TO MY RIGHT. QUESTIONS? YES. UH, WELL, LET'S GO. COMMISSIONER HU UH, OSA THEN COMMISSIONER HUEY. I'M SORRY. COMMISSIONER PETE RODRIGUEZ, DID YOU HAVE QUESTIONS? GO, LET'S START THERE. WHAT BROUGHT THIS, IS THERE ANYTHING IN PLACE AND WHAT BROUGHT THIS UP? I THINK WHAT LAUNCHED THIS WHOLE ENDEAVOR WAS THE, UH, TRANSACTION OF THE WAREHOUSE ON THE EAST SIDE BY THE FEDERAL GOVERNMENT. AND THEN THAT SET IN COURSE A CONSIDERATION BETWEEN, BEFORE CITY COUNCIL, WHERE THEY DIRECTED CITY STAFF [03:15:01] TO PREPARE AMENDMENTS TO VARIOUS CODES, INCLUDING CHAPTER 35 THAT BROUGHT US HERE TODAY. SO THAT WAREHOUSE FACILITY, IF IT'S, UH, BEING OPERATED BY THE FEDERAL GOVERNMENT, THEY WOULD BE EXEMPT FROM HAVING TO GET PERMITS OR IF THERE, IF THERE IS A FEDERAL NEXUS, THEY WOULD BE EXEMPT. DOES THIS, UH, APPLY TO ANY TEMPORARY FACILITIES OR DETENTION CENTER? YEAH, THE DEFINITION DOES SAY PERMANENT OR TEMPORARY. NO FURTHER QUESTIONS. THANK YOU, COMMISSIONER PETE RODRIGUEZ. COMMISSIONER HINOJOSA, UH, ONE, UH, COUPLE QUESTIONS. UH, I KNOW WE HAD NO PUBLIC COMMENT. UH, HOW WAS THIS PUBLICIZED? I, I LOOK INTO THE AUDIENCE AND I SEE ZERO PEOPLE, SORRY, RAUL. UH, BUT THERE, THERE'S NO, THERE'S NOBODY HERE. UM, SO HOW WAS THAT CONVEYED TO THE COMMUNITY AND THE PUBLIC? THE SAME WAY WE'RE REQUIRED TO POST ANYTHING, WE HAVE TO PUT IT ON AN AGENDA AT LEAST THREE FULL BUSINESS DAYS IN ADVANCE. UM, THE, THE STATE OF TEXAS AS YOU DON'T NOTIFY THE ENTIRE CITY WHEN YOU PROCESS AN AMENDMENT TO THE UDC, UM, THAT WAS ACTUALLY CLARIFIED IN THE LAST LEGISLATIVE SESSION. SO WE JUST FOLLOWED THE LAW. GOTCHA. AND WHAT, UH, PUBLICATION IS THAT IN? I'M JUST SAYING FOR THE FUTURE I LIKE TO HAVE A, YEAH, SAN ANTONIO EXPRESS NEWS. EXPRESS NEWS. OKAY. UM, THIS IS PROBABLY JUST A MUTE QUESTION, BUT, UH, AS OF A COUPLE MONTHS AGO, I WOULD ACTUALLY GET THE PAPER AT THE HOUSE, RIGHT? I'M A LITTLE OLD FASHIONED, BUT I'VE CONVERTED TO THE DIGITAL. WOULD THAT BE DIGITALLY? I'M ASSUMING IT'S IN THERE. OKAY. UM, I AM A LITTLE CONCERNED ABOUT THE UDC, UH, AS A FELLOW COMMISSIONER POINTED OUT THAT THERE'S A, A, A CODE IN THERE WHERE IT STATES, I GUESS THERE WOULD BE A COST ASSOCIATED. HOWEVER, WHEN ASKED ABOUT THAT, IT SEEMED KIND OF A LITTLE, WELL, WE JUST DON'T FOLLOW OUR OWN UDC AMENDMENTS. UM, IS THAT A COMMON PRACTICE THAT KIND OF GOES THROUGH THAT? WE SET PRIORITIES AND, AND AMENDMENTS AND, AND, YOU KNOW, LAW, I GUESS, OR, OR STUFF THAT WE, YOU KNOW, WE HAVE PLENTY OF LAWYERS AND STUFF AND, AND I JUST ASK BECAUSE, YOU KNOW, I MM-HMM . I'M ONE OF THOSE PEOPLE THAT FOLLOW THE RULES AND EVERYTHING AS BEST I CAN. AND, UM, BUT I KNOW THAT IF, AND I TELL MY KIDS, YOU KNOW, IF YOU GET CAUGHT DOING SOMETHING, YOU KNOW, IT'S, UM, YOU CAN GET IN TROUBLE. SO, UH, IS THAT, UH, GUESS, CAN THAT JUST BE EXPLAINED A LITTLE BIT MORE? I I CAN LOOK A LITTLE MORE INTO IT, BUT I THINK THAT THIS UDC AMENDMENT HAS BEEN PROCESSED CONSISTENTLY AS WE HAVE THE LAST 500 UDC AMENDMENTS. SO, OKAY. AND MAYBE SINCE WE, WE HAVE DONE USE OF 500 OR PLUS, UH, MAYBE THAT SHOULD JUST BE REMOVED. UH, THE WORDAGE ON, ON THAT, IN MY OPINION. UM, NEXT THING, UH, FINAL THING WOULD BE, YOU KNOW, I, I, FELLOW COMMISSIONER OVER HERE ASKED WHY, WHY THIS GOT IN INITIATED AND, AND THE FACILITY THAT WAS PURCHASED, UH, ACROSS FOUR 10 ON THE EAST SIDE, IT SEEMS LIKE A MUTE POINT. AGAIN, I SEEM TO USE THAT WORD THREE TIMES TODAY, ONE IN THE MORNING. BUT, UH, IT, IT SEEMS LIKE A MUTE POINT THAT, THAT WE JUST WE'RE, WE'RE TRYING TO ADD SOMETHING WHERE, I MEAN, IF IT'S FEDERAL OR STATE, I MEAN, WE JUST, I MEAN, AGAIN, THEY SHOW US THAT IT'S, IT'S NOT, I DON'T THINK IT'S GONNA CHANGE IT, EXCEPT FOR IN THE, IN THE CITY OF SAN ANTONIO, THERE WOULD NOT BE A THIRD PARTY CONTRACTUAL SUBCONTRACT FACILITY THAT WOULD BE OPERATED, UM, IN OUR CITY. SO I, I GUESS THAT HELPS A LITTLE BIT. I GUESS A LITTLE MORE SAFETY, I GUESS. BUT THANK YOU VERY MUCH. THANK YOU, SIR. THANK YOU. COMMISSIONER HINOJOSA. COMMISSIONER HUEY. THANK YOU, MR. CHAIR AND LOGAN, I WANT TO THANK YOU FOR THE PATIENCE. SURE. AND YOU'VE VERY GOOD AT WHAT YOU'RE DOING. UM, SO HELP ME CLARIFY THIS. I KNOW I ASKED THIS, BUT THEN I THOUGHT I HEARD SOMETHING ELSE WHEN I ASKED ABOUT, UH, THE NOTIFICATION PROCESS AND THE APPROVAL PROCESS. YOU SAID, YOU KNOW, YOU JUST, YOU KNOW, THE DSD WILL HANDLE THAT. AND THEN I THOUGHT I HEARD YOU SAY, UH, NO IN THE CITY ATTORNEY. SO WHERE IS THIS PROCESS CODIFIED SO THAT I CAN GO AND EXPLAIN TO PEOPLE WHAT THIS IS, WHAT THE CITY IS GOING TO DO? YEAH. SO RIGHT NOW THE CODIFICATION IS IN 35 1 0 4, WHICH IS APPLICABILITY. IT DEFINES WHAT, UH, WHAT ENTITIES THE UDC APPLIES TO. AND IT'S IN THAT PROPOSED AMENDMENT THERE, ADDING THE STATEMENT THAT, UNLESS SPECIFICALLY STATED PRIVATE FACILITIES, UM, UNDER CONTRACT ARE NOT EXEMPT FROM [03:20:01] THE REQUIREMENTS OF THIS CHAPTER. SO WE HAVE, AND I'M TRYING TO SEE IF IT'S LISTED HERE, RIGHT THERE, UH, PUBLIC BUILDING STRUCTURES AND USES IN THE ERECTION OF BUILDINGS OR OTHER STRUCTURES, CITY OWNED UTILITIES ARE CON ARE, ARE TO CONFORM AN ARCHITECTURAL DESIGN OR OTHERWISE AS NEARLY AS POSSIBLE TO THE BUILDINGS AND THE ZONING DISTRICT IN WHICH THEY ERECTION. THE PROVISIONS OF THIS CHAPTER DO NOT APPLY TO THE COUNTY COURTHOUSE OR A BUILDING OTHER STRUCTURE OR LAND UNDER THE CONTROL ADMINISTRATION OR JURISDICTION OF A STATE OR FEDERAL AGENCY. THE VERY NEXT SENTENCE JUST SAYS, WE ARE GOING TO ASSUME THAT OUR RULES APPLY UNTIL YOU PROVE YOU MEET THAT EXEMPTION. WELL, I, I GOT THAT PART. SO THERE, IF, IF WHAT YOU'RE ASKING IS WHERE IS IT CODIFIED THAT DSD AND THE CITY ATTORNEY'S OFFICE MAKE THAT DETERMINATION, THAT IS NOT CODIFIED, BUT DEVELOPMENT SERVICES DEPARTMENT IS RESPONSIBLE FOR ADMINISTERING CHAPTER 35, THE UDC. SO THE UDC FALLS UNDER THE PURVIEW OF OUR DEPARTMENT. SO IF A PRIVATE ENTITY COMES IN MM-HMM. LET'S SAY TOMORROW MM-HMM . AND THEY ASK LOGAN, WHO DO I GO TO? AND WHAT DOES THAT PROCESS, WHAT DO YOU TELL THEM? YOU, YOU WOULD SAY YOU COME TO THE BUILDING OFFICIAL, WHICH IS THE DIRECTOR OF DEVELOPMENT SERVICES, AND THE PROCESS WOULD BE WHAT? THAT THEY, IF, IF THEY WERE ASCERTAINING THAT THEY DO NOT HAVE TO COMPLY WITH THIS, THEY WOULD SUBMIT FOR THE BUILDING OFFICIAL'S REVIEW THEIR JUSTIFICATION, AND HE WOULD MAKE THAT DETERMINATION. AND IF HE NEEDED CONSULTATION, HE WOULD CONSULT WITH THE CITY ATTORNEY TO MAKE THAT DETERMINATION. THAT IS HIS CHARGE AS THE BUILDING OFFICIAL TO ADMINISTER THE UDC, INCLUDING THE APPLICABILITY STANDARDS. THANK YOU. ALRIGHT. THANK YOU COMMISSIONER HUEY TO MY LEFT QUESTIONS. COMMISSIONER DVE, UH, YOU'RE DOING AN AMAZING JOB. THANK YOU. ALL GOOD SO MUCH. THAT'S, THIS IS TOUGH. AND THE 45 DAY TURNAROUND TO ALL OF STAFF. WOW. LIKE CLASS ACT. YOU GUYS ARE ALL DOING AN AMAZING JOB. IT'S VERY DIFFICULT TO, YOU KNOW, DO THIS UNDER THIS TIMELINE. SO THANK YOU. UM, THE, UH, OPERATIVE PROVISIONS, IF WE'RE GONNA TRY TO MASH OUR TEETH ON THE ORDINANCE, IF IT APPLIES IN A, WHAT ARE THE OTHER OPERATIVE PROVISIONS IN ADDITION TO THE NOTICE REQUIREMENTS? WE, I, I ASKED A LOT ABOUT THE NOTICE REQUIREMENT. MM-HMM . WHAT ARE THE OTHER OPERATIVE PROVISIONS THAT WOULD APPLY TO A NON-EXEMPT DETENTION FACILITY? I THINK THE OTHER BIG ONE IS THE ZONING PROCESS. SO THAT IF YOU WANT TO OPEN UP A FACILITY, YOU'RE NOT ALLOWED TO DO SO WITHIN A THOUSAND FEET OF THOSE LISTED USES, UNLESS CITY COUNCIL GRANTS YOU THE PERMISSION. OKAY. AND, UM, WE, CITY ATTORNEY'S OFFICE HAD MENTIONED THERE'S AN EXAMPLE, YOU KNOW, THAT A THOUSAND NUMBER IS RELATED IN STATE STATUTE IN THE UDC. WHAT EXAMPLES DO WE HAVE OF THAT A THOUSAND FOOT RULE? THE, THE NUMBER ONE IS THE BREATH ORDINANCE, UH, FOR THE VAPE SHOPS. SEXUALLY ORIENTED BUSINESSES ALIGN WITH STATE LAW IN THE UDC THAT THEY'RE NOT ALLOWED WITHIN A THOUSAND FEET. UM, OTHER EXAMPLES THAT DON'T QUITE MEET THE THOUSAND FOOT REQUIREMENT, BUT THAT WE STILL BUFFER USES, UM, I BELIEVE HEAD SHOPS HAVE TO BE LOCATED A CERTAIN DISTANCE FROM USES, UM, AS DO AFTER THE LAST UDC AMENDMENT CYCLE. GAS STATIONS CAN'T BE WITHIN 100 TO 200 FEET OF RESIDENTIAL USES OR, OR DAYCARES OR SCHOOLS, DEPENDING ON WHETHER OR NOT THEY'RE UNDERGROUND GASOLINE TANKS HAVE MORE OR LESS THAN 50,000 GALLONS OF FUEL. NOW, I RECALL FROM OUR DISCUSSION OVER THE, UH, VAPE SHOP DISCUSSION MM-HMM . IT WAS THAT THE A THOUSAND FOOT RULE REQUIRED A SPECIAL USE AUTHORIZATION. CORRECT. SO, UNDER THIS PROPOSED ORDINANCE, WOULD DETENTION FACILITY, NON-EXEMPT DETENTION FACILITIES BE PERMITTED WITHIN A THOUSAND FEET WITH A SPECIAL USE AUTHORIZATION? SPECIAL USE PERMIT? YES. THEY WOULD. THEY WOULD, YEAH. CITY COUNCIL COULD STILL MAKE THE DECISION TO AUTHORIZE THEM. OKAY. SO THERE, THERE'S KIND OF TWO LAYERS TO THIS ZONING. IN EVERY INSTANCE, YOU GOTTA BE I ONE AND YOU GOTTA HAVE AN S WHETHER YOU'RE WITHIN A THOUSAND FEET OR NOT. CITY COUNCIL CAN STILL MAKE THE DECISION TO AUTHORIZE A PRIVATE FACILITY WITHIN A THOUSAND FEET OF A RESIDENTIAL AREA IF THEY FIND THAT THAT IS APPROPRIATE. BUT IN EVERY INSTANCE, THE S IS REQUIRED, UNLIKE THE BREATH ORDINANCE, WHERE THE S IS ONLY REQUIRED IF YOU'RE WITHIN A THOUSAND FEET. I SEE. SO IS, I MEAN, WOULD THE TREATMENT THEN OF THE NON-EXEMPT DETENTION FACILITIES BE THE SAME AS THE VAPE SHOPS UNDER THE, IT IT WOULDN'T BE BECAUSE VAPE SHOPS ARE ALLOWED TO OPEN BY, RIGHT. IF THERE'S ZONE C3, AS LONG AS THEY'RE NOT WITHIN A THOUSAND FEET OF A SCHOOL OR A CHURCH REQUIRE AN S AT ALL EVERY SINGLE TIME, NO MATTER WHAT. SO A THOUSAND FOOT EXCLUSION RULE [03:25:02] AND AND AS REQUIREMENT I, IN ADDITION TO THE NOTICE REQUIREMENTS, THOSE THREE KIND OF BIG OPERATIVE REQUIREMENTS, COULD YOU EXPLAIN IN THE, THE, THE REMAINING TIME, SIMILAR TO MY QUESTION ABOUT THE NOTICE REQUIREMENT, ABOUT WHAT'S THE JUSTIFICATION FOR HAVING A DISTINCTION FROM CORRECTIONAL FACILITIES? WHAT'S THE JUSTIFICATION FOR NOT REQUIRING AN S WHAT'S THE JUSTIFICATION FOR NOT HAVING A THOUSAND FOOT EXCLUSIONARY RULE FOR PRISONS? JAILS? YEAH, I'M, I'M GONNA, I'M GONNA ASK AUDREY TO CHIME IN ON THIS ONE TO MAYBE EXPLAIN THE DISTINCTION BETWEEN THE EXISTING CORRECTIONAL FACILITY DEFINITION AND THIS NEW PROPOSED DETENTION. WHY DO WE NEED A DIFFERENT YEAH. WHY, WHAT, WHAT'S THE JUSTIFICATION FOR TREATING A THOUSAND FOOT RULE AND THE S WHY NOT REQUIRE AN S FOR JAILS IN PRISON? WHY NOT REQUIRE A THOUSAND FOOT EXCLUSION? WHY DO WE ALLOW JAILS WITHIN A THOUSAND? SO AGAIN, IF YOU ARE A TRUE CORRECTIONAL FACILITY, THEN YOU ARE GOING TO FALL UNDER THAT, THAT NEXUS, THAT EXEMPTION AT THE STATE LEVEL. AND WE DON'T WANT TO CREATE GRAY AREAS OR OVERLAPPING CONTRADICTIONS WITHIN THE UDC. SO WE ARE TRYING TO KEEP THEM VERY CLEAN IN THE SENSE OF CORRECTIONAL FACILITIES. AGAIN, TRUE STATE CORRECTIONAL FACILITIES ARE GOVERNED BY THE STATE, AT THE STATE LEVEL. SO IF I CAN PUT IT THIS WAY, THE CORRECTIONAL FACILITIES THAT ARE GOVERNED BY THE STATE, AT THE STATE LEVEL MEET THE EXEMPTION CRITERIA. THE DEFINITION THAT WERE ADDING, THE NEW USE AND THE USE MATRIX IS REALLY GEARED TOWARDS THOSE PRIVATE FACILITIES THAT MAY NOT HAVE A NEXUS TO A STATE OR FEDERAL GOVERNMENT. YEAH, THAT'S, I'M STILL TRYING TO FIGURE OUT. THAT LOOKS LIKE A CATEGORY ZERO. LIKE WHAT, WHAT DOES THAT LOOK LIKE? WHAT DOES IT LOOK LIKE? SOMEONE THAT DOESN'T HAVE THE NEXUS, BUT IT'S STILL WORKING THE FEDERAL GOVERNMENT, WHAT DOES THAT, WHAT WOULD THAT BE? YEP. SORRY. GOOD. UH, AN EXAMPLE WOULD BE THE, UH, THE TREND IN OTHER STATES TOWARDS, UH, PRIVATELY RUN PRISONS FOR PROFIT. SO, SIMILARLY. ALRIGHT, THANK YOU COMMISSIONER. ELL COMMISSIONER. WHAT'S THAT? OKAY, SO TO TRACK ALONG THAT LINE, I GUESS FIRST THING IS AN EXAMPLE THAT MIGRANT RESOURCE CENTER THAT WAS ON SAN PEDRO THAT HAD SO MUCH CONTROVERSY THAT WOULD'VE BEEN BANNED UNDER THIS, CORRECT? NO, THE DEFINITION SPECIFICALLY TALKS ABOUT PEOPLE BEING IN CUSTODY. THE MIGRANT RESOURCE CENTER WAS NOT, DID NOT HAVE PEOPLE THAT WERE IN CUSTODY. OKAY. SO THEY JUST LIVED THERE AND THEY DID, THEY WEREN'T IN CUSTODY? NO, THEY WERE NOT IN CUSTODY. OKAY. UM, SO WHAT I'M HEARING IS THAT NOW THERE'S A PATHWAY FOR MYSELF OR WHOEVER WANTS TO DO A, A DETENTION FACILITY BECAUSE IT'S NOW CODIFIED IN THE CODE. UH, IT WOULD BE, IF THIS PASSES, UH, PREVIOUSLY, FROM MY UNDERSTANDING, THERE WAS NOTHING IN THE USE MATRIX. IT WOULD'VE ALLOWED IT, IT WOULD'VE BEEN MORE DIFFICULT TO GET THROUGH THE PROCESS TO GO TO ZONING, PROBABLY TO PLANNING COUNCIL AND GO TO THE HEAD OF DEVELOPMENT SERVICES. WHO GETS TO INTERPRET WHETHER THEY'RE GONNA EVEN ADD THAT. SO THIS, THIS IS, I'M I'M TRYING TO UNDERSTAND THE PURPOSE OF THIS. YOU'VE NOW CREATED A PATH. WELL, WE WOULD ALWAYS HAVE TO CREATE A PATH. WE, WE CAN'T TELL ANYONE THAT COMES TO OUR DEPARTMENT WITH A PLANNED USE. SORRY. WE DON'T HAVE THAT IN OUR USE MATRIX, THEREFORE, YOU ARE NOT ALLOWED. WE WOULD STILL HAVE TO DETERMINE WHAT IT IS MOST MATERIALLY SIMILAR TO AND THEN PROVIDE, YOU KNOW, A PATH FORWARD FOR THEM TO ASK. SO IT MORE CLEARLY DEFINES WHAT THE PATH WOULD BE, FOR SURE. SO THEY COULD STILL GET REJECTED BY, REGARDLESS OF, WITHOUT ALL THE EXTRA STUFF BY ZONING, PLANNING AND COUNCIL. YEAH. COUNCIL ALWAYS HOLDS THE FINAL DECISION OVER ZONING. CORRECT. SEEMS LIKE A LOT OF EFFORT FOR A LITTLE BENEFIT. UM, OKAY. ALRIGHT. THANK YOU COMMISSIONER WHITSETT. ANY FURTHER QUESTIONS? LEFT? ALL RIGHT. I THINK COMMISSIONER WHITSETT ASKED THE ONE THING I WAS GONNA ASK ABOUT. VERY GOOD. WELL, WHO WANTS TO MAKE A MOTION? I DO. COMMISSIONER WOODSON MOTION. I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO RETURN WITH A COMPLETE RECORD SPECIFYING MULTIPLE ELEMENTS HERE AND A CONTINUATION OF 45 DAYS FOR US TO GET A COST IMPACT, UH, STATEMENT PER THE UDC SECTION 35 11 A, WHICH SAYS [03:30:01] IT'S REQUIRED, UM, HAVE A GEOGRAPHIC FEASIBILITY ANALYSIS, IDENTIFYING COMPLIANT I ONE PARCELS. YOU SAID YOU'RE GONNA SHOW US A MAP. WE HAVEN'T SEEN THAT YET. UH, SPECIFIC COMPREHENSIVE PLAN CITATIONS, THE ECONOMIC STUDIES REQUESTED BY THE MAYOR ON MARCH 5TH AND SOME TYPE OF DETER. WELL, WE ALREADY, I KNOW THAT THE JAILS YOU'RE SAYING IS NOT A, A PROBLEM BECAUSE IT HAS A COURTHOUSE IN IT, ET CETERA. SO I THINK WE NEED TO HAVE A CONTINUATION TO HEAR MORE INFORMATION, GET BETTER INFORMED RATHER THAN THIS WHAT HAS BEEN JAMMED ON US. WE'VE BEEN GIVEN JUST BASICALLY TWO PAGES AND EXPECT TO DO WHAT COUNSEL TELLS US. OKAY. UM, WE HAVE A COUPLE OF OPTIONS HERE. UH, THE, THE MOTION, I THINK A, A PROPERLY ENTERTAINED MOTION WOULD BE ONE FOR APPROVAL, UH, DENIAL OR CONTINUANCE. I'M INTERPRETING YOURS TO BE, UH, UNLESS YOU'RE ASKING FOR A SPECIALLY SET MEETING, UH, A CONTINUANCE TO THE MAY 19TH YES. HEARING, IS THAT CORRECT? THAT'S CORRECT. AND YOU CAN WORK WITH STAFF SHOULD THE MOTION PASS, UM, TO GET THAT INFORMATION THAT YOU WOULD LIKE TO MAKE A DECISION AND TO MAKE IT AVAILABLE TO COUNSEL, SIR. BUT THE MOTION AT ISSUE, RIGHT, THE MOTION PROPOSED BY COMMISSIONER WHITSETT BY MY INTERPRETATION IS CONTINUANCE TO MAY 19TH. CORRECT? SIR? YES, SIR. YES, SIR. ALRIGHT, THANK YOU. UH, IS THERE A SECOND? I'LL SECOND. UH, SECOND BY COMMISSIONER HENA. HOSA. ALRIGHT, UH, DISCUSSION. LOOKING LEFT? YES. COMMISSIONER DOLE. I WOULD URGE SUPPORTING THE MOTION FOR THE CONTINUANCE, IF NOT ONLY FOR PUBLIC PARTICIPATION. I THINK OUR ROLE AS COMMISSIONERS IN LARGE PART AS A RECOMMENDING BODY IS TO, OH, OH, SORRY. . SO, THANK YOU. UM, UH, SO, UH, BRIEFLY WHAT I SAID WAS THAT, UM, I'M GONNA SUPPORT THE MOTION FOR A CONTINUANCE, IF NOT ONLY FOR THE SOLE REASON THAT WE NEED MORE PUBLIC PARTICIPATION IN THIS PROCESS. THERE IS NO ONE, NO MEMBERS OF THE PUBLIC IN THE ROOM. UM, THAT'S NOT THAT, THAT, THAT DOESN'T WORK. I THINK ONE OF OUR ROLES AS A COMMISSION, LIKE OUR PRIMARY ROLE AS A, A RECOMMENDING BODY IS TO AIR OUT ISSUES POLITICALLY BEFORE IT GOES TO COUNCIL. AND THIS IS A BIG FLAMING POLITICAL FIGHT. UM, AND SOMEHOW THE PUBLIC DIDN'T GET THE MEMO. BUT WHEN THIS GOES TO COUNCIL, IT'S GONNA BE A DRAG OUT FIGHT. AND I DON'T THINK WE'RE DOING OUR JOB BY NOT TAKING SOME OF THAT BURDEN OFF THE COUNCIL. UH, I THINK THE COUNCIL WOULD BE MUCH BETTER OFF IF WE FIND A WAY TO GET THE WORD OUT AND HAVE MORE PARTICIPATION AND AIR SOME OF THESE ISSUES, UH, BEFORE COUNCIL HAS TO DEAL WITH IT. ALRIGHT. ALL RIGHT. LEFT DISCUSSION, RIGHT DISCUSSION? YES. COMMISSIONER HUEY. SO I THINK THE STAFF HAS DONE A REALLY GOOD JOB, YOU KNOW, TRYING TO GET THIS OUT AND STAY WITHIN THE TIMELINE THAT WAS DIRECTED TO THEM. AND I, I'D AGREE WITH MY, UM, MY FELLOW COUNCILMAN WHO'VE ALREADY SPOKEN THAT WHAT WE RECEIVED, I BELIEVE NEEDS A BIT MORE SPECIFICATION BECAUSE I THINK RIGHT NOW, I, I HAVE MORE QUESTIONS THAN I HAVE ANSWERS. AND, AND AGAIN, LOGAN, YOU'VE DONE A GREAT JOB. IT'S JUST A LITTLE SLOW HERE ON THE RECEIVING END. RIGHT. SO, AGAIN, I'M GONNA SUPPORT THE, UH, THE CONTINUANCE AT THIS POINT. COMMISSIONER HEE. YES. YEAH. AND OBVIOUSLY I'M GONNA SUPPORT THIS, UH, JUST BECAUSE AGAIN, LIKE A FELLOW COMMISSIONER SAID, UH, I, I BELIEVE WE NEED TO HAVE MORE COMMUNITY, UH, INPUT. WE NEED TO HAVE SOME, UH, I, I'M KIND A PERSON WHO LIKES TO GO OUT THERE AND WALK THE NEIGHBORHOOD AND TALK TO PEOPLE AND SAY 'EM, HEY, THIS IS, MEET ME AT BILL MILLERS. WE'RE GONNA TALK. UM, AND I HAVE NOT TALKED TO ANYBODY BECAUSE I KNEW THIS WAS COMING UP IN WORK SESSION. UH, MAYBE I MISSED IT SOMEWHERE, BUT I JUST DID NOT KNOW. WE'RE GONNA DISCUSS THIS AT THIS MEETING. MIGHT BE MY FAULT. BUT, UM, I JUST NEED TIME TO TALK OR GET MORE INPUT FROM PEOPLE. 'CAUSE LIKE I ALWAYS SAY, THIS IS NOT THE GEORGIA SHOW. UH, THIS IS, UH, I REPRESENT DISTRICT THREE. UH, PROBABLY SOUTH SOUTHEAST SIDE SAN ANTONIO. ALRIGHT. RIGHT. COMMISSIONER PETE RODRIGUEZ. UH, COMMISSIONER WINSLET, JUST TO GIVE YOU, UH, SOME INSIGHT ON THE COUNTY JAIL. I DON'T KNOW IF, UH, BECAUSE THERE'S A COURT IN IT THAT'S, UH, THE ONLY REASON WHY THEY'RE EXEMPT. BUT THE COUNTY JAIL IS ALSO REGULATED BY THE STATE. UH, IT'S REGULATED BY THE, UH, TEXAS COMMISSION ON JAIL STANDARDS. [03:35:01] UH, ALSO, I DON'T KNOW OF SOME PRIVATE IN, UH, UH, UH, UM, PRISONS. FOR EXAMPLE, WACK AND HUT OR CORRECTIONS CORPORATION OF AMERICA, THAT HOUSE TEXAS, UH, UH, I'M SORRY. UH, HOUSE. UH, YEAH. STATE INMATES AND FEDERAL INMATES, IF THEY'RE GONNA BE EXEMPT FROM THIS, UH, BECAUSE THEY'RE ALSO GONNA BE REGULATED BY THE STATE AND BY THE FEDERAL GO GOVERNMENT, EVEN THOUGH THEY ARE, UH, PRIVATELY OWNED. SO, BUT I WILL BE SUPPORTING THE CONTINUANCE ON THIS. ALRIGHT. RIGHT. ANY FURTHER DISCUSSION? ALRIGHT. LAST WORD TO ME. UH, I AM NOT GONNA SUPPORT THIS MOTION, UH, FOR SOME OF THE REASONS ACTUALLY THAT PEOPLE HAVE ARGUED IN FAVOR OF IT. I THINK THIS IS A POLITICAL MESS THAT THE CITY COUNCIL CAN DEAL WITH AND I DON'T WANT TO DEAL WITH IT ANYMORE. I DON'T WANT ANOTHER 45 DAYS OF STAFF TIME TO WASTE ON IT. I DON'T WANT, UH, I DON'T THINK THIS INFORMATION IS GOING TO BE HELPFUL. IN THE END, I THINK THAT WE SHOULD GO AHEAD, REJECT THE CONTINUATION OR CONTINUANCE FOR 45 DAYS AND, UH, RECOMMEND DENIAL. SO I WILL NOT BE SUPPORTING THIS MOTION. AND THAT'S IT. ALRIGHT, THE MOTION IS FOR A CONTINUANCE FOR 45 DAYS OF ITEM NUMBER 29 BY COMMISSIONER ETT WITH A SECOND BY COMMISSIONER HENA HOSA. ROLL CALL VOTE. COMMISSIONER TSET? YES. COMMISSIONER OSA? YES. COMMISSIONER KELLUM? NO. COMMISSIONER LOOSA? NO. COMMISSIONER PETE RODRIGUEZ. WANNA CHANGE MY MIND AND SAY, NO. COMMISSIONER HUEY. NO. COMMISSIONER SIPES? NO. COMMISSIONER KELLY? NO. COMMISSIONER VE AYE. COMMISSIONER PANNA? YES. CHAIR BUS. SAMANTHA, NO. MOTION FAILS. ALRIGHT. THE MOTION, THE, NO, EXCUSE ME. THE MOTION HAS FAILED. THE FLOOR IS NOW OPEN FOR AN ALTERNATIVE MOTION BY SOMEONE WHO SAID, SORRY FOR RECONSIDERATION BY SOMEONE WHO SAID, NO. I'M TRYING TO GET AHEAD OF MYSELF. I MAKE THE MOTION FOR RECONSIDERATION. ALRIGHT. THERE IS A MOTION FOR RECONSIDERATION BY MR. BY COMMISSIONER KELLUM. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER HUEY. UH, ANY DISCUSSION? LOOKING LEFT. LOOKING RIGHT. ALRIGHT. THE MOTION ON THE FLOOR IS A MOTION FOR RECONSIDERATION BY COMMISSIONER KELLUM WITH THE SECOND BY COMMISSIONER HUEY. ROLL CALL VOTE. COMMISSIONER KELLUM? YES. COMMISSIONER HUEY. AYE. COMMISSIONER LO? YES. COMMISSIONER NIOSA. AM SORRY. CAN I GET CLARIFICATION? OF COURSE. SO THIS IS, UH, TO REOPEN THE MOTION FOR, UH, POTENTIAL DENIAL. YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER SIPES. YES. COMMISSIONER KELLY? YES. COMMISSIONER VILLE. AYE. COMMISSIONER SUP? YES. COMMISSIONER PANNA. NO. CHAIR. BUSANTE. AYE. MOTION CARRIES. ALRIGHT. THE FLOOR IS NOW OPEN FOR AN ALTERNATIVE MOTION. AYE. MOVE FOR DENIAL OF ITEM NUMBER 29. SECOND. ALRIGHT, SECOND BY COMMISSIONER LO DISCUSSION, LEFT. DISCUSSION RIGHT. I'M GONNA AGREE WITH, UH, COMMISSIONER BUSANTE, WHAT HE SAID MADE A LOT OF SENSE AND I'LL SUPPORT IT. ALRIGHT, THANK YOU. UH, I'M SORRY. YEP. I ABSO UH, WHAT, WHAT WAS YOUR MOTION? DENIAL. TO DENY THE, TO DENY TO RECOMMEND DENIAL OF THE CC OF, OF THE UDC AMENDMENTS AT THIS POINT. SORRY, I NEED TO MAKE THAT CLEAR. OKAY. I AM MOVING FOR DENIAL FOR A RECOMMENDATION OF DENIAL TO CITY COUNCIL FOR THE UDC AMENDMENTS AS PROPOSED TODAY. AND QUESTION THAT ALLOWS COUNCIL TO IMMEDIATELY VOTE ON IT. THAT DOES. I SEE. INTERESTING. ALRIGHT. ANY FURTHER QUESTIONS? SORRY. OR DISCUSSION? GO AHEAD. YEAH, I GOT, UH, WOULD YOU, WOULD YOU LIKE TO EXPLAIN YOUR MOTION? UH, HAPPY TO, UH, I THOUGHT, I THOUGHT I DID DURING THE, THE MOTION AGAINST THE, AGAINST THE CONTINUANCE. UH, BUT AS EVERYONE HAS SAID, STAFF HAS DONE YEOMAN'S WORK WHEN IT COMES TO COMPLYING WITH THIS, UH, REQUEST FROM CITY COUNCIL. UM, THEY HAVE RUSHED THE WORK. WE HAVE A UDC AMENDMENT PROCESS COMING UP AND THEY HAVE RESTED WORK NOT BECAUSE OF ANY OVERSIGHT ON THEIR PART OR ANY LACK OF, YOU KNOW, FORESIGHT ON THEIR PART, BUT BECAUSE IT WAS DEMANDED [03:40:01] BY THE POLITICAL BODY THAT GOVERNS THE CITY, IN MY OPINION. THIS UDC AMENDMENT, THIS CCR PROCESS, UH, IS A PURELY POLITICAL EXERCISE THAT, AS I THINK SOMEONE SAID, UH, APPLIES TO A SET OF ZERO AT THIS POINT OR SOMETHING ALONG THOSE LINES. UH, THIS MIGHT BE UDC AMENDMENTS IN SEARCH OF A PROBLEM. UH, I DON'T THINK I NEED ANY MORE INFORMATION. I CERTAINLY DON'T WANT STAFF THAT HAS TO DEAL WITH, YOU KNOW, IN THIS CASE, 28 SUBSTANTIVE CASES, UH, TODAY THAT WE DEAL WITH FOR ZONING ISSUES THAT IMPACT BUSINESSES IN SAN ANTONIO IMPACT PEOPLE IN SAN ANTONIO. I DON'T WANT THEIR TIME TAKEN AWAY FROM THAT FOR A PURELY POLITICAL EXERCISE. I WANT THIS DONE. YES. COMMISSIONER. WHATS IT? I'LL, UH, SAY DITTO TO WHAT YOU'RE SAYING. . . BUT I DO WANT TO AT LEAST GET THIS ON THE RECORD THAT I FEEL LIKE, AND IT'S NOT STAFF'S FAULT, BUT THEY WERE RUSHED AND THIS IS COUNSEL PUSHING SOMETHING, BUT I FEEL THERE'S AN INCOMPLETION IN TERMS OF WHAT WE'VE BEEN GIVEN. THERE'S NO REQUIRED COST IMPACT STATEMENT, NO FEASIBILITY STUDY. THE THOUSAND FOOT BUFFER WAS, YOU KNOW, KIND OF DESCRIBED AS JUST KIND OF GRABBED OUT OF THE AIR. AND THEN THEY GOT, THEY PUT FOUR OF THEM IN. UM, THE MAYOR'S CONDITIONS FROM THE MAY, MARCH 5TH, UH, COUNCIL MEETING HAVE NOT BEEN MET. UH, YOU KNOW, THINGS WERE HEALTH, SAFETY AND WELFARE. UH, THERE'S EVIDENCE NEEDED, BUT IT'S ALL JUST CONJECTURE. IT'S POLITICAL. YOU'RE CORRECT. UM, AND, UH, WE'VE BEEN ASKED TO SORT OF COME IN HERE AND RUBBER STAMP AND SO ACTUALLY I'M GLAD THAT WE'RE GONNA DENY IT SO WE'RE NOT RUBBER STAMPING THE COUNCIL'S PROPOSAL ON THIS. I'M GONNA VOTE NO AND, UH, WOULD'VE PREFERRED A CONTINUANCE, BUT I UNDERSTAND EXACTLY WHY WE DON'T WANT TO HAVE TO, UH, DEAL WITH THIS ANYMORE. AND, UM, JUST WANNA SAY, YOU KNOW, WE'RE NOT A POLITICAL INSTRUMENT. WE'RE, WE'RE SUPPOSED TO BE A SAFEGUARD AND OUR JOBS TO PREDICT THE INTEGRITY OF THE PROCESS. AND WHEN COUNSEL USES US TO, UH, TRY TO JAM SOMETHING THROUGH, THAT'S JUST FOR A SYMBOL. UH, I I HAVE A REAL PROBLEM WITH THAT. ALRIGHT. THANK YOU COMMISSIONER WHIT. BEFORE WE HAVE ANY FURTHER DISCUSSION FROM COMMISSIONER? YES. MR. MOTA JOHNSON? YEAH, WE JUST, WE'RE TRYING TO MAKE SURE THAT WE REFERENCE IT CORRECTLY. COMMISSIONER WHITSETT, DO YOU BY ANY CHANCE HAVE A REFERENCE FOR US TO LOOK UP THAT COST ESTIMATE LANGUAGE THAT YOU WERE REFERENCING? 'CAUSE WE'RE HAVING A HARD TIME LOCATING IT. WE KNOW THAT THERE USED TO BE SOME LANGUAGE IN THE UDC, BUT OUR RECORDS SHOW THAT IT WAS TAKEN OUT. OKAY. SO IF YOU, IF YOU HAVE IT, THAT WOULD BE HELPFUL FOR US. THANK YOU. ALL I KNOW IS IT'S UDC SECTION 35 DASH 11 A. UNLESS I LOOKED AT A, IT IS AN OLDER VERSION NOW. THAT'S 1 11 35 US. THAT'S WHAT WAS ONLINE UDC 35 1 11. YEAH. ALRIGHT. UH, ANY EVENT? OKAY. UH, FURTHER DISCUSSION TO MY LEFT? UH, YEAH, YOU ASKED ME A QUESTION SO I'LL COMMISSIONER DUBEL, I THINK IS THAT, THAT'S, THAT WASN'T YOUR DISCUSSION. I'M NOT GONNA, I'M NOT GONNA HOLD YOU TO THAT. SO, THANK YOU CHAIR COMMISSIONER DULE DISCUSSION. UM, I THINK THAT THE, I I'M GONNA SUPPORT THE MOTION. UM, I THINK THAT THE PROPER PLACE FOR THIS DISCUSSION WILL BE THE UDC UPDATE. I THINK I, I DON'T KNOW IF I FULLY AGREE WITH ALL THE STATEMENTS MADE. I DO THINK THAT AS A RECOMMENDING BODY WE CAN ENTER INTO THE POLITICAL, BUT I'D LIKE TO SEE IT BEING DONE IN A WAY THAT'S FULLY REASONED, THAT'S NOT BEING, YOU KNOW, INSTIGATED BECAUSE OF POLITICAL REASONS. WE CAN HAVE THAT DISCUSSION AS A COMMISSION ON HOW WE WANT TO TREAT, OR HOW DO WE WANT PREVENT THESE ISSUES WITH, YOU KNOW, IDENTIFIED ISSUES WITH FEDERAL DETENTION FACILITIES. BUT LET'S DO THAT IN A NORMAL PROCESS, LIKE IN THE UDC AND WE CAN HAVE THOSE POLICY DISCUSSIONS THEN EVEN IF THEY HAVE POLITICAL IMPLICATIONS. SO WITH THAT, I'LL SUPPORT THE MOTION. ALRIGHT, VERY GOOD. ANY FURTHER DISCUSSION? LOOKING? YEP. COMMISSIONER HUEY. UH, MR. CHAIR FOR THE RECORD, THE CHAIR'S WISDOM AND PRAGMATISM. AMAZES ME EVERY TIME AND I AM GONNA SUPPORT THIS MOTION. UH, I DO APPRECIATE THE FLATTERY. I WILL ALWAYS ACCEPT THAT. SO, UM, NO THANK YOU. COMMISSIONER HUEY. UH, LOOKING RIGHT, ANY FURTHER DISCUSSION? LOOKING LEFT, SEEING NONE. UH, THE MOTION IS FOR DENIAL TO RECOMMEND DENIAL OF ITEM NUMBER 21 BY ME WITH THE SECOND BY COMMISSIONER LO ROLL CALL, VOTE PLEASE. CHAIR BUSANTE AYE. COMMISSIONER LO? YES. [03:45:01] COMMISSIONER KELLUM? YES. COMMISSIONER OSA? YES. COMMISSIONER PETE RODRIGUEZ. YES. COMMISSIONER HUEY. AYE. COMMISSIONER SIPES? YES. COMMISSIONER KELLY? YES. COMMISSIONER ELL. AYE. COMMISSIONER WHATSUP? YES. COMMISSIONER PATA. NO. MOTION CARRIES. ALRIGHT, [Approval of Minutes  ] WE HAVE UH, ANOTHER ITEM ON OUR AGENDA, WHICH IS APPROVAL OF THE, UH, OH, UH, THE MINUTES FROM THE MARCH 17TH, 2026 ZONING, COMMISSION MEETING. UM, ALRIGHT. ANY CHANGES? ANYTHING ANYONE SPOTTED? UH, CORRECTIONS? ANYTHING? ALRIGHT. HEARING NONE, THE FLOOR IS NOW OPEN FOR A MOTION. MOVE TO ACCEPT. ALRIGHT. THERE IS A MOVE, UH, TO ACCEPT THE COMMISSION MINUTE MEETINGS AS SUBMITTED. IS THERE A SECOND? I'LL SECOND IT. THANK YOU COMMISSIONER PETE RODRIGUEZ FOR THE SECOND. UH, ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED? SAME SIGN. ANY UH, ABSTENTIONS? I'M NOW SEEING HEARING NONE. VERY GOOD. IS THERE ANY DIRECTOR'S REPORT? NO. DIRECTOR'S REPORT? THERE IS NO. OH, I JUST WANTED TO BE HERE LONGER WITH YOU, . ALRIGHT. VERY GOOD. SEEING AS THERE'S NO, UH, DIRECTOR'S REPORT. THE TIME IS 4:56 PM ON APRIL 7TH. THIS MEETING OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO IS ADJOURNED. WOW. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.