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ALL RIGHT.GOOD AFTERNOON LADIES AND GENTLEMEN.
IF WE COULD PLEASE HAVE OUR SPANISH INTERPRETATION SERVICES STATEMENT, SPANISH LANGUAGE INTERPRETATION STATEMENT.
MY NAME IS JOHN BUSANTE AND I'M THE CHAIR OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT FIVE ZONING COMMISSIONER.
THE TIME IS ONE O'CLOCK AND I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION.
UH, I LIKE TO DO ROLL CALL BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT.
DANNY KELLUM, DISTRICT ONE, JOHN WITT, DISTRICT 10 MOSES DUVAL, DISTRICT NINE, GEORGE OSA, DISTRICT THREE.
EDDIE PETER RODRIGUEZ, DISTRICT FOUR ANO MAYOR'S APPOINTEE.
WOULD EVERYONE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG 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 BEGINNING OUR HEARING, I WOULD LIKE STAFF TO PLEASE REVIEW OUR 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.
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 EX WILL INDICATE THOSE PROPERTY OWNERS IN 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 OR AGAINST THE PROPOSED REZONING, YOU WILL BE CALLED IN THE ORDER THAT YOU ARE 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 A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK AND TO 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.
[Zoning Items ]
MUCH.DO WE HAVE ANY WITHDRAWN OR POSTPONED ITEMS? ITEM NUMBER FOUR HAS BEEN WITHDRAWN.
IF ANYONE IS HERE FOR ITEM NUMBER 4 1 25 STONEWALL AVENUE, THAT ITEM HAS BEEN WITHDRAWN.
WHAT THAT MEANS IS THEY WILL START THE PROCESS OVER AGAIN.
UH, SO ONCE THAT PROCESS STARTS, IF IT DOES, UH, YOU WILL GET RE NOTICED AND YOU CAN COME BACK AND TALK ABOUT IT.
IF WE COULD PLEASE READ THE LIST OF ITEMS FOR THE COMBINED HEARING.
NUMBER ONE, THE CONSENT DOCKET, PLEASE.
ITEMS NUMBER 10 13 14 15 16, 17 AND 19.
ALRIGHT, COMMISSIONERS, ANY COMMISSIONER.
WANT TO PULL ANY OF THE ITEMS? JUST READ FOR INDIVIDUAL CONSIDERATION.
LOOKING LEFT, SEEING NONE, LOOKING RIGHT, SEEING NONE.
IF WE COULD PLEASE READ THE COMBINED HEARING.
NUMBER ONE CONSENT AGENDA INTO THE RECORD.
A REQUEST FOR A CHANGE IN ZONING FROM BP TO LS WITH A SPECIFIC DUE AUTHORIZATION FOR STORAGE OUTSIDE SCREENING FROM PUBLIC ROWS AND ADJACENT PROPERTY REQUIRED LOCATED AT 36 10 SPEEDWAY RUN ALL OVERLY REMAIN THE SAME.
STAR BRIGHT OVERLOOK SOUTH NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE.
A REQUEST FOR A CHANGE OF ZONING FROM C TWO TO C TWO CD WITH THE CONDITIONAL
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USE FOR OFFICE WAREHOUSE FLEX SPACE OUTSIDE STORAGE NOT PERMITTED EXCEPT IN THE I TWO DISTRICT LOCATED AT 66 0 3 NORTH IH 35.ALL OTHER RELEASE REMAIN THE SAME.
ZERO POSTS AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
ITEM NUMBER 14, A REQUEST FOR A CHANGE OF OWNER FROM I ONE AND R FOUR TO C TWO LOCATED AT 2 37 CASTRO ROAD AND 2 25 CASTROVILLE ROAD.
ALL OTHER RELEASE TO REMAIN 51 NOTICES MAIL ZERO IN FAVOR.
POST PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
CHARRO AND BRADY GARDENS NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE.
ITEM 15, A REQUEST FOR A CHANGE ZONING FROM R SIX TO RM SIX LOCATED AT 1435 AND 1439 KENT TRAIL DRIVE.
ALL OTHER RELATES TO REMAIN THE SAME.
18 NOTICES MAILED ZERO IN FAVOR.
AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
A REQUEST FOR A CHANGE OF ZONING FROM R SIX TO C TWO NA.
LOCATED AT FOUR 19 LEVETTE AVENUE, ALL O OTHER OVER LEASE TO REMAIN.
28 NOTICES MAILED ZERO IN FAVOR.
TANA COMMUNITY NEIGHBORHOOD ASSERTION IS IN FAVOR OUTSIDE 200 FEET.
ITEM 17, A REQUEST FOR A CHANGE OF ZONING FROM RM FOUR CD WITH A CONDITION OF USE FOR TOBACCO RETAIL TO IDZ ONE WITH USE PERMITTED IN C ONE AND TWO DING UNITS LOCATED AT 4 0 31 SOUTH FLORIDA STREET.
ALL OTHER OVERLAY TO REMAIN 25 NOTICES MAILED ZERO IN FAVOR.
LEO'S NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE.
ITEM 19, A REQUEST FOR A CHANGE OF ZONING FROM R SIX AND OH ONE TO IDZ TWO WITH USES PERMITTED IN C TWO AND BAR TAVERN LOCATED AT 11 0 3, 11 0 7 AND 1111 EAST QUINCY STREET AND TWO 12 AND TWO 16 MCLEAN STREET.
ALL OTHER OVERLY REMAIN THE SAME.
40 NOTICE IS MAIL AND ZERO IN FAVOR.
ZERO OPPOSED? TOBIN HILL COMMUNITY AND DOWNTOWN NEIGHBORHOOD ASSOCIATIONS.
SAN ANTONIO, TEXAS DISTRICT ONE RESIDENCE ASSOCIATION GAVE NO RESPONSE.
IS THERE ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT FOR THOSE ITEMS. VERY GOOD.
THE FLOOR IS NOW OPEN FOR A MOTION CHAIR.
I'D LIKE TO MAKE A MOTION FOR APPROVAL FOR ITEMS NUMBER 10 13 14 15 16, 17 AND 19.
IS THERE A SECOND? I'LL SECOND.
SECOND BY COMMISSIONER HINOJOSA.
ALRIGHT, ANY DISCUSSION? LOOKING LEFT, SEEING NONE.
THE MOTION IS FOR APPROVAL OF ITEMS 10 13, 14, 15, 16, 17, AND 19 BY COMMISSIONER KELLUM WITH A SECOND BY COMMISSIONER HINOJOSA.
IF YOU ARE HERE FOR ANY OF THOSE ITEMS WE JUST DISCUSSED, YOU CAN GO ABOUT YOUR DAY, PRAY FOR SUN, ENJOY FIESTA AND UH, GET TO CITY COUNCIL WITHIN SIX MONTHS.
WE ARE NOW GONNA MOVE ON TO OUR CONTINUANCE HEARING TO THE MAY 5TH, 2026 MEETING.
ADAM IS REQUESTING A TWO WEEKS CONTINUANCE TO THE MAY 5TH MEETING ARE ITEM NUMBER EIGHT AND NUMBER 11.
DO WE HAVE ANY PUBLIC COMMENT? WE DO HAVE PUBLIC COMMENT FOR ITEM NUMBER EIGHT.
MS. SCHAFFER, AS YOU WALK UP, IF YOU WOULD SAY YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU WILL HAVE THREE MINUTES.
UH, YOU CAN GIVE WHATEVER YOU WANT TO PROJECT TO STAFF RIGHT HERE AND THEY WILL PUT IT UP.
I OWN THE ADJACENT FIVE ACRE TRACKS.
LAND IN THIS AREA HAS BEEN IN MY FAMILY FOR YEARS.
JOHN SCHAFER, MY FATHER AND CLIFF.
WOULD YOU GIVE US YOUR ADDRESS JUST SO WE HAVE IT? UH, 5 0 5 CASTANO AVENUE, SAN ANTONIO.
GRANTING THE CHANGE IN ZONING FROM RESIDENTIAL TO THE HIGHEST COMMERCIAL AND INDUSTRIAL TYPE USE ON THIS ONE ACRE LOT AMIDST A RESIDENTIAL NEIGHBORHOOD IS CLASSIC SPOT
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ZONING.THE IMPACTS ARE IMMEDIATE AND MEASURABLE, INCREASED TRAFFIC, SAFETY, RISK NOISE, DECREASE IN THE PROPERTY VALUES.
NOW IF YOU LOOK AT THE FIRST PICTURE, THEY'RE IN ORDER.
THAT PICTURE, THE FIRST PICTURE IT NEEDS TO GO.
IS THIS MY TIMING? NO, NOT THAT PICTURE.
I THOUGHT THE PROJECTOR WOULD BE RIGHT HERE.
NOW LET'S TAKE A LOOK AT THE PICTURES.
CAN YOU SHOW THIS ONE FIRST? THAT WILL YOU PLEASE PUT IT UP? OH YEAH, JUST LEAVE IT UP IF YOU WOULD.
THIS IS THE WAY THE LAND LOOKED BEFORE MR. MORALES PURCHASED IT.
HE PURCHASED IT IN NOVEMBER, 2022.
THIS PICTURE IS TAKEN DECEMBER 21ST, 2023.
HE HAS ALREADY CLEARED THE LOT AND PLACED TRUCKS IN IT.
HE WAS CITED A UDC VIOLATION DECEMBER, 2024.
AND NOW AFTER THAT VIOLATION PICTURE, AFTER THE VIOLATION, THIS IS THE PICTURE.
I WENT OUT THERE LAST THURSDAY, APRIL 16TH.
THIS IS WHAT IT LOOKS LIKE TODAY.
PUT THAT OTHER PICTURE UP AND THAT'S, THIS IS WHAT IT LOOKS LIKE TODAY.
HE HAS PUT UP CORRUGATED FENCING GATING AGAINST UDC, EVEN THOUGH HE HAD A VIOLATION.
THIS IS A CASE WHERE USE WAS ESTABLISHED IN VIOLATION OF THE EXISTING ZONING, CONTINUES IN VIOLATION AND IS NOW SEEKING RETROACTIVE APPROVAL IF THE ZONING CAN BE DISREGARDED.
VIOLATIONS ALLOWED TO CONTINUE AND THEN CORRECTED AFTER THE FACT THROUGH REZONING THE INTEGRITY OF THE ENTIRE ZONING AND PLANNING COMMISSION AND CITY IS UNDERMINED.
INDUSTRIES ARE TYPICALLY SEPARATED FROM RESIDENTIAL USES FOR A REASON.
THIS PROPOSAL REVERSES THAT PRINCIPLE.
IT INTRODUCES INDUSTRIAL ACTIVITY INTO THE HEART OF A RESIDENTIAL COMMUNITY.
I'LL, I'LL GIVE HER ANOTHER MINUTE.
THIS IS MORE OF THE CORRUGATED FENCE AND WHAT IT LOOKS LIKE TODAY.
THIS IS THE AREA THAT CONTAINS THE OVERSIZED TRUCKING AND THE CORRUGATED FENCE TO THE RIGHT IS THE RESIDENTIAL NEIGHBORHOOD.
THIS IS THE RESIDENCE THAT IS DIRECTLY ACROSS.
IT'S ESTABLISHED, IT HAS SCHOOL BUSES.
THIS IS THE AREA THAT'S DIRECTLY ACROSS THE STREET, WHICH SHOWS THAT IT IS AN INTENSELY RESIDENTIAL COMMUNITY.
FOR ALL THESE REASONS, I RESPECTFULLY REQUEST THAT NOT ONLY THE ZONING BE DECLINED, BUT THE CONTINUANCE BE DECLINED.
THERE IS NO NEW INFORMATION THAT WILL CHANGE THE FUNDAMENTAL INCOMPATIBILITY OF THIS USE WITH THE SURROUNDING NEIGHBORHOOD.
CONTINUING THIS USE ONLY PROLONGS THE IMPACT ON NEARBY PRO PROPERTY OWNERS AND DELAYS.
ENFORCEMENT OF EXISTING REGULATIONS.
APPROVING THIS REQUEST WOULD REWARD ONGOING NON-COMPLIANCE AND SET A DAMAGING PRECEDENT.
HA, I CAN'T IMAGINE HOW SOMEBODY THAT BUYS AN R SIX PROPERTY IS RESIDENTIALLY OWNED ON HIS OWN, PUTS IN CORRUGATED FENCING AROUND IT, WHICH IS A HUGE EYESORE, STORES OVERSIZED VEHICLES AND CONTINUES AFTER A UDC ZONING VIOLATION HAS BEEN FILED.
I SHUDDER TO THINK WHAT HE WOULD DO WITH THE HIGHEST USE COMMERCIAL USE AND INDUSTRIAL USE.
NOW, I ALSO ASK WHY IS HE ASKING FOR A CONTINUANCE? I WOULDN'T TRUST SOMEONE LIKE THIS.
IS IT TO GET AROUND A STATUTE OF LIMITATIONS? WILL HE BE GRANDFATHERED? I DO NOT KNOW, BUT I DO NOT THINK A CONTINUANCE SHOULD BE GRANTED.
HE IS ON HIS OWN, DEVELOPED THIS RESIDENTIAL LAW IN THE MIDDLE OF A RESIDENTIAL COMMUNITY AND WILL
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CONTINUE TO DO SO.THIS PROPERTY SHOULD BE BROUGHT IN INTO COMPLIANCE, NOT REZONED TO JUSTIFY HIS VIOLATIONS.
AND ON A PERSONAL NOTE, I WILL ADD THAT MY FAMILY IS OWNED LAND IN THIS AREA FOR A LONG, LONG TIME.
MY FATHER AND CLIFF MORTON WERE BEST FRIENDS AND THEY PARTNERED TO DEVELOP THE LAKESIDE SUBDIVISION.
MY FATHER CONTINUED AND DEVELOPED THE FOSTER MEADOWS SUBDIVISION.
HE DONATED THE LAND AND HELPED CREATE THE SCHAFER LIBRARY IN THIS AREA TO BRING MORE SERVICES AND TO HELP THIS UNDERSERVED AREA.
ANY FURTHER? PUBLIC COMMENT? THAT IS IT FOR PUBLIC COMMENT.
UH, THE FLOOR IS NOW OPEN FOR A MOTION.
CAN I ASK A QUESTION? OF COURSE.
UH, JUST JUST TO STAFF ONE THING THAT CAUGHT MY ATTENTION FROM THE, UH, THE PUBLIC COMMENT.
UM, IS THERE ANY SITUATION WHERE A CONTINUANCE COULD RISK, UM, GIVING THE APPLICANT RIGHTS TO THE NONCONFORMING USE THAT THEY OTHERWISE WOULDN'T HAVE HAD? NO.
SO WE, WE COULD SAFELY CONTINUE THIS TO ANOTHER DAY AND CONSIDER IT THEN WITH THE FULL STAFF PRESENTATION.
THE FLOOR IS NOW OPEN FOR A MOTION.
THERE IS A MOTION FOR CONTINUANCE OF ITEMS EIGHT AND 11 TO MAY 5TH, 2026.
IS THERE A SECOND? I'LL SECOND.
SECOND BY COMMISSIONER HINOJOSA DISCUSSION.
MOTION IS FOR A CONTINUANCE FOR ITEMS EIGHT AND 11 TO MAY 5TH, 2026.
UH, BY COMMISSIONER PANA WITH THE SECOND BY COMMISSIONER HINOJOSA.
WE ARE NOW GONNA MOVE ON TO OUR SECOND CONTINUANCE DOCKET TO THE MAY 19TH, 2026 MEETING.
THE ITEM REQUESTING A CONTINUANCE OF THE MAY 19TH MEETING IS ITEM NUMBER ONE.
UH, ANY DISCUSSION? ANY PUBLIC COMMENT? THERE'S NO PUBLIC COMMENT.
I MEANT PUBLIC DISCUSSION CLEARLY.
THE FLOOR IS NOW OPEN FOR A MOTION.
COMMISSIONER KELLY, AS IT'S A DISTRICT EIGHT CASE, I MOVE THAT WE AGREE TO THE CONTINUANCE.
SECOND BY COMMISSIONER KELLUM.
UH, THE MOTION IS FOR A CONTINUANCE TO MAY 19TH, 2026 BY COMMISSIONER KELLY WITH A SECOND BY COMMISSIONER KELLUM.
UM, ANY DISCUSSION? LOOKING LEFT.
THE MOTION IS FOR A CONTINUANCE TO MAY 19TH FOR ITEM NUMBER ONE.
IF YOU ARE HERE FOR THAT ITEM, YOU WILL SEE YOU AGAIN IN FOUR WEEKS.
UM, WE ARE MOVING ON TO OUR INDIVIDUAL DOCKET.
IF WE COULD PLEASE HAVE OUR FIRST CASE, WHICH I BELIEVE IS ITEM NUMBER TWO.
AND MR. GOMEZ, DO YOU SEE THE APPLICANT? OKAY.
AT GOMEZ ZONING SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER TWO IS LOCATED AT 1139 NEW LAREDO HIGHWAY REQUESTING GOING FROM C TWO COMMERCIAL DISTRICT AND C3 GENERAL COMMERCIAL DISTRICT TO C3 GENERAL COMMERCIAL DISTRICT.
THE RETURN FOUR NOTICES SENT DOWN ZERO IN FAVOR, ZERO OPPOSED.
THE QUINTANA NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE.
STAFF HAS FOUND INDICATION OF LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH, SAFETY, OR WELFARE.
BASED ON THIS REQUEST, THE CURRENT ZONING IS APPROPRIATE FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED SEAT THREE GENERAL COMMERCIAL DISTRICT IS NOT APPROPRIATE.
THE SUBJECT PROPERTY CURRENTLY MAINTAINS A SPLIT ZONING OF C TWO AND C3.
THE C TWO PORTION SERVES AS A BUFFER PROVIDING A MORE APPROPRIATE TRANSITION TO THE ACTIVE RESIDENTIAL PROPERTIES TO THE NORTH THAN A C3 BASED DISTRICT WOULD ALLOW.
WHILE C3 ZONING DOES EXIST ALONG NEW LAREDO HIGHWAY, THESE PROPERTIES ARE INCONSISTENT WITH THE
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KELLY SOUTH SAN PUEBLO COMMUNITY PLAN ADOPTED IN FEBRUARY, 2007, WHICH DESIGNATES THIS AREA AS A NEIGHBORHOOD COMMERCIAL EXPANDING THE C3 ZONING WOULD PERMIT HIGH INTENSITY COMMERCIAL USES THAT COULD BE INCOMPATIBLE AND DETRIMENTAL TO THE ABUTTING RESIDENTIAL NEIGHBORHOOD.AND DO NOT BELIEVE THE APPLICANT IS HERE.
IS THE APPLICANT PRESENT FOR ITEM NUMBER TWO? GOING ONCE.
UH, THIS IS A DISTRICT FOUR CASE, SO COMMISSIONER PETE RODRIGUEZ TO YOU.
I'M GONNA REQUEST A CONTINUANCE SO THAT THEY CAN KEEP WORKING WITH STAFF, UH, TO COME TO AN AGREEMENT.
THERE'S A MOTION FOR CONTINUANCE TO MAY 5TH FOR ITEM NUMBER TWO.
IS THERE A SECOND? I'LL SECOND.
BY COMMISSIONER HINOJOSA DISCUSSION.
MOTION FOR CONTINUANCE OF ITEM NUMBER TWO BY COMMISSIONER PETE RODRIGUEZ WITH A SECOND BY COMMISSIONER HINOJOSA.
COMMISSIONER PETE RODRIGUEZ? YES.
ALRIGHT, WE CAN GO ALL TO OUR NEXT ITEM.
ITEM NUMBER THREE IS LOCATED AT FIVE 19 B STREET.
GOING FROM R SIX RESIDENTIAL SINGLE FAMILY DISTRICT TO R SIX CD RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITION OF USE FOR FOUR DWELLING UNITS.
THERE ARE 20, THERE WERE 23 NOTICES MAILED OUT.
GOVERNMENT HILL ALLIANCE AND RACIAL ASSOCIATION IS IN SUPPORT GOVERNMENT HILL TOMORROW.
COMMUNITY NEIGHBORHOOD ASSOCIATION IS ALSO IN SUPPORT.
STAFF HAS NOT FOUND INDICATION OF LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH, SAFETY, OR WELFARE BASED ON THIS REQUEST.
THE CURRENT R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING OF THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED R SIX CD FOR FOUR DWELLING UNITS IS ALSO APPROPRIATE.
THE SUBJECT PROPERTY IS LOCATED WITHIN AN ESTABLISHED RESIDENTIAL BLOCK CHARACTERIZED BY EXISTING DUPLEXES.
THE REQUESTED ZONING FOR CHANGE MAINTAINS THE AREA'S RESIDENTIAL CHARACTER WHILE PERMITTING AN INCREASING DENSITY THAT IS CONSISTENT WITH THE SURROUNDING MULTIFAMILY AND MULTIFAMILY USES.
ADDITIONALLY, THE CD CONDITIONAL USE REQUEST REQUIRES A SUBMISSION OF A SITE PLAN THAT CANNOT BE CHANGED WITHOUT FURTHER PUBLIC REVIEW.
THE PROPOSED ZONING IS ALSO CONSISTENT WITH THE GOALS OF THE STRATEGIC HOUSING IMPLEMENTATION PLAN, WHICH ENCOURAGES THE DEVELOPMENT OF ALTERNATIVE HOUSING TYPES TO ACCOMMODATE CITY'S GROWING POPULATION AT ALL INCOME LEVELS.
THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALRIGHT, IF WE COULD HAVE THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE FOR ITEM NUMBER THREE, PLEASE.
HAL PETERS, 1 0 1 6 STATE HIGHWAY 46 EAST, BERNIE, TEXAS.
UM, HERE TO ANSWER ANY QUESTIONS ABOUT THIS PROJECT.
ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT.
UH, THIS IS A DISTRICT TWO CASE.
UM, UNFORTUNATELY, COMMISSIONER LO IS NOT WITH US TODAY.
SO AS A RESULT, COMMISSIONER PANA, THE MAYOR'S COMMISSIONER WILL BE, UH, TAKING OVER FOR HER.
SO, COMMISSIONER PANA TO YOU FOR QUESTIONS.
UM, IT WAS BROUGHT TO MY ATTENTION THAT DISTRICT TWO OFFICES RECEIVED OVER 10 COMPLAINTS OR NOTICES OF OPPOSITION.
SO MY QUESTION FOR YOU IS, WHAT DID THE NEIGHBORHOOD OUTREACH LOOK LIKE? WHAT WERE THE CONVERSATIONS? I KNOW YOU WERE HERE A FEW WEEKS AGO.
YOU WENT BACK, WHAT WERE THOSE CONVERSATIONS LIKE? I WALKED THE NEIGHBORHOOD MYSELF, UM, AND
TWO PEOPLE CAME TO THE DOOR AND I WAS THERE FOR PROBABLY A TWO HOUR PERIOD JUST KNOCKING, KNOCKING, KNOCKING, WAITING FOR PEOPLE TO COME OUT.
ONE WAS A, UM, A MISSIONARY AND HE WAS MOVING TO NICARAGUA, UH, THE FOLLOWING WEEK.
AND HE JUST SAID, MAN, I'D LOVE IT, YOU KNOW, BUT, YOU KNOW, UNFORTUNATELY I'M NOT A OWNER.
AND THE SECOND GENTLEMAN, UM, I TALKED TO OWNED A TREE TRIMMING SERVICE, AND HE SAID HE LOVED THE NEIGHBORHOOD.
IT WAS INEXPENSIVE, IT WAS RELATIVELY QUIET, AND HE'D LOVE TO SEE IMPROVEMENT.
UM, HE LIVED RIGHT ACROSS THE STREET FROM THE PROPOSED, UH, LOTS, UH, WHERE THIS PROJECT IS AT.
BUT HE REMINDED ME AGAIN, I'M, I'M NOT AN OWNER.
UM, THE LETTERS IN OPPOSITION, I, I GUESS THAT WOULD BE ON THE FORMS. AND, AND I, I JUST SAW 'EM BY EMAIL, UM, FROM, UH, UM, LOOKING FOR IT, UH, GOVERNMENT HILL COMMUNITY ASSOCIATION.
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UM, MAYBE IT'S OUT OF THAT GROUP.AND I WAS TALKING TO RAIO EARLIER AND WE QUESTIONED WHETHER THEY LIVED WITHIN THE 200 FOOT, UM, LIMITS OF NOTIFICATION.
SO THERE'S, BUT I DIDN'T, I DID, I DID MEET WITH MS, UM, UH, MARLENE HODKINS.
SHE WAS HERE LAST TIME TO SPEAK AGAINST THE PROJECT.
ANY OBJECTION TO PROJECT GOVERNMENT? HILL COMMUNITY ASSOCIATION.
I MET WITH HER AT LENGTH, UM, FOLLOWING THE LAST MEETING.
AND, UH, WE CAME UP WITH, WE DISCUSSED NOW WHAT ABOUT ONE STORY BUILDINGS? WHAT ABOUT ADUS? WHAT ABOUT THIS? YOU KNOW, GET RID OF A LOT OF THE IMPERVIOUS COVER PROPOSED.
UM, YOU KNOW, KEEP IT SINGLE STORY.
UH, WHAT ELSE? WHAT ELSE? NO GARAGES.
AND SO WE MODIFIED THE PLAN, UM, JUST, AND I, I SENT IT TO MY OWNER, LUCY LOU, UH, THE INVESTOR.
UM, AND I SAID, HEY, THIS IS WHAT THE OBJECTOR OBJECTOR WANTED, WOULD LIKE TO SEE.
AND SHE SAYS, ON TOP OF, I DON'T WANT RENTALS.
MISS, UH, MARLENE SAID, NO RENTALS.
I DON'T WANNA SUPPORT RENTALS AT ALL.
AND, UM, YOU KNOW, JUST, WE WANT UNITS FOR SALE.
AND THAT WAS THE EASY MY GOES, OKAY, IF THEY SELL, BUT I CAN'T PUT IT FOR SALE FOREVER.
AT SOME POINT, I, I GOTTA MAKE A BUSINESS DECISION AND PROBABLY TURN THE RENTALS.
WE'LL, WE'LL SEE WHAT HAPPENS.
UM, UM, MISS DIETRICH ALSO SAID HER GROUP WOULD OFFER TO PURCHASE THE LAND AND DEVELOP THEM THEMSELVES.
AND I TOOK THIS OFFER TO LUCY LOU AND IT WASN'T ENOUGH.
AND SHE SAYS, WHY SHOULD I SELL IT? I'M READY TO DEVELOP IT.
AND, UH, HOW LONG IS IT GONNA TAKE 'EM TO GET THE MONEY? I HAVE, I, I OWN THIS FREE AND CLEAR.
I GOT A BANK READY TO FINANCE THE CONSTRUCTION OF THE PROJECT THAT YOU'RE WORKING ON.
YOU BROUGHT TO PROPOSAL TO THE ZONING COMMISSION.
I'M NOT INTERESTED IN SELLING TO THIS GROUP.
UM, SO WE, WE, WE SENT, WE SUBMITTED THE UPDATED PLAN WITH, UH, SINGLE STORY STRUCTURES, NO GARAGE, A DU FOR EACH UNIT.
AND, UH, THAT WAS CONSEQUENTLY REJECTED.
AND I GUESS THE MAIN, I DON'T KNOW WHAT ALL THE OBJECTIONS WERE, BUT THE BIG OBJECTION WAS, WE, WE CANNOT SUPPORT RENTAL UNITS IN THIS NEIGHBORHOOD.
AND SO WE PROCEEDED WITH A MODIFIED ORIGINAL PROPOSAL.
I THINK WE, WE MODIFIED THE PARKING.
WE GOT RID OF A LOT OF THE IMPERVIOUS COVER THAT WAS ORIGINALLY PROPOSED.
WE ADDED TREES, TRIED TO SUB SOFTEN THE, UH, FRONT FACADES OF THE BUILDING AND THE BACK, UH, TRYING TO SCREEN, UM, THE VISUAL, UH, I GUESS BIG BUILDINGS THAT FORT SAM HAS IN THE BACK.
AND WE'RE TRYING TO SOFTEN IT UP.
AND THAT'S, THAT'S WHAT I BELIEVE.
UM, WE'VE SUBMITTED FOR CONSIDERATION HERE TODAY, THE LATEST PLAN.
HOW MANY RESIDENTS ARE ON THE STREET? THERE'S A LOT.
I MEAN, I'D HAVE TO LOOK AT THE PLAN.
I MEAN, IT, IT TOOK ME TWO HOURS.
WAS THE OUTREACH JUST DONE IN ONE DAY? IT WAS DONE IN ONE DAY, YEAH.
WE, WE LEFT NOTICES EVERYWHERE.
AND THERE'S THREE NEIGHBORHOOD, UM, ASSOCIATIONS.
MY UNDERSTANDING MET WITH ALL THREE.
UH, WELL, I, I, I GUESS, UH, THERE ARE TWO REGISTERED NEIGHBOR ASSOCIATIONS AND THERE'S ONE ORGANIZATION.
THE TWO REGISTERED NEIGHBORHOOD ASSOCIATIONS ARE IN SUPPORT.
UH, BEFORE WE GO TO ANY OTHER COMMISSIONER, UH, THIS IS AN AMENDED SITE PLAN? THAT IS CORRECT.
UH, QUESTIONS TO MY RIGHT? YES.
UH, MAYBE A QUESTION FOR STAFF.
WHAT, WHAT WAS THE AMENDMENT AMENDED OR WHAT, WHAT WAS CHANGED? MR. PETER, WOULD YOU LIKE TO TAKE THAT? YEAH.
UM, YEAH, WE GOT RID OF THE IMPERVIOUS COVER.
UM, NOW, NO, NO, I'M GONNA REPHRASE THAT.
WE REDUCED THE IMPERVIOUS COVER.
WE HAD A LARGE PARKING LOT IN THE FRONT OF THE BUILDING, MORE OF A COMMERCIAL LOT.
SO WE, IT'S, IT'S A PLAN TO YOUR, TO YOUR LEFT.
IF YOU LOOK TO YOUR LEFT, UM, THAT'S THE LATEST, UH, PLAN.
IS THIS A LASER? HOW DO I USE THIS? OH, OKAY.
UH, SO WE, WE PUT THE PARKING HEAD IN PARKING LIKE YOU SEE IN TRADITIONAL HOMES AND A SINGLE, UH, SIDEWALK HEADING TOWARDS TWO SEPARATE UNITS, TWO DUPLEXES HERE.
I MEAN TWO UNITS HERE, UM, TWO UNITS HERE.
SO SAME CONFIGURATION WITH THE PARKING.
PREVIOUSLY WE HAD A LARGE, UH, PARKING LOT, SO I THINK WE REDUCED IT BY 50%, 40 TO 50%.
AND THAT WAS A MAJOR COMPLAINT.
I MEAN, THAT WAS, UH, IT SEEMED
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TO BE MISS, UH, DIETRICH'S, UM, IS A MAJOR POINT FOR HER.SO, YOU KNOW WHAT I JUST TOLD OWNER, LET'S GET RID OF THE GARAGE.
SHE DIDN'T LIKE THAT, BUT SHE GOES, I ACCEPT THAT.
AND IF, IF THAT'S WHAT'LL MAKE IT A, UM, IT WASN'T TOUGH FOR HER TO DO THAT.
AND THEN I SAID, LET'S JUST, UH, PROPOSE PLENTY OF LANDSCAPING AROUND THIS NEIGHBORHOOD, WHICH IS LACKING THERE AND, AND CAN'T HURT THE NEIGHBORHOOD.
UM, AND, AND, AND, YOU KNOW, ADD MORE GREENERY.
UM, YOU KNOW, PEOPLE COMPLAIN ABOUT A TWO STORY STRUCTURE.
WE'RE TRYING TO REDUCE THE MASS A LITTLE BIT BY HAVING YES.
AND JUST, JUST TO REMIND ME, UH, I PROBABLY NEED TO BRING MY GLASSES NEXT TIME.
BUT, SO BEHIND IT, THERE'S IS THAT FOUR OR TWO STRUCTURES PER UNIT? IT IS TWO, TWO SEPARATE STRUCTURES, TWO BUILDINGS.
AND EACH BUILDING WILL BE TWO DUPLEX.
UH, THE ITEM ON THE RIGHT WAS AN ALTERNATIVE THAT HAS NOT BEEN BEFORE THIS BODY.
IS THAT CORRECT? THAT IS CORRECT.
THIS IS THE FIRST TIME ONE WE CAN WE GET THE ORIGINAL SUBMISSION ON THE RIGHT INSTEAD OF, BECAUSE LOOKING AT THE PACKET EMAIL, THAT'S MORE IN LINE WITH WHAT HE'S TALKING ABOUT WITH THE TWO THAT NOPE, THE ORIGINAL SUBMITTED THE ONE IN THE PRESENTATION.
YEAH, THE ONE, THE PRESENTATION IS AMENDED.
THE ONE IN THE APPLI THE ONE IN THE PRESENTATION IS THE ORIGINAL.
IT'S NOT, IT'S NOT THE ONE FROM THE NOTICE.
SO THIS CASE WAS CONTINUED ABOUT TWO TIMES AND I THINK WE HAVE ABOUT THREE SITE PLANS.
I, I HAVE THE ORIGINAL, BUT IT, IT'S MESSY.
THESE ARE NOTES WHEN I SAT DOWN WITH MARLENE.
UM, IF THAT'S OKAY, CAN YOU SEND IT, CAN YOU JUST GIVE IT TO STAFF? YEAH, YEAH, OF COURSE.
SORRY FOR THE CONFUSION, EVERYONE.
THE PROPOSAL IS THE ONE THAT'S CURRENTLY ON THE RIGHT? CORRECT.
THIS IS THE AMENDED SITE PLAN ON THE RIGHT, RIGHT? YEAH.
SO NOW WE'RE NOT, NOW WE'RE NOT GONNA SEE THAT ONE, BUT WE'LL SEE THE ONE THAT WAS RIGHT ORIGINALLY SUBMITTED THERE.
UM, WITH GARAGES, A LARGE PARKING LOT, UM, NO TREES SHOWN.
SAME NUMBER OF BUILDINGS, SAME NUMBER OF UNITS.
SO THESE ARE TWO BUILDINGS, TWO UNITS SUCH TOTAL OF FOUR.
SO THE CURRENT OR THE NEW, UH, UH, I'M, I'M SORRY, I'M DRAWING A BLANK.
THE NEW MAP OR THE NEW, UH, THE NEW SITE PLAN.
THE MINUTE SITE PLAN, IT'S FIESTA.
UH, IT IT, WHAT IS THAT SHOWING NOW? BECAUSE IT LOOKS, IT LOOKS DIFFERENT TO ME.
IT, IT, IT'S, IT'S VERY DIFFERENT.
'CAUSE WE GOT RID OF THE GARAGES NUMBER ONE.
OH, SO BEHIND IT IS THE GARAGES.
NO, WE DON'T HAVE ANY GARAGES IN THE, IN THE NEW PARK.
CAN WE GET THE AMENDED SITE PLAN NOW? SO EVERYONE PUT THIS IN YOUR HEAD.
GET RID OF THAT ONE ON THE LEFT AND JUST THE ONE ON THE RIGHT.
OH, SO YEAH, THE GARAGES ARE GONE.
WE'VE REDUCED THE AMOUNT OF IMPERVIOUS COVER, PAVEMENT, PARKING LOT.
UM, I MEAN, WE GREATLY REDUCED IT AND WE ADDED A LOT OF BUDGET AND I WAS GETTING CONFUSED WITH THE OTHER PICTURE.
UH, SO MY LAST QUESTION, WHY WERE, WHY WERE THE CHANGES MADE? YOU MENTIONED A NAME, BUT I'M NOT FAMILIAR WITH THAT PERSON.
UM, LAST TIME I WAS HERE, UH, THERE WAS AN OBJECTION IN, UH, MARLENE HAWKINS.
HAWKINS AND, AND I CAN'T REMEMBER.
SHE'S WITH THE NEIGHBORHOOD ASSOCIATION, CORRECT? WELL, THE NEIGHBORHOOD ASSOCIATION THAT IS NOT RECOGNIZED BY ZONING.
SO I DON'T KNOW HOW TO ANSWER THAT.
UH, SHE'S AN INDIVIDUAL AND THAT CAME UP, OBJECTED.
I, SO, SO YOU MADE CHANGES TO HELP THE COMMUNITY OR THE WELL, I, I MADE CHANGES BECAUSE I'M A, I'M A NICE GUY.
YOU KNOW, I DON'T HAVE A PROBLEM WITH THAT.
AND I, I SPENT TWO HOURS WITH HER.
AND, UM, WE HAD COFFEE TOGETHER AT MCDONALD'S AND SHE SAYS, I'D LIKE TO SEE THIS, THIS, AND THIS.
THE ONE THING I CAN'T APPROVE IS RENTALS.
AND FOR TIME SAKES, SIR, I, I, I APPRECIATE.
UH, ANY FURTHER QUESTIONS? RIGHT? NO, WE'RE GONNA COME BACK AROUND TO YOU.
YES, COMMISSIONER WILL GO WITT AND THEN DOABLE.
I GUESS THIS IS PROBABLY FOR STAFF.
UH, UNDER THE R SIX BY ITSELF, YOU CAN DO TWO UNITS OR SINGLE UNIT OR A UNIT IN THE A DU, WHAT'S THE RULE? CORRECT.
YOU CAN DO THE SINGLE UNIT IF AND IF THE RESIDENT OR THE OWNER LIVES ON THE PROPERTY, THERE CAN BE AN ADDITIONAL, UH, ACCESSORY DWELLING UNIT.
[00:35:01]
THIS AND R SIX IS 6,000 FEET AND YOU HAVE TO HAVE 50 FEET OF FRONTAGE.SO TECHNICALLY THIS COULD BE CUT INTO TWO LOTS.
IS THERE ENOUGH FRONTAGE ON THAT? I'M JUST LOOKING, I CAN'T EXACTLY TELL IF THERE'S A HUNDRED FEET.
THERE IS ALWAYS A POSSIBILITY, YES, IF A PROPERTY IS TO MEET THE LOT STANDARDS, UM, TO PERMIT, UM, FOR IT TO BE SUBDIVIDED.
BUT I WILL SAY THAT THE ZONING SPECIFICALLY FOR THIS SUBJECT PROPERTY, SO WE APOLOGIZE FOR THAT OTHER PLAN THAT WAS ORIGINALLY SHOWN.
THAT WOULD NEVER BE ALLOWED BECAUSE AGAIN, THE, THE ZONING, THE REQUEST IS FOR FOUR UNITS ON THIS SUBJECT PROPERTY.
SO THE ONLY WAY YOU COULD REVIEW IS IF THE SITE PLAN SHOWS ONLY FOUR UNITS ON THAT SUBJECT PROPERTY.
IT DOESN'T MATTER IF THEY WERE TO SUBDIVIDED OR WHATNOT, ONLY FOUR UNITS WOULD BE PERMITTED ON THIS PROPERTY.
SO EVEN IF IT'S SUBDIVIDED, YOU DO TWO ON EACH LOT.
SO TECHNICALLY YOU COULD DO A TWO UNITS ON EACH.
AGAIN, IF YOU HAD TWO LOTS, IT'S HOW THE EVER THEY ORGANIZE IT OR DESIGN IT, BUT ONLY FOUR UNITS WOULD BE PERMITTED.
TOTAL ON THIS SUBJECT PROPERTY.
COMMISSIONER DOVE, UH, TO, TO STAFF.
MAYBE YOU COULD HELP CLARIFY FOR ME THE, UH, PUBLIC, PUBLIC RESPONSE.
'CAUSE I, I KIND OF GOT LOST IN IT.
UM, SO HOW MANY LETTERS IN SUPPORT FROM THE COMMUNITY? LOOK AT THE PRESENTATION HERE.
WE HAVE TWO IN FAVOR, ZERO IN OPPOSITION WITHIN 200 FEET, BOTH FOR THE REGISTERED NEIGHBORHOOD.
THERE IS A COMMUNITY ORGANIZATION THAT IS NOT REGISTERED THAT PROVIDED SOME OPPOSITION.
WE ALSO GOT, I GOT MY, SENT TO ME FOUR NOTICES FROM MARLENE FROM THE ORGANIZATION AND OPPOSITION.
THOSE FOUR NOTICES WERE FROM PEOPLE WITHIN THE SAME PROPERTY.
SO SAME ADDRESS, THREE INDIVIDUALS LIVING IN A SINGLE UNIT.
SO JUST IF I CAN, JUST TO GIVE THE COMMISSION A A LITTLE ADDITIONAL CONTEXT.
THIS IS A COMPLEX NEIGHBORHOOD WHEN IT COMES TO NEIGHBORHOOD ASSOCIATIONS AND COMMUNITY ORGANIZATIONS.
SO WE HAVE MULTIPLE REGISTERED NEIGHBORHOOD ASSOCIATIONS WITH DIFFERENT BOUNDARIES, BOTH BEARING THE NAME GOVERNMENT HILL, AND THEN WE HAVE A COMMUNITY ORGANIZATION THAT IS REGISTERED AS WELL.
JUST AS A REMINDER, IN THE LAST UDC AMENDMENT CYCLE, THE CITY ADOPTED A POLICY THAT WOULD ALLOW COMMUNITY ORGANIZATIONS TO REGISTER, EVEN IF THEY OVERLAPPED EXISTING NEIGHBORHOOD ASSOCIATIONS FOR THE PURPOSE OF RECEIVING NOTICE.
THAT'S WHY YOU'RE SEEING MULTIPLE NEIGHBORHOOD ASSOCIATIONS PLUS A COMMUNITY ORGANIZATION WEIGHING IN ON THIS ITEM AND THE, UH, OVERLAPPING BOUNDARIES.
SO THE, THE COMMUNITY ORGANIZATION, WHICH BY THE WAY IS THAT, IS THAT JUST LIKE A HOA THAT DOESN'T GET QUALIFIED AS REGISTERED OR WHAT, WHAT DOES THAT MEAN? ANYONE CAN REGISTER A COMMUNITY ORGANIZATION PROVIDED THEY GIVE THE CITY A BOUNDARY, UH, AND THEN THEY CAN ELECT INTO RECEIVING NOTICE FOR THINGS LIKE CHANGE OF ZONING.
THE, DO YOU GUYS HAVE ANY CONTEXT, THE BOUNDARIES OF THE COMMUNITY ORGANIZATION, DO THEY COVER THIS AREA OR THEY, THEY GENERALLY OVERLAP THE NEIGHBORHOOD ASSOCIATION BOUNDARY.
AND THEN, SO THEN TO THE APPLICANT.
UM, SO THE TWO REGISTERED NEIGHBORHOOD ASSOCIATIONS, UM, YOU RECEIVED LETTERS OF SUPPORT FROM THEM OR JUST THE SIGNED, UM, WHAT, WHAT, WHAT WAS THE FORM OF THAT? AS I MENTIONED EARLIER, BOTH OF THE REGISTERED NEIGHBORHOOD ASSOCIATIONS ARE IN SUPPORT OF THE REQUEST.
AND HOW WAS THAT SUPPORT GIVEN? IT WAS AN EMAIL SAYING THEY'RE IN SUPPORT.
WE MET, WE MET WITH THEM AND, AND GARNERED SUPPORT.
WE DID A PRESENTATION AND, AND THEN THEY FOLLOWED UP WITH AN EMAIL.
THANK YOU SO MUCH, COMMISSIONER.
VE UH, ANY FURTHER QUESTIONS? LEFT? ALRIGHT, NEXT ROUND.
DO WE KNOW HOW MANY MEMBERS ARE IN EACH NEIGHBORHOOD ASSOCIATION? NO.
THAT'D BE SOME USEFUL INFORMATION.
AND THIS IS THE THIRD TIME, THIS IS, THIS CASE HAS COME TO US AGAIN.
IT'S A CONTINUED, WE HAVE SEEN THIS PROPERTY BEFORE.
I'VE BEEN, WELL, I'VE BEEN INVOLVED.
YEAH, MY OWN PERSONAL OPINION IS THAT FOUR UNITS ON A PROPERTY OF JUST OVER A QUARTER OF AN ACRE IS, IS DENSE, IS OVERCROWDED.
[00:40:01]
THE FACT THAT YOU'VE ONLY BEEN ABLE TO GET, MAKE CONTACT WITH TWO PEOPLE ON THAT STREET, UM, KNOWING THAT YOU WERE HERE A FEW WEEKS AGO AND THAT YOU ONLY WENT OUT ONCE IS, IS A LITTLE BIT CONCERNING FOR ME.I WOULD'VE MADE A LITTLE BIT MORE EFFORT, UM, IN CONTACTING THE RESIDENCES.
UM, BUT OVERALL, I THINK IT'S, IT'S, UM, IT'S A HARD ONE.
UH, ANY FURTHER QUESTIONS? RIGHT? YES.
COMMISSIONER PETE RODRIGUEZ, THIS IS A QUESTION FOR STAFF.
UH, YOU SAID BOTH, UH, HOAS ARE IN, IN FAVOR.
HOW MANY, UH, SUBMITTED, I GUESS APPROVAL OR, UH, THE TWO THAT ARE IN FAVOR SUBMITTED NOTICE OF SUPPORT ON BEHALF OF THEIR RESPECTIVE ORGANIZATIONS THAT ARE REGISTERED? NOBODY INDIVIDUALLY SENT SUPPORT.
JUST THE, THE HOAS AS A ONE WHOLE.
WELL, IT CAME FROM THE ORGANIZATIONS THEMSELVES.
ANY FURTHER QUESTIONS? RIGHT, QUESTIONS LEFT.
I DO HAVE A QUESTION FOR STAFF.
WE HAVE SEEN THIS PROPERTY BEFORE IN THE PAST, WELL, SINCE I'VE BEEN ON, BUT THAT'S A VERY LONG TIME.
BUT MAYBE IN THE PAST THREE YEARS, FOUR YEARS? I'M NOT AWARE.
YEAH, I DON'T REMEMBER THIS CASE SPECIFICALLY.
NOT, THAT DOESN'T MEAN IT DIDN'T HAPPEN.
THANK YOU COMMISSIONER SIPES FOR PROVING THAT I'M NOT CRAZY
AT THIS POINT, UM, PUBLIC COMMENT IS COMPLETE.
YOU MAY STEP BACK, UH, COMMISSIONER OT TO YOU FOR DISCUSSION AND POTENTIAL MOTION.
I, I'D LIKE TO GO AHEAD AND MAKE A MOTION RIGHT NOW THAT YES, PLEASE.
MOTION FAILS FOR LACK OF A SECOND.
UH, THE FLOOR IS NOW OPEN FOR A MOTION.
CAN WE, MR. CHAIR, CAN WE, CAN WE TALK ABOUT IT FIRST OR DO WE NEED A MOTION? UH, NO, THE MOTION, THE MOTION FAILS.
I, I'D LIKE TO, I'D LIKE TO MAKE A MOTION FOR, UH, APPROVAL AND I'LL SECOND IT.
THERE IS NOW A MOTION FOR APPROVAL BY COMMISSIONER HINOJOSA WITH THE SECOND BY COMMISSIONER PETE RODRIGUEZ OF ITEM NUMBER.
UM, ALL RIGHT, NOW DISCUSSION TO MY RIGHT.
UM, THE REASON WHY I'M SEEKING APPROVAL IS I, I, I, I KNOW THIS AREA.
THERE'S A LOT OF RENTERS THERE.
I BELIEVE BOTH NEIGHBORHOOD ASSOCIATIONS ARE IN SUPPORT OF THIS.
EVEN THE THIRD, THIRD ORGANIZATION HE MET, HE MET WITH THEM HALFWAY.
UM, YES, I THINK YOU COULD HAVE PROBABLY GONE BACK A DIFFERENT DAY, A DIFFERENT TIME.
YOU COULD HAVE GONE A LITTLE BIT MORE, BUT I BELIEVE AT THIS, AT THIS POINT, UM, THE DUE DILIGENCE HAS BEEN DONE.
I, I REALLY DO HATE SEEING EMPTY LOTS ON THE EAST SIDE AND SOUTHEAST SIDE OF SAN ANTONIO, MYSELF, PERSONALLY.
COMMISSIONER OSA, COMMISSIONER P ANY, ANY OTHER DISCUSSION? RIGHT.
UH, I'M IN SUPPORT OF IT BECAUSE OF, UH, YOU'RE TRYING TO WORK WITH A THIRD H OR ORGANIZATION AND YOU ALREADY HAVE TWO THAT ARE IN FAVOR OF IT.
ANY FURTHER DISCUSSION? ALRIGHT, VERY GOOD DISCUSSION LEFT.
YEAH, I GLAD FOR THE OPPORTUNITY TO, TO, TO TALK IT THROUGH A LITTLE BIT.
I REALLY APPRECIATE COMMISSIONER ANA'S INSTINCT, UM, AROUND, UH, UH, YOU KNOW, CONCERN ABOUT THE, ANY OPPOSITION, UH, TO THE, TO THE CHANGE.
IT'S A NEIGHBORHOOD THAT LOOKS LIKE IS PREDOMINANTLY DUPLEXES.
UM, A FOURPLEX IS A LOT MORE THAN A DUPLEX.
UM, SO I I APPRECIATE THAT, THAT INSTINCT.
UM, I THINK IT, IT, IT CERTAINLY MAKES IT DIFFICULT TO MAKE SENSE OF THE NEIGHBORHOOD COMMUNITY ORGANIZATIONS AND HOAS.
AND, UM, IF, IF FOR EXAMPLE, UH, THERE WAS MORE PUBLIC COMMENT, YOU KNOW, MEMBERS, REPRESENTATIVES OF THOSE HOAS, WE COULD GET A BETTER SENSE IN GAUGE BETTER WHETHER THERE WAS, SAY, SUBSTANTIAL COMMUNITY OPPOSITION TO THE INCREASED DENSITY.
UM, SO, YOU KNOW, NOTE TO FUTURE APPLICANTS OR, UH, TO FUTURE COMMUNITY ORGANIZATIONS, IF YOU WANNA OPPOSE SOMETHING, MAKE SURE TO SHOW UP BECAUSE JUST WRITING A LETTER SAYING I OPPOSE IT, YOU KNOW, IS, IS, IS, IS DIFFICULT TO PROCESS.
UM, BUT GIVEN THE FACT THAT NOBODY, YOU KNOW, SHOWED UP, WE'VE GOT TWO COMMUNITY ORGANIZATIONS OR HOAS OR WHATEVER IN SUPPORT, ONE OPPOSED, IT'S NOT CLEAR HOW INVOLVED ANY OF THEM ARE.
THE APPLICANT CLAIMS TO HAVE MET WITH TWO OF THOSE ORGANIZATIONS.
UM, SO WITH THAT, I, YOU KNOW, I'M, I'M, I'M, I'M COMFORTABLE SUPPORTING THE MOTION TO MOVE FORWARD WITH IT.
[00:45:01]
VERY MUCH APPRECIATE THE, THE INSTINCT, UH, TO, YOU KNOW, WANNA BE SENSITIVE TO COMMUNITY INPUT.UM, AGAIN, AS COMMISSIONER SIPES CONFIRMED, UH, THIS PROPERTY HAS BEEN EMPTY FOR A LONG TIME.
UH, I, I UNDERSTAND THE CONCERNS REGARDING DENSITY.
UM, I CANNOT COUNTENANCE THE CONCERNS REGARDING RENTALS VERSUS SALES.
UM, SO, YOU KNOW, I DISREGARD THAT I WILL BE SUPPORTING THE MOTION.
THE MOTION IS FOR APPROVAL OF ITEM NUMBER THREE BY COMMISSIONER HINOJOSA WITH THE SECOND BY COMMISSIONER PETE RODRIGUEZ.
ALRIGHT, YOU HAVE SIX MONTHS TO GO TO COUNSEL.
ITEM NUMBER FIVE IS LOCATED AT 24 0 8 EL PASO STREET.
GOING FROM R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT TO IDZ ONE.
LIMITED INTENSITY INFO DEVELOPMENT ZONE WITH USES PERMITTED IN C ONE LIKE COMMERCIAL.
VERSE 27, NOTICES MAILED OUT ZERO IN FAVOR, ZERO POSTS.
THE HISTORIC WEST SIDE NEIGHBORHOOD RESIDENCE ASSOCIATION GAVE NO RESPONSE.
STAFF HAS FOUND AN INDICATION OF LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH, SAFETY OR WELFARE.
BASED ON THIS REQUEST, THE CURRENT R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED IDZ ONE, WHICH IS PERMITTED IN C ONE IS NOT APPROPRIATE.
THE PROPOSED RES REP, THE PROPOSAL REPRESENTS A COMMERCIAL ENCROACHMENT INTO THE RESIDENTIAL BLOCK PHASE BY PLACING COMMERCIAL USES BETWEEN TWO ACTIVE SINGLE FAMILY HOMES, A REQUEST WITH SANDWICH AND EXISTING RESIDENTIAL USE, AND DISRUPT THE ESTABLISHED NEIGHBORHOOD CHARACTER DESPITE SURROUNDING COMMERCIAL CONTEXT TO THE NORTH AND SOUTH, NORTH, SOUTH AND WEST.
THE MIDBLOCK LOCATION MAKES THIS SPECIFIC SITE FUNDAMENTALLY INCOMPATIBLE FOR COMMERCIAL EXPANSION.
THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
IF WE COULD HAVE THE APPLICANT PLEASE, AND IF YOU WOULD PLEASE GIVE US YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
I'M AT 1214 TOON SAN ANTONIO, TEXAS 7 8 2 0 7.
TELL US A LITTLE BIT ABOUT YOUR PROJECT PLEASE.
UM, I HAVE A BRANDING, UH, AGENCY AND I DO WORK FOR U UNIVERSITY HOSPITAL AND VARIOUS OTHER BUSINESSES.
SO I NEED A PLACE TO MEET WITH CLIENTS AND, UM, ALSO OTHER CREATIVE PEOPLE I WORK WITH.
UM, I USUALLY O OPERATE OFF MY HOME, BUT, UH, BRINGING CLIENTS TO THE HOME IS NOT A GOOD IDEA.
SO, UM, I'M PROPOSING TO HAVE AN OA SMALL OFFICE SPACE PLUS A COFFEE CART.
UM, SOMETHING THAT, UM, THAT PLAYS, I THINK NEEDS IT.
UM, IT'S A, A PLACE FOR THE NEIGHBORHOOD FOR THE NEIGHBORHOOD.
IT'S BY SOMEONE FROM THE NEIGHBORHOOD, UM, FOR THE NEIGHBORHOOD.
UM, AND IT'S GONNA BE A GRAB AND GO, UM, FOOD CART OR COFFEE CART.
UM, AND UM, I MET WITH THE, UH, HISTORIC ASSOCIATION AND THEY WERE IN FAVOR OF IT.
UH, AND MY TWO NEIGHBORS, I HAVE THEIR, UH, APPROVALS AS WELL.
UM, THEY DIDN'T MAIL IT IN, BUT THEY JUST HANDED IT TO ME.
SO I HAVE THOSE APPROVALS FROM BOTH SIDES OF THE, OF THE LOT.
UH, AND IT'S GONNA BE NO, UH, UH, MONDAY THROUGH FRIDAY.
MONDAY TO SUN SAT SUNDAY, 6:00 AM TO 7:00 PM UM, NO LATE NIGHT, UM, UH, ACTIVITIES.
SO, UM, I'M VERY RESPECTFUL OF MY NEIGHBORS AND MY NEIGHBORHOOD, SO I, I DON'T WANT, UM, ANYTHING TO DISRUPT THAT.
ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT FOR THIS ITEM.
THERE IS A DISTRICT, THIS IS A DISTRICT FIVE CASE, SO IT IS TO ME FOR QUESTIONS.
UM, YOU MENTIONED HOURS OF OPERATION MM-HMM
WHICH WE HAVE DISCUSSED IN THE PAST.
UM, IF I COULD, I'D LIKE TO AMEND THOSE SLIGHTLY.
SIX 30 TO SEVEN MONDAY THROUGH SATURDAY.
UH, AND EIGHT TO SEVEN SUNDAY.
UH, WE DISCUSSED DOWNWARD FACING LIGHTING AS WELL.
I'M NOT TRYING TO, BUT THIS IS AN IDZ SO WE CAN'T ADD CONDITIONS.
WHY DO I KEEP FORGETTING THIS? SORRY.
UH, THE CITY CAN ENFORCE, THE CITY CAN ENFORCE THOSE.
THE ONLY THING WE COULD ENFORCE IS LIKE, UH, DRAWINGS, ANYTHING
[00:50:01]
GOES ON THE SITE PLAN.WELL, DRAWING ITEMS, DRAWN ITEMS ON THE SITE PLAN, WE COULDN'T ADD LIKE CONDITIONS THERE, BUT LIKE IF THEY HAD THE BUILDING SETBACK.
SO OUR A LANDSCAPING OR PARKING.
THIS DOES INCLUDE AN MLOD OVERLAY.
SO IT WOULD ALSO ALREADY BE REQUIRED FOR THE DOWNWARD FACING LIGHTING.
AND IN FACT, THE OTHER CONDITION I WOULD WANT BESIDES OUR HOURS OF OPERATION WOULD BE SCREENED FENCING.
AND THAT'S ALREADY REQUIRED BECAUSE OF THE COMMERCIAL AGAINST RESIDENTIAL, CORRECT? THAT IS CORRECT.
SO I DON'T GET MY HOURS OF OPERATION.
ALRIGHT, THOSE ARE ALL MY QUESTIONS.
UH, WILL YOU BE NICE TO YOUR NEIGHBORS? YES.
UM, THOSE ARE ALL MY QUESTIONS TO THE RIGHT QUESTIONS.
UH, JUST TO STAFF, COULD, COULD YOU REIT UH, REITERATE THE NATURE OF THE OPPOSITION, THE, THE RECOMMENDED DENIAL, WHAT? CERTAINLY, SO IF WE LOOK AT THE ZONING MAP REALLY QUICK, CURRENTLY THERE IS SOME COMMERCIAL PRESENT IN THE AREA, BUT THE SPECIFIC LOT WOULD BE SEPARATING, UH, A RESIDENTIAL USE IF YOU SEE RIGHT THERE TO THE LEFT OF THAT PROPERTY.
AND THAT WOULD LEAVE IT BETWEEN TWO COMMERCIAL USES.
AND THEN TO CONFIRM FROM THE APPLICANT YES.
ALRIGHT, ANY FURTHER QUESTIONS LEFT? ALRIGHT.
UM, AGAIN, THIS IS DISTRICT FIVE CASE, SO IT IS TO ME FOR DISCUSSION AND POTENTIAL MOTION.
ALSO, I THINK I'VE BEEN CALLING YOU THE WRONG NAME.
UM, IN ANY EVENT, UH, I APPRECIATE STAFF'S RECOMMENDATION.
UM, NORMALLY I WOULD BE VERY, VERY CONCERNED ABOUT ANY COMMERCIAL USE, UH, BETWEEN TWO RESIDENTIAL USES IN THIS CASE BECAUSE IT'S DISTRICT FIVE BECAUSE THERE'S SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION, UH, BECAUSE THERE'S SUPPORT FROM THE CLOSEST NEIGHBORS AND THIS IS NOT VERY, VERY INTENSE COMMERCIAL USE.
IT IS COMMERCIAL USE THAT IS CIRCUMSCRIBED BY A SITE PLAN UNDER THE IDZ.
I AM MAKING A MOTION FOR APPROVAL OF ITEM NUMBER FIVE AS SUBMITTED.
SECOND BY COMMISSIONER DOVE DISCUSSION TO MY LEFT, TO MY RIGHT.
MOTION IS FOR APPROVAL OF ITEM NUMBER FIVE AS SUBMITTED 'CAUSE I WAS PREVENTED FROM MAKING ANY CONDITIONS, UH, BY ME AND A SECOND BY COMMISSIONER VE ROLL CALL, VOTE PLEASE.
YOU HAVE SIX MONTHS TO GO TO COUNSEL.
ALEXA RATANA ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER SIX IS LOCATED AT 1 3 5 2 7 SOUTHWEST LOOP FOUR 10 GOING FROM MF 25 LOW DENSITY MULTIFAMILY DISTRICT TO C TWO CD COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR PARKING AND STORAGE LONG TERM WITH ALL OVERLAYS STAYING THE SAME.
THERE WERE 21 NOTICES SENT OUT.
ZERO OPPOSED WITHIN 200 FEET STAR BRIGHT OVERLOOK.
SOUTH NEIGHBORHOOD ASSOCIATION AND VITA NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE OUTSIDE THE 200 FEET THERE.
THE EXISTING MF 25 LOW DENSITY MULTIFAMILY DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED C TWO CD COMMERCIAL DISTRICT WITH THE CONDITIONAL USE FOR PARKING AND STORAGE LONG TERM IS NOT.
WHILE THE INTRODUCTION OF A COMMERCIAL BASED ZONE BASED ZONING DISTRICT CAN BE BENEFICIAL IN SERVICING THE GROWING POPULATION IN THE AREA, THE CONDITIONAL USE ATTACHED TO THE REQUEST WOULD ESTABLISH AN INDUSTRIAL USE ON THE PROPERTY.
SETTING PRECEDENT FOR SUCH INDUSTRIAL USES ALONG THE HIGHWAY CAN NEGATIVELY IMPACT THE DESIGN AND CHARACTER OF THE ESTABLISHED AND DEVELOPING RESIDENTIAL NEIGHBORHOODS IN THE COMMUNITY.
STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF C TWO COMMERCIAL DISTRICT.
THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALRIGHT, IF WE COULD HAVE THE APPLICANT OR APPLICANT'S REPRESENTATIVE, PLEASE SIR, IF YOU WOULD GIVE US YOUR NAME AND YOUR ADDRESS AND TELL US ABOUT YOUR PROJECT.
I'M AT, UH, 38 45 WESTJET ROAD.
SO HE'S HERE TO ANSWER ANY TECHNICAL QUESTIONS ONCE WE GET THERE.
UM, BASICALLY WHAT WE'RE ASKING FOR IS, UM, OUR SITE PLAN IS, OR
[00:55:01]
WE BOUGHT THIS PROPERTY LAST YEAR, IT'S ABOUT 55 ACRES.WE'RE ACTUALLY UTILIZING THE FRONT PART OF, UH, FOUR 10 TO TURN IT INTO A COMMERCIAL PART.
WE'RE ASKING FOR THE STORAGE UNITS IN THE FRONT THAT WE BELIEVE IT'S GONNA, WILL BENEFIT THE GROWING SOUTH SIDE AREA.
IT'LL HELP ELIMINATE THE REASON FOR LONG-TERM PARKING IS TO BE ABLE TO MOVE VEHICLES, UH, RVS AND STUFF AWAY FROM NEIGHBORHOODS AND GIVE THEM A SAFE PLACE TO BE ABLE TO PARK THEIR STUFF.
HOWEVER, UM, OUR NEIGHBORS, WE'VE TALKED TO VIDA TO, UM, SOUTH, SOUTH BRIGHT ALSO AND METHODIST HOSPITAL, WHICH IS RIGHT NEXT TO US.
AND WE'VE UH, WITH METHODIST HOSPITAL, WE'VE ACTUALLY COME TO AN AGREEMENT.
WE'VE, UH, AMENDED OUR SITE PLAN TO SHOW A 50 FOOT BUFFER BETWEEN US AND METHODIST HOSPITAL.
AND ALSO WE DID WHAT ELSE? LET
AND WE DID THE 30 FOOT ALL THE WAY IN THE BACK, WHICH WOULD GO FROM, UM, BASICALLY THE C TWO TO THE R FIVE IN THE BACK, WHICH WE ACTUALLY OWN THE R FIVE IN THE BACK AS WELL EXCEPT WHERE THE NEW CONSTRUCTION'S BEING MADE.
UH, SO WE ARE DOING A, THE 30 FOOT BUFFER THERE AS WELL.
BESIDES THAT, I'M HERE TO ANSWER ANY QUESTIONS OR CONCERNS YOU GUYS MAY HAVE.
AND AGAIN, TECHNICAL STUFF, BJORN'S HERE TO ANSWER THOSE PARTS AS WELL.
THIS IS A DISTRICT FOUR CASE, SO COMMISSIONER PETE RODRIGUEZ TO YOU FOR QUESTIONS.
ANY QUESTIONS TO MY RIGHT? SEEING NONE QUESTIONS TO MY LEFT? YES.
UH, SO WHAT I, CAN WE STAFF, CAN WE PULL UP THE, UH, THE ZONING MAP STAFF REPORT? UH, THE UH, THE ONE THAT'S LIKE ATTACHED TO THE AGENDA THAT SHOWS THE, UH, ADJACENT PROPERTIES? OH, THAT IT DOES.
SO THE ADJACENT PROPERTIES ARE ZONED C TWO, UH, NOT RESIDENTIAL.
IS THAT, THAT'S A FAIR, FAIR ASSESSMENT, RIGHT? CORRECT.
THERE'S, CORRECT, THERE'S SOME NF AND R ON THE SOUTH SIDE, BUT IT'S, IT LOOKS LIKE IT'S C TWO WITH A CD ON ONE SIDE AND WITH AN S ON THE OTHER SIDE, RIGHT.
SO THERE'S RESIDENTIAL IN THE REAR AND THEN THERE'S COMMERCIAL TO THE EAST AND WEST OF THE PROPERTY.
UH, NOW WHEN I LOOK AT THE GOOGLE MAPS, YOU KNOW, AERIAL, IT LOOKS LIKE SOME OF THE C TWO IS DEVELOPED ON THE, UH, WEST SIDE OF THE PROPERTY, BUT IT LOOKS LIKE THE C TWO S LOT IS NOT DEVELOPED ON THE EAST SIDE OF THE PROPERTY.
THAT'S THE, THAT'S METHODIST PROPERTY.
OH, THAT'S THE METHODIST PROPERTY? CORRECT.
WHAT'S THE S FOR? I BELIEVE IT'S FOR THE HOSPITAL OVER 30.
IT'S A SPECIFIC USE AUTHORIZATION FOR A HOSPITAL.
AND UH, YOU KNOW, WITH THE IDEA THAT THEY HAVE THE ENTITLEMENT TO EXPAND THE HOSPITAL FACILITY THERE, IS THAT, DO WE HAVE AN IDEA ACTUALLY WITH A SPECIFIC USE AUTHORIZATION, YOU CANNOT EXPAND.
THEY HAVE TO COMPLY WITH WHAT THE SITE PLAN WAS SUBMITTED WHEN IT WAS REZONED, SO RIGHT.
BUT THEY HAVE A PLAN TO BUILD SOMETHING AND THEY HAVE CORRECT.
THEY YES, THEY HAVE PLANS TO PUT HOSPITAL THERE.
SO THAT WOULD BE THE SAME FOR THESE FOLKS.
UH, FOR THE C TWO CD THEY WOULD ONLY BE ALLOWED IF THEY WERE TO GO WITH THIS CONDITIONAL USE OF THE LONG-TERM PARKING AND STORAGE, THEY WOULD HAVE TO COMPLY WITH THE SITE PLAN AND THEY COULD NOT EXPAND OR DO ANY, UM, ADDITIONS.
SO THAT, THAT ADDRESSES THOSE TWO LOTS.
UH, THERE'S IMMEDIATELY TO THE WEST OF THE PROPERTY, UM, THE ZONING MAP SHOWS A C TWO CD ON THE ZONING MAP, BUT IT LOOKS LIKE ON THE AERIAL IT'S, IT'S RESIDENTIAL.
UH, COULD YOU HELP ME, AM I SEEING THAT CORRECTLY? THE C TWO CD TO THE, UH, WEST EMILY? I, UH, WE, THAT WAS RECENTLY REZONED LAST YEAR AND I BELIEVE IT WAS FOR ANOTHER AUTOMOTIVE OR, UM, IT WAS LIKE A IT'S FOR AN AUCTION.
AUCTION HOUSE THAT WE DO, UH, VEHICLES AND STUFF LIKE THAT FOR LIGHT, UH, VEHICLES AND UM, TRUCKS THAT WE, WE GOT THAT REZO LAST YEAR.
WE OWN THAT PROPERTY TO THE WEST AND TO THE NORTH OF THAT PROPERTY AS WELL.
SO THAT WHOLE CORNER THERE, UH, WELL I'M, AM I LOOKING AT IT WRONG? SO THE HILL COUNTRY BAKERY DISTRIBUTION, THAT'S NOT OURS FROM THERE EAST IS OURS.
SO, SO THE BAKERY, UH, HIS BOTH A C TWO AND AN INDUSTRIAL, THE C TWO THAT YOU SEE NEXT TO THAT, THAT WAS ORIGINALLY AN FM 25, UH, METHODIST WHEN WE TRIED TO DO THIS LAST YEAR, METHODIST HAD A CONCERN ABOUT THE DETENTION POND ON IT.
SO WE'VE, THAT'S WHY WE ARMS HERE.
WE MET WITH METHODIST ALREADY THIS YEAR, A COUPLE TIMES AND WE'VE COME TO AN AGREEMENT
[01:00:01]
THAT THEIR ENGINEER AND OUR ENGINEER AND METHODIST IS OKAY WITH WHAT WE'RE DOING AS FAR AS FOR THE DETENTION PONDS AND STUFF LIKE THAT.AND THAT'S WHY WE'RE BACK INSTEAD OF GETTING IT DONE LAST YEAR, WE UH, REMOVED IT OFF OUR AGENDA, UH, AMENDED THAT PART LAST YEAR UNTIL WE WERE ABLE TO DO A LITTLE BIT MORE RESEARCH AND WORK ON IT AND BE ABLE TO DO MORE STUFF WITH METHODIST AND THEIR ENGINEERS.
AND UH, NOW WE'VE COME TO AN AGREEMENT AND WE'RE ALL ON THE GO
SO THEN BACK TO STAFF, JUST TO CONFIRM HERE THEN.
SO WHEN I LOOK AT THE AERIAL, THANK YOU.
SO THE ZONING FOR THE C-U-C-C-D IS STILL STILL NAKED.
IT HASN'T ACTUALLY BEEN DEVELOPED YET, BUT IT ISN'T TITLED FOR A COMMERCIAL USE.
IT'S NOT, IT'S NOT, IT'S NOT ABUTTING THE, UH, THE RESIDENTIAL NEIGHBORHOOD FURTHER TO THE WEST.
UM, THE MF 25, UH, MULTIFAMILY ALSO LOOKS UNDEVELOPED.
IS THERE A CURRENT PLAN OF LIKE, IS THERE A PROJECT THAT WE, UH, TO DEVELOP THAT UM, IT'S PLOTTED TO BE DEVELOPED SO IT HAS A SUBDIVISION PLOT.
BUT MF 25, JUST AS A BUFFER QUESTION HERE, WHAT IS, WHAT DOES MF 25 LOOK LIKE FOR PRODUCT? UH, IT'S PLOTTED FOR A SINGLE FAMILY NEIGHBORHOOD, SO IT'S ZONED MF 25, BUT THEY CAN STILL DEVELOP SINGLE FAMILY HOMES.
NOW ARE YOU TALKING TO THE PART ONTO THE SOUTH PART OF IT OR WHICH SECTION? THE, THE STREET THAT'S PLOTTED IS LARGE MOUTH IS WHAT I WAS LOOKING AT.
THE ONE TO THE SOUTH THAT'S ACTUALLY A SMILEY SUBDIVISION, THEY'RE ACTUALLY DOING RESIDENTIAL HOUSES THERE.
UH, FOR WHATEVER REASON WHEN THEY ACTUALLY PLANTED THAT OR CHANGED THE ZONING, IT NEVER GOT THE FM 25 NEVER CAME OFF.
THAT SHOULD HAVE BEEN AN R FIVE.
UM, FOR THE MOST PART, I GUESS BECAUSE THEY ARE BUILDING RESIDENTIAL HOUSES THERE.
AND THAT'S WHY WE HAVE THE 30 FOOT BUFFER ON THAT SIDE TO BE ABLE TO COMPLY WITH A 30 FOOT BUFFER THAT IS REQUIRED FROM GOING FROM A C TWO TO A RESIDENTIAL SECTION.
ANY FURTHER QUESTIONS LEFT? SEEING NONE.
ANY LAST ROUND QUESTIONS? RIGHT? NOPE.
COMMISSIONER PETE RODRIGUEZ TO YOU FOR DISCUSSION AND POTENTIAL MOTION.
I AM GONNA MAKE A MOTION FOR APPROVAL, UH, SINCE THEY DO HAVE THE SUPPORT OF THE, OF THE HOSPITAL AND, UH, APPROVAL WITH THE SITE PLAN AMENDMENT WITH A BUFFER.
ALRIGHT, THERE'S A MOTION FOR APPROVAL OF ITEM NUMBER SIX, UH, AS AMENDED BY COMMISSIONER PETE RODRIGUEZ WITH A SECOND BY COMMISSIONER HINOJOSA DISCUSSION, RIGHT.
UM, I'M NOT GONNA BE SUPPORTING THE MOTION.
UH, I AGREE WITH STAFF THAT, YOU KNOW, WE'RE BRINGING IN A, A, A MORE INTENSE USE THAN, UM, AND WE'RE KIND OF SETTING A, IT SEEMS LIKE ON THIS PART OF TOWN, UM, YOU KNOW, TO LIKE, OH, WELL LET'S JUST PUT ANOTHER INDUSTRIAL TYPE OF USE.
AND I THINK, I THINK COMMERCIAL WOULD BE FINE, BUT I THINK THIS KIND OF CROSSES TO A LITTLE BIT TOO MUCH IN MY OPINION.
COULD I ADD SOMETHING? VERY GOOD.
ALRIGHT, ANY FURTHER DISCUSSION? LEFT.
MOTION IS FOR APPROVAL OF ITEM NUMBER SIX AS AMENDED BY COMMISSIONER PETE R RODRIGUEZ AND A SECOND BY COMMISSIONER HINOJOSA.
COMMISSIONER PETE RODRIGUEZ? YES.
OKAY, WE ARE NOW MOVING ON TO ITEM NUMBER SEVEN PLEASE.
ITEM NUMBER SEVEN IS LOCATED AT 10 0 5 NORTH SA WATER STREET GOING FROM R SIX RESIDENTIAL SINGLE FAMILY WATER QUALITY DISTRICT PROTECTION AREA OVERLAY TO IDZ THREE, HIGH INTENSITY IN ILL DEVELOPMENT ZONE WITH USES PERMITTED FOR LUMBERYARD AND BUILDING MATERIALS.
THERE WERE 30 NOTICES MAILED ZERO IN FAVOR, ZERO POST WEST THAN HOPE IN ACTION.
AND PROSPECT HILL COMMUNITY ORGANIZATIONS DID NOT PROVIDE A RESPONSE.
STAFF HAS FOUND LIKELY ADVERSE, LIKELY ADVERSE EFFECTS ON THE PUBLIC HEALTH, SAFETY, OR WELFARE BASED ON THIS REQUEST, THE CURRENT R SIX RESIDENTIAL SINGLE FAMILY DISTRICT IS INAPPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED IDZ THREE FOR USES PERMITTED IN LUMBERYARD AND BUILDING MATERIALS IS NOT
[01:05:01]
APPROPRIATE.THIS PROPERTY WAS SUBJECT TO A LARGE AREA REZONING IN 2023, WHICH TRANSITIONED THE AREA FROM MULTIFAMILY TO SINGLE FAMILY RESIDENTIAL.
THIS ACTION SOLIDIFIED THE CITY'S CLEAR INTENT TO MAINTAIN LOW DENSITY TO RESIDENTIAL CHARACTER.
THE CURRENT REQUEST IS INCONSISTENT WITH THE, IN THIS RECENT DIRECTION AND WOULD UNDERMINE THE 2023 LARGE AREA REZONING.
AERIAL IMAGERY CONFIRMS THE SUBJECT PROPERTY WAS VACANT AND UNDEVELOPED AS OF 2019, SIGNIFICANT DEVELOPMENT ACTIVITY APPEARS AS EARLY AS 2021 AND HAS CONTINUED WITHOUT THE REQUIRED BUILDING PERMITS, SITE PLAN APPROVALS, OR MANDATORY TECHNICAL REVIEWS.
THE UNPERMITTED NATURE OF THE ONGOING DEVELOPMENTS IS THE PROPERTY HAS BYPASSED TECHNICAL REVIEW REQUIRED TO ENSURE COMPATIBILITY WITH THE NEIGHBORING USES, SPECIFICALLY ACTIVE SINGLE FAMILY HOMES.
ABUTTING THE PROPERTY TO THE NORTH HAD NOT BEEN APPROPRIATELY BUFFERED, CREATING A DIRECT NEGATIVE IMPACT ON THE ESTABLISHED RESIDENTIAL CHARACTER AND THE QUALITY OF LIFE OF THE EXISTING RESIDENTS.
THE APPLICANT HAS ENGAGED IN CONSTRUCTION WITHOUT THE REQUIRED PERMITS, SORRY, WITHOUT, WITHOUT THE REQUIRED PERMIT REVIEW.
ESSENTIAL TO THE WEST SIDE CREEK'S WATER QUALITY PROTECTION AREA.
THIS OVERLY SPECIFICALLY DESIGNED TO MITIGATE THE DISCHARGE OF TOXIC CORROSIVE OR OTHERWISE HAZARDOUS POLLUTANTS INTO THE ECOSYSTEM.
BY BYPASSING TECHNICAL REVIEW OF THE PROCESS, THE DEVELOPMENT HAS FAILED TO DEMONSTRATE ADEQUATE STORM WATER TREATMENT MEASURES, POSING A DIRECT THREAT TO THE PUBLIC HEALTH AND WATER QUALITY OF THE WEST SIDE CREEKS.
THE APPLICANT'S REPRESENTATIVE APPEARS, ANSWER ANY QUESTIONS? ALRIGHT, IF WE COULD HAVE THE APPLICANT'S REPRESENTATIVE PLEASE.
EMILY WEISLER WITH KILLING GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE, SUITE TWO 50.
UM, WHILE STAFF GETTING UP A PRESENTATION, I DO WANNA NOTE AND I THINK A RADIO, I KNOW HE'S GOT A LOT ON HIS PLATE.
UM, BUT WE DO HAVE TWO ADDITIONAL RESPONSES AND SUPPORT FROM TWO OF THOSE SINGLE FAMILY HOMEOWNERS, UM, ON THE RECORD, SO I CAN, WE CAN CLEAR THAT UP ADMINISTRATIVELY.
UM, BUT I DO WANNA NOTE THAT TWO OF THOSE SINGLE FAMILY LOTS HAVE RESPONDED FORMALLY IN SUPPORT.
UM, THE OTHER TWO TO MY UNDERSTANDING ARE SUPPORTIVE.
UM, WE ARE JUST WAITING ON THEIR PIECES OF PAPER AS WELL.
UM, SO THERE'S BEEN A LOT OF DISCUSSION IN THE LAST TWO WEEKS WITH THOSE RESIDENTS, UM, AND PROPERTY OWNERS AS WELL.
BUT, UM, I WILL, DO YOU HAVE MY PRESENTATION? SORRY, MOLLY, JUST A SECOND.
I CAN JUST, I CAN JUST CHAT WITH YOU GUYS, UM, AND WE CAN GET INTO IT.
UM, THERE'S A COUPLE SLIDES THAT I DO NEED TO TALK TO YOU THROUGH, BUT THIS IS JUST OVER HALF AN ACRE ON OUR NORTH STAR ZAMORA.
UM, THERE IS A VERY LIMITED ACCESS POINT ON DELGADO, UM, THAT IS FOR EMERGENCY EXIT ONLY.
UM, THIS IS AN ESTABLISHED BUSINESS, UM, THAT WE ARE ACTIVELY WORKING ON WITH CITY STAFF, UM, INCLUDING PUBLIC WORKS DEPARTMENT ON THE FLOODPLAIN VIOLATIONS.
TO REMEDY THOSE, WE CANNOT CONTINUE WITH THE FULL COMMERCIAL PERMIT APPLICATION BECAUSE THE PROPERTY IS NOT ZONED COMMERCIALLY.
UM, WE HAVE TRIED TO SUBMIT PLANS, ENGINEERS HAVE TRIED TO SUBMIT PLANS, UM, THAT CANNOT BE FULLY ACCEPTED UNTIL ZONING IS ALIGNED.
UM, SO IT'S A BIT OF A ROCK AND A HARD PLACE.
UM, WE UNDERSTAND THAT THERE'S A LOT OF RETROACTIVE CONSTRUCTION PERMITS THAT NEED TO BE DONE.
UM, AND A LOT OF DISCUSSIONS HAVE ALREADY BEEN HAD WITH PUBLIC WORKS, SABRINA SANTIAGO AND HER TEAM.
UM, AND A LOT OF REMEDY COMING IN ON THE FLOODPLAIN DEVELOPMENT PERMIT SIDE.
UM, BUT WE ARE KIND OF IN A, IN A STALL OUT AT THIS POINT, UM, UNTIL THE ZONING IS PROPOSED.
THE ZONING IS RECTIFIED THE PROPOSED REZONING IDZ THREE WITH USES PERMITTED FOR THE LUMBER YARD, UM, AND BUILDING MATERIALS IS, IS THE BEST ZONING OPTION THAT THERE IS.
THIS IS A RETAIL ROOFING SUPPLY COMPANY YOU CAN BUY AND SELL.
UM, I CAN COME IN OFF THE STREET AND BUY SUPPLIES FOR MY ROOFING.
SO THIS IS NOT A MAJOR CONTRACTING YARD, UM, OR ANYTHING ELSE, MORE INTENSE.
DO YOU HAVE CONTROL OR DO I OH, THERE, IT'S THERE.
IF YOU WANNA JUST SCROLL DOWN, I'LL TELL YOU.
SO JUST REAL QUICK, HISTORICALLY PROPERTY WAS PURCHASED BY THE CURRENT OWNER IN MAY OF 2020.
UM, AND THAT IS WHEN CONSTRUCTION BEGAN.
UM, DUE TO THINGS LIKE COVID, SEVERE LANGUAGE BARRIER, NOT UNDERSTANDING THE FULL PROCESS, I THINK THERE WERE A LOT OF STEPS MISSED.
[01:10:02]
NO, NO HOLDS BARR ABOUT THAT.UM, BUT IT WAS UNDEVELOPED IN 2020.
PROPERTY YOU PURCHASED IN MAY.
IF YOU GO TO THE NEXT SLIDE, YOU CAN SEE DEVELOPMENT STARTING IN 2020, LATE 2020 AS THE PROPERTY TOOK OWNERSHIP.
NEXT ONE JANUARY OF 2022, COMPLETELY FINISHED.
IN JANUARY OF 2022 IS WHEN THE CERTIFICATE OF OCCUPANCY WAS APPLIED FOR VETTED AND APPROVED.
UM, NOT SURE WHAT HAPPENED DURING THAT REVIEW.
ZONING WAS REVIEWED UNDER THAT C OF O TWICE.
THE PROPERTY WAS LARGE AREA REZONED FROM MULTIFAMILY TO SINGLE FAMILY RESIDENTIAL.
UM, AGAIN, WITH TOTAL RESPECT FOR THE ARGUMENT THAT THIS IS A COMMITMENT TO MAINTAIN SINGLE FAMILY CHARACTER, THIS PROPERTY WAS NOT SINGLE FAMILY.
UM, THERE IS NO SINGLE FAMILY ESSENTIAL CHARACTER ON THIS PROPERTY.
IN NOVEMBER OF 2022 WAS WHEN THE, UM, ORDINANCE PASSED FOR THE UDC AMENDMENTS AND THE ADOPTION OF THE WEST SIDE CREEK'S WATER QUALITY PROTECTION AREA.
THIS PROPERTY WAS ALREADY FULLY DEVELOPED AT THE TIME OF THAT ORDINANCE ADOPTION THAT WENT INTO EFFECT JANUARY OF 2023.
UM, IF YOU GO TO THE NEXT ONE, UM, BUT AGAIN, HAPPY TO COMPLY, WHICH IS WHY THE EXISTING OUTDOOR STORAGE ON THIS PROPERTY IS BEING CONVERTED INTO FULLY ENCLOSED BUILDING.
THERE IS ONE EXISTING BUILDING, THREE EXISTING CANOPIES.
THOSE CANOPIES ARE BEING CONVERTED TO FULLY ENCLOSED BUILDING TO ENSURE THAT WE COMPLY.
ALTHOUGH DEBATABLY GRANDFATHERED FROM THE WATER QUALITY PROTECTION AREA, BECAUSE THIS PROPERTY WAS TO BUILT, BUILT PRIOR TO THE ADOPTION OF THIS, WE ARE GOING TO COMPLY, HAVE NO OUTDOOR STORAGE HERE, UM, WHICH IS THE ONLY PART OF THIS EXISTING USE THAT IS PROHIBITED BY THE WATER QUALITY PROTECTION AREA ORDINANCE.
UM, NONE OF THE OTHER LISTED USES ARE WHAT WE ARE DOING NOW WITH THIS ROOFING, UM, COMPANY.
UM, AND THIS IS JUST SO YOU HAVE CONTEXT.
THIS IS AN AERIAL IMAGE AT THE SITE OF THE TIME WHEN THE WATER QUALITY PROTECTION AREA WAS ADOPTED AND THE PROPERTY WAS GOING THROUGH THE LARGE AREA ZONING.
THIS IS A WELL ESTABLISHED ROOFING COMMERCIAL BUSINESS.
UM, AND AGAIN, WE ARE HAPPY TO COMPLY WITH THE WATER QUALITY PROTECTION AREA AFTER THE FACT, EVEN THOUGH WE MAY BE GRANDFATHERED FROM IT.
UM, AND CONTINUE TO WORK WITH PUBLIC WORKS ON ADDRESSING THE FLOODPLAIN ISSUES.
IF YOU WANNA SCROLL THROUGH, UM, JUST ADDITIONAL CONTEXT FOR YOU.
PROPERTY HASN'T CHANGED OVER THE LAST THREE YEARS, BUT THIS HAS BEEN AN OPERATING BUSINESS SINCE JANUARY OF 2022.
UM, SO FOR THE LAST FOUR YEARS THIS PROPERTY HAS BEEN IN BUSINESS.
IT IS WELL MAINTAINED, IT IS WELL FENCED, IT IS WELL SCREENED.
UM, AND WE DO HAVE THE SUPPORT OF THOSE ADJOINING NEIGHBORS, UM, AND CONTINUE TO BE A STRONG, WELL SUPPORTED BUSINESS IN THE COMMUNITY AND WOULD LIKE TO CONTINUE TO BE ABLE TO OPERATE AND ALSO CONTINUE TO RECTIFY THE PERMITTING FOR THE CONSTRUCTION.
HAPPY TO ANSWER ANY QUESTIONS.
RESPECTFULLY REQUEST YOUR SUPPORT TODAY.
PUBLIC COMMENT, THERE IS NO PUBLIC COMMENT, BUT WE DO HAVE A CODE ENFORCEMENT REPRESENTATIVE IF Y'ALL HAVE ANY QUESTIONS ON THOSE ITEMS. AND I JUST WANTED TO KIND OF, SO TO GO BACK TO, SORRY, EMILY, WE DO HAVE THOSE TWO RESPONSES.
THEY'RE THE TWO OF THE FOUR PROPERTIES.
UM, WE DO CONFIRM THAT WE GOT THEM, BUT I ALSO WANTED TO ADD INTO LIKE THE C OF O ITEM QUESTION.
UM, I PULLED UP THE MAP, THE APPLICATION THAT WAS SUBMITTED.
SO THIS PORTION, THE FRONT PORTION WAS I ONE, BUT THE REST OF IT WAS MF 33.
SO THEY DID RECEIVE A C OF O MEANT FOR THE I ONE SECTION AND, BUT, AND WE WOULD POTENTIALLY GRANT, UM, SOMETHING LIKE A NON-CONFORMING BECAUSE THE CFO WAS APPLIED FOR AND ALLOWED FOR THE I ONE SECTION BEFORE IT WAS REZONED PART OF AN LAR TO THE SINGLE FAMILY.
BUT AGAIN, THEY'RE EXTENDED OUT INTO THE LARGER AREA AND THAT'S WHERE THE CONCERN HAPPENS.
AND AS RAIO MENTIONED, WE DO HAVE SOMEBODY HERE FROM CODE ENFORCEMENT IF YOU WANT FURTHER QUESTIONS ON THAT.
I THINK I WILL TAKE YOU UP ON THAT.
MS. WEISER, STAY THERE FOR A SECOND.
UM, ALRIGHT, SO ONE THING THAT YOU MENTIONED, SORRY, THIS IS A DISTRICT FIVE CASE, SO IT IS TO ME FOR QUESTIONS.
UH, ONE THING THAT YOU MENTIONED, UH, WAS THAT, YOU KNOW, THIS COMPANY HAS BEEN IN BUSINESS HERE ON THIS SIDE FOR FOUR YEARS, RIGHT? WELL THAT CUTS BOTH WAYS, DOESN'T IT? IT DOES.
AND WITH ALL DUE RESPECT, HAPPY
[01:15:01]
APPRECIATES STAFF'S OFFER FOR SOME SORT OF NONCONFORMING.WE WOULD JUST LIKE TO MAKE THIS AS CLEAN AS POSSIBLE.
AND THAT IS MY JOB IS TO ENTITLE IT TO ITS FULLEST EXTENT NECESSARY AND CLEAN THAT UP DESPITE SOME BAD DECISIONS.
AND, AND SO LET'S UNINFORMED DECISIONS.
LET'S, LET'S ACCEPT FOR THE PURPOSE OF THIS NEXT QUESTION.
UM, GOOD INTENTIONS ON EVERYONE'S BEHALF.
UH, PERHAPS THERE WAS SOME MISCOMMUNICATION BECAUSE OF LANGUAGE BARRIER REGARDING THE INDUSTRIAL USE AND THE BOUNDS OF THE MULTIFAMILY THAT WAS PREVIOUSLY THERE.
UM, TELL ME A LITTLE BIT MORE ABOUT EXACTLY HOW THIS HAPPENED.
WHO, LIKE, FOR EXAMPLE, WAS THIS CONSTRUCTION, UH, SOLELY DONE BY THE OWNER OF THE PROPERTY? WERE THERE CONTRACTORS INVOLVED? WHAT, WHAT HAPPENED IF YOU KNOW, I DO NOT KNOW.
SHOULD HAVE GIVEN YOU A HEADS UP.
BUT YOU KNOW, WITH RESPECT TO THE COO, UM, CAN YOU TELL ME ANYTHING ELSE ABOUT THAT? WHAT WOULD YOU LIKE TO KNOW? SO IT WAS, WAS APPLIED FOR, UM, IT GOES THROUGH THE TECHNICAL REVIEW.
UM, AND AS STAFF NOTED, YOU KNOW, THERE THE ZONING THAT WE ARE REQUESTING, THE LUMBERYARD AND BUILDING MATERIALS CLOSEST USE, BUT THERE'S A FAMILY OF USES, CONSTRUCTION TRADES CONTRACTOR.
THERE'S A VARIETY OF USES THAT KIND OF ALL SAY THE SAME THING BUT DO A LITTLE BIT DIFFERENTLY.
UM, AND SO THAT WAS REVIEWED TWICE AS PART OF THE TECHNICAL REVIEW.
UM, THAT ALSO WOULD'VE GONE THROUGH INSPECTIONS.
UM, I WAS NOT THE APPLICANT ON THAT C OF O SO THERE'S ONLY A CERTAIN AMOUNT OF INFORMATION THAT I CAN SEE ON THE APPLICATION, UM, FOR THAT.
BUT I CAN SEE THOSE TECHNICAL REVIEWS, ANY COMMENTS FROM STAFF AS WELL AS THE INSPECTIONS THAT WERE OCCURRED IN PAST.
UM, SO FROM EVERYTHING THAT I CAN SEE AND FROM EVERYTHING THAT I'VE BEEN SHARED BY THE ENGINEER AND THE PROPERTY OWNER, IT WENT THROUGH THAT PROCESS SHOULD HAVE, HAVE BEEN PERMITTED ON THE FRONT END CERTAINLY.
BUT WE CANNOT GO TOO FAR WITHOUT THE ZONING RECTIFIED.
SO WHAT IS THE PLAN TO TRY TO RECTIFY THAT, ASSUMING ZONING OCCURS? SO PLANS HAVE BEEN ALREADY DRAWN UP, ESTABLISHED BUILDING PLANS FOR THE ENCLOSURE OF THOSE CANOPIES.
UM, AND THEN A FLOOD STUDY AND ALL OF THINGS THAT I ARE WELL OUTSIDE MY REALM OF QUALIFICATIONS AS FAR AS FLOODPLAIN DEVELOPMENT PERMITTING.
UM, BUT THOSE CONVERSATIONS HAVE BEEN HAD WITH THE ENGINEER FROM LEAK GROUP, UM, JUAN RODRIGUEZ AND HIS TEAM, UM, AND SABRINA SANTIAGO AND HER TEAM.
UM, SO ALL OF THOSE PLANS ARE CREATED AND PREPARED AND READY.
SEVERAL OF THEM HAVE ALREADY BEEN SUBMITTED, BUT REJECTED UNTIL THE, BECAUSE THE CITY CANNOT UNDERSTANDABLY ACCEPT COMMERCIAL PERMITS, UM, AND COMMERCIAL PLANS FOR A PROPERTY THAT IS ZONED RESIDENTIALLY.
SO WE ARE READY TO MOVE FORWARD WITH ALL OF THOSE THINGS AND CONTINUE THAT WORK WITH CITY STAFF AS NECESSARY.
ALRIGHT, THANK YOU MS. WEISLER, YOU MAY STEP BACK FOR A SECOND.
SO TELL ME LIKE THAT REPRESENTATION IS CORRECT AS FAR AS Y'ALL KNOW, THE REGARDING, YOU KNOW, THE FACT THAT RIGHT NOW WE HAVE AN ONGOING BUSINESS AND WE'RE GONNA GET TO CODE ENFORCEMENT IN A SECOND.
UH, WE HAVE AN ONGOING BUSINESS ON THIS SITE, UH, THAT IS SEEKING ZONING AND THAT IMPROPER ZONING IS PREVENTING SORT OF THE CORRECTION OF OTHER ISSUES IS CORRECT.
AGAIN, AS EMILY STATED, THEY DID GET A C OF OI FOUND THE APPLICATION FROM 2021.
THE FRONT PORTION WAS I ONE, AND THAT WAS WHAT HAPPENED.
UM, I WILL STATE JUST FOR EVERYBODY'S SAKE, THAT WE DO DO A TECHNICAL ZONING REVIEW BY MY STAFF, MY TEAM NOW FOR EVERY CFO APPLICATION, WHICH WAS NOT DONE AT THIS TIME.
UM, BECAUSE AGAIN, THIS WAS A SPLIT ZONED SITUATION AND, UM, BUT SO THEY HAD THE CFO, BUT AGAIN, THE CONCERN IS ALL THE BUILDING THAT HAPPENED AFTER THE FACT THAT MOST OF 'EM I DO NOT BELIEVE HAVE PERMITS.
IF WE COULD HAVE THE CODE ENFORCEMENT OFFICER, PLEASE MA'AM, IF YOU WOULD INTRODUCE YOURSELF.
MY NAME IS MICHELLE VELASQUEZ.
I'M A SENIOR CODE ENFORCEMENT OFFICER WITH DEVELOPMENT SERVICES.
I AM THE ASSIGNED OFFICER ON THIS CASE.
THERE'S CURRENTLY FIVE OUTSTANDING CODE VIOLATIONS, UH, WORKING OUTSIDE THE SCOPE OF THE CURRENT C OF O.
THE OCCUPANT LOAD IS CURRENTLY TWO.
THE, UM, THERE HAS SINCE BEEN EXPANSIONS OF GARAGES AND CARPORTS,
[01:20:01]
SO THAT OCCUPANT LOAD HAS NOT BEEN CORRECTED.THERE'S ALSO A BUILDING PERMIT FOR, UM, LACK OF BUILDING PERMIT FOR THE CONSTRUCTION OF THE CARPORTS AND THE GARAGES, UH, NO BUILDING PERMIT FOR THE CONSTRUCTION OF THE PERIMETER FENCE.
AND ALSO THERE'S TWO UDC CASES, ONE FOR THE UNAPPROVED FENCE MATERIALS, WHICH THE PERIMETER FENCE IS CONSTRUCTED OF CORRUGATED METAL AND ANOTHER UDC VIOLATION FOR UNAPPROVED FENCE MATERIALS.
THERE'S RAZOR WIRE, THE, UH, THE FULL LENGTH OF THE PERIMETER FENCE.
AND THOSE HAVE, UH, THOSE ARE STILL OUTSTANDING.
THEY'RE STILL MUNICIPAL COURTS PENDING.
IF YOU COULD GIVE ME A LITTLE, WHEN YOU SAY OCCUPANT LOAD AS A VIOLATION, WHAT DO YOU MEAN? HOW MANY, UH, PERSONS ARE APPROVED TO BE, UM, INSIDE THE STRUCTURE BASED ON HOW LARGE THE STRUCTURE IS? SO AT THE TIME IT WAS A, AND THE AERIALS, LIKE THE HISTORY, UH, IT WAS A SMALL STRUCTURE THAT WAS APPROVED FOR THAT C OF O.
NOW IT'S EXPANDED AND DURING MY INVESTIGATIONS, THE TIMES I'VE BEEN ON THE PROPERTY, I'VE SEEN MORE THAN TWO PEOPLE, MORE THAN TWO EMPLOYEES AND THE PUBLIC INSIDE THOSE STRUCTURES.
UM, SO ORIGINALLY IT WAS APPROVED FOR TWO AS AN OCCUPANT LOAD? YES, SIR.
UM, AND, AND HOW WAS THE OCCUPANT LOAD CALCULATED, IF YOU KNOW? UH, BY THE, UH, BUILDING INSPECTOR.
THROUGH DEVELOPMENT SERVICES AND, AND BASED ON, ON THE SQUARE FOOTAGE OF THAT BUILDING? YES, ABSOLUTELY.
SO, YOU KNOW, PRESUMABLY IF THEY HAD DONE IT PROPERLY, THEY HAD GOTTEN THE BUILDING PERMITS, THEY HAD EXPANDED RIGHT ALONG WITH THAT, THE OCCUPANT LOAD WOULD EXPAND AS WELL.
THEN IT WOULD'VE TRIGGERED RIGHT.
THEIR CERTIFICATE OF OCCUPANCY.
ALRIGHT, MS. WEISLER, BACK TO YOU.
MS. VELAZQUEZ, OFFICER VELAZQUEZ, WHAT'S THE APPROPRIATE TITLE? OFFICER VELAZQUEZ, EXCUSE ME.
AND THE ENCLOSURE OF THAT BUILDING, WILL, THOSE CANOPY STRUCTURES WILL TRIGGER THAT REVIEW OF THE CERTIFICATE OF OCCUPANCY AND EXPANDED OCCUPANCY LOAD? UM, BECAUSE WE CAN'T HAVE ANY OUTDOOR STORAGE BECAUSE OF THE, FOR A PERMIT THAT CAN'T BE CORRECT.
WOULD YOU TELL ME WHAT IS THE PLAN FOR THE FENCE GIVEN THE COURT CODE ENFORCEMENT ISSUES? YES.
UM, RAZOR WIRE SPECIFICALLY IS PROHIBITED BY CODE.
UM, I DON'T EVEN THINK YOU CAN GO BOARD OF ADJUSTMENT FOR RAZOR WIRE.
THERE ARE CERTAIN TYPE OF MAYBE THE CORRUGATED METAL, THE CORRUGATED METAL, THEY CAN GO TO BOA.
THE THERE IS PERMISSION FOR BARBED WIRE, NOT RAZOR WIRE.
BUT THE BARBED WIRE HAS TO BE BROUGHT IN TO LIKE THE BUILDING FOOT OR, UM, THE SETBACKS BASICALLY.
SO IF THEY WANT IT ALONG THE PERIMETER, THAT IS ANOTHER ITEM THAT WOULD BE REQUESTED BY THE BOA FOR THE BOA AND FOR THE COMMISSION'S UNDERSTANDING.
THIS CASE ALSO HAS TO GO BEFORE THE, THE SETBACKS.
UM, THE EXISTING SETBACKS, ALTHOUGH, UM, IDZ IS THE CLOSEST WE CAN GET TO REMEDYING THOSE EXISTING SETBACKS, WE STILL HAVE TO GO TO BOARD OF ADJUSTMENT TO ADDRESS THOSE SETBACKS.
SO THERE ARE, THERE ARE A LOT OF STEPS INVOLVED HERE, UM, IN, IN THIS PROCESS.
UM, SO, UM, WITH RESPECT TO, I CANNOT SPEAK ON BEHALF OF THE PROPERTY OWNER WITH RESPECT TO IF THE, UM, BARBED WIRE WOULD BE SOMETHING THAT WE WOULD PURSUE AT BOARD OF ADJUSTMENT, BUT WE ARE ALREADY ANTICIPATING HAVING TO GO TO BOARD OF ADJUSTMENT FOR SETBACK CONSIDERATION AS WELL ON THE NORTHERN SIDE AND EASTERN.
I THINK THOSE ARE ALL MY QUESTIONS.
UH, WE'RE GONNA START ON MY RIGHT QUESTIONS.
COMMISSIONER HINOJOSA, UH, QUESTION FOR PROBABLY STAFF OR MAYBE CODE.
UM, I SEE THAT THERE'S SOME SCHOOL ZONES, LIKE SIGNAGE, LIKE RIGHT, RIGHT.
CLOSE TO THAT BUILDING FURTHER DOWN TO THE, ACROSS THAT BRIDGE.
IS THAT FOR, I KNOW THE AREA, I MEAN IS IT IRVING? IS IT CROCKETT? THERE'S SOME SAD SCHOOLS OR IS THERE ANOTHER CHURCH SCHOOL? I JUST WANT TO SEE IF YOU GUYS KNEW WHAT THAT'S FOR, WHAT IT'S ZONE FOR.
I KNOW THAT RHODES MIDDLE SCHOOL IS PROBABLY ABOUT, MAYBE A BLOCK DOWN.
YOU MEAN IRVING MIDDLE SCHOOL? I, SORRY, I BELIEVE I THOUGHT IT WAS RHODES MIDDLE SCHOOL, BUT IT COULD, IT IS A LITTLE FURTHER DOWN.
BUT, UH, DOUG OTTO OR REESE'S WHERE IRVING'S AT AND KNOW CROCKETT ELEMENTARY FURTHER DOWN.
I JUST DIDN'T KNOW IF THERE WAS A SPECIFIC OR HOW WOULD YOU FIND THAT.
THANK, THAT'S ALL MY QUESTIONS.
ALRIGHT, ANY FURTHER QUESTIONS? RIGHT.
COMMISSIONER KELLY, I HAVE A QUESTION, I GUESS, UM, BY THE APPLICANT'S REPRESENTATIVE
[01:25:01]
ABOUT THE FLOOD PLAIN ISSUE MM-HMMHOW, UM, ARE WE TALKING ABOUT THE FACT THAT THE PROPERTY NEEDS TO BE RAISED AND HOW WOULD THAT BE ACCOMPLISHED? OR WHAT, WHAT IS THE FLOOD PLAIN ISSUE AND WHAT'S THE MITIGATION THAT'S NEEDED? SO THE ENTIRE PROPERTY IS INSIDE THE A HUNDRED YEAR FLOODPLAIN.
UM, SO WE CANNOT, SHOULDN'T MAKE ANY IMPROVEMENTS, UM, INSIDE THE A HUNDRED YEAR FLOODPLAIN.
UM, THAT IS STILL UNDER DISCUSSION, UM, WITH SABRINA PUBLIC WORKS AND HER TEAM ON WHAT MITIGATION THAT INVOLVES BECAUSE THE PROPERTY AS IT STANDS TODAY HAS A HUNDRED PERCENT IMPERVIOUS COVER.
UM, SO THAT IS PART OF THE DISCUSSION AND PART OF THE REVIEW IS DETERMINING WHAT THOSE MITIGATIONS, WHAT THAT MITIGATION LOOKS LIKE.
UM, IS IT DECONSTRUCTION, UM, IS IT IMPERVIOUS COVER? COVER? WHAT DOES THAT MEAN? IS THAT FILL, IS THAT GRADING? UM, I, THAT HAS NOT BEEN FINALIZED YET.
WELL, IT JUST SEEMS TO ME THAT'S GONNA BE A REAL DIFFICULT CHALLENGE BECAUSE TYPICALLY YOU DON'T WANT TO ADD IN, UH, FILL INSIDE A FLOODPLAIN.
AND THEN WHAT'S IT OKAY, UH, FOR STAFF, UM, IN TERMS OF, UH, PROCEDURAL HISTORY, I JUST WANT TO LIKE LOCK IT DOWN BECAUSE I THINK IT, IT DOES MATTER.
UM, WHERE, WHERE, WHO MADE WHAT MISTAKES? SO, UM, ORIGINAL, UM, CCF, CFO, UH, WAS ISSUED FOR LAND USE.
THE REQUEST WAS FOR ROOFING MATERIAL SALES, HOUSING, AND SELLING ROOFING MATERIALS.
SO THE APPLICANT ORIGINALLY APPLIED FOR
AND THEY, UH, THEY OBTAINED THE CFO AT THAT TIME.
THE CO APPLICATION HAS IT CALLED OUT FOR THE I ONE PORTION.
SO ONE PORTION, THE SPLIT ZONING, ONE PORTION.
LET, LET'S, CAN WE, CAN WE SEE A MAP AGAIN, JUST SO I CAN SEE WHERE, WHERE, WHAT WAS, WHERE IT WAS? SO THAT FRONT PORTION IN PURPLE WOULD'VE BEEN THE INDUSTRIAL SIDE, WHICH IS WHAT THE CFO WAS FOR.
CAN YOU SHOW ME COMPARED WITH WHAT, HOW, HOW MUCH OF IT WASN'T? YOU SEE THE STRUCTURE WITH THE REDDISH ORANGE ROOF? UH, I'M SORRY, I'M NOT ACTUALLY FOLLOWING.
COULD YOU, SO IF YOU FOLLOW THIS, THIS IS GONNA BE REALLY ROUGH.
THE PROPERTY KIND OF, THERE'S A, I SEE THERE'S THAT ROOF BACK.
DO YOU HAVE ANOTHER JUST REGULAR DO IT FOR THE SITE? OH YEAH.
WHY DON'T, WHY DON'T WE DO IT ON THE SITE PLAN IF WE, UH, UM, I THINK ROUGHLY, UM, THIS PROBABLY THE LINE.
SO ALL OF THIS WITH THOSE MATERIALS, THAT EXISTING BUILDING, UM, THAT IS THE ONLY, UH, FULLY ENCLOSED BUILDING.
SO ALL OF THAT WOULD'VE BEEN IN THE ORIGINAL I ONE, THIS OUTDOOR STORAGE AREA.
UM, AND DRIVE IS, WAS NOT AS PART OF THE ORIGINAL I ONE.
DOES THAT MAKE SENSE? I JUST YES.
DRAW AND IT, IT WAS ZONED MF MF 33.
SO THOSE TWO, UH, CANOPY STRUCTURES, THOSE ARE CANOPY STRUCTURES FOR OUTDOOR STORAGE? YEAH.
SO THE, THE ENCLOSED STRUCTURE WAS THE ONE THAT HAD THE CFO THE STAFF.
SO THE ENCLOSED WAS THE ONE WITH THE C OR NOT.
SO THE CFO WAS FOR A STRUCTURE THAT WAS EXISTED ALREADY IN AN INDUSTRIAL PROPERTY, THE C OS FOR NON-CONSTRUCTION.
THAT MEANS THAT NO ONE EVER LOOKED AT CONSTRUCTION PLANS FOR THIS TYPE OF USE.
SO THE INSPECTOR WOULD'VE GONE ON SITE.
CAN YOU EXPLAIN THAT? WHAT, WHICH PART?
SO TO, TO SUMMARIZE, THEY APPLIED FOR CFO AT THE TIME WHEN IT WAS SPLIT ZONED FOR THIS PORTION OF THE PROPERTY THAT WAS ZONED INDUSTRIAL.
SO AT THE TIME, THIS TYPE OF APPLICATION GOES THROUGH THE PERMIT COUNTER, WHICH DOESN'T, DIDN'T THEN TAKE A ACTUAL ZONING ROOF FROM A ZONING STAFF MEMBER.
IT WAS DONE BY THE PERMIT COUNTER STAFF.
IT WAS SPLIT ZONED BACK THEN THE C OF O FOUR WAS NO CONSTRUCTION, MEANING THEY WERE USING AN EXISTING BUILDING.
SO THERE WAS LESS SCRUTINY THERE AT THAT TIME BASED ON THE REQUEST.
SO THEN, AND THEN TO, TO, YOU KNOW, MOVE FORWARD THEN ADDITIONAL WORK WAS DONE WITHOUT REVISITING THE PERMIT STRUCTURES WERE BILLED.
[01:30:01]
HOW DID IT, UM, HOW DID IT COME UP? HOW, HOW, HOW WAS IT FIGURED OUT THAT THIS WAS, UH, A, A PROBLEM? CAN YOU, SO, AND THIS HAS BEEN SOMETHING THAT WE'VE BEEN TRYING TO, AND I THINK CHAIR ANTE CAN SPEAK TO THIS AS WELL, TRYING TO REMEDY FOR QUITE SOME TIME.UM, UH, I THINK WITH THE LARGE AREA REZONING, UM, THERE WAS DISCUSSION AND I THINK THERE WAS A, A, A MISUNDERSTANDING ON BEHALF OF THE PROPERTY OWNER ON WHAT THOSE ZONING OPTIONS WERE.
HE KNEW HE HAD INDUSTRIAL, HE WANTED INDUSTRIAL, DIDN'T KNOW THAT THERE WERE OTHER OPTIONS AND A WAY TO FIGURE OUT WHAT THAT LOOKS LIKE AT THAT TIME WHEN IT WAS GOING THROUGH THE LARGE AREA REZONING IN 2023.
I THINK THAT, IS THAT A FAIR CHARACTERIZATION TO AN EXTENT.
UM, YOU DON'T GET TO ASK ME QUESTIONS.
I KNOW
UM, JUST CHANGING THINGS UP A BIT HERE.
UM, SO WE HAVE BEEN WORKING ON THIS FOR QUITE SOME TIME ON DISCUSSIONS WITH THE COUNCIL OFFICE, UM, COMMUNITY ON WHAT THE BEST ZONING REQUEST IS TO AVOID ASKING FOR AN I ONE, NOT WANTING TO ASK FOR AN I ONE, NOT WANTING TO PUT A LARGE INDUSTRIAL ZONING ON THIS PROPERTY.
UM, THIS IS REALLY RETAIL IN NATURE.
UM, AGAIN, THIS IS NOT MAJOR CONSTRUCTION CONTRACTING YARD.
UM, BUT WHAT IS THAT BEST USE? THERE'S REALLY NOT ONE, BUT WE'VE GOT THE CLOSEST ONE AND HOW DO WE GET IT, UM, IN A WAY THAT TRIGGERED A SITE PLAN, UM, AND HAS THOSE PARAMETERS IN PLACE, REQUIRES US TO ELIMINATE AND PROHIBIT OUTDOOR STORAGE SO WE CAN PUT THAT ON THE SITE PLAN.
UM, JUST THE WAY TO ASK FOR THE LEAST INTENSE AND MOST SPECIFIC OPTION FOR WHAT IS EXISTING, UM, AND WHAT IS INTENDED THERE.
UM, WHICH IS NOTHING MORE THAN WHAT IS EXISTING.
UM, SO, AND WE'VE BEEN WORKING ON THIS FOR SEVERAL MONTHS.
UH, AND THEN LAST QUESTION TO STAFF, UM, RETAIL ROOFING MATERIALS, WHAT, WHAT WOULD BE THE, UH, REQUIRED ZONING IF WE WERE OUTSIDE THE CONTEXT OF IDZ? CAN YOU DO THAT IN A C OR IS IS THAT I, WHAT, WHAT, WHAT WOULD IT BE IF IT WASN'T IDZ? ARE YOU TALKING ABOUT THE USED DESIGNATION? YES.
SO THE LUMBER YARD AND BUILDING MATERIALS IS, UH, PERMITTED WITH A SPECIFIC USE AUTHORIZATION IN A C3 OR IT'S PERMITTED BY WRIGHT AND LI ONE I TWO.
UM, SO THERE IS A C3 ADJACENT TO IT.
UM, SO HYPOTHETICALLY, I'M, I'M JUST TRYING TO JUDGE APPROPRIATENESS HYPOTHETICALLY THAT C3 COULD APPLY FOR AN S TO ALSO HAVE A LUMBER YARD.
THEY WOULD STILL HAVE TO GO THROUGH THIS WHOLE PROCESS OF REZONING TO ADD THAT S RIGHT.
WITH DIFFERENT SETBACKS THAT ARE NOT ALIGNED WITH WHAT IS EXISTING.
WHICH IS WHY THE REQUEST INSTEAD OF GOING FOR A C3 S WENT FOR AN IDZ WAS TO TRY AND ADDRESS THE SETBACKS TO THE EXTENT POSSIBLE.
BUT JUST, YOU KNOW, THAT THERE ARE ADJACENT USE.
THERE, THERE ARE ADJACENT PROPERTIES THAT COULD FATHOMABLE HAVE THIS USE, UM, WITH THEIR, UM, AT LEAST WITH THE C3 ZONING, UM, IS IMPORTANT.
AND THEN THOSE, BUT THOSE C TWOS WOULD NOT ALLOW A LUMBERYARD WITH AN S, RIGHT? THAT'S CORRECT.
COMMISSIONER ELL, COMMISSIONER WHITSETT.
I HOPE I'M NOT REHASHING THE SAME THING, BUT THE EXISTING BUILDING THAT'S IN THE CORNER BACK THERE, UH, THAT WAS ZONED I ONE ORIGINALLY AND THAT WAS THERE PRIOR TO THE DOWN ZONING.
SO AT THE TIME OF APPLICATION IT WAS ZONED FOR INDUSTRIAL AND DO YOU KNOW HOW OLD THAT BUILDING IS? APPROXIMATELY FIVE YEARS? LET ME CHECK REAL QUICK.
UM, FROM 20, LET'S SEE, ABOUT JULY.
BEHEAD DOES NOT HAVE ANY DATA UNFORTUNATELY.
ALRIGHT, SO IT WAS THERE 2019 AND THEN PRIOR TO THE DOWN ZONING THIS WAS BEING UTILIZED AS THE RETAIL INDUSTRIAL THING.
SO THE VIOLATIONS REALLY ARE ON THE EXPANSION INTO THE MF PART.
NOT THE ORIGINAL PART, BUT IT WENT THROUGH THE ENTIRE PROPERTY, WENT THROUGH THE LARGE AREA ZONING.
I KNOW WHAT I, WHAT I'M SAYING IS THAT CORRECT? PART TWO HALF OF THIS IT WOULD, COULD BE COMPLYING IF THEY DIDN'T DOWN ZONE THEM.
AND THE OTHER IS THE PROPERTY, WHICH COULD BE, AS KELLY MENTIONED, THAT'S HOW I'M DEBATABLY NON-CONFORMING.
ON THAT I ONE I I'M JUST LIKE, WHY DID THEY DOWN ZONE THEM WHEN THEY KNEW THE USE? IT WAS THERE.
UM, AND I HEAR, HEARD YOUR MESSAGE.
SO THAT'S WHAT I WAS TRYING TO UNDERSTAND.
THE BUILDING MAY HAVE BEEN THERE.
I WILL SAY LARGE AREA REZONINGS WE'RE GOING OFF OF WHAT THE DISTRICT OFFICE
[01:35:01]
IS REQUESTING AND THEY WANTED RESIDENTIAL IN THIS AREA.THEY WERE TRYING TO REMOVE A LOT OF INDUSTRIAL AND I GET IT THAT THERE MAY HAVE, THERE WAS AN EXISTING USE THERE, BUT THAT C OF O WAS SUBMITTED AT THE TIME AFTER THEY HAD DONE THEIR INITIAL REVIEW.
OUR STAFF, 'CAUSE WE DO DO AN INITIAL REVIEW.
AND FORREST, COULD YOU TELL ME HOW MANY LOTS WERE IN THERE FOR THIS, THIS LAR? YEAH, THIS, THIS WAS, UM, SO YEAH, I WAS ON THE TEAM THAT WORKED ON THIS, BUT THIS WAS I THINK ABOUT FIVE OR 6,000 PROPERTIES THAT WERE REVIEWED.
SO WE REVIEWED FIVE OR 6,000 PROPERTIES AND YES, IT IS A DIFFICULT PROCESS TO CHECK EVERY SINGLE ONE AND IT, AND IT WAS AN ITEM MISSED, BUT AGAIN, WE WOULD PERMIT AN NCU IN THIS SITUATION.
SO, OR JUST THE AREA THAT IT WAS PERMITTED.
I GUESS ONE LAST CLAR YOU TALK ABOUT THE C OF O, IS THAT FOR THE BUILDINGS THAT WERE ADDED OR IS THE C OF O FOR THE BUILDINGS THAT WERE THERE, THAT WOULD ONLY BE FOR THE BUILDING.
CFO, ANYTHING, ANY NEW BUILDINGS WOULD'VE REQUIRED THE PLANNED REVIEW PROCESS, WHICH WOULD'VE ASSIGNED 'EM AN OCCUPANT LOAD AND ULTIMATELY A CO.
SO THE EXISTING BUILDING HAD ALREADY HAD A BUILDING PERMIT AND THEY WERE ALREADY OCCUPYING AT THE TIME, NOT A BUILDING PERMIT, BUT A CERTIFICATE OF OCCUPANCY CERTIFICATE OCCUPANCY.
AND THEY WERE OCCUPYING THAT AT THE TIME BASED ON THE CERTIFICATE? YES.
ANY FURTHER QUESTIONS LEFT? ALRIGHT, GOOD QUESTIONS TO ME THEN.
BUT THAT COO ONLY HAD AN OCCUPANT LOAD OF TWO PEOPLE, RIGHT? SO ANYTHING, YES.
SO ANYTHING BEYOND THAT WAS BEYOND THE BOUNDS OF THE CERTIFICATE OF OCCUPANCY.
UM, I DO NOT BELIEVE I'M GONNA HAVE ANY FURTHER QUESTIONS BECAUSE I DO NOT BELIEVE THAT IT WOULD GIVE ANY CLARIFICATION
UH, BUT I WILL NONETHELESS ASK IF ANYONE ELSE HAS ANY QUESTIONS LEFT.
UM, THIS IS A DISTRICT FIVE CASE.
UH, SO IT IS TO ME FOR DISCUSSION AND POTENTIAL MOTION.
UM, THIS IS BEYOND A DIFFICULT CASE.
THIS IS A RAT'S NEST OF MISTAKES WELL INTENTIONED ILL-INTENTIONED.
I'M NOT GONNA MAKE ANY OF THOSE JUDGEMENTS, BUT THEY HAVE LEFT US WITH A PROBLEM.
AND THE PROBLEM IS, TO BE HONEST, I DON'T KNOW IF IT IS SOMETHING THAT CAN BE SOLVED, YOU KNOW, GIVEN THE, THE VARIOUS ISSUES, WHETHER IT'S THE FLOODPLAIN, WHETHER IT'S GOING BACK IN TIME AND HOPING THAT SOMEONE WOULD GET THE APPROPRIATE BUILDING PERMITS SO THAT WE COULD HAVE RESOLVED THIS QUESTION PRIOR TO THE INVESTMENT OF, YOU KNOW, PRESUMABLY THOUSANDS UPON THOUSANDS OF DOLLARS.
UM, MY BIGGEST CONCERN BECAUSE, AND BECAUSE OF, AND DESPITE OF THE EXISTING USES, UM, 'CAUSE ON THE ONE HAND THEY, THEY'VE BEEN THERE, ON THE OTHER HAND THEY HAVE BEEN COMPLETELY WITHOUT PERMITS.
SO, YOU KNOW, I DON'T WANT TO REWARD ANYONE FOR JUST IGNORING THE PERMIT PROCESS AND THEN COMING IN HERE AND BEGGING FOR SOME KIND OF ABSOLUTION.
UM, BUT MY BIGGEST CONCERN REMAINS A WATER QUALITY DISTRICT.
UM, THIS WOULD AS PROPOSED RESOLVE THAT ISSUE.
UH, I DON'T THINK IT RESOLVES A LOT OF THE OTHER ISSUES.
I HAVE QUESTIONS AS TO WHY THE CORRUGATED MATERIAL IS STILL, STILL THERE ON THE FENCE LINE.
WHY THE RAZOR WIRE IS STILL THERE ON THE FENCE LINE WHEN, YOU KNOW, CERTAINLY WITH RESPECT TO THE RAZOR WIRE, THAT'S AN EASY SOLUTION.
UM, AND ULTIMATELY, AGAIN, I DON'T THINK THIS IS SOLVABLE PERSONALLY.
UM, THAT BEING SAID, I'M WILLING TO GIVE THE APPLICANT THE OPPORTUNITY.
UM, YOU KNOW, I'M NOT AT ALL PLEASED ABOUT THE WAY THIS HAS PLAYED OUT.
I, I THINK, YOU KNOW, IF WE ARE TO ASSIGN BLAME, IT IS THE APPLICANT'S FAULT, BUT THERE WERE NO BUILDING PERMITS SOUGHT.
WE COULD HAVE AVOIDED A LOT OF THIS, BUT THAT'S NOT WHERE WE ARE.
SO AS A RESULT, AND, YOU KNOW, I HATE THIS
[01:40:01]
CASE, UH, BUT I AM GOING TO MOVE FOR APPROVAL AND DO SO MOVE FOR APPROVAL OF ITEM NUMBER SEVEN IN THE HOPES AND THE EXPECTATION THAT THE APPLICANT SHOULD IT PASS FIXES ALL OF THIS.ALRIGHT, SO THERE IS A MOTION FOR APPROVAL OF ITEM NUMBER SEVEN.
A SECOND, SECOND BY COMMISSIONER.
ALRIGHT, DISCUSSION, RIGHT? SAYING NONE.
COMMISSIONER, UH, ELL THEN SIPES, UH, I WANNA NOTE, NOTICE IS MAILED OUT.
ZERO IN FAVOR? ZERO OPPOSED? THIS IS KIND OF A TECHNICAL ISSUE.
UH, IF THERE HAD BEEN MEMBERS OF THE PUBLIC OUT HERE IN OPPOSITION SAYING, TEAR IT OUT, WE DON'T LIKE IT.
UH, IT MIGHT BE A REALLY DIFFERENT CASE FOR ME.
UM, BUT I MEAN IT'S, IT'S MORE OF A TECHNICAL ISSUE.
UM, I, WHEN I LOOK AT GOOGLE STREET VIEW AT THE, THE PROJECT SITE, MY FIRST REACTIONS WERE, OH, THAT UGLY, YOU KNOW, RAZOR WIRE ON TOP OF THE FENCE.
AH, YOU KNOW, HOW TO, UM, AS PROPOSED THE, YOU KNOW, UH, COMPLIANCE WITH THE DIFFERENT, YOU KNOW, REGULATIONS WOULD MAKE THE PROJECT BETTER.
AND I THINK THAT THAT'S, YOU KNOW, WHEN THERE'S NOT COMMUNITY OPPOSITION, THAT'S AN IMPORTANT KIND OF LOAD STAR FOR US ON CASES THAT GET COMPLICATED IS, IS THIS GOING TO MAKE IT BETTER? UM, AND I THINK CLEARLY IT WILL MAKE IT BETTER.
UM, SO, YOU KNOW, BEST OF LUCK ON WORKING OUT THE OTHER ISSUES.
UH, BUT THAT'S NOT REALLY OUR PROBLEM.
UH, SO WITH THAT, I'LL BE, UH, SUPPORTING THE MOTION.
MAN, I FEEL LIKE I'M LIKE THE NEGATIVE PERSON THIS, THIS WEEK, BUT, UM,
I, I I, I RESPECT, UH, UM, APPLICANT'S REPRESENTATIVE.
I RESPECT THE, THE CHAIR'S, YOU KNOW, MOTION AND RECOGNIZE THAT, MAN, I'M GLAD THIS IS NOT IN MY DISTRICT, BUT, UM, YOU KNOW, I, THERE, THERE FOR ME, I JUST KEPT, YOU KNOW, IT WAS LIKE, WELL THERE'S THIS AND THEN THERE'S A FENCE AND THEN IT'S IN THE FLOODPLAIN AND THEN THERE JUST SEEMED TO BE JUST TOO MANY THINGS THAT WENT WRONG, UM, TO EVEN ATTEMPT TO FIX.
UM, AND IF IT, IF THE, IF THE MOTION PASSES AND IF SOMETHING IS FIXED, I'LL, I'LL, I'LL CELEBRATE THAT.
BUT, UM, I, I CAN'T SUPPORT THE MOTION RIGHT NOW.
COMMISSIONER KELLY? I, I'LL JUST BE SHORT AND SWEET.
I'LL JUST ASSOCIATE MY THOUGHTS WITH COMMISSIONER SIPES.
ALRIGHT, ANY FURTHER DISCUSSION? LEFT.
UM, NO, I KNOW EXACTLY WHERE COMMISSIONER SIPES AND COMMISSIONER KELLY ARE COMING FROM.
ALRIGHT, UH, THE MOTION IS FOR APPROVAL OF ITEM NUMBER SEVEN BY ME WITH A SECOND BY COMMISSIONER KELLUM ROLL CALL.
COMMISSIONER PETE RODRIGUEZ? NO.
UH, THE FLOOR IS NOW OPEN FOR A MOTION FOR RECONSIDERATION BY UH, SOMEONE WHO VOTED AGAINST THE PREVIOUS MOTION.
IN THE ALTERNATIVE, UH, IF THERE IS NO MOTION FOR RECONSIDERATION, THIS WILL BE CONTINUED FOR THE SECOND TIME, WHICH MEANS AFTER THE NEXT TIME THEY CAN GO ON WITH A DEEMED DENIAL FROM CITY COUNCIL.
IS THAT TO CITY COUNCIL? CORRECT? THAT IS CORRECT, YEAH.
SO IF NO ONE MAKES A MOTION, IT'S AN AUTOMATIC CONTINUANCE, WE CAN COME BACK.
BUT IF YOU MAKE A MOTION, WE CAN DO DENIAL.
I HAVE A QUESTION FOR STAFF REAL QUICK.
IF WE DO A CONTINUANCE, HOW FAR CAN WE EXTEND IT? OH, YOU CAN MOVE FOR A CONTINUANCE TOO.
IF YOU MOVE FOR RECONSIDERATION AND MOVE FOR CONTINUANCE, TYPICALLY WE WOULDN'T WANT A CONTINUANCE TO GO BEYOND LIKE A MONTH OR TWO.
I WOULD LIKE TO GIVE 'EM ENOUGH TIME TO FIX THE ISSUES, CORRECT THE ISSUES THAT THEY HAVE BEFORE THEY COME BACK.
MAYBE WE CAN, BUT THE PROBLEM, THEY CAN'T
[01:45:01]
FIX THE ISSUES UNTIL THE ZONING IS RESOLVED.MAYBE THEY MAKE AN EFFORT WITH THE RAZOR WIRE AND SHOW GOOD FAITH.
UH, AND MAYBE WE CAN THINK ABOUT IT.
SO YOU'RE SAYING TO TEAR DOWN THE RAZOR WIRE? CORRECT.
MAYBE START WORKING ON THE, CAN THEY WORK ON THE FENCE? THE CORRUGATED FENCE.
IF THEY WANNA KEEP A CORRUGATED FENCE, THEY WOULD HAVE TO GO TO BE AWAY AND THEY CANNOT GO TO THE BE AWAY WILL NOT HEAR THIS OUT UNTIL THIS IS RESOLVED.
ZONING IS RESOLVED SO THEY WOULD HAVE TO TAKE DOWN THE CORRUGATED METAL FENCES AS WELL.
RECOMMENDING? YEAH, I MEAN SHOW GOOD FAITH AND START WORKING ON SOME OF THESE ISSUES.
ALRIGHT, WELL WOULD YOU LIKE TO MAKE A MO YOU, YOU ARE ENTITLED TO MAKE A MOTION FOR RECONSIDERATION COMMISSIONER PETE RODRIGUEZ.
UM, CAN I ASK A QUESTION REAL QUICK JUST TO SEE HOW MUCH TIME THERE WOULD NEED TO CORRECT THESE ISSUES? SURE.
WHAT WOULD BE AN APPROPRIATE TIME FOR THEM TO CORRECT THESE ISSUES? WELL, WHY DON'T WE, WHY DON'T WE SAY ONE MONTH? I MEAN, BUT, BUT ACTUALLY WHY DON'T WE, IF YOU WANNA MOVE FOR RECONSIDERATION, YOU CAN DO THAT NOW AND THEN WE CAN TALK ABOUT A MOTION AFTERWARDS.
I WOULD MOVE FOR A RECONSIDERATION ON THIS ITEM.
THERE'S A MOTION FOR RECONSIDERATION.
BY COMMISSIONER PANA HESITATED.
I UNDERSTAND WHY YOU HESITATED.
UH, ALRIGHT, SO, UH, DISCUSSION.
UH, MOTION IS FOR RECONSIDERATION OF ITEM NUMBER SEVEN BY COMMISSIONER PETE RODRIGUEZ.
COMMISSIONER PETE RODRIGUEZ? YES.
UH, MR. GOMEZ, DID YOU HAVE SOMETHING YOU WANTED TO SAY? YEAH, JUST AS A REMINDER TO COMMISSIONERS, THE ONLY WAY THAT A LOT OF THESE ITEMS ARE GONNA BE ACCOUNTED FOR AND ACTUALLY REVIEW TECHNICALLY IS TO BE PERMITTED TO APPLY FOR PERMITTING TO ACTUALLY ACCOUNT FOR ALL THE ISSUES AND HAVE THEM FORMALLY ADDRESS THEM THROUGH TECHNICAL REVIEW.
BUT THE ONE THING THAT CAN BE ADDRESSED BETWEEN NOW AND A MONTH FROM NOW, OR EVEN TWO MONTHS FROM NOW, IS THE REMOVAL OF THE THING THAT IS BANNED UNDER THE UDC.
SO IN LIGHT OF THAT, UH, I AM GOING TO MAKE A MOTION FOR A CONTINUANCE OF ONE MONTH.
SO THERE'S A MOTION FOR A CONTINUANCE TO MAY 19TH OF ITEM NUMBER SEVEN BY ME WITH A SECOND BY COMMISSIONER VE UH, DISCUSSION LEFT.
MOTION IS FOR CONTINUANCE TO MAY 19TH OF ITEM NUMBER SEVEN BY ME.
UM, BEFORE WE TAKE A BREAK, IS THE APPLICANT FOR ITEM NUMBER NINE PRESENT? NO.
ALRIGHT, LET'S DO THAT CASE REALLY QUICKLY.
THANK YOU OFFICER VELAZQUEZ FOR BEING HERE.
UH, LET'S READ ITEM NUMBER NINE INTO THE RECORD PLEASE.
AND THEN WE WILL TAKE A SEVEN MINUTE BREAK APPROXIMATELY.
MY NAME IS SAMANTHA BEITA, ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER NINE IS LOCATED AT 1904 ALITO STREET.
GOING FROM C3 R GENERAL COMMERCIAL RESTRICTIVE ALCOHOLIC SALES DISTRICT TO C3 RS, GENERAL COMMERCIAL RESTRICTIVE ALCOHOLIC SALES DISTRICT WITH THE SPECIFIC USE AUTHORIZATION FOR TOBACCO STORE, RETAIL, HOOKAH LOUNGE, SMOKING ROOM, VAPE SHOP, OR CONSUMABLE
[01:50:01]
HEMP PRODUCTS RETAILER WITHIN A THOUSAND FEET OF A PUBLIC OR PRIVATE SCHOOL, DAYCARE OR INSTITUTION OF HIGHER LEARNING WITH ALL OVERLAYS STAYING THE SAME.THERE WERE 47 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED PALM HEIGHTS NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE.
THE EXISTING C3 R DISTRICT IS NOT AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
THE PROPOSED C3 R RS DISTRICT IS ALSO NOT APPROPRIATE.
THE PROPOSED REQUEST WOULD PERMIT THE ENCROACHMENT OF A VAPE SHOP WITHIN A THOUSAND FEET OF COLLINS GARDEN ELEMENTARY SCHOOL LOCATED AT 1 6 7 HARRIMAN PLACE.
THIS DIRECTLY CONFLICTS WITH SECTION 35 DASH 3 98 0.02 OF THE UNIFIED DEVELOPMENT CODE, WHICH EXPRESSLY PROHIBITS TOBACCO AND VAPE RELATED BUSINESSES FROM OPERATING WITHIN A SPECIFIC DISTANCE OF SENSITIVE LAND USES INCLUDING SCHOOLS.
ADDITIONALLY, WHILE THERE ARE SIMILAR ZONING DISTRICTS IN THE SURROUNDING AREA, THOSE DISTRICTS ARE ALREADY EXCEED THE INTENSITY OUTLINED UNDER THE FUTURE LAND USE SECTION OF THE NOGO SOUTH SLASH SAMMO C COMMUNITY PLAN.
THE INTRODUCTION OF AN ADDITIONAL USE OF THIS NATURE WOULD FURTHER DEVIATE FROM THE PLAN'S INTENDED LAND USE PATTERN AND UNDERMINE ITS VISION FOR COMPATIBLE COMMUNITY-ORIENTED DEVELOPMENT.
STAFF RECOMMENDS DENIAL PLANNING COMMISSION RECOMMENDATION IS PENDING THE APRIL 22ND, 2026 HEARING AND THE APPLICANT IS NOT HERE.
ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT.
DID YOU CONTACT THE APPLICANT TO REMIND THEM ABOUT THE HEARING TODAY? YES.
QUESTIONS LEFT QUESTIONS RIGHT.
UH, NORMALLY I WOULD GIVE A TWO WEEK CONTINUANCE IN THIS CASE.
UH, THIS IS A SO DISCUSSION TO ME 'CAUSE THIS IS DISTRICT FIVE.
THIS IS A VAPE SHOP WITHIN A THOUSAND FEET OF AN ELEMENTARY SCHOOL.
THIS IS ENTIRELY, UH, DISCRETIONARY ON OUR PART.
I THINK THE ENTIRE POINT OF THE ORDINANCE WAS TO PROHIBIT THIS.
I SEE NO REASON AT THIS POINT, UH, TO GO AWAY FROM THAT.
I MOVE FOR DENIAL OF ITEM NUMBER NINE.
SECOND BY COMMISSIONER HINO HOSA.
THERE IS A MOTION FOR DENIAL OF ITEM NUMBER NINE BY ME.
SECOND BY COMMISSIONER HINO HOSA.
AND COMMISSIONER WHITSETT LEFT AT 2:49 PM VERY GOOD.
I WAS JUST ABOUT TO SAY THAT MOTION CARRIES.
AT THIS POINT WE WILL TAKE APPROXIMATELY A SEVEN MINUTE BREAK TILL ABOUT THREE.
UM, AND WE WILL THEN RECONVENE.
WE ARE IN RECESS AT THIS TIME.
3:00 PM AND THIS MEETING OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO IS BACK IN SESSION.
IF WE COULD HAVE THE NEXT CASE PLEASE.
MY NAME IS SAMANTHA BENEVA, ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 12 IS LOCATED AT 2007 RIO CITY ROAD, GOING FROM C TWO COMMERCIAL DISTRICT TO C TWO CD COMMERCIAL DISTRICT WITH A CONDITIONAL USE FOR PARKING AND OR STORAGE LONG-TERM WITH ALL OVERLAY STAYING THE SAME.
THERE WERE 32 NOTICES MAILED ONE IN FAVOR, ZERO OPPOSED VIA THIS DEBT ESPARZA KELLY PARK AND A NEIGHBORHOOD ASSOCIATION GAVE NO RESPONSE OUTSIDE 200 FEET ZERO IN FAVOR, TWO OR OPPOSED.
THE EXISTING C TWO DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND THE SURROUNDING AREA.
THE PROPOSED C TWO CD DISTRICT IS NOT APPROPRIATE.
THE APPLICANT IS REQUESTING A REZONING PERMIT TO PERMIT VEHICLE STORAGE ASSOCIATED WITH THE WRECKER SERVICE.
THE PROPERTY IS LOCATED AT THE ENTRANCE OF AN ES UH, ESTABLISHED SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.
IF APPROVED, THEY WOULD INTRODUCE AN INDUSTRIAL USE INTO AN AREA PREDOMINANTLY DESIGNATED FOR MEDIUM INTENSITY COMMERCIAL AND LOW DENSITY RESIDENTIAL DEVELOPMENT, MAKING IT INCONSISTENT WITH THE EXISTING CHARACTER AND DEVELOPMENT PATTERN OF THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS.
ALRIGHT, IF WE COULD HAVE THE APPLICANT MA'AM, IF YOU WOULD INTRODUCE YOURSELF AND TELL US YOUR ADDRESS PLEASE.
MY NAME IS JANIE RERA AND I REPRESENT SA TOW AND RECOVERY, UH, PROPOSAL ZONING CHANGE PROPOSAL FOR 2 0 0 7 RIO CITY ROAD.
UM, TO CHANGE THE, UH, PROPOSAL FROM THE, UM, UM, OKAY, SORRY ABOUT THAT ED PART.
ZONING CHANGE REQUESTS FROM C TWO
[01:55:01]
TO C TWO CD PARKING LONG TERM.UH, ADD PARKING FOR FOR 40 PLUS VEHICLES, VEHICLES ON LOT FOR 10 TO 14 DAYS BEFORE SENT TO AUCTION.
BUILT FENCE AROUND PROPERTY INSTALL DIRECTIONAL LIGHTING AND THIS DIRECTIONAL LIGHTING WILL NOT BE UP, IT WILL BE DOWN TOWARDS THE GROUND.
UH, AND WE WILL ALSO PROVIDE 24 HOUR REMOTE SURVEILLANCE HOURS OF OPERATION.
7:00 AM TO 8:00 PM MONDAY THROUGH FRIDAY AND SATURDAY AS WELL.
CLOSED SUNDAY TOW VEHICLES NOT EQUIPPED WITH REVERSE ALARMS, SO THERE WILL BE MINIMAL NOISE.
AND OUR TRUCKS ARE SERVICED FREQUENTLY.
SO THERE IS NO SMOKE, THERE IS NO, UH, OIL LEAKAGE.
THERE IS NO, UM, SMOG OF ANY KIND.
AND, UH, WE CURRENTLY, WE CURRENTLY HAVE A LOCATION AT 1603 RIO CITY ROAD IN THE SAME LOCA.
WE'VE BEEN IN THE SAME LOCATION FOR 20 YEARS PLUS.
AND OUR FAMILY ACTUALLY HAVE LIVED IN THE NEIGHBORHOOD SINCE 1954.
UM, AND THIS LO, THIS PROPERTY 2 0 0 7 FRIO CITY ROAD IS ABOUT A THOUSAND FEET FROM OUR CURRENT, UM, BUSINESS COMMUNITY APPROVAL AND BENEFIT.
WE GATHERED SIGNATURES FROM SURROUNDING NEIGHBORS AND VIA ESPERANZA AT VIA ESPERANZA DEVELOPMENT WILL BRING ADDED SAFETY TO SURROUNDING COMMUNITY BY PROVIDING IMMEDIATE 24 HOUR SURVEILLANCE AND LIGHTING PLANNED LICENSE PLATE READER IN THE FUTURE, ADDING ADDITIONAL SAFETY TO THE TRIO CITY ROAD CORRIDOR.
COMMERCIAL TRAFFIC REMAINS THE SAME.
TOW VEHICLES TRAVEL THE STREET NOW ALLOW US TO MAINTAIN OUR PROXIMITY TO COMMUNITY PARTNERS WHO BENEFIT FROM ABANDONED PROPERTY, WHICH IS RE RE DISTRIBUTED THROUGH THE 7 8 2 0 7 AREA, SUCH AS DONATIONS TO CATHOLIC CHARITIES AND BREAD AND BLANKETS, MUTUAL AID.
UM, SINCE WE'VE, UH, TAKEN INTEREST IN THIS PROPERTY, UH, THE, THE BACKDOOR NEIGHBORS THEY'VE REACHED OUT TO, TO US TO SHARE THAT THEY ARE JUST SO EXCITED AND GRATEFUL THAT THE RAT INFESTATION IS NO LONGER THERE.
AND THE, THE, UH, TRANSIENTS THAT WERE BUILDING THEIR HOME THERE, UH, THEY ARE NO LONGER THERE BECAUSE EVEN THOUGH IT WAS NOT OUR PROPERTY YET, WE WENT, WE TOOK THE INITIATIVE AND CLEANED IT AND REMOVED ALL THE DEBRIS AND AS SOON AS WE, UH, TURNED OUR BACK, THERE WERE MORE DEBRIS.
SO I PERSONALLY WAS OUT THERE ONE DAY CLEANING AND MY BROTHER SAYS, NO, NO, NO, NO SIS, WHAT ARE YOU DOING? I SAID, I CAN DO IT.
BUT THEY, THEY WERE, UH, FREQUENTLY JUST, UM, USING THAT AS A DUMP SITE PRETTY MUCH.
AND EVER SINCE WE'VE, UH, TAKEN OVER.
AND SO NOW THE PROPERTY IS, UH, ACTUALLY OURS NOW, WE'VE GOTTEN APPROVAL FOR THAT.
AND, UH, SO IT, AND, UH, THE NEIGHBOR WAS SHARING WITH US, IT'S NO LONGER A RAT'S NEST.
UM, AND IT'S NO LONGER USED AS DUMP SITES.
SO WE'RE IN THE PROCESS OF CLEARING THESE TWO BIG PILES OF DIRT, DEBRIS AND, AND JUST TRASH THAT HAVE BEEN ACCUMULATED.
AND, UH, ALONG THE FENCE LINE, THERE'S A LOT OF TRASH AND DEBRIS AND THAT WE WERE PLANNING ON DOING IT THIS WEEK.
BUT OF COURSE THE RAIN, UH, HINDERED.
UM, BUT YES, WE LOOK FORWARD TO, UH, BE BEAUTIFYING THIS AREA AND, AND JUST MAKING IT, UH, NICE AND, AND QUIET.
AND IT WILL NOT BE HINDERED TO ANY OF THE RESIDENTS BECAUSE WE'RE PARKING, WE'RE ACTUALLY NEXT TO, UM, A, A GARAGE, AN EXISTING GARAGE.
SO WE'RE NOT GOING TO BE PARKING THE CARS LIKE BY, BY THE, OUR BACK DOOR NEIGHBOR.
UH, OR ON THIS SIDE THERE'S A GARAGE AND THEN THERE'S SEVERAL GARAGES DOWN THE STREET AS WELL.
AND, UH, OF COURSE THERE'S, UH, THE MAIN STREET AND THEN TRIO.
UM, BUT WE DO TAKE PRIDE OF OUR COMMUNITY AND WE TAKE THE BEST CARE AND, UH, UH, WE, WE JUST, WE KNOW WE WILL HAVE A POSITIVE IMPACT.
[02:00:03]
OH, I ALREADY NEED A VOICEMAIL.SO WE NO LONGER PLAY VOICEMAILS, SO IF YOU WANT TO ADDRESS US, YOU CAN.
JUST COME UP, TELL US YOUR NAME, TELL US YOUR ADDRESS, TELL US IF YOU ARE IN FAVOR OR OPPOSED, OR WHATEVER YOU WANT, BUT YOUR NAME AND ADDRESS FIRST, AND THEN HOW YOU FEEL OKAY.
HEALTH ISSUES SHOULD NOT BE DISCUSSED.
UH, MY NAME IS TRICIA FAYYAD AND I RESIDE IN THE VLAS ESPERANZA NEIGHBORHOOD, WHICH IS RIGHT NEXT TO THIS PROPERTY.
AND I'M SURPRISED THEY'RE NOT SHOWING A PICTURE OF OUR ENTRANCE TO OUR NEIGHBORHOOD.
UM, I WAS IN FAVOR, BUT I, UM, IN OPPOSITION BECAUSE WE NEED LESS INDUSTRIAL COMING INTO OUR CORRIDOR, FRAIL CITY ROAD AND RIGHT AT OUR ENTRANCE AND EXIT OF OUR NEIGHBORHOOD.
OUR NEIGHBORHOOD WAS ESTABLISHED IN 1997.
UM, AND MY, OUR GOAL, OUR, SOME OF THE RESIDENTS GO IS TO BEAUTIFY THAT CORRIDOR, FRAIL CITY ROAD, WHICH HAS BEEN NEGLECTED DECADES BY THE CITY OF SAN ANTONIO AND OUR CITY COUNCIL STAFF.
UH, IT'S AN OLD KELLY AIR FORCE BASE CORRIDOR WHERE IT USED TO BE BARS WHERE THE EMPLOYEES FROM KELLY AIR FORCE BASE WILL GO HAVE A COLON ONE AFTER WORK.
AND SOME OF THE, UH, BUILDINGS ARE STILL VACANT UP TO NOW.
AND THE, THE LAST THING I WANT AND SOME OF MY RESIDENTS WANT IS MORE, UH, INDUSTRIAL COMING INTO THAT AREA, EVEN THOUGH IT IS PREDOMINANTLY INDUSTRIAL AREA, UH, THERE IS, UH, POTENTIAL TO BEAUTIFY IT.
UM, BRING SOMETHING THAT IS LACKING IN THAT COMMUNITY.
AND WE JUST BELIEVE THAT OUR, I BELIEVE THAT BRINGING ANOTHER INDUSTRIAL BUSINESS, I I I'M FOR SMALL BUSINESSES, BUT I WOULD LIKE TO SEE SOMETHING DIFFERENT.
IT WAS A FORMER RESTAURANT AND I WOULD LOVE TO SEE MAYBE IF ANOTHER RESTAURANT CAN COME THROUGH OR A DIFFERENT TYPE OF BUSINESS SUCH AS A CREATIVE WORKSPACES, UH, OFFICES, UH, COMMUNITY CENTER AND VERSUS ANOTHER INDUSTRIAL BUSINESS.
SO I WOULD HAVE TO SAY I AM OPPOSING.
THAT IS IT FOR PUBLIC COMMENT.
UM,
THIS, UH, THIS BUILDING HAS BEEN VACANT FOR SEVERAL YEARS AND, UH, THERE HAS BEEN NO KIND OF BEAUTIFYING TO IT.
AND, UH, NOW THAT THERE WILL BE BUILDING THAT THE BRIDGE ON SARA, SAM MORA AND UH, TRIO, UH, FOLKS ARE GOING TO BE HEADED THAT DIRECTION.
AND OVER HERE IT'S LIKE, UH, IT, IT, IT'S NOT GOING TO BE, SO I WANNA GO SHOPPING HERE, OR THERE'S GONNA BE A MALL HERE, OR IT'S GOING TO BE, UH, SOMETHING EXCITING BECAUSE THERE, THEY'RE, THEY'RE ALL, THERE'S MAYBE ABOUT, UH, 5, 6, 7 DIFFERENT, UH, MECHANIC SHOPS IN THAT AREA.
SO WE'RE, WE'RE NOT THE FIRST ONE.
AND, UH, LIKE I SAID, UH, THAT WE, WE TOOK INITIATIVE TO CLEAN IT UP AND NOBODY, EVEN THE PEOPLE THAT LIVE AROUND THERE, THEY DIDN'T PICK UP TRASH.
AND WE TOOK INITIATIVE TO COLLECT ALL THE TRASH AND TAKE IT TO THE APPROPRIATE PLACE.
AND, UH, WE, WE JUST, AND ACTUALLY THAT THE PROPERTY, UH, BELONGS TO US ALREADY.
SO A RESTAURANT IS NOT GOING TO, WE'RE NOT GONNA HAVE A RESTAURANT AND WE'RE NOT GONNA HAVE A MALL OR OFFICES BECAUSE THAT'S NOT IN OUR, UH, THAT'S NOT IN OUR VISION.
ALRIGHT, THIS IS A DISTRICT FIVE CASE, SO IT'S QUESTIONS TO ME.
UM, LOOKING AT THE PERMIT HISTORY ON THIS PROPERTY, UH, STAFF OR MS. EDTA, I'M HAPPY TO TALK ABOUT EITHER TO EITHER ONE OF YOU ABOUT THIS.
CAN YOU TELL ME A LITTLE BIT ABOUT THE FENCE PERMITTING, MS. BENAVIDEZ? SO THE FENCE PERMIT WAS ORIGINALLY REQUESTED AS A SIX FOOT FENCE.
UM, THEY ALSO HAD TO CORRECT I GUESS A CLEAR VISION, UM, IN DENT THAT NEEDS TO GO OUT THAT CORNER OF THE NEIGHBORHOOD, UM, WHICH WILL HAVE TO BE FIXED AS WELL.
UM, AND SO ULTIMATELY THEY BUILT OUTSIDE OF THAT SCOPE THAT THEY REQUESTED.
UM, AND SO THAT'S WHERE WE'RE AT WITH THIS, UM, EIGHT FOOTISH FENCE THAT WE HAVE NOW.
I DON'T THINK I HAVE ANY FURTHER QUESTIONS.
UM, I, UH, WILL OPEN IT TO MY FELLOW COMMISSIONERS TO MY LEFT QUESTIONS.
[02:05:01]
UH, TO STAFF CURRENT ZONING IS C TWO.WHAT, WHAT IS C TWO MEANT TO, WHAT'S THE FEEL FOR C TWO? WHAT IS IT SUPPOSED TO BE? SO NORMALLY YOU'RE LOOKING AT RETAIL, UH, SOME RETAIL RESTAURANTS.
UM, YOU HAVE SOME CAR USES, UH, LIKE TIRE OIL, LUBE, THAT SORT OF THINGS.
BUT NOTHING INTENSE, NOTHING PAST THAT.
NO MECHANIC WORK OR ANYTHING LIKE THAT.
SO WITH THOSE AUTO USES, 'CAUSE IT'S, IT'S RELEVANT HERE.
WHAT, WHAT SPECIFICALLY WOULD A, A OWNER BE ALLOWED TO DO ON THE EXISTING ZONING? AUTO RELATED USES? WHERE'S, WHERE'S THE LINE? SO AGAIN, THEY'LL BE ABLE TO DO OIL AND LUBE, UM, LIKE MINOR CHANGES.
UH, I THINK THEY HAVE, UH, WHAT ELSE? TIRE SHOP AS WELL.
AUTO PARTS, RETAIL AUTO PARTS, VEHICLE INSPECTIONS.
BUT A GAS STATION ALSO HAS A DISTANCE REQUIREMENT THAT HAS TO BE REVIEWED.
SO YES, BUT NOT REALLY ANYTHING THAT GOES INTO MECHANICAL WORK OR STORAGE OF THE VEHICLES.
THAT GOES MORE INTO THE HIGHER INTENSE COMMERCIAL OR INDUSTRIAL USES.
AND THAT'S WHAT THE, THE CONDITIONAL USE AUTHORIZATION HERE IS CORRECT FOR MM-HMM
UH, THE, I GUESS A QUESTION FOR THE, UH, REPRESENTATIVE FROM, OR, OR THE, FROM THE, THE NEIGHBOR.
I'M, I'M SORRY I MISSED YOUR NAME, BUT IF YOU COULD COME UP, MS. VA IF YOU COME ALL COME UP PLEASE.
I, I, UH, YOU, YOU WOULD, UM, MENTION THAT YOU WOULD PREFER TO SEE, UH, UH, SERVICE USE LIKE A RESTAURANT OR COWORKING SPACE OR SOMETHING CREATIVE.
WE CAN'T ALWAYS BE BEGGARS AND CHOOSERS.
UM, THE APPLICANT OWNS THE PROPERTY ALREADY.
THEY WOULD ALREADY BE ENTITLED TO HAVE OIL AND LUBE, AUTO GLASS TINTING TIRE REPAIR.
UM, WOULD YOU PREFER THOSE USES TO THE PROPOSED USE? NO.
UM, HOW ARE WE GONNA KNOW FOR SURE THERE'S NOT GONNA BE ANY OIL LEAKS FROM THOSE VEHICLES THERE? SO THAT, THAT'S WHAT I'M GETTING AT IS YES, IS IS JUST THE, THE APPLICANT'S ALREADY ENTITLED.
THEY DON'T NEED TO COME TO US TO GO AND BUILD A LUBE AND TUNEUP AND, YOU KNOW, IF THE COMMISSION WERE TO DENY THEIR REQUEST FOR THE CD, THEY COULD VERY WELL GO AND GET PERMITTING FOR LUBE AND TUNEUP FOR OIL CHANGE.
UM, SO JUST, I WANTED TO CHECK TO MAKE SURE LIKE YOU, YOU, THERE'S SOME USES THAT THEY WOULD BE ALLOWED TO HAVE THAT MIGHT BE WORSE THAN THE PROPOSED USE.
UM, ALRIGHT, THAT'S IT FOR ME.
THANK YOU COMMISSIONER ELL QUESTIONS TO MY LEFT.
UH, DID IT GO, THIS IS FOR YOU? YES.
AND TRANSPORTING TO THE AUCTION, CORRECT? YES SIR.
AND THEY'RE BEING TRANSPORTED WITH INDIVIDUAL TOW TRUCKS, LARGE TOW TRUCKS, UH, INDIVIDUAL, THE CARS THEMSELVES ARE GONNA BE DRIVEN THERE BY DRIVERS INDIVIDUAL TOW TRUCKS.
AND THE EXISTING STRUCTURE WILL STAY AS IS AND BE UTILIZED HOW, I'M SORRY, THE EXISTING STRUCTURE THAT'S THERE, THE BUILDING, HOW ARE YOU GOING TO UTILIZE THAT EXISTING STRUCTURE? BECAUSE IT'S ALL SO BROKEN AND, AND, AND IT'S GOING TO BE, UM, DEMOLISHED IN TIME.
AND THEN OF COURSE BEFORE THEN WE WILL, UH, REQUEST A PERMIT TO HAVE A DEMOLISHED.
AND ONE STEP AT A TIME, NO RETAIL OR SALES ACTIVITY? NO.
IS PLANNED TO TAKE PLACE? NO MA'AM.
ANY QUESTIONS TO MY RIGHT? ALRIGHT.
UM, I DON'T HAVE ANY QUESTIONS.
OH, I KNEW I WAS GONNA REGRET THAT.
I KNOW YOU, YOU'RE GONNA REGRET THIS.
UM, I, I DO HAVE A QUESTION FOR STAFF.
UM, THERE A MENTION OF THE FENCE, THE PERMIT ORIGINALLY SOUGHT WAS FOR A SIX FOOT FENCE, AN EIGHT FOOT ISH FENCE APPEARS TO BE WHAT IS CURRENTLY INSTALLED OR, UM, IN THE PROCESS OF INSTALLATION, UM, IN ORDER TO GET THE EIGHT FOOT FENCE, WOULD THAT BE A BOA TYPE OF SO NO, THEY ACTUALLY HAVE THE REQUEST ASSOCIATED, UH, FOR THE EIGHT FOOT FENCE WITH THIS ZONING REQUEST.
IN THIS CASE THEY CAN REQUEST IT THROUGH THE REZONING PROCESS, WHICH THEY'RE ATTEMPTING TO DO.
AND SO, BUT USUALLY AN EIGHT FOOT FENCE WOULD NOT BE ALLOWED, CORRECT? WELL, TO BE FAIR.
[02:10:01]
A COMMERCIAL BUSINESS AND IT LOOKS LIKE THEY'RE A BUDDING A RESIDENTIAL I'M IS THIS A RESIDENTIAL USE RIGHT BEHIND THEM BECAUSE ANY UH, COMMERCIAL USE THAT IS A BUDDING, LIKE A RES SINGLE FAMILY RESIDENTIAL IS PERMITTED TO DO AN EIGHT FOOT FENCE, UM, ALONG THE REAR SIDE AT THE REAR, BUT NOT AROUND THE SIDE IN THE FRONT.WELL, ALONG THE REAR INSIDE WHERE, WHEREVER IT'S ABUTTING.
SO YEAH, IT WOULD BE ALONG THE REAR FOR THIS PROPERTY.
FOR THIS PROPERTY, THEY WOULD BE PERMITTED TO DO THAT RIGHT NOW.
BUT, BUT THE SIDE WHERE THE THEN AND THEN THE FRONT IS USUALLY WOULD NOT NORMALLY UNLESS GRANTED THE, THE ZONING REQUEST? THAT IS CORRECT.
YEAH, I JUST WANTED TO CONFIRM TOO.
'CAUSE SOMETIME AN EIGHT FOOT FENCE IF YOU'RE ABUTTING A CERTAIN TYPE OF RIGHT OF WAY, BUT NOT IN THIS CASE.
UM, LEFT QUESTIONS RIGHT QUESTIONS.
SEEING NONE, PUBLIC HEARING IS CLOSED.
SO FOR ME, FOR DISCUSSION, UH, THANK YOU COMMISSIONER DOVE.
UM, I THINK THERE ARE A COUPLE OF ISSUES THAT WE NEED TO ADDRESS HERE.
UM, YOU KNOW, COMMISSIONER DUVALL POINTED OUT THAT RIGHT NOW, AS OF RIGHT, THESE C TWO USES CAN DO A LOT, UH, A LOT OF THINGS THAT YOU MAY NOT WANT AS A NEIGHBORHOOD.
UM, THE BENEFIT OF THE CD THAT THEY'RE ASKING FOR IS THAT WE HAVE A SITE PLAN, WHICH IS NOW GONNA HAVE TO BE FIXED.
IF YOU'RE, IF YOU'RE GONNA GET RID OF THAT BUILDING FOR THIS SITE PLAN, WE WANT TO START PLANNING FOR THAT NOW.
IT HONESTLY COULD BE DONE AS A MINOR SITE PLAN AMENDMENT TO REMOVE, UH, SQUARE FOOTAGE.
UM, BUT AGAIN, WE WOULD BE LOOKING AT THE AMOUNT OF PARKING SPACES IF SHE WANTED TO ADD ADDITIONAL PARKING SPACES, THAT WOULD BE AN ISSUE.
AND SO RIGHT NOW, THE SITE PLAN, YOU KNOW, I BELIEVE YOU'VE MENTIONED THAT THE NUMBER OF SPOTS IS LIKE 40 CARS OR SO.
YOU WOULD BE BOUND TO THE SITE PLAN FOR THAT NUMBER OF SPOTS.
SO, BUT WE CAN DO THINGS LIKE LANDSCAPE BUFFERS.
WE CAN DO THINGS TO MAKE THIS MORE ATTRACTIVE.
AND YOU CAN ADD CONDITIONS TO THIS ONE, LIKE HOURS OF OPERATION.
I DIDN'T MEAN TO STEAL YOUR THUNDER
UM, SO HERE'S WHAT I'M GONNA RECOMMEND.
AT THE END OF THE DAY, I, I WOULD LIKE TO GET A CONTINUANCE IN THIS CASE.
I THINK WE CAN MEET, WE CAN TALK, UH, INVOLVING ME, ALL OF Y'ALL.
LET'S TALK ABOUT WHAT WE CAN POSSIBLY DO, SEE IF WE CAN COME TO A SOLUTION.
SO AT THIS POINT, I'M GOING TO MOVE, UH, FOR A FOUR WEEK CONTINUANCE, UH, TO MAY 19TH.
UH, DURING THAT TIME, YOU CAN GET MY NUMBER FROM MS. BENAVIDEZ AND WE WILL TALK.
BUT RIGHT NOW I MOVE FOR A CONTINUANCE OF ITEM NUMBER 12 TO MAY 19TH FOR A CONTINUANCE.
SECOND BY COMMISSIONER KELLUM.
MOTION FOR CONTINUANCE TO MAY 19TH OF ITEM NUMBER 12 BY ME.
SECOND BY COMMISSIONER KELLUM, ROLL CALL, VOTE PLEASE.
SO WE'LL SEE EACH OTHER HOPEFULLY BEFORE FOUR WEEKS.
UH, BUT AGAIN, YOU CAN GET MY INFORMATION, MY NUMBER FROM MS. AVIVAS AND THEN WE'LL, WE'LL CHAT AND SEE WHAT WE CAN DO.
MY NAME IS JOEL PALUS, ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 18 IS LOCATED AT 65 43.
CALLAHAN ROAD IS GOING FROM C TWO COMMERCIAL DISTRICT TO C TWO S COMMERCIAL DISTRICT WITH A SPECIFIC USE AUTHORIZATION FOR GASOLINE FILLING STATION OR USE WITH GASOLINE HAVING 50,000 GALLONS OR LESS TOTAL TANK CAPACITY WITHIN 100 FEET OF MULTIFAMILY RESIDENCES WITH ALL OVERLAYS REMAINING THE SAME 12 NOTICES WERE SENT OUT, ZERO RECEIVED IN FAVOR, ZERO OPPOSED WITHIN THE 200 FEET.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
THE EXISTENCE SEAT TO COMMERCIAL DISTRICT IS AN APPROPRIATE ZONING FOR THE PROPERTY AND SURROUNDING AREA.
IN CONTRAST, THE PROPOSED C TO S COMMERCIAL DISTRICT IS NOT APPROPRIATE.
WHILE THE BASE ZONING REMAINS THE SAME, THE REQUESTED SPECIFIC USE AUTHORIZATION WOULD ALLOW THE DEVELOPMENT OF A GASOLINE FUEL STATION OR USE WITH GASOLINE HAVING 50,000
[02:15:01]
GALLONS OR LESS TOTAL TANK CAPACITY WITHIN 100 FEET OF MULTI-FAMILY RESIDENCES, WHICH IS LOCATED TO THE NORTH AND TO THE SIDE.THE APPLICANT HAS INDICATED THAT THE PROPERTY OPERATED IN THE PAST AS A CORNER CONVENIENCE STORE WITH AN ASSOCIATED GAS STATION.
HISTORICAL IMAGERY ALSO SUGGESTS THAT THE PROPERTY FUNCTION AS A CONVENIENCE STORE AND GAS STATION UNTIL APPROXIMATELY 2019.
THE PREVIOUS OWNER SUBSEQUENTLY REMOVED THE FUEL PUMP, FUEL PUMPS AND THE CURRENT OWNER IS NOW SEEKING TO REESTABLISH THE GAS STATION USE.
HOWEVER, PER SECTION 35 DASH 3 97 0.01 REESTABLISH, THIS REESTABLISHING THIS GAS STATION IN THE SAME LOCATION IS NOT PERMITTED BY RIGHT DUE TO THE TANK CAPACITY AND ITS PROXIMITY TO THE MULTIFAMILY RESIDENCES.
AS A RESULT, THE APPLICANT IS SEEKING A SPECIFIC USE REGARDLESS OF THE PRIOR GAS STATION USE.
STAFF DOES FIND THAT A 100 FOOT SEPARATION FROM THE ADJACENT MULTIFAMILY DEVELOPMENT IS INSUFFICIENT AS IT MAY REINTRODUCE POTENTIAL FIRE HAZARDS, FUEL STORAGE AND NEGATIVE NEGATIVELY IMPACT THE AIR QUALITY.
THEREFORE THE PROPOSED C TWO S SO AND IS NOT CONSIDERED APPROPRIATE FOR THE PROPERTY OR THE AREA.
STAFF RECOMMENDS DENIAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALRIGHT, IF WE COULD HAVE THE APPLICANT'S REPRESENTATIVE, PLEASE, POWERPOINT.
PATRICK CHRISTENSEN, THREE 15 EAST COMMERCE SUITE 3 0 4.
UH, YES, AS STAFF SAID, WE'RE HERE TODAY FOR AN EXISTING GAS STATION AND, AND LEMME TELL YOU WE'RE, WE'RE HERE, UH, AT YOUR MERCY BEGGING FOR YOUR HELP FOR THIS PROBLEM THAT WE DID NOT CAUSE.
UM, CAN YOU KINDA MAKE IT FULL SCREEN OR WE, OR WE
OR I GUESS I DON'T HAVE ANY CONTROL OVER THAT.
UM, OKAY, SO THIS IS THE PROPERTY, I MEAN, EXISTING CONVENIENCE STORE.
MY CLIENT BUYS IN DECEMBER OF 2025 OR 24 AND STARTS PULLING PERMITS IMMEDIATELY.
YOU CAN SEE THERE USED TO BE SOME SORT OF GAS PUMP OR APPARATUS HERE.
UM, I'LL GET INTO THE PERMITTING, BUT BASICALLY JUST TO MAKE, MAKE IT SHORT, UM, THEY BUY THE PROPERTY.
THEY SAY, LOOK, WE WANNA PUT IN GAS PUMPS.
THEY APPLY FOR ALL THE PERMITS, ALL THE PERMITS ARE APPROVED.
THEY GO FOR THE FINAL CERTIFICATE OF OCCUPANCY.
AND STAFF SAY, OR CITY STAFF SAY NOT THIS STAFF, CITY STAFF SAY, WELL WAIT A MINUTE, YOU DON'T HAVE THE CORRECT ZONING FOR A GAS STATION.
AND WHAT'S CONFUSING TO ME IN THE STAFF'S RECOMMENDATION FOR DENIAL IS THEY SAY THAT, YOU KNOW, IN SPITE OF THE PRIOR GAS STATION USE STAFF FINDS THAT THE A HUNDRED FOOT SEPARATION IS NOT ENOUGH.
WELL, WHY DID CITY COUNCIL CREATE HIS ZONING DISTRICT OR SPECIFIC USE PERMIT TO ALLOW US TO ASK FOR YOUR PERMISSION TO HAVE A GAS STATION WITHIN A HUNDRED FEET OF A RESIDENTIAL? NEXT SLIDE PLEASE.
SO THESE ARE THE FOUR PERMITS.
UM, FIRST PERMIT WAS FOR A CONVENIENCE STORE REHAB THAT'S ALLOWED IN C TWO.
THE NEXT PERMIT WAS FOR A CANOPY.
THE NEXT SLIDE, A SECOND CANOPY PERMIT.
AND THEN FINALLY, THIS IS THE GAS TANK'S PERMIT.
THE FIRE DEPARTMENT COMES OUT, CHECKS THE TANKS, CHECKS THE PUMPS, MAKES SURE THEY'RE SAFE, EVERYTHING'S APPROVED.
SO THEY GO IN FOR THEIR NEXT SLIDE.
THEY GO IN FOR THEIR CERTIFICATE OF OCCUPANCY AND ARE TOLD THEY DON'T HAVE THE CORRECT ZONING AND THEY CAN'T GET A CERTIFICATE OF OCCUPANCY.
SO AS YOU CAN SEE, NICE SHINY NEW GAS PUMPS.
SO WE, WE BEG FOR YOUR HELP TO SOLVE THIS PROBLEM.
THEY'VE SPENT A LOT OF TIME AND MONEY TO TRY TO, TO INSTALL THESE GAS PUMPS AND GAS TANKS AND WE'RE JUST TRYING TO, TO MOVE FORWARD WITH THIS BUSINESS.
SO WE WOULD RESPECTFULLY REQUEST YOUR HELP.
IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THOSE.
ALRIGHT, THANK YOU SO MUCH MR. CHRISTENSEN.
UH, ANY PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT.
UH, THIS IS A DISTRICT SEVEN CASE COMMISSIONER S SIPES TO YOU FOR QUESTIONS.
I WAS LIKE, LET'S KEEP IT TOGETHER.
UM, I ACTUALLY DON'T HAVE QUESTIONS.
ANY QUESTIONS? UH, TO MY LEFT? YES.
COMMISSIONER BEL THE, UH, DO WE HAVE ANY CONTEXT AS SORRY IF YOU ALREADY SAID THIS, WHY WERE THE TANKS TAKEN OUT? WHY, WHY WERE WE YEAH, IT WAS, IT'S REALLY VALUABLE.
WHY, WHY TAKE OUT A GAS STATION? UH, WE DON'T KNOW.
THAT WAS A PREVIOUS OWNER BACK IN 2019 AND WE DON'T KNOW WHY THEY DID THAT.
YEAH, IT DOES LOOK LIKE THEY WERE MOVED IN 2019.
UM, THEY WERE NOT THERE UNTIL NOW.
UH, AND THEN ACTUALLY ONE MORE QUESTION FOR YOU.
UH, NEIGHBORHOOD ASSOCI OR THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION? NO, THERE WAS NOT.
SO LET'S TALK ABOUT THE PUBLIC OUTREACH.
DID YOU SPEAK WITH THE APARTMENT COMPLEX OR, YOU KNOW, USUALLY THEY'RE OUT-OF-STATE OWNERS.
I MEAN, I DID NOT, I FIGURED THEY WOULD RECEIVE THE CITY NOTICE.
THE PRO ACROSS THE STREET IS A AUTO PAINT AND BODY.
UM, PRETTY ON THE OTHER SIDE IS SOME SORT OF A FLEET TRUCK BUSINESS.
I MEAN, THERE'S A LOT OF TRUCKS THERE.
[02:20:01]
I DIDN'T REACH OUT.ALRIGHT, ANY FURTHER QUESTIONS? LEFT? QUESTIONS RIGHT? YES.
SO THIS WAS A, A GAS STATION PRIOR TO 2019, CORRECT? UH, DO YOU KNOW HOW FAR BACK? OH, OOH.
LOOKING AT MAPS AND STREET VIEWS OBVIOUSLY WAS THERE FROM 2000 MAYBE EVEN EARLIER.
LET ME SEE IF I CAN LOOK AT BCAD.
AND SO HONESTLY TOO, UH, PATRICK'S QUESTION ABOUT, YOU KNOW, THE CODE NOW ASKING, I BELIEVE I WOULD COMPARE IT TO SIMILAR OF THAT, OF A VAPE SHOP.
NOW YOU, YOU CAN REQUEST FOR ZONING TO PERMIT A CERTAIN USE, NOT STRAIGHT OUT PROHIBIT IT.
SO THEY'RE NOT TRYING TO DO A TAKING AND REMOVE THE USE COMPLETELY.
THEY'RE ALLOW, NO, NOT GONNA SAY THAT, BUT AGAIN, ALLOW THE POTENTIAL USE OF THAT.
AND IT DOES LOOK LIKE THE, IT IT'S BEEN THERE SINCE LIKE 1979.
DID YOU GO GOOGLE MAPS ALL THE WAY BACK TO 79? I WENT TO
AND IT SAYS HERE THAT THE NEIGHBORHOOD SHOPPING CENTER WAS BUILT IN 1979.
AND I, I'M ASSUMING THAT THESE TANKS WERE BUILT POSSIBLY AROUND THE SAME TIME.
OH, I'M GLAD WE DIDN'T HAVE TO GET OUR DELOREAN TO FIGURE THIS OUT.
ALRIGHT, ANY FURTHER QUESTIONS? RIGHT.
SEEING NONE QUESTIONS RIGHT LAST TIME.
ALRIGHT, COMMISSIONER SIPES TO YOU FOR DISCUSSION AND POTENTIAL MOTION.
I DID NOT USE BCA D BUT I USED SOME OLD AERIAL PHOTOGRAPHS THAT WENT BACK TO 83.
SO I CAN CONFIRM BASED ON OLDER AERIALS THAT THE GAS STATION WAS THERE IN 83.
UM, BUT YOU WENT FARTHER BACK, SO, YAY.
UM, I, I UNDERSTAND STAFF'S RECOMMENDATION.
UM, UH, AND I AM GLAD, UH, THAT THE LAST UDC ROUND, WE ACTUALLY ADDED THE S YOU KNOW, TO ADD THE EXTRA CHECK.
AND, AND FOR ME THAT THAT'S WHAT I LOOK UPON THIS AS IS THE S REQUIRES AN EXTRA CHECK.
UM, AND SO THE EXTRA CHECK IS, WELL, WHAT WAS IT HISTORICALLY USED AS? UM, AND UH, HOW LONG HAS IT BEEN SINCE IT'S BEEN A GAS STATION? AND SO IT'S ONLY, IT WAS, YOU KNOW, WITHIN THE LAST SIX YEARS IT'S BEEN A GAS STATION.
UM, THE APARTMENTS HAVE BEEN THERE, THEY'VE COEXISTED FOR DECADES.
UM, AND SO IN THIS CASE, I, I THINK THAT IT, IF THIS WAS A BRAND NEW GREENFIELD SITE, I WOULD NOT APPROVE FOR THE S UM, BUT SINCE IT HAD HISTORICALLY BEEN A GAS STATION IN THIS CASE, I'M GOING TO MAKE A MOTION FOR APPROVAL.
ALRIGHT, THERE'S A MOTION FOR APPROVAL.
IS THERE A SECOND? I'LL SECOND.
SECOND BY COMMISSIONER HINO HOSA, UM, DISCUSSION.
LOOKING RIGHT, SEEING NONE AGAIN.
THE MOTION IS FOR APPROVAL OF ITEM NUMBER 18 BY COMMISSIONER SIPES WITH A SECOND BY COMMISSIONER HINO HOSA ROLL CALL VOTE PLEASE.
[Approval of Minutes ]
OUR LAST ITEM ON THE AGENDA IS CONSIDERATION AND APPROVAL OF THE APRIL 7TH, 2026 ZONING COMMISSION MINUTES.ARE THERE ANY, UH, CHANGES, AMENDMENTS, ET CETERA TO THESE MINUTES? YES.
THE LAST ITEM SHOULD HAVE PULLED THIS UP BEFOREHAND.
UH, LAST ITEM ON THE AGENDA, OR SORRY, ON THE MINUTES, UH, THE, OH GOODNESS.
COULD
YEAH, ON THAT LAST ITEM, IT WAS AMENDED.
SO IT WILL BE REFLECTED ON THE, ON THE MINUTES THAT ARE APPROVED BY THE CHAIR AND THE SECRETARY.
[02:25:03]
OKAY.WELL ANYWAY, SO MY, MY REQUEST WOULD BE TO STRIKE THE LANGUAGE DESCRIBING THE ORDINANCE.
UM, IT SAID SOMETHING TO THE EFFECT OF THIS ORDINANCE IS TO PROTECT PUBLIC SAFETY.
I, UH, WOULD MAINTAIN THAT WE DIDN'T ADOPT THAT FINDING AS A COMMISSION.
UH, WE VOTED TO RECOMMEND TO NOT, UH, WE VOTED TO NOT RECOMMEND THE ORDINANCE.
UM, SO I DIDN'T THINK IT WAS PROPER TO HAVE THAT LANGUAGE, UM, EITHER WAY.
SO MY, I MEAN MY RECOMMENDATION WOULD BE TO STRIKE THE LANGUAGE, UH, DESCRIPTIVE LANGUAGE.
UM, I'M SORRY, I I I DON'T HAVE IT IN FRONT OF ME, BUT I CAN LOOK FOR IT REAL FAST HERE.
SO MY, UH, I I WOULD STRIKE THE, UH, LANGUAGE, THE PROPOSED AMENDMENTS HELP TO SAFEGUARD PUBLIC SAFETY BY REQUIRING NOTICE TO THE CITY IF AN OPERATOR WISHES TO BUILD, CONVERT, OR OPERATE A DETENTION FACILITY WITHIN CITY LIMITS AND PROPOSED ZONING STANDARDS AND REGULATIONS RELATED TO THEIR USE.
JUST TO STRIKE THAT AND NOT TO REPLACE IT WITH ANYTHING ELSE.
SO AFTER LOGAN GIVES HIS, HIS, UH, INTRODUCTION OR HIS PRESENTATION, SO THAT IS PART OF LO CORRECT ME IF I'M WRONG, BUT THAT IS PART OF LOGAN'S PRESENTATION, CORRECT? THAT SECOND PARAGRAPH.
IT'S MY UNDERSTANDING THAT THAT'S ACTUALLY REFLECTION.
THAT'S MY UNDERSTANDING THAT THAT'S ACTUALLY REFERENCING THE PRESENTATION THAT WAS MADE.
'CAUSE IT'S UNDER LOGAN'S NAME.
SO IT'S NOT REALLY SAYING, IT'S A FINDING OF THE, UH, ZONING COMMISSION.
IT'S JUST REFERENCING THAT THAT WAS PART OF THE PRESENTATION HE MADE.
BUT IF, IF THE ZONING COMMISSION WANTS, WANTS TO STRIKE IT.
IF YOU ALL AGREE, YOU CAN STRIKE IT.
YEAH, I, I DON'T HAVE A PROBLEM WITH IT BEING ATTRIBUTED TO LOGAN.
HOW ABOUT, HOW ABOUT A CHANGE JUST TO, UH, BACKSPACE THAT TAB THERE TO HAVE IT IN THE SAME PARAGRAPH THAT STARTS WITH THE WORDS LOGAN SPARROW, SO THAT THERE'S NO AMBIGUITY.
'CAUSE WHEN I READ IT, I, I DIDN'T READ IT THAT WAY.
SO, UH, THE MOTION IS, OH SORRY.
THERE IS A REQUEST FOR A CHANGE TO THE MINUTES AS SPECIFIED ON THE RECORD TO COMBINE THE TWO PARAGRAPHS, UH, IMMEDIATELY FOLLOWING, UH, THE TEXT.
ALRIGHT, IS THERE A MOTION? YES.
SO, ALRIGHT, THERE'S A MOTION TO APPROVE THE AMENDMENT.
THERE'S A MOTION TO APPROVE THE AMENDMENTS AS AMENDED.
SORRY, THE MINUTES AS AMENDED.
I HOPE YOU'RE GETTING YOUR JOLLIES OUT DURING FIESTA 'CAUSE THIS IS GONNA STOP NEXT MEETING
UH, THE MOTION IS TO APPROVE THE MINUTES AS AMENDED ON THE RECORD TO COMBINE THOSE TWO PARAGRAPHS BY COMMISSIONER DUVAL.
IS THERE A SECOND? I'LL SECOND IT.
SECOND BY COMMISSIONER PETE RODRIGUEZ.
UH, THIS CAN BE DONE BY ACCLIMATION.
ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
MOTION CARRIES MINUTES ARE APPROVED AS AMENDED.
IS THERE A DIRECTOR'S REPORT WE NEED TO GET OUT OF HERE?
JUST PLEASE BE SAFE, UM, WITH ALL THE RAIN.
THIS MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION IS ADJOURNED.