Nov 27, 2019 Planning Commission

[00:00:01]

OKAY, IT'S TWO O'CLOCK.

IS UH, STAFF READY WITH THE VIDEO? IS EVERYBODY READY TO GET STARTED? YES.

LET'S GO AHEAD AND PLAY THE VIDEO.

[Call to Order]

IT'S 2 0 1 AND WE ARE CALLING TODAY'S, UH, PLANNING COMMISSION.

MEETING.

TO ORDER, CAN STAFF DO THE ATTENDANCE COMMISSIONER MICHAEL GARCIA PRESENT.

COMMISSIONER RO EGRIN PRESENT.

COMMISSIONER CARILLO PRESENT, COMMISSIONER MCGEE PRESENT.

COMMISSIONER MARTINEZ PRESENT, COMMISSIONER PECK PRESENT, COMMISSIONER GONZALEZ, PRESENT CHAIRMAN CHRISTOPHER GARCIA PRESENT, A QUORUM IS PRESENT.

THANK YOU.

NEXT ON THE AGENDA IS CITIZENS TO BE HEARD.

IF YOU HAVE SIGNED UP TO SPEAK, YOU CAN CHOOSE TO SPEAK NOW OR WAIT FOR YOUR INDIVIDUAL ITEM TO BE BROUGHT UP FOR HEARING AND SPEAK.

AT THAT TIME, REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND EACH CITIZEN WILL HAVE THREE MINUTES TO SPEAK.

DOES ANYONE WISH TO SPEAK AT THIS TIME? JUST TO LET THEM KNOW THAT THE TWO ITEMS THAT ARE ON INDIVIDUAL THAT HAVE PEOPLE SIGN IN TO SPEAK ARE, UM, ITEM NUMBER EIGHT AND ITEM NUMBER 11.

EVERYTHING ELSE IS ELIGIBLE FOR CONSENT.

IT LOOKS LIKE EVERYONE WILL SPEAK WHEN THEIR ITEM IS GOING TO BE HEARD INDIVIDUALLY.

[Consent Agenda]

OUR FIRST AGENDA IS THE COMBINED HEARING AGENDA.

CASES ON THE COMBINED HEARING AGENDA ARE CASES WHERE STAFF RECOMMENDS APPROVAL.

THE PLANNING COMMISSION DOES NOT REQUIRE FURTHER DISCUSSION AND FIND NO ONE OF THE AUDIENCE IS SIGNED UP TO SPEAK ON THE ITEM.

ALL CASES WE READ INTO THE RECORD FOR ONE UNIFIED OMNIBUS MOTION.

IF SOMEONE HAS SIGNED UP TO SPEAK ON THE AN ITEM, THEN THAT ITEM WILL BE MOVED TO THE INDIVIDUAL HEARING AGENDA.

THE SECOND AGENDA FOR TODAY IS THE INDIVIDUAL HEARING AGENDA IN WHICH CASES WILL BE DISCUSSED SEPARATELY PRIOR TO THE PLANNING COMMISSION.

MAKING A MOTION ON THE AGENDA WILL BE AGAIN, WITH THE COMBINED HEARING AGENDA AND CURRENTLY AS STATED BEFORE, UH, WITH THE EXCEPTION OF ITEMS NUMBER EIGHT AND 11, THE REMAINDER WILL BE ON THE COMBINED HEARING AGENDA.

AND IF STAFF CAN, UM, GO AHEAD AND READ THAT INTO THE RECORD.

AFTERNOON, CHRIS MCCOLLINS, SENIOR PLANNER DEVELOPMENT SERVICES WITH THE EXCEPTIONS OF ITEMS EIGHT AND 11, WHICH HAVE BEEN PULLED FOR INDIVIDUAL CONSIDERATION.

THE BALANCE OF TODAY'S AGENDA WILL BE CONSIDERED BY THE COMMISSION UNDER A SINGLE MOTION FOR APPROVAL.

THANK YOU.

DO WE HAVE A MOTION ON THE COMBINED HEARING AGENDA? MOTION FOR APPROVAL.

SECOND, WE HAVE A MOTION FOR COMMISSIONER PECK AND A SECOND FROM COMMISSIONER MICHAEL GARCIA.

WILL STAFF TO THE ROLL CALL VOTE.

COMMISSIONER PECK AYE.

COMMISSIONER MICHAEL GARCIA.

AYE.

COMMISSIONER ROYAL LAG GREENY? YES.

COMMISSIONER CARILLO? YES.

COMMISSIONER MCGEE? YES.

COMMISSIONER MARTINEZ? YES.

COMMISSIONER GONZALEZ? YES.

CHAIRMAN CHRISTOPHER GARCIA.

YES.

MOTION PASSES.

THANK YOU.

NEXT WILL BE THE INDIVIDUAL HEARING AGENDA,

[8. 19-8544 (Continued from 11/13/19) PLAN AMENDMENT CASE PA-2019-11600080 (Council District 2): A request by Drought, Drought & Bobbitt, LLP, Representative, for approval of a Resolution to amend the Government Hill Neighborhood Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Low Density Residential" to "Neighborhood Commercial" on the east 3.3 feet of the south 118 feet of Lot 11 and the south 118 feet of Lot 12, Block 6, NCB 1177, located at 2551 North Interstate 35. Staff recommends Denial. (Associated Zoning Case Z-2019-10700208) (Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department).]

ZONING LOCATED AT 2 5 5 1 NORTH I H 35.

ITEM EIGHT IS A REQUEST TO CHANGE THE UNITED SOUTHWEST COMMUNITIES PLAN FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL.

22 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.

SIX TURNED IN FAVOR, ONE IN OPPOSITION AND THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.

THE APPLICANT SEEKS AN AMENDMENT IN ORDER TO REZONE TO NC.

THE PROPOSED NEIGHBORHOOD COMMERCIAL IS CONSISTENT WITH THE DESIRED NC.

HOWEVER, IF AMENDED INTRODUCES THE ENCROACHMENT OF COMMERCIAL USES INTO PREDOMINANTLY SINGLE FAMILY RESIDENTIAL BLOCK AND LOW DENSITY RESIDENTIAL AREA.

STAFF RECOMMENDS DENIAL AND THE REPRESENTATIVE IS PRESENT.

WILL THE APPLICANT OR REPRESENTATIVE PLEASE ADDRESS THE COMMISSION? GOOD AFTERNOON.

THANK YOU ALL.

THIS HAS CONTINUED FROM TWO WEEKS AGO.

MY NAME IS MATT BATTERS.

I'M REPRESENTING THE PROPERTY OWNER WHO'S ALSO THE APPLICANT,

[00:05:01]

LITTLE BIT OF AN UNUSUAL CASE.

SO I'LL, I'LL GO OVER WHAT WE DISCUSSED LAST TIME.

JUST FOR THOSE OF YOU WHO WEREN'T HERE, WE'RE NOT SEEKING TO TEAR ANYTHING DOWN.

WE'RE NOT SEEKING TO PUT ANYTHING UP.

WE'RE SEEKING A CHANGE OF USE.

MY CLIENT IS IN THE BUSINESS OF RESTORING HISTORIC HOMES AND THAT'S WHAT WAS DONE HERE.

BUT WE DON'T LIKE THE F WORD FLIP.

UM, WE LIKE THE R WORD RESTORE, UH, AND AS IS CUSTOMARY FOR OLD HOMES, YOU MIGHT NOT KNOW WHAT YOU'RE GETTING INTO WHEN YOU START TEARING INTO WALLS.

AND THAT'S WHAT HAPPENED HERE.

UH, THE, THE ESTIMATED PROJECT WENT A LITTLE BIT OVER, UH, AND THE PROPERTY WAS RESTORED TO A HIGHER THAN ORIGINALLY PLANNED CONDITION.

LOOKING AT WHAT TO DO WITH IT NOW, UH, PROBABLY A HARD SELL FOR ANYONE TO WANNA RAISE THEIR FAMILY AT THE CORNER OF AN INTERSTATE HIGHWAY IN A MAJOR INTERSECTION.

SO MY CLIENT HAS HOPED HE CAN MOVE HIS OFFICE SPACE FROM SAN PEDRO INTO THIS PROPERTY AS A LIVING FUNCTIONING SHOWCASE OF THEIR WORK AND ALSO A REAL ESTATE, UH, SALES OFFICE OUT OF THE SAME FACILITY.

UH, AGAIN, THIS IS NOT THE TYPICAL SITUATION WHERE A DEVELOPER CONTINGENT ON A CONTRACT, MY CLIENT OWNS THE PROPERTY AND INTENDS TO USE IT, HAS ALREADY SPENT THE MONEY.

AND IT'S, IF WE CAN STICK ON THIS SLIDE OVER TO THE RIGHT IS WALTERS N 35.

SO THE, THE BLOCK THAT'S NEXT TO HIM IS RIPE FOR FUTURE COMMERCIAL DEVELOPMENT.

AND SO PART OF THE REASON WE'VE ENJOYED SUCH GOOD NEIGHBORHOOD SUPPORT IS TWOFOLD.

FIRST OF ALL, IF THERE'S ANY KIND OF MAJOR COMMERCIAL ACTIVITY TO THE RIGHT OF US BETWEEN WALTERS ROAD AND, AND THE SUBJECT PROPERTY GOING FROM R SIX TO NEIGHBORHOOD COMMERCIAL IS KIND OF A NICE TRANSITION BACK TO R SIX.

UH, SECONDARILY, GOVERNMENT HILL IN GENERAL HAS SEEN A MASSIVE INCREASE IN THEIR PROPERTY TAXES.

IT'S MOSTLY RESIDENTIAL.

A LOT OF FOLKS THAT HAVE LIVED THERE, A LOT OF OWNER OCCUPIED, AND THEY'RE KIND OF BEING UNFAIRLY TAXED WITH PROPERTIES LIKE MY CLIENTS THAT HAVE A LOT OF MONEY INVESTED IN THEM.

AS I MENTIONED, WHEN YOU, WHEN YOU GET A PERMIT APPLICATION, YOU HAVE TO PUT ON THERE HOW MUCH IS GONNA GET SPENT SO THAT THE TAX MAN KNOWS HOW MUCH MONEY WENT INTO THIS PROJECT.

AND SO THE NEIGHBORS AROUND THEM GET UNFAIRLY VALUED WITH, WITH INCREASES THAT A COUPLE OF 'EM CAN'T AFFORD, EVEN WITH THE 10% CAPS ON HOMESTEAD.

SO THE REASON WE'RE GOING FROM R SIX TO NC INSTEAD OF AS SOME OTHER PROPERTIES CONDITIONAL USE IS BECAUSE THE TAX MAN CANNOT USE COMMERCIAL PROPERTIES AS A COMPARABLE FOR THE RESIDENTIAL.

SO IT TOTALLY TAKES MY CLIENT OUT OF IT.

I THINK I MENTIONED AT THE LAST HEARING THEY SAW A PROPERTY TAX VALUE INCREASE OF 50% AND THAT WAS DESPITE OUR BEST EFFORTS.

I WANTED TO MENTION TOO, IN THIS AREA, WE'RE NOT ASKING YOU ALL TO APPROVE OF ANYTHING THAT HAS NOT BEEN DONE BEFORE.

SO JUST ALONG THIS I 35 FRONTAGE CORRIDOR, HERE ARE A FEW PROPERTIES THAT HAVE BEEN ZONED WITHIN THE LAST 10 YEARS FROM R SIX OR R FIVE TO COMMERCIAL.

AND AGAIN, WE'RE ASKING FOR THE LOWEST LEVEL OF COMMERCIAL USE.

NEIGHBORHOOD COMMERCIAL 4 27 STAFFORD ZONED C 2 22 27 NORTH I 35, ZONED C 2 22 0 7 NORTH I 35 C TWO I D Z 2119 NORTH I 35 C 1 19 43 NORTH I 35 I D Z 1711 THROUGH 1703 C 2 9 0 1 MASON STREET, OH TWO SMALL OFFICE BUILDING, 1926 WALTERS, C 2 2 0 3 JIM STREET, C TWO I D Z, AND 2 20 10 NORTH WALTERS C TWO I D Z.

EVERY SINGLE ONE OF THE PROPERTIES I JUST MENTIONED HAS AT LEAST ONE BOUNDARY LINE WITHIN AN R SIX PROPERTY.

SO WE'RE, WE'RE NOT ASKING FOR SOMETHING THAT'S TOTALLY UNHEARD OF BEFORE.

AND I THINK AT THE LAST HEARING IT WAS ASKED WHAT WOULD, WHAT WOULD HAPPEN SOMEDAY IF THIS GETS SOLD TO SOMEONE WHO DOES WANT TO DEVELOP IT.

THERE'S TWO THINGS I CAN MENTION THAT ADDRESS THAT.

AGAIN, WE'RE NOT ASKING C ONE, TWO OR THREE.

IT'S NEIGHBORHOOD COMMERCIAL, THE LOWEST LEVEL.

SO IF, IF SOMEONE WANTED TO COME IN RUBBING THEIR HANDS, THINKING IT'S OWN COMMERCIAL, THEY WOULD SPEND MORE ON THE PROPERTY THAN THEY WOULD MAKE BY TEARING DOWN WHATEVER'S THERE.

UH, AGAIN, A LOT OF MONEY WENT INTO THE RESTORATION TO SEE THAT THIS WAS DONE RIGHT, BUT ALSO THIS IS A 0.15 ACRE LOT.

SO IF SOMEONE WAS GOING TO DO A COMMERCIAL DEVELOPMENT, TEAR DOWN WHAT'S THERE AND PUT SOMETHING UP, THEY COULD ONLY USE MAYBE ABOUT 5% OF THE SPACE OF THAT LOT BASED ON THE SETBACK LINES UNDER THE UNIFORM DEVELOPMENT CODES.

SO THE LOT SIZE AND THE ECONOMICS ARE SORT OF A BUILT-IN SAFEGUARD FOR THAT BY ITSELF, BUT ALSO MENTIONED THAT ANOTHER REASON THAT UNDERSCORES THE NEIGHBORHOOD SUPPORT FOR THIS IS PARKING IS TIGHT.

UH, A LOT OF THESE

[00:10:01]

SO THERE'S A LOT OF OFF STREET PARKING.

IF WE WERE NEIGHBORHOOD COMMERCIAL, WE COULD DO SOME OFF STREET PARKING, TWO OR THREE SPACES FOR HANDICAP ACCESS AND WHAT IS CURRENTLY THE BACKYARD OF THE PROPERTY AND IT WOULD ALLEVIATE SOME OF THE ON-STREET PARKING QUESTIONS ARE WELCOME.

THIS TIME I'VE GOT THE APPLICANT, COUPLE OF FOLKS FROM THE NEIGHBORHOOD HERE.

I KNOW ROSE HILL FROM THE NEIGHBORHOOD ASSOCIATION.

THERE SHE IS.

GOOD TO SEE YOU ROSE.

UM, WE'RE GONNA COME MENTION, ADD TO WHATEVER MIGHT BE ON YOUR MINDS FOR APPROVING THIS.

AND AGAIN, A LOT OF THIS INFORMATION WE DID NOT HAVE THE BENEFIT OF EXPLAINING TO THE ZONING COMMISSION, UH, WHEN WE WENT TO THAT HEARING ON NOVEMBER 5TH.

THANK YOU.

UM, NEXT WE'LL HAVE CITIZENS TO BE HEARD.

HAVE, UM, FIRST PERSON SIGNED UP TO SPEAK ON ITEM NUMBER EIGHT IS ALICIA CASTLEMAN.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

YOU HAVE THREE MINUTES.

HI, MY NAME IS ALICIA CASTLEMAN.

UM, THE ADDRESS WHERE I AM EMPLOYED IS, UM, WITH THE REAL ESTATE OFFICE THAT IS PROPOSED TO BE MOVED THERE.

SO IT'S 2 5 5 1 NORTH HIGHWAY 35 IN SAN ANTONIO, TEXAS.

UM, HAVING SPENT TIME IN THIS NEIGHBORHOOD DURING THE RESTORATION OF THE HOME, WHICH WAS AN ABSOLUTE DISASTER AND AN EYESORE, UM, THERE WERE VAGRANTS LIVING IN THE HOME PRIOR TO THE RESTORATION.

SO THE THINGS THAT HAVE BEEN DONE IN THE NEIGHBORHOOD HAVE REALLY BROUGHT UP THE NEIGHBORHOOD, LIMITED SOME OF THE, YOU KNOW, CRIME AND VAGRANCY IN THE NEIGHBORHOOD.

UM, AND HE'S PUT A TREMENDOUS AMOUNT OF MONEY INTO THIS PROPERTY.

IT WOULD BE FANTASTIC IF IT COULD BE USED FOR OFFICE SPACE.

UM, IT'S A BEAUTIFUL PROPERTY.

IT'S GOT TREMENDOUS VIEWS, BUT IT'S VERY LOUD, SO I DON'T THINK SOMEBODY WOULD CHOOSE IT AS A HOME.

UM, IT IS A BETTER REAL ESTATE SHOW PIECE AT THIS POINT IN TIME.

IT IS HIGHER THAN THE OTHER HOMES IN THE NEIGHBORHOOD AND I CAN SEE HOW PEOPLE WOULD REALLY WANT IT TO BE ZONED COMMERCIAL BECAUSE IT IS AFFECTING THEIR TAXES.

SO THAT WOULD BE A TREMENDOUS BENEFIT TO THE RESIDENTS IN THE NEIGHBORHOOD BECAUSE THERE IS SUCH A DIFFERENCE BETWEEN THIS PROPERTY AND THE CURRENT PEOPLE WHO LIVE IN THE NEIGHBORHOOD.

UM, AND THEN, YOU KNOW, THE ISSUE OF THAT BOUNDARY WALTERS IS RIGHT THERE.

UM, IT'S A, IT'S A NOISY AND BUSY CORNER AND HAVING A, A HOUSE WHERE THERE ARE PEOPLE, UM, THERE DURING THE DAY WHERE A LOT OF THE RESIDENTS ARE NOT HOME DURING THE DAY.

UM, THAT WHERE THERE ARE PEOPLE WHO KEEP AN EYE ON THE NEIGHBORHOOD WHO HAVE A VESTED INTEREST IN THE NEIGHBORHOOD, UM, WOULD BE NICE FOR THE RESIDENTS OF THE NEIGHBORHOOD SO THAT THERE IS A BOUNDARY BETWEEN THAT COMMERCIAL AND RESIDENTIAL.

THAT'S ALL.

THANK YOU.

UH, NEXT TIME TO SPEAK IS GARY.

GARY.

OKAY.

AND THEN FINALLY ON NUMBER EIGHT WAS, UH, MS. ROSE HILL.

NAME AND ADDRESS FOR THE RECORD.

AND YOU HAVE THREE MINUTES.

UH, ROSE HILL, A PRESIDENT OF GOVERNMENT HILL ALLIANCE, UH, NEIGHBORHOOD ASSOCIATION 9 0 6 MASON.

UH, I'M HERE TODAY ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION.

UH, FIRST I WANNA SAY, UH, HAPPY THANKSGIVING TO EVERYBODY AND EVERYBODY HERE TODAY.

UM, UM, AS WE LOOK INTO THIS PROJECT, UM, WE HAVE HAD SEVERAL COMMUNITY MEETINGS.

WE HAVE A PROCESS IN WHICH OUR NEIGHBOR ASSOCIATION GOES THROUGH.

WE TRY TO BE TRANSPARENT AND TRY TO OPEN AS, AS OPEN AS POSSIBLE WITH THE COMMUNITY.

UH, THEY HAVE COME TO OUR MEETING SEVERAL TIMES AND, UH, WE TOOK INITIAL VOTE AND THE COMMUNITY VOTED ON IT.

ONE OF THE ISSUES THAT WE SAID THAT WE WANTED THE DEVELOPER TO DO TO GO OUT AND TALK TO THE NEIGHBORS, MAKE SURE THERE'S OPEN LINE OF COMMUNICATION, MAKING SURE THAT THEY KNOW, UH, WHAT THE RIGHT AND THE LEFTHAND ARE DOING.

UH, THIS HOUSE, UH, HAS WAS ON THE DEMOLITION BLOCK.

IT WAS, UH, UGLY.

IT WAS, UH, THERE WAS, THERE WERE VA VAGRANTS WHO WERE DRUG DEALERS COMING OUT OF THAT HOUSE.

IT WAS, IT WAS A DISASTER.

UH, IT WAS A COMPLETE, UM, UH, UGLINESS TO THE NEIGHBORHOOD.

AND, UH, THESE PEOPLE CAME IN AND THEY RESTORED IT.

THEY RESTORED THE FLOORS.

UH, THEY DIDN'T TAKE OUT ANY WINDOWS.

THEY RESTORED IT BACK TO ITS THE, WHAT WE'RE TRYING TO DO IS TO PRESERVE THE CHARACTER OF THE NEIGHBORHOOD.

SO THEREFORE AT THIS POINT, UH, THE NEIGHBORHOOD ASSOCIATION IS, AND THE COMMUNITY ARE IN SUPPORT OF THIS PROJECT.

I DO WANT TO ALSO JUST, UH, PINPOINT THAT THERE IS A HOME, UH, 1923, UH, NORTH PAN AM, UH, EXPRESSWAY, WHICH IS IN THE, HIS THIS, THIS HOUSE IS NOT IN HISTORIC, THE ONE THAT I'M REFERRING TO IN 1923 IN NORTH I PANAM IH 35.

UM, IT WAS SAME THING.

DILAPIDATION

[00:15:01]

THEY CAME IN, THEY FIXED IT UP, BUT THEY USED IT AS RESIDENTIAL PROFESSIONAL OFFICE.

AND IT DID GET APPROVED THROUGH, UH, THE PLANNING ZONING AND IT WENT TO CITY COUNCIL ALL THE WAY THROUGH.

AND THAT WAS IN THE HISTORIC, THE HISTORIC, UH, EMBRACED IT BECAUSE THE NEIGHBORS THAT, UH, REHABILITATED THIS HOME TURNED OUT TO BE PRETTY GOOD PARTNERS WITH THE NEIGHBORHOOD.

AND THAT'S WHAT WE WANT.

WE WANT SOMEBODY THAT'S GONNA BE THERE FOR A WHILE, UH, THAT'S GONNA COMMIT TO THE NEIGHBORHOOD AND IT'S GONNA WORK WITH THE NEIGHBORHOODS AND IS GONNA BE A GOOD NEIGHBOR.

SO THEREFORE, THAT'S WHERE WE STAND TODAY.

WE ARE IN SUPPORT IN AS WELL AS THE COMMUNITY.

THANK YOU FOR YOUR TIME.

THANK YOU.

UM, DOES THE APPLICANT HAVE ANY FORM? DOES THE APPLICANT HAVE ANY REBUTTALS OR FURTHER COMMENTS? I WANNA MAKE ONE COMMENT ABOUT THE WRITTEN OPPOSITION THAT WAS TURNED IN, THAT PROPERTY WAS PURCHASED LESS THAN A YEAR AGO.

FERNANDO, DO YOU REMEMBER WHEN HE ACQUIRED THAT? IT WAS LESS THAN A YEAR? YEAH, IT'S A HOUSE FLIPPER.

HE'S GONNA, IT'S NOT BEING USED AS A PRIMARY RESIDENCE.

IT'S A FLIP THE BAD WORD.

NOT A RESTORATION THE GOOD WORD.

UH, NO PERMITS HAVE BEEN PULLED FOR THAT PROJECT.

MY CLIENT HAS DID EVERY PERMIT NECESSARY OR PROPER FOR HIS PROJECT.

SO I GUESS THE BOTTOM LINE IS WE'RE ASKING YOU ALL TO REWARD GOOD BEHAVIOR, DON'T REWARD BAD BEHAVIOR.

AND, UH, AN OFFER WAS MADE TO MY CLIENT TO WITHDRAW HIS WRITTEN PROTEST IN EXCHANGE FOR MONEY, WHICH I FRANKLY THINK SHOULD BE ILLEGAL.

BUT PLEASE KNOW THAT, UH, AS YOU CONSIDER THE WEIGHT OF THE OPPOSITION FROM THE NEIGHBOR NEXT DOOR.

THANK YOU.

THANK YOU.

NEXT WE GO TO COMMISSIONER'S QUESTIONS.

LET'S START WITH WHO DO WE HAVE ALL THE WAY ON THE LEFT? UH, COMMISSIONER JOY MCGEE.

OKAY.

SO, UM, THE, UM, SO THEY, TO THE APPLICANT, SO YOU'RE JUST WANTING TO OPEN A REAL ESTATE OFFICE.

IT TWO FUNCTIONS.

A REAL ESTATE OFFICE AND THEN A SHOWROOM FOR WHAT THEY DO ON THEIR RESTORATIVE WORK.

SO IT'S, IT'S NOT JUST BROKERS WITH SIGNS.

THEY DO CLOSE SOME TRANSACTIONS AND IT'S A THREE BEDROOM HOUSE.

SO THE THOUGHT WAS THE BEDROOMS WOULD BE THE OFFICE WHERE THE DESKS AND THE TRANSACTIONS OCCUR.

THE LIVING KITCHEN, DINING ROOM AREAS, THOSE ARE THE, LIKE I SAID, SHOWROOM FOR, YOU KNOW, THIS IS HOW WE RESTORE LONGLEAF PINE FLOORS.

THESE ARE YOUR STAIN OPTIONS.

THIS IS HOW WE CAN, YOU KNOW, USE DIFFERENT TILE OPTIONS IN THE BATHROOM.

THIS IS HOW WE CAN TAKE OLD CABINETS AND, YOU KNOW, JUST CUT 'EM OUT AND PUT GLASS IN TO MAKE 'EM MODERN AND THAT KIND OF THING.

WELL, WHAT ARE YOU PLANNED? UM, DAYS OF OPERATION AND HOURS? SURE.

FOR THE, FOR THE REAL ESTATE SHOWROOM PORTION OF IT, IT'S ORDINARY BUSINESS HOURS.

BUT FOR THE TRANSACTION SIDE, YOU KNOW, SOMETIMES A DEAL CLOSES AT NINE O'CLOCK ON A TUESDAY BECAUSE THEY COULDN'T GET THEIR MONEY.

SOMETIMES IT CLOSES AT THREE O'CLOCK ON A SUNDAY.

AND SO WHEN WE LOOKED INTO THE SUITABILITY OF OUR SIX WITH CONDITIONAL USE, THAT WAS ONE OF THE REASONS THAT IT WASN'T SUITABLE IS BECAUSE IT RESTRICTS YOU TO BUSINESS HOURS FROM EIGHT TO FIVE.

AND AGAIN, THE, THE ORDINARY HOURS PEOPLE ARE THERE ARE EIGHT TO FIVE, BUT YOU KNOW, WHY PLACE A LIMIT ON HIM RIGHT NOW IF IT'S JUST RESIDENTIAL FOR YOU TO COME AND GO WHENEVER YOU WANT.

SO WE, WE WOULDN'T ASK FOR A CONDITIONAL USE 'CAUSE THAT WOULD IMPOSE RESTRICTIONS THAT ARE ON THE PROPERTY RIGHT NOW.

AND, UH, WHAT KIND OF, UM, UH, BUFFERING, UM, DO YOU PLAN ON, UM, USING FOR THE, YOUR EXISTING NEIGHBORS? OKAY, WELL YOU'LL, YOU'LL NOTICE FROM THE, THE TEXT BUBBLE IS KIND OF BLOCKING IT.

THERE'S AN UNDEVELOPED AND UNDEVELOPABLE BECAUSE OF ITS SIZE WITHOUT A QUITE A BIT OF VARIANCE LOT BEHIND IT, SEPARATING IT FROM THE OTHER NEIGHBORS RIGHT THERE.

SO THAT BY ITSELF SEPARATES IT FROM THE LOT BEHIND US, WHICH HAS INDICATED THEIR APPROVAL, OH, THIS PROPERTY RIGHT HERE DOES NOT HAVE A, IT WOULD SERVE AS A BUFFER BETWEEN THIS ONE, WHICH IS AN OWNER OCCUPIED HOMESTEAD RESIDENCE.

AGAIN, THIS IS A WORK IN PROGRESS FLIP.

UM, THEY'RE NOT MAKING VERY FAST PROGRESS ON IT.

CODE COMPLIANCE MIGHT HAVE COME BY TO VISIT THEM.

AND THEN OF COURSE THIS IS EDGAR STREET.

SO IT'S, IT'S A NATURAL BARRIER BETWEEN WHAT ARE CURRENTLY ZONED R SIX RIGHT HERE.

I DON'T BELIEVE ANY OF THESE PROPERTIES ARE OCCUPIED.

AND THEN THIS IS 35.

SO IF THE IMMEDIATE NEIGHBOR, THE ONE WHERE THE OPPOSITION ISN'T, YOU'RE SAYING IT'S A POTENTIAL FLIP.

SO IF IT DOES END UP BEING RESIDENTIAL CITY, YOU HAVE ANY PLANS FOR A BUFFER THERE? SURE.

I THINK CURRENTLY WHAT IS THE TYPE OF FENCING ON THAT BOUNDARY LINE? JUST A JUST CHAIN LINK.

I

[00:20:02]

YOU CAN DO THOSE RED NIA TYPE BUSHES.

YOU CAN DO, I ALWAYS CALL 'EM CEMETERY TREES, THOSE LONG STRAIGHT TYPE THINGS.

THERE'S A WALL.

UM, IF YOU HAVE THE STREET VIEW, YOU MIGHT BE ABLE TO GET A GLIMPSE OF WHAT'S THERE.

THERE'S ABOUT FIVE FEET PRESENTLY BETWEEN THIS AND THE ADJOINING PROPERTY LINE.

BUT THEN THIS STRUCTURE HAS, I BELIEVE, WAS THAT THE ORIGINAL GARAGE PASS THROUGH RIGHT THERE, FERNANDO? YES.

SO IT'S, IT'S ALTOGETHER YOU'VE GOT ABOUT 15 TO 20 FEET BETWEEN THE TWO STRUCTURES.

AND THEN WITHIN THE STRUCTURE ITSELF, I MEAN THE LIVING SPACE IS TOWARDS THE FRONT, THE BEDROOM SPACE, THAT WOULD BE THE OFFICES OR OVER HERE ON THE BACK.

AND THEN YOU CAN SEE IF, IF THIS WAS TURNED INTO A, YOU KNOW, THREE OFF STREET PARKING SPACES TYPE CONCEPT, IT WOULD BE OFF OF EDGAR STREET AS FAR BASICALLY, AS FAR AS AWAY AS POSSIBLE FROM THIS PROPERTY HERE.

THANK YOU.

UH, COMMISSIONER MARTINEZ, DO YOU HAVE QUESTIONS? NO, NO QUESTION.

UM, SO I STATED AT THE LAST MEETING THAT I DO APPRECIATE ALL THE WORK THAT YOUR CLIENT HAS PUT INTO THIS AND THE, UH, EFFORTS THAT THEY'RE GOING THROUGH TO GET THIS APPROVED.

UM, LIKE, LIKE YOU SAID, TREATING, UH, GOING ABOUT IT THE RIGHT WAY AND BEING A GOOD CHARACTER.

UM, I DID HAVE A QUESTION.

IF, IF THIS DOES NOT GET APPROVED, DO THEY PLAN TO STILL HAVE JUST A HOME OPERATED BUSINESS? ARE THEY GOING TO MOVE INTO THE RESIDENCE? WHAT ARE THEIR PLANS? SHOULD THIS NOT HAPPEN? I MEANT I THINK YOU MENTIONED LAST TIME YOU WOULD WITHDRAW THE APPLICATION, BUT I DIDN'T KNOW IF THERE WAS ANY FURTHER DISCUSSION.

I, I IN, I AM IN SUPPORT.

I MEAN, I, I AM IN SUPPORT OF THE APPLICANT, NOT STAFF DECISION, BY THE WAY.

APPRECIATE THAT.

WHEN YOU MEAN NOT APPROVED, DO YOU MEAN AT THIS HEARING OR AT CITY COUNCIL WHERE THE FINAL, IF, IF EITHER WAY, IF THE PLANS AS YOU HAVE ARE PROPOSING THEM NOW, DO NOT MOVE FORWARD AND SURE.

THE, THE RE DESIGNATION AND REZONING DOES NOT MOVE FORWARD.

MIGHT TRY LISTING IT FOR SALE AND HOPING THAT NOW THAT THE FED HAS LOWERED INTEREST RATES, YOU CAN GET THAT PRICE POINT THAT YOU NEED.

BUT AGAIN, THERE'S RUMORS OF COMMERCIAL ACTIVITY COMING FROM OVER TO THE RIGHT.

IF YOU LOOK AT THE RENT RATES IN THIS NEIGHBORHOOD, RENTING IT OUT AS A RESIDENCE JUST WON'T MAKE SENSE.

UM, CAN'T, I CAN'T DIVULGE ALL OF MY CLIENTS.

THAT'S OKAY.

I'M JUST CURIOUS SECRETS.

BUT WE'RE RIGHT NOW FOCUSED ON THIS APPLICATION PROCESS AND CROSSING OUR FINGERS AND HOPE, HOLDING OUR BREATH.

OKAY.

THANK YOU CHAIR.

IF I COULD, I JUST WANTED TO CLARIFY A COUPLE OF THINGS RELATED TO THE BUFFER AND WHAT'S, WHAT THE CODE REQUIRES.

IF PROPERTY IS ZONED FOR COMMERCIAL, A SOLID SCREEN FENCE IS REQUIRED ADJACENT TO RESIDENTIAL USES.

A 15 FOOT BUFFER YARD IS REQUIRED ADJACENT TO OUR SIX ZONING.

UH, SO IF THE STRUCTURES ALREADY EXISTING, UM, AND IT IS, AND IT IS WITHIN THAT 15 FOOT BUFFER YARD ADJACENT TO THE PROPERTY THAT IS ZONED R SIX, THEN UH, BOARD OF ADJUSTMENT VARIANCES WOULD BE NEEDED.

THANK YOU.

GO AHEAD.

UM, OKAY, SO ONE WAS ABOUT HISTORIC, BUT, SO THIS IS NOT A HISTORIC PROPERTY, SO I, MY WHAT YOUR CLIENT IS PROPOSING IS SOUNDS FINE.

MY WORRY IS ALWAYS WHAT HAPPENS IF THEY DO DECIDE TO SELL AND WE'VE REZONED IT AND NOW IT'S COMMERCIAL, WHICH OBVIOUSLY YOU CAN'T CONTROL AND I KNOW YOU DON'T INTEND TO SELL.

UM, MY QUESTION IS, UM, THIS MAY BE OVERKILL, BUT IF IT WAS DECLARED HISTORIC LANDMARK, UM, SO THAT A FUTURE OWNER COULD NOT TEAR IT DOWN AND DO SOMETHING ELSE, IS THAT SOMETHING THAT YOU WOULD CONSIDER? I MEAN LOT IF THEY WANTED TO DO A HIGHER THAN NC DEVELOPMENT, THEY'D NEED TO PIECE TOGETHER A COUPLE OF THOSE LOTS, WHICH WOULD BRING 'EM BACK HERE BEFORE, BEFORE YOU ALL ANYWAY.

THANK YOU.

UH, I, I GET THAT, THAT MAKES SENSE.

UM, TO CLARIFY, SO IT LOOKS LIKE THE LOT ACROSS THE STREET ON THE OTHER SIDE OF EDGAR, THAT'S, THAT'S A COMPLETELY VACANT LOT.

THERE'S NO STRUCTURES ON THAT, IS THAT CORRECT? LET ME USE MY LASER POINTER.

OKAY.

YOU SEEING THAT RIGHT? THIS ONE RIGHT HERE? YEAH.

I KNOW THAT I'M SEEING A ROOFTOP, BUT I KNOW THAT OUR MAPS AREN'T ALWAYS UP TO DATE AND THAT SOME OF THESE STRUCTURES IS IS THIS WHERE THE HOUSE STILL IS OR IS IT, IS IT THIS ONE? IS IT THIS LOT OR THIS LOT FROM, FROM THE STREET MAP IT LOOKS PRETTY VACANT.

SO SO RIGHT NOW SOMETHING CAN BE BUILT THERE AND I, I CAN'T SEE THAT.

IS THAT, SO THAT'S CD AS WELL, THAT CORNER LOT RIGHT HERE? YEAH.

UH, NO, JUST BEHIND IT.

THIS IS, UH, R SIX CD? YES, MA'AM.

OKAY.

OKAY, THANKS.

I JUST WANNA CLARIFY 'CAUSE I CAN'T, AND THE, THESE ARE ALL OWNED IN SOME FORM OR FASHION, UH, BY THE TRUST DEPARTMENT AT FROST BANK.

OKAY.

UH, THE, THE BENEFICIARY IN THE NICE WOMAN THAT

[00:25:01]

I, I DO NOT KNOW HER AGE, BUT SHE IS NOT MY AGE.

, I'LL SAY THAT KINDLY.

UM, THIS IS OWNED, THESE, THESE STRUCTURES ARE STILL HERE AND THEY ARE RESIDENTIAL OCCUPIED.

UM, AND I THINK, I THINK THOSE HAVE BEEN TURNED IN.

THANK YOU.

MY NEXT QUESTION IS ACTUALLY FOR STAFF.

AND I KNOW I, WE PROBABLY ASKED THIS BEFORE, BUT REMIND ME THAT WITH THIS CHANGE, WHAT OTHER USES ARE ALLOWED WITH, WITH THIS CHANGE? UM, NEIGHBORHOOD COMMERCIAL COULD ALLOW FOR A FOOD SERVICE ESTABLISHMENT, A FURNITURE REPAIR, UPHOLSTERING LAUNDRY, AND DRY CLEANING, UH, COPY SERVICE, A DRUG STORE, MEDICAL OFFICE OR MEDICAL CLINIC FOR PHYSICAL THERAPIST, UH, PUBLIC SAFETY FACILITIES AND OR A DRUGSTORE.

AND, AND ALL OF THOSE USES WOULD NOT REQUIRE COMING BEFORE A HEARING OF ANY SORT? NO, THEY BY RIGHT.

OKAY.

THANK YOU.

I I DO ACTUALLY, I, I'VE HESITATED A LOT ABOUT THIS BECAUSE I, UM, LIVING IN A, A NEIGHBORHOOD WHERE THESE ISSUES COME UP.

UM, THERE'S A LOT OF CONCERN FROM NEIGHBORS.

UM, BUT IT SOUNDS LIKE GIVEN THAT LOCATION AND THE PROPOSED USES, UM, I WOULD SUPPORT THE APPLICANT RATHER THAN STAFF'S DECISION UNLESS SOMEBODY CAN CONVINCE ME OTHERWISE.

.

UM, SO ON THIS ONE ZONING COMMISSION THAT THEIR LAST MEETING RECOMMENDED A DENIAL WITH AN ALTERNATE RECOMMENDED RECOMMENDATION OF R SIX, CORRECT? CORRECT.

AND THEN FOR THIS MEETING, OR FOR THIS CASE, STAFF HAS ALSO RECOMMENDED DENIAL AND THEY ARE RECOMMENDING A CONDITIONAL USE OF OFFICE FOR THIS ITEM.

SO THE, UM, THE ZONING COMMISSION RECOMMENDED, UH, DENIAL WITH AN ALTERNATE RECOMMENDATION OF R SIX CD.

THE CONDITIONAL USE WOULD BE FOR A PROFESSIONAL OFFICE AND THEY'VE, THE, THE REASON FOR CD IS TO ALLOW FOR THE ZONING COMMISSION TO PLACE ADDITIONAL OR TAKE A CLOSER LOOK AND PUT ADDITIONAL, UH, RESTRICTIONS IF NEEDED.

AND IN THIS CASE, THEY DID RECOMMEND MONDAY THROUGH FRIDAY, EIGHT TO 5:00 PM UM, AND A SOLID SCREEN FENCE, UH, I BELIEVE FOR ADJACENT TO SINGLE FAMILY USES.

OKAY, THANK YOU.

SO THAT'S CONSISTENT WITH, WITH THE ALTERNATE RECOMMENDATION OF, UH, A CONDITIONAL USE FOR OFFICE ON THE ITEM WE'RE CONSIDERING HERE TODAY.

SO WHY, WHY NONE OF THAT WOULD REQUIRE THIS PLAN AMENDMENT.

SO WHY DOESN'T YOUR CLIENT WANT TO GO DOWN THAT PATH? AGAIN? IT, IT WOULD PUT ADDITIONAL RESTRICTIONS ON MY CLIENT THAT HE DOESN'T CURRENTLY HAVE, AS WAS MENTIONED, THE EIGHT TO FIVE WINDOW.

SOMETIMES YOU DO DEALS OUTSIDE OF THAT, SO MIGHT AS WELL JUST LEAVE IT AS A HOME OFFICE FOR THAT PURPOSE.

AS, AS FAR AS A FENCE, DO YOU HAVE ANY PROBLEM PUTTING UP A SOLID FENCE? ABSOLUTELY NOT.

I'M HERE TO WORK WITH YOU GUYS THERE.

HE NEEDS TO GO UP TO THE MIC OR PLEASE REPEAT WHAT HE'S SAYING OR, OKAY.

UM, I'M NOT OPPOSED TO PUTTING UP A FENCE OR ANY TYPE OF BARRIER.

I'VE BEEN DOING EVERYTHING WHAT I THOUGHT IT WAS RIGHT IN THE CHAIN OF COMMAND.

AND SO, UM, BUT TO BE ABLE TO WORK FROM EIGHT TO FIVE, I'M, I'M SURE MOST OF YOU, UH, IF YOU EVER HAVE TO GO LOOK AT A HOME, YOU HAVE TO DO IT OUTSIDE OF BUSINESS HOURS.

UM, I WOULD LOVE TO BE ABLE TO BE WITH MY FAMILY, YOU KNOW, IN THE EVENINGS AND WEEKENDS, BUT IT'S NOT REALISTIC.

UM, IT DOESN'T ALWAYS WORK THAT WAY.

LIKE YOU SAID, A LOT OF THE CLIENTS TOO ON THE RESTORATION PART, WHEN THEY WANT TO COME PICK OUT THEIR WALL TEXTURE OR PICK OUT THEIR LIGHT FIXTURES, AGAIN, THE, THE SHOWROOM ASPECT OF HOW THE PROPERTY IS USED, A LOT OF THEM ARE WORKING PEOPLE THAT CAN'T COME TO THE SHOWROOM AND, AND GO THROUGH ALL THAT UNTIL THEY'RE OUTSIDE OF WORK OR THEY'RE THERE WITH THEIR SPOUSE AND IT'S SIX O'CLOCK OR, YOU KNOW, AFTERNOON ON A SATURDAY.

SO THAT'S WHY WE, WE WANNA AVOID THE ADDITIONAL RESTRICTIONS, BUT ALSO, AGAIN, BEING ABLE TO PROCURE THE APPROVAL OF THE NEIGHBORHOOD, THEY WERE THE ONES THAT BROUGHT TO OUR ATTENTION.

IT ITS EFFECT ON BEING A NC COMMERCIAL PROPERTY, WHICH THEN WOULDN'T HIT THEM SO HARD ON THEIR PROPERTY TAXES.

SO IF IT WAS R SIX WITH CONDITIONAL USE, IT'S STILL RESIDENTIAL AND B AD STILL GETS TO MAKE ALL THESE HOMEOWNERS OVER HERE ON THE LEFT PAY MORE MONEY, MONEY.

THE ZONING COMMISSION ACTUALLY PUT THE, THE ADDITIONAL RESTRICTIONS ON WITH THE HOURS.

THAT'S, THAT'S ACTUALLY ON THEIR RECOMMENDATION TO COUNSEL.

YES SIR.

IT IS.

OKAY, THANK YOU.

I HAVE NO FURTHER QUESTIONS.

OKAY.

A FEW

[00:30:01]

FIRST, UM, I ECHO THE COMMENTS OF COMMISSIONER, UH, CARDILLO.

THANK YOU, FERNANDO, THANK YOU.

UM, TO THANK YOU FOR TAKING ON THE PROCESS AND THE COMMUNICATION LIKE Y'ALL HAVE, UH, MUCH APPRECIATED.

I THINK A LOT OF PEOPLE CAN LEARN FROM YOU ALL FROM, FROM WHAT WE SEE HERE.

UM, AND SO THANK YOU AGAIN FOR DOING THAT.

I KNOW IT'S NOT EASY, I KNOW IT'S A LOT OF TIME.

I'M GOING ABOVE AND BEYOND, BUT IT'S IMPORTANT.

UM, FIRST QUESTION I, UH, IS FOR IS FOR ROSE.

AND SO I JUST WANNA BE SURE, I KNOW Y'ALL ARE IN SUPPORT OF IT, BUT IF WE DO, UM, GO AHEAD AND, AND GO DOWN THIS ROUTE, AND THEY DO SELL, UM, THEY READ OFF THE ENTIRE LIST, LAUNDROMAT, THINGS LIKE THAT, IF THAT WERE TO HAPPEN, WOULD YOUR SUPPORT CHANGE? UM, IT, IT WOULDN'T CHANGE SO MUCH AS, AS THE FACT THAT I WANTED TO BRING SOMETHING VERY, VERY IMPORTANT UP THAT LOTS, AND THIS IS PROBABLY GONNA BE COMING YOUR WAY, SO I'M GONNA LET YOU KNOW THAT LOT RIGHT THERE THAT THIS GENTLEMAN WAS SAYING THAT, UH, THAT'S, UH, THE, THE, OH, I USE THIS.

OH, WOW.

RED, OH, OKAY.

THE AREA, ALL THIS AREA RIGHT HERE THAT HE SAYS BY FOR US IS UNDER CONTRACT.

ALL THAT'S UNDER CONTRACT.

I DON'T KNOW IF Y'ALL HAVE HEARD OR NOT, BUT THERE'S A BIG PROJECT COMING IN.

THERE'S BEEN A SIGNED CONTRACT THAT WE FOUND OUT IT'S GONNA BE QT GAS STATIONS COMING IN.

ALL THE HOMES HERE HAVE ALREADY BEEN, UM, THAT ALL THAT AREA'S GONNA BE DEVELOPED.

IT'S GONNA BE ALL COMMERCIAL.

UH, IT'S GONNA GO FROM HERE ALL THE WAY BACK UP UNTIL HERE.

SO ALL THIS IS GONNA BE COMMERCIAL.

AND AS FAR AS I KNOW, THE, THESE PEOPLE HAVE BEEN MEETING WITH THE COMMUNITY, UM, THEY HAVEN'T, THEY'VE GONE TO ONE OR TWO OF OUR MEETINGS, BUT, UH, IT'S STILL NOT FINALIZED WHAT THEY'RE GONNA BE DOING WITH THE HOUSES.

WE DON'T WANT THE HOUSES TO BE KNOCKED DOWN, BUT WE'RE GONNA SEE WHAT THEY'RE GONNA DO.

BUT RIGHT NOW, ULTI, ULTIMATELY ALL THIS RIGHT HERE IS GONNA BE COMMERCIAL AND THE MAJORITY OF THOSE OF THESE IS, IS, IS ALL VACANT RIGHT NOW.

SO THAT'S GONNA BE COM IT'S COMMERCIAL, IT'S IT, YOU KNOW.

SO, UM, THIS HOUSE, IF YOU COME DOWN, I GUESS MAYBE, UH, FURTHER DOWN THERE'S THREE MORE BUSINESSES DOWN.

THERE'S A TAX SERVICE.

UM, THERE'S ANOTHER, THERE'S TWO OR THREE, THERE'S A PAINTING BUSINESS AND THERE'S ANOTHER BUSINESS BEFORE YOU GET TO THE END OF THE STREET WHERE PERSHING'S AT.

SO THERE'S PROBABLY ABOUT THREE OR FOUR BUSINESSES ALREADY ON THAT STREET.

ONE OF THE REASONS THAT WE SO SUPPORT SUPPORTED IS BECAUSE IT'S ONE BLOCK FROM WALTERS.

IT'S NOT LIKE IN THE HEART OF THE NEIGHBORHOOD.

IT'S RIGHT THERE, ALMOST LIKE AT THE, AND THAT HAS BEEN VACANT.

THIS HAS BEEN VACANT FOR, I CAN'T REMEMBER FOR ABOUT 30 YEARS.

SO, UM, THE ONLY THING IS THAT, LIKE I SAID, WE PRETTY MUCH, UH, APPRECIATE THE FACT THAT WHEN PEOPLE COME IN TO WANNA MAKE A COMMITMENT TO THE COMMUNITY AND TO BE HONEST WITH US, AND BECAUSE WE'RE GONNA BE WATCHING ANY OF THESE PEOPLE THAT COME IN, UH, THAT SAY THEY'RE GONNA DO SOMETHING, THEY COME BACK AND NOT DO IT, WE'RE GONNA BE ON, ON 'EM LIKE A TON OF BRICKS BECAUSE I MEAN, I THINK THAT WHEN THERE'S A PARTNERSHIP AND WHEN THERE'S COMMUNICATION, UH, THERE'S GOTTA BE HONESTY AND THAT'S WHERE WE BASE OUR CASE.

THANK YOU.

CAN STAFF CONFIRM THAT WHOLE LOT THAT SHE MENTIONED WOULD BE COMMERCIAL? THERE IS CURRENTLY A ZONING REZONING CASE APPLICATION.

IT HAS NOT GONE BEFORE ZONING COMMISSION YET, AND OR THE PUBLIC PROCESS YET TO GIVE SOME, UH, POINT OF CONTEXT.

IT IS FRONTING WALTERS AND THAT IS, UM, A COMMERCIAL CORRIDOR.

SO, UM, IT'S, SO THE REAR OF IT WILL BE, UH, I GUESS ADJACENT TO THIS PROPERTY.

OKAY.

NO, I, AND THIS PROPERTY IS RIGHT OFF OF 35.

AND SO INITIALLY MY FIRST THOUGHT WOULD BE THAT THIS, THIS LAND USE WOULD BE APPROPRIATE BECAUSE OF THE LOCATION.

UM, BUT AGAIN, I JUST WANTED TO BE SURE AND CLARIFY WITH ROSE THAT, UM, IF IN FACT THAT OTHER AREA GETS, UM, A NEW LAND USE AND REZONED THAT THIS IS THE BEGINNING OF FURTHER ENCROACHMENT.

IF THIS WERE TO, UH, IF WE WERE TO APPROVE THIS AND IF COUNSEL WERE TO APPROVE THIS, UM, ONE MORE QUESTION FOR THE APPLICANT OR ACTUALLY FOR STAFF.

SO THE TIME ADJUSTMENT, UH, WOULD, WOULD ZONING OR CAN THAT ONE PIECE BE TAKEN OUT IF COUNSEL CAN MODIFY THE HOURS OF OPERATION DURING THEIR CONSIDERATION? SO RIGHT NOW, BOTH PLANNING COMMISSION AND ZONING COMMISSION ARE RECOMMENDING BODIES.

SO, UM, THERE ARE THREE TYPICAL CON CONDITIONS THAT ARE TIED WITH A RESIDENTIAL BASED ZONING DISTRICT THAT WHEN IT'S UTILIZED OR APPROVED FOR CONDITIONAL USE FOR A NON-RESIDENTIAL USE, IT'S HOURS OF OPERATIONS, UH, SUNDAY THROUGH SATURDAY, SEVEN TO SIX, UM, THAT THE EXTERIOR FEATURES, UH, NOT BE MODIFIED.

UH, SO IT STILL REMAINS RESIDENTIAL IN NATURE.

AND THE THIRD ONE WAS THE SIGN LIMITATION OF THREE SQUARE FEET.

BUT COUNCIL CAN MODIFY ANY OF THOSE CONDITIONS TO ALLOW A LARGER SIGN, UH, TO ALLOW MODIFIED HOURS OF OPERATION, UM, AND THEY CAN ADD MORE CONDITIONS

[00:35:01]

SO MY QUESTION FOR THE APPLICANT IS IF TIME WAS REMOVED FROM THAT, WOULD EVERYTHING ELSE LISTED WITH ITS CURRENT LAND USE BE APPROPRIATE? AND WOULD YOU ALL LIKE TO MOVE FORWARD? NO, AND THAT'S BECAUSE WE GAVE OUR WORD TO THE OWNER OCCUPIED RESIDENTIAL.

AGAIN, THEY, THEY BROUGHT THE ISSUE UP THAT THIS WOULD HELP THEM WITH THE WAY THAT THEIR PROPERTY IS VALUED.

THAT'S WHERE THEY'RE FEELING THE PAIN AND THEIR WRITTEN SUPPORT WAS KIND OF CONDITIONED ON.

AND I, I'D FEEL LIKE THEY'D FEEL LIKE THEY GOT THE BAIT AND SWITCH PULLED ON 'EM IF WE WENT TO THAT AND SAID, WELL, WE GOT WHAT WE WANTED, BUT YOU DIDN'T GET WHAT YOU WANT.

BUT THANKS FOR YOUR SUPPORT ANYWAY.

SO I MEAN, WE, WE GAVE OUR WORD, WE WANNA HONOR IT TO THEM.

OKAY.

NO FURTHER QUESTIONS.

THANK YOU.

THANK YOU.

UM, MY QUESTION IS FOR STAFF AT THE BIG PICTURE, IT LOOKS LIKE THE, THERE'LL BE A MASSIVE, UH, CHANGE ACROSS THE STREET AND WE'RE ARGUING ABOUT A SMALL PARCEL.

AND HOW SOON DO YOU EXPECT ACTION ON THE OTHER BIG PARCELS? UH, I BELIEVE THAT CASE IS SCHEDULED FOR THE NEXT ZONING COMMISSION MEETING, WHICH MEANS IT DOESN'T GO FORWARD TO COUNCIL UNTIL JANUARY.

WOW.

SO OUR RECOMMENDATION ISN'T BASED ON SPECULATIVE, UH, ZONING.

IT'S BASED ON WHAT CURRENTLY EXISTS AND WHAT'S APPROPRIATE FOR THE SURROUNDING AREA.

OKAY.

'CAUSE I REALLY, UH, LIKE WHAT THEY DID, YOU KNOW, KEEPING THE RESTORATION TO COMPLY WITH THE REST OF THE NEIGHBORHOOD, I THINK THAT'S A, THAT'S A VERY GOOD THING.

BUT I'M, I'M CONCERNED ABOUT THE PARKING ISSUES.

YOU KNOW, ARE YOU GONNA PUT UP A WHOLE BUNCH OF NO PARKING SIGNS ALONG THE STREETS WITH REGARD TO PARKING? UM, FOR PROFESSIONAL OFFICE IT'S BASED ON SQUARE FOOTAGE AND I BELIEVE IT'S ONE PER, I HAVE IT HERE, BUT, UH, PARKING FOR RESIDENTIAL BASE IS ONE PER UM, UNIT.

BUT THEN WHEN, UM, IF, IF WE WERE TO GO FORWARD WITH AN R SIX CD, THE PARKING WOULD ALSO, UM, BE IDENTIFIED ON THE SITE PLAN AND ON, ON PER B HAD THE SQUARE FOOTAGE OF THE, THE HOME IS 1404 SQUARE FEET WHEN YOU TAKE THAT, UM, THE PARKING FOR PROFESSIONAL OFFICES, ONE PER 300 SQUARE 300 SQUARE FEET.

SO 1404 DIVIDED BY 300 GIVES YOU, UM, 4.68 FOR A TOTAL OF FIVE SPACES FOR COMMERCIAL NEIGHBORHOOD COMMERCIAL.

PLUS I WOULD ASK THE APPLICANT HOW MUCH IS, HOW MANY, HOW, HOW MANY PEOPLE IN HIS STAFF WOULD THEY TAKE UP ALL THE PARKING STUFF.

I'LL TELL YOU, WE, THERE'S TWO DIFFERENT PLANS YOU COULD DO JUST FROM A PRACTICAL MATTER ON THE MAP.

YOU COULD DO THREE OFF STREET PARKING SPACES, WHICH WOULD BE A BIG CURB CUT.

AND THE PROBLEM IS A REALLY EXPENSIVE FENCE, UH, WASN'T EXPENSIVE TO BUILD, KIND OF CAME WITH THE PLACE.

IT WAS EXPENSIVE TO RESTORE IS RIGHT HERE.

SO THERE'S A LITTLE BIT OF PAIN FELT WITH THE IDEA OF JUST THREE DIRECT OFF STREET SPACES THERE.

'CAUSE YOU'D CUT INTO THAT NICE BIG STUCCO FENCE.

THE OTHER IDEA IS A SINGLE DRIVEWAY IN, AND THEN SPACES THAT GO KIND OF NORTH TO SOUTH, YOU CAN FIT ABOUT THREE RIGHT THERE.

BUT I MEAN THERE, THERE NEEDS TO BE SOME, UM, PERVIOUS GROUND COVER I E GRASS FOR DRAINAGE PURPOSES.

THERE'S A SLIGHT DOWNHILL SLOPE THIS WAY.

AND IT, AGAIN, I'VE GOT A CLIENT THAT UNDERSTANDS DRAINAGE AND PIER AND BEAM FOUNDATIONS.

SO THIS PART OF THE PROPERTY NEEDS TO BE LANDSCAPING JUST FOR DRAINAGE AND THE STRUCTURAL INTEGRITY OF THE PROPERTY.

HE JUST SPENT A BUNCH OF MONEY FIXING UP.

BUT THAT MIGHT BE MUSIC TO, UH, MS. MCGEE'S EARS BECAUSE THAT'S WHERE WE'RE TALKING ABOUT PUTTING A BIG FENCE AND BIG TREES AND RED NIAS ANYWAY ON THE LANDSCAPING.

SO PROBABLY ABOUT THREE OR FOUR SPOTS.

THERE ARE MY MEASUREMENTS TO, TO OFF.

YEAH.

SO THAT WE DON'T HAVE TO GET RID OF THE FENCE.

ANOTHER POINT SOMEONE SAID, SOMEONE ONCE SAID A PAGE OF HISTORY IS WORTH A VOLUME OF LOGIC ZONING, COMMISSION RECOMMEND DENIAL.

BUT THAT'S PARTIALLY MY FAULT BECAUSE I DOUBLE BOOKED THE AFTERNOON AND I SENT SOMEONE ELSE FROM MY OFFICE WHO HAD ABOUT 15 MINUTES TO STUDY THIS AND MAKE THE CASE TO THE ZONING BOARD.

AND THEY, THEY DID NOT HEAR ALL OF THE INFORMATION OR THE EXTENT OF THE INFORMATION THAT WE HAD THE OPPORTUNITY TO PRESENT TO YOU ALL ON THAT.

MAYBE THE OUTCOME WOULD'VE BEEN DIFFERENT IF THEY HAD.

THANK YOU.

THAT'S ALL MY QUESTIONS.

I HAVE A COUPLE OF QUESTIONS.

UM, WHEN I WAS JUST WONDERING WHO IF, IF STAFF OR IF THE APPLICANT KNOWS WHO OWNS THAT BUFFER PROPERTY BEHIND THIS

[00:40:01]

OBJECT MARK, PLEASE APPROACH PODIUM.

SO THIS OWNER OWNS THIS PROPERTY ALSO.

OKAY.

SHE SAYS OKAY, SHE DID ONE, I'VE GOT A COPY OF ALL THE FORMS HERE.

I GUESS SHE DID ONE FORM FOR BOTH ADDRESSES.

IS THAT MS. MARTINEZ? YES, THAT'S CORRECT.

NO NUMBER OR IS THAT ARIAGA PEREZ, YEAH, MS. PEREZ.

OKAY.

HERE'S HER SUPPORT FORM RIGHT HERE.

I GUESS SHE JUST DID THE PROPERTY SHE OCCUPIES AND NOT BOTH PLATTED LOTS.

OKAY.

THANK YOU.

UH, I GOT A QUESTION FOR STAFF.

SO IF, IF THE APPLICANT'S REQUEST WAS GRANTED AND THEY WOULD HAVE, SO THEY WOULD, THEY WOULD HAVE TO DO THE FIVE PARKING SPOTS, IS THAT CORRECT? IT WOULD BE FIVE 4.6 H WOULD WE ROUND UP TO FIVE PARKING SPACES.

OKAY.

AND THEY WOULD HAVE TO CONFIGURE THEIR PROPERTY TO MAKE FIVE SPOTS HAPPEN.

UM, THERE'S NO SITE PLAN REQUIRED WHEN, IF IT'S GOING COMPLETELY TO, UM, UH, NEIGHBORHOOD COMMERCIAL.

OKAY.

BUT THAT WOULD BE ADDRESSED IN THE PERMITTING PROCESS.

OKAY.

AND AS A LOGISTICAL MATTER, THE OLD, UM, THIS SIDE WAS FOR A DRIVEWAY FROM THIS STREET.

I MEAN, THE HOUSE WAS BUILT IN THE TWENTIES BEFORE 35 EXISTED.

SO YOU COULD DO LIKE A TANDEM CONCEPT WITH ONE CAR HERE, ONE CAR HERE, AND THEN 1, 2, 3 TO LEAVE THIS OPEN IF THERE WAS A REQUIREMENT.

OH, SO THERE WAS A REQUIREMENT FOR FIVE SPACES.

CODE DOES NOT ALLOW, UH, STACKED PARKING.

UH, SO IT, AGAIN, THE, YOUR PROPOSED PARKING PLAN, IF ZONED, DEPENDING UPON YOUR USE, UH, WOULD THEN BE REVIEWED AT THE PERMIT STAGE.

UH, THERE ARE WAYS IN WHICH TO, UM, ADDRESS IF YOU DON'T MEET THE MINIMUM OFF STREET PARKING REQUIREMENTS, EITHER THROUGH A COOPERATIVE PARKING PLAN OR THROUGH A PARKING WAIVER WITH THE BOARD OF ADJUSTMENT.

OKAY.

UM, MY QUESTIONS WERE PRETTY MUCH, UH, ASKED AND ANSWERED BY MY FELLOW COMMISSIONERS.

SO AT THIS POINT IN TIME, DO ANY OTHER COMMISSIONERS HAVE ANY ADDITIONAL QUESTIONS OR COMMENTS? I JUST WANNA THROW SOMETHING IN ABOUT THE PARKING.

WOULD IT BE POSSIBLE I TO, UM, RENT SPACE FROM THAT PROPERTY RIGHT BEHIND YOU TO ADD IN PARKING THROUGH THERE? IT WOULD HAVE TO BE ZONED FOR IT FIRST.

RIGHT.

AND THEN, UM, AND THEN WE WOULD REVIEW THAT BASED ON, UH, THE ZONING.

IT, IT SEEMS LIKE TRYING TO GET TWO MORE PARKING SPACES SHOULD NOT BE A DEAL BREAKER, I WOULD THINK.

AND MY ADVICE TO MY CLIENT WOULD BE TO SEE IF, IF WE HAD TO GET AN ADJUSTMENT FOR, I DON'T KNOW WHAT YOU CALL 'EM, BUT THEY'RE LIKE A GRID CONCRETE THING WHERE DRAINAGE CAN STILL GO THROUGH, BUT YOU CAN STILL PARK A CAR THERE AND IT'S SORT OF A LAWN CONCEPT.

THAT WOULD PROBABLY BE THE WAY TO COMPROMISE ON GETTING THE NUMBER OF SPOTS THERE WITHOUT PAVING THE WHOLE THING.

AND MY GUESS IS YOU'RE NOT GOING TO NEED THAT MUCH MORE SPACE FOR CARS BECAUSE I REAL ESTATE OFFICES DON'T TEND TO HAVE A LOT OF TRAFFIC COMING AND GOING AT ALL, ALL THE TIME.

RIGHT.

IT'S GONNA BE ONE OR TWO CLIENTS AT A TIME.

HE WANTS HIS AGENTS OUT SHOWING PROPERTIES FOR SALE, NOT HANGING AROUND THE OFFICE.

SO YOU'RE NOT GONNA, IT'S NOT LIKE A, A SHOP WHERE THERE'S GONNA BE PEOPLE COMING IN AND OUT ALL THE TIME, RIGHT? THAT'S CORRECT.

OKAY.

IT'S, IT'S A, LIKE ON THE RESTORATION SIDE, IT'S A APPOINTMENT ONLY.

THEY GO OVER, LIKE I SAID, WHAT COLORS YOU WANT, WHAT GRANITE COUNTERTOPS YOU WANT.

OKAY.

AND THAT KIND OF THING.

SO THERE'S NOT GONNA BE AN ONSLAUGHT OF, OF THE NEED FOR ON-STREET PARKING AND BLOCKING TRAFFIC AND ALL THAT SORT OF THING ON THE NEIGHBORHOOD STREETS, RIGHT? THAT'S CORRECT.

OKAY.

THANK YOU.

I HAVE ANOTHER QUESTION.

THIS IS FOR STAFF.

DID WE EVER GET, UH, CLARIFICATION, UM, THE STREET NUMBER ON THE, THE STREET SAYS 25 39, BUT IT'S ACTUALLY 25 43 I 35 ON THE ACTUAL USE OF THAT PROPERTY.

I'M SORRY, WHAT, WHAT'S THE QUESTION RELATED TO THE ADDRESS SCENE? UH, SO LAST TIME WE WERE DISCUSSING WHETHER THAT WAS ACTUALLY A RESIDENCE OR A BUSINESS, UM, AT THAT, I GUESS IF YOU PULL UP THE GOOGLE MAPS, IT'S THE, IT'S THE HOUSE, UM, 25 43.

ON THE ZONING MAP, IT SAYS THAT IT'S R SIX, BUT, UM, IF YOU GOOGLE THE ADDRESS, NOT THE 25 43, BUT THE 25 39 POSTED ON, UM, THE FENCE THERE, IT SHOWS, UM, TOWING AND TAXES.

UM, I THINK WE WERE INVESTIGATING THAT TO SEE IF IT WAS A NON-CONFORMING USE OR IF IT WAS, UM, OPERATING,

[00:45:01]

OKAY.

ARE THERE ANY OTHER FURTHER, UH, COMMISSIONER QUESTIONS OR COMMENTS? THERE BEING NONE AT THIS POINT, WE'LL ENTERTAIN A MOTION.

I DON'T KNOW HOW TO WORD THIS RIGHT.

SO YOU HAVE TO HELP ME.

I WANT A MOTION TO SUPPORT THE APPLICANT AND AGAINST THE STAFF RECOMMENDATION.

SO IT'S JUST MOTION TO APPROVE.

MOTION TO APPROVE.

OKAY.

YES.

A MOTION TO APPROVE THE APPLICANT APPLICANT'S REQUEST REQUEST.

SECOND, WE HAVE A MOTION FROM COMMISSIONER ROYAL EGR AND A SECOND FROM COMMISSIONER CARILLO.