* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:23] GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS JOY MCGEE, AND I AM THE CHAIRWOMAN OF THE ZONING COMMISSION OF THE CITY OF SAN ANTONIO, AS WELL AS THE DISTRICT THREE ZONING COMMISSIONER. I HEREBY CALL THIS REGULARLY NOTICE MEETING OF THE CITY OF SAN ANTONIO ZONING COMMISSION INTO SESSION. [Roll Call] I'D LIKE TO DO ROLL CALL PLEASE, BY ALLOWING THE ZONING COMMISSIONERS TO INTRODUCE THEMSELVES, STARTING WITH THE COMMISSIONER ON MY FAR LEFT , DISTRICT SIX , DISTRICT FOUR, SUMMER GRADE HOUSE DISTRICT ONE. WELL, HAPPY HOLIDAYS, PA PATRICIA GIBBONS, DISTRICT NINE, MARK WHITE, DISTRICT 10. ROB SIPES, DISTRICT SEVEN, FRANCINE ROMERO, DISTRICT EIGHT. JOE MCDANIEL MAYOR. STAFF IS A QUORUM PRESENT. QUORUM IS PRESENT. THANK YOU. WOULD EVERYONE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? OKAY. UM, PRIOR, UH, TO COMMENCING OUR MEETING, UH, STAFF, WOULD YOU PLEASE REVIEW OUR MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE. BEFORE I BEGIN, PLEASE MAKE SURE TO TURN YOUR PHONES ON VIBRATE OR TURN THEM OFF. THE ZONING COMMISSION IS AN 11 MEMBER BODY APPOINTED BY THE CITY COUNCIL TO MAKE RECOMMENDATIONS ON ZONING CASES UPON RECEIVING A RECOMMENDATION FROM THE COMMISSION, YOU HAVE SIX MONTHS FROM THE DATE OF THE COMMISSION'S RECOMMENDATION TO FORGE YOUR CASE TO CITY COUNCIL. IF YOU HAVE ANY QUESTIONS REGARDING THIS PROCEDURE, PLEASE CONTACT YOUR CASE MANAGER. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR REZONING AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE COMMISSION, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED REZONING. YOU'LL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU'LL HEAR THIS WHEN THERE ARE 30 SECONDS LEFT, YOU'LL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR THREE MINUTES ARE UP. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS. THANK YOU, MADAM CHAIR. THANK YOU. UM, COULD WE PLEASE GO OVER THE ITEMS THAT HAVE BEEN EITHER POSTPONED, UH, PULLED OR WITHDRAWN, PLEASE? YES, MA'AM. THERE ARE THREE ITEMS ON OUR POSTPONED OR WITHDRAWN AGENDA. THOSE ARE NUMBER ONE, NUMBER FIVE, AND NUMBER SIX. NUMBER ONE WAS WITHDRAWN AND WE'LL HAVE TO REAPPLY IF THEY INTEND TO REZONE, UH, NUMBERS FIVE AND SIX ON, UM, MAGNOLIA AVENUE. THOSE ARE POSTPONED AND WE'LL COME BACK AT A LATER DATE, BUT NEW NOTIFICATION WILL BE SENT OUT. THANK YOU. SO IF ANYONE IS IN THE AUDIENCE AND YOU'RE HERE FOR ONE OF THESE CASES, WE WILL NOT BE HEARING THESE CASES, UH, TODAY. [Items 7, 9, 13, 16, 18, 19 & 21] ALL RIGHT. WELL, IF YOU WOULD PLEASE LET'S, UM, BEGIN OUR COMBINED HEARING ITEM NUMBER ONE. YES MA'AM. I JUST NEED SOME CLARIFICATION FROM SOME OUR OF OUR GUESTS IN THE AUDIENCE. UM, MR. IVAN, ARE YOU HERE TO SPEAK IN SUPPORT OR OPPOSED TO CASE NUMBER 2 93, WHICH IS ITEM NUMBER 19? CAN, CAN YOU COME UP, CAN YOU COME IN OVER HERE? ALSO, I NEED TO KNOW, UM, JACQUELINE MITCHELL, RUSSELL BOLT, AND JAMES BRYAN, WHAT ITEM NUMBER ARE YOU HERE FOR? YOU'RE MS. MITCHELL? YES. OKAY. [00:07:15] OKAY. ALRIGHT, MICHAEL, SO IF YOU CAN MAKE THAT LARGE SO EVERYBODY CAN LOOK AT IT. THESE ITEMS ARE REMAINING ON THE CONSENT AGENDA, SO THAT MEANS THAT I'M GONNA READ EACH ITEM INTO, FOR THE RECORD TO BE CONSIDERED IN ONE FELL SWOOP FOR RECOMMENDATION. OKAY. ITEM NUMBER SEVEN, A REQUEST TO REZONE FROM R SIX A H O D TO I D Z ONE A H O D FOR TWO RESIDENTIAL UNITS LOCATED AT 1821 NORTH OLIVE STREET. THERE WERE 36 NOTICES RECEIVED. NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION, ALTHOUGH MS. HILL IS HERE IN SUPPORT. ITEM NUMBER NINE, TO REZONE FROM I D Z H A H O D TO I D Z TWO H A H O D TO ALLOW FOR SIX SINGLE FAMILY HOMES ON THE NORTH, 92.5 FEET OF LOT 13 AND 14. LOCATED AT 9 0 9 NORTH HACKBERRY STREET. THERE WERE 26 NOTICES MAILED SIX RECEIVED IN FAVOR, TWO IN OPPOSITION. DITY HILL NEIGHBORHOOD ASSOCIATION IS OPPOSED, AND TWO, OUTSIDE OF THE NOTIFICATION AREA ARE IN SUPPORT. ITEM NUMBER 13, TO REZONE FROM RMM FOUR H A H O D TO RMM FOUR C D H A H O D WITH A CONDITIONAL USE FOR A PROFESSIONAL OFFICE LOCATED AT 1512 EAST HOUSTON STREET. THERE WERE 34 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM DIGNITY HILL NEIGHBORHOOD ASSOCIATION. ITEM NUMBER 16 TO REZONE FROM I D Z DN RIO. TWO U C TWO A H O D TO I DZ. THREE DN RIO TWO UC, TWO A H O D WITH USES PERMITTED IN C THREE AND OH TWO LOCATED AT 1900 BROADWAY STREET, THERE WERE 26 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE OPPOSED, AND NO RESPONSE FROM GOVERNMENT HILL ALLIANCE. ITEM NUMBER 18 TO REZONE FROM I ONE I H ONE A H O D TO C THREE I H ONE A H O D LOCATED AT 1 1 4 0 7 WAYLAND WAY, THERE WERE EIGHT NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION. ITEM NUMBER 19, TO REZONED FROM R FOUR A H O D TO C ONE S A H O D WITH SPECIFIC USE AUTHORIZATION FOR A PARKING LOT NON-COMMERCIAL. LOCATED [00:10:01] AT 1443 WEST A HILDEBRAND AVENUE. THERE WERE 34 NOTICES MAILED, ONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. ITEM NUMBER 21 TO REZONED FROM I ONE M O D TWO M L R ONE A H O D TO C TWO M O D TWO ML R ONE A H O D, LOCATED AT 1232 SOUTH GENERAL MCMULLEN DRIVE. THERE WERE 26 NOTICES MAILED, ONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM WESTWOOD SQUARE NEIGHBORHOOD ASSOCIATION. MADAM CHAIR, I DO HAVE SOME INDIVIDUALS SIGNED UP TO SPEAK IN FAVOR. OKAY, MAY WE HAVE THOSE INDIVIDUALS PLEASE? MAY YOU CALL THEM PLEASE MS. HILL, DID YOU WANNA SPEAK ON ITEM NUMBER SEVEN AFTER ALL? OKAY, SHE'S GONNA PASS ON THAT ONE. ITEM NUMBER 13. MR. AVILA, DID YOU WANNA SPEAK ON YOUR ITEM ALSO A PASS? OKAY. AND THAT IS ALL I HAVE, MA'AM. THANK YOU. UM, THE FLOOR IS OPEN FOR A MOTION. MADAM CHAIR, I'D LIKE TO MAKE A MOTION FOR APPROVAL OF THE FOLLOWING ITEMS. ITEM NUMBER SEVEN, NUMBER NINE, NUMBER 13. NUMBER 16. NUMBER 18, NUMBER 19, AND NUMBER 21 SECOND. WE HAVE A MOTION FOR APPROVAL WITH A SECOND ON THE FLOOR ON, UM, ROLL CALL. VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. OKAY. WE ARE MOVING ON TO OUR COMBINED HEARING, UH, NUMBER TWO, AND JUST TO HELP CLARIFY FOR THOSE IN THE AUDIENCE, THOSE ITEMS WERE JUST RECOMMENDED FOR APPROVAL. SO THOSE WILL BE SCHEDULED FOR COUNSEL. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CASE MANAGER. YOU'RE WELCOME TO STAY FOR THE REST OF THE MEETING OR YOU'RE, YOU'RE WELCOME TO GO AHEAD AND ENJOY YOUR DAY. THANK YOU. [2. 19-8789 ZONING CASE Z-2019-10700307 CD S ERZD (Council District 10): A request for a change in zoning from "C-2 ERZD" Commercial Edwards Recharge Zone District to "C-2 CD S ERZD" Commercial Edwards Recharge Zone District with Conditional Use and Specific Use Authorization for Outside Storage on 3.439 acres out of NCB 17338, located at 17115 Redland Road. Staff recommends Approval. (Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department).] ALRIGHT, ITEM NUMBER TWO IS OUR FIRST CONSIDERATION FOR THE COMBINED HEARING. TWO. THESE ARE CONTINUANCES. ITEM NUMBER TWO IS A REQUEST TO REZONE FROM C TWO E R E R Z D TO C TWO C D SS E R Z D WITH A CONDITIONAL USE IN SPECIFIC USE AUTHORIZATION FOR OUTSIDE STORAGE. THERE WERE SEVEN NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION. A CONTINUANCE IS REQUESTED TO DECEMBER THE 17TH. MADAM CHAIR, DID YOU WANNA CONSIDER ALL OF, UM, ACTUALLY, UH, NO. I THINK WE BETTER, UH, DO THEM INDIVIDUALLY, SO, OKAY. SO FOR, UH, THIS ONE. SO, COMMISSIONER, UH, KAMATH, ITEM NUMBER TWO? COMMISSIONER WHITE. COMMISSIONER WHITE. YEAH, I'M, I'M JUST GONNA MAKE A MOTION TO, UH, CONTINUE ITEM NUMBER TWO UNTIL DECEMBER 17TH. SECOND. OKAY. WE HAVE A MOTION, UM, ON THE FLOOR FOR CONTINUANCE WITH A SECOND. UM, ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMMISSIONER WHITE. YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. [4. 19-8380 (Continued from 11/05/19) ZONING CASE Z-2019-10700225 (Council District 7): A request for a change in zoning from "R-5 MLOD-2 MLR-2 AHOD" Residential Single-Family Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District to "RM-5 MLOD-2 MLR-2 AHOD" Residential Mixed Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District on Lot 19, Block 4, NCB 13450, located at 5403 San Benito Drive. Staff recommends Denial. (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)] ALRIGHT. ITEM NUMBER FOUR. ALSO A CONTINUANCE IS A REQUEST TO CHANGE FROM R FOUR WITH ALL OVERLAYS REMAINING THE SAME TO RMM FIVE. ALL OVERLAYS REMAINING THE SAME. LOCATED AT 54 0 3 SAN BENITO DRIVE. THERE WERE 40 NOTICES MAILED. TWO WERE RECEIVED IN OPPOSITION. [00:15:01] NONE IN FAVOR AND NO RESPONSE FROM COLLIBRA NEIGHBORHOOD ASSOCIATION. THE CONTINUANCE REQUESTED IS TO JANUARY THE 21ST. THANK YOU. COMMISSIONER SIPES? YES. I'D LIKE TO MAKE A MOTION FOR CONTINUANCE FOR ITEM NUMBER FOUR TO THE JANUARY 21ST MEETING. SECOND. OKAY. WE HAVE A MOTION FOR CONTINUANCE ON THE FLOOR WITH A SECOND. ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMMISSIONER SIPES? YES. COMMISSIONER WHITE? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. [8. 19-8798 ZONING CASE Z-2019-10700250 CD (Council District 5): A request for a change in zoning from "I-1 AHOD" General Industrial Airport Hazard Overlay District to "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for Auto and Light Truck and Oversize Vehicle Sales and Storage (Full Service) on Lot 2 and the south 67.6 feet of Lot 1, Block 2, NCB 2307, located at 1406 West Commerce Street. Staff recommends Approval. (Michael Pepe, Planner, 210-207-8208, Michael.Pepe@sanantonio.gov, Development Services Department)] ALRIGHT, ITEM NUMBER EIGHT IS A REQUEST TO REZONE FROM I ONE A H O D TO C TWO C D A H O D WITH CONDITIONAL USE FOR AUTO AND LIGHT TRUCK AND OVERSIZED VEHICLE SALES AND FULL S UH, AND STORAGE FULL SERVICE. LOCATED AT 1406 WEST COMMERCE STREET, THERE WERE 34 NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, NO RESPONSE FROM THE HISTORIC WEST SIDE NEIGHBORHOOD ASSOCIATION OR PROSPECT HILL NEIGHBORHOOD ASSOCIATION. THIS ITEM IS REQUESTED, UH, TO, FOR A CONTINUANCE FOR TWO WEEKS TO DECEMBER THE 17TH. I DO HAVE TWO INDIVIDUALS IN THE AUDIENCE SIGNED UP TO SPEAK ON THIS ITEM. UM, IN THAT CASE, WE BETTER HAVE THE APPLICANT COME, PLEASE, THE APPLICANT FOR, UH, THIS CASE. PLEASE, IF YOU JUST WANNA TELL US A LITTLE BIT ABOUT YOUR CASE, AND IF YOU'RE WANTING TO DO A CONTINUANCE, THAT'S FINE AS, AND, UH, THEY'VE ALREADY MENTIONED THE CONTINUANCE, BUT IF YOU JUST WANNA MENTION A LITTLE BIT ABOUT YOUR CASE AND MM-HMM. COMMISSIONER, UH, BUSANTE ASKED THAT THIS ITEM BE CONTINUED OKAY. TO 1217. UM, AND WE JUST SPOKE TO THE APPLICANT RIGHT BEFORE THE MEETING. OKAY. SO, OKAY. SO HE'S NOT READY, BUT WE STILL HAVE PEOPLE WHO ARE SIGNED UP TO SPEAK, SO I JUST DIDN'T WANT THE APPLICANT NOT TO SPEAK IF WE HAVE OTHER PEOPLE SIGNED UP TO SPEAK, BUT, OKAY. SO, UM, THAT'S FINE. UM, I MIGHT, WE MIGHT CALL YOU BACK UP, SO IF YOU'LL STAY, UH, NEARBY. THANK YOU. ALL RIGHT. UM, WHO SIGNED UP TO SPEAK? SAUL ACEVEDO AND I? EGO MENDOZA? YES, PLEASE. OKAY. ONCE AGAIN, THANK YOU, UH, FOR LETTING ME SPEAK BEFORE YOU. UM, I WAS OUT OF TOWN, SO I DIDN'T GET TO MAIL IN MY OPPOSITION TO THIS ITEM. UM, I OWN TWO PROPERTIES WITHIN THAT ZONE. UM, I'M AGAINST THIS, UM, CHANGE FOR THE FOLLOWING REASONS. ONE, THIS SUMMER, A GREAT THING HAPPENED THERE. UH, FOR THE FIRST TIME SINCE I'VE BEEN THERE, THE CITY INSTALLED NEW CURBS AND NEW SIDEWALKS, UH, WHICH WAS A WELCOME ADDITION. UH, SO WITH THAT CAME MORE FOOT TRAFFIC. THE ELDER ELDERLY NOW CAN, YOU KNOW, LEISURELY WALK DOWN RICHTER AVENUE, AND IF YOU SEE THE, THE PHOTOGRAPH THERE, IT'S, IT'S NOT A VERY LONG STREET. IT CONNECTS WEST COMMERCE TO BUENA VISTA. UM, I'M NOT SURE IF YOU COULD SEE THE SIDEWALKS. LOOKS LIKE THIS WAS, THE SIDEWALKS WERE INSTALLED. UH, IT LOOKS LIKE THOSE ARE THE SIDEWALKS. UH, AND AGAIN, IT INCREASED FOOT TRAFFIC. UH, THERE'S A LARGE TRUCK THERE. I DON'T KNOW IF YOU CAN SEE IT. UH, IT'S BEEN PARKED THERE UNMOVED FOR AT LEAST THREE MONTHS. UM, SOME OF THE PROPERTY OWNERS IN THE AREA ASKED MR. BRYANT IF HE COULD KINDLY REMOVE IT, BECAUSE AGAIN, THERE'S MORE FOOT TRAFFIC. IT INHIBITS VISIBILITY. UM, THAT LITTLE STREET RIGHT THERE, FELLON, THERE'S, UH, A STOP SIGN THERE AND THERE, PEOPLE WHO ARE TRAVELING EAST ON THAT STREET CANNOT SEE ONCOMING TRAFFIC COMING FROM WEST COMMERCE. AND WE'VE ASKED HIM TO KINDLY MOVE THAT TRUCK. UH, AGAIN, IT'S BEEN PARKED THERE FOR SEVERAL MONTHS. THE TAGS ARE EXPIRED. UH, THE OTHER ISSUE IS THE, THE BUSINESS. IT FACES WEST COMMERCE, BUT ALL THE ACTIVITY, AS YOU CAN SEE OCCURS ON RICHTER STREET. [00:20:01] UH, AND IT'S NOT THAT STREET IS NOT, THAT STREET IS NOT DESIGNED TO HANDLE A LOT OF TRAFFIC, ESPECIALLY IF IT'S GONNA BE REZONED FOR CONDITIONAL AUTO USE, LIGHT TRUCK AND OVERSIZED VEHICLE SALES. 30 SECONDS. UH, AGAIN, MY OPPOSITION IS FOR THE ELDERLY PEOPLE WHO NOW HAVE A NICE WALKWAY. UH, JUST INSIDE THERE, THERE'S A BUS STOP. SO YOU GET PEOPLE THAT WALK DOWN THAT STREET TO THE BUS STOP. AND I DON'T THINK THAT STREET IS DESIGNED TO HANDLE ANOTHER COMMERCIAL BUSINESS. UM, UH, THERE'S ALSO NOW THE JAIL, UH, WHERE YOU GO VISIT INMATES IS IN THE AREA. A LOT OF PEOPLE GET OFF. THAT'S THREE MINUTES, SIR. THANK YOU. IGO MENDOZA, MADAM CHAIR. I HAVE A POINT OF INFORMATION. SO WE HAVE THESE, UH, COMBINED HEARING NUMBER TWO, BUT WE'RE GETTING OPPOSITIONS ON, ON THIS CASE. I WONDER IF WE COULD MOVE IT TO INDIVIDUAL HEARING. SO IT, IT'S STILL GONNA BE FOR CONTINUOUS, WE JUST, IT'S JUST A BLOCK OF CONTINUOUS. SO WE'RE NOT, THIS IS NOT LIKE COMBINED HEARING NUMBER ONE WHERE THERE'S NO DELIBERATION. THIS IS JUST CONTINUANCE. IT'S NOT GUARANTEED THAT IT'LL BE CONTINUED. SO WE, SO THIS, THIS IS NOT THE SAME AS LIKE COMBINED HEARING NUMBER ONE, WHERE WE GENERALLY DON'T DO ANY DISCUSSION OR ANYTHING. THIS IS A DIFFERENT FORMAT. MM-HMM. ALMOST KIND OF LIKE, UH, IT'S JUST THAT THEY'RE BEING CONTINUED. SO WE'RE FOR CONSIDERATION OF THE PEOPLE IN THE AUDIENCE, RIGHT? MM-HMM. . OKAY. 10 19 GU VISTA, ONE 16 SOUTH. I HAVE LOTS NUMBER 10, 11, AND 12. MM-HMM. . I HAVE BEEN THERE FOR 45 YEARS. I HAVE NEVER HAD ANY PROBLEMS WITH ANYONE AT ALL. FIRST OF ALL, THIS PERSON HAS ABUSED, UH, MY SIDEWALK. HE HAS PARKED HIS, UH, TRUCKS ON MY SIDEWALK, AND HE HAS BROKEN MY SIDEWALK, SIDEWALK SEVERAL TIMES. AND HE HAS ALSO TRIED TO INTIMIDATE ME, TELLING ME THAT HE HAS KILLED THIS GUY AND HE HAS DONE THIS SOMETHING ELSE TO THIS OTHER GUY. SO THIS GUY IN, UH, IN ESSENCE IS A BAD ELEMENT FOR ME. HE, HIS LOT IS BEHIND MINE. , UH, WE USUALLY HAVE, HE USUALLY HAS TROUBLE WITH THE POLICE. HE HAS TROUBLE WITH HIS CLIENTS. HE ABUSES HIS CLIENTS. THERE'S PEOPLE LIVING IN FRONT OF THEIR BUSINESS, AND HE SPEAKS AND SAYS A LOT OF STUFF THAT CHILDREN SHOULD NOT BE HEARING OF. AND THERE ARE CHILDREN IN FRONT OF HIM. BUREAU, YOU CAN CHECK ME ON BETTER BUSINESS BUREAU. AND YOU CAN SEE THAT I DON'T HAVE ANY PROBLEM. IF YOU CHECK HIM, YOU WILL SEE WHO HE REALLY IS. HE CHANGES MECHANICS EVERY OTHER WEEK AND HE ACTUALLY FIRES THEM. BUT ACTUALLY IT'S BECAUSE HE DOESN'T PAY THEM. THEY GO TO, UH, TO MEET, TO ASK FOR JOBS. I DON'T THINK I HAVE MUCH TO SAY IT ACTUALLY, IT ALL DEPENDS TO YOU IF YOU REALLY WANT SOMEONE LIKE THAT IN THIS NEIGHBORHOOD. THANK YOU VERY MUCH. THAT'S ALL I CAN SAY. GRA THAT'S ALL THERE IS, MA'AM. OKAY. UM, I GUESS, UM, THE APPLICANT, IF YOU'D LIKE ANYTHING ELSE TO SAY BEFORE WE MOVE INTO THE HEARING, JUST IF WE CONTINUE IT FOR THE 17, ALLOW A COUPLE OF HOURS. UH, I DIDN'T THINK THIS WAS A LEGAL CASE, BUT [00:25:01] I KNOW WHY THEY DON'T WANT ME THERE. AND THERE'S A LOT OF POLICE REPORTS AGAINST THEM, BOTH OF THEM. AND I'LL HAVE ALL THAT EVIDENCE PRESENT AND WE CAN GO FROM THERE. THANK YOU. I SEE A, A LITTLE NON-EDUCATED PERSON BEAT A LAWYER FROM ST. MARY'S. OKAY. THANK YOU SIR. COMMISSIONER MCDANIEL? UM, YES. THANK YOU TO THE APPLICANT AND TO THE CITIZENS THAT ARE CONCERNED ABOUT THIS CASE. UM, AS COMMISSIONER BUSTAMANTE COULD NOT BE IN ATTENDANCE TODAY, I WILL FOLLOW HIS DIRECTION AND REQUEST, UH, OR MAKE A MOTION, I GUESS TO CONTINUE ITEM EIGHT TO DECEMBER 17TH. SECOND, WE HAVE A MOTION FOR CONTINUANCE AND A SECOND ON THE FLOOR. ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMMISSIONER MCDANIEL? YES. COMMISSIONER SIPES? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUI? YES. MADAM CHAIR? YES. MOTION PASSES. UH, ONE O'CLOCK. THANK YOU. [12. 19-8788 ZONING CASE Z-2019-10700282 (Council District 4): A request for a change in zoning from "NP-10 MLOD-2 MLR-1 AHOD" Neighborhood Preservation Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District to "L MLOD-2 MLR-1 AHOD" Light Industrial Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District on Lot P-51A, NCB 14567, generally located in the 9600 Block of IH 35 South. Staff recommends Approval. (Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department).] OKAY. ITEM NUMBER 12 IS A REQUEST TO REZONE FROM NP 10 TO L WITH ALL OVERLAYS REMAINING THE SAME. GENERALLY LOCATED IN THE 9,600 BLOCK OF IH 35 SOUTH. THERE WERE NINE NOTICES MAILED, NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION. THE CONTINUANCE REQUESTED IS TO JANUARY THE 21ST. AND THERE'S NO ONE SIGNED UP TO SPEAK? NO MA'AM. THE OTHER ONE WAS THE ONLY ANOMALY. OKAY. ALRIGHT. OKAY. UH, AND, UH, COMMISSIONER KAMATH, UH, I'M MAKING A MOTION FOR A CONTINUANCE OF ITEM NUMBER 12 TO JANUARY 21ST, UH, ZONING, BOARD HEARING. SECOND, WE HAVE A MOTION FOR A CONTINUANCE WITH THE SECOND ON THE FLOOR. UM, ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMMISSIONER KAMATH? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. ITEM NUMBER [14. 19-8552ZONING CASE Z-2019-10700284 (Council District 1): A request for a change in zoning from "C-3NA RIO-2 AHOD" General Commercial Nonalcoholic Sales River Improvement Overlay Airport Hazard Overlay District and "I-1 RIO-2 AHOD" General Industrial River Improvement Overlay Airport Hazard Overlay District to "IDZ-3 RIO-2 AHOD" High Intensity Infill Development Zone River Improvement Overlay Airport Hazard Overlay District with uses permitted in "C-3" General Commercial and multi-family dwelling units not to exceed 325 units on Lot 7, Lot 8, Lot 9, Lot 19, Lot 20, Lot 21, Lot 28, Lot 29, north 15 feet of Lot 20, south 15 feet of Lot 31, Lot 32, Lot 33, Lot 34, Lot 35, Lot 36, Lot 40, Lot 41, and Lot 42, Block 4, NCB 6792, located at 813 East Myrtle Street, 818 East Locust Street, 1212, and 1216-1218 E. Euclid Avenue. Staff recommends Approval. (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)] 14 IS A REQUEST TO RE RESUME FROM C THREE NA RE OH TWO A H O D AND I ONE RE OH TWO A H O D TO I D Z THREE RIO OH TWO A H O D WITH USES PERMITTED IN C THREE AND MULTI-FAMILY DWELLINGS NOT TO EXCEED 325 UNITS. LOCATED AT EIGHT 13 EAST MYRTLE. EIGHT 18 EAST LOCUST, 1212 AND 1216 TO 1218 EAST EUCLID. THERE WERE 47 NOTICES MAILED TO RECEIVED IN FAVOR? NONE IN OPPOSITION. AND TOBIN HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THE APPLICANT IS REQUESTING A CONTINUANCE TO DECEMBER THE 17TH. THANK YOU. COMMISSIONER GREATHOUSE? YES. THANK YOU. UM, I'D LIKE TO MAKE A MOTION TO REQUEST CONTINUANCE FOR ITEM NUMBER 14 TO DECEMBER 17TH. SECOND, WE HAVE A MOTION FOR CONTINUANCE ON THE FLOOR WITH A SECOND. ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. ITEM NUMBER 15 [15. 19-8553 ZONING CASE Z-2019-10700288 HL (Council District 1): A request for a change in zoning from "RM-4 AHOD" Residential Mixed Airport Hazard Overlay District to "RM-4 HL AHOD" Residential Mixed Historic Landmark Airport Hazard Overlay District on Lot 4 and Lot 5, Block 30, NCB 3036, located at 214 Lotus Avenue. Staff recommends Approval. (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)] IS A REQUEST TO REZONE FROM RMM FOUR A H O D TO RMM FOUR H L A H O D, LOCATED AT TWO 14 LOTUS AVENUE. THERE WERE 32 NOTICES MAILED ONE IN FAVOR. NONE IN OPPOSITION. IN OPPOSITION, AND NO RESPONSE FROM LAVACCA NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS REQUESTING A CONTINUANCE TO DECEMBER THE 17TH. THANK YOU. COMMISSIONER GREATHOUSE? YES. MOTION TO CONTINUE. ITEM NUMBER 15 TO DECEMBER 17TH. SECOND, WE HAVE A MOTION AND A SECOND [00:30:01] ON THE FLOOR. UM, ANY DISCUSSION? UM, ROLL CALL, VOTE PLEASE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER WHITE. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. ALRIGHT, THE FINAL ITEM [17. 19-8782 ZONING CASE Z-2019-10700291 (Council District 1): A request for a change in zoning from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "IDZ-2 AHOD" Medium Intensity Infill Development Zone Airport Hazard Overlay District with uses permitted for eighteen (18) residential units on 0.744 acres out of NCB 11882, located at 1411 East Sandalwood Lane. Staff recommends Denial with an Alternate Recommendation. (Associated Plan Amendment PA-2019-11600084) (Patricia Franco, Planner (210) 207-5876, patricia.franco@sanantonio.gov, Development Services Department).] FOR CONSIDERATION OF A CONTINUANCE IS ITEM NUMBER 17 TO REZONE FROM R FOUR R FIVE A H O D TO I D Z TWO A H O D WITH USES PERMITTED FOR 18 RESIDENTIAL UNITS. THERE WERE 41 NOTICES MAILED, NONE RECEIVED IN FAVOR, THREE RECEIVED IN OPPOSITION. NO RESPONSE FROM GOVERNMENT HILL ALLIANCE. THE APPLICANT IS REQUESTING AT CONTINUANCE TO DECEMBER THE 17TH. I JUST, I DID JUST NOTE, UM, CARLOS AND MARGARET IN THE AUDIENCE, UH, THIS ITEM IS GONNA BE CONTINUED. WOULD YOU LIKE TO SPEAK ON THIS ITEM? UM, WOULD YOU PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? THANK YOU. THANK YOU VERY MUCH. UH, MY NAME IS MARGARET . I'VE BEEN WORK, I'VE BEEN, WE HAVE BEEN LIVING AT THIS ADDRESS FOR OVER 44 YEARS, AND IT'S A RESIDENTIAL AREA AS IT WAS WHEN WE BOUGHT IT. AND NOW THEY WANT TO REZONE IT FOR BUSINESS, AS I UNDERSTAND. AND, UM, A LOT OF OUR NEIGHBORS COULDN'T MAKE IT BECAUSE THEY'RE EITHER BEDRIDDEN ILL AND CANNOT MAKE IT OVER HERE. AND, UM, UH, A LOT OF THE YOUNGER ONES ARE WORKING, SO THEY WEREN'T ABLE TO COME, BUT THEY'RE, UH, I HAD ABOUT, I WOULD SAY, ABOUT FIVE THAT ARE OPPOSING IT, BUT THEY WERE NOT ABLE TO MAKE IT TODAY. AND, UM, FIRST I WANTED TO ASK IF IT WERE TO BE, UH, UH, A HIGH DENSITY, WHAT EFFECT WOULD IT HAVE ON US THAT WE LIVE ON THE OTHER STREET ON BELFAST. SO, UM, SO WHO'S THE CASE MANAGER FOR OKAY, SO THE CASE MANAGER, YOU CAN FINISH YOUR STATEMENT AND THEN, AND THEN THE CASE MANAGER WILL GET WITH YOU AFTER YOU FINISH YOUR, UH, STATEMENT. MM-HMM. . WELL, I HAVE, UH, I HAVE BEEN, THAT, THAT WAS MY QUESTION. MM-HMM. . AND, AND THAT'S WHAT I WANTED TO, UH, SAY THAT THE IS A LOT MORE THAT HAVE BEEN, OR THAT WOULD HAVE LIKED TO BEEN HERE TODAY TO OPPOSE THANK YOU FOR BEING HERE. THANK YOU. THANK YOU VERY MUCH. THANK YOU. AND I JUST WANTED TO CLARIFY, THERE IS NO NEIGHBORHOOD ASSOCIATION FOR THIS, FOR THIS AREA, BUT WAS THAT THE LAST PERSON? YES, MA'AM. OKAY. UH, COMMISSIONER GREATHOUSE IS THE APP. THE APPLICANT IS PRESENT. NO, THEY'RE NOT PRESENT. OH, ARE, ARE THEY? OKAY. MAY WE HAVE THE APPLICANT PLEASE? HELLO, MY NAME'S RYAN MCLAREN. RANDALL MCCLARD. OH. IF YOU COULD JUST TELL US A LITTLE BIT ABOUT YOUR PROJECT AND, UM, AND THEN OF COURSE, IF YOU'RE IN AGREEMENT WITH THE CONTINUANCE. UH, YEAH. WE'RE REQUESTING A CONTINUANCE TODAY, UH, FOR A COUPLE REASONS. WE HAVE, UH, A PLANNING MEETING NEXT WEEK. WE WANTED TO DO THAT FIRST. AND SO THAT'S WHY WE WANT TO KIND OF SWAP THESE. UH, WE'VE ALSO, UH, RETAIN COUNSEL TO COME HELP US WITH THIS AND GIVE THEM A LITTLE BIT OF TIME TO REVIEW THE CASE. UM, BUT THIS IS A RESIDENTIAL, NOT A BUSINESS, UM, REQUEST FOR THE ZONING CHANGE. ALL RIGHT. THANK YOU SO MUCH. ALL RIGHT. COMMISSIONER GREATHOUSE. THANKS. SO, MOTION TO CONTINUE. ITEM NUMBER 17 TO DECEMBER 17TH. SECOND, WE HAVE A MOTION FOR CONTINUANCE ON THE FLOOR ALONG WITH A SECOND. ANY DISCUSSION? ROLL CALL, VOTE PLEASE. COMM? YES. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER [00:35:01] GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES. ALL RIGHT. WE'RE READY FOR OUR INDIVIDUAL [3. 19-8375 (Continued from 11/05/19) ZONING CASE Z-2019-10700161 (Council District 3): A request for a change in zoning from "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for a Manufactured Home Park to "MF-18 AHOD" Limited Density Multi-Family Airport Hazard Overlay District on Lot 9, Lot 10, Lot 11 and the East 25 feet of Lot 8, Block 8, NCB 7610, located at 138 Hermitage Court. Staff recommends Approval. (Associated Plan Amendment PA2019-11600042) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@SanAntonio.gov, Development Services Department)] HEARING ITEMS. ITEM NUMBER THREE. GOOD AFTERNOON COMMISSIONERS. MICHAEL PEPPY PLANNER DEVELOPMENT SERVICES. THIS IS ITEM NUMBER THREE, GENERALLY LOCATED AT 1 3 8. HERMITAGE PLACE IS A REQUEST TO CHANGE THE ZONING FROM R FOUR CD WITH A CONDITIONAL USE FOR MANUFACTURED HOME PARK TO MF 1839. NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. NONE WERE RETURNED IN FAVOR, ONE IN OPPOSITION. THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THE SONY CHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT. THANK YOU. MAY WE HAVE THE APPLICANT PLEASE? HELLO? HOW Y'ALL DOING? DO YOU HAVE ANY QUESTIONS FOR US? FOR ME? YOU WANT ME TO TELL YOU A LITTLE BIT ABOUT THE PROJECT? YES, PLEASE. MY NAME IS ROBERTO CHAVEZ AND I'M HERE ON BEHALF OF SEAN MADDOX, UH, THE OWNER OF 1 38 HERMITAGE COURT. AND, UM, SO THE PROJECT IS, WE'RE JUST TRYING TO GET A REZONING TO GET 10 UNITS INSTEAD OF SIX, I BELIEVE IS WHAT IT WAS THE, THE, UH, PLANNING COMMISSION HAD PLANNED FOR INITIALLY. I DON'T KNOW. IS THAT WHAT YOU GUYS HAVE? I GUESS ARE, ARE YOU ASKING THE STAFF ABOUT THE QUESTION? SO YOU DON'T KNOW? UH, NO, I DO NOT KNOW. I, I, BECAUSE WE WANTED TO FIND OUT IF WE COULD GO FROM THE, FROM THE, UM, R FOUR TO THE M F 18 MM-HMM. . AND SO WE DID GET A LITTLE, SOME OPPOSITION FROM THE, UH, HOMEOWNERS ASSOCIATION. WE WENT TO A MEETING THAT THEY, UH, SET UP AND WE SPOKE AT THEIR MEETING AND WE TRIED TO ANSWER SOME OF THEIR QUESTIONS AND, UH, WE'RE WAITING FOR THEM TO SET UP ANOTHER MEETING AND, AND THEY NEVER DID. SO I UNDERSTAND THAT THEY WERE EXPECTING YOU LAST WEEK AT THAT MEETING, BUT, BUT, UM, CAN, CAN WE, UM, AND THAT NOBODY CAME. SO I THINK THAT WAS THE ISSUE. THERE WAS A MEETING LAST WEEK THAT THEY WERE EXPECTING YOU AT, BUT, UM, CAN, CAN YOU ANSWER HIS QUESTION? WELL, JUST, JUST A MINUTE. JUST UHHUH , UH, THEY WERE SUPPOSED TO GIVE US SOME QUESTIONS PRIOR TO THE MEETING SO THAT WE COULD COME BACK MM-HMM. AND ANSWER THOSE QUESTIONS. MM-HMM. , THOSE QUESTIONS WERE NEVER SENT TO US. MM-HMM. . SO THERE, THEREFORE, YOU KNOW, WE DIDN'T SEE ANY REASON TO COME TO THE MEETING IF YOU DIDN'T GIVE US ANY QUESTIONS IN ADVANCE. ALL RIGHT. SO, BUT YOU HAD A QUESTION ABOUT THE R R FOUR AND MF 18. SO, UM, I GUESS WHAT, CAN YOU RE CAN YOU HELP US? OH, ARE YOU THE, CAN YOU HELP US PLEASE? MM-HMM. , CAN YOU HELP US, PLEASE? SO THE ORIGINAL REQUEST WAS FOR MF 33 THAT REQUIRED A PLAN AMENDMENT. THEY WENT TO PLAN COMMISSION AND GOT A RECOMMENDATION OF DENIAL FOR MEDIUM DENSITY RESIDENTIAL. SO THEY AMENDED THEIR REQUEST DOWN TO MF 18, WHICH WOULD, WOULD ALLOW UP TO 10 UNITS ON THAT PROPERTY. WAS THAT APPROVED AT, UH, AT PLAN? SO THE, BE IT, BECAUSE THEY AMENDED THEIR REQUEST TO M F 18, THEY DID NOT NEED A PLAN AMENDMENT, AND THEY DO NOT NEED A PLAN AMENDMENT. SO THEY'RE NOT GOING BACK TO PLAN COMMISSION. THANK YOU, MR. CHAIR. I, I APOLOGIZE FOR ONE THING. I DIDN'T MENTION THAT. I WANTED TO ASK IF, UH, SINCE WE WERE GOING FROM THE, FROM THE SIX TO THE 10 IN THE PREVIOUS PLANNING THAT YOU GUYS DID WITH THE H O A, WHAT WAS IT? DID Y'ALL HAVE 10 IN THERE OR, 'CAUSE I HAVEN'T SEEN THAT. SO INITIALLY I BELIEVE YOU, UH, THE REQUEST WAS FOR 16 UNITS BECAUSE WE'VE DECREASED THE DENSITY AND THAT WAS THE ALLOWABLE DENSITY OF UNITS AT MF 33 WITH THIS ACREAGE OF PROPERTY. SO THE EXPECTATION WAS FOR 16 UNITS, THEN NOW A REDUCTION TO 10 MAKES IT WORK WITHIN THE BOUNDS OF MF 18. GUYS, YOU GOT ANY QUESTIONS FOR ME? UM, YEAH, WE'LL, WE'LL PROBABLY HAVE QUESTIONS FOR YOU. SO IF YOU DON'T MIND JUST STICKING NEARBY PLEASE. THANK YOU SO MUCH. OKAY. THANK YOU GUYS. YES. UM, IS THERE ANYONE SIGNED UP TO SPEAK? THERE IS ONE PERSON [00:40:01] SIGNED UP TO SPEAK, UH, BRADY ALEXANDER. THANK YOU, MR. ALEXANDER. MY NAME IS BRADY ALEXANDER. I RESIDE AT 1 3 8 EAST PIRON 7 8 2 2 3. I REPRESENT THE MISSION REACH HOT WELLS NEIGHBORHOOD ASSOCIATION. AT OUR OCTOBER 29TH MEETING, MR. CHAVEZ PRESENTED INACCURATE INFORMATION, WAS UNFAMILIAR WITH SPECIFICS OF THIS PROJECT, SO WE REQUESTED THAT THEY COME BACK AND MEET WITH US LAST WEEK. UM, THE QUESTIONS WERE GOING TO BE BASED ON ACCURATE INFORMATION, NOT THE IRRELEVANT INFORMATION PRESENTED IN THE PREVIOUS ONE. APPLICANT CHOSE NOT TO PRESENT AT OUR ASSOCIATION MEETING LAST WEEK TO ANSWER QUESTIONS ABOUT PROPOSAL REGARDING THE DENSITY, ET CETERA. UM, BUT SINCE THE PROPERTY IS CURRENTLY FOR SALE SITE PLAN SPECIFICS ARE POTENTIALLY MEANINGLESS AND PATRONIZING, TWO PROPERTIES ACROSS THE STREET ARE ALSO OWNED BY THE SAME L L C. SO LOOKING INTO THE FUTURE, UM, I CAN SEE WHAT WILL POTENTIALLY HAPPEN. UH, OUR ASSOCIATION AND COMMUNITY HAS WORKED DILIGENTLY WITH THE CITY FOR THE LAST 10 YEARS TO DOWN ZONE INAPPROPRIATELY ZONED MF PROPERTIES TO THE APPROPRIATE R ZONING IN RESIDENTIAL AREAS. WE WANT TO ENSURE THAT INFILL DEVELOPMENT THAT WILL OCCUR IS APPROPRIATE OF APPROPRIATE DENSITY AND CHARACTER FOR OUR HISTORIC AREA. THIS PROPERTY IS IN CLOSE PROXIMITY TO, TO THE CASTILLO BALLROOM AND OTHER A HUNDRED PLUS YEAR OLD STRUCTURES. IT IS ON A STREET THAT USED TO BE AN ALLEY. IT IS NOT ON A MAJOR THOROUGHFARE AND IS EMBEDDED WITHIN A RESIDENTIAL AREA. MF 18 PER ACRE IS NOT URBAN LOAD DENSITY BY ANY MEASURE. UH, PERHAPS IN TOKYO IT IS, BUT NOT IN THE HOT WELLS AREA. IF IT WAS ON A MAJOR THOROUGHFARE, PRESSA OR NEW BRAUNFELS, THAT WOULD POTENTIALLY BE APPROPRIATE. BUT ONCE AGAIN, NOT WITHIN SINGLE FAMILY RESIDENTIAL AREAS. THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION WAS EXCLUDED FROM THE BROOKS REGIONAL CENTER PLAN COMMITTEE, AND OUR NAME IS NOT ON THE DOCUMENT. BECAUSE OF OUR EFFORTS IN THE PAST TO ENSURE OUR NEIGHBORHOOD'S COHESIVENESS WITH NEW CONSTRUCTION AND OUR POSITION, THE BROOKS PLAN WAS WRITTEN BY THE CITY AND CONDONED BY CITY APPOINTED COMMITTEE MEMBERS. IT IS NOT REFLECTIVE OF THE HOT WELL NEIGHBORHOOD ASSOCIATION AND THE SURROUNDING COMMUNITIES WISHES. MANY ASPECTS MAY BE APPROPRIATE FOR UNDEVELOPED LAND ON BROOKS CITY BASE AND THE STATE HOSPITAL, BUT NOT EMBEDDED WITHIN OLDER NEIGHBORHOODS. THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION IS UNILATERALLY OPPOSED TO THIS LEVEL OF DENSITY ON THIS PARTICULAR SITE. THE CURRENT ZONING IS APPROPRIATE FOR THE AREA R FOUR, WHICH WOULD ALLOW FOR SIX WHILE GIVING THE DEVELOPER AN ACCEPTABLE PROFIT MARGIN, SPECULATIVE DEVELOPERS ARE NOT GONNA GO AWAY, AND THIS IS THE FIRST TEST IN THIS AREA. I ASK YOU TO LEAVE IT AT THE SAME ZONING OR AT LEAST A CONTINUANCE UNTIL THE DEVELOPER PRESENTS ANY FURTHER INFORMATION FOR THEIR CASE. THANK YOU. THAT'S ALL THAT SIGNED IN TO SPEAK. OKAY. UM, WOULD THE APPLICANT LIKE, UH, TIME FOR RESPONSE WITH ALL DUE RESPECT TO THAT GENTLEMAN, UM, AND TO YOU GUYS? THE INFORMATION THAT WE GAVE THEM AT THE LAST MEETING WAS PRELIMINARY INFORMATION, AND WE WENT BACK AND GOT, I HAVE IT HERE. THE PLAN THAT THEY HAD ASKED FOR. HOWEVER, THE QUESTIONS THAT THEY ASKED WERE, DID WE KNOW WHAT THE FLOODING, WHAT KIND OF FLOODING WOULD OCCUR THERE? UH, THEY ASKED THINGS ABOUT RETENTION PONDS, THINGS THAT PRETEND TO FOLKS, UH, THAT ARE IN CIVIL ENGINEERING, NOT US. AND SO WE HAD SAID, CAN YOU PLEASE GIVE US SOME QUESTIONS THAT WE CAN ANSWER THAT WE CAN COME BACK TO YOU THIS WAY WE'RE NOT JUST OPERATING IN A VACUUM. BECAUSE THEY HAD A LOT OF QUESTIONS AND SOME OF 'EM WERE GOOD QUESTIONS. HOWEVER, SOME OF 'EM HAD TO DEAL WITH. DO YOU KNOW HOW MANY PEOPLE ARE GONNA LIVE IN THERE? WELL, THERE'S NO WAY WE CAN TELL THAT WE CAN'T TELL FOLKS, YOU KNOW, HOW TO LIVE THEIR LIVES. THEN THEY SAID, HOW MANY PEOPLE WILL BE PARKING IN THE STREET? THOSE ARE THE KIND OF QUESTIONS THAT WE GOT FROM THESE FOLKS. SO NOT TO DISRESPECT ANYBODY, BUT THOSE WERE SOME VERY STRANGE QUESTIONS. WE CAN'T, YOU KNOW, THERE'S NO WAY WE CAN FORECAST THAT, YOU KNOW, ANY MORE THAN THE WEATHER MAN CAN FORECAST WHAT THE WEATHER'S GONNA BE LIKE TOMORROW. SO WE ASK YOU GUYS TO PLEASE CONSIDER OUR PLAN. WE'RE NOT TRYING TO GET OVER ON ANYBODY OR UPSET ANYBODY. WE'RE JUST TRYING TO DO BUSINESS JUST LIKE THE NEXT, THE NEXT FOLKS. AND, [00:45:01] UH, SO IF THE GENTLEMAN WOULD'VE GAVE US THE QUESTIONS THAT WE HAD ASKED FOR, WE WOULD'VE GLADLY SHOWED UP. BUT WHAT ARE WE GONNA SHOW UP FOR TO GET MORE QUESTIONS LIKE, YOU KNOW, UH, YOU KNOW, WHAT, WHAT'S THE, YOU KNOW, WHAT'S THE WEATHER GONNA BE LIKE TOMORROW? AND THAT'S BASICALLY WHAT THEY WERE ASKING. SO ONCE AGAIN, WE JUST ASKED THAT IF YOU GUYS HAVE ANY QUESTIONS FOR ME, I'D BE MORE THAN HAPPY TO ANSWER. WE, WE VERY LIKELY. WELL, SO YOU MIGHT JUST STAY UP FRONT IF YOU DON'T MIND, PLEASE. OKAY, THANK YOU. OKAY. UM, MR. UH, UM, THE CASE COMMISSIONER, I WAS GETTING READY TO CALL YOU HASLET, THAT'S NOT YOUR NAME, RIGHT? ? I'M MIXING. OKAY. BUT, YOU KNOW, UM, CAN YOU TELL ME, UM, CAN YOU TELL ME THE HISTORY OF THIS PROPERTY? I SEE, UH, SEVERAL, UH, FOUNDATION, UM, PLOTS, I MEAN FOUNDATION PIECES HERE. CAN YOU TELL ME A LITTLE BIT ABOUT THE HISTORY OF THIS LAND? YEAH, SO, UM, SEVERAL YEARS AGO IT WAS ZONED FOR MULTIFAMILY 33. UM, LET ME SEE. SO IT WAS ORIGINALLY ZONED, I BELIEVE, THE R THREE APARTMENT DISTRICT, WHICH ALLOWED UP TO 33 UNITS PER ACRE. AND THEN THAT CONVERTED INTO AN MF 33 DISTRICT. SO, AND AS WAS MUCH OF THE NEIGHBORHOOD. UM, SO FOR MANY YEARS THEY OPERATED A MOBILE HOME PARK THERE. THEN THERE WAS A LARGE AREA REZONING IN 2016, I BELIEVE. AND AT THAT POINT, THEY RECEIVED THE CONDITIONAL USE FOR MOBILE HOME PARK, OR MANUFACTURED HOME PARK, EXCUSE ME. AND SO AS A RESULT, I DON'T, I DON'T KNOW EXACTLY HOW LONG THAT OPERATED, BUT THEY RECEIVED THAT IN 2016 DURING THE REZONING. SO, YOU KNOW, AT THAT POINT THERE WAS SOME MANUFACTURED HOME THERE, AND THAT'S WHY YOU'RE SEEING THOSE PAD SITES THERE. AND THAT'S WHY THEY RETAINED THE RIGHT AT THIS TIME ON THE PROPERTY TO OPERATE A MANUFACTURED HOME PARK. OKAY. THANK YOU. I THINK I HAVE SOME MORE QUESTIONS, BUT I'M GONNA OPEN IT UP JUST TO SEE IF ANY OF MY OTHER COMMISSIONERS HAVE, UH, QUESTIONS. UM, I'LL START ON MY RIGHT. ANY QUESTIONS? COMMISSIONER MCDANIEL? A QUESTION FOR STAFF, OR I UNDERSTAND THAT, THAT YOU'RE APPROVING THE DENSITY OF 10 NOW, NOT SIX, WHICH THEY WOULD NORMALLY BE ALLOWED TO DO UNDER CURRENT ZONING. IS THAT CORRECT? I, I THINK SIX, UH, IMPLIES A SCENARIO IN WHICH THEY SUBDIVIDE THE LOTS. UM, WITH R FOUR, THEY SUBDIVIDE IT SIX TIMES, POTENTIALLY 10 IS NOW ALLOWABLE WITHIN THE URBAN LOAD DENSITY RESIDENTIAL. UM, THERE'S, THERE'S OTHER MULTI-FAMILY PROPERTIES ON THE BLOCK. UM, SO AT THAT RATE, IT WAS DEFINITELY MORE APPROPRIATE THAN THE MF 33. SO. OKAY. SO HOW MANY PARKING SPACES UNDER THIS PROPOSED ZONING WOULD THEY BE REQUIRED TO HAVE? SO FOR MULTIFAMILY PROPERTY, THEY WOULD BE REQUIRED TO HAVE 1.5 PARKING SPACES PER UNIT. SO THEY COULD ESSENTIALLY CLUSTER THAT. BUT IF IT'S 10 UNITS, THEN THEY'RE REQUIRED TO HAVE 15 SPACES. AND CAN YOU SPEAK TO, I GUESS, THE HOT WELLS ASSOCIATION'S STATEMENT THAT THEY WEREN'T, THAT THEY'RE NOT INCLUDED OR THEIR, I DON'T KNOW THEIR THOUGHTS OR THEIR PREFERENCES HAVE NOT BEEN INCLUDED IT WITH THE CURRENT PLAN? I BELIEVE THAT WAS IN REFERENCE TO THE BROOKS REGIONAL PLAN AND THE SA TOMORROW COMPREHENSIVE PLAN. UM, SO I CAN'T SPEAK TO THAT NECESSARILY. I WASN'T INVOLVED IN THAT PROCESS, BUT, UM, THEY'RE JUST THE COMPREHENSIVE PLAN CATEGORIES THAT THE SA TOMORROW PLAN, UH, ADOPTED APPLY IN THIS AREA NOW BECAUSE OF THE BROOKS PLAN. SO, AND JUST TO GIVE SOME CONTEXT, THE BROOKS UM, REGIONAL CENTER PLAN TOOK ALMOST A YEAR TO, UH, ADOPT AND IT WAS A PUBLIC, UM, PROCESS, PUBLIC INPUT PROCESS WITH MANY COMMUNITY MEETINGS, UH, WHERE ANYONE FROM THE PUBLIC, UH, COULD HAVE ATTENDED AND PROVIDED INPUT INTO THAT. AND IT WAS APPROVED BY COUNCIL EARLIER THIS YEAR. OKAY. PROBABLY RIGHT AFTER THE SUMMER. CAN YOU SPEAK THEN TO LOOKING AT KIND OF THE HISTORICAL NATURE OF THE HOMES OVER THERE? WOULD THIS DEVELOPMENT BE REQUIRED TO HAVE SIMILAR DOORS FACING STREETS? I MEAN, WE'VE TALKED ABOUT THOSE THINGS WITH OTHER DEVELOPMENTS. HOW WOULD THAT PLAY OUT WITH THIS SITE? UM, IT'S, IT'S NOT IN ANY DESIGN OVERLAYS OR HISTORIC DISTRICTS, UH, AT THIS TIME. SO IT WOULD, UM, IT COULD POTENTIALLY JUST PLAY INTO THE, UM, REGULAR MULTIFAMILY PROPERTY, WHICH DOESN'T NECESSARILY HAVE TO HAVE DOORS FACING THE STREET. OKAY. UM, AND I DON'T THINK I'VE ASKED THIS BEFORE. SO WHEN WE TALK ABOUT 10 UNITS, [00:50:01] 10 UNITS CAN BE COMPOSED OF A ONE BEDROOM, A THREE BEDROOM, UM, NOT LIMITED PER THAT, RIGHT? CORRECT. SO CONCEIVABLY THEY COULD HAVE 10 UNITS OF THREE BEDROOMS, SO 30 YES MA'AM. 30 ROOMS. OKAY. ALRIGHT. THANK YOU. THANK YOU. UM, COMMISSIONER SIPES. SO THE QUESTION, SORRY, QUESTION FOR STAFF THAT IS, UM, DO YOU HAVE AN IDEA OF HOW MANY MOBILE HOMES WERE THERE ORIGINALLY? I'M TRYING TO COUNT UP THE SLABS. IT LOOKS LIKE THERE MIGHT HAVE BEEN EIGHT, NINE. IT'S HARD TO TELL. NO, I DON'T, I DON'T HAVE ANY, UH, RECORD OF THAT SPECIFICALLY. I, AND AGAIN, THE AUTHORIZATION BY THE ORDINANCE OF THE LARGE AREA REZONING AUTHORIZES A MANUFACTURED HOME PARK. IT DOESN'T SPECIFY A NUMBER OF UNITS. AND, UM, THE DEFINITION OF MANUFACTURED HOME PARK DOESN'T SPECIFY HOW MANY SPECIFICALLY EITHER. SO. OKAY. AND MY SECOND QUESTION WAS, YOU HAD MADE MENTION EARLIER ABOUT OTHER, UH, MULTIFAMILY ON THE BLOCK. CAN YOU, I'M LOOKING AT THE, THE GOOGLE MAP. I'M, I'M SEEING A LOT OF SINGLE FAMILY, SINGLE FAMILY HOMES. I'M TRYING TO FIND WHERE YOU'RE REFERENCING. WELL, THE NEIGHBORING PROPERTY IS OWNED TO R FOUR CD FOR DUPLEX, UH, FOR TWO UNITS. AND THEN YOU ALSO HAVE AN MF 33 PROPERTY ON THE BLOCK. AND THEN THE, THE REMAINDER OF THE BLOCK, I BELIEVE IS C TWO. AND IT, UH, IS OPERATED AS THAT, UH, BALLROOM. SO WHERE, WHERE IS THE I'M NOT SEEING THE MF 33. IT'S TWO LOTS OVER FROM THE PRIMARY, FROM THE RED LINE TO THE, UH, TO THE WEST. YES, SIR. SEE IT? MM-HMM. , THAT'S ALL. THANKS. ALL RIGHT. THANK YOU. UM, COMMISSIONERS ON MY LEFT. ANY QUESTIONS COM COMMISSIONER HUEY, I HAVE A QUESTION FOR THE APPLICANT, PLEASE. YES, SIR, GO AHEAD. SO SIR, HELP YOU UNDERSTAND. SO EARLIER YOU MENTIONED THAT YOU DIDN'T KNOW HOW MANY PARKING SPACES, UM, WERE REQUIRED FOR THIS PROPERTY. SO NOW THAT YOU HEARD, UM, MR. P MENTION IT WAS WHAT, 15 LOTS, I MEAN 15 PARKING SPACES. CAN YOU GIVE US AN UNDERSTANDING OF HOW YOU WOULD BE ABLE TO ACCOMMODATE THOSE 15 PARKING SPACES? WELL, THERE'S PLENTY OF SPACE IF YOU CARE TO LOOK AT THIS. SO, I MEAN, IF WE HAVE TO RE CAN I SHOW THIS TO YOU? IT'S PRETTY LOUD. I CAN GET REAL, I CAN GET AS LOUD AS THIS MIC. SO BASICALLY IN BETWEEN THE UNITS, SIR, THERE'S ACTUALLY 30 FEET. SO WE COULD ACTUALLY BRING THEM UP MORE AND GIVE, IF WE, YOU KNOW, WE COULD GIVE PLENTY OF PARKING AND THERE'LL BE A GARAGE SPACE AS WELL INSIDE THE GARAGE. THANK YOU, SIR. OH, THE OTHER THING I'D LIKE TO ADD SOMETHING REAL QUICK IF I COULD IS WE'RE WILLING TO WORK WITH THE H O A OR THE CITY OR WHOEVER TO TRY TO ACCOMMODATE SOME OF THE THINGS WITHIN REASON OF WHAT THEY WOULD LIKE TO SEE. WE'RE NOT JUST SAYING, HEY, YOU KNOW, WE WANNA COME BUILD SOMETHING HERE AND WE'RE ONLY GIVING YOU THE MINIMUM PARKING AND THINGS LIKE THAT. SO, OKAY. WE'RE, WE'RE MORE THAN WILLING. OKAY, GUYS. OKAY. ALRIGHT. THANK YOU. COMMISSIONER HUEY. THANK YOU MA'AM. UH, QUESTION FOR MR. ALEXANDER? YES, SIR. CAN YOU COME UP PLEASE? [00:55:06] I WAS WONDERING, HAD YOU SEEN THAT THE LAYOUT THAT WAS, UH, JUST PRESENTED TO US WITH THE, UH, WHAT LOOKS LIKE ENOUGH PARKING FOR THE UNITS HE WAS REQUESTING? MAY I REVIEW THAT? I WAS SITTING BACK THERE. I DID NOT HAVE PRIVY TO SEE IT IN FRONT. THANK YOU. PLEASE. THAT IS THE SAME AS THE ONE WE SAW AT THE LAST MEETING, MINUS TWO, I MEAN FOUR. THEY HAD IT SET FOR 14 AT THE PREVIOUS MEETING. UM, WE ASKED TO SEE DOCUMENTS THAT WERE RELATIVE TO WHAT IS GOING TO BE DONE AND ACCURATE, BUT THAT IS THE FIRST I HAVE SEEN OF THAT DOCUMENT. OH, DOES THAT HELP YOU UNDERSTAND? HELP ME UNDERSTAND. AND HOW MANY PARKING, UH, SPACES WERE ALLOCATED? IT, IT DOES NOT SHOW IMPERVIOUS COVER PARKING SPACES, UH, DIMENSIONS. IT'S, UM, IT'S JUST A, UM, IT'S JUST A SITE PROPOSAL WITHOUT, UM, EXACT DIMENSIONS. SO I DON'T KNOW WHAT, UM, WHERE THE PARKING IS DESIGNATED, UH, SETBACKS FROM THE STREET AREN'T ON THERE. UH, ALSO, UH, SIDEWALKS, IT, IT DOESN'T HAVE ANYTHING IN RELATIVE OTHER THAN PROPERTY LINE. THANK YOU, SIR. OKAY. UM, ANY OTHER COMMISSIONER GIBBONS, UH, TO THE APPLICANT? SO WHEN YOU COME UP TO THE MIC AND YOU INTRODUCE YOUR PROJECT, WE DON'T ALWAYS HAVE ALL OF WHAT THAT PROJECT IS ABOUT. SO I'M HAVING TO PUT PIECES OF PUZZLES TOGETHER AND YOU SORT OF LET OTHER PEOPLE SPEAK ON YOUR BEHALF, WHICH ARE IN OPPOSITION TO YOUR PROJECT. UM, AND I CAN SEE WHY IF YOU JUST NOW ARE PRESENTING A, A LARGE PRESENTATION OF WHAT YOU PLAN TO BUILD, IT CAN BE DIFFICULT FOR US TO UNDERSTAND IF THAT'S TRULY YOUR INTENT. IF YOU DIDN'T PRESENT THESE TO MEETINGS, YOU DIDN'T PRESENT IT IN ANY TYPE OF FORM HERE FOR US TODAY. SO MY QUESTION IS, UM, COULD YOU GIVE ME, YOU DO KNOW THE PARKING SPACES THAT YOU PLAN TO PUT THERE BECAUSE YOU JUST SHOWED US THAT SITE PLAN THAT HAS A NUMBER OF PARKING SPACES CORRECT? AS FAR AS WHAT WAS ON THERE? YES MA'AM. BUT, BUT AGAIN, IF WE ARE MORE THAN WILLING TO WORK, FIRST OF ALL, WE NEED, WE WILL BUILD WHATEVER YOUR REQUIREMENT IS FOR AS PER THE CITY. OKAY. SO THIS IS STILL A FLUID PROJECT? WELL, IT'S, IT'S BASICALLY WHAT THEY ASKED US FOR. I MEAN, IF, IF EVERY PLANNING WHO'S, WHO'S THEY? THE, THE COMMISSION, THE WHO? THE, THE, UH, H O A RATHER THE H O A ASKED US FOR THAT. MR. ALEXANDER? YEAH. SO WE GET, WELL THEY HAVE A WHOLE, HE, HE SAID HE DIDN'T WANNA BE BY HIMSELF. HE WOULDN'T MEET, UH, WITH US FOR LUNCH. SO I'M, I'M REFERRING TO THEM AS THE H O A 'CAUSE HE MADE IT VERY CLEAR AT THE LAST MEETING THAT IT WASN'T HIM BY HIMSELF. OKAY. AND WHEN WAS THE LAST MEETING YOU WERE AT THAT MEETING? IT WAS ONE MONTH AGO. I CAN'T REMEMBER THE EXACT DATE. I DON'T HAVE THE INFORMATION WITH ME. OKAY. 'CAUSE WE HAVE HAD THIS CASE BEFORE US FOR OVER A MONTH NOW. YES MA'AM. SO, SO YOU STEP UP TO THE MIC AND DON'T REALLY GIVE ME, I DON'T HAVE A VERY GOOD PRESENTATION OF WHAT YOU PLAN TO PUT THERE. THERE. WELL, WE CAN, EXCUSE ME. IF WE COULD PUT THE LIGHT ON THERE LIKE WE DO NOT, I'D BE MORE THAN GLAD TO DO THAT. YEAH. OKAY. UM, I COULDN'T DO THAT MA'AM. SO, UH, IF I COULD ASK MR. ALEXANDER A QUESTION AND THERE ARE SETBACKS ON THERE. HE SAID THEY WERE NOT ON THERE. HE CLEARLY STATED THEY WEREN'T ON THERE AFTER HE LOOKED AT IT. OKAY. THANK YOU. UM, WE'LL CALL YOU BACK TO THE MIC IN JUST A MINUTE. MR. ALEXANDER, DO YOU MIND, UM, TWO THINGS. SO ARE YOU OPPOSED TO THE TYPE OF DENSITY ALTOGETHER ON THIS PARTICULAR LOT? YES. UH, THE ASSOCIATION BELIEVES THAT THE CURRENT R FOUR, ALLOWING FOR SIX ON THERE, WOULD BE AN APPROPRIATE FIT IN THIS AREA AND ALSO ALLOW THE DEVELOPER TO DO A HIGH END QUALITY THAT THIS AREA DESERVES. OKAY. AND DO YOU HAVE CONFIDENCE IN THE PLANS THAT THIS PARTICULAR APPLICANT BROUGHT FORTH? THAT THAT'S WHAT YOU'RE GOING TO GET AND, AND YOU'LL BE COMFORTABLE WITH THE DENSITY OF 10? THAT'S LIKE A, A LOT OF QUESTIONS IN ONE. UH, NO. SINCE PROPERTY IS FOR SALE AT THIS CURRENT TIME, WE BELIEVE THIS IS A TOTAL SPECULATION BY A PREDATORY, UM, INVESTOR, [01:00:01] UM, OWNING THE PROPERTIES ACROSS THE, UH, STREET FROM THAT. UM, THEY WILL PROBABLY BE, UM, PETITIONED TO BE TORN DOWN. UM, WE'RE VERY CONCERNED WITH, UM, TEAR DOWNS AND THERE ARE LARGE VACANT LOTS IN THIS AREA, UH, THAT WILL BE CONSIDERED FOR INFILL. THERE IS ONE FURTHER DOWN THE STREET THAT IS CURRENTLY HAVING A SINGLE FAMILY LARGE HOME IN THERE. BUT IT IS, UH, OKAY WITH US. IT, IT DOES FIT THE AREA. UM, WE, UM, WE DON'T BELIEVE THAT, UM, THIS IS APPROPRIATE AND, UH, WE DO NOT HAVE ENOUGH INFORMATION, UM, GIVEN TO US AT THE PRESENT. UM, SO HE, TO, TO APPROVE OF, OF THIS IN ANY, ANY FORM. OKAY. DID YOU JUST HAVE ONE MEETING WITH THE DEVELOPER? WE HAD A MEETING IN OCTOBER. UM, AND OKAY. AND THEN YOU HAD ANOTHER ONE IN NOVEMBER? WE HAD ONE SCHEDULED A WEEK AGO TODAY AT WHICH WE ASKED FOR THEM TO SHOW UP WITH ACCURATE INFORMATION LIKE THIS AND, AND OTHER, SO WE COULD THEN MOVE FORWARD WITH RELEVANT QUESTIONS. SHOW UP WITH THIS, THIS INFORMATION. OH NO. OKAY. SO THAT INFORMATION WAS NOT AT THE LAST MEETING, SO YOU, THAT'S WHY YOU DON'T KNOW ANY PARKING SPACES OR SETBACKS OR TWO STORY. ONE STORY. SOUNDS LIKE THERE'S STILL A LOT OF QUESTIONS OUT THERE. YES, IT WAS A VERY VAGUE PRESENTATION. WE UNDERSTAND THAT. UH, IT WAS A PRELIMINARY, BUT WE WANTED A MORE IN DEPTH AND ACCURATE, UM, MAP AS, AS THIS IS SHOWING SOME OF IT, BUT IT DOES NOT HAVE SPECIFICS ON WHAT, LIKE WHAT YOU MENTIONED, THE PARKING, UM, CERTAIN SETBACKS, WHERE'S THE STREET, THE CURBS, THE, UH, AND, AND OTHER ISSUES. SO WE WANTED TO BASE OUR QUESTIONS ON RELEVANT, ACCURATE PLANS, NOT ON A COOKIE CUTTER PROPOSAL LIKE WE SAW AT THE LAST MEETING. ALRIGHT, THANK YOU. OKAY, THANK YOU. OKAY. UH, THE APPLICANT PLEASE. OH, I'M SORRY. WAS ANY OTHER QUESTIONS? OKAY. OH, OKAY. COMMISSIONER MCDANIEL, COUPLE MORE QUESTIONS PLEASE FOR CLARIFICATION. YES, MA'AM. SO OF THESE 10 UNITS, HOW MANY WILL BE ONE BEDROOM, TWO BEDROOM, THREE BEDROOM? THAT IS, UH, THEY'RE PROBABLY, WE'RE, WE'RE GONNA, WE WERE TRYING TO DO ALL, UH, THREE BEDROOM. 'CAUSE OBVIOUSLY THAT GIVES 'EM MORE VALUE. UM, AND UM, BASICALLY THAT WAS IT, JUST TO TRY TO DO 'EM ALL IN THAT PARTICULAR SIZE. OKAY. AND THESE ARE, UM, GONNA BE RENTAL UNITS, IS THAT CORRECT? UM, WHOEVER PURCHASES THEM. 'CAUSE IF WE, IF WE ACTUALLY END UP BEING ABLE TO DO THIS AND WE BUILD IT, WE DON'T KNOW WHAT'S GONNA HAPPEN GOING FORWARD. SOME, SOME OTHER INVESTOR MAY COME IN AND BUY THEM AND WE, WE DON'T KNOW THAT. OH, SO YOU'RE NOT COMMITTED TO THIS PROJECT YET? WE'RE COMMITTED TO BUILDING THE PROJECT IF THE OWNER GETS THIS PASSED AND HE DECIDES TO FUND IT, THE ACTUAL OWNER. AND SO THE, YOU KNOW, THAT'S JUST WHERE IT'S AT FROM, I'M, I'M THE BUILDER AND THE OWNER IS THE DEVELOPER SLASH I I HELP HIM DEVELOP. BUT SO TO ANSWER YOUR QUESTION, YOU KNOW, THAT, I MEAN, THE OTHER THING I'M TRYING TO UNDERSTAND HERE, GOING BACK TO MS. GIBBONS, AGAIN, WITH ALL DUE RESPECT, MA'AM, YOU, WE, I'M SORRY. UM, WE JUST, YOU I'LL TO STAY ON THAT. OKAY? YES, PLEASE. OKAY, GO AHEAD. SO I THINK WHAT YOU'RE SEEING HERE IS THAT THE COMMISSION IS ALSO WANTING MORE DETAILS ON THIS PROJECT AND IT STILL DOESN'T SEEM VERY WELL DEFINED. AND IT USUALLY GIVES US PAUSE BEFORE WE REZONE A PROJECT. WE DON'T TRULY FEEL LIKE WE UNDERSTAND IT BECAUSE YOU WILL BE IMPACTING THE NEIGHBORHOOD AND THAT IS SOMETHING THAT WE WOULD WANNA CONSIDER. SO THANK YOU. OKAY. COULD I ASK YOU A QUESTION? NO, NO, SIR. UM, OKAY. SO, UM, YES. SO DID YOU, WITH THE NUMBER OF UNITS THAT YOU'RE PROPOSING, THE 10 UNITS, SO YOU DON'T HAVE ANY IDEA IF IT WOULD IMPACT THE REST OF THE NEIGHBORHOOD AS FAR AS DRAINAGE IS CONCERNED. SO YOU DON'T HAVE ANYBODY IN YOUR TEAM THAT'S ABLE TO LOOK AT THAT? WE'RE, WE'RE ABLE TO DO ANYTHING YOU GUYS WANT. IF YOU TELL US WHAT YOU WANT. OKAY. SO GIVE US A FOOTPRINT THAT SAYS THIS IS WHAT WE WANT AND I WOULD LIKE TO SEE YOUR LAST APPROVAL, HOW MUCH INFORMATION THEY HAD TO GIVE YOU TO APPROVE IT. IF I COULD DO THAT, UH, CHAIR AND I GET THAT FROM SOMEBODY, MADAM CHAIR, IF I CAN, UH, RE I KNOW THAT THE QUESTION RELATED TO DRAINAGE, UH, CAME UP THAT IS TYPICALLY NOT, UM, FOR RESIDENTIAL. NO, NO, NO. WHAT I'M SAYING IS THAT, UH, THAT'S TYPICALLY NOT A, UM, STANDARD THAT IS REVIEWED DURING THE ZONING PROCESS. OKAY. THAT STANDARD IS REVIEWED DURING THE PLAT PROCESS. MM-HMM. AND, AND, UH, PROPOSED DRAINAGE HAS TO MEET CITY CODE REQUIREMENTS. OKAY. UM, BEFORE A PROJECT CAN BE BUILT. AND SO THE WAY THAT IT'S PLATTED NOW, WHETHER IT WAS SIX UNITS OR 10 UNITS, IT'S ALREADY GOT THE APPROPRIATE PLATTING IS WHAT YOU'RE SAYING. SO IT'S NOT A CONSIDERATION. NO. IF IF IT'S GONNA BE RE PLATTED, IT HAS TO MEET CITY CODE REQUIREMENTS FOR DRAINAGE MM-HMM. . SO, UM, BUT AGAIN, THAT'S GOING TO BE VETTED DURING A REPL PROCESS. AND THEN IF, IF IT DOESN'T NEED TO BE RE PLATTED, THAT'S VETTED AGAIN DURING THE BUILDING PERMIT PROCESS. MM-HMM. , BUT THE PROPOSED DRAINAGE OF THE PROPERTY HAS TO MEET CITY CODE REQUIREMENTS. [01:05:01] OKAY. ALL RIGHT. THANK YOU SO MUCH. OKAY. AND, UM, I THINK WE'VE, I THINK IT'S BEEN, WE'VE HAD A LITTLE BIT OF PROBLEMS, UH, COMMUNICATING. I BELIEVE SEVERAL EMAILS WERE SENT TO YOU SO WE COULD GET MORE INFORMATION PRIOR, UM, TO EACH TIME THAT THE, UH, CASES COME BEFORE US. SO HAVE Y'ALL NOT BEEN IN RECEIPT OF THOSE, UH, UH, REQUESTS FOR INFORMATION EMAIL SENT? AND WHAT ABOUT FROM, UH, CITY COUNCIL OR FROM, UH, I'VE SEEN, MA'AM CAN YOU GO TO THE, YOU NEED TO GO TO THE PODIUM AND STATE YOUR NAME FOR THE RECORD PLEASE. MELISSA GONZALEZ WITH PROJECT PERMITTING. UM, TO ANSWER THE QUESTION, WE DID RECEIVE ONE EMAIL FROM CITY COUNCIL WHEN WE FIRST SUBMITTED, AND THEN, UM, I BELIEVE FROM CHRIS RESPONDED, UM, LET HIM KNOW WE WERE GOING. THAT WAS PRIOR TO US COMING FOR THE EXTENSION. WE WERE GOING TO THE MEETING, BUT SINCE THEN, I, I HAVE NOT RECEIVED ANYTHING UNLESS I WENT TO A DIFFERENT EMAIL ADDRESS. OKAY. WELL, WE'LL, WE'LL HAVE TO CHECK THAT BECAUSE I HAVE MULTIPLE EMAIL ADDRESSES. UH, I MEAN EMAILS HERE, UH, REQUESTING INFORMATION. AND I BELIEVE AT THE LAST MEETING WE ALSO ASKED IF YOU COULD CONTACT, UM, MYSELF OF COURSE, BE BACK IN TOUCH WITH THE NEIGHBORHOOD ASSOCIATION AS WELL AS, UM, UH, CITY COUNCIL STAFF, BUT I DON'T THINK THAT'S HAPPENED, BUT OKAY. I APPRECIATE IT. THANK YOU SO MUCH. THANK YOU. YES, MA'AM. MM-HMM. . ALRIGHTY. WELL, UH, LET'S SEE. FOR ITEM NUMBER THREE, UM, I JUST DON'T FEEL LIKE THERE'S ENOUGH INFORMATION TO FEEL, UM, CONFIDENT ENOUGH TO, UM, MOVE FOR APPROVAL AT THIS TIME. MAYBE THINGS WILL WORK OUT, UM, BETWEEN, UH, THE NEIGHBORHOOD ASSOCIATION, THE APPLICANT, AND CITY COUNCIL PRIOR TO COUNCIL, BUT AT THIS TIME, I'M GOING TO MOVE FOR DENIAL ON ITEM NUMBER THREE. SECOND. OKAY. UM, THERE IS A MOTION FOR DENIAL ON THE FLOOR WITH A SECOND. UH, ANY DISCUSSION? UH, COMMISSIONER ROMERO? UM, I HAVE TO AGREE WITH THE APPLICANT THAT I THINK WE WERE ASKING FOR A LOT MORE INFORMATION FROM HIM THAN WE ALWAYS, THAN WE ALWAYS DO. UM, BUT THAT'S A LITTLE BIT CONCERNING. AT THE SAME TIME, IT'S TRUE THAT, UH, WE DON'T EXACTLY KNOW WHAT'S GOING TO BE BUILT HERE. UM, BUT, BUT THE INFORMATION THAT, THAT I HAVE THAT'S CONVINCING ME TO VOTE AGAINST THIS IS SIMPLY THE DENSITY. THAT'S ALL WE'RE LOOKING AT HERE. I THINK THE DENSITY IS TOO HIGH AND I THINK THE NEIGHBORHOOD ASSOCIATION MADE A, A GOOD ARGUMENT FOR THAT. AND I DON'T THINK WE NEED TO NEGOTIATE SOMETHING THAT'S GONNA WORK FOR THEM. THEY, THEY DON'T WANT THE DENSITY AND I, AND I AGREE WITH THEM, SO THAT'S WHY I SUPPORT THE DENIAL. OKAY. UM, ANY OTHER DISCUSSION? COMMISSIONER MCDANIEL? I AGREE WITH MY COLLEAGUE AND THAT PERTAINS TO MY COMMENTS EARLIER WHEN I WAS INQUIRING ABOUT THE NUMBER OF UNITS HERE AND THE FACT THAT THE APPLICANT WASN'T VERY CLEAR ON WHAT COULD BE BUILT. AND THAT ALWAYS FACTORS INTO MY DECISION. OKAY. ANY OTHER DISCUSSION? COMMISSIONERS ON MY LEFT. COMMISSIONER GREATHOUSE, I ALSO SHARE THE SAME CONCERNS AS MY FELLOW COMMISSIONERS. UM, ADDITIONALLY THE FACT THAT THIS, UM, DID JUST GO THROUGH A LARGE AREA REZONING JUST A COUPLE OF YEARS AGO, UM, WE'RE CURRENTLY GOING THROUGH SEVERAL OF THOSE IN MY DISTRICT. THAT'S A VERY LARGE OUTLAY OF RESOURCES ON THE CITY'S PART, TRYING TO GET PLANNING CORRECT, USING GOOD LAND USE, UM, THEORIES AND, UM, YOU KNOW, TRYING TO MAKE SURE THAT, THAT WE'RE MOVING THE CITY IN THE RIGHT DIRECTION. AND I DON'T THINK THAT REZONING IT FOR SOMETHING THAT'S MORE DENSE FITS WITH THE NEIGHBORHOOD. AND I THINK IT ALSO GOES AGAINST THE, UM, THE CITY'S EFFORTS JUST A COUPLE OF YEARS AGO IN THE LARGE AREA. REZONING. COMMISSIONER GIBBONS, I APPRECIATE THE HOT WELLS OR ASSOCIATION HERE. I THINK THEY ARE KEEPING A GOOD EYE ON IT. I THINK THAT, UH, WE HAVE TO LOOK AT THE DENSITY, YES, BUT WE ALSO HAVE TO LOOK AT THE PURPOSE, UH, ON THAT. HOW MUCH OF THE DENSITY IS GONNA AFFECT THE NEIGHBORHOOD. SO I THINK THE ASSOCIATION HAS THEIR FINGER ON THE RIGHT PULSE HERE, SO I'LL SUPPORT THE MOTION FOR DENIAL. IF THERE'S NO OTHER DISCUSSION, ROLL CALL, VOTE PLEASE. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. DANIEL? YES. COMMISSIONER HUEY? YES. AND MADAM CHAIR? YES. MOTION PASSES. [10. 19-8799 ZONING CASE Z-2019-10700270 (Council District 2): A request for a change in zoning from "R-6 CD MLOD-3 MLR-2" Residential Single-Family Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District with a Conditional Use for Multi-Family Dwellings not to exceed ten units per acre or a total of two (2) units to "C-2 MLOD-3 MLR-2" Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District on 2.1 acres out of NCB 1178 and NCB 1181, located at 112 Reno Street. Staff recommends Approval, pending Plan Amendment. (Associated Plan Amendment PA-2019-11600074) (Michael Pepe, Planner, 210-207-8208, Michael.Pepe@sanantonio.gov, Development Services Department)] [01:10:13] ITEM NUMBER 10, PLEASE. GOOD AFTERNOON, COMMISSIONERS. MICHAEL PEPPY PLANNER DEVELOPMENT SERVICES. THIS IS ITEM NUMBER 10, LOCATED AT 1 1 2 RENO STREET IS A REQUEST TO CHANGE THE ZONING FROM R FOUR AND R FOUR CD TO C 2 44. NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. TWO WERE RETURNED IN FAVOR, SEVEN WERE RETURNED IN OPPOSITION. THE GOVERNMENT HILL AND NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATIONS TO THE ZONING EXCHANGE REQUEST. THE PROPOSED USE IS CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT. MAY WE HAVE THE APPLICANT PLEASE? HI, GOOD AFTERNOON. ASHLEY FAIRMAN, KAUFMAN AND KILLEN 100 WEST HOUSTON STREET. A BRIEF PRESENTATION FOR YOU ALL. UM, I'M HERE TODAY ON BEHALF OF QUICKTRIP. UM, I'D LIKE TO INTRODUCE TRUITT PRETTY WITH QUICKTRIP WHO'S HERE AS WELL AS CARLOS RESENDEZ, WHO REPRESENTS, UH, ONE OF THE PROPERTY OWNERS IN THIS CASE. UM, AS MICHAEL MENTIONED, THIS IS A TWO ACRE SITE. IT'S COMPRISED OF SEVEN PARCELS WITH TWO OWNERS. IT'S CURRENTLY ZONED R SIX AND R SIX CD FOR MULTIPLE UNITS. AND WE ARE ASKING FOR C TWO, A STANDARD MIDDLE OF THE ROAD COMMERCIAL ZONING. UH, WE DO BELIEVE THAT THIS IS AN IDEAL LOCATION FOR COMMERCIAL ZONING AT THE CORNER OF A MAJOR ARTERIAL. AND THE I 35, UH, IN THE PRO PROPOSED USE IS A CONVENIENCE STORE WITH GAS SALES. AND THIS IS A LARGE AREA MAP SHOWING THE SITE. LEMME SEE. WE ARE RIGHT HERE AT THIS CORNER OF WALTERS AND 35. HERE'S NEW BRAUNFELS. HERE'S ONE OF THE MAIN ENTRANCES TO FORT SAM. AND WE'RE SURROUNDED BY FORT SAM HERE. AND WE'RE AT THE, UM, SOUTHEAST CORNER OF GOVERNMENT HILL. THE ZONING MAP, THIS IS A BETTER MAP SHOWING THE BASE, UM, AS WELL AS THE COMMERCIAL ZONING ALONG THE EAST SIDE OF WALTERS. UH, AND THERE'S ONE COMMERCIAL ZONING ALONG THE WEST SIDE, WHICH IS A RESTAURANT. AND THEN WE'RE ASKING FOR THE SAME C TWO ZONING HERE AT THE HARD CORNER. UM, HERE'S AGAIN, AN OVERVIEW OF THE PROPERTY, AND THEN HERE'S A ZOOMED IN ZONING MAP. ONE THING I DID WANNA POINT OUT ON THE ZONING MAP, IT IS A BIT CONFUSING. IT SHOWS THESE PARCELS HERE ON WALTERS AS ZONED R SIX. UM, THAT'S ACTUALLY THE WALTERS RIGHT OF WAY. THE CITY ACQUIRED IT PRIOR TO, UM, EXPANDING WALTERS TO QUITE A FEW LANES, UH, IN 2012, 2014. THIS HERE IS JUST A PICTURE OF THE INTERSECTION OF WALTERS IN 35. THIS IS THE SOUTHEAST CORNER OF THE SITE. UM, AND THEN THIS IS A PICTURE FROM THE NORTHWEST CORNER OF THE SITE. THIS IS RENO STREET. UH, THIS IS THE PROPERTY WE'RE SEEKING THE REZONING FOR. AND THEN RENO DEAD ENDS HERE, AND THEN WALTERS IS RIGHT BEHIND IT. SO HERE'S A PROPOSED ELEVATION SITE PLAN OF, OF WHAT QUICKTRIP WANTS TO DO ON THIS PROPERTY. UM, HERE WOULD BE THE MAIN CONVENIENCE STORE, THE GAS PUMPS. THERE WOULD BE THREE ACCESS POINTS TO THE SITE, UH, RIGHT IN, RIGHT OUT OFF OF WALTER'S. A WRITE IN RIGHT OUT OFF OF THE I 35 ACCESS ROAD, AND THEN A FULL ACCESS POINT ON EDGAR. THERE'S AN AERIAL VIEW OF THAT SAME SITE PLAN. UM, A FEW THINGS I DO WANNA POINT OUT ON THE PLAN. UM, WE HAVE BEEN WORKING WITH, UM, STEVE VER AND DAK COLE HERE, HERE TODAY. THEY'RE IN OPPOSITION, UM, TO THE REQUEST. AND I, I KNOW STEVE IS GOING TO SPEAK ABOUT THAT OPPOSITION. BUT IN, IN TALKING WITH THEM, WE DID COMMIT TO DOING SOME THINGS ON THE PROPERTY THAT WE THINK WOULD HELP BUFFER THE COMMERCIAL USE. UM, AND ONE OF THOSE THINGS, I'LL ALLY THEM, BUT I DID COMMIT THAT WE WOULD SUBMIT A LETTER FOR THE RECORD OUTLINING WHAT THOSE THOSE THINGS ARE. UH, SO JUST TO GO OVER THEM BRIEFLY, SOME OF THE THINGS WE'RE GONNA DO, UM, THE SIDEWALK ALONG RENO STREET IS INSUFFICIENT AT BEST. UM, SO THEY'D BE REBUILDING A FIVE FOOT SIDEWALK ALONG RENO. UM, YOU KNOW, WE'RE TRYING TO PUSH BACK THE COMMERCIAL USE AS FAR AS POSSIBLE FROM RENO STREET. SO THERE WILL BE A WALL HERE, UM, SIX TO EIGHT FEET. IDEALLY, IF WE CAN GET THE CITY TO APPROVE THE EIGHT FEET, UH, MASONRY WALL, THERE'S A 24.9 25 FEET SPACING BETWEEN THE PAVEMENT OF RENO AND THAT WALL. UH, THERE'S CONCERNS [01:15:01] ABOUT LIGHTING, SO THERE'D BE NO LIGHTING ON THIS SIDE OF THE WALL. IF THERE NEEDS TO BE LIGHTING ON THE SOUTH SIDE OF THE WALL HERE, IT WOULDN'T BE ANY TALLER THAN 12 FEET ALL SHIELDED. UH, WE ARE ALSO SUBJECT TO DOWN LIGHT DOWNWARD LIGHTING STANDARDS. SO, UH, WE DO HAVE TO HAVE THE DARK SKIES AT THIS SITE. UH, AND THERE'S CONCERN ABOUT DUMPSTER LOCATIONS, SO THAT WAS PUSHED BACK AS FAR AS POSSIBLE FROM HOMES HERE. UM, AND THEN I WILL TOUCH ALSO ON LANDSCAPING QUESTIONS HERE ALONG RENO IN JUST A SECOND. THERE'S A PROPOSED ELEVATION OF THE QUICKTRIP. IT WILL BE LIKE ANY STANDARD OTHER QUICKTRIP. YOU'VE PROBABLY BEEN TO SOME OF THE HIGHLIGHTS. IT IS IN ADDITION TO BEING CONVENIENCE STORE, THEY ALSO HAVE A FULL KITCHEN. UM, THEY DO HAVE TOP OF THE LINE SECURITY THAT WE'RE HAPPY TO ELABORATE ON IF YOU'D LIKE. AND IT ALSO IS A SAFE PLACE FOR YOUTHS AND TEENAGERS. A VIEW FROM WALTERS, AND, AND THIS I JUST WANTED TO SHOW YOU, AND IT'S A BIT BUSY, BUT IT IS A LANDSCAPE PLAN. WE ARE WORKING ON AN UPDATED LANDSCAPE PLAN, UH, TO SHARE WITH STEVE AND THE OTHER NEIGHBORS. THIS WAS THE INITIAL THOUGHTS ON THE LANDSCAPING. WE DO NEED TO PUSH THE WALL BACK. UH, THERE WERE REQUESTS FOR ZERO SCAPING ON THE NORTH SIDE OF THE WALL, SO THAT'S THE PLAN WE'RE WORKING ON NOW. UH, BUT I WANTED TO SHOW THIS BECAUSE THEY ARE PROPOSING EXTENSIVE PLANTINGS OF TREES, SHRUBS, OTHER ZERO ESCAPING MEASURES. UH, THERE ALSO WERE REQUESTS TO RETAIN TREES ON THE NORTH SIDE OF THE WALL, WHICH THEY'RE COMMITTED TO DOING AS WELL. UH, THIS IS JUST A, A SHOT OF THAT WALL VIEWING FROM RENO AND EDGAR AT THE NORTHWEST CORNER OF THE SITE. AND THEN THIS ANOTHER SHOT OF THE WALL FROM THE INTERIOR. UH, BACK TO THE SITE PLAN, REALLY QUICK, JUST KEEP IT THERE. UM, THERE ARE EXISTING HOMES ON THE SITE. UH, THEY ARE OWNED BY ONE HOMEOWNER. UM, AND HER REPRESENTATIVE CARLOS, IS HERE TODAY AND HER HAVE BEEN WORKING WITH THE TENANTS OF THOSE HOMES ON RELOCATION PACKAGES, BOTH ASSISTANCE AND FINDING A, A NEW HOME OR PURCHASING A NEW HOME, AS WELL AS MONETARY ASSISTANCE. UH, QUICKTRIP IS HELPING WITH THAT AS WELL. AND THERE WILL BE AMPLE TIME TO FIND SPACE, AND IT WOULD ONLY OBVIOUSLY BE SUBJECT TO THE REZONING BEING APPROVED AND THE SALE HAPPENING. UM, WE'VE ALSO ATTENDED MULTIPLE COMMUNITY MEETINGS. WE'VE BEEN WORKING WITH ROSE HILL AND GOVERNMENT HILL ALLIANCE AS ONE OF THOSE GROUPS. UM, LAST MONTH THEY DID VOTE IN SUPPORT OF THE REZONING REQUEST IN ROSES HILL ROSE, EXCUSE ME, IT'S HERE TODAY AS WELL. UM, WE ALSO MAILED LETTERS TO OWNERS OF PROPERTY WITHIN 200 FEET AND A LITTLE BIT BEYOND, UM, IN OCTOBER, ABOUT SIX WEEKS AGO. AND WE DID TALK WITH SOME HOMEOWNERS IN RESPONSE TO THAT. HOWEVER, I DO SEE TODAY MAYBE MORE OPPOSITION HERE THAN WE ANTICIPATED. UM, WE ALSO DON'T HAVE A DISTRICT TWO ZONING COMMISSION HERE TO HERE TODAY, WHICH I, WE ALSO DID NOT ANTICIPATE. SO, UM, IN TALKING WITH ROSE JUST A FEW MINUTES AGO, YOU KNOW, IT'S CRITICAL FOR US THAT WE HAVE COMMUNITY INVOLVEMENT. WE TALK WITH NEIGHBORS. UM, SO WHILE WE WOULD LIKE TO PROCEED TODAY, UH, AND MOVE FORWARD, AND WE HAVE CONTRACT DEADLINES, UH, WE UNDERSTAND THAT MAYBE ADDITIONAL TIME IS NEEDED TO WORK WITH SOME PEOPLE WHO HAVEN'T HEARD OUR PRESENTATION, WHO HAVEN'T BEEN AT COMMUNITY MEETINGS, UM, WHO DIDN'T RECEIVE A LETTER OR DIDN'T RESPOND. UH, SO, YOU KNOW, WE WOULD BE OPEN TO THAT CONTINUANCE AND WE'LL HAVE TO FIGURE OUT THE CONTRACT ON OUR END. THAT'LL BE OUR, OUR RESPONSIBILITY. UM, BUT WITH THAT SAID, YOU KNOW, WE'RE HAPPY TO ANSWER ANY QUESTIONS AFTER EVERYONE SPEAKS. THANK YOU. THANK YOU. UM, DANETTE COLE, FOLLOWED BY STEVE STE. HELLO. AND, UH, OUR NEIGHBOR, YOLANDA DELPHINE IS GOING TO RELEASE HER TIME OVER TO ME SO I DON'T HAVE TO READ SO QUICKLY. YOLANDA, WHAT WAS THE LAST NAME? DELPHINE. OKAY. CONFIRM. THANK YOU. OKAY. GOOD AFTERNOON. MY NAME IS DIA COLE AND MY HUSBAND STEVE STE. AND I LIVE AT 1 0 5 RENO STREET. RIGHT THERE. IF QUICKTRIP SUCCEEDS IN GETTING YOUR APPROVAL, THE PLANNING COMMISSION'S APPROVAL. AND FINALLY, THE CITY COUNCIL'S APPROVAL. THEY WILL BUILD A 24 HOUR CONVENIENCE STORE AND GAS STATION DIRECTLY IN FRONT OF OUR HOME. RENO IS A SHADY AND NARROW LITTLE DEAD END STREET IN THE SLEEPY END OF GOVERNMENT HILL, FALLING IN LOVE WITH THE MATURE RUBY RED GRAPEFRUIT TREE, ORANGE TREES IN A RARE PERSIMMON TREE. THE DELLA CRUZ FAMILY PLANTED 60 YEARS AGO. WE PURCHASED OUR HOME FOUR YEARS AGO, AND IN GOOD FAITH AND INVESTED OUR TIME AND MONEY REDOING IT AND MAKING IT OURS. I CAN ASSURE YOU 100% WE WOULD HAVE NEVER, EVER INVESTED IN THIS PROPERTY. HAD THERE BEEN ANY INDICATION THAT THE [01:20:01] ZONING OF THIS HISTORIC NEIGHBORHOOD WAS IN JEOPARDY OF CHANGING TO ALLOW FOR THE DEMOLITION OF AN ENTIRE BLOCK OF HOMES ACROSS THE STREET AND THE CONSTRUCTION OF A CONVENIENCE STORE. GAS STATION COMPLEX STEPS FROM OUR FRONT PORCH. THE LOGISTICS AND IMPACT TO OUR STREETS AND THE INCREASED TRAFFIC IT WILL BRING IS SIGNIFICANT ANXIOUS DRIVERS EXITING. FORT SAM HOUSTON WILL USE THE QUICK TRIP AS A QUICK CUT THROUGH TO BEAT THE TRAFFIC LIGHT AT I 35 AND WALTERS AS IT'S DRAWN. THE ENTRANCE FROM WALTERS INTO THE QUICKTRIP COMPLEX MAKES A STRAIGHT CUT THROUGH DIRECTLY ONTO SANDMEYER STREET WITH PERSHING ELEMENTARY SCHOOL, A SHORT BLOCK DOWN, PUTTING NEIGHBORHOOD KIDS WALKING TO AND FROM SCHOOL AT AN INCREASED RISK, SPEAKING WITH SEVERAL PERSHING TEACHERS WHO WERE GETTING CHILDREN ON SCHOOL BUSES AND PARENTS WALKING KIDS HOME FROM SCHOOL TO SEE IF THEY KNEW THERE WAS A PROPOSED CONVENIENCE STORE GAS STATION TO GO IN JUST THERE AT THE END OF THE STREET. THEY WERE SURPRISED, SHOCKED, AND THOUGHT AT A TERRIBLE IDEA, ESPECIALLY IN SUCH CLOSE PROXIMITY. PROXIMITY, AND ON THE SAME STREET AS THEIR ELEMENTARY SCHOOL, I THINK. OKAY, SINCE NO YELLOW REZONING SIGN ON THE TWO ACRE PLUS PROPERTY WAS EVER VISIBLY POSTED FOR MORE THAN A COUPLE OF DAYS AND REMAINS ON THE GROUND IN THE YARD OF ONE OF THE RENTAL PROPERTIES WHERE IT HAS BEEN THE LAST SEVERAL MONTHS. THERE ARE MANY WHO LIVE, WORK, AND FREQUENT THE NEIGHBORHOOD AND AREA THAT KNOW NOTHING OF THIS PROPOSED COMMERCIAL COMPLEX AND REZONING, IF YOU WANT TO GO TO THAT THERE. OKAY. AND THEN YOU CAN GO BACK TO THE OTHERS. AS MUCH AS WE LOVE WHERE WE LIVE, AND EVERYONE SHOULD BE SO LUCKY, WE'VE ONLY LIVED HERE FOR THREE AND A HALF YEARS. EACH OF OUR NEXT DOOR NEIGHBORS AND OUR NEAR NEIGHBORS HAVE INHERITED THEIR HOMES FROM PAST GENERATIONS OF PARENTS AND GRANDPARENTS WHO'VE LIVED IN THEIR HOUSES FOR YEARS AND YEARS, AND WILL PASS THESE DOWN TO THEIR KIDS. OWNING A PROPERTY WITHIN FEET BEHIND OR BESIDE A MAJOR 24 HOUR CONVENIENCE STORE GAS STATION WILL SIGNIFICANTLY DEVALUE OUR PROPERTIES FOREVER. IF THIS TWO ACRE GAS STATION COMPLEX IS BUILT, IT WILL IRREVOCABLY CHANGE OUR LIFESTYLES, THE CHARACTER OF OUR STREET, OUR NEIGHBORHOOD, AND OUR QUALITY OF LIFE. THANK YOU FOR YOUR TIME AND CAREFUL CONSIDERATION OF OUR PETITION. I RESPECTFULLY REQUEST YOU VOTE NO TO REZONING THE GOVERNMENT HILL NEIGHBORHOOD MASTER PLAN FROM RESIDENTIAL TO COMMERCIAL, AND ALLOWING QUICKTRIP TO DEMOLISH HOMES, REMOVE A STREET, AND DESTROY THE CONTINUITY OF OUR COMMUNITY. THANK YOU. THANK YOU. STEVE VERTI, FOLLOWED BY LORENZO ORTIZ. HELLO, UH, STEVE STI, 1 0 5 RENO. UM, SO THIS IS, UH, WELL, FIRST I'D JUST LIKE TO SAY THAT, UM, YOU KNOW, I, I HAVE COMMUNICATED AND I'D LIKE, UH, AND LEARNED ABOUT THIS PROCESS. I'D LIKE TO THANK ALL THE COMMISSIONERS WHO DONATE THEIR TIME. UM, I'D LIKE TO THANK MICHAEL PEPE. UM, AND, UH, AND WE HAVE DEALT WITH QUICKTRIP, UH, TRUITT AND, AND ASHLEY FROM THE LAWYER. AND, UH, APPRECIATE ALL THE HELP. UM, WE DID GO TO THE GOVERNMENT HILL, UM, ALLIANCE AND UNITED MEETINGS AND LEARN ABOUT THIS. UM, AND, UM, UH, THEY, THEY ARE, UM, FROM MY VIEW, MORE FOCUSED ON THE OTHER OFFICIALLY HISTORIC END OF GOVERNMENT HILL. AND I, I DON'T THINK THEIR VOTING AND OPINIONS REPRESENT, UH, THE FULL NEIGHBORHOOD. UM, SO, UH, THIS IS, UH, THE I 35 CORRIDOR THROUGH GOVERNMENT HILL, AND YOU CAN SEE AT THE NEXT INTERCHANGE, NEW BRAUNFELS, WHERE THERE ARE FOUR CURRENT GAS STATION CONVENIENCE STORES. THE, THIS IS THE SITE THE CITY TAKES YOU TO, TO INVESTIGATE CRIME IN YOUR AREA. AND YOU CAN SEE WHEN YOU SELECT THE DRUG AND NON-AUTO THEFT RELATED, UM, ISSUES, AS I DID, THERE'S A HIGH CONCENTRATION AROUND THESE GAS STATION CONVENIENCE STORES OVER HERE WHERE QUICK TRICK WAS PROPOSED. UM, UH, I WOULD EXPECT IT OBVIOUSLY TO INCREASE BASED ON THAT DATA. UM, THERE'S AN ELEMENTARY SCHOOL, UH, ONE BLOCK AWAY, SO ANY KIND OF NARCOTICS, UM, YOU KNOW, ANY ADDITION TO THAT IS OBVIOUSLY UNACCEPTABLE. UM, SO, UH, THIS IS A VIEW FROM THE CROSS WALTERS. UH, SO THIS ISN'T LIKE, IT'S MAYBE CLOSE TO A SCHOOL. THIS IS IN A SCHOOL ZONE. THERE IS A FLASHING SCHOOL ZONE SPEED LIMIT SIGN RIGHT IN FRONT OF WHERE QT WANTS TO BE. UH, THE, THERE ARE PEOPLE THAT WALK, THERE'S APARTMENTS ACROSS THE HIGHWAY. UH, THEY HAVE TO WALK ACROSS THE CROSSWALKS. AND THEN, UH, YOU KNOW, CURRENTLY THEY GET ACROSS [01:25:01] ALL THESE BUSY STREETS AND, AND THEY WOULD FEEL SAFE TO CUT THROUGH JIM STREET. THERE'S A NICE SIDEWALK THEY MADE TO GET TO THAT DEAD END STREET. AND, UH, AND THIS IS GONNA CHANGE ALL THAT. NOW, NOW THEY GOTTA DEAL WITH TRAFFIC COMING IN AND OUT OF, OF THREE DIFFERENT PLACES AT THIS CONVENIENCE STORE. AND SO THIS TERM THAT I'D NEVER HEARD BEFORE, A HARD CORNER, UM, OUR BLOCK, WE DON'T LIVE ON A HARD CORNER, 30 SECONDS. UH, THE HARD CORNER IS WAY OVER THERE. A SMALL PARCEL ON THE EDGE. THEY'RE, THEY'RE TAKING UP SEVEN PARCELS. THIS IS NOT A HARD CORNER. THEY'RE, THEY'RE TAKING OVER QUITE A BIT. UH, GAS STATION CONFU FUMES ARE WAY UNDERESTIMATED THE, UM, THE VALUE THAT CALIFORNIA USED TO DO A 300 SET FOOT SETBACK. UM, IT, UH, THEY FOUND THAT THE, IT'S 10 TIMES THAT WHEN THEY, WHEN THEY STUDY WHAT IT, WHAT IT REALLY IS. AND IF YOU LOOK AT, UH, THERE'S FIVE, THERE'S FIVE QTS IN TOWN. THAT'S THREE MINUTES, SIR. AND YOU CAN SEE THERE ARE COMMERCIAL ALL AROUND, WHEREAS THIS IS NOT. THANK YOU. THANK YOU. LORENZO ORTIZ, FOLLOWED BY OLGA CARINA. GOOD AFTERNOON. UM, I PURCHASED A PROPERTY AT 20, UH, 25 47, UH, NORTH IH 35, UM, TO MAKE IT TO, UM, MY ACTUAL HOMESTEAD. I'M ACTUALLY, UH, SPENDING A LOT OF MONEY, UH, RECONSTRUCTING IT FROM THE GROUND UP. UM, I LIKE THE COMMUNITY. THAT'S WHY I ACTUALLY PURCHASED THE PROPERTY TO MAKE IT MY HOMESTEAD. UM, THE COMMUNITY'S ACTUALLY NICE. UH, ONCE AGAIN, I MET A LOT OF MY NEIGHBORS. UH, THEY'VE BEEN THERE FOR MANY, MANY YEARS. YOU KNOW, FROM ONE GENERATION TO THE OTHER. TO ACTUALLY PUT A CONVENIENCE STORE WITHIN OUR COMMUNITY. THAT'S NOT THE RIGHT THING TO DO AT THIS TIME. THAT, OR AT ANY TIME DUE TO THE FACT THAT THERE'S A LOT OF KIDS THAT GO THROUGH THE NEIGHBORHOOD. UM, THE STREETS ARE ACTUALLY NOT AS WIDE AS THEY SHOULD BE WITH, BY PUTTING THAT, IT'S GONNA HINDER OUR BASICALLY DAY-TO-DAY LIVELIHOOD WITH EXCESS, UH, TRAFFIC GOING IN AND OUT. UM, BUT NOT ONLY THAT, BEING OPEN 24 HOURS, UM, THAT'S A LOT OF PEOPLE COMING IN AND OUT OF, YOU KNOW, YOUR COMMUNITY. YOU KNOW WHERE YOU SHOULD BE SAFE, UH, WHERE YOU SHOULD BE ABLE TO, TO GO HOME AFTER HARD DAY'S WORK AND ENJOY YOUR HOME, NOT WORRYING ABOUT WHAT'S GONNA HAPPEN NEXT. THANK YOU FOR YOUR TIME. THANK YOU. OLGA KAENA, FOLLOWED BY MAGDALENA BARBA. ABLO. OKAY. OKAY. SO I HAVE THE SITUATION, THE OWNER OF THE PROPERTY HERE. UM, WE JUST BARELY FOUND OUT. SHE MENTIONED THAT THEY WERE HAVING THESE MEETINGS AND WE JUST BARELY FOUND OUT ABOUT THESE. OKAY. AND I COULD CONSIDER WHATEVER, UH, THEY'RE OFFERING, UM, TO MYSELF THAT COULD TAKE THAT MONEY. BECAUSE IF THE OWNER WANTS TO SELL, THEN SHE COULD DO THAT. AND I COULD JUST TAKE THE MONEY AND LOOK FOR ANOTHER PLACE FOR MYSELF. BUT I ALSO WANT TO TAKE INTO CONSIDERATION WHATEVER, UH, IT'S GONNA CAUSE THE IMPACT IT'S GONNA CAUSE UPON OTHER PEOPLE, BECAUSE THERE IS A SCHOOL, AS OTHER PEOPLE MENTIONED THERE. SO I'M ALSO TAKING INTO CONSIDERATION HOW IT'S GONNA IMPACT THE OTHER FAMILIES AROUND HERE. [01:30:04] ON THE OTHER HAND, I COULD TAKE THE MONEY, BUT MY HUSBAND IS ABOUT TO RETIRE, AND WE DON'T THINK WE CAN AFFORD TO BUY $150,000 HOME. SINCE HE'S ABOUT TO DO THIS. WE'D RATHER BE RELOCATED IN THE SAME AREA WITHIN THAT, UH, SORRY, INTERPRETER'S MISTAKE WITHIN THAT GENERAL AREA. AND DO THAT INSTEAD, SINCE HE'S ABOUT TO RETIRE. DALE, ANYBODY ELSE SIGNED UP TO SPEAK? NO. OLGA. OLGA? NO. OLGA CARDENA. AND THEN FOLLOWED BY CINDY TOWER. NO. HI, MY NAME IS CARDONA. I LIVE IN SIX 11 COLEMAN. AND I ALSO THINK THAT BUILDING THE GAS STATION HERE IS GOING TO HAVE AN ADVERSE IMPACT ON US, UH, BECAUSE THERE IS A SCHOOL THERE AS WELL. OH, EXCUSE ME. INTERPRETER'S MISTAKE. AND ALSO OUR PROPERTY TAXES ARE GOING UP. AND SO THIS COULD HAVE AN ADVERSE IMPACT, NOT ONLY ON THE CHILDREN THAT ARE CROSSING THE STREET TO GO TO SCHOOL FROM THERE, BUT ALSO ON US, THE OTHER PEOPLE THAT ARE CROSSING BY THERE. THANK YOU FOR YOUR TIME. . CINDY TOWER, FOLLOWED BY DORA PEREZ. CINDY TOWER, SIX 14 EAST CARSON STREET. UM, SO I WANNA SHOW THIS NEIGHBORHOOD. THESE ARE HOUSES THAT ARE GONNA BE TORN DOWN. AND I, THEY'RE 1920. CAN YOU MAKE 'EM BIGGER? PLEASE? CAN YOU GET A BETTER IMAGE? ZOOM IN WITH A CAMERA. ANYWAY. UM, AS A VISITING PROFESSOR, I LIVED IN MANY OTHER CITIES, AND I'VE RETIRED IN SAN ANTONIO TO GOVERNMENT HILL BECAUSE IT IS MY MOST FAVORITE NEIGHBORHOOD IN SAN ANTONIO. BECAUSE OF THE DIVERSITY, NOT JUST ETHIC, ETHNIC DIVERSITY, BUT ECONOMIC, OUR WHOLE THING, THE 200, THE 2017 REVISED MASTER PLAN WAS TO KEEP THE DENSITY LOW, TO KEEP OUR FAMILIES, KEEP OUR HISTORIC HOMES, BUT KEEP OUR FAMILIES. THIS, THIS MEANS RENTERS AS WELL AS HOME OWNERS. UM, WE, YOU KNOW, THIS CITY WANTS TO DEVELOP, AND I'M NOT AGAINST DEVELOPMENT, BUT I WANNA DO IT THOUGHTFULLY. WE NEED MORE AFFORDABLE HOUSING. BUT THESE BUNGALOWS FROM 1920, WHICH THEY'RE NOT REALLY ZOOMING IN ON, I'M SORRY THAT THEY CAN'T GET BETTER PICTURES OF THEM. THEY ARE BEAUTIFUL. THEY ARE REAL MATERIALS, REAL BRICKS, REAL ADOBE. UM, THE CITIES I'VE LIVED IN WOULD DIE TO HAVE THESE IN THESE THEIR CITIES. I HAVE FRIENDS THAT LIVE IN THE SUBURBS IN HOMOGENIZED GENERIC NEIGHBORHOODS, DYING TO MOVE TO GOVERNMENT HILL. THEY'RE, I, EVERY DAY WHEN I WALK, WALK MY BEAGLES, PEOPLE STOP ME IN A CAR AND GO, ARE THERE ANY HOUSES FOR SALE THAT YOU KNOW? OR ARE THERE ANY RENTAL UNITS FOR SALE? AND THEIR FAMILIES, THEY WOULD LOVE A LITTLE HOUSE. SO WHY WOULD YOU TEAR DOWN REALLY QUAINT, GOOD HISTORIC HOMES AND PUT A GENERIC GAS STATION, ESPECIALLY ONE THAT'S HUGE. YOU DON'T NEED A GIANT QUICK TRIP. MAYBE A LITTLE TINY COMMERCIAL. SOMETHING ON THAT CORNER WOULD MAKE SENSE 'CAUSE IT IS A COMMERCIAL SPOT, BUT TO TEAR DOWN THESE BEAUTIFUL THINGS. 'CAUSE ONCE THEY'RE GONE, THEY'RE GONE. YOU WILL NEVER GET THESE BACK. I HAVE BUILT [01:35:01] BRAND NEW HOUSE AND THE QUALITY OF LUMBER, YOU CAN DONE IT WITH YOUR ELBOW, DONE IT WITH YOUR FINGERNAIL. IT'S NOT THE SAME QUALITY IN MATERIALS. THERE ARE NO PLASTICS, NO LAMINATES, NO POLY POLYPROPYLENE MATERIALS IN THESE HOUSES. THESE ARE JUST HEALTHY, SUSTAINABLE, LOVELY HOMES. AND I, AND SO GOVERNMENT HILL UNITED IS THE, THE REAL NEIGHBORHOOD ASSOCIATION OF HOMEOWNERS. THEY'RE VERY CONCERNED ABOUT THESE FAMILIES. WE WANNA KEEP OUR FAMILIES IN GOVERNMENT HILL. THAT'S WHAT WE CARE ABOUT, IS PEOPLE THAT PEOPLE OVER DEVELOPERS IN, IN A $10 AN HOUR JOB OF A QUICK TRIP IS NOT ADDING THAT MUCH TO SAN ANTONIO, WHEREAS THESE HISTORIC HOMES ARE GIVING YOU A LOT. 30 SECONDS. THANK YOU. SORRY, I'M HARDLY HEARING, SO I, I SHOUT. THANK YOU. DORA PEREZ, FOLLOWED BY MARYANNE. HOW EVA? MY NAME IS DORA PEREZ AND I LIVE AT 7 25 SAND MEYERS. GOOD AFTERNOON. I WANNA START OFF BY DESCRIBING MY NEIGHBORHOOD, THE ONE IN QUESTION. UH, IT IS A CALM, PEACEFUL, QUIET, FRIENDLY, AND SAFE NEIGHBORHOOD. IT IS WHERE NEIGHBORS STILL LOOK OUT FOR ONE ANOTHER. MY PARENTS WHO ARE NOW DECEASED, LOVE THEIR NEIGHBORHOOD AND LIVED IN THE SAME HOME FOR 63 YEARS. THEIR LONGTIME FRIENDS STILL LIVE IN THEIR NEIGHBORHOODS OVER 40 YEARS. FAMILIES LIVING IN THEIR NEIGHBORHOOD FOR 15 YEARS. AND MY NEW NEIGHBORHOOD AND MY, I'M SORRY, MY NEW NEIGHBOR. FOR THREE YEARS, MY ELDERLY MOM LOVED TO WATER HER ROSES AND FELT SAFE BEING OUTSIDE DAY AND NIGHT, OUR NEW NEIGHBOR, PARTLY BUYING HER HOME BECAUSE OF FRUIT TREES GROWING IN FRONT OF HER YARD. THE NUMBER OF YEARS AND MORE IN THIS NEIGHBORHOOD SPEAKS VOLUMES BY REZONING. THE DYNAMICS OF THIS NEIGHBORHOOD WILL CHANGE. EVALUATING OUR PROPERTY, OUR TAXES GO UP. HAVING TO LIVE NEXT TO A 24 HOUR STORE, FEAR OF HAVING TO LIVE CLOSE TO A GAS PUMPS, UH, ALLOWING MORE TRAFFIC, 24 7 AND NOISE NONSTOP. THE SAFETY OF THE ELEMENTARY KIDS WALKING TO SCHOOL, HOMELESS, AND I'M SORRY, IT'S MY NEIGHBORHOOD. HOMELESS AND PANHANDLER MOVING IN. AND THE FEAR OF CRIME ROBBERIES SPILLING INTO OUR NEIGHBORHOOD. I AM THE NEXT GENERATION TO LIVE AND LOVE THIS NEIGHBORHOOD. I'M ASKING YOU, PLEASE VOTE NO FOR REZONING. PLEASE HELP US PRESERVE OUR RESIDENTIAL NEIGHBORHOOD. THANK YOU. THANK YOU, MARYANNE. HOW LEYVA FOLLOWED BY MARLENE HAWKINS. DR. NOON, EVERYONE. I'M MARYANNE. EVA AND I HAVE BEEN A PROPERTY OWNER THERE FOR 43 YEARS. WHEN I WAS A LITTLE GIRL, MY GODMOTHER LIVED THERE. AND LIKE DORIS SAID, YOU KNOW, THERE'S BEEN GENERATIONS OF FAMILIES THAT HAVE LIVED THERE, AND OUR HOUSES ARE, SHOULD BE PART OF THE, THE BROADWAY AREA HERITAGE HOUSES. AND I'M HERE TO ADVOCATE FOR MY NEIGHBORS THAT AREN'T HERE. THEY HAVE LIVED THERE, YOU KNOW, AS THEIR CHILDREN GREW AND LIVED THERE. AND THE NEIGHBORHOOD HAS SUPPORTED EACH OTHER. THE NEIGHBORS HAVE ALWAYS SUPPORTED EACH OTHER. THERE'D BE A SENIOR CITIZEN. I WOULD DRIVE MANY SENIOR CITIZENS TO H E B OR HANDY ANDY THAT USED TO BE THERE AND, YOU KNOW, HELP 'EM OUT. WE ALL HELP EACH OTHER AND IT'S A STABILITY OF NEIGHBORS. AND TO BE INTERRUPTED BY PEOPLE FROM THAT WE DON'T KNOW. AND WE HAVEN'T MET, TO GO TO A CONVENIENCE STORE AND BE INTRUSIVE IN OUR PROPERTIES [01:40:02] AND CRIMINAL, YOU KNOW, MAY COME. WE HAVE NO CONTROL OVER WHO COMES TO A CONVENIENCE STORE. YOU KNOW, I CAN GO TO ONE. YOU CAN GO TO ONE, AND A HOMELESS PERSON CAN STAY THERE, YOU KNOW, AT THE BACK, BACK END, AS YOU'VE ALL NOTICED IN THE CITY OF SAN ANTONIO. THOSE OUTSIDERS CAN CAUSE ILLEGAL ACTIVITIES, YOU KNOW, CRIME AND THEFT. AND HOW WILL IT AFFECT OUR TAXES, OUR SCHOOLS? YEAH, I CAN'T SEE THOSE CHILDREN BEING SAFE. I LIVE AT 7 24 IS MY PROPERTY, AND THAT'S A BLOCK AWAY FROM THE ELEMENTARY SCHOOL. AND I WATCHED THEM FOR YEARS AND YEARS. YOU KNOW, I HAVE A CHINA PLUM TREE IN THE FRONT. AND THEY WOULD SAY, MISS, MISS, MAY I HAVE SOME? AND OF COURSE, OF COURSE. SO I WOULD LIKE THE PROPOSAL FOR THIS GAS STATION. DO NOT GO THROUGH WHAT, 30 SECONDS. OKAY. AND YOU KNOW, I, I UNDERSTAND WE HAVE, UH, YOU KNOW, HISTORIC AREA AND CONSIDER THAT THERE'S HISTORIC HOMES. THERE'S HOMES THAT HAVE BEEN BUILT IN 19 30, 19 25. THEY'RE WONDERFUL HOMES WITH WOODEN FLOORS AND FRENCH DOORS AND FOOT TUBS. THEY'RE WONDERFUL HOMES. THANK YOU. THANK YOU. MARLENE HAWKINS, FOLLOWED BY MATTHEW BATTIS. MY NAME IS MARLENE HAWKINS. I LIVE AT SIX HUNDRED AND SIX OH ONE EAST CARSON GOVERNMENT HILL COMMUNITY ASSOCIATION. UM, ONE THING THAT HASN'T BEEN DWELLED ON HERE ARE THE PEOPLE THAT ARE GOING TO BE DISPLACED IF THIS GOES THROUGH EIGHT, EXCUSE ME, EIGHT FAMILIES. SOME OF THEM WITH CHILDREN. SOME OF 'EM HAVE LIVED IN THOSE HOUSES FOR 12 TO 14 YEARS. AND THE COMPENSATION PACKAGE, IT MAY SOUND GOOD TO THE PEOPLE, BUT THE PROBLEM IS THERE ARE NO HOUSES THAT THEY COULD MOVE TO THAT THEY COULD AFFORD. I'VE BEEN WORKING WITH, UM, NEIGHBORHOOD HOUSING SERVICES, THE NONPROFIT ON, UH, ON, UH, SEA STREET. AND THEY AGREE, UH, AND BEEN WORKING WITH FAIR HOUSING AND WITH, UH, NEIGHBORHOOD HOUSING SERVICES DEPARTMENT, WHO HAS ASSIGNED DR. ANTENNAE TO BE A CONTACT TO, UH, WITH US AND WORK WITH US TO TRY TO FIND RESOLUTIONS FOR THE PEOPLE WE HAVE BEEN TRYING. BUT THERE HAS BEEN NOTHING AVAILABLE IN THE, IN THE RANGE THAT THEY CAN AFFORD. THESE PEOPLE ARE NOT LAGGARDS. EVERY ONE OF THE HOUSES HAS PEOPLE WORKING, BUT THEY ARE NOT PAID WHAT THEY'RE WORTH. AND SO THEY CANNOT AFFORD A HOUSE MORE EXPENSIVE THAN WHAT THEY'RE RENTING RIGHT NOW. UH, WE HAVE A, WE HAVE A NURSE THAT LIVES THERE. WE HAVE A A AND A TEACHER'S AIDE THAT LIVES THERE, HAS LIVED THERE FOR 14 YEARS AND RAISED HER FAMILY THERE. UM, THAT'S THE MAIN PROBLEM THAT I HAVE, IS THAT THERE'S NO PLACE FOR THESE PEOPLE TO GO. UH, WHAT THEY HAVE TOLD SARAH, THE OWNER, THAT THEY WOULD BUY THE HOUSES FROM HER IF SHE WOULD SELL THEM TO 'EM. SO IF SHE'S NEEDING TO GET MONEY, SHE COULD SELL TO THESE PEOPLE AND THEY WOULDN'T BE DISPLACED. UM, THE OTHER THING IS WHAT THE OTHER PEOPLE HAVE BEEN TALKING ABOUT, THE HEALTH, THE FUMES FROM THE GAS TANKS CAUSE HARM THEMSELVES. AND IF THE SITUATION IS RIGHT, THEY CAUSE GROUND LEVEL OZONE, WHICH WE ALL HAVE BEEN INFORMED IS, IS BAD FOR HEALTH. THE TRAFFIC WILL BE A REAL PROBLEM 'CAUSE THEY COME AROUND THAT CORNER PRETTY FAST. NOT NOT BREAKING THE SPEED LIMIT, BUT ONE RIGHT AFTER THE OTHER. AND THEN THERE'S A TURN IN FOR THE, FOR THE, WE COULD HAVE TRAFFIC. WE HAVE TRAFFIC PROBLEMS, AND WE, THE PARENTS COMING TO SCHOOL TO BRING THEIR, UH, STUDENTS TO SCHOOL OR TO PICK THEM UP. THAT'S MORE TRAFFIC THERE. AND THE BAD THING WILL BE THE TRAFFIC COMING OFF OF THE, UH, OF THE STATION GOING DOWN SANDMEYER [01:45:01] RIGHT IN FRONT OF THE, OF THE ELEMENTARY SCHOOL. THE OTHER THING THAT MAY SEEM STRANGE THAT WE NEED TO CONSIDER IS THE CLIMATE PLAN THAT WE HAVE SIGNED ON TO OUR, OUR CITY WAS BRAVE IN SIGNING ON TO THE PARIS ACCORD AFTER THE GOVERNMENT PULLED OUT OF IT. UH, THAT GIVES US 2050 TO GET RID OF ALL CARBON'S. THREE MINUTES MA'AM. ALL, UH, GASOLINE CARS. MORE ELECTRIC. THANK, THANK YOU. MM-HMM. MATTHEW TI FOLLOWED BY ROSE HILL. OH, HERE IT IS. GOT IT. GOOD AFTERNOON. I'LL TRY TO BE ECONOMICAL WITH THREE MINUTES. I'M HERE REPRESENTING THE PROPERTY OWNER RIGHT HERE ON THE CORNER. THERE SHOULD BE A BIG GREEN CHECK. THE FORM IS PROBABLY SITTING UNDER A STACK OF PAPERS ON MY DESK. I APOLOGIZE FOR NOT GETTING THAT IN TIMELY. UM, FIRST POINT IS HISTORY OF THE AREA AND HOW WE GOT TO THE CURRENT ZONING IN BEFORE 2008. THIS WAS ALL ZONED INDUSTRIAL. AND THEN WE DID A BLANKET AREA REZONING TO CONFORM WITH THEN EXISTING USE. AND IT WAS ZONED TO THE R FIVE AND R SIX SINCE THAT TIME, AT LEAST ON THIS BLOCK, THAT HOUSE, THAT HOUSE, THAT HOUSE, THAT HOUSE AND THAT HOUSE HAD BEEN DEMOLISHED. AND THIS IS A VACANT LOT. UM, WE SAW EARLIER A MAP OF CRIMES. PLEASE UNDERSTAND THAT'S CRIMES THAT ARE REPORTED. THAT IS NOT A MAP OF CRIMES THAT ARE OCCURRING. WE'VE HEARD A LOT ABOUT THE FEAR OF CRIME WITH A GAS STATION. I CAN TELL YOU BEFORE, UM, THIS PROPERTY WAS PURCHASED, IT WAS A, TO PUT IT POLITELY, AN UNLICENSED PHARMACY TO PUT IT IMPOLITELY. IT WAS A DRUG DEN. AND AFTER MY CLIENT PURCHASED IT WITH THE INTENT OF RESTORING IT, I DIDN'T USE THE F WORD FLIP. I USED THE R WORD, RESTORING IT. UH, IT ACTUALLY ENDED UP COSTING WAY MORE THAN HE THOUGHT, UH, TO GET IT REHABBED. AND SO WE'RE HAVING TO REVISIT OUR USE FOR THAT. BUT PLENTY OF THE CUSTOMERS TO THE UNLICENSED PHARMACY KEPT COMING UP AND THEY'VE, THEY'VE DWINDLED SUBSTANTIALLY, BUT THEY STILL KEEP COMING UP LOOKING FOR THE PREVIOUS USERS OF THE PROPERTY. AND WHEN THEY ARE TURNED AWAY, GUESS WHERE THEY WANDER OFF TO OVER HERE TO THE WOODS TO LOITER AROUND. AND DO YOU FIGURE OUT WHAT, BY THE TIME THE POLICE ACTUALLY GET CALLED, IF THEY GET CALLED AT ALL, THEY'VE USUALLY WANDERED OFF. THERE'S BEEN CONCERN OF PANHANDLER AND OTHER PEOPLE THERE. UM, THEY'RE THERE ALREADY RIGHT NOW. ALSO, PRIOR TO 2008, JIM, JIM STREET USED TO CONNECT TO WALTERS. THEY EXPANDED THROUGH CONDEMNATION AND, AND WIDENED THE WHOLE THING RIGHT HERE. SO THIS IS A DEAD END, UH, FOR TRAFFIC. SO CARS AREN'T USING IT RIGHT NOW. AND THEN, AS FAR AS THE TRAFFIC WITH CARS WHIZZING BY, THAT'S CORRECT BECAUSE THIS IS AN INTERSTATE HIGHWAY WITH AN ACCESS ROAD. BUT BEAR IN MIND, WHY ARE THEY WHIZZING BY? THERE'S NOTHING HERE. THIS IS ALL VACANT PROPERTY. WHAT'S GOING TO HAPPEN WHEN THERE'S A DRIVEWAY AND THERE'S CARS TURNING IN, THEY SLOW DOWN BEFORE THEY MAKE THEIR TURN. THE OTHER THING TO NOTE IS THAT THIS PROPERTY IS OWNED BY ONE, ONE, UH, PARTY BY ITSELF. IT'S 0.7 ACRES DOING PLENTY OF DEVELOPMENT. I CAN TELL YOU THERE'S NOT A WHOLE LOT THAT CAN GO HERE THAT'S GONNA MAKE USE OF 0.7 ACRES, UH, 30 SECONDS. UH, IT'S CURRENTLY ZONED, I BELIEVE, R SIX. I CAN TELL YOU NO. HOME DEVELOPER IS GOING TO BUY A CORNER ON AN INTERSTATE HIGHWAY AND A FOUR-LANE FEEDER ROAD TO BUY CUSTOM HOMES FOR PEOPLE TO RAISE FAMILIES IN. SO IF IT, IF IT'S NOT GONNA BE REZONED COMMERCIAL FOR COMMERCIAL USE, WHAT IS GONNA HAPPEN? IT'S BEEN FOR SALE FOR FIVE YEARS NOW AND NOBODY'S BOUGHT IT WITH THE INTENT FOR RESIDENTIAL PURPOSES. SO PLEASE CONSIDER APPROVING THEM. THANK YOU. THANK YOU. ROSE HILL, FOLLOWED BY ISIA CARILLO. GOOD EVENING COMMISSIONERS. I HOPE Y'ALL ARE DOING WELL THIS AFTERNOON. UH, MY NAME IS ROSE HILL. ROSE HILL, PRESIDENT GOVERNMENT HILL ALLIANCE. UM, WE ARE IN SUPPORT OF THAT PROJECT, BUT BECAUSE WE HAD, WE'VE HAD SEVERAL MEETINGS, WE HAVE A PROCESS IN WHICH WE USED, UH, THE ENTIRE COMM COMMITTEE. A COMMUNITY WAS INVITED TO COME TO OUR MEETINGS. UH, I UNDERSTAND THAT THERE WERE A FEW PEOPLE THAT WERE NOT, UH, I GUESS MIGHT'VE MISSED, UH, COMING TO OUR MEETINGS. BUT WE'VE HAD SEVERAL MEETINGS. AND ON THE 19TH, THEY DID VOTE TO APPROVE. UH, THE PLAN THERE. UH, THAT LOT THAT THE GENTLEMAN WAS SPEAKING IS, HAS BEEN, HAS HAD A LOT OF VAGRANTS. WE'VE HAD CODE COMPLIANCES THERE [01:50:01] A LOT. DRUGS NEED NEEDLES AND PEOPLE DOING THINGS THAT THEY SHOULDN'T BE DOING THERE. AND, UH, ON THAT LOT THEY'VE BEEN CAUGHT. THERE ARE CHILDREN THAT DO COME, UH, COME FROM SUDDEN HOMES THAT DO COME THAT AREA. SO THAT HAS BEEN A VERY BAD QUARTER FOR A LONG, LONG TIME. UM, AS FAR AS, UH, THE COMMUNITY IS CONCERNED, WE HAVE, UH, HAVE BEEN TRYING TO TALK TO, UH, THE APPLICANTS, THE RE OR THE PEOPLE THAT ACTUALLY LIVE IN THE, IN THE PROPERTIES. WE DON'T WANNA SEE ANYBODY DISPLACED. WE DON'T WANNA SEE ANYBODY'S HOUSES TORN DOWN. UH, ONE OF THE THINGS THAT WE WERE VERY CONCERNED IF THEY DID SELL, IF THE OWNER DID SELL IT, THAT THEY NOT KNOCK THE HOUSES DOWN, THAT THEY MOVE THE HOUSES, OR MAYBE GIVE THE HOUSES AND FIND A LOT OR SOMETHING. WE, THERE WAS, WHAT WE'RE TRYING TO DO IS WE'RE ASKING, WE'VE ASKED THE APPLICANT TO HAVE A CONTINUANCE SO WE CAN HAVE FURTHER DISCUSSION ON FINDING A LITTLE BIT MORE, GET MORE TRANSPARENCY, GET MORE QUESTIONS ANSWERED, MAYBE HAVE SOME MORE MEETINGS, UH, GET SOME MORE CLARIFICATION. BECAUSE I THINK RIGHT NOW, THERE'S, THERE'S TOO MUCH, UM, HEARSAY. THEIR, AND I THINK WHAT WE NEED TO DO IS WE NEED TO BRING THEM TOGETHER. UH, WE NEED TO HAVE MORE ME COMMUNITY MEETINGS, AND WE NEED TO FURTHER DISCUSS ON THE DEVELOPMENT OF THIS PROPERTY. BECAUSE IF THAT GAS STATION DOESN'T GO THERE, SOMETHING ELSE IS GONNA GO, IT MIGHT BE WORSE. SO I'M NOT SURE. BUT, UH, AT THIS POINT, WHAT I'D LIKE TO DO IS BASICALLY HAVE US COME TOGETHER, HAVE MORE MEETINGS, UH, WITH ALLIANCE AND WITH THE COMMUNITY, AND ALSO WHAT WE'VE TOLD IN THE FUTURE, THE DEVELOPERS TOO. WHEN YOU'RE COMING TO OUR NEIGHBORHOODS, WHAT ARE YOU DOING NOW? I DID HEAR TODAY THAT THEY WERE GONNA OFFER TO MAKE SIDEWALKS ON, ON RENO. RENO HAS NOT HAD SIDEWALKS AT ALMOST 50 YEARS. AND SO FOR SOMEBODY TO SAY, WE'RE GONNA COME BACK AND DO SOMETHING THERE THAT HASN'T BEEN THERE. 'CAUSE THE CITY DOESN'T HAVE MONEY, WE DON'T HAVE MONEY RIGHT NOW TO FIX THOSE STREETS. SO I THINK RIGHT NOW WE'RE TALKING ABOUT COMPROMISE, TALKING, SITTING DOWN AT THE TABLE AGAIN AND TRYING TO FIGURE OUT A SOLUTION ON WHAT POSSIBLY COULD OR COULD NOT HAPPEN THERE AT THAT. SO WHAT I'VE ASKED THE 30 SECONDS APPLICANTS TO DO IS TO HAVE A CONTINUANCE SO WE CAN HAVE FURTHER DISCUSSION. THANK YOU. THANK YOU. YESENIA CARILLO, FOLLOWED BY ANTONIA INFANTE. MY NAME IS YESENIA CARILLO AND I LIVE AT ONE, OH, EXCUSE ME, I LIVE AT, I LIVE AT 1 0 9 JIM STREET. UM, I AM A MOTHER OF THREE CHILDREN, 11, NINE AND THREE YEARS OLD. UM, MY KIDS GO TO THE SCHOOL A BLOCK AWAY. I ASK THAT THIS NOT BE APPROVED BECAUSE IT WOULD, I'M BARELY MAKING ENDS MEET NOW. I'M A A PRESCHOOL TEACHER AT A LEARNING CENTER, AND I'M BARELY MAKING ENDS MEET NOW. AND FOR ME TO HAVE TO BE FORCED IS WHAT I FEEL TO ACCEPT THIS, UM, THIS CHANGE. UH, I HAVE NOWHERE TO GO. AND WHAT I'M PAYING NOW, I'M BARELY MAKING IT. AND TO HAVE TO MOVE, IT'S, IT'S GONNA PUT A VERY BIG BURDEN ON ME. UM, WHAT THE GENTLEMAN SAID EARLIER, THAT LOT IS NOT VACANT. MY FATHER LIVES ON THAT CORNER. I GREW UP IN THE HOUSE THAT I'M IN RIGHT NOW AS A BABY. UM, MY FATHER BY THE OWNER HAS BEEN TOLD THAT THAT HOUSE WOULD NOT BE TURNED, TORN DOWN UNLESS MY FATHER LEAVES, BECAUSE HE DOESN'T WANNA DISPLACE MY FATHER. UM, THE OTHER HOUSES HAVE BEEN TORN DOWN, DRUG USE. I DON'T SEE ANY DRUG USE. I'VE LIVED THERE ALL MY LIFE. UM, I MOVED AWAY TO SAN MARCOS FOR SIX YEARS WHEN I GOT MARRIED AND RETURNED BACK TO THE HOUSE I GREW UP IN. I HAVE NO ILL BLOOD WITH THE OWNER. WE TALK, WE STILL TALK, BUT I UNDERSTAND THAT SHE IS VERY ILL. AND I HAVE, YOU KNOW, HER FATHER AS WELL. AND IT'S A BURDEN ON HER TO TAKE CARE OF THE HOUSES FOR NOW. BUT I HAVE OFFERED TO BUY THE HOME FROM HER AS A RENT TO OWN. AND, YOU KNOW, THAT WAY I CAN, I KNOW MY KIDS ARE GONNA BE STABLE AND I WILL BE STABLE. BUT FOR, UH, THIS GAS STATION TO BE PUT NEXT TO WHERE MY KIDS GO TO SCHOOL, I WENT TO THAT SCHOOL. I KNOW SOME OF THE TEACHERS THAT ARE STILL WORKING THERE. SO THIS IS A REALLY TIGHT-KNIT COMMUNITY TO WHERE, EXCUSE ME. UM, I DON'T SEE WHAT THE NEED FOR A GAS STATION IN THAT CORNER IS. IF YOU HAVE A, A FEW BLOCKS AWAY, FOUR GAS STATIONS ON EACH CORNER WITH FAST FOOD AS WELL, THERE'S OTHER LOCATIONS THAT THEY, AROUND THE NEIGHBORHOOD THAT THEY COULD, YOU KNOW, TRY TO DO SOMETHING WITH. BUT WHY DISPLACE FAMILIES THAT ARE STILL, YOU KNOW, WORKING HARDWORKING FAMILIES THAT CAN'T GO ANYWHERE ELSE AND THAT ARE THERE BECAUSE THEY DON'T, [01:55:01] THEY DON'T HAVE ANYWHERE ELSE TO GO. I DON'T HAVE ANYWHERE ELSE TO GO WITH MY THREE KIDS. I DON'T EVEN IF I WERE TO GET SOME TYPE OF HELP ON MOVING OUT, I CAN'T AFFORD WHAT I'M MORE THAN WHAT I'M PAYING NOW. 30 SECONDS. I JUST, I I I REALLY HOPE THAT THIS ISN'T APPROVED FOR, FOR MY FAMILY'S SAKE AND FOR THE FAMILIES THAT I KNOW THAT ARE MY NEIGHBORS AND WE ARE ALL COMFORTABLE WITH BECAUSE WE ALL KNOW EACH OTHER. WE ALL TALK, WE'RE ALL ABLE TO GET ALONG AND JUST HELP EACH OTHER OUT AND THAT ARE THERE FOR EACH OTHER. AND TO HAVE TO ALL OF A SUDDEN GO TO SOMEWHERE WHERE I HAVE NO CLUE WHO MY NEIGHBOR IS. MY NEIGHBOR COULD BE A DRUGGIE. AND I DON'T KNOW, BUT I KNOW MY NEIGHBORS NOW ARE NOT. THANK YOU. THANK YOU, ANTONIA. INFANTE, GOOD AFTERNOON. MY NAME IS ANTONIO INFANTE AND I LIVE IN 1220 MUNCIE. AND I'M AGAINST THIS PROJECT TOO. LIKE, UH, ONE OF THE PERSONS SAYS THAT THEY BEEN INVITING PEOPLE TO THESE MEETINGS AND I KNOW THEY'RE NOT INVITING THEM. THESE PEOPLE, THERE'S TENANTS THAT LIVE THERE, THERE ARE PARISHIONERS FOR ST. PATRICK'S CHURCH THAT I'M PARISHIONER TO. AND THEY JUST FOUND OUT AT THE END. AND JUST UNTIL LAST NIGHT, UNTIL LAST NIGHT, THEY CALLED THE TENANTS AND ASK HIM, WE'RE GONNA GIVE YOU SUCH AMOUNT OF MONEY JUST FOR THEM TO COME OVER HERE AND SAY, THE TENANTS ARE IN FAVOR. THEY'RE NOT IN FAVOR, BUT IF THEY COME AND OFFER YOU MONEY, I MEAN, $10,000, $5,000, YOU'RE GONNA SAY YES, BUT $5,000 AND $10,000, THEY'RE NOT GONNA LAST FOREVER. AND BESIDES THAT, IT'S NOT ONLY AFFECTING THE PEOPLE THAT ARE GONNA GET DISPLACED, IT'S ALSO THE TAXES THAT ARE GOING TO ALL OF US. AND, UH, THAT, THOSE LOTS, UH, I ALSO, I ALSO IN CAPS METRO AND IT'S THIS, THIS, UH, THING THAT WE JUST, THE CITY PUT MONEY. ROSE HILL SAID THE CITY DON'T HAVE MONEY. THE CITY HAS A LOT OF MONEY. AND THAT CAN BE EMPOWERED ZONING AND MAKE AFFORDABLE, AFFORDABLE HOUSING FOR PEOPLE, FOR THESE PEOPLE THAT THEY'RE GONNA BE DISPLACED. THE CITY COULDN'T MAKE HOUSES RIGHT THERE, RIGHT WHERE, AND THERE, THIS LADY, SARAH, I KNOW PROBABLY SHE'S, EVERYONE HAS THE, THE RIGHT TO SELL YOU PROPERTY. IF I WANNA SELL MY PROPERTY, I CAN SELL IT, BUT I, I KNOW SHE'S NOT THINKING ABOUT HOW IT'S AFFECTING ALL THE PEOPLE AROUND OUR NEIGHBORHOOD AND UNDERSTAND THAT SHE'S, I MEAN, WANTS TO GET HER MONEY AND GET RID OF IT, BUT SHE PROBABLY CAN SELL IT AND MAKE SOME HOUSES, SELL IT TO SOMEBODY CAN MAKE AFFORDABLE HOUSING FOR THESE PEOPLE THAT THEY'RE GONNA GET DISPLACED. THANK YOU VERY MUCH. AND, UH, I HOPE YOU DO NOT APPROVE THIS FOR ZONING. THANK YOU VERY MUCH. THANK YOU. THAT'S ALL I HAVE SIGNED IN TO SPEAK. WOULD THE APPLICANT LIKE TO HAVE TIME TO RESPOND? HI, THANK YOU. UM, ASHLEY FAIRMAN KAUFMAN KILL 100 WEST HOUSTON STREET. I'M GONNA LET TRUITT, UH, FROM QUICKTRIP ADDRESS SOME OF THE CONCERNS. BUT IN GENERAL WITH THE ZONING, I DID WANNA MAKE ONE POINT. THIS IS THE ONLY INTERSECTION OF I 35 IN A MAJOR ARTERIAL THAT HAS RESIDENTIAL HOUSING, SINGLE FAMILY RESIDENTIAL HOUSING AT THAT INTERSECTION. UM, AND WE DO FEEL IT'S APPROPRIATE FOR COMMERCIAL ZONING. I KNOW THERE'S A LOT OF OTHER DISCUSSION THAT NEEDS TO OCCUR, UH, SPECIFIC TO ZONING, EXCUSE ME, SPECIFIC TO MAYBE THE SITE, THE TENANTS, UH, THOSE SORTS OF THINGS. SO AGAIN, WE WOULD BE WILLING TO DO A CONTINUANCE TODAY, UM, FOR, I DUNNO IF IT'S A MONTH OR TO JANUARY, NOT FOR DECEMBER. UM, BUT I WILL LET TRUITT ANSWER SOME QUESTIONS. GOOD AFTERNOON. MY NAME IS TRUITT PRETTY WITH QUICKTRIP CORPORATION, WITH OUR ADDRESS BEING 7 42 NORTHWEST LOOP FOUR 10. UM, SO I DID WANNA, I, I DID WANNA START WITH YOU. YOU HEARD MANY OF THEM TALKING ABOUT THE NEIGHBORHOOD AND HOW GREAT IT IS. AND I JUST WANTED TO SAY I, I HAVE WITNESSED THAT I'VE BEEN TO ABOUT SIX MEETINGS, UH, WITH THE NEIGHBORHOODS. IT'S A VERY CLOSE, TIGHT-KNIT COMMUNITY AND IT KIND OF SHOWS FOR ALL THEM SHOWING UP HERE TODAY. UM, WHAT I'VE TAKEN AWAY IS I SAW A LOT OF FACES TODAY THAT I HAVEN'T SEEN. I'VE BEEN IN SIX DIFFERENT MEETINGS WITH THE NEIGHBORHOODS. AND SO I FEEL LIKE A CONTINUANCE IS NEEDED BECAUSE IF THEY'RE NOT RECEIVING LETTERS, IF THERE'S LOTS OF TENANTS NOT SPEAKING TO THE TENANTS ON THIS PROPERTY, UM, I NEED TO PUT A TASK FORCE TOGETHER AND WE NEED TO GO WALK DOOR TO DOOR FOR BEYOND THE 200 FEET, UH, THROUGHOUT THE WHOLE COMMUNITY. BECAUSE WE'VE SET THROUGH SIX MEETINGS, WE'VE, WE'VE GONE THROUGH SO MANY RENDITIONS OF OUR SITE PLAN BECAUSE I, [02:00:01] I, I UNDERSTAND A LOT OF THE CONCERNS. YOU KNOW, THERE IS A SCHOOL NEAREST AND, AND HERE IN SAN ANTONIO, WE'RE ACTUALLY ALREADY OPENED TWO STORES WITH SCHOOLS RIGHT BEHIND US. UH, ONE AT HUBNER AND U S A A IS ONE EXAMPLE. UM, SO WE'RE VERY ACCUSTOMED TO BEING NEAR SCHOOLS, UH, THINGS OF THAT NATURE. AND SO WHAT I'LL DO REAL QUICK IS, UH, I'LL, I'LL TOUCH ON, UM, AS QUICKLY AS I CAN, ALL THE CONCERNS I HEARD AND, AND KIND OF REBUTTAL AND THEN, UH, BUT ULTIMATELY I THINK A CONTINUANCE IS REALLY WHAT WE NEED BECAUSE I WOULD LIKE TO WALK DOOR TO DOOR AND REALLY INFORM EVERYBODY WHAT OUR INTENTIONS ARE SO THAT THERE'S NOT ILL INFORMATION OUT THERE. 'CAUSE I'VE HAD HEARD A LOT OF CONTRADICTING INFORMATION. UM, SO AS FAR AS, UH, TRAFFIC THAT CAN CUT THROUGH OUR SITE, IF WE WERE TO BUILD, UH, CUT THROUGH FROM WALTERS TO EDGAR, UH, TODAY, YOU CAN DO THAT ON EAST CARSON. UM, I DO UNDERSTAND THAT CONCERN. UM, THERE, THERE ARE SOME REMEDIES WE COULD DO SUCH AS INSTALL PORK CHOPS ON THAT REAR DRIVEWAY TO WHERE IT'S NOT, YOU KNOW, YOU'RE GONNA HAVE TO CURVE AND IT, IT CREATES A HUMP TO WHERE THAT'S NOT GONNA BE SOMETHING WHERE PEOPLE WANNA FLY THROUGH. UM, ANO ANOTHER WAS THE ELEMENTARY SCHOOL PROXIMITY. I, I TOUCHED ON THAT. WE HAVE NUMEROUS SITES. UH, WE OFFER SAFE PLACE. SAFE PLACE IS A PROGRAM THAT WE HELP START TO WHERE IT IS FOR BATTERED YOUTH, UH, WOMEN, WHATEVER IT MAY BE. WE ARE A VERY SAFE PLACE. AND THIS IS GONNA TAKE ME ONTO A TANGENT ABOUT OUR SECURITY. UM, SO YOU TALK ABOUT TRAFFIC CREATED BY US. THE REASON WE PUT THE CANOPY AND THE STORE SEPARATE TO WHERE THE STORE FACING WILL ALTER THE CANOPY, BECAUSE WE'VE LEARNED THAT PEOPLE THAT FILL UP, THEY'RE NOT ALWAYS COMING INSIDE YOUR STORE. IT'S 90% THAT ARE JUST GONNA FILL UP AND LEAVE. SO THAT TRAFFIC IS ST STAYING RIGHT THERE ON I 35, WHERE TODAY IT'S EXISTING PEOPLE THAT COME INSIDE OUR STORE. THEY'RE GONNA COME IN FOR APPROXIMATELY FIVE MINUTES AT A TIME. UM, SO, SO THERE'S REALLY NOT GONNA BE A WHOLE LOT OF TRAFFIC CREATED BY US COMING THERE. 'CAUSE IT'S PRIMARILY GONNA BE SERVED OFF THE FRONTAGE ROAD. UM, WITH CRIME. WE ARE, I CAN'T SAY FACTUALLY, WE ARE THE NUM THE BEST OUT THERE BECAUSE THAT WOULD BE BIAS IN MY OPINION. BUT, BUT WE ARE, WE, WE, WE GO ABOVE AND BEYOND WITH SECURITY. WE COVER EVERY SQUARE INCH OF OUR LOTS IN SECURITY AT THIS LOCATION. WE WILL HAVE AN ARMED SECURITY GUARD 12 HOURS EVERY SINGLE DAY. UM, MOST OF THE TIMES FOR OUR SECURITY GUARDS, WE, WE STARTED A PROGRAM TO WHERE THEY'RE ACTUALLY QUICKTRIP EMPLOYEES. WE GO HIRE, UH, RETIRED POLICE OFFICERS AND THEY DIRECTLY WORK FOR QUICKTRIP AND THEN THEY END UP WORKING IN OUR STORES. IF THAT PROGRAM HASN'T ROLLED OUT BY THE TIME, IF WE WERE TO OPEN THE STORE, UM, WHAT WE WOULD DO IS HIRE OFF-DUTY POLICE OFFICERS. MOST OF THE TIME THAT WORK, THAT 12 HOUR SHIFTS, UM, WE CAN DEDICATE, UM, SIDEWALKS. THEY TALKED ABOUT, YOU KNOW, CHILDREN MAY USE THE SITE TO WALK ACROSS. UM, WE CAN ALWAYS DEDICATE A SIDEWALK, YOU KNOW, WE'RE ALREADY GONNA BUILD ONE ON RENO. WE CAN MAKE THAT A LITTLE WIDER AND EXTEND IT ALL THE WAY OUT TO WALTERS SO THAT THERE IS AN ALTERNATIVE ROUTE. UM, THAT WAS THE FIRST I HEARD OF THAT. SO, SO WE ARE DEFINITELY OPEN TO THAT. THAT'S SOMETHING I CAN TALK ABOUT WITH THE CONTINUANCE WITH THE COMMUNITY, UH, TO RESOLVE THERE. UM, IN THE HOME STRUCTURES, I, I HAVE ACTUALLY, UH, CONTACTED A CONSULTANT, UH, WHO'S KNOWN FOR, FOR MOVING HISTORIC HOUSES IN THIS AREA IN THE PEARL AREA. AND HE HAS ACTUALLY EXAMINED ALL OF 'EM FOR, FOR RELOCATION PURPOSES. HE WOULDN'T WANNA RELOCATE, BUT SALVAGING WOULD BE SOMETHING THAT WE DO. SO WHAT WE WOULD DO IF WE WERE TO PURSUE THIS LOCATION IS WE WOULD SALVAGE ALL THOSE HOUSES SO THAT THOSE MATERIALS ARE ALL BEING REUSED. UM, HOMELESS AND LOITERING. UH, WE HAVE VERY STRICT POLICIES IN OUR STORES. WE DON'T HAVE ANY LOITERING. I'D LIKE FOR ONE STORE IN SAN ANTONIO TO BE POINTED OUT WHERE A HOMELESS MAN IS, UM, YOU KNOW, HANGING OUT ON OUR PROPERTY OR ANY TYPE OF LOITERING. WE ARE VERY GOOD AT THAT WITH OUR SECURITY AND ARMED GUARDS AND OUR HIGHLY TRAINED EMPLOYEES. UH, AND ON THE EMPLOYEES IT WAS MENTIONED, YOU KNOW, THE $10 AN HOUR, UH, FOR THE QUICKTRIP WON'T, WON'T DO A LOT FOR THE COMMUNITY. I DID JUST WANNA NOTE THAT, THAT WE, WE ARE BIGGER THAN A GAS STATION. I MEAN, OUR STARTING ASSISTANTS START OUT MAKING AROUND 45,000 A YEAR. SO, SO WE'RE NOT GETTING PEOPLE TO COME WORK FOR US AND PAYING A MINIMUM WAGE OR ANYTHING OF THAT NATURE. UM, AND SO WITH THE DISPLACED TENANTS, YOU KNOW, THAT'S, THAT'S THE RECURRING CONCERN. THAT WAS MY NUMBER ONE CONCERN WHEN LOOKING AT THIS SITE FOR, FOR SITE SELECTION PURPOSES. FOR A QUICK TRIP, UH, YOU KNOW, I, I LOOKED AT IT AND THIS IS THE ONLY SITE IN ALL OF 30, ALL OF 35 THROUGHOUT SAN ANTONIO. THIS IS THE ONLY HARD CORNER THAT HAS RESIDENTIAL, UH, ON, ON, ON PRIMARY ARTERY. SO WALTERS, UH, YOU TALK ABOUT NEW BRAUNFELS ARTERIES LIKE THAT, THAT CROSS 35, THIS IS THE ONLY ONE WITH RESIDENTIAL EXISTING. AND SO THAT'S WHAT KIND OF BROUGHT ME TO IT WHEN I SELECT DIDN'T, AND IT WAS ALWAYS A CONCERN OF OURS, WAS THE TENANTS. SO IT'S BEEN A, A TOUCHY SUBJECT FOR, FOR, FOR US AND EVERYONE, UH, FOR US, YOU KNOW, WHEN YOU HAVE A CONTRACT, THERE'S A LOT OF CONFIDENTIALITY IN THERE TO WHERE I COULDN'T GO DIRECTLY TO THE TENANTS NOW WITH IT GETTING ESCALATED TO THIS SITUATION, YOU KNOW, IT'S, IT'S REALLY GIVEN LEVERAGE TO, UM, THE SELLER AT THIS POINT AND US WORKING TOGETHER TO REALLY RESOLVE THE MATTER. AND, YOU KNOW, THEY'VE BEEN MEETING WITH 'EM, NOT HAVING TO RELY ON THEM FOR A LOT OF INFORMATION. SO WHAT ALL I LIKE TO DO IN THE MEANTIME AS WELL IS HAVE A MEETING TOWARDS ALL THE TENANTS WITH ME THERE, WITNESSING IT, SO THEY'RE HEARING IT FROM MY MOUTH AS WELL. UM, SO I THINK IT WOULD DO A LOT OF GOOD. BUT OVERALL, [02:05:01] I APPRECIATE, UH, EVERYBODY'S TIME, EVERYBODY'S INPUT, AND, UH, I LOOK FORWARD TO COMING BACK. SO THANK YOU. THANK YOU. COMMISSIONER MCDANIEL. UM, NOT HEARD FROM COMMISSIONER TOSON, SO I REALLY DON'T HAVE ANY DIRECTION FROM DISTRICT TWO TODAY, BUT IN LIGHT OF THE FACT THAT THE APPLICANTS ARE WILLING TO EXTEND DISCUSSION AND I WHOLEHEARTEDLY SUPPORT THAT, I WOULD ENCOURAGE THE COMMUNITY TO, UH, BE SURE THAT YOU ATTEND MEETINGS. BE SURE THAT YOU COMMUNICATE WITH COMMISSIONER ON YOUR VIEWS ABOUT THIS CASE. UH, WITH THAT, UM, I WOULD LIKE A CLARIFICATION. WOULD THE APPLICANT WANT TO CONTINUE TO DECEMBER 17TH OR THE FIRST MEETING IN JANUARY, STAFF? WHAT WOULD THAT DATE BE? JANUARY THE 21ST. SO WITH THAT, I WILL MAKE A MOTION TO CONTINUE CASE ITEM, I'M SORRY, ITEM NUMBER 10 TO JANUARY 21ST. SECOND, SORRY. THE PUBLIC HEARING IS, UH, IT'S, UH, IS CONCLUDED AT THIS TIME. SO, UM, WE HAVE A MOTION, UH, FOR A CONTINUANCE TILL JANUARY 21ST WITH THE SECOND ON THE FLOOR. ANY DISCUSSION? COMMISSIONER WHITE? YEAH, I SEEING AS, AS THE APPLICANT, I GUESS HAS ASKED FOR, FOR A CONTINUANCE, I'M HAPPY TO, TO SUPPORT THE MOTION FOR A CONTINUANCE, BUT I'LL JUST PUT ON THE RECORD RIGHT NOW, I DON'T REALLY SEE THE NEED FOR A CONTINUANCE. I THINK WE'VE HEARD THE DEBATE TODAY. I THINK IT'S AN APPROPRIATE, UH, CASE, UH, FOR THE REZONING THAT'S BEING, UH, REQUESTED. UH, BUT THAT SAID, I GUESS WE'LL WAIT UNTIL, UH, JANUARY IF THE, IF THE MOTION PASSES. OKAY. THANK YOU COM. COMMISSIONER HUEY? YES, I HAVE A QUESTION FOR STAFF. ON NOVEMBER 5TH, WE HAD CONSIDERED A CASE THAT WAS ADJACENT TO THIS, UH, LOT IN QUESTION AND IT WAS RECOMMENDED, UM, AT THAT TIME BY THE STAFF FOR DENIAL TO GO FROM R SIX TO N C. WHAT WAS THE FINAL? CAN YOU PLEASE REFRESH YOUR MEMORY ON WHAT THE FINAL RESOLUTION WAS ON THAT? UM, AT ZONING COMMISSION, THAT CASE THAT YOU'RE REFERRING TO WAS, UM, RECOMMENDED DENIAL WITH THE ALTERNATE FOR, UM, CONDITIONAL USE FOR THE PROFESSIONAL OFFICE. R SIX WAS A CONDITIONAL USE FOR PROFESSIONAL OFFICE, AND IT ALSO CAME WITH, UM, UM, RESTRICTIONS ON THE MONDAY THROUGH FRIDAY WITHOUT A SUNDAY OR SATURDAY, SATURDAY OR SUNDAY OFFICE HOURS. BUT AT PLANNING COMMISSION IT WAS, UM, HELD JUST LAST WEEK AND IT WAS RECOMMENDED FOR APPROVAL. SO IT MOVES FORWARD TO COUNCIL IN JANUARY AS BEING APPROVED, RIGHT. RECOMMENDATION OF DENIAL FROM ZONING COMMISSION WITH AN ALTERNATE RECOMMENDATION OF THE R SIX CD FOR THE PROFESSIONAL OFFICE, AND THEN PLANNING COMMISSION'S RECOMMENDATION FOR APPROVAL OF THEIR PLAN AMENDMENT. IT, IT GOES DECEMBER 5TH. OH, IT GOES DECEMBER 5TH. OKAY, THANK YOU. OKAY, ANY OTHER COMMISSIONER'S? COMMISSIONER GIBBONS? WELL, I DO APPRECIATE EVERYBODY COMING OUT AND GIVING YOUR HEARTFELT, UM, CONCERNS ABOUT THIS. WE DO HAVE A QUICK TRIP GOING OVER IN MY NEIGHBORHOOD ON BLANCO AND PARLIAMENT. UM, WHEN I LOOK AT THE DIFFERENT, UM, GAS STATIONS ON AROUND YOUR NEIGHBORHOOD, I DON'T, I, I WOULD NOT GO TO ONE OF THEM. I WOULD GO TO QUICK TRIP. I THINK THAT THERE'S SOMETHING SAFER THERE. AND THAT BEING IN MY NEIGHBORHOOD, I DON'T GO TO THE CIRCLE K I GO TO THE QUIKTRIP. UM, I HOPE THAT YOUR DISCUSSION WILL BE ABOUT HOW YOU WILL BE A WELCOMING PARTY TO A DEVELOPMENT THAT IS BRINGING SIGNIFICANT, UM, ASSURANCES TO YOUR NEIGHBORHOOD AS IT HAS FOR OURS. UM, SO I HOPE YOU'RE OPEN-MINDED TO THAT. UM, I WOULD'VE VOTED FOR THE CASE TODAY, UM, BEING WHERE IT'S LOCATED ALONG 35. UM, BUT I ALSO THINK THAT YOU'RE, THERE'S A, UM, BENEFIT THAT'S COMING TO THE NEIGHBORHOOD TO PROTECT IT, NOT HARM IT. SO I HOPE YOU CAN GO WITH THAT IN MIND. THANK YOU. ANY OTHER DISCUSSION? UH, COMMISSIONER ROMERO? UM, I WASN'T GONNA SAY ANYTHING, BUT I, I HAVE TO SPEAK ON THE OTHER SIDE. I, I AM PRETTY SHAKEN UP BY WHAT I'VE HEARD TODAY. I DEFINITELY WOULD NOT SUPPORT THIS TODAY AND I DON'T KNOW IF I'LL SUPPORT IT AT ALL. AND IT'S CONCERNING ME THAT EVERYBODY KEEPS TELLING THE NEIGHBORS HOW THEY HAVE TO COMPROMISE. THEY DON'T HAVE TO COMPROMISE. [02:10:03] COMMISSIONER SIPES, YES, I, THIS IS ACTUALLY A REALLY DIFFICULT CASE, WHICH BECAUSE I, I HONESTLY HAVEN'T DECIDED. UM, BUT I DO WANT TO MAKE A NOTE THAT I, I KNOW, UH, THERE WAS A MENTION THAT NO ONE WOULD EVER BUY THIS PROPERTY FOR RESIDENTIAL, AND YET WE JUST MONTHS AGO, REZONED DOWN TO 35 FRONTAGE ROAD FOR RESIDENTIAL ON JUST MAYBE A HALF A MILE DOWN THE STREET, STREET FROM WHERE WE ARE HERE. SO I DO SEE THAT AS A POSSIBLE OPTION IN THE FUTURE. I, I DON'T KNOW, BUT LIKE I SAID, THIS IS A, THIS IS A GOOD TROUBLING CASE AND SO I AM GLAD THAT, UM, WE ARE ASKING FOR A CONTINUANCE. THANK YOU COMMISSIONER MCDANIEL. SO, UH, HAVING MOTIONED FOR ON BEHALF DISTRICT TWO, LET ME JUST SPEAK FROM MY PERSPECTIVE AS WELL. AND I AGREE WITH MY COLLEAGUE HERE. I AM HORN FIRST OF ALL BECAUSE THIS IS A RESIDENTIAL QUARTER AND IT WAS THERE BEFORE COMMERCIAL DEVELOPMENT EVER CAME AROUND DOWN THE ROAD. AND WE HAVE FAMILIES THAT HAVE LIVED THERE FOR YEARS. AND WHEN WE TALK ABOUT DISPLACING FAMILIES, THAT GIVES ME GREAT PAUSE. UM, I, I UNDERSTAND AND I SUPPORT DEVELOPMENT IN CERTAIN CASES. I'M NOT SURE THAT THIS IS THE RIGHT LOCATION JUST BECAUSE OF WHAT IT'S GOING TO TAKE TO ACCOMPLISH THIS. SO I WILL BE GIVING THIS A LOT OF THOUGHT. I WILL LOOK TO THE NEIGHBORS TO SEE, UM, WHAT YOU MIGHT WORK OUT AS FAR AS YOUR CONCERNS. I I DON'T KNOW ANYTHING ABOUT DISPLACEMENT PACKAGES AND THAT'S REALLY HAS NOTHING TO DO WITH OUR DECISIONS, BUT JUST KNOWING THAT WE WERE ACTUALLY GOING TO HAVE TO ROOT WHAT FAMILIES AND MOVE THEM TO DO THIS. I, I, I JUST, I DON'T HAVE A LOT OF CONFIDENCE IN THAT RIGHT NOW. SO I DO URGE YOU TO WORK WITH EVERYBODY TO SEE WHAT YOU CAN WORK OUT. UM, AND I'LL HAVE TO GIVE THIS A LOT OF THOUGHT. THANK YOU. IF THERE'S NO OTHER DISCUSSION, ROLL CALL, VOTE PLEASE. COMMISSIONER MCDANIEL? YES. COMMISSIONER ROMERO? YES. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER WHITE? YES. COMMISSIONER S SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER HUEY? YES. AND COMMISSION. AND MADAM CHAIR? YES. MOTION PASSES. IF, IF, IF, UM, WE'LL TAKE A, UM, A FIVE MINUTE, UH, RECESS PLEASE. IT'S CURRENTLY, UH, UH, WE'LL SAY IT'S THREE 20. WE'LL, UH, TRY TO JOIN BACK ABOUT 3 25. THANK YOU EVERYONE. IF EVERYONE COULD HAVE THEIR SEATS PLEASE. WE'RE GONNA GO AHEAD AND, UH, GO BACK INTO SESSION. THANK YOU. LORIANNE. YOU'LL HAVE TO TURN ON THE MIC ALL. AND [11. 19-8778 ZONING CASE Z-2019-10700281 S (Council District 1): A request for a change in zoning from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-5 S AHOD" Residential Single-Family Airport Hazard Overlay District with Specific Use Authorization for Licensed Child Care on Lot 15, Block 15, NCB 12083, located at 259 Millwood Lane. Staff recommends Approval. (Lorianne Thennes, Planner (210) 207-7945, lorianne.thennes@sanantonio.gov, Development Services Department)] THIS IS ITEM 11. ALL RIGHT. GOOD AFTERNOON COMMISSIONERS. LORIANNE 10 PLANNER WITH DEVELOPMENT SERVICES. THIS IS ITEM NUMBER 11, LOCATED AT 2 59. MILLWOOD LANE IS A REQUEST TO CHANGE THE ZONING FROM R FIVE TO R FIVE S WITH A SPECIFIC USE AUTHORIZATION FOR LICENSED CHILDCARE. 27 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. ZERO WERE RETURNED IN FAVOR. THREE WERE RETURNED IN OPPOSITION. AND SHEER HEIGHTS SLASH RIDGEVIEW NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. STAFF HAS NOT FOUND LIKELY EVIDENCE OF, SORRY. STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS ZONING CHANGE REQUEST. THE REQUESTED ZONING MAINTAINS THE BASE ZONING WITH A SPECIFIC USE AND THE APPLICANT IS TIED TO THE SITE PLAN. STAFF RECOMMENDS APPROVAL. THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS. THANK YOU. THANK YOU. MAY WE HAVE THE APPLICANT PLEASE? MY NAME IS ALICIA CLEN AND I'M REPRESENTING, UM, NEIL LYONS AND, UH, EVELYN EVELYN LYONS, WHICH THEY ARE MY PARENTS. UM, WE ARE, UM, WE PUT A HOME CHILDCARE IN A LOW DENSITY RESIDENTIAL AREA, UM, WITH A CERTAIN IMPACT COMMUNITY, UM, SUCH AS CHURCHES, PARKS. AND SO WE, WE WANTED, UM, TO ADD A HOME CHILDCARE. IT'S, IT'S NOT US INTENDED FOR DAYCARE CENTER. IT'S A VERY DIFFERENT FROM A DAYCARE CENTER. OUR, OUR, UM, OUR HOME CHILDCARE IS LIKE WE'RE [02:15:01] GIVING A PART OF OUR HOME TO THE CHILDREN, WHICH WE, WE, WE SET IT UP AS A LEARNING, UM, FOR LIKE THE TOYS, UM, CERTAIN, LIKE FOR THEIR SENSORY AND COGNITIVE. SO THAT'S WHY WHEN EVERY, EVERY PARENT SEES IT, THEY REALLY LIKED IT. UM, WE NEVER THOUGHT THAT WE WERE GONNA, YOU KNOW, A LOT OF PARENTS WERE GONNA REQUEST SERVICE FROM US. THAT'S THE REASON WHY. UM, WE WANTED TO, UM, OUR, OUR PERMIT RIGHT NOW IS UNREGISTERED PERMIT LICENSE. UM, WHICH IT REQUIRES US AS LIKE MIXED GROUP FROM INFANT TO FIVE YEARS OLD. UM, INFANT TO SCHOOL AGE. SO THE STATE, UH, UH, ALLOW US TO CARE FOR CHILDREN UP TO 12 KIDS, WHICH THEY WENT TO OUR HOUSE, UM, FOR SIX HOURS OF INSPECTIONS. THEY, THEY REALLY INSPECTED EVEN AT THE BACKYARD WITH THE FENCES OF THE HEIGHT, UM, THE HEIGHT OF THE FENCES. NOW, UM, THE REASON WHY WE WANTED TO HAVE A LICENSED DAYCARE IS BECAUSE WE WANT, UH, WE WANTED TO CARE FOR MORE LIKE, UM, SMALL GROUPS OF CHILDREN, WHICH IS THE PRE-TAUGHT TO TODDLERS. UM, RIGHT NOW WE HAVE ONLY TWO INFANTS. TWO INFANTS. AND UM, WE HAVE PRE TODD AND ONE TODDLER, UM, FOR LIKE 10 KIDS. SO SOME OF THE PARENTS THERE ARE, UM, MOSTLY WORKING PARENTS WITH NO, UM, TRANSPORTATION MEANS OF TRANSPORTATION. THEY DON'T HAVE CARS, SO THEY'RE ONLY WALKING DISTANCE. MOST OF IT, OR MOST OF OUR CHILDREN ARE, OUR PARENTS ARE ARE NEIGHBORS. SO WE, WE REALLY, UM, WE THOUGHT THAT WE'RE MAKING AN IMPACT ON HELPING OUR COMMUNITY BECAUSE OF MOST OF OUR PARENTS ARE LOW INCOME FAMILIES AND WE DON'T CHARGE THEM AS HIGH AS SOME OF THE DAYCARE CENTERS. WE ARE ON A VERY LOW RATE. THAT'S WHY THE PARENTS ARE INSISTING AND WE HAVE A WAITING, A LONG WAITING LIST. THAT'S THE REASON FOR THIS LICENSE. AND, UM, WE NEVER THOUGHT THAT WE WERE GONNA GO THROUGH THIS ZONING BECAUSE OF THE CHILD. UM, THE DEPARTMENT OF FAMILY CHILD SERVICES NEVER, UH, INSISTED OF ZONING WHEN WE, UH, APPLIED FOR THE REGISTERED. IT'S JUST THAT WE, WE NEED LIKE A FIRE MARSHAL TO, TO CHECK OUR PREMISES AND THEN, UH, WE NEED TO DO THE ZONING TOO. THAT'S WHAT THEY TOLD US. BUT IN TERMS OF LIKE, UM, INTENTION, LIKE PERSONAL INTENTIONS WITH, YOU KNOW, WE'RE ONLY THINKING ABOUT OUR, OUR, OUR OURSELVES. THAT TO EARN MONEY, WE REALLY, WE REALLY DON'T OUT OF THAT AT THE FIRST PLACE. 'CAUSE MY MOM IS AN A, UM, SHE'S AN AGING WOMAN AND, UM, SHE IS, THEY'RE ONLY LIVING THERE, THE TWO OF THEM. SO INSTEAD OF, UM, ME ALWAYS GOING OFF AND ON WITH MY WORK, I REALLY WANTED TO TAKE CARE OF HER. AND WE THOUGHT OF, YOU KNOW, JUST TO CONVINCE MY, YOU KNOW, NOT TO STOP MY INCOME THERE. AND SHE, SHE SAID THAT, OKAY, WE'LL WE'RE GONNA TAKE, YOU KNOW, GET SET UP AT HOME CHILDCARE IN THAT WAY. WE CAN HELP PEOPLE HERE TOO. 'CAUSE SOME OF OUR FRIENDS THERE, OUR NEIGHBORS, WE DON'T HAVE AT HOME CHILDCARE IN OUR NEIGHBORHOOD. WE'RE THE ONLY ONE IN THAT AREA WHO HAS A HOME CHILDCARE. AND, UH, THAT'S, I THINK THAT'S ABOUT IT. THANK YOU. THANK YOU. THANK YOU. IS THERE ANYONE SIGNED UP TO SPEAK? ALICIA, THAT IS YOU. OKAY. UM, JIM SMITH. GOOD AFTERNOON, MS. CHAIRMAN AND MS. SUMMER AND MEMBERS OF THE ZONING COMMISSION. MY NAME IS JIM SMITH. NO RELATIONSHIP TO JIM STREET FROM THE LAST CASE. UM, I LIVE AT SIX 13 OBLATE. I'M THE CHAIR OF THE SHER HILLS RIDGEVIEW NEIGHBORHOOD ASSOCIATION PLANNING AND ZONING COMMITTEE. I WANT TO READ MY STATEMENT BECAUSE I CAN DO IT IN TWO MINUTES AND 15 SECONDS IF KAT WILL TIME ME. THE PLANNING AND ZONING COMMITTEE OF THE SHER HILLS RIDGEVIEW NEIGHBORHOOD ASSOCIATION HAS MET AND DISCUSSED THE INCIDENT APPLICATION FOR ZONING RELIEF. YESTERDAY, TWO MEMBERS VISITED THE SITE AND INSPECTED THE ACTIVITY. WE HAVE UNANIMOUSLY VOTED THAT THE PROPOSED APPLICATION BE DENIED FOR THE FOLLOWING REASONS. ONE MCCULLOUGH AVENUE IS A COMPLETELY RESIDENTIAL STREET [02:20:01] FROM EAST RAMPART ALL THE WAY TO THE CITY OF ALMOS PARK, EXCEPT FOR ON OBLATE AND MCCULLOUGH. THERE'S A SIX UNIT COMMERCIAL, UH, NEIGHBORHOOD SHOPPING CENTER WITH A DOMINO'S PIZZA AND A QUICK STOP. HOWEVER, THERE'S, THANKS TO OUR EFFORTS, THERE'S BEEN NO OTHER COMMERCIAL INTRUSIONS ON THAT LONG RESIDENTIAL AVENUE. UM, IT'S, IT'S, IT'S A WONDERFUL TRIP TO COME FROM NORTH STAR MALL AND A CONGESTION AND ALLOW THE COMMERCIAL SPACE WE HAVE AND THEN FIND A RESIDENTIAL STRIP THAT, THAT INVITES PEOPLE TO COME TO THE NEIGHBORHOOD AND SEE THE NEIGHBORS ON THE SIDES AND TO BUY HOUSES. AND WE'RE GOING THROUGH A GREAT BUILDING. BOOM. SO THE PROBLEMS WE HAVE WITH MCCULLOUGH AVENUE IS THAT IT'S 35 MILE AN HOUR SPEED LIMIT AND THEY HAVE A BACKOUT DRIVEWAY WHERE THEY STAGE THEIR ACTIVITIES. SO WE HAVE PEOPLE THAT COME TO THIS FACILITY TO DROP THEIR CHILDREN OFF AND THEY ACTUALLY STAGE IT BECAUSE THE, THE FACILITIES IN AN OLD CONVERTED GARAGE, IT'S ATTACHED IN THE BACK OF THE HOUSE AND THERE'S A TWO DOUBLE WIDE DRIVEWAY. YOU CAN SEE IT RIGHT THERE ON THE MAP. AND THERE'S ALSO MILLWOOD DUMPING OUT THIS WAY AND MILLWOOD GOING THE OTHER DIRECTION. SO THERE'S A LOT OF STREET ACTIVITY GOING ON RIGHT THERE. NOW THE PROBLEM, I LIVE ON OBLATE, I HAVE THE SAME ISSUE EXCEPT WE HAVE A CALMING LANE INSTEAD OF A TRAFFIC LANE, SO WE CAN BACK OUTTA MY SPACE SAFELY. THE PROBLEM WITH THIS IS AT RUSH HOUR AND, AND MANY TIMES OF THE DAY, PEOPLE BACK OUT AND SOMEBODY'S GONNA GET CLIPPED. AND GUESS WHO GETS HURT? THE CHILDREN IN THE BACKSEAT. IF THEY COME AROUND THE CORNER AND PARK IN FRONT OF THE HOUSE FOR A DISCHARGE AND EXCESS, YOU HAVE ANOTHER PROBLEM. BECAUSE IF SOMEBODY'S MAKING THIS TURN, I TRIED IT TODAY WHEN I MADE A PICTURE OF THE CAT AND SHOW US HOW ENOUGH TIME YOU'RE GONNA CLIP THAT DOOR, YOU DON'T SEE IT. SO THIS IS NOT A SUITABLE LOCATION FOR ANY DAYCARE MATTER OF, RIGHT OR NOT. WE ALSO HAD SOME PROBLEMS WITH THE INTERIOR AND THE WAY THEY'RE RUNNING IT. UM, WE THINK IT'S DANGEROUS FOR THE PROPOSED USE. UM, YESTERDAY, EVEN THOUGH SHE ONLY HAS A LICENSE FOR SIX, THERE WERE 10 CHILDREN IN THERE AND IT WAS PRETTY CHAOTIC. THEY DON'T HAVE A A, AN INFIRMARY OR A, I I WENT TO GOOGLE BECAUSE I DON'T KNOW A LOT ABOUT HOME DAYCARE AND, AND DAYCARE IN GENERAL, BUT I STUDIED HUNDREDS OF PLANS. NOT HUNDREDS, BUT I LOOKED AT HUNDREDS THAT WERE AVAILABLE AND THEY ALL HAD CERTAIN THINGS IN COMMON. ONE WAS THAT THEY HAVE A QUIET ROOM OR AN INFIRMARY SO THAT IF A CHILD IS SICK, ALL THE, ALL THE KIDS DON'T GET SICK. SO WE'RE CONCERNED ABOUT THAT AS WELL. UM, THERE'S ALSO ONLY ONE ROOM AND A RESTROOM. THERE'S NOT OTHER THINGS WITH IT. NOW WE ADMIRE THAT THESE PEOPLE HAVE TAKEN THE TIME AND TROUBLE TO START SOMETHING AND THEY HAVE A MATTER OF RIGHT FOR SIX, BUT WHEN YOU GROW TO A CERTAIN SIZE, YOU GOTTA MOVE ON. YOU GOTTA GO TO A COMMERCIAL SPACE. AND THAT'S WHAT WE EXPECT. WE DO NOT SUPPORT THIS APPLICATION. UM, I, I GOT OFF MY WRITTEN TOPIC. I SHOULD HAVE READ IT. IT WOULD'VE MADE MORE SENSE. AND WE THAT'S THREE MINUTES. THAT'S THREE MINUTES. OKAY. SO THANK YOU VERY MUCH AND, UH, THANK YOU FOR YOUR CONSIDERATION AND WE REALLY DON'T WANT IT. THANK YOU. THAT'S ALL THAT SIGNED IN TO SPEAK. OKAY. COMMISSIONER GREATHOUSE? YES. I HAVE A FEW QUESTIONS FOR THE APPLICANT. YES, MA'AM. ALRIGHT. UM, COMMISSIONER GREATHOUSE, MY APOLOGIES. UM, YOU, YOU GET A CHANCE FOR A RESPONSE, UM, AFTER YEAH, HE IS, MA'AM. UM, OKAY. THANK YOU. WITH REGARDS TO WHAT, UM, TO THE, UM, THE SICK CHILD THAT WE DON'T HAVE AN ISOLATE. WE REALLY DON'T WANT AN ISOLATION ROOM. UM, WHEN A CHILD IS SICK, WE, WE, WE ARE CHECKING THE KIDS BEFORE, AFTER THEY'RE BEING DROPPED OFF. AND, UH, THAT'S IN OUR, IN OUR GUIDELINES. THE, THE PARENTS KNOW THAT WE TAKE THEIR TEMPERATURE, WE SEE IF THERE ARE RUNNY NOSES FOR FOUR DAYS. THEY WILL, WE WILL GONNA CALL THE PARENTS AND WE WILL GONNA ASK THEM TO PICK THEIR CHILD UP WITHIN AN HOUR AND, UM, TAKE IT TO THE DOC, TAKE THEM TO THE DOCTOR FOR A CHECKUP, AND THEN, UH, WITHIN THE 24 HOURS, THEY WILL BE BACK WITH THE DOCTOR'S NOTE. UM, NOW IF THE THE CHILD IS HAVING A TEMPERATURE OF 101, UM, DEGREE, THEN WE WILL NEED TO CALL THE PARENTS AS WELL WITHIN THE AN AN HOUR. AND THE PARENTS VERY KNOW, UH, YOU KNOW, THEY KNOW THAT, THAT THEY NEED TO PICK THEIR KIDS UP. SO WE DON'T, I, WE ARE AGAINST, UM, THE ISOLATION ROOM. IT'S BECAUSE OF, UM, THE KIDS WE'RE GONNA FEEL [02:25:01] LIKE THEY, THERE'S SOMETHING WRONG. UM, EVEN WE ARE WITH THEM IN THE ROOM, THEY WERE GONNA FEEL LIKE THERE'S SOMETHING WRONG WITH BECAUSE, UM, SOME, THEIR FRIENDS ARE THERE OUT THERE PLAYING, LEARNING AND THEM IN THE ROOM. SO WE, WE DID NOT PUT ANY ISOLATION ROOM. AND, UH, THE, THE TEXT, THE STATE KNOWS THAT WHEN THEY, UH, WHEN THEY CHECK OUR, UM, OUR FACIL OUR, OUR HOME NOW, UM, WE DON'T CARE. WE REALLY DON'T, UM, PUT OUR, A DAYCARE CENTER. WE ARE NOT LIKE A DAYCARE CENTER THAT EACH CHILD HAS A ROOM FOR AGE. WE ARE A MIXED GROUP FROM INFANT TO THREE YEARS OLD. UM, WE ARE NOT ONLY HOME CHILDCARE, WE'RE NOT JUST CARING. UM, WE ARE, UM, CERTIFIED PRESCHOOL TEACHERS. ALL OF US. EVEN MY AGING MOM, SHE, UH, SHE DID A TRAINING. UM, WE, WE HAD A LESSON PLAN FOR TODDLERS AND PRE TODDS. UM, THAT'S, UH, WITH THE, WITH THE ONE RESTROOM, WE ARE NOT, UM, WE ARE ONLY, WE ARE ONLY ALLOWED, OR IT'S GIVEN THAT UNDER 12 KIDS YOU CAN ONLY HAVE ONE RESTROOM. AND ALL OF OUR KIDS, THERE ARE ONLY TWO POTTY TRAINS. THEY ALL HAVE. UM, WE, WE HAVE A DIAPER CHANGING TABLE NOW IN, UH, IN, UH, IN REGARDS TO THE BACK, UM, TO THE BACK DOOR WHERE THE PARKING, UM, WE'VE BEEN, UM, IN OPERATION FOR A YEAR NOW, ACTUALLY IT'S OUR YEAR ANNIVERSARY. UM, THERE IS NO ACCIDENT YET. THAT IS, IT'S VERY SAFE BECAUSE THE PARENTS TAKE TIME, THEY MOVE OUT WHEN EVERYTHING IS CLEAR. AND JUST AS WELL AS THE, THE MCCULLOUGH IS, UM, IS NOT REALLY THAT, UM, WHEN THE PARENTS ARE PICKING THEM UP, BECAUSE WE ARE ONLY UNTIL FIVE 30. IT'S NOT REALLY LIKE SOME OF THE PARENTS PICKING THEM UP AT THREE, AT TWO, WHICH, UM, THERE IS STILL SCHOOL HOURS AND THEY'RE NOT, THE, THE CARS ARE NOT THAT FAST YET. UM, IN REGARDS WITH THE, THE REGISTERED, UM, WE HAVE, WE ARE APPLYING FOR THE LICENSE TO HAVE THIS, UM, TO ACCOMMODATE ALL THESE PARENTS WHO ARE REQUESTING SERVICE. UM, THAT'S THE REASON WHY WE HAVE, I AM REQUESTING, UM, IF YOU WILL, GONNA MAKE A CONSIDERATION, NOT JUST FOR US, BUT FOR THE PARENTS WHO ARE GONNA LOSE THE SERVICES FROM US BECAUSE THEY REALLY LOVE GOING THERE. UM, THEY PULL THEIR, THEIR, THEIR KIDS FROM THE CENTER BECAUSE THEY DON'T LIKE THE CENTER. THEY WANT THE HOME CHILDCARE, WHICH IS, WE TAKE CARE OF THEM JUST LIKE AS THEY DO. IT'S NOT LIKE, UM, UM, IT'S LIKE WE, WE TAKE CARE OF THEM ONE-ON-ONE. IT'S LIKE REALLY LIKE A FAMILY. SO THE, THE KIDS ARE HAPPY THERE. THANK, THANK YOU. YES, MA'AM. OKAY. COMMISSIONER GREATHOUSE? YES. THANK YOU. AND THANK YOU FOR ALL OF THE INFORMATION. UM, I DO HAVE A FEW MORE QUESTIONS. UM, SO YOU MENTIONED YOUR, UM, YOUR HOURS, YOU'RE OPEN UNTIL FIVE 30. WHAT TIME DO YOU OPEN IN THE MORNING? AT FIVE 30? 5:30 AM YES, MA'AM. UNTIL 5:30 PM YES, MA'AM. OKAY. TO ACCOMMODATE THE, THE PARENTS WHO'S WORKING SO EARLY. AND, UH, SOME OF THE PARENTS ARE TAKING THE BUS, SO THEY DROP THEIR, THEIR KIDS AT AS, AS EARLY AS 5 45. SO WE'RE OPEN AT FIVE 30 FOR THEM. OKAY. UM, AND SO DO, DO YOU HAVE PARKING SPACES AVAILABLE? SO I, I UNDERSTAND. SO I GUESS FIRST, DOES SOMEONE LIVE IN THIS AS A HOME? YES, MA'AM. 24 HOURS. UM, IT'S MY PARENTS. THEY'RE THE ONLY TWO BEFORE ALL OF US LIVES THERE. HOWEVER, UM, KIDS, UH, WENT TO, UM, LIKE THE DISTRICT OF CHURCHILL, UM, THE, THE NORTHEAST IS D SO THEY GO, WE, WE ALL GO BY THE, BUT STILL, THEY'RE STILL LIVING THERE. MY PARENTS, UM, NEIL LIONS AND E EVELYN LIONS, IT'S STILL THEIR HOUSE. THAT'S THE REASON WHY WE ONLY HAVE THAT CERTAIN SPACE BECAUSE OF MY AGING STEPFATHER WANTS THE LIVING ROOM FOR HIM. SO , HE CANNOT LOSE HIS, UH, HIS RECLINER AND HIS TV. OKAY. UM, AND SO HOW MANY PARKING SPACES DO YOU HAVE AVAILABLE FOR EITHER EMPLOYEES OR, UM, PARENTS WHO ARE DROPPING OFF THEIR CHILDREN? RIGHT NOW? WE, WE, WE, UM, FOR THE, WELL, THERE IS NO EMPLOYEES. IT'S, IT'S JUST ME, MY MOM, AND MY SON, WHICH, UH, WE HAVE CARS AND WE, WE PARK IT JUST AS USUAL WITH THE OTHERS ON THE SIDE ROAD, UH, IN FRONT OF OUR HOME. AND THEN THE PARENTS WE'RE GONNA GO THROUGH THE, THE PARKING GARAGE, WHICH IT CAN, UH, IT CAN, IT CAN ACCOMMODATE FOUR CARS. [02:30:02] SO IS THAT FOUR CARS? UM, DOUBLE, DOUBLED. DOUBLE, SO, RIGHT. SO, SO THEN THEY WOULD BE, YOU WOULD BE BLOCKING IN TWO. BUT THE, THE REASON WHY IS NOT REALLY A PROBLEM, UM, IS BECAUSE THE PARENTS DOESN'T GO ALL AT THE SAME TIME. IT'S INTERMITTENTLY. 'CAUSE SOME OF THE PARENTS ARE 5 45, SOME OF THE PARENTS ARE SIX 30 AND UM, MOST OF THEM ARE 8 30, 9 30, 10 30 IS THE MOST. OKAY. AND THAT'S, THAT'S YOUR CURRENT OPERATION? YES, MA'AM. RIGHT. UM, AND SO, AND HOW MANY CHILDREN DO YOU CURRENTLY HAVE IN YOUR CARE? 10. YOU HAVE 10? YES. OKAY. ARE YOU USING ANY OUTDOOR AREAS FOR YES, WE DO HAVE A BIG BACKYARD FOR THE KIDS. NOW THE REASON WHY I DON'T USE, WE HAVE A DOOR ACCESS AT THE, AT THE NOT GOING OUT OF THE DRIVEWAY. UM, THE REASON WHY IS BECAUSE THE WASHER AND THE DRYER IS THERE, AND I DON'T WANT ANY HAZARD FOR THE KIDS WHEN THEY PASSED IT. SO WE, WE GUIDE THE KIDS. WE DON'T LET THEM, UM, GO BY THEMSELVES. WE ARE THREE PEOPLE WHO'S TAKING CARE OF THE KIDS THERE. SO ONE OF US ARE WAITING ALREADY ON THE, ON THE, ON THE GATE. AND THEN ONE OF US IS GUIDING THE KIDS GIVING IT TO ME. SO IT'S HAND BY HAND. UM, OUR KIDS ARE VERY GOOD. THEY DON'T RUN . I KNOW KIDS ARE KIDS, KIDS CAN RUN, BUT THOSE KIDS, THEY KNOW, UM, THAT WHEN THEY SEE IT, AND WHEN I TOLD THEM THAT THEY NEED TO, UM, GO WALK HAND IN HAND, UH, I DON'T SEE ANY DANGER WITH THAT BECAUSE WE ARE, UM, ON EYE ON THEM. SO THEN HOW, I GUESS, WALK ME THROUGH A LITTLE BIT ON WHAT YOU SAID YOU DON'T, YOU'RE NOT USING THE DOOR THAT GOES DIRECTLY YES. INTO THE YARD? YES. SO YOU'RE TAKING THEM WHERE THE OTHER DOOR? YES. UM, WE'RE TAKING THEM WHERE THE BACK DOOR IS AND THEN GOING IN THERE, WE HAVE A DOOR THAT'S ACCESSED, WHICH IT'S BLOCKED RIGHT NOW. AS YOU CAN SEE. UH, WE BLOCKED IT BECAUSE THERE'S A LOT OF, IT'S LIKE A STORAGE GOING OUT. BUT, SO WHAT I'M DOING IS WE HAVE LIKE, UM, ONCE THE KIDS GETS OUT, WE JUST GUIDE THEM. WE DON'T LET THEM JUST GO AND THEN LET THEM LIKE LOSE OUT. UM, WE, WE LET THEM LOSE OUT ONCE THEY'RE IN INSIDE THE FENCE. RIGHT. BUT THEY'RE NOT, AT SOME POINT THEY ARE OUTSIDE OF THE FENCE TO, IN ORDER TO GET INTO THE FENCED AREA. SO BETWEEN COMING FROM THE STRUCTURE FROM THE YES MA'AM. THE DAYCARE STRUCTURE AND GETTING INTO THE SECURED YES MA'AM. BACKYARD. YES, MA'AM. THEY, THERE IS NO FENCING THERE? YES, MA'AM. OKAY. HOWEVER, IF YOU WANT US TO USE THAT, WE CAN, UH, WE CAN DO SOMETHING ABOUT THAT TOO. I JUST DON'T WANT TO, YOU KNOW, FOR, FOR US TO, NOT TO BE CONSIDERED FOR THE ZONING, BECAUSE I REALLY LOVE THESE KIDS. UM, WE'VE BEEN WITH THEM SINCE JANUARY WHEN WE STARTED. UM, THESE KIDS REALLY GREW UP FROM US. THEY STARTED, I STARTED WITH THE TWO KIDS FROM SIX WEEKS AND THEY'RE NINE MONTHS. AND SOME ONE GIRL JUST TURNED A YEAR. YEAH. LAST, LAST FRIDAY. THANK YOU. THANK YOU. RIGHT. UM, YEAH. I HAVE ONE MORE QUESTION FOR YOU. SORRY. UM, IS THERE ANY SIGNAGE CURRENTLY THERE? ARE YOU PLANNING TO PUT ANY SIGNAGE? WE DON'T HAVE ANY SIGNAGE AT ALL. IT IS THAT SIGNAGE THAT'S SHOWING THAT IS AROUND JANUARY. I ALREADY TOOK IT OFF THAT, THAT SIGNAGE DOESN'T, DOESN'T, UM, EXIST NO MORE. THE ONLY SIGNAGE IS LIKE THE DOOR WITH A MAGNET, A SMALL MAGNET WITH OUR BACKYARD DOOR JUST TO SHOW THE PARENTS WHERE THEY'RE GONNA GO IN. OKAY. THANK YOU. NOW I HAVE SOME QUESTIONS FOR STAFF, SO YOU CAN, YOU CAN SIT DOWN. ALRIGHT, THANK YOU. UM, QUESTIONS FOR STAFF ON THIS. UM, WHAT IS THE CLASSIFICATION OF MCCULLOUGH? WHAT, WHAT KIND OF A STREET IS THAT? IT, IT IS CONSIDERED A SECONDARY ARTERIAL. OKAY. AND, UM, ARE THERE ANY REQUIREMENTS FOR PARKING FOR THIS TYPE OF AN OPERATION? THE MINIMUM PARKING REQUIREMENT IS ONE SPACE PER 375 SQUARE FEET OF GROUND FLOOR AREA. BUT THEIR G F A IS, I DON'T THINK I HAVE THEIR, UH, GROUND FLOOR AREA SQUARE FOOTAGE ON ME RIGHT NOW. OKAY. SO WE DON'T KNOW IF THEY MEET THE PARKING REQUIREMENTS FOR [02:35:01] THIS? UM, NO, WE DON'T. SINCE I DON'T KNOW THE EXACT SQUARE FOOTAGE. RIGHT. I DON'T HAVE IT ON ME RIGHT NOW. UM, I THINK IT'S ON THE SITE PLAN, BUT WE WOULD HAVE TO MATHEMATICALLY CALCULATE IT BASED ON THAT. OH, THANK YOU. WELL, WE DID GET THIS SITE PLAN JUST THE OTHER DAY, SO THAT'S THE ONE I PASSED OUT AT THE DAIS. SO WE'LL TRY TO GET THAT INFORMATION IF YOU HAVE OTHER QUESTIONS. OKAY. YEAH, BECAUSE I, IT THERE IS NO, NOT THAT I'M SEEING ON HERE. I'M NOT SEEING ANY, UM, SQUARE FOOTAGE ON THAT. SO IT SHOWS THAT THE HOUSE IS 1600 SQUARE FEET, BUT I'M NOT SURE OF THAT 1600 WHAT IS CHILDCARE AND WHAT IS RESIDENCE. OKAY. THANK YOU. ALRIGHT. UM, ANY, UH, COMMISSIONERS WITH QUESTIONS ON MY LEFT? COMMISSIONER GIBBONS, UH, FOR, FOR THE APPLICANT? SO, UM, YOU HAVE 10 CHILDREN AND THEIR AGES FROM WHAT TO WHAT? UM, NINE MONTHS. UM, I, MY YOUNGEST NOW TURNED NINE MONTHS. OKAY, SO NINE MONTHS TO YEAH, BEFORE SIX WEEKS NOW IN NINE MONTHS. AND, UM, OUR, OUR OLDEST IS THREE GOING FOUR ON JANUARY AND THE BUS GOES, UH, DOWN MCCULLOUGH. SO IT PASSES YOUR HOUSE. AND WHERE DOES IT DROP OFF? OR WAS THE BUS STOP? IS, IS IT THERE AT THE CORNER? IT'S A LITTLE BIT, I KNOW IT'S A LITTLE, UH, IT'S FURTHER IN OUR HOUSE. IT'S NOT, I THINK IT'S ACROSS. YEAH, IT'S BY THE, BY THE SCHOOL. OKAY. DO YOU HAPPEN TO KNOW, HOW DO CHILDREN WALK HOME FROM THE ELEMENTARY SCHOOL? THEY GO PAST YOUR HOUSE? YES MA'AM. THERE'S A LOT. OH, OKAY. SO THE SIDEWALK IS USED AND THE BACK ALLEY, IS THAT FUNCTIONAL FOR, UM, FOR A TRASH PICKUP OR IS IT THE, UH, THE TRASH PICKUP IS IS GOING ON IN FRONT OF OUR HOUSE. OKAY. SO IT'S AN ABANDONED ALLEY THERE. ALL RIGHT. AND, UM, ARE THERE ANY OTHER HOME HOME DATE? I LIKE HOW YOU CALLED THAT, WHAT WAS IT? A HOME, IT'S HOME CHILDCARE. HOME CHILDCARE. I LIKE THAT. ARE THERE ANY OTHERS THAT YOU KNOW OF IN THE, IN THE AREA? UM, THERE IS NONE. THERE IS ONLY ONE THAT I KNOW THAT'S NEAR TO US AT JACKSON. UM, JACKSON, UH, STREET. ALRIGHT. AND, UM, HOW ABOUT REGULAR DAYCARE? DO YOU KNOW WHERE THOSE ARE? UM, ARE THOSE NEAR YOU? NOT REALLY. IT'S UH, UH, AT BLANCO. IT'S ALL, ALL ACROSS ON THE OTHER SIDE. OH, OVER ON BLANCO? YES. OKAY. WOW. ALRIGHT. AND THEN, UM, UH, UH, YOU'RE OPEN FROM 5:30 AM AND YOU CLOSE. AND SO THE LAST ONE TO PICK UP IS AROUND 5:30 PM YES, MA'AM. SO IS THAT LAST PICKUP BY CAR OR BY BUS? BY CAR. OKAY. AND DO THEY GENERALLY PICK UP IN THE FRONT OF THE HOUSE, WHICH IS NOT MCCULLOUGH, BUT I DUNNO WHAT THE STREET IS. NORWOOD WHAT? NORWOOD? ONE OF MY, UM, ONE OF MY PARENTS, WHICH IS THE LAST ONE WHO'S COMING IN. UM, SHE IS PARKING IN FRONT OF OUR HOUSE. SO SHE IS, UM, GOING, WALKING ALONG OUR SIDE TO GO TO THE GARAGE OR I AM, UM, SHE'S KNOCKING ON OUR DOOR, ON THE FRONT DOOR, BUT NORMALLY WE DON'T USE THE FRONT DOOR FOR THE DAY FOR, FOR THE CHILDCARE. SO, UM, SHE'S GOING AROUND HER HOUSE. AND JUST ONE MORE, UM, THE CHILDREN THAT WALK FROM THE ELEMENTARY SCHOOL THAT COME DOWN THE STREET, DO YOU KNOW THEY PROBABLY PASS HER HOUSE AND THEY CONTINUE WALKING? YES, MA'AM. SO A LOT OF, A LOT OF CHILDREN THEN? YES, MA'AM. OKAY, THANK YOU. SO I JUST WANTED TO GO BACK TO YOUR QUESTION REAL QUICK BEFORE YOU ASK THE MOTHERS THE SQUARE FOOTAGE. UH, THE MAX WOULD BE, ACCORDING TO BEXAR COUNTY APPRAISAL DISTRICT IS 1745 1,745 SQUARE FEET. SO IF THEY WERE USING THE ENTIRE HOUSE, THE NUMBER OF SPACES THEY WOULD NEED IS FIVE. BUT LET'S SAY THEY WERE ONLY USING 800 SQUARE FEET OF IT, THEN THEY ONLY NEED TWO SPACES. AND BASED ON THE SITE AND THE SITE PLAN, IT LOOKS LIKE THEY WOULD HAVE ADEQUATE PARKING. THANK YOU. UM, ANY OTHER QUESTION? COMMISSIONERS ON MY LEFT. COMMISSIONERS ON MY RIGHT. COMMISSIONER MCDANIEL QUESTION FOR STAFF. SO WE'RE, WE'RE HERE TODAY FOR THE ZONING BECAUSE FIRE MARSHALS WENT IN STATE REQUIRED LICENSING, IS THAT CORRECT? THEY'RE PERMITTED BY RIGHT TO WATCH UP TO SIX CHILDREN IN THEIR HOME, BUT BECAUSE THEY'RE, [02:40:01] THEY HAVE MORE KIDS THAN THAT OR THEY WOULD LIKE TO HAVE MORE KIDS THAN THAT, THEY NEED TO BE REZONED WITH A SPECIFIC USE AUTHORIZATION. OKAY. AND SO HOW MANY CHILDREN DOES THIS SPECIFIC USE AUTHORIZATION ALLOW FOR TO BE CONSIDERED A LICENSED CHILDCARE, WHICH IS A STATE TERM AND DEFINITION, THEY CANNOT HAVE MORE THAN 12 CHILDREN. OKAY. UM, THAT'S ALL I HAVE. THANK YOU COMMISSIONER SIPES. QUESTION FOR STAFF. UM, THE SPECIFIC USE AUTHORIZATION THAT WOULD APPLY THEN TO THE ENTIRE HOUSE, OR WE ARE NOT ALLOWED TO SAY THAT X SQUARE FEET ARE FOR THE CHILDCARE ITSELF, CORRECT? UH, SO THE REASON WHY, UM, SSSS ARE REQUIRED FOR DAYCARES IN RESIDENTIAL BASED DISTRICTS IS TYPICALLY DAYCARES ARE GONNA BE WITHIN YOUR RESIDENTIAL NEIGHBORHOODS. IT'S A, IT'S A USE THAT YOU WOULD TYPICALLY, UH, SEE CLOSE TO HOME. SO THAT WAY AS YOU'RE, YOU'RE THINKING ABOUT YOU'RE DRIVING TO WORK, YOU'RE DROPPING OFF THE CHILDREN AND YOU'RE DRIVING HOME, YOU'RE PICKING UP THE CHILDREN CLOSE TO YOUR HOME, UH, PLUS YOU'RE NOT GONNA WANNA SEE DAYCARES ON, UH, BUSY, UM, COMMERCIAL CORRIDORS, UH, BECAUSE OF THE CONCERN OF OF CHILDREN WALKING ON BUSY STREETS. UH, SO THE SS, UM, IS ALLOW, THE REASON WHY THERE'S AN SS IS, SO IT GIVES YOU AN OPPORTUNITY TO HAVE THAT SECOND LOOK THAT WAY YOU CAN LOOK AT CONDITIONS THAT WOULD A, RESTRICT THE NUMBER OF CHILDREN, B, RESTRICT THE HOURS OF OPERATION C RESTRICT THE SQUARE FOOTAGE, UM, AND THE SQUARE FOOTAGE, UH, WOULD BE TIED TO THAT CONDITION, WHICH WOULD BE TIED TO THE ORDINANCE. AND RIGHT NOW IT LOOKS LIKE THEY'RE SHOWING, UM, ON THEIR SITE PLAN WHAT THE AREA IS FOR THE DAYCARE AND THEN WHAT'S THE HOME. SO LET'S JUST ASSUME THAT COUNCIL APPROVES BASED ON THAT SITE PLAN, THE DAYCARE IS ONLY RESTRICTED TO THAT AMOUNT OF THE SQUARE FOOTAGE. OKAY. THANK YOU. MM-HMM. . SO, UM, I, I THINK, UM, BOTH FROM, UM, THE, THE ANSWER THAT WAS GIVEN TO MC, UH, COMMISSIONER MCDANIELS, UM, MY, MY QUESTION IS, UM, ANSWERED. IT'S JUST THAT WHEN WE KEEP SAYING DAYCARE, WHICH IS DIFFERENT THAN LICENSED, UH, CHILDCARE HO LICENSED CHILDCARE HOME OR HOME CHILDCARE. WHEN YOU SAY DAYCARE, I'M THINKING LIKE, OH MY GOSH, THAT'S TOO MUCH. BUT, UM, I SEE, UM, MY QUESTION IS ANSWERED. SO JUST FOR REITERATION, SO WE ARE TALKING ABOUT LICENSED HOME CHILDCARE VERSUS REGISTERED, WHICH THEY, UH, HOME CHILDCARE, WHICH IS WHAT THEY ARE NOW. OKAY. THANK I THINK I'M GOOD. YOU, YOU'RE CORRECT. THERE ARE DIFFERENCES IN OUR CODE BECAUSE OF THE STATE. MM-HMM. , IT IS JUST A COMMON TERM DAYCARE THAT YOU WOULD USE, WHETHER IT'S SIX OR LESS OR, OR UP TO 12 MM-HMM. . OKAY. ALRIGHT. THANK YOU SO MUCH, COMMISSIONER GREATHOUSE. YES. THANK YOU. UM, SO THIS FOR ME IS, IS A LITTLE BIT OF A DIFFICULT CASE BECAUSE, UM, I UNDERSTAND THE NEEDS OF THE COMMUNITY AND I UNDERSTAND THAT YOU'RE ATTEMPTING TO FULFILL THE NEEDS OF THE COMMUNITY. UM, HOWEVER, I I ALSO, I, I HAVE SOME CONCERNS WITH THIS PARTICULAR PROPERTY. UM, NUMBER ONE, UM, THE, THE PLAN FOR THIS AREA IS FOR LOW DENSITY RESIDENTIAL. AND WHILE, UM, WE CAN HAVE CERTAIN NUMBER OF, UH, OF CHILDREN IN A HOME CHILD CHILDCARE SITUATION, UM, FOR THAT, I BELIEVE THAT INCREASING IT, UM, LENDS ITSELF MORE TO A COMMERCIAL USE. UM, I HAVE OTHER CONCERNS WITH RESPECT TO THE PARKING SITUATION. UM, MCCULLOUGH IS A STREET THAT I DRIVE PRETTY OFTEN, UM, ON MY WAY TO NORTH STAR MALL USUALLY. UM, AND IT IS A BUSY STREET. AND THE PARKING SITUATION, I HAVE CONCERNS ABOUT THAT BECAUSE WE'RE TAKING WHAT WOULD HAVE BEEN A DRIVEWAY FOR A RESIDENTIAL HOME THAT YOU MAY HAVE 1, 2, 3 PEOPLE PULLING IN AND OUT OF DAILY AND INCREASING THAT BECAUSE YOU'RE HAVING MORE PEOPLE PULLING IN AND OUT OF THAT. AND I THINK THAT THERE COULD BE A, A CONCERN WITH TRAFFIC. AND ALSO GIVEN THE FACT THAT THIS INTERSECTION IS NOT AN EXACT T INTERSECTION, YOU KNOW, MILLWOOD IS OFFSET A LITTLE BIT TO WHERE MILLWOOD ON THE EAST SIDE OF MCCULLOUGH IS ALMOST DIRECTLY ACROSS THE STREET FROM THIS PARTICULAR DRIVEWAY. SO I HAVE CONCERNS THAT PEOPLE PULLING OUT, BACKING OUT MAY NOT SEE A CAR TURNING OFF OF MILLWOOD ONTO MCCULLOUGH. SO THAT'S ANOTHER CONCERN THAT I HAVE. UM, I'M A LITTLE CONCERNED ABOUT THE PLAY AREA SITUATION, WHICH I KNOW YOU SAID THAT YOU WOULD BE WILLING TO FENCE. UM, I DO [02:45:01] ALSO SEE THAT THERE IS A RISK TO CHILDREN WHO ARE PLAYING IN THAT AREA OF SOMEONE CRASHING THEIR CAR. AGAIN, WE HAVE A 35 MILE AN HOUR, UM, SPEED LIMIT. AND I THINK A LOT OF PEOPLE, AND I'M PROBABLY GUILTY OF DOING THIS TOO, DRIVE A LITTLE FASTER THAN 35 DOWN MCCULLOUGH AT TIMES. UM, IT, IT TENDS TO BE, IT, IT IS A SECONDARY ARTERIAL STREET. SO THAT ALSO CONCERNS ME. UM, I KNOW THAT YOUR KIDS ARE, ARE WELL BEHAVED AND, AND THAT'S GREAT. I HAVE A THREE-YEAR-OLD AND A FIVE-YEAR-OLD. UM, MY KIDS MAYBE ARE NOT ALWAYS THAT WELL BEHAVED. UM, BUT IT, IT'S, THAT'S A RISK FACTOR. UM, ADDITIONALLY, AND, AND THE WAY THAT YOU'RE OPERATING IT AND, AND NOT HAVING THAT FENCED, UM, SOME OF THE OTHER, UM, CONCERNS THAT I HAVE, UM, THE STAFF IDENTIFIED SOME GOALS OF THE NORTH CENTRAL NEIGHBORHOOD PLAN, UM, THAT SUPPORT THIS REZONING. BUT I THINK THERE'S ALSO SOME GOALS THAT, UM, WOULD SUPPORT A DENIAL, UM, INCLUDING DISCOURAGING ENCROACHMENT OF BUSINESS INTO RESIDENTIAL NEIGHBORHOODS. UM, AGAIN, I KNOW THIS ISN'T LIKE, UH, YOU KNOW, SOME COMMERCIAL DAYCARE WHERE YOU'VE GOT, YOU KNOW, HUNDREDS OF KIDS OR SOMETHING LIKE THAT, BUT IT IS STILL AN INCREASE IN TRAFFIC. YOU'RE INCREASING THE TRAFFIC ON MILLWOOD FOR THE FOLKS THAT YOU KNOW, WHO ARE PARKING THERE ON MILLWOOD TO DROP THEIR KIDS OFF. UM, AND THEN ALSO ENCOURAGING, UH, NEIGHBORHOOD FRIENDLY BUSINESSES ALONG COMMERCIAL CORRIDORS. I DON'T, MCCULLOUGH DESPITE BEING A SECONDARY ARTERIAL IS NOT REALLY COMMERCIAL CORRIDOR, IT IS RESIDENTIAL. SO THAT IS ALSO A CONCERN THAT I HAVE. SO, UM, WHILE I APPRECIATE WHAT YOU'RE DOING AND YOU WILL BE, YOU WOULD BE ABLE TO CONTINUE CARING FOR SIX CHILDREN, UM, I'M, I'M GONNA MAKE A MOTION FOR DENIAL FOR THIS CASE. SECOND, WE HAVE A MOTION FOR DENIAL ON THE FLOOR WITH A SECOND, UM, DISCUSSION COMMISSIONERS ON MY RIGHT. COMMISSIONER MCDANIEL, I AGREE. I, I APPLAUD YOU FOR HAVING THE, THE IN-HOME CHILDCARE. THERE IS A NEED FOR THAT. BUT I DO FEEL THAT THERE COMES A POINT WHEN IF YOU'RE SUCCESSFUL, UH, AS IT SEEMS TO BE THAT YOU ARE, THEN YOU HAVE TO START LOOKING AT GOING INTO A DIFFERENT SECTION. AND THAT DOESN'T MEAN STAYING IN THE MIDDLE OF A RESIDENTIAL AREA. THAT MEANS FINDING SOMETHING ON THE FRINGE OF THAT WHERE PEOPLE ARE STILL GONNA BE TRAVERSING AND CAN PICK UP AND DROP OFF THEIR KIDS AS THEY NEED BE. UM, I ALSO ECHO HER CONCERNS ABOUT TRAFFIC, THE, UH, THE PLAYGROUND OUT BACK. AND AS A PARENT, I THINK I ACTUALLY WOULD PREFER A SICK ROOM JUST BECAUSE I WOULDN'T WANT MY CHILD MAKING THE OTHER CHILDREN ILL. SO THAT WOULD BE SOMETHING, AND AGAIN, THAT'S A PARENTAL CHOICE IN COMING TO YOU, BUT THAT'S SOMETHING THAT I WOULD THINK THAT YOU MIGHT WANNA RECONSIDER. UM, I WON'T, I WILL BE SUPPORTING THE MOTION OF DENIAL. THANK YOU. ANY OTHER COMMISSIONERS ON MY RIGHT? COMMISSIONERS ON MY LEFT? COMMISSIONER WHITE? YEAH, I, I THINK THIS IS A CLOSE CALL, UM, BUT I'M NOT GONNA BE SUPPORTING THE MOTION. UM, AGAIN, CLOSE CALL HERE AND, YOU KNOW, STAFF HAS RECOMMENDED APPROVAL AND ON CLOSE CALLS, I, I SORT OF FEEL LIKE STAFF HAS PROBABLY LOOKED AT THIS ONE MORE THAN THE REST OF US. I THINK YOU'RE PROVIDING A GOOD COMMUNITY SERVICE AND, UM, I THINK THE REZONING REQUEST IS, UH, SHOULD BE APPROVED. UH, COMMISSIONER GIBBONS, UM, I'M NOT GONNA SUPPORT A DENIAL. I THINK THAT'S NOT, UM, I MAY, MAYBE SOME OF THE COMMISSIONERS HAVEN'T HAD A LOT OF KIDS. I'VE HAD A LOT OF KIDS AND IT IS HARD TO FIND A PLACE TO TAKE YOUR CHILDREN THAT ARE GONNA BE UNDER SOME GOOD CARE. IT SOUNDS LIKE YOU GIVE, BUT ALSO I, YOU KNOW, YOU'RE THAT CLOSE TO AN ELEMENTARY SCHOOL. THERE IS A NEED THERE. AND I THINK THAT STAFF HAD LOOKED AT THIS AND MADE COMMENTS OF IMPROVE AND STRENGTHEN THE COMMUNITY RELATIONSHIPS IN THE NORTH CENTRAL NEIGHBORHOODS COMMUNITY TO ENSURE PROSPEROUS FUTURE OF TEAMWORK FOR PRESENT AND FUTURE GENERATIONS. THAT'S WHAT YOUR BUSINESS IS DOING NEXT TO AN ELEMENTARY SCHOOL THAT HAS A NEED OF CHILDREN BEING WATCHED OR THEIR PARENTS ARE DROPPING OFF AT THE SCHOOL, THEIR KIDS THERE, AND JUST COMING RIGHT DOWN THE STREET AND DROPPING OFF AND GETTING TO WORK ON TIME. UH, THAT IF I MAKE THAT SCENARIO IN MY HEAD, I CAN SEE A, I CAN SEE A SINGLE MOM DROPPING OFF THEIR SECOND GRADER AND COMING DOWN TO YOUR STREET AND DROPPING OFF THE LITTLE BABY AND BOOM, THEY'RE OFF TO WORK AND THEY'RE NOT LATE AND WOW, WHAT A, WHAT A TREAT. I, I ALSO THINK THAT WHAT STAFF IS [02:50:01] SAYING TO CREATE AND ENHANCE THE NEIGHBORHOOD CHARACTER THROUGHOUT THE NORTH CENTRAL NEIGHBORHOODS COMMUNITY, AGAIN, IT'S A BUSINESS THAT'S GOING TO ADD VALUE TO EVERYTHING THAT'S GOING ON AROUND IT. I THINK WE'RE OVERTHINKING THIS, THAT THIS IS A COMMERCIALIZED, UH, BUSINESS ON A, UH, THAT'S GOING TO BRING A DETRIMENT TO THE NEIGHBORHOOD, BUT IT'S NOT. IT'S, YOU ARE A HOUSE WITH A, UH, LOVING, CARING, UH, TEACHERS WHO ARE GONNA TAKE CARE OF THE WITHIN CODE AND WITHIN LAW, WITHIN WHATEVER GOVERNMENT PUTS ON US. AND I THINK THAT'S A APPROPRIATE, UM, AS FAR AS PARKING AND BACKING OUT ONTO MCCULLOUGH, YOU DIDN'T BUILD THE HOUSE AND YOU DIDN'T DESIGN THE HOUSE THAT WAY, AND YOU PROBABLY DIDN'T PUT UP THE FENCE THAT'S EXISTING THAT WAY. THAT WAS APPROVED LONG AGO WHEN THAT PLATT WAS SUBMITTED FOR THIS NEIGHBORHOOD THAT WAS A APPROVED. AND THAT'S BEEN USED, AND THAT'S PROBABLY BEEN THE WAY IT IS FOR HOWEVER LONG THAT HOUSE HAS BEEN THERE. CORRECT. THAT THAT HOUSE, THAT ROAD WAS NOT JUST PUT IN FOR THE SPECIFICS OF THIS DAYCARE AND SOMEBODY IN THEIR WISDOM SAW THAT THAT IS ADEQUATE AND EVERYBODY USES IT FOR COMMERCE OR FOR RESIDENTIAL, WHETHER YOU'RE GOING TO THE MALL, WHETHER YOU'RE GETTING ON THE BUS TO GO DOWN THE ROAD TO GO DOWNTOWN, EVERYBODY IS USING THAT STREET JUST AS YOU ARE FOR COMMERCE AND FOR, UM, THE ABILITY TO GO SHOPPING, I SUPPOSE. SO I, I AM I THINK SOMETIMES WE OVERTHINK AND WE OVER PUT OURSELVES WITH REGULATIONS ON PEOPLE'S LIVES AND ON PEOPLE'S BUSINESS. THIS IS A, THIS IS CERTAINLY THE TYPE OF BUSINESS IN THIS LITTLE NEIGHBORHOOD HERE, RIGHT? UH, WITH WHAT ONE BLOCK FROM AN ELEMENTARY SCHOOL. AND THIS COMMISSIONER THINKS THAT IT'S, IT SHOULD BE DECLINED. I, I, I, I'M NOT SEEING THAT AT ALL. UM, I DON'T AGREE WITH, UM, WHAT, WHAT HER PREMISES WERE, AND I LOVE YOU, BUT , I DON'T AGREE WITH THEM, AND I'M GONNA SAY NO, I'M NOT GONNA SUPPORT IT. I, I HOPE THE OTHER COMMISSIONERS, UH, DENY IT AS WELL. ANY OTHER DISCUSSION? COMMISSIONERS ON MY LEFT? OKAY. UH, UH, THIS ONE IS CLOSE FOR ME TOO. UH, I ACTUALLY, UM, USED TO BE A HOME CHILDCARE PROVIDER, BY THE WAY, AND I HAVE LOTS OF KIDS . BUT ANYWAY, THAT'S BESIDE THE POINT. UM, I, I, I, UM, I'M ON THE FENCE BECAUSE, UM, I SEE SOME POTENTIAL SAFETY THINGS. UH, I DON'T KNOW, SINCE IT'S SPECIFIC USE, IF WE COULD, YOU KNOW, TALK ABOUT, CAN WE TALK ABOUT AN ENCLOSURE SO THAT THE CHIL, I DON'T KNOW IF THAT'S IN OUR PRAYER VIEW AS FAR AS LAND USE, SO THAT THE CHILDREN ARE NOT EXPOSED BECAUSE, UM, JUST BECAUSE YOU HAVE THE WELL-BEHAVED CHILDREN TODAY DOESN'T MEAN YOU'LL HAVE THAT NEW CLIENT, THEN THAT'LL BE THE WELL-BEHAVED CHILD THAT WON'T RUN OUT WHEN YOU'RE TRYING TO ESCORT THEM TO, UH, THE BACKYARD. SO I DON'T KNOW IF WE CAN, YOU KNOW, PUT IN PARAMETERS FOR FENCING, ADDITIONAL FENCING, YES. THAT CAN BE A CONDITION. OKAY. SO THEN MAYBE THAT MIGHT MAKE ME FEEL A LITTLE BIT MORE, UH, COMFORTABLE, UM, WITH THE SITUATION. SO, UM, I DON'T KNOW IF WE COULD DO A FRIENDLY AMENDMENT. I DON'T KNOW WHAT THAT AMENDMENT WOULD LOOK LIKE. SO SHE'S NOT, NOT AN AMENDMENT. 'CAUSE IT'S A MOTION FOR DENIAL. OKAY. YEAH. SO IT DOESN'T MATTER. RIGHT. OKAY. . ALL RIGHT. WELL, I'M, I'M STILL, UH, PONDERING. OKAY. UM, NO OTHER DISCUSSION. OKAY. COMMISSIONER ROMERO. I, I JUST THINK THE COMMISSIONER MADE A REALLY GOOD REASON, UM, ARGUMENT FOR IT. SHE KNOWS THE AREA AND, UH, THE NEIGHBORHOOD ASSOCIATION IS OPPOSED TO IT. OKAY. UM, THERE'S A MOTION FOR DENIAL ON THE FLOOR WITH A SECOND, UM, ROLL CALL. VOTE PLEASE. COMMISSIONER GREATHOUSE? YES. COMMISSIONER ROMERO? YES. COMMISSIONER WHITE? NO. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? NO. COMMISSIONER MCDANIEL? YES. COMMISSIONER KAMATH? YES. COMMISSIONER HUEY? NO. MADAM CHAIR. YEAH. WITHOUT THOSE, UM, EXTRA, UM, SAFETY, I, I'M GONNA HAVE TO SAY YES. MM-HMM. MOTION PASSES. ALL RIGHT. ITEM [20. 19-8743 ZONING CASE Z-2019-10700294 (Council Districts 3 & 4): Assigning zoning to property generally bound by Southwest Loop 410 to the north, Old Pearsall Road to the west, I-37 South to the east and South Loop 1604 to the south currently located Outside the City Limits by applying zoning overlay districts “AHOD” Airport Hazard Overlay District, “MLOD-2” Lackland Military Lighting Overlay District, “MLR-1” Lackland Military Lighting Region-1 and “MLR-2” Lackland Military Lighting Region-2 as applicable and “DR” Development Reserve District on P-68, P-68C, P-68D, P70A, P98, P98A, CB 4010; P-3 ABS 1044, CB 4135; P-3 ABS 129, CB 4136; Lot 5, Block 1, CB 4167A; P-20 (200.935AC) & P-21 (1068.521 AC) ABS 12, CB 4295; P-1 ABS 188, CB 4203; P-13E ABS 579 (REF 04204-000-0139), CB 4204; P-8E ABS 421 (NON-ADJACENT REMAINS--CEMETERY), CB 4298; P-68 (4.459) & P-4B (3.848), CB 4301; P-4C (8.287) & P-68 (7.401), NCB 14493; P-5, P-5A, P-5B, ABS 738, CB 5161 and to “FR” Farm and Ranch District on P-2A&2E ABS 196 9.75, CB 4187; P-2H ABS 168 11.48, CB 4188; P-6 (5.33 AC) & P-7 (17.252 AC), P-7A (.272 AC) ABS 374, CB 4296; P-1 ABS 13, CB 4297 save and except those areas currently within the City of San Antonio. Staff recommends Approval. (Ana Villarreal, Sr. Planner, Ana.Villarreal@sanantonio.gov, Planning Department)] [02:55:01] NUMBER 20. OKAY. GOOD AFTERNOON, COMMISSIONERS. MADAM CHAIR, MY NAME IS ANNA VIAL AND I'M A SENIOR PLANNER WITH PLANNING DEPARTMENT. I'M HERE TO PRESENT AGENDA ITEM NUMBER 20, WHICH IS A PROPOSAL TO ASSIGN ZONING TO 11 PROPERTIES PROPOSED FOR ANNEXATION LOCATED ON THE SOUTH SIDE, WHICH ARE CONTIGUOUS TO THE CITY LIMITS, AND LOCATED WITHIN THE CITY OF SAN ANTONIO'S EXTRATERRITORIAL JURISDICTION IN BEXAR COUNTY. THE ANNEXATIONS WERE CONSENTED TO BY WAY OF CONTRACTUAL DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND EACH LANDOWNER. THE PLANNING COMMISSION THROUGH THEIR PURVIEW, GRANTED BY THE CITY CHARTER, MADE A RECOMMENDATION ON THE ANNEXATION TO CITY COUNCIL AT THE MEETING OF NOVEMBER 27TH. TODAY, THE CITY IS BRINGING FORWARD THE ZONING OF THE PROPERTY. BOTH RECOMMENDATIONS WILL BE PRESENTED TO CITY COUNCIL ON DECEMBER 12TH. THIS CASE WE BRING BEFORE YOU IS ASSOCIATED WITH A PROPOSED ANNEXATION OF APPROXIMATELY 2194.3 ACRES, GENERALLY BOUND BY SOUTHWEST OF FOUR 10 TO THE NORTH OLD PISO ROAD TO THE WEST I 37, SOUTH TO THE EAST AND SOUTH LOOP, 1604 TO THE SOUTH. A NUMBER OF THE SUBJECT PROPERTIES HAVE SPLIT LAND USE CLASSIFICATIONS. THEREFORE, THE PLANNING DEPARTMENT STAFF IS RECOMMENDING THE BASE ZONE OF DR. DEVELOPMENT RESERVE DISTRICT FOR THE MAJORITY OF THE SITES. AND FR FARM AND RANCH DISTRICT FOR THE PROPOSED FOR THOSE PROPERTIES LOCATED NEAR MAJOR INDUSTRIAL SITES. ALSO IDENTIFIED ON THE MAP AS PROPERTIES THREE, FOUR, AND FIVE. THE PROPOSED FR ZONING DISTRICT IS CONSISTENT WITH HERITAGE SOUTH SECTOR PLAN, AND ALSO COMPATIBLE WITH SURROUNDING USES. THE PURPOSE OF THE F R IS TO ALLOW FOR AGRICULTURAL USES AND NATURAL RESOURCE INDUSTRIES. THE DR ON THE OTHER HAND, IS A TEMPORARY ZONING CLASSIFICATION THAT ALLOWS LOW DENSITY USES COMPARABLE TO OUR SIX ZONING. THE PLANNING DEPARTMENT WILL FURTHER REVIEW LAND USE ON EACH OF THESE AREAS AS THE SOUTH, FAR SOUTH AND FAR SOUTHWEST COMMUNITY PLANS GET DEVELOPED IN THE NEXT AREA. PLANNING PHASES, 90 NOTICES WERE MAILED TO PROPERTY OWNERS LOCATED WITHIN 200 FEET OF EACH SUBJECT. PROPERTY THREE WERE RETURNED IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM, FROM THE ONLY NEIGHBORHOOD ASSOCIATION LOCATED WITHIN 200 FEET OF PROPERTY. NUMBER ONE, WHICH IS THE PEOPLE ACTIVE IN COMMUNITY EFFORT. STAFF RECOMMENDS APPROVAL OF THEIR PROPOSED ZONING AND IS AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. IS THERE ANYONE SIGNED UP TO SPEAK? YES, MA'AM. JACQUELINE MITCHELL, FOLLOWED BY RUSSELL BOLT. JAMES BRYAN, FOLLOWED BY NORMAN ROOF. ARE YOU JAMES, OR ARE YOU NORMAN? OKAY. NORM, YOU'RE UP THEN. . OKAY. I WANNA START OUT BY THANKING EVERYBODY, GIVING ME AN OPPORTUNITY TO SPEAK AND, UH, FOR BEARING WITH ME AND FOR THE THINGS THAT YOU'VE PROBABLY ALREADY DONE IN THIS PROCESS. UH, I OWN PROPERTY NEXT TO NUMBER FIVE. AND, UH, I HAVE A CATTLE RANCH OPERATION, UH, RAISE CALFS. I HAVE A COUPLE HORSES, 25 ACRES. BEEN THERE FOR 20 YEARS, AND I'VE GOT A LETTER HERE THAT I JUST PRETTY MUCH PREPARED AND I'LL GO AHEAD AND READ IT IF THAT'S OKAY. AS ONE OF THE NEIGHBORS WHO LIVES IN THE VICINITY OF THE PROPERTY BEING CONSIDERED FOR REZONING ON APPLE WHITE ROAD, I'M STRONGLY IN FAVOR OF ZONING THE PROPERTY AS FARM AND RANCH. THAT'S VERY CONSISTENT WITH WHAT'S ALREADY OUT THERE. THERE'S CURRENTLY A DUMP AND A GARBAGE SORTING BUSINESS THAT HAS STARTED UP NEXT TO MY PROPERTY. UH, YOU'LL SEE A PICTURE OF MY PROPERTY, THAT'S MY HOME. AND, UH, I HAVE THREE PONDS ON THERE. AND, UH, I'VE BEEN OUT THERE FOR 20 YEARS AND I'M ONE OF THE NEWER PEOPLE OUT THERE. [03:00:01] OKAY, SO THERE'S ONE MORE PICTURE I'D LIKE TO SHOW YOU. AND THIS WAS LAST FRIDAY WHEN I PULLED UP TO MY GATE. AND, UH, MY GATE IS RIGHT NEXT TO HIS PROPERTY. ONE SECOND HERE. AFTER IT RAINED LAST, I THINK IT WAS FRIDAY. UH, THIS WAS AT MY FRONT GATE WHEN I PULLED IN. SO IT'S VERY UPSETTING TO LIVE OUT THERE AND TO BE, UH, DEALING WITH THE NEIGHBOR THAT'S RUNNING A DUMP. THE FOLLOWING ARE REASONS TO REMOVE THE CURRENT GARBAGE BUSINESS AND ZONE, THE PROPERTY FR. GOVERNOR GREG ABBOTT DESIGNATED THE AREA ON AS AN OPPORTUNITY ZONE TO ENCOURAGE HEALTHY DEVELOPMENT AND BUSINESS INVESTMENT. NUMBER TWO, TWO, THE TOYOTA PLANT IS LOCATED WITHIN APPROXIMATELY ONE HALF MILE OF MY PROPERTY AND THIS PROPERTY, AND MUST ADHERE TO ENVIRONMENTAL AND BUSINESS STANDARDS. NUMBER THREE, THERE IS A LAND HERITAGE INSTITUTE THAT'S USED BY THE CITIZENS OF SAN ANTONIO, AND, UH, THAT IS LOCATED WITHIN A QUARTER OF MILE OF THIS PROPERTY. AND IT DOES ENCOURAGE PUBLIC ACCESS TO HIKING, BIKING, AND OTHER OUTDOOR ACTIVITIES. THE AREA IS IN KEEPING WITH THE SAN ANTONIO 2020 GOAL TO HAVE SOME OF THE HEALTHIEST RESIDENTS IN THE NATION. NUMBER FOUR, THE CURRENT GARBAGE SORTING AND DISPOSAL BUSINESS IS POLLUTING THE AIR, THE WATER, AND THE LAND. MANY OF US USE WELL AND SEPTIC SYSTEMS AND ARE VERY CONCERNED ABOUT CONTAMINANTS SEEPING INTO THE WATER. IN ADDITION, THERE IS SIGNIFICANT NOISE AND LIGHT POLLUTION ALL HOURS OF THE DAY AND NIGHT. AND THIS IS GOING ON SEVEN DAYS A WEEK AND UP TO 12, 14 HOURS A DAY. THIS, THIS INDIVIDUAL PURCHASED A PROPERTY AND, UH, TURNED IT INTO A DUMP. AND IT'S COVERED IN THE FRONT BY SHIELDED BY TREES. AND, UH, I HAVE TRIED TO GO OVER AND TAKE PICTURES, BUT IT'S NOT A GOOD IDEA BECAUSE IT'S PRETTY HOSTILE. NUMBER FIVE, THE CURRENT BUSINESS DISCOURAGES FUTURE DEVELOPMENT IN THE AREA. BUSINESS WANT TO CLEAN ENVIRONMENTALLY FRIENDLY AREA. CURRENT LAND USE NUMBER SIX, SIGNIFICANTLY LOWERS PROPERTY VALUES AND SEVERELY REDUCES OPPORTUNITIES FOR RESALE OF SURROUNDING PROPERTY. THAT'S THREE MINUTES, SIR. SO I AM DEFINITELY IN FAVOR OF FARM AND RANCH. THANK YOU. THANK YOU. ALBERT ESCOVEDO. HI, MY NAME IS ALBERT ESCOVEDO. I LIVE 19,409 APPLE WHITE ROAD, WHICH IS RIGHT NEXT TO THIS PERSON THAT PUT THIS TRASH AND DUMP RIGHT NEXT TO MY HOUSE. UM, EVERY DAY I DRIVE IN, I SEE NOTHING BUT DUMPSTERS, THOSE HUGE DUMPSTERS THAT YOU PUT ON THE JOB SITES. AND HE BRINGS ALL THAT TRASH EVERY DAY, MONDAY THROUGH SUNDAY. UM, AND IT'S A BAD, AND, AND HE, HE PUT A PRIVACY WALL, A FENCE THERE. SO I WOULDN'T TAKE PICTURES AND, YOU KNOW, ARGUE WITH HIM, TELLING HIM, YOU KNOW, ABOUT THIS MESS THAT HE'S BRINGING IN. AND HE'S A LITTLE HIGHER ELEVATED THAN I WHERE I LIVE. SO ALL THAT WATER RUNOFF, WHEN IT RAINS, GOES THROUGH ALL HIS, ALL THOSE DUMPSTERS. HE'S CLEARED AND DESTROYED ALL THAT PROPERTY LAND IN THERE. AND ALL THE MUD AND WATER WHEN IT RAINS, LIKE I SAID, GOES THROUGH ALL THOSE DUMPSTERS AND COMES INTO MY PROPERTY. AND I HAVE, UH, LIVESTOCK AND, AND THE WATER WHEN IT RUNS, HE, OH, AND ALSO UNDER THE PRIVACY FENCE, HE PILED UP DIRT, I GUESS, THINKING THAT THAT'S GONNA KEEP THE WATER FROM COMING INTO MY PROPERTY. WELL, HE DOESN'T UNDERSTAND THAT THE WATER SEEPS INTO THE GROUND AND THERE'S A STREAM OF WATER GUSHING OUT OF THE GROUND UNDER MY PROPERTY, GOING THROUGH ALL MY PROPERTY. AND AT THE END OF THE TREE LINE WHERE THAT IS, UH, THE POND IS THERE THAT THE COWS USE TO, TO GET THE WATER FROM. AND, UM, [03:05:01] HE'S JUST TOTALLY THE, THE POLLUTION THAT HE'S CAUSING THE, THE, THE DESTRUCTION OF THE LAND, ERODED ALL THE, THE DIRT AND EVERYTHING. AND THEN HE KEEPS BRINGING IN MORE ASPHALT OR WHATEVER TO PUT ON THE ROAD TO MAKE IT HIGHER, I GUESS. SO THINKING THAT HE'S GONNA STOP THE WATER FROM COMING INTO MY PROPERTY, YOU KNOW, AND THEN HE HAS A TRAILER EVEN CLOSER TO MY HOUSE. THEY DON'T LIVE THERE. THEY COME IN, THEY USE THAT TRAILER, I GUESS, AS AN OFFICE AND A, AND A SHOP BECAUSE, AND, AND I HAVE, MY WIFE IS AN RN. SHE GOES IN AND SHE TAKES CARE OF DIALYSIS PATIENTS. I HAVE A DAUGHTER GOING TO COLLEGE. I HAVE ANOTHER DAUGHTER THAT WORKS FOR CHASE BANK. THEY GET UP, THEY, AND WITH THE BACKUP ALARMS EVERY DAY FROM SUN UP TO SUNDOWN, COMING IN WITH ALL THAT TRASH AND SLAMMING THOSE DUMPSTERS DOWN, IT, IT ACTUALLY SHAKES MY HOUSE. AND THE WINDOWS, YOU KNOW, THEY SLAM 'EM DOWN SO HARD. SO 30 SECONDS, THEY'RE TOTALLY DIS DESTROYING THE, THE LAND. ME AND MY WIFE WOULD SIT OUT IN THE MORNINGS ON WEEKENDS AND LISTEN TO THE, THE TURKEYS AND THE, THE WILDLIFE AND EVERYTHING. NOW ALL WE HEAR IS THE CLANGING AND BANGING AND BACKUP ALARMS OF, OF THIS TRASH RUNNING BUSINESS THAT HE'S RUNNING. YOU KNOW? AND I'VE CALLED THE STATE ON HIM. THEY'VE COME OUT, THEY FIND HIM, THEY, BUT THEY CONTINUE TO STILL DO WHAT THEY'RE DOING. AND THE STATE TELLS ME THAT, GET WITH THE CITY. 'CAUSE THEY, YOU KNOW, GOING THROUGH THE STATE PROCESS TAKES A LOT LONGER. AND THEY, AND THEY FIND HIM FOR THE, THEY TOLD HIM THAT THEY CAN, HE CAN PICK UP THE TRASH THAT'S THREE MINUTES, BUT HE CAN'T BRING IT. HE HAS TO GO FROM THE SITES TO THE DUMP. BUT NO, HE BRINGS IT ON THE PROPERTY AND STORES IT AT OUR PLACE NEXT TO MY HOUSE. THANK YOU. THAT'S ALL THAT SIGNED IN TO SPEAK. OKAY. WELL, I GUESS WE, I GUESS SOME PEOPLE PROBABLY HAVE QUESTIONS, BUT IF IT'S OKAY IF I JUST START, 'CAUSE I HAVE A, A MAJOR, UH, QUESTION ABOUT, UH, ONE OF THE PROPERTIES SINCE I HAPPEN TO BE HERE AT PLANNING AND I DON'T SEE, UM, THE INDIVIDUALS HERE, UH, NOW. SO FOR, UH, PROPERTY NUMBER TWO, UM, THERE WAS A, UM, YOUNG LADY HERE WITH HER BROTHERS THAT OWNED THAT PROPERTY. AND SO I DON'T KNOW IF Y'ALL BROUGHT THE CASE FILE, 'CAUSE I'LL PROBABLY HAVE, UH, QUESTIONS, UM, ON THAT PARTICULAR PIECE OF PROPERTY. AND, UM, THEY SAID THAT THEY WERE, UH, TAKEN OUT OF THE ANNEXATION AGREEMENT, I GUESS, UM, FOR THIS BECAUSE OF A FIREWORK STAND, I GUESS THEY HAD LEASED THEIR PROPERTY OUT TO SOMEBODY AND AS SOON AS, UM, THEY FIGURED OUT WHAT WAS GOING ON, THEY GOT WITH THEIR ATTORNEY, AND THEN, UH, SOMETIME AFTER THAT, THAT FIREWORK STAND WAS REMOVED. AND SO I THINK THE QUESTION IS, IS, UM, UM, Y'ALL DIDN'T HAVE THE CASE FILE AT THAT TIME TO SAY IF THERE WAS MULTIPLE, UM, VIOLATIONS OF THAT, OR ONCE THEY RECTIFIED THAT, UM, COULD, THAT THEY COULD BE REMOVED FROM THIS PARTICULAR, UM, ANNEXATION. SO, UM, DID Y'ALL BRING ANYTHING, UH, REGARDING, UH, PROPERTY NUMBER TWO, LIKE DATES AND TIMES AND NOTIFICATIONS AND ALL THAT? 'CAUSE IT WASN'T PRESENT AT THE LAST MEETING ALSO, WHILE, WHILE, WHILE THEY'RE LOOKING, I ALWAYS THINK IT'S KIND OF, I, I WAS WONDERING, I SAID, I WONDER, DO THEY KNOW THAT THEY NEED TO COME BACK FOR ZONING AND DO THEY NEED TO KNOW THEY NEED TO COME BACK FOR, UH, CITY COUNCIL? I DON'T KNOW IF THAT'S ALWAYS SO CLEAR TO, UH, SOME OF THE PEOPLE THAT ARE, UM, THESE THINGS ARE INVOLVED IN. IT'S CONFUSING FOR ME AS A ZONING COMMISSIONER, I'VE BEEN AROUND FOR A WHILE, SO LET ALONE A REGULAR LAY PERSON, MADAM CHAIR, THEY DID RECEIVE NOTICES FOR THE ZONING COMMISSION MEETING NOTICES FOR CITY COUNCIL. THEY, I, I SAW THE NOTICES. THEY, I MEAN, I MEAN, BUT LIKE, THEY SENT, LIKE, KNOWING AND UNDERSTANDING IS TWO DIFFERENT THINGS. LIKE, BUT YEAH, HOPEFULLY SHE MIGHT'VE FELT LIKE, I DON'T KNOW IF THEY FELT LIKE COMING TO THE PLANNING AND THAT WAS IT BECAUSE THEY, WE VOTED AND THEY MAY NOT KNOW THAT THEY NEED TO COME BACK AGAIN. , OH, GO AHEAD. THANK YOU SO MUCH. OKAY. OH, I JUST WANTED TO REITERATE THAT WE DID SEND NOTIFICATIONS FOR THE ZONING COMPONENT. MM-HMM. , UH, THE ANNEXATION WAS SO SOMETHING SEPARATE. UM, SO WE DID EMAIL, I MEAN, SEND THOSE NOTICES OUT ON NOVEMBER 20TH. AND SO, BUT SINCE THEY'VE COMMUNICATED WITH THEIR ATTORNEY AND WHATNOT, AND SO Y'ALL ARE JUST SAYING IT'S TOO LATE. WE SENT YOU THOSE NOTICES BEFORE. AND SO WHEN THEY GOT THE NOTICE, THEY WENT TO THEIR ATTORNEY MM-HMM. . UM, AND THEN WHOEVER THE LEASER WAS, THEY HAD THAT THEM REMOVE THE FIREWORK STAND OFF OF THE PROPERTY. SO WHAT THE [03:10:01] CITY IS SAYING, BECAUSE WE SENT YOU THOSE LETTERS BEFORE, AND YES, YOU'VE TAKEN IT OFF NOW YOU ARE NO LONGER ELIGIBLE, UM, TO BE TAKEN OUT THE ANNEX, EVEN THOUGH THEY'VE CORRECTED IT, THEY STILL GET PUNITIVE, UH, YOU KNOW, UH, PUNISHED FOR THAT. I GUESS THEY, THEY WERE SENT TWO COURTESY LETTERS PRIOR TO THE FINAL LETTER EXPLAINING HOW THE PROCESS OF ANNEXATION AND ZONING WAS GONNA HAPPEN. UNDERSTAND. UM, SO WE'RE MOVING FORWARD TO CITY COUNCIL WITH THE RECOMMENDATION EVEN THOUGH THEY'VE RECTIFIED IT. YES, CORRECT. OKAY. ALL RIGHT. WELL, UM, I THINK I'M FINE WITH ALL THE OTHER PROPERTIES, BUT THAT ONE I DON'T THINK, UM, I AM, BUT QUESTIONS COMMISSIONERS ON MY RIGHT. COMMISSIONER SIPES QUESTION FOR STAFF, AND THIS IS JUST A CLARIFICATION ON, UM, THE PROPERTY ON APPLEWHITE, I BELIEVE IT'S, UH, NUMBER FIVE MM-HMM. , THAT ONE'S RECOMMENDED FOR FR VERSUS THE DR, I THINK, RIGHT? CORRECT. YES, THAT'S CORRECT. OKAY. THANK YOU COMMISSIONERS ON MY LEFT QUESTIONS. OH, I'M SORRY. COMMISSIONER ROMERO, I JUST, I COMMISSIONER YOU RAISED AN INTERESTING QUESTION AND I DON'T FEEL LIKE IT WAS ANSWERED. SO I UNDERSTAND WITH EVERYTHING ELSE, IF THEY'RE DOING SOMETHING THAT THEY SHOULDN'T BE DOING, BUT IF IT'S A FIREWORK STAND, DO, DO THEY HAVE A CHANCE TO REMOVE IT OR IS IT, I DON'T, I'M NOT UNDERSTANDING THE COURTESY LETTERS. UM, UH, COMMISSIONER, GOOD AFTERNOON EVERYBODY. RUDY NINO, I'M THE ASSISTANT DIRECTOR OF THE DEPARTMENT AND, UM, AND IS DOING A GREAT JOB. I JUST WANTED TO REITERATE ONE, ONE ITEM, AND THAT WAS THAT AS, AS PART OF THE AGREEMENTS, UM, WE GAVE MULTIPLE ROUNDS OF COURTESY NOTICES OVER THE COURSE OF MULTIPLE YEARS, NOT JUST ONE YEAR. SO NOTICES HAVE ACTUALLY GONE OUT TO PROPERTIES, UM, THAT HAVE HAD VIOLATIONS SINCE 2017. THAT PROPERTY INCLUSIVE OF THAT IDEA. YEAH. ONE OF THOSE LETTERS, IF YOU JUST SAY, OH, I DIDN'T REALIZE, LET'S REMOVE THE STAND. YOU COULD STILL SALVAGE. WE, WE HAVE, UH, DONE OUR BEST TO PROVIDE AS MUCH LENIENCY AS POSSIBLE. AGAIN, WE TOOK NO ANNEXATION ACTION ON ANY OF THE PROPERTIES THAT ARE LISTED HERE, UM, SINCE THAT 2017 TIMEFRAME WHEN WE PROVIDED THAT FIRST COURTESY NOTICE. UM, IT IS JUST UNTIL NOW THAT, YOU KNOW, WE, WE HAVE GONE OUT MULTIPLE TIMES AND, AND SENT OUT ANOTHER COURTESY NOTICE IN THE 2018, AND THEN AGAIN REVIEWED IT, OUR STAFF REVIEWED IT AGAIN IN 2019, DETERMINED, YOU KNOW, UH, THIS IS STILL AN ISSUE. OUR FIRE DEPARTMENT IS BRINGING IT TO OUR ATTENTION BECAUSE IT IS A PUBLIC SAFETY ISSUE. WE HAVE ANNEX PROPERTIES ADJACENT TO THESE, UH, AREAS THAT HAVE EITHER FIREWORK STANDS OR SOME OTHER VIOLATION, AND WE NEED TO PROVIDE THEM A LEVEL OF PROTECTION THAT'S, THAT'S AVAILABLE TO RESIDENTS OF THE CITY OF SAN ANTONIO. AND SO WE THOUGHT IT WOULD BE APPROPRIATE TO MOVE FORWARD WITH ANNEX ISSUES. JUST TO CLARIFY ONE MORE TIME MM-HMM. , IF, IF THEY HAVE A FIREWORK STAND AND THE CITY SENDS YOU A NOTICE, YOU, YOU HAVE A CHANCE TO GET RID OF IT AND AVOID ANNEXATION HAD HAD THAT FIRE, HAD A FIREWORK STAND BEEN REMOVED IN 2017 WHEN WE SENT THE COURTESY NOTICE, WE GO OUT IN 2018, IT'S NOT THERE. THERE'S NO, THERE WOULD'VE NO LONGER BEEN AN ISSUE JUST TO, TO SEND ANOTHER COURTESY NOTICE. OKAY. THANK YOU. EXCUSE ME. CAN I CLARIFY THOUGH? THERE WAS NO, AND IS NO REQUIREMENT TO SEND A COURTESY NOTICE. THERE WAS A DEVELOPMENT AGREEMENT ENTERED INTO BY PROPERTY OWNERS AND THEY SIGNED IT, AND IT WAS VERY CLEAR IN THOSE AGREEMENTS THAT IF THEY VIOLATED AND BEGIN ANY FORM OF DEVELOPMENT, HAD ANY KIND OF COMMERCIAL USE, ANYTHING THAT, THAT VIOLATED THE AGREEMENT AND THE CITY COULD MOVE FORWARD WITH ANNEXATION. AT THAT POINT, THE CITY GAVE THEM COURTESY OPPORTUNITIES, BUT THERE WAS NO REQUIREMENT FOR THAT. NOT ONE, NOT 10. SO THE FACT THAT THE PLANNING DEPARTMENT DID SEND COURTESY NOTICES IF THEY WERE NOT REQUIRED. OKAY, I UNDERSTAND IT JUST FIREWORK STANDS ARE JUST HARDER TO PROCESS THAN REGULAR DEVELOPMENT, BUT I UNDERSTAND. GOT IT. AND THEN JUST, I, I, SO THEIR LAND IS BEING USED, I THINK THIS FARM AND RANCH. SO THEY'RE, THEY HAVE FARM, THEY HAVE CATTLE, ALL OF THAT. AND I GUESS THEY HAD LEASED IT TO THAT GENTLEMAN. AND SO I UNDERSTAND THAT I, THAT THEY, WHEN THEY LEASED IT TO THAT GENTLEMAN, THAT GENTLEMAN PUT THAT FIREWORKS IN, THEY WERE IN VIOLATION. BUT GOLLY, I FEEL LIKE, YOU KNOW, , I, I MEAN, YOU KNOW, MAYBE THEY UNDERSTOOD, MAYBE THEY DIDN'T. I JUST FEEL LIKE THEY CORRECTED IT AND I DON'T KNOW. I MEAN, I DON'T AGREE, MADAM CHAIR, AND, AND WE UNDERSTAND, WE UNDERSTAND THE SENSITIVITY OF THE ISSUE. I THINK THAT THAT, UM, THAT CERTAINLY WAS PART OF THE DISCUSSION AND, AND IT WAS RESPECTFULLY ADDRESSED AT, AT THE PLANNING COMMISSION, UM, FOR THIS HEARING. ALL THAT WE'RE ASKING IS, SHOULD THE COUNCIL ACTUALLY APPROVE THE ANNEXATION OF PROPERTIES, INCLUDING THE ONE, UH, THAT IS OWNED BY THE BRIS FAMILY? NUMBER TWO, UM, WHAT WE'RE ASKING IS WHAT WOULD BE THE APPROPRIATE ZONING FOR THE PROPERTY? AND SO, SO THE, YOU KNOW, WHAT WE'RE ASKING TODAY IS FOR THE APPLICATION OF ZONING FOR THESE PROPERTIES, SHOULD THEY BE ANNEXED EITHER THE DR OR THE FR FOR THE PROPERTY THAT ARE LIKE THE PROPERTY ON APPLEWHITE ROAD? SO, I MEAN, SO [03:15:01] COULD WE, SO EVEN THOUGH YOU'RE LOOKING FOR THE RECOMMENDATION OF, NONE OF MY COMMISSIONERS MIGHT NOT AGREE WITH ME, SO IT DOESN'T, I'M JUST ASKING. SO IF WE WERE TO ASK TO LEAVE THAT ONE OUT AND RIGHT NOW FOR ZONING, THAT COULD BE A POSSIBILITY. UM, THE COMMISSION COULD TAKE ANY ACTION THAT YOU WISH, APPROVAL, DENIAL, CONTINUANCE, ET CETERA. UM, WHAT I WOULD, UM, SUBMIT TO YOU IS THAT A RECOMMENDATION, UH, TO THE COUNCIL TO DENY, UH, ZONING, THE APPLICATION OF ZONING ON A PIECE OF PROPERTY THAT COULD POTENTIALLY BE ANNEXED, UH, COULD RESULT THEN IN BASICALLY MAKING A RECOMMENDATION TO THE COUNCIL NOT TO ZONE IT. AND SO EVERY PROPERTY IN THE CITY OF SAN ANTONIO DESERVES ZONING AND SHOULD HAVE ZONING APPLIED TO IT. SO OUR RECOMMENDATION AT THIS POINT WOULD BE TO, TO, UH, UH, MAKE A RECOMMENDATION THAT ACTUALLY ACTUALLY APPLIES ZONING AND, AND AFFORDS THEM THE SAME OPPORTUNITY AS EVERY PROPERTY IN THE CITY. AND THEN THAT, UH, PROPERTY NUMBER TWO, SO THEY'RE USING IT FOR FARM, RANCH, AND ARE YOU, OR FARM AND RANCH, UM, THE PROPERTY, UH, WOULD BE PROPOSED FOR DR. AND THEN, UH, WHEN THE COMMUNITY PLAN IS, UH, GOING THROUGH THE PROCESS, WE WOULD BE WORKING WITH THE PROPERTY OWNER AND SURROUNDING NEIGHBORS TO ULTIMATELY DETERMINE THE APPROPRIATE GROWTH AND DEVELOPMENT PATTERN FOR THE ENTIRE COMMUNITY OF WHICH THIS PROPERTY WILL BE A PART OF. AND THEN IT WILL BE ZONED, UH, APPROPRIATELY AT THAT TIME FOLLOWING THE, THE ADOPTION OF THAT PLAN. I HAVE A QUESTION FOR YOU, SIR. I HAVE A QUESTION ON PROPERTY NUMBER FIVE. ON PROPERTY NUMBER FIVE, IF WE REZONE IT TO, UH, FARM AND RANCH, UH, THE INDIVIDUAL WHO'S USING IT AS A DUMP, UH, HE'LL BE IN VIOLATION, OBVIOUSLY. WELL, UM, I'LL ADDRESS THAT IN A COUPLE OF WAYS. THE FIRST ONE WOULD BE THAT IF THEY HAVE AN ESTABLISHED LEGAL USE AND WE ANNEX THEM, THEY'RE ALLOWED TO CONTINUE TO DO AN ESTABLISHED LEGAL USE, AND WE WOULD, THEY'RE PROTECTED BY STATE LAW, THEY'RE ACTUALLY PROTECTED BY UNIFIED DEVELOPMENT CODE. AND SO THEY CAN CONTINUE TO DO AN ESTABLISHED LEGAL USE. HOWEVER, THEY DO HAVE TO CONFORM TO CERTAIN, UH, UH, HEALTH, PUBLIC HEALTH AND SAFETY REGULATIONS THAT THE CITY WOULD HAVE. UM, WE DON'T KNOW ENOUGH BECAUSE WE HAVEN'T ACTUALLY BEEN ON THE PROPERTY AND EXPLORED IT, THAT THAT WOULDN'T BE THE, THE PURVIEW OF OUR STAFF. BUT WHAT WE WOULD DO IS WORK WITH OUR CODE COMPLIANCE OFFICE. UH, WE WOULD WORK WITH, UM, EVEN TO, UH, GIVEN THE, THE LEVEL OF CONCERNS THAT HAVE BEEN RAISED BY, UH, NEIGHBORING PROPERTIES, UH, AGAIN WITH T C E Q TO, UH, MAKE SURE THAT FOLKS ARE AWARE THAT THERE ARE CONCERNS, PARTICULARLY ENVIRONMENTAL CONCERNS THAT ARE HAPPENING AND, AND AFFECTING NEIGHBORS, AND THAT WE WOULD, WE WOULD AT LEAST PROVIDE AS MUCH INFORMATION AS WE CAN SO THAT THEY CAN TAKE SOME ACTION IF IT'S NECESSARY. HOW ABOUT, HOW ABOUT WILL THEY BE IN VIOLATION OF THE, UH, ANNEXATION AGREEMENT THAT THEY'RE ENTERED INTO? UM, THE, THE REASON WHY WE ARE ACTUALLY GOING THROUGH THE ANNEXATION PROCEEDINGS AND ULTIMATELY, YOU KNOW, THE SUBSEQUENT ZONING OF PROPERTY IS BECAUSE OF THE FACT THAT THEY'RE IN VIOLATION OF THE DEVELOPMENT AGREEMENT THAT THEY SIGNED WITH THE CITY. THANK YOU, COMMISSIONER GREATHOUSE? YEAH, I HAVE TWO QUESTIONS. UM, THE FIRST QUESTION, JUST TO, TO CLARIFY, SO IF WE WERE TO PULL THE PROPERTY NUMBER TWO OUT, THAT DOESN'T STOP IT FROM BEING ANNEXED, THAT JUST MEANS IT HAS NO RECOMMENDATION FOR ZONING FROM US. IS THAT, IS THAT A CORRECT INTERPRETATION? I'M NOT SURE I'M GONNA ANSWER YOUR QUESTION, BUT I JUST WANNA REFOCUS THAT WHAT'S BEFORE THE ZONING COMMISSION IS THE ZONING DISTRICTS TO BE APPLIED THE APPROPRIATE ZONING DISTRICTS. IT IS NOT A DISCUSSION ABOUT ANNEXATION THAT IS NOT REALLY THE PURVIEW OF THIS COMMISSION. IT IS THE APPROPRIATE ZONING. AND SO WHEN YOU REMOVE ONE FROM YOUR RECOMMENDATION, YOU'RE RECOMMENDING THEY'RE NOT ZONE, THERE'S NO ZONING, UH, WHETHER OR NOT THEY ARE ANNEXED, THAT ULTIMATELY WILL BE A DECISION OF COUNSEL. SO YOU'RE REALLY BEING ASKED WHAT'S THE APPROPRIATE ZONING. RIGHT. YEAH, I, AND I THINK YOU'RE, YOU'RE, YOU ANSWERED MY QUESTION, SO THANK YOU. AND THEN, UM, I, AND I KNOW WE'RE NOT LOOKING INTO THIS, BUT I AM CURIOUS, GIVEN SOME OF THE OTHER CONCERNS AND QUESTIONS OF MY FELLOW COMMISSIONERS, THE DEVELOPMENT AGREEMENT THAT THEY ENTERED INTO, CAN YOU GIMME JUST LIKE A, A BRIEF HISTORY OF WHY THEY HAD THOSE DEVELOPMENT AGREEMENTS? LIKE WAS THEY WERE GIVEN LIKE AN, AN AGREEMENT OF NON ANNEXATION AS LONG AS THEY AGREED TO CERTAIN PARAMETERS, WHICH BEING NOT DEVELOPING AND, AND OTHER THINGS. BUT WHAT, WHY WERE THEY GIVEN THAT? UM, THE, THE SOUTH SIDE HAS A, A LONG RECENT HISTORY RELATED TO PROPOSED ANNEXATIONS, LIMITED PURPOSE ANNEXATION AND FULL PURPOSE, ET CETERA. UM, BUT ULTIMATELY IN 2016 WE MOVED FORWARD WITH A LIMITED PURPOSE ANNEXATION THAT BECAME FULL PURPOSE. UM, AT THE TIME WE ARE REQUIRED, UH, EVERY MUNICIPALITY IN TEXAS IS REQUIRED TO PRO TO OFFER A DEVELOPMENT AGREEMENT OR A NON ANNEXATION AGREEMENT FOR PROPERTIES THAT ARE ZONED FOR AGRICULTURAL USE, TIMBER USE OR WILDLIFE MANAGEMENT USE. UM, SO WE, UH, OFFERED ALL OF THOSE DEVELOPMENT AGREEMENTS. SOME PROPERTY OWNERS DIDN'T, DIDN'T ACCEPT THEM. [03:20:01] THEY DECIDED THEY WANTED TO BE ANNEXED. UH, BUT FOR THOSE THAT DID SIGN THEM, WE, YOU KNOW, WE LIST A NUMBER OF PARAMETERS, WHICH INCLUDES MAINTAINING THE EXEMPTION ON YOUR APPRAISAL DISTRICT RECORDS, MAINTAINING THE CURRENT USE AND NOT CHANGING USE AND INFORMING THE CITY IF THERE IS A PROPOSED CHANGE. AND SO WE DO HAVE A LIST OF PARAMETERS THAT HAVE BEEN, THAT HAVE BEEN EXPLICITLY STATED IN THE, IN THE DEVELOPMENT AGREEMENT. OKAY. AND SO IF THEY HAD NOT ACCEPTED THOSE DEVELOPMENT AGREEMENTS, THEY WOULD HAVE BEEN ANNEXED AT THAT POINT IN TIME, CORRECT. OR THEIR PROPERTY THAT'S CORRECT. PROPERTY WOULD HAVE BEEN PART OF THE ANNEXATION THAT THAT'S CORRECT. SO THEY WERE GIVEN LIKE A, AN EXTRA SHOT AT STAYING OUTSIDE OF THE CITY LIMITS, UH, CORRECT. CORRECT. AND, AND BY COMPLYING WITH THOSE REQUIREMENTS IN THE DEVELOPMENT AGREEMENTS? CORRECT. OKAY. THANK YOU COMMISSIONER MCDANIEL QUESTION, RUDY, JUST STRUGGLING HERE TO UNDERSTAND. SO HOW DO WE DETERMINE WHAT OF THIS AGRICULTURAL LAND WAS GONNA FALL UNDER DEVELOPMENT RESERVE VERSUS WHAT WAS GONNA COME UNDER FARM AND RANCH? MM-HMM. . SO THE, UH, REASON FOR THE LISTING, SOME OF 'EM FARM AND RANCH, SOME OF 'EM BEING DR IS THE INITIAL RECOMMENDATION DEFAULTED, UH, TO DR, WHICH IS THE TEMPORARY ZONING DISTRICT THAT IS INTENDED FOR PROPERTIES THAT ARE GONNA BE PROPOSED FOR ANNEXATION. THE REASON WHY, UH, NUMBER THREE, FOUR AND FIVE WERE PROPOSED FOR FARM AND RANCH WAS BECAUSE THAT WAS THE, UH, LEAST RESTRICT RESTRICTIVE ZONING DISTRICT THAT WE COULD LOOK AT. THAT'S, THAT WAS STILL CONSISTENT WITH THE USE THAT WAS ON THE PROPERTY. UH, BUT THAT WAS ALSO WITHIN, UH, YOU KNOW, A A WITHIN CLOSE PROXIMITY TO MAJOR INDUSTRIAL USES. IN THIS CASE, TOYOTA AND THE CITY HAS, UH, SIGNIFICANT INVESTMENT AND, AND WE'RE CONCERNED ABOUT, UH, USES THAT ARE, THAT ARE ADJACENT TO TOYOTA. AND SO THAT WAS THE REASON WHY WE CHOSE LET'S, LET'S PUT FARM RANCH ON THERE. THAT IS, IS THE USE THAT'S ON THOSE PARTICULAR PROPERTIES AND IT IS THE, UH, LEASE DENSE ZONING DISTRICT THAT WE COULD APPLY. OKAY. SO THEN THE ONES THAT WERE ASSIGNED THE DR, ARE THOSE LANDOWNERS PRETTY MUCH IN AGREEMENT WITH, WITH THAT ZONING? WELL, WHAT I WOULD SAY IS THAT THE PROPERTY OWNERS HAVE RECEIVED NOTICES AND NONE OF 'EM HAVE ACTUALLY SENT NOTICES SPECIFICALLY FOR THE ZONING BACK IN OPPOSITION. OKAY. THANK YOU. UM, JUST ALONG THOSE LINES, SO, UM, SO WHAT, UM, LOOKING AT, UH, PROPERTY NUMBER TWO, WHICH IS THE LARGEST PROPERTY BY THE WAY, UM, AND TODAY'S, UM, LIST OF PROPERTIES. SO IF THEY ARE IN FACT USING THAT FOR A FARM AND RANCH, UM, WHAT WOULD BE THE POTENTIAL HAZARDS TO THEM IF WE DIDN'T DR. AND THEN COULD IT LATER THEN BE ZONED SOMETHING ELSE EVEN THOUGH THEY ARE IN FACT USING IT FOR A FARM AND RANCH? SO, UM, A COUPLE OF OPTIONS ARE, ARE, WOULD BE AVAILABLE. THE FIRST ONE WOULD BE THAT THE PROPERTY OWNER CAN ALWAYS REQUEST A ZONING CASE ON THEIR OWN IF THEY ARE CHANGING THE USE OR IF THEY DO WANT A, AN FR ZONING DISTRICT. UM, THE OTHER WOULD BE WORKING WITH US AGAIN THROUGH THE LARGER COMMUNITY PLANNING PROCESS, CATEGORIZING PROPERTY IN A MANNER THAT WOULD BE CONSISTENT WITH THAT PROCESS. AND THEN ULTIMATELY THE CITY WOULD INITIATE A ZONING CASE THAT WOULD IMPLEMENT THAT LAND USE PLAN. UM, SO THERE, THERE'S A NUMBER OF DIFFERENT WAYS THAT WE, THAT A DIFFERENT ZONING DISTRICT WILL ULTIMATELY APPLY ON THE PROPERTY. OKAY. LET'S SEE. 'CAUSE I THINK, SO THROUGH OTHER LARGE AREA REZONINGS, I THINK YOU USUALLY KIND OF LOOK AND SEE WHAT THE EXISTING USE IS THERE, AND THEN I THINK MOST OF THE TIME IT'S THAT YOU RECOMMEND WHAT'S THERE. SO WHAT WOULD BE THE DIFFERENCE FOR THIS ONE NOW INSTEAD OF, SINCE IT'S BEING USED FOR FARM AND RANCH, WHY WOULDN'T IT JUST BE AUTOMATICALLY BE CONSIDERED FOR FARM AND RANCH NOW, SINCE THAT'S WHAT IT'S BEING USED FOR, THE, AGAIN, THE VAST MAJORITY OF PROPERTIES OR THE, DID THE FEE, THE, PARDON ME, THE DEFAULT RECOMMENDATION FOR ALL OF THE PROPERTIES WAS DR. EXCEPT IN THOSE INSTANCES WHERE THEY WERE, UH, ADJACENT TO MAJOR INDUSTRIAL USES, IN WHICH CASE WE WENT TO THE FARM AND RANCH, WE WILL CONTINUE TO WORK WITH PROPERTY OWNERS THROUGH THE LARGER PLANNING PROCESS. BUT REALLY THE DEFAULT WAS, THE FACT WAS THE DR GIVEN THE FACT THAT IT'S A TEMPORARY ZONING DISTRICT THAT IS INTENDED FOR, UH, UH, PROPER, UH, CASES WHERE WE'RE DOING ANNEXATION. OKAY. ALRIGHT. SO LET'S SEE. SO LET ME FOLLOW THIS. SO, UH, ONE I THINK, OKAY, I'M NOT TRYING TO BEAT A DEAD HORSE. I THINK I FINALLY GET INTO MY TO WHERE I CAN, UH, THINK ABOUT THIS. BUT, UM, SO, SO THEY SIGNED THIS ANNEXATION, UM, AGREEMENT OR DEVELOPMENT, UH, SERVICES AGREEMENT. AND SO THERE'S ZERO TOLERANCE POLICY, SO THEY LEASE THAT LAND. SO NOW THEY, THEY TALKED ABOUT HOW MUCH TAXES THEY, THEIR TAXES WOULD INCREASE, BUT, SO IF WE ARE GOING TO IN FACT, UM, ANNEX IT TO ME THE LE THE LEAST HARM TO THEM IS TO LEAVE IT AS FARM AND RANCH TO ZONE IT AS FARM AND RANCH AND NOT DR AND THEN POTENTIALLY, UM, HARM, YOU KNOW, OR PUT A THREAT THAT IT COULD END UP BEING SOMETHING ELSE SINCE THEY ARE IN FACT USING IT AS FARM AND RANCH. SO WHY COULDN'T WE JUST USE, I, I DON'T UNDERSTAND WHY WE CAN'T JUST HAVE IT AS FARM AND RANCH. UM, SURE. SO, UM, FOR THE FIRST ANSWER TO THE QUESTION, I I, WHICH IS PROBABLY THE, THE SIMPLER ONE, UH, MAYBE [03:25:01] NOT SORT OF THE ONE THAT YOU'D LIKE TO HEAR THOUGH, IS THE FACT THAT, UM, IN LOOKING AT THE RANGE IN THE UNIFIED DEVELOPMENT CODE FROM GOING OUTSIDE THE CITY LIMITS, WHICH IS THE ABSENCE OF ZONING TO DR, WHICH IS THE VERY NEXT ZONING DISTRICT, THERE ISN'T ROOM TO RECOMMEND OR APPLY ZONING DISTRICT THAT IS OUTSIDE THAT RANGE. SO IT IS, DR IS THE MOST UH, IS THE ZONING DISTRICT THAT COULD BE RECOMMENDED AND APPLIED FOR A PROPERTY, GIVEN THESE CIRCUMSTANCES? IT, IT SEEMS CONFUSING ME. IT'S ALMOST SEEMS LIKE A TAKING, I MEAN, YOU KNOW, LIKE WELL TAKING WOULD BE THAT WE WOULD BE REMOVING ALL, ALL ABILITY TO USE THE PROPERTY AND WE'RE NOT DOING THAT, GIVEN THE FACT THAT ULTIMATELY THEY WOULDN'T CONTINUE TO USE THE PROPERTY. MM-HMM. , UH, AS THEY ARE TODAY, GIVEN THE FACT THAT, UH, THERE ARE PROTECTIONS BOTH IN THE UNIFIED DEVELOPMENT CODE AND STATE LAW ON HOW THE PROPERTY CAN BE USED. AND SO THEY ARE PROTECTED IN TERMS OF THE CONTINUED USE OF THEIR PROPERTY. UM, BUT ADDITIONALLY, DR DOES ALLOW, BASICALLY R SIX, UH, IT ALLOWS SINGLE FAMILY RESIDENTIAL USE AT A, AT ADEN, AT A, UH, WITH A LOT SIZE, A MINIMUM LOT SIZE OF, OF 6,000 SQUARE FEET. SO THERE IS AN ADDITIONAL USE ON TOP OF THE USE THAT THEY CURRENTLY HAVE TODAY THAT'S AVAILABLE TO THEM. OH. SO THEN THAT COULD BE FAVORABLE TO A DEVELOPER LATER OR SO? I MEAN, I DON'T KNOW. THEY'D HAVE TO GIVE UP THEIR RIGHTS. I DON'T KNOW. I DON'T, I DON'T, I I WOULDN'T, I WOULDN'T, I WOULDN'T SPECULATE OTHER THAN TO SAY THAT WE ARE, WE ARE OPEN TO WORKING WITH THEM AS PART OF THE COMMUNITY PLANNING PROCESS, THINK THAT WE CAN, UH, ALL AGREE AT THAT TIME, YOU KNOW, AS PART OF THAT PROCESS AND WITH THEIR NEIGHBORS AND JUST A, A LARGER COMMUNITY DISCUSSION ABOUT THE FUTURE GROWTH AND, AND, AND PATTERNS ABOUT THEIR LAND. SO EVERYBODY ELSE CAN DECIDE WHETHER OR NOT THEY GET TO KEEP THEIR FARM RANCH PURPOSE ABOUT. WELL, THEY, AGAIN, THEIR, THEIR USE IS ALLOWED TO CONTINUE REGARDLESS OF WHAT ACTION THE CITY TAKES. OKAY. THANK YOU. CAN I INTERJECT TO FOLLOW UP EXACTLY WHAT RUDY SAID? THEY HAVE THE RIGHT, IF THEY ARE USING THE, UH, PROPERTY IN AN AGRICULTURAL PURPOSE, THEY HAVE A RIGHT UNDER TWO LEGAL PRINCIPLES. ONE IS A CONTINUATION OF THAT LAND USE IF THEY ARE USING IT FOR FARM AND RANCH OR ANY AGRICULTURAL USE. THAT'S THE CONTINUATION OF LAND USE. THAT'S ONE THAT IS AFFORDED TO ANY OF THESE PROPERTY OWNERS. BUT IT ALSO UNDER THE AGRICULTURAL CODE, WE CAN ANNEX THEM. WE CANNOT TAKE AWAY THEIR AGRICULTURAL RIGHTS. THEY HAVE THAT. RIGHT. AND IF THEY QUALIFY UNDER THE APPRAISAL DISTRICT, WHICH THE CITY DOES NOT CONTROL, OR THAT AGRICULTURAL EXEMPTION, THEY WILL CONTINUE TO HAVE THAT. IF THEY FOLLOW UP AND PURSUE THAT OR MAINTAIN IT, THIS ANNEXATION DOES NOT TAKE AWAY THAT EXEMPTION. SO THEY HAVE A RIGHT TO CONTINUE THEIR AGRICULTURAL USE AND IF THEY QUALIFY FOR THE EXEMPTION, THAT WOULD CONTINUE AS WELL. COMMISSIONER MCDANIEL? SO I WOULD ECHO ON THAT. IF THEY HAVE THE RIGHT TO CONTINUE THEIR AGRICULTURAL USE, AND IF THAT IS WHAT THEY ARE DOING TODAY AND WE RECOGNIZE IT'S WHAT THEY'RE DOING TODAY, THEN WHY WOULD WE NOT GIVE THE APPROPRIATE ZONING CATEGORY AT THIS TIME? BECAUSE INITIALLY IT WAS DETERMINED THAT ALL OF THE PROPERTY WOULD HAVE THE TEMPORARY ZONING AND THAT AS THE PLAN WAS DEVELOPED, THEY WOULD APPLY THE APPROPRIATE ZONING. BUT IT WAS DETERMINED THAT THESE SPECIFIC PROPERTIES THAT ARE THE FARM AND RANCH WERE NOT APPROPRIATE FOR AN R SIX, WHICH IS WHAT THE UNDERLYING USES YOU GET WITH THAT TEMPORARY ZONING. SO THAT'S WHY THOSE, THE FARM AND RANCH DESIGNATION IS BEING REQUESTED. THE OTHER PROPERTIES, I DON'T BELIEVE, AND I PLANNING NEEDS TO SPEAK ON THEIR OWN BEHALF. I DON'T BELIEVE THAT THEY HAVE DETERMINED THAT IT'S INAPPROPRIATE FOR THOSE OTHER PROPERTIES TO GET FARM AND RANCH. IT'S JUST THE STARTING THE DEFAULT WAS THE TEMPORARY ZONING AND THEN TO COME BACK AND DO THE APPROPRIATE ZONING WITH CAREFUL ANALYSIS. RIGHT. BUT WE ARE PUTTING A BURDEN ON THEM TO COME BACK THROUGH A ZONING PROCESS TO CORRECTLY ZONE, IF THEY WANNA REMAIN FARMER RANCH FOR THE NEXT 10 YEARS. I BELIEVE THAT THE PLANNING DEPARTMENT WAS GOING TO INITIATE THAT. SO IT'S NOT BEING PLACED ON THE PROPERTY OWNERS, BUT THE TEMPORARY ZONING WAS APPLIED FOR NOW AND THEN THAT THE PLANNING DEPARTMENT WOULD REZONE THE APPROPRIATE, UH, DISTRICTS. WE DO HAVE FURTHER PLANS TO LOOK INTO THIS AREA FOR PROPERTIES ONE THROUGH EIGHT, WHICH INCLUDE THOSE THAT WE'RE PROPOSING THE E F R, UM, UNDER THE FAR SOUTHWEST COMMUNITY PLANS, SO THAT WE ARE GONNA GO BACK AND, AND LOOK AT WHAT'S APPROPRIATE AT THAT TIME. THE RESPECT, I THINK WE JUST NEED TO TAKE CARE OF IT NOW. I THINK IF THE USE TODAY IS FARM AND RANCH, UNLESS THE HOME, UM, THE PROPERTY OWNERS HAVE SAID, NO, WE DON'T, WE WANT DR WE NEED TO GIVE THEM THE, THE APPROPRIATE USE THAT THEY HAVE TODAY. AND, AND THERE'S A, THERE'S ONE OTHER ITEM THAT I WOULD ALSO LIKE TO, TO JUST OFFER FOR THE COMMISSION, AND THAT'S [03:30:01] A, THIS PROPERTY IS ALSO SPLIT LAND USE CATEGORIZED, MEANING THAT BACK WHEN THE HERITAGE SOUTH SECTOR PLAN WAS ADOPTED, THIS PROPERTY HAS MULTIPLE LAND USE CATEGORIES ON IT, OF WHICH FARM AND RANCH IS NOT CONSISTENT WITH ONE OF THOSE LAND USE CATEGORIES. AND, AND THE, WHEN THAT WAS APPLIED, FIELD NOTES WERE NOT PROVIDED TO THE PLANNING DEPARTMENT. SO EVEN IF WE, EVEN IF WE, IRRESPECTIVE OF THE RANGE THAT'S IN THE UNIFIED DEVELOPMENT CODE, EVEN IF WE WANTED TO, WE WOULDN'T HAVE THE ABILITY TO PROVIDE FARM AND RANCH FOR A GOOD PORTION OF THIS PROPERTY BECAUSE IT'S NOT EVEN CATEGORIZED TODAY AS HAVING THE ABILITY TO, TO TO HAVE A FARMING RANCH ZONING DISTRICT APPLY TO IT. IF THAT'S THE CASE, THEN HOW, THEN BY RIGHT, CAN THEY CONTINUE TO DO THAT? I MEAN, YOU'RE GIVING ME, YOU'RE GIVING ME TWO DIFFERENT ARGUMENTS IF THEY HAVE THE RIGHT TO DO IT AND HAVE THE RIGHT TO CONTINUE TO USE IT AS, UH, FARMING AND RANCHING MM-HMM. . RIGHT. SO, SO THEN I, I'M, I'M NOT FOLLOWING YOU AS TO WHY THAT'S NOT AN ALLOWABLE ZONING CATEGORY BECAUSE, WELL, I THINK THAT WE'RE TALKING ABOUT MAYBE THE, THE ISSUE OF THE USE THAT, THAT EXISTS ON THE PROPERTY TODAY IS IN OF ITSELF FARMING AND RANCHING. THAT IS THE USE THAT'S ON THE PROPERTY. WHAT WE'RE DISCUSSING IS THE ACTUAL ZONING DISTRICT OF FARM RANCH, AND FARM RANCH AS A ZONING DISTRICT IS CONSISTENT IN CERTAIN LAND USE CATEGORIES. ONE OF THE LAND USE CATEGORIES THAT HAS BEEN PLACED ON THIS PROPERTY DOES NOT HAVE FARM AND RANCH AS A CONSISTENT ZONING DISTRICT WITHIN THAT CATEGORY. SO WE WOULDN'T, IT WOULDN'T BE AVAILABLE FOR US TO EVEN ZONE A, A GOOD PORTION OF THIS PROPERTY THAT WOULD REQUIRE A PLAN AMENDMENT. THUS, THE NEED FOR US TO GO THROUGH A COMMUNITY PLANNING PROCESS TO TAKE A WHOLE LOOK AT THIS AREA, TO LOOK AT THIS PROPERTY ALONG WITH OTHERS AND DETERMINE WHAT THE APPROPRIATE PATTERN IS, AND THEN TO CATEGORIZE IT APPROPRIATELY AT THAT TIME AND AT IT WOULD BE AT THAT TIME THAT WE COULD THEN ZONE THE ENTIRE PROPERTY ACCORDING TO WHAT THE DESIRES OF THE COMMUNITY ARE ALONG WITH THE PROPERTY OWNER. WELL, AGAIN, AND THIS GETS TO MY COLLEAGUE'S POINT, YOU'RE TAKING AWAY THE RIGHT, THE HERITAGE, THIS LAND USE THAT HAS BEEN THERE FOR AS LONG AS IT'S BEEN CARVED OUT ARBITRARILY BY CITY PROCESSES COMING IN AND STATING, NO, NO LONGER CAN YOU FARM AND RANCH HERE IN THE FUTURE. 'CAUSE IT DOESN'T FIT WHAT WE WANT IT TO FIT. OKAY. I, WELL, I, ALL I COULD SAY IS THAT THE USE OF THE PROPERTY IS ALLOWED TO REMAIN. IT WILL CONTINUE TO, TO BE ALLOWED TO REMAIN BASED ON BOTH THE, THE TEXAS LOCAL GOVERNMENT CODE AND THE UNIFIED DEVELOPMENT. THEY CAN CONTINUE TO DO FARMING AND RANCHING ON THE PROPERTY. PLUS THEY HAVE THE ABILITY TO ALSO DO SINGLE FAMILY RESIDENTIAL LOTS AT A DENSITY, AT A LOT, A MINIMUM LOT SIZE OF 6,000 SQUARE FEET. SO THEY ACTUALLY HAVE MULTIPLE USES THAT ARE ALLOWABLE FOR THIS PROPERTY. OKAY. WELL, WE'LL AGREE TO DISAGREE ON THAT. YES, MA'AM. THANK YOU. THIS IS, UM, I GUESS , KAMAL , I GUESS IT'S, AM I ALLOWED TO MAKE MOTIONS BECAUSE, UH, KAMAL, UH, IT SAYS THREE AND FOUR, IT ORIGINATES. UM, IT'S IN OUR, UM, DISTRICTS. SO DO YOU WANT TO, UH, GO AHEAD, COMMISSIONER GIBBONS? MM-HMM. , UH, I'M LISTENING TO THE DISCUSSION, BUT THE LANDOWNER IS NOT HERE. RIGHT. SO YEAH, IT'S NOT PRESENT. OKAY. THE LANDOWNER'S NOT HERE TO DEFEND OR TO SAY OTHERWISE ON THAT, BUT I GUESS THE CITY HAS LOOKED AT THE USE OF THIS LAND WOULD BE APPROPRIATE FOR THIS IN THE FUTURE, AND THEREFORE WE'RE SAYING LAND USE FOR THAT. BUT HE CAN RIGHT NOW BE THE FARMER RANCH THAT HE IS. YES. THEY CAN CONTINUE THEIR USE. THAT'S CORRECT. BUT THE, I MEAN, THAT'S GONNA HAPPEN A LOT. WE'RE GONNA GET, A LOT MORE OF THESE CASES ARE GONNA COME IN WHERE CITY'S GONNA LOOK AT LAND USE AND SAY, HEY, WE THINK THIS INSTEAD OF THAT, AND WE'RE GONNA HAVE TO DECIDE AS ZONING COMMISSIONERS FOR THE APPROPRIATE ZONING TO FOLLOW THE LAND USE. SO THIS IS NOT GONNA BE THE FIRST TIME WE'RE GONNA COME ACROSS THIS. OKAY. SO, UM, AM I, AM I ALLOWED TO MAKE MOTIONS? ? I GET AM AM I AS THE CHAIR? I CAN'T MAKE A MOTION, CAN I? I CAN'T. OKAY. OKAY. . ALL RIGHTY. WELL, LET'S SEE HOW THIS GOES. UM, I'D LIKE TO, UM, UH, MAKE A MOTION, UM, THAT, UM, ITEM NUMBER 20, UM, IS APPROVED. BUT I MEAN, I GUESS YOU CAN'T, THAT'S CRAZY. I I'M NOT READY FOR THE MOTION YET BECAUSE THE PLAN, THE PLAN, SO THERE WAS A PLAN PUT OVER THIS PARTICULAR, UM, PROPERTY ALREADY. SO WHICH PLAN IS THIS? THE SOUTH, THE HERITAGE SOUTH, UM, WITH THIS LAND OWNER AND THEY'RE USING IT AS FARM AND RANCH. BUT NOW THAT, THAT PLAN NOW SUPERSEDES THAT THAT ZONING AND THEY CAN'T HAVE THAT ZONING BECAUSE THIS PLAN WAS PUT IN OVER SOMETHING THAT THEY'VE OWNED FOR ALL THIS TIME. BECAUSE I WOULD LIKE TO ACTUALLY RECOMMEND FOR FARM AND RANCH, BUT YOU'RE SAYING IT WOULDN'T GO BECAUSE [03:35:01] IT WOULD HAVE TO GO FOR A PLAN AMENDMENT. SO WHAT HAPPENED LAST WEEK, ALL WITH THE PLANNING, SO WE TOOK IT OUT, BUT THAT HAD NOTHING THAT HAD TO DO WITH, BUT THAT HAD NOTHING TO DO WITH THE HERITAGE SOUTH PLANT THAT THAT ONLY HAD TO DO WITH ANNEXATION. THAT THAT'S CORRECT. UH, AT THE PLANNING COMMISSION, UH, LAST WEEK, WHAT WAS CONSIDERED AND WHAT WAS RECOMMENDED BY THE PLANNING COMMISSION WAS, UM, APPROVAL OF ANNEXATION OF ALL OF THESE PROPERTIES, SAVE AND ACCEPT, UH, PROPERTY NUMBER TWO. SO WHAT THE, THE STAFF WILL DO WHEN WE GET TO THE, THE COUNCIL MEETING IS WE WILL, WE WILL MAKE STAFF'S RECOMMENDATION AND WE WILL ALSO ANNOUNCE THAT THE PLANNING COMMISSION MADE THE RECOMMENDATION OF, OF APPROVAL AS WELL SAVE AND ACCEPT, UH, PROPERTY TOO. SO THAT, THAT PROP THAT, UH, RECOMMENDATION WILL BE ANNOUNCED AT THE COUNCIL MEETING. YES, PLEASE. SO, I, I GUESS, GUESS WHAT WE'RE MAYBE SOME OF US ARE GETTING AT IS NOT SO MUCH WITH THE LANDOWNER RIGHTS, 'CAUSE I THINK WE UNDERSTAND THAT, BUT ESSENTIALLY WHAT IT SEEMS WE'VE NOW COME TO IS THAT YOU, YOU ARE TELLING US THAT IF, I'M NOT SAYING WE SHOULD, BUT IF, IF WE WANTED TO RECOMMEND THE FR INSTEAD OF THE DR ON PROPERTY TWO, WE CAN'T BECAUSE IT'S NOT, IT DOESN'T FIT WITH THE PLAN. BECAUSE THE CURRENT LAND USE PLAN THAT WAS ADOPTED, WHICH WAS A CONUNDRUM FOR US AS WELL, IF WE WANTED TO RECOMMEND THE FR ZONING DISTRICT ON THE, ON, ON ITEM NUMBER TWO, IT WOULD'VE REQUIRED A PLAN AMENDMENT AS WELL, WHICH WAS NOT WITHIN THE PURVIEW OF THE PLANNING DEPARTMENT TO DO AT THE TIME AS IT RELATED TO AN ANNEXATION CASE. SO WE WOULD LOOK AT THE LAND USE AS PART OF A PROCESS TO FOLLOW THE ACTUAL ANNEXATION AND APPLICATION OF ZONING. BUT TODAY, CURRENTLY, THIS PROPERTY ACTUALLY, IF WE WERE TO, IF A RECOMMENDATION WERE TO MOVE FORWARD TO FARM AND RANCH, UM, IT WOULD BE, IN A PART OF IT WOULD BE INCONSISTENT WITH THE LAND USE PLAN THAT'S BEEN ADOPTED BY COUNCIL. BUT THE LAND USE PLAN WAS, CAME FROM THE PLANNING DEPARTMENT IN THE FIRST PLACE. IT WAS ADOPTED BY THE CITY OF SAN ANTONIO. YES. BUT, OKAY. BUT, AND WE HAD A, WE AND WE HAD A MANDATE AT THE TIME TO CREATE A LAND USE PLAN. WE DON'T NECESSARILY HAVE A MANDATE RIGHT NOW TO GO AND CHANGE THE FUTURE LAND USE PLAN FOR A PROPERTY THAT WE'RE ANNEXING THAT VIOLATED A DEVELOPMENT AGREEMENT. OKAY. I, I GUESS THAT'S WHY IT JUST SEEMS STRANGE TO US. 'CAUSE WE, WE DON'T ACTUALLY HAVE A CHOICE. SO I DON'T EVEN KNOW WHY WE'RE SPENDING TIME TALKING ABOUT IT 'CAUSE WE DON'T HAVE A CHOICE. UM, BUT I, BUT I THINK I, I THINK THE CONCERN IS NOT SO MUCH WITH THE LANDOWNERS, BUT AS WITH, UM, I'LL JUST SAY THIS. I, I ACTUALLY HAVE A RESEARCH ARTICLE COMING OUT ON SAN ANTONIO'S ANNEXATION POLICY COMPARED TO OTHER MAJOR CITIES IN TEXAS. UM, AND THERE'S ALWAYS, UH, SOME, SOME STRANGE ASPECTS TO IT. UM, AS FAR AS HOW THE FUTURE PLANNING, UH, IS, IS IMPOSED ON THE AREA. AND AGAIN, I KNOW, I KNOW THE INDIVIDUAL LANDOWNERS ARE PROTECTED, BUT I THINK THAT'S WHAT SOME OF THE, AND, AND YOU GUYS ARE THE PROFESSIONALS, AND I COMPLETELY TRUST YOU ON THIS, BUT I THINK THAT'S WHAT'S COMING FROM US, IS WE'RE SORT OF PUZZLED ABOUT WHY IT CAME OUT THE WAY IT DID SURE. AND HOW NOW IT COMES TO US WITH WELL, YOU DON'T ACTUALLY HAVE ANY CHOICE. YEAH. AND, AND, AND KEEP, AND COMMISSIONERS JUST, UH, OUT OF, OUT OF RESPECT, I WOULD LIKE TO SAY THAT, UM, IT WAS NOT THE INTENT TO HAMSTRINGING A, A COMMISSION OR, OR ANY OTHER BOARD IN TERMS OF THE TYPE OF RECOMMENDATION THAT COULD BE MADE. THE, THE STAFF WAS ALSO PUT IN A POSITION WHERE WE, EVEN IF WE WANTED TO RECOMMEND FR FOR A PIECE OF PROPERTY FOR THIS PARTICULAR PIECE OF PROPERTY, WE COULDN'T GIVEN THE WAY THAT THE PROPERTY IS CURRENTLY CATEGORIZED BY, UH, THROUGH MULTIPLE CATEGORIES. SO, UM, I JUST WANTED TO TO OFFER THAT UP FOR YOU AS WELL. YES. COMMISSIONER GREATHOUSE, BUT SORRY, THERE COULD BE A PLAN AMENDMENT FOR THIS PROPERTY AND IT COULD THEN BE ZONED FR IF WE, IF WE RECOMMEND DR. NOW. AND, AND I DON'T KNOW, WOULD YOU GUYS DO THE PLAN AMENDMENT, WHAT THE PROPERTY OWNER HAVE TO PETITION FOR THAT? HOW WOULD THAT WORK? UM, THERE'S A COUPLE OF AVENUES. THE FIRST WOULD BE YES, THE PLAN, THE, THE PROPERTY OWNER IS ALWAYS WELCOME TO SUBMIT AN APPLICATION FOR A PLAN AMENDMENT IN THE ZONING CHANGE. THEY CAN DO THAT AT ANY TIME FOLLOWING COUNCIL'S ADOPTION. UH, SECONDARILY THEY CAN WORK WITH US AND THEN WE CAN ALSO DO THAT PROCESS AS PART OF, UH, IMPLEMENTING THE ESSAY TOMORROW, UH, UH, PLANNING PROGRAM. SO WHEN WE ACTUALLY DO THE, THE COMMUNITY PLAN IN THIS AREA, A LAND USE CATEGORY IS ADOPTED BY COUNCIL FOR THE PROPERTY, WE CAN THEN, UH, UH, ZONE IT TO A MORE APPROPRIATE ZONING DISTRICT AT THAT TIME. AND WOULD THERE BE ANY COST TO THE LANDOWNER TO FOLLOW THAT PROCESS? THAT NO MA'AM. THOSE ARE CITY INITIATED REZONING CASES AT THAT POINT. OKAY. AND HOW, FOR HOW LONG WOULD, WOULD THE DR BE ABLE TO STAY ON THERE BEFORE YOU WOULD HA LIKE WHAT'S A TYPICAL TIMEFRAME FOR THAT? I DON'T KNOW IF THERE ARE NECESSARILY TYPICAL TIMEFRAMES. I THINK THAT IN THE PAST WE HAVE SEEN SOME THAT HAVE LASTED QUITE A WHILE. BUT THAT'S BECAUSE THE CITY DIDN'T HAVE, UM, AS AGGRESSIVE OF A PLANNING PROCESS AS WE DO NOW WHERE WE'RE REALLY TRYING TO MAKE SURE PLANS ARE ADOPTED AND THAT WE'RE UPDATING THEM CONSISTENTLY AND THAT WE'RE FOLLOWING THEM RIGHT UP WITH ZONING. UM, SO, UH, THE O I WOULDN'T NECESSARILY WANNA GIVE YOU A TIMEFRAME, RATHER TO SAY THAT, YOU KNOW, WE'RE, WE'RE WORKING AS EXPEDITIOUSLY AS WE CAN AND THIS PROPERTY WOULDN'T FALL THROUGH THE CRACKS IN THAT. OKAY. THANK YOU COMMISSIONER GIBBONS. UM, I'M NOT SO SURE THAT WE DON'T HAVE A CHOICE. IT WOULD SEEM THAT I GET THAT YOU'RE OVERLOOKED THIS AND YOU SAY THE LAND SHOULD [03:40:01] BE USED THIS WAY. NOW YOU COME TO ZONING AND SAY, WOULD YOU, WOULD YOU AGREE TO THAT USE OF LAND AND REZONE IT TO THIS CATEGORY? AND SO THE ZONING COMMISSION CAN SAY, WE WOULD AGREE THAT MAYBE THAT'S WHAT YOU GUYS THINK THE LAND IS USED FOR, BUT THE LAND IS, IS CURRENTLY BEING USED FOR THIS AND WE DON'T AGREE FOR THE Z THE CHANGE OF THE ZONING TO THAT LAND. SO WE MIGHT NOT AGREE TODAY, AND YOU WOULD HAVE TO COME BACK ANOTHER DAY TO TRY TO GET THE ZONING THAT YOU WANT TO FIT THE LAND USE THAT YOU SEE. SO I THINK THAT WE COULD SAY, WE'LL APPROVE PROPS, WHATEVER, AND EXEMPT THIS PROP FROM THE ZONING CHANGE OF DR. UM, AGAIN, I WOULDN'T, THIS IS, CAN I CHIME IN VERY QUICKLY? I THINK YOUR MOTIONS IN FRONT OF YOU ARE VERY SIMPLE. IT'S EITHER MOTION TO APPROVE AS PRESENTED BY STAFF IF IT, IF THERE'S A CONCERN RELATED TO THE PROPERTY. NUMBER TWO, IT'S A MOTION TO DENY, NOT A MOTION TO EXEMPT, A MOTION TO DENY. AND THEN THE THIRD OPTION IS, WELL, I MEAN IS, IS A CONTINUANCE, BUT THE CONTINUANCE ACTUALLY PUTS US OUTSIDE OF THE, OF THE PROCESS. IT NEEDS TO MOVE FORWARD TO COUNSEL. AND WE HAVE VERY LIMITED MEETINGS LEFT FOR THE REST OF THE YEAR. SO REALLY IT'S A MOTION TO APPROVE IF THAT'S WHAT YOU WANNA DO, OR A MOTION TO DENY THAT, THAT PARTICULAR PARCEL. AND IT'S JUST A RECOMMENDATION THAT'S MOVING FORWARD TO COUNCIL. SHOULD COUNCIL CHOOSE TO ANNEX. THEY HAVE YOUR RECOMMENDATION AS A RECOMMENDING BODY REGARDING THE ZONING. BUT, UH, WHY AREN'T THESE SUBMITTED TO US INDIVIDUALLY? THEY'RE NOT ALL THE SAME LAND OWNER, SO WHY AREN'T WE VOTING ON THEM INDIVIDUALLY? CAN WE SEPARATE OUT AND DO SEPARATE VOTES INDIVIDUALLY? UM, THERE, THE PART, UH, MA'AM, PART OF THE REASON WHY WE NUMBER THESE IS SO THAT YOU COULD HAVE THE OPPORTUNITY TO VOTE ON INDIVIDUAL PROPERTY. SHOULD YOU, SHOULD YOU, SO SHOULD YOU SO CHOOSE TO DO THAT. UM, PROPERTY NUMBER ONE THROUGH PROPERTY NUMBER 11, UM, THAT IS THE PURVIEW OF THE, THE CHAIR AND THE COMMISSION. IF YOU ALL CHOOSE TO DO THAT, DO IT IN THAT FASHION. OKAY. THEN COULD I MAKE A MOTION THAT WE VOTE ON EACH PROPERTY INDIVIDUALLY? IS, IS A MOTION EVEN NECESSARY OR WOULD THAT REALLY BE THE PURVIEW OF THE CHAIR? HOWEVER THE MOTION IS MADE. OKAY. CAN I MAKE A COMMENT? I JUST WANNA, WELL ACTUALLY I WANNA ASK KAT A QUESTION. IF, IF WE, IF WE VOTE TO DENY THE RECOMMENDATION, UH, IT, IT GOES TO COUNCIL AS ZONING COMMISSION RECOMMENDING NO ZONING. RIGHT. SO, I MEAN, I DON'T UNDERSTAND THE POINT OF DOING THAT, OF STANDING ON CEREMONY. 'CAUSE IT SEEMS SORT OF RIDICULOUS FOR ZONING COMMISSION TO SAY, I MEAN, WE CAN BE UNHAPPY WITH IT, BUT TO SAY WE'RE SENDING IT FORWARD WITH A RECOMMENDATION FOR NO ZONING MAKES ABSOLUTELY NO SENSE. I I HEAR YOUR POINT. IT COULD ALSO BE A RECOMMENDATION, UH, IF THE MOTION FAILED. IT'S SORT OF, IT, IT'S SIMILAR TO OTHERS, UH, CASES THAT HAVE COME BEFORE YOU. IF A MOTION FAILS, IT MOVES FORWARD TO COUNSEL FOR AS A DENIAL FOR LACK OF EMOTION. UM, SO IT'S NOT THAT YOU'RE SAYING WE DON'T WANT ANY ZONING ON THIS, IT'S JUST THAT YOU DON'T AGREE WITH WHAT THE PROPOSED ZONING IS BECAUSE YOU CAN'T PROPOSE AN ALTERNATIVE ZONING DISTRICT THAT IS NOT CONSISTENT WITH THE PLAN. I KNOW. I JUST, I KNOW IT'S NOT GONNA GET REALLY COMMUNICATED LIKE THAT, REALLY. SO, I MEAN, I'M JUST SAYING IT TO THE COMMISSIONERS. I DON'T KNOW THAT IT'S WORTH GOING THROUGH ONE AT A TIME, BUT, BUT, UM, WELL, SO IF IT'S JUST FOR THAT ONE PROPERTY, I THINK IT'S WORTH IT BECAUSE IT ALREADY GOT PULLED ON THE LAST AT THE PLANNING ANYWAY. AND THEN I JUST HAVE ANOTHER QUESTION. I DON'T KNOW IF ANYBODY KNOWS, BUT, UM, SO IS THERE ANY, UH, PARTICULAR SPECULATION OR ANY DEVELOPERS OR ANY OVERALL PLANS, UM, FOR DEVELOPMENT OUT IN THAT AREA? LIKE IS THERE LIKE A SPECIAL, YOU KNOW, UH, DEAL GOING ON RIGHT NOW, UM, TO KIND OF PUSH FOR HOUSING AND THINGS OF THAT SORT AND THAT PARTICULAR AREA? UH, RIGHT NOW THE ONLY, UH, MOTIVATION FOR MOVING THESE PROPERTIES FORWARD IS BECAUSE OF A VIOLATION OF DEVELOPMENT AGREEMENT AND THE NEED TO APPLY ZONING. OKAY. UM, WE WOULD LIKE TO OFFER UP ONE OTHER OPTION, UH, TO THE COMMISSION, GIVEN THAT, I MEAN, WE, WE HEAR YOUR CONCERNS. WE UNDERSTAND. UM, ANOTHER OPTION COULD BE, AND I FEEL LIKE THE COMMISSION HAS DONE THIS IN THE PAST, WE JUST, UH, CHECKED WITH SUSAN AND KAT IS TO MAKE A MOTION TO, AND I I DON'T WANNA PUT WORDS IN YOUR MOUTH, BUT TO MAKE A MOTION TO APPROVE THE ZONING SO THAT ZONING IS APPLIED, UH, TO THE PROPERTY. UM, BUT ALSO RECOMMENDING THAT THE COUN TO THE COUNCIL THAT STAFF RE-LOOK AT THIS IN A MORE EXPEDITIOUS MANNER, UH, AND DETERMINE IF, IF, UH, IF THERE IS A BETTER ZONING DISTRICT THAT COULD APPLY TO THE PROPERTY. SO BASICALLY THAT WOULD BE PART OF YOUR RECOMMENDATION TO THE COUNCIL TO ASK, YOU KNOW, IF, IF, IF THE DESIRE IS THAT FFR IF BE MORE APPROPRIATE, THAT COULD [03:45:01] BE PART OF YOUR RECOMMENDATION TO COUNSEL. THE FLOOR IS OPEN FOR A MOTION. COMMISSIONER GIBBONS, I HAVE A QUICK QUESTION. DID ANY OF THE LANDOWNERS OBJECT TO THE, WHEN YOU WERE PLANNING OUT THE LAND USE, DID ANY OF THEM OBJECT OR MAKE A, UM, GIVE THEIR CONCERN ON WHAT THE LAND USE PRO PROPOSITION WAS? UNDERSTOOD? UM, ACTUALLY, ACTUALLY I WOULDN'T BE ABLE TO COMMENT ON THAT BECAUSE THE PLAN WAS ADOPTED BEFORE EVEN MY TIME WITH THE PLANNING DEPARTMENT. SO I WAS NOT A PART OF THAT PLANNING PROCESS. IT WAS ADOPTED, UM, HERITAGE SOUTH ABOUT 2010 OR SO. SO IT'S BEEN QUITE A WHILE. SO I, I COULDN'T, I, I WOULDN'T KNOW WHO SUPPORTED OR OPPOSED THE PLAN AT THAT TIME. OKAY. COMMISSIONER GREATHOUSE. YEAH. UM, I WAS JUST GONNA ASK, WHEN IS THIS PROPOSED TO BE PART OF THE, UM, THE ESSAY TOMORROW? WHEN IS IT, WHEN WOULD THIS AREA BE COMING UP? IT'S A PHASE FIVE PLANNING AREA. SO WE ARE INITIATING PHASE THREE RIGHT NOW. SO WE'RE TRYING TO INITIATE A CYCLE OF PLANS BECAUSE THE DIRECTION FROM COUNCIL IS TO INITIATE ALL PLANS WITHIN FIVE YEARS. SO WE'RE INITIATING PHASE THREE ACTUALLY THE END OF THIS YEAR, START OF NEXT YEAR. SO BASICALLY ABOUT TWO YEARS WOULD BE AN INITIATION TIMEFRAME. OKAY. OKAY. I GUESS IT'S ME, NOBODY. OKAY. ALRIGHT. , I MAKE A RECOMMENDATION, UM, THAT WE APPROVE, UM, UH, THE ZONING, UM, FOR, UM, ITEM 20 WITH THE RECOMMENDATION THAT, UM, STAFF TAKES AN ADDITIONAL LOOK AT THE RECOMMENDED ZONING FOR PROPERTY NUMBER TWO WITH THE CONSIDERATION FOR WHAT IT IS CURRENTLY BEING USED FOR FARM AND RANCH. WE HAVE THAT DOCUMENT THAT, THAT WORKS FINE. THANK YOU. OKAY. ALRIGHT. UM, THERE'S A MOTION, UM, ON THE FLOOR AND A SECOND. ANY DISCUSSION? COMMISSIONERS ON MY RIGHT. COMMISSIONERS ON MY LEFT. COMMISSIONER GREATHOUSE? YEAH. UM, I JUST WANTED TO KIND OF TALK TO THIS A LITTLE BIT. UM, SO IN REPRESENTING DEVELOPERS, I'VE REPRESENTED DEVELOPERS BEFORE WHO'VE ENTERED INTO DEVELOPMENT AGREEMENTS LIKE THIS FOR NON ANNEXATION. UM, AND IT'S TYPICALLY DONE AS A COURTESY TO THE PROPERTY OWNERS. UM, AND THEY ARE, IF YOU VIOLATE IT, THEN YOU'RE SUBJECT TO BEING ANNEXED, RIGHT? UM, AND I, I'VE, I'VE ALWAYS VIEWED IT REALLY MU REALLY AS A COURTESY FROM THE CITY WHO IS ANNEXING THE PROPERTY. I JUST REPRESENTED A GROUP OF, UM, FOLKS IN SINE, SINE WAS ANNEXING SOME PROPERTY. UM, AND THEY REALLY DIDN'T WANT TO BE ANNEXED AND WE WERE ABLE TO GET IT WORKED OUT, BUT IT, IT WAS VERY MUCH THE PURVIEW OF THE CITY TO SAY, HEY, YOU KNOW, WE'RE GONNA ALLOW YOU TO HAVE THIS DEVELOPMENT AGREEMENT FOR A LIMITED AMOUNT OF TIME. UM, AND, AND IF YOU VIOLATE THE, THE PROVISIONS OF IT, THEN, THEN YOU'RE SUBJECT TO BEING ANNEXED AND, AND BEING ZONED AS WE CHOOSE TO ZONE YOU. SO THE FACT THAT THE COMING AT IT FROM, FROM THE OTHER SIDE, FROM REPRESENTING THE PROPERTY OWNERS IN THIS, TH THIS DOESN'T REALLY GIVE ME THAT MUCH PAUSE. UM, I ALSO TOTALLY AGREE WITH THE PLANNING DEPARTMENT. I, WHILE I UNDERSTAND THE CONCERNS THE PROPERTY IS CURRENTLY BEING USED AS FARM AND RANCH, THEY CAN CONTINUE THAT USE THAT'S PROTECTED BY STATE LAW. UM, AND, AND IT'S INCUMBENT UPON US, AND I'VE SAID THIS A COUPLE OF OTHER TIMES, AND I TRY TO USE THIS AS LIKE ONE OF MY MAIN GOALS WHEN I'M LOOKING AT A ZONING CASES THAT WE ARE, THE ZONING THAT WE'RE RECOMMENDING IS IN ALIGNMENT WITH WHAT THE FUTURE LAND USE CLASSIFICATION FOR THAT PROPERTY IS. SO I UNDERSTAND WHERE THEY'RE COMING FROM SAYING WE CAN'T JUST GO AHEAD AND GIVE THIS FARM AND RANCH, AND THEY DO HAVE THE OPPORTUNITY TO HAVE THE, TO BE A PART OF THE PLANNING PROCESS. IT'S A COUPLE YEARS OUT, SO THAT'S NOT THE GREATEST. BUT THEY ALSO, THEY VIOLATED THEIR DEVELOPMENT AGREEMENT THAT THE CITY OFFERED THEM AS A CONCESSION. AND IT WAS A, A AGAIN, A COURTESY OF THE CITY THAT THEY DID NOT HAVE TO DO. SO I'M NOT, IT DOESN'T GIVE AS MUCH PAUSE, OKAY. THEY WANT TO GO THROUGH A PLAN AMENDMENT AND THEY HAVE TO COME OUT OF POCKET TO PAY FOR THAT AND THEN COME THROUGH A ZONING PROCESS. THAT DOESN'T GIVE ME AS MUCH PAUSE AS, YOU KNOW, MAYBE SOME OF THE OTHER SITUATIONS WHERE WE'RE, WHERE WE'RE DOING A LARGE AREA REZONING AND IT'S KIND OF LIKE, YOU KNOW, YOU DIDN'T REALLY DO ANYTHING TO INITIATE THAT, OR YOU WEREN'T A BAD ACTOR OR VIOLATED AN AGREEMENT YOU HAD WITH THE CITY. SO I'M NOT AS CONCERNED ABOUT THAT. AND THE OTHER THING IS WITH THE DR. THE DR THAT'S, WE'RE NOT SAYING THAT IT'S THAT DR IS ANYTHING OTHER THAN KIND OF A TEMPORARY PLACEHOLDER WITH [03:50:01] THE INTENT TO COME BACK AT SOME POINT. AND IN THE MEANTIME, IF THE PROPERTY OWNER WANTS TO GO THROUGH SOME TYPE OF AN AMENDMENT, THEY CAN, IF THEY WANT TO COME TO REZONING, THEY CAN. SO I, I'M FAIRLY COMFORTABLE GOING FORWARD WITH THIS EXACTLY THE WAY THAT IT IS. AND, AND OBVIOUSLY, YOU KNOW, THIS ISN'T IN MY DISTRICT. I DON'T KNOW THIS AREA THAT WELL, BUT THOSE ARE MY CON THOSE ARE MY FEELINGS FROM THE HAVING BEEN INVOLVED IN THIS IN OTHER CONTEXTS. UM, ANY OTHER DISCUSSION COM, COM COMMISSIONER KAMATH? YEAH, I JUST WANT TO THANK, UH, THE PROPERTY OWNERS, UH, NORM AND ALBERT FOR SPENDING THE AFTERNOON WITH US. . . YES. THANK YOU SO MUCH, . ANY OTHER CO UH, COMMENTS? UH, COMMISSIONER GIBBONS? UM, YEAH, I WOULD AGREE WITH, UH, COMMISSIONER GREATHOUSE. UM, THIS IS A DIFFERENT SITUATION. WE ARE GONNA HAVE CASES COMING DOWN FROM, BECAUSE THE SA TOMORROW PLAN AND FROM LAND USE WHERE THESE ARE EXISTING ZONING AND THEY'VE, THEY'VE, UH, EXISTED IN THE WAY THEY ARE AS ZONING, AND NOW WE'RE GONNA HAVE TO REDECIDE IF THAT LAND USE IS, NEEDS TO BE LOOKED AT. AND I THINK THOSE ARE THE MORE SERIOUS ONES DOWN THE ROAD. BUT IN THIS PARTICULAR CASE, THEY WERE SIGNED AN AGREEMENT AS, UH, COUNSEL HAS STATED AND, UH, VIOLATED IT. SO NOW IT, IT WENT INTO THIS COURSE OF ACTION. SO, UM, I DON'T KNOW IF THAT MEANS I'M SUPPORTING, IT'S JUST A RECOMMENDATION WE'RE SENDING ON. SO I'M, I THINK I'M, I DON'T THINK IT'S ANY HARM EITHER, SO. OKAY. ANY OTHER, UH, COMMENTS? OKAY. ROLL CALL, VOTE PLEASE. COMMISSIONER KAMATH? YES. COMMISSIONER GREATHOUSE? YES. COMMISSIONER SIPES? YES. COMMISSIONER GIBBONS? YES. COMMISSIONER ROMERO? YES. COMMISSIONER MCDANIEL. RELUCTANTLY? YES. COMMISSIONER HUEY? YES. MADAM CHAIR? YES. MOTION PASSES AND THANK YOU STAFF. Y'ALL ARE SO PATIENT, YOU'RE SO KIND. I WISH Y'ALL A WONDERFUL DAY. THANK YOU FOR THANK YOU ALL. UH, BEARING WITH ALL OUR QUESTIONS OR MINE. SHOULD I SAY ? THANK YOU. ALL RIGHT. [22. 19-8924 Consideration and Approval of the November 5 & 19, 2019 Zoning Commission Minutes] SO NOW, UH, MINUTES. WE HAVE TWO SETS OF MINUTES HERE. WE HAVE THE NOVEMBER 5TH MINUTES AND WE HAVE THE NOVEMBER 19TH MINUTES. ANY CORRECTIONS. NOVEMBER 5TH WAS, UH, PRESENTED BACK TO YOU BECAUSE THERE WAS A TYPO. THERE WAS A MIX UP IN THE NAMES RELATED TO ITEM NUMBER 22. SO WE CORRECTED THAT. THANK YOU FOR THAT. IF THERE ARE NO CORRECTIONS, THEN THE MINUTES STAND APPROVED. IS THERE AN EXECUTIVE DIRECTOR'S REPORT? UH, NO, BUT AS WE'VE DISCOVERED, WE HAVE A NEW EYE IN THE SKY. IT WAS THE, WAS THE PICTURE A LITTLE CLEARER FOR YOU ONCE WE GOT IT WORKING TODAY? I DIDN'T PAY ATTENTION AS GOOD AS I COULD. . OKAY. YEAH. LIKE I GOT YEAH, BECAUSE THE PHONE WAS EASIER TO SEE THAN NORMAL. YEAH. 'CAUSE THEY WERE ABLE TO PUT THEIR PHONE THERE. YEAH, THAT'S GOOD. YES. YEAH, WE APPRECIATE THAT. THANK YOU SO MUCH. WE NEW, SO WE JUST DIDN'T KNOW HOW TO OPERATE IT UNTIL WE, WE WERE TOLD OH, THERE'S A SECOND REMOTE, SO THAT'S WHY , THERE'S A SECOND REMOTE. HEY, WELL THAT'S GREAT. YEAH, WE APPRECIATE THAT AND I'M SURE THE AUDIENCE, WHEN THEY BRING THEIR INFORMATION, THEY APPRECIATE IT TOO. SO THANK YOU'ALL SO MUCH. WELL, UM, THANK YOU EVERYBODY FOR, UH, ATTENDING TODAY AND, UH, DEDICATING YOUR SERVICE AND ALL YOUR PATIENTS WITH UH, ME AND, UH, ONE ANOTHER. THANK YOU AND EVERYBODY HAVE A GREAT DAY. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.