[00:00:21]
[Call to Order]
GOOD AFTERNOON EVERYBODY, AND WELCOME TO THE FIRST PLANNING COMMISSION OF THE NEW YEAR.UM, CAN STAFF DO THE ROLL CALL? COMMISSIONER MICHAEL GARCIA.
PRESENT, COMMISSIONER ROYAL EGRIN.
COMMISSIONER GONZALEZ, PRESENT.
CHAIRMAN CHRISTOPHER GARCIA PRESENT, A QUORUM IS PRESENT.
NEXT ON THE AGENDA IS CITIZENS TO BE HEARD.
IF YOU HAVE SIGNED UP TO SPEAK, YOU CAN CHOOSE TO SPEAK NOW OR WAIT FOR YOUR INDIVIDUAL ITEM TO BE BROUGHT BEFORE THE HEARING AND SPEAK.
AT THAT TIME, REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.
DOES ANYBODY WISH TO SPEAK AT THIS TIME? UM, WE PROBABLY WANNA GO OVER WHICH ITEMS ARE ON INDIVIDUALS SO THAT, UH, POINT OF REFERENCE IS GIVEN TO THEM.
THERE'S STILL SOME PEOPLE, I BELIEVE, OUTSIDE SIGNING IN TO SPEAK ON, UH, SEVERAL ITEMS. OKAY.
CURRENTLY, FOR INDIVIDUAL CONSIDERATION, WE'RE LOOKING AT ITEM NUMBER FIVE, ITEMS NUMBER EIGHT, NUMBER 10, ITEMS NUMBER 18 AND 19, AND ITEMS NUMBER 22 AND 24.
AND JUST A REMINDER, ITEM NUMBER SEVEN HAS BEEN WITHDRAWN FOR TODAY.
THERE'S ANY OTHER ITEMS YOU CAN, UM, 25 AND 20.
SO CURRENTLY WE'RE LOOKING AT NUMBER FIVE, SEVEN HAS BEEN WITHDRAWN, NUMBER 8, 10, 18, 19, 20, 22, 24, AND 25.
AND IT LOOKS LIKE THEY'RE NOT SPEAKING.
THE PERSON THAT SIGNED IN TO SPEAK IS ACTUALLY THE APPLICANT THAT SO IT, IT CAN STAY ON CONSENT.
24 IS, THAT'S THE ONE, THAT'S ONE OF THE ONES THAT'S RECOMMENDED FOR DENIAL.
NEVERMIND THERE IS SOMEONE SIGNED IN TO SPEAK.
SO THAT'S WHAT WE'RE LOOKING AT.
SO IF NO ONE WANTS TO SPEAK AT THAT TIME, UH, WE DO HAVE
[Consent Agenda]
TWO AGENDAS TODAY.THE FIRST AGENDA IS THE COMBINED HEARING AGENDA, AND THAT'S CASES WHERE STAFF RECOMMENDS APPROVAL.
THE PLANNING COMMISSION DOES NOT REQUIRE FURTHER DISCUSSION AND NO ONE TIME TO SPEAK, AND THOSE WILL BE HEARD AS ONE UNIFIED MOTION.
THE SECOND ITEM, UH, AGENDA ITEM WILL BE THE INDIVIDUAL HEARING AGENDA, AND THAT'S CASES THAT WILL BE DISCUSSED PRIORLY TO US TAKING A MOTION.
AND WE WILL BEGIN WITH THE COMBINED HEARING AGENDA.
AND JUST TO REITERATE, IT LOOKS LIKE CURRENTLY FOR INDIVIDUAL CONSIDERATION, WE HAVE NUMBER 5, 8, 10, 18, 19, 20, 22, 24, AND 25 AND SEVEN WAS WITHDRAWN.
THEN CAN WE HAVE STAFF READ THE WHAT'S LEFT AT THE COMBINED HEARING AGENDA, UM, INTO THE RECORD? GOOD AFTERNOON, COMMISSIONERS.
MY NAME IS NICOLE SALINAS, AND I'M A PLANNER WITH THE CITY OF SAN ANTONIO, WITH THE EXCEPTION OF ITEM 5 8, 10, 18, AND 19, WHICH HAVE BEEN PULLED FOR THE PURPOSE OF RECUSAL ITEMS 20 24, 22, 24, AND 25, WHICH HAVE BEEN PULLED FOR INDIVIDUAL CONSIDERATION.
AND ITEM NUMBER SEVEN, WHICH HAS BEEN PULLED OR, AND WILL NOT BE CONSIDERED ON TODAY'S AGENDA, THE BALANCE OF TODAY'S AGENDA WILL BE CONSIDERED BY THE COMMISSION UNDER A SINGLE MOTION FOR APPROVAL.
DOES EVERYBODY WISH TO SIGN UP TO SPEAK THAT WISHES TO SIGN UP TO SPEAK ON AN ITEM.
AND DOES ANY COMMISSIONERS WANT TO PULL ANY ADDITIONAL ITEMS? IF NOT, THEN WE WILL, UH, ENTERTAIN A MOTION FOR THE COMBINED HEARING AGENDA.
WE'LL MAKE A MOTION FOR APPROVAL.
SECOND, WE HAVE A RECOMMENDATION FROM COMMISSIONER PECK AND A SECOND ROOM COMMISSIONER CARILLO, UH, STAFFING, DO THE ROLL CALL VOTE.
[5. 20-1060 180474: Request by Gordon Hartman, Scooby Investments, LLC, for approval to subdivide a tract of land to establish Republic Creek, Unit 2 Subdivision, generally located southeast of the intersection of Southeast Loop 410 and South WW White Road. Staff recommends Approval. (Nicole Salinas, Planner, (210) 207-8264, Nicole.Salinas@sanantonio.gov, Development Services Department).]
MOVING INTO THE INDIVIDUAL CONS.[00:05:01]
YOUR AGENDA AND FIRST WILL BE ITEMS NUMBER OH, IT IS 2 0 5.AND COMMISSIONER UCH HAS JOINED US.
SO WE HAVE ITEMS NUMBER FIVE, WHICH WAS PULLED FOR PURPOSES OF RECUSAL.
AND COMMISSIONER CARILLO HAS LEFT THE ROOM.
DO WE HAVE A MOTION FOR ITEM NUMBER FIVE? RECUSAL? MOTION TO MOTION TO APPROVE.
CAN STAFF DO THE ROLL CALL? COMMISSIONER GONZALEZ? YES.
COMMISSIONER MICHAEL GARCIA? YES.
COMMISSIONER CAUSTIC CHAIRMAN CHRISTOPHER GARCIA? YES.
LET THE COMMISSIONER CARILLO KNOW SHE'S THE ITEM'S DONE.
HEY, COMMISSIONER, IT'S 2 0 6 AND COMMISSIONER CARILLO IS BACK.
AND NOW WE'LL HEAR ITEMS EIGHT AND 10.
THOSE HAVE ALSO BEEN PURPOSE, UH, PULLED FOR PURPOSE OF RECUSAL.
[8. 19-9135 180551: Request by Brian Barron, Lennar Homes of Texas Land and Construction, LTD., for approval to subdivide a tract of land to establish Waterwheel Collector Crossing Subdivision, generally located north of the intersection of Culebra Road and Landa Falls. Staff recommends Approval. (Victoria Castro, Planner, (210) 207-2736, Victoria. Castro@sanantonio.gov, Development Services Department).]
WE'LL DO ITEM NUMBER EIGHT AND THEN ITEM NUMBER 10 SEPARATELY BECAUSE WE HAVE INDIVIDUALS SIGNED UP TO SPEAK ON THAT ONE.COMMISSIONER PECK HAS LEFT THE ROOM.
WE HAVE A MOTION FOR COMMISSIONER GONZALEZ AND NUMBER EIGHT.
WE HAVE A SECOND FROM COMMISSIONER MICHAEL GARCIA.
CAN STAFF DO THE ROLL CALL? COMMISSIONER GONZALEZ? YES.
COMMISSIONER ROYAL LAG GREENY? YES.
CHAIRMAN CHRISTOPHER GARCIA? YES.
NEXT ON THE AGENDA ITEM WILL BE, CAN YOU LET, UH, COMMISSIONER PECK KNOW HE'S, NO, HE'S RECUSING.
OH, NO, HE'S OUT FOR NUMBER 10 ALSO.
[10. 20-1032 180614: Request by Leslie Ostrander, CHTEX of Texas, LP., for approval to replat and subdivide a tract of land to establish Solana Ridge Subdivision Unit 15, generally located southwest of the intersection of Quantum Loop and Loop 410. Staff recommends Approval. (Martha Bernal, Senior Planner, (210) 207-0210, Martha.Bernal@sanantonio.gov, Development Services Department)]
WILL BE ON THE AGENDAS ITEM NUMBER 10, WHICH HAS BEEN PULLED FOR PURPOSE OF YOUR ACCUSED.AND WE DO HAVE SOME INDIVIDUALS ASSIGNED UP TO SPEAK.
UM, WE'LL GO AHEAD AND DO THE CITIZEN TO BE HEARD AT THIS TIME.
UH, SO WE'LL GO AHEAD AND HAVE, UH, DAVID DE LUNA DEON.
STATE YOUR NAME AND ADDRESS FOR THE RECORD.
GOOD AFTERNOON, COMMISSIONERS.
I LIVE AT 7 0 3 0 QUANTUM LOOP IN THE SALONA RIDGE SUBDIVISION.
UH, I'M ADDRESSING ITEM NUMBER 10, OF COURSE.
UH, OUR CONCERN IS, UH, WITH THE CONSTRUCTION, THEY'RE BUILDING HOMES BEHIND US TO EXPAND OF SLON ARRAY SUBDIVISION.
UH, OUR BACKYARD HAS BEEN SINKING ONCE THE CONSTRUCTION STARTED, ALONG WITH OUR IRRIGATION SYSTEM.
WE'RE LOSING SOIL, UM, HAS THE BACKYARD SLOPES DOWN DOWNWARD, AND ALSO OUR DRIVEWAY IS FALLING APART.
THERE'S BEEN CRACKS AND WATER COMING FROM OUR NEIGHBORS TO OUR RIGHT.
THERE'S CRACKS ALL THROUGHOUT THE DRIVEWAY.
AND, UM, THE REASON WHY WE'RE CONCERNED ABOUT THE CONSTRUCTION IS BACK IS, IS BECAUSE WE'VE LEARNED THEY'RE GONNA BUILD AN EARTH AND DRAINAGE IN BACK OF US.
AND WE'RE CONCERNED IF THEY DO THAT, IT WILL, UH, MAKE OUR YARD BEGIN TO SINK MORE.
AND WHAT WE'RE ASKING FOR IS THAT IF THEY DO THAT TO, YOU KNOW, PROVIDE US WITH INTERLOCKING PAVERS TO HELP WITH DRAINAGE LIKE OUR NEIGHBORS TO OUR LEFT HAVE OR PUTTING IN A RETAINING WALL.
AND, UM, AND ALSO AGAIN, WE'RE ON THE DOWNSIDE OF A KIND OF LIKE A SLOPE.
AND LIKE I SAID, OUR NEIGHBORS TO THE LEFT OF US,
[00:10:01]
WHEN THEIR DRAINAGE SYSTEM IS ON IT, THE WATER SWEEPS AND THE SEEPS IN THE DRIVEWAY, AND IT AFFECTS THE, YOU KNOW, DRIVEWAY, THE CRACKS.AND ALSO THERE WAS NOT PROPER SOIL PUT INTO IT.
AND ALSO THE DRAINAGE IS POUR IN FRONT OF OUR HOUSE.
WE LIVE NEAR A CUL-DE-SAC, AND EVERY TIME IT RAINS ALL THE WATER THAT YOU KNOW, COMES DOWN, THERE'S DEBRIS LIKE ROCKS AND STUFF THAT GOES INTO THE DRAIN AND STAYS THERE FOR DAYS.
AND, UH, AND AGAIN, WITH OUR BACKYARD, SINCE THE SOIL IS SLOPING, THE FENCE IS KIND OF FLOATING.
THERE'S GAPS UNDER THE FENCE WHERE LIKE WILD ANIMALS CAN GET THROUGH AND, UH, THAT CAUSE CAUSES PROBLEMS. AND ALSO WE NOTICED THE OTHER DAY, OUR STEPS TO OUR BACK PORCH ARE CROOKED BECAUSE OF THE SHIFTING SOIL.
SO, UH, AND, AND ALSO, UH, AGAIN, AS I ATED, IF, IF THIS DRAINAGE SYSTEM IS TO BE BUILT, WE WOULD LIKE TO HAVE A RETAINING WALL OR INTERLOCKING PAVERS TO HELP WITH DRAINAGE.
SO OUR YARD DOES NOT SOAK ANY FURTHER, SO WE DON'T LOSE ANY SOIL.
WELL, WE LIVED AT THIS HOME, UH, ON, ON QUANTUM LOOP FOR A YEAR, 30 SECONDS, NINE MONTHS.
AND THIS, AND IT'S DETERIORATED RAPIDLY SINCE WE BOUGHT THE HOME.
IT, IT DIDN'T LOOK LIKE THAT BEFORE THE CONSTRUCTION.
NEXT LINE TO SPEAK IS THE, THAT PROPERTY OWNER AT 70 30 QUANTUM LOOP.
LARA AND I TOO CO-OWN 70 30 QUANTUM LOOP.
AND AS DAVID ALREADY MENTIONED, UM, WE HAVE ISSUES AND CONCERNS AND WE WANT THIS COMMISSION TO, TO, UM, REQUIRE THE BUILDER TO DO MORE FOR US.
WE INVESTED A LOT INTO THIS PROPERTY, AND IT'S NOT MUCH ASKING FOR THOSE INTERLOCKING CEMENT PAVERS THAT OUR NEIGHBORS HAVE ALONG WITH THE, THE FENCE.
YOU KNOW, WE SHOULDN'T BE LOSING SOIL.
HORTON DOES A GREAT JOB, UM, BRINGING IN ALL THE MATERIALS AND THE SOIL AND THE WHATEVER THEY DO TO PRE TO PREPARE THE LAND, TO BUILD THE FOUNDATION FOR OUR HOME.
BUT ALL AROUND IT, YOU CAN SEE THAT THERE'S A LOT OF LACK OF CARE.
IT'S HARD TO LIVE IN A HOME FOR A YEAR, NINE MONTHS AND SEE IT LIKE A 20 YEAR OLD HOME.
AND THE STATE CODE, THEY FOLLOW THE STATE CODE, THEY FOLLOW BEXAR COUNTY.
BUT WHO'S INSPECTING WHAT THEY'RE DOING AFTER THE FACT? YOU KNOW, THESE HOMES ARE NOT CHEAP.
WE PAID 176,000 FOR A 1400 SQUARE FOOT AND WE'RE CONCERNED.
WHAT ABOUT THE FOUNDATION? THE ONLY GUARANTEE OF 10 YEARS IF WE'RE LOSING GROUND RIGHT NOW WITHOUT THAT EARTH AND CHANNEL THAT THEY WANNA PUT BEHIND OUR HOUSE, IMAGINE WHAT IT'S GONNA LOOK LIKE IN A YEAR.
AND I ASK YOU, IF YOU WERE LIVING THERE, WHAT WOULD YOU DO TO DEFEND YOUR PROPERTY AND YOUR INVESTMENT? YOU KNOW, PUT YOURSELF IN OUR SHOES.
DON'T JUST GO THROUGH THE MOTIONS.
I SPOKE TO MARTHA BERNAL, I HOPE I GOT HER NAME CORRECTLY.
AND SHE TELLS ME THAT YOU ALL COMPLETE THE WHOLE CHECKLIST AND THAT EVERYTHING'S IN COURSE TO BE APPROVED.
AND THAT IF YOU, MR. COMMISSIONERS DECLINE OUR VOICES HERE, IT'LL JUST DELAY THEM 30 DAYS.
HOW CAN NOBODY BE CONCERNED WITH THE VOICES OF THE CITIZENS? SAN ANTONIO'S GROWING PEOPLE ARE INVESTING HERE.
HOW CAN YOU ALLOW BUILDERS TO JUST TURN THE BLIND SIDE AFTER THEY SELL? DR.
HORTON SOLD OUR OUR MORTGAGE TWO MONTHS INTO IT.
THEY HAVE NO VEN VESTED INTEREST IN MY HOME.
WE PAY IT TO AN VIS NOW MORTGAGE COMPANY.
I HAVE LOTS OF PICTURES FOR YOU TO SEE.
YOU'RE A PAID EMPLOYEE OF BEXAR COUNTY.
ANSWER, ANSWER YOUR EMAILS, RETURN PHONE CALLS.
YOU HAVE A JOB BECAUSE OF THE CITIZENS OF SAN ANTONIO.
DO SOMETHING CARE, HAVE, HAVE GOOD WORK ETHICS.
[00:15:01]
JUST PASS INSPECTIONS LEFT AND RIGHT.OH, THEY MET ALL THE CHECKLISTS.
THE PLACEMENT OF OUR ELECTRICAL AND SWITCHES INSIDE OUR HOME.
I'VE ADDRESSED 'EM ALREADY WITH THE APPRAISAL DISTRICT MINUTES.
IS MY TIME UP MINUTES? YES, THAT'S MINUTES.
THANK YOU FOR YOUR TIME, MINUTES.
NEXT WE HAVE, UH, COMMISSIONER QUESTIONS.
WE'LL START AT THE RIGHT WITH, UH, COMMISSIONER MICHAEL GARCIA.
I WAS GOING TO ASK STAFF, UH, THE INSPECTORS THAT GO OUT THERE, THEY JUST CHECK WHAT'S THERE.
THEY DON'T, THEY'RE NOT RESPONSIBLE FOR WHAT HAPPENS AFTERWARDS.
I I KNOW THAT THE CITY'S STORMWATER REVIEW TEAM HAS BEEN IN CONTACT WITH THE INSPECTOR.
SO I'M GONNA LET, UH, SABRINA RESPOND TO THAT.
GOOD AFTERNOON, COMMISSIONER SABRINA SANTIAGO, T C I STORMWATER.
SO THE CONCERNS THAT MS. UM, CAN YOU, IS IT ON
UM, THERE ARE INSPECTIONS THAT ARE CONDUCTED THROUGHOUT THE CONSTRUCTION, UM, THAT IS DONE THROUGH DEVELOPMENT SERVICES, LAND LAND DEVELOPMENT TEAM.
UM, AND WE COORDINATE WITH THEM ON THE DRAINAGE AND THE STREET DESIGN.
ONCE THE GRADING, THE MASS GRADING HAS BEEN COMPLETED.
UM, THERE AREN'T ANY MORE INSPECTIONS FROM OUR DIVISION.
DEVELOPMENT SERVICES HAS ADDITIONAL INSPECTIONS THAT ARE DONE AT THE VERTICAL LEVEL ONCE THE BUILDINGS ARE, ARE UP AND, AND WHATNOT.
SO IN THE CONCERNS, UM, FROM THE 10 FOOT DRAINAGE EASEMENT IS IN THE REAR OF HER LOT, WHICH IS GOING TO BE BUILT WITH THIS NEW UNIT.
UNIT 15, UM, WILL BE, UM, A REGULAR EARTH CHANNEL THAT WILL CONVEY DRAINAGE AWAY FROM THE LOTS THAT ARE WITHIN HER UNIT AND WITHIN UNIT 15.
SO IT IS GONNA BE A SYSTEM THAT WILL TAKE THE DRAINAGE AND DUMP IT DOWN INTO THE FLOODPLAIN.
AS YOU CAN SEE HERE ON THE BOTTOM, UH, LEFT THERE, THERE IS FLOODPLAIN THERE.
SO THAT DRAINAGE SYSTEM WILL TAKE THE DRAINAGE OFF OF THE LOTS AND INTO THAT FLOODPLAIN, WHICH MEETS CODE TODAY.
ANOTHER QUESTION BECAUSE, AND I GUESS THIS IS A LEGAL ISSUE.
IF, IF, UH, THE CITY WERE TO GO BACK TO THE BUILDER, THAT BUILDER HAS ALREADY SOLD OUT HIS INTEREST AND IT BELONGS TO A COLLECTION AGENCY AT THIS POINT.
SO HOW CAN THE HOMEOWNER HAVE ANY RECOURSE, UH, FROM THIS AFTER THAT, THAT IT BECOMES A PRIVATE CIVIL MATTER BETWEEN THE HOMEOWNER AND THE ORIGINAL BUILDER? UH, TO CLARIFY THE ISSUE WITH THEIR SPECIFIC LOT IS WITH THE PRI UH, WITH THE PREVIOUS BUILDER OR WITH THE CURRENT BUILDER? WELL, I, I, I THINK IT'S WITH THE CURRENT BUILDER.
I THINK HER CONCERNS OF THE SOIL THAT'S, UM, BEING SOMEWHAT ERODED IN THE BACK, UM, ALONG HER FENCE LINE.
UM, I THINK IT'S A COM COM IT'S A COMBINATION OF THINGS.
I THINK IT'S DUE TO THE IRRIGATION SYSTEM THAT'S THERE.
AND ALSO FROM THE GRADING THAT'S BEEN IN, AS WE'RE SPEAKING RIGHT NOW, IT'S IN CONSTRUCTION FOR UNIT 15.
SO WE ARE COORDINATING WITH OUR IN INSPECTIONS TEAM TO MAKE SURE THAT THE CONTRACTOR, AS HE'S OUT THERE TODAY, HAS ADEQUATE, UM, BMPS IN PLACE TO MAKE SURE THAT THE ISSUES WITH THE SILT AND THE DEBRIS WASHING INTO THE STREET, INTO THE INLETS ARE NOT HAPPENING.
THEY'RE THE INLETS ARE PROTECTED AND THAT WE DON'T HAVE THAT DEBRIS WASHING INTO THE STREET AND ALSO ALONG THE FENCE LINE SO THAT WE DON'T HAVE ANY MORE, UM, SOIL ERODING ON THE BACK OF THOSE LOTS.
SO THE, THE DAMAGE THAT'S ALREADY BEEN DONE, WHO WOULD BE RESPONSIBLE FOR THAT? OR HOW WOULD THAT BE? THAT WOULD BE THE CONTRACTOR.
AND YOU'RE SAYING THAT IT WOULD BE, UM, THE HOMEOWNER TO CREATE A CIVIL CASE OF SOME SORT WITH THE CURRENT BUILDER IN ORDER FOR IT TO GET TAKEN CARE OF? WELL, THE ISSUES RIGHT NOW ARE FROM THE BACK OF THE LOT.
THE ISSUE WITH THE, THE CONCRETE SEPARATING AND, AND THINGS OF THAT, THAT'S, THAT'S NOT MY PURVIEW.
THAT IS SOMETHING THAT IS A CIVIL MATTER AS THEY EXPLAINED.
SO THEY WOULD HAVE TO TAKE THAT UP WITH THE, THE BUILDER AND OR A PREVIOUS CONTRACTOR.
I DON'T KNOW IF IT'S THE SAME CONTRACTOR.
UM, SO THE ISSUES THAT ARE OCCURRING IN THE REAR OF THE LOT ALONG A FENCE LINE, THAT IS SOMETHING WE ARE WORKING WITH THE CONTRACTOR ON, WORKING WITH THE CONTRACTOR ON MOVING FORWARD, NOT TO ADDRESS WHAT'S ALREADY BEEN DONE, NO, TO ADDRESS, TO STOP THE EROSION AND THEN PREVENT
[00:20:01]
ANY FURTHER EROSION.SO, UH, FOR, FOR COMFORT FOR BOTH OF OUR, UM, FOR BOTH DAVID AND ODELIA, IS THAT RIGHT? UH, YOU ARE ON IT AND YOU ARE TAKING CARE OR STAFF IS TRYING TO TAKE CARE AND ADDRESS OF WHAT'S ALREADY BEEN DAMAGED AND TO KEEP THIS FROM MOVING FORWARD? CORRECT.
UNDER WHATEVER THE CONTRACTOR'S RESPONSIBILITIES ARE, UM, FOR DEVELOPMENT.
UM, IF THERE'S ANY OTHER THINGS THAT ARE DAMAGED, MAYBE THEY'RE IRRIGATION SYSTEMS THAT, THAT I CANNOT ENFORCE.
UM, THE EROSION ISSUE, YES, I CAN ENFORCE THAT.
I CAN MAKE SURE THAT THAT'S TAKEN CARE OF.
BUT IF THERE'S ANY TYPE OF PROPERTY DAMAGE, I THAT IS OUTTA MY, MY PURVIEW.
SO WOULD IT BE A RECOMMENDATION, UH, WHAT WOULD YOU RECOMMEND FOR THE HOMEOWNER TO CURRENTLY DO? UM, TO, TO WAIT AND SEE THIS OUT AND SEE IF EVERYTHING GET REPAIRED OR TO FILE A CIVIL SUIT? I THINK THERE'S TWO ISSUES AT HAND.
UM, THE CONCRETE SEPARATING THE DRIVEWAY ISSUES, UM, THAT'S PROBABLY SOMETHING SHE NEED OR THEY NEED TO HANDLE ON THEIR OWN AND MAYBE COORDINATE WITH THEIR NEIGHBORS THE ISSUES THAT ARE OCCURRING IN THE REAR OF THE LOTS ALONG THE FENCE LINES WHILE UNIT TWO IS UNDER CON OR UNIT 15 IS UNDER CONSTRUCTION.
THAT IS SOMETHING THAT WE ARE MAKING SURE WE'RE, WE'RE COORDINATING AND THAT THAT GETS RESOLVED.
SO THOSE TWO SEPARATE ISSUES GOING ON THERE, APPRECIATE THE CLARIFICATION.
HOPEFULLY THAT ALSO HELPED, UM, OUR CITIZENS TO BE HEARD AS WELL.
UH, AND THEN JUST TO REITERATE, UM, PART OF THIS COMMISSION IS REALLY KIND OF LOOKING AT THE PLATT AND UM, YES, THE PLATT DOES MEET, UM, ALL CODES AND SO WE ARE, UH, REQUIRED BY STATE LAW TO APPROVE A PLATT IF IT IS, UM, MEETING CODES.
BUT I'M GLAD THAT WE WERE ABLE TO ADDRESS THE REAL CONCERNS ASIDE FROM THAT.
I KNOW WE ARE BOUND BY STATE LAW TO APPROVE ALL PLATTS IF THEY'VE MET THE NECESSARY REQUIREMENTS.
DO WE HAVE ANY LEEWAY TO EXTEND THIS APPROVAL BEING THAT THERE IS KNOWN ISSUES ARE KNOWN ISSUES? OH, THE, THE ISSUES DESCRIBED INTO WHAT SABRINA WAS SAYING IS T TCI I'S STORMWATER UNIT HAS CERTAIN INSPECTIONS THEY DO KIND OF AT THIS LEVEL.
WHEN WE GET INTO VERTICAL CONSTRUCTION, WHEN HOMES START BEING BUILT, WHEN, WHEN FOUNDATIONS BE, YOU KNOW, START TO BE POURED AND ENGINEERED, THERE ARE ADDITIONAL INSPECTIONS THAT DEVELOPMENT SERVICES DEPARTMENT WILL HAVE INSPECTORS GO OUT THERE TO LOOK AT.
UH, SO WE WILL HAVE AN OPPORTUNITY AS CONSTRUCTION PROGRESSES TO TAKE A CLOSER LOOK AT ANY POTENTIAL ISSUES AS FAR AS THE LAW IS CONCERNED.
THERE IS NO WAY TO EXTEND THAT APPROVAL PERIOD.
SO I JUST WANNA MAKE SURE THAT THE, UM, HOMEOWNERS UNDERSTAND OUR POSITION AS A COMMISSION.
WE, WE ARE BOUND BY STATE LAW TO APPROVE THIS.
UM, WE GET THESE TYPES OF ISSUES OFTEN WHEN HOMEOWNERS BUY A PROPERTY AND THERE'S A ADJACENT PROPERTY BEING DEVELOPED, UM, OR CONSTRUCTED IN THEIR BACKYARD.
AND THAT'S NOT WHAT THE DEVELOPER PROMISED THEM OR WAS GIVEN TO THEM.
WE, WE REALLY DO APPRECIATE YOU COMING TO US AND, UM, I, WE ALL UNDERSTAND THAT IT'S A LOT AND WE STRUGGLE WITH THIS, THAT WE REALLY CAN'T DO ANYTHING ABOUT THIS.
BUT I WOULD URGE YOU TO CONTINUE TO WORK WITH, UH, THE CITY'S STORMWATER DIVISION AND JUST CONTINUE TO MAKE YOUR SURE, YOUR CONCERNS, UM, AWARE TO ALL PARTIES AND DOCUMENT EVERYTHING.
SO I MEAN, LIKE WE, OUR HANDS ARE TIED IS BASICALLY WHAT I'M, I'M SAYING, BUT I DON'T WANT YOUR, UM, VOICES.
I DON'T WANT YOU TO THINK YOUR VOICES ARE GOING UNHEARD.
AND FIRST THANK YOU TO MY FELLOW COMMISSIONERS FOR BRINGING UP, UM, ALL THOSE POINTS, UM, WHICH I HAD AS WELL.
AND I APPRECIATE THE CLARIFICATION AND ALSO TO THE CITIZENS.
I, I STRONGLY SYMPATHIZE WITH YOUR SITUATION.
UH, MY QUESTION, UH, I GUESS FOR, FOR T C I, UM, AND I'M NOT AN ENGINEER, I'M A BIOLOGIST
SO WAS THAT MISSED? IS IT A, WHAT I WANNA GET AT IS, I KNOW WE CAN'T DO ANYTHING ABOUT THIS PARTICULAR SITUATION AND YOU ARE WORKING WITH THEM NOW, WHICH I APPRECIATE IS
[00:25:01]
WHAT CAN WE AS CITIZENS DO IN THE FUTURE? CAN WE WORK TO CHANGE CODES OR IS, IS THERE SUFFICIENT, UH, ENGINEERING REVIEWS DONE BEFORE THAT WOULD, OR MAYBE THEY DIDN'T, THEY DIDN'T CATCH THIS BECAUSE IT WASN'T REQUIRED TO LOOK A CERTAIN WAY? YOU SEE WHAT WE'RE TRYING TO, UM, NO, I, I, THAT'S A GOOD QUESTION.UM, WE DO A VERY TECH TECHNICAL THOROUGH REVIEW AT THE PLAT LEVEL.
UM, THE, UM, CIVIL ENGINEERS ARE REQUIRED, UM, BY CODE TO PROVIDE A DETAILED DRAINAGE REPORT, AS YOU SAID.
IT DOES INCLUDE, WE DO TAKE INTO CONSIDERATION TOPOGRAPHY, WE TAKE INTO CONSIDERATION SOIL TYPES AND THINGS OF THAT NATURE.
UM, IN THIS PARTICULAR CASE, LIKE I I MENTIONED BRIEFLY EARLIER, I THINK IT'S A TWO-WAY, UM, DOUBLE COMBO ON THIS CASE IS YOU'VE GOT EROSION BECAUSE YOU'VE GOT SPRINKLER SYSTEMS OCCURRING AND GRASS HASN'T BEEN ESTABLISHED JUST YET.
UM, AND THEN THE CONSTRUCTION, OBVIOUSLY YOU'RE MOVING DIRT AROUND DIRT'S, IT'S BEEN DRY AS HECK.
WE HAVEN'T HAD ANY RAIN, SO SOIL HASN'T REALLY COMPACTED, SO THE DIRT'S LOOSE.
SO, UM, YOU KNOW, IN THE PERFECT WORLD, IF WE HAD THE RAIN, THE GRASS WAS ESTABLISHED, WE PROBABLY WOULDN'T HAVE HAD THIS PROBLEM.
BUT IT, IT'S JUST THE, THE, THE WAY THAT THINGS HAVE ARE, ARE TODAY.
SO, UM, IT, IT'S, IT'S NOT AN, IT'S NOTHING THAT COULD HAVE BEEN PREVENTED IS WHAT I'M TRYING TO SAY.
IT'S, IT'S JUST A PERFECT STORM RIGHT NOW WITH THE LACK OF RAIN AND THE LACK OF GRASS ESTABLISHMENT BECAUSE OF THE LACK OF RAIN.
I'M WITH CIVIL ENGINEERING CONSULTANTS.
AND COULD YOU REPEAT YOUR QUESTION? WELL, UH, AS SABRINA MENTIONED, WE WENT THROUGH A VERY DETAILED DRAINAGE STUDY, UM, PER THE CHECKLIST AND CODE AND MET ALL THE FOLLOWING REQUIREMENTS.
UH, AS A MATTER OF FACT, PUTTING IN THIS EARTH AND EARTH AND DRAIN IN THIS PRIVATE DRAINAGE EASEMENT IS GONNA HELP, UM, RELIEVE SOME OF THE WATER THAT'S GOING TOWARDS THEIR HOMES.
SO ONCE THIS CHANNEL ACTUALLY GETS ESTABLISHED, IT'S GONNA PREVENT WATER, UH, RUNOFF TOWARDS THOSE, UH, ADJACENT LOTS THAT ARE, UH, EXISTING AS OF TODAY.
AND THAT WATER'S GONNA BE, UM, UH, CONVEYED TO THE FLOOD PLAIN.
THAT'S SOMETHING I'M GONNA HAVE TO DISCUSS WITH THE DEVELOPER.
UM, A AS PART OF OUR REQUIREMENT WE'RE, YOU KNOW, WE MET THE MINIMUM REQUIREMENT THAT'S, UH, REQUIRED FOR, UH, THE DRAINAGE AS FAR AS THE ANALYSIS AND WHAT WE DESIGN, UM, INCLUDING, UH, YOUR TYPICAL DEPTH IN THE CHANNEL AND THE FREEBOARD MAKE COMMITMENT TO DOING RETAINING WALL, IS THAT WHAT YOU'RE SAYING? NO, MA'AM.
THIS IS THE FIRST TIME I'VE, I'VE HEARD OF THIS ISSUE ADDRESS THAT I CAN, I WILL DISCUSS IT WITH THE DEVELOPER AND SEE HOW WE CAN RESOLVE THE ISSUE.
YES, THAT SOMETHING I JUST WANNA REITERATE, UM, THAT THE EARTHING CHANNEL IS, IS THE LEAST IMPACT, UM, DESIGNED WISE TO, UM, THE ENVIRONMENT.
UM, OBVIOUSLY IT GETS A LITTLE BIT MORE COSTLY WHEN WE START TALKING ABOUT CONCRETE WALLS AND PAVERS.
UM, AND THERE'S, WE REALLY DON'T HAVE ANYTHING IN THE CODE THAT WE WOULD REQUIRE AN, AN ENGINEER TO DESIGN SUCH A CHANNEL USING THOSE TYPE OF MATERIALS.
I'M NOT TALKING ABOUT WHAT THE CODE REQUIRES.
I'M TALKING ABOUT WHAT YOU'RE GOING TO DO TO ADDRESS THE ISSUES THAT THE, UH, POTENTIAL HOMEOWNERS BROUGHT UP AND TO PAVER AND THE WALL RETAINING WALL ALL.
[00:30:01]
NOW THE, UM, LIKE I I EXPLAINED EARLIER IS THE, THE ISSUES AT HAND ARE, ARE, BECAUSE THE, THE PROPERTY FOR UNIT 15 IS IN CONSTRUCTION AS WE SPEAK.AND SO WE ARE, UH, T C I STORMWATER IS COORDINATING WITH THE INSPECTIONS TEAM, MAKE SURE THAT THE CONTRACTOR HAS THEIR ADEQUATE BMPS IN PLACE, UM, BMPS MEANING BEST MANAGEMENT PRACTICES, UM, SO THAT WE MAKE SURE THAT THIS DOESN'T, UM, THIS ISSUE DOESN'T CONTINUE TO ARISE.
ARE YOU, ARE YOU WILLING TO, UH, TO ADDRESS THE CONCERNS THAT THE, UH, POTENTIAL NEIGHBOR NEIGHBORHOOD HAS EXPRESSED, SUCH AS THE PAVERS AND THE RETAINING WALL? THAT WOULD BE UP TO THE CONSULTANT AT THIS POINT? UM, THAT WOULD BE UP TO C C N C? YEAH, IT WOULD BE UP TO THE DEVELOPER AND THE ENGINEER OF RECORD, IF THAT WOULD BE THE ROUTE THAT THEY'VE BEEN WILLING TO.
IS THAT PERSON HERE? WELL, AS, AS THE ENGINEER AND THE REPRESENTATIVE FOR DEVELOPER, IT'S SOMETHING THAT, UM, I BELIEVE THE HOME HOMEOWNER WOULD, WOULD NEED TO REACH OUT TO THE DEVELOPER.
UM, BUT AS THE ENGINEER ON RECORD, UH, PER OUR DESIGN, UM, MEETING CODE AND BASED OFF OF TOPOGRAPHY AND, YOU KNOW, ALL THE REQUIREMENTS WE MET WE'RE PUTTING IN THIS EARTH AND CHANNEL IS ACTUALLY GONNA IMPROVE THE RUNOFF THAT WOULD'VE GONE INTO THEIR EXISTING HOME AND CONVEY IT TO THE FLOODPLAIN.
THESE SPECIFIC THINGS, RETAINING WALL, I, I, I THINK WHAT THE ENGINEER IS TRYING TO, SHE CAN'T MAKE THAT COMMITMENT TODAY BECAUSE SHE'S NOT THE PROPERTY OWNER.
SO SHE WOULD HAVE TO GO BACK TO HER CLIENT AND ASK IF THAT IS SOMETHING THAT THEY ARE COMMITTED TO DOING.
ARE YOU GOING TO DO THAT? YES, I, I WOULD SUGGEST THAT THE HOMEOWNER REACH OUT TO THE DEVELOPER, WHICH IS D R HORTON.
THEY ALSO DEVELOPED THE PROPERTY SHE IS CURRENTLY ON AS WELL AS THIS FUTURE UNIT THAT WE'RE IN CONSTRUCTION RIGHT NOW.
ANY OTHER QUESTIONS? JIM? OKAY, MICHAEL.
I JUST HAVE ONE OTHER QUESTION FOR THE ENGINEER.
THE UNIT 15 THAT IS, UH, BEING DEVELOPED, SO IS THAT, IS THAT GOING TO ABUT THE EXISTING, UM, PROPERTY OR WILL THERE BE A, A SPACE, LIKE AN EASEMENT BETWEEN THE TWO BACKYARDS? UH, THE PROPERTY LINE DOES ABUT IT, BUT THERE IS A UTILITY EASEMENT, UH, RUNNING THROUGH BOTH UNITS.
UM, AND THEN THE PRIVATE DRAIN EASEMENT, WHICH IS ACTUALLY GONNA BE ON THE UNIT 15 SIDE TO CAPTURE THAT WATER SO THAT IT DOES NOT GO INTO, SO IN THAT, UH, UTILITY EASEMENT, UM, IS THAT LIKE A 1510 FOOT BUFFER? 'CAUSE I CAN'T TELL, I'M SORRY.
I'M NOT AN ENGINEER AND I CAN'T TELL FROM THE DRAWINGS IF THAT DOTTED LINE IS THE PROPERTY LINE OR THAT DARK GOLD LINE.
SO, SO, UH, C P THE UTILITY EASEMENT THAT WAS ESTABLISHED IN UNIT 15 IS A 10 FOOT EASEMENT.
UH, WHICH, UM, ON UNIT 14, I BELIEVE IT WAS A 20 FOOT EASEMENT.
SO, UH, LIKE THE UTILITY EASEMENT TO A TOTAL OF 30 FEET WAS, SO SIX JUST SOUTH OF PROPERTY 16, THERE WILL BE A BUFFER, OR SOMETIMES DEVELOPERS CALL IT A GREEN SPACE BETWEEN THAT PROPERTY AND THE NEXT PROPERTY.
IT IS NOT A GREEN SPACE, IT'S IDENTIFIED AS A UTILITY EASEMENT.
SO IT'S A GAS, ELECTRIC TELEPHONE, UH, TABLE.
SO THE FENCE LINE ABUTS, I MEAN, THERE'S, IT'S A CONTI.
I MEAN, IT'S A SINGLE FENCE LINE.
THERE'S NO SPACE BETWEEN THE PROPERTIES.
THAT'S WHAT YOU'RE ASKING? THAT IS CORRECT.
THIS OBVIOUSLY COULD LEAD TO SOME DAMAGES AND THE DEVELOPER OR THE CONTRACTOR WOULD BE LIABLE WOULD BE, WOULD WE HAVE ANY LIABILITY OF THE CITY FOR APPROVING THIS FORWARD AND THEN SHE DOES HAVE DAMAGES? UH, GENERALLY NO.
UH, WE'D BE SUBJECT TO GOVERNMENTAL IMMUNITY.
UH, BUT IF, JUST AS A REMINDER, IF, IF IT DOES MEET ALL CRITERIA, THAT IS THE ONLY STANDARD WE CAN USE,
[00:35:01]
UH, IN EVALUATING THE PLATT.SO IF IT DOES MEET ALL, UH, MANDATED CRITERIA AND WE DO GO AHEAD, WE ARE, UH, MANDATED TO APPROVE.
UH, THIS PLATT ONE QUESTION, JUST BECAUSE THE COMMISSION SEEMS EXTRA, UH, PASSIONATE ABOUT THIS ITEM, I UNDERSTAND IT'S NOT NECESSARILY IN OUR PURVIEW.
UM, BUT WOULD IT BE APPROPRIATE, UM, HELP ME WITH A TIMELINE TO PROVIDE SOME SORT OF UPDATE ON WHERE WE ARE WITH ADDRESSING, UM, THE CURRENT CONCERNS AND, AND KEEPING THEM FROM CONTINUING TO OCCUR? WOULD IT BE APPROPRIATE WHETHER IT'S JUST AN INFORMATION ITEM OR JUST A QUICK BRIEFING ON IF THIS IN FACT WERE, WAS ADDRESSED, UM, IN THE FUTURE? I DON'T KNOW IF THAT'S 30 DAYS, 60 DAYS, UH, AND WHEN THE DEVELOPMENT IS NEARING COMPLETION, I'M NOT SURE.
OH, IT IS, IT IS APPROPRIATE TO ASK STAFF FOR A BRIEFING ON, ON THIS MATTER OR THE PROGRESS OF THIS MATTER AT A LATER TIME.
ANY GUIDANCE ON WHAT THAT TIMELINE LOOKS LIKE WHEN WE GET CLOSER TO BEING, BEING POSITIVE THAT THIS IS GONNA BE ADDRESSED? AS FAR AS CONSTRUCTION, WE'RE CURRENTLY ROUGHLY AROUND 70 TO 80% COMPLETE.
UM, THE CITY IS REQUIRED TO COME OUT TO INSPECT THE DRAINS AND THE STREETS.
SO AT THAT TIME, UH, THEY'LL BECOME LIKE A FINAL INSPECTION AND A FINAL WALK, WHICH, UH, TYPICALLY THERE'S A PUNCH LIST.
UM, THE CONTRACTOR IS REQUIRED TO, UH, FOLLOW THROUGH WITH THAT PUNCH LIST, UH, CLEAN UP THE SITE AS NECESSARY.
UM, AFTER A PERIOD OF TIME, UM, GRASS WILL NEED TO BE, TO BE ESTABLISHED, UH, IN, UH, VEGETA IN THAT VEGETATED AREA TO GET KIND OF LIKE THE EARTH AND DRAIN, UH, EARTH AND DRAIN ESTABLISHED.
UM, SO I CAN GET APPROXIMATE TIME FROM THE CONTRACTOR, HOW LONG THAT'S GONNA TAKE? UM, I, LET ME, I, IF I CAN JUST CHIME IN.
I WOULD SAY THAT ONCE THE INSPECTION IS DONE FOR THAT FINAL, UH, ASSESSMENT, THEN WE CAN BRING, UM, SORT OF LIKE A SUMMARY OF HOW THAT INSPECTION WENT AND THEN JUST CONTINUE TO GIVE YOU UPDATES AS IT MOVES FORWARD.
AND THEN I ASK, UM, FOR US TO KEEP OUR TWO CITIZENS, UM, THAT ARE IN THE AUDIENCE TODAY, KIND OF IN THE LOOP SO THAT IF THEY DO WANNA COME BACK TO THAT MEETING, WHENEVER WE'RE BEING RE BRIEFED THAT THEY'RE HERE AND CAN ATTEST TO THAT.
YOU ALL HAVE DONE 120%
UM, PLATT NO, THIS THE PUBLIC PORTION'S CLOSED, UH, AT THIS POINT IN TIME.
UM, I DID HAVE A COUPLE OF QUESTIONS, UM, BUT WE DO HAVE A MOTION ON THE FLOOR FOR APPROVAL.
AND THIS, THIS IS, UH, THIS PLATT MEETS ALL REQUIREMENTS.
IS THAT CORRECT? THAT'S CORRECT.
UM, I WAS WONDERING THOUGH, UM, IF, UH, THE, THE PROPOSED SOLUTION WAS A RETAINING ONE ON THE PAVERS? THAT'S CORRECT.
BUT YOU'RE SAYING THERE'S AN ALTERNATE SOLUTION WHERE WAS OR THE ORIGINAL DESIGN CORRECT.
UH, EARTH AND BARRIER TO HANDLE DRAINAGE ISSUES? SURE.
UM, IT WAS ORIGINALLY DESIGNED WITH THE EARTH AND YEAH, YEAH, THAT'S CORRECT.
IT WAS IN, UH, THE EARTH AND BARRY WAS THE ORIGINAL IS THE CURRENT DESIGN.
AND THEN THEY WERE SAYING USE, UH, PAVERS OR USE THE, THE RETAINING WALL.
SO YOU, IF YOU DO, UH, WHAT SAYS DESIGNED CORRECTLY RIGHT NOW AND UM, THAT GETS BUILT AND EVERYTHING AND THERE'S ISSUES AFTERWARDS, HOW DOES THAT GET RESOLVED? I GUESS IT, DOES IT GO THROUGH THE NORMAL CONSTRUCTION PROCESS WHERE SOMEONE WILL NOTIFY YOU, HEY, THERE'S STILL SOME FLOODING ISSUES AND YOU GUYS GO OUT THERE, MAKE ANY, TYPICALLY WHAT HAPPENS, UM, IN THE PAST WITH OTHER SITUATIONS LIKE THIS, THE DEVELOPER WILL GET NOTIFIED AND DEVELOPER WILL CONTACT THE ENGINEERING RECORD, UH, WHICH WOULD BE US IN THIS CASE TO HELP REVIEW AND SEE WHAT THE ISSUE MIGHT BE.
AND THEN YOU GUYS WILL PROVIDE ANY ALTERNATE SOLUTIONS, REVISED DRAWINGS, ANY CHANGE ORDERS, WHATEVER IS NEEDED? THAT IS CORRECT, YES.
AND COORDINATE WITH THE CITY TO GET THOSE PLANS REVIEWED AND WHATNOT.
UH, DO WE HAVE A SECOND ON THE MOTION? SECOND WE HAVE A MOTION FROM COMMISSIONER GONZALEZ, A SECOND FROM COMMISSIONER MICHAEL GARCIA.
AND CAN STAFF DO THE ROLL CALL? COMMISSIONER GONZALEZ? YES.
COMMISSIONER ROYAL LAG GREENY? YES.
CHAIRMAN CHRISTOPHER GARCIA? YES.
[00:40:01]
PASSES.IF YOU CAN LET, UH, COMMISSIONER PECK KNOW THAT HE CAN RETURN TO THE ROOM.
THANK YOU CITIZENS, UH, FOR COMING TO SPEAK TODAY.
I KNOW THIS IS A FRUSTRATING SITUATION.
THIS IS ALSO, UM, FRUSTRATING FOR US AS WELL.
AS YOU HEARD, STATE LAW REQUIRES PASSAGE OF THE PLATT.
UM, AND IF STAFF CAN PLEASE REACH OUT TO THE CITIZENS TO MAKE SURE EVERYTHING GETS WORKED OUT AND COORDINATED.
NEXT ON THE AGENDA IS ITEM R, ITEMS NUMBER 18 AND 19, WHICH ARE PULLED FOR PURPOSES OF YOUR CUSAL.
IT IS TWO 40 AND COMMISSIONER RO RENEY WAS, HAS LEFT THE ROOM.
[18. 19-9402 160295: Request by Efraim Varga, S. Presa Development, LLC, for approval of a three (3) year time extension in accordance with Section 35-430(f)(2) of the City of San Antonio’s Unified Development code (UDC), for the Lotus Urban Townhomes East, IDZ, generally located southeast of the intersection of West Carolina Street and South Presa Street. Staff recommends Approval. (Nicole Salinas, Planner, (210) 207-8264, Nicole.Salinas@sanantonio.gov, Development Services Department)]
[19. 19-9404 160296: Request by Efraim Varga, S. Presa Development, LLC, for approval of a three (3) year time extension in accordance with Section 35-430(f)(2) of the City of San Antonio’s Unified Development code (UDC), for the Lotus Urban Townhomes West, IDZ, generally located southeast of the intersection of West Carolina Street and South Presa Street. Staff recommends Approval. (Nicole Salinas, Planner, (210) 207-8264, Nicole.Salinas@sanantonio.gov, Development Services Department)]
FOR ITEMS 18 AND 19.SECOND, WE HAVE A MOTION FROM COMMISSIONER GONZALEZ.
CAN STAFF DO THE ROLL CALL? COMMISSIONER GONZALEZ? YES.
CHAIRMAN CHRISTOPHER GARCIA? YES.
AND NEXT ON THE AGENDA IS ITEM NUMBER
[20. 20-1062 (Continued from 12/11/19); PLAN AMENDMENT CASE PA-2019-11600089 (Council District 8): A request by Jean Latsha, applicant, for approval of a Resolution to amend the North Sector Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Suburban Tier" to "General Urban Tier" on 9.708 acres out of NCB 16109 and NCB 16455 and 0.231 acres out of NCB 16455, located at 6460 Babcock Road. Staff recommends Approval. (Associated Zoning Case Z-2019-10700305) (Mirko Maravi, Senior Planner (210) 207-0107, mirko.maravi@sanantonio.gov; Development Services Department)]
20 AND IT IS 2 41.AND COMMISSIONER OLA GREENEY HAS RETURNED.
MARCO MORVA, SENIOR PLANNER DEVELOPMENT SERVICES.
UH, ITEM NUMBER 20 IS PLAN AMENDMENT 89 AT 64 60 BABCOCK ROAD.
UM, GOING FROM, UH, ON THE NORTH SECTOR PLAN, GOING FROM SUBURBAN TIER TO GENERAL URBAN TIER 35 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.
ZERO RETURN IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM TANGLEWOOD NEIGHBORHOOD ASSOCIATION.
STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACT ON NEIGHBORING LANDS IN RELATION TO THIS PLAN.
AMENDMENT PROPOSED USES WITHIN THE ESTABLISHED SURVEILLANCE PATTERNS OF THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL AND THE APPLICANT'S AVAILABLE FOR ANY QUESTIONS.
UM, IS THE APPLICANT, CAN YOU PLEASE, UH, PRESENT YOUR APPLICATION TO THE BOARD? GOOD AFTERNOON, JAMES MCKNIGHT.
BRIAN ORTIZ, 1 1 2 EAST PECAN.
SO I HAVE THE, GOT A FEW, FEW SLIDES TO SORT OF ELABORATE ON THE PROPOSAL.
SO THE, THE PURPOSE OF THIS, UH, REQUEST TODAY FROM SUBURBAN TO SUBURBAN TIER TO GENERAL URBAN TIER IS FOR, UH, FOR BUILDING AN APARTMENT COMPLEX.
SO WE'RE GONNA BE, UM, WE'RE ASKING FOR A REZONING AS WELL.
SO AS I SAID, THIS IS FOR A REZONING.
SO RIGHT NOW WE'RE IN, UH, SUBURBANS HERE ALLOWS MF 18 IS THE HIGHEST DENSITY FOR MULTIFAMILY.
'CAUSE OUR DEVELOPMENT IS GONNA BE UP TO 19 UNITS AN ACRE.
SO HERE'S A MAP SHOWING THE GENERAL AREA OF THE, THE PROPERTY ON BADCOCK, ZOOMED IN A LITTLE BIT SO YOU CAN SEE WHERE IT'S AT.
NOW IT'S AN UNDEVELOPED, MOSTLY UNDEVELOPED PROPERTY, COMMERCIAL PROPERTY AT THE MOMENT.
SO YOU CAN SEE THE, THIS HARD COMMERCIAL CORNER WITH SOME MULTI-FAMILY IN THE AREA.
MF 33 TO THE NORTH, TO THE SOUTH, AND TO THE EAST.
AND HERE IS A LARGER VIEW OF THE LAND USE PLAN.
THIS IS THE NORTH SECTOR PLAN THAT WE'RE A PART OF TO THE NORTH.
YOU CAN SEE SOME GENERAL URBAN TIER, MOSTLY SUBURBAN TIER.
ANOTHER ZOOMED IN VIEW OF THAT.
SO THIS IS THE, THIS IS A SITE PLAN OR PROPOSED SITE PLAN AT THIS POINT OF THE COMPLEX, IT'S FOR AN AFFORDABLE HOUSING COMPLEX FOR 192 UNITS.
SO AS I SAID, CURRENTLY SUBURBAN TIER ALLOWS MF 18 ZONING, WHICH WOULD BE 10 ACRES AT THIS SITE IS 180 UNITS.
THE DIFFERENCE IN LAND USE CATEGORY BETWEEN SUBURBAN TIER AND GENERAL URBAN IS MF 25 AND MF 33.
THOSE ARE THE ONLY TWO ADDED ZONING CATEGORIES BETWEEN THOSE TWO.
EVERYTHING ELSE IS EXACTLY THE SAME.
SO IT REALLY IS A LIMITED CHANGE JUST FOR THESE 12 UNITS, UM, REALLY TO ACCOMPLISH THAT BECAUSE WE KNOW THAT TRAFFIC IS A CONCERN.
UN UNDERSTANDABLY, TRAFFIC IS A CONCERN.
[00:45:01]
TALKED TO THE NEIGHBORS ABOUT THAT AND WE'VE EVEN, UH, SHOWN, UM, TRAFFIC COUNTS.YOU KNOW, WE'VE DONE INITIAL TRAFFIC COUNTS SHOWING AT, CURRENTLY IT'S A COMMERCIAL 10 ACRE COMMERCIAL SITE.
WHAT THOSE TRAFFIC COUNTS COULD LOOK LIKE COMPARED TO WHAT THE PEAK HOUR TRIPS LOOK LIKE FOR A, UH, 192 UNITS.
AND IT'S OBVIOUSLY IT'S MUCH LOWER WHAT WE'RE PROPOSING.
WE, WE'VE SHOWN THEM THIS CHART TO SAY WE ARE TRYING TO LOWER THAT.
BUT EVEN FURTHER BEYOND THAT, WE'RE, WE'RE OFFERING AT THIS POINT, UM, TO ENTER INTO A SET OF COVENANTS WITH, UH, AT LEAST THE TANGLEWOOD UH, ASSOCIATION TO SAY WE'LL LIMIT IT COMPLETELY THE WHOLE PROPERTY TO 192 UNITS.
THAT WAY WE CAN BE SURE WE CAN'T GO ABOVE THAT.
WE DON'T NEED 25 UNITS AN ACRE.
WE CERTAINLY DON'T NEED 33 UNITS AN ACRE.
IF THERE ARE A WAY TO DO MF 19, WE WOULD DO THAT.
UM, BUT THE ONLY WAY THAT WE CAN DO THAT IS GET UP TO MF 25 AND ENTER INTO A SET OF COVENANTS TO START THAT PROCESS.
UM, UH, I'VE STARTED THE CONVERSATION, UM, WITH, WITH, UH, MUSK GOGAN, AT LEAST FROM THE TANGLEWOOD ASSOCIATION.
WE HAVE MORE CONVERSATIONS TO GO.
COVENANTS ARE NOT DONE, BUT CERTAINLY WE HAVE AN ACTIVE DIALOGUE AND ARE WORKING WITH THEM TO SAY, WE'RE TRYING TO LIMIT THIS AS MUCH AS POSSIBLE.
BUT OVERALL, THE LAND USE FOR GENERAL URBAN TIER, AS STAFF SAID, IT IS AN APPROPRIATE, UM, IS APPROPRIATE LAND USE FOR THIS AREA.
IT'S AN ENCOURAGEMENT OF HIGH DENSITY.
I MEAN, WE'RE ONLY TALKING ABOUT 19 UNITS AN ACRE, BUT AN ENCOURAGEMENT OF HIGH DENSITY ON THIS COMMERCIAL CORRIDOR IN THESE ACTIVITY CENTERS.
UM, IT IS, IT IS A MIX TO THE, ACTUALLY TO THE WEST OF US, WE HAVE UNITS THAT ARE ABOUT 14 UNITS AN ACRE ON THE OTHER SIDE OF THE STREET.
THERE, THERE IS A MIX OF SINGLE FAMILY AND MULTIFAMILY IN THE AREA.
BUT GENERALLY THIS GENERAL URBAN TIER IS, IS WE FEEL AN APPROPRIATE LAND USE AND, AND CERTAINLY, UM, ZONING COMMISSIONS COMING UP ON THE 21ST.
WE WILL HAVE THOSE COVENANTS IN PLACE BEFORE THEN.
AND I'LL BE HERE FOR QUESTIONS.
PLEASE, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M ALSO THE TREASURER OF THE TANGLEWOOD RESIDENCE ASSOCIATION AND I'M REPRESENTING THE PEOPLE IN OUR NEIGHBORHOOD.
WE DID NOT GET A NOTICE AND SO COULD NOT THEREFORE REPLY BECAUSE OUR ADDRESS HAD MAGICALLY DISAPPEARED FROM THE SYSTEM.
AND SO I'LL BE CALLING THE CITY TO TALK ABOUT HOW TO FIX THAT.
AND, AND THE INFORMATION WE GOT AT THE ZONING WAS THAT WE'RE GONNA HAVE TO CHECK THAT EVERY MONTH BECAUSE THEY LOOK AT IT EVERY MONTH.
SO WE WILL CONTINUE WITH THAT.
BUT IN THE MEANTIME, UM, WE ARE AGAINST THIS CHANGE.
THERE IS A ZONING CHANGE THAT WOULD BE REQUIRED IF THEY WERE GONNA EVEN GO WITH THE 18 UNITS.
IT WAS ORIGINALLY SET UP FOR COMMERCIAL.
SO I'M GONNA GO BACK TO MY NOTES HERE BECAUSE I KNOW WE'RE TALKING ABOUT LAND USE HERE.
WE ARE A WORKING CLASS NEIGHBORHOOD AND WE HAVE MULTIPLE RELATED MEETINGS THIS MONTH.
SO MY NEIGHBORS ARE SAYING, I'M GONNA WAIT IN CASE WE HAVE TO GO TO THOSE OTHER MEETINGS.
UM, I'M GONNA TRUST THE CITY'S GONNA DO THE RIGHT THING AND THAT MY TRUST ISN'T MISPLACED.
SO I'M HERE TO TALK TO YOU ABOUT WHY, WHAT WE'RE ASKING YOU FOR.
UM, OUR PRIMARY ISSUE IS POPULATION DENSITY.
THE LOCAL GOVERNMENT CODES SECTION TWO 11.004004 INCLUDES LESSENING CON CONGEST.
YOUR RESPONSIBILITIES OR THE RESPONSIBILITIES IN THAT CODE LESSEN CONGESTION IN THE STREETS, PREVENT OVERCROWDING OF LAND AND AVOID UNDUE CONCENTRATION OF POPULATION.
THERE ARE 740 UNITS BEING BUILT RIGHT ACROSS THE STREET.
UM, ON TOP OF THAT, WE'RE TALKING ABOUT ADDING 192 UNITS, AND I APPRECIATE THAT WE'RE GONNA BE ABLE TO WORK ON COVENANTS.
THE COMPANY AND THE ATTORNEY HAVE BEEN REALLY GOOD ABOUT WORKING WITH ME ON THAT.
IN CASE WE HAVE TO HAVE SOMETHING THAT GOES ON PAST AND THEY DON'T BUILD IT AND IT GETS REZONED, WE'LL STILL BE TAKEN CARE OF TO SOME DEGREE.
SO WE'RE GONNA ADD ANOTHER 192 UNITS ACROSS FROM THE 740 COMING.
WE WERE TOLD 180 UNITS WOULD BE BE TOO LOW.
AND THAT'S WHY THEY'RE ASKING TO GO TO THE REZO REZONING TO 192, WHICH THE COVENANTS WOULD RESTRICT TO THAT IF WE CAN GET THAT.
ALTHOUGH IT WOULD BE A CIVIL MATTER.
UM, THERE ARE TWO LIGHTS ON EITHER SIDE OF THAT APARTMENT COMPLEX.
WE HAD OVER 20,000 PEOPLE A DAY TRAFFIC ON THAT, THOSE TWO LIGHTS.
WE'VE ADDED MORE HOMES, MORE APARTMENTS.
WE HAVE HEAVY CONGESTION IN THAT AREA.
INVITE ANY OF YOU TO COME DRIVE THROUGH.
THERE'S NO POSSIBILITY OF A NEW LIGHT IN THAT SMALL STRETCH.
AND THE TRAFFIC AMOUNTS, WE'VE BEEN TOLD THIS IS A WORKING CLASS GROUP OF PEOPLE, BUT NOW WE KNOW THEY'RE GOING TO ACCEPT VOUCHERS.
AND SO WE THINK THAT THEIR TRAFFIC NUMBERS ARE LOW.
THESE PEOPLE ARE GONNA BE GOING TO WORK, AT LEAST FROM WHAT WE UNDERSTOOD.
[00:50:01]
UH, PEOPLE ARE CUTTING THROUGH STREETS IN OUR NEIGHBORHOODS NOW TO TRY TO GET AROUND THE TRAFFIC.AND I KNOW YOU ARE ALL CITIZENS.
I'M ASKING YOU TO REJECT THIS BASED ON DENSITY.
UH, DOES THE APPLICANT HAVE ANY ADDITIONAL COMMENTS? I DO.
UM, ONE OF THE ITEMS THAT MS. SAGA NOTED IS THAT PART OF THIS IS LOOKING AT LOWERING TRAFFIC.
WE ARE DEFINITELY TRYING TO LOWER TRAFFIC 10 ACRES OF COMMERCIAL SITE AT THIS CORNER.
AS YOU CAN SEE, IT'S BEEN UNDEVELOPED.
IT'S A TOUGH SITE TO DEVELOP, BUT IT IS, IT IS GONNA HAVE A LOT MORE TRAFFIC.
WE'RE TALKING ABOUT 192 UNITS THAT WILL LOWER THE TRAFFIC.
WE, I MEAN, IT'LL LOWER IT SIGNIFICANTLY.
AND OF COURSE THAT IS COMPARED TO WHAT COULD BE THERE, NOT WHAT IS THERE, BUT THAT'S WHAT WE LOOK AT.
UM, THE OTHER AUTUMN IS THE, THE UNITS ACROSS THE STREET.
I DON'T FEEL IT'S A AS APPROPRIATE TO SAY THAT THAT'S BEING BUILT YET.
THERE'S, IT'S A LARGE PROPERTY ACROSS THE STREET.
IT'S ABOUT 36 ACRES THAT ZONE MF 33 TO THE EAST ON THE INSIDE OF BABCOCK.
AND THERE'S A SET OF COVENANTS ON THAT PROPERTY THAT LIMITS IT TO 21 UNITS, AN ACRES, SO 750 UNITS.
SO OTHERWISE IT WOULD BE ALMOST 1200 UNITS, 1188 UNITS THAT WOULD BE ALLOWED BY ZONING.
THEY'VE PUT IN COVENANTS TO LOWER IT DOWN TO 21.
UM, THERE IS NO PLANS TO BUILD THAT.
NOBODY OWNING THAT PROPERTY HAS ANY PLANS AT THIS MOMENT TO BUILD THAT WE'RE IMMINENT TO BUILD.
AND, AND I WOULD LIKE TO NOT COMPARE THE 750 UNITS THAT MAY COME SOMEDAY TO THE 192 THAT WE ARE LOOKING TO, TO REALLY MAKE A, WHAT WE BELIEVE IS A REALLY POSITIVE IMPACT ON THE COMMUNITY.
I THINK IT COULD, THIS, THIS AFFORDABLE HOUSING THAT WE'RE ALLOWING, IT'S A, IT'S A, UH, 9%, UH, TAX, I'M SORRY, 4% TAX CREDIT HOUSING PROJECT, UM, COULD REALLY HELP AND REALLY HELPS THOSE IN THE AREA THAT, THAT WANT TO HAVE MORE OF A WALKABLE COMMUNITY, WHICH IS ONE OF THOSE LAND USE GOALS IN THE THE SECTOR PLAN.
UM, IF ANYTHING, UH, YOU KNOW, IF, IF THERE ARE, YOU KNOW, THAT STRONG A FEELING ABOUT IT, WE HAVE, UH, THE ZONING COMMISSION'S ON THE 21ST.
SO, UM, YOU KNOW, IF THIS COMMISSION WANTS TO TALK ABOUT IT BEFORE THEN, UH, I BELIEVE THE THE NEXT DATE WOULD BE THE 22ND FOR THE PLANNING COMMISSION.
BUT AT THIS POINT, WE FEEL LIKE FROM A LAND USE PERSPECTIVE, IT IS APPROPRIATE.
WE ARE CERTAINLY GONNA HAVE TO DEAL WITH THE ZONING AT THAT LEVEL BECAUSE I THINK THAT'S, THAT'S MORE OF THE PROBLEM THAT WE MIGHT HAVE.
BUT WE CAN'T MOVE FORWARD AT ZONING AND WE CAN'T, CERTAINLY COULDN'T MOVE FORWARD AT CITY COUNCIL WITHOUT SOME KIND OF AGREEMENT OR UNDERSTANDING.
BUT FROM A LAND USE PERSPECTIVE, I, I FEEL IT IS APPROPRIATE TODAY.
UM, NEXT WOULD BE COMMISSIONER'S QUESTIONS.
THIS TIME WE'LL START ON THE LEFT.
WHO DO WE HAVE WITH THE COMMISSIONER? KAZ? I DON'T HAVE ANY QUESTIONS.
UM, WHAT IS THE PUBLIC TRANSPORTATION LIKE ALONG THAT STRETCH? IS THERE BUS, BUS STOPS? IS THERE A V ROUTE? THERE'S A V ROUTE.
THAT NORTHERN TIP OF THE PROPERTY BEING REZONED.
AND SO WHAT YOU SAID WHEN THEY'VE TALKED ABOUT THE 700 AND SOME UNITS ACROSS THE STREET, THAT'S JUST WHAT'S POT, WHAT THEY CAN DO.
THERE'S NO PLAN IN PLACE FOR THAT AT THE MOMENT.
UM, IS THERE A, UM, SA TOMORROW PLAN, UH, FOR THIS REGION YET? AND IF SO, WHAT DOES THAT CALL FOR IN THAT STRETCH? THERE'S NO APPROVED SA TOMORROW PLAN.
UM, I'M NOT SURE WHAT THE FUTURE NAME IS GONNA BE FOR THIS AREA.
I DON'T KNOW IF IT'S IN PHASE FOUR OR PHASE FIVE, BUT I, I DON'T SEEM TO RECALL THAT THEY'VE HAD ANY MEETINGS YET FOR THE POTENTIAL LAND USE CATEGORY FOR THIS PROPERTY.
I, I'M, I'M A BIG FAN OF DENSITY, BUT I'M ALSO VERY SENSITIVE TO OVER DENSITY.
AND SO, UM, GIVEN WHAT YOU COULD DO BASED ON CURRENT LAND USE, HOW MANY UNITS DOES THAT ALLOW YOU AND HOW DOES THAT IMPACT YOUR ABILITY TO PROVIDE AFFORDABLE HOUSING? I'LL ANSWER THE FIRST PART.
AND I, AND MY CLIENT HERE IS HERE FROM, UH, PCOR, THE, AT MF 18, WHICH IS THE, THE CURRENT LAND USE WE STILL NEED TO REZONING, BUT IF WE DID HAVE THAT REZONING AT MF 18, THAT WOULD BE 180 UNITS.
SO THE, THE, AND WE'VE LOOKED AT IT AND IT JUST CANNOT, WE JUST CAN'T GET THERE WITH 180.
I MEAN, 1 92 IS STILL DIFFICULT, BUT WE'RE TRYING TO KEEP IT AS LOW AS POSSIBLE.
AND RELATED TO THAT, SO JUST TO CLARIFY, THE COVENANT MEANS THAT IT STAYS WITH THE PROPERTY AND THAT ANYBODY YOU SELL IT TO IS REQUIRED TO HAVE NO MORE THAN 192, AND THAT WOULD NEVER, EVER CHANGE
IS THERE ANY WAY FOR SOMEBODY TO GET AROUND THAT? I GUESS THAT'S A QUESTION FOR STAFF.
SO THE COVENANT IS TIED TO THE PROPERTY AND I GUESS IT'S A CONTRACT BETWEEN
[00:55:01]
THOSE TWO PEOPLE.SO THE TWO PEOPLE OR THE TWO PARTIES THAT ARE PART OF THAT CONTRACT WOULD HAVE TO AGREE TO IT, RIGHT.
AND, AND, AND IT DOES RUN WITH THE, SO CURRENTLY THE, THE PROPERTY OWNER IS UNDER CONTRACT TO SELL TO MY CLIENT.
THEY WOULDN'T CLOSE, MY CLIENT WOULD NOT CLOSE ON IT UNTIL AFTERWARDS, BUT WE'VE ALREADY TALKED TO THE SELLER AND HE HAS AGREED TO 100% PUT IT ON HIS PROPERTY TODAY IF THAT'S WHAT IT TAKES TO GET THE, THE ZONING THROUGH.
UM, SO IT WOULD RUN WITH THE PROPERTY SO THEY, THEY WOULDN'T HAVE TO DO ANYTHING.
BUT THE SECOND THERE WAS ANY KIND OF PERMIT OR ANYTHING THAT, THAT, THAT PURPORTED TO HAVE MORE THAN 192 THAT GOES INTO PLACE AND THERE WOULD BE AN IMMEDIATE INJUNCTION ESSENTIALLY.
SO THEN MY QUESTION IS, FOR THE NEIGHBORHOOD IS 192, EVEN THOUGH THAT'S MORE DENSITY THAN YOU WANT, IS THAT SOMETHING THAT THE NEIGHBORHOOD WOULD ACCEPT AS LONG AS IT STAYED AT 192? IF YOU'RE GONNA ANSWER THAT, YOU NEED TO GO TO THE MIC 192 OR EVEN 180.
WE ARE NOT IN FAVOR OF, IN THE NEIGHBORHOODS.
INJUNCTION NET WOULD COME IS BECAUSE WE WOULD BE HIRING ATTORNEYS.
IF WHOEVER TAKES THE PROPERTY OVER, INCLUDING THESE GUYS, IF THEY DECIDE THEY WANNA DO MORE, WE WOULD HAVE TO FIND AN ATTORNEY TO GO WORK WITH US BECAUSE IT'S NOW OUT OF THE CITY'S WORK.
TO GO BACK TO THAT OTHER QUESTION.
SO, SO NO, WE ARE IN FAVOR OF EITHER HOMES OR A, A SMALLER NUMBER OF HOMES OR, UH, THE COMMERCIAL BECAUSE IT'S NOT 24 HOURS, 24 7 AND IT WOULD BE NON-ALCOHOLIC UNDER THE CURRENT ZONING ALSO.
BUT WE QUESTIONED THE SOURCE OF THE TRAFFIC STUDIES AND NOT BE IN FAVOR TO ANSWER YOUR QUESTION BEYOND WHAT YOU ASKED.
MY QUESTION IS FOR THE APPLICANT, AND I KNOW THIS WAS CONTINUED FOR US FROM LAST MONTH, RIGHT? UM, HAVE THERE BEEN ANY ATTEMPTS TO WORK WITH MS. SKA SKAIN? I'M SORRY IF I MESSED UP YOUR LAST NAME, BUT HAVE YOU, UM, HAVE YOU HAD MEETINGS WITH THEIR, THE GROUP? HAVE YOU GUYS, SO THE, THEIR CONCERNS, RIGHT, SO THE CONTINUANCE LAST TIME WAS BECAUSE THERE WAS A MEETING SCHEDULED WITH THE NEIGHBORHOOD.
UM, THE, THE NEXT DAY, I THINK IT WAS.
SO, UH, YEAH, WE HAD THAT MEETING.
IT WAS, UM, AT THE IGO PUBLIC LIBRARY.
UM, PLENTY OF PEOPLE SHOWED UP EITHER FROM TANGLEWOOD AND SOME FROM SOME OF THE OTHER NEIGHBORHOODS IN THE AREA.
UM, COUNCILMAN WAS THERE, SOME OF THE COUNCILMAN STAFF, ZONING COMMISSIONER, UH, TWO OF THE ZONING COMMISSIONERS WERE THERE.
AND, UH, CERTAINLY PLENTY OF THE, THE RESIDENTS, UM, REALLY JUST TO PRESENT EVERYTHING AND SAY, YOU KNOW, WHAT IS IT THAT YOU ARE LOOKING FOR? WHAT, WHAT IS IT THAT IF, IF WE ARE ENTERING INTO A SET OF COVENANTS, WOULD THAT DO IT? IF SO, WHAT WOULD YOU WANT TO SEE UNDER THOSE COVENANTS? SO THAT THE CONVERSATION WAS STARTED AT THAT MEETING.
AND THEN, UM, I SPOKE TO MS. GOGAN AFTERWARDS AND SAID, AND ACTUALLY AFTER THE PLANNING COMMISSION MEETING AND SAID, YOU KNOW, LET'S, LET'S GET TOGETHER.
I GOT PHONE NUMBERS AND EVERYTHING.
UM, BUT IT WAS RIGHT BEFORE THE HOLIDAYS.
SO BASICALLY ONCE WE GOT BACK, I SAID, OKAY, LET'S GET RE-ENGAGED.
THE 21ST IS A ZONING COMMISSION.
THAT'S REALLY KIND OF THE BIG DEADLINE THAT WE WERE TRYING TO GET TO, TO WORK IN THE NEXT FEW WEEKS TO GET TO THAT DEADLINE.
SO, UM, AND ACTUALLY, UM, I SHOULD SAY MY CLIENT AS WELL HAS, HAS TALKED TO, UH, A LOT OF THE RESIDENTS ALSO BEFORE WE EVEN GOT, BEFORE WE EVEN FILED, WE HAD TALKED TO THEM AS WELL.
SO THERE, THERE HAS BEEN AN OPEN DIALOGUE.
AND MS. GOGAN, ARE YOU SATISFIED WITH THE DIRECTION, THE CONVERSATIONS, ARE THEY WORKING WITH YOU AND YOUR HOMEOWNERS AND YOUR NEIGHBORHOOD ASSOCIATION? I I UNDERSTAND THAT YOU ARE OUTSIDE OF THE NOTIFICATION ZONE, SO ARE YOU, HAVE THE MEETINGS BEEN PRODUCTIVE? UH, WE'VE LEARNED WHAT WAS GOING ON.
WE'VE SHARED IT WITH THE PEOPLE ACROSS THE STREET WHO DON'T HAVE A HOMEOWNER'S ASSOCIATION AND ACROSS ON THE OTHER SIDE, AND WHO WILL HAVE 15 FEET, THREE STORY APARTMENTS, 15 FEET FROM THEIR BACKYARD LOOKING IN AND 15 FEET FROM THE SCHOOL YARD LOOKING ACROSS AND, AND THEY'RE CONCERNED AND THEY'RE STARTING SOME PETITIONS AND THEY'VE CONTACTED THE PEOPLE WHO GOT THE CARDS BECAUSE THEY DIDN'T, THOSE PEOPLE DIDN'T UNDERSTAND WHAT WAS COMING IN.
BUT YES, I'M SATISFIED THAT THEY'VE GIVEN US, THEY'VE COME AND TALKED WITH US.
WE HAD TO ASK ABOUT THE VOUCHERS THAT WASN'T THERE.
THERE WERE SOME THINGS WE'VE HAD TO PRESS ON TO GET ANSWERS, BUT, UH, THESE GUYS HAVE BEEN GREAT AS FAR AS SHARING WHAT THEY WANNA DO, WHY THEY WANNA DO IT, UH, LISTENING TO OUR CONCERNS.
AND, UM, WE'RE GONNA BE WORKING ON THOSE COVENANTS AS WELL, JUST IN CASE THE ZONING DOES GET CHANGED.
AND SO THEY'RE WILLING TO WORK WITH US ON ALL OF THAT.
THAT DOESN'T PUT US TO 180 OR 192 UNITS AS OPPOSED TO THE MASTER PLAN.
I'M, I'M, I'M SENSITIVE TO YOUR CONCERNS WITH
[01:00:01]
THE DENSITY AND THE TRAFFIC.UM, THE NEIGHBORHOOD I LIVE IN AS WELL RECEIVES A LOT OF CUT THROUGH TRAFFIC AND KIDS PLAYING IN THE STREET.
WE HAVE TO CONSTANTLY BE MINDFUL OF, UM, THE CARS ZOOMING THROUGH BECAUSE THEY'RE TRYING TO CUT THROUGH AND BYPASS TRAFFIC.
SO, UM, I APPRECIATE YOUR, UH, YOUR CONCERNS AND YOUR ADDRESSING THE COMMISSION TODAY.
I HAD ONE GET RUN OVER IN FRONT OF MY HOUSE.
I DON'T REALLY HAVE ANY QUESTIONS.
JUST A STATEMENT, UH, OR A COUPLE OF STATEMENTS REALLY.
UH, ONE, YOU KNOW, CONSIDERING THE FACT THAT WE'RE NOT, YOU KNOW, OUR PURVIEW TODAY ISN'T TO REVIEW THE ZONING.
IT'S ONLY TO REVIEW THE CHANGE IN LAND USE, UH, TO GENERAL URBAN TIER.
UM, TO ME THAT LAND USE IN THAT LOCATION MAKES SENSE DUE TO THE, THE, UH, YOU KNOW, UM, HOW LARGE OF A STREET BABCOCK ROAD IS, THE CURRENT DEVELOPMENT IN THE AREA AND, AND WHAT ELSE IS GOING ON.
SO I WILL BE IN SUPPORT OF THE LAND USE CHANGE.
UM, IN GENERAL, I'M IN FAVOR OF THE PROJECT BECAUSE IT SEEMS LIKE YOU GUYS HAVE, HAVE REACHED OUT AND DONE EVERYTHING YOU NEED TO DO, AND YOU'RE EVEN MAKING CONCESSIONS OVER, OVER WHAT YOU COULD DO.
YOU'RE, YOU'RE BACKING OFF OF THAT AND MAKING CONCESSIONS TO GET THE PROJECT DONE.
I'M SURE THE NEIGHBORHOOD APPRECIATES THAT AND THAT'S WHY I'M IN SUPPORT.
I ECHO THE COMMENTS OF, UM, MY FELLOW COMMISSIONERS AND THANK YOU SO MUCH FOR GOING THROUGH THE PROCESS.
UM, ESPECIALLY WITH THE, THE HOLIDAYS.
I'M SURE THINGS WERE, UM, A LITTLE, A LITTLE BIT MORE DIFFICULT OR A LOT MORE DIFFICULT.
UM, BUT WE APPRECIATE YOU ACTUALLY MAKING THE EFFORTS, UM, SEVERAL EFFORTS TO HAVE THAT ONE-ON-ONE CONVERSATION, COMMUNICATION AND, AND, UM, YOUR WILLINGNESS TO ACTUALLY BEND A LITTLE.
UH, ONE, JUST CLARIFICATION FOR ME, EVEN THOUGH THAT'S NOT IN OUR PURVIEW, UM, MF 18 AND MF 25, THEY'RE ASKING FOR MF 25, EVEN THOUGH THEY'RE STATING THEY WANT 192, THEY'RE ABLE TO GO ABOVE THAT.
SO THE MF 18 RIGHT NOW, THEY CAN'T GO ABOVE 180.
UM, MF 25 ESSENTIALLY CAN GIVE 'EM 250, BUT THAT CHANGES THE LAND USE CATEGORY WHEN YOU GO FROM 18 TO 25.
HOWEVER, THE RESTRICTIVE COVENANT WOULD LIMIT THEM DOWN TO THE 1 92, BUT IF THEY WERE ASKING JUST FOR MF 25, THEY WOULD BE APPROVED FOR UP TO 250.
JUST FOR MY INFORMATION, THANK YOU.
I HAVE BEEN REVIEWING THIS CASE QUITE A BIT.
I LIVE AT OAKMONT DOWNS, WHICH IS DOWN THE STREET FROM YOU.
AND I, UH, WOULD CONSIDER A LESSER DENSITY BECAUSE IT IS VERY DIFFICULT TO GET OUT FROM OUR NEIGHBORHOOD.
IF YOU LEAVE LATER THAN 7 45 YOU IN THE MORNING, YOU'RE GONNA BE THERE HALF AN HOUR WAITING FOR THE TRAFFIC THAT COMES FROM BANDERA GOES THROUGH OUR AREA TO GET TO INTERSTATE 10.
AND THE SAME THING CONTINUES, UH, UH, IN THE AFTERNOON, SEVEN, UH, 4 45 OR LATER, YOU CAN JUST FORGET UNTIL NIGHTFALL TO MOVE OUTTA YOUR NEIGHBORHOOD.
UM, THIS DEVELOPMENT IS BACK TO BACK TO THAT ELEMENTARY SCHOOL THAT'S THERE.
AND ONE THING THAT WE SEE A LOT OF TRAFFIC ARE, ARE THE BUSES, THE SCHOOL BUSES TRAVELING TH THROUGH OUR NEIGHBORHOODS IN THE MORNING AND THE AFTERNOON.
AND THEY'RE NECESSARY TO GET THE CHILDREN OUT IN AND OUT OF THEIR AREAS, BUT I WOULD SUPPORT A LESSER, UH, DENSITY, UH, IN OUR AREA.
ARE THERE ANY FURTHER COMMISSIONER QUESTIONS? I, I HAVE ONE MORE ABOUT THE SCHOOLS.
UH, I SEE THERE'S, THERE'S A PUBLIC SCHOOL AND THEN A, UM, LIP PETITE ACADEMY, WHICH IS A PRIVATE, I THINK A DAYCARE OR CHILDCARE CENTER.
UM, HAVE THE SCHOOLS BEEN APPROACHED, UH, REGARDING THIS? BECAUSE IT DOES LOOK LIKE THE, THE PROPERTY WILL KIND OF OVERSHADOW THE SCHOOL PLAYGROUND.
AND WHAT DID THE SCHOOL'S OPINION ON IT? THEY WERE NOTIFIED, BUT WE HAVEN'T, I HAVEN'T RECEIVED ANY WORD BACK FROM THEM.
ANY OTHER COMMISSIONER QUESTIONS OR COMMENTS? UM, SO ONE OF THE THINGS THAT WAS BROUGHT UP WAS, UH, DENSITY ISSUES AND THOSE, I, I DON'T REMEMBER THE SECTION OF THE CODE THAT WAS MENTIONED, BUT REGARDING DENSITY ISSUES AND I WAS JUST WANTING TO STAFF, OR IF YOU HAVE STAFF JUST TO SPEAK ON THAT REAL QUICK.
WHAT'S THE SPECIFIC QUESTION? UM, THE, THE SPEAKER FROM THE PUBLIC MENTIONED THAT, I FORGOT WHAT SECTION OF THE COACH SHE MENTIONED, BUT THERE WAS A ABOUT OVER, UH, THE OVERPOPULATION OR DENSITY ISSUES AND TOO MUCH TRAFFIC AND PREVENTING THOSE KIND OF SITUATIONS.
SO, UM, THE PURPOSE OF THIS IS TO ACTUALLY DOWN ZONE, WHICH WOULD MINIMIZE THE TRAFFIC BECAUSE COMMERCIAL USES BRING IN MORE TRAFFIC BECAUSE IT'S NOT JUST ABOUT THOSE THAT LIVE IN THE AREA, BUT IT'S ALSO REACHES THOSE THAT ARE OUTSIDE OF THE AREA.
SO ADDITIONAL TRAFFIC WOULD BE BROUGHT IN.
UH, SO THE PROPOSED REZONING DOES DOWN ZONE THAT OR
[01:05:01]
MINIMIZES THAT IMPACT, UH, WHICH WOULD, UH, HELP WITH NOT ALLOWING ADDITIONAL TRAFFIC THAT SOME OF THESE C TWO C ONE USES WOULD ALLOW.UH, YOU COULD HAVE DRIVE-THROUGHS, 24 HOUR OPERATIONS.
UH, YOU COULD HAVE RESTAURANTS THAT HAVE A LOT OF TRAFFIC, SO THERE'S JUST A MULTITUDE OF COMMERCIAL USES THAT WOULD BRING MORE TRAFFIC.
SO IT'S ACTUALLY THE PROPOSED ZONING IS ACTUALLY MINIMIZING THAT IMPACT.
SO, SO THEN TYPICALLY YOU, YOU SEE, UM, LOWER TRAFFIC WITH THE RESIDENTIAL USE VERSUS THE COMMERCIAL USE BECAUSE OF THOSE REASONS THEN? YES.
BECAUSE IT'S ABOUT PEAK HOUR TRIPS? THAT'S CORRECT.
UH, MY QUESTIONS HAVE BEEN ANSWERED AND ASKED BY MY FELLOW COMMISSIONERS.
SO AT THIS POINT IN TIME WE'LL ENTERTAIN A MOTION.
I'LL MAKE A MOTION FOR APPROVAL.
WE HAVE A MOTION FROM APPROVAL FROM COMMISSIONER PECK.
DO WE HAVE A SECOND? SECOND? AND WE HAVE A SECOND FROM COMMISSIONER GONZALEZ AND STAFF DO THE ROLL CALL COMMISSIONER PUCK.
COMMISSIONER MICHAEL GARCIA? NO.
COMMISSIONER ROYAL LAG GREENY? NO.
UH, THIS I'LL VOTE NO AS WELL AND THIS MOTION WILL NOT PASS.
SO THIS IS THE SECOND TIME THAT THIS IS, UH, THE ITEM IS BEING HEARD.
SO THERE'S A COUPLE OF OPTIONS.
ONE, YOU COULD DO A MOTION TO RECONSIDER FROM ONE OF THOSE THAT VOTED, UH, AGAINST THE MOTION AND THEN HAVE A NEW MOTION AFTER THAT.
OR IT, UH, PROCEEDS AS, UH, A DEFAULT MOTION OF DENIAL DUE TO LACK OF A MOTION.
IS THERE A MOTION TO RECONSIDER? THERE'S NO MOTION TO RECONSIDER THEN.
WITH THAT IT PROCEEDS FORWARD WITH A MOTION OF DENIAL DUE TO LACK OF A MOTION.
[22. 20-1037 PLAN AMENDMENT CASE PA-2019-11600091 (Council District 3): A request by GFR Development, Applicant, for approval of a Resolution to amend the Brooks Area Regional Center Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Urban Mixed-Use” to “Regional Mixed-Use” on 0.71 acres out of NCB 10939, located at 1003 Avondale Avenue. Staff recommends Denial. (Associated Zoning Case Z-2019-10700302) (Lorianne Thennes, Planner (210) 207-7945, lorianne.thennes, Development Services Department)]
ITEM NUMBER 22.GOOD AFTERNOON, COMMISSIONERS LORIANNE TENNIS PLANNER WITH DEVELOPMENT SERVICES.
THIS IS ITEM NUMBER 22, LOCATED AT 1 0 0 3 AVONDALE AND IT'S A REQUEST TO CHANGE THE FUTURE LAND USE OF THE BROOKS AREA REGIONAL CENTER PLAN FROM URBAN MIXED USE TO REGIONAL MIXED USE.
20 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.
EIGHT WERE RETURNED IN OPPOSITION.
AND THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
DAF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS.
IN RELATION TO THIS PLAN AMENDMENT REQUEST, THE APPLICANT IS SEEKING A PLAN AMENDMENT TO REGIONAL MIXED USE IN ORDER TO REZONE TO C THREE NA, UH, FOR A SHOPPING CENTER, AUTO REPAIR FACILITY, AND A CAR WASH.
THE BROOKS AREA REGIONAL CENTER PLAN WAS JUST ADOPTED EARLIER THIS YEAR AND IT WAS DECIDED THAT THE EXISTING URBAN MIXED USE LAND USE WAS APPROPRIATE.
IT IS ALSO CONSISTENT WITH THE EXISTING C TWO ZONING, REGIONAL MIXED USE AND C THREE NA ARE NOT APPROPRIATE FOR A PREDOMINANTLY SINGLE FAMILY RESIDENTIAL AREA.
STAFF RECOMMENDS DENIAL AND THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS.
THE APPLICANT HERE, YES, PLEASE, UH, ADDRESS THE COMMISSION.
UH, FIRST I WANT TO, UM, STAFF MADE A MISREPRESENTATION.
THIS ISN'T ABOUT A SHOPPING CENTER.
THE, UH, SHOPPING CENTER TO PROPOSE CAN BE BUILT IS ON A DIFFERENT PIECE OF PROPERTY OWNED BY A DIFFERENT GROUP.
SO THIS STRICTLY IS CONCERNING THE 0.7 ACRES.
UM, AND STAFF KNOWS THAT, BUT I DON'T KNOW WHY THEY DID IT.
BUT, UH, IF YOU GO BACK TO THE PICTURES, THE YOUNG, THE YOUNG MAN RIGHT HERE SHOWED STOP.
THAT IS THE ADJACENT PROPERTY.
THIS LADY IS SO CONCERNED ABOUT ZONING AND USE.
THOSE ARE COMMERCIAL VEHICLES BEING STORED IN A RESIDENTIAL NEIGHBORHOOD, WHICH IS AGAINST CODE.
SO WE HAVE ASKED CODE COMPLIANCE TO ENFORCE THE CODE SINCE THAT'S SOMETHING SHE'S COMPLAINING WITH.
ALSO, THE FENCE IS EIGHT FEET IN VIOLATION OF CODE.
SO THE NEIGHBOR WHO'S AGAINST THIS IS IN VIOLATION OF THE THREE CODE SECTIONS.
SO LET'S JUST GET THE TABLE WORD LEVEL.
SO THIS IS WHAT WE PROPOSED DOING ORIGINALLY, AND Y'ALL DON'T KNOW ME, BUT
[01:10:01]
FOR THE LAST 20 YEARS I'VE DEVELOPED MORE PROPERTY IN PARTS OF TOWN LIKE GOLIAD THAN ANYBODY.CITY BASE EXISTS BECAUSE OF ME.
I BUILT FOUR SHOPPING CENTERS DOWN THERE.
I'M THE ONE WHO WROTE THE ORIGINAL CHECK TO GET THE WHOLE THING STARTED.
WE'VE INVESTED OVER $250 MILLION IN SOUTHEAST SAN ANTONIO.
WE ALSO REDEVELOPED CENTRAL PARK MALL, UH, DONATED A PART TO THE CITY ALONG WITH THE PROJECT WE DID AT VANCE JACKSON AND I 10 AND DISTRICT ONE, UH, VAN DARREN WOODLAWN, FREDERICKSBURG ROAD, COLLAB ZAMORA.
WE OWN MULTIPLE DEPARTS, HAVE DONE TREMENDOUS AMOUNT OF DEVELOPMENT.
GOLIAD ROAD DURING THAT SAME PERIOD HAS SEEN NO NEW DEVELOPMENT IN THE ENTIRE TIME WE'VE BEEN WORKING IN SAN ANTONIO TO DEVELOP PARTS OF TOWNS THAT HAVE BEEN FORGOTTEN.
AND YOU SEE THE NEIGHBORHOOD IS STILL OLD.
NOBODY'S DOING ANYTHING TO UM, REDO THE AREA.
WE WANT TO COME IN AND DO A DEVELOPMENT WHERE WE WOULD BUILD A BRAND NEW SHOPPING CENTER ON THE FRONT PARCEL THAT'S ALL LEASED TO SMALL HI HISPANIC BUSINESSES.
AND THIS IS WHAT IT WOULD LOOK LIKE.
WE PROPOSED PUTTING A CAR WASH IN THE BACK TO GENERATE TRAFFIC TO HELP THESE TENANTS, UH, OPERATE.
AND AS PART OF THAT, WE ARE WILLING TO PUT A FENCE UP NEXT TO DAYCARE.
A FENCE UP NEXT TO THE RESIDENTIAL PROPERTY.
ONE OF THE MISCONCEPTIONS I HAVE C TWO ZONING ALREADY.
ONE OF THE NEIGHBORS THAT COMPLAINED WANTED TO COMPLAIN THAT, WELL, I DON'T WANT COMMERCIAL THERE.
THE ABILITY TO DO COMMERCIAL AND STAFF REFUSES TO EXPLAIN THAT TO THE NEIGHBORS.
THEY KEEP TELLING STAFF, STAFF KEEPS TELLING NEIGHBORS.
NOTHING WILL EVER HAPPEN HERE.
IT'LL BE AN OPEN, NO, SOMETHING WILL HAPPEN HERE.
THE ENTIRE AREA HAS SEA ZONING ALREADY RIGHT BEHIND ME IS C TWO.
THIS IS A SOUTHWESTERN BELL EQUIPMENT YARD.
OKAY? SO THE AREA IS ALREADY COMMERCIAL.
OKAY? ALL WE SIMPLY WANT TO DO IS TO BUILD A SHOPPING CENTER AND A CAR WASH.
WE HAVE TO REZONE THE BACK PARCEL AND GET THE CHANGE OF USE SO WE CAN DO THE CAR WASH.
THE BENEFIT TO THE NEIGHBORS ARE IS IF YOU LOOK AT THE PINK BALLOONS, THAT IS THE DISTANCE FROM, THAT'S A SETBACK.
IF YOU LOOK AT THE BLUE BALLOONS, THAT'S THE CAR WASH.
SO WE ACTUALLY PUSH THE BUILDING 15 FEET FURTHER AWAY FROM THE NEIGHBORING RESIDENTIAL THAN WE'RE ALLOWED TO DO.
OKAY? IF YOU ALSO LOOK HERE, THIS IS THE ONLY PROPERTY, THESE DISTORTED, IT'S ACTUALLY THE PROPERTY LINES RIGHT HERE, BUT THEY'RE ALREADY STRUCTURES HERE, WHICH WILL BLOCK OUR BUILDING FROM THE RESIDENTIAL.
THIS IS THE RESIDENTIAL PROPERTY.
OKAY? SO HER BUILDINGS BLOCK THE VIEW, THE, THE BUILDING WE CAN PUT IN THE BACK.
YOU SIR, CAN YOU PUT THOSE PICTURES ON OUR CAM AND YOU CAN USE THE LASER POINTER UP THERE JUST SO EVERYBODY CAN SEE WHAT YOU'RE SPEAKING ABOUT.
I KNOW THIS IS REAL SCIENTIFIC, BUT THIS IS HOW WE DO THINGS.
UM, THIS JUST SHOWS A BETTER GRAPHIC DESCRIPTION OF THE DIFFERENT HEIGHTS.
HERE'S THE CAR WASH, HERE'S THE METAL BUILDING.
OKAY, SO IF YOU JUST WANNA SHOW THOSE.
SO WHAT WE PROPOSE IS IF WE CAN'T DO THE CAR WASH, WE HAVE AN ALTERNATE USE.
WE OPERATE A LOT OF BUSINESSES.
WE NEED A VEHICLE SERVICE CENTER, WHICH WE CAN DO.
SO THE BUILDING WOULD BE RIGHT HERE, RIGHT UP ON THE PROPERTY, 25 FEET HIGH METAL BUILDING, NO SHOPPING CENTER WITHOUT THE CAR WASH.
IT MAKES NO SENSE TO DO THE SHOPPING CENTER.
ALL THE TRAFFIC GOES ON TO AVONDALE.
OKAY? WHEN THIS FIRST STARTED YEARS AGO, IT WAS OVER THE 24 HOUR OPERATION.
WE WASH MAYBE SEVEN OR EIGHT CARS A DAY FROM 10 O'CLOCK AT NIGHT TO LATE IN THE MORNING.
BUT WE HAVE A BRAND, WE HAVE 14 LOCATIONS.
WE CAN'T HAVE ONE LOCATION THAT, WELL, IT'S NOT OPEN 24 HOURS A DAY, BUT THE REST ARE OKAY WITH THE MAINTENANCE FACILITY.
'CAUSE ALL THE VEHICLES ARE OUT ON THE STREET DOING THINGS DURING THE DAY.
THEY COME IN AT NIGHT TO BE SERVICED AND REEQUIPPED.
SO THE CAR WASH IS ACTUALLY LESS INTRUSIVE TO THE NEIGHBORHOOD THAN THE MIDDLE BUILDING.
IT, IT'S GOT LESS NIGHTTIME BUSINESS.
WHEN WE TALK ABOUT, UM, IMPACT ON THE NEIGHBORS, SEVEN OF OUR FACILITIES ARE RIGHT NEXT TO RESIDENTIAL.
THIS IS A HOUSE UNDER CONSTRUCTION.
WE HAVE SEVEN LOCATIONS WHERE WE ARE ADJACENT TO RESIDENTIAL.
YOU CAN LOOK IT UP, PULL ALL THOSE RECORDS.
NOT ONE COMPLAINT OVER SIX YEARS.
WE'VE NEVER HAD A COMPLAINT OVER NOISE WASTE, ANYTHING FROM A NEIGHBOR, A RESIDENTIAL NEIGHBOR.
WE KEEP OUR PROPERTIES CLEAN, WELL LIT.
WE OUR BENEFIT TO THE COMMUNITY, WE CREATE JOBS.
WE, UH, THE NEIGHBORHOOD NEEDS THE RETAIL BUILDING.
GOLIAD IS THE ONLY STREET THAT HAS SEEN
[01:15:01]
NOTHING IN THE LAST 30 YEARS.WE'RE ONE OF THE FEW PEOPLE THAT GO IN THESE AREAS.
IF YOU GO TALK TO ROD SANCHEZ OR SHE, SCULLY OR ANYBODY, THEY WILL TELL YOU MARK'S THE GUY THAT GOES IN WHERE NOBODY GOES AND CLEANS THEM THREE PROPERTIES ON COLLIBRA BETWEEN 23RD STREET AND I TEN SEVEN ON FREDERICKSBURG BETWEEN FOUR 10 AND I 10 MULTIPLE PROPERTIES ON SAN SAN PEDRO AND MILITARY DRIVE.
SO WE'RE TRYING TO INVEST IN A PART OF TOWN THAT HAS NOT SEEN ANY INVESTMENT AND WE'RE NOT ASKING FOR ANY MONEY.
WE DON'T EVEN GET IMPACT FEE CREDITS ANYMORE.
OKAY? SO WE CREATE JOBS, WE CREATE TAX BASE.
WE, WE BRING THINGS TO COMMUNITY THAT WILL SHOW YOU CAN INVEST HERE AND MAKE A PROFIT, WHICH WHY DO IT? OKAY? I'M NOT GONNA BE BASHFUL ABOUT IT.
SO ALL WE'RE ASKING FOR IS THE ABILITY TO CHANGE THE CODE TO ALLOW THE CAR WASH, WHICH IS FURTHER AWAY FROM THE RESIDENTIAL, WHICH IS LESS IN HEIGHT THAN THE THE OTHER BUILDING.
AND IT'S PART OF, WE'RE MORE THAN HAPPY TO FENCE THE NEIGHBOR, THE, THE ADJACENT PROPERTIES.
OKAY? AND BECAUSE WE NOW BUILD A SHOPPING CENTER, MOST OF THE TRAFFIC WOULD GO OUT GOLIAD ROAD, NOT AVONDALE, GIVEN THE FACT THAT THE PROPERTY BEHIND THIS IS ALREADY C TWO.
OKAY? AND IT'S C TWO ALL THE WAY TO THAT STREET.
IT'S OUR, THESE PROPERTIES ARE ALREADY WRAPPED BY COMMERCIAL.
I, I CAN EXERCISE MY USE AND BUILD ONE THING OR I CAN ASK YOU TO GIMME A LITTLE LEEWAY TO CHANGE IT SO I CAN BUILD SOMETHING ELSE.
AND I THINK WHAT WE'RE OFFERING TO BUILD, LIKE I SAID, IS FURTHER AWAY FROM THE RESIDENTIAL IS SHORTER AND ALSO BRINGS IN THE RETAIL CENTER, WHICH THE NEIGHBORHOOD NEEDS.
NO ONE ARGUED, EVERYBODY WANTS THE RETAIL CENTER, BUT THEY WANT ME TO DO IT WITHOUT THE CAR WASH.
I'M SAYING IT DOESN'T MAKE ANY SENSE TO ME ECONOMICALLY.
SO, YOU KNOW, ANY QUESTIONS YOU HAVE MORE THAN HAPPY TO ANSWER.
UM, NEXT TO HAVE CITIZENS TO BE HEARD, AND WE HAVE, LET'S SEE, BILLY ZIMMERMAN.
OKAY, PLEASE, YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY HOME ADDRESS IS 40, CORRECTION 40 18 SKYLARK.
AND I AM, UM, I'M A LICENSED REAL ESTATE BROKER.
I'VE BEEN WORKING IN THE HIGHLANDS AREA FOR ABOUT 30 YEARS AND I USED TO LIVE ON AVONDALE STREET IN ONE OF THESE HOUSES THAT YOU'RE TALKING ABOUT HERE.
AND I STILL OWN IT AND I LEASE IT OUT.
SO I'M SPEAKING TO YOU AS A REAL ESTATE PROFESSIONAL, AS AN OWNER OF THE PROPERTY IN THE NEIGHBORHOOD AS A RESIDENT THERE FOR MANY YEARS.
MY CHILDREN WENT TO THE SCHOOL THAT JUST, UH, ISSUED.
IT'S A DENIAL FOR THE PETITION TO BUILD IT.
AND NOW I'M, I'M PROUD PROVIDE HOUSING FOR PEOPLE AND MEDIUM TO LOW INCOME AREAS THAT THEY ARE FIND THAT'S PEACEFUL THERE.
THAT IT'S A AFFORDABLE LEASE AMOUNTS.
THIS NEIGHBORHOOD DOESN'T MOVE IN AND OUT A LOT.
SO WHAT I BROUGHT TO SHOW YOU RIGHT QUICKLY, IF YOU COULD RUN THROUGH THESE, THESE ARE THE PICTURES OF STARTING AT GILEAD ROAD AND GOING DOWN TOWARD CLARK ON THE NORTH SIDE OF THE STREET WHERE THERE'S A PLAYGROUND THERE FOR THE CHILDREN AT THE SCHOOL, THE DAYCARE.
THEN IF YOU, HOW DO YOU GET THE NEXT ONE IN? OKAY, THIS IS, THIS IS THE ENTRY FROM AVONDALE AND THERE'S THE FENCE BY MS. REGO'S HOUSE HE WAS LOOKING AT.
SO THAT'S WHERE HE WANTS TO, THAT'S PART OF THIS SHAPE YOU SEE BEFORE, BEFORE YOU THAT HE WANTS TO USE NEXT ONE.
OKAY, THIS IS, UM, MRS. REGO'S HOUSE.
THAT'S ANOTHER DUPLEX THAT I OWN.
NEXT ONE, THE SINGLE FAMILY HOUSE.
AND THEN DOWN AT THE OTHER END OF THE STREET THERE'S AN EQUIPMENT YARD, BUT THERE'S NO ACTIVITY THERE TO JUST STORE THINGS.
THEY COME IN AND GET THINGS BEFORE ON THE OTHER SIDE OF THE STREET.
OKAY? THIS IS THE ONE NEXT TO PYLE.
THIS IS THE ONE THAT'S ACROSS THE STREET FROM THE SUBJECT PROPERTY, AS I REMEMBER.
[01:20:01]
THIS IS THE NEXT HOUSE.AND AS FAR AS I KNOW, THESE ARE, THESE HOMES ON THIS SIDE OF THE STREET ARE, ARE OCCUPIED BY OWNERS.
THE POINT OF ALL THIS IS, AND THAT'S A SMALL ONE, THANK YOU, THAT THEY KEEP UP THEIR HOMES.
THEY'VE BEEN THERE A LONG TIME, 30 SECONDS.
IT'S LOW INCOME HOUSING FOR THEM AND THEY DESERVE TO HAVE THE SECURITY AND THE PEACE AND THE QUIET THAT COMES FROM THE BACK.
WHERE'S THE THAT'S THREE MINUTES.
YEAH, THAT RIGHT, RIGHT THERE.
SO THE HOUSES THAT I SHOWED YOU ARE WITHIN, ALL WITHIN THAT CIRCLE.
AND THE, THE SUBJECT PROPERTY THERE, EXCUSE ME, IS IS THE ONE THAT'S SHADED AND THEN THE BACK BEYOND THAT.
WHAT DO YOU HAVE?
THE, YOU THE THREE MINUTES HIT.
NEXT WE HAVE RAQUEL BORREGO NAME AND ADDRESS FOR THE RECORD.
HI, MY NAME IS RAQUEL BORREGO AND I'M A PROPERTY OWNER AT 9 46 AVONDALE.
UM, MR. GRANADOS STARTED THIS PROCESS OF A YEAR AGO.
IT'S ALREADY GONE TO CITY COUNCIL AND IT WAS DENIED FOR THE CAR WASH SPECIFICALLY.
I THINK HE ASKED FOR SPECIAL USE.
UM, THIS HAS GONE TO THE ZONING COMMISSION THAT WAS DENIED THERE JUST A FEW WEEKS AGO.
A FEW POINTS I WANNA MAKE IS, UH, THE SAFETY OF OUR NEIGHBORHOOD.
HOWEVER WE WANT THE RIGHT KIND OF DEVELOPMENT.
IF, I GUESS HE DIDN'T LEAVE HIS PICTURES UP HERE, BUT ONE THING YOU, YOU MIGHT HAVE NOTICED IS THAT THE BAYS FOR THOSE CAR WASHES OR FOR THAT CAR WASH WOULD FACE THE SCHOOL OR BEHIND THE SCHOOL.
TO ME, THAT DOESN'T MAKE SENSE TO THAT.
WHAT THAT DOES IS INVITE CRIME.
YOU KNOW, THOSE ARE, UH, THOSE ARE GREAT HIDING AREAS FOR, FOR CRIMINALS.
UH, I WAS AT THE NEIGHBORHOOD ASSOCIATION MEETING THIS MONDAY, SPOKE WITH THE SAFE OFFICER FOR OUR NEIGHBORHOOD.
AND HE, HE KNOWS OUR NEIGHBORHOOD.
HE KNOWS THAT THERE'S, WE DON'T HAVE ANY PROBLEMS THERE.
I THINK INVITING A 24 HOUR CAR WASH IS GONNA ASK FOR NOTHING BUT PROBLEMS IN THAT AREA.
UM, I DON'T, HE, HE, THERE ARE PLENTY OF USES THAT HE CAN DO UNDER THE CURRENT COATING UN UNDER THE CURRENT CODE.
UM, HIM ASKING FOR PERMISSION TO EITHER DO THE AUTO REPAIR SHOP OR CAR WASH, HE HAS TO HAVE THIS, THIS APPROVAL FROM YOU.
SO WE'RE ASKING, UH, PLEASE, TO NOT GIVE HIM THAT PERMISSION TO MAKE THAT CHANGE TO OUR NEIGHBORHOOD.
UM, WE'VE NEVER HAD ANY ISSUES UNTIL HE'S COME AROUND.
HE'S THREATENING MY PARENTS WITH, UH, CODE COMPLIANCE ISSUES.
AGAIN, SOMETHING THAT'S NEVER BEEN AN ISSUE BEFORE IN THE 40 PLUS YEARS THAT THEY'VE, THEY'VE LIVED THERE.
UM, DON'T KNOW WHY HE NEEDS TO, HE FEELS HE NEEDS TO WORK THAT WAY WITH OUR COMMUNITY.
UH, IN PRIOR CASES THAT HAVE COME YOU, BEFORE THEY, THE DEVELOPERS ARE WORKING WITH THE COMMUNITY.
HE HAS NOT MADE ONE EFFORT TO DO THAT FOR US.
ALL HE'S DOING IS MAKING, YOU KNOW, PUSHING BACK AND JUST TRYING TO GET HIS WAY.
IF YOU SEE THE ARTICLES THAT I'VE PUT THERE BEFORE YOU, UM, HE'S THREATENED THE NEIGHBORHOOD ASSOCIATION IN OUR AREA.
HE'S THREATENED TO SUE PEOPLE.
AND THAT'S JUST KIND OF NOT THE WAY THAT WE WANNA DO BUSINESS WITH PEOPLE IN OUR COMMUNITY.
UM, I CAN TELL YOU FOR A FACT THAT THERE ARE PEOPLE WHO HAVE NOT COME FORWARD, OUR NEIGHBORS, BECAUSE THEY DON'T WANT ANY PROBLEMS. THEY DON'T WANNA GET INVOLVED WITH A PERSON LIKE THIS.
UM, SO AGAIN, WE'RE, WE'RE ASKING THAT YOU CONSIDER THE SCHOOL, THE DAYCARE BECAUSE CRIME AT THESE CAR WASHES, IF I INCLUDED AN ARTICLE THERE, IT CAN HAPPEN AT ANY TIME.
IT CAN HAPPEN OVERNIGHT, WHICH, YOU KNOW, BRINGS SAFETY CONCERNS FOR MY PARENTS AND FOR ALL THE HOMES THERE.
UH, THEY HAPPEN DURING THE DAY, BROAD DAYLIGHT.
AND FOR THE BAYS, AGAIN, SITUATED.
THEY WERE, HOW THEY, HOW HE PRESENTED WOULD HIDE THAT FOR THOSE 30 CRIMINALS.
SO AGAIN, THE SCHOOL GOLIA HAS SEEN DEVELOPMENT.
WE HAVE THAT SCHOOL THAT JUST WENT UP A FEW YEARS AGO.
UM, I THINK THAT DEVELOPMENT WILL COME SLOWLY.
UH, IT'S JUST, UM, NOT APPROPRIATE, I DON'T THINK TO, UH, UPGRADE I GUESS IS KIND OF USE FOR THAT PROPERTY.
AGAIN, WE WELCOME COMMERCIAL DEVELOPMENT.
UH, I'VE LIVED THERE ALL MY LIFE AND, UM, IT'S BEEN, WE'RE SURROUNDED BY IT.
THAT'S THREE MINUTES AND I'M FINE WITH IT.
[01:25:03]
MY NAME IS GLORIA BORREGO.UH, WE'VE BEEN LIVING AT THAT HOUSE FOR 45 YEARS.
AND CAN YOU STATE YOUR ADDRESS ALSO? PARDON? UH, CAN YOU STATE YOUR ADDRESS? 9 41 AVONDALE.
AND, UM, WE HAVE ALWAYS HAD ISSUES WITH, UH, HOMELESS, UH, THAT COME LEAVE BEHIND OUR HOUSE, BEHIND THE FENCE.
AND ABOUT TWO YEARS AGO WE HAD A MAN LIVING THERE AND WE TOLD HIM TO, UH, HE WAS SUPPOSED TO BE THERE.
I SAID, YEAH, THE POLICE LET ME STAY HERE.
AND I TOLD MY HUSBAND, I DON'T THINK THAT'S RIGHT.
SO, UH, HE STAYED THERE AND ONE DAY WHEN HE GOT REAL COLD, HE MADE A FIRE AND HE BURNED THE GARAGE.
THE GARAGE GOT ON FIRE, THE NEIGHBOR'S GARAGE.
AND MY HUSBAND SAY THE GARAGE IS ON FIRE.
AND I THOUGHT IT WAS DARK GARAGE BECAUSE OF THAT MAN LIVING THERE.
HE, UM, LEAD UP, UH, UH, UH, SOMETHING TO KEEP WARM AND HE BURNED THE NEIGHBOR'S GARAGE.
ALL IT'S STANDING THERE IS THE ROOF BECAUSE IT'S METAL AND THE POLES THAT ARE METAL STILL THERE.
BUT THEY HAD BROKEN INTO MY HUSBAND'S GARAGE, STOLE LIKE $4,500 WORTH OF TOOLS AND THEY'VE BEEN STEALING OVER AND OVER.
AND THAT'S, THOSE ARE PEOPLE THAT, THAT ARE HOMELESS THAT ARE JUST LOOKING AROUND, SEE WHAT THEY CAN GET.
UH, A CAR GARAGE WOULD BE A 24 HOUR PROBLEM AND WE DON'T NEED THOSE KIND OF PROBLEMS. WE ALREADY HAVE 'EM.
WE'D BEEN HAVING THEM FOR YEARS AND I DON'T THINK THAT'S A GOOD IDEA ABOUT BUILDING A CAR GARAGE THERE.
THAT'S ALL THE PEOPLE THAT HAVE SIGNED UP FOR ITEM NUMBER 22.
UH, DOES THE APPLICANT HAVE ANY ADDITIONAL COMMENTS? CLARIFYING, I DON'T NEED ANYBODY'S PERMISSION TO BUILD THE AUTOMOTIVE FACILITY BY RIGHT? I HAVE IT.
SO I WOULD LIKE STAFF TO CONFIRM THAT IF THEY WOULD, BUT I DON'T, I'M NOT ASKING YOU TO CHANGE IT SO I CAN DO THE, THE UH, SERVICE FACILITY.
SECONDLY, WE'RE TALKING ABOUT, YOU KNOW, HOMELESS PEOPLE.
IF WE'RE TALKING ABOUT CRIME, YOU CAN RUN CRIMINAL CHECKS ON ALL OUR PROPERTIES.
I HAVE PARTNERS WHO ARE EX POLICEMEN.
OKAY? SO WE DON'T HAVE CRIME PROBLEMS. YOU CAN RUN THE LIST ON ALL OUR PROPERTIES.
SECONDLY, IF WE'RE SO CONCERNED ABOUT ZONING USE, THAT'S ILLEGAL UNDER THE ZONING CODE, THEY'RE USING RESIDENTIAL PROPERTY TO STORE COMMERCIAL VEHICLES.
I MEAN, YOU CAN'T HAVE IT BOTH WAYS.
IT DOESN'T IMPACT ME, BUT IMPACTS HER THAT THIS IS NOT RIGHT.
SECONDLY, THEY ATTACK ME PERSONALLY.
SO IS THERE SOMEONE FROM DISTRICT ONE HERE? NO.
YOU MIGHT WANT TO LOOK UP ON DISTRICT ONE OR ON THE CITY WEBSITE.
THE VIRGINIA MARIE GRANADAS PARK AND THE GRANADAS SENIOR CENTER.
EVERY DISTRICT IN TOWN HAS ASKED ME WOULD I DO ONE OF THOSE IN THEIR FACILITY.
IT'S THE MOST SOUGHT AFTER SENIOR FACILITY IN THE CITY.
IT WAS A GIFT FROM ME TO THE CITY.
IS ANYBODY FROM DISTRICT THREE HERE? OKAY.
WOULD YOU LIKE TO TALK TO MARTY AT THE ARCHDIOCESE AND ASK HER WHY ST.
GERARD'S IS STILL OPEN? JUST 'CAUSE MY FINANCIAL CONTRIBUTIONS TO KEEP IT OPEN.
WE PROVIDE SUBSTANTIAL FINANCIAL RESOURCES TO KEEP IT OPEN.
'CAUSE WE THINK IT'S A BENEFIT TO THE COMMUNITY.
YOU ALSO MIGHT NOTICE A NEW BUILDING AT PORTER NEW BRAUNFELS THAT WAS VACANT FOR 10 YEARS.
IT'S RENOVATED WITH NEW TENANTS.
THAT'S SIMILAR TO WHAT WE WANNA DO ON DO, ON GOLIAD.
IN FACT, THE LAUNDROMAT'S, ONE OF THE TENANTS WE'RE GONNA PUT THERE.
OKAY? SO, YOU KNOW, WHETHER IT'S TOM MINGLER AT, AT UH, ST.
MARY'S WITH ALL THE SCHOLARSHIP PRIDE, TIM PETERSON AND ANTONIO, WITH ALL THE SCHOLARSHIP PRIDE THERE, WHETHER IT'S THE 10 KIDS I PROVIDE FINANCIAL AID TO, TO GO TO COLLEGE, YOU KNOW, I'M PAINTING THE BAD GUY.
I'M THE ONE WRITING THE CHECKS AND, AND CARRYING THE LOAD FOR EVERYBODY TO MAKE PEOPLE'S LIVES BETTER.
OKAY? WE COULD EASILY PUT OUR MONEY ELSEWHERE.
WE PUT IT IN THE PARTS OF TOWN THAT NOBODY ELSE GOES INTO AND WHETHER THEY WANT DEVELOPMENT OR NOT BY RIGHT? I CAN DO THE METAL BUILDING, CAR MAINTENANCE FACILITY.
I'M OFFERING TO SAY I'LL DO SOMETHING BETTER.
I'LL MOVE IT FURTHER AWAY AND IT'LL BE LOWER IN HEIGHT THAN WHAT I CAN DO.
SO, YOU KNOW, WE TRY TO WORK WITH PEOPLE.
WE ORIGINALLY HAD HIGHLANDS NEIGHBORHOOD ASSOCIATION ON BOARD WITH IT.
THEY WERE SUPPORTING IT AND THEN A COUPLE OF THE PEOPLE WENT TO 'EM AND STARTED SAYING,
[01:30:01]
YOU KNOW, WE'RE GONNA NOT LIKE YOU IF YOU SUPPORT IT.OKAY? SO LET'S INVEST IN THESE COMMUNITIES.
YOU KNOW, WE TALK ABOUT WE DON'T WANT STUFF OVER, UH, THE AQUIFER.
WE WANNA REDEVELOP, REINVEST IN THESE PARTS OF TOWN THAT HAVE BEEN FORGOTTEN.
I MEAN, IF ANY OF ANYONE WANNA TELL ME THE DISTRICT I'LL REPRESENT, I CAN POINT YOU TO PROJECTS WE'VE DONE.
OKAY? SO I SAID IT'S FURTHER AWAY.
OKAY? IT'LL BE LOWER IN HEIGHT.
WE WE'RE ASKING, WE'RE COMING TO YOU SAYING WE WANT N EIGHT.
OKAY? WE WANNA BUILD A CARWASH THERE THAT FACILITATES A BUILDING, A RETAIL BUILDING IN A PART OF TOWN THAT HAS NOT SEEN ANYTHING.
OKAY? ANY QUESTIONS? THANK YOU SIR.
AT THIS TIME WE WILL GO TO COMMISSIONER'S QUESTIONS.
WE'LL START ON THE LEFT WITH, UH, COMMISSIONER KITZ.
UM, I DON'T HAVE ANY QUESTIONS, BUT I JUST WANNA THANK THE CITIZENS FOR, UM, TAKING THE TIME TO COME AND SPEAK UP.
I KNOW HOW HARD IT CAN BE, UM, IN THE FACE OF, OF PRESSURE AND I UNDERSTAND YOUR NEIGHBORS, UM, RELUCTANCE TO COME FORTH.
SO THANK YOU FOR BEING WILLING TO COME FORTH AND, AND SPEAK.
I HAVE NO QUESTIONS AT THIS TIME.
SO IS IT MY UNDERSTANDING THAT A SPECIAL USE PERMIT FOR THE CAR WASH WOULD DO THE SAME THING AS THIS, AS WHAT'S BEING DONE WITH THIS PLAN AMENDMENT? CAN YOU REPEAT YOUR QUESTION HERE? LET ME, LET ME CHIME IN.
HE COULD REQUEST A LESSER ZONING DESIGNATION, LIKE A SPECIFIC USE AUTHORIZATION FOR A CAR WASH.
IT'S SIMILAR TO THE REQUEST THAT WAS, UM, THAT WENT THROUGH LAST YEAR, UH, AND WAS DENIED.
SO THAT'S WHY WE HAVE BEFORE US TODAY.
THE, THE PLAN AMENDMENT, I GUESS IS BECAUSE THAT REQUEST WAS DENIED.
WELL, YOU HAVE THE PLAN AMENDMENT BECAUSE HE'S REQUESTING A C THREE ZONING DESIGNATION, WHICH IS NOT CONSISTENT WITH THE CURRENT LAND USE DESIGNATION.
SO IN ORDER TO GET C THREE, UM, HE HAS TO HAVE THE PLAN AMENDMENT IN PLACE.
CAN STAFF PROVIDE JUST A QUICK OVERVIEW ON, ON THE HISTORY TO KIND OF EXPAND ON WHAT YOU JUST TALKED ABOUT ON, ON WHERE WE'VE BEEN ALREADY WITH THIS PROPERTY AND WHAT THE DIFFERENCE IS THAT, UM, THAT WE'RE TECH TRYING TO G F R, UM, OR THE APPLICANT PREVIOUSLY APPLIED FOR A REZONING TO C TWO SS FOR A SPECIFIC USE AUTHORIZATION FOR A CAR WASH.
UM, AND THAT WAS DENIED AT ZONING COMMISSION IN AUGUST TWO, UM, 2018 AS WELL AS CITY COUNCIL IN SEPTEMBER, 2018.
THEY'RE NOW ASKING FOR C THREE NA, HENCE THE PLAN AMENDMENT.
AND THIS, UM, THE APPLICANT AND STAFF HAVE ALREADY TRIED TO TALK ABOUT A SPECIFIC COVENANT TO ALLOW JUST THE CAR WASH OR NO, WE'VE PRESENTED OPTIONS TO THE APPLICANT AND THEY WISH TO PROCEED, UH, FOR THEIR CURRENT REQUEST.
YES, YOU CAN APPROACH, YOU CAN APPROACH CLARIFY THE REASON WE'RE ASKING FOR C THREE.
'CAUSE IF WE GET TO C THREE, WE CAN OPERATE 24 HOURS WHEN WE TRY TO DO C TWO SPECIAL USE, THEY KEPT TRYING TO MAKE US CLOSE AT NIGHT AND WE EXPLAINED TO 'EM AT GREAT LENGTH, WE HAVE A BRAND.
OKAY, IF YOU'RE OPEN 24 HOURS IN 13 LOCATIONS AND YOU HAVE ONE THAT'S NOT OPEN, OKAY, PEOPLE GO THERE AND THEN THEY GET UPSET.
THE OTHER THING IS BY HAVING THE LIGHTS ON, THEY'RE ON ALL NIGHT.
IT TENDS TO KEEP PEOPLE FROM DOING ANYTHING NEFARIOUS.
SO WE, WE WERE WILLING TO USE C TWO C C TWO SPECIAL USE IF WE DIDN'T GET STUCK WITH, UH, TIME CONTROL RIGHT.
SO THE TIME CONTROL IS, IS ESSENTIALLY THE ISSUE AT HAND.
SO AN SS A SPECIFIC USE AUTHORIZATION ALLOWS THE ABILITY, UH, FOR COUNSEL TO ESTABLISH CONDITIONS, FURTHER RESTRICTIONS AS PART OF THE ORDINANCE.
AND ONE OF THOSE CAN BE HOURS OF OPERATION.
A STRAIGHT REQUEST FOR C THREE DOES NOT HAVE THE ABILITY TO ADD CONDITIONS AS PART OF THE ORDINANCE.
AND WE'VE ALREADY TRIED TO HAVE THE CONVERSATION WITH APPLICANT ABOUT JUST APPLYING AN SS FOR HOURS OF OPERATION, WHICH I THINK WILL HELP YOU OPEN YOUR CAR WASH.
IT'S NOT, IT'S NOT ABOUT ASKING AN SS IN ORDER TO KEEP A 24 HOUR.
IT'S THE FACT, IT'S THE FACT THAT A REQUESTING AN MS ALLOWS THE ABILITY FOR COUNSEL TO
[01:35:01]
ADD RESTRICTED CONDITIONS.AND SO THE COUNCIL WOULD STILL HAVE THE ABILITY TO RESTRICT THE HOURS OF OPERATION IF THEY WERE TO APPROVE THE REZONING.
ASKING FOR A STRAIGHT C THREE DOES NOT GIVE THE ABILITY FOR COUNSEL TO ADD CONDITIONS.
SO WERE, WERE THE HOURS THE ORIGINAL ISSUE AT HAND? YES.
SO THE COUNCIL WAS NOT BUDGING ON BEING OPEN PAST 9:00 PM CORRECT.
ANY FURTHER QUESTIONS? I HAVE NO QUESTION, BUT I SUPPORT THE STAFF RECOMMENDATION.
ANY ADDITIONAL COMMISSIONER QUESTIONS OR COMMENTS? UH, JUST, JUST ONE MORE COMMENT.
I'M LOOKING AT THE, THE ARTICLES AND WHATNOT.
AND THE LAST ONE IS ABOUT, UM, CRIME AT CAR WASHES.
I WILL ATTEST TO, UM, THE SWIFT WATER THAT YOU HAVE OVER OFF OF PRESA, AND THIS IS THE EXACT SAME BRAND.
UM, I MEAN, IT IS, IT IS VERY NICE.
UM, I LIVE IN THAT AREA AND I'VE SEEN NO, UM, ISSUES WITH THAT.
I KNOW YOU HAVE ANOTHER CAR WASH ACROSS THE WAY AT CITY BASE WEST, UM, WHICH IS ALSO VERY WELL LIT UP IN BOTH OF THOSE.
ONE IS THE SWIFT WATER, WHICH IS BEING PROPOSED TODAY.
AND THE OTHER ONE IS MORE, IT LOOKS A LITTLE MORE LIKE THE ARTICLE PROVIDED BY, UM, BY ONE OF OUR, OUR CITIZENS.
UM, BUT AS A, A CITIZEN IN THE AREA, I WILL SAY THAT, I MEAN, THEY ARE, THEY, THEY DO LOOK NICE.
THEY, I THINK THE LIGHTS, UM, DO HELP.
UM, IT IS WELL KEPT AND I HAVE, AS A RESIDENT IN THE AREA, I HAVE NOT SEEN ANY ISSUES WITH THEM.
ANY OTHER COMMISSIONER QUESTIONS OR COMMENTS? IF THERE ARE NONE, THEN WE'LL ENTERTAIN A MOTION.
DO WE HAVE A MOTION FROM COMMISSIONER MICHAEL GARCIA IN FAVOR OF STATUS? RECOMMENDATION OF DENIAL? DO WE HAVE A SECOND? SECOND? AND WE HAVE A SECOND FROM COMMISSIONER ROLL.
UH, CAN STAFF DO THE ROLL CALL? COMMISSIONER MICHAEL GARCIA? YES.
CHAIRMAN CHRISTOPHER GARCIA? YES.
[24. 20-1035 PLAN AMENDMENT CASE PA-2019-11600096 (Council District 5): A request by Joseph Lopez, Jr, representative, for approval of a Resolution to amend the Nogalitos / South Zarzamora Community Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Neighborhood Commercial" to "Regional Commercial” on Lot 1 and 2, Block 13, NCB 7050, located at 3401, 3403, 3405, and 3407 Nogalitos Street. Staff recommends Denial. (Associated Zoning Case Z-2019-10700328) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@sanantonio.gov, Development Services)]
NEXT ITEM ON THE AGENDA IS ITEM NUMBER 24.THIS IS, UH, MICHAEL PEPE, PLANNER DEVELOPMENT SERVICES.
THIS IS ITEM NUMBER 24 4, LOCATED AT 3 4 0 1 NATOS IS A REQUEST TO AMEND THE NATOS SOUTH ZARZA MARA COMMUNITY PLAN FROM NEIGHBORHOOD COMMERCIAL TO REGIONAL COMMERCIAL.
25 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.
NONE WERE RETURNED IN FAVOR? NONE IN OPPOSITION.
THE PALM HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
STAFF HAS FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATIONS TO THIS PLAN AMENDMENT REQUEST.
THE PROPOSED USE IS NOT CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND DIS ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA.
THE PROPOSED PLAN AMENDMENT IS NOT CONSISTENT WITH THE DESIGNATION OF THE NATOS CORRIDOR OR THE NATO SOUTH ZARZA COMMUNITY PLAN.
DEFINITION OF REGIONAL COMMERCIAL STAFF RECOMMENDS DENIAL AND THE APPLICANT IS PRESENT.
IS THE APPLICANT, UH, CAN THE APPLICANT PRESENT YOUR CASE TO THE COMMISSION? THANK YOU COMMISSION.
UH, MY NAME IS JOSEPH LOPEZ AND I'M THE AGENT FOR THE, UH, 34 0 1 DASH 34 7 NATOS LAND TRUST.
THE APPLICANT FOR THIS, UH, PROPOSED, UM, CHANGE OF USE.
UM, AS THE, UH, GENTLEMAN FROM DEVELOPMENT SERVICES MENTIONED THERE IS ABSOLUTELY NO OPPOSITION.
THERE'S A LOT OF SUPPORT FOR THIS CHANGE DUE TO THE C THREE ZONING WITH THE R RESTRICTIONS.
SO WE'RE JUST MERELY REQUESTING THAT THE R RESTRICTION BE REMOVED.
EVERYTHING THAT SURROUNDS THIS PROPERTY IS A C THREE R.
UM, IN ORDER FOR US TO BE ABLE TO, UM, BE ABLE TO OPERATE OUR BUSINESS AT A, WITH THE INTENT OF OPERATING WHAT WE INTEND TO PUT, WHICH IS A, UH, A BAR AND GRILL WITH ON-PREMISE CONSUMPTION FOR ALCOHOL, THE, UH, NEIGHBORHOOD DOES NOT HAVE ANYTHING
[01:40:01]
WITHIN THIS CORRIDOR, THIS AREA THAT, UH, ALLOWS ON-PREMISE CONSUMPTION WITH THE EXCEPTION OF MAYBE, UH, A ONE BAR IN THE AREA, BUT NOTHING WITH A FOOD BEVERAGE TYPE OF, UH, CONSUMPTION IN THE AREA.UH, YOU HAVE TO TRAVEL OUTSIDE THIS AREA.
SO THE RESIDENTS AND THE PEOPLE THAT LIVE IN THIS COMMUNITY THAT SUPPORT THIS CHANGE, UH, EMBRACE THIS CHANGE FOR THE BENEFIT THAT THEY ARE THE CONSTITUENTS OF THIS AREA WITH NO OPPOSITION.
SO THAT IS OUR, UH, PETITION THAT NO GOOD CAUSE EXISTS TO DENY THIS.
UM, CITIZENS TO BE HEARD, WE HAVE FOR THIS AGENDA ITEM.
HI, MY NAME'S DALLAS MARTINEZ.
UM, I'M HERE 'CAUSE I STILL OWN THE PROPERTY I GREW UP ON, ON GLADSTONE AND I WANTED TO PEEL BACK THE ONION TO DETERMINE WHAT TYPE OF BARN GRILL IT WAS.
UM, JUST THIS COMMUNITY HAS STRUGGLED.
UGH, YOU KNOW, IT'S, IT'S JUST NOT SERVICING.
AND I'M ALSO A REAL ESTATE BROKER JUST TO KIND OF BRING YOU GUYS UP TO SPEED.
SO THE INTENT OF ME ATTENDING THIS WAS TO DETERMINE WHETHER HE WAS PLANNING ON COMPLETELY, UH, REVAMPING THAT STRIP OR JUST WHAT HIS INTENTIONS ARE WITH REGARDS TO THE BUILDING, WHAT TYPE OF FOOD WE'RE GONNA HAVE.
I KNOW THAT THERE'S A, UH, AN ELEMENTARY SCHOOL NOT TOO FAR FROM THERE.
SO I'VE GOT CONCERNS AS TO WHAT TYPE OF ENVIRONMENT IT'S GOING TO BE BRINGING.
OBVIOUSLY IF IT'S GONNA BE A BENEFIT TO THE COMMUNITY, I'M COMPLETELY IN, IN FAVOR OF IT.
BUT KNOWING THE NEIGHBORHOOD AND KNOWING HOW HARD IT HAS STRUGGLED TO RISE TO THE LEVEL OF THE DEVELOPMENT THAT'S GOING ON THROUGHOUT THE CITY AND IT NOT TOUCHING THAT NEIGHBORHOOD, THAT'S WHAT, THAT'S THE PURPOSE OF BRINGING ME HERE, IS TO DETERMINE WHAT TYPE OF RESTAURANT ARE WE TALKING ABOUT.
UH, IS IT GONNA BE BENEFICIAL OR IS IT JUST GONNA BE INVITING MORE CRIME? 'CAUSE WE HAVE ENOUGH OF THAT OUT THERE
AND THE OTHER PERSON'S, UH, TWO MORE PEOPLE.
NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.
I LIVE AT 1407 GLADSTONE, WHICH IS PRETTY MUCH RIGHT IN BACK OF THIS, UH, BUSINESS THAT WANTS TO SELL ALCOHOL.
THERE IS NOT ENOUGH PARKING FOR THE EXISTING BUSINESSES ON THE AREA THAT THIS PLACE IS GOING TO EXIST.
THERE WILL PROBABLY BE CARS LEFT OVERNIGHT IN THE STREET IN FRONT OF MY HOUSE.
IN FACT, IN ALL THE NEIGHBORHOOD, BECAUSE THERE IS NO PARKING AVAILABLE, THERE IS AN ELEMENTARY SCHOOL TWO BLOCKS AWAY FROM THERE.
THE CHILDREN WALK TO SCHOOL AND BACK FROM SCHOOL WITH THEIR PARENTS AND WITHOUT THE CONCERN OF TRAFFIC DRIVING IN AND OUT AFTER ALCOHOL CONSUMPTION IS, UM, A GRAVE INTEREST TO THE COMMUNITY.
UM, THERE'LL BE TRASH, THERE'LL BE LAUTERING, THERE'LL BE PEOPLE STANDING AROUND TALKING, SMOKING CIGARETTES AND WHO KNOWS WHAT ELSE WILL GO ON IN FRONT OF OUR HOUSES BECAUSE IT'S JUST RIGHT AROUND THE CORNER FROM IT.
I DO NOT THINK THIS IS A GOOD IDEA.
I CANNOT THINK IT WILL EXIST IN A HEALTHY ATMOSPHERE FOR OUR NEIGHBORHOOD, WHICH, AS HAS BEEN STATED, WE'VE STRUGGLED TO KEEP OURSELVES AFLOAT AND TO KEEP GOOD REPUTATION IN THE PALM HEIGHTS COMMUNITY.
AND THAT'S WHAT WE'RE FIGHTING FOR.
THAT'S IT FOR EVERYONE WHO HAS SIGNED UP TO SPEAK ON ITEM NUMBER 24.
DOES THE APPLICANT HAVE ANY ADDITIONAL COMMENTS? I'D LIKE TO ADDRESS THE ISSUES THAT THE TWO LADIES, UH, WERE WONDERING ABOUT.
UM, AS FAR AS THE TYPE OF RESTAURANT, IT'S A, IT'S GONNA BE A, UH, UH, VERY SIMILAR TO THE BOBBY G'S.
I'M NOT SURE IF YOU'RE FAMILIAR WITH WHAT BOBBY G'S WAS.
IT WAS A BARBECUE PLACE THAT WAS DOWN ON NATOS
[01:45:02]
SOMETIME.BARBECUE, MIXED FOOD AND STUFF TO EMBRACE AND IMPROVE THE NEIGHBORHOOD.
WE HAVE OUR, UH, PLANNING ON PUMPING A LOT OF MONEY INTO THE CENTER AND IMPROVING IT TO EMBRACE THE COMMUNITY.
SO A MATTER OF FACT, THE PALM HEIGHTS, UH, NEIGHBORHOOD ASSOCIATION GAVE US, UH, A UNANIMOUS SUPPORT TO MOVE FORWARD WITH THIS PROJECT.
SO I'M A LITTLE, LITTLE BAFFLED THAT THE PEOPLE THAT HAVE SHOWN UP TODAY, I WOULD, I DIDN'T ANTICIPATE THAT, BUT WE CERTAINLY WANNA BE TRANSPARENT IN WHAT WE REPRESENT.
UH, WE DEPEND ON THE NEIGHBORS.
WE DEPEND ON THE COMMUNITY TO SUPPORT US.
WITHOUT COMMUNITY SUPPORT, WE, WE CAN'T, UH, OPEN OUR DOORS, EMPLOY PEOPLE OR, OR PAY TAXES.
UM, AS FAR AS WHAT THIS LADY IS INSINUATING, PEOPLE SMOKING CIGARETTES AND PARKING, YOU KNOW, YOU'VE GOT EXISTING BUSINESSES, THOSE THINGS ALREADY EXIST.
I MEAN, YOU CAN HAVE A BELIEF THAT THINGS MAY HAPPEN.
YOU MIGHT DIE TOMORROW, YOU MIGHT LIVE TOMORROW.
YOU HAVE TO SORT OF JUST PROCEED.
THAT'S REALLY A, A, A, AN A BELIEF OF THINGS THAT YOU'RE INSINUATING THAT HAVE YET TO HAPPEN.
SO ANYHOW, THAT'S, UH, MY RES REBUTTAL TO, UM, THE COMMENTS.
NEXT WE'LL GO ON TO COMMISSIONER'S QUESTIONS.
WE'LL START ON THE RIGHT WITH COMMISSIONER MICHAEL GARCIA.
IS THIS ALL THE PARKING YOU'RE GOING TO HAVE? JUST, YOU KNOW, UH, NO.
REAR PARKING AREA, PARKING ALL THE WAY.
WE HAVE PARKING ALL THE WAY AROUND THE BUILDING, THE FRONT, THE SIDE AND THE REAR OF THE BUILDING.
A TOTAL OF ABOUT THOUSAND 25 TO 30 UNITS ONCOMING TRAFFIC.
AND THEN, UH, EXITING THE FACILITY.
UM, NONE OF THE OTHER EXISTING BUSINESSES WE'RE ONLY PLANNING ON BEING OPEN FOR LUNCH AND DINNER.
SO, UM, AND ON THE WEEKENDS, MOST OF THE BUSINESSES ARE ALL OPEN DURING THE, THE MORNING AND THE AFTERNOONS.
SO WE WOULD BE, WE DON'T THINK PARKING WOULD BE, WOULD HAVE MUCH OF AN IMPACT.
'CAUSE WE DO HAVE PLENTY OF PARKING, UH, AROUND AND THE SIDE ACROSS, ACTUALLY THERE'S A LA FIESTA GROCERY STORE ACROSS THE STREET.
IF WE HAVE SER IF THERE'S A NECESS, UH, NECESSITY FOR MORE PARKING, BUT WE HAVE PARKING IN THE BACK OF THE BUILDING.
BUT A STATEMENT, UM, ESSENTIALLY, YOU KNOW, TO USE ASIDE PROPOSED USE ASIDE AND WHATEVER'S GONNA HAPPEN THERE, ASIDE TO ME LOOKING AT THE SURROUNDING AREA AND WHAT IS, WHAT THE, UH, UH, LAND USE AMENDMENT IS TO PROPOSE REGIONAL COMMERCIAL, UM, THAT SITE DOES NOT MEET ANY OF THE DEFINITIONS OF REGIONAL COMMERCIAL THAT I'VE EVER SEEN.
UM, SO THAT ALONE, SINCE THAT'S WHAT OUR PURVIEW IS HERE, UH, OUR PURVIEW ISN'T, YOU KNOW, WHAT THE USE IS OR WHO'S GONNA BE SMOKING CIGARETTES.
OUR PURVIEW IS, IS IT A REGIONAL COMMERCIAL SITE? AND THE ANSWER TO THAT QUESTION IS NO, IN MY OPINION.
SO I WILL BE IN SUPPORT OF STAFF'S DENIAL.
BUT MY QUESTION IS FOR STAFF, IF THEY CAN JUST CLARIFY, UNDER THE EXISTING NEIGHBORHOOD COMMERCIAL, COULD THE APPLICANT, UM, DO WHAT HE'S PROPOSING TO DO WITH THE RESTAURANT AND SERVE ALCOHOL? UM, CAN YOU REMIND US OF THAT PLEASE? YEAH.
SO AS A C THREE, THEY COULD OPERATE A RESTAURANT, BUT THEY CAN'T SERVE OR SELL ALCOHOL TO CONSUME ON PREMISE WITH THAT C THREE R.
THAT'S REALLY THE ONLY, UM, DIFFERENCE THAT, THAT R WILL MAKE FOR YOU.
SO, AND, UM, HE, SO THE OTHER OPTION IS WITH THE NEIGHBORHOOD COMMERCIAL, THE CURRENT LAND USE DESIGNATION OF NEIGHBORHOOD COMMERCIAL, HE COULD REQUEST A C ONE, UH, WITH A CONDITIONAL USE FOR RESTAURANT OR IF IT IS A BAR TAVERN, A BAR TAVERN.
AND, AND THAT WOULD NOT REQUIRE A PLAN AMENDMENT.
SO WE COULD GO WITH STAFF DENIAL, BUT WE'RE NOT ACTUALLY, UM, THERE'S, THERE'S ADDITIONAL OPTIONS FOR HIM FOR ZONING, RIGHT? THERE IS OPTIONS FOR ZONING.
UM, AND PLANNING COMMISSION IS JUST A RECOMMENDATION TO CITY COUNCIL.
AND CITY COUNCIL IS THE, UH, THE ULTIMATE DECISION.
I WOULD JUST AGREE WITH COMMISSIONER PECK THAT I THINK THE, THE LAND USE CHANGE FOR THIS IS, IS HUGE OVERKILL ON WHAT, WHAT THE, THE AREA CALLS FOR.
SO I THINK IT NEEDS TO STAY NEIGHBORHOOD COMMERCIAL.
I AGREE WITH THE STAFF RECOMMENDATION.
UM, THERE, IF THERE'S ANY ADDITIONAL QUESTIONS OR COMMENTS, IF NOT, WE'LL IN A MOTION I MOVE THE STAFF RECOMMENDATION.
WE HAVE A MOTION FROM COMMISSIONER UCH AND A SECOND ROOM.
COMMISSIONER CARILLO, IF STAFF CAN DO THE ROLL CALL.
[01:50:01]
KOSTIC? YES.COMMISSIONER ROYAL LAG GREENY? YES.
[25. 20-1036 PLAN AMENDMENT CASE PA-2019-11600102 (Council District 2): A request by O'Raye Adkins, Applicant, for approval of a Resolution to amend the Eastern Triangle Community Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Community Commercial" to "High Density Residential" on Lot 8, Block 6, NCB 12633, located in the 4000 block of Interstate 10 East. Staff recommends Approval. (Associated Zoning Case Z-2019-10700317) (Michael Pepe, Planner, (210) 207-8208, Michael.Pepe@sanantonio.gov, Development Services)]
A NEXT ITEM ON THE AGENDA IS ITEM NUMBER 25.MICHAEL PEPE, PLANNER DEVELOPMENT SERVICES.
UM, IT IS LOCATED AT THE 4,000 BLOCK OF I 10 EAST.
IT'S A REQUEST TO CHA AMEND THE EASTERN TRIANGLE COMMUNITY PLAN FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL.
11 NOTICES WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET.
ONE WAS RETURNED IN FAVOR, NONE IN OPPOSITION.
THERE IS NO NEIGHBORHOOD ASSOCIATION.
STAFF HAS NOT FOUND EVIDENCE OF LIKELY ADVERSE IMPACTS ON NEIGHBORING LANDS IN RELATION TO THIS PLAN AMENDMENT REQUEST.
THE PROPOSED USE IS ES IS ESTABLISHED, IS, EXCUSE ME, IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION AND ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT AND THE APPLICANT, UH, PLEASE COME AND ADDRESS THE COMMISSION.
AFTERNOON COMMISSIONERS, I'M PRESIDENT OF ROSEVILLE TRUST, WHICH IS THE AREA THAT'S BEING UNDER CONSIDERATION PRESENTLY RIGHT ACROSS FROM THE, UM, PROPOSED, UH, PROPERTY THAT IS BEFORE YOU.
WE OWN 88 UNITS OF LOW INCOME APARTMENTS FOR SENIORS.
SO THE PROPOSAL HERE IS TO EXPAND THAT BY ADDING ADDITIONAL UNITS, UH, FOR AFFORDABLE HOUSING FOR SENIORS.
THIS, OF COURSE, IS IN KEEPING WITH THE MAYOR'S PLAN AND THE EMPHASIS ON SAN ANTONIO.
SO WE HAVE BEEN VERY SUCCESSFUL WITH THOSE 88 UNITS AND WE PLAN TO CONTINUE WITH THE PROPOSED, UH, EXPANSION THAT WE'RE UNDERTAKING NOW.
UH, AND WE HAVE JUANITA CALDWELL SIGN UP TO SPEAK? NO.
UH, IF THAT'S THE CASE, THEN WE'LL GO ON TO COMMISSIONER'S QUESTIONS AND WE'LL START AT THE RIGHT WITH MICHAEL GARCIA.
NO QUESTIONS, NO QUESTIONS, QUESTIONS.
IF THERE ARE NO QUESTIONS OR COMMENTS, THEN WE'LL HAVE A MOTION.
SECOND, HAVE A MOTION FOR COMMISSIONER PECK FOR APPROVAL.
AND A SECOND FROM COMMISSIONER MICHAEL GARCIA.
CAN STAFF TO THE ROLL CALL? COMMISSIONER PECK? YES.
COMMISSIONER ROYAL GREENY? YES.
CHAIRMAN CHRISTOPHER GARCIA? YES.
[26. 20-1015 Consideration and Action on the Minutes from December 11, 2019.]
WE HAVE APPROVAL OF THE MINUTES.ARE ANY CHANGES, CORRECTIONS, ANYTHING OF THAT NATURE? IF NOT, CAN WE HAVE A MOTION TO APPROVE THE MINUTES? I MOVED.
WHO MADE THE MOTION? WHO MOVED A SECOND? COMMISSIONER.
UM, ALL THOSE IN FAVOR SAY AYE.
UH, DO WE HAVE ANY OTHER DIRECTOR OR REPORT OR STAFF COMMENTS OR ANYTHING OF THAT NATURE OR COMMISSIONER COMMENTS OR ANYTHING? HAPPY NEW YEAR.
IT IS 3 54 AND WE ARE ADJOURNED.