[00:00:03]
OKAY, EVERYBODY, IT IS TWO O'CLOCK.
PLANNING COMMISSION MEETING TO ORDER.
WOULD STAFF PLEASE DO A ROLL CALL? COMMISSIONER SANCHEZ.
CAN YOU THE SPANISH ENGLISH INTERPRETER PLEASE.
[Plats ]
ALRIGHT.TODAY WE'RE GONNA HAVE TWO AGENDAS.
WE'RE GONNA HAVE THE, UH, COMBINED HEARING AGENDA CASES ON THE COMBINED HEARING AGENDA CASES WHERE STAFF RECOMMENDS APPROVAL.
UH, P PLAN COMMISSION DOESN'T REQUIRE FURTHER DETAILED DISCUSSION AND NOBODY IN THE AUDIENCE HAS SIGNED UP TO SPEAK ON THE ITEM.
ALL THOSE CASES WILL BE READ INTO THE RECORD IN ONE UNIFORM MOTION.
ANYTHING NOT ON THE COMBINED HEARING AGENDA WILL BE ON THE INDIVIDUAL HEARING AGENDA.
THOSE CASES WILL BE HEARD SEPARATELY BEFORE THE COMMISSION TAKES ANY ACTION.
SO WHAT I HAVE RIGHT NOW IS I HAVE I EVERYTHING EXCEPT FOR ITEMS 10, 12, 14, AND 17.
THOSE WILL BE ON, UH, INDIVIDUAL HEARING AGENDA.
AND ITEMS 11, 13, AND 15 HAVE BEEN WITHDRAWN.
AT THIS TIME WE WILL, UH, ENTERTAIN A MOTION ON THE CONSENT AGENDA.
MOTION BY COMMISSIONER PROFIT.
SECOND BY COMMISSIONER WALLER.
MR. THANK YOU, SIR FOR THAT REMINDER.
UH, ITEM NUMBER 10, LANDSCAPE VARIANCE.
BILL MILLER BARBECUE, PROJECT NUMBER 3 9 8 0 0 2 7 2 LOCATED AT 41 0 2 NORTH LOOP FOUR, UH, 1604 EAST UNIFIED DEVELOPMENT CODE SECTION 35 5 11 C SIX B.
IRRIGATION STATES THAT AN IRRIGATION SYSTEM WILL BE REQUIRED ON PROJECTS WHEN ANY ONE OF THE FOLLOWING OR USED TO MEET THE REQUIREMENTS OF THIS CHAPTER.
AN AREA GREATER THAN 2000 SQUARE FEET OF NEW LANDSCAPE, MORE THAN 10 TREES WILL BE INSTALLED.
PROJECTS WHICH EXCEED 4,300 SQUARE FEET OF IMPERVIOUS SURFACE.
GENERAL INFORMATION OWNER, APPLICANT BILL MILLER BARBECUE, APPLICANT CONSULTANT COOPER LATKE, LANDSCAPE ARCHITECTURE HARDSHIP DUE TO WATER CONSERVATION AND EXPANSIVE SOILS.
THE OWNER IS UNABLE TO INSTALL THE REQUIRED LANDSCAPE.
IRRIGATION SYSTEM, DSD STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST TO WAIVE THE LANDSCAPING IRRIGATION REQUIREMENTS.
AN IRRIGATION SYSTEM IS REQUIRED TO SUSTAIN LANDSCAPE PLANTINGS.
THE PROPOSED VARIANCE FAILS TO MEET THE INTENT AND SPIRIT OF THE ORDINANCE.
STAFF IS UNABLE TO IDENTIFY A UNIQUE HARDSHIP RELATED TO THIS PROJECT.
IS THE APPLICANT PRESENT? DO THEY WISH TO ADDRESS THE COMMISSION? NAME AND ADDRESS FOR THE RECORD, PLEASE? DANIEL LING, UH, 53 30 STATE HIGHWAY 1 51 7 8 2 2 7 SAN ANTONIO.
UM, WE SPOKE ABOUT THIS LAST, SO I DIDN'T KNOW WHERE YOU GUYS WERE AT AT THIS POINT, BUT I WAS ACTUALLY AT THE SITE SO I DIDN'T HAVE TIME TO BRING THIS.
BUT, UM, TODAY WE DID RECEIVE A LETTER FROM SAS AND I WAS JUST GONNA READ IT TO YOU GUYS.
IT'S FROM THE CONSERVATION DEPARTMENT, NATHAN RIGGS.
AND IT'S ADDRESSED TO CAROL, MY COUNTERPART, WHO WAS HERE LAST WEEK.
ANY SAS CUSTOMER WITH AN ACTIVE WATER ACCOUNT IS ELIGIBLE FOR REBATE
[00:05:01]
OFFERS ON THEIR IRRIGATION SYSTEM.IF YOU WERE REQUIRED BY AN ORDINANCE OR CODE TO INSTALL AN IRRIGATION SYSTEM AT YOUR SITE, YOU WOULD IMMEDIATELY BE ELIGIBLE FOR A REBATE FROM SAWS TO PERMANENTLY REMOVE IT.
IN FACT, SAWS JUST COMPLETED SEVERAL IRRIGATION RETIREMENT REBATES WITH YOUR COMPANY.
REMOVING THE IRRIGATION SYSTEM SAVES MORE WATER, SAVES MORE THAN WATER, REMOVING THE BACKFLOW ASSEMBLY AS PART OF THE REBATE SAVES ON ANNUAL TESTING COSTS AND EXPENSIVE REPAIR OF REPLACEMENTS.
WHILE WE ARE HAPPY TO REBATE THE REMOVAL OF BRAND NEW IRRIGATION SYSTEM, IT IS MUCH MORE COST EFFECTIVE TO AVOID INSTALLING THE IRRIGATION SYSTEM AT ALL.
SAW SUPPORTS THE INSTALLATION OF NATIVE RESILIENT LANDSCAPES THAT CAN BE HAND WATERED ON A RESPONSIBLE MAINTENANCE CONTRACT.
AND IT JUST GOES ON TO SAY THAT THESE REBATES RATE FROM RANGE FROM 2150 TO 36 50.
SO THIS IS KIND OF WHERE WE ARE.
WE HAVEN'T INSTALLED THE SYSTEM YET.
WE'RE PROBABLY GONNA OPEN AT THE END OF SEPTEMBER.
AND, UH, FROM THIS LETTER, IF WE DO INSTALL IT, WE'RE GONNA GET A REBATE TO TURN IT OFF ANYWAY.
SO THE QUESTION IS WHY DO WE NEED TO INSTALL IT AT ALL? UM, FURTHERMORE, WE TALK ABOUT THE COST OF THE INSTALLATION OF THE LANDSCAPING.
TWO, A BENEFIT TO US TO MAKE SURE WE MAINTAIN IT.
ONE, BECAUSE YOU'LL COME AND SAY YOU DIDN'T MAINTAIN YOUR LANDSCAPING, YOU GOTTA REPLACE IT.
AND TWO, WE'LL HAVE TO PAY THE COST TO REPLACE WHATEVER WE DON'T MAINTAIN.
SO THAT'S JUST WHAT WHERE WE'RE AT RIGHT NOW.
NOBODY HAS SIGNED UP TO SPEAK ON THIS ITEM.
SO WE'LL MOVE TO COMMISSIONER QUESTIONS.
NOTHING WITH COMMISSIONER LOPEZ.
COMMISSIONER ORIAN? UH, NOTHING AT THIS TIME.
UM, DO, DOES BILL MILLER HAVE A MAINTENANCE AGREEMENT WITH THE CITY? WE HAVE NOT.
WOULD YOU BE WILLING TO SUBMIT A MAINTENANCE AGREEMENT WITH THE CITY? CAN YOU PLEASE, UH, SAY THEN IT'S THE MICROPHONE? WE WOULD BE WILLING, YES.
AND STAFF WOULD BE WATERING THE PLANTS.
JUST TO CONFIRM, YOU SAID YOU WILL BE WILLING TO ENTER A MAINTENANCE AGREEMENT WITH THE CITY AND THAT STAFF WILL BE WATERING THE PLANTS? YES, MA'AM.
DID THAT LETTER FROM SA SAYS IF THERE IS AN ORDINANCE, THEN YOU, THAT'S WHAT TRIGGERS BEING ELIGIBLE FOR THE REBATE PROGRAM.
DID I, DID I MISS? MAYBE I DIDN'T HEAR THAT.
IF YOU HAD TO INSTALL IT DUE TO AN ORDINANCE.
UM, ANY FURTHER DISCUSSION BY THE COMMISSION AT THIS STAGE? WELL, IF NOT, WE'LL ENTERTAIN A MOTION.
I MOVE TO DENY THE APPLICANT'S REQUEST FOR AN APPEAL OR FOR VARIANCE.
SECOND, WE HAVE A MOTION FOR DENIAL BY COMMISSIONER SIEGEL.
AND THE SECOND WAS COMMISSIONER COOPER.
UH, STAFF, PLEASE DO A ROLL CALL.
MOTION TO ACCEPT THE APPLICANT'S REQUEST.
WE HAVE A MOTION TO ACCEPT THE APPLICANT'S REQUEST FOR THE VARIANCE BY COMMISSIONER ZUKI AND A SECOND BY COMMISSIONER MILLER.
STAFF, PLEASE DO A ROLL CALL VOTE.
UH, PRESENTING, LET'S SEE, 10 12.
UH, ITEM 12, LANDSCAPE VARIANCE ENDING IN 0 4 1 9.
[00:10:01]
OVERVIEW, SMALL SLIDERS.PROJECT NUMBER ENDING IN 0 6 4 8.
LOCATION 87 43 STATE HIGHWAY 1 51 UNIFIED DEVELOPMENT CODE SECTION 35 11 C SIX B.
IRRIGATION STATES THAT AN IRRIGATION SYSTEM WILL BE REQUIRED ON ALL PROJECTS WHEN ANY ONE OF THE FOLLOWING ARE USED TO MEET THE REQUIREMENTS OF THIS CHAPTER.
AN AREA GREATER THAN 2000 SQUARE FEET OF NEW LANDSCAPE, MORE THAN 10 TREES WILL BE INSTALLED PROJECT, WHICH EXCEED UH, 4,300 SQUARE FEET OF IMPERVIOUS SURFACE.
APPLICANT IS HGR 1 51 LLC, APPLICANT BY BROWN AND MCDONALD HARDSHIP.
DUE TO EXISTING SOIL CONDITIONS, WATERING RESTRICTIONS, WATER CONSERVATION, AND FINANCIAL HARDSHIP, THE OWNER IS UNABLE TO INSTALL THE REQUIRED LANDSCAPE IRRIGATION SYSTEM.
STAFF RECOMMENDATION DSD STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST TO RE TO WAIVE THE LANDSCAPING IRRIGATION REQUIREMENTS.
AN IRRIGATION SYSTEM IS REQUIRED TO SUSTAIN LANDSCAPE PLANTINGS.
THE PROPOSED VARIANCE FAILS TO MEET THE INTENT AND SPIRIT OF THE ORDINANCE.
STAFF IS UNABLE TO IDENTIFY A UNIQUE HARDSHIP RELATED TO THIS PROJECT.
THE APPLICANT LIKE TO APPROACH THE COMMISSION, UH, KEN BROWN, ONE 10 NORTHEAST LOOP FOUR 10, SUITE 1385.
UH, WE RECEIVE THE SAME LETTER AS THE BILL MILLER.
UH, WE DO HAVE, UH, A, A WATERING SCHEDULE, UH, THAT WE HAVE A PERSON RESPONSIBLE AT EACH LOCATION.
UH, WE HAVE SUBMITTED A, UH, MAINTENANCE AGREEMENT FOR THIS SITE.
UH, IT IS IN THE PORTAL AND WE ARE PREPARED TO SIGN IT.
WE HAVE 23 SITES THAT, UH, WE WENT THROUGH THE SAWS PROGRAM THAT HAD ALREADY BEEN BUILT, AND WE'VE TAKEN OUT THE IRRIGATION SYSTEMS AND PUT IN, UH, DROUGHT, DROUGHT TOLERANT, ESTABLISH THOSE AND HAVE WATERED THEM, HAND WATERED THEM.
UH, WE HAD TWO LAST YEAR THAT THE VARIANCES WERE APPROVED.
UH, ADMINISTRATIVELY WE DID THE SAME THING WITH, WITH A, UH, MANAGEMENT AGREEMENT.
UH, AND NOW WE HAD THREE THIS TIME, TWO ARE IN THE ETJ.
AND SO THOSE WERE OBVIOUSLY REMOVED.
WE SPEND ABOUT 45 TO $50,000 ON EACH SITE FOR LANDSCAPING TO COMPLY WITH THE ORDINANCE.
AND WE TAKE IT VERY SERIOUSLY.
UH, I MEAN, WE DON'T WANT TO REPLACE IT, AND THAT'S WHY WE, WE DO THE HAND WATERING AS PRESCRIBED IN THE, THE, UH, THE AGREEMENT.
AND, UH, WE THINK IT WORKS AND I THINK WE'RE SAVING WATER AND WE'RE, UM, CONSISTENT WITH WHAT SAWS IS ASKING US TO DO.
SO I WOULD RESPECTFULLY REQUEST YOUR SUPPORT AND IF YOU HAVE ANY QUESTIONS, I WOULD BE MORE THAN HAPPY TO ANSWER 'EM.
KEN, YOU SAID YOU HAD A, UH, MAINTENANCE AGREEMENT IN THE PORTAL ALREADY.
WAS THAT THE PORTAL WITH SAS OR D-S-D-D-S-D? YES.
NOBODY SIGNED UP TO SPEAK, SO WE'LL MOVE TO COMMISSIONER QUESTIONS.
WE'LL START ON THE RIGHT THIS TIME WITH COMMISSIONER ZUKI.
UH, WHAT WERE THE HARDSHIPS THAT WERE CITED BY THIS APPLICANT? AGAIN, UM, VERY SIMILAR TO THE PREVIOUS.
UM, THE, THE, UM, THE VARIANCES THAT WERE, UM, GRANTED ADMINISTRATIVELY SPOKE TO EXPANSIVE SOILS.
UM, STAFF SAID THAT THEY DIDN'T FEEL LIKE THAT WAS UNIQUE ENOUGH TO EACH INDIVIDUAL SITE.
UH, UH, OURS IS ECONOMIC HARDSHIP, EXPANSIVE SOILS, AND I CAN'T REMEMBER THE THIRD ONE, BUT, UH, OURS ARE THE SAME AS THE PREVIOUS.
THAT HAVING EXPANSIVE SOIL IS NOT SITE SPECIFIC.
IT'S NO, IT'S NOT GEOGRAPHICAL CONDITION.
UM, I I AGREED WITH THEM AND THAT'S WHEN THEY SAID, IF YOU GO TO THE PLANNING COMMISSION, WHICH WE STARTED THIS ALL, SORRY, UH,
SO THE CONSTRUCTION PROJECT LANDSCAPING WILL COST $50,000 AND THE IRRIGATION WILL COST AN ADDITIONAL $50,000.
IS THAT WHAT YOU'RE SAYING WITH INSTALLATION UPKEEP MAINTENANCE? YES.
WELL, YOUR MAINTENANCE IS GONNA HAVE TO BE DONE ANYWAY.
WITHIN WATERING, YOU'RE GONNA HAVE TO PAY SOMEBODY TO DO IT, NOT TO THE IRRIGATION SYSTEM.
[00:15:01]
RIGHT.JUST HAD A, UM, RECOMMENDATION.
UH, JUST FOR THE OWNER, IF, IF WATER IS THE, IS IS WATER IS WA IF WATER IS THE ACTUAL INTEREST, UM, IS THERE ANY WAY THAT BERMUDA CAN BE REMOVED FROM THIS, FROM THE PLAN, SINCE IT'S NOT REGULATED BY THE CITY? I, I DON'T BELIEVE WE HAVE BERMUDA IN OUR PLANS, BUT IF WE DO, YEAH, WE WILL REMOVE THEM.
AND GROUND COVER WOULD JUST BE A COMPETITION FOR THE OTHER, FOR THE TREES AND THE SHRUBS.
BUT JUST THE RECOMMENDATION DOESN'T, YOU KNOW, IT'S JUST IF YOU'RE, AND THE SECOND IS, UM, WHO, WHO EXACTLY WILL BE MAINTAINING THE, WHO WILL BE WATERING THE TREES? WHO WILL BE WATERING THE SHRUBS? WHAT DOES THAT LOOK LIKE? IS THAT A SEPARATE CONTRACTOR OR IS THAT GONNA BE IN-HOUSE STAFF? NO, IT'S, IT'S, IT'S OUR IN-HOUSE STAFF.
AND WHAT ARE THE OTHER, WHAT, WHAT ARE THE LAST TWO SITES THAT WERE APPROVED? WAS IT ANOTHER, WAS IT THE SAME BUSINESS? THE, THE, THE SLIDES? I'M NOT FAMILIAR WITH IT.
IT WAS A, I THINK THEY WERE BOTH IHOPS.
THE MOST RECENT WAS A SMALL SLIDE.
THAT'S WHAT I WAS HOPING TO JUST SEE SOME.
THERE'S NO MORE, UH, I HAVE ONE MORE QUESTION.
SO THIS VARIANCE WAS APPROVED IN 2023, BUT WHEN WAS THIS PICTURE TAKEN? LAST WEEK.
OUR OFFICE, YOU CAN SEE OUR OFFICE BUILDING RIGHT THERE.
ANY OTHER COMMISSIONER QUESTIONS? IF NOT, WE'LL ENTERTAIN A MOTION MOVE TO APPROVE THE APPLICANT'S REQUEST FOR VARIANCE.
WE HAVE A MOTION FOR APPROVAL BY COMMISSIONER ORIAN.
SECOND BY COMMISSIONER SANCHEZ.
UH, STAFF, PLEASE DO A ROLL CALL.
ITEM NUMBER 14, LANDSCAPE VARIANCE ENDING IN IN 0 3 7 6.
OVERVIEW, ASCO EQUIPMENT PAVILION IMPROVEMENTS.
PROJECT NUMBER ENDING IN 0 9 3 2.
LOCATION 1920 SOUTHEAST LOOP FOUR 10 UNIFIED DEVELOPMENT CODE SECTION 35 5 11 C SIX B.
IRRIGATION STATES THAT AN IRRIGATION SYSTEM WILL BE REQUIRED ON PROJECTS WHEN ANY ONE OF THE FOLLOWING ARE USED TO MEET THE REQUIREMENTS OF THIS CHAPTER.
AN AREA GREATER THAN 2000 SQUARE FEET OF NEW LANDSCAPE, MORE THAN 10 TREES WILL BE INSTALLED.
PROJECTS WHICH EXCEED 4,300 SQUARE FEET OF IMPERVIOUS SURFACE.
OWNER, UH, I 40 PARTNER GROUP PARTNERSHIP APPLICANT MP STUDIO HARDSHIP DUE TO LOCATION OF PROPOSED IMPROVEMENTS, LOCATION OF EXISTING IRRIGATION AND PROPOSED SITE USAGE.
THE OWNER IS UNABLE TO INSTALL THE REQUIRED LANDSCAPE IRRIGATION SYSTEM.
STAFF RECOMMENDATION STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST TO WAIVE THE LANDSCAPING IRRIGATION REQUIREMENTS AND IRRIGATION SYSTEM IS REQUIRED TO SUSTAIN LANDSCAPE PLANTINGS.
THE PROPOSED VARIANCE FAILS TO MEET THE INTENT AND SPIRIT OF THE ORDINANCE.
STAFF IS UNABLE TO IDENTIFY A UNIQUE HARDSHIP RELATED TO THIS PROJECT.
UM, IS THE APPLICANT, UH, PRESENT? WOULD I LIKE TO ADDRESS THE COMMISSION? OKAY.
I REPRESENT A SCO, UH, LOCATED AT 1920 SOUTHEAST LOOP PORT 10.
UM, AND I'M HERE TODAY, UH, TO REPRESENT THE INTENT TO, UM, UH, TO APPROVE A VARIANCE FOR THE LANDSCAPING, OR SORRY FOR THE IRRIGATION FOR THIS PROPERTY.
ONE BEING, UH, ECONOMIC HARDSHIP.
UH, THE, THE LOCATION IN WHICH WE ARE BUILDING THIS PROJECT IS ABOUT 750
[00:20:01]
FEET BEHIND THE EXISTING, UH, STREET FRONTAGE BUILDING WHERE, UM, WHERE WE HAVE ACCESS TO, UH, IRRIGATION WATER.AND SO THAT IS WHAT'S POSING THE, THE ECONOMIC HARDSHIP FOR THE IRRIGATION SYSTEM ITSELF.
UH, AND THEN SECONDLY, UH, THE USE OF THIS, UH, FACILITY THAT IS BEHIND THE, THE STOREFRONT ON THE, THE FRONT OF THE PROPERTY IS FOR, UM, FOR LARGE KIND OF MACHINERY AND CONSTRUCTION EQUIPMENT DEMONSTRATION.
UM, AND BECAUSE OF THAT, UH, AND KIND OF THE NATURE OF THE EQUIPMENT THAT'S GOING TO BE TRAVERSING THE, THE GROUND SCAPE, UH, IN FRONT OF THE BUILDING WHERE WE HAVE OUR, OUR LANDSCAPING, UM, WE BELIEVE THAT THE, THE IRRIGATION SYSTEM WOULD BE AT RISK OF, OF DAMAGE.
UM, AND THEN, YOU KNOW, LASTLY, UM, WE DO HAVE, UH, SIMILAR TO I THINK THE LAST TWO APPLICANTS, UM, UH, THE, THE CONTRACT WITH THE CITY ARBORISTS THAT'S BEEN SIGNED, UH, FOR A, UH, WATER MANAGEMENT.
UM, AND WE ARE FULLY, UH, INTENDING TO COMPLY WITH THAT AND, AND OBVIOUSLY WOULD BE BEHOLDEN TO, UM, YOU KNOW, THE, THE ENFORCEMENT OF THAT.
UM, SO THAT IS, UH, WHAT I'M HERE TO, TO PRESENT TODAY.
WE'LL MOVE TO COMMISSIONER QUESTIONS.
WE'LL START ON THE LEFT WITH COMMISSIONER LOPEZ.
WHO'S GONNA BE, UH, HA DOING THE WATERING ON SITE? UH, IT WILL BE THE ASCO PROPERTY MANAGEMENT TEAM.
NO QUESTIONS? UH, I DON'T HAVE ANY QUESTIONS.
UH, THIS PLAN IS UNIQUE TO ME BECAUSE OF THE DISTANCE THAT THE NEW SITE WILL BE FROM WHERE THE CURRENT WATER TAP IS.
SO I'LL BE SUPPORTING THIS ONE AS OPPOSED TO THE OTHER ONES FOR THAT REASON.
NO QUESTIONS? NO QUESTIONS, NO QUESTION.
MOTION TO APPROVE APPLICANT'S REQUEST FOR IRRIGATION SYSTEM VARIANCE.
I HAVE A MOTION FOR APPROVAL OF THE APPLICANT'S REQUEST FOR THE VARIANCE BY COMMISSIONER PROFIT.
A SECOND BY COMMISSIONER MILLER.
[Comprehensive Master Plan Amendments ]
YOU.CLAYTON WALLACE, UM, INTERIM PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 17 IS A, UH, PLAN AMENDMENT AMENDING THE, UH, CAMP BULL, UH, EXTRATERRITORIAL JURISDICTION MILITARY AREA PROTECTION PLAN.
UH, THE APPLICANT IS REQUESTING TO GO FROM RESIDENTIAL STATE TO URBAN LOW DENSITY RESIDENTIAL FOR AN ASSISTED LIVING FACILITY WITH SEVEN OR MORE RESIDENTS.
UM, WE MAILED 14 NOTICES, ZERO IN FAVOR, ONE IN OPPOSITION.
AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION.
LIKE I SAID, THEY'RE, THEY'RE REQUESTING THIS TO GO, UM, TO URBAN LOAD DENSITY RESIDENTIAL FOR THAT, THAT USE OF ASSISTED LIVING WITH SEVEN MORE RESIDENTS IN GENERAL.
STAFF'S POSITION IS THAT WE DON'T WANT TO ENCOURAGE, UM, MULTIFAMILY EXPANSION INTO EXISTING RESIDENTIAL, UH, NEIGHBORHOODS.
THE APPLICANT IS HERE WITH THE PROPERTY OWNER AND I BELIEVE WE HAVE PEOPLE SIGNED UP TO SPEAK AS WELL.
WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION? THAT'S NOT EVEN ON.
EMILY WEISLER WITH KILLING GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE HERE WITH VICTORIA TEJEDA.
UM, I'M GONNA GIVE A, A BRIEF OVERVIEW, UM, OF THE CONTEXT FOR THIS REQUEST AND THEN WE'LL TURN IT OVER TO VICTORIA.
UM, SO YES, THE PROPERTY IS LOCATED ON TP LANE.
YOU CAN SEE IT'S WEST OF I 10, UM, TB LANE DEAD ENDS.
AND THIS IS AT THE SOUTHERN DEAD END OF TP LANE AT JUST SOUTH OF FLINT ROCK, WHICH HAS DIRECT APPROXIMATE ACCESS TO THE FRONTAGE OF I 10.
UM, THIS AERIAL IMAGE SHOWS KIND OF THE VARIETY OF USES, UM, THE DIFFERENT LOT SIZES, THE DIFFERENT FUNCTIONS OF THIS SIDE.
THIS SIDE OF I 10 IS VERY DIFFERENT THAN THE EAST SIDE OF I 10, UM, IN THE DEVELOPMENT PATTERN AND THE LAND USES THERE.
UM, YOU CAN SEE COMMERCIAL BUSINESSES SPREAD THROUGHOUT THE NEIGHBORHOOD, UM, HEAVIER, MORE INTENSE COMMERCIAL USES ALONG THE FRONTAGE.
AND THEN THIS VARIED SWATH OF RESIDENTIAL USES.
AND WHAT WE ARE PROPOSING TO BE VERY CLEAR, IS A RESIDENTIAL
[00:25:01]
USE.UM, ZOOMING IN, YOU CAN SEE AGAIN, THIS IS THE DEAD END, SOUTHERN DEAD END OF TP LANE.
UM, IMMEDIATELY ACROSS TP LANE, IMMEDIATELY ACROSS THE DEAD END.
NEXT DOOR IS THE HUMMINGBIRD ASSISTED LIVING HOME.
UM, AND THE INTENT HERE IS TO ALLOW FOR A SECOND LOCATION, NOT FUNCTIONALLY AN EXPANSION.
WE'RE NOT PHYSICALLY EXPANDING ANYTHING BUT ALLOW FOR ADDITIONAL HOUSING, UM, FOR, TO ALLOW THE ELDERLY IDEALLY TO AGE IN PLACE, UM, IN A SAFE CARRYING HOME.
YOU CAN SEE THE EXISTING, UM, SINGLE FAMILY HOME HERE.
YOU CAN SEE THE EXISTING SINGLE FAMILY HOME NEXT DOOR.
UM, AND, AND THIS KIND OF VARIETY OF LOT SIZES HERE.
THIS IS THE ACTUAL PROPERTY BOUNDARIES.
THIS PROPERTY IS OUTSIDE OF CITY LIMITS.
IT IS IN THE ETJ, UM, JUST UNDER AN ACRE.
THE CURRENTLY IN USE IS RESIDENTIAL ESTATE, WHICH RESIDENTIAL ESTATE ALLOWS FOR IN THEORY, UM, LARGE LOTS, SINGLE FAMILIES, 10 ACRES, 25 ACRES, UM, ONE ACRE MINIMUMS OR AT THE LOWEST END, 20,000 SQUARE FOOT LOTS.
SO THESE ARE INTENDED FOR REALLY LARGE LOTS, REALLY LARGE PROPERTIES.
THE FARM AND RANCH DESIGNATION UNDER RESIDENTIAL ESTATE ALLOWS FOR COMMERCIAL ENACT USES THERE.
SO, UM, WITH ALL DUE RESPECT, UNDERSTANDING THAT THE URBAN LOAD DENSITY RESIDENTIAL WE ARE REQUESTING IS THE LEAST INTENSE OPTION.
UM, RESIDENTIAL ESTATE IS NOT THE MOST APPROPRIATE FOR WHAT IS ACTUALLY EXISTING.
THERE IS A LARGE VARIETY OF LOT SIZES AND USES IN THIS AREA.
AS PASSIONATE AS VICTORIA IS ABOUT HER USE, UM, AND THE HOME THAT SHE HAS BUILT, UM, AND THE WAY THAT SHE SERVES THIS COMMUNITY, I AM EQUALLY PASSIONATE ABOUT HEJ PLAN AMENDMENTS.
THIS IS FOR A MILITARY PROTECTION AREA.
UM, YOU CAN SEE HERE THIS IS THE JBSA RESPONSE.
WE WOULD NOT BE HERE IN FRONT OF YOU IF JBSA HAD AN OBJECTION.
WE CANNOT COME BEFORE YOU UNTIL JBSA HAS REVIEWED BECAUSE THEY ARE THE AUTHORS OF THE JOINT LAND USE STUDY, WHICH GOVERNS THE LAND USE CONTROLS IN THE ETJ.
THIS IS FROM STATE CODE, STATE LAW, EXCUSE ME.
UM, THE AUTHORITY TO ADOPT AND ENFORCE AN ORDINANCE REGULATING LAND USE IN THE AREA IN A MANNER RECOMMENDED BY THE MOST RECENT JOINT LAND USE STUDY, WHICH IS AUTHORED BY THE MILITARY.
THIS WAS ENACTED IN 2017 AND THIS IS OUR CODE TODAY.
THIS AREA, THERE ARE TWO AREAS.
VOTERS WERE GIVEN THE OPTION TO BE ANNEXED INTO CITY LIMITS, WHICH THEN THEY WOULD HAVE FULL STANDARDIZED ZONING AND OFFICIAL LAND USE CONTROLS LIKE WE DO HAVE INSIDE CITY LIMITS.
OR THEY CAN REMAIN IN THE ETJ AND BE SUBJECT TO LAND USE CONTROLS GOVERNED BY THE JOINT LAND USE STUDY.
AND AS STATED VERY EXPLICITLY IN THE CODE, IN ORDER TO PROTECT A MILITARY MISSION.
AGAIN, WE WOULDN'T BE HERE IF THE MILITARY HAD AN OBJECTION BECAUSE THEY ARE THE ONES WHO HAVE THE LAND USE CONTROLS HERE.
UM, THE CITY'S ENFORCING THOSE.
UM, BUT IT IS VERY EXPLICITLY HERE TO PROTECT THE MILITARY MISSION.
THERE ARE LIGHTING, SOUND, TREE PRESERVATION, AQUIFER PROTECTION, A LOT OF OTHER CONTROLS IN PLACE IN THE ETJ.
UM, AND AS THROUGH THE ET THE MPA, EXCUSE ME, THIS IS A COPY OF THE JOINT LAND USE STUDY, WHICH AGAIN, WE WOULD NOT BE HERE IF THE JOINT LAND USE.
I'M GONNA QUICKLY GO THROUGH THIS.
UM, WE ARE ASKING FOR LOW DENSITY, URBAN LOW DENSITY RESIDENTIAL.
THAT IS THE LEAST INTENSE OPTION THAT WE HAVE.
UM, THAT MAINTAINS, AS YOU CAN SEE HERE, TRULY TRADITIONAL.
THIS ALLOWS FOR ALL SINGLE FAMILY, ALL VARIETY OF LOT SIZES, UM, TO ALLOW THIS TO REMAIN RESIDENTIAL IN NATURE.
BECAUSE THIS IS A RESIDENTIAL HOME.
THIS IS WHERE PEOPLE GET THEIR MAIL.
UM, AND AGAIN, THE RESIDENTIAL ESTATE IS MEANT FOR EXTREMELY LARGE LOAD, EXCUSE ME, EXTREMELY LARGE LOT SINGLE FAMILY RESIDENTIAL.
UM, AND THAT'S NOT REALLY WHAT'S IN PLAY HERE.
SO THE RESIDENTIAL ESTATE IS NOT THE MOST APPROPRIATE.
URBAN LOW DENSITY RESIDENTIAL IS NOT INAPPROPRIATE BY ANY MEANS.
THIS IS THOROUGHLY COMPATIBLE.
AND IF THIS WAS NOT COMPATIBLE, FIRST AND FOREMOST WITH THE MILITARY'S MISSION AND THEIR PROTECTION AREA AND THEIR JOINTLY AND USE STUDY, WE WOULDN'T BE HERE ASKING FOR YOUR SUPPORT TODAY.
UM, AND JUST TO CLARIFY, THE CODE CODIFIES ASSISTED LIVING FACILITIES, I THINK FACILITY IS A HARSH WORD, ASSISTED LIVING HOME.
BUT THAT'S WHAT IT'S CODIFIED AS.
IT IS ALLOWED IN ONE WAY, SHAPE OR FORM IN ALMOST EVERY SINGLE, WITH THE RE EXCEPTION OF RESOURCE PROTECTION, WHICH IS THE ZONE ZONING DISTRICT SITUATION.
EVERY RESIDENTIAL DISTRICT, BECAUSE IT IS A RESIDENTIAL USE IN THE STAFF REPORT, IT VERY EXPLICITLY CLAIMS THAT THEY DO NOT SUPPORT THE EXTENSION OF COMMERCIAL USE.
[00:30:01]
THERE ARE MANY RESIDENTIAL USES THAT ARE ALLOWED IN NON-RESIDENTIAL ZONING DISTRICTS THAT DO NOT INHERENTLY MAKE THAT A NON-RESIDENTIAL USE.AN APARTMENT IS NOT A NON-RESIDENTIAL USE.
THIS ASSISTED LIVING, THIS CARE HOME, THIS PRIVATE CARE HOME FACILITY IS A RESIDENTIAL USE AND IT IS ALLOWING PEOPLE TO GRACEFULLY AND SUPPORTIVELY AGE IN PLACE IN THEIR COMMUNITIES.
AND THAT IS A HOUSING NEED THAT WE DESPERATELY NEED TO CONTINUE TO FILL.
UM, AND WITH THAT, RESPECTFULLY REQUEST YOUR SUPPORT, BUT I'M GONNA ALLOW VICTORIA TO EXPLAIN HER.
SO WE CURRENTLY, UH, IT'S MY HUSBAND AND I THAT OWN THIS HOME.
AND I LIKE TO SAY IT AS WHEN YOUR MOM CAN NO LONGER AGE IN PLACE, UM, SAFELY IN HER OWN HOME WITH YOU GUYS, THAT'S USUALLY WHEN SHE NEEDS TO MOVE OUT TO A SAFER PLACE.
AND THAT'S USUALLY WHEN SHE WOULD COME TO ME.
THE ONLY OPTIONS THAT THERE ARE RIGHT NOW ARE THESE REALLY LARGE 80 BED FACILITIES THAT YOU DON'T WANT YOUR MOM IN BECAUSE THEY SMELL LIKE URINE AND THEY'RE STINKY AND THEY'RE SMELLY AND THEY'RE DARK AND THEY'RE INCREDIBLY DEPRESSING.
AND SO MY HUSBAND AND I, WHO'S A PHYSICIAN, WE TRIED TO BUILD SOMETHING THAT WAS SPECIAL AND UNIQUE.
SO WHEN YOUR MOM AND YOUR GRANDMOTHER NEED A HOME, THEY CAN LIVE IN A NEIGHBORHOOD, IN A RESIDENTIAL SETTING WITH HOME COOKED MEALS WITH DEER OUTSIDE THEIR WINDOW AND HUMMINGBIRDS AND NOT FEEL LIKE THEY'RE GOING CRAZY LIVING IN A FACILITY.
OUR COMMUNITY DOES NEED THESE AND I DON'T BELIEVE THAT WE HAVE ENOUGH.
UM, SO WITH FURTHER DUE RESPECT, THIS IS EXACTLY WHAT WE DO.
SO, UM, YES, IT IS FOR SEVEN OR MORE RESIDENTS.
WE HAVE THE HOME NEXT DOOR AND WE'RE JUST GOING TO COPY AND HOPEFULLY PASTE EXACTLY NEXT DOOR.
UH, WHAT WE ALREADY HAVE, UH, WE HAD A LOT OF NEIGHBOR SUPPORT.
ACTUALLY A LOT OF NEIGHBORS BROUGHT THEIR MOMS TO US WHO INITIALLY WEREN'T IN FAVOR OF IT.
AND THEN THEY SAW THAT IT WAS JUST A ONE STORY HOME, NOTHING SCARY.
IT'S JUST A ONE STORY HOME, RIGHT? A RESIDENTIAL HOME.
UM, AND THEY ACTUALLY ENDED UP BRINGING THEIR MOMS TO US WHEN THEY LEARNED THAT WE WERE JUST DOWN THE STREET FROM THEM.
AND MOM COULD LIVE IN THE NEIGHBORHOOD WITH THEM SAFELY IN OUR HOME.
SO I DO BELIEVE THAT WE NEED MORE OF THESE AND WE DON'T HAVE ENOUGH.
SO THAT'S OUR, OUR REQUEST TO YOU GUYS.
UM, SO YOU CAN SEE WHERE IT IS.
IT'S ON A DEAD END, SO IT DOES NOT, UH, DISRUPT THE OTHER NEIGHBORS.
NOBODY'S COMING THROUGH THAT STREET.
SO NO ONE'S COMING DOWN THAT STREET.
UM, WHICH IS INTENTIONALLY WHY WE BOUGHT THIS LAND BECAUSE WE DIDN'T WANNA BE A DISRUPTION TO THE NEIGHBORHOOD.
I RECOGNIZE THAT THAT MAY BE FRUSTRATING FOR PEOPLE.
SO WE WANTED TO BE A LITTLE BIT MORE OUT OF THE WAY.
UM, SO THIS IS AN INTENTIONAL LOCATION, SO THIS IS WHAT IT WOULD LOOK LIKE.
AND THIS IS WHAT THE INSIDE LOOKS LIKE.
AND YOU CAN SEE LOVED ONES WITH THEIR MOTHER.
WE BATHE THEM, WE FEED THEM, WE GIVE THEM SHOWERS.
UH, WE TAKE CARE OF THEM AS THEY'RE AGING IN PLACE THROUGH END OF LIFE.
UH, WE DO HAVE ONE PERSON SIGNED UP TO SPEAK.
LINDA GUERRERO NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.
MY HUSBAND GEORGE AND I LIVE RIGHT ACROSS THE STREET FROM WHERE ALL THESE CHANGES ARE GOING TO HAPPEN AT 85, 15 FLINT ROCK DRIVE TP, WHICH IS THE SIDE STREET DOES DEAD END, RIGHT WHERE THAT PROPERTY IS.
BUT THE ENTRANCE TO OUR LITTLE SUBDIVISION IS ONLY ONE WAY.
YOU GOTTA GO OUT THE SAME WAY.
SO IT'S NOT LIKE IT'S SET UP FOR ANY KIND OF HEAVY TRAFFIC.
BUT IT IS A ONE LANE UNMARKED STREET THAT THE COUNTY MAINTAINS.
WHEN WE MOVED THERE 27 YEARS AGO, THERE WAS NO INFRASTRUCTURE FOR US.
WE HAD TO DIG OUR OWN WATER WELL AND DIG OUR OWN SEPTIC TANK.
AND THIS, EVERY BUSINESS THAT COMES IN IS GONNA PUT MORE STRAIN ON IT.
AND I UNDERSTAND SHE DOESN'T VIEW IT AS A BUSINESS, BUT SHE'S MAKING MONEY AT IT BECAUSE IT'S A MEDICAL BUSINESS.
AND I HAVE SYMPATHY FOR ELDERLY PEOPLE.
I TOOK CARE OF MY MOM IN MY OWN HOME FOR SIX MONTHS BEFORE SHE DIED ON HOSPICE CARE.
BUT THERE'S GONNA BE A LOT OF TRAFFIC IN AND OUT.
THEY ALREADY USED THE EASEMENT FOR PARKING.
NOW WE HAD A FIRE MAYBE, I DON'T KNOW, FIVE OR SIX YEARS AGO DOWN OUR STREET, THERE WERE EIGHT FIRE TRUCKS THAT SHOWED UP.
WHERE WERE THEY GONNA GO IF THERE WAS NO EASEMENT AVAILABLE? THOSE EASEMENTS ARE NECESSARY FOR UTILITY, FOR EMERGENCY WORKERS AND THE NOT FOR PARKING.
AND THEY USE IT FOR PARKING AND IT'S JUST NOT A GOOD IDEA.
SO IF THEY'RE GOING TO DO THE SAME FOR THAT ONE ACROSS THE STREET, I I DON'T THINK IT'S GOOD FOR THE, UH, BEAR COUNTY.
THEY'RE GONNA HAVE TO MAINTAIN IT.
AND WHAT ABOUT OUR WATER WELLS? SO, YOU KNOW, I HAVE SYMPATHY FOR WHAT SHE WANTS TO DO, BUT I GUARANTEE YOU THAT IF THIS WAS MOVING IN ACROSS THE STREET FROM EACH AND EVERY ONE OF YOU, YOU WOULDN'T LIKE IT EITHER.
AND THAT'S EVERYBODY THAT SIGNED UP TO SPEAK.
SO WE'LL MOVE TO COMMISSIONER QUESTIONS.
[00:35:01]
THE RIGHT WITH COMMISSIONER ZUKI.UH, CAN YOU RUN THROUGH THE CURRENT STRUCTURE NUMBER OF UH, NO, UH, THE NUMBER OF BEDROOMS, THE NUMBER OF GUESTS THAT YOU HOST FOR THE EXISTING STRUCTURE AND THE FUTURE STRUCTURE THAT YOU'RE GOING TO BUILD? UH, EXISTING AND FUTURE WILL BE EXACTLY THE SAME.
IDENTICAL, NOTHING WILL BE CHANGED.
IT'S GONNA BE AN EXACT COPY AND PASTE REPLICA OF WHAT WE HAVE NOW.
UM, NOBODY DRIVES IN OUR HOME.
SO IF YOUR MOM IS ACTIVE AND SHE NEEDS ASSISTED LIVING AND SHE'S A DRIVER, SHE'S NOT A CANDIDATE FOR MY HOME.
I'M A LITTLE BIT MORE END OF LIFE AGING IN PLACE RESIDENTS.
SO IF THEY DRIVE, THEY'RE NOT A CANDIDATE FOR ME.
UH, THE TRAFFIC OR THE CARS THAT ARE, THERE ARE TWO STAFF CARS ON ANY GIVEN SHIFT.
SO ALWAYS TWO STAFF CARS AT ANY TIME.
WE DON'T DO, WE'RE NOT A SKILLED NURSING FACILITY.
WE'RE NOT A MEDICAL BUSINESS, NONE OF THAT.
IT'S LITERALLY LIKE MOM NEEDS CARE IN A HOUSE, TOILETING, BATHING, GROOMING.
THERE'S NOTHING MEDICAL ABOUT WHAT WE DO.
UM, CAN YOU ASK, UH, WHAT WAS THE REST OF YOUR QUESTION? BESIDES PICTURE, THE, THE FUTURE BUILDING IS GOING TO MIRROR THE EXISTING ONES, CORRECT.
YOU ARE ADDING 16 ADDITIONAL BEDS, CORRECT? THAT'S CORRECT.
SO WE'RE NOT ADDING ON TO WHAT WE HAVE, IT'S JUST COPY AND PASTE THAT ONTO THE OTHER SIDE OF THE DEAD END.
SO WE'RE MOVING TOWARDS THE 32 AT THE MOST RESIDENTS PLUS TWO STAFF MEMBERS.
AT THE MAXIMUM CAPACITY, CORRECT.
AND AGAIN, THERE'S NOT 32 CARS.
IT'S HOW YOU RESPOND TO THE QUESTION THAT JUST RAISED ABOUT ACCESS TO THE ALLEY AND THE CONCERN FOR FUTURE, YOU KNOW, FOR CASE OF EMERGENCIES.
I THINK THAT WAS A GREAT POINT THAT SHE BROUGHT UP.
SO, UM, WE DON'T PARK ON THE EASEMENTS.
I WOULD LIKE TO SEE PICTURES OR VIDEOS OR PHOTOGRAPHS WHERE WE HAVE PARKED IN THE EASEMENTS.
I HAVE, IF YOU SEE THE WHITE CONCRETE, WE HAVE MORE THAN ENOUGH PARKING.
YOU CAN FIT ANOTHER EIGHT CARS JUST IN THE FRONT PARKING LOT.
SO I DON'T EVER HAVE A REASON TO USE AN EASEMENT UNLESS WE HAVE A CHRISTMAS PARTY ONCE A YEAR, JUST LIKE ANY OTHER NEIGHBORHOOD WOULD USE A, AN EASEMENT.
UM, BUT I'M NOT USING THAT ON A DAILY BASIS.
SO I DON'T KNOW WHY AN AMBULANCE OR A FIRETRUCK IF THERE WERE TO BE ONE, IF THERE WAS A FIRE EVER, I DON'T KNOW WHY THEY WOULD NOT BE ABLE TO TURN AROUND.
BUT THAT HAS NOTHING TO DO WITH ME BECAUSE I'M ONLY ON MY LOT.
I DON'T GO OUTSIDE OF MY BOUNDARIES.
DO YOU MEAN THE STREETS? NO EASEMENT, EASEMENT.
THAT ALLOWS OTHER TRUCKS AND
CAN WE SPEAK INTO THE MICROPHONE UP THERE? MA'AM, CAN YOU PLEASE GO TO THE MICROPHONE? YEAH, WE, WE DON'T USE THOSE EASEMENT.
YOU KNOW THAT EASEMENT RIGHT THERE? THERE'S NO CURBS OR, OR SIDEWALKS ON THESE PROPERTIES? NONE.
AND SO, UM, THE EASEMENT IS THE AREA THAT'S LEFT THERE.
SO THAT THE UTILITY TRUCK, THE ELECTRICAL COMPANY, I HAD TO CALL 'EM OUT WHEN A, A VULTURE LANDED ON THE TRANSFORMER AND BLEW UP AND, AND THEY HAD TO TAKE PART OF THE STREET BECAUSE THEY COULDN'T FIT ALL ON THE EASEMENT THE WAY IT WAS STRUCTURED THERE.
IT IS A ONE LANE UNMARKED, NO LYING DOWN THE MIDDLE OF THE ROAD COUNTY ROAD.
AND IT'S, YOU'RE JUST PUSHING THE SPACE THAT WE DO HAVE AVAILABLE THERE.
AND YES, THEY DO COME AND PARK ON THE EASEMENTS.
I'M SORRY, I DID NOT BRING ANY PICTURES, BUT I WILL
SO ARE YOU REFERRING TO THIS, THE GRAVEL, THE PART BEFORE THE GRAVEL LOT? IS THAT THE EASEMENT YOU'RE REFERRING TO? YOU SEE TO THE RIGHT OF THE TREE? THAT'S PART.
OH, THERE'S A, THERE'S A LASER MA'AM.
I THINK SHE WANTS TO GO THERE.
WELL I THINK WE'RE ALL JUST TRYING TO COLLECT PROPERTY.
AND WRITE DOWN, YOU SEE A THAT IS MY PROPERTY, THAT'S MY PROPERTY LINE.
THERE'S A SURVEY TO SHOW THAT, BUT IT'S THE EASEMENT.
YOU STILL HAVE TO LEAVE ACCESS TO IT FOR THE UTILITIES AND EMERGENCY VEHICLES.
THAT'S WHAT AN EASEMENT IS FOR.
TO LET, UM, WHEN, WHEN DO YOU HAVE, DO YOU HAVE A TIME WHERE YOU ALLOW VISITORS TO COME IN AT SOME POINT TO VISITOR ALL THE GUESTS BETWEEN 10 TO SIX, 10 TO 6:10 AM TO 6:00 PM MM-HMM
AND USUALLY THEY COME LIKE ALMOST FOR ALL THE RESIDENTS OR USUALLY NO, MOST FAMILIES DON'T COME.
I THINK ONCE WE EARN THEIR TRUST IN THE FIRST FEW WEEKS AND THEY KNOW MOM IS SAFE, THEY'RE NOT, I MEAN THEY MAY COME, SOME COME ONCE A MONTH.
UM, EVERY NOW AND THEN YOU HAVE SOMEONE THAT MAY COME WEEKLY, BUT THEY'RE NOT THERE ALL DAY.
THEY'RE COMING IN JUST TO CHECK IN ON HER AND MAKE SURE SHE HAD HER BREAKFAST AND THEN THEY LEAVE.
SO THE CURRENT PARKING AT YOUR CURRENT FACILITY IS GOING TO ACCOMMODATE
[00:40:01]
THE NEW FACILITY? THAT'S CORRECT.WE WILL NOT TOUCH PARKING ON EITHER SIDE.
MEANING THESE CARS WOULD NOT PARK ON THE OTHER, WE WOULDN'T NEED EXTRA PARKING.
SO EACH PROPERTY HAS ITS OWN THAT'S WHAT I'M ASKING EACH PART.
EACH PARCEL WILL HAVE ITS OWN CAPACITY FOR PARKING FOR 16 CORRECT.
BUT AGAIN, THEY DON'T DRIVE, SO.
BUT I, I THINK, I THINK OUR FOCUS IS ON VISITORS BECAUSE YOU KNOW, YOU HAVE LIKE, YOU KEEP DESCRIBING MOMS THAT ARE THERE.
IF, YOU KNOW, YOU HAD VISITORS, YOU HAVE A SON AND A DAUGHTER THAT CAME IN TWO SEPARATE CARS, YOU KNOW, UM, SOMETIMES MORE.
I WAS ASKING, I GUESS MY QUESTION WAS, I WAS ASKING IF THE CURRENT PARKING SPOTS ARE ALSO GONNA ACCOMMODATE WHAT YOU'RE ASKING FOR ACROSS THE STREET A HUNDRED OR IT'LL HAVE ITS OWN, BUT SHE'S SAYING DIFFERENT.
THE THE NEW THE NEW PROPOSED, THE NEW PROPOSED WILL HAVE ITS OWN PARKING.
CORRECT? THAT'S WHAT I'M ASKING.
AND HOW MANY SPOTS WILL IT HAVE ON THE NEW PROPERTY? UM, I LIKE TO KEEP WHAT WE HAVE BECAUSE WE HAVE NO ISSUES WITH WHAT WE HAVE.
I THINK IT'S EIGHT SPOTS IS WHAT WE HAVE RIGHT NOW.
UM, SO WE PROBABLY WOULD DO THAT.
IF WE NEED TO INCREASE, WE ABSOLUTELY CAN JUST TO KEEP EVERYTHING ON OUR LOT LINES.
BUT WE HAVEN'T NEEDED TO OVERFLOW, UH, PAST THE EIGHT.
ON THE NEW PROPERTY THAT YOU'RE ASKING FOR, THERE ARE EIGHT SPOTS ON THAT PROPERTY? THAT'S WHAT I'M ASKING? YES.
WE WILL BE ABLE TO ACCOMMODATE YEAH, WE CAN ACCOMMODATE THAT.
ALL OF THE PARKING FOR THE SECOND HOME ON THE SECOND LINE.
THESE ARE HYPOTHETICAL QUESTIONS.
'CAUSE AGAIN, WE'RE DEALING WITH THE ETJ.
UM, AND I DO AGREE, UH, WITH, WITH WHAT EMILY SAID, THAT IT'S, IT'S KIND OF A UNIQUE SITUATION.
IF THIS WAS NOT IN THE, UH, MILITARY PROTECTION AREA, WE WOULDN'T EVEN BE CONSIDERING THIS.
BUT, UM, OUR PURVIEW IS LAND USE PARKING, I THINK IS RELATED TO ZONING OR UDC REGULATIONS.
RIGHT? SO DOES THE CITY HAVE ANY AUTHORITY OVER PARKING REQUIREMENTS FOR THIS? SO IN, IN TERMS OF THE ACTUAL PERMITTING ASPECT, UM, AS A PART OF THIS, THEY HAD TO GET A CERTIFICATE OF COMPLIANCE WITH US.
WHERE WOULD, WHERE WE REVIEW THE EXTERIOR LIGHTING.
BUT ANY OTHER PERMITS WOULD GO THROUGH THE BEXAR COUNTY FIRE MARSHAL.
WE WOULDN'T, WE WOULDN'T BE THE REVIEWING BODY FOR THAT.
SO THEY WOULDN'T BE SUBJECT TO OUR PARKING REQUIREMENTS.
SO THE QUESTION ABOUT STREETS AND PARKING IS, IS A BEAR COUNTY ISSUE, CORRECT? CORRECT.
AND, AND AS FAR AS EASEMENTS GO, I MEAN THERE'S THE RIGHT OF WAY, BUT THAT, THAT'S THE ONLY PLATTED PORTION THAT WE'RE AWARE OF.
AND THEN, UH, JUST TO KIND OF CONTINUE TO GET DOWN THE RABBIT HOLE IN YOUR PRESENTATION, THE SLIDE THAT SHOWS THE PERMITTED USES IN THE UDC FOR ASSISTED LIVING FACILITIES, IT JUST, I WAS UNCLEAR BECAUSE WE, WE SAW, SORRY.
UM, JUST WHENEVER YOU RESIDENTIAL USE AND THEN COMMERCIAL USE AND IT SAID SOMETHING RIGHT THERE.
WELL, SO ASSISTED LIVING FACILITIES WITH SEVEN OR MORE RESIDENTS, UM, OKAY.
OR SINGLE FAMILY UNDER CONDITIONAL USE.
BUT THE COM, THE NON-RESIDENTIAL USE HAS THE 16 BED CAP FOR WHAT THAT'S WORTH.
I THINK THAT THE RIGHT BUT REALLY INTERESTING DISTINCTION.
UM, THE, UNDER THE RESIDENTIAL USE MATRIX, UM, IT IS, UM, SIX OR FEWER IS ALLOWED ACROSS THE BOARD.
AN ESTATE DIFFERENTIAL IS 16 VERSUS 17 BEDS.
THAT'S WHERE THE STATE LICENSING DIFFERENTIAL IS.
BUT THAT ALIGNS MORE WITH THE PROPOSED LAND USE A DESIGN PURPOSE, RIGHT? CORRECT.
IS THAT MUL MULTIFAMILY? SO AGAIN, I THINK IT'S, YOU KNOW, I THINK THE, I WHAT SOME OF THE, THE ISSUES ARE BROUGHT UP ARE NOT CITY, ARE NOT REALLY RELATED TO OUR BODY.
SO I KIND OF DON'T REALLY HAVE AN OPINION BUT, UM, JUST WANTED TO POINT THOSE OUT SO I DON'T MAKE MY DETERMINATION FROM THERE.
BUT THANK YOU COMMISSIONER SIEGEL.
UM, UM, NO, I DON'T HAVE ANY QUESTIONS.
UM, IF THIS IS FOR THE YOUNG LADY BACK THERE, THANK YOU FOR SAYING THAT.
SO, UM, HOW LONG HAS THE OTHER FACILITY BEEN THERE AND WHAT WAS THE, IF I'M SURE YOU TALKED TO YOUR NEIGHBORS.
WHAT IS THE FEEDBACK THAT YOU'VE HEARD ABOUT THE EXISTING FACILITY? UH,
[00:45:01]
AS FAR AS THAT, WELL, WHEN THEY FIRST, UH, WERE GONNA DO THIS, THE NEIGHBORS ON THE OTHER SIDE ACROSS THE STREET FROM US, WE KIND OF GOT TOGETHER, BUT WE DIDN'T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY BECAUSE WE FELT THIS WAS A VIOLATION OF THE COVENANTS ALREADY ON THE LAND.YOU CAN'T HAVE A BUSINESS NOW, I KNOW SHE'S SAYING IT'S NOT A BUSINESS, BUT IF YOU'RE MAKING A PROFIT AND YOU'RE CHARGING MONEY, THEN IT'S, IT'S SOME BUSINESS.
AND WE DIDN'T WANT THEM THERE BECAUSE WE FELT WE WERE HOLD, WE HAD TO HOLD ON.
WE DIDN'T VIOLATE THE COVENANTS.
SO YOU HAVE TO RESPECT THEM TOO.
BUT THEY JUST IGNORED US AND WENT FORWARD WITH IT.
AND, UM, SO NO, NONE OF US LIKED IT THERE.
SOME MAY HAVE CHANGED THEIR MIND SINCE THEN, BUT THEY HAVEN'T TOLD ME ABOUT IT.
THE NEIGHBOR THAT LIVES, UH, ON THAT OTHER, UM, WHERE YOU SEE 86 0 2, THE, THE HOUSE THAT THEY PURCHASED, THEY USED TO LINE UP LOGS RIGHT OUTSIDE THEIR FENCE AND ANY OTHER THING THEY COULD PUT THERE TO KEEP, UH, THE TRAFFIC FROM TURNING AROUND OR PARKING THERE THAT THEY WERE SO UNHAPPY WITH IT AND THEY SOLD OUT.
AND I UNDERSTAND, I, I TOO FEEL LIKE I AM, YOU KNOW, I'VE BEEN THERE 27 YEARS AND WE WERE WITHIN TWO YEARS OF PAYING OFF OUR MORTGAGE AND WE FEEL LIKE WE'RE BEING PUSHED OUT.
AND THIS, THIS WAS OUR, THIS IS OUR HOME.
DO YOU HAVE AN HOA THERE WAS ONE MANY YEARS AGO BACK IN THE SIXTIES AND IT DIED OUT.
IT HAD BEEN, IT HAD BEEN AN HOA BUT NO, YOU KNOW, HOAS ARE ONLY IN USE.
IF YOU MAINTAIN THEM, YOU HAVE TO PAY YOUR FEES.
BY THE TIME WE BOUGHT THE PROPERTY, THERE WAS NO HOA ENFORCE.
WERE THERE NOTICES SENT OUT? NOTICES WERE SENT OUT? UH, THERE IS NOT A REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET THAT IS DISTINCT FROM THE PRESENCE OF A HOMEOWNER'S ASSOCIATION.
SO IF THERE WERE AN HOA, THEY ARE NOT REGISTERED WITH THE CITY TO RECEIVE NOTICE.
BUT WERE THERE ANY, ANY FEEDBACK FROM ANY OF THE NEIGHBORS? WE, WE DID GET A LETTER IN OPPOSITION AND THAT WAS SENT TO Y'ALL EARLIER TODAY.
UM, BUT THAT WAS THE ONLY, SO OUT OF THE 14 NOTICES WE MAILED, THAT WAS THE ONLY THING I GOT BACK.
HOW LONG HAS THE EXISTING, UM, LIVING HOME, HOW LONG HAS THAT BEEN IN OPERATION? THREE YEARS.
AND WHEN, WHEN THAT WAS FIRST APPROACHED, WAS THERE ANY, ANY, UM, ANY, ANY, DID YOU REACH OUT TO ANYBODY IN THE CITY AS FAR AS FOR TREE PRESERVATION OR INQUIRE ON THAT IF THAT WAS REQUIRED OR WE YEAH, I ACTUALLY, I DON'T KNOW IF LOGAN REMEMBERS, BUT I REMEMBER COMING TO THE CITY LIKE EVERY SINGLE DAY WITH A STACK OF QUESTIONS.
UM, BECAUSE IT WAS VERY NEW FOR ME AND I WAS TRYING TO FIGURE OUT WHAT WE NEEDED TO DO.
SO I DON'T REMEMBER THAT DETAIL.
I JUST KNOW THAT WE GOT ALL THE PERMITS THAT WE NEEDED TO BE ABLE TO MOVE FORWARD.
AND THEN I THINK IT ENDED UP GETTING GRANDFATHERED IN.
BUT WE DID EVERYTHING ACCORDING TO WHAT THE STATE ASKED FOR US.
'CAUSE WE GOT A, A CITY AND, UH, COUNTY PERMITS.
IS THE OWNER GONNA BE REQUIRED TO COME IN AND SUBMIT ANY KIND OF, UH, PERMITTING, UH, FOR TREE REMOVAL? NOT THAT I KNOW OF.
UH, IT CERTAINLY IF THEIR CONSTRUCTION PLANS INVOLVE THE REMOVAL OF TREE, OUR TREE ORDINANCE WOULD APPLY.
AND THIS, THIS MAY BE CLARIFICATION, EMILY, FOR YOU.
IF THIS FACILITY IS ONLY THREE YEARS OLD, OUR E-T-J-M-P-A IS A LOT OLDER THAN THAT.
SO HOW WERE THEY, HOW DID THEY OPEN THE INITIAL FACILITY WITH GRANDFATHERING SEPTEMBER, 2019? DO YOU REMEMBER ME, LOGAN? I USED TO COME BACK.
BACK WHEN YOU WERE WORKING HERE, I USED TO COME EVERY DAY WITH LIKE A STACK OF QUESTIONS.
'CAUSE I WAS TRYING TO FIND A FACILITY AND I HAVE A WHOLE EMAIL THREAD WITH YOU OF LIKE, CAN WE OPEN THIS? CAN WE OPEN THAT? AND I REMEMBER YOU SAYING LIKE, OH, THAT'S SMALL PEANUTS, LIKE, DON'T WORRY.
LIKE OUR PLANS ARE MUCH BIGGER THAN THAT.
AND SO WE ENDED UP MOVING FORWARD AND THEN AT THAT TIME WE HAD PULLED PERMITS IN 2019, UM, SEPTIC, ALL OF THAT.
AND THEN I THINK LATER IN SEPTEMBER OF 2019, THERE WAS SOME RULE THAT WAS PUT OUT.
AND BASICALLY WE GOT STOPPED, UH, IN CONSTRUCTION.
AND THEN I ENDED UP GETTING A CALL FROM THE CITY ATTORNEY THAT BASICALLY SAID, WE'RE SO SORRY.
ACTUALLY YOU CAN GET GRANT, YOU CAN MOVE FORWARD.
YOU'RE GONNA GET GRANDFATHERED IN.
SO NOTICES HAD ALREADY BEEN SENT TO THE NEIGHBORS.
UH, WE HAD KIND OF GONE DOWN THAT PROCESS.
I DON'T KNOW IF YOU REMEMBER THAT.
IS THERE A, IS THERE A SITE PLAN THAT YOU HAVE FOR THE FUTURE PARKING? IF I'M UNDERSTANDING THE QUESTION CORRECTLY, IT'S AGAIN A COPY AND PASTE OF WHAT WE HAVE.
SO SITE PLAN, EVERYTHING STAYS THE SAME.
WE CAN ADD MORE IF WE NEED TO, BUT WHAT WE HAVE HASN'T BEEN AN ISSUE.
SO IT WOULD BE A COPY AND PASTE, UH, ACROSS THE STREET.
I WANT TO, I WAS, I'M LOOKING TO SEE WHAT IS THAT PARKING LOT GONNA LOOK LIKE? WHERE'S THE, WHERE'S THE EGRESS GONNA BE? IS THERE GONNA BE IT'LL BE THE SAME.
IT'LL, IT'LL JUST BE A MIRROR OF WHAT'S ALREADY THERE.
I DON'T KNOW IF THAT ANSWERED THE QUESTION.
[00:50:01]
ALRIGHT, SO CAN YOU BRING UP THAT, UH, CHART THAT SHOWS WHAT ALLOWABLE ZONING IS, IS FOR IN THIS LAND USE PLAN? SO MF 18.AND MF 18, CAN YOU PUT A NURSING FACILITY THERE? LEMME TAKE A LOOK.
AND, AND THE REASON WHY I ASK IS I, I'M PRESIDENT OF MY HOA AND WE'VE BEEN HAVING ASSISTED LIVING FACILITIES MOVE INTO OUR NEIGHBORHOOD, BUT THEY'RE ALSO KIND OF SECRETLY RUNNING AS HOSPICES AND THINGS THAT YOU'RE NOT ALLOWED TO DO MM-HMM
AND SO MY, I I'M JUST CURIOUS, YOU KNOW, WITH THIS LAND USE PLAN DESIGNATION, THE NURSING FACILITY, RIGHT, DONALD? WELL, I WAS, I'M WONDERING IF A HOSPICE OR A NURSING A, YOU KNOW, A SKILLED NURSING IS ALLOWED, UH, BECAUSE THAT'S DIFFERENT.
SO BASED ON OUR RESIDENTIAL USE MATRIX NURSING FACILITY WOULD BE ALLOWED IN RM FOUR, MF 18, MF 25, MF 35, MF 40, 50 AND 65 IN ERZ D YEAH.
THE ASSISTED LIVING DOESN'T, YOU KNOW, THAT USE DOESN'T BOTHER ME.
THE, THE HOSPICE IS A COMPLETELY DIFFERENT, WHICH WOULD ALSO BE ALLOWED WITH THIS CHANGE.
AND THERE'S NO OTHER ALTERNATIVE OTHER THAN THIS LAND USE PLAN THAT'S THE MINIMAL LEASE INTENSIVE.
THIS URBAN LOAD CITY RESIDENTIAL IS THE LOWEST MULTIFAMILY CATEGORY.
IF YOU JUST LOOK AT LOW DENSITY RESIDENTIALS, IT'S JUST THE RS IT'S NONE OF THE RNS.
THERE'S NO MF, THERE'S NO, THERE'S NOTHING THAT ALLOWS FOR THE MULTIFAMILY ASPECT.
THAT, THAT'S WHAT I'M CURIOUS ABOUT.
SO THAT'LL BE A MATTER FOR THE UDC AMENDMENTS TO SEE IF THERE'S SOMETHING WE CAN DO TO TRY TO PUT SOME KIND OF A LIMIT.
BUT SO, SO I, I WILL SAY THIS, THE CHALLENGE BEFORE THE COMMISSION TODAY IS THAT WE ARE ALLOWED TO REGULATE BROAD LAND USE CATEGORIES.
IF WE WERE INSIDE OF CITY LIMITS, WE MAY HAVE MECHANISMS TO REALLY LIMIT THIS MERELY TO ASSISTED LIVING, NOT BOARDING HOMES, NOT THE OTHER THINGS.
BUT BECAUSE THIS IS A FUN, THIS IS A FUNCTION OF STATE LAW AS AN ALTERNATIVE TO A FULL ANNEXATION, WE CAN REGULATE THE LAND USE CATEGORY, BUT NOT THE MINUTIAE OF ZONING.
SO I WILL TELL YOU RIGHT NOW, WITHOUT A CHANGE IN STATE LAW, THERE IS NO UDC AMENDMENT THAT'S GONNA GIVE US THAT.
WELL UN UNLESS YOU REMOVE MF 18 FROM A SKILLED NURSING OR A HOSPICE AS A, AS A PERMITTED USE.
THAT WOULD BE WHAT I WAS THINKING.
BECAUSE IT, THAT'S, THAT'S THE ONE THAT IS CAUSING THE RUCKUS IN OUR COMMUNITY.
SO THAT'S WHAT I WAS WONDERING.
BUT YOU HAVE NO INTENT TO DO THAT.
YOU JUST WANT TO DO ASSISTED LIVING? YEAH, I MEAN, THAT'S A TOTALLY SEPARATE BALLPARK TO BE HOT.
YEAH, I, I'LL JUST SAY THAT I THINK THIS ANALYSIS TO LOGAN'S POINT WOULD BE DIFFERENT IF IT WAS IN THE CITY.
AND THERE ARE, UM, YOU KNOW, I'M REAL ESTATE LAWYER, SO I BELIEVE IN REAL ESTATE RIGHTS, LAND RIGHTS, UM, AND I THINK OUR TASK HERE IS TO TAKE A NARROW FOCUS ABOUT WHAT THIS PARTICULAR LAND USE SET OF RULES IS ABOUT.
AND THAT'S TO PROTECT THE JOINT BASE SAN ANTONIO AND THE MILITARY MISSION.
IT'S NOT TO PROVIDE THE TYPE OF NEIGHBORHOOD PROTECTIONS AND INTERACTIONS THAT ONE WOULD ENJOY IN THE CITY OF SAN ANTONIO.
SO MY VIEW AND ALL SUPPORT IS THIS CHANGE BECAUSE I THINK WHAT WE'RE ONLY TRYING TO DO IS PROTECT THE MILITARY.
AND I DON'T THINK THERE'S ANYTHING ABOUT THIS REQUEST THAT WOULD ENDANGER THAT MISSION.
THIS MAY BE A DUMB QUESTION, AND I THINK I ALREADY KNOW THE ANSWER, BUT, UM, SO THERE'S NO MECHANISM.
I, SOMEBODY I DON'T REMEMBER WHO, MAYBE COMMISSIONER MILLER, SOMEBODY, UH, ASKED ABOUT A SITE PLAN.
THERE'S NO MECHANISM IN ANY FORM OR FASHION ON DOWN THE LINE FOR THE CITY TO SEE THAT.
CORRECT? WE WILL, AS PART OF THAT CERTIFICATE OF COMPATIBILITY, WE'LL REVIEW EXTERIOR LIGHTING, WHICH OFTEN COMES IN THE FORM OF A SITE PLAN.
BUT WE'RE NOT LOOKING AT PARKING REQUIREMENTS, TREE REQUIREMENTS.
WE'RE NOT LOOKING AT ANYTHING ELSE OTHER THAN EXTERIOR LIGHTING.
AND THAT'S JUST THE MILITARY MISSION IS WHAT? THAT'S CORRECT.
ANY OTHER COMMISSIONER QUESTIONS? IF NOT, WE WILL ENTERTAIN A MOTION.
I MOVE TO APPROVE THE APPLICANT'S REQUEST.
SECOND, WE HAVE A MOTION FOR APPROVAL BY COMMISSIONER SIEGEL AND A SECOND BY COMMISSIONER COOPER.
IS THERE A, IS THERE A DIRECTOR'S REPORT? THERE IS NOT.
[00:55:01]
NO.UH, IF THERE'S NO FURTHER BUSINESS, IT IS 2 55 AND WE ARE ADJOURNED.