[00:00:03]
OKAY, EVERYBODY IS STAFF READY? IT IS TWO O'CLOCK AND WE'RE GONNA CALL THE, UH, WEDNESDAY, SEPTEMBER 23RD.
PLANNING COMMISSION MEETING TO ORDER.
WOULD STAFF PLEASE DO A ROLL CALL? COMMISSIONER LOPEZ.
CAN WE HAVE THE SPANISH ENGLISH INTERPRETER PLEASE? GOOD AFTERNOON EVERYONE.
[Plats ]
WE'RE GONNA HAVE TWO AGENDAS.WE'RE GONNA HAVE THE, UH, COMBINED HEARING AGENDA CASES ON THE COMBINED HEARING AGENDA ARE CASES WHERE STAFF REP RECOMMENDS APPROVAL.
THE PLANNING COMMISSION DOESN'T REQUIRE FURTHER DETAILED DISCUSSION, AND NO ONE IN THE AUDIENCE HAS SIGNED UP TO SPEAK ON THE ITEM.
ALL CASES ON THE COMBINED HEARING AGENDA WILL BE READ INTO THE RECORD IN ONE MOTION, UH, BEFORE THE COMMISSION TAKES ANY ACTION.
THE SECOND AGENDA IS THE INDIVIDUAL HEARING AGENDA CASES ON INDIVIDUAL HEARING AGENDA WILL BE HEARD SEPARATELY BEFORE THE COMMISSION TAKES ANY ACTION ON THOSE ITEMS. SO WHAT I HAVE RIGHT NOW IS I HAVE ITEMS, EVERYTHING IS ON CONSENT EXCEPT FOR ITEMS 11, 12, 13, 17, 9 HAS BEEN POSTPONED, SO IT WON'T BE HEARD.
AND 12 HAS BEEN CONTINUED TO THE OCTOBER 14TH PLANNING COMMISSION MEETING.
WELL, YOU STILL HAVE TO VOTE ON ITEM NUMBER 12 FOR THE CONTINUANCE.
SO WE, CAN WE LEAVE THAT ON CONSENT OR DOES THAT HAVE TO BE INDIVIDUAL? IT HAS TO BE INDIVIDUAL.
UM, SO AT THIS TIME WE'RE GONNA ASK COMMISSIONER BUSTAMONTE TO LEAVE THE MEETING 'CAUSE HE HAS TO RECUSE FROM ITEM TWO.
IT IS 2 0 3 AND COMMISSIONER BUSANTE HAS LEFT THE MEETING.
SO AT THIS TIME WE'LL ENTERTAIN.
UM, WE DO HAVE SOMEONE SIGNED UP TO SPEAK ON ITEM NUMBER THREE.
SO I HAVE A QUESTION FOR STAFF ON THAT.
PLAT, UH, DOES THAT PLAT HAVE ANY VARIANCES? DOES IT MEET ALL ASPECTS OF THE UNIFIED DEVELOPMENT CODE? IT DOES.
SO BY STATE LAW THAT PLAT HAS TO BE APPROVED BY THIS COMMISSION, BUT IF, UH, SONYA, IS IT SAMPLES SIGNED UP TO SPEAK, YOU MAY ADDRESS THE COMMISSION NOW.
EXCUSE, LEMME GET MY READING GLASSES.
I'M THE HOMEOWNER THAT RESIDES AT 41 0 6 DIAMONDHEAD SAN ANTONIO, TEXAS 7 8 2 1 8.
AND I OPPOSE ANY FURTHER COMMERCIAL DEVELOPMENT OF THE PROPERTY AT THE SOUTHWEST INTERSECTION OF EISENHOWER ROAD AND KINGSTON DRIVE THE PROPERTY AT 41 0 2 EISENHOWER ROAD, WHICH INCLUDES THE RESIDENCE AT 4,100 EISENHOWER ROAD HAS THE APPEARANCE OF A COMMERCIAL SITE, DESPITE ITS LOCATION IN A RESIDENTIAL NEIGHBORHOOD, AT LEAST ONE SEMI TRAILER AND ONE STEEL INDUSTRIAL STORAGE CONTAINERS ARE ON THE PROPERTY AND CLEARLY VISIBLE FROM MY RESIDENCE.
IN ADDITION, UH, THE PROPERTY IS OPPOSITE THE 4,100 BLOCK OF DIAMOND HEAD, WHICH IS A DEAD END STREET WITH ONLY ONE POINT OF ENTRY AND EXIT FOR RESIDENTS BECAUSE THE PROPERTY AND, UH, PROVIDES INADEQUATE PARKING ATTENDEES OF EVENTS HELD THERE, OFTEN IMPEDE RESIDENTS ACCESS TO AND FROM THE, UH, THE BLOCK OF DIAMONDHEAD DRIVE.
ATTENDEES HAVE ALSO PARKED IN FRONT OF RESIDENTS HOMES BLOCKING MAILBOXES AND DRIVEWAYS.
ONE SUCH EVENT WAS HELD EARLIER THIS YEAR THAT COINCIDED WITH THE FINAL WEEKEND OF FIESTA.
THE PARKING SPILLED OVER TO BOTH SIDES OF DIAMOND HEAD, MAKING IT IMPOSSIBLE TO GET OUT OF, UH, ONE'S DRIVEWAY OR LEAVE THE STREET BY CAR.
TWO ATTENDEES OF THE EVENT, RATHER THAN TRAINED TRAFFIC ENFORCEMENT OFFICERS ATTEMPTED TO DIRECT TRAFFIC BUT DID SO FROM THE DEAD END RATHER THAN THE ENTRY FROM KINGSTON.
THUS, THE CARS CONTINUE TO ATTEMPT TO ACCESS DIAMONDHEAD DESPITE IT BEING FULL OF PARKED CARS WITH NOWHERE TO TURN AROUND AND NO ABILITY FOR RESIDENTS TO LEAVE THE STREET WITHOUT SOMEONE DIRECTING TRAFFIC.
I CONTACTED 3 1 1 THE FOLLOWING WEEKDAY AND WAS TOLD TO CONTACT SAPD IN THE FUTURE FOR TRAFFIC AND PARKING VIOLATIONS
[00:05:02]
BECAUSE THAT PROPERTY IN QUESTION IS OPPOSITE TO A DEAD END RESIDENTIAL STREET.IT LACKS THE NECESSARY THOROUGHFARE INFRASTRUCTURE THAT VEHICLES WILL BE FORCED TO USE RESIDENTIAL DRIVEWAYS OR THE DEAD END TO TURN AROUND, WHICH IS NOT POSSIBLE WITHOUT CREATING A SA SEVERE SAFETY HAZARD FOR NEIGHBORHOOD RESIDENTS WHILE COMPROMISING EMERGENCY VE VEHICLE ACCESS TO RESIDENTS LIVING NEAR THE DEAD END.
UH, FURTHER COMM COMMERCIAL DEVELOPMENT WOULD INTENSIFY THE PROBLEMS RESIDENTS ALREADY FACE, INCLUDING INAC, INADEQUATE PARKING, BLOCKED DRIVEWAYS AND MAILBOXES, TRAFFIC CONGESTION, UNSAFE TURNAROUNDS, AND RESTRICTED EMERGENCY ACCESS.
IT WOULD ALSO ADD NOISE RUNOFF AND COMMERCIAL ACTIVITY THAT ARE INCOMPATIBLE WITH THIS RESIDENTIAL DEAD END STREET TO PROTECT RESIDENT SAFETY, QUALITY OF LIFE AND PROPERTY VALUES.
THE COMMISSION SHOULD DENY THIS REQUEST.
JUST AGAIN, FOR THE RECORD, THE PLAT MEETS CODE.
SO THIS COMMISSION, UH, BY LAW HAS TO APPROVE THE PLAT.
SO AT THAT POINT IN TIME, WE WILL TAKE, UH, A, I HAVE A QUESTION ON SURE.
UH, SO FOR STAFF, UH, THE 15 FOOT DIMENSION ON THE LEFT WEST SIDE, IS THAT AN ALLEY OR SOMETHING? WHAT IS THAT? LEMME TAKE A LOOK.
AND, AND THE OTHER THING IS, IS THAT THEY'RE CALLING FOR TWO ELECTRICAL EASEMENTS, BUT THEY'RE NOT DIMENSIONING WHERE THEY, WHERE THEY ARE AT ALL.
I DON'T KNOW IF THAT WAS ALLOWED OR NOT.
YOU ARE TALKING ABOUT THE 15 FOOT, UM, RIGHT OF AWAY ON TO THE LEFT OF LOT 18.
IS THAT WHAT YOU'RE TALKING ABOUT? YEAH, THE, IT'S NOT LABELED.
YEAH, SO IT'S, UM, THIS IS PART, THIS, THIS IN THE DOWNTOWN AREA.
IT'S ESSENTIALLY A PAPER ALLEY.
UM, SO THAT, THAT'S WHAT THAT IS.
AND THEN THE, THE ELECTRIC EASEMENT YOU'RE TALKING ABOUT, IS THERE, THERE'S A SPECIFIC ONE.
YEAH, THERE'S TWO OF THEM THAT SAY THAT THEY'RE ON POLES.
BUT DON'T YOU HAVE TO DIMENSION WHERE THEY START OFF THE BOUNDARY LINE? JUST CURIOUS.
I DON'T KNOW HOW THAT, THAT GETS REVIEWED OR NOT.
ARE YOU TALKING ABOUT THE OVERHEAD EASEMENTS THAT ARE LABELED ON THE BOTTOM? YEAH.
THE 20 FOOT ELECTRICAL EASEMENT.
IT SAYS EXTENDING 10 FOOT PAST THE UTILITY POLE, BUT IT DOESN'T PROVIDE A, A LOCATION WHERE IT COMMENCES, UH, OFF OF A DIAMOND HEAD DRIVE.
I JUST THOUGHT THAT WAS A REQUIREMENT, BUT I'M JUST ASKING AND I'M SEEING INDICATION ON DIAMOND HEAD DRIVE WHERE THOSE POLES ARE LOCATED.
I DON'T SEE ANY DIMENSIONS OR HOOKS OR ANYTHING.
SO JUST, OH, I, YEAH, I'M, AS FAR AS DIMENSIONS GO, I'D HAVE TO RESEARCH THAT.
I JUST THOUGHT THAT WAS A REQUIREMENT.
ANY OTHER QUESTIONS ON THE CONSENT AGENDA? NOW WE'LL ENTERTAIN A MOTION.
WE HAVE A MOTION TO APPROVE THE CONSENT AGENDA BY COMMISSIONER PROFIT AND A SECOND BY COMMISSIONER MILLER.
LET ME LET COMMISSIONER BUSA MONTE BACK IN.
IT IS TWO 10 AND COMMISSIONER BUSANTE HAS REENTERED THE MEETING AND WE WILL MOVE ON TO ITEM NUMBER 11.
[Comprehensive Master Plan Amendments ]
GOOD AFTERNOON.ALEXA RATANA PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 11 IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE ARENA DISTRICT EAST SIDE COMMUNITY PLAN FROM COMMUNITY COMMERCIAL TWO LIGHT INDUSTRIAL, LOCATED AT 1 4 2 GAMBLER ROAD.
THERE WERE 43 NOTICES SENT OUT.
ONE IN FAVOR, ZERO OPPOSED WITHIN 200 FEET.
AND UNITED HOMEOWNERS IMPROVEMENT ASSOCIATION IS IN SUPPORT.
THE PROPOSED PLAN AMENDMENT FROM COMMUNITY COMMERCIAL TO LIGHT INDUSTRIALS REQUESTED TO REZONE THE PROPERTY FROM C TWO COMMERCIAL DISTRICT TWO IDZ THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR A COMMERCIAL PARKING LOT, ANIMAL AND PET SERVICES, ENTERTAINMENT, VENUE AND FARM EQUIPMENT, CELL SERVICE OR STORAGE.
THE PROPOSED LIGHT INDUSTRIAL LAND USE IS NOT APPROPRIATE FOR THE PROPERTY AND SURROUNDING AREA.
WHILE ADJACENT LAND USES ARE DESIGNATED AS LIGHT INDUSTRIAL, THEY'RE CONCENTRATED AWAY FROM THE EXISTING RESIDENTIAL NEIGHBORHOOD.
THE SUBJECT PROPERTY DIRECTLY ABUT SINGLE FAMILY RESIDENCES AND CURRENTLY FUNCTIONS AS A TRANSITION BETWEEN MEDIUM DENSITY RESIDENTIAL TO THE EAST AND LIGHT INDUSTRIAL TO THE WEST.
THE PROPOSED CHANGE WOULD ELIMINATE THIS BUFFER ALLOWING FOR INDUSTRIAL ENCROACHMENT INTO A RESIDENTIAL AREA.
RECENT CITY INISH INITIATED AND PUBLIC INVOLVEMENT EFFORTS, SPECIFICALLY ESTABLISHED
[00:10:01]
THE CURRENT COMMUNITY COMMERCIAL DESIGNATION TO MITIGATE POTENTIAL ISSUES.STAFF RECOMMENDS DENIAL AND ZONING COMMISSION.
RECOMMENDATION IS PENDING THE OCTOBER 20TH HEARING.
THE APPLICANT'S REPRESENTATIVE IS HERE TO ANSWER ANY QUESTIONS.
THE APPLICANT LIKE TO ADDRESS THE COMMISSION.
VANESSA WAZER BROWN AND MCDONALD 100 NORTHEAST LOOP FOUR 10.
AS YOU KNOW, WE WERE HERE BEFORE.
I WON'T GO THROUGH THE WHOLE PRESENTATION.
I'LL LET YOU KNOW WHAT'S CHANGED.
UH, YOU HAD SEEN THE SITE PLAN EARLIER.
WE HAVE AMENDED OUR SITE PLAN TO INCLUDE A 25 FOOT LANDSCAPE BUFFER ON THE SIDE THAT ABUTS THE RESIDENTIAL USES.
UM, WE HAVE ALSO HAD, UH, MULTIPLE CONVERSATIONS WITH UHIA AND I PROVIDED A LITTLE TIMELINE HERE.
WE FIRST SUBMITTED THIS APPLICATION, AS YOU KNOW, FOR, UM, A LIGHT INDUSTRIAL ZONING REQUEST.
HOWEVER, AFTER SPEAKING WITH THEM, WE HAVE AMENDED IT TO IDZ THREE.
IT STILL REQUIRES A PLAN AMENDMENT.
THIS PLAN IS AN OLDER PLAN, DOESN'T REALLY HAVE A CATEGORY THAT COVERS OUR PROPOSED USES.
SO WE DO HAVE TO USE LIGHT INDUSTRIAL.
UH, MS. JACQUELINE WAS PLANNING TO BE HERE THIS AFTERNOON, BUT I SPOKE TO HER THIS MORNING.
SHE HAD A CONFLICT, WHICH IS WHY WE GOT THE LATE EMAIL THIS MORNING.
UH, AND HERE IT IS ON THE SCREEN FOR YOU GUYS.
UH, NOBODY SIGNED UP TO SPEAK, SO WE'LL MOVE TO COMMISSIONER QUESTIONS.
WE'LL START OVER THERE ON THE LEFT WITH COMMISSIONER BUSANTE.
NO QUESTIONS, NO QUESTIONS, NO QUESTIONS, NO QUESTIONS, NO QUESTIONS.
IF THERE'S NO MORE QUESTIONS, WE'LL ENTERTAIN A MOTION I MOVE TO SUPPORT THE APPLICANT'S REQUEST.
I SECOND, WE HAVE A MOTION TO SUPPORT THE APPLICANT'S REQUEST BY COMMISSIONER SIEGEL AND A SECOND BY COMMISSIONER PROFIT.
ITEM 12 IS REQUESTING A, UM, CONTINUANCE TO THE OCTOBER 14TH MEETING.
MOTION TO CONTINUE TO OCTOBER 14TH.
SECOND, WE HAVE A MOTION BY COMMISSIONER MILLER AND A SECOND BY, UH, COMMISSIONER PROFIT.
TO CONTINUE THE ITEM TO OCTOBER 14TH, PLEASE DO A ROLL CALL.
MOTION PASSES FOR CONTINUANCE.
MY NAME IS JOEL PAUL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 13 IS A REQUEST FOR APPROVAL.
APPROVAL OF A RESOLUTION TO AMEND THE SOUTH CENTRAL COMMUNITY PLAN FROM LOW DENSITY RESIDENTIAL AND MIXED USE TO MIXED USE.
LOCATED AT 7 1 7 PLEASANTON ROAD.
THERE WERE 35 NOTICES SENT OUT.
ONE IN FAVOR TO OPPOSE WITHIN 200 FEET.
THERE IS NO REGISTERED ANY WITHIN 200 FEET OF THE PROPERTY.
THE PROPOSED PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL AND MIXED USE TO MIXED USE IS REQUESTED TO REASON THE PROPERTY TO C TWO NA COMMERCIAL NON-ALCOHOLIC SALES DISTRICT.
THE PROPOSED MIXED USE LAND USE IS CONSISTENT WITH THE SURROUNDING PROPERTIES, LAND DESIGNATIONS AND USES.
THE AREA SURROUNDING THE SUBJECT PROPERTY ALONG PLEASANTON ROAD IS PRIMARILY DESIGNATED WITH A MIXED USE LAND USE CLASSIFICATION AS A SECONDARY ARTERIAL CORRIDOR.
THIS CLASSIFICATION IS APPROPRIATE FOR A RANGE OF COMMERCIAL AND RESIDENTIAL MIXED USES.
THE PROPERTIES CURRENTLY SPLIT WITH TWO DIFFERENT ZONING AND LAND USE DESIGNATIONS.
THE EASTERN PORTION OF THE PROPERTY IS ALREADY CONSISTENT WITH THE PROPOSED MIXED USE LAND USE.
HOWEVER, THE WESTERN PORTION REQUIRES A PLAN AMENDMENT BECAUSE ITS EXISTENCE ZONING AND PROPOSED ZONING ARE NOT CONSISTENT WITH ITS CURRENT LOAD DENSITY RESIDENTIAL LAND USE DESIGNATION.
THE PROPOSED PLAN AMENDMENT WILL THEREFORE ESTABLISH A COHESIVE LAND USE DESIGNATION ACROSS THE PROPERTY, SUPPORT THE PROPOSED ZONING, AND PROVIDE GREATER CONSISTENCY WITH SOUTH CENTRAL COMMUNITY PLAN.
STAFF RECOMMENDS APPROVAL, SORRY, ZONING COMMISSION RECOMMENDATION IS PENDING THE OCTOBER 6TH ZONING HEARING.
THE APPLICANT'S REPRESENTATIVE IS HERE TO ANSWER ANY QUESTIONS.
THE APPLICANT WOULD LIKE TO ADDRESS THE COMMISSION.
PATRICK CHRISTENSEN, THREE 15 ECOMMERCE HERE ON BEHALF OF THE GONZABA MEDICAL GROUP.
AS YOU MAY BE AWARE, THEY HAVE A MEDICAL COMPLEX DOWN HERE ON SOUTH PLEASANTON ROAD, SOME VARIOUS OFFICES.
UM, WE HAVE A NEW BUILDING THAT WILL BE UNDER CONSTRUCTION SOON RIGHT HERE.
AND THIS IS THE REASON WHY WE'RE HERE TODAY IS SO WE CAN BUILD A PARKING GARAGE ON THE PROPERTY.
YOU KNOW, THERE'S, THERE'S NOT ENOUGH PARKING AND ESPECIALLY
[00:15:01]
WHEN THEY BUILD THE NEW BUILDING, THEY WILL NEED ADDITIONAL PARKING.SO THAT BOUNDARY LINE BETWEEN THE, THE, THE, THE LOW DENSITY AND THE MIXED USES ABOUT RIGHT HERE.
SO WE NEED TO, UM, BASICALLY REZONE THE PROPERTY SO THAT WE CAN BUILD THE PARKING GARAGE.
INTERESTINGLY ENOUGH, THE PROPERTY HAS A CONDITIONAL DISTRICT FOR SURFACE PARKING BUT NOT FOR PARKING GARAGE.
SO THAT'S WHY WE'RE HAVING TO REQUEST A ZONING CHANGE AND REQUEST, UM, TO BUILD THE PARKING GARAGE.
AND HAPPY TO ANSWER ANY QUESTIONS.
I THINK THERE'S SOMEONE HERE TO SPEAK.
SO SELECT JUST A LITTLE BIT OF REBUTTAL TIME IF I CAN.
UH, JESSICA MORALES NAME AND ADDRESS FOR THE RECORD.
HELLO, MY NAME'S JESSICA MORALES.
AND, UH, THERE HAS BEEN MAJOR PROBLEMS FOR THE LAST 40 YEARS WITH GONZABA MEDICAL GROUP.
UH, MY HOUSE IS A RESIDENTIAL AND COMMERCIAL PROPERTY WHERE I LIVE.
I'VE NEVER SEEN ANYTHING LIKE THIS IN MY LIFE.
UM, MY PARENTS ARE ALREADY DECEASED, SO I'M SPEAKING ON THEIR BEHALF, LEE AND TONY MORALES.
BEFORE I WAS BORN 1963, MY FATHER ASKED THE CITY TO INSTALL NO PARKING SIGNS IN FRONT OF OUR PROPERTY IN FRONT OF OUR HOME.
THOSE NO PARKING SIGNS, TOW AWAY ZONE HAVE BEEN THERE BEFORE 1963.
SO THOSE SIGNS WERE THERE WHEN MY OTHER SIBLINGS WERE BORN.
AND THERE'S BEEN FOR THE LAST 40 YEARS, EVER SINCE, UM, GONZABA MEDICAL GROUP DECIDED TO COME TO OUR NEIGHBORHOOD AND DECIDE TO, UH, HE GOT IT IN HIS HEAD TO BUILD A MEDICAL CENTER DOWN THERE.
ALL OF THE NEIGHBORS, HE HAS BOUGHT THEIR PROPERTIES.
ALL THE SENIORS, HE HAS BOUGHT THEIR PROPERTIES.
HE HAS GONE TO OUR HOME SO MANY TIMES.
I HAVE HAD CONVERSATIONS WITH HIM, MY MOTHER'S HAD CONVERSATIONS WITH HIM.
WE'VE GONE TO THE, TO THE FACILITY.
UM, AND THEY'RE STILL PARKING IN FRONT OF OUR HOUSE.
AND IT HAS MAGNIFIED THE WHOLE SITUATION.
AND I WANNA LIVE IN PEACE WHATEVER DAYS I HAVE LEFT IN MY LIFE.
AND I CANNOT LIVE IN PEACE WITH ALL THIS CONSTRUCTION.
FOR 40 YEARS HE'S BEEN BUILDING AND HE BOUGHT SOME MORE PROPERTY.
HE BOUGHT, UH, 6 0 9 PLEASANTON ROAD AND DOWN THE STREET ON SAYERS.
HE BOUGHT THAT PROPERTY AS WELL.
UM, NO ONE ELSE ASSIGNED TO SPEAK.
SO WE'LL GIVE, UH, MR. CHRISTENSEN A, UH, CHANCE FOR REBUTTAL.
UM, PATRICK CHRISTENSEN, AGAIN, I MEAN, I CERTAINLY APOLOGIZE FOR THE PROBLEMS THAT, THAT SHE'S HAD.
UM, WE'RE TRYING TO BUILD THE PARKING GARAGE TO ADDRESS SOME OF THE, THE PARKING, YOU KNOW, PEOPLE PARKING ON THE STREETS IN FRONT OF HOUSES AND THINGS LIKE THAT.
UM, SO THAT WE CAN ADDRESS IT.
AND I WILL REACH OUT TO THE GONZABA GROUP ABOUT HER, HER, HER CONCERNS TODAY.
NOBODY ELSE HAS SIGNED UP TO SPEAK, SO WE'LL MOVE TO COMMISSIONER QUESTIONS.
WE'LL START ON THE RIGHT WITH COMMISSIONER MILLER.
I HAVE A QUESTION FOR THE APPLICANT'S REPRESENTATIVE, PLEASE.
SO, MS. MORALES'S PROPERTY IS 1 44 WEST HART, CORRECT.
UH, WHICH IS JUST NORTH OF THE MAIN MEDICAL GROUP CENTER
[00:20:01]
FOR GONZABA AND ACROSS THE STREET FROM THE PROPERTY IN QUESTION, CORRECT? CORRECT.I BELIEVE IT'S THAT RED EX ON THE TOP RIGHT THERE.
UM, BUT THERE IS A PARKING LOT JUST NORTH WHERE THAT YEAH, THAT'S WHERE THE X IS.
SO JUST TO THE LEFT OF THE X THERE, WHAT IS THE PLANNED USE GIVEN THE PARKING GARAGE? AND GIVEN THAT THEY DO HAVE, UH, YOU KNOW, OFFICERS AND OTHERS TO HELP PEOPLE GET ACROSS PLEASANTON, WHAT IS THE PLAN FOR THAT PARKING LOT? I BELIEVE IT'S TO LEAVE IT AS IT IS, BUT I WILL CERTAINLY ASK THAT QUESTION OF THE GONZABA FOLKS.
I, I'D LIKE AN ANSWER BEFORE ZONING.
IF, IF YOU RECALL, WHEN WE DID THE LAST REZONING A FEW MONTHS AGO, UM, WE DID PROMISE TERRY CASTILLO THE COUNCILWOMAN, THAT WE WOULD NOT BE PURCHASING ANY MORE SINGLE FAMILY HOMES IN THE NEIGHBORHOOD.
SO WE HAVE, WE HAVE COMPLIED WITH THAT THUS FAR.
AND WE'RE GONNA HAVE SOME UDC STUFF ON THAT TOO.
IS THERE ANY FOLLOW UP QUESTIONS? NOW I'LL ENTERTAIN A MOTION.
SECOND, WE HAVE A MOTION FOR APPROVAL BY COMMISSIONER PROFIT AND A SECOND BY COMMISSIONER LOPEZ.
[Other Items ]
OH, THANK YOU, SIR.WELL, GOOD AFTERNOON COMMISSIONERS.
UM, CLAYTON WALLACE, INTERIM PRINCIPAL PLANNER HERE WITH DEVELOPMENT SERVICES.
ITEM NUMBER 17 IS A APPEAL OF A CERTIFICATE OF DETERMINATION OF, UH, 3 5 9 9 WEST WOODLAWN.
I KNOW THE, UM, THE ITEM SAYS WEST WOODLAND.
UM, SO TO GET INTO THE CERTIFICATE OF DETERMINATION, I WANNA START AT THE TOP AND THEN WORK OUR WAY DOWN.
SO, WHEN IS A PLAT REQUIRED? I KNOW WE TALKED ABOUT THIS LAST TIME WE HAD ONE, BUT SECTION 35, UH, FOUR 30 A ONE OF THE SAN ANTONIO UDC STATES THAT THE OWNER OF A TRACT OF LAND SITUATED WITHIN THE CITY, SAN ANTONIO CITY LIMITS, OR THE ETJ, SHALL CAUSE A PLA TO BE MADE, UM, AVAILABLE FOR A NEW UTILITY SERVICE REQUEST OR A MAJOR BUILDING PERMIT.
SO NEW CONSTRUCTION ADDITIONS, THAT'S WHEN YOU HAVE TO HAVE A PLA WE HAVE 18 REASONS WHY YOU DON'T HAVE TO PLA UH, 35, 430 C GETS INTO THOSE.
AGAIN, MOST COVER SINGLE FAMILY NON INHABITABLE, UM, OTHER TYPES OF LOW IMPACT DEVELOPMENT.
WE HAVE SOME EXCEPTIONS FOR MULTIFAMILY AND COMMERCIAL USES, BUT MOST ARE FOR SINGLE FAMILY.
UM, AND, AND SOME EXISTING USES.
SO LET'S GET INTO THE APPLICATION.
SO, UH, COD NUMBER 26 DASH 1 0 6 0 0 3 2 4.
AGAIN, UH, 35 9 9 WEST WOODLAWN AVENUE.
THIS WAS FILED IN JULY, JULY 9TH, 2026.
THE APPLICANT INTENDED TO BUILD A NEW SINGLE FAMILY HOME ON AN ANTIQUATED LOT 23.
SO THEY REQUESTED NEW UTILITY CONNECTIONS AND NEW OR NOT NEW BUILDING PERMITS, BUT BUILDING PERMITS.
SO THIS IS THE KIND OF KEY TO STAFF'S ARGUMENT AND THE, THE REASON FOR OUR DENIAL.
SO IF YOU LOOK AT THE MAP, UH, THIS IS THE PROPERTY IN QUESTION, IT'S THIS TRIANGLE RIGHT HERE.
SO THE LOT IS LOCATED WITHIN THE 100 YEAR FLOODPLAIN.
WHEN WE'RE LOOKING AT THESE APPLICATIONS, WE'RE NOT LOOKING AT BUILDING PLACEMENT, WE'RE NOT LOOKING AT PERMITS.
WE ARE LOOKING AT WHAT IS YOUR INTENDED USE AND WHAT ARE THE, IS THE, THE CHARACTERISTICS OF THE LOT.
SO WHEN WE LOOK AT THIS, WE SEE A LOT THAT IS IN THE FLOOD PLAIN, AND THEY WANT A HABITABLE USE FOR A NEW SINGLE FAMILY HOME.
SO THIS IS THE TOP OF OUR PLAT EXEMPTION SECTION.
GETTING INTO IT RIGHT OFF THE BAT, HABITABLE USES WITHIN THE REGULATORY FLOOD PLAIN SHALL ALWAYS REQUIRE PLATTING, NOT SOMETIMES, NOT OCCASIONALLY, WILL ALWAYS REQUIRE PLATTING.
AND SO BASED ON THAT STATEMENT ALONE, STAFF FOUND THAT THE, UH, PROPERTY DID NOT QUALIFY FOR A CERTIFICATE OF DETERMINATION.
LET'S SAY WE'RE GONNA LOOK AT AN EXCEPTION.
SO, UH, OUR MAIN SINGLE FAMILY EXCEPTION FOR NEW SINGLE FAMILY CONSTRUCTION, 35,430 C6.
SO THE PROVISIONS FOR BUILDING PERMIT UTILITY SERVICE FOR NOT MORE THAN ONE DETACHED SINGLE FAMILY DWELLING UNIT.
UM, SO ON AN UN PLATTERED OR ANTIQUATED TRACK SHALL NOT HAVE TO PLOT IF THEY MEET ALL THE FOLLOWING REQUIREMENTS.
G NO DWELLING UNIT WILL BE LOCATED WITHIN A REGULATORY FLOODPLAIN.
SO AGAIN, WHEN WE'RE LOOKING AT THE LOT, IT'S IN THE FLOODPLAIN.
SO BASED ON THOSE FINDINGS, THE PROPERTY WOULD NOT QUALIFY FOR THE EXCEPTION.
SO WHAT'S YOUR ROLE, UM, WHAT IS BEING ASKED TO YOU NOW WITH THIS APPEAL? IS, WAS STAFF CORRECT IN ITS REVIEW OF THIS APPLICATION BASED ON WHAT WAS SUBMITTED? SO BASED ON WHAT
[00:25:01]
WE HAVE WERE OUR FINDINGS, CORRECT? YES OR NO.AND AGAIN, TO GO THROUGH THE APPLICATION, IT WAS FOR A NEW SINGLE FAMILY RESIDENTIAL HOME ON AN ANTIQUATED LOT WITHIN THE 100 YEAR FLOODPLAIN.
AND WE CAN'T REVIEW, WE CAN'T CONSIDER THE BUILDING PERMIT OR THE BUILDING LOCATION, WE'RE JUST LOOKING AT THE LOT.
SO THAT'S WHERE THE APPLICATION YOU HAVE IN FRONT OF YOU.
UM, BASED ON THAT INFORMATION, IT WAS UNABLE TO QUALIFY UNDER ANY OF OUR PLOTTING EXEMPTIONS BASED ON ITS LOCATION IN THE 100 YEAR FLOODPLAIN.
AND STAFF RECOMMENDS YOU UPHOLD OUR DENIAL.
SO, AND I KNOW THE APPLICANT IS HERE, UM, AND WITH THEIR REPRESENTATIVE.
AND THEN WE ALSO HAVE STORM WATER, UH, TO ANSWER ANY ADDITIONAL QUESTIONS.
UH, WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION WITH ORAIN? GOOD AFTERNOON.
AND, UH, YOU KNOW, THIS IS A PROPERTY THAT WE, CAN YOU STATE YOUR ADDRESS PLEASE? OH, MY, MY ADDRESS IS 42 10 APPLE TREE WOODS, SAN ANTONIO, TEXAS.
UM, SO NOW THIS PROPERTY, UH, LIKE THEY SAID, YOU KNOW, LIKE THE LOT IS LOCATED WITHIN A 100 YEAR STUDY AREA OF THE FLOOD PLANE, RIGHT? UH, SO WE, WE APPLIED FOR THE CERTIFICATE TERMINATION AND IT WAS DENIED, RIGHT? SO THAT'S THE, THAT'S THE LETTER OF DENIAL RIGHT THERE.
NOW, UH, THE STAFF DENIAL BASIS RIGHT THERE HIGHLIGHTED IS RESIDENTIAL USE ON A LOT WITHIN THE REGULATORY FLOOD.
WE'RE NOT SAYING IT'S NOT, RIGHT? IT SAYS HABITABLE USES WITHIN THE, WITHIN THE REGULATORY FLOOD MAIN SHALL ALWAYS REQUIRE PLANNING, RIGHT? SO, UH, OUR AGREEMENT ON THIS IS A HABITABLE USE LOCATED WITHIN THE REGULATORY FLOOD MAIN SHOULD REQUIRE PLANNING.
WE AGREE WITH THAT, RIGHT? THE QUESTION IS WHETHER THIS PROPOSED HABITABLE USE IS ACTUALLY WITHIN THE REGULATORY FLOOD PLAIN, RIGHT? UH, AND IT'S NOT, RIGHT? UH, THE, THE ACTUAL HOUSE THAT IS BEING, UH, ADDED INTO THE LOT IS NOT IN THE, IS NOT IN THE FLOOD PLAIN, RIGHT? SO THE STATEN DENIAL, UH, YOU KNOW, THEY ARE BASING THEIR CELLS BECAUSE THE FLOOD PLAIN TOUCHES A SMALL PIECE OF THE LOT, RIGHT? BUT THE CODE RIGHT IS VERY CLEAR IN UDC 35 OR 30 SECTION C SUBSECTION SIX, IT SAYS NO DWELLING UNIT, RIGHT? DWELLING UNIT, NOT LOT, RIGHT? SO WE'LL BE LOCATED WITH THE REGULATORY FLOPPING AND WE AGREE WITH THAT.
YOU KNOW, WE'RE NOT PAYING THE, THE HOUSE IN, IN THERE, RIGHT? UH, IMAGE IS NOT OKAY, SUPER CLEAR.
BUT YOU GUYS CAN SEE EXCUSE, LIKE LOCKED LANE IS LIKE RIGHT THERE, RIGHT? SO HOUSE DRIVEWAY NOT TOUCHING.
THERE'S A POINTER HE CAN USE IF OH, THANK YOU.
SO YOU GUYS CAN SEE, I WANNA TRY TO BE LIKE, RIGHT THERE IS A FLAT LANE, RIGHT? AND THIS IS A, JUST TO MENTION, THIS IS A STUDY AREA.
IT'S NOT AN UNSTEADY AREA, RIGHT? WHICH MEANS, YOU KNOW, UH, YOU KNOW, WE HAVE ELEVATIONS OF THE, OF THE FEMALE FLOOD PLANE.
UH, ONE OTHER THING TO MENTION, WHEN WE SUBMITTED THE ORIGINAL CERTIFICATE DETERMINATION, THERE USED TO BE A HOUSE IN THERE IN 1995, RIGHT? THIS IS AN ANTIQUATED PLAT, RIGHT? IT'S NOT A PORTION OF A PLAT, RIGHT? UH, BUT I THINK THEY DON'T HAVE ANYTHING, UH, IN QUESTION ON THAT, RIGHT? SO, SO OUR REQUEST IS THAT THEY REVERSE THE DENIAL, RIGHT? BASED ON THE FACT THAT 35 4 30 C SIX, IT SAYS DWELLING UNIT NOT LOT, RIGHT? I DON'T KNOW HAVING BEEN DOING THIS FOR PREVIOUS TIME, BUT IT IS, YOU KNOW, THE LAW IS A LAW.
YOU KNOW, WHAT IS WRITTEN IN THERE? IS WRITTEN IN THERE, RIGHT? SO I DON'T KNOW IF I CAN GO, I HAVE A, LIKE A COUPLE OF PICTURES IF YOU CAN OPEN ALL I, YEAH, LIKE RIGHT HERE.
SEE, LIKE, UH, UH, RIGHT THERE? OH, YOU GO ONE, YOU CAN OPEN ALL OF THEM.
I MEAN, JUST, OKAY, SO CAN YOU GO UP A LITTLE BIT LIKE THAT RIGHT THERE? SEE THAT THIS ONE, IT'S FROM THE UDC, RIGHT? SECTION SIX DASH 36 DEFINITIONS, RIGHT? DWELLING UNIT MEANS ONE OR MORE HABIT ROOMS, INCLUDING AN EFFICIENCY UNIT, WHICH IS INTENDED TO BE OCCUPIED BY ONE OR MORE PERSONS FOR LIVING, SLEEPING, COOKING, EATING, AND I GUESS GOING TO THE RESTROOM, RIGHT? SO IT,
[00:30:01]
THE CODE OF THE CITY OF SAN ANTONIO IS VERY CLEAR.DWELLING UNIT IS NOT LOCKED, RIGHT? THERE'S A LOT OF PROPERTIES WITHIN THE CITY OF SAN ANTONIO THAT HAVE A SECTION OR A PORTION OF THE LOT WITHIN THE FLOOD PLAIN.
BUT THE ACTUAL CHURCH OR HOUSE OR THE STRUCTURE, THE HABITABLE STRUCTURE IS NOT IN THE FLOOD PLAIN, RIGHT? SO THAT'S, THAT'S NORMAL, RIGHT? AND THAT'S THE CODE.
UH, CAN YOU OPEN THE OTHER ONES? UH, ALRIGHT, SO, SO THIS ONE IS INFORMATION BULLETIN 5 72, RIGHT? WHICH IT, IT, IT SAYS LIKE, YOU KNOW, THE REQUEST FOR EXCEPTIONS.
IF YOU CAN GO TO THE NEXT PAGE, PLEASE.
WHERE CAN I, YEAH, SEE EVERYTHING IN THERE.
LIKE, EVERYTHING IN YELLOW, IT'S LIKE STRAIGHTFORWARD.
THE ONLY ONE IS G, RIGHT? G IS A SNOW DWELLING UNIT, WILL BE LOCATED WITHIN THE REGULATORY FLOOD DWELLING UNIT.
NOT A LOT, RIGHT? AND, AND THEN THAT'S IT.
UH, THAT'S JUST, I GUESS BACKGROUND INFORMATION.
THE ANTIQUATED PLAT, RIGHT? UH, THAT'S THE ORIGINAL LOT RIGHT THERE HIGHLIGHTED.
YOU KNOW, IT'S PRETTY SMALL, LIKE RIGHT THERE IN YEAH, RIGHT THERE.
RIGHT THERE, RIGHT? SO, UH, YOU KNOW, IT'S, IT'S STILL THE, THE SAME, THE SAME LOT.
UM, AND THEN THE PICTURES, NOTHING ELSE.
UH, THOSE ARE JUST SOME IMAGES, YOU KNOW, SHOWING, UH, YOU KNOW, WHERE THE TRACK IS LOCATED.
AS YOU CAN SEE, UH, THROUGH THE IMAGES.
YOU KNOW, THERE'S, UH, UH, YOU KNOW, JUST PORTIONS OF SIDEWALK, YOU KNOW, RAMPS, UH, UH, ON THE LOT.
I MEAN, MOSTLY THERE'S NO SIDEWALKS.
THAT ONE IS WHEN THE CITY OF SAN ANTONIO HAD LIKE A CAPITAL IMPROVEMENTS PROJECT.
AND, YOU KNOW, THEY DID WORK ON THE, ON THE AREA.
AND LASTLY, AND LASTLY, THIS ONE, UH, LIKE I MENTIONED, LIKE, YOU KNOW, THE, YOU KNOW, WITHIN THE CITY OF SAN ANTONIO, YOU CAN GO AND CHECK, YOU KNOW, FLOODPLAINS, YOU CAN ALSO GO AND CHECK FLOODPLAINS WITH FEMA.
UH, BUT ULTIMATELY THE MOST, UH, RECENT ONE OR THE MOST ACTUAL DAY IS SAN ANTONIO RIVER AUTHORITY.
SO IN HERE, YOU CAN SEE IN THERE WE HAVE, UH, CROSS SECTIONS, RIGHT? THAT DEFINE THE, YOU KNOW, EACH ONE OF THESE CROSS-SECTIONS AS A BASE FLOOD ELEVATION, RIGHT? AND ALL THOSE FLOOD ELEVATIONS, YOU KNOW, ARE, YOU KNOW, PRETTY MUCH WHERE, WHERE THEY MARK.
UH, AND IT'S A STUDY AREA, WHICH MEANS, YOU KNOW, THERE'S NO DETAIL STUDY TO BE ADDED IN INTO HERE, RIGHT? SO WE HAVE A PRETTY GOOD UNDERSTANDING NOW, UH, FROM WHERE THE EDGE OF THE PA IS.
IT'S, UH, YOU KNOW, WE ARE GONNA BE, WELL, WELL, WELL ABOVE LIKE TWO TO THREE FEET, UH, FROM THE, ON THE, ON THE DWELLING UNIT FROM THE, FROM THE EDGE OF THE PA, RIGHT? UH, ADDITIONALLY WE WERE THINKING, YOU KNOW, WHEN WE SUBMIT, YOU KNOW, CITY MAY REQUIRES SIDEWALKS.
SO THE MOMENT WE ADD A SIDEWALK THAT'S LIKE SIX INCHES THAT GETS ADDED, RIGHT? WHICH, WHICH WILL, YOU KNOW, VERY LIKE, LIKE REDUCE THAT FLOOD PAINT TO KIND BE WITHIN THE CURVE OF THE, WITHIN THE CURVE OF THE, OF THE, OF THE SIDEWALK OR THE CURVE ON, ON THE STREET, RIGHT? UH, SO THAT'S PRETTY MUCH IT, RIGHT? I MEAN, WE JUST WANNA MAKE VERY CLEAR, YOU KNOW, I KNOW, I KNOW THE CITY HAS BEEN DOING, YOU KNOW, SOMETHING, UH, YOU KNOW, LIKE, WHICH IS, YOU KNOW, THEY JUST SAY FLOOD PLAIN AND THAT'S IT.
BUT I MEAN, THE CODE DOES NOT SAY LOT.
THE CODE SAYS DWELLING, RIGHT? AND IT'S NOT THE ONLY PROPERTY WITHIN SAN ANTONIO THAT, YOU KNOW, THERE'S PROPERTY THAT HAVE LIKE, YOU KNOW, A CREEK GOING THROUGH THEM WITH JUNE BUILDING THERE, RIGHT? I MEAN, BUT, BUT YOU KNOW, IT CAN BE, YOU CAN BUILD OUTSIDE OF IT, YOU KNOW, SOMETIMES IN, IN SOME JURISDICTIONS THEY'RE REQUIRED TO BE ONE FEET ABOVE, TWO FEET ABOVE, YOU KNOW, WE WILL FOLLOW ALL THE REQUIREMENTS FOR THE BUILDING PERMIT, RIGHT? WE'RE JUST REQUESTING THAT, YOU KNOW, THE CERTIFICATE DETERMINATION IS ISSUE.
AND THE REASON FOR THAT IS BECAUSE THERE WAS ALREADY A HOUSE IN THERE.
YOU KNOW, WE ARE NOT VIOLATING ANY, ANY FLOOD PLANE LOSS, RIGHT? AND, AND, UH, AND THEN, AND THEN TIMING, RIGHT? UH, YOU KNOW, IT'S, IT HAS ALL THE RIGHTS, YOU KNOW, ON, ON OUR POINT OF VIEW TO BE ABLE TO, TO DO A BUILDING PERMIT.
BUT FOR A BUILDING PERMIT, WE NEED A COD OR WE NEED A PLA.
NOW IN THE CASE THEY SAY THAT, YOU KNOW, WE WANT TO DO A PLA A PLAID'S NOT
[00:35:01]
GONNA CHANGE ANYTHING.THE FLOOD PLANE IS A FLOOD PLANE, RIGHT? WE, WE'LL CHECK THAT, YOU KNOW, WE'LL ADD IT, WE, WE'LL DO A STORM DRAINAGE ANALYSIS, WE'LL SHOW IT, BUT IT'S NOT GONNA CHANGE IT.
I MEAN, IT'S NOT GONNA, IT'S NOT GONNA AFFECT ANYTHING.
SO, SO IT'S KIND OF LIKE, WHY ARE WE HAVING TO DO THAT IF WE ARE FOLLOWING THE CODE? NORMALLY WITHIN CTON ANTONIO, WHEN YOU SUBMIT FOR A BUILDING PERMIT AND, AND YOU HAVE A PORTION, SOMETHING TOUCHING THE LOT, THEN THERE'S A FLOOD PLAN PERMIT, RIGHT? AND WE'LL DO THAT, YOU KNOW, WE'LL APPLY FOR A FLOOD PLAN PERMIT, WHICH IS GONNA SAY, AND WE, WE'LL DO ELEVATION CERTIFICATES, WHICH THEY SAY, HEY, THIS IS THE, THIS IS THE HOUSE, YOU KNOW,
SO, YOU KNOW, WE HAVE NO RESTRICTING ACCESS.
YOU KNOW, THEY CAN JUST COME OUT OF THE LOT, LIKE, LIKE THE PLANT SHOW COME OUT OF THE LOT INTO THE STREET RIGHT THERE, AND THEN GO AWAY FROM THE FLOOD PLAIN.
IT'S LIKE, YOU KNOW, IF WE HAVE ALL OF THAT INUNDATED, ALL OF THAT INUNDATED, THEN YEAH, THAT'S A DIFFERENT SCENARIO, RIGHT? BUT IN HERE, IT'S KIND LIKE WE CAN GO IN AND OUT OF THE PROPERTY, RIGHT? SO IT JUST THAT IF YOU CAN JUST GO REAL QUICK TO THE PRESENTATION, PLEASE.
AND BY THE WAY, LIKE THE, THE NUMBERS ON THE ELEVATIONS FROM THE, UH, SERUM MODEL, IT'S, UH, YOU KNOW, THOSE ELEVATIONS ARE EVEN LOWER.
SO THE, THE PORTION THAT IS ACTUALLY TOUCHING IS, IS REALLY, REALLY SMALL.
IT'S LIKE PRETTY MUCH JUST THE CORNER, LIKE, YOU KNOW, THAT, THAT YOU SEE RIGHT THERE.
IT'S, IT'S LIKE, LIKE HALF OF THAT, RIGHT? HALF OF THAT, RIGHT? UH, AND AGAIN, UH, I GUESS I'LL JUST LEAVE IT ON THIS ONE.
YOU KNOW, UDC, WHAT UDC SAYS, RIGHT? DWELLING UNIT AND, AND YOU KNOW, I GOT THE DESCRIPTION ALSO FROM THE UDC, YOU KNOW, DWELLING UNIT HABIT USES, YOU KNOW, IT'S, I GUESS IT'S A RESIDENCE, RIGHT? WHERE YOU LIVE, YOU COOK, UM, GO TO THE RESTROOM AND THAT IS ALL.
THANK YOU VERY MUCH FOR LISTENING.
UH, NOBODY SIGNED UP TO SPEAK, SO GO TO COMMISSIONER QUESTIONS.
START WITH COMMISSIONER BUSTAMONTE.
ALRIGHT, SO I GUESS THIS IS GONNA BE TO STAFF.
ALRIGHT, SO 35 4 30 C SAYS VERY CLEARLY THAT HABITAL USES WITHIN THE REGULATORY FLOODPLAIN SHALL ALWAYS REQUIRE PLATTING, RIGHT? CORRECT.
AND THAT'S A GENERAL STATEMENT.
AND REGARDING ALL PLATTING, THAT'S A GENERAL STATEMENT REGARDING ALL PLATTING AND APPLIES TO ALL OF OUR PLATTING EXCEPTIONS.
EXCEPT FOUR 30 C SIX SPECIFICALLY CALLS OUT AN EXCEPTION FOR NOT MORE THAN ONE DETACHED SINGLE FAMILY DWELLING UNIT.
RIGHT? SO I, AGAIN, I, LIKE I SAID AT THE START, WE DON'T CONSIDER BUILDING PLACEMENT.
AND SO WHEN YOU'RE TALKING ABOUT A DWELLING UNIT, REALLY WE'RE, WE'RE TALKING ABOUT THE LOT WE'RE WE DON'T LOOK AT PLANS BECAUSE A CERTIFICATE OF DETERMINATION CARRIES WITH THE LOT.
SO LET'S SAY THEY BUILD THE HOUSE, THEY DEMO THE HOUSE, THIS COULD QUALIFY THEM FOR ANOTHER HOUSE.
SO WE, WE CAN'T BASE IT ON PLANS.
OKAY? AND I GUESS MY PROBLEM IS AS A GENERAL RULE, YOU KNOW, IF THIS EXCEPTION IS CALLED OUT SPECIFICALLY FOR A DETACHED SINGLE FAMILY DWELLING UNIT, WHICH FLIES IN THE FACE OF THE GENERAL RULE, AND AS A RULE, THE MORE SPECIFIC EXCEPTION SHOULD CARRY THE DAY, IN MY OPINION, I CAN RESPOND.
SO TH FOUR 30 C IS TALKING ABOUT ALL PLAT EXCEPTIONS.
SO AS YOU KNOW, CHAPTER 2 1 2 SAYS PLATTING APPLIES DURING THESE TIMES.
AND THE CITY CAN STATE WHEN A PLAT WOULDN'T APPLY AND A PLATTING EXCEPTION IN WHICH CATEGORY IT WOULD FALL INTO.
SO FOUR 30 C STATES THAT ALL HABITABLE USES WITHIN THE FLOODPLAIN MUST PLAT.
AND SO IF THERE ARE NOT, IF THERE ARE OTHER CATEGORIES OF USES, THEN THEY COULD APPLY FOR ONE OF THESE PLAT EXEMPTIONS, BUT NOT A HABITABLE USE WITHIN THE FLOODPLAIN.
AND AS CLAY WAS MENTIONING BEFORE, THE, THE PLATTING EXCEPTION WOULD APPLY TO THE ENTIRETY OF THE LOT, NOT JUST THIS LOCATION THAT THEY'RE PROPOSING.
ALRIGHT, I'M STILL NOT QUITE CONVINCED, BUT THOSE ARE MY QUESTIONS.
OKAY, I GOT A BUNCH OF QUESTIONS ON THIS ONE.
SO IF YOU GO THROUGH THE UDC FROM 87 ALL THE WAY TO TODAY, THAT SECTION THAT YOU'RE USING TO SAY NO, UH, WASN'T ALWAYS THERE.
IT USED TO BE TIED TO WHEN YOU WERE JUST PLATTING LAND AND NOT DOING ANYTHING, YOU WERE JUST SUBDIVIDING.
[00:40:01]
YOU KNOW, THE PROVISION THAT WE ARE TALKING ABOUT CAME, CAME INTO EFFECT DURING THE 2015 REVISION CYCLE.WERE A LOT OF THESE SUBSECTIONS WERE ADDED AND THAT SPECIFIC SUBSECTION THAT SAYS THE DWELLING UNIT ITSELF CAN, IS NOT TO BE IN THE FLOODPLAIN, WAS ADDED WHILE THE PREAMBLE UNDER SEA ROOT WAS THERE.
SO WHY ON EARTH WOULD THE CITY ADD THAT SECTION IF THE INTENT OF THE CITY WAS NOT TO ALLOW IN THAT INSTANCE FOR YOU TO DO IT? SO THAT'S ONE QUESTION.
THE SECOND QUESTION IS, IF YOU'RE SAYING THAT IT APPLIES TO ALL PLAID EXCEPTIONS, THEN WHAT DOES THE CITY DO WHEN THE FLOOD PLAIN CHANGES? IT CHANGES ALL THE TIME AND IT'S GOING TO CHANGE ALL THE TIME.
SO UNDER THE DIFFERENT, UH, EXCEPTIONS, ONE OF THE EXCEPTIONS SAYS THAT IF YOU HAVE AN EXISTING STRUCTURE AND YOU WANT TO DO MINOR REPAIRS, YOU CAN BE EXEMPT FROM PLANNING IF YOU HAVE AN WEIGHTED PLA.
AND SO IF I HAVE A HOUSE THAT WERE ONE LITTLE SNIPPET OF THE CORNER OF MY LOT IS ALL OF A SUDDEN IN THE FLOODPLAIN WHEN THE FEMA MAT CHANGES AND MY ROOF FAILS, OR I HAVE A PROBLEM WITH MY ELECTRIC METER, I'M NOT ALLOWED TO FIX IT ANYMORE BECAUSE I CAN'T GET A TRADE PERMIT BECAUSE YOU'RE NOT GONNA GIVE SOMEBODY A COD BECAUSE ALL OF A SUDDEN I'VE GOT A LITTLE SNIPPET OF FLOODPLAIN ON MY PROPERTY.
SO I'D LIKE TO KNOW HOW THE CITY EVALUATES THOSE CONDITIONS ON THE FIRST ONE, IF YOU'RE ASKING WHAT WAS THE, UH, INTENT IN 2015 WHEN THEY WROTE IT, I DUNNO IF I'D NECESSARILY BE ABLE TO ANSWER THAT.
UM, BUT ON ON THE SECOND ONE, AGAIN, THESE, THESE ARE REVIEWED ON A CASE BY CASE BASIS.
UM, SO IN, IN YOUR SCENARIO WHERE THEY HAVE, WE'RE, WE'RE DOING THE, UM, THE PERMIT ONE, AGAIN, WE, WE CAN REVIEW IT AT THAT POINT AND IT'S SOMETHING THAT WE CAN ASK STORMWATER.
UM, BUT THAT, THAT'S WHY THERE'S, THESE ARE ALL REVIEWED CASE BY CASE.
UM, I, I CAN'T SAY BLANKET THAT YOU, YOU KNOW, WE WOULD SAY, NO, YOU CAN'T GET A REROOF PERMIT, BUT IF YOU'RE APPLYING FOR AN ADDITION AND YOU HAVE FLOODPLAIN, YEAH, WE WOULD SAY YOU NEED A PLAT.
THAT'S THE PROBLEM IS THAT ONE OF THE EXCEPTIONS APPLIES TO ANTIQUATED LOTS SUCH AS THIS.
AND IF YOU'RE SAYING THAT NONE OF THE PLAID EXCEPTIONS APPLY WHEN THERE'S FLOODPLAIN TOUCHING A AN ANTIQUATED PLAID LOT, THEN NOBODY SHOULD BE ABLE TO REPAIR THEIR HOME IF THE FLOODPLAIN HAPPENS TO CREEP ON THEIR PROPERTY.
AND THAT, AND I CAN'T BELIEVE THAT'S THE CASE.
AND SO THE ONLY LOGISTICAL SOLUTION, I MEAN, I'M SORRY, THE ONLY LOGISTICAL, UH, ANSWER I CAN COME UP TO IS THAT IN 2015 WHEN THAT SECTION WAS ADDED, IT WAS TRULY THE INTENT OF THE CITY TO ALLOW IN THOSE INSTANCES WHERE THE HABITABLE USE WAS SPECIFICALLY NOT ON THE FOOT PLANE, THAT EXCEPTION WOULD APPLY.
THE ONLY WAY THAT THE LOGIC MAKES SENSE, I I KNOW I, I'LL, I'LL RESPOND TO, AGAIN, CAN'T TALK TO THE THE 2015 INTENT.
UM, BUT IN TERMS OF TRYING TO LOOK AT CONFLICTS HERE, YOU'RE LOOKING 35, 430 C STATES THAT HABITABLE USE IS WITHIN THE FLOOD PLAIN SHALL ALWAYS REQUIRE PLATTING.
SO IF YOU'RE LOOKING AT OTHER SPECIFIC PLATTING EXEMPTIONS WITHIN THAT, WHERE IF YOU, IF IF YOU DON'T HAVE A HABITABLE USE WITHIN A FLOODPLAIN, THEN THESE OTHER PLATTING EXEMPTIONS APPLY, UH, APPLY.
THEN I BELIEVE THAT THE ONES THAT YOU'RE LOOKING AT, SO THERE'S LIKE SUBSECTION FIVE AND SUBSECTION SIX, THEY'RE JUST REITERATING THE FACTS OF SUBSECTION FIVE.
F IS ANOTHER WAY THAT YOU CAN GET A PLAT EXCEPTION.
IT STATES NO DWELLING UNIT WILL BE LOCATED WITHIN A REGULATORY FLOOD PLAIN SUBSECTION SIX STATES, A AGAIN, A DI A DIFFERENT PLATTING EXCEPTION, NO DWELLING UNIT WILL BE LOCATED WITHIN A REGULATORY FLOOD PLAIN.
AND THEN YOU GO TO, UM, SUBSECTION, LET'S SEE, UM, LEMME FIND THE NEXT ONE HERE, ANOTHER PLATTING EXCEPTION.
SO, UH, 15 IF APPLICABLE EXISTING BUILDING SHALL COMPLY WITH THE FLOODPLAIN ORDINANCE.
SO I THINK ALL THE INDIVIDUAL PLATTING EXCEPTIONS WITHIN FOUR 30 C ARE TRYING TO, IF THEY'RE MENTIONING FLOODPLAIN, THEY'RE TRYING TO REITERATE, WHICH SAYS AT THE VERY TOP OF FOUR 30 C, WHICH IS THAT HABITABLE USES SHOULD ALWAYS REQUIRE PLATTING.
WELL, THE CITY HAS TAKEN HABITABLE USE TO MEAN IF THE ZONING ALLOWS FOR HABITABLE USE, IF I'M ZONE R FIVE, LIKE THIS SECTION IS, IT ALLOWS FOR A SINGLE FAMILY HOME AND THEREFORE THEY'RE USING HABITABLE USE TO SPREAD ACROSS A WHOLE LOT.
BUT IN THESE OTHER SECTIONS, IT USES THE TERM DWELLING UNIT AND IT, WHICH IS NOT PRESENT IN THE MAIN SECTION OF SEA.
AND THE, THE, THE SECTION I WAS LOOKING AT WAS SECTION 16, WHICH SAYS, I HAVE AN EXISTING BUILDING AND I'M TRYING TO GET A REQUEST FOR PERMIT, UH, FOR TRADE PERMITS.
I DON'T NEED TO HAVE TO PLA BUT I, I'M JUST CURIOUS, HAS THE CITY EVER DENIED EVERY SINGLE PERSON WHO IS MAGICALLY NOW IN THE FLOODPLAIN EVERY TIME THEY NEED TO DO A REPAIR? I'VE NEVER HEARD OF THAT KIND OF OUTRAGE, SO I CAN'T SEE THAT.
IF, IF THEY'RE NOT DOING IT IN THAT CASE, WELL THEN THEY'RE NOT APPLYING THAT SECTION C UNIFORMLY.
SO IN, IN, IN PRACTICE, IF THERE'S A LOT THAT HAS FLOODPLAIN AND THEY'RE PROPOSING A HABITABLE USE, THE COD HAS BEEN DENIED.
I'M NOT TALKING ABOUT THIS SECTION, I'M TALKING ABOUT SUBSECTION 16.
WOULD I, IT JUST IN GENERAL FOR A COD APPLICATION.
BUT YOU, YOU HAD MENTIONED THAT EVERY SECTION INCLUDING
[00:45:01]
SECTION 16, IF THERE'S FLOOD PLAIN TOUCHING THAT LOT IN ANY FORM OR FASHION, THAT IT COD SHOULD BE DENIED AND THEREFORE TRADE PERMIT OR REPAIR PERMIT SHOULD BE DENIED, BUT THEY'RE NOT BEING DENIED.SO A FLOODPLAIN DEVELOPMENT PERMIT WOULD BE REQUIRED.
FEMA LOOKS AT IT AS A SUBSTANTIAL IMPROVEMENT.
UM, SO ANY TRADE PERMITS THAT ARE REQUIRED TO BE PULLED, UM, THEY'RE NOT GONNA GET DENIED.
UM, WE WOULD HAVE TO, UH, ASSESS THE COST ESTIMATES.
IF IT'S A 50% SUBSTANTIAL IMPROVEMENT, UM, IT MAY GET DENIED, BUT WE HAVE TO KEEP IT WITHIN 50% OF THE STRUCTURAL, UM, ESTIMATE AT THAT TIME.
YEAH, AND I AGREE WITH WHAT YOU'RE DOING.
I'M JUST SAYING THAT IF THE STATEMENT THAT THE CITY IS SAYING THAT NONE OF THE PLAID EXCEPTIONS APPLY BECAUSE OF WHAT C SAYS, IT'S NOT BEING, IT'S NOT WHAT'S BEING CARRIED OUT.
THEREFORE, I HAVE TO ASSUME THAT THE INTENT OF THIS SUBSECTION WHERE IT TALKS ABOUT THE DWELLING UNIT IS ALSO WHAT SHOULD BE FOLLOWED AS WELL.
THAT'S, I DON'T HAVE ANYTHING.
UH, TEXAS LOCAL GOVERNMENT CODE THAT'S REFERENCED IN THE PLAT EXCEPTION, UM, I'M LOOKING AT, UH, LET'S SEE, OKAY, SECTION 2 12 0 45.
UM, THIS IS WITH DEALS WITH THE PLAID EXCEPTIONS THAT'S REFERENCED IN THE UDC.
UM, IT DOES SAY THAT THE MUNICIPALITY MAY DEFINE AND CLASSIFY THE, THE DIVISIONS OF WHETHER THERE'S, YOU KNOW, TO APPLY THOSE EXCEPTIONS.
SO I THINK THAT WHEN THE CITY ADDED THAT SECTION IN 2015, THAT THEY'RE CLASSIFYING THAT SPECIFIC DIVISION AS THEY'RE ALLOWED TO, UH, AND WHICH WAS THE INTENT IN MY OPINION IN 2015, TO ALLOW A COD FOR WHEN THE DWELLING UNIT IS NOT IN THE FLOOD PLAIN.
SO I JUST WANTED TO SAY THAT I FEEL THAT THAT, THAT THIS, UH, MY, MY EVALUATION IS IN LINE WITH THE LOCAL GOVERNMENT CODE AS WELL.
JUST WHAT I'M SEEING, AND I'LL JUST STATE THAT.
YEAH, THE OH OH FOUR FIVE IS HOW THE CITY HAS THE ABILITY TO ADOPT ANY SORT OF PLATTING EXCEPTION.
SO UNDER THAT CATEGORY, THE CITY CAN STATE WHEN A PLATTING EXEMPTION WOULD OR WOULD NOT BE REQUIRED IN A, IN A CERTAIN INSTANCE.
AND THEN WE HAVE OUR, WHAT IS IT, 16 DIFFERENT CATEGORIES UNDER WHICH THOSE COULD APPLY.
UH, IF THIS WAS A PLATTED LOT, THEN IT'S A DIFFERENT, THIS IS A DIFFERENT CONVERSATION, RIGHT? CORRECT.
WE'RE DEALING WITH AN ANTIQUATED LOT OR PLAT FROM THE EARLY 19 HUNDREDS, UM, WELL BEFORE PROBABLY FLOOD MAPS WERE DETERMINED.
AND MAYBE HELP ME TO UNDERSTAND BY APPLYING FOR A PLAT WHY THAT'S IMPORTANT TO UNDERSTAND THE STORM WATER OR ANY EFFECTS ON THE PROPERTY OR, OR WHAT HAPPENS DURING THAT PROCESS.
SO, SO IF WE DON'T, IF WE, UH, APPROVE THE CERTIFICATE OF DETERMINATIONS AND ALLOW THE PLAT OR NOT ALLOW THE CONSTRUCTION WITHOUT THE PLAT, NOTHING WOULD BE DONE BY THE CITY IN TERMS OF EFFECTS OF INUNDATION OR STORMWATER.
SO THE REASON FOR THE PLAT IS TO DELINEATE THE REGULATORY FLOODPLAIN, WHICH IS ACTUALLY, IT'S NOT THE EFFECT OF FLOODPLAIN, WHICH IS SHOWN, IT'S THE ULTIMATE FLOODPLAIN BOUNDARY, UM, WHICH, WHICH SARAH HAS, UM, CURRENTLY IN THE DRAFT MAPS.
SO EASEMENTS WOULD HAVE TO BE, UM, PRETTY MUCH ON THE PROPERTY TO ACCOMMODATE THE, THE, THE ULTIMATE FLOODPLAIN BOUNDARY.
YOU ALSO HAVE, UM, THE STRUCTURE ITSELF WILL NOT BE ALLOWED TO BE ANYWHERE WITHIN THAT EASEMENT.
IT LOOKED LIKE THERE WAS FENCE ON ON THAT.
SO NO STRUCTURES, NO FENCES, NO WALLS WOULD BE ALLOWED TO ENCROACH THAT EASEMENT.
AND THAT'S THE MAIN REASON FOR THE PLATTING IS TO DEDICATE ANY RIGHT OF WAY AS WELL POSSIBLY.
UM, BUT MOST, MOST, MOST OF IT HAS TO BE SHOWN WITH, WITH THE FLOOD STUDY, UM, DURING THE PLAT.
AND THE FLOOD STUDY WOULD ALSO CONSIDER THE STRUCTURE THAT'S PROPOSED TO BE BUILT AND IT'S A FUTURE EFFECT OR NO EFFECT ON FLOODING EVENTS.
WE WOULD REQUIRE A TOPOGRAPHIC WORK MAP THAT WOULD SHOW THE MINIMUM FINISHED FLOOR ELEVATION OF ONE FOOT ABOVE THE ULTIMATE OF FLOOD PAIN BOUNDARY.
AND I THINK THE LANGUAGE IS, IS VERY NU NUANCED AND I, I THINK THE CONVERSATION MAYBE IS BETWEEN PLATS AND RE PLATS AND NOT ANTIQUATED PLAS AND NEW PLATS.
[00:50:01]
TO BE CLEAR, AN ANTIQUATED PLAT IS NOT CONSIDERED A LEGAL PLAT BECAUSE IT PREDATES THE PLATTING REQUIREMENTS SET BY THE STATE, WHICH IS JUNE 14TH, 1927.SO ANYTHING PLATTED BEFORE THAT TIME, WE DON'T VIEW IT AS A LEGAL PLAT.
SO IF IT'S PLATTED, IT'S, IT COMES IN AS A BRAND NEW, RIGHT? IT'S TREATED LIKE A BRAND NEW PLAT, NOT A RE PLAT OR ANYTHING LIKE THAT.
AND JUST TO CLARIFY, CITY'S NOT SAYING THEY CAN'T BUILD THERE, BUT THEY MUST DO, UH, THROUGH THE PLATTING PROCESS.
UM, SO I GUESS JUST TO START, YOU KNOW, I DON'T KNOW, I HATE TO BRING UP UDC PROCESSES AND THINGS LIKE THAT, BUT MAYBE WE WANNA LOOK AT CLARIFYING THIS A LITTLE BIT IN THE FUTURE, BUT, 'CAUSE I CAN SEE THE CONFUSION, UM, TO ME WHEN I READ, UH, SECTION C, IT BASICALLY SAYS, YOU KNOW, JUST LIKE EVERYBODY'S SAYING, IT SAYS HABITABLE STRUC OR HABITABLE USES DOESN'T SAY DWELLING UNIT.
IF IT SAID DWELLING UNIT, THAT'S A DIFFERENT STORY, BUT IT SAYS HABITABLE, HABITABLE, IF I CAN EVER SAY THE WORD USES, UM, SHALL ALWAYS REQUIRE PLATTING.
SO RIGHT OFF THE BAT, MY BRAIN TELLS ME IT REQUIRES PLATTING.
THAT'S HOW I WOULD INTERPRET IT.
THAT, AND I CAN SEE HOW YOU CAME TO THAT CONCLUSION.
UM, IT DOES GET CONFUSING WHEN YOU LOOK AT THE OTHER, UH, 35 4, 30 C SIX ITEM.
G SAYS, NO DWELLING UNIT WILL BE LOCATED ON THE REGULATORY FLOOD PLAIN.
SO YOU CAN MAKE THAT ARGUMENT, BUT CITY STAFF DID NOT HAVE THE BENEFIT OF A SITE PLAN AS PART OF, THERE'S, THERE'S NO AVENUE FOR THAT TO HAPPEN.
SO YOUR, YOUR ASSUMPTION THAT THERE'S FLOODPLAIN ON THE LOT HABITABLE, IT'S A HABITABLE USE REQUIRES PLATTING.
I, THAT, THAT MAKES PERFECT SENSE TO ME.
UM, AND DONALD, I THINK YOUR QUESTION ABOUT REPAIRING, UH, IN ITEMS UNDER THE PLATTING EXCEPTIONS, C SEVEN SPECIFICALLY ADDRESSES THAT.
IT SAYS THAT REPLACEMENT REPAIR OF A PREEXISTING OR EXISTING SINGLE FAMILY DWELLING UNIT OR RELATED ACCESSORY STRUCTURE SHALL NOT REQUIRE A SUBDIVISION PLAT IF, AND IT BASICALLY JUST TALKS ABOUT UTILITY SERVICES FOR, UH, FIVE YEARS PRIOR AND UM, AND AN EXPANSION OF UP TO 1000 SQUARE FEET.
IT DOESN'T TALK ABOUT, I WAS TALKING ABOUT 16 WHERE THERE'S A, THERE IS NO ADDITION, THERE IS NO CONSTRUCTION, IT'S JUST REPAIRS.
IT SAYS REPAIR OR REPLACEMENT.
YEAH, BUT I'M, I'M SIMPLY DEALING WITH 16.
IN MY MIND, I, I THINK STAFF MADE THE RIGHT JUDGMENT ON THIS ONE.
I, I, I KNOW IT'S CONFUSING, BUT TO WHAT STORMWATER HAS SAID IS THAT THE PURPOSE OF THIS IS TO GET THE DRAINAGE EASEMENT ON THE LOT.
THAT WAY WE CAN MAKE SURE THERE'S NO FENCES BUILT IN THE FLOOD PLAIN AND OR NO OTHER STRUCTURES AT ANY POINT IN TIME.
IT PROVIDES SECURITY FOR THE CITY TO, UH, UM, HAVE THAT EASEMENT IN PLACE.
MAYBE A 0.2 IS THAT WE ENTER THAT FUND UDC CYCLE, THAT MAYBE THIS IS SOMETHING TO BE A BIT MORE SPECIFIC ON ITEM G.
YES, THAT WOULD BE MY RECOMMENDATION.
I ALSO HAVE A FOLLOW UP QUESTION FOR DRAINAGE.
UM, IF THIS WERE TO BE APPROVED TODAY AND THIS APPLICANT SUBMITTED A PERMIT TO BUILD A HOUSE, WOULD YOU REQUIRE FLOOD PLAIN DEVELOPMENT PERMIT? UH, YES, ACTUALLY.
SO THERE IS A MECHANISM FOR, FOR CITY TO DO A, A REVIEW AND ANALYSIS AT A MINIMUM THEY'D HAVE TO DO AN ELEVATION CERTIFICATE.
SO ALL THE THINGS THAT YOU'RE CONCERNED ABOUT WOULD BE ADDRESSED THROUGH THAT PROCESS? CORRECT.
SO THE ESTABLISHED OF THE EASEMENTS, THE OTHER THING I FAILED TO MENTION WAS, UH, UN FLOODED ACCESS.
SO YOU HAD FLOODPLAIN, BUT WE DIDN'T HAVE THE SITE PLAN SHOWING WHERE THE DRIVEWAY ACCESS.
YEAH, BUT THAT'S WHAT I'M ASKING.
THE FLOODPLAIN DEVELOPMENT PER PERMIT PROVIDES A MECHANISM FOR STAFF TO DO AN EVALUATION DURING THE PERMITTING PROCESS TO SEE IF THERE'S ANY LIFE SAFETY ISSUES TO BE ADDRESSED.
BUT I STILL THINK THAT WITHOUT THE PLAT, THERE IS NO DRAINAGE EASEMENT.
AND THEN THE CITY THAT CREATES EXPOSURE TO THE CITY, IN MY OPINION, PUTTING MY CITY HAT ON, TAKING MY ENGINEER HAT OUT, PUTTING MY CITY HAT ON, THAT CREATES EXPOSURE TO THE CITY.
BECAUSE THE PLAT IS THE MEANS OF ESTABLISHING THOSE BOUNDARIES.
WE CAN ALSO ESTABLISH AN EASEMENT BY SEPARATE INSTRUMENT.
AND WE NEED TO MEET A, WE NEED TO MEET A SITE PLAN ORIGINALLY.
IS THERE ANY OTHER QUESTIONS ON THIS ITEM? IF NOT, WE'LL ENTERTAIN A MOTION.
I MOVE TO APPROVE, UH, THE APPLICANT'S REQUEST.
WE HAVE A MOTION TO APPROVE THE APPLICANT'S REQUEST FOR, UH, THE CERTIFICATE OF DETERMINATION BY COMMISSIONER ORIAN.
SECOND BY COMMISSIONER BUSTAMANTE.
[00:55:01]
MILLER? NO.WOULD LIKE TO RECONSIDER YOUR MOTION OR ENTERTAIN ANOTHER MOTION? I THOUGHT IT WAS A FOUR TO THREE, WASN'T IT? A PLANNING COMMISSION REQUIRES ANY SORT OF APPROVAL TO BE MINIMUM FIVE VOTES.
YEAH, I'LL PULL IT UP FOR YOU.
SO MOTION TO UPHOLD STAFF'S DENIAL.
I THINK THAT WOULD BE, UH, MOTION TO DENY THE OKAY.
MOTION, UH, TO DENY APPLICANT'S APPEAL OF THE COD.
SECOND, WE HAVE A MOTION BY COMMISSIONER PROFIT TO DENY THE APPLICANT'S, UH, APPLICATION FOR APPEAL.
AND A SECOND BY COMMISSIONER MILLER.
VOTE COMMISSIONER PROFIT? YES.
SO THEIR MOTION OR THE APPLICANT'S REQUEST, AND IN THIS CASE, IF THERE IS NO, IF THERE IS NO APPROVAL, THEN THERE THEY HAVE NOT RECEIVED THE PLANNING COMMISSION'S APPROVAL FOR, SO THEIR, UM, DENIAL BY THE, UH, ADMINISTRATIVE DECISION BY THE DEPARTMENT WOULD STAND UNLESS THE, UH, COMMISSION COULD ALSO, FOR EXAMPLE, MOTION TO CONTINUE THE ITEM.
I MOVE TO CONTINUE THE ITEM TO THE NEXT PLANNING COMMISSION MEETING.
I CAN'T GIVE A MOTION BY COMMISSIONER BUS MONTE TO CONTINUE THE ITEM TO OCTOBER 14TH AND A SECOND BY COMMISSIONER ORIAN.
EVEN OUR CONTINUOUS NEEDS FIVE VOTES.
SO THEREFORE THERE IS NO ACTION BY THE COMMISSION.
THE, THE APPLICANT'S REQUEST FOR, UM, FOR THE APPEAL HAS, HAS NOT RECEIVED APPROVAL BY THE PLANNING COMMISSION.
QUESTION, I HAVE A QUESTION FOR STAFF.
DOES THE, THE SORT OF ADMINISTRATIVE DENIAL GO PASS THE PLANNING COMMISSION TO THE CITY COUNCIL AFTER THIS? NO.
SO IT JUST STANDS THAT IS CORRECT.
CAN THE APPLICANT REAPPLY SPEND 200 BUCKS AND COME BACK TO US WHEN WE HAVE MORE PEOPLE HERE? THEY'RE WELCOME TO SUBMIT A NEW APPLICATION.
PLANNING'S A LOT MORE EXPENSIVE THAN THAT.
UH, IS THERE A, UH, STAFF, UH, REPORT? THERE IS NO STAFF REPORT FOR TODAY.
IT IS THREE O'CLOCK AND WE ARE ADJOURNED.