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[00:00:06]

ALL RIGHT, EVERYBODY, IT IS TWO 11.

LET'S CALL THE, UH, OCTOBER 14TH, 2026.

PLANNING COMMISSION MEETING TO ORDER.

WOULD STAFF PLEASE DO A ROLL CALL? COMMISSIONER SANCHEZ PRESENT.

COMMISSIONER ZUKI.

PRESENT.

COMMISSIONER LOPEZ? HERE.

COMMISSIONER COOPER? PRESENT.

COMMISSIONER MILLER? HERE.

COMMISSIONER WALLER.

STU? HERE.

COMMISSIONER ORIAN? HERE.

COMMISSIONER.

COMMISSIONER.

BUS PRESENT.

COMMISSIONER PROFIT HERE.

CHAIR PECK.

HERE.

AORM IS PRESENT.

THANK YOU.

CAN WE GET THOSE SPANISH ENGLISH INTERPRETER PLEASE? GOOD AFTERNOON.

THANK YOU.

THANK YOU.

ALL RIGHT.

TODAY

[Plats  ]

WE'RE GONNA HAVE TWO AGENDAS.

OUR FIRST AGENDA IS THE COMBINED HEARING AGENDA CASES ON A COMBINED HEARING AGENDA ARE CASES WHERE STAFF RECOMMENDS APPROVAL.

THE PLANNING COMMISSION DOESN'T REQUIRE FURTHER DETAILED DISCUSSION, AND NOBODY 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.

THE SECOND AGENDA IS THE INDIVIDUAL HEARING AGENDA CASES ON THE INDIVIDUAL HEARING AGENDA WILL BE, UH, CONSIDERED SEPARATELY BEFORE THE COMMISSION TAKES ANY ACTION.

ALRIGHT, SO WHAT I HAVE RIGHT NOW IS EVERYTHING EXCEPT FOR ITEMS 13, 15, 16, 17, 18, 19, AND 21 ARE ON THE, UH, COMBINED HEARING AGENDA.

THAT IS CORRECT.

OKAY.

UH, I KNOW COMMISSIONER BUSANTE HAS TO RECUSE FROM ITEMS TWO AND FIVE.

SO WHEN ASK HIM TO LEAVE THE MEETING, IT IS TWO 12 AND COMMISSIONER BUSANTE HAS LEFT THE ROOM.

I'M GOING TO MAKE ONE NOTE.

UM, ON ITEM SEVEN, THE AGENDA SAYS, UH, TO SUBDIVIDE ATTRACTIVE LAND TO ESTABLISH 0.227 ACRES SUBDIVISION.

THE NAME OF THE SUBDIVISION IS ACTUALLY 0.227 ACRES ON ANA CACHO STREET SUBDIVISION.

THAT IS CORRECT.

IT'S FOR THE RECORD.

OKAY.

WE DO HAVE ONE PERSON SIGNED UP TO SPEAK ON ITEM NUMBER TWO.

I'D LIKE TO PLEASE APPROACH THE PODIUM NAME AND ADDRESS FOR THE RECORD.

YOU'LL HAVE THREE MINUTES.

THANK YOU.

MY NAME IS PATRICK WILKES.

ADDRESS PO BOX 3 9 4 ST.

HEDWIG, TEXAS.

UH, PHYSICAL ADDRESS 4 0 4 6 STAFFER ROAD, ST.

HEDWIG, TEXAS 7 8 1 5 2.

UM, THE DRAINAGE FROM THE PROPOSED, UH, PLAT IS CHANNELED AND DIRECTED INTO THE WOMAN HOLLERING CREEK.

THIS CREEK RUNS DIRECTLY THROUGH MY PROPERTY AND DIVIDES MY PROPERTY ALMOST IN HALF.

WE'RE ON THE, WE ARE THE IMMEDIATE DOWNSTREAM PROPERTY OF THIS PROPOSED PLAT.

I'VE OWNED THIS PROPERTY FOR 13 YEARS AND HAVE HAD THE CREEK CROSSING WITH 2 36 INCH DIAMETER CULVERTS, COVER THE ROCKS AND USED TO BE COVERED IN CONCRETE THAT ALLOWS ME TO ACCESS THE BACK HALF OF MY PROPERTY IN THE YEARS PRIOR TO THE CONSTRUCTION OF ANY SUBDIVISION.

THE CREEK IS DRY 90% OF THE YEAR.

UH, WHEN IT RAINS, WATER FLOWS FOR A DAY OR TWO, AND THEN IT'S DRY AGAIN BEFORE CONSTRUCTION.

THE CREEK OVERFLOWED ITS BANKS ONLY ONE TIME IN THE PREVIOUS YEARS BY FLOWING AROUND THE CROSSING.

NEVER OVER THE TOP OF MY CROSSING.

SINCE CONSTRUCTION BEGAN, EVEN A SMALL AMOUNT OF RAIN HAS FILLED THE CREEK AND HAS FLOODED OVER THE TOP OF THE CROSSING TWO TIMES.

MOST RECENT TIME, IT WASHED IT OUT COMPLETELY AS WELL AS THE BARBED WIRE FENCE FLAT.

AND SO I'VE HAD TO REPAIR ALL THAT HERE TODAY TO OPPOSE THE PLAT.

I BELIEVE THE STORM WATER MODELING AND DAMAGE STUDIES ARE EITHER NOT CORRECT OR DID NOT CORRECTLY MODEL HOW THE WATER IS ACTUALLY FLOWING.

BASED ON OBSERVATION, I BELIEVE THIS NEW PLAT WILL ADD TO THE EXISTING EXCESS RUNOFF AND ALTER THE SIZE OF THE FLOODPLAIN.

THE EXISTING CONSTRUCTION HAS ALREADY ALTERED THE NATURAL FLOW OF THE CREEK ON OUR PROPERTY, AND THIS NEW PLAT WILL ONLY ADD TO THAT PROBLEM.

THE EXISTING CONSTRUCTION HAS ALREADY CAUSED DAMAGE TO AND LOSS OF USE OF OUR PROPERTY.

BASED ON MY OBSERVATION, THIS NEW PLAT WILL FURTHER ALTER THE FLOODPLAIN AND NATURAL FLOW OF THE CREEK CAUSE MORE DAMAGE THROUGH EROSION, LOSS OF USE AND PROPERTY DAMAGE.

THIS COMMISSION HAS AN OPPORTUNITY TO PROTECT MY FAMILY AND OTHER DOWNSTREAM FAMILIES FROM BIG CORPORATE BUILDERS, UH, BY DESTROYING OUR LAND.

I'M AGAINST AUTHORIZING THIS NEW PLANT I'VE OBSERVED.

I HAVE OBSERVED THAT THE EXISTING DEVELOPMENT HAS ALREADY ALTERED THE FLOODPLAIN, AND THIS NEW PLAT WILL FURTHER ALTER THE FLOODPLAIN AND NATURAL FLOW OF THE CREEK.

PLEASE DON'T PUT SMALL INDIVIDUAL LANDOWNERS LIKE MYSELF AND MY WIFE AND OTHER DOWNSTREAM FAMILIES IN THE POSITION OF HAVING TO BRING PRIVATE CALLS OF ACTION SUITS AGAINST HUGE WEALTHY DEVELOPERS AND BUILDERS.

UH, WHEN YOU'RE IN A POSITION TODAY TO HOLD THEM ACCOUNTABLE TO PROTECT DOWNSTREAM PROPERTY OWNERS FROM FURTHER DAMAGE.

UH, APPRECIATE IT.

THAT'S ALL THE PREPARED REMARKS

[00:05:01]

I HAD.

JUST AS A POINT OF NOTE, I EMAILED THE CASE MANAGER THAT WAS ON MY ENVELOPE AND IT GOT RETURNED SAYING THAT ADDRESS DOESN'T EXIST.

I CHECKED IT SEVERAL TIMES, IT DOESN'T, UM, AND IT'S THE RIGHT ADDRESS.

I ALSO CALLED THE PHONE NUMBER LISTED ON THE NOTICE, AND IT ALSO WENT TO NOTHING.

SO ONE TIME IT TOLD ME THAT THE PHONE NUMBER IS NOT VALID.

TWO OTHER TIMES IT JUST RANG AND RANG AND RANG AND NOBODY ANSWERED, AND THE LINE JUST NEVER PICKED UP.

SO, CONTACT INFORMATION I HAD FOR FURTHER INFORMATION BEFORE THIS HEARING WAS NOT VALID.

OKAY.

THANK YOU FOR YOUR COMMENTS.

I APPRECIATE IT.

I DO HAVE A QUESTION FOR STAFF.

DOES THIS PLAT MEET, UH, ALL PORT ALL UH, CONDITIONS IN THE UNIFIED DEVELOPMENT CODE? YES, IT DOES.

OKAY.

AND WE ALSO HAVE STORM WATER HERE TO ADDRESS SPECIFIC QUESTIONS IF HE HAS ANY.

OKAY.

THANK YOU.

UM, JUST FOR YOUR INFORMATION, IF THE PLAT MEETS THE UNIFIED DEVELOPMENT CODE, UH, CONDITIONS, UH, THIS COMMISSION BY STATE LAW HAS TO APPROVE THE PLAT, SO IT WILL BE APPROVED TODAY, BUT THERE IS SOMEBODY HERE FROM STORMWATER THAT CAN, THAT YOU CAN TALK TO AND GET SOME QUESTIONS ANSWERED.

I UNDERSTAND THAT.

I I APPRECIATE THAT.

I WOULD HAVE FURTHER QUESTIONS, BUT I WAS UNABLE TO GATHER INFORMATION BASED ON THE STUDIES BECAUSE THE CASE MANAGER WAS INACCESSIBLE.

SO I I CAN ADDRESS THAT VERY QUICKLY.

UM, UNFOR, THIS WAS PROBABLY A, A, A PERFECT STORM OF TIMING.

THE CASE MANAGER, UM, THAT WAS OVER THIS PROJECT, UM, RESIGNED FROM THE CITY, UH, ABOUT A WEEK AND A HALF AGO.

AND SO THAT'S PROBABLY WHY, UH, HE WASN'T ABLE TO GET IN TOUCH WITH SOMEBODY.

BUT, UH, IF YOU WANNA STICK AROUND TILL THE END OF THE MEETING, HER SUPERVISOR IS AVAILABLE AND CAN HELP ADDRESS ANY OTHER QUESTIONS THAT YOU MAY HAVE HAD.

OKAY? OKAY.

I APPRECIATE IT.

THANK YOU.

THANK YOU.

ALL RIGHT.

UM, SO IF THERE'S NO FURTHER QUESTIONS ON THE CONSENT AGENDA, WE'LL ENTERTAIN A MOTION.

I MOTION TO ACCEPT IT, THE CONSENT AGENDA.

SECOND, WE HAVE A MOTION AS AMENDED.

CORRECT? AS AMENDED, RIGHT? YES.

OKAY.

WE HAVE A MOTION TO ACCEPT THE CONSENT AND AGENDA AS AMENDED, UH, BY COMMISSIONER WALLER.

THAT AND WAS THE SECOND COMMISSIONER SANCHEZ.

IS THAT WHAT I HEARD? YES.

OKAY.

STAFF, PLEASE DO A ROLL CALL.

VOTE.

COMMISSIONER WALSTEAD? YES.

COMMISSIONER SANCHEZ? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER COOPER? YES.

COMMISSIONER MILLER? YES.

COMMISSIONER ORIAN? SURE.

COMMISSIONER PROFIT? YES.

CHAIR PECK? YES.

MOTION PASSES AS AMENDED.

GREAT, THANK YOU.

UH, WE'RE GONNA SKIP TO ITEM NUMBER

[Comprehensive Master Plan Amendments  ]

19, AND FOR THE RECORD, IT IS TWO 18 AND COMMISSIONER BUSANTE HAS REENTERED THE MEETING.

ITEM 19, UH, LOCATED AT 75 10 TEEL ROAD IS REQUESTING A TWO WEEK CONTINUANCE TO THE OCTOBER 28TH MEETING.

GREAT.

THANK YOU.

MOTION TO APPROVE CONTINUANCE, UH, TO THE OCTOBER 28TH.

PEACE, UH, PLANNING COMMISSION MEETING.

SECOND, WE HAVE A MOTION BY COMMISSIONER PROFIT, AND A SECOND BY COMMISSIONER COOPER.

UH, COOPER ROLL CALL.

VOTE PLEASE.

COMMISSIONER PROFIT? YES.

COMMISSIONER COOPER? YES.

COMMISSIONER SANCHEZ? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER MILLER? YES.

COMMISSIONER WALLER? YES.

COMMISSIONER ORIAN? YES.

COMMISSIONER BUSANTE.

AYE.

CHAIR PECK? YES.

MOTION PASSES FOR CONTINUANCE.

OKAY.

ITEM

[Variances  ]

13.

I KNOW COMMISSIONER SANCHEZ HAS TO RECUSE FROM THIS ITEM.

IN FACT, WHAT WE'LL DO IS WE WILL DO ITEMS 13, 16, AND 17.

SO COMMISSIONER SANCHEZ CAN STAY OUT IN THE HALLWAY UNTIL THOSE ARE DONE.

SO IT IS TEN FOUR, I'M SORRY, TWO 19.

AND COMMISSIONER SANCHEZ HAS LEFT THE MEETING.

ITEM 13.

THANK YOU, SIR.

GOOD AFTERNOON.

UH, PRESENTING, UH, LANDSCAPE VARIANCE, UH, ENDING IN 0 3 5 4 COVE SOCCER FIELDS, UH, 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 WILL EXCEED 4,300 SQUARE FEET OF IMPERVIOUS COVER.

THIS PROJECT PROPOSES A NEW PARKING LOT AND NO NEW BUILDINGS DUE TO THE LOCATION OF THE PROPOSED PARKING AREA.

THE DISTANCE TO TIE INTO THE SAWS WATER LINE, THE OWNER

[00:10:01]

PROPOSES TO USE A, A CONTRACTOR TO IRRIGATE TREES WITH GATOR BAGS.

THE OWNER TAKES RESPONSIBILITY FOR THE IRRIGATION CARE AND MAINTENANCE OF THE REQUIRED PLANTED TREES.

DSD STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST TO RE WAIVE THE LANDSCAPE 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.

STAFF RECOMMENDS DENIAL.

THANK YOU.

MARK IS THE APPLICANT, UH, HERE.

AND WOULD THEY LIKE TO ADDRESS THE COMMISSION? CHAD HAN C TWO LAND GROUP, UH, LANDSCAPE ARCHITECTS.

UM, THIS PROJECT IS PROBABLY ONE OF THE MOST UNIQUE PROJECTS THAT WE'RE GONNA DO FOR IRRIGATION VARIANCE.

THERE'S NOT A SAW LINE WITHIN A MILE OF THIS PLACE, AND YET WE'RE REQUIRED TO PLANT THESE TREES FOR THE PARKING LOT FOR A SOCCER FIELDS NEXT TO A SUBDIVISION OR NEXT TO A FLOODPLAIN ACROSS THE STREET FROM A LANDFILL.

UM, THERE'S, THE OWNER HAS AN AGREEMENT WITH A, A, A PERSON TO COME OUT AND WATER THE TREES TO MAKE SURE THE TREES ARE IRRIGATED AND WATERED.

UM, TRYING TO DO EVERYTHING HE CAN IN ORDER TO DEVELOP THIS PIECE OF PROPERTY FOR SOCCER FIELDS.

UM, I DON'T UNDERSTAND WHY , I MEAN, IF WE HAVE TO PLANT THE TREES, THERE'S GOTTA BE A WAY TO WATER THE TREES.

SO TELL ME HOW TO WATER THESE TREES THAT WERE REQUIRED TO PLANT.

IF THERE'S NO REAL REASONABLE WAY TO WATER THE TREES, IF THERE WAS A IRRIGATION, IF THERE WAS AN IRRIGATION LINE OR THERE WAS A DEDICATED OR WATER LINE, IT'D BE SIMPLE TO PUT AN IRRIGATION METER TO WATER THE TREES.

WE DO THAT.

THERE'S NOT, SO HE'S GOT AN ALREADY AN, AN ALTERNATE METHOD OF WATERING THE TREES BY SETTING UP WITH A, A COMPANY TO WATER THESE TREES.

APPRECIATE IT.

OKAY.

THANK YOU.

UH, NOBODY SIGNED UP TO SPEAK.

SO WE'LL START WITH COMMISSIONER QUESTIONS ON THE LEFT WITH COMMISSIONER BUSANTE.

NO QUESTIONS.

UH, ONE QUICK QUESTION.

SO THE LANDSCAPE PLAN THAT'S IN THE PACKAGE DOESN'T SHOW LIKE THE, DOESN'T SHOW THE ENTIRE SITE.

IS THERE ANYTHING AT ALL THAT REQUIRES FIRE PROTECTION OR A FIRE HYDRANT, OR IS THERE ANY RESTROOMS? IS THERE ANYTHING ELSE OUT HERE OTHER THAN JUST FIELDS AND PARKING SPACES? WE DON'T, WE DON'T REVIEW FOR THAT.

WE, WE DON'T REVIEW FOR ANY FIRE REQUIREMENTS.

SO I, I CAN'T SPEAK TO THAT.

WELL, I'M, I'M JUST TRYING TO FIGURE OUT IF THERE'S AN, AN ADDITIONAL REASON TO HAVE WATER OTHER THAN IRRIGATION.

MAYBE THE APPLICANT CAN SPEAK TO THAT.

SORRY.

UM, FROM WHAT I UNDERSTAND, THERE'S PORTA-POTTIES, SO THERE ISN'T ANY OTHER, BUT THERE'S NOTHING WITH THE T THERE'S NO, THERE'S NOTHING WITH THE, THERE'S NO NEED, THERE'S NO OTHER NEED FOR WATER AT THE SITE.

SO THERE'S NOTHING WITH A PERMANENT COVER.

NO CONCESSIONS.

NO, SIR.

SO THE ONLY NEED FOR WATER WOULD BE IRRIGATION FOR THESE TREES THAT WERE REQUIRED TO PLANT FOR A PARKING, PARKING LOT.

AND YOU DIDN'T, YOU COULDN'T PURSUE A WELL, THEY DON'T, HE DOESN'T, I DON'T THINK HE CAN GET A WELL, FROM WHAT I UNDERSTAND.

WELL, IF HE'S OVER, IF HE'S OVER HALF AN ACRE AND, UM, YOU KNOW, YOU'RE FAR REMOVED FROM A WATER SYSTEM, YOU CAN ALWAYS ASK.

I'M JUST TRYING TO FIGURE OUT IF YOU PURSUED THAT AS YOU COULD.

YOU COULD PURSUE THAT PROBABLY AS A, AS AN ALTERNATIVE METHOD.

WE PURSUED THIS WAY BECAUSE IT'S, YOU'VE GOT, THERE'S COMPANIES THAT DO THIS, THE COMPANIES THAT COME OUT IN WATER.

AND HOW MANY TREES ARE YOU PLANTING? IT SAYS MORE THAN 10, BUT WHAT ARE WE TALKING ABOUT? IT'S MORE, IT'S MORE THAN 10? YES, BECAUSE WE'RE REQUIRED TO HAVE IS 50 PARKING LOT SHADING FOR THOSE? THAT 25%? ARE WE TALKING LIKE 50 TREES? 70? NO, IT'S LIKE 30 I THINK SO MAY MAYBE 25 TO 30.

ALL RIGHT.

THANK YOU.

COMMISSIONER WALLER.

SET.

NO QUESTIONS.

UH, JUST TO POINT, UH, THIS, I MEAN THE, UH, THE REASON IT'S HERE IN FRONT OF US IS BECAUSE OF THE UDC.

UM, AND THERE IS AN APPEAL PROCESS AND THAT'S, YOU KNOW, WHAT WE'RE DOING HERE.

SO, UM, THAT'S, YOU KNOW, WHY THIS COMMISSION EXISTS AND WE HAVE TO INTERPRET THE UDC AND MAKE OUR DECISIONS.

SO, UM, JUST TO PROVIDE A LITTLE COLOR.

THANK YOU.

UH, JUST A CURIOUS QUESTION, HOW YOU WILL, UH, IRRIGATE THE EXISTING, ALSO THE PLANNED SOCCER FIELD.

PLEASE APPROACH PODIUM THROUGH THE SAME TRUCKS THAT'S GOING FOR THE TREES ARE GOING TO WATER THE YES.

SOCCER FIELD.

THEY'RE YES.

BASIC SOCCER FIELDS.

SO THE, THAT SAME COMPANY IS WATERING THE, THE SOCCER FIELDS.

[00:15:01]

OKAY.

THERE ISN'T ANY IRRIGATION FOR THE SOCCER FIELDS.

COMMISSIONER MILLER? NO QUESTIONS.

COMMISSIONER COOPER.

QUESTION FOR THE APPLICANT.

WHAT'S THE TYPICAL SUCCESS OF THESE GATOR BAGS THAT ARE USED TO KEEP THE TREES ALIVE? WELL, TYPICALLY WE'VE USED GATOR BAGS ON OTHER PROJECTS IN THE PAST AND BY WATERING JUST WITH HOSE BIBS AND, AND, AND HAND HAND WATERING.

AND THE SUCCESS HAS BEEN PRETTY, WELL, PRETTY, PRETTY GOOD IT TO BEGIN.

IT'S, IT GOES BACK TO THE APPLICANT, UM, IN TERMS OF IT'S THEIR RESPONSIBILITY, UM, TO MAINTAIN THESE TREES AND SO FORTH.

IT'S IN THE AGREEMENT THAT THEY SIGNED AND, AND SUBMITTED.

UM, SO IT'S THEIR RESPONSIBILITY.

AND IF THEY NEED ANY TIME THAT THOSE TREES, UM, ARE NOT VIABLE, THEN IT'S THEIR RESPONSIBILITY TO REPLACE THOSE TREES.

AND IT'S IN THE, IT'S, AGAIN, IT'S IN THE AGREEMENT THAT THEY'VE, WE'VE SIGNED AND NOTARIZED.

THANK YOU.

I MOVE TO APPROVE THE VARIANCE AS REQUESTED.

OKAY.

UM, JUST LIKE TO ADD A COMMENT, UM, AGAIN, I DON'T HAVE ANY QUESTIONS.

UM, BUT THIS IS A CLEAR CASE OF, UH, SITUATION WHERE IT IS A TRUE HARDSHIP 'CAUSE IT'S REALLY HUNDREDS OF THOUSANDS OF DOLLARS OF WATER MAIN EXTENSION TO GET WATER TO THIS SITE OR DRILL A WELL.

UM, AND YOU KNOW, I THINK THIS IS A CLASSIC CASE OF, OF ONE OF THOSE ONE-OFFS THAT DOESN'T FIT THE CODE.

UM, IT'S NOT A CASE OF SOMEBODY THAT JUST DOESN'T WANT TO BUILD AN IRRIGATION SYSTEM, WHICH JUST 'CAUSE YOU DON'T WANT TO, DOESN'T MEAN YOU DON'T GET TO.

SO, UM, SO TO ME, I'LL BE IN SUPPORT OF THIS VARIANCE FOR THOSE REASONS.

SO WE HAVE A MOTION BY COMMISSIONER COOPER TO APPROVE THE VARIANCE.

SECOND, I'LL SECOND.

WE HAVE A TIE FOR A SECOND.

I'M GONNA GIVE IT TO COMMISSIONER MILLER.

ROLL CALL, VOTE PLEASE.

COMMISSIONER COOPER? YES.

COMMISSIONER MILLER? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER WALLER? YES.

COMMISSIONER ORIAN? YES.

COMMISSIONER BUS MONTE.

AYE.

COMMISSIONER PROFIT? YES.

CHAIR PECK? YES.

MOTION PASSES FOR APPROVAL.

THANK YOU.

ITEM 16, UM, IRRIGATION VARIANCE ENDING IN 0 5 3 5.

UM, RANCHO COLLAB PARK LOCATED 1310 WATKINS UNIFIED DEVELOPMENT CODE SECTION 35 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 COVER SURFACE, UM, HARDSHIP.

THE PROJECT INCLUDES CONSTRUCTION OF A NEW PARKING LOT AND FOOD TRUCK PARKING AREAS WITH A SEPARATE BATHROOM BUILDING.

THE PROPOSED PROJECT IS ADJACENT TO WATKINS LANE AND CULEBRA ROAD.

THE SITE INCLUDES LANDSCAPING.

TO MEET REQUIREMENTS FOR A COMMERCIAL SITE.

THE CUSTOMERS REQUESTED TO NOT IRRIGATE THE PROJECT SITE BASED ON MINIMAL AMOUNT OF CONSTRUCTION AND COSTS.

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.

STAFF RECOMMENDS DENIAL.

ALL RIGHT.

THANKS AGAIN.

MARK.

WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION? MY NAME IS ROBERT ALBERTO UB CO CONSULTING 1650 WEST.

WE SUCH, UH, GOOD AFTERNOON CHAIRMAN AND COMMISSIONERS.

UM, JUST TO GIVE A BRIEF, BRIEF OVERVIEW OF THE PROPERTY, IT'S AT 1310 WATKINS LANE.

UM, THE PROPERTY IS 32,630 SQUARE FEET.

IT'S THE PROPOSED DEVELOPMENT IS A, AS MENTIONED IS A SMALL COMMERCIAL FOOD TRUCK, UM, WITH DESIGNATED PAVED AREAS FOR FOOD TRUCK VENDORS, RESTROOM FACILITY, A BEVERAGE STATION, AND 21 PARKING SPACES.

UM, I WOULD ALSO LIKE TO EMPHASIZE THAT THE DEVELOPMENT MEETS THE APPLICABLE TREE PRESERVATION LANDSCAPING LANDSCAPE BUFFER REQUIREMENTS.

AND IN FACT, THE PROJECT, UH, EXCEEDS THE MINIMUM 40% TREE PRESERVATION ACHIEVING 77 PER, UH, PRESERVATION, SEVEN, 7% PRESERVATION WITH THE REMOVAL OF ONLY ONE EXISTING TREE.

THERE IS NO HISTORY OF TREE VIOLATIONS OR, UH, NONCOMPLIANT PERMITTING.

THE REQUEST BEFORE YOU TODAY IS RATHER THAN INSTALLING A PERMANENT IRRIGATION SYSTEM, THE OWNER IS REQUESTING APPROVAL TO UTILIZE THE HOSE BIBS FOR, FOR MANUAL WATERING, SUPPLEMENTING

[00:20:01]

THE LOW RELEASE BY GATOR BAGS AS WELL FOR THE NEWLY REPENTED TREE.

UM, THE APPROACH WOULD ALLOW THE OWNER TO MAINTAIN REQUIRED LANDSCAPING WHILE AVOIDING THE SUBSTANTIAL, UH, COST OF IRRIGATION METER AND LICENSE IRRIGATION CONTRACTORS.

UH, GIVEN THE SMALL SIZE OF THE DEVELOPMENT AND THE DEPENDENCE ON FOOD TRUCK VENDOR OCCUPANCY AND CUSTOMER ACTIVITY, THESE ADDITIONAL EXPENSES WOULD CREATE A SIGNIFICANT FINANCIAL BURDEN, PARTICULARLY DURING THE INITIAL STAGES.

THANK YOU.

THANK YOU.

NOBODY SIGNED UP TO SPEAK.

SO, COMMISSIONER QUESTIONS, WE'LL START ON THE RIGHT WITH COMMISSIONER COOPER, THE HONOR IS HERE, SIR, ALSO TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU.

NO QUESTIONS.

NO QUESTIONS, NO QUESTION.

NO QUESTIONS, NO QUESTIONS.

NO QUESTIONS, NO QUESTIONS.

I HAVE NO QUESTIONS EITHER.

UM, BUT TO ME, THIS IS NOT A CASE WHERE IT, UH, YOU KNOW, AS A ONE-OFF FOR THE CODE.

YOU KNOW, THERE'S WATER INFRASTRUCTURE AVAILABLE ON THIS ONE.

UM, THE CODE SAYS WHAT IT SAYS.

UM, IN MY MIND, I THINK THE IRRIGATION SYSTEM WOULD BE REQUIRED.

SO I'LL TEND TO AGREE WITH THE CITY ON THIS ONE.

UM, IF THERE'S NO MORE QUESTIONS, WE'LL ENTERTAIN A MOTION.

MOTION TO, SORRY.

MOTION TO APPROVE CITY'S, UH, RECOMMENDATION OF DENIAL.

WE HAVE A MOTION TO, UH, ACCEPT THE CITY'S RECOMMENDATION OF DENIAL BY COMMISSIONER PROFIT.

AND WE HAVE A SECOND, SECOND, SECOND BY COMMISSIONER WALLER.

STAFF, PLEASE DO A ROLL CALL.

VOTE COMMISSIONER PROFIT.

YES.

COMMISSIONER WALLER.

STU? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? NO.

COMMISSIONER COOPER? YES.

COMMISSIONER MILLER.

COMMISSIONER ORIAN? NO.

COMMISSIONER BUS? NO.

CHAIR PECK? YES.

MOTION, UH, FOR DENIAL IS APPROVED.

MOTION PASSES FOR DENIAL.

GREAT, THANK YOU.

ALL RIGHT, NEXT ONE IS ITEM 17.

WELCOME BACK TO THE PODIUM, MR. BIRD .

LET'S SEE.

WE HAVE LANDSCAPE VARIANCE ENDING IN 0 5 7 0 GLEN PARKING LOT LOCATED 75 0 4 GREEN GLEN 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 AND 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.

THIS PROJECT PROPOSES A NEW PARKING LOT.

NO NEW BUILDING WILL BE CONSTRUCTED.

THERE WILL ONLY BE AN APPROXIMATELY 1,985 SQUARE FEET OF NEW PLANTING AREA REQUIRED FOR 10 TREES AND 71 SHRUBS DUE TO THE SMALL AREA REQUIRED FOR PLANTING TREES AND LANDSCAPE.

INSTALLING A FULL IRRIGATION SYSTEM IS A BURDEN ON THE OWNER.

A HOSE BIB IS LOCATED WITHIN THE PLANTING AREA.

TREES AND LANDSCAPE PLANTINGS BE IRRIGATED USING GATOR BAGS.

THERE IS A HOSE BIB WITHIN 100 FEET.

APPLICANT PROPOSES A MAINTENANCE AGREEMENT WITH THE CITY OF SAN ANTONIO.

DSD STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST TO WAVE THE LANDSCAPE.

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.

STAFF RECOMMENDS DENIAL.

THANKS, MARK.

WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION? CHAD HAN C TWO LANE GROUP? UM, I GUESS I GET THE MAJORITY OF THESE TODAY.

UM, THIS APPLICANT, UM, HAS, HAS THE PARKING LOT'S ALREADY IN.

HE'S REQUIRED TO HAVE A DETENTION POND THAT CUTS OUT MOST OF THE, MOST OF THE SPACE.

UM, THERE'S ONLY SEVEN TREES THAT ARE REQUIRED FOR THIS, FOR THE LANDSCAPE, FOR THE BUFFER AND STREET YARD, UH, TREES.

AND

[00:25:01]

SO THE HOSE BIB, HE'S, HE OWNS THE PROPERTY ADJACENT.

HE HAS A HOSE BIB THAT'S ON THE PROPERTY.

UM, THERE'S 1, 2, 3, 4, 5, 6 19 SPACES FOR THIS PARKING LOT.

UM, THAT'S ADJACENT TO HIS RESTAURANT.

UM, SO THE HOSE BIB, HE'S, HE'S RIGHT THERE.

HE'S ALREADY MAINTAINING THE LANDSCAPE ON HIS PROPERTY.

HE HAS AN AGREEMENT NOW TO, TO DO THIS ON HIS, ON THIS PROPERTY.

AGAIN, THERE'S ONLY SEVEN TREES THAT ARE REQUIRED FOR THE, THE OVERALL LANDSCAPE.

UM, TREES FOR THIS, FOR THE SITE, UM, WE'RE MEETING THE, THE, UH, HE ACTUALLY SAVED ONE LARGE TREE, UM, THAT COULD HAVE BEEN TAKEN DOWN.

THE PARKING LOT ACTUALLY IS, WAS ALREADY, WAS PUT IN, UM, BY A, A CONTRACTOR THAT BASICALLY SAID HE WAS GOING TO PULL ALL THE PERMITS AND STUFF AND HE DIDN'T DO IT.

AND HE JUST TOOK THE MONEY AND BUILT THE PROPERTY AND THEN TOOK OFF.

SO MY APPLICANT IS, IS ASKING THAT, YOU KNOW, THERE'S A HOSE BIB, IT'S WITHIN A HUNDRED FEET OF ALL THE TREES.

UM, IT'S WOULD BE SUPER EASY TO WATER THESE SEVEN TREES AND LANDSCAPING.

OKAY.

I'LL STAY HERE IN CASE THANK YOU.

QUESTIONS? ? .

GOOD IDEA.

UH, WE'LL START WITH THE COMMISSIONER.

BUSTANI, NO QUESTIONS.

OKAY.

I GOT SOME THINGS TO SAY ABOUT THIS.

THIS ONE, THIS IS IN THE HILLS AND DALES SUBDIVISION.

I HAVE, UM, I'M VERY FAMILIAR WITH THIS AREA.

THIS IS A, THIS IS HISTORICALLY PEOPLE HAVE BEEN PARKING THERE FOREVER TO GO TO THE MEXICAN RESTAURANT NEXT DOOR ANYWAY.

RIGHT.

UM, AND, AND, AND IT IS VERY, VERY SMALL.

BUT INTERESTINGLY THING ABOUT THIS NEIGHBORHOOD, LIKE I'VE ALSO ACHIEVED THREE VESTED RIGHTS APPROVALS THROUGH ALL, THROUGH ALL THIS.

SO I WOULDN'T BE SURPRISED IF YOU WOULDN'T HAVE TO DO ANY OF THIS ANYWAY, UH, JUST OUTTA CURIOSITY.

AND SO BECAUSE OF THAT AND, AND BECAUSE I HAVE PERSONALLY APPLIED AND ACHIEVE THREE DIFFERENT VESTED RIGHTS APPLICATIONS, I, I DON'T THINK ANY OF THIS THEORETICALLY WOULD APPLY TO YOU IF YOU PURSUED THAT AVENUE.

SO THEREFORE, I'M GONNA BE IN SUPPORT OF THIS APPLICATION TODAY.

APPRECIATE IT.

THANK YOU.

THANK YOU.

NO QUESTIONS? NO QUESTIONS TO COMMENT AGAIN.

I THINK NEXT YEAR WITH THE UDC AMENDMENTS IS A GOOD TIME TO REVISIT THIS PARTICULAR ITEM.

I'M IN AGREEMENT.

SORRY.

SO, UM, YOU KNOW, OUR JOB IS TO APPROVE VARIANCES AS WE SEE FIT IF THERE ARE HARDSHIPS, BUT I THINK THE CODE COULD BE AMENDED, YOU KNOW, WITH THE UTILIZATION OF THE MAIN AGREEMENTS AND ADDING SOME ADDITIONAL COLOR TO THE UDC.

SO, UM, THAT'S JUST MY 2 CENTS.

THE OWNER OWNS THE OTHER SIDE, CORRECT? CORRECT.

YES SIR.

WHAT IS IT? THAT'S A, A MEXICAN RESTAURANT IS, UH, ESCAPING ALREADY EXISTING IN THAT SITE? I BELIEVE SO, YES.

THERE'S, IT'S RIGHT ALONG 16, THE 1604.

AND IS IT ? IT'S, THERE ARE TWO, THERE'RE TWO PROPERTIES THAT ARE, THEY'RE SEPARATED, BUT THEY'RE NEXT TO EACH OTHER.

THEY'RE RIGHT NEXT TO EACH OTHER.

SO YOU WALK OUT THE BACK DOOR AND YOU'RE IN THE PARKING LOT ON ANOTHER PROPERTY.

ALRIGHT, THANK YOU.

IS THERE ANY FORM OF IRRIGATION PRESENT ON THE OTHER PROPERTY AT THIS TIME? I DON'T.

I BELIEVE IT'S, I BELIEVE THERE'S JUST HOSE BIBS THERE AS WELL.

I DON'T BELIEVE THERE'S AN ACTUAL IRRIGATION SYSTEM THERE EITHER.

PERFECT.

THANK YOU.

UM, YOU SAID THERE'S SEVEN TREES, BUT WHAT IS THE OTHER LANDSCAPING SHRUBS? WHAT'S THE NUMBER OF LIKE SHRUBS AND OTHER PLANTS THAT ARE GONNA BE NEEDED TO, UH, BE IRRIGATED? 40 44 SHRUBS.

44 SHRUBS.

OKAY.

ALRIGHT, THANKS.

OKAY.

THERE'S NO MORE COMMISSIONER QUESTIONS.

WE'LL ENTERTAIN A MOTION MOVE TO APPROVE THE APPLICANT'S REQUEST FOR VARIANCE.

SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE THE REQUEST FOR THE VARIANCE BY COMMISSIONER ORIAN AND A SECOND BY COMMISSIONER MILLER.

I PLEASE DO A ROLL CALL.

VOTE.

COMMISSIONER ORIAN? YES.

COMMISSIONER MILLER? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER COOPER? YES.

COMMISSIONER WALL? NO.

COMMISSIONER BUSTI.

AYE.

COMMISSIONER PROFIT? NO.

CHAIR.

PECK? NO.

MOTION PASSES FOR APPROVAL.

THANK YOU.

SOMEONE PLEASE TELL COMMISSIONER SANCHEZ TO WAKE UP AND COME BACK INTO THE MEETING.

[00:30:07]

ALL RIGHT.

IT IS 2 41 AND COMMISSIONER SANCHEZ HAS REENTERED THE MEETING AND WE WILL MOVE ON TO ITEM NUMBER 15, MR. BURTON.

ALRIGHT, LAST ONE.

17.

HERE WE GO.

UM, 15 0, 15 15, UH, VARIANCE ENDING IN 0 5 1 8 RESIDENCE SATO CREEK, UM, UNIFIED DEVELOPMENT CODE 3 5 523 H HUNDRED YEAR FLOODPLAIN STATES THAT SIGNIFICANT TREES SHALL BE PRESERVED AT 80% PRESERVATION WITHIN BOTH THE HUNDRED YEAR FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE AREAS.

HERITAGE TREES SHALL BE PRESERVED AT 100% PRESERVATION WITHIN BOTH THE A HUNDRED YEAR FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE AREAS.

HARDSHIP, UM, HERITAGE TREE NUMBER 26 40 WAS DAMAGED DURING CONSTRUCTION AND CAN NO LONGER RECEIVE, UH, PRESERVATION CREDIT.

UH, HERE'S THE PRESERVATION BREAKDOWNS.

UH, THEY WERE BELOW ON SIGNIFICANT PRESERVATION, UH, AT 77 POINT, UH, THREE 2%, UH, IN THE FLOODPLAIN BUFFER AND IN THE ESA, UM, SIGNIFICANT PRESERVATION.

LET'S SEE, WHAT DO WE GOT HERE? WE'VE GOT 161 TREES, UH, INCHES.

124 INCHES PRESERVED 35, UH, REMOVED.

MITIGATION REQUIRED 109 INCHES.

THEY WERE PLANTING 80 TREES, 21 INCHES OF MITIGATION PROVIDED FOR THOSE TREES.

UH, THEY, THEY'RE PROVIDING 35,463 SQUARE FEET TO TREE CANOPY AND THEY'RE PAYING $21,030 INTO THE TREE MITIGATION FUND.

STAFF RECOMMENDS APPROVAL STAFF SUPPORTS THE APPLICANT'S REQUEST TO FALL BELOW THE MINIMUM 80% FOR SIGNIFICANT TREE PRESERVATION REQUIREMENTS WITHIN THE SA DO THE APPLICANT MEETING MITIGATION REQUIREMENTS THROUGH PLANTING AND PAYMENT INTO THE TREE MITIGATION FUND.

THE PROPOSED VARIANCE REQUEST MEETS THE INTENT AND SPIRIT OF THE TREE ORDINANCE, THEREFORE, STAFF RECOMMENDS APPROVAL.

THANK YOU, MARK, WE'LL GO TO COMMISSIONER QUESTIONS.

WE'LL START WITH COMMISSIONER COOPER.

NO QUESTIONS.

NO QUESTIONS? NO QUESTION.

NONE, NO QUESTIONS.

I HAVE NO QUESTION.

QUESTION FOR THE APPLICANT.

SO I HAD A QUESTION ON THE TREES THAT WERE REMOVED, UH, BY ACCIDENT WAS THE, WAS THE CONTRACTOR FOLLOWING THE TREE PRESERVATION PLANT, WERE THERE OTHER ISSUES OR OTHER OBSTACLES OUT THERE THAT LED THEM TO IMPACT THOSE TREES? THE TREE WAS NOT.

CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? CECILE GOULD 2000 NORTHWEST LOOP FOUR 10.

UM, THE TREE WAS NOT REMOVED, IT WAS JUST DAMAGED DURING CONSTRUCTION BY THE CONTRACTOR.

I BELIEVE THEY DID HAVE THE TREE LIKE PRESERVATION UP, BUT THEY, THEY ENDED UP DAMAGING THE TREE SOMEHOW.

UM, BUT IT IS STILL ALIVE, BUT WE WERE REQUIRED TO SAY THAT IT WAS NOT COUNTED TOWARDS PRESERVATION DUE TO THE DAMAGE.

AND WHAT DID THE, UH, HOW ARE THE OTHER THREE TREES THAT WERE IMPACTED? UM, THAT ARE NOT ON THE, THAT ARE NOT ON THE AGENDA AS FAR AS PART OF THE VARIANCE? THERE'S THREE OTHER TREES THAT WERE IMPACTED.

THEY, THEY WERE NOT HERITAGE, WHICH IS WHY THEY'RE NOT LISTED ON THIS.

UM, BUT SAME, SAME CONCEPT, DAMAGED STILL ALIVE.

WE'RE ASKED TO REMOVE THEM FROM PRESERVATION.

WHY WOULD THEY DAMAGED? UM, I'VE, I'M NOT SURE OF THE SPECIFICS OF HOW THEY WERE DAMAGED.

IT WAS JUST A COMMENT WE GOT FROM THE INSPECTOR.

AND WAS THE CONTRACTOR, UM, WAS HE, WAS HE IN, IN, IN CONTACT WITH THE CITY AS FAR AS ANY SUGGESTIONS ON, ON OVER PRUNING TREES OR, OR ANY QUESTIONS THAT HE MIGHT HAVE OR THEY MIGHT HAVE ON THE, ON THE, ON THE PROTECTION AND PRUNING OF THOSE? NOT THAT I KNOW OF.

DID THIS, WAS THERE ANY PENALTIES ASSESSED AS PART OF THE, AS PART OF THIS, UH, RESUBMITTAL FOR THE VARIANCE? UH, AS FAR AS REMOVING TREES OR, OR DAMAGING TREES, THE ONLY ONE I'M AWARE OF IS THE PAYING FOR THE HIGHER MITIGATION WITH THIS

[00:35:01]

NEW TREE PLAN AND WITH THE ADDITIONAL TREES THAT ARE BEING COUNTED AS REMOVED.

IS THERE ANY OPPORTUNITY FOR ADDITIONAL PLANTING WITH ONLY 21 INCHES BEING PROVIDED RIGHT NOW, OR 21 TREES? UM, I'M NOT SURE OF THAT.

UH, I JUST KNOW THAT WE DECIDED TO GO FORWARD WITH PAYING THE MITIGATION INSTEAD OF THE TREE PLANTING.

AND WHAT WAS THE REASON FOR THAT? THAT IS WHAT THE CLIENT PREFERRED TO DO.

I MAKE A MOTION TO CONTINUE THIS, UH, SO WE CAN HAVE THE APPLICANT CONSIDER MORE TREES PLANTED AND CITY CAN LOOK INTO PENALTIES FOR THOSE TREES DAMAGED ALREADY.

I SECOND, I LIKE TO ASK MY QUESTIONS BEFORE WE DO THAT.

, CAN STAFF COME UP PLEASE? SO, UM, I JUST WANTED TO ASK, SO IF A TREE GETS DAMAGED, UH, AND, AND IT HAS THE POTENTIAL TO LIVE, DOES THE CITY HAVE SOME SORT OF, UM, UM, YOU KNOW, AN OPERATING PROCEDURE OF WHAT TO DO? DO THEY, DO THEY GO TO A TREE WARRANTY PERHAPS OR SOMETHING? UM, SO TO BE SPECIFIC TO THE TREE WARRANTY, TREE WARRANTY WOULD NEED TO BE APPLIED FOR AT THE TIME OF APPLICATION.

WE'RE NOT GOING TO ACCEPT A TREE WARRANTY FOR A TREE THAT'S BEEN DAMAGED BY CONSTRUCTION.

UM, WE, UH, IN, IN THIS CASE, THE, THE DAMAGE WAS SEVERE ENOUGH THAT MORE THAN 50% OF THE TREE WAS DAMAGED.

OKAY.

AND SO THEY CAN KEEP THE TREE.

WE'RE WE'RE, WE, WE BELIEVE THAT TREES HAVE AN INCREDIBLE WILL TO SURVIVE IN SPITE OF ALL THINGS THAT, UH, HAPPEN AROUND THEM.

BUT, UH, IN THIS CASE, WE DO HAVE OPTIONS IN SOME CASES TO DO REMEDIAL ACTIONS THAT CAN KEEP A TREE AROUND.

BUT THIS ONE, WE HAD LOST SO MUCH OF THE CANOPY AND IT SEEMED LIKE JUST OUR OBSERVATION FROM THE INSPECTOR, NEGLECT BY THE CONTRACTOR TO NOT BE WITHIN THE LIMITS OF WHAT THEY SHOULD BE AWARE OF.

DID THEY HAVE THE FENCING UP AND, UH, TREE PRESERVATION PROTECTION DEVICES IN PLACE DURING CONSTRUCTION? UM, I, I WOULD HAVE TO LOOK BACK AT THE, AT THE INSPECTION NOTES AND, AND THE PICTURES THAT WERE TAKEN OF THE DAMAGED TREE.

OKAY.

THANK YOU FOR EXPLAINING THAT BECAUSE I, WHEN I HEAR A TREE'S DAMAGE, SOMETIMES I DON'T KNOW IF, IF THERE'S A THRESHOLD, IF YOU GUYS HAVE, YOU KNOW, JUST LIKE I SAID, AN OPERATING PROCEDURE OF WHAT, WHAT TO DO OR WHAT THEY COULD DO ABOUT IT.

UM, AS IF THIS, IF THIS CONTINUANCE GOES THROUGH, I'D JUST LIKE TO KIND OF REMEMBER THAT, UH, FOR WHEN THIS, WE HEAR THIS AGAIN.

THANK YOU COMMISSIONER LOPEZ.

NO QUESTIONS? NO QUESTIONS.

ALL RIGHT.

WE DO HAVE A MOTION FOR CONTINUANCE.

I'LL SECOND MOTION.

UM, DID, DID YOU PUT A TIMEFRAME ON THE CONTINUANCE? UM, THE NEXT AGENDA.

OKAY.

MOTION TO CONTINUE TO THE, WHAT IS IT? THE OCTOBER 28TH PLANNING COMMISSION MEETING BY COMMISSIONER LOPEZ IN THE SECOND BY COMMISSIONER WALLER STAFF, PLEASE DO A ROLL CALL.

VOTE.

COMMISSIONER SANCHEZ? YES.

COMMISSIONER WALLER? YES.

COMMISSIONER ZUKI? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER COOPER? YES.

COMMISSIONER MILLER? YES.

COMMISSIONER ORIAN? YES.

COMMISSIONER BUSTANI.

UH, COMMISSIONER PROFIT? YES.

CHAIR PECK? YES.

MOTION PASSES FOR CONTINUANCE.

THANK YOU.

UH, LET'S SEE HERE.

THAT WAS 15, UH, 18.

GOOD AFTERNOON COMMISSIONERS.

JOEL VELA, PLANNING COORDINATOR WITH THE DSD.

ITEM 18 IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE NORTH SECTOR PLAN FROM SUBURBAN TIER TO REGIONAL CENTER.

LOCATED AT 15,838 NORTH US HIGHWAY 2 81 49.

NOTICES WERE MAILED ONE IN FAVOR, THREE OPPOSED.

AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.

THE PROPOSED PLAN AMENDMENT FROM SUBURBAN TIER TO REGIONAL CENTER IS REQUESTED TO REZONE THE PROPERTY TO C3 GENERAL COMMERCIAL DISTRICT.

THE PROPOSED REGIONAL CENTER LAND USE IS NOT CONSISTENT WITH THE SURROUNDING AREA, ALTHOUGH THE C3 ZONING DESIGNATIONS CURRENTLY EXIST ALONG HIGHWAY 2 81 AND ABUTTING THE SUBJECT PROPERTY, UH, THOSE DESIGNATIONS ARE NOT CONSISTENT WITH THE CURRENT NORTH SECTOR LAND USE PLAN AND CONFLICT WITH THE SUB SUBURBAN TIER INTENT THAT NON-RESIDENTIAL USES BE LIMITED IN INTENSITY AND IN SCALE.

WHILE THE PROPERTY IS LOCATED ALONG A MAJOR HIGHWAY THOROUGHFARE, THE TRACK EXTENDS APPROXIMATELY A THOUSAND FEET FROM THE RIGHT OF WAY, WELL BEYOND THE ANTICIPATED COMMERCIAL BUFFER BETWEEN THE HIGHWAY AND ADJACENT SINGLE FAMILY RESIDENTIAL USES.

AS A RESULT, THE PROPOSED CHANGE WOULD ALLOW THE ENCROACHMENT OF HIGH INTENSITY COMMERCIAL USES INTO AN AREA INTENDED TO REMAIN PREDOMINANTLY

[00:40:01]

RESIDENTIAL IN CHARACTER STAFF RECOMMENDS DENIAL.

UH, THE APPLICANT IS AMENDING THEIR REQUEST TO AMEND THE NORTH SECTOR PLAN FROM SUBURBAN TIER TO REGIONAL CENTER ON ONLY 1.247 ACRES OF THE SUBJECT PROPERTY.

UH, AND THOSE, UH, 1.27, EXCUSE ME, 1.247 ACRES CLOSEST TO THE RIGHT OF WAY.

UH, THE APPLICANT'S REPRESENTATIVE IS HERE TO ANSWER ANY QUESTIONS DISPLAYED HERE ON THE LAST SLIDE, IS THE AMENDED REQUEST.

CAN GO ONE MORE? THERE WE GO.

ALL RIGHT.

UH, THANK YOU VERY MUCH.

THANK YOU.

WE WILL MOVE ON TO COMMISSIONER QUESTIONS.

WE'LL START WITH COMMISSIONER BUSANTE.

NO QUESTIONS.

NO QUESTIONS.

NO QUESTIONS.

DO NO QUESTIONS.

DID YOU WANNA ALLOW THE APPLICANT? YEAH, TO, OH, I'M SORRY.

OKAY.

YEAH.

WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION? THANK YOU.

I THOUGHT WE'D ALREADY GOTTEN THERE.

.

I WAS TRYING TO FIND THE THING ON THE AERIAL.

GOOD AFTERNOON COMMISSIONERS.

AVI MONTE 13 6 20 NORTHWEST MILITARY.

THANK YOU FOR THE OPPORTUNITY.

UM, YEAH, IT'S BEEN, UH, IT'S BEEN INTERESTING DURING THIS, UH, PAST FEW DAYS, WE'RE ABLE TO WORK WITH STAFF, WITH NEIGHBORS ESPECIALLY, AND WITH, UH, COMMISSIONER DUEL.

WE UNDERSTAND, UH, WHAT THE MAIN CONCERN IS, UH, BY THE REQUEST THAT WE HAVE.

UH, SO IF YOU ALLOW ME TO MAKE A LITTLE PRESENTATION OF WHAT OUR PROJECT IS, WHAT OUR FACTORS BEHIND OUR REQUEST, WHY WE THINK IT'S VIABLE, AND SOME OF THE ARGUMENTS, CAN WE GO? OH, THANK YOU.

THAT'S GREAT.

ALRIGHT.

UM, YEAH.

SO INDEED, LEMME TELL YOU A LITTLE HISTORY ABOUT THIS PIECE OF LAND, UH, CURRENTLY.

SO MULTIFAMILY, UM, THERE'S BEEN SEVERAL ATTEMPTS BY OTHER, UH, DEVELOPERS TO, TO DEVELOP MULTIFAMILY.

AND NOW THAT WE'VE BEEN IN, IN CONTACT WITH SOME OF THE NEIGHBORS IS SOMETHING THAT THEY, THEY, UH, THEY OPPOSE STRONGLY.

THEY REALLY, UH, DON'T FEEL THAT IT'S A USE THAT THAT IS COMPATIBLE WITH, WITH THE SURROUNDINGS.

AND NOW THAT WE HAVE BEEN ABLE TO EXPLAIN THE PROJECT TO THEM, UH, THE CONCERNS HAVE ONLY LOWERED TO TWO ITEMS THAT I'LL ADDRESS IN A MOMENT.

BUT, UM, LET ME GO BACK TO EXPLAINING THE PROJECT.

THE PROJECT IS A SMALL RETAIL, UH, WITH WAREHOUSE, UH, BUILDINGS.

UM, WHAT WE'RE TRYING TO DO NOW IS KEEP C3 IN THE FRONT ONLY AND, UH, MAINTAIN C TWO WITH A CD IN THE BACK.

UM, THE, THE REASON WHY WE ARE ASKING FOR CD IS BECAUSE A LOT OF THE USERS FOR THIS TYPE OF BUILDING ARE SMALL CONTRACTORS, UH, THAT PROVIDE SERVICES TO THE AREA CONTRACTORS SUCH AS, UH, POOL MAINTENANCE, UH, UH, AC MAINTENANCE, A LOT OF SMALL COMPANIES THAT SINCE THEY FALL AS CONTRACTORS, THE SONY DOES NOT ALLOW THEM TO, TO GET A COO IN THE AREA.

THAT'S WHY WE'RE REQUESTING A CONDITIONAL USE FOR THEM.

BUT IN THE FRONT, WE HAVE A POTENTIAL TENANT THAT HAPPENS TO BE, UH, A SPECIAL, UH, HIGH-END APPLIANCE, UH, RETAILER.

AND HE NEEDS A LITTLE BIT MORE HEIGHT.

HE NEEDS A LITTLE, HE NEEDS A LITTLE BIT MORE THAN THE 25 FEET THAT THE C TWO IS CAPPED AT BECAUSE OF THE MEZZANINE THAT, THAT HE REQUIRES FOR OFFICE SPACE AND ALSO BECAUSE OF THE SMALL WAREHOUSE SPACE THAT THEY NEED, UH, ENOUGH HEIGHT FOR THEIR, FOR, FOR, FOR STACKING THEIR, THEIR THEIR PRODUCTS.

SO WE NEED TO BE AT 28 FEET HEIGHT.

THAT'S THE REASON WHY WE'RE PROPOSING THIS C TREE.

UM, I ALREADY MENTIONED SOME OF THE RETAILS THAT WE HAVE.

THE PRODUCTS THAT WE'VE BEEN, UH, DOING IS NOT THE FIRST ONE.

WE'VE BEEN WORKING IN THE AREA, SIMILAR PRODUCTS WHERE WE, UM, PRODUCE A SMALL OFFICE WITH SOME WAREHOUSE SPACE FOR, FOR OUR TENANTS.

AND THIS HAS BECOME, UH, A VERY SUCCESSFUL PRODUCTS FOR SMALL BUSINESSES.

SMALL BUSINESSES, UH, ARE VERY EASILY ABLE TO COME TO AN 1800 SQUARE FEET, UH, UH, PIECE OF PROPERTY PAYING RENTS THAT ARE UNDER $2,000.

SO WE'RE REALLY HELPING A LOT OF SMALL BUSINESSES WITH THIS.

THESE ARE SOME OF THE, UH, SIMILAR PROJECTS THAT WE ARE CURRENTLY WORKING OR WE HAVE ALREADY CONCLUDED IN THE AREA.

SO WITH THIS BEING SAID, WE, WE ALREADY HAVE SOME EXPERIENCE IN THESE PROJECTS AND WE HAVE A REPUTATION THAT WE'RE DEFINITELY TRYING TO BUILD AND, AND TAKE CARE OF BY WHATEVER WE OFFER OUR NEIGHBORS.

UH, STICK TO OUR WORD.

UM, ONE OF THE THINGS WE OFFERING OUR NEIGHBORS WE'LL DEFINITELY HAVE HOURS IN OPERATION THAT ARE COMFORTABLE FOR THEM IS A MONDAY, MONDAY THROUGH SATURDAY.

AND THIS IS OUR BUSINESS HOURS.

WE'RE GENERALLY OPERATING FROM NINE TO FIVE.

AND ON SATURDAYS WE GENERALLY CLOSE AROUND ONE.

NO, DEFINITELY NOT OPEN ON SUNDAYS.

UH, ONE OF THE CONCERNS THAT OUR NEIGHBORS HAVE CURRENTLY IS SECURITY.

SO WITH THIS DEVELOPMENT, WE'RE OFFERING SECURITY.

UM, WE'RE ALSO A VERY LOW PROFILE

[00:45:02]

USE SINCE, LIKE I MENTIONED, OUR BUILDINGS IN THE BACK, UH, ARE NOT OVER 18 FEET.

AND WE'RE ONLY ASKING FOR 25, 28 FEET, I'M SORRY, IN THE FRONT.

IT'S A VERY INTERESTING PIECE OF LAND.

IT HAS A LOT OF MATURE TREES.

WE'RE PRESERVING ALL THE IMPORTANT TREES.

WE'RE, WE'RE PROBABLY NOT GONNA BE ABLE TO PRESENT.

JUST SOME OF THE SMALL ONES.

WE'RE ALSO, UH, REQUIRED TO PRESERVE, UH, 35 OF PERVIS AREA, WHICH ARE, WE'RE GOING A LITTLE BIT OVER THAT OF COURSE, WE'RE OFFERING MORE THAN THE SETBACKS THAT, UH, WE REQUIRE.

UH, IT'S A VERY LOW IMPACT SINCE WE ARE NOT GONNA BE A MULTI-FAMILY COMPLEX THAT IS GONNA BRING, UH, A LOT OF USERS TO, TO THE PLACE.

AND ONE OF THE MAIN PROBLEMS OR MAIN CONCERNS THAT OUR NEIGHBORS, ESPECIALLY THE ONES THAT OPPOSE AT THE BEGINNING, UH, HAVE, IS THE, IS IS A, IT'S A FLOOD ISSUE THAT'S NOT CAUSED ONLY BY THIS PIECE OF LAND, BUT IT'S ALSO CAUSED BY THE, UH, MOBILE HOME PARK THAT IS NEXT TO US.

UM, A STRONG STREAM OF WATER COMES DOWN AND FLOODS THE TREE HOUSES THAT HAVE OPPOSED TO US.

AND, UH, ONE OF THE THINGS THAT WE ARE PROPOSING IS TO FIX THIS PROBLEM.

WE ARE DEFINITELY GONNA CHANNEL THIS WATER AND WE ARE GOING TO, UH, RESOLVE THE PROBLEM THAT THEY'VE BEEN HAVING FOR, FOR ALL THESE YEARS.

HERE'S SOME OF THE SOLUTIONS THAT WE'RE PROPOSING TO CHANNEL THE WATER AND, AND TO NOT ONLY SOLVE THE PROBLEM THAT OUR PIECE OF LAND PRODUCES, BUT ALSO TO SOLVE THE PROBLEM THAT OUR NEIGHBOR IS ALSO PRODUCING TO THEM.

WE'RE CURRENTLY IN A CONVERSATION WITH THEM.

UH, OUR CIVIL TEAM IS WORKING ON HOW THIS IS GONNA, UH, LOOK LIKE.

AND, UM, WE'RE PENDING THEIR APPROVAL.

ACTUALLY AFTER THIS MEETING, WE'RE GONNA MEET WITH ALL THE NEIGHBORS TO EXPLAIN A LITTLE BIT MORE ABOUT HOW WE ARE APPROACHING ALL THESE ISSUES.

UM, REAL QUICK, I'M GONNA TALK ABOUT SOME OF THE FACTORS THAT WE BELIEVE ARE CONVENIENT OR VIABLE BEHIND OUR REQUEST.

AND ONE OF 'EM IS THE FACT THAT WE ARE IN FRONT OF 2 81 AND IT'S DEFINITELY, AS WE CAN SEE, UH, A COLLECTOR THAT IS NOT THE, THE BEST SOLUTION FOR MULTIFAMILY OR RESIDENTIAL.

UM, AS WE CAN SEE, AND IT IS ALREADY BEEN MENTIONED, MOST OF THAT CORRIDOR CURRENTLY HAS COMMERCIAL USE.

AND, AND AS WE CAN SEE, SOME OF THE DETAILS CURRENTLY HOLDS C3, WHICH IS WHAT WE ARE ASKING JUST FOR THE, UH, FRONT PART OF IT.

AND HERE YOU CAN SEE VERY CLEAR THAT WE'RE TRYING TO BE CONSISTENT WITH THE SAME LINE THAT THE CORRIDOR CURRENTLY HAS SO THAT WE DON'T INVADE THE RESIDENTIAL AREA.

AND THIS IS JUST TO, TO SHOW A LITTLE BIT OF HOW WE'RE TRYING TO REALLY COMPLY.

SO, UM, ANOTHER POSITIVE THING HERE, AND I THINK THE NEIGHBORS ARE REALLY LOVING THIS, IS THE FACT THAT IT IS A GOOD OPPORTUNITY TO PUT SOME RESTRICTIONS TO THE SITE.

SINCE WE ARE ASKING FOR CONDITIONAL USE ON THIS, WE ARE DEFINITELY BEING, UH, LIMITED TO THE KIND OF BUSINESSES THAT CAN COME HERE.

SO THEY CAN CERTAIN, THEY CAN BE CERTAIN THAT WE'RE NOT GONNA HAVE ANY HIGH IMPACT OPERATIONS.

EVEN IF BY ANY CHANCE THE CURRENT DEVELOPERS DECIDE TO SELL THIS PIECE OF LAND IN THE FUTURE, WE'RE OFFERING THEM, WE'RE OFFERING THEM OF COURSE, OF, UH, PRIVACY FENCE, LOW IMPACT LIGHTING, UH, NO LOUD NOISE, WHICH IS SOME OF THE THINGS THAT THEY GENERALLY ARE CONCERNED ABOUT AND SOMETIMES ARE NOT CONTROLLED WITH MULTIFAMILY.

AND IN THIS CASE, WHEN YOU'RE TALKING ABOUT A BUSINESS, YOU CAN DEFINITELY CONTROL THAT.

UM, SOME OF OUR ARGUMENTS IS THAT, UM, LIKE I MENTIONED, THERE'S ALREADY A HISTORY OF, UH, THIS MULTIFAMILY, UH, DEVELOPMENTS THAT WE'RE TRYING TO BE DEVELOPED HERE AND THAT THE NEIGHBORS ARE DEFINITELY NOT HAPPY ABOUT.

AND, UM, AND, AND WITH THIS WE'RE DEFINITELY, UH, REDUCING THE AMOUNT OF TRAFFIC THE MULTI-FAMILY CAN PRODUCE IN THE AREA.

WE'RE ALSO REDUCING THE VERSION THAT THAT CAN COME ON ON SERVICES, OF COURSE, FROM SCHOOL SERVICES THAT, WELL, THEY'RE NOT REALLY A PROBLEM THAT MUCH ANYMORE IN THIS AREA.

BUT FOR, UH, FOR THE SERVICES REGARDING, UM, THE, THE CITY, WELL, IT'S OF COURSE LESS, LESS WATER TO WORRY ABOUT IS LESS POWER IS LESS, UH, SEWERS, LESS, UH, SECURITY SINCE THIS, UH, DEVELOPMENT WILL HAVE ITS OWN SECURITY.

AS MENTIONED BEFORE, THEY NEIGHBORS ARE VERY CONCERNED ABOUT PRIVACY.

SO OF COURSE WE ALL KNOW IF THEY HAVE A MULTIFAMILY COMPLEX, THREE OR FOUR STORIES HIGH, THAT THAT WILL DEFINITELY INVADE THEIR PRIVACY.

WE'RE ONLY DOING ONE STORY IN THE AREA THAT THEY'RE GONNA BE IMPACTED.

AND THE ONE THAT WE'RE ASKING FOR THE CI TREE USE IN THE FRONT IS DEFINITELY NOT SOMETHING THAT, THAT, THAT IS GONNA IMPACT THEM AT ALL, UH, BECAUSE OF THE DISTANCE.

UM, BASICALLY, UM, WE BELIEVE THAT, THAT WE CAN, THAT WE CAN, UH, WORK WITH THE NEIGHBORS AND WE CAN,

[00:50:01]

UH, BE SUCCESSFUL IN THIS AREA WITHOUT IMPACTING AND BEING A BENEFIT TO THE AREA WITH THE PRODUCT THAT, THAT, THAT WE'RE PROVIDING.

UH, THE NEIGHBORS ARE WELL AWARE THAT THE FACT THAT WE CAN DO THIS REZONING AND THIS PLAN AMENDMENT WILL DEFINITELY ASSURE THEM THAT THEY WILL NOT HAVE A HIGH DENSITY DEPARTMENTS IN ANY POINT OF HISTORY.

AND A LOT OF 'EM ARE VERY EXCITED ABOUT THAT ACTUALLY.

UH, SEAN, I GUESS DIDN'T GET THE, THE CHANCE TO, TO BRING SOME OF THE, UM, LETTERS THAT, THAT WERE SENT TO HIM.

THAT, THAT WE HAVE MORE PEOPLE, UH, SUPPORTING OUR PROJECT NOW.

AND UM, AND I BELIEVE THE MORE THAT THE NEIGHBORS UNDERSTAND ABOUT WHAT THE PROJECT IS, THE MORE THEY ARE ON BOARD WITH US.

THANK YOU VERY MUCH FOR YOUR TIME AND I'M OPEN TO QUESTIONS.

THANK YOU FOR YOUR PRESENTATION.

THANK YOU.

UM, UH, COMMISSIONER MU WE'LL START WITH YOU FOR QUESTIONS.

NO QUESTIONS, NO QUESTIONS, NO QUESTIONS, NO QUESTIONS.

I HAVE QUESTIONS.

SO I LIKE THE FACT THAT, YOU KNOW, YOU'RE GOING TO BE BUILDING, WORKING ON THE DRAINAGE AND THINGS LIKE THAT.

BUT LOOKING AT YOUR PLAN, IT LOOKS LIKE THERE'S NO BUFFERS.

IT LOOKS LIKE THAT BUILDING, THE BUILDINGS YOU'RE PROPOSING ARE RIGHT THERE ON THE PROPERTY LINES AND THERE'S NO TREES OR ANYTHING BETWEEN THEM, YOU KNOW, THE BUILDINGS AND THE RESIDENTS WHO LIVE THERE.

OKAY.

UM, ON THE NORTH PART OF THE PROJECT, WE HAVE BETWEEN 65 TO 75 FEET, UH, DISTANCE FROM THE MOBILE PARK.

UH, THOSE, THOSE CIRCLES THAT ARE PRESENTED, THERE ARE THE HERITAGE TREES THAT WE ARE PRESERVING.

THERE ARE A LOT MORE TREES THAT ARE NOT IN THIS IMAGE.

AND ALSO WE HAVE A LANDSCAPING PROJECT THAT WILL ADD A LOT MORE TREES IN THE NORTH SOUTH AREA.

WE'RE NOT ONLY DOING THE, THE 15 FEET, BUT ALSO THERE'S AN ALLEY THAT HAS ANOTHER ADDITIONAL 15 FEET.

SO WE'RE 30 FEET AWAY FROM THE PROPERTIES ON THE SOUTH AND WE'RE ALSO ADDING LANDSCAPING TO THAT AREA, PLUS SOME OF THE SMALL TREES THAT ARE ALSO BEING PRESERVED THAT ARE NOT SHOWN IN THIS IMAGE.

BUT IF I GO TO THE AREA, UH, YOU CAN SEE A LOT OF THE TREES THAT ARE EXISTING AND THAT WE ARE, UH, FOR SURE PRESERVING.

SO JUST BELOW THAT IT LOOKS LIKE A FENCE.

UM, SO THAT'S IT.

THAT'S AN ALLEY WHERE THANK YOU VERY MUCH.

UM, YOU POINT AT TOWARDS, OH MY GOD, I'M SORRY.

YES.

THIS IS OUR PROPERTY LIMIT.

AND FROM A PROPERTY LIMIT IN THE, IN THE, IN THE, UH, EAST, THERE'S UH, AN EASEMENT, ANOTHER 15 FEET EASEMENT.

AND IN THE SOUTH THERE'S ALSO A 15 FEET EASEMENT AND THEN THE, OUR NEIGHBOR'S PROPERTIES TO START AFTER THOSE EASEMENTS.

AND THOSE EASEMENTS ALSO CONTAIN A GOOD AMOUNT OF VEGETATION.

OKAY.

NO MORE QUESTIONS.

THANK YOU.

UH, THANK YOU FOR YOUR PRESENTATION.

I THINK IT'S VERY THOROUGH.

AND I, UM, YOU KNOW, THIS PIECE, NOW THAT IT'S ON THE SCREEN, THE C TWO CD IS NOT REALLY PART OF OUR, UM, CONSIDERATION SINCE THE PLAN AMENDMENT HAS BEEN AMENDED TO THE FRONT.

UM, SO I THINK THOSE MATTERS THAT MY FELLOW COMMISSIONER BROUGHT UP ABOUT, UH, BUFFERING WILL BE ADDRESSED ZONING.

'CAUSE THERE'LL NEED TO BE A ZONING CHANGE FROM THE MULTIFAMILY.

UM, QUESTION FOR STAFF, THE HEIGHT RESTRICTIONS IS BASED ON THE ZONING DISTRICT? THAT IS CORRECT? THAT IS CORRECT.

OKAY.

AND, AND AS, AS FAR AS THE PART THAT WE ARE CONSIDERING, AND AGAIN, WE'RE NOT ZONING, BUT BUFFERING WOULD NOT BE NECESSARY BECAUSE IT'S A BUDDING COMMERCIAL USES ON THE AMENDED TRACK TO THE NORTH AND SOUTH.

LET ME CONFIRM.

SO A PROPERTY THAT IS A BUDDING C3 AND A BUDDING ANOTHER, UM, C3 C3, THERE'S NO BUFFER.

AND ALSO THE SAME, IF IT WAS A BUDDING LIKE C TWO, ANY OTHER COMMERCIAL, THERE WOULD BE NO REQUIRED BUFFERS.

OKAY.

AND, AND TO KEEP THE, THE PLENUM IS NECESSARY BECAUSE C TWO CD WOULD NOT APPLY BECAUSE OF THE HEIGHT, THE USAGE.

IS THAT, IS THAT CORRECT? COULD THE PROPOSED USE BE DONE UNDER C TWO CD NOT REQUIRE PLAN AMENDMENT CHANGE? ARE YOU TALKING ABOUT THE BACK SECTION? I'M TALKING NO, I'M TALKING ABOUT THE PART THAT WE'RE CONSIDERING THE FRONT.

[00:55:01]

HE MENTIONED A HIGH-END, UH, UH, APPLIANCE USE.

I DON'T KNOW THE EXACT USE.

UM, IF IT'S PERMITTED BY RIGHT.

AND A C3, YOU COULD DO POTENTIALLY DO A C TWO CD.

OKAY.

WELL, FUNDAMENTALLY I DON'T, I GUESS REALLY DON'T HAVE, I MEAN, I UNDERSTAND THE, THE, YOU KNOW, THE WAY WE APPLY REGIONAL CENTERS IS KIND OF, YOU KNOW, A BIT BROAD AND, BUT I DO THINK THAT THIS USE FITS, UM, THE SURROUNDING AREAS AND I THINK, YOU KNOW, NOT THAT AGAIN, THAT THIS IS NOT PART OF OUR DECISION TODAY.

THIS BACK PART, UM, YOU KNOW, BEING GOOD NEIGHBORS AND, UM, ADDRESSING THE DRAINAGE, I THINK IS A, IS IS A GOOD GESTURE ON YOUR PART AND TO, TO BE GOOD NEIGHBORS.

SO I WILL BE SUPPORTING THIS PROJECT.

YEAH.

GIVEN THE AMENDMENT TO ONLY REQUEST A C3 IN THE FRONT PART OF THE PROPERTY, NOT THE WHOLE ONE IS, UH, IS AN ACCEPTABLE REQUEST FOR ME TODAY.

SO NO MORE COMMENTS.

QUESTION FOR STAFF IN THE PAST, WAS THIS LAND PRIOR, UH, C3 IN THE GENERAL AREA WHERE THE NEW C3 IS BEING REQUESTED? I DO NOT KNOW OFF THE TOP OF MY HEAD.

I DO KNOW THAT IT WAS OF A COMMERCIAL NATURE.

OKAY.

SO WE KNOW IT WAS OF COMMERCIAL NATURE, BUT NOT WHICH COMMERCIAL NATURE.

I BELIEVE SO, YES.

THANK YOU.

JUST FOR, TO PROVIDE SOME CLARITY FOR ME, WHAT IS, DO YOU HAVE A HANDY WHAT THE ZONING IS TO THE NORTH AND THE SOUTH OF THAT PIECE? THAT'S RIGHT ALONG THE, THE AMENDED PIECE ALONG 2 81.

I'M LOOKING IT UP REAL QUICK.

I BELIEVE IT IS C3, C3, C3 TO THE NORTH, AND C TWO TO THE SOUTH.

OKAY.

THANK YOU.

OKAY.

UH, ANY OTHER QUESTIONS ON THIS ONE? ANY MORE COMMENTS? DISCUSSION, MOTIONS.

MOTION TO APPROVE, UH, PETITIONER'S REQUEST, UH, TO AMEND THE PLAN AMENDMENT TO REGIONAL CENTER.

DO YOU WANNA SAY THE AMENDED REQUEST? SO FOR THE AMENDED OH YES, THE, I'M SORRY.

FOR THE AMENDED SUBJECT PROPERTY OF 1.247 ACRES.

CORRECT.

THANKS.

MOTION TO APPROVE THE AMENDED REQUEST PRESENTED BY THE APPLICANT.

IS THAT GOOD ENOUGH? SECOND, WE HAVE A MOTION TO APPROVE THE AMENDED REQUEST BY THE APPLICANT BACK HERE, COMMISSIONER PRO IN A SECOND.

WAS IT COMMISSIONER DKI? IS THAT WHO SAID THAT? ROLL CALL.

ROLL CALL.

VOTE PLEASE.

COMMISSIONER PROFIT? YES.

COMMISSIONER DKI? YES.

COMMISSIONER SANCHEZ? YES.

COMMISSIONER LOPEZ? YES.

COMMISSIONER COOPER? YES.

COMMISSIONER TED? YES.

COMMISSIONER ORIAN? YES.

COMMISSIONER BUSTA.

AYE.

CHAIR PECK? YES.

MOTION PASSES AS AMENDED.

THANK YOU.

I WOULD LIKE TO NOTE FOR THE RECORD THAT COMMISSIONER MILLER LEFT THE MEETING AT 2 52.

[Other Items  ]

ALL RIGHT.

ITEM NUMBER 21.

HELLO, LAUREN CHAVEZ.

INTERIM POLICY ADMINISTER WITH DSD.

SO I'M HERE TO TALK ABOUT THE UPCOMING 2027 UDC AMENDMENT PROCESS, UH, WHICH BEGINS JANUARY 1ST.

THIS IS THE, THE CHAPTER 35, THE MUNICIPAL CODE THAT IS UPDATED EVERY FIVE YEARS.

NOT ONLY IS THE, UH, CITY STAFF ALLOWED TO SUBMIT AMENDMENTS, BUT DEVELOP COMMUNITIES PUBLIC AS WELL AS BOARDS AND COMMISSIONS CAN SUBMIT AMENDMENTS FROM JANUARY 1ST THROUGH MARCH 31ST.

UH, THIS COMMISSION SPECIFICALLY HAS A BIG ROLE IN THE UDC PROCESS.

NOT ONLY WILL YOU BE THE, THE COMMISSION THAT WILL SPONSOR ANY EXTERNAL AMENDMENTS THAT MAY EXCEED CLARIFICATION OR EDITING PROPOSALS.

YOU ALSO HAVE THE LUXURY OF REVIEWING ALL, UH, UDC PROPOSED AMENDMENTS AFTER THEY ARE THOROUGHLY, UH, AFTER THEY GO THROUGH A TECHNICAL REVIEW WITH THE PLANNING COMMISSION TECHNICAL TECHNICAL ADVISORY COMMITTEE FROM MARCH THROUGH, I MEAN APRIL TO JUNE.

HOWEVER, I'M HERE TO SPECIFICALLY TO SEE IF ANYONE FROM THIS COMMISSION HAS ANY POTENTIAL IDEAS THAT THEY WANNA PROPOSE ON BEHALF OF THE BOARD.

AND IF SO, WHAT THAT PROCESS THEY WANNA PROCEED MOVING FORWARD IN TERMS OF DISCUSSING THOSE IDEAS AT A FUTURE WORK SESSION OR A PLANNING COMMISSION MEETING, ANY THINGS LIKE THAT.

THE PRE, THE PREVIOUS MEETING THERE WAS A PUBLIC SESSION FIRST WITH THE, WHAT THEY CALL THE OTHER COMMITTEE, THE PRE THE UH, UH, PC TAX.

SO THIS IS MORE FOR, TO SEE IF THE PLANNING COMMISSION WANTS TO SUBMIT ANY UDC AMENDMENTS THROUGH THE UDC PROCESS.

YEAH, OF COURSE.

UH, THE, THE DISCUSSION POINTS ABOUT THE LITIGATION

[01:00:01]

SYSTEM MM-HMM .

THAT A WORTH POINT OF DISCUSSIONS.

YES.

BECAUSE IT SEEMS THAT WE'VE BEEN GETTING A LOT OF REQUESTS RECENTLY ON THOSE.

YEAH.

SO THIS WOULD JUST MORE BE TO KIND OF DISCUSS FUTURE, LIKE THE TIMELINE.

SO IF YOU WANNA HAVE LIKE A FUTURE WORK SESSION, WHETHER IT'S GONNA BE THE NEXT NOVEMBER OR DECEMBER MEETING, WE CAN HAVE A WORK SESSION BEFORE THE 9:00 AM MEETING OR HAVE SOMETHING ON THE AGENDA ITEM TO DISCUSS ANY PROPOSED IDEAS THE COMMISSIONERS MAY HAVE AND KIND OF SEE IF THERE'S A MAJORITY FROM THE REST OF COMMISSIONERS TO SEE IF THEY SUPPORT THOSE IDEAS.

AND IF SO, AT THAT TIME, STAFF CAN THEN TAKE THOSE IDEAS, ATTEMPT THE PROPOSAL LANGUAGE, AND THEN A FUTURE DATE, PUT IT ON EITHER A FUTURE WORK SESSION AND THEN EVENTUALLY A PLANNING COMMISSION MEETING TO SEE WHETHER THOSE PROPOSED WHETHER THOSE AMENDMENTS WILL BE APPROVED BY THE PLANNING COMMISSION AND SUBMITTED THROUGH THE UDC PROCESS.

MR. CHAIR, UH, CAN YOU TELL US WHAT WE DECIDED TO DO AT ZONING, FOR EXAMPLE? YES, PLEASE.

SO FOR ZONING COMMISSION, WE ACTUALLY HAVE AN ITEM ON THE NOVEMBER 17TH MEETING ON WHERE WE ARE GONNA HAVE THE COMMISSIONERS PROPOSE ANY IDEAS THEY HAVE AT THAT MEETING.

AND THEN WE'RE GONNA TAKE A, UH, VOTE TO SEE HOW MANY, HOW MANY COMMISSIONERS SUPPORT THAT PROPOSED IDEA.

THE ONES THAT GET MAJORITY VOTES, OUR TEAM WILL THEN TAKE THOSE AND THEN KIND OF WRITE, DRAFT THOSE PROPOSED LANGUAGES AND THAT IN THE NEXT UH, ZONING COMMISSION MEETING, WILL THEN PROPOSE THOSE AMENDMENT IDEAS, EITHER AT WORK SESSION OR THEN A FUTURE ZONING COMMISSION MEETINGS AND KIND OF HASH OUT THOSE, UH, PROPOSED AMENDMENTS AT THAT TIME.

I'D LIKE TO ADD, UH, THAT ON OUR BOARD WHAT WE, WHAT WE ASK STAFF TO DO IS HAVE A WORK SESSION FOR PEOPLE WHO MAY HAVE NEVER DONE THIS BEFORE.

THEY CAN ASK STAFF QUESTIONS ABOUT WHAT IDEAS, HOW THEY SHOULD BE PRESENTED, SOMETHING SO THEY'RE SIMPLE AND TO THE POINT.

UH, AND THEN WE WOULD SUBMIT THE IDEAS FOR THE COMMISSION TO SEE IF THEY WOULD SUPPORT 'EM OR NOT, JUST TO PUT THAT OUT THERE.

CORRECT.

SO I JUST WANNA SEE, GAUGE WHAT Y'ALL WANNA DO.

, I I JUST, YEAH, I WOULD THINK THAT THAT WOULD BE THE BEST WAY TO DO IT THEN IN AN OPEN SESSION.

OKAY.

AND IT'S, I'M TRIED TO PUT ASIDE THE 2020 GDC PROCESS AND, BUT I DON'T KNOW WHAT WE DID IN, IN, BACK IN 2021.

DID WE DO A WORK SESSION PRIOR TO SUBMITTING SPECIFIC? I DON'T REMEMBER.

I DON'T, I DON'T THINK WE DID.

THIS IS THE FIRST TIME WE'VE EVER YEAH.

DISCUSSED THIS.

REALLY.

YEAH, I THINK THE LAST UDC CYCLE WE KINDA, I THINK, UM, THERE WAS ALREADY IDEAS I THINK WE ACCUMULATED FROM THE CHAIRS BEFORE AND THEN STAFF, UM, WROTE THE, DRAFTED THOSE AMENDMENTS AND THEN WE JUST HAD A WORK SESSION TO GO OVER THE PROPOSED LANGUAGE AND THEN ADD IT TO AN AGENDA.

THIS IS MORE WORKING WITH THE COMMISSIONER.

I AGREE WITH COMMISSIONER ORION'S, UM, PROCESS THAT HE OUTLINED IS TO MAYBE, YOU KNOW, HAVE A WORK SESSION TO TALK ABOUT.

OKAY.

THAT OKAY.

WE CAN SCHEDULE THE NEXT, UH, THE, THE SECOND, THE OCTOBER MEETING TO HAVE A WORK SESSION, THEN TO HAVE A MORE PRE BRIEF PRESENTATION ABOUT THAT PROCESS, WHAT WE SUBMITTED LAST CYCLE, AND THEN POTENTIALLY ADD AN, GIVE YOU GUYS A TIMELINE OF WHEN YOU WANNA SUBMIT YOUR PROPOSED IDEAS AND THEN GIVE STAFF THE TIME TO WRITE THOSE.

I THINK THAT SOUNDS LIKE A GAME PLAN TO WHAT IS THE, UH, TIMELINE.

SO WE, WHEN DO WE NEED TO HAVE OUR KIND OF IDEAS GEL, YOU KNOW, KIND OF FORMULATED BEFORE THE PROCESS IS GOING TO START? SO AB CONSIDERING IT, SO SUBMITTALS CAN BE SUBMITTED FROM JANUARY 1ST THROUGH MARCH 31ST.

SO FOR WHAT WE WOULD HAVE TO DO FOR COMMISSIONS IS WE WOULD HAVE TO PUT THAT ITEM ON THE AGENDA DURING THAT TIME AND HAVE THE COMMISSIONERS VOTE ON WHICH PROPOSED AMENDMENTS THEY WOULD LIKE TO SUBMIT FORMALLY ON BEHALF OF THE PLANNING COMMISSION THROUGH THAT PROCESS.

SOMETIME BETWEEN JANUARY, MARCH.

CORRECT.

AND THE LANGUAGE HAS TO BE FINALIZED BY MARCH 31ST, RIGHT? CORRECT.

YEAH.

IT HAVE TO GO BACK THROUGH, THROUGH PTAC, RIGHT? OH YEAH.

AND THEN FROM THERE IT GETS ASSEMBLED IN A BIG OLD BINDER.

MM-HMM .

AND UH, GOES TO PTECH.

YES.

AND THEN THE SECOND THING TOO, LAST UDC CYCLE DEVELOPMENT SERVICES SUBMITTED ON BEHALF OF THE COMMISSIONS AND THAT WAS SOMETHING WE CAN DO AGAIN THAT WAY.

WE, THEY DO GO THESE, YOUR AMENDMENTS DO GO TO PC TAX.

UM, OUR TEAM LIKE NICOLE AS WELL AS WE HAVE THE MEMBERS WHO REPRESENT THE PLANNING COMMISSION WILL BE AT THOSE PC TAX MEETINGS.

SO THEY CAN BE THE ONES LEADING AND EXPLAINING Y'ALL'S AMENDMENT INSTEAD OF YOU GUYS HAVING TO BE PRESENT IF YOU CAN'T MAKE THOSE MEETINGS AS WELL.

YEP.

I THINK THAT'S A GOOD PROCESS RIGHT THERE.

ALL RIGHT, SOUNDS GOOD.

THANK YOU.

GREAT.

THANKS A LOT.

IS THERE A DIRECTOR'S REPORT TODAY? THERE'S NOT.

THERE'S NOT.

WELL, WELL, FANTASTIC.

IT IS THREE 15 AND WE ARE ADJOURNED.

I.