A. Consider excusing the absence of Commissioner Ms. Ruby Casas from the December 12, 2023 Regular Meeting

[A. Consider the Rezoning Request from Agriculture & Open Space (AO) District to Residential, Multifamily (RM) District, Being 5.00 Acres out of Lot 7, block 3, A.J. McColl Subdivision, Located at 5320 South Jackson Road, As Requested By Edinburg Teachers Credit Union]

AND MOVE OVER TO ITEM NINE A, WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM AGRICULTURAL AND OPEN SPACE DISTRICT TO RESIDENTIAL MULTIFAMILY DISTRICT BEING FIVE ACRES OUT OF LOT SEVEN, BLOCK THREE RJ MCCALL SUBDIVISION, LOCATED AT 5320 SOUTH JACKSON ROAD, AS REQUESTED BY EDINBURG TEACHERS CREDIT UNION STAFF.

JUST COMMISSION. THIS IS A REZONING REQUEST OF FIVE ACRES FROM AGRICULTURAL OPEN TO RESIDENTIAL MULTIFAMILY.

ONE OF THE THINGS THAT WE'LL SEE IN THIS PARTICULAR AREA IS THERE'S A MIXTURE OF USES ALREADY IN THE AREA.

TO THE NORTH, YOU HAVE COMMERCIAL, TO THE SOUTH YOU HAVE COMMERCIAL AND SINGLE FAMILY RESIDENTIAL, AND YOU ALSO HAVE AG, WHICH, WHICH IS IN, IN GREEN.

AND THEN YOU ALSO HAVE ONE LOT THAT'S, SUBURBAN RESIDENTIAL.

SO WHAT THE APPLICANT IS REQUESTING IS HE'S PROPOSING TO DO A MULTIFAMILY DEVELOPMENT, AND HE'S REQUESTING, FOR MULTIFAMILY ZONING.

WE DID GET TWO, TWO PEOPLE THAT WROTE IN, IN OPPOSITION.

I BELIEVE ONE OF THEM WAS HANDED OUT TO YOU GUYS, AND ONE OF THEM WAS INCLUDED IN THE PACKET.

SO IT WAS A TOTAL OF TWO.

THE FUTURE LAND USE MAP DOES SHOW THIS AREA AS, GENERAL COMMERCIAL AND AUTO URBAN, WHICH AUTO URBAN IS CONSISTENT WITH THE REQUEST? STAFF IS RECOMMENDING APPROVAL OF THE REZONING.

OKAY. AT THIS TIME, I'D LIKE TO OPEN THE FLOOR FOR ANY COMMENTS.

NO COMMENTS. WE'LL GO AND CLOSE THE FLOOR COMMISSION.

I'LL MOVE TO APPROVE BASED ON, STAFF RECOMMENDATIONS FOR APPROVAL.

YOU GOT A MOTION TO APPROVE? WE HAVE A SECOND. I'LL SECOND.

I'LL SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

WE OPPOSED SAME SIGN.

[B. Consider the Rezoning Request from Residential, Primary (RP) District to Residential, Multifamily (RM) District, Being Lot 6, South Side Subdivision, Located at 812 South 10th Avenue, As Requested by Los Pinguinos Series, LLC.]

MOTION CARRIES.

ITEM NINE B. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM RESIDENTIAL PRIMARY DISTRICT TO RESIDENTIAL MULTIFAMILY DISTRICT BEING LOT SIX, SOUTH SIDE SUBDIVISION, LOCATED AT 812 SOUTH 10TH AVENUE.

AS REQUESTED BY LOS PINGUINOS SERIES LLC STAFF.

YES, THIS IS FOR, THIS IS A REZONING REQUEST TO GO FROM RESIDENTIAL PRIMARY TO RESIDENTIAL MULTIFAMILY.

AND THIS IS FOR LOT SIX SOUTH SOUTHSIDE SUBDIVISION.

THE LOT MEASURES APPROXIMATELY 66 BY ONE, 47 OR 97, OH TWO SQUARE FEET.

AND, HOW THIS PROPERTY WAS PURCHASED.

A WHILE BACK BY THE APPLICANT, WHEN THE APPLICANT PURCHASED THE PROPERTY, HE HAS CONVEYED TO STAFF THAT THE PROPERTY WAS OWNED AUTO URBAN.

SO AUTO URBAN, ALLOWS YOU TO DO A SINGLE FAMILY RESIDENTIAL MULTIFAMILY.

IT WAS PRETTY WIDE OPEN.

SO HE PURCHASED THE PROPERTY BACK IN THE DAY WITH THE INTENTIONS OF DOING SOME MULTIFAMILY LOTS THERE.

HOWEVER, IF ONE DRIVES DOWN SOUTH 10TH AVENUE, THERE ARE VERY FEW APARTMENTS IN THAT AREA.

MOST OF THAT AREA IS TRANSITIONING TO COMMERCIAL NEIGHBORHOOD AND, HAVEN'T HAD A CHANCE TO SPEAK WITH THE APPLICANT.

BUT ONE OF THE THINGS THAT THAT I WOULD RECOMMEND IS THAT HE POSSIBLY CHANGE HIS REQUEST FROM MULTIFAMILY TO COMMERCIAL NEIGHBORHOOD, BECAUSE THAT'S WHAT WE'RE SEEING IN THE AREA.

THE INTENT OF, OF A REZONING IS TO SEE IF THE PROPERTY, IT FITS WITH THE SURROUNDING USES, AND IN THIS CASE THERE WAS NO MULTIFAMILY IN THE AREA.

MOST OF WHAT WE SEE THERE IS, ATTORNEY OFFICES MAINLY.

THERE'S A COUPLE OF DENTIST OFFICES AND THERE'S A COUPLE OF ENGINEERING OFFICES IN THE AREA.

SO SOONER OR LATER, THE TREND ALONG SOUTH 10TH AVENUE IS GOING TO BE COMMERCIAL NEIGHBORHOOD.

SOME OF THOSE BUSINESSES.

SO GIVEN THE CURRENT LAND USES IN THE AREA AND THE TRENDS, I THINK IF WE WERE TO REZONE IT TO, TO MULTIFAMILY IN A COUPLE OF YEARS, IT'S IT'S NOT GOING TO FIT WITH WHAT'S ALREADY THERE.

SO, THAT WOULD ENTERTAIN A MOTION TO DENY THE REQUEST, OR POSSIBLY HAVE A CHANCE TO SPEAK TO THE APPLICANT AND SEE IF HE WOULD BE RECEPTIVE TO CONSIDERING A DIFFERENT ZONING FOR THIS AREA.

[00:10:01]

THIS ITEM IS NOT BEFORE YOU. ALL RIGHT.

AT THIS TIME, I'LL GO. CAN I ASK A QUESTION? IF WE DENY IT, WOULD THEY STILL BE ABLE TO COME BACK WITH A REQUEST FOR A FOR A DIFFERENT ZONING? FOR A DIFFERENT ZONING? YES. NOT FOR THE SAME ZONING.

OKAY. IS THE APPLICANT HERE BY ANY CHANCE? NOT SURE IF THE APPLICANT IS HERE FOR THIS.

YES HE IS. I'LL GO AHEAD AND OPEN THE FLOOR FOR PUBLIC COMMENT IF YOU JUST STATE YOUR NAME, SIR.

GOOD AFTERNOON. MY NAME IS MARCO GARCIA.

I REPRESENT LOS PINGUINOS.

SO, LIKE I SAID BEFORE, WE PURCHASED THIS PROPERTY BACK IN, TO, 2022, WITH THE INTENTION OF DOING, MULTIFAMILY. BEFORE WE PURCHASE THE PROPERTY, I TRY TO DO MY DUE DILIGENCE TO MAKE SURE THAT WE WERE GOING TO BE ABLE TO DO, YOU KNOW, WHAT WE WANTED TO DO.

THAT SAME YEAR, OFF OF CANAL STREET, JUST NORTH OF US, JUST SOUTH OF 107.

I WAS DOING SOME MULTIFAMILY FOR A CUSTOMER OF MINE THERE OFF OF CANAL STREET.

AND, BASED ON WHAT WAS HAPPENING THERE AND THE TRENDS, YOU KNOW, IN THAT AREA AND SEEING WHAT HE CAN DO, HE COULD DO, I CAME TO SOME MEETINGS BACK IN MARCH AND APRIL OF 2022.

SO HE NEEDED TO REZONE AND AND GET SOME VARIANCES, STUFF THAT WAS APPROVED, OTHER STUFF THAT WASN'T APPROVED.

SO I LEARNED A LOT DURING THAT TIME.

SO ANYWAY, THIS POTENTIAL, THIS PARTICULAR PROPERTY CAME UP TO US.

SO OF COURSE I WANT TO DO MY DUE DILIGENCE, MAKE SURE THAT I COULD FIT WHAT I WANTED TO DO, MAKE SURE THAT IT WAS ZONED PROPERLY BEFORE I DO PURCHASE IT.

WITH, WHAT I HAD LEARNED FROM THOSE OTHER MEETINGS IN MARCH AND APRIL OF 2022 WITH MY CUSTOMER.

I FIGURED WITH THE LAND THE SIZE OF THE LAND THAT WOULD BE ABLE TO DO SOMETHING LIKE FIVE APARTMENTS, TWO BEDROOM, TWO BEDROOM UNITS, BUT I THINK IN AUGUST OF 2022, THERE WERE SOME CHANGES MADE TO THE TO HOW THE LAND IS GOING TO BE USED IN THE DENSITY OF THE LAND.

SO THEY ACTUALLY INFORMED ME THAT I COULD DO SEVEN UNITS, SEVEN TWO BEDROOM UNITS AND ONE ONE BEDROOM UNIT MAKING EIGHT BEDROOM UNITS.

SO WHEN THEY TOLD ME THAT, I WAS LIKE, MAN, IT'S EVEN BETTER FOR ME, YOU KNOW, I CAN FIT MORE UNITS ON THERE.

SO AGAIN, I HAD SEVERAL MEETINGS WITH MISTER FARLEY AND I THINK MISTER AYALA, I DON'T THINK MR. HAMILL IS HERE ANYMORE.

AND ONE OTHER PERSON, WE HAD 2 OR 3 MEETINGS HERE IN PERSON BEFORE, AND JUST TO CONFIRM THAT EVERYTHING WAS GOING TO BE DONE, THAT I COULD DO WHAT I WANTED TO DO.

SO, AGAIN, YOU KNOW, THIS A LOT OF MONEY WAS PUT INTO THIS, YOU KNOW, TO DO WHAT I WANTED TO DO.

AND THEY ACTUALLY SENT ME AN EMAIL CONFIRMING, YES, THIS THIS PROPERTY IS ZONED, MULTIFAMILY.

YOU CAN DO WHAT YOU WANT TO DO, WHICH I HAVE THE EMAIL HERE.

LET ME SEE IF I CAN PULL IT UP REAL QUICK.

WEEK 12. YES.

AND IT WAS SENT TO ME OCTOBER 13TH OF OF 2022.

CONVERSATION WITH CITY PLANNING STAFF ADAM ELIZONDO, TILFORD FARLEY AND JAIME AYALA.

AND WE DISCUSSED EVERYTHING THAT IT WAS ZONED, YOU KNOW, MULTIFAMILY, RESIDENTIAL, MULTIFAMILY, URBAN.

THEY TOLD ME I NEEDED AS LONG AS I MEET THE PARKING REQUIREMENTS, THE LANDSCAPING REQUIREMENTS, EVERYTHING THAT NEEDS TO BE DONE, THAT I WOULD BE ABLE TO DO WHAT I WANTED TO DO. SO AGAIN, THIS WAS OCTOBER 2022.

SO IN 2023, WE HAD STARTED THE PROCESS OF MAKING PLANS AND EVERYTHING WE SUBMITTED AND THEN WE RUN INTO THIS ISSUE.

SO I JUST ASKED, YOU KNOW, THAT YOU GUYS CONSIDER, YOU KNOW, MY DUE DILIGENCE THAT I DID BACK IN 2022 BEFORE PURCHASING THE PROPERTY, THAT THEY TOLD ME I CAN DO WHAT I WANT, YOU KNOW, SPENDING HUNDREDS OF THOUSANDS OF DOLLARS, YOU KNOW, TO DO THIS AND THEN, COME AFTER WE SUBMIT EVERYTHING PLANS, THEY TELL ME THAT WE'RE DENIED BECAUSE IT'S NOT ZONED PROPERLY.

AGAIN, I HAD AT LEAST THREE MEETINGS HERE, SEPTEMBER AND OCTOBER OF 2022.

AND I HAVE EMAIL CONFIRMATION FROM FROM THEM, WHICH I BELIEVE I SENT TO STAFF AS WELL.

SO I ASK THAT YOU CONSIDER THIS, THIS VARIANCE FOR ME OR THIS, REZONING FOR ME.

THANK YOU. SO CAN I ASK YOU A QUESTION? YES, SIR. SO YOU SAID YOU SPENT HUNDREDS OF THOUSANDS OF DOLLARS ALREADY ON THIS PROJECT? YES. ALMOST.

ALMOST 200. SO.

$200,000. YES, FOR PURCHASE OF PROPERTY PLUS PLANS, PLUS OTHER THINGS THAT WE WERE DOING.

SO YEAH. IT'S A PURCHASE OF THE PROPERTY, THE VALUE OF THE PROPERTY.

THE PROPERTY WAS BOUGHT, I BELIEVE IT WAS 125 BACK IN THE DAY THAT YOU BOUGHT IT WITHOUT KNOWING THAT.

WHAT? NO, NO. YEAH. NO, I DID ALL THIS BEFORE I PURCHASED THE PROPERTY.

I MET WITH THE CITY. I WASN'T GOING TO BUY IT BECAUSE I'VE DONE THIS IN OTHER CITIES AND SO.

SO YEAH, I CORRECT NOW YOU WANT TO MAKE THE MOST YOU WANT TO MAKE THE MOST CORRECT.

AND BECAUSE OF THOSE MEETINGS I HAD WITH THE CITY IN MARCH FOR MY CUSTOMER ON CANAL STREET, WITH THE DENSITY OF THE PROPERTY, HE COULD FIT LIKE 3.73 APARTMENTS, AND THEN HE STILL HAD TO GET A VARIANCE TO GET THE FOURTH APARTMENT TO MAKE IT A FOUR PLEX.

LONG STORY SHORT, HE'S LIKE, I DON'T WANT TO MESS WITH THAT.

LET'S JUST MAKE IT TRIPLEXES WE MADE THREE TRIPLEXES OFF OF CONNOR ROAD.

TEN 1009 1021 AND 1120 WEST CANAL.

SO AGAIN, MY MATH AND EVERYTHING I DID MY MATH, I WAS LIKE, OKAY, I CAN FIT FIVE UNITS ON THIS PROPERTY.

[00:15:02]

I MET WITH THE CITY AND THEN THEY TOLD ME, WELL, NO, YOU CAN FIT SEVEN UNITS.

SEVEN. I SAID, THAT'S TOO MANY.

BASED ON THE SQUARE FOOTAGE AND THE DENSITY, CODE THAT YOU GUYS HAVE, THEY'RE LIKE, WELL, NO, IT CHANGED IN AUGUST OF 2022 BECAUSE, AGAIN, I MET WITH THEM IN SEPTEMBER AND OCTOBER, AND I WAS LIKE, OH, OKAY. WELL, BUT FOR THE PURPOSE OF THIS MEETING, IT'S FOR REZONING.

REZONING. CORRECT.

WHAT YOU WANT TO DO MAXIMIZE IS ENGINEERING AND OR ARCHITECT ARCHITECTURAL AND ENGINEERING.

YEAH. AND LIKE I SAID, I HAVE PLANS THERE THAT THAT FIT.

I'M LOOKING TO PUT FOUR TWO BEDROOM UNITS AND FOUR ONE BEDROOM UNITS WHICH I'VE I FIT THE PARKING, I FIT THE TRASH CANS, I FIT THE LANDSCAPING.

ACCORDING TO AGAIN, I'M A BUILDER AS WELL.

SO I MEAN, I KNOW WHAT'S WHAT'S NEEDED.

HOW MUCH LAND DO YOU HAVE THERE? POINT POINT FOUR, 70.5 ACRES, SOMETHING LIKE THAT.

I LIKE LESS THAN A HALF AN ACRE.

IT'S A IT'S, THESE WERE 50, BUT THIS IS.

66 60 66 BY ONE 47,700FT².

REGULAR SMALL CITY SIZED LOT.

YEAH, IT JUST JUST BOGGLES MY MIND THAT YOU CAN GET EIGHT UNITS IN THAT IN THAT SPACE.

WELL, IF YOU DO, IT'S TWO.

WHAT'S THE TWO STORY? WHAT'S THE TIMELINE ON THIS THING? I MEAN FOR, FOR FOR A LOT.

THAT'S 8000FT².

THOSE ARE YOUR WHAT WE'RE SEEING TYPICALLY FOR THE FOURPLEXES.

SO FOR YOU, I GUESS YOU CAN SAY THAT FOR EVERY 2000FT², YOU CAN GET ONE APARTMENT, ONE TWO BEDROOM APARTMENT.

SO THIS ONE'S A LITTLE BIT OVER.

ALMOST 10,000. ALMOST 10,000.

SO I WOULD SAY YOU CAN GET MAYBE FIVE UNITS.

WE'RE DOING WE'RE DOING TWO STORIES.

SO THERE WOULD BE FOUR TWO BEDROOM UNITS AND FOUR ONE BEDROOM UNITS.

SO BASICALLY SIX WHAT ABOUT THE TIMELINE ON THIS THING.

DID WE MAKE THAT CHANGE THAT NOW IT DOESN'T FIT INTO THAT WOULD BE UP TO HIM.

ONE OF THE THINGS WE CAN DO ON THIS PARTICULAR ITEM, IS WE CAN TABLE IT, HAVE A CHANCE TO REVIEW WHAT HIS EMAILS SAY, HAVE A CHANCE TO GO WITH LEGAL TO SEE WHAT THE RAMIFICATION.

I THINK THAT'S. AND THAT'S MY OPINION, GUYS.

BUT I THINK THAT MIGHT BE THE ONLY FAIR THING TO DO IS LET HIM TALK TO YOU AGAIN AND SEE IF THERE'S SOME KIND OF A COMPROMISE, BECAUSE OBVIOUSLY HE STARTED WITH THE WITH THE RIGHT INTENTIONS. BUT NOW WE'VE COME ACROSS THIS.

BUT I DO WANT TO MAKE CLEAR THAT IT WAS WHEN YOU BOUGHT IT.

IT WAS RESIDENTIAL PRIMARY, RIGHT? NO, IT WAS OTTO. OTTO. URBAN.

YEAH. SO. AND WHEN DID IT CHANGE? IT CHANGED IN AUGUST OF AUGUST 22ND OF 2022 WHEN THE UDC WAS ADOPTED.

OKAY, BUT HE SAID HE MET SOMEBODY AT OCTOBER.

I MET IN OCTOBER. YEAH.

WHAT WHAT PROBABLY HAPPENED IS THAT THOSE MAPS WEREN'T TRANSITIONED RIGHT AWAY.

IT TOOK STAFF SOME TIME.

SOME TIME TO UPDATE ALL THOSE MAPS.

OKAY. YEAH. AND. YEAH.

YEAH. AND THAT'S WHAT THEY HAD TOLD ME IN THAT MEETING IN OCTOBER.

THEY HAD TOLD ME THAT IN AUGUST THAT CODES HAD CHANGED AND THE DENSITY, HAD CHANGED.

SO YOU CAN FIT X NUMBER OF UNITS ON WHATEVER SQUARE FOOTAGE.

AND AGAIN, THEY HAD TOLD ME IN AUGUST.

SO IT MADE IT MADE THE LAND EVEN MORE APPEALING TO ME, KNOWING THAT I COULD FIT AN EXTRA, YOU KNOW, I WAS GOING TO DO FIVE, BUT NOW I CAN DO SIX. YOU KNOW, I CAN DO ALL OUR UNIT.

I'LL GO AHEAD AND MAKE THAT MOTION TO TABLE, FOR NOW UNTIL I'LL SECOND.

OKAY. WERE YOU DONE, SIR? YEAH. THAT'S ALL I APPRECIATE.

I'M GOING TO CLOSE THE FLOOR FOR PUBLIC COMMENTS.

THANK YOU, SIR, AND THEN WE'LL GO AHEAD AND, COMMISSION.

WE HAVE A MOTION MOTION TO TABLE.

TABLE IT AND WE GOT A SECOND.

I'LL SECOND IT. EVERYBODY IN FAVOR PLEASE RAISE YOUR RIGHT HAND.

VERY OPPOSED. SAME SIGN. MOTION CARRIES.

[C. Consider the Rezoning Request from Agriculture & Open Space (AO) District to Residential, Suburban (RS) District, Being a 1.30 acre tract of land out of the East one-half of lot 15, Section 233, Texas Mexican Railway Company Survey, Located at 5505 W Schunior Road Unit A , As Requested By Roy Luna Jr.]

ITEM NINE C WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM AGRICULTURE AND OPEN SPACE DISTRICT TO RESIDENTIAL SUBURBAN DISTRICT.

BEING A 1.30 ACRE TRACT OF LAND OUT OF EAST ONE HALF OF LOT 15, SECTION 233 TEXAS MEXICAN RAILWAY COMPANY SURVEY LOCATED AT 5505 WEST JUNIOR ROAD UNIT A STAFF.

YES. COMMISSIONER, THIS IS A REZONING REQUEST FROM AGRICULTURAL TO RESIDENTIAL SUBURBAN.

THE APPLICANT HAS A 1.30 ACRE TRACT OF LAND.

AND, THIS IS AN IN AN AREA THAT WAS RECENTLY ANNEXED, SEVERAL YEARS AGO.

AND, HE'S WANTING TO BUILD A HOME, AND HE DOESN'T MEET THE REQUIREMENTS FOR AN AGRICULTURAL SIZED PROPERTY.

SO THE NEXT THING TO DO IS TO REZONE IT TO RESIDENTIAL.

SUBURBAN. THERE WAS NO OPPOSITION.

STAFF IS RECOMMENDING APPROVAL.

AND WE'RE RECOMMENDING APPROVAL OF THIS ITEM.

OKAY. AT THIS TIME, I'D LIKE TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS.

NO PUBLIC COMMENTS. COMMISSION.

I'VE GOT A QUESTION. DO YOU KNOW WHAT THEY'RE DOING THERE? THEY WANT TO BUILD A HOUSE. THEY JUST WANT TO BUILD THIS LITTLE HOUSE.

BUILD A HOUSE? YEAH. AND THEY DO HAVE ACCESS TO RIGHT AWAY.

IT'S A IT'S A FLAG SHAPED LOT, BUT IT DOES HAVE ACCESS TO SCHOONER.

OKAY. MOVE TO APPROVE.

WE MOVE TO APPROVE. WE HAVE A SECOND.

EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

OPPOSED? SAME SIGN. MOTION CARRIES.

ITEM NINE D. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM RESIDENTIAL PRIMARY DISTRICT TO COMMERCIAL NEIGHBORHOOD.

[D. Consider the Rezoning Request from Residential Primary (RP) District to Commercial, Neighborhood (CN) District, Being Lot 21, Block 1, Gernentz Subdivision, Located at 218 South Raul Longoria Road, As Requested By La Florida Multiservices, LLC.]

DISTRICT BEING LOT 21, BLOCK ONE.

[00:20:03]

GARNET SUBDIVISION LOCATED AT 218 SOUTH RAUL LONGORIA ROAD.

STAFF. YES, SIR.

COMMISSIONER. THIS IS A REZONING REQUEST TO GO FROM RESIDENTIAL PRIMARY TO COMMERCIAL NEIGHBORHOOD.

AND THIS IS AT 2018 SOUTH RAUL LONGORIA.

AND WHAT WE HAVE HERE IS IT'S AN AREA THAT WE'VE WE'VE SEEN A LOT OF RECENT CHANGES TO THE ZONING.

A LOT OF PEOPLE HAVE APPLIED FOR EITHER COMMERCIAL NEIGHBORHOOD OR GENERAL COMMERCIAL.

THIS ONE'S NO DIFFERENT. THEY'RE ASKING FOR A.

COMMERCIAL NEIGHBORHOOD ZONING AT THIS PARTICULAR SITE.

WE DID RECEIVE ONE LETTER IN OPPOSITION, BUT WE ALSO RECEIVED TWO IN FAVOR, ONE THAT WAS INCLUDED IN THE PACKET AND ONE WAS THAT WAS HANDED OUT EARLIER TODAY.

BECAUSE IT IS ON RAUL LONGORIA AND WE'VE SEEN THIS AREA TRANSITION IN IN RECENT TIMES, WE'RE RECOMMENDING APPROVAL OF THE REZONING REQUEST.

OKAY. AT THIS TIME, I'D LIKE TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS.

I WILL CLOSE THE FLOOR COMMISSION.

I'VE GOT A QUESTION. DO YOU KNOW WHAT THEY'RE PLANNING TO DO THERE? THEY DID NOT DISCLOSE THAT TO US.

NO, NO. BUT WITH THEIR LIMITED COMMERCIAL NEIGHBORHOOD, A LESS INTENSE COMMERCIAL ZONING.

YEAH, WE USUALLY SEE LIKE NAIL SALONS, BARBERSHOPS, DRY CLEANERS.

DOES IT HAVE TO KEEP THE INTEGRITY OF A HOME LOOKING LIKE A HOME? WE TRIED TO TO TO KEEP THE SAME ROOF PITCHES AS A HOME AND MAKE IT LOOK LESS COMMERCIAL, LIKE LESS STICK OUT FROM.

THEY ALSO HAVE GREATER LANDSCAPING REQUIREMENTS THAN A GENERAL COMMERCIAL.

SO IT'S A LITTLE BIT MORE STRINGENT.

OKAY. I'LL MAKE A MOTION TO APPROVE.

WE HAVE A MOTION TO APPROVE. DO I HAVE A SECOND? I'LL SECOND IT. I HAVE A SECOND.

EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

VERY OPPOSED. SAME SIGN. MOTION CARRIES.

[E. Consider the Rezoning Request from Agricultural & Open Space (AO) District to Residential Primary (RP) District, Being all of Lot 2 and West 1⁄2 of Lot 3, Block 26, Located at 206 Wilson Avenue, As Requested By Noelia Luna.]

WE'RE GOING TO GO TO ITEM NINE E.

CONSIDER THE REZONING REQUEST FROM AGRICULTURAL AND OPEN SPACE DISTRICT TO RESIDENTIAL PRIMARY DISTRICT, BEING ALL OF LOT TWO AND WEST HALF OF LOT THREE, BLOCK 26 LOCATED AT 206 WILSON AVENUE.

STAFF. YES.

THIS IS A REZONING REQUEST FROM AGRICULTURAL TO RESIDENTIAL PRIMARY.

THE APPLICANT OWNS A LOT THAT MEASURES 75 BY ONE, 60 OR 12,000FT².

THIS IS IN THE PHASE BUILD AREA.

THE PROPERTY WAS ANNEXED IN DECEMBER OF 2013.

AND LIKE OTHERS THAT WE'VE SEEN HERE, THAT HAVE COME THROUGH THIS COMMISSION, IN THE FAYETTEVILLE AREA.

THE APPLICANT DESIRES TO BUILD A SINGLE FAMILY HOME ON THE SITE.

THERE WAS NO OPPOSITION.

STAFF IS RECOMMENDING APPROVAL.

OKAY. I'D LIKE TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS.

NO PUBLIC COMMENTS.

WE'LL CLOSE THE FLOOR COMMISSION.

MOVE TO APPROVE. MOVE TO APPROVE.

HAVE A SECOND. I'LL SECOND.

WE HAVE A SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

VERY OPPOSED. SAME SIGN.

[F. Consider the Rezoning Request from Commercial, Neighborhood (CN) District to Commercial, General (CG) District, Being Lot 1, Urbano Vista Subdivision, Unit No. 1, Located at 2106 East University Drive, As Requested By Antonio Vera.]

MOTION CARRIES. NO.

ITEM NINE F. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM COMMERCIAL NEIGHBORHOOD DISTRICT TO COMMERCIAL GENERAL DISTRICT BEING LOT ONE, URBANO VISTA SUBDIVISION, UNIT NUMBER ONE, LOCATED AT 2106 EAST UNIVERSITY DRIVE.

STAFF. YES, SIR.

THIS IS A REZONING REQUEST TO GO FROM COMMERCIAL NEIGHBORHOOD TO COMMERCIAL GENERAL.

IT'S AT 2101 EAST UNIVERSITY DRIVE.

I WILL SAY THAT THIS IS A CORNER LOT, AND THE APPLICANT IS ALSO THE OWNER OF VERA'S MEAT MARKET, WHICH EVERYONE KNOWS HERE IN THE CITY OF EDINBURG.

THE REQUEST IS TO REZONE THIS TO COMMERCIAL GENERAL.

BEING THAT IT IS A HARD CORNER LOT, AND BEING THAT IT HAS FRONTAGE TO 107 OR UNIVERSITY DRIVE.

STAFF DOES NOT OBJECT.

WE HAD NO OPPOSITION ON THIS, REZONING REQUEST, AND WE'RE RECOMMENDING APPROVAL.

OKAY. AT THIS TIME, I'D LIKE TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS.

MY NAME IS GILBERT ORTIZ.

I'M HERE AS A FRIEND TO THE OWNER OF THE PROPERTY, WHICH IS TONY VERA.

IS ON THIS PROPERTY FOR OVER 30 YEARS.

AND IT IS.

IT IS STRATEGICALLY LOCATED AT A PLACE WHERE THERE'S A LOT OF BUSINESS AND THE LAND APPRECIATES AND VALUE.

HE'S HAD AN IDOL FOR MANY YEARS, AND THERE'S NEVER BEEN A COMPLAINT ABOUT TRASH, ABOUT, NOISE, ABOUT ANY KIND OF BAD BEHAVIOR.

IF YOU DROVE BY THERE, IT ALMOST LOOKS LIKE A RESIDENTIAL LOT.

ALTHOUGH IT IS NOT.

IT'S NOT INVASIVE IN WHAT HE PLANS TO DO WITH IT, WHICH IS TO RENT IT OUT TO A BUSINESS ONCE IT IS REZONED.

HE IS CO-OWNER OF THE ADJACENT PROPERTY, WHICH IS WHERE VERA'S MEAT MARKET SITS.

[00:25:01]

HE IS A CO-OWNER OF THAT.

ACROSS THE STREET.

IT'S ALL BUSINESSES.

THERE'S A RESTAURANT, THERE'S A DAYCARE, THERE'S USED CAR LOTS.

AND HE HAPPENS TO OWN THAT DAYCARE.

SO THIS IS A WIN WIN SITUATION.

IT'S REZONE TO COMMERCIAL.

HE RENTS IT OUT.

WHOEVER RENTS IT OUT WILL HAVE INCOME, WILL HAVE, WILL PAY TAXES.

HE WILL HAVE INCOME FROM THE PROPERTY.

HE WILL HAVE, HE WILL BE PAYING TAXES.

THIS IS A GREAT CITY THAT WE LIVE IN.

AND ONE MORE BUSINESS IN THE CITY IS THE TYPE OF THING THAT FAVORS OUR COMMUNITY.

SO I DON'T EXPECT ANY ADVERSE ITEMS TO COME UP.

I'VE TALKED TO MR. JAIME ACEVEDO. INCIDENTALLY, THIS GENTLEMAN IS VERY ACCESSIBLE.

THERE'S NO RED TAPE.

YOU DON'T NEED A FORMAL APPOINTMENT 2 OR 3 DAYS IN ADVANCE.

YOU SHOW UP, AND IF YOU'RE LEGIT AND IT'S WORTH DISCUSSING, HE'S TOTALLY ACCESSIBLE.

AND THAT GENTLEMAN OVER THERE WHO'S A CITY ATTORNEY IS ONE OF THE BEST WE'VE EVER HAD.

SO, ALL THINGS CONSIDERED, OUR INTENTIONS ARE GOOD TO THE BENEFIT OF THE PROPERTY OWNER OF BENEFIT TO THE CITY.

AND I THANK YOU ALL FOR YOUR TIME.

I MYSELF WAS A PLANNING AND ZONING COMMISSIONER AND UNDERSTAND THAT RUDY RAMIREZ'S MOTHER IN LAW DIED.

SO WE ALL HAVE OUR OWN LIVES, AND THE TIME YOU SACRIFICE IS VERY VALUABLE AND VERY MUCH APPRECIATED.

THANK YOU, THANK YOU, THANK YOU VERY MUCH.

I WILL GO IN AND CLOSE THE FLOOR FOR PUBLIC COMMENTS COMMISSION.

SO CAN WE SAY NO? I'LL MAKE A MOTION TO APPROVE.

WE GOT A MOTION TO APPROVE. I'LL SECOND THE MOTION.

[G. Consider the Rezoning Request from Agricultural & Open Space (AO) District to Residential, Primary (RP) District, Being 24.99 acres of lot 15, Section 248, Texas- Mexican Railway Company Survey Subdivision, Located at 3201 East Mile 17 1⁄2 Road, As Requested By Carlos Gaytan .]

SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

VERY OPPOSED. MOTION CARRIES.

WE'RE GOING TO GO TO ITEM NINE G.

CONSIDER THE REZONING REQUEST FROM AGRICULTURAL AND OPEN SPACE DISTRICT TO RESIDENTIAL PRIMARY DISTRICT BEING 24.99 ACRES OF LOT 15, SECTION 248 TEXAS MEXICAN RAILWAY COMPANY SURVEY SUBDIVISION LOCATED AT 3201 EAST MILE 17.5 ROAD.

YES, COMMISSIONER. THIS IS A REZONING REQUEST TO GO FROM AGRICULTURAL OPEN TO RESIDENTIAL PRIMARY.

IT'S A 24.99 ACRE TRACT OF LAND, AND THE APPLICANT IS PROPOSING 121 SINGLE FAMILY LOTS, ALL EXCEEDING THE RESIDENTIAL PRIMARY REQUIREMENTS.

ONE OF THE THINGS THAT I WILL NOTE IS, IF YOU SEE THERE ON YOUR, ON YOUR MONITORS, THAT THE TWO PROPERTIES THERE ARE, THERE ARE TWO LARGE PROPERTIES IN THE AREA, ONE TO THE WEST AND ONE TO THE EAST THAT ARE ALREADY ZONED RESIDENTIAL PRIMARY.

SO THIS THIS FITS THE THE USES THAT ARE IN THE AREA.

AND WE'RE RECOMMENDING APPROVAL.

THERE WAS NO OPPOSITION FROM ANY OF THE.

OF THE PEOPLE THAT RECEIVED NOTIFICATION OF THIS ITEM.

OKAY. I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS.

NO COMMENTS. WE'LL GO AND CLOSE THE FLOOR COMMISSION.

MOVE TO APPROVE. MOVE TO APPROVE.

I HAVE A SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND.

VERY OPPOSED. SAME SIGN.

[A. Consider Variance Requests to the City's Unified Development Code: 1) Section 5.203-1 Right- of-Way & Paving Width and 2) Section 5.209 Sidewalks, for Owassa Place Subdivision, being a 9.655 acre tract out of Lot 15, Block 54, Alamo Land & Sugar Company’s Subdivision, located at 8101 East Owassa Road, As Requested By Melden & Hunt, Inc.]

MOTION CARRIES.

WE'RE GONNA MOVE ALONG TO THE VARIANCE REQUEST.

ITEM TEN A.

TO CONSIDER THE VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE, SECTION 5.203-1 RIGHT OF RIGHT OF WAY AND PAVING WITH AND SECTION 5.209 SIDEWALKS FOR OWOSSO PLACE SUBDIVISION BEING A 9.655 ACRE TRACK OUT OF LOT 15, BLOCK 54 ALAMO LAND AND SUGAR COMPANY SUBDIVISION LOCATED AT 8101 EAST OWOSSO ROAD.

SO YES. SO THIS IS A VARIANCE REQUEST BY MELDON AND HUNT WHO'S THE AUTHORIZED AGENT FOR THE OWNER OF THE PROPERTY.

AND THEY'RE REQUESTING TWO THINGS.

A WAIVER OF THE RIGHT OF WAY PAVING WITH, ESCROW AMOUNT AND THE ELIMINATION OF THE SIDEWALKS.

NOW, ONE OF THE THINGS THAT I'VE ASKED TO ASK STAFF TO, TO LOOK AT IS HOW FAR AWAY IS IT FROM THE CITY'S CURRENT CITY LIMIT BOUNDARIES? AND THE PROPERTY IS ABOUT 3.8 MILES AWAY FROM THE CITY LIMITS.

AND THEN ALSO IT'S 2.1 MILES AWAY FROM THE NEAREST SCHOOL.

SO BASED ON THOSE TWO, I GUESS FACTS, WE ARE RECOMMENDING THAT THE APPLICANT GIVE UP THE RIGHT OF WAY THAT'S REQUIRED FOR THE FUTURE WIDENING OF THE ROAD, BUT NOT NECESSARILY ESCROW OR BUILD THE SIDEWALKS.

THERE'S NO SCHOOLS IN THE AREA.

SO ONE OF THE THINGS THAT WE'VE SEEN IS THAT IF THERE'S NO SCHOOLS IN THE AREA, THE SIDEWALKS ARE USUALLY NOT MAINTAINED BY THE COUNTY, SO THEY GET COVERED WITH GRASS.

ANYWAYS. SO, WE'RE RECOMMENDING APPROVAL OF THE TWO VARIANCES.

AS LONG AS THE APPLICANT IS WILLING TO GIVE UP THE RIGHT OF WAY FOR FUTURE ROAD WIDENING.

AND I BELIEVE THE APPLICANT IS HERE AND HE HAS AGREED TO THAT.

OKAY. ALL RIGHT.

COMMISSION. I'LL MAKE A MOTION TO APPROVE BASED ON STAFF'S RECOMMENDATION.

WE HAVE A MOTION TO APPROVE BASED ON STAFF RECOMMENDATION.

DO I HAVE A SECOND? SECOND.

WE HAVE A SECOND. EVERYBODY IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

[00:30:01]

VERY OPPOSED. SAME SIGN.

MOTION CARRIES.

[B. Consider Variance Request to the City's Unified Development Code, Article 5, Section 5.203- 1, Right-of-Way & Paving Width, Highest Praise Church RGV Subdivision, being a 0.84 acre tract of land out of Lot 18, M.L. Woods Tract No. 4 Subdivision, located at 818 East Trenton Road, As Requested By Rio Delta Engineering.]

ITEM TEN B. WE'RE GOING TO CONSIDER THE VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE.

ARTICLE FIVE, SECTION 5.203-1.

RIGHT OF WAY IN PAVING WITH HIGHEST HIGHEST PRAISE CHURCH RGB SUBDIVISION BEING A 0.84 ACRE TRACT OF LAND OUT OF LOT 18 MILL WOODS TRACK NUMBER FOUR SUBDIVISION LOCATED AT 818 EAST TRENTON ROAD, STEPH.

YES, COMMISSIONER. THIS IS A VARIANCE REQUEST, TO FOREGO THE STREET WIDENING COST, FOR A PROPERTY THAT WAS RECENTLY PURCHASED BY A NONPROFIT.

THIS IS A CHURCH THAT PURCHASED A HOME, THAT FRONTS TRENTON ROAD.

IT'S ABOUT 800FT EAST OF THE EXPRESSWAY.

AND, THEY'RE WANTING TO GIVE UP THE THEY'RE THEY'RE WILLING TO GIVE UP THE ADDITIONAL RIGHT OF WAY THAT'S NEEDED TO WIDEN THE ROAD IN THE FUTURE.

BUT AT THIS TIME, THEY ARE REQUESTING CONSIDERATION TO WAIVE THOSE STREET WIDENING FEES.

I DID HAVE A CHANCE TO TALK TO THE ENGINEER OF THIS PROJECT, AND, HE HAS TOLD ME THAT, IT'S THERE'S A HIGH PROBABILITY THAT THIS STREET IS GOING TO BE PAVED BY THE MPO, SO THE CITY WON'T HAVE TO INCUR ANY COST OF THIS WIDENING IN THE FUTURE.

SO THERE WAS NO OPPOSITION, AND, WE RECOMMEND APPROVAL.

OKAY. I MEAN, THIS IS, THIS IS TO BUILD THE CHURCH THERE.

CORRECT? IT'S A FAIRLY SMALL LOT.

THAT'S A LOT OF TRAFFIC, MAN.

IT IS A HIGH TRAFFIC AREA.

YEAH. OKAY.

GOOD WAY TO GET MEMBERS, I GUESS.

WAS THE ENGINEER PRESENT, MR. AZEVEDO, OR, YEAH.

OKAY. THE ACTUAL FEES, I THINK.

UP THE STREET WIDENING.

GOOD AFTERNOON, COMMISSIONERS IVAN GARCIA WITH RIO DELTA ENGINEERING ON BEHALF OF THE OWNER.

AND THEY'RE HERE PRESENT IN CASE YOU HAVE ANY QUESTIONS FOR THEM.

LIKE I'M SAYING, THEY PURCHASED THE PROPERTY WITH THE INTENT OF JUST REMODELING A LITTLE BIT.

THE, THE HOUSE THAT IT'S THERE, MAYBE ADDING A LITTLE BIT OF PARKING SO THEY CAN USE THE FACILITIES AS A CHURCH.

REALLY? WE'RE GOING THROUGH THE SUBDIVISION PROCESS BECAUSE THE PROPERTY WAS NEVER PLATTED.

AND IN ORDER TO GET A BUILDING PERMIT FOR THE REMODEL, THEY NEED TO GO THROUGH THIS PROCESS.

SO, THAT IS WHY WE'RE GOING THROUGH THE PROCESS.

AND AGAIN, ON THE VARIANCE REQUEST, I GUESS THERE'S A PROJECT BETWEEN THE CITY AND THE COUNTY TO WIDEN TRENT ON, ALL THE WAY, I GUESS, FROM THE CITY LIMITS TO THE COUNTY LINE AND FROM THE COUNTY LINE GOING EAST.

SO WITH THAT IN CONSIDERATION, AND GIVEN THE FACT THAT IT'S A NONPROFIT, THAT IS WHY WE'RE, COMING WITH THIS REQUEST AND AGAIN, ON THE RIGHT OF WAY, DEDICATION.

WE DO HAVE AN ISSUE.

IT'S QUITE A SUBSTANTIAL AMOUNT OF RIGHT-OF-WAY.

IT'S ABOUT 30FT OF ADDITIONAL RIGHT OF WAY THAT ARE BEING DEDICATED.

BUT IT'S NO ISSUE.

IT'S JUST, THE ESCROW FOR THE WIDENING.

AND AGAIN, MY CLIENT IS HERE IN CASE YOU HAVE ANY QUESTIONS FOR THEM.

THANK YOU. MOTION TO APPROVE A MOTION TO APPROVE.

DO I HAVE A SECOND? SECOND.

WE HAVE A SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. PRETTY OPPOSED.

SAME SIGN. MOTION CARRIES.

THANK YOU. THIS TIME I'D LIKE TO, MAKE A MOTION FOR THE CONSENT AGENDA.

[11. Consent Agenda]

[A. Consider the Final Plat of Cole Crossing Subdivision, being an 18.00-acre tract of land out of Lots 12 & 13, Block 35, Santa Cruz Gardens Unit No. 2, as per map or plat thereof recorded in Volume 8, Page 28, Map Records of Hidalgo County, Texas, located at 2200 Ramseyer Road, As Requested By SDI Engineering, Inc.]

YOU'RE GOING TO MAKE THE MOTION.

OH, YEAH. I'LL MAKE A MOTION TO APPROVE AS RECOMMENDED BY STAFF A AND B.

[B. Consider the Final Plat of Silverstone Heights Subdivision, being an 24.99 acre tract of land out of Lot 15, Section 248, Texas-Mexican Railway Company’s Survey, located at 2602 North Doolittle Road, As Requested By NAIN Engineering, LLC.]

A DIDN'T HAVE AN A AND B HERE, BUT YES THIS IS A TWO.

YES TWO SUBDIVISION OKAY.

SO YEAH I'LL DO A CONSENT AGENDA A AND B.

SECOND. WE'RE TAKING THEM TOGETHER, RIGHT? YES. YEAH. LET'S HAVE A SECOND.

SECOND. EVERYBODY IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

[12. Information Only]

OPPOSED? SAME SIGN. MOTION CARRIES.

ANY OTHER COMMENTS? NO.

I JUST WANT TO THANK EVERYBODY FOR SHOWING UP TODAY.

I WILL SAY THAT, RUDY.

RAMIREZ. RODOLFO.

RUDY RAMIREZ LOST HIS MOTHER IN LAW OVER THE WEEKEND, SO HE WAS NOT ABLE TO ATTEND THIS MEETING HERE TONIGHT.