I GET A MOTION. THANK YOU. [00:00:02] EVERYBODY IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. NOW, ITEM EIGHT, A RECONSIDER THE VARIANCE REQUEST TO THE CITY UNIFIED DEVELOPMENT CODE, [1. Call Meeting To Order, Establish Quorum] [A. Prayer] [B. Pledge of Allegiance] ARTICLE FOUR, SECTION 4.303. [2. Certification of Public Notice] [3. Disclosure of Conflict of Interest] [4. Meeting Procedures] PERMANENT SIGNS BEING LOT ONE FREEDOM BANK AT LA SIERRA SUBDIVISION LOCATED AT 4120 NORTH [5. PUBLIC COMMENTS] I-69C, AS REQUESTED BY A-1 SKYLINE SIGNS. [6. ABSENCES] [7. MINUTES] [8. PUBLIC HEARINGS] [A. Consider the Variance Request to the City’s Unified Development Code Article 4, Section 4.303,] YES, COMMISSIONER. THE REQUEST IS FOR A ITEM THAT WAS PREVIOUSLY TABLED AT THE LAST MEETING. THIS IS AT 4120 NORTH I-69. THIS IS IN THE NEAR THE LA SIENNA DEVELOPMENT. I WILL SAY THAT IN DRIVING OUT THERE IT'S IN AN AREA WHERE THERE'S A CURVATURE IN THE ROAD. THERE'S ALSO AN OVERPASS. THERE'S AN ACCESS ROAD THAT MEETS WITH THE FRONTAGE ROAD ALONG THE BOTTOM, AND THERE'S A GOOD SECTION OF RIGHT OF WAY BEFORE YOU GET TO THE ACTUAL LOT WHERE THE SIGN IS BEING PROPOSED. THE SIGN ITSELF IS OVER 250FT AWAY FROM THE EXPRESSWAY NORTHBOUND LANE. AND THE APPLICANT IS REQUESTING TO HAVE A 701 SQUARE FOOT SIGN INSTEAD OF A OF A 200 SQUARE FOOT SIGN, WHICH IS WHAT'S REQUIRED OR THE MAXIMUM THAT'S ALLOWED FOR THE AREA. I WILL SAY THAT WE DO ALLOW UP TO 600FT² IN THE CASE OF A TENANT SIGN, IF IT WAS TO HAPPEN, IF THEY WERE TO TO BE PROPOSING MULTIPLE TENANTS. BUT IN THIS CASE, IT'S JUST ONE BUSINESS AT THIS TIME. AND WE DID GET A REQUEST FROM THE APPLICANT THAT SHOWED SOME PICTURES OF SOME OTHER SIGNS THAT HAVE BEEN APPROVED IN THE AREA, AND IT WAS INCLUDED IN YOUR PACKET. BUT SOME OF THOSE SIGNS ARE THE BERT OGDEN GMC SIGN THAT EXCEEDS OVER 800FT². AND THEN THERE WAS ANOTHER ONE FOR A LAW FIRM THAT'S A LITTLE BIT OVER 450FT². 50FT². THERE WAS SOME OTHER PICTURES OF SOME GRANDFATHERED BILLBOARDS OF SOME MULTI-TENANT SIGNS. BUT THAT'S NOT APPLES TO APPLES. THOSE ARE MULTI-TENANT SIGNS. SO THE ONLY TWO THAT ARE SIMILAR IS THE BERT OGDEN ONE AND THE ONE FOR THE LAW FIRM OF JAY GONZALEZ. HOW BIG IS THIS SIGN? THIS SIGN IS 701. I THINK ALSO THE ONE NEXT TO MR. VICTOR'S FOR RIO GRANDE STEEL IS ALSO A BIG BILLBOARD FOR ONE TENT FOR ONE PERSON. THAT'S CORRECT. BUT I THINK MR. MALDONADO PURCHASED THE BILLBOARD FROM THE COMPANY, AND THAT'S WHERE HE'S GOT HIS. HE OWNS IT, CORRECT. BUT IT'S ONLY ONE PERSON. IT'S ONLY ONE BUSINESS. CORRECT? YEAH. NOW IS CAN WE ASK A QUESTION? YES. OKAY. YOU MENTIONED THAT IT'S ONE BUSINESS, BUT ARE THERE GOING TO BE DIFFERENT ADVERTISEMENTS OF OTHER BUSINESSES ON THIS SIGN? NO. ONE OF THE THINGS IS THAT ON THESE ON THESE BUSINESS SIGNS, WE DON'T ALLOW FOR OFF PREMISE SIGNAGE. IT NEEDS TO BE ONLY RELATED TO THE BUSINESS THAT'S THERE. OKAY. NOW LATER ON, YOU HAVE ANOTHER. IT'S IT'S A BIG PROPERTY. SO THERE'S GOING TO BE MORE BUSINESSES THERE. HOW IS THAT GOING TO WORK? THAT WAS ONE OF THE THINGS THAT I WANTED TO TO, TO DISCUSS WITH THE ENGINEER WHO WAS HERE IN THE AUDIENCE TONIGHT. I WANTED TO KNOW IF THERE'S ANY FUTURE PLANS TO HAVE OTHER TENANTS CO-LOCATE THEIR SIGNAGE ON THERE. DID THEY DID THEY SAY THERE IS OTHER? I HAVEN'T TALKED TO MARIO, BUT MARIO. OKAY, WHO'S THE ENGINEER? OH, MELON AND HUNT. YES. OKAY. GOOD AFTERNOON, MR. CHAIRMAN. MEMBERS OF THE PLANNING AND ZONING COMMISSION. MY NAME IS MARIO REINA. I'M REPRESENTING FREEDOM BANK. I'M ACTUALLY A BOARD MEMBER AT THE BANK. AND I'M HERE TODAY ON BEHALF OF ART ORTEGA. TO ANSWER YOUR QUESTION, THIS SIGN WILL BE ON THE PROPERTY OF THE BANK, BUT IT WILL ADVERTISE LA CIENEGA. THE COMING DEVELOPMENTS AND KIND OF THE BIGGER MASTER PLAN PICTURE AS A WHOLE. SO IT WON'T BE JUST A BANK SIGN BY ITSELF. IT WILL ACTUALLY ADVERTISE FOR THE ENTIRE MASTER PLAN DEVELOPMENT. ARE THERE GOING TO BE FUTURE BUSINESSES NEXT TO OR ADJACENT TO THIS? THE INTENT? THIS IS ALREADY A RECORDED NINE. LOTS OF COMMERCIAL LOTS AROUND THE RESACA. DO THEY BENEFIT FROM THIS SITE? I BELIEVE SO, IN MY OPINION. YES, SIR. THAT WAS MY QUESTION LAST TIME. THAT'S SOMETHING THAT CAN BE WORKED OUT BETWEEN THEM. IS THAT SOMETHING THAT CAN BE WORKED OUT? YES, SIR. YEAH. BECAUSE THEN EVERYBODY'S GOING TO WANT TO HAVE A SIGN IN THAT SAME PROPERTY. THAT'S MY CONCERN. AND IT'S A CHANGEABLE PHASE. SO THEY COULD DEFINITELY TAKE ADVANTAGE OF THAT. IT'S A DIGITAL SIGN. IT'S A DIGITAL SIGN. YEAH. WHAT'S THE WHAT ARE THEY GOING TO BE ADVERTISING? JUST FREEDOM BANK OR ALSO ADVERTISE FREEDOM BANK. WE'RE WORKING WITH MR. BURNS, WHO WAS THE SELLER OF THE PROPERTY. I'M ACTUALLY HIS ENGINEER AS WELL. HE WANTS TO ADVERTISE LA SERNA AS A WHOLE. THE UPCOMING DEVELOPMENTS THAT ARE GOING TO BE COMING FORWARD IN KIND OF THE THE REASON FOR THE SIZING. WE WE HIRED THE SIGN COMPANY. THEY CAME IN AND DID A STUDY. SO WHEN YOU'RE COMING SOUTHBOUND, LIKE HE SAID, YOU'RE 250FT FROM THE NORTHBOUND. YOU'RE EVEN FURTHER FROM THE SOUTHBOUND. THERE'S SOME PICTURES IN YOUR PACKET. IT'S 300 PLUS. YES, SIR. THERE'S SOME PICTURES IN YOUR PACKET WHERE THERE'S A CRANE WHERE IT'S REALLY HARD TO SEE WHEN YOU'RE COMING [00:05:03] SOUTHBOUND. IT IS A IT IS LIKE A THERE'S A CURVE THERE THAT'S NOT AS LIKE WHEN YOU PASS BY OGDEN, WHICH IS RIGHT THERE. CORRECT. YOUR YOUR EYES. SO I THINK THE, THE PICTURES THAT ARE IN YOUR PACKET ARE REALLY DEPICT THE REASON WHY WE NEED TO BE A LITTLE BIT LARGER THAN THE CODE ALLOWS. AND, AND THAT'S THE SIZE OF THE SIGN PEOPLE CAME UP WITH. THE CODE ALLOWS FOR HOW MUCH, HOW BIG THE CODE ALLOWS FOR FOR A SINGLE TENANT SIGN WITH NO OTHER BUSINESSES, TWO 200FT². BUT IF THEY'RE GOING TO HAVE MULTIPLE BUSINESSES ON THERE, WE ALLOW UP TO 600FT². WELL, IN THIS CASE, THE SIENNA ENTIRELY IS IS A RESIDENTIAL TYPE BUSINESS, RIGHT? AND THEY HAVE APARTMENTS. YEAH. IT'S MULTIPLE I WOULD SAY IT'S NOT JUST ONE ONE BUSINESS. THAT'S WHY I MEAN, I HADN'T TALKED TO MARIO YOU ABOUT ADVERTISED FOR OTHER BUSINESSES. BECAUSE YOU'RE ENTERING THE CITY OF EDINBURGH AND THAT'S THE SIGN YOU'RE GOING TO SEE. SO ARE YOU GOING TO SEE ANY SORT OF ADVERTISEMENT FOR THE CITY OF SOME SORT? AND WELCOME TO EDINBURGH. OR THAT COULD BE WORKED OUT. THAT'S WHY I WANT TO EARMARK YOUR REQUEST AND YOUR VARIANCE. MAYBE JUST ON THE NORTH SIDE, BUT NOT ON, MR. CHAIR. IS THAT YOUR MOTION CONTINGENT, MR. CHAIR, IF I MAY? I GUESS THAT QUESTION HERE IS THE CITY SAYS THAT IF YOU BUILD A SIGN HERE, IT'S 200FT². SO. SO THEY'RE ASKING FOR 700. SO AND AGAIN, I MEAN, WITH ALL DUE RESPECT, I THINK THAT DEVELOPMENT IS MIXED USE. SO SO TYPICALLY ALONG THE FRONTAGE EXPRESSWAY MIGHT BE COMMERCIAL ON THE BACK END. YEAH. RESIDENTIAL. BUT BUT AGAIN I'M NOT THE DEVELOPER I THINK AT HAND IS WHETHER WE WANT TO APPROVE THIS OR NOT. AND MY. THE STATEMENT IS WE NEED CONSISTENCY, RIGHT? SO SO MAYBE AS A GROUP WE NEED TO FIGURE OUT THAT THAT THAT CODE. RIGHT. BECAUSE THERE'S NO CONSISTENCY. SO YOU CITED THE ATTORNEY I THINK IS JAY GONZALEZ. HE'S GOT A BIG SIGN BERT OGDEN ARENA. AND TO INCLUDE THE SCHOOL DISTRICT ALSO. SO AGAIN MAYBE THE OWNER COULD SAY, HEY, WE'RE DISCRIMINATING AGAINST HIM. AND AGAIN, I KNOW IT'S THE RULES, BUT I'M NEW TO THIS BOARD, SO I DON'T KNOW WHO APPROVED THESE OTHER SIGNS. RIGHT. SO I JUST WANTED TO SHARE THAT. AND AGAIN, I THINK THIS BOARD NEEDS TO BE CONSISTENT. AND AT THE END OF THE DAY, I THINK IT FALLS ON THE CITY FATHERS, THE MAYORS, THE COMMISSIONERS, ETCETERA. BUT AS FAR AS IF HE'S GOING TO ADVERTISE AND BE A GOOD NEIGHBOR AND PROMOTE THE CHAMBER, THE CITY, I DON'T KNOW IF. THIS IS A PLATFORM TO DISCUSS. AND AGAIN, I STAND TO BE CORRECTED. WELL, I JUST SAY BECAUSE IT'S RIGHT AT THE ENTRANCE. RIGHT. SO IT'S A BIG SIGN. A BIG SIGN. WHAT WAS THE RATIONALE BEHIND THE BIG SIGN? BECAUSE IT'S THE CURVATURE. BECAUSE THE CURVATURE IS FROM THE INCOMING TRAFFIC FOR ABOUT 350FT AWAY. COMING FROM NORTH FROM NORTHBOUND AND SOUTHBOUND IS ABOUT 250FT AWAY. SO IT'S NOT RIGHT NEXT TO A THOROUGHFARE LARGE. I THINK IT'S A 500 FOOT RIGHT OF WAY FOR THE HIGHWAY IN THIS SECTION. MR. CHAIRMAN, IF I MAY TWO THINGS. ONE, WE JUST GOT A REQUEST FROM OUR COMMUNICATIONS DEPARTMENT. I BELIEVE ONE OF THE FANS IS ON ON THE DAIS. IT'S KIND OF. THE NOISE IS BLEEDING INTO THE MIC A BIT. NOT SURE. PERFECT. AND TWO, THIS IS A PUBLIC HEARING, SO IT DOES NEED TO BE OPEN TO THE PUBLIC. PUBLIC COMMENTS PLEASE. YES. YES. I KNOW YOU HAD A QUESTION FOR YOU, BUT I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY MORE PUBLIC COMMENTS. GOOD EVENING, LADIES AND GENTLEMEN, BOARD MEMBERS. I WAS HERE THE LAST TIME, AND UNFORTUNATELY, I WAS NOT PREPARED. I DIDN'T KNOW HOW THE VARIANCE HERE IN EDINBURGH WORKED. THAT BEING SAID, I PROVIDED A LITTLE BIT MORE INFORMATION FOR EVERYBODY TO SEE IN REGARDS TO DISTANCE, ETC., OF OTHER SIGNS. ALONG THE CORRIDOR, YOU KNOW, STARTING THE SOUTHERNMOST POINT, GOING ALL THE WAY UP TO THE NORTHERNMOST POINT. I THINK YOU'RE YOU'RE THE VENDOR OF THE SIGN. YES. I'M. SORRY. ONE SECOND. LOEWENSTEIN. SO THE DISTANCE REALLY DOES PLAY A BIG FACTOR IN EXACTLY WHAT WHAT IS BEING PROPOSED. I KNOW THAT AS A CITY, WE HAVE TO LOOK AT EVERYTHING. WE HAVE TO PUT EVERYTHING IN THE SAME BOX. [00:10:03] AND THE SIGN INDUSTRY, NOT EVERYTHING FITS IN THE SAME BOX. YOU KNOW, MAINLY DISTANCE. I MEAN, EVERYTHING FROM FONT SIZE TO, YOU KNOW, THE LOGO, COLORS, ETC.. SO THAT BEING SAID, WE ALWAYS TAKE IN CONSIDERATION OUR CUSTOMER'S LOGO, THEIR DESIGN, ETCETERA. FOR INSTANCE, CHICK FIL A, YOU KNOW, THEY'VE REFINED THEIR LOGOS TO A POINT TO WHERE, YOU KNOW, YOU JUST SEE THAT LITTLE CHICKEN AND YOU, YOU RECOGNIZE IT RIGHT AWAY. SO THAT BEING SAID, I THINK WHEN WE SEE ALL OF THIS LARGER SIGNAGE AND STUFF, WE KNOW THAT THERE'S BIG CORPORATIONS THAT ARE BEHIND THIS. THEY DO THE STUDIES, THE DEMOGRAPHICS THEY HIRE HIGHER COMPANIES LIKE OURS TO GO DO THE SURVEYS AND USE ALL THAT DATA TO DECIDE IF THAT'S A GOOD LOCATION FOR THEM. THIS LOCATION IS REALLY OUT THERE. HIGHWAY STARTS TO VEER TO THE LEFT, MAKES IT MORE DIFFICULT TO BE SEEN. I DON'T KNOW IF THEY DID THE DEMOGRAPHICS OUT THERE ON THAT FRONTAGE ROAD, BUT YOU KNOW, IF YOU DON'T, IF YOU'RE NOT ON THE FRONTAGE ROAD, YOU'RE NOT GOING TO SEE WHAT'S OUT THERE. SO THAT BEING SAID, THE SIZE THAT WE'RE PROPOSING IS REALLY NOT OUT OF THAT SCOPE DRAMATICALLY. YOU KNOW, WE MENTIONED BURDOCK AND IT'S A CAR DEALERSHIP, LARGE TICKET ITEMS. YOU KNOW, AUTO INDUSTRY AFFECTS, YOU KNOW, OUR ECONOMY. IT AFFECTS A LOT OF THINGS. BANKING'S TIED INTO OUR EVERYDAY LIVES. SO THAT BEING SAID, I THINK THERE ARE SOME DIFFERENCES. I THINK OUR REQUEST IS SOMETHING THAT SHOULD BE LOOKED AT AND REGULATED LIKE ALL THE OTHER STUFF THAT ALL THE OTHER SCIENCE. SO IN THAT REGARD, DISTANCE, YOU HAVE FIVE, HALF A SECOND TO ACTUALLY GRASP WHAT'S UP THERE. SO IF THAT BANK WAS ACTUALLY A LONG, LET'S SAY, AROUND 17.5, AND THE EXPRESSWAY WHERE IT'S IT'S LIKE IT'S NOT THAT IT'S NOT THAT SITUATION WHERE YOU HAVE THE CURVATURE, YOU WOULD RECOMMEND THE SIGN TO BE SMALLER, NOT SMALLER. NO, SIR. AND THE LAST TIME I WAS HERE JUST OUT OF HONESTLY JUST NERVOUSNESS AND NOT KNOWING HOW TO APPROACH THAT WAS I DIDN'T MAKE THAT CLEAR. BUT WHAT I'M SAYING IS, THE REASON WHY IT'S THAT BIG IS BECAUSE OF THE DISTANCE. BUT IF YOU GO DOWN SOUTH, YOU KNOW, CLOSER TO WHERE BERT OGDEN IS, IT'S IT'LL BE A LITTLE BIT CLOSER TO THE EXPRESSWAY. RIGHT? RIGHT. SO YOU WOULDN'T NEED AS BIG OF A SIGN IF YOU WERE IN THAT LOCATION. IF WE WERE THAT CLOSE TO THE REASON BEHIND IT IS BECAUSE YOU'RE FURTHER AWAY. SO IT'S GOING TO LOOK LIKE THE SIZE OF MAYBE A OVER HERE, THE ONE THAT YOU MENTIONED, THE OTHER SIDE. YOU PROBABLY COVER IT UP WITH YOUR THUMB MOST OF THE TIME. THAT'S THE THE RATIONALE BEHIND WHY. IT'S NOT THAT. IT'S BECAUSE IT'S FREEDOM BANK. IT'S BECAUSE OF THE LOCATION. THAT'S WHAT YOU'RE SAYING. EXACTLY THE DISTANCE. SO IF YOU WERE TO LOOK, YOU CAN DO IT LIKE ON GOOGLE MAPS OR ANYTHING LIKE THAT. IT'S ALL WITHIN. BUT THIS IT'S SIMILAR TO ALL OF THESE OTHER BIGGER SIGNS THAT WE SEE, BUT IT'S ACTUALLY FURTHER AWAY THAN MOST. AND GIVEN, YOU KNOW, I BROUGHT SOME LITTLE IMAGES I WAS GOING TO SHOW OF CHICK FIL A AND STUFF SO THAT WE CAN KIND OF COMPARE, LET'S SAY, THEIR, THEIR BIRD TO THEIR BIRD KIND OF THING. YEAH. BUT CHICK FIL A IS RIGHT OFF THE HIGHWAY, RIGHT OFF THE HIGHWAY. IT'S SOMETHING THAT EVERYBODY KNOWS, YOU KNOW. WHO KNOWS HOW LONG IT'S GOING TO TAKE FOR THAT AREA TO GET FULLY DEVELOPED. AND IT IS SOMETHING BECAUSE I HAVE A PROPERTY THAT WAY, AND WE WERE LOOKING FORWARD FOR THAT DEVELOPMENT TO OCCUR. SO WE FINALLY GET ONE ONE BUILDING AND WE WANT TO CHEER IT ON SO WE GET MORE MORE COMMERCIAL PLAZAS OUT THERE. I MEAN, IT'S GOOD FOR THE COMMUNITY. AND THEN REFERENCING WHAT YOU WERE SAYING EARLIER, I MEAN, THE CITY HAS POLICE POWERS WHEN IT COMES TO THESE KIND OF MESSAGE CENTERS ON THE SIDE OF THE ROAD. YOU KNOW, AMBER ALERTS CAN BE UTILIZED, COMMUNITY FUNCTIONS. YOU KNOW, I GUESS THAT'S THE CITY'S JOB TO TO REGULATE AND, YOU KNOW, TO PROMOTE THE CITY. I THINK THAT'S WHAT EVERYTHING'S ABOUT. WE'VE BEEN APPROACHED, FOR INSTANCE, BY THE SCHOOL DISTRICT TO UTILIZE THE BILLBOARD THAT'S OUT, YOU KNOW, BEFORE YOU GET TO UNIVERSITY. I WOULD I WAS JUST THINKING ABOUT THAT BILLBOARD THAT'S REALLY NOT DIGITAL. THE SCHOOL DISTRICT HAS ON SPRAGUE AND THE EXPRESSWAY. HOW BIG IS THAT? I. FEEL IT IN HERE. IN YOUR POCKET. IT LOOKS BIG, RIGHT? IT'S IT'S IT'S A FULL SIZE 700 PLUS SQUARE FEET. SO WE ALREADY HAVE PRECEDENCE FOR THAT. [00:15:01] OKAY. SO, YOU KNOW, IN THAT REGARD, YOU KNOW, THESE THINGS ARE USEFUL. I DON'T KNOW IF THAT'S ALL MY QUESTIONS. OKAY. ANY OTHER QUESTIONS? THANK YOU. SIR. ANY OTHER PUBLIC COMMENTS ON THIS ITEM? OKAY. I'LL GO AHEAD AND CLOSE THE FLOOR. COMMISSION. MOVE TO APPROVE. SECOND. I GOT A MOTION, A SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. EVERYBODY OPPOSED? SAME SIGN. MOTION CARRIES. FOUR. TWO. THREE. FOUR. THREE. ITEM EIGHT. BE WILLING TO CONSIDER THE REZONING REQUEST FROM RESIDENTIAL SUBURBAN DISTRICT TO COMMERCIAL NEIGHBORHOOD. DISTRICT BEING A ONE ACRE TRACT OF LAND, MORE OR LESS BEING THE NORTH 208.70FT OF THE EAST, 208.70FT OF LOT EIGHT, BLOCK THREE MCCAUL SUBDIVISION, LOCATED AT 1702 WEST ELBERTA ROAD. STAFF. YES. COMMISSION. LIKE YOU SAID, THIS IS A PROPERTY LOCATED AT 1702 WEST ALBERTA ROAD. THE APPLICANT IS JORGE CRUZ AND ERICA GARCIA. AND THE INTENT IS TO REZONE A PROPERTY FROM RESIDENTIAL SUBURBAN TO NEIGHBORHOOD COMMERCIAL. AND THIS IS FOR THE USE OF A DAYCARE. NOW, THE THE REQUEST THAT THEY'RE ASKING FOR IS FOR NEIGHBORHOOD COMMERCIAL, WHICH IS THE MOST RESTRICTIVE COMMERCIAL USE. ANYTIME WE SEE A REQUEST FOR NEIGHBORHOOD COMMERCIAL, IT NEEDS TO KIND OF ALMOST RESEMBLE A HOME. AND THE TYPE OF USES THAT WE SEE IN THESE BUSINESSES ARE TYPICALLY ATTORNEYS OFFICES, ENGINEERING OFFICES AND DAYCARES. IT'S KIND OF VERY LIMITED TO WHAT CAN GO IN THERE. AND THERE'S A REASON BECAUSE OF THERE'S REASON WHY WE HAVE THOSE RESTRICTIONS. I MEAN, WE WANT TO LIMIT THE AMOUNT OF TRAFFIC THAT GOES IN. WE WANT TO KEEP THE ESTHETICS OF THE SUBDIVISION LOOKING THE WAY THAT IT IS. AND THAT'S WHY WE DON'T HAVE TOO MANY ZONINGS IN THE CITY THAT ARE ZONED NEIGHBORHOOD COMMERCIAL. BUT THAT'S THE REQUEST HERE TONIGHT. I WILL SAY THAT ALBERTA IS BEING WIDENED AT THIS TIME, AND IT'S ALSO NOT UNCOMMON TO SEE A DAYCARE SET UP NEXT TO A SCHOOL. THERE'S TWO SCHOOLS, THERE'S A PRIVATE SCHOOL IN FRONT OF IT AND ONE TO THE EAST OF IT. AND WE RECENTLY APPROVED A SIMILAR REQUEST ON APRIL 2023 AT 2820 WEST CANTON. THIS PNC BOARD APPROVED A SIMILAR ESTABLISHMENT ALSO FOR A DAYCARE AT THAT LOCATION, AND IF THE DAYCARE IS IS APPROVED, IT WOULD STILL NEED TO COMPLY WITH ALL CITY, FIRE AND STATE REQUIREMENTS. IT IS A BUSINESS THAT IS REGULATED BY THE STATE. STAFF IS RECOMMENDING APPROVAL. THANK YOU. AT THIS TIME, I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS. GOOD AFTERNOON. I'M IRMA TEJERINA AND WE LIVE RIGHT BEHIND THAT HOME, OR THE ONE THAT'S GOING TO BE REZONED FROM RESIDENTIAL TO COMMERCIAL. AND THE NEIGHBORS AND WE ALL GOT TOGETHER, AND WE CAME TO A CONSENSUS THAT WE WERE GOING TO OPPOSE THIS, MAINLY FOR THE MERE REASON THAT WE WERE GOING TO HAVE THE INEVITABLE TAX INCREASES ON OUR PROPERTIES. ADDITIONALLY, WE'RE NOT CONSIDERED A SUBDIVISION. AND IN THE PAST MEETINGS THAT WE'VE HAD WITH THE CITY COMMISSIONERS AND SO FORTH, IN PREVIOUS YEARS WE'VE HAD ALL KINDS OF ISSUES. AND THAT'S WHEN THEY TOLD US THAT WE WERE NOT CONSIDERED A SUBDIVISION, THAT WE WERE A COLONIA, BECAUSE OUR PROPERTY, IT'S A TEN ACRE TRACT, AND WE WERE ALL DESIGNATED AS A COLONIA BECAUSE WE WERE NOT RECORDED IN THE COURTHOUSE. SO WHEN THOSE PROPERTIES WERE SOLD INDIVIDUALLY AND THEN FROM ONE TO ANOTHER TO ANOTHER AND SO FORTH IT NEVER GOT RECORDED OR ANYTHING LIKE THAT. AND SO THEREFORE WE'RE NOT CONSIDERED, YOU KNOW, SUBDIVISION. AND SO IT'S KIND OF LIKE A LITTLE, I DON'T KNOW WHAT YOU WOULD WANT TO CALL IT. AND THEN WE DO HAVE LIMITED CITY AMENITIES OR SERVICES THERE IN OUR WE CONSIDERED THE BLACK HOLE AND WE HAVE ALL KINDS OF ACCESS, OR RATHER, WHETHER EVERYBODY AROUND US HAS ACCESS TO CITY AMENITIES, YOU KNOW, SEWER AND WHAT HAVE YOU. IT'S ALL FROM THE SCHOOL, FROM THE EAST TO THE WEST, UP TO THE CANAL, ACROSS TO THE PRIVATE SCHOOL. IT HAS ALL THE AMENITIES. AND THEN AFTER, ON THE WEST SIDE OF THIS TEN ACRE TRACK, IS THERE MORE AMENITIES? AND THERE'S SOME SUBDIVISIONS THERE THAT HAVE ALL THE AMENITIES. WE'RE NOT CONSIDERED PART OF THE CITY, AND WE ARE. IT'S JUST, YOU KNOW, WE FEEL LIKE WE'RE BEING DESIGNATED FOR TAX PURPOSES. [00:20:05] THERE'S ALSO BEEN A LOT OF EASEMENT AND SAFETY ISSUES IN THE, IN THE, IN THE PAST. AND SO WE PROVIDED INFORMATION TO THE CITY HOPING THAT YOU RECONSIDER. AND IT'S BASICALLY STATING THAT WE HAVE EASEMENT ISSUES AND SAFETY ISSUES BECAUSE OF THE PAST PROBLEMS THAT WE'VE HAD. AND WE STILL HAVE, YOU KNOW, AS FAR AS THAT IS CONCERNED, WE HAVE BEEN LIVING IN PEACE, TRANQUILITY. WE'VE BEEN AMICABLE WITH WITH EACH OTHER. WE LIVE IN A VERY QUIET NEIGHBORHOOD. AND WE WISH TO REMAIN THE SAME. OUR INTENTIONS ARE NOT TO BE MALICIOUS, CAPRICIOUS OR UNNEIGHBORLY. ON THE CONTRARY, WE WISH THE NEW NEIGHBORS, YOU KNOW, THAT THEY FULFILL THEIR DREAMS, BUT HOPEFULLY IN ANOTHER AREA. AND THEY WILL ALLOW US TO, YOU KNOW, LIVE OUR DREAMS ALSO IN THE FEW YEARS THAT WE HAVE LEFT. WE'RE ALL SENIORS IN THERE. AND SO WE'RE HOPING TO BE LEFT ALONE AND, YOU KNOW, LIVE QUIETLY EVER AFTER, YOU KNOW? SO THAT'S THAT IS BASICALLY WHY WE ARE HERE AND WE ARE OPPOSING, AND MAINLY BECAUSE THAT TRACK IS CONSIDERED YOU KNOW NOT NOT A SUBDIVISION. THANK YOU. THANK YOU. MA'AM. HI. IS THERE ANY IS THERE ANY REASONING WHY? WHY? I DON'T KNOW HOW LONG IT'S BEEN SINCE THEY'VE BEEN ANNEXED, BUT WHY THEY HAVE NOT COME IN? AND IS THERE ANY POSITION ON THE CITY GOING IN AND PAVING THAT ROAD? IS IT? I DID HAVE A CHANCE TO SPEAK TO THAT ABOUT A WEEK AGO. AND WE DISCUSSED SOME OF THE OPTIONS THAT ARE AVAILABLE BECAUSE THEY ARE IT'S NOT REALLY A COLONIA, IT'S JUST AN UNSUBDIVIDED TRACT OF LAND. AND I TOLD THEM THAT THERE'S A ROAD THAT LEADS TO SEVERAL PROPERTIES SOUTH OF ALBERTA, BUT THEY, THEY COULD PETITION TO THE CITY TO, TO MAKE THAT A PUBLIC ROAD, BUT THEY WOULD HAVE TO GIVE UP RIGHT OF WAY, AND THEY WOULD HAVE TO GIVE UP AT LEAST 50FT OF RIGHT OF WAY FOR THE CITY TO CONSIDER THAT AS A PUBLIC ROAD. IT'S A PROCESS TO GO THROUGH. BUT I DON'T YOU KNOW, I DON'T SEE THAT THERE WOULD BE A REASON IF THIS THING TURNED INTO A BUSINESS, WOULD THAT AFFECT THEIR TAX RATES? AGAIN. NO, BECAUSE IT STILL NEEDS IT'S IT'S GOING TO LOOK LIKE YOU'RE LOOKING AT THE PICTURE RIGHT NOW. IT'S NOT IT MIGHT IT MAY HAVE SOME SIGNAGE. LIKE DAYCARES TYPICALLY HAVE A COUPLE OF SIGNS IN THE FRONT ABCS OR WHATEVER. BUT IT'S STILL GOING TO REMAIN LOOKING LIKE A HOME. AND AND THAT'S ALL IT WILL EVER HAVE TO BE ABLE TO, TO BE CORRECT. IT WILL HAVE TO HAVE THAT KEEP THE INTEGRITY OF THAT, TO KEEP THE INTEGRITY OF OF A RESIDENTIAL HOME. YES. NOW, WE DID GET SOME, SOME LETTERS IN IN FAVOR OF THE REQUEST AS YOU CAN SEE IN THE WRITE UP. BUT WE DID GET ONE FAMILY THAT WAS OPPOSED, BUT AND THIS IS THE TRACT OF LAND THAT THEY'RE GOING TO GET SEWER ON. CORRECT. THE SEWER PROJECT IS DOWN THE LINE. WHAT'S HAPPENING RIGHT NOW IS THEY'RE WIDENING THE ROAD, BUT THERE IS SEWER NEARBY THAT IS BEING LOOKED AT AS SOMETHING THAT THE CITY COULD POSSIBLY EXTEND, BUT THAT'S GOING TO BE COMING AT A, AT A AT A FUTURE DATE. ANY OTHER PUBLIC COMMENTS ON THIS ITEM? OKAY. I'LL GO AHEAD AND CLOSE THE FLOOR COMMISSION. OH YOU GOT YOU GOT ANOTHER COMMENT, SIR. I'LL GO AHEAD AND OPEN THE FLOOR AGAIN. YES. THANK YOU. YES, SIR. GOOD AFTERNOON. MY NAME IS RICARDO TIJERINA, AND I WANTED TO POINT OUT THAT THERE IS A. ARE YOU ALL FAMILIAR WITH THE AREA? OKAY. I INVITE EACH AND EVERY ONE OF YOU TO TO GO THERE BETWEEN 730 AND 815 EVERY MORNING. AND I REALIZE THERE'S CONSTRUCTION GOING ON, SO THAT'S UNDERSTANDABLE. BUT IN THE AFTERNOONS, THE SAME SITUATION, CARS DRIVING BY AT EXCESSIVE SPEEDS. PARENTS AGITATED, FLICKING OFF THE FINGER AT US, TRYING TO EXIT THAT LITTLE NARROW COLLEGIATE ROAD THAT'S TO THE RIGHT OF THAT HOUSE THERE. MY CONCERN, OR OUR CONCERN AS NEIGHBORS IS THE HAZARDS THAT DANGEROUS SITUATION IS GOING TO CREATE. AND IT'S JUST A MATTER OF TIME IF IT IS, IF IT IS PERMITTED. LITTLE KIDS RUNNING OUT INTO THE STREET. AND I KNOW THEY'RE GOING TO PUT A FENCE. BUT WHAT IF WHAT IF ONE OF THOSE INDIVIDUALS GETS HURT? WHO'S GOING TO ACCEPT THE LIABILITY? [00:25:01] THE CITY? THE ATTORNEY? I KNOW WE'RE NOT. THAT'S WHY WE NEED TO POINT THOSE FACTORS OUT. AND THE INFORMATION IS IN THE DOCUMENTATION. OKAY. AND I WANTED TO POINT THAT OUT. SO PLEASE TAKE IT INTO CONSIDERATION. IT'S AND WE'RE NOT BEING UNFRIENDLY OR NOT FRIENDLY NEIGHBORS. BUT IT. I CAN'T IGNORE IT. OKAY. WE CANNOT IGNORE THAT THE THE DANGER IS THERE TWO SCHOOLS AND THEN A DAYCARE IN BETWEEN TRYING TO EXIT? IT'S JUST. IT'S JUST A BAD SITUATION. THANK YOU SIR. THANK YOU. YEAH. GOOD EVENING COMMISSIONERS. MY NAME IS ERICA GARCIA. JORGE CRUZ IS NOT ABLE TO BE PRESENT. HE'S AT WORK. I AM THE OWNER OF 1702 ALBERTA. I AM PURSUING A NATURE CHILD CARE. FROM THE HOURS OF 7 TO 6. I DO PLAN ON ABIDING TO THE STATE AND CITY REGULATIONS IF GIVEN THE OPPORTUNITY. THANK YOU. MA'AM. WOULD YOU BE ACCESSING THIS THIS DAYCARE THROUGH ALBERTA, OR WOULD IT BE THROUGH THE LOCAL ROAD? IT WILL BE THROUGH ALBERTA. WE WOULD NOT BE USING THE ROAD. AS A MATTER OF FACT, THERE WAS AN EASEMENT AND DRAINAGE AGREEMENT THAT WAS SIGNED WITH THE CITY OF EDINBURGH. THAT WILL BE WORKED ON, I THINK, IN THE, IN THE FUTURE. NEAR FUTURE. YEAH. NO, I THINK THAT WOULD ASSIST WITH THE TRAFFIC AND ALSO WITH THE EASEMENT. THANK YOU MA'AM. THANK YOU. I'LL GO AHEAD AND CLOSE THE FLOOR FOR PUBLIC COMMENTS. COMMISSION MOVE TO APPROVE. SECOND. EVERYBODY IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. OPPOSED. SAME SIGN. MOTION CARRIES. ITEM EIGHT C, WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM RESIDENTIAL SUBURBAN DISTRICT TO COMMERCIAL GENERAL DISTRICT. BEING A 2.38 ACRE TRACT OF LAND OUT OF LOT FIVE, SECTION 243 TEXAS MEXICAN RAILWAY COMPANY SURVEY LOCATED AT 3001 NORTH I-69. SEE STEPH. YES, SIR. MR. CHAIRMAN, THIS PROPERTY IS LOCATED ALONG I-69C. IT IS JUST SOUTH OF MONTE CRISTO ROAD ON THE EAST SIDE. WE JUST RECENTLY REZONE THE PROPERTY ALONG THAT AREA. GIVE ME ONE SECOND. LET ME GET TO THE SLIDESHOW. HERE IT IS. ALL RIGHTY. MY APOLOGIES. SO YES, IT IS LOCATED ALONG THE WEST SIDE OF MONTE CRISTO ROAD, JUST SOUTH OF MONTE CRISTO. NORTH OF ROGERS ROAD. THIS CORRIDOR DOES ALLOW FOR COMMERCIAL IN THE AREA. CURRENTLY IT IS ZONED SUBURBAN RESIDENTIAL, WHICH IS FOR SINGLE FAMILY RESIDENTIAL HOMES ON MAJOR ACREAGE. WHAT THEY'RE WANTING TO DO IS THEY'RE WANTING TO REZONE THE PROPERTY TO COMMERCIAL GENERAL TO ALLOW FOR OFFICE SPACE ALONG THIS AREA. IF YOU CAN SEE THE MAP, THE PROPERTY JUST LOCATED TO THE NORTH. WE JUST RECENTLY REZONE THAT PROPERTY FOR CHIROPRACTIC, A SUBDIVISION, AND THAT WAS DONE IN SEPTEMBER OF 2023. THE APPLICANT IS WANTING IS COMING BEFORE THE BOARD TO REQUEST A REZONING FROM RESIDENTIAL TO COMMERCIAL GENERAL. WE DID NOTIFY THE PUBLIC AS PER THE TEXAS OPEN MEETINGS ACT, AND WE DID NOT RECEIVE ANY COMMENTS IN FAVOR OR AGAINST THIS REQUEST. AT THE TIME OF THE REPORT. STAFF DOES RECOMMEND APPROVAL OF THE REZONING REQUEST. THANK YOU. YES. I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS ON THIS ITEM. BOARD MEMBERS, THANK YOU FOR THAT INTRODUCTION. AND I KNOW THAT THE CITY IS REQUESTING APPROVAL, AND I APPRECIATE THAT. AND WE RESPECTFULLY REQUEST THE APPROVAL ON BEHALF OF RICARDO RODRIGUEZ AND THE OWNER, WHO THE ANITA RODRIGUEZ MY WIFE IS, BUT MY SON'S HERE, SO HE'LL SOON BE THE OWNER. HOPEFULLY HE'LL START PAYING ON THAT PROPERTY TOO. SO AS AS IT WAS MENTIONED, KIT IS BUILDING RIGHT NEXT TO US. SO WE'RE LOOKING FORWARD TO BEAUTIFYING THAT AREA, HOPEFULLY WITH KIT AND THEN THE GROUP RIGHT NEXT TO THERE. SO IS THAT WHERE THE LAW FIRM IS GOING TO BE? YOU'RE GOING TO BUILD EVENTUALLY? GOD WILLING, THAT'S WHERE WE'RE GOING TO HAVE OUR LAW FIRM RIGHT OFF THE EXPRESSWAY. SO THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU. APPRECIATE IT. I'LL GO AHEAD AND CLOSE THE FLOOR FOR ANY PUBLIC COMMENTS. COMMISSION. I'D LIKE TO MAKE A MOTION TO APPROVE BASED ON STAFF'S RECOMMENDATION. OKAY, I GOT A MOTION. I HAVE A SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. OPPOSED? SAME SIGN. MOTION CARRIES. ITEM EIGHT D. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM RESIDENTIAL. PRIMARY DISTRICT TWO. RESIDENTIAL MULTIFAMILY DISTRICT BEING THE WEST THREE FEET OF LOT SEVEN AND ALL OF LOT EIGHT, BLOCK 95. ORIGINAL TOWN SITE OF EDINBURG, LOCATED AT 505 WEST VAN STREET. [00:30:02] STAFF. YES, SIR. SO THIS PROPERTY IS LOCATED WITHIN THE ORIGINAL TOWN SITE OF EDINBURG. [B. Consider the Rezoning Request from Residential, Suburban (RS) District to Commercial,] JUST SOUTH OF JUNIOR ROAD, BUT NORTH OF VAN WEEK. [C. Consider the Rezoning Request from Suburban (RS) District to Commercial, General (CG)] THIS AREA IS HEAVILY POPULATED WITH SINGLE FAMILY RESIDENTIAL, WITH A MIXTURE OF MULTI-FAMILY JUST TO THE SOUTHWEST. YOU DO HAVE THE UNIVERSITY. SO THIS IS WITHIN THAT AREA WHERE YOU DO HAVE A MIXTURE OF THE APARTMENTS OR THE ADDITIONAL DWELLING UNITS LOCATED IN THE REAR. [D. Consider the Rezoning Request from Residential, Primary (RP) District to Residential,] THE APPLICANT IS WANTING TO REZONE FROM RESIDENTIAL APARTMENT DISTRICT, WHICH IS FOR SINGLE FAMILY RESIDENTIAL HOME TO MULTIFAMILY TO ALLOW FOR ADDITIONAL UNITS FOR TWO MORE DWELLING UNITS. THE DENSITIES ASSOCIATED IN THIS AREA ARE DESIRABLE IN LOCATIONS THAT HAVE AN URBAN CHARACTER SORT. SURROUNDING AREAS DOES HAVE COMMERCIAL GENERAL TO THE NORTH, SINCE THAT IS ALONG JUNIOR ROAD, IT'S HEAVILY TRAFFICKED. AND THEN IN THE AREA YOU HAVE RESIDENTIAL PRIMARY TO THE EAST AND WEST, AND THEN YOU DO ACTUALLY HAVE THE MULTI-FAMILY TO THE SOUTH. WE DID NOTIFY THE PUBLIC. WE DID MAIL OUT TO 38 NEIGHBORING PROPERTY OWNERS, AND WE DID NOT RECEIVE ANY COMMENTS IN FAVOR OR AGAINST THIS REQUEST AT THE TIME OF THE REPORT BEING THAT THIS IS CLOSE TO THE UNIVERSITY, WE ARE STARTING TO SEE A TREND OF THE MIXTURE OF THE RESIDENTIAL PRIMARY WITH THE MULTIFAMILY. STAFF IS RECOMMENDING APPROVAL OF THIS ITEM. THANK YOU. I'LL GO TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS PLEASE. HELLO EVERYONE. I'M EDUARDO SILVA. I'M THE I'M THE OWNER OF THE PROPERTY. I'M A NEW INVESTOR AND I BELIEVE IN INVESTING WITH A PURPOSE. AND I SEE THE PARTICULAR COMMUNITY NEEDS. AND FOR THAT, I WOULD LIKE TO PROCEED AND AND DO A ONE BEDROOM UNITS TO FILL THAT PURPOSE OF THE URBAN UNIVERSITY USES. THANK YOU. THANK YOU SIR. I'LL GO AHEAD AND CLOSE THE FLOOR FOR PUBLIC COMMENTS. COMMISSION MOVE TO APPROVE. SECOND. YOU HAD A COMMENT? I'LL GO AND OPEN THE FLOOR AGAIN, SIR. MY APOLOGIES. MY NAME IS. LET ME JUST WAIT TILL YOU GET TO THE MICROPHONE. THE MICROPHONE, PLEASE. OKAY. MY NAME IS LAURIE. I'M THE SON OF THE PREPARATORY. SO I DO HAVE A QUESTION ON THE LIKE THE PLAN THAT THEY'RE TRYING TO BUILD. I'M ASSUMING THEY'RE GOING TO DO APARTMENTS, IF I'M NOT MISTAKEN. SO MY CONCERN IS JUST THE PARKING, YOU KNOW, WHETHER THERE'S GOING TO BE PARKING ALLOWED FOR THE MULTIFAMILY. I THINK ALL THOSE THINGS ARE ARE TYPICALLY MANDATED BY THE CITY ANYWAY. HOW MANY PARKING SPACES ARE REQUIRED FOR EACH APARTMENT? BUT I THINK IF YOU DISCUSS IT WITH THE WITH THE OWNER YOU COULD PROBABLY SEE A LAYOUT OF IT. OKAY. SURE. YEAH. YOU KNOW, I WAS JUST A STAFF. YOU'RE WELCOME TO TALK TO STAFF. OKAY. YEAH, THEY'LL HAVE TO COMPLY WITH WITH ALL OF THOSE THINGS. ARE YOU THE NEIGHBOR? MY MOM IS THE OWNER, AND I'M HERE ON HER BEHALF. SHE'S SITTING OVER THERE, BUT NEIGHBOR TO THIS PROPERTY? YES. 501 WEST VAN WYCK. IT'S ON THE CORNER, SO YOU'RE RIGHT NEXT TO IT OR NOT? YES, RIGHT NEXT TO IT. OKAY. LIKE THREE FEET, I BELIEVE. OKAY. OKAY. AND SO I WAS JUST SEEKING INFORMATION. THAT'S PRETTY MUCH IT. SO TO BE HONEST, I DIDN'T KNOW WHETHER IF IT WAS APPROPRIATE TO COME HERE OR NOT OR JUST, YOU KNOW. BUT I'LL GO AHEAD AND GET THE CONTACT INFORMATION OF THE OWNER. YOU KNOW, IT'S IT'S A IT'S A PUBLIC HEARING. SO YOU'RE MORE THAN WELCOME TO COME. AND, YOU KNOW, THE OWNER IS THERE AND YOU CAN TALK TO STAFF, BUT ALL OF THAT WILL BE ADDRESSED THROUGH THE THROUGH THE CONSTRUCTION PROCESS. THANK YOU. THANK YOU SIR. THANK YOU. IF I MAY, MR. CHAIRMAN, JUST SO IT'S ON THE RECORD. SO CITY STAFF DOES REVIEW THE SITE PLAN. WE DO MAKE SURE THAT THEY DO HAVE AMPLE PARKING, GREEN SPACE AREA MANEUVERABILITY, AND THEY DO MEET THE REQUIREMENTS OF THE BUILDING SETBACKS. AS REFERENCE TO THE PARKING FOR ONE BEDROOM, WE REQUIRE ONE PARKING SPACE AND IT HAS TO BE OFF STREET. WE DON'T ALLOW ANY PARKING ON STREET. SO JUST SO IT'S ON THE RECORD, WE DO REVIEW IT DURING THE SITE PLAN REVIEW PROCESS AND MAKE SURE THAT THEY DO COMPLY WITH ALL THE REQUIREMENTS. OKAY. THANK YOU. I'LL GO AHEAD AND CLOSE THE FLOOR FOR PUBLIC COMMENTS. NOW, WE DID HAVE A MOTION AND A SECOND. CORRECT? CORRECT, CORRECT. EVERYBODY IN FAVOR? EVERYBODY RAISE YOUR RIGHT HAND. OPPOSED. SAME SIGN. MOTION CARRIES. ITEM EIGHT E. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM COMMERCIAL GENERAL DISTRICT TO DOWNTOWN DISTRICT BEING ALL OF LOTS EIGHT AND NINE. [E. Consider the Rezoning Request from Commercial, General (CG) District to Downtown (DT)] BLOCK 144. ORIGINAL TOWN SITE OF EDINBURG, LOCATED AT FIVE 500 NORTH CLOSNER BOULEVARD. STAFF. YES, SIR. MR. CHAIRMAN. SO THIS PROPERTY IS CURRENTLY ALSO LOCATED WITHIN THE ORIGINAL TOWN SITE OF EDINBURG. THIS IS ACTUALLY LOCATED ON CLOSNER BOULEVARD. THE PROPERTY IS JUST NORTH OF PETER AVENUE OR PETER STREET, RIGHT? THIS AREA IS CURRENTLY ZONED COMMERCIAL GENERAL. JUST SOUTH OF THAT IS ACTUALLY LOCATED DOWNTOWN DISTRICT. SO WE HAVE CERTAIN AREAS WITHIN OUR DOWNTOWN AREA THAT HAVE A ZONING DESIGNATION FOR DOWNTOWN DISTRICT THAT ALLOWS FOR A MIXTURE OF USES OF COMMERCIAL MULTIFAMILY, TRY TO GET, YOU KNOW, MOM AND POP SHOPS AND EVERYTHING. [00:35:02] THE REQUIREMENTS FOR THE DOWNTOWN DISTRICT AREA IS A LOT MORE ALLOWABLE FOR MORE BUILDABLE AREA. SO RIGHT NOW WHAT WE HAVE IS THIS PROPERTY IS CURRENTLY ZONED COMMERCIAL GENERAL. THEY'RE WANTING TO REZONE THE PROPERTY FOR ANTICIPATION OF A NEW RESTAURANT. IN THIS AREA BECAUSE OF THE LOT SIZE, THEY WANT TO SEE IF THEY CAN HAVE MORE ALLOWABLE, BUILDABLE SPACE. IN THIS AREA, WE'RE LOOKING AT PROBABLY DURING THE CHANGES OF THE COMPREHENSIVE PLAN, CHANGING THE FUTURE LAND USE MAP, MAYBE EXPANDING OUR DOWNTOWN DISTRICT. SO THIS WOULD PROBABLY BE MORE OF AN AREA THAT WE MAY LOOK INTO. SO THEY'RE LOOKING AT REZONING FROM COMMERCIAL GENERAL TO DOWNTOWN DISTRICT. STAFF DOES RECOMMEND APPROVAL FOR THIS PROPERTY. WE DID NOTIFY 37 NEIGHBORING PROPERTY OWNERS, AND WE DIDN'T RECEIVE ANY COMMENTS IN FAVOR OR AGAINST. THANK YOU. I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS ON THIS ITEM. NO COMMENTS. I'LL GO AND CLOSE THE FLOOR COMMISSION SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. EVERYBODY OPPOSED? SAME SIGN. MOTION CARRIES. ITEM EIGHT F. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM AGRICULTURAL AND OPEN SPACE DISTRICT TO RESIDENTIAL PRIMARY DISTRICT, BEING ALL OF LOT 13, KENYON HEIGHTS SUBDIVISION, UNIT NUMBER TWO, LOCATED AT 1210 VIRGINIA DRIVE. STAFF. YES, SIR. SO THIS PROPERTY IS ACTUALLY LOCATED IN KENYON HEIGHTS SUBDIVISION. IT IS WITHIN SINGLE FAMILY RESIDENTIAL AND THE SURROUNDING AREAS. THIS PROPERTY IS CURRENTLY ZONED AGRICULTURAL OPEN SPACE. WE DID ANNEX IT INTO THE CITY IN 2015. PREVIOUS CASES THAT WE'VE HEARD BEFORE IS WHEN ANNEXED INTO THE CITY, WE STATE LAW. WE NEED TO GIVE IT THE LOWEST ZONING GRADE AND THIS SCENARIO WOULD BE AGRICULTURAL OPEN SPACE AS PER THE CITY. [F. Consider the Rezoning Request from Agriculture and Open Space (AO) District to Residential,] IN ORDER FOR THEM TO BE IN COMPLIANCE AND TO MEET SETBACKS, THEY WOULD ACTUALLY NEED TO REZONE THE PROPERTY TO RESIDENTIAL PRIMARY, WHICH IS WHAT THE REQUEST IS COMING FOR US. IT IS APPROXIMATELY 22,000FT² FOR THE LOT AREA SINGLE FAMILY RESIDENTIAL HOME. STAFF DOES RECOMMEND APPROVAL FOR THIS. WE DID NOTIFY 23 NEIGHBORING PROPERTY OWNERS AND WE RECEIVED NO COMMENTS IN FAVOR OR AGAINST THIS REQUEST. SO IT'S JUST A REZONING TO COME INTO COMPLIANCE TO BE ABLE TO CONSTRUCT A HOME. THANK YOU. I'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS ON THIS ITEM. I'M THE OWNER OF THE LOT AND I'M A SMALL INVESTOR. CAN YOU STATE YOUR NAME, SIR? OKAY. THANK YOU SIR. AND I'M A SMALL INVESTOR AND I BUILD HOUSES. AND THEN WE PUT THEM ON SALE. AND THEN WHEN I CAME UP WITH THAT, THAT IT WAS AN EGG. AND THEN YOU GUYS HAD IT FOR CITY AND IT'S A SUBDIVISION. HOW CAN YOU GUYS HAVE IT? AN EGG. IF IT'S A SUBDIVISION, IT MAY HAVE BEEN ANNEXED INTO THE CITY POSSIBLY, OR SOMETHING. YEAH. TYPICALLY WHEN SOMETHING GETS ANNEXED INTO THE CITY, THE ENTIRE DEVELOPMENT WILL GO INTO AN AGRICULTURAL OPEN SPACE UNTIL SOMEBODY TRIES, LIKE YOURSELF, TO COME BUILD A HOME, THEN YOU HAVE TO COME GET IT REZONED. AND THEN THE CURRENT ZONING WILL FIT FOR THE DEVELOPMENT. SO THERE MIGHT BE OTHER PROPERTIES IN YOUR DEVELOPMENT THAT ARE STILL ZONED AGRICULTURAL OPEN SPACE. THOSE LOTS ARE FULL ALREADY. THAT SUBDIVISION, THERE WAS AN OLD HOUSE THERE. AND YEAH, IT'S MORE OF A FORMALITY BECAUSE YOU GOT ANNEXED LATER ON INTO THE CITY. ALL RIGHT. SO WE'RE GOING TO BE OKAY THEN. WE'LL SEE YOU HERE IN A SECOND VOTE RIGHT NOW. 15 SECONDS. ALL RIGHT. THANK YOU VERY MUCH, SIR. STAFF IS RECOMMENDING APPROVAL, THOUGH. YES, SIR. AND SOME OF THESE CASES, NOW THAT WE'RE DOING THE UPDATE OF THE COMPREHENSIVE PLAN AND FUTURE LAND USE, SOME OF THESE AGRICULTURAL AREAS, WE ARE GOING TO BE BRINGING THEM UP TO THE CORRECT ZONING RIGHT NOW THAT WE'RE DOING THIS. THERE'S NO WAY THAT'S A BLANKET DO THAT. IT WOULD HAVE TO BE A BLANKET REZONING DONE BY THE CITY. AND SINCE WE'RE ALREADY IN THE PROCESS TO UPDATING THE COMPREHENSIVE PLAN, AND THAT INCLUDES THE FUTURE LAND USE MAP AND THE ZONING MAP, IT WOULD TAKE SOME MORE TIME, WILL PROBABLY BE AROUND THE SAME TIME FRAME TO BE ABLE TO DO IT, BUT YES. ALL RIGHT. I'LL GO AHEAD AND CLOSE THE FLOOR FOR PUBLIC COMMENTS. COMMISSION. MAKE A MOTION TO APPROVE BASED ON STAFF'S RECOMMENDATION. SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. [G. Consider the Rezoning Request from Commercial, General (CG) District to Residential,] ITEM EIGHT G. WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM COMMERCIAL GENERAL DISTRICT TO RESIDENTIAL MULTIFAMILY DISTRICT, BEING A 0.72 ACRE TRACT OF LAND BEING OUT OF THE WEST 400FT OF THE NORTH, SIX ACRES OF THE SOUTH HALF OF LOT 20 KELLY-PHARR SUBDIVISION PROPOSED MERIDIAN AT 281 SUBDIVISION, LOT TWO, LOCATED AT 3316 AND 3326 SOUTH BUSINESS HIGHWAY 281 STAFF. YES, SIR. SO THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF DAVID DRIVE. THE PROPOSED LOT HAS ABOUT 0.72 ACRES. POINT 72 OF AN ACRE, I DO APOLOGIZE IT'S LOCATED OFF OF DAVID DRIVE AND KLAUSNER. THE MAJOR INTERSECTIONS PROPERTY IS CURRENTLY ZONED COMMERCIAL GENERAL. I WILL PULL UP OUR ZONING MAP. SO AS IT'S SHOWN, WE HAVE COMMERCIAL GENERAL FOR ABOUT A GOOD AMOUNT OF THE PROPERTIES THAT ARE ALONG BUSINESS HIGHWAY 281 DAVID DRIVE IS A PROBABLY RESIDENTIAL ROAD. [00:40:07] IT'S NOT THAT WIDE, BUT IT DOES HAVE A MIXTURE ALONG DAVID ROAD FOR COMMERCIAL SINGLE FAMILY RESIDENTIAL. IT'S QUITE A MIXTURE WITHIN THAT CORRIDOR. YOU DO HAVE A COMMERCIAL BUSINESS THAT DOES FRONT OFF OF BUSINESS HIGHWAY 21, ALSO KNOWN AS KLAUSNER. THEY ARE PROPOSING A SUBDIVISION OF MERIDIAN 281. THEY WANT TO DO MULTIFAMILY WITHIN THE AREA. IT IS A TRANSITION FROM COMMERCIAL TO MULTIFAMILY TO SINGLE FAMILY ALONG WITH THE AREA. SO YOU DO SEE THAT THAT IT'S A GRADE THAT IS GOING FROM WEST TO EAST. STAFF DOES RECOMMEND DENIAL BASED OFF OF THE SURROUNDING AREAS BECAUSE YOU DO HAVE COMMERCIAL ALONG THE AREA AND YOU DO HAVE SINGLE FAMILY RESIDENTIAL AT THE MOMENT. BUT AT THE TIME, RIGHT NOW, IF STAFF, IF THE BOARD CHOOSES TO START SETTING A TREND WITHIN THAT AREA TO DO THE COMMERCIAL, THE MULTIFAMILY, THE SINGLE FAMILY. IT WOULD BE TO GO AHEAD AND MAKE THE ZONE CHANGE FOR THIS AREA. AGAIN, IT IS UP TO THE BOARD. STAFF DOES RECOMMEND DENIAL. SURROUNDING AREAS, VACANT LAND, COMMERCIAL BUSINESSES AND SINGLE FAMILY RESIDENTIAL WITHIN THE AREA. I'VE GOT A QUESTION. THE REST OF THE PROPERTIES DOWN DAVID DRIVE. ARE THEY HOUSES? WE DO HAVE SOME SINGLE FAMILY AND WE DO HAVE SOME COMMERCIAL. SO IT SEEMS LIKE SOME OF THESE PROPERTIES WERE ALREADY EXISTING NON-CONFORMING AS THEY WERE ALREADY ON THE PROPERTY. SO JUST NEXT TO THIS ONE ON THE EAST SIDE, YOU DO HAVE, I BELIEVE IT'S LIKE A GAS, A GAS, SOMEBODY THAT SELLS GAS, PROPANE GAS. YOU SEE THE TANKS AND ALL THAT. ON THE EAST SIDE I'M SORRY, ON THE WEST SIDE, IT'S LIKE THEY HAVE, LIKE A MECHANIC SHOP, BUT THAT ALSO FRONTS OFF OF CLAWSON BOULEVARD. SO THIS IS RIGHT IN THE MIDDLE OF THOSE TWO. BUT ONCE YOU PASS THAT PROPANE OR THAT GAS COMMERCIAL BUSINESS, THEN YOU HAVE SINGLE FAMILY RESIDENTIAL HOMES THAT ARE ALONG THAT AREA. SO THERE'S NO MULTIFAMILY ON THAT STREET? YES, SIR. OKAY. I'M. I'M JUST KIND OF CURIOUS, YOU KNOW. MR. LONGORIA SAID IT'S REAL NARROW. SO, I MEAN, IS IT REALLY SUITABLE TO GO PUT COMMERCIAL DEVELOPMENTS THERE? YEAH. YOU KNOW WHAT I MEAN? AND IF IT'S NOT, THEN WHAT'S HOW IS THE CITY GOING TO BENEFIT FROM SOMETHING NEW GOING IN THERE? YOU KNOW, I WILL SAY THAT DURING THE SUBDIVISION PROCESS, WE WOULD REQUIRE THAT THEY WIDEN THE ROAD FOR THEIR PORTION. BUT THEIR PORTION OF THE WIDENING OF THE ROAD WOULD ONLY BE. YEAH, OR ESCROW OR ESCROW. YES. OR ESCROW. THAT'S GO TO NOWHERE. NO. WE WANT THE CONSTRUCTION, SIR. NO, IT'S ABOUT 185FT THAT THEY WOULD WIDEN OF HOW WIDE THE LOT IS. DO YOU HAVE ANY PICTURES OF WHAT'S NEXT TO IT? I'M JUST. YEAH, IT LOOKS LIKE THERE'S A VISUAL ON BOTH SIDES IS COMMERCIAL, RIGHT? YES. YOU HAVE ON THE EAST SIDE AND THE WEST SIDE YOU HAVE COMMERCIALS. ON THE ONE SIDE YOU HAVE THE THE LIKE MECHANIC SHOP DEPOT THAT'S FACING OFF OF KLAUSNER. AND THEN ON THE OTHER SIDE YOU HAVE THE GENTLEMAN THAT SELLS THE GAS. PROPANE. IT'S A GOOD THEY WANT TO PUT A MULTIFAMILY IN BETWEEN. YES. SO IT LOOKS LIKE THEY WANT TO PUT AT LEAST 15, 15 TWO BEDROOM APARTMENTS. THERE IS IN YOUR PACKET WE DID PROVIDE IT SEEMS TO BE ABOUT FOUR BUILDINGS. EACH BUILDING RUNS ABOUT 4000 TO 4200FT². HOW BIG? HOW BIG ARE THESE LOTS, THEN? IT'S ACTUALLY JUST ONE LOT. IT'S GOING TO BE A ONE LOT. YEAH, IT'S 0.72 OF AN ACRE. YES. 185 BY 168. YEAH. AND THEY'RE PUTTING THREE, FOUR BUILDINGS. FOUR BUILDINGS? YES. COMPLEXES. YES. GO DOWN. YOU'LL SEE THE PICTURE OF IT. YEAH. I'M STILL FOCUSING ON THE AGAIN DURING THE SITE PLAN REVIEW WE WOULD HAVE TO LOOK AT THE GREEN SPACE, THE PARKING, LANDSCAPING, BUILDING SEPARATION, ALL THAT. AND STAFF IS RECOMMENDING DENIAL BASED ON THE LAND USE AROUND IT BEING BOTH COMMERCIAL ON BOTH SIDES. CORRECT. I WILL SAY THAT THE FUTURE LAND USE MAP CALLS FOR COMMERCIAL GENERAL RIGHT NOW FOR THAT LOT SPECIFICALLY, BUT THE LOT THAT IS JUST LOCATED TO THE EAST CALLS FOR AUTO URBAN USES, WHICH DOES ALLOW FOR A MIXTURE OF SINGLE FAMILY AND MULTIFAMILY. BUT AGAIN, THAT'S THE FUTURE LAND USE MAP. BUT THAT'S THE ONE THAT HAS THE GAS COMPANY ON IT. CORRECT. SO GAS COMPANY NEXT TO MULTIFAMILY, NOT THE NOT THE SMARTEST. WELL, AND I GUESS THE THING WOULD BE TO PHASE OUT THE OLD COMMERCIAL BUSINESSES INTO MULTIFAMILY AND SINGLE FAMILY BECAUSE OF THE I MEAN, THE SITUATION WITH THE ROAD, IT'S NOT AN ADEQUATE FOR COMMERCIAL ACTIVITY. YEAH. MIKE. MIKE. MY THING IS TO 81, IT'S TOO NARROW. WELL, THE CORNER ONE, IT'S TOO NARROW. YEAH. YEAH, IT MIGHT BE TOO NARROW FOR MULTIFAMILY WITH 15 UNITS BEING. OR HOW MANY UNITS WAS IT? IT LOOKS LIKE 1516 UNITS PER PER BUILDING, RIGHT? FOUR TIMES, I BELIEVE. [00:45:01] BUILDING ONE HAS THREE. OKAY. AND TWO. THREE AND FOUR HAVE FOUR, I BELIEVE. IT'S A NICE LOT, BUT THE LOCATION IS COMMERCIAL RIGHT NOW. THE COMMERCIAL, THE ONE BEHIND PROBABLY SHOULD NOT BE COMMERCIAL. RIGHT. THE FRONT. WHERE? BUSINESS 80. BUSINESS 21 IS. THAT SHOULD STAY COMMERCIAL. BUT THE ONE BEHIND IT SHOULD BECOME MULTIFAMILY. UNLESS THE WHOLE THING TURNS. UNLESS THE WHOLE THING TURNS COMMERCIAL. RIGHT. THAT WHOLE. RIGHT. UNLESS THE WHOLE THING TURNS COMMERCIAL. YES. I MEAN, IT'S ALREADY COMMERCIAL. AND UNLESS THOSE GUYS DECIDE THEY WANT TO LEAVE, YOU'RE NOT GOING TO BE ABLE TO CHANGE THE ZONING THERE. BUT TYPICALLY, LET'S SAY IT'S HARD TO GO DOWN IN ZONING VERSUS BUT BUT LET'S SAY IT DOES GET APPROVED. SO SO TYPICALLY AS AN URBAN PLANNER, RIGHT. IT'S COMMERCIAL COMMERCIAL MULTIFAMILY AND RESIDENTIAL. YEAH. YOU WOULD WANT TO SEE THE STAIR STEP FROM COMMERCIAL MULTIFAMILY RESIDENTIAL. AND THEN IF APPROVED, AT THE END OF THE DAY, IT'S CITY STAFF, DEPENDING ON WHAT THE TAKING IS ON WIDENING THE STREET, ETC. WHATEVER THAT NETS OUT MIGHT NOT EQUAL 15 UNITS, RIGHT? WE STILL HAVE TO LOOK AT IT TO SEE IF IT'S IF THE IF THE SIZE OF THE LOT ALLOWS FOR THE DENSITY THAT THEY'RE PROPOSING. YEAH. RIGHT NOW WE'RE ONLY CONSIDERING THE REZONING, RIGHT. YEAH. IF YOU LOOK AT THE AERIAL THAT DAVID DRIVE, IF YOU CONTINUE GOING EAST AND IT IS RESIDENTIAL. SO MAYBE THE FIRST THREE TRACKS BEING COMMERCIAL, THEN THE NEXT TRACKS EAST BE MULTIFAMILY AND THEN OF COURSE SINGLE FAMILY RESIDENTIAL. EVENTUALLY. YEAH. OKAY. ALL RIGHT. I'LL GO AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS ON THIS ITEM. ONE AT A TIME. GOOD AFTERNOON. I APOLOGIZE, I GOT HERE QUICKLY, AND I AM THE BUSINESS THAT IS LOCATED HERE. COULD YOU START WITH YOUR NAME? I APOLOGIZE, MY NAME IS RODRIGO GONZALEZ. I OWN THE PROPERTY DIRECTLY EAST OF THIS PROPOSED SITE. THE GAS COMPANY. I'M NOT SO MUCH FOR OR AGAINST IT. I'M MORE WANTING TO GET MORE INFORMATION ON IT. TO SITE ON THE COMMENT THAT WAS MADE BY THE GENTLEMAN PHASING OUT THE COMMERCIALS THAT ARE THERE TO BECOME MULTIFAMILY. I WILL SAY THAT AT THIS TIME, THAT IS NOT MY PLAN TO DO SO. I AM LOCATED TO THE EAST OF THE MECHANIC SHOP THAT IS THERE. I MY MY OFFICE IS STATIONED THERE, BUT WE DON'T SELL PROPANE OUT OF IT. JUST MY TRUCKS, MY TANKS, INVENTORY AND MY DIRECT HOME OFFICE IS THERE. I'M NOT OPEN TO THE PUBLIC, BUT I CAN SEE A PROBLEM ARISING WITH THE TRAFFIC. THAT ROAD, AS IT WAS DISCUSSED, IS VERY NARROW. I HAVE ALLOTTED OR WHEN I IN OUR WE HAVE I THINK IT'S A 30 FOOT EASEMENT FOR EXPANSION OF THE ROAD. I UNDERSTAND I'M FOR GROWTH. I JUST SEE A POTENTIAL PROBLEM DIRECTLY. WHAT YOU MENTIONED OF THE TO THE EAST IS THE WISCONSIN MOBILE HOME COMMUNITY. THIS ROAD THAT RUNS TO IT IS PROBABLY 20FT, WITH ADDING 15 MORE UNITS WITH A POTENTIAL OF TWO VEHICLES PER UNIT. THAT'S 30 MORE CARS ON TOP OF EVERYTHING THAT IS LOCATED TO THE EAST, BEING THE PROPERTY COMING IN AND OUT. WE HAVE SEEN THE AMOUNT OF VEHICLES THAT PASS THROUGH THERE, VERY, VERY HIGH RATE OF SPEED AND TRYING TO MANEUVER. SOMETIMES TWO VEHICLES GOING DOWN THAT LANE IS VERY DIFFICULT. HAVING THIS BUSINESS LOCATED TO ME, I WOULD I CAN SEE THE POTENTIAL FOR PROBLEMS IN THE FUTURE AS FAR AS OTHER CHILDREN PLAYING IN THE AREA. MY COMPANY BEING THERE, MY COMPANY IS COMPLETELY FENCED IN. I'VE GOT ELECTRIC GATES. HOWEVER, YOU HAVE THE CURIOSITY OF KIDS WANTING TO GO IN. I'M TRYING TO AVOID THE POTENTIAL PROBLEM IN THE FUTURE. LIKE I SAID, I'M NOT AGAINST IT. I'M ALL FOR GROWTH. THE CITY OF EDINBURGH. THAT'S ONE OF THE REASONS WHY I RELOCATED TO EDINBURGH. BUT I JUST THINK THAT THERE'S ISSUES THAT NEED TO BE ADDRESSED OR CONSIDERED BEFORE THIS CAN BE ALLOWED. I'VE GOT A QUESTION FOR YOU. YOU MENTIONED THAT YOU HAVE TRUCKS AND MAYBE TANKS. CORRECT. IT IS NATURAL GAS, CORRECT. PROPANE. PROPANE, YEAH. DOES THAT SMELL AT ANY TIME? WOULD THERE BE A POTENTIAL ISSUE? YOU KNOW, HAVING A RESIDENTIAL MULTIFAMILY RIGHT NEXT TO YOU? WE'VE NEVER HAD ANY COMPLAINTS FROM THE CITY. ONE TIME THAT I HAD A COMPLAINT WAS FROM THE MECHANIC SHOP THAT WAS DIRECTLY NEXT TO US. IT'S A MECHANIC SLASH BODY SHOP, AND WE HAD A TANK THAT WAS LEAKING, [00:50:02] AND WE GOT THERE. IT WAS. IT WAS EMPTY, BUT IT WAS STILL, I GUESS, THE THE LAST PART OF THE VAPOR THAT WAS LEAKING OUT. THEY COULD SMELL IT. THEY CAME OVER. WE HAD TO SET IT ON THE WEST SIDE OF MY PROPERTY. AND TO THE EAST. THERE'S NOTHING REALLY TO ME. THERE'S AN EMPTY 30FT AND THEN THERE'S A ANOTHER ONE RESIDENTIAL. SO WE MOVED IT OVER TO THAT SIDE BECAUSE THEY DID SMELL. YOU COULD SMELL IT. SO YOU AND, YOU KNOW, PREDOMINANTLY IN THE VALLEY, WE HAVE A SOUTHEASTERLY WIND AND YOU'RE EAST OF THIS PROPERTY. THIS PROPERTY IS WEST OF YOU. CORRECT. YOU KNOW, I HAVE A SIMILAR PROBLEM AT ONE OF MY PROPERTIES WHERE J AND J PIPE AND SUPPLY IS. I KNOW WHERE YOU'RE AT EXACTLY. CLEANING TANKS AND DOING STUFF. YEP. IT JUST SMELLS. I'M NOT SAYING YOURS DO, BUT THERE IS A POTENTIAL. AND THAT'S THAT'S WHY THAT'S WHY I'M SAYING I'M NOT. I'M NOT SO MUCH FOR IT. I'M NOT SO MUCH AGAINST IT. YOU KNOW, I RESPECT WHATEVER DECISION THE COMMISSION, THE COMMISSION BOARD MAKES, BUT I WANT TO BE ON RECORD AS ADDRESSING THE POTENTIAL PROBLEMS, BECAUSE AT THE END OF THE DAY, I WOULDN'T WANT SOMEONE GOING AGAINST ME ON WHAT I WANT TO DO WITH MY BUSINESS. I'M NOT AGAINST THEM DOING IT. I JUST THINK THAT THERE'S QUITE A FEW ISSUES THAT NEED TO BE ADDRESSED BEFORE IT COULD BE APPROVED. I KNOW THE AREA WHERE IT'S ONE, AND I WAS UNDER THE IMPRESSION THAT THE MECHANIC SHOP WOULD BE GOING AWAY, SO IF IT'S GOING IN BETWEEN THE MECHANIC SHOP AND THE PLAZA IN THE FRONT, THAT IS GOING TO BE A VERY TIGHT SPACE FOR 15 UNITS, VERY, VERY TIGHT PLACE. MR. GONZALEZ, HOW MANY TRUCKS DO YOU HAVE? I HAVE TOTAL ON SITE. I'LL HAVE TWO DELIVERY TRUCKS. THREE SERVICE TRUCKS MY MY EXCAVATOR AND MY TRAILERS ON THAT SITE. I'M JUST RIGHT UNDER AN ACRE. BUT WHEN DURING THE DAY, WHEN THE WORKERS ARE GONE, THOSE VEHICLES ARE GONE. THE DELIVERY TRUCKS AND THE SERVICE TRUCKS ARE GONE. BUT THEN I HAVE EMPLOYEE VEHICLES THERE. I'M TALKING ABOUT THE TRAFFIC. THE TRAFFIC THROUGH THERE. COMMISSIONER. THERE'S NO DIVIDER IN THE ROAD. SO YOU TURN IN AND YOU HAVE A GUY DRIVING DOWN THE MIDDLE OF THE ROAD, COMING RIGHT AT YOU. WHEN YOU'RE GETTING TO THE STOP, THEY'LL BE STOPPED ALMOST IN THE MIDDLE, AND YOU'RE TRYING TO MANEUVER AROUND THEM. THAT ROAD IS VERY NARROW, AND THERE'S NO CENTER LINE DIVIDING IT TO SAY, OKAY, YOU STAY ON THIS SIDE, YOU STAY ON THIS SIDE. SO IT'S BASICALLY A FREE FOR ALL DOWN THAT ROAD. THERE'S NO STRIPING. THERE'S NO STRIPING DOWN. WE COULD WE COULD ALSO END UP WITH A WITH THE FIRE PROBLEM WITH THE APPROVAL FROM THE FROM OUR FIRE STAFF. YEAH. AND WHEN WE DID OURS I WENT THROUGH ALL THE, THE CHAIN OF COMMAND, APPLIED FOR MY PERMITS. GOT IT. SENT MY APPLICATION FOR MY TANK WITH THE FIRE DEPARTMENT. I'VE TRIED TO ABIDE BY ALL THE RULES THAT NEED TO BE ABIDED BY, AND THAT'S WHY I'M NOT AGAINST THE THE DEVELOPMENT. I JUST SEE ISSUES WITH IT. AND THAT'S MY, MY STANCE ON IT. YOU KNOW, LIKE I SAID, I'M NOT TRYING TO SAY NO. I'M NOT TRYING TO SAY YES. IT IS WHAT IT IS. BUT AT THE END OF THE DAY, THERE ARE QUITE A FEW THINGS THAT NEED TO BE ADDRESSED BEFORE THAT ON THAT MOBILE HOME PARK. IS THAT A LIKE 55 AND OLDER COMMUNITY? NO, IT'S JUST A NORMAL MOBILE HOME PARK. YEAH. YOU HAVE A HIGH RATE OF YOUNG KIDS DRIVING THROUGH THERE. I'VE HAD KIDS ON FOUR WHEELERS, ATVS, DRIVING THROUGH THE EMPTY FIELD IN THE FRONT TO GET TO THE CANAL. IT IS. IT IS QUITE HEAVY. IN THE EVENINGS IT'S WORSE. WE'RE ONLY 8 TO 5. SO BY NO LIGHTS ON THE STREET, NO STREET LIGHTS. THERE'S ONE IN FRONT OF OURS, AND I HAVE MY OFFICE LIT UP AS MUCH AS IF YOU DRIVE THROUGH THERE AT NIGHT, MY OFFICE STANDS OUT THE MOST. AND THEN AFTER THAT, IT'S DARK. THANK YOU. THANK YOU SIR. THANK YOU. ANY OTHER PUBLIC COMMENTS? PLEASE STEP FORWARD. SO THEN IT WOULD BE RIGHT TO MY PROPERTY LINE. GOOD AFTERNOON, CHAIRMAN AND MEMBERS OF THE BOARD. MY NAME IS JOSEPH JONES, AND I REPRESENT A NONPROFIT CALLED SHALOM MEDIA. AND WITHIN THE PERIMETER, THE IMPACTED AREA, WE HAVE THREE PROPERTY. THE FOUR ACRE TRACT THAT IS SOUTH OF THIS PROPERTY BELONGS TO US. AND ALSO WE HAVE TWO OTHER IMPACTED PROPERTY, LOT NUMBER ONE AND TWO RIGHT THERE. SO THE ENTIRE AREA IS KIND OF COMMERCIAL. SO I DON'T SEE A POINT BRINGING ANY RESIDENTIAL UNITS INTO THAT AREA. I DON'T KNOW HOW THAT'S GOING TO BENEFIT THE CITY. AND ALSO, I HAVE A CONCERN THAT BRINGING UP A MULTI FAMILY UNIT OR UNITS, IT'S GOING TO IMPACT THE PROPERTY VALUE, THE COMMERCIAL VALUE OF OUR PROPERTY. SO YOU KNOW WE HAVE A CONCERN. SO I WOULD LIKE TO BE ON RECORD SAYING THAT WE ARE NOT IN FAVOR OF REZONING. [00:55:07] THANK YOU SIR. THANK YOU. IS THE APPLICANT HERE BY ANY CHANCE? I'M SORRY. I'M ASKING STAFF IF THE APPLICANT IS HERE. NO. NO. OKAY. THANK YOU SIR. THANK YOU SIR. ANY OTHER PUBLIC COMMENTS? I'LL GO AHEAD AND CLOSE THE FLOOR COMMISSION. I'LL MAKE A MOTION TO DENY BASED ON STAFF'S RECOMMENDATION TO DENY THE SECOND. SECOND. ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. CONSIDER THE REZONING REQUEST FOR AGRICULTURAL OPEN SPACE DISTRICT TO INDUSTRIAL GENERAL DISTRICT. ALL OF SCHAEFFER CONTAINING 125.17 ACRES OF LAND OUT OF MUTUAL PARTITION OF TRACT 158, [H. Consider the Rezoning Request from Agriculture and Open Space (AO) District to Industrial,] SAN SALVADOR. THE GRANT, AS PER MAP OR PLAT THERE, RECORDED IN VOLUME 16, PAGE 11. MAPS OF RECORDS IN THE OFFICE OF THE COUNTY CLERK OF HIDALGO COUNTY, TEXAS, BEING LOCATED AT 8601 NORTH JASMINE ROAD. YES, SIR, MR. CHAIRMAN. SO ITEMS EIGHT H AND EIGHT R ARE BOTH REQUESTED BY THE CITY OF EDINBURG. THESE PROPERTIES WERE JUST RECENTLY ANNEXED. THIS IS PART OF OUR LANDFILL AREA. WE RECENTLY DID A SIMILAR TYPE OF ZONING NOT THAT LONG AGO, CLOSE BY THE AIRPORT. THEY'RE WANTING TO GO FROM AGRICULTURAL TO INDUSTRIAL GENERAL, JUST TO BE ABLE TO COME UP TO COMPLIANCE WITH ANY. REQUIREMENTS. WE DID ANNEX THIS PROPERTY INTO THE CITY ON APRIL 16TH OF 2024 WITH THE CITY COUNCIL, SO STAFF DOES RECOMMEND APPROVAL OF THE REZONING REQUESTS. WE DID NOTIFY THE SURROUNDING PROPERTY OWNERS. WE NOTIFIED EIGHT OF THEM AND WE DIDN'T RECEIVE ANY COMMENTS IN FAVOR OR AGAINST. BUT AGAIN THIS IS SIMILAR IN NATURE TO PREVIOUS REZONINGS THAT WE'VE DONE FOR THE CITY, FOR THE LANDFILL AREA RECENTLY ANNEXED, AND WE'RE JUST BRINGING IT UP TO COMPLIANCE. THIS IS POSSIBLY FOR THE EXPANSION OF THE LANDFILL. YES, WE WE ANNEXED THIS PROPERTY FOR EXPANSION OF THE LANDFILL FOR ADDITIONAL CELLS. RIGHT NOW, IT'S ZONED AGRICULTURAL BECAUSE OF THE STATE LAW. SO IN ORDER TO BE ABLE TO COME INTO COMPLIANCE, WE NEED TO DO THE INDUSTRIAL ZONING DESIGNATION. ARE THESE PROPERTIES NEXT TO EACH OTHER? H8H AND EIGHT A SIMILAR. YES, WE HAVE THEY'RE BOTH ALL WITHIN 8601 BECAUSE IT'S ALL CONSIDERED ONE PROPERTY THROUGH THE LANDFILL. SO THIS 18H IS ACTUALLY JUST SOUTH OF CIBOLO ROAD. AND THEN THE FOLLOWING ITEM IS JUST A LITTLE BIT TO THE EAST. WALMART. WOULD WE BE ABLE TO COMBINE BOTH ITEMS AND VOTE THEM ON AT THE SAME TIME? OR WOULD WOULD IT BE BETTER TO JUST DO IT SEPARATELY? YOU CAN COMBINE THEM IF YOU PREFER, BUT IT MIGHT BE MORE CLEAR IF YOU KEEP THEM SEPARATE. WE'LL GO TO KEEP IT SEPARATE. I'M GOING TO OPEN THE FLOOR FOR ANY PUBLIC COMMENTS ON ITEM EIGHT H. NO COMMENTS. WE'LL GO AHEAD AND CLOSE THE FLOOR. COMMISSION. MOVE TO APPROVE. SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. ITEM EIGHT A, WE'RE GOING TO CONSIDER THE REZONING REQUEST FROM AGRICULTURAL, [I. Consider the Rezoning Request from Agriculture and Open Space (AO) District to Industrial,] AGRICULTURAL AND OPEN SPACE DISTRICT TO INDUSTRIAL GENERAL DISTRICT BEING 199.997 ACRES, BEING ALL OF LOTS 38 AND 39. BAKER SUBDIVISION OF THE TRACT. ACCORDING TO THE PLAT OF THEREOF RECORDED IN VOLUME TWO, PAGE 46. MAPS OF RECORDS IN THE OFFICE OF THE COUNTY CLERK OF HIDALGO COUNTY, TEXAS, BEING LOCATED AT 8601 NORTH JASMINE ROAD. STEPH. YES, SIR. THIS IS THE SECOND PORTION OF THE LANDFILL EXPANSION RECENTLY ANNEXED INTO THE CITY ON APRIL 16TH. CURRENTLY ZONED AGRICULTURAL. LOOKING TO REZONE TO INDUSTRIAL ZONING JUST FOR COMPLIANCE. NOTIFIED 60 NEIGHBORING PROPERTY OWNERS ON THIS REQUEST. DID NOT RECEIVE ANY COMMENTS IN FAVOR OR AGAINST. STAFF DOES RECOMMEND APPROVAL. THANK YOU. WE'LL GO AHEAD AND OPEN THE FLOOR FOR ANY PUBLIC COMMENTS. NO COMMENTS. WE'RE GOING TO CLOSE THE FLOOR COMMISSION. MOVE TO APPROVE. SECOND. EVERYBODY IN FAVOR? PLEASE RAISE YOUR HAND. OPPOSED. SAME SIGN. MOTION CARRIES. [9. SUBDIVISION (VARIANCES)] [A. Consider Variance Request to the City's Unified Development Code, Article 5, Section 5.203-1,] MOVING ON TO THE VARIANCE REQUEST. ITEM NINE A RECONSIDER VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE. ARTICLE FIVE, SECTION 5.23-1 RIGHT OF WAY AND PAVING WIDTH FOR KENTON OAKS SUBDIVISION. BEING A TEN ACRE TRACT OF LAND OUT OF THE LOT 16 BLOCK 62 ALAMO LAND AND SUGAR COMPANY SUBDIVISION LOCATED AT 7600 EAST CANTON ROAD. HI. GOOD AFTERNOON. PLANNER. TWO HERE AT CITY OF EDINBURGH. YES, SIR. REQUEST HERE IN THIS. THE PROPERTY IS LOCATED ON THE EAST SIDE OF TOWER ROAD. JUST NORTH OF CANTON. AND IT'S ABOUT A LITTLE OVER TWO AND A HALF MILES JUST EAST OF OUR CITY LINE. LIMITS. IT'S A TEN ACRE TRACT THAT'S CURRENTLY VACANT. THE PRELIMINARY PLAT WAS SUBMITTED AND APPROVED BY THE PLANNING AND ZONING COMMISSION ON MARCH 14TH, 2023. AT THE MOMENT, THE DEVELOPER IS REQUESTING THE VARIANCE TO TO THE UNIFIED DEVELOPMENT [01:00:01] CODE FOR THE. AS IT APPLIES TO THE ROAD WIDENING DEDICATION AND COST, THE DEVELOPERS TYPICALLY REQUIRED TO EITHER ESCROW OR WIDEN AND IMPROVE ALONG EAST CANTON ROAD. AT THE MOMENT HE IS REQUESTING TO NOT ESCROW OR PAVE, BUT WILL DEDICATE THE REQUIRED RIGHT OF WAY FOR THE FUTURE EXPANSION. HE'S ALSO PLANS TO CONSTRUCT SIDEWALKS AND CONCRETE BUS STOP AT THE CONSTRUCT AT THE SUBDIVISION CONSTRUCTION PHASE. STAFF IS RECOMMENDING DENIAL OF THE VARIANCE REQUEST. AS FOR THE. SO THAT WAY THE WIDENING IN THE AREA CAN MOVE ALONG SOONER IF THEY THE CITY HAS SOME HELP ALONG WITH THOSE COST. IS THIS IN THE CITY LIMITS? NO, IT'S A LITTLE OVER TWO AND A HALF MILES EAST OUTSIDE. YES. SO THEY COULD OPT OUT OF THE ETJ. THAT COULD BE AN OPTION, YES. IS THERE AN ENGINEER? I'LL GO TO OPEN THE FLOOR FOR PUBLIC COMMENTS. GOOD AFTERNOON. ISIDRO FERNANDEZ, REPRESENTING GUTIERREZ OFFICE. AND AS A STAFF MENTIONED. YES. IT'S ABOUT A LITTLE BIT MORE THAN TWO AND A HALF MILES. WATER WILL BE PROVIDED BY NORTH ALAMO WATER. SANITARY SEWER, ALSO BY NORTH ALAMO WATER. ALL THE PERMITS AND ANY CIRCUMVENTION OF PERMITS WILL BE THROUGH THE COUNTY. AND BASICALLY, WHAT WE'RE TRYING TO, TO ACCOMPLISH IS TO DEVELOP THIS PROPERTY INTO MULTIFAMILY. AND AS A SIDE NOTE SIMILAR VARIANCES HAVE BEEN APPROVED BY THE BOARD WITHIN TWO UP TO THREE MILES. AND THAT PRETTY MUCH HELPS DEVELOPERS TO ACCOMMODATE THEIR IT COMES DOWN TO MONEY SO THEY CAN USE IT FOR THE INFRASTRUCTURE. THIS ONE IN PARTICULAR, THEY NEED TO EXTEND APPROXIMATELY ABOUT 800 LINEAR FEET OF A SANITARY SEWER. AND THAT'S THE REASON THEY'RE ASKING FOR THIS, THIS VARIANCE. SO THEY CAN ALLEVIATE AND USE THOSE MONIES TO EXTEND THE SANITARY SEWER. LIKE I SAID, THERE, THERE WILL COMPLY WITH ANY CITY REQUIREMENTS AS SIDEWALKS, PUBLIC LIGHTING, ANY CROSSWALKS, THEY WILL COMPLY WITH THE DRAINAGE. SO I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. MR. GUTIERREZ, HAVE YOU OPTED OUT OF THE ETJ OR THOUGHT ABOUT DOING THAT? THERE'S NO REASON TO BE IN THE CITY ANYMORE. CORRECT? WE WE JUST HEARD THAT THERE'S A NEW POLICY THAT WE CAN USE. AND IF STAFF CAN GIVE US THAT RECOMMENDATION, WE CAN DEFINITELY GO WITH THAT WITH THAT REQUEST. BUT SINCE OUR OUR CLIENT RIGHT NOW, HE WANTS TO PROCEED AND HAVE THE PROPER DOCUMENTATION AVAILABLE FOR HIS DEVELOPMENT. IF THE VARIANCE GETS GRANTED, THAT'S GREAT. WE CAN CONTINUE WITH THE CD. HOWEVER, IF STAFF IS HELPING US SO WE CAN GET THE IS IT AN EXEMPTION OR OR SOME KIND OF APPLICATION, WE'RE MORE THAN WELCOME TO TO APPLY FOR IT. SO THE STAFF KNOWS ABOUT IT. SO YES, IF HE WAS TO REQUEST TO BE OPTED OUT OF THE ETJ, HE WOULD BE OPTED OUT OF THE CITY OF EDINBURG, BUT HE WOULD STILL HAVE TO GO THROUGH THE SUBDIVISION REQUIREMENTS THROUGH THE HIDALGO COUNTY. CORRECT? REGULAR COUNTY REQUIREMENTS. IF THAT WAS AT THE DEVELOPER'S REQUEST. THANK YOU. HE, THE THE OWNER OF THE PROPERTY, WAS AWARE THAT THAT THERE WAS A THAT HE WAS GOING TO HAVE TO MOVE THAT 700 LINEAR FEET WAS THAT OF ACTUALLY, THAT'S GREAT NEWS BECAUSE THE ORIGINAL DESIGN WAS TO EXTEND ALL THE WAY TO, I BELIEVE, CLOSE TO 2000, ALMOST LIKE 3000 LINEAR FEET OF FORCE MAIN AND INSTALLING A NEW LIFT STATION. BUT THERE'S ALREADY BEEN A SAVINGS TO YOU ALREADY. EXACTLY. SO WE'RE TRYING TO SQUEEZE IT A LITTLE. A LITTLE BIT MORE. SO YOU'VE ALREADY SAVED A BUNCH THERE. YEAH. THAT'S GOOD. APPRECIATE IT. THANK YOU. I'LL GO AHEAD AND CLOSE THE FLOOR. COMMISSIONER, I'D LIKE TO MAKE A MOTION TO DENY BASED ON STAFF'S RECOMMENDATION. SECOND. SECOND. EVERYBODY IN FAVOR? [01:05:02] PLEASE RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. [B. Consider Variance Request to the City's Unified Development Code, Article 3, Table 3.102-4] ITEM NINE B, WE'RE GOING TO CONSIDER A VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE. ARTICLE THREE, TABLE 3.102 DASH FOR DUPLEX AND MULTIPLEX LOT AND BUILDING STANDARDS. LOT WIDTH FOR THE PROPOSED SERENITY SPRINGS PHASE TWO SUBDIVISION BEING A FOUR ACRE TRACT OF LAND, BEING THE EAST FOUR ACRES OF THE SOUTH, FIVE ACRES OF THE NORTH. 20 ACRES OF LOT SEVEN, SECTION 275 TEXAS MEXICAN RAILWAY COMPANY SURVEY, HIDALGO COUNTY, TEXAS, LOCATED AT 1300 SOUTH MCCALL ROAD. STEPH. YES. SO HERE'S THE PROPOSED SERENITY SPRINGS PHASE TWO. IT CURRENTLY HAS NO FRONTAGE. IT'S USING A CONNECTION FROM THE PHASE ONE SERENITY SPRINGS JUST NORTH OF IT. RIGHT NOW, THE PROPERTY IS ZONED FOR RESIDENTIAL MULTIFAMILY, AND THEY'RE PROPOSING 12 MULTIFAMILY LOTS. ONE OF THOSE LOTS IS GOING TO BE FOR A COMMON AREA WHICH WOULD BE LOT TEN. IT IS IN ME. IT'S PROBABLY LIKE 45FT IN WIDTH. THE VARIANCE REQUEST IS TO THE LOT WIDTH REQUIRED REQUIREMENT FOR A MULTIFAMILY DEVELOPMENT. THEY WERE PRESENTED LAST MEETING. THEY CHANGED THE LOT WIDTH TO JUST BEING ONE FOOT SHORT. THE LAST MEETING, I THINK THERE WERE LIKE 4 OR 5FT SHORT. SO RIGHT NOW THEY'RE AT 79FT IN WIDTH FOR NINE OUT OF NINE OUT OF THE 12 LOTS THAT THEY'RE PROPOSING WITH TWO OF THEM COMPLYING WITH THE 80FT. SO A MAJORITY OF THE LOTS DO NOT CONFORM TO THAT REQUIREMENT. STAFF'S RECOMMENDING STAFF'S RECOMMENDING APPROVE THE REQUEST DUE TO SIMILAR VARIANCES BEING GRANTED IN RECENT HISTORY. THE UDC CONTROLS OVERLY DENSE LOTS IN SEVERAL WAYS, WHICH ARE THE LOT WIDTH, THE MINIMUM SQUARE FOOTAGE IN THIS CASE, THE SUBDIVISION, THE LOT WIDTHS THEY'RE AVERAGE ABOUT 61% OVER THE MINIMUM REQUIRED FOR FOR THE LOT. THANK YOU. THANK YOU. GO AHEAD. HI. HOW MUCH DOES THIS PLAY INTO YOUR SUGGESTION FOR? FOR AN APPROVAL. I HAD THIS WAS KIND OF NEWS. THIS WAS SOMETHING THAT CAME IN EARLIER TODAY. BUT IF THE FIRE MARSHAL'S RECOMMENDING AGAINST IT, THEN I WOULD RECOMMEND AGAINST IT ALSO. IT DIDN'T COME INTO PLAY IN THE FIRST. THE FIRST APPROVAL. WE HAVE A NEW FIRE MARSHAL. HIS NAME IS GABRIEL ESPINOZA. SO THIS WAS ALREADY GIVEN TO THEM WHEN THEY DID THE PRELIMINARY REVIEW FOR SUBDIVISION. THESE COMMENTS WERE ALREADY ADDRESSED THAT THEY HAD TO MEET THE LOT WITH WHICH WE'RE BACK IN. I HAVE THEM HERE FROM THE ACTUAL SUBDIVISION REVIEW. DID WE GIVE IT TO THEM ON THE FIRST PHASE? THAT'S THAT'S MY QUESTION. I THOUGHT WE HAD GIVEN IT TO THEM ON THE FIRST PHASE. WE ALREADY HAVE. AND THEY ALREADY PUT IN PIPES FOR FEED, I BELIEVE. PHASE ONE. THOSE LOTS ARE MEETING THE MINIMUM REQUIREMENT OF 80FT ON PHASE ONE. PHASE ONE. PHASE TWO. PHASE TWO. THERE'S THOSE LOTS I BELIEVE THERE'S LIKE ABOUT 12. THAT WHERE THEY WERE PROPOSING 75. IT WAS GOING TO WORK, BUT IT WAS TIGHT AT THE TIME. BUT COMMENTS WERE ADDRESSED AS FAR AS THAT. THEY NEEDED TO MEET THE MINIMUM LEVEL. THIS IS THE ONE THAT THE ENGINEER CAME UP AND HE WAS TELLING US THAT THEY ALREADY PUT IN SOME OF THE, I GUESS, THE SERVICES, RIGHT? I THINK, YES. IS THAT RIGHT, MR. MILLER? YES, BUT I THINK YOU'RE RIGHT, VICTOR. I THINK WE HAD APPROVED IT AT PNC. WE PULLED IT WHEN IT WAS GOING TO GO TO COUNCIL AT 75, AT 75. SO IT'S GOT TO COME BACK AGAIN BECAUSE IT'S A DIFFERENT REQUEST. WHAT'S THE DIFFERENCE? WHAT'S THE DIFFERENCE BETWEEN THEN AND NOW. IT'S JUST THE ONE FOOT SHORT. NOW THEY'RE ASKING FOR 79FT INSTEAD OF 75. SO THE COMMENTS WERE GIVEN THEN. THEORETICALLY. SO THE 80 FOOT REQUIREMENT WAS GIVEN TO THEM BY THE FIRE DEPARTMENT BACK ON IN MARCH WHEN THEY SUBMITTED THE ACTUAL SUBDIVISION REVIEW. SO THEY'VE BEEN INFORMED. ESPINOSA. IS THAT OKAY? SURE. BECAUSE WE JUST GOT THIS LETTER AT THE MEETING. RIGHT. RIGHT. YES. GOOD EVENING. I'M GABRIEL ESPINOSA. THE FIRE MARSHAL. THANK YOU FOR LISTENING TO OUR RECOMMENDATION TONIGHT. SO THE FIRST SUBDIVISION WE DID TALK TO THEM ABOUT THE 80FT. THE SAME LOT WIDTH WAS ACTUALLY GIVEN TO THEM BACK IN MARCH OF MARCH 25TH. IS THIS THE CORRECT ONE? YEAH, THIS IS THE ONE. SO THE REASON BEHIND THIS IS BECAUSE IT'S MY UNDERSTANDING THROUGH THE PREVIOUS FIRE MARSHAL, THAT THE ACTUAL LOT WIDTH USED TO BE 100FT. SO OVER THE YEARS, THEY'VE KIND OF GOTTEN SMALLER AND SMALLER. SO THAT POSES A SAFETY RISK IN THE DUE TO THE FACT THAT AS THE LOTS START TO GET SMALLER [01:10:07] AND SMALLER WHILE THEY DO MEET THE SQUARE FOOTAGE, WHICH IS GREAT, BUT ALONG THE ROADWAY, AS WE START TO MAKE THEM THINNER AND THINNER, THAT STARTS TO CAUSE SOME ISSUES AS FAR AS WHERE THE HYDRANTS ARE GOING TO BE LOCATED IN RELATION TO DUMPSTER ENCLOSURES, IN RELATION TO THE CLEAN OUTS, IN RELATION TO THE DRIVEWAYS AND THE AMOUNT OF PARKING SPACES THAT ARE GOING TO BE REQUIRED AND WHAT HAPPENS ON THE STREET. SO THE DOMINO EFFECT ENDS UP HAPPENING BECAUSE AT BUILDING PERMIT, THEN THEY START ASKING FOR A VARIANCE ON THE ACTUAL BUILDING SEPARATION. SO IT JUST STARTS TO, YOU KNOW, KIND OF TRICKLE EFFECT. AND OUR CONCERN IS PUBLIC SAFETY AFTER EVERYTHING IS BUILT. SO THAT'S WHY YOU WANT TO KEEP IT AT THE 80FT. NOW, I KNOW THEY WENT FROM 75 TO 79. IN THIS CASE, I THINK THAT WOULD BE OKAY. BUT WHERE WHERE ARE WE GOING TO DRAW THE LINE AS FAR AS THAT'S CONCERNED? SO THAT'S WHY WE'RE JUST STICKING TO THE 80FT. AND, YOU KNOW, WE'RE JUST HERE TO RECOMMEND THAT FOR YOU ALL. AND IT'S GOING FROM THE REQUIREMENT IS 80 RIGHT NOW. WE HAD APPROVED 75 AND NOW THEY'RE GOING TO 79. RIGHT. SO IT'S A FOOT A FOOT DIFFERENCE FROM THE REQUIREMENT. MR. IS THERE OR GABE IS THERE. HOW MUCH OF A PROBLEM IS IT FOR YOUR TRUCKS TURNING AROUND OR GETTING GETTING BY? I MEAN, GRANTED, IT DOES CHANGE WHERE WHERE FIRE PLUGS MIGHT BE AND THINGS LIKE THAT, BUT I WAS MORE OF, YOU KNOW, GETTING TRUCKS IN AND OUT. I MEAN, IT'S ONLY A FOOT OF A DIFFERENCE, BUT IS THAT THIS IS NOT A PROBLEM. THIS IS THE WIDTH OF THE. YEAH. IT'S THE, THE WIDTH. HIS TRUCKS TURN IN THE ROAD. SO THAT'S NOT AN ISSUE OKAY. CORRECT. OKAY. AREN'T FIRE HYDRANTS JUST SPACED OUT BASED OFF OF. YEAH. FOR MULTIFAMILY IT'S 300FT. SO YES. HOW WOULD THAT CHANGE WITH HOW WOULD THAT CHANGE IF THE. 80 FOOT, 79 FOOT 75. SO WHAT WE'RE EXPERIENCING IS THE CONGESTION OF THE UTILITIES. AND THAT'S WHERE WE END UP FINDING OUT THAT THE HYDRANT ENDS UP IN THE MIDDLE OF THE DUMPSTER ENCLOSURE, AND THEN THAT HAS TO GET CORRECTED IN THE BUILDING CONSTRUCTION PHASE. SO A LOT OF THINGS START TO GET AFFECTED IN THE BUILDING CONSTRUCTION PORTION OF THINGS. AND AS FAR AS THE THE DOMINO EFFECT I WAS TALKING ABOUT. SO AS WE BRING THE ITEMS CLOSER TO THE BUILDINGS, CLOSER TO EACH OTHER, THAT ACTUALLY REQUIRES OTHER FIRE RATINGS TO THE ACTUAL CONSTRUCTION OF MATERIAL OFFSETS OF WINDOWS. AND THROUGH OUR EXPERIENCE GOING TO THESE CALLS WHEN WE HAVE FIRES AND BACK PATIOS AND WHATNOT, AS THE BUILDING GETS CLOSER TOGETHER, THAT'S WHAT CAUSES A CONCERN FOR US IN THE FIRE DEPARTMENT. MORE OF A SETBACK. ISSUE. SETBACK. SORRY. YES. OKAY. THANK YOU, SIR. THANK YOU. ABSOLUTELY. I HAVE A QUESTION FOR MR. ALMEIDA. IS THAT IS THIS ALREADY BUILT OUT? IS THIS THE ONE THAT WE THOUGHT WAS ALREADY BUILT? HI. GOOD AFTERNOON. CHAIR BOARD. YES. THIS PROJECT IS ALREADY BEING BUILT OUT RIGHT NOW, BUT THE DEVELOPER AND THE ENGINEER DID UNDERSTAND THAT THIS WAS A RISK THAT THEY WERE TAKING. SO THEY DID UNDERSTAND THAT IF IT FAILED, THEN THEY WOULD HAVE TO COMPLY. AND IN TERMS OF OTHER ITEMS THAT MR. ESPINOSA WAS ADDING YES, THE UTILITIES ARE, ARE RATHER TIGHT. YOU ALSO HAVE TO FIT ENCLOSURES WHICH ARE BEING BIGGER NOW. SO YOU ACTUALLY YOUR OLD ENCLOSURES WERE NOW AT EIGHT BY EIGHT. NOW THEY'RE 12 BY 12. WE ALSO HAVE ISSUES WITH DUMPSTER ENCLOSURE. CORRECT. THE DUMPSTER PAD. THAT'S MORE OF A QUESTION FOR SOLID WASTE. I COULDN'T ANSWER THAT ONE FOR THEM, BUT BUT IT ALSO DOES POSE SOME ISSUES IN TERMS OF SIDEWALKS, SO IT DOES MAKE THEM A BIT HARDER TO FIT SIDEWALKS IN THE AREAS, BECAUSE OF THE INCREASED SIZE OF AND ALSO UTILITIES TRYING TO FIT SIDEWALKS, EVERYTHING TRYING TO PUT TOGETHER AND MAKES REVIEW QUITE PRECARIOUS FOR OUR STAFF AS WELL. SO JUST TO ADD 12 BY 12, I MEAN THAT'S A SIGNIFICANT THAT'S A BIG JUMP UP FROM THE EIGHT BY EIGHT. I MEAN, YEAH, THAT'S A LOT OF PROBABLY HAS TO DO WITH THE TRUCKS. YEAH. THE TRUCKS THAT HAVE TO GET INTO THAT SPOT. IT'S NOT SO MUCH THAT THEY WANT TO MAKE THEM BIGGER. WELL, THE EQUIPMENT TRUCK MAKES IT A DIFFERENT. IT MAY HAVE A FRONT. IT HAS TO TURN TO GET IN THERE. YOU KNOW, YOU STILL HAVE WATER AND SEWER AND EVERYTHING ELSE. I MEAN, YOU'RE JUST PILING IT ON. CAN YOU TELL ME THE TIMELINE? I KNOW WE HAD APPROVED IT EVEN AT 75. THIS, THIS THIS COMMISSION. AND NOW THEY WENT TO 79. WHAT'S THE REASONING OR WHAT HAPPENED AND WHY DID THEY PULL IT? OR. I'M JUST CURIOUS OF THE CHANGE OF THE REQUEST AND THE RISK GOING TO CITY COUNCIL AND IT NOT BEING APPROVED. YES. OKAY. YEAH. FIVE FEET IS A BIG DIFFERENCE. ONE FOOT. YEAH. AND THEY ALSO CORRECTED A PIPELINE WITH THE 79FT. [01:15:04] SO THERE'S AN UPDATED SITE PLAN THAT SHOWS THE THE DUPLEX THERE WITH THE 79 FOOT LOTS. YES. SO IT'S ON THERE NOW. I'M CURIOUS. AT THE 79FT HAS THE FIRE MARSHAL AND ENGINEERS EVERYBODY. DOES IT LOOK LIKE EVERYTHING'S GOING TO BE FITTING PROPERLY AT 79FT, OR DO YOU THINK THERE'S GOING TO BE MORE ISSUES COMING UP? SO IN IN THE LONG RUN FOR ALL OF FOR IN THE LONG RUN FOR ALL OF STAFF? I MEAN, YOU KNOW, JUST BECAUSE WE HAVE TO FIT CLEAN OUTS. CLEAN OUTS ARE BIGGER. YOUR METER BOXES. YOU KNOW, YOU'RE FITTING AT LEAST SEVEN OF THEM, YOU KNOW, BEHIND THESE AREAS AND TRYING TO FIT THEM INSIDE SMALL TRIANGULAR AREAS OR AND ON TOP OF THAT TO LANDSCAPING. WE DON'T WE ALWAYS FORGET ABOUT LANDSCAPING AS WELL. THEY DO. A LOT OF THESE PEOPLE ALSO PLACE TREES. AND THEN WE ALSO HAVE HAD A COUPLE RUN INS WITH, YOU KNOW, WITH CARPORTS AS WELL, AND THEN CARPORTS FALLING ON TOP OF THE CLEANOUTS AND CARPETS AREN'T BEING BUILT. AND THAT DOESN'T EVEN CONSIDER THAT THE CONTRACTOR HAS NOT, MAYBE HAS NOT BUILT THE THING CORRECTLY. AND SO YEAH, IT BECOMES DIFFICULT. YOU KNOW, IT BECOMES DIFFICULT FOR STAFF AND, YOU KNOW, IT BECOMES RATHER TIGHT TO TRY TO MAKE EVERYTHING FIT IN THE AREA. SO BEFORE THE UDC WAS CHANGED, WHAT WAS THE REQUIREMENT BEFORE IT WAS ALSO 80 WASN'T IT 100. IT WAS 100. IT WAS 100FT REQUIREMENT FOR THE MULTIFAMILY. AND THEN AFTER THE LOT WAS 100 FOR MULTIFAMILY. YES, SIR. OKAY. AND THEN BECAUSE WE GOT SO MANY VARIANCES REQUESTS, WE FINALLY DECIDED, HEY IT'S 80. YEAH. THAT WAS THE FINAL NUMBER THAT IT WAS DETERMINED THAT THEY COULD WORK WITH. IN THEORY IT WAS IN THEORY. AND WE ALSO WE ALSO ALSO I ALSO NEGLECT TO MENTION TO ELECTRICAL. ELECTRICAL ALSO NEEDS TO BE FITTING IN THE PICTURE DRAINAGE AS WELL. AT 100 FOOT YOU HAD AMPLE SPACE, RIGHT? SO. BUT YOU'RE BARELY MAKING IT. YEAH. AND WE DO. AND WE DO CATCH THEM. WE DO CATCH THAT SOUNDS WRONG. THAT WE DO MAKE A WE DO MAKE THE ENGINEER AWARE THAT, YOU KNOW, TO PLEASE SPACE YOUR DRAINAGE INLETS CORRECTLY. DON'T PLACE THE YOU KNOW. MAKE SURE THAT YOUR DESIGN DOESN'T HAVE THE PADS FALLING ON TOP OF THE INLETS IN CASE WE HAVE TO ACCESS IN CASE OF EMERGENCY, YOU KNOW, THINGS OF THAT NATURE. AND SO WE WE'RE ENCOUNTERING MORE ISSUES, YOU KNOW, DOWN THE LINE AS WE GO YOU KNOW, WE WANT TO MAKE SURE EVERYTHING'S OKAY. MORE CONFLICT NOW THAT THE UDC IS 80 FOOT VERSUS THE 100. I CAN I CAN ATTEST TO MAYBE A COUPLE OF ITEMS WITH ELECTRICAL, BUT BUT I CAN'T SPEAK FOR THE OTHER. I CAN'T SPEAK FOR THE REST OF THE STAFF, THOUGH. OKAY. I'M CURIOUS. I MEAN, I KNOW HE CHANGED IT TO 79. I MEAN, WHY NOT JUST DO IT 80? I MEAN, IT'S ENGINEERING. JUST PROBABLY IMPOSSIBLE TO DO IT, RIGHT? YEAH. IT BECOMES IT BECOMES VERY DIFFICULT. AND MAYBE, I THINK MAYBE ALONG THE LINES, IT'S JUST RATHER SPECULATIVE, JUST ME SPECULATING THAT MAYBE THEY HAVE ENOUGH ROOM TO POSSIBLY TRY TO FIT THE SERVICES WITHOUT HAVING TO RELOCATE OR MAKE SOME. RIGHT NOW, EXISTING WOULD HAVE TO BE MOVED IF HE HAD STAYED AT STATED 80. YES, SIR. SO IF HE GOES TO 80, HE WOULD HAVE TO RELOCATE SOME OF THE SERVICES, REPLACE SOME OF THOSE THINGS. YEAH. THERE YOU GO. THAT'S THERE. THERE YOU GO. THAT'S THE ANSWER I WAS LOOKING FOR. OKAY. OKAY. OKAY. THANK YOU SIR. OKAY. WE'LL GO AHEAD AND CLOSE PUBLIC COMMENTS. STAFF COMMISSION. IT'S ONLY ONE FOOT, AND I WILL MAKE A MOTION TO APPROVE BASED ON MOTION AND SECOND. I GUESS NOT. RAISE YOUR RIGHT HAND. OPPOSED? SAME SIGN. MOTION CARRIES. AT THIS TIME, I'D LIKE TO TAKE ITEMS TEN, EIGHT THROUGH TEN. [10. CONSENT AGENDA] SO MOVED. SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. ANY OPPOSED? SAME SIGN. MOTION CARRIES. HOW MANY YOU GOT ANYTHING ELSE, SIR? NO, NOTHING. ALL RIGHT. WE HAVE NOTHING ELSE, COMMISSIONER. NOTHING ELSE. ALL RIGHT. MOTION TO ADJOURN THE MEETING. I'LL MAKE A MOTION TO ADJOURN. ANYBODY IN FAVOR? PLEASE RAISE YOUR RIGHT HAND. OPPOSED. SAME SIGN. MOTION CARRIES. MEETING ADJOURNED. WE DO HAVE SOME SANDWICHES IN THE BACK FOR YOU. THANK YOU. THANK YOU ALL. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.