Planning Commission - Regular Meeting

Number seven. Okay.

Okay. Okay. I show that it's 3:03. So, we'd like to go ahead and begin the regular uh planning commission meeting. Thanks everyone for joining us. There will be time for comments later. Right now, we're going to start with the roll call, please. Chair Min is absent. Commissioner Batty is absent. Commissioner Jabar is absent. Commissioner Javeed is absent. Commissioner Lenton is ab here. Commissioner Mason here. Sonier

here. Commissioner Templeton here. Alternate Commissioner Sagar. Alternate Commissioner Sineagar here. Alternate Commissioner Serell here. Thank you. All right. Uh we're going to move on to um approval of the minutes from the January 26 meeting. Does anybody have any questions or concerns? If not, I'll entertain a motion. Please make a motion to be approved. All right. Second. Motion and a second. All in favor? I. Any opposed?

Motion carries. Okay. Moving on to regular meeting items number one. Uh 2025-385.

Good afternoon. Zach Row of Leven Engineering and Design LLC on behalf of BevelPort is requesting an abandonment to a portion of a unimproved rideway to both Ocean Street and Rainbow Street located in Bowmont, Jefferson County, Texas. Bevelortport is the sole landowner abudding said rideaways and seeks abandonment of them for future commercial development. A general utility easement exists beginning at the eastern edge of South 23rd Street right ofway which extends east and overlaps the no northernmost 10 ft of both Ocean and Rainbow Street rightways. The easement continues further east and terminates at the property line and the westernmost edge of Hildbrand Bayou. Staff recommends approval of the request with the following conditions. Number one, if approved, the applicant shall obtain an appraisal and title search report for the property to be abandoned at their expense. Appraisal and title search report must be submitted to the planning offices along with proof that payment has been arranged prior to the item being placed on the city council agenda. Number two, the city of Bumont shall retain the 10- foot wide general utility easement located at the northernmost point of Ocean and Rainbow Street ratways to allow perpetual maintenance of the existing city sanitary sewer line and impertinances. Staff sent four property owner notices. We received four in opposition and zero in favor with opposition stating this is my driveway and that I would like to purchase it myself and do not want that street opened. The area outlined in red is the area under review on the screen. This is the schematic uh provided by lead engineering. And for clarity, this area, the area outlined in red is the area or the portion of the unimproved rideway that they wish to abandon. The area that's outlined in green is not an area that they wish to abandon.

This is the subject site for Ocean Street. So that red line that we put in the um picture is just an area is approximately the area where it starts to be abandoned. Um it would not be forward or coming forward uh to us. Again, this is uh Rainbow Street. That red line is to indicate an approximate area of where that is to begin to be abandoned. And we do have the applicant present and I do believe we have multiple um citizens wanting to comment. Okay.

Okay. Uh any questions of staff before we open the um I'd like to ask the applicant to come forward. Please state your uh name and address for the record. Good afternoon. Zach Row with Levens Engineering and Design. address is 3250 East Texas Freeway. Uh I don't have anything to add beyond the staff report. Uh but I would be happy to answer any questions that commissioners have. Okay. Thank you. Thank you.

Okay. This time we'll open the public hearing. If you'd like to speak for or against this item, please come forward. When you come to the podium, please state your name and address for the record if you want to speak. Now would be the time during the public hearing. No, ma'am. If you want to um raise your hand, then that would be fine. And we can call you up in that order. For the abandonment. This is for the abandonment, not the reszone. Yes, this is just for the abandonment at this time.

And then just please state your name and address for the record. So my name Good I'm sorry. You also need to keep your comments to three minutes. There's a little timer right there. Yes. Thank you. Good afternoon. My name is Avis Shashawn. Um uh I currently reside at 2828 Woodside Street in Dallas, Texas, but home will always be 4290 West Corley Avenue, Bulmont, Texas, where my parents reside. They are actually at uh Rainbow and Corley Street where Rainbow they actually paved it when they built their dream home at that corner and actually are looking to purchase the portion that is directly south of the site. We just want to make sure this abandonment does not include that paved driveway that is existingly there.

So the green portion correct. Okay. All right. Thank you. Would anybody else like to speak for or against this this abandonment section? We'll deal with the other part later. Okay. All right. Then moving on. Uh Mr. Row, you had a apologies. Miss Nisby, would you like to speak?

Okay. Anybody else? I'm sorry. I have new contacts. I can't quite see you. I'm working on it. All right. Anybody else? Okay. In that case, um I'd like to uh Yes, please come forward. I apologize. My name is Al Bernard. I currently live at uh 4520 Cartrite Street, which is the neighborhood that is in question.

Okay. my unknown what I don't know at this time or understand is the abandonment section. So what does that mean and how does it affect what's going on? Since I don't know, I'm asking. Okay. Is that is that something we can answer or do we need uh Mr. Ro?

I would keep the public hearing going and then I can answer that question when the public hearing closes. So that'll be a question for staff. Right now we're in the public hearing section. So that's allowed for the public to speak as well as Mr. Rose. So if Mr. Row has comments or can answer that, he can or it'll be answered after the public hearing is closed and the commission can pose a question to staff. Yes. Come forward. Please state your name and address. Yeah. Now, I don't really know how this uh

I'm sorry, sir. Can you state your name and address for us, please? Okay. Roy Adams, 4310 Carly Street. Mhm.

Okay. Um now I would like to purchase you know that alley on rainbow you know like my neighbor get one side and I get the other side and it's already I got a picture here as in in Bulma with the same situation and um this is uh let's see at the Autumn Oaks apartment. It's the same situation right here. They got the covers in, but the street not going through. And they got uh the left side for one neighbor and the right side for the other neighbor. And the back of the whole apartment uh is no through street. So they abandoned it and let the uh and let each owner on each side pay for his part. And that was part of his driveway. And I was wondering, does this apply to anything right here? I got a timestamp and everything, you know, the way it is.

That's another staff question. So, we'll have to close the public hearing and let staff address some of those concerns. Okay. You know, cuz they they've been doing it, but and they a lot of them don't let them go through like that. Mhm. And I I want to make sure that I I could do the same thing.

Okay. Well, we'll get to that in a minute. Anybody else want to speak right now? Okay. Now, I'm going to ask Mr. Ro if he'll come back up and address those concerns, please. So, as I understand it, uh, there was a question about how this affects Cartright Street, which I believe is two blocks to the south, if I'm not mistaken,

Corley. Oh, how it affects Corley. So it does not directly affect corally the rideways of both Rainbow and uh Ocean Street within the Washington Manor subdivision which is along Corley Avenue there. Those two rights ofways will remain. It will just be the abandonment of the the red portion there on the Bevelort track.

Okay. And so to the second question about the abandonment of these rideways to the adjoining land owners would be to the to the citizens to come and petition the commission the city to do what Beavenport is wanting to do for their portions as well. Okay. But but as to the first lady's question that would be the green section that would not be abandoned. The green section. Yes, ma'am. My understanding is that they're at liberty to come back and petition the city as well as we are today. Okay.

Okay. All right. Staff, any um commission? Any questions for Mr. Ro? I just want to clarify um since we were saying this is approximate, the red line is going to start virtually at that tree line. The red line is that the tree line the tree line is approximately the the rear property lines of the lots at front along Corly. And so we did this off of a deed sketch. So there was no survey done to generate these descriptions. And as a part of going to council for the abandonment, a survey has to be acquired by the owner.

Okay. All right. Thank you. Thank you. Okay. Uh with that, the public hearing is closed. So we have a few items.

Yes. So the first question was what happens uh basically when the abandonment happens. So when you abandon a rideway or um yeah a rideway the center line common law says the center line of that rideway goes to the abuing properties. So in this case what they have requested. Yeah. What they have requested is Bevelport owns these properties including these properties up here. So what they've requested is a portion of the rideway. So they're not trying to come down all the way to Corley. They just want to abandon the area that is within their property that they own um up here and they want to abandon it so that they can own it then and then also develop for future commercial development. Um, so going back to this one just to be a little bit more clear, the area in red, as Commissioner Templeton was was um trying to clarify, the area in red is the portion of the rideway that is to be abandoned. This would not affect although these are areas that have encroached into the rideway, this will not affect these green areas. And can everyone see these green areas in the audience? Okay. Um, it will not affect abandonment here. That's why this this was written as a portion to abandon uh or a an abandonment of a portion of a rideway, not the entirety of the rideway. And does this apply to anything with the the driveways? Technically, no. That is a city rideway, but technically no. These areas in green would remain as they are. These would not be abandoned. It is the area that's north. I can I can clarify that. So there are two um applications on this agenda. There's this one which is first that's

the abandonment of the rideway. There is a second item and I believe that is item number eight on this agenda that is going to consider a resoning. Um, it's got to be two separate uh applications, but that resoning will happen in the reg or the joint agenda, which will be after the regular agenda today. Thank you. Yes, ma'am. We're on item number one. Item number. We're on item one. number right now. The sister to this is number seven. Number eight. Eight. Sorry. Seven got tabled eight. It's eight.

City attorney Reed's going to bring you an agenda. Okay. We good? Okay. Commission, any other comments, questions? No. Okay. All right. So, do I have a motion? I move that we approve as uh requested. What do you say? He moves as a to approve as requested with the conditions. A motion. Second. Okay. We have a motion and a second. Mr. Sagar. Okay. All in favor? I

I. Any opposed? Motion carries. Okay, moving on to item number two.

Okay, first my apologies for being late. I had the longest train in Bulmont that stopped. Okay, we're going to go with PZ 20225-385. That was the one that was just heard. We're on 2026-6. 2026-6.

Yes, ma'am. Michael Prudam requests an abandonment to the unimproved ride 60 foot wide Mildred Street rideway south of his property located at 4430 Bob Street. The rideway is approximately 60 ft by 220 ft wide and the city has no plans to develop the unimproved rideway at this time. It should be noted that an abandonment of Mildred Street as proposed would create two landlocked parcels owned by abuing property owners on Cadillac Lane at the westernmost edge of Mildred Street. Staff recommends approval of this request with the following conditions. Number one, if approved, the applicant shall obtain an appraisal and title search report for the property to be abandoned at their expense. Appraisal and title search report must be submitted to the planning offices along with proof that payment has been arranged prior to the item being placed on the city council agenda. Condition number two, if approved, a replplat is required to combine the two parcels fronting Mildred Street right ofway to comply with chapter 26 of the city of Bowmont Code of Ordinances. A complete plat application must be submitted to the planning offices prior to the abandonment being placed on the city council agenda for final consideration. Staff sent six property owner notices. We received two in opposition and zero in favor. Opposition stating, "I, Kimberly Evans Robinson, heir to this property via my late father, Raymond Evans, is in opposition to this request. It hinders the owners of the Mildred lots in question from future development due to lack of property access. Furthermore, it devalues and creates too much uncertainty for what would become of the Mildred lots since the they lose street access. Also, uh, another comment was that I would like to get my land from Bob Street. So, the area in red is the area under review. Again, they want to abandon the Mildred Street rideway aerial image.

This is the schematic subject property. And I added this just to be clear on what would happen with this abandonment if approved. One moment while I get my mouse over there. Okay, so this is the Mildred Street rideway area. This is the applicant. Um, if the abandonment were to be approved, it would split down the middle. Again, as discussed earlier, common law says the rideway will be split down the middle. So, what would happen here is that this portion of the rideway would go to this lot. This portion of the rideway would go to this lot. And then you can see there are two lots down here at the western most edge of Mildred Street that face Mildred. So in our uh chapter 26 of our ordinances in the subdivision code, every lot must have street frontage. And in this case, this lot is okay because it has a frontage off Mildred Rideway. Right now, sorry. Right now, this property or this lot is owned by this property owner. This lot is owned by this property owner. So, in order for this to go through and be placed on the council agenda, because what we don't want to do is create a nonconformity to the codes, these properties would have to replplat to combine these two lots. And also, this property would have to replplat to combine these two lots right here. So, that's why there's two conditions to this rather than just the regular appraisal condition. Um I don't I'm not sure if the property owner or the applicant is here, but if they are um we should do a call.

Okay. Uh any questions of staff? Okay. Is the applicant in the audience? Yes, sir. If you'll come forward and give us your name and address, please.

Yes. My name is Michael Prudam at 4435 uh Bob Street. Is there any additional information you'd like to share with us, Mr. Prudum?

Uh, yes. When I bought that property, it was all woods anyway and I had it all cleared off, you know, so you couldn't drive back there anyway. So, I own that other lot and I built that other house next to it on 4465 cuz I'm a contractor and I planned on building another house on that lot. So, if I got to 30 ft, it would make it 100t wide. So, I'll be able to put two houses there. And if you left it a road there and I build a house there and you have two fences there and an alley in the middle, anybody can drive through there at night and pull behind that fence, you'll never see them. It's going to be dangerous. I mean, it can be real dangerous. So, I'm not trying to upset anybody by doing this. But, uh, if they really need access to their houses back there, all they have to do come off Reena Street cuz they on a lot right there and a lot there and a lot there. They can drive in that way if that's what they want to do. And do you understand and agree to the conditions?

Yes, I I get it replatted, but I mean I also been cutting it for 20 something years, too. So, I mean, I don't know why that would give me reason to keep cutting it, you know, for somebody else. I mean, you add that up for 25 years cutting grass. Got it. Any questions for Mr. Prudin? Do you own uh that small structure there to the right? That's um whose whose structure is that? Which one? That's that one right there. Yeah, that's the harpers on that right there. I I don't want that part there. Mine should stop at the fence line if I get that abandoned and they keep the rest. You know, I don't need that. If that's the intent, that was not the application that was made. So, this

even if it's not, if I get it, I still would just give it to them, you know, because I don't need it. I mean, I'mma run a fence all the way across and put that and then I'mma build two houses there. And that way I ain't got to cut it anymore. If not, I'mma sell it. They can buy it if they want it. I'm not trying to cause problems. I'm just trying to solve a problem. Okay. Is that going to change the application staff? If he doesn't want to abandon the entire rideway, um that would change the application, but planning would not be able to support it. Um because if you were to only abandon this area, I can I can get it all. I don't have a problem with that.

It's okay. I'll just explain it real quick. If you were to abandon only from here to here, yes, that would most certainly landlock these properties right here, which would be a would create a nonconformity or a violation to the chapter. Got both of those properties there. Nobody don't even live in them. They all deceased except for their siblings, you know. So, right now, they're empty houses anyway. So, Mr. Mr. Prudum, are you going to stay with the original application? Yes, I'll stay with the original application. Okay. Okay. I get it. I get it. I I don't. All right. Any other questions to Mr. Prudum? Yeah. Do we need to clarify anything with staff? Linda. Yes, sir. Yes, sir.

Right there. The piece you saying, is that a house right behind behind the red line? Is that Yeah, that's a fence. No, I Okay, but you said right there. Is that a building right there? Yeah, that's a building belongs to the the house right there. The storage building that been there. It's just a little metal building. Yeah. You know, kind you can move or whatever, but that's not mine. Okay, staff, I see you have questions.

Um, I'm not sure at what point that shed was there. Um, I'm sure Google Earth could tell us a tale. You have to ask them to go here. If it is not your shed and um, if you were to abandon it, I guess we would need to know intention. Um, either way, right now it's a I would have to look at the Google Earth to see when it was there. But it still would pose the question of whose shed is it? If it's not yours, then it's here. They're here. You can ask him. Okay. I

mean, it was for their father and he's dead. Mr. Harper He kept it for storage. There's nothing in there they want. It's just, you know, old Matter of fact, me and his son cut the lock off of just some old stuff in there. I'm sure to get rid of if they got to get rid of it. Um if the abandonment weren't to go through today, um it may warrant I would have to get with the public works department, but it may warrant a necessity to obtain a license to encroach um for the shed to continue existing in a city's rideway. Okay. Thank you, Mr. Prudum.

Okay. Thank you. a question with this change that he's suggesting and what you're talking about. Is this something that we need to table until it's clarified? Well, I think he said he wanted to move forward as the application is. Um, but I do know that there are some citizens here that want to speak at the public hearing as well. So, I would open the floor for them. Okay. Um, if is there anyone who would like to speak in favor or in opposition, please come forward and give us your name and address. and please limit your time to three minutes.

Good evening. My name is Kimberly Evans Robinson at 4450 Cadillac Lane and I'm in opposition of the abandonment because my property is directly behind U Mr. Prudam's home and I do not have access to Reena Street from my property and so by doing by going forward with abandonment it would basically landlock my property and greatly devalue it. Okay. Thank you. Yes. Anyone else who would like to speak in favor or in opposition?

Yes sir. if we can get your name and address, please.

My name is Charles Hopper. My address is 4460 Cadillac Lane. Uh on this abandonment deal, like I said, I'm not really up on that word abandonment, but actually the way the land was set up, the house was supposed when he built the house he built, he built it towards Ball Street. So that's called now he's saying he want the land so they can just build the house on the side of it but it wasn't designed for that. It was designed for the houses to face uh Mildred Street. That was the original plan. And now when all didn't happen I can't I can answer that part. Now as far as the building that's that's that's my building. I mean it's just there

uh the building itself. So, uh, I really don't think it'd be, like I said, we couldn't get to it. And my father, we have land that's, uh, to the to the downside of it. That's our land to get to. And I don't see no reason why we can't have access to it when we want to. I mean, all of a sudden, they want to change the rules, you know, in the middle of the game. I don't think that's how it should be. Okay. Thank you, sir. Yes, sir. Yes, sir. Well, I I'd like to go back to the lady that spoke before this. I'm confused where her home is because it looks to me like it faces Cadillac. Your home faces Cadillac. I'm sorry.

No, the lady behind you, sir. Miss Evans. And I'm sorry. Can we get your name again, please? Kimberly Evans Robinson. Thank you. Yes, my home does face Cadillac. However, we have a piece of property that faces Mildred Street and the what I would like to be able to do is look at future development of that property and if Mildred Street is abandoned then that negates my opportunity to do that. But you would still have wouldn't you still face and have access off of Cadillac?

Those are two separate lots and so I do not want that replatted with the Cadillac home. We'd like for them to be separate for development reasons. Thank you. Okay. Is there anyone else who would like to speak in favor or in opposition?

Yes, ma'am. Good afternoon. My name is Linda Harper Young and I am the daughter of one of the de Oh, 9390 Rigs Street and Bmont. In Bmont. Okay.

And um like Mr. Prudin was first of all I want to know how can we access uh this property that my parents own from Reena Street. Second of all, I would like to u talk about the mowing of the land. My daddy, he mowed this land with his zero turn and the only way you can get it back there is through Bob Street. He just died at 95 years old and he was still cutting that grass when he was 90. And then afterwards then I paid uh my yard person to come back there and mow it. So, I don't know why he's saying that he was mowing the yard. He mowed his own yard. So, I'm in opposition. I do not uh agree with uh this alleyway or street or whatever you're going to call it to be uh blocked off or uh closed because this is uh we've been using that land um for gardening. We've been using it to bring our equipment and stuff in the back. I'm talking about as far as my father. So, uh I I just don't agree with it.

Okay. Thank you. Thank you, ma'am. Anyone else who would like to speak in favor or opposition? Okay. None heard. Mr. Prudin, you have several people who have had opposition. You have an opportunity to address those. And ma'am, may we get your name and address, please? My name is Donna Prudam, 4430 Bob Street in Michael's uh white. Thank you. Yes, sir. Go ahead. You want to go?

Yes. So, um just to make sure that the record does reflect that we're not trying to cause opposition with our neighbors. You know, we have a great relationship with our neighbors. But when Michael spoke about cutting the property, he was not speaking about the properties that they own. He was speaking in reference to Mildred Lane. He has had to purchase dirt to fill in some of the potholes that were there. Um, and also we've had abandoned cars parked there. We live right there next to Mildred Lane. It's unpaved, grass, dirt, and uh and sometimes there was a few situations where there was some suspicious um activity happening where we had to call the police. So, that's where we live. It's just unused property. We're not trying to uh prevent anyone else from accessing it. We're just trying to make sure that none of that other stuff happens. And especially with him taking care of it and splitting the property, we're not trying to land like anybody. We know they can access the land from Cadillac Lane. All we're trying to do is just make sure it's unused. It's not paved. The street that's listed here, if we were to abandon that, it would be property that would be taxed because of course building another house, we built that house right next to it. That's all we're wanting to do. We're not trying to cause trouble with our neighbors. So, I just want to clarify that.

Yeah. And you can never build back there on the other lots anyway. Being a builder, you never get a permit because you have no street, not a grass road. You You're going to tell me you're going to pave all the way back there to build another house? It's no way. So, I'm sorry, but that ain't going to happen. Okay. So, just to clarify, the only thing that he took care of was Mildred Lane, not the properties in the back. Just cutting the property from Bob Street in between for 25 years. We live there. We've seen abandoned vehicles. I've had to call the police before and uh it's just it's just not something that that needs to happen. finished up and if they want to they can buy it for me and they can have it all. I don't have any questions of Mr. Prudum. No. Thank you.

Okay. Thank you'all. Okay. The public hearing is now closed. Uh do we have any questions of staff motions? Questions? I have a question. We're a little confused over here. how people are saying that they're accessing property from Reena, but there's to these other pieces back here, but there's no I don't show any way that's possible. Sir, I'm sorry. You've had an opportunity if you'll let us take care of this. Thank you.

If this is Reena to the north, sorry, let me get my mouth to my mouse to the north. Um, they may be crossing private property to access back here. Um, but yeah, that's my guess. As far as the rest of it, I'm not sure. You show me the lot that the lady that spoke is questioning. I think it's just to the U.

So, these these two lots, one and two, those face or front Mildrid right away. There's no, they're right. There's no improved uh uh street here. Um, so improvements would have to be done to uh access their property back here as far as uh maybe perhaps building a road or or some something to that effect. Um, but if the abandonment that's why there was this condition number two on there to require a replat because the their owners own these two properties right here for this one and then the other owner is right here that owns this one. Um, they could replplat it in such a way where all the lot frontage is off here. Now, that's completely their their prerogative. That is not a city uh requirement. It is just a city requirement that a replat must be done before the council can consider this item because what we don't want to do is abandon this rideway and then these properties become landlocked because then that would be a violation of our city code. So, those would have to be remedied before the the council could consider this abandonment. Um so right now it's just at the be the beginning phase which is the planning commission asking permission but that's why there is that that second requirement that a replat must be submitted to planning to remedy that.

So and that's another property owner that would have the lady would have to actually replant it. Yes sir. And if she refused to replant it then this will not work right. Yes sir. That's correct. Thank you. Okay. Any other questions of staff? Okay. Is there um Yes, sir. Motion or discussion? Are they planning on developing those two lots? I believe one of the owners came up and said that it's possible, but I'm not sure outside of that. I just Okay, Bill.

I question maybe this should be tabled until the whole thing can be solved. In in my opinion, um it's either this on the screen gets replatted together right here or potentially they were to sell because Mr. Prud Prudin does own this lot and this lot. Uh Mr. Prudin could acquire those and then it would be a little bit um it'd be it'd be better. But again, the city is not going to uh force any kind of sale or anything like that. um this would have to be uh owner initiated.

But if we approved this as is, then the only option the existing homeowners would have off of Cadillac is to basically increase the acreage of their existing homes because there would not be any other possibility possible use of those lots. And that's why there's they're making one property owner would in effect be making a decision for the other property owners.

No ma'am not necessarily. So planning commission that's a recommendation. You can either recommend to approve with conditions, approve outright or deny the application. That is a recommendation to council which is why I put those conditions there that a replat must be submitted. Now whether that reflat is for those lots if Mr. Prudin were to purchase those those lots are now absorbed into his property or the opposite way where they now front Cadillac. But th this would not come for final consideration to council to be effective um until that's done. So there would be no forcing that is just the steps for council to consider ultimately.

Okay. And then I have I have one more little follow-up question on the little metal building. What if we abandon this? What happens to the metal building? somebody has to take it down or it stays there. Um, I don't think that it would have to come down. I think that would be absorbed into the property, but now it is on a city radar, so it may need a license to encroach if that remains a rideway. Okay. Unfortunately, sorry guys. No problem. Do we have a motion? I'll make a motion to deny. Okay, we have a motion to deny. Is there a second? A second. Okay. All in favor say I. I. I.

Any oppose? Okay. Motion carries to deny this one.

Okay. We're going to move on to PZ 20226-16. The property over owner Kevin Benton is seeking approval of a replat of lots 21, 22, 23, and 24, block 121, Cartwright, second edition, Bowmont, Jefferson County, Texas into lots 21A, and 21B. Block 121, Cartwright, second edition, Bowmont, Jefferson County, Texas, containing approximately 32 acre acres. The intent of the replat is to combo com comp is to combine four lots into two and construct single family homes on each lot that would face Terrell Street. The staff the planning staff recommends approval of the request with the following conditions. Number one, shall dedicate a private sanitary sewer easement through proposed lots 21B block 121 to the existing alley to service lot 21A block 121 on the recorded plat. Number two, add a plat note stating the property owner of lot 21A, block 121, Cartright, second edition, is responsible for the perpetual service and maintenance of the private sanitary sewer line and easement. Staff sent 24 property owner notices. We received zero in favor and zero in opposition. The area outlined in red is the area under review. So again, these are four existing lots that they want to turn into two lots. aerial image and the plat and I believe the applicant is present. Okay. Any questions of staff? Okay. Is the applicant in the audience? Yes, sir. If you'll come forward and give us your name and address, please.

Yes, ma'am. My name is Kevin Benton. Address is 2290 Uclid, Bulma, Texas. Okay. Is there any additional information you want to share with us, Mr. Benton? Uh, no, ma'am. I think they explained everything. Okay. And you're aware and agreed to the two conditions? Yes, ma'am. Okay. Any questions of the applicant? I have a quick question. So, just to make sure I understand, instead of those lots facing Palestine, they'll turn and face Terrell instead. Yes, ma'am. Okay. So, it'll look more like the ones The bigger ones to the right of them there. Yes, ma'am. Okay.

Okay. Thank you, sir. Is there anyone who'd like to speak in opposition or in favor? None heard. Public hearing is now closed. Do we have a discussion or a motion? Move to approve with conditions. Okay. Motion to approve with the two conditions. Second. Okay. All right. All in favor say I. I. Motion carries. Thank you. PZ 20226-21.

Ripley Woodard of Meta Planning and Design on behalf of Binnacle Development is seeking approval of the preliminary plat of Beltier section 1, Bowmont, Jefferson County, Texas along with two waiver requests. Section one of the planned unit development will consist of 115 new residential lots with a mix of with a mix of lot sizes including 40x120 and 50x120. Landscape reserves are incorporated throughout the subdivision to enhance aesthetics, provide buffering, and to support the overall neighborhood character. A new collector street buoy bluff drive with a 60-foot rideway will be constructed to serve as the entryway to the development. The proposed collector street will connect to a new two new local residential streets, Anson Park Trail, Ellis Ridge Court, Fannon Ridge Drive, and Milm Bid Bin Trail with 50oot rideways. The applicant is requesting two waivers. Number one, a waiver to increase the maximum number of lots served by a single outlet street from 32 to 115. Future phases of the development shall provide additional outlets. number two or waiver number two, a requ waiver to allow Ellis Ridge Trail to function as a residential street rather than a collector street. A collector street shall be installed on phase two of the subdivision development. It should be noted that a traffic impact analysis will be required to evaluate traffic impacts at Northwest Parkway intersection. Additionally, a capacity study will be required for the overall master plan to ensure adequate infrastructure capacity for the proposed development. Staff recommends approval of this request and the two waiverss with the following conditions. Number one, shall include a platown. All property owners will be required to construct 4 foot or 5 foot if required. Wide concrete sidewalks adjacent to the street located 4 feet from back of curb at street intersections if applicable. Sidewalks are to include construction of

a five- foot wide landing to tie in with concrete access ramps. If any lot developed within five years of recordation of the final plat, the current owner shall construct the sidewalk. Number two, shall include a plat. Temporary erosion control measures must remain in place until permanent measures are established. Number three, shall include a plat. All utility easements include the right to remove trees and shrubs within the easement. Number four shall include a plat note. All lots shall be graded to to drain to the streets and shall not drain onto adjacent lots before or after structures are built. Number five shall show the location of existing and proposed sewer, water, ga and gas mains and other public utility easements and improvements. and number six shall submit a master plan depicting the continuation of deadend stubouts and planned connectivity to the north of the development. The area in red is the area under review. This is an aerial image and the preliminary plat and we do have the applicant present.

Okay, any questions of staff? None. Okay, thank you. And if the applicants in the audience, if you'll come forward and give us your name and address, please. Yes. Hi, good afternoon. My name is Ripley Woodard. Address is 5454 Washington Avenue, Houston, Texas. Um I have no additional comments. Staff gave a good presentation on the topic. Um we met, I think a week or two ago to discuss um the conditions and were aware and willing to meet. So, and you are in agreeance to the conditions? Yes. With the waiverss? Yes, ma'am. Okay. Any questions of the applicant? Thank you, sir. Thank you.

Okay. Public hearing is now open. Is there anyone who would like to speak in favor or in opposition? My name is Sam Pariji and I'm at 445 North 14th Street and I represent the owners who own that track of land along with another 165 acres in that same area right there. And we have worked with Mr. Leblau on this property for some time now. I've almost taken him into raise. But we are uh in in concurrent with him on what we're what he's doing and we're happy that we're part involved with it. We think that will start or jump start what Northwest Bowmont has needed out there at Point Parkway. If we could just get Point Parkway all the way up to 105, it'd just be great. But we are in favor of it. And Jerry's done everything he can to appease the city. And there's a lot of hurdles that he had to cross. Not because of us, not not because of anything other than some bad planning.

Okay. Okay. Thank you. Is there anyone else who would like to speak in favor or in opposition? None heard. The public hearing is now closed. Is there a discussion or a motion? I make a motion to approval. Okay, we've got a motion to approve with the conditions. With conditions. Is there a second? Is that with conditions and waivers? And waivers. And waivers. Yes. Do we have a second? I'll second. All in favor say I. I.

Any opposed? Motion. One. No. Okay. Motion is approved. Thank you. PZ 20226-22. I believe the case number is PZ2026-21. That correct? Oh, I skipped one. It is 21. Just did 21. Just did 21. Apologies. No problem. Incorrect. Okay. We're on 22. 22.

Okay. Uh, Phil, Philip Jacobs of Shawnberg and Pulk Incorporated is seeking approval of a preliminary plat of the Meadows subdivision phase 1 East Bumont, Jefferson County, Texas. Phase 1 will consist of 19 single family residential lots located on approximately 6.9 acres. A new collector street with a 60-oot rideway will be constructed to service new residential streets, North Spring Street and Lupine Street, local residential streets with proposed 50-foot rideways. Staff recommends approval of this request with the following conditions. Number one, shall include a plat note. All utility easements include the right to remove trees and shrubs located within the easement. Number two, shall include a plat note stating the responsible party for the maintenance of the common area on the north end of the development. Number three shall submit an updated master plan depicting the continuation of deadend stubouts and the planned connectivity to the meadows subdivision west. Number four, manholes in the collection system must be at all points of change in alignment, grade, or nominal diameter per TAC 30, chapter 217, section 217.55, part A, subsection 1. Number five shall re rename the proposed collector street from Meadow Park due to likeness and proximity to the existing street Meadow Run and likeness to Park Meadow. The area in red is the area under review. This is out near the city limit line of Dishman and Keith Road. This is an aerial image. And this is the preliminary plat. We do have the applicant present.

Okay. Any questions of staff? Okay. And if the applicant will come forward. Yes, sir. Your name and address, please. My name is Phil Jacobs with Shmar Pulk, 8865 College Street, Pulmont, Texas. Um, I don't have anything to add. I think Demi explained it well. Um, we're aware of all the conditions. We're glad to meet all those uh conditions. No issue with that. So, be be happy to answer any questions y'all have. Do you have a new name for the street? We will come up with a new name for the street. Okay. I'll have to consult with the owner on that. We have not discussed it yet. Okay. Any questions of the applicant? Thank you.

Yes, ma'am. Is there anyone who would like to speak in favor or in opposition? None heard. Public hearing is now closed. Is there a discussion or a motion? I make a motion to approve BZ2026-22 with the staff uh recommendations and conditions. A second. Okay, we have a motion to approve and second. All in favor say I. I.

In opposition motion carries. File PZ 20226-24. Maria Garcia on behalf of Lamar University is requesting an abandonment of a 60- foot wide utility easement. The easement was left in place in 1968 after abandonment of a portion of Oregon Avenue between Cunningham Street and Ralph Christopher Drive to construct the existing parking lot. The proposed abandonment will allow the university proceed with to proceed with plans to develop a new music annex building within that said parking lot. Staff recommends approval of this request with the following condition. Number one, Lamar University shall be responsible for abandoning and abandoning the existing sanitary sewer line by filling with flowable fill. Staff sent four property owner notices. We received zero in favor and zero in opposition. The area outlined in red on the screen is the area under review. This is an aerial image. You can see that it's to the south of the parking lot schematic and the subject site and I am unsure if the applicant is present.

Okay. Any questions of staff? Applicant is here. I apologize. Any questions of staff? No. Yes, ma'am. If you'll come forward and give us your name and address, please. Hello, my name is Maria Garcia and I'm representing Lamar University, the planning construction department located your address. 1075 Jim Gilligan Way, Belmont, Texas. Thank you. Nothing to add and we accept the conditions. So, okay. U any questions of the applicant? No. Thank you. Thank you.

Public hearing is open. Is there anyone who would like to speak in favor or in opposition? None heard. Public hearing is now closed. Is there a motion or discussion? Sorry. I move that we approve uh file 2026-24 with the listed condition. Okay. Second. Second. Got a motion to approve in a second. All in favor say I. Any in opposition? Motion carries. Thank you. And Timmy, am I right? PZ 20225-369 has been

removed. Go ahead. I believe it was um Oh, you're correct. Yes. I'm sorry. That the SU for the apartment complex. Yeah, correct. It has been tabled. Okay. Thank you. Okay, mayor. We're ready for you. Mayor. Yes. Roll call, please. Mayor West present. Mayor Pro Tim Turner is absent. Council member Krenshaw here. Council member Durio

here. Council member Hillyard here. Council member Sherwood is absent. Council member Williams is absent. Thank you. This is council in the planning commission. Uh the only opportunity to speak on these items is today. The planning commission will make

Thank you. Okay. And 369 tabled correct? Yes, it was tabled. Well, it was pulled or withdrawn. pulled. Okay. Okay. We're going to start out with PZ 20225-386.

So, for all in the audience, this is the second part of the um abandonment that was heard earlier. This is now the reasonzoning request. Um Zachro of Leven's Engineering and Design on behalf of BevelPort is requesting approval to reszone the property located at west and south of 4195 Milm Street. The request would change the zoning from RH to GCMD2 for the southernmost 100 ft totaling approximately 4.6 acres and to GCMD for the remaining 42 acres. The purpose of the reasonzoning is to allow for commercial development. The proposed GCMD2 area is to serve as a controlled buffer between future commercial uses of the site and the existing residential uses facing Corley Avenue. The GCM2 zoning district does require a specific use permit for all new land uses or any development within that area. Staff recommends approval of the request. We sent 45 property owner notices. We received six in opposition and zero in favor. Opposition had concerns with potential density of dwellings, safety, and potential property tax increases. The area outlined in red is the area under review. And this is a schematic to uh fully understand what the request is. Um so right now the entirety of that property outlined in red it and also in blue is currently zoned as residential multif family highest density. Um there what they're requesting is the area outlined in red to be uh reszoned as GCMD uh which is general commercial multi multiple family dwelling. And then for that area in blue just to the south of it and I'll use my mouse to point that out. This area would be reserved which is um close to Corley Avenue would be reserved as GCMD2. Um I believe that is about approximately 100 ft. Um and that

is to serve as a controlled buffer buffer between any commercial future commercial development of this area and the residential um neighborhood to the south. This is an aerial image. This is a subject property. It's a very very large uh property. So, this is the best um uh view we could get down here. But we could always go back to the aerial image. Properties to the north, to the west, and to the south. And I believe the applicant is present. And we also have several citizens that wish to speak.

Okay. Thank you. Any questions of staff? Okay. And the applicant in the audience, if you'll give us your name and address, please.

Zach Row with Leven's Engineering and Design, 3250 East Texas Freeway. Uh, as staff presented, the request at this time is to reszone the northern portion to GCMD and the southern portion to GCMD2. There are no present uh intentions of developing this property outside of the extreme northwest corner at the corner of uh Milm and 23rd Street. Uh the owner is looking at potentially doing some warehouses there that would front mile street. Uh so there would not be any proposed development backing up to the houses along Corly. So no additional traffic uh to Corley at this time as anticipated. Um, beyond that, there are no future plans for development at this time. So, I understand from the citizens that's a concern. Um, but in all honesty, there are no plans for that property. Uh, and as staff presented, that southern 100 foot strip uh is being proposed as a way to control the development that does potentially come in in the future along those houses along Corly. So that anything that happens in there would have to have a specific use permit in the future.

Okay. Any questions? What type of commercial you plan to put there on 23rd in Milo? It'd be uh flex warehouse spaces about 5,000 square foot each warehouses. Yes, sir. I think it' be a bad warehouse. Yeah. Okay. So, if there's no other plan for the larger area, uh why are you not just seeking reszoning of that northwest corner

to go on and open up the the entire property for future development? Uh it's currently, as staff reported, zoned for multif family housing. So, if somebody wanted to, they could bring an apartment complex in now. Um but that's not the intent of the owner at this time. So he envisioned more commercial use in this area. On your apartment, there going to be a section 8 apartments you plan to build? No, sir. There are there are no intentions to build apartments. What about homes? No intentions to build homes right now. You're not? No, sir. Just a warehouse.

Just warehouses on the corner of my 23rd. Uh would you guys be willing to come back with a plan development and a concept plan?

So the owner is also in the audience today. He might be better uh positioned to answer that question uh without me committing him to something. Uh excuse me. Let me get a clarif I thought we're going for a GCMD right now and any future development would require y'all coming back anyway.

So within the GCMD area and staff can correct me if I'm wrong, they can have use by right with that within that area. So as long as the use complies with the zoning district, uh it can be used. But the 100t strip along the houses along Corley, the benefit to the city and to the citizens of GCMD2 is that's a controlled use area. And so any use within that 100t strip would have to have a specific use permit. And so staff, citizens at that would have an opportunity at that time to voice concerns for any development in that area. Okay. for my clarification then anything that meets the criteria can be done without coming back. Is that correct?

Within the GCMD area? Yes, sir. Okay. Thank you. And how wide is the 100 foot strip? It's 100 foot long. It's 100 foot 100 foot tall if you will north to south and it spans the entire approximately 2,000 ft uh along uh the east west dimension. Okay. And what is the anticipated time period that your company would develop the larger portion? There is no schedule right now, but the owner could potentially answer that question for you. Okay. Yeah. But

you're saying you going to start off on 23rd in Maryland. What makes you think you're not going to come later on? How much later to develop this commercial?

Yes, sir. Yeah. It depends on uh potential potential buyers in the area, what the market is asking for. Uh we've also met with the drainage district uh to get an understanding of what they would be looking for detention wise in this area. Miss Ingman, if you can go back to the uh aerial image. The the strip that runs through the site is a pipeline corridor and the district in uh doing their current watershed study has already started looking at the south, I'll call it half of this property as a potential location for a detention pond. And so it could be that the south half of the property is nothing but a detention pond and no commercial development would be done against those lots along Corly.

Any other questions? Thank you sir. Yes sir.

Is the owner in the audience who would like to make some comments? Good evening or afternoon, Mr. Gillette. Uh Rod Carroll 1208 uh Roll Road, Bulmont, Texas. Basically what I'm started doing, I purchased this land about 20 years ago from at that time was Slesers. So you have a little history on it. When Celesters originally got that property developed, it was for apartments, senior apartments is what they were going to put in there. But that program never came to life during the time span of that foundation. Uh what I'm planning on doing is basically I said he said warehouses. I'm looking at 5,000 foot officearehouse putting them in there and basically fronting them on the milum side then continuing back. The drainage district has already approached me in the preliminary stages. They have done some studies of purchasing 22 acres and we're in the very preliminary discussions um up against the subdivision that will save the subdivision from flooding in any future floods. Um, that's one of the key aspects of putting that in there. Um, in the 100-year flood, that area would be under, I think it was three feet of water. So, by putting buying that 22 acres from me, that would save that neighborhood and also several u businesses on the College Street um section. So, you kind of have an idea. Basically, what I'm gonna do is just I'm going to build uh probably four um 5,000 square foot warehouses um maybe maybe um three um up there on Milm and rent them out, lease them, and then continue on developing the back property, having the back property cleared out. Right now, one of the foremost problems I'm having is I have a homeless encampment that I've had to go out there um several times along police to chase people off that property. So, I'm trying to get that property cleared so we don't have any future problems. So just clarification. So south of the drainage ditch, correct? You're talking

No, pipeline. If you can see the pipeline. Yes. You're talking about putting in a pond. That is what the drainage district will purchase the property and putting a 22 acre retention detention. I'm not sure on the engineering part of that if it's um but basically that will keep the water in that subdivision from taking over those houses in our 100-year flood.

Take care of uh ocean. I yeah I am not sure Eddie I'll be honest with you I'm sorry sorry commissioner um I am not sure that is what they're you know one of the things as we all know we learned a very dangerous lesson during Harvey is how quickly the water will rise then we learned it again in MLDDA which came with a fury and stayed for a short period of time many homes being flooded I will tell you that I will work with the drainage district on coming to an amicable you know price and amicable because the last thing I want somebody else to do to go through what I went through twice of my home flooding. Okay, any questions? Thank you, Ry. Okay.

Okay, the public hearing is now open and we are going to have a three minute time period per person. So, if you all are saying the same thing, if we could have a leader. Uh, okay. So, well, real quick, real quick, I do want to clarify. Anyone that wants to speak should uh be able to come to the podium. Yes. Okay. Thank you. Ladies first.

Good afternoon, mayor, members of the city council, chairwoman of planning committee. My name is Ava Shashawn. Again, I reside at 2828 Woodside Street in Dallas, Texas, but home will always be 4290 West Corley Avenue where my parents live. I do have a PowerPoint presentation, but unfortunately, they were not able to load it. But as the applicant stated, um I have several reasons why to deny this zoning case that they've even outlined themselves. One is traffic concerns, um ingress egress problems with this site, significant drainage issues, and then negative impact to the neighborhood to the south. So the proposed zoning district that they want to reszone the site to which is general commercial multif family district and general commercial multif family district 2 y'all's zoning regulations state that these t type of district should go two or more intersections along frontage of major highways or major theares mil 23rd street or collector streets. The proposed uses under these zoning zoning districts would not allow for the traffic that would be generated by the uses that are allowed under GCMD which would be permitted by right. So Milm and Denton Drive are currently not even lined or paved. South 20 Street would not have the traffic signalization to accommodate it. All are two lanes. Um, Milm and Denton Drive right now are rarely used. It has they're in poor condition and do not allow for adequate storm water infrastructure. There's no cover gutters. Um, Malm right now is elevated above Denton and the water drains into Denton and there are basically bell ditches right now. The site has no access to interate interstate 10 currently. Um the current street scent system again cannot accommodate uh personal and businesses usage which would be communitywide which

could include liquor stores, furnishing um entertainment by right. Um it also would allow for shopping centers and multif family. So adequate ingress egress as mentioned there's a nitrogen pipeline bifurcating the site. You can see from the clearing of the aerial. Um, there's also a 10-ft public utility easement that has power lines running through it. So, the concerns would be how would it allow for adequate fire lane access? Where will the entry and exits be? Because right now there are no uh curb cuts along South 23rd or on Milm Street for that site. And then currently Ocean and Rainbow Street do not connect to Milm Street. So I have pictures of where this neighborhood has flooded. Allowing for this development would obviously increase the impervious surface where lot water would not be able to flow. Um mileage street again offers no curb gutter or storm water management and the flooding has occurred during events that are not subtropical.

Ma'am, I'm sorry your threeminut time period sir. Okay.

Thank you very much. Uh Jamie Smith, 4430 Roberts Avenue, Bulma, Texas. Former city council member from Ward 4. Um once you allow any entrance inside of something, it's going to make a whole change to the whole neighborhood. I don't stay within the zone. Even a 100 foot buffer I don't think is sufficient enough of a buffer between residential and the general commercial once they even if you allow the corner and there's houses to the left there's a house to the left of of Malm up there the whole neighborhood's going to change when I moved into the neighborhood 15 years ago I did my research it was multifamily residential stuff for a home for people to live and thrive in to somehow get the American dream that everyone dreams of home ownership ship or resident residents in the area. Now you're opening up to changing it to you say yes just that one corner you're going to change it to um warehousing but we all know that opens it up for the whole 46.7 acres to be changed to something we have really no input in once the tow is put in once that inch is given the mile will be taken and I'm sure that DD6 is going to try to work with you to put a retention pond back there regardless if you get it changed or not. So, I mean, that's a good point to bring up, but I'm sure yes, we've had flooding uh several times. And like she said before, even rain, we have flooding issues, but I'm very much opposed, as much as my neighbors are opposed to this change in the zoning of that property because we are afraid of what it's going to do to our neighborhood. Once you allow commercial to come in in a small neighborhood like that, you're killing

us. You're cutting us off from living the kind of life that we want to live. We have many senior citizens here. They will be scared. I would be scared for them uh to live comfortably in their home. So I beg of you, please deny it. Thank you. Is there anyone else who would like to speak?

Yes, ma'am. Good afternoon. My name is Dory Nisby and I reside at 4520, the great Carly Street that has been referred to so many times today. I live right in back of the description that has been given to this property. So, and I'm really concerned if anything is changed in the zoning. I my home has not been flooded. Other homes have been flooded, but mine has not. But I have had to pay for fallen pine trees on my property that came from the property now that uh was in the 46.5 acres because the owners of this property have not taken care of that property and allowed the pine trees to grow I say a mile high. And when the storms come and the pine trees fall on my fence and almost on my home, I have to repair it. They don't come, they don't look, they don't know, they don't care about the conditions of the property and what we have to contend with. When we purchased the property and I've lived there 48 years, we were promised that this would be single family members dwellings for the entire uh area and that's what we have anticipated and that's what we have expected all these years. Now 48 years later I have to face with businesses um property or multiple dwellings or whatever kind of design that they are

planning to put there. I'm opposed to any changes. I hope that the persons who sold us the property will keep the promise and keep the zoning as it has been for the past I say more than 48 years. I've been there 48 years. So 60 years keep the zoning as it is now please. Thank you. Thank you Miss Nisby.

Yes ma'am. Good afternoon. My name is Melody Carrier. I live at 4690 Prairie. I live in the subdivision that we're discussing today and I'm here with a number of my um neighbors to oppose this um change of zoning. Um I understand that this is already zoned a certain way that we may not be happy with, but commercial zoning, first off, it gives them a wide open range. they don't have to come back to you and ask or tell us what they're going to put on the rest of that property. Uh the owner said that the the drainage district is going to help with the drainage. Well, that's not to help us. That's to help with the fact that we're going to have a bunch of concrete out there that's going to place water down our neighborhood. This neighborhood has been existing for over 50 years. I've lived in this neighborhood for over 25 years. So, it is home to me. I've raised my kids there. Um, I intend to live there for a long time. I know that the streets would not be able to take the traffic that this development will bring. Not only will we have flooding, we'll have additional traffic on the on the street. Right now, when I 10 is closed and 90 is backed up, everyone comes to through 23rd. You put extra stuff on that street, we're going to have even more traffic. My kids are grown, but people are moving into our neighborhood. They're bringing, they're raising families in our neighborhood. So, there are kids who are in the neighborhood, who are playing, who are riding their bicycles. We do have to deal with the homeless problem. We do. but to add on to our neighborhood which is a thriving middle class neighborhood to add things like this when there is extra space all around us and all around Bowmont where commercial uh property can be had without bringing into our neighborhood. We're asking that you really consider this you consider us as

your neighbors and you say whether you would want this to be in your neighborhood. We're surrounded by commercial, but we have kept the enclosure of our neighborhood such that we are family. We have Can everybody who lives in the 23rd Street neighborhood stand up for me? And you can see with you risk rescheduling this, we still showed up and we're going to show up. If you look at the voting rates of our neighborhood, we vote 98% in our neighborhood. So, we are giving people to this community and we're asking you to look out for us. Thank you. Thank you, Miss Carrier. There anyone else who would like to speak? Yes, ma'am.

Hello. I am Pame G. Reed, 4515 Roberts Avenue. I come in agreement with everyone that has spoken so eloquently and from the heart. My point is that they came in like thieves in a night and they started cutting down stuff before they even got permits. So I don't trust them. We have worked hard to build our homes and we don't want something coming in that's foreign to us. They could change. Like they said, he he hasn't given anything um concrete to say that, okay, we're going to do this now and then later we may change it. We don't trust you. We don't want you. Period.

Thank you.

Hello. My name is Chris Durio and I'm the uh current councilman for W 4. and your address, please. My address is 800 Main Street. If he's speaking in his capacity as a city council person, then he doesn't have to give an address because it's a joint public hearing. Um, and councilman, I would caution you that uh because this matter hasn't been voted on and it's still going to go to council um to keep your uh questions and statements neutral. I don't have any questions. I just want to say that I think that the people have spoken.

Thank you. Is there anyone else who would like to speak in favor or in opposition? Yes, ma'am. My name is Bonnie Montigue. I am at 1310 Calvin Street. Um, never been to one of these. Um, I just purchased that house a handful of months ago. I looked at 24 different homes looking in Bumont. I finally found a house. 24 homes. It is I've looked at the schools. I've looked at the area for my for kids that I haven't have yet to grow up in this area. It is It's quiet. It's beautiful. It's It's perfect for this whole little Bowmont area. But then you're going to come in and you're going to say you're going to put up warehouses with something hidden in behind that. We don't know what's going to be built after these warehouses are built. We really don't. It's going to be completely open where they can just walk in and build apartment complexes that none of us want. We all know that as soon as you build apartment complexes, not good people come in. I lived in apartment complexes year after year after year and finally have a home in a beautiful neighborhood with beautiful surrounding, trees, everything. There's there's wildlife out there. It's it's gorgeous. It's like every night I have deer and animals come out in the middle of Bulma and I'm right off of College Street. This place is beautiful. It's our home. It's I as soon as if this is approved, I will sell my house immediately. I will not stay there. I won't because you don't know what's going to be brought in. I mean, yes, we have to deal with the homeless people and the flooding, but this type of pe this type of project is going to bring in people walking up and down our on 23rd Street. You don't know

what's going to be brought in. And I understand it's warehouses, but you don't know what's going to be brought in after you build those warehouses. And I'm not trying to say anything negative about your what you're doing, but for us as homeowners, as me who've just searched 24 different homes and I've just been in my house for 4 months, this is going to change everything. I'm going to have to sell my home immediately. I will not stay here. I won't. The the people that are going to be brought here are not. I don't think it's going to be a good thing for this neighborhood. It's a It's a diamond in a rough. No one knows about this neighborhood. It's hidden. It's hidden. No one knows. Like I searched. But thank you.

I I disagree. Yes.

Good afternoon. My name is Rose Shashawn. Uh 4290 Westley Avenue, Bowmont, Texas. I would like to yield my time back to Avis Shashawn if possible. No, ma'am. No. I'm sorry. Just read it. Read it.

Okay. The proposed zoning regulation states multif family should be used as a buffer between commercial and medium density residential development, not single family development. No max height restrictions. No residential proximity slope. It's not working. I'm sorry. What? What's going on? Okay. Our concerns or impact to the neighborhood. Decrease privacy, increased noise, increase property taxes, raising parking concerns, possibility of increased crime, lead to the loss of existing natural natural barriers, increased impous surface flood management. I eliminate migration of sound from noise generators along College Street. Wildlife natural conservation. Okay, that's why I am opposing. Thank you.

Thank you, Mandy. Everett Alfred, 1335 Calvin Street. I agree with everything that they have said. The last lady is my neighbor. It is a diamond in the rough. But I have another concern that haven't been brought up that there's two red lights that blink. If you bring something in there and it increased traffic from college to Washington, there was an incident occurred long before I came. My kids would have been raised there. We've been there 25 years. We just want to make sure you understand it's a family atmosphere where people walk, exercise, enjoy themselves, and it's quiet. We want it to stay that way. We beg of you to consider what everyone has said because it is home to us.

We would appreciate you considering that. Thank you. Thank you. Is there anyone else who has not spoken? Cambridge limits.

So, my name is Sharon Boute Stevens and I live in 4610 Roberts Avenue. And this is very emotional to me because I have lived in this neighborhood since I was 12 years old. And I'm the third generation to buy in this neighborhood. And if you allow this to continue, what's going to happen is someone is going to it's history is going to repeat itself. the incident he spoke about earlier. My neighbor, Mrs. Green, had a child and she was crossing the street to go to her mother's house and she was killed. And this is after they allowed uh O'Reilly's to get there and all the traffic is coming down the street. And so they had the stop signs there, but nobody pays attention. I live on the corner of 46 and Roberts and right next to 23rd Street already by you having the um the the old folks homes they're fine but then when they're come going to O'Reilly's and going to Golden Corral, nobody pays attention to that 30 40 m an hour speed limit. They're driving 100 miles an hour going down the street and there's children all over the neighborhood. seniors walking for their health down the sidewalk. You allow this to be passed, they're not going to listen to you. They're going to put section 8 houses there. And all of the years that we've paid property taxes for generations, our homes are not going to be worth anything. Nothing. And we've given you taxes every year. These taxes are just as high as the West End. And it's just not fair. And I would hope that you have enough God in your heart to have mercy for us and not allow this zoning to be approved.

Thank you.

Hi, I'm Shirley Simon. and I reside at 4810 Cory Street and I have been in a neighborhood my best estimate is at least 45 years old. I mean 45 years. We are a very very I I just can't really there's not a word to really describe us. It's just like it's a niche. Everybody in that neighborhood they look out for each other. And it upsets me to hear that we don't have enough information given to the neighborhood about what this property is going to have on it. And see that pipeline, those pipelines that run through that section. Exon Mobile has two, highly volatile liquids. Sonico has one, uh, Mobile All has two. So, these are all pipelines that are running through that area. So, has that been addressed as how they're going to deal with those pipelines in that area and how it will impact our neighborhood? Also, when I called the zoning number, I found out that the property has already been blocked off. Block 17, block 36. And the parcels have been divided up into 1 2 3 4 5 parcels. And then the tracks are 1 2 3 4 5 6 7 eight tracks. Can the owner please explain to us what that involves? Because you know, you're saying you're using the top left portion of that property for multiple warehouses with

huge square footage, but you're not telling us about the rest of the property. I know if I'm a business owner and I bought property like that, I would have it already mapped out as to what I want to do with that property and how it's going to affect my bottom line. So, is your bottom line don't care about the neighborhood? Is your bottom line um I'm in for the profit? So, explain to me why you already have all these blocks, parcels, and tracks already mapped out. Thank you. Thank you.

Just one moment. My name is Charles Harper. I live at 4415 Courtright. The area that we're speaking of, I've been there 33 years. It's my wife and I dream home. everybody I think sticks together and also it is it's gold to us the area it's a goal it's gold it's in a good uh place for us to be it's happening you know we built in in there and we are happy where we at and to have that changed I mean it was like a disj justice to us because we took all the time settle down where we want to go for something else to come in like that and disrupt our lifestyle. And I'm sure you guys wouldn't want it to happen to you guys. I mean, seriously, I mean, hate to do it that way, but you wouldn't want to happen to you like that. It it just not Angus is not there, but it should it should be better planning. That area is gold to us. It's our palace. It's our getaway. And yes, uh, as far as the other thing that goes on, traffic. Yes, that that that 23rd is not it can't handle that kind of for one thing, it can't handle traffic. Then next thing we're going to have potholes and then it's raggedy. And then of course, you know, when it when the the streets get raggedy, it affects, you know, our vehicles. So we got more troubles, not just the house and the property. Now we got to deal with the roads. So as you say, we family, all of us. All of us here. And that's why we here. So, I hope you we can um not uh not pass it. Thank you.

Thank you. Anyone else who would like to speak in favor or in opposition? Okay. If not, the public hearing is now closed and the applicant has an opportunity to address the issues. So, we've heard the the comments from the public. Uh,

I'd like to start by pointing out that the property is is currently zoned for multif family housing. So, if it was desired, somebody could come in and build an apartment complex. uh today that uh that would be allowed by right once it's permitted through the city. Uh all we're asking is that permission be granted that commercial use be allowed as well. Uh from a a traffic standpoint, both commercial and multif family housing would probably be anticipated to have the same level of traffic generation. commercial would have the benefit of traffic being during uh business hours as opposed to any time of the day if this was an apartment complex. As far as drainage goes, the drainage district was considering the 22 acre detention pond prior to Belellport approaching the district seeking uh understanding of their their uh planning and design requirements. So whether or not any development is done on the property, the district is still interested in constructing a 22 acre detention pond to benefit not just this property but also the surrounding area downstream of that pond. So the areas south of the pond, any permitting requirement would have to still go through the city. So, um, anything within the property still has to be reviewed by the city to ensure that it complies with city requirements. As far as the pipelines crossing the property, we have not approached the pipeline owners. They are very uh stringent about what happens on those rights of ways. If anything, the only thing that would be within those rights of ways would be paving or utilities crossing most likely at a perpendicular

angle. Um, they're very, like I said, they're very stringent. So, uh, all due diligence would be exercised in that area, making sure that none of those pipelines are disturbed. And as far as the parcelization of the track, that was done, if I recall correctly, around 1940 when this area was originally subdivided in the rights of ways of uh Rainbow and um it escapes me the the two streets that were asked to be abandoned. When those rides ways were dedicated, those lots were created at that time. So, the current owner simply purchased the tracks as they're currently situated and did not uh create the underlying parcels. And I I think I've touched on everything that was addressed, but I'd be happy to answer anything else.

Okay. Any questions, Mr. Row? Yes, sir. Would the owner consider a GCMD2 on this? Council council says yes. Yes, that would be a compromise to where they would have to come back with everything they decide to do on it to get approved again. Am I right, Demi? Is that right? Uh GCMD uh two does require a specific use permit for any any new land development. This would be a compromise. It's only an idea. Okay. Any other questions to Mr. Row? Thank you, sir.

Thank you. Okay. Well, we had lengthy conversations and concerns. Do we have a discussion or a motion? I have two quick clarification questions for Demi. Um, when we're looking at our map that looks like this, what is the pink that's across my is that GCMD? Yes, ma'am. To the south, I'm sorry, to the north. This is GCMD. Yeah. And then right here is GCMD2. Okay. And then there's also GCMD below prairie. There there is. Yes.

Okay. And then uh just just to clarify for everybody here. So this is currently zoned um RH which is which allows apartments. It could also allow single family homes. It's just not restricted to single family homes. Correct. That's correct. Okay. Uh it would allow for 29 dwellings uh per per acre up to. So depending on how much acreage there is is 46. I'm not good at math on the fly, but um that's about 46 * 29 is about how many uh dwelling units they could have on that area if it were to be developed as an apartment complex. Okay, one more question. Sure.

Would it be appropriate in this particular hearing to recommend to be approved as a GCMD2 or would they have to come back? They need to come back. It would yeah um they need to come back. It wasn't po it wasn't posted that way. So proper notice and the the individuals here came to speak on that one. So in order for to do to do your recommendation commissioner you would have to either table and ask it to be br with the consideration as a GC and D2 which would allow the notices to be sent out and get proper notice to the residents there to see if they were in favor in opposition. We ready for a motion?

Okay. Are we ready for motions? We are waiting for a motion. I uh make a motion that we table it. Uh and hopefully they'll come back with a GCMD2. Tabled to the next meeting or tabled in to when? I'm sorry, ma'am. So, are you tableabling it into the next meeting or just I'm tableing until they make a decision of what they would want to do?

No. So, so when you table it, you have to table it with with with a purpose or instruction. So, if the the applicant didn't say that that was something that they wanted to consider, um, so they would obviously have to apply. Otherwise, you'd have to consider because they cannot bring it back and it be tabled indefinitely, right? Um, so you kind of have to give instructions. Suppose we table it and the applicant come back with AGCMD two application. Ask a question. Would if that were the case, would he have to come back and pay the fi the fee again to do all that if it's tabled? And he modified

modified at least the at least the publication fee because that is a cost to the taxpayer. So that would need to be recouped. So you can amend his application, but the uh publication fee would still be applied.

Okay. I I would just like to say that I appreciate all all of the concerned citizens and I want you to know that I hear your concerns and I share your concerns and um I do agree. I wouldn't want this happening in my neighborhood. And um I just want you to know that I hear I hear you and I appreciate all of you taking the time today to come out and to represent your neighborhood very well. I'd like to make a motion to deny. Okay. So, do we have formal motion? I second.

Wait a wait a second. Did you make a formal motion, Ben? it acceptable legally. I mean what you would have to say the current motion on the table or current motion is to table. So you would have to assert or y'all would have to assert which way you want to go and then after that um the motion and shay please clarify me if if I'm or check me if I'm wrong on that. Yeah. So so you need to clarify. The only thing you have to do commissioner is say when you want it back. So you can say you want it, you want to see it come back for the next meeting which gives the applicant modify that to come back the next meeting. Deny this, right? So he put a motion to table and they wanted to come back with a motion to deny.

So here's the thing. A motion to table requires a second and a vote. If it fails for lack of second, then the the chair can call for another motion to do that. But the the motion that's on the floor right now is to table until the next meeting. The commission has to vote on that motion. Do we have I believe it I'm not sure if it received a second. Yes. So we have a motion on the floor to table it. Do we have a second? None. So that motion is denied. Then we have another motion to deny. And I'll second. We have a motion to deny and a second. Any discussion? All in favor say I. I. Any oppose? No.

Motion to nai is approved. Move on to PZ 2026-5. Ladies and gentlemen, excuse me. Can you please exit? The meeting is still going on. We ask that you exit quietly to not disrupt the meeting. The meeting is still in effect. So, we ask if you're going to exit to exit quietly. Thank you. Okay. PZ 2026-5 staff. One moment. Just letting the crowd clear out. We're going to let him go.

Okay. PZ2026-5 is a request for an approval for an SUP to allow a nail salon within the GCMD2 district. This is located at 4515 North Major Drive. Uh for all new uh proposed land uses, a SUP is required in this zoning district. Uh this MA bar will specialize in manicures, pedicures, gel and acrylic nails, nail art, and basic spa services. and the salon will operate Monday through Saturday 9:00 a.m. to 7:00 p.m. and Sunday 10:00 a.m. to 3:00 p.m. Staff recommends approval of the request with the following conditions. Number one, shall obtain all applicable permits and inspections through bu the building codes department. And number two, construction plans must meet all requirements by water utilities for water and sanitary sewer services, including in requirements including requirements of the city's backflow pre-treatment and/or fog program. Staff sent nine property owner notices. We received zero in favor and zero in opposition. The area outlined in red is the area under review. This is an aerial image. Uh this one is a little bit out of date because there is some development that has occurred here. Um as far as a strip center, this is the site plan subject property. Again, they want to um go into one of these units. Subject property continued. Subject in west properties to the north, to the east, and to the south. And I believe we have the applicants present. Okay. Any questions of staff? Okay. Is the applicant in the audience?

Yes, ma'am. If you'll come forward and give us your name and address, please. Yes, ma'am.

My name is Jacqueline McDonald and I would represent for her. She is the one that's waiting to for That's okay. What is your address, please? 5185 Ada Street. Thank you. Okay. Do you have any additional information you'd like to share with us? Uh, not really. All we pay most of everything. Just waiting for their permits to be approved. Okay. And she agrees with the two conditions that were listed. Yes. Okay. Any questions? Thank you. Thank you.

Okay. The public hearing is now open. Is there anyone who would like to speak in favor or in opposition? None heard. Public hearing is now closed. Do we have a motion or discussion?

Okay, we have a with the condition. Okay, I second it. I have a motion to approve in a second. All in favor say I. I.

Any in opposition? Motion carries. Thank you. 2026-9. Daniel Dodson of Fitz and Shipman is requesting approval of a reszoning from residential single family dwelling district and GCMD multiple family dwelling district to a light industrial zoning district for the properties located at 7385 and 7495 FET road. The intent of the reszoning is to allow for a proposed warehouse storage facility with a layown yard. According to the comprehensive plan of Bulmont, the property is located within a light industrial area. So this request does align with the current comprehensive plan. It should be noted that a portion of the property is within the special flood hazard area and any construction will need to be in strict compliance with the city's adopted flood damage and prevention ordinances. Planning recommends approval of the request. We did send nine property owner notices. We received zero in favor and zero in opposition. The area outlined in red on the screen is the area under review. You can see the two different zoning districts of residential single family and also GCMD. This is an aerial image. This is the subject property. Subject property continued. You can see some of that area. Um the dirt is disturbed. They did obtain a demo and grading permit to remove the residential structure that was there. Properties to the north, east, west, and south. And I believe the applicant is present.

Okay. Any questions of staff? I have a question. Um, is there LII close to this across the street or something? Our map doesn't show us. Yes, ma'am. Let me go back. Yes. Directly uh to the north uh northeast. So across. Oh, here I can I can take it with my my mouse. Right here. All of this gray area that's all uh light industrial. Okay. Okay. So, we're not putting something random here that No. And this is the city limit line right here. Okay. All right. Thank you. Okay. And the applicants in the audience. Yes, sir.

Daniel Dodson with Fitz and Shipment Engineers, 1405 Cornerstone Court, Bmont. Uh, don't really have anything to add. I think she covered it very well. Okay. But I have any questions? If y'all have any questions, I'd be like to answer. Any questions of the applicant? Okay. Thank you. Thanks. Is there anyone who would like to speak in favor or in opposition?

Hi, Sam. Parici 445 North 14th Street. Caddyy quarter from that point right there at the corner of Flint and Major Drive or Finet Road I mean and Major Drive we have 177 acre industrial park right there and that is all industrial development right there. This is perfect for what we're what you're trying to do. Dr. pepperons adjacent there and I would imagine that they wouldn't mind reszoning theirs industrial also. But if you look across the street, all of the stuff that Felins put in along Major Drive is all industrial. That travel trailer park is industrial and I think it fits perfect with what the city of Bowman's trying to do.

Thank you. Is there anyone else who would like to speak in favor or in opposition? None heard. Public hearing is now closed. Do we have a motion or discussion? I move we approve as presented. Second. Okay, we have a motion to approve and a second. All in favor say I. I. Any opposed? Motion carries. Thank you. The meeting is ajourned. What do you think? They can appeal. from us.