Planning Commission - Regular Meeting

see is not coming today. Ready? Okay. U may we have the roll call, please? Nad absent. Commissioner Batty present. Commissioner Jabar present. Commissioner Jabia present. Commissioner Javeed here. Commissioner Linton here. Commissioner Little is absent. Acting Chair Makin here, Commissioner Sineagar is absent. Alternate Commissioner Dixon here. Alternate Commissioner Sell here. Thank you.

Okay. Thank you. Okay. Has everyone had an opportunity to review the minutes if there's any changes or motion? So, move for approval. So, we have a motion to approve. Is there a second? Okay. Motion to approve and second. All in favor say I. I. Oppose. None. Okay. All right. We're going to start with um PZ 20225-226. Staff report, please.

Good afternoon. Access Surveyors is seeking approval for a replad of lot 16, block 19, Gulf Terrace Edition, Bumont, Jefferson County, Texas, into lot 16A and 16B, Block 19, Gulf Terrace Edition, Bulmont, Jefferson County, Texas. The intent of the plat is to divide one lot into two for residential development. Staff sent 31 property owner notices and we received zero in favor and one in opposition. opposition say stating the lot is not big enough and I've maintained it for 25 years. The area on outlined in red on the screen is the area under review and again this is taking one lot into two. Um on this let me get my mouse over here on this the area that was in opposition was this one. Um it's possible he was talking or the individual was talking about this lot. Um but hopefully they came today to um to set the record straight on it. Okay,

this is an aerial image and this is the plat and I believe we have Colobby Anderson present. Okay, any questions of staff? Thank you. Is the applicant in the audience? Yes, sir. If you'll give us your name and address. Good afternoon. My name is Colobby Bracken with Access Surveyors. We're located at 11025 Oldv Road here in Bumont, Texas. Is there anything additional you'd like to add to this? I guess with the opposition, um, the lots are a minimum of 50 feet wide, so they do meet the city, uh, minimum standards for, uh, residential single family dwelling. Okay.

I do want to apologize for saying the wrong last name. That was an engineer that works for us. Uh, this is Colobby Bracken, right? I just got that. Okay. Any questions of him? Thank you, Colobby. You're very welcome. Thank you. Okay. Uh, public hearing is now open. Is there anyone who would like to speak in favor or opposition? Okay. None is heard. Public hearing is now closed. Is there a discussion or a motion? I'll move to approve PZ 20225-226. A second. Okay, we've got a motion and a second. All in favor say I. I.

Any opposition? No. Okay, motion carries. Thank you. Okay, mayor, your turn. 3:15. You're right. We got through in a hurry.

Okay, Mr. Mayor, it's 3:15. Yes. May we have roll call, please? Mayor West. Mayor Pro Tim Turner is absent. Council member Krenshaw. Council member Durio. Council member Hillyard. Council member Sherwood.

Council member Williams is absent. Thank you. the city.

Okay. Thank you, mayor. Okay. We're going to start with file PZ 20225-229. May we have the staff report, please? Good afternoon. Justin Brousard requests approval of a reszoning from residential single family to light industrial for the property located at 6187 Finet Road. The intent of the resoning is to consider other industrial or commercial development opportunities with the potential to expand an RV park. According to the comprehensive plan of Bumont, the property is located within a contemporary neighborhood design concept area. The proposed resoning does not align with the comprehensive plan. Staff discussed this resoning with the applicant a couple weeks ago and at that time he was uncertain of his development plan due to the uncertainty of the development plan, the existing surrounding zoning district and the comprehensive plan designation. Planning recommends denial of this request. Staff did send eight property owner notices and we did not receive any in favor or opposition. Um the area outlined in red on the screen is the area for the reszoning. You can see that that area is currently designated in the yellow which is RS. Um they would like for it to be light industrial aerial image subject property in west to the west north east and south. I don't believe that the applicant is here, but I do believe that there is a representative present.

Okay. Thank you. Any questions of staff? Can you go back to the map? The aerial. Is that a uh another RV park or trailer park across? I believe so. Yes. All righty. And I believe um this area, let me bring the mouse over. There it is. I believe this area received a specific use permit. Um, I can't recall the year, uh, but it was to, uh, build an RV park there. Um, however, that's not happened at this point. Oh, it was renewed last year. Okay. Any other questions, staff? Thank you. Um, is the representative for the applicant in the audience?

Yes, sir. If you'll give us your name and address, please. Jonathan Hart, 2206 Nantucket Drive, Houston, Texas 77057. Okay. Mr. Hart, is there any additional information you would like to add? Mhm.

Just a little context. The RV park is no longer likely to happen. That had been a project that my partner was doing with his father. Um, his father has unfortunately since passed away. And so that is why about a year ago they put the brakes on that project. Have since not moved forward. I am partnering with him to find a developer in order to find the highest and best use for the property and find a takeout for him. When we've analyzed this property, the 7 acres is currently zoned for light industrial. So we're working with a team of brokers to find a developer for that seven acres. The question is, can we include the three acres in this project? Because right now, if we do develop the seven acres, the three acres cannot be included because the zoning classification and will essentially be useless for the process of development. And then also once the 7 acres is zoned, it's no longer an optimal residential tract. And so what we are trying to do is reszone the three acres so we can include it in the 7acre development, potentially increase economic development in the property value and move forward with the project with the 10 acres completely zoned

for light industrial. So you want it to be light industrial or you want it residential? No, we want it to be light industrial. We're developing the seven acres for permitted use for the light industrial, but he also owns three acres next to it. So we would like to develop the entire 10 acres to the light industrial use. I have a question. My question is uh back to Demi. In your previous uh this property that's next to it that's in the gray that's already light industrial.

Yes, it was reszoned a few years ago. I don't have the exact date, but it was reszoned a few years ago and then most recently it got a specific use permit for an RV park. Um, but it's not taken off as he said. Um, it's not taken off. So, they're wanting to include I'm assuming that y'all own this acreage or the three acreage. They're wanting to include that. Um, the only a big hesitation is obviously the zoning district around it from a planning standpoint. Um the zoning district around it is entirely a single family aside from across the way for Ford Park. Um also the comprehensive plan doesn't align with it. Um once you reszone to light industrial, there's certain uses that can go there. Um you know, it could be an RV park or it could be a um industrial plant. It's it is zoned as light industrial. So that's just things to consider. Once you reszone a property, um it it's tough to um it's tough to know exactly what's going to go in there, whether there's intent or not, because there's certain things that um do come up that would stall um certain developments a lot like what um I I'm sorry, Mr. Hartman. A lot like what Mr. Hartman said. Um

so is that a residential home right next door to it? It is. Is someone currently living there? My partner has said it is vacant. I've driven past it. It looks to be vacant.

Either way, it's still a residential single family home. However, it it's something to consider all these things. Um, and so we didn't get any um in favor or opposition. I did expect some opposition. Um, but we didn't receive any. And our intent here is, you know, given the baseball fields, Dog at Family Stadium right down the road and the RV park, our intent is to do some sort of small light commercial, whether that's maybe a gas station, some sort of food um area where these people, you know, during the sports venues can visit, and if not, to do some sort of light industrial that's consistent with, you know, the considerable industrial that is just um west down the road. When do y'all plan to have a plan for what you're actually going to do with it?

So, we're working with a brokerage team right now out um based in Houston to identify developers. The you know roadblock for us is we don't know can we market this as 7 acres right off of you know 3,000 ft off of the interstate that can be developed or can we market it as 10 acres. So, uh, we have waited to actually go to market with the proposal to find developers until we gain clarity on how much we can actually market as light industrial that can be developed. Hey, Demi, I have a question for you. So, the one the acreage next door, is it he can only make an RV park on that with the current setup?

No. Um, with the acreage, are you talking about one the one to the north that's already zoned as light industrial? It's opened up quite a bit of uses that can already be there by right.

Gotcha. And that and that is our purpose is you know we are going to aim to develop the seven acres. So if we don't include the three acres he owns a residential track next to his you know industrial commercial development. Maybe he sells it to a residential user down the line that's going to want to build a house on it but it becomes less optimal for residential use once we develop that 7 acres. If we can include the three acres in the seven acre development now it can increase in property value because we can develop the whole thing. we can potentially increase the scope of developers that we can market to. Have you spoken to the homeowner who is right next door to the property? No. When I spoke with Justin about this, he said it was vacant. He said he's But you don't haven't spoken to the owner of the property?

We haven't. No. Okay. Okay. Any other questions of Mr. Hart? Okay. Thank you, sir. Thank you. Okay. It's now open for a public hearing. Is there anyone who would like to speak in favor or opposition? I'm sorry. Okay. None heard. Public hearing is now closed. Do we have a discussion or a motion? I have a motion to um uh what's the word? to table it until they have a more comprehensive plan of what they want to do with the um whole uh three acres plus the six.

So, okay, we have a motion at the table and a second. Do you have a timeline of when you'd like to see this case back? within 120 days I would say because if they're doing a whole IMST report and everything you want to give them time to actually come up with a plan and a concept. So 120 days I think is capable of that. Okay. Can I can we write it as four months or five months rather than one just just so instead of days? Yeah. Yeah. Okay. Do you want to add that to your motion? Yes. I think I'm going to wait for him to get back in so he can

Oh yeah. Okay. Okay. You want to revise your motion? Yes. Okay. So, I'm revising the motion for to table this for a fivemon period for him to come with a more comprehensive plan for what he wants to do with the this property. Second. Okay. So, we have a miss a motion to table for five months and a second. All in favor say I. I. Any opposed? Motion carries for us to table that.

Okay. File PZ 20225-237. Nadia Morphin requests a specific use permit to allow a liquor store at 4515 North Major Drive. The GCMD2 zoning district requires a specific use permit for all new proposed land uses. The store will sell a variety of alsers, and other retail products. Planning staff recommends approval of the request with the following conditions. Number one, shall comply with all building and fire codes. Staff did send 17 property owner notices. We received zero in favor and one in opposition. Opposition simply stated no. Um, however, that opposition represented uh 20.9% of the portion of the surrounding land within 200 ft of the proposal. Uh therefore that when the time comes for this to go to city council, it's going to require a three4s uh vote of all the city members of or of all the council members um for it to pass. So 34s is 5.25. So um of the seven so at least six members have to affirm it. Um the area outlined in red is the area under review. aerial image. This is the site plan and the area outlined in red. That's the suite where the liquor store is requesting to be. This is the subject property. continued subject in west, to the north, to the east, and to the south. And I believe we have the applicant present.

Okay. the building it's going to the suite is in is that the only one that's vacant or I believe that's our first application for this um this store or this strip center so it's not completely seeded out or finished yet um so it will need to have a CO before they can occupy. Got it. Okay. Any questions the staff? Okay. Is the applicant in the audience? Yes ma'am. If you'll give us your name and address please. My name is uh Nadia Figureroa. My address is 2817 Windsor Lane, Portes, Texas 77651. Okay. Is there any additional information you'd like to add?

Um I think she she has provided the majority of information, but I I will um would like to say that um what I am providing everything is to go. I don't have anything in the facility that's going to be in the facility. Nothing is conception or anything else. It's just a to- go liquor store and I am on the unit A which is I'm facing the left right now. So on the left which is the first unit that you see on that building. It is currently vacant. Um there is another pending business on the right hand side but at the moment um I would uh start as an empty facility. It is empty. Do you have any other um experience in this business?

Um I currently own another business. Um, I currently own Spoon It in Bowmont. It's a frozen yogurt factory. It's a little bit different. I have owned other businesses in the past, uh, food related. Okay. Any other questions of the applicant? Thank you. No problem. I'm sorry, one one more question. Did you plan to put uh security cameras or anything? Uh, yes. The um I have already requested that with the property owner but there he is providing some security cameras and I will be providing all the interior and he will do all the exterior. Okay. And one more question.

Yes ma'am. Have you is it already currently leased to you or you're waiting for decision from this group? No, I have already signed a lease uh over it's been I think over two months. Okay. All right. Thank you. Thank you. Okay, public hearing is now open. Is there anyone who would like to speak in favor or opposition? Yes, sir. If you'll come forward and give us your name and address.

Hi. How are you? I'm Dylan Richardson. I'm at 4575 North Major Drive. So, I'm at the Blue and Stone apartment. Richardson, what's your address again, sir? 4575 North Major Drive. So, it's these Blue and Stone apartments right here in that picture.

Uh, the speed of traffic on Major isn't conducive to retail. It It doesn't really make sense. So, like if you go to like Mont Belleview, they're very particular about the positioning of liquor retail stores in their community. And so, I'm really kind of just reaching out to implore y'all to be mindful about where we're putting liquor stores. There's a liquor store at every major artery on major drive 105 folus feel wen to put one on major drive where the speed of traffic is relatively high it it doesn't make much sense. It's just not a good market for it. And when are we going to become a city that really prioritizes like effective employment development as opposed to just liquor retail just nail salons, donut shops, just the typical things that go on Major Drive?

Okay. Any questions of this gentleman? Thank you, sir. Rebuttal. Okay. Miss Richardson, there's been some opposition. Would you like to come up and address that? I mean Miss Figureroa sorry.

So I am aware of his concern that you know it is an area of development. Um at the moment I am aware that there is a corner store already previously across the street and other developments um that are currently pending for similar businesses and um I so my purpose for this business is not you know I have no control uh over the traffic obviously what he did state um you know my goal and operation is to manage just a togo only liquor store fully compliance of the city state and TABC regulations. I have no intention of creating any nuisance disturbance to the community. I will maintain a clean, safe and well monitored store. I am committed to being a responsible business owner and to add rather, you know, value than anything else to this community. Um, and that's my sole purpose. I also will be staffing the facility. So, I am trying to bring, you know, employment and income to the area. I am just wanting to improve the area and the development.

Okay. Thank you. Thank you. I'm sure traffic has already looked at this as an issue, correct? Engineering's reviewed. Yes. Yes. Okay. Okay. Um I do have one question. Yes.

So, you sent out 17 property owners. Uh so, do y'all get any What's the response on that? How many in favor and how many? uh zero in favor and one in opposition. Um opposition was the apartment complex across the road. Um and so because of how large that area is um and these are large tracks. I can go back to this aerial image and probably give you Oh, I'm sorry. So you can see how large those tracks are surrounding it. Um so across the way to the west, that's the one that was in opposition. And because of that, um, it kicks in the 20% rule, which just means that council, if they want to have this, will have to do a supermajority vote.

Okay. Thank you. Okay. Um, if there's no other opposition or in favor, the public hearing is now closed. Do we have a motion or discussion? I move for approval. Second. Okay, we have a motion to approve and a second. All in favor say I. Real quick, is that with the conditions? I'm sorry. Yes, with one condition. Got it. Okay. All in favor say I. I. I. Any in opposition? No. One. No. No.

Okay. Let's do a You want to do a hand vote, Susan? Yeah. Okay. Everyone in favor of approving file 2025-237, hold up your hand. Okay. Those in opposition, I think. Yeah, we have an alternate. We have three and three. One of the alternate I think has a vote. We have an alternate member present. Um, Mr. Serell. Um, and how would you vote?

We have two alternates, right? Yeah. Or it. Okay. And our against it. Yes. So we Yeah. me. So, you're in opposition. So, we have four and four. Yeah.

Okay. Is there a discussion that we need to go over? Anyone want to change their mind? Okay. Staff, what do we do now? So, city attorney, let me know if I'm wrong on this. Um, so we can present it in the council me or the council memo that, you know, four were in favor, four were in opposition and then ultimately as this is a recommendation to council. Um, so we can put that as the recommendation to them.

Let them make a decision. Great. Okay. And that's the end of that, mayor. Thank you. Thank you so much. Thank you. Guess to know why they didn't want it. What's up with that?