Planning Commission - Regular Meeting

commission meeting. May we have the roll call, please? Um, Chair Min here. Commissioner Batty present. Commissioner Jabar present. Commissioner Javeed here. Commissioner Linton here. Commissioner Little here. Commissioner Mason here. Commissioner Sonier present. And Commissioner Templeton. Thank you. Thank you. Okay. You've all had an opportunity to review the minutes of the last meeting. Is there questions, clarifications, or motion? Motion to approve. Second. Okay, we have a motion to approve and a second. All in favor say I. I.

Any oppose? No. Okay, we're going to start with our meeting. Okay. Uh staff, we're starting with uh row PZ 20225-245 and I understand that's been tabled uh so they can look into other options. Is that correct? Yes, ma'am. Uh requested by the applicant to table. Okay. Thank you. So, we're moving on to PZ 20225- Whoops. 377.

Good afternoon. Salmanson of Windrose Land Surveying and is seeking approval of a replat of lot 30 block 16 West Oakland edition and lot 4 track 1 block 2 CE Smith edition and of lots 11 121 13 block two of the Bumont Citrus Fruit Gardens edition Bumont Jefferson County Texas into lots 1 through 4 block one United subdivision Bowmont Jefferson County Texas containing 33.07 07 acres more or less. The intent of the plat is to divide the land into four lots for future commercial development. Staff recommends approval of the request with the following conditions. Number one, shall add the addresses provided by the Southeast Texas Regional Planning Commission to the plat prior to final recordation. Number two, shall add the location of flood zones for all areas to the plat prior to final recordation. And number three, the access easement instrument shall be recorded on the plat. staff did send 22 property owner notices. We received zero in favor and zero in opposition. The area outlined in red on his screen is the area um under review. This is an aerial image and this is the plat. And we do have the applicant present. Any questions of staff? Okay. If the applicants in the audience, if you'll please come forward and give us your name and address. Hi all. I'm here on behalf of Mary Salmonson. My name is Nikki Richards. I work for Kimley Horn, which is a civil engineering firm for this property. And um sorry, what else did you need?

Okay. Are there is there any additional information you'd like to share with us? No, I do not need to speak on behalf of the plat, but if y'all have any questions, I can for sure answer. Okay. Any questions of Miss Richards? None. 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. Oh, yes sir. If you'll come forward and give us your name and address, please. Yes. My name is Mark. Wait. Come to the speaker so we can hear you.

My name is Mark Gonaring. I am council for Mason Construction. We are one of the 22 applicant. one of the 22 notices. Uh we did not get a lot of information or a lot of time on the notice, so we're playing catch-up a little bit. Uh we'd like to know if there's any more information available to us to make a determination whether or not we want to support or oppose. Okay.

Uh is that possible? Uh at a 33 acre development, our notice basically stated that there was a 33 acre development happening behind us. Uh we don't take any issue with development. Uh we do have concerns about flood plane and about proper drainage. It seems like every time somebody builds something behind us or around us, they go up and it traps water. Uh and that is a real viable concern for us. Um beyond that, we we harbor no uh we have no opposition to the issue other than proper drainage. Okay, one moment. Is there any questions of him? I have one question. Where is your drainage right now?

Our drainage our drainage moves off the front of the lot toward Walden Road in half and the other half goes off the back of the lot. So if somebody were to come in behind us and build it, it almost certainly would create an issue. But is the back of your lot draining across somebody else's property now? It does. It drains across the area to be re reszoned, replotted. Thank you. Any other questions? Thank you, sir. Thank you. Is that it? Is there anyone else who would like to speak in favor or opposition? None heard. Miss Richard, you've had some questions. Would you come forward and get those answered, please?

Um, we are currently working with the drainage district 6 to ensure that all of their concerns are addressed. Um, we are aware of the drainage that comes across our site. We're working with them in their exact models that they are producing right now to ensure that we are providing the mitigation that they are asking for and requesting and we're in constant contact with them to um engineer this properly and not um disrupt any of our neighbors. Okay. Any questions of Miss Richards? Thank you. Cool. Thank you. Okay. The public hearing is now closed. Is there a motion or discussion?

A motion to approve with the three conditions. Approve. Second. So, we have a motion to approve in a second. All in favor say I. I. Any in opposition? Okay. Motion carries. Thank you. Okay, mayor. We're turning it over to you. Got to wait till 3:15. Oh, you're got about nine minutes. That's right. I love when they do that. I love when they know. So proud.

Are you okay? What's Regal the distribution thing. So that 207

basically they just Amen.

Welcome everyone.

Mayor West present. Mayor Pro Tim Turner absent. Council member Krenshaw here. Council member Durio here. Council member Hillyard here. Council member Sherwood absent. Council member Williams here. Thank you. public hearing.

Thank you. Okay. Okay. Staff, we're going to PZ 20225-345.

Yes, ma'am. Good afternoon, Commission Council. Mr. Wind requests a specific use permit to allow Washeteria to be located at 4515 North Major Drive suite A and B. The GCMD2 zoning district requires a specific use permit for all new proposed land uses. Major Mojo Washeteria will offer a 247 self-service washing and drying machines with folding tables, vending machines, free Wi-Fi access, and a lounge area. Planning staff recommends approval of the request with the following conditions. number one shall comply with all applicable building and fire codes. And number two, construction plans must meet all requirements by water utilities for water and sanitary sewer services, including and including requirements of the city's backflow pre-treatment and/or fog program. Staff did send nine property owner notices. We received zero in favor and zero in opposition. The area in red on the screen is the area under review. This is an aerial image zooming into it. This is the site plan. This is the subject property. Subject property. Subject in west to the north. To the east, believe those are apartments behind those trees. and to the south.

And we do have the applicants present. Okay. Thank you. Any questions of staff? Can you go back to the uh the site plan? How many parking spots are there? approximately 30. All right. Thank you. Okay. Any other questions of staff? Thank you. Okay. And is the applicant in the audience? Yes, sir. If you'll give us your name and address, please.

Um, my name is Hungin. Address is 4515 North Major Drive. Okay. Do you have additional information you want to share with us? Uh, no ma'am at this time. No. Okay. Um, I have a couple of questions. Uh, this says it's a 24 seven days a week, correct? Yes, ma'am. Um, do you have security on site? Uh, we'll be having security cameras and efficient lightings. Okay. Is there going to be any staff on site? And how many and what are their hours? We try to keep them like, you know, around the clock. We have a night shift and a day shift so they won't get worn out.

Okay. Are you guys operating one currently right now? Sir, are you operating a washer like this currently anywhere else? No, this is our first uh business venture and it'll be the only one. Okay. Any other questions? Thank you, sir. Thank you.

Okay. The public hearing is now open. We do have a three minute time period for each speaker. So, I know there's a large group of you. If you have one or two people or three who are going to be saying the same thing that will represent you, that would be efficient. Okay. So, is there anyone who would like to speak in favor or in opposition? Please come forward and give us your name and address. I believe there are people for the next one.

Okay. All right. None heard. Public hearing is now closed. Do I hear a motion or questions? Motion to approve with two conditions. Second. Second. So, we have a motion to approve and a second. All in favor say I. I.

Any in opposition? Motion carries. Thank you. We're going to PZ 20225-374. Abdala Ataya is requesting approval of a reszoning from RS residential single family dwelling district to GCMD general commercial multif family dwelling or a more restrictive zoning district for the property located at 7 7085 highway 105 including lots immediately to the west and two lots to the east. According to the comprehensive plan of Bowmont, the property is located within a contemporary neighborhood design concept area which allows for a diversity of housing types and convenient access to parks, schools, and shopping centers while still protecting single family residential areas from intrusion of incompatible land uses and vehicular traffic. A shopping center development along this corridor is appropriate considering its proximity to Major Drive and Highway 105. and the request aligns with the comprehensive plan of Bowmont. As such, staff recommends approval of the request. We did send 14 property owner notices and we received um zero in favor and two in opposition at this time. However, I do think that there are several citizens that are here to speak on this item. Um I do want to put I do want to note in the staff memo that went out, it said that 24 uh notices were mailed. That number is supposed to be 14. So, I'd like the record to reflect that.

So, there two that are in opposition. There's two formally. Uh, there were a lot of cop there were copies made. Um, so we're going to have to go through this. If it turns into um enough petitions filed where it's 20% of the land surrounding that property that are in um opposition, then when it goes to council for final approval, they will need a three-force vote for it to pass. Um, so that's what we're going to if anyone has um those letters, they need to turn those in now. Um, thank you.

Yeah. Um, the area outlined in red is the area under review. So, we kind of zoomed out to show a little bit more. So, you see Highway 105, um, North Major Drive right there. Aerial image. This is a subject property and south. Uh it appears grading occurred without a grading permit. Um so they're going to need to uh make that uh correct and I would like for that to be a condition with the reasonzoning property to the north to the west. That's a uh that's the blue lakes estate subdivision. That's a residential subdivision back there. Just um it was an awkward angle to take the the photo off uh Highway 105. East and I believe we have the applicant present.

Okay. Thank you. Any questions of staff? Was there any comments on those u oppositions? Yes, sir.

105 at RFD already has multiple traffic accidents. Uh no traffic lights. This would interfere dayto day with the daytoday of this community. um protect property values. Sorry, it's kind of hard to read. Um I believe they're here as well to speak on it. Uh could negatively impact wildlife and the Lake Spring drainage. I'm highly against trees being cut along the waterfront. Also, disturbing this unique bow sanctuary with commercial public structure is unacceptable. Uh, they do not want a gas station or commercial project.

All right. Thank you. Any other questions of staff? Thank you. If the applicant in the audience, uh, if you'll come forward and give us your name and address, please.

How you doing everyone? My name is Abdelatia. Um, I purchased this property a few years ago, part of it. And uh I come to ask before I come to ask I try to I'm a home builder involvement here and I try to do something with it to benefit me. It's not good for to be a house there because it's if I build to if I separate it be four five houses and it's going to be each one has his own enter. It's going to be it's not movable. It's not looks for a house on the on the front on the freeway. And I decide come here that couple years ago to take permit say you can't you got to ask permit for the next to you on the left and on the right and I did take the permit from the left side on the left on the right side they asked me we're not going to give you I'm not really care I got sell it to you I bought it for that reason so I have more space of property and after I have it and I got it mostly clean it's I come back here and I ask for to be a business small business like I mean couple of stores it's not I don't really I don't know what but it's not going to be good for for houses that's why I I did shop around and ask for a permit for it. I don't know what's my even in the future if I any design I'm going to come up with I got to come here with a blueprint to have a permit like I have is like easement to go back and forth lift I'm just see my chance here.

Okay. Do you own the whole property or just the right portion? Yeah, I do. All the way to the back. Uh from the corner from the water I really don't. This is the guy. He has the I have a his signature permission. He's he waiting for the the same thing to happen. Okay. Any questions of the applicant? Sean, did you have something? Okay. Thank you, sir. You're welcome. Can I mention something? Yes.

Uh, anywhere in Bowmont, anywhere we go, it's just the subdivision in the back and have no access, no road in the back. It's only from the front to that property. And we are far away from the neighbors. And anything is going to be addressed, any building going to be there is going to be fenced and landscaping. That's it. It's a question for him. How how deep is the property? 280 wide. W Okay. And 103 deep.

Okay. and listening to uh what I'm understanding is that the congestion of going in and out um and I see you're right there in front of that going into that next subdivision. Um cuz I know standing driving out of there a lot of times that the hill kind of shadows the cars coming off of 105 from the freeway. is very clear is if you look at the across the street from it has a enter just look like it has a enter in and out to that

subdivision and the new apartments just cross the street to it and me I have one driveway now wide anything I'm going to come up with that is going to be enter for the property in and out okay

I I was just u thinking um whatever you consider to put there if it's going to be a lot of traffic or few traffic depending on what type of business um for that area. Uh just a consideration. Yes, I'm sure anywhere like when we drive, we go to gas station to B gas, it's always a traffic anywhere you go, it's always enter. Everybody has to watch wherever you go. It don't matter. It's just Bmont is getting busy anyway.

And right now, go gas or go McDonald go anywhere. You have to go enter from freeway to the building. And then when you get out of the building, you face the same way. It's not just this piece. Okay. Thank you. We're going to see if uh there's going to be some other citizens who would like to speak. You'll have an opportunity to come back and answer their questions. Thank you. Thank you. Okay. The public hearing is now open. Do we have anyone who would like to speak in favor or in opposition?

Yes, ma'am. And the comments are time for three minutes. Okay. My name is Francis Mau. I live at 7195 Clay Circle. Okay. My property backyard faces a 20 acre artisian private lake. I have paperwork with the Bulmont Police Department to call people cuz we have a lot of trespassers coming from the apartments across the street. Okay. And the crew that's been cleaning over here, they're using the street in front of my house to dump their pile of of trash and everything in front. They travel up and down that road and it's a deadend road. And the traffic in 105 since they've opened the apartments has tripled. The traffic is already congested and turning into scenic drive is difficult and dangerous. And I have some pictures that show before and after. If I can pass them to y'all.

Sure. The first the picture cut down. That is a house. And can you go back to the speaker, please, ma'am? I'm sorry. Thank you. The first is what it looked like before they started clearing it. The second one is what the house is. And uh the last one shows the house that's next to me and that's me standing at the lake looking where they're clearing. And uh we're a small neighborhood and we'd like to keep it that way. Yes, ma'am. Thank you.

Thank you. Okay. Is there anyone else who would like to speak in favor or in opposition? Yes, sir. May we get your name and address? Uh I'm Danny Phillips. Uh I live at 7190 Clay Circle. Okay. Um

the biggest problem that you have, I don't know if y'all can tell, but that RFD Road comes in directly across from the area that's highlighted red. Scenic Drive, which is the the only entrance to Blue Lake Estate, comes in on the left side of where it's highlighted red. There's a brand new apartment complex that the entrance to that is directly across from Scenic. So, there's about a 200 foot middle lane for everybody to try to get into Scenic Drive. Everybody who tries to come into our edition, we can't get in there. I challenge anybody to go down there between four and six o'clock every day of the week and try to get to our houses. It's a nightmare already. I don't know what the gentleman's planning on doing with that area, but whatever he does is going to cause more traffic there. It's going to cause a huge problem. That canal there, it's definitely 10 ft elevation difference between there and uh 105. So when you come over that canal, you can't see anything, okay? Till you get to the top of that uh that canal bridge, traffic accidents all the time. Y'all can y'all can look up the records and see how many accidents and deaths have been right there at that intersection. Adding something else right there is absurd. I mean, there there's no way we can't get into our houses now because of all the apartments around there. From what I from my paperwork, it said at a multi- family dwelling or whatever. That sounds like more apartments to me. We don't need apartments. We don't need you. You dump another hundred cars into that one little area coming and going. It's going to cause a huge mess. There's nowhere to put lights. I understand why there's no lights because you can't put a light that close between scenic and uh and RFD. There's just nowhere to do it

logistic wise. that that it's just not feasible for anything to be built there. I'm sorry he built the bought the property, but I mean, I didn't tell him to. So, but he's he he's he can't cause more distress for all them all the people in that neighborhood to get in and out of their own houses. It's already bad enough as it is. That's all I've got to say. Thank you, sir. Thank you. Yeah, sir. Can you come back? No, not him. I want to ask Demi. Oh, I'm sorry. Is I'm sure there's an answer to this, but why isn't this spot zoning?

So, going back to the map over here. Um, this is along an arterial road, which is Highway 105. There's North Major right there. You can see all of the zonings that are surrounding it. Um, it's it's pretty mixed. Um there's a lot of GCMD uh as well, but one of the big things that this one has is the it aligns with the comprehensive plan and I can read it one more time. Um what was conveyed to staff is that they're interested in building a shopping center. Um and I'll let uh the applicant confirm that when he comes back up. Um, according to the comprehensive plan, the property is located within a contemporary neighborhood design concept area and that allows for a diversity of housing types and convenient access to parks, schools, and shopping centers while protecting single family residential areas from intrusion of incompatible land uses and vehicular traffic. So, the comprehensive plan aligns with it. It's also in an area where it is higher travel, more density um uses. Um but that's that's why planning is a we we see no uh issues with the the plan and this is just for a reasonzoning. This is not for permits um quite yet. Um but I I think we should definitely hear out uh the citizens that are here to speak.

Okay. Thank you. Okay. Is there anyone else who would like to speak in favor or in opposition? Yes, sir. if we can get your name and address.

My name is Mike Mau. I live at 7195 Clay Circle. And uh if you're looking back on the map, the picture that you had earlier and the pictures that my wife sent around to you, uh you'll find that uh when in the neighborhood that we're living in, our house is right across the street from all this. And I don't know if you know what it like to have to live in a place where you know you have a lot of traffic. The trees and things that that were there at that point in time. Uh they protected our area from the noise of the traffic. Well, from the picture you see that's no longer possible. Not only that, but he cleared back onto our property, too. If you had a if we had a stake there to show you, you know, he knocked down trees that were actually on our property that did not need to come down. Uh we're kind of upset about that. Uh I know that the lady next door to me, she's uh not able to be here because she's just an elderly lady. But you know the same thing protecting not only her but those around us uh from the possibilities of things that are going to happen in the future if this is opened up and we have public access to our neighborhood that can cause higher crime rates. uh just the fact that we have to put up

with that and it's already like he said before when you come across that canal the only place that I see right now that they have an opening for them to come in is almost well you can't see you can't see from there I I I've I've stopped there myself to look and and see what it's going to be like. And I'm thinking this is dangerous. Not for anybody that's going to be trying to come in and out. And we don't need more danger in our neighborhood. None of us do in Bulmont. We don't need to. What's more important? Is it the money? I mean, you know, what about protecting the people? And it's not going to affect just us. We're we're right there at it. But you've got all these people that live in our neighborhood. It's going to affect them, too. They don't have a say in it. But I'm trying to speak for them because somebody needs to.

And sir, I'm sorry I have to interrupt. Your three minute time is up. But thank you. Okay. Is there anyone else who would like to speak in favor or in opposition? Kane, if we could get your name and address.

All right. My name is Tom Cochrell. Uh 5810 Scenic is uh where I stay sometimes. And if I look at that and that piece of property, I remember the day it went up for sale and and and by the time I turned around, it was it was already picked up. uh you know always thought and I thought that the Jerry and Jerry Barnes had always talked about that Clay Street actually continuing down and I think that when it was designed it was always designed to be a residential community and those lots you know would be accessed through clay and I know that that would be a big deal to extend clay all the way down in favor of the builder and I know that that may upset everybody but rather than having it reszoneed to commercial property. Can we consider the possibility of remaining a uh a residential piece and access it through clay? Because I believe that that is there's an easement there for that to continue and I could be wrong, but I I kind of think What's that?

Okay. So, does the plat continue that road easement of clay to continue? It'd be expired at this time. They'd have to do a new plat.

Oh, I see. Okay. So, that easement is expired. However, that was the intended use of the property. I don't believe it was ever intended to access from 105 being the nature of of the way that you know the design laid out originally. But that's my concern and I definitely don't I oppose the idea only because of the lake of the the peace and the quiet and the way that that is designed the neighborhood. We've been there for over 15 years and uh you know my son walked the first time on the property there. So, it's kind of, you know, it's important for us to maintain the the structure and the integrity of the way that the neighborhood was built and rather than doing a commercial project on the back. Some of the other things that I'm hearing are a little more concerning, but uh but it in my opinion, it should be accessed from clay rather than from 105. Thank you very much.

Thank you. Okay. Is there anyone else who would like to speak in favor or in opposition? None heard. The public hearing is now closed. We have one more. I'm sorry, I didn't see you.

Dawn Cochril, 5810 Scenic. I mean, I know we we talked about how dangerous that would be, but I also want to just reiterate the fact that it is a artisian natural spring and the wildlife there is just amazing. There's otter, there's turtles, all that. So, I just wanted to add that little factor in that if there is something commercial on that side, not only will there be a lot of traffic noise, but there'll be garbage that spilled different, especially if it's some kind of gas station or, you know, storefront. So, that could potentially come into the lake and harm any kind of, you know, natural wildlife or the water itself. It's very clear and it's full of minerals. So, I just wanted to add that. Thank you.

Thank you. Okay. Anyone else? Yes, ma'am.

Okay. My name is Jane Cook. I'm the secretary of the homeowners association.

What is your address, Miss Cook? My address is 5670 Scenic. The one thing that has not come up or been said that I just feel compelled to uh come before you is between the lake and the red box up there that we're talking about is a park for our children and our grandchildren. It's you'll see the trees that are still there and you should see if it were blown up, you would see the mold area that is there that we can picnic in and we can play in. And there was never an intention for there to be commercial on the other side of the trees that the homeowners association owns. We do not own the four pieces that are on 105 or the five pieces as it looks like it's been drawn into now. But th but between the red line and the blue lake is a park area that we use and our children and our grandchildren use. There are no sidewalks on 105. the school buses stop out on 105 for the apartments. It the congestion is true and real. And I just think it's it's obscene to think that we're going to lose those the buffer of what is park area for our neighborhood. Thank you.

Thank you, Miss Cook.

Is there anyone else who would like to speak in favor or in opposition? None heard. The public hearing is now closed and the applicant has an opportunity to come forward and address the concerns of the citizens. With all respect, every neighbors around this property. If we look to the pictures, my end to the right side, my left side, it's the neighbors far away from the property. The property is so in the front. It's no access other access to that property only from the front, not from the back. I can see it's a traffic. I'm sure it's a traffic. Everywhere is traffic as I say earlier. But how that going to be a noise or bother any neighbor is going to be fenced and you are no one 2003 300 ft away from the property any neighbor from there except the first house on the left side. I'm not here to take somebody's freedom. I'm just to switch it to a business and uh take advantage of it. Helps me, helps the community, helps everybody. And that's it. And it's, as I say, it's going to be fenced and nice fenced. And you can see it. And we are far away from you. Nobody, no neighbors there. How bothering you? Maybe. Yeah, you're right. With the traffic in the front, but in the sight, you have no access to there. from there. It's no road there. That's it.

Okay. Any questions? Uh, I mean, I'm looking at the map. Um, are you able to pull up the JCAD map on that or the GIS map cuz there's a road that does go into the I think it's called it's owned by Blue Lakes Estates, which I'm assuming is the HOA. Uh, and you can see there's a road that kind of backs into that property. Uh, it it's a private road. I don't know who owns it or what's this. It's called uh let me see. I'm looking on my phone. Clay circ. And that might be something you might want to look into, but uh I'm trying to see if Demi can bring it up.

If you open road in the back access to those pieces properties. Yes. that will be better than an option for me cuz that uh one of the gentlemen over here brought that up to my attention. I looked it up and that would probably solve I think everybody's problem with the uh idea commercial and being there versus the uh you know cutting down the traffic count and everything you could bring into the neighborhood. Yeah. It's just taking us a moment to pull up the map. What makes Why did you say that's a private road?

Well, I mean, I don't know if it's private or public. I'm just looking off of my phone. Um, it's called Clay Circle. I think the whole name's not there, but uh it backs in it backs into Blue Lakes. And I don't know who. Oh, it was a public road. Now, Demi, I think I'm right, but that's a I'll check it out in one moment. You just type in that if you could probably get close. This is the rightway you said expired previously. Right away expired. The right way that connects that or the easement or whatever you call it an ement.

Oh, hold on one moment. I'm sorry. Jad's running slow at this point. Um, so you you're saying to reconfigure to Well, and and really this is just a reszone, right? Like this isn't um it's not a specific use permit, so it's not going to have the site plan. Now, that is an option on the table. Um how it was filed was uh approve a reszoning of RS2GCMD or a more restrictive zoning district. So, that is up to your guys' discretion on how what you would recommend or deny um outright. Um but we're almost there. I'm sorry about this.

Can you can you remind me of the condition, Demi, that you were talking about earlier regarding the clearing? So, they didn't get a grading permit. Um, so before they could move forward with any um uh with anything, they would need to get that right and get file their grading permit, make sure that everything's good uh before they can move on with their development. Right.

Let me ask you a question while you're looking up. Let's say if it does get approved, do they need to come back for Pacific use permits to build whatever they use to build? If this application as it was presented to go from RS to GCMD, um it would not have to come back with a specific use permit. Now, if you guys did GCMD2 or you did a different um maybe like a neighborhood commercial um zoning district versus uh just GCMD um then that that does restrict the uh intensity of the uses.

GCMD is is really what you think of like DA and you think of uh int like your higher intens uh uses off of those roads. Go to that real quick. Um that's not working for me right now. Do we know what businesses are going to be held housed there? Little small shopping center. Do you have any specific businesses? Really? I don't have think of because I I wasn't see what's I'm allowed first if I'm capable to have it approved and then as I say I mentioned I'm a home builder. I build houses in B. Okay. Okay. I thought you may have had something in mind. Yes. I'm curious if you have a a rendering.

I don't have any in my mind. Okay. I have a quick Yes, sir. Just out of cur if that street going to it were a public right away, would you be interested in continuing that down as a public another public street and using these lots as residential facing south on that new street like that street. Whatever you come from the other side, come behind it. It will be a street. Before you ask me that, if they are okay with that because they call it as a private property. I'm sorry. If they are okay, whatever who live there. Well, if it's a public right away already, you can tie into it with another public street.

Well, the price I purchased the property to to turn to divide it for 280 right now about three houses. I don't think the value bring me back my money what I spend on. Just asking. I know. We just appreciate your Sorry. Do you have a rendering of the shopping center you're wanting to to build?

The property is not, as you see, it's not going to be big. It's 80, sorry, 280 wide. Yes. But it's not going to be wide deep. It's only 100. So that mean it's not much of option for me. It's going to be a huge building. It's going to be most of it barking and little building on the side like an L. It's not going to be like a a busy I'm sure it's going to be a traffic but it's not going to be a a 10 20 store there like a shop like a to enter it's going to be as maybe four five doors and the rest of it parking if that's the way I look at it because it's not on my I see when I comes with the survey these two I have to plan floor plan for the building before I go there I have to go far far away from the street from the back on both side with this property. The way I look at it, most of it is going to go for the parking lot no matter what I'm going to do with it.

Okay, staff, since this is really just a reasonzoning and all the other is additional information that doesn't really apply to this application, uh can we move forward with this? Yeah. So, the what's before you guys is go from RS to GCMD. Uh that's just the reasoning. Um if you guys wanted to uh possibly have a closer review on the land use that or the development that occurs there, you could always do a more restrictive zoning district. Um that could be a GCMD2. Um that could be neighborhood commercial. Um something of that effect. Thank you, sir.

One more thing I want to mention before I start even there. Yes, there is a traffic I suggest a stop light not a stop light stop sign because it's too much inter after that happened after the sign the apartments it is a traffic it will help if you have a stop sign everybody's slow and more controlled and thank you appreciate opportunity thank you thank you okay I'm sorry sir the public hearing's already closed I have a question for staff Yeah, I have a question for staff. Um, would Okay, so when you go back and you look at the colored map with the zones on it, purple is GCMD, right?

Yes, ma'am. So, would neighborhood commercial be spot zoning because there's not any other neighborhood commercial there or is this okay?

The biggest thing is when you go to this this intersection here, right? So, let's say let's say even looking further north, right off of uh Griffing Major, that area, right? major is an arterial road up there all the way to the north, but it's completely it's pretty much completely uh yellow. Let me go over here with my mouse. Like up here, it's completely yellow. And that probably is um the neighborhood concept up there um or the conservation revital the conservation uh residential area. So because the comprehensive plan wouldn't support it may it's an RTOR road which allows for higher higher uses or could accommodate it. The comprehensive plan does not support it. So that could be changing that zoning for to a special um district to benefit that one lot. Right. But when you come down let me get my mouse back. Here we go. When you come down here it's a lot more concentrated. There's a lot there's more mixes of uses down here. And this right across the way is still RHGCMD. Um, now it is next to some RS, right? So, we have to take into consideration that. Um, which is why it was listed as or a more restrictive zoning district as well. Um, so that that's an option for you guys. Um, but it's not spot zoning because in this area, um, that request does align with the comprehensive plan to have shopping centers at this area. So if they were to reszone to a uh a district that would support that, it would still align with the comprehensive plan, which is what governs the zoning districts.

Okay. I have one more question just for Gertie. So if we do GCMD2 there, right? Then every time that business changes, they have to come back. That's correct. So like even if we approve it now and we approve everything they're doing and it looks good, if that business if that shopping center goes under and another shopping center comes in, they have to be approved too. Yes. Okay. It would it goes based off the uses. So let's say a they they go to develop and let's say they have medical offices and they would like a beauty salon and they'd like a restaurant. That would be in one application. If they wanted to put in a bar that's not under the SU that was approved, that would be a separate SUP that would have to come back before you guys before that use can go into that building.

That's where I was going with that. Okay. Okay. Any other questions of staff? Okay. Um, we've heard from the citizens, we've heard from the applicant. Is there a discussion or a motion? I'll move to table it. Second. Okay, we have a motion and a second to table it. All in favor?

Before you clarify that motion, um, Commissioner Son, am I saying, you have to say when you want to table it to and if you want there to be some additional information br from the applicants. So you have to give a little bit more clarity just because this is something that's shared in the public hearing with council. Um and so staff would need to know when it's run back and when to expect it to and what's expected. Uh move to table it to the uh next planning and zoning meeting and I'd like to see a rendering of what he has in mind. We also have to know why he's making that request to table on what's your reasoning. Well, I think he said he wanted to see a rendering of it. than just a rendering. Yes. All right.

Now, I will if I could, I will say, you know, when you whether you approve or if you approve a resoning, that is to the the land in its entirety. That's not a specific development, right? So, even if you did see a rendering, it may not come back as that unless um you were to do a specific use permit or something like that where you would but you it would have to be um

so I don't know that they have to do a specific use permit cuz that's not an item that's before them. He's not applying for a specific use permit. So, in that regard, like he can provide a rendering, but it wouldn't necessarily have to be that item because there it hasn't been resoneed yet. So, right now the commission has the ability uh as Miss Eman said to uh he's requesting um that it be GCMD, but you can zone it to something more restrictive commercial neighborhood GCMD2. That's your option. So, even if he provides you a rendering of something within the GCMD model, you can't hold him to that because that's not something that's before the commission to approve. And so, in that vein, you really shouldn't. If you're saying I would vote yes based on it being this, he could change it and that would be within his authority to do so.

But with the rendering at least uh we can see how big the shopping center is going to be, how much space is going to be the shopping center. The concern of the neighborhood is is going to be a huge shopping center. You can see what he thinks. you can see what he thinks he wants to do there and you can base your vote on what he presented and he would have the ability to say I changed my mind. I want something different and as long as it was in that zoning district that he was allotted for, he would be able to do that. Okay. I think a GCMD2 here would solve our problem.

Well, wait. We've got a motion first. So, if you're in favor, but I like that. If you're in favor of tableabling this, raise your hand so we all know. Have a good count. Okay. All opposed. Okay, that's denied. Okay. Is there any other motion that you would like? move that we make this a GMCD2 because he would still have to come back here with a specific use permit.

But I have concerns about that because it it does not address the residential concerns long term of the citizens that are in that additional neighborhood. The only opinion, the only way around that is to deny it and to leave it residential as it is and I'm I'm willing to make a motion on on that regard. Well, I've just made a motion of GCMD2 which I'll second that motion. Motion's been moved and properly seconded. Chair, so you can call for discussion or vote. I'm sorry. Discussion. Okay. I have a question. Bill, would you put the condition of the needs of grading permit in there

on your motion? Oh, absolutely. I mean, it shouldn't have been done anyway. I mean, they're right. Get it done. Okay. So, we have Commissioner Linton, do you second uh still second with that amendment? Yes. Okay. So, we have a motion for GCMD2 and a second. Yes. With the condition of the great correct the grading issue. All in favor say I. Or I. Hold up your hands. That's going to be better. All opposed. Okay. So, the

motion carries as a GCMD2 with correcting the grading issue as um one of the conditions. Ma'am, I'm sorry. The public hearing's closed. Okay. Someone from staff will talk to you after the meeting. Yeah. Okay. Mayor, you got one more. Oh, we do. Oh, we do. Okay. Oh, other business. Yes. Yes. Thank you.

Yes. One uh item just wanted to update you guys. Uh PZ2025-229 was a reszoning application for a parcel off of Fenet Road from RS to LI um to learn and it was tabled uh to learn more on what they needed to uh or what they needed to develop with the resoning. Uh commission asked to table that request for 5 months. Um staff reached out to the applicant prior to placing the request back on this December agenda. uh the applicant requested to hold the item from the December agenda as that they have not identified a project yet. So uh once they identify a project then they'll be back to you guys. Okay. Thank you. Anything else? All right. Thank you.