Planning and Zoning Commission - Regular Meeting

February 17th, 2026 Planning and Zoning Commission meeting of the city of Long View is now called to order. Mr. Jason Jones will deliver our prayer and pledge of allegiance. If you'll stand with us, you want to bow your heads. Dear Lord, thank you for the free gift of salvation that your son Jesus Christ paid for on the cross. Thank you for everyone that's here today. Please help us make decisions in the best of the city and all the citizens. And please let everyone have a safe trip home in Jesus Christ's holy name. Amen. Amen.

To the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Thank you sir. Next item is approval of the minutes from our last meeting in January. Has everyone had a chance to look at them? If so, are there any corrections? If not, I will now entertain a motion. Motion approved. Motion has been made. Is there a second? Second. Motion and second. All those in favor say yes.

Any opposed? Motion carries. We've now reached the citizen comment portion of our meeting. The this portion of our citizen comment are comments made other than the public hearing items we have on our agenda tonight. If you wish to speak on an item on the agenda, please wait until that time to speak. Please begin by stating your name and address for the public record. Now, on to the regular agenda. The purpose of this meeting is to hear all pertinent testimony of those in support of in opposition to the applications before our commission. Tonight is the com is the first of two public hearings required to approve a change in zoning. The commission also considers plats. The procedures for public hearing items to be followed tonight will be the public hearing will be opened and testimony will be heard in the following order. First, staff. Second, the applicant. Third, the general public. Those in support of in opposition to this request. If you are part of a large group with a common interest, we ask that you appoint a spokesperson rather than have each individual restate the same information. When addressing the commission, please begin by stating your name and address. Try to limit comments to five minutes. When all sides have spoken, the public hearing on the matter will be closed. No further public discussion will be entertained. After each public hearing is closed, the commission will vote on the request. Zoning requests and planning and zoning commission's recommendation will go forward to the second public hearing, which will be conducted by the city council on March 26, 2026. We are now on to item A of the regular agenda.

Thank you. And I believe that Jason is going to abstain from that one. Thank you.

Yes. Item A, a public hearing be held to consider application S26-01 filed by Brookwood Village Ltd, requesting a specific use permit to allow for a restaurant with a private club in general retail zoning district for lot 10, block 849, Brookwood Place subdivision, located on the east side of McCann Road, north of Meadow Brook Drive. The applicant is requesting a specific use permit to allow for a restaurant with on-site consumption of alcoholic beverages in addition to beer and wine in general retail zoning district. Uh in our current UDC and the way the UDC is it says private club but he is not doing a private club. the private club. Uh the definition of a restaurant that serves uh alcoholic beverages in addition to beer and wine is restaurant with private club. Uh SU is required to ensure no negative impact on surrounding properties. In 2000, a similar SUP was granted for a restaurant uh within this shopping center, but it was specifically uh for that suite only uh in 2000. Uh Macan Road is classified as a principal arterial roadway and is maintained by Texot and this type of development is appropriate along this roadway as long as access management is followed. staff finds that the proposed zoning change is consistent with our future lane use map and surrounding uses. Therefore, it does not constitute spot zoning. I'd be happy to answer any questions at this time.

Thank you, Angel. Does commission have any questions for Angel at this time? All right. Anybody have any questions for the commission have any questions for the applicant on this item? All right. I will now open public hearing. Are there any in support of this request? If so, please come to the podium. State your name and address for the staff. Yes, sir. Good evening. I'm John Ferrell, a partner in the ownership of Brookwood Village Shopping Center. Okay.

And I hope each of you has received a page of photos taken of uh 7point Seafood and Bar renderings. Architects did very good looking work on the renderings and he's got larger copies of them as well. Um, this is David Lou. I'm John F. That's David Lou. David Lou and his wife Betsy already operate uh other high-end and successful restaurants. David has Capeot, the former Louiesie Cafeteria, and Betsy has the Mighty Crab, which is the former Copeland's. This is a very exciting event for Brookwood Village and for the Macan Road area. Uh, this is what we're going to do and this is why we're here tonight.

All right. Thank you. Anyone else in support of this request? I was just asking if anybody else was in support of this request. All right. Are there any in opposition to this request? If so, please come podium, state your name and address uh for the record. All right. Any additional questions or comments? Angela, the other suite, the Elsa suite still has the alcohol permit. That is correct. They still have their SU. Yeah. Okay. All right. Anyone else? All right. There are no additional questions or comments. I will now entertain a motion.

Motion to approve. Second. Motion in a second. All those in favor say yes. Yes. Any opposed? All right. Motion carries. Thank you, Heath. We won't keep you in there on that. All right. Now, on to item B of the regular agenda.

Thank you. Public hearing be held to consider application Z26-02 followed by first T Piny Woods requesting a reszone from agricultural to heavy commercial zoning district for approximately 5.464 acres of abstract 2156 Marshall Man survey tracks 15.01 01 16 and 16 point 16-01 section 3 located at 4430 West Loop 281. Uh the applicant is requesting a reason of this property shown here on the zoning map uh from agricultural to heavy commercial zoning district located on the east side of West Loop 281 south of JC Drive. Uh the applicant is proposing to develop this property into an office for a nonprofit organization along with outdoor putting greens. Um, in 2009, this property was annexed into the city of Long View. When annexation occurs, the property is automatically assigned an agricultural zoning designation. As development and and redevelopment occurs, the land is then needs to be reszoned uh to accommodate for that development or redevelopment. Uh the property immediately to the north of this property is zoned heavy commercial. Uh the the applicant's proposed development does require the heavy commercial zoning district as outdoor putting greens are classified as permanent outdoor amusement uh which is permitted by right within heavy commercial zoning district. Uh loop 281 is classified as a principal arterial roadway and is maintained by text dot. Uh, proper access management along this corridor is critical to minimize traffic congestions and delays. Staff finds that the proposed zoning change is consistent with surrounding uses. Therefore, it does not constitute spot zoning. I'd be happy to answer any questions at this time.

Anybody in the commission have any questions for Angela on this item? All right. Is the applicant present? Okay. My name is Suzanne Smith, 1016 Riverwood Drive, Long View, Texas, and I am the real estate broker that is handling this transaction. I filled out a speaker card just in case you have specific questions for me. But I would like to introduce you. Mia King is the executive director with First T and I'd like to introduce her and she brought some additional documents for you.

Okay. Hey you guys, my name is Mia King 11:07 Lovers Lane and as she stated, I am the executive director of First Te Pineywoods. If you don't know a little bit about First Te, it is a leadership and youth uh organization that teaches leadership and life skills life skills through the game of golf. Do you guys have any questions for me? Anybody have any questions for me? Okay. All right. Thank you very much. Keep busy. All right. Thank you.

Let's see. I will now open the public hearing. Are there any in support of this request? If so, please come to the podium. State your name and address for the staff.

Good afternoon. My name is Casey Brous. I'm the program director for First T Piney Woods. Okay. Uh 6615 State Highway 43 North, Marshall, Texas. Uh do you guys have And lady, do you have any questions for me? Anybody have any questions? All righty. Thank you, sir. Thank you. Appreciate it. All right. Anyone else in support of this request? All right. Are there any in opposition to this request? If so, please come to the podium, state your name and address for the staff. All right. Any additional questions or comments? All righty. I will now entertain a or there are no additional questions or comments. I will now entertain a motion. Motion to approve.

Second. Motion in a second. All those in favor say yes. Yes. Any opposed? All right. Motion carries. We are now on to item C of the regular agenda.

Thank you. Public hearing be held to consider application Z26-03 filed by Tommy Finkeley requesting a reszone from agricultural and single family 4 to single family 5 zoning district for approximately 14.13 acres of abstract 75 a Fugerson survey track 13 located on the south side of swinging bridge road west of Wilbert Street. Uh the applicant is requesting to the re uh to reszone the property shown here on this zoning map um from single family 4 and agricultural uh to single family 5 zoning district. Uh the applicant is proposing to develop this property into a single family subdivision. Uh there is an increasing demand for different housing options in Long View with a focus of affordability and density. The proposed reszoning is a necessary step in accommodating the grow growing demand for housing. Uh swinging bridge road is classified as a local roadway and is maintained by the city. Access management is essential to avoid traffic congestion and delays causing by uh caused by turning movements for vehicles entering and exiting of the roadway. Uh the applicant will enter and exit onto Swinging Bridge Road. Staff finds that the proposed zoning change is consistent with the future lane use map and surrounding uses. Therefore, it does not constitute spot zoning. I'd be happy to answer your questions at this time.

Anybody on the commission have any questions for Angela on this item? I've asked you a hundred times the difference between SF4 and SF5.

Yes. Uh so SF4 uh requires a 60 foot wide lot uh by 100 foot. Um SF5 allows for 50 by 100. Uh minimum lot area for SF5 is 5,000 square foot. For 4,000 it is 7500 square feet. Uh minimum house size in SF5 is 800 square foot. And in SF4 I believe it's a,000 or 1,200. Let me double check. It is 1,200 square foot in SF4. And then the setbacks do vary slightly. SF5 require uh requires a 25 foot uh front setback where SF4 would have a 30 foot front setback.

Swinging bridge right in front of it. What zoning is that? That is SF4. That's SF4. Anybody else have any questions for Angela? All right. Is the applicant present? Sir,

good afternoon. My name is Tommy Finkeley, 4736 West Loop 281, Long View, Texas, 75604. So, um this is uh going to be split into two phases. Uh 7 7.1 acres on the front and I think 7.41 on the second phase. uh uh 25 lots in the first phase, 31 lots in the first in the second phase for a total of 56 lots. And the um the price range that we're we're be going for on these would be just right under 350. All right. Somewhere between 325 and 350 on these about 1650 to,700 foot houses.

All right. Okay. All right. Anybody have any uh questions for the applicant? What on the lot uh size isn't working with SF4? We're just trying to go we're just trying to go with a little bigger house and a little bigger house really can't go out. So, we're going to a bigger lot than we did on the front. Wouldn't SF4 be the bigger lot? Yeah, SF4 is a bigger lot. SF5, excuse me.

Yeah. Um, it'll allow the houses to be wider so that we can push the bedrooms out and go. The houses on the front are I don't knowif Well, let's see. The last two ones that were just built by East Texas Homes, they were like 1505. The last two lots, the last two lots that were taken down. So, we're stepping we're trying to go a little bit on bigger on our square footage. So, and I think also the setbacks, I think the setbacks were also a concern. the 30 foot setback versus a 25 foot setback. A 25, even though it's just five feet, it just allows for a little bit more wiggle room. Okay. Yeah. Okay. And the width, too, so we can push the houses out a little bit. So, you're not building 800 foot houses?

No, absolutely not. Absolutely not. Okay.

It's 60 and SF5 is 50. As far as a minimum, those are the minimums, right? Yes, that's correct. That is a minimum. So, these are like right at one. These are like 55 by 130s. Is that That's real close. Some are some are a little deeper, but but the minimum of every one of these lots is 55. There's a couple in there that are 56, I think, and there's a couple that are 60. So, you're quite a bit deeper than the the minimum, but just not quite as wide to get you into SF4. Yes, sir. We're trying we're going we're trying to go push our square footage up. Okay. Any other questions? Thank you.

Thank you, sir. Appreciate it. All right. I will now open the public hearing. Are there any in support of this request? If so, please come to the podium. State your name and address for the staff. All righty. Are there any opposition to this request? If so, please come to the podium, state your name and address for the staff, Miss. Yes. My name is Cinda Sturdivan and I'm at 1113 Pine Bluff Drive, which is the street I don't know how to explain this to you. Can I point it to you? Sure.

For you. All right.

So on the edge of our So our backyard backs up to that and it's a cliff is what we have and his is also a cliff also. My concern is the safety of it because for whatever reason the cliff is now eroding. We have lost over 30 feet wide and at least 15 feet deep of our property has fallen down into the dry creek that we live on. Um, so it's not it's not safe anymore. And when you build houses, you build houses for families, especially if he's talking about building bigger houses now with bigger bedrooms and stuff for families and therefore there'll be kids. And I just don't know what precautions he's taken because not only is our side falling, his side is falling also a little farther down uh from where he's talking about changing the zoning right now. Um, so I I just my concerns was for safety for children because I have grandsons. They want to go down in the creek. They can't go down in the creek

because these boulders that are falling off the cliff are not small rocks. They're the size of a small Volkswagen bug. I think I've given you pictures. I'm sorry I didn't have enough. I didn't realize that there was this many. So, but those are the pictures of the cliff that's falling. My house has been up there for 70 years and there was a chain link fence at the edge of our property that has fallen in. So, because of whatever reason it is. I won't go into that. So, you just So, you just have concerns or you you're just like

our property goes to the middle of the dry creek. His property goes to the middle of the dry creek. Yes, I have concerns. safety concerns that um if he has kids there, what's going to keep him out? That's my property that is in the middle of that dry creek. If someone went down into that creek and the rocks fell on them, that's just I mean that's a liability he's going to have to deal with himself. I mean Oh, okay. So, you're okay with building multiple houses on something that is not safe? We're We're just zoning. What he does with it is within zoning, but Okay.

He They're not going to not zone it for that reason. I wouldn't think. I don't I don't know. I mean, the other question that I have then there used to be a pipeline that ran through with danger signs marking the pipeline and those have disappeared now. So, Okay, that's all I have to say. I have a question for you. Okay. What would you recommend somebody do to help alleviate the erosion there? It's your property and it's eroding on your property. So, what would you do? What have you done?

I'm still work. I'm still having discussions with the city on because of Harrison Roads when they widen Harrison Road is when the erosion started. And that's why I was wondering if you know what kind of engineering they're going to do for drainage and stuff since it's not city drainage actually back there. Just a creek bed. Thank you. Thank you. Any anyone else in opposition to this? Yes, sir.

Thank you everybody. My name is Rodri Smith and I live at 1112 Swinging Bridge Road, which is one of the houses that is at the top there, 1112 Swinging Bridge Road. And we have a concern, our concern uh with the reasonzoning of case Z26-3. Is it will it be compatible with the current infrastructure and the character of our neighborhood? uh swing bridge road uh functions like a reg a regular residential area. So there are many concerns that we have the narrowing of the road because it is like an oil road. The compost plant is at the end and on Thursdays through I believe Saturdays um there's a lot of traffic on that road. So right there in the curve if you're coming into uh where we're talking about uh there's a bridge there it's very narrow and the residents sometime when you meet meet in a car you've got to actually slow down get over and sometimes not enough and they're big trucks so to build homes in there that kind of uh kind of frightens me that extra traffic um before any resoning is approved. to um my our specific u concerns is has there been a a traffic analysis for that road? Has there been a drainage storm water study uh done for that? And how many res I think you've already mentioned the resident uh units that would be realistically allowed under the suggested zoning if it does come to pass. and is Swing Bridge Road classified

and designed to handle that level of traffic. Um, I have some neighbors that are here with me and I also uh kind of went door to door kind of getting everybody's opinion that could not be here tonight. Have some signatures that are with like with us and like give this to you. I'm going ask let me ask uh Angela it's it's already zoned SF5 it right now a portion of it zoned SF4 um most of it is zoned agricultural um but a lot of those studies that you talk about are done after the zoning is in place a lot of times the developer

you know those studies cost a lot of money and so usually they don't spend that money upfront until they're guaranteed that that zoning is in place And then once that zoning is in place, they've already engaged their engineer. I see their engineer in the crowd. And so they have engaged an engineer. And that at that time, our engineer and their engineer will work together to look at the drainage. Uh if a TIA, a traffic impact analysis is required by the city at that time, the city engineer will say, "Hey, we need to do a traffic impact analysis if that's required." Um and same thing with drainage. All of that's looked at usually after the zoning is in place. Yeah.

And and lastly, uh just wrapping it up, like I said, when you're coming into the area where you turn off to go to the area you planning on enlarging there, uh that bridge is very narrow. So that that bridge would have to bear. It's a narrow road. So there's a lot of congestion on that road. and the speed. We've been living there for what, 15 years now and we've asked the city to try to, you know, get the citizens to slow down and there are times when it's like a motor speedway through there. So, when you add that, I just have a lot of concerns about it.

I think did you ask how many lots would be in that subdivision? I believe was that a question? So he I know that with one point of access he cannot exceed 60 lots and so I do know that will be okay. Yeah. Thank you for your time. Thank you. You too. Appreciate it. All right. Anybody else in opposition? All right. Any additional questions or comments? Yes. Go ahead. I'm here.

Yes. My name is Rachel Speed and I live on uh 1114 Swinging Bridge. Um in addition to my neighbors concerns as well as my own, um just hearing the pricing for the potential homes that are being built that would increase our appraised values of the home which would then raise our taxes. So I don't I don't think that's fair. Um, but also again on the bridge of Swinging Bridge Road, not only is it narrow, but it's old and it could I mean it's we have 18 wheelers going to the compost site um throughout the week Tuesday through Saturday. They speed down that road. We've asked, you know, like he said, we've asked for them to not speed. They've hit mailboxes. It's a very narrow road. U my son rides his bike and I fear every time he goes around that bridge, somebody's not going to pay attention, but I can't let him not be a child either and ride his bike.

Um so I just wanted to add to those concerns. Thank you. Thank you.

Can we hear from Mr. Finley on what his thoughts on the erosion and like the access. I know they I know these late the the family that uh her and her husband I've known him for a long time and I couldn't remember her name but um so to your question about the about the u line they abandoned the line and um that's one of the reasons why I'm proceeding um because we the they there's a sales meter run right here on the west at the end of the west side and they kept that they kept that one as a their new sales meter. So when you come in the front of the ferry in the property, you kind of come down that road and you kind of go to the left there where you kind of see a road there. That's a that's a that's an abandoned Mid Coast uh uh pipeline and and they abandoned it about five years ago. um to speak about the uh the creek um on her side of the creek and some of her neighbors on the other side of that creek. Uh their properties a lot higher than mine. They s it sits up a lot higher than mine and u not to not that we're going to build some of mine is going to be built up on your side that you know especially right in front of your house there. It's going to be built up probably I don't know maybe three or four feet. So, but the erosion from her house um like I like she did say the my property line is in the middle of the creek and her property line is in the middle of the creek. She just happens to be on the highest point of all the houses that look down onto my property and it and um I think it's right in front of lot 12 what we're we're talking

about. But um she has had some rocks fall some there's some pretty sizable rocks on the in the creek uh iron or rocks and I haven't you know I haven't seen them all but she did put a she did put a sign up on the back of her property that says something like watch for falling rocks or something and it you can see it from my property uh where she put it on her backpack or back fence or I guess so I can't speak to the uh to the erosion that's happened that's caused her rocks to fall down. All I know is that the at the at the back of my properties will have fencing there. You know, every lot will be fenced and we are and I am going to put something in the um the HOA probably that's going to address the fencing. We're going to have to we're going to we're trying to we're trying to take what we did on the when I when I developed the first 18 lots on Swinger Bridge Road, I had a partner. This was back in 2008, I guess, when he first did it, and he since passed away. So, we're we're trying to we're trying to build a little bigger house, a little nicer community, and these lights aren't going to face Swinging Bridge Road the way that the ones on the front ones did. We're actually going to create a neighborhood. We're trying to create a a a little step a little bit above what's there now is what we're is what we're trying to do. You'd have one entrance point.

Yes, sir. What's your thoughts on the traffic concerns that they talked about? You know, I'm I I um hired Johnson and Pace to to take care of all my engineering and Joe Hart's here with me. And of course, we will abide by all city ordinances and all applicable u situations that come up. How many lots did you say you planned? I don't It's a 56 total. 56.

Mhm. The if I if we if um the way that we had talked about it before when I was considering doing the SF4, it was going to be 92 lots. There's going to be 92 houses in there. And so, um, we're I'm what I'm trying to do is kind of go up from from from what we built to begin with

and go to the SF5 zoning. But um as far as the I can't I'm not an engineer so I can't speak to the the her problem with the rocks that are falling off except that her property's at her house is at the very top of that creek and I'm going to say it's about 60 50 60 70 feet down maybe 40 feet 40 to 50 feet. It's it's it's it's up there. So, have you been back? Um, well, that my property run my property doesn't run all the way to the Sabine River. It run it stops

right behind our house straight across our back corner where we walk down that part of yours that Yeah, right behind your house. Yeah. Yeah. I haven't been back there to see. I know there's some sizable sizable rocks in the bank on both of our sides, you know, because it kind of comes down low and then it kind of goes real low right through gradually down into the ma'am. You've got a little 10 foot probably. Okay. Okay. Okay. All right. I like I said, I can't speak to the erosion. I I'm not an engineer or anything like that. So,

thank y'all. Thank you. Anybody else have any questions? And I have my engineer Joe Hart from Johnson and Pac. He's here if you have any questions.

Would he be able to address any of the erosion concerns?

Thank you. I'm Joe Hart with Johnson and Pace 121 Northwest Loop 281 here in Long View. The like this creek is so wide. It is huge. So any erosion that's on her property is actually independent of Tommy's. I mean, there's nothing on Tommy's side of the creek that is contributing to the erosion that she's experiencing. The lots that are going to back up to the creek, there's going to be a green belt that follows the creek. So these the lots that are up against the creek are going to have their own, you know, privacy fence and then there's there's space between that line and the creek. So, and we haven't worked out the ownership, but most likely Tommy's probably going to own all of that and just m and just keep it and not extend the lot lines down to the creek just to protect the trees and that sort of thing. So, um as far as the engineering, I mean, we will uh of course comply with all the city ordinances, drainage ordinances. There's very detailed and strict ordinances related to drainage and how we release the drainage and all those studies will be done at the appropriate time and submitted to the city for review. And uh from a traffic standpoint um if the city engineer thinks that a traffic impact analysis is warranted then we'll we'll do that. We haven't looked at the actual uh average daily counts for for swinging bridge, but um I'm sure this will be a a pretty I mean overall a small percentage increase in in traffic, but if we need to do a TIA, we certainly will. And um is there any other questions that I could try to address?

Anybody else have any questions? Angela, if if at some point it's is zoned accordingly to what he's wanting and then there would be a halt on on new construction at a certain unit count if so because there's only one way in and one way out. Uh that limits the number of lots. Is that what you're asking? It limits the number of lots. He cannot um exceed 60 lots in that subdivision. Is that what you're asking? Traffic count. They'll do that prior.

Uh if the city engineer requires a traffic impact analysis, that will be done when uh when plans have been submitted and they'll review it and say if the city engineer says, "Hey, we need a TIA," uh he'll let Joe know. Okay. All right. Anybody else have any questions? All right. Thank you. Thank you, sir. Anybody else in opposition to this request? All right. Any additional questions or comments? There are no additional questions or comments. I will now entertain a motion. I move that we

move that we approve. Okay. All right. Is there a second? A second. All right. All those in favor say yes. Yes. Any oppose? All right, motion carries. We are now on to item D of the regular agenda.

Thank you. Uh public hearing will be held to consider application Z26-04 filed by Atlas Shrugged Long View, Texas LLC, requesting a reszone from General Retail to Heavy Commercial Zoning District for lots 11 through 14 and a portion of lot 15, block one, New City block 28, North Cut Heights Edition, located at 119 West Marshall Avenue. Uh the applicant is requesting a reszone of this property seen here on the zoning map from General Retail to Heavy Commercial Zoning District located at the northeast corner of High Street and West Marshall Avenue. A portion of this property is currently zoned Heavy Commercial. This is where the uh old CVS sits on High and Marshall. Um half of this property is currently zoned heavy commercial. The applicant is asking to reszone the northern half of this property so that the zoning is consistent across the entire property. Uh the future lane use map does designate this area as retail. Um in 1996, uh the northern portion of this property was originally zoned to general retail. Uh, two stipulations were included as part of that approval process through the planning and zoning commission and city council. Um, I did add those two stipulations uh to a revised uh staff report. Uh, no pole signs or wall signs will be allowed on North Cut Avenue other than incidental signs such as inner exit. Um, signs at the driveway and drivein window. An eight-foot wooden privacy fence will be erected along North Cut Avenue in such a manner as to buffer the adjoining residential areas.

Uh, High Street and West Marshall are classified as principal arterial roadways and are maintained by Tex DOT. Access management is essential to avoid traffic congestion and delays caused by turning movements uh for vehicles entering and exiting the roadway. Staff does find that the proposed zoning change is consistent with surrounding uses. Therefore, it does not constitute spot zoning. If the commission chooses to approve the request, staff recommends that the stipulations outlined in the staff report be incorporated as conditions of the approval. I would be happy to answer any questions at this time. Anybody on the commission have any questions for Angela?

All right. Is the applicant present? My name is Roger Decay. I live at 1069 Box Hall Drive in Shreport, Louisiana. Uh I'm the real estate broker that represents the owner. Okay.

And the owner's proposition is that when he bought it, he bought it after 18 years after it was built. and wondered at from the get-go why the property was split between general retail and commercial or commercial too, pardon me, heavy commercial. And time rocked along until CVS closed and now the current owner wants to sell it.

And we've had a lot of people, a lot of businesses look at it. Um, and for your information, the gas station convenience stores have turned it down. Um, some other what I would consider undesirable uses have turned it down, but it again this this is a commercial corner. I mean, if you look at it, it's a commercial corner and the stipulations that you've put on it are not a problem at all for anybody that has shown an interest in it. So, I I I'd be happy to answer any questions. Uh I it it just looks like it needs to be one zoning

and obviously the owner would like it to be zoned up to the C2. Just to be clear, gas stations and convenience stores are allowed in general retail zoning district

for whatever the purpose. You know, the the big gas station convenience stores have said, you know, they they weren't interested. And uh we've had interest from healthc care, finance, a lot of different um users, but uh right now we don't have a signed contract. I I wish I did. as a real estate broker, that's what we want, signed contracts, but we do have some serious tire kickers and uh we we would like to get it reszoneed to C2, which would you go back to the other map?

Well, that I mean the red Well, not sure, but this is the bottom half of the same ownership. So, what the owner is saying is we give you boost up to

So, what uses are looking at it that would require the C2 because a lot of the uses um that you've mentioned are allowed in general retail zoning district. Well, uh, we have a a pawn shop, Cash America Pawn, and and I don't even know that they are C2. A pawn shop is does require heavy commercial zoning district, but uh, the other uses that you did mention require general retail or allow are allowed in general retail. Healthcare and healthare is allowed in general retail. Yes, sir. And actually the pawn shops consider themselves financial institutions now. So for what that's worth.

But anyway, that it it just it's a commercial corner and what we'd like to do is zone the rest of this guy's ownership C2 so we can do something with it. That's that corner sat it for vacant for about 10 months, 12 months. and uh we'd like to do something with it with it. Put it back into commerce before it um attracts undesirable elements.

Did you say you had any prospective buyers that require C2? Well, Cash America Pawn is a is one of the couple of prospective buyers, but he we I've tried to talk to him when I first got the listing a year ago to address the split zoning, but here we are. Is the red heavy commercial, Angel?

Yes, that is correct. The red is heavy commercial, the hatched uh is general retail, and then that blue is single family five. So again, across North High Street is C2 and the other side of East Marshall Avenue is all C2. That inside that green is uh every every commercial real estate broker in the country would look that and say that's C2 or it should be. So that's why I came over here on Mardigra. I say you got your beads on

le bon rule. Yes sir. Any other questions for the applicant. All right. Thank you sir. Thank you. I will now open the public hearing. Are there any in support of this request? If so, please come to the podium. State your name and address for the staff. Are there any in opposition to this request? If so, please come to the podium. State your name and address for the staff.

Hi. Hello.

My name is Sheran Wilbur. I reside at 106 Northcut Avenue. I stand here in opposition of this change and um I'm here with some more of my neighbors here along with my council person Shannon Moore and I oppose this because when I looked up the definition of heavy commercial and I wrote it out because I'm a little nervous. Okay, I'll read it. It says that it designates the area for highintensity commercial activities that may be incapable with res residential neighborhoods. And it would present um permits for higher traffic, larger buildings, noise orders, car dealership, manufacturing, warehouse, and we really don't want that in our neighborhood. So I would ask you all to consider the uh information I just presented. Thank you.

Thank you. Anyone else?

Hi, my name is Lita Wiggins. I live at 507 North Center Street and I'm also co-owner of 101 Northcut. Um it's enough that It's that that high zone area or the red area that you were talking about that we have to deal with the tent shop, the the pawn shop or the the tire shop that the traffic in that area is hellacious, you know, and if you're going to reszone that for commercial and intensify that, I have grandkids. The family member that lives in 101 Northcut, she has children, I mean, six and under. So, all that traffic is just going to increase the dangers. the the tent shop, there's traffic coming in there all day long from I guess they have a contract with the dealerships and all that other kind of stuff. So, it's traffic coming in there all day long. So, if you resone that to commercial and God knows what is going to be there. I mean, I literally live right here. This is my home here. So, all that traffic is going to be crazy, you know? So, I mean, tell me what's going to be there that that I don't have to have that worry about my kids or my grandkids and the traffic is going to increase, you know, up and down Center Street and on Northcut and on High for that matter. You know, when CVS was there, it was crazy. So, anything else that's going to be bigger than CVS will be extra crazy. So, I oppose this.

Thank you. I mean, I've been in that house for 20 years. Anyone else?

They use the microphone.

Hello, I am Wendy Stinson and I currently live at 117 Northcut. I have been there for almost eight years now and I actually live right behind CVS and right next to Sherman Williams. I am there at the half where those big semi trucks can come as well and park right in front of my house which is bad enough. I can't get company in, can't get family in, can't get myself in half of the time because they're parked right there. my neighbor who actually he's actually right back there live right next door to me in the middle of the night. There are tow trucks coming into the the the car garage that's right next door to CVS all times of the night. I have moved my son to a whole another room on the other side of the house because it just got to be ridiculous all times. My husband gets off at four o'clock in the morning sometimes and when he come home, it's still bad because it's still traffic. Uh the tow trucks coming in and out. And of course, we can't avoid um FedEx and and all them from coming. But the big trucks that comes in when they're coming over there to Sherman Williams or if they're coming over there delivering trucks, they'll pull up in his yard just to back in off into that place. our road is not big enough for those big trucks and all those commercial the commercial trucks and everything to come down. So I also oppose.

Thank you.

Yes. North street now traffic and it wake you up every time somebody come by honking your horn or racing your motor, you wake up. And if you got it like talking about here, it's going to be bad. The thing about it is the price of the land is going down when they move in over there and be lucky. given away because ain't nobody going move in there all that. Thank you.

Thank you. So, are you guys uh that's incredible. You lived there 75 years. Wow. That's incredible. Um so you guys do you think that the chances are more probable that the traffic might go down if something else goes in there? Because I'm just thinking of this if I live there. CVS was pretty crazy. It's gone. It's gonna be hard to top that kind of traffic. So you I mean your chances are probably that it might get maybe a little better. I would think. I don't know.

Now the street is already in bad shape from those big street. So I would think that it would get worse with being resc if it's heavy commercial, you know. I'm a night nurse. I'm a registered nurse and I would like to come home and go to sleep. But like I said, I can set my clock by the time I can hear all the dump trucks and all the trucks that are coming, especially to the trucks that are coming to the car dealership. I mean, it's a residential area. I would like for it to stay residential, you know, and I do realize all the retail stores are there and that's something that we've had to acclimate to. I don't want to have to acclimate to it becoming heavy commercial. So it's general retail now and you know it won't ever go back to residential probably. It's probably going to stay general retail. So

and that I can I can accept that and that's where I was going with this. You you accept that you know you know what's there. So if it's a a retail type facility, y'all can live with that. You know, the question would be, you know, if down the road, you know, he he does have a sale for something that is more retail that requires general commercial, i.e. a pawn shop or something like that that is more of a retail thing, you know, would that be something that you would be in opposition to as well? Just supposing the heavy equipment.

Yeah. I mean, the the commercial thing is somewhat scary. You don't want, you know, something that's manufacturing or something like that right next to you. I understand that. But if it was more of a retail business that required a commercial designation, well, I mean, like I said, it's it's been it's been retail. You know, if it stays retail, that's fine. But the heavy commercial aspect of it, no. Yes, we agree on that. We all agree on that. And there's no guarantees that whoever comes after that will stay. So once y'all zone every commercial, that's what it'll be. And

so what they're saying is they feel safer with it being general retail with all the things that they go. These these people have been on that street for years. They're on their home. They're they're rather their taxes go up and their values go up than to bring heavy commercial in there and their values go down. So we have to think about the people instead of the business because general retail will come there. I'm confident that it will come there on that spot. So Angela, when obviously Highway 80 is commercial, when they built the CVS, did they take in residential on the north side and they just did Yes. So general retail because that's what they were putting there anyway.

That's correct. So they didn't need the heavy commercial zoning and it was actually um it was reszoned for EARDs when I looked at the um the old plans. And so that type of use doesn't need heavy commercial zoning. Uh just needs general retail. So they just reszoned it to general retail with those stipulations. So that's that's why it's split because they took SFR and turned it into retail. Yes, that's correct. And so you know and heavy commercial does allow some pretty intense uses um you know like nightclubs and you know machine shops and things like that. So though it does allow for some pretty intense uses. Yeah. Yep. Could that be what? Gas station.

A gas station is allowed in general retail. Um, convenience stores are allowed in general retail. Offices, doctor's offices are allowed in general retail zoning district. I don't see anybody doing heavy commercial or that being very realistic that area. But I mean, you are on a major, you know, right off the major road. But I could just see a convenience store or or retail going back in there. But I understand what they're talking about, too. I wouldn't want I I I I surely wouldn't want a nightclub there if I lived there. Especially like that gentleman 75 years.

You can Yeah. Oh, go ahead. If you've got Yes, go ahead. I'm Miller addresses 105 Northcut Cut Avenue and um I would just be echoing everything that has already been said. Um a concern that hasn't been mentioned are like screening codes like with the 8ft fence or whatever. I know right across the street from Mr. Kenny, the owner of that lot was told he had to have a fence. There's there hasn't been a fence put up. So my biggest concern is that we put rules in place for them to be followed, but they're not being followed or enforced. So that's a huge concern.

That's it. Thank you. Anybody else? All right. Any additional questions or comments? There are no additional questions or comments. I will now entertain a motion. I'm I'm sympathetic to their plight as far as continuing heavy commercial down North High Street and you know they they changed the SFR for that specific purpose. I don't really see taking it to commercial. So my motion would be to deny. Second. We have a motion and a second. All those in favor say yes. Yes. Yes.

Any opposed? All right. Motion is denied. Uh and uh Angela, we have no no staff updates staff updates tonight. Yes, there wasn't a council meeting and so the council meeting will be next week and I'll give you a staff update at that time. All righty. This concludes tonight's meeting. We are now adjourned.