Planning Commission - Regular Meeting

Welcome to the Regulatory and Bonfils Planning Commission meeting. We are a nine-member commission appointed by City Council to make recommendations on a variety of zoning, land use, and development-related requests. Please note to provide comments during the allotted time for citizens' communications or for an item posted on the agenda. All individuals are asked to sign in. If you have not done so, please do so at the table located on the entrance hall. I'd like to request that all cell phones be turned off and other electronic devices unless you're on call emergency personnel. Could we have a roll call please, Victoria?

Commissioner Nolte?

Here.

Commissioner Rudy?

Here.

Commissioner Taylor?

Here.

Commissioner Mathis?

Here.

Commissioner Allen? Here. Commissioner Henry?

Here.

Vice Chair Alsop? Here. Chair Sonnier?

Here.

And Commissioner Brazier?

Here.

Thank you. We have a motion for the approval of last month's minutes.

Motion to approve the minutes as written.

Second.

We have a motion and a second. All in favor? Aye. All opposed? Motion carries. This time is for persons to address the Planning Commission on any items or issues not on the agenda. It is a violation of the Texas Open Meetings Act for the Commission to address, discuss, or take action on any items not on the agenda. Each speaker is limited to three minutes and must state their name and whether they are resident of New Braunfels. Anyone who wishes to speak on items or items not on the agenda may do so now. Do we have anyone that would like to speak on items not on the agenda? Seeing none, We'll move on to the individual items. I will announce the request. Our staff, city staff, will present a summary of the case and will answer any questions asked by the commissioners. The applicant or agent will be allowed to come forward and advocate for their request. We'll open the public hearing and people will have three minutes to speak on each item. And there will be a total of 30 minutes for all the speakers. We'll close the public hearing for discussion and potential vote. Our first item is CS26-0278, public hearing in consideration of a request by K-League Enterprises Incorporated for an appeal of section 14-5.22, non-residential and multifamily design standards. to allow for a deviation from the articulation requirements for a proposed automobile dealership at 238 IH 35 South in the C3 Commercial District. Colton Barker, you have the floor.

Yes, sir. Thank you, Mr. Chair, and good evening, Commissioners Colton Barker with New Braunfels Neighborhood and Community Planning. The first item this evening is an appeal to the city's building design standards, particularly as they relate to horizontal facade articulation for proposed dealership redevelopment along IH 35. This is the first appeal of this type to come before the planning commission since the 2021 zoning code amendments assigned this review authority. Yes, I'm just a little tall, so I'll lean in a little bit. Let's see, the subject property this evening is just under five acres and it fronts the IH 35 access road as well as McQueenie Road to the east. The property is located within the C3 commercial district. Adjacent properties on the south side of 35 are also C3 and commercially developed. No zoning changes or land use modifications are associated with this request. These photos show the current site conditions. The applicant intends to demolish the vacant dealership building and redevelop the property with a new dealership and continue its established use. The request before you is limited to a single building design element and does not affect any other site development standards that the development is required. There's a few more slides here of the property. Under the city's non-residential design standards, large commercial buildings must include, among other elements, horizontal facade articulations. These are perpendicular offsets intended to reduce long, flat exterior walls and introduce visual interest in building design. The ordinance establishes three main requirements when it comes to horizontal articulation. There's a maximum distance a wall can run before an offset is required. Each offset must be at least a certain depth based on the building's height. Each offset must run a minimum length along the facade based on the total facade length. These requirements were adopted by the city to help prevent overly monolithic commercial structures and to reinforce appealing building design for the community. THIS ELEVATION PROVIDED BY THE APPLICANT SHOWS THE CODE'S REQUIRED OFFSET DEPTH AT THE TOP AND THE PROPOSED DEPTH AT THE BOTTOM. THE BUILDING MEETS THE SPACING AND LENGTH STANDARDS, BUT THE OFFSET DEPTH IS LESS THAN REQUIRED. THERE'S A LOT OF MATH ON THIS ONE, BUT THIS SLIDE SUMMARIZES HOW THE PROPOSED SHOWROOM FACADE COMPARES TO THE ARTICULATION STANDARDS LISTED IN THE ORDINANCE. both the maximum distance between offsets and the minimum offset length comply with the code. The applicant provides offsets at the appropriate intervals and each offset is long enough to meet the required percentage. The only standard that does not comply is the minimum offset depth. The ordinance requires an offset depth based on 15% of the building's average height. While the proposed design provides a shallower depth, This appeal solely focuses on the difference in that depth and all other articulation requirements are meeting their standards. Staff is recommending approval of the appeal to allow an offset depth of 1 foot 6 inches in place of the required 3 foot 3 inches. The project appears to meet all other articulation standards and the reduced depth still supports the ordinance's intent and the dealership's brand design. In the context of I-35, the shallower offset does not appear to affect the building's visual character. The request concerns only offset depth and appears to have little to no impacts on adjacent properties. I'm happy to answer any questions you may have for staff, and I believe Mr. Stoddard and his design team are here if you have any questions for them as well. Any questions, Commissioner?

I have one, I'm just curious with the in depth code that y'all have the ordinance right now, is there a reason why that y'all had that particular depth?

Sure, I believe that piece was adopted back when some of the bigger box stores were coming into town. And so that was adopted by the city council at that time to kind of offset what may have come in as a big flat building, just as an attempt to mix it up a little bit and have some visual variance in those big buildings.

with this request with a variance or have y'all considered just looking at that again?

Yes, ma'am. Yeah, I believe we're looking at that as a part of the LDO project there. We're incorporating those building design elements into those to be a little bit more flexible with our business partners.

Okay, thank you.

Yes, ma'am.

In this kind of situation, does the deviation, does it attach to the project or does it attach to the property?

That is a good question. It's the building, just the building.

So if this got sold next week, this deviation doesn't apply, you see what I'm saying?

Correct, yes, sir. Yeah, it would be just for what's being requested on this particular building for this particular project.

Okay, thank you.

Yes, sir.

Thank you, Colton. In other words, it would still apply if they keep the building when it's sold, but if they tore it down, they'd be back to the original.

Correct.

And just to clarify, this is not a zoning change in any way?

That's correct as well. Okay. Yes, ma'am.

Thank you, Colton. Yes, sir. If the applicant is here and would like to speak, may I do so now?

State your name and whether you're a resident of New Braunfels, please. A West Studdard resident and representing K-League Enterprises, Blue Bonnet Volkswagen. And we agree with the staff's position. Thank you. On this picture, what Volkswagen is requiring is what they call the white frame that is around the entrance. One of them says Blue Bonnet on it. The other one, you can see a Volkswagen insignia. and they prefabricate these. So this isn't our design, it's the design of Volkswagen nationwide saying here's what we want the front white frame to be. Behind the white frame is glass, so it has that depth perception, because you're gonna see right through into the building. So even though it's, one feet nine inches instead of the required three feet three inches, it's gonna feel like it's a lot deeper because it's all glass behind it. And so we're just advocating for that. The rest of the building, which is to my left up there, the gray portion has the articulation, that's the shop. We really don't wanna tear down our existing Jeep store. We think it's beautiful, but Volkswagen will not let us use that. I say, if you want the franchise in New Braunfels, you have to build this white frame look. and we're gonna provide with you. It's not our architect that designed it, it's Volkswagen, their corporation saying this is what it has to be. So that's why we come to this space. Be happy to answer any questions. Commissioner, any questions?

What's the timeline on this project?

Well, we're just waiting for city permitting right now. So Volkswagen's ready for us to go and it's vacant. So y'all are ready to go. And we're ready to go. Okay, thank you.

Just as a comment, it seems like you're pointing out that the glass makes the articulation, the reason for the articulation kind of null and void because you've got plenty of, break up in depth and with glass. Right. Yeah, the design itself brings that. Okay, thank you. I'm just curious about the top diagram on the gray part. There are two elements that stick out.

The bottom is a long flat gray. Can you talk about that?

Yeah, it's not the bottom. It'd be the top one. I don't know, Sean, if they're, yeah. He's the architect, so he could tell you that. My expectation is it's that top one.

Yeah. Good evening. My name is Sean Willis. I'm with Accuform Architecture. I'm a non-resident in New Braunfels. What you're seeing on the top elevation there at the shop side, the gray piece with a couple bump outs, that's what that will be. But then the showroom piece on the bottom with the green is what we're proposing for the showroom. So it's kind of going to be a combination of both, if that makes sense.

So no articulation on the gray portion, the garage portion.

Say again, I'm sorry.

So what y'all are recommending is that long gray area does not have articulation.

No, we are going to add the articulation to the long gray area as it's shown on the top.

Oh, you are?

We are, yes.

Okay, good to know.

You want to clarify what? Yeah, as I'm hearing it, it sounds like when we made this exhibit to articulate this horizontal articulation, perhaps they got a little mixed in these two exhibits. But what I'm hearing is that the gray portion up top reflects accurately and the white portion on the bottom reflects accurately. That's correct. Yes.

Thank you. This is a public hearing. Anyone would like to come forward and speak for this item? Or would anyone like to come forward and speak against this item? Seeing none, I will close the public hearing. Commissioners, any discussion?

I make a motion to approve.

Second.

We have a motion and a second. All in favor? Aye. All opposed? Thank you, motion carries. SUP 26-256, public hearing and recommendation to city council requested by Sun Communities Operating Limited Partnership on behalf of Sun Silver Star LLC, DBA, Sun Retreats, Texas Hill Country, to rezone approximately 11.44 acres out of the Yogi Bear Jellystone Park Block 1, Lot 2 from C3 Commercial District to C-3 Commercial District with special use overlay to allow manufactured homes. Currently addressed at 141 Rookley Road. Mary, you have the floor.

Good evening, Chair and Commissioners. Mary Lovell with Neighborhood and Community Planning. The subject property consists of approximately 11.44 acres located along the east side of Rickley Road, roughly one quarter mile from the interstate. Surrounding zoning districts include APD, M2A, MUB, C3, C1B, and R2. And that's a mixture of commercial, industrial, and agricultural pre-development. And it also has a mixture of residential, commercial, and undeveloped parcels for the land uses that are surrounding it. The current use of the property is an RV park. Manufactured homes were... previously allowed within the C3 district and until 2012 when an amendment, a code amendment removed the allowance of manufactured homes from the C3 district. Earlier this year when the applicant was in the process of permitting and locating the 10 new mobile homes, excuse me, manufactured homes on the lot, city staff notified the applicant that the manufactured homes were not allowed anymore and they had lost their legal non-conforming use because the previous units were removed and it had been longer than 12 months. To retain the units and proceed with permitting, the applicant is now seeking a rezoning to C3 SUP with a special use overlay to allow manufactured homes on the property, which would maintain all the uses currently allowed under the C3 zoning and also add that one use of manufactured homes as an additional approved use. Approval of this rezoning request would legalize the manufactured homes that have been recently placed on the property and allow their continued permitting. A denial of the request would require the removal of the manufactured homes. The request would not be consistent with the following actions of Envision New Braunfels. Action 1.5, which is promote economic centers by ensuring adequate parking for people, visiting businesses, restaurants, and shops. Action 1.8 is to concentrate future investment in industrial and employment centers along the I-35 corridor. and Action 1.11, which is, you know, update our policy and codes to achieve development patterns of this plan, goal of the plan, and also balance commercial centers with stable neighborhoods. On the other hand, the request would be consistent with many of the housing supportive actions in Envisioning Braunfels, and I've listed a few here on this slide. Staff recommends denial. Envisioning New Braunfels emphasizes preserving commercial uses within the C3 zoning district and commercial corridors. If the commission is inclined to approve the rezoning, staff does recommend a few conditions that are in the staff report. I'll go ahead and read them here. A maximum of 10 manufactured homes allowed on the property. A screening fence would be required along any street frontage. and all homes must comply with Appendix B, which are some code regulations and development standards for manufactured home communities. Public notification included mailing notices to 19 property owners, and staff received three responses in favor, which comprised 58% of the notification area, and there were none of these response cards sent back in opposition. A super majority vote is not required for approval. A petition was emailed to staff after the agenda was posted that did not have any property owner's addresses, therefore it was unclear if any of those individuals signing or digitally signing that petition were within this 200 foot notification buffer area. This ends staff's presentation and I'm here to answer any questions you may have for staff and the applicant is here to make a presentation.

I got a quick question. On your notification map, you see two, I think it's five and five. They were in favor of this. Who owns those properties?

It is the applicant, the owner of the property.

Thank you.

What was the notification that you received without the addresses and names of people?

It was emailed to the planning commissioners. And I have a copy of it here. It's a form, something called a jot form, maybe something that gets sent out to various email addresses. And then if somebody wants to acknowledge their decision, they respond. And it just has names and emails.

Was that sent, was sent to us?

Yes, in an email.

Oh, okay, I didn't get it. Okay. But it wasn't written from anybody?

It has names on it. I think I counted about 101 or two names.

In opposition of it?

In opposition.

So I think you said it had names and emails on there, but you said there was no physical address and we couldn't verify that they were within the notification area?

That is correct, Commissioner Mathis.

But wouldn't, so if there was a neighborhood behind the property, say on Pine Valley and Douglas Fir, it could have came from there, but they were outside of the notification, is that correct?

Some of them were, there are some properties that received notification cards in the mail, but none of those were returned.

There's obviously not 100 people in the notification area, so it stands to reason we can consider that For consideration purposes that they're not in the notification. Right. For the most part.

Yeah. I just can't confirm that it's the neighborhoods that are shown on this map. I have no way.

But we do. Excuse me. But we do need to consider. We do need to consider that could possibly come from the neighborhood behind there. Absolutely. So we have to respect that.

So two things. One, if you read at the very last page of that petition that was sent, there are comments from the signers on there. A lot of them reference the name of the neighborhood that they are from. If you read and that's, that's that immediate area. Yeah. So some of them, at least in their comments, does note at least.

I see it. It says Highland Grove.

Anecdotally say that they're from there. But then... Mary, if you could, could you just for, I mean, maybe even just me personally, can you back up and kind of just maybe try to, best to your knowledge, explain why city removed the manufactured homes from C3 and what was the purpose for that?

That occurred in 2012, and I don't know if anybody here might have some knowledge.

Yeah, exactly. I just want to know.

I don't think any of us were here at that time. My assumption would just, or I guess would be that C3 is a commercial district. It was expected that commercial use was the preferred development type in that district.

It may have coincided with a new district that only allowed manufactured homes as well, so maybe they were, the intent was to remove it from other zoning districts and just allow them in a certain district.

There may have been some changes in state law about that time. Manufactured housing, it rings a bell, but.

Yeah, I apologize, I didn't.

Too far back. Isn't this a resort?

It is an RV park.

It's just an RV park? It's not a Jellystone resort?

I will let the applicant maybe tell the history of what type of uses they've had in the past. Any other questions? I do.

Yes. So how many current manufactured homes are on the property right now? Do we know? There's 10. There's 10. And how much land does that incorporate in their property? Do you know?

I would say if that's almost 12 acres, less than an acre.

Okay. Were they put on after without... were they put on recently, assuming they could use them? They've not been there for a while. Those all were removed.

So I think there was a disconnect and it was difficult for the applicant to understand when their legal non-conforming use was going to end. And when they purchased these units to replace, it took about a period of time, and I'll let the applicant speak to that, that may have been not anticipated.

But they were placed there non-conforming. They weren't placed there with approval of the city.

There are some that, through the permitting process, that's very hard to find out the date of a legal non-conforming because we would have had to have that information when they were removed, and so when the applicant There were a couple, maybe two or three that were permitted. And at a later date, staff was notified that these were removed and they lost their legal non-conforming status. So we had to kind of backtrack and notify the applicant in writing that the previous permits that were issued were issued incorrectly. And that's how we are here today.

So the permits were issued, there were permits issued?

There were permits issued, but there's a revocation from the building official that once it came to light that they lost their legal non-conforming status.

The permits were sought and issued prior to these new homes being placed out there?

I don't know the timing of the locating, but... And is manufactured housing...

allowed under any zoning right now in our city, aside from SUP, obviously?

I believe it's allowed in the B zones.

Yes, it's allowed in multiple districts. I don't know those offhand, but it is allowed.

So are there current manufactured homes on the property right now? Yes, there is. There's 10. There's 10, okay. And are you aware, is the city aware of any new laws coming from the 89th legislature that would allow us to deny this or prohibit us from denying manufactured?

No, ma'am.

Okay. I just want to make sure.

Okay.

What happens to the 10? Are all 10 permitted?

There were only three that I believe were issued permits that were later revoked by the building official.

So they would have to remove all 10?

They don't have a pathway to have them permitted as of today. Okay.

Wow.

Yeah, I guess. Yeah. I guess maybe, I mean, it obviously hasn't had a question, but hearing the applicant's version of things would be helpful too.

Yes, I'll go ahead and call them up right now.

Please state your name and whether you're a resident or non-resident of the department.

My name is Jamie Eminger. I am not a resident of New Braunfels, and this is Mindy currently with me. She is also not a resident of New Braunfels. We're representatives of the community. I do live in San Antonio, so I'm at least semi close by. Good evening, Chair, Council. Thank you for your time this evening. We want to discuss our plan to replace manufactured homes at Sun Retreat's Texas Hill Country. Our intent for the parcel is not to change anything in the approximately 11 acre parcel, rather just replace manufactured homes that were previously on the property. At this time, we have no plans to add any new development that was not previously established. Our goal is just to restore previous use of the sites. As a real estate investment trust, we will maintain ownership of the land regardless of the individual homes located on the property. Our preferred approach is to enter these homes into our home rental program that provides a quality and affordable living space while maintaining consistent ownership and management of the property. Our home rental program includes a formal application and screening process for prospective occupants. This allows us to evaluate applicants and ensure that the homes are occupied by qualified individuals who meet our established rental requirements. We also perform annual inspections to ensure units are maintained and all property standards are met. Ultimately, our goal is to responsibly maintain the property, preserve its character, and replace homes without introducing a new or substantially different use to the parcel. So I guess like part of the, what I would say part of the misconception about this is, is that we wanna change the entire 11 acre parcel. We do not. If you look at the photo that we have, this is an old photo, and it's right off the second street there. There's like 10 sites right there to the right of the second street. The MH homes were there in the past. We just wanna, we put them back, right? It just took a little bit longer than, right there, thank you for whoever circled it. It took a little bit longer than we originally had planned or that we knew about a year non-conforming use. So we're not trying to take everything out and turn the RV park into a manufactured housing community. We just want to provide a different rental option for our guests to come enjoy our resort. So Sun is a company, I think it's important to talk about us as a company. We've been around since 1975. Went New York Stock Exchange public in 1993. We have 450 best in class properties. We pride ourselves on being the nation's premier owner and operator of manufactured housing and RV. NRV resorts, we have 16 in Texas, 12 RV resorts, and then 16 manufactured housing communities with two in New Braunfels. So we do have a manufactured housing community that's about two miles north of the subject property, Comal Farms. And we bought Sun Retreat's Texas Hill Country. You had mentioned Jellystone. It was Jellystone in the past, and Sun Silver Star to a point. We've gone through some changes at corporate management and rebranding, so that's what all the DBAs and names come from. But we purchased it in February 2016. We have 285 sites and 52 vacation rentals. A family focused property with indoor outdoor pools, volleyball courts, extensive events and activities that we want to provide a good time for our guests. We're also committed to local outreach and giving back. So we host an annual event with Camp Quality USA. Camp Quality provides outdoor hospitality camping for families that are impacted by children with cancer. So we provide once a year around Thanksgiving, we have a weekend. in Unity with our Sun Unity program, which is our giving back program that we invite these families to come enjoy our campground for free. And it's an excellent weekend. It's really good for the soul. I've been to a couple of them. So we wanna go through our timeline a little bit. I know that was something that was just brought up. In December 25, we had a meeting with city representatives and presented our plan to replace the manufactured homes that were removed from the property. We did not order the homes until after we had that meeting. So we thought there were no concerns raised in that meeting. we were okay to order them because we were replacing, right? There was, I think, some representatives from, what is it, the NBU New Braunfels Utilities on the call, it was a team's call, sorry, New Braunfels Utilities, our general contractor, who is a New Braunfels resident, Adam Hatch, and then his foreman, Juan, a couple representatives from Sun, the property manager, Michelle Guajardo, who's a New Braunfels resident, and then, a couple people from the city, I don't know their last names, Summer, Amanda, were on the call. And we were told in that meeting that as long as we were replacing units, it was okay. So that was why we went ahead and ordered them. In April, the homes began to arrive. We got our first permits, and I think it was mentioned, we got three permits, one on May 28th, one on June 4th, and one on June 24th. And then on July, the permits were revoked while we had the other seven in for review, right? So we were not doing anything with the other three. We were waiting for the permits to come in. We also had four applications on these already. So we had two guests that we were just waiting for the final construction to be completed, but we were ready to move into these homes before we got the revocation. We had four applications, two were denied, two were approved. And so we feel this was due to a timing technicality and not a substantive violation. If we would have been within one year, we would have been fine because we would have still had our nonconforming use from when we removed them. This is the site plan. So just these 10 that we have here on the sites up in the front of the park. You know, it's the far end of the park away from the neighboring community in the back. It's right off the, I think you said Ruckley Road, I'm sorry, I've said it wrong 100 times today, but Ruckley Road, right off the front there. And then this is the floor plan. And all this was presented at that meeting in December. So very clearly, it's a manufactured house size and not a park model size. And then we have some pictures. Obviously, we've got some work to do. We stopped working when we got the revocation. Per the letter, we stopped. But we've got landscaping work that will go in there and then finishing touch-up pieces to these homes. So they're fantastic looking. And one of the things that we love about these homes compared to RVs is we have control over the look of them. We maintain the standards. We maintain the curb appeal. A guest pulls in with an RV, it could look 10 times worse than this. In conclusion, our thought process here is really we just want to replace what we have, these 10. We're not looking to change our business. We're not looking to change the entire parcel. We just want to be able to replace the 10 that we have and utilize the 10 that we have already put in. Thank you guys for your time.

I have a question.

Yes, ma'am.

So you have the RVs, which are short-term rentals, people who come in to enjoy the resort.

Yeah, I mean, it's a mix, right? We have people that, like we have winter Texans who come down and stay long-term. We have people that are short-term campers, weekend, week. It's a full mix.

But it's not long-term permanent rentals.

Not long-term permanent rentals, I'd say. We don't have any long-term permanent rentals.

And then next to that are these... manufactured homes, which are long-term, meant to be long-term permanent rentals.

Well, I think the way that we would address that is say our thought process is that they're monthly, right? They're monthly rentals, right? You could rent it for a month. You could rent it for two. Our preference would be to rent them for a year.

But they're not resort housing. People move into them.

Technically, yes.

Okay, and then on the other side of that is the actual resort and the RVs. Correct. Between the RVs and the resort. Correct. Because you are a Jellystone.

No, we're not a Jellystone any longer. Sun Retreats is our sub-brand.

Okay, well, it says Jellystone.

Yeah, they were.

That's what threw me off. I'm used to that. Yeah, that's kind of what I was trying to say.

This property's been, I mean, we bought it in 2016. I think that it had two owners prior to that and it was a Jellystone at one point. And so we've rebranded it to our Sun Retreats model, which is more of like a community RV park that we want to bring people together to enjoy the outdoor space.

Jellystone's the name of the subdivision.

It's the subdivision. Okay. Yes.

Because it was at one time a Jellystone. But it is a resort area on the far side of the... So we've got RVs in these manufactured homes and then a resort area.

Correct. And do you have cabins on that resort area? We do. There are 52. And this is the way that the park did present itself and operate for many years. Again, there were manufactured homes there. This is not new. And in our industry, we have several communities that we own that are hybrid. That's what we consider these hybrids that work in the RV and MH space. It's not uncommon in our industry.

Your cabins are short-term. They're like weekend cabins.

Yeah, for the most part. I would say that we have some people that stay a week to 10 days, depending on what their vacation is, what plans they have.

It's meant to be vacation.

Yeah, for sure.

Can I get a clarification real quick? Do you have any year-long residents that live in these cabins?

In these cabins?

In these manufactured homes that you're talking about. Is there anybody that lives there for 12 months, for 12 continuous months?

We don't have anybody in those manufactured homes now. Yeah, we don't have that.

I'm talking about the future leasing. Will you be leasing for long? If I want to come there and live there for 12 months.

Yeah, I mean, I think that was our.

Will you give me a year lease?

That was our original plan, right? We're at the point right now where we wanna defer to you guys a little bit and have like a discussion about it. Our plan originally was to put them in what we call as a home rental program where they are essentially on a, we don't call it a lease, we call it a placement agreement because they pay monthly and pay an electric bill.

So what is y'all's purpose in those homes? Right now, y'all are running a resort business model. It sounds like you're kind of wanting to switch into getting into the residential development.

I wouldn't say that we're trying to switch and get into a residential development. I think for us it's about providing options for our guests. We have guests that want to stay for a week. We have guests that love this area and they want to live here and be here all the time. And we want to be able to provide both of those options to our guests. It's like Minnie said, it's a hybrid, it's kind of a hybrid property, right?

Understood, just wanted to know what y'all.

Yeah, I mean, that's for us. It's about creating options and keeping business options open as well as what's the best thing for what we feel the guests for the area and for our business as well.

So how long have the 10 manufactured homes been on there?

I think that it was, they started getting delivered in April and the last one I think was delivered in mid-June.

But before that, as far as replacing.

Oh, they were on there before we bought the property in 2016.

So there's been 10 manufactured homes on the property. Yeah, well.

We don't know how long. They were removed, right? And that's what the whole issue comes down to on our end is we are not within that one year non-conforming space. But they had been there since before Sun brought the property in 2016.

So with a grandfather that.

That is our understanding, yes.

Essentially legal non-conforming use.

So do y'all know how long they've been on this property?

We don't have that information. We looked at aerials and I think they were as far back as we could look in the early 2000s. So they've been on there at least, I would say at least 20 years.

Okay. I mean, we have paperwork from when we brought the property when that, we have three addresses, 131, 141, and 151. And 141 was called like Silver Star MH Park. and 131 and 151 were Jellystone or Silver Star or whatever. The middle parcel was an MH Park at one point.

So just to clarify, since they were grandfathered in, is it because they removed them?

Because they removed them for longer than one year, yes.

And now they have to start over?

They don't have to start over, it's just they're not on allowed use in the zoning district.

And so if we don't approve this, it all just goes back to C3?

it is currently c3 it would right continue yes okay so if it's not approved we have to remove the units we have about a 1.2 million dollar investment in them right now so you you have three that are permanent but you brought in seven more without permits they were all the permits were submitted at that point and it's a it's a hard balance when you do that because we have to order the units with the manufacturer they have to produce them we wait for delivery

Typically we can't permit them until they're delivered because we don't get a VIN number or a number at all until they're delivered. Until they're on property.

So you can't even get them permitted before?

No and I mean that's why.

All you could have done was get this.

The pre-construction meeting and that's why what we thought was okay and that's why we went ahead and ordered them.

So you're saying you met with the city, they said everything's fine, you went and made a $1.2 million investment, and then you put them in there and then you came back and said, no, nevermind, you're no longer in conformance?

Did you know about the year lapse time?

We didn't know until we met with the city after they were revoked.

Do we have an exact date on when they were removed? Because that's really the point, right? Is it's not about their historical use. But in 2012, the right for manufactured was removed from C3. And so once something's removed, it's law. You have 12 months to do any type of stuff to keep your non-conforming. So, I mean, that was there beforehand, before it was purchased. So... the real is just when were they removed? And then that gives us the timeframe to understand if it was 12 months or not.

I think it was about, it was within the year that they did the pre-development meeting and I estimated it was around March. So if they would have placed the units by March, 2026, but it looks like they missed it for about a month or two is what I estimate from what I've gathered.

And then hearing from y'all, Y'all ordered the new ones within the 12 month though time period.

Yeah, they were ordered in January after the pre-construction meeting.

Okay.

And how many do y'all have on the property now?

We have 10.

So they're all 10 delivered?

Yeah, all 10 were delivered by, I think, like I said, I think it was mid-June or early July the last one came in. I'm new to this as well. Like I said, I just moved to San Antonio in July. So I'm new to the role.

And so this might be a question for staff, but in this instance where they can't, with the manufactured home, and I know with these park models and stuff as well, yes, they have a VIN number. And so you don't get that until you get the actual delivery of it. And what I'm hearing is that the process is that that's when you can actually come to the city staff and permit it. Is there any... I don't know what the right word would be, but allowance for the fact that given this certain model, the orders have to happen before that. So the order placement was in their non-conforming use, but then the permit falls outside of it. Because if that's the case, then they would have to order it like immediately in hope that they get it. Because that could be completely out of their hands on the delivery date. Some of these park models get super delayed. And if it gets delayed a couple months, then they might miss their permit window. So I guess that's really the crux of it.

It was ultimately up to the building official to revoke the permits. And it was decided that in order for them to continue with the use, that they would have to go through a rezoning.

Okay. Other than these 10 that you've got there already, are you planning on putting any more out there if this passes?

We had originally planned to replace another 10 in a different area, but we think at this point we're just going to stick to the 10.

I'd like to clarify this zoning request. If it's approved, it's approved for all 11 point

whatever acres. It's a special use permit request, so there can be conditions placed on the special use permit request.

But right now, as it stands, they could put, if it were approved, they could put

manufactured homes all over the almost 12 acres if there were no conditions placed unless we put a condition limiting to what's already there yeah well and again i think jamie and i are here to say we heard mary say that at the end of her presentation and at this point we want to at least use those 10 that were delivered because we have a 1.2 million dollar investment in those And we are fine with absolutely stopping there and looking at those conditions that were placed.

We're happy with any riders that come to the firm and say, you can just stick at 10 and be done with it.

For staff, why, given the confusion, are y'all recommending denial?

So I would say, you know, our recommendation, we... it sometimes is tough for staff to make a, to come down on one side or another, and this is one of those instances where it was not a, you know, it's not a black or white circumstance. And in fact, that's why the report was crafted the way it was, to sort of balance that there are actions in the comprehensive plan that support the request. But, you know, from our review and our consideration with the with these residential products being removed from the zoning code, we felt that that was the direction that the city was, in the adoption of those changes to the code, that the city was in favor of that position.

I'd like to suggest that we open up the public hearing, and if we need to have the representatives come back, we can have them come back. I'd like to open the public hearing and hear from any citizens that are here to talk about it. So I will open the public hearing for anyone that would like to come and speak regarding this.

I didn't know we couldn't use the cell phone. I got it on my notes in here. Is that okay?

Yeah. Okay.

Curtis Yankee and I do live here in New Braunfels up in the Highland Grove area with one of those emails and names on that list. So real quick. So good evening. I'm speaking regarding the special use permit for this. My concern is not necessarily the manufacturing housing itself and After hearing their story, I do feel for them a little bit. But I'm more worried about the cumulative impact of land use decisions on this area and the surrounding established neighborhoods in more than just the 200 feet. A vision in New Braunfels specifically calls for protecting the character, integrity, and stability of neighborhoods and balancing commercial centers with stable neighborhoods. The area has already experienced significant change, including large homeless shelter nearby on the other side of the interstate, and now the city is considering allowing manufacturing housing on approximately 11 acres of C3 commercial property along the I-35 corridor. Sun has stated that its current intent is only 10 manufactured homes, but the SEP request covers approximately 11 acres. I think you just kind of talked through there could be conditions on that. But this still raises an important question. If the SEP is approved, what prevents future expansion beyond those 10 homes? and what is the city's intent based on their vision plan for this area. I retired after 31 years in the U.S. Army as a colonel, chose New Braunfels and picked that area because of the residential and rural area and what it looked like. As I continue to watch it grow and watch things grow on the side of Mayfair and then now things down here, it seems like this side of New Braunfels is getting homeless shelters, manufactured homes, and things like that. I'm just concerned that looking at the envision and where the future is going for this, homes that are in Highland Grove that are half a million dollars may have land value issues in the future. Any questions for me?

Sorry, the mic was off. If anyone else would like to speak, please come forward. If not, I will close the public hearing. Commissioners, I'd like to suggest, hearing both sides of this, I think we've had a big whoops on both sides, the city side and the applicant side. I'd just like to say that before we go any further and suggest that if we were gonna look at any approval that we absolutely put on conditions that it be only these 10 manufactured homes. I will open it up to commissioners, please.

Can someone from the city confirm that a VIN number is required, is it required to issue a permit or?

The planning department, previously, before it was reconfigured and split into two departments, I personally reviewed mobile home, we have old terminology, mobile home permit, and it is true that there had to be a picture of the ID number of that unit, and I recall seeing those and reviewing, and that's before they're issued, so you have to have that.

I think my biggest concern is, because I know we lived on the east side when B1 got rezoned next to our residential. And as being in real estate, I saw the impact of that. My concern is if we approve this, that it kind of will leave the doorway open. That if they were to come back in the future, It would be really hard to say no because there's already 10 on there. It's kind of like STRs. Once we open the door to that, it could lead to more. And then seeing, given the voice of the residents all around it, we have to honor that. My heart goes out to y'all. I hate the situation. I don't like how it all happened. I wish things could have been clearer for y'all. But I'm concerned with the big, you know, the future, the big picture of, and the fact that this city has, you know, they're recommending denial. I think that's something to look at as well for the strategic plan. And so...

Thank you. I think we have an instance here where we have the letter of the law and then the spirit of the law. And we're talking about a month or two difference between when you're in conformance and when you're not in conformance. And if a delay in delivery of your units and you have to have the permit of the unit there before you get the permit, the permits are actually issued and then they're revoked. I would hate to see, you know, this is a small enough give in an area that, on a property that already had 10 units. And I think if we restrict it to 10 units, as planning staff has recommended, I am not concerned about future this, I mean, future growth of multi-manufactured housing in this area because of the restrictions of the SUP. But I would hate to see a... a harm, and this is $1.2 million, it's a harm for any business, on a technicality of a month or two of a delivery date of a unit that you have no control over. So, I, I'm going to vote for approval of this with these restrictions that staff presented. Because of that, I think that this is a place where we can show a little grace in this instance, that's how I feel.

My concern, though, is this, is what's the future look like? And we've got to look down the road at the future, what happens and what our decisions are making here. And I always was thinking about what do we want New Braunfels to look like 25, 50 years from now? And decisions we make now set a precedence. There's been many times over the years where we've done the phase. We'll do it in phases. Well, phase two never happens because you got everything you wanted, the negative stuff in phase one, and then magically phase two goes away. My concern is And I agree. It's kind of a snafu all the way around. I'd like to accommodate, but my concern is what happens a year from now when they come back and say, oh, now we want to do this, this, and this, and they want another special use permit. And maybe the board's different. I don't know. But the part I'm trying to make is, I agree it's a bad situation, but we got to look out for what you want New Braunfels to be like in the future. And if the zoning says no manufactured homes, if we approve the 10 to stay there, there's got to be something very solid that says nothing else happens here for me to support it.

I have a question for the applicant, and you don't really have to get up. How many locations, like resorts, do y'all have, just say like in Texas?

We have, I mean, two outside Dallas, two in Austin. The closest one to here is off 1604 in San Antonio, one downtown San Antonio, and then two over by Houston. And that's just the nine that we operate, the nine that I'm responsible for. We also have three more that are operated by a third party that we own. Those are Jellystones, like you mentioned earlier.

So are there places where these manufactured homes could be placed if this were denied?

Potentially.

My thinking right now is I operate in a business that deals with permits in different cities, and it's not manufactured homes, so I understand it sounds like the process might be a little different than on your lot home building, but I know we don't move without a permit. We just don't. We don't wanna get in a situation where we gotta tear a house down. But on the flip side of that, once we have a permit, we rely on that in good faith that we have a permit. And we certainly don't go back and comb back through code books from 10 years ago and 15 years ago to ensure that the city staff issued the permits correctly. So my thinking right now, and I'm not gonna make a motion on those, there might be some more discussion, but my motion would probably be to honor the three permits and approve it for the three that were issued and hope that the other could be relocated or repurposed somewhere else. But that's where my head's at at the moment.

Three permits, like in three manufactured homes?

The ones that were issued.

But then they still remove seven.

Right. Yep.

Okay, of those 12 subdivisions that y'all have, are those strictly manufactured home subdivisions or are they hybrids?

So the 16 properties that we have that are manufactured housing are strictly manufactured housing. I would say of the 12 properties that we have that are like under our RV division, I think two of them are considered hybrid. Two? Two, yeah, the two in Dallas are considered hybrids.

And how many developments do y'all have like this resort?

In Texas or in general? In Texas, there'd be about 10. And nine or seven of those 10 we operate, three are operated through a third party manager.

So you have more manufactured home subdivisions than you have resorts? Correct.

And I know that'd be a cost, I get it. It costs to move them, it costs to set them, you gotta find a space if you got it. To me, I think that'd be a fair option for the residents, the neighbors. and for the applicant. I know it's not the ideal for the applicant.

I think that's a valid point. It's been a big whoops on both sides.

But I can see the clear business model vision that y'all have as manufactured homes. I think my concern is as planning commissioners, we kind of have to see through the mark as to where we're heading, where we're going. And I can see y'all coming back and saying, can we do 10 more, or can we go ahead and just, you know, can we make this what we have the other 12? I mean, transparent would be really great.

Yeah, I understand your concern. I mean, that for us after what we've gone through in this situation is not our intent at all. We're already discussing other options for what we can do in those sites where we would potentially have added 10 more, right? We're talking about making premium elite sites for RVs or bringing in park model, you know, park, not manufacturer, but park model homes as rentals. Like we've already started the discussion because we realized that we were outside of the, the zoning on this. We didn't know until I came up here and talked to Mary in mid-July after the revocation.

I'd hate to make a decision on any decision on what may happen or what could happen when we're deciding what they're asking for now. Any change that they would, in the future, they would have to come in and ask again to change the SUP from whatever it is we decide to do here. And at that time, the commissioners at that time, the city council at that time could evaluate what would be best for the community and then may decide that, yeah, at that time that we may need 100 manufactured homes. But they'd have to come in and ask for it and prove a case for that at that time. I think making a decision now based on not facts, but what ifs and what may happen in the future is the wrong way to approach this.

Yeah, but I've seen this, you know, after four years in the STRs, and when we allow a zoning change, we have to prepare ourselves for future zoning changes. And so I also think we need to deeply consider staff's recommendation as well.

I come down on the side of it's an isolated situation and not entirely of their doing and that that's the overriding principle for me.

Do I hear a motion of any circumstance?

I was gonna say, if y'all are fine, I'll make a motion. So I'm gonna make a motion to, give me a second, let me read this. to approve the special use overlay on the condition that it's for the three manufactured homes that were issued permits.

Is there a second?

Quick question. Those three permits, those do have the VIN numbers on them, right? Okay.

Yes, they do.

I second.

Yeah. Was that a second, Jed? Thank you. We have a motion and a second. Could we?

I got a question real quick before we vote. So if this passes, does that mean that they can now come back and put manufacturer homes on the property for the other spots? Or does it mean they got to pull the seven out and then we're done, right? Right.

I don't know that that's beneficial to us because again because we had a specific area carved out for these ten units you saw it on the slide so then it looks very odd to have three units up there that are sitting all alone so I don't know that it's beneficial for us just to do that three and I do understand your concern because the basis of our business is is we're manufactured housing. That is 100% correct. That's how we entered the market many years ago. But we have went into the RV market, and it is very beneficial for us. It's very beneficial for us because a lot of families start in resorts like the one we have down here, and then they may end up in one of our 55-plus communities in Florida later. They might tell a family member about us because we're a big name. in this industry our intent is not to change this resort into that we wouldn't even be standing here if there weren't units manufactured homes there before we wouldn't be here this wouldn't even be a conversation if they weren't here before again we went to a meeting in December of last year trying to clarify that it was okay because we know how we're currently zoned we didn't know that the MH units we didn't know the bump that we ran into but that's why we had that meeting and again we wouldn't be standing here if we didn't have them in the past And that's not where we're going, I promise you. We don't have indoor pools and outdoor pools and activities programs and all of that typically for our MH communities.

Thank you.

Thank you.

We have a motion and we have a second.

One other point before we vote. Just make sure we keep in sight that this is a recommending body and the decision will be made by city council for the final action on this request.

Thank you. So we have a motion and a second. There's no further questions. Would you take a roll call, please?

Commissioner Nolte?

Aye.

Commissioner Rudy? No. Commissioner Taylor?

Aye.

Commissioner Mathis?

Aye.

Commissioner Allen? No. Commissioner Henry?

Aye.

Commissioner Brazier?

No.

Vice Chair Alsop?

No.

Chair Sonnier?

Aye.

Five yeses, four noes.

So the motion carries to restrict it to three manufactured homes. Thank you. Thank you. SUP 26-261, public hearing recommendation to city council requested by Yesica Monreal on behalf of 839 Oasis Street, LLC to rezone approximately 0.17 cents of an acre out of the Meyer addition. Block five, lot nine from R-2 single family and two family district to C-O, SUP Commercial Office District with a special use overlay to allow short-term rental of a residence currently addressed at 839 Oasis Street. Mary.

Thank you. The subject property is located on the north side of Oasis Street, approximately 125 feet east of Wright Street and the Oasis Street intersection. The lot is approximately .17 acres and is developed with approximately a 1,000 to 1,200 square foot house with three bedrooms and two bathrooms. Abutting land uses are residential with a warehouse located at the southwest corner of Wright Avenue and Oasis Street and an automotive repair use at the northeast corner of Wright Avenue and Pine Street. The property is currently zoned R2. Short-term rentals are not allowed in a residential zoning district. Therefore, the property must be rezoned to a non-residential district at the same time as requesting the special use overlay to allow a short-term rental use. Therefore, the applicant is here requesting to change the base zoning of the property to CO commercial office district along with that special use overlay. The commercial office district allows residential use, notably a single family residence, and also allows office uses and some light commercial uses by right. This slide shows the exterior and some of the interior of the house. Under the city's current STR occupancy rules, a residence of this size may host up to eight occupants and is required to have at least three paved off-street parking spaces, which it does appear that the law can accommodate. The applicant has submitted a site plan and a floor plan that depict the retention of the residential character of the structure and staff notes that any future changes to either this site plan or the floor plan would require an amendment to the SUP if it is approved. The nearest existing short-term rentals are located approximately one block southwest, which is about 700 feet along Oasis Street, and that property is owned industrial, and it's situated across from an existing warehouse. So staff notes that this context differs a lot with the current subject site, which also sits in the middle of a residential block. And there's no adjacent commercial or industrial uses immediately around the property. Staff recommends denial. The CO district is New Braunfels least intense commercial zoning district. It's mixed use character is intended to balance opportunities for low intensity neighborhood scale and walkable commercial uses. while protecting the residential character of the surrounding neighborhoods. However, because this subject property is mid-block and it does have those adjacent residential uses, staff feels like it would be negatively impacting those properties. and a guest of short-term rental at this location would be required to drive into an existing intact residential neighborhood. The nearby short-term rentals that are located nearby they actually are zoned industrial. So I just wanted to emphasize that and they have an existing warehouse across the street. If the commission is inclined to approve this request, staff recommends the following conditions. The residential character of the property must be maintained and the property will remain in compliance with the approved site plan and floor plan. At this time, let me go into these notifications. Public hearing notices were sent to owners of 26 properties within 200 feet, and staff received four responses in opposition, accounting for 11% of the notification area. and one response in support. Unless the opposition increases a supermajority vote of city council would not be required to approve this applicant's request. If you have any questions, I'm happy to answer regarding this application.

Commissioners, any questions for staff? No problem. Thank you, Mary.

The applicant is here to present.

State your name and whether you're a resident of New Braunfels.

Hi, my name is Jessica Monreal. I'm a non-resident of New Braunfels. I am a resident of the Como District, so I'm familiar with the area, but it's just outside city limits, okay? Just a little bit of backstory with this property. We have owned this property since 2008, and it's been leased throughout all this time. A couple of years ago, we decided to do remodeling on the property, which turned out to be a beautiful property. It used to be super small, a two bedroom, one bath. And we went through the whole process of permits and engineers and all that stuff to make it a really nice property. After remodeling this property, we had one long-term resident. It was a business owner here in New Braunfels who leased the property for about a year. And then after that, she bought a house and it's been vacant since. It's been really hard to lease a property. It's been vacant for almost a year and a half, and we still have a mortgage on the property. So at this point, we just want at least some type of income so we're not losing 100% on this property. Fast forward to this year, my family, we are a family, you know, people, and fast forward to this year, my family and I kind of stayed during the summer on all vacations, and we have always been in love with the city of New Braunfels. I had a slideshow, but I'm sorry, I think it's too late too.

This doesn't work? You can lay it here and click through it if you want to project. There you go. Does this work? Yes. Press the green button.

Okay, so we basically named this property the Oasis at New Braunfels because it is located on Oasis Street, and we thought that it was a nice touch. I think it's gonna be a great Airbnb because it's really centrally located minutes away from Waterpark, downtown, local shops, the museum, Buc-ee's, and other, even I-35. And basically, like I mentioned, even when we get people from out of state, we usually bring them all the way to New Braunfels because we know the culture and we know the vibe. And I always support local, you know, coffee shops and we love the worship festival. And just coming out of the routine from our, you know, everyday or day-to-day work and then coming here just to connect with nature. With this Airbnb, I would like to help the community attract more local tourism and creating and supporting more local shops and restaurants and even local, you know, handymans and cleaning companies. I know one of the concerns for the neighborhood was that, I'm sorry, I'm a little nervous. One of the concerns is that They don't want people that are probably like drinking or partying or being loud because it is a really quiet neighborhood. All the neighbors are amazing and I wouldn't want to disturb any of this. I have under the Airbnb, there's a setting where you can either instant book or you have to approve all the bookings and this is what I'm planning to do to approve all the bookings because even myself, I wouldn't want any, parting people or allow people in my house that might be the possibility to trash the place or ruin our furniture. And the first few weeks that I didn't know we needed to do a rezoning, we had a couple of guests, and everyone was really happy, not only with the house, but with the convenience that they didn't have to pay two, three hotel rooms, and they have those additional resources to support the local shops in New Braunfels. Do you have any questions for me?

How did you find out that you needed a permit?

I got a letter. Basically we went live on Airbnb and then after two weeks I received a letter.

So did someone complain?

No, I think it's part of the city to monitor all the Airbnbs that go live on the city. Of course, I know it's a lot to ask and we don't plan to sell this property. This is probably going to be one of those retirement homes because we really like the community and we love the city. So basically, and if there's any condition that you allow me to do the rezoning, and if in any moment we decide to sell, they can cancel that. We don't want any profit, basically.

When was the last time you tried to lease the property?

Well, it's actually on the market for long term, but no luck.

Do you know if y'all are overpriced?

Yes, we are overpriced compared to other properties. But to be honest with you, this is a one and unique property. Most of the properties around the neighborhood, they're smaller. They're two bedroom, one bath between 800 and 900 square feet. This is a three bedroom, two bath, and it's almost 1500 square feet.

at $2,300 a month. Yeah. That's probably why it's not money.

It is a beautiful property. And like I said, we have a mortgage. And we actually thought about decreasing the price. And we did decrease the price last year. And it was expensive still. And in this case, I know most of the families that were our guests on the Airbnb app, they were really grateful the fact that, like I said, they had more resources to spend in the community and that they have a private and convenience place to just travel or attend events.

Thank you.

Thank you.

This is a public hearing. If anyone would like to speak in favor of this or opposed to this, please come forward. Seeing none, I will close the public hearing. Commissioners, questions, comments, motions?

Yeah, my comments, I guess, I think sympathize with the situation financially. I do think we have to, in my opinion, set that aside. You know, the real estate market as a whole is not what it was four years ago, and I think we have to be careful using that as a consideration because we could see this popping up in neighborhoods all over town, especially given the current climate. So my thoughts on that.

And in the notification, there were some neighbors that were objecting to it. Is that correct when I saw the notification, Matt?

Yes, sir.

We've had a couple of applicants like this that were looking to change it to CO and we've discussed that because it could also be changed into an office. And we've worked those over pretty extensively in the last two years.

So what's the distance of the closest STR, Mary?

700 feet.

But the issue is this is mid-block. In an R2.

Gotcha.

That and the other STR is in a different base zoning. It's in a light industrial zoning surrounded by light industrial commercial zone properties.

And what's the closest commercial to this? I know there's industrial.

The closest commercial is probably 150 feet away on the corner of, I think it's Pine and Wright.

There's that auto shop there on the corner.

I have a question for the applicant. So what was y'all's vision, or did y'all not know? Y'all just kind of got excited and started remodeling, or I mean, did you see yourself doing this?

Well, our vision was to remodel and lease it for a couple of more years until my father decided to retire, which he says he's going to do anytime soon, but then he keeps working. But it's been a nice experience now that it's furnished. Like I mentioned, we usually come two, three times a year. a month with the family and we love just spending time i mean it just has everything you know like the water park wine we have local coffee shops and it's just the community and i do not intend to i intend to continue with the values of the city of new ronfels i know how it's based and that's one of the reasons why we don't want to sell this property and we don't want to be forced to sell it because we really like this place right

So y'all's intention is to move into the house full time.

Correct. Yes. And like I mentioned, I mean, I understand one of the concerns maybe with the neighbors could be like loud noises. And most of the advertising that I do, it's to welcome families. And like I said, I have to approve all the guests. And not only that, we have security cameras to make sure that they're, and we have house rules as well, that if they're not followed, we can definitely, you know, just make them, you know, go away. And I mean, I understand this is like a huge problem. step since it's far from, that it's in the middle of the street, but if there's any conditions as far as being probably like if the property sells within the one or two years, we don't mind if you cancel this request or the change of zoning can go back to residential. Okay.

Did we open it up to public or no? Yeah, we did.

I move for denial.

I second it.

A motion, a second. Could we get a roll call, please?

Commissioner Nolte.

Aye.

Commissioner Rudy. Aye. Commissioner Taylor.

Aye.

Commissioner Mathis.

Aye.

Commissioner Allen. Aye. Commissioner Henry. Aye. Commissioner Brazier. Aye. Vice Chair Alsop? Aye. Chair Sonnier?

Aye. The motion is denied. Our application is denied. It will go forth to the City Council meeting. Do you know when?

That'll be September 28th. Okay.

Thank you. There's no further business. We are Adjourned.