Planning Commission - Regular Meeting

All right, good morning everybody. We'll go ahead and call the meeting to order. It is 9:01. Um, looks like everybody is here that's going to be here. So, we have a quorum. Um, I guess the first item on the agenda, I guess I'll start by saying that this is my last meeting. you know, roll off uh after a long tenure uh on this commission. So, I've enjoyed it and gotten to know uh a lot about the way that the the city works and our planning process. And uh just want to say I really appreciate uh Aaron, all your efforts and what you've been able to accomplish and your time is uh of running the ship. so excited about the staff that you've put together and you guys have uh really are doing a great job. So, thank you for all your work and and the staff as well.

Well, thank you, chairman, and thank you for your leadership for this group as well as just in the community. Um I know we're also excited that you're going to move to the U tears board. So, we're very excited as that. So, we're getting to keep your your knowledge and stuff, but you've done great work here and um we hope to continue that with the planning commission and continue to help our our community and citizens move forward with projects. Yes, sir. Thank you. So, with that, um I guess the first item on our agenda is nominations for a new vice chair and chair. Um so, I'll go ahead and open it up for nominations for a chairperson. Um, I would like to nominate uh Britney. Yes.

Uh to step into the role of chair. Second. Any any other nominations or discussion? All right. So, we'll uh call for a vote on that for Britney to step in as chair person of the of the planning commission. All in favor say I. I. I. Any opposed? All right. Congratulations. All right. Is it official? So, I think uh and correct me if I'm wrong, but I think Brenie will take over now, right? As a No, no, I don't think so. Okay.

All right. Well, on um on that note, we will um go ahead and elect um the vice chair. And I'd like to u put a nomination a nomination in for Shane Mai who I know some of you are not familiar with him um but with his um past experience on multiple other committees um through the city on his volunteer work on um some of our uh lotsiz resonings and some other boards he's been a part of. I feel like he's a very strong candidate um to be the vice chair of the committee. Can I have a sec? Oh, thanks, Candy.

All right. All right. Do we have any discussion or thoughts from the rest of the group? Okay. If there's no other comment, then we'll call for a vote. All in favor? I I Right. All opposed. All opposed? None. All right. So, Shane, congratulations. You're a new vice chair. Okay. So, I'm going right

public comment. Okay. So, at this point, we'll go ahead and open up um public comment. Any issues or concerns not on the regular agenda may be raised by the public at this time. Citizens should speak from the podium, address all comments to the dis and begin by stating their name and single member district or address. And please um we've got a lot of participants here today so please limit your remarks to less than three minutes. Do we have any general public comment? We do have one signed up uh Lewis Fawn I believe I defer until item number three. Okay. Okay. That is it. That's has signed up. Pardon?

Okay. Okay. So if there's no further public comment, we'll go ahead and close public comment and move on to the consent agenda. Uh the consent agenda may request uh for consent agenda item to be moved to the regular agenda for presentation and public comment. Otherwise, the consent agenda will be considered in one vote. All items on the consent agenda have been recommended by approval by staff with no opposition received to date. Since some of the items on the consent agenda may require public hearing, the commission will accept public comment on any item the consent agenda in one public hearing. So with that being Oh, can you speak to

I'm so sorry. Yes. Thank you. Okay. So with that, do we have any um comments from planning commission on meeting minutes from November 17th? Okay. So make um can I have a vote please on approving? I make a motion to approve. I'll second. Okay. All in favor? I sorry. Are we voting for the whole consent agenda item or just the one?

Oh, did you want me to read the whole thing in just as one? Okay. I'm sorry. So, we're going to um have a a vote for the meeting minutes from November 17th, December 15th, and the third replat of Ardan Acres Block 3, Section 3. Motion to approve. Second, all in favor? Well, before you do that, ma'am, uh chair, be sure that we ask for public comment if there is any public comment on the consent items. Sorry. Is there any public comment on the consent agenda? Um, no. There's not. Okay. Thanks. All right. We'll close public comment and go back to our motion to approve this present.

Oh, is there a coffee pot out there? I know. I know. Talk about botching the first one. Sorry, guys. All right. So, make a um we'll go ahead and we voted. All in favor?

I. So, closing the consent agenda. Geez. Hopefully, the rest of this meeting will go better, guys. Sorry. Okay, we'll move on to the regular agenda, which is resonings and the comprehensive plan amendments. City Council has the final authority for approval of resonings and amendments to the comprehensive plan. Our first item is CP25-03 East Avenue K and Dugan. This is SMD number three. There's a request for approval of a comprehensive plan amendment for industrial to neighborhood center located west of the intersection of East Avenue K and Dugan. Good morning, Ray Lineberry, lead planner. Um, so this probably looks familiar. You received the resoning um last month. This is now the comprehensive plan amendment to go with the resoning. Um, it is East Avenue K on Dugan Street. The is that the west side corner? Um the neighborhood is Fort Koncho district 3 Harry Thomas. The current zoning is general heavy commercial. They requested to reszone to um multifamily low-rise residential. The vision plan is neighborhood center and industrial. So the request is to remove the industrial and just have the neighborhood center which does support the low-rise multif family. With that we mailed out 25 notifications. We have not received any in favor or opposed. Um the lefthand side is the current zoning which again they had a reszone come forward last month for RM1 low-rise mo multif family and the right side is what we are changing. We're just going to bring over that neighborhood center to encompass the whole lots. So with that staff looked at it and um the proposed multifamily is compatible

with the neighborhood center vision plan. Um there is a demonstrated need for more housing. Uh and the multifamily development will act as a buffer. And I'm going to go back one. If you remember, um this this doesn't show it, but this area down here was just reszoned also to multifamily and the comprehensive plan also was moved to neighborhood center. So with that, staff is recommending approval. Is there any questions? Any questions? No. Thank you, Ray.

Okay. So, we'll go ahead from here and um open up for public comment. We have any

We will be the uh developer. Do I need to say what my single member district is? All that stuff. Zayn Willard. Single member district. What am I? One. You sure about that? He he always knows the details. So, yeah. So, we we we're the ones that have done the one across the street on Avenue K. Uh just doing single family condos. So, we have the ability if we ever want to condo them out in the future. Uh part of our vision over there is I mean, it's just been a an area that has had no life for a long period of time. If anybody hasn't driven by to see what we're doing, I think it's coming along and looking great over there. This will be something very similar right there. We just request y'all's approval of it. Any questions? Thank you.

Thank you, Zane. Okay. Is that the end of public comment? Okay. We'll go ahead and close public comment and open up for discussion or a vote from the commission. I'd like to make a motion to approve as presented. Second. Okay. Motion by Shane, second by Lynden. All in favor? I.

All right. So, it passes 70. Man, I do have a full party today. All right, so we will move on to our second item, which is Z25-29, lots 1 through 33, Sky View Lane, which is SMD number six. her request for a zone change from zero lot line twin home and town home residential which is RS3 to low-rise multifamily residential which is RM1 classification located across 33 lots along Sky View Lane.

Good morning Ray Lineberry, lead planner. So this is a reszone request. Um it is in the neighborhood Bluffs and District 6 Mary Coffee. The current zoning is RS3 which allows zero lot line twin home and town home residential. The vision plan is neighborhood and they are requesting to go to low-rise multifamily residential RM1. Um the current plat and the current buildings that are there on a few of those lots are town homes. Um I believe they are going to continue with town homes. Um, so it does fit in the low-rise multifamily because town homes are allowed. We mailed out 15 notifications. Um, it says two up there and I have two more at my desk or at my chair. So there are four opposed. The current zoning is RS3 and then the vision plan is neighborhood. I did this one as a kind of a more overhead shot. So we usually like to think RM1 is a buffer between commercial and residential. And you see all that commercial down below. Um so I'm also going to go back one. So FM2288 is also a major arterial and so again staff believes RM1 is a buffer from a major highway um before residential and then the other side is a site picture. So with that oh h my analysis I should have jumped ahead. So I already mentioned the major arterial and it acting as a buffer. Um and as far as I know they don't plan on changing the

housing type. they are just going for RM1 which does allow town houses. Um we do believe that multifamily development is compatible because again it it is so close to CG. It is along a major arterial that acts as a buffer to all those single family homes in the back. So with that staff is recommending approval. Is there any questions? I just have a couple um just to clarify a a few things. So you you said that this tract is already platted. Correct. Correct.

So conceivably, I guess if they were to want to come put, you know, a larger um dwelling on the property like an apartment, they would have to replplat. Correct. So, the RM1 um designation, I guess, just allows them to um what what exactly does that accomplish? Um I believe the applicant would like to have an STR. Okay. Or short-term rental. The option, I guess, for any of those. Okay. Yes. Okay. That's all I had.

Okay. And then just for clarification for the public, Ry, in RM1 zoning, the applicant can have multiple STRs next to each other within the 500 buffer does not apply and then which they still have to do their hot tax and everything with the city. They just don't have to go through the additional steps. They do not have to come here for conditional use. Okay. And then in RS3, we follow a 500 foot rule. Okay. Yes. Thank you. Mhm. Do you know if there are any short-term rentals within 500 ft right now of any of these? There is not. Okay. Any other questions? Okay. Thanks, Ray.

There is a lot of public comment for this one. So, if you'll bear with me for just a minute. Well, on that note, we will open this up to public comment. Again, please, we know that there's a lot of um people with thoughts. Um, but if we can limit our comments to uh 3 minutes or under, we greatly appreciate it. Um, Zayn, do you want to go first or you want to go after everybody? Zane Willard, single member, district number one. The question about the 500 ft. Would there be any other houses within 500 ft of here?

Um, I'd have to I'm guess I'm not understanding the question. So, if there's if it's only ever 500 ft that you can have a short-term rental, would any of the other houses fall within 500 ft? Um, I'd have to measure. Can we go back to the slide that shows the plat, please? Oh, I had the clicker better. Look at that. I thought ahead. That's a great question because I never really thought about it that way. Yeah, I I believe a few on the end there are.

Okay. So, the the primary reason for going RM1 versus RS3, nothing will change in terms of the the type of house we're building. It'll still be the same. Uh we've had multiple inquiries for for people looking to purchase them. They like the flexibility of having the STR by right and the way the the I don't know the process was that the planning commission, city council, whatever by right. They've changed it now for if it's RM1, you can get that without having to come through planning commission and go through all the headaches in that regard. Uh St. Angelo's definitely got a shortage of high quality rentals. If you look at the hotel motel occupancy right now, we said about 60%. That being said, if you go to the I got to be careful how I say the the newer, nicer, higher quality hotels, they're at 100%. So, when you go to the older ones that are built in the let's just say before 2000, yeah, some of those aren't staying filled up on a regular basis, but when you go over there to behind Home Depot, they're 250 a night, 100% occupied. So, the people that have purchased any of these that have STR ability, they're they're filling a demand for for people that are traveling to St. Angelo, a lot of them are traveling professionals that aren't staying there for one to two nights or stay for a week to 10 days. So, we've got a pretty good demand for people looking for that kind of home that they can buy. That was the reason for the request to change it to RM1. That being said, we've also got several people that are looking at them for just they want to live there. You know, they're smaller, they're they have a smaller yard, less maintenance, that type thing. U any questions? if you did short-term rentals there, uh, which I know is not what we're talking about, but, uh, is there a certain number that you're thinking of? Well, I wouldn't do any. So, if you do, all we're doing by changing the RM1 zoning

is if you buy one by, right, you can come in, ask the the permitting office to give you a permit. In that regard, you'll you'll pay the hot tax and all the other thing. It keeps everybody legal and make sure that they do it the right way. I mean, we're just trying to make sure that they follow the rules. So, more of a sellability standpoint than correct necessarily your action.

No, not my action. I'm still just a builder building it, but it gives and and I think we got several people here that have, you know, they've expressed an interest. They bought some of them that have that zoning and they know that it makes it a lot easier. It also makes it easier on the the office up here because they don't have to come in here and have to go through the the turmoil of coming through here every time that you have to come ask for a an STR permit in any neighborhood. That way, if anybody buys one before they purchase it, they're going to know that that their neighbor could turn that into an STR. The the best part about an STR from what we've observed is that you have to keep it nice, clean yard mode. There's, you know, if you do a monthly rental, there's really no, you know,

there's no incentive. Yeah. You Nobody's going to rent it if it looks like trash. Yeah. Correct. Okay. Um, Will Barnes.

Hello. I'm Will Barnes. I'm single member district number one. Um, just wanted to talk on the RM1 reszone. In my opinion, I have investors that do have short-term rentals and they love them and they stay occupied. The people that stay there are usually there for a day or two. They're not there forever. But um we do have some that want to have fully furnished that might be there a week, 10 days up to 30 days and after that of course it's in a different deal. But I like the flexibility of RM1. It doesn't it gives homeowners choice and so that's what I'm for. So that's all I got. Okay. Um, Mickey McBroom.

Good morning, Mickey McBrroom. I live on Burlington, right behind where all of these are being built. Uh, got a couple of questions. If I can ask questions, I would appreciate uh to know. If not, I'll just sit down. Uh the change from the previous zoning that we sat in here last year and argued over and got got a new zoning and what we're changing to now. Did I just hear that none of the buildings are going to change? Correct.

Why does the number of lots look different? Maybe it's just the way the way it's looking to me. But is there less lots on the zoning versus the vision? Oh, no. Um, so you're not looking to build more buildings? I think you're just missing a couple address numbers. Yeah, with where it says that. Okay. I I hope that was the case, but I I wanted to make sure because I got to live there. Has anybody ever lived next to a short-term rental? Yes.

Anybody? I have. It's not as nice as you say it is. It's a constant state of moving in, moving out. Noise changes every week. Yeah, it does. So, you don't have to. If you got a bad ren, they're gone in a few days. But it's a transient environment. You never know what you're going to get when you wake up on Monday morning. Would you like to have your house at 617 Burlington? Would that be something you'd be willing to retire to live in for the next years? I hear a lot of approval. The developer that spoke the last time we were here did a reasonably good job of talking to us when we were here, showed us pictures of what he wanted us to build, and then made a commitment to me that he would knock on my door the next week and he would knock on every door in Burlington and make sure everybody was comfortable. It's the first time I've seen him. All he wants to do is build houses, collect his money, and then walk away. Let's be honest. Everybody wants to make money. That's not good money. That's not to the good of St. Angelo. It's not. So, that's my opinion. Mark me as I do not approve. Thank you.

May I ask um the applicant really quick one question? Zay, do you mind coming to the podium? Okay. um behind Skyline. That's like a draw area, correct? Between that like between where Skyline is, like your back row of homes and then the homes that back that on Burlington. Is that like a dry creek that comes down there or what is that? Yes, ma'am. If you come down uh Stratford, all the drainage off of Stratford comes up and goes down between the Sky View Street and then it comes down between when you see 601 and 2970, there's a little draw through there. And if you go to the culac on Burlington, there's a there's a pond over there where it all dumps into.

Okay. And then um as far as type of fencing that is going to be erected, is it a sixoot privacy fence on the back of your lots? the ones on on the on the FM2288, we're just putting those up right now. They're putting 7 foot uh privacy fencing up right there. The ones on that side, they really go up to the kind of the edge of the bluff and and we had decided what we do. There would only be 10 foot between each house. There's really no backyard back there. So, there's no place for anybody to stand or hang out back there. We'll probably either do a wall or a 7 foot privacy fence. So that's kind of the the design. And when we were here last time, that's what we talked about. Try to keep most of the windows where they face cuz there's zero lot line. You only can have windows on the on the side that's not the zero lot side. So

Okay. So as far as there's not a patio off the upper story of the back overlooking anything or and as you mentioned, it's going to be sideyard, not rear yard. Correct. Okay. Did anyone have any other questions while Zay's up? Okay. And then thank you Zayn. Yes, sir. If you'd like to come back to the podium. Privacy fence. Zayn, did you specified it was going to be a seven foot privacy fence? So, is that a wood construction?

Yeah, wood at this point. I mean, we could go back we we've done several of them where we did these on the zero lot where we come in, we'll do like a brick fence between them. My preference is if I can afford to do it is to do anything that's that's stone, brick, something like that. It just if you drive around St. Angelo and if you drive through uh the bluffs, probably the biggest eyesore in my opinion, this is just an opinion, is is the fencing. You know, cedar fences in St. Angelo, Texas don't last very long. We have pretty extreme conditions. Last week it was 10 and here in 3 weeks it'll be 110. So, they just they don't last very long. So, if I can do a a brick fence, a stone fence, something like that, that's what I'll do. I don't know for sure that it'll work over there, but if we can, that's that would be my preference on those. From anybody that lives in the bluffs, the only way they'd ever see anybody is if they were standing at the back between that 10-ft gap. Otherwise, they're going to be up on the top away from them. There's a pretty good buffer in terms of if somebody's coming or going, they're just not going to know it.

Okay. Thank you. And chair chairwoman, I just want to remind everybody, we are just talking about the zoning. Yes, zoning cannot be conditioned and so we can't obligate the the property owners to do any certain things within the zoning. Okay, perfect. Thank you for the clarification. Okay. Is do we have additional public comment? Um Lewis Fawn, was this the one you wanted or the next one? Next one. Next one. Okay, then. Nope. We are done.

Okay. On that note, I will go ahead and close public comment and open up for discussion or a vote from Oh. Oh, I'm sorry. I I'm so sorry. Yes. Sorry. I'm so sorry. Was he signed up? Okay. I'm sorry, sir. You You didn't make the list, so I didn't mean to cut you off there. If you could state your name and single member district. I'm David Duncan. I live out in the bluffs and also I own this property that's within this uh notification zone right here. Is that all?

I also I'm one of the people involved in developing the bluffs for the last 30 years or yeah, more than that really since 1985. And I wanted to here just point out uh that the nature of that Burlington strip right there has been always pretty private. Though a lot of people don't realize it, but those ponds are not public property. They're private property. We have signs that say private property. No trespassing as a as a practical matter. I mean, there are over a thousand people that live out there. And it's for the benefit people live out there. Nobody I don't know who I wouldn't know if somebody's a um lives out there or not driving by and the people that live there don't care either as long as they don't cause any problems and they uh my name is actually on that David Duncan trustee but I don't own it. The reason I'm a trustee on it is that he, Philip, who owns it, Duncan, um, actually wants me to kind of keep the peace out there. So, if I get a if I get a call from somebody that lives out there, I go down and look, I generally call the police. Uh, and because it's private property, I don't have to have any reason whatsoever to ask them to leave the property. And the people like it that way and they don't want it public because if it was public you couldn't do that. Uh now actually the point I'm uh here to make is that if you go out there and look and we'll walk on the back of of where this is going to be built and I don't really have any objection to it being built there except that this property towers above the bottom below it the part below it and it's very close. I mean, if it's not 500 ft, I'd be I don't know if that was even I'm deaf, too, so I don't but uh I would

suggest here if if and I would like very much for the people that live out there and the people who are building this to come to an accommodation and that the thing be a great success. But I would I would propose that they consider the people who are uh developing it who I think are very good uh and I realize you can't make modifications on this but possibly they can come to an agreement go with the people who live out here is to restrict the line of sight from that anything that comes above there so you can't see below say the top of the roofs below there swimming pools down there uh I wouldn't I guess one thing I'm I'm saying is that this is if that allows another story especially which I does it allow another story a third story

no um it's lowrise sir so two just two story just two well then it would make it easier to do that uh to you with a fence with whatever it takes to restrict that line of sight from the windows and the patios or whatever there is in back of those uh buildings. Ray, could we reflect back on the one photo you had? I think the unit was green. There it is. Because otherwise it's going to change the nature of that neighborhood and it's also going to hurt their privacy.

So if I'm looking at this Ray, the back of that unit is that backing 228. Okay. So, and are there windows on the back of that? From what the applicant stated, I believe they're just on the side and the front. Correct. And I would say this too that I mean as a developer sometimes I would uh have an accommodation with something would come before a commission of some type here and uh I would I would agree that I if I owned it would uh restrict it for at least as long as I'm alive. I can't go past that because I don't I'm not the only owner out there. But u I would put it in writing with them like I won't do this or I will do that you know restrict the line of sighting even if it doesn't even isn't an official thing would give some comfort to those people who live down below. I'm just I'm just suggesting that

okay thank you sir. Do we have any other public comment? Nope. Okay. On that note we'll go ahead and close public comment and open it up for discussion or a vote within the committee. Yes, I would. Um, Ray, you said you had um uh other um opposing information. Could you share that with us? Um they just marked the opposed box. Okay. Um 613 Burlington Road and 615 Burlington. Okay. Okay. But no comments on it. Okay. Thank you.

And again, just, you know, keep in mind, commission, this all this is is a zone change. It's not changing the physical structures that the developer is planning on putting on the property. Um those already fall under the RS3 current zoning classification. This is only just to move to RM1 for um resellability. I'd be curious to know, sorry, I never remember to turn that on. I'd be curious to know if the opposer, the remaining opposing neighbors are worried about the STRs, the short-term rentals versus the construction of the actual property.

So, and keep in mind again in RS3 you can have STR. You just have to go to the planning commission, fill out the correct application. I think maybe that's what my question would be is are they worried about multiple STRs having let's say I bought seven of those lots and I turned all seven of them seven of them into an STR. So I don't know 100% but just looking on my phone it looks like you could probably have about two right now with the 500 ft distance. So I mean right now there's already allowed two on opposing ends as long as you know one of the people on uh that backing road did not have one. I don't remember the name now. Burlington.

Burlington. Right.

To to me, I think when you look at the location uh of this piece of land and and just the shape of it and the um kind of just natural restrictions that there are as far as what you could do with it. Um it's pretty it's pretty limiting and it and it fronts an arterial road. um it's very close to uh quite a bit of commercial uh development and so I think a residential maybe higher intensity residential area makes sense and I think what has been developed there already and is not necessarily going to change just maybe the allowable uses in that um are probably the the most ideal use of that land for the for the surrounding neighborhood. But um you know the biggest question is going to RM1 um and allowing you know basically unlimited STRs and there's obviously a lot of diff different opinions on on that uh in the community and we've had a lot of those discussions over the years and what the impact of that is on the surrounding area. Um but you know I think it's a good use of the land. Um, I would just I don't think that there's anything that we can do as a planning commission to condition uh this or add anything, but just as a practical matter, I mean, I just encourage Zayn to reach out to the surrounding community and just kind of um, you know, as a as a olive branch to you know, let everybody understand kind of what's going there. I think they're going to be uh as far as I can tell, I mean, very nice looking uh well-built houses and and it'll be a um you know, a good addition to the area. Um but I think it's always good to have the uh

the the surrounding neighbors uh in your court and uh instead of, you know, maybe having them have some opposition. So, back to you know, Mr. Duncan's comments. I think maybe reach trying to reach some kind of a consensus and understanding with the with the neighbors would be would be good. That's just a personal recommendation. I don't think there's anything we can do from the planning commission standpoint as far as that goes, but it's always nice to see the neighborhood come together. Yeah, definitely.

Now, I I have a a question maybe for staff. Um I mean really this is within rights to do such to reszone and all that. Um if we oppose I mean we'd have to have some sort of valid reason. Correct.

So whatever recommendation you guys do today then goes to city council. City council has two readings to do to do it and then has final authority. So we take your recommendation and let them know. Um with the possibly with the amount of opposition and your recommendation, it would probably have a super majority vote at city council or require. Okay. So the the public has another chance to come and talk another two times about this even if it does pass today. Correct. Just so they know. Okay. Okay. That's a great question. Thank you. Any more? I'd like to make a motion to approve as presented.

Okay. Motion from Shane. Second. Second from Liz. All in favor? I

I any opposed? No. Okay. All right. Passes 70. Okay. Item number three, Z25-30 Century Park Edition Track 2, which is SMD number one, a request for approval of a zone change from neighborhood commercial to low-rise multifamily RM1 zoning district for 1.17 acre property at the intersection of South Bryant Boulevard and Century Drive. Austin Reed, senior planner. This one comes to you out of the Rio Vista neighborhood. It is district number one, Tommy Heers district. The vision plan says that this is commercial. Uh the property is a little bit over an acre and what we have, as you mentioned, is a request for a zone change from neighborhood commercial CN to low-rise multif family. So, we did send out 10 notices as we were required to on this. We did not receive any official responses. Um we had some nearby property owners who were asking questions, but they didn't um return in support or oppos. So, here's a look at our zoning and our vision plan. On our lefth hand side here, we have the zoning map. You can see that this pocket of neighborhood commercial is surrounded by a mix of zoning districts. Um, across the road, we have general commercial, heavy commercial, and then down there is CGCH. And then we have some mostly undeveloped ranch and estate down there to the south. And then to the east, right down century is um some more existing multif family zoning. As you can see in the vision plan, this is pretty much entirely commercial. Onto our rationale. We do think it's compatible with the surrounding area. It's located on a major thoroughare. That's South Bryant there and it's surrounded by a mix of commercial and other residential and there's existing multif family down the road as you just saw. U we do think that this would help towards a demonstrated community need for multif family housing and there should be no adverse effects on the natural environment. So with that we are recommending approval. Do you guys have any questions?

All right. Thank you Austin. Thank you. On that note we'll open up for public comment. Do we have anyone speaking right now? Zane. Popular guy today. Yeah, you bet. Zayn Willard, single member district number one. Have y'all read this? I can't see. Yeah,

the 20 the St. Angelo Resentel Housing Study 2024 update. I highly recommend it. So, we uh I run around town looking for these little oddball pieces of property that just have had no value for a long period of time. I love your comment. We have a one going on Waco Street right now and the lady next door to us opposed us. She then came to us after we've got them standing up and she's wanting to buy one because she realizes how nice they are, what they've done to improve the value of her property and she just didn't understand it. She's like she went down the street. We did some on Houston Street that were I had four we we did a little thing online. We had 43,528 views in 24 hours. I had over 300 phone calls people wanting to buy these things because this little study right here basically all it says is that our city needs to allow more flexibility, less myopic thinking about doing it the old way we've always done it and make it more affordable. It's a number one driving factor that hurts any community. So, we're trying to create affordable housing. So, this little property right here that's in question, it's a Long Bryant Boulevard. We've asked for RM1. Once again, we can sell it for single family home. It'll be a zero lot light construction, but it's one plat condensed. Mr. Fawn's going to get up here and speak in a minute. Y'all going to love listening to him. He's a he's a he's an attorney, so he he's very articulate, but he bought this about 30 years ago. He's been trying to sell it for 30 years. I'm the first person that's ever wanted to buy it. I mean, we're trying to turn something into something of value. It helps everybody. It creates work. It creates taxes for the city. Uh ensures everybody has a job, creates prosperity, and it provides housing. And so, uh, long term,

you also have the added benefit of all the workers have to come maintain things. So, uh, I kind of went on a little rabbit hole right there. But this thing right here, for those that haven't read it, it ought to be, "Hey, for all new members, you ought to give them a copy of this because I ask that question a lot." And a lot of times people don't even know it exists. I don't know what it costs, but I'm sure it wasn't cheap. And it is very, very good and valuable information. I go to it all the time. And so, uh, any questions of me about this one right here? No, because I can stand up here and talk about this all day long. This is what I like to do. Thank y'all. Thank you, Zane. All right. All right. Lewis Font.

Good morning, friends.

I've been an attorney in St. An a little over 50 years, and I've had this property for like 25 years or so. Uh Zayn Willard did not approach me to buy this property. I sought him out. And the reason I did was driving through around St. Angelo like I do every day, I see the same things that y'all see, no matter what streets you drive up and down. And I kept seeing these rows of very nice, newly constructed houses that I thought were really crisp and clean. And uh I thought that's what I'd like to have on Century Park. So, I stopped there and I walked through some of those under construction and I looked at the I found the sign advertising that subdivision and I took a photograph so that I could give a call to whoever these people are that are building these houses. So, I made the call and I spoke to Zayn and I said, "What's going on? Tell me about these houses. I've walked through them and they're top flight construction and um and and I got to talking to him and he said, "Well, yeah, I'd like to take a look at that." Well, it wasn't properly zoned for what I was wanting to do with it because I'm as civic-minded and spirited as all of you are. I want our city to do well. I want nice things in our city. And every one of these houses that Zayn and Dee have built are just top flight. And I thought that makes our property look better. I don't want I don't want a strip center at that place. I want my neighbors to be happy with it because that whole neighborhood is multifamily and single family dwellings that are of great quality. If you drive through Century Park, you will see in a subdivision that we can be proud of. And it's been that way ever since they've built it. So, if I if I drive by there and I see some of the houses that Zayn and Deed are going to build, I'm going to be very happy about it. I think you all will be too because it's going to really add to

the visual aspects of our community and I I hope that you all will improve it. Thank you. Do you all have questions for me? Any questions? All right. Thank you, sir. Appreciate you showing up today. Thank you all very much. That's it. All right. On that note, we'll go ahead and close public comment and open up for discussion or a vote. I'll make a motion to approve as presented. Second. All right. Motion by Lyndon, second by Candy. You are fast on that. I know. All in favor? I passes 70.

Um, okay. Our next case, Z25-31 1805 South Bryant Boulevard. Uh, request for zone change from general uh, excuse me, general heavy commercial um, and light manufacturing to general commercial zoning district at 1805 South Bryant Boulevard.

Thank you. Austin Reed, Senior Planner. This request comes to you from the Rio Vista neighborhood. Again, uh this one is district number three, Harry Thomas' district. The vision plan says that this is commercial and the property here is about 75 acres. What we have, as you mentioned, is a request for a zone change from a mix of light manufacturing and CGCH to low-rise multif family. So, we sent out 14 notices. Uh did not receive any official responses. Once again, we had some surrounding property owners who were asking questions, but they didn't uh return anything. So, here's a look at our zoning and our vision plan. On the left here, you can see that mix of light manufacturing zoning and the CGCH zoning. Both of those have probably been there for a very long time, but we know that this functions as commercial and not so much manufacturing. The vision, as you can see, is is entirely commercial up and down the South Bryant Boulevard uh corridor. Onto our rationale, we do think it's compatible with the surrounding area. Of course, it's located on a major thoroughare and it's surrounded by existing commercial businesses. Um the South Bryant corridor is a needed and long-standing commercial area of the city and there should be no immediate adverse effects on the natural environment. So with that we are recommending approval. Do you guys have any questions about this?

Any questions for Austin? The building that's on it right now. What is it being used as? I'm not aware of it being used for anything. Uh and I'm not aware of what the applicant's intentions are either. I think this is really just kind of a a cleanup case to kind of make way for whatever they'd want to do with the land or that existing building. Think it's it's where u old pit was, right? Right. Okay. Yeah. So it's restaurant on either side of it and then this is the pad side I guess where u the restaurant was previously and then access from Avenue in behind it and but the other structure the building on that

yeah the building at the back has had some occupancy I think a real estate agency had it there for I'm not sure that it's occupied at the moment though. Okay. Okay. Any other questions for Austin? No. All right. Thank you Austin. Thank you. We'll go ahead and open up public comment. I do not have anybody signed up. Okay. We'll go ahead and close public comment and open up for discussion or a vote. I make a motion to approve. Second. All right. Motion by Liz, second by Luke. All in favor? I I

All right. 70. So our next case is Z25-32 and CP25-04 3089 East FM2105 which is SMD number four. A request for zone change from ranch and estate to heavy manufacturer zoning um in a comprehensive plan amendment from neighborhood center to industrial located at 3089 East FM2105. Good morning. Ray Linberry, lead planner. So, this is a reszone request with a comprehensive plan amendment. Um, the neighborhood is Paul Anne, District 4, Patrick Keelley. It is currently zoned R& and the vision plan is industrial with the neighborhood center at the very top corner right here. So they are requesting to reszone from R& to heavy manufacturing um with a comprehensive plan amendment from neighborhood to um neighborhood center to industrial. This is the lot right above the landfill and it is um on the edge of the city. So with that we mailed out 12 notices. We have not heard back in favor or opposed. again um the zoning on the left, ranch and estate and then the vision plan on the right. It is mostly industrial which will fit the reszoning. Um and so we are trying to move the vision plan to include that corner that's neighborhood center the vacant lot at the moment. So that is a picture. The subject area is entirely undeveloped and it's located right along the city limits um to the south of the landfill. There are some manufacturing businesses

already around it. So in a light or heavy manufacturing zoning is um compatible with the area. Uh the industrial type development we believe will continue expanding in that direction and we do not believe there's any adverse environmental effects. So with that staff is recommending approval from ranch and estate to heavy manufacturing and then a comprehensive plan amendment of neighborhood center to industrial that is there any questions? Can you go back to the um vision plan slide

and Ray is this is the area that they have the future expansion of the rail port. Is that correct? And the rail ports directly to the west of this to the west. Mhm. Okay. Thank you. Okay. All right. Any questions for staff? Yes. Where? Sorry, I'm losing my voice. Where is 208 to that? I'm trying to vision where that is like highway 208. Um, if you're looking at that, I believe it's further west. Further west.

So, this is between 208 and 277 as far as north south. This is just north of you can see old Ballinger Road that would connect into 277 just north of the landfill area and you can see the railroad that goes up there and stops about uh FM2105 into our rail port area. And then Ray with the neighborhood center up in the top corner. What was the rationale for that? Um, neighborhood center is always put at an intersection thinking that it would lead out to neighborhoods and it would kind of act as a buffer. Okay.

And our master thoroughfare plan, Covington and um the other road that I'm not going to try to attempt to say its name starts with an S there. Those are classified as as major roads. They're not built that way today, but that was the intent back in 2003 when the master thoroughfare plan and the vision plan came through. But as you know, we're going getting ready to get into our comp plan revisions and this will be an area that we reexamine to see if neighborhood center makes sense. Okay. So, with that um with the resoning, does that trigger anything on having roadwidth change or nothing at this point? No, nothing at nothing today. That would be a plat process and it'd have to be a final plat process.

Okay. Thank you. Any other questions for Ray? What are all those properties um north of modal being utilized for? Is that these right here? Yeah. Um a few of them are homes, but there's a couple that are farm agricultural. Um that's all I know. This is city-owned property, correct?

Correct. Um so the city limits kind of um goes around it there. Uh everything on the side is not in city limits. Okay. All right. Thank you, Ray. Then, do we have any public comment on this one? Okay. So, go ahead and close public comment and open up for uh discussion or motion. Make a motion to approve. Second. All right. Motion by Luke, second by Shane. All in favor?

I 70. On that note, we'll move on to subdivision plants. The planning commission has final authority to approve. Appeals may be directed to city council. Our first case today we'll hear is PP25-05 South Plains Lame Mesa Rail Park which is SMD number four. A request for preliminary replat or sorry preliminary plat of 316.987 acres to create two lots. Lot one being 247.442 acres and lot 2 being 61.943 acres. South Plains La Mesa Rail Park under ranch and estate zoning and located at 3089 East FM2105. So this is going to look familiar, really familiar. We just discussed it. Um so we just did the reszone. This is now for a preliminary plat. Um the city is looking at um breaking it into two different lots. So this is a Paulian neighborhood district 4 Patrick Keley. It is currently zoned R& with the zone change request that you just had and the vision plan is industrial and neighborhood center. Um they are requesting to preliminary platted into two lots again ranch and estate industrial and neighborhood for a vision plan and this is the preliminary plat. Um, the city is going to keep lot two and I believe is looking at selling lot one. And with that, staff is recommending approval of the preliminary plat. There are no conditions on this preliminary plat. Um, there are no road improvements. Final platting is what would trigger all the road improvements and utilities and that type of stuff.

Okay, perfect. Any questions? It looked like on the survey or the plat um there's a there's a road on the east side. Is that Cington Road? Is that Cington? And then there's Cington, right? Shortner, I think goes to the lot next to it. So, okay. I was just making sure this city's not landlocking itself. Nope.

No. And there's 50th to the south. And the city is dedicating the ride ofway through this plat for future improvements. The other thing to notice on there, there's a 5 acre utility easement at the top. While we don't have any utilities there at this time, we are looking to the future that that is a possible possible site for any elevated storage for water if necessary. Uh a 5acre site or if there's other items that need for utilities on this site in the future. With this track being somewhat close to the railway, did we have to get any approval through the rail commission or anything? No, ma'am. Okay. Any other questions for staff?

Okay. Thank you, Ray. And we have public comment. Um Blakey, if you want to say anything. No, he is here if you have questions. Okay. Anyone have questions for Blake on this? No. All right. We'll go ahead and close public comment. Open for discussion or a vote. Move to approve. Second. Okay. Uh motion by Luke, second by Lyndon. All in favor? I.

All right. 70. FP25-28 St. Angelo Coliseum Edition, which is SMD number two. Um a request for final plaid of 138.72 acres within the St. Angela Coliseum edition being lots 1 through 7 in a planned development zoning district located generally at 50 West 43rd Street and 4600 Grape Creek Road. A variance request for the block length for the eastern side of Grape Creek Road and a variance request for the maximum length allowed on deend streets.

Thank you, Chairwoman. Um Eron Venoy, planning and development services director. Uh so as you know the coliseum uh had a bond election this last year. They are uh through with their uh review of their building permit and getting ready to pull that and construction to get started. One of the things that was triggered was to replplat or plat the properties. The properties have not ever been platted but there's been lots of development out there. And you can see with the red lines what the city is trying to do is go ahead and take care of a number of the properties around uh the sol the the coliseum area and get them platted. You did hear the variances and we'll go over those in just a few moments, but this is a 138 acres. It's under a planned development for the zoning and it's generally located at 50 West 43rd and 4600 Great Creek Road. It is SMD number two, Mr. Joe Self, and this is in the Lake View neighborhood. So, I turned this which is maybe not all that helpful, but down here is East 43rd. So, this is a southern boundary. Over here is Grape Creek, which is going to be the eastern boundary. 50th or Lake View Heroes Drive, right here is the northern boundary. And then, of course, then there's these individual properties that are internal uh to the site. Uh starting here with lot number six, that is primarily a storm water detention area. Uh this lot number five is what used to be called the Red Barn, but is now leased to to ASU for their rodeo uh program. Lot number four is owned by the um the rodeo association. Then the city owns lot number three as well as this large lot here. And then there's a a lot right down here that fronts um this area right here where Cruz Street uh not Cruz but Quero Street, excuse me, Quero Street comes through and comes up and touches these lots that are internal. It

does touch lot number four and it does touch lot number five and it has the required um firerevention turnaround right there. So to talk about the variances the one of the variances is this is a dead end longer than 750 ft. It does have the emergency turnaround and the reason why we are requesting a variance for this is this is a large parking lot um here to the south. This is not the image that you you see the parking lot on, but we'll go back to that in just a moment. But if there is an emergency and 750 ft and you're trying to get people out, there are multiple ways out of these properties. Obviously, this has a parking lot that you can actually come back to 43rd and have multiple exits on 43rd. So, if something happened down in this area, you are still able to get out. That is usually the reason why in our subdivision ordinance, the variance for 750 ft is you're landlocked. you don't have other ways to get out. So that's why the city is seeking a variance for that. Grape Creek, this was improved, I want to say around 2011 2012. Um it does go longer than our block length. Our block length is 2200 linear feet. You can see on the eastern side we do have roads that come off, but between Lake View Heroes Drive and 40 um 43rd on the eastern side there are no streets, no public streets. Again, that is for circulation of vehicles. Fortunately, this again has lots of parking lots that have connections and areas that you can eress out if necessary. And so, at this time, the city believes that a variance is warranted to not have a street cut through this large property that's not going to really make a strong connection for circulation for vehicles. Particularly for the nature of this lot being the coliseum, the fairgrounds and and the stock show area. Uh you really don't want a lot of people just driving

their general traffic through that area. Here it is with the structures uh outlined on there. You can see the coliseum and the other the associated barns. You can see that we did reserve some area back here for future utilities and our current utilities. Um so that they do have their own separate lot back there. Again, here's our uh vision plan. Uh we did come through with a resoning with those four lots on the right. They are part of the plan development. Uh now, with that, uh city staff is recommending approval of the St. Angelo uh coliseum edition and approval of both variances. We do have a number of conditions that are standard. Uh again, if there are any necessary utility wastewater sewer services to send to those properties that those would be done. uh they are we are going to submit a drainage study uh and make any required improvements or really a revised drainage study for the area. The street improvement to Quero Street that's that deadend street we are seeking a deferral. It currently has uh some asphalt on it and is functioning uh very well for the use that it is although it was dedicated years ago as a public street. This plaque kind of rededicates it. We would like, we are seeking a deferral to add that into one of our capital improvement programs over the next decade to see when we can actually uh get it uh paved with curb and gutter at at that time. Same with uh the next deferral. And with Lake View Heroes Drive, um there's a portion of it at the north end that is narrower than the remaining part and we are looking to add that into our capital improvement program as well over the next decade and are seeking a deferral uh to trigger that at that time. the sidewalks on 30, excuse me, 43rd Street. Uh we are seeking a deferral, but as if some of you may remember about a week to two weeks ago, there was an announcement that uh our operations and public works

department received a grant to do sidewalks and streetscapes in this area. They are going to be taking care of that portion of this when it when they get up to that area as well. And then the last thing, which is a typical note for our our plats, is add a hydrant where necessary if there's any hydrant. there are hydrants on the site. Uh it really would be if there's any new development or or projects that come out there that they may need to add a hydrant, but it's a typical comment that we have. With that, I'll be happy to answer any questions. I'm going to go back to maybe that one. I just have one question on the deferrals. How's that noted on the plat so that it is captured in the future that it's a requirement? It is a separate document that is a contract that we do that uh it gets filed with the plat down at the county. Uh and so anytime anybody pulls the platter or that information, it gets that information is there that it's a requirement. We also put this in our land file and so any piece any one of those property IDs that pops up, it will show that it has a deferral and refers back to the plat so that the city staff can go back and look at that um deferral agreement and see what the requirements are. Well, there and there will be a time limit, I guess, in that deferral of some type or some type of triggering event that will

Yes, we're we are planning on doing it uh with the capital improvement program or a time limit of 10 years. Okay. Now, I have a question and maybe it's a dumb one, but why didn't we think about this with the bond if we knew this was all going to trigger? Why wasn't all of this rolled in?

I I'm not sure I know that answer. We knew about it in development once they turned in the site plan and showed that the coliseum was going to be expanded more than 5,000 square feet which triggers our subdivision ordinance. And so then we we are trying to find a way to work through it so that it doesn't increase costs uh because the cost for those road improvements could be very very significant and could cause part of the bond not to go to to be utilized for the actual improvements of the coliseum. And the city, this is a city request and so the city is actually taking the responsibility of this where the rodeo association is taking care of the responsibility of the coliseum.

So on the um deferral on the quarro street have like the fire marshall's fine with the current width and as far as if there's potholes or anything like that. They're not having any they don't see any issue getting vehicles up there if they needed to.

Correct. And you can it's hard to tell on such a a zoomed out area, but from about right here down is all pavement all the way back uh include getting to that property. Um we are trying to straighten out this this intersection while this actually has pavement underneath it. Our operations department comes in and they do do some minor maintenance in that area. Um but I know that our fire marshall u wasn't may still be in our audience. Uh to date they have not made any any mention about accessibility. Again there are multiple ways to assess this uh property by coming through if they needed to but this would be a dedicated street that we would not expect anybody parking on and things like that. They we will stripe the parking lot there to show the hammerhead uh those types of things for the improvement.

So it goes up farther than what's in this photo that that road easement of

it goes right up to this property right here. And I'm going to turn off the you can see that it goes to that property. That gives that property direct and abudding access where the property to the north actually touches uh 50th street. The reason being um this is the outdoor arena. And they have a little service entrance here to for maintenance and stuff, but they really don't want that. We really don't want that as a dedicated street. There's just not enough room through there unless we went through and demoed some area which would impact this outdoor arena significantly. Okay, thanks Aaron. Any other questions for Aaron? Okay, on that note, we'll open up for public comment. Uh Russell Gully. All right.

Morning, Russell. Good morning, Russell with SKG. Aaron did such a great job. I really don't have anything else to add uh other than to ask for your approval of the variances as requested and would happy to answer any questions. Okay. Any questions for Russell? No. Right there. Thanks, Russell. Okay. And then just again for clarification, as far as the deferrals the city is seeking, those will be notated on essentially an addendum that goes with the plat giving the ability to defer for up to 10 years.

Yes, ma'am. We have an official contract that we do. So, any developer that comes through that that's part of the ordinance, they could seek a deferral and we do that contract with them. We have to show what it would cost and things like that and then we put that with the filed plat as well as with our land files. Okay. And sometimes, you know, when a developer seeks some deferrals every once in a while, to my understanding, they have to put up some monetary concessions for this. Is the city required to do that? That is up to our city engineering department. They're the ones that work through that process uh to see what would be what would be needed to be put up for that.

All right. Thank you, Aaron. All right. On that note, if no one has any other questions, we'll open up for discussion between our commission or a vote. I make a motion to approve as presented by staff. Second. All right. Motion by Liz, second by Shane. All in favor? I. 70. Okay. So, our next cases, are we reading these all three together?

Yes. Three, four, and five, I think it is. And then um Shane is going to have to recuse himself for these. So our commission will be down to six voting members. And then just really quick, Austin, are when we're reading these in and taking votes, are they three separate votes or It will be three separate motions, but I ask that the preliminary goes first.

Okay. All right. So um PP25-06 day edition preliminary plat SMD number two a request for approval of preliminary plat for lot 11 or sorry for lot 11 lots gez over 3.928 acres between 30th and 31st street within the RS1 RS2 and RS3 zoning districts.

Thank you Austin Reed senior planner. We are presenting these three cases together which includes a preliminary plot and two final plots all for the day edition. The preliminary plot covers the sections one and two uh 11 lots in total almost 4 acres. This is district number two, Joseph's district in the Lake View neighborhood. The zoning here is a mix of RS1, RS2 and RS3. And the vision plan says that this should be neighborhood. So the final plat is kind of the lower portion of this subdivision. Um it includes 10 lots there along 30th Street for 1.2 acres and then the district and neighborhood is the same. The zoning for this section is entirely RS2 vision plan is again neighborhood. Section two is the upper portion of this subdivision and it is one big lot over 2.6 acres with uh most of the same information. The zoning on this section is the mix of RS1 2 and three. So here's a look at that preliminary plat. can see how this is subdivided. It's between 30th, 31st, and then Travis Street is there off to the east. This is section one, which is those 10 lots along 30th. And then this is section two with the one big lot um on that East 31st Street Culdeac. So, here is our uh zoning and vision. On the lefth hand side here, we have the zoning. you can see that mix of residential zoning districts that I was talking about. Um, within the RS2 area, they will be able to either build single family homes or two family homes, whichever they desire on those 10 individually subdivided lots. And then for the vision, we have neighborhood. Um, the zoning for the upper portion, the one big lot. Right now, it is a mix of zoning districts. We think it may be their intention to come through with some zone change in the future, but of course, that would have to come to y'all. Look at the thoroughfare. East 30th, 31st and Travis Street are all local

roads and they do all meet our standards. So there were no variances requested or necessary in this case. And so with that we are recommending approval of the preliminary plat. We are recommending approval of section one final plat subject to the following six conditions. One is for a drainage study. Two is for your water and wastewater service lines. Three is for the installation of a sewer main. Four is for fire hydrant and fire access statement on the plat. Five are sidewalks along East 30th Street as it is right next to uh SISD property. And then number six is to receive approval of the preliminary plat first. Section two, we are also recommending approval for most of the same conditions, drainage study, service lines, the fire statement, sidewalks, and then again to receive approval of the preliminary plat first. So you will need three separate motions on this. Do you guys have any questions?

No. Has the applicant stated anything regarding sidewalks yet? No. Okay. Okay. Any other questions on our first case for Austin? No. Okay. You going to keep reading the next one or you want us to vote on that one? This was all three. This was the presentation for the preliminary and the two finals. Okay. So, um if we don't have any questions for Austin, we'll open up for public comment. Thank you, Blake. Good morning. My name is Blake with Wy Engineering and Surveying. Uh we don't have any comments except for anything just on the sidewalk requirement. We're just curious what's triggering that.

That'll be the school property there to the west. Yeah, we it's not actively being used as a school. It's not even on their uh district website as a school. So, I'm just curious why that is being triggered. I think when we looked it up like it was um under the tax rule still as a school cuz I that was my biggest question cuz I Yeah. Well, we're just trying to make sure it's just if it has to be done according to the ordinance to mean it'll have to, but if it doesn't have to, we there is a waiver process and I believe this property in the past has gone through a waiver process in the past. Uh but anytime new development comes in, we have to start again. And so, but if that's something that they they are able to ask for a waiver through that process.

Okay. So, yeah, that's that's all we're looking for is just a the waiver on the sidewalks there. So, any other questions or anything? Everything else looks good to us. Okay. Any questions from Blake and the commission? Do you guys want to bring up your requirements again, please? So there will be no conditions on the preliminary but in the final plats we'll have conditions. Okay.

All right. So we're close public comment because Blake was the our only speaker. So um from the commission I'd ask for either discussion or if somebody wants to make a motion. I make a motion of the preliminary plat to approve the prelim preliminary plat. Okay. Oh, yes. Because we're doing three. Okay. Oh, second. Okay. So, first um on the prelim plat from Liz and Luke. All in favor? I I Okay. 6. And then on the final plat items, I'll make a motion for approval. Second.

Okay. first but and that's keeping sidewalks in the plat. Yeah. At this stage the planning commission does not have the ability through ordinance to wave that. Okay. Okay. So, first from Lyndon, second from Luke. All in favor? I I 6. All right. We'll move on to conditional uses. The Wait, I think we did. I miss one. I'll uh I'll make a motion for FP25-30 to approve as presented. Same one, man.

You guys, next month will be better. Okay. Um so, we'll go ahead and u end that as far as a 6 vote from the commission on FP 259. We have to vote on the third one. He made a motion. I second. Just voted on that one. No, we had a motion. Sorry. All right. All in favor? I I

All right. That one passes 60 on FP25-30. All right. So, move on to conditional uses. The planning commission has final authority for approval of conditional uses. Appeals may be directed to city council. The first case we'll hear. Did some Can somebody get Shane back in? Okay. Thank you. Sorry. Started without you.

Okay. The first case is CU25-9 which is 1414 North Chadron SMD number three. Request for conditional use to allow household living in the general heavy commercial zoning and general commercial zoning districts for property located at 1414 North Tadurn.

Good morning everybody. I'm Ardan Planner. Um this is our conditional use. It's in the Reagan neighborhood in Harry Thomas's district. Um, as stated, this is uh general commercial and heavy general/heavy commercial zoning districts. Uh, vision is neighborhood split with neighborhood center. And we have a request from an applicant who is looking to obtain a change of occupancy for um household living. They had to come to us to get a conditional use before they can move forward with their building permit. So, we um were required to send out 18 notices. I do not have any responses so far. Um they this was submitted to us with the build permit. The applicants are with the um uh religious institution. They currently have a ministry to house displaced people. Um but it's currently undergoing renovations. And so they are looking to use lots five and six of the property that they own to house two displaced women due to the floods in the interimm of that renovation. So this was their concept plan that they submitted. Um to speak specifically, we talked earlier, I showed the outline of the property owned by the applicants. Um this is the buildings specifically that they're looking to utilize for the conditional use. Um, so I'm clarifying that that's lots five and six of the plat. Um, right here we've got zoning and vision maps. So there's the split between general commercial/heavy and general commercial. And then over in the vision map, we've got neighborhood center split with neighborhood. Um, as staff was looking at this, we were recognizing that the surrounding area to the east, apologies, is too family residential. Um, I'll go back. We can see that we have kind of a commercial corridor along Chadburn that services that residential area next door and it's

two family residential, a slightly higher density. Um, and the applicants are looking to utilize this space for household living. Staff sees that as a good use of a buffer between the commercial uses to the west and the residential to the east. Um while this is also not specifically stated in the ordinance, the housing study that was mentioned previously um as well as um a bill that was brought before the Senate recently both state the value of allowing religious institutions to have household living by right um as well as a demonstrated community need for household living in general. So looking at all of those factors, um staff wants to recommend approval for household living in the general commercial and general/heavy commercial zoning districts located at 1414 North Chadburn subject to three conditions. The first is that we limit it to those lots with the existing property, the existing building currently on it. So it's not the entire ministry that's allowed household living, but only that one building. Um, we would like to require a maximum of two residential units to mirror the two family residential surrounding it. Um, and we also would like for the conditional use to not be considered valid until the applicants receive approval of their change of occupancy and for that to be done within the next 6 months. Are there any questions for staff? Can you go back to the floor plan that was submitted, please? Okay. So obviously like there's probably some additional fire code that's going to be required. Any other like do they have to bring anything else in the building up to code for this to be residential? Now

in short summary, yes, through the change of occupancy to a residential use. So by requiring that the applicants come into standard with their change of occupancy, yes, they will have to meet all different fire and building requirements.

Yeah. Yeah, the biggest thing for this this structure will actually be the egress out of the bedroom that they will have to put in a egress window uh that's required for residential. Um and so there you can see the bottom of there they have a window that shows the size it will be and that will be reviewed under the plan review uh when they apply for the change of occupancy. So on this one, it looks like the applicant owns lots one through eight and I guess seven and or lots seven and eight further east. Yes, five and six hold the home. Let me see. Home potentially upon your approval. The two lots next door that is a parking lot. Okay. So this is for five and six.

And where is the ministry in general? Um this big it kind of looks like concrete but this is the big massive building. immediately to the left. That is where they house the religious services. This current building is being used from what I understand for small group and Bible study. Okay. So, right there you said maximum of two residential units allowed. From their floor plan, it looks like they're just doing

one with one big bedroom. Does that limit the occupancy or how is that determined? Um, you are correct that their current floor plan only shows one dwelling unit and our decision was to give them a requirement that we feel mirrors more accurately the surrounding area even though that's not directly their intention via this concept plan. Um, but yes, if you're asking about their requirement to meet occupancy codes, um, they would have to come into IRC 2021 building codes in order to receive their approval of change of occupancy. Okay. Does anyone have any additional questions?

I I guess my question, I'm sorry, is their current plan that they've submitted. Um, you know, does that limit them having one bedroom like that since it's kind of transitional housing and stuff? I mean, I don't know how big the building is, but it's a large bedroom. Um, what I guess my question is would it be better to not limit and say that to so that way they could actually use the space better or you get what I'm saying?

Well, the really what we're doing here is going from a commercial occupancy to a residential occupancy. What we're doing through the conditional use is allowing household living and saying and based on their application to us, they have two applicants that they want to house there and no more. they really want to do it for a short period of time until they get their other facility um done. And so we're just trying to meet what their needs are at at the moment. um depending on what they're wanting to do with this structure in the future. I think it would take a a a good pre-development meeting to listen to fire marshall building permits and others to understand if they were to start adding more bedrooms and what egress would look like and does that change it from a household living to a higher residential category which may have other impacts. But for them to to satisfy their needs today, we thought this was the best way to go for today. And with this being a conditional use, is it have an expiration date or like if the church decides to sell, is it transferred to the new owner even if it's not a church?

Correct. You know, if they if they meet all the conditions, it doesn't expire. Um, if they don't meet the conditions, it does. But a conditional use, just like a a short-term rental is a conditional use in certain zoning districts. It does stay with the property. It is is similar to a zoning thing that stays with the property. Can we put a time limit on that conditional use? You can make that as a condition. Yes. The only thing that it is challenging for staff to keep up with that. But yes, as well as it being transferred say in a sale of something necessarily. Um but yes, that can be done.

Okay. Any other questions? No. All right. Thank you. On that note, we'll open it up for uh public comment. There is nobody signed up. Okay. Close public comment and open up for discussion or a motion. I would like to put a time limit on it. Um because I I don't I guess, you know, I I don't think that they're going to sell. I don't know the applicant or anything, but um I just don't think that it should be open-ended. Yeah. And in this structure,

yeah, because you know, we we've heard some other cases come up recently within um you know, other areas in St. Angelo that were for transitional housing um for people that were getting out of either rehab facilities or other situations. Um and you know, again, if the church down the road decided to sell that, what is that going to do for the neighborhood? Um, so I think that we do need to kind of keep that into consideration and not opposing future use, but I just think it's something that needs to get reanalyzed.

So, um, apologies. Just to clarify, the applicants are here if you have specific questions for them from what I've seen. Um they might be actually they may not be but um also in discussion their intention is to obtain a temporary change of occupancy that will revert back to a commercial use after 6 months of its approval. In which case um the intent of the conditions as they currently stand would be that the conditional use remains but it continues to have to be recoupled with new changes of occupancy to bring it up to code every time. Um, and they have asked for that temporary change of occupancy to be 6 months. So, their current intent, as stated to me and through their concept plan and build permit, is to receive approval of a temporary change of occupancy for 6 months, which will then revert back to commercial.

Okay. Interesting. None of my business, but I I feel like it should be a year. Uh, six months goes by really fast, especially when you're talking about transitional housing and everything with floods that have happened and whatnot. But I guess that's just my comment. Yeah. Okay. Okay. Any other thoughts or questions, discussion points? If not, I just have a question. I guess I don't I guess I don't understand why we would put a time limit on the conditional use. Um, so maybe someone should enlighten me as to why we would do that.

I like a time limit. Well, I think if because if it sells Mhm. Sorry. If it sells, and maybe correct me wrong, if if they were to sell that specific part of the property, then the new owners would have the same ability with with it being in place. I just feel like if it's going to be a long-term housing, you should have to go through I hate to say more regulations, but I I feel like you need to go and like Aaron said, you need to do a pre-development meeting if it's going to be longterm. That's the only reason for saying a time. But if the change of occupancy is 6 months and that's what they're asking for, I don't think that we have to

say under the building code, the longest a temporary change of occupancy can be is 6 months, I believe. Uh and so I think that's why they chose that timeline. Doesn't mean that they may not request it to be extended.

Um but I I I see y'all's concerns. And u Ardan, could you go to the the zoning map that you have on there? And you can can see it's adjacent to the RS2 family neighborhood. While we don't see the Chadburn corridor significantly changing in the next 10 to 20 years, we know this church is a very old building. It was built in the 50s. If you were if you were to drive by it, it's got those scalloped um awning that has that faces the alleyway. Uh and I think they're be a very good program. Uh but I think this area might be in transition. We also know that our housing study is looking to house folks in general commercial areas. Um, but again, I I believe there's building codes that help regulate the structures and things like that. Um, with their request trying to house a couple of folks maybe from their congregation that are getting ready to get their houses rebuilt. Um, from a staff standpoint, it seems reasonable uh to find those accommodations. Um, but we also do share the well, what if it stays residential for the rest of its life? Is that is that really problematic or is it not under the conditional use allowing household living? And so that's that is a has been kind of a question in our mind. They've kind of satisfied saying, "Hey, we're only doing this for 6 months and when the change of occupancy expires." Um, but if if that is the desire through the motion to put a time limit, we'd ask it to be specific, whether that be one year, two years, something like that. So if the property were sold and whomever purchased this property and was abusing the conditional use somehow, I mean it's conditional. So there's the ability to revoke that conditional use.

That is correct. We would follow our standard zoning uh compliance issues just like we would with any zoning property. Uh they would work through code enforcement. uh if it's very egregious, we could pull we could come forward with a um ask to revoke that conditional use here through planning commission just like we could do that with a short-term rental or other conditional uses. So, there are some protections there um for the neighborhood. Um we obviously would need some neighborhood participation at that point to tell us kind of what's going on because city staff just doesn't go out looking for well are they in compliance today, right? Um so we just want to be aware of those things. But thank you for bringing that up.

Okay. Any other thoughts or questions, discussion points? Or if anyone wants to make a motion? I'd make a motion to approve. Second. All right. Motion by Shane, second by Liz. All in favor? I. All right. 70. Shane, this case is up to you. I need to recuse myself. I got to figure out where we were. Okay. Okay.

So, item number two, CU25-20 1905 Bey Road, single member district number one, a request of a request for a conditional use to allow a short-term rental located at 1905 Bey Road. And turn my There we go. Good morning, Ray Lime, lead planner. This is a request for a conditional use for a short-term rental. It is at 1905 Batty Road. It is in the Country Club neighborhood, District 1, Tommy Heert. Um the current zoning is RS1 single family residential. It is a vision plan of neighborhood. Um we received one in favor. Um we actually have received another opposition that I printed out and um put uh along your seat. Um so there is two opposed. The zoning on the left is single family residential. The vision on the right is neighborhood. Um this is a picture of they do have paved parking. So, with a short-term rental, um, you do have to get a safety inspection, which they did get and they did pass. Um, you have to have two paved parking spots. Um, and I believe that is it. And there has to be not 500 foot another one within 500t. And you cannot be within 500t of a school. Um, and they meet all those criteria. So with that, staff is recommending approval with the condition that they follow section 406 and 804 of the zoning ordinance.

Is this a new conditional use or has it been a short-term rental in the past? It is a new one. Okay. Um I believe it was recently built. They received a zoning variance for front yard setback because the lot is so small. Um sorry. And also um the lot size, the lot width is smaller than the normal RS1.

Does it meet the setback requirements on either side? Um there are f there is five foot on each side. There's no variance for that. Not for the side setbacks. Could you pull up the image again just so they have that or the of this one or the overhead one? Maybe an overhead might be helpful. There's nothing on the Do we know how many bedrooms this unit is? Do not I think it's a 32. Maybe I just made that up. I do know it's listed for sale at the moment.

It's a 33. Okay. So, it is on the market. Yes. Okay. Is the applicant here today? Yes. Okay. Now we open it for public comment. Lisa, do you want to go first or you want everybody else to go first? Okay. Lisa.

Lisa Cannon. I work for Clearwood Custom Homes. We built this beautiful and unique home. It's uh rammed earth on the bottom, so it's very energy efficient. Um, it is three-bedroom, three bath. Uh, we are asking for the short-term rental. I know some of the opposition is going to be parking, but we cover that. We do have the two-paid parking, and there's actually space. That's the crushed granite. If you go back to the other picture, you can kind of see where the sign is that there's actually three parking that is completely out of everybody's way. Um, so that is not any worse than any other of of them. I'm sorry, alarms. This went for a really long meeting. Uh, so do y'all have questions for me before I go with my little notes?

Are you planning on operating it as a short-term rental or your or your plans to sell it? The the current plan is to operate as an STR, but it is on the market for sale. So, both.

Um, we all we have plenty of us as ne as like operators as far as enforcement goes. We all live very close. Like I'm out and about all the time, so enforcement's not an issue. I don't care if it's 2:00 in the morning, they can call me. Um, there's at least 10 other STRs in that surround the lake all the way around. Um, we' of course abide by all the, you know, section 406 804. I've learned a lot about this in this process. Lots of codes, lots of enforcement things that protect the neighbors. Um, I do know somebody asked earlier who has lived next to one, but who has stayed in one? Who's ever used an an Airbnb, that kind of thing, and I'm sure you didn't trash it. I'm sure you didn't, you know, weren't the worst people that have ever lived next door to somebody. Um,

how long has it been on the market, Lisa? It was parade of last year, so April, May. And y'all haven't currently rented it as a short-term or anything like that? Not short-term. No. Gotcha. I think we're good. Ray, do you have any other public comment?

I We have more. Um I do want to make sure the board knows that um if this was to get approved today, renewals start they have to have an application in April 15th um for the renewal process to be done by June 1st. So there is um I'm going to say about two months worth of um phone calls, complaints that it'll give them the opportunity to show two months worth. Um but it is open for renewal April 15th. And so just for my knowledge, that's every STR. So regardless of when your conditional use is approved, it's

April 15th for everybody. So plan for the whole day. Bring lunch. Yeah. Okay. Good for me. Um so then Daniel Venezuela.

I am Daniel Venuel. I am single member district 1 and definitely want to talk about this property. I hope y'all had a chance to drive by there and take a look at it. Um it's a rather small property. It's a tiny property actually. I was actually here before you guys um when they're trying to get that variance for the for the the setback. I was in favor of it. Uh it was from my from my understanding it was going to be RS1. It was sold this going to be sold to a family and I am in strong support of that. Uh the size of this property this lot is slightly above uh tenth of an acre. That's it. It is tiny. Yes, the setbacks are are as required minimum 5 foot setback on the sides. My concern is the size of it, the parking. Yes. Uh they do have a concrete space for two parking spots and then a crush uh rock uh for another slot. But in this area, there is no uh curb gutter. Uh the roadway here is is actually rather uh thin. You have a turn on the top where we have Angela State University has their uh their their lakehouse area where the kids go out there and um and have a good time. One thing that we've experienced from this lot and even before the the current owner, the previous owner actually allowed people to go there and kind of hang out and and have a good time. And my wife and I experienced this that even without a house there, the cars parked pretty much everywhere. curb and gutter, they'll park in front of your house. You have to go out there and tell them to please move their cars. And it's not because they're on the street. It's because they're actually on your property. Um, with that size of a property, can you imagine? I mean, I we have one window next to their window. Our house is right next to theirs. Ours has a 5ft set back on the 10 ft apart. uh the noise that we've already

experienced even uh with a previous before the house was built there. Uh it is something quite frankly to behold it gets pretty it gets really loud really crazy and the way I look at it at this point this is not your regular STR as she mentioned a while ago and there may be 10 on the lake in that area but this has got to be the smallest slot of all of them. You have a min you have a five foot setback on either site. Uh we have an owner on the other side of their property as well. And that's one of my bigger concerns is that we bought our house in a residential area as an investment to retire in. Uh we plan to retire in that house. And regardless, I mean, the concern for me is that um we bought a house which we live in. Uh these individuals aren't going to live there. They're there to party. It's the lake. Uh they're going to have loud music. There's no doubt about that. uh right next to our house. Uh there's no way to avoid that. Susan and I would sit on our dock at times and people would be on their dock yelling at us, you know, drinking, yelling profanities and we just leave. We go back inside the house. Um we don't want to experience that. We're very respectful out there. U regardless, I know that's my three minutes. Uh just a major concern, the size of it. And um again, thank you for listening me. I appreciate that.

Thank you, Danny. Um, Susanna Vana Valenuela.

Good morning. Susanna Valenuela, single member district 1. Um, thank you all for your service. I know this is um probably not very thankful work. Um, but as my husband mentioned, the parking um is one of the major um situations. They've blocked our mailbox several times. Um they had the house on parade of homes and I had to go over many times and ask them please tell them not to park on our property. Um there's just not enough room for parking and I have I'm personally concerned about the dam and like the people that would be able to have access to that um that may not that may be wanting to get familiar with it and do some harm to our city. Um I constantly see people out there and I'm a license plate picture taker, you know. um we have people that dump animals and u junk and all kinds of stuff and I just think that's unsafe for um people to have access long-term access to that area. Um and as my husband mentioned um the previous owner of the lot actually built a staircase which is not in the five foot and we never said anything. Um but we had one of the dogs come over from the other property because that staircase is like right next to our our property on the lakeside. Um, so there's just really um nothing they can do. It's like the gentleman said like once you guys give them the permission like they can do whatever they want. Um, and my concern is I am all for this community economic development. I was in the tourism industry for 10 years. Um, we have 80,000 hotel rooms every month in this community and I promise you they are not taken. It's a 60% if we're lucky that they're booked and in downtown $89.99 on the other parts of town 99 109 unless it's rodeo then you know maybe 200 so it's very affordable for the hotel rooms um and as I said um I have been very

involved in the economic development part in tourism and I want to see that thrive um but when do we start sacrificing ing, you know, we say we're wanting quality of life for our citizens. So, when do we start sacrificing that for this because yes, we want affordable housing, but why does that mean we have to have, you know, every home has to be open to STR? As my husband said, you know, we have invested in this property. I think that lot was actually connected to ours and they separated. But it is very very small and I don't really see a three-bedroom, three bath. How can you just have two cars? You're going to bring like your whole family. You know, it's going to be a ton of vehicles. And so actually saw a comment about you guys on Facebook and I wasn't looking for it. I was just like scrolling and somebody said, you know, everybody opposed this STR and it was still approved. So, I hope that y'all will hear our concerns and really think about this because it is important for citizens to be able to enjoy their homes. Thank you.

Thank you. Okay. Um Mark and Kathy Murphy. Hello. Good morning. I have three more votes here that oppose deliver them. Thank you. Um did y'all as she said that they

I wanted to hand deliver them because um they have those pictures because when this um a lot came up before this planning commission two years ago and it received the variance to build over 3,000 square foot home on this tiny tiny lot and we all opposed it except for Daniel at the time but we all opposed it and I feel like our concerns were not heard then and so I wanted to make sure that we were heard this time we included three pictures here I believe uh if you'll pass those out

do y'all have those pictures and that first picture is from our uh back bedroom uh office area and you can see what the privacy concerns are there that it's no privacy at all and obviously there's no security no safety you can see the small uh chain link fence that's there. So, there are security concerns and there are privacy concerns along with safety concerns. The second picture there again shows the parking issue. The uh property in question has no garage. It has no carport. It has no private driveway. All parking is done on the street or city property. Our property driveway is right by the property line. Multiple times we've had people park in our driveway because there is just not ample parking at this at this place. The third picture or third page there shows where the real estate sign has been blown into the lake from their dock. It's been floating around the lake for about 8 months now. The homeowners don't care. Haven't picked it up or anything. It also shows um I believe you can see going back to the um picture of the parking you can see where they had put a little bit of asphalt in front of their concrete but did not asphalt any of the other uh area that was torn up during the construction. They could care less about the neighborhood, care less about the lake environment. We totally oppose this and we ask for y'all's proposal to this also. And then I would also like to add the last pictures. Um I'm actually a first responder.

Can you speak into the microphone?

Sorry, the last page. I'm actually a first responder as well. And if you were to look at this house, if anything was to happen inside the house and a person has a disability or even if our first responders have to respond, there's only one way into this home, which would be the front door. to the right, if you see, there's a three-foot concrete wall that you would not be able to get a gurnie or a stretcher down to um to safely transport somebody. And then there also just shows that one little doorway. You cannot get a gurnie through the doorway to the back side of this property. Um and then there's also the power lines issue that's right in front of those black bars that's in the windows, which I know that was put up there to protect it. Um and then also another safety is we have our ASC students that are over there and so we do have you know a lot of students and so we also have to deal with those students and worry about them driving in this very small road and then along with the short-term rentals that are not familiar with the area as well.

Just like to also reiter reiterate what Daniel said concerning the noise. We're right by the dam. Everything echoes and so the noise is a huge problem there at that section of the lake. Thank you all for your comment. That is it for public comment. I do want to clarify it's not ft. It's 224.

Thank you. Okay, I think we're going to close public comment and open it up for comments from the committee here. Um, man, I I get it. Uh, I get the frustration. The problem that I have is a lot of y'all's worries, like parking, my opinion, is going to be worse with a long-term tenant. A three-bedroom home, you're going to have kids, there's no garage. Um, that that's my thought is like the parking situation I feel like is always going to be a problem. But I brought that up with the initial, but it it was never addressed properly then, right? The comments that I would like to make is that in the past um maybe a year or two or so ago, my memory is um uh because of a very very very small lot on a curve kind of like this is uh and the lot was skinny skinny. We denied the STR because of the parking, because of the street line, because of the curbing or not curbing in this case, um because of the size of the lot, not the size of the house, but because of how at NA and this was at Nazwsworthy on another uh street. Um, it just makes it really difficult to have such a small lot uh with in and out renters in and out not knowing with three bedrooms how many cars and that it encroaches uh because there's no curbing on other people's lot land and lots. But I also uh noticed that um in some of the

pictures that uh the Murphy's gave, I noticed um how the signs are out in the lake water. Um I don't know what that means actually, but um it sounds like someone's not taking care of business uh right now. And if that's uh an indication of what's to come, then that's a concern for me. I don't like the small lot having um u the closeness to the neighbors without having uh some type of um ability for there to be uh privacy and I don't see that in this one.

I I have a question or maybe for the owner is you said the the house is currently on for sale. Is it under contract and one of the limitations of the contract is to turn it into an STR? Not currently. Is that the goal for is there? No, not necessarily. Okay. So, could you come to the mic coming up here again? I'm hard of hearing. Sorry, I'm I'm slacking, guys.

Okay. Um, all three builds are upstairs. That's part of the reason it's been on the market so long. But we think that's so a retiree type is not going to necessarily want to move in. Honestly, back to the parking is going to be worse with a family of of four because it's probably going to end up a middle class with teenagers, not going to be a starter and not going to be retirey. So, the parking isn't really an anti-STR situation. The lot is there, the house is there. If you have three bedrooms and you have two adults and two teenagers, you're going to have four cars. So, to me, the parking is is really not an STR point against it. Um because that's going to be part of it. But no, that's like we're it's not under contract with that stipulation. It's not that's not any part of any of it.

Thank you.

Come on. I had my three minutes, but um I don't believe that for one bit. Uh parking for a threebedroom, you'll have two or three cars out there. That's great. Four cars, that's fine. But we've seen 20, 30, 40, 50 cars. That's a huge difference. So, it's not true that it's going to be less of a a nuisance, you know, for a family that moves in. It really is. It's a lake. People are going there to party. Three bedrooms, that's going to be at least three couples. Then downstairs, the sofa, people can sleep down there. there's going to be plenty of room for parking and for a lot of people not enough room for parking but a lot of people parked out there. So, I really don't believe that. I just wanted to correct that and my apologies because I really don't want to go over the 3minut limit. So,

can you clarify, Mr. Venezuela, uh y'all are, you know, you've seen a lot of cars and whatnot. Have y'all seen it actively used as a short-term rental or is it just the parade of homes that was previously mentioned or

No, just just parties that have been had there, you know? So, um, those are the things that we've seen. Um, and again, we we know that people, God bless them, they want to go and kind of release energy and everything else. Uh, like I said, my wife and I have been sitting on the dock where we've had people out there yelling at us and wanted to say hi to us. And of course, I wave at him and everything, but they're yelling profanities. They're pretty loud and obnoxious. And not everyone's going to be that way. Get we get that, but the parking situation, it's going to be really terrible. Uh especially if you see that that that turn in that area, how small that parking I mean that that lot is um and kids going through there from ASU when they finish their get together. There's cars parked on either side of the roadway as well. That becomes an accident uh waiting to happen. We've seen kids do U-turns without looking. I almost hit one of them. Uh but again, that's just our biggest concern. And I did write a letter. Please take the letter into deep consideration because everything I put in there are very legitimate concerns. So again, thank you for

So the property is currently occupied. Uh it is currently occupied right now. There's at least a couple of individuals staying there right now.

I I'll just say, you know, I've generally been supportive of STRs and I think that there there's um you know, a lot of value in in improving um I guess the the availability and the marketability of a property, especially around a recreational area like the lake. But in this particular case to me, um, you know, when the house was built, we we granted some variances to to allow a house of this size to fit on such a small lot. And so that's really where I'm struggling um to, you know, one, we we allowed this house to be placed on a lot that that otherwise it wouldn't have been able to fit on. Um but then also opening up additional traffic to it um by allowing an STR to go on the slot. I think it's just a unique u lot and size and location and um I just don't know that I can I can support it. Um, I kind of want to reiterate exactly what you just said, Luke, and and Lisa, I can appreciate the Yes, I've rented multiple um VRBOs and they're they're fantastic, but I also want to put my self in the shoes of these homeowners who live right next door to this property. Um, there is no buffer. there is, you know, and and these people are there 365 days a year and um for hopefully through retirement. So, I also generally support STRs, but I can definitely see the the problem that it could pose. And I just, you know, I I want to take those of you who have stepped forward and raised concerns. I I definitely take that to heart and and can see the issues

that you that you have with this. I guess my um my comment is it's going to go before us again in two months, three months. No. So for a renewal, the renewal process if there are not enough complaints or if there are certain criteria that they if they meet all of that, then it automatically gets renewed. does not come before here. But if there are multiple complaints or anything, yes, it will come. And complaints just for the public, that's police calls, that's uh the neighbors calling and complaining. That's uh what is the ratio for or how many has to happen?

It is the severity, the number, and the disposition of the citations. Um so okay, there we didn't specify us a number. So it's kind of up for interpretation. It's going to be an expensive rental if it was a short-term rental. I mean, I don't know what the price per night is, but I mean, I don't know.

When we started talking about short-term rentals for the city years ago, I was on a task force uh to talk about what would be some of the criterias and things like this. Um, in those discussions, it was always about, um, St. Angelo having the ability to have such things as short-term rentals because there's a need for that. We have a lake. This is good. Uh, we have Angelo State where some of the parents want to come and spend a couple of days with their kids or things like that. Nothing wrong with a short-term rental at all. And it has some good criteria. We've built in good um uh uh reasons why and and the things they have to do and and we've seen many of them be very very well done. It's not that this one couldn't be a very well organized um property as the home goes. I still have a problem though with the size of the lot, the proximity to the neighbors on each side, the windows that can look into each other's and then the lake being right there in that little bitty um area with what would be not the regular owner. Uh people who don't know our area well and and they have parties or whatever. Those are concerns. I don't want to wait for major complaints to happen. Um I think that we've already had an opportunity uh to um uh deny a short-term rental on a very very similar Lake Nazworthy lot. And I'm going to stay on the side of that um with that thinking.

Any other comment or motion? Well, I'll make a motion to deny the short-term rental application. Second. Second it. Okay, we have a motion and a second. Everybody in favor? I I Nay. So 61. Motion passes. 61. No. 51. Sorry, we've lost one. My bad. All right.

Thank you, Shane, for leading that one. Okay. And that was denied. Was it 6? Uh 51. 51. Okay. None of us can count. It's okay. Okay. So, moving on to our next case. CU25-21, lots 12 and 13 and block 43 of Fair uh Fairview edition, SMD number three, a request for approval of the conditional use for household living in the light manufacturer zoning district for a property located on lots 12 and 13 in block 43 of Fair View Edition.

Good morning. This is Ardan Planner. Um, today we've got this case from the Pauland neighborhood, Harry Thomas's district. Um, oh goodness, sorry. The zoning is in fact light manufacturing. Please disregard. Um, and this is a request for approval of household living in this zoning district. Let me show um our notices that we sent out. I actually think we have we have not yet received any um in favor or in opposition to this case. Um, I actually think I received an in favor at my desk this morning. So, one in favor with nothing cited um for one of the unadressed lots to the west. So, we have got a request to place a single family home um crossing the boundaries between lots 12 and 13 um unadressed lots within this subdivision. Um and the surrounding area is predominantly residential. the owner is looking to abide by current restrictions such as flood plane, setting the house back and receiving a lot unity agreement. So that way the building itself is in conformance with standard single family residential codes. Um if we look at this area, the zoning is as we mentioned light manufacturing with an industrial vision plan. Um, but I hope right next door, yes, I included an additional more zoomed out photograph to kind of take a look at the big picture here. So, we've got an applicant hoping to build a single family home. The surrounding area across this entire block is residential use. So, we've got existing homes there with legal non-conforming status. Um, these are homes that have been there in the area. And when we zoom out and we look big picture, we see that over to the east, we have single family residential across the um commercial corridor. We've also

got things to the south. We've got two family to the west. Um and then the industrial uses kind of continue up to the north across the Houston Heart Expressway. So whenever we received this application for a homeowner to build a home, we took a larger look at the area and understood that this would be a good place to revisit with a reasonzoning because whenever the city staff came in with a zoning ordinance um and we established this to be an industrial use, the city has developed in a different way. Um, and we believe that moving forward it would make more sense to um, structure this land for residential use with a resoning and create a buffer with the Houston Heart Freeway for those industrial uses. That way, it's not directly abuing all of these residential developments. Um, in further support of this, whenever we were researching this case, we saw that the lot itself, one of the lots requesting this um, household living has a special use for a residential uh, mobile home. So there already is residential use allowed on that lot from 1987. Um we foresee this area having developed more residential and continuing to do so and we see a lot of merit to granting this household living conditional use in the interim of that. So so long as they satisfy residential standards. So as we mentioned over here we've got this concept plan because it crosses lots because there's national because there's flood plane in the area. We ask that they abide by single family residential zoning standards such as their setbacks such as fire hydra access such as lot unity agreement for building over property lines so that they are better serviced when we look for reszoning in the future. Um here is a photo of the site whenever we went out to put out signs. Um we can see um standing currently in light manufacturing zoning districts we have certain requirements about privacy

fencing and buffering and allowed uses. Right? So this kind of indicates to us a need to require single family residential standards such as 4ft privacy fences within your front yard setback. Um such that when we come back for resoning we're not perpetuating any nonconformities. So, with all of this in mind, staff does recommend approval of a conditional use for household living at this zoning district for with uh subject to four conditions of approval. We ask that the applicant conforms to single family residential standards, including the privacy fence that currently exists along the front street. We ask that they receive a lot unity agreement to join the two lots that they are developing on 12 and 13. We ask that they receive um all required permits, including any development that occurs within the 100red-year flood plane, and that they return within 3 months to revoke that special use for residential living, so that way they do not have a house, a single family residence alongside that special use permit for their mobile home. Um, are there any questions for staff

on the three month? I'm sorry. No, go ahead. Sorry. on the three months uh as a recommendation. Um is that giving them three months to build the home? No, this is three months to submit a new application to revoke the special use which would then go before city council.

So my question is why are we doing a conditional use and why didn't staff look at a overall picture to reszone because that area is very interesting and it really has not been developed. Uh there is a lot of homes over there. There's some kind of rundown homes. I mean, it has a lot of opportunity. Uh but like I've looked at a lot of lots over there, but you can't do anything. They're too small for manufacturing and it's kind of a pain to do residential. So I guess my question would be why didn't we talk to homeown, you know, other neighbors and look at it as an overall? I think that staff's understanding here is that while the big picture is that a resoning would be useful, we have a homeowner requesting to develop now and this is a one-month process as opposed to a zoning and comprehensive plan amendment which then goes here and then to city council for two readings. So, while we do intend to revisit this, um especially with the onset of our comprehensive plan amendment that we're that we're moving forward, um we thought that this would be a good solution to um serve the community that we have now while also looking big picture.

Gotcha. So, if the staff decides to look at the area and do an entire resoning of the area, what happens to their three month um on the special use for the mobile home? Go back to the oh return to three months for the uh revocation of the special use permit. Like let's say we did a resoning. Does that automatically terminate for them the e the return to 3 months or probably not explained that well enough. It it does not. So a special use is not really a zoning. It is a special use. So they would still have to they would still be required to come forward. But if it's reszoned, the special

the special use does not it doesn't matter what the zoning is. It is a special use for something specific. So it is allowed a mobile home no matter what the zoning is. Got it. Right. So just like conditional uses, you have to specifically revoke that. Correct. And special permits have a a council requirement where conditional use just has a planning commission requirement. Now, if we're able to if we if the case load is light enough and we can move forward with the proper analysis to evaluate that area, we might be able to do that for them. We just don't know that we can get that accomplished just depending on what our case load is for staff. Okay?

And again, maybe a dumb question, but why give them three months if they're applying for single family? Why not just say we'll give you the single family, but we're also going to remove the mobile home special at the same time?

That was my exact question, too. It it takes time for us to now put together a case to go to to city council and it wouldn't allow them to move forward with starting their foundation, starting their utilities, things like that. And what it is is it's actually a lot that they're not building on where this the manufactured home could be where that's just one of the conditions that they come forward because I don't believe we think this area is going to be manufactured homes uh in the future. that special use has been there for a few decades uh if not longer and it hasn't been used but we're just trying to be thoughtful of their timeline and try to move it forward as quickly as we can as well. Okay.

I also clarify right now in this moment we do have the home builder here if you have specific questions for them as well and the homeowners but are there more specific questions for staff? No. Okay. All right. So, open up public comment.

Yeah, as of as of right now, there is no mobile home on there. There's no plan of putting a mobile home on there. There was permission, I guess, that was asked that I guess before we even thought of we haven't even thought about a mobile home. Um, the property's been in the family since 1970. So, all those properties been there. There is a a mobile home next to us that's been there forever. Um, and there's another house on the right side of us. Um there is development right a block away there is new development all right there is Taco Bell and then right behind Taco Bell they put about five new houses right there at that side as well. Um I had no idea it was uh it was a commercial until we started at uh going around cuz there's a house right next to us where we're building. Um and the only thing they were trying to do was since the two lots are together instead of split them up. That's what they're asking, I guess, to to put it all all because the house is bigger than 50 foot. The lot is only 50 foot or I wouldn't have five foot on this side, five foot on this side. So, since we have a lot of 50 foot, a lot of 50 foot, what we were asking is permission for all of it, that way I can move my house over, put my driveway there, and have enough room to to to get everything done.

Okay. And um as far as because it looks like you've got uh the pad down currently. Uh yes, ma'am. Okay. Did you guys um talk to anyone with as far as it being in the floodway or flood plane? Yes, ma'am. Uh we we did bring it up and it shows um I should I have the picture. I should have brought the picture in, but uh the pictures of of when the flood hit. It didn't even hit the neighbors. It is on the flood zone on the map. Mhm. Uh it probably is going to hit right there on your right hand corner on your picture of the flood zone

on on the pictures over when when they did the the Texas I guess the San Angelo zoom in and they showed all the water coming in. It never even hit the neighbors but but on the green map that y'all have it does show that so they said we have to be 30 feet and that's what we we were complying 30 I think we went 40 feet back or 30 feet back. Okay. So it has been moved since then because you do actually need to follow the the flood base map not just you know the photos from our previous flood because you know those are within a 100red years. So it might not have hit this one but it could in the future. So as far as um the homeowners insurance and other requirements that the city and the fl um flood plane people may have. So

yeah, through the residential application process, this this was flagged to be sent over to our engineering services and so they've been aware of it and I think they've either talked to the property owner or the builder them himself to determine where that location could be. Okay, perfect. As long as we're aware of that and we haven't started any more construction. So no. And the only reason I put pad down was because the longer it sits, the harder it gets. And if we have We're still putting another pad over that one. It was just there to get the the we we scraped some of the land out and then threw some pad on top and then we wait uh and that's when we came. She's like, "Oh, we are in a flood zone." I said, "It's nothing that could be moved back or nothing. It's it's perfect as long as you're aware of that." Yes, ma'am.

Any other questions for All right. Thank you, sir. We appreciate you being here today. All right. On that note, we'll close public comment and open up for discussion or motion. I make a motion to approve as presented. Second. Uh motion by Liz, second by Shane. All in favor? 70.

All right. Our last conditional use for the day is CU25-22 located at 3531 Lutheran Way, which is SMD number one. request for conditional use to allow high-rise multifamily residents in the general and heavy commercial zoning district located at 3531 Lutheran Way. Um, so the applicant has come forward and requested to withdraw this case. Okay. All right. Well, that ended conditional uses. Okay. So, on that note, Erin,

all right. I'll be very quick. Um we have uh had our nine submissions for our comprehensive plan. Um we have narrowed that down to three finalists and so we're doing that final review in the next week or two and should be able to bring forward uh soon to city council the um finalist for our comprehensive plan revision and a contract and get that started. We're hoping to do that in March and so that we get started in April. Um both of our uh subcommittees with housing and subdivision are still working very hard to um allow some of that flexibility in our ordinances and try to address some affordability. I believe coming up uh later this month, we'll have some red lines out of our ordinance for you to look at. And then we're projecting to have a joint meeting at sometime either uh April or early May uh with our city council so that we can discuss those and get those moving forward. And uh tomorrow at city council there will be a disaster declaration uh that will be uh uh for our an extension if you will for our July the 4th floods. Uh we have started to have some more uh volunteer groups come through that need to rebuild homes. And if it were to expire it would it would require through our ordinances for them to come up uh to compliance on some subdivision items, some development items. Uh and we are going to be asking as a development team to uh come back with a a waiver of some of those items that will come back on February the 17th. But we would basically all because you have to demo your house due to the flood. We want we don't want to add additional requirements. It's not like it's brand new development. That would be different uh with brand new development. But we wanted to mention that here uh just so the citizens that are watching and and listening that they understand that we are still trying to work with our July the 4th flood victims. we are uh going to move forward with some additional relief of of requirements uh so that they can continue to move and have those

volunteer groups come and rebuild or repair their homes. With that, I don't have anything else. All right. I would like to add two things real quick. One, um all the zoning cases that were heard here today are going to city council on the 17th, which is an evening meeting. So, it'll start at 5:30 rather than 8:30. Um I did want to make sure the public knew that. And then also want to introduce our new planning tech, Daniel, back there. You'll be seeing him a little bit more. So, perfect. Welcome.

All right. And then um the next regular meeting of the planning commission is going to be scheduled um on Monday, February 23rd. We're a week later this year due to President's Day being on the 16th. It will be held here at 9:00 a.m. in the East Mezzanine and City Hall at 72 West College Avenue. And at that moment, I'll ask for a vote to second. All right, we got a first from Lyndon, second from Luke. All in favor? I. All right, meeting ajourned. 11:16.