Planning Commission - Regular Meeting

Amongst the Planning Commission itself. Before we start on our Vice Chair nomination, I'm gonna ask a few things. There's some faces in the audience I have not yet seen before. Please make sure your cell phones are turned off. Any side conversations, there's a lot of feedback that comes up here and it's sometimes hard for us to hear. If you choose to make a public statement, when you come to the podium, please state your name as well as your single member district or your address. So with that being said, everyone kind of has the rules and we will go from there. So our first order of business is going to be the vice chair nomination for 2026. And my vote goes to Candy Poole as the vice chair. If we have any other comments or thoughts from the rest of the planning commission or a vote in favor.

Would that be a nomination?

Yes. Thank you. Sorry. You can tell I'm a little all over the board this morning. Yes, my nomination. Thank you, Aaron. Thank you. I will second the nomination. All right. So we've got a one and a two. All in favor? Aye. Aye. Okay.

So congratulations, Candy.

And we will move forward from there. So that was a two quarters. Seven zero. Okay, no, Mitchell's not here. Six zero, okay. Okay, so our next item is public comment. And I'm gonna just start out the morning and have a quick discussion. I don't know how many people of the public are here regarding Rock Rose or if this is, if you're here to discuss other cases, but since we do stream everything live, I just wanna make this as a public comment and statement. The Rock Rose case, ZONE CHANGE IS SCHEDULED FOR NEXT MONTH, SO OUR AUGUST MEETING. THERE HAS BEEN A LOT OF PUBLIC COMMENT, A LOT OF PUBLIC CONCERN, SOME INFORMATION, SOME MISINFORMATION. AS YOU ALL KNOW, THE INTERNET IS A SPIDER WEB THAT YOU CAN EASILY GO DOWN. I encourage anyone that has any comments regarding this, whether you live in the district it's occurring in or you don't, anything that you might be concerned about, have questions on, please, please, please email the city planning staff. You can get their emails upon exiting today. But what I'd like to do is any of those comments, any of those concerns, making sure that we have them in writing. We receive the same information that city council does. We do not get any... head start on the public typically once planning staff has information they do their due diligence and then it's provided to us so we've done our best as the planning commission to field any phone calls that have come in and there have been a lot um in regards to questions concerns and whatnot and as we have that information we'll gladly provide that to the public but if we are able to keep this in a concise forum in order to email them to the planning staff then what happens at that point is Austin or Ray or any of them can forward it to all of the members. Sometimes somebody may just call me and that information doesn't unfortunately get past the rest of the planning commission. And it's such an important topic that I want to make sure everyone's educated and everyone has the right basis. That way we can have a very good discussion next month. So with that being said, we will actually open up through public comment. All members that have signed up can come to the podium and have discussions. Do we have any general public comment?

We have a couple for this section. William Hood.

Hello, I'm William Hood. I live on 829 Fairview School Road. Thank you for giving us a little time today. Unfortunately, I travel for work, so when this is going to come up for comment, I'll be out of the country. Unfortunately, we can't put our lives on hold because of this craziness, if I will. So I just wanted to start off by saying I moved to Angelo in 2013. I originally bought a house before my wife and I, Kayla Hood, were married off of North Harrison. We purposely moved to this property because we had our son, and we wanted to make sure that he'd be in the Wall School District, and it's a quiet neighborhood. I'm sure you guys don't know, but we've done a lot of research. This has consumed our life, if you can imagine. This is going to be the largest facility of its kind in the United States ever. I want to make sure everybody understands. What message does that send? Is this what you guys or the city council wants to be known for in San Angelo? I'm sure you can tell I'm upset. We're offended. Like these people are going to run us out of our home. We cannot stay if something like this comes to our community. Did you know the L.A. Skid Row? We know Skid Row, right? You know that that's a 30-acre facility? This is a 112-acre facility that we're going to open up in San Angelo. We're not comparing that it's exactly like what Rock Rose Community is building, but it's comparable. It's a one-stop shop. It's a place for people to live. You know, CVCA has commented that Austin First Community is the facility that he wants to follow. When that facility is completely built out, it'll be number one in the United States and we get to be number two. Just neighbors three hours away. I ask yourself to put yourself in our shoes and what would you do for your family today? At this point, devaluing our homes is the absolute last thing we're worried about. I think that's just a product of lowering quality of life where we live. This guy is completely, Mike Burnett that's running this project, has completely bamboozled the entire city of San Angelo. I don't think that anyone realizes what this is and what message that this sends, not only in Texas, but in the United States. Is that the title we want? To be known for someone that has the biggest homeless shelter in the United States, in our little town of San Angelo? I urge you guys to follow my wife's Facebook. I should have been more prepared today. I actually wasn't going to comment knowing that this wasn't on the agenda, but given the opportunity, I feel like I had to say something. But do me a favor, follow my wife's Facebook. She has a Facebook page where we're doing tons of research. For example, just to give you guys a brief idea of what we're putting on there, CVCAA has put on their website their partners, people that are supporting this project. Tom Green County Sheriff, that logo was stolen and put on their website. We've contacted the guy that's in charge of Tom Green County Sheriff's Department for Security. His name's Quentin Williams. He has no idea about this project. Him himself said that, oh my gosh, this is a horrible idea. The fire department, their logo was stolen and put it on there. The fire chief has been contacted so these logos can be removed. Like, where is the transparency here? Like, it's purposely being kept from us.

I don't know, it is scary.

So if the people that protect and serve our community don't back it, we shouldn't either. Thank you, guys.

Thank you, William. We appreciate your comments and your time this morning. Do we have any other public comment?

Steve Byrus.

Hello. I've written it down because I tend to wander at 71 years old, so I'll keep it as concise as possible. Good morning, my name is Steve Burns. I've lived for over 50 years on 55 acres at 582 Fairview School Road. All my property lies within the Wall Independent School District in Tom Green County. My property line is about 350 yards from the proposed Concho Valley Rock Rose Community Campus. We outside the city limits were never told of any of this by those involved and we still haven't been. While I feel there is a need for those truly needing help and long-term positive change, I feel very strongly that this is the wrong location and on too large a scale, and I oppose this project. There are more than 60 homes in our neighborhood, which is an established socioeconomic mix of young families, and I would urge you to come see our neighborhood. young families with children drawn to the school district, working people, business owners, and retirees. There is also a long-running daycare immediately across the street from the proposed Rock Rose campus. I fail to see any positive effect the Rock Rose campus would bring to our neighborhood. However, a quick tour of San Angelo's growing homeless situation quickly confirms our neighborhood's fears namely increased crime safety concerns and falling property values. No matter how this is run, I suspect those who are strongly in favor of this or who even may work at this facility in the future will head off to their homes located nowhere near the Rock Rose campus. We in our neighborhood won't because that is our home. Reportedly, the main service area for this project would encompass a 11-county area, including the city of San Angelo, and could potentially service up to 14,000 individuals annually through their various programs. With so much at stake, and with so few of the affected landowners even knowing about this done deal, I am amazed that the voting citizens of San Angelo and Tom Green County have no say in this very non-transparent project which could very likely make San Angelo the hub for homelessness for not only West Texas but possibly the state and beyond. But if this project is meant to be, please start modestly, preferably on non-taxable, non-income producing city-owned land away from healthy growing, well-established neighborhoods such as ours. Thank you for your time.

Thank you, Steve.

Okay. Austin, do we have any other comments?

Not for this section.

Okay, perfect. So with that, we will go ahead and close public comment. And Erin, I'm probably saying something out of line, but I'm gonna go this direction anyway. So just so the public understands, next month's reading of the Rock Rose development is a zone change, so they're posing to change the heavy commercial zoning on the property and then attempt to move forward with that being said depending on how the planning staff does vote if by chance it does get voted down here they can oppose it to city council but again i just want to emphasize to the public that we do hear your concerns we are doing our best to do our own research again there's a lot of misinformation there's a lot of good information so i really encourage the public to do your research so you actually know what's happening And again, come voice your opinion because that's what we're here to do is stand up for the public, make sure that we're making the right decisions for our city, for our community members moving forward because the decisions that we make as a council, not just on this item, but on everything that we sit up here Monday mornings and vote on, really not only impacts our future today, it impacts our kids' future in the future. So again, if you have comments, concerns, anything, please write them down, please send them to city staff so we have the ability to go through them instead of just getting a packet right before we get here in the morning. It's important to us as a planning commission, okay?

Yes, Chairman Davis, and if I may, I'd like to also add to that is thank you all, again, also to the citizens that want to come and express their concerns. I do appreciate that. That allows it to be a very significant process to have input. The City of San Angelo has accepted an application for a property at 1214 Gas Plant Road to change the zoning from a light manufacturing, heavy manufacturing to a planned development. It is an application for the Rock Rose campus. City staff is in the process of evaluating the land use and if that's an appropriate land use for that area. We have received a few phone calls and a few emails, but yes, city staff would be the appropriate point to send that information. They can certainly send it to me. My information is on our website. Those applications are public information, so once the city accepts an application, a development application, they become public record, and so those are available. Just have to do a public information request through the city clerk's website, and then you'll get all the documents that are associated with that. As we move forward, our city staff does what we do on every rezoning. We go out and we place the required sign that's required by the state. It has a QR code that will link back to the website. We'll have information, the application, and those things that are there associated with that request. I will say it's going to be a challenge for staff because this is requesting a campus institutional type land use in a known industrial land area. It is right on the city limits property. And so to the south and I believe to the east is outside the city limits. And so whatever goes there does impact those folks that are in the county, if you will. Not that we're not all in the county, but in the county that has county jurisdiction. In the state of Texas, zoning does not run in the county. We're one of the few states that does not do that. That is one advantage to having some city oversight that can potentially have some regulations on zoning. land use and what can be done there. I'm not saying this is the appropriate place. We have not evaluated that fully yet. We are still in the evaluation process and we'll come forward with a recommendation to this board who will evaluate the staff's recommendation listen to citizens that have comment, and then they will make a recommendation to city council. It could be for, it could be against. If it is against a rezoning of any type, this location or any location, it still goes to our city council members. They hear it the first time, and they must have a supermajority to allow it to move forward. So since they're a city council of seven, they would have to have six out of seven in favor to move some type of rezoning forward, whether it's this location or any location, or even the rezonings we have on our docket today. So just wanted to give you guys an update on that. I know y'all are all very well with that, but the citizens here listening, as well as the citizens that are listening, there is a process. This is not a city project. I also want to say that. This is not a city project. We are involved because they're asking for rezoning. And we're trying to determine if that is the location for the type of land use that they're going to be coming forward with.

Thank you, Aaron. I do have just a question again. And this is very not typically how we run our meetings. But because we've had so many calls and so much concern, I just want to take just a few moments just to make sure, again, anyone sitting here, anyone listening fully understands the whole process going behind this. Can you please explain just how the notification process works? That was a question I got quite often over phone calls on why some of the people on Fairview School Road or some of the other areas did not get notified. Right.

And I'm not sure that we've actually mailed our notifications out yet because it's not in our timeline yet to mail those notifications. That's a state requirement and a local jurisdiction requirement, but it only applies to lands that can be rezoned. Therefore, properties that are in the county, not in the city limits, are not notified because they actually don't... and this is going to sound very negative, and I apologize for that, but they don't get the same protections as someone that lives within the city limits. Now, that doesn't mean we don't take them into account, and we don't listen to what they have to say, and as planners, we also look at the future. That is our job, is to look at the future, and if we place... something somewhere how does it impact that neighborhood surrounding it as well as in the next 10 years in the next 20 years how that is our job to look at those things so we certainly look at those but the 200 foot notice will be within the city limits okay um and so that that's how that will go and it will be a formal mailed letter that is sent out Okay.

And that's typically, we should probably see those going out in the next two weeks, right?

They'll be going out this week, yes. This week, okay.

So again, if you are within the 200-foot boundary of the city, and a lot of that, there is quite a bit of commercial. If you own one of those businesses, please check your mail. Sometimes the city notices do get tossed away. But please check your mail. If you are outside of the city, again, as Aaron said, they still take you into consideration. But unfortunately, because of where the boundaries are drawn, you will not get a letter in the mail. So please, again, take it upon yourself, your council member, or your county commissioner, and have those discussions. Send questions, concerns, anything to city staff.

And it always behooves any applicant, no matter where they're wanting to rezone... or do something come for a conditional use come for a special use is to talk with their neighbors and let them know what they they really true truly want to do with the land and so in this particularly in this case for rock grows we do hope that that happens because i it is a it is a major decision for our community i don't want to minimize that in any way it's a major decision for folks that live and work in that area so how do how does that property look but I think all of us in here at our heart is how do we help people? But at the same time, how do we not damage other people while helping just a population? So we have to take that in consideration and find ways that we can, if this is the location or not, but find ways to make an impact on our community in a positive way.

Perfect. Thank you so much, Aaron. I really appreciate you taking a moment to to discuss that. On that note, we will move to the consent agenda. The Commission may request a consent agenda item be moved to the regular agenda for presentation and public comment. Otherwise, a consent agenda will be considered in one vote. All items on the consent agenda have been recommended for approval by staff, with no opposition received to date. Some of the items on the consent agenda may require a public hearing. The Commission will accept the public comment on any of the consent agenda in one public hearing. So with that being said, our consent agenda, we've got our meeting minutes. Consider approving the meeting minutes from June 15th, 2026. And then RP 26-13, the first replot of ES Kirby subdivision, blocks six and seven. R.P. 26-14, first replat of Santa Rita edition, block 11. And I apologize, I don't have the SMD numbers in front of me. And item D, which is R.P. 26-15, second replat of Mather edition, block 7.

And Chairman Davis, we need to ask for a 30-day waiver. And so we need to pull R.P. 26-13 from the consent agenda. And then we will, when we So we'll pull that one. And the request is from the applicant in writing for a 30-day waiver for that replant to be heard at the next meeting.

Okay. And that is just item DRP, or sorry, item BRP 26-13? That is correct.

Okay. Yes, ma'am.

Okay. With that, do we have any public comment? No.

Only if you have questions, really.

Okay. Planning Commission, do we have any questions for staff or anything? Okay. We'll close public comment and take a vote to move the consent or to approve the consent agenda.

Is there a motion? I'm sorry. I'm sorry.

Hi, Monday. Go ahead.

I make a motion to approve the items on the consent agenda.

And that is pulling item B, which is RP 26-13 for 30 days. Okay. So we have a motion from Liz.

Second.

And a second from Candy. All in favor? All right. 6-0. Consent agenda passes. Okay, on to the regular agenda. We've kind of moved these around this meeting. We're gonna actually start with conditional uses and revocations, which we haven't had those in a while. The Planning Commission has final authority for approval of conditional uses. Appeals may be directed to the City Council. Item number one, 2025 non-renewal revocations. The revocation of the conditional use for short-term rentals from 2025 renewal process. These include those that did not apply for renewal or inform the staff that they no longer wish to continue to operate.

Would you mind reading in the next item as well, please? Oh, sorry. Yep, I sure will.

I have glasses this morning. And item number two is 2026 non-renewal revocation. Revocation of the conditional use for short-term rentals from 2026 renewal process. These include those that did not apply for renewal or inform staff. They were no longer wishing to operate. Thank you, Austin.

Thank you, Austin Reed, Planning and Development Administrator. This is a little bit of a cleanup item. These are the conditional uses for short-term rentals from June of last year. I think at the time we believed that these would expire automatically. We no longer believe that to be the case. So we just want to go back and make sure that we actually revoke these. None of these should still be in operation. The column on the left is for those that we never heard from after sending out, letting people know that they needed to renew. The column on the right is for addresses that let us know that they no longer wish to operate as a short-term rental. So none of these should still be in operation. And then the second item that you read in as well is the same thing basically just for the 2026 round of short-term rentals. So that's really all I had on this. Do you guys have any questions about that?

Any questions for Austin? Okay, so with that being said again, basically all of these, once we clear them today, they're no longer able to operate even though...

Correct. Not without applying for a new conditional use. Okay.

And then have we looked at everyone on this list? Have they paid hot tax and everything? Or do we have some back?

I believe that's part of our review process, yes. Okay.

Okay. All right. Thank you, Austin. Do we have any public comment on that? No. Sorry. Austin's playing two roles today, so. Okay. So we'll close public comment and open for discussion or motion within the Planning Commission. And again, you're going to be on item one and item two.

The only question I would have, with some of these addresses, especially the ones that have made no application for renewal, do we have in place a process to make sure that they're no longer functioning?

Yes, we do have that. We are monitoring that. We do have a software system that monitors anybody that advertises on some of the platforms, and then we also have our team with our finance department that monitors the hot taxes. These are the ones that came forward, and we do have a staff member that does the code enforcement for short-term rentals, and they periodically go by particularly on Fridays and Mondays, just to see if anything has changed on the properties. Many of these, they have changed ownership, and the new ownership does not want to operate a short-term rental. And what we're doing is really taking that conditional use away so that they couldn't do it by right. They would have to come back here if they sold the house again or something like that.

Thanks, Erin, and I like that.

Not my right. Yes, thank you. Okay, and then I did have a question regarding the COSA map. So I know a while back we did change the COSA map that we can see STRs and actually measure them out. They changed the color because it was very hard to see them sometimes. So are we going to be able to see ones that... have fallen off as you know in a different color or those will no longer ever be on the map and

We can certainly consider a different color for those that have had a conditional use revoked, and maybe that is just a reminder that it was a conditional use in the past.

I'm not trying to add any extra work, but just so I look at that COSA map consistently, and I just want to make sure that ourselves and the public are aware.

Information is very important, and we want to make sure we're publishing accurate information. So I think we will certainly look at that to see how that looks so that we can provide something so the public knows of when one's turned inactive or they've said, okay, we're no longer a conditional use. The property will always have that case history, but you have to dig that extra layer sometimes, and sometimes if there's a way to help our community understand, then we're open to that.

I think it will limit some phone calls to staff as well if we're able to publicly see it. especially with the 500-foot boundary. We want to make sure, again, if one falls off and the neighbor wants to do something, that we're able to educationally inform buyers, sellers, and the public. Okay? All right, wonderful. So if we have no more questions, do we have a motion for 205 and 206 non-renewal?

I will make a motion to approve as presented.

Okay, motion by Linden, second by Liz. All in favor? Aye. All right, 6-0. So we will move on to item three, which is CU 23-53-2301, Palms Court. This is a renewal revocation.

Thank you, Chairman. Aaron Vannoy, Director of Planning and Development Services. This is a revocation of CU 23-53, located at 2301 Palms Court. This is us coming to you guys saying we believe from a staff standpoint there are some things that have triggered some red flags, and it is possible under the ordinance for revocation for you guys to consider. So this is an RS1 single family member district. It is in District 1, Mr. Tommy Hebert, and it is in the Nasworthy neighborhood. So every year when we go through our renewals, we go through an evaluation process. We check with different sources to see if there's been any issues or items that have popped up with a property, all the properties that have a conditional use for short-term rental. So under our ordinance in Section 406, it talks about the severity, number, and disposition of minor complaints submitted by neighbors, failure to timely report or remit hotel tax, excuse me, hotel tax and hotel tax report reflects no reported revenue prior to the written notice by the planning department. So this property... was approved in February 2024, renewed in June of 2025. They applied again for renewal in 2026 and under new ownership since April 2026. So what we've discovered through our looking through our different things is that there's a hotel tax has not been filed or paid since September 2025. And so that spans, as you can tell, by two ownerships. And then a neighbor has filed a complaint regarding their boat dock being used and advertised as an amenity. I'm not 100% sure, and maybe Mr. Reed knows, but I believe you also have an email packet, if you will, that's from a resident that they have had what they consider issues with the property. And so that's in your packet to review. The main thing that we're seeing, obviously, a complaint about regarding their boat dock being used that I think we've been verbally told that has been resolved, which is good. The hotel tax, I believe we're still waiting to hear if that's been resolved or not. I will say this is a challenge with short-term rentals. The new owner will say they're not responsible for the old owners, but they purchased and are using a short-term rental under the same conditional use, and so they have the responsibility to work through those hotel occupancy tax issues. That is the main reason why we're bringing that here today, is that they have chosen to be a short-term rental intentionally, and they are not participating in what our ordinance requires, and so therefore we are bringing that forward for revocation. With that, I'll be happy to answer any questions that I'm not sure, and Austin, do we have any public comment on this one? Okay, I believe there is a gentleman here that might be the property owner or the operator, and so you might want to hear from them, because they may have resolved some of these things, but I'm happy to answer any questions from a staff perspective.

I do have a question, Aaron. Can you explain how the reporting and payment of the hotel tax works?

So that is reported to our local finance department here through the state comptroller. They are the ones that kind of collect the hotel occupancy tax. Usually if you work with a platform, Airbnb, RBO, Those folks actually collect it for you and send it to the jurisdictions. But there are some that don't opt into that item. And so they have to contact our local folks here. And so anytime you register and sign up for a conditional use, we have you go and contact them and get your name on the list and understand the process. We understand you can do it monthly, every other month, or up to three months. Our ordinance says if there's six months that goes by that there's not been any information, whether you had no rentals or that you did have rentals, and here's the amount of tax owed, then we can come forward with a revocation, and that's what we're doing today. We have evidence that they have rented it out during that time frame, so there should be some hotel occupancy tax to be paid.

And I assume you guys send multiple notices of...

We do, once we get past the six months, we will start sending notices because it turns into two types of cases there. One is a tax case, and then one is a land use case, which is the conditional use. Our process first, since this happened to be during our annual review, is to come through and ask for revocation. Thank you.

Okay. Any other questions while we have Aaron's attention? Okay. Do we have public? Oh, sorry. Go ahead, Candy. No, you're good. I know I can scan this to make sure.

I made a comment, or you did a while ago as we were talking about just short-term rentals, conditional use. Do we have in policy or place that a short-term rental, that conditional use, is transferable or is by right because the property has it? How does that stay with the property or not?

Since it's a zoning ordinance item, a conditional use stays with the property. Another property owner could come and purchase the property and still utilize that conditional use. They, in our ordinance, are required to notify us, get that contact information so that we have that updated information. But that is the reason why we revoked the others that said we don't want a conditional use anymore. We don't want it sitting out there so that somebody else may buy the property in the future. Well, I can run a short-term rental now. We'd like to evaluate those each time. Yes, ma'am.

Thanks, sir.

Erin, do you happen to know, and maybe I'm missing this, but the individual that submitted this information, I was just trying to look to see what her address is or where they are in relation to the property. Okay. I do not know the exact address.

I know that one of the adjacent properties where we had the neighbor filed a complaint, that was a complaint to our code department. So that was a neighbor to the... if you're looking at the property to the right. But I don't know that this is the same person. And unfortunately, I don't think they're here to make comment of whether they were in the neighborhood or just a person that used it in the past. But it appears somebody that has some knowledge of how it's working. Sure.

Okay.

Thank you.

And then on the comments that were provided by, I apologize, Mindy Corder, are these, and I just want to make sure, because people that track Airbnb sometimes have older photos as well, are these actually when it says one week ago or whatever, was that literally a week ago, or these are old from the previous owner that we had issues? Because I know, again, the ownership transferred.

We don't have a year, so we don't know for 100% certain. It's implied that it was this year, but we don't know that for certain since there's not a year. And we did not take the photographs, and there's no time-based stamp. Yeah, I know. I just wasn't sure if they had said anything to staff on the comments. Actually, it does look like one of the photographs at the top does have a date stamp.

Yeah, I was looking at the reviews from the house, though. One says two weeks ago. I didn't know if that was stuff that she had saved from a previous host or not. I was just wanting a little clarification there. I don't know if this is the right question to ask or not. With the hot tax, so you buy an Airbnb, you assume that you're going to continue to run your Airbnb, which you're running a business. If there is unpaid property taxes for... for instance, child support liens or anything like that, that comes up on a title search done by the title company. How does hot tax show up? Does that actually, is it recorded to the point that when a title company does research, they can actually see there's owed hot tax and collect from that previous owner versus the new owner?

I would say that is not readily available to my knowledge. I'd probably need somebody from finance to speak to that. But I think once it shows up as a, if you will, a lien on a property, that means it's gone through usually a process from the city or some other entity to say, all right, this is owed and somebody has made that disposition and put it onto the land record. And I'm going to... LOOK AT OUR CITY DEPUTY ATTORNEY TO MAKE SURE I'M NOT SAYING ANYTHING ODD. BUT USUALLY THAT IS A LEGAL DISPOSITION THAT HAS HAPPENED. I WOULD SAY IN A SHORT-TERM RENTAL, THE TURNAROUND TIME FROM SELLING A RESIDENCE PROBABLY IS NOT GOING TO SHOW UP WITH THE HOT TAX. Older properties that have sat there vacant for a period of time, that is possible, but unlikely with something that's operating as a short-term rental. Okay, because I know a lot of the time...

It's not like a city mowing lien where... Well, and even city mowing liens get missed quite often.

That's what I'm wondering is, you know, what do we need to do in order to make sure that these things are... caught on the selling end you know as far as like does the city need to sit with the owners of the title companies and make sure that they understand that this is something that needs to get looked at or anything like that because i think we're going to continue to see this going forward this is the first time we've actually really addressed hot tax liens with ownership transfers

We did do an education thing with the San Angelo Realtors Association just last week. I think there's an opportunity to get more information like that out to folks. And I do think if folks are looking to buy a property that is a short-term rental, hopefully them and their agent will ask lots of questions and ask for that as a document in the sale of are you current on your hotel occupancy tax for this jurisdiction. Right.

Okay.

Perfect. And I can't speak to the exact real estate process, but I'm looking at the Texas tax code, and it does say that you can request a receipt to issue a certificate stating that there's no taxes due. Okay. I don't know if that's something typically done or maybe should be done before closing. That's typically how this sort of thing is found out according to the tax code.

Okay, perfect. Well, there's usually a tax certificate that's for property taxes. I've just never seen anything with respect to hotel tax.

Right, and I think that this is such a new thing. You know, with San Angelo, we've really been evolving over the last five years with Airbnb, so having this come up now, we at least know it's something that we need to be diving into a little bit deeper. Okay, all right. Okay, any other questions for Aaron while we have him? Okay. Thank you, Erin. Do we have any public comment, Austin?

Matthew.

Good morning.

Matthew, if you could state your name and either your single-member district or...

I have some things to pass out. Perfect. In that we were notified of this last Monday, and I only had a couple days to respond for what you had in your packet. Done more research on things and have more to provide. Wow, you're organized. No, that happens. Before my five minutes starts, but... Thank you, sir. ...consideration. well thank you all let me get started I just want to comment this is I'm new resident to San Angelo the passion from what's going on I just want to Just kind of give you a thumbs up on that. It's really important you got local people speaking. Thank you. All right. Good morning. My name is Matt Wimmer. My wife Allison and I own 2301 Palms Court. We purchased this property on April 1 of this year as a retirement investment in our future home. We intend to become permanent members of the community. The city of San Angelo's vision is to be the Texas standard in opportunity, prosperity, and quality of life. We share that vision. That is why I'm here this morning, not as a permit holder defending a technicality, but as a future resident of this community who has acted in good faith, responded to every concern raised, and committed to being good neighbors. We submitted the written response to the staff memorandum prior to this hearing. And you have our supporting documents. And I want to speak to some of these things directly. On the hotel occupancy tax, the staff memo states no hot tax payment has been received on this property since September of 2025. I want to be precise. We did not own this property until April 1st of 2026. That gap is entirely under the previous owner. On July 15th, I contacted the city's financial department and spoke with Aaron Zamora, treasury analyst. She confirmed in writing that I am only responsible for hotel occupancy tax from the date I gained ownership. She provided me the correct tax forms. I submitted those forms for April, May, and June and am currently compliant. I contacted the Billing and Receipts Department on July 17th and paid $641.07 in full, covering April through June of 2026, with all applicable penalties and discounts applied. That email confirmation and payment receipt is in the packet I handed you. The hot issue for this period of ownership is resolved, and the prior period is not an obligation per the city's own financial department. As far as our neighbors, on our very first guest, they asked if they could fish from the dock beside our house. We were out of the country, and I misread the text on a small screen and without my glasses. I thought they just asked if they could fish on our property. I suggested they get fishing license if they were going to do that. Three hours later, I reread it and recognized the mistake and immediately sent a correction. The guests ran back to our property the moment they received my message. That text exchange is also in your packet. The police came the next day. No citations were issued. The neighbor was given an opportunity to press charges, and they did not. When I returned to San Angelo, I went to the neighbors and personally apologized hat in hand. That was my mistake. We posted explicit language in our home warning every guest that our neighbor's property is private and has a zero tolerance policy for anybody on their land or dock. That notice is in your packet and it's in the hallway in my home today. The staff memorandum did not address, but you addressed it this morning about the dock being advertised. So I'd like to put that to bed. In the packet, I've included the original picture from our listing and a corrected one. You'll see it was a picture of a sunset from our property. My wife loves this property. It's bringing her to tears. But it happens to have a dock included in the picture. It just happens to be in our purview. The neighbors brought that to my attention. I didn't even realize. I didn't have any clue that was an issue. I adjusted the picture, and that's the picture of the sunset I'd like people to see from our property. As far as trash bins, that was another concern the neighbor raised. She contacted me directly in regards to the trash bin, and I immediately put actions in the place. That text exchange is also in your packet. We coordinated with our operator, Victoria, to personally manage retrieval and schedule basis of the bins. We now require confirmation that the bins are returned before approving her payment. We added weight to each bin to keep them stable in the winds. Victoria submitted a letter to the commission. It is in your packet. She addressed the July 5th dust storm incident directly, takes full responsibility for her crew that day and confirms she now handles that issue personally. Our overall operation, we've had eight documented stays under our ownership, zero police citations, zero code violations, and zero criminal complaints. We have declined graduation parties, firework requests, suspicious bookings, and oversized groups because we want to protect our neighborhood and our community. We passed the city safety inspection on May 8th. Our operator Victoria is a Tom Green County resident and her name and contact information are posted in our property and filed with the city. In closing, the hotel occupancy tax is filed and paid in current. The finance department confirmed the prior period, no obligation. The dock incident produced no citations and charges and the staff memo confirms no code violations or any issues. So we're a couple from Midland. We purchased a retirement home. We've responded to every concern raised and corrected every issue identified. We're asking this commission to deny revocation of our conditional use permit to remain in effect. And so we appreciate your time today and happy to answer any of your questions. Sorry, I went low.

Can I ask, so I know you currently don't reside in San Angelo. You have hired a local lawn care company. Do you have a local operator here currently?

Yeah, Victoria.

Victoria, okay. Okay, sorry. I was trying to pay attention and read all of your comments to make sure I had the right questions for you. No, thank you so much for being very, very prepared. So, and I do ask this when we have opposition on short-term rentals. So... With the lake, we always have people that don't love Airbnbs. It's part of it. You live on a recreational lake, just like I choose to live on a recreational golf course. I can't stop the guy that's going to be blasting a speaker in front of my lawn. It just is what it is. With that being said, have you walked your neighborhood? Have you introduced yourselves as the new owners, provided... your local operator's contact info, just as a peace offering to the neighborhood, especially when you had maybe an operator previously that wasn't following the correct rules.

Yes. No, understanding that particular ordinance had just come to my attention this week. No, we haven't. I did try to introduce myself to the neighbor in question here. Her husband is very nice. He was very open to conversation. She was not. Right. But no, we've just been working to bring this property up to a livable, good home because the previous owner had neglected it. So, no, we have not had time to reach out to our neighbors, but that is something we plan to do because we plan to live there.

Definitely. Well, and again, you know, depending on how the vote goes, I definitely, I always encourage, especially at the lake, to make sure that you go meet every single person, shake their hand, give them contact information, because it really, truly goes a long way with Airbnb on the lake.

Yes, ma'am. I'll definitely take your advice.

Okay. Any other questions for the applicant? Concerns? Anything? No?

Okay. I just have one quick question.

So the previous owners, did they occupy this property or were they renting it?

No. I just noticed that it...

I can't speak to what the previous owner's intention was with their property.

Okay. I just noticed that the property has a homestead exemption, so that's where I was on the appraisal district, so I was curious about that.

So we plan to have that as our primary residence. My wife, who does survival swim lessons all summer, she plans to be at that property on a majority of the basis. She's going after her double doctorate in holistic medicine. And so that'll be her sanctuary to take care of that.

Okay, thank you. And we definitely appreciate the timeline. That gives us a much broader idea of what's going on. So thank you for that. You're welcome. Any other questions from the commission?

No? Okay.

Thank you, sir. Thank you. Any other public comment? Okay. All right. With that, we will close public comment and open up for discussion or motion. I do... Now, I'm assuming, and I'm directing this back to Aaron, sorry, as far as if he's got documentation stating the hot tax is not a responsibility. So how does that work now?

We will have to get with our finance department to determine that. But if that's the communication that he's received from our finance department, that seems reasonable. What we would go with, it does have evidence in there that he has come up to date, again, with the doc and those other things. He has resolved those issues. I know one of the complaints in there was about the parking, but there's nothing there that actually violates our ordinances in parking. Right. And so we didn't even consider those things as an issue. Okay. Okay.

Perfect. So, you know, because that's my biggest thing is just, again, you're operating a business, and I want to make sure that, you know, if we're allowing Airbnbs into our community, that People, operators are following the rules and paying hot tax as they should.

We will get with our finance department and we will get out some information to our current operators as well as just to the public about how that should be handled.

Okay. And then as far as the PD calls, there was technically one which was resolved after the people were on the dock and then got off the dock.

Yes, that was resolved. We didn't really take that into consideration. Well, we had it and we thought, well, we need to put that in there because that was a call. It was a complaint, but it was resolved. And so, again, I think in this instance for this property, it was more the concern about the hot taxes and it fitting within the revocation potential. Again, that lies with you guys as a discretionary item to decide if that's enough to revocate this conditional use or to allow them to continue to operate

again annually we we look at these sometimes we look at them um if we see something that pops up on a map or has somebody's made a complaint uh earlier then we'll we'll look at that as well so truly a lot of the complaints and and maybe i'm kind of getting myself turned around here but a lot of the complaints that the current neighbor had the owners quickly addressed but it there probably was a lot of complaints from the previous

I WILL SAY THEY DEFINITELY ADDRESSED JUST AS WE WOULD HOPE THEY WOULD DO, ADDRESS THEM VERY QUICKLY. IT SOUNDS LIKE THEY HAVE BEEN VERY RESPONSIVE.

so if i'm looking at this and thinking about it it should have probably been revoked on the previous property owner operator versus the new owner in my eyes because i mean if there were violations or pd calls or whatever and now we have a new owner that is trying to do the right thing trying you know not knowing maybe I don't like that. My phone can light up and listen to me. So the new owner is trying to resolve hot tax and some of the other items that they weren't aware of that were issues. I'm very happy that the owner has taken pride and tried their best to work with the neighbor. Again, I do think Airbnb, again, whether you live at the Lake or the Country Club or just in town, it's very important to meet your neighbors, you know, because those are the people that are going to allow you to have your business or not, ultimately. So what else does planning staff really, or commission, feel on this specific case?

Well, I mean, I appreciate, sorry, I can't listen and read at the same time, but so I appreciate all of the information that the owners provided, and I I'm kind of with you, Brittany. I mean, the short period of time that they've owned this property, it looks like they've done pretty much everything they can to get in everyone's good graces and get the property back on track. you know, I'm hesitant to revoke someone's business use if they've just taken over. Um, and I think that's the great thing about this conditional use is, you know, we, we have another in another year, if we see continued violations or, or violations in general or issues that we need to address with the current owner, we can do it then, but I'm hesitant to revoke anything given their short term that they've owned this property.

I agree with Liz and Brittany as well. You just see the work, getting to it, getting after it, getting it done, didn't know kind of thing, and that year that we're going to perhaps would show if there's a real desire to keep that conditional use, I would think.

Can you bring back up the recommendation? Sorry, Erin, I might have completely cut you off on that.

Sorry, I'm not sure I put a recommendation slide. But basically, this does need an action item. You can make a motion to not revoke the conditional use to allow it to move forward, or you can make a motion to revoke it. It just depends on what your desire is at this point.

I will make a motion to not revoke the STR.

Okay, so first from Lyndon. Second. Second from Liz. All in favor of non-revoking? Aye. Okay. 6-0. So just so the applicant understands, you have, I think our renewal period has changed to June?

Correct. He will get notice in April and May of next year about the renewal process.

And they've got to renew their license every year? Every year, yes. So just so everyone's clear on that one. Okay. Go meet your neighbors, seriously. World of difference. Okay, our next agenda item, CU 23-36, 2458 Fisherman's Road, and this is also a renewal revocation.

Yes, thank you, Chairwoman. This is 2458 Fisherman's Road, conditional use 23-36. This property has been a short-term rental through a couple of different owners, but for many many years this is one of our original short-term rentals when short-term rentals became a thing in in our community this again is rs1 zoning district it is district one mr tommy hebert and it is out in the lake nasworthy neighborhood So again, there's kind of the things that have, looking at the hotel occupancy tax, this is the one that has raised a red flag. They were notified about the hotel occupancy tax issues. They were originally approved in 2018, renewed in 19, 21, 23, and June of 2025. THEY APPLIED FOR RENEWAL IN APRIL 2026 AND WERE NOTIFIED THAT THEY WERE BEHIND ON HOT TAXES SINCE SEPTEMBER 2025. ACTUALLY SINCE JUNE OF 2025 AND THEY HAVE NEW OWNERSHIP SINCE SEPTEMBER 2025. SO THERE'S BEEN A LITTLE BIT OF OVERLAP AGAIN OF PREVIOUS OWNER NOT PAYING FOR A FEW MONTHS AND THEN new ownership starting in September 2025 all the way through today has, to our knowledge, has not paid the hotel occupancy tax. And so in our ordinance, if you go longer than six months without showing that you've either paid or that you've had no rentals, then we come forward to ask for revocation. This property has shown that they are still continuing to rent out, but they have not done anything with their hotel occupancy tax at this time. We did not have complaints or other issues with this property. It is simply the hotel occupancy tax on this item.

Okay, so they've been operating, it went under new ownership in September 2025. Do we know when their first booking would have been?

I would have to go back and look at the records, but they have booked routinely, monthly, since that date. Got it, okay.

And what is, like, do they get a fine if it keeps going? Like, how does, again, the unpaid hot tax work?

Well, then we work with our legal department that could actually open a case to go and get that. It could end up being a lien. It could be other things. The tax item is outside of the zoning ordinance, if you will, as it's its own tax code violation as opposed to a zoning ordinance. While it's within our ordinance that you must do these things... This is the only method that we have to come forward to say that's a violation. We should then do something with the conditional use. It's different than like a code violation that it's the wrong land use. They're just not following the rules of the conditional use laid out in the ordinance. And so for us, for the planning side, we come forward with a revocation.

Got it. Does that make sense to everyone?

Okay.

Okay. Okay.

Anything else, Aaron? That's all I have on this case. Okay.

Any questions for Aaron while we have him?

Aaron, how often are they notified after the initial... time that they're behind? Is it a monthly thing?

It is a monthly thing from our city staff. We are working to improve that as we're getting one of our field staff member certified as a code compliance officer as well to work short term rentals so that they have the ability to go by different times and make notices at the house. But we have a new software coming on that helps us see these and as soon as we see some kind of violation it allows us to send out notices automatically and we may look at doing that every two weeks, particularly for a tax item.

So right now it would be mailed, not like taped to the door?

Correct. It is mailed to the property owner. Okay. That's what I was going to ask. Is it mailed to the actual address that the STR is being used, or is it mailed to the property owner's address?

To the property owner of that. Okay. do have a local operator, and we've also talked about do we need to also send this to the local operator, because it could be just a property owner that has multiples of these all over the country, not just San Angelo, and their local operator is supposed to deal with everything. And so maybe we need to work on our communication there to make sure they're in the loop of these issues. We're not sure of that, but at least that's an option we could look at.

And this might be a silly question. Because I was under the impression that Airbnb and VRBO, like if you hadn't paid your hot tax, they gave you some alert. Is that not a thing?

I can't speak to what those businesses do, but I know those businesses do routinely pay the hotel occupancy tax for property owners. They collect it and then they send it to jurisdictions.

So then how does it get missed? I'm sorry, that might be a silly question. I don't know the back end enough.

I can't speak to that unless that's just a decision or someone didn't pick an option in a software. I mean, it's possible. I'm not familiar about how that process works on their end. Okay.

I certainly think your monthly mailings are adequate as compared to other issues such as being behind on a loan or something like that. Anything extra would certainly be beneficial to us, but I think what you're doing now is adequate at least. Should have had some response.

Making sure, Erin, I understood, they have not paid the hot tax since September of 25.

Yes, and that does, just like the previous case, that does span to owners. You can see the ownership changed. or under due ownership in 2026 but the new owners have not come up today since april of this year so that would really be three months renewal under new ownership okay so really the new owners only own it for three months wait sorry i went to the wrong sorry wrong direction it looks like they are in september and it's from june 2020 let me go backwards yeah yeah it looks like me it was an individual that

transferred the property into his LLC back in August of 2025. Okay. Yeah.

Okay. Is the applicant here?

I don't believe so.

Okay.

Wow.

So you all have had no communication with the applicant other than receiving an application to renew?

I know we've had a couple of phone calls and discussions over the phone, but other than that, no. Okay.

And they still haven't paid, even with those conversations?

Not to our knowledge. We do not have confirmation from finance. Like the previous case, they had confirmation with an email saying, yes, they did pay. We do not have that on this case. Okay.

So with that being said, we have no public comment. Can I ask, are we able to, if we choose not to just revoke it, even though obviously they're not following the rules, are we able to put a timeline saying, okay, in two weeks, by August 1st, if you have not paid your hot tax up to date from the date of ownership, then you're null and void. And if we do that, how long until they can reapply? or they get the big X and it never can happen.

Let me answer the second part of that question first, because I'm going to ask the first part of the question to our legal department. The second part is, in our zoning ordinance, it does not have a time specific that if you had something revoked, like a conditional use or special use, there's not a time limit of when you have to wait before you reapply. So in theory, they could reapply at the next application window for a conditional use. Zoning is different. If you get denied a zoning, you must wait a full year before you come back and ask for that rezoning or another rezoning. The first question is, can we put a condition on this conditional use now that they must act in some way with a time limit? Since this is a revocation of a conditional use, the request is, I'm not sure we can go back and put conditions on the original conditional use. I'm just not sure.

I'm kind of with you on that. I think their conditional use, I guess when it was originally implemented, didn't have that particular timeline on it. So I'm not sure we can put it on there now that we're looking at revoking. So probably not.

I understand your thought process. All right, let's...

Can we table this to next month and send them a notice that says if you do not pay, bye?

The only thing that bothers me about that is setting a precedence and then every other one would have to be in the same time frame. That would be the thing that would bother me.

But typically, again, when we come up, because we changed our renewal timeline, so come June, if people didn't pay their hot tax, their CU every time would go away. The only real reason why we're doing this is you guys did a deep dive into what ones are active, what ones are not. We realize that we've got some unpaid hot tax and...

I would say we have more information this year than last year, although we knew some of the ones that weren't paying hot tax and they resolved their issues during their renewal process. These stood out as longer term, more than the six months, which fits our ordinance. And so that's why we brought those forward. considering we have around 80 short-term rentals and we actually brought just these two as revocations where the others were basically self-revocation say hey we're not operating right compliance is very good right and so to me it seems like there's a lot of folks that are getting it and for some reason these are not wanting to participate in this manner uh at this time maybe there's a way to implore them to but right we haven't found it yet

And I agree. I mean, the fact that you guys have had actual conversations with the owner, that they haven't taken the steps to correct that.

Again, I mean, you're operating a business. You don't pay, you don't stay. And I think that, especially if they've got a local operator, there's been no email communication. Our past applicant brought a packet. you know that that shows to me how serious are you taking this as a business like you've had since september of 2025 to get fall in line follow the rules that i personally don't think that they deserve this if they want to do it then they need to go through all the appropriate steps again and understand that they're not going to have a license if they don't pay their tax you know just to be clear aaron so the conversations that you've had are with the actual owner not the

individual who is running. That is correct. That's my understanding from staff that they've actually talked with the actual property owner because that's who we send the communications to and from because they're the applicant on the conditional use. And do you happen to know when that last contact was? I want to say it was in June. I do not believe we've had contact with them in July.

Okay. All right. Well, that's a lot to digest. Do we have any other thoughts or anyone like to make a motion? Okay, motion from Candy, second from Linden. All in favor? Aye. 6-0. Thank you, guys. Moving on. We are now in subdivision plats. The Planning Commission's final authority for approval and appeals may be directed to the City Council. We only have one subdivision plat, which is FP26-14, Lakeview High School Edition. Again, I'm sorry, I don't have an SMD number. Okay, go ahead.

Yes, and we do have on this request, this is Lakeview High School addition. It's a final plat of their property. As you guys know, the school bond is adding structures to this property, and they wanted to do a cleanup of getting this property all platted and into conformance, basically. So it is one lot. It is 55 acres, so a large site. It is District 2, Mr. Joe Self. The neighborhood is Lakeview. It is RS1, single-family residential zoning, but nothing they're doing is triggering a rezoning at this time. And the vision plan is campus institutional zoning. So this is turned on its side, but you can see the ball fields up here at the top. So this is 47th at the top. And you've got your two side streets that come down. And then you have this is what's 43rd. And if you'll notice, it actually has a solid line here, not an opening like you would on these others. This is actually an easement that was granted. to the city and the public as an easent for a street. But it's still technically their property. But this is planning it all into one property here. So again, the zoning and the vision plan, you can see that their parking lot to the south of 43rd is outside of their vision plan, but that, again, there's nothing really triggering them to go through and do a rezoning or a comprehensive plan change at this time. So the one thing that we do look at is the roadways and the infrastructure. The water sewer are adequate in this area and around, and so they are not responsible for any main extensions of water and sewer. We looked at each one of the roadways. The only one that is deficient is 47th, which is up here at the top. It is a minor collector, but as you can, it is hard to see. I struggled with what pictures to show, but this was the best one to show the ball fields and to see We've got an odd intersection here. And if you notice, the road is actually towards their property for the most part, and there's not a lot of right-of-way to gain there. Most of the things where these properties are closer to the road, but you notice the rest of the properties are much, the structures are much further back. So if the north... portion of 47th ever improves or i shouldn't say improve but redevelops in some way that's where the city would say all right let's see if we can get five more feet of right-of-way and a little bit more paving for this road to allow for a little more circulation At this time, that minor collector does have 30 feet of paving, so that's 15 feet per lane, 45 feet of right-of-way. There is the potential that the city could put this on a capital improvement project and expand that paving maybe up to 36 feet within that 45 feet right-of-way, but that would be something the city would do. Again, our minimums for our minor collector that's existing is 52 feet, so we're not that far off. on our right-of-way and really the paving is also not that far off and so again for the city staff evaluating this the real option is the northern side of 47th not the southern side which then they the school district would have no obligation to put those things in so they did ask for the variance for right-of-way and paving width and the city staff is supportive of those variances. With that, we do recommend approval of the final plat of Lakeview High School addition and approval of the variance of right-of-way width and paving width along 47th Street. With that, I'll be happy to answer any questions.

Any questions? No? Okay. If we don't have any questions, do we have any public comment?

Russell Goulding.

Good morning, Russell with SKG. I would ask for your approval of the plat and the variances as requested. And thanks to Aaron for. There's a good presentation on that. The school district has, as part of their bond election, a lot of campus improvements going around. And so I've tried to convince them to, hey, while we're doing all of this, let's plat these properties. And so going in the future, if there's any big projects that get triggered, that could trigger, we'll be platted and get it kind of set behind us. And we're even going to be coming, bringing Central High School to you here in short order as well. So just would ask for your approval. Happy to answer any questions.

Any questions for Russell? All right. Thanks, Russell. Thank you. All right. With that, close public comment and open for discussion or motion.

I'll make a motion to approve as presented.

All right. First from Lyndon, second from Candy. All in favor? Aye. Okay. Rezonings and comprehensive plan amendments. City Council has final authority for approval of rezonings and amendments to the comprehensive plan. Our first case is Z26-07, which is 902 West 19th Street, SMD number 4, a request for a zone change from neighborhood commercial to single-family residential located at 902 West 19th. Are we, this one? Oh, sorry, I'm reading from my packet. Sorry, I was reading from my prepacket. Get with the program today. Okay, I'm sorry, case number one, Z26-09, 6 and 10, West 16th Street, SMD number four, request for zone change from general. heavy commercial to general commercial located at 6 and 10 West 16th Street.

Thank you. Austin Reed, Planning and Development Administrator. This request is in the Reagan neighborhood. It's on the edge of District Number 4 for Patrick Keeley. The vision plan here is commercial. The property is a little under half an acre, and this is a request for a zone change from general heavy commercial to just general commercial. Our satellite image is a little bit outdated here. Those structures have been demolished, and it's currently vacant. They are trying to go through the tiers process to get tiers funding, and a requirement of that is to change away from the CGCH zoning. So not 20 notices on this. As far as I'm aware, we did not receive any responses. Here's a look at the current zoning on the left. You can see it's surrounded by some more CGCH. Directly north of there is no longer RS1. That actually is multifamily zoning now. And then for the vision plan, you can see that this is pretty much commercial, a little bit of neighborhood center there to the south. On a rationale, we do think it's compatible with the surrounding area because it's located on the Chadbourne corridor alongside other existing businesses. There could be a demonstrated community need for new commercial along that corridor, and there should be no adverse effects on the natural environment either. So with that, we are recommending approval. Do you guys have any questions?

It was already cleared, right? Yes.

Other questions for Austin? Do we have any public comment? No on this one. Okay. So we'll close public comment and open for discussion or motion. I make a motion to approve as presented. All right. We've got a first and a second. All in favor? Aye. Okay. All right, 6-0. Our next item is Z26-10, 2000 Mark Street, which is SMD number 4. Request for a zone change from single-family residential RS1 to 3- and 4-family residential, which is RS6, located at 2000 Mark Street.

THANK YOU, CHAIRWOMAN. THE OFFICIAL ADDRESS IS 2000 MARKS STREET. IT'S A CORNER HERE ON MARKS AND 20th. THIS IS IN THE LAKE VIEW NEIGHBORHOOD, DISTRICT 2, MR. JOE SELF. THE VISION IS NEIGHBORHOOD, AND THE TWO LOTS, THERE ARE TWO LOTS THERE, AND IT'S COMBINED THERE, .32 ACRES. This is a request to change the zoning from an RS1 single-family zoning to an RS6, basically a three- or four-family zoning, so it would be a triplex or quadruplex. Excuse me. So we did send out our notices. Outside of the area, we did have one in support. From the notices, we did not actually have anyone that had mailed a notice or brought a notice back in, but I do want to point to Mr. Rufino Garcia Jr. did go around the neighborhood, and you should have this in your packet. It's about three pages that are stapled together, that he did talk to residents, and you can see their name, their address, and their signature here. there. I know he has signed up, I believe, for public comments. I'll let him explain kind of what he talked about to them and his thought process on that. So I do want you just to be aware that there are some opposition. Obviously, there's looks like there's 5, 10, maybe 13 total, maybe 14 total. that signed the sheet that Mr. Garcia had passed. So I didn't want to skip over that too much at this stage, just showing the map that we didn't receive anything back in writing until this morning with that document there. So here's our zoning. You can see that it is in single family zoning. You can see at the bottom one block or half a block to the south, there is general commercial, heavy commercial that's borders 19th Street. As y'all know, that's a major thoroughfare that goes through there. And then up here at the top, you can just barely see it, but it's some neighborhood commercial north of 21st Street. So on the right is a vision plan. It's neighborhood. You can see that it used to have a couple of structures that were there. They have been cleared off, and so they're no longer there at this time. So going through our ordinance, as we adopted the new housing districts, I wanted to go through the lot minimums, because I think that would be a question in y'all's head of what does it take to have a triplex or quadruplex? Again, this has two lots. The minimum frontage for a triplex would be a 35 foot wide frontage and a 6,000 square foot minimum lot size. And they must have parking for six vehicles on that space. The quadruplex is a minimum of a 50-foot frontage and a 7,000-square-foot lot with a minimum of eight parking spaces. These properties here at 2000 Mark Street, there's two lots. Each of them have a 50-foot frontage, and they're about 140 feet deep. And so that puts them at right at a 7,000-square-foot lot size. At this stage, they're not required to turn in a site plan to see how many actual units are going to do a triplex or a quadruplex. Talking to the applicant, he wants to do a triplex on each one and have the parking for those. He's not looking at a quadruplex at this time. The other thing, and I'm not sure I have it on this slide, is what are the setbacks? So the setbacks also control, well, how much building can you have? The rear property line, I believe, is a 15-foot rear property line setback. Just like in RS1, you have five feet and five feet on the side yards. And at the front, I believe it's either a 10-foot setback or a 15-foot setback. But I will look at that real quickly in just a moment to confirm that. And then just like all of our RS zoning that has always been, you can do two and a half stories or 35 feet height in all of our RS. That's been the way it's been since 2000. We did not change that in our ordinance for that. So really they're constrained by those lot sizes, The footprint, does it encroach on any of the setbacks? And then that means they have to go up. And within those footprints outside, you still have to, if you're a triplex, have six parking spaces. If you're a quadruplex, have eight parking spaces. So that does eat up space. Again, these lots are 7,000 square foot each. So the rationale, is there a community need for this type of housing? Our housing study did show in 2019 and 2024 that we need what they call the missing middle. Triplex and quadruplexes are part of that missing middle. The question is, is this the right location based on lot sizes, thoroughfares, those types of infrastructure support and things like that. This is in the infill area. In the infill area, we know that new homes reduce crimes and code violations. We have a study from that in 2005 for San Angelo. We have a study that also shows that it increased the civic pride in those neighborhoods. So not only did those properties improve, but the properties around also improved. We also have through that same study and another study that having new structures, even if they're multifamily structures, it increases the overall property values and there's no evidence even in the long term over a 10-year period that it lowers any property values with mixed structure types, with single family and smaller multi-family style, that missing middle. And then mixed uses of various single family structure types, duplex, triplex, and quadruplex, build resilient communities, which means the community can actually sustain itself without having to go in and raise property taxes to gain more property taxes to pay for the infrastructure that's around. That's the Joint Center of the Housing Study with Harvard University. They have done that study every year, about every two to three years that they do that study, and the most recent one was in 2024. I want to go back to maybe this one or maybe that one. It's a little closer in. 20th is a street that's built out. It's very wide. You can see how much right-of-way is there. You see that it does have curb and gutter. Mark Street is a little more narrow, but it also has curb and gutter on both sides and is used going north and south, which is why at the north end there was some neighborhood commercial and down at 19th was general commercial, heavy commercial. And so when planners are looking at this and they see, all right, we have a sea of residential in this area, is there anything else around that helps us determine should we move to slightly higher density? One, this is a corner, these are corner lots, if you will. It is on wide streets and it has very quick connectivity to major roads that takes you to other places. um the neighborhood design is designed to encompass all of the rs type zoning districts from single family residential to quadruplexes again it goes down to lot size setbacks and what does our community need and so with that city staff is recommending approval of the request to zone change from the rs1 zoning district to the rs6 zoning district and with that i'd be happy to answer any questions

Okay, Erin, so if I remember correctly, when I was doing a little research part of the meeting, if you go up and over, I think maybe west, there are some duplexes and whatnot in that area. So there are some higher densities, maybe not directly on that street, but very, very close proximity. I know that they are not required to do a site plan at this state of the game, but are we talking about looking at those two lots, plotting them together, and where basically the lot line comes up? That would be a shared drive to the properties?

It's very possible. They haven't quite gotten their structure style on exactly what it's going to look like yet. But we did advise the builder who's a local builder that that might be an option unless they are gonna maybe plat those two lots together. They wouldn't have to necessarily, but they could plat them. Or do they have some kind of, do they improve the alleyway and they have a complete drive that goes through? We have not got to that stage yet. He's wanting to make sure that the zoning goes through so that he can continue to move forward with that part of the project.

Perfect, thank you. Any other questions for Aaron? Okay, thanks Aaron. Do we have any public comment, Austin?

Rufino Garcia.

THANK YOU FOR COMING, SIR. IF YOU CAN STATE YOUR NAME IN EITHER YOUR SINGLE MEMBER DISTRICT OR YOUR ADDRESS.

OKAY. MY NAME IS RUFINO GARCIA. I'M IN SINGLE MEMBER DISTRICT NUMBER 4. AND I'M TOTALLY AGAINST THIS ZONE CHANGE. BECAUSE RIGHT NOW, YOU CAN HAVE A SINGLE MEMBER DISTRICT HOME BUILT THERE. FINE, WE'RE ALL FOR THAT, ME AND MY NEIGHBORS AROUND THERE. WE ARE FOR IT. SINGLE MEMBER DISTRICT ONE. I MEAN, HOME ONE, FOR ONE FAMILY. WE ARE TOTALLY AGAINST THREE TO FOUR FAMILIES MOVING INTO ONE UNIT. WHY? BECAUSE, FIRST OF ALL, THERE'S GOING TO BE LIKE DUPLEXES. DUPLEXES BRING, OKAY, THE CONTRACTOR'S GOING TO BUILD THIS BUILDING, OKAY? The contractor is going to sell it, get his money. His hands are clean. He's out of it. Now, the buyer is going to want to rent it out. When he rents it out, what kind of people do you think is going to move in there? Nice Christians, people that like their property? No, no, I don't think so. They're not. The renter is just going to want, come on in. I'm going to rent it to you. Give me the money. You can stay there. What kind of renters are you going to get? You're going to get drug dealers. Oh, no, no, no. No, yes, you will get drug dealers. You're going to be drinkers. You're going to get drinkers. You're going to get people with bad backgrounds. They don't care about their neighborhood. All they want to do is have a good time, throw trash everywhere, beer cans. They don't care. Make loud noises. That's what kind of people is going to move in there. There are going to be people that the renter is not going to do a background check on them. He don't care what kind. Just give me the money. You can move in. That's what he wants. We, the neighborhoods, don't want that. We want peaceful people like we are there. Now, I went around and I talked to the neighbors. If they knew what the zone change was, they had no idea what it meant. I told them, on 19th and Martin Luther King, they got units built there. People move in there. Three to four families are going to move in per unit. Where are they going to put their vehicles? They're going to park them on the street. Now, Mark Street is a busy street, especially when school starts. That's just accidents waiting to happen. They're going to be parked down the street. They're going to park in the alley. I live 20 feet away from those lots. I live across the alley. I have a privacy fence in the back, metal privacy fence. It's never been painted. Now, they're going to paint those. And I guarantee you, the cops are going to say, we can't do a thing about it. Did you see it? No, I didn't see it. But I know who did it. But they ain't going to do nothing about it. Now, y'all got the... The signatures of all my neighbors. Those are all my neighbors. They're all totally against it. I didn't even finish talking to them. And they wanted to sign it. So that means they're against it. I'm against it. And I pray to God y'all will be against it too. I served 14 years in the Marine Corps. I'm a Marine Corps veteran.

Not for this.

Not for this. Thank you. God bless you.

Can I ask you a question?

Yes, ma'am.

Has this, have these lots always been vacant or has there been a structure on the lot that was torn down?

The one where they want to build them? They used to have a house there, but the lady was not in her right mind and she burned it. SO SINCE THEN IT'S BEEN EMPTY FOR MAYBE 20 YEARS, SOMETHING LIKE THAT. OKAY. THANK YOU. WONDERFUL.

THANK YOU. ANY MORE QUESTIONS FROM ME, PLEASE? IN THAT TIME THAT THIS home was damaged. Have you or your neighbors had any issues with squatters or any complaints?

No, no. The only deal is they have like a storage building out there, an old storage building. Homeless people go in there. And there used to be a cellar there. Homeless people used to go inside the cellar and live there. But since then, they tore out the cellar, and the storage building is still there. Homeless people still come in that storage building.

Yeah. OK. OK. Is there any other questions?

OK.

Perfect, thank you for your time today. Thank you, thank you very much. Do we have any other public comment? Okay, so we'll go ahead and close public comment and open for discussion. I completely understand the concerns of what could potentially be there. Ideally, home ownership is the goal. We want people to be in a home, take pride, and have the resources they need in order to be there. I personally own rentals. I do very thorough background checks. I take a lot of pride in my properties, and I've got rentals in all different neighborhoods. And as far as if they're in violation of lease agreements and whatnot, We also want to think that these are new residents, so it's more costly for somebody to purchase these than an older home to rent it out. I would hope that whoever purchased something over here would take the same ownership as if it were their own home. Can we say that? No, not with certainty, but that would be our goal. What other thoughts do you all have?

My concern is the amount of people who are against it. that either maybe didn't get the letter or were not aware, you know, the specifics of what that changes. I mean, these all look to be authentic signatures, not forged. That, since we, at the same time, yes, we understand.

And I, I mean... I, obviously, we voted on the new zoning changes, and I appreciate what that is supposed to accomplish, but I also, I mean, this is an older, established neighborhood that I think probably a lot of these homeowners or people that live there have been there for years. Just like you, Lyndon, seeing the amount of opposition, I'm just hesitant to disrupt their current neighborhoods.

And I agree with a lot of that, but I also look at, again, our growth patterns in San Angelo. A lot of this is infill lots. I mean, there still could be, maybe they don't go as high as an RS6. Maybe they do RS2 and still have duplexes. You know, the applicant has the ability to kind of go either direction on this. They did choose the higher density because, obviously, it assists with the build cost and infrastructure cost and everything. and all of those things. I know Mr. Ruffino brought up parking as a concern. I believe the slide had stated that there has to be a certain amount of parking spots, and I completely understand that most families have more than two vehicles, but there is a requirement for that. So again, obviously I'm concerned for the neighbors, I'm concerned for the neighborhood, but looking at the growth pattern in San Angelo and the reason why we did break up some zonings for some of these higher density areas with new homes. Again, we've discussed new homes also bring other opportunities for the neighborhood. And I'm not saying this neighborhood doesn't take pride, but sometimes you have a new home going up next year and you're like, oh, maybe I'll paint it. my fascia, or I'll paint my front door. And so sometimes it can also regentify a neighborhood, and it's not always a bad thing. So we definitely want to just consider both realms of that. What other thoughts do we have?

I mean, I understand, obviously, the need for certain types of structures for housing. We did change zoning certain ways, but I mean, again, the opposition, as much opposition that there is for that, that to me makes the...

I would be more comfortable if this was a duplex, honestly. I mean, but obviously that's not what was requested, so... And the applicant is, or representative is not present?

Not that I'm aware of. Okay. So they also could come back with an RS5, which is infill zoning. They could still put six single-family houses there. Right. They could come back and split it up, and they could ask for RS2 and put eight or ten duplexes there based on sizes. So that's where we intentionally went through and said, all right, what sizes are we comfortable with? The quad and triplex size are actually bigger lot sizes than what we had before. We actually had down to 5,000 square feet for triplex and quadruplex. So these lots are larger than what they would be before. But again, what does a neighborhood fit? I understand that. From a staff standpoint, you see the commercial at the bottom, the commercial at the top. You know that those are major roadways. You tend to expect higher density closer to major roadways and even by the neighborhood themselves. They've had homeless problems for many, many years there with now that the cellar's gone, that's health, but still a vacant structure there. How do we get these properties back to being... Productive for all St. Angeloans, not only the neighborhood, but everyone that can then maybe afford to live in a house that is still a good quality house, maybe smaller, but good quality house to live in and become a productive member of our community.

Did you say that they could do six individual homes?

If they were to apply for RS-5 zoning, they could split it up. They'd have to plat. It would cost them more. because they'd have to run longer service lines, they'd have to do different things like that, and they'd have to split it up. This is the lowest cost effective measures for the infill funding area and a design that we know our housing study told us twice in the last seven years, we need this. This is what people are looking for in our community because they ask our community, what are you looking for?

And did you say earlier, just to clarify, that they were considering a triplex on each lot? I believe they are.

So that would be six total units?

That would be six total units.

And again, please, just because we're all new to the new zoning, can we go back to if the applicant went to RS5, what could they do? How many?

So they could do... Just infill? It would be infill because since they're 50 foot wide, that's 100 feet by 140 feet. So it's two really big lots. We wouldn't have those lots today. People planning, they're like, that's way too much land to do the single family home on. With the RS-5, I believe you can go down to 35-foot frontages, and I want to say we're down to, is it 2,500 or 3,500 square feet? I don't remember exactly the square feet, but they could basically get three houses per lot if they wanted to with flag lots and being able to do those frontages. They'd still be required for the same amount of parking. So still six potential homes versus six? Yes. They just wouldn't necessarily be on the same lot. So most people think triplexes have to be attached. They don't have to be attached. They could be detached.

So for instance, and thank you for pointing that out. So for instance, let's just use the example on Jackson and Beauregard because it's right in the middle of town. So technically... Those could be considered triplexes, right? Or would that be something just so we can mentally wrap our head around that? So it's a triplex, but they're not sharing an adjoining firewall. They actually have a side yard, a separation.

Correct. Okay.

Because, again, this is a new thing for San Angelo. I'm so happy to see a lot of the development doing this. But, you know, when I think of a triplex or quadplex, I think over in Southland off of Green Ridge where it's four units jammed behind each other and a big block, you know. So having a little bit of that separation is nice as well.

And that really does come down to construction costs and what does it cost to construct the fire separation versus if you scoot them apart, maybe smaller or maybe taller. Those are all construction considerations for that contractor, builder, property owner to make decisions on of what's the best thing that can fit here that still people want, that's still desirable and fits in with the neighborhood.

Okay, thank you. Any other thoughts?

Real quick, I'm sorry, I apologize for not knowing some of these answers, but if it's a one triplex, one unit, is there a... mandated distance before you get to the next triplex unit?

Usually under the building code that you're going to have a separation of 10 feet before you have to have a firewall. Okay. So usually that's going to be 10 feet. Some of them may do five feet and do a one hour separation instead of the 10 feet or instead of less then you have to have a two hour separation so that fire doesn't spill across to the next unit. But usually we'll see 10 feet and I it's amazing how 10 feet looks on a map and then when you go out on site how 10 feet looks a lot closer than what 10 feet should you get your tape measure oh that is 10 feet yes yes and so even if like you said if they were separate units but still a triplex they would still follow that same distance mandate that is correct okay good yes thank you okay that's a very good question thank you for that all right other thoughts or emotion I mean

This may not make a difference or not, but I was just looking. I know that the individual looking to purchase or to build here is an established builder. It looks like this lot was purchased at a tax sale. So, which, I mean, that may or may not make a difference as far as anyone's decision, but... I guess I'm looking at it in that you appreciate a builder purchasing a lot with future plans to develop it. Who knows whether he got a great deal on this. I don't know if y'all can understand where I'm going with this, but that's just one thing to consider.

I completely understand that, but on the same point, too, infrastructure costs is astronomical right now. Paving costs is astronomical, so hence why, again, the Development Task Force went ahead and looked at some of these lot sizes to get building costs down a little bit and, again, give opportunities to other residents in the community to hopefully buy an affordable home on a smaller lot. Okay, so any other thoughts or emotion? I do wish that we could have rough site plans, just even if it's a hand-drawn. That's always nice for a visual, and I think that would give residents ease, too, just to kind of have an idea of what's going on. It does. I know it's unrealistic.

The challenge for these lots is they're too small to do a planned development that would require that. And usually zoning, that's the first step of any process.

I'm happy with a cocktail napkin. If I can see something visual, we're much better.

Our permit department is as well.

Okay. I mean, is there the possibility of us tabling this until we can hear from the owner and...

We can ask the owner to come, but that doesn't mean they will. We cannot ask them to provide a site plan. It's not required for zoning.

it's really to make a decision and make a recommendation to city council of what if we believe this land use is appropriate based on the criteria that we've created in our ordinances or is it not appropriate in this location okay i think this might be a hard request and you know going forward i don't know if this is something that planning's not to give you more jobs austin but um because of the new zone changes like if there's maybe a laminated sheet going forward that we can have kind of your breakdown i think it will help us visually on some things but Can you please walk us back through on if they were to do, obviously if they did RS1, you have two houses, that's it, right? RS2, oh gosh. If they keep it the way it is, they can put two houses. And then RS2, we can add four. RS2.

You can have duplex.

You can have two duplexes, one in each lot.

Yes. Because they meet the minimum lot size and they meet the minimum frontage. Three is townhomes, twin homes, those things. RS4 is usually for new development, so a smaller RS1 that you can have 3,000 up to 5,500 and a 35-foot frontage. Okay. RS5 is for infill only, so 2,500 minimum square foot lot up to 6,000, and you can have a 35-foot.

But how many, I think, just for everyone to wrap their, because that's a lot of numbers, so in each category, how many houses can be put on these lots?

So RS2 is two, RS3 is one, RS4 is one, RS5 is one. RS6 is the only option that you can have a quadruplex or a triplex. And then RS1 is one and RN is one.

But a second ago we said RS5, they could have.

But they'd have six lots. Okay.

They had to break it up into six lots. So regardless, if they went RS5 or RS6, they still can have six. Obviously RS6, they could potentially have eight, but it doesn't sound like the applicant at the moment wants that. Okay.

I don't know if that helped or made more confusing. I mean, I think they would then have to come back and request it to be a different RS5. I guess they're just dead set on putting duplexes or multiple multiplexes.

That is what the application came across.

But again, we're thinking traditional duplex. They do not have to actually have a shared firewall any longer, correct? Correct. You can have two separate structures. And again, you know, look at, let's look at just the general picture. You've got, you know, let's say 2288, you know, that style or something like that. It doesn't have to be jammed on top of each other. They can all still have some side yards and green space of their own. So...

Going back to asking for some type of plan might make a difference to some of these residents if they're visualizing big quadruplexes taking up that land as opposed to separate structures that might sway them and make them feel a little more at ease.

The only other thing that I keep coming back to also, again, I don't like the amount of opposition, but on the other hand, If they're currently dealing with homelessness and vagrants infiltrating this property, I would hope that new structures, and I wish the applicant were here so that they could provide more information, but I would think as a homeowner that you would prefer that over... the current state of the property. But again, I'm just struggling with the amount of opposition.

This might be a silly question, Erin. So when they go to RS6, do they have to report that each one of these is on a separate lot? or no they would not okay so if somebody if they were to sell let's say they on lot one they put three structures lot two they put three structures somebody would have to buy the whole thing unless they decided to replat into six individual lots to be sold separately

potentially okay but you can also condo structures and we know that that happens all over the country i don't know if we have any other our lakes but all over the country that you just condo the structure but the land is still as a group that owns the land yeah okay um but again this is just for the rezoning and i i would urge us to make a recommendation on the rezoning either for or against so that we can take it to council for them to make the the decision That also gives the opportunity for citizens to actually come and speak. While I don't discount Mr. Garcia's efforts, we don't know if they live within the 200 feet. We don't know what the communication was other than do you want a single family house or do you want something else? We don't know that. And that's okay, but... And that's for not only this group to maybe hear from those individuals, but also to hear it at city council so they can make the best informed decision of what makes sense here. Okay.

And I apologize for my lack of knowledge on this one. I'm not allowed to lead a vote ever, right?

No, I think you can. Okay. Yeah. I just don't know if she can. Yeah, she votes, right? Yeah, she votes.

The question is, can she make a motion? And I believe the chair can make a motion if they choose to. Yeah, okay. Okay.

Well, I know we've had a lot of table discussion, and again, I really think that we're going to see a lot more of these lots come forward going forward. Again, affordability, we keep talking about it and beating it in, and again, I appreciate Mr. Garcia's walking the neighborhood and discussing, but I do think that it's going to Bring good life to that neighborhood and therefore I'm gonna make a motion to go ahead with staffs recommendation Any thoughts or some crickets Second or second

I'll second it for the reason of it can go to this R6, RS6 zoning. It's appropriate for residential. It's appropriate for neighborhood. While my heart hurts for some of the neighbors that have been there for a long period of time, but I believe that it's appropriate for for what they're asking.

All right. So I'll second. First by myself, second by Candy. All in favor? Aye. Aye. So two to four. Okay. So it does not pass then, right?

Well, that's correct. It does not pass. So we'll move to the next case. It will need a supermajority at city council to pass.

Okay. Okay, our third and final rezoning is Z26-11, 622 East 44th Street, which is SMD number two. A request for a zone change from single-family residential RS1 to 3-4 family residential RS6, located at 622 East 44th.

Thank you, Chairwoman. This is 622 East 44th. It's in the Lakeview neighborhood, District 2, Mr. Joe Self. Neighborhood vision, and it is .34 acres with those two lots there that are highlighted in red. And the request is to go from RS1 to RS6 for, in this case, they stated on their application they wanted a triplex home. They're looking at doing one or two homes. They would like to do two, but if it didn't fit, they would do one. But we can't control that with the zoning. That's really more about the land and the setbacks and things with that. So we did mail our 20 notices. We did get one in support outside the 200 feet. We have not received any opposition in writing or through email to date. Again, the zoning is RS1 zoning. And to the right, about a block over, is Lakeview. There's really not any other commercial other than schools in this area. And then, of course, 50th or Lakeview Heroes Drive. To the north, there is an early head start that's over at the old Lincoln site. But other than that, there's not a lot of commercial until you hit Armstrong, and that's where the commercial corridor is.

So how many blocks away is this from the, we had that case by the head start not too long ago?

If you look at these two houses right here, across the alleyway was the case to the south. Okay. Sorry, getting my bearings. And they ended up going with a planned development with the RS-5 zoning. Okay. Again I want to show this part because you don't see these very often and this is fairly new. So the two lots each have a 50 foot frontage and they're 7500 square feet so slightly larger than the last case. Again they're looking, they specifically said on this application they wanted to do a triplex for their RS3. Again, they would have to have a minimum of 35-foot frontage, 6,000-square-foot lot, and six parking spaces. So the 7,500-square-foot is each lot. This is where I did put in that big chart. Again, they're looking at the RS-6... which has minimum front yard of 18, side yards are five, rear yard is 15. And those ones, the brackets go back to the lot sizes and what the minimum frontages are and the lot dimensions. Again, they could have up to two and a half stories. They could be 35 feet, which is consistent across all of our residential type zoning areas. So is it compatible with the area? These are medium sized tracks. They're not the smaller size tracks, but they're not the biggest that we see in town. We see 10,000, 15,000 square foot tracks. Other lots are adjacent with same size or smaller. And then a couple of tracks are multi-lots properties with single family structures. And so I'll go back to an image. See if you can see here, obviously there's a couple of lots that Like those are all lots in there, but there's one single family structure there. I believe there's this one is two lots in a single family structure. This is multiple lots in a single family structure. So we do have some mixes in there. We do have single family primarily. There has been to the east of, and I don't remember if it's on 46th or 47th, but to the east and south of Lakeview, there's been some duplexes that are starting to go in, as well as some RM-style housing. It is close to schools and major thoroughfares of Armstrong and Lakeview Heroes Drive. The roadway on 44th is a local road with a right-of-way of 60 feet wide and paving width of 36, which meets all of our minimum standards, and the street is curb and gutter. The utilities, the water main in the street, which is on 44th, is a large capacity over 10 inches. The sewer mains, there's one in the alleyway and one in the street that are 8 feet. INCH CAPACITY LINES. SO LARGE ENOUGH FOR THE TYPE OF DEVELOPMENT. AGAIN, THE COMMUNITY NEED, EVERYTHING POINTS TO WE NEED THIS TYPE OF ZONING AND THESE TYPES OF STRUCTURES. THE QUESTION IS, IS THIS THE RIGHT LOCATION? WE BELIEVE DUE TO CLOSE TO MAJOR THERAPHERES, CLOSE TO THE SCHOOL DISTRICTS AND THE PROPERTIES THAT ARE THERE, THAT THIS IS A GOOD USE OF THOSE LARGE OR MEDIUM TRACKS THAT ARE THERE. is to provide some more density. If we were to do a fiscal analysis, while each of these other properties are paying property taxes, and even these to the south, some of these are fairly new, if we were to add all of those property receipts up and then calculate what it costs for all the general fund expenses for that street, police, fire, and everything else, we know we would lose money on a single family house. We just do. It just doesn't pencil out. We know that from our annual receipts that we know that our current property taxes do not pay for police and fire for our entire community. We just know that. And so anytime you can add density and more housing that helps pay, that increases the property values, the better off the community is fiscally and the better off property taxpayers are because then that property tax doesn't go up year after year after year so with that city staff is recommended approval changing this from the rs1 zoning district looks like i backspaced and took the one off but it is the rs1 zoning district to the rs6 zoning district so very similar to the last case the the big question in your mind is this is this the right place so with that i'll be happy to answer any questions

Any questions for Aaron? Again, very similar to the last one. No? We have a public comment. Looks like we may.

And Joseph?

Good morning. Good morning. My name is Ann Joseph. I'm in single member district two. First point I'd like to address is that it was stated zero in opposition received. I sent my email in opposition early last week. A triplex at this address will fundamentally change the character of our neighborhood which has currently single family ranch style homes. I have spoken with others in our neighborhood and no one has said anything favorable about the idea of rezoning this property. They are against it. The applicant submitting this request knew the current zoning for our neighborhood was single family residential when they recently acquired the property and then demolished the home of our now deceased neighbor, Hannah Covington. Over the past 20 years, developers have been building only single family homes in this neighborhood and then selling them at a profit without changing the zoning in our neighborhood community. The infrastructure is already in place to maintain that single family home setting. We just heard there's sewer line in the alley, sewer line on the main street, water line on the main street. Infrastructure is there. There was a single family home on that property. Neighborhood is single family. On a document or slide, it was addressed by the presenter that the Harvard study supported this, supported that. It said new homes reduce crime. It didn't identify what types of homes. Harvard study stated that multi-family duplexes, quadplexes, triplexes are going to increase crime. Also indicated that families with children do not want quads, they want a single family home with a yard for their children. We are, as has been noted, near the schools. Keeping this single family home, putting single family homes on those lots will maintain the character of our neighborhood. It will provide good homes for folks with families, with kids going to school. And I believe that should be paramount on your agenda to support the citizens that are being raised in our city. It's quality, not quantity, which will support good, future, solid citizens of our country and our city. Thank you very much for your time. Thank you, Ann. We appreciate you.

Any other public? Okay, we'll go ahead and close public comment and open for discussion or questions. Or a motion?

Okay. Well, I guess I feel like we're kind of in a learning curve here. For me, with this new zoning, and maybe this is something we can encourage our applicants moving forward, it would be really nice to hear from them. Because of the nature of the change, because... I absolutely understand that it needs to happen as far as we do need this type of development. It is intended to be beneficial, but I also don't think it's just because you apply. I think these residential homeowners that are next to it, I think they want to hear from the developer. I mean, I hate for him to be the guinea pig, but that's kind of the way I feel it.

And I agree in that aspect. Because this is new zoning, we are going to see a lot of questions, a lot of concerns raised over the next six months, a year, until we can start showing citizens what some of these things may look like. It is hard to wrap your head around what's going to go next to you. And I do wish that builders and developers, just like STRs, would take a second and talk to the neighbors. I think, again, just that neighborly... appreciation would go a long way for for many people um again i keep going back to affordability you know as far as you know in some of these neighborhoods you know we would love people to have be able to own a brand new you know single family home whether it's a just rs1 or if it's a duplex or a triplex, that they will take pride in ownership and that is our goal as a community is to make that achievable. Again, that's why we went through the development task force in order to get some of these zonings in place. Other thoughts or motion?

Okay.

I do have to say, I wish more people would respond to the letters, because that weighs heavy for me. Even just one person, I consider it. But all I can assume is that they don't disagree with it, that they approve it if we don't hear from them. I just don't understand the lack of response. It just shocks me.

And again, we understand in the community not everyone can come to these meetings, but that is why the letters are sent out, so that way you do have a voice. You are a citizen, you are important to us, and whatnot. But I agree with you, I do wish that we would get more responses. Again, I'm probably gonna be the bad guy, but I will make a motion in favor of the staff's recommendation. Do I have a second or any opposition?

Well, I'll second this for the same reason I seconded it before. OK. It's sad because sometimes we need this kind of property not to sit vacant, but to be utilized and to be used. I would hope that people would purchase and that that's the object of this particular and the other one, be driven, but we can't tell them what to do. But I second it.

Okay.

So we've got a first from myself, second from Candy. All in favor? Aye. Aye. Aye. All opposed? Nay. Okay, so same vote, two for, four against. Okay, well, that one is denied. On to special uses. We've got one case today. City Council's final authority for approval of special uses. SU 26-01, 3602, and 3618 Devonian Drive, which is SMD number one, request for special use to allow a funeral home and crematorium located at 3602 and 3618 Devonian. Hopefully I'm saying that right. I think so. Okay.

Austin Reed, Planning and Development Administrator. This request is in the Rio Vista neighborhood. This is within District 1, Tommy Hebert's district. The vision plan says that this is commercial, and the property you're looking at here is a little under two acres. What we have is a request for a special use permit to allow a crematorium and a funeral home. Sent out 18 notices, did not receive any support. We received one who was opposed from across the street there, as indicated by the registrar, and they cited concerns with increased traffic and street parking, and you have been provided with a copy of their responses. A look at the current zoning in the vision plan. As you can see, this lot is currently zoned heavy commercial. Around it is some light manufacturing heavy commercial, as well as some general commercial. I will say the crematorium portion of the business would be allowed by right within heavy commercial. It's the funeral home aspect of it that's actually requiring the special permits. The vision plan indicates that this entire area is commercial. Rationale, we do think it's compatible with the surrounding area. It's pretty comparable in intensity or less intense than the existing surrounding uses. There could be a demonstrated community for more crematoriums within San Angelo. And we also think it's unlikely to affect the natural environment in an exceptional way for the district that it's in if you look at what's around it. And it's also worth mentioning that crematoriums are regulated by some other bodies like TCEQ anyways. So our recommendation is of approval subject to one condition that they apply for and receive approval of all necessary building permits. This does include a site plan review, which goes through several departments. And as part of that site plan review, we will make sure that they have the correct amount of required parking within their property. You guys have any questions?

Any questions for Austin? No? Okay. Thank you, Austin. Do we have a public comment?

I think so.

Okay.

Looks like we have Mr. Don Aylor.

Morning, Don. Hello. How are you all doing? Good. How are you?

I own Don Aylor, Aylor Fence. I own the property directly across, and Aylor Landscape is also there. There's probably 15 cars on the street daily from the landscapers and the fence builders, and Right next to me, north of me, just adjacent to me, there's five 18-wheelers that load compressed gas that are in and out constantly. I get a truck from Master Howe Co. twice a week, so we're unloading with a forklift out in the street. Concho Fence has the same. They actually have... where they can park inside, but they have the truck park on the outside.

In the street?

Huh?

In the street, sir? Yeah.

Yeah, okay. So there's, and for some reason, the regular people in town decided that that's a good cut-through street, so they cut through there all the time, which causes a lot of problems when we're loading and unloading wood and everything. I don't have anything against progress in San Angelo. I think it's great for San Angelo. That property's been sitting there for a long time, but they need to address the traffic and the parking that's going to be... I mean, I understand it's a large track of land and everything, but they're going to have to... I mean, when they have a funeral... There's going to be people lined up and down with the police escorting them in and out and everything, which is going to have chaos. So I don't know. There's two side streets on each side of this property.

Okay.

And I don't know if they can use that instead of flowing out into the traffic there.

Sure. And what's the main street that the traffic sits on? Wait a minute.

I have no hearing.

Oh, I'm sorry. The main street that the traffic currently is on where you guys are unloading and loading, is that Devonian? Or is the street that you're saying that all the trucks and everything currently park on?

Yeah, we park right in the front. Okay. And as far as notices, I got my notice Saturday morning.

Oh.

So I didn't know anything about the meeting until I got this and I went... Okay, so I don't know if the other people even got theirs at all and everything. I decided to just come down, but I mean, I'm sure you're going to pass it and everything because it's probably, I mean, there's people in San Angelo, I guess they're dying to get in there, so. So it's probably a need, but there needs to be some type of side streets or something, usage and everything.

Okay. Thank you so much. That's great information. Thank you so much, John.

Thank you.

Do we have any other public comment?

There's no other signed up public comment, but I did notice that the – business owners that are looking to do this are in the audience. They were not here in time to sign up for public comment, but I don't know if you want to visit with them, if they're willing to come up and speak.

As a commissioner, are you all open to them?

Okay, wonderful.

We'd love to hear it. Also, I know that when you said there was none in opposition, right? Yeah, these are for this. These two oppositions are for this, correct? Correct.

Yeah, the emails that you do have from Mr. Langley and Ms. Wildey and then Mr. Ehlers. So that would be three that we're aware of. That's correct.

Multiple of those were from the same property, hence why it only came out as one red star.

Okay.

Good point.

Thank you all. Good morning, I'm Arnoldo Gutierrez II. My parents are Arnoldo and Ruby Gutierrez who own the property. With regard to the question, I can certainly understand that. The way that we plan to build a funeral home would be to make sure we have adequate parking within the two acres. I mean, that's going to allow for ample parking. When we have funeral services, those cars are lined up in the parking lot. They are not lined up along the street. That would only be in instances where there are overflow. This will be a smaller funeral home catered more towards cremation, so we don't foresee there being large funerals there. If there are, they would be scheduled. We have no issue with visiting with Mr. Aylor or anybody else around there to let them know in the event that there would be a large funeral. funeral but for the most part those cars are lined up within the parking lot and they are police escort services so we make sure we follow all regulations we have a funeral home on north oaks where it's on the street sometimes there's limited parking but we have never had any complaints we've always followed the laws and regulations we intend to do the same here as well okay wonderful thank you um in regards to and i didn't catch the side streets that mr aylor was referring to is there a way to yeah it's permian drive and fuselman drive

Is there a way to have those as your main entrance, exit, versus the frontage on Devonian?

Certainly, we can look with our architect. Now that we have those concerns brought to our attention, we can certainly take those things into consideration. We want to be respectful to businesses and make sure we're compliant with the law as well. Right.

you know, one way coming in off Devonian, but exiting off the other one just to kind of help feed traffic. Because I could see an 18-wheeler being parked there and somebody trying to turn and not be able to seat correctly around it. We would hate for, well, you might like the extra business. No, no, no, no, not that way. Anyway, that was rude. Thank you so much. Any other thoughts or questions for the applicant?

Chairman, if you'll let me speak for just a moment. This did actually come forward, started as a rezoning. It would have actually zoned it to just general commercial and then a conditional use. City staff evaluated and said let's keep it the heavy commercial and do a special use, which then is heard by you guys as well as to... City Council again since it's a special use you can place conditions on it we've been working with them they're working on a site plan and some other things there I know Austin did evaluate the roads they are built to our our local road standard and technically none of those business should be loading and offloading in the street technically but we know what happens I know it happens and we want to continue to keep our businesses and things like that they do have drive access on Permian and Fuselman currently and so they also have drive access on Devonian but I think we'll work with them on a parking lot layout and things that they've been working towards, and we'll make sure that that is reviewed by staff and continues to move forward to try to help if this is something y'all are looking positive at to move forward.

Okay, any other questions or anything for the applicant while he's here? Thank you so much, we really appreciate you attending. Okay, so we'll close public comment and open up for a discussion or a motion.

I'll make a motion to approve as presented.

Second. All right. We've got a first from Liz, a second from Lyndon. All in favor? Aye. Aye. 6-0. Finally. We got one. All right. So we've got two additional conditional uses to discuss today. The Planning Commission has final authority for approval of conditional use. Appeals may be directed to the City Council. Do you want me to take five real quick? Okay. Okay. Okay, I'm good since we have a quorum. Yeah, we have a quorum still. Our first case is CU 26-11, 209 Midget Street, which is SMD number 5. Request for approval of a conditional use to allow short-term rental within the single-family residential area located at 209 Midget Street.

and this was we we had read this in but it got tabled on the june 15th meeting i believe because they did not have their safety inspection at that point that is correct and they've attained that at this point okay um this one is in the santa rita neighborhood district number five karen hessie smith district neighborhood vision plan request for approval of the conditional use for a short-term rental as you just mentioned you guys heard this last month but it was tabled to give the applicant time to get their safety inspection passed I don't believe they are present today. They have asked if you guys have questions, serious questions for them that you table instead so that they're able to make it, but they did let staff know that. We sent out 33 notices. One was in support and one was opposed. The opposition did not list anything specifically.

Okay.

Here's the zoning in the vision plan. The zoning, you can see it's surrounded by some other single-family residential. There's also some multifamily and some general heavy commercial there to the north as well. The vision plan says that this area is neighborhood with some neighborhood center up there around where that commercial is. Here's a photo of the front of the property, and as I said earlier, they did pass their safety inspection on June 23rd, so that should be taken care of. We are recommending approval subject to our usual one condition that they follow sections 406 and 804 of the zoning ordinance. Do you guys have any questions?

I believe when you and I were discussing before, they have a current tenant in the property and so they're not going to be operating right away. They've got a little bit of... I believe that to be the case. And that's also why we couldn't get a safety inspection completed. It wasn't lack of trying. It was just some miscommunication between tenant and owner. Okay. And again, follow the same rules. We don't have any other Airbnbs within 500 feet of subject property. And they're aware of the hot tax. Should be. I have to bring that one up every time now. Yes, I know. It's part of our process. They should know. All right. Perfect. Any other questions for Austin? All right, thank you, Austin. Do we have any public comment? Not on this one. Okay, sorry, you said they weren't here. Okay, so with that, we'll close public comment and open for discussion or motion. Motion to approve. Okay, second. Motion by Candy, second by Liz. All in favor? Aye. 6-0. Okay, our last conditional use case, CU 26-14, 2825 McGill Boulevard, which is SMD number four. Request for approval of conditional use to allow a short-term rental within the single-family residential zoning district located at 2825 McGill.

Thank you. Austin Reed, Pauline neighborhood, district number four, Patrick Healy's district, division plan here is neighborhood. This is, again, a request for approval of a conditional use for a short-term rental. We sent out 19 notices on this to not receive any support. We had two who were opposed, one from the large property behind it and one from a property across the street. To my knowledge, they also did not list anything specifically. They just gave general opposition. Look at the current zoning. This is RS1 right across the street is our low-rise multifamily legacy district, which is a form of multifamily where conditionally used for short terminals are allowed by rights. The vision shows this area to be neighborhood. Photo of the front of the property. They also passed our safety inspection on June 22nd. On this one, we are again recommending approval subject to that usual one condition about sections 406 and 804 of the zoning ordinance. Do you guys have any questions?

Austin, do you know, did the applicant, they previously live at this property and now they no longer are there? It looks like they've owned it for a couple years.

I'm not sure, to be honest with you.

Oh, wonderful.

Oh, perfect, perfect. All right. Even better. Okay, so do we have any questions for Austin while he's up? No? Okay. Thank you, Austin. And we'll go ahead and open for public comment.

Hello. I was not prepared for this.

I don't have any space. No, just state your name and either your address or if you know your single member district.

Okay, my name is Nicola Benedum and we are the owners of the 2825 McGill Boulevard. Okay. And I just came here to say about my intentions and what kind of steps I did in order to have the short-term rental. So at first, I didn't plan to have short-term rental. I have a house in Florida that is long-term because we live now in San Angelo, so it would be hard to manage the property. So I have their tenants for three years. They are very happy. Before San Angelo River Station in New Mexico, I also found someone for long term and they are over there for three years. We are in San Angelo, I think it's been almost three years. And we are military family and when we got house in College Hills, I was just planning to find someone for long term because it's easier to have someone for long term. I don't need to worry about finding someone for cleaning or like other stuff. But before I would find someone for long term, I wanted to find someone who is good, who will not destroy the house. And stuff like that. So because the house was empty, I was like, okay, I will try and I will see if there is someone who would use the house for like a month or two weeks. We know a lot of military people that they are coming here for training and the dorms are full. Or I was speculating for traveling nurses or doctors. They couldn't have their animals in the house they were renting. So I'm like, okay, I would like to... help these people and have them in my house and let them to have the dogs because I know how hard it is to find some rental where they let you to have the animals. So that was my intentions because I was working with the people that they are like here for work and I wanted to have some people that are working that I know I can choose. I can be there in the city and take care of the house. And like I met all the people they were there. So I had I'm running it for two months and I had their people for each one was there over a month. They were very happy. I knew what they are going to do there. I was able to choose and I wanted some people. They are nice. responsible, who will take care of the house. I would not want anyone who would destroy the house. And I also said no parties because it's a quiet neighborhood. So I had some rules that I told them that they cannot have. So that was my purpose. I'm taking care of the house. I'm cleaning it while I'm taking care of my kids because I cannot pursue my career yet. So this is my way to get some extra income and not be or try to take money from government or something like that. So it was my intention just to help military members or some working people. And I got a request from one military person, one military family. They are coming on the 27th, and they will stay for six months. I was talking to the neighbors. I went around, and I was telling them the intentions. And I spoke with one neighbor next to us, and she was like, it's your house. Do whatever you want. You don't need to tell us who will be in the house. I was sending her all the screenshots, All the people's like, she was like, don't do that. It's your house. And then I went around like all the neighborhood. I think it was like 14 houses. I was able to speak with, I think like 13 owners. And I also spoke with the guy who sent the violation or complaint. Right. And so I spoke with them and a lot of people said they just threw away the notice because they was like, this is ridiculous, it's your house, do whatever you want. I'm like, yeah, I didn't know, like I have to go around and ask permission or I didn't know anything about the zoning. It was the first thing. When I spoke with the lady, I wanted to learn. They got annoyed by me because I was calling them all the time, and then they didn't call me back. So I still have a lot of questions, but I learned. The lady said that across the street is already Zone 2. She said, if I buy a house across the street, I would not need any permit. I'm like, why I didn't know that before? So the person who complained is in the zone where the Airbnb is allowed. And the person didn't do much research because the people I had there stayed over 30 days, and it's considered as long-term. The person that complained would like to choose who lives in our house. And people didn't understand that. It was like, it's your house. I'm like, OK, if I don't get the short-term permit, I will just get some students living over there, like three or four students. Would that be OK? And he was like, no, I would just move out. So it's kind of hard. Please, everyone, I tried to ask. I tried to know the neighbor next to us. She said she just doesn't want us to have males in the house. But it's also hard to have students. I cannot just say, I just want female. I cannot have males. We have also correctional facility on the end of the street. And my friend, she works there. I was considering to be their probation officer. And I know the people can just walk out from that facility. No one can stop them. The person that works there with the inmates, she cannot stop them. So there is higher risk than me having people there working. Because the people there walking out from the correctional facilities, they have no money. They have nothing. So that's higher risk. from them to cause something in the neighborhood. I spoke to our neighbors. I asked them if they had any problems with the people I had over for the month. They said no. Is the time going? I forgot about the time.

No, you're good. It's stressful being up there. You're good. No, that's great information.

Some people said they got the notice, but they just threw it away. I'm sad that I didn't do the signing or some stuff because I got like eight people. There is a lot of military family. They said, yes, you have my support. This is good because the dorms are full and the people, they don't have where to stay. And I'm getting the young couple with two cats and they have babies. So they are happy to have house with backyard instead of paying more money for some small hotel room. Right. Okay.

Thank you so much. Thank you. Any questions?

All right. I think we're good.

Thank you so much for coming today. We do appreciate it. Okay, so we will close public comment and open up for discussion or a motion.

I'll make a motion to approve as presented.

Second. All right, first by Lyndon, second by Liz. All in favor? Aye. Aye. All right, 6-0. Now, Aaron, pull up the Bing guns, director report.

Good morning.

Afternoon, my stomach's growling.

So I really just have two things. One is our comprehensive plan is moving forward. In fact, tomorrow I have an internal kickoff with THE COMPANY JUST TO SEE WHAT DO WE NEED TO DO BETWEEN NOW AND OCTOBER, WHICH WILL BE OUR OFFICIAL KICKOFF FOR THE PUBLIC. SOME OF YOU FOLKS I'LL BE CALLING AND ASKING YOU TO SIT ON DIFFERENT COMMITTEES AND DIFFERENT FUNCTIONS THAT WILL COME FORWARD WITH THE COMPREHENSIVE PLAN AND TRYING TO REACH OUT TO OUR COMMUNITY SO WE CAN ACTUALLY HEAR WHAT IT IS OUR COMMUNITY IS WANTING WITH OUR CITY. And so that's very exciting for me to really get that feedback, really trying to engage with the community to hear what we can from citizens. The second thing is this fall, I would like to know, and you probably don't have answers today, but I would like to know, what types of training or information would you as a board member like to know about planning? Is it process? Is it theory of why we do what we do? Is it how our zoning ordinance applies to certain sections of our community? We want to start implementing some, even if it's just 10 minutes at the end of a meeting like this, that we add some training on a section. Maybe it's the short-term rental section or maybe it's the whatever. How can we help educate you on what it is that we do? And it also is an opportunity that citizens can hear it and it's broadcast and things like that. So if you have ideas or... man, I'd really like to know why we do it this way. We would like to know so we can start working on that. And it might not be every meeting, because if we have a long meeting like this, that may be not the best idea, because at some point we all just are like, okay, I understand you're speaking words, but nothing's getting, I have that problem too. So we want to be cognizant of that, but we really would like to know what is it that helps you make the decisions for your community?

No, Erin, I think that's amazing, and I think it's much needed and definitely appreciated on our account because, again, sometimes we ask a lot of questions because we, again, we've got the knowledge, but we don't have the same basis that you guys have. So anything that you can do to further educate would be fantastic. I don't know if this is a silly request, but I know you pull up that slide. Is there any way that we, because again, this is so new, that way we're not flipping back and forth on slides, to have some sort, we had a slide a couple months back with the size of the structures based on the lot size in that table. I think it would just be easier for us to look at it in front of us, reference it. I don't know how everyone else feels, but there's so much information coming, and I'd just like another point.

We can certainly do that. Okay. And I will say this month we had some technical difficulties of getting, we were finished with reports, but they couldn't get posted. We were just having some challenges. And so we are trying to work internally as we have new staff come on like Nick and going to start doing cases that we are getting that information out a little sooner each time so that not only you, but the public can read and digest, all right, what is all this information? Okay. Because there are times in certain cases, it's a lot of information to go through to understand what are we really trying to accomplish here. So yes, I think any type of those educational handouts or things like that that y'all can utilize, we'll be happy to put together.

City resources are a commodity, so we will gladly hand them back if you laminate them. But if we can have them with the nameplates, I really think, at least for myself, that would be... So you're saying I need to buy a laminating machine and purchase in here, Doug?

Amazon, come on.

Okay, perfect. And I do have a question on, I think next month is gonna be very busy. I think we are going to have a lot of community members present. That was kind of my point this morning, is making sure that if we can be as prepared As citizens, as well as staff in the commission, that would be fantastic. Do we have kind of an idea on how to operate what's gonna, I mean, because again, I could perceive this Do we have to move to the other building?

I will be checking with city leadership and our city clerk to see if that's a possibility to move it to McNeese. I'm not sure that it is. It depends on if it's rented and all those things, and do we have that. But we are looking at how do we need to have enough staff to help folks that are coming in, trying to look at all of the cases. Friday was the deadline, and then today, look at all of our cases to see our... Do we want to have this one first? Do we have, all right, we're going to have this meeting and then we're going to have another meeting, trying to accommodate everything. Because there's certain things by state law that we have to act on in 30 days. So we have to do that. But we do want to be cognizant of how everybody, and everybody treated with respect so that people can hear what they have to say. And if somebody has a different view, that's okay. They can still have the respect to say what they have to say. I know that there are discussions of, you know, we're still working through what the application, what all functionalities are happening on the site, how it's laid out. They have us a site plan and some concept plans that will help us understand that. And then it's really getting into what are the impacts of changing the land use, particularly for the Rock Rose campus. But we do that on all the reasonings. I mean, that is our job is to dig in What are the pros and cons? What are the positive impacts? What are the negative impacts? What are the immediate ones, and what are the ones in 20, 25 years?

Can I ask a question about this? And I don't know if this is the right time or place, and I may have missed this meeting, but at one point this was proposed somewhere else, correct?

That is correct.

Did that just go away?

There was discussion of another piece of property. Right.

The 14th Street?

I think they had a property on 14th Street that the city owned. And under state law, if the city owns it and conveys a piece of property for a homelessness purpose, they have to notice one mile around. That's only if the city owned it.

Okay.

This is a private piece of property. They have the right to sell it to whoever they choose. It is the same applicant. And so it has come forward as a formal application now for the property.

We would have to notice one mile. And that whole process did not even, it didn't even get that far.

That is correct. They chose to not look at that site as strongly.

Because it was city owned and because they had to go one mile or...

I don't know that that was the sole problem or issue. I don't really know what the issue was. But they have chosen to focus on some other properties. I've looked at a number of properties, as I understand it, and this one happens to hit some of their check boxes to develop any property, whether it's for this purpose or other purposes. You're looking at infrastructure, and this one has a large water loop with hydrants. This one has large buildings. Now, it's an industrial site, so that's a challenge for us to consider. What are we looking at? So I think as it comes forward, there's lots of information about how we do our process internally and what our recommendation may be to this project. And then this commission has the fun task of digesting all of that and choosing to make a recommendation to city council on any rezoning. And this one is a big one. It has impacts. I think every one of us, if we were asked, do you want to find a solution for homelessness in our community, we would all say yes. How we accomplish that is the hard part. This is an agency that believes they have a, I shouldn't say method, but a blueprint from other communities that says this does work in some ways, and they will have their opportunity to tell us how that's going to work on a piece of property. I certainly hope they're here. I hope they are here, too. I am pretty sure they would be. We do encourage our applicants to be here. Yeah. We just encourage them.

Okay. Any other thoughts or anything from commission for staff?

Is that...

If that possibility is available for us to be in the other building, when will we know that?

We should know that this week. We'll know something very soon. that we'll be able to make that decision i just think that would probably be a little smoother with security and everything else yeah security seating i mean it's going to be standing in here but potentially yes i've had enough we will have to ask ask and ask for security to be there and things like that that's not something we budget forever so that's a hit to the budget to do that and i mean it's just all part of the process so we'll we'll have to figure it out okay

Okay. Well, with that, I appreciate everyone being here this morning. Thank you for all the citizens that showed up this morning. And I am going to ask for an adjournment.

I'll make a motion to adjourn.

Second. All right.