Planning & Zoning - Regular Meeting

Can we bundle this stuff up? It's just the agenda. It's just the minutes. Which I should sign, but I'm going to wait until it's been approved by the commission. That's all. All right. Ladies and gentlemen, welcome to this meeting of the City of Tyler Planning and Zoning Commission. Our first order of business is the roll call. Yes, sir.

Scott Williams. James Wynn.

Present.

Phillip Humber. Present. Christina Davis. Present. Michael Carmichael. Present. Roy Martinez.

Present.

David Hudson.

Present. We have a quorum present for this meeting. The Planning and Zone Commission makes recommendations to the City Council. Any item approved today will be heard by the City Council at its regular meeting on Wednesday, August 26th, commencing at 9 a.m. If you received a notice for this meeting, you also... have received a notice for the City Council meeting. If any item is denied, the applicant has 10 calendar days to file a written appeal with the Planning Department. The appeal will then be acted upon by the city council. If you're to speak for or against an item, please state your name and address for the record. Comments should be limited to five minutes or less, although extensions of time may be granted by the chair upon request. And those comments should be made at the podium up here.

uh... at the conclusion of this meeting uh... we will have a workshop to plan for next month's meeting and that meeting like all of our meetings is open to the public and it will be held uh... after staff receives the applications uh... we perform a technical review of each request uh... following that we do provide a public notice of today's meeting for each of the requests uh... today's meeting staff will present the the items and provide our recommendation on each one. After that, the public and the applicant will have the ability to provide public comment here at the podium. Following that, the Planning Commission will make a recommendation either to approve or deny each request, and ultimately the City Council will have the final decision on each request. If it's recommended for approval or if it's denied and appealed, the City Council will have that final say. With that, I'm going to turn it over to Anna Luna to present Z1.

Good afternoon, commissioners and everybody present today. My name is Anna Luna, senior planner for the City of Tyler. This first case is an annexation request. As you can see, the adjacent properties surrounding the proposed property are zoned with a variety of residential and we do have some C2 general commercial to the west. The applicant is requesting the annexation of approximately 1.77 acres of land that lies adjacent to the present boundary limits of the city of Tyler. It is located north of the intersection of Crow Road. The applicant is requesting that the property be zoned C1, which is our light commercial district, to develop a fitness facility. The applicant is needing to extend city utilities to develop the property. As you can see with the C1, the future land use map would be consistent of community activity center. The property and surrounding properties are currently undeveloped. Of the notices mailed, no notices were returned in opposition or in favor of the request for annexation or no original zoning. In accordance with state law, staff has also sent notices to public entities currently servicing the property and did not receive any response. All other departments have received the application and anticipate no significant impact on services and facilities by the proposed annexation. Staff wants you to recommend or consider recommending the new boundary of city limits, the new boundary of city council district number two, the new boundary of the ETJ that the city manager be authorized to sign a written agreement provision of city services per Texas local government. Like I stated, the amendment of the future land use to be community activity center the proposed zoning for the property to be c1 which is our light commercial district staff recommends approval of the annexation and the zoning of c1 thank you commissars any questions received staff yeah I've got one and you may not know this one but

Since they're kind of on their own little island right there, we don't have any city services, are we gonna bring the services along the, that would be the north side of Crow Road through an easement through GGS Ventures property? Kyle, how's the city gonna get to it?

I believe there are utilities. On that side? In Crow Road, yes, that they can extend to the site.

Okay. Thank you, Mr. Wynn. Any other questions? The notice that I have does not show anybody here to speak for or against this item. Are there persons here who would like to speak on this zoning annexation request? If not, the staff recommendation is to approve. Is there a commissioner who would like to make a motion?

Chairman, I move we approve A26-01. Second.

Motion's been made and seconded to approve this item. Any discussion? If not, all those in favor say aye. Aye. Any opposed? That item is approved. Next is S-26, is there 004 Tay Park, 3521 South Brattleway.

All righty, this is a special use permit request. It is located along South Broadway. As you can see, adjacent properties are zone C1, which is our light commercial, and there is residential to the west of the property. This request is to allow for a food truck park. The intent of food truck parks is to have a site plan that is consistent with the amount of food trucks that are at that location. They shall be considered as a primary use of the property and are subject to all development standards that are applicable. to the property. There are two types. There are minor food trucks parks that shall consist of two or four and there is a major food truck park that shall consist of five or more mobile food units to be at this location during operation hours. Um little backstory on this property. They had originally gotten approved in 2022 for a special use permit for a year. Um their permit expired and they renewed in September of 2025. Council at that time denied the sup because the intent of the special use permit was not BEING USED APPROPRIATELY. THEY HAD STATED THAT THEY WERE GOING TO HAVE NINE FOOD TRUCKS AT THAT LOCATION OPERATING. AND AT THE TIME THEY ONLY HAD ONE SPECIAL OR ONE FOOD TRUCK THAT WAS BEING OPERATING FROM THE DEVELOPMENT. the applicant has submitted a revised site plan which consists of six food trucks including three in the back and three along south right way or in front of south broadway the property is zoned c1 which requires them to obtain a special use in order to have a food truck park. The proposal does not provide enough information to determine whether it meets the intent of the food truck park, as it does not identify the minimum or maximum number of food trucks that would be operated on the site at any given time. Of the notices mailed, one notice was returned in favor and none were returned in opposition to the request. Staff has performed a technical review and finds that it is inconsistent with the approval criteria. Staff recommends denial of the special use permit.

Thank you, Your Honor. Any questions for City Staff?

And did y'all reach back out to the applicant and let him know or let them know that they didn't have all the documentation or all the information needed and were they able to provide that or did they respond?

We initially had, whenever they applied, they didn't give any other feedback, just the site plan that was provided.

Thank you, Mr. Wee. Any other questions? The person who signed up to speak on this item is Melinda Murphy. Ms. Murphy, if you would come forward.

Hi. Thank you for the opportunity for me to be able to speak on the behalf of Todd Cain. My name is Melinda Murphy and I did personally message Kyle and send emails asking directly what all was needed because we know that in 2022 the food truck park was already approved so we were kind of confused of why it got denied this last time because hit the commissary there is in compliance with the net health and then I I operate Yummy Asian Food. I'm sorry, I'm a little nervous. I operate Yummy Asian Food. I'm the owner of it. We ended up losing our food truck last year because of the shutdown. But Todd opened his door for us to be able to operate in his facility, so we were able to have our business now. And the way that we want things set up is Todd hired us on as a project manager to overseer everything. to make sure everything runs smoothly. Everything at the food truck park we have now is in line and in compliance with Net Health. And I did personally email, I think I sent like three, four emails to see what the logistic reason of why it got denied, and I never got a response for that. And I did review the video of the last meeting and I didn't see anything, any reason why it did get denied last time, why it didn't get approved. But I'm standing here to ask for y'all's favor and approval to be able to have the food truck park.

Uh, Ms. Murphy, would you state your name and address? I, you stated your name, but tell me your address, please.

Yes, my name is Melinda Murphy. The address is 3521 South Broadway. Okay.

Any, uh, questions for this lady?

Kyle, can you clarify what was, what's missing? That's been a while back. I don't remember exactly what, uh, circumstance was.

Yeah, I, I think the... from a staff perspective is really what the definition of a food truck park is, which is to have at least two food trucks operating at a time, you know, two to four for a minor or beyond for a major one. So when it's not, when there's not minimum number, you know, at least two, then it's more of a, you know, allowing a land use that would not otherwise be permissible. So a transient vendor, you know, one food truck on site is not permissible in C1 zoning. if the if the intent is still to have one food truck operating um that that's not the that's not the land use that's being proposed so the proposal here is the request is to have a food truck park without that that lower range being established in the approval, it's tough for staff to say whether they are meeting the intent of the use. So minimum of two, minimum of three. I mean, really that number is up to P&Z and council, but if you were to look at the site plan, it would suggest that And any time there's six operating, which past practice on this property has not been the case. It's been one, I believe. And so I think that's the question for the commission to maybe get from the applicant what their actual proposal is. how many they plan to operate at any given time. And if the commission and ultimately city council feels like that is meeting the intent of the land use.

So to clarify, we don't even have a standard that we're asking them to meet.

We do. We have the definition, which is a food truck park. Which is what? Which is not one food truck.

Okay, but there's not a two or three or four minimum. You just say it's a food truck park. So there's still not a final definition to say whether, because we may end up wanting it to be five. We don't know. Sure. That's not there. So we're asking them to provide that number, and we don't have it. So it's subjective to see what they provide us. Is that correct?

staff would recommend that the to qualify as a food truck park that there's at least two that that lower range is two yes i did look up the information of the food truck park and at the time when we were operating so we were one of the food trucks dan she was a so food um food truck part uh one owner and then we had j dubs we had a coffee so we had four food truck on site. Another thing is we did rescale the application down. Instead of having a major one, we're asking for a minor one, which is up to five food truck being there. But what we learned, the pro and cons about having the food truck, the con was while the food truck was in the back of the parking, They weren't getting exposed where people weren't able to see them. So when Todd moved us up to the front, we were able to get traction in. And it was really a blessing during that time because we had ended up just getting our food truck. Somebody gave it to us. Somebody sponsored it for us. And during that time of the renewal when we lost it, it was barely like you know just like any business we got to learn what works what doesn't work and what didn't work was having the food truck in the back but when we moved it all to the front that's when we started seeing a lot more traction if i recall i think kyle helped me here when we did look at that the verification of it was the fact that their food trucks were

that they had were sitting at the entrance, which would have blocked services, and that was the revocation purpose there. And then there was some issues with disturbances in the back, on the backside of the property that we had concerns with because it backs up to residential as well. That's what I recall looking at.

I think the... I'm not sure about that. I think the initial plan that was approved for the last one, everything was in the back. But they weren't operating that way. The applicant or the owner had the the one food truck in that area along the side of the building closer to Broadway. I mean, still off Broadway, but still not in an area that was on the site plan. I think there were some code issues related to lighting, maybe some police calls, whether related or not to the food truck activity. But yeah, those are some of the things that were discussed last time, you know, the arrangement of the layout. I will say the, with it adjacent to residential property, it does need to provide, you know, a buffer standard. The site plan or the SEP special use permit cannot be approved to create a variance to the standard. whatever they would need to do for buffer, all those other requirements, sound and whatnot, this wouldn't waive any of those standards. I will also say that the site does have a commissary, and so there are trailers and maybe some trucks there are parked there to utilize the commissary, which is permissible as is. The difference here is whether they can open and operate to the public. That's the restriction right now. And so I'm not sure if the communication here is that they have for operating or if it's for utilizing that space in the commissary. I'm not sure what the facts are.

Go back to that site plan. In the plan, there's six trucks it looks like, is that right?

Six trucks, yeah. I believe the plan beforehand, the three that are on the side of the building were in the back. So it was like a little courtyard area right there. So the change here is that three are back there, three are on the side. Although I think there were more last time too.

I've got a question. If we approved two to five trucks, is the location of the three at the front okay? I mean, is that allowed if we approve it? I know that was one of the things we had a problem with last time, but that was because they were not shown there originally. So if we have them there now, is that permissible?

I believe so. I mean, they're not in a fire lane and I think the applicant, they can confirm if they still have a joint parking agreement with the neighbor.

Yes, we definitely have plenty of parking and we did get the fire lane painted and everything that was required, we did get that situated and everything. We are totally in agreement with if there's any noise that the neighborhoods are concerned about, we will definitely take care of that and make sure it's at a minimum for sure.

Is there a buffer on that west side there for noise? Is there a generator inside of these trailers, or are they only using energy from the commissary?

Oh, we have an electricity plug-in post, so each post has an electrical where they can use. So the noise, when we had our future, we were able to use the electric post, so it wasn't noisy.

Is there already a landscape buffer there? Did you say it was required that there would be a landscape buffer? Is that already there? Oh, and we did get the light fixed.

I think you had mentioned something about the lighting. We did get all that taken care of, too.

Kyle, can you go back to the site plan picture, please? In the notes, on number three, unit is reviving existing food service and bar operation to include mobile food service commissary kitchen. So this is a potential food truck park, it has a commissary, and now it has a bar. So...

It's two separate businesses. It's definitely two separate, where the food truck park is just the food truck park.

But you mentioned that the commissary has now met Net Health. because I knew that was a problem. The bar, where's the bar as far as this site plan and does the bar allow them, can you walk out of the bar with a drink to a food truck?

No, no, no, you can't even bring it outside at all. That's not allowed. So we do have that in place.

In the past, that has been a problem.

yeah no it's not a problem sir we we even have signs up like you cannot take any drinks out and we have um security in the front to let people know so we do have security on site okay all right any other questions from miss murphy no questions sir

Yes, sir, would you like to speak? Yes, my name is Todd King. Would you please step to the microphone?

Yes, my name is Todd King, and my address is 35 South Broadway Avenue. I'm the owner of Exchange Bar and Lounge, and when I first asked for my special use permit, it was for eight trucks, not nine trucks. And the trucks were in the back because that's how I had everything set up at the time where people could, you know, go to the back and pick which food truck they wanted to go to. But I'm also a commissary, so it was beginning to be kind of congested because the trucks in the back, some of them weren't being used. So the trucks that were being used, I moved them up front so they could be seen by potential customers. So that's why they was moved up front. And we do have the fire lanes where it shouldn't be any problems for fire trucks or police to come through. We never had an issue with traffic or anything. And as far as the lighting, the only issue with that was is that, yes, we did have somebody have their car broken into in the backside of their parking lot because it was dark. I bought new lights, I put them up, and I was pretty much harassed by Kyle to pretty much turn him down. And now you can't even see in the back parking lot, you know, so, but we, we haven't had any issues, how he said about people in the parking lot drinking, and we have an event in the parking lot or whatever. I'll make sure all that is taped off, like on the board, I used to do in the past.

So, or any, any, any questions for this gentleman?

what is the plan for the number of operating food trucks on a consistent basis uh it's it's hard to say if i mean it depends on who wants to work that day if i have three food trucks i would like all three to be operating but we might have one working you know that morning for breakfast we might have one working for lunch and then one for dinner but they might not all be working at the same time and from my knowledge was from the wording that we went by, why we felt like we didn't need a special use permit at the time was because we was only running one truck at a time. It costs, you're supposed to run two trucks to be qualified as a food truck park. But sometimes that might not be the case. But I mean, There's three up front. They'll be operating, hopefully, you know, all the time. And then the ones in the back, they're just storage for, you know, commissary customers to store their food truck.

So if I operate a food truck and I wanted to be one of these three there on the front, do I just leave my truck parked there? Yes.

No, you can leave your truck parked there. If you work in there daily, you can leave your truck parked there.

Because it goes back to kind of what you said. You made the comment, I'm not sure how many. There may be one for breakfast. There may be one for lunch. There may be one for dinner. How can you coordinate the number that are coming and going if you're not real sure who's gonna, I mean, how do they, if just hypothetical, if Steve wanted to bring his food truck, Roy, and me, and all of a sudden three of us wanna be in the front, but there's already one parked there that was left from the day before, I'm just trying to figure out how you coordinate your food trucks coming and going, how you know who's gonna be there. Whether morning, noon, or night, just so you know your numbers.

Usually, how we had it set up, I know Yummy Asian was working pretty much every day of the week. And then we had J Bugs BBQ. They might work one or two days a week.

We'll have people in rotation.

So we just rotate them. So if we know that that person's not going to operate that day or a couple of days, and I say, you wanted to come and bring your truck, I would tell that person, hey, I have James coming. So can you move your truck to the back so he can have the spot?

as simple as that we just rotate well we have a list of a sign-up sheet where when the food truck wants to you know like what days they're available and what days they would like to work we have that planned out where we have a list to put them down so then people would be in different rotation like if we have just breakfast um food truck in the morning or lunch or dinner it'll be like in a rotation

But even with the trucks there, it's not impeding the fire lane or anything like that?

Yeah, there's plenty. If you've ever been there, there's plenty of space and parking where that backside, that whole strip, it's like there's so many parking areas.

We haven't had any issues with like rotating trucks or like I said traffic or anything.

It's pretty smooth like going in and out.

Kyle is there if if there's only one food truck operating and no more than one is that SUP part how does that work is that what does that look like for us?

So if there's one food truck on the site, the current zoning would not allow for that to be the case. past practice for the site, the owner used the property as a food truck park in name to only have one food truck, which is not permissible. And so without any other information to the contrary, staff's concern is that that will continue in the future, which is not the intent of the code.

So if it's your issue about us running one food truck or or whatever's I mean what what do we need to do?

I mean I think what we have learned even in the food truck when we have starting a business like if we bring other food trucks on right for instance like they have other business um they're there will be two or three food trucks there, but we're asking for a lesser scale, which is up to five food truck on premises.

I really just think that from the standpoint is there's a mismatch of what is required to make it fit with what we're looking for versus the uncertainty in the food truck model that you have. It's not the food truck model of, where you see in certain areas where there's static and there's a dozen of them or what have you with enough walking traffic. So that's why you have this ups and downs. So it almost candidly, and believe me, I've struggled in different areas of business too. This one, the ambiguity of the up and down makes it really hard for Kyle and team to say, yep, it fits, or no, it doesn't, because you may have one, you may rotate, and then for a period of time you have five. there's an incongruency of what you're trying to do versus what's required in this parcel here, it looks like to me. I struggle with that too.

Yeah, the goal is definitely to have more food trucks stay, but just like what we learned, people are going to, if you want a food truck, it's hard. You know what I mean? It's daily grind, daily hustle. Whether you make $20 or you sell out, you have to learn to stay consistent and be disciplined to do so. And we learned that through the year of us just making $20, $30. We still stayed every day, every day, every day until we lost our food truck and we're able to be inside now. but that's up to the owners too you know what i mean the food truck owners that do come on site and they do learn the in and out of their own business but the goal is to have consistency in having food trucks there so we can create an opportunity for other people to be there and have you know their business there we didn't have any issues when i had my my last special use permit

I mean, the only, I guess, reason that they came, he came basically because he said that I wasn't following the rules because I have the trucks in the back. But I explained that it didn't make sense to have all the trucks in the back when can't nobody see all the trucks in the back. That's what I'm saying.

Your model doesn't work on that partial because the way it would have to be is to be in the back, but then the business isn't successful because they're in the back.

So that's why I've made a new plan to have the show that I would have some trucks in the front. And when I first opened up, they said I didn't have to put a fire lane. And then when they closed me down, I opened back up. They said I had to put one. So now I have one in the trucks or not. And even then they weren't exceeding, you know, the fire.

But we did do everything that was asked, you know, so we could be in compliance from the fire lane, the light to hire staff on site to be able to overseer everything. So it would run smoothly.

I'm just trying to help people. to have a business and to run the business. I mean, it shouldn't be that hard to try to help somebody to run a business over one or two food trucks. I mean, the language say, yes, to be considered a food truck park, you have to run two or more food trucks.

the person might not come to work that day so i might not be able to run two food trucks at the time just like you might call into work i mean you're missing work that that's going to be i mean that's going to be a serious problem for you because if you have somebody that comes and they try it and like you said they're there and they make ten dollars they're going to go find a high traffic location on a corner somewhere in a well they do that already they rotate like even with first monday in right now what i'm saying is if they're not successful on the day they try you they're going to move so you're not going to know how many you're going to have each day and if it's a day that the city drives by and they sit in one food truck operating there they're not operating with the guidelines of their sup do i need to take the sign down to say food truck park and just get the park no i'm just i'm just walking through a scenario yeah yeah because we just want

If I have one food truck to help somebody to run a business or start a business, I don't see the real concern about that. There's no danger in that. Nobody's getting hurt.

What I think is what we advertise, we'll definitely advertise because since we lived it and been there and learned the ins and outs of the food truck park, we definitely are there to encourage people. You know what I mean? Like, hey, keep coming back. We're going to advertise. We're going to help push you. And that's where it's at. You know what I mean? And with us being able to be in the front, we were scaling. We were going up. You know what I mean? Being able to make money and being able to get that foot traction in because we were right there, like right in the front. And that's like Broadway, mid-Broadway right there is good traction for people to be able to see the food truck when they're right there, right at the front. But the goal is to have... Up to five three truck, you know, we just got to work the pros and cons out as we learn and go about the business Oh, I want to thank both of you for your time and presence here any other questions for these?

What are the hours of operation Several questions. What are the hours of operation? the bar that's on-site which Tyler PDs have problems with out in the parking lot. What are the hours on for its operation and does the bar provide food?

Yes. Okay. The bar, uh, the bar lounge operation, uh, hours are from one to 12 and on Saturdays, uh, one o'clock.

But there is, I've watched Todd. There is a zero tolerance for nonsense. Like they deescalate situation when situations come up. They do call the officers to be in compliance. So, you know, I've seen that at hand. Deescalate situation is number one. And the hours of operation for the food truck, if there's breakfast, that would be from what, 8, 7, 8 in the morning?

Yeah, it just depends on.

Depending on how we could accommodate to the food trucks.

James, I'll answer your question. I have a question. Kyle, if with two or three years ago when they had the changes in the state regulations of food trucks, I think it's maybe I'm misrepresenting how long ago that was, but hasn't that made it easier for a food truck to operate now and therefore may eliminate a few of the problems of getting trucks that they would have had three or four years ago?

If you're referring to the state uniform permanent of food trucks, I'm not sure if that's going to change the market, but I think perhaps the industry thinks it might. So to your point, perhaps, yeah.

Again, thank you all for your time and your presence here. Any other questions? Are there other persons here who would like to speak on this item? For or against? I think we've discussed this item probably over two or three meetings. The staff recommendation is to deny, but it's the commission's decision. Is there a commissioner who'd like to make a motion to approve or deny this application or otherwise?

Mr. Chairman, with all due respect to what they're trying to do, I think this is a square peg in a round hole right now for us, so I would vote to deny S26-004.

Second. Motion's been made and seconded to deny this special use permit request. Any discussion? If not, all those in favor of the motion say aye. Aye. Any opposed? Thank you all for your time and presence. The next item on our agenda is Z26-020. This is Highland Dairy. There are two Highland Dairy items on the agenda, and the first one is a zone change. Anna?

Yes. This is a zone change. It's currently zoned R2, which is our two-family duplex. The request is for C2, which is our general commercial. As you can see, surrounding areas are zoned with a mixture of residential, M1, which is industrial, and then to the east, you do have that C2. That C2 is also owned by the applicant. It is the Highland facility. The applicant is requesting the zone change to conduct a two-story administrative building with associated parking lots. The future land use would be amended to innovation mixed use. The surrounding area is transitioning with recent expansion by the Highland Dairy. The request supports economic growth, economic development, and would allow the applicant to construct the two-story building, administrative building with parking that is required. With this property, with a C2 zoning, the applicant would be required to provide a type B buffer yard, which would be adjoining to residential zonings. The UDC also requires them to provide lighting designed to prevent light spillover onto residential properties. Of the notices mailed, no notices were returned in favor and four were returned in opposition to the request, bringing the protest calculations to 16.25%. Concerns for this were increase in traffic, noise, heavy commercial vehicle activity, and general disturbances. The proposed use for this property is for an office building and parking. With that, staff has performed a technical review and finds that it is consistent with the approval criteria. Staff recommends approval of the request.

Thank you. Any questions for CD staff?

Anna, has the applicant applied for closure I guess it was a proposed road at one time in between, say, lot three and 1314.

So the next case is the closure.

That's the second, okay. I got ahead of myself, I'm sorry.

I have a question. RPO versus C2. Since this is an office building, it would help to buffer the neighbors if it was professional office versus C2.

Yes. Well, actually, if it was RPO, the buffering would be smaller. So the type B buffering required between C2 and R2, if you go back to the zoning map. is 10 to 20 feet, where the RPO to the residential is 5 to 10 feet. And so actually, knowing that the applicant is developing an office building, they are a known entity. So it's not a speculative request. So the proposed use is Sure, it could be permissible at our PO as well But if the concern is about buffering that c2 actually provides more buffer Thanks Mike any other questions for see Stan All right, I have Sharon Moore and signed up to speak I

My name is Sharon Moore, but I'm speaking on behalf of my cousin, Christia Franklin, who lives in the property right next, it's right beside the red portion, right smack dab in the middle. It's problematic. I worked for city government before, so I understand the economic repercussions, right? However, this is simply more than a transactional situation. I see several people here. I'm assuming that they live in the community as well. Christia couldn't be here today because she has disabling conditions, but she wants to make it known for the record that she strongly opposes the rezoning. at this time. Um, you know, they view this property as their home. This is not about, um, just a piece of land. I can tell you from my personal experience, my uncle and my aunt, when they were living, we would have a family gatherings there. The lot that they already have developed used to be a place where we would have our family Easter egg hunts. Every April we would celebrate my grandmother's birthday, but she was deceased during that time. So this home serves as sentimental value and a place of residence. When people purchase their homes, they don't expect to experience a commercial experience, okay? If this was your parent, your loved one, your sister, brother, whomever, how would you feel? i mean this is we talked about the noise we've talked about the uh... increase in their traffic we talked about the lighting all of those things come into play They have tried everything, everything. We have to be humane. We have to be respectful in this process because I guarantee you, if it was a person in your family, you would not allow what has happened to my cousin. I've had to write letters about the way the realtor has treated her. with total disrespect just because you're in a lower socioeconomic status. It's critical that we treat this with kid gloves. It's critical. And y'all understand exactly what I'm saying. You can look down at your monitors. You can do whatever. But if it was your family, you'd understand. And so we're just asking that at this time, Ms. Franklin and her cousin, King Andre, Mumfrey reside in the home, have experienced loss. She has experienced severe health problems and she has made great strides in her improvement and her recovery and her health and in her home, okay. She made it out of her house the first time to a family reunion a couple of weeks ago. It wasn't without problems, but she did. But that's her home, her home. Y'all let that resonate with you. I, again, I understand the implications. So at this time, um, I just want to say that we have to consider the people that live in this area and their feelings, uh, for the lack of that, you know, when a commercial entity comes into play, um, you're gonna have more traffic i've watched this over the years i'm telling you that little field that was out there is now a parking lot when i go through there it's like i can't maneuver they've trespassed on their property they have knocked down trees and damaged prop her property and have really been So I've never seen it in my life, okay? There was a couple other things. Yeah, it's a lot in the background. I don't know if y'all are aware of it, but the realty company that they've hired have harassed her, have called her crazy names, have just done implorable things. And so I had to write a letter to the realty people So that's how serious this is. This is not a game because people will be displaced eventually. It may not be today, but as for now, if you could just consider not approving the rezoning because she needs to recover. She needs to get her health back in her home in peace. And when they purchased that property and there is a family lineage in that property, they did it with the intent to be able to stay there for generations to come. And so for these reasons, we respectfully ask the council to deny this rezoning. and protect these families so that they can continue to have their neighborhood and their community and be able to reside in their homes. Because it's not easy to go to a new home. I live in an area with the HOA. I don't like it. I got to keep my grass cut. I got to make sure I have two trees here. You understand. So if they get displaced and to move them somewhere else, where will they go? Okay. Thank you for your time, and I appreciate you.

Thank you for your time and presence. Any questions for Ms. Moore? Any questions for Ms. Moore? Again, thank you for your time and presence. Are there others who would like to speak on this item for or against? Yes, sir.

My name is and I live at 304 North Clayton Avenue. I'm also here to speak on opposition, like what Sharon has said, because of the increase in traffic, the noise, and all of that, and everything she has said, because I also live with Christia Franklin. And another reason why, because they also have torn up parts of the road when they was working on the parking lot, they would have to, they also disrupted our services. to work on, and we needed services to survive on. And like I stated in my letter, I've been a lifelong resident of that area. And also, it would increase property taxes and all of that. So that's why I'm here to speak in opposition to the request. Thank you.

Any questions for this gentleman? Thank you for your time and presence. Are there others who would like to speak on the side of the floor? Yes, ma'am.

Hello.

My name is Vanessa Joyner. And what else did you need to know? My address. It is kind of nerve-wracking when you get up here, all of a sudden it's like hands wet.

Take it easy. We're friends.

Thank you. But I'm at 327 North Horace. My main reason for protesting was I did not understand what was happening and I had came hoping to find out from Highland What was the strategy? It isn't that big of a deal. I've moved so many times in my life. I can't say that it's, you know. I just wanted, because I guess after a couple years, I was under the understanding that those properties would be purchased. And so we kind of sweated things out because we knew, okay, this isn't going to last forever. And then just recently we found out It seems as if there's a new strategy and our block is going to be cut in half and it's going to turn into commercial property, which presents a new issue for me because my house is the newer one on the block. It's only six years old. But like I said, I'm okay with, what do you want to say, revitalization. It's not that big of a deal for me. But sorry, nothing, you know, for those who, you know, I get it. My dad lived in the same home for most of his life. But I just really wanted to understand why that was taken off the agenda for Highland and why it turned into commercializing the entire block, which I thought it was going to be purchased. So that was my thought.

I'm sorry.

Yeah.

Could you tell me which houses?

I'm the one right at the top right there. That's it.

Vanessa Joyner.

Yes.

Okay.

So I'm okay. But we had seen people, their properties were purchased. And so for some of us, we just thought that it would just, now I was never approached by any realtor. So my experience is totally different. I was never approached by anyone. So you have different experiences on this block for different people. But I think that's all I wanted to say. Thank you.

Thank you for your time and presence. Any questions for this lady? Are there others? Yes, ma'am.

My name is Linda Davidson, and I stay at 1309 East Line. My house is right on the corner. I have a fence going down beside where they're trying to put whatever they want over there. I'm by myself and I think it's really dangerous for me by they having to park a lot over there. I don't know a thing about who they gonna park over there or what's going on. And really, like she said, I was thinking they gonna purchase but it's not that important because I've been in my household 40 years and I think If they're not going to do anything, just don't put anything over there. If you don't bought those houses that was there, just leave us alone if you're not going to do anything. Don't put a wall or whatever down there beside it. I don't want that. I like sitting on my porch every day and nighttime or whatever. And traffic, like I said, noise. Who wants to... Sit out there and be a man out of that. I'm used to being, I am by myself. I don't have anybody at home with me. So why go through all of that, you know, of having something over there? Just leave it empty. If you don't got what you want, just leave it like that. Don't put anything over there. And that's all I have to say.

Thank you for your time and presence. Any questions for this? Are there others who would like to speak on this item? Yes, sir.

Hello. My name is Emmanuel Sanchez. I came on behalf of my mom and my dad, the owner of 1308 East Lucas.

Which one is that? Is that on the corner?

Yeah. Basically, we have most of the park. And basically, our neighbors, we'd be struggling trying to, like, when they started doing the other part, like trying to build, when they were doing the building and everything, the parking lot, it was, like, bad. Like the street, they were parking everywhere basically. And it was like horrendous. Then there were some instances trying to get off, trying to get off from our house, trying to get off our street to go to Commerce or to the other ones, the big street. It was like a hassle. for not crashing, that's one part. Because basically when they start doing that, building the offices and whatever, it's going to be the same thing. It comes down. And then for me, my more priority is more as taxes. Because we're not in like the area of, more of the South that is more, have more economical, you know what I mean? We're more on the middle, less than the middle. So it's more harsh on us for the taxes. So I feel like IFNA impact us real bad on that, for sure.

So, yeah. Thank you for your time and presence. Highland Dairy has vastly expanded their operation over there. It's not just a parking lot or a building. Are those concerns that you're representing here?

Yes, but not as much. For me, my perspective, we don't mind to have more jobs, like, that ain't for us even bad. It's more as affecting that block, basically, just coming in, just try to take over that small spot, basically. For me, it's just a might as well buy the whole block, and get rid of us, but give us the good amount of money so everybody can get out from there, so we can buy our houses with the expenses of moving out and everything, because right now it ain't that cheap. It ain't cheap to move out. So that's all from my perspective.

Back to your comment, during the construction period, it created a problem that would park on Locust and on Side Street. Since they finished all their construction, is that a problem still?

No, not right now, not no more.

Because they've got plenty, I know you can tell in the diagram, plenty of fence in parking for their employees and... Most if not all of their traffic I believe is coming in a four so that's not coming through in front of yours.

Like the parking form were there like for the building like now for the job site when they were working it was not them like we don't have no problems with them it's just more as when they were working the job site like the workers yeah it was them yeah. Some occasions, like the trailers, they get confused and they try to come on in the other side. Yeah, that's a little bit, but that's a rarity. That's a rarity.

Thank you for your time, President. Any other questions for the gentleman? Are there others who would like to speak on this item for us? Is somebody here representing the applicant?

Yes.

Yes, sir. Would you?

My name is Barry Beeman. I'm the general manager of Highland Dairy. I am willing to meet with any of y'all after this meeting and discuss your issues if you'd like to. I'd certainly like to address them. Our construction's over. We spent $110 million building a new facility. We attempted to purchase half the block. We understand the one issue that the lady spoke to about the one home We'd like to resolve that, and we've offered to, but weren't able to reach an impasse. Overall, we're gonna be good neighbors. We're gonna put up sound barriers. That's an office building with parking lot, so we can house the employees that we're hiring. Any other questions?

I guess you've got different employees, those that work in the business and those that are in this office building. How many employees are you talking about?

Well, right now we're around 93, but we're expected to grow that in the next five years. Our business is going to double, triple in the next year and a half.

So you'll need to move administrative that may be in your older facility into a new facility because the operation side of it needs more room?

Yes, sir. We currently had a small operation that we purchased back in two thousand seventeen and we've developed that added jobs added people and work with the the neighbors i was disappointed to hear that about the realtor i am unaware of that but uh... i certainly will address any problems that we have when i drove through i saw lots of fencing

Are those sound barriers? Yes, sir.

What are those? That is a sound barrier fence that's recommended for commercial use to help keep any noise out. And the construction noise is basically over now. What we do have is tractor trailers on the far right. of the green area parked there. And the thermo kings are running at times and that's why we put those up.

On this new part of your operation, are those sound barriers going to continue? Yes, sir. Can you indicate what it might look like or just where on this chart?

Our long-term goal would be to come straight across, all the way across with those sound barrier walls for the residents that are close by.

And when you say come across on Lyon Street, is that what you're talking about?

Yes, sir.

not at the new office, but you're talking about in the existing portion.

Yes, sir. What about the new office? At the new office, I can't read it from here.

Yeah, it's kind of hard to see.

Yes, right there in that corner, long-term, we'd like to come across. But temporarily, we'll put a sound barrier up in the green area that we're talking about. But long-term we'd like to open that road to where it's all within one compound coming into the administrative building you know what the alley yeah the alley has doesn't even really exist there it's on the plat but there's nothing there i think he's referring to clinton avenue i'll say this ms berry when i've been in your facility before

If you don't go very far inside your gate without someone stopping you, I commend you on the security you have there. They are quick to direct me where to go and just when I wanted to tour your facility.

We do. We have armed security. assist the neighbors when it comes to that we've heard gunshots before and our officers call the police department and that kind of thing but overall that it's a it's a good neighborhood we rarely have or see any problems in the neighborhood so around the off new office building will it all be nicely landscaped yes it's all been yes sir it's all been submitted we've already got a plan the The building itself will be, it's projected in the future within a year to get it started. The parking lot's immediate because of the growth that we're experiencing. We're gonna move the employee parking lot over to the green area.

Thank you for your time and presence. Any other questions? Uh, if you, if you, if you want to speak, come to the microphone and, and, uh, share with us.

Mr. Beeman, thank you for sharing that, but it's very disappointing that we've been in this game. I think I have for about three years and I've never had a contact with a Highland person, um, directly. I think if this was for the community. It should have been some type of community meeting to discuss the plans. That's how you're a good steward of the community. There's money on the table for the city, for Hyland. We understand that, but we have to include the citizens of this community in these conversations. It sounds good to have all this landscaping, but again, my cousin's house is right there. In the middle. At 304 North Clayton. Right there in the middle. So that's prime property. So what is she going to be experiencing and he going to be experiencing? Okay. I'm sorry. So y'all consider that. So your company needs to take an opportunity to meet face to face with people in the community. This is not transactional. This is emotional.

Thank you. Thank you for your comments. Thank both of you for your comments. It's always advisable for situations like this for people to meet and communicate if that's possible. It's not something I can mandate, but maybe it helps sometimes. Are there others who'd like to? All right, if not, the staff recommendation is to approve this as an actual zoning.

Can we see the zoning map one more time?

So the request is to extend C2 across the Clayton Street into the green areas. Yes, sir.

If you have the future lane, go ahead and map as well up there.

I'm still... thinking we should have a barrier zoning in between like RPO, even though the requirements to landscape are smaller, I think it would keep from having a problem in the future of having the commercial directly against the back of someone's house. And it would give a little zoning barrier like we typically try to do. Yeah, either that or just RPO.

Our commissioners, we've heard lots of interesting and important information, and the staff recommendation is to approve this zoning change. Is there a commissioner who'd like to make a motion?

Mr. Chairman, I'll make a recommendation based on staff recommendation to approve Z26-020.

Mr. Wynn makes a motion. Is there a second? I'll second. Motion's been made and seconded. Any discussion?

I'd like to add that I think it'd be good to have a communication between the applicant and the police.

My only comment is I've been here a long time and this is one of the most difficult issues I've had to face. But the motion's been made and seconded. All those in favor say aye. Aye. All those opposed say no. No. By a vote of three to two, the zoning item is approved. Next on the agenda is also Highland Dairy. And this is a closure of an unapproved right of way.

Yes, this is the closure. This is in continuance of that zone change. The applicant is wanting to do the closure to replant the right-of-way into the adjacent properties for expansion of the proposed development. of the notices mailed. One notice was returned in opposition. None were returned in favor. Protest calculation is 2.8. Staff recommends approval of the closure of the right-of-way subject to the right-of-way being replatted within six months.

Any questions for city staff? If not, Linda Davidson signed up to speak on this one. And you'd like to speak again or not? Any other person who'd like to speak on this item for or against? Would the applicant?

share with us the need for this or your motivation or i think on the plat oh barry beeman general manager highland i believe on the plat that was uh alley for fire or something like that. But truly, we've had it closed on to the right before. It didn't exist. And there is a spot on the far west side where it looks like it goes in, but it dead ends. And of course that's where the parking lot would be, that'd be concrete.

So the alley's been closed to the east of this portion or to the west portion west?

Um, I think he's referring to where they, they've expanded east of Clayton. Yeah. So that used to be East local street and an alley. And so in previous years, the city has closed or abandoned those alleys and streets. And this is just what's left. Yes.

Okay. Any, any, any questions? Thank you again, persons here would like to speak on this item for against If not, the staff recommendation is to approve the closure of the unimproved right-of-way. Is there a motion? Mr. Chairman, I make a motion to approve the closure of that right-of-way. Second. Motion has been made and seconded to approve the closure of that right-of-way. Any discussion? If not, all those in favor say aye. Aye. Any opposed? That moves us to PD 26-011, Tony Meeks, 3101 Bellwood Road.

Good afternoon, commissioners. Hunter Leach, planner. The applicant is requesting an amendment to the approved site plan in order to allow for church services. located northwest of the intersection of Britton Avenue and Bellwood Road. The adjacent property to the north and east is a railroad right-of-way varied width, generally 200 feet wide. The properties to the south are zoned R1A single-family residential district and C1 light commercial district and are developed with a single-family home and a child daycare. The property to the west is zoned R1A single-family residential district and is vacant. The Tyler Tamar Future Land Use identifies this property as mixed residential. An amendment to the future land use is not necessary as religious land uses are permissible in all zoning districts. In 2011, a site plan was approved for the property to allow for the use of an existing commercial building for a furniture repair workshop. The addition of the church services expands the allowable activities within the PCD zoning designation, but does not intensify the planned development. Religious uses typically operate during limited hours and generate predictable traffic volumes. The applicant will be required to comply with all parking and occupancy standards applicable to assembly uses prior to certificate of permit issuance. And there's a site plan. of the notices no notices were returned in favor or in opposition to the request and staff recommends approval of the site plan amendment thank you any questions for city staff a little quick we can go back to that site plan yes sir

If I may add, so when this was approved in 2011, it was limited to one use. I think it may have been inadvertent to limit the church and religious use, which is, like Hunter said, permissible anywhere. And so this really cleans up that issue. Are there any other questions?

I agree with that. We're good on the setbacks. Nothing you can do about that.

It is an existing site, and so the setbacks are established by this plan.

All right, thanks. Are there persons here who would like to speak on this side of Mr. Meeks?

It sounds like y'all just going to approve this anyway, right? Am I correct in hearing what I'm hearing? I mean, I'm kind of old.

Mr. Meeks, it's not over until it's over. It's not over until it's over.

Okay, so I'm here on behalf. I do own a property at 3101 Bellwood Road. We had this property years ago. I have an in-prison ministry group that I do too as well, and we actually – purchased that building some time ago and got kicked out of it due to the daycare across the street. And so since then, I let the building stay dormant for a long time and trying to figure out what I wanted to do with it and stuff. I decided to go ahead and fix it up. I did everything that PZ asked me to do, put in a new parking lot, made it all, painted it all up, took out everything that was not being used, that needed to be, put all new windows, everything in this facility to accommodate the beautification of the neighborhood. And I think a church facility in that neighborhood is much needed. We have several in that neighborhood that are existing. And I think that this church, the location, it stands alone. I think it's beautifying the neighborhood. And I think it would be a good deal for PZ to approve this zoning change so that the church, the No Excuse Ministries, can continue to operate there to help save some lives. Okay.

Thank you for your time and presence. Any questions for Mr. Meeks? Okay. Again, thank you for your time and presence. Are there others who would like to speak on this item? Yes, ma'am.

Good afternoon, or evening, afternoon. I'm Dion Johnson, 3101 Bellwood Road. I'm the pastor's wife. The pastor is John W. Johnson, Jr., he is currently at work at train i've been there thirty three years and uh... when we came up on the property mister meeks rented to us or leased it to us and so our intention we've always been a community type of outreach church so we hold services and we also have already talked to p elementary to uh... adopt the school by providing snacks for teachers, because they like to eat, and just different ways to provide more outreach to preach the gospel. So we have done all the inside, all the logistics. I believe the occupancy is 126, the parking lot spaces. were required to be 10, Mr. Meeks stated 13. We do have handicap accessibility. We actually have one of the bathrooms that have a handicap rail for those who need handicap. And all the fire, those things. I'm sorry, I'm a real girl, okay? So this has been a process for me because I don't know what I'm doing, but we met the code on everything. You're doing it. Thank you. I'll try. So we would really appreciate the approval and appreciate.

Tell us, I didn't see it. Tell us the name of your church.

It's called No Excuses Ministries. I'm sorry. No Excuses Ministries. Okay. And that just means a lot of people come up with excuses as to why they can't come to church. So we say it's No Excuses. And we do a lot of outreach. We have clothing for those who are in need and canned foods we keep on hand when people are hungry. So I'm actually originally from Los Angeles. I've always had a passion for those in need. And so we just try to do what we can. We're small. We're a very small congregation, but we try to be very active in the community.

Thank you for your time. Thank you. Any questions?

Kyle, you said this really is just a cleanup that it should have not ever, when original zoning, it should have never been as restrictive.

I don't think that was intended for it to be that restrictive. Because it was rezoned from R1A to PCD to allow that commercial building to be used. There was concerns about more commercial activity than that, so that's why it was restricted to that use. So I think that remains to be seen, but in my opinion, this is a very minor change.

So all we're doing is approving the revised state site plan? Is that correct?

We're adding another use, yes.

Okay. Any other person who'd like to speak on this item? far against if not the staff recommendation is to approve is there a motion mr chairman i'd like to make a motion to approve pd26-011 second question has been made the second day to approve this item any discussion if not all those in favor say aye aye any opposed i hope i hope people show up and don't make excuses Next item on our agenda is C26-004, Jesus Labrado Ruiz, East Barrett Street, adjoining 2100 Carlisle Avenue.

yes sir the applicant is requesting the closure in order to replant the right-of-way into their adjacent property the right-of-way segment is currently unimproved and unused however it contains an existing six inch water line that must be preserved As part of the replat, the water line will need to be placed within a dedicated utility easement to ensure continued access and maintenance. The replatted portion is proposed to be incorporated as a driveway for the applicant. Oh, sorry. Of the notices mailed, no notices were returned in favor and two were returned in opposition to the requested closure for a protest calculation of 21.35%. One of the opposing respondents indicated that they currently use the unimproved right-of-way as an access point to get closer to their home in order to assist with picking up a handicapped spouse. expressed concern that the closure would remove the access remove that access staff has attempted to clarify with the opposition that the only closure is that the only closure is the unimproved portion of Barrett and not any existing street access staff recommends approval of the closure of the right-of-way subject to the right-of-way being replanted within six months

Any questions for city staff? Hunter, which side of the property will the easement have to be maintained, looking at it?

It's dependent on where the water main is in the right-of-way. It might be in the, I'm not sure which side, north or south.

But the applicant is in agreement to the dedicated easement.

I mean, they will either have to dedicate it or reroute it. So they will dedicate it. Likely dedicate it. I think their only plan is to use it as access or driveway access, so that shouldn't affect any building.

On the re-plat, that's when it will be identified and dedicated.

Yes, sir. The water line goes from church to car line?

Yes.

Okay.

Go back. Any other questions for city staff or the persons here who'd like to speak on this item? Yes, sir.

Good afternoon. My name is Sue Reese, and I've been there for 35 years. And within the 35 years, there ain't been nobody there to clean up or nothing like that. So, you know, I got grandkids and all that, and I was trying to figure out, So the driveway is located right in between in the middle of my neighbors. I was trying to see if I can try to fence up some of it, because I got grandkids now. 35 years, that's been a long time. And that place was supposed to build a road through there since 1940, so it's been 80 years. And I done cleaned up within 30-some years, and I was just trying to figure out how could I do it. to you know permanently close not close it up but try to like you know fit some of the property up or is there any way i could have ownership or half of it or you know since the driveway is located in between my my house and my neighbor's house there's been there's been stuff there's been times where i get into my neighbors or people just come and try to park there thinking that it's a It's a road, and really, my yard is right there, so I got grandkids. You know, I can't have any strangers just pulling up in there thinking they run stuff. You know, it's hard. Especially how everything is right now that, you know, you never know. It just, like I said, I got grandkids, kids, and it's hard. It's And I've been getting into some people because they're like, well, this ain't your yard. But if you look at the real map and zoom in, there's nothing there. You know, there's nothing. There's a big fence, my neighbor, where he done fenced it up all the way. And mine is just open, you know, and it's hard. You know, people have parties and stuff like that, and they think they can just run in there. and they could run the whole, it's hard. I done kept up with the whole property for 30 something years. I cleaned up, cut down trees, and it's been a lot of maintenance done to it for 30 something years. I'm 43 years old. I've been here since I was five years old. So it's like.

I think we understand any questions for this Mr. Ruiz. If not, thank you for your time and presence. Are there others you'd like to speak on? Who was the person who was concerned about their grandfather or somebody getting access? Who's that?

Yeah, Hunter, I couldn't identify from the map.

Yeah, didn't look like anybody else could have been affected.

Are there others here who'd like to speak on this item for or against?

I think the opposition was the Morales family there.

They can't use that anyway.

But it's the Morales, which is the other side of the eastern end. It's not in red. Correct. So when did we receive that objection?

Oh, no. It's Isabel.

Isabel. The other one on the other side. Isabel Morales here. OK. Does Mr. Louise know that the pipe or the easement, if it's on the north side of this, that might impact what he wants to do? Because you said we're not sure what side it's on.

Right. Well, it sounds like the applicant wants to fence it. I put a fence along their half of the new record. So they'll be entitled to half of the right-of-way, and then I think they plan to put a fence down the middle of the barracks.

My plan is to build another driveway next to the driveway that's existing, because if it goes like that, they keep that driveway, so I don't have no way to get it in my house now. Because the way it was built back then, how they did the curve and all that, where they put the driveway to get into my house and right close to their fence line. So I'll be closer to the Morales. So I will have to build another driveway closer to my property now.

Can he pave or fence over a utility easement? Yes.

Yeah, if you're building a structure, that would be problematic.

That was my concern. Thank you. Thanks for your time, Mr. President. Any other person who would like to speak on this item? If not, the staff recommendation is to approve the closure of the unimproved right of way for East Barrett Street.

Is there a motion? Mr. Chairman, I'll make a motion to approve C26-004. Second.

Motion's been made and seconded to approve this item. Any discussion? If not, all those in favor say aye. Aye. Any opposed? Items approved. Good luck with your project. Next is Z26018. Fernando and Maria Martinez.

Yes, sir. The applicant is requesting a zone change from R2 two-family duplex district to C1 light commercial district located east of the southeast intersection of East 5th Street and South Fleschel Avenue. THE ADJACENT PROPERTY TO THE NORTH IS ZONED INT INSTITUTIONAL DISTRICT AND IS DEVELOPED WITH THE TYLER JUNIOR COLLEGE CAMPUS. THE ADJACENT PROPERTIES TO THE EAST AND WEST ARE SPLIT ZONED C1 LIGHT COMMERCIAL DISTRICT AND R22 FAMILY RESIDENTIAL DISTRICT AND ARE DEVELOPED WITH COMMERCIAL USES. THE ADJACENT PROPERTY TO THE SOUTH IS ZONED R22 FAMILY RESIDENTIAL DISTRICT AND IS DEVELOPED WITH RESIDENTIAL USES. The request is consistent with the Tyler Tomorrow Future Lane Use Map, which identifies this property as commercial. The applicant intends to obtain a permit for the expansion on the southern portion of an existing business due to the property being split zoned. Being split zoned down the middle between C1 like commercial district and R2 to family duplex district. The applicant must rezone the whole property to C1 to be in conformance before proceeding with the permit process. uh... of the notices mail no notices were returned or in favor of uh... were returned in favor or in opposition to the request and staff recommends approval of the same change yes uh... uh... uh...

Good afternoon.

My name is Ricardo Valerio and I represent the Shop and Center. And the only thing that we are requesting is to install a walk-in cooler attached to the building, but we couldn't install it because it goes halfway with the zoning requirement. It's already a commercial property. Is there's enough space in the back and what we use into 9 foot by 9 foot attached to the building itself the for us to be able to create a easier performance for operations.

And tell me a little bit more about what your business is with this.

I own Aztec. It's a Mexican restaurant. In the past year and a half, I have opened three locations. This is my third location. I actually come from Louisiana. I currently own 22 restaurants, bars, and sports bars. And towards this investment, our second generation, we saw a lot of potential in the market and we decided to flip it. But when we went to apply with the zoning department for installing our walk-in cooler, we were stopped because it goes between the mapping zoning. And I guess I'm just here to ask for the permit to be able to finish our operations and be able to open the business. Since it's too small inside and we put a lot of decoration and furniture, we got to a point that we didn't notice it from the beginning. Otherwise, I would have done it earlier.

Thanks for your time, President. Anybody here, any questions for this gentleman? You had the one on Broadway, too, right? Yes, sir.

The two on Broadway. Yes, sir. I think we expect to open more locations in different concepts.

Again, thank you for your time. Are there others here who would like to speak on this item? If not, the... Staff recommendation is to approve the zoning change. Is there a motion?

Chairman, I move we approve Z26-019. Second.

Motion's been made and seconded to approve this zoning change. Any discussion? 018. Oh, sorry. 018.

OK. 018.

We're going to do this one more time. Z26-018. Is that the motion?

uh... all those all those papers say items for next is c twenty six to zero or six uh... we have a applicant is uh... request his own change uh... from part two two family duplex district and see to general commercial district to are one piece single-family residential district LOCATED NORTH OF THE NORTHEAST INTERSECTION OF SOUTH HILL AVENUE AND WEST HOUSTON STREET. THE ADJACENT PROPERTIES TO THE NORTH AND EAST ARE ZONED R1B SINGLE FAMILY RESIDENTIAL DISTRICT AND R22 FAMILY DUPLEX DISTRICT AND ARE DEVELOPED WITH SINGLE FAMILY HOMES. THE ADJACENT PROPERTIES TO THE SOUTH AND EAST ARE ZONED C2 GENERAL COMMERCIAL DISTRICT AND ARE UNDEVELOPED EXCEPT FOR A MONOPOLE SELL TOWER SITE TO THE SOUTH. The request is consistent with the Tyler Tomorrow Future Land Use Map, which identifies the property as neighborhood. The applicant intends to add an additional driveway and garage to the existing home. The applicant needs a zone change to R1B to be in conformance with the code to build his additions and will combine the lots if approved. The neighborhood already consists of other single family homes that are zoned R1B. uh... of the of the notices uh... of the notices mail no notices were returned in favor of the request and one notice was returned opposition to the request uh... for protest calculation of three point seventeen percent uh... the opposition did not detail any concerns and uh... staff recommends approval of his own change uh...

Willis Johnson signed up to speak. Is Mr. Johnson here?

Willis Johnson, 14700 Copper Ridge Boulevard. I'm a professional surveyor, and I just performed some surveying services. Can you answer any questions or anything you have about the project or the zone change request?

Thank you for your presence here. Any questions for Mr. Johnson? Thank you, again. Any other person who'd like to speak on this item? Is applicant here? Our staff recommendation is to approve the zoning change from C2 to R1B. Is there a motion?

Chairman, I make a motion to approve Z26-019. Second.

Motion has been made and seconded to approve this as a change. All those in favor say aye. Aye. Any opposed? Item's approved. Next is PD26-013, Jenica Holdings.

Okay. The applicant is requesting approval of a site plan to build a credit union located at the northwest intersection of South Broadway Avenue and West Centennial Parkway. The adjacent properties to the north, south, and west are zoned PMXD1, planned mixed-use district, and are currently being developed with commercial uses. The adjacent properties to the east are zoned PCD, planned commercial district, and are developed with a mixture of commercial properties. The request is consistent with the Tyler Tomorrow feature land use map, which identifies the property as regional activity center. The applicant requires the approval of a site plan because the approved PMX D1 requires a final site plan prior to development. The development of the credit union will be in accordance with the unified development code and of the PMX D1 standards adopted in 2019. Of the notices mailed, no notices were returned in favor or in opposition to the request, and staff recommends approval of the site plan.

Any questions for Hunter? I see staff. If not, are there persons here who would like to speak on this item for or against? The staff recommendation is to approve the site plan. Is there a motion?

Chairman, I move we approve PD26-013. Second. Second.

Motion has been made and seconded to approve this site plan. Any discussion? If not, all those in favor say aye. Aye. Any opposed? We're in recess.