May 08, 2024 Planning and Zoning Commission

SO THE FIRST PERSON SIGNED UP.

UM, I THINK THAT'S JANET ARD.

IS THAT CLOSE ENOUGH? YES.

ARD.

HI.

THIS IS MY FIRST TIME UP HERE.

I'M ANNETTE ARD.

I AM A RESIDENT IN THE PARKLANDS, UH, DEVELOPMENT.

I JUST COMING, I'M COMING HERE TO, TO PRESENT MY CONCERNS.

I RECENTLY GOT A LETTER FROM SHIRTZ, UM, STATING THAT, UM, THERE'S GONNA BE A RESIDENTIAL, UH, REZONING OF THE AREAS WHERE WE LIVE FOR SINGLE FAMILY RESIDENTIAL DISTRICT R TWO KNOWN AS KAMAL COUNTY.

UM, THE BIGGEST THING FOR THIS LETTER THAT GOT MY ATTENTION WAS THE REZO THAT THEY WANTED TO REZONE APPROXIMATELY A HUNDRED THIRTY, THIRTY TWO 0.6 ACRES OF LAND TO GENERAL BUSINESSES.

UM, I'M A NEWLY HOME OWNER AND I'VE BEEN KIND OF DOING THE RESEARCH AND OF COURSE, I HAVE THE SUPPORT OF MY, UM, MY WONDERFUL NEIGHBORS.

I'M A MILITARY MEMBER.

I WORK A LOT.

I'M A NURSE.

AND, UM, I DEPEND ON THEM TO, TO LET ME KNOW AND TO SHOW ME THINGS THAT ARE OF CONCERN, ESPECIALLY BEING A NEW HOMEOWNER.

UM, SOME OF THE CONCERNS THAT I HAVE FOR THE GENERAL BUSINESS IS THAT, UH, REZONING, OUR RESIDENTIAL LAND AREA TO COMMERCIAL IS GOING TO LEAD TO INCREASED TRAFFIC AND CONGESTION.

I ALREADY DEAL WITH A LOT OF CONGESTION GOING TO AND FROM WORK AND BEING ON CALL, GOING TO AND FROM WORK.

SO THAT'S A BIG THING FOR ME.

NOISE POLLUTION, DECREASED PROPERTY VALUES FOR NEARBY HOMES, LOSS OF COMMUNITY CHARACTER, AND A STRAIN OF THE LOCAL INFRASTRUCTURE SUCH AS SCHOOLS AND UTILITIES.

IT CAN ALSO DISPLACE, UM, THE RESIDENTS AND, AND, AND IT CAN CHANGE THE SOCIAL DYNAMICS OF THE RESIDENTIAL AREA.

ADDITIONALLY, REZONING, UH, RESIDENTIAL LAND TO COMMERCIAL LAND CAN RESULT IN REDUCED GREEN SPACES AND RECREATIONAL AREAS.

UM, A LOSS OF AFFORDABLE HOUSING OPTIONS, POTENTIAL ENVIRONMENTAL DEGRADATION DUE TO INCREASED COMMERCIAL ACTIVITIES AND HIGHERS COSTS OF LIVING AS BUSINESSES MOVE IN AND PROPERTY TAXES MAY INCREASE.

UM, ADDITIONALLY, I RECEIVED THIS LETTER TWO DAYS PRIOR TO THE DUE DATE, SO THAT'S VERY CONCERNING BECAUSE I TRUST THE CITY OF SHIRTS AND FOR ME, IN THE BILLION IN THE MILITARY, I, I AM ALL ABOUT TRUST.

SO THIS KIND OF LIKE, I FELT LIKE I, THE CITY OF SHORTS FAILED US.

AND, UM, THAT'S PRETTY MUCH MY CONCERNS.

I JUST WANNA PUT THAT OUT THERE.

UM, HOPEFULLY YOU GUYS CAN SUPPORT OUR CONCERNS AND THAT'S IT FOR ME.

ALRIGHT, THANK YOU.

ALL RIGHT, JUST A QUICK CLARIFICATION.

UH, THE PROPOSED ZONING THAT YOU'LL SEE DURING THE STAFF PRESENTATION IS R TWO, WHICH IS SINGLE FAMILY RESIDENCE.

IT'S NOT COMMERCIAL.

IF YOU HAVE COMMENTS, YOU'LL GET A CHANCE TO VOICE THOSE COMMENTS LATER IN THE MEETING.

UH, MR. TIM BROWN, THANK YOU FOR YOUR TIME THIS EVENING.

MY NAME IS TIM BROWN.

I'M A RESIDENT OF THE PARKLAND SUBDIVISION THREE AT, UH, 5 2 3 1 VILLAGE PARK.

UH, A KIND OF A COUPLE OF POINTS HERE THAT I REALLY WANT TO EMPHASIZE THAT YOU'LL PROBABLY HEAR A LITTLE BIT MORE IN DETAIL FROM MY, UH, FELLOW HOMEOWNERS.

WE OBJECT TO THIS, UH, OF THE 0 0 9 1, UH, PROPOSAL.

UH, SPECIFICALLY THE GB FOR THE, A, A ADJACENT PROPERTY TO THE PARKLANDS DEVELOPMENT, UH, FOR THE REASONS THAT, UH, MS.

[00:05:01]

ARD JUST, UH, OUTLINED.

BUT, UH, WE HAVE, UH, AN INTERESTING PROBLEM HERE.

WE'VE GOT THREE DIFFERENT ZONING ACTIONS COMBINED WITHIN THE SAME REQUEST FOR REZONING, WHICH MAKES IT A LITTLE DIFFICULT FOR US TO IDENTIFY EXACTLY HOW TO APPROACH THIS TO EXERT THE, A MAXIMUM AMOUNT OF, OF, UH, OPINION SO THAT IT'S PROPERLY CONSIDERED.

THE SECOND IS THAT WE HAVE A PROBLEM WITH GB ASSOCIATED WITH THIS GENERAL AREA BECAUSE IT'S IMMEDIATELY ADJACENT TO THE CYPRESS POINT PARK, WHICH CREATES A, A NUMBER OF SAFETY RELATED ISSUES.

UM, IT'S LESS THAN 50 FEET ACTUALLY FROM ECKERT ROAD, AND ECKERT HAS BEEN IDENTIFIED AS THE MAIN ARTERIAL INTO THIS AREA.

AND THE, UM, LET'S SEE, MY SCREEN DISAPPEARED THERE.

AND THERE ARE, UM, UH, THE TWO RESIDENTIAL AREAS, CYPRESS POINT AND PARKLANDS BOTH ARE AFFECTED BY THIS, BUT THE LINES WERE DRAWN ON THE RE ON THE REZONING REQUEST THAT ELIMINATED THE ENTIRE COMMUNITY OF CYPRUS POINT, WHICH IS WITHIN A HUNDRED FEET OF THIS GB AREA.

UH, I CERTAINLY WOULD LIKE THAT LOOKED AT CLOSELY TO WHY THAT OCCURRED.

AND CERTAINLY, I'M HOPING YOU ALL REMEMBER THAT CI CITIZEN PARTICIPATION, OUR INPUT IS IMPORTANT FOR THE SUPPORT OF THE, UH, OF THE PROCESS OF, UH, COMMUNITY DEVELOPMENT AND, UH, REZONING.

SO, UM, WE REALLY DO WANT TO SUPPORT THIS, BUT UNFORTUNATELY, I WILL BE ONE OF MANY TO OPPOSE THAT PARTICULAR ITEM ON YOUR AGENDA.

YOUR MAP IS, UM, OF COURSE IT STATES IT'S A PRETTY NICE MAP AND IT STATES ALL THE REZONINGS, UH, THAT ARE BEING PROPOSED.

WELL, THANK YOU MR. BROWN.

AND, AND LET ME APOLOGIZE, UH, TO MR. ARD.

UM, I GUESS I DIDN'T READ ALL THE WAY TO THE END OF THE, I, MY APOLOGIES.

THERE IS GB AND YEAH, SO, OKAY.

BLANCA BROWN.

HI.

GOOD EVENING COUNCIL MEMBERS.

MY NAME IS BLANCA BROWN AND I RESIDE AT 5 2 31 VILLAGE PARK, AND WE ARE, I JUST STARTED TALKING, SO YOU HAVE TO YEAH, SHE, SHE'S TRYING TO FIGURE OUT HOW TO MAKE IT WORK.

YOU GO RIGHT AHEAD.

OKAY, FINE.

UH, SO YEAH, UM, WHAT I WANTED TO BRING TO YOUR ATTENTION TONIGHT IS NOT THAT WE HATE WHAT WE GOT LAST WEEK, THIS LETTER FROM THE CITY OF SHIRTS, IT'S A NOTICE THAT IS COMING UP WITH ACTUALLY GOOD PROPOSITIONS, BUT WE GOT THREE JUMPED IN ONE, AND ALTHOUGH PROBABLY A HUNDRED PERCENT OF THE RESIDENTS MAY BE, UM, FOUR, ONE, AND MAYBE ANOTHER PERCENTAGE MAY BE FOUR.

THE SECOND ONE, 100% OF US, AND I SAID US BECAUSE I'M SPEAKING, UM, FOR MY COMMUNITY, WE HAD HAD A COUPLE OF MEETINGS AFTER THE, UH, RESIDENTS RECEIVED THIS LETTER.

SO THEIR QUESTIONING HERE IS THE PROPOSITION TO GET THESE, UM, FARMLAND THAT WE HAVE COMING INTO THE ECHO ROAD.

AND I DON'T, I'M SURE THAT YOU, ANY OF YOU HAVE NEVER BEEN THERE, YOU NEED TO TAKE A DRIVE.

SO YOU UNDERSTAND WHEN TIM AND ANNETTE WERE TALKING ABOUT THIS PARK THAT IS LIKE A HUNDRED FEET OF THE LAND THAT IS IN QUESTION TO BECOME GENERAL BUSINESS IN THE REZONING PROPOSAL.

AND, AND THAT IS A VERY CRITICAL, UH, SITUATION FOR US BECAUSE THIS PARK IS A CITY PARK AND IT'S NOT EVEN FENCE.

SO, UM, UNDER THE STIPULATIONS OF JB, THERE'S A LOT OF BUILDINGS INCLUDES BART AND NIGHTCLUBS THAT ARE NOT SUITABLE FOR NEIGHBORHOODS LIKE OURS.

BUT THAT PROBABLY WILL BE, UH, WHAT SOMEBODY ELSE IS GONNA TALK ABOUT FOR ME RIGHT NOW.

WHAT I WANTED TO POINT OUT IS THAT WE RECEIVED THESE LETTERS NOT UNDER THE TIMING GUIDELINES OF THE CITY OF SHERIFFS.

YOUR GUIDELINES STIPULATE THAT, YOU KNOW, THE, THE NOTICES SHOULD BE RECEIVED BY THE RESIDENTS WITHIN, YOU KNOW, WITH 10 DAYS BEFORE THE MEETING WE WERE RECEIVING THESE LETTERS.

THE PERSON THAT RECEIVED THE LETTER, THE EARLIEST WAS SIX DAYS BEFORE THE DUE DATE LAST FRIDAY.

AND, BUT SOME OF US WERE RECEIVING THEM ON WEDNESDAY, EVEN THURSDAY, AND SOME NEIGHBORS NEVER RECEIVED THE, THE NET THE, UH, NOTICES.

THE SECOND THING THAT I WANTED TO ADDRESS IS THAT WE RECEIVED THE MAP.

AND

[00:10:01]

AND AT THE LEFT SIDE OF THIS MAP, YOU HAVE 84 ADDRESSES OF RESIDENTS THAT SUPPOSEDLY THE CITY OF SHIRTS SEND THESE NOTICES THAT WE NEVER RECEIVE ON TIME.

SO WE DON'T RECEIVE LETTERS ON TIME.

AND YOU HAVE 84 ADDRESSES, AND WE SUPPOSED TO, UH, I'M NOT SURE ABOUT THE PERCENTAGE THAT WE HAVE TO TURN IN, BUT FROM THE 84 ADDRESSES, WE FOUND OUT THAT 25 OF THOSE ADDRESS ADDRESSES ARE BOGUS.

THERE'S A LOT OF EMPTY LOTS, THERE'S A LOT, THERE'S LOTS THAT HAVE HOMES THAT HAVE BEEN JUST BUILT.

THERE'S NO RESIDENCE IN 25 OF, OF THE 84 ADDRESSES.

THERE'S NO RESIDENCE.

SO I THINK THAT, UH, WITH THIS, BUT I WOULD LIKE TO SEE IS THAT THE CITY OF CHURCH AND, UH, THE COUNCIL MEMBERS SUPPORT OUR PETITION TO REDO THIS, SEPARATE, THESE PETITIONS.

AND PLEASE MAKE SURE THAT WE RECEIVE THESE PETITIONS WITH PLENTY OF TIME.

SO WE ALL THE RESIDENTS GET TOGETHER AND TRY TO DO THE BEST THAT WE CAN.

WE LIKE REZONING, BUT WE WANNA DO IT APPROPRIATELY.

THANK YOU VERY MUCH.

ALL RIGHT, REAL QUICK.

TYPICALLY DURING THE, UH, PRESENTATION, UM, STAFF WILL ADDRESS WHO GOT NOTIFIED AND WHY, UNFORTUNATELY, WELL, I'LL LET THEM EXPLAIN THAT.

UH, AND THEN WE CAN, WE CAN ADDRESS DURING THAT.

MAYBE WE CAN ADDRESS THE, UH, THE DATE ISSUE WHEN THEY WERE MAILED AND THINGS LIKE THAT.

UM, RONALD, UM, THAT SHOT, I'M RONALD SHOT.

I LIVE AT 1300 INGLE ROAD.

UH, THE ORIGINAL PAPERS I SIGNED, UH, UNDER DURESS I WAS FORCED TO SIGN IN 2010 TO ANNEX, EITHER BE ANNEXED, IMMEDIATELY ARE SIGNED A 10 YEAR AGREEMENT.

UNDER THOSE, ON THOSE PAPERS IT SAYS THE ZONING WOULD BE RA, WHICH IS SINGLE FAMILY RESIDENCE.

AND OUR AGRICULTURE.

NOW ALL MY FOUR PROPERTIES ARE R TWO.

NO AGRICULTURAL AT ALL.

I DON'T KNOW WHAT Y'ALL ARE TRYING TO DO THERE.

AS FAR AS I'M CONCERNED, OUR ORIGINAL AGREEMENT IS NULL AND VOID.

'CAUSE YOU'VE DONE CHANGED THAT UNLESS THAT WAS A MISTAKE ON YS PARK.

THE OTHER PART, THE PARKLANDS THAT THEY'RE TALKING ABOUT, WHERE THEY LIVE, THE CITY OF CHURCH ENGINEERS, THE PARKLAND ENGINEERS HAVE RUINED 10 ACRES OF MY GROUND AND I'M IT, AND THERE'S ONLY ABOUT A THIRD OF THE HOMES THAT ARE GONNA BE BUILT IN THE PARKLANDS.

SO BY THE TIME THEY GET THROUGH, THERE'S PROBABLY GONNA BE 12 TO 15 ACRES OF MY PROPERTY.

THAT'S GONNA BE NOTHING BUT A SWAMP.

AND THEN THEY SAY THE ENGINEERS HAVE ALREADY COME OUT THERE.

SO WE'VE DONE EVERYTHING THAT WE'RE SUPPOSED TO DO.

WELL, APPARENTLY NOT, BECAUSE I ALREADY KNOW OF THREE OTHER DEVELOPMENTS THAT HAVE THE SAME DOWN PROBLEM THAT'S RUINING LAND.

THE PEOPLE'S OF LAND THAT'S ADJACENT TO 'EM, IT'S RUINING THEM.

I'VE EVEN GOT PICTURES OF IT.

THE THE WATER NEVER DRIES UP.

I'VE HAD THIS PROBLEM SINCE WAY INTO LAST YEAR WHEN WE HAD 110 DEGREE WEATHER AND NO RAIN AT ALL.

I HAD, I HAD FOUR ACRES SOLID SWAMP AND THAT COULDN'T, I COULDN'T EVEN GET TO ANOTHER FIVE ACRES BECAUSE OF THAT.

SO I'M LOSING MONEY ON ALL THAT.

PLUS I'M HAVING TO PAY CITY TAXES OR GOING TO HAVE TO PAY CITY TAXES, COUNTY TAXES, AND SCHOOL TAXES ON THAT PROPERTY THAT NOW THAT I CAN'T MAKE A DIME OFF OF.

SO I WOULD LIKE FOR Y'ALL TO THINK ABOUT REZONING IT BACK TO RA WHERE IT SHOULD BE.

THANK YOU SIR.

FOUR IS OUR CONSENT AGENDA.

UH, MARK REYES, YOU'LL, YOU'LL SPEAK DURING THE PUBLIC HEARING, SIR? NO, I'M SORRY.

I CAN'T QUITE HEAR YOU.

[00:15:03]

I LIVE AT 83 20 TRAINOR HALE ROAD, WHERE I HAVE RESIDED SINCE BEFORE SHIRTZ WAS INCORPORATED.

I'M HERE TONIGHT TO TALK ABOUT THE, UH, REZONING OF OUR AREA FROM RA TO RESIDENTIAL.

BUT I'M ALSO HERE TO ADDRESS THE UNDERLYING OR THE OVERRIDING REASON FOR THAT, WHICH IS THE, UH, FORCED ANNEXATION OF THE AREA WHICH SHIRTS ERRONEOUSLY CALLS VOLUNTARY.

I LOOKED UP VOLUNTARY IN THE DICTIONARY AND IT SAYS, WITHOUT COMPULSION OR COERCION.

AND BACK IN 12 OR 13 YEARS AGO, I FIND I SIGNED A DEVELOPMENT AGREEMENT, WHICH IS A CONTRACT WITH THE CITY OF SHIRTS TO AVOID BEING ANNEXED.

AT THAT TIME, I SIGNED AN EXTENSION OF THAT TO AVOID BEING ANNEXED AT THAT TIME.

NOW I'M BEING TOLD THAT I'M VOLUNTARILY BEING ANNEXED.

THAT IS NOT TRUE.

SO WITH THAT SAID, I WILL ADDRESS MY COMMENTS TO THE ACTUAL REZONING.

CURRENTLY, WE ARE SUPPOSED TO BE ENTERING THE CITY IF WE ARE ANNEXED AS RA RESIDENTIAL AGRICULTURAL, THE AREA IN WHICH I RESIDE IS COMPLETELY AGRICULTURAL.

THERE ARE HOUSES ON THE FARMS WHERE PEOPLE LIVE.

HOWEVER, IT IS ALL AGRICULTURAL TO REZONE.

THAT AS RESIDENTIAL IS JUST AN INVITATION FOR THE DEVELOPERS TO PESTER ME MORE.

I GET A LETTER OR A PHONE CALL EVERY WEEK, WOULD YOU LIKE TO SELL YOUR LAND? AND THE ANSWER IS NO.

I DO NOT WANT TO SELL MY LAND AND I DON'T WANNA BE PESTERED BY ALL THESE PEOPLE.

SO WHAT ON EARTH IS THE REASON FOR A REZONING THIS LAND WHEN ANYBODY WHO WANTS TO BUY IT AND TURN IT INTO A SUBDIVISION, IF THEY OFFERED ME ENOUGH MONEY, WHICH IS HIGHLY UNLIKELY, THEY WOULD GET IT REZONED FOR WHATEVER THEY WANTED IT TO BE, AND IT'D BE WELL WITHIN THEIR BUDGET.

ALL THIS DOES IS THEN PUT US INTO A SITUATION WHERE WE'RE IN NON-COMPLIANCE.

AND OF COURSE, THE RECENT LEGISLATION KIND OF KICKS THAT IN THE, IN THE SHIN, BUT, UM, IT'S RIDICULOUS WHY REZO US AT ALL.

AND I'M TOTALLY OPPOSED TO BEING ANNEXED.

I APPRECIATE YOUR COMMENTS.

ALRIGHT, MOVING ON.

ITEM NUMBER

[4. CONSENT AGENDA]

WE HAVE A SINGLE ITEM ON THAT AGENDA TONIGHT AND EXCUSE ME.

AND THOSE, THAT IS THE MINUTES FROM APRIL 3RD, 2024, REGULAR MEETING.

UH, THERE'S NO DISCUSSION ON THE CONSENT AGENDA.

SO, UH, COMMISSIONERS, DO WE NEED TO PULL THIS ITEM FOR ANY DISCUSSION? IF NOT, CAN I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? MAKE A MOTION TO APPROVE THE CONSENT AGENDA.

SECOND.

WHERE'D THE SECOND COME FROM? THE NEW GUY.

SO I HAVE A, UH, MOTION TO APPROVE THE CONSENT AGENDA WITH A SECOND.

THERE'S NO DISCUSSION, SO PLEASE RECORD YOUR VOTES.

I ONLY SEE SIX.

SO WHO HASN'T VOTED? MR. WALLACE? THERE WE GO.

NOW I HAVE SEVEN.

WOULD YOU PUBLISH THAT VOTE PLEASE.

WE HAVE SEVEN AYES.

NONE OPPOSED THAT MOTION PASSES.

FIVE IS OUR PUBLIC HEARINGS.

ITEM NUMBER

[5. PUBLIC HEARING]

FINDING ZONING COMMISSION WILL HOLD A PUBLIC HEARING RELATED TO ZONE CHANGE REQUESTS, SPECIFIC GOOSE PERMIT REQUESTS AND UNIFIED DEVELOPMENT CODE AMENDMENTS.

WITHIN THIS AGENDA, PUBLIC HEARING WILL BE OPEN TO RECEIVE A REPORT FROM STAFF, THE APPLICANT, THE ADJOINING PROPERTY OWNERS AFFECTED BY THE APPLICANT'S REQUEST, AND ANY OTHER INTERESTED PERSONS UPON COMPLETION.

THE PUBLIC HEARING WILL BE CLOSED.

THE COMMISSION WILL DISCUSS AND CONSIDER THE APPLICATION AND MAY REQUEST ADDITIONAL INFORMATION FROM STAFF OR THE APPLICANT IF REQUIRED.

UH, AFTER DELIBERATION, THE COMMISSION IS ASKED TO CONSIDER AND ACT UPON THE FOLLOWING REQUEST AND MAKE A RECOMMENDATION TO THE CITY COUNCIL.

SO ONCE AGAIN, IF I CAN STRESS THAT.

TYPES OF ANIMALS, THEY'LL BUILD ADDITIONAL STRUCTURES TO HOUSE EQUIPMENT AND THINGS LIKE THAT.

[00:20:01]

AND, UH, LET'S SEE.

1, 2, 3, 4.

YES, THESE ARE ALL, UM, WHERE WE WILL RECOMMEND A SPECIFIC ACTION TO CITY COUNCIL.

CITY COUNCIL HAS THE FINAL APPROVAL, AUTHORITY, NOT PLANNING AND ZONING.

UM, I THINK I'M GONNA EXERCISE A LITTLE EXECUTIVE PRIVILEGE HERE AND WE'RE GONNA SKIP TO FIVE B AND WE'LL SAVE, WE'LL SAVE FIVE A FOR A LITTLE BIT LATER.

SO FIVE B-P-L-Z-C 2 24 0 9 1, HOLD THE PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY 498.2 ACRES OF LAND TO SINGLE FAMILY RESIDENTIAL R TWO, KNOWN AS KAMAU COUNTY PROPERTY IDENTIFICATION NUMBERS.

DAN, DO I HAVE TO READ ALL THESE PROPERTY ID NUMBERS? OKAY, COMMISSIONER CHAIR PERSONNEL MAD FOR A MOMENT.

SO IF I MAY CERTAINLY DEFER TO YOUR DISCRETION.

THE REASON STAFF LISTED THE PRIOR ITEM THE UDC AMENDMENT ON BEFORE THESE, UM, IS BECAUSE WHEN THE PETITION FOR ANNEXATION WENT TO CITY COUNCIL, WE HEARD A LOT FROM SOME OF THE PROPERTY OWNERS ABOUT, UH, CONCERNS OVER, UH, THERE BEING ABLE TO CONTINUE IN PARTICULAR THEIR AGRICULTURAL LAND USES GOING FORWARD.

UH, STAFF WAS EMPATHETIC TO THAT.

I THINK COUNCIL WAS EMPATHETIC BY THE COMMENTS ON THAT.

AND SO THAT ITEM ON THE AMENDMENT TO THE NON-CONFORMING, UH, IS, IS IN SOME WAYS RELATED TO THESE ZONING CASES BECAUSE IT, IT SETS FORTH A CHANGE IN THE UDC THAT WILL ALLOW SOME OF THESE USES THE AG USES TO CONTINUE GOING FORWARD.

I DON'T KNOW THAT THAT'S GONNA CHANGE ANYBODY'S MIND AS TO WHETHER THEY WANT TO BE ANNEXED OR NOT, BUT TO SOME DEGREE I THINK IT'S HELPFUL FOR THEM TO UNDERSTAND THE RULES STAFF IS PUTTING FORTH AND WHAT THE COMMISSION'S RECOMMENDATION ON THAT MIGHT BE PRIOR TO THE ZONING GOING FORWARD AS IT, IT, IT AFFECTS THAT.

ALRIGHT, MR. JAMES, I'LL, I'LL DEFER TO YOUR JUDGMENT.

WE'LL, WE'LL GO BACK TO TO FIVE A.

GIVE ME A CHANCE TO PRACTICE READING PROPERTY ID NUMBERS.

UH, ITEM FIVE A IS P-L-U-D-C 2 24 0 1 0 1, HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON AMENDMENTS TO PART THREE OF THE CHURCH'S CODE OF ORDINANCE, UNIFIED DEVELOPMENT CODE.

ARTICLE SEVEN NON-CONFORMING USES LOTS AND STRUCTURES TO ADD SECTION 21.7 POINT 11 AGRICULTURAL OPERATIONS.

THANK YOU COMMISSIONER.

UH, BRIAN JAMES, DEPUTY CITY MANAGER FOR THE CITY OF SHIRTS.

I'M GONNA TURN THIS OVER TO EMILY IN JUST A MOMENT, UH, TO WALK YOU THROUGH THE PARTICULARS OF IT.

BUT AGAIN, TO TO ADD MAYBE TO THE BRIEF MENTION GOING FORWARD AND SET THE STAGE A BIT.

SO AS YOU MAY KNOW, THE, THE, AND AS FOLKS HAVE REFERENCED, UH, THE CITY IS, UM, GOING THROUGH ANNEXATION PROCEEDINGS AND ASSOCIATED WITH THAT, WHAT YOU HAVE ON THE AGENDA TONIGHT ARE RECOMMENDATIONS FOR PNZ TO ZONE THOSE PROPERTIES THAT ARE TO BE ANNEXED.

CITY COUNCIL CONSIDERS THE ANNEXATION SO THAT THE DECISION WHETHER TO ANNEX OR NOT ANNEX, THOSE ARE HELD AND DISCUSSED AT THE PUBLIC HEARINGS BEFORE CITY COUNCIL.

BUT WHAT WE NEED TO DO IS WHEN WE ANNEX, WE NEED TO ZONE THE PROPERTY.

A ZONING HAS TO GET A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION.

SO I UNDERSTAND IT'S CONFUSING SEEMS A BIT OUT OF ORDER.

BUT FOR THE TIMING TO HIT SO THAT WHEN COUNSEL CONSIDERS THE ANNEXATION IF THEY CHOOSE TO ANNEX, THE NEXT ITEM ON THE AGENDA IS THE ZONING.

THAT ZONING NEEDS A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO GO FORWARD.

SO AGAIN, TO BE CLEAR, THE DISCUSSION TONIGHT IS NOT WHETHER TO ANNEX THE PROPERTIES OR NOT.

IT IS SIMPLY A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION THAT SHOULD THE PROPERTIES BE ANNEXED, THIS IS WHAT YOUR RECOMMENDATION TO COUNCIL IS, THAT THOSE PROPERTIES SHOULD BE ZONED, IF THAT MAKES SENSE TO FOLKS.

AND AS I INDICATED, ONE OF THE THINGS THAT BECAUSE THESE ARE ANNEXATIONS AND THE ZONING TIED TO IT THAT WE HEARD IT, COUNCIL IS CONCERNS THAT AS YOU'LL HEAR TONIGHT, LIKELY AND HAVE HEARD THAT FOLKS WANT TO CONTINUE THOSE AGRICULTURAL USES.

WHEN WE LOOK TO OUR NON-CONFORMING USE LOTS AND STRUCTURE SECTION OF THE UDC AS IT'S CURRENTLY PROVIDED, IT DOESN'T NECESSARILY PROVIDE THE GUARANTEES TO SOME OF THOSE FOLKS THAT THEY CAN CONTINUE AGRICULTURAL OPERATIONS GOING FORWARD IN A WAY THEY WOULD LIKE TO, IT WOULD BE A NON-CONFORMING USE AND IT COULD CONTINUE.

BUT PART OF WHAT HAPPENS, I THINK IN PARTICULAR WITH AGRICULTURAL USES THAT WE HEARD FROM FOLKS IS THAT THINGS CHANGE AND SHIFT.

PEOPLE GROW CROPS ON DIFFERENT AREAS, THEY RAISE DIFFERENT

[00:25:01]

THEY MAY NEED TO BUILD A STRUCTURE FOR SOMEONE WHO'S WORKING ON THE PROPERTY.

AGAIN, THEY MAY HAVE A CHILD OR A RELATIVE WHO WANTS TO COME LIVE ON THE PROPERTY AND HELP MANAGE AND, AND, AND, AND WORK THE PROPERTY.

AND, AND SO AGAIN, OUR CURRENT ORDINANCE DIDN'T COVER THAT.

AND SO BASED ON WHAT WE HEARD AT CITY COUNCIL STAFF PROPOSED TO AMEND THE UDC FOR THAT REASON.

BUT AGAIN, JUST TO SET THE STAGE, WHAT THE COMMISSION IS HERE ON THIS ITEM TONIGHT IS AMENDMENT TO THE NON-CONFORMING USE SECTION.

THE ITEMS YOU'LL HAVE COMING FORWARD ARE SIMPLY THE ZONING.

IT'S NOT A DISCUSSION OF WHETHER TO ANNEX OR NOT THAT COMES FROM BEFORE COUNCIL.

SO I'LL TURN OVER TO EMILY.

OKAY, GOOD EVENING.

PL LUDC 20 24 0 1.

ZERO ONE UDC AMENDMENT TO ARTICLE VI SEVEN, EMILY DELGADO PLANNING MANAGER.

SO AS SOME BACKGROUND AS BRIAN MENTIONED.

SO AT THE APRIL 16TH, 2024 CITY COUNCIL MEETING, RESOLUTION 24, R 41 AND R 42, YOU CAN'T SEE IT.

SEE IF BRITTANY CAN CAN, OKAY, UH, WE'RE DISCUSSED BY COUNCIL AND, AND THOSE RESOLUTIONS WERE PASSED, WHICH STARTS THE ANNEXATION PROCESS FOR PROPERTIES IN COAL MOUNT GUADALUPE AND BEAR COUNTY BASED ON EXPIRING DELAYED ANNEXATION DEVELOPMENT AGREEMENTS.

DURING THE DISCUSSION OF THOSE RESOLUTIONS, COUNCIL DID EXPRESS CONCERNS ABOUT NON-CONFORMING USES AND PROTECTING AGRICULTURAL USES FOR PROPERTIES PROPOSED TO BE ANNEXED.

SO THE PROPOSED UDC AMENDMENT TO ARTICLE VII IS INTENDED TO RESOLVE THESE CONCERNS BY DEFINING AGRICULTURAL OPERATIONS AND ENSURING THAT THEY CAN CONTINUE TO OPERATE IF THE PROPERTIES ARE ANNEXED INTO THE CITY.

DUE TO HOUSE BILL 1750, THE AGRICULTURAL CODE WAS AMENDED TO REMOVE PROVISIONS RELATING TO THE EFFECT OF A CITY'S GOVERNMENTAL REQUIREMENTS ON A AGRICULTURAL OPERATION THAT WAS SITUATED OUTSIDE THE CITY'S CORPORATE BOUNDARIES.

AND THAT WAS LATER BROUGHT WITHIN THE CITY'S CORPORATE BOUNDARIES.

ADDITIONALLY, HOUSE BILL 1750 DEFINED AGRICULTURAL OPERATIONS AND PROVIDED GUIDANCE AND CLARITY TO CITIES ON GENERAL, GENERALLY ACCEPTED AGRICULTURAL PRACTICES.

THAT DEFINITION, UH, WITHIN HOUSEHOLD 1750 WAS UTILIZED TO CREATE THIS PROPOSED UDC AMENDMENT AND IT WOULD BRING THE CITY OF SHIRTS IN LINE WITH RECENT CHANGES AND DEFINITIONS ESTABLISHED IN THE TEXAS AGRICULTURAL CODE.

SO GOING INTO THE ACTUAL PROPOSED UDC LANGUAGE.

SO WE WOULD CREATE A WHOLE NEW SECTION, SECTION 21 7 11 IN ARTICLE SEVEN, WHICH IS OUR NON-CONFORMING, UM, ARTICLE EXPLICITLY CALLED AGRICULTURAL OPERATIONS.

AND THE TEXT WOULD READ WITHIN THE CITY OF SHIRTS THERE EXIST PROPERTIES THAT HAVE BEEN UTILIZED FOR AGRICULTURAL OPERATIONS PRIOR TO BEING ANNEXED INTO THE CITY OF SHIRTS.

AGRICULTURAL OPERATIONS PER HOUSEHOLD NUMBER 1750 INCLUDE CULTIVATING THE SOIL PRODUCING CROPS OR GROWING VEGETATION FOR HUMAN FOOD, ANIMAL FEED, LIVESTOCK, FORAGE, FORAGE FOR WILDLIFE MANAGEMENT, PLANTING SEED OR FIBER, FLO CULTURE, VITICULTURE, HORTICULTURE, UH, SYLVI CULTURE, WILDLIFE MANAGE RAISING OR KEEPING LIVESTOCK OR POULTRY INCLUDING VETERINARY SERVICES AND PLANTING COVER CROPS OR LEAVING LAND IDLE FOR THE PURPOSE OF PARTICIPATING IN ANY GOVERNMENTAL PROGRAM OR NORMAL CROP OF LIVESTOCK ROTATION PROCEDURE PER TEXAS AGRICULTURAL CODE CHAPTER 2 51, SECTION 2 51 0.005, A CITY MAY NOT IMPOSE A GOVERNMENTAL REQUIREMENT THAT DIRECTLY OR INDIRECTLY PROHIBITS THE USE OF A GENERALLY ACCEPTED AGRICULTURAL PRACTICE.

SO THEN WE GO INTO SECTION B IN ORDER TO ENSURE THAT PROPERTIES WITHIN THE CITY OF SHIRTS THAT HAVE BEEN UTILIZED FOR AGRICULTURAL OPERATIONS CAN CONTINUE.

THE FOLLOWING ARE APPLICABLE LAND USE PROPERTIES CAN BE UTILIZED FOR AGRICULTURAL OPERATIONS, INCLUDING ALTERNATING BETWEEN GROWING CROPS AND LIT RAISING LIVESTOCK.

REGARDLESS OF THE ZONING DESIGNATION FOR THE PROPERTY EXPANSION OF AGRICULTURAL OPERATIONS, EXISTING AGRICULTURAL OPERATIONS CAN EXPAND TO INCLUDE INCREASE OF FIELD CROP OR AREA OR INCREASE OF LIVESTOCK OR CHANGE IN LIVESTOCK SPECIES CONSTRUCTION OF MAINTENANCE BUILDINGS OR EQUIPMENT SHEDS, BARNS, ACCESSORY BUILDINGS, ANIMAL CAGES OR CORRALS FEEDERS OR GRAIN STORAGE OR ANY OTHER MISCELLANEOUS AGRICULTURAL RELATED STRUCTURE.

ISSUANCE OF BUILDING PERMITS WILL BE REQUIRED FOR ANY AGRICULTURAL OPERATIONS BUILDING OR STRUCTURES AS DESCRIBED IN THIS SECTION.

PLATTING OF THE PROPERTY AND CONNECTION TO SANITARY SEWER WILL NOT BE REQUIRED FOR CONSTRUCTION OF THE BUILDINGS OR STRUCTURES IDENTIFIED IN THIS SUBSECTION CONSTRUCTION OF ADDITIONAL RESIDENTIAL DWELLING UNITS, WHICH SHALL ONLY BE UTILIZED FOR FAMILY MEMBERS OR EMPLOYEES OF THE AGRICULTURAL OPERATIONS ON THE SAME PROPERTY WITH A MINIMUM OF FIVE ACRES PER UNIT ISSUANCE OF BUILDING PERMITS WILL BE REQUIRED FOR ANY ADDITIONAL RESIDENTIAL DWELLING UNITS AS DESCRIBED IN THIS SECTION.

PLOTTING OF THE PROPERTY IN CONNECTION TO SANITARY SEWER WILL NOT BE REQUIRED FOR CONSTRUCTION OF THE BUILDINGS OR STRUCTURES IDENTIFIED IN THIS SUBSECTION.

AND THEN C DEVELOPMENT PROCESS AGRICULTURAL OPERATIONS ARE SUBJECT TO ALL CITY OF SHARKS DEVELOPMENT REGULATIONS AND PROCESS TO INCLUDE BUT NOT LIMITED TO PLANNING SITE PLAN AND BUILDING PERMITS AND INSPECTIONS WITH THE EXEMPTION WITH THE EXCEPTIONS PROVIDED WITHIN THIS SECTION.

SO THAT IS THE PROPOSED UDC LANGUAGE.

WHEN WE'RE EVALUATING UM, UDC AMENDMENTS, WE HAVE CRITERIA FOR APPROVAL WITHIN THE UNIFIED DEVELOPMENT CODE.

NUMBER ONE, THE PROPOSED AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND THE SAFE, ORDERLY, EFFICIENT, AND HEALTHFUL DEVELOPMENT OF THE CITY.

BY DEFINING AGRICULTURAL

[00:30:01]

OPERATIONS IN ARTICLE SEVEN, THE CITY IS ABLE TO ESTABLISH A CLEAR PROCEDURE MOVING FORWARD ON HOW AGRICULTURAL OPERATIONS CAN CONTINUE OPERATIONS AS A NON-CONFORMING USE.

ADDITIONALLY, STAFF USE THE DEFINITION OF AGRICULTURAL OPERATIONS FROM HOUSE BILL NUMBER 1750 THAT STRENGTHENED AGRICULTURAL OPERATIONS.

NUMBER TWO, AN AMENDMENT TO THE TEXT IS CONSISTENT WITH OTHER POLICIES OF THE UDC AND THE CITY.

THE AMENDMENTS TO ARTICLE SEVEN ARE MEANT TO PROTECT AND PRESERVE EXISTING AGRICULTURAL OPERATIONS THAT HAVE BECOME NON-CONFORMING TO ENSURE THAT THE CITY DOES NOT IMPOSE GOVERNMENTAL REQUIREMENTS THAT PROHIBIT AGRICULTURAL PRACTICE PER STATE LAW.

NUMBER THREE, ANY PROPOSED AMENDMENT IS CONSISTENT WITH THE GOALS AND OBJECTIVES OF THE UDC AND THE CITY.

THE UDC AND ITS AMENDMENTS SHOULD PROTECT, PROMOTE, IMPROVE AND PROVIDE FOR THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF ITS CITIZENS, WHILE ALSO ENSURING THE SAFE, ORDERLY AND EFFICIENT DEVELOPMENT AND EXPANSION OF THE CITY.

THE PROPOSED AMENDMENTS TO ARTICLE SEVEN ALLOW AGRICULTURAL OPERATIONS TO CONTINUE ON NON-CONFORMING PROPERTIES WITHIN THE CITY SHIRTS.

AND THEN FINALLY, NUMBER FOUR, OTHER CRITERIA, WHICH AT THE DISCRETION OF THE PNZ AND THE CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT IN THE CONSIDERATION OF THE AMENDMENT.

STAFF HAS ENSURED THAT THE UDC REQUIREMENTS HAVE BEEN, UH, MET FOR THE PROPOSED UDC AMENDMENT AND AT THIS TIME HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FROM PNZ OR CITY COUNCIL.

AND WITH THAT STAFF IS RECOMMENDING APPROVAL OF APPEAL UDC 20 24 0 1 0 1 TO AMEND PART THREE OF THE SHIRT'S, CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE ARTICLE SEVEN, SPECIFICALLY TO ADD SECTION 21 7 11 AGRICULTURAL OPERATIONS.

ALRIGHT, THANK YOU.

ALRIGHT, THIS ITEM IS A PUBLIC HEARING.

IT IS, UH, 6:31 PM AT THIS TIME.

ANYONE WISHING TO ADDRESS THE ON THIS PARTICULAR NO.

GIMME A SECOND HERE.

OKAY, ON THIS PARTICULAR TOPIC, YOU'RE MORE THAN WELCOME TO STEP FORWARD TO THE DAIS, GIVE YOUR NAME AND ADDRESS FOR THE RECORD, TRY TO LIMIT YOUR COMMENTS TO THREE MINUTES.

OKAY? AND YES, JUST THERE'S NO PARTICULAR ORDER YOU DON'T NEED.

RAISE YOUR HAND.

JUST COME ON UP MR. SHOT.

WELL, IF IT'S R TWO, I NEED YOUR NAME AND ADDRESS REAL QUICK, SIR.

I SHOT 1300 INGLE ROAD.

IF IT'S R TWO RESIDENT, WHICH THAT'S WHAT THEY'RE DOING.

I, I'M, SO I STAY IN AG.

PROBLEM IS RA I'M ABLE TO GIVE MY DAUGHTER A LITTLE BIT OF LAND WITHOUT HAVING TO PLOT THE WHOLE 80 ACRES.

R TWO, I'M GONNA HAVE TO PLOT EVERYTHING THAT'S GONNA COST ME 20, $30,000.

SO WHAT GOOD IS THIS R TWO THING? I DON'T THINK ANY OF THESE PEOPLE REALIZE THAT ANYBODY, ANYBODY THAT'S GOT KIDS THAT'S GOT ENOUGH ACREAGE THAT THEY CAN PUT A HOUSE ON FOR AND THEY'RE STILL GONNA GET, THEY'RE STILL GONNA BE AG IT'S, IT'S JUST GONNA BE ONE RESIDENTIAL HOUSE THAT'S ADDED TO IT.

THAT'S ALL RIGHT.

RA.

BUT R TWO, THAT'S NOT ALL RIGHT.

AM I RIGHT? NO, SIR.

I DON'T THINK YOU UNDERSTOOD.

I'LL GET, I'LL GET STAFF TO READDRESS THAT AFTER, AFTER THE PUBLIC COMMENTS.

UH, MY NAME'S TODD HOFFMAN.

I LIVE AT 57 51 FM 4 82, WHICH IS ACTUALLY THE BRAUNFELS NOT PART OF THE ANNEXATION, BUT MY PROPERTY RIGHT ACROSS THE STREET IS, AND ITS PROPERTIES, UH, 7 8 9 5 7 AND 7 8 9 6 0.

THEY CANNOT BE RESIDENTIAL NOR COMMERCIAL NOR ANYTHING ELSE.

THEY ARE ALMOST A HUNDRED PERCENT IN THE FLOODPLAIN AREA.

AND SO I AM OF COURSE AGAINST THE ANNEXATION AND THEN TRYING, AND WHAT I'D LIKE Y'ALL TO RECOMMEND IS THAT IT, IT'S NOT ZONED R TWO 'CAUSE IT CANNOT BE USED FOR R TWO OR ANYTHING ELSE.

AND THAT WILL JUST GIVE ME MORE TO TALK TO THEM ABOUT AS FAR AS LEAVING ME OUT OF THE ANNEXATION.

'CAUSE IT, I'VE GOT A COPY OF THE FLOOD NAP IF Y'ALL WOULD LIKE TO SEE IT.

UH, IT IS, IT CANNOT BE USED FOR THOSE PURPOSES.

AND THAT'S BASICALLY IT.

I MEAN, EVEN THOUGH I AGREE WITH EVERYBODY ELSE, THE WHOLE AREA IS MORE AGRICULTURE THAN RESIDENTIAL AND RA WOULD BE MUCH EASIER TO DEAL WITH GOING DOWN THE ROAD.

THANK YOU SIR.

HI, MY NAME IS BREEZY WEBB.

I LIVE AT 360 BIG JOHN LANE, NEW BRAUNFELS, TEXAS 7 8 1 3 2.

UM, WE'RE GUADALUPE COUNTY RIGHT ON THE EDGE OF COMAL COUNTY.

MY CHILDREN ATTEND, UH, COMAL ISD ALTHOUGH WE NO LONGER OWN, UM, ACREAGE LIKE OUR FAMILY USED TO.

THE ACREAGE HAS BEEN PASSED DOWN FROM GENERATION TO GENERATION GOING THROUGH THREE GENERATIONS.

[00:35:01]

I ACTUALLY LIVE ABOUT 50 ACRES BEHIND MR. SCHWAB.

SO I CAN ATTEST TO EVERY SINGLE THING HE HAS SAID.

UM, I DO AGREE WITH HIM.

IF WE GET MOVED TO R TWO, WE CANNOT PUT ANOTHER HOUSE ON OUR PROPERTY, ALTHOUGH I JUST, I ONLY HAVE 13 ACRES.

I HAVE AN EMAIL TO EMILY DATING BACK TO ONE MONTH AGO MY MOTHER, WHO WAS DISABLED, UM, AND CAN NO LONGER WORK AND I'M HER CARETAKER WAS GOING TO MOVE OUT TO MY PROPERTY.

UM, THERE'S TWO OWNERS ON MY PROPERTY RIGHT NOW, ME AND MY STEPMOTHER.

MY MOTHER WAS GOING TO MOVE OUT THERE AND I COULD NOT GET APPROVAL FROM THE CITY OF SHIRTZ.

MY MOM HAS HEART DISEASE C-O-P-D-A WEEK LATER SHE WAS ACTUALLY JUST HOSPITALIZED FOR PNEUMONIA.

UM, SO I'M HAVING TO TRAVEL ALL THE WAY TO NEW BRAUNFELS TO TAKE CARE OF HER WHEN SHE COULD HAVE EASILY JUST LIVED ON OUR LAND.

NOW, IF WE STAY OUR, UM, RESIDENTIAL, RESIDENTIAL AGRICULTURAL, WE WON'T NEED A MINIMUM OF FIVE ACRES THAT ARE YARD PROPOSING TO HAVE MULTIPLE HOUSES ON THE LAND.

I HAVE FIVE CHILDREN, ALTHOUGH IT'S JUST A 13 ACRE PLOT.

I DO PLAN ON SPLITTING UP THAT ACREAGE BETWEEN MY CHILDREN WHEN THEY GROW UP AND THEY CAN DO AS THEY PLEASE AND I WILL PASS IT DOWN TO THEM JUST AS IT'S BEEN PASSED DOWN TO MY FAMILY.

UM, WE HAVE HOUSES BEING BUILT IN OUR FIELD RIGHT NOW.

CRIME HAS GONE UP.

UM, POLICE, CITY OF SHIRTS, POLICE CANNOT GET TO THOSE CALLS AND WHEN THEY DO GET TO THEM, THEY DON'T WANNA GIVE A POLICE REPORT NUMBER BECAUSE THEY DON'T WANT IT TO GO AGAINST THEIR STATISTICS.

BUT I HAVE RECORDINGS, I HAVE PICTURES OF HOW MANY TIMES POLICE OFFICERS HAVE BEEN CALLED OUT THERE EVERY SINGLE TIME.

'CAUSE IT'S BETWEEN ME AND MY HUSBAND.

'CAUSE WE'RE THE ONLY ONES THAT SEE OUT THERE.

WE HAVE ARMED PEOPLE BREAKING IN.

UM, IT, IT'S, I I DO NOT WANNA BE MOVED TO R TWO.

UM, I DO WANNA BE, I DO WANT TO STAY RA RA.

ALRIGHT, THANK YOU ONCE AGAIN FOLKS.

THE, THE TOPIC UNDER DISCUSSION RIGHT NOW IS NOT THE REZONING ISSUE.

IT IS AMENDING THE UDC TO CLARIFY CONTINUING AGRICULTURAL OPERATIONS IF PROPERTY IS ANNEXED AND REZONED.

OKAY, THE, THE, THE, THE R TWO THING IS COMING UP.

HI, MY NAME IS MELISSA ZIP.

UM, I'M AT 2 6 8 7 5 CYNTHIA DRIVE.

THIS IS RELATED TO 60 80 FM 4 82.

AND TO THE PROPOSED AMENDMENTS RELATED TO THE AGRICULTURAL USE, I AM LOOKING AT A SCREENSHOT THAT I TOOK THAT SHE PROPOSED.

UM, CAPITAL LETTER B, LOWERCASE B UM, TWO, WHERE IT TALKS ABOUT CONSTRUCTION OF MAINTENANCE BUILDINGS OR EQUIPMENT SHEDS, BARNS, ET CETERA.

SPECIFICALLY, INSURANCE OF BUILDING PERMITS WILL BE REQUIRED FOR ANY AGRICULTURAL OPERATIONS BUILDINGS OR STRUCTURES AS DESCRIBED IN THIS SECTION.

SO MY CONCERN IS HOW LONG DOES IT TAKE TO GET A PERMIT? IF YOU'VE EVER LIVED ON A FARM IN AN AGRICULTURAL ENVIRONMENT, SOMETHING HAPPENS AND YOU NEED TO TAKE CARE OF IT IMMEDIATELY.

UM, A CALF IS BORN AND YOU NEED TO BUILD ANOTHER CORRAL OR ANOTHER SHED, UH, A WIND BLOWS DOWN THE BARN THAT YOU WERE USING.

YOU NEED TO TAKE CARE OF IT IMMEDIATELY.

SO HOW LONG DOES IT TAKE TO GET A PERMIT IS MY QUESTION.

HI, GOOD EVENING, COMMISSIONERS.

GOOD EVENING AGAIN.

I'M MARK SHORN 83 20 TRAINER HALE ROAD.

AND I JUST CAN'T HELP MYSELF.

ALRIGHT SIR.

GETTING A PERMIT TO BUILD A SHED FOR CATTLE OR GOATS IS BEYOND ABSURD.

THERE'S NO CODES THAT I'M AWARE OF FOR AGRICULTURAL BUILDINGS IF WE WERE BUILDING A HOUSE, SURE.

ARE THERE CODES FOR HAY BARNS? WHERE WOULD I FIND THEM? IT'S BEYOND RIDICULOUS.

END OF STATEMENT STATE.

AMEN.

I'M ASHLEY FAIRMONT WITH KILLIAN GRIFFIN IN FAIRMONT.

UH, MY ADDRESS IS 1 0 1 0 1 REUNION PLACE.

UH, NICE TO SEE YOU ALL.

I AM HERE TO SPEAK ON THE LANGUAGE, SPECIFICALLY THE CODE AMENDMENT.

I, I DO WANNA SAY THOUGH, ON, ON BEHALF OF SOME PROPERTY OWNERS, I, I DON'T WANT THIS TO BE VIEWED AS, UH, AGREEING TO OR CONSENTING TO THE ANNEXATION BECAUSE JUST TO ECHO DR.

SHOR'S COMMENTS, UH, WE DO NOT BELIEVE

[00:40:01]

IT'S VOLUNTARY.

WE BELIEVE THESE AGREEMENTS HAVE EXPIRED.

UM, AND, AND THE CITY IS, IS OVERSTEPPING WITH THE PROPOSED ANNEXATION.

BUT THAT BEING SAID, WITH REGARDS TO THE PROPOSED CODE CHANGES, UM, A FEW CONCERNS.

THERE ARE SOME PROPERTIES THAT ARE BEING ZONED COMMERCIAL INDUSTRIAL THAT HAVE HOMES ON THEM.

UM, SO THIS NON ANNEXATION DOES NOT NECESSARILY EXTEND TO REBUILDING THOSE HOMES.

SO IF THERE WAS MORE THAN 50% DAMAGE TO THOSE STRUCTURES, THEY ARE NON-CONFORMING USES FOLLOWING ANNEXATION IF IT DOES HAPPEN.

SO THESE HOMEOWNERS ARE BEING NOT ONLY ANNEXED, BUT THEN NEED TO BE ABLE TO REBUILD THEIR HOMES, UH, IF SOMETHING WAS TO HAPPEN.

UNFORTUNATELY, HOPEFULLY THAT DOESN'T HAPPEN.

UH, THE OTHER CONCERN IS REGARDING, UM, STRUCTURES ON THE PROPERTY.

AS, AS YOU HEARD FROM THE PAST TWO SPEAKERS, THERE ARE A LOT OF EXISTING STRUCTURES ASSOCIATED WITH AGRICULTURAL OPERATIONS.

UH, THOSE STRUCTURES WERE, WERE BUILT TO FURTHER THOSE AGRICULTURAL OPERATIONS.

THERE WAS NOT ANY CODE REQUIREMENTS.

SOME OF THE STRUCTURES ON THESE PROPERTIES ARE VERY OLD.

UH, SO THERE IS A LOT OF CONCERN ABOUT WHAT HAPPENS WHEN THE CITY COMES OUT TO THESE PROPERTIES.

ARE THESE STRUCTURES THEN, UH, YOU KNOW, THERE CODE COMPLIANCE ISSUES? DO THEY HAVE TO SUDDENLY COMPLY WITH CITY CODES ON SHEDS THAT HAVE EXISTED FOR YEARS ON BARNS? UM, AND THEN THAT, AND THEN IN ADDITION TO THE, THE PERMITTING REQUIREMENTS FOR THESE SMALLER AGRICULTURAL, UM, SUPPORTING STRUCTURES.

SO WITH THAT IN MY COMMENTS, THANK YOU.

YOU'RE WELCOME.

MY NAME'S GARY FAIRLEY, AND I JUST WANNA SAY ON THE 1750, THE HOUSE BILL THAT SHE WAS DESCRIBING, THAT WAS SET UP MAINLY FOR THE AGRICULTURE, RESIDENTIAL AG, AG, EITHER ONE OF THE TWO ZONINGS, IT DON'T THINK THAT THE STATE LEGISLATOR HAD WANTED TO TO BE USED AS A WAY TO GET PASSED, PUTTING AN R TWO, UH, ZONING ONTO ANYBODY AND THEN SAY YOU'RE NON-COMPLIANT.

YOU'RE TRYING TO SAY, WELL, YOU CAN DO THIS, BUT YOU'RE STILL NOT COMPLIANT.

AND I DON'T THINK HOUSE BILL 17, UH, WAS CREATED FOR THAT.

I THINK THAT ALL THE ZONING NEEDS TO GO BACK TO THE EITHER AGRICULTURAL OR THE RA THAT IT WAS BEFORE, THOUGH THERE REALLY WASN'T ANY ZONING.

NOT IF YOU LOOK AT THE, UH, THE, THE SHEETS.

THERE WASN'T ANY BECAUSE WE DIDN'T NEED IT.

BUT THAT'S ALL I WANTED TO SAY WAS THAT 1752 WAS NOT TO BE USED AS A MODIFICATION TO, UH, A NON-COMPLIANCE.

UH, MY NAME'S CRAIG MOORE, 7 7 0 3 TRAINER HALE.

MY QUESTION IS, I BOUGHT THE PROPERTY THE SELLERS HAD ANNEXED, SO I'M ACTUALLY TRYING TO DO STUFF ON MY PROPERTY TO FIND OUT THAT I'M UNDER YOUR PRE-DEVELOPMENT.

SO MY QUESTION IS, WHEN YOU ARE MOVING FORWARD, IF YOU MOVE FORWARD WITH YOUR ANNEXATIONS WITH THIS PROPOSAL, WHAT ARE YOU GONNA DO TO THE PEOPLE WHO YOU HAVE ALREADY SCREWED OVER? BECAUSE RIGHT NOW I HAVE TO SPEND THAT MONEY TO JUST, IF I WANNA BUILD A GAZEBO, I WANNA BUILD ANY SIMPLE LITTLE THING, IT'S GONNA COST ME AT LEAST 15, $20,000.

SO I'M JUST CURIOUS, IS THERE ANY PLAN TO CORRECT THE WRONG THAT WAS DONE 10 YEARS AGO WHEN YOU INITIALLY ANNEX PEOPLE IN? BECAUSE BASED ON YOUR PAPERWORK, PRE-DEVELOPMENT DISTRICT PRE INTENDED FOR USE OF UNDEVELOPED LAND IN THE CITY AS A TEMPORARY DESIGNATION, I'M NOT REAL SURE HOW LONG TEMPORARY IS, BUT I BOUGHT THE LAND IN 13, IT'S 24 AND I'M STILL LISTED AS PRE AND THANK GOD MY NEIGHBORS ARE IN THIS HEADACHE BECAUSE THAT'S HOW I LEARNED ABOUT NOW YOU'RE DOING ANNEXATIONS, BUT YOU'RE DETERMINING WHAT YOU WANT IT TO BE.

I'M SITTING ON THE SAME AGRICULTURAL LAND AS MY, MY NEIGHBOR OVER THERE, THE NEIGHBOR'S OVER HERE, BUT YET I GET A PAY.

IS THERE ANY PLAN TO TRY TO UNSCREW THAT? THANK YOU ALL BOARD.

MY NAME IS ANDRES GONZALEZ.

[00:45:01]

I LIVE AT 360 BIG JOHN LANE.

AND, UM, I'M HERE WITH MY WIFE, MY CHILD.

MY CONCERN DEALS WITH THE BUILDING, OF COURSE, AS SOME OF THE PEOPLE HERE HAVE STATED, I DON'T KNOW HOW YOU GO ABOUT ENFORCING THINGS THAT ARE NOT IN ACTUAL CODE.

UM, AT THIS MOMENT IT ALMOST SOUNDS LIKE WE ARE ACTUALLY TRYING TO AGREE TO SOMETHING BEFORE WE READ IT.

I REMEMBER A POLITICIAN USED TO SAY THAT, LET'S PASS IT AND THEN WE'LL, WE'LL READ IT.

IT, I I DON'T SEE HOW THAT'S EFFICIENT, EFFECTIVE, OR PROPER.

I ASK THAT YOU AS BOARD MEMBERS, REPRESENTATIVES OF THE CITY NOT IMPOSE OBSTACLES IN OUR WAY OF LIFE THAT WE'VE HAD IN SOME CASES FOR SIX GENERATIONS.

I ASK THAT YOU ALLOW US TO CONTINUE LIVING IN THE WAY WE HAVE TO CONTINUE INSTILLING THOSE VALUES TO OUR CHILDREN AND TO OUR NEIGHBORS.

EVERY SINGLE PERSON HERE IS TRYING TO REPRESENT THEIR INTERESTS, THEIR FAMILY.

I ASK YOU, ARE WE REPRESENTING THE CITIZENS IS EQUALLY AND UNFAIRLY? I UNDERSTAND WE ALL HAVE A JOB TO DO AND I KNOW WHAT YOU ARE APPOINTED FOR OR VOTED IN FOR, BUT I ASK THAT WHEN WE ENFORCE OR WE ATTEMPT TO ENFORCE SOME OF THESE RULES, WE TAKE INTO ACCOUNT THAT SOME OF THESE STRUCTURES, SOME OF THESE HOMES HAVE BEEN STANDING FOR OVER A HUNDRED YEARS ACCORDING TO THE VARIANCE.

UM, I GUESS YOU CAN CITE OR WE CAN ASK FOR A VARIANCE, UH, EXCLUSION.

IF, IF IT'S UP TO YOU ALL, IF IT'S MORE THAN 50% TO REPAIR, REPLACE, OR MODIFY, THEN THE BOARD WOULD SERIOUSLY CONSIDER MODIFYING THE ANNEXATION OR ENFORCING.

I ASK THAT YOU PLEASE LOOK INTO THE PEOPLE HERE, THEIR INTERESTS, THEIR HOMES, HOW LONG THEY'VE BEEN THERE, AND EVEN THOSE THAT WERE JUST RECENTLY BOUGHT PROPERTY AND WE'RE NOT TOLD.

'CAUSE SOMEBODY MIGHT HAVE NOT DONE THEIR DUE DILIGENCE.

WHY ARE WE LEFT TO PAY THE PRICE? THAT'S ALL I HAVE FOR RIGHT NOW.

IT WAS NO BARBED WIRE AND YOU HAD, IF YOU, YOUR CATTLE BROKE OUT, YOU HAD TO, UH, YOU HAD TO GET A PERMIT TO FIX YOUR FENCE, OKAY? FOR 14 YEARS WE'VE BEEN ASKING THAT AND WE'VE BEEN, AND WE WERE TOLD AT THE VERY BEGINNING, THE 14 YEARS WAS GOING TO BE USED TO UPDATE FOR AGRICULTURAL USES.

HELLO, I'M PEGGY HERMAN.

I LIVE AT 36 33 GREEN VALLEY ROAD.

MY FARM IS NOT IN BEAR COUNTY, BUT I AM A FARMER.

AND SO I WROTE SOME NOTES TO SAY THINGS THAT HAPPEN AT A FARM.

UH, BESIDES MYSELF, I I ALSO DRIVE ON, UH, WEIR ROAD AND GREEN VALLEY ROAD.

I'M SORRY, UH, FARM, UH, TRAINER HILL ROAD.

WHEN I GO BOWLING AT BECKER, WHICH IS ALSO IN BEXAR COUNTY, WE PRONOUNCE IT DIFFERENTLY.

UM, ON THE WAY OVER THERE, IT'S A BEAUTIFUL, BEAUTIFUL DRIVE, BUT AS Y'ALL PROBABLY KNOW, WE ROAD CROSSES OW CREEK.

SO SOME OF THE THINGS THAT WAS INTERESTED TO ME WAS LOOKING AT THE, UH, DRAWINGS THAT YOU'VE GOT SOME CONNECTORS THAT YOU'RE PLANNING.

I'M NOT SURE HOW THAT AFFECTS THE UDC OR IF YOU TAKE LAND AWAY OR IF IT'S GRANDFATHERED, BUT THINGS ABOUT A FARM, WE USE HEAVY EQUIPMENT, WE USE TRACTORS, WE BURN AND CLEAR LAND.

WE HAVE SMOKE HOUSES AND CHICKEN COOP.

WE SPRAY, WE USE HERBICIDES, FERTILIZER.

AND I HAVE PART OF MY PROPERTY IN WILDLIFE MANAGEMENT, WHICH MEANS I HAVE POND MANAGEMENT.

I LEAVE DEAD TREES FOR WATERFOWL, I INVENTORY WILDLIFE AND I HUNT.

ARE THESE THE THINGS THAT'S GONNA BE A BIT AVAILABLE TO THESE PEOPLE THAT YOU'RE, UH, CHANGING TO AN R TWO? THANK YOU REAGAN ALLEY.

I'M AT 7 9 9 3 TRAINER HALE ROAD, UNIT FOUR.

UH, FOR 14 YEARS WE'VE BEEN DEALING WITH THE, UH, DEVELOPMENT AGREEMENTS.

AND I'VE ASKED THE QUESTION OF THE THINGS WE HAD HEARD ABOUT THAT WE WERE GONNA BE HELD TO WE CODES THAT ARE SPECIFICALLY FOR CITY STUFF, YOU KNOW? AND 14 YEARS AGO

[00:50:01]

I MEAN, SPECIFIC ENOUGH, OKAY? WE'VE HEARD THE STORY ABOUT OVER ON HA VILLE ROAD, THAT THE ONE FARMER HAD THE CATTLE BREAK OUT AND THE COP STOPPED AND ISSUED A, A, A TICKET FOR HIM FOR FIXING HIS FENCE.

THAT'S WHERE YOU'RE GETTING US.

UH, WITH ALL THE VAGUENESS AT THE LAST COUNCIL MEETING AND, UH, THE FIRST COUNCIL MEETING IN, IN APRIL, I BROUGHT IT UP AND, UH, WE DID IT TALK TO COUNCIL MEMBERS DURING THE BREAK AND THEY CONSULTED WITH THE ATTORNEY, CITY ATTORNEY AND THEY, THEIR COMMENT WAS, WE'LL JUST FIX IT.

YOU'RE, YOU'RE BENDING THE, THE, THE RULES BASICALLY, IF YOU'RE GOING TO HAVE TO HAVE WHAT YOU CAN USE, AND IF IT'S BARBED WIRE, IF YOU'RE GONNA OUT MODE IT, YOU'RE GONNA HAVE TO REPLACE IT FOR US BECAUSE SOME OF US HAVE INVESTED THOUSANDS OF DOLLARS IN BARBED WIRE.

OKAY? THE, UH, YOU KNOW IT WHEN YOU START TALKING WITH COUNSEL AND YOU CAN'T EVER GET ANYTHING FROM THEM ON THE SPECIFICS ON WHEN YOU'RE GONNA SIT THERE AND HAVE A CODE ENFORCEMENT OFFICER ROLL UP THERE AND SAY, YOU CAN'T DO THAT.

YOU CAN'T DO THAT FENCE OR THAT FENCE ISN'T GOOD ENOUGH.

YOU KNOW, UH, 'CAUSE Y'ALL HAD SOME RULES IN YOUR CITY IS THAT, THAT YOU COULD NOT SEE LIVESTOCK WITHIN THOUSAND FEET OF YOUR HOUSE.

I THINK IT WAS ACTUALLY OF YOUR KITCHEN WINDOW.

IT'S DETAILS LIKE THAT, THAT LEAVE US IN THAT VAGUE AREA.

OKAY? WE'RE GONNA STAY AG FOR WHATEVER PERIOD OF TIME TILL WE DECIDE TO, TO, UH, WHETHER WE GET ANNEXED OR NOT.

I AM AGAINST THE ANNEXATION, BUT THERE YOU ARE SO VAGUE THAT ANYBODY COULD COME UP THERE AND NAIL YOU.

AND THAT'S WHAT WE FEEL LIKE WE'RE BEING SET UP TO BE JUST NAILED BECAUSE IT'S SO VAGUE, YOU KNOW, STRUCTURES, UH, YOU KNOW, TO BUILD A DOGHOUSE, DO YOU HAVE TO GET A PERMIT? MY NEXT DOOR NEIGHBOR JUST PUT UP A METAL BUILDING, $2,800 FOR A PERMIT.

YOU'RE, YOU'RE PUTTING A BURDEN ON EVERYBODY AND YOU'RE BEING VAGUE ABOUT IT.

AND EVEN YOUR CITY ATTORNEY, IT SAYS, OH, JUST FIX IT.

JUST FIX IT.

THAT'S TOO VAGUE.

I'M GERMAN, YOU KNOW, GERMANS NEED RULES, BUT WE ALSO HAVE QUESTIONS AND WE LIKE TO HAVE THE QUESTIONS ANSWERED.

AND WE'VE BEEN WAITING 14 YEARS TO HAVE SPECIFIC RULES.

I MEAN, IF YOU'RE GONNA, IF YOU'RE GOING TO MESS AROUND WITH US, OKAY, LET'S HAVE SOMETHING TO ARGUE ABOUT.

BUT BEING VAGUE SO THAT YOU CAN NAIL US ON ANY LITTLE THING, THEN THAT'S RIDICULOUS.

AND FOR 14 YEARS IT, IT TOOK THE STATE TO ACTUALLY PASS A BILL FOR Y'ALL TO ATTACH TO IT, AND IT'S STILL PRETTY VAGUE.

EXCUSE.

PRE-DEVELOPMENT THAT NBU SERVES US AND NB IS WILLING TO RELEASE US TO THE CITY OF SHIRTS.

HI, GOOD EVENING EVERYONE.

MY NAME IS MINERVA RODRIGUEZ AND I LIVE OFF OF PROPERTY THREE 90 FOSI LANE AND I HAVE LIVED THERE FOR THE PAST 18 YEARS.

THE LAST TIME WHEN THE PROPERTY GOT ANNEX, I DIDN'T RECEIVE A LETTER.

WE WERE NOT AWARE OF IT AS TIME PASSED BY, UM, I LIVED THERE FOR ALL THESE YEARS WITHOUT A WATER METER BY MY HOUSE.

MY WATER METER IS ABOUT MORE THAN A MILE OR ABOUT A MILE AWAY FROM MY HOUSE AT THE ENGLE ROAD.

AND I LIVE AT THE BEHIND THE PARKLAND SUBDIVISION.

WE HAVE COME MANY, MANY, MANY TIMES TO ASK THE FAVOR TO PLEASE GIVE US A WATER METER.

I HAVE THREE CHILDREN WHO HAVE DRANK CONTAMINATED WATER.

I HAVE ABOUT FIVE WATER FILTERS AT MY HOUSE.

I HAVE CONTACTED SEROLOGY, WHICH NEVER ANSWER MY PHONE CALLS ANYMORE AND HAVE COME MANY TIMES TO THE CITY OF SHIRTS.

AND ALL WE GET IS THAT WE IN

[00:55:01]

BUT THE CITY, THE GREEN VALLEY WATER CITY INSURANCE WILL NOT TAKE US.

SO I JUST WANNA, YOU KNOW, THAT I'M OPPOSED TO ALL THIS BECAUSE, AND NOT ONLY THAT, UH, THE SUBDIVISION GOT BUILT RIGHT ON FRONT OF MY PROPERTY AND ON THE SIDE OF MY PROPERTY, PARKLAND SUBDIVISION, YET THEY GET CITY OF WATER.

WHAT DO I GET? NOTHING.

I STILL STRUGGLING WITH THE WATER.

I HAVE TO SHARE MY WATER WITH FOUR OTHER NEIGHBORS DOWN THE ROAD AND FROM LANE THAT'S GOING TOWARDS ENGLE ROAD.

THAT IS NOT, THAT ROAD IS NOT OPEN YET.

ONE OF THEM IS FULLY HANDICAPPED AND WE DO MANY PHONE CALLS AND NOBODY LISTENS TO US.

ONE ANSWER THAT I GOT, YOU KNOW WHAT, JUST GET AT ONE OF THOSE BIG OLD CONTAINERS BECAUSE THAT'S AS FAR AS WE CAN GO FOR YOU.

SO I DON'T KNOW IF ANY OF Y'ALL HAVE CHILDREN, GRANDCHILDREN, WHAT KIND OF WATER ARE YOUR CHILDREN DRINKING? HOW DO YOU GO TO SLEEP? HOW DO YOU DO IT? IF YOU HAD A CHILD SAYING, MOM, I HAVE THE SOAP ALL OVER MY FACE AND I HAVE NO WATER.

AND YOU HAVE TO CALL EVERY SINGLE NEIGHBOR TO SEE IF ANYBODY HAS THE WATER HOSE OPEN OUTSIDE.

AND WE BEG SO MANY TIMES FOR WATER.

SO WE'RE ALL HUMANS AND WE'RE HERE TO DO JUSTICE FOR ONE ANOTHER.

THIS IS WHAT WE REPRESENT.

THIS IS WHAT THE STATE OF THE UNITED STATES REPRESENTS.

SO LET'S DO FOR ONE ANOTHER.

I KNOW THAT A LOT OF PEOPLE ARE JUST BY NUMBERS.

I LIKE NUMBERS AS WELL.

I KNOW THAT COMPARED TO MANY HOUSES THAT YOU CAN PUT IN MY PROPERTY THAT HAVE FIVE ACRES, YOU KNOW WHAT BILL, WHICH, WHICH IS MORE A ONE WATER BILL, YOU KNOW, OF MAYBE $200 A MONTH OR A THOUSAND DOLLARS OF WATER BILLS THAT, THAT YOU CAN GET OUT OF THOSE PROPERTIES.

I, I KNOW THERE'S A WAY SOMETIMES TO PUSH US AWAY FROM OUR PRIVATE PROPERTY OR FROM MY PROPERTY.

I ENJOY MY CORNER.

YOU KNOW WHY I ENJOY IT? BECAUSE I ENJOY THE NATURE.

I KNOW THAT, YOU KNOW, EVERYTHING GROWS, EVERYTHING CHANGES.

BUT PLEASE JUST HAVE SOME MERCY OVER US.

AND WHEN YOU DO CHANGES, DON'T JUST THINK ABOUT NUMBERS, THINK ABOUT YOU DOING TO OTHERS AND THINK ABOUT THAT.

GOD WATCHES EVERYTHING.

IT IS 6:57 PM AND THE PUBLIC INPUT IS CLOSED.

COMMISSIONERS, LET ME START REAL QUICK BY SAYING THANK YOU FOR YOUR INPUT.

SILLY ME.

I THOUGHT THIS WAS A PRETTY STRAIGHTFORWARD ISSUE.

APPARENTLY I WAS WRONG.

SO THANK YOU EMILY.

SO COMMISSIONERS, ANYBODY BEFORE I START? ALL RIGHT, WHAT I'D LIKE TO TRY TO DO IS GET, GET, GET, GET A FEW ANSWERS.

OKAY? FIRST OF ALL, UH, I, I I I'M NOT SURE, UM, EVERYONE REALLY UNDERSTANDS THE WHOLE THIS AMENDMENT IS, IS IS INTENDED TO ALLOW THEM, IF THEY'RE DOING AGRICULTURE NOW, IT'S INTENDED TO ALLOW THEM TO CONTINUE AGRICULTURE USE ON THEIR PROPERTY REGARDLESS OF WHAT THE, WHAT IT GETS REZONED TO.

IS THAT CORRECT? THAT'S CORRECT.

OKAY? SO AGAIN, HYPOTHE, HYPOTHETICALLY I HAVE, I HAVE A NINE ACRE FARM, OKAY? AND ALL I WANT TO DO IS BUILD, BUILD A A, A HOUSE FOR MY SON AND HIS FAMILY WHO'S GONNA HELP ME RUN THE FARM.

PART, PART OF THE, PART OF MY PROBLEM AS, AS THE COMMISSIONER THAT I STRUGGLE WITH IS WE HEAR FROM YOU FOLKS BEFORE YOU HEAR FROM US.

OKAY? UM, I WILL TELL YOU RIGHT NOW THAT A LOT OF THINGS THAT, THAT I'VE HEARD ARE ON MY LIST TO TALK ABOUT, BUT MY TURN COMES AFTER YOU'VE ALL, YOU KNOW, SO SOMETIMES I THINK IT'S A LITTLE BACKWARDS.

IT MIGHT BE BETTER IF YOU GOT TO HEAR WHAT WE THOUGHT BEFORE YOU HAD ANYTHING.

UM, SO LEMME GO DOWN MY LIST HERE REAL QUICK.

UM, IF I UNDERSTAND CORRECTLY, UM, IF THEY WANT TO BUILD ANOTHER RESIDENCE ON THEIR FARM, IT'S FIVE ACRES PER UNIT.

SO IF THEY ONLY HAVE NINE ACRES, THEY CAN'T PUT A SECOND HOUSE ON IT.

IS THAT CORRECT? THAT'S CORRECT.

WHY DID, WHERE DID THE FIVE ACRES COME FROM? SO, SO THE FIVE ACRES IS TIED TO THE STATE REQUIREMENT FOR PLATTING.

IS, IS ESSENTIALLY WHERE WE CAME UP WITH THAT.

WHAT THE MINIMUM PROPERTY SIZE IS WHEN YOU HAVE TO SUBDIVIDE.

SO GO BACK TO WHAT MR. SCH SAID.

YOU WANT TO TRANSFER OWNERSHIP OF PROPERTY.

AGAIN, STATE LAW, CITY CODE TRIGGERS WHEN YOU HAVE TO PLOT THE PROPERTY.

SO THAT WAS PART OF THE LOGIC OF THE, THE FIVE ACRES IS, IS TO STAY CONSISTENT WITH THAT.

SO SOMEBODY DIDN'T RUN AFOUL AND THINK, WELL, I CAN PUT A HOUSE ON IT AND I CAN TRANSFER OWNERSHIP WHEN IN FACT THEY COULDN'T PER OTHER LAWS.

[01:00:02]

IF ALL I WANT TO DO IS BUILD THAT HOUSE, I'M NOT GONNA GIVE IT.

IT'S, IT'S, IT'S NOT GONNA NOT TRANSFER ANY PROPERTY TO HIM.

ALL WE'RE DOING IS BUILD ANOTHER HOUSE.

THEN I THEN THE FIVE ACRES PER UNIT WOULD NOT APPLY.

NOW IT, THE FIVE ACRES WOULD APPLY.

SO AGAIN, IT'S AT, AT WHAT WE'VE SET FOR THE PROPOSAL AND YOU COULD CHANGE IT.

COMMISSIONER, YOU COULD MAKE IT 50 FEET IF YOU WANTED, RIGHT? WE SET IT AT FIVE ACRES BECAUSE AGAIN, WHAT WE'RE TALKING ABOUT ARE AGRICULTURAL USES.

AND AGAIN, THE IDEA WAS CHILD NEEDS TO COME OUT, LIVE THEIR HELP, YOU KNOW, AGAIN, AT SOME POINT IF WE SET IT AT A QUARTER OF AN ACRE, SO SOMEBODY'S GOT A HALF ACRE AND THEY'RE RAISING CROPS ON IT AND SAY, WELL, I NEED TO BUILD A SECOND AND A THIRD HOUSE ON THAT HALF ACRE FOR MY CHILDREN TO HELP ME.

I'M NOT SURE THAT'S REALLY VALID.

NOW AGAIN, WE, WE CAN, IT, YOU CAN DECIDE WHAT YOU WANT THAT TO BE.

AND SO THE COMMISSION CAN MAKE A RECOMMENDATION TO SAY, I WANT TO CUT THAT DOWN TO A QUARTER OF AN ACRE.

ALRIGHT, WELL I'M CONFUSED AGAIN.

NUMBER ONE, YOU, YOU SAY RIGHT HERE, THEY DON'T HAVE TO PLOT THE PROPERTY.

IT'S ONE OF THE EXCEPTIONS.

THAT IS CORRECT.

NOW GOING BACK TO MY HYPOTHETICAL.

HMM.

I HAVE IT, IT, SO AGAIN, WHAT WHAT I'M READING IS FIVE ACRES PER UNIT.

SO TWO HOUSES MEANS 10 ACRES.

TO NOT SUBDIVIDE, YOU HAVE TO HAVE 10 ACRES TO HAVE TWO HOUSES.

BUT IF THEY DON'T SUBDIVIDE, ALL THEY WANNA DO IS PUT ANOTHER HOUSE ON IT.

YOU'VE GOTTA HAVE 10 ACRES.

AGAIN, LET'S STAFF PROPOSED IN THE CODE, THAT'S FIVE ACRES.

THE LOGIC OF THAT WAS THE MINIMUM SIZE REQUIREMENT THAT TRIGGERS PLATTING.

BUT THE COMMISSION, AND THIS IS WHAT YOUR PURVIEW IS, YOU CAN MAKE A RECOMMENDATION TO SET THAT AT WHATEVER SIZE YOU WANT.

AGAIN, I WOULD SIMPLY CAUTION THAT THE INTENT OF THIS WAS TO SPORT AS WE'VE HEARD FOLKS, THESE AGRICULTURAL OPERATIONS.

AND AT SOME POINT, DOES THAT SIZE SHRINK DOWN TO THE POINT THAT THE BASIS IS NOT REALLY TO SUPPORT THE AGRICULTURAL OPERATIONS? IT IT CAN, YOU KNOW, YOU WOULD ARGUE IT GETS TOO SMALL AND, AND IT DOESN'T.

WHAT THAT NUMBER SHOULD BE THOUGH, WHETHER IT'S FIVE ACRES AN ACRE, A HALF ACRE, THREE ACRES, THAT CERTAINLY UP TO THIS COMMISSION TO MAKE A RECOMMENDATION ON.

I I, I WOULD ARGUE OR I WOULD CAUTION THOUGH, AND SOME OF YOU WHO'VE BEEN ON A LONG TIME MAY REMEMBER WHEN WE STRUGGLED TO DEAL WITH ZONING SOUTH OF RANDOLPH, WE HEARD A LOT OF THESE SAME ISSUES.

SO THERE ARE AN INFINITE NUMBER OF SITUATIONS WITH PEOPLE WITH VARYING SIZES OF PROPERTY AND WHATEVER YOU RECOMMEND, I THINK THERE IS LIKELY TO BE SOMEBODY WHO IS GREAT, I'M JUST OVER THAT I CAN BUILD THIS AND THERE'S SOMEBODY WHO'S LIKELY TO BE JUST UNDER THAT AND IS FRUSTRATED.

OKAY? BUT THAT WAS THE LOGIC OF WHY IT WAS FIVE ACRES.

THE INTENT WAS AGAIN, THIS AGRICULTURAL OPERATIONS AND, AND, AND WE, WE WANT TO CONTINUE AG OPERATIONS AND HAVE OUR CHILDREN OR RELATIVE ON THE PROPERTY HAVE A WORKER.

AND THE ASSUMPTION IS, IS HOW MANY HOUSES DO YOU NEED TO OPERATE AGRICULTURAL PURPOSES ON SAY FIVE ACRES? I MEAN, YOU COULD MAKE IT AN ACRE AND SAY WELL REALLY TAKES FIVE HOUSES AND FIVE FAMILIES LIVING ON THAT FIVE ACRES TO RUN IT AT THAT POINT.

I'M NOT SURE HOW MUCH ROOM YOU HAVE FOR OTHER THINGS.

AGAIN, THE OTHER POINT I WILL MAKE, AND THIS GOES TO THE OTHER WITH REGARD TO PLATTING, AND THIS GOES TO SOME OF THE COMMENTS THAT WE HEARD ABOUT PEOPLE SAYING, I DON'T WANT TO BE RA OR I WANNA BE RA I DON'T WANT TO BE R TWO.

R TWO HAS A SMALLER LOT SIZE.

SO IF THEY CAME IN AND PLATTED, PLATTED OFF A PORTION OF IT, THEN THEY COULD BUILD ANOTHER HOUSE ON THE PROPERTY.

IT WOULD JUST HAVE TO BE ON A SEPARATE LOT.

SO THERE IS A WAY TO BUILD MORE, IT, IT JUST TRIGGERS THE PLATING TO DO THAT AT WHATEVER YOU, AND AGAIN, THAT'S AT WHATEVER YOU SET THE LOT SIZE AT, UNLESS YOU SET THAT MINIMUM TO NOT PLAT AT THE MINIMUM FOR THE ZONING, WHICH WOULD BE 8,400 UNDER THE R TWO.

AND WHAT CODE ARE YOU GONNA USE FOR SOMEBODY THAT WANTS TO PUT UP A POLE BARN? SURE.

CAN YOU ADDRESS THE QUESTION ABOUT BILLING PERMITS? HOW LONG DOES IT TAKE TO GET ONE

[01:05:01]

SO, SO LET ME, LET ME OFFER THIS.

I APPRECIATE DR.

SHOR'S COMMENT.

WHAT, WHAT WE DID WHEN WE WROTE THE PROVISION TO TRY TO NOT BE TOO WORDY AND TOO LONG, BUT WE CAN CERTAINLY LOOK AT AMENDING THAT IS WE HAVE A BROAD SECTION THAT'S CONSTRUCTION OF MAINTENANCE, BUILDING EQUIPMENT SHEDS, BARN ACCESSORY BUILDINGS, ANIMAL CAGES, ET CETERA.

HIS POINT IS WELL TAKEN.

ONE OF THE CHANGES THAT STAFF LIKELY WOULD CONSIDER BEFORE GOING TO COUNCIL, AND YOU COULD CERTAINLY MAKE THIS RECOMMENDATION, IS THAT STAFF SPLIT THOSE SECTIONS OUT INSTEAD OF GROUPING THEM ALL ON ONE, BUT SPLIT THEM UP TO MAKE CLEAR WHAT WOULD REQUIRE IT.

WELL, I APPRECIATE SOME OF THE SENTIMENT.

I WOULD ARGUE THAT IF SOMEONE'S GOING TO BUILD A HABITABLE STRUCTURE, THAT WE WOULD WANT TO GO THROUGH THE PERMITTING PROCESS TO MAKE SURE IT'S SAFE TO BE A HABITABLE STRUCTURE.

I CAN CERTAINLY APPRECIATE SOME PEOPLE HERE PROBABLY HAVE THAT KNOWLEDGE AND EXPERTISE TO BE ABLE TO DO THAT.

I WOULD ARGUE THAT OTHER FOLKS CERTAINLY DON'T, YOU KNOW, FOR INSTANCE, A STRUCTURE THAT DOESN'T HAVE ANY RUNNING WATER, DOESN'T HAVE A SEPTIC SYSTEM OR DOESN'T HAVE ANY SEWAGE.

TO ME THAT'S NOT SAFE.

I DOUBT ANYONE'S LIVING IN THAT SITUATION.

BUT WE MAY HAVE FOLKS HERE WHO, WHO THAT'S WHAT THEY WOULD DO.

SO OUR RECOMMENDATION WOULD BE TO SPLIT IT TO MAKE CLEAR WHAT REQUIRES A PERMIT, WHAT DOESN'T, THE LENGTH OF TIME IT TAKES TO, FOR A PERMIT, AS YOU KNOW, DEPENDS ON THE COMPLEXITY OF WHAT THEY'RE TRYING TO BUILD AND WHAT THE USERS ARE AND THINGS LIKE THAT.

UM, SO IT'S HARD FOR ME TO SAY THIS IS HOW LONG IT WOULD TAKE.

SO YOU WOULD SUGGEST THAT WE CHANGE THIS TO ONLY REQUIRE PERMITS FOR HABITABLE STRUCTURES.

I, I WOULDN'T QUITE GO THAT FAR YET.

WHAT I WOULD SAY IS THAT WE SPLIT SECTION BB TWO WOULD BE WHAT I WOULD RECOMMEND INTO MULTIPLE GROUPINGS, AND WE CAN CERTAINLY CHAT WITH DR.

SHORN, CHAT WITH THE OTHER FOLKS AND SEE WHAT SUGGESTIONS THEY HAVE ON IT.

UM, AND THEN MAKE A RECOMMENDATION TO SPLIT THAT OUT TO ARTICULATE WHAT REQUIRES A PERMIT AND WHAT DOESN'T GOING FORWARD.

BECAUSE YEAH, AGAIN, WHAT WE HEARD IS, UM, YOU KNOW, IF SOMEBODY IS LOOKING TO BUILD A LIEN TO, FOR A COW UNDER IT, YEAH.

I'M NOT SURE THAT NEEDS A PERMIT, BUT AGAIN, WHEN WE DESCRIBE A SMALL SHED AND, AND AS YOU'VE DONE THIS WORK, WHAT ONE PERSON'S DEFINITION OF A SMALL SHED IS VERY DIFFERENT THAN SOMEONE ELSE'S DEFINITION OF A SMALL SHED.

AND WE'VE GOT A 2000 SQUARE FOOT BUILDING GOING UP.

FOR EXAMPLE, THAT MAY BE IN THE FLOODPLAIN.

SO ONE OF THE REASONS THAT THERE IS TO GET A PERMIT IS TO MAKE SURE THAT THEY'RE NOT DOING SOMETHING THAT'S PROBLEMATIC.

BUT, BUT AGAIN, I CAN APPRECIATE THE COMMENT AND OUR RECOMMENDATION WOULD BE TO GO BACK BETWEEN NOW AND COUNSEL, SPLIT THAT UP TO CLEARLY ARTICULATE WHICH TYPES REQUIRE IT AND WHICH DON'T, OR UNDER WHAT CIRCUMSTANCES.

FOR INSTANCE, CURRENTLY WE DON'T REQUIRE A PERMIT FOR A SHED IF IT'S LESS THAN 120 SQUARE FEET, 10 BY 12.

SO, SO AGAIN, LET ME, LET ME COME BACK IF I MAY.

AND AGAIN, WHILE FOLKS MAY SAY THIS IS, THIS IS NOT EVEN NECESSARY, DON'T BOTHER WITH THIS PROVISION.

WE, WE CAN CERTAINLY GO BACK AND LOOK AT A DIFFERENT SIZE REQUIREMENT FOR AN AG OPERATION.

BUT AGAIN, I WOULD STAND THERE AND ARGUE IF YOU WANNA BUILD A 2000 SQUARE FOOT SHED YEAH.

YOU PROBABLY NEED A PERMIT FOR THAT.

AND, AND AGAIN, THE, THESE ARE THE REALITIES THAT WE GET INTO.

WELL, I, I APPRECIATE, AND I, AND I THINK THAT'S PERSONALLY, YOU KNOW, JUST ONE PERSON SPEAKING, I, I THINK THAT WOULD BE A BETTER APPROACH IS TO FURTHER REFINE THESE.

SURE.

IS THERE ANY WAY YOU COULD DO THAT AND COME BACK TO US BEFORE IT GOES TO WE, WE COULD CERTAINLY, YOU, WE HAVE A MEETING, I BELIEVE ON THE 15TH.

YOU COULD CONTINUE THIS PUBLIC HEARING TO THE 15TH AND WE COULD COME BACK FOR NEXT WEEK ON THIS ONE.

SOMEBODY ASKED ABOUT, UM, AGAIN, HYPOTHETICALLY CITY ANNEXES, THE PROPERTY REZONES AT R TWO.

SO THE, THE FARMING OPERATION IS NOW A NON-CONFORMING USE.

TORNADO COMES THROUGH TOWN AND RIPS UP THE BARN AND THE HOUSE.

DO THEY GET TO REBUILD THAT? BECAUSE OF MY UNDERSTANDING OF, OF NON-CONFORMING USES PRETTY LI YOU KNOW, THERE'S A LOT OF LIMITS ON WHAT YOU CAN AND CAN'T DO.

THE COMMENT AND DON'T HAVE A PROBLEM IF WE MODIFY, UM, SECTION B AGAIN AND ARTICULATE THAT, THAT WOULD ALLOW A STRUCTURED, DESTROYED BY AN ACT OF GOD TO BE REBUILT.

SO I THINK THAT, AND THIS GOES BACK TO WHAT YOU SET THAT CIS REQUIREMENT ON NECESSARILY.

I CERTAINLY DON'T HAVE A PROBLEM.

I THINK THE INTENT WAS IF YOU CAN BUILD A STRUCTURE, YOU COULD REBUILD A STRUCTURE.

SO I CERTAINLY APPRECIATE

[01:10:01]

HA, HAPPY TO ADD THAT PROVISION.

WE CAN ADD THAT IN FIRE, FLOOD, EARTHQUAKE.

YEAH, IT, YEAH.

FIRE FLOOD IT.

IT'S NOT SOMEBODY CHOOSES TO KNOCK IT DOWN.

BUT IT'S, IT'S THROUGH AN ACT OF GOD AND WE CAN WORDSMITH THE LANGUAGE.

SO ANOTHER HYPOTHETICAL, WHAT IF I WANT TO ADD A BEDROOM? CAN I DO THAT IN A NON-CONFORMING USE? SO, YOU KNOW, AGAIN, I DON'T, I DON'T KNOW THAT WE HAD, WELL AGAIN, BRIAN, I DON'T MEAN TO PUT YOU ON THE SPOT, BUT THE WHOLE INTENT HERE IS, IS TO COMPLY WITH STATE LAW AND ALLOW AG OPERATIONS TO CONTINUE, EVEN IF WE ANNEX THE PROPERTY.

SO I'M NOT SURE THAT THE AG OPERATIONS UNDER STATE LAW REFERENCES SOMEONE ON A HOUSE EXPANDING THAT HOUSE.

THEY CAN'T GROW IT UNLIMITED, THEY CAN'T CROSS A BUILDING SETBACK LINE.

SO AGAIN, FAIR COMMENT.

WE COULD, WE COULD STIPULATE HOW BIG THEY COULD BUILD THAT HOUSE.

UM, YOU KNOW, GOING FORWARD, HAPPY TO ADD THAT, ALRIGHT.

SOMEONE EXPRESSED A CONCERN ABOUT CODE COMPLIANCE SHOWING UP AND SAYING THAT MM-HMM, THAT THAT BARN IS, IS NON, IT DOESN'T MEET CODE REQUIREMENTS.

IF YOUR HOUSE DOESN'T MEET CODE REQUIREMENTS, IS THAT GONNA HAPPEN? IT, IT, IT QUITE POSSIBLY COULD HAPPEN.

IT IT, WELL, I MEAN, YOU CAN'T, YOU CAN'T SHOW UP AT MY HOUSE.

MY HOUSE IS, UH, 34 YEARS OLD IN A SUBDIVISION.

YOU CAN'T SHOW UP THERE AND SAY, WELL, YOU DON'T MEET THE CURRENT BUILDING CODE.

YOU HAVE TO DO THIS AND THAT AND THE OTHER THING.

YOU CAN'T DO THAT CAN, CAN YOU, SO, NO, SIR, TO BE CLEAR, WE CAN'T SHOW UP AND SAY YOUR HOUSE DOESN'T MEET CURRENT BUILDING CODE.

THAT WASN'T WHAT I UNDERSTOOD YOUR QUESTION TO BE.

OH, I'M SORRY.

THAT'S WHAT I MEANT.

THE QUESTION WAS, WAS MUCH BROADER THAN THAT AS I, AS I TOOK IT.

AND SO IF, FOR EXAMPLE, THE, THE QUESTION IS, OR IF YOUR POINT IS, OR IF FOLKS' POINT IS THAT WE SHOULD NOT BE ABLE TO SHOW UP AT, AT A HOUSE OR A STRUCTURE THAT IS DEEMED UNSAFE AND, AND UNFIT FOR HUMAN HABITANCY AND OCCUPANCY.

SO FOR INSTANCE, SAY THAT STRUCTURE IS IN DANGER, UM, BECAUSE IT'S SO DAMAGED, DECAY DILAPIDATED, STRUCTURALLY UNSAFE OR FAULTY CONSTRUCTION ARE UNSTABLE, THAT PARTIAL COLLAPSE IS POSSIBLE.

IF YOUR QUESTION IS, COULD THE CITY SHOW UP AND SAY THIS IS A PROBLEM AND TAKE ACTION ON IT? YES.

IF, IF YOUR QUESTION IS, COULD THE CITY SAY, WELL, A STRUCTURE IS UNFIT FOR HUMAN OCCUPANCY.

SO FOR EXAMPLE, IT'S WHENEVER WE FIND IT'S UNSAFE OR UNLAWFUL BECAUSE OF THE DEGREE TO WHICH IT'S IN DISREPAIR, WAX MAINTENANCE IS UNSANITARY VERMIN OR RAT INFESTED CONTAINS FILTH OR OTHER CONTAMINATION OR LACKS VENTILATION, ILLUMINATION, SANITARY OR HEATING FACILITIES LACKS CURRENT WATER OR ELECTRIC UTILITIES OR OTHER ESSENTIAL EQUIPMENT REQUIRED UNDER THIS CODE.

OR BECAUSE THE STRUCTURE IS A HAZARD TO THE OCCUPANTS.

YES, WE WOULD GO OUT, I, I'M NOT SURE YOU WOULD WANT US TO SAY, WELL, DID YOU KNOW THAT HOUSE WAS UNSAFE? AND US TO SAY, OH YEAH, WE DID, BUT WE'RE INDIFFERENT TO THAT.

I I MEAN THAT'S, THAT'S THE CODE THAT APPLIES TO EVERYBODY IN THE CITY.

NO.

SO YEAH.

IF IT'S UNSAFE, I, I THINK WE'RE GONNA GO OUT, I THINK YOU'VE CLARIFIED THAT AND YOU KNOW, MY EXPERIENCE IS CODE COMPLIANCE WORKS BY COMPLAINTS AND THEY'RE NOT OUT THERE BEING PROACTIVE ANYWAY.

BUT, UM, UM, LET'S TALK ABOUT THE FENCE THING.

UM, BECAUSE UNLESS YOU'VE CHANGED THE RULES, UH, I CAN REPAIR MY FENCE AT MY HOUSE WITHOUT A PERMIT.

AS LONG AS I PUT UP THE SAME THING THAT'S THERE, I CAN DO THAT WITHOUT A PERMIT.

THAT'S RIGHT.

I THINK THE ISSUE IS, UH, I CAN'T PUT UP A BARBED WIRE FENCE AT MY HOUSE.

YOU, YOU CANNOT BECAUSE YOU DON'T HAVE AN AGRICULTURAL OPERATION.

THAT WOULD ALLOW YOU TO, TO PUT UP A BARBED WIRE FENCE.

WELL, SO YOU KNOW WHERE I'M GOING WITH THIS THEN SEE, SO RIGHT NOW THESE FOLKS ARE IN THE COUNTY UNINCORPORATED, THEY USE BARBED WIRE WHEN THEY'RE, IF THEY'RE ANNEXED AND ARE NOW IN THE CITY, ARE THEY GONNA BE ABLE TO CONTINUE TO USE BARB? YEAH, THERE IS A WIRE PROVISION.

UH, YOU HAVE IT NOT ON THE PHONE THAT STIPULATES CHICKEN WIRE AND BARBED WIRE PROHIBITED, UH, EXCEPT ON PARCELS ONE ACRE OR GREATER.

SO AGAIN, WE GOT A DIFFERENT SIZE STANDARD IN CONJUNCTION WITH THE CONTAINMENT OF LIVESTOCK OR FARM ANIMALS.

SO AGAIN, WE'RE HAPPY TO MODIFY THIS SECTION BECAUSE I THINK IT'S A GOOD POINT IN TERMS OF REPAIRING, CONSTRUCTING TO MAKE THAT CLEAR.

BUT YEAH, THERE'S A PROVISION THAT SAYS IF IT'S FOR, BUT IT'S AN ACRE MINIMUM.

I JUST WANT BE CLEAR, IF YOU GOT A HALF

[01:15:01]

ACRE OKAY.

DOESN'T APPLY.

AND THEN THE, THE, THE QUESTION OF, UM, FOLKS THAT WERE ALREADY ANNEXED OUT THERE AND CURRENTLY HAVE THE PRE-DEVELOPMENT MM-HMM.

ZONING.

UM, I, I THINK YOU HEARD WHAT, WHAT THE GENTLEMAN HAD TO SAY IN HIS QUESTION ABOUT, SO NOW EVERYBODY THAT YOU'RE BRINGING IN, NOW YOU WANT TO ZONE R TWO SO THEY CAN BUILD R TWO AND THEY DON'T, THEY DON'T HAVE TO REZONE, THEY DON'T HAVE TO.

BUT IF I WANT TO DO IT BECAUSE I CAME IN EARLY AND I'M IN PRE NOW I HAVE TO PAY FOR THE WHOLE.

DO WE HAVE AN ANSWER FOR THAT? YEAH, SO I, I I, LET ME SAY THIS, I'M LET HAVE, I DON'T, WE'VE HAD A COUPLE PEOPLE COME IN TO REZONE ON PRE, I'M NOT SURE WE HAVE A LARGE, YOU KNOW, WE CAN CERTAINLY LOOK AT SOMETHING IF THE COMMISSIONER'S RECOMMENDATION WOULD BE, FOR EXAMPLE, TO WAIVE THE FEE ON REZONES FROM PRE TO A PERMANENT ZONING DISTRICT, YOU COULD TACK THAT ONTO YOUR RECOMMENDATION THAT WE AMEND THE CODE TO DO THAT OR AMEND THE FEE SCHEDULE TO DO THAT.

SO THAT WOULD BE A WAY TO TO, TO DO THAT.

AND, AND THIS ONE IS PROBABLY APPLICABLE TO ALL THESE THIS EVENING.

UH, YOU KNOW, UM, I I, I THINK WHEN YOU GET INTO THE NEXT ONE, YOU'LL SHOW THE RED LINE AND THE NOTIFICATION REQUIREMENTS AND ALL THAT.

BUT WHAT'S THE MAILING REQUIREMENT? YOU KNOW, UM, THE, THE, THE, THE LADY SAID 10 DAYS, IS THAT 10 DAYS FOR YOU TO PUT IT IN THE MAIL? 10 DAYS TO PUT IT IN THE MAIL, NOT 10 DAYS FOR THEM TO RECEIVE IT? NO.

UH, AND AGAIN, YOU KNOW, I AGREE.

WELL, I CAN APPRECIATE THAT.

ON THE ONE HAND, I'M NOT SURE HOW WE REQUIRE THE POST OFFICE.

RIGHT? WELL, THAT'S, YEAH.

WHATEVER.

GET IT THERE WHENEVER IT GETS IT THERE.

AND AGAIN, THE IRONY AS USUAL IS FOLKS ARE HERE AND THAT'S STATE, THAT'S STATE LAW, NOT, NOT CITY LAW.

IT'S STATE LAW AND THEN IT'S REFERENCED IN THE CITY CODE.

THO, THOSE ARE THE QUESTIONS I WROTE DOWN COMMISSIONERS RELATED TO THE FENCE QUESTION.

, WHEN, WHEN YOU WERE READING WHATEVER YOU WERE READING, UH, YOU INCLUDED THE ONE ACRE OR GREATER AG USE AND THEN YOU SAID LIVESTOCK AND ANIMALS.

, HOW ABOUT IF I JUST WANT TO USE BARBED WIRE ON MY CORNFIELD? CAN I DO THAT? YEAH, IT, IT SAYS LIVESTOCK IN CHICKENS.

AND SO IT WOULD, I MEAN, A TIGHT READING OF IT WOULD, WOULD BE, NO.

UM, HOW ABOUT IF WE JUST SAY AGRICULTURAL USES? YEAH.

SO YOU COULD CERTAINLY, AGAIN, MAKE A RECOMMENDATION THAT WE ADD THIS REVISION ON NON-CONFORMING TO STIPULATE IT APPLIES TO ALL AG USES.

MAKE IT SO BACK ON THE FIVE ACRE PLATTING THING.

OKAY? I, I'M A FARMER AND MY HOUSE IS ON A FIVE ACRE LOT AND I FARM 200 ACRES BEHIND THAT ON A SEPARATE LOT, AND I WANT TO PUT A FAMILY MEMBER ON MY, ON MY LOT AND IT'S ONLY FIVE ACRES.

CAN I PUT ONE OR TWO FAMILY MEMBERS ON THAT FIVE ACRES? SO WHAT I WOULD SAY IS IF YOU HAVE A TRACT LAND THAT'S FIVE ACRES PER THE WAY IT'S WRITTEN, YOU COULD PUT ONE HOUSE ON IT.

YOU, YOU OWN AN ADJACENT 200 ACRES, RIGHT? THEN YOU COULD GO IN AND PUT THAT HOUSE ON THAT 200 ACRES.

AND IN FACT, YOU COULD PUT PER IT'S PROPOSED, YOU COULD PUT 40 HOUSES ON THAT 200 ACRES.

BUT THEN THE OTHER, WHAT WE RUN INTO IS, AGAIN, IF SOMEONE'S VIOLATED THE PLATING, THEN THAT BECOMES A PROBLEM.

SEE, I, I DON'T LIKE THAT PART.

IF, IF I, YOU KNOW, IF I HAVE, YEAH, AGAIN, I, I WOULD, MY, I CERTAINLY APPRECIATE THE SENTIMENT.

IT SEEMS I'VE GOT THIS AND I'VE GOT THAT.

I, I'M NOT SURE WE CAN SOLVE FOR EVERY HYPOTHETICAL, AND I WOULD BE AWARE OF UNINTENDED CONSEQUENCES, RIGHT? BECAUSE ESSENTIALLY IF, UNLESS YOU'RE OKAY WITH THAT, UNLESS YOU'RE OKAY WITH SAYING, LOOK, I'VE GOT EFFECTIVELY 205 ACRES AND SO WHAT I WANT TO DO IS PUT 30 HOUSES ON THE FIVE ACRES, THEN THAT WOULD BE, YOU COULD WRITE SOMETHING LIKE THAT.

THAT'S A LOT OF, THAT'S A LOT OF FAMILY AND WORKERS.

IT, IT, IT IS.

AND AGAIN, THE INTENT OF THIS, AND I'M GONNA GO BACK A LITTLE BIT, THE FIVE ACRES IS THAT THE ASSUMPTION IS WE'VE GOT THIS AGRICULTURAL OPERATION, WE EITHER HAVE SOMEONE WHO WORKS THERE OR A FAMILY THAT WOULD ASSIST WITH THAT.

THAT'S WHY WE SET IT AT FIVE ACRES.

RIGHT? IT'S, IT'S, IT'S, WHILE YOU MAY HAVE CHILDREN AND SAY, I WANNA SUBDIVIDE YOUR LOT TO PUT ANOTHER HOUSE ON YOU, YOU, YOU CAN'T DO THAT.

AT SOME POINT IT GETS TOO SMALL, I THINK, AND IT, IT BECOMES WHETHER IT SHOULD BE FIVE OR NOT.

[01:20:01]

AND SO THAT'S SOMETHING THAT AS THIS COMMISSION KNOWS WE HAVE HAPPENED, THAT'S PROBLEMATIC.

I DON'T, I HAVEN'T THOUGHT ABOUT THIS ENOUGH TO OFFER A SOLUTION, BUT I, I'M NOT HAPPY WITH THE FIVE ACRES.

I I THINK IT OUGHT TO BE SOMETHING SMALLER THAN THAT.

THAT'S TWO SEPARATE PROPERTIES.

, UH, ESPECIALLY IN THE, IN THE AGRICULTURAL OPERATION WHERE I GOT FAMILY MEMBERS.

BUT, AND, AND MY ONLY QUESTION TO YOU IS IF IT'S NOT FIVE ACRES, AT WHAT POINT DOES IT BECOME SO SMALL THAT IT'S NOT REALLY AN AGRICULTURAL OPERATION ANYMORE? IT'S A SERIES OF HOUSES ON TRACKS OF LAND? WELL, YOU, YOU'RE, I I'M INCLUDING A, A RESIDENTIAL PROPERTY OF FIVE ACRES AND THEN I'M FARMING 200 BEHIND IT.

IF I WANT TO PUT MORE THAN ONE HOUSE ON THE FIVE ACRES, I SHOULD BE ABLE TO, IF I WANT TO PUT TWO OR THREE OR FOUR ON THAT FIVE ACRES, I SHOULD BE ABLE TO AND MAINTAIN THE INTEGRITY OF THE 200 BEHIND ME TO, TO, TO DO WHATEVER I WANT WITH IT.

I CAN, MY QUESTION THEN I, SO, SO COMMISSIONER, YOU CAN RECOMMEND THAT YOU CAN RECOMMEND THIS TO ALLOW ON A TRACT LAND THAT YOU CAN BUILD YOU, YOU CAN REDUCE THAT SIZE AND YOU CAN SAY YOU TAKE THE OVERALL ACREAGE OF PROPERTY OWNED BY THAT INDIVIDUAL, AND THAT'S FACTORED INTO IT.

I, I WOULD CAUTION YOU ON THAT IN, IN TERMS OF WHAT THAT WOULD LEAD TO.

BUT BECAUSE AGAIN, MY QUESTION THEN WOULD BE AS, SO WHAT WOULD THAT SIZE BE? WHAT WOULD THE MINIMUM SIZE BE TO CON WHAT WOULD THE MINIMUM SIZE BE OF WHAT THE, THE TOTAL FOR A RESIDENTIAL STRUCTURE TO BE BILLED? WELL, WHAT'S, WHAT'S, LEMME JUMP IN HERE, RICHARD.

WHAT'S THE MINIMUM IF I WANT TO COME IN AND SUBDIVIDE A PIECE OF PROPERTY? WHAT'S, RIGHT NOW WHAT, WHAT'S THE MINIMUM REQUIREMENT? IT, IT DEPENDS ON WHAT THE ZONING IS.

SO IF YOU WERE ZONED R TWO, YOU COULD COME IN AND SUBDIVIDE 8,400 SQUARE FOOT MINIMUM LOTS AND PUT A STRUCTURE ON EACH OF THOSE.

SO THERE, YOU, YOU WOULDN'T SAY I, FOR SOME REASON I WAS THINKING THERE WAS A, WE, WE HAD SOME KIND OF A MINIMUM ACREAGE TO SUBDIVIDE THAT'S, THAT'S NOT TRUE FI FIVE ACRES, WHICH IS WHY WE CAME UP WITH THE FIVE ACRES.

SO, SO YOU COULD, YOU COULD SET THAT AT WHATEVER AMOUNT YOU WOULD WANT IT TO BE.

WELL, AND, AND AGAIN, YOU KNOW, THE WHOLE CONCEPT HERE IS TO, IS TO PRESERVE THE RIGHT TO FOR AGRICULTURAL OPERATION.

AND SO IF YOUR INTENT IS TO CUT YOUR, CUT YOUR LOT IN HALF AND GIVE HALF OF IT TO YOUR SON, I, I, I'M NOT SURE THAT'S WITHIN THE SCOPE OF WHAT THIS IS MEANT TO, MEANT TO DO THAT IS NOT WHAT THIS WAS NECESSARILY MEANT TO DO.

DIDN'T KNOW.

WHAT I THOUGHT WAS, UM, BECAUSE I'LL GIVE YOU A, A, UM, UH, MY DAUGHTER AND SON-IN-LAW, UH, LIVE OUT IN RURAL MISSISSIPPI.

AND AGAIN, IT'S, IT'S UH, IT, IT'S, IT'S AN INCORPORATED AREA.

SO MAYBE THE RULES DON'T APPLY, BUT THE PROPERTY ITSELF, AND I DON'T KNOW HOW MANY ACRES IT IS, IT IS PROBABLY SOMEWHERE 15 TO 20 ACRES IS ACTUALLY OWNED BY MY SON-IN-LAW'S BROTHER WHO HAS A, WHO HAS A RESIDENCE AND NEXT DOOR TO HIM, HIS MOTHER HAS A RESIDENCE.

AND THEN, OH, I DON'T KNOW, ABOUT 300 FEET AWAY IS MY DAUGHTER AND MY SON-IN-LAW.

SO THERE ARE THREE RESIDENCES ON THAT ONE PIECE OF PROPERTY.

NOW MY SON-IN-LAW KNOWS UPFRONT THAT HE MAY OWN THE STRUCTURE HE IS LIVING IN, BUT HE DOESN'T OWN THE PROPERTY THAT IT'S SITTING ON.

AND SO I KEEP COMING BACK TO THIS, THAT IF, IF I OWN A FARM AND I'VE GOT A HOUSE AND I WANT TO BUILD A HOUSE FOR MY SON, MM-HMM, , OKAY.

AS LONG AS I'M NOT TRANSFERRING OWNERSHIP OF THE PROPERTY SINCE PLANTING, YOU KNOW, IT SAYS RIGHT HERE PLATING IS NOT REQUIRED.

SO I KEEP COMING BACK TO THAT.

ITSELF IS ONE LOT AND THEN THE FARM AROUND IT IS ANOTHER LOT.

YOU KNOW, SO, SO I MEAN OKAY.

BECAUSE IF, IF, IF YOU LOOK AT A LOT OF THE APPRAISAL DISTRICT, IF YOU LOOK AT THEIR MAPS OUT THERE, IT'S TYPICAL THAT THE RESIDENCE

[01:25:01]

I SEE THAT A LOT OUT THERE.

UH, COUN COUNCIL MEMBER, UH, EX COUNCILMAN DALLAS'S PROPERTY WAS LIKE THAT, BUT, BUT THAT'S, THERE'S A LOT OF IT OUT THERE LIKE THAT.

UM, YEAH, I'M NOT SURE WHERE I WAS GOING WITH THAT.

SO, SO AGAIN, IF I MAY, BUT HERE'S WHERE I'M ENDING UP, BRIAN, IS WE KEEP TALKING ABOUT CHANGING THIS AND CHANGING, WELL, I'VE LOST TRACK OF HOW MANY CHANGES WE WANNA MAKE OF THIS BEFORE WE SEND IT TO CITY COUNCIL.

THESE NEW HOUSES, UH, THAT AREN'T GOING THROUGH YOUR NORMAL REVIEW AND NORMAL, UM, PLATTING PROCESS TO ACCOMMODATE YOUR GROWTH.

I LEMME SAY THIS COMMISSIONER, AND AGAIN, THIS IS, THIS IS MAYBE THE IRONY OF THESE THINGS.

IN LIGHT OF SOME OF THE CONCERNS WE ROUTINELY STAFF AND CRITICISM STAFF FACES FROM THE, THIS COMMISSION OVER DEVELOPMENT THAT OCCURS THAT YOU DON'T LIKE, YOU'RE WELCOME TO REDUCE THE SIZE AS LOW AS YOU WANT, BUT IF YOU EVER COME BACK AND SAY, BRIAN, HOW DID THIS HAPPEN? MY ANSWER IS GOING TO BE BECAUSE YOU TOOK THIS PROVISION THAT WAS INTENDED IN GOOD FAITH BY STAFF FOR SOMEBODY WHO SAID, LOOK, I'VE, I'VE FARMED AND I'VE RANCHED THIS LAND AND I'VE GOT 200 ACRES AND I'VE GOT MY ONE HOUSE ON IT AND I WANT TO BUILD A HOUSE FOR MY KID ON THAT 200 ACRES TO HELP ME ON THE PROPERTY, WHATEVER GOING FORWARD, THAT SEEMED REASONABLE TO US.

BUT IF YOU'VE GOT AN ACRE AND WHAT WE WANT IS BECAUSE YOU HAVE FIVE KIDS, YOU WANT TO ADD AN ADDITIONAL FIVE HOUSES ON THAT ACRE, THAT WAS NOT WHAT THE INTENT OF THIS WAS INTENDED TO BE.

AND SO WE CAN CERTAINLY ARGUE AT WHAT POINT HAVE YOU CUT THOSE DOWN SO SMALL THAT IT'S NOT REALLY AN AGRICULTURAL PURPOSE ANYMORE AND WE'RE JUST GRANTING A RIGHT THAT NO ONE ELSE HAS.

THAT WAS THE LOGIC.

AND AGAIN, I WANNA SAY THIS, THIS WAS INTENDED WHERE YOU DID NOT HAVE TO COME IN AND SUBDIVIDE.

IF AGAIN, YOU'VE GOT THAT SCENARIO WHERE YOU HAVE NINE ACRES, YOUR ZONED OUR TWO, YOU CAN PUT A SECOND HOUSE ON THAT PROPERTY, BUT YOU HAVE TO COME IN AND PLANT IT.

IT, IT, AGAIN, I THINK STAFF'S CONCERN IS, AND AND YOU KNOW THIS BECAUSE YOU'LL SEE CASES COME FORWARD AND STAFF SAYS IT'S NOT PROHIBITED UNDER THE REGULATION.

AND SO WHAT THE INTENT OF THIS WAS, WAS THE CONCERN WE'VE GOT.

BUT IF YOU WANT START GETTING IT MUCH SMALLER THAN THAT, RIGHT? BECAUSE AGAIN, GO BACK.

IF YOU WANNA ALLOW IT, YOU COULD ALLOW IT HERE LESS THAN A HALF ACRE.

AGAIN, I'M NOT SURE HOW YOU DON'T CONNECT TO SEWER ON THAT.

RIGHT? SO I MEAN, AT SOME POINT THERE'S A, A SIZE, BUT IF THE INTENT OF THIS IS FOR AN AGRICULTURAL OPERATION THAT I WANT TO ADD AN ADDITIONAL HOUSE FOR A FAMILY MEMBER OR SOMEBODY WHO WORKS THERE, TO ME AT SOME POINT, IT'S SO SMALL THAT IT DEFEATS THE PURPOSE OF WHAT THE INTENT WAS.

AND YOU HAVE TO FOLLOW THE NORMAL PROCESS.

AND I THINK THAT'S WHERE STAFF HAS A REAL CONCERN IS THAT AS WE GO DOWN THIS PATH, WE, WE SEE A LOT OF DIFFERENT WAYS THAT PEOPLE CAN COME IN AND DO THINGS IN TERMS OF CLUSTERING ON, YOU KNOW, 205 ACRES AND I'VE GOT 40 HOUSES ON THAT FIVE ACRE PIECE BECAUSE OF THE, I'VE HAPPENED TO HAVE THIS OTHER, THAT'S NOT BEING USED FOR ANYTHING.

THAT WASN'T WHAT THE INTENT OF THIS WAS TO BE.

NOW IF COMMISSION WANTS TO ALLOW THAT, YOU CAN, BUT THAT WASN'T THE INTENT.

IF I COULD REAL QUICK JUST STEP IN.

UM, SO DEALING WITH THAT, THIS SPECIFIC THING PROFESSIONALLY, UM, I I COMPLETELY AGREE THAT FIVE ACRES SHOULD BE YOUR MINIMUM.

UM, AND THE FACT THAT NOT ONLY ARE YOU GONNA CREATE POTENTIAL ISSUES JUST IN HAVING THESE, UM, JUST GET SMALLER AND SMALLER AND SMALLER, BUT THE POTENTIAL ACCESS ISSUES AND UTILITY CONNECTION ISSUES THAT IS GONNA CREATE OVER TIME, YOU'RE GONNA HAVE SO MANY, I MEAN BY, BY SPLITTING FIVE ACRES INTO JUST AN UNLIMITED NUMBER OF LOTS, UM, YOU KNOW, THOSE LOTS MIGHT NOT BE HELD.

IT MIGHT BE HELD BY SUN NUMBER ONE FOR THREE YEARS.

HE SELLS TO SOMEONE.

WELL IF HE HAS TO CUT THROUGH SUN NUMBER TWO'S LAND AND THEY'RE NOT COOL WITH THAT.

I MEAN, YOU'RE, YOU'RE, YOU'RE REALLY SETTING UP YOURSELF FOR, UM, JUST A LOT OF INFRASTRUCTURE ISSUES BY AVOIDING HAVING TO GO THROUGH THE NORMAL SUBDIVISION PROCESS TO CREATE A LOT THAT IS ENTITLED TO DEVELOPMENT AND IS ENTITLED TO ALL THESE THINGS THAT, UM, YOU KNOW, I UNDERSTAND WHY YOU WOULD SET THE FIVE ACRES AND I AGREE THAT YOU, YOU WOULD HAVE THAT OPPORTUNITY, BUT IT, IT JUST SEEMS LIKE GOING ANY SMALLER, UM, WOULD BE OPENING YOURSELF UP TO THESE POTENTIAL ISSUES IMMEDIATELY, UM, THAT ARE GONNA COME WITH, WITH HAVING TO SUPPORT ALL

[01:30:01]

SO.

ANYBODY ELSE? WELL, I'M, I'M AT A LITTLE DISADVANTAGE HERE.

WHAT, WHAT IS YOUR PROFESSIONAL EXPERIENCE? WE HAVEN'T MET YET, SO, OH YEAH.

SO, UH, WHAT WAS YOUR PROFESSIONAL EXPERIENCE? I, UH, I OVERSEE PLATTING FOR THE CITY OF SAN ANTONIO AND WE HAVE A NUMBER OF EXEMPTIONS THAT ALLOW PEOPLE TO, YOU KNOW, IF YOU HAVE A CERTAIN NUMBER OF ACRES YOU CAN GET, YOU DON'T HAVE TO PLAT.

UM, SO A A BIG ONE FOR US IS IF YOU HAVE 10 ACRES OUTSIDE CITY LIMITS IN THE ETJ, YOU CAN GET UP TO THREE UTILITY METERS.

UM, IF, BUT IT'S UNDER COMMON OWNERSHIP.

SO ONE PERSON HAS COMMON OWNERSHIP OF OVER 10 ACRES, 10 OR MORE ACRES, YOU CAN GET THOSE THREE ADDITIONAL UTILITY METERS.

UM, YOU KNOW, AND I, I JUST, I SEE A LOT OF ISSUES THAT YOU'RE GONNA BE CREATING IF YOU PUT THIS ANY LOWER THAN FIVE ACRES JUST WITH ACCESS, WITH, UH, UTILITY PLANNING, UM, WITH, WITH JUST PLANNING INFRASTRUCTURE IN GENERAL IS I THINK FIVE IS A DECENT NUMBER.

I UNDERSTAND WHY WE'RE DOING IT AND I UNDERSTAND NOT HAVING TO PLOT FOR, UM, WANTING TO HAVE AN ADDITIONAL DWELLING UNIT FOR YOUR FAMILY MEMBER OR EMPLOYEES IN THIS, I MEAN, THE FACT THAT YOU'RE, YOU'RE ENABLING EMPLOYEES TO IS THAT TRANSFERRING THE OWNERSHIP TO IT'S NOT TRANSFERRING THE OWNERSHIP.

AGAIN, IT STAYS UNDER ONE OWNERSHIP.

BUT AS YOU MAY KNOW, AS THE COMMISSION MAY KNOW WHAT WE HAVE HAPPENED ON OCCASION MM-HMM.

IT DESPITE WHAT STATE LAW CLEARLY LAYS OUT FOR WHEN A PLAT IS REQUIRED, WE HAVE PEOPLE SHOW UP WHO HAVE NOT TRANSFERRED OWNERSHIP IN ACCORDANCE WITH THAT AND, AND COME IN AND WANT TO DO SOMETHING.

AND THE PROBLEM IS YOU DIDN'T FOLLOW THE RULE FOR PLATTING.

AND SO, YEAH.

PART OF OUR CONCERN ON THIS IS TO AVOID HAVING SOMEBODY SAYING, WELL, I FOLLOWED THIS REGULATION, BUT I DIDN'T KNOW THERE WAS THIS OTHER REGULATION.

AND THAT'S REASONABLE, BUT IT STILL LEAVES THE PROBLEM.

IT LEAVES AND, AND THOSE PROBLEMS CAN BE SIGNIFICANT.

AND, AND AGAIN, LET ME, LET ME SORT OF OFFER THIS, I THINK WHAT WE INTENDED TO DO WITH THIS, AND WE WANNA BE CAUTIOUS, IS FOR THIS CONTINUITY OF AGRICULTURAL USES, RIGHT.

BUT AS WE'VE SEEN, HOW MANY PROPERTY OWNERS HAVE, WE HAD COME IN WHO AT ONE POINT SAID THIS IS ALWAYS GONNA BE AG AND THEN YOU LOOK PERPLEXED WHEN IT'S IN FOR A DEVELOPMENT APPLICATION.

I HAVE A QUICK QUESTION.

DOES THE FIVE ACRES IN, I'VE GOT MY HOUSE AND I'VE GOT NINE ACRES THAT I'M RAISING CHICKENS ON, CAN I PUT A SECOND HOUSE ON THAT? NOPE.

YOU GOTTA HAVE 10 ACRES TO GET A SECOND HOUSE.

OR GO THROUGH PLATTING.

OR GO THROUGH PLATTING.

THERE'S A WAY TO DO IT JUST NOT WITHOUT THE PLATTING.

AND I THINK THAT'S THE BIGGEST THING I'VE HEARD AMONG A LOT OF THE COMMISSIONERS IS JUST THE CONFUSION OF THERE IS A WAY TO DO IT, IT'S JUST GOING THROUGH THE PROCESS.

THAT'S RIGHT.

AS COMMISSIONER HECTOR, UH, HOW YOU DOING THIS EVENING? UH, I WANNA GO REAL BRIEFLY REGARDING THE, UH, THE PURPOSE OF THE MAILING.

A NOTIFICATION, RIGHT.

TO, TO LET RESIDENTS KNOW THAT THIS IS COMING UP FOR DISCUSSION.

SO SIMPLY, YOU KNOW, WHAT IS THE PURPOSE, UH, WITH THE EMPHASIS ON PURPOSE AND SENDING THE MAILINGS TO THE RESIDENCE? YEAH.

IT'S TO INFORM, UH, IT'S TO INFORM THE PROPERTY OWNER THAT THERE IS A ZONING EVENT OCCURRING IN THEIR VICINITY, WHICH IS ALSO THE SAME PURPOSE WE HAVE FOR THE SIGNS.

MAY NOT OKAY.

MY UNDERSTANDING, EXCUSE ME, IS THAT THERE IS NO, FOR AN AMENDMENT TO THE UDC, THERE IS NO PUBLIC NOTIFICATION REQUIREMENT.

CORRECT? THERE WOULD NOT BE FOR THIS ONE.

THE PUBLIC HEARING NOTICE IS PUBLISHED, BUT WE DON'T SEND NOTICES OUT.

THAT'S ONLY ON ZONING AND SPECIAL USE PERMITS.

WE WOULD NOT ON THIS ONE.

SOME WE WOULD, THIS ONE WE WOULD NOT.

UH, SIR, YOU CAN SIT OUT THERE AND QUOTE THINGS TO ME ALL NIGHT LONG.

ALL I KNOW IS NO, I'M NOT GONNA HAVE THIS DISCUSSION.

YOU FOLKS HAD YOUR CHANCE TO SAY YOUR COMMENTS.

THE, THE CITY DOES WHAT THE CITY DOES.

IF THEY'RE NOT FOLLOWING THE RULES, THEN FILE A COMPLAINT WITH SOMEBODY.

OKAY? MM-HMM, .

SO, AND AS I SAID BEFORE, THIS IS NOT A TWO-WAY CONVERSATION.

[01:35:01]

IT'S NOW OUR TURN.

SO IF I MAY, COMMISSIONER AGAIN TO SORT OF SUMMARIZE THE INTENT, I CAN'T, I'M SORRY, BRIAN, I CAN'T BELIEVE WE'VE SPENT AN HOUR TALKING ABOUT A LOUSY UDC AMENDMENT.

THAT TELLS ME I'M GONNA SPEND WHAT, HALF THE NIGHT WHEN WE GET TO TALKING ABOUT THE REZONING REQUEST.

WE MAY VERY WELL YES, SIR.

YOU KNOW, THIS WHOLE THING WAS INTENDED TO MAKE THINGS EASIER FOR YOU PEOPLE TO ANSWER YOUR CONCERNS ABOUT WHETHER OR NOT YOU'D BE ABLE TO CONTINUE TO CONTINUE FARMING YOUR PROPERTY.

AND YET ALL WE'VE DONE IS GET DOWN IN THE WEEDS AND GET WRAPPED AROUND THE AXLE ON TECHNICALITIES.

THINK I SAW HIM HERE SOMEWHERE, MAY STILL BE, BUT NOT EVERYBODY BURNS THEM THE WAY THEY SHOULD, RIGHT? YOU, YOU GOT FREE, RIGHT? AND THAT'S, YOU KNOW, SO WE'VE GOT FOLKS DO THE RIGHT THING, DO IT THE WAY IT'S SUPPOSED TO, AND YOU GOT PEOPLE WHO DON'T.

SO IF I MAY CHAIRPERSON AGAIN, THIS APPLIES WHEN YOU HAVE AN AGRICULTURAL USE.

IT'S NOT CONTINGENT UPON ZONING.

SO, SO APPRECIATION, MR. SHOT, WE TALKED BEFORE, YOU'RE ZONED R TWO, IF YOU'RE ZONED RA AND YOU'RE AG YOU'RE IN AG USE, THIS WOULD APPLY TO YOU.

AND SO THE INTENT WAS TO BENEFIT.

AND SO IT DOESN'T JAM YOU UP ON THAT AND I CAN CATCH YOU AFTER, 'CAUSE WE CAN'T DO QUESTIONS, BUT I'M, I'M TRYING TO HIT THE QUESTIONS, UH, WITH THAT.

AND SO AGAIN, THIS WOULD ALSO APPLY TO SOMEONE WHO'S NOT BEING ANNEXED NOW, BUT IS IN THE CITY WITH AN AG OPERATION AS WELL.

SO IT GOES BEYOND THE FOLKS TO BE ANNEXED ANYBODY WITH AN AG OPERATION BECAUSE THAT SEEMS FAIR AND APPROPRIATE.

I THINK WAS A GOOD POINT.

THE, THE IDEA CERTAINLY WAS TO, BECAUSE OF SOME OF THE CONCERNS WE HEARD, ONE OF THE BIG ONES WAS BUILDING THAT ADDITIONAL STRUCTURE.

I'LL BE VERY BLUNT, I THINK WE'VE BEEN VERY GENEROUS EVEN AT THE FIVE ACRE MINIMUM BECAUSE THE INTENT WAS THIS IS AN AGRICULTURAL OPERATION AND THE INTENT WAS THAT THESE PEOPLE, A FAMILY MEMBERS OR WORKERS TO ASSIST.

AND AGAIN, AS I SAID, AT SOME POINT WHEN YOU START SHRINKING THAT DOWN TOO MUCH, IT'S NOT REALLY AN AG OPERATION, IT'S, IT'S SOMETHING OTHER THAN THAT.

AND THERE IS A PATH FORWARD FOR THOSE FOLKS THAT PATH FORWARD SIMPLY ENTAILS FOLLOWING THE RULES THAT EVERYONE ELSE HAS TO, WHICH INVOLVES PLATTING AND CONSTRUCTION OF INFRASTRUCTURE TO ENSURE, ENSURE WE DON'T HAVE A PROBLEM.

SO STAFF IS RECOMMENDING THOUGH, AND AGAIN, I APPRECIATE DR.

PENN, SEAN'S POINT, WE CAN GO IN AND MAKE A MODIFICATION.

WE'LL CERTAINLY APPRECIATE FOLKS SEND AN EMAIL OR I'LL CHAT WITH THEM AFTER AS TO SPLIT THAT UP TO MAKE MORE CLEAR WHAT TYPES OF THINGS REALLY REQUIRE A PERMIT AND WHAT DON'T BECAUSE FAIR ENOUGH THAT A WEEN TWO FOR A COW'S GIVEN BIRTH DON'T CARE ABOUT.

BUT THE FLIP SIDE IS, I HOPE EVERYBODY AGREE A 2000 SQUARE FOOT BARN OR SHED PEOPLE ARE GONNA BE IN, WE NEED A PERMIT FOR THAT.

I APPRECIATE COMMISSIONER BROS AND MR. RAILWAY'S COMMENT ABOUT THE, THE, UM, BARBED WIRE AND WILL AGREE THAT'S INTENDED TO PLAY WITH AG OPERATIONS.

MY INITIAL WOULD BE, AS LONG AS THAT IS HELD TO BEHIND THE PROPERTY LINE DOESN'T CREATE A SITE DISTANCE ISSUE, I WOULDN'T THINK WE NEED A PERMIT ON A BARBED WIRE FENCE BECAUSE OF HOW THEY'RE CONSTRUCTED.

YOU DON'T RUN INTO THOSE SAME ISSUES.

SO AGAIN, GOOD POINT.

WE CAN, WE CAN ADD THAT MODIFICATION IN THERE AS WELL.

THE OTHER, AND I APPRECIATE THE THING WITH CODE ENFORCEMENT IN THE COMMENT, SO WE DON'T GO OUT ON A NON-CONFORMING STRUCTURE BECAUSE THERE'S VIRTUALLY, UNLESS YOUR HOUSE WAS BUILT WITHIN THE LAST FOUR YEARS, IT DOESN'T COMPLY WITH THE CURRENT RESIDENTIAL BUILDING CODE, RIGHT? THAT'S NOT WHAT WE'RE WORRIED ABOUT.

BUT I DO WANNA BE REAL CLEAR, IF YOU'VE GOT A SUBSTANDARD STRUCTURE PER THE DEFINITION, THAT MAY BE A PROBLEM AND WE MAY HAVE TO GO OUT AND AND DEAL WITH IT, RIGHT? THAT'S THE KIND OF THING.

IT'S TRYING TO KEEP PEOPLE, PEOPLE SAFE AND THERE IS A PROCESS WE HAVE TO GO THROUGH THAT FOR THOSE FOLKS TO HAVE THEIR DAY IN COURT TO STAND UP AND SAY THEY DON'T THINK IT MEETS THE, THE DEFINITION OF THAT GOING FORWARD.

UM, AND SO AGAIN, THE INTENT OF THIS WAS TO PROVIDE GREATER ASSURANCES AND I APPRECIATE MR. RAILWAY AND, AND, AND MR. PINCHER AND MR. CHU'S POINT AND SOME OF THE OTHER FOLKS THAT WE DON'T WANT YOU TO RUN A FOUL OF SOMETHING THAT WAS INTENDED FOR A SUBURBANIZED AREA.

WHILE YOU'RE STILL SORT OF IN A BIT OF A RURAL SETTING, I HOPE YOU CAN APPRECIATE THE BALANCE WE ARE TRYING TO FIND THOUGH, AS MOST OF YOU RAPIDLY SEE GOING ON AROUND YOU, MUCH OF THAT AREA THAT'S BEEN RURAL IS SWIFTLY BECOMING SUBURBAN DEVELOPED.

AND, AND WE HAVE TO, WE, WE CAN ONLY GO SO FAR FOR THINGS LIKE THAT.

BUT YEAH, THE INTENT OF THIS, AND I CAN APPRECIATE AND I APOLOGIZE FOR THE WOMAN, I DON'T RECALL YOUR NAME OTHERWISE MENTION IT THAT YEAH, YOU'RE GONNA PUT DOWN MANURE, RIGHT? AND SO WHEN PEOPLE CALL UP WHO LIVE IN HOUSES NEXT TO YOU GOING, I GOT THIS SMELL, IT'S AN AG OPERATION AND NO OFFENSE TO THE PEOPLE IN PARKLANDS, WHAT DID YOU THINK WHEN YOU MOVED IN WAS GONNA HAPPEN? THEY WERE GOING TO SPRAY, UH, SPRAY PESTICIDES.

THEY ARE GOING TO BURN, BUT, AND I

[01:40:01]

SO WE HAVE TO FIND THAT BALANCE.

BUT THE INTENT OF THIS IS ALLOW YOU TO CONTEND THOSE, THOSE OPERATIONS.

AND FRANKLY PART OF THIS IS SO THAT WHEN SOMETHING HAPPENS NEXT TO YOU AND THEY CALL AND COMPLAIN, WE HAVE THE ABILITY TO SAY THEY CAN KEEP DOING THAT STUFF AND THERE'S A R AND IT'S PASSED AND IT'S FOR THAT TO OCCUR.

BUT, BUT IT'S A BALANCE WITH THAT GOING FORWARD.

AND I MEAN THAT SINCERELY.

AND AGAIN, IT'S, IT'S STRUGGLE ON BOTH SIDES.

SO THAT'S THE INTENT.

WE'RE HAPPY TO MAKE THOSE AMENDMENTS.

IF YOU WANT TO CONTINUE THE PUBLIC HEARING AND BRING IT BACK NEXT WEEK, WE'LL CERTAINLY TAKE COMMENTS FROM FOLKS.

WE'LL WORK AS SWIFTLY AS WE CAN ON THAT DRAFT, GET IT PUBLISHED ON THE WEBSITE SO FOLKS HAVE A LITTLE MORE TIME TO LOOK AT IT, TAKE CALLS, HAPPY TO SIT DOWN AND MEET WITH YOU AND KIND OF GO OVER THAT BECAUSE AGAIN, OTHER THAN EMILY, I DON'T KNOW THAT ANYBODY ON PLANNING STAFF, THEIR FAMILY IS IN THE AGRICULTURAL OPERATIONS.

SO A LOT OF QUESTIONS WENT TO HER, A LOT QUESTIONS WENT TO SOME OF THE OTHER FOLKS ON STAFF WHO WERE FAMILIAR WITH THAT.

SO HAPPY TO HAVE THOSE CONVERSATIONS WITH YOU.

AND SO IF THE COMMISSION WOULD LIKE TO CONTINUE IT, WHAT WE WOULD LIKE TO DO THOUGH, WHEN WE CAN DO THAT WITH A CONTINUATION IS WE'D LIKE TO HAVE THIS CATCH UP TO COUNCIL AT THAT ANNEXATION AND ZONING BECAUSE TRULY THE INTENT WITH STAFF WAS BEFORE THAT ANNEXATION ACTION OCCURRED, YOU KNEW IF THIS REGULATION HAD BEEN PASSED OR NOT.

AGAIN, AS I SAID, NOT THAT IT'S GONNA MAKE YOU CHANGE YOUR MIND ON WHAT YOU, WHETHER YOU WANNA BE ANNEXED OR NOT, BUT AT LEAST YOU KNOW, COUNSEL HAD PASSED THAT OR THEY HADN'T BEFORE THAT ACTION OCCURS.

THAT WAS THE INTENT OF MOVING THIS FORWARD QUICKLY.

AND SO HAPPY TO, TO CONTINUE.

WE CAN MAKE THOSE MODIFICATIONS.

HAPPY TO GO OUT AND CHAT WITH SOME OF THE FOLKS AFTER THE MEETING TONIGHT, UM, TO, TO TAKE BETTER NOTES.

UH, BUT WE, WE'D LIKE TO DO IS CATCH IT UP AT COUNCIL AND WE CAN DO THAT WITH A CONTINUATION.

MR. CHAIR, I MAY, I'D LIKE TO MAKE A MOTION TO APPROVE THE AMENDMENT AS REQUESTED AND THEN LET STAFF MAKE THOSE, UH, RECOMMENDED OR MAKING THOSE CHANGES PRIOR TO GOING TO COUNSEL TO STAY ON THEIR TIMELINE.

SECOND.

SECOND WAS MR. CARBON? YES, SIR.

NOW JUST TO CLARIFY FOR ME, MR. WALLACE, WHAT, UM, CAN YOU BE A LITTLE MORE SPECIFIC ABOUT? YEAH, SO I MEAN THEY, THEY TALKED ABOUT ADDING THOSE CHANGES IN BETWEEN NOW AND COUNCIL, UM, RE REDOING, UH, UH, BB TWO I THINK IS, YEAH, SO SPECIFICALLY THE PERMITTING.

UM, I DO SEE THE, UH, UM, YEAH, I THINK CLARIFYING THAT WHAT, WHERE TO REQUIRE A PERMIT AND WHAT WOULD NOT WOULD BENEFIT THIS, BUT THERE'S NOTHING ELSE IN THIS AMENDMENT THAT THE BARBED WIRE FENCE FOR CORRECT.

AND, AND THE BARBED WIRE FENCE.

AND THE ITEMS THAT WE TALKED, BUT THERE'S NOTHING ELSE IN THIS AMENDMENT THAT SCREAMS THAT WE NEED TO WAIT ANOTHER WEEK WHEN WHAT YOU'RE WANTING TO DO IS KEEP THIS WITH THE PROPOSED ANNEXATION.

SO I, I MOVE TO, UH, YEAH.

THANK YOU SIR.

SO I HAVE A MOTION IN A SECOND.

DO WE HAVE ANY FURTHER DISCUSSION? ANY, ANY QUESTIONS ON THE MOTION? IF NOT, PLEASE RECORD YOUR VOTE.

WE, WE WILL NEED TO ADD THE NOTE ABOUT FENCING.

BRIAN MENTIONED THAT.

AND THE FENCING AS WELL.

ITEM FIVE B-P-L-Z-C 20 24 0 0 9 1.

WELL, BUT THE MOTION DIDN'T, SO LET'S DO THE FENCING.

SO I THINK WE ALREADY HAD A MOTION A SECOND THAT COVERED THAT.

SO I BELIEVE HIS MOTION COVERED THAT YOU'RE ASKING CORRECT.

IT WAS THE PERMITTING AND THE FENCING AS WE HAD DISCUSSED OR AS BRIAN HAD DISCUSSED.

ARE WE GOOD? EVERYBODY READY TO VOTE PLEASE.

ALRIGHT, I HAVE, UH, SEVEN VOTES RECORDED.

YOU PLEASE PUBLISH THAT VOTE.

WE HAVE FIVE IN FAVOR TO OPPOSE A MOTION PASSES.

ALL RIGHT, MOVING RIGHT ALONG.

ITEM FIVE B .

ALRIGHT PLEASE.

HOLD THE PUBLIC HEARING TO MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY 498.2 ACRES OF LAND, A SINGLE FAMILY RESIDENTIAL R TWO KNOWN AS KAMAL COUNTY PROPERTY IDENTIFICATION NUMBERS 7 9 0 0 4 7 9 0 0 6 7 8 9 7 6, 7, 8, 9, 6 0 7, 8, 9, 5 7.

[01:45:12]

AND GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER'S 6 8 3 7 4, 6 1, 6, 1, 5, 6, 8, 3, 8, 4, 6, 8, 3, 8, 5, 6, 8, 3, 8, 3, 6, 1, 5, 1, 1, 6, 1, 6, 0, 9, 6, 8, 3, 8, 1, 6, 8, 3, 7, 8, 6, 8 3, 8 2 6, 8 3 8 0 6 8, 3 7, 7, 6, 1, 6 1 4 6 3 9 9 2.

AND TO REZONE APPROXIMATELY 132.6 ACRES OF LAND TO GENERAL BUSINESS DISTRICT KNOWN AS KAMAL COUNTY PROPERTY IDENTIFICATION NUMBERS 7 9 0 1 8 7 5 4 4 9 7 8 9 2 3 3, 7, 4 1, 4, 8, 3, 7, 4, 1, 4, 6 3, 7, 4, 1, 4, 5, 3, 7, 4 1 4, 4 3, 7 4 1 4, 7 7 8 2 1 8 7 9 0 0 9 AND A PORTION OF 7 9 0 1 2.

AND TO REZONE APPROXIMATELY 262.9 ACRES OF LAND TO MANUFACTURING DISTRICT LIGHT M1 KNOWN AS KAMAU COUNTY PROPERTY IDENTIFICATION NUMBERS 7 9 0 0 1 7 8 9 4 5 7 8 9 4 6 7 5 4, 8 0 7 8 2 4 7 7 9 0 1 7, 7 5, 4, 6, 8, 7 5, 4 6 2 7 5 4 6 3 AND A PORTION OF 7 9 0 1 2 KAMAL IN GUADALUPE COUNTY, TEXAS.

WELL READ.

SO, SO AGAIN, UM, WHAT IS HAPPENING HERE, AND AGAIN IT'S A LITTLE BIT ODD BECAUSE IT'S PART OF A LARGER PROCESS, IS WE'RE SEEKING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION ON HOW TO ZONE THESE PROPERTIES.

THESE PROPERTIES ARE NOT YET IN THE CITY, THEY'RE GOING FORWARD TO COUNSEL FOR ANNEXATION.

COUNSEL WILL MAKE DETERMINATION WHETHER OR NOT TO APPROVE THE ANNEXATION, SHOULD THEY APPROVE THE ANNEXATION.

AND I APPRECIATE THE COMMENT BEFORE AND THE LAMENT ABOUT THE PRE AND THE PROBLEMS IS STATE LAW STIPULATES THAT PROPERTIES ARE TO BE ZONED IN CONFORMANCE AND, AND ZONING REGULATIONS ARE TO BE DONE IN CONFORMANCE WITH THE CITY'S COMPREHENSIVE PLAN.

AND THAT'S WHY PRE NOT GENERALLY BEING SHOWN ON OUR COMPREHENSIVE LAND TO BE A USE WOULD NOT BE APPROPRIATE.

AGAIN, IN DOUBLE CHECKING THE, THE AGREEMENT THAT I LOOKED AT, UM, I BELIEVE THERE'S A PROVISION THAT THE, THE CITY CAN ZONE DECREE OR AS APPROPRIATE BASED ON LAND USE PLAN, PERMANENT ZONING.

AND THAT'S WHAT WE'RE DOING HERE GOING FORWARD.

SO AGAIN, IRONICALLY WE'RE TRYING TO AVOID THE PROBLEM.

THE GENTLEMAN SPOKE ABOUT A BEAM PRE AND GIVE THIS PERMANENT ZONING.

ONE OF THE ADDITIONAL BENEFITS OF THAT, AND WE HEAR THIS A LOT AGAIN FOR FOLKS, IS WHEN I BOUGHT THIS PROPERTY OR STARTED DOING SOMETHING, I DIDN'T KNOW WHAT COULD HAPPEN ON THE PROPERTY NEXT TO ME GOING FORWARD.

AND SO BY ZONING CONSISTENT WITH THE COMPREHENSIVE LAND, ONE OF THE BENEFITS OF THAT IS IT GIVES PEOPLE NOTICE THAT THIS IS WHAT THE CURRENT ZONING IS AND BASED ON THAT ZONING, THIS IS WHAT CAN BE DONE WITH THE PROPERTY.

NOW TO BE CLEAR, PEOPLE CAN ALWAYS REQUEST A REZONE.

THE CITY POTENTIALLY COULD COME IN AND DO A CITY INITIATED REZONE, BUT IT PROVIDES SOME CLARITY AS TO USE OF THE PROPERTY AGAIN, FOR THE, THE FOLKS WHO ARE HERE.

AND THIS IS NOT TO SOMEHOW CHANGE THEIR MIND THAT NOW I SEE THE LIGHT, I WANT TO BE IN THE CITY WITH THE LAST ITEM.

THE INTENT WAS TO MAKE CLEAR THAT IF YOU ARE DOING AN AGRICULTURAL USE, WE'RE TRYING TO ALLOW YOU TO CONTINUE TO DO THAT WITH, WITH, YOU KNOW, WITH SOME DISRUPTION BUT, BUT LIMIT THAT DISRUPTION ON THAT.

AND, AND SO WITH THAT PROVISION, WHETHER YOU'RE ZONED TO COMMERCIAL OR A SMALLER LOT RESIDENTIAL, YOU COULD CONTINUE DOING THOSE THINGS.

UM, THE IRONY OF THAT IS WE MAY HAVE THEIR NEIGHBORING PROPERTY OWNER SAYING, I DON'T WANT THEM EVER TO BE ABLE TO DO THIS OTHER THING.

BUT THAT'S THE CHALLENGE WE HAVE AT THE CITY IS WE MAKE RECOMMENDATIONS ON LAND USE FOR FOLKS CONSISTENT WITH THE COMPREHENSIVE PLAN.

AND SO THAT DOESN'T

[01:50:01]

MEAN EVERYBODY GETS TO DO WHATEVER THEY WANT WITH THEIR PROPERTY BECAUSE WHAT THEY DO WITH THEIR PROPERTY IMPACTS THE CITY'S INFRASTRUCTURE, IMPACTS THE CITY'S DELIVERY OF SERVICES AND IT IMPACTS THEIR NEIGHBORING PROPERTY OWNERS.

AND SO UNDER THAT, WHAT WE ARE RECOMMENDING IS CONFORMANCE WITH THE COMPREHENSIVE PLAN.

I'LL SAY THIS BEFORE EMILY GETS GOING, AS THOSE OF YOU WHO'VE BEEN ON THE COMMISSION A WHILE OR BEEN IN THIS BUSINESS, WHILE YOU UNDERSTAND WE OFTEN HAVE RESIDENTIAL PROPERTY OWNERS SHOW UP.

IN FACT, IT'S RARE THAT WE HAVE A RESIDENTIAL, THAT WE HAVE A ZONING CASE WHERE THERE ARE NE RESIDENTIAL NEIGHBORS NEXT DOOR WHO DON'T HAVE CONCERNS FUNDAMENTALLY ABOUT THE DEVELOPMENT OF THAT PROPERTY IN A WAY THAT'S NOT JUST LIKE THEIRS.

BUT TO BE A SUSTAINABLE CITY, WE NEED A RANGE OF USES.

WE NEED A RANGE OF RESIDENTIAL LOT SIZES AND HOUSING TYPES AND FRANKLY WE NEED COMMERCIAL USES BECAUSE ON THE ONE HAND WE GET PEOPLE LAMENT, THERE'S NO PLACE TO SHOP.

I DON'T HAVE A PLACE TO GET GAS, BUT WE OFTEN HAVE PEOPLE SAY, I JUST DON'T WANT THAT GAS STATION NEXT DOOR TO ME, PUT IT DOWN A BLOCK OR TWO BLOCKS NEXT DOOR.

AND SO AGAIN, THE ZONING EVEN WHERE WE'VE RECOMMENDED COMMERCIAL IS APPROPRIATE FROM A STAFF PERSPECTIVE BASED ON OUR COMPREHENSIVE PLAN, WHICH ASSUMES THE DEVELOPMENT OF OUR CITY CONTINUES.

AND SO AGAIN, FOR THE FOLKS, AGAIN REFERENCE DR.

SHOR, I HOPE HE DOESN'T MIND WHO'S LIVED HERE FOR HIS WHOLE LIFE GENERATIONS, HE'S SEEN A WHOLE LOT OF CHANGE.

IT IS A VERY DIFFERENT COMMUNITY THAN IT WAS.

NOT ALL OF THAT CHANGE IS GOOD AS I'VE HEARD HIM SAY AND AND FROM HIS PERSPECTIVE.

AND SO AGAIN, WHY APPRECIATE FOLKS WHO MAY HAVE BOUGHT IN A NEIGHBORHOOD AND DON'T WANT COMMERCIAL THAT PROPERTY'S PROXIMITY TO MAJOR ROADWAYS.

I 35 ECKERT ROAD STAFF FEELS, MAKES IT APPROPRIATE FOR COMMERCIAL DEVELOPMENT.

AND IF YOU ZONE IT AS RESIDENTIAL, I WOULD BET YOU DOLLARS TO DONUTS THAT AT SOME POINT IF THAT DEVELOPS RESIDENTIAL, THE NEXT PIECE WHEN THEY COME IN, THOSE FOLKS WOULD LAMENT HAVING GENERAL BUSINESS NEXT TO THEM THAT'S RIGHT UP ON THE FREEWAY.

AND SO AT SOME POINT YOU HAVE TO TRANSITION THOSE USES GOING FORWARD.

YOU YOU'VE GOTTA HAVE THAT AND WE'VE SEEN THAT BEFORE.

AND AGAIN, I'LL POINT TO SHIRTS PARKWAY WHERE WE'VE GOT COMMERCIAL ZONING UP AND DOWN SHIRTS, PARKWAY NEXT TO RESIDENTIAL NEIGHBORHOODS OF DIFFERENT SIZES AND SCALES BASED ON THAT.

SO WITH THAT, I'LL BE QUIET LET EMILY GO ON.

YOU CAN SEE THE PROPERTIES THAT ARE OUTLINED IN GREEN ARE THE PROPERTIES THAT ARE, UM, PART OF THIS ZONING CASE.

SO AS SOME BACKGROUND IN 20 10 20 11, THE CITY OF CHARLOTTES ENTERED INTO DELAYED ANNEXATION DEVELOPMENT AGREEMENTS WITH PROPERTY OWNERS BASED ON TEXAS LOCAL GOVERNMENT CODE SECTION 43.035 AND 2 12 7 2 IN ORDER TO GUARANTEE THE CONTINUATION OF THE EXTRATERRITORIAL STATUS OF THE LAND FOR THE TERM OF THE AGREEMENT AND AUTHORIZE THE ENFORCEMENT OF ALL REGULATIONS AND PLANNING AUTHORITY OF THE CITY THAT DID NOT INTERFERE WITH THE USE OF THE LAND FOR AGRICULTURAL OR WILDLIFE MANAGEMENT OR AS TIMBERLAND PER THE AGREEMENTS THAT WERE SIGNED AND EXECUTED.

UH, ANNEXATION AT END OF TERM STIPULATES THAT 10 YEARS AFTER THE EFFECTIVE DATE OF THE AGREEMENT, THE PROPERTY IS TO BE ANNEXED TO THE CITY OF SHEZ IN 2020 AND 2021.

THE CITY OF SHE CITY COUNCIL AUTHORIZED THE CITY MANAGER AND STAFF TO OFFER DEVELOPMENT AGREEMENT EXTENSIONS BASED ON THE NATIONWIDE STATEWIDE DECLARATION OF PUBLIC HEALTH EMERGENCIES, SPECIFICALLY COVID.

IN ADDITION TO THE DEVELOPMENT AGREEMENT EXTENSIONS, IT WOULD ALLOW CITY STAFF TO COMPLETE THE COMPREHENSIVE LAND USE PLAN UPDATE WHICH WOULD BE UTILIZED WHEN ZONING THE ANNEX PROPERTIES.

THESE EXTENSIONS WOULD PROVIDE THE SAME RIGHTS AS PREVIOUSLY ESTABLISHED IN THE ORIGINAL AGREEMENTS, BUT WOULD DELAY THE ANNEXATION OF THE PROPERTIES TO A LATER DATE.

THE PROHIBITION ON ANNEXATION WOULD BE IN EFFECT UNTIL JANUARY 1ST, 2024, AT WHICH TIME THE CITY ASSURES WOULD BEGIN ANNEXATION PROCEEDINGS AND CONCLUDE THEM NO LATER THAN DECEMBER 31ST.

SO AT THIS TIME, THAT FIRST DATE IDENTIFIED IN THE AGREEMENT JANUARY 1ST HAS PASSED.

ADDITIONALLY, THE APPROVAL OF ORDINANCE 24 S OH SIX, THE COMPREHENSIVE LAND USE PLAN HAS OFFICIALLY BEEN ADOPTED AND CAN BE UTILIZED FOR ZONING CASES MOVING FORWARD PER THE DEVELOPMENT AGREEMENT, EXTENSION CITY STAFF HAS STARTED THE ANNEXATION AND ZONING PROCESS IN ACCORDANCE WITH THESE EXTENSIONS.

AT THE APRIL 16TH, THE CITY COUNCIL MEETING RESOLUTION 24 R 41 WAS APPROVED, ACCEPTING THE PETITIONS FOR VOLUNTARY ANNEXATION FOR THE PARCELS IDENTIFIED IN THE ZONING PLZC 2 24 0 0 9 1 IS THE NEXT STEP IN THE ANNEXATION PROCESS.

SPECIFICALLY IN RELATION TO ESTABLISHING ZONING FOR THE APPROXIMATELY 893.7 ACRES WITHIN COMAL AND GUADALUPE COUNTY SPECIFICALLY, UH, THIS ZONING WOULD MAKE 498.2 ACRES BE SINGLE FAMILY RESIDENTIAL DISTRICT.

R TWO A HUNDRED THIRTY TWO 0.6 ACRES IS GENERAL BUSINESS AND APPROXIMATELY 262.9 ACRES AS MANUFACTURING LIGHT DISTRICT.

SO THE AERIAL, UM, FOR THIS ZONING CASE IS ACTUALLY ON TWO SHEETS.

SO I'M GONNA GET SOME POINTS OF REFERENCE HERE FOR YOU.

SO THERE'S 35 SCHWAB 4 82 AND

[01:55:01]

AND THEN HERE ARE THE PARCELS THAT ARE ON THE OTHER SIDE OF 35.

SO AGAIN, HERE'S 35 ECKER, THIS IS CYPRUS, THIS CYPRESS POINT, THIS IS PARKLANDS.

AND AGAIN, YOU CAN SEE THE PROPERTIES HERE OUTLINED IN GREEN THAT ARE PART OF THE ZONING CASE.

SO THIS IS THE PUBLIC HEARING NOTICE MAP AND AGAIN WE USE I 35 AS KIND OF THAT DIVIDING BARRIER.

SO THIS IS THE UH, NOTIFICATION BOUNDARY MAP FOR THE PORTIONS THAT ARE ON THE OTHER SIDE OF 35.

THIS IS ALSO A NICE WAY TO SEE THE GREEN PARCELS ARE THE ONES THAT ARE PART OF THIS PROPOSED ZONING CHANGE.

AND THEN I KNOW THERE'S BEEN QUITE A, QUITE A LOT OF QUESTIONS ABOUT THE RED 200 FOOT BUFFER.

THAT'S WHAT THAT RED UM, LINE ON THIS MAP I JUST IDENTIFYING.

IT'S THAT STATE REQUIRED NOTIFICATION TO ALL PROPERTY OWNERS WITHIN 200 FEET.

AND THEN HERE IS THAT SAME KIND OF MAP, BUT ON THE OTHER SIDE OF 35, IDENTIFYING THOSE PROPERTIES ON APRIL 25TH, 137 PUBLIC HEARING NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET OF THE, OF A PARCEL PROPOSED TO BE ZONED.

ADDITIONALLY, PROPERTY OWNERS OF PARCELS INCLUDED WITHIN THE ZONING BOUNDARY WERE NOTIFIED PER TEXAS LOCAL GOVERNMENT CODE SECTION TWO 11.006 KOMAL INDEPENDENT SCHOOL DISTRICT WAS ALSO NOTIFIED OF THE PROPOSED ZONING ON APRIL 26 43 PUBLIC HEARING NOTICE SIGNS WERE PLACED ON THE SUBJECT PROPERTIES AND AT THIS TIME WE'VE RECEIVED, UM, ZERO NEUTRAL, 10 IN FAVOR AND 112 OPPOSITIONS.

THE SUBJECT PARCELS ARE CURRENTLY IN THE CITY OF SHIRT'S ETJ WITH DELAYED ANNEXATION DEVELOPMENT AGREEMENTS.

THESE PROPERTIES DO NOT CURRENTLY HAVE A ZONING DISTRICT ASSIGNED DUE TO THEIR ETJ STATUS.

THE INITIAL ZONING OF THE LAND PARCEL SHALL BE PROCESSED IN THE SAME MANNER AS A REQUEST FOR A ZONING CHANGE IN ACCORDANCE WITH SECTION 2154 NOTIFICATION REQUIREMENTS AND THE RESPONSIBILITY OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL SHALL BE IN ACCORDANCE WITH A REQUEST FOR A ZONING CHANGE.

SO AGAIN, IT'S 498.2 ACRES TO THE R TWO, A HUNDRED THIRTY TWO 0.6 TO GB AND 262.9 TO THE M1.

THE GOAL IS TO ZONE THESE SUBJECT PROPERTIES IN CONFORMANCE WITH THE COMPREHENSIVE LAND USE PLAN, FUTURE LAND USE MAP.

SO THIS IS THE PROPOSED ZONING, UM, IDENTIFIED ON THE INDIVIDUAL PARCELS.

SO THE ORANGE IS REPRESENTING THE SINGLE FAMILY RESIDENTIAL R TWO, THE LIGHT BLUE COLOR IS TO GENERAL BUSINESS AND THEN THE DARK GRAY IS M1.

AND THEN HERE'S THAT SECOND PAGE.

SO YOU CAN SEE THE PARCELS ON ECKERT AND GREEN VALLEY.

SO WHEN WE LOOK AT ZONING CASES, WE USE UDC SECTION 2154 D FOR THE CRITERIA FOR APPROVAL.

SO NUMBER ONE, WHETHER THE PROPOSED ZONE CHANGE OR ZONING MAP AMENDMENT IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP.

SO PLDC 20 24 0 0 9 1 INCLUDES SEVERAL DIFFERENT PROPOSED ZONING CLASSIFICATIONS BASED ON THE SUBJECT PROPERTY'S LOCATION AND THE DESIGNATION ON THAT FUTURE LAND USE MAP AS ADOPTED BY ORDINANCE 24 S OH SIX.

SO THE APPROXIMATELY 498.2 ACRES OF LAND IS PROPOSED TO BE ZONED SINGLE FAMILY RESIDENTIAL.

R TWO, SPECIFICALLY GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 6 8 3 7 4 6 1 6 1 5, 6, 8, 3 8, 4, 6, 8, 3, 8, 5, 6, 8, 3, 8, 3, 6, 1, 5, 1, 1, 6, 1, 6, 0 9, 6, 8, 3, 8, 1, 6, 8, 3, 7, 8, 6, 8, 3, 8, 2, 6, 8, 3, 8, 0 6, 8, 3, 7, 7, 6, 1, 6, 1, 4, 6 3, 9 9 2 ARE IDENTIFIED AS COMPLETE NEIGHBORHOOD ON THE COMPREHENSIVE LAND USE PLAN.

FUTURE LAND USE MAP.

COMPLETE NEIGHBORHOODS ARE GENERALLY AREAS CHARACTERIZED BY A MIXTURE OF HOUSING OPTIONS WITH SUPPORTING LAND USES.

OMA COUNTY PROPERTY IDENTIFICATION NUMBER 7 9 0 0 4 7 9 0 0 6 7 8 9 7 6 7 8 9 6 0 AND 7 8 9 5 7 ARE IDENTIFIED AS DEVELOPMENT DEFERMENT, WHICH IS TYPICALLY UTILIZED FOR LARGE TRACKS THAT HOUSE HEAVY INDUSTRIAL.

HOWEVER THE SUBJECT PROPERTIES ARE CURRENTLY UNDEVELOPED AGRICULTURAL OR UTILIZED FOR RESIDENTIAL PURPOSES.

THE PROPOSED SINGLE FAMILY RESIDENTIAL DISTRICT R TWO IS IN LINE WITH THE COMPLETE NEIGHBORHOOD LAND USE DESIGNATION AND APPROPRIATE FOR PARCELS IDENTIFIED AS DEVELOPMENT DEFERMENT.

SO NUMBER ONE CONTINUED.

THE APPROXIMATELY 132.6 ACRES OF LAND HAS PROPOSED TO BE GENERAL BUSINESS AND THAT'S SPECIFICALLY CONEL COUNTY PROPERTY IDENTIFICATION NUMBER IS 7 9 0 1 8 7 8 9 2 3 3 7 4 1 4 8 3 7 4 1 4 6 3 7 4 1 5 3 7 4 1 4 4 3 7 4 1 4 7 7 9 0 0 7.

AND APPORTION OF 7 9 0 1 2 ARE IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN FEATURE.

LAND USE MAP IS LOCAL CORRIDOR, WHICH IS DESCRIBED AS LOCALLY ORIENTED COMMERCIAL AND ENTERTAINMENT AREAS.

TYPICALLY SITUATED ALONG MEDIUM TO HIGH VOLUME COLLECTOR ROADS.

THE PROPOSED GB IS IN LINE WITH THE DESIRED LOCALLY ORIENTED COMMERCIAL DESIRED BY THAT LOCAL CORRIDOR LAND USE DESIGNATION UPON COUNTY PROPERTY IDENTIFICATION NUMBER 7 5 4 4 9 AND 7 8 2 1 8 ARE IDENTIFIED IN THE COMPREHENSIVE LAND USE

[02:00:01]

PLAN AS REGIONAL CORRIDOR, WHICH IS DESCRIBED AS COMMERCIAL AND ENTERTAINMENT AREAS ALONG MAJOR THOROUGH AFFAIRS THAT SERVE POPULATIONS WITHIN THE CITY AND THE BROADER REGION.

BASED ON THE TWO IDENTIFIED PARCELS PROXIMITY TO IH 35 AND EXISTING GENERAL BUSINESS DISTRICT ZONING AND THE REGIONAL CORRIDOR LAND USE DESIGNATION, THE PROPOSED GB IS APPROPRIATE APPROXIMATELY 262.9 ACRES OF LAND KNOWN AS KAWELL COUNTY PROPERTY IDENTIFICATION NUMBER IS 7 9 0 0 1 7 8 9 4 5 7 8 9 4 6 7 5 4 8 0 7 8 2 4 7 7 9 0 1 7, 7 5, 4, 6, 8, 7, 5, 4, 6 2 7 5, 4 6 3.

AND A PORTION OF 7 9 0 1 2 IS PROPOSED TO BE ZONED MANUFACTURING DISTRICT LIGHT OR M1.

THESE PROPERTIES ARE IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS REGIONAL QUARTER, WHICH IS DESCRIBED AGAIN AS THAT COMMERCIAL ENTERTAINMENT AREAS INCLUDING LIMITED INDUSTRIAL AND LOGISTICS USES BASED ON THE SUBJECT PROPERTIES LOCATION AND THE EXISTING M1 ZONING IN THE IMMEDIATE AREA, THE PROPOSED MANUFACTURING DISTRICT LIGHT IS IN LINE WITH THE COMPREHENSIVE LAND USE PLAN.

SO HERE IS A PICTURE OF THAT COMPREHENSIVE LAND USE PLAN.

YOU CAN SEE THE RED IS THE REGIONAL CORRIDOR, THAT KIND OF SALMONY PINK COLOR IS LOCAL CORRIDOR AND THEN THE GOLDEN IS COMPLETE NEIGHBORHOOD.

SO YOU CAN, YOU CAN SEE ON THE FUTURE LAND USE MAP THE THE PARCELS THAT WE'RE TALKING ABOUT AS KIND OF BEING GRAYED OUT.

SO NUMBER TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND THE SAFE, ORDERLY, EFFICIENT, AND HEALTHFUL DEVELOPMENT OF THE CITY.

A PART OF PROMOTING HEALTH, SAFETY AND WELFARE.

THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS.

THE PROPOSED ZONING DISTRICT DESIGNATIONS ARE COMPATIBLE WITH THE SURROUNDING LAND USES AND EXISTING ZONING DESIGNATIONS ON THE SURROUNDING PROPERTIES.

ADDITIONALLY, PER UDC ARTICLE SEVEN, SECTION 21 7 3, A NONCONFORMING USE OR STRUCTURE MAY CONTINUE TO BE USED, OPERATED OR OCCUPIED IN ACCORDANCE WITH THE TERMS OF THE ZONING REGULATIONS BY WHICH IT WAS ESTABLISHED OR IN THE CASE OF AMEX PROPERTY IN ACCORDANCE WITH THE REGULATIONS UNDER WHICH IT WAS CREATED.

THIS MEANS THAT THE SUBJECT PROPERTIES CAN CONTINUE TO BE UTILIZED FOR THEIR EXISTING LAND USES IN CONFORMANCE WITH UDC ARTICLE SEVEN.

AND THEN THE OTHER PORTION OF THIS SLIDE IS THE DIMENSIONAL REQUIREMENTS FOR THE THREE PROPOSED.

UM, SO DISTRICT, SO R TWO IS AT 8,400 SQUARE FEET, GB AT 10,000 M1 AT 10,000.

SO AGAIN, HERE'S JUST THOSE ZONING MAPS.

REFRESH YOUR MEMORY HERE ON WHAT'S GETTING WHAT NUMBER THREE, WHETHER THE USE IS PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE RECLASSIFIED.

THE SUBJECT PARCELS ARE CURRENTLY UNDEVELOPED, UTILIZED FOR AGRICULTURAL PURPOSES OR UTILIZED FOR RESIDENTIAL.

THE PROPOSED ZONING DESIGNATIONS ARE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE ANNEXED AND ZONED.

SINCE THE PROPOSED ZONING DESIGNATIONS ARE BASED ON CONFORMANCE WITH THE COMPREHENSIVE LAND USE PLAN.

FUTURE LAND USE MAP, THERE WILL BE PROPERTIES WITH EXISTING LAND USES THAT WILL BE CONSIDERED NON-CONFORMING BASED ON THE PROPOSED ZONING.

IF APPROVED UPON ANNEXATION AND ZONING, THE PROPERTIES WOULD BE SUBJECT TO THE CITY OF SHIRTZ UDC INCLUDING ARTICLE SEVEN.

THE NONCONFORMING USES LOCKS AND STRUCTURES AND AGAIN THAT NON-CONFORMING USER STRUCTURE MAY CONTINUE TO BE USED, OPERATED OR OCCUPIED IN ACCORDANCE WITH THE TERMS OF THE ZONING REGULATIONS, THE PROPOSED ZONING DESIGNATIONS ARE APPROPRIATE IN THE IMMEDIATE AREA.

NUMBER FOUR, WHETHER THE PROPOSED CHANGE IS IN ACCORD WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOLS, STREETS, WATER SUPPLY, SANITARY SEWER, OR OTHER PUBLIC SERVICES AND UTILITIES TO THE AREA, A PUBLIC HEARING NOTICE WAS MAILED TO ISD TO NOTIFY THEM OF THE PROPOSED ZONING.

ADDITIONALLY, THE CITY ASSURES POLICE, FIRE AND EMS DEPARTMENTS HAVE INDICATED THEY DO NOT HAVE ANY CONCERNS REGARDING THE PROPOSED REZONING REQUEST OR THEIR ABILITY TO PROVIDE SERVICES WITH THE ANNEXATION AND PROPOSED ZONING OF THE PROPERTIES, THE CITY IS BETTER ABLE TO GUIDE FUTURE DEVELOPMENT TO ENSURE CONFORMANCE WITH THE MASTER THOROUGHFARE, PLAN, THE MASTER WATER PLAN, AND MASTER SEWER PLAN FOR THE CITY.

ADDITIONALLY, THE ANNEXATIONS AND ASSOCIATED ZONING WOULD ENSURE THAT ANY FUTURE DEVELOPMENTS WILL MEET CITY STANDARDS TO ENSURE COHESIVE DEVELOPMENT ACROSS THE CITY OF SHIRTS, WHICH ULTIMATELY WILL ENSURE THE SAFE, ORDERLY AND EFFICIENT DEVELOPMENT OF THE CITY.

ALTHOUGH NO DEVELOPMENT PLANS ARE CURRENTLY PROPOSED FOR THE PROPERTIES BEING ZONED, IF DEVELOPMENT WAS TO OCCUR, THE WATER, SEWER AND ROADWAY WOULD BE EVALUATED DURING THE DEVELOPMENT PROCESS.

NUMBER FIVE, WHETHER THERE HAVE BEEN ENVIRONMENTAL OR ECONOMICAL CHANGES WHICH WARRANT THE REQUESTED CHANGE, NO, THERE HAVE BEEN NO ENVIRONMENTAL OR ECONOMICAL CHANGES.

THE SUBJECT PROPERTIES ARE CURRENTLY WITHIN THE CITY OF SHEZ, ETJ AND UNDER DELAYED ANNEXATION AGREEMENTS.

A ZONING DESIGNATION HAS NOT PREVIOUSLY BEEN ESTABLISHED FOR THESE SUBJECT PROPERTIES.

HOWEVER, BASED ON THE EXPIRATION OF THE DELAYED ANNEXATION EXTENSIONS, THE PROPERTIES ARE SUBJECT TO ANNEXATION AND AS PART OF THAT PROCESS ARE SUBJECT TO ZONING.

NUMBER SIX, WHETHER THERE IS AN ERROR IN THE ORIGINAL ZONING OF THE PROPERTY, AGAIN, THE SUBJECT PROPERTIES HAVE NO EXISTING ZONING DUE TO THEIR ETJ STATUS.

NUMBER SEVEN, WHETHER ALL THE APPLICANT'S BACK TAXES OWED TO THE CITY HAVE BEEN PAID IN FULL SUBJECT PROPERTIES ARE CURRENTLY NOT IN WITHIN, ARE NOT WITHIN THE CITY OF SHIRTZ, NO BACK TAXES ARE OWED TO THE CITY OF SHIRTZ.

THIS IS NOT IMPACT THE PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL.

AND THEN NUMBER EIGHT, WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION

[02:05:01]

OF THE P AND Z AND THE CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT IN THE CONSIDERATION OF THE AMENDMENT.

STAFF IS INSURED.

ALL UDC REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONE CHANGE AND THIS TIME HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FROM THE PLANNING AND ZONING COMMISSION OR THE CITY COUNCIL.

DUE TO THE PROPERTIES HAVING DELAYED ANNEXATION DEVELOPMENT AGREEMENTS AND EXTENSIONS THAT ARE EXPIRING AND ARE SUBJECT TO VOLUNTARY ANNEXATION, IT'S APPROPRIATE TO ZONE THESE PROPERTIES AT THE SAME TIME PER THE AGREEMENTS UPON ANNEXATION OF THE PROPERTY SHALL BE ZONED IN ACCORDANCE WITH THE USES AND PROCEDURES SET FORTH IN THE CITY'S COMPREHENSIVE LAND PLAN AND UNIFIED DEVELOPMENT CODE.

THE PROPOSED ZONING DESIGNATIONS ARE IN CONFORMANCE WITH THE RECENTLY ADOPTED COMPREHENSIVE LAND USE PLAN, FUTURE LAND USE MAP AND STAFF IS RECOMMENDING APPROVAL OF PLZC 2 24 0 0 9 1.

ALRIGHT, THANK YOU EMILY.

ALRIGHT, THIS IS A PUBLIC HEARING.

UM, BEFORE WE GET STARTED, UH, AGAIN, THE TOPIC IS, UH, ZONING, NOT ANNEXATION.

UM, I WOULD LOVE TO HEAR IF, IF, UH, YOUR COMMENTS ON IF, IF YOU DON'T THINK IT SHOULD BE R TWO, WHAT SHOULD IT BE, THAT THAT WOULD BE APPROPRIATE TOO.

BUT AGAIN, IT, IT, IT'S YOUR TIME.

UM, PLEASE TRY TO KEEP YOUR COMMENTS TO THREE MINUTES AND YOU COME UP TO THE DAY AS PLEASE SAY YOUR NAME AND ADDRESS.

UH, FOR THE RECORD, IT IS NOW, UM, 8:06 PM AND WE'LL OPEN THE FLOOR FOR PUBLIC COMMENT.

COME ON UP MA'AM.

CHICKENS HAVE GOATS, PIGS, COWS, AND EQUINE.

CHECK ON MY KIDS WITH MY MOM.

UM, BREEZY WEBB ADDRESS 360 BIG JOHN LANE, NEW BRAUNFELS, TEXAS 7 8 1 3 2.

UM, SO WE'RE IN A LITTLE BIT OF A COMPLEX SITUATION HERE.

WE HAVE CITY FOLKS AND WE HAVE COUNTRY FOLKS.

UM, I'M GONNA RAISE A QUESTION.

HOW MANY CITY FOLKS WHO HA HAVE HAD TO LOOK AT THEIR CHILDREN AND SAY, SORRY GUYS, WE OWN THIS LAND, BUT HOA TELLS US THE DOG HAS TO GO THROUGH.

GROWING UP ON THE LAND I LIVE ON NOW AND RAISING MY CHILDREN, WE AS A FAMILY HAVE LEARNED TO CELEBRATE SMALL VICTORIES AND WORK EVEN HARDER THROUGH THE TOUGH ONES.

THIS LAND HAVE HAS TAUGHT MY DAUGHTERS COMPASSION, WHICH MANY CI CITY FOLKS SEEM TO FORGET.

WORK ETHIC THROUGH MENDING FENCES, USING SAWS, SWINGING HAMMERS, USING T POST DRIVERS, FEEDING AND WATERING THEIR ANIMALS IN ALL WEATHER CONDITIONS BEFORE THEY COME IN TO EAT DINNER OR GRAB A DRINK OF WATER.

THAT'S THE WAY WE LIVE ON OUR FARM.

WHILE MOST KIDS THEIR AGE ARE GETTING IN TROUBLE, RUNNING THE STREETS OR STUCK INSIDE ON VIDEO GAMES, NOT MY KIDS, WE HAVE TURNED THE QUITE, UM, THE QUITE LENGTHY LIST OF NEGATIVES ABOUT THE DEVELOPMENT THAT IS GOING UP IN OUR BACK FIELDS INTO A POSITIVE.

AND MY CHILDREN TAKE THEIR ANIMALS AND EDUCATE THE PUBLIC AS PUB, AS THE PUBLIC SERVANTS THAT THEY ARE THIS WAY OF LIFE THAT IS BEING TAKEN AWAY FROM US.

MOST IMPORTANTLY, MY CHILDREN IS TAKING OPPORTUNITIES FOR SCHOLARSHIPS AWAY FROM THEM VIA FOUR H, THEIR KNOWLEDGE FOR THEIR FIELDS OF STUDY THEY WANT TO GO INTO WHEN THEY PURSUE COLLEGE, THEIR EXTRACURRICULAR ACTIVITIES, WHICH INCLUDE DRILL TEAM AND RODEOING, AND MOST IMPORTANTLY, THEIR HAPPINESS.

WELL, WE WERE ILLEGALLY ANNEXED AND WE HAVE HAD MANY OBSTACLES WITH THE ANNEXATION.

WE STILL WILL NOT BE PROVIDED CITY WATER.

WE WILL NOT HAVE CITY SEWAGE OR OTHER BENEFITS THAT CITY FOLKS HAVE.

WHILE THE CITY WILL HAPPILY TAKE OUR TAX MONEY TO TELL US WHAT WE CAN AND CANNOT DO WITH OUR PROPERTY, ALL WE ARE GIVEN IN RETURN IS POLICE, FIRE AND EMS, IF THAT'S WHAT YOU WANT TO CALL IT.

WHEN MY HUSBAND WAS BITTEN BY A RATTLESNAKE, EMS CANNOT FIND OUR HOUSE POLICE COULD NOT GET TO OUR HOME.

MY 12-YEAR-OLD DAUGHTER LEARNED HOW TO DRIVE BY DRIVING A TRACTOR.

SHE DROVE MY VEHICLE TO THE NEAREST INTERSECTION FOR EMS TO MEET MY HUSBAND.

THE POLICE CANNOT GET TO OUR HOUSE IN A TIMELY MANNER BECAUSE THEY CANNOT FIND OUR LOCATION.

HOW ARE THEY TO PROVIDE US CITY SERVICES? WHY ARE WE BEING ANNEXED, WHETHER IT BE OUR TWO GENERAL, PUBLIC OR COMMERCIAL? WHY ARE WE BEING ANNEXED? THE POLICE ARE UNDERSTAFFED.

AS I MENTIONED EARLIER, I FIND IT A HUGE ISSUE THAT I BOUGHT LAND TO HAVE A GARDEN RAISED

[02:10:01]

YET WE ARE TOLD WE CAN POTENTIALLY NOT HAVE THESE THINGS.

I'M TOLD MY DISABLED MOTHER CANNOT LIVE ON MY PROPERTY THAT I PAID FOR AS IT'S NOT A CERTAIN AMOUNT OF ACRES.

WHEN WE PURCHASED OUR LAND TITLE, NOR ANYONE ELSE TOLD US ABOUT THE ANNEXATION, THE ANNEXATION WAS NOT MADE AWARE TO US UNTIL MY HUSBAND WENT TO THE CITY TO GET CLARIFICATION ON PUTTING UP A FENCE FOR OUR ANIMALS.

WHY IS OUR LAND NOT BEING ZONED AS GENERAL BUSINESS AS THE RANCH? RIGHT? ON THE OTHER SIDE OF THE DEVELOPMENT IS BEING ZONED GENERAL BUSINESS.

WHAT SETS THEM APART FROM US? WHAT IS HAPPENING IS WE ARE BEING LEFT NO CHOICE BUT TO BE PUSHED OUT OF OUR LAND.

DO WE ROLL OVER AND TAKE IT OR DO WE STAND UP AND FIGHT FOR OUR RIGHTS AND OUR MORALS? I'M NOT IN FAVOR OF THE ANNEXATION.

WOULD YOU TELL YOUR KID HE CAN'T HAVE THAT DOG? ALRIGHT, THANK YOU.

BUT AGAIN, PLEASE.

THE ISSUE TONIGHT IS NOT ANNEXATION.

THAT IS A CITY COUNCIL DECISION.

IT'S NOT WITHIN THE PURVIEW OF PLANNING AND ZONING.

WHETHER OR NOT YOUR PROPERTIES GET ANNEXED IS A DECISION THAT'LL BE MADE BY CITY COUNCIL, NOT BY THIS COMMISSION.

WHAT WHAT WE'RE DISCUSSING TONIGHT IS IF CITY COUNCIL WERE TO ANNEX YOUR PROPERTY, WHAT IS THE APPROPRIATE ZONING? THAT IS THE TOPIC UNDER DISCUSSION.

WHO'S NEXT? MY NAME IS TIM BROWN.

I'M LIVING IN THE PARKLANDS SUBDIVISION.

I WANT TO ADDRESS THE, UH, THE MAPS THAT WERE SHOWN, UH, THAT SHOW AS THAT, UH, THEY DON'T MATCH THE CURRENT INTERNET POSTINGS FOR, UH, THE CURRENT U UH, USE.

THE MAP THAT'S ONLINE AND IT SHOWS IS UPDATED IN JULY OF 2022.

THE, UH, UH, AREA NORTH OF THE PARKLANDS DEVELOPMENT IN SOUTH OF 35.

THAT GB IS THE CONCERN.

WHAT HAS CHANGED? BECAUSE IT'S ALWAYS BEEN, UH, OVER THE PAST 15 TO 20 YEARS AS AG AND NOW RESIDENTIAL, IT WAS ALWAYS INCLUDED IN THE, IN THE RESIDENTIAL PLANNING.

IF YOU GO TO ANY OF THE BUILDER'S OFFICES IN THAT AREA UNTIL THE SIGNS WERE POSTED, THE, THE LANGUAGE THAT THEY WOULD USE THAT THIS WILL ALWAYS REMAIN RESIDENTIAL.

SO I'M WONDERING WHAT CHANGED IN THE LAST, UH, LESS THAN A TWO YEARS THAT THE MAP COULDN'T BE CHANGED AND THE PUBLIC COULDN'T BE INFORMED OF THE MOTIVATION TO CHANGE THAT DESIGNATION FROM, IF IT'S ANNEXED, SHOULD IT BE GB OR SHOULD IT BE R ONE OR R TWO? I WOULD THINK THAT NORMAL PEOPLE REALIZE THAT THAT SHOULD BE OUR WHATEVER NUMBER YOU WANT BECAUSE IT'S DIRECTLY ADJACENT TO A CURRENT RESIDENTIAL NEIGHBORHOOD THAT'S EXTENSIVELY PLANNED OUT.

BUT I WANT, I WANT TO KNOW WHY THAT THE MAPS DON'T MATCH THE, WHAT EMILY SHOWED AND WHAT IS ONLINE DON'T MATCH.

MY NAME'S MARTY FRIES AND I'M 22, 900 OLD MACCHAS ROAD, NEW BRAUNFELS.

UM, I'M A FIFTH GENERATION AND MY FAMILY AND MYSELF AT FARM THAT LAND FOR OVER 160 YEARS WITH AGRICULTURE USE CROPS AND LIVESTOCK.

I'M KIND OF IN AN INTERESTING SITUATION.

MY, UH, PROPERTY THAT'S BEING ANNEXED IN THE ZONING CHANGE IS, UH, CONSIDERED AS GENERAL BUSINESS AND YOU KNOW, WHETHER YOU WANT TO, THE HARD PART ABOUT THE GENERAL BUSINESS PART IS IT'S AGRICULTURE USE.

THERE'S NO INTENTION OF BEING GENERAL BUSINESS, BUT OUR FAR, OUR FOUR PARCELS ARE DIVIDED UP WITHIN THE 13 ACRES THAT I OWN PERSONALLY, WHICH IS PART OF THE FARM.

THE OTHER PART OF THE FARM IS IN THE ETJ, WHICH I JOINTLY OWNED.

AND SO THAT OF COURSE IS INFECTED BY ANNEXATION OR ZONING AT THIS TIME.

UH, BUT HOWEVER ADJACENT TO MY PROPERTY ARE ALSO TWO OTHER PARCELS THAT I JOINTLY OWNED.

AND ONE OF 'EM I BELIEVE IS CALLED R TWO RESIDENTIAL AND THE OTHER ONE IS GENERAL BUSINESS.

SO I KNOW THERE WAS A LOT OF CHANGES.

SO WHAT YOU CAN AND CAN'T DO THAT WASN'T ORIGINALLY BROUGHT TO US.

ANY KIND OF LETTERS ON WHAT YOU CAN DO AGRICULTURAL WISE.

SO THAT KIND OF CONFUSES ME BECAUSE I'VE HEARD SO MANY DIFFERENT THINGS TONIGHT, WHAT WE CAN AND CAN'T DO.

[02:15:01]

SO HONESTLY, I'M NOT EVEN SURE WHAT I CAN DO AS GENERAL BUSINESS IF IT'S ANNEXED AS THAT OR ZONED AS THAT.

RIGHT? SO WITH THAT, WE ALSO RECEIVED A LETTER SAYING WE'RE NON-CONFORMING AND IN BOLD CAPITAL LETTERS.

AND AGAIN, YOU'RE CERTAIN USES YOU COULD DO AND NOT DO.

AND AGAIN, TONIGHT THAT CHANGED.

UM, I GUESS I'LL JUST SAY OUR LAND IS NOT GENERAL BUSINESS, IT'S AGRICULTURAL.

UM, THERE ARE ALSO WITHIN THE, UH, MAP AREA THAT WE SEE, THERE'S A LOT OF DIFFERENT VARIANCES I'VE SEEN.

ONE PLOT IS RESIDENTIAL AGRICULTURE, SOME IS LIGHT INDUSTRIAL, AND THEN THIS R TWO AND RESIDENTIAL AND ALL THESE THINGS THAT WE'RE HEARING.

UM, I GUESS I'LL JUST SAY THAT, UH, I SAW SOMETHING IN THE CITY OF SHIRTS IN THE AGENDA NIGHT SAYS, TREAT OTHERS THE WAY YOU WANT TO BE TREATED IN THEIR CORE VALUES.

AND I'LL ASK YOU ONE QUESTION.

IF THIS WAS YOUR LAND AND YOU HAD BEEN FARMING IT FOR OVER 160 YEARS LIKE WE HAVE, WOULD YOU WANT SOMEONE TELLING YOU WHAT YOU CAN AND CANNOT DO WITH YOUR LAND NO MATTER WHAT IT'S ZONED IS? AND WITH THAT, YOU KNOW, WE DON'T REALLY APPRECIATE BEING TOLD WHAT TO DO WITH YOUR LAND AS ANYONE WOULDN'T IN THIS SITUATION.

UM, SO I'LL JUST SUM IT UP BY WE DON'T BELIEVE IT'S GENERAL BUSINESS DISTRICT, IT'S AGRICULTURAL AND WE'RE OPPOSED TO THE ZONING AND ANNEXATION PERIOD AND ALSO WHAT WE CAN AND CAN'T DO WITH OUR PROPERTY.

HI, UM, MY NAME IS BLANCA BROWN AGAIN.

UH, 5 2 3 1, UH, VILLAGE PARK.

I JUST PASSED A MAP TO YOU.

UM, AND I ACTUALLY WANTED TO ADDRESS THAT 'CAUSE EMILY ALREADY GAVE YOU A LOT OF MAPS AND IF I HAVE SEEN ALL OF THOSE TOGETHER, I WILL BE TOTALLY LOST.

SO PLEASE BEAR WITH ME AND FOLLOW WHAT THE CONCERN IS OF OUR COMMUNITY.

WE REALLY ARE NOT HERE TO CONTEST AN ANNEXATION.

AND I KNOW, UH, MR. ALLAH, YOU SAID IS NOT, WE ARE HERE TO MAKE IT CLEAR THAT WE DO NOT WANT ANY REZONING FOR GB IN THE AREA THAT I CIRCLE FOR YOU GUYS, PLEASE TAKE A LOOK AT IT AND I'M GONNA JUST WALK YOU THROUGH IT.

THE RED PART IS ECHOED IS THE MAIN ARTERY FOR ALL OF THIS DEVELOPMENT TO COME IN AND OUT.

THAT'S WHERE WE GET OFF THE FREEWAY ON SHRUB AND THEN WE GO INTO THAT.

THE CIRCLE IS GOING TO BE PIECING FOR YOU WHAT THE LAND PIECE FOR THIS GB IS BEING PROPOSED.

ACROSS THE STREET FROM THAT CIRCLE THAT I GAVE YOU IS THE CHILDREN'S PARK THAT BELONGS TO THE CITY OF CHURCH.

UH, CITY OF SHIRTS, I THINK.

RECEIVED THE LETTER, BUT BECAUSE WE WENT OUT KNOCKING DOOR TO DOOR TO LET OUR NEIGHBORS KNOW WHAT WAS HAPPENING AND EDUCATING THEM ABOUT WHAT THIS GB IS ALL ABOUT.

AND THEN IF YOU GO, UH, BELOW SOUTH MY CIRCLE, ALL OF THOSE HOUSES, BACK TO THAT PIECE OF LAND.

NOW I KNOW THAT YOU PROBABLY KNOW AND HEARD THIS BEFORE, WHAT GB IS.

I DIDN'T KNOW WHAT IT WAS UNTIL I GOT THE MATRIX FROM EMILY, BUT THEN I WENT AND LOOKED INTO, INTO A DEEPER BECAUSE A GB, IF THE LAND IS REZONED ON GB, WE HAVE AS PERMITTED BY THE CITY OF CHURCH MATRIX.

AUTOMATICALLY YOU CAN SELL THAT LAND OR BUY THAT LAND TO BUILD NIGHTCLUBS, CLUBS, ALCOHOL DISTRIBUTION, AND MANY OTHER THINGS THAT DO NOT COMPLY WITH THE SAFETY.

OUR COMMUNITY, ESPECIALLY THE CHILDREN THAT WE ARE GOING TO HAVE PLANE ALL THE TIME ACROSS THE STREET THAT LAND.

SO A LOT OF THE THINGS THE GB IS AN ARRAY DIVERSE OF A LOT OF THINGS THAT YOU APPROVE OR PRE-APPROVED AS YOUR MATRIX INDICATED IS PRE-APPROVED FOR SO MANY THINGS.

IF, IF YOU PUT A SCHOOL THERE, WE DON'T, YOU KNOW, OF COURSE WE WANT IT.

IF THAT GB EXCLUDED HIGH RISK BUSINESSES FOR A COMMUNITY, WE ALL WOULD'VE SIGNED THE PETITION FOR REZONING.

AND I JUST WANNA ALSO ADD THAT FROM THE 112 SIGNATURES THAT EMILY RECEIVED, MY COMMUNITY PUT TOGETHER, UH, B UH, UM, COMMUNITY OUTREACH.

AND WE TURN IN 90 OF THOSE 112.

THAT WAS IN TWO DAYS WORK.

SO NOT BECAUSE ALL THE NEIGHBORS

[02:20:01]

THANK YOU VERY MUCH.

GOOD LATE EVENING EVERYONE.

COMMISSIONERS.

MY NAME IS APRIL HEWLETT.

I LIVE AT 52 30 VILLAGE PARK.

I WAS ONE OF THE NEIGHBORS THAT RECEIVED THE LETTER THAT WAS SENT OUT BY THE CITY OF SHEZ.

NORMALLY IT WAS A SATURDAY NIGHT, I'M HAVING READY TO HAVE A COCKTAIL AND ENJOY MY EVENING.

BUT WHEN I OPENED UP THE MAIL, I WAS TOTALLY SURPRISED.

I WAS SURPRISED AT THE LETTER I WAS RECEIVING AND READING.

ONE OF THE SURPRISES WAS, I FEEL LIKE THE CITY OF SHIRTS AND PROBABLY THIS YOUNG MAN OR OLD MAN, WHATEVER HERE THAT'S DOING HIS JOB, ZONED EVERYTHING TOGETHER LIKE A BUNDLE.

LITTLE DID I KNOW, I DON'T DO GOVERNMENT, CITY GOVERNMENT, I DO NOT LIKE PUBLIC SPEAKING, BUT I IMMEDIATELY WENT TO MY NEIGHBORS AND THEY HAD NOT EVEN RECEIVED THEIR LETTER YET.

SOME OF THEM HADN'T RECEIVED IT TILL WEDNESDAY.

THEY HAD TO BE TURNED IN BY THURSDAY AT NOON ON ANY RESPONSES IN ORDER TO BE CALCULATED INTO YOUR MEETING.

SO A GRASSROOTS, I KNOW THIS IS CRAZY, BUT IT'S REALLY, THIS IS MY COMMUNITY.

THE GB IS WHAT IS CONCERNING US.

IT'S RIGHT THERE WITH THE CITY OF PARK.

CYPRESS POINT WITH IS AN OPEN FIELD AND THERE'S KIDS PLAYING.

THE SPEED LIMIT IS 35 MILES PER HOUR.

BUT AS YOU KNOW, ECKHART IS A SMALL COUNTRY ROAD AND IT IS NOT, UH, ENTERTAINING ALL THE TRAFFIC THAT WE'RE ENTAILING GOING TO GREEN VALLEY ROAD, AND THEN THE OTHER DEVELOPMENT FOR THE RESIDENTIAL THERE.

ALSO, THERE IS A SCHOOL BUS THAT I SAW THIS MORNING AND I WISH I WOULD'VE TAKEN THE TIME AT ECKHART AND THE ENTRANCE TO THE SUBDIVISION, WHICH IS CATTYCORNER TO THE GENERAL BUSINESS ZONING.

KIDS ARE LAYING ON THEIR BACKPACK, LAYING IN THE SIDEWALK, WAITING FOR THEIR BUS.

THERE WAS A WRECK RECENTLY WITH A T-BONE RIGHT THERE AT THAT INTERSECTION.

THE ELEMENTARY SCHOOL, SCHOOL BUS PARKS RIGHT OVER THERE.

SO WITH THE BROAD DEFINITION THAT THE CITY PROPOSES ON GENERAL BUSINESS, EVERY PERSON THAT I TALKED TO KNOCKING THREE NIGHTS MONDAY NIGHT, TUESDAY NIGHT, AND WEDNESDAY NIGHT WITH MY FELLOW NEIGHBORS AND GATHERING INFORMATION WE'RE OPPOSED TO THE GENERAL BUSINESS.

BUT BECAUSE I DON'T WANNA BRING THIS UP, BUT NOW I'VE EDUCATED THROUGH Y'ALL'S COMMISSION THAT THE ZONING IS NEEDED FOR THE ANNEXATION.

SO THESE BUNDLING OF ZONINGS ARE KIND OF BEING PUSHED THROUGH IN ORDER TO GET READY FOR THE CITY COUNCIL TO VOTE ON IT, WHICH OUR COMMUNITY IS STRONGLY AGAINST.

WE FEEL LIKE IN FEDERAL AND LOCAL LEVEL, YOU GUYS BUNDLE ALL THIS STUFF TOGETHER TO GET A QUICK VOTE AND THEN THEY'LL FIX IT LATER INSTEAD OF BREAKING IT APART.

IF IT WOULD'VE BEEN BROKEN APART ON THE ZONING, I WOULD'VE HAD MORE PEOPLE SAY, YES, WE'RE GOOD WITH R TWO.

THAT'S A GOOD THING.

LIGHT MANUFACTURING IS ACROSS THE HIGHWAY.

I REALLY DOESN'T OBTAIN TO ME, BUT I WOULD LIKE TO BE A LITTLE BIT MORE EDUCATED, THE GENERAL BUSINESS THAT, UH, MATRIC IS WAY, WAY BROAD AND VAGUE AND I DON'T APPRECIATE HOW YOU BUNDLE THE THINGS TOGETHER LIKE IN ANY GOVERNMENT AND TRY TO RAM THIS STUFF RIGHT THROUGH OUR THROATS AND SAY THIS IS GONNA HOW IT'S GONNA BE SO WE CAN ANNEX.

AND THAT'S HOW THE ANNEXATION GOES WITH THE ZONING.

IF THE, IF THIS PROCEEDS AND, AND ANNEXATION IS FORCED UPON US.

MY NAME IS CHARLENE FAY AND I RESIDE IN MAU COUNTY WITH MY HUSBAND TIM AT 6 0 2 8 FM 42 NEW BRAUNFELS, TEXAS.

TOGETHER WE OWN OVER A HUNDRED ACRES IN MAU COUNTY AT, UH, PROPERTY ID 79 0 0 4 79 0 0 6, AND 79 0 9.

THOSE MAPS I HAVE MARKED TO SHOW WITH OUR LAST NAME FI.

SO YOU CAN SEE WHERE I'M TALKING ABOUT.

AS OWNERS OF THIS, THESE PROPERTIES, WE OPPOSE THE PROPOSED ANNEXATION.

THE DEVELOPMENT AGREEMENTS HAVE EXPIRED AND AS SUCH, I DO NOT UNDERSTAND HOW YOU CAN PROCEED WITH THIS ANNEXATION AND ZONING PROCESS

[02:25:02]

WE DO HAVE QUESTIONS AND ISSUES REGARDING THE PROPOSED ZONING AND NON-CONFORMITY USES.

AND AFTER HEARING ALL THE DISCUSSION TONIGHT, I REALLY THINK WE NEED A CHANCE TO THINK ABOUT THE ZONING THAT IS BEING PLACED IN OUR PROPERTIES, OUR PROPERTIES, THE LAND AND AGRICULTURAL OPERATIONS, LIKE MANY OTHERS HAVE BEEN IN OUR FAMILY FOR OVER 134 YEARS.

WE HAVE HOUSES, BARNS, AND LAND THAT ARE VERY SIGNIFICANT TO OUR FAMILY.

AND THEY BE, THEY'RE CONTINUED TO BE USED BY FIFTH AND SIXTH GENERATION OF, UH, FOUNDING FAMILIES OF NEW BROWN FALLS.

UH, WE WANT TO CONTINUE THESE AGRICULTURAL OPERATIONS AND UPKEEP THE STRUCTURES.

OUR STRUCTURES INCLUDE THREE HOUSES WITH DETACHED GARAGES.

THESE ARE GENERATIONAL HOMES BUILT IN 19 27, 19 48 AND 1987.

WE HAVE FOUR, FOUR BARNS.

TWO OF THEM ARE OVER A HUNDRED YEARS OLD.

TWO METAL SHOPS, ONE SMALL GRAIN SILO, EIGHT SMALLER STRUCTURES, SHEDS, POLE BARNS AND BUILDINGS, TWO CORRALS AND A LOT OF FENCES.

AS YOU CAN SEE, WE WILL BE FORCED TO PAY TAXES ON THREE HOUSES YET RECEIVE LITTLE TO NO BENEFITS AND ALSO BE PAYING FOR A LOT OF PERMITS TO UPKEEP THE STRUCTURES AS TO THE PERMITS.

AND AGAIN, THIS WAS ALL REALLY REHASHED WELL TONIGHT.

UM, WE WOULD LIKE TO PRESERVE AND UPDATE THOSE, OUR, OUR OLD STRUCTURES.

AND WE HAVE CONCERNS ABOUT THE COMPLIANCE ISSUES.

WE'LL BE COMPLIANT TO CODE.

WE HAVE CONCERNS ABOUT HAVING AN EXISTING BARN IN A FLOODPLAIN.

THE DRY COME OUT CREEK RUNS DIRECTLY THROUGH OUR OPERATIONS AND IT IS A MAJOR FLOODPLAIN.

SO, UM, THESE EXISTING STRUCTURES, WE WOULD HOPE THAT THERE WOULD BE SOME WAY TO GRANDFATHER THEM IN THE STATE THAT THEY'RE IN AND ALLOW US TO CONTINUE MAINTAINING THEM WITHOUT HAVING TO GO THROUGH A LOT OF COMPLIANCE ISSUES WITHOUT A DRAINAGE STUDY, WITHOUT A FLOOD STUDY.

UH, THE OLDER TWO HOUSES ARE ON PROPERTY ID 79 0 0 9 AND UM, THEY HAVE BEEN ZONED GENERAL BUSINESS OR PROPOSED TO BE ZONED GENERAL BUSINESS.

AGAIN, WE HAVE CONCERNS WITH THAT BECAUSE WHEN I READ THE UDC, IT SOUNDED LIKE IF THERE WAS A DISASTER, MORE THAN 50% WE COULD REBUILD, BUT THEN IT WOULD HAVE TO BE IN CONFORMITY.

SO COULD WE REBUILD OUR OLD FARMHOUSES, YOU KNOW, AND THESE ARE VERY SENTIMENTAL MENTAL STRUCTURES.

SO, UH, ANOTHER TRACK OF OUR LAND HAS BEEN ZONED, UH, R TWO.

AND AGAIN, I HAVE QUESTIONS ABOUT THAT BECAUSE A LARGE PART OF THAT IS IN A FLOODPLAIN AND I DOUBT WE'RE GONNA HAVE A SUBDIVISION DEVELOPED DOWN THERE.

SO ALTHOUGH I AM VERY, HAVE A LOT OF QUESTIONS ABOUT ZONING RIGHT NOW, WE ARE RESIDENTIAL AND AGRICULTURAL AND RA ZONING SEEMS TO WORK FOR US.

I AM OPEN TO MEETING AND LEARNING MORE ABOUT THE OTHER ZONINGS IF THAT'S REQUIRED.

UM, I THANK YOU FOR YOUR TIME.

AS TO THE COMPREHENSIVE USE PLAN, I DO WANT TO POINT OUT THAT I HAVE COME TO, UH, MEETINGS MANY, MANY YEARS AGO TO ADDRESS THAT USE PLAN.

AND IT ALL, OUR COMMENTS JUST FELL ON DEAF EARS.

SO I FINALLY GAVE UP.

SO TO SAY THAT YOU CAN JUST ZONE US PER THAT PLAN IS, UM, TO ME JUST TOTALLY UNFAIR.

I'D ALSO JUST LIKE TO QUICKLY POINT OUT ON THOSE MAPS, YOU'LL SEE THAT OUR LAND KIND OF JUTS OUT.

WE HAVE LARGE NEIGHBORS ON THREE SIDES OF US, ONE BEING CAPITAL AGGREGATES, THE OTHER BEING DEAN WORD CONSTRUCTION COMPANY, AND BEHIND US DEAN WORD.

SO THREE SIDES OF US ARE COVERED BY AGGREGATE OPERATIONS, AND YET YOU'RE LOOKING AT REACHING AND THEY'RE GRABBING US AND ZONING US SOMETHING WHILE THESE LARGE OPERATIONS ARE NOT BEING ANNEXED AND THEY CAN DO WHATEVER THEY WANT TO DO, YET YOU'RE GONNA COME DOWN ON US, THE OLD FARMERS AND, UH, ZONAS AND WE PAY THEM PERMITS AND EVERYTHING ELSE.

IT JUST DOESN'T SEEM FAIR.

GOOD, GOOD EVENING EVERYONE.

UH, THANKS FOR ALLOWING ME TO ADDRESS YOU THIS EVENING.

I'LL TRY TO KEEP THIS BRIEF.

UH, MY NAME IS SANDRA RAY AND I LIVE AT 5 8 8 7

[02:30:02]

FM 4 82.

NEW BRAUNFELS.

UH, I OWN APPROXIMATELY 122 ACRES OF YOU ARE PROPOSING TO ANNEX AND ZONE IS MANUFACTURING DISTRICT LIGHT OR M1.

UH, I WANNA GIVE YOU, I AND, AND I WANNA POINT OUT I, MY PROPERTY IS UNDER SIX DIFF UH, FIVE DIFFERENT PS UH, PROPERTY IDS.

UH, I WANNA GIVE YOU A LITTLE, UH, HISTORY OF OUR BACKGROUND.

UH, MY A MY ACREAGE HAS BEEN UNDER AGRICULTURAL OPERATIONS FOR ALMOST 140 YEARS BY THE FAMILY.

AND THE LAND WAS PASSED TO MY HUSBAND AND I AND WE'VE CONTINUED THE AGRICULTURAL OPERATION FOR THE PAST 50 YEARS.

UH, UNFORTUNATELY MY HUSBAND PASSED AWAY, BUT I'VE CONTINUED THIS OPERATION WITHOUT MY CHILDREN AND GRANDCHILDREN.

AND FORTUNATELY THEY PLAN TO CONTINUE WITH, UH, THE AG IN THE FUTURE.

SO I APPRECIATE, UH, THAT WE'RE GONNA BE ABLE TO RETAIN THE AGRICULTURAL OPERATION IF WE ARE ANNEX.

AND, UH, I, I KNOW THIS, UH, HEARING TONIGHT IS ABOUT ZONING AND NOT, UH, ABOUT THE ANNEXATION, BUT I WOULD LIKE TO GO ON RECORD THAT I AM STRONGLY OPPOSED TO THE ANNEXATION AND I DO NOT CONSENT TO ANY VOLUNTARY ANNEXATION.

AND AS WE'VE DISCUSSED, OUR AGREEMENTS HAVE EXPIRED.

AND I WOULD QUESTION OR WOULD LIKE TO UNDERSTAND, I THOUGHT THE LAWS HAVE CHANGED, THE TEXAS LAWS HAVE CHANGED AND THEREFORE WE AS THE OWNER HAD A LITTLE BIT MORE RIGHT.

THAT BEING SAID, HOWEVER, IF THE ANNEXATION CONTINUES, I WOULD LIKE THE OPPORTUNITY TO MEET WITH THE COMMISSION, UH, OR THE, THE PLANNING AND ZONING COMMISSION TO DISCUSS THE PROPOSED PRO UH, PROPERTY.

AS I MENTIONED, ALL MY PROPERTIES ARE ZONED AS M1.

NOW THIS PROPOSED ZONE DOES ZONING, DOES INCLUDE MY RESIDENTIAL HOME ALONG WITH THE SOME ACREAGE AROUND IT.

AND I WOULD LIKE TO UNDERSTAND IF THIS IS REALLY THE CORRECT ZONING OR SHOULD IT BE, UH, RA OR R TWO.

AND I'M ALSO CONCERNED WITH ALL THE PROPERTY AS WAS BEEN DISCUSSED, IF THERE IS A MAJOR DISASTER NOW, SOMETHING GOT OUT OF OUR CONTROL.

UH, THE CURRENT UNIFIED DEVELOPMENT CODE CHURCHES UNIFIED DEVELOPMENT CODE DOES SUGGEST THAT I COULDN'T REBUILD IT 'CAUSE I'D BE IN NON-CONFORMANCE.

UH, AS FAR AS THE REST OF THE PROPERTY, UH, I UNDERSTAND BASED ON Y'ALL'S PRESENTATION THAT M1 SEEMS TO BE WHAT IS BEING PROPOSED.

I WOULD LIKE ALSO THE OPPORTUNITY TO DISCUSS AND UNDERSTAND THE PROS AND CONS OF WHY IT'S NOT, UH, INDUSTRIAL OR POSSIBLY, UH, HEAVY, UH, AND, UH, HEAVY MANUFACTURING.

SO, UH, AGAIN, THANK YOU FOR YOUR TIME AND I HOPE WE CAN SET UP A MEETING TO MEET IN THE NEAR FUTURE.

HELLO, MY NAME IS MELISSA ZIP.

UM, THIS IS IN REFERENCE TO PROPERTY 7 8 9 7 6, WHICH IS AT 60 80 FM 4 82.

WE ARE ADJACENT TO THE TWO PEOPLE WHO JUST SPOKE.

AND UH, MY CONCERN IS THAT IT'S PROPOSED TO BE R TWO.

WITH ALL THIS CONVERSATION TONIGHT, I FEEL LIKE R TWO MIGHT BE ABLE TO DO, UM, AGRICULTURAL PROPERTY, UM, ACTIVITIES.

BUT THIS IS A SMALL FAMILY FARM.

IT IS ONLY 11 ACRES, BUT WE GROW CROPS, WE HAVE CATTLE, WE HAVE SHEEP.

AND SO IS R TWO APP APPRO APPROPRIATE OR SHOULD IT BE RA? AND UH, JUST TO GO ON RECORD, WE ARE AGAINST ANNEXATION.

BUT WHEN YOU CREATE A NON-CONFORMANCE PROPERTY OR STRUCTURE, THEY'RE NOT GONNA WANNA LOAN YOU THAT MONEY.

MY NAME'S LLOYD FAIRLEY.

I'M AT, UH, 12 2 90 LOWER SEIN ROAD.

I'M NOT IN THIS AREA OF ANNEXATION, BUT I WANTED TO BRING UP A POINT 'CAUSE IT FOLLOWS THROUGH ALL OF YOUR, YOUR ANNEXATION OR ZONING AREAS.

UH, FIRST I WAS REALLY INTRIGUED AT HOW LONG IT TOOK YOU GUYS TO GET THROUGH THAT AMENDMENT.

UM, HONESTLY, THE SMALLEST LOT SIZE IS AN, IS AN ACRE IN GUADALUPE COUNTY.

FOR SEPTICS, ANYTHING LARGER THAT REQUIRES THREE CITY SERVICES HAS TO BE PLATTED.

UM, BUT THE POINT I WANT TO MAKE IS WHEN YOU'RE ZONING PROPERTIES OUTSIDE OF THEIR, THEIR USE IN DETERMINING BUILDINGS AND PROPERTIES TO BE NON-CONFORMANCE, YOU MIGHT BE PUTTING THESE PEOPLE AT A REAL DISADVANTAGE.

SO LET ME POINT OUT THAT WHEN WE NEED TO BUILD A SMALL SHED, 4,000 SQUARE FEET OR BIGGER, BECAUSE THAT'S WHAT WE NEED, WE HAVE TO BORROW MONEY.

YOU CAN'T NECESSARILY GO DOWN TO THE BANK TO BORROW THAT MONEY.

YOU GOTTA GO TO A PLACE LIKE THE LAND BANK.

YOU MIGHT GET LUCKY IF YOU GO TO THE BANK,

[02:35:01]

NOT ONLY WILL THEY NOT LOAN IT MONEY TO YOU WITH A NON-CONFORMANCE, BUT ALSO IF YOU'RE IN AN INCORPORATED CITY CAPITAL LAND BANK WILL NOT LOAN YOU MONEY.

ALSO, IF YOU HAVE A HOME AND IT'S A NON-CONFORMING STRUCTURE, YOU WILL NOT GET, BE ABLE TO GET A NORMAL MORTGAGE BECAUSE THOSE MORTGAGES CANNOT BE SOLD THROUGH THE GSE ENTITIES SUCH AS FANNIE MAE, FREDDIE MAC.

SO THE INTEREST RATES WILL BE HIGHER.

SO BY CREATING THESE NON-CONFORMIST, ZONINGS TAKING RA AND TURNING IT INTO R TWO, YOU'RE, YOU'RE PUTTING A BURDEN ON THESE PEOPLE.

THEY NEED TO BE ABLE TO AFFORD TO FIX THEIR PROPERTIES, BUILD NEW PROPERTIES, BUILD HOMES FOR THEIR KIDS, AND NOT HAVE THAT BURDEN OF A NON-CONFORMANCE SITUATION.

I THINK YOU SHOULD RECONSIDER AND ZONE THE PROPERTIES FOR THE USES THAT THEY'RE BEING USED FOR RIGHT NOW.

OTHERWISE, IT'S A FORM OF AMORTIZATION, I BELIEVE IS A WORD THAT THE STATE HAS THAT SAYS YOU'RE BASICALLY DISADVANTAGING THESE PEOPLE UNTIL THEY FINALLY GIVE UP AND LEAVE.

I WAS LEFT IN THE SHOWER WITH THE CONDITIONER OF MY HAIR AS MY DAD WENT TO FIX THE HOLDING TANK.

ANYONE ELSE? I AM A LITTLE SHORT.

WELL, THAT'S ALL RIGHT.

MY NAME IS REBECCA KERMAN.

I LIVE AT 52 22 NATURE PATH IN THE PARKLAND SUBDIVISION.

I AM WITHIN SAID ZONE OF THE GENERAL BUSINESS OFF OF ECKHART ROAD, AND I AM OPPOSING THE GENERAL BUSINESS, UM, OPPOSITION TO DO ANYTHING.

YOU, COMMISSIONER OUTLAW, UM, ASKED THE QUESTION IF YOU, WHAT IF WE HAD AN R TWO OR A GENERAL BUSINESS, IF WE DIDN'T WANT ANY OF THAT, WHAT, WHAT WOULD OUR ANSWER BE? MY ANSWER IS NOTHING.

THAT IS MY ANSWER.

UM, IF YOU REMOVE ANY OF THE AGRICULTURAL DEVELOPMENT WITH ON ECKHART ROAD OR ANY OF THE OTHER SUBDIVISIONS, UM, ON THE OTHER SIDE OF 35, YOU WERE REMOVING FUTURE BENEFITS OF ALL FFA AND FOUR H MEMBERS AND THEIR FAMILIES THAT HAVE BEEN THERE FOR GENERATIONS AND ANY CHANCE THAT THEY PROVIDE FOR THEIR LIVESTOCK OR CATTLE TO SHOWCASE AT RODEOS AND FUTURE EVENTS, AUCTIONS, THINGS OF THAT SORT.

UM, IN RECENT POSITIONS IN THE LAST SEVERAL MONTHS, WE HAVE HAD NUMEROUS AMOUNT OF ANIMALS BEING STRAIGHT AND DUMPED ON OUR SUBDIVISION PROPERTIES.

WE HAVE ALSO HAD VEHICLE BREAK-INS AND HOME BREAK-INS.

SO IF WE GET THIS GENERAL BUSINESS, DEPENDING ON WHAT IT MAY BE THAT'S GONNA RISE, OUR PROPERTY VALUES ARE GONNA GO DOWN.

NO ONE IS GONNA BE WANTING TO COME INTO OUR SUBDIVISIONS.

SO WITH THAT, I'M GONNA ASK YOU, WITH ECKHART ROAD BEING A SMALL COUNTRY ROAD, WHAT IS THE CITY GONNA DO TO SUPPORT THE INFRASTRUCTURE OF THAT ROAD ITSELF? WHEN WE HAVE KAMAL COUNTY ISD BUS STOPS WHERE WE HAVE, UH, GENERAL RESIDENCE FROM ALL THREE DIFFERENT SUBDIVISION AREAS, MY QUESTION TO Y'ALL IS WHAT ARE YOU GONNA DO TO SUPPORT IT? IF YOU WERE LIVING IN OUR SUBDIVISION, WOULD YOU BE OPPOSED OR WOULD YOU BE FOR IT? FOR WHAT WE HAVE AND WHAT WE HAVE BEEN DOING SOME FOR SEVERAL GENERATIONS OF ALMOST 200 YEARS, US SOME HAVE MOVED IN FOR THE LAST COUPLE OF WEEKS.

SOME HAVE BEEN HERE FOR A COUPLE OF MONTHS, SOME HAVE BEEN JUST IN UNDER FIVE YEARS.

SO AGAIN, WHAT ARE YOU GONNA DO? THANK YOU.

HELLO, MY NAME IS ANNABELL GONZALEZ.

GRAB THAT MICROPHONE PULLED.

THERE YOU GO.

HELLO, MY AUNT NAME IS ANNABEL GONZALEZ AND I AM OPPOSED TO THE, AN ACIDITY AND THE RECOGNIZING I WANT THE LAND OF GROWN UP ON IT AND HO AND HOPEFULLY WILL OWN TO STAY THE SAME.

I GET RULES, BUT WHY FORCE RULES WHEN WE ARE NOT BREAKING THEM, MY DAD HAS TO BURN AS WE DO NOT HAVE TRASH SERVICE.

HE DOES BURN METAL.

HE DOES NOT BURN METAL.

'CAUSE WE, AS WE SELL THEM, THE ONLY BURN WE HAVE NEEDS REPAIRS.

IT'S ONLY, IT'S OVER 20 YEARS OLD.

OUR ANIMAL, OUR ANIMALS NEEDS SHELTERS.

WE DO NOT NEED OUR ANIMALS NEED SHELTERS.

DO WE NEED SPECIAL PERMISSION FOR THAT? WHAT HAPPENS IF IT'S AN EMERGENCY? MY PARENTS NO LONGER LET US OFF THE LAND TO PLAY WITH MY, TO PLAY WITH OUR HORSES WITHOUT THEM, WITHOUT THEM AS THERE'S DANGEROUS PEOPLE AND SPEEDING CARS.

WE DO NOT HAVE INTERNET AT MY, AT OUR HOUSE OR CITY WATER.

MATTER OF FACT, I WAS LEFT TO SHOWER.

[02:40:01]

MY PARENTS PAY YEARLY TO HAVE OUR SPECTIC PUMPED.

SO NOT SURE HOW CHANGING RULES WILL HELP US.

I DON'T WANT TO GET RID OF MY ANIMALS AS, AS THEY'RE PART OF MY FAMILY AND MY IDENTITY.

I, I DO, I DON'T WANT TO BE LIMITED BY HOW MANY OR WHAT KIND, WHAT KIND OF ANIMALS I HAVE.

MY PARENTS HAVE WORKED HARD, HARD, VERY HARD AND PROMISED TO CONTINUE TO ME, ME AND MY SIBLINGS WILL BE, WILL WE RIDE ALONG WITH THEM? THANK YOU.

ANYONE ELSE? HELLO? ONCE AGAIN.

UM, AGAIN, 360 BIG JOHN LANE, 71, 3, 2.

UM, I SEE A LOT OF MY NEIGHBORS THAT I DIDN'T EVEN KNOW.

UM, THE PARKLANDS WERE THE PARKLANDS WERE THE PARKLANDS IS NOW.

UM, WE'RE THE GUYS THAT RIDE THE HORSES AND SOMETIMES YOU HEAR US YELLING AT THE ANIMALS.

THAT'S US.

UH, SO I APOLOGIZE FOR THE NOISE.

I AM ALL FOR CHANGE.

I UNDERSTAND CHANGE HAPPENS, BUT AS LONG AS IT'S, IT DOESN'T AFFECT THE PEOPLE THAT HAVE TRADITION, YOU KNOW? UM, WHEN WE MOVED INTO THE LAND, LIKE I SAID, THIS LAND HAS BEEN IN THE FAMILY FOR QUITE SOME TIME.

UM, SOMEONE TOLD ME THE SAYING, I SPEAK SPANISH, IT'S MY FIRST LANGUAGE.

THEY TOLD ME, UH, IF YOU WANT TO HUMOR, GOD MAKE PLANS.

I MADE PLANS.

AND UH, LATER ON WE FOUND OUT ABOUT THE ANNEXATION, THE ZONING, SO ON AND THE FORTH.

AND, UH, I HOPE IT HUMORED GOD.

AT THE SAME TIME IT TAUGHT ME AND MY FAMILY THAT SOMETIMES THE GREATEST THINGS, IF THEY'RE ACTUALLY GREAT, THEY'RE, YOU KNOW, AND THEY'RE WORTH FIGHTING FOR.

UH, YOU'LL GIVE IT EVERYTHING YOU'VE GOT.

I'M TRYING TO TEACH MY CHILDREN THAT THOSE THAT YOU KNOW, THAT'S STUNNED FOR NOTHING WILL FALL FOR EVERYTHING I'VE ASKED.

HAS ANYONE ACTUALLY FOLLOWED THE MONEY? AND THE REASON I SAY THIS IS THAT TO SOME OF Y'ALL MIGHT BE SURPRISED, I AM LITERALLY THE FOREFRONT OF THE PARKLANDS ENTIRE PARKLANDS, UH, AREA.

USED TO BE THE FAMILIES LAND.

SO THIS IS WHY WE STILL RIDE THE HORSES.

AND SOMETIMES OUR DOGS STILL GO INTO THE AREAS THAT THEY'RE USED TO.

SO I APOLOGIZE FOR THAT.

WE WERE APPROACHED BY DEVELOPERS AND I, I GET, I DON'T WANT TO BRING THIS BECAUSE I DON'T WANNA BRING NEGATIVITY.

WE WERE TOLD WE WERE GONNA BE FORCED OUT.

AND I DON'T KNOW IF Y'ALL ARE AWARE, I'M SURE SOME OF Y'ALL MIGHT BE, SOME OF Y'ALL MIGHT NOT BE HUNTING SEASON.

DOVE SEASON.

AN ATTORNEY SHOWED UP TO, UH, OUR PROPERTY WEARING CAMO AND A BRIEFCASE FUNNIEST SIGHT AND TOLD US THAT, UM, JUST TO LET US KNOW THAT THEY WERE GONNA BE TAKING OVER EVERYTHING.

THOSE WERE THE WORDS.

UH, TO OUR NEIGHBOR THAT DOESN'T HAVE WATER.

THAT AREA WHERE YOU LIVE AT USED TO BE THE FAMILIES TOO.

THEY PURPOSELY LANDLOCKED US ILLEGALLY.

AND WE HAD TO SPEND THOUSANDS OF DOLLARS TRYING TO GO TO COURT TO DO SOMETHING THAT IS, THAT I SHOULDN'T HAVE A RIGHT TO BE ABLE TO DRIVE INTO MY HOME.

WHY? BECAUSE THE EASTMANS WERE BEING DISPUTED.

NOW, I'M NOT A LAWYER AT ALL, BUT TO ME, SOMETHING TELLS ME THAT THERE'S SUCH THINGS AS GRANDFATHER RIGHTS THAT LAND, THOSE EASEMENTS HAVE BEEN USED FOREVER.

THE LAND HAS BEEN USED FOREVER.

YOU ASK, WHAT CAN WE DO TO SOLVE SOME OF THESE ISSUES? TO ME, IT'S VERY SIMPLE.

WE'RE TALKING ABOUT, YOU KNOW, UH, ZONING, WHAT AREAS, UH, HOW MUCH HOUSES WE CAN PUT INTO A CERTAIN PLACE, SO ON AND SO FORTH.

AT WHAT TIME DOES IT ACTUALLY STOP BEING FARMLAND? IT'S ALL ABOUT DEFINITION, PERSPECTIVE AND HOW IT'S INTERPRETED.

YOU SEE, I HAVE A LABOR OVER HERE THAT I HARDLY EVER SEE.

I SEE THEM MOWING THEIR LAWN.

GENTLEMEN RIGHT THERE.

HE DOES MORE FOR MY STREETS THERE THAN THE CITY.

AND THE, THE COUNTY DOES.

I'M NOT KIDDING.

THANK YOU FOR EVERYTHING YOU'VE ALWAYS DONE.

I APPRECIATE THAT.

UM, MY SOLUTION TO THIS WAS BE SIMPLE.

GOING BACK TO WHAT YOU WERE SAYING, MR. RADLER, I DON'T THINK IT WOULD BE A PROBLEM IN MY OPINION, IF YOU COULD HAVE A CERTAIN AMOUNT OF OUS, SO ON AND SO FORTH, AS LONG AS IT'S NOT PASSED DOWN OR NOT PASSED DOWN, BUT SOLD.

[02:45:02]

AND I, AND THAT GOES INTO THE LEGALITIES OF WHAT THE OTHER GENTLEMAN WAS TALKING ABOUT WHEN IT COMES TO FINANCING LEGALITIES.

I THINK THAT WE COULD BYPASS SOME OF THOSE THINGS AND ALL WE'RE ASKED TO BE GRANDFATHERED IN INTO SOMETHING.

IT'S NOT GRANDFATHERED.

WE ARE NOT ENCROACHING ON YOU.

ALL YOU'RE ENCROACHING ON US IS THIS, THAT TEXAS, AT WHAT TIME DO WE STOP BEING TEXAS TO WHERE NOW WE'RE BEING OVERLY REGULATED.

YEAH, I UNDERSTAND.

I UNDERSTAND.

EVERYONE'S FRUSTRATED.

I'M EXTREMELY HURT BECAUSE AT THIS MOMENT, AND I HAVE TO SAY THIS ONLY BECAUSE, UH, MY OLDEST DAUGHTER, WHO I HAD PROMISED WAS GONNA BE ABLE TO LIVE AT THE LAND BECAUSE I'M A LAW ABIDING PERSON.

I, I NEED THAT.

I DID NOT BUILD A HOUSE FOR HER.

EXCUSE THAT.

AND NOW SHE HAD TO MOVE OUT AND LEAVE THE STATE.

YOU NEED, YOU NEED TO WRAP IT UP, PLEASE.

WILL DO.

SO IT HAS AFFECTED MY FAMILY.

I'M ASKING FOR HARDSHIP, A VARIANCE, WHICH IS I AM ALLOWED TO ASK FOR THAT.

AND I ASK THAT Y'ALL LOOK INTO THAT.

UH, BECAUSE I AM ALLOWED TO ASK FOR VARIANCE AND RELAXING THOSE RULES THAT HAVE BEEN IMPOSED AND HAVE SUFFOCATED FINANCIALLY.

AND I KNOW THAT THAT'S THE WHOLE PURPOSE OF SOME OF NOT YOU ALL TO SUFFOCATE THE FINANCES SO WE CAN SELL, AT LEAST IN OUR CASE, I'M NOT SELLING, I'M NOT GOING ANYWHERE.

THANK YOU .

I, I, I'VE HAD THIS DISCUSSION WITH, AND, AND, AND HE LEFT.

THIS IS NOT A TWO-WAY CONVERSATION, BUT I'M GONNA BREAK THE RULES HERE AND TELL YOU THE PROPER FORUM FOR YOUR COMPLAINT ABOUT WATER'S CITY COUNCIL.

NOT THE PLANNING AND ZONING COMMISSION.

NO, SIT DOWN.

WE'RE NOT GONNA HAVE A DISCUSSION.

DONE IT.

NO.

DONE IT.

NO, WE CAN'T HELP YOU.

WE HAVE NO AUTHORITY OVER UTILITIES.

WHO ELSE WANTS TO ADDRESS THIS? PLEASE COME UP HERE.

HELLO, MY NAME'S MIKEY MCMAN.

I LIVE AT 52 22.

UH, NATURE PATH.

I'VE ONLY BEEN TO A COUPLE OF THESE THINGS SO FAR SINCE I FOUND OUT ABOUT 'EM, BUT, UH, SO FAR JUST ABOUT EVERYTHING ALL THE RESIDENTS HAVE SAID OF PRETTY MUCH SEEMINGLY FALLEN ON NOTHING BUT DEAF EARS.

PLEASE CONSIDER THE LIVES THAT YOU'LL BE CHANGING.

ANYBODY ELSE? OF COURSE, YOU'RE MORE THAN WELCOME.

DOESN'T MATTER WHERE YOU LIVE, YOU'RE MORE THAN WELCOME TO SPEAK OF THE NEXT ONE TOO.

'CAUSE IT'S THE SAME KIND OF THING.

NO, YOU'VE ALREADY BEEN UP HERE ONCE YOU , TRUST ME.

I, YOU KNOW, IT'S, IT'S, UH, WE SIT UP HERE AND WE'RE NOT DEAF.

WE HEAR YOU AND WE HEAR A LOT OF THE SAME THINGS OVER AND OVER AGAIN.

SO ON THIS PARTICULAR TOPIC, ANYBODY ELSE? ALRIGHT, COME ON UP, SIR.

THAT'S WHY I KEEP ASKING .

SO, UH, MY NAME'S MARK REYES.

UH, I LIVE AT 1 2 3 3 0 LOWER SEIN ON, UH, ABOUT 20 ACRES.

BEEN OUT THERE SINCE ABOUT 86, 89.

UM, IT'S ALWAYS WAS MY DREAM TO OWN A PIECE OF PROPERTY.

UM, THIS PLACE IS OVER A HUNDRED YEARS OLD.

UH, IT WAS PART OF 185 ACRES THAT I'VE WATCHING OVER WHILE I WAS A RENTER OUT THERE.

UH, TOLD GERMAN LADY.

ANYWAY, LONG STORY SHORT, THEY PASSED AWAY.

UM, ASKED US TO WATCH THE PLACE, UH, FINALLY WENT UP FOR SALE.

UH, THEY GAVE ME THE CHOICE OF, WELL THEY, THEY PLOTTED IT OUT, DIVIDED IT UP AND THINK IT WAS SOLD TO FOUR DIFFERENT FAMILIES.

FAIR LEASE.

ONE, TWO OTHER PEOPLE.

UM, I PICK THE HOMES AND UH, COOL BARNS AND STUFF.

AND WHAT WORRIES ME TO DEATH IS, YOU KNOW, UH, I'VE GOT THE CATTLE OUT THERE.

I'M NOT A FARMER.

I DON'T BREED THE COWS.

I JUST HAVE 'EM OUT THERE FOR THE TAX PURPOSES.

AND IT ACTUALLY IS IT, I'M PROBABLY BUSTING EVEN BY HAVING THEM IN WHAT I PAY WITH TAXES.

AND ALL MY HOMES ARE A HUNDRED YEARS PLUS OLD.

I'VE LEARNED HOW TO WORK ON THEM.

UH, I'VE GOT MY OWN.

WELL, WATER'S ALWAYS TESTED

[02:50:02]

FINE FOR ME.

I FIX THAT WHEN IT GOES DOWN.

BUT I HAVE BARNS THAT ARE A HUNDRED PLUS YEARS OLD THAT'S NON-COMPLIANCE.

IT SCARES ME TO DEATH.

SOMEBODY'S GONNA COME OUT THERE, TELL ME I GOTTA TEAR THESE THINGS DOWN.

THEY'RE STRUCTURALLY NOT, UH, I'M NOT GONNA SAY NOT SAFE, BUT, UH, THERE'S A LOT OF HISTORY TO 'EM.

UM, I'M A SINGLE GUY.

I DON'T HAVE KIDS.

I DON'T LET PEOPLE, THE PLACES FENCED AND NOBODY IS NOT A HAZARD TO ANYBODY.

I ACTUALLY LIKE KEEPING IT AROUND FOR HABITAT FOR OTHER CRITTERS OUT THERE.

I'M JUST SCARED TO DEATH THAT SOMEBODY'S GONNA COME OUT THERE AND TELL ME.

I'VE GOTTA TEAR IT DOWN.

I'VE HAD A, A HOME BURN DOWN WHERE I LOST EVERYTHING.

I OWN THE FIRE TRUCKS, COULDN'T GET BACK THERE, VOLUNTEER BACK THEN.

I HAD TO DIVE OUT MY WINDOW, UM, AND THEN WATCH THESE GUYS WATCH IT BURN DOWN THE GROUND 'CAUSE OF THERE'S NO WATER.

BUT I GOT A FIRE HYDRANT RIGHT IN FRONT OF MY DAMN HOUSE.

UH, I'M AFRAID SOMEBODY'S GONNA COME OUT THERE AND TELL ME I GOTTA CLEAN THE THING UP.

THAT WAS LIKE 15 YEARS AGO.

I MEAN, IT'S BASICALLY BURNED.

THERE'S NOTHING TO CLEAN UP ANYMORE.

BUT, UM, THAT TO BE SAID, UM, UH, I DIDN'T PLAN ON EVER MOVING.

UM, LIKE YOU SAID, UH, UH, DEVELOPMENT IS HAPPENING ALL AROUND US.

UH, I DON'T, I'VE GOT TWO SIDES OF GOOD NEIGHBORS THAT I DON'T THINK WILL EVER SELL.

I'M SANDWICHED IN BETWEEN THEM.

AND, UM, JUST HOPE YOU GUYS CAN GRANDFATHER IN SOME THINGS.

UH, I'VE CALLED PLANNING, TALKED WITH A REALLY NICE GIRL, EMILY.

I, I GUESS, AND I'M, SHE KIND OF ASSURES ME OVER THE PHONE THAT WE CAN DISCUSS THIS AND, UM, IF IT COMES DOWN TO HAVING TO WRECK OUT SOME BARNS, I GUESS THAT'S THE LEAST OF MY CONCERNS.

BUT, UM, MAYBE MY HOUSE OTHER THINGS WILL BE NOT GRANDFATHERED IN IT AND I'M NOT, I'M NOT ABLE TO AFFORD TO FIX IT.

IT IS, UM, GET OVER TO MY NOTES PAGE HERE.

IT IS, UH, 8:52 PM AND THE PUBLIC INPUT PORTION OF THIS HEARING IS CLOSED.

COMMISSIONERS, WHO HAS COMMENTS OR QUESTIONS? I HAVE A COUPLE QUESTIONS IF WE COULD START, OR IF I COULD START, UH, MR. CHAIR.

GO AHEAD.

YEAH, SO, UM, THERE ARE A COUPLE IS OR POINTS RAISED ABOUT, UM, ACCESS TO EMERGENCY SERVICES.

UM, SO IF THESE PROPERTIES ARE ANNEXED, WOULD THEY THEN BE INVOLVED IN FUTURE PLANNING IN, IN TERMS OF WHERE WE PUT, UM, EMERGENCY STATIONS? ESSENTIALLY THEY, YEAH.

SO LET ME SAY THIS, THESE PROPERTIES, BECAUSE WE HAD ANTICIPATED ANNEXING THEM ARE INVOLVED PRESENTLY IN PLANNING FOR FUTURE EMERGENCY SERVICES.

UM, IF WE ANNEX THEM, THAT WOULD CONTINUE.

UM, AGAIN, I SUPPOSE IF WE, IF WE DID NOT ANNEX THEM AND I WE'RE NEVER PLANNING TO ANNEX THEM, UH, THAT WOULD LIKELY AFFECT OUR PLANNING, UH, FOR THEM IN THE FUTURE.

UM, THE OTHER POINT WAS BROUGHT UP ABOUT THERE WAS STUFF ADVERTISED AS BEING RESIDENTIAL.

I KNOW THIS COULD ALSO JUST BE A REALTOR PUTTING UP A SIGN THAT SAYS IT'S RESIDENTIAL.

NOTHING HAS CHANGED AS FAR AS WHAT'S BEEN PRESENTED GOING FORWARD.

SO THE ONE THING THAT'S CHANGED FAIRLY RECENTLY IS THE CITY UPDATED OUR COMPREHENSIVE LAND USE PLAN.

AND THAT'S CHANGED.

BUT, BUT AGAIN, I I TOOK PART OF THE REFERENCE TO BE WHAT THE BUILDER AND THE MODEL HOME FOLKS SHOWED THEM SHOWS THIS AS UNDEVELOPED AGRICULTURAL, IT'LL NEVER BE ANYTHING, WHATEVER.

AND AGAIN, IF I HAD A QUARTER YEAH.

FOR EVERY TIME SOMEBODY SAID, WELL, THE BUILDER TOLD ME I'D BE LIVING IN THE BAHAMAS AND NOT YEAH.

THIS AT THIS POINT, GIVEN HOW OLD I AM.

THE, UH, THE, THE, THE POINT RAISED ABOUT THE NIGHTCLUBS AND, UH, BARS AND STUFF LIKE THAT.

ARE ANY OF THOSE, UH, SPECIAL USE PERMITS? OR ARE THEY, LET ME LET EMILY CHECK.

I DON'T THINK THEY ARE.

SO HYPOTHETICALLY THEY COULD BE ALLOWED.

SO LET'S SAY SHIRTS BECOMES A LARGE AREA FOR A NIGHTCLUB DESTINATION.

THAT.

UM, AND THE, THE CURRENT DEFINITE, OR THE CURRENT TERM IN THERE IS DANCE HALL NIGHTCLUB, BUT IT DOESN'T, THE DEFINITION DOESN'T INCLUDE ANYTHING ABOUT

[02:55:01]

ALCOHOL.

I MEAN, ARE WE ASSUMING THAT THEY WOULD SELL ALCOHOL? 'CAUSE A LOT OF OTHER THINGS FUNCTIONS, THEY'LL SELL ALCOHOL.

THERE'S NOT A PROHIBITION NECESSARILY FOR A RESTAURANT.

UM, OR, OR A NIGHTCLUB BAR TO SELL ALCOHOL.

IT'S JUST DISTINGUISHED.

AND AGAIN, IT'S CORRECT BASED ON SORT OF OUR DEFINITION OF THE UDC AND THEN WHAT TYPE OF PERMIT THEY HAVE FROM TABC.

UM, OKAY.

AND WE'VE ALREADY COVERED THAT.

AGRICULTURAL USES WHATEVER ZONING IS APPLIED THROUGH THE NON-CONFORMING USE.

W WE, WE HAVE NO, I'LL, I'LL SAY THIS BECAUSE GENERALLY, AND I APPRECIATE CHAIR PERSONNEL LAW SAYING IF YOU DON'T LIKE WHAT YOU'RE PROPOSED TO BE ZONED, LET ME KNOW WHAT YOU WOULD LIKE TO BE ZONED.

SO THE CITY HAS AN AD IN AGRICULTURAL DISTRICT, WHICH ALLOWS AGRICULTURAL USES BY RIGHT.

WHICH WOULD OVERCOME MANY OF THE OBJECTIONS OR FRANKLY, ALL OF THE OBJECTIONS THAT YOU'VE HEARD FROM THE PROPERTY OWNERS TO BE ANNEXED ABOUT NON-CONFORMING USES WHAT THEY COULD OR COULDN'T DO.

IT HAS A MINIMUM FIVE ACRES.

SO CERTAINLY THE COMMISSION IN DEFERENCE AND HAVING RECOMMENDED ON OUR COMPREHENSIVE PLAN, KNOWING THERE'S SECTIONS THAT TALK ABOUT AGRICULTURAL USES AND THE FACTORS INVOLVED IN THE ZONING CASES CERTAINLY COULD FIND THAT AD WOULD BE MORE APPROPRIATE FOR THESE PROPERTIES IF, IF YOU CHOSE.

THERE'S, THERE'S PROBABLY A BASIS BECAUSE OUR COMP PLAN TALKS ABOUT THE AGRICULTURAL CHARACTER, THE RURAL CHARACTER.

AGAIN, IN, IN WHAT YOU'VE HEARD FROM EVERYONE HERE WHO, WHO OWNS PROPERTY IS THEY DON'T WANT TO CHANGE THAT AGRICULTURAL USE.

THAT'S NOT GOING TO CHANGE IN THE FUTURE.

AND SO THIS WOULD ALLOW THEM TO CONTINUE THAT USE IN PERPETUITY AS A CONFORMING USE WOULDN'T AFFECT THEIR, THEIR LOANS.

IT WOULD JUST RESTRICT THEM TO THAT USE.

BUT THAT'S WHAT THEY INTEND TO DO GOING FORWARD.

IF YOU WANTED TO RECOMMEND OF THAT.

AND, BUT THERE'S NOTHING, SO LET'S SAY WE GRANTED AD FOR, I DON'T WANNA SAY ANYBODY WHO REQUESTED IT.

I MEAN OUR, I DON'T THINK WE WOULD DO A MASS INSTEAD OF R TWO AD, BUT YOU COULD, UH, WE YEAH, BUT I MEAN, THERE'S NOTHING STOPPING THE NEXT PERSON FROM COMING IN AND REZONING REQUESTING A REZONE.

BUT AGAIN, A RESIDENTIAL HOME ISN'T ALLOWED USE.

WHICH IT IS IN THE R TWO, JUST A DIFFERENT MINIMUM SIZE REQUIREMENT.

BUT AGAIN, THE AD DISTRICT AGRICULTURAL DISTRICT ALLOWS THOSE AGRICULTURAL USES AND BARNS AND THINGS LIKE THAT, BUT RIGHT.

SO YOU DON'T HAVE A NON-CONFORMING CONDITION.

AND THAT SEEMS TO BE THE GENERAL INPUT THAT YOU'VE HEARD FROM EVERYONE WHO OWNS PROPERTY.

AND I'M CONCERNED WITH EMERGENCY SERVICES.

HOW DO WE HAVE POLICE THAT PROTECT AN AREA THAT DON'T KNOW WHERE WAREHOUSES ARE? SO AGAIN, I BELIEVE THE RESIDENT WHO GOT UP AND SPOKE SAID, WE'RE NOT IN THE CITY.

WE DON'T WANT TO BE IN THE CITY.

SOMEONE CALLED FOR THE POLICE.

AND THE POLICE COULDN'T FIND HOW TO GET HERE.

THERE.

WE DON'T PROVIDE OUR RESPONSIBILITY FOR POLICE PROTECTIONS WITHIN OUR CITY LIMITS.

SO AGAIN, WHAT WOULD HAPPEN WHEN WE ANNEX, AND THIS IS, AND AGAIN, IS THAT GOES THROUGH OUR GS, GOES THROUGH OUR MAPPING, WE GET ADDRESSES LISTED.

IT ALL SHOWS UP IN OUR, IN OUR SYSTEMS THAT WE WOULD HAVE GOING FORWARD AS OPPOSED TO THE SHERIFF WHO WOULD RESPOND IN THE ETJ.

THE, YEAH.

SO, SO WHAT I WOULD SAY, AND AGAIN, I CAN'T PROMISE EVERYTHING WILL BE FIXED PERFECT, WHATEVER IS, BUT WHEN ANNEX AREAS, OUR GIS STARTS MAPPING THAT OUT, WORKING WITH OUR PD FIRE AND EMS. YEAH.

I, YOU KNOW, UM, AGAIN, UM, SOUTHERN SHIRTS AND THE UNINCORPORATED AREAS IN BEXAR COUNTY I'M VERY FAMILIAR WITH.

WE PROVIDE UNDER CONTRACT WITH BEXAR COUNTY, WE PROVIDE THE FIRE PROTECTION.

I CAN'T SAY THAT I HAVE THAT KNOWLEDGE FOR NORTHERN SHIRTS.

UH, I HAVE NO IDEA FOR YOU FOLKS THAT LIVE ON BIG JOHN LANE.

UH, I KNOW WHERE IT IS ONLY BECAUSE IT'S COME UP IN THE WHOLE PARKLANDS THING AS WE WORKED THROUGH THAT THING.

UM, BUT HONESTLY, THE PARKLANDS ARE PROTECTED BY SHIRTS, FIRE SHIRTS, EMS, SHIRTZ PD, YOU CROSS THAT FENCE ONTO BIG JOHN.

I HAVE NO IDEA WHO YOUR FIRE DEPARTMENT IS.

I I REALLY DON'T, I DON'T KNOW IF WE MAY COVER THAT AS PART OF KAMAL COUNTY IF NEW BRAUNFELS IS DOING IT, OR IF YOU GOTTA WAIT FOR MARIAN TO SHOW UP.

I I REALLY HAVE NO IDEA.

UH, IT'S ALWAYS A CHALLENGE, UH, FOR RURAL LIVING.

I, I WAS GONNA RELATE A PERSONAL STORY.

MY, UM, FATHER AND MOTHER-IN-LAW LIVED IN RURAL ARKANSAS, UH, NOT TOO FAR FROM, UH, BRANSON,

[03:00:01]

MISSOURI.

AND, UM, FINDING THEIR HOUSE WAS YOU WENT FROM A TWO-LANE STATE HIGHWAY TO A TWO-LANE, SOMETIME PAVED COUNTY ROAD TO A GRAVEL ROAD TO GET TO THEIR HOUSE.

MOM HAD A R JACK AND THE AMBULANCE COULD NOT FIND THE HOUSE.

UM, I DON'T REMEMBER IF DAD TOOK HER TO THE HOSPITAL, BUT HE DROVE A MAP AND HE SENT IT TO THE AMBULANCE COMPANY.

HE SAYS, HERE'S HOW YOU GET TO OUR HOUSE.

UM, I'D LIKE TO THINK THAT EMERGENCY SERVICES IS A LITTLE MORE PROACTIVE THAN THAT.

SEE, I GO BACK TO THE DAYS WHEN CHURCHS FIRE DEPARTMENT, WE DREW OUR STREET MAPS BY HAND.

AND SO, UM, BUT, BUT THAT, BUT THAT IS AN ISSUE OF, UH, AND, AND I'D LIKE TO HOPE WHOEVER'S PROTECTING THAT AREA, UH, TAKES THE TIME TO FIGURE OUT WHERE EVERYBODY IS.

OKAY, GUYS, I GOT A LIST.

SO SOMEBODY ELSE JUMP IN HERE.

THERE WERE COMMENTS ABOUT R TWO DESIGNATION FOR FLOOD ZONES AND FLOOD AREAS.

UH, PARK SPACE AND GREEN SPACE IS ALLOWED IN R TWO, CORRECT? UH, I BELIEVE SO.

YES IT IS.

SO IT JUST BECAUSE IT'S A FLOOD ZONE OR A FLOOD AREA DOESN'T MEAN IT HAS TO BE A HOUSE.

IT, IT CAN BE PRESERVED AS GREEN SPACE AND PARK SPACE.

AND WE HAVE THAT ALL OVER THE CITY AT THE MOMENT, SO.

SURE.

BUT AGAIN, YOU CAN OUR JUST BE CLEAR, YOU CAN DEVELOP IN THE FLOOD PLAIN.

YOU CAN, YOU CAN MAKE MODIFICATIONS TO PROPERTY AND PULL IT OUTTA THE FLOOD PLAIN.

SO AGAIN, AS WE'VE SEEN, BUT IT DOESN'T ALWAYS MEAN HOUSES.

IT IT COULD, IT DOESN'T ALWAYS MEAN HOUSES.

IT COULD MEAN, I, I WOULD KEEP IN MIND THAT JUST BECAUSE IT'S FLOODPLAIN DOESN'T MEAN YOU COULD NOT EVER HAVE HOUSES THERE.

AS A, BECAUSE WE'VE HEARD THIS A COUPLE TIMES, IT, IF YOU'RE IN THE CITY, A PIECE OF PROPERTY HAS TO HAVE SOME KIND OF ZONING.

ALRIGHT? SO, YOU KNOW, EVEN IF IT WAS A SWAMP, WE'D HAVE TO ZONE AT SOMETHING.

I MEAN, AGAIN, WE'VE HAD PEOPLE COME UP FOR, FOR DEVELOPMENT OR PROPERTY OR REZONING AND YEAH.

AND FOLKS HAVE SAID, I DON'T THINK YOU'RE EVER GONNA ACTUALLY BE ABLE TO BUILD ANYTHING BECAUSE OF RIGHT.

FLOODPLAIN AND FLOODWAY AND THINGS LIKE THAT.

UH, REAL QUICK, I'D LIKE TO, FOR THE RECORD, UH, IT WAS 9:01 PM AND COMMISSIONER CARBONE HAD TO LEAVE THE MEETING.

WHO ELSE? OKAY, SO I MIGHT BE REITERATING, I'M NOT SURE.

SO THE COMPREHENSIVE LAND PLAN, I MEAN, WE REAPPROVED IT, WE PUT IT OUT IN THE CITY.

YOU GUYS PUT IT OUT IN THE CITY, YOU KNOW, FOR MONTHS.

AND THIS IS WHAT THE PEOPLE WANTED, HENCE WHY WE APPROVED IT.

UM, BUT AT THE SAME TIME, I WANNA PROTECT THESE PEOPLE, YOU KNOW, SO I MEAN, THEY ARE GRANDFATHERED IN, RIGHT? LIKE IF WE DO CHANGE IT, IF WE APPROVE IT, WELL, THAT WAS THE WHOLE POINT.

IS IT ONLY IF THEY SELL? YEAH.

THAT WAS THE WHOLE POINT OF THE FIRST HOUR AND A HALF OF THE MEETING.

DOING THAT UDC AMENDMENT.

WELL, I, I GET THE YEAH.

TO, TO ALLOW THEM, BUT, BUT IF DESPITE THAT, YEAH.

FOLKS SAY, LOOK, I JUST WANT TO USE AGRICULTURAL USES AND I WANNA HAVE A ANCE BE ALLOWED BY.

THERE'S AMPLE, I MEAN, IT'D BE NICE IF OUR COMP PLAN, OUR FUTURE LAND USE PLAN WAS BLACK AND WHITE QUANTIFIABLE.

YOU OPEN IT UP AND IT TELLS YOU THE RIGHT ANSWER.

IT, IT DOESN'T, THERE'S JUDGMENT TO BE USED.

THERE ARE FACTORS TO BE DISPLAYED.

SO AGAIN, IF THE COMMISSION FELT LIKE YOU COULD ZONE THESE, THERE'S ABILITY TO MAKE FINDINGS PROBABLY TO SAY THIS IS MOST APPROPRIATE ZONED, OR IT'S APPROPRIATE TO BE ZONED AS AD.

AND, AND AGAIN, AS COMMISSIONER OUTLAW SAID, TELL US WHAT YOU'D LIKE TO BE ZONED.

AND THAT GENERALLY SEEMS TO BE WHAT EVERYBODY STOOD UP, WHO OWNS PROPERTY, WANTS TO BE ZONED BECAUSE THEY DON'T WANT TO DO ANYTHING OTHER THAN AG THAT WOULD LET THEM DO IT BY RIGHT.

ISN'T ALLOWED.

USE MR. CHAIR.

OH, IF I COULD, I I I JUST RECOMMEND MAKING A MOTION TO, UM, REZONE ALL AS AD.

ALRIGHT, I, I HAVE A MOTION ON THE TABLE TO RECOMMEND ZONING.

I I ASSUME ALL OF THE PROPERTIES AD IS THAT YOUR MOTION? YEAH.

AND, AND TO BE CLEAR WITH THAT MOTION, THE REASON WOULD BE BECAUSE BASED ON THE COMPREHENSIVE PLAN, USE THE REFERENCES TO AGRICULTURAL CONDITIONS, THE RANGE OF USES ALLOWED AND THE FACTORS PROVIDED AND THE PUBLIC INPUT PROVIDED THAT AG WOULD BE AN APPROPRIATE USE GIVEN THE COMP PLAN.

AND IF, UH, A FUTURE DEVELOPER BOUGHT THE LAND, THEN AT THAT POINT THEY COULD COME BACK AND REZONE INDIVIDUALLY AS REQUESTED.

THEY COULD REQUEST A REONE.

THEY COULD REQUEST A REZONE.

BUT, BUT AGAIN, IT, IT, YEAH.

COUNCIL ZONE ALL THESE PROPERTIES AD DO I HAVE A SECOND? I'LL SECOND THAT.

SO OI THINK WE HAVE A LOT MORE DISCUSSION TO BE BE SAID, BUT WE HAVE A MOTION ON THE FLOOR TO RECOMMEND CITY

[03:05:01]

WHO'S THAT? MR. MCMASTER.

OKAY, SO DISCUSSION.

OKAY, WE'RE GONNA, I, I, I HAVE QUITE A BIT THAT I'D LIKE TO SAY BEFORE WE VOTE ON THIS THING.

ALRIGHT, LET'S TALK ABOUT THE, THE BIGGEST COMPLAINT I HEARD AND, AND I LOOK AT THE MAP.

WHAT, WHAT'S WITH THE GB ON ECKERD ROAD? I MEAN THAT, WHY DID THE LAND USE PLAN SINGLE THAT OUT AS GB? RIGHT.

IT, IT, SO AGAIN, WHAT IT DID, AND IF YOU WANNA PULL THE MAP UP TO SHOW IS IT TOOK THE PROPERTY FROM 35 BASICALLY UP TO PARKLANDS AND DESIGNATED IT WITH THE COMMERCIAL DESIGNATION.

AND, AND THE THING YOU WOULD HAVE TO HAVE, AND AGAIN IT'S INTERESTING WHEN THE RESIDENTS GOT UP AND SAY WE'RE RESIDENTIAL HOMES, WE DON'T WANT TO BE NEXT TO GB.

SO IF YOU WERE TO ZONE THAT RESIDENTIAL AT SOME POINT YOU STILL HAVE SOMEBODY STANDING UP, JUST A DIFFERENT GROUP OF PEOPLE SAYING, I DON'T WANT THAT TO BE GB.

AND SO WHAT YOU WOULD THEN DO, I SUPPOSE IN THEORY IS ZONE RESIDENTIAL ALL THE WAY UP TO I 35, WHICH WE HAVE NOT TRADITIONALLY DONE BECAUSE THAT'S GENERALLY NOT APPROPRIATE.

AND, AND I, AND I WOULDN'T EXPECT YOU TO, BUT YOU KNOW, WHEN, WHEN YOU LOOK ALONG 35 MM-HMM , THE FRONTAGES ARE ZONE GENERAL BUSINESS.

WE'RE LOOKING AT ADDING GENERAL HOW FAR BACK OFF THE INTERSTATE IS PROPERTY.

IT'S A SIGNIFICANT DISTANCE AND, AND WHY NOT NEIGHBORHOOD SERVICES IF YOU WANNA MAKE IT COMMERCIAL, WHY NOT NEIGHBORHOOD SERVICES INSTEAD OF GENERAL BUSINESS? SO I THINK DON'T ANSWER THAT BECAUSE I'VE GOT SOMETHING ELSE I WANNA SAY.

I'M GONNA QUOTE THE UDC TO YOU.

SECTION 21.5 0.3 INITIAL ZONING UPON ANNEXATION.

SECTION A SAYS AS SOON AS PRACTICAL FOLLOWING ANNEXATION, BUT IN NO EVENT MORE THAN 183 CALENDAR DAYS THEREIN THEREAFTER, THE CITY COUNCIL SHALL ON ITS OWN MOTION OR BY REQUEST OF THE PROPERTY OWNERS OF THE ANNEXED AREA INITIATE PROCEEDINGS TO ESTABLISH THE INITIAL ZONING OF THE NEWLY ANNEXED TERRITORY, WHICH IS WHAT WE'RE TRYING TO DO.

IT THEN GOES ON TO SAY, UNLESS OTHERWISE REQUESTED BY THE APPLICATION OF THE PROPERTY OWNER, THE INITIAL ZONING OF NEWLY ANNEXED TERRITORY SHALL BE PRE-DEVELOPMENT.

THAT'S WHAT, THAT'S, THAT'S WHAT THIS SAYS.

SO LEMME GO ON A LITTLE FURTHER.

I AM NO FAN OF OUR CURRENT LAND USE PLAN.

THAT THING PAINTS THINGS WITH TWO BROAD A BRUSH.

I DON'T KNOW HOW YOU GET FROM COMPLETE NEIGHBORHOOD TO R TWO.

IT'S PRACTICAL FOR DEVELOPMENT.

'CAUSE COMPLETE NEIGHBORHOOD INCLUDES MORE THAN RESIDENTIAL, RIGHT? SO HOW DO WE, YEAH.

UM, SO AGAIN, THE THEORY BEHIND, WELL LET ME JUST FINISH.

WE'RE SITTING HERE, WE'VE GOT HOW MANY OF THE, HOW MANY PARCELS ARE THERE IN TOTAL HERE, JUST OFF TOP OF YOUR HEAD? 54 ON THIS ONE.

AND WE'RE TRYING, WE'RE TRYING TO SAY, WELL, WE'RE GONNA DO THIS R TWO AND WE'RE GONNA DO THIS GB AND WE'RE GONNA DO M1.

I WOULD SUGGEST NO, YOU DO IT ALL PRE-DEVELOPMENT, JUST LIKE WE'VE ALWAYS DONE IT IN THE PAST, WE COULD RECOMMEND THAT AS WELL.

WELL THAT WAS GONNA BE MY REC, BUT WE, YOU KNOW, ANYWAY, UM, BUT LET, LET, LET ME ASK YOU ANOTHER QUESTION.

WHY R TWO AND NOT R ONE OR R THREE? WHY DID YOU PICK THE SMALLEST LOT SIZE OF THOSE THREE? YOU KNOW, BECAUSE I THINK, I THINK IT, WE HAD TO PICK SOMETHING AND I THINK WHAT WE'VE SEEN IS GENERALLY THE R TWO IS MOST COMPATIBLE FOR ALL OF THE USES AROUND IT.

SO WE HAVE PEOPLE COMING TO DEVELOP IT.

IT TENDS TO BE MOST COMPATIBLE WITH THE ADJACENT USES.

ALRIGHT, SO WE GO UP ON, UH, 4 82 AND I'M SORRY I DON'T REMEMBER YOUR NAME, BUT, BUT, BUT THEY'RE, THEY HAVE THAT PROPERTY UP ON FOUR TWO MM-HMM, AND THE PROPERTY NORTH OF 4 82, YOU'RE SUGGESTING R TWO.

AND ON EITHER SIDE OF THAT IS INDUSTRIAL.

THEY MENTIONED, THEY MENTIONED THE, THE, UM, THE CONSTRUCTION COMPANY AND, AND YOU KNOW, SO WHY WOULD WE WANT TO SQUEEZE R TWO? AND BY THE WAY, ARE THOSE PROPERTIES THAT, THAT ARE THE INDUSTRIAL, ARE THEY ALREADY IN THE CITY? NO.

SO SOMEHOW THEY GOT AWAY WITH NO DEVELOPMENT AGREEMENT.

SO MR. MR. CHAIRMAN, I, I DON'T WANNA BE A, I DON'T WANNA BE A PARTY PEOPLE HERE, BUT, BUT THE DISCUSSION, WHEN THERE'S A MOTION AND A SECOND AND WE'RE WAITING TO

[03:10:01]

VOTE, THE DISCUSSION IS SUPPOSED TO BE ON THE MOTION.

WELL, OKAY, DAN, YOU'RE THE MOTION THAT YOU DIDN'T GET TO MAKE.

NO, NOBODY ELSE HAS SAID ANYTHING ELSE ABOUT ALTERNATIVES.

AND, AND OUR NEWEST MEMBER HERE JUMPS RIGHT IN THERE AND WANTS TO PROPOSE AD HE'S, WELL, HE'S A PROFESSIONAL, HAD ANY OPPORTUNITIES.

HE'S, NOBODY'S A PROFESSIONAL PLANNER, BUT THAT'S OKAY.

I JUST LOOKING AT YOUR LAND USE CATEGORIES, AB OR, UH, I'M SORRY.

AD ALLOWS THESE PEOPLE TO DO AGRICULTURAL HOUSES BY, RIGHT? I MEAN, YOU'RE, YOUR PRE-DEVELOPMENT OR YOUR UNDEVELOPED OR WHATEVER THE ZONING CATEGORY IS ALLOWS FOR A CHURCH BY SPECIAL USE GOVERNMENT BUILDING.

AND THAT'S IT.

I MEAN, CORRECT ME IF I'M WRONG, BUT I MEAN, YOU'RE, THE ZONING TYPE OF PROPOSED IS WHAT'S APPROPRIATE FOR WHAT THEY'RE DOING.

I DON'T, I DON'T DISAGREE WITH YOU.

THE ATTORNEY HAS TOLD ME I CAN'T KEEP TALKING ABOUT WHAT I WANT TO TALK ABOUT.

UM, AND, UH, I'M ALREADY SEEING A, A, LET, LET, SO THE MOTION THAT'S BEFORE THIS COMMISSION IS TO RECOMMEND TO CITY COUNCIL THAT THEY ZONE ALL OF THESE PROPERTIES AD AND BASICALLY MY DISCUSSION WAS TO SAY, I DON'T THINK THAT'S THE RIGHT WAY TO GO.

I THINK WE OUGHT TO FIND SOMETHING ELSE.

IS THAT COMMENT APPROPRIATE? SO NOW BEFORE I CALL THE VOTE, LET ME EXPLAIN THAT OUR CURRENT RULES AND ABSTENTION WITHOUT A VALID LEGAL REASON TO ABSTAIN FROM VOTE AND A AN ABSTENTION IS COUNTED AS A NO VOTE.

SO I'M GONNA ERASE THIS SO THAT WE CAN, WE'LL HAVE A CLEAN SLATE WHEN WE GO TO VOTE.

NOW, DOES ANYBODY ELSE WANT TO TALK ABOUT THE MOTION TO RECOMMEND AD? I JUST WANT TO MAKE SURE I UNDERSTAND SOMETHING.

AND, AND QUITE QUITE HONESTLY, YOU KNOW, I'VE BEEN STRUGGLING WITH THIS, THE, THE WHOLE NIGHT LISTENING TO, UH, LANDOWNERS WHO CURRENTLY OWN THE LAND.

THAT'S A FACT.

IF THEY WERE TO BE ANNEXED, THEY WOULD STILL OWN THE LAND.

THEY'RE USING THE LAND TODAY FOR WHAT THEY WANT TO USE THE LAND FOR.

SO BEING ANNEX DOESN'T CHANGE THEM.

THEIR DESIRES, THEIR DREAMS, THEIR GOALS, THEIR FAMILY PLANS, NONE OF THAT.

IT DOESN'T CHANGE THAT.

I WOULDN'T, I WOULDN'T QUITE GO THAT FAR.

SO LET ME HEAR ME OUT.

THEY CAN CONTINUE THAT AG USE, BUT AGAIN, AS WE SPEND A LOT OF TIME TALKING ABOUT CITY REGULATIONS COME INTO PLAY OKAY.

AND THAT COULD AFFECT US.

THEY WANNA MAKE CHANGES WITH THAT.

AND WE'VE HEARD FOLKS TALK ABOUT HOW HEY, THESE REGS ARE, ARE DESIGNED FOR SUBURBAN URBAN AREAS, NOT AGRICULTURAL.

IT GETS HUNG UP.

IT AFFECTS OUR PLANNING.

AND, AND WHAT, WHAT GENERALLY THEY'VE SAID, IF I MAY, IS THAT THEY WANT TO CONTINUE AGRICULTURAL, THEY WANT THAT TO BE ALLOWED BY.

THEY DON'T WANNA HAVE TO MESS WITH ANY OF THE STUFF WE'VE BEEN TALKING WITH FOR THAT REASON.

THE AD DISTRICT WOULD, WOULD PROVIDE FOR THAT.

UH, I APPRECIATE THAT.

UH, SO MY POINT BEING, IF IT ALLOWS THEM TO CONTINUE TO USE THE LAND AS THEY'VE SO INTENDED TO DO AND SAY THEY AT SOME POINT THEY DON'T HAVE ANYONE TO PASS THE LAND TO, THEY GET OLDER, THEY WANT TO SELL THE LAND.

TO A DEVELOPER, TO SOMEONE ELSE SURE.

THAT WANTS TO REPURPOSE THE LAND.

THEY COULD COME IN AND REQUEST REZONING FOR THAT PIECE OF PROPERTY.

SO IT JUST, AND MAYBE I'M JUST THINKING OF IT TOO, SIMPLISTICALLY, BUT TO ME THAT TENDS TO BE FAIR IN MY MIND.

IF I OWNED LAND AND IT'S BEEN IN MY FAMILY FOR A HUNDRED YEARS AND WE'VE USED IT FOR AGRICULTURAL PURPOSES AND WE WANT TO CONTINUE DOING THAT, WHETHER WE GET ANNEXED OR NOT, I SHOULD STILL BE ABLE TO USE MY LAND FOR THE PURPOSES I INTENDED.

SO I THINK IF THERE'S A PROVISION THAT AFFORDS AND ALLOWS THEM TO DO THAT, THAT CERTAINLY SHOULD BE CONSIDERED.

[03:15:01]

THAT SOUNDS FAIR TO ME.

AGREE ENTIRELY.

THAT'S WHY WE HAVE A, SORRY.

THAT'S WHY WE HAVE NOTICES.

THAT'S WHY WE HAVE THE PUBLIC HEARING.

SO THEY CAN PROVIDE THAT INPUT AND YOU CAN TAKE THAT UNDER CONSIDERATION IN MAKING YOUR RECOMMENDATION.

AND, AND MY LAST POINT BACK TO THE NOTICES, UH, BECAUSE I'VE HEARD PEOPLE SAY THAT THEY RECEIVE THEM DAYS BEFORE THEY HAD TO RENDER A POSITION.

, THAT DOESN'T SEEM FAIR TO ME.

SURE.

THEN, THEN WHAT YOU COULD DO IS AT THE END OF THE MEETING, OKAY.

YOU COULD REQUEST THAT STAFF COME BACK AND LOOK AT OR BRING FORWARD AMENDMENTS TO OUR UDC THAT HAS A NOTICE REQUIREMENT THAT'S MUCH GREATER THAN WE CURRENTLY HAVE AS PART OF A SEPARATE DISCUSSION.

ONLY IF IT MAKES SENSE.

BECAUSE I'M JUST TALKING ABOUT THE PURPOSE OF THE NOTICE, WHETHER IT MAKES SENSE OR NOT.

WELL, I MEAN AGAIN, WE, WE, WE, WE OFTEN, AGAIN, FROM STAFF PERSPECTIVE, I'M GONNA GET TOO FAR 'CAUSE YOU GOT A MOTION, SO RIGHT.

WE CAN MM-HMM, YOU CAN MAKE THAT MOTION.

WE CAN TALK ABOUT IT MORE THAN OKAY.

AND I CAN TALK TO YOU OFFLINE ABOUT IT.

'CAUSE I'M JUST SPEAKING TO THE PURPOSE.

THE NOTICE GOES OUT.

I, I, I WOULD THINK THAT IT'S TO GET FEEDBACK OR MAYBE IT'S JUST TO LET THEM KNOW.

IF WE DON'T INTEND TO GET FEEDBACK, THEN WE GIVE THEM A, YOU KNOW, A NOTICE WITH TWO DAYS TO MAKE A DECISION.

WHICH MIGHT NOT GIVE THEM ENOUGH TIME.

SO, BUT IF WE INTEND TO GET FEEDBACK, THEN WE GIVE THEM ENOUGH NOTICE.

, THAT MAKES SENSE TO ME.

THAT SOUNDS FAIR TO ME.

SO, UH, BUT THANK YOU.

THAT ANSWERED MY QUESTION AND UH, WE CAN MOVE ON WITH THE MOTION.

ANYONE ELSE? OKAY.

THE MOTION BEFORE THE COMMISSION IS TO RECOMMEND CITY COUNCIL THAT THE APPROPRIATE ZONING FOR ALL OF THESE PROPERTIES IS AD WHAT'S THAT CALLED? AGRICULTURAL.

AGRICULTURAL DISTRICT.

ITEM FIVE C-P-L-Z-C 20 24 0 0 9 2.

WE HAVE A, WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? RECORD YOUR VOTES PLEASE.

2, 3, 4, 2.

WE'RE MISSING.

WHO ARE WE MISSING? HERE WE GO.

WE'VE GOT SIX VOTES.

YOU PUBLISH THAT VOTE, WE HAVE FOUR AYES TO OPPOSE THAT MOTION PASSES.

AND I'LL BE INTERESTED TO SEE IF COUNSEL ADOPTS THIS.

I'LL BE INTERESTED TO SEE HOW MANY NON-CONFORMING USES WITH THE, ANYWAY, WE'RE GONNA TAKE A 10 MINUTE BREAK.

IT'S AD.

ALRIGHT EVERYBODY, IT IS UH, 9:28 PM AND THIS MEETING IS BACK IN SESSION.

HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY TWO 2060 2.7 ACRES TO SINGLE FAMILY RESIDENTIAL R TWO KNOWN AS BEAR COUNTY PROPERTY.

IDENTIFICATION NUMBER 3 1 0 0 6 4.

1 1 4 1 7 3 0 3, 3, 9 7 7 2, 3, 3.

9, 7, 7.

THREE.

THREE, THREE.

9, 7 4, 4, 1, 0 5, 0 2 0.

[03:20:01]

0 0 4 0 A PORTION OF 3 3 9 2 7 4.

AND TO REZONE APPROXIMATELY 10.1 ACRES TO NEIGHBORHOOD SERVICES DISTRICT NS KNOWN AS A PORTION OF BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 2 7 4.

AND APPROXIMATELY 119.7 ACRES TO GENERAL BUSINESS DISTRICT GB KNOWN AS BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 3 6 2 AND 3 3 9 3 5 3 BEXAR COUNTY, TEXAS.

SO SOME BACKGROUND AGAIN VERY SIMILAR TO THE LAST CASE IN 2010 AND 2011 THE CITY OF SHORTS ENTERED INTO DELAYED ANNEXATION DEVELOPMENT AGREEMENTS WITH PROPERTY OWNERS BASED ON TEXAS LOCAL GOVERNMENT CODE TO GUARANTEE THE CONTINUATION OF THEIR EXTRATERRITORIAL STATUS OF THE LAND FOR THE TERM OF THE AGREEMENT AND AUTHORIZE THE ENFORCEMENT OF ALL REGULATIONS AND PLANNING AUTHORITY OF THE CITY THAT DID NOT INTERFERE WITH THE USE OF THE LAND.

AND, UM, WITHIN THAT AGREEMENT ANNEXATION AT END OF TERM STIPULATES THAT 10 YEARS AFTER THE EFFECT OF DATE OF THE AGREEMENT THE PROPERTY IS TO BE ANNEXED INTO THE CITY OF SHIRTZ IN 2020 AND 2021, THE CITY AUTHORIZED, UH, THE CITY MANAGER AND STAFF TO OFFER DEVELOPMENT AGREEMENT EXTENSIONS BASED ON, UM, COVID OCCURRING.

IN ADDITION TO THE DEVELOPMENT AGREEMENT EXTENSIONS, IT WOULD ALLOW CITY STAFF TO COMPLETE THE COMPREHENSIVE LAND USE PLAN UPDATE WHICH WOULD BE UTILIZED WHEN ZONING THE ANNEX PROPERTIES.

THE PROHIBITION ON ANNEXATION WOULD BE IN EFFECT UNTIL JANUARY 1ST, AT WHICH TIME THE CITY OF SHIRTS WOULD BEGIN ANNEXATION PROCEEDINGS AND CONCLUDE THEM NO LATER THAN DECEMBER 31ST.

THIS TIME THAT FIRST IN IDENTIFIED DATE HAS PASSED AND THE APPROVAL OF 24 S OH SIX THE COMPREHENSIVE LAND USE PLAN HAS OFFICIALLY BEEN ADOPTED AND CAN BE UTILIZED FOR ZONING CASES MOVING FORWARD AT THE APRIL 16TH, 2024 CITY COUNCIL MEETING RESOLUTION 24 R 42 WAS APPROVED.

ACCEPTING THE PETITIONS FOR VOLUNTARY ANNEXATION PLZC 20 24 0 0 9 2 IS THE NEXT STEP IN THE ANNEXATION PROCESS.

SPECIFICALLY IN RELATION TO ESTABLISHING ZONING FOR THE APPROXIMATELY 2192.5 ACRES WITHIN BEXAR COUNTY.

SO MORE SPECIFICALLY TO ZONE APPROXIMATELY 2060 2.7 AS R TWO 10.1 AS NEIGHBORHOOD SERVICES DISTRICT AND 119.7 AS GENERAL BUSINESS DISTRICT.

SO THE COUNTY PORTION VERY SIMILAR TO THE LAST CASE IS SPLIT ONTO TWO MAPS.

SO YOU HAVE 1518, UM, LOWER SINE ROAD SHAFER INTO RAF BURNETT AND YOU CAN SEE THE SUBJECT PAR PARCELS IDENTIFIED BY THE GREEN LINES.

AND THEN YOU HAVE 15 18 10 TRAINER HAIL TRAINER HAIL UP INTO WEIR AND YOU CAN SEE THE GREEN PRO PARCELS THERE AS WELL.

SO JUST A QUICK OVERVIEW MAP OF EVERYBODY IN BEXAR COUNTY COUNTY.

THE GREEN PARCELS ARE THE PROPOSED TRACKS WITHIN THIS ZONING CASE.

AND THEN AGAIN ZOOMED IN.

THERE'S THAT NORTHERN GROUP AND THEN THE SOUTHERN GROUP.

202 PUBLIC HEARING NOTICES WERE MAILED TO PROPERTY OWNERS ON APRIL 25TH WITHIN 200 FEET OF A PARCEL.

PROPOSED VIEW ZONED, UH, ADDITIONALLY PROPERTY OWNERS OF

[03:25:01]

PARCELS INCLUDED WITHIN THE ZONING BOUNDARY WERE NOTIFIED PER TEXAS LOCAL GOVERNMENT CODE SECTION TWO 11.006.

ADDITIONALLY, S-E-U-C-I-S-D WAS NOTIFIED OF THE PROPOSED ZONING ON APRIL 26 54.

PUBLIC HEARING NOTICE SIGNS WERE PLACED ON THE SUBJECT PROPERTIES.

AT THIS TIME WE'VE RECEIVED ZERO NEUTRAL, ONE IN FAVOR AND 18 OPPOSED.

SUBJECT PARCELS ARE CURRENTLY IN THE CITY OF SHE'S ETJ WITH DELAYED ANNEXATION DEVELOPMENT AGREEMENTS.

THESE PROPERTIES DO NOT CURRENTLY HAVE A ZONING DISTRICT ASSIGNED DUE TO THEIR ETJ STATUS.

THE INITIAL ZONING OF A LAND PARCEL SHALL BE PROCESSED IN THE SAME MANNER AS A REQUEST FOR A ZONING CHANGE IN ACCORDANCE WITH UEC SECTION 2154.

SO YOU'LL SEE HERE THERE IS A ACREAGE CHANGE, WHICH IS NOTIFIED.

IT'S NOTICED IN THE UH, STAFF REPORT AS WELL.

BUT APPROXIMATELY 2030 ACRES IS PROPOSED TO BE ZONED SINGLE FAMILY RESIDENTIAL R TWO.

UM, IT WAS ORIGINALLY NOTICED AS 2060 2.7.

HOWEVER, DUE TO A NOTICING ERROR, THE PLANNING AND ZONING COMMISSION SHOULD NOT TAKE ACTION ON APPROXIMATELY 32.7 ACRES.

SPECIFICALLY BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 3 5 9.

AND I'LL GO INTO MORE DETAIL ON THAT PARCEL.

UM, HERE SHORTLY, APPROXIMATELY 10.1 ACRES AS NEIGHBORHOOD SERVICES DISTRICT AND 119.7 IS GENERAL BUSINESS.

THE GOAL IS TO OWN THESE SUBJECT PROPERTIES AND PERFORMANCE WITH COMPREHENSIVE LAND USE PLAN, THE FUTURE LAND USE MAP.

SO HERE IS, UH, THE OVERALL MAP.

AGAIN, THE ORANGE IS THE R TWO, THE LIGHT BLUE IS GB AND THEN THE DARKER BLUE IS THE NEIGHBORHOOD SERVICES.

SO THERE'S A ZOOM IN ON THE NORTHERN PIECE AND THEN THE SOUTHERN PIECE.

SO WHEN WE LOOK AT ZONING CHANGES, WE UTILIZE THE CRITERIA IN THE EDC.

SO NUMBER ONE, WHETHER THE PROPOSED ZONE CHANGE OR ZONING MAP AMENDMENT AND IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP.

UH, PLZC 20 24 0 0 9 2 INCLUDES SEVERAL DIFFERENT ZONING CLASSIFICATIONS BASED ON THE SUBJECT PROPERTIES LOCATION AND THEIR DESIGNATION ON THE FUTURE LAND USE MAP.

SO APPROXIMATELY 2030 ACRES OF LAND IS PROPOSED.

UH, SINGLE FAMILY RESIDENTIAL DISTRICT R TWO SPECIFICALLY.

AND I'LL TRY TO READ THEM VERY QUICKLY.

BEXAR COUNTY PROPERTY ID 1 1 4, 1 7, 3, 0 3.

1, 0 0.

1, 2, 3 0 9, 8, 4, 2, 3, 3.

9 2, 9, 3, 3, 3.

9, 2, 7, 5, 3, 3.

9, 3, 2, 8, 1.

OH 1, 3, 7, 9, 8, 3, 1, 0 2.

9 3 1 0 0 2 5 3 1 0 0 4 0.

A PORTION OF 3 3 9 2 7 4 A PORTION OF 3 1 0 1 2 5.

A PORTION OF 3 1 0 1 2 6 AND A PORTION OF 3 1 9 ARE IDENTIFIED AS COMPLETE NEIGHBORHOOD ON THE COMPREHENSIVE LAND USE PLAN.

COMPLETE NEIGHBORHOODS ARE GENERAL AREAS CHARACTERIZED BY A MIXTURE OF HOUSING OPTIONS WITH SUPPORTING LAND USES A PORTION OF BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 1 0 5 A PORTION OF 3 1 6 AND A PORTION OF 3 1 9 ARE IDENTIFIED AS LOCAL CORRIDOR ON THE COMPREHENSIVE LAND USE PLAN FEATURE, LAND USE MAP, WHICH IS DESCRIBED AS COMMERCIAL AND ENTERTAINMENT AREAS, TYPICALLY SITUATED ALONG MEDIUM TO HIGH VOLUME COLLECTOR ROADS WITH NEIGHBORHOODS AT THE PERIMETER.

THESE PARCELS ARE PROPOSED TO BE ZONED SINGLE FAMILY RESIDENTIAL.

R TWO.

ALTHOUGH THESE PROPERTIES HAVE SPLIT DESIGNATIONS AND THE FEATURE LAND USE MAP, IT IS MORE APPROPRIATE TO ZONE THE ENTIRE PARCELS OF SINGLE FAMILY RESIDENTIAL DISTRICT AT THIS TIME, WHICH IS CONSISTENT WITH LOCAL CORRIDOR.

BEXAR COUNTY PROPERTY ID IS 3 3 9 7 7 2 3 3 9 7 7 3 3 3 9 7 4 4 3 4 0 0 3 0 3 3 9 3 4 8 3 3 9 3 4 1 3 3 9 7 7 8 AND 1 0 5 0 2 3 ARE IDENTIFIED AS REGIONAL CORRIDOR, WHICH IS DESCRIBED AS COMMERCIAL ENTERTAINMENT AREAS.

ALTHOUGH THESE PROPERTIES ARE IDENTIFIED AS REGIONAL CORRIDOR BASED

[03:30:01]

ON THEIR LOCATION, ACREAGE AND PARCEL CONFIGURATION IS MORE APPROPRIATE TO ZONE THESE PROPERTIES AS SINGLE FAMILY RESIDENTIAL DISTRICT R TWO.

BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 1 0 0 6 4 IS IDENTIFIED AS MIXED USE CENTER, WHICH IS DEFINED AS COMMERCIAL AND ENTERTAINMENT AREAS WITH A MIX OF USES.

HOWEVER, DUE TO THE PROPERTY'S LOCATION APPROXIMATELY 800 FEET NORTH OF THE INTERSECTION OF 1518 TRAINOR HILL ROAD, THE SINGLE FAMILY RESIDENTIAL DISTRICT R TWO IS APPROPRIATE.

SO THIS IS THE PARCEL THAT I MENTIONED EARLIER.

BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 3 5 9 IS IDENTIFIED AS REGIONAL CORRIDOR, WHICH IS DESCRIBED AS COMMERCIAL ENTERTAINMENT AREAS INCLUDING LIMITED INDUSTRIAL LOGISTIC USES.

THIS PROPERTY IS LOCATED ON IH 10 IS CURRENTLY UNDEVELOPED.

THAT'S, UH, IDENTIFIED UP ON THIS SCREEN AS THE ORANGE PARCEL WITH THE YELLOW STAR.

DURING THE NOTICING FOR THE PUBLIC HEARING, STAFF INCORRECTLY IDENTIFIED THIS PROPERTY AS BEING PROPOSED TO BE ZONED SINGLE FAMILY RESIDENTIAL DISTRICT R TWO WHEN THE PROPERTY SHOULD HAVE BEEN NOTICED FOR PROPOSED GENERAL BUSINESS DISTRICT GB ZONING DESIGNATION.

DUE TO THIS NOTICING ERROR, THE PLANNING AND ZONING COMMISSION SHOULD NOT TAKE ACTION ON BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 3 5 9.

IF TAKING ACTION AS STAFF HAS PROPOSED THE ZONING, THIS PROPERTY WILL BE HEARD AT THE SUBSEQUENT, UH, MAY 15TH PLANNING AND ZONING COMMISSION.

IT HAS ALREADY BEEN NOTICED FOR THAT MEETING TO BE HEARD.

UM, 3 3 9 3 5 9 AS PROPOSED TO BE GENERAL BUSINESS DISTRICT.

APPROXIMATELY 119.7 ACRES OF LAND IS PROPOSED TO BE ZONED GENERAL BUSINESS.

THAT'S SPECIFICALLY BEAR COUNTY PROPERTY.

IDENTIFICATION NUMBER IS 3 3 9 3 5 3 AND 3 3 9 3 6 2, WHICH ARE IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS REGIONAL CORRIDOR, WHICH IS DESCRIBED AS COMMERCIAL AND ENTERTAINMENT AREAS BASED ON THE IDENTIFIED PARCELS PROXIMITY TO IH 10 AND THE ACCESS, UH, IH 10 ACCESS ROAD AND REGIONAL CORRIDOR LAND USE DESIGNATION.

THE PROS GENERAL BUSINESS DISTRICT IS APPROPRIATE APPROXIMATELY 10.1 ACRES OF LAND KNOWN AS A PORTION OF BEAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 2 7 4 IS PROPOSED TO BE ZONE NEIGHBORHOOD SERVICES.

THIS PROPERTY IS IDENTIFIED IN THE COMMERCIAL, THE COMPREHENSIVE LAND USE PLAN AS LOCAL CORRIDOR, WHICH IS DESCRIBED AS COMMERCIAL ENTERTAINMENT BASED ON THE SUBJECT PROP PROPERTIES LOCATION ALONG 1518 OF PRINCIPAL ARTERIAL.

THAT IS IN PROXIMITY TO EXISTING RESIDENTIAL SUBDIVISIONS.

THE PROPOSED NEIGHBORHOOD SERVICES ZONING IS IN LINE WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION.

SO THERE IS THE FUTURE LAND USE MAP.

YOU CAN SEE THE MAJORITY OF THE PROPERTIES ARE IDENTIFIED AS THAT GOLDEN COMPLETE NEIGHBORHOOD, BUT WE DO HAVE THAT LOCAL CORRIDOR HERE, THE MIXED USE CENTER AND THEN THE REGIONAL CORRIDOR IN THE RED.

SO NUMBER TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND THE SAFE, ORDERLY, EFFICIENT, AND HELPFUL DEVELOPMENT OF THE CITY.

AS PART OF PROMOTING HEALTH, SAFETY AND WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS.

THE PROPOSED ZONING DISTRICT DESIGNATIONS ARE COMPATIBLE WITH THE SURROUNDING LAND USES AND EXISTING ZONING DESIGNATIONS ON THE SUBJECT PROPERTIES.

ADDITIONALLY, PER UDC ARTICLE SEVEN, SECTION 21 7 3, A NONCONFORMING USER STRUCTURE MAY CONTINUE TO BE USED, OPERATED OR OCCUPIED IN ACCORDANCE WITH THE TERMS OF THE ZONING REGULATIONS BY WHICH IT WAS ESTABLISHED OR IN THE CASE OF ANNEX PROPERTY IN ACCORDANCE WITH THE REGULATIONS UNDER WHICH IT WAS CREATED.

THIS MEANS THAT THE SUBJECT PROPERTIES CAN CONTINUE TO BE UTILIZED FOR THEIR EXISTING LAND USES IN CONFORMANCE WITH UDC ARTICLE SEVEN.

SO AGAIN, HERE'S THAT PROPOSED ZONING.

YOU CAN SEE THE MAJORITY OF THE PROPERTIES ARE THE SINGLE FAMILY RESIDENTIAL R TWO, THE GENERAL BUSINESS PROPERTIES, NEIGHBORHOOD SERVICES.

NUMBER THREE, WHETHER THE USE IS PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE RECLASSIFIED.

THE SUBJECT PARCELS ARE CURRENTLY UNDEVELOPED, UTILIZED FOR AGRICULTURAL PURPOSES OR UTILIZED FOR RESIDENTIAL.

THE PROPOSED ZONING DESIGNATIONS ARE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE ANNEXED AND ZONED.

SINCE THE PROPOSED ZONING DESIGNATIONS ARE BASED ON CONFORMANCE OF THE COMPREHENSIVE LAND USE PLAN, THERE'LL BE PROPERTIES WITH EXISTING LAND USES THAT WILL BE CONSIDERED NON-CONFORMING BASED ON THE PROPOSED ZONING.

IF APPROVED UPON ANNEXATION AND ZONING, THE PROPERTIES WOULD BE SUBJECT TO THE CITY OF SHIRTS.

UDC INCLUDING ARTICLE SEVEN.

THE NON-CONFORMING USES LOTS AND STRUCTURES AND AGAIN, THAT SECTION DOES INDICATE NON-CONFORMING USER STRUCTURE MAY CONTINUE TO BE USED, OPERATED OR OCCUPIED IN ACCORDANCE WITH THE TERMS OF THE ZONING REGULATIONS.

THE PROPOSED ZONING DESIGNATIONS ARE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE ZONED.

NUMBER FOUR, WHETHER THE PROPOSED CHANGE IS IN ACCORD WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOLS STREETS, WATER SUPPLY, SANITARY SEWER, OR OTHER PUBLIC SERVICES.

A PUBLIC HEARING NOTICE WAS MAILED TO S-C-U-C-I-S-D TO NOTIFY THEM OF THE PROPOSED ZONING.

SHEZ PD FIRE AND EMS HAVE INDICATED THEY DO NOT HAVE ANY CONCERNS REGARDING THE PROPOSED REZONING REQUEST OR THEIR ABILITY TO PROVIDE SERVICES WITH THE ANNEXATION AND PROPOSED ZONING OF THE PROPERTIES, THE CITY IS BETTER ABLE TO GUIDE FUTURE DEVELOPMENT TO ENSURE CONFORMANCE OF THE MASTER THOROUGHFARE PLAN, MASTER WATER PLAN, AND THE MASTER SEWER PLAN.

ADDITIONALLY, THE ANNEXATION ASSOCIATED ZONING WOULD ENSURE THAT ANY FUTURE DEVELOPMENT WILL MEET CITY STANDARDS TO ENSURE COHESIVE DEVELOPMENT ACROSS THE CITY OF SHIRTS, WHICH WILL ULTIMATELY WILL ENSURE THE SAFE, ORDERLY AND EFFICIENT DEVELOPMENT OF THE CITY.

[03:35:01]

ALTHOUGH NO DEVELOPMENT PLANS ARE CURRENTLY PROPOSED FOR THE PROPERTIES BEING ZONED, IF DEVELOPMENT WAS TO OCCUR, THE WATER, SEWER AND ROADWAYS WOULD BE EVALUATED DURING THE DEVELOPMENT PROCESS.

NUMBER FIVE, WHETHER THERE HAVE BEEN ANY ENVIRONMENTAL OR ECONOMICAL CHANGES WHICH WARRANT THE REQUESTED CHANGE, NO, THERE HAVE NOT.

UM, THERE HAVE BEEN NO ENVIRONMENTAL OR ECONOMICAL CHANGES THAT WARRANT THE REQUESTED ZONE CHANGE.

THE SUBJECT PROPERTIES ARE CURRENTLY WITHIN THE CITY'S ETJ AND UNDER DELAYED ANNEXATION AGREEMENTS.

ZONING DESIGNATION HAS NOT PREVIOUSLY BEEN ESTABLISHED FOR THESE SUBJECT PROPERTIES.

NUMBER SIX, WHETHER THERE IS AN ERROR IN THE ORIGINAL ZONING OF THE PROPERTY FOR WHICH THE CHANGE IS REQUESTED.

AGAIN, THE SUBJECT PROPERTY HAVE NO, HAS NO EXISTING ZONING AS THE PROPERTIES ARE IN THE A TJ.

NUMBER SEVEN, WHETHER ALL THE APPLICANT'S BACK TAXES OWED TO THE CITY HAVE BEEN PAID IN FULL.

AGAIN, THE PROPERTIES ARE NOT IN THE CITY AND NO BACK TAXES ARE OWED TO THE CITY OF SHIRTS.

NUMBER EIGHT, WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT TO THE CONSIDERATIONS OF THE AMENDMENT.

STAFF HAS INSURED ALL UDC REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONE CHANGE AND THIS TIME HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FROM THE P AND Z OR THE CITY COUNCIL.

SO DUE TO THE PROPERTIES HAVING DELAYED ANNEXATION DEVELOPMENT AGREEMENTS AND EXTENSIONS THAT ARE EXPIRING AND ARE SUBJECT TO VOLUNTARY ANNEXATION IS APPROPRIATE TO ZONE THESE PROPERTIES.

AT THE SAME TIME.

PER THE AGREEMENTS UPON ANNEXATION, THE PROPERTY SHALL BE ZONED IN ACCORDANCE WITH THE USES AND PROCEDURES SET FORTH IN THE CITY'S COMPREHENSIVE LAND PLAN AND UNIFIED DEVELOPMENT CODE.

THE PROPOSED ZONING DESIGNATIONS ARE IN CONFORMANCE WITH THE RECENTLY ADOPTED COMPREHENSIVE LAND USE PLAN, FUTURE LAND USE MAP AND STAFF IS RECOMMENDING APPROVAL OF PLZC 20 24 0 0 9 2 AS PRESENTED WITH BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 3 3 9 3 5 9 EXCLUDED FROM THE PROPOSED ZONING REQUEST.

ALRIGHT, THANK YOU EMILY.

BUT WE, AS STAFF, WE WOULD SAY IF WE HEAR VERY SIMILAR COMMENTS TO THE KOMAL AND GUADALUPE COUNTY PROPERTY OWNERS, UM, STAFF WOULD BE IN AGREEANCE TO MOVE FORWARD WITH REZONING ALL OF THEM AS THE AGRICULTURAL DISTRICT AD.

ALRIGHT, THANKS.

UH, ONCE AGAIN, THIS IS A PUBLIC HEARING.

IT IS, UH, 9:47 PM I CAN MAKE MY PEN MARK.

THE FLOOR IS OPEN FOR COMMENT.

UH, PLEASE, AS YOU ADDRESS THE MIC, GET TO THE MICROPHONE, GIVE YOUR NAME AND ADDRESS FOR THE RECORD.

PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES.

GO AHEAD, SIR.

APPRECIATE YOUR COMMENTS.

UH, MY NAME IS REAGAN AND I'M, I LIVE AT 7 9 9 3 TRAINOR HALE ROAD, UNIT FOUR.

UM, JUST TRYING TO MAKE SOME OBSERVATIONS HERE.

UH, I I'M, I'M GLAD THAT BARB WIRE HAS, HAS FINALLY S SEEN IT TODAY IN COURT, UH, AND, AND, AND BEEN BEEN IDENTIFIED.

UH, I REALIZE WITH THE, UH, EXPLANATION BY THE CITY ON FIVE A, WHY IT'S TAKEN 14 AND A HALF YEARS TO GET THOSE PUT TOGETHER.

UH, JUST TO THROW IT IN WITH EVERYBODY ELSE.

I'M OPPOSED TO THIS.

UH, BUT I ALSO RECOGNIZE THE FACT THAT THROUGH ALL Y'ALL'S WORK AND DILIGENCE I HAVE, I I HAVE SEEN THE COUNCIL RECEIVE A RECOMMENDATION OF FIVE ACRE SPACING AND IMMEDIATELY HAD A DEVELOPER AND IT WENT TO FOUR TO SIX OR OR FOUR TO FIVE HOUSES PER ACRE.

AND JE THEY REC REJECTED YOUR SPACING COMPLETELY.

SO WHATEVER WE DO HERE, IF YOU WANT TO DO IT, AG, GD, WHATEVER, UH, YOU KNOW, IT'S GONNA CHANGE AND THEY, THEY CAN SEE FIT.

AND I REALLY FEEL SORRY FOR Y'ALL FOR HAVING TO WORK SO MUCH AND, UH, GET IT JUST THROWN OUT THE DOOR.

UH, THANK YOU.

THANK YOU, SIR.

DISTRICT IS DEFINED AS AREAS WHERE AGRICULTURAL LAND IS HELD IN SUCH USE FOR AS LONG AS IT'S PRACTICAL AND REASONABLE.

MY NAME IS KATHY SHORN.

I LIVE AT 83 20 TRAINOR HALE ROAD.

UH, I'M NOT GONNA BELABOR WHAT HAS BEEN DONE.

THANK YOU, EMILY, FOR ALL THE WORK IN CREATING ARTICLE SEVEN.

I THINK IT GOES A LONG WAY TOWARD A, A GOOD STEP AND, YOU KNOW, STUFF IS NEVER DONE PERFECTLY THE FIRST TIME.

SO, UM, I AM HERE TO OPPOSE NOT ONLY THE ANNEXATION, BUT THE R TWO ZONING ON TRAINER HALE ROAD AND TO ASK THE PLANNING AND ZONING COMMISSION TO RECOMMEND THE AGRICULTURAL DESIGNATION, UH, AGRICULTURAL RESIDENTIAL DISTRICT AD, HOWEVER YOU WANT TO REFER TO IT.

UH, ACCORDING TO THE CITY'S WEBSITE, THE AGRICULTURAL

[03:40:01]

THOSE OF US WHO LIVE IN SOUTH SHIRTS ON TRAINER HILL ROAD ARE STILL ACTIVELY USING OUR LAND FOR AGRICULTURAL PURPOSES.

THEREFORE, ACCORDING TO THE DEFINITION BY THE CITY OF SHIRTS, IT SHOULD BE DESIGNATED AGRICULTURAL RESIDENTIAL.

HELLO, MY NAME IS JANICE LUDWIG AND I OWN PROPERTY ON RAFE BURNETT PROPERTY ID NUMBER 1 2 7 4 9 2 0.

I AM OPPOSED TO THE REZONING AND THE ANNEXATION OF MY PROPERTY AND THE SURROUNDING AREAS TO SINGLE FAMILY RESIDENTIAL.

MY PROPERTY HAS BEEN IN MY FAMILY FOR OVER 400 YEARS AND HAS BEEN FARMED AND CONTINUES TO BE FARMED TODAY I DO NOT FEEL THAT I SHOULD HAVE TO BE BURDENED WITH THE REZONING OF THE AREA TO SINGLE FAMILY RESIDENTIAL AND THE PROBLEMS THAT WILL ACCOMPANY THIS CHANGE IN ZONING.

MY PROPERTY IS ONE OF THE FEW LARGE ACREAGE PROPERTIES LEFT IN THE AREA, AND I AM SURE THAT I SPEAK FOR MANY OTHER FAMILIES IN THE AREA THAT DO NOT WANT TO SEE THE BEAUTIFUL COUNTRYSIDE TURNED INTO A SEA OF RESIDENTIAL HOMES LIKE THE 636 RESIDENTIAL LOTS BEING CREATED IN THE SADDLEBROOK RANCH DEVELOPMENT, WHICH IS NEXT TO MY PROPERTY, MY FAMILY AND I WOULD LIKE TO CONTINUE OUR FAMILY TRADITION OF FARMING THE LAND FOR GENERATIONS TO COME.

I'M ALSO EXTREMELY OPPOSED TO THE MAJOR PRINCIPLE ARTERIAL ROADWAY, WHICH IS PLANNED NEXT TO MY PROPERTY.

THIS ROADWAY WOULD GREATLY INTERFERE WITH MY FARMING OPERATION AND REMOVE SIGNIFICANT ACREAGE FROM MY PROPERTY, RESULTING IN A REDUCTION OF FARM INCOME WHILE COMPLETELY CHANGING THE LANDSCAPE OF THE AREA.

MY FAMILY AND I ASK THAT THE PLANNING AND ZONING COMMISSION AND THE CITY OF SHEZ RECONSIDER THE REZONING OF THIS AREA AND ALLOW THE WONDERFUL FARMING COMMUNITY TO REMAIN.

SOMEHOW I KNEW I COULD COUNT ON YOU DOCTOR .

BAD PENNY.

OH, THAT'S ALL RIGHT.

AGAIN, MY NAME IS MARK PENCE HORN.

I LIVE AT 83 20 TRAINOR HALE ROAD.

AND PER YOUR REQUEST, MR. OUTLAW, I'M GONNA STICK TO THE SUBJECT OF ZONING.

UM, AS YOU MAY HAVE RECALLED, WHEN I'VE BEEN BEFORE THIS BOARD BEFORE, I'VE TALKED A LOT ABOUT INFRASTRUCTURE, PARTICULARLY DRAINAGE INFRASTRUCTURE.

THE AREA OF SOUTH SHIRTS IS KIND OF UNIQUE IN THAT IT'S MOSTLY FLAT.

UM, THERE'S NOT A LOT OF INHERENT DRAINAGES EXCEPT FOR THE SYBIL OAK CREEK AND WOMAN HOLLERING CREEK.

THERE'S NOT VERY MANY TRIBUTARIES GOING TO THOSE TWO TREE CREEKS FROM THE LAND IN QUESTION THAT'S BEING ANNEXED, PUTTING FOUR TO FIVE HOUSES ON AN ACRE WITH ALL THE IMPERVIOUS COVER THAT THAT ENTAILS IS GOING TO RESULT IN WATER ISSUES THAT ARE NOT ANTICIPATED.

AND AS YOU MAY RECALL, JUST LAST WEEK, WE WERE REMINDED THAT 20 INCHES OF RAIN CAN FALL IN A DAY AS IT DID IN CONROE.

IF THAT HAPPENS AGAIN HERE, THERE'S A LOT OF HOUSES ON LOWER SINE ROAD THAT ARE GONNA HAVE WATER IN THEM IN THE NEW SUBDIVISIONS THAT ARE BEING BUILT BECAUSE WE, FOR SOME CRAZY REASON, DESIGN OUR DRAINAGE TO 25 YEAR FLOOD EVENTS.

UNLIKE THE DUTCH WHO DESIGNED THEM TO THOUSAND YEAR FLOOD EVENTS, MAYBE THEY'RE A LITTLE SMARTER THAN WE ARE.

UM, AND IF THE ZONING TRAIN CONTINUES TO RUN TO ITS COMPLETION, UH, I THINK THAT THE LEAST DENSE HOUSING IN THE AREA MAKES THE MOST SENSE.

WHATEVER THAT IS WAY I FIGURED IT'S THE RESIDENTIAL AGRICULTURAL DISTRICT.

I UNDERSTAND HOW Y'ALL DO IT AND WHY Y'ALL DO IT, BUT IT'S STILL NOT RIGHT FOR EVERYBODY THAT OWNS THE PROPERTY.

THANK YOU ALL FOR BEING HERE AND LISTENING TO US.

BUT AGAIN, MY NAME IS TRACY CAMPOS.

I LIVE AT 1 2 3 4 0 SCHAEFER ROAD AND I AM AGAINST THE ZONING CHANGE.

IF, IF SOMEBODY WANTS TO BUY SOMEBODY'S PROPERTY AND REZONE IT, THAT SHOULD BE UP TO THEM.

IT SHOULDN'T BE A BLANKET FOR, YOU KNOW, JUST TO MAKE IT EASIER.

LAND USE SURVEY.

[03:45:01]

ANYBODY WANTS TO OWN TO BUY THE PROPERTY FROM WHOMEVER, THEN IT NEEDS TO BE UP TO THEM TO PAY THE FEES AND DO, DO THE REZONING ON THEIR OWN.

THE INFRASTRUCTURE IN SHIRTS, I KNOW EMS AND FIRE HAVE TROUBLE KEEPING UP WITH CALLS BECAUSE ON SCHAEFER ROAD ITSELF, AT LEAST ONCE A WEEK S IS COMING THROUGH TO PROVIDE EMERGENCY SERVICES TO BACK UP SHIRTS.

AND IT'S USUALLY NOT SHIRTS GOING TO SLO IF THE, THAT HAPPENS EVERY ONCE IN A WHILE, BUT EVERY WEEK SLO IS COMING THROUGH SHIRTS THROUGH SCHAFER ROAD TO GO AND ASSIST SHIRTS IN THEIR COMMUNITY AND, AND HELP OUT FOR EMERGENCY SERVICE DISTRICTS.

SCHAFER ROAD CANNOT HANDLE MORE TRAFFIC.

SO ON THESE R TWO ZONINGS THAT THEY WANNA PUT ON SCHAFER ROAD THAT IT CANNOT HANDLE IT.

THERE'S SCHAFER ROAD, EVEN THOUGH IT HAS A TRAFFIC LIGHT ON SCHOOL MORNINGS, TRAFFIC IS BACKED UP A MILE DOWN SCHAFER ROAD, EVEN WITH THE TRAFFIC LIGHT.

AND SO THE EMS CAN'T EVEN HANDLE IT.

FIRE DEPARTMENT CAN'T HANDLE IT.

THE SCHAFER ROAD DOES NOT A, THE STREET ITSELF IS NOT CITY OF SHIRTS, BUT THEY TRY AND COME DOWN THERE AND AGAIN, THEY, THEY, THERE'S NO INFRASTRUCTURE TO HANDLE IT.

THE POLICE AND FIRE DON'T HAVE ENOUGH RESPONSE TIME AND THEY JUST HAVE A NEW FIRE STATION, FIRE STATION NUMBER THREE ON LOWER SAGA ROAD AND THEY STILL CAN'T HANDLE ALL THE TRAFFIC ON LOW ON SCHAEFFER ROAD AND IN THE AREA.

I'M, I AM AGAINST THE ZONING.

HELLO AGAIN.

CRAIG MOORE 7 7 0 3 TRAINER, HAL, UM, BACK, I THINK IT WAS IN 14 OR 15, I CAN'T REMEMBER.

UM, Y'ALL PASSED THAT.

YOU WANTED THREE MAIN THOROUGHFARES GOING EAST, NORTH SOUTH AND EAST WEST.

AND SO I CAN'T HELP BUT WONDER IF ZONING US R TWO IS GONNA BRING IN MORE HOUSES THE CAPABILITY OF, IF ANY, 'CAUSE WHAT I, I BELIEVE YOU SAID, IF THEY NEVER SELL, YOU'LL NEVER BUILD THE ROADS.

BUT IF YOU'RE CHANGING US ALL TO R TWO, THEN YOU'RE CREATING THE DEATHS OF THE PEOPLE THAT DON'T WANT TO DIE, THAT WANNA STAY THERE AND KEEP BUILDING AND FARMING.

BUT YOU'RE MAKING IT A LOT EASIER FOR DEVELOPERS TO COME IN TO PULL US OUT.

AND THEN THE NEXT THING YOU KNOW IS WE HAVE THIS, BUT LAURA SINE ROAD DOWN IN THERE, I MEAN THEY STOPPED PUTTING THE, UH, BARRIERS UP BECAUSE THEY PUT IN PERMANENT GATES TO CLOSE BECAUSE THAT FLOODS SO MUCH RIGHT THERE.

SO YOU'RE WANTING TO DEVELOP THIS AREA, BUT YOU'RE DOING IT THE WRONG WAY.

LIKE 15, 18 WHERE THEY'VE ALREADY GOT THE SUBDIVISIONS IN AND NOW THEY'RE TRYING TO GET THE, THE STREETS IN AND, AND YOU'RE NOT GONNA DO THAT HERE.

I'M ALREADY HAVE A HARD TIME.

I'M A THIRD OF A MILE FROM THE HIGHWAY AND IF THE TRAFFIC'S BACKED UP, I KNOW I HAVE TO DRIVE AROUND TO MAKE A LEFT INTO MY DRIVEWAY.

'CAUSE IF I TRY TO COME IN AND MAKE A RIGHT, I'M SITTING THERE FOR A HALF HOUR.

WHEN I BOUGHT THE LAND YEARS AGO, THIS WAS THE FIRST TIME I EVER HAD TO COME HERE.

THIS IS THE THIRD TIME I'VE HAD TO COME HERE.

I NEVER WENT TO CITY COUNCILS BEFORE I WENT TO COURT FOR TICKETS, BUT NEVER FOR THIS.

BUT I'M IN THAT ODD THING BECAUSE I'M STILL THE PRE GUY.

BUT WHEN YOU READ WHAT YOU READ WHERE IT SAID THERE WAS A TIME LIMIT THAT THEY HAD TO MAKE A DECISION, WHEN DID THAT COME INTO EFFECT? BECAUSE IT'S NOT IN THE PAPERWORK THAT I WAS HANDED STANDING IN THE OFFICE THE OTHER DAY.

AND SO IF THAT'S A CHANGE, I'M DOWN WITH WHATEVER.

I'LL BE AN RD, I'LL BE AN RA, I'LL BE A A G GIVE ME SOMETHING SO THAT THEN I CAN B***H ABOUT WHAT I AM.

BUT TO MAKE ME PAY FOR YOUR, FOR SHIRTS MISTAKES BACK THEN WHEN THEY ZONED ME IN, I DON'T FEEL THAT'S RIGHT.

I'M CHARLIE LEMAN.

I RESIDE AT 84 47 TRAINER HILL ROAD.

I OWN PROPERTY AT 86 0 2

[03:50:01]

TRAINER HILL ROAD.

UH, IT'S A 70 ACRE FARM THAT'S BEEN IN FARMING AND RANCHING PRODUCTION AS LONG AS I CAN REMEMBER.

UM, MY MOM IS ADJACENT TO ME, OWNS A HUNDRED ACRES OF LAND THAT HAS BEEN IN AGRICULTURAL USE SINCE 1950.

UH, I AM AGAINST THE ANNEXATION, BUT I WOULD ASK THAT YOU LEAVE THIS PROPERTY IN SOUTH BEAR COUNTY.

SOUTH SHIRTS, I MEAN SOUTH SHIRTS NOT SOUTH BERK COUNTY IN AGRICULTURAL USE.

'CAUSE IT'S ALL FAMILY FARMS WHERE I LIVE.

THEY'RE ALL SMALL, A HUNDRED ACRES OR SO.

BUT THEY'VE ALL BEEN IN PRODUCTION FOR GENERATIONS.

SO ASK THAT YOU LEAVE IT AS AG AGRICULTURAL.

ANYONE ELSE? ONCE AGAIN, I REALLY EXPECTED MORE FROM SOUTHERN SHIRTS.

I DIDN'T EXPECT ALL THAT FROM NORTHERN SHIRTS.

SO SOUTH DON'T OPEN, DON'T OPEN .

AND I, I'M, I'M SORRY.

IT'S THAT IT SOMETIMES IT'S THESE MAIDS DRAG ON SO LONG.

SO ANY, ANY ANYONE ELSE WANT TO ADDRESS THIS ON THIS TOPIC? NO.

THAT'S OKAY.

MY NAME'S BREEZY WEBB.

I LIVE AT 360 BIG JOHN LANE, NEW BRAUNFELS, TEXAS 7 8 1 3 2.

UM, GROWING UP IN THE AREA, WE OFTEN, YOU KNOW, TOOK COUNTRY DRIVES DOWN TRAIN TRAINER HILL ROAD, LOWER SINE ROAD.

UM, I NOW HAVE CLIENTS DOWN THOSE ROADS AND WHEN IT RAINS, IT RAINS.

UM, I HAVE A TRUCK WITH AN EIGHT INCH LIFT ON IT AND I WOULDN'T DARE DRIVE THAT TRUCK THROUGH ONE OF THOSE STREETS BECAUSE I KNOW I'M GOING TO BE SWEPT AWAY.

UM, ADDING MORE POPULATION TO UNDEVELOPED ROADS, TO FIELDS AND JUST TRYING TO LAYER IT WITH BASE TO THROW A CONCRETE PAD ON IT TO PUT A CRACKER JACK BOX ON IT IS NOT THE SOLUTION FOR THAT.

LEAVE THE LAND ALONE, LEAVE IT AS IT IS BECAUSE AS ONE MENTIONED, WHEN 20 INCHES OF RAIN COMES DOWN, WE'RE GOING TO HAVE TO BE ASKING FOR A STATE OF EMERGENCY.

UM, I'M, UH, .

I LIVE AT, UH, 1 2 5 0 3 BAR WAY.

AND, UH, I'M IN RHINE VALLEY.

I'M IN THAT DEVELOPMENT IMMEDIATELY AT THE BEGINNING OF LOWER SINE.

UH, AND, AND I'VE RUN THAT ROAD FOR ABOUT FIVE YEARS.

AND I'M, I'VE SEEN THE CONSTRUCTION THEY'RE PUTTING UP AND ALL THE HOMES ALREADY DOING THOSE TWO MASTER PLAN COMMUNITIES RIGHT THERE.

AND THAT ROAD IS TOTALLY UNDEVELOPED.

LIKE IT'S, I DON'T KNOW WHEN THEY'RE PLANNING TO PUT IN MORE INFRASTRUCTURE FOR EVERYONE AROUND THERE, BUT I NEVER THOUGHT THEY'D BE PUTTING IN MORE HOMES BACK IN THAT FARMLAND.

IT JUST DOESN'T EVEN MAKE SENSE.

THE ROAD ISN'T EVEN GOOD ENOUGH FOR IT.

AND LIKE EVERYONE HAD SAID, IF YOU DRIVE PAST MY COMMUNITY, EVEN RIGHT IN FRONT OF MY COMMUNITY, WHEN IT RAINS, IT TOTALLY FLOODS OUT.

AND THAT'S NEVER BEEN FIXED.

EVERYONE WHO COMES BY MY HOUSE KNOWS THAT YOU'RE, IF YOU'RE GOING DOWN LOWER SEGUIN, IT'S, IT'S BASICALLY POTHOLE CITY.

UM, BUT I LOVE IT 'CAUSE IT'S ALL FARMLAND AND, UH, I, I REALLY JUST DON'T KNOW HOW THEY'RE PLANNING ON PUTTING HUNDREDS AND HUNDREDS AND HUNDREDS OF MORE HOMES INTO THAT AREA.

IT'S JUST NOT EVEN READY FOR IT.

SO I JUST WANTED TO LET YOU KNOW, JUST FROM BEING THERE EVERY DAY, I DON'T KNOW HOW YOU'RE GONNA DEVELOP IT THERE.

SO THAT WAS MY QUESTION FOR THE PLANNING COMMITTEE AND WHAT YOU DECIDED OR WHAT YOU'RE PLANNING ON DOING THERE.

UH, LISA SCHMIDT, 82 0 6 TRAINER HILL ROAD.

IT WAS MY HUSBAND'S TURN TO GET UP HERE THIS TIME, BUT HE TOOK A NAP.

SO, UM, WE ARE, OUR AREA THERE IS ONE TO 400 ACRE PLACES AGRICULTURAL USE.

UM, WE'VE ALL RAISED ALL OF OUR FAMILIES, ALL OF OUR KIDS.

IF I COULD INTERRUPT YOU, YOU'RE VERY SOFT SPOKEN, SO.

YES, IT'S, I'M REALLY NERVOUS.

IT TO BE USED IT SHORT AND SIMPLE AGRICULTURAL, UM, LIKE IT TO STAY THAT WAY.

SO, UH, WE'VE RAISED ALL OF OUR CHILDREN.

UM, THEY'VE GONE OFF, THEY'VE COME BACK, THEY'VE GONE OFF, YOU KNOW, LOTS OF FOUR HS.

UM, A LOT OF LIFE THERE FOR ALL OF US.

UM, IT'S STILL BEING USED THAT WAY.

WE LIKE

[03:55:01]

WE'D RATHER NOT BE ANNEXED AT ALL, BUT IF WE HAVE TO, UM, AND WE ARE OLDER GENERATION AND, UH, EVENTUALLY Y'ALL, WE'LL PROBABLY GET IT, YOU KNOW, FOR RESIDENTIAL, BUT AT THAT TIME, MAKE IT RESIDENTIAL.

DON'T DO IT TO US NOW.

ANYONE ELSE? AGAIN? HELLO AGAIN.

I JUST WANTED TO, UH, SAY I'M SO PROUD TO ACTUALLY SEE THIS.

THE TRUTH IS THAT, UM, NO MATTER WHAT HAPPENS, UM, OF COURSE I KNOW IT'S THREE MINUTES, UH, FOR MOST OF US, BUT IT'S ACTUALLY GONNA CHANGE OUR LIVES.

UM, HOW MUCH TIME DO YOU REALLY DEDICATE TO THAT? RIGHT? UH, SOME OF THESE PEOPLE HAVE BEEN WORKING THEIR LAND FOR GENERATIONS.

UM, I JUST WANNA THANK THE BOARD, UH, 'CAUSE I SEE A LOT OF PEOPLE ACTUALLY GENUINELY PASSIONATE ABOUT WHAT THEY'RE DOING.

AND I WISH THERE WAS MORE PEOPLE, LIKE SOME OF YOU THAT ACTUALLY TAKE THE TIME AND DOING THESE, THESE THINGS FOR THE RIGHT THING.

UM, I HOPE WE DON'T FALL SO FAR FROM OUR VALUES THAT WE PUT OTHER THINGS IN FRONT OF, UM, WHAT MATTERS IN TEXAS.

WE USED TO VALUE FARMING, RANCHING THE WAY OF LIFE, OUR VALUE SYSTEM, WHAT SEPARATED US AND WHAT MADE US UNIQUE.

IT SEEMS LIKE WE'RE A DYING BREED.

I'M NOT READY TO, I'M NOT READY FOR IT.

AND NEITHER ARE MY CHILDREN.

AND ONCE AGAIN, I HATE TO SAY THIS SLOGAN BECAUSE IT WAS ACTUALLY THE SPARTANS, BUT COME AND TAKE IT.

WELL, I'M NOT NERVOUS, BUT .

MY NAME IS JIM BARR.

MY WIFE SHARON AND I LIVE ON 87 58 TRAINER HILL ROAD.

WE HAVE 10 ACRES OF LAND THAT WE PURCHASED IN 1974.

OUR DREAM WAS TO RETIRE ON OUR LAND.

AND I'VE RETIRED TWO YEARS AGO.

MY WIFE'S GONNA RETIRE IN A MONTH.

AND IT'S PRETTY, I DON'T KNOW HOW Y'ALL WOULD FEEL, BUT YOU WORKED YOUR WHOLE LIFE.

50 YEARS, GET A PLACE.

WE'VE HAD OUR PLACE FOR A LONG TIME.

WE DON'T WANNA SEE ROOFTOPS.

EVERYTHING WE HAVE AROUND US IS CATTLE.

IT'S CATTLE COUNTRY.

I MEAN, THESE PEOPLE WORKED THEIR WHOLE LIVES.

I MEAN, AND IT'S JUST, IT'S JUST NOT RIGHT.

I KNOW PROGRESS IS INEVITABLE, WE UNDERSTAND THAT.

BUT THERE'S OTHER PLACES Y'ALL CAN BUILD BESIDES SOUTH CHURCH, BESIDES TRAINER HILL ROAD.

I MEAN, WE'VE, WE'VE BEEN THERE FOR A LONG, LONG TIME AND WE, WE REALLY WANT TO RETIRE IN A PEACEFUL, QUIET NEIGHBORHOOD.

BUT IT'S JUST, IT JUST DOESN'T SEEM FAIR TO ME.

YOU KNOW, I DON'T, Y'ALL AREN'T IN OUR SITUATION.

YOU PROBABLY DON'T UNDERSTAND WHAT WE'RE SAYING, BUT WHEN YOU WORK 50 YEARS AND YOU WANT 'EM RETIRE AND YOU WANT TO SEE THINGS STAY THE WAY THEY ARE, IT'S PRETTY IMPORTANT TO US.

THE SOIL MOVES, ESPECIALLY WHEN WE DON'T GET RAIN ALSO.

UM, FIRST OF ALL, I WANNA APOLOGIZE FOR WHAT HAPPENED A WHILE AGO WITH MR. .

UM, I JUST, IT'S JUST SAD.

I MEAN, TO GO THROUGH 18 YEARS, YOU KNOW, BEGGING FOR WATER IN UNITED STATES OF AMERICA, THAT'S ONE THING.

ANOTHER TWO, BEGGING THE CITY TO CLEAN OUR SMALL STREET, WHICH IS OSE STREET, WHICH IS, I CALL IT A LITTLE ALLEY.

THE TREES FALL.

YOU KNOW, NOBODY EVER IF IN ONCE IN A WHILE THEY GO AND CLEAN IT, BUT YET OUR TAXES KEEP GOING UP.

UM, ALSO, YOU KNOW, AT THE MAIN INTEREST OF THE PARKLAND SUBDIVISION, I DON'T KNOW HOW MANY OF THE NEIGHBORS HAD BEEN LONG ENOUGH THERE, BUT THERE WAS ONE, ONE TIME THAT THE WHOLE STREET JUST OPENED UP WHEN IT RAINED A MAJOR HOLE GOT THERE, YOU KNOW, SO EVIDENTLY THAT'S AGRICULTURE LAND, YOU KNOW, ALSO DOWN THE ROAD ON ECO HEART, WHEN YOU'RE GOING TOWARDS GREEN VALLEY, THAT AREA RIGHT THERE KEEPS OPENING UP OVER AND OVER AND OVER, YOU KNOW, SO THEN THEY BUILDING IN THESE HOUSES, YOU CAN EVEN GO LOOK INTO MY HOUSE.

IT'S IN, UH, PURE BEAMS PRETTY MUCH.

AND IT KEEPS, UM, CRACKING BECAUSE

[04:00:01]

UM, BUT A YEAR AND A HALF AGO I WAS IN THE BIND THAT I WANTED TO REPAIR MY HOUSE BECAUSE I WANNA LEAVE SOMETHING GOOD FOR MY CHILDREN.

AND I HAPPENED TO BUY A MOBILE HOME, A 2015 MOBILE HOME THAT HARDLY, THAT HARDLY HAD EVER BEEN USED.

UH, AND I BOUGHT IT THERE IN NEW BRAUNFELS, BUT YET TO MY SURPRISE, I COULD NOT MOVE IT INTO MY PROPERTY.

SO IT'S SAD THAT YOU WORK SO HARD TO OWN A PROPERTY, TO FINISH PAYING YOUR PROPERTY AND YOU CAN'T DO NOTHING WITH IT.

AND YOU HAVE FIVE ACRES.

I CANNOT BUILD CERTAIN THINGS.

I'M NOT GRANDFATHER.

I GOT AN EX WITHOUT PERMISSION.

I COULDN'T BRING THAT MOBILE HOME, NOT EVEN TEMPORARILY, BECAUSE I WAS GONNA DEVALUE THE OTHER PROPERTIES.

BUT YET, AND WHEN YOU WALK, ALSO, WHEN YOU DRIVE IN THE PARKLAND SUBDIVISION ON MY, ON THIS SIDE OF MY PROPERTY, IF I'M FACING THIS WAY AND THIS SIDE OF MY PROPERTY, THIS IS THE FRONT OF MY HOUSE.

THEY BUILD SMALLER HOUSES THAN IN THE FRONT.

YOU CAN HARDLY EVEN DRIVE TO THAT AREA.

I MEAN, BUT YET I CANNOT BRING JUST ONE MOBILE HOME INTO A FIVE ACRE PROPERTY.

BUT YET THEY BUILD SO MANY, THEY WANNA BUILD MAYBE AROUND 30 HOUSES ON MY FIVE ACRES.

YOU KNOW? SO ALL WE ASKING IS JUST TO FEEL SOME SYMPATHY.

I KNOW A LOT OF YOU MIGHT HAVE, YOU KNOW, UM, JOBS, WELL PAID OFF JOBS, AND YOUR DUTY IS TO DO THIS KIND OF JOB, YOU KNOW, TO JUST PUT PRESSURE ON PEOPLE.

WHAT ARE WE, WHICH IS A NUMBER MAYBE TO MANY OF Y'ALL, BUT WE'RE STILL HUMAN BEINGS.

WE STILL HAVE DREAMS. WE STILL HAVE FAMILIES.

WE STILL WANNA LIVE IN OUR PROPERTY AND SEE OUR CHILDREN GROW.

I DON'T WANNA LIVE WITH MY, YOU KNOW, GO LIVE WITH MY IN-LAWS OR ANYBODY ELSE.

I WANNA LIVE IN MY OWN PROPERTY.

I WANNA GROW OLD AND THERE WHERE MY GRANDCHILDREN CAN COME AND SEE ME, AND I DON'T HAVE TO GO TO THEIR PROPERTY, YOU KNOW? SO ALL OF US HAVE A DREAM.

ALL OF US WORK FOR OUR DREAMS. SO ALL I ALL, I'M CALLING Y'ALL TO JUST THINK ABOUT IT, YOU KNOW, ON THE DECISIONS THAT Y'ALL MAKE TODAY.

YOU MIGHT HAVE MONEY TOMORROW.

YOU MIGHT NOT KNOW IF YOU'RE IN MY POSITION OR IN SOMEBODY'S HOUSE POSITION.

JUST REMEMBER THEN.

THANK YOU SO MUCH FOR YOUR TIME.

ANYONE ELSE? NO.

YOU SURE? ALRIGHT.

IT IS, UH, 10:12 PM AND THE PUBLIC INPUT IS, UH, PORTION OF THIS HEARING IS CLOSED.

COMMISSIONERS, IF YOU WILL, LET ME JUST START OFF WITH SOME, SOME GENERAL COMMENTS.

UM, I SPENT, UM, 25 YEARS WITH SHEZ FIRE DEPARTMENT.

STARTED WITH 'EM IN 1989.

I WAS HERE FOR THE 97 FLOOD, WHICH, UM, TOOK MOST OF, UM, WHAT'S NOW THE PARK OUT THERE.

AND EVERYBODY SAID THEY'D NEVER SEEN ANYTHING LIKE THAT.

AND THEN 98 ROLLED AROUND AND IT WAS EVEN WORSE.

TOOK THE REST OF, UM, THE AREA THAT WHAT'S NOW, AND I WISH I COULD MARRY CHRIS AND BEN PARK, UH, USED TO BE FULL OF HOMES, UH, INCLUDING OUR ASSISTANT CITY MANAGER LIVED OUT THERE.

UM, SO I'VE SEEN A LOT OF CHANGE.

WE'VE, YOU KNOW, WE'VE BEEN THROUGH A LOT OF, ALL THAT DEVELOPMENT YOU SEE OUT THERE.

SADDLEBROOK, UH, RHINE VALLEY, WHICH BELIEVE IT OR NOT, STARTED OUT AS PRIDE ROCK.

UM, ALL OF THOSE THINGS.

UM, YOU KNOW, I WASN'T ON PLANNING AND ZONING.

I WAS, I WAS STILL AN EMPLOYEE AT THE TIME.

BUT, BUT WE HEARD ALL THE ARGUMENTS ABOUT WE DON'T WANT TO BE ANNEXED AND THIS, THIS PROPERTY, IT'S BEEN IN OUR FAMILY FOR 150 YEARS AND WE'RE NEVER GONNA SELL IT.

WELL, SOMEBODY SOLD IT.

OKAY? UM, WE BASICALLY, YOUR NEIGHBORS ARE THE ONES, YOU KNOW, THEY SELL THEIR PROPERTY AND THEN THE DEVELOPERS COME IN AND WE DO OUR BEST TO TRY TO, CONTROL ISN'T THE RIGHT WORD, BUT, BUT, UH, YOU KNOW, UM, TO, TO TRY TO DRIVE THAT DEVELOPMENT.

UM, BUT IT'S INEVITABLE.

IT'S, UM, UM, I I I WISH WE COULD DO MORE.

UM, BUT WE UNDERSTAND THE CONCERNS.

WE UNDERSTAND THE PASSION, YOU KNOW, THE, THE, THE DISCUSSION ABOUT YOU BOUGHT YOUR DREAM HOME OUT THERE AND, AND NOW WE'RE GONNA COME ALONG AND, AND PULL THE RUG OUT FROM UNDER YOU.

UM, AS, AS FAR AS THAT, UM, UH, SADDLEBROOK IS

[04:05:01]

BUILDING PART OF WHAT SOMEDAY MAY BE THE, AN EXTENSION OF 3 0 0 9.

IT WON'T BE CALLED 3 0 0 9 BECAUSE IT WON'T BE A STATE HIGHWAY.

UM, MANY YEARS AGO, UM, LONG ENOUGH THAT I DON'T REMEMBER HOW MANY, UH, TDOT WAS GOING TO EXTEND.

3 0 9 FROM 78 ALL THE WAY TO I 10.

AND THAT PROJECT WAS, UH, DERAILED BY THE RESIDENTS THAT LIVE OUT THERE.

UM, AND, UM, SO TEXDOT HAS TAKEN THAT OFF THE, YOU KNOW, THEY'RE NOT EVEN THINKING ABOUT IT ANYMORE.

WELL, THEN ALONG ABOUT, UH, OH, WHAT WE USED TO DO IS WHEN A DEVELOPER, UH, PUT IN A SUBDIVISION, THE CITY WOULD REQUIRE HIM TO DEVELOP WHATEVER THE ROAD WAS IN, IN FRONT OF HIS SUBDIVISION, SCHAEFFER ROAD, LOWER SEINEN.

WELL, ABOUT THREE OR FOUR LEGISLATIVE SESSIONS AGO, THE STATE TOOK THAT AUTHORITY AWAY FROM US.

WE CAN'T DO THAT ANYMORE.

SO OUR LATEST ATTEMPT IS WE, WE, WE, UH, WE CHARGE WHAT ARE CALLED ROADWAY IMPACT FEES, AND WE COLLECT THOSE FEES AND HOPEFULLY SOMEDAY, UM, THE CITY WILL GO IN THERE AND BUILD SOME OF THOSE.

NOW, THAT'S ALL REALLY GOVERNED BY OUR MASTER THOROUGHFARE PLAN.

AND IF YOU LOOK, IT SHOWS AN EXTENSION OF 3 0 0 9 ALL THE WAY TO I 10.

WELL, THE CITY'S NOT GONNA GO OUT THERE AND BUILD THAT ROAD.

UM, YOU KNOW, UM, SO THE, AND I DON'T REMEMBER WHO IT WAS, BUT THE, THE LADY THAT HAS ALL THAT PROPERTY ON, ON RAE BURNETT, UM, YOU KNOW, UM, AND, AND, AND THAT THOROUGHFARE PLANE IS JUST, IT, IT'S A ROUGH ESTIMATE.

THAT'S NOT NECESSARILY WHERE THE ROADS ARE GONNA GO.

UM, I LIVE UP IN SAVANNAH SQUARE ABOUT A MILE AND A HALF UP THE ROAD HERE, UP ON THE HILL.

UH, YOU TALK ABOUT SEEING SLO FIRE.

WELL, NINE TIMES OUTTA 10 WHEN A FIRETRUCK GOES BY MY HOUSE, IT'S BLACK AND SILVER.

IT'S NOT RED AND WHITE.

SHORTLY, UH, ABOUT THE TIME I RETIRED IN 2014, WE ENTERED A, AN AGREEMENT WITH SLO WHERE IT'S CLOSEST UNIT BECAUSE BOTH FIRE DEPARTMENTS ARE DISPATCHED BY OUR DISPATCHER.

SO GIVEN AND WE'RE, THEY'RE BOTH FIRE DEPARTMENTS ARE IN THE SAME DISPATCH SYSTEM.

SO RATHER THAN JURISDICTIONAL BOUNDARIES, IT'S WHATEVER UNIT IS CLOSER.

AND, AND THE PROBLEM WE RAN INTO AS A FIRE DEPARTMENT, WE WENT OUT THERE AND WE BUILT THAT BRAND NEW FIRE STATION OUT THERE ON LOWER SAGU ROAD NUMBER THREE, BUT IT'S ONE ENGINE COMPANY.

IF THEY'RE OUT ON A CALL, THEY'RE ALREADY BUSY.

THE NEXT CLOSEST ONE IS RIGHT OVER HERE.

UNLESS THEY'RE OUT ON A CALL NOW YOU'RE LOOKING AT THE ONE UP ON THE INTERSTATE.

SO THE WHOLE IDEA, THAT'S WHY YOU SEE A LOT OF SLO IT'S, IT'S JUST THAT AGREEMENT WE HAVE BECAUSE THE PHILOSOPHY BACK THEN WAS LET'S TAKE CARE OF THE PEOPLE.

THE HECK WOULD THESE BOUNDARIES, LET'S MAKE SURE WE'RE TAKING CARE OF OUR PEOPLE.

UM, AND THEN ONE LAST THING, IF YOU DON'T MIND.

COULD YOU TELL US THE DIFFERENCE BETWEEN RA RESIDENTIAL AGRICULTURE AND AD AGRICULTURE DISTRICT YEAH.

VERSUS FIVE ACRES AND SOME OF THE USES ARE SLIGHTLY DIFFERENT.

AGAIN, THE RA DOESN'T GENERALLY ALLOW THE SAME AGRICULTURAL RELATED USES FULLY BASED ON THAT MINIMUM PROPERTY SIZE.

THE, AT ITS BA MOST BASIC, IT'S THE, THE MINIMUM SIZE.

SO, UH, AGRICULTURAL DISTRICT REQUIRES THE MINIMUM FIVE ACRES.

FIVE ACRES, BUT YOU CAN STILL LIVE ON IT IN SURE.

YOU STILL LIVE ON IT, BUT THEN IT ALLOWS THOSE, I I, I BELIEVE, 'CAUSE I WAS LOOKING AT WHEN WE TALKED, IT ALLOWS A FEW MORE OF THE AGRICULTURAL OKAY.

TYPE USE.

ALTHOUGH THAT, THAT'S, THAT'S GOOD ENOUGH FOR ME.

I APPRECIATE THAT.

ALL RIGHT, COMMISSIONERS, I HAVE QUESTIONS.

I, I WON'T MAKE A MOTION UNTIL WE'RE ALL DONE, BUT, UM, REAL QUICK.

SO, UM, THERE WAS A COUPLE QUESTIONS ABOUT, UH, THE DETENTION, UH, AND POSSIBLE, UM, FLOOD ISSUES.

IS, IS SOUTHERN SHIRTS IN A MANDATORY DETENTION AREA OR IS THAT

[04:10:01]

NO.

UH, THE, THE CITY'S STORMWATER DRAINAGE ORDINANCE APPLIES THE ENTIRE CITY.

, WE DON'T DISTINGUISH PARTICULAR AREAS.

UH, BUT ESSENTIALLY FOLKS HAVE TO HAVE TO, GENERALLY THEY HAVE TO DETAIN TO NOT INCREASE THE RATE OF FLOW.

UH, THERE ARE SOME EXCEPTIONS WITH THAT.

YOU KNOW, I TYPICALLY REFER TO IT AS COINCIDENTAL PEAKS OR PEAK ON PEAK.

WHERE YOU WANT TO GET THE WATER OUT QUICKER BEFORE THE STUFF DOWNSTREAM COMES.

UH, BUT GENERALLY THAT'S, THAT'S WHAT APPLIES.

UM, AND AGAIN, I CERTAINLY APPRECIATE DR.

SHOR'S COMMENTS.

THE BENEFIT FOR FOLKS IN SOUTHERN SHIRTS WHERE WE HAVE THOSE AGREEMENTS.

IT'S A THEORETICAL.

UH, THE OTHER, I WOULD SAY, AND FOR THE FOLKS WHO ARE HERE IN 98, AND, AND AGAIN, AS I'VE HEARD THE STORIES, PEOPLE ARE GOING, WHAT DO YOU, THIS IS CRAZY.

WHAT DO YOU MEAN MOVING AS FLOW? IT'S NOT RAINING.

WELL, IT WAS RAINING UP BY, BY BERNIE.

AND SO WHAT HAPPENS OUTSIDE OF OUR BOUNDARIES AFFECTS US AS WELL.

UM, OKAY.

THAT WAS IT.

I WAS JUST CURIOUS.

I, UM, YOU KNOW, I I THINK IT'S AN INTERESTING PERSPECTIVE, UH, DOING A VERY SIMILAR JOB IN SAN ANTONIO WHERE YOU SEE THE SAME, NOT THE SIMILAR, UH, THE SAME SITUATION, BUT VERY SIMILAR SITUATIONS WHERE WE'RE NOW AT A POINT WHERE YOUR CITY LIMITS ARE GROWING SO LARGE.

UM, AND THE SAME PRE-DEVELOPMENT, OR NOT PRE-DEVELOPMENT, BUT PRE ANNEXATION, UH, OR PRELIMINARY ANNEXATION AGREEMENTS WERE SIGNED AND NOW THEY'VE COME DUE.

SO I, IT'S, YOU KNOW, THIS ISN'T AN, AN INDEPENDENT ISSUE.

UM, OTHER PEOPLE ARE FACING THIS TOO, BUT IT'S MAKING SURE THAT THE LAND USE IS ACCOUNTED FOR CORRECTLY AND, AND THAT, UM, YOU KNOW, DEVELOPMENT MEETS NEEDS.

SO, UM, THAT'S ALL MY QUESTIONS.

I HAVE QUESTION.

SO THESE, THESE PROPERTIES ARE NOT IN THE CITY LIMITS CURRENTLY.

THEY'RE IN ETJ, IT'S CORRECT.

SO WHAT GOVERNS WHAT CAN BE BUILT ON THEIR PROPERTY? IS IT COUNTY REGULATIONS OR IS IT CITY BEING IN THE ETJ? WHAT, WHAT GOVERNS WHAT CAN BE BUILT IT? SO IT'S GENERALLY IN TERMS OF LAWS, IT WOULD BE THE COUNTY REGULATIONS.

THE CITY DOES HAVE SOME REGULATIONS THAT EXTEND OVER INTO THE ETHA, BUT GENERALLY IN TERMS OF WHAT YOU CAN BUILD, THE LAWS THAT GOVERN THAT, ARE THE, THE COUNTIES AND BEING COUNTIES, THEY DON'T HAVE THAT MANY LAWS, DO THEY? THEY DON'T HAVE AS MANY AS THE CITY.

NO, I THINK THAT'S A FAIR STATEMENT.

SO I I, I GUESS THEY DON'T HAVE ZONING CONTROL.

I GUESS WHAT I'M GETTING AT IS IF THESE PROPERTIES ARE NOT ZONED APPROPRIATELY AND, AND THEN ANNEXED INTO THE CITY, IT'S BASICALLY A FREE FOR ALL OUT THERE.

SOMEBODY CAN COME IN AND BUILD WHATEVER THEY WANT.

I WOULDN'T GO THAT FAR.

IF COUNCIL CHOOSES NOT TO ANNEX THESE PROPERTIES AND LET THE AGREEMENT MM-HMM.

LAPSE BY THE TIMEFRAME AT THE END OF THE YEAR, WHICH REQUIRED TO COMPLETE THAT ANNEXATION, UM, THEN THERE WOULD BE NO ZONING CONTROL OF THOSE PROPERTIES THAT WOULD RESTRICT THE USE AT ALL.

WELL, THAT'S BASICALLY WHAT WE'RE TRYING TO DO.

WE'RE TRYING TO PROVIDE SOME SORT OF PLANNING AND ORDER AND TO WHAT'S GONNA HAPPEN IN THE FUTURE.

IT'S INEVITABLE.

AND, AND YOU LOOK AT THE DEVELOPMENT ON THE SOUTHERN SECTOR OF SHIRTS, MOST ALL THAT LAND WAS FARMLAND AT ONE TIME, BUT SOMEBODY SOLD IT AND NOW IT'S NOT FARMLAND.

SO I OWN SOME FARMLAND AND IT'S ACTIVELY FORMED, AND I APPRECIATE WHERE EVERYBODY IS, BUT YOU KNOW, YOU CAN'T CONTROL WHAT YOUR NEIGHBOR'S GONNA DO AND YOUR NEIGHBOR'S GONNA DO WHAT THEY'RE GONNA DO WITH THEIR PROPERTY.

AND SO WE'RE JUST TRYING TO PROVIDE A LITTLE BIT OF PLANNING AND FUTURE DEVELOPMENT BECAUSE IT'S COMING WHETHER WE LIKE IT OR NOT.

UM, YEAH, I THINK MAYBE IF, IF I MADE A SORT OF ADD ON THAT, YOU KNOW, IT, IT, IT'S PLANNING FOR OUR COMMUNITY'S FUTURE.

AND AGAIN, YOU'VE HEARD GENERALLY, I THINK EVERYBODY GET UP AND TALK ABOUT NOT WANTING DEVELOPMENT TO CHANGE THEIR WAY OF LIFE.

UM, AND, AND YOU KNOW, WITHOUT ZONING YOU DON'T HAVE THAT RESTRICTION.

THE OTHER THING THAT PEOPLE CERTAINLY TALK ABOUT IS THEY WANT CERTAIN LEVELS OF INFRASTRUCTURE, RIGHT? AND, AND AS WE'VE TALKED TO YOU ABOUT THE IMPACT ON THE CITY'S INFRASTRUCTURE, AND I'D SAY BE THAT POLICE OR FIRE OR EMS OR WATER OR SEWER ROADS IS NOT JUST IMPACTED BY THE FOLKS IN THE CITY OF SHIRTS.

RIGHT? SO AGAIN, AND I CAN APPRECIATE THE IRONY OF THIS, ANYBODY HERE WHO DRIVES ON FM 1518, RIGHT? THAT'S NOT IN THE CITY LIMITS, THEY WILL BENEFIT FROM THAT ROAD BEING IMPROVED FOR WHICH THE PROPERTY OWNERS' INSUREDS ARE PAYING A SUBSTANTIALLY MORE AMOUNT OF MONEY IN TERMS OF THE COMMITMENT THAT WAS MADE TO HELP GET THAT PROJECT FUNDED, I THINK AN ORDER MAGNITUDE, 12 AND A HALF TO $15 MILLION.

WE TALKED ABOUT FIRE STATION THREE, WE'VE TALKED ABOUT THE ONE COMPANY, WELL, CITY OF SHORTZ IS STARTED THE PROCESS OF BUILDING FIRE STATION FOUR.

AND SO AS WE GET ANOTHER FIRE STATION TO DEAL WITH THOSE CALLS, IT FREES UP, FREES UP FIRE STATION THREE,

[04:15:01]

UH, BUT, BUT THAT NEW FIRE STATION IS PAID FOR BY THE PROPERTY OWNERS IN SHIRTS.

THE INVESTMENT THE CITY IS MAKING IN TERMS OF SEWER INFRASTRUCTURE AND THE AGREEMENTS WE'VE MADE WITH OTHER SEWER PROVIDERS THAT FOLKS BENEFIT FROM, ARE PAID FOR BY THE RESIDENTS OF THE, THE CITY OF SHIRTS.

AND SO, AGAIN, THE, THE LAST THING I'LL SIMPLY SAY IS YOU HEARD A NUMBER OF FOLKS GET UP AND SAY, IF YOU WANT TO BUILD HOUSES HERE, TO MY KNOWLEDGE, THE CITY OF SHIRTZ HAS NEVER BUILT A SINGLE HOUSE ANYWHERE.

WE DON'T BUILD HOUSES, WE DON'T ACQUIRE LAND TO BUILD HOUSES.

PRIVATE PROPERTY OWNERS CHOOSE TO SELL FOR THEIR PROPERTY TO BE DEVELOPED AND DEVELOP THEIR PROPERTY, AND THEN THE CITY HAS TO RESPOND AND DEAL WITH THAT.

SO, AND THEN THE OTHER, THE OTHER THING IS A REQUIREMENT TO SIT UP HERE IS TO BE A PROPERTY OWNER IN THE CITY OF SHIRTS.

AND WE ALL ARE PROPERTY OWNERS IN THE CITY OF SHIRTS.

I I THINK YOU HAVE TO JUST BE A RESIDENT.

I DON'T THINK YOU HAVE TO.

WE CHANGED IT.

IT USED TO, I THINK WE AMENDED IT WITH THE LAST, IT USED TO BE A PROPERTY OWNER IT USED TO BE.

SO ANYBODY CAN COME IN.

JESUS.

ANYBODY WHO LIVES IN SHIRTS CAN SIT ON THE PLANET.

IT'S JUST LIKE RUNNING FOR CITY COUNCIL.

YOU DON'T HAVE TO OWN PROPERTY.

DON'T OWN PROPERTY TO DO THAT.

YOU CAN BE A RENTER.

IT IT USED TO BE THAT WAY FOR, FOR US MORE RECENTLY THAN THAT.

FOR US IT USED TO BE THAT WAY.

BUT ANYWAY.

ALRIGHT THEN NEVERMIND.

AND, AND, AND BEFORE WE, IF I PUT ON MY, MY PREDICTION HAT AND WE, WE GO AD ON ALL THIS, ARE ALL THESE PROPERTIES, FIVE ACRES AT LEAST, AND THE ONE WE JUST DID, ARE THEY ALL FIVE ACRES AT LEAST? 'CAUSE THEY CAN'T BE AD IF THEY'RE NOT FIVE ACRES.

SO, SO, SO AGAIN, THEY CAN BE AD THE LOT SIZE IS NON-CONFORMING AND SO THAT'S NOT AN ISSUE BECAUSE IT'S, IT'S A LOT SIZE ISSUE.

SO IT DOESN'T AFFECT NECESSARILY THE USE, IT AFFECTS THE LOT SIZE.

SO IT'S A DIFFERENT IMPACT THAN SOME OF THE OTHER FACTORS.

BUT AGAIN, I BELIEVE THAT THE, THE, WE'RE STILL RECOMMENDING THAT, UM, THE, THE PLZC 2 0 4 2 0 0 9 2 IDENTIFICATION NUMBER 3 3 9 3 5 9 BE EXCLUDED AND BRING THAT BACK NEXT TIME.

AND OF THE IMPRESSION THEY DON'T WANT TO BE AD D PATRICK, YOU NEED EVERYTHING.

NO, DANIELLE.

SO, UM, OKAY.

UH, SO ONCE AGAIN THIS, UH, THIS IS A RECOMMENDATION, UH, TO CITY COUNCIL.

UM, THAT IF THEY WERE TO ANNEX THESE PROPERTIES, WE WOULD RECOMMEND A PARTICULAR, UH, ZONING OR MIX OF ZONING.

UM, WE CAN RECOMMEND APPROVAL OF WHAT UH, STAFF IS PROPOSING.

WE CAN RECOMMEND DENYING WHAT STAFF IS, UM, UM, PROPOSING OR AS WE DID IN THE PREVIOUS, UM, ITEM, WE CAN RECOMMEND AN ALTERNATIVE TO CITY COUNCIL.

SO I RECOMMEND AD ARE THEY WRONG? I SHOULDN'T DO THIS.

OH YEAH.

SO, YEAH, I WAS GOING TO SAY, IF I WAS GONNA ASK IF ANYONE WOULD LIKE TO MAKE A MOTION, UH, I MAKE A MOTION THAT WE RECOMMEND AD.

AND IF I MAY FOR CLARIFICATION, ARE YOU ALSO RECOMMENDING WE EXCLUDE THE PROPERTY WITH THE EXCLUSION? OKAY.

AND THAT THE BASIS FOR THAT RECOMMENDATION IS THE SAME THAT WAS PRESENTED ON THE LAST ITEM.

WHAT THE BASIS FOR THAT MOTION, THE REASON TO GO AD IS THE SAME THAT WAS STATED THE LAST ITEM.

OH.

UH, DUE TO THE SAME REASONS AS THE PRIOR.

ALRIGHT, SO I HAVE A MOTION TO RECOMMEND, UH, ALL OF THE PROPERTIES EXCEPT 3 3 9 3 5 9.

UH, BE ZONED AD DO I HAVE A SECOND? I SECOND.

WHERE DID THAT COME FROM? ALL RIGHT, COMMISSIONER WALLACE.

ALL RIGHT, I HAVE A MOTION AND A SECOND.

ANY OTHER DISCUSSION? NOT PLEASE RECORD YOUR VOTES.

AND SIX IS THE RIGHT NUMBER NOW.

I HAVE FIVE A'S ONE OPPOSED? UH, I VOTED, UH, AGAINST IT BECAUSE I THINK IT SHOULD BE PRE IF YOU NEED A REASON.

SO I HAVE, SO I HAVE SIX VOTES.

CAN YOU PUBLISH THAT PLEASE?

[04:20:05]

ITEM FIVE D-P-L-Z-C 20 24 0 0 3.

SO ONCE AGAIN, THAT'S ONLY A RECOMMENDATION.

UH, THIS ITEM WILL BE ON THE CITY COUNCIL AGENDA, I THINK, WHAT THEIR JUNE 4TH? YEAH.

AND SO ONCE AGAIN, YOU'LL HAVE A, YOU'LL HAVE A, YOU'LL HAVE AN OPPORTUNITY TO TALK TO THE REAL DECISION MAKERS AT THAT MEETING.

ALRIGHT, SO, UH, LET'S SEE.

MOVING ON.

HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST OR REZONE APPROXIMATELY 1.4 ACRES OF LAND FROM OFFICE PROFESSIONAL OP TO NEIGHBORHOOD SERVICES DISTRICT NS GENERALLY LOCATED 250 FEET SOUTH OF THE INTERSECTION OF ANTLER DRIVE AND FM 3 0 0 9, MORE SPECIFICALLY KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 2 0 4 1 2.

CITY OF SHEZ, GUADALUPE COUNTY, TEXAS, PLZC 20 24 0 0 3.

ZONE CHANGE FROM OFFICE PROFESSIONAL DISTRICT OP TO NEIGHBORHOOD SERVICES DISTRICT NS AND APPROXIMATELY 1.4 ACRES.

DAISY MARQUEZ PLANNER.

AND AS PER MR. JAMES, I'M GOING TO FLIP THROUGH THE PRESENTATION.

PRESENTATION SLIDES.

SO IT IS ON RECORD, BUT I'M NOT GOING TO BE READING THEM ONE BY ONE.

HERE'S THE SUBJECT PROPERTY.

JUST SO YOU KNOW, IT'S ON FM 3 0 9 GUADALUPE PARCEL ID 2 0 4 12.

AGAIN, THE EXISTING ZONING, IT'S SURROUNDED BY SINGLE FAMILY.

IT'S IN THIS ENC ENCLAVE OF SINGLE FAMILY PUBLIC HEARING NOTICES, PROPOSED ZONE CHANGE, UDC SECTION 21 5 4 D CRITERIA FOR APPROVAL.

SO STAFF RECOMMENDS THAT DUE TO THE INCOMPATIBILITY WITH THE PROPOSED NEIGHBORHOOD SERVICES DISTRICT, NS WITHIN AN ENCLAVE OF SINGLE FAMILY RESIDENTIAL R ONE PROPERTY STAFF RECOMMENDS DENIAL OF PLZC 20 24 0 0 3.

ALRIGHT, THANK YOU DAISY.

OKAY, IT IS, UH, 10:32 PM AND I WILL OPEN THE FLOOR FOR A PUBLIC COMMENT.

ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS TOPIC? PLEASE STEP FORWARD, GIVE YOUR NAME AND ADDRESS FOR THE RECORD.

MY NAME IS DENNIS KAKA.

I LIVE FIVE MILES SOUTH OF SGU ON 1 57.

ALSO LANE.

UH, I'M ALSO THE OWNER OF THIS 1.4 ACRES.

UH, I DON'T KNOW IF ANY OF Y'ALL KNEW MY DAD, CHARLIE KAKA, BUT HE WAS INSTRUMENTAL IN PUTTING SAVANNAH SQUARE TOGETHER.

AND, UH, THAT LAND WAS PART OF THAT.

AND IN 80, EARLY EIGHTIES WAS THE FIRST TIME I'VE BEEN TO CITY COUNCIL MEETING.

AND MY DAD ZONED THAT PROFESSIONAL OFFICE AND, AND, AND PROFESSIONAL 'CAUSE I WAS GONNA BUILD HIM A REAL ESTATE OFFICE THERE.

INCIDENTALLY, I'M SECOND GRADUATING CLASS OF SAMUEL CLEMONS.

AND, UH, I GUESS IT WAS 83.

HE PUT THE BRAKES ON IT AND HE SAYS, I JUST DON'T FEEL RIGHT ABOUT IT.

AND 84 IS WHEN THE BANKS AND SAVINGS AND LOANS, UH, IT WENT DEFUNCT.

THE STOCK MARKET DROPPED RESOLUTION, TRUST CORPORATION WAS FORMED TO LIQUIDATE THE ASSETS OF BANKS.

AND JUST, WELL Y'ALL PROBABLY KNOW THAT.

UH, SO WE DIDN'T BUILD AN OFFICE THERE.

AND HERE I AM 25 YEARS LATER AND, UH, LOOKING AT 3 0 0 9, THAT HAS CHANGED TREMENDOUSLY.

AND, UH, WHAT WAS NEEDED THEN IS NOT NEEDED.

NOW THAT I CAN SEE YOU, BLANK 3 0 0 9 HAS ANOTHER NEIGHBORHOOD BLANK AGAIN, ANOTHER NEIGHBORHOOD BLANK AGAIN, ANOTHER NEIGHBORHOOD.

SO NOW TO CHANGE THIS TO NEIGHBORHOOD SERVICES, I THINK WOULD BE MORE ADEQUATE, MORE APPROPRIATE.

AND THAT'S WHY I'M ASKING FOR THE CHANGE.

CITY COUNCIL I THINK IS AN HONOR AND YOU'RE DOING A GREAT JOB.

AND I CAN REMEMBER GOING IN A BUS, THIS IS A LONG TIME, THIS EARLY SIXTIES WHERE THREE DOUBLE NINE WAS NOT THERE.

IT WAS A TURN ROW.

AND I DON'T KNOW IF IT WAS MR. BECKER WHO WAS FARMING IT AT THE TIME.

IT WAS JUST A PLOWED FIELD.

AND THEN I REMEMBER EQUIPMENT OUT THERE STARTED TAKING DOWN TREES AND SAW MORE AND MORE OF THE LAND AND THEN CRUSHED LIMESTONE.

AND LOOK AT WHAT OUR FOREFATHERS CREATED.

UH, UH, TO BE A, UH, UH, ON THE

[04:25:01]

THAT'S ALL I GOT TO SAY.

I'M PROBABLY SHORTEST SPEAKER HERE, SO I HAVE NO BACKUP HERE.

SO , THANK, THANK YOU FOR YOUR COMMENTS.

APPRECIATE IT.

ANYBODY ELSE? HOW YOU DOING? UH, VINCE PELLA, WE REPRESENT, UH, THE BUYER FOR THAT PIECE OF LAND.

WE ARE WITH WATERSHED CAR WASH AND THAT IS THE BUSINESS THAT WE'RE TRYING TO, UH, PUT ON THAT PIECE OF LAND THERE.

SO WE JUST WANT, UM, TO BE RECONSIDERED FOR NEIGHBORHOOD SERVICES CHANGE FROM OFFICE.

AND PER, UM, FROM THE, UH, THE OFFICE CLASSIFICATION, UH, WE FEEL THAT THE 3 0 0 9 IS LITTERED WITH NEIGHBORHOOD SERVICES.

YOU GOT A COFFEE HOUSE ACROSS THE STREET, YOU HAVE THE TAKE FIVE, UM, RIGHT NEXT DOOR.

AND WE JUST FEEL THAT THE CAR WASH WOULD BE A BENEFIT TO THE AREA.

UH, THE CAR WASH BRINGS, UM, ENERGY TO THE AREA.

UH, WE'RE A FAMILY OWNED BUSINESS.

WE STARTED BACK IN 2009 AND WE'VE, UH, GROWN THE BUSINESS SINCE 2018 HERE IN TEXAS TO, UH, 35 LOCATIONS BETWEEN TEXAS AND OKLAHOMA CITY.

UM, THIS IS WILLIE WILD.

HE IS OUR DISTRICT MANAGER FOR ALL OF SAN ANTONIO IN THE OUTLYING AREAS HE OVERSEES.

UM, HE OVERSEES ALL THOSE AREAS.

AND I'M A, I'M A DIRECTOR FOR THE COMPANY.

I'VE BEEN WITH THE COMPANY 20 YEARS.

UM, AND JUST TALKING TO PEOPLE THAT LIVE IN SHIRTS, UH, PEOPLE THAT TRAVEL UP AND DOWN THE 3 0 0 9, UH, THEY WERE EXCITED WHEN WE SAID THEY WERE TRYING TO, TRYING TO ACQUIRE PROPERTY, UM, OVER THERE.

AND AS FAR AS THE NEIGHBORHOOD BEHIND US, WE'RE GONNA CUT THAT.

THE PLAN IS TO CUT THAT PROPERTY DOWN FIVE TO SIX FEET AND THEN BUILD A EIGHT FOOT BLOCK, UM, RETAINING WALL AROUND THE THREE SIDES OTHER THAN THE THREE DOUBLE THE NINE SIDE OF THE COURSE.

UM, AND WHAT THAT KIND OF CREATES A BUFFER.

AND THEN WE DON'T EVEN BELIEVE THAT THE NEIGHBORHOOD WOULD BE ABLE TO SEE, BASICALLY BE ABLE TO SEE THE CAR WASH.

ANYBODY ELSE? ? YES, AND I APOLOGIZE.

I SHOULD HAVE 'CAUSE 'CAUSE NORMALLY WE GIVE THE APPLICANT TIME TO SPEAK AND I DIDN'T EVEN THINK TO ASK, SO I APOLOGIZE FOR THAT.

UM, ANYBODY ELSE? NO.

GONNA MAKE THIS AN EASY ONE, HUH? AT LEAST THIS.

ALRIGHT, SO 10 38 AND PUBLIC INPUT IS CLOSED.

UM, A COUPLE OF GENERAL COMMENTS.

UH, WOW.

THE FOLKS THAT HAVE LIVED HERE FOR A LONG TIME KNOW A LOT OF CHANGE.

I MOVED INTO SAVANNAH SQUARE, IT WAS A, UM, THREE DOUBLE NINE WAS STILL TWO LANES WITH A FOUR-WAY STOP SIGN AT THE INTERSTATE.

AND UH, SO I THOUGHT I'D SEEN A LOT OF CHANGE.

UM, AND THEN I SPENT A LOT OF TIME REMINDING THE COMMISSION THAT THE ISSUE IS THE ZONING, NOT THE PROJECT.

AND WE WERE DOING REAL WELL TILL YOU FOLKS GOT UP AND TOLD US WHAT YOU WANTED 'EM TO BUILD.

YOU DO REALIZE THAT THAT TWO BAY ADDITION TO TAKE FIVE WAS A CAR WASH.

THEY JUST WENT OUT.

THEY, THEY'VE JUST CLOSED A YEAR OR TWO AGO.

YOU GUYS KNOW THAT, RIGHT? OKAY.

I KNOW THERE'S A NUMBER OF KIND OF LARGER OAKS ON THE LOT.

COMMISSIONERS, WHO'S GOT SOMETHING TO TALK ABOUT HERE BESIDES ME? OKAY.

ERS ANYTHING A QUESTION FOR STAFF.

UM, SO DOES SHIRTS HAVE A, LIKE A TREE ORDINANCE, UM, THAT COULD IMPACT,

[04:30:01]

YEAH, SO WE HAVE OUR TREE MITIGATION AND PRESERVATION ORDINANCE, BUT IT'S CAPPED AT A HUNDRED INCHES PER ACRE.

AND DEPENDING ON IF IT'S A PROTECTED OR HERITAGE TREE, IT'S EITHER A HUNDRED DOLLARS PER INCH OR $300 PER INCH.

BUT AGAIN, THAT'S CAPPED AT A HUNDRED INCHES PER ACRE.

SO WE WOULD STILL LOSE A SIGNIFICANT AMOUNT OF TREES.

UM, OKAY.

I'LL HAVE, WOULD IT BE, UH, COULD YOU BRING UP, WOULD IT, WOULD IT BE DIFFICULT TO GET TO THE CURRENT, TO THE CURRENT ZONING MAP? ALRIGHT, THAT'S, YEAH, THAT'LL WORK RIGHT THERE.

I KNOW WE HAD, I'M NOT MISTAKEN, WE HAD, WE HAD REVIEWED THIS PIECE OF PROPERTY BEFORE.

SO AGAIN, I REMEMBER SAVANNAH SQUARE, UM, AS, AS A PLAN AS A PDD.

UM, SO APPARENTLY THIS PARCEL WAS NOT PART OF THAT ORIGINAL, I DON'T KNOW.

ANYWAY, UM, SO, SO MY QUESTION IS, UM, YOU KNOW, STAFF IS RECOMMENDING DENIAL BECAUSE OF INCOMPATIBILITY.

UM, I MEAN WE HAVE, I MEAN, YOU LOOK, YOU LOOK WHAT WE'VE GOT, UH, YOU CAN'T QUITE SEE IT, BUT DOWN HERE IN THE RIGHT HAND CORNER NOW THAT NEIGHBORHOOD SERVICES, UM, THAT, UM, I MEAN THERE'S A DENTAL OFFICE AND A, AND A DAYCARE AND IT BUTTS RIGHT UP TO THE, UH, TO WILLIAM SCARBOROUGH, THE HOMES THERE, THE BACK FENCES.

YOU GO ACROSS THE STREET AS NEIGHBORHOOD SERVICES AND YOU'VE GOT, UH, WALGREENS PHARMACY ALONG WITH, UM, THE RETAIL CENTER THAT, THAT HAS, UM, UH, PIZZA.

PIZZA AND UM, A DRY CLEANERS.

IN OTHER WORDS, THERE'S RIGHT THERE WE'VE GOT, AND THAT BACKS UP TO THE HOMES ON WILLIAM SCARBOROUGH.

SO, UM, I'M NOT SURE WHY YOUR REASONING, WHY YOU THINK IT'S, UH, NEIGHBORHOOD SERVICES THERE WOULD BE INCOMPATIBLE.

SO WHEN WE GO THROUGH UDC SECTION, UM, 2154 D, THE CRITERIA FOR APPROVAL, WE ALSO LOOK AT THE SURROUNDING PROPERTIES AND WHEN STAFF WAS EVALUATING THE R ONE AND THAT ALL OF THE PROPERTIES ARE STILL USED AS SINGLE FAMILY RESIDENTIAL PROPERTIES.

UM, AND I JUST WANNA POINT OUT THAT THIS IS AN EXISTING DEER HAVEN NEIGHBORHOOD AND THIS IS ANTLER DRIVE.

AND AS YOU KNOW, THEY'RE VERY ACTIVE NEIGHBORHOOD AS WELL AND IT'S STILL BEING USED AS SINGLE FAMILY.

AND WE JUST BELIEVE THAT BECAUSE IT IS STUCK IN THIS ENCLAVE OF PEOPLE THAT ARE STILL USING THE HOMES FOR SINGLE FAMILY AND IT'S ZONED R ONE, THEN IT WOULD BE INAPPROPRIATE TO ESSENTIALLY ASK FOR NS, WHICH IS A MORE INTENSE USE THAT ALLOWS MORE, MORE INTENSE USES THAN WOULD BE ALLOWED IN OFFICE PROFESSIONAL DISTRICT.

WHEREAS OFFICE PROFESSIONAL DISTRICT IS OUR LEAST INTENSE COMMERCIAL USE AND ONLY ALLOWS THINGS LIKE SMALL OFFICES.

UM, BUT I ALSO WANNA POINT OUT THAT BECAUSE THIS IS A COMMERCIAL PROPERTY ADJACENT TO RESIDENTIAL, UM, IF IT IS DEVELOPED AS SOME SORT OF COMMERCIAL, THEY WOULD HAVE TO BUILD AN EIGHT FOOT MASONRY WALL ALL ALONG THE THREE EDGES OF THE PROPERTY LINE.

AND THEY WOULD STILL HAVE TO DO A 20 FOOT LANDSCAPE BUFFER WITH I BELIEVE ONE TREE EVERY 20 LINEAR FEET.

BUT DON'T, DON'T TAKE ME ON THAT FOR SURE.

IT'S EITHER ONE 20 OR ONE 30.

UM, BUT THERE ARE STILL SIGNIFICANT SCREENING THAT WOULD HAVE TO BE DONE AT SITE PLAN DEVELOPMENT, BUT THEY WOULD HAVE TO DO THAT EVEN IF IT STAYED OFFICE PROFESSIONAL, RIGHT? CORRECT.

AND I WOULD JUST SORT OF ADD ON TO DAISY.

SO THE, THE COUPLE OF, UM, EXAMPLES YOU PROVIDED, EVEN THE ONE THAT YOU CAN SEE ON THE MAP HERE, IS THAT AN INTERSECTION? SO I THINK THAT PLAYS A BIG DIFFERENCE IS, YOU KNOW, YOU THINK THE WALGREENS, IT'S AT AN INTERSECTION.

THE CVS IS AT AN INTERSECTION OF TWO ROADWAYS WHERE THIS WOULD LITERALLY BE IN THE MIDDLE OF A RESIDENTIAL AREA.

IT'S NOT, IT DOESN'T HAVE TWO ROAD FRONTAGES.

IT'S NOT AT, YOU KNOW, AN TYPICAL INTERSECTION WHERE NEIGHBORHOOD SERVICES WOULD BE MORE APPROPRIATE.

WOULD IT, UH, WOULD IT BE AN ISSUE IF THAT, IF THAT WASN'T A FLAG LOT RIGHT THERE, IF THAT R ONE WASN'T BETWEEN THAT LOT AND THE PDD WOULD IT WOULD, WOULD YOU STILL FEEL THE SAME WAY? I DON'T KNOW.

WE'D HAVE TO EVALUATE IT, BUT AT THIS POINT, RIGHT, IT IT IS, IT'S, IT'S R ONE COMPLETELY SURROUNDING THE PROPERTY.

WHAT IS A, A TOUGH SALE? UH,

[04:35:01]

UH, NO, IT WAS ONE MORE NORTH YEAH.

THE, THE ONE BEFORE, BUT IN, UH, BUT IN THE DEER HAVEN SUBDIVISION TO THE, TO THE AERIAL MAYBE? YEAH.

SO THE, THE POINT IS THAT, YOU KNOW, IT WOULD DRIVE A LOT OF TRAFFIC TO THAT RESIDENTIAL AREA.

I DON'T, UH, I MEAN TO THE NORTH OF THAT FLOOD THERE.

IT, YOU KNOW WHAT THE TRAFFIC PATTERN WOULD BE FOR NEIGHBORHOOD SERVICES TO THAT AREA.

SO WHERE'S THE LIGHT AT? AT SAVANNAH AND FM 3 0 0 9.

AND THEN AS YOU GO UP 3 0 0 9, WHERE'S THE NEXT LIGHT ACROSS FROM THE COFFEE SHOP AT THAT, UH, AT THAT NEXT INTERSECTION? WHAT IS THAT? ANTLER? YEAH, ANTLER.

ANTLER AND UH, CIRCLE, CIRCLE OAK, THERE'S A TRAFFIC LIGHT THERE.

AND THEN THE PROPERTY IS BEYOND THAT 'CAUSE THAT YOU, YOU MAKE THAT LEFT TO GO UP ANTLER INTO THE NEIGHBORHOOD, RIGHT? YEAH, THE ONLY ACCESS FOR THIS WOULD BE OFF OF 3 0 0 9.

THE, THE DIFFERENCE, WHEN WE LOOKED AT THAT OTHER LOT, UM, TDOT WAS DENYING ACCESS, SO THEY WOULD HAVE TO COME IN OFF OF, UM, DEER HAVEN OR WHATEVER THAT STREET IS THERE.

THAT, THAT WAS ONE OF THE REASONS WE DIDN'T, UM, DURING THE PLATING PROCESS, DURING THE SITE PLAN PROCESS, IF THE ZONING, YOU KNOW, WAS APPROVED OR IF SOMEONE WANTED TO DEVELOP THIS AS OP TEXTILE WOULD REVIEW THOSE DRIVEWAY ACCESS LOCATIONS.

RICHARD, WHAT'S DIRECTLY BEHIND THIS PROPERTY? THE HOUSE, UH, WHERE, RIGHT UP HERE.

AND IT IS STILL BEING OCCUPIED, RIGHT? RIGHT THERE.

I DON'T KNOW WHO LIVES THERE NOW.

USED TO BE, UH, SIR, THE, THE PUBLIC HEARING'S CLOSED.

IF, IF HE'S GONNA KEEP YOU, YOU NEED TO SIT DOWN OR IF YOU'RE GONNA KEEP TALKING, YOU'RE GONNA HAVE TO, HE'S GONNA HAVE TO ASK YOU TO COME BACK TO THE MIC.

YOU, YES.

YEAH, PLEASE.

UH, USED TO BE NAMED, THEIR LAST NAME WAS HAYES.

UH, I DON'T KNOW IF THEY'RE STILL THERE OR NOT, BUT, UH, BACK WHEN, UM, BEFORE IT WAS ROY RICHARD, IT WAS, UM, NAMED AFTER THE, UM, TEXAS RANGER HAYES.

SO ON, ON THIS LITTLE FLAG STEM HERE, THAT DRIVEWAY GOES FROM 3 0 0 9 AND IT WINDS BACK TO THAT HOUSE YOU JUST POINTED OUT.

THANK YOU DAN.

ANYBODY ELSE? RICHARD'S THINKING WE'LL GIVE HIM A COUPLE OF MINUTES HERE.

WE DON'T GET PAPERS ANYMORE, SO I HAVE TO LOOK ON THIS 12-YEAR-OLD IPAD AND SORRY IF IT TAKES TOO LONG, BUT, OH NO, THAT'S, THAT'S THE WAY IT'S, WE WE HAVEN'T HIT THE RECORD YET.

REAL QUICK.

UM, THERE WAS OPPOSITION TO THIS.

AND THAT WAS FROM, I'M, I'M SORRY, I DON'T HAVE THE BACK.

THAT WAS FROM ONE OF THE PROPERTIES.

UM, HERE, DIRECTLY ADJACENT TO THE PROPERTY.

OKAY, THANK YOU.

YOU KNOW, UM, MAYBE DEER HAVEN WOULDN'T HAVE GONE ALL THE WAY TO 3 0 9.

YOU KNOW, UM, 2020 HINDSIGHT, IF WE COULD, IF WE'D BEEN DOING THIS 40, 45 YEARS AGO, WE,

[04:40:01]

WE'D HAVE ZONED SOME OF THAT FRONTAGES NEIGHBORHOOD SERVICES OR SOMETHING.

BUT, UM, YOU KNOW, UNLESS THOSE FOLKS WANNA MOVE ON, WE'RE KIND OF STUCK WITH WHAT WE'VE GOT.

DID YOU FIND WHAT YOU WERE LOOKING FOR, RICHARD? UM, ONE.

BUT THE SURROUNDING PROPERTY OWNERS STILL HAVE UNTIL THE FRIDAY BY NOON BEFORE THE FIRST CITY COUNCIL HEARING TO TURN IN THEIR RESPONSES.

YEAH, THAT'S, THAT'S WHAT SURPRISED ME WHEN THEY WERE, WHEN THEY WERE EARLIER, THE, SOME OF THE PEOPLE WERE TALKING ABOUT THEY DIDN'T HAVE TO MEET THE DEADLINE.

I THOUGHT THE THE ONLY REAL DEADLINE WAS TO CITY COUNCIL, NOT TO US.

SO THAT'S CORRECT.

BUT THEY WANTED TO TURN IT IN BEFORE THE P AND Z AGENDA GOT POSTED, SO IT'D BE INCLUDED IN THE PACKET.

BUT YOU, YOU FOLKS NORMALLY GIVE US THE LAST MINUTE ONES ANYWAY.

SO YOU GOOD? YOU GUYS? ALRIGHT.

SO ONCE AGAIN, RECOMMENDATION TO CITY COUNCIL ON PLZC 20 24 0 0 3, UH, TO, UH, REZONE THIS PIECE OF PROPERTY FROM OFFICE PROFESSIONAL TO NEIGHBORHOOD SERVICES CITY STAFF HAS RECOMMENDED DENIAL.

WE CAN RECOMMEND APPROVAL, WE CAN RECOMMEND DENIAL, WE CAN COME UP WITH AN ALTERNATIVE IF WE WANT TO.

SO SOMEONE WOULD LIKE TO MAKE A MOTION FOR ONE OF THOSE.

WE'LL MAKE A MOTION THAT WE RECOMMEND DENIAL.

I SECOND.

ALL RIGHTY.

DENIAL.

AND THAT CAME FROM, UH, MR. MCMASTER AND THE SECOND WAS WALLACE.

ALRIGHT, ANY FURTHER DISCUSSION OR QUESTIONS? NO SIR.

I'M SORRY.

IT'S AS, AS, AS THE ATTORNEY POINTED OUT, IF WE ASK YOU QUESTIONS YOU CAN RESPOND, BUT, ALRIGHT, SO NO, NOBODY HAS ANY MORE.

PLEASE RECORD YOUR VOTES.

FIGURE OUT HOW TO DO THIS.

ALRIGHT, I HAVE, UH, SIX VOTES IF YOU'D PUBLISH THAT, PLEASE.

AND THAT'S FIVE IN FAVOR? ONE OPPOSED? THAT RECOMMENDATION WILL BE FOR DENIAL.

UH, MY VOTE WAS TO, WAS, WAS AGAINST THAT MOTION, SO I, ALL RIGHTY.

SO FIVE ONE AND I'M THE ODD MAN OUT AGAIN.

SO ONCE AGAIN, THIS WILL GO TO CITY COUNCIL.

THEY MAKE THE FINAL DECISION.

SO YOU FOLKS WILL HAVE ANOTHER OPPORTUNITY TO PRESENT YOUR CASE TO CITY COUNCIL.

OKAY? ALRIGHTY.

FIVE ELZC 2 24 0 0 72.

HOLD A PUBLIC HEARING TO MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY 9.4 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT TO MANUFACTURING DISTRICT LIGHT, A PORTION OF KAMAU COUNTY PROPERTY IDENTIFICATION NUMBER 1 1 15 6 6 4 AND A PORTION OF KAMAU COUNTY PROPERTY IDENTIFICATION NUMBER 4 0 2 7 5 8 APPROXIMATELY 1500 FEET EAST FROM THE INTERSECTION OF BERTUS AND IH 35 NORTH ACCESS ROAD.

CITY OF SHERTZ, KAMAU COUNTY, TEXAS.

SO PLZC 20 24 0 7 2.

UM, WAS ACTUALLY WITHDRAWN BY THE APPLICANT TODAY.

UM, AND THEY WERE PROPOSING A ZONE CHANGE FROM GENERAL BUSINESS DISTRICT TO MANUFACTURING , SORRY, I, UM, ON APPROXIMATELY 9.4 ACRES AND HERE IS THE SUBJECT PROPERTY.

UM, JUST SO YOU KNOW, WHAT WAS BEING PROPOSED, WHERE THIS WAS ALONG I 35, UM, IDV WAS HERE TO THE RIGHT, BUT AGAIN, THE APPLICANT WITHDREW THE APPLICATION.

ALRIGHT, THANK YOU.

NOW THAT BEING SAID, THIS WAS POSTED AS A PUBLIC HEARING AND WE ARE REQUIRED TO CONDUCT A PUBLIC HEARING.

SO IT IS 10:54 PM PLEASE WOULD.

NO, I'M HAPPY.

WELL, I DOLLARS, I'LL SAY, LET ME SAY THIS.

I I'D LIKE TO HEAR YOUR COMMENTS BECAUSE, UM, NOW IF, IF THEY WERE TO RESUBMIT IT WOULD BE ANOTHER PUBLIC HEARING, RIGHT?

[04:45:01]

BUT I, I GUESS WOULD Y'ALL HAVE RECOMMENDED APPROVAL OR DENIAL? I GUESS THAT, WELL, WE'RE NOT GONNA DO ANYTHING TONIGHT.

DIDN'T GET THAT 'CAUSE THEY WITHDRAWN IT.

BUT, BUT WE'D APPRECIATE HEARING YOUR COMMENTS.

YOU, YOU SAT HERE ALL THIS TIME.

SURE, SURE.

UM, MY NAME IS MICHELLE BAMMELL.

I'M THE OWNER OF TWO PROPERTIES IN SHIRTS, BUT THE ONE IN QUESTION IS THE ONE ON THE SCREEN.

UM, I AM SO GRATEFUL TO THE CITY OF SHIRTS.

IT HAS BEEN A WONDERFUL WAY TO FEED MY CHILDREN AND I HAVE ENJOYED SERVING THE CITY.

UM, AND ALL OF THEIR, THE COMMUNITY IS A VETERINARIAN FOR THE PET OWNERS HERE.

SO I AM THE LITTLE, UM, NOTCH OUT OF THAT PROPERTY, THE BUILDING THERE ON THE CORNER, WHICH BENEFITED FROM THIS PLANNING AND ZONING COMMITTEE.

I WAS HERE, I DON'T KNOW, FIVE YEARS AGO OR SO.

UM, MY ARGUMENT WAS GONNA BE EVERYTHING ALONG I 35.

THERE IS TYPICALLY GENERAL BUSINESS.

THAT'S IT, SIR.

HE'S, HE'S BEEN REALLY GOOD TONIGHT.

THAT'S IT.

UH, IT'S GENERAL BUSINESS.

THERE IS SOME INDUSTRIAL THERE AND THE IDEA ALONG I 35 IS TO SERVE THE COMMUNITY.

AND EVERYTHING AROUND ME IS SO LOVELY.

THERE'S A SCHOOL AND A CHURCH AND EVEN THE WAREHOUSE IS COMING IN ARE ARE REALLY CLEAN AND I JUST WASN'T IN FAVOR OF HAVING MANUFACTURING RIGHT BEHIND ME.

IT'S VERY VISIBLE FOR MY 35.

I ENVISION PILES OF SUPPLIES AND I DON'T KNOW, I JUST DIDN'T SEEM APPROPRIATE FOR HOW LOVELY THE AREA IS.

THERE ARE OTHER APPROPRIATE AREAS FOR MANUFACTURING SET OFF THE ROAD, OTHER AREAS THAT ARE ALREADY ZONED FOR THAT.

SO I JUST WANTED TO VOICE THAT.

I GET IT, I GET CHANGE, I'VE BENEFITED FROM CHANGE, BUT IT'S SO LOVELY RIGHT THERE AND I JUST HOPED THAT IT WOULD STAY APPROPRIATE FOR THE COMMUNITY AND PEOPLE DRIVING THROUGH SHIRTS SO THAT IT WOULD LOOK SO NICE FROM 35.

THAT WAS ALL.

ALRIGHT, WELL THANK YOU DR. BROWN.

WELL, I'M SORRY I DIDN'T RECOGNIZE YOU.

THAT'S OKAY.

IT'S BEEN A WHILE SINCE WE'VE SEEN YOU.

I KNOW.

IT'S OKAY.

THANK YOU SO MUCH.

UM, ONE, ONE OF MY, ONE OF MY GIRLS WAS JUST UP THERE LAST WEEK.

OH REALLY? AND UH, GREAT, GREAT CARE.

SO SHE'S BEEN BUSY WORKING.

ALRIGHT, THANKS AGAIN.

LIKE FIVE HOURS.

ALRIGHT, SO GET THAT TIME BACK.

SO, UH, I I GUESS THERE'S NO DAN, THERE'S NO NEED FOR DISCUSSION OR YEAH, WE JUST, UH, ALL RIGHTY.

BUT YOU KNOW, THIS WAY IF IT COMES BACK AND YOU DON'T MAKE IT, WE'VE HEARD YOU, SO, OKAY.

, P-L-S-P-U 20 24 0 0 5 8.

SO, UH, NO ACTION TO BE TAKEN THERE.

UH, FIVE F-P-L-S-P-U 20 24 0 0 5 8 HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW MIXED USE SELF STORAGE IN GENERAL BUSINESS DISTRICT ON APPROXIMATELY 2.2 ACRES LOCATED EAST OF THE INTERSECTION OF FM 3 0 0 9 AND FOREST RIDGE, MORE SPECIFICALLY KNOWN AS A PORTION OF GUADALUPE COUNTY PROPERTY ID NUMBER 7 0 5 0 6 CITY OF CHURCH, GUADALUPE COUNTY, TEXAS.

WELL, WE'RE GONNA GET OUTTA HERE EARLY TONIGHT.

A SPECIFIC USE PERMIT TO ALLOW MIXED USE SELF STORAGE IN GENERAL BUSINESS DISTRICT ON APPROXIMATELY 2.2 ACRES.

DAISY MARQUEZ PLANNER, AND I'M GONNA KIND OF FLIP THROUGH THESE QUICKLY JUST SO THEY'RE ON THE RECORD, BUT I JUST WANNA POINT OUT, UM, THE EXISTING PROPERTY, UM, HERE IS THAT GAS STATION ON FM 3 0 0 9.

IT IS CURRENTLY GENERAL BUSINESS DISTRICT.

UM, AND THE APPLICANT IS ASKING FOR A SPECIFIC USE PERMIT TO ALLOW MIXED USE SELF STORAGE WITHIN GENERAL BUSINESS DISTRICT.

AND THEN AGAIN, THIS IS FM 3 0 0 9.

HERE'S THAT FOREST RIDGE COMMERCIAL DEVELOPMENT.

SO, UM, UDC ARTICLE 16 DEFINES MIXED USE SELF STORAGE AS A CLIMATE CONTROLLED BUILDING CONTAINING GROUND FLOOR RETAIL SERVICE OR OFFICE SPACE WITH SEPARATE INDIVIDUAL STORAGE UNITS FOR RENT OR LEASE.

AND THE CON THE CONDUCT OF SALES BUSINESS OR ANY ACTIVITY OTHER THAN THE STORAGE SHALL BE PROHIBITED WITHIN THE INDIVIDUAL STORAGE UNITS AND SUCH BUILDINGS SHALL BE A MINIMUM OF 45 FEET.

AND AS PER UDC SECTION 2158, A SPECIFIC USE PERMIT IS REQUIRED FOR MIXED USE SELF STORAGE IN GENERAL BUSINESS DISTRICT.

AND MORE SPECIFICALLY, THE APPLICANT IS PROPOSING AN A 140, 140,600 SQUARE FOOT MIXED-USE SELF STORAGE BUILDING AT THE REAR OF A LARGER DEVELOPMENT.

THAT INCLUDES A 20,000 SQUARE FOOT COMMERCIAL RETAIL STRIP THAT'S CLOSER TO FM 3 0 9 PER THEIR CONCEPTUAL SITE PLAN.

AND AGAIN, A SPECIFIC USE PERMIT ALLOWS FOR DISCRETIONARY CITY COUNCIL APPROVAL OF USES WITH UNIQUE OR WIDELY VARYING OPERATING CHARACTERISTICS OR UNUSUAL SITE DEVELOPMENT FEATURES SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS UDC.

AND APPROVAL OF A SPECIFIC USE PERMIT ALLOWS THE APPLICANT TO SUBMIT SUBSEQUENT DEVELOPMENT APPLICATIONS CONSISTENT WITH THE APPROVED SPECIFIC USE PERMIT.

SO AGAIN, UDC SECTION 21 5 11 D THE

[04:50:01]

CRITERIA FOR APPROVAL.

AND I'M KIND OF JUST GONNA GO FLIP FLIPPING THROUGH THEM SO THAT THEY'RE ON THE RECORD.

SO WHEN IT COMES TO THE STAFF RECOMMENDATION, STAFF RECOMMENDS APPROVAL OF P-L-S-P-U 20 24 0 0 5 8.

THE SPECIFIC USE PERMIT TO ALLOW MAKES USE SELF STORAGE AT THE SUBJECT PROPERTY CONDITIONED UPON THE FOLLOWING.

A BUILDING PERMIT IS APPROVED WITHIN TWO YEARS OF THE ADOPTION OF THE SEP ORDINANCE IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE ARTICLE FIVE, SECTION 21 5 11 F EXPIRATION OF SPECIFIC USE PERMITS AND TWO 25% OF THE USABLE SQUARE FOOTAGE OF THE, OF THE FIRST FLOOR OF THE PROPOSED MIXED USE SELF STORAGE BUILDING BE FOR OFFICE SERVICE OR RETAIL SPACE, SEPARATE FROM THE INDIVIDUAL SELF STORAGE UNITS FOR RENT OR LEASE.

AND MUST BE ALONG THE SIDE OF THE BUILDING FACING THE FM 3 0 0 9 STREET FRONTAGE.

AND THE APPLICANT IS HERE AND HAS A PRESENTATION.

ALRIGHT, CAN I ASK A QUICK QUESTION FROM STAFF? YOU SAID A MINIMUM OF 45 FEET? NO, NOT, NOT YET.

THANK YOU, DAISY.

HI EVERYONE.

ASHLEY FAIRMONT KILLING GRIFFIN AND FAIRMONT 1 0 1 0 1 REUNION PLACE.

I WILL TRY NOT TO BE TOO LONG ON THIS.

I APPRECIATE YOU ALL STILL BEING HERE.

UH, AND CONSIDERING THIS ITEM, UM, SO I REPRESENT BRUNDAGE MANAGEMENT COMPANY.

UH, THEY ARE A STORAGE COMPANY.

THIS IS WHAT THEY DO.

THIS WOULD BE THEIR 59TH STORAGE UNIT.

I BELIEVE THEY'RE SAN ANTONIO BASED, UH, FAMILY OWNED COMPANY.

UH, SO THEY'RE, THEY'RE QUITE EXPERIENCED IN WHAT THEY DO.

UM, SITE LOCATION.

AND UH, AS DAISY MENTIONED, THE SITE IS ALREADY ZONED GB IT, IT'S SET BACK FROM THE ROAD AND I'LL SHOW YOU WHY IN A SECOND.

UH, IT'S PART OF A, A LARGER PROJECT, ABOUT FOUR AND A HALF ACRES WHERE THE FRONTAGE IS RETAIL AND THEN THE STORAGE UNIT WOULD BE BEHIND.

SO WE ONLY NEED THE, THE SUP ON THE REAR PORTION.

UM, THE, THE MIXED USE SELF STORAGE, I, I GUESS IT WAS A FEW MONTHS AGO, WAS ADOPTED AS A UDC AMENDMENT.

SO WE'LL BE THE, THE FIRST, UH, IF APPROVED AND, UH, THE IDEA BEING TO HAVE SOME OF THOSE UNITS ON THE GROUND LEVEL THAT HAVE RETAIL OFFICE, UH, WITH THE STORAGE COMPONENT AS WELL.

SO I THINK THERE'S A STORAGE UNIT ON 35 THAT HAS THAT AND ONE ON BERTUS, UM, AS WELL.

SO THE IDEA BEING THAT KIND OF ENGAGE THAT LOWER LEVEL.

AND THEN THE, THE CODE REQUIREMENT FOR THIS NEW DISTRICT IS A MINIMUM OF 45 FEET IN HEIGHT.

SO IT'S NOT A MAXIMUM, IT'S A MINIMUM.

UH, SO THE BUILDING WILL BE FOUR STORIES TALL.

UM, THE STAFF CONDITIONS FOR THE SUP WERE THE BUILDING PERMIT WITHIN TWO YEARS, WHICH IS FINE.

AND THEN THE, THAT 25% OF THAT GROUND LEVEL BE THAT RETAIL OFFICE SPACE WITH THE DOORS THAT OPEN TO THE OUTSIDE AND THAT CAN HAVE PUBLIC COMING IN AND OUT.

UH, THIS IS A SITE PLAN FOR THE PROJECT.

SO THE REAR PORTION, THAT'S WHERE THE STORAGE UNIT IS.

AND THEN THE FRONT PIECE IS, IS RETAIL, THE IDEA OF BEING NEIGHBORHOOD TYPE SERVICES.

UM, THAT WOULD FIT IN KIND OF WITH THIS LOCATION OFF OF 3 0 0 9.

THAT GAS STATION IS, IS QUICKTRIP.

SO A LITTLE BIT SOUTH OF THERE, JUST A COLORED RENDERED PLAN.

UH, THIS SHOWS, UM, THERE'S BEEN LANDSCAPE, LANDSCAPE ARCHITECTS INVOLVED.

SO, YOU KNOW, PAYING ATTENTION TO EXISTING TREES, UH, KEEPING THOSE AS AS MANY AS POSSIBLE AND THEN PLANTING SOME NEW TREES AS WELL.

UH, JUST AN IDEA OF THE ELEVATIONS OF THE BUILDING, WHAT IT WOULD LOOK LIKE.

UM, THE, THE STORAGE UNIT WITH THE, THE FRONT JUST A RENDERED.

AND THEN THIS ONE KINDA GIVES YOU A BIT MORE CONTEXT OF THE RETAIL ALONG THE FRONTAGE WITH THE STORAGE UNIT TO THE BACK.

UM, AND JUST KINDA THE OTHER SIDE, THOSE ARE, ARE MADE UP TENANTS, .

SO, UH, YOU KNOW, THERE'S, THERE'S NO TENANTS WHO'VE SIGNED ANY LEASES YET, BUT THAT'S THE IDEA IS JUST TO PROVIDE THAT NEIGHBORHOOD TYPE SERVICES.

UM, WITH THAT I AM VERY HAPPY TO ANSWER QUESTIONS.

AGAIN, THANK YOU ALL FOR STAYING SO LATE, UM, AND HOPE THAT YOU'LL RECOMMEND APPROVAL.

PUBLIC HEARING TIME AGAIN.

IT'S 11:04 PM AND ALL THE CHAIRS ARE EMPTY, BUT I HAVE TO ASK ANYONE PUBLIC COMMENT, LOOK AT THE STAMPEDE, RIGHT? ALRIGHT.

YEAH, I'LL WAIT.

THERE WE GO.

1105, PUBLIC INPUT IS CLOSED.

SO YOU GOT YOUR QUESTION ANSWERED.

SO UNFORTUNATELY MUNI CODE IS NOT ABLE TO KEEP UP WITH ALL OUR NEW ORDINANCE UPDATES.

UM, I'M CONFUSED HERE.

I LOOKED AND LOOKED AND LOOKED AND LOOKED.

DO WE HAVE A UNIFIED DEVELOPMENT CODE DIFFERENT FROM THE ONE THAT'S ONLINE?

[04:55:01]

SO THEY ARE NOT ONLINE JUST YET, BUT THEY ARE STILL AVAILABLE TO THE PUBLIC THROUGH OUR AGENDAS.

SO IT'S NOT OFFICIALLY IN OUR MUNI CODE IMMEDIATELY ACCESSIBLE.

IT STILL NEEDS TO BE UPDATED BY MUNI CODE.

HOW DID WE, HOW MUCH DID WE SPEND ON THAT ? I I CAN BACK UP.

WELL, WE HAVE THE SAME ISSUE, SO, BUT YEAH, AND, AND I UNDERSTAND THAT, UM, MAY MAYBE BECAUSE I LOOKED AND LOOKED AND LOOKED AND LOOKED AND I SAID MAYBE I SHOULD CALL EMILY RATHER THAN AMBUSH OR AT THE MEETING.

YES, WE UNDERSTAND SIR.

THEY'RE STILL DOING UPDATES FROM LIKE 2022.

WELL, MAYBE YOU GUYS COULD HAVE TAKEN THOSE EXCERPTS AND STUCK THEM IN THE AGENDA PACKAGE OR SOMETHING BECAUSE I NEVER COULD FIND, AND I EVEN LOOKED IN CHAPTER 16.

IT IS NOT THERE.

ANYWAY, THAT SQUARES IT.

AND THAT ALSO ALLOWS THEN, BECAUSE ALL I COULD FIND WAS MINI WAREHOUSE AND THAT'S, YOU KNOW, SO BUT NOW THE CURRENT ONES THAT AREN'T PUBLISHED YET IN THERE, DEFINE THAT.

DEFINE THE CELL.

MIXED USE SELF STORAGE.

AND THEY ALLOW THAT NGB WITH A SPECIAL USE PERMIT.

CORRECT, SIR.

NOW MY OTHER QUESTION, UH, AND THESE, THESE ARE KIND OF PROCEDURAL I GUESS BECAUSE WHEN I LOOK AT THE, UH, UH, APPRAISAL DISTRICT MAP, THIS IS ONE HUGE LOT.

SO, SO, UM, I MEAN ALL THE WAY FROM 3 0 9 AND ALL THE WAY BACK, IT'S JUST ONE BIG, IT'S THE RIPS FAMILY PROPERTY, SO YES.

UM, SO IT WILL BE PLATTED.

ENGINEERS ARE ENGAGED.

I, I DON'T THINK A PRELIMINARY PLAT HAS BEEN SUBMITTED YET.

WE NEED TO GET THROUGH THIS PROCESS FIRST, BUT, UH, WE'VE HAD THE PRE-DEVELOPMENT MEETING AND SO IT WILL BE PLATTED SIMILAR TO WHAT QUICK QUICKTRIP DID THEY ALSO PURCHASED FROM THE RIPS FAMILY.

YEAH, IT'S NICE TO SEE THEM, UH, TO SEE SOMETHING FINALLY DEVELOPING ON THAT BIG OLD PIECE PROPERTY.

UM, IS THERE GONNA BE ANY ACCESS FROM UH, BAPTIST HEALTH OR IS IT ALL JUST IN AND OUT FROM 3 0 9? NO, IT'LL BE ALL IN AND OUT FROM 3 0 0 9 BAPTIST HEALTH IS PROPOSED TO RUN TO THE REAR OF THE SITE EVENTUALLY.

I MEAN, NOT LIKE WE DON'T HAVE TRAFFIC OUT THERE ALREADY.

YOU KNOW, SELF SERVICE STORAGE IS ABOUT THE LOWEST TRAFFIC.

WELL, YEAH, EXCEPT THE, THE NICE LITTLE RETAIL PLACE THAT YOU'RE PUTTING IN FRONT OF IT.

SO, WELL, IT'LL, YES, BUT THE IDEA IS TO HOPEFULLY CAPTURE EXISTING TRAFFIC WITH THOSE SERVICES.

SO, AND I ASSUME THOSE ARE DUMPSTERS IN THE BACK OF THE RETAIL.

SEE, THAT'S NICE.

THEY PUT IT ALL RIGHT HERE SO WE CAN SEE IT.

COMMISSIONERS, ANYBODY ELSE HAVE QUESTIONS OR COMMENTS? I, I HAVE ONE QUESTION.

SO YOU, YOU SAID BAPTIST HEALTH RUNS ALONG THE REAR OF THIS, OF THE, LIKE BEHIND THE STORAGE FACILITY? IT WOULD BE BEHIND THIS PLATTED LOT.

AND THEN ULTIMATELY CONNECTING TO THE EXTENSION OF STEIN OLD METER, IT'S RIP CHRYSLER.

DID, UH, DAISY, DID YOU HAVE AN AERIAL VIEW? MAY MAYBE IF YOU BRING THAT BACK UP REAL QUICK FOR US.

THERE YOU GO.

THAT'LL WORK.

THIS IS FURTHER DOWN.

YEAH, THIS IS THE, THE ROAD THEY'RE TALKING ABOUT.

YEAH, I, FOR SOME REASON I PICTURED THIS RIGHT NEXT TO THE QUIKTRIP AND I WAS LIKE, HOW IS THIS THING SO DEEP AND NOT HITTING? OKAY, COOL.

PERFECT.

NO QUESTIONS.

SO EVENTUALLY THEN BAPTIST HEALTH IS MEANT TO EXTEND ALL THE WAY DOWN TO STEIN, CORRECT? THAT'S THE MASTER THOROUGHFARE PLAN, BUT IT'LL RUN BEHIND YOUR PROJECT? YES, YES.

EMAIL STAFF AND WE WILL BE MORE THAN HAPPY TO EMAIL IT TO YOU OR PRINT OUT A PAPER COPY FOR YOU TO HAVE.

SO WHAT'S THE PROPOSAL FOR EXTENDING THAT? IS THAT GONNA BE A CITY RESPONSIBILITY OR SOMEBODY ELSE? ARE WE LOOKING AT A TIMEFRAME? BECAUSE AGAIN, DUE TO STATE LAW CHANGES, WE CAN'T REQUIRE PEOPLE TO DEDICATE RIGHT OF WAY OR BUILD RIGHT OF WAY.

SO IT COMES WITH DEVELOPMENT AND THAT COMES IN DURING THE PLATING PROCESS.

YEAH, I I'M ASSUMING THAT RICHARD AS, AS THEY DEVELOP THIS PROPERTY FURTHER, THEY'LL WANT, THEY'LL WANT TO EXTEND THAT ROAD AT AT LEAST TO SOME OF THEIR PROJECTS.

AND, UM, YEAH, AND DAISY, SINCE YOU MENTIONED IT, I'M GLAD YOU TOLD US THAT MUNI CODE CAN'T KEEP UP BECAUSE IF WE LOOK FOR STUFF AND WE CAN'T FIND IT, NOW WE HAVE TO SEARCH THROUGH ALL THE PAST AGENDA ITEMS TO FIND STUFF THAT IS CURRENT CODE OR

[05:00:01]

YEAH, I, I, I JUST SUGGEST IN THE FUTURE IF THERE'S, IF THERE'S SOMETHING LIKE THAT, THEN JUST PRINT IT OFF AND AS A PDF AND THROW IT IN WITH THE, WITH THE REST OF THE PACKET.

WE WILL MAKE SURE TO DO THAT FOR THE CITY COUNCIL MEMORANDUM.

I DID DO ALREADY DID YOU DID, DID WE SAY THE PLAN IS TO CONNECT RICK LER TO, WELL, THE MAS THE MASTER THOROUGHFARE PLAN, UH, HAS, UM, BAPTIST HEALTH RUNNING ALL THE WAY DOWN TO, UM, WIENSTEIN.

COMING ALL THE WAY DOWN TO WIENSTEIN, THEN OF COURSE EXTENDING WIENSTEIN ALL THE WAY UP TO CONNECT TO OLD WIENSTEIN AND THERE'S, BUT, BUT WHAT THE APPLICANT IS SAYING, SO, YOU KNOW, I ASSUME BAPTIST HEALTH, BUT IT'S GONNA RUN BEHIND THEIR PROJECT.

BUT YEAH, THAT'S, AND SO IF YOU WANTED TO HAVE AN ENTRANCE TO THE BACK OF THE PROPERTY, WHOSE RESPONSIBILITY YOU'RE NOT GONNA HAVE ONE? NO, NOT RIGHT NOW.

NOT RIGHT NOW.

NO, NOT RIGHT NOW.

AGAIN, THEY'RE JUST SHOWING THE, SHOWING A CONCEPTUAL SITE PLAN.

AND THOSE FURTHER DISCUSSIONS WOULD COME DURING PLATING.

YEAH, REMEMBER WE, WE APPROVED THAT A FEW MONTHS BACK TO WHERE THEY NO LONGER HAVE TO GIVE US A SITE PLAN.

SO, BUT THANK YOU FOR SHOWING US WHAT YOU DID.

I, I, I APPRECIATE IT.

ANYBODY ELSE? YEAH, MORE? NO, DANIEL, YOU'RE BEING AWFUL QUIET DOWN HERE TONIGHT.

REALLY TIRED.

YEAH, I MAKE A MOTION.

WE APPROVE PL SPU 2 0 2 4 0 0 5 8.

I SECOND.

ALRIGHT, I HAVE A MOTION FROM UH, COMMISSIONER HECTOR AND A SECOND FROM COMMISSIONER CRAIG.

AND THIS IS TO RECOMMEND APPROVAL TO CITY COUNCIL, CORRECT? MM-HMM.

, ANY FURTHER DISCUSSION QUESTIONS? OH NO.

ON TO ITEM NUMBER SIX, REQUEST AND ANNOUNCEMENTS.

HANG ON A SECOND 'CAUSE I HAVEN'T ERASED THE LAST ONE.

SO LET ME CLEAR IT.

PLEASE RECORD YOUR VOTE.

ALRIGHT, I SEE SIX VOTES.

PLEASE PUBLISH THAT.

WE HAVE SIX AYES AND NONE OPPOSED THAT MOTION PASSES.

THANK YOU FOR STICKING AROUND .

ALL RIGHT, SO, UM, MOVING

[6. REQUESTS AND ANNOUNCEMENTS]

REQUEST BY COMMISSIONERS TO PLACE ITEMS ON A FUTURE PLANNING AND ZONING AGENDA.

UH, BRIAN, YOU STILL HERE? HOW WOULD WE, HOW WOULD YOU, UH, SUGGEST JUST HOW, HOW DO WE ADDRESS THAT? UM, UM, IF YOU GOT ANNEXED EARLY AS PRE, BUT NOW, YOU KNOW, HOW WOULD YOU, IS THAT, YEAH, SO, SO THE TWO I HAD THAT I EXPECTED TO HEAR WAS ONE IS, UM, I MEAN WOULD THAT BE SOMETHING TO PUT ON OUR AGENDA TO DISCUSS OR? WELL, SO LEMME TELL YOU, I THINK STAFF IS GOING TO BE INCLINED JUST TO RUN THE WAIVER OF THE FEE OKAY.

FOR PRE AND, AND SO I DON'T KNOW THAT THERE'S A NEED TO TALK ABOUT IT UNLESS YOU DON'T WANT US TO DO THAT.

'CAUSE LIKELY THAT'S WHAT WE'LL DO.

AND SO THE OTHER THING WE HAD WAS THAT TIMING OF THE NOTICE REQUIREMENT, RIGHT.

TO GO OUT, IF Y'ALL WANT TO TALK ABOUT THAT.

'CAUSE THAT'S NOT QUITE SO CLEAR, I THINK.

ARE YOU DOING 10 BUSINESS DAYS OR 10 CALENDAR DAYS? CALENDAR.

DOES ANYBODY WANT TO, CAN WE PUSH IT TO 15 CALENDAR DAYS TO POTENTIALLY, SO, SO WHAT I'D RATHER Y'ALL DO IS JUST MAKE THE MOTION OKAY.

TO PUT IT ON THE AGENDA NEXT MEETING.

WE'LL TALK ABOUT IT AND, OR YEAH, A FUTURE MEETING.

I DON'T KNOW.

WE WILL SEE WHAT THE AGENDA'S LIKE FOR THE, THAT'S NEXT WEEK IS A SPECIAL MEETING NEXT WEEK, BUT YEAH, THIS, IS THAT THE ONLY ITEM THAT ONE'S DONE IN CASE IT WOULD, YEAH.

SO IF Y'ALL WANT, IT'S JUST THAT ONE CASE.

SO IT WOULD BE TO, UH, IF YOU'D LIKE, REQUEST IT, UH, BE PLACED ON THE AGENDA IF YOU WANT.

IF YOU, I'M A MOTION TO REQUEST THAT WE UP.

THERE'S NO VOTING ON THIS ACT.

YEAH, THERE'S NO VOTING.

OH, YOU JUST NEED TO STATE I'D LIKE THAT PUT ON THE AGENDA.

CAN YOU PUT THAT ON HIS AGENDA? AND THEN IF YOU ALSO WANNA PUT ON THAT THE CITY ATTORNEY STAYS THROUGH THE ENTIRE MEETING, DOESN'T GET UP AND LEAVE EARLY, YOU COULD PUT THAT ON HIS DISCUSSION ITEM NEXT TIME TOO.

DAN, UH, THANK YOU.

I LEARNED SOMETHING TONIGHT.

I, I DIDN'T, UH, I DIDN'T REALLY UNDERSTAND THAT WHOLE DISCUSSION AFTER THE MOTION THING, SO THANK YOU.

I, I DID LEARN SOMETHING, SO I LIKE HAVING HIM HERE.

YEAH, IT'S NICE HAVING HIM HERE.

I LIKE THAT.

ALRIGHT, SO WE HAVE A REQUEST TO, UH, TO PLACE ON THE AGENDA DISCUSSION ABOUT, UH, A NOTICE THE MAIL OUT DATE, UH, TIME.

BY COMMISSIONERS? ANYBODY DONE ANYTHING NEAT LATELY OR GONE ANYWHERE? NO.

OF ANYBODY ELSE HAVE ANYTHING ABOUT ANNOUNCEMENTS

[05:05:01]

UM, ALL RIGHT.

CITY STAFF.

YOU GUYS, YOU GUYS DON'T HAVE ANYTHING EITHER.

WELL, SHOOT.

WE'VE STILL GOT 45 MINUTES.

NO .