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GOOD AFTERNOON.

[00:00:02]

THANK YOU, MR. MASSENGALE.

THANK YOU, DR.

WILSON. IT IS 2 P.M.

[1. Call to Order - Welcome and Introduction]

ON THE 30TH DAY OF AUGUST 2023, AND WE ARE HERE FOR A SPECIAL CALLED PUBLIC HEARING AND SPECIAL CITY COUNCIL MEETING JOINTLY WITH OUR P AND Z GROUP. THANK YOU ALL FOR BEING HERE TODAY.

AT THIS TIME, WE'LL CALL CITY COUNCIL TO ORDER.

MR. SAWYER.

ALL RIGHT. THANK YOU, ZACH.

ALL RIGHT. SO KIND OF HERE'S THE PLAN FOR THE DAY OR AS WE INTEND IT TO GO.

SOMETIMES IT DOESN'T GO AS PLANNED.

WE WILL START OFF WITH INTRODUCTORY REMARKS AND COMMENTS FROM OUR PLANNING STAFF TO THE PROPOSED AMENDMENTS THAT HAVE BEEN PRESENTED TO THIS POINT AND THEN HAVE BEEN POSTED. ONCE THAT PRESENTATION IS OVER, WE WILL HOLD A JOINT CITY COUNCIL MEETING AND PUBLIC HEARING WITH THE P AND Z COMMISSION, AND WE WILL CONSIDER THE AMENDMENTS AS PRESENTED. THIS IS NOT A TIME TO DISCUSS ANYTHING OTHER THAN PROPOSED AMENDMENTS OR THOSE THAT HAVE BEEN POSTED.

SO IF YOU HAVE A PROPOSED AMENDMENT THAT YOU WOULD LIKE TO DISCUSS, EITHER FOR OR AGAINST, YOU WILL PRESENT YOUR PLAN AND HANDWRITTEN OR TYPED, WRITTEN OR WRITTEN SOME FORM. YOU CAN HAND THAT TO OUR CITY ATTORNEY AND THEN THAT CAN BE ONE OF THE PROPOSED AMENDMENTS THAT WE WILL THEN HAVE AS CONSIDERATION.

ONCE THE PUBLIC HEARING IS DONE, WE WILL CLOSE THE PUBLIC HEARING.

WE WILL TURN IT OVER TO P AND Z, THEN CAN TAKE ACTION TODAY OR THEY MAY RECESS.

THEY ARE ALSO POSTED FOR SEPTEMBER 7TH AND THAT ACTION WILL BE TAKEN EITHER TODAY OR ON THE SEVENTH.

AGAIN, ONCE P AND Z VOTES, IT THEN GETS PRESENTED TO COUNCIL AND THEN WE WILL TAKE IT FROM THERE.

ALL RIGHT. SO, IF YOU HAVE ANY QUESTIONS AT ANY TIME, FEEL FREE TO ASK KRISTEN OR ANY STAFF AVAILABLE.

BUT AT THIS TIME, I WILL TURN IT OVER TO YOU, MS. SAGER AND CITY STAFF.

THERE WE GO. GOOD AFTERNOON, MAYOR.

COUNCIL. MR. CHAIRMAN, MEMBERS OF THE PLANNING AND ZONING COMMISSION.

AS A REMINDER, THIS MEETING TODAY IS TO DISCUSS PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, WHICH WAS ADOPTED BY CITY COUNCIL MAY 9TH OF 2023, WITH AN EFFECTIVE DATE OF OCTOBER 1ST.

THE UNIFIED DEVELOPMENT CODE COMBINED THE LISTED ZONING SUBDIVISION DESIGN AND DEVELOPMENT REGULATIONS INTO ONE DOCUMENT.

TODAY I'LL BE GOING THROUGH 12 PROPOSED AMENDMENTS.

THE FIRST ONE IS IN RELATION TO LOT DENSITY AND DIMENSIONS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT.

THE CURRENT LANGUAGE STATES FOR MULTI LOT DEVELOPMENTS WITH COMMON PARKING AREAS OR PARTY WALL STYLED CONSTRUCTION, LOT SIZES AND SIDE SETBACKS MAY BE REDUCED SUBJECT TO THE DIRECTOR OF PLANNING APPROVAL.

UNFORTUNATELY, THE STATE HAS NOT GIVEN ME THE AUTHORITY TO BE ABLE TO VARY THOSE REQUIREMENTS.

THAT WOULD BE A VARIANCE THAT MUST BE CONSIDERED BY THE ZONING BOARD OF ADJUSTMENT.

SO STAFF IS PROPOSING TO STRIKE THAT SENTENCE WITHIN THE DOCUMENT.

THIS IS THE CURRENT ADOPTED LOT, DENSITY AND DIMENSIONS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT.

MINIMUM LOT AREA OF 6000FT².

MINIMUM LOT. LOT OF 60FT.

THE SECOND AMENDMENT IS IN RELATION TO ACCESSORY DWELLING UNITS.

THE CURRENT LANGUAGE STATES THAT AN EXISTING ACCESSORY DWELLING UNIT SHALL BE EXEMPT FROM THE STANDARDS OF THIS SUBSECTION, AND THE DIRECTOR OF PLANNING MAY DEEM THE ACCESSORY DWELLING UNIT A NON-CONFORMING USE OR STRUCTURE AS APPLICABLE.

WHILE THAT IS NOT INCORRECT, WE ARE CHANGING THE LANGUAGE TO FURTHER CLARIFY WHEN IT WOULD BE APPLICABLE.

IT WILL STATE THAT DWELLING UNITS MAY BE EXEMPT FROM THE STANDARDS WHEN THE PROPERTY OWNER PROVIDES SUFFICIENT EVIDENCE TO THE DIRECTOR OF PLANNING SHOWING THE STRUCTURE WAS CONSTRUCTED AS OR CONVERTED TO AN ACCESSORY DWELLING UNIT ON OR BEFORE NOVEMBER 20TH OF 1980.

THE HISTORY AND THE REASON BEHIND THIS DATE IS THAT IN 1980, CITY COUNCIL PASSED AN ORDINANCE WHICH ATTEMPTED TO STOP THE PROLIFERATION OF ACCESSORY LIVING UNITS. AT THAT TIME, THE CITY COUNCIL PERMITTED OWNERS OF PROPERTIES WITH AN ACCESSORY LIVING UNIT THAT WERE IN EXISTENCE OR CONVERTED PRIOR TO NOVEMBER 20TH OF 1980 TO REGISTER THOSE UNITS.

THAT REGISTRATION PERIOD LASTED UNTIL MAY 1ST OF 1981 FOR PROPERTIES WHERE THE OWNER FAILED TO REGISTER THEIR UNITS DURING THAT DEADLINE.

A PROCEDURE WAS ESTABLISHED WHERE THEY COULD GO IN FRONT OF THE ZONING BOARD OF ADJUSTMENT, BUT THEY HAD TO PROVIDE EVIDENCE.

THE UNIT WAS IN EXISTENCE PRIOR TO NOVEMBER 20TH OF 1980 AND EVIDENCE THAT THE LIVING UNIT HAD NOT LOST ITS LEGAL NONCONFORMING STATUS.

AS THAT DATE STARTED TO GET FURTHER AWAY, BECAME MORE AND MORE DIFFICULT FOR OWNERS TO PROVE THE NONCONFORMING STATUS BECAUSE THEY HAVE TO PROVE THAT THE UNIT HAS NOT CEASED ITS USE AS BEING USED AS A LIVING UNIT FOR A PERIOD OF MORE THAN ONE YEAR.

THEREFORE, AN ADDITIONAL ORDINANCE WAS APPROVED, GIVING THE AUTHORITY TO PERMIT AS AN ACCESSORY USE TO AN OWNER-OCCUPIED STRUCTURE, A SECONDARY LIVING UNIT

[00:05:10]

CONVERTED PRIOR TO THAT DATE BUT NOT ELIGIBLE FOR REGISTRATION.

IT REQUIRED THE PROPERTY OWNER TO LIVE ON THE PROPERTY, BUT THEY ONLY HAD TO PROVIDE EVIDENCE THAT THE UNIT WAS IN EXISTENCE BEFORE NOVEMBER 20TH OF 1980.

THE THIRD AMENDMENT IS IN RELATION TO SIGNS.

UNDER THE CATEGORY OF SIGNS EXEMPT FROM THIS REGULATION, IT LISTS SIGNS ERECTED BY THE CITY, STATE.

A SCHOOL DISTRICT OR THE UNITED STATES GOVERNMENT ARE EXEMPT.

IT CONTRADICTS ITSELF IN THAT LAST SENTENCE WHERE IT SAYS THE EXEMPTION DOES NOT APPLY TO SCHOOL DISTRICTS.

SO WE ARE RECOMMENDING TO STRIKE THAT.

WE DO WANT SCHOOL DISTRICTS TO BE EXEMPT.

NUMBER FOUR, THE REDUCTION OVERLAY DISTRICT.

THIS IS A NEW OVERLAY DISTRICT THAT WE DO NOT HAVE IN OUR CODE CURRENTLY THAT WAS ADOPTED IN MAY WITH THE UNIFIED DEVELOPMENT CODE.

THE RED LINE JUST BASICALLY CLEANS UP A FEW ITEMS IN IT.

THE FIRST BEING IT ESTABLISHES THE PURPOSE OF THIS DISTRICT, WHICH IS TO ALLOW DEVELOPMENT THAT DEVIATES FROM THE STANDARDS OF THE UNDERLYING BASE ZONING DISTRICT BY REDUCING OR RESTRICTING THE STANDARDS AND REMOVING PERMITTED OR ACCESSORY USES.

IT ALSO PROVIDES REGULATORY FLEXIBILITY.

IT ESTABLISHES THAT COUNCIL CONSIDERS A FINAL REPORT FROM THE PLANNING AND ZONING COMMISSION AND REMOVES LANGUAGE THAT WOULD ALLOW ADDITIONAL OR NEW USES TO BE APPROVED WITH THIS OVERLAY.

THAT IS NOT THE INTENT OF THE OVERLAY.

THE INTENT IS TO STRICTLY REDUCE, RESTRICT, REMOVE PERMITTED USES IN THE DISTRICT.

IT GIVES EXAMPLES SUCH AS RESTRICTING TO A LESSER HEIGHT OR REMOVING THE ALLOWANCE FOR A PERMITTED BY RIGHT CARPORT OR ACCESSORY DWELLING UNIT.

NUMBER FIVE IS NUMBER FIVE IS IN RELATION TO MISS SAGER.

PATTERSON HARRIS HAS A QUESTION.

YOU REPEAT THAT SECTION WHERE YOU SAW THE PURPOSE OF IT AND ITS INTENT IS TO AGAIN READ THAT FOR US AGAIN.

SURE. IS TO ALLOW DEVELOPMENT THAT DEVIATES FROM THE STANDARDS OF THE UNDERLYING BASE ZONING DISTRICT BY REDUCING OR RESTRICTING RESTRICTING THESE STANDARDS AND REMOVING PERMITTED OR ACCESSORY USES.

SO IF SOMEONE WAS DEVELOPING A NEW SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD AND WANTED TO PROHIBIT CARPORTS OR ACCESSORY DWELLING UNITS, THEY WOULD BE ABLE TO APPLY FOR THIS OVERLAY DISTRICT FOR THAT REASON.

THEN, MR. MCBRAYER. SO WOULD THAT ONLY APPLY TO NEW DEVELOPMENTS? IT COULDN'T BE RETROACTIVE TO AN EXISTING DEVELOPMENT.

ANY PROPERTY OWNER COULD APPLY FOR IT FOR THEIR INDIVIDUAL PROPERTY WITH THEIR INDIVIDUAL PROPERTIES.

YES. OR IF A DEVELOPER WANTED TO DO IT PRIOR TO DEVELOPING A NEW SUBDIVISION, THEY COULD DO IT AS WELL.

THERE'S A MINIMUM REQUIREMENT FOR THE SIZE OF THE DEVELOPMENT.

THERE IS NOT. THERE'S NOT.

OKAY. THANK YOU. ALL RIGHT, MISS.

THANK YOU. NUMBER FIVE IS IN RELATION TO OUR SUBDIVISION STANDARDS AND DEVELOPMENT REVIEW PROCEDURES.

I DID NOT PUT THE ENTIRE RED LINE DOCUMENT IN HERE BECAUSE IT TOUCHES SEVERAL SECTIONS WITHIN THE UNIFIED DEVELOPMENT CODE.

THEY ARE ALL LISTED HERE.

IT INCLUDES REQUIRED NOTICES ON FINAL PLATS APPLICATION, COMPLETENESS, REVIEW, STAFF REVIEW AND DISTRIBUTION, AND THEN THE PROCEDURES GOVERNING PRELIMINARY PLATS FINAL PLATS RE PLATS VACATING PLATS WAIVERS.

THIS IS BECAUSE OF HOUSE BILL 3699 APPROVED BY THE STATE LEGISLATURE EARLIER THIS YEAR.

IT CHANGES OUR PLATTING PROCESS, SO WE NEED TO AMEND THESE REGULATIONS TO BE IN COMPLIANCE WITH STATE LAW.

IT ALSO REQUIRES THAT THE CITY ADOPT CHECKLIST FOR PRELIMINARY PLAT AND FINAL PLAT SUBMISSION.

THIS IS JUST A PORTION OF THOSE TWO CHECKLIST WHERE WE HAVE LAID OUT THEIR SUBMISSION REQUIREMENTS AND ADDITIONAL REQUIREMENTS REGARDING THE PLOT ITSELF.

THIS NEW BILL ALSO REQUIRES PLATS TO BE APPROVED ADMINISTRATIVELY BY CITY STAFF, SO PLATS WILL NO LONGER BE REVIEWED BY THE PLANNING AND ZONING COMMISSION.

IT IMPLEMENTS A NEW TIMELINE OR SHOT CLOCK FOR PLAT REVIEW AND APPROVAL BASED ON THE SUBMITTAL DATE.

SO ONCE A COMPLETE APPLICATION IS SUBMITTED TO THE CITY, THE CITY WILL HAVE TEN BUSINESS DAYS TO REVIEW AND SEND A LETTER TO THE APPLICANT, EITHER APPROVING THE PLAT OR LISTING THE REASONS WHY IT CANNOT BE APPROVED IF THE PLAT CANNOT BE APPROVED.

THE APPLICANT HAS 45 CALENDAR DAYS FROM THE ORIGINAL SUBMITTAL DATE TO CORRECT THE PLAT AND RESUBMIT.

THE CITY WILL REVIEW THE SUBMITTAL IF SUBMITTED ON TIME AND EITHER APPROVE OR DENY THE PLOT.

IF THE RESUBMITTAL CANNOT BE APPROVED OR THE APPLICANT DID NOT MEET THE TIMELINE TO RESUBMIT, THE CITY WILL DENY THE PLAT AND THE APPLICANT WILL NEED TO START OVER WITH A NEW APPLICATION. HERE'S AN EXAMPLE OF HOW THAT WOULD LOOK.

MONDAY, OCTOBER 2ND.

IF AN APPLICANT SUBMITS A COMPLETE PLAT SUBMITTAL, WE WILL HAVE UNTIL MONDAY, OCTOBER 16TH TO EITHER APPROVE THE PLAT OR SEND A LETTER TO THE APPLICANT ADVISING WHY WE CANNOT

[00:10:07]

APPROVE IT. THE APPLICANT WILL THEN HAVE UNTIL THURSDAY, NOVEMBER 16TH TO SUBMIT THE CORRECTED PLAT FOR ADDITIONAL REVIEW.

NUMBER SIX IS IN REGARDS TO OUR NOTIFICATION BOUNDARY FOR PUBLIC NOTICE, THE CURRENT LANGUAGE IN THE UDC STATES THAT PUBLIC NOTICE OF ANY NEW DEVELOPMENT REVIEW REQUEST SHALL BE IN ACCORDANCE WITH THE TEXAS LOCAL GOVERNMENT CODE CHAPTERS 211 AND 212.

WE ARE PROPOSING LANGUAGE TO ADD WITH THE EXCEPTION THAT WHEN WRITTEN NOTICE OF A PUBLIC HEARING IS REQUIRED TO BE SENT TO EACH OWNER WITHIN 200FT OF THE PROPERTY ON WHICH THE CHANGE IS PROPOSED, WRITTEN NOTICE MUST INSTEAD BE SENT TO EACH OWNER WITHIN 400FT OF THE PROPERTY ON WHICH THE CHANGE IS PROPOSED.

STATE LAW IS CURRENTLY 200FT.

HERE'S AN EXAMPLE OF HOW THAT WOULD LOOK USING CITIZENS TOWER WITH A 200 FOOT NOTIFICATION BOUNDARY, 19 NOTIFICATIONS WOULD BE SENT 400 FOOT 41 NOTIFICATIONS WOULD BE SENT.

NUMBER SEVEN IS IN REGARDS TO THE DEFINITION OF FAMILY.

THE CURRENT LANGUAGE STATES FAMILY MEANS ONE OR MORE PERSONS RELATED BY BLOOD ADOPTION OR MARRIAGE OR NOT.

MORE THAN THREE UNRELATED PERSONS LIVING AND COOKING TOGETHER AS A SINGLE HOUSEKEEPING UNIT.

RESIDENTS OF GROUP HOMES ARE INCLUDED WITH THIS DEFINITION.

THERE WAS DISCUSSION AMONGST COUNCIL THAT TO CONSIDER TAKING THIS DOWN TO TWO UNRELATED PERSONS.

SO WE ARE BRINGING THAT TO YOU TODAY.

FOR THE HISTORY OF THE DEFINITION OF FAMILY BACK IN THE 1941 ORIGINAL ZONING CODE, THE DEFINITION OF FAMILY WAS ANY NUMBER OF INDIVIDUALS LIVING TOGETHER AS A SINGLE HOUSEKEEPING UNIT.

IN 1955, THAT DEFINITION HAD NOT CHANGED.

IN 1959, IT CHANGED SO THAT IT IS ONE OR MORE PERSONS RELATED BY BLOOD ADOPTION OR MARRIAGE OR NOT.

MORE THAN TWO UNRELATED PERSONS LIVING AND COOKING TOGETHER AS A SINGLE HOUSEKEEPING UNIT.

IN 1975, THE DEFINITION WAS REMOVED ALTOGETHER, AND THEN IN 1983, IT WAS BROUGHT BACK AS THE SAME DEFINITION FROM 1959.

AMENDMENT NUMBER EIGHT IS IN REGARDS TO A PERMITTED USE IN THE IP AND GI DISTRICTS.

THE USE IS POWER GENERATION, TRANSMISSION AND DISTRIBUTION, INCLUDING LARGE SOLAR COLLECTORS AND WINDMILLS.

OUR PROPOSAL IS TO CHANGE THIS USE FROM PERMITTED BY RIGHT TO A SPECIFIC USE.

THIS WILL GIVE COUNCIL THE OPPORTUNITY TO REVIEW THE DESIGN AND LAYOUT OF PROPOSED SOLAR FARMS, WIND FARMS, OTHER TRANSMISSION.

NUMBER NINE IS IN REGARDS TO CARPORTS.

THE CURRENT LANGUAGE STATES THAT THEY SHALL HAVE DIMENSIONS NO GREATER THAN 20FT IN LENGTH BY 20FT IN WIDTH.

WE ARE PROPOSING TO CHANGE THAT TO 24FT IN LENGTH, 20 FOOT IN WIDTH.

AS A REMINDER, THERE WILL BE NEW REGULATIONS REGARDING CARPORTS THAT ARE LOCATED WITHIN THE FRONT SETBACK.

A CARPORT SHALL BE CONSTRUCTED SO THAT THE SUPPORTING POST FASCIA SOFFITS ROOF AND ROOF SLOPE ARE THE SAME COLOR MATERIALS AND ARCHITECTURAL STYLE AS THE PRINCIPAL STRUCTURE.

SO THE ONE ON THE LEFT.

FLAT ROOF METAL CARPORT WILL NOT BE ALLOWED.

THE ONE ON THE RIGHT THAT DOES MATCH THE MATERIAL AND ROOF PITCH OF THE HOME WILL BE PERMITTED, BUT IT WILL NOT BE REQUIRED TO BE ATTACHED.

NUMBER TEN IN REGARDS TO THE HIGH DENSITY RESIDENTIAL DISTRICT, WE KNOW THERE WAS SOME DISCUSSION COUNCIL WANTED TO HAVE AROUND THIS DISTRICT STAFF IS NOT RECOMMENDING ANY CHANGES TO THIS DISTRICT.

SAME WITH NUMBER 11 BUFFER YARD LANDSCAPING.

AT THIS TIME, WE ARE NOT RECOMMENDING ANY CHANGES, BUT WE KNOW THERE IS SOME DISCUSSION.

LASTLY, NUMBER 12 MINIMUM CONNECTIONS FACING BY STREET CLASSIFICATION.

THIS IS IN REGARDS TO THE DRIVEWAY SPACING REQUIREMENT INSTEAD OF IT STATING MEASURED CENTER TO CENTER.

OUR ENGINEERING DEPARTMENT HAS ADVISED THAT NEEDS TO BE EDGE TO EDGE AND I'D BE PLEASED TO ANSWER ANY QUESTIONS.

I DON'T SEE ANY FROM COUNCIL, ZACH.

ANY QUESTIONS FROM YOU, MR. MAYOR? MISS JOY.

UH, MISS SAGER, WHEN YOU WERE TALKING ABOUT FAMILY DEFINITION, YOU SAID SOMETHING ABOUT RESIDENTS OF GROUP HOMES.

WOULD YOU REPEAT THAT, PLEASE? YES. THE CURRENT LANGUAGE IN THE DEFINITION OF FAMILY STATES THAT RESIDENTS OF GROUP HOMES ARE INCLUDED WITHIN THIS DEFINITION.

OKAY. THANK YOU.

ANY QUESTIONS? NO, WE'RE GOOD.

[00:15:01]

ALL RIGHT, MR. BELL, WE'VE GOT A QUESTION.

CAN YOU CLARIFY ON THE ACCESSORY DWELLING UNIT? DOES THAT STILL DID THEY HAVE TO HAVE IT REGISTERED? IT WASN'T REGISTERED BEFORE.

AND IT COMES IN. THEY JUST HAVE TO COME BACK AND SHOW THAT IT WAS BUILT.

SO THE REGISTRATION PERIOD WAS FROM NOVEMBER 20TH, 1980 TO MAY 1ST, 1981.

IF THEY DID NOT REGISTER IT BY MAY 1ST, THEY HAD THE OPTION OF GOING IN FRONT OF THE ZONING BOARD OF ADJUSTMENT TO GET APPROVAL TO BE ABLE TO USE IT AS AN ACCESSORY DWELLING UNIT. THE OPTION TO GO IN FRONT OF THAT BOARD IS REMOVED WITH THE UNIFIED DEVELOPMENT CODE.

SO ONCE THE UDC GOES INTO EFFECT, YOUR UNIT WILL EITHER BE LEGAL BECAUSE IT WAS REGISTERED DURING THE REGISTRATION PERIOD OR BECAUSE YOU RECEIVED APPROVAL FROM THE ZONING BOARD OF ADJUSTMENT.

IT COULD POTENTIALLY BECOME LEGAL IF IT WAS NOT REGISTERED BECAUSE YOU MEET THE NEW REQUIREMENTS IN THE UNIFIED DEVELOPMENT CODE WITH A MINIMUM LOT SIZE OF 10,000FT² AND A THIRD PARKING SPACE AND THE MAIN HOME IS OWNER OCCUPIED.

OR IF YOU DO NOT MEET ANY OF THOSE REQUIREMENTS, YOU WOULD HAVE TO PROVE TO STAFF THAT YOUR UNIT IS NON-CONFORMING.

SO YOU WOULD HAVE TO GO BACK TO WHEN IT WAS CONSTRUCTED AS OR CONVERTED TO A DWELLING UNIT AND PROVE THAT IT HAS BEEN USED CONTINUOUSLY WITHOUT SITTING VACANT FOR MORE THAN ONE YEAR SINCE THAT DATE UNTIL NOW.

OKAY. THANK YOU. I'VE GOT A QUICK QUESTION ON ITEM NUMBER SIX, THE 200 FOOT BOUNDARY VERSUS THE 400 FOOT BOUNDARY. AND MAYBE THIS IS MORE OF A LEGAL QUESTION, BUT LET'S JUST SAY WE GO TO THE 400.

IS THE CITY OPEN UP CASE FOR LEGAL? IF IT'S STATE LAW AT 200 AND WE'RE LET'S SAY THAT SOMEONE FROM THE 300 RESPONDS, A 300 FOOT RESPONDS AND IT TURNS THE CASE NEGATIVE.

AND NOW THE PROPONENT HAS IS HOLDS THE STATE LAW OF 200.

I MEAN, WHAT ARE WE GETTING INTO THERE BY LOOKING POTENTIALLY STATE LAW AT 200? I WILL DEFER THAT TO LEGAL.

YEAH, THERE'S JUST NO ISSUES THERE.

THE COUNCIL THE CITY COULD OVER NOTICE WITHOUT ANY ISSUE LIKE THAT ARISING.

SO THERE'S NO ISSUE THERE.

MISS PATTERSON HARRIS.

I WAS JUST GOING TO MENTION THE PRESENTATION OF THAT OR THE PROPOSAL OF THAT IS BECAUSE WE FIND THAT SO MANY CITIZENS ARE NOT AWARE AS TO WHAT'S GOING ON AROUND THEM.

AND A LOT OF CASES THAT 200FT ENDS UP BEING THE PROPERTY OF THE INDIVIDUAL WHO'S DEVELOPING THAT AREA.

SO WITH 400FT, IT GIVES A LITTLE MORE OPPORTUNITY FOR CITIZENS WHO WOULD BE IMPACTED TO BE NOTIFIED AND LET THE LEGAL TEAM ADD ANYTHING ELSE OUTSIDE OF THAT.

CHAD, NOW, THE 2 TO 400 OR ANYTHING OVER 400, THAT'S NOT AN OBJECTION WITHIN THE 200.

CORRECT. SO THAT THERE ARE DIFFERENT REQUIREMENTS.

COULD YOU GO AHEAD AND EXPLAIN THAT MIGHT HELP? MR.. WHEATLEY SURE.

EVEN THOUGH THE COUNCIL COULD OVER NOTICE TO 400FT THE MATH THAT WOULD BE DONE FOR A PROTEST OF 20% OF THE PEOPLE WITHIN THE 200FT PROTESTING.

THAT WOULD REQUIRE A SUPERMAJORITY THAT WOULD STILL BE 200FT BECAUSE THE STATE LAW SAYS THAT THAT WILL BE CALCULATED ON 200FT.

SO, WE CAN'T CHANGE THAT CALCULATION.

BUT THERE'S NOTHING IN THE LAW THAT WOULD PROHIBIT THE COUNCIL FROM NOTICING BEYOND THE 200FT JUST FOR A NOTICE.

MR. MCBRAYER BACK TO THE ACCESSORY UNIT.

I BELIEVE MAYBE I MISUNDERSTOOD YOU.

WHAT THE OWNER WOULD HAVE TO SHOW IF IT HAD NOT BEEN REGISTERED.

I READ THIS TO BE. THEY ONLY HAVE TO SHOW THAT IT WAS CONSTRUCTED OR CONVERTED BEFORE NOVEMBER 20TH, 1980.

NOT THAT THEY WOULD HAVE TO SHOW THAT IT WAS CONTINUOUSLY OCCUPIED.

SO THE SECOND OPTION ON THE SCREEN HERE, APPROVED BY ORDINANCE 2007 00034.

THAT IS IN OUR CODE TODAY.

SO YES, TODAY IF THEY APPLY FOR ZBA APPROVAL TO PERMIT THE UNIT AS AN ACCESSORY USE TO AN OWNER OCCUPIED STRUCTURE, THEY ONLY HAVE TO PROVE IT WAS IN EXISTENCE PRIOR TO THAT DATE.

BOTH OF THESE OPTIONS THAT GO THROUGH THE ZONING BOARD OF ADJUSTMENT ARE REMOVED WITH THE UNIFIED DEVELOPMENT CODE.

SO THEN ANYONE WHO DID NOT GET APPROVAL FROM ZBA DID NOT REGISTER, DID NOT, CANNOT MEET THE CURRENT REQUIREMENTS IN THE UNIFIED DEVELOPMENT CODE, WOULD HAVE TO PROVE THE HISTORY, THE CONTINUOUS USE.

YES. PART OF THE HISTORY.

THE CONTINUOUS USE.

YES. EVEN THOUGH THAT'S DIFFICULT, IT WOULD BE VERY DIFFICULT.

ALL RIGHT. WAS THERE A REASON FOR REVERTING BACK TO THAT MORE DIFFICULT STANDARD? EVEN THE CASES WE SEE TODAY GOING IN FRONT OF THE ZONING BOARD OF ADJUSTMENT, IT'S DIFFICULT TO PROVE.

[00:20:03]

USUALLY APPLICANTS DON'T HAVE ALL THE EVIDENCE THEY NEED.

IT'S VIRTUALLY A VETO ON IT.

RIGHT? YES. OKAY.

THANK YOU. MRS. PATTERSON. HARRIS. YOU CAN HAVE AS MANY QUESTIONS AS YOU WANT AS PATTERSON WITH REGARD TO ITEM NUMBER NINE, CARPORTS, ETCETERA. THIS WILL NOT REQUIRE ANY ACTION BY ZBA.

THAT'S CORRECT.

OKAY. AND ONE ADDITIONAL QUESTION.

HOW WILL WE KEEP UP WITH SOME OF THOSE CARPORTS THAT END UP BEING OUT OF COMPLIANCE? THEY WILL STILL BE REQUIRED TO GET A PERMIT, SO WE WILL REVIEW THE MATERIALS AND THE DESIGN AT THAT TIME, IF THEY DID NOT GET A PERMIT, CODE ENFORCEMENT CAN GIVE THEM A NOTICE.

OKAY. THANK YOU FOR THAT INFORMATION, MISS JOY.

I DON'T WANT TO FORGET YOU UP THERE IN THE SKY.

ANY QUESTIONS? TRY TO GET MY VIDEO ON.

OOPS. A VIDEO WON'T STAY ON.

WE CAN HEAR YOU.

WELL, HAVE TO BE ON THE SCREEN, ACCORDING TO THE.

THERE YOU ARE. YOU'RE YOU'RE.

YOU'RE THERE. UH, WAS THERE SOME REASON WHY PLANNING DID NOT MAKE CHANGES TO THE HDR REGULATIONS THAT I BELIEVE SOME PEOPLE HAVE REQUESTED CHANGES.

CAN YOU TELL ME WHY WE FEEL THAT WHAT COUNCIL ADOPTED IN MAY IS APPROPRIATE AND DID NOT SEE ANY NECESSARY CHANGES TO IT? WELL, COULD YOU GET INTO A LITTLE BIT OF DETAIL ON THAT? THAT DOESN'T HELP ME VERY MUCH TO SAY.

I DON'T THINK IT'S APPROPRIATE.

I DON'T THINK APPROPRIATE IS IN A GOOD ZONING TERM.

BUT CAN YOU TELL ME SPECIFICALLY WHY YOU DON'T THINK THAT AMENDMENT SHOULD BE APPROVED? SURE.

SO THE THE HIGH DENSITY HDR RESIDENTIAL DISTRICT ALLOWS A VARIETY OF USES.

I'M TRYING TO PULL IT UP ON SCREEN HERE.

SO EVERYTHING FROM SINGLE FAMILY, DETACHED DUPLEX APARTMENTS, TOWNHOMES, LIVE WORK UNITS AND VERTICAL MIXED USE THE THE LOT SIZES EVERYTHING THAT HAS BEEN PROPOSED.

YOU KNOW WE THINK IS CONSISTENT.

THE VERTICAL MIXED USE I KNOW THAT'S PROBABLY I'M EXPECTING TO BE A LOT OF THE DISCUSSION TODAY.

I KNOW THERE'S BEEN SOME CONCERNS ABOUT IT.

RIGHT NOW IT HAS A 75 FOOT MAX BUILDING HEIGHT LIMIT.

PART OF THAT IS BECAUSE WITH VERTICAL MIXED USE, YOU EXPECT TO HAVE THE RETAIL ON THE FIRST FLOOR WITH THE APARTMENTS ABOVE IT.

SO OFFERING A LITTLE MORE HEIGHT FOR THAT BECAUSE IF YOU WERE DOING ONLY APARTMENTS, YOU'RE LIMITED TO A 45 FOOT HEIGHT.

IN ADDITION, IT DOES HAVE PROVISIONS TO PROTECT RESIDENTIAL AREAS.

YOU HAVE A 50 FOOT REAR SETBACK WHEN YOU'RE ADJACENT TO A RESIDENTIAL USE.

YOU'RE STILL HAVING TO PROVIDE 5% OF COMMON OPEN SPACE.

YOU HAVE YOUR SIDE SETBACKS, 20 FOOT WHEN YOU'RE ADJACENT TO A RESIDENTIAL USE.

ADDITIONALLY, THE VERTICAL MIXED USE ALONG WITH ALL OF THOSE RESIDENTIAL USES LISTED, THEY'RE LIMITED WITHIN THIS DISTRICT.

AND THE REASON FOR THAT IS BECAUSE THERE IS A PROVISION THAT REQUIRES THE HOUSING TYPE ON A BLOCK FACE TO BE ONE ONE HOUSING TYPE SO IT DOESN'T ALLOW YOU TO MIX AND MATCH AND PUT AN APARTMENT IN THE MIDDLE OF A BLOCK FACE OF SINGLE FAMILY RESIDENTIAL HOMES.

SO THE FACT THAT IT HAS THAT PROTECTION THERE AS WELL, UM, WE THINK ALLOWING THAT EXTRA HEIGHT FOR THE MIXED USE WOULD BE SUFFICIENT. ANY OTHER QUESTIONS, MISS JOY? UH, LANDSCAPING.

YOU SAID YOU KIND OF SKIPPED OVER THAT.

UH, YOU WANT TO BACK UP? YES. NOT CHANGING IT OR THERE ARE NO REGULATIONS.

WHAT WERE YOU SAYING? SO THE CURRENT ADOPTED ORDINANCE HAS BUFFER YARD LANDSCAPING.

IT HAS FOUR DIFFERENT TYPES A, B, C, AND D, THEY ARE A IS FIVE FOOT.

B IS TEN FOOT. C IS 15 FOOT.

D IS 30 FOOT.

STAFF IS NOT RECOMMENDING ANY CHANGES TO THAT.

BUT WE KNEW THERE WAS SOME DISCUSSION AMONGST COUNCIL.

THAT COUNCIL WANTED TO DISCUSS THE CURRENT BUFFER YARDS AND POTENTIALLY PROPOSE AMENDMENTS TO THEM.

THANK YOU. ALL RIGHT.

THANK YOU, MISS SAGER, VERY MUCH.

THANK YOU. ALL RIGHT.

AT THIS TIME, WE WILL CONSIDER AND OPEN UP A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE.

[2. Hold a Joint City Council Meeting and Public Hearing with the Planning and Zoning Commission to consider amending the Unified Development Code (Ordinance No. 2023- O0054), and zoning map, including but not limited to proposed amendments to Sections 39.02.006.a.3, related to Lot Density and Dimensions, 39.02.020.e.1.A.ii, related to Accessory Dwelling Units, 39.03.021.a.2, related to Signs Exempt from Regulations, 39.04.024.a related to the Required Notice for Final Plats Containing Lake or Flood Risk Areas, 39.02.014, related to the Reduction Overlay (RO) District, 39.04, related to Subdivision Standards, 39.07, related to Development Review Procedures, 39.07.007(a), related to Public Notice, 39.10.002, related to Definitions, 39.02.016, related to the Land Use Matrix, Table 39.02.016-1, related to Permitted Uses by District, Table 39.02.006.e-1 related to IP Permitted Uses, Table 39.02.006.f-1, related to LI Permitted Uses, Table 39.02.006.g-1 related to GI Permitted Uses, 39.02.020.b (4)(F)(A)(iii) and 39.02.020.b (4)(F)(B)(ii), related to Residential Carport or Porte-Cochere Locations, 39.07.038 (c)(4), related to Applicant Responsibilities for Preliminary Plats, 39.02.004.e related to the High Density Residential (HDR) District, Table 39.02.003-1, related to Zoning Districts, 39.02.005.a, related to General Mixed Use Standards, 39.02.004.e (4), related to Lot Density and Dimensions, and Section 39.03.016 related to Bufferyard Landscaping, and review and approve written lists of all documentation and other information the municipality requires to be submitted with a plat application, as required by H.B. 3699.]

[00:25:04]

THE JOINT PUBLIC HEARING IS BEING CONDUCTED PURSUANT TO SECTION 211.

007D OF THE TEXAS LOCAL GOVERNMENT CODE.

I WILL NOW, AT THIS TIME OPEN THE PUBLIC HEARING ON BEHALF OF CITY COUNCIL, AND THEN I'LL TURN IT OVER TO YOU BRIEFLY.

MR. SAWYER AND I WILL OPEN THE PUBLIC HEARING ON BEHALF OF P AND Z.

ALL RIGHT. THANK YOU, MR. SAWYER. SO AT THIS TIME, IF ANYONE HERE IS WISHING TO SPEAK IN FAVOR OF AN AMENDMENT, IF YOU WOULD PLEASE STEP FORWARD.

STATE THE AMENDMENT THAT YOU ARE SPEAKING TO.

WE HAVE 12 ITEMS POSTED.

AND AGAIN, IF YOU HAVE AN AMENDMENT THAT YOU WOULD PROPOSE, IF YOU WILL PLEASE HAND THAT TO MR. WEAVER AT THIS TIME, ANYONE WISHING TO SPEAK IN FAVOR, YOU MAY STEP FORWARD NOW.

AGAIN, PLEASE STATE YOUR NAME AND YOUR ADDRESS AS YOU STEP FORWARD SO WE CAN MARK THAT APPROPRIATELY.

GOOD AFTERNOON. I'M CINDY PARADIS, 3118 20TH STREET.

AND I HOPE I DON'T GET THIS ALL MIXED UP.

WE'RE SPEAKING IN FAVOR OF CERTAIN AMENDMENTS AT THIS POINT.

THEN WE WILL SPEAK AGAINST OTHER AMENDMENTS IN A MINUTE.

CORRECT? OKAY.

THAT'S RIGHT. IT'S PRETTY IT'S PRETTY CONFUSING TO ME.

STILL. I'M HERE BECAUSE HOWEVER MANY MONTHS AGO THAT Y'ALL STARTED THE OPEN HOUSES, I WENT TO A COUPLE.

THEY WERE VERY SPARSELY ATTENDED FOR SOMETHING OF THIS MAGNITUDE.

I WAS VERY SURPRISED.

AND SO I JUST ASKED SOME PEOPLE WHO WERE MUCH MORE EDUCATED ON THIS THAN I WAS, WILL THIS AFFECT OUR NEIGHBORHOOD BASICALLY, AND WAS TOLD, NO, THIS WON'T AFFECT YOUR NEIGHBORHOOD, SAID, OKAY, I DON'T HAVE TO READ THE 500 PAGES.

I'M JUST GOING TO TRUST THE PEOPLE WHO ARE INVOLVED IN THIS.

I BELIEVE IT WAS THE JOINT MEETING IN MARCH WHERE WE HAD ALL THE BOARDS UP THAT SHOWED WHAT THE DIFFERENT ZONING WAS AND ALL.

AND SO, I DISCOVERED, OH, YEAH, PERHAPS I DO NEED TO BE CONCERNED ABOUT THE EFFECTS.

SO THE AMENDMENT I AM SPEAKING IN FAVOR OF AT THIS POINT IS CHANGING THE THREE OR MORE BACK TO THE TWO OR MORE.

THERE ARE A NUMBER OF REASONS I COULD SUPPORT THAT.

THERE ARE SEVERAL PEOPLE HAVE ALREADY ADDRESSED THIS WITH ME, AND I DON'T KNOW IF SOMEBODY ELSE IS GOING TO SPEAK IN FAVOR OF THAT.

BUT I DO WANT TO KNOW, AS A REPRESENTATIVE OF THE TERRACE UNIT NEIGHBORHOOD ASSOCIATION, WE WOULD LIKE TO MAINTAIN THAT THAT SMALLER NUMBER.

WE'D LIKE TO HOPEFULLY BE ABLE TO ENFORCE THAT SMALLER NUMBER.

I AGREE WITH THAT AMENDMENT WHOLEHEARTEDLY AND THANK THE PLANNING DEPARTMENT FOR INSERTING THAT AS WELL.

THANK YOU. THANK YOU, MA'AM.

MR. MAYOR, MEMBER, MEMBERS OF THE COUNCIL.

MR. CHAIRMAN, MEMBERS OF THE P AND Z.

I TOO, AM CONFUSED WHETHER I'M FOR SOMETHING OR AGAINST SOMETHING.

SO I'M STEPPING OUT ON A LIMB.

HOPEFULLY I'M GOING TO DO THIS RIGHT.

JUST FOR CLARIFICATION, ONCE AGAIN, ANYONE HERE WISHING TO SPEAK IN FAVOR OF A PROPOSED AMENDMENT, THIS IS THE TIME TO SPEAK IN FAVOR OF ANY PROPOSED AMENDMENTS THAT ARE POSTED.

WELL, I PROPOSE AN AMENDMENT.

SEND AN EMAIL TO THE PLANNING DEPARTMENT AND SPEAKING TO THE HEIGHT OF THE VERTICAL.

I'M GONNA GO AHEAD AND GIVE YOUR NAME.

IT'S STEPHEN FALK. OH, I'M SORRY.

STEPHEN FALK.

I LIVE AT 2827, 23RD STREET IN TECH TERRACE.

I AM SPEAKING IN FAVOR OF THE AMENDMENT THAT I PROPOSED, AND THAT IS IF YOU LOOK AT TABLE 39.0 20.0040.E-2. ON THE RIGHT SIDE, IT SPEAKS TO VERTICAL MIXED USE. EVERYTHING ELSE ON THAT CHART IS 45FT IN HEIGHT.

THIS IS 75FT IN HEIGHT.

AND THERE HAS BEEN IMMEASURABLE DISCUSSION IN THE LAST THREE OR 4 OR 5 MONTHS OVER TWO PROJECTS THAT ARE OBVIOUSLY TALLER THAN 45FT. A BUNCH OF EMOTION THROUGH THOSE THOSE CONVERSATIONS, I WOULD HOPE THAT COUNCIL AND PLANNING AND ZONING WOULD ADOPT THE PREMISE FOR A VERTICAL MIXED USE, A MAXIMUM HEIGHT OF 45FT.

THEN IF IF THE PROPONENT, THE APPLICANT WANTS TO PURSUE IT, GO THROUGH THE PROCESS.

AND I'M AND I'M NOT A ZONING EXPERT FOR A SPECIAL USE THROUGH PLANNING AND ZONING THROUGH IN FRONT OF COUNCIL TO PROVE THAT IT'S NOT GOING TO HAVE AN IMPACT ON NEIGHBORS AND THINGS OF THAT NATURE.

IF YOU REMEMBER BACK WHEN WHEN YOU THE MEMBERS OF THE COUNCIL APPROVED OCTOBER 1ST AS THE LAUNCH DATE FOR THE UDC, THERE WERE A NUMBER OF INDIVIDUALS CAME UP VERY CONCERNED ABOUT A USE CHANGE ACROSS THE STREET FROM OR IN THEIR NEIGHBORHOOD.

AND THIS VERTICAL HEIGHT, 75FT, IN FACT, IS IMPACTED BY THAT.

[00:30:05]

AND THERE THEY WILL NOT HAVE ANYTHING TO SAY ABOUT IT.

IT'S AS OF RIGHT NOW, I DON'T WANT TO SQUASH DEVELOPMENT.

I'M PRO DEVELOPMENT. BUT IT NEEDS TO BE THE RIGHT KIND OF DEVELOPMENT IN A VERY SPECIFIC PLACE TUNED TO THAT NEIGHBORHOOD.

SO THEY'RE GOING TO BE GOOD NEIGHBORS, JUST LIKE THE NEIGHBORS THAT HAVE BEEN THERE FOR MANY, MANY YEARS.

SO SINCE I SUBMITTED A MODIFICATION OR ADJUSTMENT, I'M SPEAKING IN FAVOR OF MY ATTEMPT AT THAT THAT LANGUAGE AND WHATEVER, AND BE GLAD TO SPEAK OR ADDRESS ANY QUESTIONS THAT YOU MAY HAVE.

WE'RE JUST AT THIS TIME DOING THE PUBLIC HEARING, MR. CHAIR. THANK YOU.

OH, THANK YOU.

COUNCIL, MAYOR AND COUNCIL.

MY NAME IS NATALIE MILLER.

1817 EAST HARVARD STREET.

SO I'M IN FAVOR OF THE 400FT NOTICE FOR OBVIOUS REASONS AND THE COMMUNITY THAT I RESIDE IN.

OFTENTIMES THE INDUSTRY THAT'S COMING INTO OUR COMMUNITY WERE NOT MADE AWARE THAT THEY'RE THERE.

SO WE'RE NOT GIVING THE OPPORTUNITY TO SAY WHETHER OR NOT WE WOULD APPRECIATE THEM BEING THERE OR NOT.

SO I'M IN FAVOR OF THAT. AND ALSO FOR THE BUFFER YARD AND LANDSCAPING, OF COURSE, I DON'T THINK IT'S ENOUGH, BUT I AM IN FAVOR OF THAT.

THANK YOU. SHE COULDN'T SAY.

NO. SO INSTEAD.

SHE. OKAY.

GOOD AFTERNOON, CITY COUNCIL MEMBERS, MAYOR PLANNING AND ZONING COMMISSION.

MY NAME IS RICHARD MURPHY.

I LIVE AT 2911 20TH STREET AND I HAVE JUST A JUST A HANDFUL OF SLIDES TO WALK THROUGH A PROPOSED AMENDMENT THAT I SUBMITTED.

IT RELATES, I THINK I COULD SAY TO MR. FOX CONCERNS ABOUT THE 75-FOOT-TALL ALLOWANCE IN THE HDR ZONE.

FOR JUST A LITTLE BIT OF CONTEXT, THE HDR IS CONSTITUENT ZONES FROM THE OLD CODE INCLUDE A2R3 WHICH WERE LIMITED TO THREE STORIES AND 40FT AND A 40% LOT COVERAGE PERCENTAGE.

AN APARTMENT MEDICAL THREE STORIES, 40FT, 40%.

I MEAN, THESE ARE DEFAULTS. THEY COULD HAVE ADJUSTMENTS IN THE CODE, OF COURSE.

AND THEN TWO VERY DIFFERENT ZONES, A THREE HIGH RISE APARTMENT, 100FT, 40% AND COMMERCIAL APARTMENT.

AND I DON'T THINK THERE'S A LOT OF COMMERCIAL APARTMENT ZONING IN THE CITY RIGHT NOW, BUT NO HEIGHT LIMIT AND NO COVERAGE LIMIT.

ALL RIGHT. SO THOSE ARE THE CONSTITUENT ZONES OF THE HDR.

NOW, A KIND OF INTERESTING THING, ALMOST A SIDEBAR, IF YOU'LL FORGIVE ME, IS IF YOU LOOK ON THE INTERNET, YOU'LL FIND THIS CHART FROM AN EARLIER STAGE OF THE UDC PROCESS. AND IT'S SMALL PRINT, BUT THE BOTTOM AT THE BOTTOM IT HAS A CATEGORY OF URBAN RESIDENTIAL, AND THAT CATEGORY DISTINGUISHES BETWEEN MIXED USE AND PLANNED USES.

AND YOU CAN THE UPSHOT HERE IS THAT AN EARLIER STAGE OF THE UDC PROCESS, THE UDC CONTEMPLATED OR APPARENTLY PEOPLE WERE CONTEMPLATING TREATING A 2 OR 3 VERY DIFFERENTLY THAN COMMERCIAL APARTMENT AND HIGH-RISE APARTMENT.

WELL, THAT DISTINCTION AT SOME POINT IN THE PROCESS COLLAPSED AND THEY ALL WOUND UP IN HDR.

NOW, AS HAS ALREADY BEEN POINTED OUT, SO I'LL BE VERY BRIEF.

HDR HAS SEVEN DIFFERENT STANDARDS ACROSS THREE SUBDIVISIONS, SIX OF THOSE SEVEN LOOK A LOT ALIKE AND FRANKLY LOOK A LOT LIKE MDR.

UNDER MDR, YOU CAN DO ESSENTIALLY THE WELL, MANY OF THE SAME THINGS.

SIMILAR HEIGHT LIMITS APPLY IN MDR.

SO 45 FOOT LIMITS AND SUBSTANTIAL LIMITS ON PERCENTAGE OF COVERAGE EXCEPT IN VERTICAL MIXED USE.

AND A THING TO FLAG ABOUT VERTICAL MIXED USE IS NOT ONLY DOES IT HAVE THE 75 FOOT LIMIT, NOT ONLY DOES IT HAVE NO PERCENTAGE COVERAGE LIMIT, IT'S ALSO UNDEFINED.

MIXED USE IS A HIGHLY REGULATED FORM.

IF YOU'RE LOOKING AT BASE MIXED USE DISTRICTS.

BUT THAT THOSE DEFINITIONS, THOSE REGULATIONS DO NOT APPLY IN RESIDENTIAL DISTRICTS.

SO ESSENTIALLY MIXED USE IS UNDEFINED.

ALL RIGHT. WELL, WHERE DOES THAT LEAVE US? ALL RIGHT. SO HERE'S A SCREENSHOT OF, WELL, THE SUBSTANTIAL PORTION OF THE CURRENT ZONING MAP.

AND THE COLORS DIDN'T COME OUT QUITE LIKE I EXPECTED ON THIS VERSION.

YOU'LL FORGIVE ME, BY THE WAY, FOR THE MASK.

I FOUND OUT I WAS EXPOSED LAST NIGHT, SO I'M JUST TRYING TO BE GOOD.

[00:35:01]

EVERYTHING. BLUE, GREEN, BRIGHT GREEN.

DARK BROWN.

LET'S SEE. THERE WAS ONE OTHER COLOR.

ALL OF IT IS NOW ZONED FOR 75-FOOT-TALL BUILDINGS UNDER THE UDC.

SWITCHING TO A SCREENSHOT OF THE UDC ITSELF, EVERYTHING DARK GREEN HAS BEEN ZONED FOR 75-FOOT-TALL BUILDING AND IF THAT'S WHAT THE CITY COUNCIL WANTS, ALL RIGHT, THAT'S WHAT CITY COUNCIL WANTS.

BUT, YOU KNOW, IF WE LOOK THROUGH THE MAP A LITTLE MORE CLOSELY, WE'LL FIND THAT THAT DARK GREEN IS SCATTERED AMONGST RESIDENTIAL NEIGHBORHOODS. RIGHT.

THIS IS THE NEIGHBORHOOD SHOWING WELL, THE AM DISTRICT NEAR COVENANT, PARTS OF TECH TERRORIST.

AND IF YOU LOOK CLOSELY AND YOU'LL SEE WHERE DARK GREEN IS OCCUPYING THE SAME BLOCK AS YELLOW.

AND IF YOU LOOK AROUND THE CITY, YOU'LL FIND MORE EXAMPLES OF THAT.

ALL RIGHT. SO WE WERE TALKING ABOUT THIS MEMBERS OF THE NEIGHBORHOOD.

WHAT TO SUGGEST? WELL, MAYBE WE THOUGHT THE THING TO HAVE DONE, IN OUR VIEW, WOULD HAVE BEEN FOR THE A&M DISTRICTS, THE R-2, R-3 DISTRICTS THAT HAD BEEN LIMITED TO 40FT.

MAYBE THEY SHOULD HAVE JUST GONE INTO MDR.

AND BECAUSE I'M TERRIBLE AT THIS AND I NEGOTIATE WITH MYSELF, BOY, THAT SURE SEEMS LIKE A BIG ASK AT THIS POINT.

MAYBE THERE'S SOMETHING MORE TARGETED THAT CAN GET THE EFFECT THAT WE WANT.

AND SO WE TRIED TO COME UP WITH SOMETHING LIKE THAT.

AND BASICALLY, THE PROPOSAL WE CAME UP WITH WAS TO TRY TO LIMIT 75-FOOT-TALL BUILDINGS IN RESIDENTIAL NEIGHBORHOODS.

NOW, MS. SAGER HAS POINTED OUT VARIOUS LIMITS WITHIN THE ORDINANCE THAT WITHIN THE UDC THAT THAT COULD HELP TAKE CARE OF THIS PROBLEM.

SETBACK REQUIREMENTS, ALSO REQUIREMENT THAT YOU CAN'T MIX AND MATCH BUILDING TYPES, BUT THAT PROVISION AGAINST MIXING AND MATCHING BUILDING TYPES THAT APPLIES TO A BLOCK FACE. IT DOESN'T APPLY TO A BLOCK.

SO, BEARING ALL THAT IN MIND.

OH, ALL RIGHT.

SO, I THINK THIS IS 49TH STREET WITHOUT A SEVEN-STORY BUILDING.

AND HERE'S 49TH STREET WITH A SEVEN-STORY BUILDING.

I GUESS IT WAS LATE.

HERE'S OUR PROPOSAL.

SO THAT AND THIS WAS SUBMITTED TO THE CITY EARLIER.

SO WITHIN THE THE HDR ZONE, THERE WOULD BE A KIND OF QUALIFICATION OR PROVISO, AND IT'S THERE IN THE UNDERLYING LANGUAGE.

LIMIT ON VERTICAL MIXED USE IN RESIDENTIAL NEIGHBORHOODS BARRING VERTICAL MIXED USE IS RADICALLY DIFFERENT THAN THE OTHER STANDARDS OF HDR, AND THAT MIXED USE IS UNDEFINED FOR PURPOSES OF RESIDENTIAL DISTRICTS.

THE STANDARD FOR VERTICAL MIXED USE AND THE MIXED USE SUBDIVISION SHALL NOT APPLY ON A BLOCK CONTAINING ONE OR MORE LOTS ZONED ESSENTIALLY LOW DENSITY RESIDENTIAL.

THANK YOU VERY MUCH FOR YOUR TIME.

APPRECIATE IT VERY MUCH.

AND THANK YOU ALL.

THANK YOU, MR. MURPHY.

HONORABLE MAYOR AND HONORABLE MEMBERS OF CITY COUNCIL.

I'M HOLLY HUMPHRIES.

I LIVE AT 3008 26 STREET IN THE TECH TERRACE NEIGHBORHOOD, AND I WOULD LIKE TO SUPPORT THE PROPOSED AMENDMENT NUMBER SEVEN, WHICH IS 3910.002. THIS WOULD RESTORE THE 1983 DEFINITION OF A FAMILY BACK TO NO MORE THAN TWO UNRELATED PEOPLE. THE REASONS FOR THIS ARE LONG.

I DO NOT WISH TO TAKE UP YOUR TIME NOW WITH CITING THOSE REASONS.

I DID SEND FORWARD AN EMAIL LETTER WITH THE LETTER ATTACHED, KNOWING THAT I NEEDED TO PRESERVE YOUR TIME.

THIS IS GOING TO BE A LONG PROCESS, BUT THE REASONS FOR THIS ARE SAFETY, BASICALLY.

AND I WANTED TO JUST NOTE THAT REMOVING THAT CAP OF NO MORE THAN TWO UNRELATED PEOPLE DOES NOT GIVE THE RESIDENTS NEARBY OR OUR LAW ENFORCEMENT OFFICIALS OR CODES A WAY OR A LEVERAGE TO TRY TO MAKE SURE THAT HOMES THAT HAVE UNRELATED PEOPLE DO, IN FACT BEAR SCRUTINY.

FOR EXAMPLE. AND I STOPPED BY TO TALK TO THE INDIVIDUALS ABOUT THIS CASE.

IN 2020, MULTIPLE UNRELATED RENTERS LIVED AT 3101 21ST STREET.

THEY HAD BECOME A NUISANCE TO THEIR NEARBY NEIGHBORS TO INCLUDE DAILY AND NIGHTLY INTOXICATION, PUBLIC NUDITY, TO INCLUDE URINATING IN THE YARD, SCREAMING OBSCENITIES 24 OVER SEVEN FROM THE BACK PORCH, THROWING GARBAGE OVER THE FENCE, AND TO THE NEIGHBORS NEARBY YARDS AND PARKING MULTIPLE VEHICLES UP AND DOWN THAT STREET IN DEFIANCE OF PARKING CONTROLS.

THE SOLUTION WAS THAT DISTRICT THREE CITY COUNCILMAN JEFF GRIFFITH, IN CONCERT WITH MAYOR DAN POPE, WERE ABLE TO INVOKE THE TITLE TO

[00:40:07]

RESTRICTION THAT DEFINED FAMILY AS ALLOWING NO MORE THAN TWO UNRELATED PEOPLE IN A HOME IN ORDER TO USE THAT LEVERAGE TO EVICT THE OVER THE NUMBER RENTERS IN THAT PROPERTY, RESTORING THEREFORE THE PEACE TO THE NEIGHBORHOOD.

BUT THAT'S JUST ONE EXAMPLE.

THANK YOU FOR YOUR TIME.

THANK YOU, MISS HUMPHRIES.

GOOD AFTERNOON. COUNCIL ZONING COMMISSION.

I AM ADAM HERNANDEZ.

7401 AVENUE X.

I AM ALSO THE COMMUNICATIONS CHAIR ON THE BOARD OF LUBBOCK COMPACT AND I WOULD LIKE TO GIVE OUR OFFICIAL APPROVAL OF TWO OF THESE AMENDMENTS.

WE WILL ALSO HAVE SOME OPPOSITIONS AS WELL.

BUT ARE THE THINGS WE DO APPROVE OF ARE THE PUBLIC NOTICE? WE HAVE BEEN UP HERE MANY TIMES AND PROBABLY WILL HAVE TO CONTINUE TALKING ABOUT HOW WE WOULD LIKE MORE ACCESS FOR THE CITIZENS TO POLITICAL PROCESSES AND NOT LESS.

I WILL JUST LET THOSE WHO ARE NOT AWARE KNOW THAT THIS DOES NOT CONFLICT WITH STATE LAW.

WE STILL ARE UNDER HOME RULE LAWS, AND THE TEXAS REGULATORY CONSISTENCY ACT HAS CHANGED NOTHING IN REGARDS TO THIS PARTICULAR RULE.

SO WE'LL BE GOOD THERE.

BUT I WOULD LIKE TO SAY THAT WE DO OFFICIALLY APPROVE OF MORE NOTICE AND NOT LESS.

THE OTHER THING THAT WE WOULD LIKE TO OFFICIALLY APPROVE OF IS IN LIEU OF ANY SORT OF ZONING CHANGES TO PROTECT NEIGHBORHOODS FROM INDUSTRIAL SITES THAT CURRENTLY STAND, WE WOULD LIKE TO STAND UP AND TRY TO PROTECT THOSE THAT MAY BE COMING DOWN THE LINE EVEN IF WE DON'T LIVE THERE.

AND SO FOR THAT REASON, WE ARE VERY MUCH IN APPROVAL OF THE BUFFER YARD LANDSCAPING RULES.

AND THAT'S ALL I HAVE FOR NOW.

THANKS. THANK YOU, MR. HERNANDEZ. HERE'S THE CONFUSED LADY AGAIN.

3118 20TH STREET.

CINDY PARADIS.

I WANT TO SPEAK IN APPROVAL OF AN AMENDMENT THAT WE PRESENTED THAT RICHARD MURPHY JUST PRESENTED.

UM, ONE OF THE REASONS WHY THAT EVEN CAME FORWARD WAS THE BROAD BRUSH WITH WHICH THE ZONING CHANGES WERE MADE.

IF I UNDERSTAND RIGHT, THE CITY HAS RECEIVED A GRANT TO TRY TO GO IN AND FIX A LOT OF THESE PROBLEMS, BUT THE CONCERN WAS THAT THERE WERE A FEW OF THOSE THAT NEEDED AN IMMEDIATE FIX IN ORDER TO BE SURE THAT IT'S A BAND-AID.

IT'S A SIMPLE FIX.

AND ONE OF THE REASONS WHY I SUPPORT THE ONE THAT WAS PRESENTED BY MR. MURPHY IS IT SEEMS LIKE A VERY CLEAR, CLEAN CUT FIX.

SO I DO WANT TO SAY THAT THAT I AM APPROVING APPROVING OF THAT.

I'VE HAD SEVERAL CITIZENS ASK ME IF WE HAVEN'T MADE AN AMENDMENT, WE'RE CONCERNED ABOUT SOMETHING.

CAN AMENDMENTS COME FROM THE FLOOR TODAY? YES. OKAY.

THAT WOULD BE. WAS THAT YOU? IF YOU'LL HOLD OFF ANSWERING FOR THE CHAIR.

YES, IF YOU WILL.

IF YOU HAVE THAT WRITTEN DOWN OR THOSE THAT WERE.

OKAY. SO WHOEVER'S WANTING TO DO IT, THEY NEED TO HAVE IT WRITTEN AND HAND IT TO THE CITY ATTORNEY.

OKAY, GREAT. I JUST I THINK MR. FALK MENTIONED THAT, AND I THINK WE ALREADY HAVE THE ONE FROM MR. MURPHY AND. OKAY.

OKAY, GREAT. I JUST KNEW THERE WERE SOME THAT PEOPLE HAD ASKED ME ABOUT TODAY AND THEY SAID, IS IT TOO LATE FOR AN AMENDMENT? AND I SAID, I THINK YOU CAN PRESENT FROM THE FLOOR, BUT I WAS GIVING AN EDUCATED ADVICE.

WE JUST NEED TO MAKE SURE THEY'RE WRITTEN AND HANDED TO MISTER, WRITTEN AND HANDED TO HIM.

OKAY. AND THEN THE LAST QUESTION CONCERNING THESE AMENDMENTS, IT APPEARS FROM THE TIMELINE THAT THERE WILL BE AT LEAST A TWO WEEK GAP FROM THE OCTOBER 1ST ADOPTION AND THE POTENTIAL ADOPTION OF ANY OF THESE AMENDMENTS THAT END UP GETTING PASSED THROUGH THE FIRST AND SECOND READINGS.

IS THERE ANY CONCERN OR ADDRESS BETWEEN A GAP ON THE UDC BEING IN PLACE AS OF OCTOBER THE 1ST, AND ANY AMENDMENTS THAT ARE PASSED BY YOU GUYS AS PERHAPS OCTOBER THE 15TH? I DON'T REMEMBER THE CALENDAR, BUT THE TIMELINE IS SUCH THAT THE AMENDMENTS WILL NOT BE ADOPTED UNTIL AFTER THE UDC GOES INTO PLACE.

SO SO MY QUESTION IS WHAT HAPPENS DURING THAT GAP WHEN THE UDC IS IN PLACE? THIS WAY, WITHOUT THE AMENDMENTS, THE UDC GOES INTO EFFECT ON THE FIRST.

OKAY. SO ANYTHING THAT'S THAT'S LET ME SAY THIS.

I MAY BE ABLE TO GET SOME CLARIFICATION FROM MR. WEAVER, CINDY, BUT I WANT TO GO INTO QUESTIONS RIGHT NOW.

OKAY. I JUST WANT BECAUSE SOME OF THE QUESTIONS PEOPLE ARE ASKING ME ARE, IS IT TOO LATE? AND I'M JUST LIKE, I KNOW THE TIMELINE AND THE TIMELINE COULD BE SUCH THAT MAYBE IT IS SO.

THANK YOU. YES, MA'AM.

AND AGAIN, WHEN YOU COME FORWARD SPEAKING YOUR NAME AND ADDRESS, WOULD YOU CLARIFY WHICH AMENDMENT YOU ARE SPEAKING TO?

[00:45:05]

I KNOW WE'VE HAD SOME THAT HAVE DONE A GOOD JOB OF THAT, BUT JUST FOR CLARIFICATION PURPOSES.

GOOD AFTERNOON. I'M TONYA HAGEE VALDENE 1704 AVENUE X, AND I'M SORRY I AM NEW TO THIS PROCESS.

I'M LEARNING AS I GO. SO IF I SOUND LIKE AN IDIOT, FORGIVE ME AHEAD OF TIME.

I AM UNDER THE UNDERSTANDING THAT THERE WAS AN AMENDMENT SUBMITTED THAT ADDRESSES PARKING FOR A THREE.

DOES ANYONE KNOW IF THAT WAS RECEIVED? AND IF I CAN SPEAK TO THAT.

THERE HAS BEEN SOME DISCUSSION REGARDING PARKING IN THE A3 DISTRICT.

I DID SEE SOMETHING COME FROM MISS JOY EARLIER TODAY.

MR. ATKINSON. THANK YOU, MAYOR.

CHRISTIAN. I BELIEVE, MISS CRITES, WE DO HAVE A PRESENTATION FROM MISS CRITES, WHICH INCLUDES THE PARKING.

YES. QUESTIONS? YES.

COUNCIL HAS NOT SEEN THAT YEAR YET.

MAYOR, YOU HAVE NOT CALLED FOR NEW FROM THE FLOOR YET? I CAN BRING IT UP IF YOU WOULD LIKE FOR ME TO.

I THINK THIS WOULD PROBABLY BE AN APPROPRIATE TIME TO SAY IF ANYONE HAS A PROPOSED AMENDMENT, THERE WILL BE A PROPONENT OF THAT.

SO THEY COULD STEP FORWARD NOW AND THAT MAY ADDRESS YOUR ISSUE.

TANYA, WHEN SHE SPEAKS, YOU COULD CERTAINLY COME BACK UP.

OKAY. MARY WAS NOT ABLE TO BE HERE, SO I THINK SHE WAS HOPING I COULD TAKE THE LEAD.

BUT ABSOLUTELY. YOU WANT TO GO AHEAD AND PULL THAT UP AT THIS TIME? OKAY. MAYBE.

AND DON'T WORRY, TANYA, ABOUT NOT KNOWING WHAT YOU'RE DOING.

THAT'S ME. HALF THE TIME, THAT MAKES ME FEEL BETTER.

THAT'S EXACTLY WHAT I WANTED TO PULL UP.

OKAY, SO I BELIEVE THE AMENDMENT THAT HAS BEEN SUBMITTED IS TO GO BACK AND NOT CHANGE THE PARKING RATIO ON A3, NOT BRING IT DOWN SO DRAMATICALLY.

AND I'M SORRY, I AM READING EMAILS FROM MY PHONE, SO BEAR WITH ME.

HAVING JUST BEEN THROUGH THIS PARKING AND LACK OF PARKING IS AN UTMOST CONCERN TO THOSE OF US IN NEIGHBORHOODS THAT ARE VULNERABLE TO DEVELOPMENT AROUND THE TEXAS TECH AREA. I FEEL LIKE IF WE GO TO THE PROPOSED CHANGE IN THE UDC AND LET THAT GENIE OUT OF THE BOTTLE AND END UP WITH CLOGGED PARKING, LACK OF PARKING, NO PARKING WILL NEVER BE ABLE TO GO BACK AND PUT THAT GENIE BACK IN THE BOTTLE. SO, I BELIEVE THE AMENDMENT THAT I'M SPEAKING IN FAVOR OF THAT HAS BEEN PROPOSED IS TO, AT THE VERY LEAST, KEEP THE PARKING RATIOS FOR A3 AS THEY ARE RIGHT NOW.

AND I THINK WITHOUT MUDDYING THE WATERS TOO MUCH MORE, THERE WAS SOME LANGUAGE ABOUT DORMITORIES VERSUS STUDENT HOUSING.

BUT I DON'T WANT TO I DON'T WANT TO CONFLATE THAT RIGHT NOW.

OKAY. THAT'S THAT'S GOOD, TANYA.

THANK YOU. CHAD, LET'S GO AHEAD AND REFER COUNCIL.

LET'S GO AHEAD AND REFER TO THIS AS NUMBER 13 OUT OF 12.

I THINK THAT WILL MOVE US TO UNDERSTANDING THAT WE CAN TAKE THAT LANGUAGE AND LOOK TO CLARIFY THAT.

OKAY. IF WE COULD TAKE, I DON'T KNOW IF IT'S A MIXTURE BETWEEN MR. FALK, MR. MURPHY'S AND REFER TO THAT AS NUMBER 14.

AND I THINK THOSE ARE THE ONLY TWO THAT HAVE BEEN PRESENTED TO THIS POINT.

SO, WE COULD REFER TO THE PARKING AMENDMENT FROM MISS CRITES AS 13 AND THEN THE ONE PROPOSED BY TECH TERRORISTS AS 14.

OKAY. OKAY. SO THAT DOES THE JOB.

YES, MA'AM. TAKE THAT AS A WIN.

THANK YOU, MR. MAYOR. I DO HAVE A MOTION TO AMEND, AND I BELIEVE IT'S BEEN DISTRIBUTED AT THE DAIS.

AND SO.

OKAY. MISS, MISS, MISS JOY, LET'S.

LET'S GO AHEAD AND FINISH UP OUR HEARING WITH THOSE IN THE THAT ARE HERE TO PRESENT, AND THEN WE'LL LOOK AND SEE WHAT WE NEED TO ADD TO THE END.

CAN YOU DO ANYTHING ABOUT IT? OKAY.

OKAY. GOOD AFTERNOON, EVERYONE.

MY NAME IS MARK MCCLENDON.

I LIVE AT 4602 16TH STREET.

COME BEFORE YOU TODAY WITH A PROPOSED AMENDMENT REGARDING REMAINING ISSUES WITH ZONING DOWNTOWN.

JUST DISTRIBUTED COPIES OF THE WRITTEN VERSION OF THAT, BOTH TO P AND Z AND TO COUNSEL AND TO LEGAL COUNSEL.

[00:50:02]

SO A QUICK BIT OF CONTEXT.

AND TANYA, I HAVE DONE THIS BEFORE, BUT IF I SOUND LIKE AN IDIOT, I WANT JUST AS MUCH GRACE.

OKAY. OKAY.

THROUGH THE UDC, WE CREATED MIXED USE ZONING DISTRICTS.

DOWNTOWN, WE CREATED SIX OF THEM FOLLOWING THE SIX DISTRICTS THAT WERE BAKED INTO OUR OWN CODE.

OLD CODE AND SIMPLY FOLLOWED THE BORDERS OF THOSE.

YOU KNOW, I TRIED SEVERAL TIMES TO GIVE SHAREHOLDER INPUT, STAKEHOLDER INPUT, TO SAY THAT I THOUGHT THAT WAS OVERLY COMPLEX AND THAT THERE WERE OTHER REASONS NOT TO DO THAT.

BUT THOSE REQUESTS WEREN'T TAKEN.

WHAT WE'RE LEFT WITH, AND I'LL BE TALKING ABOUT MU TWO THROUGH MU SIX, WHAT WE'RE LEFT WITH IS SORT OF AN UNUSABLE SITUATION IN REGARD TO ZONING DOWNTOWN THAT I THINK COULD BE STREAMLINED, I THINK COULD BE MADE BETTER.

SO, THE ISSUE LET'S START.

SO, THERE'S THREE ISSUES I WANT TO TALK THROUGH, AND I'VE GOT A SOLUTION FOR EACH.

THE FIRST IS THAT THE DISTRICTS THAT WERE CREATED THROUGH THE THROUGH THE UDC CREATES DISTRICTS DOWNTOWN WITHOUT ANY DISTINCTIONS BETWEEN THEM.

THEY'RE JUST TAKING ONE AND GIVING IT ANOTHER NAME AND MOVING IT OVER AND ITS PHYSICAL ATTRIBUTES FROM ONE TO THE OTHER.

THERE ARE AREAS THAT WERE IMPOSED AN MU DISTRICT BECAUSE OF THEIR DISTRICT THAT WOULD BE BETTER SUITED TO A DIFFERENT MU DISTRICT AND IN PARTICULAR BROADWAY CB2 STRETCHES ALL THE WAY PAST 19TH STREET TO THE SOUTH AND IT STRETCHES ALMOST TO THE ARTS DISTRICT, TO THE NORTH.

AND THE DESIGN CHARACTERISTICS THAT WE GAVE FOR IT WERE A VERY INTENSE 90% FRONTAGE COVERAGE, VERY TALL, ALL THOSE SORTS OF THINGS WITH A WITH A A NOD TOWARDS THE DOWNTOWN MASTER PLAN UPDATE TO TO MAKE BROADWAY MORE OF A DOWNTOWN CITY STREET. BUT SOME OF THOSE AREAS NORTH AND SOUTH COULD BE LESS INTENSE AND I THINK PROBABLY HAVE A BETTER CHANCE OF BEING REDEVELOPED IF THEY ARE LESS INTENSE.

THE LAST PROBLEM IS THAT THERE ARE CHUNKS OF DOWNTOWN THAT WERE NEVER PUT INTO A ZONE AND THEREFORE WERE NEVER PUT INTO AN MU ZONE.

THERE'S DISTRICTS, THERE'S PORTIONS OF DOWNTOWN WITHIN THE CBD TIF ZONE THAT ARE HCR I.H.S.

AND THEY OUGHT TO BE DISTRICTS.

SO MY PROPOSAL IS IN THREE PARTS AND YOU'VE GOT IT IN FRONT OF YOU.

IT'S FAIRLY SIMPLE.

AND WHAT I'VE TRIED TO DO IS SHOW YOU MY FIRST POINT, WHICH IS IF YOU'LL IF YOU'LL LOOK AT THE CHART ON PAGE TWO, I INVENTORIED THE PHYSICAL ATTRIBUTES OF THE MIXED USE DISTRICTS DOWNTOWN.

AND THE THING THAT I HOPE WILL JUMP OUT FOR FOR YOU.

AND IF NOT, I PUT IT IN BOLD SO THAT YOU CAN SEE THERE IS NO DISTRICT BETWEEN MU FOUR AND SIX.

THERE IS NO PHYSICAL CHARACTERISTIC DIFFERENCE BETWEEN THE TWO AND THOSE TWO ZONES VARY FROM MU THREE, WHICH IS THE CATCH ALL SORT OF GENERAL DOWNTOWN ZONING DISTRICT BY ONE MEASUREMENT RELATED TO MAXIMUM FRONT SETBACK.

SO MY FIRST PROPOSAL THEN WOULD BE TO RE DESIGNATE EVERYTHING ZONED MU FOUR AND MU SIX AS MU THREE WITH THE FOLLOWING PROVISOS. AND I'VE TOLD YOU EXACTLY WHERE ON THE TABLES AND WHERE IN THE SECTIONS, AND ALL OF THOSE HOW TO HOW TO IMPLEMENT AND IMPLEMENT THAT CHANGE AND HOW TO DO THAT.

THE CHANGE WOULD BE THAT WE MAKE THE MAXIMUM MAXIMUM FRONT BUILD TO ZONE TEN FEET AND THEN IN A SINGLE FAMILY SITUATION, MAKE THAT 25FT SO THAT YOU CAN HAVE FRONT STOOPS, FRONT PORCHES, FRONT YARDS AND ALL OF THOSE SORTS OF THINGS.

AND THEN ALSO SAY THAT IN ANY BLOCK WHERE YOU HAVE A SINGLE FAMILY RESIDENCE IN THE MIXED USE DISTRICT MU THREE, YOU MAY ONLY HAVE SINGLE FAMILY RESIDENCES IN THAT BLOCK.

THE LAST CHANGE RELATES TO PACKAGE STORES.

I JUST WANT TO MAKE SURE THAT WE DON'T GET PACKAGE STORES CLOSER TO USES THAT ARE INTENDED BY THE TABC, SO WE'LL MAKE THAT A LIMITED USE AS WELL AND MAKE SURE THAT YOU MEET TABC REQUIREMENTS, BUT NOT LESS THAN 300FT OF SPACING.

THAT GETS RID OF TWO ZONES THAT DON'T DIFFER IN ANY WAY FROM THE OTHERS AND HARMONIZES IT WITH WTH THE LAST ZONE AS FAR AS THE PERMITTED USE TABLES.

THE SECOND CHANGE IS TO DESIGNATE EVERYTHING NORTH OF 10TH STREET THAT IS CURRENTLY MU TWO CURRENTLY IS MU THREE.

JUST PUT IT INTO THE GENERAL LESS INTENSE ZONE.

SIMILARLY, EVERYTHING SOUTH OF 13TH STREET AND WEST OF TEXAS AVENUE SHOULD BE IN MU THREE.

AND I'VE SHOWN YOU THERE WHERE TO CHANGE THOSE TABLES AND WHAT THOSE TABLES SHOULD READ AS A RESULT.

THE LAST. THERE'S AN EXISTING VESTIGE OF DOWNTOWN.

[00:55:04]

THERE'S SOME POCKETS THAT YOU'LL SEE ALONG THE EASTERN EDGE OF THE CBD ZONE.

I WOULD PROPOSE THAT YOU'RE DESIGNATE ANYTHING ZONED HC INSIDE OF THE CBD TIF ZONE AS MU THREE NOTE BECAUSE THAT'S. THERE ARE USES OVER THERE THAT MIGHT NOT MEET THE MU THREE USE CRITERIA.

NOTE THAT WE HAVE ALREADY GOT A GRANDFATHERING CLAUSE IN SUBSECTION 39 01010.

SO, MY UNDERSTANDING AND WHAT I THINK IS THE CORRECT INTERPRETATION OF THAT GRANDFATHERING CLAUSE IS IF YOU HAVE A GRANDFATHERED USE, SO LONG AS YOU CONTINUE TO USE THAT USE AND YOU DON'T LET IT GO FALLOW UPON A TRANSFER, YOU CONTINUE TO ENJOY THAT USE.

BUT AT THE SUNSETTING OF THAT GRANDFATHERING YOU WILL BE MU THREE AND LOOK LIKE THE FABRIC OF THE REMAINDER OF DOWNTOWN.

SO THAT IS MY PROPOSAL IN THE BOX AT THE BOTTOM OF PAGE FOUR.

IT SHOWS YOU WHAT AS A RESULT, THE FINAL VERSION OF THE FORMER ZONING DISTRICT COLUMN FOR MU THREE SHOULD READ.

SO IT INCORPORATES ALL OF THOSE CHANGES TOGETHER.

AND AS A RESULT OF THOSE THREE EASY FIXES, WE HAVE DISTRICTS THAT HAVE DIFFERENCES.

WE HAVE INTENSE USES ALONG THE MAIN THOROUGHFARE OF DOWNTOWN AND WE HAVE DEALT WITH VESTIGIAL ZONING IN DOWNTOWN AND WE CAN HARMONIZE ACROSS THE CBD TIFF ZONE INTO THOSE FOUR ZONES INSTEAD OF SIX.

OKAY. THANK YOU.

THANK YOU, MR. MCCLENDON.

OH. GOOD AFTERNOON, MEMBERS OF THE COUNCIL AND PLANNING AND ZONING.

I AM NOT.

MY NAME IS ZORA CORTEZ.

I LIVE AT 217 NORTH AVENUE.

I REPRESENT THE NORTH AND EAST LUBBOCK COALITION.

I WAS NOT AWARE THAT WHEN WE CAME UP AND SPOKE THAT WE WERE NEEDING TO MAKE THESE CHANGES AS AMENDMENTS.

OR SO I AM RECOMMENDING, IF YOU WILL LET ME SPEAK TO THEM.

I AM RECOMMENDING THEM AS AMENDMENTS.

IF YOU WANT TO GO AHEAD AND MOVE FORWARD WITH YOUR PRESENTATION, WE WILL THEN SEE IF WE CAN HELP ADDRESS THAT.

DOES THAT SOUND GOOD? THAT SOUNDS GOOD.

THANK YOU, MAYOR.

WE ARE PROPOSING THAT THE ABANDONMENT ORDINANCE FOR NONCONFORMING USE, WHICH WAS APPROVED FOR 12 MONTHS TO BE RECONSIDERED AND CHANGED TO SIX MONTHS.

THESE BUILDINGS LOCATED IN OUR NEIGHBORHOODS ARE UNSAFE AND UNSIGHTLY.

WE ALSO RECOMMEND THAT THE CITY SET ASIDE SUFFICIENT FUNDING TO IMPROVE OR REMOVE ABANDONED AND BLIGHTED STRUCTURES ON THE INDUSTRIAL LAND AND THE CITY, REZONE IT TO SOMETHING SUITABLE TO OUR COMMUNITIES.

ALSO DOWN ZONED CURRENTLY VACANT, ABANDONED OR NON-OPERATIONAL LIGHT, INDUSTRIAL AND GENERAL INDUSTRIAL IN THE UDC ZONING MAP WITHIN 500 YARDS OF RESIDENTIAL DEVELOPMENT.

ONE OF THESE PICTURES SHOWS PICO LOCATED ON 34TH AND AVENUE A.

THE PICTURE WAS TAKEN IN FRONT OF THE CARVER CHILD CARE CENTER.

YES, THAT IS CORRECT.

THE CARVER CHILD CARE CENTER CARE CENTER LOCATED ON 26TH AND ELM.

THE SECOND PICTURE IS A CONCRETE BATCH COMPANY THAT BORDERS MY NEIGHBORHOOD.

IT HAS BEEN CITED BY TCEQ FOR EMITTING TOO MUCH, EMITTING TOO MUCH POLLUTION.

THIS FACILITY IS NOT THE ONLY PLANT THAT IS NEXT TO OUR NEIGHBORHOOD.

AS I TYPE MY SPEECH, I COULD HEAR THE TRUCKS AT BEDROCK CRUSHING MOVING AROUND SOMETHING WE HEAR EVERY DAY.

WE ALSO RECOMMEND THAT YOU DOWN ZONE TRACKS THAT ARE ZONED LIGHT INDUSTRIAL AND GENERAL INDUSTRIAL IN THE UDC ZONING MAP THAT ARE NOT IDENTIFIED, THAT ARE NOT IDENTIFIED AS INDUSTRIAL IN THE 2040 FUTURE LAND USE MAP, FOR EXAMPLE.

WILBERT FUNERAL SERVICES ACROSS THE STREET FROM CAVAZOS MIDDLE SCHOOL IS NOT INDUSTRIAL IN THE 2040 FUTURE LAND USE MAP BUT IS ZONED INDUSTRIAL IN THE UDC ZONING MAP.

FURTHER, WE RECOMMEND THAT YOU ALLOCATE SUFFICIENT FUNDING TO COMPLY WITH SB 909, WHICH SAYS HOW A CITY MIGHT TERMINATE A NON-CONFORMING USE. WE WANT TO MAKE SURE THAT NONCONFORMING OR GRANDFATHERED INDUSTRIAL STRUCTURES AND OR FACILITIES COULD BE EVENTUALLY TERMINATED AND REMOVED FROM OUR NEIGHBORHOODS.

THE 2040 PLAN RECOMMENDED DOWN ZONING A CONSIDERABLE PORTION OF ANYONE ZONING TO COMMERCIAL IN SOUTH LUBBOCK AREA, THE VICINITY OF THE NEWLY CONSTRUCTED MCALESTER PARK.

THIS AREA HAS BEEN ZONED M ONE FOR DECADES, YET THAT PARCEL OF LAND HAS NEVER HAD THE SAME KIND OF HEAVY INDUSTRY THAT IS NEXT TO OUR NEIGHBORHOODS.

[01:00:01]

AND NOW THE CITY HAS ALLOCATED 1.5 MILLION IN AMERICAN RESCUE PLAN FUNDS TO BUILD A 1.8 MILLION PICKLEBALL PARK IN MCALESTER PARK.

THE 2040 PLAN, CALLED TO DISALLOW THE EXPANSION OF INDUSTRIAL ZONING IN NORTH AND EAST LUBBOCK.

YET WHEN LITA AS THE COUNCIL TO ANNEX AND REZONE TO M-2 ZONING, ALL THOSE ACRES OF LAND IN EAST LUBBOCK FOR THE LEPRINO CHEESE FACTORY.

THE COUNCIL UNANIMOUSLY VOTED FOR THE ZONING CHANGE, EVEN THOUGH IT CONTRADICTED THE 2040 PLAN NORTH AND EAST LUBBOCK RESIDENTS FEEL THAT BROKEN PROMISES IS WHAT WE GET INSTEAD OF DO WHAT YOU SAY.

MY FAMILY HAS CALLED NORTH LUBBOCK HOME FOR SIX GENERATIONS.

MY GRANDMOTHER HAD NO EDUCATION AND MY MOTHER HAD A THIRD GRADE EDUCATION.

THEY WERE BUSY RAISING A FAMILY AND DIDN'T HAVE THE TOOLS, THE POWER OR THE TIME TO FIGHT THE DECISIONS THAT WERE BEING MADE ABOUT THEIR NEIGHBORHOODS.

THAT RESPONSIBILITY, THAT RESPONSIBILITY NOW FALLS ON US.

AND WE NEED EACH ONE OF YOU TO CHAMPION FOR OUR NEIGHBORHOODS.

DO THE RIGHT THING.

I WOULD ASK AT THIS TIME ALL THOSE WHO ARE HERE TO SUPPORT OUR CAUSE TO PLEASE STAND.

THANK YOU VERY MUCH.

THANK YOU, MS. CORTEZ.

MR. MAYOR. COUNCIL.

MR. CHAIRMAN, PLANNING ZONING COMMISSION.

FORGIVE ME FOR COMING UP A SECOND TIME, BUT CINDY GOT A SECOND SHOT AT IT, SO I NEED TO I NEED SOME CLARIFICATION.

WHEN YOU COMBINED SOME OF THE THE THE THE THE AMENDMENT THAT CINDY WAS SPEAKING AND OTHER GENTLEMAN IN MIND.

CAN SOMEONE SHARE WITH ME WHAT THAT WHAT JUST HAPPENED? AND MY UNDERSTANDING IS ITEM NUMBER 14.

YOUR ITEM NUMBER 14.

MY UNDERSTANDING IS THERE IS A THERE IS A PROPOSED AMENDMENT FOR THE TECH TERRORISTS.

THE TECH TERRORISTS IS PRESENTED IN SOLIDARITY WITH ONE ANOTHER THAT IS IN FRONT OF US THAT WE'VE BEEN SENT.

OKAY. WELL, OBVIOUSLY, ARE YOU SAYING THAT YOU HAVE A SEPARATE AND DISTINCT AMENDMENT, HANDWRITTEN AMENDMENT THAT YOU WOULD LIKE, NOT HANDWRITTEN.

IT WAS AN EMAIL OR EMAIL.

YEAH. SO WOULD YOU LIKE TO BE THAT WOULD BE 14 AND YOU WOULD BE 16.

WHATEVER. MY CONCERN IS, I DON'T WANT TO SUPPORT THE 75 FOOT HEIGHT AND GET DOWN TO 45 BECAUSE THERE ARE OTHER HDR ZONES ELSEWHERE IN THE CITY.

IT MAY NOT BE APPROPRIATE IN THOSE ZONES EITHER.

THE HEIGHT LIMIT THAT I'M CONCERNED WITH, I THINK WHAT CINDY AND THE OTHER GENTLEMAN PROPOSED IS JUST PERFECTLY FINE.

I JUST DON'T WANT TO LOSE THAT ONE CAVEAT.

ALL RIGHT. THANK YOU, MR.. AND THEN ONE LAST COMMENT.

I THOUGHT I WAS SOMEWHAT AWARE OF THE FACT THAT THERE MAY BE A TWO WEEK GAP BETWEEN OCTOBER 1ST AND WHEN SOME OF THESE NEW AMENDMENTS ARE, IN FACT, ENFORCED.

IS IT POSSIBLE TO HAVE THEM RETROACTIVE BACK TO OCTOBER 1ST? BECAUSE IF SOMEONE SUBMITS, I'M GOING TO TAKE THAT UNDER CONSIDERATION AND ASK MR. WEAVER. BUT AT THIS TIME, WE'RE JUST IN A PUBLIC HEARING ON PROPOSED AMENDMENTS.

WELL, MY CONCERN, IF I MAY, IN THAT TWO WEEK PERIOD, SOMEONE CAN FILE AND NOW THE NEIGHBORHOOD'S GOING TO LIVE WITH THAT FOR 50 YEARS.

JUST A CONCERN.

THANK YOU.

ALL RIGHT. ANY OTHERS WISHING TO SPEAK IN FAVOR OF PROPOSED AMENDMENTS? OKAY. THANK YOU VERY MUCH. AT THIS TIME, WE'RE GOING TO TAKE ABOUT A.

GOOD AFTERNOON. I'M MARY VINES, 4002 16TH STREET.

I'D LIKE TO SPEAK, FIRST OF ALL, IN FAVOR OF MISTER MURPHY'S AMENDMENT.

AND THEN I.

WANT TO SUBMIT AN AMENDMENT THAT I HAVE WRITTEN VERY QUICKLY THAT I KNOW NEEDS REVISION.

BUT SINCE YOU HAVE ACCEPTED AN AMENDMENT THAT WAS NOT WRITTEN AT ALL, THEN I HOPE THAT YOU WILL ACCEPT THIS.

[01:05:02]

WHEN MR. MURPHY SPOKE, HE SEEMED SURPRISED THAT ONE OF THE MAPS THAT SHOWED UP WAS NOT THE MAP THAT HE HAD SEEN EARLIER.

AND I WHEN I WAS LOOKING TODAY AT THE UDC MAP, I DIDN'T SEE I SAW ONE MAP, BUT I DIDN'T SEE THE OTHER MAP THAT WAS WAS PROJECTED.

AND SO IF THERE IS A POSSIBILITY THAT BOTH OF THOSE MAPS COULD BE PROJECTED, I WOULD LIKE TO SEE THEM.

BEFORE I TELL YOU WHAT, WHAT I WOULD LIKE TO TO AMEND.

THIS IS THE CURRENT ZONING AND THIS IS THE UNIFIED DEVELOPMENT CODE.

ZONING. OKAY.

I'M WANTING TO SPEAK ABOUT THE THE AREA THAT WE CALL UNIT TECH HARRIS.

AND WHEN I LOOKED AT THE THE FIRST MAP THAT I WAS LOOKING AT IS NOT THE MAP THAT IS PROJECTED NOW, BUT IT SINCE IT WAS LABELED UDC MAP, I'M ASSUMING I WAS ASSUMING THAT THAT WAS THE MAP.

AND SO WHAT I'M SPEAKING TO IS IN REGARD TO THAT MAP, IS THAT NOT THAT IS NOT THE CURRENT MAP.

THIS ONE IS THE UNIFIED DEVELOPMENT CODE.

AND THEN THAT'S A ZOOMED IN.

WHICH ONE WOULD YOU PREFER? AND THIS ONE IS IS ZONING.

THE UDC ZONING? YES, I WOULD LIKE I'D LIKE TO SPEAK TO THAT.

WHAT I SAW ON ON THIS MAP WHEN IT WAS SHOWING THE UNIT TERRACE NEIGHBORHOOD SHOWED SOME THINGS THAT I DON'T THINK YOU'RE SEEING ON THAT MAP.

IS IT POSSIBLE THAT YOU CAN ZONE IN ON THE UNIT TERRACE NEIGHBORHOOD? SURE. WE CAN GO TO THE MAP ON THE WEBSITE AND ZOOM IN.

MAYBE. SO, THE UNIVERSITY OR DO YOU WANT TO GO FURTHER? IT'S INDIANA UNIVERSITY, 19TH TO 34TH STREET AND 19TH HERE? YES. DO YOU WANT ME TO ZOOM OUT SO YOU CAN SEE THE FULL MILE? I'D LIKE TO SEE THE FULL MILE.

OKAY. SO IT'LL BE THIS.

THIS SQUARE RIGHT HERE.

OKAY. CAN YOU.

IS THAT.

IS THAT OUR TO THE ORANGE IS MEDIUM DENSITY RESIDENTIAL, WHICH TODAY IS R2 OR A ONE.

OKAY. AND THIS IS BOSTON AND 27TH. OKAY.

WHEN MRS. PRADA SPOKE, SHE SAID THAT WHEN THE NEIGHBORHOOD WHEN THIS WAS PRESENTED TO THE NEIGHBORHOOD, THAT IT WAS PRESENTED AS IF THERE WOULDN'T BE ANY MAJOR CHANGES TO THE NEIGHBORHOOD.

AND WHAT I AM SEEING RIGHT NOW IS SOMETHING THAT ON THE MAP THAT I THOUGHT I WAS LOOKING AT THIS MORNING THAT SHOWED SHOWED SOME OF THAT MEDIUM DENSITY SOUTH OF TECTARIUS PARK.

I DON'T THINK I WASN'T AWARE THAT IT SHOWED QUITE THAT MUCH OF THAT NEIGHBORHOOD BEING MEDIUM DENSITY.

AND THAT IS NOT HAS NOT BEEN MEDIUM DENSITY.

THAT HAS BEEN OUR ONE AS FOR AS LONG AS I HAVE KNOWN ABOUT IT AND I THAT CERTAINLY IS SOMETHING THAT IS DIFFERENT FROM WHAT HAS WHAT IS WHAT WE HAVE KNOWN IS BEING PROPOSED.

SO WHAT I WOULD LIKE TO DO, AND I KNOW THAT IT IS NOT IN THE IN THE LANGUAGE THAT IT NEEDS TO BE, BUT I WOULD LIKE THE UDC MAP TO SHOW THIS NEIGHBORHOOD, THE UNIT NEIGHBORHOOD FROM UNIVERSITY, 19TH TO 19TH TO INDIANA TO 34TH STREET TO BE CHANGED, TO BE LABELED R1, EXCEPT FOR THE R2 THAT

[01:10:09]

WAS NEAR 34TH STREET, WHICH IS CURRENTLY WHAT IT IS AND WOULD LIKE IT TO BE SHOWN AS COMMERCIAL AND APARTMENT ON 19TH STREET BETWEEN BOSTON AND UNIVERSITY AVENUE AND IN THE NEIGHBORHOOD WHERE THERE IS COMMERCIAL CURRENTLY, INSTEAD OF THE WHOLE NEIGHBORHOOD BEARING THE DESIGNATION OF BEING NEIGHBORHOOD COMMERCIAL.

THANK YOU. THANK YOU, MISS MUNSON.

GRETCHEN SCOTT LIVE AT 4012 69TH STREET IN LUBBOCK.

AND I'M LIKE EVERYBODY ELSE.

I'M REAL CONFUSED ABOUT WHAT WE CAN AND CAN'T DO HERE TODAY.

WHEN I SAW THE ANNOUNCEMENTS, IT WAS JUST IF YOU HAD ISSUES WITH THE UNIFIED DEVELOPMENT CODE, YOU COULD BRING UP AMENDMENTS OR THINGS YOU'D LIKE TO SEE CHANGED.

AND NOW I DON'T KNOW FOR SURE, BUT I'VE GOT IT WRITTEN WHAT I'D LIKE TO SEE CHANGED, BUT I WOULD LIKE TO READ IT FIRST BEFORE I GIVE IT TO YOU.

IS THAT OKAY? AND THIS DOES THIS IS IN REFERENCE TO THE CHAPTER 40 RESIDENTIAL CODES.

AND I'VE HAD A LOT OF EXPERIENCE WITH ISSUES WITH THESE CODES BECAUSE AND I'VE MET WITH MR. WALKER TWICE AND I'VE MET WITH KRISTEN TWICE, BUT THE MAIN THINGS I SEE AFFECTING MY NEIGHBORHOOD, MELANIE PARK AND I DON'T KNOW ABOUT ANYBODY ELSE. THIS NEIGHBORHOOD IS THE CUSTOMARY HOME OCCUPATIONS.

THE CODES ARE VERY CLEAR ABOUT WHAT YOU CAN AND CAN'T HAVE OUT IN YOUR YARD, IN YOUR STREET, WHATEVER.

BUT THEN THERE'S ALL THESE EXCEPTIONS, AND THE MAIN ONE I OBJECT TO AND WOULD LIKE TO SEE ADDRESSED IN AN AMENDMENT IS THE USE OF TRAILERS BEING CALLED THE TRANSPORTING GOODS AND SERVICES.

SO IF YOU DON'T WANT YOUR WHATEVER YOU'RE DOING TO SIT IN YOUR YARD BECAUSE YOU CAN'T HAVE IT LIKE THAT, THE SOLUTION IS YOU PUT IT ON A TRAILER AND THEN YOU CAN CALL IT TRANSPORTING GOODS AND SERVICES, AND IT'S PERFECTLY OKAY.

ON 68TH STREET IN THE 3300 BLOCK, THERE IS A SHAVED ICE FOOD TRUCK, A BOUNCY HOUSE BUSINESS THAT HAS TRAILERS ALL THE TIME WITH THE HOUSES ON IT AND A HAMBURGER FOOD TRUCK RIGHT IN A ROW, THREE HOUSES.

MY FEAR WITH THE FIRST ONE WAS YOU LET ONE IN, YOU'RE GOING TO HAVE THEM ALL IN.

AND AS LONG AS THEY HAVE THEIR PRODUCT THAT THEY'RE SELLING ON A TRAILER, THEY'RE GOOD TO GO.

SO I WOULD LIKE TO SEE THAT LOOPHOLE CLOSED.

DON'T GIVE AN EXCEPTION TO TRANSPORTING GOODS AND SERVICES.

THAT OPENS IT ALL UP.

AND THEN THE OF THE ISSUE WE HAVE A CODE ENFORCE THAT SAYS YOU CAN ONLY HAVE TWO COMMERCIAL VEHICLES ON A RESIDENCE ACCORDING TO MR. WALKER. IF THEY DON'T REFERENCE PHONE NUMBERS OR WEBSITES, THEN THEY'RE GOOD TO GO EVEN THOUGH THEY HAVE ALL THIS ADVERTISING ON THEM.

SO I WOULD LIKE AN AMENDMENT TO AMEND THIS CODE TO SAY IF A VEHICLE OR A TRAILER HAS A BUSINESS ON IT, A BUSINESS ADVERTISING ON IT, THEN IT IS A COMMERCIAL VEHICLE AND ONLY ONE SHOULD BE ALLOWED PER RESIDENCE.

MR. WALKER BROUGHT UP THE ISSUE.

WELL, WHAT ABOUT STATE VEHICLES? THE COMMERCIAL THAT'S NOT FEDERAL, COUNTY, STATE OR CITY.

SO I'D LIKE TO SEE THOSE TAKEN CARE OF.

AND THEN WE HAVE A BIG ISSUE.

AND I DON'T THINK I UNDERSTOOD THIS CONCERNING THE GROUP HOMES, BUT THERE'S A GROUP HOME GOING IN TWO DOORS DOWN FROM ME.

WE WERE GIVEN NO NOTICE THAT THIS WAS GOING TO COME NO NOTICE AT ALL.

THEN THERE WAS A PROPOSED VARIANCE TO ALLOW THE INCREASE IN THE NUMBER OF RESIDENTS FROM 5 TO 9 WHILE NOT INCREASING THE PARKING. SO THERE WAS A HEARING AND ALL MY NEIGHBORS GOT TOGETHER AND WE WERE ALL GOING TO COME DOWN AND PROTEST THE VARIANCE.

AND THEN MY HUSBAND HAPPENED TO LOOK ON THE WEBSITE FOR THAT MEETING AND THAT VARIANCE WAS PULLED BY THE CITY ATTORNEY.

HOWEVER, WE WERE GIVEN NO NOTICE OF THAT.

WE WERE GIVEN NO NOTICE THAT THE VARIANCE WAS PULLED.

SCOTT, I'M GOING TO ASK YOU IF YOU WOULD STICK TO A PROPOSED AMENDMENT.

IF YOU HAVE A PROPOSED AMENDMENT, LET US KNOW WHAT THAT IS.

OKAY. THE PROPOSED AMENDMENT WOULD BE THAT WE HAVE TO HAVE NOTICES WHEN VARIANCES ARE CHANGED, PULLED OR DISREGARDED.

[01:15:01]

SO I THINK I'VE GOT EVERYTHING.

I'LL BE GLAD TO HAND THIS IN ANYWAY.

I WOULD LIKE TO SEE THESE AMENDMENTS MADE TO THE EXISTING CODE AND I FEEL LIKE THIS IS OUR ONLY CHANCE TO MAKE AMENDMENTS.

IS THAT CORRECT? OR PROPOSE AMENDMENTS OR ADDRESS ISSUES LIKE THIS AT THIS TIME? YES, AT THIS TIME.

OKAY. THAT'S THE ONLY OTHER ONE.

THE GROUP HOME ISSUE, WHICH I DIDN'T UNDERSTAND.

THAT DOESN'T SOMEHOW THAT DOESN'T FALL IN WITH THE TWO UNRELATED PEOPLE.

IS THAT CORRECT? THE GROUP HOME ISSUE.

KRISTEN, CAN YOU ADDRESS THAT? LET'S NOT GO TOO FAR OFF IF YOU HAVE A.

PROPOSED AMENDMENT BECAUSE IT'S A PUBLIC HEARING.

THAT'S WHAT WE WOULD CONSIDER NOW WHAT YOU'RE PRESENTING.

OKAY. I THINK YOU'RE JUST TOPICS FOR ANOTHER DAY, MISS SCOTT.

WELL, I WAS AFRAID I WASN'T GOING TO GET ANOTHER DAY.

I'M SORRY. ANYWAY, I'VE WRITTEN THEM ALL DOWN AND I'LL HAND THEM IN.

THANK YOU. THANK YOU. IF YOU'LL HAND THAT TO MR. WEAVER. MR. MAYOR? YES, MISS JOY.

ARE WE ACCEPTING NEW AMENDMENTS? WELL, WE'RE STILL IN A PUBLIC HEARING WITH THE PUBLIC, SO AT THIS TIME, WE'RE NOT HAVING DISCUSSION FROM COUNCIL OR AMENDMENTS FROM THE DAIS.

IS THERE ANYONE ELSE HERE WISHING TO SPEAK IN FAVOR OF THE PROPOSED AMENDMENTS? GOOD AFTERNOON. COUNCIL COMMISSION.

JOSHUA SHANKLES 2600 BLOCK OF 47TH STREET.

I DO HAVE A PROPOSED AMENDMENT TO THIS.

I'M SURE YOU CAN ALL GUESS.

WHILE IT IS WHY IT IS THAT I'M HERE, I PROPOSE THAT THIS UNIFIED DEVELOPMENT CODE CONTAIN A PROVISION WITHIN IT TO AMORTIZE CONFLICTING USES THAT EXIST WITHIN OUR CITY.

I WILL FOREGO OUTLINING THE REASONS BEHIND THAT, BECAUSE THOSE HAVE ALL BEEN ABUNDANTLY PRESENTED TO YOU ALL.

OUR ORGANIZATION, AMONG THE MANY THINGS IT DOES, TWO OF THEM ARE PRESENTING EVIDENCE BASED POLICY TO THE COUNCIL THAT HASN'T BEEN CONSIDERED.

AND OUR METRIC FOR PRESENTING POLICY TO THE COUNCIL IS, IS IT SUPPORTED BY EVIDENCE AND AN AMORTIZATION PROVISION BEING ALLOWED INTO THE UNIFIED DEVELOPMENT CODE? VERY MUCH IS SUPPORTED BY EVIDENCE.

IT HAS BEEN REPEATEDLY DONE THROUGHOUT THE STATE.

IT IS PERFECTLY ALLOWABLE.

IT IS SOMETHING MANY OF YOUR CONSTITUENTS HAVE ASKED YOU FOR, WHICH MAKES IT VEXING THAT WE DON'T FIND IT ON THE AMENDMENTS LIST RIGHT NOW BECAUSE IT IS SOMETHING THAT HAS BEEN BROUGHT FORWARD TO YOU GUYS IS SOMETHING THAT I KNOW THE PLANNING AND ZONING COMMISSION DID VOTE TO ALSO RECOMMEND TO YOU GUYS.

SO I'M HERE TO BRING THAT AMENDMENT FORWARD ON BEHALF OF OUR ORGANIZATION AND ON BEHALF OF THE OTHER HALF OF WHAT OUR ORGANIZATION DOES, WHICH IS REPRESENTS MANY CONSTITUENTS WHO ARE NOT ABLE TO BE HERE TO SPEAK BEFORE YOU AND WHO CUT ACROSS MANY OF YOUR DISTRICTS.

SO I HOPE YOU WILL CONSIDER AN AMENDMENT LIKE AN AMORTIZATION ORDINANCE AND ADD IT TO YOUR DISCUSSION TODAY.

THANK YOU.

HONORABLE MAYOR, MAYOR PRO TEM, MEMBERS OF THE COUNCIL.

I'M ROGER SETTLER, 2120, BROADWAY, A LIFELONG RESIDENT OF THE HISTORIC BROADWAY CORRIDOR.

AND I AM I SPEAK TODAY REALLY MORE TO ASK A QUESTION ABOUT CONCERNS ABOUT THE BROADWAY CORRIDOR.

I'VE HEARD RUMORS THAT IT IS PROPOSED TO BE MIXED USE.

IS THAT CORRECT? MR. SADLER, THIS IS A TIME IF YOU HAVE TO DISCUSS OR PUBLIC HEARING ON ONE OF THE 12 THAT WERE POSTED OR IF YOU HAVE A WRITTEN PROPOSED AMENDMENT YOU WOULD LIKE TO PRESENT, I MIGHT HAVE A WRITTEN AMENDMENT IF HIGH DENSITY HOUSING IS ALLOWED IN THE BROADWAY CORRIDOR.

OKAY. IF THAT COMES UP, I GUESS YOU CAN SPEAK AT THAT TIME.

OKAY. THANK YOU, SIR.

THANK YOU. ALL RIGHT.

BEFORE WE GET INTO OPPOSITION, WE'RE GOING TO TAKE ABOUT A TEN MINUTE BREAK AND WE'RE GOING TO GET WITH CHAD AND WE'RE GOING TO COLLABORATE ON, IT LOOKS LIKE 13 THROUGH POSSIBLY 21 SO WE CAN KEEP THESE ORGANIZED.

SO WE'LL BE IN RECESS COUNSEL UNTIL RIGHT AT 330.

WE ARE IN RECESS.

[01:20:04]

ALL RIGHT. BEFORE WE MOVE FORWARD, MR. SAWYER, WITH THOSE IN OPPOSITION TO THE PROPOSED AMENDMENTS WE HAVE AT THIS TIME AND AGAIN, THIS IS HOW THIS IS POSTED, WAS THE DISCUSSION OF ANY PROPOSED AMENDMENTS. AND THOSE THAT WERE POSTED WERE ONE THROUGH 12.

AND AT THIS TIME, WE HAVE NUMBER 13 THAT WE ARE CONSIDERING, THE ONE PRESENTED BY MARY CRITES AND MS..

JOY. THOSE ARE SIMILAR IN NATURE.

I THINK THAT THAT IS REGARDING THE PARKING WE HAVE 14, WHICH IS THE TECH TERRACE AND MR. MURPHY'S PRESENTATION, OR AT LEAST THE PROPOSED AMENDMENT WE RECEIVED FROM THEM.

NUMBER 15 IS THE PROPOSED AMENDMENT FOR MR. MCCLENDON. NUMBER 16 IS AN EMAIL THAT WE RECEIVED FROM MR. FAULK, AND HIS PROPOSAL WAS SIMILAR IN NATURE TO TECH TERRACE.

HOWEVER, IT PROPOSED A 45% CAP, 45 FOOT CAP AS OPPOSED TO 75.

NUMBER 17 IS A PROPOSAL FOR MS. VINES REGARDING R1 AND R2.

NUMBER 18 IS THE PROPOSAL FOR MS. GRETCHEN SCOTT REGARDING HOME OCCUPATION.

NUMBER 19 IS THE ONE FROM MR. SHANKLES AND MS. CORTEZ REGARDING AMORTIZATION.

SO WE HAVE AT THIS TIME ONE THROUGH 19 CLEAR AS MUD.

MR. SAWYER. ALL RIGHT.

AT THIS TIME, ANYONE HERE WISHING TO SPEAK IN OPPOSITION TO A PROPOSED AMENDMENT, YOU MAY STEP FORWARD AT THIS TIME.

I BELIEVE OTHER AMENDMENTS WERE SUBMITTED BY MS..

CORTEZ TO THE CITY SECRETARY.

YEAH, I BELIEVE WE HAVE THAT.

THANK YOU. I THINK THAT'S IN THE SAME VEIN AS THE AMORTIZATION OF MR. SCHINKEL. SO WE DO HAVE THAT RIGHT.

WE'VE GOT THEM.

OKAY. AND TELL ME YOUR NAME, SIR.

I'M ADAM PIRTLE. OKAY.

AND YOUR ADDRESS? 2204 90.

THIRD PLACE. OKAY. THANK YOU VERY MUCH.

ALL RIGHT. SORRY ABOUT THAT, MISTER. NO, YOU'RE GOOD.

ADAM HERNANDEZ, 7401 AVENUE X, AND I WOULD JUST LIKE TO OPPOSE ALL OF THE AMENDMENTS THAT WE WERE NOT IN FAVOR OF.

AND I'LL TELL YOU WHY.

THE REASON THE REASON IS, IS BECAUSE OF HOW THIS PROCESS WAS CARRIED OUT.

I ALSO DO HAVE AN AMENDMENT IN WRITING SINCE YOU GUYS WANTED IT IN WRITING ON THE SPOT.

I HAVE ONE OF THOSE AS WELL.

I HAVE TO SPEAK ON BEHALF OF ALL OF THESE PEOPLE THAT YOU EFFECTIVELY SILENCED, MR. MAYOR. AND I'M TALKING TO YOU DIRECTLY BECAUSE YOU ARE THE KIND OF THE THE GUY THAT DIRECTS THE MEETINGS.

SO ANY SORT OF RULE CHANGES WOULD PROBABLY GO THROUGH.

YOU. I WILL ALSO DRAW YOUR ATTENTION TO NUMBER TWO HERE ON YOUR OWN AGENDA, WHERE IT SAYS INCLUDING BUT NOT LIMITED TO PROPOSED AMENDMENTS AND IT HAS THE ONES LISTED.

AND SO THAT'S NUMBER ONE.

NUMBER TWO IS THAT PUBLIC HEARING HAS A VERY SPECIFIC DEFINITION.

AND IF SOMEBODY WAS HAD THE TIME OR THE BANDWIDTH, YOU COULD PROBABLY GET IN A LITTLE BIT OF TROUBLE WITH SOME REGULATORY AGENCIES.

BUT WE'RE NOT GOING TO DO ALL THAT.

THESE PEOPLE DID NOT KNOW THAT YOU HAD TO HAVE SOMETHING IN WRITING UNTIL WE GOT HERE.

SO ALL OF THOSE FOLKS THAT STOOD UP WITH MISS CORTEZ, YOU EFFECTIVELY SILENCED THEM.

HERE'S MY AMENDMENT.

AND THIS IS AN OFFICIAL AMENDMENT BY LUBBOCK COMPACT, AND I WOULD LIKE IT TO BE ITS OWN AMENDMENT.

SO THE AMENDMENT IS TO DOWN ZONE ALL HEAVY INDUSTRIAL ZONING THAT IS CURRENTLY OR WILL BE NONCONFORMING AFTER PASSAGE OF THE UDC OR ARE CURRENTLY LOCATED IN CLOSE PROXIMITY TO SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL CHANGING THOSE TO TRANSITIONAL.

WHAT DOES THAT MEAN? THAT MEANS THAT IF ONE OF THOSE BUILDINGS IS STRUCK BY LIGHTNING OR A TORNADO TO THE TUNE OF 75%, THEN THEY WOULDN'T BE ABLE TO BRING BACK THAT USE AS A HEAVY INDUSTRIAL USE.

THAT ALSO MEANS THAT SOME OF THOSE LOTS SITTING EMPTY NEXT TO RESIDENTIAL AND MULTIFAMILY RIGHT NOW THAT ARE ZONED HEAVY USE INDUSTRIAL, THOSE WOULD NOT BE ABLE TO HAVE A NEW HEAVY USE COME IN IN THE MIDST OF ALL OF THIS.

AND WHAT THIS WOULD DO FOR YOU, MR. MAYOR, AND THE CITY COUNCIL IS IT WOULD SHOW THE COMMUNITIES, PARTICULARLY IN DISTRICT ONE AND DISTRICT TWO, WHO HAVE FOUGHT THIS FIGHT FOR MANY, MANY YEARS.

AND WE'VE GIVEN YOU ALL THE SCIENCE AND ALL OF THOSE THINGS.

YOU WILL SHOW THEM THAT THEY MATTER TO THIS COUNCIL AND TO THIS CITY LIKE THE REST OF THEM DO.

AND WE'RE GLAD THAT THE DEVELOPERS WERE ABLE TO GET A LOT OF THEIR AMENDMENTS IN.

WE NEED DEVELOPERS, BUT WHO FILLS UP THOSE BUILDINGS TO PAY THOSE TAX BASES? THEY CREATE THE CITIZENS.

AND SO THERE'S ANOTHER FACTOR HERE THAT'S NOT BEING CONSIDERED.

AND FOR YOU TO HAVE PEOPLE TRY TO MAKE THEM WRITE SOMETHING ON THE SPOT BEFORE IT'S CONSIDERED, WHEN TODAY IS THE DAY TO CONSIDER IT AND YOU'LL HAVE YOUR VOTE AND THEN IT'S GOING TO BE PUT INTO EFFECT.

I THINK THAT'S A SHAME. SO MY WRITTEN AMENDMENT IS ONCE AGAIN DOWN ZONED ALL HEAVY INDUSTRIAL ZONING THAT IS CURRENTLY OR WILL BE NONCONFORMING AFTER PASSAGE OF THE UDC OR ARE CURRENTLY LOCATED IN CLOSE PROXIMITY TO SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL TO TRANSITIONAL.

[01:25:03]

THANK YOU.

ANYONE ELSE HERE WISHING TO SPEAK IN OPPOSITION TO PROPOSED AMENDMENTS.

GOOD AFTERNOON, MAYOR AND COUNCIL.

AND GOOD AFTERNOON, MEMBERS OF THE PLANNING COMMISSION.

MY COMMENTS ALONG WITH MARK MCLENDON, WHO WILL COME BACK UP AND SPEAK TO THESE 12 INITIAL AMENDMENTS ARE PRIMARILY TECHNICAL IN NATURE.

MONT AND I HAVE HAD THE PLEASURE OF WORKING WITH COREY DOOLAN AND CHRIS BERRY IN OUR DEVELOPERS COUNCIL GROUP AS SORT OF WE'RE THE REAL STAKEHOLDERS IN THIS THAT MEANING THAT WE'RE THE ONES WHO SWIM IN THIS BUSINESS DAY IN AND DAY OUT.

SO I'M STANDING HERE IN OPPOSITION, BUT I WANT YOU TO UNDERSTAND THE LENS THROUGH WHICH I'M LOOKING.

BY THE WAY, TERRI HOLMAN, 4,492ND STREET.

THANK YOU. THANK YOU FOR THE CATCH.

SO I'M GOING TO DO SOME OF THE LIGHT LIFTING FOR JUST A MOMENT, AND THEN I'M GOING TO BOUNCE AROUND JUST TO TOUCH ON THESE 12 ITEMS. AND THEN I'M GOING TO ASK MONT MCCLENDON TO BACK CLEAN UP FOR ME.

SO ALSO I WANT YOU TO UNDERSTAND THE LENS THROUGH WHICH WE'RE LOOKING.

A LOT OF MY COMMENTS ARE NOT OPPOSITION TO THE AMENDMENTS, BUT FOR THOSE OF US WHO EAT, SLEEP AND BREATHE THIS, WE HAVE MAYBE SOME LANGUAGE CORRECTIONS, THINGS LIKE THAT THAT WE FEEL LIKE MIGHT BE BETTER SUITED FOR WHAT WHAT WE'RE ALL TRYING TO ACCOMPLISH.

SO LET'S GET STARTED.

NUMBER ONE WAS THE SECTION THAT SPEAKS TO MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES IN THE NC AND OFFICE ZONING DISTRICTS.

I HAD ORIGINALLY MADE A RECOMMENDATION THAT FOR CERTAIN STYLES OF CONSTRUCTION THAT THE DIRECTOR OF PLANNING BE GIVEN THE AUTHORITY TO ALLOW SOMETHING SMALLER. THEY HAVE SINCE COME BACK AND SAID THEY DON'T BELIEVE THEY HAVE THE RIGHT TO DO THAT.

SO THE SIMPLE FIX FOR US WAS, IS WE TOOK THE SUBJECTIVENESS OUT OF IT AND WE PROVIDED AN OBJECTIVE SET OF CRITERIA THAT COULD BE FOLLOWED.

SO THIS HANDOUT THAT I GAVE YOU, IN FACT, WILL GIVE YOU A QUICK PRIMER.

THIS ROUGHLY FOLLOWS THE 12 AMENDMENTS.

THE YELLOW TEXT IS OUR ACTION RECOMMENDATION.

THE BLUE TEXT ABOVE THAT IS SORT OF A BRIEF EXPLANATION.

THE GREEN TEXT IN THESE ITEMS IS JUST THE LANGUAGE THAT WE'RE PROPOSING, RIGHT? SO NUMBER ONE FOR US, I BELIEVE WAS EASY.

WE'RE ADDING IN FOR MULTI LOT DEVELOPMENTS WITH COMMON PARKING AREAS OR PARTY WALL STYLE CONSTRUCTION.

MINIMUM LOT WIDTHS SHALL BE 20FT AND MINIMUM LOT AREA SHALL BE 1000FT².

HERE'S WHERE THAT COMES FROM.

WE HAVE DONE SOME SUBDIVISION PLATS RECENTLY WHERE WE'VE HAD OFFICE STYLE DEVELOPMENT BUT WAS CONSTRUCTED MORE LIKE TOWNHOMES, WHERE YOU HAVE MAYBE A 20 FOOT TOWNHOME STYLE LOT THAT'S AN OFFICE BUILDING AND MAYBE HAVE A COMMON PARKING AREA.

IT'S DIFFICULT IN THAT SETTING TO MEET THE 100 FOOT MINIMUM WIDTH.

SO WE BELIEVE THAT'S A THAT'S A TECHNICAL ITEM THAT WE HOPE YOU CAN GET BEHIND.

I'M GOING TO SKIP NUMBER TWO, THREE AND FOUR, AND I'M GOING TO SPEND A LITTLE BIT OF TIME ON NUMBER FIVE.

THIS IS THE SUBDIVISION STANDARDS.

ON MY HANDOUT, THE TOP OF OUR PAGE TWO.

BASICALLY, WHAT WHAT WAS HAPPENING HERE IS THAT THERE WAS LANGUAGE THAT WAS ALREADY IN THE UDC AND SOME THINGS WERE SHIFTED AROUND, WHICH WAS FINE.

BUT THERE THERE'S SOME FALLOUT FROM THAT THAT WE FEEL LIKE IT'S TIME TO MAKE A LITTLE BIT OF CORRECTION.

AND BY THE WAY, IF YOU WERE FOLLOWING ALONG IN THIS INITIAL 30 PAGE DOCUMENT THAT PLANNING POSTED, YOU CAN YOU CAN DRILL DOWN AND FIND SOME OF THIS STUFF. MY ITEM NUMBER A UNDER THERE SPEAKS TO THE TABLE ON PAGE 368.

IT'S TABLE 39.070 .0211.

SINCE WE HAVE MIGRATED FROM THE P AND Z BEING THE APPROVING BODY FOR PLATTS AND WE'VE MIGRATED OVER TO THE DIRECTOR OF PLANNING BEING THE PERSON WHO APPROVES PLATTS

[01:30:07]

BEFORE ZONING BOARD OF ADJUSTMENT WAS THE PLACE TO GO TO FOR AN APPEAL.

IT'S OUR OPINION THAT SINCE NOW WE HAVE THE DIRECTOR OF PLANNING APPROVING PLATTS, THE APPEAL OUGHT TO BE PLANNING AND ZONING COMMISSION, NOT ZONING BOARD OF ADJUSTMENT.

NEXT IS ITEM B.

THERE'S A REFERENCE HERE TO APPLICATIONS COMPLETED BY THE CURRENT PROPERTY OWNER, AND IT SAYS AS LISTED ON THE LUBBOCK CENTRAL APPRAISAL DISTRICT, THAT'S REALLY NOT THE PLACE TO BE FINDING PROPERTY OWNER INFORMATION, BECAUSE THE WAY THE APPRAISAL DISTRICT WORKS IS THEY'RE CUSTOMARILY MONTHS BEHIND.

AND SO YOU COULD JUST AS EASILY SAY BUY THE PROPERTY OWNER.

BUT IT'S COMMON THAT YOU CAN GO TO THE APPRAISAL DISTRICT AND THEIR RECORDS ARE NOT UP TO DATE TO THE MINUTE ON.

MAYBE THERE WAS A TRANSACTION THAT OCCURRED JUST A FEW DAYS AGO.

THEY DON'T SHOW THAT YET.

SO WE'RE JUST SAYING REMOVE THE REFERENCE ON THAT.

NEXT IS ITEM C, THIS SHOWS UP A FEW CASES WHERE THE THE THE PLAT REVIEW FEES ARE HARD CODED INTO THE UDC. IT SETS DOLLAR AMOUNTS WITHIN THE TEXT OF THE UDC.

WE'RE SAYING REMOVE THAT BECAUSE COUNCIL IS GOING TO BE LOOKING AT CODE STRUCTURE EVERY YEAR DURING BUDGET.

SO YOU WOULDN'T WANT TO HAVE DOLLAR AMOUNTS ON THE REVIEW FEE SET INSIDE THE UDC THAT EVERY YEAR YOU'VE GOT TO GO BACK AND AMEND THE UDC.

WE'RE SAYING TAKE THAT OUT AND JUST SAY AS ADOPTED BY CITY COUNCIL.

ITEM D SPEAKS TO A NEW REQUIREMENT FOR WATER AND SEWER SCHEMATIC DRAWINGS WITH PRE PLATS.

WE AGREE THAT'S A GOOD IDEA.

ALL I'M SAYING IS, IS ADD LANGUAGE, SAY WATER AND SEWER SCHEMATIC LAYOUTS SUFFICIENT TO DEMONSTRATE HOW THE PROPOSED LOTS WILL BE SERVED BY PUBLIC WATER AND SEWER THAT TIGHTENS IT UP A LITTLE BIT. ITEM E! I ALMOST HAVE TO APOLOGIZE FOR THIS.

THIS IS HAVING TO DO WITH PLAT SCALES AND YOU'VE GOT TO SET NUMBERS RIGHT.

YOU'VE GOT TO SET CRITERIA.

BUT ALL I'M ASKING TO DO IS ALLOW US, AS THE PEOPLE WHO ARE PREPARING PLATS TO USE A LITTLE BIT BETTER, MORE JUDGMENT ON WHAT SCALES WE DRAW THE PLATS AT.

SO I'M SAYING IN HERE, RATHER THAN THE CRITERIA THAT THEY SET, JUST SAY DRAW TO STANDARD ENGINEERING SCALES RANGING FROM 1 TO 10 TO 1 TO 100, 1 TO 200. SCALE IS ALLOWED FOR PLATS LARGER THAN 100 ACRES ONLY WHEN INFORMATION ILLUSTRATED ON THE PLAT IS CLEARLY LEGIBLE ON THE PRINTED FULL SIZED PAPER.

SO I SHOULDN'T HAVE TO BOTHER YOU WITH THIS, BUT WHAT'S GOING TO HAPPEN IS, IS IF IF IT'S BAKED INTO THE CODE THE WAY IT IS, YOU'RE GOING TO HAVE A TECHNICIAN WHO'S GOING TO MAYBE FUSS WITH ME ON ON THE WAY I DRAW A PLAT WHEN IT SHOULD BE MY DISCRETION AS TO HOW THAT'S PUT TOGETHER.

ITEM F, NEXT PAGE.

I PROMISE THERE'S AN END TO THIS.

IT'S MY SUGGESTION ON A CLEAN UP ON THE THE LANGUAGE, ON TYING PROPERTIES TO SECTION CORNERS.

I JUST SAY TIE IT TO A SECTION CORNER OF THE SECTION IN WHICH THE PLAT IS LOCATED.

THAT'S A LITTLE MORE APPROPRIATE THAN SAYING THE ABUTTING SECTION CORNER.

ADAM G. THERE'S A REQUIREMENT IN HERE FOR WHEN WE SUBMIT PRELIMINARY PLATS FOR US TO SHOW APPROVED PRELIMINARY PLATS.

MAYBE NEXT DOOR.

THAT'S A GOOD IDEA. WE AGREE WITH THAT.

CURRENTLY, THAT INFORMATION IS NOT ON YOUR GIS WEBSITE OR WE DON'T HAVE ACCESS TO THAT INFORMATION.

SO THOSE OF US THAT ARE OUTSIDE CITIZENS TOWER THAT ARE PREPARING PRE PLATS, WE GOT TO HAVE ACCESS TO THAT INFORMATION SOMEHOW.

SO THE FOLKS HERE SAY INFORMATION IS AVAILABLE ON CITY GIS.

ADAM H. BEAR WITH ME HERE FOR A MOMENT.

YEAH. ADAM H.

TALKS ABOUT WHEN YOU SUBMIT A FINAL PLAT, IT STATES THAT YOU HAVE TO HAVE A PRE PLAT THAT HAS BEEN SIGNED BY THE DIRECTOR OF PLANNING.

BUT YOU DON'T HAVE A SIGNATURE BLOCK REQUIREMENT ON THE PRE PLATS.

WE'RE SAYING PUT THAT ON THERE.

ADAM I THIS IS A BIG ONE FOR US.

THIS WAS ADDED IN. THIS WAS NOT IN THE ORIGINAL CODE.

THIS IS NEW. SO WE FEEL LIKE THIS IS SOMETHING REALLY WORTH BRINGING UP.

ITEM NUMBER 25 ON PAGE ON PAGE 397 REQUIRES A BEFORE BEFORE A PLAT IS CAN BE SUBMITTED TO THE DIRECTOR OF PLANNING. IT HAS TO BE SIGNED BY A SURVEYOR FOR A LITTLE ONE LOT COMMERCIAL PLAT THAT IS NO PROBLEM.

BUT WHEN WE HAVE AN 80 LOT RESIDENTIAL SUBDIVISION, THE SURVEYOR HAS TO CERTIFY THAT HE'S SURVEYED THAT IN ACCORDANCE WITH THE SUB REGS, WHICH MEANS THAT HE WOULD HAVE TO HAVE SET ALL THE CORNERS, MOST OF THEM.

THAT IS A HUGE AMOUNT OF TIME AND EFFORT.

AND WHAT HELPS US IS IF WE CAN HAVE A REVIEW OF A DRAFT PLAT BEFORE WE GO TO THAT TIME AND EFFORT.

[01:35:06]

IT'S TENS OF THOUSANDS OF DOLLARS BEFORE WE GO TO THAT KIND OF TIME AND EFFORT.

SURVEYING A WHOLE RESIDENTIAL SUBDIVISION PLAT, WE'VE ENJOYED UP TO THIS POINT THE REVIEW OF THE DRAFT PLAT.

WE WANT TO KEEP THAT BECAUSE IF YOU MAKE US GO SURVEY THE PLAT BEFORE IT'S EVEN SUBMITTED, THAT'S A HUGE RISK ON THE PRIVATE SIDE BECAUSE SOMEBODY IN PLANNING OR SOMEBODY IN ENGINEERING MAY FIND SOMETHING THAT EITHER DOESN'T MEET CODE THAT WE DIDN'T KNOW ABOUT OR SOMETHING THAT THEY DON'T LIKE, THAT THEY WANT US TO CHANGE.

AND WE WOULD HAVE ALREADY SPENT A HUGE AMOUNT OF EFFORT GETTING A SURVEYOR TO SIGN THAT.

WE OBJECT TO THAT.

NEXT PAGE, I'M GOING TO SKIP DOWN TO ITEM NUMBER EIGHT.

THIS HAS TO DO WITH THE LAND USE MATRIX AND THE SHIFTING OF THE REQUIREMENT FOR IN THE INDUSTRIAL ZONES TO REQUIRE UTILITY INFRASTRUCTURE TO GO THROUGH A SPECIFIC USE ZONE CASE.

IT'S OUR POSITION THAT USUALLY IF YOU'RE DOING A SOMETHING THAT IS A UTILITY INFRASTRUCTURE, POWER TRANSMISSION, THE LIKE, THAT'S A NEED, THAT'S NOT A WANT.

AND IT'S IT'S OUR FEAR THAT IF IF POLITICS, POLITICS BEING A SPECIFIC USE ZONE CASE, IF POLITICS IS INJECTED INTO THAT, YOU MAY LOSE THE ABILITY TO DO SOMETHING THAT YOU HAD TO DO WITH RESPECT TO UTILITIES.

WE DO AGREE THAT CARE WANTS TO BE GIVEN AND WE RECOMMEND THAT YOU PUT THAT AS A LIMITED USE CRITERIA AND YOU DEVELOP LIMITED USE CRITERIA FOR FOR THOSE TYPES OF SETTINGS.

I'M GOING TO SKIP LASTLY DOWN TO NUMBER 12.

THERE'S NEW LANGUAGE IN THE CODE ABOUT DRIVEWAY SPACING.

GOOD IDEA. WE AGREE WITH THAT.

THE CURRENT LANGUAGE SAYS CENTER, CENTER TO CENTER IN TERMS OF HOW THAT MEASUREMENT IS MADE FROM THE DRIVEWAY.

THE NEW LANGUAGE SAYS EDGE TO EDGE.

THAT'S TOTALLY FINE, BUT EDGE OF WHAT? TO EDGE OF WHAT, RIGHT.

AND I KNOW WELL ENOUGH TO TO KNOW WHAT I BELIEVE WAS INTENDED HERE.

THAT MEANING TO FOLLOW WHAT TEX-DOT DOES, WHICH IS INSIDE EDGE OF DRIVEWAY TO INSIDE EDGE OF DRIVEWAY.

LET'S JUST CLEAN THE LANGUAGE UP MEASURED BETWEEN NEAREST EDGES OF DRIVEWAY THROATS.

FOR THOSE OF US ON THE OUTSIDE AND THE TECHNICIANS HERE REVIEWING THE DRAWINGS, THEY'VE GOT SOMETHING CLEAR CUT THAT SAYS THAT.

OR YOU CAN DO A LITTLE DIAGRAM SIMILAR TO WHAT DOT HAS IN THEIR ACCESS MANAGEMENT MANUAL.

SO AGAIN, I APOLOGIZE FOR KIND OF BORING YOU WITH THIS, BUT THESE ARE THE AMENDMENTS THAT HAVE BEEN PRESENTED AND IT'S UP TO US TO TO MAKE SURE THAT WE HAVE SOMETHING THAT WE CAN ALL OPERATE IN.

SO WITH THAT, I'M GOING TO YIELD TO MONT AND ASK MONT TO SPEAK TO THE OTHER ITEMS. THANK YOU.

MARTIN MCLENDON 4602 16TH STREET.

I WANT TO ADDRESS THE REMAINING ITEMS. I WANT TO CLARIFY ON THE FIRST, WHICH TERRY JUST ADDRESSED, THAT WE'RE ASKING THAT CHANGE BE MADE TO BOTH NC AND F BECAUSE THAT SAME LANGUAGE EXISTS IN BOTH SPOTS AND I JUST WANT TO MAKE SURE THAT THEY MAKE THE SAME CHANGE IS AN OVERLOOKED SECTION TO ADUS AND KRISTEN AND I HAVE TALKED ABOUT THIS.

I FEEL LIKE I SHOULD BE FACING YOU GUYS SINCE WE TALKED ABOUT THIS DURING THIS FIRST GO THROUGH.

YOU KNOW THAT I ABHOR A DATE LINE IN THE SAND WHEN IT COMES TO OUR CODE BECAUSE I THINK IT'S THE CLEAREST WAY TO CREATE WINNERS AND LOSERS.

RIGHT. AND SO MY MANTRA THROUGH THIS PROCESS, YOU PLEASE STEP CLOSER TO THE MICROPHONE.

MY MANTRA THROUGH THIS PROCESS WAS LET'S CREATE REASONABLE DESIGNS FOR OUR USE CATEGORIES OR IN OUR ACTUAL SPECIFIC USES OR OUR ACTUAL USES.

AND THEN LET'S LIVE WITH THAT.

MY RESPONSE TO TO THE PROPOSED CHANGE TO THE ADU LANGUAGE IS IN MY MIND, UNDER THE EXISTING CODE, YOU IF YOU HAVE AN EXISTING ADU, IT IS EITHER REGISTERED AND THEREFORE LEGAL.

IT HAS. AND I APPRECIATE KRISTEN POINTING OUT IT HAS A VARIANCE AND IS THEREFORE LEGAL OR IT MEETS THE DESIGN CRITERIA AND THE SPECIFIC CRITERIA OF THE CODE AND IS THEREFORE LEGAL OR IT DOESN'T AND IT'S NOT LEGAL.

AND I DON'T THINK CREATING A WAY BY WHICH SOMEBODY CAN DRAW RECORDS BACK TO 1980 AND MEET THE NEW CRITERIA FOR 43 YEARS IS A REASONABLE USE OF OUR TIME.

[01:40:02]

I THINK THOSE FOLKS HAVE HAD THEIR CHANCE AND IF THEY'RE NOT THERE YET, THEY'RE NOT GOING TO GET THERE.

SO IT EITHER MEETS THE CODE OR IT DOESN'T.

AND IF IT MET THE PRIOR CODE AND IT'S ILLEGAL NONCONFORMING, THOSE RIGHTS CARRY FORWARD UNDER OUR GRANDFATHERING CLAUSES.

SO I DON'T THINK THE ADU PROVISION REQUIRES ANY CHANGES.

SECTION FOUR, THE REDUCTION OVERLAY.

IT LOOKS LIKE A LOT OF CHANGES.

MOST OF THOSE CHANGES ARE CLEANUPS AND CLARIFICATIONS AND I DON'T HAVE A PROBLEM WITH IT.

I DO HAVE TWO MINOR TWEAKS.

HEY, MISTER MCLENDON, IT'S BEEN REQUESTED AGAIN, IF YOU'LL JUST GET THAT MICROPHONE A BIT MORE BECAUSE WE ARE HAVING A HARD TIME DO THIS.

OKAY, THAT'S BETTER. THANK YOU. TWO MINOR TWEAKS ON THE REDUCTION OVERLAY.

THE FIRST IS THE MESSAGE ON REDUCTION OVERLAY WAS WE ARE CREATING A ZONING CLASSIFICATION.

ZONING CLASSIFICATIONS ARE THE PROVINCE OF P AND Z, AND THEREFORE I THINK REINSTATING THE LANGUAGE THAT SAYS APPROVAL OF A REDUCTION OVERLAY SHALL NOT REQUIRE APPROVAL OF THE ZONING BOARD OF ADJUSTMENT IS A REASONABLE CODIFICATION OF OUR EXPECTATION IN THAT REGARD.

I JUST DON'T I THINK THAT'S WHAT STAFF UNDERSTANDS IT TO BE, BUT I THINK IT'S USEFUL TO BUILD THAT INTO OUR CODE.

THE SECOND HAS TO DO WITH BILLBOARDS.

I DON'T KNOW WHY THAT WAS TAKEN OUT, BUT WHAT I WILL SAY TO YOU IS THAT IF I HAVE A ZONING CLASSIFICATION THAT ALLOWS BILLBOARDS AS A SPECIFIC USE, WHICH CURRENTLY IS ONLY INDUSTRIAL USES IN OUR CITY, I WOULD LIKE THE RIGHT TO SAY NO.

I WOULD LIKE TO USE AN ARROW TO SAY NO BILLBOARDS IN THIS ZONING CLASSIFICATION FOR MY PROPERTY.

SIMPLE AS THAT.

SO THAT DOWN THE LINE, NO, SOMEONE CAN'T COME FORWARD WITH A SPECIFIC USE AND PUT A BILLBOARD ON THAT PARCEL WITHOUT CHANGING THE ZONING.

I'D LIKE TO RULE OUT, LINE OUT AREAS FOR BILLBOARDS THROUGH THE USE OF THE REDUCTION OVERLAY.

I THINK THAT'S A REASONABLE CHANGE.

ON NUMBER SIX AND I'VE.

I WANT TO TWEAK THIS A LITTLE BIT BASED ON A CONVERSATION I HAD WITH WITH STAFF.

I GET WHERE YOU'RE GOING WITH THE NOTIFICATION BOUNDARY AND I'M GOING TO MAKE A VERY BORING LAWYER POINT.

I HAVE CONCERNS.

WHAT I UNDERSTOOD STAFF TO SAY WAS THAT YOU CAN COMPLY WITH STATE LAW AND AND OVER NOTIFY.

THE CURRENT LANGUAGE SAYS COMPLY WITH STATE LAW.

IF YOU CAN DO THOSE TWO THINGS, DO IT.

JUST DO IT.

BUT DON'T CHANGE THE ORDINANCE TO CONTRADICT STATE LAW.

MY CONCERN IS THAT THAT THAT PROVISION 2111 OR 2 211 062 AND 211 07C DOESN'T SAY AT LEAST 200FT.

IT SAYS 200FT.

SO THE STATUTE, THE STATE STATUTE HAS SPOKEN ON THE TOPIC.

IF IT IS THE OPINION OF COUNSEL THAT YOU CAN YOU CAN OVER NOTIFY AND NOT VIOLATE THAT, DO IT.

BUT WRITING LANGUAGE THAT SPECIFICALLY CONTRADICTS IT I THINK IS UNWISE.

DEFINITION OF FAMILY.

I APPRECIATE STAFF'S PRESENTATION OF THE EVOLUTION OF THE DEFINITION OF FAMILY IN OUR ZONING CODE.

I THINK THE ONE THAT WE INITIALLY SAID FAMILY IS FOLKS LIVING TOGETHER AS A HOUSEHOLD IS A PERFECTLY REASONABLE DEFINITION OF FAMILY.

IT'S THE INTRODUCTION OF THE TWO OR MORE OR THE THREE OR MORE THAT I THINK IS PROBLEMATIC.

AND HERE'S WHY.

AGAIN, A LAWYERLY POINT.

THAT DISTINCTION CREATES DIFFERENCES IN HOUSING OPPORTUNITIES BASED ON THEIR MARITAL OR FAMILY STATUS.

SOMEONE WITH LOTS OF SIBLINGS HAS A DIFFERENT HOUSING OPTIONS THAN SOMEONE WITH NONE.

A A MAN WITH A CHILD MOVING IN WITH A WOMAN WITH A CHILD VIOLATES THE ORDINANCE.

DO WE HAVE DO WE HAVE ANYBODY HERE KNOW A FAMILY LIKE THAT? I THINK IT'S PROBLEMATIC.

I THINK IT'S UNSEEMLY TO DRAW THOSE LINES.

AND, YOU KNOW, I DON'T THINK WE NEED TO CHANGE.

ACTUALLY. I PERSONALLY, I THINK WE SHOULD MAKE THE CODE AND TAKE THE NUMBER OUT ALTOGETHER.

BUT THE CURRENT LANGUAGE, WHICH IS 3.2, IS BETTER THAN TWO.

OKAY. I COME FROM A BIG FAMILY.

MY OPPORTUNITIES ARE DIFFERENT FROM SOMEBODY WITH A SMALL FAMILY THAT'S BASED ON FAMILY SIZE AND MARITAL STATUS.

IT'S TREATING DIFFERENT PEOPLE DIFFERENTLY UNDER THE LAW AND.

[01:45:01]

HDR IS THERE A WAY TO PULL UP THE UDC ZONING MAP? BECAUSE I'M CONFUSED ABOUT SOMETHING.

LET'S GO TO EIGHT. LET'S GO TO 19TH AND UNIVERSITY.

YEAH. LET'S GO. I WANT TO SHOW YOU 19TH AND UNIVERSITY.

JUST AS AN EXAMPLE OF WHAT I DON'T UNDERSTAND ABOUT THE PROPOSALS.

I THINK THE FIX THAT'S PROPOSED DOESN'T FIX ANYTHING.

AND HERE'S WHY.

IT CAN'T BE ABOUT HEIGHT, BECAUSE THE PURPLE IN THIS MAP IS H.

SEE, IT'S C4 THAT TURNS THE H C, AND THERE IS NO HEIGHT RESTRICTION AT ALL.

NONE. SO IT CAN'T BE ABOUT THAT.

IT CAN'T BE ABOUT SMALL LOT SIZES THAT ARE HDR BECAUSE THE SETBACK AND THE SIDE SETBACK MAKES THEM UNBUILDABLE IF YOU TAKE DR. STEVE'S LOT AT 26TH AND BOSTON AND TRY TO BUILD SOMETHING 75FT TALL ON IT, YOU'RE GOING TO HAVE AN ELEVATOR THAT SELLS GUM ON THE FIRST FLOOR AND THAT'S IT.

IT'S PRACTICALLY UNBUILDABLE.

MOREOVER, IF YOU LOOK AT THE LIMITED CRITERIA FOR APARTMENTS IN HDR, YOU'LL SEE THAT IT SAYS.

CLEAR AS DAY WHEN YOU'RE WEARING YOUR GLASSES.

ONLY A SINGLE PERMITTED HOUSING TYPE TO INCLUDE APARTMENTS AND TOWNHOMES MAY OCCUPY A GIVEN BLOCK FACE.

SO IF YOU'VE GOT SF2 ON A BLOCK FACE, YOU CAN'T HAVE HDR.

RIGHT. LOOK AT THE MAP.

I THINK YOU'RE. I DON'T THINK WE'RE FIXING ANYTHING.

I THINK WE'RE BORROWING TROUBLE.

I THINK WE'RE DOING VIOLENCE TO HIS OWN CLASSIFICATION IN PURSUIT OF A PARTICULAR RESULT.

AND THAT'S NOT GOOD POLICY.

I WOULD ENCOURAGE YOU TO KEEP THE EXISTING LANGUAGE ON HDR.

IN OUR HANDOUT TO YOU, WE'VE TRIED AGAIN TO MAKE IT AS EASY AS POSSIBLE.

WE'VE GONE POINT BY POINT.

OUR EXPLANATION IS IN BLUE.

OUR ACTION RECOMMENDATIONS ARE IN GOLD.

BECAUSE THAT'S WHAT HAPPENS WHEN YOU LEAVE ME ALONE WITH A WORD PROCESSOR.

AND OUR PROPOSED CHANGES ARE IN GREEN.

BY AND LARGE, THEY'RE PRETTY LIGHT TOUCHES.

AND WE'RE AFTER THE SAME THING.

WE'RE TALKING ABOUT A SYSTEM HERE, NOT A PARTICULAR RESULT.

WE'RE TALKING ABOUT AN OVERALL SYSTEM.

AND IT'S MY UNDERSTANDING THAT THESE CHANGES NEED TO COME THROUGH P AND Z, WHICH IS WHY I TURNED AND ADDRESSED THEM FOR THE FIRST PART OF THIS.

AND THEY'VE GOT A BIG JOB IN FRONT OF THEM.

I DON'T WANT TO TAKE UP ANY MORE TIME DURING THE PUBLIC HEARING, BUT I'M HAPPY TO ANSWER QUESTIONS AS WE MOVE FORWARD.

THANKS, GUYS. IT'S A BORING BLACK GUY.

AGAIN. SORRY.

UNDER ITEM FIVE, ALL OF THE MINUTIA THAT I RAN THROUGH ON THE PLAT PROCESSES AND REQUIREMENTS AND THOSE TYPES OF THINGS, IT ESCAPED ME THAT THE ORIGINAL LANGUAGE HAD A TIP OF THE HAT TO THOSE PLATS THAT ARE IN THE ETJ.

AND THERE WAS JUST WE BROUGHT FORWARD LANGUAGE FROM OUR CURRENT CODE THAT SAYS HOW YOU HANDLE A PLAT IN THE ETJ.

FOR EXAMPLE, THERE'S A, THERE'S A CERTIFICATE FOR THE COUNTY JUDGE, SO FORTH.

NOW I HAVE TO ADMIT SOME IGNORANCE HERE THAT I'M NOT AS FAMILIAR WITH RECENT LEGISLATION AS AS CERTAINLY CHRISTIAN IS AND SOME OF THE OTHERS.

BUT MY QUESTION TIED TO THAT AMENDMENT NUMBER FIVE, SHOULD WE NOT STILL BE HAVING SIGNATURE BLOCKS FOR PLATS IN THE ETJ THAT REQUIRE COUNTY COUNTY JUDGE SIGNATURE, AT LEAST IN THE DRAFT THAT WE SAW THAT'S BEEN DROPPED OFF.

SO THAT'S A BE CAREFUL ABOUT THAT AND MAKE SURE WE DON'T MISS THAT, PLEASE.

THANK YOU. OH, LASTLY, I WANTED YOU TO KNOW I SHOULD HAVE STATED THIS FIRST.

I'M ALWAYS BACKWARDS, RIGHT? I WANTED YOU TO KNOW THAT THESE ITEMS ARE THINGS THAT WE HAVE DISCUSSED SORT OF IN PASSING WITH STAFF OVER THE LAST FEW WEEKS.

AND AND IT WAS RECOMMENDED TO US THAT WE CERTAINLY BRING THOSE TO YOU, YOU ALL HERE TODAY.

SO I WANTED TO LAY THAT GROUNDWORK FOR YOU HERE, THAT THAT THAT'S WHY WE'RE PRESENTING ALL OF THIS IN ONE FELL SWOOP TODAY.

WE WERE WE WERE ASKED TO DO IT THIS WAY.

AND AGAIN, WE'LL BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

[01:50:10]

MR. MAYOR. CITY COUNCIL PLANNING AND ZONING.

THANKS FOR HAVING ME.

MY NAME IS GEORGE HARDBERGER.

I LIVE AT 1602 TEXAS AVENUE.

I'M HERE TO TALK ABOUT THE HDR AMENDMENT.

I'LL BE VERY SHORT.

I THINK IT'S OBVIOUS FROM WHO SUBMITTED THE AMENDMENT THAT THIS AMENDMENT IS DIRECTED AT A SINGLE PROPERTY.

AND THAT'S A PROPERTY THAT MY COMPANY OWNS.

2601 19TH STREET.

YOU'VE ALL HEARD YOU'VE YOU'VE SEEN THE PRESENTATION THAT THE DEVELOPERS MADE ON THIS PROPERTY.

YOU KNOW ALL ABOUT IT, AS DO YOU FOLKS.

THIS NEIGHBORHOOD IS AFRAID WE'RE GOING TO COME BACK AND TRY IT AGAIN.

AND IT'S LIKELY WE WILL.

BUT I JUST THINK IT'S WRONG TO TO CHANGE SOMETHING FOR A SINGLE PROPERTY.

I DON'T KNOW WHAT THE RAMIFICATIONS WOULD BE IF IT WERE PASSED CITY, YOU KNOW, CITYWIDE RAMIFICATIONS.

BUT THE AIM HERE IS TO PREVENT US FROM BEING ABLE TO DO WHAT WE WANT TO DO THERE.

THAT'S IT. THANK YOU.

ARE YOU GOING? ALL RIGHT.

ANYONE ELSE WISHING TO SPEAK IN OPPOSITION TO A PROPOSED AMENDMENT? WHEATLEY. MR. MAYOR. COUNCIL PLANNING AND ZONING COMMISSION.

THOMAS PAINE.

I LIVE AT 15309 FM 1730.

I'M HERE TO SPEAK ABOUT THE PROPOSED AMENDMENT, ABOUT THE HEIGHT LIMITS AND HDR, BUT REALLY I'M HERE TO SPEAK TO YOU ALL ABOUT THE FUTURE OF OUR CITY.

I BELIEVE THAT CITIES SHARE SOME THINGS IN COMMON WITH PEOPLE.

AS PEOPLE, WE CAN HAVE MOMENTS THAT HAPPEN THAT WE WOULD LOVE TO HAVE CONTINUE FOREVER, JUST LIKE THEY ARE. I KNOW THAT ALL OF YOU WHO HAVE.

WHO HAVE KIDS. ALL OF YOU ALL AND EVERYBODY IN THE ROOM WHO HAS KIDS, YOU KNOW, WE HAVE MOMENTS WITH OUR KIDS THAT ARE SO INCREDIBLY GREAT THAT WE'D LIKE FOR THAT FEELING, FOR THOSE MOMENTS TO CONTINUE FOREVER.

BUT THEY DON'T AND THEY CAN'T BECAUSE THAT'S NOT THE WAY LIFE WORKS.

WE EITHER EMBRACE THE GOOD AND THE BAD AND MOVE FORWARD AS WE GO OR WE DON'T MOVE FORWARD.

AND IF WE DON'T MOVE FORWARD, WE'RE MOVING BACKWARDS.

IT IS NOT A CHOICE FOR US AS PEOPLE OR FOR THE CITY OF LUBBOCK OR ANY OTHER CITY TO STAY JUST LIKE IT IS.

I COULD GO BACK TO 2014 AND I'M NOT GOING TO TAKE A LOT OF TIME, BUT I'M GOING TO TAKE A LITTLE.

IN 2014, THERE WAS A VERY VOCAL CONSTITUENCY OF PEOPLE WHO WANTED LUBBOCK TO STAY LIKE IT HAD ALWAYS BEEN.

MR. PAINE, I AM GOING TO ASK YOU TO LIMIT THIS TO YOUR OPPOSITION TO A SPECIFIC PROPOSED AMENDMENT.

OKAY, I'LL BE GLAD TO DO THAT.

SO I'M SPEAKING IN REGARD TO THE AMENDMENT ABOUT PROPOSED HEIGHT LIMIT IN HDR, AND I'M SPEAKING ABOUT THE FACT THAT I CAN CONSIDER IT AN ATTEMPT TO KEEP LUBBOCK THE WAY IT WAS AND NOT MOVE FORWARD INTO THE FUTURE.

IS THAT FAIR? OKAY, STOP ME IF I GET OUT OF BOUNDS.

THERE WAS A VERY VOCAL CONSTITUENCY OF PEOPLE WHO WANTED LUBBOCK TO STAY THE WAY IT HAD BEEN, AND THERE WAS A LOT OF CONTROVERSY ABOUT SOME PROPOSED ANNEXATIONS AT THAT TIME.

AND HAD THAT CONSTITUENCY PREVAILED, THE CITY LIMITS OF LUBBOCK TODAY WOULD BE EXTREMELY DIFFERENT THAN IT IS NOW. THE CITY OF LUBBOCK WOULD BE PREPARING TO STAGNATE BECAUSE IT WOULD HAVE NOWHERE TO GROW.

IF WE DON'T EMBRACE GROWTH AND THINGS THAT REPRESENT PROGRESS INTO THE FUTURE, THEN WE ARE EMBRACING STAGNATION.

AND I BELIEVE THAT IF ANYTHING WERE GOING THE WRONG DIRECTION WITH THE ISSUE OF HEIGHT LIMITS ON A NINE LANE STATE THOROUGHFARE ACROSS THE STREET FROM TEXAS TECH UNIVERSITY, I BELIEVE THE HEIGHT LIMIT SHOULD BE HIGHER, NOT LOWER.

[01:55:01]

IN A RECENT CASE WHERE THAT WAS VOTED DOWN 4 TO 3, THAT WAS AT APPROXIMATELY 14TH AND AVENUE X, THAT PROPONENT PROVIDED A LOT OF TESTIMONY AND EVIDENCE AS TO WHY PEDESTRIAN STUDENT HOUSING PROJECTS NEED TO BE ABLE TO BE OF A CERTAIN SIZE IN ORDER TO BE ECONOMICALLY FEASIBLE.

IF WE MAKE THEM NOT FEASIBLE, THEN WE MAKE THEM NOT EVER GOING TO HAPPEN.

A LIMIT OF LESS THAN 75FT PROSPECTIVELY WOULD RENDER THEM NEVER GOING TO HAPPEN BECAUSE THEY CANNOT BE LARGE ENOUGH TO HAVE ENOUGH DOORS FOR THE ECONOMICS TO WORK.

THE PEDESTRIAN STUDENT HOUSING DEVELOPERS ARE WATCHING CLOSELY.

IF WE START LOWERING THAT HEIGHT LIMIT, THEY WILL BE GONE AND THEY'RE NOT GOING TO COME BACK.

THEY'RE GOING TO GO TO A&M WHERE, FOR EXAMPLE, THEY JUST GOT A 16 STORY PEDESTRIAN STUDENT HOUSING PROJECT APPROVED.

A&M WILL HAVE A RECRUITING ADVANTAGE OVER TEXAS TECH AS A RESULT.

WE NEED TO CONSIDER THIS CAREFULLY BEFORE WE ACT ON THAT AMENDMENT.

I'M OPPOSED TO IT.

THANK YOU, MR. PAYNE.

MR. MAYOR. COUNCIL.

MR. CHAIRMAN.

PLANNING ZONING COMMISSION.

I'M OBVIOUSLY OPPOSED TO KEEPING THAT HEIGHT, THAT 75FT, I THINK, FOR A THRIVING COMMUNITY IS TO LOOK AT THE TEXTURE. MR. VOLKER YOU'RE SPEAKING TO A SPECIFIC AMENDMENT THAT YOU'RE IN OPPOSITION TO KEEPING THE CODE AS IT IS.

YOU PROPOSED AN AMENDMENT I DID RESTRICTED THIS TO 45.

SO WE HAVE THAT, AS I BELIEVE, ITEM NUMBER 16.

YES, THAT'S ITEM NUMBER 16.

SO YOU HAVE A PROPOSED AMENDMENT THAT WILL BE CONSIDERED.

ARE YOU SPEAKING AGAINST A SPECIFIC AMENDMENT ONE THROUGH 20? I'M SPEAKING AGAINST KEEPING THE HEIGHT AS IT IS IN IN THE THAT 75 FOOT HEIGHT, WHICH I'VE ALREADY DONE.

MS. SAGER WHICH AMENDMENT IS THAT SPECIFICALLY? I THINK I'M 15 OR 16.

OH, SORRY. YOU'RE FINE, MR. ATKINSON. THANK YOU, MR. MAYOR. I DO NOT BELIEVE THERE IS AN AMENDMENT TO LEAVE IT AT 75 FOOT.

THAT IS WHAT IS PROPOSED IN YOUR UDC.

MR. FALK'S AMENDMENT HAS BEEN NUMBERED NUMBER 16, AND THAT IS TO MAKE IT LESS THAN 16.

RIGHT. SO THERE'S NO THERE'S NO PROPOSED AMENDMENT.

OKAY, THEN I'LL WITHDRAW.

THANK YOU. ALL RIGHT.

I WILL NOW AT THIS TIME CLOSE THE PUBLIC HEARING.

MR. SAWYER AND WILL CLOSE THE PUBLIC HEARING AS WELL.

BACK TO YOU. ALL RIGHT.

WE HAVE JUST A MINUTE.

I SEE ANY OTHER SPEAKERS IN OPPOSITION.

YOU MAY STEP FORWARD NOW.

I APOLOGIZE.

I WASN'T QUITE SURE WHERE I FIT IN HERE.

I HAVE A PROPOSAL TO AMEND THE 13TH AMENDMENT.

DOES THAT MAKE SENSE? I'M JANE HENRY. I LIVE AT 5233 20TH STREET.

SO ARE YOU AGAINST THE PROPOSED AMENDMENT BY MISS CRITES AND MISS JOY? NO, I JUST HAVE AN AMENDMENT TO IT.

OKAY. YOU SPECIFICALLY JUST STATE WHAT THAT IS.

MAY BE BETTER, MR. WEAVER, TO GATHER THAT FROM HER AFTERWARDS.

OKAY. YOU CAN GO AHEAD AND READ THAT IF YOU WOULD LIKE TO.

OKAY. I APOLOGIZE.

MY RECORD IT.

MY VISION IS NOT SO GOOD.

SO THIS IS GOING TO BE UGLY.

I MOVED TO AMEND THE FOLLOWING PROVISIONS OF THE ORDINANCE BEFORE US REQUIRING PARKING REQUIREMENTS FOR APARTMENTS.

CURRENTLY, TABLES 39.0 2.004.D-3.

39.02 .00.

4.E-3 AND 39.0 3.009-1.

STATE THE FOLLOWING AND IF YOU'D LIKE, I'LL SKIP THAT SINCE YOU ALREADY HAVE WHATEVER IS FOLLOWING AND JUST GO RIGHT TO THE CHANGE.

WOULD THAT FACILITATE? YES, MA'AM. I THINK WE HAVE THIS ONE IN FRONT OF US.

OKAY. THEN THE I MOVE TO AMEND THE SAID REQUIREMENTS TO REFLECT THE FOLLOWING ONE PARKING PLACE

[02:00:06]

PER EACH DUE, WHICH I THINK IS A DWELLING UNIT 1.5 PER DUE WITH ONE BEDROOM, TWO PER PER DUE WITH TWO BEDROOMS, 2.5 PER DUE WITH THREE PLUS BEDROOMS AND ONE ADDITIONAL SPACE FOR EVERY DUE, EVERY FOUR DUES IN THE DEVELOPMENT.

THANK YOU. ALL RIGHT, MR. ATKINSON, I THINK I HAVE THAT AS SLIGHT INCREASE IN CHANGES THERE FROM THAT ONE.

WAS THAT 1.5 PER TWO BEDROOMS AND THEN 2.5 FOR THREE PLUS 1.5 FOR ONE BEDROOM, TWO FOR TWO DOES FOR TWO BEDROOMS, 2.5 WITH THREE PLUS BEDROOMS AND ONE ADDITIONAL SPACE FOR EVERY FOUR DUES IN THE DEVELOPMENT.

WOULD YOU LIKE FOR ME TO EMAIL THIS TO YOU, MR. MAYOR? THE THAT IS WHAT WE NOW HAVE IS AMENDMENT NUMBER THREE.

OKAY. THAT'S WHAT I THOUGHT FROM MISS JOY.

SO IT MATCHES MISS HENRY.

THANK YOU. OKAY. THANK YOU VERY MUCH.

THAT'S THE ONE WE HAVE LISTED AS NUMBER 13.

HELLO, MY NAME IS EMILY HOBSON.

I LIVE AT 9701 WEATHERFORD AVENUE.

THE AMENDMENT THAT I AM IN OPPOSED TO IS THE LEGAL DEFINITION FOR FAMILY, BECAUSE PEOPLE DID MAKE GOOD POINTS.

THERE ARE BLENDED FAMILIES THAT ARE NOT NECESSARILY BIOLOGICALLY RELATED, BUT THE PROBLEM WITH IT IS BASICALLY, YOU KNOW, COLLEGE STUDENTS WILL ALL LIVE TOGETHER AND HAVE SEPARATE LEASES.

SO WHAT I THINK THE BETTER DEFINITION WOULD BE IS THAT EVERYONE LIVING IN THE SINGLE FAMILY HOME IS UNDER THE SAME LEASE, WOULD BE CONSIDERED A FAMILY UNIT INSTEAD OF EACH ROOM GETS THEIR OWN SEPARATE LEASE, WHICH HELPS THESE DEVELOPERS BE ABLE TO RENT OUT MORE AND TAKE UP THESE SINGLE FAMILY HOMES.

THANK YOU, MA'AM. RICHARD MURPHY 2911 20TH STREET.

I THINK I KNOW THE ANSWER, BUT IF YOU'LL FORGIVE ME FOR ASKING, WOULD IT BE APPROPRIATE TO RESPOND TO ANY OF THE OPPOSITION THAT WAS MADE? NO, SIR. THANK YOU.

PROFESSOR, I THINK IT'S IN CIVIL PROCEDURE SOMEWHERE.

YOU COULD PROBABLY TELL ME HE'S THE EXPERT ON CIPRO.

I KNOW THAT FOR SURE.

ALL RIGHT. ANYONE ELSE WISHING TO SPEAK IN OPPOSITION? ALL RIGHT. I THINK, MR. SAWYER, I CAN CLOSE THE PUBLIC HEARING AT THIS TIME.

I WILL AS WELL. ALL RIGHT.

SO WE WILL CLOSE THE PUBLIC HEARING.

I'D LIKE TO SAY THIS.

I BELIEVE PNC WILL HAVE AN OPPORTUNITY TO DISCUSS PUT THESE TOGETHER.

AND WE'VE GOT AMENDMENTS THROUGH, I BELIEVE, 2019, SOMEWHERE IN THERE THROUGH 22.

ALL RIGHT. SO WE WILL PUT THOSE TOGETHER FOR PNC.

I BELIEVE YOU'RE SCHEDULED FOR THE SEVENTH.

I'D JUST LIKE TO SAY, I KNOW THIS.

THIS HAS NEVER BEEN DONE, OR AT LEAST IN A LONG, LONG TIME SINCE THE EARLY 70S.

SO SOME OF THIS IS FAIRLY NEW FOR US AS A CITY, AS A CITY COUNCIL, AS AS STAFF AND PLANNING AS WELL.

BUT THIS IS A LIVING DOCUMENT AND THIS IS NOT GOING TO JUST HAVE A DECISION MADE NEXT WEEK AND THEN COME TO THE COUNCIL.

WE HAVE INTENDED REVIEWS EVERY SIX MONTHS, AT LEAST INITIALLY, SO WE CAN TAKE A LOOK AT THIS AND TWEAK IT AND CHANGE IT AND MAKE CHANGES.

AND THAT WAS THE GOAL ALL ALONG.

ALL ALONG.

SO THIS WASN'T INTENDED TODAY AND I THINK IT WAS POSTED THE WAY IT WAS POSTED FOR US TO SAY WE WANT TO NOT HAVE OPENED UP THE ENTIRETY OF THE UDC.

THAT HAS BEEN DONE WITH COUNCILS BEFORE US FOR FIVE YEARS.

THE GOAL WAS, LOOK, LET'S LOOK AT PROPOSED AMENDMENTS TODAY, GET THOSE BACK TO PNC, LET THEM MAKE A DECISION AND THEN WE CAN TWEAK AND CHANGE AS THINGS GO FORWARD.

BUT BY NO MEANS DOES THIS COUNCIL INTEND TO SAY, WELL, ONCE IT'S DONE THIS NEXT GO AROUND, IT'S NEVER GOING TO CHANGE? AND SO I THINK IT'S IMPORTANT FOR PEOPLE TO UNDERSTAND THAT THIS WILL CONTINUE TO EVOLVE AND IT WILL CONTINUE TO CHANGE.

THE LEGISLATION CHANGES.

THEY CHANGE THE RULES ON US.

AND SO WE HAVE TO DEAL WITH LEGISLATION, CHANGES ON THINGS LIKE AMORTIZATION, THE LEGISLATION MAKE CHANGES ON NOTICE PROVISIONS, AND WE HAVE TO DEAL WITH THAT.

AND SO I WANT EVERYONE TO KNOW WE'RE TRYING TO CONTINUE TO MOVE FORWARD AND MAKE THIS THE VERY BEST FOR THE CITY OF LUBBOCK.

AND I THINK THAT'S WHAT COUNCIL IS TRYING THEIR VERY BEST TO DO.

ANY OTHER COMMENTS? MR. SAWYER? ANYONE YEAH.

YOU ARE WELCOME TO KEEP YOUR MEETING OPEN.

BUT AS FOR CITY COUNCIL, WE WILL BE ADJOURNED.

[02:05:02]

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.