[00:00:04]
[1. Call to Order]
SCOTT, WELCOME BACK.HE WAS ON P&Z BACK WHEN I FIRST STARTED AND NOW HE'S BACK AGAIN.
ALL RIGHT. MY NAME IS JOHN SAWYER, THE CHAIR.
THIS IS THE PLANNING AND ZONING COMMISSION MEETING FOR DECEMBER 7TH, 2023.
WE'LL HEAR THE CASES IN THE ORDER THEY APPEAR ON OUR AGENDA.
FIRST MATTER OF BUSINESS CITIZEN COMMENT.
CITIZEN. WE HAVE ONE CITIZEN COMMENT.
SO YOU'LL HAVE THREE MINUTES TO SPEAK WHEN YOU COME FORWARD, AND WHEN YOU HAVE 30 SECONDS LEFT, WE WILL SOUND A BELL. THANK YOU, AND WE WILL HAVE ANDY HUTCHINSON.
ALL RIGHT. YOU WANT TO. YOU'RE .
YOU GOT THREE MINUTES, AND HE'S SPEAKING OF 3.1.4.
YEAH. IF YOU'LL STATE YOUR NAME AND ADDRESS, PLEASE.
I'M ANDY HUTCHINSON, 7704 TRENTON AVENUE.
I'M ABOUT 200FT AWAY FROM WHERE THIS THIS PROPERTY.
WHEN THAT AREA WAS ANNEXED, THERE IS A GROUP OF US THAT MET WITH, REPRESENTING PAPALOTE SOUTH AND PAPALOTE AND RANCHO VERDE SPECIFICALLY. WE SAT DOWN AND MET WITH THE CITY STAFF AND MET WITH SEVERAL OF OUR CITY COUNCIL MEMBERS AND VISITED WITH THEM, AND BASICALLY WHEN THIS WAS ANNEXED, WE DID NOT CONTEST IT BECAUSE WE REACHED SOME AGREEMENTS BEFORE IT HAPPENED AND PART OF THOSE AGREEMENTS WERE IS, HEY, WE'RE NOT GOING TO CHANGE ANYTHING.
WE'RE GOING TO KEEP THINGS AS THEY ARE WITHIN REASON, AT THIS POINT IN TIME, WHAT WE'RE LOOKING AT, THE ZONING CASE THAT YOU ALL ARE DEALING WITH RIGHT NOW IS WE'VE GOT A PIECE OF PROPERTY OWNERSHIP HASN'T CHANGED.
INTENT AND USE OF THE PROPERTY HASN'T CHANGED.
THE ONLY THING THAT'S GOING ON IS THEY'VE GOT TO SIGN.
IT JUST NEEDED TO BE FULLY REPLACED.
THAT'S ALL. WE'VE GOT THE WHOLE PURPOSE AS I SEE IT.
YOU KNOW, I TRY TO TAKE A LOGICAL LOOK AT THIS.
WE LOOK AT REZONINGS AND THINGS LIKE THAT, BECAUSE YOU WANT TO CONTROL WHAT THE USE OF THE LAND IS AND YOU WANT TO BE REASONABLE AND YOU WANT TO, YOU KNOW, HAVE SOME GOOD EFFECT ON WHAT THAT PROPERTY IS GOING TO BE USED FOR.
THIS IS COMPLETELY THROWING THE BABY OUT WITH THE BATHWATER IN THIS PARTICULAR CASE.
THERE'S NOTHING CHANGING ON THIS.
PROPERTY OWNERSHIP HASN'T CHANGED.
THEY JUST WANT TO REPLACE AND FIX THE SIGN THAT THEY HAD.
IF WE OPEN PANDORA'S BOX RIGHT NOW, WE GO THROUGH AND TAKE THAT PROPERTY AND REZONE IT.
IF THAT PROPERTY LATER ON DOES CHANGE OWNERSHIP.
THE HORSE IS ALREADY OUT OF THE BARN.
ANYTHING COULD BE DONE TO THAT PROPERTY.
I THINK THE WHOLE REASON WE GO THROUGH THIS PROCESS, WE HAVE, YOU KNOW, STAFF, FOR WHATEVER REASON, HAS DECIDED THAT THEY WANT TO BEFORE THEY ISSUE A SIGN PERMIT, THEY WANT TO HAVE THIS ZONING CHANGE AND I JUST, YOU ALL GET MY POINT.
I JUST DON'T THINK IT'S NECESSARY AT THIS POINT IN TIME.
SO I'M AGAINST THE ZONING CHANGE.
OKAY, THAT CONCLUDES CITIZEN COMMENT.
[2. Approval of Minutes]
WE NEED TO APPROVE THE MEETING MINUTES FOR NOVEMBER 6TH, 2023.SECOND TERRI. ALL IN FAVOR? AYE. ALL OPPOSED? AND [INAUDIBLE] NO MORE PLATS.
WE'RE DONE WITH PLATS SO WE CAN JUMP RIGHT INTO ZONE CASES.
SO WE'LL MOVE ON TO 3.1.1 OF THE AGENDA.
[3.1 Zone Changes - Public Hearings [Planning & Zoning Commission makes recommendation; City Council has final authority for approval.]]
ZONE CASE 1511.YEAH. THAT'S GREAT. YES, MA'AM.
GOOD EVENING. MY NAME IS CASSIE [INAUDIBLE].
THE REQUEST IS FOR A REZONE FROM NEIGHBORHOOD COMMERCIAL TO AUTO URBAN COMMERCIAL DISTRICT.
WE SENT OUT 16 NOTIFICATIONS, HAVE RECEIVED ZERO IN FAVOR AND ONE IN OPPOSITION.
[00:05:02]
THIS PROPERTY IS IN DISTRICT THREE, LOCATED NORTH OF 50TH STREET AND EAST OF SALEM AVENUE.HERE IS [INAUDIBLE] NOTIFICATION MAP.
THESE BOUNDARIES ENCOMPASS ALL PROPERTY OWNERS WHO HAVE RECEIVED LETTERS WITHIN THE 400FT AREA.
HERE IS AN AERIAL VIEW OF THE SUBJECT.
PROPERTY. THE PROPERTY IS ADJACENT TO SINGLE FAMILY RESIDENCES TO THE NORTH, AN AUTO REPAIR BUSINESS TO THE EAST, PROFESSIONAL SERVICE BUSINESSES TO THE SOUTH, AND A FAST FOOD RESTAURANT TO THE WEST.
THE SUBJECT PROPERTY IS CURRENTLY ZONED NEIGHBORHOOD COMMERCIAL DISTRICT.
NEIGHBORING PROPERTIES ARE ZONED LOW DENSITY SINGLE FAMILY DISTRICT.
THE FUTURE LAND USE MAP DESIGNATES THIS AREA FOR COMMERCIAL LAND USES.
THE PROPOSED ZONE CHANGE TO A-C IS IN CONFORMANCE WITH THIS DESIGNATION.
HERE ARE PHOTOS OF THE SUBJECT, PROPERTY AND THE SURROUNDING AREA.
THE REQUESTED ZONE CHANGE REQUEST COMPLIES WITH THE ZONING ORDINANCE.
IT'S FITTING FOR THE PROPOSED LOCATION.
ADDITIONALLY, THIS PROPOSED CHANGE ALIGNS WITH THE SURROUNDING AREA, MAINTAINING THE CURRENT DEVELOPMENT'S CHARACTER WHILE BEING APPROPRIATE FOR THE NEIGHBORING COMMERCIAL USES. IN.
LOCAL STREETS TYPICALLY PROVIDE ACCESS TO SMALLER DESTINATION ORIENTED AREAS.
STAFF RECOMMENDS APPROVAL OF THIS REQUEST AND WE CAN TAKE ANY QUESTIONS AT THIS TIME.
SO REGARDING THE SPECIFIC USE, ARE WE EVEN CONSIDERING THE SPECIFIC USE THAT'S NOT TO BE HEARD? IS IT NOT CORRECT? EVEN THOUGH IT IS ADVERTISED IN THAT MANNER? THERE ARE CERTAIN PREREQUISITE REQUIREMENTS WITHIN THE UNIFIED DEVELOPMENT CODE THAT A SPECIFIC USE FOR SMOKE SHOP HAS TO MEET.
IT CANNOT BE LOCATED WITHIN 600FT OF A CHURCH OR A SCHOOL.
SO SINCE IT DOES NOT MEET THAT REQUIREMENT, THE APPLICANT CANNOT REQUEST THE SPECIFIC USE.
OKAY. SO BEFORE BEFORE WE GET INTO MOTIONS THAT NEEDS TO BE READ THAT WAY THAT WE'RE NOT TAKING INTO ACCOUNT A-C WITH SPECIFIC USE FOR A SMOKE SHOP.
RIGHT, THE MOTION WILL BE ONLY FOR THE A-C, ONLY THE A-C.
OKAY. DOES THAT MAKE SENSE? THERE'S A SLIDE ON OUR TABLET THAT SHOWS LIKE A CIRCLE BOUNDARY.
DID THAT COME ON? DID YOU SHOW THAT ONE OR IS IT JUST.
OKAY 1040. IT HAS SINCE THEN BEEN UPDATED.
OKAY. ANY OTHER QUESTIONS FOR STAFF? AS OF NOW, NO I DO. I JUST HAVE ONE QUESTION.
HOW DOES GO BACK TO TWO? BECAUSE WE'VE HAD THIS SAME PROPERTY BEFORE THAT CAME BACK IN WITH THE ISSUES WITH THE U-HAULS AND THAT BEING DENIED IS THE U-HAULS.
IT'S MY UNDERSTANDING THEY'RE IN VIOLATION CURRENTLY BECAUSE THE CITY COUNCIL DENIED ALL THAT.
CORRECT. DOES THIS CHANGE THAT TO ALLOW THEM TO HAVE THE U-HAULS? IF THE ZONING IS APPROVED, THEY WILL BE ALLOWED THE U-HAULS.
OKAY. OKAY, SO GO BACK TO THE EXISTING ZONING, PLEASE. SO THE EXISTING THERE IS A-C, WHICH IS THE OLD C-3 TO THE EAST ON LOT 112 AND LOT 111. RIGHT.
CORRECT. OKAY, AND WHAT IS THAT CURRENT, USE RIGHT NOW? DOES ANYONE KNOW WHAT THAT BUILDING IS? 111 112 111.
WHAT'S GOING ON THERE? ONE'S AN AUTO REPAIR SHOP, AND I THINK THE LITTLE FIRST ONE'S THE LITTLE THE TACO [INAUDIBLE] DOS HERMANAS OR SOMETHING, IT'S A LITTLE FOOD ESTABLISHMENT USED TO BE A SMOKE SHOP BEFORE THAT.
CAN YOU ELABORATE A LITTLE BIT ON THE U-HAUL? YOU SAY NON-CONFORMING.
WELL IT'S BEEN NON-CONFORMING BECAUSE IT CAME TO US ONE TIME AND WE TURNED IT DOWN.
[00:10:03]
SO, MR. CHAIRMAN, IT'S ACTUALLY ILLEGAL.IT'S NEVER BEEN LEGAL, SO IT WOULDN'T BE NON-CONFORMING, AND IT WASN'T APPROVED BY CITY COUNCIL OR PLANNING AND ZONING? NO. RIGHT. IT'S STILL BEING USED THAT WAY? YES. OKAY.
SO IF IT GOES TO THE A-C THEN IT WOULD BE ALLOWED.
THAT'S A GOOD SONG. BABA O'RILEY.
ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF AT THIS TIME? NO. OKAY, THEN WE'LL GO AHEAD.
WE'LL OPEN THE PUBLIC HEARING, AND IS THE APPLICANT HERE OR HIS OR HER REPRESENTATIVE? YES, SIR. IF YOU'LL PLEASE STATE YOUR NAME AND ADDRESS, PLEASE.
YES, THIS IS RAMESH KRISHNAN, 4502 50TH STREET.
ALL RIGHT. I'M THE OWNER OF THE PROPERTY.
LIKE YOU ALL SAID, WE DID COME BACK IN MARCH, PRIMARILY FOR THE, CBD SHOP.
IT WAS A PRIMARILY A CBD SHOP WITH WHY DON'T YOU ELABORATE ON WHAT THAT IS? WELL, IT'S A CBD SHOP VERSUS SLASH VAPE SHOP.
OKAY. WE DON'T SELL ANY TOBACCO IN THERE AT ALL.
JUST E-CIGARETTES, TOBACCO FREE E-CIGARETTES, CBD PRODUCTS AND HEMP DERIVED PRODUCTS.
SO BACK IN MARCH, WHEN WE APPLIED FOR THE FROM C-2 TO C-2A, A, THE PLANNING AND ZONING COMMISSION APPROVED IT AND CITY COUNCIL, APPARENTLY I WASN'T HERE.
THEY DISAPPROVED. THEY THOUGHT THAT MONTERREY'S, WHICH IS ON INDIANA, THEY THOUGHT IT WAS ON 50TH AND QUAKER AND THEY SAID, NO, IT'S TOO CLOSE TO THE SCHOOL.
WE'RE 1.3 MILES AWAY FROM THE SCHOOL.
SO THAT'S WHY I WAS STRUCK DOWN AND SAID LIKE, NO.
SO WE REAPPLIED BECAUSE THEY SAID U-HAUL.
THEY WANTED TO START A U-HAUL IN THERE AND THEY SAID, HEY, THAT NEEDS A C-4 ZONING.
SO WE CAME BACK AND LOOKED AT THREE DOORS DOWN.
WE HAD A C-4, WHICH IS FOR THE, YOU KNOW, UH, REZONING TO C-4.
SO THAT GOT TURNED DOWN SAYING LIKE, NO, YOU CAN'T, YOU KNOW, SO WE'RE UDC CODE CAME IN.
AT LEAST I'M NOT THE SMOKE SHOP IN CBD SHOP.
I PUT IN A LOT OF MONEY TO MODEL THAT PLACE.
QUARTER OF A MILLION. ONE IS EMPTY.
HE'S IN ONE. THE U-HAUL IS ONE, SO BOTH ARE GONE.
WE'RE GOING TO HAVE AN EMPTY LOT SITTING THERE FOR A WHILE.
THAT THIRD UNIT HAS BEEN EMPTY FOR THREE MONTHS, SO.
THEN I'VE GOT A LOT OF MONEY TIED UP IN MY OWN IN THAT STORE TOO.
THINGS THAT I'VE DONE TO IT TOO, AND I'M JUST GONNA LOSE IT ALL IF YOU ALL SHUT ME DOWN.
SO JUST CLARIFYING, YOU ARE STILL RUNNING THE U-HAUL? YES. THE U-HAUL.
THE REASON WE STILL RAN IT WAS WHEN WE APPLIED.
SO IT WAS NEVER NOT REAPPLIED AND WE WERE ILLEGALLY USING IT.
SINCE WE REAPPLIED, IT WAS STILL IN THE MEANTIME, YOU KNOW, AND THEN WHEN THE SECOND TIME WHEN IT GOT, UH, FIRST TIME IT WAS FOR THE SHOP, CBD SHOP THAT GOT TURNED DOWN AND THEN ONLY THEY STARTED THE U-HAUL.
SO IT'S NOT LIKE WE WANTED TO PUT THAT IN THERE ILLEGALLY TILL YOU ALL CITE US.
THE QUESTION IS, THOUGH, WE CAN'T CONSIDER THE SPECIFIC USE TO HAVE THE SMOKE SHOP; THE ONLY THING WE CAN LOOK AT IS JUST TO CHANGE IT TO A-C, CORRECT? RIGHT.
OKAY. I'M JUST TRYING TO MAKE SURE BECAUSE I'M GETTING A LITTLE--AND THAT'S LEGAL ACROSS THE BOARD.
WE'RE NOT. RIGHT. SO CURRENTLY THE TWO USES THAT ARE HAPPENING AT.
THAT PROPERTY, THE CBD, WHICH IS CATEGORIZED AS A SMOKE SHOP IN THE ZONING CODE AND THE U-HAUL TRAILERS RENTALS, BOTH ARE ILLEGAL USES.
OKAY. EVEN IF WE WENT TO THE A-C, A-C WOULD LEGALIZE WOULD STILL BE ILLEGAL, A-C WOULD RIGHT, AND THEN WOULD LEGALIZE THE RENTALS OF THE U-HAUL.
SO IF I MAY ASK A QUESTION, IS THE CBD SHOP ITSELF IS GOING TO BE ILLEGAL? NOT THAT HE'S SAYING IT'S NOT A SMOKE SHOP CATEGORIZATION.
SO I'M CONFUSED. I DON'T KNOW, I'M JUST ASKING A QUESTION.
I HAVE AN E-CIGARETTE PERMIT FROM A CONTROLLER.
[00:15:02]
NO, IT'S BASED ON OUR ZONING CODE, AND THE DEFINITION FOR A SMOKE SHOP.OH E-CIGARETTE IS A SMOKE SHOP.
OKAY, I DON'T KNOW, I'M JUST ASKING.
OKAY. WELL, THAT WAS KIND OF WHERE I WAS TRYING TO GO.
WE'RE NOT EVEN HEARING THAT. WE'RE NOT EVEN GOING TO CONSIDER IT TONIGHT.
IT'S A NON-NEGOTIABLE, I GUESS.
YEAH. SO I MEAN, IT'S ILLEGAL.
OKAY, WELL THEN HERE'S MY QUESTION.
I MEAN, I'VE BEEN OPEN SINCE JANUARY OF THIS YEAR, AND SO WHAT'D I DO? WELL, IT'S ILLEGALLY OPEN, AND [INAUDIBLE] RIGHT. THAT WOULD BE FOR CITY STAFF TO ENFORCE.
THAT WOULD BE CITY STAFF TO ENFORCE.
WE DON'T HAVE ANYTHING TO DO WITH THAT.
I KNOW, BUT IF ONE OF YOUR GUYS COMES BY, THEY'RE GOING TO WRITE ME A TICKET IF I'M OPEN.
SO, I MEAN, THAT'S DEFEATING THE PURPOSE TO ME WHAT I'M TRYING TO DO.
AM I OPEN OR CLOSED? I GUESS I'M CLOSED, ACCORDING TO YOU ALL.
WELL, I KNOW YOU'RE TELLING ME I'M ILLEGAL.
THEY'VE ALREADY COME BACK. OKAY.
SO LET'S STAY ON COURSE WITH A-C.
AT THE MOMENT WE'RE NOT GOING TO CONSIDER THE SMOKE SHOP OR THE SPECIFIC USE.
ALL RIGHT SO WE'RE BACK TO THE U-HAUL SITUATION.
THAT WAS IN JULY WHEN THE C-4 WAS REQUESTED C-4, BUT ALSO FOR THE U-HAUL.
I DON'T THINK IT WAS MONTEREY, THE SCHOOL THAT THEY WERE CONCERNED ABOUT.
I GOT A CALL. IT WAS APPROVED AND THEN PRESENTED TO THE CITY COUNCIL AND CITY COUNCIL.
I WASN'T HERE, AND THEY [INAUDIBLE] THE SCHOOL TO BE ON THE CORNER.
OKAY. SO THE CORNER OF 50TH AND QUAKER, IT WAS ON THE CORNER OF 50TH AND INDIANA.
THEY'RE STILL OPERATING TODAY, SIX MONTHS LATER, BUT IF THE CASE YOU'RE STATING IS BECAUSE YOU WERE REAPPLYING, AND I'M ASSUMING IT HAD TO DO WITH THE UDC. UDC, EXACTLY.
THAT'S AS TO THE SMOKE SHOP ISSUE.
SO APPLY FOR BOTH TOGETHER IS WHAT THEY SAID BUT THEN THE PLANNING COMMISSION, THEY CAME UP, P&Z CAME AND SAID LIKE, HEY, YOU HAVE A ISSUE WITH THE PERIMETER OF 600FT? THAT'S WHAT THE UDC STATES, BUT WHO'S THEY? WHEN YOU SAY THEY SAID IT WOULD BE APPROVED, THE OFFICE HERE, THE CITY STAFF, THEY CALLED US AND LET US KNOW THAT YOU THEY SAID YOU CANNOT BE APPROVED BECAUSE OF THE CHURCH BEING WITHIN 600.
CITY COUNCIL, WHEN THEY LEFT, THEY SAID, DON'T LOSE HOPE.
YOU CAN STILL APPLY ON THE UDC CODE, AND THERE IS A.
BUT THEY DIDN'T SAY IT WOULD BE APPROVED.
THEY JUST SAID NO. THEY DIDN'T SAY THEY WOULD BE APPROVED.
YOU CAN STILL APPLY AND HOPE IT WILL GET APPROVED.
OKAY. WHAT THEY SAID. SO THAT'S THE REASON WHY YOU'RE STILL OPERATING WITH THE RIGHT RIGHT.
RIGHT. YEAH. SO HERE WE ARE N-C USED TO BE C-1, C-2 AND A-C IS NOW THE OLD C-3 RIGHT.
NO I WAS JUST GOING BACK TO THE PART.
JUST SAYING. THEY SAID IT WOULD BE APPROVED, BUT THEY JUST SAID YOU COULD REAPPLY.
THEY SAID YOU HAVE A [INAUDIBLE] THE POINT YOU MADE EARLIER WAS THAT'S CURRENTLY NEXT TO C-3.
IT'S CURRENTLY NEXT TO OTHER A-C WHICH IS OTHER C-3, FORMERLY C-3 C-3.
[INAUDIBLE] GOT TO GET USED TO THE NEW TERMINOLOGY OKAY.
ALL RIGHT. IT WAS DENIED BY US AND CITY COUNCIL [INAUDIBLE] CORRECT.
BECAUSE THOUGH THE REASON BECAUSE OF THE SMOKE SHOP WAS THAT NOT THAT WAS.
[00:20:07]
A USE THAT WAS ILLEGAL, AND THEY WERE OFFENDED THAT HAD BEEN TAKING PLACE AND WEREN'T GOING TO JUST APPROVE IT AFTER THE FACT IS WHAT THE DISCUSSION WAS, BUT YOU WEREN'T HERE.WE'RE TALKING ABOUT THE U-HAULS.
WE APPLIED ONLY ONE TIME. THIS UDC IS THE SECOND TIME WE'RE APPLYING.
WE DIDN'T APPLY THE FIRST TIME.
THE U-HAUL WASN'T EVEN EXISTING.
I CAN SHOW YOU PROOF. IT WAS APPLIED.
IT'S CALLED C-4. BACK THEN THEY SAID IT'S THEY APPROVED THE AUTO U-HAUL AUTOMATICALLY.
THE SHOP WOULD GET APPROVED TO APPLY IT AGAIN.
OKAY. ALL RIGHT, I THINK I GOT IT RIGHT.
ANY OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME? GOOD. OKAY.
SO, IS THERE ANYONE HERE TO SPEAK IN OPPOSITION OF THIS ZONE CASE? YES, MA'AM.
IF YOU'LL PLEASE COME, STATE YOUR NAME AND ADDRESS.
IDA BLESSING 7206 78TH STREET.
I JUST WANTED TO SAY I WENT TO EVANS JUNIOR HIGH, WHICH IS NOW EVANS MIDDLE SCHOOL.
IT'S ABOUT A BLOCK EAST OF QUAKER OFF OF ON 58TH, SO I DON'T KNOW HOW CLOSE THAT IS TO THE CBD SHOP AND THE WHAT WE'RE DISCUSSING HERE.
I DIDN'T COME FOR THIS CASE, BUT I HAD A COMMENT.
IS THERE ANYONE ELSE HERE TO SPEAK? IN OPPOSITION? NOT SEEING ANY.
IS THERE ANYONE HERE TO SPEAK IN FAVOR? NOT SEEING ANY. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND MAKE A MOTION FOR PURPOSES OF THE DISCUSSION, MOVE TO APPROVE ZONING CASE 1511-0.
SO YEAH, TO ME, GO BACK TO MY ORIGINAL COMMENT SINCE THERE'S OTHER A-C RIGHT NEXT TO IT.
I UNDERSTAND THERE'S BEEN A LOT OF CONFUSION ABOUT WHERE WE STARTED AND HOW WE GOT HERE.
I'M LOOKING AT IT JUST AS TODAY.
LIKE I'M JUST SEEING THE CASE TODAY.
I'M FINE WITH IT BEING GOING TO A-C JUST BECAUSE IT'S NEXT TO OTHER A-C RIGHT THERE.
IF THAT WAS ALL IN, N-C DOWN THE ROAD, PROBABLY NOT, BUT THERE IS A A-C RIGHT NEXT DOOR.
I MEAN, IT'S 50TH STREET, LIKE A [INAUDIBLE] ALL UP AND DOWN.
THE THING THAT STICKS IN MY MIND, THOUGH, IS HOW IT'S JUST OPERATING WHEN IT WASN'T APPROVED.
UH, JUST KIND OF THE LEVEL OF DISRESPECT TO CITY COUNCIL.
YEAH, I AGREE WITH WHAT YOU SAID, JORDAN.
FROM A FROM A ZONING STANDPOINT AND ANY OTHER TYPICAL SITUATION.
YEAH, I DON'T HAVE A PROBLEM WITH THIS, BUT THE WAY THAT THIS SPECIFIC PROPERTY HAS GONE DOWN FOR THE PAST, THIS IS OUR THIRD TIME IS JUST IT HIGHLY IRRITATES ME, THAT'S ALL.
I'M WITH YOU TOO, AND I WANT CITY COUNCIL TO KNOW THAT AND IT JUST KEEPS COMING BACK UNTIL THEY GET WHAT THEY WANT.
WE'RE JUST GOING TO KEEP DOING IT AND KEEP CHANGING IT UNTIL WE GET WHAT WE WANT.
OKAY. ANY OTHER DISCUSSION? MY COMMENT IS JUST THAT.
YEAH, YOU'RE SETTING PRECEDENT TO REWARD PEOPLE FOR OPERATING OUTSIDE OF OR WHAT'S ILLEGAL.
IT'S ILLEGAL OPERATION THAT CEASED, AND SO JUST CONSIDER THAT.
OKAY. OKAY, AND WE'LL DO A SHOW OF HANDS ON THIS.
SCOTT, DO YOU HAVE ANYTHING TO ADD? RENEE I AGREE, IT'S A TOTAL DISREGARD.
THEY SHOULD HAVE ASKED, I THINK PRIOR TO, AND THAT WAS NOT DONE.
OKAY. MR. CHAIRMAN, CALL THE QUESTION. CALL THE QUESTION.
ALL RIGHT, SHOW OF HANDS. ALL IN FAVOR? ALL OPPOSED.
SO BECAUSE THERE'S NOT A MAJORITY VOTE, IT'S DENIED.
SO WE'RE MOVING ON TO NEXT ZONE CASE 3.2.1.
[00:25:05]
THE SUBJECT PROPERTY IS LOCATED SOUTH OF 82ND WEST OF ABERDEEN AVENUE.THIS MAP SHOWS THAT WITHIN THE 200 FOOT NOTIFICATION BOUNDARY, THE YES THE NOW FOUR IN OPPOSITION ARE WORRIED ABOUT INCREASED TRAFFIC AND LAND VALUE DEPRECIATION. HERE IS AN AERIAL VIEW OF THE PROPERTY.
THE NORTH AND WEST ARE DEVELOPED WITH DUPLEXES.
THE CURRENT ZONING IS HIGH DENSITY.
RESIDENTIAL. THE NORTHERN, WESTERN, AND SOUTHERN PROPERTY IS ZONED MEDIUM DENSITY RESIDENTIAL.
THE EAST IS ZONED AUTO URBAN, COMMERCIAL, AND MEDIUM DENSITY RESIDENTIAL.
THE FUTURE LAND USE MAP DESIGNATES THIS FOR COMMERCIAL USES.
HERE ARE SOME PHOTOS OF THE PROPERTY AND ITS SURROUNDINGS.
LOCATED SOUTH OF 82ND AND WEST OF ABERDEEN AVENUE.
THE 2018 MASTER THOROUGHFARE PLAN DESIGNATES THIS AS A PRINCIPAL ARTERIAL AND LOCAL STREET.
STAFF RECOMMENDS APPROVAL OF THIS REQUEST.
I CAN TAKE ANY QUESTIONS AT THIS TIME.
SO IF I UNDERSTAND YOU CORRECTLY, WE'RE TALKING ABOUT GOING TO HDR FOR SIGNAGE BECAUSE THEY WANT TO SIGN, YOU KNOW, THEY'RE GOING FROM HDR TO NEIGHBORHOOD COMMERCIAL, WHICH IS JUST THE LOWEST LEVEL OF COMMERCIAL.
HOW MANY CHURCHES ARE [INAUDIBLE] EXPERIENCE THIS WITH.
A COUPLE. TWO TONIGHT AT LEAST.
SO THIS IS THIS IS OLD EIGHT GOING FROM A-2 TO C-2.
FORCE PROBABLY SIGN THE PROPONENT WILL COME UP, BUT GO AHEAD.
ANY OTHER QUESTIONS FOR STAFF? GOOD. ALL RIGHT, WE'LL GO AHEAD.
WE'LL OPEN THE PUBLIC HEARING.
IS THE APPLICANT HERE OR HIS OR HER REPRESENTATIVE LIKE TO MAKE ANY ADDITIONAL COMMENTS? SO THERE'S NOT.
OKAY, SO IS THERE ANYONE HERE TO SPEAK IN OPPOSITION TO THIS ZONE CASE? OH, YEAH. SO, BY SHOW OF HANDS, MAY WE SEE WHO ALL IS HERE IN OPPOSITION.
OKAY. IS THERE ANYONE HERE TO SPEAK IN FAVOR OF THE ZONE CASE THAT'S PRESENT? SHOW OF HANDS, PLEASE.
NO. SO, YES, YOU KNOW WHERE I'M GOING WITH THIS.
WHAT ARE YOU ABOUT TO SAY? DO YOU? OKAY.
UM. I HAVE A REAL PROBLEM WITH YOU CHANGING THIS TO A EVEN A NEIGHBORHOOD COMMERCIAL IN THIS AREA.
THIS IS GOING TO INVITE IN AS WHAT YOU DESIGNATED AS BARS.
STORM SHELTER'S WONDERFUL, BUT YOU'RE GOING TO TAKE THIS INTO AREAS WHERE WE'RE TALKING ABOUT MICRO-BREWERIES POSSIBILITY.
ADDITIONAL BARS, LIKE, WE DON'T HAVE ENOUGH RIGHT THERE IN THAT CORNER.
WHAT ELSE? MORE DRIVE IN FACILITIES.
WE KNOW WE'RE FAMILIAR WITH, WE KNOW.
OKAY. WE DON'T NEED THAT ADDITIONAL AROUND THE CHURCH.
THERE'S ENOUGH OF IT IN THAT AREA, IN THAT SHOPPING CENTER.
THAT AREA WAS SOMETHING THAT I LOOKED AT WHEN I PURCHASED THAT HOME BECAUSE IT WAS A NEIGHBORHOOD, NOT COMMERCIAL. I WANTED TO GET AWAY FROM THAT.
I FEAR THAT THIS IS GOING TO INCREASE OUR TAXES.
[00:30:06]
OUR CRIME RATE IS GOING TO GO UP.YOU'VE GOT CONVENIENCE STORES AND BARS.
MY NEIGHBORS AND I ARE A BUNCH OF LITTLE OLD LADIES THAT REALLY DON'T NEED TO DEAL WITH THAT AT THIS POINT IN OUR LIFE, AND I WOULD REALLY APPRECIATE YOU TAKING THAT INTO CONSIDERATION WHEN YOU LOOK AT THIS.
BECAUSE THIS IS GOING TO BE ALSO THERE'S GOING TO BE AN INCREASE IN TRAFFIC, AND THEN WHEN THEY START DOING THE TRAFFIC, THEY'RE GOING TO BE DOING CONSTRUCTION, WHICH IS GOING TO MESS UP TRAFFIC THROUGH THERE.
IT'S GOING TO BE HARD FOR US TO GET TO OUR HOUSES.
IT'S JUST GOING TO BE A PAIN, AND I WOULD REALLY APPRECIATE YOU TAKING A LOOK AT THAT CARD AND DECLINING ON THIS.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK IN OPPOSITION AT THIS TIME? KRISTEN, CAN WE, WELL, OKAY.
IS THERE ANYONE HERE TO SPEAK IN FAVOR OF THIS ZONE CASE? ALL RIGHT? NOBODY'S RAISING THEIR HANDS.
SO WE'RE GOING TO CLOSE THE PUBLIC HEARING.
CAN YOU EXPLAIN IT? SO I WILL SAY, YOU KNOW, THAT'S A GOOD POINT.
WE HAVE TWO VERY SIMILAR CASES TONIGHT.
WHEN THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THE UDC, YOU ALL ALSO MADE A RECOMMENDATION THAT OVER THE FIRST TWO YEARS WITH THIS BRAND NEW DOCUMENT, WE DO A CHECK IN EVERY SIX MONTHS.
THIS MAY BE SOMETHING YOU WANT TO REVISIT.
UM, WHAT TYPE OF SIGNAGE IS ALLOWED IN AN HDR DISTRICT FOR COMMERCIAL USE, SUCH AS THE CHURCH? BECAUSE RIGHT NOW, UNDER THE UNIFIED DEVELOPMENT CODE, THIS DISTRICT DOES NOT ALLOW AN ELECTRONIC MESSAGE DISPLAY AND IT'S LIMITED IN THE SIZE AND HEIGHT OF TYPE OF SIGN THEY CAN HAVE. SO THEY ARE LOOKING FOR THE COMMERCIAL TYPE SIGN REGULATIONS THAT THE N-C DISTRICT OFFERS.
SO I WOULD RECOMMEND IT'S SOMETHING WE REVISIT WHEN YOU DO YOUR FIRST REVIEW IN SIX MONTHS.
THAT MAKES A DIFFERENCE, TOO, BECAUSE TO ME, GOING TO KNOWING WHAT THEIR I GUESS YOU HATE TO SAY WHAT'S REALLY THEIR INTENT AND WHEN THEY'RE GOING BECAUSE YOU LOOK AT WHO THE APPLICANT IS AND WHAT THEY'RE DOING, THAT'S A LOT MORE ACCEPTABLE.
YEAH, I JUST DON'T THINK WE NEED TO GET INTO THE PRACTICE OF CHANGING ZONING JUST FOR SOMETHING THAT COULD BE FIXED IN A SIMPLE, 5 OR 6 MONTHS NOW AND WE CAN PUT THAT ON OUR LIST.
IS IT ARE WE DOWN TO FOUR MONTHS? DOWN TO FOUR MONTHS NOW? YEAH. YEAH.
RATHER THAN JEOPARDIZING THE ENTIRE ZONING AND THAT WHOLE AREA, I MEAN, OPEN THE WHOLE CAN OF WORMS. I'D SOON POSTPONE AND JUST WAIT.
YEAH, I AGREE, RATHER THAN UP FOR DENIAL, AND THEN THEY HAVE TO IN A YEAR.
RIGHT. ONLY IF THE P&Z AND COUNCIL BOTH DENY THE REQUEST.
I AGREE, I THINK MAYBE IF STAFF SEES MORE OF THESE SPECIFIC CASES, JUST SAY JUST WAIT.
CAN YOU HANG ON THREE MONTHS? FOUR MONTHS? JUST WAIT.
IS IT PERMISSIBLE FOR ME TO MAKE A MOTION TO POSTPONE THIS? DO I HAVE TO DO IT TO A DATE CERTAIN OR.
SO THAT'S A I THINK THAT'S A TRICK QUESTION.
NO I UNDERSTAND AND I'M ASKING IT JUST TO MAKE SURE.
NO, I KNOW I'M NOT QUITE SURE HOW TO ANSWER IT.
FOR A DATE CERTAIN, YOU WOULD KIND OF HAVE TO KNOW WHEN THE UDC WOULD BE AMENDED, WHICH WE DON'T KNOW FOR SURE AND THEN IF IT'S JUST POSTPONED INDEFINITELY, THAT ESSENTIALLY ENDS THE ZONE CASE AND THEY HAVE TO REAPPLY.
YEAH. SO PROBABLY THE BEST WAY TO MOST TO, UH, POSTPONE IT INDEFINITELY IS PROBABLY THE CLEANEST WAY THEN, RIGHT? [INAUDIBLE] IT'S UP TO YOU ALL. YEAH, AND AGAIN, I MEAN, MY PERSONAL DEAL.
THE APPLICANT'S NOT HERE, AND STAFF DID WE? I TALKED TO THE APPLICANT EARLIER THIS WEEK, SO I DON'T KNOW WHY THEY'RE NOT HERE SO WELL, AND ALSO IF WE DO MAKE THE AMENDMENT IN THE UDC THE CHANGE, THEN THEY WON'T EVEN HAVE TO DO ANYTHING. THEY WON'T HAVE TO COME BACK AT ALL.
I'D LIKE TO MAKE THE MOTION TO POSTPONE
[00:35:02]
ZONE CASE 217B, UH, INDEFINITELY.SECOND. ALL IN FAVOR? AYE. ALL OPPOSED? OKAY. DO YOU ALL UNDERSTAND WHAT JUST HAPPENED? NO, SIR. OKAY, JUST REAL QUICK, IT WASN'T DENIED AND IT WASN'T APPROVED.
WE BASICALLY SAID WE AGREED THAT FOR THEIR PURPOSE OF TRYING TO ACHIEVE DIGITAL SIGNAGE, WE DON'T NEED TO GO THROUGH THE PROCESS OF CHANGING THE ZONING TO NEIGHBORHOOD COMMERCIAL.
SO WHAT WE HAVE TO DO AS A COMMISSION IS TAKE THAT INFORMATION, GO BACK TO THE DRAWING BOARD AND SAY, WE NEED A DIFFERENT AVENUE, A DIFFERENT VEHICLE, IN ORDER FOR THEM TO GET THEIR SIGNAGE WITHOUT ADDRESSING ZONING, AND I DON'T KNOW WHAT WE DON'T KNOW WHAT THAT LOOKS LIKE YET, BUT WE POSTPONE INDEFINITELY.
SO THEY'RE GOING TO HAVE TO REAPPLY.
IT'LL BE AT LEAST 4 TO 6 MONTHS OUT.
WILL WE BE NOTIFIED? WE WILL GET NEW NOTIFICATIONS WILL BE SENT OUT AND THAT'S ONLY IF NECESSARY.
IF COUNCIL CHOOSES TO AMEND THE SIGN CODE WHERE THEY CAN GET THE TYPE OF SIGN THEY WANT WITH THEIR CURRENT ZONING, THEY WON'T NEED TO REZONE THE PROPERTY SO YOU WON'T GET NOTIFIED BECAUSE THEY WON'T ASK TO REZONE THE PROPERTY, BUT IF THEY DO ASK TO REZONE, WE WILL BE NOTIFIED.
THE GOAL IS TO NOT HAVE IT REZONED.
ALL RIGHT. THANK YOU ALL. MOVING ON.
THAT'S ALL RIGHT. HELLO, BOARD.
I'M GREG HERNANDEZ, AND THIS IS ZONE CASE 3058G.
THE PROPERTY IS LOCATED SOUTH OF 50TH STREET AND EAST OF UPLAND AVENUE.
12 NOTIFICATION LETTERS WERE SENT OUT AND WE RECEIVED ONE BACK IN FAVOR.
HERE'S A NOTIFICATION MAP SHOWING THE ONE IN FAVOR.
THE CURRENT LAND USE MAP SHOWS THIS PROPERTY SHOWS THE PROPERTY TO THE SOUTH, EAST AND WEST ZONE, LOW DENSITY SINGLE FAMILY DISTRICT AND THE PROPERTY TO THE NORTH ZONED AUTO URBAN COMMERCIAL DISTRICT.
HERE'S A PICTURE OF THE SUBJECT'S PROPERTY, AS WELL AS VIEWS TO THE WEST, NORTH AND SOUTH.
THE FUTURE LAND USE MAP DESIGNATES THE NORTHWEST CORNER OF THIS PROPERTY FOR COMMERCIAL LAND USE, AND THE REMAINDER OF THE PROPERTY FOR LOW RESIDENTIAL, LOW DENSITY RESIDENTIAL LAND USE. THE PROPOSED ZONE CHANGE TO A-C WOULD BE IMPARTIAL CONFORMANCE WITH THE FUTURE LAND USE PLAN AND THE COMPREHENSIVE PLAN.
PRINCIPLES. THE PROPOSED ZONE CHANGE IS IN CONFORMANCE WITH THE ZONING ORDINANCE.
THE PROPERTY IS LOCATED ON THE CORNER OF TWO PRINCIPAL ARTERIAL STREETS.
THE PROPOSED ZONE CHANGE IS COMPATIBLE WITH THE SURROUNDING AREA AND WILL NOT CHANGE THE CHARACTER OF THE EXISTING DEVELOPMENT.
THE LOCATION IS ALONG 50TH STREET AND UPLAND AVENUE, WHICH ARE DESIGNATED AS PRINCIPAL ARTERIALS BY THE MASTER THOROUGHFARE PLAN 2018, AND STAFF RECOMMENDS APPROVAL OF THIS REQUEST AND I CAN TAKE ANY QUESTIONS AT THIS TIME.
WE'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING IS HEARD.
IS THE APPLICANT [INAUDIBLE] TYLER GENTRY, 4005 76TH STREET.
JUST HERE TO ANSWER ANY QUESTIONS IF NEEDED.
ANY QUESTIONS FOR MR. GENTRY? DO YOU HAVE A PLAN FOR IT? OKAY. THAT'S GOOD.
IS THERE ANYONE HERE TO SPEAK IN OPPOSITION? NOT SEEING ANY. IS THERE ANYBODY HERE TO SPEAK IN FAVOR? ALL RIGHT, NONE SEEN.
WE'LL CLOSE THE PUBLIC HEARING.
FOR PURPOSES OF DISCUSSION, MOVE TO APPROVE ZONE CASE 3058-G.
THIS IS IDENTICAL TO THE TRACK TO THE NORTHEAST THAT WE HEARD ABOUT A MONTH OR TWO AGO, AND 50TH AND UPLAND IS NOT A THAT IS NOT A RESIDENTIAL WHAT I WOULD CONSIDER PRIME FOR RESIDENTIAL.
PRETTY EASY. ALL RIGHT, ALL IN FAVOR?
[00:40:01]
AYE. ALL OPPOSED? OKAY. THANK YOU.GOOD EVENING. MY NAME IS ASHLEY PADILLA.
REQUESTING TO REZONE FROM SF-2 TO N-C.
WE SENT OUT 43 NOTIFICATIONS, RECEIVING ZERO IN FAVOR AND ONE IN OPPOSITION.
THIS PROPERTY IS LOCATED EAST OF UPLAND AVENUE AND NORTH OF 82ND STREET.
HERE'S AN AERIAL VIEW OF THE PROPERTY.
TO THE NORTH IS A RESIDENTIAL NEIGHBORHOOD.
TO THE EAST IS A RESIDENTIAL NEIGHBORHOOD ALONG WITH A SELF-STORAGE FACILITY.
THE CURRENT ZONING IS LOW DENSITY SINGLE FAMILY.
THE FUTURE LAND USE PLAN DESIGNATES THIS PROPERTY FOR COMMERCIAL AND RESIDENTIAL LOW DENSITY.
HERE ARE PHOTOS OF THE PROPERTY AND ITS SURROUNDINGS.
HERE'S AN OVERHEAD VIEW OF THE PROPERTY.
A GRAPHIC PROVIDED BY THE APPLICANT SHOWING THE PROPOSED REZONING LOCATION.
THE FUTURE LAND USE MAP DESIGNATES THIS AREA FOR COMMERCIAL AND RESIDENTIAL LOW DENSITY LAND USES.
THIS REQUEST WOULD BE APPROPRIATE NEAR THE RETAIL NODE AND FRONTING ONTO AN ARTERIAL STREET.
THE PROPOSED ZONING REQUEST IS IN CONFORMANCE WITH THE ZONING ORDINANCE AND IS APPROPRIATE FOR THIS AREA, IS COMPATIBLE WITH THE SURROUNDING AREA AND WILL NOT CHANGE THE CHARACTER OF THE EXISTING DEVELOPMENT.
THE PROPERTY IS CURRENTLY DEVELOPED WITH A CHURCH.
THE PROPOSED REZONING LOCATION WILL BE ALONG UPLAND AVENUE.
ANY QUESTIONS FOR STAFF? I JUST WANT TO GO ON THE RECORD AS SAYING IF WHEN WE GET THESE CASES GOING FORWARD UNTIL WE GET IT FIXED, I WILL CONTINUE TO VOTE TO POSTPONE THESE JUST ON THE RECORD SO COUNCIL HEARS IT. [INAUDIBLE] SPECIFICALLY WHAT IT'S FOR, IF IT'S PERTAINING TO SIGNS, EXACTLY, I AGREE.
WELL, WE'LL HEAR FROM THE APPLICANT.
ANY OTHER QUESTIONS FOR STAFF? OKAY. THANK YOU.
WE'LL OPEN THE PUBLIC HEARING.
IS THE APPLICANT HERE OR HIS OR HER REPRESENTATIVE? IS THIS THE SAME THING, TERRI? YES AND NO.
OF COURSE, OF COURSE, OF COURSE.
[INAUDIBLE] YEAH, YOU SHOULD HAVE.
ALL RIGHT, CONSIDER THE SOURCE [INAUDIBLE].
GOOD EVENING, MEMBERS OF PLANNING COMMISSION.
I'M TERRY HOLMAN WITH HUGO REED AND ASSOCIATES.
I KNOW I'M ON THE PRIVATE SIDE LOOKING IN, BUT I'VE BEEN HERE A LONG TIME, TOO, AND I'LL SAY, MR. GLOYNA, WELCOME BACK.
IT'S GOOD TO HAVE A WELCOME, FAMILIAR FACE ON THE DAIS.
SO, I'M GOING TO DO MY BEST NOT TO GET TOO TERRIBLY DETAILED, BUT THERE IS GOING TO BE QUITE A LOT OF IN THE WEEDS DISCUSSION ON OUR PARTICULAR CASE.
SOME GOOD POINTS HAVE BEEN MADE THIS EVENING ABOUT WHY ARE WE ZONING JUST FOR A SIGN, AND CAN WE WAIT TILL THE UDC? AND I THINK THOSE ARE POINTS WELL TAKEN OUR SITUATION.
I'D LIKE TO POINT OUT WHAT'S, SPECIFIC ABOUT OUR CASE AND HOPEFULLY I'M LOOKING FOR A VOTE.
SO I WANT TO GIVE YOU A LITTLE BIT OF BACKGROUND ON THIS PROPERTY.
THIS IS A CELEBRATION CHRISTIAN CENTER.
WE ARE LOCATED AT BASICALLY 80TH AND UPLAND AVENUE.
AS ASHLEY POINTED OUT, WE'RE JUST NORTH OF THE ELECTRIC SUBSTATION, AND YES, THE PROPERTY BACKS INTO THE OLD PAPALOTE SOUTH RESIDENTIAL DEVELOPMENT AS WELL AS OTHER COMMERCIAL USES THERE; SO, SHE LAID THAT OUT VERY WELL.
THE CHURCH ITSELF WAS CONSTRUCTED AROUND 1986, WELL, PRIOR TO ANY ANNEXATION, AND I THINK THE POINT IS WELL TAKEN FOR MR. HUTCHINSON ABOUT, YOU KNOW, THE SORT OF THE HANDSHAKE DEALS OF SORTS, YOU KNOW, THAT WERE DONE WITH THE ANNEXATION WITH THE PAPALOTE GROUP.
I KNOW THEY DID A LOT OF WORK WITH THE CITY AT THE TIME THAT ANNEXATION OCCURRED.
I'M GOING TO POINT OUT A FEW, ADDRESS A COUPLE OF THINGS THAT HE SAID.
HE HAD STATED THAT WE CAN DO ANYTHING AND THE CITY WON'T HAVE ANY CONTROL.
[00:45:02]
YOU GUYS KNOW THAT.THAT'S JUST SIMPLY NOT THE CASE WHEN WE'RE ASKING FOR N-C ZONING, WE HAVE A VERY STRICT GUIDELINES OF THE THINGS WE CAN AND THINGS WE CANNOT DO AND BY THE WAY, THIS IS NOT THE CITY ASKING TO CHANGE THIS, AND SO IF SOMEONE WANTS TO POINT THE FINGER THAT THE CITY IS CHANGING SOMETHING IN DISAGREEMENT WITH THEIR ANNEXATION, THIS IS US ASKING TO CHANGE, OKAY, AND SO LET'S MAKE THAT DISTINCTION.
THE CHURCH WAS CONSTRUCTED WELL PRIOR TO ANNEXATION.
UM, IT WAS CAME IN AS TRANSITIONAL ZONING AND NOW WITH THE UDC, IT'S NOW SF-2 ZONING.
SO IN SOME RESPECTS, THIS IS ALMOST A HARDSHIP CASE AS MUCH AS ANYTHING ELSE.
SO STRICTLY FROM A ZONING STANDPOINT, I THINK THIS IS A GOOD CASE.
IT IS NEIGHBORHOOD COMMERCIAL.
YOU GUYS HAVE HEARD THIS BEFORE, BUT THE PURPOSE OF THIS DISTRICT IS TO PROVIDE SMALL SCALE RETAIL AND MODERATE DENSITY RESIDENTIAL USES LOCATED AWAY FROM MAJOR INTERSECTIONS WITH BUILDING AND SITE DESIGN STANDARDS THAT ARE COMPATIBLE AND HAVE ADJACENT RESIDENTIAL USES.
THIS IS THE LEAST INTENSE COMMERCIAL DISTRICT THAT WE CAN GET TO ALLOW US TO CONSTRUCT THE SIGN.
THE ONE IN THE PHOTOGRAPH THERE IS ABOUT 20FT.
TODAY. ALL WE WANT TO DO IS BASICALLY PUT A NEW ONE UP, AND WE HAVE TO GET A PERMIT FOR THAT.
SO A POINT WELL TAKEN ABOUT WELL, GOSH, YOU'RE NOT CHANGING THE USE.
RIGHT. WE'RE ALL WE ALL THINK IT'S A GOOD IDEA, BUT WE ARE ALL ASKED TO MAYBE GAMBLE A LITTLE BIT.
I HAVE A CLIENT WHO'S ALREADY HIRED A SIGN CONTRACTOR AND HAS ALREADY SUBMITTED HIS PERMIT APP TO THE CITY, AND THAT'S WHEN THIS ISSUE CAME UP.
SO TO STALL THIS PROJECT, SIX MONTHS BECOMES A A HARDSHIP ON MY CLIENT THAT I THINK CAN BE AVOIDED.
THE UDC IMPLEMENTED SOME VERY STRINGENT BUFFERING REQUIREMENTS WHERE YOU HAVE WHEN YOU HAVE N-C ZONING, WHICH IS NEXT TO RESIDENTIAL WE'VE GOT TO PUT A LOT OF LANDSCAPING IN, AND YOU ALL RECALL ALL OF THOSE TEETH GNASHING DISCUSSIONS WE HAD RIGHT ABOUT ABOUT A YEAR AGO.
SO THIS IS A CASE, EVEN THOUGH I OBJECTED TO THE ONEROUS NATURE OF THAT LANDSCAPING, THIS IS THE THING THAT WE CAN SAY PROVIDES COMFORT FOR, FOR THOSE RESIDENCES, BECAUSE TODAY THAT LANDSCAPING DOESN'T HAVE TO GO IN BECAUSE WE'RE NOT DOING ANYTHING ON THE SITE THAT WARRANTS THE NEED FOR LANDSCAPING.
WE'RE JUST PUTTING UP A SIGN, BUT MOVING FORWARD, SHOULD THE CHURCH DECIDE TO DO A MAJOR EXPANSION, OR IF THEY DECIDE TO DO SOME SORT OF COMMERCIAL DEVELOPMENT ON THE PROPERTY.
THE UDC PROTECTS THE ABUTTING NEIGHBORING RESIDENTIAL AREA WITH THE BUFFERING REQUIREMENTS.
OKAY, SO I WANT YOU TO STEP BACK AND THINK ABOUT THAT.
IT IS THE LEAST INTENSE COMMERCIAL.
RIGHT, AND NO, WE'RE NOT INTENDING TO ACTUALLY BUILD ANY COMMERCIAL, BUT FROM STRICTLY A ZONING STANDPOINT, I THINK IT'S A GOOD CASE, AND I HOPE YOU LOOK AT IT ALSO FROM THAT OBJECTIVE.
WERE IT NOT FOR THE SIGN, WE WOULDN'T BE HERE, NO QUESTION ABOUT IT, BUT IT'S A STRANGE SORT OF QUAGMIRE THAT WE'RE IN FROM A CODE STANDPOINT FOR US TO DO WHAT WE NEED TO DO.
WE'VE GOT TO GET THE ZONING AND WE'VE GOT TO GET THE PROPERTY PLATTED, AND SO I'M HOPING FOR YOUR CONSIDERATION IN THAT REGARD.
WE'RE VERY SIMILAR, BUT ALSO VERY DIFFERENT TO THE OTHER ONE THAT YOU HEARD THIS EVENING.
IT'S JUST A DIFFERENT SETTING.
IT'S A DIFFERENT SETTING FOR A COMMERCIAL PIECE OF PROPERTY.
I HOPE I'VE ADDRESSED THAT AS BEST AS I COULD.
[00:50:03]
I ALSO HAVE THE PASTOR DOCTOR, DAVID LANCE, HERE.UM, WE'D LIKE TO MOVE FORWARD.
THE SIGN PERMIT ITSELF WOULD NOT TRIGGER THE BUFFER YARD.
THEY'RE NOT CONNECTED BUT AND KRISTEN, YOU HELP MAKE SURE I DON'T MISSPEAK HERE.
PLEASE, IF YOU DO AN INTERIOR REMODEL, LET'S SAY WE ADD A BATHROOM ON THE INSIDE OR WHATEVER IT IS THAT DOES NOT TRIGGER LANDSCAPING, BUT IF WE ADD TO THE BUILDING ON THE OUTSIDE AND MEET CERTAIN PERCENTAGE REQUIREMENTS, THOSE TYPES OF THINGS, THAT'S WHAT THEN TRIGGERS THAT.
SO CAREFUL WHAT YOU WISH FOR, RIGHT? WE'RE ASKING FOR N-C ZONING AND WE REALIZE THAT SHOULD WE DECIDE TO DO SOMETHING MORE EXPANSIVE IN THE FUTURE, GUESS WHAT WE GET TO DO.
WE GET TO BUILD A BUFFER YARD AND WE'RE AWARE OF THAT.
YES, BUT IF YOU ADD ON IT MIGHT TRIGGER A BUNCH OF BUFFER YARD.
THAT IS THAT IS THAT'S THE POSITION THAT WE'RE IN.
CORRECT. IT WOULDN'T TRIGGER IT, RIGHT? CORRECT.
OKAY, JUST MAKING SURE, AND YOU, MR. WHEATLEY, YOU'RE CERTAINLY WELCOME TO RE-EMPHASIZE THAT POINT TO THE PASTOR WHILE HE'S HERE AS WELL, BECAUSE WE'VE HAD THAT SORT OF STRATEGIC DISCUSSION.
YOU KNOW WHAT REALLY MAKES THE MOST SENSE? HE'S GOT A SIGN CONTRACTOR THAT'S HE'S GOT MONEY TIED UP, AND I THINK IT'S TO THEIR BENEFIT TO GET FORWARD AS POSSIBLE, AS QUICKLY AS POSSIBLE.
SO IF HE PULLS A IF HE ADDS ON WITHOUT THIS AN R-1 IT WOULD NOT TRIGGER A BUFFER YARD.
PRECISELY, AND WHAT WOULD THAT BUFFER YARD POTENTIALLY LOOK LIKE? THIS WOULD BE A TYPE B BUFFER YARD.
AS THE CODE IS CURRENTLY WRITTEN, MINIMUM TEN FEET WIDTH IF YOU'RE DOING A IF YOU HAVE A FENCE PER EVERY 100FT TWO CANOPY TREES.
FOUR, I'M SORRY FOUR ORNAMENTAL TREES AND A WHOLE BASKET FULL OF SHRUBBERY.
NOT TO MENTION, AT THAT POINT IN TIME THAT PROBABLY WILL TRIGGER A DRAINAGE ANALYSIS.
THERE'S A LOT OF THINGS THAT YEAH THAT DO COME INTO PLAY THAT ARE NON ZONING ISSUES.
SO IF YOU GET THE N-C NOW, YOU'RE ALMOST SAYING I'M NOT GOING TO EVER ADD ON.
YEAH. NOT UNLESS IT'S WORTH IT.
YEAH, IT'S, I MEAN, IT'S JUST WHAT IT COMES DOWN TO.
IT'S ALMOST IT'S NOT A BAD, IT'S ALMOST LIKE A NEGOTIATION WITH IT'S KIND OF WHAT YOU CAN DO NOW WITH IT AS IT'S CURRENTLY ZONED VERSUS IF YOU GO TO N-C, BUT IT IS BEING SPURRED BY THE SIGNAGE, BUT IF THEY WERE TO EVER DO ANYTHING IN THE FUTURE, IT'S FINANCIALLY NOT A GOOD THING FOR A CHURCH.
YEAH, AND IT PROTECTS THE REST OF THE NEIGHBORHOOD.
IT PROTECTS ACROSS THE STREET.
IT WOULD I MEAN, IT'S A THAT YOU COULD SEE THAT AS A BENEFIT POTENTIALLY.
YES, AND, YOU KNOW, TRUTH BE TOLD, IF SOMETHING IS DONE WITH THE CHURCH LATER ON, AT LEAST WE'VE GOT THE ZONING IN PLACE AND WE KNOW THE RULES OF THE GAME AT THAT POINT IN TIME. YOU KNOW, I GO AND I UNDERSTAND WHERE THEY'RE AT AND WHAT IT'S GOING, BUT I STILL KIND OF GO BACK WITH TANNER, BECAUSE WHAT WOULD HAVE BEEN THE DIFFERENCE IF WE WOULD HAVE GONE TO THE ONE BEFORE THAT WE POSTPONED AND LET THEM DO N-C, THEN THEY WOULD BE UNDER THE SAME RULES AND REGULATIONS ABOUT WHAT IT WAS GOING TO AND SO I EMPATHIZE AND UNDERSTAND BECAUSE YOU'RE HERE TO TALK ABOUT IT, BUT TO ME, THERE'S STILL ALMOST HAND IN HAND, AND TO DO WE DO THIS ONE HERE AND WE DO THAT ONE THERE.
[00:55:05]
YOU GOT A STORAGE UNIT ON THE RIGHT.IT'S A DIFFERENT PIECE OF PROPERTY COMPARED TO WHAT WE LOOKED AT EARLIER TO ME IN THREE DIFFERENT WAYS, BUT YOU BRING UP I'M KNOWING I UNDERSTAND BECAUSE I'M LIKE I'M SAYING BECAUSE THIS IS.
TOTALLY LOCATION OF THE OTHER PLACE I COULD SEE MORE PROBLEMS WITH COMMERCIAL IF IT WENT IN THERE THAN IN THIS ONE, RIGHT, BUT THEN I STILL HAVE THE PROBLEM TRYING TO SAY, WELL, YOURS IS OKAY.
YOURS IS NOT, AND YEAH, THAT'S [INAUDIBLE] HERE.
YOU KNOW, I THINK, UH, AFTER DISCUSSING ALL THIS, IF THE OWNER KNOWS WHAT HE'S GETTING INTO AND HE STILL WANTS THE VOTE AND HE STILL WANTS THE N-C, THEN WE HAVE TO HEAR THAT AND DO A VOTE.
MR. DOCTOR LANCE, IF YOU WANT TO SPEAK TO THAT, I THINK IT'D BE GOOD.
I'M JUST THE HIRED HELP. [CHUCKLING] YEAH.
I'M NOT THE GUY WRITING THE CHECKS.
YES, I'LL DO MY BEST TO TRY TO DO WHATEVER I NEED TO DO.
TO CLARIFY, ON JUNE THE 5TH, WE HAD A HAILSTORM.
IT KNOCKED OUT THE CENTER PANEL OF OUR SIGN, AND IT TOOK A WHILE TO GET THE INSURANCE STUFF DONE.
SO WE WENT, AND YOU STARTED A NEW REGULATION ON OCTOBER 1ST.
WE CAME IN THE DAY BEFORE BECAUSE THEY SAID WE HAD TO DO IT THE DAY BEFORE, UH, TO GET THE PERMIT.
OKAY. SO WE CAME IN, DID THAT, THEN WE GOT A CALL, PUT OUR MONEY DOWN ABOUT 17,000 WITH A SIGN COMPANY, GOT A CALL BACK AND SAID THEY WON'T PERMIT IT BECAUSE WE'RE NOT PLATTED AND WE'RE NOT ZONED PROPERLY.
SO I CAME DOWN HERE AND THEY SAID, THIS IS WHAT WE NEED TO DO.
WE NEED TO GET IT REPLANTED AND REZONED.
IT'S A CHURCH USE PIECE OF PROPERTY, AND I'VE BEEN THERE 30 YEARS.
BASICALLY, I CAME IN THE 94 WELL, MAYBE ONE YEAR OR LESS, AND WE PLAN TO BE A CHURCH.
WE'RE GOING TO BE A CHURCH, ALL THAT KIND OF STUFF, AND THEN THE LETTERS WENT OUT AND THE PEOPLE AROUND US GOT PHOBIC ABOUT THE RESIDENTIAL, I MEAN, THE COMMERCIAL ASPECT OF ALL THAT OTHER STUFF THAT YOU PUT IN THERE.
I WISH WE WOULD JUST BE A CHURCH, YOU KNOW, AND NOT HAVE ALL THE OTHER STUFF, BECAUSE AS A 501(C)(3) THROUGH THE IRS UNDER THE FEDERAL LAW WE SHOULD BE PROTECTED.
THEY MAY GO BEYOND YOUR LEGAL CAPACITY OF THINKING ABOUT THAT, BUT WE ARE PROTECTED IN THERE, BUT WHAT WE NOW SEE, WE'RE SORT OF IN THIS CATCH 22 IF WE THE LAND THAT YOU SEE ON THAT PLAT THAT'S TO THE NORTH, WE SOLD THAT PROPERTY SO WE COULD HAVE THAT HOUSING AREA.
I'D LIKE TO PUT A FENCE IN THERE SOMETIME AND MAYBE GREENERY IN FRONT OF IT.
ONLY THING THE REASON HERE WE WANT TO SIGN FIXED AND IT LOOKS LIKE POOP.
WE'VE ALREADY PUT MONEY IN ON IT.
THEY WON'T CONTINUE TO BUILD IT OR DO ANYTHING WITH IT UNTIL WE GET DISPOSITION FOR THE PERMIT, AND SO WE'VE GOT MONEY TIED UP AND WE'RE WAITING FOR DISPOSITION WITH THE CITY, SO WE CAN DO THE RIGHT THING TO GET SOME DECENT SIGNAGE OUT THERE THAT LOOKS GOOD, AND, AND WE'RE NOT TRYING TO THREATEN ANYBODY ELSE WITH PUTTING IN BARS OR ANYTHING ELSE THAT'S AGAINST THE LAW ANYWAY, IF YOU KNOW THE LAW AND WE JUST WANT TO DO THE RIGHT THING, SO WE JUST COME BEFORE YOU, AND OF COURSE, YOU GUYS KNOW MORE THAN I KNOW BECAUSE YOU'RE ON THE ZONING SIDE OF IT.
YOU HAVE MORE KNOWLEDGE THAN I HAVE, AND YOU BROUGHT UP SOMETHING THERE.
SO IT'S A CATCH 22, IN MY OPINION, ON THAT ONE.
WE'RE JUST TRYING TO GET A SIGN.
IF WE GIVE YOU N-C AND YOU DECIDE TO ADD 200 SQUARE FOOT BATHROOM ON, IT'S GOING TO TRIGGER A BUNCH OF OTHER THINGS 15 YEARS FROM NOW, EVEN MAYBE WHEN YOU'RE NOT EVEN THE PASTOR. OKAY.
SO IS THERE ANY OTHER OPTION IF YOU GET IF YOU PUT IT AS N-C, CAN YOU REVOKE THE N-C LATER?
[01:00:01]
WELL, THAT'S WHAT WE WERE TALKING ABOUT ON THE FIRST, BECAUSE WHEN WE CAME THROUGH AND CAME WITH THIS NEW UDC, WE KNEW IT WASN'T GOING TO BE PERFECT.YEAH, THERE WERE GOING TO BE ITEMS THAT WE WOULD HAVE TO ADDRESS TO CORRECT, AND THAT'S WHAT WE'RE TALKING ABOUT, HAVING A MEETING EVERY SIX MONTHS FOR THE TWO YEARS, AND THAT'S WHAT WE DID ON THE FIRST ONE.
JUST SAYING WE'RE NOT GOING TO SAY WE'RE NOT GOING TO LET YOU DO IT OR YOU'RE GOING TO DO IT.
WE'RE JUST SAYING, IF YOU CAN GIVE US A FEW MONTHS TO COME IN TO LOOK AT IT, I CAN SIT ON A DEAD SIGN FOR A FEW MONTHS IF WE GET A I DON'T KNOW [INAUDIBLE] BUT THAT'S WHAT WE'RE LOOKING FOR IS A WAY TO [INAUDIBLE] YOU KNOW, WHERE THEY CAN MAYBE PUT IN.
I THINK IT BECAUSE IT'S A [INAUDIBLE] THIS YOU CAN DO IT BECAUSE I THINK BECAUSE IT'S A NEWBIE ON THE BLOCK, THERE'S STILL A LOT OF QUESTIONS ABOUT WHAT WAS PASSED OR WHAT IT IS INSIDE THAT I JUST DON'T WANT YOU TO NOT GROW BECAUSE YOU HAVE TO DO [INAUDIBLE] YARDS, RIGHT? THIS COULD HAMSTRING YOU FOR THE FUTURE GOING N-C.
OKAY. IF IT'S A BETTER OPTION IF YOU CAN, AND TO KELLY'S POINT THAT YOU MADE EARLIER WE DON'T KNOW.
WE DON'T KNOW WHEN IT'S GOING TO BE FINALIZED.
WE MAKE AND WE ALSO WE MAKE A RECOMMENDATION TO CITY COUNCIL.
RIGHT. THEY HAVE THE FINAL VOTE ON EVERYTHING.
CAN I REQUEST THAT YOU GUYS EXPEDITE SOMETHING.
IF WE HAVE TO SIT ON THIS THING? OUR NEXT MEETING IS, IS IT SET? DO WE HAVE A SET DATE FOR? THE FIRST THURSDAY IN JANUARY IS OUR NEXT MEETING? NO. WELL, OUR NEXT REGULAR FOR THE TO REVIEW THE UNIFIED DEVELOPMENT CODE? YEAH, UDC. IT IS NOT SET.
YEAH. APRIL 1ST TO GO INTO EFFECT MAY 1ST.
SO IN APRIL WE WILL THIS GROUP WILL GET TOGETHER.
WE'LL GO THROUGH WHAT CHANGES WE PROBLEMS WE SEE OKAY.
RECOMMEND CHANGES, AND IT GOES TO CITY COUNCIL FOR TWO READINGS AFTER WE MEET.
IT WOULD HAVE FOR THIS KIND OF A CHANGE BECAUSE IT'S A CHANGE IN THE ZONING REGULATION.
IT WOULD HAVE TO GO THROUGH THE PUBLIC HEARING JOINT PUBLIC HEARING AGAIN.
TO BE FAIR TO EVERYBODY IN THE ROOM, I THINK APRIL IS AMBITIOUS.
I HONESTLY, I THINK YOU'RE LOOKING AT SUMMER BY THE TIME WE GET THROUGH WHAT KELLY JUST DESCRIBED.
SO OBVIOUSLY, YOU KNOW, IT'S GOING TO BE SOMETHING THAT COMES UP, BUT AGAIN LIKE THEY SAY.
OH, INSTEAD OF COSTING THIS MUCH TO DO THIS, WE'VE GOT TO ADD ALL THIS OTHER STUFF.
MR. BELL, I'VE BEEN REALLY READING THROUGH AND NOW GETTING INTO SITUATIONS WHERE WE ARE APPLYING THE CODE THAT WE ALL WORK DILIGENTLY ON AND JUST FINDING THINGS LEFT AND RIGHT THAT, GOSH, WE SHOULD HAVE DONE THIS, THIS WAY OR THAT, THAT WAY.
SO YOUR POINTS ARE WELL TAKEN ABOUT SITTING BACK AND WAITING.
I THINK IF YOU VOTE TONIGHT, THAT'S GREAT.
LANCE AND I DECIDE BETWEEN NOW AND COUNCIL THAT MAYBE THAT WASN'T THE RIGHT THING FOR US TO ASK YOU TO DO, THEN WE AT LEAST CAN WITHDRAW IT BY THE TIME WE GET TO COUNCIL. SO, YOU KNOW, WE'RE FOREVER KICKING CANS DOWN THE ROAD, RIGHT, BUT THAT KEEPS FROM SHUTTING THE DOOR ON US AT THIS POINT, YOU KNOW, WE STILL HAVE AN OUT.
MR. WHEATLEY, TO YOUR POINT, IF IF WE DECIDE THAT OKAY, MAYBE THAT WASN'T THE THING WE WANTED TO DO FROM A BUSINESS STANDPOINT, THEN AT LEAST WE'VE WE'VE GOT A BALL THAT WE CAN THEN PULL OUT OF THE GAME RATHER THAN HAVE TO TRY TO GET BACK IN THE GAME, AS IT WERE, AND TERRI, JUST AS A POINT OF CLARIFICATION, IT HAS TO BE WITHDRAWN BEFORE IT'S POSTED ON THE AGENDA FOR COUNCIL.
OTHERWISE IT'S UP TO COUNCIL'S.
THANK YOU AND I'LL ASK FOR THAT DATE WHEN WE HAVE THAT ONE QUESTION.
SINCE OKAY THIS IS SORT OF STRANGE SINCE WE APPLIED FOR A PERMIT PRIOR TO THE CHANGE OF THE NEW OCTOBER 1ST REGULATIONS, IS THERE ANY WAY THAT WE CAN GET, LIKE IN THE MILITARY WHERE [INAUDIBLE] CAME FROM, AN EXCEPTION TO POLICY, JUST TO COVER THE SIGN SO WE CAN MOVE FORWARD WITH THE SIGN BEING REPAIRED AND REPLACED. SO THE ISSUE HERE IS UNDER YOUR ORIGINAL ZONING, THE SIGN THAT YOU'RE ALLOWED TO HAVE IS A MAXIMUM OF 50FT².
OKAY. WE WERE ALSO GRANDFATHERED IN, AND DURING THAT TIME, THE FIRST GENTLEMAN CAME.
WE WERE ALREADY PROMISED THAT, AND IT'S PROBABLY BEFORE YOU EVER WERE THERE, BUT THAT'S WHAT WE WERE PROMISED WHEN THEY HAD THE MEETING TO US THAT WE WOULD NOT BE WHEN YOU WERE ANNEXED. WHEN WE WERE ANNEXED.
YEAH. SO YOU'RE ALLOWED LAWFULLY TO KEEP THE SAME USE.
[01:05:03]
UH-HUH.WE JUST NEED TO BE ABLE TO GET IT PERMITTED SO WE CAN FIX WHAT'S THERE.
SO BASED ON THE REGULATIONS THAT APPLY TO THAT PROPERTY, EVEN WHEN YOU WERE IN THE COUNTY BEFORE ANNEXATION, YOU'RE LIMITED BECAUSE THE CITY REGULATES SIGNS IN THE WHAT'S CALLED THE ETJ THE EXTRATERRITORIAL JURISDICTION.
YOUR SIGN IS ALWAYS BEEN REQUIRED TO BE IN THE ETJ AND IN THE CITY, A MAXIMUM OF 50FT².
IT MUST BE BECAUSE WE WENT THROUGH A SIGN COMPANY AND THEY WENT THROUGH TO GET IT PERMITTED.
SO THAT'S WHAT'S HAPPENING NOW IS BECAUSE YOU'RE ENLARGING THE SIGN, YOU HAVE TO SEEK REGULATION.
OKAY. SORRY. THAT'S SQUEAKING REALLY LOUD.
I'VE PULLED UP A COPY OF THE SIGN PERMIT.
IT LOOKS LIKE YOUR EXISTING SIGN WAS OVERSIZE TO BEGIN WITH.
THE NEW PROPOSED SIGN IS 81.5FT² OVER THAT 50 SQUARE FOOT ALLOWANCE.
SO I DON'T KNOW WHY YOU WERE ALLOWED TO HAVE THE LARGER SIGN TO BEGIN WITH.
DON'T ASK ME. I JUST [INAUDIBLE].
I DON'T KNOW EITHER, AND THAT'S WHAT I KEEP RUNNING INTO.
WE GET CHANGES OF PERSONNEL AND CHANGES OF OPINION.
YEAH. SO OKAY, I'VE GOT A QUESTION.
IS THIS THE CONDITION THE SIGN'S IN RIGHT NOW? JUST CURIOUS.
THAT WAS A CHEAT A LOT, AND THAT WAS A GOOGLE PHOTO FROM STREET VIEW, AND SO THAT TO ME LOOKED LIKE IT WAS LAST SPRING BASED ON WHAT YOU BASED ON THE TREES.
MY OTHER COMMENTS ARE JUST THAT ABOUT 12.5 MINUTES WE SET PRECEDENTS FOR A CASE.
I KNOW THAT WE'VE MADE ARGUMENTS THAT ARE WHAT MAKES THIS DIFFERENT THAN THE PREVIOUS CASE.
THIS CHURCH SETS OFF AN ARTERIAL JUST LIKE THE PREVIOUS ONE.
THE PREVIOUS CHURCH WAS ACROSS A RESIDENTIAL ROAD FROM RESIDENTIAL HOMES. THIS ONE BACKS INTO RESIDENTIAL HOMES.
I JUST DON'T FEEL RIGHT CHANGING WHAT WE JUST SAID.
IF WE WOULD HAVE ALLOWED THE FIRST GROUP, A, THEY DIDN'T SHOW UP, SO I'M PROBLEM WITH THAT, BUT IF THEY'D HAVE SHOWED UP AND MADE THE SAME ARGUMENT, THEN WE SHOULD HAVE ALLOWED THEM TO MAYBE CONVINCE US TO HAVE A VOTE.
I DON'T KNOW THAT IN A COUPLE MONTHS IN APRIL WE ARE GOING TO RECOMMEND OR THE CITY COUNCIL WOULD RECOMMEND SIGN ORDINANCE TO CHANGE IN SINGLE FAMILY.
THAT'S A GOOD POINT. YOU KNOW, IN APRIL, I MEAN, TO COMPARE IT TO THE PREVIOUS ONE, HIGH DENSITY RESIDENTIAL, YOU KNOW, WOULD ALLOW FOR SIGNS, BUT SINGLE FAMILY RESIDENTIAL, NOT NOT A SIGN FRIENDLY ZONING, AND I DON'T KNOW THAT WOULD EVER CHANGE.
YEAH THAT IS. MAY I ADDRESS THAT? I THINK, TO YOUR POINT AT LEAST, THERE'S AN OPPORTUNITY TO THINK ABOUT SIGNAGE IN ZONING DISTRICTS, AND, YOU KNOW, I WOULD HOPE THAT AT LEAST THE, THE THOUGHT PROCESS WOULD BE OPEN TO SAY, OKAY, WELL, IF YOU HAVE A CHURCH IN A RESIDENTIALLY ZONED DISTRICT, BUT IT'S LOCATED ON A THOROUGHFARE THAT'S NOT THE SAME AS A CHURCH BEING ON, YOU KNOW, INSIDE A NEIGHBORHOOD, AND SO TO YOUR POINT, WE NONE OF US CAN PREDICT THE FUTURE, RIGHT? I THINK TECHNICAL ARGUMENTS CAN BE MADE FOR A CHANGE, BUT WE DON'T KNOW UNTIL YOU GUYS ACTUALLY DISCUSS IT, AND SO I'M NOT SURE I'M ANSWERING YOUR QUESTION, BUT I THINK I'M JUST SAYING THAT THERE MIGHT POSSIBLY BE AN OPPORTUNITY FOR A CHANGE.
TO ADDRESS THIS ISSUE BECAUSE WE'RE GOING TO FIND THIS QUITE OFTEN, I THINK.
ANY OTHER QUESTIONS FOR THE APPLICANT? SIR, COULD YOU STATE YOUR NAME AND ADDRESS REAL QUICK? YES, DR.
DAVID LANCE, CHURCH IS 8001 UPLAND AVENUE HERE IN LUBBOCK, TEXAS, 79424.
THANK YOU. WE MAY HAVE MORE QUESTIONS FOR YOU.
IS THERE ANYONE HERE TO SPEAK IN OPPOSITION TO THIS ZONE CASE?
[01:10:01]
YES, MA'AM. YOU ALL ARE WELCOME TO STEP UP TO THE PODIUM AND SPEAK IN OPPOSITION, IF YOU'D LIKE.PLEASE. MY NAME IS BECKY DRACHENBERG AND I LIVE AT 7211 78TH.
I REALIZE I'M AGAINST PROFESSIONALS UP HERE, AND I DON'T KNOW HOW WIDE AN ALLEY IS, BUT I'M THE HOUSE RIGHT THERE THAT I THROW MY ZUCCHINI AND STUFF OUT THE BACK GATE ONTO THEIR PROPERTY.
THAT'S NOT WORTH TAKING INTO THE HOUSE.
I THINK THEY SHOULD BE ABLE TO DO THAT.
I HOPE COMMON SENSE PREVAILS AND YOU ALL CAN FIGURE OUT A WAY FOR THAT TO HAPPEN.
MY PROBLEM IS, IF THEY DECIDE TO FOLD OR SOMETHING WERE TO HAPPEN TO THAT CHURCH, THEN WHO'S GOING TO COME IN AND BUY THAT COMMERCIAL PROPERTY AND PUT SOME BUSINESSES IN THERE THAT WE DON'T WANT? THANK YOU. WAS THERE SOMEBODY ELSE THAT WANTED TO SPEAK IN OPPOSITION? YES, MA'AM? IDA BLESSING 7206 78TH STREET.
WHEN I RECEIVED THE LETTER, I CONTACTED PASTOR LANCE AND HE INFORMED ME THAT HE WAS JUST TRYING TO GET A SIGN AFTER THE STORM IN JUNE, AND HE SAID THAT BECAUSE OF WHAT HAPPENED, TRYING TO GET THAT SIGN THAT HE HAD TO HIRE HUGO REED, AND HE SAID AT GREAT EXPENSE OF $10,000, AND I HATE THAT, FOR I HATE THE THOUGHT OF THAT, A CHURCH IN THIS CITY TO REPLACE A SIGN, AND WE DON'T CARE IN OUR SUBDIVISION.
WE'VE ALL TALKED ON OUR PRIVATE FACEBOOK GROUP.
WE'D LOVE FOR THEM TO HAVE THE BIGGEST SIGN THEY WANT.
I DON'T KNOW HOW BIG YOUR CONSTITUENT IS CONSTITUENCY IS AT THE CHURCH, BUT, IF THIS CHURCH DECREASES AND I DON'T KNOW HOW BIG IS YOUR CHURCH? CAN I ASK THAT QUESTION? YOUR MEMBERSHIP? 75 PEOPLE SUPPORTING A BIG BUILDING AND A BIG LOT, AND, YOU KNOW, THINGS CHANGE.
MEGACHURCHES ARE COMING IN AND A LOT OF PEOPLE ARE [INAUDIBLE] GOING TO CHURCH, UNFORTUNATELY.
SO THE NEIGHBORHOOD IS WORRIED ABOUT THE N-C BECAUSE WE'D RATHER ADDRESS IT WHEN THEY WERE GOING TO IF THEY DECIDED TO SELL THE BUILDING DOWN THE ROAD, AND MAYBE EVEN WHEN YOU AND I ARE GONE, WHO KNOWS? SO WE'RE CONCERNED ABOUT THAT, AND WHAT ANDY HUTCHINSON SAID, I AGREE WITH 100%.
WE DON'T CARE HOW BIG THEIR SIGN IS, AND WE WISH THE CITY WOULD CONSIDER RECONSIDER FOR CHURCHES, AND THEY DO FACE UPLAND.
THERE ARE HOUSES DIRECTLY ACROSS THE STREET ON 80TH STREET AND 81ST.
LET'S SEE, OH IT WOULD BE THE OTHER WAY.
SO THEY DO FACE PEOPLE, BUT THEY'RE SET WAY BACK.
THEY'RE WONDERFUL NEIGHBORS, THEY KEEP THEIR YARD MOWED.
IT STILL LOOKS GOOD FROM THE STREET, AS FAR AS I CAN TELL.
I KNOW IT'S GOT PROBLEMS. I KNOW IT GOT HIT.
SO WE JUST WANT TO PLEAD TO YOU TO GO AHEAD AND SEE IF YOU CAN HELP CHURCHES OUT.
I HATED THAT THEY SPENT $10,000 WITH 75 MEMBERS OF THEIR CHURCH.
COMMERCIAL 82ND AND UPLAND IS SO BUSY AT 5:00 WE CAN'T GET OUT OF OUR ALLEY BETWEEN 78TH AND 77TH STREET TO GET ON TO UPLAND AT AT RUSH HOUR MORNING, NOON AND EVENING.
IS THERE ANYONE ELSE HERE TO SPEAK IN OPPOSITION? YES, SIR. GARY SAMUELS, 7209 78TH STREET.
[01:15:02]
I LIVE DIRECTLY ACROSS THE ALLEY FROM THE CHURCH.I BUILT MY HOME ABOUT 20 YEARS AGO.
YOU MAKING ANY PLANS TO MOVE? HE SAID NO, AND AS A I BELIEVE IN, BUT I DON'T THINK IT WOULD BE WISE TO SAY, YEAH, GO AHEAD AND TURN THAT INTO COMMERCIAL, BECAUSE THERE IS NO TELLING WHAT COULD HAPPEN TO IT AT THAT POINT.
I URGE YOU TO PLEASE DO SOMETHING ABOUT THIS SIGN SITUATION.
YOU SAY THAT IT'S IN THE WORKS.
20 YEARS OR 30 YEARS, ACTUALLY, AND HE CAN'T GET HIS SIGN FIXED.
THERE'S SOMETHING WRONG WITH THAT.
IS THERE ANYONE ELSE HERE TO SPEAK? IN OPPOSITION? OKAY. NOT SEEING ANY. IS THERE ANYBODY HERE TO SPEAK IN FAVOR? OKAY, THEN WE WILL CLOSE THE PUBLIC HEARING.
I STAND BY MY EARLIER STATEMENT.
I MEAN, TERRY, YOU DID A GREAT JOB REPRESENTING YOUR CLIENT.
I AGREE WITH WHAT BRANDON SAID, THAT WE, YOU KNOW, SETTING A PRECEDENCE FOR THIS.
I'D LIKE TO MAKE A MOTION TO POSTPONE ZONE CASE 3492 INDEFINITELY.
SO I JUST I THINK THAT, WE'VE GOT TO FIX THIS, LIKE YOU ALL ARE SAYING, LIKE WE'VE GOT TO FIX THIS.
[INAUDIBLE] YEAH, IT'S NOT, AND IT DOES STINK THAT YOU HAVE TO WAIT, YOU KNOW, UNTIL POTENTIALLY SUMMER TO GET IT DONE, BUT I'M GLAD THAT ERIC AND ROBBIE ARE HERE TO, TO HEAR THIS BECAUSE THEY CAN BE A SOUNDING BOARD FOR US, THE CITY COUNCIL, BUT WE NEED TO GET THIS FIXED, AND SO FOR ME, I STAND BY MY EARLIER STATEMENT.
I AGREE BECAUSE I EMPATHIZE WITH THEM AND OBVIOUSLY THE NEIGHBORHOOD EMPATHIZES WITH THEM, AS WE CAN TELL BY WHAT THEY'VE SAID ABOUT IT BEING GOOD NEIGHBORS AND STUFF, AND I HATED THAT IT GOES THE MONEY, BUT I STILL GO INTO THE CONSISTENCY ON IT BECAUSE I THINK WE'LL JUST MUDDY THE WATERS EVEN MORE, AND I THINK THIS IS PUTTING MORE OF AN URGENCY TO US IN THE CITY COUNCIL TO UNDERSTAND THIS IS SOMETHING THAT'S GOT TO BE ADDRESSED.
IT'S NOT A OH, MAYBE IT'S COME UP FIRST TIME FIRST MEETING AND WE HAVE TWO OF THEM.
I JUST WANT TO ADD THAT I EMPATHIZE WITH YOU, PASTOR.
I DON'T KNOW IF YOU REMEMBER ME. I WENT TO YOUR CHURCH AS A KID.
ELGIN AVENUE BAPTIST CHURCH MERGED WITH YOUR CHURCH, AND SO I DO EMPATHIZE WITH YOU.
WELL, ISN'T THIS. BY NO MEANS ARE WE BEING PUNITIVE.
ANY ANYTHING ELSE? THE MOTION WAS TO POSTPONE INDEFINITELY.
SAME SCENARIO THAT WE HAD FROM THE CASE PREVIOUSLY.
WE HAVE A SECOND. ANY DISCUSSION? ALL IN FAVOR? AYE. ALL OPPOSED? WE HAVE ONE OPPOSED, SCOTT? YOU GOOD, KAREN? OKAY, THEN THAT CONCLUDES.
* This transcript was compiled from uncorrected Closed Captioning.