Oct 07, 2025 Planning & Zoning

[I. Call to Order]

[00:00:07]

LADIES AND GENTLEMEN, WELCOME TO THIS OCTOBER, THE SEVENTH MEETING OF THE CITY OF TYLER PLANNING AND ZONING COMMISSION. FIRST ORDER OF BUSINESS IS TO CALL THE ROLL. HE'S DOWN HERE.

YES, SIR. CARLENE. DARK BASS PRESENT. CLINT CHILDS. PRESENT. PHILIP. HUMBER, CHRISTINA DAVIS.

PRESENT. MICHAEL CARMICHAEL. PRESENT. ROY MARTINEZ PRESENT. DAVID HUDSON PRESENT. THE PLANNING AND ZONING COMMISSION MAKES RECOMMENDATIONS TO THE CITY COUNCIL. ANY ITEM APPROVED TODAY WILL BE HEARD BY THE CITY COUNCIL AT ITS REGULAR MEETING ON WEDNESDAY, OCTOBER 22ND, COMMENCING AT 9 A.M. IF YOU RECEIVED A NOTICE FOR THIS MEETING, YOU ALSO RECEIVED A NOTICE FROM THE CITY COUNCIL MEETING. IF ANY ITEM IS DENIED, THE APPLICANT HAS TEN CALENDAR DAYS TO FILE A WRITTEN APPEAL WITH THE PLANNING DEPARTMENT. THE APPEAL WILL THEN BE ACTED UPON BY THE CITY COUNCIL. IF YOU'RE HERE TO SPEAK FOR OR AGAINST AN ITEM, PLEASE STATE YOUR NAME AND ADDRESS. FOR THE RECORD, COMMENTS SHOULD BE LIMITED TO FIVE MINUTES OR LESS, ALTHOUGH EXTENSIONS OF TIME MAY BE GRANTED BY THE CHAIR UPON REQUEST AT THE CONCLUSION OF THIS MEETING, WE ALWAYS HAVE A WORK SESSION TO PLAN FOR NEXT MONTH'S MEETING, AND THAT MEETING WILL BE HELD DIRECTLY AT THE CONCLUSION OF THIS MEETING AND LIKE ALL OF OUR MEETINGS, IS OPEN TO THE PUBLIC AND IT WILL BE HELD AT THE TYLER DEVELOPMENT CENTER ACROSS THE STREET AT 423 WEST FERGUSON, IN THE LARGE CONFERENCE ROOM. THE NEXT ORDER OF BUSINESS ON

[IV. Consideration of minutes from the Commission meeting of September 2, 2025]

[V. Receive presentation of the 2025 Richard R. Lillie, Fellows of the American Institute of Certified Planners (FAICP) Program for Planning Excellence Recognition]

KYLE, TELL US, TELL US ABOUT ALL THE GREAT JOB WE'VE DONE HERE. THANKS. GOOD AFTERNOON.

COMMISSIONERS. THIS IS A RECOGNITION THAT WE RECEIVED FROM THE TEXAS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION. IT'S ACTUALLY IN THE 11TH, 11TH CONSECUTIVE CONSECUTIVE YEAR THAT WE'VE RECEIVED THIS RECOGNITION. FORMALLY. IT'S THE THE RICHARD LILLY F.A.C.P PROGRAM FROM PLANNING EXCELLENCE. AND PART OF THAT IS KIND OF SCORING ON HOW MANY, YOU KNOW, HOW HOW TRAINED STAFF IS, IF THEY RECEIVED TRAINING THROUGHOUT THE YEAR. ALSO, THE PLANNING COMMISSION, HAVING TRAINED Y'ALL ARE AND ALSO LOOKING AT THE PREVIOUS PLANS WE'VE ADOPTED AND THE IMPLEMENTATION OF THOSE PLANS. SO AGAIN THIS YEAR WE DID RECEIVE RECOGNITION FROM THE APA TEXAS CHAPTER. AND SO IT'S MY PRIVILEGE TO ANNOUNCE THAT TO THE TO THE COMMISSION HERE. WE DO HAVE THE PLAQUE THERE IN THE MIDDLE, JUST IN THE MIDDLE OF THE HORSESHOE HERE. AND AND SO WE CAN TAKE A PICTURE AFTER IF YOU'D LIKE. AND SO BUT LIKE I MENTIONED, THIS IS THE 11TH YEAR THAT WE'VE RECEIVED THIS. WE PLAN TO RECEIVE THE NEXT YEAR AS WELL HOPEFULLY. AND I JUST WANTED TO THANK THIS MOMENT TO ALSO KIND OF HIGHLIGHT THAT WE ARE FOR THE CITY IS WORKING ON AN UPDATE TO THE THE CITYWIDE COMPREHENSIVE PLAN. AS YOU SEE HERE ON THE SCREEN, WE WE DO HAVE A WEBSITE CALLED TYLER TOMORROW.COM. YOU CAN GO THERE AND AND SEE WHERE WE ARE WHEN THE PROGRESS WE'RE MAKING TOWARDS THAT, THAT PLAN.

ALSO YOU CAN GO IN AND PROVIDE FEEDBACK TO THE TO THE CITY. JUST TO LET US KNOW WHEN YOU THINK OF TYLER, WHERE WHERE YOU MIGHT WANT TO SEE US GO IN THE FUTURE. AND BECAUSE AFTER ALL, AFTER ALL, IT'S A PUBLIC PROCESS, THE PUBLIC PLAN. AND SO WE WANT TO GET THAT FEEDBACK.

IT'S NOT TOO LATE. WE'RE STILL WORKING THROUGH THE THE PUBLIC ENGAGEMENT PROCESS OF THAT. AND SO WE'RE JUST WANT TO HIGHLIGHT THAT AS PART OF AS PART OF THIS ITEM. AND WITH THAT I'LL WE CAN PROCEED TO TO THE NEXT ITEM. THANK YOU. IT'S MY UNDERSTANDING THAT THE COUNCIL WILL FURTHER MAKE THIS RECOMMENDATION AT THEIR MEETING ON WEDNESDAY. CORRECT. CITY COUNCIL WILL RECEIVE THE PRESENTATION TOMORROW AS WELL. AND I ALSO FAILED TO ANNOUNCE

[00:05:04]

[VI. Z25-024 JOHNNIE MASS (719, 731, 805, AND 809 BRITTON AVENUE)]

ALRIGHT, SHEILA. GOOD AFTERNOON COMMISSIONERS I'M SHEILA HENDERSON PLANNING WHO'S ASSIGNED TO THIS CASE. THIS IS A REZONING A ZONING CASE FROM R-1A SINGLE FAMILY RESIDENTIAL DISTRICT TO PMF PLANNED MULTIFAMILY AND R-1 SINGLE FAMILY ATTACHED AND DETACHED RESIDENTIAL DISTRICT. THE ADJACENT PROPERTIES, AS YOU CAN SEE TO THE NORTH OR R-1A AND YOU'LL SEE JUST A COUPLE OF LOTS THERE THAT ARE C-1 COMMERCIAL PROPERTIES ADJACENT TO THE EAST AND THE WEST ARE ALSO R-1A, AND TO THE WEST THERE IS A PLANNED MULTIFAMILY LOT, AS WELL AS A COUPLE MORE R-1A LOTS THERE ADJACENT TO THE SUBJECT PROPERTY. THE FUTURE LAND USE GUIDE IDENTIFIES THIS PROPERTY AS SINGLE FAMILY MEDIUM LOW DENSITY. THIS REQUEST WOULD AMEND THE FUTURE LAND USE GUIDE TO SINGLE FAMILY AND SINGLE FAMILY ATTACHED. AS YOU CAN SEE THERE, THE THE SUBJECT PROPERTY AND ADJACENT PROPERTIES AROUND THERE. THERE ARE A LOT THAT ARE UNDEVELOPED THERE AND FEW LOTS. THERE HAVE SINGLE FAMILY HOMES THAT ARE THERE. THIS IS THE SITE PLAN THAT WAS SUBMITTED TO US. THE APPLICANT IS PROPOSING FOR TWO FAMILY DUPLEXES AND 34 SINGLE FAMILY DETACHED HOMES. THE PROPOSED SETBACKS ARE 15FT AROUND THE FRONT, REAR AND SIDES. AS YOU CAN SEE, THERE IS A CENTER. IT'S A 25 FOOT CENTER DRIVEWAY THAT IS THE ENTRANCE AND EXIT POINT OF THE OF THE. PROPOSED ENTRANCE AND EXIT OF THE PROJECT. THERE'S ALSO PROPOSED A TEN FOOT BUFFER YARD. ALONG THE PERIMETER OF THE PROPERTY LINES. THE PROPOSED SIGNAGE, LANDSCAPING AND PARKING WILL MEET THE UNIFIED DEVELOPMENT CODE REGULATIONS. THIS REQUEST FURTHER FURTHERS THE GOAL OF ADDING ADDITIONAL RESIDENTIAL UNITS, RESIDENTIAL ROOFTOPS TO THE NORTH END, AND THIS REQUEST WOULD BE. WOULD MEET THAT OF THE TEN NOTES IS THAT WERE MAILED. NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. STAFF FOR THIS CASE HAS PERFORMED A TECHNICAL REVIEW OF THE REQUEST, AND FINDS THAT IT IS GENERALLY CONSISTENT WITH THE APPROVAL CRITERIA. STAFF RECOMMENDS APPROVAL OF THE REQUEST. OKAY, ANY QUESTIONS FOR. STAFF? TELL ME. TELL ME WHAT'S DIFFERENT BETWEEN THIS AND THE ONE THAT WE TABLED LAST MONTH? THE ONE THAT WAS TABLED? WE. WE WERE OF COURSE, WHAT WAS DECIDED WAS THAT THE 30 DAYS WERE TO ALLOW THE APPLICANT TO ADDRESS CONCERNS. SOME OF THOSE CONCERNS WERE THAT DENSITY, PARKING AND SETBACKS, WHICH WERE NOT DISPLAYED ON THE ON THE PREVIOUS SITE PLAN. AS YOU CAN SEE, THERE'S ALSO SOME LANDSCAPING THAT WAS ADDED AND A FEW MORE DETAILS, SITE PLAN DETAILS THAT WERE NOT INCLUDED ON THE ORIGINAL. BUT IF CITY STAFF IS RECOMMENDING THIS, YOU RESOLVED THOSE TO YOUR

[00:10:03]

BRITTON. OKAY. ANY QUESTIONS FOR THIS GENTLEMAN? ALL RIGHT. THANK YOU. THANK YOU FOR YOUR TIME, TIME AND PRESENTS. ARE THERE OTHERS WHO WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE THIS REQUEST. IS THERE A MOTION? MR. CHAIRMAN, I WILL MOVE TO APPROVE THIS ITEM. D 20 5-024. I'LL SECOND MOTION HAS BEEN MADE AND SECONDED. ANY FURTHER DISCUSSION? IF NOT, ALL IN FAVOR SAY AYE. AYE AYE. ANY

[VII.1. Z25-025 JACK L & SUSAN W SELMAN (1512 EAST HOUSTON STREET)]

THIS, BUT THEY ARE DEVELOPED WITH SINGLE FAMILY HOMES. THE TYLER FIRST FUTURE LAND USE GUIDE IDENTIFIES THIS PROPERTY AS SINGLE FAMILY, MEDIUM LOW DENSITY. THIS REQUEST WOULD AMEND THE FUTURE USE LAND USE GUIDE TO SINGLE FAMILY AND SINGLE FAMILY ATTACHED. THE APPLICANT IS REQUESTING THE ZONE CHANGE TO SUBDIVIDE THE PROPERTY. THAT NORTHERN PORTION THAT YOU CAN SEE IT'S CURRENTLY THERE IS A HOME ON THE PROPERTY THAT HOME WILL STAY. IT IS BEING RENOVATED, BUT THE THE TO THE NORTH OF THAT, THE APPLICANT IS PLANNING TO SUBDIVIDE THE PROPERTY AND TO PUT A SINGLE FAMILY HOME. THE APPLICANT HAS SHARED WITH STAFF THAT THAT SUBDIVIDED LOT WOULD BE SOMEWHERE IN THE 4000 SQUARE FOOT RANGE, AND THE HOME THAT WOULD BE BUILT THERE WOULD BE SOMEWHERE 8000 SQUARE FOOT HOME. TO MEET, AND THAT THAT'S THE HOME WOULD BE FACING MAHONE DRIVE. AND I'M SORRY, MAHONE AVENUE. AND TO MEET THAT THE R1 D SETBACKS. THAT'S THE REASON FOR THE THE THE SMALLER TYPE HOME. OVER THE PAST TWO DECADES.

AS YOU CAN SEE FOR THIS AREA, THE NEIGHBORHOOD HAS CONTINUED TO EVOLVE IN FAVOR OF SINGLE FAMILY DEVELOPMENT, WHICH ALIGNS WITH THE ACTUAL CHARACTER THAT'S THERE. SO THE HOMES THAT YOU SEE THERE ARE AROUND THE 1000 12,000 SQUARE FOOT TYPE OF, OF HOMES THAT THAT ARE THERE CURRENTLY THERE. OF THE 20 NOTICES THAT WERE MAILED, NO NOTICES WERE WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. STAFF RECOMMENDS APPROVAL.

THANK YOU SHEILA. ANY QUESTIONS FOR CITY STAFF? ANY QUESTIONS? IF YOU REMIND ME WHAT THE SETBACK IS, THE DIFFERENCE BETWEEN THE R-2 AND THE R1 D THAT'D BE RECOMMENDED. THE R-2, THE R, THE R1 IS IS HAS A MINIMUM SQUARE FOOTAGE OF 3000FT■!S. OKAY. AND THE SETBACK SETBACKS. I'M SORRY. THE SETBACKS FOR R1 IS 25 IN THE FRONT, 15 IN THE REAR, ZERO

[00:15:06]

INTERIOR. IS THAT CONSIDERED INTERIOR? YES OKAY. AND THE ADJACENT PROPERTY THAT HAS THAT STRUCTURE. WHAT WOULD BE THE SETBACK FROM THERE. THE ENTIRE LOT WOULD BE WOULD THE R1 D. YOE EXISTING HOUSE? SO THAT THE NEW PROPERTY LINE FOR THAT TO SUBDIVIDE THAT LOT WOULD HAVE TO BE 50 AT LEAST 15FT FROM THE BACK OF THE HOUSE. AND THEN THAT'S WHERE THE NEXT HOUSE COULD START. OKAY. SO AT LEAST 15FT OR LIKE MORE LIKELY 20FT OKAY. OKAY. ANY OTHER ANY OTHER QUESTIONS. OR OUR NEW SEASON? ZELMAN SHE'S NOT HERE. ANYBODY HERE REPRESENTING THE APPLICANT ON THIS ITEM? YES, SIR. WOULD YOU LIKE TO COME STATE YOUR NAME AND ADDRESS FOR THE RECORD? LET ME JUST ASK THE PROPER. THE SELMON STILL OWN THIS PROPERTY AND YOU'RE DEVELOPING IT, OR ARE YOU BUYING IT OR. YES, SIR. MY NAME IS JUAN ALFARO AND I OWN THE PROPERTY. I BOUGHT IT ABOUT THREE MONTHS AGO. OKAY. I'M REMODELING THE HOUSE AND THEN. AND THE PURPOSE IS TO BUILD SMALL HOUSE IN THE BACK. BACK LOT, WHICH IT WILL BE, WILL BE HAD TWO SETBACKS. IT WILL FIT SETBACKS REQUIRED BY THE CITY. STATE. YOUR NAME, ADDRESS FOR THE RECORD, PLEASE.

JUAN ALFARO. AND WHAT'S YOUR ADDRESS? MY MAILING ADDRESS? YES. 1600 EVERGLADES DRIVE, TYLER, TEXAS 75703. OKAY. ANY QUESTIONS FOR THIS GENTLEMAN? ALRIGHT. THANK YOU. THANK YOU SIR. THE ANY ANY OTHER PERSON WOULD LIKE TO SPEAK ON THIS ITEM FOR AGAINST. IF NOT THE STAFF RECOMMENDATION IS TO APPROVE. IS THERE A MOTION? MR. CHAIRMAN I MOVE. WE APPROVE THE 25 ZERO 27 SECOND OR 25. EXCUSE ME. MOTION HAS BEEN MADE AND SECONDED. ANY FURTHER DISCUSSION? IF NOT. ALL IN FAVOR, SAY AYE. AYE AYE. ANY OPPOSED? ITEM IS APPROVED. NEXT

[VII.2. Z25-027 MARTEL JOSEPH M 2012 GST EXEMPT TRUST ET AL (6122 NEW COPELAND ROAD)]

[00:20:05]

THE CLOSER IT'S A IT'S A LONG, NARROW PIECE OF LAND. SO AND WE'VE GOT THE POWER LINES TO THE SOUTH THERE. SO WE'VE GOT A A DOUBLE LOADED RESIDENTIAL STREET GOING IN WITH CUL DE SAC AT THE END AND A TURNAROUND ABOUT HALFWAY DOWN. I CAN PASS THIS AROUND TO I BROUGHT ALL OF TWO COPIES. SO. IT'S STILL PRETTY ROUGH LAYOUT. WE'RE WE WE'RE WORKING ON THE SURVEYING AND BOUNDARIES AND BOUNDARY WORK HERE OVER THE NEXT MONTH OR SO. THANK. SO YOU'RE NOT YOU'RE NOT COMMITTED TO THIS. YEAH. NO, SIR. IT'S PRETTY PLAIN, JANE, BUT IT'S LIKE I MENTIONED, IT'S KIND OF JUST A LONG, STRAIGHT, NARROW PIECE OF LAND WE CAN DOUBLE LOAD. AND.

WOULD IT BE POSSIBLE TO GO BACK TO THE CURRENT ZONING MAP, PLEASE? YEAH, I THINK THERE WAS AN ERROR THERE. MICHELLE. MULTIFAMILY FOUR SEVEN, SINGLE FAMILY DOESN'T EXIST. YEAH.

WE'RE WAITING TO GO BACK TO THE ZONING MAP, WHICH. THAT'S PRETTY NICE BURGER. IT'S PRETTY.

IT'S THE BEST LOOKING BURB WE'VE EVER HAD. WE'RE WAITING FOR THAT. BOB DOES THIS. THE PROPOSED THEORY OF LAYOUT HERE, THIS WOULD HAVE WITH GARAGES AND SUCH IN THESE STRUCTURES.

YES. IT'D BE A TYPICAL SINGLE FAMILY, YOU KNOW, 12, 13, 14, MAYBE 1500 SQUARE FOOT HOUSE.

THERE, BUT R1, B ZONING. SO WE'RE 6000 SQUARE FOOT MINIMUM LOTS I THINK SETBACKS ARE SIX ON THE SIDES, 25 FRONT REAR. OKAY. SO IT'S A STARTER HOME OKAY. THANK YOU. SO WHAT YOU WANT TO SEE FIRST IT WAS THANK YOU. ANY ANY. OTHER QUESTIONS FOR MISTER FRIEDLAND. ALL RIGHT.

THANK YOU. THANKS BOB FOR YOUR PRESENT. ARE THERE OTHER PERSONS WHO WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? IF, IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE.

IS THERE A MOTION? SO, CHAIRMAN, I'LL MOVE TO APPROVE ITEM Z 25 027. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION, IF NOT ALL THOSE IN FAVOR, SAY AYE.

[VII.3. S25-004 AAMINA CORPORATION (712 WEST HOUSTON STREET)]

THE ADJACENT PROPERTIES ARE MAJORITY ZONED C-1, WHICH IS OUR LIGHT COMMERCIAL DISTRICT AS WELL WITH SOME AR, WHICH IS OUR ADAPTIVE REUSE DISTRICT, AND SOME RMF, WHICH WOULD BE OUR MULTIFAMILY DISTRICT. RESIDENTIAL FUTURE LAND USE WOULD BE SINGLE FAMILY MEDIUM LOW DENSITY. AS YOU CAN SEE, THE SURROUNDING PROPERTIES ARE ARE BUILT WITH COMMERCIAL USE

[00:25:04]

YES. HELLO. SO MY NAME IS HASSAN KHAN. ADDRESSES 1717 SHILOH ROAD. BEFORE I BEGIN, WE DID. SO I'M THE. I'M THE OWNER OF THE BUSINESS. AND WE DID GET A HANDFUL OF SIGNATURES FROM PEOPLE WHO LIVE NEARBY ASKING FOR THEIR IF THEY'RE IN FAVOR OF US BEING OPEN. AND THEY ARE, THEY SHOULD BE UP HERE IF ANYBODY. OKAY. SO THOSE ARE SIGNATURES OF PEOPLE WHO LIVE NEARBY. BASICALLY, WE WERE GIVEN THE SPECIAL USE PERMIT LAST YEAR IN DECEMBER. IT WAS A ONE YEAR GIVE TO SEE HOW IT GOES. AND WE FROM FROM OUR END WE HAVE NOT HEARD ANY ANY COMPLAINTS OF ANY KIND THAT HAVE HAPPENED SO FAR. NEITHER HAVE POLICE REPORTS HAVE HAPPENED THAT WE ARE AWARE OF OR ANY COMPLAINTS OF ANY CUSTOMERS. AND LASTLY, WHAT I WOULD WANT TO SAY IS THAT MAJORITY, NOT ONE PERSON WHO HAS COME OR HAS SEEN THE SMOKE SHOP SEEMS TO HAVE HAVE HAD AN ISSUE WITH IT. THEY ALL SEEM TO SEEM TO BE PRETTY, PRETTY CONTENT WITH IT BEING THERE, MOST OF THEM EVEN HAPPY WITH IT BEING THERE. ANY QUESTIONS FOR THIS GENTLEMAN? I HAVE A QUESTION. SO IS IT YOUR STATEMENT TODAY THAT YOU ARE NOT AWARE OF ANY POLICE REPORTS TO YOUR BUSINESS? YES. THOSE THOSE WE HAVE NO AWARENESS OF ANY OF THAT. SO IF THERE WERE AGGRAVATED ASSAULT OR VEHICLE ROBBERIES HAPPENING, VEHICLE BURGLARIES HAPPENING AT YOUR BUSINESS, YOU'RE NOT AWARE OF THOSE. THOSE WOULD NOT HAVE HAPPENED IN OUR BUSINESS. THERE WERE NO ROBBERIES WHICH HAVE HAPPENED IN THE YEAR THAT WE'VE HAD THE PERMIT, WHICH IF IT HAD HAPPENED BECAUSE WE HAVE CAMERAS EVERY PLACE AND SURVEILLANCE WE HAVE LIKE PEOPLE WHO SURVEILLANCE CAMERAS FOR US AND SEE WHAT'S GOING ON.

WE HAVEN'T HAD ANY ROBBERIES OR ANY LIKE AGGRAVATED ASSAULT. WE HAVE NOT HAD ANY OF THAT GOING INSIDE THE SHOP. THERE MIGHT BE STUFF OUTSIDE THE SHOP, LIKE JUST PEOPLE, WHICH HAS NOTHING TO DO WITH US. BUT AS FAR AS AS FOR US, WE HAVE NOT HAD ANY COMPLAINTS OR ANYTHING LIKE

[00:30:05]

ANY OTHER I HAVE A QUICK QUESTION JUST FOR CLARITY'S SAKE. SO I HEARD THE CITY MENTIONED ILLEGAL SALES. SO WAS THAT SOMETHING? YEAH, THAT THAT AGAIN I'M NOT AWARE OF ANYTHING LIKE THAT. BUT EVERYTHING WE HAVE IS LEGAL AND WE HAVE PAPERWORK. SO EVERYTHING CLOSE.

SO IF THAT'S ANY CONCERN, WE CAN, LIKE WE'RE FINE WITH ANYONE COMING IN AND INSPECTING AT ANY POINT BECAUSE THAT IS SOMETHING THAT I HAVE NO CONCERN OF US EVEN DOING. KYLE, IS THAT APPROPRIATE FOR ME TO ASK YOU GUYS TO, LIKE, EXPOUND ON THAT, OR DO YOU HAVE ANY EXTRA INFORMATION REGARDING THAT JUST SO WE CAN MAKE SURE WE'RE. YEAH, I CAN SAY AS PART OF OUR REVIEW FOR THE RENEWAL OF THE S&P, WE WE DO CHECK WITH OTHER DEPARTMENTS SUCH AS CODE ENFORCEMENT, THE POLICE DEPARTMENT TO SEE IF THERE IS ANY, ANY, YOU KNOW, FEEDBACK OR ANY ANYTHING THAT THEY ENCOUNTERED AT THE LOCATION. AND THE THE RESPONSE WE DID RECEIVE FROM THE POLICE DEPARTMENT WAS THAT THERE. THEN THERE WAS INSTANCES OF. ILLEGAL SALES OF OF OF PRODUCTS AT THE, AT THE LOCATION. SO. AND MY UNDERSTANDING IS THAT THEY DID RECEIVE A CEASE AND DESIST LETTER FROM THE POLICE DEPARTMENT FOR FOR THAT. AND BUT WITH THAT BEING SAID, YOU KNOW, THAT'S, THAT'S MEANT TO INFORM THE DISCUSSION ABOUT THE, THE CRITERIA FOR SPECIAL USE, WHICH IS THAT IT DOESN'T IT'S NOT ANTICIPATED TO HAVE A NEGATIVE IMPACT OR ADVERSE IMPACT ON THE GENERAL WELFARE OR ON THE, ON THE, ON THE NEIGHBORHOOD. AND SO JUST THAT FEEDBACK THAT WE'VE RECEIVED FROM THE THE POLICE DEPARTMENT REGARDING THE LOCATION, THAT WAS ENOUGH FOR AT LEAST THE PLANNING STAFF TO TO RECOMMEND DENIAL. IF I COULD FOLLOW UP TO THAT. THE SEASON, WE DID NOT GET ANY LETTER. WE DID, IN FACT GET A LETTER FROM SO THE POLICE DEPARTMENT ONCE. BUT THAT LETTER WAS NOT TO US. IT WAS TO LIKE ALL THE SMOKE SHOPS, THE PEOPLE, THE TWO POLICE OFFICERS WHO CAME IN TO GIVE IT TO US.

WHEN THEY GAVE IT TO US, THEY SAID, THIS IS WE'RE GIVING THIS TO ALL THE SMOKE SHOPS IN TYLER.

AND THE LETTER DID NOT EVEN MENTION US BY NAME. IT WAS GENERALLY JUST SAYING SMOKE SHOPS IN TYLER. BUT AS AS IMPERSONALLY SOMETHING ADDRESSED TO US FROM THE POLICE DEPARTMENT I WE HAVE NOT GOTTEN ANYTHING LIKE THAT, WHICH WOULD BE ADDRESSED TO US SAYING THAT WE DID SOMETHING. AND WHAT DID THAT LETTER STATE? SO THAT LETTER WAS BASICALLY STATING THIS WAS DURING. SO THEY WERE TRYING TO DURING LIKE THE SPECIAL SESSION WHEN THEY WERE TRYING TO BAN SOME PRODUCTS WHICH ARE SOLD IN SMOKE SHOPS. AND THAT LETTER WAS STATING THAT THEY ARE BEGINNING A INVESTIGATION. ALL THE SMOKE SHOPS IN TYLER TO SEE IF THEY ARE SELLING IT TO MINORS OR IF THEY'RE SELLING ANYTHING ILLEGAL. THAT'S WHAT THE LETTER STATED. BUT IT DID NOT STATE THAT WE SOLD ANYTHING ILLEGAL AND THEY SAID THIS IS JUST US STARTING THE INVESTIGATION. BUT AFTER THAT WE HEARD NOTHING FROM THEM AND WE ALSO FROM OUR END, GOT MUCH MORE STRICT THAN WE WERE BEFORE, EVEN THOUGH WE WERE PRETTY STRICT FOR. ANY OTHER QUESTIONS FOR THIS SYNDROME. THANK YOU FOR YOUR TIME AND PRESENCE. ARE THERE OTHERS HERE WHO WOULD LIKE TO SPEAK ON THIS ITEM OR AGAINST? IF NOT, THE STAFF RECOMMENDATION IS TO DENY AND I'D RECOGNIZE CHRISTINA DAVIS FOR A MOTION. MR. CHAIR, I

[00:35:01]

MARTY, WOULD YOU CALL THE ROLL, PLEASE? YES, SIR. CARLENE. DARK BASS. HI, CLINT. GILES. I CHRISTINA DAVIS, I MICHAEL CARMICHAEL, I ROY MARTINEZ, I DAVID HUDSON I APPLICATION IS DENIED. THANKS FOR YOUR TIME AND PRESENCE HERE. THE NEXT ITEM ON OUR AGENDA IS 25 005

[VII.4. S25-005 TYLER LODGING LLC (621 EAST SOUTHEAST LOOP 323)]

AND THERE'S A THERE'S ANOTHER BUSINESS THAT SELLS ALCOHOL BESIDES TORCHY'S. YES. IN THE FRENCH QUARTER SHOPPING CENTERS IN THE WEST, THERE'S ACTUALLY A FEW, I MEAN. BUBBA'S 33, I

[00:40:03]

AND SO IN THE IN THE PAST IT'S BEEN RESTAURANTS THAT HAVE RECEIVED THE VARIANCE FOR FOR THE SCHOOLS AND AND FOR ALL INTENTS AND PURPOSES, WITH THIS HOTEL HAVING AND THEY'RE GOING TO HAVE A FOOD AND BEVERAGE CERTIFICATE AS WELL. SO THEY'LL BE ABLE TO HAVE FOOD AS WELL AS ALCOHOL. SO THAT'D BE THAT'D BE CONSISTENT WITH WHAT'S ALREADY BEEN DONE. OKAY. ANY OTHER QUESTIONS FOR CITY STAFF? ARE THE PERSONS HERE I'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST. IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE THIS DISTANCE VARIANCE. MR. CHAIRMAN, I'M SORRY. GO AHEAD. ONE CLARIFYING QUESTION FROM THE PACKET. DID I SEE THAT THE SUPERINTENDENT OF ISD DID SAY HE WAS TOTALLY FINE WITH THIS EXCEPTION AS WELL? JUST NOT A VAPE SHOP? THAT'S CORRECT. SO AND THAT DOES THAT'S IMPORTANT TO NOTE THAT THE THE PROTECTED USE, WHICH WOULD BE THE SCHOOL EXPRESS NO CONCERN WITH THE THE SALE OF ALCOHOL. THEY DIDN'T EXPRESS ANY CONCERN WITH, WITH THE SALE OF OF OF VAPING AND THINGS LIKE THAT, JUST BECAUSE OF THE DIFFERENT RECENT STATE LAWS AND, YOU KNOW, THE PROXIMITY OF THE SCHOOLS. IF I READ THE SAME LETTER THAT CARLENE DID, IT SEEMED TO EMPHASIZE THAT THERE THE TABC WOULD BE INVOLVED IN ENFORCEMENTS. SO THAT WOULD BE ANOTHER PROTECTION FOR THIS PARTICULAR VARIANCE. YES, SIR. THAT'S CORRECT. DID I READ THAT RIGHT I BELIEVE SO. OKAY, GOOD.

ALL RIGHT. ARE THERE OTHERS HERE WHO'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE THE DISTANCE VARIANCE. IS THERE A MOTION, MR. CHAIRMAN, I MOTION TO APPROVE S 25 005. SECOND MOTION HAS BEEN MADE. SECONDED. ANY DISCUSSION, IF NOT ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? THE DISTANCE VARIANCE IS

[VII.5. S25-006 SANDHU INVESTMENTS, LLC (6110 SOUTH BROADWAY AVENUE)]

NOTICE IS WE DID I THINK WE HAD I THINK THE APPLICANT APPLIED FOR AN INDEFINITE PERMANENT

[00:45:02]

[VII.6. N25-001 CITY OF TYLER (SETTLERS LANDING TO BASS PRO WAY)]

THE CITY WILL NOTIFY THE POST OFFICE OF THE REVISED ADDRESSES AND WILL PROVIDE ANY REQUIRED DOCUMENTATION AND TO ANY PARTIES REQUESTING SUCH INFORMATION. AS OF FRIDAY, OCTOBER 3RD. OF THE SIX NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. THE STAFF RECOMMENDS APPROVAL OF THE THOROUGHFARE. NAME CHANGE FROM SETTLERS LANDING TO BASS PRO WAY, SO ALL THESE ADJOINING PROPERTY OWNERS DIDN'T OBJECT TO THIS NAME CHANGE? NO. NO, SIR, WE HAVEN'T RECEIVED ANY NOTICES BACK FROM THEM. AND WERE THEY, ARE THEY AWARE THAT THEY WILL HAVE TO GO THROUGH ALL OF THE PROCESS OF CHANGING THEIR ADDRESS WITH EVERYONE? WAS THAT CLEAR TO THEM? I BELIEVE WE DID RECEIVE SOME INFORMATION IN FAVOR OF THEM. YEAH. AND IT'S IT'S ACKNOWLEDGED THAT THIS IS PART OF THE THE LARGER PLAN FOR THAT AREA. AND THE OTHER PART, TO ANSWER YOUR QUESTION IS A LOT OF THESE PROPERTIES ARE UNDEVELOPED AT THIS TIME AND ARE OWNED BY THE CITY OR, OR ARE ADDRESSED OFF ANOTHER STREET. SO WE DON'T ANTICIPATE THAT BEING AN ISSUE. THERE'S GOING TO PUT THE STREET IN. THE CITY IS ACTUALLY CONSTRUCTING THE THE LAST PART OF THE STREET.

AND THAT CAN START THIS MONTH. OKAY. ALL RIGHT. ARE THERE PERSONS HERE YOU'D LIKE TO

[00:50:06]

[VII.7. Z25-028 BEH INVESTMENTS LLC (1001 MEADOW LANE)]

LOCATED SOUTH SOUTH OF THE SOUTHEAST INTERSECTION OF WEST GENTRY PARKWAY AND MEADOW LANE.

THE ADJACENT PROPERTIES TO THE NORTH AND WEST ARE ZONED C-2 GENERAL COMMERCIAL DISTRICT, AND ARE DEVELOPED WITH COMMERCIAL USES. THE ADJACENT PROPERTIES TO THE SOUTH AND EAST ARE ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, AND ARE DEVELOPED WITH SINGLE FAMILY HOMES. THE FUTURE LAND USE GUIDE IDENTIFIES THIS PROPERTY AS SINGLE FAMILY MEDIUM LOW DENSITY. THE REQUEST WOULD AMEND THE FUTURE LAND USE GUIDE TO CHANGE IT TO OFFICE.

THE APPLICANT'S PROPERTY IS BEING SOLD TO A DENTAL OFFICE WHO OWNS THE PROPERTY TO THE NORTH, BORDERING THE SUBJECT PROPERTY. BORDERING THE SUBJECT PROPERTY. THE APPLICANT INTENDS TO USE THE SUBJECT PROPERTY FOR EMPLOYEE PARKING. THE PROPERTY IS CURRENTLY USED AS A RENT HOUSE, A TYPE B BUFFER YARD WILL BE REQUIRED TO TO BE ADJACENT TO THE R1, B TO THE SOUTH WERE TO THE R1, B TO THE SOUTH. ALSO, ANY PARKING SPOTS FACING RESIDENTIAL WILL NEED TO BE SCREENED. AS OF OCTOBER 3RD. OF THE 17 NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. STAFF RECOMMENDS APPROVAL OF THE ZONE CHANGE. ALL RIGHT.

THANKS. ANY QUESTIONS FOR STAFF? IS THE HOUSE BEING TAKEN DOWN FOR THE PARKING LOT? SO IT'LL ALL BE PARKING, CORRECT? YES, SIR. ALL RIGHT. ARE THERE PERSONS WHO WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE. IS THERE A MOTION? MAKE A MOTION TO APPROVE THE 25 028 SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? ITEMS

* This transcript was compiled from uncorrected Closed Captioning.