[00:00:01]
          SMART. LADIES, LADIES AND GENTLEMEN, WELCOME TO THIS MEETING OF THE CITY PLANNING 
          [I. Call to Order]
AND ZONING COMMISSION MEETING. THESE MEETINGS ARE OPEN TO THE PUBLIC, AND WE'RE ALWAYS GLAD TO HAVE OUR FRIENDS AND NEIGHBORS AND INTERESTED PARTIES ATTEND. THE FIRST ORDER OF BUSINESS IS A ROLL CALL TO SEE WHO'S HERE. YES, SIR. CARLENE. PRESENT. CLINT CHILDS. 
          PRESENT. PHILIP HUMBER. PRESENT. CHRISTINA DAVIS. PRESENT. MICHAEL CARMICHAEL. PRESENT. 
          ROY MARTINEZ, PRESENT. DAVID HUDSON. PRESENT. WE HAVE A FULL COMMISSION HERE TODAY. THE PLANNING AND ZONING COMMISSION MAKES RECOMMENDATIONS TO THE CITY COUNCIL ON. ANY ITEM APPROVED TODAY WILL BE HEARD BY THE CITY COUNCIL AT ITS REGULAR MEETING ON WEDNESDAY, FEBRUARY 25TH, COMMENCING AT 9 A.M. IF YOU RECEIVED A NOTICE FOR THIS MEETING, YOU ALSO HAVE RECEIVED A NOTICE FOR THE CITY COUNCIL MEETING. ANY ITEM IS DENIED. THE APPLICANT HAS TEN CALENDAR DAYS TO FILE A WRITTEN APPEAL WITH THE PLANNING DEPARTMENT. THE APPEAL WILL BE. THE 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 A WORKSHOP TO PLAN FOR NEXT MONTH'S MEETING, AND THOSE MEETINGS ARE ALL OPEN TO THE PUBLIC. AND IT WILL IT WILL OCCUR IMMEDIATELY AFTER THIS MEETING AND IT WILL BE HELD IN TYLER DEVELOPMENT CENTER ACROSS THE STREET FOR 23 WEST FERGUSON AND THE LARGE CONFERENCE ROOM. THE FIRST ORDER OF BUSINESS IS 
          [IV. Consideration of minutes from the Commission meeting of January 6, 2026]
MINUTES FROM OUR JANUARY THE 7TH MEETING. COMMISSIONERS HAD AN OPPORTUNITY TO REVIEW REVIEW THOSE. ANY CORRECTIONS CHANGES? ADDITIONS? IF NOT, IS THERE A MOTION? I MOVE THAT WE APPROVE THE MINUTES FROM JANUARY 7TH, SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THOSE MINUTES IN THE DISCUSSION. IF NOT, ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? THOSE MINUTES 
          [V.1. PD25-023 NORTHERN SPRUCE LLC (2801 AND 2835 SOUTH BROADWAY AVENUE)]
ARE APPROVED. WE WE ONLY HAVE ONE ZONING ITEM ON THE AGENDA TODAY AND THAT'S PD 25 023 NORTHERN SPRUCE WL C. HE'S GOING TO DO THIS. AND GOOD AFTERNOON COMMISSIONERS AND EVERYBODY PRESENT. MY NAME IS ANNA LUNA AND I'M A PLANNER FOR THE CITY FOR THIS. IT IS A THIS REQUEST IS IS A PLANNED DEVELOPMENT SITE PLAN AMENDMENT. IT IS LOCATED AT SOUTH BROADWAY. 
          AS YOU CAN SEE, THE MAJORITY OF THE ADJACENT PROPERTIES TO THE SOUTHEAST AND WEST ARE ZONED R1, A, WHICH IS OUR SINGLE FAMILY RESIDENTIAL DISTRICT. TO THE NORTH IT IS ZONED PCD, WHICH IS OUR PLANNED COMMERCIAL DISTRICT. BROADWAY IS DESIGNATED AS A MINOR ARTERIAL TO THE MASTER STREET PLAN, WHICH KIND OF HELPS TRANSITION THE COMMERCIAL USE TO RESIDENTIAL FOR FOR THE POD, WHICH IS WHAT THE PROPERTY IS CURRENTLY ZONED. FUTURE LAND USE WOULD BE CONSISTENT WITH A NEIGHBORHOOD COMMERCIAL. AS YOU CAN SEE, THE PROPERTY IS CURRENTLY UNDEVELOPED. MAJORITY OF THE ADJACENT PROPERTIES AROUND THE PROPERTY ARE DEVELOPED WITH SINGLE FAMILY HOMES. TO THE EAST THERE IS AN UNDEVELOPED LOT AND TO THE NORTH IT IS A MEDICAL FACILITY. 
          IN 2019, THE APPLICANT CHANGED THE ZONE FROM AN RMF, WHICH IS MULTIFAMILY RESIDENTIAL DISTRICT AND R1-A TO A POD, WHICH IS OUR PLANNED OFFICE DISTRICT WHICH REQUIRED A SITE PLAN. IT GOT APPROVED IN 2019 WHEN THE APPLICANT STARTED TO START THE DEVELOPMENT ON THE PROPERTY, IT WAS DISCOVERED THAT WHAT WAS THOUGHT TO BE AN ABANDONED SEWER LINE BECAME AN ACTIVE ONE, AND IT SITS RIGHT ON WHERE THE PROPERTY WAS PROPOSED TO TO BUILD THE THE BUILDING. SO THE APPLICANT IS REQUESTING AN AMENDMENT IN ORDER TO BE ABLE TO DEVELOP THIS PROPERTY. THIS IS THE PROPOSED SITE PLAN THAT WAS GIVEN ORIGINALLY, WHICH PROPOSED TWO BUILDINGS, ONE OF 3000FT■!S TO THE NORTH AND THE SECOND ONE OF 6000 TO THE SOUTH END. THE APPLICANT PROPOSED THIS SITE PLAN YESTERDAY. THERE WAS HIGH PROTEST FROM THE 
          [00:05:05]
NEIGHBORS IN CONCERNS OF LOSS OF PRIVACY, DRAINAGE IMPACT, INCREASED TRAFFIC, BUILDING HEIGHT AND CLOSER PROXIMITY TO THE RESIDENTS IN THE SOUTH. WITH THAT FIRST SITE PLAN THAT WAS GIVEN, THE APPLICANT GOT IN COMMUNICATION WITH THE NEIGHBORS AND ACKNOWLEDGED THEIR CONCERNS AND SUBMITTED THIS NEW LAYOUT. YESTERDAY, WE WERE MADE AWARE BEFORE THE MEETING THAT THERE IS A NEW LAYOUT THAT WE HAVEN'T HAD A CHANCE TO SEE. OF THE 14 NOTICES MAILED, SIX NOTICES WERE RETURNED IN IN OPPOSITION AND ONE WAS RETURNED IN FAVOR OF THE REQUEST. WE ADDITIONALLY RECEIVED FOUR ADDITIONAL OPPOSITIONS WITHOUT OUTSIDE OF THE 200 RADIUS BUFFER NOTIFICATION AREA, BRINGING THIS PROTEST CALCULATION TO 20.44%, WHICH WOULD REQUIRE A THREE FOURTHS MAJORITY VOTE AT CITY COUNCIL FOR APPROVAL. 
          STAFF AT THIS MOMENT RECOMMENDS TO TABLE THE ITEM FOR 30 DAYS. FOR MORE REVIEW OF OF THE SITE PLAN. THANK YOU, THANK YOU COMMISSIONERS. ANY QUESTIONS FOR CITY STAFF? I HAVE A QUESTION. AM I UNDERSTANDING CORRECTLY THAT THE SITE PLAN YOU SHOWED US JUST A MOMENT AGO? THERE'S ANOTHER ONE FROM TODAY THAT WE DON'T HAVE YET. YES, WE WE HAVEN'T RECEIVED IT EITHER. 
          OKAY. SO THE ONE THAT WE'RE SEEING HERE IS NOT THE ONE THAT WE'RE BEING ASKED TO APPROVE. 
          NO. OKAY. THANK YOU. CHRISTINA. ANY OTHER QUESTIONS FOR CITY STAFF? WE HAVE SOME PROCEDURAL ISSUES HERE THAT ARE A LITTLE BIT DIFFERENT THAN NORMALLY OCCUR. THE STAFF RECOMMENDATION IS TO TABLE THIS ITEM UNTIL THE NEXT MEETING IN 30 DAYS. PART OF THE REASON FOR THAT IS THE COMMUNITY INTEREST, WHICH IS OBVIOUSLY VERY IMPORTANT. BUT SECONDLY, THERE'S BEEN A NEW PROPOSAL WHICH I HAVEN'T SEEN. THE COMMISSION HASN'T SEEN. THE CITY STAFF HAS ONLY SEEN TODAY. 
          AND SO THAT PUTS US IN A POSITION WHERE WE'RE REALLY NOT KNOWING, WE REALLY DON'T KNOW WHAT'S BEING PROPOSED AT THIS PARTICULAR TIME. AND SO OBVIOUSLY WE CAME TO A VOTE ON THAT OR APPROVE THAT OR REJECT IT OR WHATEVER. HOWEVER, BECAUSE THIS MEETING WAS POSTED FOR THE PUBLIC'S INFORMATION AND OBVIOUSLY PEOPLE HAVE TAKEN AN INTEREST AND ARE HERE, ANY PERSON WHO WISHES TO SPEAK ON THIS ITEM FOR OR AGAINST IN GENERAL, IS IS WELCOME TO DO THAT. YES, SIR. YES, SIR. WOULD YOU COME TO THE FRONT, FRONT, FRONT LINE. AND I WOULD LIKE TO SPEAK TO THIS. WELL WE'RE, WE'RE WE'LL, WE WILL MAKE TIME FOR ANY PERSON HERE WHO WISHES TO SPEAK IN A, IN A TIMELY, TIMELY, TIMELY WAY. YES, SIR. MY NAME IS JOHN BARR. I HAVE MY WIFE AND I OWN PROPERTY AT 201 BELLE MEAD, WHICH IS WEST OF THIS PARTICULAR SITE. WE'RE BOTH VERY MUCH INTERESTED IN CONTINUING THE GROWTH OF TYLER. WE INVESTED IN OUR COMMUNITY FOR 20 YEARS BEFORE I RETIRED. I WAS ON THE FIRE PENSION BOARD AS A TRUSTEE. MY WIFE'S FAMILY HAS BEEN INVOLVED IN REAL ESTATE AND DEVELOPMENT IN TYLER FOR A LONG TIME. THE THING THAT, IN FACT, I SPOKE FOR THE IN FAVOR OF CHANGING THE ZONING BACK IN 2019. I MET WITH MR. SPENCER WHEN I LOOKED AT MY DIARY. I THINK IT WAS IN 2017 THAT I TALKED TO HIM 2018 TIME FRAME, AND HE EXPLAINED HE WAS GOING TO WANTED A BUILDING, A SMALL BUILDING THAT WOULD HAVE LOW TRAFFIC IN ORDER TO PRACTICE HIS PROFESSION. I THINK AT THE TIME HE MAY HAVE MENTIONED WATER PROBLEMS. I HAD PREVIOUSLY HAD A REPRESENTATIVE FROM THE CITY COME OUT BECAUSE I WAS CONCERNED ABOUT THAT. THERE ARE FIVE CULVERTS COMING OFF THE CUL DE SAC AT GLENWOOD OR GLENHAVEN THAT ARE 24 INCH AND ONE 36IN, I BELIEVE. AND AT THE TIME THE CITY REP SAID, WELL, I DON'T THINK THERE'S GOING TO BE MUCH DAMAGE. YOU KNOW, WATER THAT'S COMING OFF. 
          AND THEN HERE WE ARE LAST YEAR AND I SPENT 30, 2000 AND HAVING CONCRETE POURED AND AND SO DID 
          [00:10:02]
BRENDA CAMERON ACROSS THE CREEK HAD THE SAME DEAL. SO WATER IS A BIG CONCERN OF MINE. AND WE'RE TALKING ABOUT THE ROOF. YOU'RE LOOKING AT 6000FT■!S OF WATER IN THE PARKING LOT. 
          THEY'RE OVERLOOKING THAT. WE'RE ABSOLUTELY DELUGED WITH WATER. AND THE THING THAT REALLY STICKS IN MY CRAW IS THE MANNER IN WHICH THIS DEAL IS KIND OF EVOLVED. IT REFLECTS ON THE CITY POORLY IN THAT IT SEEMS TO ME THERE ARE SOME KIND OF BACK OFFICE DEAL MATING WITH PLANNING AND ZONING. SOMEBODY AND I. IT'S UNFAIR FOR ME TO BE THROWING THAT OUT, BUT THE FACT THAT I GET A NOTICE AND I HARDLY HAVE TIME TO REACT TO IT, YOU'RE SAYING, WELL, YEAH, IT WAS SENT OUT ON THE 15TH, BUT IT'S KIND OF REMINDS ME OF MY DAYS IN THE MILITARY WHERE YOU, YOU GET SOME ON THE AGENDA AND THEY DON'T GET ON THE AGENDA, SO THEY GET SIDETRACKED. SO THEY NEVER MAKE IT TO THE AGENDA. AND THAT'S WHAT THIS APPEARANCE TO ME, AND I'M ADMIT, THIS MAY BE A WRONG THING, BUT IT CERTAINLY IS THE APPEARANCE OF IMPROPRIETY AND ALL THE CHANGES THAT ARE TAKING PLACE. AND TO GO AND I DRIVE DOWN BROADWAY WHEN I HAD SAID, HEY, THIS IS GOING TO BE ONE LITTLE BUILDING I SEE THERE. THERE'S A BIG PICTURE OF TWO BUILDINGS, AND THAT ABSOLUTELY WENT BERSERK. WHAT WHAT ARE YOU TRYING TO DO? AND THAT I JUST CAN'T BELIEVE THE PLANNING AND ZONING PEOPLE KNOW WHAT'S GOING ON. IT JUST HAS THE APPEARANCES OF SOME BACK OFFICE DEAL, AND I DON'T LIKE THAT. AND THAT'S THE KIND OF THING THAT YOU GET DRUMMED OUT OF THE CORPS IF YOU'RE SCREWING AROUND WITH STUFF LIKE THAT. AND I AM VERY DISAPPOINTED. I SAY THAT BECAUSE I DON'T THINK ANY OF YOU PEOPLE WOULD BE A PARTY TO ANY OF THAT KIND OF CONDUCT. SO THAT'S WE'LL POSTPONE IT TILL NEXT MONTH. BUT I THINK IF IT COMES OUT, IT'S GOING TO BE A SMALL BUILDING. YES. SEE WHAT'S GOING TO HAPPEN. BUT THE BUSINESS OF THE SEWER LINE BEING A SURPRISE, IF YOU LOOK AT YOUR. SPENCER BOUGHT THAT FROM THE FAIR FAMILY. THAT LOT IS SHOWN ON MY WHEN I BOUGHT OUR HOUSE THERE. IT SHOWS THE SEWER LINE. I'M SURE IT WAS ON HIS SEWER LINE SINCE HE'S GOT THE LOT GOES GOES BACK THAT DIRECTION. SO BEING A SURPRISE, I JUST IT I QUESTION IT. SO THERE IT IS. THAT'S MY FEELING ABOUT IT. I FEEL VERY STRONGLY THAT IT PROBABLY NEEDS THE CITY NEEDS TO LOOK AT, HEY, IF WE DON'T MAKE THE CODE, WE GO BACK TO WHAT THE ORIGINAL ASSIGNMENT OR WHATEVER THE ORIGINAL DESIGNATION WAS, WHICH WAS RESIDENTIAL, BUT A SMALL OFFICE PRACTICE WOULD MAKE SENSE. BUT THAT'S IT. AND THEN COMING. DON'T TRY TO DO. I SEE ALL THE DEALS ARE BEING COMMERCIAL NONSENSE. SO THAT'S ALL I HAVE TO SAY ABOUT IT. MR. BARR, THANK YOU FOR YOUR, YOUR YOUR TIME AND PRESENCE HERE TODAY. ANY QUESTIONS FOR MR. BARR? AGAIN, THANK YOU FOR YOUR TIME AND PRESENCE. YES. OKAY. YEAH. I'VE GOT ACTUALLY DID A POWERPOINT, BUT I DON'T REALLY NEED TO GO THROUGH TOO MUCH OF IT NOW SINCE WE'RE WE'RE TAPING THIS THING. WOULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD WILL RITCHIE. GOOD AFTERNOON EVERYONE. I'M ON BELLEMEADE AS WELL. RIGHT BEHIND THIS EVER CHANGING DEVELOPED THAT DEVELOPMENT THAT'S BEING PROPOSED. SO I STARTED THERE'S A CLICKER THAT WE'VE GOT WHICH IS INCREDIBLE, BUT IT IS JUST DENIED THE ZONING CHANGE. BUT WHAT I WANTED TO GO THROUGH IS JUST REALLY KIND OF THE HISTORY OF THIS THAT MR. BARR MENTIONED EARLIER. AND I THINK MISS LUNA SAID HOW THERE WAS A POD SITE PLAN ALL THE WAY BACK IN 2019, AND THAT'S IN ORDINANCE OH, DASH 2019, DASH EIGHT IN THE ORDINANCE. YOU SEE THIS PLAN RIGHT THERE. THAT'S THE FIRST ONE. AND THE BUILDING IS KIND OF FARTHER AWAY FROM THE HOMES, 5600FT■!S. SEVEN YEARS GOES BY.I DON'T KNOW WHY, BUT THERE'S NOTHING HAPPENING. THE NEXT THING THAT OCCURS IS YOU CAN GO ONLINE, I BELIEVE IT'S ON DRAKE REALTY. AND THERE'S ALSO A BUILD TO SUIT SIGN BY THE PROPERTY THAT, YOU KNOW, IS SAYING KIND OF BUILD TO SUIT, I GUESS, WHATEVER SHAPE. BUT THIS IS A DIFFERENT SITE PLAN. AND THEN ON THE BUILT THE SUIT, WHEN YOU GO ONLINE WE SEE THIS THIRD ONE HERE. THAT'S NOT A SITE PLAN, BUT, YOU KNOW, I MEAN BUT IT SAYS QUOTE, BUILDING SIZE QUOTE 8000 SF. THAT'S DRASTICALLY INCREASED FROM THE 5600FT■!S THAT THIS BOY APPROVED SEVEN YEARS AGO. NEXT WE'VE GOT THIS WAS THE THIS IS ACTUALLY ON THE AGENDA, I THINK. 
          AND YOU GOT TWO BUILDINGS WITH 6003 THOUSAND IN THE BIGGER ONE. THAT'S 6000. IT'S CLOSER TO HOMES THAN THE ONE IN THAT WAS APPROVED IN 2019. NEXT, I THINK THIS ONE CAME OUT, YOU KNOW, AT 6000, STILL BIGGER THAN THE FIRST ONE, CLOSER TO HOMES AS WELL. I MEAN, IT'S SHIFTED 
          [00:15:03]
DIFFERENTLY, BUT IT'S STILL CLOSER TO BELLEMEADE. AND ALSO IT LOOKS LIKE WITHIN 42FT OF A RESIDENTIAL DISTRICT AT GLENHAVEN, WHICH IS A PROBLEM WHEN IT COMES TO THE DIMENSIONAL STANDARDS SET OUT IN THE UDC FOR POD D ZONING. BUT AND THEN THIS HERE, THIS IS THE NEW ONE. THE MOST RECENT ONE MAN STANDING IS I DON'T KNOW. IT CAME OUT JUST EARLIER TODAY, A FEW HOURS AGO. THIS ONE AND THAT FIFTH ONE THERE LESS THAN 24 HOURS NOTICE OF IT. 
          SO ONE OF THE REASONS WHY I WAS SAYING WHY I'M THINKING WE SHOULD DENY IT. I KNOW WE'RE TABLING THIS, BUT I JUST WANT TO HIGHLIGHT SORT OF THE PROCEDURAL PROBLEMS THAT WE'VE GOT AND WITH RESPECT TO KIND OF CONTINUING AND MOVING THIS ON DOWN THE ROAD, I THINK WE MIGHT STILL NEED PERHAPS A NEW NOTICE TO GO OUT, BECAUSE THE NOTICE THAT DID GO OUT CLEARLY DEFECTIVE. ONE ADDITIONAL NUANCE IS THIS NOTICE IS TALKING ABOUT AN AMENDMENT WITHIN THE QUOTE POD, BUT THE ZONING APPLICATION SHOWS THAT IT'S DIFFERENT. HERE'S THE ZONING APPLICATION. THESE ARE SCREENSHOTS I TOOK AT A. THE REQUEST IS A ZONING CHANGE, AND C IS WHERE WE DESCRIBE THE ZONING CHANGE. AND IT IS QUOTE TO REZONE THE EXISTING PROPERTIES FROM POD TO PCD. THAT IS A HUGE AND EXTREME DIFFERENCE BECAUSE IT'S COMMERCIAL. AND YOU KNOW, LAST 2019, THE NOTICE SAID AND THAT'S THE. SEE HOW I DO THE LITTLE HIGHLIGHT ARE THE NOTICE SAID IN 2019, WE WERE CHANGING THE ZONING. IT GIVES EXISTING ZONE AND THEN PROPOSED ZONE. BUT THIS ONE'S ONLY TALKING ABOUT THE CURRENT ZONING AND THAT'S POD. BUT AS WE SHOWED YOU KNOW THAT'S NOT CORRECT BECAUSE IT SAYS PCD. AND THAT MIGHT BE THE REASON WHY THE THE BUILDINGS IN I GUESS I MEAN I HAVEN'T LOOKED AT THIS ONE BECAUSE I DON'T REALLY KNOW. IT'S KIND OF HARD TO KNOW WHICH IS WHAT. BUT THE ONE I GUESS, FROM THREE TIMES AGO HAS A 6000 SQUARE FOOT BUILDING THAT IS CERTAINLY WITHIN 42FT OF BELLEMEADE HOMES. AND I THINK THAT'S NOT ALLOWED BASED ON THE DIMENSIONAL STANDARDS ON THE UDC FOR, FOR FOR POD. BUT PCD DOESN'T HAVE THAT RESTRICTION. I KNOW WE'VE GOT THIS KIND OF WHAT I CALL A REALLY LATE AUDIBLE, BUT THERE ARE SEVERAL AND I MEAN, I GUESS I'M MAKING OBJECTIONS HERE AND MAYBE THAT MATTERS OR NOT BECAUSE WE'RE TABLING THINGS, BUT I DO WANT TO NOTE THOSE OBJECTIONS REGARDING THE NOTICE BEING DEFECTIVE AS WELL AS THE APPLICATION, BECAUSE UDC SECTION TEN FIVE FOUR SAYS IT MUST BE CORRECT. AND I JUST DON'T SEE HOW THAT APPLICATION THAT I JUST SHOWED YOU CAN BE CORRECT WHEN IT'S TALKING ABOUT PCD, BUT THE NOTICE IS SAYING POD AND THE SITE PLAN AMENDMENT WITHIN THE POD. BUT UNDER ALL THESE SECTIONS OF THE UCD, I THINK WE'VE GOT PROPER OBJECTIONS TO THE TO THE NOTICE, YOU KNOW, AND THEN WE TURN INTO KIND OF BIGGER PLANS AFTER SEVEN YEARS. AND I JUST THINK THAT'S THAT'S KIND OF POTENTIALLY HARD TO DO. LET ME SEE IF I HAVE ANY OTHER COMMENTS HERE THAT. OH, SO I MENTIONED SOME DIMENSIONAL STANDARDS AND I'LL JUST POINT THOSE OUT THE DIMENSIONAL. AND ACTUALLY HERE'S THE POD DEFINITION AT 1033 D. AND IT SAYS THAT REASONABLE ADDITIONAL REQUIREMENTS BECAUSE POD IS CONCERNED ABOUT PROTECTING THE RESIDENCES AND THE HOMES. AND YOU DON'T HAVE THAT LIMITATION OR WHATEVER THE WORD IS. PARDON ME, THEY'RE IN PCD DEFINITION, BUT IN POD, BECAUSE IT'S SUCH A IT'S AN IMPORTANT DISTINCTION, REASONABLE ADDITIONAL REQUIREMENTS TO MAKE SURE IT ALL WORKS BECAUSE THE QUOTE ARRANGEMENT OF BUILDINGS IN QUOTE SHALL NOT ADVERSELY AFFECT THE USE OF PROPERTIES IMMEDIATELY ADJACENT. THAT'S RESIDENTIAL AND ADJACENT. WE'VE GOT HERE THIS COLUMN. I JUST DOWNLOADED THIS FROM THE CITY'S WEBSITE, UDC SECTION 1034, ADJACENT TO RESIDENTIAL DISTRICTS. IT SAYS 42. THAT'S FOR POD. AND I SPOKE WITH SOMEONE NAMED HUNTER YESTERDAY AT PLANNING AND ZONING, AND HUNTER CONFIRMED TO ME THAT THE 42 MEANS THE EXTERIOR WALL OF ANY BUILDING WITHIN A POD ZONE HAS TO BE 42 SEPARATE SEPARATION FROM, YOU KNOW, A RESIDENTIAL DISTRICT. THAT'S NOT THE CASE IN THE SIX THAT THE COMBINED 9000 SQUARE FOOT PLAN THAT CAME OUT LIKE OR I GUESS THAT WAS THE NOTICE ORIGINALLY THAT WE'VE GOT CHANGES ON. THAT'S ALSO NOT THE CASE WITH THE 6000 SQUARE FOOT ONE AS I SEE IT, BECAUSE, YOU KNOW, THERE'S THE BUILDING AND THEN HERE'S THE, YOU KNOW, SEPARATION. AND IT SAYS 20 FOOT 
          [00:20:05]
IS KIND OF MY UNDERSTANDING OF WHAT THAT MEANS THERE. AND THEN THERE'S A RESIDENTIAL LINE. SO THAT'S SORT OF ANOTHER REASON. OH YEAH I MAKE THIS LAST POINT. BUT BECAUSE I THINK WE'VE GOT EVIDENCE HERE THAT THE 2019 POD AND THE ORDINANCE THERE HAS BEEN ABANDONED. AND ACTUALLY UNDER SECTION TEN, 655 OF THE UNIFIED DEVELOPMENT CODE SAYS WHEN YOU'VE GOT THAT OCCURRING, IT IS DEEMED VOID. I THINK YOU'RE JUST GOING TO HAVE TO BELIEVE ME HERE, BECAUSE I THINK I JUST GAVE QUOTES AS OPPOSED TO GIVING YOU THE THE ACTUAL PICTURE. BUT I KNOW I SAID, I KNOW IT SAYS DEEMED VOID. AND THEN IT SAYS IF EITHER, YOU KNOW, THE DEVELOPER ABANDONS THE PLAN OR THE DEVELOPER FAILS TO FOLLOW THE CONSTRUCTION TIME SCHEDULE. I DON'T KNOW ABOUT THAT. BUT, YOU KNOW, IT SEEMS THE PLAN IS ABANDONED. THE ONE FROM AN ORDINANCE. OH 2019 DASH EIGHT AND THEN AFTER YOU'VE GOT THOSE TWO, ONE OF THOSE TWO ITEMS, THE NEXT THING YOU NEED IS, IS EVIDENCE THAT FURTHER DEVELOPMENT UNDER THE, UNDER THE UNDER THAT PLAN IS NOT CONTEMPLATED. I THINK WE'VE CLEARLY GOT THAT HERE. THE IN THIS SCENARIO, THE 2019 POD PLAN, NO ONE'S GOING TO ABANDON THAT. I MEAN PLAN CONTEMPLATE FUTURE ACTION ON THAT. COULD WE'VE GOT A SITE PLAN RIGHT HERE THAT CAME OUT FOR 30, 40 MINUTES AGO OR SOMETHING LIKE THAT. SO I THINK THAT IS ALSO THE REVERSION OF THE PROPERTY TO ITS ORIGINAL ZONING IS SOMETHING TO CONSIDER IN THAT THIS BODY SHOULD, YOU KNOW, SHOULD THINK ABOUT UNDER SECTION TEN 655, WHENEVER THIS THING IS ADJOURNED AND COMES UP AGAIN WITH, I GUESS, NEW NOTICES AND THINGS OF THAT SORT. SO THOSE ARE MY OBJECTIONS TO THE PLAN. I DIDN'T GET INTO THE WATER. I MIRROR ALL THAT WITH WITH MR. BARR AS WELL AS I BELIEVE THERE ARE OTHER NEIGHBORS WHO ARE GOING TO ADDRESS THAT. YOU'RE GOING TO HAVE MORE TRAFFIC AND EVERYTHING ON THE ON THE PLAN THAT WE'RE NO LONGER DOING THAT HAD THE TWO BUILDINGS THAT COMBINED FOR 9000FT■!S, THAT'S A 60% INCREASE FROM THE BUILDING THAT WAS 50 600FT■!S IN 2019. SO KIND OF WHAT I SAID THAT WAS, WELL, TRAFFIC IS GOING TO BE 60% WORSE WATER, 60% WORSE, DRAINAGE 60% WORSE, ALL OF IT. BECAUSE, YOU KNOW, WE JUST GOT MORE SQUARE FOOTAGE THAT THAT IS JUST UNFORTUNATELY SEEING INTO PEOPLE'S BACKYARDS AND THROUGH THEIR WINDOWS. THANK YOU ALL FOR YOUR FOR YOUR TIME TODAY. THANK YOU, MR. RICHIE, FOR YOUR TIME AND PRESENCE. DOES ANYONE HAVE A QUESTION FOR MR. RICHIE? IF THEY DON'T LIKE MY ANIMATION? VERY, VERY, VERY EXCITING. OR IS THERE ANOTHER PERSON? ARE THERE OTHERS HERE WHO WOULD LIKE TO SPEAK? YES, SIR. THANK YOU. I'M DOCTOR LESTER. I LIVE AT 118 BILL MEAD LANE. EVERYBODY'S TALKED ABOUT WATER AND MEASUREMENTS. I'M TALKING ABOUT HOW SWEET OUR NEIGHBORHOOD IS. IT'S QUIET, IT'S DISTINCT. IT'S A CUL DE SAC. IT'S A DEAD END. VERY FEW PEOPLE COME IN THAT DON'T LIVE THERE. MY VIEW AT THE FRONT DOOR IS TREES AND EVERYTHING. 
          I'M GOING TO COME OUT THE FRONT DOOR. I'M GOING TO LOOK AT BUILDINGS. TREES ARE GOING TO BE DEMOLISHED. TRAFFIC'S GOING TO BE ASTRONOMICAL. I'M JUST SAYING IT'S A GREAT PLACE TO LIVE. MY FAMILY'S LIVED THERE FOR. WELL, I'VE LIVED THERE LONGER, BUT WE'VE BEEN THERE FOR. I'VE BEEN THERE FOR 40 YEARS. DAD'S BEEN THERE. WE'VE BEEN THERE SINCE 1970. RIGHT. 
          YOUR PARENTS LIVED THERE IN 1969 69? I GOT MARRIED IN 68. ANYWAY, TECHNICALLY, I THINK IT'S GOING TO BE A DISASTER BUILDING THIS THING. PERSONALLY, IT'S A GREAT PLACE TO LIVE. 
          WE'VE NEVER HAD A FOR SALE SIGN ON OUR CUL DE SAC. IT'S WORD OF MOUTH. I MEAN, IT'S I'M SORRY Y'ALL DON'T GET TO LIVE THERE. ANYWAY, THANK YOU ALL FOR MY TIME, DOCTOR LESTER. THANK YOU FOR YOUR TIME AND PRESENCE. ANY ANY QUESTIONS FOR DOCTOR LESTER? ARE THERE OTHERS WHO WOULD LIKE TO SPEAK? REGARDING THE TREE? HELLO, I'M JENNIFER GASTON, MY HUSBAND JOHN AND I LIVE AT 106 BELLE MEADE. WE'VE LIVED THERE. IT'LL BE 25 YEARS ON LABOR DAY WEEKEND. MILDRED GRINSTEAD WAS 
          [00:25:01]
OUR NEIGHBOR AND SHE WAS OUR HOME ANGEL. BECAUSE, LIKE TONE SAID, YOU DIDN'T. IT'S HARD TO GET TO LIVE ON BELLE MEADE. LANE AND HER HUSBAND HAD CANCER, AND HE CALLED JOHN AND HE SAID, JOHN, I HEAR YOU'RE LOOKING FOR A HOUSE. IT'S VERY GENTLEMANLY AND VERY SOUTHERN GENTEEL. HE WASN'T GOING TO CALL ME. AND HE SAID, I HEAR JENNIFER HAS TOO MANY SHOES. SO WE WAITED. MR. AND MRS. J.W. MADISON WERE THE RESIDENTS THAT BUILT THAT HOME, AND IT WAS SO WORTH THE WAIT. 
          WE'VE LIVED THERE FOR 25 YEARS, ABOUT TO BE 25 YEARS OF MARRIAGE. OKAY, SO I CALLED ALL OF YOU BECAUSE I, AS EDITOR OF TYLER TODAY, I'M ALL ABOUT RELATIONSHIPS. AND I THINK THAT'S WHAT YOU ARE TOO. AND I'M ABOUT OUR COMMUNITY. WHEN I GOT THE NOTICE, I CALLED WILLIAM AND WE HAD A FRIDAY NIGHT CONVERSATION. THEY WERE IN THE CAR, HE AND TAMMY, AND, YOU KNOW, IT WAS JUST SHOCKING. WE WEREN'T SURE WHAT WAS GOING TO HAPPEN, BUT NO WORD OVER SEVEN YEARS. AND HERE WE ARE. BIG CHANGE. AND IT'S RIGHT IN OUR FRONT YARD. IT'S IN THE FOREMAN'S BACKYARD. IT'S IN THE BACKYARD AND IN THE BARS. I'M SORRY. THERE'S A SEWER LINE. I DON'T THINK THE CITY CAN FIX THAT. I DON'T I DON'T KNOW THAT ANYBODY CAN FIX THAT. I'VE DONE WHAT LITTLE RESEARCH I CAN AS A NON ATTORNEY. I'VE TALKED TO WILLIAM BECAUSE I THINK THAT'S WHAT YOU DO IS YOU NEED TO COMMUNICATE. AND I ASKED HIM, HOW FAR CAN YOU PUSH THIS BACK. 
          WE BOTH AGREED WILLIAM AND I, IT'S NOT A PROPERTY THAT IS SUITABLE FOR DEVELOPMENT. 
          THAT'S THE BIGGEST PROBLEM WITH THIS PIECE BECAUSE OF THE DRAINAGE THAT HAS RESULTED IN DAMAGE TO THE BARS, TO BRENDA CAMERON, TO THE PROPERTY. AND SO IT GOES. WE JUST FORESEE MORE PROBLEMS DOWN THE ROAD. ON SATURDAY, I AGAIN, I SPOKE TO WILLIAM AND I TOLD HIM AND WE JUST HAD A CONVERSATION, WHAT CAN YOU DO? AND THAT'S WHY THESE OTHER HE'S TRIED HE'S TRYING HARD TO COME UP WITH A SOLUTION TODAY. HE YOU KNOW, I SAID AGAIN IT WAS LIKE A CHEERLEADER YELL PUSH IT BACK, PUSH IT BACK, WAY BACK. IT'S IT'S TOO CLOSE TO OUR NEIGHBORHOOD. IT WILL CAUSE DAMAGES WITH THE WATER. THAT. I DON'T THINK IT TAKES A ROCKET SCIENTIST TO FIGURE THAT OUT. THE PROMOTION OF SELLING OF BUILD TO SUIT WERE ALARMING, BUT I FELT LIKE MY TRUST WAS IN PLANNING AND ZONING, AND IT HAD BEEN APPROVED, AND THAT THAT WASN'T OUT OF THE REALM. BUT IN RETROSPECT, PERHAPS IT IS. THE BOTTOM LINE IS THIS IS NOT DEVELOPABLE PROPERTY. IT'S A VERY SMALL SPACE. I DON'T SEE HOW IT CAN POSSIBLY HAVE VERY LITTLE ON IT. BESIDES, WOULD BE A BEAUTIFUL PARK. IT'S WOULD BE COST PROHIBITIVE FOR ALMOST ANY TYPE OF DEVELOPMENT BASED ON WHAT IT IS NOW, I, I HOPE THAT THAT WE CAN ALL COME TOGETHER TO WORK SOMETHING OUT. AND I THANK YOU IN ADVANCE FOR YOUR ATTENTION AND DILIGENCE AND TAKING CARE OF OUR COMMUNITY. AND PLEASE WATCH AFTER OUR THAN. GASTON. ANY ANY FOR JENNIFER. 
          IF NOT, ARE THERE OTHERS WHO WOULD LIKE TO SPEAK? YES, MA'AM. HELLO, MY NAME IS AMANDA SLAUGHTER. I LIVE AT TWO, TWO, FOUR BELLEMEADE. I TOO, LIKE MANY OF YOU IN THIS ROOM, ARE TYLER NATIVE WENT TO ROBERT E LEE HIGH SCHOOL AND HAVE LIVED IN MANY PLACES HERE IN TOWN. 13 YEARS AGO I MOVED BACK FROM NEW YORK CITY, AND ONE OF THE VERY FIRST THINGS THAT I FELL IN LOVE WITH AGAIN WITH THIS CITY IS THE GREEN SPACE. HOW MUCH OF IT? WE LIVE IN THE AZALEA DISTRICT. IT IS THE HEARTBEAT OF TYLER, TEXAS. WHEN YOU START CHIPPING AWAY AT THE AZALEA DISTRICT AND ALL THOSE BEAUTIFUL HOMES THAT HAVE BEEN THERE LONGER THAN ANY OF US IN 
          [00:30:01]
THIS ROOM, WE START CHIPPING AWAY AT THE SOUL. TYLER, THERE ARE PLENTY OF PLACES TO BUILD. 
          MY HUSBAND'S IN CONSTRUCTION. I TEACH AT TJC. WE ARE PART OF THIS COMMUNITY. WE HAVE THREE SMALL CHILDREN, 11, NINE AND SIX YEARS OLD, AND THEY PLAY UP AND DOWN THAT STREET AND THEY ARE SAFE. THE LAST THING WE WANT IS DEVELOPMENT. STRANGERS IN THOSE BUILDINGS. IT'S NOT THE SAME. I PROPOSE THAT THIS, LIKE MR. RITCHIE SAID, GOES BACK TO ITS ORIGINAL STATE OF ZONING AND STAY RESIDENTIAL TO PROTECT OUR BABIES AND TO PROTECT OUR NEIGHBORHOOD. THANK YOU. THANK YOU FOR YOUR TIME AND PRESENCE, MR. SLAUGHTER. ANY ANY QUESTIONS? ARE THERE OTHERS? YES, SIR. MY NAME IS MICHAEL LAIR. I'VE BEEN IN ON TWO, TWO, FIVE BELLE MEADE LANE FOR APPROXIMATELY 15 YEARS. I'M A CAR DEALER, SO NOT AN ATTORNEY. I DON'T HAVE A SENTIMENTAL APPROACH TO THE PROPERTY. MAYBE LIKE SOME OF THE CUL DE SAC FOLKS DO. WHAT I DO HAVE, THOUGH, IS A IS A KIND OF A PAINFUL EXPERIENCE. ON JUNE 3RD, 2024, WHEN WE HAD A TREMENDOUS STORM COME THROUGH TYLER THAT DEVASTATED OUR COMMUNITY AND THE THE CREEK, THE DRAINAGE CREEK BEHIND MY HOME AND JAMES MCCAIN'S HOME. AND I THINK THE BAR'S HOME AND I THINK I DON'T KNOW, THE THE OLDER LADY ON BELHAVEN, BUT IT WAS HER SECOND GO ROUND WHERE HER, YOU KNOW, BASEMENT AREA WAS FLOODED TOTALLY. LUCKILY, MY HOME WAS INTACT, BUT IT TOOK OUT MY DRIVEWAY, A BRICK WALL AND THE RETAINING WALL. AND KEEP IN MIND, WELL, APPROXIMATELY A YEAR EARLIER, I HAD ASKED THE CITY TO COME OUT BECAUSE THERE WAS A SINKHOLE OUT BY FAIRLANE, OUT BY THE BRIDGE WHERE THIS CREEK RUNS. AND THE CITY'S RESPONSE WAS, WELL, THAT'S THAT'S YOUR PROPERTY. I SAID, THIS WHOLE DRAINAGE CREEK ALL THE WAY UP TO BIRCHFIELD PARK BECAUSE I DIDN'T KNOW EXACTLY HOW IT RAN. AND THEY SAID, YES. AND I SAID, SO YOU'RE TELLING EACH INDIVIDUAL OWNER THAT THIS DRAINAGE CREEK. AND KEEP IN MIND, ON THE OTHER SIDE OF FAIRLANE, WILLIAM HART HAD PUT IN A BAG WALL ABOUT 3 OR 4 YEARS PREVIOUSLY, AND I DON'T KNOW WHAT THE COST OF THAT WAS, BUT I KNOW EACH INDIVIDUAL HOMEOWNER DIDN'T PAY FOR IT. BUT THE CITY SAID, HEY, IT'S ON YOU. I SAID, OKAY, SO THIS STORM COMES, DESTROYS THE CREEK, DESTROYS MY DRIVEWAY, DESTROYS THE BRICK WALL TO THE TUNE OF. 
          AND MR. BARR MENTIONED WHAT HE PAID FOR THIS DRAINAGE. THE CITY PAID 32,000. I PAID 32,000 FOR THE BAG WALL. I PAID AN ADDITIONAL 20,000 FOR MY DRIVEWAY AND BRICK WALL BY IT. 
          AND MY CONCERN IS WITH THIS PROPERTY THAT THE WATER WILL FLOW, IT WILL INCREASE, YOU KNOW, THE INCREDIBLY AND I JUST WORRY FOR OUR NEIGHBORHOOD FROM THAT PERSPECTIVE. AND I, I, I AM NOT WILL OBVIOUSLY HAS THE DATES AND WHEN EVERYTHING WAS TRANSPIRING SEVEN YEARS AGO. 
          MORE RECENTLY, I DON'T REALLY HAVE KNOWLEDGE OF THAT, BUT I CERTAINLY THINK THAT HOPEFULLY THE CITY AND PLANNING AND ZONING LOOK AT THIS VERY CAREFULLY AND LOOK AT THIS NEIGHBORHOOD. WE'RE NOT AGAINST GROWTH. WE'RE NOT AGAINST PEOPLE MAKING MONEY. I'M A CAR DEALER, RIGHT? I THINK THAT'S PART OF THE PART OF LIFE. BUT I THINK THERE ARE SOME THINGS THAT ARE VERY SACRED. AND I WOULD SAY, YOU KNOW, THIS WHOLE PROCESS. YOU KNOW, AND, AND COME IN A LITTLE BIT LATE BECAUSE JENNIFER GOT ME INVOLVED MAYBE TWO WEEKS AGO. 
          BUT THE WHOLE PROCESS SMELLS A LITTLE BIT. AND I REALLY ASK YOU TO LOOK AT IT VERY CLOSELY AND HOPEFULLY ACT IN OUR FAVOR. THANK YOU. THANK YOU, MR. LEHRER. ANY QUESTIONS FOR THIS GENTLEMAN? ARE THERE OTHERS WHO WOULD LIKE TO SPEAK? JOHN? MR. GASTON, CAN YOU COMMENT? MY 
          [00:35:12]
NAME IS JOHN GASTON AND I AM JENNIFER GASTON'S HUSBAND. AND WE LIVE AT 106 BELLE MEADE HERE IN TYLER. I SPOKE AGAINST THIS PROJECT IN 2019, AND THERE WERE REALLY TWO PRIMARY PRIMARY REASONS. ONE, I WAS UNCOMFORTABLE THAT IT WAS GOING TO BE A POD AND I HAD SOME DEGREE OF SECURITY CONCERNS FOR OUR NEIGHBORHOOD. AND SECONDLY, AND PROBABLY MORE IMPORTANTLY, WAS, YOU KNOW, WHAT WAS IT GOING TO DO TO PROPERTY VALUES AND THE PRIVACY THAT WE HAD THERE THIS TIME AROUND? IT'S STILL LISTED AS A POD, BUT I HAVE I'VE NOT REALLY HAD A CHANCE TO STUDY THIS NEW REVISION, BUT MY CONCERN IS NOT SO MUCH THE SECURITY ASPECT OF IT AS IT IS. QUITE WHAT A PROPERTY, WHAT COULD HAPPEN TO OUR PROPERTY VALUES AND PRIVACY. 
          IT IS NOT MY INTENTION TO MAKE LIFE HARD AND CREATE PROBLEMS FOR WILL. HOWEVER, I THINK SOME SERIOUS CONSIDERATION NEEDS TO BE GIVEN TO THAT. THAT LONG STANDING RESIDENTIAL AREA AND EVEN MORE IMPORTANTLY. THE THE PEOPLE THAT LIVE ON THAT STREET. FOR THE MOST PART, OUR LIFETIME RESIDENTS THERE, THEY'RE GOING TO DIE THERE. AND I THINK THAT NEEDS TO BE TAKEN INTO CONSIDERATION CURRENTLY. AND I ENCOURAGE YOU TO DO THIS, ESPECIALLY IN THE FALL AND WINTER MONTHS. THAT'S SIX MONTHS OUT OF THE YEAR. WHEN YOU GO AROUND THAT CIRCLE ON BELLE MEADE RIGHT NOW, TODAY, IT IS A CLEAR SHOT TO LOOK STRAIGHT UP, STRAIGHT NORTH AND SEE THAT THAT THAT SPINE, THAT CLINIC, IT'S UP THERE. CLEAR AS DAY. SO THERE'S NO AMOUNT OF GOOD BUFFER THERE TO KEEP THAT FROM HAPPENING. IF WE ADD A NEW RESIDENCE. SO AS I WAS SAYING, IT HAS THE POTENTIAL TO BE POTENTIALLY AN EYESORE. AND THEN THE PROPERTY VALUE ISSUE I THINK HAS TO BE CONSIDERED. AND THEN THERE'S THE HUMAN ELEMENT FOR THE LONG STANDING CITIZENS WHO HAVE LIVED THERE A CONSIDERABLE AMOUNT OF TIME. THANK YOU VERY MUCH. THANK YOU, MR. GASTON, FOR YOUR TIME AND PRESENCE HERE. ARE THERE OTHERS WHO WOULD LIKE TO SPEAK? IF NOT, THE STAFF RECOMMENDATION IS TO TABLE THIS ITEM FOR 30 DAYS. IS THAT RIGHT? IS THAT WHAT THE STAFF WANTS TO DO? THAT'S CORRECT. THAT'S BECAUSE STAFF WAS WE HAVEN'T EVEN REVIEWED THE THE PLAN THAT THE APPLICANT HAS SUBMITTED. WE'VE HAD A COUPLE CHANGES NOW TO THE PLAN. 
          AND THE PLAN THAT WAS SUBMITTED ORIGINALLY WAS NOT RECOMMENDED BY STAFF EITHER. SO SO STAFF'S RECOMMENDED TABLING IT. AND WHEN WHEN WOULD THAT MEETING BE IN MARCH 3RD. KYLE, IS 30 DAYS ADEQUATE TIME FOR Y'ALL TO PUT A GOOD REVIEW ON IT AND FEEL COMFORTABLE FOR US TO DO A REVIEW? YES. I STILL WOULD ENCOURAGE, YOU KNOW, THE APPLICANT TO TO COORDINATE WITH HIS NEIGHBORS TO TO UNDERSTAND THEIR CONCERNS AND WHAT THEY MIGHT WANT TO SEE MOVE FORWARD. 
          I'D PROBABLY ASK THE APPLICANT IF, IF IF HE THINKS 30 DAYS IS SUFFICIENT TO DO THAT. BUT FOR STAFF REVIEW, WE CAN WE CAN DO THAT. I HAVE A QUESTION, KYLE. PROCEDURALLY, IF WE TABLE IT WILL NEW NOTICES GO OUT. WE CAN PROVIDE NEW NOTICE. YES. AND CAN YOU CLARIFY THE POD VERSUS PCD THAT WAS QUESTIONED? YEAH. THE THE APPLICANT IS REQUESTING THE POD. THAT WAS WHAT WAS NOTICED. AND SO IT WAS NEVER REVIEWED FOR A PCD, WHICH WOULD BE MORE OF A COMMERCIAL DEVELOPMENT, WHICH WOULD BE COMMERCIAL DEVELOPMENT. PCD WOULD ALLOW MUCH MANY MORE USES 
          [00:40:02]
AND DIFFERENT DEVELOPMENT STANDARDS, BUT THE APPLICANT IS NOT REQUESTING THAT AND STAFF WOULD NOT REVIEW FOR THAT OR RECOMMEND THAT. SO IT IS ONLY BEING REQUESTED FOR OFFICE, CORRECT? HEATHER, DO YOU HAVE SOMETHING TO SHARE WITH US? YES, COMMISSIONER HUDSON. HI, HEATHER. NICK, ASSISTANT CITY MANAGER, FORMER PLANNING DIRECTOR, AND I JUST WANTED TO ASSIST KYLE IN ADDRESSING SOME PROCEDURAL ITEMS IN THAT. AS FAR AS THE QUESTION TODAY, WE'RE BEING ASKED, LIKE KYLE MENTIONED, FOR PLANNED OFFICE DISTRICT AND AND JUST JUST TO REMIND EVERYONE THAT, YOU KNOW, TEXAS WE'RE A STRONG PROPERTY RIGHTS STATE, WHICH IS GREAT. 
          AND YOU KNOW WE TO TO GIVE EVERYONE DUE PROCESS THAT THE WHAT OWNERS DO, THEY WILL COME IN AND THEY WILL ASK THE QUESTION, YOU KNOW, IF THEY HAVE LET'S SAY LET'S JUST MAKE IT EASY AND SAY THEY HAVE RESIDENTIAL PROPERTY AND THEY WANT TO REZONE IT TO LIKE PLANNED OFFICE DISTRICT, FOR EXAMPLE, THAT THEY HAVE THE RIGHT TO DO THAT. AND STAFF REACTS TO THAT QUESTION. AND, YOU KNOW, WE DO THE TECHNICAL REVIEW AND WE REVIEWED THAT QUESTION. THERE IS A STATE MANDATED NOTICE THAT GOES OUT AS FAR AS YOU KNOW, WHEN THESE THINGS TRACK THROUGH THE PROCESS FOR DUE PROCESS. SO WE MAKE SURE THAT THE NEIGHBORHOOD WITHIN 200FT OF THIS REQUEST RECEIVES THAT MAILED NOTICE. AND AND THEN FROM THERE AND AND I KNOW THAT IT CAN SEEM LIKE IT, THERE'S NOT ENOUGH TIME, BUT THAT ALSO IS PART OF THE DUE PROCESS AND THAT THE THE PROCESS HAS TO MOVE FORWARD AND EVERYONE HAS THE CHANCE TO CONSIDER IT AND BE ABLE TO GIVE THEIR THEIR FEEDBACK AND COME BEFORE YOU AND MAYBE CITY COUNCIL AND TALK ABOUT IF THEY'RE FOR OR AGAINST OR INDIFFERENT. AND SO IT YOU KNOW, THERE IS A ALSO SOMETHING MENTIONED ON THE NOTICE ABOUT RETURNING THEIR FEEDBACK, THEIR PROTEST EITHER FOR OR AGAINST. AND THAT TIMING IS SIMPLY TO HELP STAFF SO THEY CAN CALCULATE WHAT YOU SEE IN RED, SO WE CAN HAVE A BETTER UNDERSTANDING OF WHAT THE PULSE IS OF THE NEIGHBORHOOD. IT DOESN'T MEAN THAT ANYBODY CAN'T COME UP HERE THE DAY OF AND SAY, HEY, I'M I'M AGAINST THIS OR I'M FOR IT. IT JUST HELPS STAFF SO THAT THAT'S KIND OF A FRIENDLY, HEY, PLEASE GET IT INTO US SO WE CAN HELP ANALYZE THE CASE AND THEN BE ABLE TO WRITE UP A STAFF MEMO FOR THE PLANNING COMMISSION FOR YOU SO THAT WE ARE ARE HOPEFULLY AS WELL INFORMED AS WE CAN BE WITH THE INFORMATION THAT WE HAVE ON HAND. SO WITH THAT, I JUST WANTED TO MAKE SURE THAT EVERYBODY KIND OF UNDERSTANDS THE PROCESS AND THAT WHATEVER IS APPROVED ON THIS SITE TODAY THAT WE HAVE ON RECORD, LIKE FOR THE SITE PLAN, THAT WOULD BE WHAT STAFF WOULD REFER TO IF BUILDING PLANS CAME IN. SO WE WE DO THIS EVERY DAY OVER AT THE TYLER DEVELOPMENT CENTER. WE COMPARE WHAT IS BEING ASKED AS FAR AS A BUILDING PERMIT OKAY. IS IT ZONED CORRECTLY? IF IT'S A PLANNED SITE, WE CHECK THE SITE PLAN TO MAKE SURE THAT WHAT WE HAVE IN BUILDING PLANS MATCHES WHAT WE SEE ON THE SITE PLAN. SO JUST PROCEDURALLY TO TO KIND OF UNVEIL HOW THIS CAN BE A CONFUSING PROCESS, YOU KNOW, FOR A LOT OF FOLKS AND WE WE CHECK THE ZONING, WE MAKE SURE EVERYONE HAS THE OPPORTUNITY TO SPEAK AND, AND ASK THE QUESTION. AND THEN IT CAN BE CONSIDERED THROUGH THAT, THAT PROCESS. IS THERE ANY QUESTIONS ABOUT THAT? THANK YOU, HEATHER, FOR YOUR TIME. THANK YOU SIR. I HAVE SO MUCH MORE TO SAY THAT I'M NOT, BUT I'M NOT GOING TO SAY ANY OF IT. ANY OTHER PERSON WHO I'D LIKE TO SPEAK. THIS IS YOUR OPPORTUNITY. YES, SIR. ONE QUESTION. WOULD YOU COME? COME. I'M SORRY, DOCTOR LESTER, HAVE YOU COME TO THE MICROPHONE? NOW? THANK YOU. SINCE YOU ALL TABLED THIS, DO WE HAVE TO COME BACK 2ND OF MARCH TO TELL US THE SAME THING? IT THAT'S WHAT I. I GUESS THAT'S ONE OF THE THINGS THAT I WOULD SAY IT'S IT'S IT'S IMPORTANT FOR EVERYBODY WHO HAS AN INTEREST IN THIS PROJECT IN ANY FORM FOR OR AGAINST, TO, TO, TO BE HERE AND, AND LET YOUR VIEWS BE KNOWN HOW WHATEVER THEY MAY BE. WELL, YOUR HONOR, IT SOUNDS THAT WHAT WE SAID TODAY MEANS NOTHING. WE HAVE TO COME BACK. NO, SIR. NO, NOT DOCTOR LESTER. MEAN, IT MEANS A 
          [00:45:04]
LOT. I'M SURE THAT ALL OF THESE PEOPLE PAID CLOSE ATTENTION TO EVERY WORD THAT YOU SAID, AND EVERY WORD THAT EVERYBODY ELSE SAID. THAT'S WHY WE'RE HERE. I'D APPRECIATE IT. YES, SIR. 
          THANK YOU. YES, SIR. YEAH. IF YOU'LL KEEP IT SHORT, WE'LL WE'LL ON THE DO THE IF IF NOTICES ARE NOT OR VOTES OR PEOPLE DON'T SHOW UP. IS THAT LIKE A DEFAULT. OKAY. THAT PERSON JUST WE'RE GOING TO ACT LIKE THIS PERSON JUST WASN'T CONCERNED ABOUT THE, THE ORDEAL AT ALL. I MEAN, SO IS IT LIKE AN OPT IN OR AN OPT OUT KIND OF THING? YES. THAT'S A THAT'S A QUESTION I'VE NEVER CONSIDERED. AND WE'LL TRY TO RESOLVE GET AN ANSWER TO THAT FROM LEGAL FROM STAFF AND FROM OUR ATTORNEY. OKAY. THANKS. YES, PLEASE. YEAH. PLEASE COME TO THE MICROPHONE. 
          HI, I'M TRIXIE BELCHER AND MY PARENTS AND I MOVED ON TO BELLEMEADE IN 1964. MY FATHER WAS THE ORIGINAL DEVELOPER OF WHAT IS NOW REFERRED TO AS BELLEMEADE LANE, WHERE ALL OF THESE SPEAKERS HAVE BEEN BEEN. MY PARENTS WERE BOTH HERE IN 2019, IN OPPOSITION TO THE PLANS THAT WERE PROPOSED AT THAT TIME, AND THEY WERE DEFINITELY NOT IN FAVOR. MY MOTHER IS HERE TODAY WITH ME. SHE STILL IS OPPOSED TO IT, AND I JUST FEEL LIKE I DO HAVE ONE QUESTION, BECAUSE I'M A LITTLE CONFUSED FROM WHAT MR. RITCHIE SAID. AND I NOTICED IT WAS THIS WAS CHANGED TO BEING A POD IN 2019 AND NOTHING HAS BEEN DONE. AND NOW WE'RE SEVEN YEARS LATER AND CAN IT REVERT? OR ARE YOU INSINUATING, MR. RITCHIE, THAT BECAUSE NO DEVELOPMENT HAD BEEN DONE, THAT IT WAS LEFT AS LAND AND NOW IT COULD GO BACK TO BEING RESIDENTIAL AS IT WAS FULLY INTENDED? I MEAN, NANCY FAIR WAS ONE OF THE FAIRS, WERE VERY GOOD FRIENDS OF MY PARENTS, AND I PLAYED ALL BACK THERE IN THOSE WOODS BACK IN THE DAY. SO THIS IS THIS THIS IS CERTAINLY RESIDENTIAL IS THE PROPER DESIGNATION. I SEE THAT THAT I'M CAN REMEMBER MY FATHER SAYING THAT LAND WAS NOT MADE FOR ANY DEVELOPMENT. IT'S THE TERRAIN AND THE EFFECT IT WOULD HAVE ON ALL OF THE NEIGHBORS FOR MULTIPLE REASONS. I UNDERSTAND YOUR QUESTION. IT'S ONE THAT'S NEVER OCCURRED TO ME. AND AND I'M NOT GOING TO ANSWER WITHOUT CONSULTING THE STAFF AND MY ATTORNEY. OKAY. BUT THANK YOU FOR FOR RAISING IT AND NO PROBLEM. I'LL BE BACK FROM DALLAS NEXT MONTH. SAME PLACE, SAME TIME, JUST ONE. WELL, WE'LL WE'LL SEE. WE'LL SEE THE OTHER. TRIXIE AROUND TOWN. THAT'S RIGHT. ARE THERE OTHERS? PLEASE, PLEASE COME TO THE MICROPHONE. JENNIFER. JENNIFER. GASTON 106 BELLE. ME. SO THIS SITE PLAN THAT WAS PRESENTED WAS NOT APPROVED BY STAFF OR RECOMMENDED. CORRECT? CORRECT. THAT'S THAT'S AND THE THE ONE THAT WAS SUBMITTED ORIGINALLY, THE ONE THAT WE RECEIVED THAT NOTICE BY MAIL. 
          THE ONE THAT'S WAS POSTED FOR TODAY'S HEARING. CORRECT. THAT'S CORRECT. AND SO IT WAS NOT RECOMMENDED BY YOUR OFFICE. THANK YOU. AND THEN SUBSEQUENTLY SOMETHING ELSE WAS PROPOSED AND THAT NOBODY'S OR AT LEAST I HAVEN'T HAD AN OPPORTUNITY TO SEE. AND SO THAT'S AT LEAST ONE OF THE REASONS FOR TABLING. THANK YOU. IS THAT HELPFUL? AM I CORRECT THAT THIS WENT FROM MULTIFAMILY TO POD SEVEN OR HOWEVER MANY YEARS AGO? I THINK THE NORTHERN LOT, THE 28 WAS RMF AND 26 WAS RESIDENTIAL SINGLE FAMILY. SO COMMISSIONERS, DO YOU HAVE ANY OTHER QUESTIONS FOR STAFF? IF NOT IT'S IT'S SO VERY IMPORTANT FOR CITIZENS TO BE INVOLVED IN THIS IN THIS COMMUNITY. I'M SORRY. QUESTION. COME TO THE COME TO THE COME TO THE MIC. 
          [00:50:01]
COMMISSIONER WILLIAM SPENCER 200 GLENHAVEN. AND THE THE OWNER OF THIS LOT. I WANTED TO WAIT TO GET EVERYBODY'S FEEDBACK BEFORE I STOOD UP AND TALKED WITH EVERYBODY, BECAUSE IT HAS BEEN AN EVOLVING PROCESS, AND I THINK JENNIFER DID A WONDERFUL JOB OF ALLUDING TO SOME OF THE CONVERSATIONS THAT WE'VE HAD TO TRY AND ADDRESS THEIR CONCERNS. WANT TO DO JUST A QUICK LITTLE HISTORY OF HOW WE GOT HERE AND WHY WE GOT HERE. SO 2019, MY WIFE AND I, WE WERE WE WERE LOOKING AT AT PURCHASING THE PROPERTY. AND AT THAT POINT IN TIME, ONE OF THE LOTS WAS ZONED WAS MULTIFAMILY ON THAT LOT. THERE WERE 3 OR 4 DIFFERENT HOMELESS CAMPS. THE THE HOUSE HAD SAT EMPTY FOR 4 TO 5 YEARS. AND, AND IT WAS BECOMING A CONCERN. SO WE WE HAD A VISION OF, HEY, I WONDER IF WE COULD COME IN AND, AND MOVE OUR FAMILY IN HERE AND LIVE HERE AND BE A PART OF THE GREAT NEIGHBORHOOD, AS EVERYBODY'S ALLUDED TO. AND WE'VE LOVED IT EVERY MINUTE OF IT. ME, MY FIVE CHILDREN, I LOVE BEING IN THAT NEIGHBORHOOD. 
          I HAVE SOME OF MY BEST FRIENDS ON THE STREET. I ENJOY COLLABORATING WITH, WITH MY NEIGHBORS ON BELLAMY, ON THIS DEAL. THE FACT OF THE MATTER IS WE WE DID NOT WANT TO BE HERE TODAY. I WOULD HAVE LOVED TO HAVE DONE THE SITE PLAN THAT WAS APPROVED IN 2019. WE WERE ACTUALLY IN CONSTRUCTION TO DO ALL THAT STUFF AND IN COORDINATION WITH THE CITY, WE KNEW THERE WAS A SEWER LINE ON THE LOT. IT WAS JUST LOCATED IN THE WRONG SPOT, AND WE BUILT OUR ENTIRE SITE PLAN OFF THE LOCATION OF THAT SEWER LINE, AND WE PUSHED IT AS FAR NORTH AS WE COULD. AND WE TALKED WITH THE NEIGHBORHOOD AND WE ADJUSTED THE LAYOUT AS WE ARE RIGHT NOW. AND IT WAS IT WAS ONE OF THE TOUGHEST DAYS WHEN WE HIT THAT ACTIVE SEWER LINE. 
          AND I KNEW THAT I'D BE HERE TODAY. SO MUCH SO THAT IT TOOK US FIVE YEARS OF PAYING OFF DEBT TO GET TO THIS POINT WHERE WE'VE GOT TO DO SOMETHING. I CAN'T JUST FINANCIALLY FUND THIS. IT WAS NEVER PART OF OF THE TRAJECTORY WHEN WE PURCHASED THE PROPERTY. AND PART OF THE REASON OUR SALE OF THE PROPERTY WAS CONTINGENT ON THE ZONING OF POD, REMOVAL OF THE MULTIFAMILY, WE WOULD MUCH RATHER HAVE AN OFFICE SPACE THAT I PLAN TO OFFICE IN ON THAT LOT, RATHER THAN THAN MULTIFAMILY, ESPECIALLY WITH MY FIVE CHILDREN RUNNING AROUND PLAYING. IN COMMUNICATION WITH WITH SEVERAL OF THE NEIGHBORS. THE THE PLAN EVOLVES, AND I THINK HEATHER DID A WONDERFUL JOB OF TALKING ABOUT THE EVOLUTION OF THIS. AND EVEN IN TALKING TO STAFF YESTERDAY AND TALKING ABOUT THE POTENTIAL OF OF HAVING THIS TABLED, IT FELT LIKE THE RIGHT THING BECAUSE IT WAS EVOLVING. EVEN IN CONVERSATIONS WITH JENNIFER THIS MORNING OF WILLIAM, WHAT IF WE DID THIS? JENNIFER, I THINK WE CAN MAKE THAT WORK. 
          WHAT IF WE DID THAT? SO EVEN INTO, YOU KNOW, 1230 I PRINTED THIS IN HOPES THAT WE COULD CONTINUE TO HAVE DIALOG. AND, AND PEOPLE HERE TODAY COULD SEE WHAT WAS BEING PROPOSED BECAUSE I LIVE IN THE NEIGHBORHOOD, THESE THIS IS MY COMMUNITY. AND I WANT TO MAKE SURE THAT THAT THIS IS IS PRESERVED AS MUCH AS POSSIBLE. BUT AT THE END OF THE DAY, YOU KNOW, FINANCIALLY WE JUST CAN'T AFFORD FOR IT TO SIT THERE. I WILL SAY IT'S BEEN FOR SALE FOR A YEAR. IT STILL IS FOR SALE. WE WILL BE UPSIDE DOWN AT THE CURRENT LISTING PRICE ON THIS LOT, BUT IT IS FOR SALE. AND IF THE NEIGHBORHOOD FEELS THAT THAT THEY WOULD LIKE IT TO CHANGE, THEY ARE MORE THAN WELCOME TO PURCHASE IT AND WE WILL BE VERY REASONABLE WITH WHAT THAT PRICE IS. SO WE'RE HERE TRYING TO GET OUT OF A ROCK AND A HARD SPOT, AND Y'ALL CAN FEEL THE EMOTION WITH EVERYBODY. THIS IS THIS IS EMOTIONAL FOR EVERYBODY. SO WITH ALL THAT, I'VE BROUGHT HARD COPIES JUST TO SHOW YOU KIND OF WHERE WE ARE. ON THE EVOLUTION OF THE SITE PLAN TWO BUILDINGS, 9000 DOWN TO ONE BUILDING 6000. THAT WAS MUCH CLOSER TO THE ORIGINAL SQUARE FOOTAGE IN THE EXACT SAME PARKING LAYOUT. THIS ONE IS PUSHES THE WHOLE BUILDING EVERYTHING TO THE NORTHEAST. LET ME JUST STOP YOU FOR A MOMENT. ARE YOU ABOUT TO DISCUSS YOUR NEW PROPOSAL AND AND HAPPY TO HOLD. IF THIS IS NOT THE APPROPRIATE SETTING IT IT HAD NOT BECAUSE IT HAS NOT BEEN POSTED. I'D RATHER NOT DISCUSS THAT AT THIS TIME. 
          FANTASTIC, FANTASTIC. AND I'M HAPPY TO. I'VE GOT COPIES OF PEOPLE WOULD LIKE TO PICK IT UP. 
          IT IS. IT WAS HOT OFF THE PRESSES, SO ABSOLUTELY. BUT HERE TO ANSWER ANY OF THE COMMISSION'S QUESTIONS BECAUSE AGAIN, WE'RE WE'RE HERE STUCK IN BETWEEN A ROCK AND A HARD SPOT. I WOULD MUCH RATHER GO DO WHAT WAS ORIGINALLY SET OUT IN THE ORIGINAL INTENT. SO THANK, THANK, THANK YOU FOR YOUR TIME AND PRESENCE. ANY QUESTIONS? ALL RIGHT. THANKS AGAIN. I WAS I WAS JUST ABOUT TO SAY HOW IMPORTANT IT IS FOR PEOPLE TO TO PARTICIPATE IN THIS PROCESS, WHICH IS ALWAYS OPEN TO THE PUBLIC. THE STAFF RECOMMENDATION IS TO TABLE FOR 30 DAYS, AT WHICH TIME WE'LL BE LOOKING AT SOMETHING DIFFERENT, I SUPPOSE. IS THERE A MOTION? 
          [00:55:07]
I'LL MAKE A MOTION TO GO AHEAD AND TABLE PD 25 023. SECOND MOTION HAS BEEN MADE AND SECONDED TO TABLE THIS ITEM FOR 30 DAYS. AND THAT'S MARCH THE 3RD. TUESDAY, MARCH THE 3RD, SAME SAME TIME, SAME PLACE. ANY QUESTIONS? ANY COMMENTS. ALL THOSE IN FAVOR SAY AYE. AYE. 
          ANY OPPOSED? THANK YOU FOR YOUR ALL OF YOU. FOR YOUR TIME AND PRESENCE.
* This transcript was compiled from uncorrected Closed Captioning.