Aug 04, 2026 Planning & Zoning

[CALL TO ORDER]

[00:00:06]

BUT THAT'S ALL DONE NOW, LADIES AND GENTLEMEN, WELCOME TO THIS MEETING OF THE CITY OF TYLER PLANNING AND ZONING COMMISSION. OUR, FIRST ORDER OF BUSINESS IS THE ROLL CALL AND. YES, SIR.

MARIA SCOTT WILLIAMS, JAMES WYNN, PRESENT. PHILIP HUMBER PRESENT. CHRISTINA. DAVIS.

MICHAEL. CARMICHAEL. PRESENT. ROY MARTINEZ. PRESENT. DAVID. HUDSON. PRESENT. WE, WE HAVE A

[PLANNING POLICIES AND PROCEDURES]

AND IT WILL BE HELD IN THE TYLER DEVELOPMENT CENTER ACROSS THE STREET AT 423 WEST FERGUSON.

AND THE LARGE, CONFERENCE ROOM. THE NEXT ITEM ON OUR AGENDA IS CONSIDERATION OF THE MINUTES

[CONSIDERATION OF THE MINUTES FROM THE COMMISSION MEETING OF]

[ZONING]

AND ULTIMATELY, THE CITY COUNCIL WILL HAVE THE FINAL DECISION ON EACH, EACH REQUEST.

IF, IF IT'S RECOMMENDED FOR APPROVAL OR IF IT'S DENIED AND APPEALED, CITY COUNCIL WILL HAVE THAT FINAL SAY. WITH THAT, I'M GOING TO TURN IT OVER TO ANNA LUNA TO PRESENT Z ONE.

GOOD AFTERNOON, COMMISSIONERS AND EVERYBODY PRESENT TODAY. THIS MY NAME IS ANNA LUNA, SENIOR PLANNER FOR THE CITY OF TYLER. THIS FIRST CASE IS AN ANNEXATION REQUEST. AS YOU CAN SEE, THE ADJACENT PROPERTIES, SURROUNDING THE PROPOSED PROPERTY ARE ZONED WITH A VARIETY OF RESIDENTIAL. AND WE DO HAVE SOME C TWO GENERAL COMMERCIAL TO THE WEST. THE APPLICANT IS REQUESTING THE ANNEXATION OF APPROXIMATELY 1.77 ACRES OF LAND THAT LIES ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF TYLER. IT IS LOCATED NORTH OF THE INTERSECTION OF CROWE ROAD. THE APPLICANT IS REQUESTING THAT THE PROPERTY BE ZONED C ONE, WHICH IS OUR LIGHT COMMERCIAL DISTRICT, TO DEVELOP A FITNESS FACILITY, THE APPLICANT IS NEEDING TO EXTEND CITY UTILITIES TO DEVELOP THE PROPERTY. AS YOU CAN SEE WITH THE C ONE, THE FUTURE LAND USE MAP WOULD BE CONSISTENT OF COMMUNITY ACTIVITY CENTER, THE

[00:05:06]

COMMISSIONERS. ANY QUESTIONS FOR CITY STAFF? YEAH, I'VE GOT ONE. AND THE AND YOU MAY NOT KNOW THIS ONE, BUT SINCE THEY'RE KIND OF ON THEIR OWN LITTLE ISLAND RIGHT THERE, WE DON'T HAVE ANY CITY SERVICES. OR ARE WE GOING TO BRING THE SERVICES, ALONG THE THAT WOULD BE THE NORTH SIDE OF CROWE ROAD THROUGH AN EASEMENT THROUGH G. G. S VENTURES PROPERTY OR. KYLE, HOW ARE WE GOING TO HOW'S THE CITY GOING TO GET TO IT? I BELIEVE THERE ARE UTILITIES ON THAT SIDE IN CROWE ROAD. YES, THEY CAN EXTEND TO THE SITE. OKAY. THANK YOU, MR. WAYNE. ANY OTHER ANY OTHER QUESTIONS? THE THE NOTICE THAT I HAVE DOES NOT SHOW ANYBODY HERE TO SPEAK FOR OR AGAINST THIS ITEM. ARE THERE PERSONS HERE WHO WOULD LIKE TO SPEAK ON THIS ZONING AND ANNEXATION REQUEST? IF NOT, THE STAFF RECOMMENDATION IS IS TO APPROVE. IS THERE A COMMISSIONER YOU'D LIKE TO MAKE A MOTION? MR. CHAIRMAN, I MOVE TO APPROVE A 26-001 SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NOT ALL THOSE IN FAVOR, SAY I ANY ANY OPPOSED THAT ITEM IS APPROVED. NEXT IS S 26 IS A 004 TAE PARK 5253521 SOUTH BROADWAY. ALRIGHTY, THIS IS A SPECIAL USE PERMIT REQUEST. IT IS LOCATED ALONG SOUTH BROADWAY. AS YOU CAN SEE, ADJACENT PROPERTIES ARE ZONED C ONE, WHICH IS OUR LIGHT COMMERCIAL. AND THERE IS RESIDENTIAL TO THE WEST OF THE PROPERTY. THIS REQUEST IS TO ALLOW FOR A FOOD TRUCK PARK. THE INTENT OF FOOD TRUCK PARKS, IS TO HAVE A SITE PLAN THAT IS CONSISTENT WITH THE AMOUNT OF FOOD TRUCKS THAT ARE AT THAT LOCATION. THERE THEY SHALL BE CONSIDERED AS A PRIMARY USE OF THE PROPERTY AND ARE SUBJECT TO ALL DEVELOPMENT STANDARDS THAT ARE APPLICABLE TO THE PROPERTY. THERE ARE TWO TYPES. THERE ARE MINOR FOOD TRUCKS, PARKS THAT SHALL CONSIST OF 2 OR 4. AND THERE IS A MAJOR FOOD TRUCK PARK THAT SHALL CONSIST OF FIVE OR MORE MOBILE FOOD UNITS TO BE AT THIS LOCATION DURING OPERATION HOURS. A LITTLE BACKSTORY ON THIS PROPERTY. THEY HAD ORIGINALLY GOTTEN APPROVED IN 2022 FOR A SPECIAL USE PERMIT FOR A YEAR. THEIR PERMIT EXPIRED AND THEY RENEWED IN SEPTEMBER OF 2025. COUNCIL AT THAT TIME DENIED THE SUP BECAUSE THE INTENT OF THE SPECIAL USE PERMIT WAS NOT, BEING USED APPROPRIATELY. THEY HAD STATED THAT THEY WERE GOING TO HAVE NINE FOOD TRUCKS AT THAT LOCATION OPERATING. AND AT THE TIME THEY ONLY HAD ONE SPECIAL OR ONE FOOD TRUCK THAT WAS BEING OPERATING FROM, FROM THE DEVELOPMENT. THE APPLICANT HAS SUBMITTED A REVISED SITE PLAN, WHICH CONSISTS OF SIX FOOD TRUCKS, INCLUDING THREE IN THE BACK AND THREE ALONG SOUTH BROADWAY IN FRONT OF SOUTH BROADWAY. THE PROPERTY IS ZONED C ONE WHICH REQUIRES THEM TO OBTAIN A SPECIAL USE IN ORDER TO HAVE A FOOD TRUCK PARK. THE PROPOSAL DOES NOT PROVIDE ENOUGH INFORMATION TO DETERMINE WHETHER IT MEETS THE INTENT OF THE FOOD TRUCK PARK, AS IT DOES

[00:10:03]

THANK YOU. MR. ANY OTHER QUESTIONS? THE PERSON WHO SIGNED UP TO SPEAK ON THIS ITEM IS MELINDA MURPHY. MISS MURPHY, IF YOU'D COME FORWARD. I THANK YOU FOR THE OPPORTUNITY FOR ME TO BE ABLE TO SPEAK ON THE BEHALF OF TODD KANE. MY NAME IS MELINDA MURPHY, AND I DID PERSONALLY MESSAGE KYLE AND SEND EMAILS ASKING, DIRECTLY WHAT ALL WAS NEEDED BECAUSE WE KNOW THAT IN 2022, THE FOOD TRUCK PARK WAS ALREADY APPROVED. SO WE WERE KIND OF CONFUSED OF WHY IT GOT DENIED THIS LAST TIME BECAUSE, THE COMMISSARY THERE IS, IN COMPLIANCE WITH THE NET HEALTH. AND THEN, I OPERATE YUMMY ASIAN FOOD. I'M SORRY, I'M A LITTLE NERVOUS. I OPERATE YUMMY ASIAN FOOD. I'M THE OWNER OF IT. WE ENDED UP LOSING OUR FOOD TRUCK LAST YEAR BECAUSE OF THE SHUTDOWN, BUT TODD OPENED HIS DOOR FOR US TO BE ABLE TO OPERATE IN HIS FACILITY. SO WE WERE ABLE TO HAVE OUR BUSINESS NOW. AND, THE WAY THAT WE WANT THINGS SET UP IS TODD HIRED US ON AS A PROJECT MANAGER TO OVERSEE OUR EVERYTHING, TO MAKE SURE EVERYTHING RUNS SMOOTHLY. EVERYTHING IS EVERYTHING AT THE FOOD TRUCK PARK WE HAVE NOW IS IN LINE AND IN COMPLIANCE WITH NET HEALTH. AND I DID, PERSONALLY EMAIL, I THINK I SENT LIKE 3 OR 4 EMAILS TO SEE WHAT THE LOGISTIC REASON OF WHY IT GOT DENIED. AND I NEVER GOT A RESPONSE FOR THAT. AND, I DID REVIEW THE VIDEO OF THE LAST MEETING AND I DIDN'T SEE ANYTHING. ANY REASON WHY IT DID GET DENIED LAST TIME? WHY, WHY IT DIDN'T GET APPROVED. BUT I'M STANDING HERE TO ASK FOR Y'ALL'S FAVOR AND APPROVAL TO BE ABLE TO HAVE THE FOOD TRUCK PARK. MR. MURPHY, WOULD YOU STATE YOUR NAME AND ADDRESS? YOU STATED YOUR NAME. YES.

ADDRESS, PLEASE. YES. MY NAME IS MELINDA MURPHY. THE ADDRESS IS 3521 SOUTH BROADWAY. ANY QUESTIONS FOR THIS LADY? KYLE, CAN YOU CLARIFY WHAT WAS WHAT'S MISSING? IT'S BEEN A WHILE BACK.

I DON'T REMEMBER EXACTLY WHAT CIRCUMSTANCE WAS. YEAH, I THINK THE FROM A STAFF PERSPECTIVE IS REALLY WHAT WHAT THE, THE DEFINITION OF A FOOD TRUCK PARK IS, WHICH IS TO HAVE AT LEAST TWO FOOD TRUCKS OPERATING AT A TIME, YOU KNOW, 2 TO 4 FOR A MINOR OR, OR BEYOND FOR A MAJOR ONE. SO, WHEN IT'S NOT, WHEN THERE'S NOT A, A MINIMUM NUMBER, YOU KNOW, AT LEAST TWO, THEN IT'S MORE OF A, YOU KNOW, A, ALLOWING A, A LAND USE THAT WOULD NOT OTHERWISE BE PERMISSIBLE. SO A TRANSIENT VENDOR, YOU KNOW, ONE FOOD TRUCK ON, ON, ON SITE IS NOT PERMISSIBLE IN C-1 ZONING. SO IF THE IF THE INTENT IS STILL TO HAVE ONE FOOD TRUCK OPERATING, THAT THAT'S NOT THE, THAT'S NOT THE LAND USE THAT'S BEING PROPOSED. SO THE PROPOSAL HERE IS THE REQUEST IS TO HAVE A FOOD TRUCK PARK. WITHOUT THAT, THAT LOWER RANGE BEING ESTABLISHED IN THE APPROVAL, IT'S TOUGH FOR STAFF TO, TO SAY WHETHER THEY ARE MEETING THE, THE INTENT OF, OF THE, OF THE USE. SO A MINIMUM OF TWO MINIMUM OF TWO, MINIMUM OF THREE. I MEAN, REALLY THAT NUMBER IS UP TO, AND COUNCIL, BUT IF YOU WERE TO LOOK AT THE SITE PLAN, IT WOULD SUGGEST THAT AT ANY TIME THERE'S. SIX OPERATING, WHICH IF PAST PRACTICE ON THIS ON THIS HAS NOT BEEN THE CASE. IT'S BEEN, YOU KNOW, ONE, I BELIEVE. AND

[00:15:03]

AND, IF THAT, IF THE COMMISSION AND ULTIMATELY THE CITY COUNCIL FEELS LIKE THAT IS MEETING THE INTENT OF THE, THE LAND USE. JUST TO CLARIFY, WE DON'T EVEN HAVE A STANDARD THAT WE'RE ASKING THEM TO MEET. WE DO WE HAVE THE, THE DEFINITION, WHICH IS A FOOD TRUCK PARK, WHICH IS, WHICH IS NOT ONE FOOD TRUCK, OKAY. BUT THERE'S NOT A TWO OR 3 OR 4 MINIMUM. YOU JUST SAY IT'S FOOD TRUCK PARK. SO THERE'S STILL NOT A FINAL DEFINITION TO SAY IT, WHETHER BECAUSE WE MAY END UP WANTING IT TO BE FIVE, WE DON'T KNOW. SURE, THAT'S NOT THERE. SO WE'RE ASKING THEM TO PROVIDE THAT NUMBER. WE DON'T HAVE IT. SO IT'S SUBJECTIVE TO SEE WHAT THEY PROVIDE US. IS THAT CORRECT? THE STAFF WOULD RECOMMEND THAT THE TO QUALIFY AS A FOOD TRUCK PARK, THAT THERE'S AT LEAST TWO THAT THAT LOWER RANGE OF TWO. YEAH. I DID LOOK UP THE INFORMATION OF THE FOOD TRUCK PARK AND AT THE TIME WHEN WE WERE OPERATING. SO WE WERE ONE OF THE FOOD TRUCKS AND SHE WAS A FOOD, FOOD TRUCK PARK OWNER. AND THEN WE HAD J DUBS.

WE HAD A COFFEE, SO WE HAD FOUR FOOD TRUCK ON SITE. ANOTHER THING IS WE DID RESCALE THE APPLICATION DOWN INSTEAD OF HAVING A MAJOR ONE. WE WERE ASKING FOR A MINOR ONE, WHICH IS UP TO FIVE FOOD TRUCK BEING THERE. BUT WHAT WE LEARNED THE PRO AND CONS ABOUT HAVING THE FOOD TRUCK, THE CON WAS WHILE THE FOOD TRUCK WAS IN THE BACK OF THE PARKING, THEY WEREN'T GETTING EXPOSED, YOU KNOW, WHERE PEOPLE WEREN'T ABLE TO SEE THEM. SO WHEN TODD MOVED US UP TO THE FRONT, WE WERE ABLE TO GET TRACTION IN. AND IT WAS REALLY, IT WAS REALLY A BLESSING DURING THAT TIME BECAUSE WE HAD ENDED UP JUST GETTING OUR FOOD TRUCK. YOU KNOW, SOMEBODY HAD GAVE IT TO US. WE WERE, SOMEBODY SPONSORED IT FOR US. AND DURING THAT TIME OF THE RENEWAL, WHEN WE LOST IT, IT WAS BARELY LIKE, YOU KNOW, JUST LIKE ANY BUSINESS, WE GOTTA LEARN WHAT WORKS, WHAT DOESN'T WORK, AND WHAT DIDN'T WORK WAS HAVING THE FOOD TRUCK IN THE BACK. BUT WHEN WE MOVED IT ALL TO THE FRONT, THAT'S WHEN WE STARTED SEEING A LOT MORE TRACTION. IF I RECALL. I THINK KYLE HELPED ME HERE. WHEN WE DID LOOK AT THAT, THE THE REVOCATION OF IT WAS THE FACT THAT THE FOOD TRUCKS WERE, YOU KNOW, THAT THEY HAD WERE SITTING AT THE ENTRANCE, WHICH WOULD HAVE BLOCKED SERVICES. AND THAT WAS THE REVOCATION PURPOSE THERE. AND THEN THAT THERE WAS SOME ISSUES WITH DISTURBANCES IN THE BACK, ON THE BACKSIDE OF THE PROPERTY THAT WE HAD CONCERNED WITH, BECAUSE IT BACKS UP TO RESIDENTIAL AS WELL. THAT'S WHAT I RECALL. I'M LOOKING AT, I THINK THE WELL, THERE'S I'M NOT, I'M NOT SURE ABOUT THAT. I THINK THE, THE INITIAL PLAN THAT WAS APPROVED FOR THE LAST ONE, EVERYTHING WAS IN THE BACK. BUT THEY WEREN'T OPERATING THAT WAY. THEY HAD, THE APPLICANT HAD, WHERE THE OWNER HAD THE, THE ONE FOOD TRUCK, IN THAT AREA ALONG THE SIDE OF THE BUILDING CLOSER TO, TO BROADWAY, I MEAN, STILL OFF BROADWAY, BUT STILL NOT IN AN AREA THAT WAS ON THE SITE PLAN. I THINK THERE WERE SOME, SOME CODE ISSUES RELATED TO LIGHTING. MAYBE SOME POLICE, YOU KNOW, CALLS IF WEATHER RELATED OR NOT TO THE FOOD TRUCK ACTIVITY. BUT YEAH, THOSE WERE SOME OF THE THINGS THAT WERE DISCUSSED LAST TIME. YOU KNOW, THE, THE ARRANGEMENT OF THE, OF THE LAYOUT, I WILL SAY THE, THE, WITH THE ADJACENT TO RESIDENTIAL PROPERTY, IT DOES NEED TO PROVIDE, YOU KNOW, A BUFFER STANDARD, THE SITE PLAN OR THE SMP SPECIAL USE PERMIT CANNOT CREATE A, CANNOT BE APPROVED TO CREATE A VARIANCE, A VARIANCE TO THE STANDARD. SO, WHATEVER, WHATEVER THEY WOULD NEED TO DO FOR BUFFER, YOU KNOW, ALL THOSE OTHER REQUIREMENTS, SOUND AND WHATNOT. THEY'RE THIS WOULDN'T WAIVE ANY OF THOSE, THOSE STANDARDS. I WILL ALSO SAY THAT THE, THE SITE DOES HAVE A COMMISSARY. AND SO THERE ARE TRAILERS AND MAYBE SOME TRUCKS THERE THAT, ARE YOU, THE LOT ARE PARKED THERE AND THEY UTILIZE THE, THE COMMISSARY, WHICH IS PERMISSIBLE AS IS. THE, THE DIFFERENCE HERE IS WHETHER

[00:20:01]

YES, WE DEFINITELY HAVE PLENTY OF PARKING. AND WE DID GET THE FIRE LANE PAINTED AND, YOU KNOW, EVERYTHING THAT WAS REQUIRED. WE DID GET THAT SITUATED AND EVERYTHING. SO, AND WE, WE, WE ARE TOTALLY IN AGREEMENT WITH LIKE, IF THERE'S ANY, YOU KNOW, LIKE NOISE THAT THE NEIGHBORHOODS ARE CONCERNED ABOUT, WE WILL DEFINITELY TAKE CARE OF THAT AND MAKE SURE YOU KNOW IT. IT'S AT A MINIMUM, YOU KNOW, FOR SURE. IS THERE A BUFFER ON THAT WEST SIDE THERE FOR NOISE, I GUESS THEIR GENERATOR INSIDE OF THESE TRAILERS, OR ARE THEY ONLY USING ENERGY FROM THE COMMISSARY? OH, WE HAVE A ELECTRICITY PLUG IN POST. SO EACH POST HAS AN ELECTRICAL WHERE THEY CAN USE. SO THE NOISE WHEN WE HAD OUR FOOD TRUCK, WE HAD, WE WERE ABLE TO USE THE ELECTRIC POST. SO IT WASN'T LIKE IT WASN'T NOISY. IS THERE ALREADY A LANDSCAPE BUFFER THERE? DID YOU SAY IT WAS REQUIRED THAT THERE WOULD BE A LANDSCAPE BUFFER? IS THAT ALREADY THERE? NO. WE. DO YOU HAVE OR NOT? YES, YES. IN BETWEEN THE PROPERTY LINE AND WHERE THE TRUCKS TRAILERS ARE TO BE. OH, AND WE DID GET THE LIGHT FIXED. I THINK, YOU HAD MENTIONED SOMETHING ABOUT THE LIGHTING. WE DID GET ALL THAT TAKEN CARE OF TOO. SO. KYLE, CAN YOU GO BACK TO THE SITE PLAN PICTURE, PLEASE? ON THE IN THE NOTES ON NUMBER THREE UNIT IS REVIVING EXISTING FOOD SERVICE AND BAR OPERATION TO INCLUDE MOBILE FOOD SERVICE, COMMISSARY KITCHEN. SO THIS IS A FOOD TRUCK PARK. IT HAS A COMMISSARY AND NOW IT HAS A BAR. SO. IT'S TWO SEPARATE BUSINESSES. IT'S DEFINITELY TWO SEPARATE WHERE THE FOOD TRUCK PARK IS JUST THE. YOU MENTIONED THAT THE COMMISSARY HAS NOW MET NET HEALTH BECAUSE I KNOW THAT WAS A PROBLEM. THE BAR, WHERE'S THE BAR AS FAR AS THIS SITE PLAN AND DOES THE BAR ALLOW THEM? CAN YOU WALK OUT OF THE BAR WITH A DRINK TO A. NO, NO, NO, NO, YOU CAN'T EVEN BRING IT OUTSIDE AT ALL. THAT'S NOT ALLOWED. SO WE DO HAVE THAT IN PLACE PAST THAT HAS BEEN A PROBLEM. YEAH. NO, IT'S NOT A PROBLEM SIR. WE WE EVEN HAVE SIGNS UP LIKE YOU CANNOT TAKE ANY DRINKS OUT AND WE HAVE SECURITY IN THE FRONT TO LET PEOPLE KNOW. SO WE DO HAVE SECURITY ON SITE. OKAY. ANY OTHER QUESTIONS FOR MISS MURPHY? NO QUESTIONS SIR. YES, SIR. WOULD YOU LIKE TO SPEAK? WOULD YOU PLEASE STEP TO THE MICROPHONE? YES. MY NAME IS TODD KANE, AND MY ADDRESS IS 35 SOUTH BROADWAY AVENUE. I'M THE OWNER OF EXCHANGE BARN LOUNGE. AND WHEN I FIRST, ASKED FOR MY SPECIAL USE PERMIT, IT WAS FOR EIGHT TRUCKS, NOT NINE TRUCKS. AND THE TRUCKS WERE IN THE BACK BECAUSE THAT'S HOW I HAD EVERYTHING SET UP AT THE TIME WHERE PEOPLE COULD, YOU KNOW, GO TO THE BACK AND PICK WHICH FOOD TRUCK THEY WANTED TO GO TO. BUT I'M ALSO A COMMISSARY. SO IT WAS BEGINNING TO BE KIND OF CONGESTED BECAUSE THE TRUCKS IN THE BACK, SOME OF THEM WEREN'T BEING USED. SO THE TRUCKS THAT WERE BEING USED, I MOVED THEM UP FRONT SO THEY COULD BE SEEN BY POTENTIAL CUSTOMERS. SO THAT'S WHY IT WAS MOVED UP FRONT. AND WE DO HAVE THE FIRE LANES WHERE IT SHOULD BE ANY PROBLEMS FOR FIRE TRUCKS OR POLICE TO TO COME THROUGH. WE NEVER HAD AN ISSUE WITH TRAFFIC

[00:25:03]

WE'LL HAVE PEOPLE IN ROTATION, SO WE JUST ROTATE THEM. SO IF WE KNOW THAT THAT PERSON'S NOT GOING TO OPERATE THAT DAY OR A COUPLE OF DAYS, AND I SAY YOU WANTED TO COME AND BRING YOUR TRUCK, I WOULD TELL THAT PERSON, HEY, I HAVE JAMES COMING. SO CAN YOU MOVE YOUR TRUCK TO THE BACK SO HE CAN HAVE THE SPOT? IT'S AS SIMPLE AS THAT. WE JUST ROTATE. WELL, WE HAVE A LIST OF A SIGN UP SHEET WHERE WHEN THE FOOD TRUCK WANTS TO, YOU KNOW, LIKE WHAT DAYS THEY'RE AVAILABLE AND WHAT DAYS THEY WOULD LIKE TO WORK. WE HAVE THAT PLANNED OUT WHERE WE HAVE A LIST TO PUT THEM DOWN. SO THEN PEOPLE WOULD BE IN DIFFERENT ROTATION. LIKE WE HAVE JUST BREAKFAST, FOOD TRUCK IN THE MORNING OR LUNCH OR DINNER. IT'LL BE LIKE IN A ROTATION. BUT EVEN WITH, YOU KNOW, THE TRUCKS, THERE IT IS. IT'S NOT IMPEDING THE, THE FIRE LANE OR ANYTHING LIKE THAT. YEAH. THERE'S PLENTY. IF, IF YOU'VE EVER BEEN THERE, THERE'S PLENTY. THERE'S PLENTY OF SPACE AND PARKING WHERE, THAT BACKSIDE, THAT HOSE STRIP IS LIKE, THERE'S SO MANY LIKE PARKING AREA. WE HAVEN'T HAD ANY ISSUES WITH LIKE ROTATING TRUCKS OR LIKE I SAID, TRAFFIC OR ANYTHING. IT'S PRETTY SMOOTH, LIKE GOING IN AND OUT. KYLE IS E FOOD TRUCK OPERATING CP PART, HOW DOES THAT WORK? IS THAT WHAT DOES THAT LOOK LIKE FOR US? SO IF THERE'S ONE FOOD TRUCK ON THE SITE, THIS THE CURRENT ZONING WOULD NOT ALLOW FOR THAT TO BE THE CASE. OKAY. AND SO IN, YOU KNOW, PAST PRACTICE FOR THE SITE, THE, THE, THE OWNER USED THE PROPERTY AS A FOOD TRUCK PARKING NAME TO, TO ONLY HAVE ONE FOOD TRUCK, WHICH IS NOT PERMISSIBLE. YEAH. AND SO WITHOUT ANY OTHER INFORMATION TO THE CONTRARY, STAFF'S CONCERN IS THAT THAT WILL CONTINUE IN THE FUTURE, WHICH IS NOT THE INTENT OF THE CODE.

[00:30:07]

SO NOW I HAVE ONE AND THE TRUCKS ARE NOT. AND EVEN THEN THEY WOULDN'T HAVE SEATING, YOU KNOW, THE FIRE ALARM. BUT WE DID DO EVERYTHING THAT WAS ASKED, YOU KNOW, SO WE COULD BE IN COMPLIANCE FROM THE FIRE LANE TO THE LIGHT, TO HIRING STAFF ON SITE TO BE ABLE TO OVERSEE EVERYTHING SO IT WOULD RUN SMOOTHLY. I'M JUST TRYING TO HELP PEOPLE TO, TO HAVE A BUSINESS AND TO RUN A BUSINESS. I MEAN, IT, IT SHOULDN'T BE THAT HARD TO TRY TO HELP SOMEBODY TO, TO RUN A BUSINESS OVER 1 OR 2 FOOD TRUCKS. I MEAN, THE LANGUAGE SAY, YES, YOU HAVE TO TO BE CONSIDERED A FOOD TRUCK PARK. YOU HAVE TO RUN TWO OR MORE FOOD TRUCKS. I MEAN, THE PERSON MIGHT NOT COME TO WORK THAT DAY, SO I MIGHT NOT BE ABLE TO RUN TWO FOOD TRUCKS AT THE TIME, JUST LIKE YOU MIGHT CALL INTO WORK. I MEAN, YOU MISSING WORK THAT THAT'S GOING TO BE I MEAN, I, THAT'S GOING TO BE A SERIOUS PROBLEM FOR YOU. BECAUSE IF YOU HAVE SOMEBODY THAT COMES AND THEY TRY IT AND LIKE YOU SAID, THEY'RE THERE, THEY MAKE $10, THEY'RE GOING TO GO FIND A HOUSE TRAFFIC LOCATION ON A CORNER SOMEWHERE IN A WELL, THEY DO THAT ALREADY. THEY ROTATE LIKE EVEN WITH FIRST MONDAY IN CANTON. WHAT I'M SAYING IS IF THEY'RE NOT SUCCESSFUL ON THE DAY THEY TRY YOU, THEY'RE GOING TO MOVE. SO YOU'RE NOT GOING TO KNOW HOW MANY YOU'RE GOING TO HAVE EACH DAY. AND IF IT'S A DAY THAT THE CITY DRIVES BY AND THEY SEE ONE FOOD TRUCK OPERATING THERE, GO THERE, DO OPERATE WITH THE GUIDELINES OF THEIR CP. DO I NEED TO TAKE THE SIGN DOWN TO SAY, FOOD TRUCK PARK AND JUST GET THE PARK? NO, I'M JUST I'M JUST I MEAN, WALKING THROUGH A SCENARIO. YEAH, YEAH. BECAUSE WE JUST WANT IF I HAVE ONE FOOD TRUCK TO HELP SOMEBODY TO, YOU KNOW, RUN A BUSINESS OR START A BUSINESS, I DON'T SEE THE REAL CONCERN ABOUT THAT. THERE'S NO DANGER IN THAT. NOBODY'S

[00:35:01]

IF YOU'RE REFERRING TO THE, THE STATE, YOU KNOW, UNIFORM PERMITTING OF FOOD TRUCKS, I'M NOT SURE IF THAT'S GOING TO CHANGE THE MARKET, BUT I THINK THE, PERHAPS THE INDUSTRY THINKS IT MIGHT. SO I THINK TO YOUR POINT, PERHAPS. YEAH. AGAIN, THANK YOU ALL FOR YOUR TIME AND PRESENCE HERE. ANY OTHER QUESTIONS? ARE THERE OTHER PERSONS HERE WHO WOULD LIKE TO SPEAK ON THIS ITEM? FAR AGAINST. ARE THE, I THINK WE'VE DISCUSSED THIS ITEM PROBABLY OVER 2 OR 3 MEETINGS. SO, THE STAFF RECOMMENDATION IS TO DENY, BUT IT'S THE COMMISSION'S DECISION. IS THERE A COMMISSIONER YOU'D LIKE TO MAKE A MOTION, TO APPROVE OR DENY OR DENY? THIS IS APPLICATION OR OTHERWISE. MR. CHAIRMAN, WITH ALL DUE RESPECT TO WHAT THEY'RE TRYING TO DO, I THINK THIS IS A SQUARE PEG IN A ROUND HOLE RIGHT NOW FOR US. SO I WOULD VOTE TO DENY S26-004. SECOND MOTION HAS BEEN MADE AND SECONDED TO DENY, THIS SPECIAL USE PERMIT REQUEST. ANY DISCUSSION. IF NOT, ALL THOSE IN FAVOR OF THE MOTION, SAY AYE.

AYE. ANY OPPOSED? THANK YOU ALL FOR YOUR TIME AND PRESENTS. THE NEXT ITEM ON OUR AGENDA IS E26-020. THIS IS HIGHLAND DAIRY. THERE ARE TWO HIGHLAND DAIRY ITEMS ON THE AGENDA. AND THE FIRST ONE IS A ZONE CHANGE. ANNA. YES, THIS IS A ZONE CHANGE. IT'S CURRENTLY ZONED R-2, WHICH IS OUR TWO FAMILY DUPLEX. THE REQUEST IS FOR C-2, WHICH IS OUR GENERAL COMMERCIAL.

AS YOU CAN SEE, SURROUNDING AREAS ARE ZONED WITH A MIXTURE OF RESIDENTIAL, AND ONE WHICH IS INDUSTRIAL. AND THEN TO THE EAST, YOU DO HAVE THAT C-2, THAT C-2 IS ALSO OWNED BY THE APPLICANT. IT IS THE HIGHLAND FACILITY. THE APPLICANT IS REQUESTING THE ZONE CHANGE TO CONDUCT A TWO STORY ADMINISTRATIVE BUILDING WITH ASSOCIATED PARKING LOTS. THE

[00:40:03]

IF IF WITH A ZONE C2 ZONING, THE APPLICANT WOULD BE REQUIRED TO PROVIDE A TYPE B BUFFER YARD, WHICH, WHICH WOULD BE ADJOINING TO RESIDENTIAL ZONINGS. THE UDC ALSO REQUIRES THEM TO PROVIDE LIGHTING TO DOESN'T DESIGN TO PREVENT LIGHT SPILLOVER ONTO RESIDENTIAL PROPERTIES. OF THE NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR AND FOUR WERE RETURNED IN OPPOSITION TO THE REQUEST, BRINGING THE PROTEST CALCULATIONS TO 16.25%. CONCERNS FOR THIS WERE INCREASE IN TRAFFIC NOISE, HEAVY COMMERCIAL VEHICLE ACTIVITY AND GENERAL DISTURBANCES. THE PROPOSED USE FOR THIS PROPERTY IS FOR AN OFFICE BUILDING AND PARKING WITH THAT STAFF HAS PERFORMED A TECHNICAL REVIEW AND FINDS THAT IT IS CONSISTENT WITH THE APPROVAL CRITERIA.

STAFF RECOMMENDS APPROVAL OF THE REQUEST. THANK YOU. ANY ANY QUESTIONS FOR CITY STAFF. ANNA, HAS THE APPLICANT APPLIED FOR FORECLOSURE OF THE. I GUESS IT WAS A PROPOSED ROAD AT ONE TIME IN BETWEEN, SAY LOT THREE AND 1314. SO THE NEXT CASE IS THAT'S THAT'S OKAY. I GOT AHEAD OF MYSELF. I'M SORRY. I HAVE A QUESTION VERSUS C2. SINCE THIS IS AN OFFICE BUILDING, IT WOULD HELP TO BUFFER THE NEIGHBORS IF IT WAS PROFESSIONAL OFFICE VERSUS C2. IS THAT. YES. WELL, ACTUALLY, IF IT WAS RPO, THE BUFFERING WOULD BE SMALLER. SO, THE TYPE B BUFFER REQUIRED BETWEEN C2 AND R2. IF YOU GO BACK TO THE ZONING MAP, IS 10 TO 20FT, WHERE THE RPO TO THE RESIDENTIAL IS 5 TO 10FT. AND SO ACTUALLY THE WE WITH KNOWING THAT THE APPLICANT'S DEVELOPING AN OFFICE BUILDING, THEY ARE A KNOWN ENTITY. SO IT'S NOT A SPECULATIVE REQUEST. SO, SEE, YOU KNOW, THE PROPOSED USE IS SURE IT CAN BE PERMISSIBLE IN RPO AS WELL. BUT IF THE CONCERN IS ABOUT BUFFERING, THE C2 ACTUALLY PROVIDES MORE BUFFER. THANKS, MIKE. ANY OTHER QUESTIONS FOR CITY STAFF. ALL RIGHT. I HAVE, SHARON MOORE WHO SIGNED UP TO SPEAK. MY NAME IS SHARON MOORE, BUT I'M SPEAKING ON BEHALF OF MY COUSIN CHRISTINA FRANKLIN, WHO LIVES IN THE PROPERTY RIGHT NEXT. IT'S RIGHT BESIDE THE RED PORTION, RIGHT SMACK DAB IN THE MIDDLE. IT'S PROBLEMATIC. I WORK FOR CITY GOVERNMENT BEFORE, SO I, I UNDERSTAND THE ECONOMIC REPERCUSSIONS, RIGHT? HOWEVER, THIS IS, YOU KNOW, SIMPLY MORE THAN A TRANSACTIONAL SITUATION FOR US SINCE SEVERAL PEOPLE HERE, I'M ASSUMING THAT THEY LIVE IN THE COMMUNITY AS WELL.

CHRISTINA COULDN'T BE HERE TODAY BECAUSE SHE HAS DISABLING CONDITIONS. BUT SHE WANTS TO MAKE IT KNOWN FOR THE RECORD THAT SHE STRONGLY OPPOSES THE REZONING AT THIS TIME. YOU KNOW, THEY VIEW THIS PROPERTY AS THEIR HOME. THIS IS NOT ABOUT, JUST A PIECE OF LAND. I CAN TELL YOU FROM MY PERSONAL EXPERIENCE, MY UNCLE AND MY AUNT, WHEN THEY WERE LIVING, WE WOULD HAVE A FAMILY GATHERINGS THERE. THE LOT THAT THEY ALREADY HAVE, DEVELOPED USED TO BE A PLACE WHERE WE WOULD HAVE OUR FAMILY EASTER EGG HUNTS. EVERY APRIL WE WOULD CELEBRATE MY GRANDMOTHER'S BIRTHDAY, BUT SHE WAS DECEASED DURING THAT TIME. SO THIS HOME SERVES AS SENTIMENTAL VALUE AND A PLACE OF RESIDENCE. WHEN PEOPLE PURCHASE THEIR HOMES, THEY DON'T EXPECT TO EXPERIENCE A COMMERCIAL EXPERIENCE. OKAY, IF THIS WAS YOUR PARENT, YOUR LOVED ONE, YOUR SISTER, BROTHER, WHOMEVER, HOW WOULD YOU FEEL? I MEAN, THIS IS, YOU KNOW, WE

[00:45:04]

EVERYTHING. WE HAVE TO BE HUMANE. WE HAVE TO BE RESPECTFUL IN THIS PROCESS BECAUSE I GUARANTEE YOU, IF IT WAS A PERSON IN YOUR FAMILY, YOU WOULD NOT ALLOW WHAT HAS HAPPENED TO MY COUSIN. I'VE HAD TO WRITE LETTERS ABOUT THE WAY THE REALTOR HAS TREATED HER WITH TOTAL DISRESPECT. JUST BECAUSE YOU'RE IN A LOWER SOCIOECONOMIC STATUS, IT'S CRITICAL THAT WE TREAT THIS WITH KID GLOVES. IT'S CRITICAL, AND Y'ALL UNDERSTAND EXACTLY WHAT I'M SAYING. YOU CAN LOOK DOWN AT YOUR MONITORS, YOU CAN DO WHATEVER, BUT IF IT WAS YOUR FAMILY, YOU'D UNDERSTAND. AND SO WE'RE JUST ASKING THAT AT THIS TIME, MISS FRANKLIN AND HER COUSIN KI ANDRE MUMPHREY RESIDE IN THE HOME. HAVE EXPERIENCED LOSS. SHE HAS EXPERIENCED SEVERE HEALTH PROBLEMS, AND SHE HAS MADE GREAT STRIDES IN HER IMPROVEMENT AND HER RECOVERY AND HER HEALTH. AND IN HER HOME. OKAY. SHE MADE IT OUT OF HER HOUSE THE FIRST TIME TO A FAMILY REUNION A COUPLE OF WEEKS AGO. IT WASN'T WITHOUT PROBLEMS, BUT SHE DID. BUT THAT'S HER HOME. HER HOME. Y'ALL LET THAT RESONATE WITH YOU. I AGAIN, I UNDERSTAND THE IMPLICATIONS. SO AT THIS TIME, I JUST WANT TO SAY THAT WE HAVE TO CONSIDER THE PEOPLE THAT LIVE IN THIS AREA IN THEIR FEELINGS, FOR THE LACK OF, YOU KNOW, WHEN A COMMERCIAL ENTITY COMES INTO PLAY, YOU'RE GOING TO HAVE MORE TRAFFIC. I WATCHED THIS OVER THE YEARS. I'M TELLING YOU, THAT LITTLE FIELD THAT WAS OUT THERE, IT'S NOW PARKING LOT. WHEN I GO THROUGH THERE, IT'S LIKE I CAN'T MANEUVER. THEY TRESPASSED ON THEIR PROPERTY. THEY HAVE, KNOCKED DOWN TREES AND DAMAGED PROPERTY, HER PROPERTY AND HAVE REALLY BEEN SOME. I'VE NEVER SEEN IT IN MY LIFE. OKAY. THERE WAS A COUPLE OTHER THINGS. YEAH, IT'S A LOT IN THE BACKGROUND. I DON'T KNOW IF Y'ALL ARE AWARE OF IT, BUT THE REALTY COMPANY THAT THEY'VE HIRED HAVE HARASSED HER, HAVE, CALLED HER OUT OF, CALLED HER CRAZY NAMES, HAVE, YOU KNOW, JUST DONE HORRIBLE THINGS. AND SO I HAD TO WRITE A LETTER TO THE REALTY PEOPLE. SO THAT'S HOW SERIOUS THIS IS. THIS IS NOT A GAME BECAUSE PEOPLE WILL BE DISPLACED EVENTUALLY. IT MAY NOT BE TODAY. BUT AS FOR NOW, IF YOU COULD JUST CONSIDER NOT APPROVING THE THE REZONING BECAUSE SHE NEEDS TO RECOVER, SHE NEEDS TO GET HER HEALTH BACK IN HER HOME IN PEACE. AND WHEN THEY PURCHASED THAT PROPERTY AND THERE IS A FAMILY LINEAGE IN THAT PROPERTY, THEY DID IT WITH THE INTENT TO BE ABLE TO STAY THERE, FOR GENERATIONS TO COME. AND SO, FOR THESE REASONS, WE RESPECTFULLY ASK THE COUNCIL TO DENY THIS REZONING AND PROTECT THESE FAMILIES SO THAT THEY CAN CONTINUE TO HAVE THEIR NEIGHBORHOOD AND THEIR COMMUNITY AND BE ABLE TO RESIDE IN THEIR HOMES BECAUSE IT'S NOT EASY TO GO TO A NEW HOME. I LIVE IN AN AREA WITH A HOA. I DON'T LIKE IT. I GOTTA KEEP MY GRASS CUT. I GOTTA MAKE SURE I HAVE TWO TREES HERE, YOU UNDERSTAND? SO IF THEY GET DISPLACED AND TO MOVE THEM SOMEWHERE ELSE, WHERE WILL THEY GO? OKAY, THANK YOU FOR YOUR TIME AND I APPRECIATE YOU. THANK YOU FOR YOUR TIME AND PRESENCE. ANY ANY QUESTIONS FOR MISS MOORE? ANY QUESTIONS FOR MISS AGAIN, THANK YOU FOR YOUR TIME. ARE THERE OTHERS WHO WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? YES. MY NAME IS KEONDRE MONTEREY AND I LIVE AT 304 NORTH CLAYTON AVENUE. I'M ALSO HERE TO SPEAK ON OPPOSITION LIFE, BUT SHARON HAS SAID BECAUSE OF THE INCREASE IN TRAFFIC, THE NOISE AND ALL OF THAT AND EVERYTHING SHE HAS SAID, BECAUSE I ALSO LIVE WITH, CHRISTINA FRANKLIN AND, AND ANOTHER REASON WHY, BECAUSE HE HAD ALSO THEY HAVE ALSO HAVE TORN UP PARTS OF THE ROAD WHEN THEY WAS WORKING ON THE PARKING LOT. THEY WOULD HAVE TO THEY ALSO DISRUPTED OUR SERVICES TO WORK ON. AND, YOU KNOW, SHE, WE NEEDED THE SERVICES FOR, TO SURVIVE ON. AND THAT'S LIKE I STATED IN MY

[00:50:05]

AND I HAD CAME HOPING TO FIND OUT FROM HIGHLAND WHAT WAS THE STRATEGY. IT ISN'T THAT BIG OF A DEAL. I'VE MOVED SO MANY TIMES IN MY LIFE. I CAN'T SAY THAT IT'S. YOU KNOW, I JUST WANT IT BECAUSE I GUESS AFTER A COUPLE YEARS, I WAS UNDER THE UNDERSTANDING THAT, THOSE PROPERTIES WOULD BE PURCHASED. AND SO WE KIND OF SWEATED THINGS OUT BECAUSE WE KNEW, OKAY, THIS ISN'T GOING TO LAST FOREVER. AND THEN JUST RECENTLY WE FOUND OUT, IT SEEMS AS IF THERE'S A NEW STRATEGY AND OUR BLOCK IS GOING TO BE CUT IN HALF. AND, AND IT'S GOING TO TURN INTO COMMERCIAL PROPERTY, WHICH PRESENTS A NEW ISSUE FOR ME BECAUSE MY HOUSE IS THE NEWER ONE ON THE BLOCK. IT'S ONLY SIX YEARS OLD. BUT LIKE I SAID, I'M OKAY WITH, WHAT DO YOU WANT TO SAY? REVITALIZATION. IT'S NOT THAT BIG OF A DEAL FOR ME, BUT SORRY, NOTHING. YOU KNOW, FOR THOSE WHO, YOU KNOW, I GET IT. MY DAD LIVED IN THE SAME HOME FOR HIS MOST OF HIS LIFE, BUT I JUST REALLY WANTED TO UNDERSTAND WHY THAT WAS TAKEN OFF THE, AGENDA FOR HIGHLAND AND WHY IT TURNED INTO, COMMERCIALIZING THE ENTIRE BLOCK, WHICH I THOUGHT IT WAS GOING TO BE PURCHASED. SO THAT WAS MY THOUGHT. AND I'M SORRY. YEAH. COULD COULD YOU TELL ME WHICH HOUSES I'M THE ONE RIGHT AT THE TOP RIGHT THERE. THE THAT'S IT. VANESSA JOYNER YES.

OKAY. SO I'M I'M OKAY. BUT WE HAD SEEN PEOPLE, THEIR, THEIR PROPERTIES WERE PURCHASED. AND SO FOR SOME OF US, WE JUST THOUGHT THAT IT WOULD JUST NOW, I WAS NEVER APPROACHED BY ANY REALTOR. SO MY EXPERIENCE IS TOTALLY DIFFERENT. I WAS NEVER APPROACHED BY ANYONE. SO, SO YOU HAVE DIFFERENT EXPERIENCES ON THIS BLOCK FOR DIFFERENT PEOPLE. BUT I THINK THAT'S ALL I WANTED TO SAY. THANK YOU. THANK YOU. ANY QUESTIONS? THANK YOU FOR YOUR TIME AND PRESENCE.

ANY QUESTIONS FOR THIS LADY? ARE THERE OTHERS? YES, MA'AM. MY NAME IS LINDA DAVIDSON AND I STAY AT 1309 EAST LYNNE. MY HOUSE IS RIGHT ON THE CORNER. I HAVE A FENCE GOING DOWN BESIDE WHERE THEY'RE TRYING TO PUT WHATEVER THEY WANT OVER THERE. I'M BY MYSELF AND I THINK IT'S REALLY DANGEROUS FOR ME. BUT THEY HAVE NO PARKING LOT OVER THERE. I DON'T KNOW ANYTHING ABOUT WHO THEY'RE GOING TO, WHO GOING TO PARK OVER THERE OR WHAT'S GOING TO WHAT'S GOING ON.

AND REALLY, LIKE SHE SAID, I WAS THINKING THEY'RE GOING TO PURCHASE, BUT IT'S NOT THAT IMPORTANT BECAUSE I'VE BEEN IN MY HOUSE OVER 40 YEARS AND I AND I THINK IF THEY'RE NOT GOING TO DO ANYTHING, JUST LET DON'T PUT ANYTHING OVER THERE. THEY'RE NOT YOU'RE NOT GOING.

YOU DON'T BLOCK THOSE HOUSES THAT WAS THERE. JUST LEAVE US ALONE. IF YOU'RE NOT GOING TO DO ANYTHING, DON'T PUT A WALL OR WHATEVER DOWN THERE BESIDE IT. I DON'T WANT THAT. I LIKE SITTING ON MY PORCH EVERY, YOU KNOW, EVERY DAY AND NIGHT TIME OR WHATEVER, AND TRAFFIC LIKE, LIKE THAT. THEY SAID NOISE. WHO WANTS TO SIT OUT THERE AND BE AMONG ALL OF THAT WHEN YOU. SO I'M USED TO BEING I AM BY MYSELF. I DON'T HAVE ANYBODY AT HOME WITH ME. SO WHY GO THROUGH ALL OF THAT? YOU KNOW, OF HAVING SOMETHING OVER THERE. JUST LEAVE IT EMPTY. IF YOU DON'T GOT WHAT YOU WANT, JUST LEAVE IT LIKE THAT. DON'T PUT ANYTHING OVER THERE. AND THAT'S

[00:55:02]

AND THEN IT WAS LIKE, LIKE HORRENDOUS. THEN THERE WERE SOME INSTANCES TRYING TO GET OFF, TRYING TO GET OFF FROM OUR HOUSE, TRYING TO GET OFF OUR STREET TO, TO GO TO COMMERCE OR TO THE OTHER ONES, THE BIG STREET. IT WAS LIKE A HASSLE FOR NOT CRASHING. THAT'S ON PAR BECAUSE BASICALLY WHEN THEY START DOING THAT, BUILDING THE OFFICES AND WHATEVER, IF, IF IT WOULD BE THE SAME THING COMES DOWN. AND THEN FOR, FOR ME, MY MOM, I CALL IT MY MOM PRIORITY IS MORE AS TAXES BECAUSE WE'RE NOT IN, LIKE THE AREA OF MORE OF THE SOUTH. THERE'S MORE, HAVE MORE, ECONOMICAL, YOU KNOW WHAT I MEAN? WE'RE MORE ON THE MIDDLE, LESS THAN THE MIDDLE.

SO IT'S MORE HARSH ON US FOR THE TAXES. SO I FEEL LIKE IF IN A IMPACT US REAL BAD ON THAT FOR SURE. SO YEAH, THANK THANK YOU FOR YOUR TIME AND PRESENCE. HIGHLAND DAIRY HAS VASTLY EXPANDED THEIR OPERATION OVER THERE. IT'S IT'S NOT JUST A PARKING LOT OR A BUILDING. ARE THOSE CONCERNS THAT YOU'RE REPRESENTING HERE? YES, BUT NOT AS MUCH. WE DON'T. FOR ME, MY PERSPECTIVE, WE DON'T MIND THE LIKE TO HAVE MORE JOBS LIKE THAT AIN'T FOR US ISN'T BAD.

IT'S MORE AS AFFECTING THAT BLOCK. BASICALLY JUST, COMING IN, JUST TRYING TO TAKE OVER THAT SMALL SPOT. BASICALLY FOR ME, IT'S JUST A MIGHT AS WELL BUY THE WHOLE BLOCK AND GET RID OF US, BUT GIVE US LIKE THE GOOD AMOUNT OF MONEY TO SO EVERYBODY CAN GET OUT FROM THEIR, WITH SO HE CAN BUY OUR HOUSES WITH THE EXPENSES OF MOVING OUT AND EVERYTHING.

BECAUSE RIGHT NOW IT AIN'T THAT CHEAP. IT AIN'T CHEAP TO MOVE OUT. SO THAT'S WHY, FROM MY PERSPECTIVE, BACK TO YOUR COMMENT, DURING THE CONSTRUCTION PERIOD, IT CREATED A PROBLEM THAT WOULD PARK ON LOCUST ON SIDE STREET SINCE THEY FINISHED ALL THEIR CONSTRUCTION. IS THAT A PROBLEM STILL? NO, NOT RIGHT NOW. NOT NO MORE. BECAUSE THEY'VE GOT PLENTY. I KNOW YOU CAN TELL THEM PLENTY OF FENCED IN PARKING FOR THEIR EMPLOYEES AND, MOST IF NOT ALL OF THEIR TRAFFIC, I BELIEVE IS COMING IN ON FOUR. SO THAT'S NOT COMING THROUGH. NOT, LIKE THE PARKING FOR THEIR, LIKE FOR THE BUILDING, LIKE NOT FOR THE JOB SITE WHEN THEY WERE WORKING. IT WAS, NOT THEM. LIKE WE DON'T HAVE NO PROBLEMS WITH THEM.

IT'S JUST MORE WHEN THEY WERE WORKING THE JOB SITE, LIKE THE WORKERS THAT WAS THERE. YEAH.

SOME OCCASIONS, LIKE THE TRAILERS, THEY GET CONFUSED AND THEY TRY TO COME IN IN THE OTHER SIDE. YEAH, THAT'S A LITTLE BIT, BUT NOT THAT'S VERY, THAT'S VERY. YEAH. THANK YOU FOR YOUR TIME. ANY OTHER QUESTIONS FOR THE GENTLEMAN? ARE THERE, ARE THERE OTHERS, WHO WOULD LIKE TO SPEAK ON THIS ITEM. FOREIGN. IS THE SOMEBODY HERE REPRESENTING THE APPLICANT.

YES. YES SIR. WOULD YOU. MY NAME IS BARRY BEEMAN. I'M THE GENERAL MANAGER OF HIGHLAND DAIRY. AND, I AM WILLING TO MEET WITH ANY OF Y'ALL AFTER THIS MEETING AND DISCUSS YOUR ISSUES IF YOU'D LIKE TO. I'D CERTAINLY LIKE TO ADDRESS THEM. OUR CONSTRUCTION'S OVER. WE

[01:00:06]

YEAH. OH, OH I SEE. I'LL SAY THIS, MISS BARRY, WHEN I'VE BEEN IN YOUR FACILITY BEFORE, YOU DON'T GO VERY FAR INSIDE YOUR GATE WITHOUT SOMEONE STOPPING YOU. I COMMEND YOU ON THE SECURITY YOU HAVE THERE. THEY WERE QUICK TO DIRECT ME WHERE TO GO. AND, YES, I WANTED TO TOUR YOUR FACILITY. WE DO. WE HAVE ARMED SECURITY. WE ALSO ASSIST THE NEIGHBORS WHEN IT COMES TO THAT. WE'VE HEARD GUNSHOTS BEFORE, AND OUR OFFICERS CALL THE POLICE DEPARTMENT AND THAT KIND OF THING. BUT OVERALL, IT'S A IT'S A GOOD NEIGHBORHOOD. WE RARELY HAVE OR SEE ANY PROBLEMS IN THE NEIGHBORHOOD. SO AROUND THE NEW OFFICE BUILDING, WILL IT ALL BE NICELY LANDSCAPE? YES. VERSUS IT'S ALL BARRIERS. YES, SIR. IT'S ALL BEEN SUBMITTED. WE'VE ALREADY GOT A PLAN. THE, THE BUILDING ITSELF WILL BE IT'S PROJECTED IN THE FUTURE, WITHIN A YEAR TO, TO GET IT STARTED. THE PARKING LOTS IMMEDIATE BECAUSE OF THE GROWTH THAT

[01:05:03]

SO YOUR COMPANY NEEDS TO TAKE AN OPPORTUNITY TO MEET FACE TO FACE WITH THE PEOPLE IN THE COMMUNITY. THIS IS NOT TRANSACTIONAL. THIS IS EMOTIONAL. THANK YOU, THANK YOU.

THANK YOU FOR YOUR COMMENTS. THANK BOTH OF YOU FOR YOUR COMMENTS. IT IS IT'S ALWAYS, ADVISABLE FOR SITUATIONS LIKE THIS FOR PEOPLE TO MEET AND COMMUNICATE. IF THAT'S IF THAT'S POSSIBLE. IT'S NOT, IT'S NOT SOMETHING I CAN MANDATE, BUT MAYBE IT HELPS SOMETIME.

ARE THERE OTHERS WHO'D LIKE TO SPEAK ON THIS ITEM? ALL RIGHT. IF NOT, THE STAFF RECOMMENDATION IS TO, APPROVE THIS AS AN ACTUAL ZONING. CAN WE SEE THE ZONING MAP ONE MORE TIME? SO YOU'RE SO THE THE REQUEST IS TO EXTEND EXTEND C2C2 ACROSS THE CLAYTON STREET INTO THE GREEN AREAS. YES, SIR. YOU HAVE THE FUTURE LAND GUIDE MAP AS WELL UP THERE. I'M STILL THINKING WE SHOULD HAVE A BARRIER ZONING IN BETWEEN THE BLACK RPO, EVEN THOUGH THE THE REQUIREMENTS TO LANDSCAPE ARE SMALLER, I THINK IT IT WOULD KEEP FROM HAVING A PROBLEM IN THE FUTURE OF HAVING THE COMMERCIAL DIRECTLY AGAINST THE BACK OF SOMEONE'S HOUSE, AND IT WOULD GIVE A LITTLE ZONING BARRIER, LIKE WE TYPICALLY TRY TO DO. YEAH, YEAH, EITHER THAT OR JUST TALK TO YOU. OUR COMMISSIONERS, WE, YOU KNOW, WE'VE, WE'VE HEARD LOTS OF INTERESTING AND IMPORTANT INFORMATION IN THE STAFF RECOMMENDATION IS TO, TO APPROVE THIS, ZONING CHANGE. AS THEIR COMMISSIONER, I'D LIKE TO MAKE A MOTION, MR. CHAIRMAN.

I'LL MAKE A RECOMMENDATION BASED ON STAFF RECOMMENDATION TO APPROVE Z26-020. MR. WIND MAKES A MOTION. IS THERE A SECOND? I'LL. SECOND MOTION HAS BEEN MADE AND SECONDED. ANY DISCUSSION? I'D LIKE TO ADD THAT I THINK IT'D BE GOOD TO HAVE A COMMUNICATION BETWEEN THE APPLICANT AND THE. MY ONLY COMMENT IS I'VE BEEN HERE FOR A LONG TIME AND THIS IS ONE OF THE MOST, DIFFICULT ISSUES I'VE HAD TO FACE. BUT THE, THE ITEMS HAVE BEEN, THE MOTION HAS BEEN MADE AND SECONDED. ALL THOSE IN FAVOR SAY AYE, AYE, AYE. ALL THOSE OPPOSED SAY NO, NO, NO.

BY A VOTE OF 3 TO 2. THE ZONING ITEM IS IS APPROVED. NEXT ON THE AGENDA IS ALSO HIGHLAND,

[01:10:05]

SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THE CLOSURE OF THAT RIGHT OF WAY. ANY DISCUSSION, IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THAT MOVES US TO PD 26-011. TONY MEEKS 3101 BELLWOOD ROAD. GOOD AFTERNOON COMMISSIONERS. HUNTER LEACH, PLANNER. THE APPLICANT IS REQUESTING AN AMENDMENT TO THE APPROVED SITE TO THE APPROVED SITE PLAN IN ORDER TO ALLOW FOR CHURCH SERVICES, LOCATED NORTHWEST OF THE INTERSECTION OF BRITTON AVENUE AND BELLWOOD ROAD. THE ADJACENT PROPERTY TO THE NORTH AND EAST IS A RAILROAD, A RAILROAD RIGHT OF WAY OF VARIED WIDTH, GENERALLY 200FT WIDE. THE PROPERTIES TO THE SOUTH ARE ZONED R-1, A SINGLE FAMILY RESIDENTIAL DISTRICT, AND C ONE LIGHT COMMERCIAL DISTRICT, AND ARE DEVELOPED WITH SINGLE FAMILY, DEVELOPED WITH A SINGLE FAMILY HOME AND A CHILD DAYCARE. THAT PROPERTY TO THE WEST IS ZONED R-1, A SINGLE FAMILY RESIDENTIAL DISTRICT, AND IS VACANT. THE TYLER TOMORROW. FUTURE LAND USE IDENTIFIES THIS PROPERTY AS MIXED RESIDENTIAL, AND AMENDMENT TO THE FUTURE. LAND USE IS NOT NECESSARY, AS RELIGIOUS LAND USES ARE PERMISSIBLE IN ALL ZONINGS IN ALL ZONING DISTRICTS. IN 2011, A SITE PLAN WAS APPROVED FOR THE PROPERTY TO ALLOW FOR THE USE OF AN EXISTING COMMERCIAL BUILDING FOR A FURNITURE REPAIR WORKSHOP. THE ADDITION OF THE CHURCH SERVICES EXPANDS THE ALLOWABLE ACTIVITIES WITHIN THE PCDI ZONING DESIGNATION, BUT DOES NOT INTENSIFY THE PLANNED DEVELOPMENT. RELIGIOUS USES TYPICALLY, TYPICALLY, TYPICALLY OPERATE DURING LIMITED HOURS

[01:15:05]

AND I THINK THAT THIS CHURCH WAS THE LOCATION. IT STANDS ALONE. I THINK IT'S, IT'S A BEAUTIFYING THE NEIGHBORHOOD. AND I THINK IT'LL BE A GOOD DEAL FOR PC TO APPROVE THIS ZONING CHANGE SO THAT WE, THEY COULD THE CHURCH, THE NO EXCUSE MINISTRIES CAN CONTINUE TO OPERATE THERE TO HELP SAVE SOME LIVES. OKAY. THANK YOU FOR YOUR TIME. ANY QUESTIONS FOR MR. MEEKS? OKAY. AGAIN, THANK YOU FOR YOUR TIME. AND ARE THERE OTHERS WHO WOULD LIKE TO SPEAK ON THIS ITEM? YES, MA'AM. GOOD AFTERNOON OR EVENING? AFTERNOON. I'M DIANE JOHNSON, 3101 BELLWOOD ROAD. I'M THE PASTOR. WIFE PASTOR IS JOHN W JOHNSON JR. HE'S CURRENTLY AT WORK AT TRAIN. BEEN THERE 33 YEARS. AND, WHEN WE CAME UP ON THE PROPERTY MR. MEEKS RENTED TO US OR LEASED IT TO US. AND SO OUR INTENTION, WE'VE ALWAYS BEEN A COMMUNITY TYPE OF OUTREACH CHURCH. SO WE HOLD SERVICES. AND WE ALSO HAVE ALREADY TALKED TO PETE ELEMENTARY TO ADOPT THE SCHOOL BY PROVIDING SNACKS FOR TEACHERS BECAUSE THEY LIKE TO EAT, AND JUST DIFFERENT WAYS TO PROVIDE MORE OUTREACH TO PREACH THE GOSPEL. SO WE HAVE, DONE ALL THE INSIDE, ALL THE LOGISTICS. I BELIEVE THE OCCUPANCY IS 126. THE PARKING LOT SPACES WERE REQUIRED TO BE TEN. MR. MEEKS THEY DID. 13 WE DO HAVE HANDICAP ACCESSIBILITY. WE, ACTUALLY HAVE ONE OF THE BATHROOMS THAT HAVE A HANDICAP RAIL FOR THOSE WHO NEED HANDICAP AND ALL THE FIRE.

[01:20:03]

GOOD. THANK YOU. I'M TRYING. SO WE WOULD REALLY APPRECIATE THE APPROVAL AND APPRECIATE. TELL US TELL US THE I DIDN'T SEE IT. TELL US THE NAME OF YOUR CHURCH. IT'S CALLED NO EXCUSES MINISTRIES, NO EXCUSES MINISTRIES. OKAY. AND, THAT JUST MEANS, A LOT OF PEOPLE COME UP WITH EXCUSES AS TO WHY THEY CAN'T COME TO CHURCH. SO WE SAY IT'S NO EXCUSE. AND WE DO A LOT OF OUTREACH. WE HAVE CLOTHING FOR THOSE WHO ARE IN NEED AND CANNED FOODS. WE KEEP ON HAND WHEN PEOPLE ARE HUNGRY. SO I'M ACTUALLY ORIGINALLY FROM LOS ANGELES. I'VE ALWAYS HAD A PASSION FOR THOSE IN NEED. AND SO WE JUST TRY TO DO WHAT WE CAN. WE'RE SMALL, WE'RE A VERY SMALL CONGREGATION, BUT WE TRY TO BE VERY ACTIVE IN THE COMMUNITY. SO THANK YOU FOR YOUR TIME. THANK YOU. ANY QUESTIONS? AND KYLE, YOU SAID THIS REALLY IS JUST A CLEAN UP THAT IT SHOULD HAVE NOT EVER WHEN THE ORIGINAL ZONING, IT SHOULD NEVER HAVE BEEN AS RESTRICTIVE. I DON'T THINK THAT IT WAS INTENDED, FOR IT TO BE THAT RESTRICTIVE, BUT BECAUSE IT WAS REZONED FROM R1, A TO P, C D TO ALLOW THAT COMMERCIAL BUILDING TO BE USED. THERE WAS CONCERNS ABOUT MORE COMMERCIAL ACTIVITY THAN THAT. SO THAT'S WHY IT'S RESTRICTED TO THAT, THAT USE. SO I THINK THAT THAT REMAINS TO BE SEEN, BUT IN MY OPINION THIS IS A VERY MINOR CHANGE. SO ALL WE'RE ALL WE'RE DOING IS APPROVING THE REVISED SITE PLAN. SO WE'RE ADDING ANOTHER USE. YES. OKAY. ANY OTHER PERSON YOU'D LIKE TO SPEAK ON THIS ITEM OR AGAINST IF IF NOT THE STAFF RECOMMENDATION IS TO APPROVE. IS THERE A MOTION? MR. CHAIR, I'D LIKE TO MAKE A MOTION TO APPROVE PD 26-011. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE.

ANY OPPOSED? I HOPE, I HOPE PEOPLE SHOW UP AND DON'T MAKE EXCUSES FOR. THIS. NEXT ITEM ON OUR AGENDA IS C 26 TO 0 ZERO FOUR. JESUS. LABRADOR RUIZ, EAST BARRETT STREET ADJOINING 2100 CARLISLE AVENUE. MR. HUNTER, THE APPLICANT IS REQUESTING, THE CLOSURE IN ORDER TO REPLAT THE RIGHT OF WAY INTO THEIR ADJACENT PROPERTY. THE RIGHT OF WAY SEGMENT IS CURRENTLY UNIMPROVED AND UNUSED. HOWEVER, IT CONTAINS AN EXISTING SIX INCH WATER LINE THAT MUST BE PRESERVED, AS PART OF THE REPLAT. THE WATER LINE WILL NEED TO BE PLACED WITHIN A DEDICATED UTILITY EASEMENT TO ENSURE CONTINUED ACCESS AND MAINTENANCE. THE REPLATTED PORTION IS PROPOSED TO BE INCORPORATED AS A DRIVEWAY FOR THE APPLICANT. OH, SORRY. OF THE OF THE NOTICES. MAIL. NO NOTICES WERE RETURNED IN FAVOR, AND TWO WERE RETURNED IN OPPOSITION TO THE REQUESTED CLOSURE. FOR A PROTEST CALCULATION OF 21.35%. ONE OF THE OPPOSING RESPONDENTS INDICATED THAT THEY CURRENTLY USE THE UNIMPROVED RIGHT OF WAY AS AN ACCESS POINT TO GET CLOSER TO THEIR HOME IN ORDER TO ASSIST WITH PICKING UP A HANDICAPPED SPOUSE, AND EXPRESSED CONCERN THAT THE CLOSURE WOULD REMOVE THE ACCESS, REMOVE THAT ACCESS. STAFF HAS ATTEMPTED TO CLARIFY WITH THE OPPOSITION THAT THE ONLY CLOSURE IS THAT THE ONLY CLOSURE IS THE UNIMPROVED PORTION OF BARRETT, AND NOT ANY EXISTING STREET ACCESS. STAFF RECOMMENDS APPROVAL OF THE CLOSURE OF THE RIGHT OF WAY, SUBJECT TO THE RIGHT OF WAY BEING REPLATTED WITHIN SIX MONTHS. THANK YOU. ANY QUESTIONS FOR STAFF HUNTER? WHICH SIDE OF THE PROPERTY IS THE WILL THE EASEMENT HAVE TO BE MAINTAINED? LOOKING AT IT. IT'S DEPENDENT ON WHERE THE THE WATER MAIN IS OKAY IN THE IN THE RIGHT OF WAY, IT MIGHT BE IN THE. I'M NOT SURE WHICH SIDE NORTH IS NORTH OR SOUTH, BUT. BUT THE APPLICANT IS IN AGREEMENT TO THE DEDICATED EASEMENT. I MEAN, THEY THEY WILL EITHER HAVE TO DEDICATE IT OR REROUTE IT, BUT SO, SO DEDICATED, DEDICATED. I THINK THEIR ONLY PLAN IS TO, TO USE THAT AS ACCESS OR DRIVEWAY ACCESS. SO, SO THAT SHOULDN'T AFFECT ANY BUILDING. THAT'S WHEN IT'LL BE IDENTIFIED AND

[01:25:05]

GOOD AFTERNOON. MY NAME IS RUIZ AND I'VE BEEN THERE FOR 35 YEARS. AND WITHIN THE 35 YEARS, THERE AIN'T NO THERE AIN'T BEEN NOBODY THERE TO CLEAN UP OR NOTHING LIKE THAT. SO, YOU KNOW, I GOT GRANDKIDS AND ALL THAT. AND I, I WAS TRYING TO FIGURE OUT, SINCE THE DRIVEWAY IS LOCATED RIGHT IN BETWEEN, IN THE MIDDLE OF MY NEIGHBORS, I WAS TRYING TO SEE IF I CAN'T TRY TO FENCE UP SOME OF IT BECAUSE I GOT GRANDKIDS NOW, YOU KNOW, 35 YEARS, THAT'S BEEN A LONG TIME. AND THAT PLACE WAS SUPPOSED TO BUILD A ROAD THROUGH THERE SINCE 1940. SO IT'S BEEN 80 YEARS. AND I DONE CLEANED UP WITHIN 30 SOME YEARS. AND I WAS JUST TRYING TO FIGURE OUT HOW COULD I DO IT TO, YOU KNOW, PERMANENTLY CLOSE, NOT CLOSE IT UP, BUT TRY TO LIKE, YOU KNOW, SOME OF THE PROPERTY UP OR IS THERE ANY WAY I COULD HAVE OWNERSHIP OR HALF OF IT OR, YOU KNOW, SINCE THE DRIVEWAY IS LOCATED IN BETWEEN MY HOUSE AND MY NEIGHBOR'S HOUSE AND THEY'VE BEEN THEY'VE BEEN STUFFED. THEY'VE BEEN TIMES WHERE I GET INTO MY NEIGHBORS OR PEOPLE JUST COME AND TRY TO PARK THERE THINKING THAT IT'S A, IT'S A ROAD. AND REALLY MY, MY, MY, MY YARD IS RIGHT THERE. SO I GOT GRANDKIDS, YOU KNOW, I CAN'T HAVE ANY STRANGERS JUST PULL UP IN THERE THINKING THEY RUN STUFF. YOU KNOW, IT'S, IT'S HARD. IT'S BASICALLY HOW EVERYTHING IS RIGHT NOW THAT, YOU KNOW, YOU NEVER KNOW. IT'S JUST. AND I SAID, I GOT GRANDKIDS, KIDS, AND IT'S HARD. IT'S AND, AND I'VE BEEN GETTING INTO SOME PEOPLE BECAUSE THEY, THEY'RE LIKE, WELL, THIS AIN'T YOUR YARD. BUT IF YOU LOOK AT THE REAL MAP AND ZOOM IN, THERE'S NOTHING THERE. YOU KNOW, THERE'S NOTHING. THERE'S A BIG FENCE. MY NEIGHBOR WHERE HE DON'T FENCE IT UP ALL THE WAY. AND MINE IS JUST OPEN, YOU KNOW, AND IT'S HARD, YOU KNOW, PEOPLE HAVE PARTIES AND STUFF LIKE THAT AND THEY THINK THEY CAN JUST RUN IN THERE AND THEY, THEY COULD RUN THE WHOLE. IT'S HARD, YOU KNOW, I DON'T KEPT UP WITH THE WHOLE PROPERTY FOR 30 SOME YEARS. I CLEANED UP, CUT DOWN TREES AND, AND IT BEEN A LOT OF MAINTENANCE DONE TO IT FOR 30 SOME YEARS. YOU KNOW, I'M, I'M 40, 43 YEARS OLD. I'VE BEEN THERE SINCE I WAS FIVE YEARS OLD. SO IT'S LIKE, I THINK, I THINK WE'RE, I THINK WE UNDERSTAND. ANY QUESTIONS FOR THIS, MR. RUIZ? IF NOT, THANK YOU FOR YOUR TIME AND PRESENTS. ARE THERE OTHERS YOU'D LIKE TO SPEAK ON? WHO WAS THE PERSON WHO WAS CONCERNED ABOUT THEIR GETTING THEIR GRANDFATHER OR SOMEBODY GETTING ACCESS? WAS THAT. NO, HUNTER I COULDN'T IDENTIFY FROM THE ANYBODY ELSE COULD HAVE BEEN AFFECTED. YEAH. SO ARE THERE OTHERS HERE WHO'D LIKE TO SPEAK ON THIS ITEM FOR AGAINST, I THINK THE, THE OPPOSITION WAS THE, THE MORALES FAMILY THERE.

THEY COULD USE THAT ANYWAY, BUT IT'S THE MORALES WHICH IS THE OTHER SIDE OF THE EASEMENT.

IT'S NOT READ. CORRECT. SO WHEN DID WE RECEIVE THAT OBJECTION. OH, NO. IT'S THE ISSUE. ISABEL.

ISABEL, THE OTHER ONE ON THE OTHER SIDE. OKAY. ISABEL MORALES HERE. OKAY. DOES MR. RUIZ KNOW THAT THE PIPE OR THAT THE EASEMENT, IF IT'S ON THE NORTH SIDE OF THIS, THAT MIGHT IMPACT WHAT HE WANTS TO DO BECAUSE HE SAID WE'RE NOT SURE WHAT SIDE IT'S ON. RIGHT. WELL, IT SOUNDS LIKE THE APPLICANT WANTS TO FENCE IT OR PUT A FENCE ALONG THEIR HALF OF THE NEW RIGHT. SO THEY'LL BE ENTITLED TO HALF OF THE RIGHT OF WAY. AND THEN I THINK THEY PLAN TO PUT A FENCE DOWN THE MIDDLE OF. BARRETT, WHICH I'M GOING TO PUT NOTHING. ANOTHER PROBLEM, SIR. WE COME TO THIS. YEAH. SO THAT'S GOING TO MAKE A DIFFERENCE. MY PLAN IS TO BUILD ANOTHER DRIVEWAY NEXT TO THE DRIVEWAY THAT EXISTING. BECAUSE IF IF IF IT GOES LIKE THAT, THEY KEEP THAT DRIVEWAY. SO I DON'T HAVE NO NO WAY TO GET IN MY HOUSE NOW BECAUSE THE WAY IT WAS BUILT BACK THEN, YOU KNOW, HOW THEY DID THE CURVE AND ALL THAT, WHERE THEY PUT THE

[01:30:02]

THANK YOU. THANKS. THANKS FOR YOUR TIME. ANY OTHER PERSON WHO WOULD LIKE TO SPEAK ON THIS ITEM? IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE THE CLOSURE OF THE UNIMPROVED RIGHT OF WAY, FOR EAST BARRETT STREET. IS THERE A MOTION, MR. CHAIRMAN? I'LL MAKE A MOTION TO APPROVE. C26-004. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ITEMS APPROVED. GOOD LUCK WITH YOUR PROJECT. NEXT IS Z 26018. FERNANDO AND MARIA MARTINEZ. YES, SIR. THE APPLICANT IS REQUESTING A ZONE CHANGE FROM R-2 TWO FAMILY DUPLEX DISTRICT TO C ONE LIGHT COMMERCIAL, LIGHT COMMERCIAL DISTRICT, LOCATED EAST OF THE SOUTHEAST INTERSECTION OF EAST FIFTH STREET AND SOUTH FLETCHER AVENUE. THE ADJACENT THE ADJACENT PROPERTY TO THE NORTH IS ZONED INT INSTITUTIONAL DISTRICT AND IS DEVELOPED WITH THE TYLER JUNIOR COLLEGE CAMPUS, THE ADJACENT PROPERTIES TO THE EAST AND WEST ARE SPLIT ZONED C ONE LIGHT COMMERCIAL DISTRICT AND R-2 TWO FAMILY RESIDENTIAL DISTRICT AND ARE DEVELOPED WITH COMMERCIAL USES. THE ADJACENT PROPERTY TO THE SOUTH IS ZONED R-2 TO FAMILY RESIDENTIAL DISTRICT AND IS DEVELOPED WITH RESIDENTIAL USES. THE REQUEST IS CONSISTENT WITH THE TYLER TOMORROW FUTURE LAND USE MAP, WHICH IDENTIFIES THIS PROPERTY AS COMMERCIAL. THE APPLICANT INTENDS TO OBTAIN A PERMIT FOR THE EXPANSION ON THE SOUTHERN PORTION OF AN EXISTING BUSINESS. DUE TO THE PROPERTY BEING SPLIT ZONED, BEING SPLIT ZONED DOWN THE MIDDLE BETWEEN C ONE LIGHT COMMERCIAL DISTRICT AND R-2 TWO FAMILY DUPLEX DISTRICT. THE APPLICANT MUST REZONE THE WHOLE PROPERTY TO C ONE TO BE IN CONFORMANCE BEFORE PROCEEDING WITH THE PERMIT PROCESS. OF THE NOTICES MAILED, NO NOTICES WERE RETURNED OR IN FAVOR WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST, AND STAFF RECOMMENDS APPROVAL OF THE ZONE CHANGE. SO HUNTER, MORE THAN ANYTHING, THIS IS JUST CLEANUP. YES, SIR. THAT'S CORRECT. ALL RIGHT. ARE THERE IS ANYONE HERE? RICARDO.

VALERIO. AND RICARDO. VALERIO AND I REPRESENT THE SHOPPING CENTER. AND THE ONLY THING THAT WE ARE REQUESTING IS TO INSTALL A WALK IN COOLER ATTACHED TO THE BUILDING. BUT WE COULDN'T INSTALL IT BECAUSE IT GOES HALFWAY WITH THE ZONING REQUIREMENTS. IT'S ALREADY A COMMERCIAL PROPERTY. IS THERE ENOUGH SPACE IN THE BACK? AND WHAT WE'RE USING IS A NINE FOOT BY NINE FOOT ATTACHED TO THE BUILDING ITSELF. THE FOR US TO BE ABLE TO CREATE AN EASIER PERFORMANCE FOR OUR OPERATIONS. AND TELL ME A LITTLE BIT MORE ABOUT WHAT YOUR BUSINESS IS, WHAT THIS OH, AZTEC. IT'S A MEXICAN RESTAURANT. IN THE PAST YEAR AND A HALF HAVE OPENED THREE LOCATIONS. THIS IS MY THIRD LOCATION, ACTUALLY COME FROM LOUISIANA, CURRENTLY ON 22 RESTAURANTS, BARS AND SPORTS BARS. AND TOWARDS THIS INVESTMENTS ARE SECOND GENERATION. WE SAW A LOT OF POTENTIAL IN THE MARKET AND WE DECIDED TO FLIP IT. BUT WHEN WE WENT TO APPLY FOR WITH THE WITH THE ZONING DEPARTMENT FOR OUR FOR INSTALLING OUR WALK IN COOLER, WE WERE STOPPED BECAUSE IT GOES BETWEEN THE MAPPING, ZONING AND I GUESS I'M JUST HERE TO ASK FOR ANOTHER PERMIT TO BE ABLE TO FINISH OUR OPERATIONS AND BE ABLE TO OPEN THE BUSINESS, SINCE IT'S TOO SMALL INSIDE AND WE PUT A LOT OF DECORATION AND FURNITURE, WE GET TO THAT POINT THAT WE DIDN'T NOTICE IT FROM THE BEGINNING. OTHERWISE I WOULD HAVE DONE IT EARLIER. THANK YOU. THANKS FOR YOUR TIME. ANYBODY? ANYBODY HERE? ANY QUESTIONS FOR THIS GENTLEMAN? YOU HAVE ONE ON BROADWAY TOO, RIGHT? YES, SIR. YES, SIR. YEAH, YEAH. WE EXPECT TO OPEN MORE LOCATIONS IN DIFFERENT CONTEXTS. ALL RIGHT. AGAIN, THANK YOU FOR YOUR TIME.

[01:35:07]

ALL RIGHT. ANY QUESTIONS FOR HUNTER? IF NOT, WILLIS JOHNSON SIGNED UP TO SPEAK. IS MR. JOHNSON HERE? WILLIS JOHNSON, 14, 700 COPPER RIDGE BOULEVARD. I'M A PROFESSIONAL SURVEYOR, AND I JUST PERFORMED SOME SURVEYING SERVICES AND ANSWER ANY QUESTIONS OR ANYTHING YOU HAVE ABOUT THE PROJECT FOR THE ZONE CHANGE REQUEST. OKAY. THANK YOU FOR YOUR PRESENCE HERE. ANY QUESTIONS FOR MR. JOHNSON? THANK YOU AGAIN. ANY ANY OTHER PERSON YOU'D LIKE TO SPEAK ON THIS ITEM? THE APPLICANT HERE. APPLICANT. THE STAFF RECOMMENDATION IS, IS TO APPROVE THE ZONING CHANGE FROM C TWO TO R1B. IS THERE A MOTION? MR. CHAIRMAN, I MAKE A MOTION TO APPROVE G26-019. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ZONING CHANGE. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? ITEMS APPROVED. NEXT IS P26-013.

JENNICA HOLDINGS. OKAY. THE APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN TO BUILD A CREDIT UNION. LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH BROADWAY AVENUE AND WEST CENTENNIAL PARKWAY. THE ADJACENT PROPERTIES TO THE NORTH, SOUTH AND WEST ARE ZONED PMD1, PLANNED MIXED USE DISTRICT AND ARE CURRENTLY BEING DEVELOPED WITH COMMERCIAL USES. THE ADJACENT PROPERTIES TO THE EAST ARE ZONED P, C, D PLANNED COMMERCIAL DISTRICT AND ARE DEVELOPED WITH A MIXTURE OF COMMERCIAL PROPERTIES. THE REQUEST. THE REQUEST IS CONSISTENT WITH THE TYLER TOMORROW FUTURE LAND USE MAP, WHICH IDENTIFIES THE PROPERTY AS REGIONAL ACTIVITY CENTER. THE APPLICANT REQUIRES THE APPROVAL OF A SITE PLAN BECAUSE THE APPROVED PMD1 REQUIRES A FINAL SITE PLAN PRIOR TO DEVELOPMENT. THE DEVELOPMENT OF THE CREDIT UNION WILL BE IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE AND OF THE PMD1 STANDARDS ADOPTED IN 2019. OF THE NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR

[01:40:02]

AYE. ANY OPPOSED? WE'RE

* This transcript was compiled from uncorrected Closed Captioning.