* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:21] NO GO. CAN YOU HEAR ME OKAY? O'CLOCK. WE'RE GONNA CALL THE [1. CALL TO ORDER AND ROLL CALL] TUESDAY, JULY 20TH, 2021. PLANNING AND ZONING, COMMISSION MEETING TO ORDER. AND I'LL ASK NAY TO CALL THE ROLL. MR. WALTERS? YES, MR. HARLOW. MR. WHEELER. HERE WE ARE NOW MR. BALLOU. HERE. MR. PIERCE? HERE. MR. BARAT. THAS HERE. THANK YOU. YOU'RE WELCOME. MS. WINFREY HERE. OUR FIRST ITEM [2. MINUTES] ON THE AGENDA, THE MINUTES OF THE JUNE 15TH, 2021. PLANNING AND ZONING COMMISSION. MOTION TO APPROVE. THANK YOU MITCHELL. SECOND. ANY DISCUSSION? ALL IN FAVOR, PLEASE INDICATE BY SAYING AYE. AYE. THOSE OPPOSED? MOTION CARRIES. OUR NEXT [a. Consider a request for a subdivision variance to have reduced frontage on an improved public right-of-way for approximately 0.28 acres, located at 9600 Crystal Boulevard, Chambers County, Texas.] ITEM IS THREE A. CONSIDER A REQUEST FOR SUBDIVISION VARIANCE TO HAVE REDUCED FRONTAGE ON AN IMPROVED PUBLIC RIGHT OF WAY FOR APPROXIMATELY 0.28 ACRES. LOCATED AT 9,600 CRYSTAL BOULEVARD, CHAMBERS COUNTY, TEXAS. MARTIN, THANK YOU. UM, MARTIN SCRIBNER PLANNING AND DEVELOPMENT SERVICES FOR THE CITY. UM, SO WHAT WE HAVE HERE IS, UH, THERE IS A 13 ACRE PARCEL AT, THAT'S BASICALLY IT'S JUST WEST OF TANGLE WILD SUBDIVISION, UH, IS AT THE END OF CRYSTAL BOULEVARD. THAT SUBDIVISION IS ALREADY, UH, IS ALREADY, UH, PLATTED AND DEVELOPED. UM, THIS PIECE IS AT JUST OFF THE WEST END OF THAT CUL-DE-SAC, UH, AND WAS NOT PART OF THE SUBDIVISION PLAT. UH, A LARGE PIECE OF THAT PROPERTY IS ACTUALLY, UM, IS ACTUALLY IN THE FLOODPLAIN. AND WHAT YOU CAN SEE ON YOUR AERIAL THERE IS THAT EVERYTHING AROUND IT IS EITHER, UH, RESIDENTIAL OR, OR BASICALLY WOODED OR, UM, VACANT IN NATURE. AND IT DOES BACK UP TO, UH, CEDAR BAYOU THERE TO THE WEST. UM, HERE IS, UH, THIS IS THE MINOR PLAT THAT HAS BEEN PROPOSED BY THE PROPERTY OWNERS. AGAIN, UM, YOU, YOU AS A COMMISSION WILL NOT SEE THE PLAT COME THROUGH YOU FOR APPROVAL BECAUSE AS, UH, FOUR LOTS ARE LESS MINOR PLAT IS DONE BY STAFF AS ADMINISTRATIVE APPROVAL. BUT WHAT THEY DO NEED IS THEY NEED A LITTLE HELP WITH THE, UH, AGAIN, THE FRONTAGE FOR LOT TWO. SO YOU CAN SEE OVERALL WE'RE TALKING ABOUT 13 ACRES. UH, EVERYTHING THAT'S IN THE GREEN, UH, YOU CAN SEE THIS LINE RIGHT HERE IS THE EDGE OF THE FLOODPLAIN. SO IT IS VERY LIMITED AS TO WHAT THEY CAN BUILD IN THIS, ON THIS PROPERTY. SO YOU'VE GOT LOT ONE IS THE LARGER ONE, IT'S 12 ACRES, YOU GOT LOT TWO, WHICH IS 0.28 ACRES. LOT THREE OVER HERE, WHICH IS A LITTLE OVER TWO ACRES AND LOT FOUR, WHICH IS ABOUT A THIRD OF AN ACRE. AS YOU CAN SEE, WE HAVE THE CUL-DE-SAC HERE FROM CRYSTAL BOULEVARD, FROM TANGLE WILD. UM, SO LET'S TAKE A LITTLE CLOSER LOOK AT THIS. UM, WE'VE GOT LOT TWO IS THE LOT IN QUESTION THAT, UH, AGAIN, THE REQUIREMENT IS TO HAVE 50 FEET OF RIGHT OF WAY ACCESS AND THESE THREE LOTS, ONE, THREE AND FOUR ALL HAVE THE 50 FEET. AND THEN WHAT WAS LEFT OVER WAS RIGHT HERE. UM, WHICH AGAIN, YOU CAN SEE ON LOT TWO, UH, A LITTLE OVER A QUARTER OF AN ACRE. UH, THE ACCESS THAT THEY ARE ASKING FOR FROM 50 FEET DOWN TO JUST UNDER 24 FEET. UH, AGAIN, YOU CAN SEE THERE'S VERY LIMITED ACCESS TO THIS AREA BECAUSE, BECAUSE OF THAT CULDESAC. SO, UM, WE HAVE THREE CRITERIA WHEN APPROVING A, UH, A SUBDIVISION VARIANCE. THE FIRST ONE IS, ARE THERE ANY SPECIAL CIRCUMSTANCES [00:05:01] THAT, UM, THAT THIS PROPERTY IS AFFECTED BY? AND AGAIN, THE ACCESS IS ONLY ALLOWED TO THESE PROPERTIES FROM THAT CUL-DE-SAC THAT'S ALREADY BUILT ON CRYSTAL BOULEVARD AND IT DOES LIMIT THE NUMBER OF DRIVEWAYS, UH, TO THE LARGE PARCEL THAT'S THERE. 13 ACRES, BUT ALSO, UH, THAT FLOODPLAIN IS REALLY LIMITING AS WELL, UH, TO THE BACKSIDE OF IT. UH, WOULD THIS VARIANCE BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE? UH, REALLY WHAT WE'VE GOT IS A VERY NEGLIGIBLE TRAFFIC IMPACT. AGAIN, IT'S GOING TO LOOK LIKE AND FEEL LIKE THIS IS JUST FOUR MORE LOTS AS PART OF WHAT IS ALREADY A, A BUILT OUT SUBDIVISION. UH, SO IT REALLY IS NOT A MEASURABLE IMPACT, UH, TO THOSE NEARBY PROPERTIES. AND THEN, UH, IT IS THE VARIANCE GOING TO PREVENT AN ORDERLY SUBDIVISION OF OTHER LAND THAT'S NEARBY. UM, AGAIN, THIS REALLY ONLY ADDS ONE ADDITIONAL, UH, POINT OF ACCESS TO THE THREE THAT WOULD ALREADY BE ALLOWED. UM, SO THAT'S AGAIN, THAT'S NOT GONNA, AND WE'VE GOT ALL THAT FLOOD PLAIN. THERE REALLY ISN'T ANYTHING ELSE TO SUBDIVIDE IN THAT AREA. SO WITH THAT STACK, STAFF RECOMMENDS APPROVAL OF THE REQUESTED VARIANCE, UH, TO ALLOW FOR THAT LOT TO BE PLATTED WITH A FRONTAGE OF APPROXIMATELY 23.76 FEET. UH, WITH THAT, UH, STAFF IS HAPPY TO ANSWER ANY QUESTIONS. DOES ANYBODY HAVE QUESTIONS FOR MARTIN? IF NOT, WE'LL TAKE A MOTION TO APPROVE OR DO. MOTION TO APPROVE. MOTION TO APPROVE. JEFF, DO I HEAR A SECOND? SECOND. HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR. PLEASE INDICATE BY SAYING AYE I. THOSE OPPOSED LIKE SIGN MOTION CARRIES. UH, FOUR A, ACTUALLY FOUR [a. Consider approving Heights of Baytown General Plan, located south of Interstate Highway 10 between Needlepoint Road and the Grand Parkway.] [b. Consider approving Heights of Baytown Section One Preliminary Plat, being approximately 50.81 acres located south of Interstate Highway 10 between Needlepoint Road and Grand Parkway. ] [c. Consider approving Chambers Parkway Street Dedication Preliminary Plat, being approximately 2.12 acres located south of Interstate Highway 10, between Grand Parkway and Needlepoint Road. This plat is located within a Limited Purpose Annexation area.] A, B AND C OR NO. FOUR A AND B, CONSIDER APPROVING HEIGHTS OF BAYTOWN GENERAL PLAN LOCATED SOUTH OF INTERSTATE HIGHWAY 10 BETWEEN NEEDLEPOINT ROAD AND GRAND PARKWAY AND B. CONSIDER APPROVING HEIGHTS OF BAYTOWN SECTION ONE, PRELIMINARY PLAN B, APPROXIMATELY 50.81 ACRES LOCATED SOUTH OF INTERSTATE HIGHWAY 10 BETWEEN NEEDLEPOINT ROAD AND GRAND PARKWAY. GOOD AFTERNOON. MY NAME IS HELEN LAND, THE PLANNER ONE. UH, ITEMS FOUR A THROUGH C WILL BE PRESENTED TOGETHER. THERE ARE ONE PROJECT, UH, PRESENTED IN DIFFERENT FACES. SO AS MENTIONED A GENERAL PLAN, THIS PROPERTY IS APPROXIMATELY 161 POINT 40 ACRES SUBDIVISION. THE APPLICANT IS PROPOSING FOUR SECTIONS. THE CITY OF BAYTOWN HAS ENTERED INTO A DEVELOPMENT AGREEMENT WITH THE DEVELOPER. FOR SECTION ONE, THE APPLICANT IS PROPOSING APPROXIMATELY 50.81 ACRES OF LAND THAT WOULD CONSIST OF 159 LOTS, FOUR BLOCKS, 10 RESERVES FOR OPEN SPACE, RECREATION, LANDSCAPE DETENTION, INCIDENTAL UTILITIES, AND A LIFT STATION. FOR ITEM FOUR C, THE APPLICANT IS PROPOSING APPROXIMATELY 2.2 ACRES OF LAND TO DEDICATE A PORTION OF THE ROADWAY FROM OLD NEEDLE POINT HERE WITHIN THE HEIGHTS OF BAYTOWN DEVELOPMENT. WITHIN THIS ONE, THE APPLICATIONS HAVE BEEN REVIEWED BY THE DEVELOPMENT REVIEW COMMITTEE, WHICH, WHICH FOUND THAT THE APPLICATIONS ARE IN CONFORMANCE WITH THE COURT OF ORDINANCES AS WELL AS WITH THE DEVELOPMENT AGREEMENT. STAFF RECOMMENDS APPROVAL FOR ITEMS FOR A THROUGH C. I'LL STAND FOR ANY QUESTIONS. ANYBODY HAVE QUESTIONS HERE? A MOTION TO APPROVE. MOVE TO APPROVE. I HEAR SECOND. SECOND. HAVE A MOTION AND A SECOND TO APPROVE THAT. A, B, AND C. ALL IN FAVOR PLEASE INDICATE BY SAYING AYE. AYE. AYE. THOSE OPPOSED LIKE SIGN. MOTION CARRIES. UH, THE NEXT [d. Consider approving the Marigold Meadows General Plan, being approximately 119.30 acres located south of FM 1942/Crosby Barber's Hill Road and west of North Main Street.] [e. Consider approving Marigold Meadows Section One Preliminary Plat, being approximately 52.90 acres located south of FM 1942/Crosby Barber's Hill Road and west of North Main Street.] [f. Consider approving Marigold Meadows Section Two Preliminary Plat, being approximately 29.00 acres located south of FM 1942/Crosby Barber's Hill Road and west of North Main Street.] [g. Consider approving Marigold Meadows Model Home Park Preliminary Plat and Street Dedication, being approximately 4.70 acres located south of FM 1942/Crosby Barber's Hill Road and west of North Main Street.] [00:10:01] FOUR ITEMS, FOUR. D, E, F, AND G ARE ALL SO THE SAME AREA. A D WOULD BE CONSIDER APPROVING MARIGOLD MEADOWS GENERAL PLAN BEING APPROXIMATELY 119.30 ACRES LOCATED SOUTH OF FM 1942 CROSBY, BARBERS HILL ROAD AND WEST OF NORTH MAIN STREET. HE WOULD BE CONSIDER APPROVING MARIGOLD MEADOWS. SECTION ONE. PRELIMINARY PLAT BEING APPROXIMATELY 52.90 ACRES LOCATED SOUTH OF FM 1942 CROSBY, BARBERS HILL ROAD AND WEST OF NORTH MAIN STREET F. CONSIDER APPROVING MARIGOLD METAL. SECTION TWO. PRELIMINARY PLAT BEING APPROXIMATELY 29 ACRES LOCATED SOUTH OF FM 1942 CROSBY, BARBERS HILL ROAD AND WEST OF NORTH MAIN AND G. CONSIDER APPROVING MARIGOLD MEADOWS MODEL HOME PRELIMINARY PLAT STREET DEDICATION BEING APPROXIMATELY 4.70 ACRES LOCATED SOUTH OF FM 1942 CROSBY, BARBERS HILL ROAD AND WEST OF NORTH MAIN STREET. OKAY FOR THIS ONE, THE CITY HAS ENTERED INTO AN AGREEMENT WITH FOUR STAR GROUP INC. AND THE GENERAL PLAN, AS YOU CAN SEE HERE, CONSISTS OF A RESIDENTIAL SUBDIVISION FOR SECTION ONE, THE SEATING ID DOES NOT EXIST. FOR SECTION ONE, THE APPLICANT IS PROPOSING THIS SUBDIVISION, WHICH WOULD CONSIST OF 106 LOTS, EIGHT BLOCKS AND 12 RESERVES. SECTION TWO, THE APPLICANT IS PROPOSING 133 LOTS, SEVEN BLOCKS AND EIGHT RESERVES FOR THE MODEL PARK AND STREET DEDICATION, THE APPLICANT IS PROPOSING 10 LOTS, ONE BLOCK AND TWO RESERVES. ITEMS FOUR D THROUGH G HAVE BEEN REVIEWED BY THE DEVELOPMENT REVIEW COMMITTEE, WHICH FOUND THAT ALL OF THE APPLICATIONS ARE IN CONFORMANCE WITH THE COURT OF ORDINANCE AS WELL AS WITH THE DEVELOPMENT AGREEMENT. STAFF RECOMMENDS APPROVAL OF ITEMS FOUR D THROUGH G STAND FOR ANY QUESTIONS, QUESTIONS OR COMMENTS? COMMISSIONERS TO HEAR A MOTION TO APPROVE. MOTION TO APPROVE. THANK YOU MITCHELL. DO I HEAR A SECOND? SECOND. THANK YOU JEFF. UH, ALL IN FAVOR PLEASE INDICATE BY SAYING AYE. AYE. THOSE OPPOSED LIKE SIGN. MOTION CARRIES. UH, WE ARE SIMILAR [h. Consider approving Sterling Point Section Six Preliminary Plat, being approximately 22.11 acres located west of Garth Road, between East Wallisville Road and Barbers Hill Road.] [i. Consider approving Sterling Point Section Seven Preliminary Plat, being approximately 26.60 acres located west of Garth Road, between East Wallisville Road and Barbers Hill Road.] [j. Consider approving Sterling Point Section Eight Preliminary Plat, being approximately 26.06 acres, located West of Garth Road, between East Wallisville Road and Barbers Hill Road.] [k. Consider approving Sterling Point Section Nine Preliminary Plat, being approximately 51.80 acres located west of Garth Road, between East Wallisville Road and Barbers Hill Road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l. Consider approving Bayten Mixed Use Preliminary Plat, being approximately 140.49 acres located at 6700 Interstate Highway 10.] L CONSIDER APPROVING BAY 10 MIXED USE. PRELIMINARY PLAT BEING APPROXIMATELY 104.49 ACRES LOCATED AT 6,700 INTERSTATE HIGHWAY 10. UM, I'D HAVE TO APOLOGIZE THIS, THIS ONE I DID NOT GET, UM, A PICTURE UP ON THE SCREEN FOR YOU, BUT IT IS AS, AS STATED BY THE CHAIRPERSON THAT IT IS 140 ACRES. IT'S RIGHT, UM, EAST OF CROSBY, CEDAR BAYOU ROAD. THIS IS ACTUALLY ONE OF THE, IS THE SECOND, UM, PLAN UNIT DEVELOPMENT WITHIN THE CITY. UH, THIS GOT APPROVED AS A PLAN UNIT DEVELOPMENT, UH, A COUPLE MONTHS AGO. THIS IS GOING TO BE A DEVELOP A MIXED USE DEVELOPMENT THAT'S GONNA HAVE COMMERCIAL ALONG I 10. AND THEN ALSO THERE'S GOING TO BE SOME MIDDLE HOUSING THAT THEY'RE GONNA BE DOING THAT THEY'RE GONNA HAVE, UM, ATTACHED AND DETACHED TOWN HOMES WITHIN HERE AND ALSO SINGLE FAMILY RESIDENTIAL DEVELOPMENT ALL WRAPPED AROUND A VERY LARGE, UH, DETENTION POND AS AN AMENITY POND WITH, UH, SOME HIKING TRAILS THAT ARE ALL GONNA CONNECT TO OUR TRAIL SYSTEM WITHIN THE CITY. UM, SO THIS IS, THIS IS THEIR FIRST, UM, BASICALLY THE FIRST BLUSH ON THIS PARTICULAR, UH, DEVELOPMENT. THEY ARE, THEY ARE STARTING OUT WITH VERY LARGE LOTS. THEY'RE GONNA BE COMING BACK IN TO REPL THOSE AREAS. THEY JUST WANNA START ON THE INFRASTRUCTURE WITH THIS IS WHAT WILL GIVE THEM THE OPPORTUNITY TO START THAT INFRASTRUCTURE. THIS HAS MET ALL THE OTHER CODE, CODE OF ORDINANCES REQUIREMENTS AND STAFF RECOMMENDS APPROVAL. I'D LIKE TO ANSWER ANY QUESTIONS THAT YOU HAVE. ANY, ANYONE HAVE QUESTIONS OR COMMENTS? THANK YOU, NATHAN. THANK YOU. DO I HEAR A MOTION TO APPROVE? MOTION TO APPROVE. SECOND. SECOND. HAVE A MOTION AND A SECOND. AND ANY OTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE. THOSE OPPOSED LIKE, SIGN MOTION CARRIES ITEM [a. Consider making a recommendation and preparing a report concerning a proposed amendment to the official zoning map to rezone approximately 4.5 acres generally located north of Cedar Bayou Road and east and west of Fanestiel Road from a Mixed residential at low to medium densities (SF2) zoning district and Neighborhood serving commercial (NSC) zoning district to a General commercial (GC) zoning district.] FIVE A, CONSIDER MAKING A RECOMMENDATION, PREPARING A REPORT CONCERNING PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 4.5 ACRES. GENERALLY LOCATED NORTH OF CEDAR BIO ROAD AND EAST AND WEST OF FANTASY STEEL ROAD FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES ZONING, DISTRICT, NEIGHBORHOOD SERVING COMMERCIAL NSC ZONING DISTRICT TO GENERAL COMMERCIAL GC ZONING DISTRICT. THIS IS NOT A PUBLIC HEARING, BUT IF WE HAVE ANY COMMENT ONCE MARTIN'S FINISHED WITH HIS PORTION, UH, WE WILL CONSIDER THOSE. UM, THANK YOU AGAIN, MARTIN SCRIBNER FOR PLANNING AND DEVELOPMENT SERVICES. UM, IF YOU'LL REMEMBER, THIS IS THE THIRD TIME WE'VE SEEN THIS ONE. SO WE DID HAVE THE HOLD THE TWO PUBLIC HEARINGS IN THE, IN, UH, JUNE AND MAY. AND IN JUNE THERE WAS, UM, SOME RELUCTANCE BY THE BOARD TO, UH, MAKE A FINAL DECISION. SO, UH, ONE OF YOUR COMMISSIONERS, UH, COMMISSIONER WALTERS DID HAVE ADDITIONAL QUESTIONS, WHICH HE ASKED ME, UM, THROUGH EMAIL IN BETWEEN. AND I'M GONNA PASS ALL THAT INFORMATION ALONG TO YOU TONIGHT. UM, WHAT, WHAT QUESTIONS WERE ASKED AND WHAT THE ANSWERS WERE. UM, FIRST THOUGH, I'M GONNA GIVE YOU JUST A QUICK, UH, REFRESHER ON WHAT, WHAT ARE WE TALKING ABOUT TONIGHT? SO AGAIN, THIS IS FIVE LOTS, UM, ALONG CEDAR, THE NORTH SIDE OF CEDAR BAYOU ROAD, UH, JUST WEST OF NORTH ALEXANDER DRIVE. AND, UH, IT ACTUALLY ALSO STRADDLES, UH, SILL ROAD, AS YOU CAN SEE ON THE SCREEN. NOW, CURRENT ZONING OF THESE PROPERTIES IS NSC, WHICH IS NEIGHBORHOOD SERVING COMMERCIAL EXCEPT FOR THE BACK. THE VERY, YOU CAN SEE THIS YELLOW HERE. THE, THE VERY BACK STRIP OF THESE THREE PROPERTIES IS ALSO THAT YELLOW, WHICH IS SF TWO SINGLE FAMILY. UM, AND THE REQUEST IS TO GO TO GC, WHICH IS GENERAL COMMERCIAL. YOU CAN SEE THAT ACROSS, UH, CEDAR BAYOU ROAD IS MOSTLY RESIDENTIAL, UH, SURROUNDING IT TO THE WEST. AND THE NORTH IS MOST, IS ALL RESIDENTIAL TO THE EAST IS, UH, COMMERCIAL, IT'S GENERAL COMMERCIAL. AND THEN WE ALSO HAVE THAT PURPLE, WHICH IS, UM, MIXED USE, UH, WHICH KIND OF ALLOWS A LITTLE BIT OF EVERYTHING. THE FUTURE LAND USE MAP DOES SHOW, UM, GENERALLY, UH, THAT, THAT PART OF IT, UM, CAN BE PLANNED [00:20:01] FOR A COMMERCIAL CORRIDOR. AND THEN PART OF IT FOR LOW MEDIUM DENSITY RESIDENTIAL. REMEMBER THAT THE FUTURE LAND USE MAP, THOSE LINES ARE ALMOST NEVER STRAIGHT AND, YOU KNOW, NICE CLEAN EDGES LIKE, LIKE THE MAP SHOWS US. SO REMEMBER, THOSE EDGES ARE MEANT TO FLOW A LITTLE BIT AS WE KIND OF SEE WHERE THINGS ARE GOING, UH, IN THE FUTURE. SO THERE'S MEANT TO BE A LITTLE BIT OF, OF FLEXIBILITY THERE. UM, THIS IS THE PROPERTY ITSELF AS OF A COUPLE OF MONTHS AGO. YOU CAN SEE THAT THERE IS, THIS IS ONE OF THE PROPERTIES, UM, THIS IS WHERE THE DENTAL OFFICE IS, UM, WHERE, UH, OUR APPLICANT, DR. WORCESTER IS, HAS HIS, HAS HAD HIS PRACTICE FOR, UH, SOME TIME. AND WHAT I'D LIKE TO DO AT THIS TIME BEFORE I GO INTO THOSE QUESTIONS IS I'D LIKE TO, WE HAD SOME PHOTOGRAPHS UP HERE LAST MONTH AND I, I'M NOT SURE THEY DID THE BEST JOB OF, OF, UM, KIND OF PROVIDING THAT SNAPSHOT OF, OF GOING THROUGH THAT AREA. SO WHAT I'D LIKE TO DO IS TAKE, UM, GOOGLE STREET VIEW, AND YOU CAN SEE RIGHT HERE THE, THE PROPERTIES THAT WE'RE TALKING ABOUT ARE FROM HERE OVER TO HERE. AND WE'RE JUST GONNA KIND OF DRIVE DOWN THAT ROAD AND SEE WHAT THERE IS TO SEE. IF YOU HAVEN'T BEEN DOWN THAT ROAD, I THINK THIS GIVES A PRETTY GOOD, UH, IDEA OF WHAT IT IS WE'RE TALKING ABOUT. MAKE SURE I'M GOING DOWN THE RIGHT ROAD HERE. OKAY, SO THAT'S, THIS IS ALEXANDER, RIGHT? THIS IS RIGHT AT THE CORNER OF ALEXANDER AND CEDAR BAYOU. YOU CAN SEE THAT THERE IS A, UH, SOME COMMERCIAL ON THE CORNER HERE AND THERE'S A COMMERCIAL ON BOTH CORNERS AT CEDAR BAYOU. SO LET'S HEAD DOWN TOWARDS THE PROPERTIES WE'RE TALKING ABOUT. MUST HAVE BEEN A HAZY DAY THAT DAY, I GUESS. UM, IT LOOKS LIKE, UH, SO, UH, ADDITION, UH, INITIALLY ON THE RIGHT HAND SIDE, ON THE NORTH SIDE OF CEDAR BAYOU, YOU SEE IT'S PRETTY WOODED. UM, IT'S, AND ON THE, UH, SOUTH SIDE, UM, THERE'S SOME RESIDENTIAL WITH WHAT LOOKS TO BE A LITTLE BIT OF, UM, THERE MIGHT BE A, UH, COMMERCIAL GARAGE OF SOME SORT THERE. SO AS WE KIND OF GO DOWN THE ROADWAY, YOU CAN SEE ON THE LEFT HAND SIDE IS, IS, UH, UH, FAIRLY DECENT HOUSING HERE. SINGLE FAMILY RESIDENTIAL, I SHOULD SAY FAIRLY DECENT. IT'S FAIRLY UP TO DATE. UM, AND AGAIN, HERE IS THE DENTIST OFFICE ON THE RIGHT HAND SIDE. AND WE'LL KEEP GOING THAT MOST OF THIS IS KIND OF OPEN, THERE'S NOT A LOT GOING ON. UM, AGAIN, ON THE SOUTH IS ALL RESIDENTIAL. AND THEN WE GET TO THE CORNER AT FICE STEEL, AND YOU'LL SEE AGAIN, THIS IS WOODED ON THE CORNER, BUT ON THE WEST SIDE OF FICE STEEL IS A, BASICALLY A SMALL, UM, WE'RE GONNA CALL IT A WAREHOUSE 'CAUSE WE'RE NOT, UH, IT, IT'S, IT'S A SMALL ONE, BUT IT, WE'RE NOT ENTIRELY SURE EXACTLY WHAT THEY DO IN THERE, BUT IT IS PART OF THE, UH, THE REZONE REQUEST. UH, HELEN MIGHT HAVE A BETTER IDEA THAN I DO. UM, SO YOU CAN SEE THAT THIS IS MAINLY A, UM, UH, A GC TYPE USE THAT WAS ALREADY, UH, THAT WAS ALREADY ALLOWED IN THIS AREA. NOW I'M NOT GONNA KEEP GOING. YOU COULD KEEP GOING DOWN HERE AND YOU'RE GONNA SEE SOME MORE OF THESE TYPES OF USES, KIND OF ALL THE WAY DOWN TO NORTH MAIN, UM, SPORADICALLY THERE. IT'S, IT'S, UH, IT'S DOTTED THROUGH THERE SO THAT, THAT NEXT PROPERTY LOOKS LIKE IS A HOME BEING BUILT, . AND THAT WOULD BE CORRECT. YEP. SO IT WAS A NEW HOME BEING BUILT. UH, I THINK THINK THERE'S A PROPERTY IN BETWEEN WHERE THE REZONE IS HAPPENING OR THAT MIGHT JUST BE A LARGE, NOW THAT DOES LOOK LIKE THERE'S A FENCE THERE. SO THERE'S A, A PROPERTY IN BETWEEN HERE. SO YES, YOU'RE CORRECT, THERE IS A, A HOME BEING BUILT AND THERE IS LARGELY, UM, THERE'S RESIDENTIAL ON BOTH SIDES HERE. UM, AND THE FURTHER DOWN YOU GO. SO AGAIN, THERE'S ANOTHER WHAT LOOKS TO BE, UH, UH, SOME SORT OF A EITHER STORAGE OR COMMERCIAL, UM, THAT IS AN AIR CONDITIONING HEATING, UM, BUSINESS. SO AGAIN, IT KIND OF, IT'S PEPPERED THROUGHOUT, UH, ESPECIALLY ON THE NORTH SIDE, DOWN TO NORTH MAIN. SO THAT SAID, I WOULD LIKE TO GO BACK TO THE POWERPOINT AND, UH, AGAIN, I MENTIONED, UM, COMMISSIONER WALTERS DID HAVE A FEW EXTRA QUESTIONS SINCE THE LAST MEETING. SO I'D LIKE TO PASS THAT INFORMATION ALONG TO YOU GUYS. AND I'M GONNA READ SOME OF MY ANSWERS JUST TO MAKE SURE THAT I, AGAIN, I WANT TO PASS ON THE, THE SAME INFORMATION. UM, I AM GONNA PARAPHRASE COMMISSIONER WALTER'S, UH, QUESTIONS SO THAT IT'S, I'M KIND SHORTHANDING IT. [00:25:01] UM, SO THE FIRST ONE WAS, IS DR. WOOTEN THE ONE THAT HAD THE PROPERTY CHANGED? UH, AGAIN, COMMISSIONER WALTERS, I ASSUMED THAT YOU MEANT KIND OF BACK IN THE DAY FROM A SINGLE FAMILY TO NSC TO NSC. CORRECT. OKAY. SO, UM, IT'S PRETTY TOUGH TO FIGURE OUT REALLY KINDA WHERE THAT HAPPENED BECAUSE IT HAPPENED SO LONG AGO. HAD SHOWS THE DENTAL OFFICE WAS BUILT IN 1981. UH, THE FULL ZONING HISTORY IS A LITTLE FUZZY, BUT WE KNOW THAT PRIOR TO THE ULDC REZONING IN 2013, THIS PROPERTY WAS ZONED MU, WHICH IS MIXED USE, AS WAS ALL OF THE AREA SURROUNDING IT. AND TO BE HONEST, A LOT OF THE CITY WAS ZONE MIXED USE TO KIND OF ALLOW FOR MAXIMUM FLEXIBILITY, BUT IT ALSO ALLOWED FOR MAXIMUM, UM, I GUESS CONFLICT BETWEEN USES, UH, LET'S SEE, IT ALLOWED FOR VERY WIDE VARIETY OF USES INCLUDING MEDICAL, DENTAL OFFICE OR RETAIL OR RESIDENTIAL, ET CETERA. UH, I KNOW THAT BECAUSE MU ALLOWED SUCH A BROAD VARIETY OF USES, THE CITY TRIED TO MINIMIZE THE USE OF THAT DISTRICT IN THE ZONING MAP THAT ACCOMPANIED THE ULDC. UH, SO I IMAGINE THEY EXAMINED THE USES THAT EXISTED IN THAT AREA AND THEY MADE A JUDGMENT CALL ON WHAT DISTRICT MATCHED UP BEST TO THE EXISTING USE. SO THEY WOULD SEE A HOUSE OR THEY WOULD SEE COMMERCIAL AND SAY, OKAY, THEN AS WE BRING IN THE ULDC, IT MAKES THE MOST SENSE WHERE WE HAVE SORT OF CLUSTERS OF THESE USES, WE'LL MAKE IT SO ALEXANDER BECAME ALL GENERAL COMMERCIAL BECAUSE IT WAS ALREADY DEVELOPED THAT WAY. UM, AGAIN, THAT'S AN ASSUMPTION I MAKE BECAUSE, UM, NONE OF THE PLANNERS WERE HERE WHEN, WHEN THAT WAS GOING THROUGH. UM, THEREFORE, NSC MADE THE MOST SENSE FOR THESE PROPERTIES AT THE TIME. UH, NOTHING ABOUT THIS HISTORY REALLY TELLS US THAT ANYONE MADE A SPECIFIC REQUEST FOR ZONING MAP AMENDMENT PRIOR TO THE ULDC CHANGE. UM, THE NEXT QUESTION WAS, ARE THE OTHER PROPERTY OWNERS PARTY TO THE ZONING CHANGE? UM, SO ANYTIME A REZONE IS INITIATED BY ANYONE EXCEPT IF THE CITY INITIATES IT, UM, ALL PROPERTY OWNERS HAVE TO GIVE CONSENT TO DO SO. SO PERMISSION FOR ONE PERSON TO MAKE APPLICATION TO REZONE ALL THE PROPERTIES INVOLVED IS COMMON. AND THAT WOULD BE IN THE FILE. UH, IF IT WASN'T, WE WOULDN'T HAVE LEGAL AUTHORITY TO HOLD THE PUBLIC HEARING. SO WE, WE HAVE DONE THAT, WE DO HAVE THAT, UH, ON FILE. UH, WHY WOULD THE CITY PLAN TO PROPOSE TO CHANGE A ZONING DISTRICT FOR THE BENEFIT OF ONE PERSON? WHY IS CITY PLANNING SO STRONGLY FOR THIS? SO FIRST AND FOREMOST, UM, CITY PLANNING ISN'T SORT OF, WE'RE NOT ADVOCATING REALLY ONE STRONGLY, ONE WAY OR THE OTHER. WE'RE MERELY KINDA LOOKING AT THE CRITERIA AND GOING THROUGH AND JUST ANALYZING BASED ON THOSE CRITERIA. UM, SO THAT THIS ONE I'M GONNA, I'M GONNA READ, UM, THIS REZONE WAS NOT INITIATED BY THE CITY. UH, THIS WAS INITIATED BY THE PEOPLE WHO OWN THE FIVE PROPERTIES IN QUESTION. THE CITY DOES NOT HAVE A STAKE IN THIS REQUEST, AND CITY STAFF IS NOT STRONGLY FOR OR AGAINST THE REZONE APPLICATION. WE MERELY EVALUATE THE REQUEST AGAINST THIS CRITERIA PROVIDED BY CODE AND MAKE A RECOMMENDATION BASED ON THOSE CRITERIA AND BY THE COMPREHENSIVE PLAN. UH, AS YOU KNOW, MUCH OF THAT EVALUATION IS FAIRLY SUBJECTIVE. MANY TIMES THERE ARE NOT HARD EDGES TO WHERE WE DRAW THE REAL LIFE LINE ON LAND USES, AS I MENTIONED WITH THE FUTURE LAND USE MAP. SO STAFF DOES THEIR BEST TO BE IMPARTIAL AND IMPLY KNOWLEDGE CONSISTENTLY. UH, IN THIS CASE, THE AREA ALONG THE NORTH SIDE OF CEDAR BAYOU FROM ALEXANDER TO THE WEST SIDE OF FEIST STEEL IS ALREADY ZONED IN A COMMERCIAL MANNER. THE PROPERTY THAT IS FURTHEST WEST IS RELATIVELY NEW AND IN GOOD SHAPE. SO IT'S UNLIKELY THAT THAT USE IS GOING AWAY ANYTIME SOON. CONSIDERING THE SIZES OF THE EXISTING LOTS AND THE ADDITIONAL LOT RESTRICTIONS IMPOSED BY THE GC ZONE, IT IS UNLIKELY THAT ANY USES ALLOWED BY GC ARE GONNA BE LARGE ENOUGH TO MAKE A BIG IMPACT ON THE EXISTING PROPERTIES THAT WOULDN'T ALREADY BE FELT BY THE EXISTING ZONING OF NSC. UM, SO THAT SAID, THE OTHER QUESTION WAS WHAT IS ALLOWED IN A GENERAL COMMERCIAL DISTRICT? SO I'M GONNA SHOW YOU A TABLE, HOPEFULLY YOU GUYS CAN READ THAT AT YOUR SEATS. UM, WHAT YOU'RE LOOKING AT IS THE USE TABLE THAT IT ONLY COMPARES, UH, WHAT IS ALLOWED IN NSC AND GC IF IT HAS A P THAT IS PERMITTED BY RIGHT AND PC IS PERMITTED, BUT YOU HAVE TO MEET SOME ADDITIONAL CONDITIONS, WHICH I DIDN'T INCLUDE, UH, IN HERE TONIGHT. SO THE ONES THAT ARE HIGHLIGHTED IN THAT KIND OF LIGHT ORANGE COLOR, THOSE ARE THE USES THAT WILL BE ALLOWED BY GC THAT ARE NOT CURRENTLY ALLOWED BY NSC. SO YOU CAN GET A PRETTY GOOD SNAPSHOT. WHAT ARE WE TALKING ABOUT? UM, ANIMALS, AUTO BODY SHOP, VEHICLE REPAIR, THAT'S NON-COMMERCIAL VEHICLE REPAIR. UM, BUILDING HEATING, PLUMBING, UH, GENERAL CONTRACTOR. UM, THE ONE THAT SAYS DWELLING UNIT AS YOU GET TO THAT, THAT NEXT [00:30:01] ORANGE BLOCK THAT IS DWELLING UNIT IN ADDITION TO LIKE, UM, IN ADDITION TO SOME SORT OF A, A COMMERCIAL USE, UM, ENTERTAINMENT FACILITIES, YOU COULD HAVE A BAR, UH, OR A LOUNGE EQUIPMENT, SALES RENTAL FACILITIES. YOU COULD HAVE A MOTEL, UM, FUNERAL HOME, UH, GROUP HOUSING, WHICH GROUP HOUSING IS ALLOWED IN A LOT OF DIFFERENT AREAS. HOMELESS SHELTER, HOTEL, UH, LIVE OUTDOOR EXHIBITIONS, SOME LIGHT MANUFACTURING HOSPITALS, UH, COMMERCIAL PARKING REC, UH, RV PARK. UM, YOU COULD HAVE A BIG BOX RETAIL, WHEREAS NOW THE NSC YOU CAN'T, UM, AGAIN, A LOT OF THESE ARE GONNA BE LIMITED BY THE SIZE OF YOUR, OF YOUR LOT. OBVIOUSLY BIG BOX ISN'T GONNA GO ON ONE OF THESE LOTS. UM, SELF STORAGE SUPPLY HOUSES, UH, TELECOMMUNICATIONS FACILITIES, TRAVEL CENTER, TRUCK STOP VEHICLE AND BOAT SALES WAREHOUSES AND WHOLESALE TRADE. AGAIN, YOU'RE GONNA SEE THOSE ARE ALL THE ORANGE ONES AND YOU CAN SEE THAT ALMOST ALL OF THEM HAVE THAT PC, WHICH MEANS THERE WERE ADDITIONAL CONDITIONS, WHICH IT MIGHT BE ADDITIONAL BUFFERING, IT MIGHT BE. UM, AND THERE MIGHT BE SOME SIZE RESTRICTIONS, THINGS LIKE THAT. AGAIN, IT'S ALL SPECIFIC TO THOSE USES. AND IT'S IN A WHOLE NOTHER TABLE THAT'S ABOUT 60 LINES, I THINK. SO I I DIDN'T BRING THAT UP TONIGHT. SO IF I COULD INTERJECT FOR JUST ONE SECOND, MARTIN, IS THAT, FOR EXAMPLE, LIKE A RECREATIONAL VEHICLE VEHICLE PARK THAT OBVIOUSLY SPARKS YOUR INTEREST TO SAY WHY WOULD YOU WANT AN RV PARK RIGHT THERE? BUT THE, THE, THE PERMITTED WITH CONDITIONS FOR THAT PARTICULAR ONE, THAT PARTICULAR LAND USE IS THAT YOU HAVE TO HAVE A MINIMUM OF FIVE ACRES FOR YOU TO EVEN PUT AN RV PARK ON A PIECE OF PROPERTY. SO SOME OF THE CONDITIONS ARE VERY EXPLICIT WHEN IT COMES DOWN TO WHAT YOU CAN AND CANNOT DO. AND AS MARTIN SAID BEFORE, IS THAT BECAUSE OF THE DEPTH OF THE LOBSTER AND THE SIZE OF THE PROPERTY THAT YOU'RE DEALING WITH, IT WILL LIMIT THE AMOUNT OF, UH, TYPES OF USES OR THE INTENSE TYPES OF USES THAT CAN GO THERE. THANKS NATHAN. UM, SO ADDITIONALLY, UM, IN MY EMAIL BACK TO COMMISSIONER WALTERS, UM, I REMINDED HIM, AND WE WILL REMIND YOU AS WELL, UH, IF YOU OR ANY OF THE OTHER P AND Z MEMBERS DISAGREE WITH STAFF'S OPINION, UM, REMEMBER THAT IS PART OF YOUR PREROGATIVE. THAT IS PART OF YOUR, UM, THE, THE PROCESS THAT HAPPENS HERE. WE MAKE OUR RECOMMENDATION BASED ON WHAT WE KNOW, AND THEN IT'S UP TO YOU TO KIND OF DO YOUR THING. AND THEN OBVIOUSLY AT THE END OF THIS, IT GOES TO CITY COUNCIL. CITY COUNCIL MAKES THE THE FINAL, UM, THE FINAL CALL ON THIS BECAUSE IT'S A LEGISLATIVE ACT. SO, UM, STAFF OVERALL, AGAIN, IT IT, WE'RE NOT TRYING TO SWAY YOUR, YOUR DECISION ONE WAY OR ANOTHER OTHER THAN TO GIVE YOU THE INFORMATION THAT YOU NEED TO MAKE THAT DECISION IN AN INFORMED MANNER. SO, UM, SO THAT, THAT'S REALLY, UM, AS WE GIVE YOU OUR PROFESSIONAL OPINION, UM, AGAIN, YOU KNOW WHAT TO DO. UM, AND REZONES, I AM GONNA KIND OF REMIND EVERYBODY, THERE'S RARELY A CLEAR YES OR NO WHEN IT COMES TO REZONES. UM, THERE, YOU, I'M SURE ANY OF YOU'VE BEEN ON THE, THE COMMISSION FOR MORE THAN A, A FEW MONTHS UNDERSTANDS THAT THE MORE YOU SEE THESE, THEY'RE USUALLY A LITTLE ON THE FUZZY SIDE. THEY, WHEN WE GET ONE THAT'S VERY CLEAR, THOSE STAFF IS LIKE, YES, WE GOT AN EASY ONE. THEY'RE RARELY THAT EASY. SO, UM, THAT SAID, UM, COMMISSIONER WALTERS, DID I ANSWER ALL YOUR QUESTIONS TO YOUR, UM, SATISFACTION? YES. OKAY. SO THAT SAID, I'M HAPPY TO ANSWER ANY OTHER QUESTIONS, BUT WE DIDN'T HAVE ANY OTHER NEW INFORMATION TO PROVIDE TO YOU TONIGHT THAT WASN'T PROVIDED THE LAST TWO MONTHS QUESTION, SINCE WE DON'T SEE MUCH NSC, IS SINGLE FAMILY HOME PERMITTED IN NSC? I DO NOT BELIEVE IT IS. SO ALL THAT UNUSED PROPERTY RIGHT NOW COULD NOT BE USED FOR SINGLE FAMILY HOME? THAT IS CORRECT. DO WE KNOW WHAT THEY'RE PROPOSING TO, TO DO HERE? UH, I WOULD DEFER TO THE APPLICANT ON THAT, BUT I BELIEVE THEY'RE, I DON'T THINK THERE'S ANYTHING SPECIFIC THAT'S BEING, UH, PROPOSED THERE RIGHT NOW. I THINK, UM, DR. WOOTEN IS JUST TRYING TO SELL THE LAND. SO IT'S, IT'S UM, YOU KNOW, PERSPECTIVE AT THIS POINT. SO THAT SAID, IT COULD BE ANY OF THE ITEMS THAT COULD MEET THE CRITERIA FOR, FOR THAT PROPERTY, RIGHT WHEN YOU WERE SHOWING THE PHOTOS EARLIER MM-HMM . UH, LIKE THE HOUSE THAT WAS UNDER CONSTRUCTION, THAT ONE'S BEEN COMPLETED. ANOTHER ONE'S BEING BUILT NEXT DOOR, UH, DOWN THE STREET BESIDE IT. BEHIND IT. THERE'S ALL NEW CONSTRUCTION. IT'S ALL SINGLE FAMILY RESIDENCE. UM, YOU HAVE THAT BAR ON THE CORNER OF ALEXANDER ALEXANDER DRIVE. IT'S GENERAL COMMERCIAL. I MEAN, THAT'S WHAT IT'S FOR. UH, WHEN YOU GO [00:35:01] DOWN THIS STREET, YOU'RE AFFECTING OTHER PEOPLE'S LIVES THAT HAVE LIVED THERE FOR MANY, MANY YEARS. UH, IT'S JUST NOT SOMETHING I'D RECOMMEND THE CITY TO APPROVE AT ALL. CAN I ASK A QUESTION? YES. OKAY. CAN THIS PROPERTY NOT BE REDESIGNED FOR SINGLE FAMILY? UM, THE REQUEST BEFORE YOU TONIGHT IS TO IS TO REZONE TO GENERAL COMMERCIAL. UM, THEY COULD HAVE REQUESTED TO REZONE TO ANYTHING. SO THE ANSWER TO YOUR QUESTION IS YES, BUT THAT'S NOT, THAT'S NOT WHAT WE'RE UNDERSTOOD WHAT WE'RE HERE TO DO. GOTCHA. THANK YOU MARTIN. SO, SO AS IT STANDS, IF NO CHANGE WAS MADE, REALLY THE ONLY USE FOR THAT UNDEVELOPED PROPERTY IS LIMITED, GENERAL COMMERCIAL OR RETAIL? IT WOULD BE, WELL SINCE IT'S STILL ON THE SCREEN, IT WOULD BE LIMITED TO ALL THE USES THAT ARE IN WHITE. ALRIGHT. ANY OTHER QUESTIONS? IF I MAY? UM, CAN YOU HEAR ME? YES. YES. OKAY. THANK YOU. UM, THE REASON I VOTED FOR MOVING THIS FORWARD LAST MONTH WAS SO THAT WE DIDN'T BELABOR IT ON BEHALF OF THE RESIDENTS ANOTHER MONTH. AND BECAUSE OF A COUPLE OF, UM, THINGS THAT WERE JUST MENTIONED, UM, ONE THE PARCELS TOGETHER, UM, I A APOLOGIZE. SO THERE'S THAT. AND THE NEIGHBORHOOD IS KIND OF PEPPERED WITH COMMERCIAL USES THAT ARE GRANDFATHERED IN, UM, WHICH IS WHY I GO ALONG WITH THE CITY'S RECOMMENDATION. AND THEN LASTLY, ULTIMATELY THE CITY COUNCIL PERSON THAT'S RESPONSIBLE FOR THIS NEIGHBORHOOD WILL ULTIMATELY VOTE FOR HIS OR HER, UM, FAVOR ON BEHALF OF THE RESIDENTS THERE. THANK YOU. OTHER COMMENTS OR QUESTIONS? COMMISSIONERS? WE NEED APPROVAL A MINUTE. A MOTION TO APPROVE OR DENY TO DENY. A MOTION TO DENY. I'LL SECOND A MOTION TO DENY AND A SECOND. ANY FURTHER DISCUSSION? POINT, POINT OF CLARIFICATION. A YES VOTE MEANS NO TO THE REASON OF, AND I, I'M, I'M IN FAVOR OF DENYING THIS BECAUSE WE HEARD FROM QUITE A FEW LOCAL RESIDENTS AND SEEING THE DEVELOPMENT DOLLARS. RIGHT NOW, ALL THE DEVELOPMENT DOLLARS ARE GOING TOWARD RESIDENTIAL AND YOU ALL WON'T GIVE US THAT. SO I UNDERSTAND, BUT IT'S NOT A PIECE OF LAND THAT CAN'T BE USED. IT CAN BE USED FOR A VARIETY OF GENERAL COMMERCIAL AND I, I DON'T LIKE TO SEE LAND NOT BE ABLE TO BE USED. SO I'M, I'M HAPPY TO SEE THAT THERE ARE GOOD USES FOR THE LAND WITH NO CHANGE. SO THAT'S, THAT'S MY COMMENT. ANYBODY ELSE? GO AHEAD. I'M SORRY. I I JUST WANT TO, WHEN YOU SAY THAT THEY WON'T ALLOW, YOU'VE REQUESTED TO MAKE IT RESIDENTIAL AND THEY WON'T ALLOW IT, WE HAVE BEEN TOLD THAT THERE'S, EXCUSE ME. WE NEED, WE NEED YOU ON THE RECORD. PLEASE. CAN YOU COME? I'M CHARLOTTE, CAN YOU COME UP TO THE PODIUM PLEASE COME LOUD. SORRY, I WON'T BE ABLE TO HEAR YOU. SORRY. NO, THAT'S OKAY. UM, OUR DILEMMA IS THAT WE HAVE HAD THIS PROPERTY FOR SALE FOR SEVERAL YEARS. THE INQUIRIES THAT WE HAVE HAD FOR IT HAVE BEEN FOR RESIDENTIAL. WE HAVE BEEN TOLD, BECAUSE THERE IS COMMERCIAL ON EITHER SIDE OF THE TWO, ROUGHLY ONE ACRE LOTS THAT YOU, THE ZONING COMMISSION, THE CITY ONLY WANTS TO ZONE IN BLOCKS. AND CONSEQUENTLY THERE IS NO WAY FOR THOSE TWO, ROUGHLY ONE ACRE LOTS ON EITHER SIDE OF THE DENTAL OFFICE THAT YOU SAW AS VERY BEAUTIFULLY TREATED. AND THAT'S WHY THE NEIGHBORS WOULD LIKE TO SEE IT REMAIN EXACTLY AS IT IS. UM, WE'RE KIND OF IN AN IMPOSSIBLE DILEMMA. IT'S ONLY AN ACRE. THERE'S, YOU KNOW, VERY LITTLE THAT CAN GO THERE. UM, THERE'S A DESIRE FOR RESIDENTIAL OBVIOUSLY BY THE RESIDENTIAL NEIGHBORS IN THE AREA, BUT THAT IS NOT POSSIBLE. AND SO OUR ONLY OPTION THAT WE HAVE BEEN TOLD [00:40:01] IS BECAUSE ZONING IS DONE IN BLOCKS AND BECAUSE THERE IS ALREADY GENERAL COMMERCIAL WITHIN THAT BLOCK WAS FOR US TO REQUEST GENERAL COMMERCIAL. AND IS THAT CORRECT, NATHAN? WELL, I WOULD SAY THAT THERE IS, THERE IS TRUTH TO WHAT SHE'S SAYING, BUT I WOULD ALSO SAY THAT THERE, I THINK THE, THE FUTURE LAND USE PLAN GIVES US AN OPPORTUNITY TO, TO LOOK AT RESIDENTIAL DUE TO THE FACT THAT, YOU KNOW, IF YOU LOOK AT THE ZONING, UM, UH, MAP ON, ON THE SCREEN AT, AT RIGHT NOW IS THAT YOU CAN SEE RIGHT THAT THAT, UM, ABUTS NORTH ALEXANDER, IT'S ALL GENERAL COMMERCIAL, RIGHT? SO I THINK THERE IS AN OPPORTUNITY TO LOOK AT IT. BUT AGAIN, YOU'RE LOOKING, YOU WERE, WE WERE LOOKING AT UM, NOT ONLY JUST THEIR PROPERTY BUT ALL THE OTHER PROPERTIES THAT WERE INCLUDED THERE. AND SINCE IT WAS ALREADY IN A COMMERCIAL TYPE OF USE, I CAN'T REMEMBER EXACTLY WHAT WE ALL SAID TO THEM OVER THE YEARS BECAUSE WE'VE TALKED ABOUT A WHOLE BUNCH OF DIFFERENT THINGS. I THINK THE HIGHEST AND BEST USE OF THE LAND WAS WHAT WAS DISCUSSED. AND THEN IT EVENTUALLY IT CAME TO BE THAT, UM, GENERAL COMMERCIAL WAS THE WANT AND NEED BECAUSE IT'S BEEN UNDER SALE FOR NEIGHBORHOOD SERVING COMMERCIAL FOR HOW LONG, MA'AM? THREE YEARS. THREE YEARS, RIGHT? MM-HMM . SO I THINK THERE WAS A, THERE WAS A WANT AND THAT WANT CAME OUT TO BE GENERAL COMMERCIAL. AND SO THAT WAS WHAT WAS DISCUSSED WITH THEIR REAL ESTATE, UM, PERSON AT THE TIME. SO I THINK WE COULD OH, I'M SORRY. GO AHEAD NATHAN. MAYBE I CAN HELP WITH THAT A LITTLE BIT. SURE. WHEN YOU LOOK AT THE ZONING MAP, SO AGAIN, THESE PROPERTIES ARE ALL ZONED AT NSC AND THE APPLICANT IS RIGHT? WE WOULD PREFER TO ZONE IN BLOCKS THAT, THAT IS ACCURATE. NOW, ORDINARILY WE WOULD SAY, OKAY, EVERYBODY KNOW WHAT SPOT ZONING IS, RIGHT? WE DON'T WANT TO HAVE THESE LITTLE SPOTS OF ZONING THAT ARE DIFFERENT FROM EVERYTHING AROUND IT. UM, BECAUSE THAT CREATES LONG TERM, THAT DOES CREATE ISSUES FOR THE USES THERE AND FOR THE DIFFERENT THINGS THAT ARE HAPPENING IN A PLANNING SENTENCE. SO WHEN WE'RE TALKING ABOUT THIS PROPERTY HERE, IT'S ADJACENT TO RESIDENTIAL. SO YOU WOULD INITIALLY LOOK AT THAT AND SAY, YOU PROBABLY COULD REZONE IT. AGAIN, THIS IS STAFF TALKING BECAUSE E EVENTUALLY CITY COUNCIL'S GONNA ASK TO MAKE THE CALL. UM, BUT YOU WOULD INITIALLY SAY THIS IS ADJACENT TO RESIDENTIAL. IN FACT THE BACK STRIP IS RESIDENTIAL, IT'S NOT BIG ENOUGH TO BUILD ANYTHING ON. UM, BUT YOU WOULD SAY, OKAY, WE COULD REZONE THAT TO RESIDENTIAL 'CAUSE WE WOULDN'T BE CREATING A SPOT ZONE FOR THAT PROPERTY. HERE'S THE RUG. THESE OTHER TWO PROPERTIES HERE WOULD STILL BE ZONED TO NSC. YOU'VE CREATED SPOT ZONING BY BY ZONING THIS TO RESIDENTIAL. SO THAT, AND, AND I WASN'T IN THE INITIAL CONVERSATIONS MM-HMM . BUT I WOULD IMAGINE THAT WAS PART OF THAT CONVERSATION WAS TO SAY, WELL, YOU KNOW, WE EXACTLY WE'RE ADJACENT BUT WE'RE CREATING OTHER, ANOTHER ISSUE BY DOING THAT. SO, UM, AGAIN, THAT, THAT, THAT WOULD BE IF YOU SAT DOWN WITH ME TODAY, THAT'S WHAT I WOULD TELL YOU. RIGHT. AND THEN IS IT, IS IT POSSIBLE THAT BOTH OF THOSE COMMERCIALS RIGHT NOW ARE, UM, EXISTING NON-COMPLIANT IN THE NSC ANYWAY? THAT THEY'RE NOT TRULY NSC? THIS ONE HERE ON THE WEST CORNER OF F STEEL AND CEDAR BAYOU, THAT'S THAT SMALL WAREHOUSE RIGHT. THAT I WAS SHOWING YOU. UM, THAT IS WE BELIEVE TO BE A NON-CONFORMING USE. RIGHT. BUT THEY WERE WITH THEIR GRANDFATHER BECAUSE I'M, I'M NOT SURE EXACTLY WHEN THAT WAS BUILT. UM, BUT THAT DOESN'T LOOK TO BE GOING AWAY ANY, ANYTIME SOON. THAT'S MY THINKING IS YOU HAVE A LOT OF NON-CONFORMING EXISTENCE BEFORE ZONING BEGAN. AND IT'S GONNA CONTINUE THAT WAY FOR A LONG TIME. AND I, I LIKE TO SEE PROPERTY DEVELOPED AND WITH RESIDENTIAL IN THE FRONT AND THE RESIDENTIAL IN THE REAR, I'D BE VERY INCLINED TO GRANT THAT RESIDENTIAL. AND I THINK THE REST OF THE COMMITTEE PROBABLY WOULD TOO. TO THE, YOU MEAN TO THOSE OTHER TWO PROPERTIES HERE? YES. PARTICULARLY THE TWO THAT DR. WOOTEN OWNS. YES. THE, THERE'S, AS HE, UM, TOOK YOU DOWN THE ROAD, IT'S THE TWO LOTS THAT SHOW TREES ALONG THE ROAD. YES. AND THEY'RE ROUGHLY EACH AN ACRE ON EITHER SIDE OF THE DENTAL OFFICE. BEAUTIFUL PIECE OF LAND. THEY ARE VERY BEAUTIFUL. TO BE CLEAR, THE APPLICATION IN FRONT OF YOU IS FOR ALL FIVE PROPERTIES. SO IT'S KIND OF ALL OR NOTHING FOR THE COMMISSION. IT'S THEIR SPECIFIC REQUEST TO DO THIS FOR ALL FIVE. CORRECT. ALL FIVE. 'CAUSE WE WERE TOLD IT HAD TO BE THAT WAY. IT HAD TO BE A BLOCK. SO IF WE DID NOT, SO WE WENT TO THE OTHER BUSINESS OWNERS AND BASICALLY THEY'RE ALREADY COMMERCIAL, GENERAL COMMERCIAL. AND SO THAT WAS KIND OF A NO BRAINER. WELL, YOU KNOW, WE'RE ZONED ONE WAY, BUT WHAT WE ARE IS SOMETHING DIFFERENT. AND IF THE CITY [00:45:01] SAYS NO SPOT ZONING, WELL YES, LET'S BE IN COMPLIANT, LET'S GET THE GC ZONING ZONING. I, I IT'S, SO TODAY'S RECOMMENDATION IS FOR THIS, IF WE DENY THIS, THEN SHE CAN TURN AROUND AND TRY TO BRING SOMETHING ELSE FORWARD WHERE THAT IS ZONED, UM, RESIDENTIAL AGAIN, IF, IF THE OTHER PROPERTY OWNERS ARE OKAY WITH THAT, THEN YES, THEY COULD PULL THEIR, THEIR, THEY COULD PULL THEIR, UM, APPROVAL OR THEIR CONSENT OF THAT APPLICATION. IF, SAY IF I OWNED A, A WAREHOUSE ON THE CORNER AND I DIDN'T WANT IT TO BE RE REZONED TO RESIDENTIAL, I WOULD TELL HER, NOPE, I'M NOT, I'M NOT THAT. AGAIN, I'M JUST SPEAKING FROM WHAT I'VE SEEN HAPPEN IN THE PAST. THEY, THEY COULD PULL THEIR CONSENT TO DO THAT. BUT AGAIN, WE'VE BEEN TOLD WE CANNOT SUBMIT A REQUEST FOR TWO SEPARATE LOTS WITH COMMERCIAL ON EITHER SIDE. YOU DON'T HAVE THREE, IS THAT CORRECT? UH, AGAIN, WE'RE, WE'RE, IT'S ABOUT THE SPOT ZONING. IT'S, WE'RE CREATING ISSUES IF WE DON'T DO THAT WHOLE JUMP. AND FORGIVE ME, MARTIN, I MEAN I WAS JUST THINKING, YOU KNOW, I'M THINKING OUT LOUD HERE. IT LOOKS LIKE THAT WHOLE STREET WAS SPOT ZONING AT ONE POINT IF YOU WERE TO COMPARE, RIGHT? UH, IT JUST WASN'T ZONED. YEAH. SO THE OTHER QUESTION I, OR A QUESTION I HAVE, DID I HEAR YOU CORRECTLY IN THAT THE ONLY OFFERS YOU'VE HAD WAS TO, FOR RESIDENTIAL USE, THE BIGGEST INQUIRIES WE HAVE HAD INITIALLY WE COULD HAVE SOLD THE PROPERTIES, YOU KNOW, SO IF YOU DID HAVE MR. COMBS HAD, YOU KNOW, SEVERAL REQUESTS TO SELL THOSE AS RESIDENTIAL. SO IN YOUR OPINION, IF YOU, IF IT WERE TO BE VOTED TO AND APPROVED TO BE RESIDENTIAL, YOU BELIEVE YOU COULD SELL IT? I BELIEVE WE COULD. I, YOU KNOW, NO ONE EVER REALLY KNOWS, BUT I BELIEVE WE COULD. OKAY. AND, AND IF I MAY, UM, OH, I HAVE ONE OTHER THING. I'M SORRY. THIS IS DONNA. IF I MAY THIS SHED SOME NEW LIGHT ON IT BECAUSE I THOUGHT THE REASON THE COMMERCIAL ZONING WAS BROUGHT BEFORE US IS BECAUSE THE SALE OF THE PROPERTY, THE HIGHEST AND BEST WAS, AND THE OFFERS THAT YOU WERE GETTING WERE FOR COMMERCIAL, BUT IF THE OFFERS YOU'RE GETTING ARE FOR RESIDENTIAL, THEN IT MAKES SENSE TO GO THAT WAY. WELL, OR, OR, OR TO USE THE LAND OR SELL IT AS NSC? UM, I'M SORRY, I DIDN'T MEAN TO INTERRUPT. I THOUGHT YOU WERE FINISHED. WE DON'T HAVE ANY OFFERS ON THE TABLE FOR RESIDENTIAL. THE INQUIRIES WERE WHEN THEY FIRST BECAME AVAILABLE. SO JUST TO CLARIFY THAT. OKAY. AND SO MY THOUGHT WAS, AND WHAT USUALLY HAPPENS IS WHEN OWNERS COME BEFORE US WITH LAND TO SELL, THEY USUALLY HAVE HAD A LOT OF INQUIRIES. FOR EXAMPLE, THE ONES WE DID ON NORTH MAINE YES. THAT WERE LIGHT INDUSTRIAL FOR A PARTICULAR USE. YES. AND IF YOUR INQUIRIES ARE NOT FOR GENERAL COMMERCIAL, THEN NOW I UNDERSTAND THAT YOU COULD, YOU WERE ASKED NOT TO BRING A SINGLE FAMILY OFFER BECAUSE IT WOULD AMOUNT TO SPOT ZONING. RIGHT. AND IN ADDITION TO THAT, UM, THE INQUIRIES THAT WE HAVE HAD FOR SOMETHING COMMERCIAL, WHETHER IT BE NEIGHBORHOOD SERVING COMMERCIAL OR GENERAL COMMERCIAL HAVE, BECAUSE AS THE GENTLEMAN PUT UP, IT'S SO LIMITING ON NEIGHBORHOOD SERVING COMMERCIAL. THE INQUIRIES HAVE BEEN FOR GENERAL COMMERCIAL, UM, AND WHAT MR. COMBS HAS RESPONDED TO WITH THOSE INQUIRIES FOR THOSE INDIVIDUALS THAT DO HAVE AN INTEREST IN DOING SOMETHING. GENERAL COMMERCIAL IS WHAT THE GENTLEMAN OVER HERE BROUGHT TO THEIR ATTENTION THAT THE CITY HAS SEVERAL GUIDELINES, RESTRICTIONS. I APOLOGIZE, I DON'T KNOW EXACTLY HOW TO REFER TO THEM. IT'S OKAY. BUT FOR THE NEIGHBORS FOR THE, THAT FIRST OF ALL ARE CHOOSING TO BUILD NEW HOMES, THOSE THAT HAVE BEEN THERE FOR MANY YEARS, UM, UH, THERE ARE SO MANY RESTRICTIONS TO WHAT COULD BE PUT ON ONE ACRE THAT IT'S HIGHLY UNLIKELY WITH THE GENERAL COMMERCIAL THAT IT WOULD BE TO A DETRIMENT TO THE COMMUNITY CONSIDERING ALL THE GENERAL COMMERCIAL ON MUCH LARGER LOTS THAT ALREADY EXISTS. RIGHT. I THINK THE UNFORTUNATE PART IS THAT YOUR BUSINESS WAS THE ONLY TRUE NSC BUSINESS IN THAT GROUP. THE OTHER TWO, THE OTHER TWO NON-CONFORMING USES DON'T BELONG IN A RESIDENTIAL SETTING OR AN NSC SETTING AT ALL. YES. BUT THEY ARE EXISTING NON-COMPLIANT AND WE'RE ALWAYS GONNA HAVE EXISTING NON-COMPLIANT. THAT'S WHY I SAY I THINK, I THINK THE THE BEST WIN-WIN FOR EVERYONE IS, IS TO DENY [00:50:01] THE REQUEST WE HAVE TONIGHT AND, AND HOPE THAT YOU'LL COME BACK TO US FOR CONVERSION TO RESIDENTIAL. AND JUST FOR YOUR INFORMATION, THE FIRST LOT CLOSEST TO ALEXANDER IS A RESIDENCE. THE NEXT LOT IS AN IS WOODED LOT. THE NEXT LOT IS A DENTAL OFFICE THAT HAS THE APPEARANCE OF A SINGLE FAMILY RESIDENCE WITH A GARAGE ON THE SIDE, ET CETERA. AND THEN THE NEXT LOT IS ANOTHER WOODED LOT IT. RIGHT. SO IT IT, IT CONFORMS MORE TO SINGLE FAMILY THAN IT DOES TO MM-HMM . TO TO COMMERCIAL. RIGHT. THE RESIDENTIAL THAT YOU'RE REFERRING TO THAT THE NEIGHBORS REFERRED TO IN, UM, PRESENTING THEIR CASE IS A VERY TEENY TINY HOUSE THAT, UM, WAS BUILT, I BELIEVE MAYBE BACK THIRTIES, BACK IN THE THIRTIES OR FORTIES. YES. IT'S VERY OLD AND IT'S BEEN RESIDENCE THERE FOR AND WE'VE BEEN TOLD BECAUSE IT'S ZONE NEIGHBORHOOD SERVING, UH, COMMUNITY, THEY CANNOT IMPROVE OR DO ANYTHING TO THAT STRUCTURE. UM, SO FOR IT TO BE GENERAL COMMERCIAL, IT COULD TIE THAT ONE BLOCK TOGETHER, WHICH AGAIN, UM, IS RIGHT OFF OF ALEXANDER AND CONGRUENT WITH THE EXISTING USE OF THE PROPERTY. IT'S, IT IS A, A QUANDARY, BUT UM, IT, AS IT IS, IS, UM, CREATING GREAT DIFFICULTY IN US BEING ABLE TO SELL THE PROPERTY, WHICH WE'RE RETIRED AND WE VERY MUCH WOULD LIKE TO DO. WE'VE BEEN MAINTAINING IT, UM, FOR OVER THREE YEARS SINCE WE SOLD THE DENTAL PRACTICE TO, UM, DR. JUICY. AND WE WOULD JUST LIKE TO BE ABLE TO MOVE ON FROM THAT. AND AS IT IS, IT'S NEARLY IMPOSSIBLE. MRS. WOOTEN, WHAT WOULD YOU LIKE TO SEE THE PROPERTY ZONED AS? OH GOLLY, THAT'S A REALLY TOUGH QUESTION. , YOU KNOW, EITHER OR THE LOTS ARE ONLY AN ACRE. THE GENERAL COMMERCIAL, IF SOMETHING COULD GO IN THERE WITH THE GUIDELINES OF THE CITY, I I DO NOT IN MY HEART BELIEVE THAT IT WOULD DETRACT FROM THE NEIGHBORHOOD FOR THOSE THAT HAVE PRIVATE RESIDENCES AND THEN FOR THE BUSINESSES THAT ARE ALREADY THERE, TO HAVE A SMALL TYPE OF, OF GENERAL COMMERCIAL ON EITHER SIDE OF THEM WOULD, WOULD FIT. SO I I I REALLY HESITATE IT, IT REALLY IS JUST A VERY ODD SITUATION THAT UNFORTUNATELY IS, IS, UM, KEEPING US FROM BEING ABLE TO MOVE FORWARD IN OUR RETIREMENT. I APPRECIATE THAT QUESTION VERY MUCH THOUGH. MAY I LIKE ONE COMMENT? JUST THANK YOU AS LONG AS IT'S PERMISSIBLE, I PROMISE. NOT REHASHING WHAT YOU DID LAST TIME TO YOUR DISSERTATION. , THE ONLY THING I WAS GONNA, BECKY BINS IS MY NAME. THE ONLY THING I'M GONNA SAY IS, AND FIRST OF ALL TWO COMMENTS, WE WOULD TOTALLY SUPPORT HER. I'M NOT SURE WHO TOLD YOU IT COULDN'T BE DONE RESIDENTIAL, BUT WE WOULD'VE BEEN HERE IN SUPPORT OF MAKING SURE THAT THEY WERE ABLE TO REZONE TO THAT PIECE. THE SECOND THING IS, IS THAT I'M GONNA REMIND YOU ONE COMMENT A BAR COULD BE BUILT ON THAT PROPERTY. THE DENTIST'S OFFICE RIGHT NOW RUNS A REGULAR BUSINESS DAY SCHEDULE. EIGHT TO FIVE PEOPLE GO HOME AND IT'S QUIET. WHAT HAPPENS WHEN THOSE PEOPLE GO HOME? EVERYBODY GOES TO THE BAR NEXT DOOR. AND SO THAT'S NOT SOMETHING THAT WE NEED ANOTHER ONE OF ACROSS THE STREET FROM US. WE ALREADY HAVE ONE. AND THAT'S THE ONLY THING THAT WOULD BE MY ONLY THING OTHER THAN TO SAY, I UNDERSTAND THE PROPERTIES ARE AN ACRE, BUT THERE ARE THINGS IN GENERAL COMMERCIAL THAT WOULD BE DETRIMENT TO, UM, OUR, OUR, OUR COMMUNITY, NEIGHBORHOOD COMMUNITY. AND IT WAS A HOME WITH A FARM WITH SHETLAND PONIES ON IT AT ONE TIME, THE PROPERTY THAT'S FOR SALE. SO THAT'S JUST LONG HISTORY. SO THANK YOU. THANK YOU, THANK YOU. THANK YOU BECKY. MS. WHITTON, YOU'RE FINISHED? YES, I AM. THANK YOU. THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SPEAK TO Y'ALL. THANK YOU. WE HAVE A MOTION AND A SECOND TO DENY THIS APPLICATION. REMEMBER THAT IF YOU VOTE YES, WE WILL DENY IT. IF YOU VOTE NO, WE WILL NOT DENY IT. SO ANY QUESTIONS ABOUT THAT? ALL IN FAVOR INDICATE BY SAYING AYE. AYE. I HANDS I CAN SHOW OF HANDS. MS. WINFREY, HOW DO YOU VOTE? I VOTE YES TO DENY IT'S UNANIMOUS. GIVE SIX. [00:55:06] OKAY. SO AS A REMINDER, THIS WILL THEN BE FORWARDED TO CITY COUNCIL WITH A RECOMMENDATION FOR DENIAL AND THEY WILL THEN, UH, HAVE TO MAKE THE THE FINAL DECISION ON THAT. THANK YOU. THANK YOU, MARK. MOVING ON TO FIVE B [b. Conduct the first public hearing concerning a request to amend the official zoning map to rezone approximately 3.0 acres located at 7300 E Interstate Highway 10 from Open space/recreation (OR) to General commercial (GC) zoning district. ] AND C OR BOTH PUBLIC HEARINGS AND I'LL READ THE PUBLIC HEARINGS TODAY OR BEING HELD FOR A PURPOSE OF GIVING AL INTERESTED PERSONS RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED PLANNING@BAGTOWN.ORG. PRIOR TO THE POSTED TIME OF THIS MEETING, EACH SPEAKER SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING. THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT INFORMATION. HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE. IF YOU'RE A GROUP OF PERSONS WISHING TO ADDRESS THE COMMISSION ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION. IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME. UH, THE FIRST IS FIVE B. CONDUCT THE FIRST PUBLIC HEARING CONCERNING A REQUEST TO AMEN THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 3.0 ACRES, LOCATED AT 7,300 EAST INTERSTATE HIGHWAY 10 FROM OPEN SPACE RECREATION OR TO GENERAL COMMERCIAL GC ZONING DISTRICT. AND NATHAN, YOUR OWN? YES MA'AM. UH, NATHAN DIETRICH WITH THE PLANNING DEVELOPMENT SERVICES DEPARTMENT. SO BASICALLY THE, THE LOCATION THAT WE'RE SPEAKING OF IS THE ONE THAT I AM MOVING THE CURSOR AROUND 7,300. BACK IN 2017, THIS PROPERTY AND ALONG WITH ALL THE PROPERTY TO THE, TO THE WEST OF THIS, UM, WAS, WAS BROUGHT INTO THE CITY, UH, M XANAX INTO THE CITY AND WAS GIVEN THE ZONING, UH, DESIGNATION OF OPEN SPACE RECREATIONAL. AT THIS PARTICULAR TIME, THE APPLICANTS AND THE OWNERS OF THE PROPERTY WANT TO MOVE FORWARD WITH THE DEVELOPMENT OF THE PROPERTY INTO ELECTRICAL SUPPLY STORE AND THEY WOULD LIKE TO ZONE THIS PROPERTY GC, WHICH IS AN ACCORD ZONING DISTRICT FOR THIS LAND. UM, WE ARE HOLDING THE PUBLIC HEARINGS TODAY TOGETHER, UM, DUE TO THE FACT THAT THIS WAS ONE OF THE ITEMS THAT WHEN WE, UM, RECENTLY HAD SOME STAFF CHANGES, UM, THERE WAS AN OVERSIGHT. AND SO WE WANT TO BE FLEXIBLE AS POSSIBLE AND WE'RE TRYING TO AFFORD THESE PROPERTY OWNERS THE FLEXIBILITY OF HAVING BOTH PUBLIC HEARINGS TONIGHT. AND, BUT AGAIN, WE WILL BE ABLE TO HEAR ALL OF THE, IF THERE ARE ANY ISSUES THAT GO ALONG WITH THIS, UM, REQUEST. SO WE SHOULD BE ABLE TO HEAR THOSE AT THIS PARTICULAR MEETING. AND THEN THIS WILL BE FORWARDED ON JUST LIKE ANY OTHER ZONING MAP AMENDMENT CHANGE TO CITY COUNCIL FOR THEIR, UH, DECISION. CAN I ANSWER ANY QUESTIONS THAT PEOPLE MIGHT HAVE ABOUT THIS PARTICULAR PROPERTY? ANY QUESTIONS FROM THE COMMISSIONERS? I HAVE TO ABSTAIN FROM THIS VOTE. OKAY, THANK YOU NATHAN. UH, WE WE'RE DOING BOTH PUBLIC HEARINGS AT THE SAME TIME, SO I HAVE NO ONE SIGNED UP TO SPEAK. WE'LL CLOSE THE PUBLIC, BOTH PUBLIC HEARINGS NOW. UM, WHAT I'D LIKE US TO DO IS TO GO AHEAD AND OPEN THE FIRST PUBLIC HEARING AND CLOSE IT CLOSE AND THEN GO AHEAD AND OPEN THE SECOND PUBLIC HEARING AND ASK IF ANYTHING THERE'S, WELL OPEN THE AND CLOSE PUBLIC HEARING, WHICH IS B CONDUCT FIRST PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 3.0 ACRES, LOCATED AT 7,300 INTERSTATE HIGHWAY 10 FROM OPEN SPACE RECREATION OR TO GENERAL COMMERCIAL GC ZONING DISTRICT. UH, WE HAVE NO ONE SIGNED UP TO SPEAK FOR THIS, SO WE'LL CLOSE THIS PUBLIC HEARING AT THIS TIME. UH, MOVING TO THE SECOND [c. Conduct the second public hearing concerning a request to amend the official zoning map to rezone approximately 3.0 acres located at 7300 E IH 10 from Open space/recreation (OR) to General commercial (GC) zoning district. ] PUBLIC HEARING, CONDUCT THE SECOND PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO RE REZONE APPROXIMATELY 3.0 ACRES LOCATED AT 7,300 EAST I 10 FROM OPEN SPACE RECREATION TO GENERAL COMMERCIAL. AND WE HAVE NO ONE REGISTERED TO SPEAK ON THIS ONE. NATHAN. NATHAN, DO YOU HAVE OTHER COMMENTS? NO, MA'AM. NO. OKAY. SO I'LL CLOSE THE SECOND PUBLIC HEARING. UH, D IS [d. Consider making a recommendation and preparing a report concerning a proposed amendment to the official zoning map to rezone approximately 3.0 acres located at 7300 E IH 10 from Open space/recreation (OR) to General commercial (GC) zoning district. ] TO CONSIDER MAKING A RECOMMENDATION OF PREPARING A REPORT CONCERNING A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZO APPROXIMATELY 3.0 ACRES LOCATED 7,300 [01:00:01] EAST AT HIGHWAY 10 FROM OPEN SPACE RECREATION TO GENERAL COMMERCIAL ZONING DISTRICT. I'D BE PLEASED TO MAKE A MOTION TO APPROVE. THANK YOU MITCHELL. SECOND. THANK YOU AUGUSTINE. SO WE HAVE A MOTION AND A SECOND. DO WE HAVE QUESTIONS OR COMMENTS? OKAY. ALL IN FAVOR PLEASE INDICATE BY SAYING AYE. AYE. THOSE OPPOSED LIKE, SIGN. MOTION CARRIES SIX [a. Review the proposed amendments to the land use assumptions, water and sewer capital improvements plan, and water and sewer impact fees and draft written comment concerning such assumptions, plan, and fees.] A BUSINESS ITEMS REVIEW THE PROPOSED AMENDMENTS TO THE LAND USE ASSUMPTIONS, WATER AND SEWER CAPITAL IMPROVEMENTS PLAN AND WATER AND SEWER IMPACT FEE AND DRAFT WRITTEN COMMENT CONCERNING SUCH ASSUMPTIONS, PLAN AND FEES. AND WE HAVE SOMEONE HERE TO SPEAK. GOOD EVENING. UH, MY NAME IS STERLING BEAVER. I'M THE ASSISTANT DIRECTOR OF UTILITIES FOR THE CITY OF BAYTOWN. UM, FOR THIS ITEM, UH, WE HAVE OUR CONSULTANT HERE, COROLLO ENGINEERING. UM, THEY'VE BEEN WORKING, UH, OVER THE LAST SEVERAL MONTHS WITH CITY STAFF ON THE, UH, LAND USE ASSUMPTIONS IN THE, UH, CIP PROGRAM. UM, THEY ARE HERE TO PRESENT THE, UH, CIP, UM, IMPACT FEE, UH, PORTION TO YOU AND, UH, WOULD NOW, UH, I'LL BRING UP JENNIFER IVY WITH THE COROLLA AND, UH, SHALL TAKE IT FROM THERE. THANK YOU. JUST AS A REMINDER, UM, THE COMMISSIONERS YOU ALL SERVE AS ADVISORY COMMITTEE FOR THE, UH, IMPACT FEES. THAT'S WHEN THE DUTIES THAT YOU HAVE. SO YOU'RE NOW WEARING A DIFFERENT HAT AS AN ADVISORY COMMITTEE AND AS PART OF THAT, YOU RECEIVE THE REPORT. AND THEN AT THE END OF THIS PRESENTATION, WE'LL CONSIDER MAKING, UM, A REPORT, WRITTEN REPORT TO THE CITY COUNCIL. SO IF YOU HAVE ANY QUESTIONS OR THINGS THAT YOU WANNA MAKE SURE THAT COUNCIL, UM, KNOWS AS YOU LISTEN TO THIS REPORT, PLEASE JUST JOT THOSE DOWN AND WE'LL GATHER THOSE AT THE END AND, AND COMBINE THOSE TO MAKE A WRITTEN REPORT TO COUNSEL. THANK YOU, KARA. OKAY. OKAY. SO FOR TONIGHT'S PRESENTATION, WE'RE GOING TO DO A QUICK INTRODUCTION AND OVERVIEW OF THE IMPACT FEE PROCESS. UM, THEN I'M GONNA PRESENT THE, THE THREE COMPONENTS OF THAT, WHICH ARE THE LAND USE ASSUMPTIONS, THE CAPITAL IMPROVEMENTS PLAN, AND THEN THE CALCULATION OF THE MAXIMUM IMPACT FEES. UM, THEN WE HAVE A COMPARISON TO SOME OTHER PEER AGENCIES. SO YOU CAN SEE WHAT THEY CHARGE FOR IMPACT FEES AND THEN WE'LL OPEN IT UP FOR QUESTIONS. OKAY. SO THE UTILITY HAS TWO PRIMARY SOURCES OF REVENUE. UM, THEY GET, UH, REVENUE FROM UTILITY RATES, SO THE MONTHLY BILL THAT YOU PAY. UM, AND THEN THEY HAVE IMPACT FEE REVENUE. UM, SO THE, THE DIFFERENCE, THIS SLIDE JUST KIND OF COVERS THE DIFFERENCE AND WHAT EACH PAYS FOR. SO UTILITY RATES, LIKE I SAID, YOU GET THAT YOUR MONTHLY BILL COVERS OR, OR IS BASED ON THOSE UTILITY RATES. AND THAT IS HOW YOU PAY FOR YOUR MONTHLY USAGE OF THE SYSTEM. UM, THAT THOSE BILLS ARE SENT TO EXISTING CUSTOMERS. UM, AND THEY FUND OPERATIONS AND MAINTENANCE EXPENSES. THEY ALSO FUND REPAIR AND REPLACEMENT OF INFRASTRUCTURE, UH, EXISTING INFRASTRUCTURE. AND SO THAT'S WHAT THOSE RATES ARE FOR. BUT THEN YOU ALSO HAVE IMPACT FEES AND IMPACT FEES ARE PAID ONE TIME WHEN A, UH, PROPERTY IS CONNECTED TO THE SYSTEM. UM, THEY'RE TYPICALLY PAID BY DEVELOPERS. AND SO THESE ARE FOR NEW CUSTOMERS OR NEW CONNECTIONS JOINING TO THE SYSTEM. UM, AND THE PURPOSE OF THIS IS TO HELP PAY FOR THE GROWTH RELATED INFRASTRUCTURE. SO EXPANSIONS TO THE SYSTEM, UM, UPSIZING PIPES, THINGS LIKE THAT, THAT ARE REQUIRED IN ORDER TO CONTINUE TO SERVE MORE AND MORE CUSTOMERS. SO THESE ARE THINGS THAT YOU DON'T WANT YOUR EXISTING CUSTOMERS TO PAY FOR. OKAY. AS WAS MENTIONED, UM, YOU ALL ARE SERVING AS THE ADVISORY COMMITTEE FOR THIS PURPOSE. SO IMPACT FEES ARE GOVERNED BY THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 3 95. AND I'VE LISTED HERE SOME OF THE REQUIREMENTS OF CHAPTER 3 95. UM, YOU HAVE TO REVIEW THE LAND USE ASSUMPTIONS AND THE CAPITAL IMPROVEMENTS PLAN AND UPDATE AS NECESSARY AT LEAST EVERY FIVE YEARS. UM, YOU HAVE TO UPDATE THOSE PLUS THE MAXIMUM IMPACT FEES AT LEAST EVERY 10 YEARS. SO AT THE FIVE YEAR MARK YOU COULD SAY, HEY, NOTHING HAS CHANGED, AND THEN WAIT ANOTHER FIVE YEARS, BUT YOU CAN'T GO PAST 10 YEARS WITHOUT DOING A FULL UPDATE. UM, THE THIRD ONE THAT I'VE HIGHLIGHTED IS, IS RELEVANT TO THIS COM, THIS COMMISSION. AND THAT IS THAT, UH, YOU MUST APPOINT A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE THAT REVIEWS THESE ITEMS AND MAKES RECOMMENDATIONS TO THE DECISION MAKING AUTHORITY, WHICH WOULD BE THE CITY COUNCIL. AND SO THAT AGAIN, IS WHAT THIS COMMISSION [01:05:01] WILL DO, IS SERVE AS THAT ADVISORY COMMITTEE. YOU MUST PUBLISH THE ANALYSIS AND RECOMMENDATIONS AT LEAST 30 DAYS PRIOR TO A PUBLIC HEARING THAT ALLOWS THE PUBLIC TIME TO REVIEW THE INFORMATION AND, UM, BE PREPARED FOR THAT PUBLIC HEARING IF THEY WANNA MAKE COMMENTS. AND THEN AGAIN, THIS WAS MENTIONED, UM, THIS ADVISORY COMMITTEE, THIS COMMISSION, UM, MUST PROVIDE WRITTEN COMMENTS, UM, ABOUT THESE RECOMMENDATIONS AT LEAST FIVE DAYS PRIOR TO THE PUBLIC HEARING. SO THAT IS WHAT WE ARE HERE TO DO, UM, AS, AS WAS MENTIONED. UH, SO I'LL GO THROUGH THE CALCULATION AND THAT WAY IF YOU HAVE QUESTIONS, UM, OR COMMENTS AND AS YOU WANNA PREPARE THOSE WRITTEN COMMENTS, THEN YOU CAN ASK THOSE. OKAY. THE LAND USE ASSUMPTIONS PIECE OF THE CALCULATION IS WHERE WE TRY TO DETERMINE HOW MUCH GROWTH DO WE EXPECT IN THE NEXT 10 YEARS. SO THE STATE OF TEXAS LIMITS THE CALCULATION TO A 10 YEAR WINDOW. SO WE WANT TO LOOK AT POPULATION PROJECTIONS AND OTHER DATA THAT'S AVAILABLE AND TRY TO DETERMINE HOW MANY NEW CONNECTIONS DO WE THINK ARE GOING TO COME ONLINE IN THIS NEXT 10 YEAR PERIOD. AND NOT ONLY HOW MANY CONNECTIONS, BUT WHAT ARE THE SIZE OF THOSE CONNECTIONS? 'CAUSE YOU COULD HAVE SOME THAT ARE LARGE CONNECTIONS THAT REQUIRE A LOT MORE, UM, SERVICE OR DO, YOU KNOW, HAVE A HIGHER DEMAND THAN YOUR TYPICAL CONNECTION. SO YOU SEE HERE CURRENTLY, OR AS OF A FISCAL YEAR, 2020, THE POPULATION OF THE SERVICE AREA WAS 96,457. UM, WE EXPECT THAT TO GROW TO 117,789 OVER THIS 10 YEAR PERIOD. AND SO WE USE THAT INFORMATION TO ESTIMATE, UH, THE SERVICE UNITS FOR OUR CALCULATION. AND WE'RE DEFINING ONE SERVICE UNIT AS ONE SINGLE FAMILY EQUIVALENT. SO WE TAKE THE DEMAND THAT ONE TYPICAL SINGLE FAMILY HOME PUTS ON THE SYSTEM, AND THAT IS OUR, UH, SERVICE UNIT. THAT DEMAND REPRESENTS OUR SERVICE UNIT. SO FOR EXAMPLE, YOU COULD HAVE A, UH, COMMERCIAL, UM, CUSTOMER THAT MAY PUT THE SAME DEMAND AS THREE SINGLE FAMILY HOMES. AND SO THEY WOULD BE THREE SERVICE UNITS. AND SO WE TAKE THE AVERAGE DAILY DEMAND OF THE SYSTEM, WE DIVIDE THAT BY THE AVERAGE CONSUMPTION PER SERVICE UNIT. THAT TELLS US HOW MANY SERVICE UNITS WE HAVE. AND SO WHEN WE DID THAT, UM, WE DID THAT FOR THE INFORMATION THAT WE HAD FOR 2020. AND THEN WE LOOKED AT OUR POPULATION PROJECTION. WE SAID, OKAY, IF WE ASSUME THAT WE'RE, OUR NUMBER OF SERVICE UNITS IS INCREASING AT ROUGHLY THE SAME PACE AS POPULATION, WHAT IS THE DIFFERENCE THERE? AND YOU CAN SEE THAT WE ARE EXPECTING TO ADD 7,619 ADDITIONAL SERVICE UNITS ON THE WATER FOR THE WATER SYSTEM AND 7,597 ADDITIONAL SERVICE UNITS FOR THE WASTEWATER SYSTEM. AND SO THIS GIVES YOU A LITTLE BIT MORE DETAIL INTO THAT CALCULATION. YOU CAN SEE THE TOP PART OF THIS TABLE IS FOR WATER. UM, YOU CAN SEE THAT THE AVERAGE DAY DEMAND IN 2020 WAS 12.35 MILLION GALLONS PER DAY. WE EXPECT THAT TO GROW TO 15.09 MILLION GALLONS PER DAY. UM, ONE SERVICE UNIT, UH, DEMAND IS ABOUT 359 GALLONS PER DAY. AND SO YOU CAN SEE THE CALCULATION OF THE NUMBER OF SERVICE UNITS, UH, ON THE SYSTEM FOR 2020 AND THE PROJECTED NUMBER OF SERVICE UNITS ON THE SYSTEM FOR 2030. AND THE DIFFERENCE THERE IS THAT 7,619 NUMBER THAT I PROVIDED, WASTE WATER'S CALCULATED THE SAME WAY. UM, THE 2020, UH, AVERAGE DAILY FLOW WAS 12.19 MILLION MILLION GALLONS PER DAY. AND THAT'S 355, UH, GALLONS PER DAY PER SERVICE UNIT. ACTUALLY, I THINK THAT WAS PEAK FLOW. IS THAT CORRECT? STILL? WAS THAT THE PEAK FLOW? AND SO THAT E EQUATES TO AN ADDITIONAL 7,597 SERVICE UNITS IN A 10 YEAR PERIOD. SO THAT'S LAND USE ASSUMPTIONS, AND WE'LL USE THAT IN OUR CALCULATION, THOSE TWO NUMBERS THAT WE HAD. AND THEN WE MOVE ON TO THE SECOND PART, WHICH IS THE CAPITAL IMPROVEMENTS PLAN. AND SO THIS IS WHERE WE LOOK AT THE CAPITAL IMPROVEMENTS PLAN THAT THE CITY HAS PUT TOGETHER IN TOTAL. AND WE SAY, OKAY, WHICH OF THOSE PROJECTS ARE GOING TO EXPAND OR TO IMPROVE [01:10:01] UPON CAPACITY THAT IS GOING TO BE USED BY THESE CUSTOMERS THAT WE EXPECT TO COME ONLINE IN THE 10 YEAR PERIOD. SO WE'RE TRYING TO DETERMINE HOW MUCH IS CITI GONNA NEED TO SPEND IN ORDER TO SERVE THOSE CUSTOMERS THAT WE EXPECT TO COME ONLINE. AND SO WE, WE CAN LOOK AT EXISTING ASSETS BECAUSE SOMETIMES IN YOUR EXISTING ASSETS, EVEN THOUGH THEY'VE ALREADY BEEN BUILT, YOU'RE NOT USING ALL OF THE CAPACITY. AND SO SOME OF YOUR NEW CUSTOMERS ARE GONNA USE THAT EXISTING CAPACITY. SO WE LOOK THERE FIRST AND WE SAY, OKAY, WHERE DO WE HAVE CAPACITY THAT WILL BE USED BY THESE CUSTOMERS? AND HOW MUCH IS THE COST OF THAT CAPACITY? AND THEN WE LOOK AT OUR FUTURE PROJECTS AND SEE, WE SAY, OKAY, WHAT PART OF THESE PROJECTS IS GONNA BE USED BY THESE NEW CUSTOMERS AND WHAT IS THE COST ASSOCIATED WITH THAT? AND SO WE ADD THOSE TWO PIECES TOGETHER, PLUS WE CAN ADD IN SOME FINANCING COSTS AND ADVISORY COSTS AND ADVISORY COSTS OR FOR STUDIES LIKE MASTER PLAN STUDY THAT TELLS YOU WHAT PROJECTS NEED TO BE BUILT. AND ALSO FOR THIS STUDY TO TELL YOU WHAT YOU SHOULD BE CHARGING FOR THESE SERVICES. AND SO WHEN WE LOOKED AT THE WATER SYSTEM AND WE ADD UP ALL OF THE PROJECTS, ALL OF THE EXISTING ASSETS AND THE PROJECTS THAT ARE RELATED TO PROVIDING CAPACITY TO THESE CUSTOMERS, IT'S ABOUT $12.3 MILLION. AND THEN WHEN WE ADD IN THE FINANCING COSTS AND THE ADVISORY COST, IT'S A LITTLE OVER $13 MILLION FOR WASTEWATER. WE HAVE A LOT MORE PROJECTS, UH, THAT WE'RE ADDING INTO, UM, OR WE HAVE A LOT MORE CAPACITY, UM, OUR COST ASSOCIATED WITH THE CAPACITY THAT WILL SERVE, UH, THE NEW CUSTOMERS. AND THAT'S FOR THE EXISTING ASSETS. UM, AND THEN WE ALSO HAVE, UM, WHERE IT SAYS CATCHMENT ALTERNATIVE THAT'S RELATED TO THE COLLECTION SYSTEM. SO THE COLLECTION SYSTEM IS A BIG, UH, COMPONENT OF THAT AS WELL. AND SO WE HAVE, UH, $48 MILLION, UM, FOR THE ASSET COST, AND THEN WE ADD IN THE FINANCING AND ADVISORY AND THAT COMES OUT TO BE 50 MILLION, $50.4 MILLION. OKAY, SO THIS JUST LISTS SOME OF THE CIP PROJECTS THAT WE LOOKED AT. UM, THIS, THE COST ASSOCIATED DOESN'T MEAN THAT THAT ENTIRE COST WAS INCLUDED IN THE CALCULATION. UM, WE LOOKED AT EACH OF THESE PROJECTS AND SAID, OKAY, HOW MUCH OF THIS PROJECT WOULD BE ELIGIBLE BECAUSE IT'S RELATED TO PROVIDING CAPACITY FOR THE NEXT 10 YEARS. UM, BUT WE JUST WANTED YOU TO KIND OF SEE SOME OF THE PROJECTS THAT, UH, WERE AT LEAST PARTIALLY INCLUDED IN THE CALCULATION. OKAY? SO ONCE WE HAVE THOSE TWO PIECES DONE, THE CALCULATION OF THE FEE IS VERY EASY. IT'S JUST A DIVISION PROBLEM. WE TAKE THOSE COSTS AND WE JUST DIVIDE THEM BY THE NUMBER OF SERVICE UNITS THAT WE EXPECT TO ADD. AND SO WHEN WE DO THAT, WE'LL COME UP WITH THE, UM, THE CALCULATED IMPACT FEE, BUT THEN THE, THE STATE, UH, CHAPTER 3 95 REQUIRES US TO APPLY A 50% FACTOR TO THAT. AND THAT'S TO MAKE SURE THAT WE'RE NOT DOUBLE COUNTING ANYTHING. SO IT'S POSSIBLE BECAUSE OF THE TIMING OF COLLECTING REVENUE AND, AND THEN THE TIMING OF PAYING OUT FOR THINGS LIKE DEBT SERVICE PAYMENTS, THAT A CUSTOMER COULD PAY THE IMPACT FEE AND THEN COME ONLINE AND PAY IN THEIR RATES SOME OF THE DEBT SERVICE ASSOCIATED WITH THE PROJECTS THAT WERE INCLUDED IN THE IMPACT FEE. AND SO BECAUSE OF THAT TIMING ISSUE, WE CAN APPLY THIS 50% THAT JUST TAKES CARE OF THAT AND MAKE SURE THAT WE DON'T HAVE ANY OF THAT DOUBLE PAYMENT. SO FOR THE WATER CALCULATION, WE TAKE THAT $13 MILLION, WE DIVIDE THAT BY THE 7,619 SERVICE UNITS, AND THAT GIVES US THAT CALCULATED FEE OF $1,716 PER SERVICE UNIT. UM, NOW THE LAST TIME WE DID THIS CALCULATION, THE LAST STUDY, UM, CALCULATED A FEE OF $2,172. SO ONCE YOU APPLY THE 50% TO THAT, UM, THE CURRENT FEE THAT'S BEING CHARGED TODAY IS 1080 $7. THE FEE THAT WE HAVE CALCULATED AFTER THE 50% HAS REDUCED TO $857. SO WE ARE ACTUALLY RECOMMENDING A REDUCTION OF THE WATER IMPACT FEE FROM 1087 TO 857 FOR WASTEWATER. WE TAKE THE $50 MILLION, WE DIVIDE THAT [01:15:01] BY THE 7,597 SERVICE UNITS THAT GIVES US THE CALCULATED FEE OF $6,630. THE PREVIOUS CALCULATED FEE WAS $4,873. SO THAT MEANS THAT AFTER THE 50% IS APPLIED, THE FEE WOULD INCREASE FROM $2,437 TO $3,315. SO THIS TABLE SHOWS THE WATER IMPACT FEES. YOU CAN SEE THE PROPOSED FEE, UM, IN ONE OF THOSE MIDDLE COLUMNS, $857. UM, AND THAT FEE WOULD BE INCREASED BASED ON THE METER SIZE, METER SIZE AND TYPE, UH, BECAUSE LARGER METERS, UH, ARE MORE MORE THAN ONE SERVICE UNITS. AND SO WE APPLY THAT RATIO TO CALCULATE THE LARGER FEE FOR THOSE. AND YOU CAN SEE NEXT TO THAT IS THE EXISTING FEE FOR ALL OF THOSE METER SIZES AND TYPES. AND YOU SEE THE VARIANCE THERE. AND THIS SHOWS THAT SAME INFORMATION, BUT FOR THE WASTEWATER FEE. AND THEN FINALLY, IF YOU HAD A CUSTOMER THAT'S PAYING BOTH THE WATER AND WASTEWATER FEE, WHICH MOST WE WOULD EXPECT WOULD PAY BOTH, YOU CAN SEE THAT THE COMBINED FEE WOULD INCREASE FROM $3,524 FOR ONE SERVICE UNIT TO $4,172. SO THAT'S AN INCREASE OF $648 PER SERVICE UNIT. OKAY. SO WHEN WE LOOK AT THIS AS COMPARED TO SOME OF THE OTHER UTILITIES IN THE AREA, YOU CAN SEE THAT ON THIS CHART, UH, WE'VE SHOWN LEAGUE CITY, MISSOURI CITY AND PEARL LAND. UM, SO YOU CAN SEE BAYTOWN IS, UM, EVEN THE PROPOSED FEE AFTER THE INCREASE IS STILL LESS THAN THOSE THREE. UM, WE DID LOOK UP DEER PARK AND SUGAR LAND AND UM, IT SEEMS THAT THEY DO NOT CHARGE IMPACT FEES. SO SOME UTILITIES DON'T CHARGE IMPACT FEES. UM, I CAN'T ANSWER, YOU KNOW, WHY THEY DON'T. UM, THEY, THEY JUST DON'T. SO, UM, BUT WE WENT AHEAD AND SHOWED THAT IN CASE YOU ARE WONDERING ABOUT EITHER OF THOSE TWO COMMUNITIES. UM, I WILL ADD THAT, YOU KNOW, KEEP IN MIND FOR THE CITY OF BAYTOWN, WE'RE ONLY INCLUDING ON THE WATER SIDE ASSETS THAT THE CITY OWNS. SO FOR BAYTOWN, THIS DOES NOT INCLUDE, UM, WATER TREATMENT BECAUSE THAT IS THROUGH BAWA. SO ANY, UM, ANY OF THOSE ASSETS RELATED TO WATER TREATMENT WOULD NOT BE INCLUDED IN THIS. AND THEREFORE WHEN YOU COMPARE THESE, JUST KEEP THAT IN MIND BECAUSE THESE OTHER THREE UTILITIES, UM, LIKELY DO INCLUDE THE COST OF WASTEWATER, I'M SORRY, WATER TREATMENT FACILITIES. AND WITH THAT, I'LL TAKE YOUR QUESTIONS. QUICK QUESTION. IF SOMEONE PUTS IN A RESTAURANT, THEY ALSO HAVE TO HAVE SPRINKLER SYSTEMS. SO LET'S JUST SAY FOR EXAMPLE, THE RESTAURANT NEEDED A ONE AND A HALF INCH TAP FOR THEIR DAILY WATER DRAW, BUT BECAUSE OF THE SPRINKLER SYSTEM, THEY HAVE TO PUT IN A THREE INCH. ARE THEY GONNA BE CHARGED A THREE INCH TAPPING IMPACT FEE JUST BECAUSE THEY NEEDED THE BIGGER CAPACITY ONLY WHEN THERE'S A FIRE? THAT WOULD BE A POLICY QUESTION. I'M NOT SURE IF YOU HAVE THE ANSWER TO THAT BECAUSE I'VE, I'VE HEARD THAT COME UP WITH BUSINESSES WHO ARE LOOKING AT THE COST OF OPENING A BUSINESS HERE. UH, THAT'S SOMETHING THAT WE'LL PROBABLY HAVE TO, UH, DO A LITTLE BIT OF RESEARCH ON AND RE AND, UH, GET BACK TO YOU ON. UM, I DON'T KNOW OFF THE TOP OF MY HEAD THE SPECIFIC, UH, RULE RELATED TO FIRE LINES. I BELIEVE THE EXISTING POLICY IS TO CHARGE THEM THE FULL FEE, EVEN IF IT'S NOT DAILY USE. OKAY. I WOULD SAY, KEEP IN MIND THAT IMPACT FEES ARE TRYING TO PAY FOR THE CAPACITY. I UNDERSTAND EVEN THOUGH YOU'RE NOT USING IT EVERY DAY, THE UTILITY STILL HAS TO BE READY, RIGHT. TO PROVIDE THAT CAPACITY. RIGHT. I'M, I'M JUST THINKING IN TERMS OF FAIRNESS, BECAUSE IF YOU CHARGE SEWER BASED ON THE AMOUNT OF WATER THAT COMES IN, 'CAUSE YOU ASSUME IT'S COMING OUT, BUT IF IT'S DAILY USAGE IS ACTUALLY MUCH LESS, THEN THE USAGE DURING A FIRE, THEN YOU WOULDN'T NEED TO CHARGE THEM AS MUCH FOR SEWER ON A DAILY BASIS. SO THAT'S, THAT WAS THE POINT OF MY COMMENT. YEAH, I WOULD, I CERTAINLY CHECK INTO IT, BUT I THINK YOU COULD CHARGE ON THE WATER WASTEWATER SIDE, MAYBE THE THE SMALLER ONLY. I WAS JUST GONNA SAY, WE'LL, WE'LL GET YOU AN OFFICIAL RESPONSE. OKAY, THANK YOU. BECAUSE THAT'S, [01:20:01] OR ORDINARILY WHAT I'VE SEEN IN OTHER COMMUNITIES IS THAT YOU BASICALLY, YOU HAVE A, A RESTAURANT OF A CERTAIN SIZE AND THAT'S THE FEE FOR THE RESTAURANT OF THAT SIZE. IF YOU HAVE SOMETHING THAT'S BIGGER, IT MIGHT BE A LARGER ONE, BUT IT, IT'S BASED ON, UM, IT'S BASED ON THAT KIND OF CAPACITY. UM, BUT AGAIN, WHAT YOU'RE TALKING ABOUT WHEN, WHEN YOU'RE DOING IMPACT PIECE IS THAT ONE TIME FEE INSTEAD OF, UM, WHAT WHAT WAS EXPLAINED WAS THE, WAS THE ONGOING, THE MONTHLY FEES, IT'S A, IT'S A DIFFERENT CHARGE. SO IT, I WOULD SAY, YOU KNOW, REMEMBER THAT IF THERE'S A RESTAURANT THERE AND IT'S NEWLY BUILT AND THEN IT COMES IN AND CHANGES HANDS THAT THE NEW PEOPLE DON'T PAY A NEW IMPACT FEE ON THAT, THAT WOULD JUST CARRY OVER TO THAT AS WELL. SO THAT'S SOMETHING JUST I THINK TO KEEP IN MIND, UNLESS THEY PUT IN A BIGGER MINE. WELL, AGAIN, I'M NOT, I'D, I'D HAVE TO. UM, I THINK IT DEPENDS ON ANY SIZE TO THE EXISTING MINE. YEAH, IT WOULD'VE APPLY. OTHER QUESTIONS. OKAY. SO WHAT I WOULD ASK THE COMMISSION IS WE, THE, ONE OF THE REQUIREMENTS OF 3 95 IS FOR THIS COMMISSION TO MAKE WRITTEN COMMENTS ON WHAT YOU'VE HEARD TODAY, UM, TO THE CITY COUNCIL. SO IF YOU HAVE SOME COMMENTS, I'D LIKE TO TAKE 'EM DOWN AND SO WE CAN MAKE SURE THAT THEY GET COMMUNICATED TO CITY COUNCIL. IS THERE ANY ALLOWANCE FOR REGIONAL NEEDS? I KNOW WE WENT FOR ALMOST A DECADE WITHOUT ANY WATER AND SEWER CAPACITY ON THE SOUTH SIDE OF TOWN AND IT WAS REAL STIFLE TO ANY NEW DEVELOPMENT. THIS, FOR THIS ANALYSIS, WE JUST LOOKED AT ONE SINGLE SERVICE AREA FOR THE WHOLE, UM, CITY AS ONE. UM, BUT IT, YOU KNOW, YOU CAN SPLIT IT UP INTO MULTIPLE SERVICE AREAS, BUT THAT'S NOT WHAT WE DID FOR THIS STUDY. COMMENT. KAREN, WHAT KIND OF COMMENTS WOULD YOU LIKE TO HAVE? ONE IS THAT WE REVIEWED THE REPORT THAT YOU REVIEWED THE REPORT, IF YOU AGREE WITH THE REPORT OR IF THERE'S ANYTHING THAT STANDS OUT THAT YOU WANNA MAKE SURE THAT COUNSEL'S AWARE OF OR THAT YOU'RE CONCERNED WITH, IT'S ANYTHING YOU HEARD. UM, THAT WOULD BE IT. IF YOU APPROVE IT JUST AS AS WRITTEN, YOU HAVE NO COMMENTS OR, UM, WE WOULD SUBMIT UP THAT YOU AGREE WITH THE, THE REPORT IS, IS PROVIDED, THE UPDATE IS PROVIDED. ONE, ONE OTHER QUESTION ON THESE DEVELOPMENTS THAT WE SEE ON THE NORTH SIDE OF TOWN ARE NOT THE MAJORITY OF THEM DOING MUNICIPAL UTILITY DISTRICTS. SO A LOT OF THOSE ARE NOW DOING, UM, PIS, PUBLIC IMPROVEMENT DISTRICTS. WE DO HAVE SOME MUDS OUT THAT WAY, BUT, UH, WHAT, OR THE SHIFT IS GOING TO PUBLIC IMPROVEMENT DISTRICTS. SO THERE'LL BE ANNEX EXTENT TO THE CITY AND THERE'LL BE A PUBLIC IMPROVEMENT DISTRICT. SO I'M TRYING TO WONDERING HOW THEY WOULD PROJECT THAT IN SOME WAY. THE, UM, ENTITY ITSELF WOULD BE THE ONE THAT WOULD BE BILLED, UM, BY THE CITY. SO THEY WOULD, UH, PROVIDE THAT, UH, CONNECTION COUNT TO THE CITY AND IT, THEY WOULD BE ASSESSED THEIR IMPACT FEES. RIGHT. DO YOU WANT TWO MOTIONS OR DO YOU JUST WANT INPUT? KAREN? WHAT I'D LIKE IS SOME INPUT AND THEN, UM, IF EVERYBODY AGREES, JUST APPROVE AND WE CAN MOVE ON. DOES ANYBODY HAVE FURTHER INPUT OTHER THAN QUESTIONS? NO, IT'S A, I THINK, I THINK THIS IS A LITTLE BIT HARD TO UNDERSTAND SOMETIMES. SO YOU'RE, YOU KNOW, WE WENT THROUGH IT PRETTY QUICKLY. MY INPUT WOULD BE, I, I THINK THEIR NUMBERS ARE RIGHT IN LINE WITH WHAT WE'VE SEEN FOR APPROVALS ON NEW HOMES. UH, SO I THINK, I THINK THEIR, THEIR PROJECTION IS ACCURATE. I DON'T KNOW HOW, YOU KNOW, HOW MANY ARE GONNA BE MUD AND HOW MANY ARE GONNA BE FULL CITY SERVICE. UH, 'CAUSE MUD IS A WHOLE DIFFERENT ANIMAL. YEAH. UH, AND THAT, THAT MIGHT BE SOMETHING THAT REQUIRES SOME OTHER ENTITY TO LOOK AT FOR US. SO JUST FOR CLARIFICATION, THE SERVICE AREA THAT YOU ALL LOOKED AT WAS THE INCORPORATED LIMITS OF THE CITY. UM, NATHAN, DO YOU WANT TO TOUCH ON THAT ONE? ? I DIDN'T SEE THAT LAST CUT. . UM, WELL DO YOU HAVE A COPY OF THE, THE WELL, I'M SAYING IF YOU, FROM THE MEETING THAT WE HAD, WE WERE GOING OVER THE LAND USE PLAN. I JUST NEED TO SEE, DO YOU HAVE THE MAP? UH, I DON'T THINK IT'S IN THE PRESENTATION. OKAY. WELL I'LL BE, I'LL BE HAPPY TO, I DON'T HAVE THE MAP IN FRONT OF ME, BUT WE DID MAKE THOSE ASSUMPTIONS. I THINK THE ASSUMPTIONS WERE TO [01:25:01] PART OF THE SERVICE AREA IS INSIDE OF THE ETJ. SO THE PROJECTED LIMITS TO WHERE THAT SERVICE AREA WOULD BE COMING FROM. YEAH. OKAY. UM, I'D HAVE TO GO BACK AND LOOK AT THE NUMBERS TOO. WE DON'T SEE WHICH ONES ARE IN CITY SERVICE OR WHICH ONES ARE MUD. UH, SO WE, KAREN, IS THE REPORT SHARED IS THE REPORT UM, THE REPORT'S IN THE PACKET? YEAH. YEAH. SO THE MAP, THE MAP IS INSIDE THE REPORT JUST READING LEGAL NOTICES. I KNOW I'VE SEEN A LOT OF THE SUBDIVISIONS THAT ARE DOING IN CITY MUD. SO THAT'S A DIFFERENT TYPE OF PROJECTION. UH, ANY NEW SUBDIVISIONS NOW INTO INSIDE THE CITY LIMITS ARE DOING PIS, THEY'RE DOING THE PUBLIC IMPROVEMENT DISTRICT. OKAY. IN A PI, DOES THAT MEAN THE CITY IS THE FURNITURE OF THE WATER AND THE RECEIVER OF THE SEWER? YES. THEY DON'T, THEY DON'T HAVE ANYTHING SELF-CONTAINED? NO, IT'S NOT A SEPARATE INCIDENT. OKAY. OKAY. SO THAT MEANS MOST OF THE ETJ OR SOME OF THOSE MAY BE, WOULD BE SELF-CONTAINED? YES, THOSE WOULD BE MINES OUTSIDE. MOST OF THOSE ARE MINE. OKAY. BECAUSE THEY WOULD'VE A PACKAGING PLANT FOR THE SEWER AND WOULD PROBABLY BUY THE WATER IN IN BULK. I THINK IT'S SAFE TO SAY THAT WE REVIEWED THE REPORT AND I'VE ACCEPTED THAT WITH SOME QUESTION CONCERNING MUD DISTRICTS. I THINK THAT'S, THAT, THAT MAKES SENSE, KAREN. SO THE COMMENT IS YOU AGREE WITH THE REPORT AND JUST DESIRE THE COUNSEL TO LOOK AT HOW THE MUD DISTRICTS ADDRESS AND PROJECTIONS FOR NEW GROWTH. OBJECTION. DO EVERYBODY AGREE WITH THAT? YES, I AGREE. AND I THINK WE CAN, UH, RECEIVE A MOTION TO APPROVE. MY OTHER INPUT WOULD BE THAT ON A BUSINESS SIDE, THE IMPACT FEE SHOULD BE GEARED TO THE USAGE, NOT THE EMERGENCY. UH, 'CAUSE LIKE I KNOW AT OUR CHURCH WE LOOKED AT, UH, EXPANDING A BUILDING AND WE WERE GONNA BE HIT WITH THIS MASSIVE IMPACT FEE FOR THE SPRINKLER SYSTEM. EVEN THOUGH THE CHURCH WASN'T USING ANY MORE WATER, THEY WERE GONNA BE REQUIRED TO PAY A SIGNIFICANT AMOUNT OF MONEY FOR AN IMPACT FEE. AND SO MY THINKING IS AN IMPACT FEE SHOULD BE BASED ON HOW MUCH USAGE OF WATER THERE IS ON A DAILY BASIS AND HOW MUCH SEWER THERE IS ON A DAILY BASIS. AND THEY SHOULD BE MORE FLEXIBLE WHEN IT'S FIRE AND SAFETY ORIENTED. DID THEY UPSIZE THE LINE? ARE WE READY FOR A MOTION? KAREN, YOU THINK YOU HAVE WHAT YOU NEED? OKAY, SO OUR, OUR COMMENTS ARE THE NUMBERS ARE IN LINE WITH THE PROJECTIONS. THEY LOOK CORRECT AND, UM, WE WANTED TO CONTINUE TO HAVE COUNSEL LOOK AT, UM, THE NUMBERS THEY HAVE FOR THE GROWTH IN THE MUD DISTRICTS AND TO THAT USAGE ON THE DAILY BASIS NEEDS TO BE FLEXIBLE. THEY NEED TO LOOK AT USAGE. THE PROBLEM IS, DO YOU WANNA DESCRIBE THE USAGE VERSUS THE READINESS TO SERVE AND HOW THEY'RE ACTUALLY CALCULATED? RIGHT. SO THE, THE FEES ARE ASSESSED BASED ON METER SIZE. UM, AND THE REASON IS THAT, UM, YOU KNOW, AS WAS STATED, UM, YOU COULD HAVE, UM, LET'S, LET'S SAY YOU STARTED OFF WITH A RESTAURANT AND YOU ESTIMATED YOUR, UM, DAILY USAGE AND THE FEE WAS BASED ON THAT. AND THEN LET'S SAY, UM, YOU SELL THAT RESTAURANT AND SOME OTHER BUSINESS COMES IN AND MAYBE THEY USE MORE WATER THAN THAT PER DAY. I MEAN, THEN YOU HAVE TO DEAL WITH GOING BACK AND MAKING ADJUSTMENTS AND, AND THAT GETS COMPLICATED. AND AT THE SAME TIME, I MEAN THE, THE CITY IS BUILDING THAT INFRASTRUCTURE AND HOPEFULLY JUST BUILDING IT THE ONE TIME FOR EACH CONNECTION THAT COMES ONLINE. UM, AND, AND YOU DON'T WANT, YOU KNOW, THE CITY CAN'T GO IN AND SAY, WELL, THIS BUSINESS CHANGED, SO NOW WE NEED TO INCREASE THE SIZE OF THE PIPE THAT RUNS DOWN THE STREET. SO THESE ARE BASED ON CAPACITY, UM, THE, THE POTENTIAL DEMAND THAT EACH CONNECTION COULD PUT ON THE SYSTEM. AND THAT'S WHY WE BASE IT ON METER SIZE. THERE'S ONLY SO MUCH DEMAND THAT CAN GO THROUGH A METER. UM, AND SO WE, WE, UM, RATCHET THE FEE UP BASED ON THE SAFE MAXIMUM OPERATING CAPACITIES AS PUBLISHED BY THE AMERICAN, UH, WATERWORKS ASSOCIATION. SO THIS IS BASED ON HOW MUCH WATER IT'S SAFE TO PUSH THROUGH EACH SUB METER, UH, SIZE AND TYPE. AND SO THAT IS HOW WE COME UP WITH THOSE RATIOS THAT WE THEN USE AND APPLY TO THAT BASE FEE PER ONE SERVICE UNIT IN ORDER TO COME UP WITH THE FEES FOR THE LARGER SERVICE UNITS. AND WE DO RECOGNIZE THAT [01:30:01] YOU MAY NOT USE YOUR FULL CAPACITY, UM, BUT THE NEXT OCCUPANT OF THAT PROPERTY MIGHT. OKAY. DO YOU KNOW IF THE CITY HAS A VARIANCE PROCESS? LIKE IN THE CASE OF MY CHURCH, LET'S JUST SAY THEY HAD AN EXISTING USAGE, BUT THEY'RE GONNA PUT IN A THREE INCH LINE FOR THAT JUST IN CASE FIRE. IS THERE A, A POSSIBILITY FOR A VARIANCE? 'CAUSE AT ONE TIME I DID NOT THINK THE CITY OFFERED A VARIANCE. I DUNNO, FOR, FOR THE SIZE OF THE PIPE THAT COMES IN. YEAH. IF IT JUST FOR EMERGENCY USE, IF YOU'RE INSTALLING A, A LARGER METER JUST FOR THAT ONE IN A MILLION CHANCES OF A FIRE OR A NEED, TO MY KNOWLEDGE, THERE IS NO VARIANCE. THAT'S SO AGAIN, THEY'RE BEING CHARGED FOR WATER, THEY'RE NOT USING AND THEY'RE BEING CHARGED FOR AN IMPACT THAT THEY'RE NOT USING. THEY WHAT THEY'RE BEING CHARGED FOR CAPACITY BEING CHARGED FOR WATER AND SEWER CAPACITY THAT THEY WILL NEVER USE. SO THAT'S, THAT'S MY POINT IS THAT IT SHOULD, THE, THE FEES SHOULD BE BASED ON USE. DO YOU WHAT, WHAT, WHAT, WHAT THEY'RE PAYING FOR AS FAR AS THEIR USAGE, UM, THAT IS METERED. FIRE LINES ARE NOT METERED. OKAY. SO THAT, THAT'S NOT PASSING THROUGH THE METER TO THE RESIDENT. THAT'S NOT WHAT THEY'RE BUILT FOR. AND AGAIN, I'M NOT TALKING ABOUT RESIDENTS AS MUCH AS BUSINESSES. WELL, BUSINESSES OR ANY SERVICER. I MEAN, UH, ANY, UH, CUSTOMER, I'M SORRY. UH, YOU SURE THAT THOSE AREN'T METERED? THAT'S CORRECT. YEAH. OKAY. SO IF, IF YOU, IN YOUR, IN YOUR PACKETS, UM, ON PAGE 98 OF THIS REPORT, THERE IS A, THIS IS UNDER, UM, MAXIMUM ALLOWABLE WATER IMPACT FEE. IT KIND OF ECHOES WHAT YOU JUST SAID. UM, UNDER THE SUMMARY AND RECOMMENDATIONS, UM, STANDARD METER SIZE FIVE EIGHTS INCH BY THREE QUARTER INCH IS ASSESSED A SERVICE UNIT EQUIVALENT OF 1.0. FROM THERE, DIFFERENT METER SIZES ARE ASSIGNED A FEE BASED ON THE SERVICE UNIT EQUIVALENTS PROVIDED IN THIS TABLE HERE, WHICH ARE DEVELOPED USING THE SAFE MAXIMUM OPERATING CAPACITY FOR EACH METER SIZE AND TYPE AS PUBLISHED BY THE WHAT? THE A WWA AMERICAN WATER WATERWORKS WORKS ASSOCIATION. SO, SO I THINK THE REPORT ITSELF, I THINK KIND OF EXPLAINS WHERE THAT'S GOING. IT TALKS ABOUT EXISTING CAPACITY AND THAT MAXIMUM, UH, SAFE MAXIMUM OPERATING CAPACITY. SO AGAIN, I'M NOT THE EXPERT, SO I'M JUST GOING BY WHAT I'M READING IN THE REPORT AND WE'RE NOT EITHER, AND I, I'M JUST ECHOING WHAT I'VE, WHAT I RAN INTO WHEN I WAS ON THE CHURCH COMMITTEE FOR THAT CONSTRUCTION IS THAT WE WERE, WE WERE FACED WITH A RATHER HUGE IMPACT FEE WITH NO CHANGE IN DAILY USAGE. I THINK THE, BUT I THINK WHAT I UNDERSTAND CORRECTLY, I THINK WHAT, WHAT THE CHARGE IS, IS THAT WHAT IF THAT HAPPENED? YOU WANT TO BE ABLE TO BE PROVIDED ENOUGH WATER, SO THEREFORE THEY'RE CHARGING YOU FOR THAT SIZE. SO FOR EXAMPLE, IN THE REMOTE CHANCE THAT THERE WAS A FIRE AND YOU HAD TO USE THAT MUCH WATER, THEY WANT TO MAKE SURE THAT THE INFRASTRUCTURE THAT'S GO IS AVAILABLE TO BE ABLE TO PROVIDE YOUR, YOUR BUILDING WITH THAT AMOUNT OF WATER WITHOUT, YOU KNOW, VERSUS NOT CHARGING THE IMPACT FEE AND CHARGING US. AND THEY PUT A SMALLER INFRASTRUCTURE AND YOU DON'T GET THAT WATER. AND THEN THE OTHER SIDE OF THAT IS YOUR WHOLE BUILDING BURNS DOWN. I I THINK REMEMBER WHAT THE FEE IS FOR AS WELL. YEAH. THE CITY ALREADY HAS TO BUILD OUR FACILITIES TO A CERTAIN DEMAND. AND SO WHEN THERE ARE EXPANSIONS MADE THAT PUT ADDITIONAL, UM, ADDITIONAL NEEDS ON THE SYSTEM, THIS, THE IMPACT FEES ARE TO PAY FOR THAT ADDITIONAL DEMAND. SO AS THINGS HAPPENED, HAPPENED, THIS GOES FOR WATER IMPACT FEES OR ROAD IMPACT FEES OR PARK IMPACT FEES, ANY OF THOSE, THE, THE IDEA IS THAT AS THOSE DEMANDS ARE CREATED, THE FOLKS THAT ARE CREATING THE DEMAND ARE PAYING FOR THAT INFRASTRUCTURE. THAT'S REALLY WHAT THE IMPACT FEES ARE ABOUT. SO ONE WAY OR ANOTHER, THE, THE DETERMINATION IS MADE THAT, OKAY, THEY NEED A ONE INCH OR A ONE AND A HALF INCH, THEN THERE'S A COST TO THAT BECAUSE IT CREATES A DEMAND ON THE SYSTEM. SO WE'RE JUST BASICALLY THE CITY IS ASKING FOR CHURCH OR BUSINESS OR WHOEVER TO PAY FOR THAT, THAT THE, THE COST OF THAT DEMAND. AND I THINK THAT KIND OF, I HOPE THAT HELPS TO KIND OF PUT THE PERSPECTIVE ON, ON WHAT IT IS THIS DOCUMENT IS SUPPOSED TO DO. AND I'M, I'M FULLY ON BOARD WITH THAT. I WAS JUST TALKING ABOUT THE EXTRA UPSIZING FOR I GOT FOR FIRE AND SAFETY WHERE YOU'RE, YOU'RE REALLY NOT FLOWING THE WATER RIGHT ON A DAY-TO-DAY BASIS. BUT, AND, AND JUST TO CLARIFY, YOU KNOW, THIS IS, IT'S NOT JUST DEMAND, IT'S POTENTIAL DEMAND. RIGHT? YOU MAY NEVER ACHIEVE THAT LEVEL OF, OF DEMAND. IT'S THE POTENTIAL THAT EACH CONNECTION HAS COULD PUT ON THE SYSTEM THE POTENTIAL DEMAND. UM, YOU PAY FOR YOUR ACTUAL DEMAND EVERY MONTH [01:35:01] IN YOUR WATER BILL. THANK YOU. OKAY. WE GOOD? ARE YOU COMFORTABLE? SO I'VE GOT THE THREE POINTS AGAIN, PROJECTIONS AND LAND ASSUMPTIONS, CAPITAL IMPROVEMENTS APPEAR CORRECT. THE CALCULATIONS APPEAR TO BE CORRECT. TWO FOR THE IMPACT FEES AND COUNCILS LOOK, ENCOURAGE YOU TO LOOK AT THE PROJECTIONS FOR THE MUNICIPAL UTILITY DISTRICTS THAT ARE LOCATED IN THE ETJ. IS THAT YES. S THAT? YES. OKAY. DO YOU NEED A MOTION TO APPROVE? YES, PLEASE. I MAKE A MOTION. MAY MOTION. SECOND. SECOND. ANY OTHER DISCUSSION? MITCHELL? SECOND. THOSE IN FAVOR PLEASE INDICATE BY SAYING AYE A. AYE. THOSE OPPOSED, LIKE SIGNED. MOTION CARRIES. THANK YOU KAREN, FOR THE HELP. WE ARE [7. CONSENT] AT SEVEN A AND B, WHICH IS CONSENT AGENDA. UM, YOU NEED A MOTION TO APPROVE THE CONSENT? DO YOU WANT ME TO READ WHAT IT IS? ARE ARE THERE ANY QUESTIONS OR COMMENTS ON THE THE CONSENT AGENDA ITEMS? NO, NO QUESTIONS OR COMMENTS? YOU HAVE A MOTION TO APPROVE THE CONSENT AGENDA? I'D MAKE A MOTION TO APPROVE THE CONSENT AGENDA. THANK YOU MS. TIMS. SECOND. SECOND FROM JEFF. ANY OTHER DISCUSSION? ALL IN FAVOR PLEASE INDICATE BY SAYING A AYE, AYE. A DON'T SUPPOSE LIKE SIGN. MOTION CARRIES. AND WE'RE [a. Receive a report regarding action taken by City Council on planning and zoning items.] AT A, A DIRECTOR'S REPORT. MARTIN, THANK YOU. SO SINCE THE LAST MEETING, UH, CITY COUNCIL HAS, UH, COMPLETED THE ANNEXATION AND REZONING OF THE BAY CREEK DEVELOPMENT, UM, TO SF TWO, UM, THAT ONE I THINK WE'RE STILL WAITING ON THE DEVELOPMENT AGREEMENT FOR THAT. AND, AND THE, UH, THE PID THAT'S CORRECT. IT WAS JUST, UM, ACTUALLY IT WAS GONNA GO TO THIS CITY COUNCIL MEETING THIS THURSDAY, BUT NOW HAS BEEN PUSHED TO THE FIRST MEETING IN AUGUST. DID YOU SAY THAT? UM, SO, AND THEN, UH, WOULD YOU MIND ADVANCING THAT FOR ME? THANK YOU. UH, THE, UH, SENIOR LIVING FACILITY ON BLUE HERON EAST OF BARLOW. UH, THE REZONING TO MF ONE FOR THAT PROJECT WAS APPROVED AND THE SPECIAL USE PERMIT FOR THE CELL TOWER OUT AT, UH, NOW I GOTTA REMEMBER DECKER AND JAY? YES. JAY AVENUE. YES, SIR. JAY AVENUE. RIGHT. THAT, THAT WAS ALSO APPROVED, UH, BY CITY COUNCIL. AND THEN, UM, WE ALSO, FRANKIE, DID YOU WANNA GIVE A QUICK UPDATE ON THE, UH, COMP PLAN PROCESS SINCE YOU'RE HERE? QUICK, A QUICK UPDATE. AH, OKAY. TOWN . OKAY. UH, SO, UH, FRANCESCA LINDER PLANNING AND DEVELOPMENT SERVICES. UH, SO AS YOU KNOW, WE ARE CURRENTLY, UH, UNDERTAKING OUR CONFERENCE OF PLAN FOR 2040. SO WE HAVE COMPLETED THE FIRST CHAPTER OF THE PLAN. IT'S BASICALLY AN EXISTING CITY REPORT. SO YOU CAN GO ON OUR PROJECT PAGE, WHICH IS@BAYTOWNENGAGE.COM, WHICH IF YOU HAVEN'T BEEN, MAKE SURE YOU GO AND YOU REGISTER. THERE'S STUFF HAPPENING ON THERE ALL THE TIME. UH, IF YOU CAN GO TO OUR PAGE ON THERE, UM, OH, OH , SORRY. UH, ON BAYTOWN, ENGAGE, UH, AND YOU CAN SEE SOME OF THE UPDATES THAT WE'VE HAD GOING ON THE PROJECT AND YOU CAN, UH, CLICK THE LINK TO GO AND TAKE A LOOK AT OUR FIRST CHAPTER COM. I GUESS I COULD HAVE DONE THAT. . OH, YOU DON'T HAVE TO SIGN THEM. NO, NO, JUST SCROLL DOWN A LITTLE. THERE YOU GO. CONFERENCE PLAN 2040. YEAH, THANK YOU. YOU CAN GIVE IT A CLICK. OKAY. SO RIGHT HERE YOU CAN OPEN IT UP AND YOU CAN CHECK OUT OUR FIRST, UM, DRAFT HERE OF THE EXISTING CITY REPORT OF BAYTOWN. UM, THIS IS BASICALLY, LIKE I SAID, JUST THE EXISTING CITY, A SUMMARY. UM, TAKE A LOOK. IF YOU HAVE ANY COMMENTS, PLEASE LET ME KNOW. UM, YOU CAN SEND THEM, UM, THROUGH EMAIL OR YOU CAN POST THEM RIGHT ON BAYTOWN, ENGAGE WHATEVER YOU PREFER. UM, WE ALSO HAVE A COUPLE OTHER UPDATES ON HERE. FOR EXAMPLE, WE [01:40:01] HAD A POP-UP WORKSHOP AT STERLING MUNICIPAL LIBRARY, UM, WHICH WAS SUPER FUN. WE HAD IT UP THERE FOR ABOUT TWO WEEKS AND WE GOT A LOT OF PEOPLE TO POST A, A NOTE ON THE BOARD, LET US KNOW WHAT THEY THINK, UM, ABOUT BAYTOWN, PAST, PRESENT, FUTURE, AND A LUCKY WINNER WALKED AWAY WITH A FAMILY TICKET, UH, FAMILY PACK TICKETS TO PIRATES BAY WATERPARK. SO IT'S ALWAYS VERY FUN IN THE SUMMERTIME. SO IF YOU HAVE A FEW MINUTES, PLEASE GO AHEAD AND CHECK IT OUT AND SEE WHAT ELSE. UM, THE CITY OF BAYTOWN, HOW'S GOING ON? THINK THANKS FRANKIE. UH, I WAS GONNA GIVE YOU AN UPDATE, BUT SHE DID A MUCH BETTER JOB THAN I CAN DO. SO, UM, AND AS LONG AS UM, SHE'S STANDING THERE. I KNOW WE'VE GOT SOME, WE GOT A NEW FACE IN THE BACK OF THE ROOM. I MENTIONED THAT WE HIRED A NEW PLANNER. SO, TREVOR, WOULD YOU MIND, UH, COMING UP AND SHOWING EVERYBODY YOUR BRIGHT YOUNG FACE TO MAKE SURE EVERYBODY KNOWS HERE. THIS IS, UM, TREVOR HARLOW IS OUR NEW PLANNER TWO, UM, I ASSUME, UH, NO RELATION TO RICK, UH, . TREVOR, MAYBE YOU CAN GIVE HIM THE, THE 32ND INTRO. YEAH. HI, UH, MY NAME'S TREVOR HARLOW. I AM A PLANNER. TWO HERE. JUST STARTED, I'M ON ONE MONTH NOW. UH, ORIGINALLY FROM NEBRASKA, SO I MOVED HERE DOWN TO TEXAS. SO YEAH, THAT'S 30 SECONDS I THINK. OH, WELCOME. THAT'S ABOUT RIGHT. YEAH, WE'RE, WE'RE, WE'RE GLAD TO HAVE TREVOR. AND HE'S DOING A GREAT JOB SO FAR, AS FAR AS HE KNOWS. , HE'S A GOOD SPORT. SO THANKS TREVOR. UM, THE, LET'S SEE, DO I HAVE ANYTHING ELSE? UH OH. I WANTED TO THANK YOU FOR BEING PATIENT WITH THE, WE'RE WE'RE KIND OF TRYING SOME THINGS WITH THE AGENDA. UM, AS YOU NOTICED, WE LUMPED SOME OF OUR PLATS TOGETHER TONIGHT. THAT'S KIND OF NEW. AND THE REASON FOR THAT IS WE STARTED OUT WITH, UH, WHAT, 27 PLATS. I THINK AT BE AT THE BEGINNING OF THE MONTH. YOU, YOU'LL NOTICE NORMALLY WE SEE SIX, SEVEN, MAYBE EIGHT. SO WE, AS WE LOOKED AT HOW WE WERE GONNA ADDRESS THOSE, WE DID, WE PUSHED A COUPLE OFF TO NEXT MONTH, UM, BECAUSE THEY WEREN'T READY. AND, UM, WE ARE ABLE TO PUT THOSE FINAL PLATS INTO THE CONSENT AND AGENDA THAT, BUT OTHERWISE, HOW DO WE KINDA ROLL THROUGH THESE QUICKLY IF WE PRESENT EACH ONE OF THESE PRELIMINARY PLATS ON ITS OWN? NUMBER ONE, IT'S TEDIOUS. NUMBER TWO, EVERYBODY GETS BORED. AND NUMBER THREE, UH, IT JUST, IT JUST TAKES FOREVER. SO, UM, SO IF YOU'RE ALL KIND OF OKAY WITH THE WAY WE PRESENTED IT TONIGHT, IF WE GET OTHER GROUPINGS LIKE THAT, STAFF WOULD LIKE TO CONTINUE DOING IT THAT WAY. SO I HOPE THAT THAT MAKES SENSE TO EVERYBODY AND DOESN'T CONFUSE THE PROCESS. SO, UM, AND WE'LL, WE'LL, WE'LL DO OTHER THINGS LIKE THAT WITH THE AGENDA TO TRY AND KEEP THINGS MOVING WELL, UM, UH, THROUGH THESE MEETINGS. SO, UM, I THINK THAT WAS IT. I THINK THAT'S ALL I HAD, SO THANK YOU. THAT'S MY REPORT. THAT'S THE END OF OUR AGENDA AND WE ARE ADJOURNED. OKAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.