May 10, 2022 BOARD OF ADJUSTMENT

GONNA READ THE, UH, PUBLIC HEARING PROCEDURES AND WE ACTUALLY HAVE TWO PUBLIC HEARINGS THIS MORNING.

ITEM FOUR A AND I'M

[a. Consider the election of a Chairperson and a Vice-Chairperson of the Board of Adjustment in accordance with Section 2-545 of the Code of Ordinances, Baytown, Texas.]

, DO YOU WANT TO TAKE CARE OF THE BUSINESS ITEM FIRST? MR. CHAIR? YES, SIR.

SORRY, I GET IN HERE AND FORGET WHAT I'M SUPPOSED TO BE.

THAT'S OKAY.

YOU DO EITHER WAY, BUT NO, NO, NO, NO, NO.

ITEM THREE A, UH, WE NEED TO ELECT THE CHAIRPERSON AND VICE CHAIRPERSON OF THIS BOARD OF ADJUSTMENT IN ACCORDANCE WITH SECTION 2.2 DASH 5 45 OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN.

I WOULD, UH, REQUEST THAT SOMEBODY MAKE A MOTION FOR PRESIDENT AND VICE PRESIDENT BARB, MR. WILSON, UH, I WOULD, UH, IT WOULD BE MY PLEASURE TO NOMINATE YOU RETURNING AS OUR CHAIR AND MR. SANTANA AS OUR VICE CHAIR IF IT, I'M FREE TO COMBINE.

YES, YOUR HONOR.

THOSE NOMINATIONS INTO ONE MOTION.

ANY DISCUSSION? JUST Y'ALL, Y'ALL DON'T GET TO DISCUSS THAT.

SORRY, .

WELL, OKAY, WELL DONE.

ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALL RIGHT.

WE HAVE THE SAME CHAIRPERSON AND VICE CHAIRPERSON AND THE SALARY, I ASSUME STAYS THE SAME TRIPLE, UNFORTUNATELY.

UH, ITEM FOUR A IS TO CONDUCT A PUBLIC HEARING, CONSIDER A REQUEST REGARDING A SPECIAL EXCEPTION PROPERTY CONSISTING OF APPROXIMATELY 1.10 ACRES AT 27 11 NORTH MAIN, HERE IN BAYTOWN HARRIS COUNTY.

FOR YOU ON THE OUTSIDE, THAT'S ZERO .

ALRIGHTY.

[a. Conduct a public hearing and consider a request regarding a special exception for property consisting of approximately 1.10 acres located at 2711 North Main Street, Baytown, Harris County from the Unified Land Development Code (ULDC), Article II, Division 3, Section 2.10 Land Use Conditions, condition A40, requesting a reduction from the required building setback and the required vegetative buffer for a warehouse use in a General Commercial Zoning District.]

AND THIS REQUEST IS FOR AN EXCEPTION FROM THE ULDC.

UH, ARTICLE TWO DIVISION THREE, SECTION 2.10, LAND USE CONDITIONS CONDITION A 40.

AND IT'S REQUESTING A REDUCTION FROM THE BUILDING, REQUIRED BUILDING SETBACK AND THE REQUIRED VEGETATED BUFFER FOR A WAREHOUSE USE IN A GENERAL COMMERCIAL DISTRICT.

AND OUR RULES SAY THAT, UM, I'M GONNA READ, I'M GONNA READ THIS ONE TIME, EVEN THOUGH WE HAVE TWO PUBLIC HEARINGS, AND FOR THOSE THAT HAVE SIGNED UP TO SPEAK, PLEASE BE MINDFUL THAT EACH SPEAKER IS LIMITED TO THREE MINUTES FOR THEIR COMMENTS AND TO PLEASE BE CONCISE AND SPECIFIC.

UH, THE PUBLIC HEARING, THESE PUBLIC HEARINGS ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD.

EVERYONE DESIRING TO SPEAK.

TODAY'S MEETING SHOULD HAVE ALREADY SIGNED IN, AS I SAID, AND THE LIST WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING.

EACH SPEAKER, WE WOULD REQUEST TO GIVE YOUR, HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THE HEARING.

UH, THE RULES ALLOW EACH FIGURE THREE MINUTES, AS I SAID.

HOWEVER, I ENCOURAGE EVERYONE TO BE BRIEF AND TO THE POINT AGAIN.

UH, AND IF THERE IS A GROUP HERE, PERSONS WISHING TO ADDRESS THE BOARD ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.

AND IF ANYONE HAS ANY QUESTIONS AS WE GO THROUGH THE PUBLIC HEARING, ADDRESS THEM TO ME AND I'LL PROVIDE THE BEST I CAN.

UH, HAVING SAID ALL THAT, UM, WHERE'D YOU GO? UM, LET US, UH, UH, SUMMARIZE, UH, NUMBER FOUR A, UH, FOR THIS SPECIAL EXCEPTION REQUEST.

ABSOLUTELY.

PERFORMANCE OR COMPATIBILITY.

UM, MY NAME'S MARTIN SCRIBNER, UH, FOR THE RECORD.

AND I AM, UH, WITH, UH, PLANNING AND DEVELOPMENT SERVICES FOR THE CITY OF BAYTOWN.

SO, UM, WHAT WE HAVE TODAY IN FRONT OF YOU IS A SPECIAL EXCEPTION.

SOME OF YOU HAVE NEVER SEEN A SPECIAL EXCEPTION, AND THE REST OF YOU PROBABLY HAVEN'T SEEN ONE IN MORE THAN A COUPLE MINUTES.

SO WHAT I'D LIKE TO DO IS TAKE ABOUT FIVE MINUTES AND JUST MAKE SURE EVERYBODY KIND OF UNDERSTANDS WHAT WE'RE LOOKING AT AND WHAT IT IS, UM, WE'RE ASKING, UH, FOR THE BOARD TO, TO DECIDE ON.

SO THAT SAID, IN OUR, UH, OUR UNIFIED LAND DEVELOPMENT CODE, UM, SPECIAL EXCEPTION IS DEFINED AS WHERE THE, UH, DEVELOPER BUILDER WANTS TO DEVIATE FROM THE STANDARDS THAT WE HAVE IN PLACE FOR BOTH

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PERFORMANCE IS THINGS LIKE, UM, EITHER NOISE OR LIGHTS, THINGS OF THAT NATURE WHERE SOMETHING'S TAKING PLACE.

UM, AND COMPATIBILITY STANDARDS ARE MORE, WE WANT TO MAKE SURE THAT EVERYBODY, UH, ALL THE LAND USES IN THE AREA, EVERYTHING IS, IS COPACETIC AND, AND CAN KIND OF SHARE THE SAME SPACE.

SO, UH, THIS AGAIN, SO IT BE COMPATIBLE WITH SURROUNDING LAND USES, IT NEEDS TO BE IN KEEPING WITH THE PUBLIC INTEREST AND CONSISTENT WITH THE ULDC.

SO SPECIFICALLY, THERE ARE FOUR CRITERIA IN ORDER TO, UH, GRANT A SPECIAL EXCEPTION.

SO THESE ARE THE THINGS THAT, UM, STAFF WILL BE GONNA KEEP COMING BACK TO IN TERMS OF WHAT THE BOARD NEEDS TO KEEP IN MIND.

SO THOSE CRITERIA ARE, UH, TO ENSURE THE, THE SAME LEVEL OF, OF COMPATIBILITY WITH THE OTHER, UH, NEIGHBORING PROPERTIES, UH, THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT ADJACENT LAND USES SPECIFICALLY, UH, BECAUSE OF INADEQUATE BUFFERING SCREENING, SETBACKS, LANDSCAPING, THINGS OF THAT NATURE, UH, THAT IT WILL NOT ADVERSELY AFFECT PROPERTY VALUES.

AND THAT, AGAIN, CONSISTENT WITH THE PURPOSE AND INTENT OF THE UNIFIED LAND DEVELOPMENT CODE.

SO, IN THE GRANTING OF A SPECIAL EXCEPTION IN OUR CODE, IT DOES GIVE THIS BOARD THE ABILITY TO IMPOSE CONDITIONS, UM, AS YOU'RE CONSIDERING APPROVAL OF A SPECIAL EXCEPTION.

SO THESE ARE JUST EXAMPLES.

THIS IS NOT AN EXHAUSTIVE LIST.

UM, IT COULD BE, YOU CAN LIMIT THE SIZE OF THE BUILDING OR WHERE IT'S LOCATED ON THE PROPERTY.

UH, IT COULD BE THAT YOU ARE IMPOSING, UM, ADDITIONAL LANDSCAPING OR SCREENING.

UH, WE, WE COULD BE TALKING ABOUT THE LIGHTING ON THE SITE OR HOW, UH, IN AND OUT OF THE SITE, AND ALSO WE COULD LIMIT THE DURATION OF THE PERMIT OR THE HOURS OF OPERATION.

SO KEEP THOSE IN MIND AS WE GO THROUGH THE, THE TWO SPECIAL EXCEPTIONS THAT ARE ON YOUR AGENDA TONIGHT.

UM, WHAT ELSE DOES THAT MEAN? IT MEANS THAT THE SPECIAL EXCEPTION, MUCH LIKE A VARIANCE RUNS WITH THE LAND, OKAY, SO IF, IF THE PROPERTY'S SOLD, DOES IT STILL COUNTS, AND IT'S SPECIFIC TO THE REQUEST, WHICH MEANS THAT IF THEY MAKE ANY CHANGES TO THIS LATER ON DOWN THE ROAD, THEY HAVE TO COME BACK TO MATERIAL CHANGES, I SHOULD SAY.

UM, THEN THEY WOULD HAVE TO COME BACK TO THIS BOARD IN ORDER TO, TO GET THAT APPROVED.

UM, THE BUILDING PERMIT HAS TO BE APPROVED WITHIN 12 MONTHS OF THE SPECIAL EXCEPTION APPROVAL.

AND, UH, IF NEEDED, THE BOARD CAN GRANT ONE EXTENSION OF ONE YEAR.

SO HOW IS THIS DIFFERENT FROM VARIANCE? YOU GUYS HAVE SEEN A BUNCH OF VARIANCE AS YOU KIND OF KNOW WHAT THAT ENTAILS.

HOW IS THIS DIFFERENT FROM A VARIANCE? FIRST OFF, THE CRITERIA FOR APPROVAL ARE DIFFERENT BETWEEN, UH, A VARIANCE AND A SPECIAL EXCEPTION.

I'M GONNA CLOSE THIS DOOR SO WE DON'T HAVE THE, UH, HEAVY, HEAVY MACHINERY NOISE GOING ON OUT THERE.

UM, SO THE APPROVAL CRITERIA ARE DIFFERENT FROM A VARIANCE TO A SPECIAL EXCEPTION.

THE, THE, THERE ARE TWO MAIN DIFFERENCES.

ONE IS THAT THE SPECIAL EXCEPTION IS NOT AS SPECIFIC TO THE, THE PHYSICAL CHARACTER OF THE LAND, LIKE A VARIANCE IS.

SO THIS HAS LESS TO DO WITH HOW THE LOT IS SHAPED THAT COULD ENTER INTO IT, BUT IN A VARIANCE, THAT'S A VERY BIG PART OF IT.

IN THE SPECIAL EXCEPTION, IT'S, IT'S A MUCH SMALLER, UH, PIECE OF THE, OF THE EQUATION.

BUT THE BIG ONE IS THERE'S NO HARDSHIP CRITERIA ON A SPECIAL EXCEPTION.

SO, UM, IN ESSENCE, IT'S A LITTLE EASIER TO MEET THE, THE BURDEN OF, OF NEED FOR THE SPECIAL EXCEPTION.

UM, AND IT'S ALSO SPECIFIC TO, AGAIN, I MENTIONED THOSE PERFORMANCE OR COMPATIBILITY STANDARDS EARLIER, IT'S SPECIFIC TO THOSE.

SO WE'RE NOT GONNA GET INTO, YOU KNOW, DRAINAGE OR THINGS OF THAT NATURE THAT THAT'S, THAT WOULD NOT BE PART OF THIS, UH, CONVERSATION.

SO, AND THEN THE OTHER THING YOU GUYS SEE IS, IS APPEALS.

HOW IS THIS DIFFERENT FROM AN APPEAL? WELL, IT AGAIN, SPECIFIC TO PERFORMANCE STANDARDS OR COMPATIBILITY STANDARDS, BUT ALSO THE BIG ONE.

UM, THIS IS NOT ABOUT HOW THE CODE WAS INTERPRETED OR HOW THE PROCEDURE WAS HANDLED, THINGS LIKE THAT.

THIS IS SPECIFIC TO THE, THE FOUR CRITERIA THAT, THAT WERE LISTED OUT.

AND AS I GO THROUGH THE, THE PRESENTATION, I'LL HIT EACH ONE OF THOSE CRITERIA INDIVIDUALLY AND GIVE YOU STAFF'S, UM, RECOMMENDATION ON EACH ONE OF THOSE.

OKAY, SO LET'S GET BACK TO THE ACTUAL, UH, REQUESTS.

THIS IS AT 27 11 NORTH MAIN.

AND THIS IS, UH, WHAT IS BEING RE REQUESTED IS A REDUCTION FROM THE BUILDING SETBACKS FOR A WAREHOUSE IN A GENERAL COMMERCIAL DISTRICT THAT, UH, SETBACK IS A HUNDRED FEET ON ALL SIDES.

UH, THIS SITE IS A LITTLE BIT OVER AN ACRE, SO A HUNDRED FOOT ON ALL SITES WOULD PRETTY MUCH MAKE THE, UH, THE SITE NON BUILDABLE AND, UH, THE REQUIRED VEGETATIVE BUFFER, WHICH IS 50 FOOT ON ALL SIDES.

AND SO WHAT THE APPLICANT IS

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REQUESTING IS 25 FOOT SETBACKS WITH AN ADJUSTED VEGETATIVE BUFFER TO FIT WITHIN THAT 25 FEET, AS WELL AS A SEVEN FOOT OPAQUE FENCE.

SO HERE IS THE SITE ITSELF.

THIS IS, UH, YOU CAN SEE NORTH MAIN, UH, JUST TO THE EAST.

AND, UH, WHAT YOU CAN'T SEE IS JUST SOUTH OF THAT IS 1 46.

UM, SO YOU CAN SEE THAT ADJACENT.

I'M GONNA USE MY MOUSE HERE TO POINT.

UM, YOU CAN SEE THE ADJACENT LOT IS, UH, U-HAUL AND SELF STORAGE FACILITY THAT IS OWNED BY THE SAME PROPERTY OWNERS AS THE ONES WHO ARE, ARE YOUR APPLICANTS TODAY.

YOU CAN SEE THAT THERE'S SOME COMMERCIALS TO THE NORTH.

THERE IS, UH, WELL ESTABLISHED NEIGHBORHOODS TO THE WEST AND THEN NORTH MAINE, OF COURSE, YOU ALL KNOW THAT NORTH MAINE IS A, IS A PRETTY HEAVILY TRAVELED, UH, THOROUGHFARE, UH, ADJACENT TO THE SITE AS WELL.

SO WE'LL ZOOM IN ON THAT JUST A LITTLE BIT.

UM, AGAIN, THE PROPOSED USE IS A SMALL WAREHOUSE, UH, 12 AND A HALF THOUSAND SQUARE FEET.

UM, THIS IS OWNED BY U-HAUL.

IT IS WHAT THEY REFER TO AS THEIR, THEY'RE MARKETED AS A U BOX, WHICH IF YOU'VE EVER SEEN PODS, IT'S KIND OF LIKE THAT.

THEY GIVE YOU A SHIPPING CONTAINER, YOU FILL IT UP, THEY HAUL IT FOR YOU, AND THEN YOU EMPTY IT.

SO, UM, THIS WOULD BE A WAREHOUSE TO STORE THOSE BOTH, UH, EMPTY OR FULL OF PEOPLE'S BELONGINGS AND ROTE TO A, UH, TO A FINAL DESTINATION.

AND YOU CAN SEE AGAIN, THIS WOULD BE VERY CLOSE TO, UH, THE SELF-STORAGE SITE.

AND, UH, THERE IS A BUILDING HERE NOW, UH, THAT, UH, THE APPLICANT HAS INDICATED THAT THAT BUILDING WOULD BE REMOVED AND THERE WOULD BE PARKING IN THAT AREA, BOTH FOR VEHICLES, BOTH FOR, UH, PASSENGER VEHICLES AND FOR U-HAUL TRUCKS.

AS YOU CAN SEE HERE IS THE PROPOSED SITE PLAN.

UM, THIS DOES SHOW 25 FOOT SETBACKS AS WELL AS SOME LANDSCAPING ALONG HERE.

UM, THIS DOES NOT SHOW THE LANDSCAPING THAT'S RECOMMENDED BY STAFF.

UM, SO THIS IS JUST KIND OF CONCEPTUAL.

YOU CAN SEE THAT THE BUILDING IS HERE WITH A LOADING DOCK ON THIS SIDE OF THE BUILDING ON THE SOUTH SIDE OF THE BUILDING, AS WELL AS THIS OPEN PAVED AREA, PARKING, AND YOU CAN SEE THE MAIN STREETS HERE AS WELL AS THE HARALD LANE HERE.

ZONING FOR THE PROPERTY IS GENERAL COMMERCIAL AS WELL AS THE PROPERTY TO THE NORTH, TO THE SOUTH, AND TO THE EAST.

THOSE ARE ALL, UH, ZONED.

AS GENERAL COMMERCIAL, THE PROPERTIES TO THE WEST ARE ZONED SINGLE FAMILY, UH, MIXED RESIDENTIAL LOW TO MEDIUM DENSITY SF TWO.

SO HOW DOES THAT AFFECT THE, THE APPLICANT'S REQUEST? WELL, WAREHOUSE USE IS NORMALLY SOMETHING THAT IS ALLOWED IN A LIGHTENED INDUSTRIAL DISTRICT IN AN ALLY.

IT IS ALSO ALLOWED IN THE GENERAL COMMERCIAL ZONE, BUT IT ADDS ABOUT 11 CONDITIONS TO THAT.

UM, MANY OF THEM ARE FAIRLY EASY TO, FOR THE, UH, FOR THE APPLICANT TO MEET, WHICH ARE THINGS LIKE, WHERE DOES THE DOCKING BASE GO IN RELATION TO THE ROADWAYS? WHERE, UH, HOW, HOW HIGH CAN THE BUILDING, HOW TALL CAN THE BUILDING BE? WHETHER THE ROADWAY ITSELF, UM, OR, OR EXCUSE ME, WHETHER THE USE HAS TO BE LOCATED ON AN ARTERIAL, UM, MAJOR STREET, THINGS LIKE THAT.

SO THE APPLICANT DOESN'T HAVE ANY PROBLEMS MEETING NINE OF THE 11 CONDITIONS.

THE TWO THAT, UH, BECOME A PROBLEM ARE THAT MINIMUM BUILDING SETBACK OF A HUNDRED FOOT.

UH, WITHIN THE SETBACK THERE'S 50 FOOT OF OPEN SPACE AND 50 FOOT OF VEGETATIVE BUFFER.

AND THEN THE OTHER CONDITION IS IF THE WAREHOUSE EXCEEDS 10,000 SQUARE FEET, THEN THEY HAVE TO ALSO ADHERE TO THE LIGHT INDUSTRIAL VEGETATIVE BUFFER THAT'S FOUND IN ANOTHER PART OF OUR CODE.

UM, THAT VEGETATIVE BUFFER IS ESSENTIALLY A 50 FOOT VEGETATIVE BUFFER THAT'S ALREADY KIND OF LISTED THERE, AND IT LOOKS ABOUT LIKE THAT.

SO IT JUST KIND OF, UM, LISTS OUT WHERE, WHAT YOU NEED TO HAVE AS IN TERMS OF SMALL TREES, LARGE TREES, SHRUBS, UM, IN THAT 50 FOOT.

THE FUTURE LAND USE MAP IN OUR COMPREHENSIVE PLAN SHOWS THIS AS A GENERAL COMMERCIAL AS WELL AS TO THE SOUTH, TO THE NORTH TO THE EAST, AND MOST OF THE PROPERTY TO THE WEST.

UM, AND, AND THAT'S RELEVANT BECAUSE THE, UH, THE PROPERTY TO THE WEST IS RIGHT NOW RESIDENTIAL, BUT LONG TERM THAT IS SLATED TO BECOME, UH, COMMERCIAL OVER TIME.

NOW IT MAY BE 10 YEARS, IT MAY BE 30 YEARS, IT MAY BE 50 YEARS, BUT EVENTUALLY THAT'S WHAT THE, THE, THE FUTURE MANUS MAP'S CALLING FOR.

GOOD QUESTION THERE, SIR.

YES, SIR.

THAT MEANS THE HOUSES GET TORN DOWN, EVENTUALLY REZONED, IT WOULD HAVE TO BE REZONED, AS YOU MENTIONED.

RIGHT NOW IT IS ZONED SF TWO, SO THERE ARE NO, I DON'T WANNA MAKE IT SOUND LIKE THERE ARE PLANS TO CHANGE ANYTHING.

SURE THEY'RE NOT.

AS THOSE PROPERTIES

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SAY THE HOUSES BECOME OLD AND, AND ARE NO LONGER NEEDED, THEN THOSE HOUSES WOULD GO AWAY AND THEN IT COULD BE REZONED TO COMMERCIAL BY, UH, BY A FUTURE OWNER OF, OF PROPERTIES THERE, SOMEBODY WHO WANTED TO COME IN AND, AND REDEVELOP.

WE DO NOT HAVE ANYTHING LIKE THAT ON THE BOOKS AT THIS TIME.

SO I'LL BE REAL CLEAR ON THAT.

THERE ARE NO PLANS TO CHANGE ANYTHING, BUT AS THINGS CHANGE, THAT'S WHAT IT WOULD BE LOOKING AT.

SO, UM, JUST TO SHOW YOU A FEW PICTURES OF WHAT THE SITE LOOKS LIKE IN THE SURROUNDING AREA.

SO YOU HAVE A CLEAR SHOT OF THIS.

UM, AS YOU CAN SEE, THE BOTTOM RIGHT HAND CORNER IS THE AERIAL WITH THE SITE IN THE MIDDLE AND THE, UM, DOT AND THE ARROW SHOW WHERE THE PICTURE WAS TAKEN FROM AND WHAT DIRECTION, UH, THE PERSON WAS AIMED WHEN THEY TOOK THE PICTURE.

SO THAT IS THE SITE FROM THE NORTH SIDE, LOOKING SOUTH, OBVIOUSLY IT'S A LITTLE WARPED PANORAMIC PICTURE, BUT TO GET THE ENTIRE, UH, SITE IN THERE, UM, THIS IS ALONG THE SOUTHERN EDGE OF THE PROPERTY LOOKING WEST, AND YOU CAN SEE THE SELF-STORAGE, UH, JUST RIGHT THERE TO THE, THE LEFT EDGE.

THIS IS LOOKING BACK NORTH FROM THAT SAME CORNER ALONG MAIN STREET.

AND YOU CAN SEE THAT THAT HEAVILY TRAVELED, UH, THOROUGHFARE THERE.

THIS IS FROM THE SOUTHWEST CORNER.

LOOKING BACK NORTHEAST, UH, AT THAT, THAT SAME SITE, THIS IS FROM THE NORTHWEST CORNER, LOOKING BACK AT THE SITE, UH, TO THE SOUTHEAST.

AND THEN THE NEXT THREE PHOTOS ARE GONNA SHOW YOU KIND OF MORE WHAT THE, WHAT THE AREA NEARBY LOOKS LIKE.

SO THAT IS FROM THE SAME NORTHWEST CORNER.

LOOKING BACK SOUTH, YOU CAN SEE THE HOUSES ARE VERY CLOSE, UH, TO THAT SITE.

UH, THAT'S, THAT'S STATE STREET.

STATE STREET.

THAT IS STATE STREET, THAT'S CORRECT.

AND THEN THIS IS LOOKING BACK NORTH UP STATE STREET AGAIN, JUST KIND OF SEEING THE ESTABLISHED NEIGHBORHOOD THAT IS VERY CLOSE TO THE SITE.

AND THEN LOOKING BACK, UM, MORE TOWARDS THE EAST ALONG HAROLD, UH, WHERE YOU CAN SEE THERE'S A COUPLE OF BUSINESSES, UH, ON THAT NORTH SIDE OF THE ROADWAY AS WELL.

COMMERCIAL, UH, COMMERCIAL USES.

SO STAFF FEELS THAT THE SPECIAL EXCEPTION HAS SOME MERIT.

UM, BUT WE ARE RECOMMENDING SOME ADDITIONAL BUFFERING.

SO, UH, BECAUSE WE DON'T HAVE A HUNDRED FEET TO WORK WITH OR THE APPLICANT IS ACT ASKING FOR 25, WE FEEL THAT THIS, UH, THE RECOMMENDED BUFFERING, WHICH I'M GONNA GO THROUGH HERE, UM, WOULD PROVIDE THE ADEQUATE, UH, BUFFERING AND FROM, FROM THE NEIGHBORS.

SO ON THE WESTERN SIDE OF THE PROPERTY, THAT'S WHERE ALL THE, THOSE, UM, SINGLE FAMILY HOMES ARE.

UM, IN THE CODE THERE IS WHAT WE CALL A TRANSITION BUFFER ZONE, THAT TRANSITION BUFFER ZONE.

UM, IT CONSISTS OF A 10 FOOT WIDE VEGETATIVE BUFFER WITH ONE ROW OF FAST GROWING EVERGREEN TREES.

WHAT WE'RE RECOMMENDING, BECAUSE IT'S SO CLOSE TO THOSE HOMES, WE'RE RECOMMENDING A DOUBLE OF THAT TRANSITION BUFFER ZONE.

SO 20 FOOT WIDE BUFFER WITH TWO ROWS OF EVERGREEN TREES.

THAT WOULD BE A MINIMUM OF 16 FOOT TALL AND 10 FOOT WIDE, UM, ONCE THEY'RE MATURE.

BUT WE FEEL THAT THIS WOULD PROVIDE A PRETTY GOOD BUFFER, UH, BOTH VISUALLY AND SOUND AND LIGHT FROM THAT SITE.

UM, ONCE THOSE ARE MATURE, UM, STAFF ALSO RECOMMENDS A SEVEN FOOT WOOD OR MASONRY FENCE.

UH, TO GO ALONG WITH THAT, THE FENCE WOULD BE ON THE INSIDE OF THE, THE, UH, VEGETATION.

SO THE LANDSCAPING WOULD BE WHAT YOU WOULD SEE.

AND THEN THE FENCE WOULD PROVIDE, UM, MORE OF THE BUFFERING AS WELL, OR SCREENING.

SO THIS IS, UH, ROUGHLY THE SITE AND YOU CAN SEE THAT THAT 20 FOOT, UH, ALONG THE WESTERN SIDE WOULD LOOK ABOUT LIKE THAT.

YOU CAN SEE THE DASH LINE IS THE, UM, ROUGHLY WHERE THE FENCE WOULD BE ON THE WESTERN HALF OF THE NORTHERN SIDE OF THE PROPERTY.

SO AGAIN, I'LL, I'LL KIND OF COME BACK TO THAT, WHERE THE, BASICALLY ALONG THE, WHERE THE BUILDING IS GOING TO GO ON THAT WESTERN HALF STAFF RECOMMENDS A, THE, JUST A STRAIGHT TRANSITION BUFFER ZONE.

SO 10 FOOT WIDE VEGETATIVE BUFFER WITH ONE ROW OF EVERGREEN TREES, ALONG WITH THAT SEVEN FOOT WOODED MASONRY FENCE.

SO, UH, THAT WOULD LOOK ROUGHLY LIKE THAT.

AGAIN, THIS IS NOT TO SCALE.

SO, UM, SO YOU'RE SAYING THAT ON THE RESIDENTIAL SIDE? CORRECT.

SO WHY WOULDN'T IT BE THE, THAT'S OUR EAST RIGHT HERE SIDE.

THIS SIDE HERE ALONG STATE STREET.

THAT'S WHERE THE RESIDENTIAL IS.

THAT WOULD BE THAT DOUBLED BUFFER ZONE.

THIS WOULD BE A SINGLE UP HERE, BECAUSE WHILE IT DOES STILL KIND OF, IT IS VISIBLE FROM SOME OF THE RESIDENTIAL, IT'S NOT AS CLOSE AND ACROSS THE STREET, ACROSS HARALD LANE IS, UH, ADDITIONAL

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THAT'S THE SOUTH SIDE? THAT'S THE NORTH SIDE.

THIS IS, I MEAN, THE NORTH SIDE NORTH IS UP.

YEP.

I WAS CONFUSED WHEN YOU SAID WEST, SO I'M GOOD.

SORRY ABOUT THAT.

NO, YOU'RE FINE.

THIS WOULD BE WEST OVER HERE.

THIS NORTH.

SO IS THE GOAL, I MEAN, THE WHOLE POINT TO NOT SEE THE BUILDING, UH, CORRECT AS MUCH AS AS MUCH AS POSSIBLE.

THAT'S WHAT THE CODE REQUIRES.

THE, SO THE CODE, UM, THE CODE REQUIRES A A HUNDRED FOOT BUFFER.

I GOT, I GOT THE CODE PART, BUT I'M JUST SAYING THE, THE, THE EVEN A HUNDRED FOOT BUFFER DOESN'T HIDE A BUILDING.

IN FACT, YOU CAN SEE IT MORE CORRECT.

WHEN IT'S A HUNDRED FEET AWAY.

CORRECT.

SO I'M JUST TRYING TO UNDERSTAND THE REASON FOR THE NORTHERN EDGE BUFFER ZONE IS JUST BECAUSE IF YOU'RE COMING DOWN THAT STREET FROM RESIDENTIAL, YOU CAN STILL SEE IT.

YES, THAT'S CORRECT.

THERE STILL IS, UM, THE POTENTIAL FOR EITHER NOISE OR LIGHT OR JUST SEEING THAT COMMERCIAL BUILDING FROM THE HOMES THAT ARE MORE UP IN HERE.

AND I CAN KIND OF BACK UP.

RIGHT NOW THEY SEE THE BACK END OF A STORAGE FACILITY RIGHT AT THAT'S CORRECT.

SO AS YOU CAN SEE OVER HERE, AS, AS I'M, AS WE PUT THAT BUFFER HERE, THAT'S GONNA HELP TO, TO UH, UH, KIND OF SOFTEN THE B THE, UM, THE IMPACT FROM THESE NEIGHBORS UP HERE.

THESE GUYS OVER HERE AREN'T GONNA HAVE AS BIG A, AN ISSUE BECAUSE THEY'RE COMMERCIAL, BUT WE WANT TO MAKE SURE WE'RE TAKING, PAYING EXTRA SPECIAL ATTENTION TO THESE RESIDENTIAL PROPERTIES.

DID I MISS, UH, HOW TALL IS THIS BUILDING? 43 FEET, I BELIEVE.

I DON'T SEE IT.

4 43 FEET.

YOU GONNA SEE IT? I DIDN'T REMEMBER SEEING THAT.

YEAH, THERE, THERE'S NO WAY TO, TO COMPLETELY OBSCURE IT FROM VIEW.

UM, BUT THIS IS WHAT WE FEEL, AGAIN, THIS WAS, UH, THE TRANSITION BUFFER THAT COMES OUT OF THE CODE.

SOMETHING THAT STAFF FELT THAT THIS WAS THE, THIS WAS THE TRADE OFF IN ORDER TO HAVE THE, THE SMALLER SETBACKS.

LET, LET ME GO AHEAD AND GET THROUGH THE REST OF IT.

QUESTION.

YEAH, I'M JUST GONNA SAY THERE'S, THERE'S, THERE'S NO TRADE OFF.

YOU, YOU CAN EITHER BUILD SOMETHING THERE OR YOU CAN'T, YOU KNOW, IN TERMS OF, IN TERMS OF A WAREHOUSE? YEAH, I MEAN ANYTHING.

I MEAN, IF YOU'RE GONNA A HUNDRED FOOT SETBACK, SO I'LL, I'LL CLARIFY ON THAT.

THE A HUNDRED FOOT SETBACK IS SPECIFIC TO WAREHOUSE IN A GC.

IF THEY WANTED TO PUT SOMETHING ELSE THERE, IT WOULD BE A 25 FOOT SETBACK IN GC.

IN GC.

SO SAY IT WAS ONE OF THESE OTHER COMMERCIAL USES THAT'S ON THE NORTH SIDE.

YEAH, THAT WOULD BE A 25 FOOT SETBACK.

SO THE WAREHOUSE TRIGGERS THE A HUNDRED FOOT? THAT IS CORRECT.

I APOLOGIZE FOR NOT MAKING THAT CLEAR.

NO, YOU PROBABLY DID.

IT'S ALL RIGHT.

SO ALONG THE EASTERN HALF OF THE NORTHERN SIDE OF THE PROPERTY AND JUST ON THE EAST SIDE OF THE PROPERTY IS ALL ALONG MAIN STREET.

UM, THERE ARE STREET SCAPE REQUIREMENTS THAT ARE FOUND IN CITY CODE.

WE WOULD RECOMMEND THAT THOSE BE ADHERED TO.

THAT KIND OF HAS TO BE DONE ANYWAY.

SO, UM, THAT WOULD SHOW A SIX FOOT WIDE STREET SCAPE ALONG HAROLD LANE AND A 12 FOOT WIDE STREET SCAPE ALONG THE, UH, NORTH MAIN.

AND THAT WOULD LOOK ROUGHLY LIKE THAT, WHERE YOU CAN SEE THAT, UH, THE ARTERIAL STREET SCAPE HAS A LITTLE BIT MORE, UH, LITTLE BIT MORE VEGETATION TO IT.

UM, YOU CAN SEE THE, THE, UH, LARGE TREES, SMALL TREES AND SHRUBS, KIND OF HOW THAT, HOW THAT WORKS OUT.

AND RIGHT NOW THERE'S NOTHING THAT'S CORRECT, BUT IN ORDER TO BUILD ON THAT SITE, THIS WOULD HAVE TO BE DONE EITHER WAY.

RIGHT? MY MY POINT BEING IT ACTUALLY ADDS NICENESS.

CRITERIA NUMBER TWO, UH, THAT WE'RE NOT ADVERSELY AFFECTING ADJACENT LAND USES, SPECIFICALLY BECAUSE OF INADEQUATE BUFFERING SCREENING SETBACKS.

UM, THERE ARE SOME ADDITIONAL CONCERNS WITH THE SITE.

UM, ONE WOULD BE THE POTENTIAL LOADING DOCK HEIGHT.

THE LOADING DOCK IS LOCATED, IS POTENTIALLY LOCATED HERE, UM, WHICH WOULD BE WITHIN THE 25 FOOT SETBACK.

SO STAFF WOULD REQUIRE THAT TO BE AT GRADE, UH, IN ORDER TO NOT BE, UH, IMPEDING ON THE SETBACK ITSELF.

AND THEN THE SITE LIGHTING ON THE WEST SIDE OF THE PROPERTY, WE WANNA MAKE SURE THERE'S NO SPILLOVER, UH, FROM THE LIGHTING OVER INTO THOSE RESIDENTIAL PROPERTIES ON THE NORTH MAIN SIDE.

THAT'S ALL LIGHT.

THAT'S NOT GONNA MATTER THAT MUCH.

UM, EVEN UP HERE ISN'T GONNA MATTER, BUT OVER HERE BY THE HOUSES, WE DON'T WANNA PUT ANY MORE, UH, EXTRA LIGHT ON THOSE, UH, ON THOSE HOMES.

SO LET'S GO THROUGH THE SPECIAL EXCEPTION CRITERIA.

UH, THEY'RE THE SAME ONES THAT I KIND OF HIT AT THE BEGINNING OF THE PRESENTATION.

UM, NUMBER ONE IS MAKING SURE THAT WE HAVE THE SAME LEVEL OF LAND USE COMPATIBILITY WITH THE NEIGHBORING PROPERTIES.

SO MOST OF THOSE SURROUNDING USES ARE PRETTY COMPATIBLE IN TERMS OF THE, THE COMMERCIAL PROPERTIES.

UM, BUT WE DO WANNA SPA PAY SPECIAL ATTENTION TO THE RESIDENTIAL PROPERTIES TO THE WEST.

UM, AGAIN, IF WE, IF THE APPLICANT WILL, UM, ADHERE TO THE BUFFERING RECOMMENDATIONS FROM STAFF, THEN WE FEEL THAT THOSE WILL, UM, BE ADEQUATELY, UH, COMPATIBLE

[00:25:02]

AGAIN, THAT IS KIND OF THE, THE POINT OF THIS REQUEST.

SO AGAIN, WITH THE RECOMMENDED LANDSCAPING THAT WAS OUTLINED BY STAFF, UM, WE FEEL THAT WILL MITIGATE ANY ADVERSE EFFECTS TO, UH, THE, THE NEIGHBORING LAND USES CRITERIA NUMBER THREE, UH, THAT DOES NOT ADVERSELY AFFECT PROPERTY VALUES.

IT IS NOT ANTICIPATED THAT THIS WILL ADVERSELY AFFECT PROPERTY VALUES, AGAIN, IF THE, UH, BUFFERING IS, IS FOLLOWED.

AND CRITERIA NUMBER FOUR IS TO JUST BE GENERALLY CONSISTENT WITH THE PURPOSE AND INTENT OF THE LDC.

SO THE ULDC, THE PURPOSE IS TO PROMOTE HEALTH, SAFETY AND WELFARE AND TO ENSURE COMPATIBILITY WITH SURROUNDING LAND USES.

AND I'LL, I'LL HARP ON IT ONE MORE TIME.

AS LONG AS WE'RE GOING WITH THE STAFF RECOMMENDATION, UH, IN BUFFERING, THEN THIS CRITERIA WILL ALSO BE MET.

SO, UH, AT, AT THE END OF THE DAY, STAFF RECOMMENDATION IS FOR APPROVAL OF THE SPECIAL EXCEPTION WITH THE FOLLOWING CONDITIONS, UM, THAT THE VEGETATIVE BUFFERING BE FOLLOWED AS OUTLINED IN THE STAFF REPORT.

AND IN THIS PRESENTATION THAT A SEVEN FOOT WOOD AND MASONRY FENCE IS INSTALLED IN THE WEST AND NORTH SIDES OF THE PROPERTY, THE LOADING DOCK, UH, BE AT GROUND LEVEL, AND THAT THE SIGHT LIGHTING, UH, DOES NOT SPILL OVER ONTO ANY OF THE ADJACENT PROPERTIES TO THE WEST SO THAT IT MEASURES ZERO FOOT.

UM, THAT, THAT IS MY PRESENTATION AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

SORRY, THAT'S, THAT'S A LOT.

AND I UNDERSTAND THAT.

SO, UH, LET HER RIP.

WHAT DO WE GET TO THE PUBLIC HEARING PART? THIS WAS THE BEGINNING OF THE PUBLIC HEARING.

THAT'S THE BEGINNING OF IT, YEAH.

SO, SO MARTIN, YOU TALKED ABOUT PROPERTY VALUES.

NOT NOT BEING AFFECTED.

PROPERTY VALUES OF GENERAL COMMERCIAL OR PROPERTY VALUE OF RESIDENTIAL, UM, OF ANY OF THE NEIGHBORING PROPERTIES.

THE GENERAL COMMERCIAL SPECIFICALLY, BECAUSE THEY'RE ALREADY ZONED AND, AND OF THAT USE AND TRYING TO FIGURE OUT HOW IT DOESN'T NEGATIVELY AFFECT A WAREHOUSE DOESN'T NEGATIVELY AFFECT A HOMEOWNER.

SO, UM, EFFECT OF SOMETHING LIKE THIS ON RESIDENTIAL PROPERTIES IS NOTORIOUSLY HARD TO PROVE ONE WAY OR THE OTHER.

SO GENERALLY SPEAKING, AS STAFF WENT THROUGH THE REVIEW OF THIS REQUEST, WE LOOKED AT WHAT CAN WE DO TO MAKE THIS, TO SHIELD THIS PROPERTY FROM THE, THE RESIDENTIAL PROPERTIES AS BEST WE CAN.

RIGHT? UM, AGAIN, IF, IF WE WERE TO BRING IN AN EXPERT TO, TO APPRAISE IT, IF IT WAS FOR THE APPLICANT, THEY'D SAY, ABSOLUTELY, THIS DOES NOT AFFECT PROPERTY VALUES.

IF SOMEONE CAME OUT FROM THE RESIDENTIAL SIDE, THEY WOULD SAY, OH YEAH, THIS DEFINITELY, SO IN MY EXPERIENCE, THAT'S NEVER A, A REALLY GREAT ARGUMENT WIN ON EITHER SIDE.

UM, UNLESS YOU HAVE SOMETHING OBVIOUS LIKE WE'RE PUTTING A, UH, AN OIL REFINERY ACROSS THE STREET FROM YOUR HOUSE, THAT WOULD BE SOMETHING WHERE WE CAN TALK ABOUT THAT.

IN THIS CASE.

I, I DON'T THINK WE HAVE A, A CLEAR THING ONE WAY OR THE OTHER.

SO, UM, WE GENERALLY KIND OF SAY, OKAY, WE'RE GONNA MAKE IT THE BEST CASE HERE AT THIS POINT.

WE REALLY OUGHT TO HAVE THE, OUR SPEAKERS SPEAK.

YES, ABSOLUTELY.

UM, THE APPLICANT IS HERE TONIGHT, SO IF THEY WANNA GO THAT WAY FIRST, YEAH.

YEP.

AND THEN WE'LL GO TO THE OTHER FOLKS, YVONNE AND JOE AND ET CETERA.

CAN WE COME UP HERE OR, YES, SIR.

IF YOU WOULD, I'LL PUT IT BACK ON THE SITE PLAN SO YOU CAN HAVE SOMETHING REFERRED TO TWO.

MAYBE WE'RE JUST HERE TO ANSWER ANY QUESTIONS FROM THE PUBLIC AND ANYBODY HERE, I MEAN, I'VE GOT FAMILY THAT LIVES IN BAYTOWN.

I'VE GOT, UH, EMPLOYEES THAT WORK AT THIS STORE, AND WE'RE LOOKING TO, UM, KIND OF HELP REVITALIZE THIS AREA A LITTLE BIT AND SEE WHAT WE CAN DO TO, UM, TO HELP YOU, YOU GUYS.

AND IF YOU HAVE ANY QUESTIONS, I MEAN, I DON'T, I DON'T REALLY HAVE ANYTHING TO COVER.

HE, MARK DID A PRETTY GOOD JOB.

IF THERE'S ANY QUESTIONS ON THIS SIDE QUESTIONS, ANY QUESTIONS FROM ME AT THIS POINT? NO.

SO THE APPLICANT'S STATEMENT TALKS ABOUT THIS AS BEING AN EXTENSION FROM THE U-HAUL.

I MEAN, WE'LL BE HAVING AN ANSWER IF ANYBODY HAS ANYTHING.

SURE.

YOU'RE, YOU'RE DOING THIS FOR THE OWNERS, RIGHT? GOTCHA.

OKAY, LET'S GO DOWN THE LIST THEN.

UH, YVONNE, UH, BRISCOE, YVONNE BRISCOE, 3002 NEW CASTLE.

UM, I'M JUST ON THE OTHER SIDE OF MAINE, SO I ACTUALLY HAVE A COUPLE OF CONCERNS WITH THE PROPOSAL AND MAINLY IT IS KIND OF THE ENTIRE SITE.

[00:30:01]

IT'S AN EXTENSION WITH THE SAME OWNER.

WHY ARE WE NOT APPLYING SOME OF THESE THINGS TO THE REST OF THAT PROPERTY? THE STREETSCAPE, UM, PARKING WITH THE ULDC IS A BIG ISSUE.

IF YOU SEE THE PICTURES THAT WAS SHOWN PREVIOUSLY, THEY LITERALLY HAVE A CAR PARKED A U-HAUL PARKED IN EVERY SINGLE LAST ONE OF THOSE PARKING PLACES AND IN THE GREEN SPACE ON THIS PROPERTY ALREADY.

SO THEY'RE EXPANDING THE USE ALREADY, NOT MEETING PARKING, UM, TRYING TO PROTECT THE NEIGHBORS.

THEIR DETENTION BE, WOULD BE REQUIRED TO BE AN ADMIN AMENITY BASED ON THE CODE.

UM, I WOULD SAY IN ADDITION TO THE CONDITIONS THAT WERE RECOMMENDED BY STAFF, I WOULD SAY THAT FENCE EITHER NEEDS TO BE A SOUND WALL OR GO AHEAD AND INCLUDE THE CONDITIONS FOR THE TIME OF DAY, WHICH THE APPLICANT PROVIDED IN THEIR STATEMENT.

UM, I BELIEVE THAT WAS MONDAY THROUGH FRIDAY, 9:00 AM TO 4:00 PM JUST EXTEND THAT A LITTLE BIT TO HELP PROTECT THE NEIGHBORS.

UM, INCLUDE, AGAIN, IF THEY'RE COMING INTO COMPLIANCE, THEY NEED TO DO SO FOR THE SITE.

I DON'T SEE WHERE THEY HAVE ACCESS ON THIS SITE AT ALL, WHICH MEANS THEY'RE ACTUALLY GAINING ACCESS FROM THE EXISTING U-HAUL.

SO THAT SITE IS OBVIOUSLY PART OF THIS IF THEY DON'T EVEN HAVE AN ENTRANCE ONTO THE PROPERTY.

UM, SO DOING IT, THE LANDSCAPING FOR THE ENTIRE SITE AND NOT JUST THE PORTION, UM, TIME OF DAY OR SOUND WALL.

UM, AND THEN PARKING IS A HUGE ISSUE THERE.

UM, THE ONLY OTHER REALLY BIG ISSUE, WHICH IS NOT NECESSARILY WITH THIS SITE, IS THERE'S A DRIVEWAY RIGHT NEXT TO 1 46, WHICH IS PART BLOCKED ALL THE TIME.

PEOPLE WANT TO BASICALLY CUT ALL THE WAY ACROSS TO GO THE OTHER WAY ON 1 46 AND IT'S HONESTLY JUST A HAZARD.

UM, THIS WILL ALSO GIVE THAT PROPERTY ACCESS TO STATE STREET.

SO IT'S ACTUALLY GOING TO ALLOW PEOPLE TO CUT THROUGH THE NEIGHBORHOOD VERSUS GOING BACK TO EITHER MAIN STREET OR GOING SOUTH ONTO ONE, YOU KNOW, 1 46 OR, YOU KNOW, IN OTHER DIRECTIONS.

SO I THINK IT WILL AFFECT THE NEIGHBORHOOD MORE WITH TRAFFIC WITH THERE BEING AN ENTRANCE.

IT DOES INVOLVE THE NEIGHBOR, THE NEIGHBORING PROPERTY, AND I'M CONCERNED WITH NOISE, ESPECIALLY DURING THE DAY.

EITHER SOUND WALL OR LIMIT THE TIME.

LEMME KIND OF, LEMME KIND OF SUMMARIZE MM-HMM .

YOUR CONCERNS ARE, OR YOUR QUESTIONS ARE, OR LANDSCAPING FOR THE REST OF THE PROPERTY? WELL, THE WHOLE PROPERTY, NOT JUST THE LITTLE PIECE THAT THEY'RE TALKING ABOUT THE WHOLE PROPERTY.

NOT JUST THE PROPERTY THAT IS WANTING THE EXCEPTION.

A SOUND WALL.

SOUND WALL OR THE TIME OF DAY ONE OF THE TWO.

LIKE REQUIRE THE TIME OF DAY THAT THEY HAVE PROPOSED, WHICH IS MONDAY THROUGH FRIDAY, 9:00 AM TO 4:00 PM MAKE THAT PART OF THE CONDITION OR HAVE THEM PUT A SOUND WALL SO THAT IT DOESN'T AFFECT ONE OF THE TWO.

DOES THAT MAKE SENSE? YES.

THAT WAS TWO.

WAS THERE, WAS THERE A THIRD CONCERN? WE NEED TO, UM, UH, REALLY IT'S PARKING THE DRIVEWAY ACCESSES THE ACCESS TO STATE STREET'S GOING TO MAKE PEOPLE GO THROUGH THAT NEIGHBORHOOD POSSIBLY.

'CAUSE IT'S EASIER TO GO THROUGH THAT NEIGHBORHOOD TO HIT GAR THAN IT IS TO HIT SOME OF THE LARGER ROADS.

MR. WILSON.

CAROLINE DOES THAT, MR. WILSON, CAN I JUST REAL QUICK.

SO DO I, DO I SEE THE DIAGRAM CORRECTLY, WHAT YVONNE JUST MENTIONED, WHERE YOU'RE GONNA HAVE INGRESS AND EGRESS ON BOTH THE NORTH MAIN SIDE PASS THROUGH ALL THE WAY TO STATE STREET, IT WILL EFFECTIVELY OPEN UP STATE STREET, THE ACCESS TO AND FROM STATE STREET.

IS THAT RIGHT? IS THAT WHAT I SEE TWO ARROWS GOING LIKE THIS ACCORDING TO THIS SITE PLAN? YES.

UM, THIS SITE PLAN WILL HAVE TO CHANGE, UH, THE CONDITIONS THAT STAFF HAS RECOMMENDED WOULD REQUIRE KIND OF ALMOST A COMPLETE REWORK OF THE SITE ANYWAY.

SO, SO, SO THEN, BUT THAT, BUT THAT'S INTERNAL TO THE PROPERTY.

THAT'S NOT A, IT'S NOT A ROADWAY.

IT'S NOT A ROADWAY, BUT A DRIVEWAY THAT'S LIKE CUTTING THROUGH THE PARKING LOT OF ANOTHER DEPARTMENT COMPLEX.

I THINK WHAT MS. BRISCOE IS, UM, CONCERNED WITH IS THE FACT THAT IT, IT KIND OF ENCOURAGES THE, THE POTENTIAL TRUCK TRAFFIC ALONG STATE STREET, THAT THAT'S THE WAY, RIGHT.

AND PEOPLE, THAT'S WHAT I'M HEARING.

CUTTING.

AND I MEAN, IT'S ALL LIKE, HONESTLY FROM THAT NEIGHBORHOOD, I CUT THROUGH THAT OVER TO MAINE, IT'S EASIER THAN TRYING TO GO AROUND EVERYTHING.

SO IT WILL CHANGE TRAFFIC IN THE AREA.

BUT, BUT CORRECT ME IF I'M WRONG.

CURRENTLY IF YOU TAKE A RIDE ON HAROLD, YOU, YOU ACCOMPLISH THE CITY STREET THAT CUTS THROUGH THE NEIGHBORHOOD.

YEAH, THEY'RE ALREADY CUTTING THROUGH OUR PROPERTY NOW.

THEY'RE DRIVING OVER RIGHT NOW.

JUST WHOEVER IS THIS WOULD KIND OF KEEP THEM FROM, THEY WOULD HAVE TO CROSS OUR PROPERTY LINES TO GET ON AND ON.

I CAN SAY I DROVE THAT EVERY DAY FROM, FROM THE PD BACK TO HERE, HALF OF THE PROPERTY.

AND THERE'S NO TURN LANE ON MAIN STREET, A RIGHT TURN ONLY ONTO THE FEEDER.

SO YOU ALWAYS GOTTA WAIT FOR THE

[00:35:01]

LIGHT.

IF THERE'S A CAR RUNNING, IT'S PRETTY.

SO YOU DRIVE THAT SO YOU DON'T HAVE TO WAIT FOR THE LIGHT.

YEAH, THAT HELPS.

BUT, BUT THEY'RE ALSO ASKING FOR THE EXCEPTION FOR HALF OF THE PROPERTY AND NOT THE ENTIRE DEVELOPMENT.

AND YES, THE OTHER HALF IS ALREADY DEVELOPED, BUT WHEN YOU REDEVELOP, YOU MEET THE CURRENT STANDARDS.

ANY OTHER, ANY COMMENTS FROM, FROM STAFF ON HER CONCERNS? SO, O ONLY THAT, UM, BECAUSE THE SOUTHERN PROPERTY IS SEPARATE AND IS NOT PART OF THIS, THIS REQUEST, UM, THERE, THERE'S NO WAY TO IMPOSE THOSE LIMITATIONS ON SOMETHING THAT'S ALREADY THERE.

THAT'S, THAT'S NOT SOMETHING WE CAN REALLY GET TO.

UM, IF THE APPLICANT IS WILLING TO THROW SOME THINGS OUT IN THAT NATURE, THAT'S UP TO THEM, BUT I DON'T THINK WE CAN IMPOSE THAT.

UM, IN TERMS OF THE ACCESS, AGAIN, IT'S, THE SITE IS ALREADY KIND OF ACTING IN THIS WAY.

UM, THE SITE PLAN THAT WAS ON THE SCREEN REALLY IS GONNA HAVE TO BE REWORKED.

AND I, AND I KNOW I TALKED TO THEIR ARCHITECT YESTERDAY ABOUT IT TO SAY, IF YOU GUYS ARE ARE AMENABLE TO THE RECOMMENDED BUFFERING, THEN WE'LL WORK WITH YOU ON THE, THE SITE PLAN ITSELF.

UM, AND THAT'S NOT SOMETHING THAT WE HAD TO HAVE FINALIZED FOR, FOR THIS HEARING.

SO I I DIDN'T REQUIRE JOHN TO SEND ANOTHER ANOTHER SITE PLAN.

UM, UH, WHEN WE TALK ABOUT IS THERE A RETENTION REQUIREMENT THERE, THERE IS A DETENTION, UH, REQUIREMENT.

AGAIN, WE'RE GONNA HAVE TO WORK ON THAT BECAUSE THE, UM, ORIGINAL SITE PLAN SHOWS THE DETENTION ON THE WEST SIDE.

THAT'S NOT GONNA WORK BECAUSE THERE'S GONNA BE TOO MUCH LANDSCAPING AND FENCE.

SO AGAIN, WE'LL HAVE TO REWORK THAT, THAT SITE PLAN.

SO HOW MUCH OF THAT DO YOU KNOW? IT HAS TO BE THE DETENTION? UM, I WOULD HAVE TO ASK OUR ENGINEERING STAFF.

WE, WE'LL WORK THAT PART OUT.

WE'RE HERE TO TALK ABOUT A SETBACK AND A VEGETATIVE BUFFER.

THOSE ARE THE TWO THINGS WE ARE HERE TO TALK ABOUT, RIGHT.

NOT TRAFFIC FLOWS AND, AND, AND EXISTING PROPERTIES AND ALL THAT STUFF WE'RE TALKING ABOUT.

THE SPECIAL EXCEPTION IS SETBACK AND THE, AND THE BUFFER.

SO YES, YOU CAN CONSIDER THOSE.

UM, AND THEN AGAIN, WHEN WE TALK ABOUT IMPOSING CONDITIONS, IT'S ANYTHING THAT'S REASONABLE, BUT WHAT WE'RE, WHAT WE'RE ASKING FOR THE SPECIAL EXCEPTION FROM IS THOSE COMPATIBILITY STANDARDS AND THE PERFORMANCE STANDARDS.

WHAT THE, WHAT'S THE HEIGHT OF THE CURRENT STORAGE? I CAN THINK, I BUILDING'S 20, THE, THE 28 30 FEET.

UM, I DON'T EVEN THINK IT'S THAT TALL.

A LITTLE DOUBLE IT.

SO WAREHOUSING WISE IT'LL DOUBLE THAT HIGH NEARLY.

UM, IN, IN TERMS OF THE OTHER QUESTIONS, UH, SOUND WALL INSTEAD OF A FENCE, UM, AGAIN, THAT'S UP TO THE, UP TO THE, UH, APPLICANT THINK THAT THE FENCE WITH ALL THE, THE DOUBLE ROW TREES, IT'S GONNA, IT'S GONNA BE VERSUS IS THE OPAQUE FENCING.

I AGREE WITH COUNSEL.

I MEAN, YOU GOT THAT FOR SURE.

UM, AND THEN IN TERMS OF TIME LIMITS, THE APPLICANT DID INCLUDE IN THEIR, UH, APPLICATION THAT THIS WOULD BE THE ONLY TIME YOU WOULD HAVE ACTIVITY GOING WAS FROM NINE TO FOUR MONDAY THROUGH FRIDAY.

SO I, I THINK THAT, AGAIN, THAT IS WITHIN YOUR ABILITY TO, TO IMPOSE AS A CONDITION.

UM, AND THEN AS LIKE I SAID, THE BUFFERING FOR THE ENTIRE SITE FOR THE SOUTH PART, UH, I'M NOT SURE WE CAN IMPOSE THAT.

AGAIN, IF THE APPLICANT WOULD LIKE TO OFFER SOMETHING LIKE THAT, THEN THAT'S GREAT.

I DON'T THINK WE CAN SAY THAT YOU HAVE TO, BUT DID YOU, SO IT'S NOT IN OUR PURVIEW TO REQUIRE THAT I BRING THAT UP TO THE CORRECT CRITERIA.

CORRECT.

I BRING THAT UP BECAUSE THE APPLICATION SAYS THAT IT'S AN EXTENSION TO THE EXISTING U-HAUL, WHICH MEANS THAT IT IS PART OF THIS SITE.

THE APPLICATION SAYS THAT.

SO IN MY MIND IT'S ONE.

DID YOU HAVE A QUESTION? YES.

YEAH, I DO.

I DO.

UM, THIS MAY BE A SIGN ORDINANCE ISSUE, BUT WHAT, WHAT ARE, WHAT WOULD BE, UM, IF, IF THIS SPECIAL EXCEPTION IS, IS GRANTED, WHAT WOULD BE THE RESTRICTIONS ON THE PROPERTY OWNER REGARDING ON PREMISE? SIGNS ON THE FENCE, LIKE BANNERS? THOSE ARE, THOSE ARE NOT CURRENTLY ALLOWED, UH, BY OUR SIGN ORDINANCE ANYWHERE.

YOU'LL SEE 'EM AROUND TOWN, BUT THEY'RE NOT THEY'RE NOT ALLOWED.

UH, MATTHEW MCMILLAN, PLEASE.

GOOD.

UM, SO FIRST QUESTION, SECOND QUESTION THEN, IS THE TIME LIMIT, IF, IF WE, OR THE, THE REQUEST INCLUDES A NINE TO FOUR MONDAY THROUGH FRIDAY, WHO ENFORCES THAT? UM, SPECIFICALLY MY DEPARTMENT WOULD ENFORCE THAT IT WILL BE, IT WOULD BE DIFFICULT TO ENFORCE FOR

[00:40:01]

SURE.

AND I, AND IT'S NOT, AND I DON'T THINK IT'S THE, THE, IF I'M HEARING MS. BRISCOE CORRECTLY, UM, NOT NECESSARILY THERE WHEN THEY CAN BE OPEN, BUT WHEN THE NOISY STUFF IS HAPPENING, WE WANNA MAKE SURE THAT FROM NINE TO FOUR, THAT WILL BE WHEN ANY OF THE, THEY'RE DROPPING CONTAINERS ON THE GROUND AND THINGS LIKE THAT AFTER FOUR O'CLOCK, NO MORE OF THAT.

WE WON'T, WE WON'T ACCEPT ANY SHIPMENTS IN I'LL OUR STORES LIKE THAT BECAUSE THAT'S WHEN WE SEND OUR STAFF.

THERE WAS NOBODY THERE TO EVEN TO DO ANY OF A TRUCK OR ANYTHING.

LIKE WE ARE NOT THERE.

THAT'S WHY BETWEEN NINE AND FOUR, THAT'S THE ONLY TIME SOMEBODY THAT WILL HAVE THEIR FORKLIFT CERTIFIED GOTCHA.

TO UNLOAD THE, THAT'S AT ALL OF OUR FACILITIES CENTER.

LET LET, LET'S MOVE ON.

THANK YOU WILSON.

YOU'RE NEXT IF YOU WANT TO TALK TO US.

SURE.

NO, NO RELATION.

ALTHOUGH GOOD FRIEND, FULL DISCLOSURE, NO, JUST, UH, I DON'T KNOW IF I'M OUTTA LINE OR NOT, BUT I, I HAVE LIVED AT 1 0 2 PAMELA SINCE SEPTEMBER OF 74, SO THAT'S ALMOST 48 YEARS.

THE INTERSECTION AT STATE STREET AND PAMELA IS NOTORIOUS FOR FLOODING.

MY HOME HAS NEVER FLOODED, BUT IT'S BEEN WITHIN INCHES OF FLOODING.

AND I'M AFRAID WITH THIS VEGETATION REDUCTION YOU'RE ASKING FOR, YOU ARE GONNA CAUSE MY HOME TO FLOOD.

THAT'S MY MAIN CONCERN.

THE OTHER CONCERN IS THAT YOU CAN ONLY TURN ON TO HAROLD LANE COMING FROM THE NORTH, WHICH IS GONNA CAUSE MOST OF THE TRAFFIC TO COME UP STATE STREET TO REACH THIS PROPERTY.

THERE'S THREE SCHOOL BUS STOPS ON STATE STREET.

I DON'T THINK WE NEED THAT ADDITIONAL TRAFFIC.

AND AS FAR AS, UH, PROPERTY VALUES, I CANNOT SEE HOW THIS WILL NOT DECREASE MY PROPERTY VALUE.

AND THAT'S ALL I GOTTA SAY.

THANK YOU JOE.

YES, I WAS UP THERE EARLIER.

UNLESS Y'ALL HAVE ANY QUESTIONS FOR US, I CAN.

UH, JURY JURY.

THE JERRY L MATTHEW MCMILLAN ALREADY SPOKE ON MY BEHALF? YES, SIR.

AND JIMMY, JIMMY SMITH, PLEASE.

WELL, JUST A SUGGESTION HERE.

I MEAN, I'M HERE WITH DARRYL FOR THE NEXT ITEM, BUT I WAS THINKING ABOUT THE FENCE, THE, THE VEGETATION, THEN THE FENCE.

AND I THINK WE HAVE SUCH A PROBLEM WITH VAGRANT AND ENCAMPMENTS AMONGST THE TREES AND STUFF AROUND TOWN, DIFFERENT PLACES.

PERSONALLY, I LIKE TO SEE THE FENCE GO ON THE OUTSIDE OF THE TREES AGAINST THE STREET.

I MEAN, THAT'S JUST Y'ALL.

BUT THAT WOULD, THAT WOULD PROHIBIT THAT WOULD, THAT WOULD ELIMINATE ANY ISSUES WITH, WITH PEOPLE CAMPING OUT AND STUFF UNDER THE TREES.

I MEAN, IT HAPPENS AROUND TOWN.

JUST A SUGGESTION.

SO I CAN, IF I CAN JUST SAY SOMETHING TOO ABOUT THE TREES AND THE FENCING, IT CONCERNS ME.

UM, WITH THE TREES ON THE OUTSIDE OF THE FENCE, IT SEEMS TO BE JUST A NATURAL MAGNET FOR TRASH AND DEBRIS TO BLOW THROUGH AND COLLECT.

AND YOU DRIVE THROUGH THERE AT ANY TIME RIGHT NOW, AND THAT'S WHAT YOU'RE GONNA SEE.

YOU ADD MORE TREES AND A FENCE TO SNAG IT ALL UP.

I DON'T KNOW, MAYBE THE U-HAUL PROPERTY OWNERS ARE GONNA BE AWESOME PROPERTY OWNERS AND KEEP IT PICKED UP CLEAN EVERY DAY.

BUT, SO WE WOULD ORDINARILY REQUIRE THE FENCE ON THE INSIDE AS AS THE LANDSCAPING WILL HELP SORT OF.

UM, THE FENCE HAS A BIT OF A, A, A STARK LOOK TO IT.

I, I UNDERSTAND.

SO IT WOULD BE TO MAKE IT LOOK NICER, REALLY.

I, I I UNDERSTAND THE, THE, THE, THE CONCEPT.

JUST KNOW THE REALITY OF WHAT IT'S GONNA LOOK, WHAT IT MIGHT LOOK LIKE.

SAY THAT.

AND I KNOW HOW WE'RE TRYING THROUGH ATTRITION IMPROVE EVERYTHING, BUT WE'RE TALKING ABOUT A FEW HUNDRED FEET OF SOMETHING THAT LOOKS LIKE IT DOES TODAY.

SO, UH, SO THE ORDINANCE ITSELF ACTUALLY REQUIRES IT IN THAT FASHION.

IT'S THE LANDSCAPING AND THEN THE FENCE ON THE INSIDE.

SO WE CAN WORK THROUGH THE SPECIFICS OF THAT WITH THE APPLICANT AND MAKE SURE THAT IT LOOKS NICE.

UM, AND AS WELL AS, UM, UH, MR. WILSON, UH, MENTIONED HIS FLOODING CONCERNS.

UM, THAT'S SOMETHING THAT WE WOULD ALSO WORK ON AT WHEN WE GET THE SPECIFICS OF THE SITE WORKED OUT.

UH, ENGINEERING IS, IS VERY KEYED INTO, I MEAN, THAT'S THEIR BIGGEST PART OF THEIR JOB IS TO MAKE SURE THAT THERE'S NO EXTRA WATER COMING OFF OF THE SITE.

THAT SITE IS RAISED A LITTLE BIT, I WAS JUST GONNA SAY THAT YOU SHOWED THAT PICTURE AFTER THEY REDID THAT STREET THAT HE'S REFERRING TO.

IT'S MUCH LOWER, TWO TO THREE FEET LOWER THAN THE LEASE SITE BILL.

I NOTICED THAT IN THAT PHOTO.

SO THE SITE ITSELF IS RAISED.

YEAH,

[00:45:01]

SO THAT WILL BE A CONCERN.

THAT'LL BE SOMETHING THAT THE APPLICANT WILL HAVE TO, TO MEET, BUT WE'LL, WE'LL HAVE TO GO THROUGH THE ENGINEERING OF ALL THAT AND MAKE SURE THAT, THAT EVERYTHING'S, UH, HIT IN TERMS OF WHAT HE MENTIONED, THE, THE, UM, REDUCTION IN VEGETATION.

THERE'S NOT ACTUALLY A REDUCTION.

IT'D ACTUALLY BE MORE VEGETATION THAN WHAT WOULD ORDINARILY BE, UM, REQUIRED.

SO, AND, AND LET'S GO THROUGH THE, THE FOUR CRITERIA REAL QUICK IN A MINUTE, BUT I'VE BEEN HERE 47 YEARS AND YOU KNOW WHAT THIS APPEARS TO ME, IT'S GONNA LOOK LIKE FROM ALL SIDES, IT'S GONNA LOOK BETTER IN MY OPINION, THAN WHAT WE HAVE NOW, WHICH IS, YOU KNOW, A BUNCH OF OPEN SPACE AND THE BUILDING AND THE TRUCKS OUT IN FRONT TO ME, IT, I, I'M BETTING IT WILL LOOK BETTER.

I HAVE ONE MORE QUICK QUESTION ALONG KIND OF WHAT YOU WERE TALKING ABOUT.

WHAT IS THE MATERIAL THE WAREHOUSE WILL BE MADE OF, BUILT OF? UM, I NEED TO SHOW YOU PICTURES.

WE CAN SHOW YOU.

WE'VE GOT A COUPLE.

IS IT METAL? IS THERE, I MEAN, DO WE, I THINK THE THING I'M WORKING THROUGH IS A WAREHOUSE IN THE MIDDLE OF THE CITY.

NO, NO, NO.

IT'S GOT, IT'S NOT, IT'S NOT YOUR, IT'S NOT A METAL BUILDING IF THAT'S WHAT YOU'RE WORKING ON.

I MEAN, IS IT A TILT WALL? WE HAVE THOSE, IS IT A TILT WALL BUILDING OR I JUST LOOKING ALL UP AND DOWN NORTH MAIN GOT 'EM ALL UP AND DOWN NORTH MAIN METAL BUILDINGS.

WELL THAT DOESN'T MAKE IT RIP TO CONTINUE THAT.

NO, I'M JUST SAYING WE'RE GOING TO TAKE THAT LITTLE SPOT OF THE ENTIRE AREA, MAKE IT LOOK PRETTY AND I'M ALL FOR IT.

BUT, AND WHERE, WHERE WILL THE U-HAUL TRUCKS THAT ARE THERE RIGHT NOW, WHERE WILL THEY GO? GO IN THE PARKING LOT IN THE FRONT.

THEY'LL STILL BE THERE.

SO THEY DON'T GO ANYWHERE, WHICH, WHICH WOULD BE ALLOWED IN GC WHETHER YOU HAD A, WHETHER YOU HAD A WAREHOUSE THERE, RIGHT.

THEY JUST NEED CUSTOMER PARKING.

BUT THE WAREHOUSE GOING IN IF, IF SHE'S EXACTLY RIGHT, WE DO NEED CUSTOMER AND EMPLOYEE PARKING.

AND SOME OF THAT WILL BE FOR THAT THERE AS WELL IN THAT AREA.

I DON'T DO IT.

DO YOU WANT ME TO PULL THIS UP ON HERE OR PULL IT UP ON MY LAPTOP? UH, I DON'T HAVE ANY WAY TO TO THROW IT ON THE SCREEN.

I JUST WAS CURIOUS.

YOU CAN JUST HAS IT.

TELL ME WHAT I MEAN.

YEAH, HE'LL JUST PULL MY LAPTOP.

I'LL COME, I WE JUST YEAH.

WANT YOU BETTER METAL.

UM, IT'S GOT, IT'S NOT A BRICK DRIVE.

IT'S LIKE A BRICK FACADE AROUND THE FRONT OF IT, ON THE FRONT SIDE OF IT.

DO, DO YOU HAVE A FLASH DRIVE OR SOMETHING WHERE YOU JUST PLUGGED IT IN HIS LAPTOP? .

WILL THE FLASH DRIVE PLUG IN THERE OR YOU WANT ME TO PLUG IT IN HERE? THERE, WOULD WE PLUG THAT IN HERE AND THEN THE FOUR OF US CAN LOOK AT IT ON YOUR PC OR YOU CAN DO THAT TO MR. WILSON'S POINT ABOUT REDUCTION OF VEGETATION.

I SEE.

I I WISH YOU WERE STILL HERE.

I TOOK WHAT HE SAID TO MEAN THAT ONE, THAT THE VEGETATION WOULD BE REDUCED, CONTRIBUTING TO POTENTIALLY A DRAINAGE PROBLEM.

BECAUSE WHAT IS NOW MOST OF THAT LOT IS GRASSY FIELDS, SOMETHING LIKE THIS.

OH, IT'S WITH THIS, WITH THIS PROJECT, MOST OF IT WOULD BE CONCRETED OVER REDUCTION OF VEGETATION OR SAW ONE LIKE THAT SURFACE.

THEY'LL, THEY'LL HAVE TO ACCOUNT FOR THAT IN, IN THEIR DETENTION.

GOOD.

DOES ANYBODY ELSE WANT TO SEE? THAT'S OKAY.

I'M GOOD.

YEAH, I THINK I, I AGREE WITH YOU.

I THINK HE WAS CONCERNED OVER MORE CONCRETE, LESS GRASS IF IT, IF THE VARIANCE WAS GRANTED.

SO, AND WHAT WE SEE IN ALMOST WELL IN EVERY DEVELOPMENT IS, IS THERE'S DETENTION ADDED TO EVERY DEVELOPMENT HUGELY GIVE UP A LOT OF LAND TO NOW COLLECT WATER AND, AND WE'RE JUST NOT AT THAT ENGINEERED PART OF THE, THE, OF THE, OF THE APPLICATION.

WE'RE NOT YEAH.

THAT HAS TO BE MET NO MATTER WHAT.

RIGHT, RIGHT.

WE'LL GET TO THAT.

I THEN TECHNICALLY THEY COULD DO SUBSURFACE.

SO IT COULD BE UNDERGROUND, POTENTIALLY.

I KNOW IT'S MORE EXPENSIVE.

I'M JUST SAYING SITE PLAN DOESN'T NECESSARILY CHANGE FOR THAT.

ALL RIGHTY.

LET ME CLOSE THIS PUBLIC HEARING AND, UH, LET'S GO TO A CONSIDERATION OF, WE WENT THROUGH THE, WE WENT THROUGH THE CRITERIA ALREADY.

YEAH, RIGHT.

LET'S GO THROUGH THE, THE STAFF'S RECOMMENDING IT, UH, THE WAY I READ THE FOUR CRITERIA, AS THEY HAVE SAID ALSO THAT, UH, APPLICANT ACTUALLY MEETS ALL FOUR CRITERIA.

AND UNLESS Y'ALL DISAGREE, I WOULD, UH, ASK FOR A MOTION TO APPROVE THE EXCEPTION WITH THE STAFF RECOMMENDED CONDITIONS BEING REQUIRED.

SO MOVE SECOND.

I I'LL SECOND IT THEN TAKE THE CHAIR.

CAN SECOND? NO.

YOUR MOTION WAS YOUR MOTION.

I, I I MADE THE MOTION.

IF YOU WANT TO APPROVE THE EXCEPTION, THOSE AGAINST SAME SIGN.

ANY OTHER QUESTIONS? IF NOT, UH, LET ME HEAR, UH, OR SEE HANDS

[00:50:01]

DENIED THIS TONIGHT.

NO ACTION.

ALL RIGHTY.

[b. Conduct a public hearing and consider a request regarding a special exception from the Unified Land Development Code, Article III, Division 3, Section 3.14 (g)(ii) Compatibility Standards to reduce (1) the required building setback from 300 feet to 75 feet and (2) the required vegetative buffer from 100 feet to 50 feet in a Heavy Industrial (HI) Zoning District for a new development located adjacent to property zoned HI. The properties are approximately 77.6 acres, located in the Bay Ten Business Park Subdivision, north of Kilgore Parkway and east of Howard Bay Lane and south of Kilgore Parkway, Baytown, Chambers County, Texas.]

WE NEED TO MOVE ON TO ITEM FOUR B AND ITEM FOUR B IS TO CONDUCT A PUBLIC HEARING.

CONSIDER, CONSIDER A REQUEST REGARDING SPECIAL EXCEPTION FROM THE ULTC.

UH, ARTICLE THREE, DIVISION THREE, SECTION ONE, 3.14.

COMPATIBILITY STANDARDS THROUGH NUMBER ONE, REDUCE THE REQUIRED BUILDING SETBACK FROM 300 FEET TO 75 FEET.

AND NUMBER TWO, THAT'S A REQUIRED VEGETATIVE BUFFER FROM A HUNDRED FEET TO 50 FEET IN THE HI DISTRICT FOR A NEW DEVELOPMENT LOCATED ADJACENT TO THE PROPERTY IN ZONED.

HI, THE PROPERTIES ARE APPROXIMATELY 77.6 ACRES LOCATED IN THE BAY 10 BUSINESS PARK SUBDIVISION NORTH OF KILGORE PARKWAY, EAST OF HOWARD BAY LANE, AND SOUTH OF KILGORE PARKWAY IN BAYTOWN, CHAMBERS COUNTY, TEXAS.

AND I'VE ALREADY READ THE, UH, THE RULES FOR THE PUBLIC HEARING AND STAFF, PLEASE GO THROUGH IT FOR US.

GOOD AFTERNOON.

SO ONE OF THE THINGS IS THAT IN YOUR STAFF REPORT, YOU GUYS RECEIVED THE STAFF REPORT PRIOR TO THIS MEETING, UM, WE DID HAVE A PARAGRAPH THAT WAS A LITTLE BIT MISLEADING.

IT WAS CONCERNING THE NUMBER OF BUILDINGS THAT WERE OUT THERE AND THE TIME IN WHICH THEY WERE BUILT.

UM, STAFF DID WANT TO PUT THAT CORRECTIVE PARAGRAPH AT YOUR PLACE, UM, AT THIS TIME SO THAT YOU HAVE ALL THE ACCURATE INFORMATION.

AND IT'S THAT LAST PARAGRAPH ON PAGE FIVE.

AND WITH THAT, MS. LAND LEAD THE DISCUSSION.

SO THE SUBJECT PROPERTIES ARE VACANT AND UNDEVELOPED AS, UM, MENTIONED BY CHAIRMAN WILSON.

THEY ARE IN THE BAY 10 BUSINESS PARK ZONING OVERLAY DISTRICT.

THESE PROPERTIES ARE IN THE LPA LIMITED PURPOSE ANNEXATION AREA AND WITHIN THE CHAMBERS COUNTY.

UH, THIS AREA IS SUBJECT TO THE DEVELOPMENT STANDARDS THAT WERE ADOPTED IN THE OVERLAY DISTRICT, UM, THAT OR ORIGINALLY ADOPTED IN SEPTEMBER 13TH, 2012.

AND IT IS ALSO SUBJECT TO THE CURRENT UODC COMPATIBILITY STANDARDS.

UH, FOR THIS CASE, WE APPLY WHAT'S IN THE OVERLAY DISTRICT AS WELL AS OUR COMPATIBILITY STANDARDS.

OUR CURRENT COMPATIBILITY STANDARDS ARE STRINGENT THAN WHAT WAS ADOPTED IN THE OVERLAY DISTRICT.

THE APPLICANT IS REQUESTING A SETBACK TO REDUCE THE COMPATIBILITY STANDARDS FOR THIS AREA.

IN PARTICULAR FOR THE PROPERTIES THAT ARE ZONE, UM, THEIR ZONE HEAVY INDUSTRIAL, I'M SORRY, I THOUGHT I HAD A MAP SHOWING.

BUT THIS AREA IS HEAVY INDUSTRIAL.

WHAT THEY'RE REQUESTING IS TO REDUCE THE BUILDING SETBACK FROM 300 FEET TO 75 FEET.

THE 75 FOOT SETBACK IS WHAT IS SET IN THE OVERLAY DISTRICT, AND THEY'RE ALSO PROPOSING TO USE THE VEGETATIVE BUFFER FROM 100 FEET TO 50 FEET.

AGAIN, THAT 50 FOOT VEGETATIVE BUFFER IS WHAT IS ADOPTED IN THE OVERLAY DISTRICT.

WHAT THEY'RE PROPOSING TO DO ON THESE PROPERTIES.

UM, AS SHOWN HERE, LOTS FOUR AND FIVE, THERE ARE TWO SUBDIVISIONS HERE.

WE HAVE, UM, BAY 10 BUSINESS TRACKS FOUR AND FIVE, AND THEN WE ALSO HAVE BAY 10 BUSINESS TRACK NINE.

I APOLOGIZE, THIS IS A TYPO HERE FOR LOTS FOUR AND FIVE.

THEY'RE PROPOSING A WAREHOUSING, A DISTRIBUTION CENTER AND FRAME MOVEMENT.

THEY'RE PROPOSING A BUILDING APPROXIMATELY MEASURING APPROXIMATELY FOUR THOUSAND FOUR HUNDRED THIRTY FOUR THOUSAND FOUR HUNDRED, 400,000 33, 973 SQUARE FEET, AND FOR A LOT ONE AND BAY 10 BUSINESS PARK TRACK NINE.

THEY'RE PROPOSING TWO BUILDINGS THERE.

MEASURE ONE MEASURING APPROXIMATELY 119,200 SQUARE FEET AND THE OTHER BUILDING MEASURING APPROXIMATELY 543,400 SQUARE FEET.

CURRENTLY WHAT YOU SEE HERE IS THERE ARE FOUR DEVELOPMENTS ALONG KILGORE PARKWAY.

THERE'S A TABLE HERE SHOWING THE APPROXIMATE BUILDING SETBACKS

[00:55:01]

THAT ARE THERE OF THE VEGETATIVE BUFFER.

AND THE YEAR THAT THEY WERE BUILT, THREE OUT OF THE FOUR BUILDINGS THAT ARE HERE DO NOT MEET THE A HUNDRED FOOT BUILDING SETBACK.

UH, THE REMAINDER ARE OVER A HUNDRED FEET.

UM, THE ONE THAT DOES NOT MEET THE A HUNDRED FOOT BUILDING SETBACK IS 35 53 PARKWAY.

WE RECEIVED THAT APPLICATION, I WOULD SAY IN 2011.

SO THAT WAS BEFORE THE ADOPTION OF THE OVERLAY DISTRICT IN 2012.

OUR, WE ADOPTED OUR UODC ON FEBRUARY, 2012 AS WELL.

AND SO THE ADOPTION OF THE UODC CAME FIRST BEFORE THE OVERLAY DISTRICT.

AND HERE'S A MAP OF WHAT WAS ADOPTED.

THIS IS SHOWING THE OVERLAY DISTRICT, AND THIS IS THE OVERLAY DISTRICT.

WHAT THEY'RE, WHAT THEY HAVE SET FOR THE SETBACKS.

THIS IS COMING FROM THE FIRST AMENDMENT TO THE OVERLAY DISTRICT, WHICH WAS ALSO LATER ON IN 2012.

AND THE APPLICANT IS REQUESTING THE REDUCTION TO THE SETBACKS AND THE BUFFER VEGETATIVE BUFFER, AGAIN, CONSISTENT WITH THE OVERLAY DISTRICT, AND ALSO TO BE CONSISTENT WITH THE DEVELOPMENT PATTERNS ALONG KILGORE PARKWAY.

THIS IS THE CURRENT LANDSCAPE ALONG KILGORE PARKWAY.

DO YOU KNOW WHICH ONE THAT WAS? THIS IS THE ONE THAT YOU SHOWED BASED ON THE BUFFER.

THIS ONE HERE? NO, BASED ON THE CHART DIMENSIONS YOU GAVE US, WHAT PROPERTY THAT WAS? WAS IT OH 4 50 33 53 COGO PARKWAY.

WAS IT? SO IT WAS THE 61 FOOT YES.

BUFFER.

THIS IS IN THE PICTURE? YES.

OKAY, THANK YOU.

SO THIS IS THE ONE THAT DOESN'T MEET THE OVERLAY DISTRICT.

AND THIS IS A VEGETATIVE BUFFER THAT WAS ADOPTED IN THE OVERLAY DISTRICT.

AND THE REQUEST MEETS THE CRITERIA LISTED IN OUR ODC UNDER SECTION ONE POINT 30.

WOULD YOU LIKE IT TO GO THROUGH EACH CRITERIA? SURE, SURE.

CRITERIA ONE.

UM, THE REQUEST IS THAT THE APPLICANT IS PROPOSING TO MAINTAIN A DEVELOPMENT PATTERN THAT HAS BEEN ESTABLISHED IN KGO PARKWAY.

SO WE DO NOT BELIEVE, UM, THAT IT WOULD BE, UM, DIFFERENT FROM THE GENERAL LAND GENERAL LEVEL AND LAND USE AND COMPATIBILITY IN THIS AREA.

CRITERIA NUMBER THREE, IT IS NOT ANTICIP NUMBER TWO, EXCUSE ME.

IT IS NOT ANTICIPATED THAT THERE WOULD BE AN ADVERSE EFFECTS DUE TO THE INTENSITY OF THE DEVELOPMENT.

AGAIN, THE APPLICANT IS PROPOSING WAREHOUSING A CENTER, A DISTRIBUTION CENTER, AND, UH, FRAME MOVEMENT, WHICH IS WHAT IS RIGHT NOW IN THE BAY 10 BUSINESS PARK AREA CRITERIA NUMBER THREE.

IT IS NOT ANTICIPATED THAT THE PROPOSED SPECIAL EXCEPTION WILL ADVERSELY AFFECT PROPERTY VALUES IN THE BAY 10 BUSINESS PARK.

THIS, THE PROPERTY THERE IS VACANT AND UNDEVELOPED, AND THEY'RE PROPOSING A DEVELOPMENT PATTERN SIMILAR TO THAT AREA AND THE SIMILAR TO THAT AREA.

CRITERIA NUMBER THREE, THE REQUEST, ALTHOUGH IT'S NOT FULLY CONSISTENT WITH THE UODC COMPATIBILITY STANDARDS THAT WERE ADOPTED LATER ON FROM THE OVERLAY DISTRICT, UH, IT IS STILL MAINTAINING THE SAME LEVEL USE AND HANDLING IN THIS AREA.

STAFF RECOMMENDS APPROVAL OF THE REQUEST WITH THE FOLLOWING CONDITIONS.

FRONT AND SIDE FACADE SHALL BE CONSTRUCTED OF MASONRY MATERIAL AS REQUIRED FOR LIGHT INDUSTRIAL ZONING.

DISTRICT INCOMPATIBILITY STANDARD SECTION THREE POINT 10 OF THE YEAR.

NOT FOR ANY QUESTIONS.

THAT'S IT.

DO WE HAVE A SHEET ON THESE? READY? DAR DAR BEAN BEAN.

UM, I'M REALLY JUST HERE TO ANSWER, UH, ANY QUESTIONS.

WE GONNA LISTEN TO THE OTHER GUY'S COMMENTS? THE OWNERS OR NO, FIRST OR, OR NO.

I, I'M DAN Z I'M WITH CARSON.

WE'RE THE, WE'RE THE PROPERTY OWNER.

AND,

[01:00:01]

UM, BUT WE, I GUESS IN SHORT, WE, WE PURCHASED, UH, 78 ACRES IN BAYTOWN BUSINESS IN BAY 10 BUSINESS PARK THAT WE'RE VERY EXCITED ABOUT.

AND, UM, WHEN WE WERE ACQUIRING THE PROPERTY, WE WERE INVESTIGATING THE BAY 10 OVERLAY DISTRICT AND THE, UH, COVENANTS AND RESTRICTIONS IN THE PARK, AND THEN THE ULDC.

AND WE NOTICED THAT THERE WAS A CONFLICT BETWEEN THE ULDC AND THE BAY 10 OVERLAY, WHICH THE CITY, WHICH THE CITY OF BAYTOWN WAS A PARTY TO.

AND SO, UM, AND THAT CONFLICT DOESN'T APPEAR TO HAVE BEEN, UH, I GUESS IT NEVER CAME UP IN THE OTHER BUILDINGS THAT, THAT WERE DEVELOPED IN THE PARK.

SO WE JUST THOUGHT WE WOULD BE A, A GOOD NEIGHBOR AND, AND ADDRESS THAT CONFLICT HERE IN, IN THIS, IN THIS HEARING.

AND, UM, AND JUST, AND JUST CLARIFY THAT THE, THE, THE ZONING OVERLAY IS WHAT APPLIES.

AND JUST CLARIFY THAT CONFLICT.

SO WHAT WE'RE LOOKING TO DO IS, IS, IS CONSISTENT WITH, WITH THE STANDARDS THAT HAVE BEEN APPLIED THROUGHOUT THE PARK.

NOW, DARREL DARL, DARREL BEAN, UH, 76 0 1 FM 31 80.

I AM JUST EAST OF LOTS FOUR AND FIVE, UH, RESIDENTIAL, GOT 10.1 ACRES THERE.

BOUGHT THE PLACE TO LIVE.

MY, THAT'S MY FINAL HO FINAL HOME.

UH, UH, UH, THE, THE, THE WAREHOUSES THAT ARE, THAT ARE GONNA BE BUILT THERE, IT'S GONNA BE, YOU KNOW, NOISE, TRAFFIC ASSOCIATED ALL, ALL NEXT TO ME, RIGHT NEXT TO MY PROPERTY.

I MEAN, THEY GOT A HUNDRED FOOT BUFFER RIGHT NOW.

AND THAT'S FROM PROPERTY LINE.

THE PROPERTY LINE.

AND, UH, THERE'S ISSUES, THERE'S A UTILITY EASEMENT RUNS DOWN THROUGH THAT'S NOT BEING MAINTAINED.

THERE IS A DITCH THAT'S GONNA BE PUT TO THE E TO THE WEST OF THE, THE, OF THE, UH, BUMPER ZONE THAT NEEDS TO BE TAKEN IN ACCOUNT.

UH, I JUST TALKED TO THE ENGINEER THE OTHER DAY, UH, AND THE, YOU KNOW, JUST THE UNSIGHTLY STUFF OF THE WAREHOUSE THAT I'M GONNA SEE THAT I, I'VE BEEN THERE LONGER THAN 2012.

SO, AND, UH, LET'S SEE, THE VEGETATIVE BUMPER ZONE THAT'S THERE WOULD HELP, YOU KNOW, NOT REDUCING THAT IN ANY WAY.

I MEAN IT, YOU KNOW, IT'S, IT WOULD DEFINITELY HELP EVERYTHING.

IT, IT, I DON'T SEE HOW IT WOULD NOT REDUCE MY RESIDENTIAL, THE VALUE OF MY PROPERTY.

SO HAVING, AND BECAUSE THERE'S GONNA BE A ROAD RUNNING RIGHT NEXT TO YOU, IF YOU'RE, IF THEY'RE TAKING OUT 50 FOOT TO GO BACK TO THE, IF YOU GO BACK TO THE PICTURE THAT'S LOOKING, I CAN SEE THAT FROM MY HOUSE WITH NO PROBLEM.

AND IF IT'S, AND IF IT'S A 24 HOUR OPERATION, YOU KNOW, IT'S, THERE'S GONNA BE LIGHTS, NOISE, EVERYTHING.

UH, POINT OUT WHERE HE'S AT.

I'M, I LOOK ON THE RIGHT HAND SIDE.

AND IF YOU LOOK AT THE LAYOUT ON THE PICTURE, THAT'S THAT BASICALLY GONNA TAKE 50 FOOT OF THAT AND IT'S GONNA BE A DRIVEWAY OR ROAD FOR THE TRUCKS TO COME IN AND OUT OF.

AND THAT'S DEFINITELY GONNA, CAN I CLEAR, CAN I CLARIFY SOMETHING, MR. BEAD? IS THAT PLEASE, YES.

THERE'S A HUNDRED FOOT VEGETATIVE BUFFER BETWEEN YOUR PROPERTY AND THIS PROPERTY.

AND THIS WILL NOT AFFECT THAT.

OH, OKAY.

THAT WILL NOT AFFECT IT.

YES, SIR.

THIS IS SIMPLY, THIS IS SIM ON THE STREET.

THE INTENT OF THIS IS SIMPLY TO ADDRESS THE SETBACKS ALONG YOUR PARKWAY.

ONLY SO THAT VEGETATIVE BUFFER THAT YOU'RE REFERRING TO IS, WAS A CRITICAL PART OF THE, OF THE ZONING OVERLAY.

MM-HMM .

THE BAY 10 ZONING OVERLAY.

AND IT ACTUALLY, CAN I POINT SOMETHING OUT UP THERE PLEASE? SURE.

IT, IT ACTUALLY, IT, IT, IT, IT SURROUNDS THE PARK AND IT, AND IF YOU HAD A BIGGER, I THINK ON THE, ON THE, THE, THE ACTUAL ZONING OVERLAY FOR THE WHOLE 900 ACRE PARK THAT I SAW EARLIER, IT SURROUNDS THE WHOLE THING.

AND, UH, EH, THERE WE GO.

IT'S, IT IS PART OF THIS, IT'S PART OF THIS DOC.

IT'S PART OF THIS, THIS THING.

UM, AND WAS DESIGNED TO, I, I'M SURE I WASN'T, I WASN'T A PARTY TO IT, BUT I'M SURE IT WAS PUT INTO PLACE TO PROTECT, UH, FOLKS LIKE YOU FROM OH YEAH.

SO IT WAS, I WAS JUST GOING OFF THE DOCUMENT.

IT SAYS TRUCK COURT YEAH.

ON RIGHT NEXT TO, AND IT SHOWS THE REDUCTION OF THE, UH, SO THAT'S, THAT'S, WE'RE NOT, WE'RE NOT TOUCHING THAT A HUNDRED FOOT VEGETATIVE BUFFER.

SO THAT WOULD BE ON THE EAST SIDE YES, SIR.

OF YOUR, THAT'D BE THE EASTBOUND OF YOUR PROPERTY.

YES, SIR.

DOING WITH DISTRIBUTION IS A MUCH LOWER INTENSIVE USE THAN WHAT COULD BE THERE.

I JUST, JUST FOR YOUR EDIFICATION, LIKE THI THIS PROPERTY IS KNOWN HEAVY INDUSTRIAL.

UM, AND WHAT WE'RE

[01:05:01]

MM-HMM .

SO, UH, WHEN YOU LOOK AT THE REALM OF POSSIBILITIES OF WHAT COULD BE LIKE, WE'RE, WE'RE ACTUALLY, WE'RE BETTER THAN WHAT, YOU KNOW, FROM, FROM, FROM YOUR LOOKING AT IT, FROM YOUR PERSPECTIVE.

ANYTHING.

YOU'RE NOT FARTHER NORTH.

WELL, THERE IS A BIODIESEL PLAN GOING IN RIGHT.

TO THE SOUTHWEST OF US.

TO THE SOUTHWEST OF ME.

SO I KNOW I DIDN'T SIGN, I I DIDN'T SIGN UP ON THAT.

GO AHEAD.

ANYWAY, I APOLOGIZE.

BUT, UM, STATE YOUR NAME FOR THE RECORD.

OH, JIMMY SMITH.

I'M A RESIDENT.

I LIVE OFF OF KILGORE, UP IN THE NEIGHBORHOOD, UH, OPPOSITE END DOWN BY THE APARTMENTS.

BUT, UH, I JUST WANTED TO SPEAK, UH, THE MAIN THING, UM, IS LIGHTING.

UH, WE GET A TERRIBLE AMOUNT OF LIGHTING FROM THE APARTMENT.

SO WHEN Y'ALL SEE THESE THINGS, I, I WOULD HOPE YOU WOULD, YOU WOULD, UH, MAKE SURE THAT THEY, THEY KEEP THEIR LIGHTING REFLECTIVE TOWARDS THEIR, TOWARDS THEIR PROPERTY AND NOT ON, NOT ON SAY, DARRYL'S PROPERTY, THAT THE LIGHT DOESN'T REFLECT BACK THAT AWAY.

UM, THE OTHER ONE WAS, SO I WAS LISTENING TO A COMMISSIONER'S COURT MEETING THIS MORNING AND THERE WAS A CONFUSION ON BAY TOWNS WITH THE STREETS AND CHAMBERS WITH THE STREETS, WHICH ARE SLIGHTLY WIDER.

SO ARE, ARE Y'ALL, UH, ARE Y'ALL UNIFIED, THE CITY AND THE COUNTY ON, ON WHAT'S GOING ON ON THIS PROPERTY AS FAR AS YOUR, YOUR SET, YOUR SETBACKS AND YOUR, AND YOUR STREETS AND STUFF LIKE THAT GOING AROUND THE PROPERTY? BECAUSE Y'ALL AND ON SUBDIVISIONS, Y'ALL ALLOW A NARROW STREET THAN THE COUNTY DOES.

AND I'VE SEEN THAT HAPPEN A COUPLE DIFFERENT TIMES WHEN THEY'RE TALKING ABOUT THE SOUTH WINDS AREA AND STUFF LIKE THAT.

SO ARE YOU GOING TO, WHEN YOU GET STARTED, ARE YOU GONNA BE STANDING IN FRONT OF COMMISSIONER'S COURT ASKING FOR AN INCEPTION? BECAUSE THEIR STANDARD IS DIFFERENT THAN A COUNTY'S STANDARD.

JUST SOMETHING TO THROW OUT THERE, YOU KNOW, FOR YOU TO, FOR YOU TO LOOK AT.

BECAUSE I MEAN, THE RIGHT OF WAY IS THERE FOR K PARKWAY, FOR KILGORE PARKWAY.

AND IT'S, IT'S GONNA, IT'S GOING TO BE EXPANDED AS FAR AS YOUR SETBACKS.

THESE ARE TIED.

I, AND THIS MAY BE A QUESTION FOR YOU, BUT I BELIEVE THE SETBACKS ARE TIED TO THE RIGHT OF WAY.

UH, I THINK YOUR SETBACKS ARE DEPICTED IN THE OVERLAY.

YES, THEY'RE RIGHT.

BUT THEY'RE FROM THE, THEY'RE OFF THE RIGHT, THE RIGHT OF WAY.

THEY'LL, THEY'LL ALWAYS BE FROM THE PROPERTY LINE.

THEY'LL ALWAYS BE MEASURED FROM THE PROPERTY LINE, BUT THEY'RE DICTATED BY THE OVERLAY ITSELF, REGARDLESS OF, REGARDLESS OF WHETHER IT'S IN THE COUNTY OR IN OUR LPA.

IT DOESN'T MATTER.

IS THIS OPERATION, IS THIS A FRIDAY OPERATION OR WE ACTUALLY DON'T KNOW WHAT IT'S GONNA BE.

LEMME CLOSE THE PUBLIC HEARING AND UH, SEE, I'M GONNA GET HIM TO SIGN.

LET'S CONSIDER, I HAVE ONE QUESTION.

IT'S OKAY.

MARTIN, WHY WOULD WE NOT AT LEAST HAVE THEM MEET THE MINIMUM OF THE MAJORITY OF SETBACKS ALREADY THERE, WHICH ARE AT LEAST A HUNDRED FEET OR MORE, WITH AN EXCEPTION OF THE ONE VERSUS 75.

WHY WOULD WE NOT AT LEAST RECOMMEND THEY MEET? THE MINIMUM THAT IS SOMETHING THAT YOU CAN CONSIDER.

UM, HOWEVER, THE EXISTING SETBACKS ON RECORD ARE THOSE THAT ARE PRESENTED BY THE OVERLAY DISTRICT AT 75 FEET.

UM, IF YOU'RE TALKING ABOUT 75 FEET TO 25 FEET FOR PRODUCTS THIS BIG, UM, WE'RE NOT REALLY, UH, ACHIEVING MUCH IN THAT FASHION.

AGAIN, OUR STAFF'S CONS STAFF'S RECOMMENDATION IS SAYING THAT YOU STILL NEED TO MAINTAIN A CERTAIN BEAUTY IF YOU'RE GOING TO GET CLOSER TO THE RIGHT OF WAY PERIOD BEYOND WHAT THE C ALLOWS.

SO THE WAY TO DO THAT IS TO UPGRADE THE FRONTAGE OF THE BUILDING, UM, THE THINGS THAT ARE GONNA BE DIRECTED FOR THOSE PASS SURVIVES.

'CAUSE EVERYTHING ELSE IN THE AREA IS GONNA BE LIGHT INDUSTRIAL OR HEAVY INDUSTRIAL.

SO YOU'RE NOT REALLY IMPACTING THE USERS IN THE AREA.

YOU'RE IMPACTING THE VISUAL THAT THE CITY HAS PUT CODES AND ORDINANCES IN PLACE TO PROTECT.

AND IF YOU'RE DRIVING THROUGH A HIGH INDUSTRIAL ZONED AREA, WHAT DO YOU EXPECT TO SEE? UNDERSTOOD.

I MEAN, YEAH, I JUST WAS CURIOUS, MIKE, I WAS JUST CURIOUS AS WHERE THAT WAS COMING FROM.

I MEAN, RIGHT NOW ALL THESE, THE ENTIRE WEST SIDE OF CHAMBERS COUNTY IS, IS WAREHOUSING.

IT'S CHANGING FOR SURE.

AND IT'S, IT'S, YOU KNOW, YOU COULD BE 300 FEET OFF THE ROAD, YOU'RE STILL SEEING A WAREHOUSE.

THOUSAND, THOUSAND FEET.

THINGS IN TERMS OF HISTORY WITH THE CITY, AND I I'VE HAD TO LEARN THIS OVER THE LAST YEAR, IS, IS BASICALLY WHERE YOU HAVE SOMETHING LIKE THIS WHERE THERE IS AN OVERLAY THAT'S, THAT'S SOMETHING THAT WAS INSTATED BEFORE WE HAD THE ULDC, WHICH CAME IN 2014.

AND, AND SO I MEAN, I GET THAT.

IF THEY'RE WILLING TO, TO MAKE IT LOOK, LOOK BETTER, THAT'D BE GREAT.

SO A LOT, A LOT OF WHAT YOU'RE SEEING WITH SOME OF THESE

[01:10:01]

SO OVERLAY WAS INSTATED IN 2012, I THINK.

SO THIS WAS SOMETHING THAT WE'RE THEN THERE, THEN THERE BECOMES A CONFLICT AFTER THAT.

'CAUSE TWO MATTER MATCH JOB, UM, IDEALLY THAT OVERLAY WOULD'VE BEEN INCORPORATED INTO THE ULDC WHEN IT WAS ADOPTED.

THAT DID NOT HAPPEN.

SO WE'RE STILL TRYING TO FIGURE OUT HOW TO NAVIGATE THOSE DOCUMENTS AND HOW THEY BEST WORK WITH ONE ANOTHER.

SO, YOU KNOW, WE ARE LOOKING AT AN UPDATE TO THE ULDC OVER THE NEXT YEAR TO TWO YEARS.

AND AS THAT HAPPENS, THAT'S ONE OF THE THINGS WE PLAN TO, UM, TO RECONCILE, IS MAKING SURE THAT THOSE THINGS THAT CAME BEFORE THE ULDC ARE EITHER INCORPORATED OR CLEARED UP OR SOMETHING.

SO WE DON'T HAVE TO HAVE AS MANY OF THESE CONVERSATIONS.

'CAUSE WE'RE GONNA HAVE MORE OF THESE BEFORE THAT'S DONE.

FOR SURE.

IS IS IT FAIR TO SAY THAT HAD THIS, THE PROPERTY OWNERS NOT DID THIS LIMITED PURPOSE ANNEXATION WITH THE CITY OF BAYTOWN THAT WE WOULDN'T EVEN BE TALKING ABOUT IT TODAY AND IT WOULD ALL BE CHAMBERS COUNTY YEAH.

DEALING WITH IT, RIGHT.

THAT'S EXACTLY WHAT I WAS, WHICH MEANS IT, IT, IT'D BE, IT BE ANYTHING, ANYTHING ANNEXATION CHANGED THAT PRETTY MUCH.

SO.

SO THE FACT THAT THE PROPERTY OWNERS ACTUALLY PUT THIS LIMITED, UH, ANNEXATION IN PLACE AND CREATED SOME SORT OF COMPLIANCE TO ULDC, EVEN IF THE OVERLAY IS A LITTLE IN CONFLICT BY 25 FEET OR WHATEVER IT IS.

I MEAN, IT'S A MUCH BETTER SITUATION THAN IT COULD HAVE BEEN.

UH, WOULD SOMEBODY LIKE, LIKE TO MAKE A MOTION, MR. WILSON? I MOVE THAT WE GRANT THIS SPECIAL EXCEPTION AS REQUESTED.

HOW ABOUT A SECOND? SECOND LEFT.

ANY OTHER DISCUSSION? THE CONDITION WITH THE CONDITION? YES.

WITH CONDITION.

SORRY.

ON THE LAST PAGE WITHIN THE RECOMMENDATION? YES.

LET'S MOVE ON TO FIVE A REPORT FROM THE DIRECTOR.

SECOND.

ALL IN FAVOR SAY AYE.

AYE.

OPPOSED? PASSES.

THIS IS,

[a. Receive a report from the Director of Planning and Development.]

THAT'S IT.

ALRIGHT.

SO WE, WE'VE WE'VE, WE'VE HAD A FEW ACTIONS, UM, FROM CITY COUNCIL.

UM, AND SO WE HAD, UH, LET'S GO DOWN THE LIST HERE.

UM, ANNEXATION OF 34 AND A HALF ACRES AT, UH, JOHN MARTIN AND I 10, UH, AS, AS WELL AS, UH, REZONE OF THIS, UH, OF A LARGER PIECE OF 96 ACRES, UH, FROM OPEN SPACE RECREATION TO GENERAL COMMERCIAL ZONING DISTRICT, IF I REMEMBER CORRECTLY, THAT WAS FOR A, UH, SPECULATIVE, UH, OFFICE, RIGHT.

COMMERCIAL OFFICE TYPE USE.

I LOVE THE UPDATES, BUT SINCE THERE'S NO MORE ACTION ITEMS, I'M GONNA HAVE TO GET OUTTA HERE.

YOU'RE ALL GOOD.

THANK YOU, SIR.

FILL ME IN ON ANYTHING IMPORTANT.

I'LL I'M SORRY, I GOTTA RUN.

AND I DO HAVE ONE OTHER COMMENT ONCE WE CLOSE.

YEP.

UM, WE ALSO HAD A REZONE OF 57, SO THAT WAS APPROVED.

UM, WE ALSO HAD A REZONE OF 57 ACRES, UM, AT THE NORTHWEST CORNER OF NO MAIN AND HUNT FROM SINGLE FAMILY ESTATE AND GENERAL COMMERCIAL TO SF TWO.

THAT IS, UH, KB HOME DEVELOPMENT THAT WE'RE IN THE MIDDLE OF.

ACTUALLY, I'LL JUMP DOWN TO THE ONE.

WHERE DO WE HAVE, UM, THE ONE THAT SAYS BAYVIEW HEIGHTS PUBLIC IMPROVEMENT DISTRICT? THAT'S PART OF THAT AS WELL.

THAT'S KB HOMES.

UM, THEIR ATTEMPT TO, UH, FUND SOME OF THE INFRASTRUCTURE, UM, FOR THAT RESIDENTIAL, UM, DEVELOPMENT.

UH, WE HAD A PUD OF 13 AND A HALF ACRES ON SAN JACINTO BOULEVARD.

UH, JUST SOUTH OF SAN CHEVY ROAD FOR A MULTI-FAMILY COTTAGE DEVELOPMENT, IF YOU GUYS SAW THAT ONE.

THAT ONE IS BASICALLY IS GONNA OPERATE LIKE AN APARTMENT COMPLEX, BUT IT IS LITTLE SINGLE FAMILY COTTAGES.

SO ONE BEDROOM, TWO BEDROOM, THREE BEDROOM HOME.

AND IS IT A SENIOR CITIZEN OR JUST OPEN GENERAL FAMILY? JUST, YEAH, IT'S JUST, UH, MARKET RATE.

WHAT YOU'RE SAYING.

THAT'S, THAT'S A INTERESTING KIND OF PRODUCT.

WE DON'T, IT IS NEW, BUT IT IS SOMETHING WE'RE SEEING ALL OVER THE COUNTRY RIGHT NOW IS REALLY KIND OF PICKING UP STEAM.

SO, BUT AGAIN, IT'LL, IT'LL OPERATE LIKE AN APARTMENT COMPLEX.

A LITTLE MORE PLEASING THOUGH.

WE, WE DO HAVE A COUPLE OF PROJECTS LIKE THAT FOR, UH, SENIOR CITIZENS IN TOWN, YOU KNOW, FILL A NEED.

BUT LOOK AT US.

YOU TALKING ABOUT THE, THE COTTAGES, LIKE AT THE LODGE? UHHUH? YEAH.

UH, FROM SF ONE TO GC THAT IS LIKELY GOING TO BE A GAS STATION AND THEN RIGHT ON THE CORNER.

SO, UM, AND THEN WE HAD A TWO ACRE THAT WAS APPROVED, SO THAT'S A PUD.

SO THEY HAD TO BRING IN, UH, ADDITIONAL STANDARDS IN TWO CONCLUSIONS STANDARDS AND THINGS LIKE THAT.

MAKE IT LOOK NICE, OPERATE.

WELL, I'M REZONE OF TWO ACRES, UH, ON THE CORNER OF MASSEY TOMPKINS AND CROSS BE CEDAR BY YOU.

[01:15:01]

BUT THE REMAINING ANCHORAGE AROUND IT IS STILL, STILL ZONED FAMILY.

IT'S STILL ZONED SINGLE FAMILY AS OF RIGHT NOW.

UM, AND THEN, UH, WE TALKED ABOUT THE PIT AND THEN, UM, FRANKIE'S NOT HERE, SO I'LL JUST KIND OF, UM, THE COMPREHENSIVE PLAN IS, UH, WE HAVE A FINAL DRAFT THAT IS GOING TO PLANNING AND ZONING COMMISSION NEXT TUESDAY NIGHT FOR THE PUBLIC HEARING.

UH, AND THEN WE'LL SEE THAT ON THE 26TH, 26TH I THINK AT CITY COUNCIL HOPEFULLY FOR ADOPTION OF THAT DOCUMENT.

AGAIN, WE'VE BEEN WORKING ON THAT FOR ALMOST A YEAR AND A HALF.

SO WE'RE REALLY EXCITED ABOUT THAT.

AND THAT, THAT'S ALSO, THAT'S WHAT PLANNERS, THAT'S WHAT WE DO.

WE DO COMP PLANS.

SO, UH, SO THIS ONLY COMES AROUND EVERY FEW YEARS PLAN.

SO YEAH.

SO WE'RE ALL EXCITED ABOUT THAT.

AND WHAT THAT MEANS IS ALSO I MENTIONED TO ULDC UPDATE.

UM, ONCE THE COMP PLAN IS DONE, THEN WE'RE GONNA JUMP RIGHT INTO, UH, REWORKING OUR ULDC AND MAKING IT A LITTLE EASIER TO USE, A LITTLE EASIER TO UNDERSTAND, UH, A LITTLE EASIER FOR US TO ADMINISTER.

SO, UM, THAT'LL TAKE PROBABLY ABOUT TWO YEARS TO COMPLETE.

SO WE'RE GONNA JUMP RIGHT FROM ONE BIG PROJECT INTO ANOTHER ONE.

UM, OTHERWISE THAT IS HAVE FOR YOU IF YOU HAVE ANY QUESTIONS, UM, BEFORE WE ADJOURN OR MAYBE AFTER WE ADJOURN AND YOU TELL ME.

UM, I WANT TO DISCUSS THE, THE FIRST EXCEPTION THAT WE VOTED DOWN.

SHOULD WE DO THAT FOR OR AFTER, AFTER WE ADJOURN? DO, UH, WE WE'RE PAST THAT ON THE AGENDA, SO I DON'T KNOW THAT WE CAN DISCUSS IT OFFICIALLY.

YOU CAN DISCUSS IT WITH US, BUT NOT WITH THE QUORUM OF A I THINK IT'S A PROCEDURE QUESTION.

HERE'S MY QUESTION.

UM, I MADE A STATEMENT, I THINK.

ARE WE STILL, I'M SORRY.

YOU TELL ME.

ARE WE STILL, ARE WE ADJOURNED? YOU HAVE NOT ADJOURNED.

NO.

UM, I MADE A STATEMENT, I THINK I DID THAT ALL FOUR CRITERIA IN MY OPINION WERE MET.

AND IN THE PAST WE'VE ALWAYS BEEN TAUGHT, AND CORRECT ME IF I'M WRONG, IF YOU HAVE CRITERIA, IF ANY OF 'EM ARE NOT MET IN OUR JUDGMENT, YOU, YOU, WE MUST DENY THE EXCEPTION OR THE VARIANCE OR WHATEVER.

BUT IF ALL OF THEM ARE MET, WE MUST KEYWORD APPROVE IT.

UM, I MADE A STATEMENT THAT I THOUGHT ALL FOUR WERE MET AND YET WE VOTED IT DOWN.

UM, HOW, HOW BIG AN ERROR DID I MAKE IN, NO, I DON'T THINK IT'S UP TO EACH OF Y'ALL TO DETERMINE IF YOU THINK THE CRITERIA WERE MET, STAFF CAN GIVE THEIR RECOMMENDATION THAT THEY THINK THAT THEY WERE ALL MET.

AND YOU CAN DETERMINE THAT YOU THINK THAT THEY WERE ALL MET, BUT THEY CAN DETERMINE THAT THEY DON'T.

AND I GUESS FROM MY OWN EDIFICATION, I GUESS WHAT I SHOULD HAVE DONE.

NO, I UNDERSTAND EXACTLY WHAT YOU'RE SAYING.

'CAUSE NOW I'M CONFUSED.

WHAT I SHOULD HAVE DONE WAS ASK YOU GUYS, DO Y'ALL AGREE THAT ALL FOUR HAVE BEEN MET? AND IF NOT, WHICH ONES HAVE NOT BEEN MET UNDER YOUR CONCERNS? I DIDN'T DO THAT.

I ASSUMED YOU GUYS ALL AGREED WITH MY STATEMENT THAT ALL FOUR WERE MET.

AND IF YOU DID WELL, I'M ASKING YOU FROM LEGAL.

WE CAN'T TURN, WE CAN'T TURN IT DOWN.

AND WE LEGALLY, I CAN TELL YOU MY CONFLICT WAS WITH THE WAREHOUSE.

WE CAN'T DISCUSS STUFF.

DISCUSS THE ISSUES.

YOU CAN DISCUSS IT, DISCUSS THE PROCESS.

WE'VE ALREADY PASSED THAT PROBLEM AND WE CAN DISCUSS WHAT YOU WANT TO TALK ABOUT AFTERWARDS.

JUST NOT WITH A QUORUM.

LIKE IF YOU WANT TO TALK TO ME OR WELL, IF WE HAVE QUORUM, WE DON'T HAVE A QUORUM.

QUORUM.

SO WE CAN, WE DON'T, WE CAN TALK ABOUT IT.

YES, YOU DO.

WE DO.

THREE OUTTA FIVE.

NO, WE GOTTA HAVE FOUR OUTTA FIVE.

WE HAVE TO HAVE FIVE.

NO, YOU JUST HAVE TO HAVE A BOARD.

I MEAN, WE HAVE TO HAVE FOUR.

MORE THAN HALF IS THREE.

WE HAVE FOUR.

SORRY.

BUT I MEAN, I MEAN Y'ALL, I'M JUST GONNA, AND THE WAY WE RESET THE QUORUM FOR THIS OR FOR THIS BOARD WAS OUT OF FIVE.

WHICH IS WHY WE ADDED ANOTHER ALTERNATE.

WITH JESSE NOT HERE, YOU'RE HERE WITH YOU HERE.

HE'S NOT HERE.

UM, I MEAN I'M, IIII I'M HAPPY TO BE EDUCATED ON WHAT OUR, I MEAN, I DON'T WANNA OVERSTEP MY RESPONSIBILITY.

SO I THINK IT'S CONCERN IS DOES THE RECORD, IS THE RECORD GONNA SHOW THAT? YOU SAID, WE SAID THAT WE, I SAID ALL FOUR ARE MET AND WE DENIED IT.

AND DID WE JUST VIOLATE THE, THE, THE RULE? I BELIEVE SO.

WHAT, THE WAY I WOULD TAKE IT IS THAT YOU, YOU SAID THAT YOU BELIEVE ALL FOUR.

AND I DID SAY THAT.

ALRIGHT.

I THINK AS THE CHAIR, THAT'S WHAT MY NOTES SAY.

AS THE CHAIR, YOU DON'T SPEAK FOR THE OTHER MEMBERS OF THE BOARD.

I THINK THAT'S KEY HERE.

MET PERSONALLY, THEN PROCEDURALLY, THEN YOU CAN, THEN YOU CAN VOTE IT DOWN.

AND THAT'S KIND OF WHAT WE TALKED ABOUT, WHICH IS, I THINK IT, IT IS EXACTLY, UM, WHAT TREVOR SAID.

YOU GUYS HAVE TO DECIDE INDIVIDUALLY DID THEY MEET THAT BURDEN OF PROOF OR DID THEY NOT MEET THAT BURDEN OF PROOF? IF YOU FEEL LIKE ONE, EVEN ONE OF THOSE CRITERIA WERE NOT

[01:20:01]

AND, AND WHERE I WANT TO END UP WITH, AND, AND I'VE DONE THIS ON ANOTHER BOARD TOO.

UM, IF, IF I'M CHAIRING THE MEETING AND I DON'T ASK EACH OF Y'ALL FOR YOUR OPINION OF DID YOU MEET OR DID YOU NOT MEET, THEN I'VE SCREWED UP.

BECAUSE IF SOMEBODY THINKS PROCEDURALLY THAT THEY DIDN'T, I NEED TO KNOW THAT.

AND OTHERS NEED TO KNOW THAT, IN MY OPINION, COME BACK WITH SOMETHING BECAUSE HELL, I'M NOT SURE.

I'M NOT SURE.

WE'RE NOT GONNA, WE'RE NOT GONNA TALK ABOUT WHY Y'ALL VOTED AGAINST IT.

BUT I SURE AS HELL WOULD'VE LIKED TO HAVE KNOWN.

I'M SORRY, I MIGHT HAVE CHANGED.

I'M NOT CRITICIZING Y'ALL.

I KNOW, I UNDERSTAND.

MY INTERPRETATION IS WE WERE, WERE WE AGREEING ON THAT THERE COULD BE AN EXCEPTION TO A WAREHOUSE, THE SETBACKS AND THE SETBACK STANDARD FOR A WAREHOUSE? NOT WHETHER THEY WERE MET OR NOT.

DO WE AGREE THAT THAT WAS OKAY, SO IF IF I'M WRONG IN THAT, THEN YOU SEE WHAT I'M SAYING? I MEAN, YOU WERE CONSIDERING WHETHER HE, THEY MET THE FOUR CRITERIA THAT WOULD ALLOW THEM TO HAVE AN EXCEPTION TO THE ARE YOU SAYING YOU RULE, YOU WERE JUST, YOU'RE BASICALLY, YOU'RE WAS LIKE, I JUST DON'T LIKE IT.

NO, NO, NO, NO, NO, NO.

I MEAN IT'S, I I, IT WAS NOT AN EASY DECISION FOR ME AT ALL.

BUT I UNDERSTAND WHAT HE'S SAYING AND IF, WELL, IF IT'S A MO POINT, LIKE MY QUESTION IS WHY ARE WE HERE IF IT'S A MO POINT, RIGHT? 'CAUSE I DON'T WANT MY TIME WASTED.

NO, NO.

IT'S NEVER A MOOD POINT.

IF THEY COME IN AND SAY ALL OUR FOUR CRITERIA ARE MET, THEN, BUT WE HAVE TO AGREE, WHICH IS WHY I MADE THE STATEMENT.

THAT I AGREED WITH STAFF, THAT ALL FOUR WERE MET.

AND WHAT I DIDN'T HEAR WAS WHAT I JUST SAID.

AND THAT P****S ME OFF.

'CAUSE I DIDN'T DO THE RIGHT JOB FOR ME.

I, IT JUST MATTERS ABOUT THE DETAILS.

Y'ALL ARE PERFECTLY FINE TO DO WHAT YOU DID.

UM, IF YOU, YOU COULD ALWAYS ADD MORE DETAILS TO WHY YOU SAY, BUT IT'S A YAY OR NAY VOTE.

IT'S NOT A SO, AND WHEN YOU HAVE A FAILED VOTE LIKE THAT, AND I, AND I, AND I'LL DEFER TREVOR ON THIS, BUT IN WHAT I'VE SEEN IN THE PAST TOO, IS A LOT OF TIMES THE CHAIR WILL CALL FOR THE OPPOSITE VOTE.

WHAT YOU HAD WAS A FAILURE OF ANY ACTION.

WHAT YOU COULD DO IS TAKE AN ACTION IN THE OPPOSITE DIRECTION, IN WHICH CASE YOU WOULD DEFINITELY BE PROMPTED BY, OKAY, NOW THAT YOU WANT TO VOTE IN THE NEGATIVE, PLEASE TELL US WHY.

WHAT ARE YOUR REASONINGS FOR THAT? THAT GIVES US A REAL, REAL CLEAR FINDINGS OF FACT FROM HOW, WHICH WAY TO GO FROM HERE.

THAT GIVES US A LOT BETTER.

SO I, I WILL KIND OF APPROACH BOTH OF YOU AFTERWARDS TO SAY WHAT, WHAT WERE YOUR BIG HANGUPS ONE-ON-ONE? BECAUSE I NOW HAVE TO, UM, I HAVE TO GUIDE THE APPLICANT 'CAUSE HE'S GONNA COME BACK.

BUT, BUT 'CAUSE WHAT ARE THEY GONNA DO? AND, AND YOU KNOW, WE YES.

AND AND THEY WANT TO MAKE SURE THAT NEXT TIME THEY'VE HIT ALL YOUR CONCERNS SO THAT THERE'S NO WELL, AND AND I PROCEED.

WELL, I'M SORRY.

I'M NOT GONNA REST THIS BOSS MIKE, YOU, YOU DIDN'T DO ANYTHING WRONG.

I SAID THE ONLY THING I WOULD SAY IS YOU COULD CALL FOR A VOTE OF THE OPPOSITE.

I, WHAT I FELT THAT I DID WRONG IS CHAIR, WHAT I, WHAT I WISHED I HAD DONE WAS ASK YOU AND YOU DO YOU HAVE ANY ISSUES WITH THE FOUR CRITERIA? AND I DIDN'T DO THAT.

NO, YOU'RE YOU'RE SO SKILLFUL AND YOU'VE BEEN DOING IT FOR SO LONG AND WE HAVE SO FEW ISSUES.

YOU KNOW, IN THE 10 PLUS YEARS THAT I'VE BEEN DOING IT WITH YOU, I WAS THINKING ABOUT THAT 10 PLUS.

I DON'T REMEMBER EXACTLY HOW LONG THAT'S I'M A, BUT UH, BUT, BUT, BUT MY POINT IS WE DON'T HAVE SPLIT VOTES.

WE DON'T HAVE, UM, REQUESTS THAT ARE LESS THAN THIS MANY, BUT VERY FEW.

I MEAN, THERE ARE VERY FEW.

I IN FACT, ANYWAY, ANYBODY WANNA MOVE THAT WE TURN? UH, I MOVE.

I'M HAPPY TO MOVE THAT .