* 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. [00:00:19] ORDER MAY PLEASE [1. CALL TO ORDER AND ROLL CALL] CALL RO MS. TAMMY? YES. PRESENT. MR. AUGUSTINE? PRESENT. RICK. PRESENT. DONNA. PRESENT. STAND HERE, MITCHELL. HERE. ITEM NUMBER TWO IS THE MINUTES [a. Consider approving the meeting minutes of the July 19, 2022, Planning and Zoning Commission regular meeting.] TO CONSIDER APPROVING THE MINUTE MEETING MINUTES OF JULY 19TH, 2022. THE PLANNING AND ZONING REGULAR MEETING. DO I HEAR A MOTION? MOTION TO ACCEPT SECOND MOTION. AND A SECOND PASSES. ITEM NUMBER THREE, [a. Consider a variance from the requirements of Chapter 18 "Buildings and Building Regulations," Article XIV "Landscaping," Section 18-1206: Streetscape of the Code of Ordinance, Baytown, Texas for property located at 4850 East Wallisville Road.] A. COMMISSIONERS, CAN YOU PLEASE BE SURE TO TURN ON YOUR OVER HERE? DOWN HERE? . , CAN YOU PLEASE BE SURE TO TURN ON YOUR MICROPHONE AND BRING IT TOWARDS YOUR FACE? OUR, UM, EXPERT WITH THE MICROPHONES ISN'T HERE TO TURN IT ON FOR YOU, SO PLEASE MAKE SURE YOU DO THAT BEFORE YOU SPEAK. THANK YOU. ALL CLEAR? GOT IT. UH, THREE A IS A VARIANCE. CONSIDER A VARIANCE FROM THE REQUIREMENTS OF CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS. ARTICLE 15 LANDSCAPING. ACTUALLY, THAT'S ARTICLE 14, LANDSCAPING SECTION 18 DASH 1206 STREET SCAPE OF THE CODE OF ORDINANCE, BAYTOWN, TEXAS FOR PROPERTY, LOCATED AT 48 50 EAST VILLE ROAD. GOOD EVENING, COMMISSIONERS. UH, THIS PARTICULAR ITEM IN FRONT OF US IS A LANDSCAPE VARIANCE. THIS PARTICULAR, UH, APPLICATION AND PROCESS, IT'S BEEN A WHILE SINCE YOU ALL HAVE SEEN ONE BEFORE. IT'S A LITTLE BIT DIFFERENT THAN WHAT WE HAVE FOR OUR ZONING, UM, CRITERIA BECAUSE IT IS DEALING WITH SITE DEVELOPMENT AS OPPOSED TO JUST THE ENTIRE LAND USES ON THE SITE. SO TONIGHT I'M GOING TO WALK YOU THROUGH TWO ITEMS THAT ARE ASKING FOR A STREET SCAPE VARIANCE, WHICH IS, WHICH IS A REQUIREMENT BY CODE, UM, ALONG ALL OUR CORRIDORS AND AT DIFFERENT WIDTHS. SO, UM, THIS PARTICULAR PROPERTY HERE ON VILLE ROAD IS A 2.9 ACRE TRACT OF LAND. IT IS CURRENTLY A VACANT SITE, UM, BUT IT HAS STARTED THE PERMITTING PROCESS FOR DEVELOPMENT. UM, DURING THE SITE DEVELOPMENT AND THE PLATTING OF THE PROCESS, THE APPLICANT WAS ASKED TO DEDICATE OR WAS REQUIRED TO DEDICATE 10 FEET OF STREETSCAPE OR 10 FEET OF LAND ALONG VILLE FOR FUTURE VILLE IMPROVEMENT AND EXPANSION. UM, WHAT THAT DID WAS IT REDUCED THE AMOUNT OF AREA THAT HE WAS ORIGINALLY PROPOSING FOR STREETSCAPE. UM, AS YOU CAN SEE HERE ON THE, OOPS, AS YOU CAN SEE HERE ON THE PLANS, IT SAYS 15 FOOT LANDSCAPE EASEMENT. THAT WAS THE AREA THAT WAS ORIGINALLY BEING PROPOSED, BUT WITH THE DEDICATION OF THE LAND, UM, HE IS NOW DOWN TO SIX FEET. UH, SO THAT LEAVES YOU THAT GREEN STRIP OF SIX FEET OF STREET SCAPE, WHICH IS OUR MINIMUM, WHICH IS ALLOWED ALONG COLLECTOR ROADS. BUT WALLACE VILLE ROAD IS AN ARTERIAL BIGGER ROAD, BIGGER STREET SCAPE REQUIREMENT. SO, UM, IN THIS CASE, THE APPLICANT CANNOT MEET THE STREETSCAPE REQUIREMENT WITH HIS PROPOSED PLAN THAT WE HAVE HERE, HE IS ASKING TO REDUCE IT DOWN TO SIX FEET, BUT HE WANTS TO ENHANCE THE, THE LANDSCAPING THAT'S INTERIOR TO THE PROPERTY. SO, AS YOU KNOW, OUR PARKING AREAS ARE REQUIRED TO HAVE, UH, PARKING ISLANDS, AND SOME OF THOSE HAVE TO BE PLANTED, AND THEY HAVE TO BE, UH, UH, WITH BUSHES AND TREES. THEY HAVE TO BE PLANTED WITH BUSHES AND TREES. THIS PARTICULAR APPLICANT IS PROPOSING TO PUT EVERGREEN TREES INSIDE OF THESE ISLANDS SO WE CAN HAVE YEAR-ROUND INTEREST INTERIOR TO THE PROPERTY IN EXCHANGE, UH, FOR THE STREETSCAPE. WHEN STAFF LOOKED AT THIS PROPOSAL, WE SEE THAT THE SITE IS VACANT. WE, WE LOOK AT IT AND SAY THAT THERE IS SPACE FOR STREETSCAPE TO STILL BE PROVIDED. UM, BUT THE APPLICANT IS, UM, PROPOSING TO DO THIS ADDITIONAL THINGS ON THE SITE IN ORDER TO ACCOMMODATE, UM, THE, THE AREA THAT HE'S HOPING TO GET A VARIANCE FROM FOR, FOR THE DEVELOPMENT. HE IS HERE TO SPEAK TO HIS SITE TONIGHT. UM, STAFF IS [00:05:01] RECOMMENDING A DENIAL OF THE APPLICATION, BUT IF THE COMMISSION DOES DECIDE TO, TO GRANT APPROVAL, WE ARE RECOMMENDING IT WITH TWO CONDITIONS. AND THOSE CONDITIONS INCLUDE THAT THE LANDSCAPING ISLANDS ON THE SITE PLAN SHALL BE PLANTED AND APPROVED WITH EVERGREEN TREES. UM, ANY ROW OF PARKING WITH MORE THAN 10 ADJOINING PARKING SPACES SHALL BE REQUIRED TO HAVE ADDITIONAL LANDSCAPING ISLANDS. AND THAT'S ESSENTIALLY THE PRODUCT THAT YOU GET HERE. SO INSTEAD OF HAVING THOSE CONTINUOUS LONG STRIPS OF PARKING, WE BREAK IT UP WITH LANDSCAPING ISLANDS AND THUS WE GET MORE GREEN SPACE ON THE SITE AND, BUT NOT AT THE STREETSCAPE. AND THAT'S, THAT'S PRESENTATION. THANK YOU. WE HAVE FIVE PEOPLE SIGNED UP TO SPEAK. DALE RUSSELL. OH, NOT ON THIS ITEM. IT WOULD BE THE NEXT ITEM. OH, THE 83. IT'S THE NEXT ONE. NOW. OTHER 1 46 . AH, I SEE WALTER. OKAY, VERY GOOD. NEXT ITEM. IT'S NOT MARKED COMMISSIONERS. ANY QUESTIONS? IS, IS THAT AREA CONDUCIVE TO HAVING A SIDEWALK UP FRONT? YES, IT WOULD, IT WOULD REQUIRE A SIDEWALK. OKAY. HERE IS THE PROPOSED SIDEWALK ALONG VILLE. I HAVE A QUESTION. YES, MA'AM. SO WHY, THAT WAS MY QUESTION. DID I, DID I MISS IT SOMEWHERE? LIKE WHY CAN IT NOT BE MET? WHY CAN THE CODE NOT BE MET? THAT THE, THE APPLICANT IS PROPOSING THAT TO MAXIMIZE THE DEVELOPMENT AS IT WAS ORIGINALLY PROPOSED? UM, IT, IT CAN'T BE MET IN THIS CONCEPT, IN THIS CONCEPT. STAFF TAKES THE SAME STANCE THAT, THAT SEEM, THAT I SEEM TO BE HEARING HERE IS THAT THERE IS SPACE FOR THE CONCEPT TO CHANGE. AND THAT'S, THAT'S WHY WE RECOMMENDED DENIAL, UM, OF THE APPLICATION. THE APPLICANT SAW STAFF'S CONCERNS AND THEN RESPONDED WITH, HEY, I CAN GRANT, I CAN DO MORE LANDSCAPING INTERIOR IF I AM GRANTED THIS VARIANCE. SO THAT'S WHAT YOU'RE LOOKING AT ON YOUR SCREEN. MAY I ASK YOU TO GO BACK ONE SLIDE? I THINK IT'S A LITTLE CLEARER. THE COLORING. OKAY. SO THE YELLOW REPRESENTS WHAT AND WHY CAN'T IT BE REQUIRED? 15. THE YELLOW REPRESENTS THE AREA THAT IS BEING DEDICATED TO THE PUBLIC OR TO THE CITY FOR THE IMPROVEMENTS FOR AN EXPANSION OF VILLE ROAD. OH. SO WHEN WE MAKE IMPROVEMENTS, UM, TO WALLACE WHEEL ROAD, IT REQUIRES US TO HAVE A WIDER RIGHT OF WAY. MM-HMM . AND THIS IS GENERALLY HOW WE GATHER LAND DURING DEVELOPMENT. WE ASK THE DEVELOPERS TO GRANT US THE 10 FEET OR THE 20 FEET OR WHATEVER THE DISTANCE IS FOR THAT IMPROVEMENT SPACE TO HAPPEN SO THAT WE DON'T THEN HAVE TO GO IN AND BUY IT LATER ON. QUESTION. AND SO THE THE SECTION IN YELLOW WOULD BE GRASS, RIGHT? IT COULD BE GRASS, YES. IT WILL BE INITIALLY YES, FOR SURE. BECAUSE I, IN MY OPINION, THAT THAT LOOKS LIKE THEY'RE FULFILLING THE, THE DESIRE TO HAVE GREEN SPACE. UH, I THINK THEY WOULD LOSE A LOT OF PARKING SPACES IF THEY DID MORE INTERIOR. UH, I'D BE INCLINED TO APPROVE THIS BECAUSE, YOU KNOW, THEY'RE WORKING WITH THE, THE ROADWAY. THEY'RE WORKING WITH THE CITY. UH MM-HMM . I, I SEE THIS AS A WIN-WIN. AND THE APPLICANT IS HERE ALSO TO SPEAK TO ANYTHING. IF YOU GUYS WANTED TO HEAR FROM HIM, AND, AND MY QUESTION LINES UP. I'M SORRY, MR. NO, NO. WE'RE GOOD WITH, UM, IF, IF THE CITY NEEDS THAT LAND AND THEY NEED TO NARROW THEIR GREEN SPACE, AND THEN WE'RE GONNA REQUIRE THEM TO ADD ADDITIONAL GREEN SPACE FOR EVERY 10 PARKING SPACES. WELL, NOT FOR EVERY 10 PARKING SPACES, JUST SO THAT WE DON'T HAVE A CONTINUOUS ROW OF PARKING. UM, WE ASK THAT THE APPLICANT INSTALL ADDITIONAL PARKING ISLANDS, AND BASICALLY THAT GETS YOU A NEW PARKING ISLAND HERE. IT REDUCES THE AMOUNT OF PARKING THAT ARE ALONG THE EDGES HERE. AND THEN WE BUMPED OUT AND PLANTED TREES INSIDE OF THE ISLANDS THAT ARE ADJACENT TO THE STREETSCAPE, MR. . SO THE, THE EASEMENT, WOULD THAT, WOULD THAT INTO, UH, INCLUDE THE, THE SIDEWALK AREA? IT, THE EASEMENT IS OUTSIDE. WELL, THE SIDEWALK IS BEING PROPOSED OUTSIDE OF THE EASEMENT AREA. OH, OKAY. AGAIN, AND OUR DRAWING ISN'T WORKING HERE, BUT THAT'S [00:10:01] OKAY. I, I JUST WANTED TO KNOW IF IT'S PART OF THE EASEMENT. IT IS OUT. I SEE WHERE YOU'RE TALKING. YES. THE, THE SIDEWALK IS OUTSIDE OF THE, THE EASEMENT AREA AND THUS OUTSIDE OF THE STREETS SCAPE AS WELL. AND SO THEY'D LOSE SOME PARKING SPACES AND THEY'D STILL HAVE ENOUGH PARKING SPACES TO QUALIFY FOR THE DEVELOPMENT TO MEET THE DEVELOPMENT REQUIREMENTS. IF THEY LOSE, POTENTIALLY, YES, WE WOULD HAVE TO SEE A REDESIGN OF THE SITE IN ORDER TO MAKE THAT DETERMINATION. BUT WE BELIEVE SO. SO WHAT IS THE NUMBER WITH IT? AND WITHOUT IT, WHAT IS THE, HOW MANY WOULD THEY LOSE THE NUMBER OF PARKING SPACES? YEAH. WELL, IT WOULD, THEY WOULD JUST HAVE TO REDESIGN THE SITE. I'M NOT SURE. I JUST THOUGHT MAYBE HAD AN IDEA. YES, THEY WOULD MEET THE SITE, THE PARKING REQUIREMENTS OR YES, THEY WOULD LOSE PARKING SPACE. THEY WOULD HAVE TO REDESIGN THE SITE. AT WHICH TIME WE WOULD BE ABLE TO ANSWER THAT QUESTION. AT THIS TIME, WE CANNOT ANSWER THAT QUESTION. I JUST WANTED TO BE FAIR. I I WAS JUST THINKING IF IT WAS A SIGNIFICANT NUMBER UNDERSTOOD, THEN I COULD SEE THE PROBLEM WITH THAT. YOU KNOW? SO THAT'S WHY I WAS TRYING TO GET A NUMBER UNDERSTOOD WHAT THE CURRENT SITE, THE SORRY REQUIREMENT ARE. I NEED YOU TO STEP FORWARD AND, AND STATE YOUR NAME FOR THE RECORD, PLEASE. OH, YES, . SORRY, THIS IS MY FIRST TIME, SO, SORRY. UM, MY NAME'S SHAKI. I'M THE OWNER OF THE DEVELOPMENT ON EAST WALLACE FIELD. AND, UM, I'M HERE TODAY ASKING FOR A VARIANCE. UM, WE DID, UM, WE WENT THROUGH EXTENSIVE, EXTENSIVE BACK AND FORTH WITH, UH, THE CITY ENGINEERS AND EVERYONE TO MAKE SURE WE'RE COMPLIANCE WITH EVERYTHING ELSE AS FAR AS THE FIRE LING GOES, AND THE SAFETY PRECAU, LIKE THE SAFETY FOR THE WHOLE PROPERTY. AND WITH THAT, UM, THE SIX FEET, IF WE'RE NOT GRANTED IT, WE WON'T BE ABLE TO MEET THE FIRE LANE REQUIREMENTS, PARKING LOT REQUIREMENTS AND ET CETERA. THAT'S KIND OF OUR HARDSHIP. UM, AND WE'RE DEDICATED, WE'RE PUTTING A, A LARGE DETENTION POND IN THE, THE BACK, UM, TO PROVIDE FOR, UH, THE STORM WATER. UM, WE'RE ACTUALLY, YOU KNOW, IN THE PERIMETER OF THE PROPERTY, WE DID A LOT OF, UM, GRADING. SO WATER DOESN'T FLOW OUT. THAT'S ALL CIVIL STUFF. I KNOW THAT'S NOT PART OF, BUT WE MADE A LOT OF ACCOMMODATIONS TO MAKE SURE OUR SITE PLAN WORKS. AND, UM, YOU KNOW, THE VARIANCE IS, YOU KNOW, IT'S A CRUCIAL PART FOR US. AND IF WE'RE ABLE TO GET THAT, I MEAN, I THINK WE'RE ABLE TO MOVE FORWARD WITH OUR DEVELOPMENT. SO, BUT AS FAR AS THE REQUIREMENTS GO FOR TREES, WE'RE GOING ABOVE AND BEYOND. WE WANNA MAKE SURE IT'S GONNA BE A LOT OF GREENERY. UH, A LOT OF, YOU KNOW, FRONT, WE'RE GONNA PLANT A LOT OF BUSHES, A LOT OF TREES. UM, THE PARKING LOT REQUIREMENTS ARE MET, UM, WITH THE CURRENT SITE PLAN. UM, WHICH IS HOW MANY PARKING SPOTS NOW THAT YOU'RE PROPOSING, HOW MANY PARKING SPOTS THERE IS CURRENTLY? UH, THAT'S YOUR PROPOSING. 108. 108. OKAY. I'LL HAVE TO DOUBLE CHECK. I'M SORRY. THAT'S ALL. I MEAN, I JUST, YOU KNOW, I'M JUST TRYING TO GET AN IDEA OF WHAT PERCENTAGE YOU MIGHT LOSE. 1 0 8. THIS IS 1 0 8. 1 0 8. IT LOOKS LIKE THEY ONLY LOSE THREE OR FOUR TO ME. CORRECT. THAT'S MY POINT. AND THEN WE MADE UP FOR THAT IN, IN, IN A DIFFERENT PARKING AREA, BECAUSE TO ME, THE, THE DETENTION POND IS WAY MORE IMPORTANT THAN THE SHRUBS IN FRONT OF THE, IN FRONT OF THE BUSINESS. UH, I, I, I LIKE THE FACT THAT, 'CAUSE THE ONLY THING I SEE DIFFERENT IS IF IT WASN'T FOR THIS EASEMENT, YOU'D JUST BE PLANTING MORE SHRUBS OUT THERE. SO YOU'VE REALLY ALLOWED ALL THE SAME AMOUNT OF SPACE IN MY MIND. UH, SO I, I'D LIKE TO MAKE A MOTION TO APPROVE THE VARIANCE. UH, BEFORE WE GO ANY FURTHER, WE KIND OF CONVERTED OVER TO A PUBLIC HEARING, SO I'M GONNA READ THE PUBLIC HEARING. OKAY. UM, ALTHOUGH THIS IS NOT ONE, LET'S FINISH THAT. UM, I, UH, THIS, I'LL READ THE FOLLOWING ONE TIME. AND IT APPLIES TO ALL PUBLIC HEARINGS. UH, PUBLIC HEARINGS ARE HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD HAVE SIGNED THE APPROPRIATE LIST. AS THE LIST WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING. EACH SPEAKER SHALL GIVE HIS OR HER NAME TO AND ADDRESS HIS OR HER NAME AND ADDRESS 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 CONCISE AS POSSIBLE. IF YOU ARE A GROUP WISHING TO ADDRESS THE BOARD ON THE SAME SUBJECT, PLEASE SELECT THE SPOKESPERSON TO PRESENT THE INFORMATION. IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME. OKAY. UM, CAN I SAY SOMETHING? YES, MA'AM. OKAY. I'M INCLINED TO DENY THIS, AND I WILL TELL YOU WHY. WE SET CODES FOR A REASON, BECAUSE WE NEED TO BEAUTIFY THIS CITY. AND I DON'T SEE ANYTHING ON THIS PLAN THAT MAKES ME HAPPY THAT THIS IS HAPPENING. THERE'S NOTHING THAT BENEFITS BAYTOWN PER SE, THAT WOULD ALLOW ME TO WANNA MAKE A DIFFERENCE. I MEAN, WE'RE TALKING ABOUT A WASH, A FAMILY DOLLAR, A GAS STATION. I MEAN, WE HAVE ALL THESE THINGS. NOTHING THAT I THINK THE NEIGHBORS AROUND 'EM BE HAPPY ABOUT. AND I, I, AS A FELLOW BUSINESS OWNER, I FEEL YOUR PAIN. AND I HATE TO SAY THAT TO YOU, BUT I THINK WE NEED TO STAY [00:15:01] AT OUR CITY CODE. THE CITY, THE CITY IS GONNA BENEFIT. I MEAN, IT'S MULTIMILLION DOLLAR TAX REVENUE, NEITHER HERE NOR THERE. I'M TALKING ABOUT THE CONSUMERS. I'M TALKING ABOUT WHAT I NEED LIVING IN BAYTOWN. BUT THAT'S NEITHER HERE NOR THERE. I MEAN, I WOULD RESPECTFULLY DISAGREE. HOW MANY CLIENTS TO AGREE WITH? UM, MY COMMISSIONER, MY FELLOW COMMISSIONER THAT WE HAVE DOZENS OF FAMILY, WELL, NOT DOZENS, BUT SEVERAL FAMILY DOLLARS AND FOOD MARTS AND GAS STATIONS EVERYWHERE. I WANNA REMIND THE COMMISSIONERS REAL QUICK THAT AS, UM, AS NOT MR. CHAVE WENT THROUGH WITH HIS REPORT, UM, THE, UH, UH, JUST A REMINDER THAT THERE ARE FOUR CRITERIA THAT ARE LABELED THAT ARE, ARE LAID OUT IN THE CODE, THAT ARE, UH, TO HELP WITH YOUR DECISION MAKING PROCESS. AND THOSE ARE IN YOUR STAFF REPORT. SO, UM, SO WHILE YOU DO HAVE YOUR OWN REASONS, AT THE END OF THE DAY, THESE FOUR CRITERIA ARE THE ONES THAT STAFF MADE THE REP THE RECOMMENDATION BASED ON. SO I JUST WANNA REMIND YOU OF THAT. SO I, I APOLOGIZE FOR INTERRUPTING. THANK YOU FOR THAT REMINDER. AND WE CAN JUST LOOK AT IT. WELL, AND IF I HEARD YOU CORRECTLY, EVEN THOUGH STAFF RECOMMENDED AGAINST IT, YOU GAVE TWO OTHER PROVISIONS THAT THEY'VE MET. YES. UH, SO PART OF THE STAFF SAID, IF, IF THE COMMISSION SO CHOOSES TO DO SO, THEN YOU HAVE THE ABILITY TO PUT CONDITIONS ON THE SITE. AND THAT PART OF STAFF'S RECOMMENDATIONS OR, UH, SUGGESTIONS ARE TO MAKE THE INTERIOR OF THE SITE MORE ROBUST IN LANDSCAPING AS OPPOSED TO AT THE STREETSCAPE. AND THAT'S THE IMAGE THAT YOU SEE BEFORE YOU HEAR. YEAH. SO THAT MEANS THAT THE TREES HAVE TO BE EVERGREEN IN NATURE, WHICH GIVES US THE YEAR ROUND CHARACTER. AND THEN IT ALSO CREATES THE ADDITIONAL ISLANDS THERE TO MAKE SURE THAT WE DON'T HAVE A CONTINUOUS PARKING LOT OF, OF PARKING SPACES. SO IT BREAKS UP THE PARKING AREA A LITTLE BIT. SO OUR DECISION IS CONFINED TO THESE FOUR THINGS, THE ITEMS THAT MARTIN JUST, UH, POINTED OUT TO US, AND WE REALLY DON'T HAVE A VOTE ON THE STORES. . THAT'S CORRECT. THE, THE, THE TASK AT HAND IS REALLY TO FOCUS ON WHETHER OR NOT IT'S APPROPRIATE TO GRANT THE STREETSCAPE WITH VARIANCE OR NOT. THE STORES ASSOCIATED WITH IT ARE NOT AN ISSUE BECAUSE WE DON'T HAVE CONTROL OVER THAT ANYWAY. EXACTLY. RIGHT. THAT, AND THAT WASN'T MY POINT. MY POINT WAS I DIDN'T SEE ANYTHING PROPOSED THAT WOULD MAKE ME WANNA CHANGE CITY CODE OR, OR TO GIVE A VARIANCE. THAT WAS MY POINT. UNDERST JUST, UH, IT'S STILL SUBJECT TO COUNSEL APPROVAL AND YOU KNOW, WE'RE, WELL, NO, THE DECISION IS GOING TO BE YOURS. OH, OKAY. AND THE FINAL DECISION RESTS WITH THIS BODY TONIGHT. OKAY. AND I HAVE A QUESTION FOR THE OWNER IN THOSE FOUR BUSINESSES, ABOUT HOW MANY EMPLOYEES WOULD YOU END UP WITH? UH, WE'RE GONNA HAVE PROBABLY LIKE 50 EMPLOYEES. OKAY. YEAH. 50, 60 MORE EMPLOYEES PLUS, UM, YOU'RE SAYING 55. OH, 55. YEAH. OKAY. THAT'S A LOT OF PEOPLE. YEAH. . UM, AND THEN PLUS AGAIN, UM, WE ARE PROVIDING LANDSCAPING FOR EVEN IN THE INTERIOR PARKING LOT. SO THE BEAUTY IS STILL GONNA BE THERE. UM, THE DEVELOPMENT, UM, IS GONNA, IT IS GONNA BRING AESTHETICS TO THE NEIGHBORHOOD. IT'S, I MEAN, EVEN THE FAMILY DOLLAR THAT WE'RE PUTTING THERE, IT'S THE NEW GENERATION ONE. IT'S NOT THE OLD RAGGEDY METAL BUILDING LOOKING LIKE ONE. THESE ARE FRONT STUCCO, UM, YOU KNOW, CENTER, LIKE THOSE BLOCKS AND EVERYTHING. SO THIS IS, THIS IS PROFESSIONAL. UM, SAME THING WITH THE SHOPPING CENTER. SAME THING WITH THE GAS STATIONS. WE'VE DONE MULTIPLE GAS STATIONS AND RETAIL CENTERS, AND OUR CONSTRUCTION IS, UH, IT MAKES, WE MAKE IT REALLY APPEALING. WE WORKED WITH REALLY TOUGH CITIES BEFORE TOO. SO, UM, OUR REQUIREMENTS AS FAR AS MAKING SURE EVERYTHING IS MET TO CODE IS, WE KEEP IT REALLY STRAIGHT. RIGHT. THANK YOU FOR SAYING THAT. ANY OTHER COMMENTS? COMMISSIONERS? I, I JUST, UH, MY, MY ONLY COMMENT IS THAT PART OF THE, THE REASON WE HAVE THAT IS TO, TO MAKE THOSE IMPROVEMENTS ON OUR, ON OUR COMMUNITY. YOU KNOW, I, I CAN UNDERSTAND PUTTING IN THE, THE ADDITIONAL STUFF INSIDE, BUT AT SOME POINT WE, WE HAVE, WE HAVE TO DRAW A LINE AND, AND ALLOW STAFF TO, TO PUT UP, SET THESE FOR THESE THINGS FORTH. I MEAN, I, I'M, I, WE'VE HAD OPPORTUNITIES HERE WHERE WE'VE HAD, WHERE WE'VE APPROVED VARIANCES BECAUSE OF THEY'VE MET THE NEEDS OF A COMMUNITY. AND I MEAN, NO OFFENSE, I'M REALLY GLAD YOU'RE BUILDING THIS, YOU KNOW, BECAUSE I MEAN, MORE, MORE BUSINESS THE MORE TAX BASED. BUT AT THE SAME TIME, I ALSO FEEL THAT THESE KIND OF, OF THINGS ARE, ARE THE THINGS THAT WE NEED TO NEED APPEAL. I MEAN, THOSE, WE'RE BUILDING YOU, I LIVE DOWN HERE, BUT WE'RE BUILDING A NEIGHBORHOODS OVER THERE THAT ARE, THAT ARE CHANGING THE WAY. WE HAVE A PLAN THAT, THAT ALLOWS THIS AREA TOWN TO, TO, TO KEEP [00:20:01] MOVING FORWARD. AND HOPEFULLY VILLE GETS BUILT BIGGER. AND, AND WHEN THAT HAPPENS, WE WANT SOMETHING THAT'LL SMOOTH IN, YOU KNOW, I, I, I THINK THAT'S WHY THE CITY PUTS FORTH THESE PLANS. SO IF THERE'S A, A SMOOTH TRANSITION AND IT LOOKS, YOU KNOW, UNIFORM AND, AND IT LOOKS APPEALING TO PEOPLE WHEN THEY WANT, THEY'RE LOOKING FOR A HOME. MM-HMM . MM-HMM . WERE YOU MR. YEAH. SO EVEN WITH THE 12 FOOT REQUIREMENT AND THE SIX FOOT REQUIREMENT, WE'RE STILL PLANTING AS IF WE'RE DOING THE 12 FOOT LANDSCAPE, UH, LANDSCAPING, WE'RE GONNA PLANT THAT INTO THE SIX FOOT. SO WE'RE STILL GONNA HAVE OUR GREENERY, UH, THE AMOUNT OF GREENERY THAT'S SUPPOSED TO BE IN THE 12 FOOT, INTO THE SIX FOOT. UM, AND, YOU KNOW, WITHOUT THE VARIANCE, WE WON'T BE ABLE TO MEET THE FIRE LANE REQUIREMENTS. WE WON'T BE ABLE TO MEET THE, UH, THE PARKING LOT REQUIREMENTS. I MEAN, THEN THE DEVELOPMENT IS JUST ON HALT. UM, WOULD THAT MEAN THAT YOU WOULD GO BACK AND REDESIGN? WE WON'T BE ABLE TO REDESIGN JUST BECAUSE OF OUR, THE CIVIL HAS BEEN APPROVED. UH, OUR CIVIL PERMITS OR CIVIL, YEAH. CIVIL PERMITS HAVE BEEN APPROVED. SO GOING BACK IS JUST, WE'RE GOING ANOTHER YEAR. WE'VE BEEN WORKING ON THIS PROJECT FOR A YEAR. UM, AND AGAIN, WE TRIED MULTIPLE SCENARIOS TO WHERE WE CAN TRY TO GIVE THE 12 FOOT AND WE WERE NOT ABLE TO MEET THE PARKING LOT REQUIREMENTS OR THE SETBACK RULES, OR THE FIRE LANE, THE TURN RADIUS. 'CAUSE YOU OUGHT TO, THE FILING HAS THEIR OWN TURN RADIUS. WE HAD TO MEET THAT REQUIREMENT. IT'S COMPLICATED. YEAH. UM, AND, UM, YOU KNOW, WE'RE STILL, AGAIN, IN THE SIX FOOT, YOU'RE STILL GONNA HAVE THAT GREENERY THAT'S IN THE RIGHT OF WAY, WHICH WE DEDICATED AT NO CHARGE. WE GAVE IT TO THE CITY, UH, AT NO CHARGE. UM, AND, UH, THAT'S STILL GONNA BE GREEN AND WHAT IT WAS REQUIRED IN THE 12 FOOT, WE'RE DOING IT IN THE SIX FOOT. UM, AND, UH, YEAH, SO BASICALLY THE SAME NUMBER, THE SAME NUMBER OF PLANNINGS THAT WOULD BE REQUIRED INSIDE OF THE 12 FOOT STREET SCAPE IS THE SAME NUMBER OF PLANTINGS THAT IS BEING PROPOSED HERE IN THE SIX FEET. UM, IS BASICALLY WHAT HE'S GETTING AT. AND, AND THE, THAT 12 FOOT PORTION IS EVENTUALLY GONNA GO AWAY ANYWAY. CORRECT? BECAUSE WALLACE FIELD IS GONNA BE WIDENED. WELL, YELLOW MAY, MAYBE, MAY, YEAH. MAYBE BECAUSE THE, THE STREET SCAPE IS ON PRIVATE PROPERTY SIDE, SO THE DEDICATION OF THE 10 FEET IS ONLY WHERE THE IMPROVEMENTS FOR VILLE IS LIKELY TO TAKE PLACE. UM, AND THEN THE 12 FOOT STREET SCAPE WOULD START FROM THE PROPERTY LINE AND WORK INTERIOR TO THAT. I, I JUST WANNA REMIND THE COMMISSION AT THIS TIME, WE DO NOT HAVE A CURRENT MOTION ON THE TABLE. UH, I'LL MAKE A MOTION. UH, I'M IN FAVOR OF MOVING FORWARD WITH GRANTING THE VARIANCE TO THE MORE DENSE INTERIOR GREEN SPACE TREES AND SUCH AS, AS PROPOSED BY STAFF. UH, I THINK THE 50 JOBS IS IMPORTANT TO THE COMMUNITY, AND THE MILLIONS OF DOLLARS OF TAX BASE IS ALSO IMPORTANT TO THE COMMUNITY. I, I DON'T SEE THERE'S ANY BIG DIFFERENCE BETWEEN A HUNDRED PERCENT MEETING THE CODE AND WHAT THEY'RE PROPOSING, BECAUSE YOU'VE STILL GOT GRASS IN FRONT. YOU'VE STILL GOT A NICE GREEN BARRIER. SO YOUR MOTION IS TO APPROVE WITH THE CONDITIONS. STAFF MENTIONED THAT THE STAFF SUGGESTED WITH THE GREEN. IS THERE A SECOND? EVERGREEN TREES? I SECOND WITH THE CONDITIONS IF THEY NEED THEM. ALL IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED? THAT WOULD BE ME. MOTION CARRIES. OKAY. DO YOU WANNA HAND RAISE A HAND RAISE? ALL IN FAVOR, HAND RAISE OF APPROVAL OF APPROVAL WITH CONDITIONS. ALL OPPOSED. MOTION CARRIES. THANK YOU FOR YOUR TIME. OUR SECOND VARIANCE [b. Consider a variance from the requirements of Chapter 18 "Buildings and Building Regulations," Article XIV "Landscaping," Section 18-1206: Streetscape of the Code of Ordinance, Baytown, Texas for property located at 8319 North State Highway 146, Baytown, TX.] IS CONSIDER THE VARIANCE FROM THE REQUIREMENTS OF CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS. ARTICLE 14, LANDSCAPING SECTION 18 DASH 1206 STREET SCAPE OF THE CODE OF ORDINANCE, BAYTOWN, TEXAS FOR PROPERTY. LOCATED AT 83 19 NORTH STATE HIGHWAY 1 46, BAYTOWN, TEXAS. GOOD AFTERNOON AGAIN. UH, AGAIN, WE'RE TALKING ABOUT A LANDSCAPE VARIANCE, UH, PARTICULARLY TO THE STREETSCAPE, WHICH IS FROM 12 FEET TO, UH, SIX FEET AND WIDTH IN THIS CASE. UM, THIS IS GOING TO BE ALONG THE LOCATION OF STATE HIGHWAY 1 46, UM, AND OLD NEEDLEPOINT. THE AREA TO THE NORTH IS WHERE THE NEW CHAMBERS COMMONS DEVELOPMENT IS GOING TO TAKE PLACE. UH, UH, AGAIN, A LARGE COMMERCIAL DEVELOPMENT THAT IS IN THE GENERAL AREA. THIS PARTICULAR SITE IS CURRENTLY VACANT, UM, OR IS NOT, IS NOT DEVELOPED. UH, THERE ARE SOME MISCELLANEOUS THINGS THAT ARE ON THE SITE, BUT THAT, OF COURSE WILL GO AWAY IN, UH, IN, IN, FOR THE NEW DEVELOPMENT TO TAKE PLACE. [00:25:01] THE PROPERTY IS CHALLENGED WITH A DITCH SYSTEM THAT RUNS ALONG THE FRONT OF THE PROPERTY. AND THAT WILL, UM, COME UP HERE IN THE NEXT STATEMENT. THIS IS THE OVERALL SITE PLAN OF THE DEVELOPMENT. AS YOU CAN SEE, THERE'S FRONTAGE ON OLD NEEDLEPOINT, AND THEN THERE'S FRONTAGE ALONG I 10. THE PROPOSAL OF THE SITE IS TO HAVE TWO DIFFERENT, UM, COMMERCIAL VENDORS ON THE SITE. THE LANDSCAPE VARIANCE, OR THE STREETSCAPE VARIANCE THAT'S BEING REQUESTED IS FOR A AREA THAT IS ABOUT 75 FEET IN LENGTH ALONG THE STATE HIGHWAY 1 46 FRONTAGE, AGAIN, GOING DOWN FROM 12 FEET TO, UH, UH, NO MORE THAN TO NO LESS THAN SIX FEET. PART OF THE APPLICANT'S PROPOSAL AND HARDSHIP IS DUE TO THE FACT THAT THE SIDEWALK THAT YOU SEE ON THE PLANS HERE IS ON THE PRIVATE PROPERTY SIDE. THAT IS DUE TO THE FACT THAT TEXDOT HAS, UM, STATED THAT THEY DO NOT WANT THE SIDEWALK INTO THE, IN THE RIGHT OF WAY WHERE THAT DITCH SYSTEM IS LOCATED. SO THAT, AGAIN, PUSHES THE, THE SIDEWALK PUBLIC INFRASTRUCTURE ONTO THE PRIVATE PROPERTY, UM, AND ENCROACHES THE STREET SCAPE AS IT WAS ORIGINALLY PROPOSED. SO WE'RE GOING DOWN FROM, AGAIN, 12 FEET DOWN TO SIX FEET BECAUSE OF THAT FIVE FOOT ENCROACHMENT. UM, THE APPLICANT, AGAIN, THE SITE IS VACANT. THE APPLICANT HAS STAFF, SEES THAT THE APPLICANT HAS OPPORTUNITY TO MAKE SOME CHANGES TO THEIR SITE PLAN TO MAKE UP FOR THAT DISTANCE. ON THIS PARTICULAR SITE PLAN, WHAT WE HAVE IS A CIRCULAR DRIVEWAY THAT SEEMS TO BE TWO, A TWO-WAY DRIVE AISLE, WHICH AGAIN, WE FEEL THERE'S SPACE TO MAKE ADJUSTMENTS TO THAT, WHERE THAT COULD BE A ONE-WAY DRIVE AISLE TO GET THEM THE ADDITIONAL FEET FOR THE STREET SCAPE. AND THEN ALSO BEHIND THE BUILDING HERE, WE HAVE THREE ROWS FOR STACKED CARS. IF WE WERE TO REDUCE THE AMOUNT OF STACKING THAT TAKES PLACE BEHIND THE BUILDING, WE FEEL THAT THERE'S OPPORTUNITY FOR THAT STREET SCAPE TO BE IN PLACE, UM, IF THOSE ACCOMMODATIONS WERE MADE. UM, AND THAT'S, THAT'S REALLY STAT'S PRESENTATION ON THIS ITEM. COMMENTS, COMMISSIONERS. THANK YOU. IS IT APPROPRIATE TO ASK WHAT KIND OF BUSINESS IT'S GONNA BE? YEAH, YOU CAN ASK. UH, ACTUALLY, WE HAVE REPRESENTATIVES HERE FROM, UH, THE COMMERCIAL VENDOR. I BELIEVE IT'S VALVOLINE, UH, IS GOING TO BE THE ENTITY THAT IS OCCUPYING THIS SIDE OF THE DEVELOPMENT. UM, SO THEY, THEY'LL BE HERE TO SPEAK TO THE OPERATIONS OF THE BUSINESSES AND WHY THEY NEED THE TWO-WAY DRIVE AISLE AND OR THE STACKING THAT IS IN THE REAR. MR. DALE RUSSELL, GOOD AFTERNOON. MY NAME'S DALE RUSSELL, AND, UM, I'M A CONSULTANT FOR THE CONSTRUCTION AND SITE DEVELOPMENT WITH THE OWNERS. UM, LENE REP IS NOT HERE THIS EVENING. APOLOGIZE FOR THAT. PLEASE STATE THAT, STATE YOUR ADDRESS. I'M SORRY. PLEASE STATE YOUR ADDRESS. MY, FOR THE RECORD, MY ADDRESS? YES. UH, 1 0 2 0 6 GEORGIE BELL. THANK YOU, HOUSTON, TEXAS. OKAY. UM, FIRST THING I'D LIKE TO NOTE IS, UM, UH, THE COMMENTS THAT THE, UH, UH, CHRIS'S STAFF PUT TOGETHER, AND I WANNA REFERENCE EACH PARAGRAPH THAT THEY SENT TO US. IN PARAGRAPH ONE, IT SAYS, ARTICLE REFERENCE DOES NOT DEPRIVE THE APPLICANT. AND IN FACT, THE ARTICLE DOES DEPRIVE THE APPLICANT OF THE REASONABLE USE OF THE LAND. IT'S CREATING VEHICULAR TRAFFIC FLOW CLEARANCES, PATRON SAFETY ISSUES, AND PARKING CONSTRAINTS. AND I'LL, I'LL FURTHER THAT WITH OUR REBUTTAL. PARAGRAPH TWO. UM, THE HARDSHIP IMPOSED TO THE APPLICANT IS NOT OF ITS OWN MAKING. THE GENERAL PURPOSE OF THE ARTICLE IS OBSERVED AND MAINTAINED. PARAGRAPH THREE INTENT OF THE ARTICLE IS PRESERVED. THE AESTHETIC APPEAL IS PRESERVED AND WILL RETAIN THE INTENT. PARAGRAPH FOUR, THE GRANTING OF THE VARIANCE IS NOT INJURIOUS TO THE PUBLIC HEALTH, SAFETY, OR WELFARE. AND ON THE SCREEN, WHERE DID THE DRAWING GO? RIGHT IN FRONT OF YOU. OH, OKAY. IN [00:30:01] THE GREEN AREA, IT'S ONLY 75 LINEAL FEET OF AREA THAT'S AFFECTED BY THE STREET SCAPE CHANGE OUT OF THE WHOLE 250 FEET, WHICH AMOUNTS TO ONLY 16% OF THE DISTANCE OF THAT STREET SCAPE. 40 FEET OF IT WILL BE REDUCED TO SEVEN FEET. IT'S SUPPOSED TO BE A 12 FOOT SETBACK WITH A FIVE FOOT SIDEWALK, WILL STILL HAVE SEVEN FEET FOR 40 OF THAT 75 FEET. THE BALANCE OF IT WILL ACTUALLY BE TAPERED FROM SEVEN TO 12. AND THE SIDEWALK IS CONSIDERED PUBLIC INFRASTRUCTURE, WHICH CHRIS MENTIONED, IS USING THE PUBLIC RIGHT OF WAY, WHICH NOW IS BEING PLACED ON PRIVATE PROPERTY BECAUSE THE AREAS OF TECH STOCK RIGHT OF WAY, WHICH CREATES A SIGNIFICANT HARDSHIP TO THE APPLICANT, UM, IN THOSE SMALL AREAS THAT ARE AFFECTED, UH, ADDITIONAL LANDSCAPING CAN BE OFFERED IF THE VARIANCE IS APPROVED. IF, IF TEXDOT WAS TO ALLOW THROUGH VARIANCE TO MOVE THE SIDEWALK ONTO THEIR PROPERTY, IT WOULD ENCROACH ON THE OPEN DITCH, WHICH WOULD AFFECT ALL THE DRAINAGE WORK THAT'S ALREADY BEEN ACCOMPLISHED WITH TDOT IN THE CITY. THE TWO-WAY DRIVE AREA AT THE FRONT OF VALVOLINE IS A MINIMUM 20 FEET WIDE IS REQUIRED BY LENE FOR TWO-WAY TRAFFIC. THIS IS FOR THE FIRE LANE ACCESSIBILITY AND LIFE SAFETY OF EVERYONE ON ON SITE. A ONE-WAY TRAVEL AISLE WOULD BE UNSAFE, CREATING TRAFFIC ORIENTATION ISSUES, CONGESTION AND ENDANGERING THE TRAFFIC COMING IN AND OUT OFF OF 1 46. BECAUSE THIS IS THE MAIN ENTRANCE FOR BOTH BUSINESSES PER PROPOSED BUSINESSES, THE VEHICLE STACKING THREE VEHICLE STACKING OUTSIDE BAYS IS REQUIRED BY LY PRESERVING SAFETY FOR THE PUBLIC AND ITS EMPLOYEES TO PROPERLY STAGE AND SERVICE THE VEHICLES. THE REMAINING PARK AREAS ARE REQUIRED FOR LENE PERSONNEL AND PATRON OVERFLOW. THE CURRENT DESIGN AND VARIANCE REQUEST WILL ALLOW THE A DA HANDICAPPED PARKING AND RAMP TO BE LOCATED AT THE FRONT OF THE BUILDING. RIGHT. THE FRONT ENTRY IF DISALLOWED THIS AREA WOULD NEED TO BE RELOCATED A SIGNIFICANT DISTANCE FROM THE MAIN BUILDING ENTRY, CREATING AN UNSAFE CONDITION FOR THESE PATRONS CROSSING THROUGH VEHICLE TRAFFIC CO COMING IN AND OUT OF THE SITE. SO IN CLOSING, WE FEEL THE VARIANCE SHOULD BE GRANTED AS A PROPOSED LANDSCAPE DESIGN AND STREET SCAPE AFFECTS A VERY MINIMAL AMOUNT OF THE FRONTAGE VARIANCE SHOULD BE GRANTED AS IT ALLOWS FOR TWO-WAY TRAFFIC FLOW, CLEARANCE, LIFE SAFETY, FIRE LANE ACCESSIBILITY TO THE ENTIRE DEVELOPMENT. THE VARIANCE SHOULD BE GRANTED AS IT ALLOWS FOR A DA HANDICAP PARKING AND A RAMP TO BE LOCATED AT THE MAIN ENTRY OF THE FACILITY. THAT'S ALL I HAVE. THANK YOU. QUE QUESTION. THE, UM, DO Y'ALL HAVE VEHICULAR ACCESS TO OLD NEEDLE POINT OR IS IT ISOLATED? NO, THERE'S A, THERE'S A SECOND ENTRY OFF OF OLD NEEDLE POINT. OKAY. ON THE NORTH SIDE, IF WE MAY LET EVERYONE SPEAK, THEN WE CAN ASK COMMISSIONERS FOR THE COMMENTS. THANK YOU. DAVID DENTON. THANK YOU. GOOD EVENING EVERYONE. MY NAME IS DAVID DENTON, UH, A LJ LINDSEY, THE CIVIL ENGINEER FOR THIS PROJECT. UH, MY ADDRESS IS 1 5 1 1 1 ARMADILLO LOOKOUT LANE, UH, CYPRESS, TEXAS. UH, DALE COVERED JUST ABOUT EVERYTHING, UM, PERTAINING TO THE SITE. KINDA OUR HARDSHIPS OUT HERE. UH, JUST A BIT MORE INFORMATION OF ACTUALLY WHAT'S GOING ON ON THE SITE HERE. UH, THIS IS KIND OF ZOOMED IN ON WHAT WE'RE FOCUSING ON. THE, THIS, THIS AREA RIGHT HERE, THE BACK OF THE SITE IS, IS FULLY CONTAINED WITH A DETENTION POND, STRAIGHT WALL DETENTION POND. SO WE'VE CRAMMED IT IN THERE AS BEST WE CAN TO, TO BE ABLE TO KIND OF PUSH EVERYTHING BACK. WE'VE GONE THROUGH SEVERAL ITERATIONS OF THE SITE PLAN, UH, IN ORDER TO ACCOMMODATE THE 12 FOOT, UH, SETBACK. WE, UH, WE ARE ACCOMMODATING THE SIX FOOT SETBACK ALONG OLD NEEDLE POINT. WE DO HAVE ACCESS BACK THERE AS WELL. UM, WE ARE PROVIDING THE SIDEWALK. IT WAS ABLE [00:35:01] TO FIT, UH, COMFORTABLY WITHIN OLD NEEDLE POINT. UM, WHEN, UH, WE THEN TRIED TO PUT THE SIDEWALK, THE PUBLIC SIDEWALK WITHIN THE PUBLIC RIGHT OF WAY ON, UH, TXDOT, WE WERE INFORMED THAT THEY NO LONGER ALLOW SIDEWALKS WITHIN THEIR RIGHT OF WAY. UH, THAT THEN FORCED US TO PUT IT ONTO THE SITE, UH, WHICH THEN REQUIRED US TO PROVIDE A FIVE FOOT EASEMENT. UH, OUR ORIGINAL ASK WAS, COULD WE INCLUDE THAT FIVE FOOT EASEMENT AS PART OF THE 12 FOOT LANDSCAPE SETBACK? UM, WE WERE TOLD WE COULD NOT. AND THAT IS WHY WE'RE HERE TODAY TO, UH, ARGUE OUR, OUR, OUR SIDE OF THE REDUCTION OF A PORTION OF THE RIGHT OF WAY DOWN TO SEVEN FEET. UH, WE HAVE A DUTCH BROTHERS JUST TO THE SOUTH HERE. WE WERE ABLE TO SHIFT THAT ALL THE WAY BACK TO ACCOMMODATE. UH, WE DO ALSO IN THE BACK, UH, ON OLD NEEDLE POINT BETWEEN THE RIGHT OF WAY LINE AND THE, UM, DETENTION POND. WE'RE PROVIDING A LANDSCAPE TO MINI PARK WITH PUBLIC ACCESS AND TO BENCHES. UM, AGAIN, EVEN IN THE REDUCED SEVEN FOOT AREA ALONG 1 46, WE WILL PROVIDE ALL OF THE TREES AND SHRUBS THAT ARE REQUIRED. THEY'LL JUST BE A BIT MORE COMPRESSED. UH, WE ARE ALSO WILLING TO ADD ADDITIONAL LANDSCAPING, UH, ON THE CORNER THERE BEHIND THE PARKING THAT'S FACING OLD NEEDLE POINT. WE DO HAVE SOME ADDITIONAL AREA THERE. WE'RE MORE THAN HAPPY TO PUT SOME MORE SHRUBS AND TREES IN. UH, WE DO HAVE SOME OTHER POINTS WITHIN THE SITE THAT WE ARE ALSO MORE THAN HAPPY TO ACCOMMODATE ANY ADDITIONAL SQUARE FOOTAGE THAT WOULD HELP OFFSET, UH, THIS PINCH POINT THAT WE DO HAVE IN FRONT OF THE VALVOLINE. THANK YOU. THANK YOU, GREG. SLIGHTLY FLUKY, FLUKY. IF YOU GUYS DON'T HAVE ANY QUESTIONS, I THINK JOSH AND I ARE OKAY. JOSH JACOBS, YOU PHONE WE'RE GOOD. UNLESS YOU GUYS HAVE QUESTIONS. THANK YOU. ANY QUESTIONS? SO WHEN YOU SAY LENE, THIS IS, IS THIS GONNA BE AN OIL CHANGE? IT WILL BE AN OIL CHANGE. UH, THAT, THAT'S, AND, AND THE, THE THREE CAR PARKING IS THEIR STANDARD. IT'LL BE, WE ALSO NEED TWO-WAY FLOW EVERYWHERE BECAUSE THEY SERVICE VEHICLES ALL DAY. SO IF WE GOT JUST A ONE WAY THAT'S GONNA GET VERY CONFUSING, ACCIDENTS COULD HAPPEN. IT'S NOT A GOOD DEAL. I MEAN, THE COMMENT THAT I WOULD HAVE MAKE ABOUT THE SIDEWALK IS, IS THAT IT'S SAFER FOR THE PEDESTRIANS TO HAVE IT ON THAT SIDE OF THE DITCH ON THE PROPERTY VERSUS UP ON THE ACTUAL HIGHWAY. AND AS THAT AREA GROWS, WHICH THAT OTHER SECTION THAT WE WERE SHOWN GOING TOWARDS, YOU KNOW, I 10, THAT WHOLE AREA IS GETTING BUILT AND THERE'S GONNA BE MORE AND MORE PEOPLE. THERE'S ALREADY PEOPLE THAT I SEE CONSTANTLY WALKING UP, UP AND DOWN THE HIGHWAY, BUT THERE'S NO SIDEWALK. RIGHT. AND IT'S NOT ON THE SCREEN, BUT I'M LOOKING AT IT ON, ON MY SCREEN. WHEN YOU LOOK AT THE WHOLE AREA, INCLUDING THE DETENTION POND, THAT LITTLE MINI PARK IS IMPRESSIVE BACK THERE. THEY'VE GOT BENCHES AND QUITE A BIT OF EXTRA VEGETATION THAT THEY DIDN'T HAVE TO PUT. YEAH. AND THE SIDEWALK DOES COME OUT TO THE RIGHT OF WAY SIDEWALK. SO THERE IS PUBLIC ACCESS FOR SOMEBODY WHO WANTS TO TAKE A BREAK. AND YOU MENTIONED SOME OTHER AREAS WHERE YOU COULD OFFSET WITH SOME EXTRA LANDSCAPING. I'M SURE WHERE YOU, WHERE YOU INCLUDED THOSE. DOES THIS, YOU MIGHT HAVE TO HAVE STAFF HELP YOU FIGURE OUT HOW TO MARK THE MAN. OH. SO, UH, IF YOU LOOK UP AT THE SCREEN, , UH, SO, SO THIS IS OUR EASEMENT COMING ALONG HERE, THE 12 FOOT, AND THEN WE'VE GOT THE SIX FOOT HERE. UHHUH. WE DO HAVE THIS AREA RIGHT HERE THAT WE'RE MORE THAN HAPPY TO FILL IN. OKAY. UH, A BIT MORE. WE'VE ALSO GOT THIS AREA RIGHT HERE, UH, A LITTLE PINCH POINT OVER HERE. WE'VE GOT MORE THAT WE CAN PUT ON OLD NEEDLE POINT IF NEEDED. UM, I BELIEVE DOWN IN FRONT OF THE DUTCH BROTHERS, WE'VE ALSO GOT, UH, SOME SQUARE FOOTAGE THERE THAT, SO JUST LIKE OUR PRIOR APPLICANT, YOU COULD POTENTIALLY PUT SOME EVERGREEN TREES THERE TO OFFSET. ABSOLUTELY. ABSOLUTELY. BECAUSE I, I SEE A COUPLE OF BUMP OUTS. LIKE YOU DIDN'T EVEN MENTION THAT ONE SQUARE ONE KIND OF IN LINE WITH THE BUILDING. CORRECT. I GOTTA STAND UP LIKE A BUMP OUT HERE. YES. YEAH. WE'RE, WE'RE MORE THAN HAPPY TO PUT EVERGREEN. WHATEVER MAKES EVERYONE HAPPY. DID DID STAFF OFFER YOU AN OPTION LIKE THAT? UH, WE DID NOT. I DON'T BELIEVE WE WERE GIVEN OPTIONS ON, UH, VARIANCE APPROVAL. I BELIEVE WE WERE. OKAY. WE, WE, WHAT DALE KIND OF WENT OVER PARAGRAPH BY PARAGRAPH. ANYONE, IF THE COMMISSION, COMMISSION DOES DECIDE TO, UH, RECOMMEND APPROVAL, YOU CAN ADD THAT AS A CONDITION THAT WE, WE INCREASE THE GREEN SPACE INSIDE OF WHICHEVER AREAS YOU WANT TO IDENTIFY. OKAY. OKAY. WHAT IS, WHAT IS CITY RECOMMENDING THE CITY? DO YOU THINK THIS IS A, A GOOD PLAN? WHAT THEY WANT TO DO? WELL, THE STAFF STANCE IS THAT, AGAIN, WE RECOMMENDED DENIAL OF IT BECAUSE WE FEEL THAT SPACE CAN BE FOUND ON THE SITE. AND IT'S A MATTER OF REDESIGNING THE SITE. BUT YOU'VE HEARD THE APPLICANT'S HARDSHIPS WITH DOING THAT REDESIGN. AND THAT'S WHERE WE LEAN ON YOU ALL, WE'RE LOOKING AT THE BLACK AND WHITE. WE'RE LOOKING AT THE SITE PLAN AND [00:40:01] SAYING, HEY, REDUCE THE, THE REAR, UM, STACKING, REDUCE THE DRIVEWAY AISLE. AND YOU'LL FIND THE FIVE FEET. BUT IF YOU GUYS ARE, UM, HEARING THE APPLICANT AND YOU WANT TO GRANT THE VARIANCE, THEN YOU ALSO HAVE THE ABILITY TO CONDITION THE, THE, THE GRANTING OF THAT VARIANCE. COULD, COULD YOU BRING UP THE, THE DRAWING THAT INCLUDED THE DETENTION POND, JUST SO EVERYBODY CAN SEE IT? I PAUSED MY WAY INTO IT. CONTROL STEVE. SO THE DETENTION POND IS HERE AT THE REAR. OKAY. NOW THAT DRAWING DOESN'T LOOK EXACTLY LIKE THE ONE I HAD ON MY SCREEN BECAUSE IT DOESN'T INCLUDE THE LITTLE PARK DIFFERENT SHEET. IT'S A DIFFERENT PAGE. OKAY. THE, THE PARK IS INCLUDED IN THE LANDSCAPE PAGE. RIGHT, RIGHT. I WAS JUST HOPING THE OTHERS COULD SEE IT. YEAH. YEAH. SO O OVER IN THAT AREA, THERE IS, THERE'S TWO BENCHES. THE SIDEWALK COMES IN FROM THE ROADWAY, RIGHT. BRANCHES OUT. UM, THEN WE'VE GOT TREES, THIS GRASS. AND THAT PARTICULAR ACCOMMODATION IS, UH, PART OF THE PROXIMITY OF THE DETENTION POND TO THE RIGHT OF WAY. SO YOU'RE REQUIRED TO HAVE A CERTAIN SETBACK, UM, FOR YOUR DETENTION POND. IF YOU DECIDE TO GET CLOSER, THEN YOU HAVE TO AMENITIZE THE DETENTION POND. SO THAT'S WHY THE PARK AND THE BENCH ASSOCIATED. YEAH. IS IT, WE HAVE A, IT'S IN THE STAFF REPORT NOW ON MY SCREEN. I'VE GOT ONE THAT ACTUALLY SHOWS SOMETHING COMPLETELY DIFFERENT. AND IT'S IN THE PACKAGE. UH, NO IT'S NOT, I DUNNO. THAT'S SCREEN. IT WAS ONE. YEAH. UH, DO YOU HAVE A SPECIFIC QUESTION ABOUT THAT? WELL, I, I JUST WANTED KNOW IF WE COULD HAVE EVERYONE BE ABLE TO SEE THAT. I DON'T, IT'S NOT THE SAME AS THAT EITHER. IT'S IN THE STAFF REPORT IS YOUR PACKET. I'M LOOKING I'M LOOKING AT IT. YEAH, THAT'S THE RIGHT IMAGE IN THE STAFF REPORT. IS IT 23 PROPOSED SITE PLAN ON THE SCREEN? THAT'S CORRECT. IT'S 23 LOWER RIGHT HAND CORNER. AND IT SAYS PROPOSED SITE PLAN AT THE BOTTOM. MM-HMM . YEAH. I DO HAVE A LARGE VERSION. LET'S NOT PASS THAT. THE REASON I WAS, THE REASON I WAS WONDERING IF EVERYONE COULD SEE IT IS I JUST LIKE OUR OTHER APPLICANT, I'M INCLINED TO AGREE TO GRANT THIS VARIANCE BECAUSE IT LOOKS LIKE THEY'RE GOING OVER AND ABOVE TO MEET THE INTENTION OF GREEN SPACE AND PLANTINGS. SO I, I WOULD MAKE A MOTION TO APPROVE THE VARIANCE WITH THE CONDITION. I, LET'S CLOSE IT NOW THAT THIS HAS TURNED INTO A PUBLIC HEARING. ALL RIGHT. UH, HERE I CLOSE THIS PUBLIC HEARING IF EVERYONE HAS MADE ALL THE COMMENTS, UH, MR. LESKI AND MR. JACOBS HERE. OKAY. OKAY. VERY GOOD. YOUR MOTION PLEASE. ACTION. OKAY. UH, THAT WE GRANT THE VARIANCE WITH THE, UH, CONDITION OF EVERGREEN, UH, PLANTINGS IN ADDITION IN THE EXTRA AREAS HE MENTIONED. UH, OKAY. UH, AND, AND A SECOND. I HAVE A, A SEC. DO I HEAR A SECOND FOR APPROVING THIS VARIANCE WITH CONDITIONS OF ADDING ADDITIONAL GREEN SPACE? A SECOND. SECOND. OKAY. ANY ADDITIONAL COMMENTS BEFORE WE VOTE? YES, SIR. WE ALL KNOW THAT AREA OF BAYTOWN IS REALLY GONNA GROW AND, AND OTHER BUSINESSES AND THANK YOU ARE GONNA BE, YOU KNOW, COME UP AND SAY THEY WANT TO BUILD THERE. UH, MY ONLY CONCERN IS, ARE WE GONNA HAVE TO GIVE EVERY BUSINESS THAT COMES UP OF VARIANCE? YOU DO NOT TO MAKE IT LOOK THE SAME. YOU KNOW WHAT I'M SAYING? NO, BECAUSE THE WAY VARIANCES WORK IS THAT EACH INDIVIDUAL SITE HAS THEIR OWN CRITERIA AND THEIR OWN, UH, HARDSHIP THAT THEY WILL HAVE TO SHOW AND THAT YOU WILL HAVE TO FIND WITH THAT PARTICULAR DEVELOPMENT. SO IT'S NOT, IT DOESN'T, IT DOESN'T SET A PRECEDENCE FOR THE NEXT LOT, ET CETERA. I MEAN, OF COURSE THE NEXT LOT WILL STILL HAVE THE, UH, DITCH SYSTEM IN PLACE, SO IT'S LIKELY TO BE THAT HARDSHIP, BUT THEY THEN HAVE TO FIGURE OUT HOW TO PRESENT TO YOU ALL, OR, OR THE BOARD OF ADJUSTMENTS ON, YOU KNOW, WHAT THE, WHAT THE HARDSHIP IS FOR THEIR PARTICULAR DEVELOPMENT. AND THAT'S MY CONCERN. 'CAUSE I DIDN'T WANT, WELL, WE HAVE A SIDEWALK HERE WITH THIS BUSINESS, AND WE GOT A SIDEWALK FIVE FEET STICKING OUT FARTHER ON THIS BUSINESS. OH, NO. WE WILL MAKE SURE THAT THEY CONNECT FOR SURE. ABSOLUTELY. AS A POINT OF CLARIFICATION, UM, COMMISSIONER BLUE, WE, UH, AS A GENERAL RULE, THIS TYPE OF OF REQUEST WOULD ORDINARILY GO IN FRONT OF THE BOARD OF ADJUSTMENT BECAUSE THAT'S WHAT THEY DO AS A CASE BY CASE BASIS. WHAT YOU GUYS DO IS SOME OF THAT. AND THEN SOME OF IT IS, IS, UM, MORE, UM, ACROSS THE BOARD. THESE ARE CASE BY CASE, UM, BECAUSE, AND THEY COME TO YOU BECAUSE THEY'RE IN THE ETJ. OKAY. AND IN THE ETJ, THE BOARD OF ADJUSTMENT DOESN'T [00:45:01] HAVE ANY AUTHORITY, BUT YOU DO IN THESE PARTICULAR CASES AS PUT IN OUR CODE. SO JUST TO TRY AND HELP YOU KIND OF GET THE CONTEXT FOR IT. THANK YOU. ALL IN FAVOR OF APPROVING THIS VARIANCE WITH THE CONDITIONS OF ADDITIONAL GREASE SPACE, PLEASE SAY, AYE. AYE. ALL THOSE OPPOSED. MOTION CARRIES. THANK YOU. ONE COMMENT I'D LIKE TO MAKE, I'D LIKE TO SEE THESE OIL CHANGE PLACES WITH THE PRETTY SIDE TOWARD THE STREET. OH, THAT'S, THAT'S GREAT. IT'S PRETTY SUBTLE. OKAY. WELL, IT CAN BE WORSE. IN THE DUST ROSE BUILDING. IT'S, IT'S REALLY GOOD. RIGHT, RIGHT. TAKE FREE TIME. UHHUH ITEM FOUR A CONDUCT A PUBLIC HEARING [a. Conduct a public hearing and consider making a recommendation concerning an amendment to Comprehensive Plan 2040.] CONSIDERING MAKING A RECOMMENDATION CONCERNING AN AMENDMENT TO COMPREHENSIVE PLAN. 2024, SAME PUBLIC HEARING ANNOUNCEMENT APPLIES. ALRIGHT, GOOD AFTERNOON, FRANCESCA LINDER PLANNING AND DEVELOPMENT SERVICES. SO, AS YOU KNOW, THIS BODY AND CITY COUNCIL APPROVE COMPREHENSIVE PLAN 2040 EARLIER THIS YEAR, UH, IN MAY ACTUALLY. UH, SO TODAY I'M PROPOSING THE FIRST AMENDMENT TO THE COMPREHENSIVE PLAN. AMENDMENTS ARE VERY NORMAL, UM, WHEN ADOPTING A NEW PLAN OR A NEW CODE. UM, AS NEW IDEAS AND DEVELOPMENTS ARE BROUGHT FORTH, WE CAN SEE THINGS FROM DIFFERENT PERSPECTIVES. UH, SO AMENDMENTS HAPPEN. THIS IS MOST LIKELY NOT GOING TO BE THE LAST AMENDMENT TO THE COMPREHENSIVE PLAN. , UH, SO JUST HEADS UP. ALL RIGHT. SO TODAY, UM, THIS AMENDMENT PROPOSES TO ALLOW CERTAIN MULTI-FAMILY USES IN NEIGHBORHOOD SCALE COMMERCIAL. UH, ALSO CALLED NSC AND LARGE SCALE COMMERCIAL, WHICH IS LSC. UM, THESE ARE FUTURE LAND USE MAP CATEGORIES. CURRENTLY, NEITHER CATEGORY ALLOWS ANY MULTIFAMILY. SO THIS WOULD BE EXPANDING THE USES. UM, DON'T LET THE CATEGORIES BE CONFUSING. WE DO HAVE A ZONING DISTRICT THAT'S CALLED NSC NEIGHBORHOOD SERVICING COMMERCIAL, BUT IT IS DIFFERENT. THAT IS ZONING, RIGHT? TODAY, UH, TODAY WE'RE TALKING ABOUT THE FUTURE LAND USE MAP. IT'S CONFUSING . UM, SO THIS HERE IS A MAP OF ALL OF THE NEIGHBORHOOD SCALE COMMERCIAL AND LARGE SCALE COMMERCIAL IN THE CITY. AS YOU CAN SEE, THEY'RE ALMOST EXCLUSIVELY ON ARTERIALS COLLECTORS AND MAJOR THOROUGHFARES. THE PINK, THE PEPTO PINK IS THE NEIGHBORHOOD SCALE COMMERCIAL, AND THE RED IS THE LARGE SCALE COMMERCIAL. OKAY. SO HERE'S A LITTLE CHART, UM, TO SHOW YOU WHAT WE'RE PROPOSING. SO ESSENTIALLY THE ATTACHED RESIDENTIAL DWELLINGS, THE SMALL MULTIFAMILY DEVELOPMENTS, UH, AND THAT'S CAPPED AT UP TO 50 UNITS AND LOW TO MEDIUM DENSITY MULTIFAMILY DEVELOPMENTS WOULD BE ALLOWED IN NEIGHBORHOOD SCALE, COMMERCIAL, AND IN LARGE SCALE. IT WOULD ALSO ALLOW LOW TO MEDIUM DENSITY MULTIFAMILY DEVELOPMENTS AND HIGH DENSITY MULTIFAMILY DEVELOPMENTS. NOW, EACH OF THESE CATEGORIES WOULD HAVE THEIR OWN LOCATION CRITERIA. AND SO WE, UH, WE SELECTED THESE LOCATION CRITERIA, WHICH ARE PROVIDED IN YOUR STAFF REPORT WITH A LITTLE MORE INFORMATION ABOUT EACH OF THEM, UM, UH, MINDFUL OF THE ADJACENT USES. UM, YOU'LL SEE THAT THE MORE INTENSIVE LAND USE CATEGORIES HAVE HIGHER RESTRICTIONS, UM, BIGGER SPACING REQUIREMENTS, THINGS LIKE THAT. UM, BUT WE DID TRY TO INCORPORATE, UM, SOME EXCEPTIONS AND SOME FLEXIBILITY. SO SUCH AS IF THE MULTIFAMILY WAS PART OF A NEW SINGLE FAMILY DEVELOPMENT, OR IF THEY HAVE THE SAME CHARACTER AS THE DEVELOPMENT, IT WOULD BE ALLOWED, IT WOULDN'T HAVE TO MEET A SPACING REQUIREMENT. WE DID RECEIVE TWO PUBLIC COMMENTS, UM, ONE FOR CLARIFICATION AND QUESTIONS. UM, AND THE OTHER ONE HAD CONCERNS WITH A SPECIFIC LOCATION CRITERIA. UM, WE DID ADDRESS THESE. UM, AND SO WE WOULD LIKE TO MAKE A FEW CHANGES TO MAKE IT EASIER TO UNDERSTAND THINGS LIKE ADDING, SPECIFICALLY ADDING THE WORD AND, UH, TO MAKE IT VERY CLEAR AND JUST VERY USER-FRIENDLY FOR OUR COMMUNITY. UM, AS WELL AS ADDING A LITTLE MORE FLEXIBILITY WITH, UH, ONE OF THE LOCATION CRITERIA FOR THE LOW TO MEDIUM DENSITY MULTIFAMILY TO, UH, BASICALLY CHANGE IT FROM HAVE MUST HAVING HALF A MILE RADIUS TO, UH, OR IT MEETS THE CRITERIA, UH, EXCUSE ME, OR IT MEETS THE CHARACTERISTICS OF THE NEIGHBORHOOD SO IT PROVIDES MORE FLEXIBILITY. FRANKIE, CAN I, I I'M SORRY TO INTERRUPT. YEAH, IT'S JUST US NOW. SO, UM, , THE, THE, I HAD A QUESTION, I JUST WANNA MAKE SURE EVERYBODY GETS THE SAME INFORMATION. THE, THE, UM, CHART ON THE, ON THE SCREEN RIGHT NOW, DU STANDS FOR DWELLING UNITS IN CASE ANYBODY'S WONDERING. THAT'S IT. SORRY ABOUT THAT. MAY I ASK YOU A QUESTION? GOOD CLARIFICATION. YOU SAID WE'RE GOING TO, ARE WE GETTING RID OF THE HALF MILE? IF IT [00:50:01] RE REQUIREMENT, IF IT MEETS THE CHARACTERISTICS OF THE COMMUNITY, IT WOULD ADD THAT FLEXIBILITY SO IT'S A HALF A MILE OR IT MATCHES THE CHARACTERISTICS OF THAT COMMUNITY. SO WITH THAT, WE DON'T HAVE A SET STANDARD OF THIS MATCHES THE CHARACTERISTICS OF THIS COMMUNITY OR NOT, THAT WOULD ALLOW STAFF TO DO AN ANALYSIS OF THE AREA AND BRING THAT TO YOU IN OUR RECOMMENDATION. AND THEN OF COURSE, Y'ALL WOULD MAKE A RECOMMENDATION TO CITY COUNCIL FOR ZONING MATTERS. SO, AND CHARACTER OF THE EXISTING COMMUNITY OR CHARACTER OF A COMMUNITY. THAT'S A NEW NEWLY DEVELOPED COMMUNITY. SO WHAT DO YOU MEAN? SO I, I HEARD YOU SAY THAT IF A, IF A COMMUNITY, IF A SINGLE FAMILY DEVELOPMENT COMES IN AND IT HAS SOME MULTI, A MULTIFAMILY COMPONENT IN IT MM-HMM . IT COULD MEET THE CHARACTERISTICS OF THAT COMMUNITY. BUT IF A MULTIFAMILY COMES IN AND IT'S, IT DOESN'T MEET THE HALF MILE REQUIREMENT MM-HMM . IS IT THE CHARACT, DOES IT HAVE TO MEET THE CHARACTERISTICS OF THE, THE EXISTING SURROUNDING COMMUNITY? THAT'S NOT NEW. CORRECT. OKAY. SO FOR INFILL DEVELOPMENT, UM, THAT WOULD BE SOMETHING THAT WE WOULD TAKE INTO CONSIDERATION ON WHETHER OR NOT IT WOULD BE ALLOWED. THANK YOU. UM, OVERALL, UM, THIS WILL SUPPORT INFILL DEVELOPMENT. IT SUPPORTS THE RECENT TAX AMENDMENT Y'ALL APPROVE TO ALLOW, UH, UH, ATTACHED DWELLINGS, TOWN HOMES, THINGS LIKE THAT IN MIXED USE AND NEIGHBORHOOD SCALE COMMERCIAL ZONING DISTRICTS. UH, SO THIS DOES SUPPORT THAT AND STAFF DOES RECOMMEND THIS APPROVAL. PLEASE NOTE THAT THE PROPOSAL DOES NOT INCLUDE ANY SINGLE FAMILY, BECAUSE OBVIOUSLY THAT WOULD NOT BE APPROPRIATE IN THOSE COMMERCIAL AREAS. BUT THE, THE WHOLE IDEA OF THE LAND USE CATEGORIES THAT WERE DESIGNED FOR THE NEW COMPREHENSIVE PLAN WERE TO PROVIDE FLEXIBILITY. AND I THINK AS STAFF TALKED ABOUT THIS, AND WE TALKED TO SOME, SOME APPLICANTS, UM, WHAT WE FOUND WAS THAT WE SOMETIMES WE MISSED A COUPLE OF SPOTS WHERE WE WOULD LIKE TO PROVIDE THAT FLEXIBILITY. I THINK THAT'S THE OVERALL MESSAGE THAT THAT STAFF IS TRYING TO SEND WITH THIS, IS, THIS IS ANOTHER WAY TO PROVIDE THAT FLEXIBILITY THAT WE'RE LOOKING FOR, BUT KEEP A CERTAIN AMOUNT OF CONTROL OVER, UM, WHERE THINGS ARE GOING WITHIN THE, THE FLEXIBLE DISTRICTS, IF THAT MAKES SENSE. IT DOES. YEAH. I LIKE THIS A LOT. I'M JUST A LITTLE CONCERNED WITH WHAT DONNA IS CONCERNED ABOUT, WHICH IS, IF I'M GOING TO A, UM, LOWER END NEIGHBORHOOD IN BAYTOWN AND I WANNA DEVELOP A PROPERTY, THEN I'M GONNA GET AWAY WITH DOING SOME LOWER END LOOKING NEW HOMES VERSUS, DOES THAT MAKE SENSE? UH, THAT SCARES ME A LITTLE BIT. SO SOMETHING TO CONSIDER WITH THIS IS, THIS IS JUST THE FUTURE LAND USE MAP. SO FOR DEVELOPMENT, THEY'LL STILL HAVE TO MOST LIKELY GO THROUGH ZONING. UM, POSSIBLY A PUD. THEY WOULD HAVE TO GET APPROVED BY CITY COUNCIL. THEY WOULD STILL HAVE TO MEET ALL OF OUR OTHER DEVELOPMENT REQUIREMENTS. SO YOU'RE REALLY TALKING ABOUT VACANT LAND AND INFILL DEVELOPMENT, VACANT LAND, NOT, NOT NECESSARILY IN EXISTING NEIGHBORHOODS. SO, UM, FOR EXAMPLE, IF WE LOOK AT SOME OF THE AREAS THAT ARE NEIGHBORHOOD SCALE COMMERCIAL AND THE OLDER AREAS OF TOWN, UM, THERE'S NOT A LOT OF LARGE TRACKS. UM, THERE, THERE'S A POSSIBILITY THAT SOMEBODY COULD, UM, GATHER LARGE TRACKS AND DO A LARGER DEVELOPMENT. UH, BUT WHAT WE'RE MORE LIKELY TO SEE THERE IS SOME OF THE SMALLER, UH, MULTI-FAMILY DEVELOPMENTS OR ATTACHED. WHAT ARE THE TARGET DEVELOPMENTS YOU WANNA SEE? UH, WE'RE NOT TALKING ABOUT A MOTEL, WE'RE TALKING MORE ABOUT RENTAL TOWN HOMES OR, SO THIS IS, UM, THIS IS JUST FOR MULTI-FAMILY. SO THIS WOULD NOT, UH, EXPAND ANYTHING FOR ANY COMMERCIALS. SO NO HOTELS, MOTELS, ANYTHING LIKE THAT. UM, ATTACHED RESIDENTIAL DWELLINGS ARE GONNA BE LIKE TOWN HOMES AND DUPLEXES, RIGHT? UM, SMALL MULTI-FAMILY DEVELOPMENTS, UM, COULD BE THE, THE SAME MAYBE, UM, LIKE THE COTTAGES ON SAN JACINTO, ONLY A SMALLER SCALE, UM, THAT WOULD ALSO BE A LOW TO MEDIUM DENSITY MULTIFAMILY. UM, AND THEN A HIGH DENSITY MULTIFAMILY DEVELOPMENT WOULD BE CLOSER TO, WE DON'T HAVE MANY OF THOSE. IT WOULD BE CLOSER TO SOUTH ROW DEPARTMENTS. IS THERE A MINIMUM SQUARE FOOTAGE PER DWELLING UNIT OR THAT WOULD NOT BE REGULATED BY THE FLUME? SO THAT COULD ALLOW FOR SOME LOWER INCOME HOUSING THEN, UM, IN, IN, IN ESSENCE, AS YOU'RE OVERTHINKING THIS ONE, YEAH, JUST LOOKING FOR THE USE. OTHERS ARE CONCERNED ABOUT WHAT THE USE IS GONNA BE. SO THE, THE FUTURE LAND USE PLAN WILL NOT ADDRESS THE QUALITY OF THE DEVELOPMENT AT ALL. RIGHT? SO AGAIN, WE'RE JUST LOOKING FOR, WE'RE JUST LOOKING, LOOKING AT SQUARE FOOTAGE. IT WOULDN'T ADDRESS THAT EITHER. THEY NOT ADDRESS THAT. THAT'S A, THAT'S A DETAIL THAT WE WOULD NEED TO GET INTO, INTO THE ZONING DISTRICT, BUT EVEN NOW WE DON'T REGULATE IT TO THAT EXTENT. OKAY. SO YEAH, SO WE'RE OFF OF THE, THIS PARTICULAR [00:55:01] CHANGE WILL NOT NOT ADDRESS THOSE. OKAY. SO WE'RE OFF OF THE VARIANCES IN THE CASE BY CASE AND WE'RE BACK TO THE VERY BROAD . YES, ABSOLUTELY. YES. I'LL MAKE AND REMEMBER TOO, REMEMBER WE'RE, WE'RE ONLY TALKING ABOUT IN THESE COMMERCIAL AREAS. YES. SO, AND AGAIN, WHAT, WHAT YOU'RE KINDA GETTING INTO IS MORE OF A ZONING TYPE REGULATION, WHICH AGAIN, WE DON'T, WE DON'T REGULATE, WE DON'T HAVE A MINIMUM, UM, DWELLING UNIT SIZE OR SOMETHING LIKE THAT. BUT, SO THIS ISN'T SOMETHING THAT YOU'RE GONNA SEE COME INTO AN EXISTING NEIGHBORHOOD. THAT'S JUST NOT GONNA HAPPEN BECAUSE IT'S NOT ZONED FOR THAT AND IT'S NOT GONNA BE GOING FOR THAT. WE'RE JUST OPENING UP, WE A NEW DEVELOPMENT STYLE WITHIN CURRENT COMMERCIAL AREAS. IT IS OPENING UP THE, THE FLEXIBILITY TO ALLOW FOR, LET'S SAY I'VE GOT, UM, LET'S, LET'S SAY OUR LAST GUY SAYS, I'M GONNA DO THIS COMMERCIAL ALONG. UH, OR LET'S, LET'S SAY THAT THE FIRST GUY, WE'VE GOT THIS COMMERCIAL ALONG VILLE, AND I'VE GOT SOME STUFF IN THE BACK THAT REALLY ISN'T GONNA WORK FOR COMMERCIAL, BUT I'VE DECIDED I THINK A FEW, UM, MAYBE A FEW TOWN HOMES BACK THERE WOULD KIND OF FILL IT OUT. I THINK IT WOULD WORK AS A GOOD BUFFER TO THE NEIGHBORHOOD BEHIND ME THEN THAT'S SOMETHING THAT RIGHT NOW IS NOT ALLOWED FOR. SO THIS WOULD SET THE STAGE FOR THAT. AGAIN, YOU STILL NEED THE ZONING MM-HMM . BUT THIS WOULD SET THE STAGE FOR SOMETHING LIKE THAT WHERE WE CAN GET WHERE WE WANT TO MOVE TOWARDS SOME MORE, NOT ONLY FLEXIBLE, BUT SOME MIXES OF USES THAT OUR CURRENT COMP OR OUR, OUR OLD COMP PLAN AND OUR CURRENT ZONING JUST DON'T REALLY ALLOW FOR. SO THIS IS, AGAIN, WE'RE SORT OF SETTING THAT STAGE, ESPECIALLY AS WE JUST GET STARTED ON OUR, UM, MULE DC UPDATE THAT ACTUALLY STARTS OFFICIALLY TOMORROW. WE HAVE OUR KICKOFF MEETING . SO, UM, AS SO AS WE LOOK AT NEW REGULATIONS ACROSS THE, ACROSS THE CITY, UM, WITHIN THE ULDC, AGAIN, WE, WE WANT TO SET THAT, THAT THAT PARTICULAR LIGHT TO SAY THIS IS THE KIND OF THING WE WANT. AND AGAIN, WE WANT TO PORTRAY FLEXIBILITY, BUT WE ALSO, WE DON'T, WE DON'T WANT IT TO JUST BE MAYHEM. SO WE FEEL THAT THIS IS SOMETHING THAT THAT DOES ALLOW FOR THAT, THAT THAT DOES GIVE US BOTH SIDES OF THAT. JUST FOR CLARITY, MARTIN, IF I HAD A GENERAL COMMERCIAL AND I WANTED TO DO TOWN HOMES, I COULD, ONCE THIS IS APPROVED, UM, NO, NO, NO, NO, BECAUSE THE ZONING STILL WOULD NOT ALLOW FOR THAT. GOT IT. BUT IT MAY IN THE FUTURE, THE REST OF THE CODES ARE NOT ALLOWING FOR IT BECAUSE THE CONCEPT HASN'T BEEN APPROVED. SO APPROVING THE CONCEPT LEADS US DOWN THAT TRAIL. I BELIEVE THAT'S CORRECT. AGAIN, WE'RE SORT OF, I DON'T HAVE A BETTER PHRASE FOR IT THAN SETTING THE STAGE. NO, I GET IT. I GET IT. YEAH. UM, THIS CAME UP BECAUSE WE HAD SOMEBODY PROPOSE SOMETHING AND IN THE LAND USE MAP IT SAID, THIS SHOULD BE COMMERCIAL. AND WE LOOKED AT IT AND WENT, WELL, IT COULD BE COMMERCIAL, BUT WHAT HE'S PROPOSING ACTUALLY ISN'T A TERRIBLE IDEA. HE NEEDS A REZONE. AND, AND WE'LL BE IN FRONT OF YOU WITH THAT REZONE OSTENSIBLY SOMETIME IN THE NEAR FUTURE WITH THE WAY THIS IS WORDED NOW, HE WOULD NOT BE, UH, ALLOWED TO EVEN, I MEAN, HE WOULD BE ALLOWED TO ASK FOR THAT ZONE, BUT STAFF WOULD BE RECOMMENDING AGAINST IT BECAUSE THE FUTURE LENDING MAP DOES NOT ALLOW FOR THAT. GOT, WITH A CHANGE LIKE THIS, WHAT HE PROPOSES, SHOULD HE COME BACK AND, AND GIVE US THE RIGHT MIXTURE OF THINGS AND, AND HIT THE RIGHT CONDITIONS, STAFF MIGHT BE ABLE TO GET BEHIND THAT. AND SO WE GET CAUGHT IN THIS CONVERSATION ALL THE TIME WHERE WE'RE GOING, IN MY MIND, I LOOK AT IT AND I SAY, MAYBE THAT'S NOT SUCH A TERRIBLE IDEA. AND THEN I GET INTO THE, THE COMP PLAN. I GET INTO THE CODE AND GO, SORRY, IT DOESN'T ALLOW FOR IT. SO WE GET TOLD ALL THE TIME, USE SOME COMMON SENSE. AND REALLY A LOT OF THIS STUFF DOESN'T ALLOW FOR, FOR COMMON SENSE. AND IN THE COMMERCIAL, WE HAVE TO THINK ABOUT IT. SAME WORLD. UM, THESE ARE COMMERCIAL DEVELOPMENTS. THE MULTIFAMILY FIVE UNITS OR MORE IS A COMMERCIAL DEVELOPMENT. AND WE JUST DEFINED IT RIGHT? IN THE, IN THE REAL ESTATE WORLD, YOU, YOU DO GET THAT IN THE BUILDING CODE WORLD, YOU DO GET THAT IN THE, IN THE ZONING CODE WORLD. UM, MULTIFAMILY IS RESIDENTIAL, IT'S NOT COMMERCIAL. SO GOOD, SOFT. AND SO THERE'S A DISCONNECT THERE TOO. SO THERE IS SOME SYNERGY BETWEEN THOSE. UH, YEAH, I USED IT. UM, I USED THIS. THERE IS SOME SYNERGY BETWEEN THOSE USES THAT THAT CAN HAPPEN. UM, BUT NOT IF WE DON'T SET IT UP. OKAY. ARE YOU STILL MOTION TO APPROVE? YES. HEAR MY MOTION HEARING. MOTION SECOND. MOTION. SECOND. ALL IN FAVOR? CAN WE CLOSE THE PUBLIC HEARING? WE DID NOT. ALL OPPOSED. MOTION CARRIES. I'M GONNA CONSIDER THAT PUBLIC HEARING CLOSED. I GOT IT IN THERE JUST BEFORE WE GOT IT. OKAY. GOOD ENOUGH. EVERY SECOND. WE SECOND ITEM FIVE'S [a. Receive a report from the Planning Director.] REGISTERED COURT DECLASSIFIED . I THOUGHT FOR SURE MITCHELL WAS JUST TRYING TO RUSH US OUTTA HERE. I AM HUNGRY FOR THE RECORD. IS THAT ME? AM I NEXT? YES, ME TOO. SO, UH, WE HAD A FEW THINGS, UH, HAPPEN BETWEEN YOUR LAST MEETING AND TONIGHT. UH, WE HAD, IF YOU GUYS REMEMBER THE, UM, I THINK IT WAS 13 ACRE REZONE ON BARLOW ROAD. IT WAS RIGHT ACROSS FROM THE AIRPORT. [01:00:01] UM, WENT FROM OPEN SPACE TO SINGLE FAMILY, UH, RESIDENTIAL THAT WAS APPROVED BY COUNCIL. UH, WE HAD A SPECIAL EXCEPTION ON MAIN STREET, UH, WHERE THE, THIS IS JUST NORTH OF 1 46 AND IS THE, UM, WHERE THE U-HAUL FACILITY IS NOW ON MAIN AND, UH, ALMOST TO HAROLD. UM, THEY HAVE PROPOSED A, UM, BASICALLY A SMALL WAREHOUSE ON THAT CORNER. THE SPECIAL EXCEPTION TO, UM, REDUCED THOSE SETBACKS WAS APPROVED. SO THEY WILL BE BRINGING IN THAT FACILITY THERE IN THE NEAR FUTURE. UH, THAT SAME NIGHT WE HAD A VARIANCE, UH, AND SPECIAL EXCEPTION ON ONTARIO AVENUE. IF YOU'LL REMEMBER, UM, WE DID A REZONE ON THAT PROPERTY. UH, IT'S RIGHT UP AGAINST 1 46. AND WHERE, UH, THEY, THIS WAS A, A VERY SMALL PROPERTY THAT WAS ABOUT A THIRD OF THEIR PROPERTY WAS TAKEN WHEN 1 46 CAME THROUGH, UH, 70 YEARS AGO OR SOMETHING LIKE THAT, . SO IT LEFT A VERY SMALL KIND OF UNUSABLE PARCEL PARCEL. SO THEY REZONED IT AND THEN THEY ALSO GOT THE VARIANCES IN ORDER TO MAKE IT ACTUALLY USABLE. UM, AND WE'VE HAD A COUPLE OTHERS SINCE THEN, BUT WE'LL GET THOSE ON THE NEXT, ON THE NEXT AGENDA. THANK YOU. UH, I, I, AND I KNOW I DID TALK LAST TIME ABOUT I WAS GONNA DO SOME TRAINING, OBVIOUSLY THIS LAST MEETING, UM, WE DIDN'T HAVE ENOUGH PEOPLE HERE TO HAVE A MEETING, SO, UM, I WILL HOLD THAT OFF UNTIL THE NEXT REGULAR MEETING AND THEN WE'LL START SOME TRAINING. GOTCHA. OTHERWISE, THAT, UH, CONCLUDES MY REPORT. THANK YOU. THANK YOU, MARK. ITEM SIX IS ADJOURNED. THANK YOU. MOTION APPROVED FOR YOU IN A COUPLE WEEKS, RIGHT. WHEN IS THE. * 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.