Aug 15, 2023 Planning and Zoning Commission

A AYE.

ALL THOSE OPPOSED? MOTION CARRIES.

OUR FIRST PLAT CONSIDER APPROVING LAKE RIDGE SECTION FOUR, PRELIMINARY PLAT, APPROXIMATELY 25.45 ACRES.

RIGHT, ITEM THREE A.

[a. Consider approving Lake Ridge Section Four Preliminary Plat, approximately 25.45 acres, generally located east of State Highway 99 and west of FM 2354 Road.]

GENERALLY LOCATED EAST OF STATE HIGHWAY 99 AND WEST OF FM 2354 ROAD.

THANK YOU MADAM VICE CHAIR.

UH, RYAN VELO, ASSISTANT DIRECTOR, UH, PLANNING AND DEVELOPMENT SERVICES.

OOPS.

ALRIGHT, LET'S TRY THAT AGAIN HERE.

UH, BEFORE YOU THIS EVENING IS, UH, PRELIMINARY PLAT UH, APPROVAL FOR LAKERIDGE SECTION FOUR.

UH, THIS IS APPROXIMATELY 25.45 ACRES SITE, GENERALLY LOCATED EAST OF STATE HIGHWAY 99, UH, AND WEST OF FM 2354.

UH, ON THE SCREEN YOU'LL SEE THE, UH, UH, THE, THE, THE PLAT, UH, IN QUESTION.

AGAIN, THIS IS SECTION FOUR OF LAKE RIDGE SUBDIVISION.

UM, HERE IS THE PLAT ON THE SCREEN.

UH, THESE ARE ALL, UH, LARGE LOT RESIDENTIAL, UH, LOTS THAT ARE BEING PROPOSED HERE.

UM, STAFF HAS REVIEWED IT.

THE DRC HAS REVIEWED IT, AND THERE, UH, ARE NO COMMENTS.

AND STAFF, UH, DOES RECOMMEND APPROVAL OF THIS PLAT.

ANY QUESTIONS, COMMISSIONERS, ANY DISCUSSION TO HEAR? MOTION MOVE TO APPROVE.

ONE SECOND.

ALL THOSE IN FAVOR OF APPROVING LAKEWOOD RIDGE SECTION FOUR.

PRELIMINARY PLAT, PLEASE SAY AYE.

THREE B, CONSIDER APPROVING SAN JACINTO MALL.

THOSE OPPOSED SECOND? YES.

I'M JUST MOTION A SECOND.

[b. Consider approving San Jacinto Mall Final Replat No 1, being approximately 103.75 acres located generally southwest the intersection of Garth Road and East Interstate Highway 10. ]

FINAL REPL NUMBER ONE.

UH, BEING APPROXIMATELY 103.75 ACRES LOCATED GENERALLY SOUTHWEST OF THE INTERSECTION OF GARTH ROAD AND EAST INTERSTATE HIGHWAY 10.

GOOD EVENING, MADAM VICE, UH, CHAIR COMMISSIONERS.

MY NAME IS LAMIA SALEM.

PLANNING, UH, PLANNING, UH, DEVELOPMENT SERVICES.

UH, TYPICALLY WE DO NOT PRESENT CONSENT APPLICATIONS, AND THIS IS THE FINAL PLAT.

HOWEVER, DUE TO THE VISIBILITY OF THIS PLA UH, WE WILL PRESENT IT.

THIS IS THE SAN JACINTO MALL ON THE, UH, SOUTHWEST CORNER OF GARTH ROAD AND I 10.

UH, IT'S TO CREATE ONE RESERVE IN ONE BLOCK, AND WE RECOMMEND APPROVAL.

ANY QUESTIONS, COMMISSIONERS, ANY DISCUSSION? I HEAR A MOTION.

MOTION PROOF.

ALL THOSE IN FAVOR OF APPROVING SAN TAMAL.

FINAL PLA REPL NUMBER ONE, PLEASE SAY AYE.

THOSE OPPOSED? MOTION CARRIES.

FOUR A IS CONSIDER APPROVING SCOTTS BEND AND PELLY PLACE.

ITEM

[a. Consider approving Scotts Bend and Pelly Place General Plan, approximately 380 acres, generally located north of Wallisville Road, east of Garth Road, and west of Hadden Road.]

GENERAL PLAN, APPROXIMATELY 380 ACRES, GENERALLY LOCATED NORTH OF VILLE ROAD, EAST OF GARTH ROAD AND WEST OF HAYDEN ROAD.

ALL RIGHT.

UM, GOOD, UH, AFTERNOON AGAIN.

UM, BEFORE YOU IS A GENERAL PLAN.

SO GENERAL PLAN IS REALLY KIND OF THE FIRST STEP BEFORE WE EVEN GET TO A PLAT.

UH, THIS IS WHAT, UH, YOU CONSIDER MORE OF A CONCEPT PLAN FOR, UM, UH, THE SUBDIVISION.

UH, THIS IS, UH, THE SCOTT SPENT AND ELLI PLACE.

UM, UH, GENERAL PLAN.

IT IS, UH, 380 ACRES APPROXIMATELY, UH, NORTH OF VILLE ROAD.

UM, IT IS ACROSS FROM, UM, BLANKING ON THAT SUBDIVISION.

MY APOLOGIES.

UM, ANYWAY, UH, HERE IS THE PROPOSED GENERAL PLAN.

UM, WE HAVE WORKED VERY CLOSELY WITH THIS APPLICANT.

UM, A COUPLE OF THINGS TO KIND OF POINT OUT.

UH, ON THE, UH, THE WEST SIDE OF THE SITE, YOU WILL SEE, UH, THE, UM, I DON'T, CAN I DO A, I WAS HOPING I DO A LASER POINTER ANYWAY.

UH, ON THE WEST SIDE OF THE SITE, YOU WILL SEE THAT THERE IS A, A COLLECTOR THAT GOES FROM GARTH ROAD, UM, OVER TO, UM, NORTH, NORTH MAINE THAT IS IN COMPLIANCE

[00:05:01]

WITH OUR THOROUGHFARE PLAN.

UM, THE THOROUGHFARE PLAN WOULD THEN CONTINUE THAT, UM, ACROSS TO, TO HADDON ROAD.

UM, WE HAD TALKED WITH THEM ORIGINALLY ABOUT POTENTIALLY PUTTING A COLLECTOR THROUGH, UM, THE, UH, PLY PLACE PORTION, WHICH IS THIS AREA THAT'S ON THE EAST SIDE OF, OF NORTH MAIN THERE.

UM, THE APPLICANT, UH, WE WORKED WITH THEM.

WE LOOKED BACK AT THE DEVELOPMENT AGREEMENT.

UM, THEY WERE NOT REQUIRED TO DO THAT, BUT WHAT THEY DID DO INSTEAD, UH, WAS THEY WERE ABLE TO, UH, RECONFIGURE THE SITE, UH, TO, UM, KIND OF SLOW DOWN TRAFFIC THROUGH THERE, UM, AS WELL AS BETTER, UM, SITUATE THE CUL-DE-SACS.

AND SO, UM, AGAIN, UM, ESPECIALLY ON THE PLY PLACE SITE, AS YOU COULD SEE, IT'S A RATHER SKINNY PARCEL.

UH, IT WAS RATHER DIFFICULT TO DEVELOP.

THERE'S ALSO A RATHER LARGE, UM, UH, FLOOD CONTROL, UH, AND, AND DRAINAGE EASEMENT THAT'S, UM, THE SOUTHERN END OF THAT PROPERTY.

SO FOR ALL THOSE REASONS, UM, THIS IS REALLY KIND OF THE BEST THAT WE WERE ABLE REALLY TO KIND OF GET, UM, WITH THE APPLICANT.

AND WE APPRECIATE THEM WORKING WITH US, UM, TO FIND A SOLUTION ON THIS.

AND, UH, WITH THAT, UH, STAFF DOES BELIEVE THAT THIS DOES COMPLY WITH, UH, THE OODC AND WE WOULD RECOMMEND APPROVAL OF THIS GENERAL PLAN.

ANY QUESTIONS OR DISCUSSION? COMMISSIONERS? DO I HEAR A MOTION? MOTION TO APPROVE.

SECOND.

WE ARE TO OUR ZONING ITEM, AND WE HAVE FOUR ITEMS ON ZONING.

THOSE OPPOSED THE MOTION TO APPROVE SCOTT'S BEN AND P PLACE.

GENERAL PLAN PASSES.

WE ARE HERE, UH,

[a. Conduct a public hearing and consider a request regarding a proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to change Sec 5.79 New Signs, concerning certain language addressing permitting all temporary off-premises signs.]

I WILL READ THE FOLLOWING ONE TIME, AND IT APPLIES TO ALL THE PUBLIC HEARINGS.

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.

HEARINGS SHOULD HAVE SIGNED THE APPROPRIATE LIST AS THIS LIST WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING.

EACH SPEAKER SHALL GIVE 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 A SPOKESPERSON TO PRESENT THE INFORMATION.

IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME AND WE WILL GET STAFF TO ANSWER.

SIGNS IF IT'S A CITY EVENT, A CHURCH EVENT, UM, YOU KNOW, SOMEONE COMING IN SAYING, HEY, COME GET 5 99 PIZZA TO, YOU KNOW, POLITICAL SCIENCE, ALL THE SAME.

THE FIRST ZONING ITEM IS CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST REGARDING A PROPOSED TEXT AMENDMENT TO APPENDIX, A UNIFIED LAND DEVELOPMENT CODE TO CHANGE SECTION SECTION 5.79.

NEW SIGNS CONCERNING LANGUAGE ADDRESSING PERMITTING, ALL TEMPORARY OFF-PREMISES SIGNS.

THANK YOU VERY MUCH.

UM, YES, UH, BEFORE YOU THIS AFTERNOON IS A PROPOSED TEXT AMENDMENT.

UH, GIVE A LITTLE BIT OF BACKGROUND OF, OF WHERE THIS TEXT AMENDMENT CAME FROM.

UM, SO BACK IN 2015, THE SUPREME COURT, UH, HELD, UH, RULE ON A PRETTY PIVOTAL CASE, UH, WHEN IT CAME TO SIGN A REGULATION IN THE UNITED STATES, A CASE CALLED REED VERSUS, UH, TOWN OF GILBERT, ARIZONA.

BASICALLY THE CRUX OF THAT RULING WAS, UH, THAT CONTENT-BASED, UH, SIGN RESTRICTIONS ARE UNCONSTITUTIONAL, UH, RESTRICTIONS OF THE FIRST AMENDMENT.

AND WHAT THAT MEANS IN LAYMAN'S TERMS IS, UM, BASICALLY IF WE AS STAFF HAVE TO READS SIGN TO DETERMINE HOW TO REGULATE IT, THAT SIGN IS, UH, BASICALLY WE'RE, WE'RE HAVING TO LOOK AT THE CONTENT OF IT.

SO AGAIN, THE SUPREME COURT, UH, ASKED, UH, OR, OR NOT ASKED, THEY, THEY, UH, BASICALLY RULED THAT CONTENT BASED, UH, RESTRICTIONS ARE, ARE NOT, UH, CONSTITUTIONAL.

AND SO, UM, WHERE THAT KIND OF RAN AFOUL WAS, UM, IN GILBERT, THE, UM, THEIR SIGN CODE HAD ABOUT 10 DIFFERENT, UH, UH, TEMPORARY SIGN TYPES.

THEY HAD CHURCH SIGNS, THEY HAD POLITICAL SIGNS, THEY HAD CITY EVENT SIGNS.

THEY HAD, YOU KNOW, BUSINESS TEMPORARY SIGNS.

AND THEY ALL HAD DIFFERENT RESTRICTIONS.

AND SO, UM, BASICALLY, UM, WHAT WAS RULED WAS, AGAIN, THAT THAT WAS A VIOLATION OF, OF, OF SOMEONE'S FIRST AMENDMENT RIGHTS.

UM, YOU CAN'T HOLD ONE LEVEL OF SPEECH AT A HIGHER LEVEL THAN ANOTHER.

AND SO, UM, WE, WHEN THAT RULING CAME OUT, THE CITY DID AMEND OUR SIGN ORDINANCE.

UM, BUT IT WAS BROUGHT TO OUR ATTENTION THAT OUR POLITICAL SIGNS WERE STILL, UM, HAD A DIFFERENT RESTRICTION OR DIFFERENT REGULATIONS THAN ALL OF OUR OTHER TEMPORARY SIGNS.

AND SO WHAT THIS ORDINANCE WOULD DO WOULD BE, UM, TO REMOVE THAT DIFFERENCE AND, AND RULE THAT ALL, UH, WOULD AND WOULD SAY THAT ALL, UM, UH, OFF-PREMISE TEMPORARY SIGNS, THEY WOULD ALL BE TREATED THE SAME.

UH, THE AMENDMENT WOULD ALLOW FOR A MAXIMUM OF TWO SIGNS PER LOCATION.

UM, AND FOR NO LONGER THAN SEVEN DAYS IN ANY 30 DAY PERIOD.

UM, IT WOULD ALSO NOT CHANGE, UH, ANY PROHIBITION ON PLACING SIGNS IN THE RIGHT OF WAY.

SO AGAIN, WE WOULD TREAT ALL TEMPORARY

[00:10:01]

AND, AND, UM, OUR CITY ATTORNEYS BELIEVE THAT THAT WILL PROTECT US, UH, FROM ANY CONSTITUTIONAL CHALLENGE, UM, THAT MAY ARISE, UH, FROM OUR ORDINANCE.

SO WITH THAT, UM, HAPPY TO ANSWER ANY QUESTIONS Y'ALL MIGHT HAVE.

YOU SAID TWO SIGNS PER LOCATION FOR 30 DAYS, UH, FOR SEVEN DAYS IN A 30 DAY PERIOD.

SEVEN DAYS.

SO THAT MEANS TWO SIGNS, PERIOD, REGARDLESS.

SO IF THERE'S SEVEN PEOPLE RUNNING FOR OFFICE, ALL SEVEN CAN PUT ONE SIGN, TWO SIGNS EACH, OR THERE'S ONLY TWO PEOPLE THAT CAN PUT THE SIGN IN FRONT OF THE POST OFFICE.

I WILL ALLOW OUR CITY.

I WAS GONNA SAY I DIDN'T PARTICIPATE IN THAT, BUT , SORRY.

GREAT QUESTION.

UM, BUT I'M SORRY.

ASK THAT AGAIN THOUGH, BECAUSE THAT IS INTERESTING.

SO MY MIND GOES TO PEOPLE THAT RUN FOR A POLITICAL OFFICE, RIGHT? AND IN FRONT OF THE POST OFFICE, EVERYBODY TENDS TO PUT MASS AMOUNTS OF SIGNAGE.

RIGHT? SO DOES THAT MEAN FRED CAN PUT TWO SIGNS AND SAM CAN PUT TWO SIGNS AND JULIE CAN PUT TWO SIGNS, OR FRED AND JULIE ONLY CAN PUT ONE SIGN EACH FOR THE EQUAL OF TWO? OH, NO.

PER PERSON.

SO TWO SIGNS PER PERSON.

BUT I GUESS YOU KIND OF CAUGHT ME OFF GUARD.

'CAUSE I DIDN'T REALIZE THAT IT HAD A TWO SIGN MAXIMUM LIMIT SO THAT, SO TUCSON PER SUBJECT OR PER PERSON OR SOMETHING OF THAT, SO RIGHT.

SO, SO THAT'S ODD.

'CAUSE IT'S ONLY SEVEN DAYS IN A 30 DAY PERIOD.

SO, YOU KNOW, PEOPLE START CAMPAIGNING MONTHS IN ADVANCE MM-HMM .

SO SEVEN DAYS TAKE IT DOWN, PUT IT BACK.

SO YOU HAVE TO WAIT OUT THE 30 DAYS CORRECT.

TO PUT YOUR SIGNAGE BACK UP.

YEP.

YEAH, WE DON'T REQUIRE PERMITS OR ANYTHING LIKE THAT, BUT YES, THE, AGAIN, UM, THE, THE INTENT IS THAT WE HAVE TO TREAT ALL OF 'EM THE SAME.

SO WHO'S REGULATING THIS , UH, IN TERMS OF THE SEVEN DAYS, DAYS, WHO'S RIGHT AROUND TOWN? MAKING SURE SIGNS ARE ONLY THERE FOR SEVEN DAYS.

, IT'S, IT, IT, THAT IS AN EXCELLENT QUESTION.

UM, BUT AGAIN, THAT'S, THAT'S WHAT OUR ORDINANCE CURRENTLY ALLOWS FOR TEMPORARY SIGNS.

SO WE WOULD TREAT IT IN THE SAME WAY.

IF WE RECEIVED A COMPLAINT, WE WOULD, WE WOULD NOTE IT, WE WOULD MONITOR IT, AND THEN WE WOULD, WE WOULD DEAL WITH WITH IT AS WE NEEDED TO.

THEY'RE NOT CONSIDERED TEMPORARY.

SORRY, I'M NOT TRYING TO BEAT A DEAD HORSE.

I'M TRYING TO GAIN CLARITY HERE.

NO, ABSOLUTELY.

YEAH.

SO I'M OPENING A NEW BUSINESS MM-HMM .

AND I PUT UP MY SIGN COMING SOON.

MM-HMM .

THAT CAN ONLY BE THERE FOR SEVEN DAYS.

THAT'S CORRECT.

DURING A 30 DAY PERIOD.

NOW HIRING SEVEN DAYS.

GOTCHA.

, WHAT ARE THEY GONNA DO WITH LIKE, ELECTIONS IN FRONT OF CITY HALL WHEN ONE PERSON HAS 40 SIGNS? I MEAN, THAT'S UNFORTUNATELY, UM, WHAT YOU ARE, WHAT YOU ARE FINDING OUT IS THAT, UH, STATE LAW, FEDERAL LAW, THEY DO NOT MESH ON THIS.

AND IT IS, IT IS AN ISSUE THAT A LOT OF COMMUNITIES ARE DEALING WITH.

AND SO, UM, AGAIN, WE, WE RECEIVED, UM, A CONCERN FROM BASICALLY THIS IS BASED ON POLITICAL SIGNS AND THAT, UM, AGAIN, UM, WHY, WHY ARE THEY BEING TREATED DIFFERENTLY THAN OTHER TEMPORARY SIGNS? AND SO, SO A REAL ESTATE SIGN, I'M SORRY, I'M SORRY, IS A TEMPORARY SIGN REAL ESTATE.

ESTATE SIGNS ARE REAL ESTATE SIGNS ARE, I WOULD HAVE TO LOOK.

AND BUT THEY'RE NOT CONSIDERED TEMPORARY.

THEY ARE NOT CONSIDERED TEMPORARY.

THAT IS CORRECT.

THAT WOULD BE .

YES, SIR.

AND REMIND ME AGAIN, WHAT IS THE CURRENT STATUTE? WHAT IS THE CURRENT LAW? UH, SO OUR CURRENT, UH, SAYS RIGHT HERE, UM, LET ME PULL IT UP HERE REAL QUICK, MY APOLOGIES.

UM, TEMPORARY SIGNS, UM, ONLY A MAXIMUM OF SEVEN DAYS IN ANY 30 DAY PERIOD.

UM, AND THEN THERE USED TO BE A WHOLE BUNCH OF DIFFERENT, UH, THINGS THAT WOULD BREAK OUT THAT, UH, POLITICAL SIGNS, UM, AGAIN, YOUR OFF-PREMISE SIGNS FOR CITY SPONSORS AND, AND, UH, CO-SPONSORED EVENTS.

UM, IF YOU ARE DOING, UM, THE STREET BANNERS, ALL OF THAT.

SO THOSE ARE ALL, AGAIN, BEING REMOVED.

AND IT'S JUST ONE TEMPORARY SIGN FOR EVENTS IS WHAT, IS WHAT, UH, THE, THE CODE IS ACTUALLY, UH, LOOKING AT HERE.

SO IN OTHER WORDS, AS I'M HEARING IT RIGHT NOW, ALREADY, IF YOU PUT A NOW HIRING SIGN, YOU STILL HAVE A SEVEN DAY RESTRICTION AS IT STANDS, RIGHT? THAT IS CORRECT.

SO THEY'RE JUST TRYING TO COUPLE IT ALL TOGETHER? THAT IS CORRECT.

THAT'S ALL RIGHT.

I DON'T HAVE THE FULL ORDINANCE IN FRONT OF ME.

FAIR ENOUGH.

AND, AND WHAT WE HAVEN'T DISCUSSED, SORRY, WHAT WE HAVEN'T DISCUSSED IS SIZE.

IS EVERYBODY GONNA BE RESTRICTED TO THE SAME SIZE OF TEMPORARY SIGN? YES.

THAT DOES NOT CHANGE.

LET ME GET INTO THAT HERE.

UM, HE SAID SOMETHING ABOUT THERE BEING, BEING BANNERS OR SIGNS AND IF THEY'RE TEMPORARY, I DON'T TEMPORARY OUTSIDE RESTRICTIONS.

INTERESTING.

[00:15:01]

MY APOLOGIES.

UM, I WILL NOTE THIS IS SOMETHING THAT WAS DRAFTED BY THE CITY'S ATTORNEY'S OFFICE.

IT WAS NOT DRAFTED BY, BY OUR STAFF.

SO , SO IT WAS KIND OF HANDED TO US UNDER THE BUS SISTER UNDER THE BUS? NO.

OR ME ACTUALLY OUTSIDE COUNSEL.

YES.

THAT'S A GOOD POINT.

YES.

ACTUALLY, NOBODY GAVE THAT TO ME.

BUT, UM, SO WITH THAT BEING SAID, YOU'RE HERE TO RECOMMEND LEGISLATION.

SO IF THERE ARE IDEAS YOU HAVE THAT YOU WANT US TO LOOK INTO OR MAKE EDITS TO YEAH, ABSOLUTELY.

WE CAN LOOK INTO IT.

EXCELLENT POINT.

SO, GREAT QUESTIONS.

SO THEY ARE ALL THE SAME SIZE, FIVE BY EIGHT, FOUR BY EIGHT, TWO BY TWO.

LET ME ACTUALLY PULL THE ACTUAL, AND I WAS GONNA SAY, WHEN YOU CONSIDER THE SIGN THE SIZE OF THE SIGNS, ONE CONSIDERATION IS HEALTH AND SAFETY.

THAT'S WHAT THIS IS ALL ABOUT.

AND SO DOING IT WITHOUT A PERMIT, SO IF IT GETS TO BE BEING TOO BIG, THEN YOU MAY NEED A PERMIT.

SO WE WOULD NEED TO LOOK AT THOSE REGULATIONS AND COMPARE TO SEE IF IT WOULD TRIGGER A PERMIT PULL UP.

AS SOMEONE WHO DOES BUSINESS IN THIS CITY, I WOULD HIGHLY BEG OF YOU NOT TO ADD ANY MORE PERMITS TO THE LIST OF PERMITS I MUST HAVE NOW.

EXACTLY.

SO .

SO IF WE COULD KEEP THAT FROM HAPPENING, THAT'D BE GREAT.

UM, BUT I DO HAVE QUESTIONS ABOUT DOES THIS ROLL OVER INTO RESIDENTIAL? BECAUSE YOU KNOW, THE BIG HAPPY BIRTHDAYS, IT'S OUR ANNIVERSARY, WHATEVER, WHATEVER.

GREAT BIG, HUGE THINGS ARE GOING UP IN YARDS CONSTANTLY NOW.

SO DOES THIS PLAY INTO THAT? YES, YOU WILL NOT, YOU'RE NOT GONNA HAVE A BIRTHDAY FOR A MONTH.

JEFF DOES.

THAT'S A 30 DAY BIRTHDAY ABOUT CAR DEALERSHIPS.

WE'RE NOT BEING ASKED TO CHANGE THE, THE SIZE OF THE SIGNS THOUGH.

NO, NO.

THE QUESTION IS, IS IS THAT BEING ROLLED IN ON THE BACK END AND WE DON'T KNOW ABOUT IT? IS THAT THE QUESTION? I WAS JUST WONDERING IF IT APPLIED, BECAUSE I MEAN, I THINK YOUR AVERAGE CITIZEN DOESN'T EVEN UNDERSTAND THAT, THAT YOU CAN'T HAVE SOMETHING IN YOUR OWN YARD FOR MORE THAN THAN SEVEN DAYS.

AND IF SIZE MATTERS, THEN IT SHOULD MATTER ACROSS THE BOARD AS WELL.

CORRECT? CORRECT.

WELL, PERHAPS YOU COULD LOOK AT IT FROM TWO APPROACHES, RIGHT? REGULATING SOMEONE ELSE'S PROPERTY AND THEN THE CITY'S PROPERTY.

THAT'S A DIFFERENT STANDARD BECAUSE IF THE REGULATIONS ARE RELATING TO THE CITY'S OWN PROPERTY, UM, WE CAN PLACE TIME, PLACE AND MANNER REGULATIONS ON THERE.

IT, WE JUST HAVE TO HAVE A LOGICAL REASON THAT IS IN CONSIDERATION OF HEALTH AND SAFETY.

SO IT DOESN'T, WE CAN CREATE DIFFERENT STANDARDS FOR THE CITY'S PROPERTY VERSUS, UM, PRIVATE PROPERTY.

SO THIS IS ONLY FOR CITY PROPERTY.

THIS IS CITYWIDE, IS THAT CORRECT? THAT IS CORRECT.

CITYWIDE, THEY MADE IT ONE BLANKET.

MM-HMM .

THE COVER PERSONAL AND CITY PROPERTY.

RIGHT.

SO IF YOU ALL WANNA TAKE THAT APPROACH, WE COULD, CAN THEY SEPARATE? YEAH, YOU CAN DO THAT.

BUT WE JUST HAVE TO GIVE A GREAT CONSIDERATION AND LOOK AT IT, UM, AND MAKE SURE IT FLOWS WELL.

BUT WE COULD DO THAT.

YEAH, THAT WOULD BE A LOT BETTER IDEA THAN JUST TRYING TO BLANKET BLANKETED OVER EVERYONE.

EXCEPT THEN NOW WE HAVE SIGNS EVERYWHERE FOR INFINITY.

I GUESS I DON'T HAVE A PROBLEM AGAINST THIS IF I UNDERSTAND WE'RE TRYING TO CREATE THIS SO THAT WE ARE NOT HELD LIABLE FOR PREJUDICE OR BEING, YOU KNOW, HAVING UNFAIR PRACTICES OR SOMETHING OF THAT.

IS THAT WHAT I'M UNDERSTANDING? THE INTENTION IS THAT THE REGULATIONS ARE STRICTLY RELATED TO HEALTH AND SAFETY.

SO, YOU KNOW, NOT CLUTTERING THE NEIGHBORHOOD, ET CETERA, BUT NOT RELATED TO THE CONTENT ON THE SIGN.

THEY JUST HADN'T INCLUDED POLITICAL SIGNS AND NOW THEY WANT TO PUT EVERYTHING.

SO IT'S STREAMLINED.

IT'S NOT TARGETING POLITICAL SIGNS.

IT IS BECAUSE EVERYTHING ELSE WAS, THEY'RE JUST PUTTING IT IN.

SO THERE'S NO DIFFERENTIATION BETWEEN THE POLITICAL SIGN AND ANY IN A HAPPY BIRTHDAY OR COFFEE FOR A DOLLAR SIGN, OR EXCUSE ME.

OR WE BUY UGLY HOUSES.

YEAH.

YES.

SO KEEP IN MIND, WHILE YOU'RE THINKING ABOUT THIS, RIGHT, UM, THAT IS A CONCERN WE HAVE THE, THERE'S A PROLIFERATION OF THOSE, UM, ACROSS THE CITY, AND THEY DO AFFECT THE DRAINAGE.

IF THEY DO COME LOOSE, THEY CAN BLOCK DRAINS.

AND THAT'S ONE OF THE REASONS WE DO HAVE, UM, CERTAIN REGULATIONS FOR THESE TYPES OF SIGNS.

CLOSE THIS PUBLIC HEARING AND MOVE TO ARE, ARE YOU, IS THAT OKAY, RYAN? UH, YEAH.

ANY FURTHER DISCUSSION? NO.

[00:20:01]

THAT WE WOULD NEED A, WE'VE CLOSED THE PUBLIC HEARING NOW WE WOULD NEED ACTION ON THIS ITEM, BUT WE STILL HAVE TO ASK IF THERE'S ANYONE WHO WANTS TO SPEAK ON THE, UH, IS THERE ANYONE THERE'S NO ONE SIGNED UP TO SPEAK, UM, ON THIS ITEM FIVE A.

SO I CLOSE THIS PUBLIC HEARING AND IS THE ACTION TO AGREE? IT WOULD BE TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE OR DENY, UH, THIS, ALL THOSE IN FAVOR OF MAKING A RECOMMENDATION TO CITY COUNCIL MOTION.

WE HAVE TO MAKE A MOTION.

THIS IS COMMISSIONER SCOTT .

I MAKE A MOTION TO RECOMMEND APPROVAL.

READ THIS.

WE HAVE NO RULES PEOPLE, BECAUSE WE HAVE NEW INSTRUCTIONS TODAY.

SO EXCUSE US FOR THIS SIGN.

DEBACLE.

FIVE B AND C GO TOGETHER.

AGAIN, PLEASE MOVE .

I SAID I WILL RECOMMEND APPROVAL FOR THESE CHANGES AND TO RECOMMEND TO CITY COUNCIL.

IS THAT WHAT I NEED TO SAY? YOU SAID IT.

I'LL SECOND IT.

ALL THOSE IN FAVOR OF THE MOTION PRESENTED BY A COMMISSIONER.

SCOTT, PLEASE SAY AYE.

CLOSE THIS PUBLIC HEARING AND MOVE ON TO PUBLIC HEARING.

[b. Conduct a public hearing and consider a request to amend the official zoning map to rezone approximately 46.4 acres located at 7128 East Interstate Highway 10 (E IH 10) from Open Space/Recreation (OR) to General Commercial (GC) Zoning District.]

UM, THE SAME PUBLIC HEARING RULES APPLY TO THIS PUBLIC HEARING.

UM, FIVE B IS CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 4 6 46 0.4 ACRES, LOCATED AT 71 28 EAST INTERSTATE, HIGHWAY 10 FROM OPEN SPACE RECREATIONAL OR TO GENERAL COMMERCIAL GC ZONING DISTRICT.

THE, UM, I WILL PRESENT THE, UH, THE TWO ITEM FOR, FOR THE SAME, UH, SUBJECT PROPERTY LOCATED AT 71 28 EAST I 10.

THE SUBJECT PROPERTY IS, UH, LOCATED SOUTH OF I 10 FEEDER ROAD.

IT'S APPROXIMATELY HALF MILE, UH, WEST OF, UH, SLANDER AND A MILE EAST OF MAIN STREET.

IT'S PRIMARILY UNDEVELOPED, UH, ONLY THE, THE FRONT PORTION OF THE PROPERTY HAS THOSE TWO BILLBOARDS AND THE SINGLE FAMILY HOUSE.

THE SURROUNDING AREA OF THE SUBJECT PROPERTY, UM, HAS A MIX OF, UH, EXISTING AND PLANNED COMMERCIAL USES ON THE EAST SIDE.

THERE IS A PLANNED WAREHOUSE DEVELOPMENT ON THIS, UH, PROPERTY LOCATED AT 7,300, UM, EAST OF I 10.

NEXT TO IT IS A EXISTING COMMERCIAL, UH, USES AND FURTHER EAST IS BAYWAY.

UM, 10 BUSINESS PARK TO THE WEST ARE SOME VACANT PROPERTIES AS WELL AS, UM, EXISTING COMMERCIAL USES THE SUBJECT PROPERTY AND ITS, UM, ADJACENT PROPERTIES WERE ANNEXED IN 2017 AND WERE ZONED, OR, AND A REZONING, UH, IS REQUIRED FOR ANY FUTURE DEVELOPMENT ON THE SUBJECT PROPERTY OR ANY, UH, DEVELOPMENTS THAT ARE, UH, THAT IS ZONED OR THE FUTURE LAND USE MAP.

UH, DESIGNATE THE SUBJECT PROPERTY FOR LARGE SCALE COMMERCIAL, WHICH IS, UM, PERMITS, UH, BIG BOX COMMERCIAL, UH, STORES, UM, AUTOMOBILE, UH, SERVICES, ET CETERA.

AND LARGE SCALE COMMERCIAL TRANSLATE TO, UH, GENERAL COMMERCIAL IN ULDC AND WAREHOUSE DEVELOPMENTS OR USES ARE PERMITTED WITH CONDITIONS IN GC.

AND THE STAFF REPORT LISTED ALL THE CONDITIONS, UM, FOR, UH, TO BE IN, UH, UH, THAT MUST BE, UM, REQUIRED FOR ANY DEVELOPMENT WAREHOUSE DEVELOPMENT

[00:25:01]

IN GC.

UM, THE, UM, SUP OR A SPECIAL USE PERMIT, WHICH WE WILL GET INTO, UH, IN THE NEXT FEW SLIDES.

UM, WAS A TEXT AMENDMENT THAT WAS APPROVED BY CITY COUNCIL IN A FEW DAY, A FEW DAYS BACK.

AND, UH, NOW IT'S, UM, IT'S ADDED TO THE LIST OF CONDITIONS FOR, UM, WAREHOUSE USES IN GC.

THE APPLICANT IS PROPOSING TO, UH, REASON THE PROPERTY FROM OR TO GC AND THAT'S THE SITE PLAN.

SO THAT'S THE PROPOSED SITE PLAN.

THE APPLICANT IS PROPOSING NINE BUILDINGS.

IT'S A MIX OF OFFICE BUILDINGS AS WELL AS WAREHOUSE MEDIUM SIZE TO, UH, TO SMALL SIZE WAREHOUSES.

UM, ONE ACCESS POINT OFF OF I 10 AND A HUNDRED FEET OF SETBACK FROM EACH PROPERTY BOUNDARIES THAT ENCOMPASSES THE, UH, 50 FOOT OF OPEN SPACE AND 50 FOOT OF, UM, UH, VEGETATIVE BUFFER.

ALSO PROPOSING TO HAVE, UM, PARKING FOR EACH BUILDING.

AND, UM, A DETENTION POND, UH, IS PROPOSED AT THE, UH, SOUTHWEST CORNER OF THE PROPERTY.

ALL, UH, BAY, UH, WAY DOORS OR DOCKS ARE GOING TO BE PROPOSED INTERNAL TO THE SITE.

THERE IS NO ACCESS FROM, UH, SHULE.

IT'S GOING TO BE ONLY FOR DRAINAGE EASEMENT.

THE APPLICANT IS HERE AND, UM, HE HAS A PRESENTATION HE WANTS TO, UH, PRESENT.

IS THIS MR. RYAN SWEENEY, OR, YES MA'AM.

WE'RE AN INVESTMENT DEVELOPMENT COMPANY.

HELLO EVERYONE.

MY NAME IS RYAN SWEENEY.

I'M WITH BCS CAPITAL GROUP.

WE'RE BASED IN HOUSTON.

UM, THANK YOU FOR ALLOWING ME TO SPEAK.

I THOUGHT IT WOULD BE BENEFICIAL TO HAVE A FEW SLIDES TO KINDA ADD SOME COLOR TO WHAT WE'RE PROPOSING HERE.

UM, IT WAS, IT, THE SITE PLAN WAS, WAS SHOWN TO YOU.

AND, AND I WANNA CLARIFY A LITTLE BIT.

THESE, IT'S GONNA BE A COMBINATION OF SMALL BUILDINGS, UH, OFFICE AND WAREHOUSE.

SO SOME CAN BE FULL OFFICE, SOME CAN BE PARTIALLY OFFICE WITH WAREHOUSE.

BUT THE IDEA IS TO SERVE THE SMALL TO MEDIUM SIZED COMPANY COMMUNITY.

UM, WE FEEL LIKE THERE'S A TREMENDOUS DEMAND FOR THESE TYPES OF COMPANIES TO COME OUT HERE AND, AND LOCATE, UH, RATHER THAN LEASE, MAYBE OWN.

UM, WE WILL, WE'RE PRIMARILY GONNA OFFER THE PROPERTIES FOR SALE.

WE WILL OFFER SOME PROPERTIES FOR LEASE, UM, JUST TO ACCOMMODATE THE MARKET.

BUT WHAT WE WANNA FOCUS ON IS REALLY WHAT IT IS.

AND, AND I THINK, UM, THIS SLIDE IS DESIGNATED TO JUST HIGHLIGHT SOME OF THE THINGS THAT IT IS AND WHAT IT'S NOT.

UM, SO IT'S A SMALL BUILDING BUSINESS PARK.

UH, IT'S A CREATIVE DEVELOPMENT ON A PROPERTY THAT, THERE'S ANOTHER SLIDE I'LL, I'LL, I'LL SHOW YOU, BUT THE PROPERTY IS ENCUMBERED BY QUITE A FEW PIPELINES.

IT HAS A BAD CONFIGURATION TO IT.

IT'S GOT A SEVEN AND A HALF ACRE POND ON THE PROPERTY.

THESE THINGS CAN BE OVERCOME, BUT IT DOES JEOPARDIZE THE EFFICIENCY OF THE SITE, WHAT THE HIGHEST AND BEST USE FOR THE SITE IS, ET CETERA.

SO WE, WE FEEL LIKE WE'RE, WE'RE, WE'RE CREATING VALUE, AT LEAST INTERNALLY, BUT WE ALSO THINK WE'RE, WE'RE CREATING VALUE IN THE EFFICIENCY OF THE SITE AND BRINGING THE PROPERTY TO ITS HIGHEST AND BEST USE.

UM, WE'RE PLANNING TO, TO PROVIDE THESE BUILDINGS TO THE SERVICE SUPPLY AND PRECISION MANUFACTURING COMPANIES THAT, THAT WORK AND, AND WILL MOVE TO BAYTOWN, HOPEFULLY PROMOTE ECONOMIC GROWTH.

UM, WE FEEL LIKE IT'S AN IDEAL LOCATION FOR THIS TYPE OF USE.

UM, WE'VE GOT PRETTY GOOD DISTANCE BETWEEN THE, THE INTERSECTIONS AND, UM, AND THE EXIT RAMPS.

I NOTE SOME OF THOSE, UM, THE, ONE OF THE PREVIOUS SLIDES SHOWS THE NEIGHBORING PROPERTIES, BUT THERE'S A LITTLE BIT MORE HISTORY TO SOME OF THESE PROPERTIES.

UH, YOU KNOW, THEY'RE, THEY'RE FULLY DEPRECIATED OFFICE WAREHOUSE PROPERTIES THAT ADJOIN THIS, THIS PROPERTY, MEANING THAT THEY'RE OUTSIDE OF THEIR ANTICIPATED LIFETIME.

THEY'RE RUNDOWN.

THERE'S A

[00:30:01]

BUNCH OF CARS AND TRUCKS PARKED OUTSIDE.

THEY'RE IN DISREPAIR.

THE PROPERTY TO OUR WEST IS LONG AND NARROW.

IT'S ENCUMBERED BY PIPELINES.

I DON'T REALLY KNOW WHAT IS, IS THE FUTURE FOR THAT SITE, BUT AS A DEVELOPER, I, I SEE SOME PROBLEMS IN, IN WHAT COULD BE DEVELOPED ON THAT SITE.

WE WILL EXPLORE POSSIBLY WORKING WITH THAT.

THAT GROUP, THEY'VE BEEN KIND OF NON-RESPONSIVE, SO WE'RE FOCUSING ON THIS 46, UH, TO THE WEST OF THAT.

OXY HAS A, A PRETTY SUBSTANTIAL SUBSTATION THERE WITH SIGNIFICANT PIPELINES RUNNING THROUGH THAT CORRIDOR.

SO WE DON'T SEE ANY DEVELOPMENT THERE PROBABLY IN MY LIFETIME.

UM, BUT, YOU KNOW, I JUST WANTED TO NOTE THAT AS FAR AS SURROUNDING USES ARE CONCERNED AND NUISANCES AND THINGS, EVEN THOUGH THIS WON'T BE A NUISANCE, I THINK IT'S IMPORTANT TO TO, TO AT LEAST UNDERSTAND WHAT'S AROUND IT.

UM, YES, THERE A PROPOSED OFFICE WAREHOUSE TO OUR EAST GATEWAY 10 BUSINESS PARK, ALSO TO THE EAST.

AND THEN CHEVRON SINCE HAS ACQUIRED BASICALLY ALL THE PROPERTY ON THE NORTH SIDE OF 10.

I HAVEN'T HEARD OF ANY FUTURE PLANS FOR THAT PROPERTY, BUT I DON'T EXPECT ANY.

UM, BUT PLEASE SHARE ANY INFORMATION THAT YOU HAVE ON THAT.

RIGHT.

SO, UM, THIS IS AN EXHIBIT THAT SHOWS THE INGRESS AND EGRESS OF THE SITE IN RELATION TO THE EXITS AND THE INTERSECTIONS.

UM, WE BELIEVE THAT IT, IT PROVIDES GREAT ACCESS FOR THIS TYPE OF USE.

IT'S, IT'S, IT'S A LOW TRAFFIC IMPACT DEVELOPMENT FROM OUR STUDIES.

WE EXPECT THE MAJORITY, WELL, THE DESIGN OF THE, THE PROJECT IS FOR SMALL PEDESTRIAN VEHICLES AND SMALL TRUCKS.

IF YOU LOOK CLOSELY AT THE SITE PLAN, YOU CAN SEE THE, THE LARGEST TRUCK AREA IS 130 FEET.

IF YOU'VE SEEN SOME OF THE OTHER LARGE SCALE INDUSTRIAL DEVELOPMENTS THAT CATER TO 18 WHEELERS, THEY'RE 80 OR 180 FEET.

SO THIS IS DESIGNED TO ACCOMMODATE SMALLER VEHICULAR TRAFFIC, I THINK EMPLOYEES, BOX TRUCKS, THINGS LIKE THAT FOR SMALL PARTS AND, AND PRODUCTS THAT THAT NEED TO BE DELIVERED, ASSEMBLED OR DISTRIBUTED.

WE'VE PUT TOGETHER SOME RENDERINGS, VERY CONCEPTUAL, BUT IT'S KIND OF THE DIRECTION THAT WE EXPECT TO GO.

UM, WE'RE REALLY LIKING THE FIRST RENDITION, UM, BUT IT IS CONCEPTUAL.

THIS KIND OF HIGHLIGHTS WHAT'S GONNA BE SEEN FROM I 10, YOU KNOW, HEAVY EMPHASIS ON THE ARCHITECTURAL AESTHETICS OF WHAT'S FRONTING I 10 LANDSCAPING BUFFERS ON THE FRONT, ALL SIDES, ALL WITHIN A HUNDRED FEET, WHICH ACCOMMODATES THE, THE NEW SUP CONDITIONS.

UM, FOR GC, AM I OVER THREE MINUTES? UM, HERE'S SOME MORE HIGHLIGHTS ON A HIGHLIGHTED SITE PLAN.

SMALL BUILDING DESIGN, PEDESTRIAN VEHICLE, AND SMALL TRUCK ORIENTATORS OR ORIENTATION.

UM, WE'VE ACCOMMODATED ALL THE LANDSCAPING REQUIREMENTS, LANDSCAPE AND OPEN SPACE SETBACK REQUIREMENTS.

WE BELIEVE IT CONFORMS TO THE SURROUNDING USES BEAUTIFULLY.

IF NOT, IT'LL PROMOTE CONTINUED GROWTH AND, AND QUALITY DEVELOPMENT IN THE AREA.

UH, WANNA HIGHLIGHT THERE'S NO ACCESS TO SLANDER.

NOT ONLY CAN'T WE DO IT, THERE'S A PIPELINE RUNNING THROUGH THAT EASEMENT.

UM, WE PLAN TO UTILIZE APPROXIMATELY 20 FEET FOR A, A STORM DRAIN, AND WE'LL WORK WITH THE CITY TO MAKE SURE THAT THAT'S, THAT'S UP TO SPEED.

UM, AND THEN WE HAVE SCREENING ON ANY OUTSIDE STORAGE AREA, WHICH IS MINIMAL.

WE HAVE UNDER TWO ACRES SHOWN HERE, AND IT'S UNDER ONE ACRE PER BUILDING.

AND THOSE TWO BUILDINGS ARE THE ONLY ONES THAT HAVE IT.

BUT, UM, THOSE HAVE SIX FOOT OPAQUE SCREENING AND THE WALL ALSO SCREEN THE DETENTION AREA AS REQUIRED.

SO THAT'S IT.

PLEASE, IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK.

ANY QUESTIONS? COMMISSIONERS DISCUSSION.

MR. SWEENEY.

UM, IS AUSTIN HAYES HERE? DOES DOES HE WANT, DO YOU WANT, WOULD YOU LIKE TO SPEAK OR AUSTIN HAYES.

HAYES IS OUR ENGINEER HAYES OKAY.

WITH ALTER GROUP.

AND, UM, HE'S HERE WITH ME TO, TO ANSWER ANY QUESTIONS THAT HE MIGHT BE ABLE TO ANSWER THAT I CAN'T.

VERY GOOD.

FROM OR TO GC? MOTION TO APPROVE ALL.

SO, UM, MAY I GET CITY'S, UM, INPUT ON THIS? DO WE WANT TO CLOSE THIS PUBLIC HEARING AND THEN MOVE TO THE SUP OR SHOULD WE CONTINUE? OKAY, SO I CLOSE THE PUBLIC HEARING TO, UM, DO I, DO WE HAVE A RECOMMENDATION TO AMEND THIS ZONING MAP

[00:35:01]

ONE SECOND.

THOSE OPPOSED.

MOTION CARRIES.

WE MOVE ON TO ITEM

[c. Conduct a public hearing and consider a request for a Special Use Permit (SUP) to allow for a warehouse development in a General Commercial (GC) Zoning District, located at 7128 East Interstate Highway 10 (E IH 10), on approximately 46.4 acres of land.]

FIVE C.

CONDUCT A PUBLIC HEARING AND REQUEST A SPECIAL USE PERMIT TO ALLOW FOR A WAREHOUSE DEVELOPMENT AND GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 71 28 EAST HIGHWAY, EAST INTERSTATE, HIGHWAY 10 ON APPROXIMATELY FOUR OF THE 6.4 ACRES OF LAND.

YEAH, SO THIS IS, UH, AGAIN, UH, THE, UH, TEXT AMENDMENT WAS APPROVED BY, UH, CITY COUNCIL IN AUGUST 10TH, UH, OF THIS YEAR.

UH, TO ADD ONE MORE CONDITION TO WAREHOUSE USES IN GENERAL COMMERCIAL, AND THIS IS TO, UH, COMPLY WITH THIS CONDITION, THIS APPLICATION IS CONCURRENTLY GOING WITH THE, UH, ZONING MAP AMENDMENT, AND WE RECOMMEND APPROVAL, UH, WITH THE CONDITION.

SO THIS SUP IS ONLY WORKING FOR WAREHOUSE DEVELOPMENTS IN GC.

IF THE APPLICANT WOULD LIKE TO PURSUE SOMETHING ELSE THAT IT'S PERMITTED IN GC, THEY CAN, HOWEVER, FOR A WAREHOUSE DEVELOPMENT, THEY HAVE TO, UH, TO GO WITH THE SITE PLAN THAT THEY SUBMITTED TO US.

ANY QUESTIONS OR DISCUSSION? SO HERE, MOTION.

WHERE IS THIS THE SAME PROPERTY? EXCUSE ME, I'M SORRY.

IT IS.

YES, SIR.

SO WE JUST, UH, MADE A, UH, AN A RECOMMENDATION TO AMEND IT FROM OR TO GC.

AND NOW, UM, FOR A SPECIAL USE PERMIT, WHICH CITY COUNCIL APPROVED TO GO INTO GC THE GC ZONING MOTION TO APPROVE.

SECOND.

WE MOVE ON TO PUBLIC HEARING.

THOSE OPPOSED? THE MOTION CARRIES.

[d. Conduct a public hearing and consider a request to approve a Special Use Permit (SUP) for approximately 3.23 acres located at 2850 Ferry Road to allow for a funeral home with a crematorium within a General Commercial (GC) Zoning District.]

UH, FIVE D CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST TO APPROVE A SPECIAL USE PERMIT FOR APPROXIMATELY 3.23 ACRES, LOCATED AT 28 50 FERRY ROAD TO ALLOW FOR A FUNERAL HOME WITH A CREMATORIUM WITHIN A G GENERAL COMMERCIALS GC ZONING DISTRICT.

THANK YOU VERY MUCH.

UH, A LITTLE BIT OF CLARIFICATION ON THAT.

UH, THE PROPOSAL IS A CREMATORIUM.

UM, OUR ULDC JUST KIND OF LUMPS THEM, UH, TOGETHER.

UM, SO THIS USE IS ONLY FOR A CREMATORIUM AND THEN A SMALL, UM, UH, GATHERING SPACE AS AS WELL.

SO JUST A LITTLE BIT CLARIFICATION ON THAT.

UM, SO, UH, THE FIRST MAP YOU SEE, THIS IS THE LOCATION OF THE PROPERTY IN QUESTION.

IT'S JUST SOUTH OF THE CEDAR CREST, UH, CEMETERY.

UH, ON THE SAME PROPERTY AS THE MASONIC LODGE AND THE, UH, MASONIC LODGE, UH, HISTORIC CEMETERY.

THE SUBJECT PROPERTY IS ZONED, UH, LARGE, UH, I'M SORRY.

NO, UH, THE FUTURE LAND USE MAP CALLS FOR THIS, UH, TO BE, UM, LARGE SCALE COMMERCIAL.

AND THE ZONING, UM, UH, REFLECTS THAT WITH IT BEING A GENERAL COMMERCIAL ZONING, UM, DISTRICT.

UM, SO WHAT THEY'RE PROPOSING TO DO, AGAIN, IS TO ACTUALLY CREATE, UM, A, UH, CREMATORIUM ON THE SITE, UH, WOULD BE A RATHER SMALL SITE.

THE APPLICANT.

THERE'S BEEN SOME QUESTIONS WE'VE RECEIVED FROM, UH, THE PUBLIC OF HOW THE APPLICANT, UH, TIES IN WITH THE, THE DEED RECORD.

UM, THE APPLICANT IS THE OWNER OF, UH, D UH, I BELIEVE IT'S, UH, D AND E, UH, FUNERAL SERVICES.

UM, THEY'RE DOING BUSINESS AS, UH, DEER PARK FUNERAL, UM, SERVICES.

UM, AND SO THAT IS WHERE THE CONNECTION IS COMING FROM.

WE, WE HAVE GOTTEN SOME QUESTIONS FROM THE PUBLIC ABOUT THAT.

UM, AGAIN, THIS IS, UM, UH, THE DEED ALSO, UH, WOULD REQUIRE THAT THE, UH, APPLICANT WOULD HAVE TO, UH, MAINTAIN, UH, THE MASONIC LODGE CEMETERY.

UM, THAT WAS PART OF THE AGREEMENT THAT THE, UH, UH, THE MASONIC LODGE AND THE, UH, BUYER ENTERED INTO.

SO, UM, WE'VE ALSO HAD SOME CONCERNS ABOUT THAT AS WELL, OF HOW THAT ALL TIES TOGETHER.

UH, NOT REALLY GERMANE, UH, TO THE DISCUSSION HERE, BUT AGAIN, WE WANT TO ADDRESS IT BECAUSE WE'VE, WE'VE HEARD SOME CONCERNS ABOUT IT.

SO, UM, THE REASON WHY THIS REQUIRES AN SUP IS THAT OUR ORDINANCE, UH, REQUIRES, UM, THIS FOR, UH, AN SUP FOR ANY, UH, FUNERAL HOME OR, UH, CREMATORY USE WITHIN, UH, THE CITY.

SO, UM, THAT IS WHY, AND AGAIN, UH, STAFF DOES RECOMMEND APPROVAL OF THIS.

UM, IF NO ONE IS SIGNED UP TO SPEAK, I'LL CLOSE THIS PUBLIC HEARING.

ANY I HAVE QUESTIONS OR DISCUSSION? SORRY.

WHERE DOES THIS FALL IN THE FLOOD ZONE? THAT, 'CAUSE I KNOW THIS BLOOD'S TERRIBLE.

YEAH, SO IT IS WITHIN THE AE ZONE, SO THEY WILL HAVE TO, UM, OBTAIN A FLOOD DEVELOPMENT PERMIT FOR THIS SITE IN ORDER TO DO THAT.

LEMME PULL THAT UP HERE REAL QUICK.

[00:40:39]

BUT IT'S NOT WITHIN THE FLOODWAY.

SO THEY ARE, THEY ARE PERMITTED TO DO IT.

THEY WILL NEED TO BRING IT UP OUT OF THE, UH, BASE FLOOD ELEVATION ON THAT SITE.

I'D LIKE TO MOVE FOR APPROVAL.

I'LL SECOND ALL THOSE IN FAVOR OF THE SPECIAL USE PERMIT, YOU SAY? AYE.

AND WE ARE TO ITEM SIX AND OUR DIRECTOR IS HERE.

THOSE OPPOSED? THE MOTION CARRIES.

THANK YOU RYAN.

[a. Receive a report from the Planning Director.]