Oct 10, 2023 BOARD OF ADJUSTMENT

ROLL, PLEASE.

YES,

[00:00:01]

JEFF? HERE.

BECKY HERE.

MARK

[1. CALL TO ORDER AND ROLL CALL]

YEAH.

THANK YOU.

[2. MINUTES]

ITEM NUMBER TWO IS CONSIDER APPROVING THE MEETING MINUTES OF THE JULY 11TH, 2023 BOARD OF ADJUSTMENT REGULAR MEETING.

MOVE TO APPROVE A SECOND.

HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR? APPROVING THE MEETINGS, SAY AYE.

AYE.

AYE.

AND OPPOSED.

[a. Conduct a public hearing and consider an appeal of the text interpretation of the Planning and Development Services Director regarding the definition of "Parking, Commercial" in the Unified Land Development Code.]

AGENDA ITEM NUMBER THREE, AN APPEAL.

I'M GOING TO READ, UM, READ THE PUBLIC HEARING PROCEDURES FIRST.

I WILL READ THIS FOLLOWING ONE TIME, AND IT APPLIES TO ANY AND ALL 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 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 OF PERSONS 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.

NO QUESTIONS.

ALL RIGHT.

THEN WE'LL PROCEED THEN WITH THE AGENDA ITEM, CONDUCT A PUBLIC HEARING, AND CONSIDER AN APPEAL OF THE TEXT INTERPRETATION OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR REGARDING THE DEFINITION OF PARKING COMMERCIAL IN THE UNIFIED LAND DEVELOPMENT CODE.

SIR, THANK YOU FOR THE RECORD.

MARTIN SCRIBNER, DIRECTOR OF PLANNING OF DEVELOPMENT SERVICES.

UM, CAN YOU JUST, UH, A BRIEF, UH, I HAVE MY CLIENT SIGNING IN OUT HERE, AND THERE'LL BE RIGHT IN FOR THIS ISSUE.

ARE READY GUYS? IT WAS COASTED IN THE ROOM.

THAT'S PROBABLY WHERE THEY WERE.

OKAY.

I'LL GO AHEAD AND GET STARTED HERE.

UM, AS YOU REMEMBER, SO SOME OF YOU'LL RECOGNIZE THIS ITEM BECAUSE WE DID HEAR THIS BACK IN JUNE.

UM, I'LL KIND OF HIT THAT IN A LITTLE BIT, BUT YES, YOU HAVE HEARD THIS ITEM BEFORE, IF YOU WERE ON THE BOARD IN JUNE, UM, AND, UM, WE'RE, I'LL, I'LL HIT THE REASONS FOR THAT IN A LITTLE BIT.

SO, UM, AS WAS MENTIONED, WHAT THIS IS, IS BASICALLY AN APPEAL OF THE DIRECTOR ME, OF MY INTERPRETATION OF THE ULDC.

UH, THE DEFINITION FOR PARKING, COMMERCIAL OR CO I'M JUST GONNA REFER TO IT AS COMMERCIAL PARKING FROM HERE, FROM HERE OUT.

UM, SO IN THE CITY CODE, UM, THERE ARE A COUPLE OF REASONS, AGAIN.

SO I ALWAYS TRY TO REMIND YOU GUYS THERE'S TWO REASONS WHY THIS BOARD MAY HA HEAR AN APPEAL THAT IS EITHER THERE, THERE, SOMEBODY THINKS THERE WAS AN ERROR MADE BY SOMEBODY ON STAFF, OR THERE IS AN INTERPRETATION OF THE TEXT OF OUR ZONING REGS THAT COULD GO ONE WAY OR ANOTHER AND MAY HAVE MORE THAN ONE REASONABLE, UM, UM, INTERPRETATION.

SO TODAY WE'RE HERE BECAUSE OF AN INTERPRETATION.

SO THAT'S WHAT WE'RE ASKING YOU TO, UM, TO DECIDE ON.

SO A LITTLE BIT OF BACKGROUND, EARLIER THIS YEAR, OUR APPLICANT SPOKE TO STAFF ABOUT THE POTENTIAL OF SOME COMMERCIAL PARKING FACILITY, UM, FOR SEMIS THAT WOULD BE AT THE SOUTHEAST CORNER OF LEE DRIVE AND TRAVIS STREET.

THIS WAS ZONED AS GENERAL COMMERCIAL OR GC.

UM, I ONLY GIVE YOU THE, UH, THE LOCATION FOR CONTEXT BECAUSE THE APPEAL TODAY IS NOT SPECIFICALLY TIED TO THAT PROPERTY.

SO WHAT WE'RE TALKING ABOUT IS AN OVERALL INTERPRETATION OF SOMETHING IN THE CODE.

BUT FOR CONTEXT, WE'LL KIND OF COME BACK TO THAT.

UM, I DID MAKE A DETERMINATION THAT THIS USE IS NOT ALLOWED IN THE GC ZONE, AND THEN THERE WAS AN APPEAL IN JUNE THAT INTERPRETATION.

THE ORIGINAL INTERPRETATION WAS UPHELD BY THIS BOARD.

UM, WE HAVE REASON TO BELIEVE THERE MAY HAVE BEEN AN ERROR IN SOME OF OUR, UM, CLERICAL SIDE OF THINGS.

SO IN ORDER TO MAKE SURE THAT DUE PROCESS IS, UH, IS UPHELD, WE DECIDED THAT THE BEST, UH, THE BEST WAY TO TAKE CARE OF THAT WAS TO GO AHEAD AND REHEAR IT.

SO THAT'S WHY WE'RE HERE TODAY.

SO HERE'S THE PROPERTY THAT I MENTIONED EARLIER AT CORNER OF TRAVIS AND LEE DRIVE.

THAT IS, UM, YOU REMEMBER HOW MANY ACRES THAT PROPERTY IS? NONE AT ALL.

IT'S NINE ACRES.

UM, AND IT IS, AS YOU CAN SEE, THERE'S QUITE A BIT GOING ON THERE.

IT'S JUST NORTH OF 1 46.

IT IS, AS YOU SEE ON THIS ZONING MAP, IT IS ZONE GENERAL COMMERCIAL WITH, UM, SOME RESIDENTIAL AND MIXED USE AROUND IT, AS WELL AS SOME OTHER RES UH, GENERAL COMMERCIAL AND ACROSS LEAD DRIVE IS A LITTLE BIT OF INDUSTRIAL AS WELL.

THIS IS WHAT THAT SITE PLAN THAT WAS TURNED INTO US, THAT WAS CONSIDERED FOR THIS, UM,

[00:05:01]

UM, AND SO AGAIN, SO I JUST WANT YOU TO KEEP THIS IN MIND AS, AS I WALK THROUGH THE DEFINITION OF COMMERCIAL PARKING AND WHERE THE INTERPRETATION WENT.

SO AGAIN, NOT TIED TO THIS PROJECT, BUT THIS IS WHAT, UM, STARTED THE, THE BALL ROLLING.

SO IN OUR DEFINITIONS, UM, COMMERCIAL PARKING IN THE ULDC IS DEFINED AS A PARCEL OF LAND OR A STRUCTURE FOR TEMPORARY PARKING OF VEHICLES FOR A FEE.

SO KEEP THAT IN MIND AND THAT AS I THINK, UM, MOST OF US HAVE A SET IN MIND, SOMETHING THAT, THAT, UM, WHERE WE'VE SEEN IT'S DOWNTOWN PARKING IN A PAID PARKING LOT.

IT'S AT A HOSPITAL OR A MALL OR SOMETHING WHERE YOU HAVE TO PAY, OR AT THE AIRPORT WE HAVE TO PAY FOR YOUR PARKING.

SO IT COULD ALSO INCLUDE A STRUCTURE, UH, AND THE, IT DOESN'T INCLUDE DELIVERY OF ITEMS. SO THAT'S JUST PARTS OF THE DEFINITIONS.

SPECIFICALLY.

SEMI-TRUCK ISN'T REALLY DEFINED BY CODE.

IT'S NOT IN THERE.

UM, WE WILL COME BACK TO THAT AS WELL AS PART OF THE DETERMINATION.

WE ALSO LOOKED AT THE PURPOSE FOR A GENERAL ZONING DISTRICT IN THE ULDC, A GENERAL ZONE, A GENERAL COMMERCIAL IS INTENDED TO PROVIDE FOR SEVERAL DIFFERENT USES.

A MIX OF USES LIKE OFFICES AND RETAIL AND RESTAURANTS AND SHOPS AND THINGS LIKE THAT.

PERSONAL, PERSONAL SERVICES SUCH AS SALONS OR, OR THINGS LIKE THAT.

UM, AND THEN ANY RELATED USES THAT ARE MIXED EITHER INSIDE BUILDINGS OR WITHIN, UH, WITHIN A COMPLEX HORIZONTALLY.

THE USES IN THIS DISTRICT ARE GENERALLY CONDUCTED INSIDE THE BUILDINGS, BUT CAN INCLUDE SOME OUTDOOR DISPLAY OR STORAGE OF MATERIALS IF THEY'RE SCREENED IN, IN A CERTAIN FASHION.

THE GC DISTRICT CAN ALSO BE USED SORT OF AS A TRANSITION BETWEEN MORE INTENSIVE DISTRICTS AND LESS INTENSIVE DISTRICTS.

SO IF YOU HAVE, THE EXAMPLE HERE IS SOME LIGHT INDUSTRIAL, AND THEN YOU'D PUT, UH, A COMMERCIAL, GENERAL COMMERCIAL ZONE IN BETWEEN THAT AND SOMETHING THAT MIGHT BE LIKE A MULTIFAMILY OR, OR ANOTHER RESIDENTIAL DISTRICT, UH, OR ALONG A MAIN QUARTER LIKE GARTH OR MAIN.

SO WE'RE GONNA TALK ABOUT THE LAND USE TABLE BECAUSE THAT IS KIND OF AT THE HEART OF, OF WHERE WE START TALKING ABOUT WHETHER THIS IS ALLOWED IN GC OR NOT.

SO THE LAND USE TABLE, UM, HAS A ROW ACROSS THE TOP THAT LISTS OUT THE LAND USE OR, OR EXCUSE ME, THE ZONING DISTRICT.

SO YOU SEE M-U-N-S-C, GC IS THE ONE THAT'S THE RIGHT IN THE MIDDLE, UM, THAT'S THE ONE WE'RE TALKING ABOUT.

AND THEN DOWN THE LEFT SIDE, THERE IS THE LISTINGS OF ALL OF THE USES THAT WE HAVE ANTICIPATED.

UH, WHETHER AND, AND IT'S NOT ALL INCLUSIVE, AND THAT THAT BECOMES PART OF THE PROBLEM SOMETIMES.

SO IN THIS CASE, UH, COMMERCIAL PARKING IS LISTED AND YOU SEE A P UNDER GC P MEANS IT'S A PERMITTED USE.

IF IT HAD A PC, IT WOULD BE PERMITTED WITH CONDITIONS, AND THEN THERE WOULD BE A CONDITION, UH, REFERENCED OVER TO THE RIGHT.

WHAT YOU CAN SEE IS UNDER GC, THERE'S A P.

SO COMMERCIAL PARKING IS ALLOWED.

SEMI-TRUCK PARKING.

WE HAVE INTERPRETED TO BE A DIFFERENT ANIMAL.

IT IS A DIFFERENT THING.

AND AGAIN, WE'LL KIND OF COME BACK TO THAT.

IT IS NOT LISTED IN THE TABLE.

THERE IS A FOOTNOTE TO THE TABLE THAT SAYS IF NEITHER A P OR A PC IS LISTED, OR IF THE USE IS NOT LISTED AT ALL, THEN THE USE IS NOT ALLOWED.

SO AGAIN, THIS KIND OF COMES BACK TO IS UH, IS A SEMI-TRUCK PARKING, IS IT INCLUDED UNDER THE DEFINITION OF COMMERCIAL PARKING? SO THERE ARE A COUPLE OF SIMILAR USES THAT ARE DEFINED.

THIS IS NOT TO SAY THAT THAT'S WHAT THIS IS.

AGAIN, I'M TRYING TO PROVIDE CONTEXT AND SOMETHING THAT YOU CAN COMPARE TO.

SO WE DO HAVE TWO OTHER USES THAT ARE DEFINED IN THE CODE.

SPECIFICALLY.

THERE'S A TRUCK STOP, WHICH IS EXACTLY WHAT YOU IMAGINE A TRUCK STOP TO BE.

THERE'S A GAS STATION WITH LOTS OF TRUCK PARKING, IT MIGHT HAVE OVERNIGHT PARKING, RESTAURANTS, UH, CONVENIENCE STORE, SLEEPING QUARTERS, COULD HAVE SHOWERS, THOSE SORTS OF THINGS.

UM, AND THEN THERE'S A TRAVEL CENTER.

THE TRAVEL CENTER IS MAINLY THE SAME THING, BUT IT MAY HAVE LESS OF A TRUCK FOCUS TO IT.

SO IT WOULD NOT HAVE OVERNIGHT PARKING, IT WOULD NOT HAVE SHOWERS AND VEHICLE WASHING AND REPAIRS AND STUFF LIKE THAT.

SO, UM, SO KIND OF SIMILAR, UM, BUT, BUT A LITTLE BIT DIFFERENT, A LITTLE BIT DIFFERENT IMPACT.

SO AGAIN, THOSE ARE FOR CONTEXT, THOSE ARE FOR COMPARISON AS YOU START TO THINK THROUGH THIS.

SO WHEN WE ARE LOOKING AT THIS AND TALKING THROUGH IT, UM, THE, THE CODE DOES NOT SPECIFICALLY INCLUDE A DEFINITION OF SEMI-TRUCK PARKING.

I MENTIONED THAT BEFORE.

[00:10:01]

IT IS NOT, IT IS A, A SIGNIFICANTLY LESS INTENSE NATURE THAN THE PARKING LOT THAT WAS DESIGNED SOLELY FOR SEMI-TRUCK, WHICH IS WHAT I SHOWED YOU EARLIER.

IT'S A DIFFERENT IMPACT.

IT'S A DIFFERENT IMPACT TO THE NEIGHBORS, UM, IN TERMS OF NOISE, IN TERMS OF POSSIBLE SMELLS AND LIGHTS AND THINGS LIKE THAT.

UM, CONSIDERING THAT IMPACT INHERENT TO THIS TYPE OF USE, WE SEE THIS AS A CLASSIFICATION ALL ON ITS OWN.

THE LAND USE TABLE DOESN'T SPECIFICALLY LIST SEMI-TRUCK PARKING AS A PERMITTED USE.

SO THEREFORE, ACCORDING TO ULD SECTION 2.09, IT IS THEREBY PROHIBITED.

AND THAT IS THE STANCE THAT STAFF HAS TAKEN.

THIS IS NOT A PERMITTED USE IN AND OF ITSELF.

SO THE STAFF RECOMMENDATION IS TO UPHOLD THE DIRECTOR'S OFFICIAL INTERPRETATION.

SEMI-TRUCK PARKING IS NOT INCLUDED IN THAT DEFINITION OF PARKING.

COMMERCIAL IS THEREFORE NOT ALLOWED IN THE GC ZONE EXCEPT WHERE A TRUCK STOP IS ALLOWED BECAUSE THAT'S KIND OF, AGAIN, THAT'S AN ACCESSORY TO THE TRUCK STOP.

SO, UM, WITH THAT, UH, I BELIEVE OUR APPLICANT IS HERE, BUT I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

ANY QUESTIONS BOARD MEMBERS AT THIS POINT OR MR. SCRIBNER? SO, MARTIN, DO WE HAVE A SPECIFIC AREA WHERE TRUCK STOPS ARE ALLOWED? WE DO, UM, IN THE CODE, IT LISTS OUT, I'M TRYING TO REMEMBER, WITHIN A CERTAIN DISTANCE OF I 10 AND THOMPSON ROAD.

SO IF YOU'VE BEEN THROUGH THAT AREA WHERE I GUESS BAYWAY TURNS INTO THOMPSON, THAT AREA HAS TRUCK STOPS RIGHT THERE.

THAT'S THE ONLY PLACE IN TOWN YOU CAN HAVE.

AND, AND AGAIN, I'LL MAKE IT REALLY CLEAR WHAT IS BEING, WHAT WHAT HAS BEEN PROPOSED BY THE APPLICANT IS NOT CONSIDERED A TRUCK STOP.

RIGHT.

ANY OTHER QUESTIONS? WELL, THERE'S GONNA BE ON THE CORNER, A TRAVEL CENTER, IS THAT RIGHT? ON THAT LOCATION? RIGHT NEXT TO IT? RIGHT NEXT TO ON LEAD.

I'M USING LEAD DRIVE, LEAD AND TRAVIS EXAMPLE, THERE'S A GAS STATION TO THE SOUTH OF IT THAT EXISTS THAT I BELIEVE ALLOWS SOME TRUCK PARKING.

I DON'T THINK IT'S FOR PAY, BUT I, I COULDN'T, I COULDN'T SAY FOR SURE.

THAT'S A GUESS.

UM, AND THAT IS A USE THAT'S BEEN THERE FOR A WHILE.

SO THAT'S, I'M NOT ADDRESSING THAT ONE TODAY.

UM, WAIT, AND I, I THINK I'D ALSO LIKE TO ADD, WE DO RECOGNIZE THAT THERE IS A NEED FOR SUCH A USE IN THE CITY NOW, BUT IN THE GC ZONE WOULD NOT BE A PLACE WHERE WE WOULD, WHERE WE WOULD ANTICIPATE THAT BEING ALLOWED.

SO, UM, WE DO WANNA LOOK AT THE CODE AND BECAUSE IT HAS COME UP MORE THAN ONCE RECENTLY, WE DO WANNA LOOK AT THE CODE AND PROVIDE FOR A GOOD PLACE FOR THAT TYPE OF OF USE, ESPECIALLY CONSIDERING ALL THE INDUSTRIAL USES THAT WE HAVE IN TOWN AND ON THE EDGES OF TOWN.

BUT AGAIN, AS OF RIGHT NOW, IT'S NOT INCLUDED IN THE CODE.

AND SO THAT'S KIND OF WHERE WE'RE, WE'RE, UH, RESTING ON.

ANY OTHER QUESTIONS? ALRIGHT THEN.

THANK YOU MR. SCRIBNER.

WE'LL MOVE ON THEN TO OUR PUBLIC HEARING PART OF, UM, TODAY'S AGENDA.

WE HAVE FIVE PEOPLE REGISTERED TO SPEAK ON THIS ISSUE, STARTING WITH BIFF COLE.

WE'RE ACTUALLY GONNA, OH, YOU'RE ALL EXCUSE THEN.

LET ME MAKE SURE THAT I UNDERSTAND WHAT'S GONNA HAPPEN.

TWO, ARE ALL THE KOHLS AND ALL THE BARBERS GOING TO? NO.

NO.

OKAY.

JUST WE'LL HAVE TWO.

TWO, OKAY.

ALL RIGHT.

I'VE GOTTA WATCH OUR TIME HERE.

SO WILL YOU TELL US YOUR NAME AND, UM, WHAT INTEREST YOU'RE YOU HAVE TODAY? UH, YES MA'AM.

MY NAME IS BRANDON SHELTER.

I'M AN ATTORNEY WHO'S BEEN HIRED TO REPRESENT MR. COLE AND CRB CONSTRUCTION, UH, REGARDING THIS ISSUE, UH, WHAT I WOULD LIKE TO DO IS, UH, SHARE SOME TIME WITH MR. COLE WITH THE OBJECTIVE TO GIVE HIM A LITTLE BIT, UM, FOR HIM TO GIVE YOU GUYS A LITTLE BIT OF BACKGROUND ABOUT WHAT THE PLAN IS.

I WOULD LIKE TO FOLLOW UP WITH THAT AND LET YOU KNOW WHY THEY ARE IN COMPLIANCE WITH THE CODE AND WHY WE ARE PUTTING CONDITIONS ON A SECTION OF THE CODE THAT DOES NOT HAVE A CONDITION PRECEDENT.

UH, SO MR. COLE, IF YOU WOULD, I DON'T HAVE THE BENEFIT OF THE, UH, THE SCREEN.

SO I, I'LL ASK Y'ALL TO SHARE THESE AND I'LL TRY TO EXPLAIN THEM AS, AS BEST I CAN.

DO YOU WANT ME TO PULL UP A MAP FOR YOU? I, I'LL GO WITH THE HIGHLIGHTS ON .

THE WHERE IT SAYS LEAH TRAVIS IS, IS EXCUSE THE PROPERTY THAT WE CURRENTLY OWN.

I NEED YOU TO SPEAK IN THE MICROWAVE FOR ME, PLEASE.

UH, MY NAME AGAIN IS BIFF COLE.

THANK

[00:15:01]

UH, YOU'LL SEE WHERE IT SAYS LEE AND TRAVIS.

THAT'S OUR NINE ACRES, UH, ROUGHLY OUTLINED, UH, SOMETHING WANNA POINT OUT TO YOU THAT, THAT I JUST THOUGHT OF AS, UH, MR. SCRIBNER WAS SPEAKING.

IF YOU'LL LOOK DIRECTLY TO THE SOUTH, THE, UH, AREA THAT APPEARS IN WHITE RIGHT HERE, UH, IN DEFERENCE TO WHAT, UH, WHAT WAS JUST SAID, I, I CONSIDER THAT A TRUCK STOP.

THEY DO PARK OVERNIGHT.

THEY DO PARK FOR A FEE.

THEY PROVIDE ALL THE THINGS THAT ARE LISTED UNDER WHAT TRUCK STOPS DO.

SO THERE IS A TRUCK STOP THERE.

FURTHERMORE, THIS AREA, THIS ENTIRE AREA, WHICH IS LARGER THAN THE, THAN OUR AREA, HAS TRUCKING NIGHT AND DAY.

IT HAS, UH, CONTAINERS, VESSELS, UH, UH, ROLL OFF CONTAINERS.

THERE ARE HUNDREDS OF THEM OVER THERE.

THERE'S NO PAVING.

IT'S DUSTY.

IN EVERY SCHEME THAT WE'VE TRIED TO IMPLEMENT IN THIS PROPERTY THAT WE'VE OWNED FOR THREE YEARS AND CAN'T DO ANYTHING WITH, THEY HAVE REQUIRED US TO LANDSCAPE IT LIKE IT'S, UH, DOWNTOWN RIVER OAKS.

WE'VE GOTTA PUT A, HEY, I'M JUST FOLLOWING THIS LIKE IT IS, WE'RE REQUIRED TO PUT AN OPAQUE 100% OPAQUE FENCE AROUND THE ENTIRE PROPERTY, NONE OF WHICH EXISTS HERE, OR THE INDUSTRIAL PART HERE, OR AT THIS TRUCK.

STOP.

SO IT IT, WE ALREADY STARTED OUT BEHIND THE EIGHT BALL, UH, WITH AN ONEROUS PROJECT ALSO IN DEFERENCE TO, UH, TO MR. SCHREIBER'S INTERPRETATION IN BOTH THE CITY'S, UH, ZONING ORDINANCE PACKET AND THE DEVELOPMENTAL PACKET.

IT SAYS, OUR PROPERTY IS FREE TO DO COMMERCIAL PARKING WITHOUT CONDITIONS.

IT SAYS VEHICLES.

SO IF YOU SAY, WELL, IT DOESN'T SAY TRUCKS AND TRUCKS AREN'T SPECIFICALLY, UH, DESIGNATED.

IT DOESN'T SAY ANYTHING ABOUT CARS, MOTORCYCLES, BICYCLES, OR TRICYCLES.

SO WHAT THE HECK CAN YOU PARK THERE? IF BY THE CITY'S DEFINITION YOU CAN'T PARK THERE, NONE OF THAT IS SPECIFICALLY LISTED.

WE HAVE TRIED TO, UH, I'M GONNA GIVE YOU A LITTLE HISTORY WHERE SAN JACINTO ELEMENTARY SITS RIGHT DOWN THE STREET.

THAT BEAUTIFUL NEW ELEMENTARY SCHOOL, THAT'S WHERE WE WERE HAPPILY LOCATED, OUR CONSTRUCTION BUSINESS OPERATED THERE.

WE WERE GOOD CITIZENS.

WE WERE GOOD NEIGHBORS.

UH, AND GOOSE CREEK, ISD CAME BY AND SAID THEY WANTED TO BUILD A SCHOOL HERE.

WELL, CAN'T FIGHT CITY HALL.

SO WE MADE A DEAL WITH HIM AND WOUND UP WITH THIS PROPERTY, WITH THE PROVISO THAT THE CITY OF BAYTOWN WAS ON BOARD TO STREAMLINE, UH, PERMITTING PROCESS FOR US TO BUILD SOMETHING.

AND WE STARTED OUT WITH A PLAN TO BUILD OUR OFFICE AND BOAT AND RV STORAGE, WHICH SEEMED LIKE A, A WONDERFUL FIT SINCE YOU JUST SPENT A FORTUNE REDOING THE BAYLAND PARK FACILITY.

WE THOUGHT THERE'S NOTHING LIKE THIS AROUND THERE.

WE'LL PARK INDOOR, UH, PARKING, AND YOU WOULD'VE THOUGHT THAT WE WANTED TO SMOKE IN THE MOVIE THEATER.

WHEN WE PRESENTED THE, UH, THAT IDEA, IT, IT, IT DIDN'T CATCH MUCH WIND.

AND WE HAD AGREEMENTS.

I'VE GOT A LIST OF PEOPLE THAT WE HAD AGREEMENTS WITH, NATHAN, FRED, NAMES THAT PEOPLE AROUND HERE KNOW I DEALT WITH FOUR DIFFERENT PLANNERS AND HAD HANDSHAKE AGREEMENTS.

HERE'S THE DIRECTION WE'RE GOING, AND NOW, NOW WE ALL, ALL WE GOTTA WORK OUT IS THE FINE PRINT.

THEN COVID HIT THE COST OF CONSTRUCTION DOUBLED.

AND WE COULDN'T AFFORD TO DO A BOAT AND RV STORAGE ANY LONGER.

IT DIDN'T, IT, IT WON'T CASH FLOW.

WE WERE INITIALLY TIED TO A HUNDRED YEAR FLOODPLAIN.

THEY CHANGED THAT MIDSTREAM TO A 500 YEAR FLOODPLAIN, WHICH MEANT THAT THE SIZE OF OUR RETENTION POND WAS EXPANDED.

THE ELEVATION OF OUR WHOLE PROPERTY HAD TO BE RAISED A COUPLE OF MORE FEET.

AND IT JUST MADE IT, THERE WASN'T ENOUGH ROOM TO GET ENOUGH STORAGE TO GENERATE ENOUGH REVENUE TO MAKE IT WORK.

SO THIS WAS, UH, AFTER THREE YEARS OF TRYING TO FIGURE OUT HOW TO GENERATE REVENUE OFF OF THIS PROPERTY, WE CAME TO THE TRUCK PARKING.

THERE IS A NEED FOR IT.

MARTIN'S EXACTLY RIGHT.

AND THEY'RE DOING IT EVERYWHERE.

NOBODY WANTS IT IN THEIR BACKYARD.

BUT YOUR OWN RULES SAY WE CAN DO IT.

IT'S SIMPLE.

IT'S, IT IS, IT IS IN BLACK AND WHITE.

WE PLAN AGAIN, WE'RE GOOD CITIZENS.

WE'RE NOT GONNA COME IN AND TRASH THE CITY OF BAYTOWN.

WE'RE JUST NOT GONNA DO IT.

MY MY WIFE'S PEOPLE ARE FROM HERE.

UH, WE WANNA BE GOOD CITIZENS, BUT WE HAVE A RIGHT TO

[00:20:01]

ADDITIONALLY, IN ONE YEAR, THE VALUE OF THAT PROPERTY HAS GONE FROM 600,000, WHICH IS ABOUT DOUBLE WHAT WE PAID FOR IT TO 1,000,003 IN ONE YEAR.

IT'S MORE THAN DOUBLED.

ARE YOUR HOUSES WORTH MORE THAN DOUBLE WHAT YOU, WHAT THEY WERE LAST YEAR? MINE ISN'T, ESPECIALLY NOT COMMERCIAL PROPERTY, YOU CAN'T USE, WE'RE STUCK BETWEEN A ROCK AND A HARD PLACE.

WE CAN'T EVEN, WE CAN'T EVEN GO AND BORROW MONEY AGAINST IT BECAUSE THE BANKS WON'T LOAN MONEY ON RAW LAND.

WE'RE STUCK AND WE'RE LOOKING FOR SOME RELIEF.

WE'LL, UH, WE'LL BE A GOOD NEIGHBOR.

WE'LL, UH, THE RETENTION POND THAT WILL GO IN THAT FACILITY WILL GIVE US A, A LARGE BUFFER BESIDES THE OPAQUE FENCING AND THE LANDSCAPING THAT WE'RE REQUIRED TO DO.

WE'LL BE A LONG WAY FROM THE, FROM THE NEIGHBORS, AND WE'LL BE GOOD NEIGHBORS.

AND I THANK YOU FOR YOUR TIME.

AND JUST A BRIEF FOLLOW UP, OBVIOUSLY, UH, THIS IS AN EMOTIONAL, UH, THING FOR CRB.

THEY'VE INVESTED A LOT OF TIME AND EFFORT INTO IT.

THEY'VE BEEN IN THE AREA FOR OVER 40 YEARS, UH, AND WANT TO KEEP HELPING BRING INCOME AND, UH, TAX REVENUE INTO THE CITY.

NOW, WHAT I'VE BEEN ASKED TO SPEAK ABOUT TODAY, UH, IS MORE SO EXACTLY WHAT IS IN, UH, THE ULDC, WHICH IS THE GOVERNING CODES.

AND IT'S SIMPLE, IT'S STRAIGHTFORWARD.

UM, AND I AGREE WITH EVERY SINGLE DEFINITION, UH, THAT THE CITY HAS PUT ON TODAY.

UM, I KIND OF WANNA STEAL HIS POWERPOINT, BUT I DON'T WANNA MESS IT UP AT THE SAME TIME.

IF WE START WITH ARTICLE FIVE, THE ULDC, WE HAVE A DEFINITION FOR COMMERCIAL, UH, FOR PARKING COMMERCIAL.

AND THAT MEANS, UH, PARKING COMMERCIAL MEANS A PARCEL OF LAND OR STRUCTURE USED FOR TEMPORARY PARKING.

KEYWORD OF VEHICLES FOR A FEE WHICH MAY BE CHARGED REGARDLESS OF ANY OTHER FEE FOR THE PREMISE VEHICLES IS WHAT IS THE PLAIN LANGUAGE, MEANING SECTION 2.04 OF THE ULDC PROVIDES THE FOLLOWING DESCRIPTION OF THE GENERAL COMMERCIAL ZONING DISTRICT.

AND I'LL, I, I KNOW IT'S HARD TO READ THROUGH, BUT THE LANGUAGE OF WHAT IS PLAIN TEXT, UH, WE GOTTA GET THAT ACROSS.

GENERAL COMMERCIAL OR GC.

THE DISTRICT IS INTENDED TO PROVIDE A VARIETY OF SERVICES, A VARIETY OF USES SUCH AS INCLUDING OFFICE, RETAIL, PERSONAL AND COMMERCIAL SERVICES, AND RELATED USES THAT ARE MIXED WITHIN BUILDINGS EITHER VERTICALLY AND OR HORIZONTALLY.

USES IN THE DISTRICT ARE GENERALLY CONDUCTED WHOLLY WITHIN THE ENCLOSED BUILDING, BUT MAY INCLUDE OUTDOOR DISPLAY MERCHANDISE, STORAGE OF MATERIALS.

THE GC DISTRICT MAY BE USED AS A TRANSITIONAL DISTRICT BETWEEN MORE INTENSIVE NON-RESIDENTIAL DISTRICTS.

EXAMPLE, LIGHTING, INDUS, LIGHT, INDUSTRIAL, AND HIGHER DENSITY RESIDENTIAL DISTRICTS.

AND OR AS THE PRIMARY DISTRICT FOR SUCH CORRIDORS AS GARTH ROAD OR MAIN STREET.

THIS PROPERTY IS IN THE GENERAL COMMERCIAL ZONE FOR THE CITY.

IF WE LOOK AT SECTION 2.09 OF THE ULDC, UH, SECTION 2.09 SETS FORTH THE LAND USE.

THE LAND USES ALLOWED IN EACH ZONING DISTRICT ARE DEPICTED INTO TWO TABLES.

THOSE TABLES ARE P UH, THOSE TABLES.

A P DENOTES THAT IT IS, THAT THE USE IS PERMITTED IN THE DISTRICT.

AND PC DENOTES THAT THE USE IS PERMITTED WITH CONDITION.

THE FOLLOWING LANGUAGE IS ALSO PROVIDED AT THE BEGINNING OF THIS SECTION WHERE NEITHER A P NOR A PC EXISTS IN THE TABLE.

THE USE IS PROHIBITED.

SO HERE'S WHERE WE GOTTA LOOK AT THE PLAIN TEXT OF WHAT'S GOING ON.

THIS SPECIFIC PIECE OF PROPERTY IS IN A GENERAL COMMERCIAL DISTRICT, MARKED P NOT PC.

PC HAS A CONDITION, P DOES NOT.

THE COMMERCIAL PARKING IS ALLOWED IN A, IN A GENERAL COMMERCIAL WITH A,

[00:25:01]

AGAIN, WE GO BACK TO THE PARKING OF COMMERCIAL VEHICLES.

ALL IT SAYS IS A VEHICLE.

THERE IS NO DEFINITION FOR SEMI TRACTOR TRAILER OR ANYTHING LIKE THAT.

PERIOD, END OF STORY.

THAT'S WHERE THAT, THAT'S EXACTLY WHERE WE SHOULD ALLOW THIS PERMIT TO GO THROUGH PLAIN LANGUAGE VEHICLE.

COULD BE A BOAT, COULD BE AN RV, COULD BE A BIKE, COULD BE AN 18 WHEELER, MAYBE IT COULD BE AN AIRPLANE.

I DON'T KNOW.

UM, IT IS NOT GOING TO BE SET UP LIKE A FUEL STATION, LIKE A BUCKY'S OR A LOVE OR LOVE'S OR ANYTHING LIKE THIS.

UH, PEOPLE AREN'T GONNA BE PARKING 18 WHEELERS THERE AND CAMPING OUT WITH THE ENGINES ON OVERNIGHT.

UH, AND I, AND I, CORRECT ME IF I'M WRONG, I BELIEVE THE INTENT BEHIND THIS IS FOR THE, UH, HARD WORKERS THAT ARE DRIVING UP HERE TO THE PORT OF HOUSTON TO HAVE A PLACE TO PARK THEIR TRUCK OVERNIGHT, HOP IN IT BEFORE THEY GO WAIT IN A FOUR HOUR LINE TO GET THEIR ONE LOAD.

UM, REGARDLESS OF THAT, THIS IS EXACTLY THE SAME TYPE OF PARKING THAT YOU WOULD EXPECT TO SEE.

UH, PER THE GENTLEMAN BEHIND ME'S ARGUMENT.

AS A DOWNTOWN PARKING, YOU DRIVE YOUR VEHICLE DOWNTOWN.

WHERE DOES THE TRACTOR TRAILER PARK WHEN THEY COME DOWNTOWN? WHERE DOES THE, UM, THE SPORTS BUSES FOR THE DIFFERENT SPORTS PARK WHEN THEY COME DOWNTOWN, THEY PARK IN THE METERED LOTS, UH, JUST LIKE EVERYONE ELSE.

NOW THEY TAKE UP MORE SPACE, OF COURSE, BUT THAT'S NOT THE FACT, NOT, IT'S NOT THE POINT.

UM, WHAT THE CITY IS TRYING TO DO BY ADDING A DEFINITION OF A SEMI-TRUCK IS THEY'RE TRYING TO ADD A CONDITION TO A ZONED AREA THAT DOES NOT HAVE A CONDITION PRECEDENT.

AND SO WE'RE PUTTING A CONDITION ON A P INSTEAD OF A PC ZONE.

UH, WE JUST GOTTA FOLLOW THE RULES OF THE PLAIN TEXT OF HOW IT'S WRITTEN.

UM, IN A LESS DESIRABLE STANDPOINT, OUR CLIENTS ARE WILLING TO PUSH FORWARD THROUGH THIS.

SHOULD THIS BE DENIED? UH, AGAIN, THIS IS, UH, LITIGATION IS A TOOL OF LAST RESORT.

IT IS NOT WHAT WE WANT TO DO.

UH, HOWEVER, UH, MY CLIENT HAS SPENT CONSIDERABLE TIME, MONEY, AND EFFORT INTO THIS PROPERTY.

THEY ARE WELL WITHIN THE RESTRICTION, UH, WITHIN THE PERMITTED USE OF THE CITY.

AND WE RESPECTFULLY ASK, UH, THAT THIS BOARD GRANT THE PERMIT, UH, BASED ON THE PLAIN LANGUAGE OF, UH, THE ULDC.

AND IF ANYONE HAS ANY QUESTIONS, I'D BE MORE THAN HAPPY TO ANSWER.

LADIES, GENTLEMEN, YOU'RE THINKING ABOUT IT.

WELL, I WANTED TO ASK MARK COUPLE.

OH, SO ALL THEN, IF NO ONE HAS ANY QUESTIONS FOR MR. SHELTER OR FOR MR. COLE, THANK YOU SO MUCH FOR YOUR COMMENTS.

WE APPRECIATE IT.

ALL RIGHT THEN.

UM, SORRY.

ALL RIGHT.

ALSO ON THE LIST ARE MR. BARBER SENIOR AND JUNIOR? ARE YOU GENTLEMEN INTERESTED IN SPEAKING? YOU SEATED YOUR MINUTES TO OUR OTHER SPEAKERS? THAT'S FINE.

FINE AND FAIR.

THANK YOU SO MUCH.

ALL RIGHT THEN.

UM, MR. SCRIBNER, IT SOUNDS AS THOUGH SOME OF OUR MEMBERS HAVE QUESTIONS FOR YOU WHEN, OKAY, THIS IS REMINDED ME OF ANOTHER ISSUE.

THE CITY EXPLAINED SOMETHING TO ME.

UM, CURRENTLY THERE'S NO RESTRICTIONS ON THEM PARKING THERE.

IS THAT CORRECT? ON PARKING TRUCKS THERE? YES.

WELL, UM, SO AGAIN, I I HAVE TO GO BACK TO THAT, THAT DEFINITION, WHICH MR. HILTER, I THINK, I MEAN, WE, WE KIND OF, WE, WE SAID A LOT OF THE SAME THINGS.

SO YOU, YOU SAID THERE IS NO DEFINITION FOR COMMERCIAL PARKING.

THERE IS NO DEFINITION FOR TRUCK PARKING.

SO UNTIL THE CITY CHANGES THINGS, TRUCK PARKING COULD BE ALLOWED, UM, JUST LIKE THEY DID WITH THE APARTMENTS AND THE WAREHOUSES.

AND WELL, THIS IS, SO THIS IS A DIFFERENT THING BECAUSE IT'S THE PRIMARY USE.

AND, UM, SO AS YOU ALL KNOW, STAFF'S JOB IS TO REALLY, TO, TO MAKE INTERPRETATIONS TO BEST PROTECT THE COMMUNITY.

MY INTERPRETATION IS THAT THE CODE, THE DEFINITION OF COMMERCIAL PARKING NEVER ANTICIPATED A PLACE WHERE THAT WOULD BE THE ONLY THING IT WAS USED FOR IS A BIG PARKING LOT FOR 200 TRUCKS.

AND I SAY THAT BECAUSE THERE'S A DIFFERENT IMPACT FROM THAT.

AND WHEN WE LOOK AT THAT, SO AGAIN, JUST FOR CONTEXT, 'CAUSE THIS IS NOT, I KNOW, UM, MR. COLE TALKED A LOT ABOUT HIS PROPERTY, AND HIS PROPERTY DID KINDA START THE CONVERSATION,

[00:30:01]

OKAY.

SO, SO TO TO SAY THAT THERE, YOU KNOW, THERE ARE AREAS NEXT TO IT THAT ARE NOT ZONED COMMERCIAL.

THERE ARE NEIGHBORHOODS THAT ARE NOT FAR FROM THAT PROPERTY.

EXACTLY.

AND THERE IS AN IMPACT.

I I WOULD, I WOULD POSE THAT THE IMPACT OF 200 SEMI-TRUCK COMING IN AND OUT OF THERE ON A REGULAR BASIS IS DIFFERENT THAN THE IMPACT IF YOU HAD 200 PASSENGER VEHICLES, CARS, AND TRUCKS.

SO THAT'S, THAT'S MY, THAT'S MY SEPARATION.

THAT'S EXACTLY THE POINT THAT I WAS TRYING TO GET TO.

WHEN CAN I USE AN EXAMPLE? WE PUT A WAREHOUSE NEXT TO A SUBDIVISION.

IT SHOULDN'T HAVE BEEN NEXT TO THE SUBDIVISION.

WE DID IT ANYWAY BECAUSE THAT WAS THE RULES.

WE CHANGED THE RULES AFTER THAT.

THIS IS THE SAME SITUATION, THE, IN TERMS OF THEY'RE ALLOWED TO HAVE, ACCORDING TO OUR UI, THE WHATEVER THE COURT, UH, IT SHOWS THAT YOU CAN HAVE COMMERCIAL PARKING THERE, YOU CAN HAVE COMMERCIAL PARKING THERE.

WHAT I'M SAYING IS THAT I WOULD SEPARATE SEMI-TRUCK PARKING FROM THE NORMAL DEFINITION OF COMMERCIAL PARKING BECAUSE OF THE IMPACT TO THE COMMUNITY.

SO THERE IS NOTHING CURRENTLY TO STATE THAT PARKING AN 18 WHEELER IS NOT COMMERCIAL PARKING.

'CAUSE TO ME IT'S COMMERCIAL PARKING.

THAT, THAT'S CORRECT.

I DID STATE IT IN MY, IN MY PRESENTATION THAT THERE ISN'T A DEFINITION FOR SEMI-TRUCK PARKING THAT IS PART OF THE INTERPRETATION.

SO WHY WOULDN'T Y'ALL PROPOSE SOMETHING TO CHANGE THE RULE AND ALLOW THEM TO DO THEIR JOB? WE'RE WE'RE WORKING ON THAT NOW, BUT WE WOULD NOT, AND AND AGAIN, I DON'T WANNA SPEAK OUTTA TURN, BUT FROM MY STANDPOINT, STAFF'S NOT GOING TO RECOMMEND THAT THAT BE ALLOWED IN A GC ZONE.

BUT THAT'S, THAT'S NEITHER HERE NOR THEREFORE THIS HEARING, RIGHT? WHAT WHAT WE'RE ASKING FOR IS, IS WHAT WE HAVE RIGHT HERE.

AND REALLY WHAT, AGAIN, WE'RE TALKING ABOUT, AS MR. SCHU SAID, UM, A CONDITION PLACED ON A PERMITTED USE, AND I'M PO I'M POSING THAT IT'S NOT A CONDITION THAT IT'S A DIFFERENT USE.

AND THAT'S, THAT'S THE WAY IT WAS INTERPRETED.

IT JUST SOUNDS LIKE A CONDITION.

AND THAT'S WHY WE'RE HERE TODAY.

THAT IS UP TO YOU GUYS TO MAKE THAT CALL.

SO I'VE MADE MY CALL AND NOW IT'S UP TO YOU GUYS.

AND I APOLOGIZE FOR MY VOICE.

UH, SPEAKING ABOUT THE COMMUNITY.

THIS, THIS PARTICULAR TRUCK STOP WILL ACTUALLY HELP THE COMMUNITY.

I'M IN BAYTOWN THAT IS CLOSE TO, IF I'M NOT WRONG, $300 MILLION OF INVESTMENT COMING HERE IN MANUFACTURING SECTOR AS A TRUCK STOP IS RELATED TO PORT AND MOVEMENT.

WE ACTUALLY NEED A TRUCK STOP HERE, WHICH MAKES MORE SENSE AND IT HELPS COMMUNITY IN A LARGER SENSE.

AND, AND THIS ISN'T A TRUCK STOP.

I MEAN, I MEAN THE SEMI, SEMI, SEMI TRAILER STOP.

OKAY.

SO AGAIN, I WANNA, I WANNA MAKE SURE, AND I'VE SAID THIS A COUPLE TIMES ALREADY, I WANNA MAKE SURE THAT I'M KEEPING YOU GUYS IN THE RIGHT, IN THE RIGHT LANE.

IT IS NOT ABOUT THIS PROPERTY.

IT IS ABOUT GC.

IT'S ABOUT IS THIS ALLOWED IN A GC ZONE AS YOU WOULD CAR PARKING, CAR AND PICKUP TRUCKS.

IS IT THE SAME THING? DOES IT FALL UNDER THAT DEFINITION? THAT'S REALLY, WE HAVE TO KIND OF STAY FOCUSED ON THAT.

IF IT'S A COMMERCIAL PROPERTY, THE COMPANY HAS BROUGHT A COMMERCIAL PROPERTY, I DON'T THINK ANYBODY SHOULD STOP THEM FROM DEVELOPING THAT PIECE OF LAND BECAUSE THERE IS NO CODE TO SAY OTHERWISE.

I I WOULD ALSO ARGUE THAT, UH, AS WE LOOK UP AND DOWN GARTH ROAD AND YOU SEE ALL THE PROPERTIES THAT ARE ZONED GC, TELL ME IF YOU'D WANT TO SEE 18 WHEELERS PARKED IN THOSE PARKING LOTS.

IT'S IT'S THE SAME, IT'S THE SAME ZONING.

SO WE SHOULD ALLOW IT THERE AS WELL FOR A FEE.

SO FOR ME, IT'S LOOKING AT LIKE, LIKE YOU SAY, THE, THE DIFFERENCE IN THE DIFFERENT ZONES, GENERAL COMMERCIAL, AND THEN LOOKING AT THE LITERAL DEFINITION OF WHAT IS A VEHICLE.

AND WHEN YOU LOOK AT THE LITERAL DEFINITION OF WHAT IS A VEHICLE, IT DOESN'T STATE AN 18 WHEELER.

IT SITS OUTSIDE.

AND IF YOU LOOK UP WHAT IS A DEFINITION OF AN 18 WHEELER, IT DOESN'T LIST CARS, BICYCLES, MOTORCYCLES, IT LIST COMMERCIAL VEHICLE.

AND SO FOR ME, THE LITERAL DEFINITION OF WHAT IS A VEHICLE FITS EXACTLY WHAT YOU'RE SAYING IN THAT IT DOESN'T, AN 18 WHEELER SITS OUTSIDE OF THAT.

AND, UH, AND FOR COMMERCIAL PARKING PURPOSES, THE, THE INDUSTRY STANDARD IS WE START TALKING ABOUT WEIGHTS.

AND SO, RIGHT.

ANYTHING OVER, AND I DON'T KNOW THE EXACT CUTOFFS, ANYTHING OVER 12,500 POUNDS IS IN THIS OTHER CATEGORY AND SO ON AND SO FORTH.

SO THERE, UM, UH, THERE IS A DEFINITION IN THE CODE MM-HMM .

REGARDING COMMERCIAL VEHICLES.

AND THAT'S WHERE WE, AND AND I SHOULD HAVE INCLUDED THAT IN MY PRESENTATION AS WELL.

THE, THIS ISN'T, THIS IS DEFINITELY SOMETHING THAT FITS INTO COMMERCIAL VEHICLE CATEGORY.

AND AGAIN, I

[00:35:01]

WHAT IMPACT DOES THIS HAVE TO THE NEIGHBORS TO, TO THE OTHER PARTS OF THE COMMUNITY, REGARDLESS OF THE LOCATION? IF IT IS ZONED GC, IS THIS A, AN APPROPRIATE USE OF THAT IN THE GC ZONE? WELL, I FEEL LIKE AS LONG UNTIL YOU CHANGE IT TO LIGHT INDUSTRIAL, THAT IT DOES MEET ALL THE CRITERIA FOR GC, JUST LIKE THE WAREHOUSES MEET THE CRITERIA AS LONG AS IT WAS LISTED IN GENERAL COMMERCIAL, I DON'T UNDERSTAND BECAUSE IT SHOULD BE LIGHT INDUSTRIAL, BUT IT'S NOT.

AND THEY'RE FILING THIS UNDER A, A CONDITION THAT, THAT THEY'RE BUILDING SOMETHING BASED ON WHAT THEY WERE TOLD THEY WERE ALLOWED TO BUILD AND WHAT THE CODE SAYS.

I'LL ALSO REMIND YOU THAT GENERAL COMMERCIAL IS PROBABLY OUR WIDEST RANGE OF USES ALLOWED IN A, IN A ZONING DISTRICT.

THEY NEED TO FIX THAT.

THERE ARE LOTS OF, THERE ARE, I'M JUST SAYING THERE ARE LOTS OF OPTIONS IN THAT ZONE.

RIGHT? BUT I MEAN, IN BLACK AND WHITE, IT SAYS YES, THEY CAN AGAIN, THAT, THAT IS, THAT'S WHY WE'RE HERE.

DEPENDS TODAY, DEPENDS HOW YOU DEFINE WHAT YOU'RE SAYING.

IT'S NOT AN ATTRACTIVE PROPERTY.

IT'S, IT'S NOT GONNA BE AN ATTRACTIVE PROPERTY, BUT IT'S STILL WITHIN THE GUIDELINES OF WHAT, AND IT'S ON THE RIGHT ROAD FOR THAT TYPE OF, SO I, I DON'T, IT'S REALLY NOT, BECAUSE IT DOESN'T, IT DOESN'T ACCESS NINE NINE THOUGH.

IT ACCESSES AWFUL LEE DRIVE.

SO MY PERSPECTIVE IS THIS, WHILE MR. SCRIBNER IS CLEAR AND CORRECT THAT OUR AGENDA ITEM TODAY IS NOT SPECIFIC TO THIS ADDRESS, RIGHT? CORRECT.

MY POSITION IS THAT THE WHOLE ISSUE OF WHAT GC WHAT WHAT GENERAL COMMERCIAL ALLOWS, IF WE, IF WE CONSIDER THAT IT'S NOT JUST WHAT'S ALLOWED WITHIN GC, BUT HOW NEIGHBORING NON GC PROPERTIES ARE IMPACTED BY WHAT IS ALLOWED OR PERMITTED IN A GC PROPERTY.

AND SO INEVITABLY, I LOOK BACK TO THIS AND TO THE HOUSES THAT FRONT TRAVIS AND YOU, MR. WALTERS, YOU BROUGHT UP THE DISCUSSION ABOUT A PREVIOUS ISSUE AND THE IMPACT OF THAT USE IN THAT PARTICULAR CASE.

AND AGAIN, I'M GONNA FALL TO HOW DECISIONS MADE TODAY WILL IMPACT NEIGHBORING PROPERTIES IN THIS CASE AND IN ANY OTHER CASE, AS LONG AS THIS INTERPRETATION STANDS.

UM, AND SO, UM, THAT, THAT'S MY MY POINT IS THAT WE CAN SAY IT DOESN'T APPLY TO THIS PROPERTY, BUT THIS PROPERTY IS ABSOLUTELY THE PERFECT EXAMPLE OF WHY CLEAR CONSISTENT INTERPRETATION MATTERS TO PEOPLE WHO HAVE NOTHING TO DO WITH THIS PROPERTY.

CORRECT.

IT MATTERS.

IT MATTERS TO A LOT OF PEOPLE.

AGREED.

AND THAT'S WHAT OUR JOB, OUR RESPONSIBILITY IS.

I I, AND I WILL ADD THAT I, I MENTIONED EARLIER WE'VE HAD A COUPLE OTHER, UM, REQUESTS, SORT OF SIMILAR REQUESTS TO THIS, UM, IN DIFFERENT AREAS OF THE CITY.

AND UNDER DIFFERENT ZONING, OUR ANSWER HAS STAYED CONSISTENT, HAS STAYED THE SAME TO EVERYBODY WHO HAS, WHO HAS ASKED.

SO, UM, IN TERMS OF INTERNAL POLICY, UM, WE WE'RE STAYING, WE'RE STAYING THE COURSE.

THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS? BOARD MEMBERS? MAY I HAVE ONE MORE MOMENT? YES.

JUST QUICKLY, BRIEFLY, WE HAVE DESIGNED THIS, THIS FACILITY TO PROVIDE AS MUCH BUFFER AS AS POSSIBLE.

THERE'S NEARLY A FOOTBALL FIELD BETWEEN US AND THE NEIGHBORS, UH, ON TRAP ON, ON TRAVIS STREET.

UH, IN ADDITION TO THE OPAQUE FENCE, WHAT I, WHICH I'VE SPOKEN ABOUT, AND THE LANDSCAPING, WHICH I'VE SPOKEN ABOUT.

UH, WE DON'T ANTICIPATE NEIGHBOR PROBLEMS. WE WOULDN'T HAVE TRIED TO, UH, STICK IT IN SOMEWHERE WHERE IT WOULDN'T FIT.

NOW, A COUPLE THINGS WERE SAID THAT, THAT MAKE A LOT OF SENSE.

THERE IS A NEED FOR THIS.

THERE, THERE NEEDS TO BE, AND AS I TOLD THE MAYOR ONE TIME, THIS TAKES SEMIS OUT OF THE FRONT YARDS OF PLACES ALL OVER THE CITY OF BAYTOWN CONCENTRATES IN, IN, IN ONE AREA.

IT IS VERY CLOSE TO 99, AND THERE'S ALREADY A HUGE TRUCKING FACILITY ACROSS THE STREET.

IT IS LITERALLY 50 FEET FROM THE CORNER OF OUR PROPERTY TO THE ONE THAT I POINTED OUT, UH, HIGHLIGHTED AS AN EXISTING FACILITY.

THEY'RE OPERATING.

I, I HAVEN'T SEEN THEM IMPACT ANYONE.

AND IT GOES BACK TO THE SIMPLE LANGUAGE IN YOUR OWN, IN YOUR OWN MANUALS.

UH, WE,

[00:40:01]

NO CONDITIONS.

THAT'S PRETTY SIMPLE.

THANK YOU, MR. COLE.

THANK YOU.

BOARD MEMBERS.

MAY I HAVE ONE MORE THING, WOOD? TWO MINUTES.

THAT'S IT.

I, I DON'T EVEN THINK I'LL NEED THAT LONG.

UH, YOU BROUGHT UP A, A, A GOOD QUESTION.

UH, THE DEFINITION OF VEHICLE.

NOW, I WILL TELL YOU I DON'T HAVE THE UL UM, DC DC UP IN FRONT OF ME FOR THAT.

UH, BUT A QUICK GOOGLE SEARCH, UH, DICTIONARY.COM DEFINES A VEHICLE ANY MEANS BY WHICH SOMEONE TRAVELS OR SOMETHING IS CARRIED OR CONVEYED.

UH, WE CAN'T ARBITRARILY PUT DEFINITIONS OF WHAT WE THINK A VEHICLE IS OR IS NOT.

WE HAVE TO FOLLOW WHAT THE WORD SAYS.

IF THE GOVERNING BODY INTENDED FOR THAT TO BE DIFFERENT, THEY SHOULD HAVE WRITTEN IT DOWN THAT WAY, OR THEY SHOULD HAVE CHANGED IT.

AS IT STANDS, THIS IS A NON, UM, CONDITIONED PROPERTY.

THANK YOU.

THANK YOU.

ALL RIGHT THEN.

BOARD, I'LL CONSIDER A MOTION ON, ON THIS ISSUE.

I MOVED TO PUBLIC HEARING.

YEAH, PUBLIC HEARING ENCLO, I'M SORRY, MR. WALTER.

I MOVED TO, UH, DENY THE DIRECTOR'S OFFICIAL INTERPRETATION OF SEMI-TRUCK, UH, AND ASKED IF THE CITY, UH, PUT THAT IN PLACE LIKE THEY DID WITH THE WAREHOUSES AND MOVE IT TO LIGHT INDUSTRIAL.

ALL RIGHT.

NATE, DID YOU GET THAT? HIS MOTION? UM, MR. WALTERS, WILL YOU REPEAT IT AGAIN AND LEAN INTO THE MIC, PLEASE? WELL, I'M, IS IS THAT AN APPROPRIATE MOTION CONCERNING THE, THE FIRST PART OF YOUR MOTION IS WHAT WE WOULD STICK WITH? I THINK THE SECOND THAT DENY THE DIRECTORS.

YOU DENY INTERPRETATION? YEAH.

YES.

THAT'S WHAT I WOULD RE RECOMMEND YOU STICK WITH.

ALRIGHT.

ALL RIGHT, THEN.

WE HAVE A MOTION BEFORE THE BOARD TO DENY THE DIRECTOR'S, UH, INTERPRETATION OF, UH, PARKING, COMMERCIAL PARKING IN THE ULDC.

IS THERE A SECOND ON THAT MOTION? SECOND ON MR. WALTER'S MOTION.

SECOND.

ALL RIGHT.

THERE IS A SECOND.

ALL THOSE IN FAVOR OF DENYING STAFF INTERPRETATION OF COMMERCIAL PARKING IN ULDC SIGNIFY BY SAYING I A, THOSE OPPOSED TO THE MOTION SAY NAY, NAY, NAY.

IT SOUNDS LIKE THE MOTION IS TIED.

STAFF.

ANY RECOMMENDATIONS? WHAT'S DENIED? UM, YOU CAN CALL FOR ANOTHER MOTION.

I'M SORRY, SAY THAT AGAIN? YOU, YOU MAY CALL FOR ANOTHER MOTION.

ALL RIGHT, THEN IS THERE ANOTHER MOTION? I MAKE A MOTION THAT WE APPROVE THE STAFF'S INTERPRETATION OF THE ULDC IS WRITTEN.

AND IS THERE A SECOND? AM I ALLOWED TO SECOND? YES MA'AM, YOUR HONOR.

YEAH.

THEN THERE IS A SECOND.

I SECOND THAT MOTION.

ALL THOSE OF FAVOR OF APPROVING STAFF, INTERPRETATION OF COMMERCIAL PARKING IN THE ULDC SIGNIFY BY SAYING A AYE AYE.

AND THOSE OPPOSED NAY, NAY TIED UP.

SO SCOTT, UH, LOOK AT THIS AS THERE'S NO, WE DON'T HAVE A QUORUM.

UH, SO THERE'S NO DECISION.

NO, THERE'S NO DECISION.

WE'LL HAVE TO COME BACK, UH, SUBSEQUENTLY.

OKAY.

UM, WE'LL HAVE TO ALL, THEN WE'LL HAVE TO COME BACK.

OUR NEXT REGULAR MEETING IS NOVEMBER THE, SOMETHING.

WE'LL SEND OUT A NOTICE.

NOVEMBER'S, HOLD ON JUST A MINUTE.

WE'LL CHECK 14TH.

NOVEMBER 14TH.

14TH, NOVEMBER THE 14TH.

NEXT MEETING.

4:00 PM THAT'S GOOD.

ALL RIGHT THEN.

THANK YOU SO MUCH FOR YOUR TIME.

WE'LL SEE YOU NEXT MONTH.

ALRIGHT, THANK YOU.

ALL

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

AGENDA ITEM NUMBER FOUR, DIRECTOR'S REPORT.

MR. SCRIBNER, UH, THANK YOU.

I DON'T HAVE A WHOLE LOT TO REPORT TODAY, EXCEPT THAT YOU PROBABLY SEE A NEW FACE AT THE DEUS TONIGHT.

UM, FRANKIE LINDER IS OUR PLANNING MANAGER, AND, UH, AS YOU GUYS REMEMBER, UM, TREVOR LEFT TO PURSUE A PRIVATE SECTOR OPPORTUNITY.

AND SO WHEN, WHEN WE, UM, WHEN HE LEFT, UM, FRANKIE'S ACTUALLY BEEN HERE, WHAT, ALMOST FIVE YEARS NOW.

UM, FRANKIE HAS BEEN THE HEAD OF OUR LONG RANGE PLANNING AND AS, AS WELL AS OUR COMMUNITY DEVELOPMENT, UH, GROUP AND WITHIN OUR DEPARTMENT.

AND SO WE DECIDED THAT IT WAS TIME TO MOVE OUR PLANNERS ALL TOGETHER.

AND SO LONG RANGE AND CURRENT PLANNING ARE

[00:45:01]

SO, UH, JUST A WELCOME TO FRANKIE TO, TO THIS GROUP.

WELCOME.

HI.

WELCOME.

SO I ASKED IF SHE HAD EVER BEEN TO ONE OF THESE MEETINGS AND SHE SAID NO.

AND I WAS LIKE, WHAT THE HECK, .

WELL, THIS ONE WAS SPECIAL.

SO , ALTHOUGH YOU MAY HAVE ALREADY KNOWN BARB, 'CAUSE BARB'S A NO, I DON'T.

I THINK SHE'S THE SOCIAL, BUT SHE'S A SOCIAL BUTTERFLY.

SO, .

WELL, WE'RE GLAD YOU, YOU'RE HERE.

UH, OTHERWISE, THAT'S ABOUT ALL I HAVE.

I THINK THAT THAT, UH, CONCLUDES MY REPORT.

THAT CONCLUDES YOUR REPORT? YES.

ALL RIGHT THEN.

DOES ANYBODY ELSE HAVE ANYTHING THEY WANNA BRING BEFORE THE BOARD? I WILL CONSIDER A MOTION TO ADJOURN.

MAKE A MOTION TO ADJOURN.

AND A SECOND.

SECOND.

ALL IN FAVOR? AYE.

MEETING'S ADJOURNED.

4 46.

I WILL, UH, OFF THE RECORD.