Dec 12, 2023 BOARD OF ADJUSTMENT

BEING FOUR OH TWO.

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[ CITY OF BAYTOWN NOTICE OF MEETING BOARD OF ADJUSTMENT TUESDAY, DECEMBER 12, 2023 4:00 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA ]

AND IF I COULD ASK FRANKIE TO CALL THE ROLE JEFFREY WALTERS.

HERE.

GILBERT SANTANA.

HERE.

BARBARA WOOSTER.

HERE.

MIKE WILSON.

HERE.

BECKY ROBBINS HERE.

ALL RIGHT.

WE DO HAVE A QUORUM.

ALRIGHT.

ITEM ONE

[a. Consider approving the meeting minutes of the October 10, 2023, Board of Adjustment regular meeting.]

AND YOU SHOULD HAVE SEEING THE MINUTES, AND I WOULD, UH, ASK FOR ANY COMMENTS.

AND IF NONE, I MOVE, UH, IN A SECOND TO APPROVE THEM, TO APPROVE ANY DISCUSSIONS, QUESTIONS.

IF NOT ALL IN ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ANY NAYS? THE MINUTES ARE APPROVED.

ALL RIGHT.

ITEM TWO A

[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.]

AND LET ME READ THE PUBLIC HEARING, UH, RULES.

PUBLIC HEARINGS ARE HELD TO GIVE ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD.

EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD HAVE SIGNED THE APPROPRIATE LIST, WHICH I HAVE HERE.

LOOKS LIKE WE HAVE ONE, IS THAT CORRECT? TWO.

MIKE.

OKAY.

BINGO.

ALRIGHTY.

TWO.

UM, EACH SPEAKER, UH, EACH OF Y'ALL WILL HAVE, UH, GIVE.

WHEN YOU COME UP, PLEASE GIVE YOUR NAME AND ADDRESS SO WE HAVE A PROPER RECORD OF THIS HEARING.

AND THE RULES WILL ALLOW EACH OF YOU THREE MINUTES TO PRESENT INFORMATION.

UH, I ENCOURAGE YOU TO BE AS QUICK AND CONCISE AS POSSIBLE, BUT YOU WILL HAVE THREE MINUTES.

AND ANY QUESTIONS, PLEASE DIRECT THEM TO ME AND MYSELF OR STAFF WILL ANSWER THEM.

AND MR. SCRIBNER, IF YOU WOULD SUMMARIZE, I BELIEVE WE HAVE A COUPLE OF, OKAY.

THERE'S A PEN UP THERE ON THE COUNTER.

TAKE YOUR TIME.

GONNA BE NERVOUS.

MM-HMM .

IT DOESN'T CONTROL THE TIME.

YOU PROBABLY USE YOUR, UM, USE YOUR PHONE.

JUST DO IT ON, SIR.

THANK YOU.

AND MARTIN, IF YOU WOULD SUMMARIZE THE PURPOSE AND CONTENT OF THE HEARING TODAY.

ABSOLUTELY.

UH, FOR THE RECORD, MARTIN SCRIBNER PLANNING AND DEVELOPMENT SERVICES, UM, UM, AS OUR CHAIRPERSON HAS, UH, HAS READ OFF, THIS IS AN APPEAL OF AN INTERPRETATION OF THE UNITED, UH, THE UNIFIED LAND DEVELOPMENT CODE, UH, DEFINITION OF PARKING COMMERCIAL.

SO, UM, IT, IT'S IMPORTANT TO REMIND EVERYBODY.

SO YES, EVERYBODY HAS SEEN THIS ONE BEFORE, AND I'LL GIVE YOU A LITTLE BIT BETTER HISTORY ON THIS SO WE MAKE SURE THAT EVERYBODY'S ON THE SAME PAGE.

UM, AND, UM, I'M ALSO GONNA REMIND YOU THAT I'M, I'M GONNA TALK ABOUT A SITE, BUT THAT'S JUST FOR CONTEXT.

WHAT WE'RE ASKING FOR HERE IS AN, THIS IS AN APPEAL OF AN INTERPRETATION OF A PIECE OF CODE.

THIS IS NOT ATTACHED TO A SITE.

THIS IS CITYWIDE, REGARDLESS OF WHERE THAT SITE MAY, MAY LAND.

SO, UM, THE, THE PIECE THAT

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UM, AND REALLY WHAT WE'RE HERE TODAY IS THAT SECOND ONE HERE AND DECIDE APPEALS OF AN INTERPRETATION OF THE TEXT, OF THE ZONING REGULATIONS IN THE ULDC MADE BY THE DIRECTOR OR THE STAFF AS A, AS AN ARM OF THE DIRECTOR.

SO HERE'S THE BACKGROUND.

EARLIER THIS YEAR, UM, THE PROPERTY OWNERS CAME AND TALKED TO STAFF, UH, ABOUT A POTENTIAL COMMERCIAL PARKING FACILITY FOR SEMI-TRUCK.

UH, AND THIS, AGAIN, FOR CONTEXT, WOULD BE AT THE CORNER OF LEE DRIVE AND TRAVIS STREET.

THIS IS IN A GC ZONE, THAT'S THE IMPORTANT PART, IS IT'S IN GC.

UM, AT THAT TIME, STAFF DISCUSSED, UH, HOW THAT WOULD BE HANDLED.

AND THE DETERMINATION WAS THAT THAT USE FOR SEMI PARKING IS NOT ALLOWED IN THE GC ZONE, GENERAL COMMERCIAL.

IN JUNE OF THIS YEAR, UH, AN APPEAL WAS HEARD BY THIS BOARD.

THE DIRECTOR'S INTERPRETATION WAS UPHELD BY THE BOARD.

UNFORTUNATELY, WE FELT THAT THERE MIGHT HAVE BEEN SOME CLERICAL ISSUES WITH THAT HEARING.

SO WE SAID, OKAY, IN ORDER TO MAKE SURE THAT DUE PROCESS IS MET, WE NEED TO HEAR THIS AGAIN.

SO IN OCTOBER, WE BROUGHT IT BACK BEFORE THE BOARD, UH, THE APPEAL WAS REHEARD.

THERE WAS NO ACTION TAKEN BECAUSE THERE WERE FOUR PEOPLE IN ATTENDANCE THAT DAY.

FOUR BOARD MEMBERS IN ATTENDANCE.

AND THEY COULD, WE COULDN'T GET A, UM, REMEMBER WE NEED FOUR VOTES IN ORDER TO TAKE ANY ACTION AT THIS BOARD.

WE COULD NOT GET FOUR VOTES IN ONE DIRECTION OR THE OTHER.

SO NO ACTION WAS TAKEN, AND IT WAS AGREED, UH, THAT WE WOULD PUSH THIS ONE FORWARD AND HEAR IT AGAIN, UM, BECAUSE WE DIDN'T HAVE A FULL, A FULL BOARD AT, UH, THAT DAY.

SO IN THE INTERIM, UM, STAFF MET WITH THE PROPERTY OWNERS AND THE ATTORNEY WHO WERE HERE TODAY, UH, TO DISCUSS IF THERE WERE ANY OTHER OPTIONS AT THAT TIME.

WE DID DISCUSS, UM, A COUPLE OF OTHER OPTIONS.

UH, THE, UM, THE PROPERTY OWNERS HAVE, UH, HAVE DECIDED TO GO AHEAD AND, AND MOVE FORWARD WITH THE APPEAL AND, AND KIND OF SEE WHAT THE OUTCOME OF THAT IS.

UM, IN NOVEMBER, THEY REQUESTED TO POSTPONE THAT TO DECEMBER.

SO THAT'S WHY WE'RE HERE TODAY.

UH, AGAIN, THIS IS THE PROPERTY THAT'S IN QUESTION.

AND I'LL JUST DO IT ONE MORE TIME.

THIS IS FOR CONTEXT.

THIS IS NOT A, AN INTERPRETATION OF SOMETHING THAT IS JUST ON THIS PROPERTY.

IT'S UNDER, IT'S ON FOR ANY PROPERTY THAT WOULD, UM, THAT WOULD LAND UNDER THE, THE, THE, THE CIRCUMSTANCES.

SO THIS, SO ANY, ANY PROPERTY IN GC, ANY PROPERTY IN GC? THAT'S CORRECT.

SO IN THIS CASE, THIS IS AT LEE AND TRAVIS, UH, NEAR 1 46.

UM, IT IS ZONED, AS YOU CAN SEE IN RED GC WITH, UH, THE YELLOW IS A SINGLE FAMILY RESIDENTIAL.

AND THE BLUE IS, UH, URBAN NEIGHBORHOOD, OR AS IT RELATES TO URBAN NEIGHBORHOOD, WHICH IS, UM, MOSTLY MOBILE HOMES.

UM, AND THE LITTLE BIT OF GRAY OFF TO THE WEST, WHICH IS INDUSTRIAL LIGHT INDUSTRIAL.

THIS WAS THE SITE PLAN THAT WE WERE GIVEN.

AGAIN, FOR CONTEXT, THIS WAS FOR 180, UH, 180 TO 200, WAS IT 180 PARKING SPOTS, I BELIEVE, FOR SEMI-TRUCK.

SO, UM, SO THAT WOULD GIVE YOU, AND, AND THERE IS A, ALSO, THERE'S A DETAIL FOR SOME RESTROOMS IN AN OFFICE, UM, THAT WAS GIVEN TO US.

SO AGAIN, JUST KIND OF FOR SCALE AND WHAT, WHAT WE WERE TALKING ABOUT IN TERMS, UM, WE'LL DISCUSS IMPACT.

UM, SO IN THE ULDC, THE DEFINITION FOR COMMERCIAL PARKING, UH, IS MEANS A PARCEL OF LAND OR STRUCTURE USED FOR THE TEMPORARY PARKING OF VEHICLES FOR A FEE, WHICH MAY BE CHARGED REGARDLESS OF ANY OTHER FEE FOR THE PREMISES.

UM, ALSO THERE'S SOME OTHER, IT'S, UM, ONE OR MORE FLOORS CAMP ARE USED FOR TEMPORARY STORAGE OF VEHICLES.

DELIVERY IS NOT CONSIDERED COMMERCIAL PARKING.

SO, UM, THE, THE REAL QUESTION HERE IN THAT DEFINITION IS WHAT IS THE MEANING OF THE WORD VEHICLES? RIGHT? IT'S KIND OF VAGUE.

UM, SO WE'RE GONNA DISCUSS THAT A LITTLE BIT MORE AS WELL.

THE PARKING OF SEMI-TRUCK IS NOT SPECIFICALLY DEFINED IN THE CODE.

SO AGAIN, WE'RE, WE'RE GONNA KIND OF COME BACK TO THAT.

BUT, BUT THERE REALLY IS, UM, ENVISIONED BY THE CODE.

THERE IS A DIFFERENCE IN IMPACT BETWEEN PARKING OF SEMI TRUCKS AND PARKING OF CARS AND, AND PICKUP TRUCKS.

UM, IN THE COMMERCIAL ZONING DISTRICT, UH, GC THAT IS INTENDED, SO THIS IS OUT OF THE CODE.

THIS IS INTENDED TO PROVIDE FOR A VARIETY OF USES OFFICES, RETAIL, PERSONAL COMMERCIAL SERVICES, UM, RELATED USES THAT ARE MIXED WITHIN BUILDINGS, UH, EITHER VERTICALLY OR HORIZONTALLY.

AND THE USES IN THIS DISTRICT ARE GENERALLY CONDUCTED INSIDE THE BUILDING.

UH, CAN INCLUDE SOME OUTDOOR DISPLAY OR STORAGE.

AND THE GC DISTRICT CAN ALSO BE USED AS A TRANSITIONAL DISTRICT

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OR AS YOU'RE LOOKING AT A PRIMARY DISTRICT, UM, AS YOU DRIVE DOWN GARTH, THAT'S ALL GENERAL COMMERCIAL, SO THAT GIVES YOU A PRETTY GOOD IDEA.

IN ULDC, WE, UH, IN ORDER TO GUIDE EVERYDAY DECISIONS, THERE ARE TABLES THAT ENVISION ALL OF THE LAND USES, UH, IN THE CITY THAT WE TRY TO, UM, THE, THE, OUR FOLKS THAT WROTE THAT CODE TRIED TO ENVISION EVERY LAND USE YOU CAN THINK OF TO GET IT IN THERE.

OBVIOUSLY, THEY'RE NOT ALL THERE, BUT IT'S TRIED TO BE ALL INCLUSIVE.

IN THIS CASE, COMMERCIAL PARKING IS LISTED.

UM, YOU'LL SEE THE USE ON THE LEFT SIDE, AND THEN YOU'LL SEE THE DISTRICTS ALONG THE TOP.

AND THEN YOU'LL SEE, UH, A LETTER POST, UH, ALSO PUT IN THE, THE BOX BELOW THE, UM, UH, BELOW THE U THE DISTRICT, EXCUSE ME.

AND SO, UH, IN GC ACROSS FROM PARK, UH, COMMERCIAL PARKING, YOU'LL SEE A P THAT STANDS FOR PERMITTED.

THERE'S NO CONDITIONS ON THAT, IT'S JUST PERMITTED.

IF IT SAID PC, IT WOULD BE PERMITTED WITH CONDITIONS.

AND THEN ALL THE WAY TO THE RIGHT, YOU WOULD SEE A NUMBER THAT WOULD REFERENCE SOME CONDITIONS.

IN THIS CASE, THERE ARE NO CON CONDITIONS FOR COMMERCIAL PARKING IN, IN, UH, GENERAL COMMERCIAL SEMI-TRUCK PARKING IS NOT LISTED AS A SEPARATE USE IN THE TABLE.

AGAIN, I THINK WE, WE TRY TO BE ALL INCLUSIVE.

UM, BUT THAT WAS SOMETHING THAT, THAT WAS NEVER SPLIT OUT.

UM, THERE IS ALSO A NOTE IN THE, UM, NEXT TO THE TABLE THAT SAYS IF THERE'S NO P OR PC LISTED OR THE USE IS NOT LISTED AT ALL, THEN THE USE IS NOT ALLOWED.

SO, UM, AGAIN, STAFF'S INTERPRETATION IS THAT SEMI-TRUCK PARKING HAS, HAS A DIFFERENT IMPACT, WAS ENVISIONED TO BE SOMETHING DIFFERENT THAN JUST A REGULAR DOWNTOWN COMMERCIAL PARKING LOT.

UM, THEREFORE IT'S NOT LISTED IN THERE.

AND SO WE'VE TAKEN THE, THE APPROACH THAT THAT IS NOT, UH, NOT ALLOWED, NOT PERMITTED.

SO THERE ARE SOME SIMILAR USES.

AND AGAIN, THIS IS KIND OF FOR CONTEXT TO, TO LET YOU KNOW WHAT, UM, WHAT THIS IS, IS BEING COMPARED TO.

UM, AND ALSO THERE ARE SOME PAST STAFF INTERPRETATIONS THAT DO INCLUDE THE TRUCK STOP DEFINITIONS, AND I'LL COME BACK TO THAT AS WELL.

SO, TRUCK STOP IS FOR PARKING, REFUELING, WASHING REPAIR FOR COMMERCIAL VEHICLES.

UH, IT CAN INCLUDE FOOD, RESTAURANT, BEVERAGES, UH, SHOWERS.

TEMPORARY SLEEPING QUARTERS CAN ALSO BE REFERRED TO AS TRANSPORT STOP OR TRUCK SERVICE FILLING STATION.

UM, BUT DOES NOT INCLUDE A TRAVEL CENTER.

A TRAVEL CENTER IS SPLIT OUT AS A DIFFERENT, UH, DEFINITION.

AND REALLY THE TRAVEL CENTER IS KIND OF ALL THOSE SAME THINGS WITHOUT THE OVERNIGHT PARKING, WITHOUT THE SHOWERS.

UM, AND, UM, THAT IS RIGHT THERE.

UM, YEAH, TRAVEL CENTER DOES NOT INCLUDE A TRUCK STOPPER FACILITY ASSOCIATED WITH, UH, COMMERCIAL VEHICLE WASHING OR REPAIRS, SHOWERING, LAUNDRY, SLEEPING, OVERNIGHT PARKING.

SO, UM, SORRY, I REFUSED FOR A SECOND.

UM, STAFF INTERPRETATION, AGAIN, WHILE THE CODE DOESN'T INCLUDE A DEFINITION OF SEMI-TRUCK PARKING, UM, WE DO SEE THAT WE INTERPRET THAT AS AN A, A REGULAR COMMERCIAL PARKING LOT, SAY AT AN AIRPORT OR AT A, UM, OR, OR AT A DOWNTOWN OR, OR SOME SHOPPING CENTER IS, IS DIFFERENT.

AND IT HAS A LESS INTENSE NATURE AND IMPACT THAN A PARKING LOT THAT'S DESIGNED JUST FOR, FOR SEMI TRUCKS.

UM, CONSIDERING THE HIGH LEVEL OF NOISE SMELLS AND TRAFFIC IMPACT INHERENT TO THIS USE, UH, WE DO VIEW IT AS A CLASSIFICATION OF ITS OWN.

UH, CONSIDERING THE LAND USE TABLE DOES NOT SPECIFICALLY LIST THAT AS A PERMITTED USE, IS THERE THEREFORE PROHIBITED.

AND THEN I WANNA COME BACK TO THERE WERE SOME PREVIOUS INTERPRETATIONS THAT STAFF MADE, UM, UH, IN PRE IN PAST YEARS.

THIS IS CONSISTENT WITH PAST STAFF INTERPRETATIONS.

I ALSO WANNA POINT OUT THAT, UM, BECAUSE I KNOW IT, IT CAME UP WAS FROM THE JUNE HEARING TO THE OCTOBER HEARING TO TODAY, NOTHING ABOUT THE INTERPRETATION OR THE APPLICANT.

NOTHING HAS CHANGED ABOUT THAT.

SO THAT, THAT HAS ALL REMAINED A CONSTANT SINCE THIS PROCESS BEGAN.

SO IN MARCH OF 2015, THERE WAS A STAFF INTERPRETATION THAT WAS MADE BASICALLY, THAT SAID, IF THERE'S ANY ONE PART OF THE DEF DEFINITION OF A TRUCK STOP, SO THAT'S TRUCK PARKING, REFUELING, WASHING, OR REPAIRS, IF ONE OF THOSE IS MET BECAUSE THE, UH, THE DEFINITION INCLUDES AND OR THEN THE USE IS CLASSIFIED AS A TRUCK STOP.

AGAIN, THIS CAME FROM 2015.

IN APRIL OF 2015, THE

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IN 2018, UH, JUNE OF 2018, THERE WAS ANOTHER STAFF INTERPRETATION.

AND IT WAS BASICALLY, UH, THIS CAME OUT OF AN EMAIL THAT WAS, UM, SENT FROM STAFF TO THE APPLICANT.

AT THE TIME, THE INCLUSION OF ALLOWING FOR TRACTOR TRAILER PARKING IS NOT WHAT THE DISTRICT HAD IN MIND FOR THE COMMERCIAL PARKING USE.

COMMERCIAL PARKING THE ORDINANCE SPEAKS OF IS MORE RELATED TO THE PAID PARKING FOR PASSENGER VEHICLES, SOMETHING YOU'D SEE IN A DOWNTOWN DISTRICT, OR SIMILAR TO PASSENGER VEHICLE PARKING AT AN AIRPORT.

SO, UH, AS YOU CAN SEE, WHAT, WHAT WE'RE TALKING ABOUT STAFF AND, AND CITY STAFF HAS STAYED CONSISTENT IN THIS, UM, FOR AS FAR BACK AS WE COULD FIND RECORDS FOR.

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

THE SEMI-TRUCK PARKING IS NOT INCLUDED IN THE DEFINITION OF PARKING COMMERCIAL AND IS THEREFORE NOT ALLOWED IN THE GC ZONE EXCEPT WHERE TRUCK STOP IS ALLOWED, WHICH, UM, FOR REFERENCE TRUCK STOP IS ONLY ALLOWED IN VERY SPECIFIC PLACES, UH, IN THE CITY, WHICH I DIDN'T GET INTO ALL THAT, BUT IT'S NOT THIS SPOT.

SO, UM, WITH THAT, THAT CONCLUDES MY PRESENTATION.

I'M HAPPY TO ANSWER ANY QUESTIONS, ANY QUESTIONS, GUYS, BEFORE WE HAVE THE PUBLIC SPEAK? NOPE.

THANK YOU, MARTIN.

ALRIGHTY.

OUR SPEAKING ORDERS, MR. SCHILLER? MR. YEAH.

IS THAT ON THE, IS IT PULLED UP ALREADY? UH, DID THEY ALREADY SAY THAT? THERE YOU GO.

OKAY.

I BELIEVE THESE GENTLEMEN WILL YIELD THEIR TIME TO ME.

OKAY.

UM, MY NAME'S BRANDON HILTER.

I'M AN ATTORNEY WITH THE CHAD WILSON LAW FIRM, AND I'M HERE TO PROUDLY REPRESENT CRB CONSTRUCTION, UH, IN FRONT OF THE BOARD TONIGHT.

WE THANK YOU VERY MUCH FOR TAKING THE TIME TO COME DOWN HERE AND HEAR THE ISSUE AT HAND.

UH, THIS HAS BEEN GOING ON SINCE 2019.

IT WAS A VERY, UH, BIG AND IMPACTFUL DECISION TO MY CLIENTS.

AS WE SEE HERE, WE HAVE AN OVERVIEW OF THE PROPERTY IN QUESTION, UH, THAT'S TWO DIFFERENT, UH, GOOGLE EARTH PICTURES.

THE YELLOW BORDERS WILL SHOW YOU WHERE THE PROPERTY IS LOCATED IN RELATION TO 99.

UH, IT'S RIGHT HERE AT LEE ROAD AND 99.

THIS IS ABOUT A NINE ACRE PIECE OF PROPERTY THAT WIND PURCHASED, AND STILL TO THIS VERY DAY, HAS BEEN ZONED FOR GENERAL COMMERCIAL WITH NO CONDITIONS ON IT.

THE INTENDED USE, THE PROJECT THAT MY CLIENTS, UH, WANT TO BUILD THIS PIECE OF PROPERTY INTO IS A COMMERCIAL PARKING LOT FOR SEMI TRAILERS AND SEMI TRUCKS.

NOW, AS YOU'RE AWARE, THE BAYTOWN UNIFIED LAND DEVELOPMENT CODE, OR AS WE'LL REFER TO THE ULDC, IS THE GOVERNING DOCTRINE FOR THIS EXACT TYPE OF ISSUE.

AND AS MR. SCRIBNER POINTED OUT, WE'LL LOOK AT SECTION TWO DASH 5 47 THAT OUTLINES THE POWER AND THE DUTIES, AND IT STATES THAT THE BOARD OF ADJUSTMENTS SHALL EXERCISE THE POWERS AND SHALL BE REQUIRED TO HEAR AND DECIDE APPEALS OF ANY INTERPRETATION OF THE TEXT, OF THE ZONING REGULATIONS CONTAINED IN THE UNIFIED LAND DEVELOPMENT CODE MADE BY THE DIRECTOR OF PLANNING AND THE DEVELOPMENT SERVICES.

NOW, THE KEY WORD AND WHAT I'D LIKE EVERYONE TO FOCUS IN, UH, AS WE MOVE FORWARD WITH OUR PRESENTATION, IS THIS IS GONNA BE THE APPEAL OF THE INTERPRETATION OF THE TEXT, OF THE CODE.

UM, IT'S NOT NECESSARILY WHETHER WE THINK SOME TYPE OF PROJECT SHOULD OR SHOULDN'T BE BUILT, OR WHETHER IT SHOULD BE SOMEWHERE ELSE.

WE'RE SPECIFICALLY LOOKING AT THE WORDS WITHIN THE ULDC FOR INTERPRETATION.

NOW, WHEN MY CLIENTS, UH, PRESENTED TO THE CITY WITH THE PLANS, UH, TO BUILD THIS PARKING LOT, UH, AS MR. SRID SAID, THERE WAS A LONG PROCESS ABOUT IT, THE CONCLUSION FROM THE STAFF, UH, DECIDED THAT SEMI-TRUCK PARKING IS NOT INCLUDED IN THE DEFINITION OF PARKING COMMERCIAL, THEREFORE NOT ALLOWED IN A GC ZONE EXCEPT WHERE HIS TRUCK STOP IS ALLOWED.

OUR CONTENTION HERE TODAY IS THAT THAT IS AN OVERREACH.

IT IS NOT WHAT THE CODE SAYS.

AND WE WILL NOW BEGIN THE PROCESS TO WALK THROUGH THE CODE TO UNDERSTAND THAT THIS PIECE OF PROPERTY IS, UH, ZONED FOR COMMERCIAL USE WITH NO CONDITIONS WHATSOEVER.

LET'S START OFF WITH DEFINITIONS AND

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AND AS WAS ALLUDED TO IN THE PRIOR PRESENTATION, THE QUESTION IS, IS THE WORD SEMI-TRUCK INCLUDED IN THE ULDC DEFINITIONS? WELL, THE ANSWER IS NOT EXACTLY, BUT IF WE PERFORM A DETAILED AND FOCUSED LOGICAL ANALYSIS THROUGH OTHER DEFINITIONS IN THE ULDC, YOU'LL SEE THAT THE SEMI-TRAILER PARKING SHOULD BE AND IS ALLOWED ACCORDING TO THE TEXT OF THE ULDC.

WE START, UH, WITH THE DEFINITION OF PARKING COMMERCIAL, AND THAT MEANS A PARCEL OF LAND OR A STRUCTURE USED FOR TEMPORARY PARKING OF VEHICLES FOR A FEE WHICH MAY BE CHARGED REGARDLESS OF ANY OTHER FEE OF THE PREMISE.

NOW, THE KEY WORD IN PARKING COMMERCIAL, AND AGAIN, THIS IS FROM, UH, THE TEXT.

IT'S NOT US MAKING IT UP.

THE KEY WORD HERE THAT WE WANT TO FOCUS ON IS VEHICLES WITH PARKING COMMERCIAL, THE ULDC APPENDIX, A DEFINITIONS ON PAGE 19 HELPS US ANSWER THE QUESTION, WHAT IS A COMMERCIAL VEHICLE? AND IT CLEARLY STATES THAT A COMMERCIAL VEHICLE MEANS MOTOR VEHICLE OR OTHER COMBINATION OF MOTOR VEHICLES USED TO TRANSPORT PASSENGERS OR PROPERTY.

THAT ONE HAS A GROSS COMBINATION WEIGHT RATING OF 26,001 POUNDS OR MORE, INCLUDING THE TOWED WEIGHT OF A UNIT WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN 10,000 POUNDS.

THAT'S HOW WE'RE GETTING OUR DEFINITION OF WHAT A COMMERCIAL VEHICLE IS.

THIS WILL SUM UP, UH, FROM OUR PRIOR SLIDE WHEN WE'RE TALKING ABOUT PARKING COMMERCIAL, AND WE'LL SEE THAT THE KEY WORD, UH, FOR PARKING COMMERCIAL IS GONNA BE VEHICLES.

AND A VEHICLE COMMERCIAL, WHICH IS LISTED THE EXACT SAME WAY IN THE EXACT SAME ORDER, IS GONNA BE THE MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES FOR COMMERCIAL PARKING.

NOW, WHAT IS A MOTOR VEHICLE? AND AS MR. SCRIBNER, UH, ALLUDED TO, THERE IS NOT A BLACK AND WHITE DEFINITION OF WHAT A MOTOR VEHICLE IS WITHIN THE ULDC.

SO WHAT DO WE DO NEXT? WE LOOK AT THE CITY ORDINANCE AND CODES AND THE CITY ORDINANCE OF CHAPTER 94.

ARTICLE ONE, SECTION 94.1 GIVES US DEFINITION OF WHAT IS A MOTOR VEHICLE.

AND ACCORDING TO THE CITY OF BAYTOWN ORDINANCE, A MOTOR VEHICLE MEANS A VEHICLE MACHINE, TRACTOR TRAILER, OR SEMI TRAILER PROPELLED OR DRAWN BY MECHANICAL POWER AND USED ON A HIGHWAY.

WHAT CONCLUSIONS CAN WE REACH BASED ON THE ULDC TEXT AND THE CITY ORDINANCE TEXT AS IT APPLIES TO THIS GENERAL COMMERCIAL, UH, WITH NO CONDITION ZONE? SO DOES THE USE FOR COMMERCIAL PARKING INCLUDE SEMI TRUCKS? AND THE ANSWER TO THAT FOLLOWING THE ANALYSIS THAT WE JUST OUTLINED DIRECTLY FROM THE TEXT OF THE ULDC AND THE CITY OF BAYTOWN ORDINANCE IS YES.

UH, ONCE WE LOOK AT THIS, UH, DETAILED AND LOGICAL EXPLANATION, WE SEE THAT WE HAVE A PARKING COMMERCIAL ZONE USED FOR THE TEMPORARY PAR, UH, PARKING OF VEHICLES FOR A FEE.

THE VEHICLE COMMERCIAL VEHICLE COMMERCIAL WE TALKED ABOUT MEANS A MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES, AND THEN THE DEFINITION OF A MOTOR VEHICLE MEANS A VEHICLE MACHINE, TRACTOR TRAILER, OR SEMI TRAILER PROPELLED OR DRAWN BY MECHANICAL POWER AND USED ON THE HIGHWAY.

THIS CLEARLY ALLOWS FOR THE TYPE OF PROJECT THAT MY CLIENTS WANT TO BUILD AND WHAT THEY ORIGINALLY PURCHASED THIS LAND FOR ALL THE WAY BACK IN 2019.

NOW, WE WANTED TO GIVE YOU ANOTHER SCHEMATIC, AND WE SAW A PICTURE SIMILAR TO THIS IN THE, IN THE PAST, UM, PRESENTATION.

BUT AGAIN, HERE'S THE PROPERTY BORDERED.

IN YELLOW, WE HAVE TRAVIS TO TRAVIS STREET, TO THE NORTH LEE ROAD TO, UH, NORTH AND SOUTH.

AND THEN THAT'S HIGHWAY 99.

WE CAN SEE IN THIS AREA.

PART OF THE CONCERN WAS, UH, TRACTOR TRAILERS, UH, COMING IN AND OUT FOR THE NEIGHBORHOOD USE, BUT WE CAN ALREADY SEE CURRENTLY RIGHT NOW, THERE'S A BIG THROW DOWN YARD WITH TRACTOR TRAILERS AND OTHER STORAGE MATERIALS ON IT.

UM, TO THE SOUTHWEST, DIRECTLY SOUTH OF THIS PROPERTY THAT BORDERS, UH, OUR PROPERTY, THERE'S A WASTER AND

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NOW, OBVIOUSLY, WE'RE GONNA DEVELOP THIS LAND INTO THE PARKING FACILITY, AND I'LL SHOW YOU ONE MORE SCHEMATIC AFTER HERE.

BUT WHAT WE WANT TO MAKE SURE THAT EVERYONE UNDERSTANDS IS WE WILL SEE THE, UH, THE DIRT, UH, RIGHT HERE AT THE TOP OF MY RED ARROW WHERE THERE'S A DIRT ROAD COMING OUT THAT'S GONNA BE ALL ASPHALT PROPERTY, UH, GUARD STATION, GUARD, GUARD ARM, AND EVERYTHING LIKE THAT.

THERE'S GONNA BE A RULE IN PLACE FOR THIS FACILITY STATING THAT WHEN EXITING, THE TRUCKS CANNOT MAKE A RIGHT HAND TURN TO GO NORTH ON LEE ROAD.

THEY CAN ONLY MAKE A LEFT HAND TURN TO GO SOUTH ON LEE ROAD TO HIT 99.

AND WHAT IS EVEN OF MORE IMPORTANCE OR, UH, HELPS THE IMPACT USE IS THAT FROM THE ENTRANCE EXIT TO 99 IS ONLY 700 IS ABOUT 730 FEET.

THAT TRANSLATES OUT TO ABOUT 0.13 OF A MILE.

NOW THIS IS THE PROPOSED A SCHEMATIC DRAWING FOR THIS PROJECT.

ONE THING I ALSO WANT TO DIFFERENTIATE FROM THE, UH, THE PARKING FACILITIES THAT ARE ALREADY IN PLACE IS THOSE ARE ALL DIRT ROADS.

UH, THEY'RE NOT VERY NICE.

THE PROJECT THAT WE ARE PROPOSING TO BUILD WILL BE A TOTAL ASPHALT, UH, PAD WITH THE PARKING SPOTS ON IT.

IF YOU'LL SEE TO THE NORTH BETWEEN THE PARKING SPOTS AND, UH, TRAVIS STREET, THERE'S GONNA BE A RETENTION POND.

THERE'LL BE A, UH, A FENCING OF SOME SORT GOING ALONG TRAVIS STREET TO SEPARATE TRAVIS STREET FROM THE PROPERTY.

THEY'RE ALSO, UH, WILL PUT LANDSCAPING AROUND THIS RETENTION POND TO MAKE IT PRETTY.

UH, MY CLIENTS HAVE BEEN IN THE CITY OF BAYTOWN FOR YEARS.

UH, THE PROPERTY WHERE THEIR OFFICE WAS ONCE LOCATED IS NOW THE ELEMENTARY SCHOOL, IS NOW THE ELEMENTARY SCHOOL.

UH, THEY BOUGHT THAT, UH, THEY SOLD THAT PIECE OF PROPERTY TO MOVE THEIR OFFICE TEMPORARILY TO LAPORTE, UM, AND HAD VARIOUS OTHER PLANS, UH, FOR THIS.

BUT THIS IS NOW THE PROJECT TO MOVE FORWARD.

THEY WANT IT TO BE NICE.

THEY'RE FROM THIS AREA.

UH, THEY'RE NOT AN OUTTA TOWN SHOP THAT'S GONNA TURN IT AND BURN IT AND ANYTHING LIKE THAT.

NOW WE NEED TO FOCUS ON ACCESSORY USE VERSUS PRINCIPAL USE AND WHAT ACCESSIBLE USE AND WHAT PRINCIPAL USE OR PRIMARY USE IS, WOULD BE THE TABLES THAT WERE REFERRED TO THAT TRY AND HELP US THINK ABOUT DIFFERENT SCENARIOS, UH, THAT COULD HAPPEN.

OBVIOUSLY, WHEN WE WRITE SOMETHING DOWN, YOU WANT TO PLAN FOR THE FUTURE AND BE MALLEABLE.

NOW, THE, THE STAFF FOUND IN THEIR CONCLUSION THAT IF THEY HAVE AN AREA THAT THAT IS NOT, UH, WITH NEITHER A P, WHICH IS PERMITTED WITH NO CONDITIONS OR PC PERMITTED WITH CONDITION IN THE TABLE, THEN THE USE IS PROHIBITED.

ADDITIONALLY, UH, THE REPORT SAID STAFF STAFF CONSISTENTLY INTERPRETS THIS TO ALSO MEAN THAT IS, IF A SPECIFIC USE IS NOT LISTED IN THE USE TABLE, IT IS NOT PERMITTED AS THERE IS NEITHER A NOR AC.

NOW, THAT MAY VERY WELL BE CONSISTENT WITH PRACTICES IN THE PAST, BUT I'D LIKE TO FOCUS IN A LITTLE BIT MORE AND DIAL IT IN TO HOW THIS LAND IS, HAS BEEN ZONED.

THIS IS TABLE TWO DASH THREE OUT OF THE UL DC.

AND AS YOU CAN SEE AT THE BOTTOM IT SAYS ACCESSORY USE PARKING COMMERCIAL.

IF WE SCROLL, UH, IF YOU LOOK OVER TO THE GC, WHICH THIS LAND IS ZONED FOR, WE'LL SEE A BLANK.

NOW, IT'S A LITTLE MISLEADING WHEN WE LOOK AT IT THIS WAY BECAUSE THE TITLE OF THIS SPECIFIC TABLE IS CALLED ACCESSORY USE.

ACCESSORY USE ARE THE USES, INCIDENTAL AND SUBORDINATE TO THE PRINCIPAL USE.

AND THE FACTS WITH THIS CASE IS THERE ARE NO PLANNED ACCESSORY USES FOR THE PROPERTY.

THIS PROPERTY IS TO BE DEVELOPED INTO A COMMERCIAL PARKING ZONE.

SO BECAUSE THERE IS NO GC, BECAUSE GC IS LEFT BLANK, WE CANNOT DRAW A CONCLUSION THAT THEY CAN'T USE IT FOR THAT DESIGN PURPOSE, BECAUSE THAT IS FOR AN ACCESSORY USE, NOT A PRIMARY USE.

NOW, IF WE FOCUS ON THE, THE SECTION OF THE ULDC, REMEMBER WE'RE STILL UNDER ACCESSORY VERSUS PRIMARY OR PRINCIPAL USE, UH, PARKING COMMERCIAL IS THE PRIMARY USE OF THIS PROPERTY.

THAT IS WHAT'S BEING SUGGESTED.

SO WHAT WE NEED TO LOOK AT IS TABLE 2.2 OF THE ULDC.

[00:30:01]

SO THAT MEANS THAT IT IS PERMITTED WITHOUT CONDITION.

AGAIN, THIS IS THE PLAIN TEXT.

UH, THIS IS WHAT IS WRITTEN DOWN.

THIS IS WHAT HAS BEEN DECIDED ON.

UM, AS WE CAN SEE, YEAH, IF WE REFER TO THE TABLE, IT IS A PERMITTED USE WITHOUT CONDITIONS.

SO THE QUESTION THAT WE ASK IS, WHY IS THE CITY TRYING TO ADD CONDITIONS TO A USE WHERE NONE APPLY? LET'S FOCUS A LITTLE BIT ON COMMERCIAL TRUCKING.

I'M SORRY, COMMERCIAL PARKING VERSUS TRUCK STOP USES ACCORDING FROM, ACCORDING TO THE REPORTS FROM STAFF.

UM, IT HAS BEEN STATED THAT THE PARTICULAR USE SHOULD FALL UNDER A TRUCK, STOP PUTTING MAYBE A LITTLE BIT TOO FORWARD.

THAT IS A REACHING CONCLUSION THAT CANNOT BE SUPPORTED BY ANY TEXT OF THE ULDC, A TRUCK STOP FACILITY, PRIMARILY FOR PARKING, REFUELING, WASHING, AND OR MINOR REPAIRS.

COMMERCIAL VEHICLES MAY AND MAY INCLUDE RETAIL, UH, SALES OF FOOD, BEVERAGES, AND OR OTHER ITEMS FULL-TIME RESTAURANTS.

ANOTHER ISSUE THAT WE'VE HAD, UH, CONVERSATIONS WITH STAFF OUTSIDE THE PRESENCE OF THE BOARD AND STAFF AGREES, AND, AND I'LL LET HIM SPEAK UP IF, IF I'M SAYING THIS WRONG, UM, STAFF UNDERSTANDS THAT THIS PARTICULAR PROPERTY LOCATION IS NOT FIT FOR FACILITIES SUCH AS RESTAURANTS, RETAIL, GROCERY STORES, COFFEE SHOPS.

IT'S, IT'S IN A INDUSTRIAL AREA.

AND THAT'S JUST NOT THE TYPE OF BUSINESS THAT THE CITY CAN ATTRACT FOR THIS SPECIFIC PARCEL OF LAND.

AGAIN, COMMERCIAL PARKING VERSUS TRUCK STOP USE.

WHERE DOES IT SAY SEMI TRAILER IN THE DEFINITION OF THE TRUCK STOP.

AND THE ANSWER TO THAT IS IT DOESN'T.

IT SAYS COMMERCIAL VEHICLES, AND WE USE THE SAME WORD.

SO IT IS BAFFLING TO US HOW YOU CAN INCLUDE, UH, THAT CARS AND SEMI-TRUCK AND PARKING COMMERCIAL FOR CARS AND SEMI-TRUCK IS DIFFERENT.

THAT IS THE FULLY ALLOTTED TIME FOR THREE PEOPLE PER, UH, SIGN UP FOR A PUBLIC HEARING.

WE GOT FIVE THAT WAS 15 MINUTES.

THREE MINUTES.

THREE MINUTES PER PERSON.

PER PERSON.

EXCUSE ME.

I'M ALMOST DONE.

IF I COULD JUST QUICKLY WRAP UP.

I GOT THREE SLIDES.

WRAP IT UP.

OKAY, THANK YOU.

UH, NOTWITHSTANDING WITH THE ULDC PLAIN LANGUAGE STATES, UH, AND STAFF AGREES THAT THIS PARKING, UH, COMMERCIAL PARKING WOULD BE EXTREMELY BENEFICIAL, UH, TO THE CITY.

THERE'S CURRENTLY THE TRUCK STOP, THE WASH AND THE WASTE RECYCLING COMPANIES.

UH, LEE ROAD IS WIDE, WHICH WOULD ADD GREAT ACCESS, UH, IN AND OUT OF THE FACILITY RIGHT NOW, THERE ARE SQUATTERS, HOMELESS AND THIEVES OCCUPYING THE LAND IN THE WOODS.

POLICE HAVE BEEN OUT THERE, ARRESTS HAVE BEEN MADE.

PEOPLE WITH ACTIVE WARRANTS OUTTA THE CITY OF BAYTOWN HAVE BEEN ARRESTED THERE.

MY MIDDLE PICTURE HERE IS WHAT IS GOING ON RECENTLY, WE NOW HAVE DUMP TRUCKS DRIVING ONTO THE PROPERTY AND DUMPING DEBRIS, CONCRETE AND OTHER MATERIALS JUST TO LEAVE THEM THERE.

NOT ONLY IS THAT NOT GOOD FOR THE PEOPLE WHO LIVE IN THE AREA, BUT ALSO NOW MY CLIENTS ARE SPENDING THOUSANDS OF DOLLARS TO CLEAN IT UP, GETTING THE MACHINES OUT THERE, GETTING THE TRUCK DRIVERS OUT THERE, PAYING THE PROPER WAY TO DISPOSE OF THESE THINGS.

THE MIDDLE PICTURE IS GOING ON WITHIN THE LAST FEW MONTHS.

REALLY QUICK ON THIS, THIS IS A SIGN OF ALL THE OTHER TRUCK STOPS AROUND THE AREA.

YOU CAN SEE THE BA THE POTENTIAL BAY LAND COMMERCIAL PARKING, UH, IS RIGHT DOWN HERE.

UH, IT'S IN THE SAME ZONE THAT WE ALREADY SEE THIS TYPE OF ACTIVITY OCCURRING.

SO IN CONCLUSION, UH, IT IS SIMPLE TO SEE THAT THE BASIC PLAIN TEXT FROM THE ULDC SUPPORTS THE PROJECT THAT MY CLIENTS ARE TRYING TO DO.

THE PROPERTY IS ZONED GENERAL COMMERCIAL IN TABLE TWO DASH TWO OF THE ULDC PROVIDES THAT THE PRIMARY USE OF COMMERCIAL PARKING IS PERMITTED WITHOUT CONDITION.

THE ULDC PROVIDES THAT COMMERCIAL PARKING IS USED FOR TEMPORARY PARKING OF VEHICLES FOR A FEE.

A COMMERCIAL VEHICLE MEANS MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES.

UH, SOME, SORRY, COMMERCIAL VEHICLE MOTOR VEHICLE MEANS A VEHICLE MACHINE, TRACTOR TRAILER, OR SEMI TRAILER

[00:35:01]

UH, WE RESPECTFULLY ASK THAT THE BOARD, UH, DISAGREE WITH THE STAFF'S RECOMMENDATION AND ALLOW THIS PROJECT TO GO FORWARD.

I'M MORE THAN HAPPY TO ANSWER ANY QUESTIONS IF THERE ARE ANY BOARD, ANY QUESTIONS, PLEASE, WHETHER THE DEFINITION IS CORRECT.

WELL, LET'S ASK IF WE HAVE QUESTIONS OF HIM, THEN WE'LL GET INTO SOME OF OUR OWN QUESTIONS, WHICH I HAVE A COUPLE OF.

YEAH.

ANY QUESTIONS FOR HIM? NO, THANK YOU, SIR.

I'M SORRY.

DID YOU, OKAY, GOOD.

NOPE, NOPE.

OKAY.

UM, LET'S HAVE DISCUSSIONS ON OUR OWN AND ANY ANY FURTHER QUESTIONS FOR MR. SCRIBNER.

I'M GONNA START WITH, AND BY THE WAY, EXCELLENT PRESENTATION OF THE CONCEPTS AND, AND EVERYTHING.

HOWEVER, AND THIS IS WHERE I WANT YOU TO CORRECT ME IF I'M WRONG, UH, MARTIN, YOU KNOW, AND I WAS, I WAS MAKING NOTES OF ALL THIS NOT STUFF TO GET THE GROCERY TONIGHT.

SO, UM, UM, AS YOU SAID, AND BE SURE I'M RIGHT IN SAYING THIS, WHAT THIS APPEAL IS ABOUT, IS YOUR INTERPRETATION OF THE ULDC HAVING EXACTLY NOTHING TO DO SPECIFICALLY WITH THIS SITE AND THIS SITE DEVELOPMENT OR POTENTIAL DEVELOPMENT, RIGHT? THAT'S CORRECT.

OKAY.

UM, SO I'M SEEING OUR JOB, TO ANSWER YOUR QUESTION, UM, DO WE AGREE OR DISAGREE WITH STAFF'S INTERPRET OR WITH MARTIN'S INTERPRETATION AND STAFF'S RECOMMENDATION, UM, OF THE ULDC? NOT NECESSARILY, NOT NECESSARILY.

NOT EVEN SPECIFICALLY WHETHER THIS IS A GOOD OR BAD RIGHT PROJECT.

AND IF I HEARD YOU RIGHT AND SAW THE, THE SCREENS, RIGHT, UM, THERE WERE TWO OR THREE PRECEDENTS THAT THE PAST WHERE SEMI TRUCKS WERE REQUESTED TO BE ABLE TO BE PARKED IN GC AND WERE DENIED THAT'S CORRECT.

'CAUSE OF THE PRIOR INTERPRETATIONS OF THE ULDC IN THOSE PARTICULAR CASES.

THAT'S CORRECT.

AND MY THOUGHT ON THAT IS, ALTHOUGH YOU DON'T ALWAYS HAVE TO FOLLOW PRESIDENTS, BUT IT'S GENERALLY A PROPER THING IN MY MIND THAT YOU DO FOLLOW PRESIDENTS BECAUSE THERE'S BEEN ACTIVITY IN ANALYZING ALL OF THOSE.

UM, AND, AND INDEED, UM, THIS COULD, COULD PROBABLY BE A VERY GREAT PRODUCT FOR THE SEMI-TRUCKS THAT NEED TO PARK SOMEWHERE.

UM, BUT THAT'S NOT OUR JOB, UH, TO DECIDE WHETHER IT'S A GOOD OR BAD PROJECT.

SO, UM, IT'S OUR DECISION THAT A COMMERCIAL VEHICLE WHAT IT, WHAT, WHAT ARE WE ACTUALLY, SO, SO YEAH, LET ME, I I WASN'T PART OF THE LAST, UH, MEETING.

YEAH, NEITHER WAS I, BUT YOU KNOW, THE WAY IT STARTED, UH, MR. SCRIBNER VERY CLEARLY SAID, WE'RE NOT TALKING ABOUT THE SPECIFIC PROJECT.

WE'RE TALKING ABOUT THE INTERPRETATION OF THE TEXT AND ULDC LACKING SPECIFIC DEFINITION.

AND, AND HE WENT THROUGH HIS, HIS REASONING FOR THAT INTERPRETATION.

IT ALL MAKES SENSE.

I THINK WE HEARD IT THE VERY FIRST TIME WE HEARD, UH, THIS, UH, UH, THIS PROJECT, YOU KNOW, FOR, FOR THE USE.

AND, AND I THINK AT THE TIME, FOR ALL THE SAME REASONS, PRECEDENTS AND INTERPRETATION, UH, AND APPLYING IT CITYWIDE, UH, THAT, THAT IT, IT, IT WAS, I BELIEVE IN MY MIND, CORRECT, THAT WE, WE DID NOT AGREE, BUT WE AGREED WITH THE INTERPRETATION AND, AND THAT, THAT SOMETHING NEEDED TO BE DONE SHORT OF, YOU KNOW, GOING BACK AND CLEANING UP THE LANGUAGE IN ULDC, WHICH I KNOW DOESN'T HAPPEN IN, IN A MONTH.

UM, SO WHAT I'M LOOKING AT TODAY, UH, 'CAUSE I, I CAME IN HERE, YOU KNOW, UNLESS I HEAR SOMETHING DIFFERENT THAN WHAT WE HEARD LAST TIME, IT WAS PRETTY CLEAR.

BUT, BUT THE LAST SLIDE THAT WE WERE GIVEN, UH, PROVIDES AN INTERPRETATION DIRECTLY FROM ULDC FOLLOWING THE, THE LANGUAGE THAT'S THERE.

AND IT MAY TAKE FOUR OR FIVE STEPS TO GET TO A CONCLUSION, WHICH SHOULD BE THERE IN ONE STEP.

UH, BUT IF WE FOLLOW ALL THIS WRITTEN TEXT ON, ON THESE DEFINITIONS AND MANEUVER OUR WAY THROUGH AS WAS PRESENTED HERE, UH, WE DO CLEARLY GET TO THE POINT THAT

[00:40:01]

CAN I, AND THAT'S BEEN THE WHOLE CONTEXT OF THIS INTERPRETATION.

AND SO WHAT I'M SEEING HERE IS, UM, UNLESS I'M SEEING THIS WRONG, THAT WE'VE BEEN GIVEN AN INTERPRETATION OF WHAT IT MEANS WITHOUT IT SPECIFICALLY SAYING IT.

AND IT CAME FROM ULDC TEXT.

IT, IT DID NOT COME FROM THE LDC TEXT.

THIS IS NOT ULDC TEXT.

IT CAME FROM ANOTHER CHAPTER OF CITY CODE THAT DOES NOT APPLY NECESSARILY TO ULDC.

OKAY.

WELL THAT WAS A LITTLE DECEIVING THEN, BECAUSE I THOUGHT THIS WAS ULDC TEXT.

THE, UM, CHAPTER 94 IS THE MOTOR VEHICLE VEHICLE COMES FROM CHAPTER NINE FOUR, NOT DEFINED IN U LDC ONE, TWO, AND THREE FOR ULDC.

LANE MOTOR VEHICLE IS NOT, I BELIEVE I SAID THIS MOTOR VEHICLE IS NOT, UH, DEFINED IN YOU LD.

SO WE WENT TO THE TICKET ORDINANCE.

OKAY.

SO THE FIRST THREE, YOU'RE, YOU'RE PATH DOWN TO A COMMERCIAL VEHICLE IS FROM THIS ULDC YES.

SPECIFIC CODE.

YES.

AND THEN THE FILE INTERPRETATION IS ANOTHER CODE IN CITIES.

THAT'S CORRECT.

YEAH.

UM, YEAH.

SO, UM, OKAY, WELL THAT, THAT'S, THAT GIVES ME A LITTLE MORE CLARITY THERE.

'CAUSE I'M STILL PROCESSING THE WHOLE, YOU KNOW, I, I, I I, YOU KNOW, SEPARATING THE, THE, THE PROJECT, UM, YOU KNOW, FROM JUST THIS TEXAS, IT APPLIES CITYWIDE GENERAL COMMERCIAL ON GARTH ROAD, NORTH MAINE BAKER ROAD.

ANY PLACE THERE'S GENERAL COMMERCIAL IS WHAT WE'RE TALKING ABOUT, THIS TEXT APPLYING, UM, WITHOUT CLEAR DEFINITION IN THE ULDC CODE FOR THIS PARTICULAR GENERAL COMMERCIAL ZONING ALLOWANCES, UH, THEN YOU, YOU HAVE TO DERIVE, UM, AS MR. SCRIBNER HAS DONE FROM THAT PARTICULAR CODE.

SO THEN THE QUESTION IS, IN MY MIND, ARE WE, ARE WE EXTENDING THAT, DERIVING THAT SUM INTERPRETATION HERE FROM OTHER CITY CODE THAT WOULD HELP US IN THIS DEFINITION? SINCE WE DON'T HAVE CLEAR DEFINITION, MR. LAMOND, MAYBE YOU CAN ASSIST IN THE APPLICABILITY OF THAT DEFINITION AT IN THE ULDC, MR SURE BOARD.

AND WHAT I WOULD SUGGEST IS THAT IF YOU WOULD LIKE, UH, UM, A LEGAL OPINION THAT WE DO SO IN EXECUTIVE SESSION, UH, OF COURSE WE CANNOT DELIBERATE THE MERITS OF THE CASE BACK THERE, BUT WE CAN, UH, ASK QUESTIONS OF THE ATTORNEY AND, UH, I CAN PROVIDE ANSWERS FOR YOU AND SOME GUIDANCE.

WELL, THAT'S JUST, THOSE ARE JUST MY COMMENTS BEFORE I'LL JUMP IN.

AND THEN YOU THREE PLEASE.

ALSO, UM, IN OTHER INSTANCES THAT I'VE BEEN INVOLVED IN IN OUR CITY WHERE SOMEBODY WANTED TO HAVE A USE IN A SPECIFIC DISTRICT, NOT NECESSARILY LIKE THIS, AND THAT USE WAS NOT SPECIFICALLY DELINEATED IN THE CODE.

MY RECOLLECTION IN SOME, UH, THAT I'VE BEEN INVOLVED IN THE USE WAS DENIED.

AND THAT'S BASICALLY WHAT WE'RE SAYING HERE, RIGHT? THAT THAT IS A PIECE OF PUBLIC, BECAUSE IT WAS NOT DELINEATED SPECIFICALLY TO SAY THAT SEMI-TRUCK CAN PARK IN GC, WHICH IS WHY STAFF AND YOU ARE SAYING IT'S DENIED.

UM, I'VE SEEN, I'VE SEEN THAT IN OTHER INSTANCES IN MY CITY, OUR CITY THAT HAVE NOTHING TO DO WITH SEMI-TRUCK OR PARKING, BUT HAD TO DO WITH OTHER USES.

THEY WEREN'T DELINEATED IN THE CODE.

THEY WERE DENIED.

IF THAT HELPS YOU GUYS, STAFF DOES INTERPRET CODE LIKE THAT ON A REGULAR BASIS.

I DID WANT TO POINT OUT TOO THAT, THAT THERE IS, I KNOW MR. UM, SCH NOTE MEN MENTIONED THAT, UM, THAT IT'S BEEN COMPARED TO A TRUCK STOP.

SO THAT IS PART OF PAST INTERPRETATION IS THAT A TRUCK STOP WOULD INCLUDE ONE OF THESE FOUR ITEMS, TRUCK PARKING, TRUCK REFUELING, TRUCK WASHING, OR MINOR REPAIRS ON TRUCKS.

IF, BECAUSE IT SAYS, AND OR IN THE DEFINITION, IT HAS BEEN INTERPRETED IN THE PAST BY STAFF AND UPHELD BY THE BOARD THAT THAT, OR SAYS IF THEY'RE DOING TRUCK PARKING OR REFUELING OR WASHING OR MINOR REPAIRS, ANY OF THE, ONE OF THE FOUR THAT IT FALLS UNDER DEFINITION OF TRUCK STOP.

SO THAT IS A, THAT IS A, ANOTHER KIND OF PIECE OF THIS PUZZLE.

UM, WITH THAT, I WOULD ALSO COME BACK TO THAT OTHER DEFINITION THAT WAS, THAT MR. SCH PUT ON THE, ON THE, UH, THE SCREEN, WHICH

[00:45:01]

I, I I GET WHY THEY BROUGHT THAT IN.

UM, UNDERSTAND THAT THE UL DC DEFINITIONS WERE NOT SPECIFICALLY, UM, DONE IN COMPARISON TO ALL THE OTHER DEFINITIONS AND ALL THE OTHER CODES IN THE CITY.

SO THEY MAY OR MAY NOT BE IN CONFLICT WITH THINGS THAT ARE IN THE ULDC.

SO AGAIN, I WASN'T HERE WHEN THE UL DC WAS WRITTEN, SO I, I, I COULDN'T, I COULDN'T TESTIFY TO THE, THE, THE CLARIFICATION OF EVERY ONE OF THOSE.

BUT WE ALSO DON'T MAKE A HABIT OF GOING BACK AND CHECKING THE DEFINITIONS IN THE ULDC AGAINST EVERY OTHER DEFINITION THAT'S IN THE HOW MANY HUNDRED OR SO CHAPTERS OF CITY CODE.

UM, THAT'S A FLAW IN THE WAY THE SYSTEM CAME ABOUT OVER TIME.

AND, UH, IT IS WHAT IT IS.

BUT AGAIN, IT, IT ISN'T ONE THAT WE'D GO BACK TO ANOTHER CHAPTER OF CITY CODE TO FIND A DEFINITION FOR SAID USE.

WE WOULD LOOK TO THE ULDC THAT SAID, YOU GUYS KNOW THAT WE'RE DOING AN UPDATE TO THE ULDC.

NOW THAT IS ONE THAT WE'VE IDENTIFIED AMONGST TWO DOZEN OTHERS THAT NEED TO HAVE DEFINITIONS IN THE ODC AND IT WILL.

UM, THE OTHER ITEM I WANTED TO POINT OUT THAT STAFF IS IN AGREEMENT THAT THERE IS A NEED FOR SOME, UH, FOR TRUCK PARKING.

HOWEVER, THE APPROPRIATENESS OF IT IN A GC ZONE IS, IS A DIFFERENT CONVERSATION.

AND, AND I, I THINK, UM, AS CHAIRMAN WILSON POINTED OUT, UM, WE'RE NOT REALLY HERE TO ARGUE THE, THE, UM, APPROPRIATE LAND USES FOR THIS PROPERTY OR ANY OTHER PROPERTY.

UM, WE'RE REALLY JUST HERE TO TALK ABOUT HOW DOES THIS FIT? WHAT IS THE DEFINITION? AND AGAIN, I'LL, I'LL POINT OUT THE, THE REASON THIS WAS SPLIT OUT AS A SEPARATE USE FROM COMMERCIAL PARKING IS BECAUSE IT HAS A DIFFERENT IMPACT.

OUR JOB AS THE PLANNERS IS TO LOOK AT THAT AND SAY, HOW DOES THIS IMPACT NEARBY, UH, PROPERTIES? UM, AND IN ANY GC TYPE ZONE, WE DON'T SEE THE, THE REGULAR PARKING OF SEMI-TRUCKS FOR A FEE OR OTHERWISE.

UM, AT, AT LEAST WE'RE NOT SUPPOSED TO DO.

WE SEE 'EM AROUND CITY? YES, WE DO.

UM, BUT, BUT THAT'S NOT PART OF THE CODE.

SO AGAIN, TRYING TO LEND A LITTLE BIT OF CLARIFICATION TO THAT, UH, AS WELL.

AND AGAIN, TO CLARIFY BACK AS WELL, IT'S WHAT THE CODE SAYS, WHAT IT SAYS RIGHT NOW, MAYBE IN THE PROCESS OF GETTING AMENDED, BUT TODAY, DECEMBER 12TH, THAT IS WHAT THE CODE SAYS.

IT'S, IS OUR, IS ARE WE TRYING TO DETERMINE A DEFINITION OF SEMI TRUCKS OR COMMERCIAL PARKING? I MEAN, IF YOU HAVE GENERAL COMMERCIAL PROPERTY AND YOU HAVE NO CONDITIONS, I MEAN THAT PRETTY MUCH IS BLACK AND WHITE.

THERE'S NO CONDITIONS.

UM, YOU'VE GOT A PIECE OF PROPERTY, IT'S GENERAL COMMERCIAL.

YOU HAVE PEOPLE WANTING TO USE IT FOR SOMETHING THAT APPEARS TO FALL UNDERNEATH THAT.

UM, IT, IT ALMOST SEEMS LIKE, I'M NOT GONNA SAY THAT, BUT, UM, I DON'T UNDERSTAND.

I MEAN, THE STATE OF TEXAS, THE, THE DEPARTMENT OF PUBLIC SAFETY DIRECTOR'S OFFICE SAYS SEMI-TRUCK FALLS UNDER COMMERCIAL VEHICLE.

UH, THAT'S WHAT THEY TOLD ME.

YOU KNOW, IF IT HAS TAGS ON IT, IT'S, I MEAN, YOU CAN'T ARGUE THAT.

UH, I, I MEAN, IS A BOAT A VEHICLE? IS IT A BOAT HAS TO HAVE TAGS AS WELL, RIGHT? YES.

SO CAN WE PARK BOATS? IT'S A TRAILER.

CAN WE PARK BOATS IN A, OUT IN FRONT OF KROGER? THEY DO .

OKAY.

UM, OKAY.

YEAH, I CAN KIND OF UNDERSTAND, UH, MAYBE THIS IS WHERE WE GET INTO A LITTLE BIT OF A LEGAL QUESTION, BUT IF, IF A SECTION OF THE CODE THAT'S GEARED TOWARDS ROADWAYS, FOR INSTANCE, HAS THE DEFINITION, UH, THAT APPLIES TO ROADWAYS AND MOTOR VEHICLE CAN APPLY TO EVERY VEHICLE THAT GOES DOWN THE ROAD, WHEN YOU'RE TALKING ABOUT PROPERTY USE, THEN EVERY VEHICLE DOWN THE ROAD GOING DOWN THE ROAD THAT'S ALLOWED TO GO DOWN THE ROAD DEFINED BY THAT DEFINITION MAY NOT BE AN APPROPRIATE DEFINITION FOR THE USE OF THE PROPERTY.

IS THAT, IS THAT WHAT WE'RE LOOKING AT HERE? I, I WOULD AGREE WITH THAT STATEMENT.

SO, SO THE, THE LAST DEFINITION OF VEHICLE COMING FROM ANOTHER PART OF THE CODE THAT HAS NOTHING TO DO WITH LAND USE MAY NOT BE A CORRECT DEFINITION TO APPLY.

I, I WOULD AGREE WITH THAT.

OKAY.

I'M, I'M JUST TRYING TO SEE WHERE THIS PIECES TOGETHER.

I DON'T KNOW IF WE NEED ANY LEGAL, ALL DUE RESPECT.

THE CITY'S GOT TWO BITES OF THIS APPLE, BUT I HAVE JUST ONE LITTLE TINY SLICE.

I I'VE GOT A COUPLE THINGS I'D LIKE, I WOULD PREFER NOT, I THINK, I THINK WE'VE HEARD, I THINK WE'VE HEARD ENOUGH, BUT I'D LIKE YOU GUYS TO

[00:50:01]

WE ARE HERE TO LOOK AT THE CODE AS IT CURRENTLY STANDS AND HOW IT HAS BEEN CONSISTENTLY INTERPRETED IN THE PAST.

WE KNOW THAT FOR A ZONING ORDINANCE TO WORK, IT HAS TO BE CONSISTENTLY INTERPRETED AND APPLIED OVER THE LONG HAUL.

ZONING IS THE LONG GAME TOWARD IMPROVEMENT OF LIVING CONDITIONS IN OUR TOWN.

AND THE WAY IT WORKS IS THE CONSISTENT APPLICATION OF, OF THE INTERPRETATION OF THE CODE AS IT STANDS TODAY OR WHENEVER THE DECISION IS BEING MADE.

CONSISTENCY AND, AND THE PRECEDENT THAT YOU, YOU SPOKE OF MIKE, UM, THAT'S OUR TRACK RECORD.

THAT THAT'S IT.

AND THAT'S WHAT I HAVE TO SAY.

UM, I, I AGREE WITH, UM, WITH BARB IN THAT, SORRY.

AND THAT'S, UM, YOU KNOW, I HAVE TO, I'M A LONG TIME IAN AS WELL, AND SO I'M INVESTED IN, UM, IT'S NOT THE PASSION OF THE PRESENTATION FOR THE PARTICULAR PIECE OF PROPERTY.