* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. GOOD AFTERNOON, [00:00:01] EVERYBODY. UH, SINCE IT'S 4 0 1, LET ME, LET ME CALL TO ORDER THE, UH, BOARD OF ADJUSTMENT MEETING FOR JANUARY 9TH, 2024. AND, UH, FIRST ORDER OF BUSINESS IS TO ASK NA TO DO A ROLL CALL PLEASE. UM, MR. SATANA PRESENT. MS. ROOSTER PRESENT. MR. WILSON PRESENT. MS. ROBERTS PRESENT. IT'S BEEN LIKE THAT ALL DAY. THANK YOU MA'AM. WELL, SEEING THIS HOW WE DO HAVE A QUORUM, UH, LET ME [a. Consider the election of a Chairperson and a Vice-Chairperson of the Board of Adjustment in accordance with Section 2-545 of the Code of Ordinances, Baytown, Texas.] START WITH, UM, ITEM TWO A, UH, WHICH IS TO CONSIDER THE ELECTION OF A CHAIRPERSON AND VICE CHAIRPERSON FOR THE BOARD OF ADJUSTMENT, ACCORDING IN ACCORDANCE WITH SECTION TWO DASH 5 45 TO THE CODE OF ORDINANCES OF BAYTOWN. AND I WOULD, UH, SOLICIT A MOTION THAT COULD INCLUDE BOTH OF THOSE POSITIONS. I MAKE A MOTION THAT MIKE WILSON IS OUR CHAIRPERSON, AND BARB BOOSTER IS OUR VICE CHAIRPERSON. I SECOND THAT. ANY DISCUSSION? ANY DISSENSION? , THERE'RE BEING THAT. ALL IN FAVOR SAY AYE. AYE. AYE. ALL RIGHT. WE ARE ELECTED. [3. MINUTES] ALRIGHTY. UH, ITEM THREE A. LET'S CONSIDER APPROVING THE MINUTES OF DECEMBER 12 AT OUR LAST REGULAR BOARD MEETING. YOU SHOULD HAVE GOTTEN A COPY. ANY QUESTIONS OR CONCERNS? I MOVE TO APPROVE. SECOND. GOT A MOTION. SECOND IN DISCUSSION. IF NONE, ALL IN FAVOR SAY AYE. A. AYE. NONE OPPOSED PASSES. [a. Conduct a public hearing and consider a request for variance from the Unified Land Development Code (ULDC) to encroach five feet into the required 25-foot street side setback at 3135 Garth Road.] UH, ITEM FOUR A, UM, WE HAVE, UH, ON THE AGENDA THREE PUBLIC HEARINGS, BUT WE'RE ACTUALLY ONLY GONNA HAVE TWO. UH, UH, THE APPLICANT FOR FOUR A HAS WITHDRAWN IT AND IS, UH, MEETING WITH CITY STAFF ON, UH, I BELIEVE OTHER OPTIONS. SO I LEFT TWO PUBLIC HEARINGS, WHICH ARE ITEM FOUR B AND FIVE A. AND LET ME READ THE, THE RULES OF THE PUBLIC HEARING, JUST ONE TIME. UH, PUBLIC HEARINGS ARE HELD TO GIVE ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK IN TODAY'S, UH, FOR TODAY'S HEARINGS SHOULD HAVE SIGNED UP ON THE APPROPRIATE LIST OUTSIDE. AND THAT WILL BE THE SPEAKING ORDER FOR EACH PUBLIC HEARING. AND WE'D LIKE EACH SPEAKER TO GIVE HIS OR HER NAME AND ADDRESS SO WE CAN HAVE THAT IN THE RECORD. AND WE ALLOW THREE MINUTES, UH, FOR THE PRESENTATION. AND IF THERE'S A GROUP, WE'D LIKE ONE SPOKEPERSON SPOKESPERSON FOR THE GROUP. AND IF ANYBODY HAS ANY QUESTIONS DURING THE PUBLIC HEARINGS, DIRECT THEM TO MYSELF AND EITHER I OR STAFF WILL ANSWER THEM. ALL RIGHT. SO LET'S GO TO ITEM [b. Conduct a public hearing and consider a request for a variance from the Unified Land Development Code (ULDC) to encroach 1.125 feet into the required five-foot minimum interior side setbacks for the property located at 1116 Riggs Street.] FOUR B AND IF STAFF COULD SUMMARIZE FOUR B FOR US. GOOD EVENING BOARD MEMBERS, FRANCESCA LINDER PLANNING AND DEVELOPMENT SERVICES. THIS FIRST VARIANCE FOR US TODAY IS FOR AN ENCROACHMENT OF 1.125 FEET ON BOTH INTERIOR SIDE SETBACKS FOR A PROPERTY LOCATED AT 1116 RIG STREET, WHICH IS 0.022 ACRES. SO HERE IS THE VICINITY MAP. UH, THE PROPERTY IS LOCATED IN OAKWOOD EDITION NEAR DUKE HILL PARK. UM, THIS MAP USES PROPERTY LINES PROVIDED FROM HARRIS COUNTY APPRAISAL DISTRICT, SO DON'T WORRY THAT THEY'RE A LITTLE OFF. WE'RE GONNA BE SHOWING OTHERS THAT SHOW CORRECTLY WHERE THE PROPERTY IS. THIS IS JUST TO GIVE YOU AN IDEA OF THE VICINITY. THE SUBJECT. PROPERTY AND PROPERTY TO THE EAST, WEST, AND NORTH ARE BOTH, UH, EXCUSE ME, ARE ALL ZONED URBAN NEIGHBORHOOD UN. THE PROPERTY TO THE SOUTH IS ZONED SF TWO. UH, THE APPLICANT IS PROPOSING TO DEVELOP A SINGLE DWELLING UNIT ON THIS PROPERTY, WHICH IS, UM, COMPATIBLE WITH THE ZONING DISTRICT, AND IT IS FALL IN LINE WITH OUR COMPREHENSIVE PLAN. HERE IS A SURVEY OF THE PROPERTY. THE PROPERTY IS 16 FEET WIDE AND 60 FEET LONG. IT WAS SPLIT OFF FROM LOT ONE BLOCK, ONE OAKWOOD EDITION, UM, BACK IN 1952. UM, HERE YOU CAN SEE THAT THE, WHERE THE ACTUAL LOT LINE IS, IT DOES FOLLOW THE SHARED LOT BETWEEN, EXCUSE ME, THE SHARED BOUNDARY LINE BETWEEN LOT ONE AND LOT FOUR. UM, BECAUSE THIS WAS SPLIT OFF FROM THE MAIN LOT BACK IN 1952, [00:05:01] IT DOES QUALIFY FOR A PLAT CERTIFICATION. THIS BASICALLY EXEMPTS IT FROM HAVING TO GO THROUGH REPLANTING PROCESS TO DEVELOP IT. IT ALSO IS GOING TO, UM, ALLOW IT TO, UH, QUALIFY FOR A FEW OTHER EXEMPTIONS, UM, FROM THE ULDC, FOR EXAMPLE. LOT COVER, OH, EXCUSE ME, NOT LOT COVERAGE. UM, LOT MINIMUM AND LOT FRONTAGE. HERE IS THE SITE PLAN. AGAIN, THEY ARE PROPOSING A SINGLE DWELLING UNIT. UH, THE APPLICANT REACHED OUT TO STAFF AND DISCUSSED THIS AND HOW THEY COULD DEVELOP IT. UM, THIS IS THE MOST RECENT RENDITION OF THE PLANS DURING THIS DISCUSSION. UM, ONE OF THE ITEMS THAT DID COME UP IS THAT TO MEET BUILDING CODE REQUIREMENTS, YOU DO HAVE TO HAVE A ROOM THAT IS SEVEN FEET. UH, BECAUSE OF THE SIZE OF THIS PROPERTY, THEY'RE NOT ABLE TO ACCOMMODATE THAT AND ACCOMMODATE THE SIDE SETBACKS. THIS IS A LITTLE HARD TO READ, SO WE'RE GONNA SHOW A BETTER GRAPH IN A MOMENT. AND HERE IS THE FRONT ELEVATION. TWO STORIES, ONE UNIT. OKAY, SO THE RED DOES SHOW THE PROPERTY. SO 60 FEET LONG BY 16, 16 FEET WIDE. THE TEAL SHOWS THE SETBACKS, 15 IN THE FRONT ALONG RIG STREET, 10 IN THE REAR, AND FIVE FEET OFF OF BOTH SIDES. HERE IS THE BUILDABLE AREA, BASICALLY SIX FEET WIDE AND 35 FEET LONG, WHICH IS 210 SQUARE FEET. WHAT THEY'RE PROPOSING IS TO ENCROACH, AGAIN, 1.125 FEET ON EACH OF THE INTERIOR SIDES. AND THAT WILL BASICALLY LEAVE A SIDE SETBACK OF THREE FEET, 10 AND A HALF INCHES. AND THAT'S GOING TO INCREASE THE BUILDABLE, UH, SQUARE FEET UP TO 288. IT'S GOING TO ALLOW THEM TO MEET THE SEVEN FOOT, UM, WIDTH FOR THE STRUCTURE AND A LITTLE MORE. UM, SOMETHING ELSE I'D LIKE TO POINT OUT, BECAUSE THE SETBACK IS NOW GONNA BE LESS THAN FIVE FEET. ANOTHER BUILDING CODE REQUIREMENT KICKS IN. IT NOW REQUIRES THAT THE EXTERIOR WALLS ON EACH OF THE SIDE LOTS WILL NOT HAVE TO BE FIRE RATED, SO IT'LL STILL MAINTAIN THAT SAFETY. D AND HERE IS ANOTHER MAP. THIS HAS THE SITE PLAN LAID OVER IT. IT'S NOT PERFECTLY TO SCALE, BUT IT GIVES YOU AN IDEA. SO SOMETHING I'D LIKE TO POINT OUT WITH THIS IS, UM, THE BUILDING THAT'S BEING PROPOSED WILL MEET THE FRONT SETBACK LINE, WHICH IS 15 FEET. HOWEVER, THE PROPERTY, UH, ADJACENT TO IT IS BUILT ABOUT TWICE THAT DISTANCE THE SAME FOR THE OTHER PROPERTY. IN THIS MAP. HERE IS THE SITE LOOKING STRAIGHT ON. AND HERE IS IT WITH IT ROUGHLY OUTLINED. INCREDIBLE. HERE IS STANDING ACROSS THE STREET FROM THE PROPERTY AND LOOKING WESTWARD. YOU CAN SEE THE SINGLE FAMILY HOMES THAT ARE CONSTRUCTED THERE. YOU CAN ALSO SEE ME ON THE CORNER, FORGOT TO CROP THAT. UH, IF, UH, FROM HERE WE'RE STANDING ACROSS THE STREET LOOKING TOWARD THE EAST, AND YOU CAN SEE THE MANUFACTURED HOMES IN THE AREA. AND HERE IS STANDING ON THE SUBJECT PROPERTY LOOKING ACROSS THE STREET, WHICH IS ALSO A MANUFACTURED HOME. THIS, UH, VARIANCE DOES MEET THE CRITERIA LISTED IN THE, UH, ULDC AND STAFF DOES RECOMMEND, UH, APPROVAL OF THIS VARIANCE. VERY GOOD, THANK YOU. WE DO HAVE ONE SPEAKER, MR. EDWARD WILLIAMS. IF YOU WOULD GIVE US YOUR NAME AND ADDRESS. EDWARD WILLIAMS, 1200 RED STREET, BAYTOWN 7 7 5 2 0. UH, IF THE STAFF IS RECOMMENDING THE, TO APPROVE THE REQUEST, I CONCUR WITH THEM. I'M THE ONE WHO ASKS FOR THE REQUEST, SO AS LONG AS THEY'RE AGREEING WITH THE REQUEST, I HAVE NO, NO COMMENTS, BUT I'M READY TO BILL . OKAY, SO, SO YOU'RE IN FAVOR OF YES. GOING AHEAD AND GETTING BUILDING? YES. VERY GOOD. YES. OKAY. IS THAT ALL? THAT'S IT. OKAY. THANK YOU, SIR. HOPE THAT Y'ALL GO AHEAD AND AGREE WITH THE STAFF. THANK YOU THERE BEING NO OTHER SPEAKERS. WHEN WE CLOSE THE PUBLIC HEARING AND ASK, UH, STAFF TO GO THROUGH THE CRITERIA, AM I DOING THIS RIGHT? NA, IF YOU'D [00:10:01] LIKE FOR STAFF TO GO THROUGH THE CRITERIA, WE CERTAINLY, YEAH, WE NEED TO, AND I JUST REMIND THE BOARD, AS I ALWAYS DO, THAT, UH, THE CRITERIA ALL HAVE TO BE MET FOR US TO APPROVE THE VARIANCE. SO BEFORE WE GO THROUGH THEM, UM, STAFF DOES, UH, DOES STATE THAT ALL OF THESE CRITERIA ARE MET. UM, SOME OF THEM INVOLVE A LITTLE MORE FLEXIBILITY AND YOU MAY DISAGREE WITH THAT, BUT GENERALLY WE DO, UM, SUPPORT THIS APPLICATION AND ALL OF THESE CRITERIA. UM, SO I'M NOT SURE EXACTLY HOW DETAILED YOU WANT ME TO GO WITH THIS. UM, I KNOW THERE'S A COUPLE THAT WE WANNA TALK ABOUT SPECIFICALLY. NUMBER FIVE, UM, FURTHERS THE GOALS AND VISIONS OF THE CITY AS SET FORTH IN THE COMPREHENSIVE PLAN. UM, SO THE COMPREHENSIVE PLAN DOES, UM, ADDRESS INFILL DEVELOPMENT AND HOUSING SEVERAL TIMES IN THE STAFF REPORT. I'VE CALLED OUT THREE SPECIFIC, UM, UH, THREE MOST APPLICABLE AREAS. ONE IS THAT INFILL DEVELOPMENT, UH, IS ONE OF THE MAIN GOALS OF THE LAND USE PLAN. UM, ANOTHER ONE WAS WE WANT TO EN ENCOURAGE MIDDLE HOUSING. AND THE THIRD ONE IS THAT IT'S A RECOMMENDATION TO CONSOLIDATE LOTS IN ORDER TO ENCOURAGE BROADER, UM, REINVESTMENT IN THE AREA. ESSENTIALLY, IF, IF THERE'S LESS, UH, RESTRICTIONS ON PROPERTY, IT'S EASIER TO DEVELOP, IT'S EASIER TO BRING AN OUTSIDE MONEY TO DEVELOP THE PROPERTY. UM, THIS MEETS THE FIRST TWO VERY CLEARLY, I WOULD SAY. UM, THE THIRD ONE, IT IS NOT CONSOLIDATED. CONSOLIDATING THE PROPERTY ADJACENT TO IT IS CURRENTLY VACANT. IT IS OWNED BY GOOSE CREEK, CISD, I'M TRYING TO BACK UP. HERE WE GO. THE REST OF THIS LOT IS OWNED BY GOOSE CREEK, CISD, AND THEN THE OTHER ONE IS GOING TO BE NUMBER SIX, OOPS. ONE TOO FAR. UH, IT'S GENERALLY CONSISTENT WITH THE PURPOSES AND INTENT OF THE UNIFIED LAND DEVELOPMENT CODE. UM, STAFF DOES THINK THIS GENERALLY IS CONSISTENT WITH THAT. UM, ONE OF THE MAIN TENETS OF THE ULDC IS SAFETY. UM, THE SAFETY WILL BE MAINTAINED THROUGH THIS VARIANCE BECAUSE OF THE ADDITIONAL REQUIREMENTS KICKED IN BY THE BUILDING CODE. FOR EXAMPLE, THE ADDITIONAL FIRE RATED WALL ON THE TWO SIDES THAT HAVE LESS THAN FIVE FOOT SETBACK. IF THERE'S ANY ADDITIONAL QUESTIONS, I'M HAPPY TO ANSWER THEM. MR. CHASE. YEAH, BUT SURE. I'VE, I'VE READ THROUGH THE, THE DETAILED EXPLANATION OF EACH OF THE CRITERIA, UH, THAT THAT WAS IN THE PACKAGE, AND I, I SORT OF AGREE WITH THEIR EXPLANATION OF HOW THE, THE REQUIREMENTS WERE MET. I DON'T, I DON'T HAVE ANY QUESTIONS OVER ANY OF THOSE. OKAY. SO YOU AGREE ALL 10? I I ARE GOOD TO GO. I BELIEVE THEIR EXPLANATION OF HOW THEY AGREE. I, I AGREE WITH YOU. COOL. MS. WORCESTER, ANY COMMENTS? NO COMMENTS? NO. UM, FOR ME. OKAY. AND, AND, AND I ALSO AGREE, AND I, I THINK IT'S A REALLY COOL THING TO BUILD THE HOUSE YOU'RE GONNA BUILD THERE, UH, IN THE, IN THE NEIGHBORHOOD IS JUST AS STAFF IS RECOMMENDING, IT'S A GOOD THING. UM, IF THERE ARE NO OTHER QUESTIONS, I WOULD ASK FOR A MOTION TO APPROVE THE VARIANCE AS, UH, AS REQUESTED IN ITEM FOUR B, I MOVE TO APPROVE THE REQUIREMENTS AS REQUESTED. ITEM FOUR B. SECOND. SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. MOTION PASSES. VARIANCE IS APPROVED. GET THE BUILDING, SIR. THANK YOU. ALL RIGHTY. UM, OUR [a. Conduct a public hearing and consider a request regarding a special exception from the Unified Land Development Code (ULDC) to allow a reduction of the required building setback and vegetative buffer for a Manufacturing (light) facility in a General Commercial (GC) Zoning District at 7414 Bayway Drive.] NEXT ITEM IS, UH, ITEM FIVE A. UH, I'VE ALREADY READ THE RULES OF THE PUBLIC HEARING, UM, AND I DIDN'T READ A MINUTE AGO THE DETAILS, BUT THIS IS REGARDING A SPECIAL EXCEPTION FROM THE ULDC TO ALLOW THE REDUCTION OF THE REQUIRED BUILDING SETBACK AND VEGETATED BUFFER FOR A MANUFACTURING LIGHT, A MANUFACTURING FACILITY IN THE GENERAL COMMERCIAL ZONING DISTRICT. UH, THAT'S SPECIFICALLY BEING 74 14 BAYWAY DRIVE. AND IF WE COULD ASK STAFF TO SUMMARIZE, UH, THE VARIANCE REQUEST. SURE. UH, THANK YOU MR. CHAIRMAN. GOOD AFTERNOON BOARD, UH, EMELIA VARRIO SENIOR PLANNER. UH, THIS REQUEST IS FOR A SPECIAL EXCEPTION TO CONDITIONS FOR, UH, MANUFACTURING LIGHT FACILITIES, UH, WHEN THEY ARE PERMITTED WITH THE CONDITIONS IN THE GENERAL ZONING, UH, COMMERCIAL DISTRICT, SPECIFICALLY, UH, CONDITION 48.5 B, WHICH REQUIRES, UH, THE MINIMUM BUILDING SETBACK SHALL BE A HUNDRED, UH, FEET WITH WITHIN THE SETBACK. A 50 FOOT OPEN SPACE AND 50 FOOT VEGETATIVE BUFFER SHALL BE PROVIDED. AND WE SHOULD SPECIFY [00:15:01] THE EXACT REQUEST BEFORE YOU TODAY BECAUSE THE AGENDA LANGUAGE, UH, ENCOMPASSED THE ENTIRETY OF THE REQUEST, INCLUDING THAT WAS INCLUDED IN THE INITIAL APPLICATION, UH, WHICH INCLUDED A REQUEST FOR THE EXCEPTION TO DEVIATE FROM THE 100 FOOT BUILDING SETBACK AS PRESCRIBED. HOWEVER, THE APPLICANT HAS, UH, MODIFIED THE DEVELOPMENT PLAN TO ACCOMMODATE FOR THAT 100 FOOT BUILDING SETBACK, LEAVING ONLY FOR TODAY'S CONSIDERATION, THE SPECIAL EXCEPTION, UH, TO THE 50 FOOT OPEN SPACE AND 50 FOOT VEGETATIVE BUFFER WITHIN SET SETBACK AREA. SO THAT'S WHAT WE'RE GONNA BE GOING THROUGH TODAY. BEFORE WE DO THAT, WE CAN ORIENT OURSELVES WITH THE, UH, SUBJECT SITE, APPROXIMATELY, UH, 10.83 ACRES LOCATED AT 74 14 BAYWAY DRIVE NORTH OF THE INTERSECTION OF WEST BAKER ROAD ALONG BAYWAY DRIVE. UM, CURRENTLY SITUATED ON THIS SITE IS, UH, THE SHINER'S TAVERN AND A VACANT COMMERCIAL BUILDING FOR WHICH THE, UH, PROPERTY OWNER PLANS TO DEMOLISH EVENTUALLY, UH, SHOULD THIS PROJECT BE APPROVED AND AND CONSTRUCTED. UH, THE VAST MIDDLE OF THE, THE REAR PORTION OF THE PROPERTY IS VACANT, UNDEVELOPED AT THIS TIME. UM, ZONING FOR THE SURROUNDING AREA AROUND THE, UM, THE SUBJECT PROPERTY, UH, WITH THE SUBJECT PROPERTY BEING GENERAL COMMERCIAL WITH LIGHT INDUSTRIAL TO THE NORTH AND THE EAST BEING, UM, PROPERTY THAT EXXON MOBIL OWNS AS PART OF THEIR GREEN BELT PROGRAM. UM, ALSO TO THE NORTH BEING IN THE MIDDLETON STREET, AN IMPROVED RIGHT OF WAY NORTH OF THAT BEING, UM, AN NSC, UH, ZONE OF PROPERTY. AND NSC BEING ALSO ZONED ACROSS THE STREET DIRECTLY TO THE WEST OF THE, UH, BAYWAY DRIVE RIGHT OF WAY. UH, AND THEN YOU HAVE GENERAL COMMERCIAL TO THE SOUTH, UM, WHERE A VAST MAJORITY OF THAT IS, UH, THE ST. JAMES PLACE ASSISTED LIVING FACILITY, UH, WHICH IS AGAIN, LIKE THE SUBJECT PROPERTY ZONE, GENERAL COMMERCIAL. SO, UM, WITH THIS LAND USE CLASS, UH, CLASSIFICATION AS MANUFACTURED MANUFACTURING LIGHT FACILITY, THE PROPERTY OWNER, UM, EL MATADOR FOODS IS SPECIFICALLY PROPOSING TO BUILD WHAT THEY DEEM A FOOD PROCESSING FACILITY, WHICH FITS INTO THAT, UH, DEFINITION OF MANUFACTURING LIGHT FACILITY, UH, WHICH THEY WOULD, UH, WHICH WOULD SERVE AS A FACILITY TO PRIMARILY PRODUCE TORTILLAS AND TORTILLA PRODUCTS. UM, THEY CONDUCT SIMILAR ACTIVITIES AT AT LEAST TWO OTHER FACILITIES IN THE BAYWAY CORRIDOR AREA. UM, ONE THAT IS ESSENTIALLY ACROSS THE STREET AT 72 0 1 BAYWAY DRIVE AND THE OTHER NEAR SPUR THREE 30. UM, THE CONSTRUCTION OF THIS FACILITY, SPECIFICALLY AS IT RELATES TO THE REQUESTS, IS, UH, AN EFFORT TOWARDS CONSOLIDATING ALL THEIR ACTIVITIES ONTO ONE PROPERTY. SO FOR CODE COMPLIANCE PURPOSES, AMONG OTHER THINGS, UM, CONCERNING CRITICAL LIFE SAFETY REQUIREMENTS. AND WHAT THE CONFIGURATION OF THE PROPOSED BUILDING AS YOU SEE, UH, IN THE CONTEXT OF THE SOMEWHAT NARROWNESS OF THE LOT, UM, IS CONSTRAINING, UH, IS PUSHING THE IMPROVEMENTS TOWARDS THE PERIMETER OF THE, UM, THE SUBJECT PROPERTY, THE BOUNDARIES. AND IT'S CREATING CONDITIONS, UH, THAT ARE DIFFICULT FOR THE, UH, APPLICANT TO DEVELOP THE PROPERTY, UM, AS THEY INTEND TO DEVELOP IT, SPECIFICALLY AS IT RELATES TO ACCOMMODATING FOR THE OPEN SPACE AREA AND FOR THE, UH, VEGETATIVE BUFFER AREA. UM, BECAUSE TO THE NORTH, UH, PROPERTY BOUNDARY, IT'S SOMEWHAT BOWED AND A SKEWED. SO IT'S KIND OF HARD, DIFFICULT TO GIVE YOU THE KIND OF EXACT DEVIATION THAT THEY'RE LOOKING AT. UH, GENERALLY ALONG THE SOUTHERN BOUNDARY IS PROBABLY THE MOST CONSISTENT, UH, AREA WHERE THEY'RE PRO ABLE TO PROVIDE FOR ABOUT TWO, FOUR FOOT, UM, OF THE 50 FOOT VEGETATIVE BUFFER. AND THEN AS IT RELATES TO SOME OF THE OPEN SPACE AREA ALONG THE SOUTHERN PART OF THE, UH, PROPOSED BUILDING THERE, THEY'RE ABLE TO DO ABOUT 30 FEET OF THAT, THAT ISN'T ENCUMBERED WITH, UM, DRIVEWAYS AND FIRE LANES, ET CETERA. UH, IN TERMS OF, UH, LAND USE COMPATIBILITY WITH THE EX, UH, EXISTING AND ADJACENT USES IN ZONING DISTRICTS, UH, STAFF BELIEVES THAT, UH, THE PROPOSED PROJECT AND REQUESTED SPECIAL EXCEPTIONS WOULD MAINTAIN A SIMILAR LEVEL OF LAND USE COMPATIBILITY WITH THE VICINITY. AND TO THAT END, THE APPLICANT HAS ACTUALLY, UH, PROPOSED THEIR TRUCK LOADING AND LOADING DOCKS, LOADING BAYS ALONG THE NORTHERN, UH, PROPERTY BOUNDARY AS, UH, AS IT'S ADJACENT TO ALLY AREAS AND PROPERTY OWNED BY AXON, AND THEN THE MIDDLETON STREET RIGHT OF WAY. SO THAT KIND OF MITIGATES, UH, IMPACTS, UH, CONCERNING IMPACTS TO THE, UH, [00:20:01] ASSISTED LIVING FACILITY TO THE SOUTH. UM, PUTTING US IN A POSITION TO WHERE I THINK WE, WE, UM, CERTAINLY ARE SUGGESTING, UH, APPROVAL OF THE SPECIAL EXCEPTION WITH CONDITIONS. AND I'LL GET TO THOSE HERE IN A MOMENT. SO, UH, GOING OVER THE CRITERIA, STAFF DOES NOT BELIEVE THAT THE REQUESTED SPECIAL EXCEPTION WILL, UH, HAVE AN ADVERSE EFFORT, UH, EFFECTS ON THE SURROUNDING LAND USES PROPERTY VALUES OR THE PHYSICAL CHARACTERISTICS OF THE IMMEDIATE VICINITY. UH, ACTUALLY STAFF BELIEVES THAT THIS PROJECT COULD HAVE, UH, SOMEWHAT MEANINGFUL IMPACTS ON THE AESTHETICS OF THE GENERAL AREA, WHICH IS A PRIORITY CALLED OUT IN THE ADOPTED BAYWAY CORRIDOR PLAN, UH, SPECIFICALLY TO IMPROVE THE MAINTENANCE OF EXISTING PROPERTIES WITH A PRIOR, UH, PRIORITY FOCUS ON DILAPIDATED AND VACANT BUILDINGS. UH, SO WE DO FEEL THAT THE SPECIAL EXCEPTION MEETS THE CRITERIA AS SPECIFIED IN THE ODC, UM, WHICH WE SHOULD NOTE IS A LOT MORE NARROWER THAN A VARIANCE REQUEST. UM, AND, AND ESSENTIALLY DOES PROVIDE MORE FLEXIBILITY TO YOU AS A DECISION MAKING BODY. SO WITH THAT, STAFF DOES RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION WITH THE FOLLOWING CONDITIONS, SUBSTANTIAL CONFORMANCE OF THE FUTURE DEVELOPMENT WITH THE PROPOSED SITE PLAN THAT'S BEEN PROVIDED, AND A LANDSCAPING PLAN. AND TO PROVIDE THE REQUIRED NUMBER OF PLANTINGS AS PRESCRIBED IN SECTION 3.14 I ONLY FIVE OF THE ODC IN A LOCATION AND MANNER THAT WILL MEET THE INTENT OF THE REFERENCE SECTIONS TO PROVIDE A VISUAL SCREEN LIGHT BARRIER SOUND BARRIER AND MITIGATE AGAINST CONTAMINANT OF AIR MOVEMENT NEAR THE GROUND LEVEL. SO WITH THAT, THE APPLICANT IS ALSO HERE. IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE FOR QUESTIONS AS WELL. GOOD. THANK YOU. WE DO HAVE ONE PERSON SIGNED UP, LETITIA AND I CAN'T READ THE LAST NAME TO SPEAK FIRST. OKAY. THE APPLICANT A REPRESENTATIVE FOR THE YES SIR. NO, BUT YOU CAN SPEAK YEAH, IF YOU, YEAH. HELLO . I'M DAVIS WILSON. I'M THE SENIOR ARCHITECT FOR FONT DESIGN STUDIOS. UH, THE BERRA FAMILY HAVE BEEN CLIENTS OF MINE FOR THREE GENERATIONS. WE'VE BROUGHT YOU SEVERAL BUILDINGS IN BAYTOWN, SUCH AS THE OR THE EL TOROS, AND I'M HONORED TO BE THE ARCHITECT ON THE BAKERY. UH, AS THE NAME IMPLIES, WE BAKE TWO TYPES OF TORTILLAS AND FRIED CHIPS, AND THEY GET SENT TO INDIVIDUAL RESTAURANTS AS WELL AS TO A FEW DISTRIBUTORS SUCH AS CISCO AND GET DISTRIBUTED THROUGHOUT THE NATION. IT IS A 55,000 SQUARE FOOT FACILITY. WE'VE TRIED TO MAKE IT LOOK AS NICE AS POSSIBLE. WHAT YOU SEE IN YOUR PACKAGE IN THE RENDERING IS A MIRROR IMAGE. AND, UH, YOU SEE THE, ON THE LEFT SIDE, WHICH WILL NOW BE ON THE RIGHT SIDE, A COVERED PATIO FOR THE, UH, EMPLOYEES AND THE FRONT OFFICE PORTION OF THE BUILDING, WHICH IS LOWER THAN THE 38 FOOT HIGH, UH, BAKERY BUILDING FACILITY ITSELF. DOWN THE NORTH SIDE OF THE BUILDING IS HIGH PAL STORAGE, WHICH HAS A SHIPPING AND RECEIVING AREA WE RECEIVED GOODS IN. THAT'S WHERE YOU SEE THE THREE TRUCKS TO THE, UH, EAST WHERE THE FIVE TRUCKS ARE BACKED UP TO THE WEST IS THE, [00:25:01] COULD YOU PUT UP THE, THE, UH, LAND PLAN, THE DIMENSION LAND PLAN, PLEASE. OKAY. THEREFORE, THAT PRESENTS A PROBLEM IN THAT WE HAVE TO HAVE A TRUCK YARD AS THE BOARD IS WELL AWARE, THE MAXIMUM TRUCK CAN PUT ON THE ROAD IS 60 FOOT LONG, AND I NEED TWICE THAT LENGTH PLUS 10 FEET TO BE ABLE TO MANEUVER THE TRUCK INTO THE DOCKS. TAKING INTO CONSIDERATION THAT TO THE NORTH AND TO THE EAST OF MIDDLETON STREET, THAT IS LIGHT INDUSTRIAL, UM, ZONE LIGHT INDUSTRIAL. AND OF COURSE OUR VIEWS IS LIGHT MANUFACTURER AND GUB ZONING. SO WE FELT THAT THE TRUCK YARD SHOULD BE LOCATED NEXT TO THAT LIGHT INDUSTRIAL AND NOT HAVE TO PUT 50 FOOT OF GREEN AREA IN THAT AREA. ALTHOUGH ALONG MIDDLETON STREET, THOSE GREEN AREAS WELL EXCEED 50 FEET TO THE SOUTH. THERE IS A NURSING HOME THAT GOES FROM THE CITY'S WATER PLANT ALL THE WAY TO THE RIVER, IS NOT DEVELOPED FROM THE WATER PLANT TOWARDS THE EAST FOR ABOUT 150 FEET. THAT'S BLANK LAND THAT THEY HAVE NOT DEVELOPED YET. UM, ALONG THAT SOUTH PROPERTY LINE, WE HAVE 52 FOOT OF GREEN AREA, UH, AND IN BOTH THE NORTH AND THE SOUTH GREEN AREAS. WHEN YOU LOOK AT YOUR RIVER AND YOU SEE LARGE ONLY, AND WE WILL PUT A LARGE OLEANDER SCREEN, OR WHAT WILL BECOME A LARGE OLEANDER SCREEN THAT WILL RESTRICT NOISE, AIR MOVEMENT, LIGHT, ET CETERA, ALONG WITH THE PRESCRIBED TREES THAT, UH, PLANTING, PLANTING, UM, THE DETENTION POND WILL HOLD WATER, WILL BE DECORATIVE AND LANDSCAPED AROUND IT, AND BASICALLY WILL BE SCREENED FROM BAYWAY ALSO BECAUSE OF THE INTENSE PLANTING AROUND THE DETENTION POND. AS YOU'RE AWARE, I MADE THE DETENTION POND A FEATURE, ER ALSO, UM, WE'VE LEFT ROOM FOR FUTURE EXPANSION BACK TO THE, UH, A HUNDRED FOOT LINE, WHICH WE WILL NOT EXCEED IN THE FUTURE. AND, UH, WE THINK THAT YOUR CITY PLANTERS, UH, EMILIO HAVE BEEN GREAT IN HELPING US REACH A COMPROMISE TO WHERE WE CAN PUT ENOUGH PLANT BUILDING ON THERE AND STILL MEET IN MOST CASES, YOUR SPECIFICATIONS. UH, I'LL TAKE ANY OTHER QUESTIONS NOW, IF THE BOARD, I DON'T HAVE ANY QUESTIONS. NOPE, NO QUESTIONS. ALRIGHT. MAYBE I TALKED TOO LONG. THANK YOU. NO, NO, NO, NO. IT WAS IT. GOOD, GOOD INFORMATION. WE APPRECIATE IT. MR. WILSON. THANK YOU. OKAY. IF YOU THINK OF ANYTHING, PLEASE ADD. ALL RIGHT. THANK YOU, AMELIA. AND WAS, AND WAS THIS RELATIVE TO THIS ITEM? LETITIA? THERE SHOULD HAVE BEEN A SHEET SPECIFICALLY FOR THE SIGN. I THINK SHE WAS HERE TO SPEAK. HUH? I THINK SHE SIGNED UP. OH, OKAY. NO, THERE'S NOT ANOTHER SHEET OUT THERE FOR THIS SIDE. I, I DON'T SEE A PERSON, SO EVEN IF THERE IS A SHEET, WE DON'T HAVE A PERSON. [00:30:14] I DUNNO WHAT THAT'S FOR. IT DOESN'T, THIS ONE'S GOT FOUR D. SORRY ABOUT THAT. NOBODY. OKAY. VERY GOOD. ALL RIGHT. UM, OFFICIALLY LET ME CLOSE THE PUBLIC HEARING AND ASK, UH, STAFF IF THERE'S ANY ADDITIONAL INFORMATION THEY WANT TO GIVE OR IF YOU GUYS HAVE QUESTIONS. NO, NO ADDITIONAL INFORMATION FROM STAFF, SIR. OKAY. AND STAFF IS MAKING RECOMMENDATION TO APPROVE, AND IT APPEARS TO ME ALSO AND THAT ALL FOUR CRITERIA ARE MET AND NOBODY ELSE HAS ANY INPUT OR QUESTIONS HE EXPLAINED. THE ONE QUESTION I HAD WAS THAT THAT WAS A MIRROR IMAGE OF THE RENDERING. MM-HMM . THAT, THAT WAS CONFUSING WHEN WE SAW IT ON THERE. BUT ONCE YOU EXPLAINED THAT, THAT MY QUESTION WENT AWAY. COOL. I WOULD, UH, ASK FOR A MOTION TO APPROVE THE SPECIAL EXCEPTION FOR THIS, UH, REQUEST FOR 74 14 BAYWAY DRIVE. MOTION TO APPROVE. MOTION TO APPROVE. OKAY, SECOND. A SECOND. ANY FURTHER DISCUSSION? NO. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE IS APPROVED. THANK YOU, MR. WILSON. THANK YOU. THANK YOU VERY MUCH LADIES. [a. Receive a report from the Director of Planning and Development.] ALRIGHTY. THE LAST ITEM ON OUR AGENDA IS THE DIRECTOR'S REPORT. THANK YOU. UM, I JUST HAVE A, A FEW THINGS. ONE OF THE THINGS THAT OCCURRED TO ME, UM, AS THE, THESE TWO ITEMS CAME UP TONIGHT, UM, WAS THAT WE HAD, UM, YOU, YOU MAY ASK, AND YOU MAY NOT, BUT IN CASE YOU ASK THIS IN YOUR HEAD, UM, WHEN WE HAD TWO SETBACK VARIANCE REQUESTS, UM, WHY WAS ONE A VARIANCE AND ONE WAS A SPECIAL EXCEPTION. SO I, I THOUGHT IT WAS KIND OF A GOOD, A GOOD MOMENT TO, TO KINDA STEP BACK FROM THAT FOR A SECOND. I KNOW EMILIO MENTIONED THAT IT, IT DOES KIND OF GIVE THE, THE, THE SPECIAL EXCEPTION GIVES THE BOARD A LITTLE BIT MORE, UM, FLEXIBILITY. 'CAUSE THERE'S NO HARDSHIP CRITERIA FOR THAT ONE. GOTCHA. UM, GENERALLY WHAT WE HAVE DONE OVER THE PAST FEW YEARS IS IF IT'S A REGULAR SETBACK, SAY FOR A RESIDENCE OR SOMETHING LIKE THAT, THEN THE VARI, WE, WE DO THAT AS A VARIANCE. IF IT IS FOR SOMETHING THAT'S MORE OF LIKE A LIGHT INDUSTRIAL ALMOST, UM, TYPE OF OF USE, THEN THERE IS WORDING IN THE CODE THAT ALLOWS US TO USE A SPECIAL EXCEPTION, UM, WHEN THERE'S ANY KIND OF A COMPATIBILITY STANDARD ISSUE. SO WE LOOK AT SETBACKS AND OPEN SPACE AND VEGETATIVE BUFFERS, THINGS LIKE THAT. THOSE FALL INTO THAT CATEGORY OF, OF, UH, COMPATIBILITY STANDARDS. SO WE'VE INTERPRETED THAT TO MEAN THAT WE CAN USE THE SPECIAL EXCEPTION FOR THAT PURPOSE, WHICH IS WHAT WE'VE DONE A FEW TIMES IN THE PAST. SO IF THERE'S ANY, IF THERE WAS ANY QUESTION AS TO WHY ONE WAS ONE, ONE WAS THE OTHER, HOPEFULLY THAT, THAT WOULD ANSWER THAT QUESTION, UH, TONIGHT. UM, MR. CHAIR, UM, ONE OF THE THINGS THAT YOU HAD MENTIONED TOO, AS I, I THINK AS FRANKIE WAS DOING HER PRESENTATION, WAS DO WE HAVE TO GO THROUGH AND GO THROUGH ALL OF THE CRITERIA? I, I THINK THE WAY THAT IT WAS PRESENTED TONIGHT WHERE WE KIND OF HIT THE HIGH POINTS OF IT, THE ONES THAT MIGHT, THAT WE THOUGHT MIGHT BRING UP QUESTIONS AS STAFF, THAT WE, WE WILL HIT THOSE. IF THE BOARD'S PREFERENCE IS THAT WE GO THROUGH EVERY SINGLE ONE OF THEM AT EVERY HEARING, WE CAN DO THAT. BUT IN THE INTEREST OF TIME AND THE FACT THAT THEY ARE KIND OF LISTED IN THE STAFF REPORT, WE'VE SORT OF OPTED NOT TO DO THAT. SO, UM, AND I, I PERSONALLY AGREE WITH THAT. AND IF WE, IF WE THINK, UM, ONE OF 'EM NEEDS TO BE PULLED OUT AND DISCUSSED, WE CAN ALWAYS BRING THAT UP OURSELVES. EXACTLY. YEAH. SO, LIKE I SAID, I, I READ THROUGH EACH ONE OF THEM AND I DIDN'T HAVE ANY QUESTIONS OR, YOU KNOW, WHAT THE INTERPRETATION WAS, SO. YEP. OKAY. PERFECT. UM, SO YOU NOTICE AN UPDATE ON, UH, LAST MONTH'S APPELLANT, AS YOU GUYS KNOW, THAT WAS THE THIRD TIME WE HAD HEARD THAT ONE. UM, WE WERE ANTICIPATING, UM, FURTHER ACTION. UM, THERE WAS A 10 DAY LIMIT ON ANY FURTHER ACTION, AND THAT LIMIT HAS PASSED. SO IN CASE YOU'RE WONDERING, AS FAR AS I KNOW, WE'VE NOT HEARD, WE'VE NOT BEEN SERVED OR ANYTHING LIKE THAT. SO, SO THE FURTHER ACTION WOULD'VE BEEN TO THE COURT? THAT'S CORRECT. AND THAT HAS NOT OCCURRED? THAT'S CORRECT. GREAT. AND THERE WAS A, I I BELIEVE A 10 DAY, A 10 DAY WINDOW ON THAT. YEAH. UM, I HAVE NOT RECEIVED ANYTHING. OKAY. BUT IF ANYTHING HAPPENS, I'LL KEEP YOU POSTED. OKAY. UM, QUICK UPDATE ON THE BOARD. UM, MR. WALTERS, UH, HAS SINCE LAST MONTH STEPPED DOWN FROM HIS POSITION ON THIS BOARD, BOTH THIS BOARD AND PLANNING COMMISSION, UH, BECAUSE HE HAS SOME PERSONAL, UH, STUFF THAT HE NEEDS TO ATTEND TO. SO, UM, JUST WANTED YOU TO KNOW THAT. AND ALONG THOSE LINES, UH, YOU [00:35:01] MAY SEE SOMETHING ON THE CITY COUNCIL AGENDA FOR THE 25TH, WHERE THERE BASICALLY THERE IS DISSOLUTION OF, UH, BOARDS AND THEN APPOINTMENT OF THE BOARDS. UM, IF YOU READ INTO IT A LITTLE BIT, IT WILL SAY THAT THEY'RE BASICALLY GOING TO DISSOLVE ALL OF THE BOARDS AND THEN TURN RIGHT AROUND AND REAPPOINT THE IDEA BEHIND THAT. IN CASE THERE'S A QUESTION. UH, IS THAT THERE? WE HAVE SOMETHING, I CAN'T REMEMBER WHAT IT WAS. SOMETHING LIKE 45 BOARDS AND COMMISSIONS OUT THERE OVER THE PAST HOW MANY YEARS? AND THERE ARE SOME STRAGGLERS THAT WE MAY HAVE MISSED IF WE MAKE A BLANKET STATEMENT AS WE'RE DIS DISSOLVING ALL OF THE BOARDS. AND MAYBE THIS IS THE WAY I UNDERSTOOD IT, WAS IF WE DISSOLVE ALL THE BOARDS AND WE DON'T MISS ANY, BUT THEN WHEN WE REAPPOINT BOARDS AS A CITY, WE WILL HAVE EXACTLY THE ONES THAT WE WANT IN PLACE. SO WE'VE GONE THROUGH, UH, THE, THE CITY COUNCIL, UM, AD HOC COMMITTEE HAS GONE THROUGH THE LIST OF EVERY BOARD THAT WE COULD FIND, INCLUDING SOME THAT HAVEN'T MET IN 10 YEARS OR MORE, AND HAVE DECIDED ON WHICH ONES THEY WANNA KEEP. OBVIOUSLY, BOARD OF ADJUSTMENT WILL, WILL STAY. UH, AND I BELIEVE THE OTHER POINT OF THE REAPPOINTMENT WOULD BE THAT WHEREVER YOU'RE AT IN YOUR APPOINTMENT NOW, IT WILL STAY THAT WAY. SO IF YOU'VE GOT A YEAR LEFT, THEN YOU'LL STILL HAVE A YEAR LEFT. IF IT'S, IF YOU'RE COMING UP ON REAPPOINTMENT, THEN YOU'LL HAVE, IT'LL BE THE TWO YEARS THAT YOU WOULD'VE HAD OTHERWISE. I THINK IT'S TWO YEARS FOR THIS BOARD OF THREE. OKAY. UM, SO JUST IN CASE YOU SAW THAT AND WENT, WHAT DO YOU MEAN, DISSOLVED BOARD OF ADJUSTMENT? MM-HMM . THAT I WANTED YOU TO, I DIDN'T WANT ANYBODY TO PANIC. OKAY. UM, THAT'S IT. THAT'S ALL I'VE GOT. VERY GOOD. ANYBODY ELSE HAVE ANYTHING? NOPE. IF NOT, I WOULD ASK FOR A MOTION TO ADJOURN. MOVE WE ADJOURN. A SECOND. SECOND. ALL IN FAVOR? AYE. AYE. WE ARE ADJOURNED. THANK YOU FOLKS. THANK YOU. THANK YOU. THANK YOU STAFF. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.