[1. CALL TO ORDER AND ROLL CALL]
[00:00:03]
LEMME CALL THE MEETING TO ORDER OF THE BOARD OF ADJUSTMENT OF THE CITY OF BAYTOWN FOR OUR MEETING TODAY.
UH, NOVEMBER 12TH, 2024 AT 4 0 4.
AND IF YOU WOULD, UH, CALL THE ROLE LESLIE, UH, GILBERT SANTANA.
UH, ITEM TWO, UH, IS CITIZENS' COMMENTS.
DO WE HAVE ANYBODY SIGNED UP, LESLIE? UM, SURE.
[3. MINUTES]
UH, LET'S, UH, CONSIDER APPROVING THE MINUTES OF OUR LAST MEETING, WHICH WAS APRIL 9TH, 2024.AND IN THE PACKAGE THAT YOU GOT IT BY EMAIL, UH, IT'S INCLUDED.
MOVE, MOVE FOR APPROVAL AS PRESENTED.
AND SECOND, SECOND, SECOND HERE.
[a. Conduct a public hearing and consider a request for a variance on 0.42 acres at 4906 Garth Road to allow an increase of the lot coverage maximum in a General Commercial (GC) Zoning District from 75 to 86 percent.]
A IS TO, UH, CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A VARIANCE ON 0.42 ACRES, 49 0 6 GARTH ROAD TO ALLOW AN INCREASE, UH, AND THE LOT, THE LOT COVERAGE MAXIMUM IN A GENERAL COMMERCIAL ZONING DISTRICT FROM 75 TO 86% SINCE WE DON'T HAVE ANYBODY SIGNED UP.LESLIE, DO I NEED TO READ? UM, YES.
UM, PUBLIC HEARINGS ARE HELD TO GIVE ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND TO BE HEARD.
TODAY'S HEARING SHOULD HAVE SIGNED THE APPROPRIATE LIST, WHICH WILL BE, WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING.
EACH SPEAKER SHALL GIVE HIS AND HER NAME AND ADDRESS TO PROVIDE A PROPER RECORD OF THE HEARING.
THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT THEIR INFORMATION.
HOWEVER, ENCOURAGE EVERYONE TO BE CONCISE AS POSSIBLE, AND IF THERE'S A GROUP, UH, WISHING TO ADDRESS THE BOARD, UH, PLEASE SELECT A SPOKEPERSON TO, UM, PRESENT THE INFORMATION.
AND IF ANYBODY HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.
AND WE CLARIFYING QUESTION? YES, SIR.
UH, IS THIS PUBLIC HEARING AND FOLKS WHO SIGNED UP DIFFERENT THAN THE CITIZENS' COMMENT SECTION? YES.
SO WE DO HAVE, WE DO AFTER STAFF PRESENTS, THEN THAT'S, YEAH.
I THINK THE CITIZEN'S COMMENTS WAS NOT FOLKS SIGNED UP TO SPEAK ON THE, THE VARIANCE ITSELF.
AND WE DO HAVE SAM
IF YOU WOULD GO TO THE MICROPHONE IF YOU WANT TO SPEAK COURSE AFTER THEY, I THINK IT'S AFTER THEY PRESENT, RIGHT? IS IT AFTER? THAT'S RIGHT.
I'VE ONLY DONE THIS 6,000 TIMES.
IT'S BEEN SEVEN MONTHS SINCE WE HAD A MEETING.
I'M HAPPY TO PRESENT TO YOU TODAY.
UH, THE PROPERTY IS, UH, 0.42 ACRES OF LAND, UH, LOCATED IN FRONT OF THE WALMART, UH, PROPERTY ON GARTH ROAD ON THE EAST SIDE OF GARTH ROAD, AND SURROUNDED BY, UM, DRIVEWAYS ON THREE SIDES OF THIS PROPERTY.
THE, UM, THIS IS A, THE RED BUTTON.
ZOOM INTO THE LOCATION, AND YOU CAN, UH, SEE THAT THE ONLY WAY FOR OPEN SPACE WITHIN THIS SITE IS THE FRONT, UH, WHICH IS ALONG GARTH ROAD AND THE BACK.
THIS IS THE, UM, THE PICTURE OF THE, UM, THE EXISTING, UH, GAS STATION.
IT'S, UH, 175 SQUARE FOOT OF KIOSK AND FOUR, UH, MULTI-PRODUCT DISPENSERS, MPDS.
[00:05:01]
FROM THE BACK LOOKING, UH, TOWARDS GOTH THROUGH THE, UH, SUBJECT PROPERTY IS ZONE, GENERAL COMMERCIAL, AS WELL AS ALL ADJACENT, UH, DEVELOPMENT.AND THAT'S THE, THE FUTURE LAND USE MAP DESIGNATES THE SUBJECT PROPERTY AS WELL AS THE ADJACENT DEVELOPMENT AS LARGE SCALE COMMERCIAL.
UM, THE APPLICANT IS PROPOSING, UM, TO HAVE SIX MPDS, UH, 1400 SQUARE FOOT OF STANDALONE BUILDING, AND, UH, A LOT COVERAGE OF 86%.
THE THIS PROPOSAL INCLUDE, UH, REDUCTION IN OPEN SPACE BY 11%.
THE REDUCTION ON, UH, IN OPEN SPACE, UM, OCCUR ON, UH, ALONG GARTH ROAD.
THE EXISTING, UM, THE EXISTING STREET SCAPE ALONG GARTH ROAD IS 19 FOOT WIDE.
NOW, THE APPLICANT IS PROPOSING TO HAVE ONLY, UH, SIX FOOT WIDE OF STRIP OF THREE SCAPING ALONG GARTH ROAD.
AND AS I SAID, THE UH, LOT COVERAGE IS 80%, WHICH IS 11% EXCEEDING THE, THE MAXIMUM 75% LOT COVERAGE IN GENERAL COMMERCIAL.
IT SHOULD BE NOTED THAT IN 2023, UH, THE APPLICANT PROPOSED A, UM, UH, AN ADMINISTRATIVE VARIANCE FOR THE SAME, UH, BUSINESS NEEDS.
IT ALSO INCLUDES, UH, SIX MPDS, AS YOU CAN SEE, AND 1400 SQUARE FOOT BUILDING.
UH, STAFF WORKED WITH THE APPLICANT TO ACCOMMODATE THE, UH, THE EXCESS OF, UH, LOT COVERAGE.
UH, HOWEVER, WE TRY TO KEEP THE STRIP OF STREETSCAPING AND OPEN SPACE ALONG GARTH ROAD INTACT AND NOT TOUCHED.
THESE ARE THE CRITERIA THAT THE APPLICANT DID NOT MEET, AND THEREFORE STAFF RECOMMENDS DENIAL.
DO YOU WANT ME TO, TO GO OVER THE CRITERIA, PLEASE? YEP.
THE FIRST CRITERIA ENSURE THE SAME GENERAL LEVEL OF LAND USE COMPATIBILITY.
IT'S THE SAME LAND USE AS ADJACENT, UH, DEVELOPMENT.
HOWEVER, IN TERMS OF COMPATIBILITY, IT'S NOT, WE HAVE NOT RECEIVED ANY, UH, REQUEST FOR ZONING VARIANCE FROM ADJACENT, UH, DEVELOPMENT TO THE NORTH OR SOUTH OF THIS SUBJECT PROPERTY.
A THE SECOND ONE IS NOT A HARDSHIP OF, UH, APPLICANT'S OWN MAKING.
UM, STAFF BELIEVE THAT THIS IS A HARDSHIP OF APPLICANT'S OWN MAKING.
THE BUSINESS NEED TO ACCOMMODATE AN UPGRADE TO SIX MPDS AND 1400 SQUARE FEET IN A STATE OF 175 SQUARE FEET.
KIOSK IS AN UPGRADE, AND THE APPLICANT WAS ABLE TO ACCOMMODATE IT WITH LESS LOT COVERAGE.
UM, IT WAS ACCOMMODATED WITH, UH, 82% INSTEAD OF THE SUBJECT PROPOSAL WAS 86%.
DOES NOT, UH, ADVERSELY AFFECT ADJACENT, UH, LAND USES AND THE PHYSICAL CHARACTER OF USES IN THE NEIGHBORHOOD.
IT DOES, UH, BECAUSE ADJACENT PROPERTIES TO THE NORTH AND SOUTH HAVE MORE STREETSCAPING ALONG GAR ROAD THAN WHAT IS GOING TO BE PROPOSED BY THE APPLICANT ON THIS SUBJECT.
UH, VARIANCE, UM, FURTHERS THE GOALS AND VISIONS OF THE CITY AS SET FORTH IN THE COMPREHENSIVE PLAN.
ONE OF THE, UM, THE COMPREHENSIVE PLANS, UH, GOAL IS TO HAVE QUALITY DEVELOPMENT AND HAVING QUALITY DEVELOPMENT IS, UH, BY ACHIEVING, UH, ENHANCED, UM, ENHANCED DEVELOPMENT AND VISUALLY APPEALING DEVELOPMENT.
THE, UM, ULDC, UH, REQUIREMENT OF 25% OPEN SPACE IS A WAY TO ENHANCE THE, THE QUALITY DEVELOPMENT THAT WE ARE GETTING IN THE CITY OF BAYTOWN.
[00:10:04]
UM, NUMBER SIX IS GENERALLY CONSISTENT WITH THE PURPOSE AND THE INTENT OF THE ULDC.THE INTENT OF THE ULDC IS TO, UM, AGAIN, TO, UH, TO HAVE OPEN SPACE THAT IS A TRANSITION, WORKS AS A TRANSITION BETWEEN PUBLIC, UH, PUBLIC, UM, PROPERTIES AND PRIVATE PROPERTIES, AND ALSO REDUCE THE RISK OF FLOODING AND, UM, UM, AND ENHANCE THE, THE QUALITY OF THE DEVELOPMENT IS GENERALLY CONSISTENT WITH THE, UM, OH, THAT'S NUMBER SIX.
NUMBER SEVEN IS NEEDED AS SPECIAL CIRCUMSTANCES, CIRCUMSTANCES EXIST THAT ARE PARTICULAR TO THE LAND OR STRUCTURE, THE APPLICANT WAS ABLE TO ACCOMMODATE, UH, THE SAME BUSINESS NEEDS WITH SIX MPDS 1400 SQUARE FEET BUILDING WITH LESS, UH, LOT COVERAGE.
SO WHY APPROVE MORE LOT COVERAGE AND, UM, AND COMPROMISE ON PUBLIC SAFETY AND ENHANCE QUALITY DEVELOPMENT? UM, NUMBER EIGHT IS NECESSARY AS ARY INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THE DIMENSION STANDARDS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY LANDOWNERS IN THE SAME DISTRICT AND WOULD CAUSE A, UM, AN UNNECESSARILY OR UNDUE HARDSHIP.
UM, STAFF WAS ABLE TO, UM, TO PROVE THAT THE APPLICANT WAS ABLE TO MEET THEIR BUSINESS NEEDS WITHOUT COMPROMISING ON THE, UM, UH, WITHOUT COMPROMISING ON THAT MUCH ON LOT COVERAGE.
UH, SO WE BELIEVE THAT IT'S, UH, IT'S AN UNNECESSARY REQUEST AND IT'S, UM, IT'S NOT GOING TO CREATE AN UNDUE HARDSHIP FOR THE APPLICANT.
IS THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE USE OF LAND OR STRUCTURE.
UH, THE MINIMUM ACTION TO MAKE POSSIBLE THE USE OF LAND IS THE 80% LOT COVERAGE THAT STAFF WAS ABLE TO WORK WITH THE APPLICANT.
UM, THE 86% IS A LITTLE BIT MORE THAN, UM, UM, THE ACTION REQUIRED TO MAKE, TO MAKE IT HAPPEN FOR THIS, UM, FOR THE UPGRADES THAT IT'S REQUIRED BY THE APPLICANT WILL BRING THE EXISTING AND PROPOSED STRUCTURE CLOSER INTO COMPLIANCE WITH THE ZONING REGULATIONS OF THIS ULDC OR WILL OTHERWISE IMPROVE OR ENHANCE PUBLIC HEALTH SAFETY AND WELFARE.
UM, AS WE MENTIONED THAT THE, UH, REQUIREMENT OF THE 25% OPEN SPACE IS TO ENHANCE PUBLIC HEALTH, SAFETY AND WELFARE, AND IS REQUIRED AS A TRANSITION BETWEEN PUBLIC RIGHT OF WAY AND PRIVATE PROPERTIES AS WELL AS FOR FLOODING, UH, ISSUES AND, UM, TO ACCOMMODATE ANY STORMWATER RUNOFF.
AND THEREFORE, STAFF RECOMMEND DENIAL QUESTIONS BOARD GO, GO FOR IT.
NOW WE ASK AND THEN WE LISTEN TO THE SPEAKER.
AGAIN, IT'S BEEN EIGHT MONTHS, I FORGOT.
UH, KIND OF A CLARIFYING THING.
I THINK, I THINK SOME OF THE INFORMATION SAID IT WAS 82% TO 86%.
IS THAT 4% THE DEAL BREAKER? IS YOUR MIC TURNED OFF? THEY PROBABLY DON'T LET, LET THIS COUNCILMAN TALK.
THAT BETTER BUTTONS ARE TOUCHY.
UH, JUST CLARIFYING, I I, I THINK I'VE, I HEARD TWO DIFFERENT NUMBERS, BUT I READ 82 AND 86% IS THE 4% THE DEAL BREAKER OR THE LOSS OF THE STREETSCAPE? BECAUSE IF 80 TWO'S GOOD, I THINK 86 IS GOOD.
THAT'S KIND OF THE WAY I LOOK AT IT.
UM, THE OTHER THING IS, AS I LOOK UP AND DOWN THAT CORRIDOR, THERE HAVE BEEN SOME MATURE TREES THAT HAVE ACTUALLY BEEN REMOVED BECAUSE THEY WERE IN THE POWER LINES.
SO AT SOME POINT, MATURE TREES ARE GONNA HAVE TO BE REMOVED OR SIGNIFICANTLY CUT BACK, WHICH DON'T LOOK VERY GOOD RIGHT.
SO, UM, AND IT SEEMS TO ME THIS COMMERCIAL PROPERTY IS SURROUNDED BY CONCRETE PARKING LOT,
[00:15:01]
NOT ANOTHER BUSINESS OR, UH, A RESIDENTIAL NEIGHBORHOOD AND ALL THAT KIND OF STUFF.SO I'M JUST KIND OF CURIOUS WHAT, WHAT, WHAT IS REALLY THE DEAL BREAKER HERE? 82 TO 86, 82 IS GOOD.
86 IS NOT, IS THAT HOW Y'ALL FEEL? SO THE, UH, 82% WA WAS WITHIN THE 10% ALLOWANCE THAT THE, UH, THE PLANNING DIRECTOR CAN, UH, APPROVE FOR THE APPLICANT, WHICH IS WHAT WE CALL IT, BEING FLEXIBLE WITH THE, THE PROPOSAL AND THE APPLICANT.
WE, WE KNOW THAT AN UPGRADE IS NEEDED AND THEY NEED TO, UH, TO FIND A WAY TO ACCOMMODATE THE UPGRADES, BUT THEY ALSO NEED TO BE CONSISTENT WITH THE REQUIREMENT OF THE UADC AS WELL AS OTHER DEVELOPMENT, UH, WITHIN THE CITY OF BAYTOWN.
SO TO BE CONSISTENT, THEY HAVE TO PROVIDE FOR 25% OF OPEN SPACE.
THEY CANNOT ACCOMMODATE THAT WITH THE NEW BUSINESS NEEDS.
SO WE WERE ABLE TO, UM, TO GIVE THEM 7% ALLOWANCE TO ACCOMMODATE THEIR BUSINESS NEEDS.
UM, WIZARD, WIZARD, THE 7% GOES ON FRONT OF GARTH ROAD OR AT THE BACK OF THE PROPERTY.
WE PREFER THE FRONT OF GARTH ROAD SINCE IT IS VISUALLY APPEALING TO ANY, UH, USERS, UH, USING THE PRO, USING THE PROPERTY.
AND, UH, THE REGULAR USER IS NOT GOING TO FEEL THE IMPACT WHEN YOU HAVE THE SAME, UH, STRIP OF STREETSCAPING ALONG THE FRONT OF THE PROPERTY, HAVING TO INCREASE TOWARDS THE BACK, BECAUSE THAT'S THE ONLY WAY IS TO GO TOWARDS THE BACK OF THE PROPERTY.
WE COULD LIVE WITH THIS, BUT COULD WE LIVE WITH 86? NOT 90%.
SO WE HAVE TO BE CONSISTENT WITH OTHER DEVELOPMENT, UH, WITHIN THE CITY.
AND GILBERT, I HAD, I HAD THE SAME QUESTION, UH, WHEN I FIRST CAME TODAY TO TALK ABOUT IT, BUT THEN AS SHE AND I TALKED EARLIER TODAY, THE CRITERIA HAVE TO, AS WE ALL KNOW, HAVE TO ALL BE MET.
SO EVEN THOUGH 82, 86 DOESN'T SOUND LIKE A BIG DEAL, BUT THE CRITERIA, YOU KNOW, AT LEAST SEVEN OF THEM, THEY FAIL.
WELL, WE'RE LOOKING AT THE 4% DIFFERENCE, NOT THE, THE WHOLE 75 TO 86, THEY CAN APPROVE 82, WE WOULDN'T BE HERE.
SO REALLY IT'S THE FOUR, THE ADDITIONAL 4%, BUT IT LOOKED LIKE THE ADDITIONAL 4% HAD A DIFFERENT, UH, UH, SITE PLAN MM-HMM
LOCATION OF THE BUILDING, RIGHT? YEAH.
WHICH WAS TAKING MORE OF THE STREET SCAPE AWAY.
IS IT 4% AND THE STREET SCAPE THAT'S THE PROBLEM, OR JUST THE 4%? BECAUSE AS I LOOK UP AND DOWN THIS CORRIDOR, UH, NOT EVERY COMMERCIAL PIECE OF PROPERTY HAS THIS TYPE OF STREET SCAPE.
THERE AREN'T MATURE TREES UP AND DOWN GARTH ROAD.
SOME PLACES THERE'S JUST GRASS AND CONCRETE.
UH, SOME PLACES AT THE CORNER OF BAKER AND GARTH, THEY REMOVE THE TREES, RIGHT? SO I'M TRYING TO UNDERSTAND, I I, I GET, WE WANT IT TO LOOK GOOD, BUT I DUNNO WHAT THE STREETSCAPE IS IN FRONT OF THE NEW CANES THAT RECENTLY DEVELOPED AT THAT CORNER.
BUT, YOU KNOW, I'M, I'M LOOKING AT, I GET THE, THAT WE WANT IT ALL TO LOOK GOOD, BUT IT ISN'T ALL GONNA LOOK THE SAME.
IT'S JUST NOT THE, YOU KNOW, VARIANCE IN QUESTION IS THE LOT COVERAGE, THE 4%, IT, IT'S REALLY WHAT, WHAT THEY'RE REQUESTING AT THIS POINT IS, UM, 11% FROM 11% DEVIATION FROM WHAT IS PERMITTED IN THE CODE.
SO THAT IS WHAT THE QUESTION IS HERE.
THE FACT THAT THEY ARE ALSO, IN ORDER TO ACCOMMODATE THIS REMOVING, UH, STREET SCAPE NARROWING DOWN THE STREET SCAPE, THAT ALSO IS A CONCERN.
BUT THE ACTUAL VARIANCE IN AND OF ITSELF, UH, THE NARROWING OF THE STREETSCAPE IS PERMITTED UNDER OUR CODE.
UM, THEY CAN GO AS NARROW AS SIX FEET BECAUSE OF THE SIZE OF THE PROPERTY.
AND THEN, UH, BUT AGAIN, THE, THE MAIN, THE, THE ISSUE HERE IS THE LOT COVERAGE.
SO THE STREETSCAPE THERE WITHIN ALLOWABLE WITH THE 86% PLAN.
SO WE'RE REALLY TALKING ABOUT JUST LOT COVERAGE.
AND, AND I, I, I DO KIND OF WANT TO, UM, REITERATE WHAT RYAN JUST SAID, WHICH IS THEY, THEY'RE, THEY'RE NOT ASKING FOR A VARIANCE OF 4%.
THEY'RE ASKING FOR A VARIANCE OF 11%.
THE, THE, WHEN, I THINK AS YOU POINTED OUT, IT WAS A DIFFERENT SITE PLAN.
THERE WAS, THERE WAS SOME GIVE AND TAKE, UH, WITH STAFF FOR THE PREVIOUS SITE PLAN, AND THEN FOR SOME REASON THAT WAS NO LONGER A GOOD OPTION FOR THEM.
AND THAT THEY CAN EXPLAIN, THE APPLICANT CAN EXPLAIN WHAT THAT, WHY THAT HAPPENED.
UM, BUT AGAIN, WE LOOK AT IT AND SAY, OKAY, LOOKING AT THE CRITERIA, YOU GUYS KNOW THE HARDSHIP ONE
[00:20:01]
IS ALWAYS GONNA BE THE HARDEST ONE TO MEET.IS THIS A HARDSHIP OF YOUR OWN MAKING? WELL, COULD THEY MAKE SOMETHING ELSE WORK ON THAT SITE THAT'S UP TO YOU TO, TO DETERMINE STAFF FEELS THAT THEY COULD, UH, IN FACT MAKE SOMETHING ELSE WORK ON THAT SITE.
SO, UM, BUT, BUT AGAIN, THAT ULTIMATELY WILL BE UP TO YOU GUYS TO DECIDE.
YEAH, BECAUSE I THINK THERE'S A, I WAS READING WHY THE CRITERIA WERE NOT MET, IT SEEMED TO ME, OR AS I RECALL, AND I READ 'EM ALL, BUT AS I RECALL, SOME OF 'EM HAD TO DO WITH THE, THE VISUAL MM-HMM
WELL, THAT'S THE STREETS STREETSCAPE SIDE.
THE, THE OTHER DIFFERENCE, UM, UH, THAT YOU SHOULD KNOW AS WELL IS THAT WHEN WE TALK ABOUT AN ADMINISTRATIVE VARIANCE AS, UH, AS LAIA POINTED OUT, UM, THE DIRECTOR OF PLANNING HAS SOME ABILITY TO, TO, UM, TO GIVE SOME FLEXIBILITY.
WITH THAT, UM, THE CRITERIA ARE LESS STRINGENT THAN WHAT, THAN WHAT IS FOR A FULL, FOR A FULL VARIANCE, WHICH IS WHAT YOU'RE SEEING TODAY WITH THOSE 10 CRITERIA.
AGAIN, STAFF LOOKED AT IT AND SAID, OKAY, THEY DON'T MEET NINE OF THESE CRITERIA.
SO, UM, SO AGAIN, I WANT TO KIND OF GET YOUR MIND AWAY FROM WHAT WAS GOING TO BE AN ADMINISTRATIVE VARIANCE TO WHAT YOU'RE BEING ASKED TODAY, BECAUSE THEY'RE KIND OF TWO DIFFERENT ANIMALS AT THAT POINT.
SO, UM, JUST TO KIND OF HELP, UM, CLARIFY.
SO WE'RE ASKING FROM 75 TO 86 IS WHAT YOU'RE SAYING? MM-HMM
WELL, I DON'T HAVE ANY MORE QUESTIONS AT THIS POINT.
MAYBE WHEN WE GET THE SPEAKER MIGHT CLARIFY SOME OTHER THOUGHTS I HAVE.
MS. WOOSTER DONE AT THIS TIME.
KEVIN, IF I COULD, LAIA, THANK YOU SO MUCH FOR THE PRESENTATION.
I APPRECIATE THE WORK THAT THE STAFF DOES.
I KNOW Y'ALL WORK REALLY HARD WITH ALL THE APPLICANTS.
MARTIN, I THINK YOU JUST ANSWERED THE FIRST OF TWO THINGS THAT WAS ON MY MIND OF THE 10 CRITERIA YOU SHOWED.
THEY DID NOT MEET NINE OF THEM.
SO FOR ME, AS YOU WERE WALKING DOWN THAT PATH, YOU KNOW, IT'S NOT JUST A 4%, WE'RE TALKING NINE DIFFERENT AREAS IN THE WORK THAT WENT INTO THE ULDC IS IS SIGNIFICANT.
AND THAT'S A VERY SLIPPERY SLOPE WHEN WE START ALLOWING THAT NUMBER OF CRITERIA TO NOT BE MET.
AND THE OTHER THING THAT I, THAT I'M AWARE OF THAT I'M GLAD YOU BROUGHT UP IS, AND YOU BOTH BROUGHT IT UP, IS THE WORK THAT Y'ALL DO WITH EACH OF THE APPLICANTS TO HELP THEM BE SUCCESSFUL.
'CAUSE THERE'S AREAS THAT YOU CAN WORK WITH ON.
AND I GUESS MY QUESTION WOULD BE HOW SUCCESSFUL THAT WORK HAS BEEN.
UH, WERE YOU CLOSE TO GETTING SOMETHING THAT WAS ACCEPTABLE? IS THIS THE ONLY WAY THAT THE APPLICANT CAN GET THIS DONE? BECAUSE I APPRECIATE THE WORK STAFF DOES WITH PEOPLE TO HELP THEM BE SUCCESSFUL.
SO WHAT KIND OF WORK HAVE YOU DONE WITH YOU? HOW CLOSE DID YOU GET? SO THE APPLICANT APPLIED FOR ZONING VARIANCE IN 2023, BUT THEN, UM, UH, WE EXPLAINED IT TO THE APPLICANT THAT IT'S VERY HARD TO MEET THOSE CRITERIA BACK IN 2023.
AND WE WERE ABLE TO, UH, TO CHANGE THE DESIGN WITH THE APPLICANT AND TO FLEX THE, UH, THE REQUIREMENT, UM, BUT ALSO LEAVE THIS PORTION ON GAR ROAD, UM, WITH THE SAME EXACT WIDTH AS IT IS RIGHT NOW.
UM, SO WITH THIS IN MIND, LIKE FOR US, IT MEETS THE CRITERIA AND THE INTENT OF THE CODE, UH, IF THEY LEAVE THIS PORTION, UM, AS IS WHETHER THEY LEAVE THE TREES OR NOT, THIS IS UP TO THEM.
WE DO NOT HAVE ANY, UH, TREE REMOVAL PERMIT.
UH, BUT, UM, I MEAN THIS IS THE ONLY, UH, TWO PLACES THAT THEY COULD HAVE, UH, GREEN SPACE.
THEY HAVE NO, UH, OTHER OPTION WITHIN THE SITE TO ACCOMMODATE ANY GREEN SPACE.
THE GREEN SPACE ONLY COULD BE ACCOMMODATED ALONG GARTH ROAD AND AT THE, UH, VERY BACK OF THE PROPERTY, WHICH IS PORTION OF IT IS WALMART.
SO, UH, WE WERE OF THE, UH, AGREEMENT WITH THE APPLICANT THAT THIS PORTION ALONG GARTH ROAD IS MORE IMPORTANT THAN THE BACK PORTION.
UH, AND WE WERE ABLE TO HAVE THE APPLICANT, UH, ACCOMMODATE PARKING ON, UH, WALMART PARKING SPACE AND HAVE, UM, UH, A WALKWAY THROUGH TO THE, TO THE NEW BUILDINGS.
UH, SO, UM, FOR US, THIS IS AS FLEXIBLE AS WE CAN AS LONG AS THE, UH, THE APPLICANT WAS ABLE TO UPGRADE THE, UH, THE EXISTING SITE FROM FOUR MPDS TO SIX MPDS AND FROM 175 SQUARE FOOT KIOSK TO A STANDALONE BUILDING WITH 1400 SQUARE FEET.
SO THIS WAS THE BIGGEST, UH, ISSUE FOR THE APPLICANT.
[00:25:01]
COOPERATED WITH US AND, AND WERE ABLE TO, TO ACCOMMODATE THAT.BUT THEY CAME BACK IN 2024, UM, AND THEY SAID, OKAY, WE NEED TO HAVE THIS BUILDING OUTSIDE THE, THE PUMP AND WITH A DIFFERENT LAYOUT, EVEN THOUGH THE REQUIREMENT IS THE SAME.
SO THE 2024 ACCOMMODATED THE SAME EXACT BUSINESS NEED AS THE 2023.
AND THAT'S WHY WE WERE, UM, WHY WOULD YOU CHANGE THE LAYOUT IF YOU COULD ACCOMMODATE THE SAME EXACT SIX MPDS 1400 SQUARE FEET, BUT NOW YOU ARE COMING WITH 86%.
SO WHAT HAPPENED IF YOU COME NEXT YEAR WAS 90% LOT COVERAGE, ARE WE GOING TO APPROVE IT? UH, SO THE ANSWER WAS, UM, NO.
THAT, THAT'S HELPFUL TO ME BECAUSE WHAT THAT TELLS ME IS THERE IS A PATHWAY TO SUCCESS OUTSIDE OF THIS VARIANCE REQUEST.
CAN I JUST CLARIFY ON KEVIN'S QUESTION BETWEEN THE TWO PLANS, IT LOOKS LIKE THE FIRST PLAN IN 2023 REQUIRES THEM TO PARK OFF THE PROPERTY TO ACCESS THEIR BUILDING WHERE THE 2024 PLAN ALLOWS PARKING ON THEIR PROPERTY MM-HMM
AND THAT WAS ALSO A FLEXIBLE, UH, SOME FLEXIBILITY FROM, UH, PLANNING STAFF THAT YOU COULD ACCOMMODATE, UH, ACCESS OR SHARED PARKING WITH THE WALMART.
SINCE WALMART HAS ABUNDANCE OF, UH, PARKING SPACES, THEY AND WALMART AGREED TO THAT.
I MEAN, THAT'S WHAT THE APPLICANT CAME UP WITH.
SO THEY CAME UP WITH THIS AND, UH, THEY SAID WALMART HAS NO ISSUE WITH THE, UH, WITH SHARED PARKING, UH, AGREEMENT.
THERE'S A HANDICAPPED SPACE THAT HAS TO EXIT THE VEHICLE AND CROSS THE STREET TO GET TO THEIR BUILDING.
I, AND ANSWERING LIKE WHAT GILBERT WAS JUST SAYING, UM, FOR ME, IF, IF YOU'RE FAMILIAR WITH THIS AREA, THAT CROSSWALK IS BECAUSE OF THE, I MEAN, THAT IT, THAT STREET PATHWAY IS MORE USED FOR THE FUEL CENTER THAN IT IS FOR ANYTHING ELSE.
AND SO, UM, I MEAN, I, I THINK IF, IF SOMEONE WERE THERE TO USE THE FUEL CENTER, THAT THAT'S, UM, YOU KNOW, APPROPRIATE, BUT I, I GET WHAT YOUR CONCERN IS, GILBERT, WITH THE HANDICAPPED PARKING THERE.
SO NO PARKING, WELL, IT'S PARKING ON SOMEONE ELSE'S PROPERTY THROUGH, THROUGH A SHARED PARKING AGREEMENT.
ANY MORE QUESTIONS? IF NOT, UM, LESLIE, WE NOW ASK FOR THE SPEAKER, RIGHT? YEP.
SAM, IF YOU WOULD, UH, STEP UP TO THE MICROPHONE AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M WITH PAN-AMERICAN ENGINEERS.
WE REPRESENT, UH, WE DO THE DESIGN WORK FOR MURPHY OILS ACROSS THE SOUTHEAST.
UM, CAN YOU HEAR, HEAR ME? MM-HMM
SO FIRST OFF, I'D LIKE TO SAY LAIA AND HER STAFF HAVE BEEN INCREDIBLE TO WORK WITH, HAVE WORKED WITH THEM FOR THE PAST YEAR, AND WE WORKED WITH THEM PRIOR TO THAT FOR PROBABLY SIX OTHER MONTHS.
UM, AND EVERYTHING SHE SAID IS CORRECT.
I WILL TELL YOU THE REASON THE LAYOUT HAS CHANGED WAS BECAUSE, UM, IN OUR ORIGINAL PROPOSAL, WHICH YOU HAVE THE ONE IN 2023 THAT WAS SUBMIT, WE HAVE TO RUN PARALLEL APPROVALS HERE WITH THE CITY AND ALSO WALMART.
WALMART'S THE ELEPHANT IN THE ROOM, THE, THE BULLY.
UM, WE GOT CITY APPROVAL THROUGH THE ADMINISTRATIVE VARIANCE.
AT THE SAME TIME, WALMART TAKES MONTHS TO APPROVE THEIR STUFF.
THEY DID NOT APPROVE THE LAYOUT AND THEY CAME BACK WITH, UM, THEY DIDN'T LIKE THE HANDICAP PARKING ON THEIR PROPERTY.
THEY FELT THEY WOULD BE SUED BY SOMEONE CROSSING THAT PROPERTY, WHICH IS UNDERSTANDABLE.
UM, THE CANOPY LAYOUT OF THE BUILDING UNDER THE CANOPY STRETCHES ALL THE WAY ACROSS THE SITE, WHICH CAUSES A CAR TO, IF THEY'RE COMING, IF THEY WANT TO GO OUT AND COME BACK IN, THEY HAVE TO GET ON THEIR ACCESS DRIVE.
SO WALMART DENIED OUR, OUR PROPOSAL.
SO THAT CAME BACK INTO HOW CAN WE SUBMIT TO BAYTOWN
[00:30:01]
AND HAVE IT APPROVED.AND SO WE SUBMITTED THIS, WE, WE WERE ABLE TO PUT THE HANDICAP PARKING ON OUR PROPERTY.
WE WERE ABLE TO REDUCE THE CANOPY SIZE AND MOVE THE BUILDING OUTSIDE IN THE, ON THE, UH, CORNER AND STILL ALLOW A 1400 SQUARE FOOT BUILDING WITH SIX, UH, DISPENSERS FOR FUEL.
SO THAT'S THE BACKGROUND OF THE STORY GOING FROM THE 82% TO THE 86%.
OUR NEW LAYOUT WOULD MEET WALMART APPROVAL.
BUT YOU KNOW, NOW IT'S, NOW IT'S NOT MEETING BAYTOWN APPROVAL.
UM, AND YOU KNOW, I WAS SITTING THERE THINKING, WOULD THIS GO BACK? IF I WAS ABLE TO REDUCE IT BY 1%, COULD WE GET THE ADMINISTRATIVE ORDER? BUT I'M NOT SURE HOW THAT WORKED, THE ADMINISTRATIVE VARIANCE.
UH, BUT I WAS JUST SITTING THERE THINKING THAT, UM, IF, IF IT IS DENIED, WE WILL RESUBMIT TO WALMART THE ORIGINAL PROPOSAL AND SEE THAT, SEE IF THEY WILL APPROVE IT.
NOW WE DO THESE, LIKE I SAID, ALL OVER THE COUNTRY.
SOMETIMES WALMART IS VERY EASY, SOMETIMES THEY'RE VERY DIFFICULT.
THIS PARTICULAR ONE, THEY'RE VERY, VERY DIFFICULT.
YOU KNOW, IT'S DIFFERENT, DIFFERENT APPROVING AGENCIES FOR DIFFERENT APPROVING PEOPLE WITHIN WALMART.
LIKE I SAID, YOU GUYS HAVE BEEN VERY, VERY GOOD TO WORK WITH.
AND I, AND LAMIA TOLD ME BEFORE I CAME, YOU KNOW, THIS IS GONNA GET DENIED
SO I'LL WELCOME ANY QUESTIONS YOU HAVE.
JUST A COMMENT IF I COULD, SAM, AND I APPRECIATE THE, THE BACKGROUND AND, AND WHAT YOU PROVIDED.
WHAT I APPRECIATE MOST OF ALL IS THE COLLEGIAL NATURE YEAH.
THAT'S, THAT'S A BLESSING, HONESTLY.
UH, ME, I'M NOT GONNA BE ABLE TO GET PAST NINE OF 10 CRITERIA NOT BEING MET PERSONALLY.
UH, BUT THERE IS A PATHWAY TO SUCCESS FOR YOU.
AND I SEE IT BETWEEN THE WORKING RELATIONSHIP YOU'VE GOT WITH THE CITY.
MURPHY LIKES TO GO, GO, GO, GO.
YOU KNOW, THEY WANT US TO BUILD THIS AS FAST AS WE CAN, BUT YOU GOTTA SAY, HOLD ON GUYS, WE CAN'T DO IT.
UM, I HAVE A QUESTION FOR THE APPLICANT AS WELL.
UM, WAS THERE ANYTHING THAT, SO, SO AS WE TALK ABOUT TRYING TO, YOU KNOW, IT'S ALL ABOUT MAKING MORE SPACE ON THE SITE, WHICH IS A VERY SMALL SITE.
IT'S LESS THAN A HALF AN ACRE AND THERE'S A LOT GOING ON HERE.
THE BUILDING ITSELF IS BIGGER THAN WHAT IS THERE NOW.
SO IS THERE SOMETHING THAT SAID, OKAY, WE CAN MAKE THE BUILDING, IT HAS TO BE 1400 SQUARE FEET, OR COULD IT BE SMALLER TO FIND THAT EXTRA SPACE THAT YOU NEED, OR GO BACK TO THE KIOSK IDEA? OR CAN YOU MAYBE WALK US THROUGH THAT A LITTLE BIT? WELL, A FEW, MAYBE SIX OR SEVEN YEARS AGO, MURPHY CAME UP WITH THREE DIFFERENT BUILDING SIZES.
THEY LIKE, AND THIS IS THE MINIMUM SIZE.
SO ANYTHING THAT IS A, WHAT THEY CALL A RAISE AND REBUILD, WHICH IS ON THE EXISTING PROPERTY, THEY LIKE 'EM TO BE ONE OF THREE SIZES.
NOW, I HAVE SEEN AND SAY THE CITY OF MOBILE, WHERE THEY DID ADJUST THE SIZE, BUT IT WAS VERY DIFFICULT AND IT'S STILL UNDER, LIKE, THEY PROBABLY WOULD NOT GO DOWN THAT PATH AGAIN.
SO WHAT I'M HEARING THEN IS IT'S, IT'S NOT PRACTICAL, BUT IT'S NOT IMPOSSIBLE EITHER.
THEY WOULD NOT DO THAT ON THIS SITE BECAUSE I THINK THEY KNOW, THEY, THEY KNOW IT WAS APPROVED PREVIOUSLY.
SO THE FIGHT BECOMES BETWEEN WITH THEM AND WALMART.
WHAT, WHAT IS PART OF COVERAGE HERE? IS THE CANOPY PART OF COVERAGE? IT'S ALL CONCRETE UNDERNEATH THE CANOPY.
SO ANYTHING THAT'S CONCRETE, ANYTHING THAT'S CONCRETE, ANYTHING THAT'S BUILDING, ANYTHING THAT'S CONCRETE, ANYTHING THAT'S BLACKTOP.
IF IT'S NOT GREEN, IT'S COVERED.
IS THERE A WAY TO PUT THE HANDICAP PARKING ON THE 2023 SITE
THERE MAY BE, I MEAN, TO ME THAT IF THAT'S WALMART'S BEEF, THAT WOULD MAYBE BE WALMART'S BEEF WAS ALSO THE SIZE OF THE CANOPY.
THAT THAT WAS MORE OF THE, WE HAVE A PARKING AGREEMENT WITH, WITH WALMART, SO WE COULD PROBABLY GET PAST THE HANDICAP.
[00:35:01]
BUT, YOU KNOW, WALMART GETS SUED EVERY DAY.THE PEOPLE ARE LEAVING THAT PLACE AND USING THAT DRIVE TODAY ANYWAY.
YEAH, I MEAN IF, I MEAN, THERE'S, THERE'S, THAT SHOULD BE EASILY DOCUMENTED THAT THE CANOPY'S NOT REQUIRING PEOPLE TO LEAVE AND USE THEIR PATHWAY.
BECAUSE PEOPLE ARE GOING FROM WALMART TO THAT PLACE TO GET GAS AND THEN BACK OR, OR THE OTHER WAY.
SO TYPICALLY WE DON'T SEE THAT RESPONSE FROM WALMART.
YOU KNOW, TYPICALLY THEY, THEY KNOW THAT PEOPLE ARE COMING IN THE WALMART ENTRANCE GOING IN THE MURPHY PROPERTY.
I DON'T FREQUENT THAT OFTEN, BUT WHEN I'M, THERE'S, THAT'S WHAT I, YOU HAVE TO STOP AND WAIT FOR THAT TRAFFIC TO CLEAR.
I, I FILL UP THERE AT LEAST THREE TIMES A MONTH, SO, OKAY.
ANYTHING ELSE Y'ALL? NO, I JUST, YOU KNOW, FINAL COMMENT FROM ME IS, UH, LIKE, LIKE KEVIN, WHEN THIS MANY CRITERIA THE STAFF SAYS ARE NOT MET, EVEN IF I THOUGHT PERSONALLY A FEW WERE SUBJECTIVE AND COULD BE KIND OF MASSAGED A LITTLE BIT, THERE'S STILL A WHOLE LOT OF 'EM LEFT.
AND SO, YOU KNOW, IF WE WERE TALKING ONE OR TWO, THEY HAD A LITTLE SUBJECTIVITY, BUT, UH, I UNDERSTAND, YOU KNOW, I THINK THIS PIECE OF PROPERTY IS VERY SMALL FOR WHAT'S TRYING TO HAPPEN HERE.
BUT, BUT THAT'S THE PROPERTY YOU STARTED WITH.
UM, IT'S A LOT GOING ON IN A SMALL SPACE LIKE, LIKE BECKY SAID.
UM, SO YEAH, I MEAN, I'M JUST, I WAS LOOKING FOR WAYS, WHAT WAS THE REAL ISSUE? THE STREETSCAPE, THE, YOU KNOW, WHAT, WHAT WAS IT? UH, WALMART, YOU HELP ME UNDERSTAND THE WALMART ISSUE.
SO WALMART, I APPRECIATE THAT BIG QUESTION WAS, WELL, HOW DID THE CANES GET APPROVED? AND I'M NOT SURE ABOUT THAT, BUT I THINK Y'ALL STILL HAD THE, THE RIGHT COVERAGE ON CANES, BUT IT DOESN'T MATTER.
THAT'S JUST, THAT'S, THAT'S WHY THEY PUSHED SO HARD.
YEAH, BECAUSE I'M LOOKING AT, IF YOU DON'T KNOW ANY DIFFERENT, THIS IS A SEA OF CONCRETE.
THAT WHOLE AREA IS A SEA OF CONCRETE.
OR, YOU KNOW, WALMART'S GREEN IS PROBABLY IN THE BACK SOMEWHERE.
WHO KNOWS THAT NOBODY EVER SEES, BUT IT'S A SEA OF CONCRETE, UH, YOU KNOW, IS THAT STRIP BETWEEN WALMART AND BOTH STORAGE? YEAH.
I MEAN, IT'S LIKE, THAT'S ALL YOU SEE THERE.
IT'S A BIG PARKING LOT AND A BUNCH OF BUILDINGS, AND I DON'T EVEN THINK ABOUT THE TREES THAT ARE THERE.
I MEAN, IT'S LIKE, I, I THINK STAFF ALSO SEES IT AS, UM, AGAIN, AS, AS HAS BEEN MENTIONED, IT'S A VERY TIGHT SITE.
AND IN ORDER TO MAKE THAT SITE, UM, A LITTLE MORE, UM, I GUESS WORKABLE, BUT, BUT IN ORDER TO, TO TRY AND GET THAT SITE MORE TOWARDS WHAT OUR CODE WOULD CALL FOR, FOR A BRAND NEW SITE, YOU PROBABLY DON'T GET ANOTHER CHANCE AT THIS.
AT LEAST, YOU KNOW, FOR, FOR THE FORESEEABLE FUTURE FOR, FOR THOSE OF US SITTING HERE.
UM, SO YEAH, AND, AND LAMI ALSO MENTIONED THE, THE NEED FOR CONSISTENCY, THE NEED TO BE ABLE TO SAY, THIS IS THE CODE AND WE CAN FLEX A LITTLE BIT HERE AND THERE.
BUT, UH, AGAIN, IT'S A VERY PROMINENT SPOT IN THE CITY.
UM, WE ALL DRIVE PAST THERE ON A REGULAR BASIS.
MANY OF US ARE PATRONS OF THE, OF THE, UH, THE GAS STATION THERE TOO.
SO, UH, AGAIN, IT, IT'S JUST KIND OF EVERYTHING TOGETHER.
IS THERE A WAY TO, TO GET CLOSER AND NOT EVEN TO SAY, HEY, IT'S GOTTA COME UP TO A HUNDRED PERCENT OF WHAT OUR CODE CALLS FOR, FOR A BRAND NEW SITE, BUT CAN WE GET IT CLOSER? HOW CLOSE CAN WE GET IT? AND ARE THERE THINGS THAT THE SITE, UM, DESIGN CAN DO TO DO THAT? AND, AND TO BE HONEST, I THINK AT THIS STAGE, STAFF SEES IT AS THEY, THEY'VE NOT EXHAUSTED ALL THEIR OPTIONS TO, TO GET TO DO THAT.
AND IF I COULD, GILBERT, JUST TO PIGGYBACK ON WHAT YOU SAID, THAT IS SO MUCH CONGESTION IN THAT AREA BETWEEN THE CANES AND THE GAS STATION AND WALMART.
AND YOU SAY, BUT IT'S JUST A LITTLE, IT'S JUST THIS PERCENT OR THAT PERCENT.
NOW I LOOK AT IT IS THIS IS SUCH A CONGESTED AREA.
WE DON'T NEED TO MAKE A BAD SITUATION WORSE IN ANY WAY, IS MY OPINION.
GARTH ROAD IS A BAD SITUATION, WORSE IN ITSELF.
I DON'T USE IT AND IT'S GOING TO, AND IT'S GONNA GET WORSE.
ADDING MORE LANES TO IT IS A BAD SITUATION GETTING WORSE.
IT'S GONNA BE JUST MORE CARS JUST AS CONGESTED.
BUT HEY, THAT'S MY, THAT'S SOMETHING ELSE.
I JUST, YOU KNOW, I, I DO DRIVE AND I LOOK AT OTHER BUSINESSES AND, YOU KNOW, I THINK I'M GONNA THROW A LITTLE COMMENT.
WE SHOULD FORCE PEOPLE TO MAINTAIN WHAT THEY PUT THERE.
BECAUSE WE HAVE SOME BEAUTIFUL STREETS, SCAPES INITIALLY THAT TURN INTO CRAP DOWN THE ROAD.
THANK I'M NOT RUNNING FOR ANYTHING.
[00:40:01]
THANK Y'ALL.UNLESS THERE'S ANY OTHER DISCUSSION, UH, NEEDED OR DESIRED, I WOULD, UH, ASK FOR A MOTION TO, UH, DENY THE VARIANCE REQUEST.
ANY FURTHER DISCUSSION ON THE MOTION? IF NOT ALL IN FAVOR OF THE MOTION TO DENY, SAY AYE.
AND THE NEXT TIME I GO IN, I'LL ASK TO TALK TO THE MANAGER ON YOUR BEHALF.
[a. Receive a report from the Director of Planning and Development Services.]
UH, ITEM FIVE, A DIRECTOR'S REPORT, PLEASE.UH, AS YOU MAY HAVE NOTED, YOU HAVE A NEW BOARD MEMBER, UH, AT THIS TABLE TODAY.
SO IF YOU HAVEN'T ALREADY DONE SO, PLEASE WELCOME MR. TROLLER TO, TO WORK.
YEAH, I WAS WONDERING WHY HE EVEN GOT THE TALK
IT WOULD STILL BE FOUR TO ZERO.
UM, SO, UH, KEVIN, THANKS FOR BEING HERE TODAY.
UH, KEVIN IS TECHNICALLY OUR ALTERNATE, SO, UH, KEVIN IS HERE BECAUSE, UH, OUR OTHER PERSON WAS NOT.
SO, UM, AGAIN, THANK YOU FOR, FOR DOING THAT.
UM, UH, COUPLE OF QUICK UPDATES.
UM, AS YOU MAY BE AWARE, WE'VE BEEN WORKING ON THE NEW ULDC FOR THE LAST TWO YEARS THAT HAS IN FACT BEEN APPROVED AND, UH, UH, WILL GO INTO EFFECT ON JANUARY 1ST, ALONG WITH THE NEW ZONING MAP.
SO WE WILL PLAN BETWEEN NOW AND THEN TO, OR I SHOULD SAY, BETWEEN NOW AND THE NEXT TIME YOU GUYS HAVE A MEETING, TO TRY AND AT LEAST GIVE YOU AN OVERVIEW OF THE NEW CODE SO THAT YOU'RE NOT GOING IN COMPLETELY BLIND, UH, WITH THE FIRST VARIANCE REQUEST THAT COMES UP.
UH, OF COURSE, WE ALWAYS TRY TO EXPLAIN THAT.
WELL, BUT WHAT WE'D LIKE TO DO IS GIVE YOU A, A, A, UM, A HIGH LEVEL VIEW OF THE DIFFERENCES BETWEEN THE OLD CODE AND THE NEW CODE, JUST SO THAT YOU CAN, YOU CAN BE ABLE TO, UM, AND, AND YOU'RE SAYING, MARTIN, THAT THERE, UH, COULD BE SOME CHANGES IN THE ULDC THAT COULD AFFECT OUR PROCEEDINGS OR WHAT? UM, YES, IN THAT IT'LL BE INFORMATION THAT, OKAY, SO A LOT OF THE ZONING DISTRICTS, THE NAMES HAVE CHANGED.
SO ON JANUARY 1ST, YOU NO LONGER HAVE A, UM, YOU KNOW, SF TWO, UM, IT NOW BECOMES, UH, MIXED RESIDENTIAL.
IT'S NO LONGER A SINGLE FAMILY.
TWO, IT'S A MIXED RESIDENTIAL, WHICH COULD THROW YOU, SO I WANNA MAKE SURE IT'S THINGS LIKE THAT.
THERE'S NO LONGER, UM, MF TWO, WHICH IS MULTI-FAMILY.
UM, IT, IT BECOMES, UH, URBAN RESIDENTIAL, WHICH IS YOU ARE.
IF YOU SEE THAT AND YOU GO, I HAVE NO IDEA WHAT I'M LOOKING FOR, I DON'T WANT YOU TO GET STUCK IN THAT POSITION.
OBVIOUSLY STAFF DOES A REALLY GOOD JOB OF KIND OF TAKING EVERYTHING THAT YOU NEED WITHIN A PARTICULAR ITEM AND CONDENSING IT INTO A STAFF REPORT TO MAKE SURE THAT YOU DON'T HAVE TO GO LOOKING.
BUT I, I DON'T WANT ANY OF THAT TO THROW YOU.
THERE WILL BE SOME THINGS THAT WILL BE DIFFERENT FOR SURE.
I, I PERSONALLY LOOK FORWARD TO THAT TRAINING.
BECAUSE I'M BARB, YOU DON'T BELIEVE HIM.
SO YOU DON'T BELIEVE HIM THAT HE'S LOOKING FORWARD TO IT, THAT YOU SNICKERED, SO, OKAY.
I MEAN, OF COURSE MIKE WILL LOOK FORWARD TO THAT TRAINING.
IT WON'T PUT ANYBODY TO SLEEP OR ANYTHING, I PROMISE.
WELL, YOU DIDN'T GET, Y'ALL DIDN'T GET ON THE LAST TRAINING.
IT WAS VERY CONCISE AND TO THE POINT THAT WAS RIGHT.
UM, SO YEAH, WE, WE WILL TRY TO DO THE SAME WITH THE, THE TRAINING FOR THE NEW ULDC.
WE'VE, WE'VE HAD A COUPLE OF HICCUPS IN ROLLING THAT TRAINING OUT, SO WE WILL GET BACK TO YOU.
HOPEFULLY, LIKE I SAID BEFORE, YOU HAVE TO DECIDE ON SOMETHING.
UM, SO THAT, THAT'S REALLY THE, THE BIGGEST ITEM.
UM, I ALSO WANTED TO MAKE SURE THAT, AND, AND I DON'T REMEMBER TIMING, BUT UM, IF WE DID NOT ANNOUNCE THAT, UH, LAMIA AND NAY HAVE BOTH ENJOYED PROMOTIONS THIS YEAR.
WELL, SO, SO THE IMPORTANT PIECE OF THAT IS THAT NAY IS NOW A PLANNER ONE, WHICH MEANS THAT, UM, LESLIE HERE IS NOW YOUR, UM, YOUR PERSON WHO IS GONNA BE YOUR, YOUR MAIN POINT OF CONTACT FOR OUR MEETINGS THEMSELVES.
SO IF YOU DIDN'T ALREADY KNOW THAT, NOW YOU DO.
UM, AND THEN I ALSO WANTED TO POINT OUT THAT WE HAVE A NEW PLANNER THAT YOU WILL ALSO BE SEEING HER LOVELY FACE, AND THAT IS DRIA GIBSON HERE IN THE FRONT ROW IS OUR NEW PLANNER ONE.
AND, UM, SO YOU WILL, YOU WILL ALSO BE SEEING, UH, UM, HER AT THE MEETINGS AND PRESENTING TO YOU.
DID I FORGET ANYTHING? WE GOT EVERYTHING, I THINK.
SO, JUST A COMMENT, AND I KNOW Y'ALL ARE ALL AWARE, THE ULDC IS AN ENORMOUS AMOUNT OF WORK,
[00:45:01]
AND, UH, AS SOON AS YOU APPROVE IT AND GET IT OUT THERE, THERE'S THINGS OBSOLETE.I MEAN, YOU'RE NOT, YOU DON'T HAVE A PERFECT DOCUMENT.
IT'S, IT'S IMPOSSIBLE TO HAVE SUCH A THING, YOU KNOW, GIVEN THE TIME FROM THE FIRST ONE TO THIS ONE, MARTIN, HOW, HOW COMFORTABLE ARE YOU WITH WHAT'S COMING OUT NOW? I MEAN, DO YOU SEE THAT THERE'S STILL SOME MAJOR CHUNKS THAT HAVE TO BE UPDATED, BECAUSE AGAIN, YOU DON'T HAVE A, IT'S NOT INTENDED TO BE PERFECT DOCUMENT.
UM, THE ULDC WAS APPROVED BY CITY COUNCIL ON SEPTEMBER 12TH.
BY THE END OF SEPTEMBER, WE HAD A THREE PAGE LIST OF THINGS THAT WE WANTED TO CHANGE ABOUT THE NEW ULDC.
SO THAT IS GOING BEFORE, UH, PLANNING ZONING COMMISSION NEXT WEEK, AND WE'LL GO TO CITY COUNCIL IN DECEMBER.
WE DID BUILD OURSELVES IN A LITTLE WINDOW THAT DOES NOT BECOME EFFECTIVE UNTIL JANUARY 1ST.
NOW THAT SAID, IF ANYBODY WANTS TO TAKE ADVANTAGE OF THE NEW CODE PRIOR TO THAT, THEY ARE ABLE TO DO THAT.
BUT OTHER, BUT IT'S, IT'S AN ALL OR NOTHING KIND OF, UH, QUESTION.
UM, SO WHAT WE'RE TRYING TO DO, AND ACTUALLY COUNSEL SAID THIS AT THE SEPTEMBER 12TH MEETING, WAS THERE ARE A COUPLE OF THINGS THAT THEY FELT WENT UNANSWERED.
AND SO WE WERE TRYING TO MAKE SURE THAT THOSE GET ANSWERED PRIOR TO THE END OF THIS CALENDAR YEAR, WHICH IS WHAT THEY REQUESTED FROM US.
BUT WE HAVE A WHOLE BUNCH OF OTHER STUFF WHERE WE WERE LIKE, OKAY, NOW THAT WE'RE GETTING INTO THE MEET OF THIS THING AND TRYING TO USE IT, UM, WE'RE UNDERSTANDING THAT, OKAY, WE MISSED THAT.
THERE'S SOMETHING THAT SHOULD HAVE SAID THIS OVER HERE.
THERE'S A GAP HERE, WHATEVER IT IS, WE'RE FIXING ALL THOSE THINGS.
SO ARE THE CHANGES REALLY SUBSTANTIVE FROM HERE TO THERE? NOT REALLY.
UM, BUT THEY COULD BE THINGS THAT WOULD, I WOULD COME IN AND ASK FOR A VARIANCE FROM THE BOARD OF ADJUSTMENT.
SO WE DO WANNA MAKE SURE WE GET 'EM RIGHT.
BUT THERE'S STILL A COUPLE THINGS IN THERE THAT PERSONALLY I WOULD LIKE TO SEE.
THERE ARE SOME THINGS THAT WE SEE VARIANCES FROM ALL THE TIME THAT WHEN YOU SEE MORE THAN A COUPLE OF VARIANCES ON ONE THING MM-HMM
THEN THAT'S A, THAT'S A SIGNAL THAT SHOULD BE A FLAGG TO STAFF TO SAY, OKAY, WE NEED TO DO SOMETHING ELSE WITH THAT ORDINANCE, BECAUSE OTHERWISE PEOPLE WOULDN'T BE ASKING FOR VARIANCES ALL THE TIME.
UM, MORE OF THAT FROM PLANNING AND ZONING COMMISSION THAN WE DO FROM THIS BOARD.
UM, BUT JUST BECAUSE IT'S VERY SPECIFIC.
UM, THAT SAID, THERE'S A FEW THINGS THAT I THINK RYAN AND I HAVE DISCUSSED WHERE WE, WE DO WANT TO MAKE SOME CHANGES TO THOSE ITEMS, BUT WE NEED TO MAKE SURE THAT WE DO IT RIGHT.
SO WE'RE DOING A LITTLE BIT MORE IN DEPTH, UM, RESEARCH AND SEEING WHAT OTHER COMMUNITIES ARE DOING COMING BACK.
JUST MAKE SURE THAT IT, THAT, THAT GOES THROUGH FOR THE, YOU KNOW, THE WAY WE WANT IT TO.
ALL THAT SAID, WE DO SEE, UM, MORE AND MORE OF THESE LITTLE CHANGES PROBABLY OVER THE NEXT YEAR AS WE KIND OF EXERCISE OUR MUSCLES ON THE ULDC.
AND, UM, IT'LL ALWAYS, WE'LL ALWAYS BE MAKING CHANGES TO IT, I THINK.
UM, IT'S MEANT TO BE A LIVING DOCUMENT.
UM, BUT THIS FIRST YEAR IS, IS THE MOST, UM, CRITICAL.
UH, AND ALSO THE THINGS WHERE WE'LL CATCH ALL THIS LITTLE STUFF THAT WE DIDN'T CATCH DURING THE, THE TWO YEARS WHERE OUR BRAINS WERE JUST FLOODED WITH IT.
AND YOU JUST LOOK RIGHT OVER THE TOP OF IT SOMETIMES.
LOOK, KUDOS TO YOU AND, AND RYAN, OBVIOUSLY YOU ARE THE ONES THAT MOSTLY SPEAK TO COUNCIL P AND Z, THIS BOARD, BUT PLEASE TAKE BACK TO YOUR STAFF BECAUSE THERE'S SO MANY PEOPLE BACK THERE THAT, THAT DO HERCULEAN WORK TO MAKE THOSE DOCUMENTS COME.
SO THANKS TO YOUR STAFF FOR ALL THAT THEY DO.
UH, WITH THAT, I HAVE NOTHING ELSE TO REPORT TO THE BOARD.
IF THERE IS NOTHING ELSE, I WOULD, UH, ASK FOR A MOTION TO ADJOURN.