* 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. IT [00:00:01] IS FIVE O'CLOCK. [ CITY OF BAYTOWN NOTICE OF MEETING PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 15, 2020 5:00 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures, the public may not be allowed to be physically present at this meeting, as there is a limited amount of space when maintaining the required six feet of separation from others. For those members of the public that cannot or do not wish to be physically present at the meeting, they will be able to participate through two-way communications. For video conferencing, use the following website www.zoom.com, click on "join a meeting" on the top right corner, and input the following Meeting ID: 792 634 318. For telephone conferencing please use the following toll-free number: 1-877-853-5247, Meeting ID: 792 634 318. Any person who is participating through video/teleconferencing interested in speaking on any item on the agenda must submit their request via email to the Planning and Development Service Department at planning@baytown.org. The request must include the speaker's name, address, and phone number that will be used if teleconferencing as well as the agenda item number. The request must be received prior to the posted time of the meeting. The agenda packet is accessible to the public in both HTML and PDF formats at the following link: https://www.baytown.org/city-hall/city-clerk/agendas-minutes. For more information or questions concerning the teleconference, please contact the Planning and Development Service Department at planning@baytown.org. ] I'D LIKE TO CALL TO ORDER THE PLANNING AND ZONING COMMISSION REGULAR MEETING OF TUESDAY, SEPTEMBER 15TH, 2020. OOPS. OKAY, THE FIRST ITEM [1. MINUTES] OF BUSINESS IS MINUTES. CONSIDER APPROVING THE, THE MEETING MINUTES OF AUGUST 18TH, 2020. THE PLANNING AND ZONING COMMISSION REGULAR MEETING. MOTION TO APPROVE. SECOND. I HAVE A MOTION TO APPROVE. AND A SECOND. ANY COMMENTS? ANY CORRECTIONS? HEARING NONE. ALL THOSE IN FAVOR OF PASSING THE MINUTES, PLEASE SAY, AYE. A AYE. OPPOSED? MOTION CARRIES. NOW GO TO ITEM TWO [a. Consider approving Ameriport Business Park Section One Preliminary Plat, located southeast of the intersection of FM 565 and FM 2354, legally described as approximately 43.01 acres in the Benjamin Winfree Survey Abstract No. 28, Chambers County, Texas.] PLATS. CONSIDER APPROVING THE AMERICORP BUSINESS PARK SECTION ONE. PRELIMINARY PAT PLAT LOCATED SOUTHEAST OF THE INTERSECTION OF FM 5 65 AND FM 2354, LEGALLY DESCRIBED AS APPROXIMATELY 43.01 ACRES IN A BENJAMIN WINFREY SURVEY, ABSTRACT NUMBER 28, CHAMBERS COUNTY, TEXAS. YVONNE. HELLO. GOOD EVENING COMMISSION. HELLO. UM, WHAT THIS PLAT IS, IS A PRELIMINARY PLAT SO THAT THEY CAN GET APPROVAL TO SUBMIT CIVIL PLANS TO INSTALL INFRASTRUCTURE. UM, THEY ARE CONSTRUCTING A ROADWAY, UM, THAT LEADS TO A BACK LOT. IT'S GOING TO BE ONE BLOCK, ONE LOT, AND ONE RESERVE. AND THIS IS PART OF AMERICORPS, WHICH IF YOU DON'T KNOW AS THE INDUSTRIAL, ONE OF OUR INDUSTRIAL DISTRICTS. OKAY. THANK YOU COMMISSIONERS QUESTIONS. SO, YVONNE. OKAY. WE HAVE A MOTION TO APPROVE THIS. PLA DO WE HAVE A MOTION TO, TO APPROVE THIS PLAN? SO MOVE. SECOND, SECOND, SECOND. I HAVE A MOTION AT LEAST. ONE SECOND. POSSIBLY TWO. UH, ANY OTHER DISCUSSION? COMMISSIONERS? HEARING NONE. ALL THOSE IN FAVOR OF APPROVING THIS PLAT, PLEASE SAY AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU. UH, ZONING NUMBER FOUR. I'M GONNA READ THIS. UM, NOTICE ONE. DO WE DO THREE A? YEAH, THREE A VARIANCE. OH, I'M SORRY. VARIANCES. THANK YOU VERY MUCH. [a. Consider approving a request for a subdivision variance to allow reduced frontage on an improved public right-of-way for approximately 7.54 acres of unaddressed property, legally described as being 7.54 acres situated in Block 49, Elena Fruit and Cotton Farms Unit A, ETJ, Harris County, Texas.] THREE THREE A VARIANCES. CONSIDER APPROVING A REQUEST FOR A SUBDIVISION VARIANCE TO ALLOW REDUCED FRONTAGE ON AN IMPROVED, UH, PUBLIC RIGHT OF WAY FOR APPROXIMATELY 7.54 ACRES OF UNADDRESSED PROPERTY LEGALLY DESCRIBED AS BEING 7.54 ACRES SITUATED IN BLOCK 49. ELENA FRUIT AND COTTON FARMS UNIT A. IT'S IN OUR EXTRATERRITORIAL JURISDICTION, HARRIS COUNTY, TEXAS. THANK YOU, SIR. UH, THIS IS A REQUEST TO VARY FROM SECTION, UH, 1 26 DASH FOUR 18 OF THE SUBDIVISION ORDINANCE, WHICH REQUIRES 60 FEET OF FRONTAGE, UM, ON RIGHT OF WAY. UM, AND THAT REQUEST IS FOR PROPERTY ADDRESS AS 37 13 FIG ORCHARD ROAD. UH, THE SUBJECT PROPERTY IS LOCATED IN THE ETJ, THE EXTRATERRITORIAL JURISDICTION OF THE CITY. UH, THE APPLICANT IS PROPOSING TO, UH, SUBDIVIDE 7.54 ACRES INTO FIVE LOTS IN ONE BLOCK. UM, UNDER THE PROPOSED CONFIGURATION, UH, THE SUBDIVISION OF THE SUBDIVISION LOT ONE WOULD HAVE FRONTAGE, UM, ON FIG ORCHARD, UH, BUT IT WOULD LEAVE THE REST WITHOUT, UH, DIRECT FRONTAGE ON FIG ORCHARD ROAD. UM, HOWEVER, UH, THEY WOULD BE ABLE TO ACCESS, UH, THE PROPERTY FROM FIG ORCHARD THROUGH A 30 FOOT WIDE ACCESS EASEMENT. THAT WOULD BE PLATTED, UM, ON THE PLAT. HOWEVER WE NEED, THEY WOULD NEED THE VARIANCE TO GET TO THAT POINT. UM, HARRIS COUNTY HAS NO OBJECTION TO THE PROPOSAL AND THE CITY DOES NOT PROVIDE ANY SERVICES TO THE PROPERTY AS IT'S LOCATED IN THE ETJ. UM, STAFF IS AVAILABLE FOR QUESTIONS IF YOU HAVE ANY. THE APPLICANT IS AVAILABLE VIA, UH, VIA ZOOM. IF YOU HAVE ANY QUESTIONS, COMMISSIONER'S QUESTIONS ON THIS REQUEST FOR THE VARIANCE. THE HOUSES ARE ORIENTED, I GUESS 90 DEGREES FROM THE, FROM FIG ORCHARD, RIGHT? THEY'RE FACING, WELL, WELL, IT'S VACANT LAND RIGHT NOW. OKAY. SO I GUESS AS THE LAST SLIDE THAT THEY'RE, THEY WOULD FACE THE ACCESS. THE ACCESS. OKAY. OKAY. THANK YOU. MM-HMM . ANY OTHER QUESTIONS? COMMISSIONERS? DO I HAVE A MOTION FOR APPROVAL? MOVE SECOND. I HAVE A MOTION AND A SECOND FOR APPROVAL. ANY FURTHER QUESTIONS? HEARING NONE. ALL THOSE IN FAVOR OF APPROVING THE MOTION, PLEASE SAY, AYE. A OPPOSED? MOTION CARRIES. THANK YOU VERY MUCH. NOW WE GO TO ZONING. [a. Conduct the first public hearing concerning a request to amend the official zoning map to rezone approximately 100 acres generally located on either side of Sheppard Road, San Jacinto Blvd., Connally Road, and Thomas Road excluding areas directly adjacent to John Martin Road and W. Cedar Bayou Lynchburg Road including multiple parcels, all within Baytown, Harris County, Texas, from Open space/recreation (OR) to Low density single-family residential dwellings (SF1) zoning district. ] JUMPED THE GUN. ALRIGHT. YEAH, I'M SORRY. THE PUBLIC HEARINGS TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK AT TODAY'S PUBLIC HEARINGS SHOULD HAVE ENTERED IT SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR [00:05:01] EMAILED IT TO PLANNING AND PLANNING@BAYTOWN.ORG. PRIOR TO THE POSTED TIME OF THIS MEETING, EACH SPEAKER SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING. AND IT ALSO PROVIDES US THE SPEAKING ORDER. THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT INFORMATION. HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE. IF YOU'RE WITH A GROUP OF PERSONS WISHING TO ADDRESS THE COMMISSION ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION. IF, IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME AND I'LL ATTEMPT TO ANSWER. OKAY. NOW WE'RE GONNA TAKE THIS A LITTLE BIT ABOUT OUT OF THE POSTED, UH, AGENDA, JUST TO SEE IF WE CAN MAKE THIS A LITTLE BIT, NOT ONLY QUICKER, BUT ALSO HAS APPLICANT NUMBER FOUR. EXCUSE ME. WE'RE NOT GONNA GO OUTTA ORDER UNTIL WE GET TO NUMBER FOUR. AH, OKAY. SORRY. MY FAULT. WE'RE GONNA, WHEN WE GET THE FIVE, WE'LL GET TO DIFFERENT PROCEDURES. OKAY. NOW WE'RE GOING. FIRST PUBLIC HEARING IS TO ADDRESS CONCERNS REQUESTING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY A HUNDRED ACRES. GENERALLY LOCATED ON EITHER SIDE OF SHEPHERD ROAD, STINO BOULEVARD, CONLEY ROAD, THOMAS ROAD, EXCLUDING AREAS DIRECTLY ADJACENT TO JOHN MARTIN ROAD AND WEST CEDAR BIO LYNCHBURG ROAD, INCLUDING MULTIPLE PARCELS ALL WITHIN BAYTOWN HARRIS COUNTY, TEXAS, FROM OPEN RECREATION OR TO LOW DENSITY SINGLE FAMILY DWELLING RESIDENTIAL DWELLINGS. SF ONE ZONING DISTRICT. YES, MA'AM. SORRY FOR GETTING CONFUSED THERE, . NOT A PROBLEM. UH, SO GOOD EVENING, COMMISSIONERS. SO THIS IS PHASE TWO OF THE REZONING OF THIS AREA, WHICH WAS ANNEX BACK IN 2017. IF YOU RECALL, THE FIRST PHASE WAS THE GENERAL COMMERCIAL ALONG, UH, WEST CEDAR BAYOU LYNCHBURG, AS WELL AS JOHN MARTIN. SO TONIGHT WE'RE DOING THE INNER PART, UM, REZONING TO SF ONE. OF COURSE, THIS AREA WAS AUTOMATICALLY ZONED OR AFTER ANNEXATION. SO, UH, THIS SF ONE IS, UH, DOES COMPLY WITH THE FLUKE. ADDITIONALLY, TWO OTHER PARCELS WITHIN THIS AREA, IF NATHAN CAN POINT THEM OUT FOR ME, UH, UH, HAVE ALREADY BEEN APPROVED SF ONE, UH, BACK IN 2019. OKAY. THIS COMMISSION'S RATHER, I THINK WELL VERSED IN WHAT WE'VE DONE HERE. ANY QUESTIONS OF STAFF COMMISSIONERS? OKAY. WE HAVE ONE, UH, PERSON THAT HAS SIGNED UP TO, TO SPEAK. RONNIE VALE. IF YOU COULD GIVE US YOUR NAME AND YOUR ADDRESS, SIR. RONNIE VALE. 53 14 SHEPHERD ROAD. THANK YOU, BAYTOWN. I'M JUST WONDERING WHAT, UH, YOU KNOW, I READ PRETTY MUCH ALL THIS MATTER OF FACT, I READ IT TWICE, BUT, UH, YOU KNOW, THE PROPERTY LINES Y'ALL ARE STATING ON THERE, YOU CAN'T HAVE ANIMALS OR FARM ANIMALS WITHIN A HUNDRED FEET OF OTHER PEOPLE'S PROPERTY LINES, WHICH MOST OF THESE PROPERTIES, THEY'RE NOT, THEY'RE NOT 200 FOOT WIDE. SO IT'S IMPOSSIBLE TO DO THAT IN THE CENTER OF YOUR PROPERTY. CORRECT. I MEAN, I'VE LIVED THERE 58 YEARS. WHY ARE WE DOING THIS? PERIOD? YOU'RE ASKING THAT QUESTION. YES, SIR. I'M ASKING STAFF. YOU WANNA RESPOND? WHY, WHY? SURE. OH, PARDON ME. UM, THIS WAS A DIRECTIVE THAT WAS ACTUALLY GIVEN TO US BY CITY COUNCIL. AND SO WHEN WE CAME IN AND WE DID THE REZONING, I I CAN'T HEAR YOU. OH, I APOLOGIZE. IS THAT BETTER, SIR? YES, SIR. OKAY. THIS WAS ACTUALLY ONE OF THE DIRECTIVES THAT WAS GIVEN TO US BY CITY COUNCIL. UH, A NUMBER OF YEARS AGO. BACK IN 2017, THERE WERE SOME AREAS OF THE CITY THAT WE BROUGHT IN INVOLUNTARILY. AND AS PART OF OUR STRATEGIC PLAN, WE WERE GOING TO GO BACK TO THOSE AREAS. 'CAUSE WHEN WE BROUGHT THEM INTO THE CITY, THEY ARE AUTOMATICALLY ZONED OPEN SPACE RECREATIONAL. AND SO THIS IS ACTUALLY THE SECOND PORTION OF ABOUT FOUR MORE. I THINK, AND CORRECT ME IF I'M WRONG, FRANKIE, I THINK THERE'S FOUR MORE AREAS OF THE CITY THAT WE HAVE TO GO BACK IN AND REZONE. AND SO WE WOULD HAVE SOME SORT OF LAND USE CONTROL. UM, WE PASSED A, A NUMBER OF, UH, JUST RECENTLY A TEXT CHANGE THAT ACTUALLY WOULD ALLOW FOR FOLKS THAT HAVE LIVED OUT IN THIS PARTICULAR AREA, UM, AN OPPORTUNITY TO STAY AS, UM, RESIDENTIAL OR HOWEVER ELSE THEY WERE, UH, U UTILIZING THEIR PROPERTIES. AND I JUST WANTED TO, TO ALSO LET YOU KNOW, SIR, IS THAT, THAT THE RULE AND REGULATION THAT WE TALKED ABOUT FOR ANIMALS, IT'S ACTUALLY A HUNDRED FEET FROM, UH, A STRUCTURE, NOT NECESSARILY THE PROPERTY LINE. SO IN MOST CASES, FROM WHAT WE HAVE KIND OF LOOKED AT, I I DON'T KNOW EXACTLY WHICH, WHICH, UH, PARTICULAR LOT IS YOURS. BUT IN MOST OF THE CASES THAT WE LOOKED AT IT, IT LOOKED LIKE THERE WAS ABLE TO BE SOME SORT OF, OF USE IF THERE WAS A, UM, UH, IF THERE WAS SOME SORT OF ANIMALS ON [00:10:01] THE PROPERTY, THERE WOULD BE ABLE TO BE AN OPPORTUNITY TO KEEP THOSE ANIMALS THERE AND BE IN LINE WITH THE ORDINANCE. OKAY. I'M APPROXIMATELY 80 FEET WITH THE ANIMALS, BUT YOU KNOW, WE, I STILL GROW A GARDEN, HAVE ANIMALS. AND YOU MENTIONED SOMETHING ABOUT, UH, RECREATIONAL. DID YOU NOT TRY TO MAKE A RECREATIONAL AREA? WELL, THAT'S WHAT IT'S CURRENTLY ZONED. IT'S CALLED OPEN SPACE RECREATIONAL, WHICH ACTUALLY DOESN'T ALLOW FOR ANY STRUCTURES, UH, OR VERY LIMITED IN A NUMBER OF STRUCTURES. AND SO WHAT THIS DOES IS THAT IT WILL BRING IN, UM, THE CITY IN LINE WITH WHAT, UH, THIS PARTICULAR BODY AND ALSO THE CITY COUNCIL HAS, HAS LOOKED TO, TO, AND HAS WANTED TO HAVE IN, IN THIS PARTICULAR AREA. SO WE'RE TALKING ABOUT NEW STRUCTURES, CORRECT? CORRECT. YES, SIR. AND SO I DON'T HAVE TO PARK MY BOAT BEHIND THE HOUSE AND WELL, EVENTUALLY THE, ALL OF THE RULES AND REGULATIONS WILL, WILL COME INTO PLAY AND THAT YOU'LL HAVE TO FOLLOW. WE, WE DO GIVE A LITTLE BIT OF A, A A GRACE PERIOD FOR EVERYONE TO UNDERSTAND WHAT'S GOING ON. WE'RE, WE'RE FLEXIBLE. WE TRY TO WORK WITH FOLKS WHEN IT COMES DOWN TO THAT. BUT WHAT WE'D LIKE TO DO IS MEET WITH YOU AFTERWARDS AND WE CAN KIND OF GO OVER EACH AND EVERY ONE OF YOUR, YOUR PARTICULAR PARTICULAR QUESTIONS AND WE'LL HAVE ALL THOSE ANSWERED FOR YOU. YEAH, WELL THAT'S, THAT'S THE PROBLEM, YOU KNOW, LIVED THERE. LIKE I SAY, ALL MY LIFE, I FEEL LIKE I WANNA PARK MY BOAT IN THE DRIVEWAY. THAT'S WHAT I'M GOING DO. I MEAN, IS WHAT IT IS. SO THAT FLYING THE FLAGS, I, I, LIKE I SAY, I READ THIS UP AND DOWN A FEW TIMES AND I JUST, I JUST DON'T LIKE THE REGULATIONS. Y'ALL ARE TRYING TO SQUEEZE ON US BECAUSE THE LAST TIME WE WERE HERE, THE LAST WORDS THAT COME OUTTA THE MAYOR'S MOUTH WAS NOTHING WOULD CHANGE. AND APPARENTLY IT'S CHANGE IT. SORRY. UM, SO THERE, THERE IS A LA I THINK WHAT'S GONNA BEST SUIT BOTH OF US IS THAT IF WE SAT DOWN, AND WE CAN KIND OF GO OVER IT 'CAUSE THE MAYOR IS CORRECT, IS THAT THERE, WHAT WE CONSIDER TO BE, UM, A CONTINUATION OF A NON-CONFORMING USE. THAT'S TRUE. THAT'S WHENEVER THE CITY BRINGS SOMETHING INTO, UM, INTO THE CITY'S LIMITS, IS THAT YOU CAN CONTINUE AS YOU HAVE CONTINUED THERE FOR HOWEVER MANY YEARS. UM, AS, AS IS ALL IT LIMITS IS CERTAIN, UM, NEW STRUCTURES THAT CAN BE, CAN BE BROUGHT ONTO THE PROPERTY. MM-HMM . AND THEN WE DID A, UM, A VERY, JUST VERY RECENTLY, PROBABLY WITHIN THE LAST TWO MONTHS, IT WAS ADOPTED BY CITY COUNCIL THAT THERE WERE ADDITIONAL ALLOWANCES GIVEN TO FOLKS IN YOUR PARTICULAR SITUATION. AND SO WHAT WE CAN DO IS WE CAN GO OVER ALL OF THOSE QUESTIONS AND ANSWERS AND, UH, WE CAN PROBABLY PUT YOUR MIND AT EASE. I WOULD SAY PROBABLY 80 OR 90% OF, OF, FOR 89% OF YOUR QUESTIONS. YEAH. GIMME 10, 15 YEARS. Y'ALL DON'T HAVE TO WORRY ABOUT ANYMORE. RIGHT. WELL, WE'RE HOPING THAT, WE'RE HOPING THAT WE'RE GONNA BE ABLE TO ANSWER YOUR QUESTIONS AND, AND WE'LL PUT YOUR MIND AT EASE. I, BUT I THINK IT'S GONNA BE BEST SUITED IF WE WERE ABLE TO KIND OF LIST THOSE QUESTIONS OUT AND THEN ANSWER THEM. AND THEN WE'RE GONNA HAVE TWO MORE PUBLIC HEARINGS FOR THIS ONE AT, UH, THE NEXT PUB P AND Z OR PLANNING AND ZONING COMMISSION MEETING. AND THEN ALSO WE'LL FOLLOW UP IN, IT'LL GO TO CITY COUNCIL, WHICH WILL ALSO HAVE A PUBLIC HEARING. AND THEN, UH, THE COUNCIL IS THE DECISION MAKER IN THIS PARTICULAR SITUATION. SO YOU'LL BE ABLE TO COME AND VOICE YOUR CONCERNS AT EACH AND EVERY ONE OF THOSE STAGES. OKAY. JUST TAKE ONE THING IN CONSIDERATION. THERE'S A LOT OF O ELDERLY PEOPLE THAT OLDER THAN I AM THAT LIVE IN THE NEIGHBORHOOD AND THAT'S WHY THEY'RE NOT HERE. 'CAUSE THEY'RE NOT ABLE UNDERSTOOD. JUST TAKE THAT INTO CONSIDERATION. UM, AND PLEASE CORRECT ME, UM, FRANKIE IS THAT WITH THIS, WHEN, WHEN WE DID THE ORIGINAL ONE, WE, UH, ORIGINAL ZONING MAP AMENDMENT CHANGE ALONG, UH, THE WEST CEDAR BIO LYNCHBURG AND ALSO ALONG JOHN MARTIN, WE HAD PLACED, UH, DOOR HANGERS OUT THERE JUST TO MAKE SURE THAT EVERYONE HAD AN OPPORTUNITY TO RESPOND TO TH THIS REQUEST, WHETHER IT'S VIA COMING HERE OR EITHER COMING BY ZOOM, LOT OF 'EM ARE NOT ABLE TO COME IN AS WELL. UNDERSTOOD. SORRY. SO, UH, WE DID A, UH, AN EXTRA INITIAL, UM, UH, NOTIFICATION AS WELL AS DOOR HANGERS. UM, SO, UH, I PERSONALLY WENT TO THE DOORS, UH, ME AND AMELIA, ANOTHER ONE OF OUR PLANNERS WENT TO THE DOORS AND PUT A DOOR HANGER ON EVERY STRUCTURE IN THIS AREA. MM-HMM . UH, WITH MY OFFICE CELL PHONE THERE. OKAY. SO ANYBODY WHO CALLS THE NUMBER THAT'S ON THAT DOOR HANGER ON EITHER OF THE TWO MAIL-OUTS WE ALREADY SENT OUT, IT WILL GO STRAIGHT TO MY OFFICE. WELL, I HATE TO SAY IT, ONE OF 'EM JUST GOT OUTTA THE HOSPITAL, SO APPARENTLY YOU DIDN'T GET ALL THEM. SORRY. YEAH, THAT'S WHAT I'M SAYING. THERE'S A LOT OF ELDERLY PEOPLE THAT IN THE TWO ROWS THAT THERE, MOST OF 'EM LIVED THERE. I'VE LIVED THERE ALL MY LIFE AND I KNOW THAT ACROSS THE STREET AND DOWN THE ROAD, I CAN PICK OUT A FEW THAT PROBABLY STILL USING A FLIP PHONE IF THEY HAVE A FLIP PHONE. SO, YOU KNOW, THAT'S, THAT'S WHAT I'M SAYING. TAKE THAT INTO CONSIDERATIONS. THINK ABOUT YES, PLEASE. WHEN, WHEN, WHEN Y'ALL ARE, YOU KNOW, OF COURSE. AND WHAT I WOULD, I'D LIKE TO OFFER AS AN OPPORTUNITY, AND I THINK IF THAT'S WHAT FRANKIE WAS SAYING, IS THAT NOT ONLY IF THEY DO CALL FRANKIE, WHAT WHAT WE CAN DO IS THAT EVEN IF IT'S DONE BY MAIL, A MAIL IN, WE'LL, WE'LL BRING THAT TO, UM, UH, THE [00:15:01] CHAIRMAN AND THE CHAIRMAN WILL READ ALL OF THOSE, THOSE PARTICULAR, IF IT'S, UH, EITHER FOR OR AGAINST. AND BECAUSE THIS IS ALL OF WHY WE HAVE PUBLIC PARTICIPATION, WE WANNA MAKE SURE WE HEAR THE PUBLIC WHEN THIS, THESE, THESE, UM, UH, ACTIONS DO OCCUR. AND SO EITHER THEY CAN CALL IT IN AND WE CAN, WE CAN STAND AT THE PODIUM AND THEN STATE WHAT THEY'RE EITHER FOR OR AGAINST. IF THAT'S THE, IF THAT'S THE ISSUE. UM, SO I HAVE THE RIGHT TO GAIN. CAN I GET A PETITION GOING WITH, OF COURSE. YES. YES SIR. OKAY. HOW MUCH DO I HAVE TO SWAY THIS? HOW MANY PEOPLE DO I HAVE TO HAVE TO SWAY THIS? WELL, I DON'T THINK IT'S A MATTER OF SWAY YOU, YOU JUST GET AS MANY AS YOU CAN AND PRESENT THAT PETITION, THEN IT WOULD BE UP TO THESE BODIES TO MAKE A DETERMINATION. I DON'T THINK THERE'S A MAGIC NUMBER THAT THAT GETS YOU ANYWHERE. BUT I THINK WHAT YOU NEED TO DO IS, THE PURPOSE OF THE HEARING IS TO HEAR INPUT, TO HEAR INFORMATION, TO HEAR PEOPLE'S FEELINGS. SO THE MORE INFORMATION WE GET, THE BETTER DECISION WE CAN MAKE. OKAY. LIKE I SAY, GIVE MOST OF 'EM 10 YEARS, 15 YEARS. YOU DON'T HAVE TO WORRY ABOUT IT ANYMORE. IT'LL BE NEW BLOOD THERE, I PROMISE YOU. JUST, YOU KNOW, IT IS WHAT IT IS. THANK Y'ALL. THANK YOU. THANK YOU. UH, NO ONE ELSE HAS SIGNED UP FOR THIS PARTICULAR HEARING, SO I'M GONNA DECLARE THIS HEARING CLOSED. OKAY. THIS IS WHERE MY, WHERE I GOT OFF TRACK BEFORE. NOW WE HAVE SOME PROPOSED [b. Conduct the second public hearing concerning a request for a Special Use Permit (SUP) as relates to a requested Heavy industrial (HI) use(s) not defined in the Unified Land Development Code (ULDC) for 136.57 acres, located at 6511 Thompson Road, zoned Light industrial (LI), legally described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms “C”, Harris County, Texas.] PORT 10 DEVELOPMENTS. THIS IS FIVE. I'M GONNA DO THIS A LITTLE BIT OUT OF ORDER. SO WE'RE GONNA DO WHAT WOULD BE FIVE B FIRST FIVE B. THIS IS TO CONDUCT A SECOND PUBLIC HEARING CONCERNING REQUEST FOR A SPECIAL USE PERMIT. AN SUP AS IT RELATES TO REQUESTED HEAVY INDUSTRIAL USES NOT TO FIND ANY UNIFIED LAND DEVELOPMENT CODE FOR 136.57 ACRES. LOCATED AT 65 11 THOMPSON ROAD. ZONED LIGHT INDUSTRIAL LI LEGALLY DESCRIBED AS TRACK THREE BLOCK TWO TRACKS 20 AND 20 A BLOCK 20, TRACK 21 B DASH ONE BLOCK 22 AMTRAKS 23 AND 23 C BLOCK BLOCK 23 OF THE ELENA FRUIT AND COTTON FARMS, C HARRIS COUNTY, TEXAS. THANK YOU, SIR. YOU'RE WELCOME. UH, SO I, I REALIZE EVERYONE WAS AT THE LAST MEETING PROBABLY AND, AND HEARD THE PRESENTATION, BUT WE'LL GO OVER IT IN IN DETAIL FOR THE MEMBERS OF THE PUBLIC THAT MAY NOT HAVE TO. UH, THIS IS A REQUEST FOR A SPECIAL USE PERMIT, WHICH IS ACCOMPANIED BY ANOTHER REQUEST FOR A ZONING MAP AMENDMENT OR REZONING FOR 136.57 AC ACRES SITUATED IN THE PORT 10, UH, LOGISTICS CENTER DEVELOPMENT. UH, THE REZONING IS FOR, UH, LIGHT INDUSTRIAL TO HEAVY INDUSTRIAL. UM, THE PROPOSED USE IS A RAIL YARD. UM, THIS IS AN INDUSTRIAL USE THAT IS NOT DEFINED BY THE LDC, WHICH IS THE KIND OF THE CATALYST FOR THE REQUIREMENT OF THE SPECIAL USE PERMIT. SO THAT'S WHY WE'RE DISCUSSING IT HERE TODAY. THE TWO REQUESTS ARE LINKED TOGETHER. UH, THE INITIAL MASTER PLAN FOR PORT 10 HAD ALWAYS INCORPORATED SOME AMOUNT OF RAIL. HOWEVER, THE PROPOSED RAIL YARD IS MORE INTENSE THAN THE INITIAL MASTER PLAN HAD SUGGESTED, AND THEREFORE NO LONGER SUITABLE FOR THE LIGHT INDUSTRIAL ZONING DISTRICT. AS YOU CAN SEE, THE ORIGINAL PROPOSAL WE'RE HERE. UH, THE CURRENT FUTURE LAND USE PLAN, UM, DESIGNATION FOR THE SUBJECT PROPERTY IS BUSINESS PARK. UM, AT THE CONCLUSION OF THESE HEARINGS, YOU'LL DISCUSS THE, THE PROPOSED EFFORTS TO AMEND THE FLU, UM, FOR INDUSTRIAL FOR THIS SUBJECT PROPERTY IN SOME AREA OUTSIDE OF IT. THE SUBJECT PROPERTY IS SURROUNDED BY ZONED OR DEVELOPED LIGHT INDUSTRIAL PROPERTIES TO THE NORTHEAST, UM, UH, NORTHEAST AND WEST. UH, THERE ARE PREDOMINANTLY RESIDENTIAL AREAS, UM, THAT ABUT THE SUBJECT PROPERTY TO THE SOUTH THAT ARE LOCATED OUTSIDE OF THE INCORPORATED LIMITS OF BAYTOWN IN THE HARRIS COUNTY ETJ. UH, BECAUSE THESE PROPERTIES TO THE SOUTH ARE NOT LOCATED WITHIN THE CITY LIMITS, UH, COMPATIBILITY STANDARDS ARE NOT REQUIRED. HOWEVER, STAFF HAS ASSESSED SOME CONDITIONS THAT WILL, UM, SOME MITIGATION PRACTICES THAT WILL, YOU KNOW, UH, BUFFER THE TWO USES HOPEFULLY. UM, AT THE LAST MEETING LAST MONTH, UH, THERE WAS AN INITIAL PROPOSAL, UH, ALONG THE SOUTHERN BOUNDARY TO INCORPORATE A VEGETATIVE, UM, BUFFER ZONE BETWEEN THE TWO PROPERTIES AND A BERM AS WELL. UM, BETWEEN THE TWO MEETINGS BETWEEN NOW AND THEN, IT HAD, UH, THE APPLICANT HAD BROUGHT TO OUR ATTENTION THAT THE SOUTHERN BOUNDARY IS ENCUMBERED WITH A, UH, 50 FOOT WIDE PIPELINE EASEMENT. UH, AND PLANTINGS LANDSCAPE PLANTINGS WOULD NOT BE ALLOWED IN THAT EASEMENT DUE TO SUBJECT TO THE AGREEMENT, THE EASEMENT AGREEMENT. THEREFORE, WE HAVE, THEY HAVE COME BACK WITH A PROPOSAL, UM, FOR A 10 FOOT, UH, LIGHT AND SOUND BARRIER, UH, WHICH IS ALSO REPRESENTED AS A NEW CONDITION IN THE SUP. UM, I KNOW THAT THE COMMISSION HAD, UH, CERTAIN MEMBERS OF THE CONDITION HA COMMISSION HAVE REP, UH, SUGGESTED THAT THAT BARRIER BE [00:20:01] IN PLACE. AND SO THAT'S, THAT'S WHAT CHANGED, UH, BETWEEN LAST, LAST MONTH'S PROPOSAL AND THIS MONTH'S. UM, THERE ARE STILL CONDITIONS THAT PROHIBIT, UH, STORING OR TRANSPORTING MATERIALS THAT ARE HIGHLY TOXIC AND HARMFUL AND, AND A CONDITION TO ENSURE SUBSTANTIAL CONFORMANCE WITH THE, THE SITE PLAN THAT IS PRESENTED HERE TODAY. UM, IF YOU HAVE ANY QUESTIONS FOR STAFF, THE APPLICANT AND THEIR TEAM ARE HERE TO ANSWER ANY QUESTIONS AS WELL. I HAVE A QUESTION. COULD YOU DESCRIBE THE LIGHT AND SOUND BARRIER MORE DETAIL, PLEASE? SO THESE ARE IMAGES THAT, UM, THAT WOULD REPRESENT SOMETHING LIKE A PRODUCT THAT WOULD BE SIMILAR TO WHAT THE APPLICANT IS PROPOSING, UM, THAT I GET, I THINK THEY'VE USED IN OTHER PROJECTS. UM, HERE'S SOME DETAIL TO THAT WALL. UM, BUT IT WOULD BE 10 FEET. UM, I BELIEVE THIS IS A CONCRETE PRODUCT, UM, LOOKED LIKE PRECAST CONDO. SO THAT'S, THAT'S WHAT IT WOULD BE OF THIS NATURE. I, I HAVE A QUESTION REGARDING RESIDENTIAL. WE HAVE, UM, SEVERAL SCHOOLS THAT BY MY CRUDE GUESTS ARE LESS THAN 2000 FEET AWAY FROM THIS PROPERTY. MM-HMM . UM, AND I, I STARTED LOOKING AT DERAILS ONLINE AND VARIOUS FIRES. I WISH I CAN PASS THESE DOWN IF ANYONE ELSE WOULD WANT TO LOOK AT 'EM. UM, AND, AND A COUPLE OF THINGS THAT THE APPLICANT SAID DIDN'T SEEM TO FIT TOGETHER. HE SAID, A, THEY WOULD BE HAVING STORAGE FOR THE PRODUCTS THAT OUR PLANTS USE IN THIS AREA. MM-HMM . UM, OUR PLANTS USE A LOT OF THINGS. BUTADIENE, METHYL ETHYL KETONES AND SO FORTH. THEY'RE VERY COMMON IN THE PLANTS. MM-HMM . UM, THEY'RE VERY COMMON ON THE RAIL. UM, I, I DON'T THINK THAT YOU CAN SERVE THE PLANTS AND STILL HAVE THINGS THAT DON'T HAVE VAPORS THAT ARE HARMFUL TO PEOPLE OR THAT ARE NOT FLAMMABLE AND DANGEROUS. UH, AND I'M CURIOUS IF ANYBODY HAS DONE A STUDY OF HOW MANY RESIDENTIAL BEDROOMS ARE WITHIN A ONE MILE RADIUS. BECAUSE WHEN I LOOK AT A MAP, I SEE THAT POST OAK PENN OAK RED BUD LANE ARE LESS THAN 2000 FEET AWAY. THERE IS A, UH, MOBILE HOME C COMMUNITY LESS THAN 500 FEET AWAY THAT HAS OVER 200 HOMES. WE'VE GOT OTHER NEIGHBORHOODS LIKE LAKEWOOD OAKS, CALDWELL OAKS, OAKLAND ESTATES, LAKEVIEW HEIGHTS, LYNCHBURG, HOUSTON LEISURE, RV PARK, WHICH HAS A THOUSAND PLUS PADS, SAN JACINTO, RIVERFRONT RV PARK, A THOUSAND PLUS PADS, COLEMAN HEIGHTS, PRAIRIE VILLAGE, CREOLE COUNTRY ESTATES, COUNTRY TERRACE, MCNAIR HEIGHTS, TERRELL VILLAGE, TERRELL ACRES, JD WALKER COMMUNITY CENTER, PIEDMONT APARTMENTS, TOWN HOMES OF BAY FOREST, CASTLE ROCK COMMUNITIES, WILBURN HOMES, LAKESIDE TERRACE. AND I CAN KEEP GOING. YES, SIR. BUT THIS IS AN EXTENSIVE LIST OF HOMES WITHIN A ONE MILE AREA AND IT'S, UH, IT'S VERY COMMON WITH DERAILS TO HAVE TO EVACUATE OR SHELTER IN PLACE, PEOPLE WITHIN A ONE MILE AREA. YES, SIR. SO MY TO TO ANSWER YOUR QUESTION THOUGH, I MEAN, WE HAVEN'T, THERE'S NO COMPREHENSIVE STUDY OR, OR NUMBER OF, UH, THE AMOUNT OF RESIDENTIAL PROPERTIES IN THE VICINITY. UM, I THINK THE APPLICANT'S EXPERTS CAN SPEAK TO YOUR CONCERNS ABOUT HOW COMMON DERAILS OR COLLISIONS ARE. I THINK, YOU KNOW, THE SPEEDS AT WHICH THEY'RE GONNA BE OPERATING. UM, THE EQUIPMENT WITHIN THE YARD I THINK KIND OF ADDRESSES THOSE. BUT I'LL LET THEM SPEAK ON THAT. AND, AND AGAIN, MY EXPERIENCE, I HAVE, I HAVE A FRIEND THAT WORKS IN THAT INDUSTRY AND I CAN'T TELL YOU HOW MANY TIMES WE WENT HUNTING AND HE GOT A CALL ABOUT A DERAIL BECAUSE YOU GET A ROCK AND A SWITCH AND SOMETHING HAPPENS AS THEY'RE MOVING SLOWLY AND CAREFULLY THROUGH THE SWITCH. AND, UM, I I WOULD SAY THAT IN THIS AREA WE PROBABLY HAVE A DERAIL A WEEK, BUT ONE THING THAT A LOT OF THESE LOCATIONS HAVE GOING FOR 'EM IS STAFFING AND RESPONSE. 'CAUSE INSIDE OF A REFINERY, YOU'VE GOT A FIRE CREW, YOU'VE GOT A RESPONSE CREW, YOU'VE GOT A HAZMAT CREW AT A YARD LIKE THIS. UH, I DON'T THINK DOT STANDARDS REQUIRE THAT SORT OF STAFFING. AND THAT'S MY BIGGEST CONCERN IS THAT IF THEY HAVE AN INCIDENT, WE'VE GOT A MAJOR HIGHWAY THAT COULD BE CLOSED FOR 10 HOURS. UH, WE'VE GOT SCHOOLS THAT MIGHT NEED TO BE EVACUATED. UH MM-HMM . UH, I, I HAD NO PROBLEM WITH THE LIGHT INDUSTRIAL OR BLENDED WAREHOUSE SUPPORT WITH HEAVY INDUSTRIAL, BUT I, I HAVE A LOT OF CONCERN ABOUT THE CHEMICAL STORAGE OF, OF WHAT WE SEE IN OUR NORMAL PLANTS. YES, SIR. AND, AND FORTUNATELY THERE'S NO, THERE'S NO QUANTITATIVE DATA FROM, FROM THE, UH, FROM THE DOT OR THE RAILROAD ADMINISTRATION ABOUT, YOU KNOW, INCIDENTS. UM, ESPECIALLY ONES THAT OCCUR OFF MAIN LINES. UH, 'CAUSE THIS IS A, YOU KNOW, SUPPORT FACILITY. IT'S NOT A MAIN LINE. UM, BUT I, AGAIN, I THINK THE RAIL EXPERTS CAN SPEAK, UM, TO YOUR CONCERNS. LET'S GET THE, THE PEOPLE WHO HAVE SIGNED UP. I, I JUST WANTED TO KIND OF GET THAT ON RECORD. I, [00:25:01] I, I APPRECIATE THAT. THAT WAS MY CONCERN. UH, THE FIRST IS BRANDON GUILLORY. IF YOU GUYS WANT TO FLOP AROUND, YOU CAN LET ME TAKE THIS IF YOU WOULD. OKAY. AND YOUR NAME SIR? BRANDON. BRANDON MUSSER FROM BROOKSHIRE, TEXAS. OKAY, BRANDON. GOT YOU. YOU BET. I'M WITH RAILROAD INFRASTRUCTURE AND TERMINAL DEVELOPMENT. UH, GREAT, GREAT, UH, COMMENTS THERE. UH, THE, THE NATURE OF THIS FACILITY IS NOT TO TAKE ANYTHING IN. IT'S CALLED POISONOUS INHALATION HAZARD OR TOXIC BY AN INHALATION HAZARD. GASEOUS THINGS THAT CAN TRANSMIT THOSE ARE, THOSE ARE THINGS THAT REQUIRE POSITIVE TRANSFER OF, UH, OF CUSTODY. HOME INSECURITY HAS A STRINGENT LIST OF, OF, OF REQUIREMENTS THAT WE HAVE TO MEET IF WE WANT TO DO THAT. UH, INDUSTRIAL FACILITIES, 99% OF 'EM DO NOT TAKE THESE, UH, LIKE US INDUSTRIAL FACILITIES LIKE US DO NOT TAKE THESE, THESE, UH, COMMODITIES IN THOSE GO INTO THE PLANT WHERE THERE'S HIGH SECURITY, UH, THE, UH, THE, THE GUARDS, THE GATES, THE THINGS THAT YOU'RE FAMILIAR WITH IN THIS AREA. SO WHAT'S, WHAT THIS FACILITY IS, IS THE BEST AND HIGHEST USE FOR THIS FACILITY FROM A RAIL STANDPOINT, IS TO TAKE IN THE LARGE VOLUME COMMODITIES OF THING OF, UH, LARGE VOLUME SHIPMENTS OF COMMODITIES LIKE, UH, PLASTIC RESINS AND PLASTIC PELLETS. THINGS THAT TAKE UP A LOT OF SPACE INSIDE A FACILITY AND NEED TO BE MOVED OUTSIDE IN ORDER TO MAKE, UH, ROOM FOR THE VERY CHEMICALS AND THINGS THAT YOU MENTIONED. THEY GO INSIDE THE PLANTS WHERE THERE'S HOMELAND SECURITY RULES. THERE'S, UH, A TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. THERE'S ALL, UH, A HOST OF OTHER THINGS THAT GO IN, UM, TO, UH, TO MONITORING AND CONTROLLING THE, THE PIH, WHAT WE CALL PIH AND TIH, UH, COMMODITIES. SO, NO, YOU'RE EXACTLY RIGHT. THOSE, THOSE THINGS WE DON'T WANT, WE DON'T WANT 'EM ON THE PROPERTY AND HAVE NO, UH, INTEREST IN, IN GETTING INVOLVED IN THAT. UM, THE, UM, UH, AS FAR AS DERAILS GO, UH, YOU SEE, IF YOU SEE DERAILMENTS IN THE INDUSTRY, UH, THEY'RE USUALLY, UH, CONSTRUCTED IN THE, UH, THE SIXTIES, THE SEVENTIES. AND THEY WERE DONE IN THE OLD STANDARD. THEY WERE, THE STANDARDS HAVE CHANGED. UH, THE STANDARDS THAT WOULD BE USED HERE ARE VERY SIMILAR TO OTHER FACILITIES LIKE YOU'VE TALKED ABOUT IN AMERI AIRPORT AND OTHER PLACES WHERE, UH, I KNOW FIRSTHAND BECAUSE WE DO THE WORK OUT THERE AS WELL. UH, THEY HAVE NOT HAD A, A TRACK RELATED DEMENT SINCE THEY OPENED, UH, IN, UH, THEIR FACILITY OUT THERE. THE SPEEDS WILL BE AT, UH, AROUND 10 MILES AN HOUR, USUALLY LESS BECAUSE IT'S A PUSH PULL OPERATION. THE TRACKS ARE ONLY ABOUT 30 CARS DEEP, SO YOU CAN'T GET GOING VERY FAST BEFORE YOU HAVE TO STOP. SO THE, THE VERY SIZE AND THE SHORTNESS, UH, OF THE TRACKS CONTROLS, UH, THE SPEEDS THAT WILL, THAT WILL OPERATE. UH, AT, IN ADDITION TO THAT, THERE'S ABOUT NINE STANDARDS. I I HOPE THAT WAS CIRCULATED. UH, TO YOU. THERE'S ABOUT NINE SET OF STANDARDS, UH, FROM THE FEDERAL GOVERNMENT, U-S-D-O-T, UH, FROM THE STATE, UH, AND FROM THE UP RAILROAD THEMSELVES THAT WE ALSO HAVE TO MEET IN ORDER TO, UH, TO SAFELY OPERATE, INCLUDING BE INSPECTED EVERY 30 DAYS. AND THEN, UH, UH, FOR A NON-COMPLIANCE. AND THEN WE HAVE 30 DAYS TO, UH, TO RECTIFY THOSE WITHOUT MAJOR, UH, FINANCIAL PENALTIES ON OUR PART FROM THE FEDERAL GOVERNMENT. SO SOME INCENTIVE ON US TO BEHAVE AND, AND BEHAVE WELL. SO, SO WHAT YOU'RE SAYING IS THOSE THINGS THAT GO INTO THE PLANT THAT ARE DANGEROUS, UH, EXPLOSIVE INHALATION RISKS, THOSE DON'T, WILL NOT RESIDE AT THIS YARD. THEY'LL GO STRAIGHT TO THE PLANT. YES, SIR. ANYTHING? THERE IS ABOUT A FIVE PAGE LIST OF COMMODITIES, UH, THAT ARE CALLED PIH, POISONOUS BY INHALATION OR TOXIC BY INHALATION. TIH. THOSE TWO, THOSE TWO LISTS ARE NOT ALLOWED IN THIS PROPERTY. UH, WE DON'T WANNA DEAL WITH 'EM. UH, OBVIOUSLY OUR INSURANCE DON'T WANNA DEAL WITH 'EM. YOU DON'T WANNA DEAL WITH 'EM. AND SO WE'RE NOT GONNA ALLOW 'EM ON THE PROPERTY. OKAY. IS THIS RAIL ATTACHED TO ANY ADJACENT RAIL? YES, MA'AM. IT IS. AND SO WHAT DID, WHAT, UM, THE ADJACENT RAIL THAT IS ATTACHED TO, WHAT ARE THE SURROUNDING USES OF THE RAIL OUTSIDE OF THIS PROPERTY? THE, THE RAIL OUTSIDE OF THIS PROPERTY IS THE UNION PACIFIC RAILROAD, UH, WHAT WE CALL CODY YARD. SO, UM, ARE THEY, AJA, IS ANY PART OF THAT RAIL FROM ANY DISTANCE THAT IS IN BAYTOWN JURISDICTION ADJACENT TO HOMES CURRENTLY? AM I ASKING THE QUESTION? THE RIGHT, YES, MA'AM. YES. YOUR QUESTION. YES MA'AM. AND THEY ARE, THEY'RE, THEY'RE ADJACENT. CODY YARD IS ADJACENT? THEY HAVE BEEN. THEY HAVE BEEN, YES MA'AM. HAVE WE HAD ANY DERAILMENTS OR FIRES ON ANY PART OF THAT RAIL CODY YARD. OKAY. SO DO WE KNOW OF ANY DERAILMENTS OR FIRES THAT HAVE OCCURRED? RAIL RELATED? RAIL RELATED? I DON'T, I DON'T KNOW OF ANY, NO MA'AM. OH, TRACY WOULD KNOW FROM A, IT'S, IT'S A MUCH LOWER DENSITY USE RIGHT NOW. THERE'S ONLY SIX TO EIGHT RAIL HEADS THERE. NOT LIKE WHAT'S DRAWN, WHAT'S DRAWN IS A, A FUTURE EXPANSION, I BELIEVE. YEAH. THERE, THERE IS, THERE ARE 509 CARS ABLE TO BE STORED INSIDE CODY YARD. AND, AND I MAY BE OFF A DIGIT OR TWO, BUT IT'S ABOUT 5 0 9. RIGHT. IN THAT, IN THAT, UH, WHAT, WHAT CAPACITY DO YOU SEE AT FULL [00:30:01] USE FOR YOUR FACILITY? THIS FACILITY IS DESIGNED FOR TO, UH, PURE FOOTAGE IS DESIGNED TO HOLD 1600 CARS. YOU DON'T OPERATE A FACILITY MORE THAN 80%, JUST LIKE YOUR, WHEN THE CHURCH IS FULL, 80% FULL, IT'S FULL. SAME THING WITH A RAIL CAR, RAIL CAR, UH, FACILITY LIKE OURS. SO 80% OF THAT DO THE QUICK MATH, 1200, SOMEWHERE AROUND THAT NUMBER. AND DO YOU HAVE EXISTING CONTRACTS WITH SURROUNDING INDUSTRY OR IS THIS SORT OF SPEC BUILD HOPING THAT THAT WILL COME? THE RAIL INDUSTRY IS, IF, IF, UH, IS SHOW ME, UH, THAT YOU CAN DO IT BEFORE THEY AGREE TO IT, BECAUSE WE'VE ALL GOTTA GO THROUGH THESE, THESE GOOD QUESTIONS AND THINGS LIKE WE'RE GOING THROUGH TONIGHT. SO, UH, NO, THERE IT WILL BE CONTRACT DRIVEN, BUT IT IS NOT TODAY CONTRACTED. NO, WE'D BE GETTING OUT OVER OUR SKIS IF WE DID THAT. THANK YOU. YOU BET. THANK YOU SIR. ALRIGHT, NEXT IS BRANDON GUILLORY, IF YOU CHOOSE TO SPEAK. SO WE ARE HERE TO ANSWER QUESTIONS I ABOUT THE A AS WELL. OKAY. THOSE QUESTIONS COME UP. JOHN HAY, I'M HERE WITH . SAME. I'LL ANSWER QUESTIONS. NICK AND GEORGE, ARE YOU THE SAME WAY? SAME WAY, SAME. OKAY. COMMISSIONERS, IF YOU HAVE ANY QUESTIONS, WE'VE GOT A GROUP BACK HERE TO ANSWER THEM. MR. CHAIRMAN, I SIGN UP BY A MINUTE IF I MAY. ABSOLUTELY, SIR. UH, DON'T YOU SIGN, SIGN. THANK YOU. SORRY ABOUT THAT. I, I GOT IN JUST A SECOND LATE. IT'S OKAY. I, UH, THOMAS PARENT 69 0 3 HUNTERS WEIGHT LANE. I JUST WANTED TO ASK IF THERE HAD BEEN ANY CONSIDERATION FOR THE RAIL TRAFFIC, UH, THAT MAY BE GENERATED BY THIS. IF THERE'S ANY STUDIES, UH, SHOWING WHAT IMPACTS THERE MAY BE AT RAIL CROSSINGS, UH, EITHER IN, ON THE NORTH END OF THIS PROPERTY GOING UP THROUGH HIGHLANDS OR THE SOUTH SIDE, GOING THROUGH, UH, WADE CEDAR BY LYNCHBURG BAKER ROAD DECKER. UH, WE KNOW THAT THERE'S A LOT OF, UH, RAIL TRAFFIC AND DELAYS IN THOSE AREAS RIGHT NOW AND WHAT THE POTENTIAL IMPACT MAY BE TO EMERGENCY SERVICES. SO THAT'S ALL I HAD TO ASK. UH, RESPONSE. WE HAVEN'T HAD THE, THE CITY HASN'T CONDUCTED ANY STUDIES. SO, UH, AGAIN, BRANDON MUSSER, UH, BROOKSHIRE, TEXAS, UH, THE, THE COMMODITIES AND THE CARS THAT WILL BE COMING INTO THIS FACILITY ARE CAR ARE CARS THAT ARE ALREADY TODAY GOING THROUGH BAYTOWN. UH, THE BAYTOWN COMPLEX OPERATES IN THE UNION PACIFIC, UH, PATTERN IN A, IN A COUNTERCLOCKWISE DIRECTION FROM BAYTOWN, UH, UNDER THE I 10 DOWN THROUGH THE EXXON COMPLEX, OVER TO, UH, ABOUT AMERI PORT, IF YOU'RE FAMILIAR WITH THAT. AND THEN NORTH OF MONT BELLEVUE. AND THAT'S THE WAY IT FLOWS. CARS COME HERE BECAUSE THEY NEED TO COME HERE, THEY DON'T WORK. SO THE CAPACITY WE'RE ADDING HAS BEEN AT THE REQUEST OF PRODUCERS TO SAY, LOOK, WE'RE CONGESTED. WE'RE GETTING CARS INTO BAYTOWN IN AN, IN, IN AN UNCONTROLLED MANNER. WE'RE, AND YOU'RE SEEING THAT AS YOU DRIVE AROUND, YOU'RE SEEING, UH, THEM HAVING TO BASICALLY TRY TO GET EVERYTHING IN THE GATE. WE ALL LIVE IN THIS, UH, GREAT TIME OF CHEAP NATURAL GASES COMING OUTTA ALL THESE, PER THE PERMIAN, ET CETERA. AND THEY'RE COMING HERE TO MAKE PRODUCT. IT'S CREATING CONGESTION. THIS ASSET IS BEING LOOKED AT BY FACILITIES TO BE CONSTRUCTED, TO PROVIDE A PARKING LOT ABOVE ALL OF THE, UH, THE BAYTOWN COMPLEX SO THAT CARS CAN COME THERE IN A CONTROLLED FASHION AND THEN BE METERED INTO THE PLANTS AS NEEDED. THE IDEA BEING THAT OVER TIME THESE PLANTS THEN NEED LESS RAIL SPACE ON THEIR PROPERTY BECAUSE WE HAVE IT. AND, AND THEY CAN THEN TURN THAT INTO MORE PRODUCTIVE USE RATHER THAN JUST A, A PARKING LOT FOR RAIL CARS. SO THAT IT'S DESIGNED TO REDUCE CONGESTION, UH, HELP THE PRODUCERS CONTROL THEIR, THEIR TRAFFIC FLOW AND THEN METER IT INTO THE FACILITY. THANK YOU. YOU BET. COMMISSIONERS FURTHER QUESTIONS. SIR, COULD I ASK YOU A QUICK QUESTION? YES, SIR. UM, JUST RIGHT HERE. YES SIR. IN DOING SO, BY BRINGING, UH, WHAT YOU'RE REFERRED TO AS A PARKING LOT, WOULD THAT REDUCE THE AMOUNT OF TIME IF THERE WERE TO BE CARS ON THE LINE AND CROSSING OVER ANY AT GRADE CROSSINGS? WOULD THAT REDUCE, UM, THAT TIMEFRAME THAT SOMETIMES, UH, WHERE IT, IT OBSTRUCTS TRAFFIC, ET CETERA? THE, THE, THE WHOLE IDEA OF DOING THIS IS REDUCE CONGESTION. I WOULD THEN HAVE TO ASSUME IT'S AN ASSUMPTION THAT WE SEE A CHANGE IN BEHAVIOR AT THESE CROSSINGS. LESS, FEWER CARS, MORE CONTROLLED, UH, BECAUSE THEY'RE ABLE TO ACCESS THE PLANTS AT A, AT A, AT A, AT A SLIGHTLY [00:35:01] FASTER SPEED THAN TODAY. I'LL OFTEN YOU SEE 'EM CRAWLING IN. I CAN'T PROMISE THAT I CAN SAY THAT'S WHAT THE PRODUCERS ENVISION. THAT'S WHY THE RAILROAD HAS SUPPORTED IT. WE HOPE THAT'S HOW IT PLAYS OUT. AND, AND IN MY OPINION, DOING THIS 30 YEARS, THAT'S EXACTLY THE WAY IT SHOULD PLAY OUT. CAN WE GO BACK TO THE PREVIOUS SLIDE PLEASE? THERE SHOWS, UM, THIS ONE, THE ONE THAT SHOWS THE BUFFER, THE HOUSES SINGLE FAMILY. THIS ONE, I THINK THERE WAS ONE BEFORE THAT. THERE'S ONE WITH JUST A WALL. MM-HMM . THAT ONE. I THOUGHT I SAW IT SHOWING THE HOUSES ON IT. HOW ABOUT THIS ONE? UM, I, AND THAT WAS MY QUESTION ABOUT THE, THE BUFFER. UM, THIS ONE. OKAY, THAT'S GOOD. I MEAN, , I THOUGHT WE HAD A, I THOUGHT I SAW A AERIAL SHOW IN THE YARD WITH THE SHOWS, THE ACTUAL HOUSES ON IT OUTSIDE. YEAH, IT'S THE ONE WITH THE ZONING DESIGNATIONS. THAT ONE. THAT ONE, YEAH. SORRY. THANK YOU. THANK YOU MR. WALLACE. AND SO THAT, UH, THE, THE 10 FOOT BUFFER IS GONNA BE ALONG THE SOUTH SIDE, THE CONCRETE, UM MM-HMM. PULL THAT OUT. THERE YOU GO. THEY JUST HIGHLIGHTED. YEAH. THAT'S WHERE THE BARRIER WALL WOULD BE. THE BARRIER WALL. MM-HMM . IS WHAT I'M ASKING. YES. AND WHERE EXACTLY IS THE I'M, I'M SORRY, DONNY. SO, UM, DOES THAT HELP PROTECT ANY, IF, IF A FIRE WERE TO OCCUR, IF A DERAILMENT WERE TO OCCUR, IS, WOULD IT MOST LIKELY BE CONTAINED IN THERE? AND I KNOW THE SMOKE AND EVERYTHING, EVERYBODY HAVE TO EVACUATE. I GET THAT. BUT WOULD IT HELP CONTAIN IT? SHORT ANSWER IS YES. IT, IT PROVIDES A, A MEASURE OF SAFETY. THE BARRIER ITSELF DOES, UH, AN INTERESTING THING ABOUT RAIL CARS AND, AND FIRES. AND IN MY 30 YEARS, I HAVE NOT SEEN A TANK CAR OR PLASTIC CAR FIRE. I'VE SEEN IT HAPPEN AT THE PRODUCING END, OR THE LOADING OR THE TRANSLOADING END, UH, WHERE, WHERE A EXCHANGE IS TAKING PLACE. THE NEAT THING ABOUT IT IS, UH, WE'VE SEEN THIS OUT WEST WHEN, UH, LUMBER CARS CATCH ON FIRE, UH, YOU HOOK ONTO THE CAR AND YOU MOVE IT AWAY AND YOU MOVE IT TO THE SAFE PLACE WHERE IT'S QUICKLY ACCESSIBLE BY FIRST RESPONDERS. SO WE'VE GOT THAT BENEFIT OF BEING VERY FLEXIBLE WITH ANYTHING THAT IS PARKED IN OUR FACILITY. THAT WALL, UH, BEING 10 FOOT WILL PROVIDE MAJOR SOUND, BUT THAT OBVIOUSLY IT'S FOR SOUND AND FOR VISUAL. PROVIDES A NICE AESTHETIC TO THE BACK OF THE, THE PROPERTIES THAT ARE OUTSIDE OF IT, THE RAIL CAR ITSELF. I'M GONNA GO A LITTLE FURTHER MS. MS. DONNA A. LITTLE FURTHER THAN THAT. THE RAIL YARD ITSELF, ONCE IT'S FULL, BECOMES A GREAT SOUND BARRIER AS WELL TO ANY ACTIVITY GOING ON INSIDE OF THE YARD ITSELF, BECAUSE YOU'VE GOT CARS, UH, UH, BLOCKING IT. AND, AND THEN ALSO, WHILE WE'RE ON THAT SUBJECT OF SOUND, IF YOU LOOK ON THAT, UH, EXHIBIT THAT YOU SEE ON YOUR SCREEN AND KIND OF MOVE UP TO THE TOP RIGHT HAND CORNER, YOU WILL SEE A TRACK THAT STICKS OUT AT THE TOP. I DON'T KNOW IF YOU CAN NOTICE THAT. YEP. RIGHT THERE. THAT'S THE TAIL TRACK. THAT'S THE LOCOMOTIVES OPERATE ON THAT END OF THE FACILITY. THE NORTH AND EAST SIDE, ACTUALLY, THAT IS ON UNION PACIFIC PROPERTY. SO WE'RE ACTUALLY AGAINST THE, THE RAIL YARD. THAT'S WHERE THE LOCOMOTIVES WILL BE. UH, THEY WILL ACCESS THE EAST SIDE OF THE FACILITY. UH, THEY'LL BE PUSHING CARS TOWARD THE WALL. THE WALL'S PROTECTED BY A INSIDE BURN. WE CALL IT A BUMPER, AN EARTH BUMPER, UH, THAT MEETS UP STANDARDS TO STOP A RAIL CAR AS WELL. SO YOU'VE GOT SOME MORE PROTECTION OF THE WALL ITSELF INSIDE, INSIDE THE FACILITY. THANK YOU. THANK YOU VERY MUCH. YOU BET. ANY FURTHER QUESTIONS, COMMISSIONERS? HEARING NONE, I CLOSE THIS PUBLIC HEARING. NEXT WE'RE GONNA TAKE, UH, FIVE C. THIS IS CONDUCT THE SECOND PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIAL ZONING MAPS TO REZONE THESE SAME 136.57 ACRES AT THE SAME ADDRESSES AND THE SAME, UH, DESCRIPTORS WE HAD BEFORE. STAFF. NO STAFF. . SORRY TO WAKE YOU . YES, MY APOLOGIES. UH, AGAIN, YOU KNOW, UH, LIKE YOU SAID, THIS IS THE ACCOMPANY. HE SUMMARIZED. HE SUMMARIZED THE FIRST TIME HE SAID . UH, THIS REZONING ACCOMPANIES THE SUP. UM, AND, AND STAFF DOESN'T HAVE ANY INFORMATION TO ADD, UM, TO THE, THE PREVIOUS PRESENTATION. SO BASICALLY WE'RE, WE'RE THE, THE HEARING ADDRESSES GOING FROM LI TO HI. OKAY. YES. QUESTION. AT OUR LAST MEETING, Y'ALL WERE ALSO LOOKING AT, UH, A CHANGE ALONG THE TRACK ITSELF. HAS THAT BEEN WITHDRAWN? SO THAT'S THE FUTURE LAND USE PLAN AMENDMENT. OKAY. UM, YES. YES SIR. OKAY. SO THAT'S NOT ZONING, IT'S JUST WHICH WE WILL GET THERE. GOTCHA. OKAY. THANK YOU. STAFF QUESTIONS. OKAY. UM, BOY, I'M GONNA [00:40:01] BUTCHER THIS NAME. ETTE? NO, CHANTEL. CHANTEL. CHANTEL. I AM APOLOGIZE. CHANTEL TEBODA. IT'S OKAY. ALRIGHT. YOU, NO. OKAY. I APOLOGIZE. I'M CHANTEL TEBODA. I LIVE AT 4 7 0 4 RIPPLE CREEK DRIVE. UM, APPROXIMATELY TWO MILES FROM WHERE THIS IS GOING TO BE LOCATED. UM, I'M HERE TODAY TO VOICE SOME CONCERNS OF MINE, NOT ONLY AS A RESIDENT, BUT AS SOMEONE WHO ALSO WORKS IN THE RAIL INDUSTRY. UM, TO GIVE YOU A LITTLE BIT OF BACKGROUND, THE COMPANY THAT I WORK FOR, AT LEAST THE DIVISION THAT I WORK FOR, WITH THE COMPANY, DOES RAIL MAINTENANCE, RAIL CONSTRUCTION AND STORAGE. AND THESE ARE BIG ISSUES FOR ME BECAUSE ONE, I KNOW DAILY HOW LOUD THIS IS BECAUSE IT'S IN MY BACKYARD WHERE I WORK EVERY DAY. I FEEL THE VIBRATION. I GET TO HEAR THE SIRENS GOING OFF, THE WHEELS SQUEALING, THE CAR'S BUMPING BACK AND FORTH. THIS IS LITERALLY BEHIND MY OFFICE EVERY DAY, ALL DAY. UM, WHERE I LIVE NOW, I CAN ALREADY HEAR YOU PEE SWITCHING 'CAUSE I LIVE ON THE CREEK, SO SOUND CARRIES. SO I CAN SIT ON MY BACK PORCH IN THE EVENING, IN THE AFTERNOON. AND I HEAR THE SAME THING THAT I HEAR AT WORK ALL DAY. JUST A LITTLE BIT, YOU KNOW, LESS, IT'S NOT AS BAD, BUT IT'S STILL THERE. SO YOU'RE GONNA TAKE SOMETHING THAT HAS A COUPLE OF LINES THAT IT'S ALREADY MAKING NOISE AND YOU'RE GONNA EXPAND THAT TO 10 TIMES THE AMOUNT OF NOISE. A 10 FOOT BARRIER'S NOT GONNA STOP THAT. LET'S BE HONEST. IT'S NOT GONNA STOP THE LIGHT. IT'S NOT GONNA STOP THE SOUND. IT'LL HELP, YOU KNOW, A LITTLE BIT, BUT NOT A LOT. UM, DERAILS, THEY DO HAPPEN. AND Y'ALL ARE RIGHT. THEY HAPPEN MORE OFTEN WITHIN INDUSTRIAL AREAS OR WHILE THEY'RE TRAVELING DOWN A MAIN LINE. BUT THEY ALSO DO HAPPEN IN STORAGE FACILITIES. AGAIN, SWITCHING PIECE OF GRANITE THIS BIG CAUSES A DRA. THAT'S ALL IT TAKES. IT TAKES ONE. SWITCHMAN NOT PAYING ATTENTION. THAT'S ALL IT TAKES. THE OTHER ISSUES I HAVE ARE, OH, THE ISSUES WITH POLLUTION. LOCOMOTIVES RUN ON DIESEL. DIESEL IS A CARCINOGENIC IN THE EXHAUST FORM. YOU HAVE A SCHOOL THAT IS LESS THAN A MILE AWAY. STUDIES HAVE BEEN SHOWN THAT RESIDENTIAL AREAS, SCHOOLS, PLACES WHERE CHILDREN PLAY THAT ARE LESS THAN A MILE AWAY FROM LARGE RAIL YARDS, HAVE A HIGHER INCREASED RATE OF BREATHING PROBLEMS. LUNG CANCER, RESPIRATORY ILLNESSES. IS THAT WHAT Y'ALL WANT FOR THE PEOPLE IN THAT AREA? I MEAN, THESE AREN'T SOMETHING THAT YOU SHOULD TAKE LIGHTLY. THIS IS SOMETHING THAT MOST PEOPLE DON'T WANNA TALK ABOUT OR BRING TO THE TABLE. I WILL GO AHEAD AND CONCLUDE REAL QUICK. I'M REALLY HOPING THAT Y'ALL TAKE THIS SERIOUSLY. I DON'T WANT TO HAVE TO LIVE IN MORE FEAR THAN I ALREADY DO WITH EX EXXON BEING IN MY BACKYARD OF WHAT'S GONNA HAPPEN NEXT. IF ANYTHING'S, IF THE LAST TWO YEARS OF PLANT FIRES, ACCIDENTS HAVE TAUGHT US ANYTHING, IT'S MAYBE WE SHOULD NOT BE DOING INDU HIGH INDUSTRIAL IN THE MIDDLE OF THE NEIGHBORHOODS. THIS KIND OF STUFF NEEDS TO BE OUT IN THE COUNTRY, AWAY FROM PEOPLE, NOT IN OUR BACKYARDS. THANK Y'ALL. YOU'RE WELCOME. THANK YOU. OKAY, NEXT ON THE LIST IS JOHN HAY. OKAY. BRANDON . UH, BRANDON MUSER. OKAY. BRANDON GUILLORY. OKAY. NICK OR GEORGE PONTUS. I'LL TAKE THAT AS NO COMMISSIONERS. ANY FURTHER QUESTIONS? WAS GOOSE CREEK, UM, WAS THE SCHOOL GIVEN A NOTICE TO ABOUT, UM, I'M SURE THEY WERE ABOUT WHAT'S ABOUT TO HAPPEN? THEY PROPERTIES APPROACHED, UH, PROPERTIES WITHIN 300 FEET WERE NOTIFIED? NO. NO. OKAY. BUT THEY, THEY'RE AWARE. I'M SURE THERE'S A BOARD TRUSTEE RIGHT THERE WHOSE STREET IS RIGHT HERE. NO, . SO I, I THINK THAT THE, THE TRUSTEE KNOWS, THEY KNOW, I WOULD THINK. AND HAVE THEY VOICED ANY OPINION THAT'S NECESSARILY TRUE? OOPS. TRY TO BE NICE. . HAS THE SCHOOL DISTRICT VOICED ANY OPINION ONE WAY OR THE OTHER? DO YOU KNOW? I DON'T KNOW THAT THEY KNOW. [00:45:01] OKAY. GOOD QUESTION. THANK YOU. ANY OTHER, CAN I MAKE A A COMMENT CONCERNING NOTIFICATION QUESTION? UH, WE NOTIFY WITHIN 300 FEET OF A PROPERTY STATE LAW REQUIRES US TO NOTIFY WITHIN 200 FEET. SO WE GO A LITTLE BIT EXTRA. AND ADDITIONALLY, THE PROPERTIES TO THE SOUTH OF THIS TRACK ARE NOT ACTUALLY IN THE CITY OF BAYTOWN. THEY ARE IN THE COUNTY. AND BY LAW, WE'RE NOT REQUIRED TO NOTIFY THOSE PROPERTY OWNERS EITHER. BUT WE HAVE GONE AHEAD AND NOTICED THEM ALSO. THANK YOU. 300 FEET? NOT ENOUGH. ANY OTHER QUESTIONS? HEARING NONE, I CLOSE THIS HEARING. OKAY. [a. Consider making a recommendation and preparing a report concerning a proposed amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located along Wade Road, north of its intersection with State Highway Spur 330 (SH Spur 330) and South of its intersection with Interstate Highway 10 (IH 10) in Harris County, Texas.] NOW WE'RE GONNA GO UP TO FIVE A. FIVE A IS CONSIDER MAKING A RECOMMENDATION AND PREPARING A REPORT CONCERNING A PROPOSED AMENDMENT TO THE BAYTOWN 2025 COMPREHENSIVE PLANS, FUTURE COMPREHENSIVE PLANS, FUTURE LAND USE PLAN FOR PROPERTIES GENERALLY LOCATED ALONG ROAD NORTH OF ITS INTERSECTION WITH STATE HIGHWAY THREE 30, UH, SPUR, SH SPUR THREE 30 AND SOUTH OF ITS INTERSECTION WITH INTERSTATE 10 IN HARRIS COUNTY. YES, MA'AM. AND HERE'S YOUR, THIS IS WHAT YOU'RE LOOKING FOR SECONDS AGO? YES. UH, GOOD EVENING. UH, SO THIS DOES GO ALONG, UM, WITH THE CASES, UH, THAT WAS JUST EXPLAINED. UM, SO THIS IS THE FLU AMENDMENT. SO THIS IS WHAT IS CURRENTLY WITHIN THIS AREA. YOU CAN SEE MOST OF IT IS BUSINESS PARK. UM, HERE ARE THE TWO ALTERNATIVES, UM, THAT WE HAVE PROPOSED. THEY INVOLVE ALL OF THE LAND, UM, THAT WE'VE BEEN DISCUSSING, AS WELL AS ALTERNATIVE ONE IS FOR THE UNION PACIFIC LAND. UM, AND, UH, ALTERNATIVE TWO IS THAT SAME LAND, THE UNION PACIFIC PLUS 200 FEET, UH, TO THE WEST OF IT TO CHANGE FROM BUSINESS PARK TO INDUSTRIAL. UM, STAFF IS RECOMMENDING ALTERNATIVE ONE. UM, HOWEVER BOTH OF 'EM DO PROVIDE, WELL RATHER MAINTAIN THE BUFFER TO THE EAST, UH, WITH THE GENERAL COMMERCIAL ALONG WAY AS WELL AS GENERAL COMMERCIAL TO THE, TO THE SOUTH ALONG DECKER. SO THE NORTH THERE IS GOING TO BE, UH, WELL THERE CURRENTLY IS A PIPELINE EASEMENT, UM, AS WELL AS, UH, PORT 10, WHICH IS A COMPATIBLE USE. I'M HAPPY TO ANSWER ANY QUESTIONS, COMMISSIONERS QUESTIONS OF STAFF. I GUESS MY ONLY QUESTION IS WHY WE WOULD CONSIDER THIS BEFORE WE MAKE A DECISION ON THE OTHER. 'CAUSE WE DON'T HAVE HEAVY INDUSTRY IN THAT AREA NOW. SO, UH, IN ORDER TO REZONE IT NEEDS TO BE SUPPORTED BY THE FLU. SO YOU NEED TO MAKE A RECOMMENDATION TO SUPPORT THE INDUSTRIAL BEFORE YOU CAN MAKE THE, THE ZONING REQUEST FOR THE HEAVY INDUSTRIAL AND THE SUP. AND COULD YOU GO, GO BACK TO THE SLIDE WHERE IT'S WHAT THE CURRENT, UH, FLU IS, PLEASE? THAT'S A GOOD QUESTION MS. TRACY. 'CAUSE WHAT HAPPENS IF IT GETS KICKED BACK AT CITY COUNCIL? SO WE'VE TAKEN IT AS A SET. SO THIS WAY IF ONE PORTION OF IT IS APPROVED, UH, IS DISAPPROVED, ALL OF IT CAN BE DISAPPROVED. THAT IS WHY WE HAVE ALL OF IT TOGETHER AS ONE ITEM, AS ITEM FIVE WITH DIFFERENT SUBSECTIONS. THANK YOU. AND SO THE CURRENT LOCATION, IT'S, IT'S JUST BUSINESS PARK. AND WHAT ARE THE KIND OF USES THAT ARE ALLOWED IN BUSINESS PARK? SO BUSINESS PARK ALLOWS LIGHT INDUSTRIAL, UM, UH, ZONING WISE, IT DOES ALLOW LIGHT INDUSTRIAL ZONING AS WELL AS POTENTIALLY GENERAL COMMERCIAL. UM, THIS PROPERTY IS ALREADY ZONED LI OBVIOUSLY THEY'RE ASKING FOR HI TODAY. OKAY. WHY WOULD YOU PUT HIGH DENSITY INDUSTRIAL NEXT TO OR RESIDENTIAL? CAN'T HEAR CLARIFY. WANTED TO MAKE A CLARIFYING COMMENT. IS THAT ACTUALLY, SO STAFF KIND OF ASKED, UM, THE, THE APPLICANT TO DO THIS. THERE IS RAIL ACTIVITY ALLOWED WITHIN, UM, A BUSINESS PARK LAND USE NARRATIVE IN, UH, CURRENTLY WITHIN OUR FUTURE LAND USE PLAN. AND, BUT WE FELT THAT FROM THEIR ORIGINAL PLAN THAT THEY HAD SHOWN HERE, THERE WERE APPROXIMATELY 24 TO 34 LINES THAT WERE INCLUDED AND WHICH WOULD'VE BEEN ACCEPTABLE WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT. OKAY. BUT BECAUSE THEY WENT TO SUCH A GREAT OR A HIGHER INTENSITY, WE FELT THAT WITH THAT HIGHER INTENSITY, IT, IT, IT, UM, IT NEEDED TO BE SOMETHING THAT WAS RECOGNIZED, UM, BY THIS BODY AND BY CITY COUNCIL BECAUSE OF THAT HIGHER USE. AND SO JUST WITH THAT, THE, THE LARGER INTENSITY, THE LARGER NUMBER OF CARS, WHICH WENT FROM 400, THAT IS CURRENTLY, I'M SORRY, THE, THE CODY RAIL YARD IS AROUND FOUR, OR I'M SORRY, LET ME, LET ME CHANGE THAT UP. 5 0 9. THIS AREA RIGHT HERE WAS GONNA BE ABLE TO HOLD ABOUT 400, UM, [00:50:01] CARS. AND THEIR, IN THEIR INCREASE, UH, IS GOING TO GO UP TO 1600 CARS. SO WITH THAT INCREASE, WE FELT THAT IT WAS A REPRESENTATIVE OF A, OF A, A HEAVY INDUSTRIAL ZONING CHANGE, WHICH ENDS UP GIVING YOU THIS BODY AND ALSO CITY COUNCIL THE OPPORTUNITY TO GIVE, UM, CERTAIN, UM, REASONABLE CONDITIONS THAT GO ALONG WITH IT. DOES THE, SO WE WOULD HAVE 16 PLUS. WHAT IF CODY WERE, WERE CAPACITY. SO YOU'D HAVE A POSSIBILITY OF 2000 CARS? NO, THE OTHER WAY AROUND IS THAT IT'S 16 TOTAL AND SO THE DIFFERENCE IS 1200. OKAY. I'M WITH YOU. THANK YOU. SO, SO THE EXTRA THOUSAND CARS UNDER THE CURRENT REQUEST ARE, ARE WE TO DISCUSSION IN AT THIS POINT? WELL, IT WOULD BE GREAT TO GET A, A MOTION IN A SECOND AND THEN WE COULD DO DISCUSS. SO IS IS THERE A MOTION ONE WAY OR THE OTHER? AND THEN WE CAN GET TO DISCUSSION . SO I MOVE TO APPROVE. I MOVE TO APPROVE BECAUSE THE REST OF OUR RAIL LINES ARE ADJACENT TO SINGLE FAMILY. I GUESS I DON'T HAVE TO EXPLAIN WHY. NO, YOU DON'T. OKAY. I MOVED TO, BUT THAT'S OKAY. SINCE YOU DID. THANK YOU. OKAY, WE HAVE MOTION SPENCER. THAT'S A SECOND TO APPROVE. WHICH TO SHE'S OH, UH, LEFT. ALTERNATIVE ONE. ALTERNATIVE ONE. YES MA'AM. ALTERNATIVE ONE. ARE YOU GOOD FOR A SECOND ON ALTERNATIVE ONE? YES. OKAY. SO NOW WE HAVE A MOTION TO SECOND. NOW WE MAY DISCUSS MY, MY INPUT WOULD BE, I WOULD BE IN FAVOR OF THIS UNDER THE ORIGINAL PLAN BECAUSE IT'S COMPATIBLE WITH THE OTHER LIGHT INDUSTRIAL. IT DOESN'T SEEM TO REPRESENT NEAR THE RISK TO THE, THE HIGHWAY, THE SCHOOLS AND THE SURROUNDING NEIGHBORHOOD. BUT AS PROPOSED, I, I CANNOT IN ALL CONSCIENCE VOTE FOR ANY OF THIS. SO I'M GONNA BE AGAINST ALL THE MOTIONS THAT ARE ACTION MOTIONS. OKAY. AND I JUST WANNA CLARIFY, MITCH, WHERE YOU'RE, YOU'RE AT THE ORIGINAL ONE KEPT IT ALLY. YES. IT WAS A LOT SMALLER. YES. RIGHT. AND, AND I THINK THAT'S VERY COMPATIBLE WITH THE BUILDINGS AND, AND, AND STRUCTURES THAT ARE IN PLACE. AND IT'S COMPATIBLE WITH WHAT WE SEE WHEN WE DRIVE DOWN I 10. UH, AND I THINK IT WOULD BE AN ASSET TO THE COMMUNITY IN EXTRA JOBS. UH, SO I, I COULD BE IN FAVOR OF THAT, BUT THIS OTHER ALTERNATIVE, IT'S GOT TOO MANY NEGATIVES FOR ME. OKAY. THANK YOU. OTHER COMMISSIONERS? OKAY, WE HAVE A MOTION ON THE TABLE TO REPROVE THE, UH, THE AMENDMENT TO THE, UH, FLUFF OF ALTERNATIVE ONE. ALL THOSE IN FAVOR OF ALTERNATIVE ONE. I'M GONNA ASK YOU TO RAISE YOUR HAND. PLEASE RAISE YOUR HAND. 1, 2, 3, 4, 5, 6. THOSE OPPOSED? I'M SORRY. CAN YOU KEEP YOUR HANDS UP FOR JUST A SECOND PLEASE? . THANK YOU. THOSE OPPOSED? THESE ARE ALL THE PEOPLE THAT ARE IN FAVOR. IN FAVOR, CORRECT. ALTERNATIVE. OPPOSED? WE'VE GOT THREE HANDS OPPOSED. SO, SIX THREE, RIGHT? THAT'S RIGHT. OKAY. THIS, THIS MOTION THEN CARRIES. OKAY, NOW WE'RE GOING DOWN TO [d. Consider making a recommendation and preparing a report concerning a request for a Special Use Permit (SUP) as relates to a requested Heavy industrial (HI) use(s) not defined in the Unified Land Development Code (ULDC) for 136.57 acres, located at 6511 Thompson Road, zoned Light industrial (LI), legally described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms “C”, Harris County, Texas.] FIVE D. THIS IS THE CORRECT ORDER, RIGHT? NAY? YES SIR. SIR, THIS IS THE RIGHT ORDER, RIGHT? FOUR. NOW IT'S FIVE. D, D. YES SIR. ALRIGHT, CONSIDER MAKING A RECOMMENDATION AND PREPARING A REPORT CONCERNING A REQUEST FOR A SPECIAL USE PERMIT. AN SUP AS RELATES TO REQUESTED HI, UH, USE NOT DEFINED IN UNIFIED LAND DEVELOPMENT CODE FOR 136.57 ACRES LOCATED AT THE ADDRESS WE'VE ALREADY TALKED ABOUT AND AT THE VARIOUS LOCATIONS DESCRIBED IN THE ELENA FRUIT AND COTTON FARMS, UH, PLAT. OKAY. STAFF? YES. MR. CHAIRMAN, THIS IS THE CONSIDERATION ITEM. UM, SO IT'S THE SAME INFORMATION AS PREVIOUSLY PRESENTED. COULD YOU PLEASE PROVIDE US THE, WHAT, THE SPECIAL, UH, THE VARIOUS ITEMS OF THE SPECIAL USE PERMIT THAT WE'RE, THAT WE ARE APPROVING OR WE'RE REQUESTING TO APPROVE? YES. THESE ARE THE STAFF CONDITIONS THAT, THAT WE ASSESSED. UM, ONE OF THE CONDITIONS BEING STORAGE OR, UH, TRANSPORTATION ACTIVITIES OVER THE FOLLOWING WOULD BE PROHIBITED MATERIALS THAT ARE, ARE TOXIC AND HAZARDOUS BY INHALATION. UM, ANHYDROUS AMMO, AMMONIA SPENT, NUCLEAR WASTE, HIGH LEVEL REACTIVE WASTE CONDITION. TWO, CONSTRUCTION AND MAINTENANCE OF A 10 FOOT TALL SOUND ON LIGHT BARRIER WALL ALONG THE SOUTHERN BOUNDARY. THIS BARRIER WILL, UH, SHALL POTENTIALLY CONFORM TO THE DOCUMENTATION SUBMITTED FOR CONSIDERATION FOR THIS SUP. AND THAT THREE CONDITION THREE DEVELOPMENT OF THE PROPERTY SHALL SUBSTANTIALLY CONFORM TO THE SITE PLAN SUBMITTED FOR CONSIDERATION OF THE SUP. THANK YOU COMMISSIONERS. QUESTIONS? QUESTIONS? [00:55:01] OKAY. DO I HAVE A RECOMMENDATION? I'LL MAKE A RECOMMENDATION, UH, BUT I'D LIKE TO, UH, ALTER A LITTLE BIT FROM THE RECOMMENDATION, UH, PREPARED ON THE REPORT. I'D LIKE TO MAKE A RECOMMENDATION WITH A MORE SUBSTANTIAL BARRIER ON THE SOUTHERN, UH, BORDER. SOMETHING ALONG THE LINES OF, UH, MAYBE 16 TO 20 FEET TALL. SOMETHING THAT YOU WOULD SEE ON THE FREEWAY THAT'S MORE SUBSTANTIAL. UH, MORE SUBSTANTIAL HEIGHT AND IN MAYBE WIDTH OR, I THINK THAT THE ENGINEERING WOULD PROBABLY HAVE TO HAVE A WIDER WIDTH TO SUPPORT THE GREATER HEIGHT. BUT, UH, A WIDTH AND HEIGHT IN PROPORTION TO SOMETHING ALONG THE LINES THAT YOU WOULD SEE ON THE SOUTHWEST FREEWAY. THAT'S, THAT'S, THAT IS, UM, DOING A GOOD JOB AT, AT, AT, AT BLOCKING SOUND. I DON'T THINK 10 FEET IS REALLY GONNA BE SUFFICIENT TO BLOCK MUCH OF ANYTHING. AGREE. WOULD YOU LIKE TO COME UP WITH A HEIGHT? 16, 20. I'LL GO 20. HOW ABOUT THAT? ? I'LL MAKE MY MOTION WITH A 20 FOOT HIGH BARRIER ON THE SOUTHERN PORTION. BEFORE WE START THAT, IS THERE ANY, DOES, DOES ANYBODY KNOW WHAT THE, WHAT THE STATE HIGHWAYS THOSE TALL BARRIERS ARE? DOES ANYBODY KNOW WHAT THE HEIGHT IS? I THINK THE HEIGHTS ARE CHOSEN, UH, BASED ON, YOU KNOW, THE NEED THAT THE ACOUSTICAL ENGINEERS MAY COME UP WITH. BUT I WILL TELL YOU THAT IN REVIEWING THE, UH, THE MANUFACTURER'S INFORMATION FOR THIS PRODUCT, THEY CAN MANUFACTURE UP TO 30 FEET TALL. OKAY? AND THAT WOULD HELP THE HOMEOWNERS. SO I THINK THE RECOMMENDATION, THAT MOTION IS THE SAME SUP, BUT THE BARRIER WALL, IT'S NOT 10, BUT 20. YES, SIR. CORRECT. OKAY. DO I HAVE A SECOND OR WHATEVER THE ENGINE, THE, THE 30 OR YEAH, WHATEVER THE ENGINEERING OR THE MANUFACTURER COULD . WELL, HE SAID HE, THEY COULD DO UP TO 30. SO HE'S RECOMMENDED 20. THAT'S HIS MOTION. 20. 20. YOU COULD PUT 20. OKAY. DO I HAVE A SECOND? SECOND. SECOND. SO THE MOTION IS SAME SUP REQUIREMENTS, CORRECT. SET 10, 20. CORRECT. OKAY. ANY FURTHER DISCUSSION OR QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. 1, 2, 3, 4, 5. THOSE OPPOSED? 1, 2, 3, 4, 5, 4. IT DOES. I NEED, ALRIGHT, WHICH WAY? WHICH, WHICH DO YOU WANT? . THESE ARE THE OPPOSED, WHO'S OPPOSED, PLEASE? 1, 2, 3, 4. OKAY. OBVIOUSLY THEN EVERYBODY ELSE WILL BE A FOUR. I HAVE FIVE. OKAY. SO THAT MOTION, CARRIE, IS IT FIVE OR FOUR? IT'S FIVE. FOUR. FOUR AGAINST? FOUR AGAINST . FIVE OR FOUR. SO MY, I'M NOT BIG WITH MATH, BUT I THINK THAT'S THE WHERE IT GOES. PETE, MR. WALTERS, MR. LAREDO, MS. WHEELER AND MR. PIERCE ARE OPPOSED? THAT IS CORRECT. OKAY. WE GET YOU RIGHT EVERYBODY. OKAY. COULD SOMEBODY TELL THE HOMEOWNER THAT WE VOTED FOR A HIGHER TO GET THE NOISE DOWN? WHAT SHE'S ASKING FOR IS THE LADY THAT THAT SPOKE FIRST, JUST CONTACT HER AND MAKE SURE, AND I'M SURE SHE'LL COME TO THE PUBLIC HEARING. RIGHT. OKAY, GOOD. BUT WE'D LIKE TO LET HER KNOW. I THINK THAT'S A GOOD POINT, DONALD. OKAY. THAT BRINGS US TO ITEM FIVE. CONSIDER MAKING A RECOMMENDATION. UH, THIS IS [e. Consider making a recommendation and preparing a report concerning a proposed amendment to the official zoning map to rezone approximately 136.57 acres addressed as 6511 Thompson Road, and legally described as: Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms “C”, Harris County, Texas, from the Light industrial (LI) to Heavy industrial (HI) zoning district.] FIVE E UH, CONSIDER MAKING A RECOMMENDATION AND PREPARING A REPORT CONCERNING A PROPOSED AMENDMENT TO THE, OF OFFICIAL ZONING MAP TO REZONE APPROXIMATELY THE SAME ACREAGE AT THE SAME LOCATION FROM LI TO HI. AGAIN, THIS IS THE CONSIDERATION ITEM TO CHANGE THE UNDERLYING ZONING DISTRICT, DISTRICT FOR THE PROPERTY, UM, FROM LI TO I TO ACCOMPANY THE SUP RIGHT THERE. OKAY. WE DIDN'T JUST DO THAT WHEN WE CHANGED THE FLOP. NO, WE JUST CHANGED THE FLOP. THAT'S JUST THE GUIDING THE GUIDANCE. THIS IS NOW WHO'S ON THE GROUND. OKAY. COMMISSIONERS, DO WE HAVE A MOTION? AND, AND IF, IF I MAY, UH, IF I MAY ADD PLEASE. THE, THE UNDERLYING ZONING, THE, THE USE OF THE PROPERTY IS CONTROLLED BY THE CONDITIONS ASSESSED IN THE SUP. SO ANYTHING MORE INTENSE OR DIFFERENT FROM THIS PROPOSAL? ANYTHING, THE CONDITIONS THAT ARE APPROVED WITH THE SUP WOULDN'T REQUIRE AN ADDITIONAL SUP. SO IF THEY CHANGE IT, THEY HAVE TO COME BACK FOR MORE. ANOTHER SUP. OKAY. SO THIS, THIS SUP IS SPECIFIC TO THIS PROPERTY. ANY OTHER CHANGE REQUIRES 'EM TO COME BACK? START FROM GROUND ZERO. YOU STILL END UP THAT MANY CALLS. YOU SHOULD. OKAY. AGAIN, DO I HAVE A MOTION FOR CHANGING THE, UH, THE ZONING FROM ALLIED TO, HI, I MOVE SECOND. I HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? [01:00:03] HEARING NONE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND AND KEEP THEM RAISED. CHANGING, WHICH I'M, I'M SU RIGHT NOW. I'M STILL LISTENING. THIS IS, THIS IS, WE'RE CHANGING THE, THE, THE, THE RECOMMENDATION MM-HMM . FROM, WELL, THE, THE ZONING MAP FROM LIGHT INDUSTRIAL TO HEAVY INDUSTRIAL. MM-HMM . THIS IS THE VOTE, CHANGING THE ZONING FOR THIS PARTICULAR PIECE, PIECE OF PROPERTY OF A MOTION IN A SECOND. SO AGAIN, ALL THOSE WE'RE STILL GONNA HAVE THOSE IN PLACE THAT WE SUGGEST. YEAH. THE SUVS ARE STILL THERE. ALL THE CONDITIONS ARE THERE. OKAY, GOT YOU. NOW WE'RE DOING IS, IS WE'RE MAKING IT LEGITIMATE ACCORDING TO OUR ZONING REQUIREMENTS. OKAY. THE OTHER THINGS WE DID CAN'T GO INTO EFFECT IF WE DON'T APPROVE THESE. THAT'S CORRECT. IT'S, IT'S ALL PART OF A, OF A STRING, SO TO SPEAK. OKAY. OKAY. ALRIGHT. ALL OF THOSE IN FAVOR AGAIN, PLEASE RAISE YOUR HAND. 1, 2, 3, 4, 5. KEEP YOUR HAND UP PLEASE. YOU GOT 'EM. ALRIGHT. OPPOSED? FIVE, FOUR. YOU GOT IT. NAY? YES SIR. OKAY. THAT MOTION CARRIES. THANK YOU VERY MUCH. OKAY. ITEM SIX A. [a. Receive training on Open Government and the City's Code of Ethics.] THANK Y'ALL. WE'RE, WE'RE MOVING ON. RECEIVE TRAINING ON OPEN GOVERNMENT AND THE CITY'S CODE OF ETHICS. SO WE, WE WANTED TO DO HERE IS ASK YOU AT THIS TIME, SINCE WE HAD YOU ALL HERE, IF YOU WOULD LIKE, UM, FOR MS. HORNER TO GIVE US OUR, UH, CODE OF ETHICS TRAINING. OR THE OPTION IS JUST TO PUSH IT ANOTHER MONTH. UM, IT ALL DEPENDS ON WHAT YOU GUYS ARE FEELING LIKE TONIGHT. I KNOW WE'VE ALREADY GOT TO SIX O'CLOCK. IF WE PREFER THAT WE JUST TURN IN HOPKINS, LET'S PUSH IT. ALRIGHT, SUPER. THANK YOU. WELL, THANK YOU. HOW LONG WOULD IT TAKE? NAH, TOO LONG. YOU NOT HEARD KAREN TALK ALONG. I TALK FAST. FIVE MINUTES. FIVE MINUTES. IS IT REALLY LIKE FIVE MINUTES? NO, IT'S PROBABLY MORE THAN THAT. OKAY. IT'S, IF WE COULD JUST, MAYBE THE NEXT MEETING WE'RE SOMEWHERE OF LESS INTENSE AGENDA. YES SIR. ALRIGHT. AND THEN SEVEN [a. Present a report regarding action taken by City Council on planning and zoning items.] A WOULD BE DIRECTOR'S REPORT, PRESENT A REPORT REGARDING ACTIONS TAKEN BY CITY COUNCIL ON PLANNING AND ZONING ITEMS. SO THE ONLY THING THAT ACTUALLY WAS BROUGHT TO, UH, TO CITY COUNCIL WAS THE STRATEGIC ACTION PLAN THAT YOU GUYS, UH, HAD LOOKED AT AND RECOMMENDED APPROVAL TO CITY COUNCIL AND THEY RECEIVED IT AND ACCEPTED IT. AND SO THERE WAS NO QUESTIONS, UH, UM, AT THAT PARTICULAR TIME, BUT THAT WAS THE ONLY THING THAT WE BROUGHT FORTH AND THAT THEY RECEIVED. AND BE HAPPY TO ANSWER ANY OF THE QUESTIONS YOU MIGHT HAVE, BUT MAKE SURE THAT, YOU KNOW, IT WAS, IT'S RELATED TO WHAT WAS ON THE AGENDA. COMMISSIONERS, ANYTHING. OKAY. OKAY, THANKS. THANK YOU. THIS MEETING IS ADJOURNS THIS, WE'VE EXHAUSTED THE MEETING, THE AGENDA, THE MEETING IS ADJOURNED. THANK Y'ALL. * 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.