Hello, everyone.

We're going to be starting um just shortly, so I'm just gonna once again, I'm sorry for her uh whoever's heard it like four or five times, but I'm just gonna go over the process one more time before the meeting starts, okay?

Based on how commission feels, we may represent the items, or we may just go straight into speaking to the applicant for the first item.

So the applicant will speak first, staff will uh answer any questions, and then we will open up the public hearing.

Good afternoon, everyone.

I now call this workshop for the planning and zoning commission to order at 4 35 p.m.

I'll now turn it over to staff to run through the agenda items.

All right, good evening, Chair and Commissioners.

This is case Z 26-18, the rezoning from B3 business to R3A, which is a multifamily zoning district.

So the legal description is to hold a public hearing consider request submitted by Mr.

JT Hahn to rezone this lot at 1002 Medical Drive Colleen, Texas.

And his proposal is for an emergency shelter or homeless shelter.

The emergency shelter is defined in our code, a shelter for persons experiencing homelessness.

It's a permitted use, but only in this particular zoning district.

So if they wanted to use this building for the homeless shelter, this is the only choice they had to make the request.

And if this request is approved, the applicant does intend to use the existing building at 1002 Medical Drive.

This zoning district does not contradict the comprehensive plan.

There's some guidance about what kind of multifamily zoning would be or what multifamily development would go based on the comprehensive plan.

But of course, as I stated, this is for the shelter.

This is they're asking for the multifamily zoning, not because they're planning multifamily development.

If this rezoning would get approved, then the zoning and the shelter never opened, then that zoning would stay, and any multifamily zoning that would come in, staff would evaluate that.

But to go back to the main point is it's not in conflict with the comprehensive plan.

As you see by the star.

I'm glad to be here.

It's between two other commercial businesses.

Out on Rancier, and you can see them in that area.

This is looking back towards Rancir, the back side of the sonic.

This is the back side of the property off of Diane Drive.

And you can see that that building, they have their fence that ties to their building and wraps around the back.

Uh the adjacent property that isn't part of this zoning, that property is not fenced, so you can see the side of the subject property from here, and you can see the home on the left side of the photo.

So they're showing how close this is to the residential neighborhood single family homes by and large.

Staff notified the owners of 48 surrounding properties regarding this request.

As of this date, staff had received four written responses, uh, one in support, three in opposition.

Uh so the opposition are shown by the red stars.

Uh the green stars, the current current owner of the building responded in agreement.

And staff finds that the district is consistent with the recommendations of the 2040 comprehensive plan.

And this commission has three alternatives to take action on this request tonight.

One, you can approve the request as presented, so that's straight R3A rezoning.

The second is approve as a conditional use permit with the R3A with conditions, or you can deny the request.

Staff put together a list of recommended conditions.

Two requiring indoor accommodations for people to be available at all times in other words.

In other words, they're not kicked out during the day.

But the accommodations would have to be available.

Shelter staff would be on premises at all times to supervise and provide services.

Requiring replacement of the fence with solid screening.

That's part of our code for commercial type uses against residential areas.

And then if there's violations or nuisances, then city council can revoke the CUP as well.

So staff recommends the approval of the rezoning from B3 to the R3A zoning with the conditional use permit, subject to the conditions as presented.

And I'll take any questions you may have.

So with uh I I've seen several concerns on safety, uh, especially for the kids in that area.

Um, definitely a concern for some people with that um conditional use permit.

If say that there's I guess nuisances from people, and it's proven that it comes from this homeless shelter.

Is that a condition that would be able to revoke?

Correct.

That's that's something that could be brought back.

Um is either violation of the condition and the the code of ordinances allows if it becomes a nuisance that it's it's a conditional approval, it's not you know baked in if it's say if it was straight zoning, you would have to go through a rezoning to repeal the rezoning.

The CUP can be revoked by council.

And I of course our city attorney's here, so if you can if there's any detail that I'm missing or nuance on that that's that's worth adding.

Um any of these the the permitted use or the conditions of the C UP would be to be tied directly to the actual use of the property.

So if we start tying in the nuisances, it would be concerned of what nuisances, what would constitute nuisance who would who would um you know make that call.