Good afternoon, ladies and gentlemen.

If we could please have our Spanish uh interpretation services statement.

Good afternoon.

Buenas tardes a todos los presentes.

Si necesitan escuchar esta junta in Espanyol, per favore pasen a la cabina al entrada para receber un receptor.

All right.

Thank you so much.

All right.

My name is John Bustamante, and I am the chair of the zoning commission of the City of San Antonio, as well as the District 5 zoning commissioner.

The time is 101, and I hereby call this regularly noticed meeting of the City of San Antonio Zoning Commission into session.

I like to do roll call by allowing the zoning commissioners to introduce themselves, starting with the Commissioner on my far left.

Hello, this is uh I'm John Kelly, I'm District 8.

Danny Kellum, District 1.

John Whitsett, District 10.

Moses Duval, District 9.

Mia Losef, District 2.

Ken Hui, District 6.

Georgie Nohosa, District 3.

ADP Urley's District 4.

Moshgan Panna, Mayor's appointee.

All right, staff.

Is a quorum present?

Yes, the quorum is present.

All right, thank you so much.

Would everyone please stand for the Pledge of Allegiance?

I pledge allegiance to the flag of the United States of America.

And to Republic for which it stands, one nation under God, indivisible with liberty and justice for all.

Okay, before we begin our hearing, I would like staff to review the meeting format for the benefit of those in the audience.

Staff, if you would.

Before I begin, please turn your phones on vibrate or turn them off.

The zoning commission is an 11-member body appointed by the city council to make recommendations on zoning cases.

Upon receiving a recommendation from the commission, you will have six months from the date of the commission's recommendation to forward your case to City Council.

If you have any questions regarding this procedure, please contact your case manager.

Staff will begin each case with a short presentation of the request.

Part of the presentation will include a map that shows the area to be considered for rezoning and property within 200 feet of the subject property.

Check marks will indicate those property owners in favor of the request, and an X will indicate those property owners in opposition.

Following this presentation and any questions by the Commission, the applicant will present their request.

For those who have signed up to speak for or against the proposed rezoning, you will be called in the order that you have signed up to speak.

Those in support and opposition will be allowed a maximum of two minutes per speaker, and you are not obligated to utilize the maximum time limitation.

You will be informed that the two minutes are up, and for those who would like to give their time to another speaker, that speaker will be allowed a maximum of two people giving their time for a total of six minutes.

Those giving up their time must be present and signed in to speak.

And to please announce that you are giving up your yielding your time if that speaker is called up to the podium.

The applicant will then be given the opportunity for rebuttal limited to one speaker with a three-minute time limit, along with an opportunity to address commissioner questions.

Thank you, Chair.

Thank you so much.

Do we have any uh withdrawn or postponed items?

We have three postponed items.

Item 10, 13, and 14.

Okay, ladies and gentlemen, if you are here for items 10, 13, and 14 on uh Glenwood Court, Pine Book Prime, Pine Brook Drive and Citadel Plaza respectively.

Uh those will not be heard today.

Uh you will receive notice and they will be heard on May 19th.

We had a slight mix-up with our notice mailing, and so we are remedying that, but those items 10, 13, and 14 will not be heard today.

Okay.

If we could just list the items on combined hearing number one, our consent docket, please.

Items in the combined hearing are item number eight, eleven to twelve.

Okay.

Uh Commissioners.

You want to pull any or all of them?

Why do you say we just do all individual?

Uh no, I'm kidding.

Uh any items to be pulled, Commissioners.

Looking left.

Looking right.

All right, seeing none.

If we could please read the combined hearing number one consent items into the record.

Item number eight, a request for a change of zoning from C2 C D with the condition use for auto repair shop to C3S with a specific user authorization for auto pain and body repair with outside storage of vehicles and parts permitted, but totally screened from view of adjacent property owners and public road roadways.

Located at 6502 Callahan Road.

All overleaser remain the same.

14 notices mailed out.

Zero in favor, one opposed.

There is no registered neighborhood association within 200 feet.

Item 11.

A request for a change in zoning from IDZ with multifamily uses not to exceed 12 units per acre, bar and restaurant to IDZ with use of IDZ1 with just permitted in C1, MF18, and Bar and Tavern with no cover charge three or more days per week.

Located at 100 Proband Street, all other overlays to remain.

Sixteen notices mailed, zero in favor, zero post.

Lone Star Neighborhood Association is in favor.

Item number twelve, a request for a change of zoning from R4 to I-1, located at 1021-1 Summers Drive.

All other overlays to remain the same.

15 notices mailed, three in favor, zero opposed.

There is no registered neighborhood association association within 200 feet outside of 200 feet, one in favor, zero post.

All right.

Very good.

Um is there any public comment?

No public comment for those items.

Very good.

All right.

Uh is there a motion?

Mr.

Chair.

Yes, Commissioner Huey.

I move to approve the following items.

Items number eight, eleven, and twelve.

All right, is there a second?

Second by Commissioner Duval.

I heard him first.

Um left.

Seeing none.

Discussion looking right, seeing none.

All right.

The motion is for approval of items eight, eleven, and twelve by Commissioner Huey with a second by Commissioner Duval.

Uh roll call vote, please.

Commissioner Huey.

Aye.

Commissioner Duval.

Aye.

Commissioner Kellum.

Yes.

Commissioner Losa?

Yes.

Commissioner I know some?

Yes.

Commissioner Pete Rodriguez?

Yes.

Commissioner Kelly?

Yes.

Commissioner Woodsett?

Yes.

Commissioner Pana?

Yes.

Chair Blues Lamante?

Aye.

Motion carries.

All right, very good.

If you were here for those three items, uh, you are welcome to go about the rest of your day.

You will receive a recommendation of approval from this body, and you will have to go to city council within six months.

All right.

We are now going to move on to our second uh docket, which is our continuance hearing for May 19th.

Uh staff, if you would read those items.

Item number three and number six.

Okay.

Is there any public comment?

There is no public comment on those items.

All right.

Is there a motion?

Mr.

Chair.

Yes, Commissioner Huey.

I move to uh continue the following items to the May 19th hearing.

Item number three and number six.

Okay.

Is there a second?

Oh second.

Second by Commissioner Hina Hoser.

Any discussion?

Looking left, seeing none.

Looking right, seeing none.

All right.

The motion is for a continuance to May 19th, 2026 for items three and six.

Roll call vote, please.

Commissioner Huey.

Aye.

Commissioner Noaza?

Yes.

Commissioner Callum?

Yes.

Commissioner Losa.

Yes.

Commissioner Pete Rodriguez.

Yes.

Commissioner Kelly?

Yes.

Commissioner Duval.

Aye.

Commissioner WhatsApp.

Yes.

Commissioner Pana.

Yes.

Chair Bustamante?

Aye.

Motion carries.

All right.

Very good.

If you're here for those items, we'll see you in a couple of weeks.

Have a good day.

All right.

We are now going to move on to our individual hearing docket, and we will begin with item number one.

Good afternoon, Commissioners.

At Arthur Gomez, Sonny Zenior Planner with Development Services.

Item number one is located at 15511 Oak Grove Drive, going from R6 ERZD residential single family district to R20 C D with a conditional use for food service establishment.

There were 18 notices sent out, zero in favor, four opposed, outside of 200 feet, zero in favor.

Sorry, zero in favor, eight opposed.

The Hills and Dales Neighborhood Association is opposed to the request.

Staff does find evidence of likely adverse impacts on the neighboring lands in relation to this zoning change request.

The subject property is situated at the entrance of an established residential single family neighborhood.

While religious institutions are generally permitted within residential district, the operational intensity and physical characteristics of the requested concept requested use constitute a commercial encroachment that undermines the low density of residential character of the area.

Furthermore, the integrity of the city's development process relies on the character of the area.

Sorry, on consistent adherence to the unified development code.

The subject property has established a documented pattern of noncompliance, including multiple permit and zoning violations dating back to April 2021.

The history of disregard for standard development procedures suggests that the request requested use may have difficulty harmoniously integrating to the existing fabric of the neighborhood without further compromising the safety and welfare of the surrounding residents.

The applicant's representative is here to answer any questions.

Alright, thank you so much.

If you are here for item number one and you want to speak, please sign up.

But right now we're going to SAS.

We're coming to you.

I just wanted to give a quick notice.

This is the SAWS report.

Yes.

Thank you so much.

Mike Escalante with Sauz Ok for protection and evaluation section.

We reviewed the zoning application located at 15511 Oak Grove Drive, allowing for your food service establishment.

The site contains an existing residential house built in 1966 on a 0.53 acre lot.

The house contains a cover patio, detached living area, walkways and driveways.

The property is currently classified as a category two.

The proposed zoning change would allow a restaurant to occupy the existing house.

Therefore, no increase to the existing impervious cover.

No portion of the site is in a floodplain and no sensitive geologic features were observed on site.

We we recommend uh approving all environmental recommendations within the SALS report to include no increase to the to the existing 60 percent impervious cover, and the Grease trap should be serviced monthly.

Thank you.

Okay, very good.

If we could have the applicant, please, or applicants representative.

If you would please give your name an address, only one speaker, please.

My name is Rabbi Tal Shaoul, and I live on the address of 15511 Oak Grove Drive.

Okay.

If you would please uh tell us about uh your requests and anything you want us to know.

Thank you, sir.

We've been uh operating in uh as a nonprofit organization, uh Jewish community from uh that uh property and um as things develop and uh thank God we are growing, our community and we wanted to offer to the Jewish community our um to allow our kitchen to operate as a community-only kitchen.

And we never had made any effort to invite others, we never advertise, we never put a sign out.

As a matter of fact, uh the health department, even one time uh came and said that we are operating a restaurant, we were able to push them away in a way by uh saying there is two fences.

You must go through two gates that you don't get the code to get in unless we are personally opened the gate for you.

They were convinced it's only um kitchen that operating under the religion institute, and therefore it's our right to continue offer this special food to our community members.

And we are here after the city of San Antonio requested us to make this uh zoning change.

It wasn't our initiation.

Um after the director of this building at a time uh has came and showed up, he explained us that because we are facing so many commercial uh properties are in the front, like when you're leaving our house, you will see uh commercial plaza, and then on our right, it's the back end of a gas station.

So trucks, cars, continuous driving this area all the time, regardless of our present at that place.

And he recommended that we make this uh change of zoning, and actually that's why we are here today.

Thank you very much, Rabbi.

All right.

Uh public comment.

For anyone standard to speak and wishes to yield their time, please let us know as we call your name.

All right.

Yeah.

So again, just to hit this for the third time.

All right.

If you want to give your time to someone, when that person or you are called to speak, stand up, let us know that you're giving your time to that person.

So say, for example, I am going to speak, but Commissioner Huey and Commissioner Hina Hosa want to give me their time, they'll call out my name, and then Commissioner and Huey, Commissioner Huey and Commissioner Hinahosa need to stand up and say, I want to give Chair Bustamante my time.

In the alternative, if Commissioner Huey is called and he wants to give his time to me, he can just stand up and say, I give my time to Chair Bustamante.

All right.

So if not, we'll expect everyone to speak for two minutes and that'll be it.

All right.

First person.

Harrison Axon.

Okay.

Cindy Aksum.

Perfect.

And sir, if you would, uh, your name and your address, and then tell us your thoughts.

Harrison Axum.

Reside at 15801 Do Lane, 7255 in Hills and Dale's neighborhood.

And I'm representing the Hills and Dales and Neighborhood Association Board in my comments today.

They may have been given to you in a packet, but I'm going to read as much as time allows, and then if there's time remaining, we'll make some additional comments.

The uh the Hills and Dales board uh opposes the request, specifically the conditional use for food service establishment.

And our primary concerns are traffic congestion, impact on the neighbors, and preservation of community character.

First of all, traffic congestion.

The site includes in the case file, shows 22 right angle parking spots on the south and east of the property's perimeter fence at the intersection of Oak Grove and Green Glen Drives.

Neighboring residents consistently report report around 10 vehicles parking there now, presumably prior to restaurant operation, and more during holidays and special events.

Doubling the members of vehicle the number of vehicles may be problematic.

Given that Green Glen is the neighborhood entrance closest to fire station number 34 on Babcock.

Some residents have expressed concern that the additional congestion may impede emergency vehicle access.

Additionally, uh neighborhood traffic is already routed to this part of the neighborhood because of the one-way loop 1604 access roads, and people take the shortcut to go to 1604 East by going down Green Glen and all other east-west uh streets to Babcock.

And we're afraid that this could create a bottleneck situation.

The impact on neighbors.

Some homeowners living nearest to the subject property complain about the volume and hours of music and other celebratory noise caused by outdoor activities.

The same neighbors cite occasional instances of trash accumulation.

And because we don't have sewers, it's all on septic.

Uh these uh neighbors are concerned about the residential uh septic system being able to accommodate a large number of guests.

Uh it may be impossible to determine if the inconveniences were caused by a food service or the other activities of the location.

Uh however, the board is concerned that the food service would bring more people to the location, and we need to prepare for that and the future impact.

Uh since the zone designation is permanent, as you all know, uh we're also concerned about the future.

Uh should the owner, current owners sell, uh we're concerned about uh what the next owners would do, and also if they're successful, which of course we hope everybody is successful in their business ventures, but uh expansion of the current operation would bring more people and more traffic and increase the impact.

Uh we also don't want to set a precedent.

Uh the majority of uh the neighbors and homeowners are opposed to commercial or even quasi-commercial intrusion into our neighborhood.

Because we want to keep our single family character.

And that leads me to my next point.

Preservation of community character.

The Hills and Dales residents repeatedly emphasize the importance of maintaining the neighborhood's single family residence carrier character.

The community values its quiet family-oriented environment and hill country setting.

Um we don't want to disrupt this quality of life that the homeowners have paid a premium to secure.

Of course, as mentioned before, this is uh requested by a religious organization, but that really had no bearing on our decision here.

We've got two other churches, uh, the Sikh church and the Catholic church, both on in the neighborhood.

And uh the issue was basically just the food service and the traffic associated with that.

We don't have we're an old neighborhood.

We don't have uh restrictions.

We depend on the zoning and the council and the commissions to enforce the regulations and protect our residents.

Uh all of our uh restrict covenants have long expired.

Thank you, Mr.

Axon.

So thank you.

Uh please stick around.

You might we might have questions for you as we go forward.

Thank you.

Susan Shaw to be followed by Craig Berkowitz.

Okay.

And Ms.

Shaw, if you would, uh, introduce yourself, tell us your address, and you have two minutes.

Hi, good afternoon.

My name is Susanna Moreno Scholl, or known as Hava.

Um my address is 15511 Oak Grove Drive.

I almost I also own the property that's in question.

So thank you so much for your attention and your time.

Um so I just wanted to bring up some brief points.

I know that it keeps getting called as a restaurant and it's a restaurant, but really it's it became a kitchen.

It's a community kitchen for our community and those who come and attend our services or come and pray or come and gather or come and do lunch and learn when my husband is doing Torah lessons.

I've had plenty of UTSC students come in.

Um and if they're learning about multicultural or having to write a report about Judaism, they had called us, we've invited them in, they get to see what kosher food is, they get to see what the Sefer Torah's look like.

Um so it's serving other purposes.

It's not a main place that you can just come and eat.

Um unless you're keeping kosher, I don't think you're gonna know we exist.

Like you have to go out of your way to know what kosher food is, and if you know anything about Judaism and Judaism as a whole, it kosher comes at the behest of being Jewish.

So unless you are Jewish and you're observant and you're keeping a strict kosher uh diet, you're gonna look us up.

You're gonna try to find where you can eat, especially if you're traveling through or driving through, or you don't feel like having, you know, if you have a family of 14 like some of us too don't feel like cooking, then we offer, you know, that you can come and have a seat at our table.

Um so I just wanted to just clarify that it's not for the purpose of a restaurant, even though that's what's it's being called.

Um also I want to add that you know, Homeland Security has offered us grants, and that's why you will see two gates at the entrance of our property.

Um as you can see, it has facing two uh commercial properties, one of which is very scary.

It's a dark aisle, it's a dark alley and a lot of things happen, and thank God for Homeland Security for issuing cameras and security cameras.

All right, thank you.

Thank you.

Craig Berkowitz.

Hello, Craig Berkowitz, 606 San Diego, San Antonio.

My name is Craig Berkowitz, I'm CEO of the Jewish Federation of San Antonio.

For many in our community, kosher is not a preference, it's a religious obligation.

Without establishments like this, a segment of San Antonio residents cannot fully participate in something as simple and universal as eating out, meeting colleagues for lunch, or celebrating life events in a public setting.

So while this may appear to be a standard zoning request, the impact is much broader.

It's an essential piece of infrastructure that allows Jewish life to be lived here in San Antonio.

And I want to emphasize that point.

Infrastructure.

We invest in parks and libraries and community spaces because they make our city livable for all residents.

In the same way this establishment enables a segment of our population to live, to work, and contribute fully to this city.

There is also a broader civic benefit.

San Antonio continues to position itself as a welcoming, diverse, and globally connected city.

Supporting institutions like this reinforces that commitment, not in words, but in action.

And importantly, this is not an establishment that can be easily uh relocated or replicated.

Kosher establishments oper under operate under strict dietary laws and supervision.

There are higher costs, tighter constraints, and a much smaller customer base.

That fact that this establishment exists and has sustained itself is a testament to both the need and the commitment behind it.

Losing it or limit limiting its ability to operate would not simply reduce dining options.

It would reduce access, inclusion, and participation for a meaningful part of our community.

So I would respectfully urge the board to vote this request through that broader lens.

Thank you.

Thank you, Mr.

Berkowitz.

Adir Perkitz, to be followed by Israel Ben David.

My name is Adir Peretz.

I am part of the Chabad.

I'm the cantor and the um Balko.

I read the Torah for the community.

Um when the rabbi moved to the Hills and Dales, one of the first things that you notice when you pull into the community is as the HOA member said, it's a beautiful single single home residential uh community.

Sorry, sir.

Did you give your give us your address?

15907 White Fawn Drive.

Yes.

When you pull into the neighborhood, you see beautiful homes.

That's one of the reasons that we chose to move there.

It's really a wonderful spot to live.

We absolutely have no intention of owning the neighborhood or its personality.

But you cannot overlook the fact that the H representative also mentioned there's a church, a Catholic church, and a Sikh temple in that same neighborhood.

So the argument that our shoal would somehow impact that sort of falls on its face.

When you pull into the neighborhood, there's the Hills and Dales Bar.

The representative of the HOA mentioned traffic and perhaps blocking emergency services.

I find that laughable because every single Sunday, anybody who goes into this neighborhood will see hundreds of cars parked alongside all the residents' homes.

We don't come close to doing anything of that sort.

And we especially don't block any traffic or emergency services.

That is not our intention here.

This is a private restaurant for the community.

And to call it a restaurant is even going a little far.

It's simply a community place where we could come and eat.

So this is not a business for the sake of a business.

It is for the sake of Jewish people having the ability to come and eat food that is kosher so that we can follow the laws given to us by God.

Pledge allegiance to the flag here and to God.

And this is a very, very relevant key and key point.

Thank you.

Thank you, sir.

Next israel Ben David.

Mr.

Ben David, you're giving your time to Maland.

All right.

Mr.

Milan, if you like to come down.

Yeah, come on down.

It's gonna be a process right now.

No.

You will have four minutes, if you would, name and address for the record.

Go on from there.

Thank you, Mr.

Chairman, members of the commission.

My name is Brandon Millan.

My address is 1974 in Cena Way here in San Antonio.

I'm a city planner, trained AI CP.

I'm also former planning director.

Honored to be here before you today, and thank you for your time.

The rabbi asked me uh to assist with navigating the zoning process, and thanks to the city for their navigation as well.

And so just a few things just want to point out again to add to what's already been said.

Um the premises does have a small uh worship facility on site.

I think it's probably about 20 by 20, uh, in addition to what I would call the the dining facilities that are there.

But in terms of the way the entire site functions, there's also an open area in the back for events and things, and it also happens to be where the rabbi uh resides.

And so, in terms of the way all these different things, the the dining facility, the worship area, and the outdoor area, it really, in my opinion, as a city planner and as somebody that works in land use, it behaves like a church, similar to the churches that a lot of us go to.

You know, our churches have a sanctuary, um, they have administrative areas, uh, they also have areas for dining, which are communal.

Uh usually those areas are used, you know, around the time when when worship happens on Sundays, but they also happen during the week, Wednesdays, Thursdays, other times.

And so this dining area, I would call it, functions very much the same.

It's a very small area.

Um it does, it's a little bit different.

It's not a restaurant in the fact that the place where a lot of us probably ate for lunch today.

You don't just decide, you know, before I I met the rabbi, it wasn't a place from I'm gonna go there today because as you can see from the pictures, there's a gate there.

Um it's very much um, you know, it it's used by the congregation and used by the Jewish community.

So again, just emphasize it doesn't behave like like a church does where it could potentially or like a restaurant does where it could potentially grow.

Um, and and there's not a lot of control over the amount of traffic that you know the the uh the rabbi and the church, they have control over the extent to which this restaurant is used.

Um they don't have days where oh my gosh, you know, everybody's swamped and you know there are people waiting out the door again.

It's used by this uh congregation and used by the Jewish community.

So I can I want to emphasize it it's very much uh has the is a very controlled uh dining facility and has the potential to be very controlled.

Um and and act as something which uh can function um and they can work with the neighborhood and continue to be an asset to the neighborhood, be something that complements the neighborhood, be an integral part of the neighborhood.

Um I know working with them, they're they're very interested, they have been and they continue to be very interested and make sure this is something that that that adds to the neighborhood, is complimentary and helps the the neighborhood build.

Uh one other thing I just really want to add to again, just as somebody that has worked in planning, you know, conditional use permits, you know, zone change is standard.

That's that standard.

Um but the conditional uh permit that they're requesting to um that affords uh y'all as the commission the ability to impose certain conditions on there.

Uh and there are opportunities here for y'all to to place conditions on this conditional use permit that you feel would ensure that uh that this um that this use, this dining facility, a restaurant, if you will, if that's that's what y'all would like to respectfully call it.

There y'all do have the opportunity to impose conditions to make sure that this is something that works great for the neighborhood, uh works for the applicants too, and and the last thing I would just say, you know, if there's any concerns that you all have, you know, concerns that the neighborhood has, concerns that y'all have, and you don't feel like totally comfortable approving it today, we would totally be happy to table the item, uh, invest more time and work with staff, work with the neighborhood, and then come back and and uh and come back at a time where everybody feels like they're on the same page, everybody feels confident.

So again, we're in no hurry.

We don't want to rush this.

We're happy to table and do more work and get guidance from y'all, which is why we're here again.

So thank you very much for your time.

Appreciate it.

All right, thank you.

Yes, sir, thank you.

Lewis, and I'm sorry, I cannot make out their handwriting, but it's 9732 Zachal, please.

No.

Come on up, sir.

Just tell us your name when you get to the microphone and your address and tell us your thoughts.

Thank you, Mr.

Rosalamante.

My name is Luis Hernandez, and I live in 9732 Innis Place, Bernie, Texas.

And I'm a congregate of the Israeli Chabad.

And the only thing I want to add, in addition to what has already been said very nicely and clearly, is that often we may confuse what's called a restaurant for profit and what is a communal dining room.

The only reason why we showcase in this particular uh restaurant or this particular area transactions is because we have to pay for the food.

That is the only reason is not for profit.

In fact, we're a uh 501c3 organization, and we are low-abiding citizens, which have only one interest in mind, and it's to become a good citizen to the community, to help our neighbors, to be good to our neighbors, and to be able to perform a right and our ability to worship in the religion that we have chosen, which is the Jewish religion.

So I just want to make sure that everybody knows that we have no intentions of violating traffic or become noisy at night, but we want to be compliant citizens, but we also appreciate if you consider the opportunity for us to exercise a right to worship, which includes consuming kosher food, which is a biblical principle for us.

Thank you very much.

Thank you, Mr.

Arnhemus.

Danid Levy.

Do you want to yield your time to anybody or just wave it?

Mr.

Levy is going to give us time to anyone want it?

All right, you.

What's your name?

Sorry, Eric.

Is he next?

You see next now?

We can we can get it now, yeah.

Eric, you can come up.

If you would please repeat your name.

I didn't quite catch it, and your address.

And you will have four minutes.

Okay.

I'm Eric Lane.

Uh my address is 19415 Easy Oak.

I am a resident of San Antonio and a current student at the University of Texas at San Antonio.

I'm speaking to you today as the student president of Israeli Kobat on campus of San Antonio, again located at UTSA.

I have lived in San Antonio all my life, and I love the city.

I also love being able to express my identity as a U.S.

person, engage with other students in multicultural settings, and also empowered other Jewish students to feel safe, especially in a time like this where when you open the news, you see another stabbing, another threat, and another, oh my cousin just got um called the K-word.

Our mission at Haban campus is to create a safe space for Jewish students at UP San Antonio and have insecure and anti-Semitism.

A key aspect of the mission is the ability to provide Jewish students with kosher food.

San Antonio, again, is an amazing city.

It's my home.

However, it has a very small amount of what it has been what I agree to be referred to as Jewish infrastructure.

This this establishment, which is not a restaurant, but as others have said, a communal food area, allows students, some from um across the country who are just experiencing San Antonio for the first time, to feel safe and welcomed, as well as to the wider community.

And it's an uh excuse me, and assists the city's multicultural and accepting mosaic.

This is not a threat to the character of the neighborhood, however, that's being defined.

It allows the community as well as Jewish students to come to a safe space, eat food to our customs and religious obligations together.

What's the time?

You have two minutes and twenty seconds.

No, how much more time?

Oh, two minutes.

Okay.

My apologies.

With that, I again want to emphasize that this is not a restaurant for profit.

This is not a some sort of, oh, come here and it's not some speakeasy.

It's just a communal kitchen.

The people bringing against this, I know are saying, oh, because it's listed on Google.

Google listing something incredibly hard to edit from what I understand.

And it is mainly just listed as that so people from out of town who are religious can see, oh, there is a place I can bring my kids and eat while I'm in town, able to eat and then leave.

We have the gates because we have had threats before.

As uh Urbitch and Java mentioned, there is alleys around, there's rowdy bars, and you never know what can happen.

I wish the gates were not needed, however today they are.

I wish it was where somewhere else someone could go make a for-profit kosher restaurant.

That would be great.

They can't.

Multiple have tried and they have failed for business reasons, um, or to close down due to threats in the past.

Thus, this communal kitchen is connected to our synagogue, allows us to not simply be involved with ourselves, but be involved as active members of San Antonio, the active multicultural diverse thing that is San Antonio.

Thus, once again.

Sorry, my mouth dry right before this.

Once again, this is not a threat to the character, which I don't even know how they're defining how a they define it as a single as a multi-excuse me, as a family-friendly neighborhood.

I do not see how this conflicts it just as a church or any other place of worship, does not conflict with the character with the neighborhood, which again, I'm not sure how they're defining that.

And it's an odd word to use.

This is a place where I and others can feel at home, and it's not a place of some rowdy crazy, it's not a bar, it's not a restaurant in a profit sense, it is a communal kitchen.

Thank you very much.

All right, next.

Hi.

My name is El Hanan Kaufman.

My address is 14102 Shalom Place.

I work as director of the Vada Kasrut, is a body that um it's an agency that certifies and supervises kosher establishments.

Um so I just want to emphasize how big of a need is having a place like this.

We just moved from Uruguay a few months ago, and uh for us when we're looking for places, we look for is there cultural places to go out to eat?

Is it it's a real need.

Um another example.

A few months ago, we had uh we had a baby, my wife and me, and um on the same day we didn't have any food uh ready for us, no friends to go, no family here, and the rabbi is the rabbi's wife she brought us from his from her personal kitchen food for us to the hospital.

So for the f for the first day.

Having a place like this, it's a real necessity.

Now, the main concern of the neighborhood is to is it the traffic, that's what I understood.

I really wish the rabbi and and his wife so much success that it becomes it becomes a problem and they need to find another place.

Right now, it's not.

The the kosher demand the demand for kosher food in San Antonio is not that big.

And for the people that the the people that need it, they really need it.

So that's what I that's what I wanted to share with you guys.

Thank you.

Thank you, Mr.

Kaufman.

Next.

Marlene Moulton.

Maureen, sorry.

Well, we're gonna use your last name anyway, so it's okay.

But if you would, if you would repeat your full name and address.

I absolutely will.

Uh my name is Maureen Moulton.

I live at 1553 Oak Grove, two houses down from the subject property.

I have lived in this neighborhood since 1968.

I am aware of the churches that have grown there.

I am aware of the bar.

Sorry, can you hear me?

Um I have my two-minute set statement.

I have some points to make.

Several that they've already made.

This is a restaurant.

It is being advertised on Google as a public restaurant with dine-in, take out, and delivery.

It lists hours and prices.

So it is being advertised as a commercial business.

And I do consistently see the gates open.

I know that they try and keep them closed, but they are consistently open.

Parking traffic and safety.

Every week, not occasionally, every week.

Cars park on both sides of Oak Grove Drive blocking the roadway.

Delivery trucks stop mid street.

And I have for I have sent in uh pictures for you guys.

Um this right here.

And this, sorry.

Um it uh emergency vehicles cannot safely pass.

This is not a traffic concern, is a public safety failure that violates UDC Section 35-526 on the off-street parking uh requirements.

Point three.

This is a stepping stone to full commercial zoning.

I want to be direct about what this is application really is.

The conditional use is not the in goal, it is the first step.

Once approved, the owner will be have established commercial use on this property, making it significantly easier to later apply for full commercial zoning to C1 or C2.

Um I did want to um state that I I am want to be very clear.

This is opposition is not personal, is not directed at any individual business or community, and we respect to the individuals involved.

This is a land use issue.

It is about zoning compatibility, public safety, and the documented impact of commercial operations within a residential neighborhood.

Um I also wanted to note that Toll does not live on site.

He lives at 158-15 Oak Grove up the hill on Wild Eagle.

Um the other communities that are in the area are the uh the Sikh Temple and the Catholic Church.

Thank you, Ms.

Moulton.

Juan Salazar.

Good afternoon.

My name is Juan Salazar.

I live at 7315 Green Glen Drive, which is the furthest to the left here on Green Glen, and I've lived there since uh September of 1999, so going on 27 years.

And I am not so concerned about the fact that it's wanting to be reclassified, only that it needs to be reclassified.

And that being the case, they refer to it as a community, but I am a part of this greater community and will not be allowed to access the this food that is available for a price.

That is I'm not aware of politics or religions or what's involved in how it works.

Only that if it's to be open to the public or not.

And obviously, or apparently it will not be unless you're a part of their community, is is that the case, or is it for all the community?

That is the point I'm trying to make.

You know, what is the purpose of this restaurant?

Now, as for parking, yes, it's a mess, especially with the restaurant or the club that's down the road.

And uh as a matter of fact, a couple of months ago, an ambulance got stuck in front of my house because they could not proceed down the roadway because of the vehicles parked on both sides.

Now that's every Sunday.

Now, since then that has not been a problem, but when and if this facility decides to have a function that will require that they park down Green Glen, parking and access to that will be a problem whenever that arises.

So other than that, it's it's uh it's a house, it's a community, it's where I've lived for 26 years.

Thank you, Mr.

Salasan.

Next Pavel Tonsensko.

My name is Paulo De Tenko.

I stutter a little bit.

I I I apologize.

Um everybody knows me as Paul.

I've uh my address is 7307 Green Glen Drive.

Um I live right next to the property.

Uh being um that's that's that's the subject of of the hearing.

Um I am opposed.

Um I think the primary reason is uh the reduction of uh of the property values who would want to live next to a restaurant.

Um I I do not think that it should be rezoned as a restaurant if it's not a commercial uh property.

I've been on church building committees where um where the where the parish hole does not uh a church does not need to be zoned commercial to feed its to feed the congregants.

Um uh Rabbi Tal Shaw told me himself that he does not reside at on uh on the property.

The main problem for me from the very beginning was praise and disregard of of neighbors by having extremely loud DJ style parties and live concerts in the backyard.

It's a small house, uh 2,000 square feet about.

Um there is no room for for people to uh to only uh play music inside, so everything spills out to the backyard.

It's right next to my bedroom.

Um I can I have videos uh to to prove that.

Um another thing, it it is a spot zone change that would uh that would change the character of the neighborhood.

Um it is important to me.

I'll give you one more minute.

Thank you.

Um it's it is relevant to note that Mr.

Tal Shaw is the owner or a part owner of at least nine short-term short-term rentals in in the neighborhood.

Um the one directly across the street from me, I know has had multiple ongoing complaints about uh about extremely loud parties.

Um last Friday on May 1st, there were there was a massive party.

Police were called to have a police report uh number.

Um that has not been that has not been addressed.

Um and the rest and the and the restaurant is advertising itself as as a commercial restaurant.

Yami Kosher Grill.com, you know, is it's open right now.

Um and and has been since at least 2023.

So the disregard for the city rules is obvious.

Thank you, Paul.

Next Rabbi Yosef Maros.

Good afternoon.

Name is Rabbi Yossi Maris, 127 Aberdeen in Burney.

I'm the rabbi that represents the Hill Country and Bernie, and uh I'm a colleague of Rabbi Tal, so we run the sister organization in the Hill Country.

And I would first begin by saying that uh if he was running a great restaurant, I would love to know what his profit margins are because as a colleague I know that he loses money every single month.

There is no purpose uh to this restaurant really except providing the service to the community that has been talked about.

Point in case, uh very often I speak Christian groups and other religious groups throughout the Hill Country, and they'll say, Oh, why don't you join us in the fellowship hall for lunch or brunch or what have you?

And uh, of course they ask me to reciprocate, and I tell them, well, I have a problem that I I don't have kosher food unless my wife is going to cook it for you.

So speaking to what we heard about earlier, this is a very great need from members of the Bernie City Hall, uh, Fredericksburg City Hall.

When I need to meet with them, uh it's either Starbucks or Merritt Coffee, or I come here to San Antonio to have a quick bite to eat and a meeting, and they are not Jewish.

So we're welcoming them into this space, which as we heard before is really a community space.

And I urge you to think about that because it's really important to all of us uh when we have a meeting uh and we would like to grab a bite to lunch.

Uh it's it's kind of hard to understand that out of all the wonderful restaurants in Bernie in San Antonio, uh we can't eat at any of them.

So this is really important to us.

I thank you for your time and consideration.

Thank you.

Thank you, Rabbi Maris.

Next.

Rabbi Levit Edom.

Hi, good afternoon, everyone.

My name is Rabbi Levi Taldin, 1426 Cavalcade Street.

Been serving the Jewish community in San Antonio for over 15 years.

Most recently I lead a Jewish community center right here in downtown.

And I can share something that I see almost every single day.

And that's people either through email or through our website, through calling and saying we're traveling, we're visiting, we're at a convention, at a conference.

Where can I find kosher food?

Kosher food is not just something that's important for the Jewish community.

It's important for every city.

If we're talking about accessibility and being welcoming place economically, gastronom the gastronomical uh element of a city is just as important uh in terms of being a welcoming place.

Um I think it's important in this matters to understand that in order for San Antonio to retain its character, its culture of acceptance and diversity, and a place that celebrates each other's customs, traditions, backgrounds.

It's important that a city has this type of infrastructure.

I'll just conclude with something.

Uh just two weeks ago a woman called, she's in town at a hotel downtown at a conference.

Um she's kosher observant and diabetic, and she was actually in a in a state of panic because the conference had promised her a kosher meal.

It was inedible, it lacked basic kosher certification, who knows where it came from.

Um I quickly uh messaged her the menu and uh from the website as well as uh Rabbi Talanchava's phone numbers, and she texted me within 15 minutes.

They're making a meal, and within an hour she texted me, Uber delivered it thanks to the rabbi and his wife downtown.

So I strongly urge and recommend uh that you pass this uh rezoning because it is very important for the infrastructure of our city.

Thank you.

Thank you, Rabbi Talden.

That is it for public comment.

All right, very good.

Uh Rabbi Shaul, you'll have a three minute rebuttal if you want to use it.

Someone wants you to use it.

How about that?

Try to read it.

Um I can definitely understand your point of view sitting behind the stage, hearing uh pros and against our request.

Uh teaching you kosher low will take us a couple of days, much more than uh the three minutes that you gave me.

But it's very important that each and everyone in this room, including the people that opposing, and um looking to the future, what the future will bring, that they will understand that we the only place we can eat, it's either lays that have OEU in a gas station or H B or at our kitchen.

Our attend is I heard that was voices that saying to which community, what what is the community, or how you define the community?

Well, people that need to eat kosher food, you will not spend fifth the amount of money for a burger that we going to in our place.

Nobody in this room will spend that money unless they need to eat kosher food, and then they are willing to go the extra step or to spend the extra money in order to get that kosher hamburger.

That's how important it is for us.

It doesn't make no money on the vice versa.

My colleague uh mentioned it.

It's take a lot of energy and effort from my wife and I, mostly my wife, but uh she dragged me along.

So um I'm requesting to the people that we are put that oppose a request to keep speaking and uh considering their what worries them and to come to this place in uh uh greater agreement, unity is uh a big concept in the Jewish tradition, that we all united and we all understand how important it is for our community to go and this extra step that we requested, we were requested to to make.

Thank you.

Thank you, Rabbi.

Okay.

Uh this is a district eight case.

Commissioner Kelly, to you for questions.

All right, thank you, Mr.

Chairman.

Uh it's obvious there's a lot of passion on both sides of the issue, and uh I frankly uh little torn about it because I think that it's clear that the neighbors are concerned about primarily traffic impacts.

Uh maybe that's not the total issue, but primarily traffic impacts seem to be a big issue.

Uh and yet it's obvious there's a lot of passion in the Jewish community for having access to the kosher food, and I understand that as well.

Um having had a chance to uh visit there, uh I would say it's a food service operation, but not really what I would call a restaurant, but uh that's probably quibbling about details.

Um I think that uh we really need to look and see if there's ways to mitigate the impact of the uh facility uh on the neighborhood.

It's clear that I I've driven out, I live not in that neighborhood, but fairly nearby, and I've driven uh down the street there a couple of times, and seems like there's often a lot of traffic there.

I guess my first question would be under the current operation, approximately how many uh congregates are served on uh on any given day.

Would what would be the average number of could the shallow if you if you'd come up to the come up and give us an answer on that, please.

We offering a daily service in the morning at 8 a.m.

That's when usually ten congregants coming together.

We need to have ten in order to read specific parts in the prayer.

So not always we get the ten, we trying.

Uh sometimes eleven, twelve, but no more than that.

Our uh the restaurant itself, if that's the concern of the parking, the restaurant itself, it's usually about four to five cars that are parking in behind the fence that again was awarded to us so uh by Homeland Security as they were concerned about our being.

Okay, thank you.

Rabbi, you might want to sit a little closer.

So you don't have to walk quite so far.

I I did have a I'm sorry I didn't catch you in time, but I had a follow-up question.

There's some uh it looks like uh there's uh sort of some vacant area on the corner of your property where the two streets intersect.

I just wondered if you've considered using that, opening that up and using that as parking space that wouldn't totally solve the parking issue.

I realize that, but it might take some of the pressure off the parking issue.

As Brendan mentioned, he is the engineer, he is working with the city with us uh to resolve parking issue, but it's you have to go one problem at a time, and unfortunately, first the we work recommend by the city to first worry about the zoning, then to worry about the parking.

But the to answer your question, yes, we definitely consider it in order to make it easier for our neighbors and our congregants to park their cars.

And I just wonder, I'm sorry, I just wonder has there been some consideration to maybe having a restriction on the parking on the far side of the street along y'all's area there, so that it would just be parking only on the area that where you all have added some extra uh road material there.

I think that's come from the habit of parking everywhere in this uh neighborhood, and especially as they mentioned on Sunday night when the bar is open, people parking everywhere, espe including our space, including the spaces behind the I mean on the other side of the road, and I think that habit is so in yeah, we definitely can work on it to ask our congregants to come to our side of the road.

But because that property have changed to uh um plaza, anybody else can park there.

So not always it's our cars that parking there.

Thank you.

Um Mr.

Chairman, I think that's probably the extent of my questions.

Uh I'll have a motion when we give everybody else a chance to ask questions.

Thank you, Commissioner Kelly.

Uh questions to my left.

Yes, Commissioner uh how do you want to go here?

Let's go.

What's it duval and Losef.

Okay.

Excuse me.

For staff.

Uh is there a difference if they weren't advertising as you know, they I what I'm hearing is they have an ad or they have something on the internet and saying that they're open and selling, because I mean our church charges for meals and we have lots of meals there a lot of times.

So what is the uh what defines this as a why did it come up?

I do believe that it mainly came up, and this and you'll have to bear with me because the original people that noticed this about two years ago when it originally became an issue.

They did notice like the online um that the sales of uh food and whatnot.

I will say if I look at the definition for a church or a place of worship, any place of worship, including church, synagogue, temple, mosque, and other building of facility, primarily engaged in religious worship.

The term church does not include other such uses like schools or recreational facility, daycare or child care facility.

So it kind of tries to limit the amount of uses that you'd be permitted for a church because church does have the um really the rights from the religious act to uh be anywhere in the city.

So um question about removing that um the signage or anything like that.

Um it was designated by our prior director when he met with them that is either if it's a private versus public, it is still considered a foo service establishment and it needs the zoning.

So uh other churches might be subject to that same issue all over town.

Correct.

That they would be have to have a certain zoning uh to serve food.

If they're gonna be serving, yes, as like a restaurant or a serving food for sale.

I mean, uh, we have a commercial kitchen and we charge prices, not always, but a lot of times there are meals that are charged, so that may be a very common thing all across the city.

So I'm just trying to understand why that is.

Well, the item we're considering right now is the conditional use of a food service establishment plane.

So any future owner of the property or tenant maybe use it as such.

If that is not the intent, then the request for the rezoning wouldn't be needed.

Yeah, it uh if I could just add that I think when uh a kitchen or if it's exclusive for the members of that church, then there they can continue.

But if it's is as soon as it gets open to the public and uh I mean No, again, sale of sale of food and everything really should not be happening at a church.

And I get it that you're saying that, but we're gonna go by case get that uh I'll I'll end at that.

I may have some others, but uh go ahead.

All right, thank you, uh Commissioner.

What's that?

Commissioner Duval.

So uh the um guru duara, the the Sikh temple down the street, um that's that's also a uh reached along um Glen Green Drive, right?

Like any traffic to get to that Sikh guru dwarf has to pass Glen Lee Glen Green Drive.

There's not like a they have to go through the neighborhood to get to that Sikh temple, right?

If that's the only access, yeah.

Yeah.

Access route.

Hold on.

Well, ladies and gentlemen, we'll we'll call you up, but just give us a second.

Thank you.

Maybe could we pull up a map just uh so we can maybe see the access drive?

So the the guru dura is at the end of Glen Green Glen Drive, I think.

If you pull to the ladies and gentlemen, a little further, a little further.

There we go.

So it looks like you could access it on Red Robin Drive, and then you have to turn on to Green Glen Drive into the residential to get to the Guru Dwara.

Um the uh Catholic church.

Uh is it this can we can we just see if it's the same situation?

That you have to drive through the neighborhood to get to the Catholic church?

Our Lady of Atonement.

I don't think there's I think that you drive on Red Robin Road the same way through the neighborhood.

If that's right.

I don't know if if you agree with that or if there's what are you asking again?

Well, just if the way to get to the the church is through the neighborhood.

It looks like it is, but I I just wasn't sure.

Yes, as correct.

As I stated, churches are allowed on any zoning district, including residential.

Got it.

Okay.

Um the and that applies also for synagogues.

There's no like correct.

Anything that offers anything that offers religion, religious services.

Okay.

Um about the original cause for the rezoning.

If you can help me figure out, I understand the C D for the food sta food service establishment.

I've you know, I I understand the context of how that came about.

Um why was the um requested what was it, R20 from R six?

What's the other thing?

So the original the land use for this property is part of the sector plan of rule of state tier, and R6 doesn't align with that.

So that's why even though it is all zoned R6, this was originally annexed, I want to say several years ago, and it was given a temporary R1 zoning.

And so in 2001, when we converted, it all changed to R six.

Um but again, R six is not really aligned with the rural tur tier land use.

And that is why um and luckily this property is over 20,000 square feet, so the R20 was able to um he was able to propose that base zoning district.

But it allows the same uses as single family residential.

Got it.

So uh the the uh was just updating the zoning.

That wasn't that that was required for the uses here.

It would avoid the plan amendment process.

Got it.

Okay.

So really I mean the scope of the project here is really the the C D, right?

That is correct.

Okay, all right.

Uh the thank you for for that clarification.

Um maybe I could ask um very quickly, uh either uh how about the Rabbit scene?

Uh to come up a couple of questions to her for clarification.

Uh so you know, I I actually haven't been to your guys' congregation uh very much.

I've been there before, uh, but only rarely for events.

Um I wanted to get uh ask a couple of questions to clarify the amount of uh scale of you know what we like when people are going there.

Sure.

Um so like on an uh an a normal day, let's say like right now, um is you know, after lunch, let's say today at lunchtime, um, you know, how many people would would the um establishment have right now?

Yeah.

I would be floored if there's five people sitting in there right now.

Floored.

So two of which are the employees.

Okay.

So uh in terms of customers, on an average day, how many people are you guys serving?

Um I can tell you we serve about maybe ten a day.

Okay.

And then uh the rabbi had mentioned for the religious functions, which are already permitted by right in the zone.

Yes.

CD is not about that.

How many people I mean, so the rabbi mentioned there's morning prayers.

Yes.

Um are there No, no evening prayers.

No evening prayers.

No evening prayers.

It's just a morning.

I know that we pray three times a day, but so far it's only the morning prayers that we can we're able to establish as of now.

Aside from Shabbat, right?

Like so Saturday.

So Shabbat, okay, so Shabbat's a different issue.

So Shabbat, we don't drive.

So whoever parks there, it's maybe five or six cars, and some do come and go because some do drive.

But for the most part, people are walking home.

Yeah, they're not supposed to, but whatever, we're not judging.

We're you know, we're here for them.

But you know, if there are any overnight parking there, it would be about maybe four cars.

Everyone else will drive in and drive out, and then we walk home.

So we park and we walk home.

There's no driving on Shabbat.

And then uh sound concerns ample.

Now Shabbat doesn't uh we observe the Sabbath, so that means no music, no loud, no, you know, none of that stuff.

Like it doesn't it's quiet.

It's very quiet.

Uh happy uh logboomer.

So happy log boy.

Yes.

So where is the sound coming from?

So we have speakers.

We have a speaker or we'll have music that plays in that backyard.

But again, it's like I mean, I can count on my hand how many holidays that we have that we were playing music poor, is one of them.

Um and I always call Angela and Paul to let them know that there's gonna be loud music that day, usually around March.

That's the one holiday that's really loud, and I'm sorry, Paul.

But I do forewarn them and uh we try to finish up by 11.

Um and then there is Logba Omer today and last night, but again, we try to finish up by 1030, 11.

And again, we try to keep it off of Paul's backyard.

We bring it towards our side, another side of the house so that it's not so loud.

But it with the exception of two or three holidays, that's the only time the loud music is playing music in the restaurant inside like inside the dining hall.

It's indoors.

It's not outdoors.

There's nothing happening outside on a daily basis.

Do you guys ever do live music in the restaurant?

No.

And then lastly, uh we didn't have any photos of what the restaurant looks like.

I have been in there.

Yes.

But so like how many tables, what's the scale of the uh maybe I mean it's it's I don't know how many square feet my husband.

Seven tables, yeah.

Okay, yeah.

It's not very big.

It's if I have a family of like, let's just say somebody wants to celebrate a birthday by us and somebody calls me Hava, hey, I have I am celebrating my birthday, I want to invite my family.

You have to remember we have 14 kids.

So you know, like most of us, most of our religious people have eight kids.

So if they want to bring 20 or 30 of their family members, I shut I have to say that's it.

I'm capped out and I can't serve anymore.

Yeah.

And then uh last question.

The the Google uh site.

Yes.

I mean I I've seen it before.

It's up.

Uh what's the purpose of it?

If somebody you know calls up and says, hey, I'm not Jewish, I'd like to eat at your record.

I I answer the phones.

I lately I've had an answering service because it's become like hard to just aside from all the anti-Semitic phone calls that I have to deal with.

It's been hard to answer the phone lately.

So I we hired out, but the the condition is where are you visiting from?

Are you of Jewish faith?

And I'm sorry for that neighborhood that doesn't feel unwelcome, but it's a fine line to walk.

I don't want to be discriminatory towards the neighbors, but I also don't want to get in trouble with the city.

So I have to ask, where are you coming from?

What's your visit?

How long have you been kosher?

I mean, they get grilled.

It's not an easy phone call to take, and it's not nice to say you know what, it's just for the community.

I'm so sorry.

I I cannot let you in.

And I've had to do that before.

And if somebody shows up at the gate and says, Let me in, I want some food.

Yeah, yeah.

We've trimmed them down.

Especially with the construction on 1604, we've had construction workers like, and we're like, we're sorry.

Police, I've had sheriff knock in and say, Hey, is this a restaurant?

I'm like, sorry, sir, but I can give you a bottle of water.

And thank you for your service, but I can't serve you food.

I have done that before, yes.

Yeah.

Uh can I just add one more thing about that Airbnb?

We don't own that Airbnb.

And actually on Friday.

That's the same thing.

Yeah, that's that's a that's a lot of things.

Thank you.

Thank you, Chair.

All right, thank you, Commissioner Duble.

Commissioner Losef?

Nope.

You go ahead.

Very good.

All right.

Uh to the right, questions.

Commissioner Hina Hosa, Commissioner Huey.

Okay, a couple questions.

Um this case is really confusing.

But uh what city uh staff, what is um remind me.

I think Commissioner Witzer was trying to get at this, but is there a religious exemption for churches?

What do you mean?

For certificate of occupancy?

Uh yes.

No.

Okay.

But uh because they're gonna do a commercial restaurant or that is the request before you.

Okay.

And what type of conditions could we put?

I mean, is it all the traditional conditions?

Correct.

Okay.

And then a a question for uh Harrison.

Do you mind coming up?

Have you met Harrison with with uh the group and have you all talked about maybe some conditions?

Uh yes.

Uh the lawyers from the Coffin group met with us about six months ago, I guess it was.

And um and they presented some uh ways that they were willing to accommodate uh basically it was all the CD things.

It was nothing in addition to that, really, uh in exchange for our concurrence with uh establishing the the uh the food service.

And uh we never brought that to fruition because we could just see the neighborhood was not interested in doing it and we didn't want to continue to leave them on to think that we were negotiating and getting to a point where we were gonna say yes, and that wasn't where we were going.

You know, I know this is a complicated issue, but not to us because the the religious part is not even on our radar.

And maybe this is an opportunity to squeak a couple more.

But it's a my radio and you know, the other churches.

Harrison, that that we're good.

We're good.

Okay, answer my question.

Thank you, Harrison.

Yeah.

Uh and a question for uh rabbi.

Uh let me just see if I can get this straight.

So this restaurant is currently in operation.

Yes.

Okay.

Uh three.

And I looked, I looked on our last three years.

Okay.

And I looked on Google and I got a little excited, right?

Because I was like, hey, something different.

But obviously I can go there.

Correct.

Okay.

Thank you.

Thank you, Rabbi.

Um then a question for city, uh, as far as occupancy, not for the church itself, but for the restaurant.

Is there a limit of how many people they could have with their base current?

We would have to look at the space and determine based on the request.

So a CO application would be needed, an inspector would visit the property and determine what was the appropriate occupant load.

And that would happen if zoning got approved.

That's correct.

Okay.

And code.

Are there any open code violations currently at this property?

Because I know why she's coming up here or looking for that.

I think someone had mentioned like on our our list here.

Um Desiree, I need you to restart my computer.

I'm sorry.

Uh but on the list that we have on the uh uh program notes here, there's a list of code issues.

Are those all violations or just what's been propped open then got some got it, I guess, uh uh expired?

Yes.

Hello.

Um my name is Michelle Velaski, senior code officer with uh development services.

We do currently have two pending code.

I'm sorry, I'm my wife always gets them mad at me, but when I tell her this, but I can't hear you.

Oh, I'm sorry.

Okay.

Um there is currently two pending code violations.

Yeah.

There's two.

Um there are two pending code violations.

And what are those?

They are for operating without a certificate of occupancy and operating a restaurant on a residential zone.

Um the cases have been opened for several years.

We've begun issuing citations and fines in 2023 without a resolution.

And um they they're currently pending, they're outstanding in court as well.

Okay.

And then uh thank you.

And then for for city staff, since they're going through the zoning process, uh, did they have to stop uh what they're doing in order to get uh to see what the final results would be for zoning, or are they allowed to continue?

I don't know who'd have that.

You should not be operating without an active certificate of occupancy.

They shouldn't be operating without is that what I heard?

That's correct.

When we issue notice of violation, we advise them that they need to seize operations because they are illegally operating.

Okay.

Uh and then one question for Paul.

And while you're coming up, Paul, just I can save a little bit of time.

Uh they had mentioned um the organization mentioned there's uh I guess throughout the year was four or five events that they may have used as speakers.

Is that pretty much accurate?

You know, four or five times a year that you're having issues with uh noises uh coming into your home?

The last year, yes.

Okay.

Uh in the in the previous years, it it it took me.

I uh I want to say over two dozen loud uh police reports.

If they they would happen sometimes sometimes several times a week, right?

Uh but that's changed, and you said last year was just about the four or five Yes.

Okay.

I would just make sure I didn't know if it happened every weekend, you know.

So but but thank you.

Thank you for clarifying Paul.

Um Thank you, Chair.

That's all my questions.

All right.

Thank you, Commissioner Hina Hosa.

Commissioner Huey.

Thank you, Mr.

Chair.

Uh I do want to thank the uh speakers for coming up and helping us understand this case.

Uh several questions.

Again, uh the last time I had any good kosher food was in New Jersey, so and yes, San Antonio is lacking in that area.

Uh question for staff, and maybe you can help me.

It's um and this is for our C attorney.

Can you please help me define define for me what a restaurant is?

Can we one second while I look in the UDC to see if we have a proper definition?

I can give you the definition of a food service establishment.

We don't have restaurant, but we have food service establishment.

Would you like that?

Yeah, sure.

Yes.

Um shall include every restaurant, cafe, cafeteria, coffee shop, sandwich shop, snack bar, supper clubs, soda fountain, do da to do, or other similar establishment which offer food or beverages for purchase and consumption on or off the premises.

Okay.

Now, is the current property uh categorized as a temple or a church?

Yes.

And do you know if the establishment is regulated by the health department?

That we need a certificate of occupancy to register with uh Metro Health to be able to be inspected.

And did I hear that they did or did not have a C of the United States?

There is no certificate of occupancy.

C of O for the restaurant or for the food sales.

Okay.

All right.

That's all I have for now.

Thank you.

All right.

Second go-round on questions.

To my left.

Questions?

Commissioner Duval?

So the point was brought up earlier about possible nonconformity with other religious institutions.

Just to work through it.

If a church had a coffee bar on Sundays for their congregation, would that be also in violation?

It seems it would be in violation with the definition, yes.

Okay.

Guru Duadas.

I know this uh you know there's one in the neighborhood.

Uh guru dwada is a central part of their religious function, is a communal meal where everyone is invited from the community to come and eat.

Whoever is hungry can come and eat.

Would that be in violation of the uh the code?

I think we would have to investigate that specifically.

Yeah, we we do each of these on a case-by-case basis.

So there's not going to be a one-size-fits-all when it comes to religious practices and churches as far as the city is concerned.

So I I mean, then just to work through it a little bit so I can understand the scope here we're dealing with.

Is the issue with the coffee bar, hypothetical coffee bar at a church is the issue that somebody is paying for it, or is it the issue just that they're serving food?

There's a few items there.

It could be the purchasing, it could be the conflicting uses in nature, hours of operation that might work as not a church anymore, but actually a business.

If it's a separate use, we do have some code requirements for separate uses as well.

So it is possible though to serve food and for it to not to be a food service establishment.

Well, we actually do have also in our use matrix, under the non-residential use matrix, charitable slash food and or clothing bank, and also charitable food service establishment, no charge for meals.

And those are not permitted by right in a single family residential district.

Those are separated and only permitted by right in commercial districts.

And to answer from the city attorney's office perspective, yes, there could be instances where food being offered in a religious setting, whatever type of setting that is, would not violate the UDC.

And would is money for the city attorney's office, is money the big issue?

Like if somebody if if members of the congregation are paying for the the ticket for the meal, is that the big issue, or what what would be the controlling factors there?

Again, it it's not a one-size fits all, but certainly the idea of the money and the transactional nature of it.

If you look at the definition of the food service establishment in the UDC, that's mentioned.

So that's taken into the analysis, but that is that that's not the only factor.

And then uh do we have any background?

Last question, but for code enforcement, do we have any background in in the the the case history here?

How did it you know how did it come to be that this was identified in violation?

What's what does that process look like?

It was not a proactive inspection, it was uh report that was submitted to our office for a restaurant in a residential area.

A report by whom?

A citizen, a citizen call-in.

Okay.

Yeah, I'm gonna chime in with a little more context on this one.

So we did receive a complaint that there was a restaurant operating in this property.

Um it was some time ago, a year ago approximately, our director at the time, as well as a number of staff from our department visited the site.

We were given a tour of the facility.

Um we took a look at the operation, the commercial kitchen that exists on the property, the large dining room space where customers can come in and eat, the provision of menus with prices and the fact that they advertise to members of the community, um, you know, that you can stop in and get a meal and pay for it in our director in his capacity as the building official determined that that exceeded merely a communal cooking space for the religious operation, that it did rise to the level of a food service establishment.

Sorry, but I'd be at a loss if I didn't use the uh sorry, last question came to mind.

Uh concern about subsequent owner.

If for whatever reason synagogue was really successful, they had to move to a new place.

Um, what restrictions would carry over to a subsequent owner for them not to open a commercial restaurant that was open to the public?

The use request is for food service establishments.

So the only conditions you could add would be things like hours of operation, signage, items like that.

Not the type of food or restaurant.

So a subsequent owner would be able to open it to the public?

Correct.

Is there a way to there would be no way to restrict that or no?

IVZ it or something?

No, it it sticks.

Um so if it was to change ownership, that zoning would remain as well.

All right.

Okay.

Thank you.

All right.

Thank you, Commissioner Duval.

Any further questions left?

Commissioner WhatsApp?

I'm probably still confused too.

Uh yesterday my wife was at church with 300 women and they paid $25 a head at with a commercial kitchen and all that.

And are they do they have a separate permit from their operations as a church that would limit them?

And I guess it's part of that.

If they were not advertising to the public, but I'm hearing they're not selling to the public.

I I can't knock on their door and go eat there.

So I am it's still confusing that it's like a private deal that but they need to collect money from people to uh pay for the food.

Yeah, I I think that it certainly comes down to a bit of a case-by-case determination.

Um the example that you shared, you know, does the church maintain a website with menu prices available to the public?

You know, do they have 48 Google reviews with customer reviews that dined at the facility?

Those are all things that went into our the director at the time, the building officials determination that this was more than just a synagogue.

So if they took a donation instead of uh just a it's free, but you can give what you can pay for, would that change the uh I I I am hesitant to try to interpret what the building officials' decision would have been at the time the decision was made.

Incomplete hypothetical is the objection.

All right, sorry.

Uh all right, any further questions left?

All right.

Questions right?

Yes, Commissioner Pete Rodriguez.

I have a few questions.

Some may have already been asked, uh, but for staff here I go.

Are they zoned uh to have a church on the property?

Churches are allowed in all zoning districts.

Okay.

So is there a limit of parishioners that are allowed since they are operating out of a house?

Not necessarily parishioners, but definitely occupancy loads depending on the space.

Okay.

Now uh question for somebody from the congregate congregation.

How Rabbi come on up.

How many uh uh when you have services, how many people attend?

Daily, every morning we have about 10 people that's coming to pray, as I mentioned.

Sometimes we do classes in the evening uh for the students or for uh uh members of our community, a Bible studies.

We'll get between um five to fifteen.

Uh lunch and learn is same number.

Uh Saturday, it's the day that we are shining.

That is the day that is the holy day.

Most people are coming to meet God, if you want to call it like that, and uh and pray.

Uh I would say on uh Saturday between the busiest, the busiest, the most cars that you have.

35 to 50 people when it's busy.

35 to 50.

And we making a special effort because we know our neighbors feel about the parking.

We asking them to come in pairs or is a family to use one car, you know, husband and wife to drive the same car.

We make in our effort.

We're making a request, you know, not necessarily always they listen to me, but I'm trying.

Um we see.

I think no further questions for you, sir.

Thank you.

Uh Rabbi.

Question for fellow Commissioner Doole.

Nope.

Sorry.

Got to stop that.

No.

You can ask questions of staff.

You can ask questions of uh members of the public who have spoken, uh, but we do not uh engage with other commissioners.

I guess I have no further questions.

Thank you.

All right, thank you, Commissioner.

Uh questions, yes, Commissioner Hina Hosa.

Um question for us uh code one more time.

When was their first violation?

The case was originally started in 2022 when we received it was transferred to another code officer in 2023.

And that officer is the one who made the internal inspection accompanied by the uh building inspector, and they determined that it was a restaurant.

It had been converted into a restaurant dining area.

Okay.

And then for staff, when was your zoning application submitted?

The zoning application was submitted.

It looks to be, I believe, um sorry, I just had it in front of me.

It was submitted June 2025.

Okay.

And the question for Rabbi.

Uh why was there such a couple of years of time going by?

Thank you for asking this question.

And because there was a lot of confusion in zoning between one representative and the other.

While the other one said it's perfectly under religious establishment, and the other insist no, it's not.

It's a food services.

When it came down to where I was driven down here about maybe three or four times, and they have not was able to define whether it's right or left.

At that time, I reached out to the councilman at that time.

Even he have enough time to change.

The councilman at the time, and I sorry to impose myself on you with that kind of request, but it seems like they're not sure in the zoning what is going on.

Only Dan Manny Pelaias, at that time, he was District 8 uh councilman.

He reached a to Mike, who was the director of the place.

Mike Shannon Shannon.

Mike Shannon, thank you.

They came with a um group of people trying to understand the situation because it seemed like the situation wasn't understandable.

Okay.

Thank you, Rabbi.

Uh and last question for staff.

Um I I think my opinion for this case is going to be strictly on land use, future land use, the zoning.

I'm gonna take out all religion.

Uh by saying that, is that it sounds weird saying that to a city staff, but uh by thinking that way.

Try to gather my thoughts here.

Um I'm not missing anything.

Right.

I mean, there's not something I think we've asked, a couple of us have asked already, is there some sort of religious exemption or anything like that?

I'm not gonna miss anything if I'm just gonna do land use, zoning for future land use, uh how it goes with the land.

I should be fine there, correct?

That's correct.

Okay, thank you.

All right, thank you.

Any further questions?

Right.

All right.

Hopefully, I will not muddy the waters much.

Um we're talking about a food services establishment, correct?

That's correct.

Okay.

So one of the examples of a food services establishment is a supper club, correct?

Supper club?

Yep.

Yes, that was in the definition.

Uh okay.

So Supper Club doesn't have to be open to the public, correct?

Club Giroux is a private club.

Center Club is a private club, correct?

Okay.

Maybe the examples are.

See, this is what I was afraid of.

I'm not familiar with those.

Um, I saw I I go fancy, apparently.

Um so in any event, but but again, to Commissioner Hinojosa's point, taking out the religious aspect, there are any number of places that you know conserve food that may or may not require commercial uses, like commercial transactions, excuse me.

That's correct.

As we mentioned before, it would be in a case-by-case basis in this particular case.

It has been previously determined that it would be needed.

Okay.

Thank you.

Now, my second thing, hopefully this will go better than the first, um, is when we're talking about violations and the length of time for violations.

That is something that we as the commission can consider, correct?

That would be correct, yeah.

Okay.

But we should not act in a punitive manner.

That is not within our ambitious.

That is not part of our responsibility.

A punishment should be delivered by a municipal court, correct?

Correct.

Yes.

All right.

Thank you so much.

All right.

At this time, uh the public hearing is closed.

We will not hear any more public comment.

Please keep your thoughts and words to yourself.

Um and Commissioner Kelly, to you for discussion and potential motion.

Well, obviously, this has proved to be a very challenging case trying to figure out uh a way through.

I've always said to uh folks uh that I've worked with that I'm a compromise kind of guy.

And if I can find consensus, I prefer that.

If I can find a compromise, then I'll accept that if I can't get the consensus.

So we've got some real difference of opinion here.

I am sympathetic to the neighborhood and the neighbors and their concerns about uh traffic and so forth.

I'm also very sensitive to the religious community and their need for uh having access to kosher food, which uh I hadn't no idea it was so uh hard to find in San Antonio.

I guess I'm kind of shocked to find that's the case.

So I realize that uh the there's a pressing need to provide that.

I wish we could kind of airlift that site out of the neighborhood and maybe find a little more room for it and you know it could be successful and and not have the issues uh trying to fit into the existing neighborhood.

I'm going to suggest uh I don't know if it's appropriate at this point.

Shall I can I make you can I move?

You can make your motion.

Okay.

I'm going to make the motion, and this may be something that we can't solve uh easily, but I think all of us are torn on this one, I believe, at least I know I am.

So uh I'd like to suggest we have a continuance for four weeks and uh have an opportunity for the neighborhood, uh the uh uh synagogue folks there, Rabbi would like to see if there's a chance we could all get together a time or two in the next four weeks and see if there's any way that we can come to an agreement uh that would allow us to move forward here and not negatively impact either the neighborhood or the ability for the Jewish community to have access to kosher food.

All right, there is a motion for a continuance to June 2nd by Commissioner Kelly for item number one.

There is a second, I heard from Commissioner Hina Hosa.

That is the motion.

All right.

Discussion to my left.

Uh let's go doval then what's it?

Uh uh I I am going to be voting in favor of the motion to continue the item for further discussion, but I just wanted to make sure that we make clear uh to the applicant and to the community about the outstanding issues they have to work out.

Um I I think I'm uh I think I may be primarily concerned with what might be a code problem, a policy problem, um, generally.

Uh I I wonder the level of noncompliance across religious institutions in the city.

I think it might be very, very high.

The number of uh you know religious organizations that are uh that might fall under the gambit of this.

It does to me smack of uh unfairness that all it takes is a resident to complain to code enforcement to to you know target somebody.

Um I don't think that's the community that we want to live in where you know religious organizations you know might be targeted when everyone's a nonconformance with it.

Um I don't know I uh and and I don't think that also I should say I don't think that's an issue that can be resolved in negotiations between the applicant uh and the neighborhood association.

Um but you know, maybe with parking, uh traffic, you know, traffic issues, parking issues, figuring out what conditions of approval we could place from our handy cheat sheet on the project might help with the issue of uh subsequent owners.

Um I'm open to you know your all thoughts too on that point so we can make sure that they know what what they're gonna be coming back to us with.

All right.

Thank you, Commissioner Duval.

Commissioner What's up?

Okay.

Um hold down and read at the same time.

I'm looking at uh Division 5 places of public accommodation, uh section two, five ninety-four says exemptions.

The division shall not, however, apply to any hotel, motel, restaurant, private club, and I'm just kind of grabbing things here.

Um facilities services restricted to the members of such club and their guests, to any bona fide social, fraternal, educational, civic, political, or religious organization when the profits of such accommodations advantages, facilities, services above reasonable and necessary expenses are solely for the benefit of the mission of such organization.

That's Section 2594 exemptions and it's uh under Division 5 places of a of public accommodation is where I'm finding that.

So I'm still back to if this is a church, why is there even an issue here why they're trying to call it a restaurant when churches all across town do this uh type of thing and why it was it singled out.

And I understand the neighbors and a residential, none of us like anything growing and expanding on us, but since there are technically no restrictions on a church and where they can go.

I don't I'm not sure I even see that this should be an issue.

They shouldn't be having to apply for a food service.

It should just be part of their uh operation as a church or a synagogue or whatever they might be.

Thank you, Commissioner WhatsApp.

Any further discussion left?

Commissioner Lose.

Um I'll be brief.

I'm gonna support the motion for continuance.

I just uh want to note that the question of if this is a restaurant or not is not really I mean I know it's a discussion you all are having, and that's part of the conversation.

What we're tasked with is to decide on this board if or recommend if the zoning matches the area.

The area is definitely residential.

I know this is a church and there's different options.

But I I hope in the continuance period and as we talk through it, that question is center.

I think there's no question from what we heard today, there's a need for this.

Kind of what Commissioner, uh District 8 Commissioner said it would be nice if we could take this and lift it and put it elsewhere, because I think the need is clear about the um lack of options for kosher meals, but that's not really our question.

Our question is to make sure the zoning is appropriate and matches the area, and the area is very residential, as we know.

So I just want to put that out there, I guess, as you guys have your conversations as we hear this again in a month.

I think that's the question on my mind more so than the question of if it's a restaurant or not.

All right.

Thank you, Commissioner Lose.

Discussion to my right.

Commissioner Hina Hosa.

So obviously I'll be supporting this um this motion.

Uh but the neighbor, the neighbors and the uh uh the community uh uh for the rezoning, I think you all need to come get together.

I think the biggest issue that I hear is the parking, right?

Uh ambulances can't get by, you know, because there's parking on the street.

Um I think I was a comment made, I think, by the rabbi about the the extra land that you all have in a certain area that maybe after zoning you would think about redoing the parking.

Maybe that's something you need to kind of address now.

Uh maybe a new site plan.

I I don't know.

Uh and for the neighborhood, I know you said we didn't really think of conditions because we really just didn't want it.

We need to find that median.

I mean, we all need to be uh successful here.

Um but uh that's all.

Thank you.

All right, thank you, Commissioner Hinoza.

Any further discussion?

Right.

Okay.

Briefly, I'm gonna be a little redundant of Commissioner Hina Hosa, because I do want to emphasize this.

Uh I am I also am going to support the motion for a continuance.

Um, you know, I appreciate the neighborhood saying that they didn't want to lead on uh to some degree the applicant.

Um now's the time to talk because a decision is going to be made one way or the other for both of you in a month, most likely.

Um I think there are opportunities.

As Commissioner Hina Hosa pointed out, with respect to the parking, uh, we can work on that site plan.

We can try to increase the parking there.

Um you can do that with Commissioner Kelly.

We will not all be getting together, to be clear, because that would be a violation of the open meetings laws.

But uh, Commissioner Kelly, I think we'll meet with the applicants, with the neighbors.

Um there are conditions that he will talk to you about.

We're not going to do it today.

Uh but do that.

Um additionally, to some degree, you the parking is a giant issue, but it's an issue that may not be for zoning at this point.

You can get parking restrictions for this area.

You can get parking permits uh for neighbors.

Um so that's something I encourage everyone to talk to the district eight council office about.

But I do want to emphasize that I think this commission and Commissioner Kelly expects there to be good faith efforts on both sides.

Um, you know, there is some threat of commercial encroachment here.

It is a residential use.

However, it's on the edge of the residential area.

It's abutting commercial areas, so that's less of a concern than it might be if this were in fact in the same location as the Catholic church, which is way buried in there on Red Robin.

Um, you know, this is a hard case, but I think there is an opportunity for both people to come to a solution that will be to everyone's benefit, whether it's hours of operation to try to limit some of the noise.

And again, noise complaints are also something that we consider, but we don't punish or enforce.

But they apply, I believe, equally here.

So think about that as well as we go forward over this next month.

Okay.

That being said, I am done talking for once.

The motion is for continuance June 2nd by Commissioner Kelly with a second by Oh my gosh, don't forget.

Thank you.

All right, roll call vote.

Commissioner Kelly?

Yes.

Commissioner Inojosa.

Yes.

Commissioner Kellum.

Yes.

Commissioner Losa?

Yes.

Commissioner Pete Rodriguez.

Yes.

Commissioner Huey?

Aye.

Commissioner Duval?

Aye.

Commissioner Woodsett?

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

Aye.

Motion carries.

And we will see the mics again in a month.

All right.

Y'all take care.

Thank you.

If y'all were here for that item, you can now go about your day.

Good luck.

And uh be in touch with Commissioner Kelly.

Um this is close to the time that we normally take a break, Commissioners, as people filter out.

Uh I am going to suggest, unless someone feels strongly otherwise, we just go to the next case and then we take a break.

All right.

Request for a five-minute break.

Oh, let's do a five-minute break.

There we go.

This is this is the one time where I'm only going to have one person who can veto me.

Uh all right.

Time is 247.

Uh we are in recess for approximately seven minutes.

Thank you.

Very good.

All right.

Uh thank you, ladies and gentlemen.

The time is 256 and we have returned from our recess.

Um we are going to actually begin now with item number nine.

As I understand there will be potential motion for continuance for two weeks.

Mr.

Chair, is it in order for me to make that motion before the hearing?

So if we just read the item, item number nine is zoning case number.

Item number nine is zoning case Z 2025 1070249S, located at 12139 Jones Maltzburger Road.

Is there any public comment on that item?

Uh no, there is no public comment on this item today.

Okay.

Is anyone here for item number nine on Jones Maltzburger?

But you're the applicant, so you're good.

All right.

We're going to try to get you out of here a little faster today.

Uh all right.

So I think now we can make a motion.

Commissioner Duval.

I move to continue.

Uh item number nine to the uh two weeks to the May 19th meeting.

All right.

Is there a second?

Second by Commissioner Witsett.

Any discussion?

Looking left, seeing none, looking right, seeing none.

Motion is for a continuance of item number nine to May 19th.

Uh by Commissioner Duval, second by Commissioner Woodsett, roll call vote.

Commissioner Duval.

Aye.

Commissioner Witsett.

Yes.

Commissioner Kellum.

Yes.

Commissioner Losa?

Yes.

Commissioner Inohosa?

Yes.

Commissioner Pete Rodriguez?

Yes.

Commissioner Huey.

Aye.

Commissioner Pana?

Yes.

Chair Bustamante?

Aye.

Motion carries.

All right, very good.

Thank you.

See you in a couple of weeks.

All right.

We are now going to move on to item number two, please.

Good afternoon.

Alexa Ratana, zoning planner with development services.

Item number two is generally located in the 3200 block of South Foster Road, going from R6 residential single family district to C3 and ACD, General Commercial Non-Alcoholic Sales District with the conditional use for manufactured home, oversized vehicle cell service or storage with all overlays staying the same.

There were 32 notices sent out, zero in favor, one opposed within the 200 feet, no registered neighborhood association within the 200 feet, and outside the 200 feet, there are two opposed.

The existing R6 residential single family district is an appropriate zoning for the property and surrounding area.

The proposed C3 and ACD general commercial non-alcoholic sales district with the conditional use for manufactured home oversized vehicle cell service or storage is not.

The applicant is requesting a rezoning to accommodate the ongoing use of the property as oversized vehicle storage.

The subject property situated at the entrance of an established residential neighborhood and across the street of additional residential properties.

Industrial uses in the area seem to be concentrated on the opposing side of U.S.

Highway 87, while the site of the subject property is contextualized by residential developments and commercial designations.

The introduction of an intense commercial base zoning district and industrial use would be incompatible with the current development of the area.

Additionally, industrial uses are typically removed from residential scale developments as they have the potential to create nuisance items.

Staff recommends denial, and the applicant is here to answer any questions.

Okay, if we could have the applicant, please.

And sir, if you would introduce yourself, give us your address.

I live on uh 1127 Kentucky Avenue, and I represent Mr.

Efrain and Mario Sobala.

If you would tell us about the request.

So we are trying to uh zone a an R6 um residential uh property into a C3 with conditional use um zoning.

Uh what we're intend to do is uh have um replant the area where we have two lots that are gonna remain on R6, and then we're gonna have the uh uh the the uh the most eastern lot to be the C3 with conditional use um zoning.

Current go ahead.

No, go ahead.

Currently the uh we had a um the surrounding area.

We have a R4 within the adjacent uh subdivision, uh predominantly R4 lots with two uh C2 commercial uh two zoning uh lots uh north of us.

Um so what we want to do is we you know we we've we've had this property, we've um we we f we uh uh uh fix uh uh semi trailer semi-trucks.

Um we've gated the community with the uh six-foot uh uh fence.

So we won't so as you can see, so we won't have any none of the other neighbors see that what's you know the the semi trucks um in addition we cleaned up the area.

We've had people homeless people, we found them a few times.

We've uh found debris, mattresses, uh syringes, and and and we've already kind of cleared that up.

We've talked to the neighbors, they didn't have any problems with the exception of one.

Um I think that that's it.

Thank you, Mr.

Models.

Thank you.

All right.

Any public comment?

Yes, we do.

Jane Schaefer and Ms.

Schaefer, if you would uh say your stay your name and address for the record.

Thank you.

My name is Jane Schaefer, and I live at 505 Costano Avenue, San Antonio, Texas, 78209.

I oppose this zoning.

My family owns the five-acon five-acre track adjacent to this property, along with several other tracks in this area.

As a matter of fact, my father and Cliff Morton developed this area.

They established the Lakeside Subdivision.

My father went on to build Foster Meadows subdivision, as well as donate the land in our family helped money raise the Schaefer Library.

I want you to understand where this land is.

This is in the corner.

That's the little flower.

Well, I'll go on, I'm gonna lose my time.

But that corner right that has the Xs on it.

That is the commercial zoning that they're requesting at the entrance to foster meadows, which is look at all the residential.

There is no commercial there.

This property was purchased in November 22 with the full knowledge that it was R6.

Within three months, they had cleared this this one acre lot, and by 2024, they had used it as storage for oversized truck, which is what the zoning is that they're requesting today.

2024 UDC violation was filed, and it is still pending.

Nonetheless, the owner continues, the owner continues to operate as large store truck storage, and he has also built a corrugated metal fence around it that does not cover the large trucks.

The corrugated metal fence is also another UDC violation and should not be allowed.

This zoning request seeks to legitimize the owner's violation, and if granted, it would undermine the purpose of the zoning and planning commissions.

Placing high-intensity commercial and industrial type use on a one-acre residential lot.

Thank you, Ms.

Schaefer.

That is your time.

That is it for public comment.

All right, very good.

Mr.

Manales, you'll have a brief rebuttal if you want to use it.

Okay, my name is Frain Rios.

My address is um 118 Grasmir City.

I try to speak in Spanish because I want to explain exactly my purpose.

Okay.

Normally we would have a translator ahead of time if you're gonna speak.

So come on, come on up.

Uh he will get six minutes total because of the translation issues.

Okay.

Okay.

Um those propositos, and you necessitous el processor because you need to await electricidad, verdad.

Um my purpose is to divide two acres for different purposes, and we already started the process.

I need water, I need electricity.

Okay.

Um, area stuff unpocko mal, verdad looks and uh limpiamos and tratando hacer las cosas como más derechas possibles.

Um escucho a la persona lo del fence.

Uh when we got there, the l was very we had the payment.

We did everything as that we can do to be straight.

If it's difficult to hear this person saying what he said.

Um Foster Foster South Foster, visto que es un area commercial, cierto que tengo vecinos que tienen equipo y tienen propositos differents.

I see that in Fosterville, is there a commercial area?

I see neighbors with different purposes and different business.

Yeah.

And was the proposito mascana is um conseguir los los services, right?

Um the purpose is to do something with it, so I'm looking for the permits that we need.

And if it's a denied, then we have to do something different or find another location.

Thank you.

Thank you.

All right, this is a district two case, Commissioner Lose up to you for questions.

Can I get the owner or representative up for a question?

Uh Mr.

Morales or Mr.

Rielson.

We might.

Well, um, so earlier you had mentioned that you spoke to neighbors and got support.

Do you have any letters of support?

We do not have anything in support.

We we briefly spoke to them, we see we could they can sign something that they're reluctant to sign anything.

Um we asked them to come and they they were like well, you know, they work, so it's difficult.

Yeah, that's fair.

It's in the middle of the day.

Um do you roughly how many people did you get support from?

Uh there was like three, there's not that many houses that in the 200 uh radial um support uh uh radial area where we can yeah.

Uh okay, thank you.

That's it.

All right, any further questions, Commissioner Lose?

All right.

Questions to my left?

Commissioner Duval.

Uh for uh Ms.

Schaefer, I believe.

Ms.

Schaefer, if you'd come up.

So on the other side of the highway, there's some more intensive commercial uses.

Um, but given that uh you seem connected with the the development community still, I thought you'd maybe uh wanted to ask if you could share about what the the vision is for development along North Foster Road for in the future.

Part of that commercial is off of Highway 86, and then you turn down South Foster Road.

I own the land from high well, me and my siblings from highway 86 to his property, which is a mixed use, which would be the same as neighborhood services.

I don't know what you called mixed use, but it's not commercial, and it's certainly not industrial.

And then um that's the same with the rest off of uh uh off of highway 86.

There is commercial land, but that does not that does not come down in effect where this property is.

This property as at the entrance to um foster meadows subdivision, and I was trying to show you that picture to show you all the residences in it.

And if you were here two weeks ago, I showed you pictures of the school buses, the families.

Um it's on the corner where there is no other entrance into foster meadows except way down 86, and then you come in.

So this corner is busy.

It's a one-acre lot, and yes, my land is C2, but it's a mixed use with residential services.

It's not industrial at all.

So you're gonna have big trucks coming in and out of this corner lot where the school children and the families are coming in and out.

There's a school up there, the library is up there.

Um it's it it and they've been in violation for two years.

Got it.

Thank you very much.

Yeah, thank you.

Uh quickly to staff, could you just give us a refresher uses characteristic of C2 versus the uses characteristic of C3, which is the proposed zoning here?

So C2 basically is less intense uses, basically more of your um commercial, I'm sorry, retail service programs where C3 has higher intense uses, more of your more popular ones are bars, nightclubs, auto dealers, um, higher intense items that bring in noise, maybe more noise, more um I don't want to say smoke, smog or you know, intrusive uses.

Now the the proposed zoning to be fair is non-alcoholic sales district, so the bar we wouldn't really have to be worried about.

That is correct.

But the general point though that the C3, even with a subsequent owner, could result in a higher density use near the entrance of the neighborhood as opposed to closer to the highway, which would have a lower intensity use.

Very correct.

Okay, thank you.

All right.

Yes, Commissioner, what's up?

Probably for uh staff at the moment do you know when this was annexed into the city?

We can look that up in just a second.

Uh looks like it was annexed in 2000.

December 13th, 2000.

Okay, so a long time.

Okay.

Um it's been used since 2022.

Is the lot platted?

And did the if if it's not, is it required to be platted to get a permit for a building, or since they've got a building up there and so any new construction or site development would require recently recorded plat.

Okay, so this did get a permit to build or but to answer your question, no, the lot is currently not plotted.

It's not platted.

Yeah.

So that's a violation there if they've got a building on it.

Is that it would not have gone through permitting if there's a structure on there now.

Okay.

Uh the metal fencing that's surrounding part of the property, that's not allowed, is it?

Or is it that's correct?

And uh since my computer is down here, I I can't read what y'all did, so I'm sorry about this.

But um, did you all make any other recommendations for zoning on this?

No, we just did denial.

Just denial.

Okay.

Any further questions to my left?

Seeing none.

To my right questions, commissioners?

Saying none.

All right.

Commissioner Lose to you for discussion and potential motion.

Yes, thanks for coming out and sharing to all who did.

Um, if you've worked with D2, it's you I used Hav because this is in District 2, you know that the two big things that we always worried about is neighborhood support and reducing high use.

Like industrial use almost never gets approved.

Um I'm glad you guys talked to the neighbors, but without any documented support, we don't have any proof of the support, and we need to have that to have it on record here, and I also need to see it as commissioner for the district.

Um, and above all, aside from neighborhood support, this is a really intense use right against neighborhood and residential.

Um I know across the street, really across the highway, there's some of that intense use, but this is butting right up against the neighborhood.

So of this, the intense use right against residential and lack of neighborhood support.

I mean a motion to deny this.

Um that's it.

There's a motion to die.

Item number two by Commissioner Lose.

A second by Commissioner Kellum.

Discussion to my left?

Yes, Commissioner Duval.

Uh just that the um storage of vehicles, I could imagine a scenario with really long-term storage of vehicles that could, you know, potentially be compatible uh with the neighborhood.

You know, ideally you imagine like with an entrance like this that you have a you know uh community retail where you know businesses that are serving the neighborhood, but beggars can't always be choosers.

Um that being said, though, I'm concerned that the C three, some of the other uses that would be allowed in the C three by right after the rezoning, I think would not be as as acceptable.

Um so with that I'll be supporting the uh the motion to recommend denial.

All right.

Any further discussion to my left?

Seeing none to my right.

Seeing none, I'm gonna have uh the China Grove song stuck in my head by the Doobie Brothers uh for the rest of the day.

But um I too will be supporting the motion.

Unfortunately, I do find that this use is too intense for a budding residential.

Uh motion for denial of item number two by Losef with a second by Commissioner Kellum.

Roll call vote, please.

Commissioner Nosef.

Yes.

Commissioner Kellum?

Yes.

Commissioner Nohosa?

Yes.

Commissioner P Rodriguez?

Yes.

Commissioner Huey?

Aye.

Commissioner Kelly?

Yes.

Commissioner Duval?

Aye.

Commissioner WhatsApp?

Yes.

Commissioner Pana?

Yes.

Aye.

Motion carries.

Okay.

And again, we are a recommending body, so this will go with a recommendation of denial, but you still have your opportunity to be heard at council.

You can talk to your case manager about that and what the next steps are.

All right.

Good luck to you.

Uh next item, please is the time is 316 and Commissioner Kelly is leaving the meeting.

The next item is item number four.

We are 46 notices mailed.

Zero in favor, two opposed.

There is no registered neighborhood association within 200 feet.

Stab has not found indication of likely adverse effects on the public health safety or welfare for this request.

The current R4 residential single family district is an appropriate zoning for the property in surrounding area.

The proposed C2 commercial district is more appropriate.

The proposed rezoning to C2 commercial district facilitates a logical info development consistent with the established character of Sinuche Road by positioning commercial activity at the periphery of the nearby residential neighborhood.

It serves as a functional transition between higher intense uses.

Furthermore, the designation would facilitate neighborhoods could facilitate neighborhood facing amenities while shielding residence site streets from through traffic and commercial encroachment.

The applicant representative is here to answer any questions.

Very good.

If we could have the applicant's representative, please.

And if there weren't enough hamburger sales, they have a water burger right next door to it.

It is 750 feet from the right-of-the-intersection.

Now this graphic does not show the subdivision uh which is been platted and the early phases of it are being developed.

The uh the owner of the commercial property is also the owner of the and the developer of this particular property.

Uh he is not intending to be the commercial development purpose per se, but he wants to uh ensure that there is uh and his intent is to have neighborhood commercial services.

Given the distance and remoteness of this area, they want some commercial uh services and businesses that serve the overall area.

If you look at the zoning, um, you know, on one side you have more intense C three uses and then you have industrial to the to the east.

Uh we think uh C2 zoning is really a a great kind of transitional zoning between those from the residential to those more intense uses.

Um so that is the request to do C2.

Now early on, I will just say that the owner who originally was starting this case really fumbled the community and engagement on it.

We were able to step back and engage with correspondence to the community.

We had a project briefing, although only a couple of the property owners are able to attend, it was pretty extensive.

We went through a lot of uh aspects of this.

We've had some follow-up communications with the neighbors, and you know, we shared the intent to do a neighborhood commercial uh type of development.

This scale is the the concept that might go there just for your reference.

Uh we also spent a lot of time going through C2 uses.

Uh and there's some C2 uses that are in the land use table that's simply because of the nature of them.

They're not gonna fit on this site.

It's it's too narrow, it's too weird.

Others are just really not realistic given kind of the situation behind uh the other commercial types of business.

So these are the ones we think are more likely.

These are also ones that are you know, neighborhood servicing.

Uh these are probably some you see in your own neighborhoods.

Uh again, non-chain restaurants, things that uh retail services and and the like that might actually be work here.

Now we have a hypothetical concept plan for this.

I just want to stress it's hypothetical, uh, is not proposed, but what this is is informed by the code as to the site constraints as well as a 50-foot gas pipeline easement that runs right through the middle of it.

So we've added setbacks, easements, landscape up here.

And then if you contemplate how that would likely work, this is what is this something like this is probably gonna be uh occur uh based upon this is a roughly a 30,000, almost 31,000 square feet of uh space with 103 parking spaces.

Honestly, I'm not sure it will even be this big because of the site constraints, but this is kind of what we're thinking, and uh that is really the basis of our request today.

And uh I will just conclude my remarks.

I know you have had a long afternoon.

If I can answer any questions, I'm happy to.

Thank you.

Mr.

Jacobson, we're just getting started.

Uh do we have any public comment?

Yes, we do, but just as a note, this case did have an associated plan amendment and did receive a recommendation of approval by the planning commission on April 22nd.

Thank you so much.

Gwen Vanderpool yet.

I gotta go pick up my kids at school.

Well, you can leave after this unless you just want to hang out with us.

Uh uh I have a thing about the um that's the property owners association.

My name is Gwen Vanderpool.

My address is 3015 Southur Street, Converse, Texas, 78109, the other 09er.

So he's put together a plan, and the planning uh zoning changing is from R4 to C2.

This is a very odd-shaped uh property of 5.

And uh it would drastically uh impact the residents of Paloma Park subdivision.

He had mentioned it is still in the process of being built.

I'm uh uh lot number six there, the very first person to buy in this whole new neighborhood.

And um this uh property is bifurcated by a natural gas pipeline.

But the problem is is there's an easement on the front and on the side of the property, but not on the back of the property.

And it comes exactly right up against our back fences of there, and there is not another fence line for the whole property, and there's no berm.

So you would look at light pollution and sound pollution from there.

So you have a 24-7 uh gas station there and a water burger and and McDonald's already with the drive-through.

There's a de facto uh 18-wheeler parking lot that's coming into there.

There's daily uh trash uh taking out of there.

So there really isn't any mitigation for sound or light or noise pollution or the other pollution is that's there.

So a traffic is already a concern.

A hundred and three parking spaces would uh definitely affect the percolation and the drainage of the area, and as it is our backyards, we are only allowed to uh have a non-permeable uh area of there for our backyard, and if you had a non-permeable parking lot there, that would definitely affect our foundations.

This is old farm land, so that would definitely contribute to uh difficulty in our uh houses and uh problems with uh settling issues that are already uh that will that will contribute it to that.

So as property owners, we were asked what we would like for the parcel property to do with their land instead of developing sorry.

Ms.

Vanderpool, that's your time.

Sorry, that's all right.

But is it for public?

So sorry.

Thank you, Ms.

Vanderpool.

Uh Mr.

Jacobson, do you really want uh rebuttal?

Thank you.

Um this is a district two case to Commissioner Losa.

I have a question for Ms.

Vanderpool.

Just gonna open it if you want to finish, but I was also gonna ask you what the residents wanted to see in the area.

So those are the same things, that would be great.

So we were thinking about um since it's uh we were thinking about a commercial nursery or green space.

Sorry, I'm such a nerd.

Um a commercial uh nursery such as uh fennex nursery or millburgers or that that moon thing.

Um, or maybe uh a park.

And I know he's trying to sell it to recoup his money.

The rest of the his land went to this residue, this uh subdivision.

So this is just the remainder sliver.

Thank you.

And then can I get the um representative?

Um can you just talk a little bit about the outreach of general the neighborhood?

I know it it sounds like there's not a ton of people out there, but for the folks that are living out there.

Yeah, thank you.

So uh there aren't a whole lot of people out there, and so what we did is we sent letters to all of the property owners within 200 feet.

The some there are commercial property owners, obviously, with the McDonald's and the Whataburger and some other uh in fact, one of them came to our our neighborhood briefing.

Um but the two of the residential neighbors, and there aren't many there, they're still coming in as the subdivisions being developed.

So that we have two of the neighbors plus one of the commercial property owners.

And then we did follow-up letters as well.

So that that's the extent of what we've been able to do at this time.

And again, walking through in detail the nature and the constraints and the land uses around what's intended.

So that's that's it for me.

Okay.

Any further questions left?

Yes, Commissioner Duval?

Uh with the planning uh commission plan amendment, uh I'm laughing at uh having this conversation after so many times that we haven't had it, we got it, we got it.

Um but uh the last zoning commission meeting that we we have discussed planning commission and zoning commission, we had come to the idea that if uh the planning commission had not yet decided on the item that we were supposed to review the proposal in its entirety, including the plan amendment, and we were supposed to make our recommendation based on the entirety of the proposal.

Um what are we still supposed to consider the the plan amendment?

Are we still supposed to consider the the uh you know consistency with the existing plan after the planning commission has made a recommendation, or does that change your guys' recommendation to us?

Again, you're a separate entity from planning commission.

You're we just notified y'all because it did get reviewed before then.

We notify planning commission when it's been reviewed by zoning commission, and you know what their recommendation is is just for all information.

But again, your goal is not to change if planning commission has reviewed it their plan amendment or not.

Does that help?

Well, so one of the criteria for review is consistency, and one of the elements that we're supposed to review for consistency is consistency with the general plan.

So in the past, when I had asked, are we supposed to you know consider it with what we think the planning commission is going to do?

Or we the answer was we should review it based on what we think the planning commission should do for consistency.

So my question is now that we have a recommendation from the planning commission, should we still review it based on consistency with what we think the planning commission or the council should adopt, or should we go with the planning commission's recommendation and review it based on consistency with what the planning commission recommended?

Well, the planning commission would their recommendation would allow several different types of zoning if approved.

So you'd be focused on the specific zoning request being made by this applicant on the zoning commission meeting.

But go to your question, I would say recommend what you are wanting.

So the same the same advice is with if the planning commission hadn't met before us.

And and also to jump in.

So again, state the state law requires that the zoning has to be in conformance with the comprehensive plan and the plans and the plan amendments, right?

And so the only way that a zoning change would happen is if city council agreed to change the plan.

So you will never have a zoning that's gonna be inconsistent with the plan.

So if it helps, you can think of it as if the planning commission agreed to the plan, whether they did or not, because ultimately council is going to have to agree that the plan gets changed in order for the zoning change to happen.

So ultimately, that's the only way you're ever going to have the zoning change is if the plan amendment gets changed by city council and they are ultimately agreeing with that.

And I'm just gonna I think reiterate the this is helpful information, additional information.

Um but you get to do your own independent analysis.

If if you if you as a individual commissioner want to rely on the planning commission, you may do so.

Um if you want to do your own thorough review of the plan and the proposed amendment, you can do so too.

Got it.

Okay, all right.

So uh Ms.

Vanderpool, if we can ask you to come up again.

You stayed.

Yes, sir.

Uh when do you uh roughly buy your home?

I bought it January uh 17, 2025.

Okay, all right, and and staff the uh I-10 East Corridor plan was adopted February 2001.

Is that correct?

Hold please.

Yes, February 2001.

And the the reason why the applicant had to go for a plan amendment uh was because the February 2001 plan amendment the or sorry, the East Corridor plan would not have allowed this proposed zoning.

It wouldn't have it wouldn't have been consistent with the 2001.

A portion of the property would not have allowed it.

So it was previously said, or it currently is to regional commercial and low density residential, the portion that touches a low residue low density residential is the cause for this request.

So they are coming down in intensity from regional commercial to community commercial.

Could could you guys this matters to at least to my analysis?

Could we see on a map, maybe just to clarify that point what we're talking about?

Do you yeah?

So what I think we want is the planning amendment site map.

Sounds like that.

That is it.

There you go.

Could you could you walk me through it?

So you can see the red section is regional commercial, and that is to support higher intense uh zoning districts, and the two little small sections at the ends is low density residential.

So they basically did a plan amendment for the entire property just to make it consistent to allow to support the C2, but to a radio's note that regional commercial item would permit much higher districts.

Very important.

Glad we figured that out.

Thank you very much.

All right.

Any further questions?

To my left, seeing none.

To my right, seeing none.

All right.

Commissioner Losef to you for discussion and potential motion.

Um okay.

Thank you both for the info and staff as well.

Um I saw this parcel, we talked about it, it looks funky.

It is funky, because look at it.

But I understand that it's at the edge of a DNO subdivision that's been developed.

Um I think in general it's interesting to hear the the neighborhood concerns, especially the note about the light pollution and just the existing kind of the um gas station, Whataburger, McDonald's light pollution, sound pollution issue.

It does seem like to address that, building something in that area would help, like anything.

Um and also you're putting a barrier between you, like the residents and the uh interstate.

So um this makes sense to me.

Um I yeah, I don't have any big concerns with this, and again, it's um the down zoning going to a less intensive use, which is good to see.

Um so I'm in a motion to approve this item.

All right, there is a motion for approval by Commissioner Lose.

Is there a second?

Second.

Second by Commissioner Kellum.

Uh discussion left?

Yes, Commissioner Duble.

I just briefly had the map and general plan designation come down differently.

I think it probably would have changed uh my position.

Reasonable investment backed expectations when a homeowner buys a home, whether or not they look at the general plan designations, they're on notice of the general plan designations.

So the argument from the neighborhood association that uh, you know, uh if the whole property was being, you know, asked to have a uh uh zoning that was inconsistent with the general plan or sorry, the the uh comprehensive plan designations when they you know as when they moved there, that would weigh very differently than in this case where it was primarily regional commercial.

Um so that's it for me.

So I'll be supporting the motion.

All right.

Any further discussion left?

Seeing none.

Discussion right?

Seeing none, I agree.

I agree with Commissioner Lose if the motion is for uh approval of item number four by Commissioner Lose with a second by Commissioner Kellum.

Roll call vote, please.

Commissioner Losef?

Yes.

Commissioner Kellum?

Yes.

Commissioner Inoza?

Yes.

Commissioner Pityes?

Yes.

Commissioner Huey.

Hi.

Commissioner Duable.

I Commissioner Winset.

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

I motion carries.

All right.

And again, we are a recommending bottles body, so you can talk to your council person and they'll take it to City Council next.

All right.

Thank you so much.

We're moving on to item number five, please.

Good afternoon, Alexa Rutana, zoning planner with development services.

Item number five is located at 1210 Caton Avenue, going from R4 residential single family district to R4 C D residential single family district with the conditional use for three dwelling units with all overlays staying the same.

There were 29 notices sent out, four in favor, ten opposed within two hundred feet.

Highland Park Neighborhood Association is opposed, and outside the 200 feet, there are six in favor and ten opposed.

The existing R4 is an appropriate zoning for the property and surrounding area.

The proposed R4 C D with the conditional use for three dwelling units is also appropriate.

The subject property and much of the surrounding area currently benefit from the beta R4 conversion, which permits a two-family duplex residence despite the single family zoning.

The development is to be contained in the existing structure, and the site has an improved alley to the rear, which can provide further buffering from the properties itself.

The CD conditional use would be bound to a site plan and deviation from the submitted document would potentially warrant additional public review and city council consideration.

The site plan indicates no future expansion beyond the existing building footprint and the presence of sufficient on-site parking for the additional density.

Staff recommends approval and the applicant is here to answer any questions.

All right, very good.

If we could have the applicant, please.

Yes, sir.

My name is Diego Rodriguez.

I'm the owner and I live at 135 Sunglow Avenue.

I did meet with the homeowners association last week, Tuesday, and we met and I wanted to say that all the discussions we had there, there they were opposed to the parking situation.

So all the discussions were only based on parking, and I repeated that there is sufficient parking on my property for on-site pro uh parking for all the residents there.

There's approval for two units.

I only need approval for that one more unit.

Um I'd like to say that um I don't know why they it seems like they see me as an adversary.

I see this this three-plex unit as an asset to the neighborhood.

I think that with the growth of San Antonio, I think that they need this middle housing, and it is in the corridor where it is needed.

There's a lot of like I've I brought up before, the social economic level of a lot of individuals today, a lot of people cannot afford a home.

So at the it does uh it does afford people uh the ability to to buy a home where whether it be um just people who can't afford a home, a home.

Now, the one thing that I wanted to say is while we were discussing this, uh Dr.

Inhosa was present there at the meeting, and the only thing that was discussed was parking, parking, parking.

Now this came up on the 28th.

On the 29th, I get a denial from um Aaron the Highland Park Neighborhood Association board president that says that the board has determined that the block of Caton currently exceeds a sustainable density of multifamily residences.

So I want to point out that a lot of the Highland Park Neighborhood Association members live on the 1200 block.

The block of Caton can starts from Hackberry and goes to Clark Avenue.

That's eight blocks.

So I don't know if they're talking about the density of their block or the density for the entire street of Caton.

So the only thing I requested was was there any supporting evidence or documentation to this exceeding sustainable density, either from the fire department, the police department, housing and urban development, zoning, any statistics that warrant that yes, this is indeed true, a density issue.

If it wasn't anyone can oppose anything and just say, hey, this is the willy-nilly deal, we think it's this and that.

So part of me d does believe that the Highland Park Neighborhood Association is overstepping some of their bounds because they're just I hate to say it, it practicing somewhat of NIMBY activism, right?

Not in my backyard.

Because the reality is I do believe it is an asset for the not only the street, the community, San Antonio as a whole, and that neighborhood also.

I did make how to say changes to my lease, and I said I would have any of my tenants make sure they park on site, not in the front of the of the street.

So there's ample parking.

I did inform them again that two of the entrances to the home are in the rear.

So I doubt very much so that anyone's gonna want to park in the front of the home in the street to walk all the way to the back to get into their home.

Most people always want to park near the entrance of their home.

The gentleman in the front has been parking in the front, and I have not told them to park in the back.

There hasn't been any need to.

So where do I go to say I want to say I don't agree with it?

Because I I'm I'm showing reason, logic, statistics, everything that warrants that this is probably a good suit for that neighborhood.

And all I'm getting is hearsay, feelings, and emotions.

So I'm not getting any statistical data that how'd you say supports that that decision.

I do have a picture of the place.

Uh one of the gentlemen, Mr.

Chris Via, said it might it might go black.

I'm not sure where you put that.

But that's that's the little place that can support it's gonna go black in a bit.

It can support a single person, uh a couple, or a small family.

It's basically a kitchen and uh a kitchen, another little room in the kitchen that you can't see, and then it has a large bedroom.

And then when in that bedroom, there's a door, the one on the very right bottom right, that door leads to a restroom.

That's the restroom that I had to uh raise the roof because the roof was so low that literally you you couldn't use the restroom appropriately unless you're a child.

So that restroom was raised or the ceiling was raised three feet.

So that's basically all I really have to say.

I mean, um I did have a little line I wanted to throw in there.

The Highland Park Neighborhood Association should base their decisions based on facts, evidence, and proof of statistics and not on hearsay feelings and emotions.

The city's population is forecast for much more growth in the coming years and warrants middle housing needs, and many families cannot afford to buy a home in today's socioeconomic times.

I'm not asking to put a bar, a 24-hour establishment, or a commercial business in my home.

I simply am asking for the approval in what amounts to one more unit which can serve a single person, a couple of small family.

I know my request is reasonable and just, and I hope the people who are seeing this, these emails agree.

So I send a few emails out, and um that's really uh all I have to say, not to see not to see me as uh adversary, but more as an asset.

I I'm a very respectful guy, I or man.

I do how to say look at the tenants that I'm gonna put in there.

I don't want to disrupt the neighborhood.

I don't want loud music.

I want basically everything they want.

The only thing is I'm doing it for my myself is quote unquote, my retirement plan.

So uh I mean I feel like I I have the right to liberty, freedom, and happiness just like everyone else.

I mean, I did make a pretty large investment as in this, and it's like we're just gonna oppose it.

So that's why I'm here.

Thank you, Mr.

Rodriguez.

Thank you, sir.

All right, public comment, please.

Yes.

First up we have Alfredo Paisano.

No one liked the Wheel of Fortune joke, so I'm not making it again.

Not Wheel of Fortune.

Sorry, price is right.

See, now I've even messed up the second joke.

Sorry.

Hello.

I am Alfredo Pisano.

I live at 1615 East Highland, and have been there for pretty much 30 years.

First of all, there's nothing wrong with a horse and carriage.

Nothing at all.

That's a good thing.

Because last time I was here, somebody said, well, property values do not go down when something like that happens.

When it gets rezoned.

On paper, they don't.

But had that been a different zone, I would have not bought that house.

I was looking for single family units, neighborhood.

And secondly, I really think that if you if he was to do that, if you pass this, would I be able to do that?

Would my neighbor be able to add turning him into a duplex?

Would I be able to do that?

I'm I'm asking you.

Sir, um we can address that during our discussion.

We can't do that.

But I mean if it's rezoned, you're not allowed to ask us questions.

So I'm I'm guessing that others would be able to do that.

Because it's already rezoned.

I will address that later and we can't.

Yeah, or only he would be able to do that.

Only so this is specific to that piece of property.

That's it.

There's a zoning effects how much?

Just one property at issue.

Okay.

So in my on my street, would that still be zoned the same?

Mr.

Psano, I'll I'll call you up and ask you some questions.

Okay.

But if you want to just use the rest of your time to address us, that's fine.

Pretty much this is it.

I I'm opposed to it, obviously, and there are others.

And it's not just uh because we don't like them.

It's because we don't want to change the integrity of the Highland Park.

And that's that's what we put our money into.

That's why I bought that house.

And I I don't want to see that rezoned.

Thank you, Mr.

Thank you.

That is your time.

Denise Martin.

Up next will be Rachel Roher.

Hi, I'm Denise Martin.

I live at 1211 Caton across the street from his place.

He's a nice guy.

He's a nice guy.

He can fix things.

He's a really great guy.

However, I feel like he's totally out of touch with what we want for our neighborhood.

Um we went within our board meeting on Tuesday.

Um he talked a lot about I'm sorry, this makes me really nervous, about how his children can't afford homes.

So he's buying some of these homes to give to his children.

That that's not our responsibility in the neighborhood.

And um.

And how he doesn't understand how one more rental unit will make a difference in our neighborhood.

How can one more rental unit make a difference?

Well, that's already two.

That's going to be three rental units right there on our street.

And we have that house.

We have three houses up for rent now that um two of the neighbors have moved out.

And when I bought my house here 18 years ago, I bought it through the city with a down payment assistance program.

People were committed to live in these inner city neighborhoods and not turn them into rental property, which I saw when I lived in Beacon Hill and when I lived in River Road, and when I lived in Mankey, not Maggie Park.

You didn't mess with Makey Park.

So we don't want this.

He has no idea what this neighborhood means to us.

He says he's not prostituting his homes, which is what he said the flippers do.

Well, I don't know.

He's doing it for profit.

He's renting them for money.

Isn't that that's the same thing to me?

Actually, it's worse.

So we don't want this.

We don't want this in our neighborhood.

What we've been able to cern from our board is he owns about 12 properties.

We don't know because he won't tell us.

So he's not a little humble man with a few pieces of property for his retirement.

Um I feel he's been deceptive.

My neighbor next to me.

Ms.

Martin, that's your time.

Thank you so much.

Rachel Rohr?

Followed by Eddie Rohr.

Um excuse me.

Um Highland Park Neighborhood Association president was here, but her baby got sick, so she had to leave, so she let me with the statement.

So can I read mine and hers also?

No, ma'am, just two minutes.

But if you would introduce yourself and tell us your address.

Okay.

Uh Rachel Rory, 1143 Caden, and I've lived there for over 30 years.

Many of my neighbors, like myself, have been in this community for decades.

We are deeply rooted here and care greatly about the character and stability of our neighborhood.

At the same time, we are seeing a positive shift with many young families moving in and investing in our community.

Our block already has three duplexes and one triplex.

As a result, as everyone has heard, parking has become limited, often often making it difficult for emergency vehicles to pass through.

We recently had a neighbor who suffered a stroke.

And unfortunately, a fire truck could not access our street.

They had to reroute to Clark and go two blocks over.

Many of our residents are seniors, and in an emergency, every minute is critical.

There are several homes and apartments for rent within the two-block radius of Mr.

Rodriguez's property.

Two are adjacent to him.

That's 214 Caton, 218 Caton, and then 535 Highlands, 607 East Highlands, 1211 Avent, and 1011 Avent.

All those are open for rent right now.

I understand the need for affordable housing.

However, our area is already experiencing the effects of increased density and it is beginning to feel overwhelmed.

Ms.

Mr.

Rodriguez's role is important in ensuring that the rental property does not negatively impact surrounding community.

Based on his meeting with our board and feedback from our neighbors, it is my impression that his primary focus is financial.

Several residents, particularly seniors, have felt unsettled by his aggressive approach when contacting them, raising concerns about whether he will be a responsible and respectful landlord.

We need property owners who are mindful and responsive to the needs of our neighbors to help maintain the quality and safety of our community.

I respectfully ask that the commission to consider the growing density and the negative impact on our neighborhood when making your decision.

Thank you.

Eddie Rohr.

I'll make this quick and brief as I can.

Sir, I'm sorry, your name and address first.

You just gave it.

Eddie Rohr.

I live at 1143 Caton.

If you'll look at the street there, it's only 27 feet.

By the time you get cars parked on both sides, it becomes impassable.

We have on the average of 18 to 15 cars during the day parked on that street.

EMS cannot come down through there.

We've had several incidents.

School buses will come up to the 1200 block and then they'll divert either to Rigsby or Highlands to get around it because it's impassable.

It's not going to get.

He says he has one rent around, which is actual, but he parked on the street facing the wrong way.

They don't go in the driveway because now you have to have a single car driveway, and you've got multiple cars in and out.

So it's going to be a real problem.

It makes it harder on the residents to even navigate the street out there.

I think it's a safety issue is more important than a person's profit sometimes.

You may not think about it, but when it's your loved ones, most of you are much, much younger than I am.

But when your parents or your young child needs help, an EMS gets halfway down the block, has to get out two officers and get the unit backed all the way down to Clark and then come down one of the side streets.

You're going to stop and think about yourself.

And that we're thinking about it now.

We have several individuals out there that are totally disabled veterans.

We have other people that need help during the day.

He will make a profit.

We put up with headaches.

We have more and more investors coming out doing this.

We've had similar ones.

Three.

Thank you.

Thank you, sir.

Aaron Reed.

I believe Ms.

Reed had to go take care of her baby.

Greg Ribbs.

My name is Greg Ripps, and I'm a resident of 211 Astor Street.

And I hope to address some of the things that other people haven't said.

But yes, parking is an important problem that we face.

You drive on Caton, and as he well described, you've got to look like a block ahead to see if there's another car coming, or you won't be able to get down the street.

And that's not the only street, of course, that suffers from that problem in Highland Park.

But we can't do anything about those that already exist there, but we can draw the line somewhere.

We feel it was incumbent upon him to argue for that change.

And for us, he did not substantiate making that change.

I appreciate the fact that he has uh modified his wording of his lease, and uh it does include uh that the uh residents of the units in the back uh park in the back, but the uh surface of that parking area is going to be Caliche, which is kind of a problem in itself.

This is not a personal issue, and we do really take it into serious consideration, but it is not a deprival of his rights, and he uh uh claims that any covenant would be an infringement on his rights.

The fact of the matter is is that we are simply not uh giving him a right that he is not at this time entitled to.

And if we don't continue to draw the line, there will be more and more requests.

Thank you.

Thank you, sir.

That is it for public comment.

All right, Mr.

Rodriguez, a rebuttal brief.

Three minutes.

I would like to just show these one picture one block away from my home.

Mr.

Rodriguez, but you can put up the pictures, but we can't hear you without the microphone.

All right, so that's one block away from my home.

So there's a lot of concern for my struct one extra car, what have you.

But in that how in according to the Census Bureau in the Highland Park Neighborhood Associations, there's 3,581 homes there.

Of those homes, there's there's uh two hundred two thousand five hundred and twenty which are one unit homes.

There are two hundred and seventy-six two-unit homes duplexes, there's a hundred and sixty-eight three or four-unit homes.

There's eighty-eight five to nine unit homes, ten to nineteen sixty-nine unit homes, twenty to forty-nine unit, 121 of 20 to 49 units, 22150 or more units.

And it says mobile homes 11.

So there's already a standard of so many multi-use, I mean multi-use, multi-family homes in that in that zone.

So, believe it or not, 40 point three per 40.3 percent of that neighborhood is already, how'd you say, rentals?

This is according to the Census Bureau.

So I understand they want to preserve, but at the same, by the same token, we're all gonna be moving on, and the city is dynamic.

There is a lot of movement in the city, and people do need a place to stay.

And like I said, that was one block away from my home.

And I understand their concern.

I get it.

I get it.

I really do, but I mean, and this for-profit thing, that doesn't talk about the guy I have in one place who has terminal cancer.

He's going to he can't pay his rent right now.

It doesn't, it I mean, they think everything is just lovely on the landlord side, not further thing from the truth.

I work, I've been working since I was 12 years old, nonstop.

Junior high, high school, call the whole nine yards, never stopped working.

I'm a worker guy.

I'm the one that goes out there and busts my butt every day.

I'm not this guy with the silver spoon.

I don't even know what a silver spoon was.

Anyway, thank you so much.

Thank you, Mr.

Rodriguez.

Um, just for the record, uh Commissioner Duval left about 355 and returned at 358.

Is that right?

That is correct.

All right, awesome.

Uh one thing I got right today.

All right.

Um, this is uh District 3 case, so Commissioner Hina Hosa to you for questions.

Thank you, Chair.

Question for for I guess staff.

How many other properties on Caden allow duplexes by right?

Because this is an older zoning area.

I know some are have issues.

I think we had another one on Hammond.

Do y'all uh would you all have that information?

So much of this area does benefit from that beta R4 conversion.

Um they would need to meet the requirements from our code to build that duplex, so they would need to have like a minimum um lot size of 6,000 square feet um meet those setbacks as well.

So we can't really tell you how many are acting in uh that capacity as a duplex, but much of the area could benefit from it.

Okay.

Uh and then uh if this was uh or if there was an NCD, a neighborhood uh conservatization district in this neighborhood, would that address detached units and density by right in this neighborhood?

It could answer on um a sorry detached buildings, uh, but mostly it pertains to design aspects, it could not regulate uses.

Okay, thank you.

Uh and how many, just for clarification, I think we asked this last time, but uh based on this uh how many on-site parking spaces are required for this uh zoning request?

A triplex.

It's 1.5 per uh unit, so times three would be 4.5 round up to five.

Am I making the math right?

Five and I believe that they're uh they've submitted six on the parking plan.

Gotcha.

And then a question for Mr.

Rodriguez?

Yes, sir.

So our metric, I know the one of the main concerns was was the parking issue.

Yes, sir.

That they brought up.

Uh one thing they hadn't gotten brought up was I know you're you're a tenant in the in the first, in the front area on the first floor.

Um you said he parks in the front, but so I'm assuming he parks in the driveway.

Yes.

Okay.

And the street, both.

The street and the driveway.

Uh and I bring that up because if he if he parks in the driveway and the residents who are in the back, how how do they get around?

Now he's gonna have to go to the back.

Okay, but that could be an issue.

No, because I don't think that that gentleman would want other people knocking on his door to move his vehicle.

So he's gonna be the one that's inconvenienced by having to park further away from his apartment.

Okay, okay.

And I got one other thing.

Uh uh, thank you, Mr.

Rodriguez.

Well, that wasn't.

No, I'm sorry, it times up.

Time's up.

Okay.

Okay.

And then a question for Ms.

Uh Roarette, there.

Yes, sir.

Uh and the question, what was because you live on what what street uh what uh address do you live on, Caden?

I'm sorry.

1143.

It's at the corner of Caton and Adele.

So he's across the street, three houses down.

And on on your block, are are you across the street from that uh the one that has a little sign on their on their house?

I think it says Highlands apartment or something.

Oh yeah, we're we're right across the street.

Right across the street from the okay.

Uh and I think I talked to your husband uh the other day.

Um what what do you see on in in that block?

I mean real quick, I mean just uh I have photos.

Uh it was recently sold, and there is a covenant on that on attached to the deed.

Uh as of right now, on the side they park they park on city property, there's three minivans.

There is just someone just moved upstairs to the um apartment above the garage.

So there's another vehicle.

There's a business truck and two business trucks.

So when they're not part, they're parked on city property or they're parked on our side of the street.

Uh sometimes they are parked in the street.

So very narrow.

Um Gotcha.

And and just for the record, just so no, and people uh can look on Google maps, but Highland Park is such a unique area, uh, old a neighborhood that right right in the front of the house we have the sidewalk, you have an additional grassy area that goes out to the curb, which is almost a car length in itself or car width uh on there.

Okay.

Okay, well thank you, Ms.

Roar.

Thank you.

That's all the question I have for now.

Uh Chair.

Thank you, Commissioner Hinojosa.

Any questions to my right?

Yes, Commissioner Pete Rodriguez.

Is there anyone here from the HOA or is someone speaking on behalf?

Can I ask you a question?

A board a board member?

Uh let me can you step up with the microphone.

Are there any other uh properties that are duplexes or triplexes on there is?

Uh right across the street from me.

Uh it's 1203, Caden.

That's uh triplex.

Uh the two I need to I don't have the addresses.

There's three other duplexes on that block.

Okay.

Now when they uh when they applied to get rezoned, where did you oppose them also?

Uh 1203, yes we did.

The other ones have been they've added on to the property, and so we never as a board received anything in reference to rezoning if they're doing it without a permit.

So we've also can I we've also uh opposed uh it's on Hammond.

As we get the rezoning notices, uh I take it upon myself to contact the neighbors around there to find out what it is because a lot of people get these forms and they just throw them away.

They don't follow through.

The car that's across the street from Mr.

Lodes' property, the red car, who who who owns that?

Red car?

Um uh I got it on uh Google Maps here.

Is there's a red car directly across the street?

1219.

It's a yeah.

They're they're parked on the street.

Yes.

Is there an issue with that vehicle?

Yes.

And um they have contacted the owner at 1223, and he says, hey, I'm legal, we're gonna park there.

Okay.

Is there any type of uh CCR that prevents homeowners from parking on the street?

No.

So then why would it be an issue for Mr.

Larias's tenant to park on the street?

Just more congestion, more more vehicles on there, uh, the safety issue.

So it's not Mr.

Rodriguez, it's all those vehicles that are parked there that are causing the the safety hazard.

This is a message uh or a question for staff.

If this was to get approved, is there any restrictions that could uh be put on to restrict uh a homeowner to park on the street?

That is not part of the zoning request.

No.

Thank you.

No further questions.

Thank you, Commissioner Pete Rodriguez.

Any questions to the right?

Questions to the left.

Commissioner Duval.

Uh to staff, could you clarify the um overlay that allows conversion to duplexes?

What what's it called?

What's the It's not exactly an overlay, it's just the base zone.

So when this area was originally zoned in 1935 when it was established, it was established as B, and that would permit two units.

And so during the conversion in 2001, they um changed them all to single family residential, but they knew that they allowed this exception, basically.

So again, if it's the original configuration, um it meets those size requirements that Alexa was stating and that it converts from that B to R4.

I'm sorry, original configuration?

It's the original configuration when the lots were developed.

It has not been subdivided since then.

I see.

So it's only grandfathering in the prior duplexes.

No.

So hold on, if I may.

Uh sorry, really quickly.

All right.

So B, when it was first as a zoning applied to the city.

These houses existed before then.

They were platted before them, all of that.

Right?

So in 1935, San Antonio instituted zoning, right?

Mm-hmm.

Okay.

And so that was the original B zoning.

When that was converted in what year?

2001.

2001, it became a B.

R4.

R4?

Okay.

So if the lot was the same size, if it was over 6,000 square feet, and it hadn't been subdivided, those were entitled to duplex by right.

And it doesn't even have to be an existing structure.

If it's an empty lot and it meets that criteria, then they would be permitted to build a duplex.

And uh if we could look like with a map of uh like a Google maps of Highland Park.

Is it the entirety of the neighborhood?

Is it only parts?

Is it a little bit more?

I we could not say, no.

Do we do we have any any sense if this block was in actually the whole neighborhood?

I mean again, it could it could vary.

You can see here from the map, most of this yellow is probably R4.

But again, we would have to look at the original configuration.

So if you see like a smaller lot that looks out of place or a larger lock that looks out of place, those are most likely not the original configuration and would not be um applicable.

So looking at the older maps, it appears that the majority of blocks in this area were previously B and went through this conversion.

So you know, give give me a sense of the odds that that this block, whether it is or not in that category previously B.

Just a guess.

I I'm just trying to whether or not it's in the original configuration.

If I'm looking at the block face from what are we looking at?

Five 1202.

But sorry, Mr.

Monte, did you have further I was just going to point out that a little sliver probably is not, but that's about it.

It does show up in the hangout.

I'm sorry.

There is a little sliver there.

My bad.

So 95 percent.

Okay.

Okay.

Uh now do we do we have any sense what percentage of lots so far have exercised that right.

No idea.

Yeah.

All right.

That's it.

Thank you.

All right.

Any further questions to the left?

All right.

Questions to the right?

Yes, Commissioner Pete Rodriguez.

Question for staff does Mr.

Rodriguez's property meet the requirements to build that third unit.

No.

The third isn't that what he's applying for for a third uh because it's already a duplex correct it's a three right he would be permitted a duplex right now but with the third unit no he needs to rezone.

But that's why he's here.

Correct.

Does his property meet the requirements for him to be able to do that.

We don't have requirements on doing a triplex.

Yeah.

All right any further questions to my right yes Commissioner Hinausa.

A question for staff real quick for future like what would be needed to migrate or stop the B to R4 by right zoning in this area.

Would it be like a UDC amendment?

It would be basically well U UDC amendment or rezoning the whole entire area.

And then just remind me because I I don't know that would be started by like a like request.

Yes that would have to go through city council because it's it's written in the code to be that way.

Okay.

Okay.

Okay.

And then uh okay that that's it for me for now.

Mr.

Chair?

Yes.

Commissioner uh Pete Rodriguez.

Fine.

One question though this is your third Mr.

Rodriguez uh I want to hear what he has to say.

Okay.

I just wanted to bring up one little quick point.

Uh the minimal lot size for a fourplex according to San Antonio zoning is four thousand square foot.

My lot is seven thousand five hundred square feet which leaves plenty of room for the parking so the minimum lot size according to zoning is for a fourplex is four thousand square foot.

Thank you.

It's not exactly for the fourplex it would be for the base zoning of the the base zoning districts and most likely an RM4 permits a fourplex and yes that would be 4,000 square feet.

Okay thank you thank you.

To my left questions Mr.

Pisano I said I would come back to you on whether or not people could build duplexes.

I think we've had three people ask about that and that's the B to R4 conversion we just talked about.

And so again looking at your property in particular it does look like presuming it hasn't changed you have 8,000 square feet you would be entitled as of right meaning without any interference from the city beyond sort of building codes and things like that.

But with respect to zoning you could have a duplex.

No sir you would have to come to zoning for that.

All right.

All right.

So I think I held up my word on that one.

All right.

No further questions the public hearing is closed.

Commissioner Hinahosa for discussion and potential motion.

Thank you Chair.

This is a this was a tough one but in my what what motion I'm going to make here is based on a couple of things.

Number one zoning goes with the property okay so whatever we change it now it's going to go until someone else changes it.

The the street the residence the neighborhood I I walked in multiple times and and talked to the neighbors because I feel that's very important.

There are different types of neighborhood associations.

So that's why I like to walk and talk to the neighbors here the data is showing me from from the within 200 feet and outside of 200 feet that overwhelmingly or a good percentage the neighbors just do not want this.

If you look at the map right here too I I think we see uh the excess uh on there I think Mr.

Rodriguez is probably a great law landlord because he's pretty strict I belie I I really believe in that.

However this neighborhood has gone through some changes uh you know in the 90s I mean these were old beautiful homes and in the 90s or maybe even the 80s they cut turned into triplexes and fourplexes and it changed the community and changed the neighborhood.

So that being said, the neighborhood association wants everything to be single family.

Don't give me wrong, that would be the best thing.

I want that from my neighborhood as well.

However, that's not going to happen.

But the neighborhood associate is pretty consistent where when somebody wants to do a triplex or a foreplex, they they they fight it.

And and they show up, uh, which is a great thing for for the neighborhood.

Now, my suggestion for Mr.

Rodriguez would be you own this house, join the neighborhood association.

Uh I think that's possible.

Uh, because he's he's owner within the neighborhood association.

So you can see what they want, what what they what they what they stand for.

Now both sides have been kind of you know back and forth.

Um a lot of people say, well, by right I have this, and and I mean it's not about it it's about finding a consensus living together as a neighbor.

So I would like to make a motion.

Uh again, based on on the neighbors alone and zoning going with the property and everything I've seen and compel.

Again, this is a hard decision, but I am going to make a motion for denial.

All right.

There is a motion for denial of item number five.

Is there a second?

Second.

Second by Commissioner Duval.

All right.

Discussion to my left.

Discussion?

Seeing none?

Discussion.

Sorry.

That was my right.

Discussion to my right.

Seeing none.

Discussion to my left.

Yes, Commissioner Duval.

Only that uh if the residents of Highland Park cared enough about the uh B to R4.

R4 conversion issue.

They should speak with the uh their council member about uh changing the UDC.

Um because I knew in if if that was the case in my neighborhood that you know my single family neighbor could could be converted into duplexes, I would want that changed.

Uh but with that I'll be supporting the motion.

Any further discussion to my left?

Yes, Commissioner Lose.

I'll just say there's a lot of slander against renters in this discussion.

I'm not targeting anyone, but I just want us to be a little bit careful about the assumption that single family is like the ideal neighborhood.

The city is growing.

We're supposed to have a million more people by 2040.

We need more housing in the middle, we need duplexes and triplexes.

I understand the concerns.

Um I'm not going to support the motion.

I think this is a great project.

I am almost always going to support more housing options, especially at different price points.

I don't think there's anything wrong with renters.

Um very biased because I am a renter.

I actually rent in Minke Park.

But I just want to say that the city is growing, and this is the type of housing that's ship specifically highlighted and requested.

So I will not be supporting the motion.

All right.

Any further discussion?

Okay.

Last word by me.

Um I would not recommend the UDC.

I would talk to Chris over here and go for a CCR for a large area rezoning.

Um there are some reasons that I'm not acting as a lawyer, so I'm not going to tell you.

Um but talk to Chris about a large area rezoning if you want to limit the duplexes as of right.

All right.

Uh secondly, I'm going to uh join Commissioner Losef in opposing this motion.

Again, I don't see the additional unit in this specific case as an issue.

I too am a renter uh in neighboring Roosevelt Park.

Um, but you know, in this case, I think given the parking available, uh, I'm going to uh oppose the motion for denial.

Um but that's it.

Also talk to Chris about potentially putting in some parking restrictions on your streets to make sure that we don't have parking on both sides.

So that's gonna be a tough road to hope, but good luck.

All right.

The motion is for denial by Commissioner Hinohoso with a second by Commissioner Duval of item number five.

Roll call vote, please.

Commissioner Nohosa.

Yes.

Commissioner Duval.

Aye.

Commissioner Callum?

No.

Commissioner Losa?

No.

Commissioner Pete Rodriguez.

No.

Commissioner Huey.

No.

Commissioner Woodsett.

Yes.

Commissioner Pana?

Yes.

Chair Bustamante.

It doesn't matter how I vote.

No.

No.

Sorry.

Motion fails.

Uh motion would have failed either way.

All right.

The floor is now open for a motion for reconsideration.

By someone who voted no.

I make a motion for reconsideration.

Okay.

Second.

Commissioner Pete Rodriguez has made a motion for reconsideration.

Uh seconded by Commissioner Kellum.

Uh discussion to my right.

To my left.

Seeing none.

Motion is for reconsideration.

Roll call vote, please.

Commissioner Pete Rodriguez?

Yes.

Commissioner Kellum?

Yes.

Commissioner Losef?

Yes.

Commissioner I know Hossa?

No.

Commissioner Duval.

No.

Commissioner Woodsa.

Yes.

Commissioner Pana?

No.

Chair Bustamante?

No.

We need Commissioner Huey.

Commissioner Huey.

Yes.

Chair Bustamante.

Yes.

Aye.

Aye.

So it it it succeeds.

Motion carries.

Yeah.

Okay.

So now the floor is open for an alternate motion.

I would like to make a motion for a continuance.

Okay.

There is a motion for continuance.

Is there a second?

Looking left?

Second.

Commissioner Duval, motion for continuance second.

Discussion.

Continuance to when.

Oh sorry.

Good.

Good point.

I don't know.

Two weeks or four weeks.

Or let's do four.

Four weeks.

The motion is for a continuance to June 2nd.

Commissioner Duval, does your second remain?

Can I ask a point of order?

Go ahead.

The rule about uh number of continuances.

You know pushing it to council.

What what what is that rule?

Once you hit your second continuance, yes, he could proceed to city council, but it would be with a recommendation of denial.

I see.

But it it's not that it has to go to council, it's that he may go to council.

He may have to go to council, yes.

So Mr.

Rodriguez, you will have the if this motion succeeds, you will have the option of saying forget zoning commission.

I'm going to city council with a deemed recommendation of denial, if this motion passes.

But nonetheless, the motion is for a continuance to June 2nd by Commissioner Hinahosa.

Is this does a second remain, Commissioner Duval?

Okay.

With a second by Commissioner Duval.

Uh discussion left.

Seeing none.

Discussion right.

Yes, Commissioner.

J I just want to make a point that uh for the for the neighborhood and and Mr.

Rodriguez, this would be obviously probably the last continuance, but we need to come together and we both sides need to come to some agreement.

We're not gonna like it, but in order to move forward and for for the neighborhood, I think we we need to bend for both of us.

Okay.

All right.

Uh any further discussion right?

Yes, Commissioner Pete Rodriguez.

Uh this is the second time that uh he's been here.

Um I really don't think that uh coming back in two weeks or four weeks is gonna make a a difference.

I think we should uh make a recommendation for approval and so that he can move forward and let City Council decide what they want to do.

Okay.

All right, yes, Commissioner Huey.

Yeah, I'm not gonna support the motion.

I believe uh Commissioner Rodriguez has the correct uh point on this.

All right.

Left discussion?

Yes, Commissioner Duval.

Uh if if the outcome ends up being that there's uh a compromise that can be reached, I think that puts even the applicant in the better position going into the council meeting.

Um I'd urge the Commission to vote in favor of the motion for the continuance.

All right.

Any further discussion left?

Seeing none.