All right.

Good afternoon, ladies and gentlemen.

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

All right.

Thank you so much.

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 1 02 p.m.

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.

Thank you, Chair.

My name is Rob Sipes, and I represent District 7.

Hello, Chair.

My name is John Kelly.

I represent District 8.

Danny Kellum, District 1.

John Witsit, District 10.

Moses Duvel, District 9, and go Spurs go.

I'm Mia Losef, District 2.

Go as far as go.

George Inohosa, District 3.

ADP Rodis, District 4.

Moshgan Pano, Mayor's appointee.

Alright, staff, do we have a quorum?

Yes, the quorum is present.

All right.

Okay.

So since we do have a lot of spurs span here today, I would ask that you keep your comments somewhat limited so we're not here during the game tomorrow.

Um right.

I'm kidding.

You're going to be limited anyway.

Um right.

Uh would everyone please stand for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

Forrest, are you ready?

Okay.

Uh before we begin our hearing, I would like staff to review our 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 have six months from the date of the commission recommending 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 includes a map that shows the areas to be considered for rezoning and property within 200 feet of the subject property.

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

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

For those signed up to speak for the city, for those signed up to speak for and again or against the proposed rezoning, you will be called in the order that you are signed up to speak.

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

You will be informed that the two minutes are up.

For those that would like to give their time to a speaker, that speaker will be allowed a maximum of six minutes, giving their time uh for a total of nine six minutes.

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

And please announce that uh the speakers go when you're going to the podium that you're yielding your time.

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

Thank you, Chair.

All right, thank you so much.

And I just want to repeat this because it bears repeating.

Um, today each individual will have two minutes, uh, but other people can give you their time for a total of six minutes.

Two other people can give you their time.

That being said, if you want to use someone else's time or you want to give your time to someone, you have to do that before that person begins to speak.

Okay.

So if you want to give your time and someone's walking up and you know you want to give them your time, jump up and I will call on you and ask your name and say, Do you want to give your time?

All right.

Very good.

I might repeat it again.

All right, staff, do we have any withdrawn or postponed items?

We do not.

Alright, very good.

Uh, can you read the items currently on combined hearing number one, the consent agenda, please?

Items we have on consent are items 10, 12, 13, and 14.

All right, very good.

Commissioners, does anyone want to pull any of those items from the consent agenda?

Looking left, seeing none.

Looking right, seeing none.

Staff, if we could please read those items into the record, please.

Item number 10 is a request for a change in zoning from R5 to R5 CD with a conditional use for three dwelling units with all overlays to remain the same.

Located at 811 Hortensia Street.

44 notices were mailed, zero in favor, zero posed, no registered neighborhood association within 200 feet.

Item number 12 is a request for a change in zoning from C3NA to C2 with all overlays to remain the same.

Located at 3423 Pleasanton Road, 24 notices were mailed, zero in favor, zero opposed.

Harlowdale McCollum Neighborhood Association takes no position.

Item number 13 is a request for a change in zoning from R6 to R6 CD with a conditional use for two dwelling units with all overlays to remain the same.

Located at 609 Ripley Avenue, 26 notices were mailed, zero in favor, zero opposed.

Alta Vista Neighborhood Association in San Antonio, Texas, District 1 resident association gave no response.

Item number 14 is a request for a change in zoning from I1 to C3 with all overlays to remain the same.

Located at 1798 Austin Highway, 13 notices mailed, zero in favor, zero opposed, and there's no registered neighborhood association within 200 feet, and there is no public comment on those four items.

Fantastic.

You didn't even give me the opportunity to forget to ask for public comment.

All right, the floor is now open for a motion.

Mr.

Chair.

Yes, Commissioner Huey.

Move to approve the following items.

Item number 10, 12, 13, and 14.

All right, is there a second?

I second.

All right, second by Commissioner Pana.

Uh any discussion?

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

Roll call vote, please.

Commissioner Huey.

Aye.

Commissioner Pana?

Yes.

Commissioner Kellum?

Yes.

Commissioner Losa.

Yes.

Commissioner Inoza?

Yes.

Commissioner Pete Rodriguez?

Yes.

Commissioner Sipes?

Yes.

Commissioner Kelly?

Yes.

Commissioner Duval?

Aye.

Commissioner Woodsett?

Yes.

Chair Bustamante?

I.

Motion carries.

Alright, very good.

If you are here for any of those items, you can go on and enjoy this beautiful day.

Those items are going to be sent to City Council with a recommendation of approval.

And we're going to move on.

Our next uh, sorry, and the time is 1 10 and Commissioner Kellum has left the hearing.

Um we're gonna move on now to our second uh combined hearing docket, and that's a continuance hearing to June 16th, 2026.

Uh the only item that we have on the continuance docket is um item 11.

And three was uh so items three and eleven were moved to the uh June 16th meeting.

Yes, thank you so much.

Alright, is there any public comment on those items?

No public comment.

Alright, very good.

Um, the floor is now open for a motion, Mr.

Chair.

I'll move to uh continue items three and eleven to the June 16th hearing.

All right, is there a second?

I'll second it.

Uh, gonna go with Pete Rodriguez.

Sorry, Commissioner Woodson.

All right.

Um, the motion is for uh items three and eleven to be continued to the June 16th, 2026 meeting by Commissioner Duble with the second by Commissioner Pete Rodriguez.

And uh any discussion?

I am sorry, there are two people signed up for 11.

I apologize.

All right, very good.

We are going to hold that motion at this point.

It is still pending, but we will hear public comment at this point.

Uh first I have Miss Sylvia Elaines for item 11.

Okay, and Sandra Cook is giving her time to Miss Elaine.

Gotcha.

Thank you.

Thank you.

Uh ma'am, you if you would state your name for the record and your address, and you will have four minutes.

Alanis was very close to Elaine.

Okay.

Sylvia Alanis, Eastgate Neighborhood Association, 830 Studs Drive.

Okay.

That's ma'am.

All right.

Uh I'm here with this case.

Uh I'm opposing this case because there are trucking on a C31A.

It's not regular trucks.

It's 18 wheelers.

And no regular trucks on a C31A, but uh he was given some time permission to stay there with a special S.

But now he wants to expand and we'll have more 18 wheelers.

I know a little bit about the planning because I was here helping with this books.

We spent a lot of time in 2008 away from our lives.

Um to go help the city with the with the planning.

And so I know a little bit of that.

I would like our access road to stay a C3NA.

I don't see it with this, and then expanding more.

There's more.

What is the 18 wheelers now?

It was back then an I1 or L1, but now our access road, and then they come into our neighborhood.

And we have a small neighborhood, very small.

We just got a 20 million dollar project from the bond because we don't have no drainage, and then we have these 18 wheelers because they're fixing the 10 and the 410, and then they have on a standstill, and then I'm not saying that his business is coming in.

I have no proof, but 18 wheelers do come and try to come in our neighborhood.

Our streets are not for that.

So I'm opposing to this case.

Thank you.

Thank you so much, Ms.

Alanis.

Uh, and so you understand that the motion right now is for a continuance to the next hearing, which is June 16th.

But your comments will be recorded now.

Thank you, and Commissioner Losef, I'm sure uh we'll take note of those and possibly reach out to you.

Okay.

All right.

Thank you.

All right, thank you so much.

All right, any further public comment?

That should be it.

Okay, I've noticed some people walking in.

If you intend to speak, I would run over to that front table right now and sign up and make sure your name's on that list.

Um, so if you have walked in and you want to speak recently, go over there and check in.

All right, any uh discussion to my left?

Seeing none, discussion to my right, seeing none.

The motion is for a continuance for items number three and eleven to June 16th, 2020.

Oh, yes, Commissioner Lose.

I'm sorry.

I have a question.

Can I pull that to individual?

You can pull that to individual.

Okay, and then sorry.

Actually, at this point, you cannot just pull it.

Uh you can make a friendly amendment to remove it to uh Commissioner Duble.

Okay, okay, and Commissioner Duval indicates assent to accepting that.

Alright.

The second is Commissioner Pete Rodriguez.

Do you accept that friendly amendment?

Yes.

All right, very good.

The motion as it stands now is for item number three to uh be continued to the June 16th, 2026 meeting by Commissioner Duble, second by Commissioner Pete Rodriguez.

Roll call vote.

Commissioner Duble?

Aye.

Commissioner Pete Rodriguez?

Yes, Commissioner Losa.

Yes.

Commissioner Inohosa?

Yes.

Commissioner Huey.

Aye.

Commissioner Saibs?

Yes.

Commissioner Kelly?

Yes.

Commissioner Witza.

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

Aye.

Motion carries.

All right, very good.

Our next uh hearing is a continuance hearing to July 7th for item number 15.

Give me one second, please.

Of course.

Oh, sorry, Miss Alanis, you might want to stay.

She just said that we're going to hear it again.

Okay.

So we're going to hear that individually today.

Sorry, thank you, Miss Alanese.

All right.

Uh this is just a continuance on item 15.

Correct?

You were saying you wanted the full presentation.

Oh, I did.

I did forget I said that.

Yes, please.

I wish I could change my mind.

Yes, it is.

No, sorry, 15 is on the continuance docket to July 5th, but we are having a full presentation.

So if the staff could please read uh the item into the record, the applicant will have the opportunity and then we'll hear public comment.

Okay.

Good afternoon.

Alexa Ratana, zoning planner with development services.

Item number 15 is looking at 2635 Woodbury Drive in 1903, 1907, 1911, 1915, Pape Farms Lane, going from R6 residential single family district to R6 C D residential single family district with the conditional use for four dwelling units on lot one block two NCB 12102 and R6 C D residential single family district with a conditional use for two dwelling units on each lot on lots two through five block two NCB 12102 with all overlays staying the same.

There were 27 notices sent out, zero in favor, ten opposed within 200 feet, no registered neighborhood association within 200 feet, and outside the 200 feet, there are three opposed.

The existing R6 residential single family district is an appropriate zoning for the property and surrounding area.4250 acre lot intended to accommodate two duplexes and three 0.138 acre lots and one point one six two-acre lot intended to accommodate a duplex on each of the respective lots.

The proposed density is consistent with the existing character of the neighborhood, which is currently occupied by a mix of single family and multifamily developments.

Building aspects such as building size and impervious coverage will be held to a submitted site plan and expansion beyond the prescribed document would warrant additional council consideration.

The project also meets the city's goals of the strategic housing implementation plan by providing a range of housing options at various income levels.

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

Alright, very good.

If we could have the applicant, please.

After COSA reviewed it, they recommended a condition of use.

From there, we've been working with uh District 10, zoning and liaison, makes a wick wire, through just you know, making sure that you know we communicated with the with the right uh people.

Uh this neighborhood doesn't have a uh certified uh a registered neighbor association.

So she recommended we put like an inform an informational bulletin, which we did, and we um we went in personally uh printed and I personally went and knocked on you know many of the doors within the 200 uh notification line.

Spoke to a couple of people um before the city of San Antonio actually sent their uh you know notification itself.

Um we got uh we uh yesterday afternoon is when um we got notified that there was some opposition.

So we're more than happy to do the continuance, but for now, um I'll quickly kind of go through it.

Um here's uh the property in red in the run boundary is uh the subject track.

As I said, it's already divided into five lots.

Um the four lots facing paid farms uh will uh are being proposed for one duplex each, and the uh one facing Woodbury, uh 2635 is where we're proposing to.

Um the I the lots in red uh the the lots that have the red dot are actually duplicses right here, um currently non-conforming, uh but they're all these are renters.

I spoke to many of them as well and dropped off actually notifications, and then this right here is a multifamily project, again, non-conforming.

It actually has I think six or eight units with a parking lot up front.

There's uh an additional um, you know, I think it's like a triplex right here, uh, you know, another multi-family and all and then an apartment complex in here.

We believe the duplex is a great transition from the multi-family to the uh larger lots.

Um I also told that there is an actual a brand new duplex that was built right here, something like that.

Um next slide, please.

So that uh this is a lot.

This home does not exist.

It it unfortunately um burned down in uh 2022.

So this the site actually sits vacant uh uh as of right now.

Um just is a view from the intersection.

You see, uh vacant.

There's still some some posts from the um from the previous homes.

Um this is a recorded plat.

Um the plot was recorded back in November of last year.

Um we have the the four lots here and the larger lot uh facing Woodbury.

Next slide, please.

Uh, this is our proposed um render.

Uh we uh, you know, it basically says, you know, it's one acre, um, five five lots, uh 12 units, and the uh you know the resident parking will have one car garage with an additional driveway parking, so you know, to meet the the city code on that.

Um, you know, we have our our R6 um R6 or four um setbacks required.

So we you know we make sure our our site plan um our site plan respected those um setbacks communicated by the city.

This is just some quick you know front elevation renderings again.

These will these are one car garage um duplex, each around 13 1,300 square feet.

Um that you know that gives us an opportunity to lease these homes to um uh people in the you know neighborhood that are looking to either you know move in or you know uh or buy a home in the future.

I think this is a great and you know a good way for for them to be introduced to the neighborhood.

It's a beautiful neighborhood.

Um you know, and currently there's uh there's not a lot of um options for a lot of people to buy uh but you know I think you know something like this, something that's you know newly built, um uh is it's very attractive to uh to people.

This is a zoning site plan that we put together um uh for the city.

This I believe will be uh recorded with the uh conditional use um if it's successful.

Uh and anything that it's I guess 10% plus or minus change would have to go back and have any changes.

So even like the orientation of of these homes, right?

If we want to change in the future, we would have to go back to uh staff and get that change.

So, you know, again, you know, I do want to point out that yes, these are um uh for rent.

Uh we are we we personally develop build and property manage these in San Antonio.

So we have a variety, you know, we have many uh duplexes in town that we lease.

Uh we have a very good vetting process, and a lot of it we do in-house.

Um, and you know, more than happy to provide addresses to uh our neighbors uh to go and visit it.

Thank you.

Thank you.

All right, do we have any public comment?

We do.

We have a Miss Ruth Ann Ventura, Miss Ventura.

If you would say your name and your address when you get up here.

Then I've got copies.

Let me get some copies real quick.

Um my name is Ruth Ann Ventura.

I actually live at 2626 Whitbury, which is directly Caddy corner to this property.

Um I'd like to clarify a few things that the gentleman said from Men of Development.

The construction of the homes that are the duplexes around our area are all single story uh duplexes, they are not multi-story duplexes.

The apartment complex across the street is also single, and they've been there many many years, even before I bought my property there, and I've paid off my property, so they've been there quite a while.

The uh the area around the development that's being proposed, it's generally all single families.

We all have uh the majority of us have very large properties, and we actually have a historic property that's sitting right next to the development.

The I don't know if you guys are aware or your donors are aware of the Papa's found the Papa's Farm homestead.

It is actually on the conservation society list as historic ranch and farm developments.

It that was submitted in the packet that we actually uh sent in to them.

It actually had recognition from the city council to change the name from Van Buren to Papa's farm uh lane due to the historical significance of that property that sits right next door.

There is also that we know of within the 200 foot zone, there is two capped wells, and there is one active well being used by the family that is right next door at Papa's found um foundation.

The gentleman who owns that was not able to be here today because of existing commitments outside of town, and he is very much opposed to it.

We have a lot of history in our neighborhood.

We don't have a family association because we don't want one.

I'm sorry, that's your time.

I'm sorry, that's your time.

Oh, sorry, didn't know I had a time limit.

I'm sorry.

Uh today the time limit was two minutes, and if people wanted to give you their time, they could have signed up and given you their time, but that did not occur.

And I believe the two people next to you, I specifically asked if they wanted to sign up.

They thought they had to speak.

They're they're very uh very good.

Well, but if you look at uh ma'am, that's your time.

I'm sorry, but thank you.

And that's it for the folks signed in to speak on this item.

All right, uh applicant brief rebuttal.

You don't have to take it.

I um do I have to say my name again?

What do I have to say my name again?

You do not.

Okay.

Um, I just want to say um uh I I did speak to um D 10, and uh uh we accept the continuance and we'll continue to work with the neighborhood um as much as we can and hopefully we can come to a resolution in 30 days.

I would suggest that you reach out specifically right now to those three people.

Yes, ma'am.

Yes, sir.

I mean, I didn't have this.

I doesn't matter what you call me.

Um, all right.

Uh this is a district 10 case.

Uh do you want to ask any questions or you want to go straight to a motion?

I'll go straight to a motion.

Uh and uh let you all spend the next 30 days working it out, and uh as Samantha said she would set up something at Mark White's office uh to have everybody come in and talk about it.

So my motion is to move this to I think what is the date, July 7th, uh for a continuance.

Okay.

There's a motion for a continuance to July 7th for item number 15.

Is there a second?

Second.

Second by Commissioner Duval.

Discussion looking left.

Hearing none.

Discussion looking right, seeing none.

Uh motion is for a continuance of item number 15 to July 7th.

Uh, for uh by Commissioner Woodsett with a second by Commissioner Duval.

Roll call vote, please.

Commissioner Witset.

Yes.

Commissioner Duval.

Aye.

Commissioner Losa.

Yes.

Commissioner Inoza?

Yes.

Commissioner Pete Rodriguez.

Yes.

Commissioner Huey.

Aye.

Commissioner Sypes.

Yes.

Commissioner Kelly.

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

I.

Motion carries.

All right, very good.

Ladies and gentlemen, you'll be able to address the commission again on July 7th.

Um, and good luck.

All right.

We'll see you then.

Okay.

Uh we are now moving on to our individual hearing items.

We're going to begin with item number one.

Good afternoon, Commissioners.

My name is Forrest Wilson, Principal Planner with Development Services.

Item number one is located at 15511 Oak Grove.

Is a request from R6 residential single family district to R20 CD residential single family district with a conditional use for food service establishment with all overlays remaining the same.

18 notices were mailed, zero received in favor, four opposed.

Hills and Dales Neighborhood Association is opposed.

Outside 200 feet, there was zero received in favor, and nine received opposed.

The subject property is situated at the entrance of an established R6 residential neighborhood.

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

Furthermore, the integrity of the city's development process relies on consistent adherence to the unified development code, and the subject property has established a documented pattern of noncompliance, including a multiple permit and zoning violations dating back to 2021.

Uh the history uh of disregard for standard zoning for development procedures suggests that the requested use may have difficulty integrating into the existing neighborhood without compromising the safety and welfare of the surrounding residents.

Staff recommends denial and the applicant is present.

Very good.

If we could have the applicant, please.

And sir.

Did we need SAWs again?

Oh, do we have Oh, this is a RCT.

I'm sorry.

We're gonna have the SARS report first.

We're starting the new regime.

But we're still gonna expect you in these cases where there's a denial.

Okay.

Allowing for a food service establishment.

The site contains an existing residential house built in 1966 on a point five three acre lot.

The property is classified as category two.

The proposed zoning change will allow a rest well a food service establishment to occupy the existing house.

Therefore, no increase to the existing prairie's cover.

Uh no portion of the site is in a floodplain.

And no sense of geologic features were observed on site.

Uh we recommend approving all environmental recommendations within the SALS report to include no increase to the existing 60% in priorities cover.

And the Greece trap should be service monthly.

All right, very good.

Now the applicant, I'm sorry about that.

And I know this is your second time here, but if you would, your name and your address for the record.

My name is Rabba Ital Sha'ul, and the address is 15511 Oak Grove Drive, San Antonio, Texas, and Zip Code is 78255.

So if you would tell us about the project.

And you can keep it as short as you want, because we know you've been here before.

I'm in touch with Commissioner Kelly, and I think there is uh a statement that uh was supposed to be made, so I guess I'll keep it short.

All right.

Alright, thank you, Rabbi.

All right.

Do we have any public comment?

We do.

We have a few people signed up for item one.

So I'll go starting.

Um first we have Mr.

Howard Henman.

And he is to be followed by Karen Hort Hardam.

Hardam, sorry.

Mr.

Henman, before you do you want to give your time?

All right.

And what is your name, Matt?

All right.

So Miss Uh I'm gonna say Karen, I'm sorry, I couldn't quite catch her last name.

Karen is giving her two minutes, Tim, two minutes.

Okay.

That's gonna be four minutes for you, Mr.

Henman.

All right.

And just a reminder, which I was getting ready to do anyway.

Uh, if you want to give your time, do it before someone gets up here.

So thank you, Karen.

All right, four minutes, sir.

Okay, good afternoon.

Uh my name's Howard Henman.

I live at 7531 Hummingbird Hill Lane in Hills and Dells neighborhood.

I'm also a member of the Hills and Dells Neighborhood Association Board, and we have already submitted our opposition to this, and I fully support that.

Uh I'm a disabled American veteran.

My dad served 21 years, Korean era war veteran.

My brother died as a result of the Vietnam War, and my wife is a nurse practitioner at Audi Murphy VA hospital.

Um, so we have kind of a strong thing of supporting vets.

We have a lot of veterans in our in our neighborhood, by the way.

Um I'm also a former restaurant owner, and I understand what a lawful restaurant requires, including certificates of occupancy, health permitting inspections, food handling safety, wastewater control, grease control, parking deliveries, trash, and uh fire code compliance.

Uh this is why I ask you to follow your staff's recommendation to deny this request.

It's not merely an R6 to R20.

Uh, it's really about them establishing a food service establishment.

And this is not theoretical.

The records show that they've already been running this for at least two years.

Um there have been um there were three inspections in 2024 by the Metro Health Department.

That's in a packet.

I've also submitted an evidentiary packet, by the way, also with case law in it.

Um, and during those three inspections, uh they were found to be running a restaurant, a public restaurant.

Uh they have a website up uh where they sell food uh via the web.

And uh they have promised to take that down.

It's not been taken down, it's still active.

And the Metro Health Department ordered them to stop selling food and to uh get in compliance, get permits, proper certificate of occupancy.

That has not taken place yet.

Uh Mr.

Shaw, who was just up here, Rabbi Shaw, uh, has done business under the entity name Smoke to Live and Later Smoke to Live 2012 because the state of Texas shut down Smoke to Live voluntarily.

Um, he operates vape shop.

Uh, that vape shop has been warned by the FDA, that's in my packet, by the way, for selling uh mislabeling and selling tobacco products to minors.

He's been arrested for criminal mischief in our neighborhood for trespassing on a neighbor's property and cutting down approximately 50 trees.

Uh they own 52 properties around the area that they have Airbnb'd, including at least five in our neighborhood.

One of those is next door to me, and we had approximately a hundred to two hundred people there on May 15th for a rave.

The police had to come.

There was a fight in our street in front of our house.

Uh they were cited for alcohol violations.

We've had this problem with this property for the two years uh that they've owned this property.

Um the lady sitting next to me who gave her time, Karen.

Uh, she has a similar property across from her, and they've been having similar kinds of issues.

Uh, on the property next to us, the San Antonio Police Department have 35 incidents reported in a two-year period.

Um, reason I'm bringing this up is not to necessarily impeach Mr.

Shao, but what we have here, and again, I have all these evidentiary items in the packet that I've submitted.

Um, and by the way, their sign, the rezoning sign has been laying flat on the ground face down for the last several days, by the way, and I have pictures of that as well in my evidentiary packet.

But they've not complied at federal level, state levels, local levels, and they've caused a lot of disruption in our neighborhood, unfortunately, and they've been running this business.

So this is kind of a don't ask for permission, ask for forgiveness and trust us type of situation.

And I think that your staff has made the appropriate recommendation to deny this.

Thank you, Mr.

Henman.

Thank you.

Next we have Miss Maureen Moulton to be followed by Mr.

Mark Kincaid.

Yes.

Okay.

Mark and Kate is giving his time to Miss Moulton.

And Connor Moulton is giving his time to Miss Moulton too.

I just had a question because we we had two Connor Moultons.

So are there two?

Just one?

Okay, thank you.

Or it's your evil twin, Connor.

Your evil identically named twin.

Sorry, okay.

So you, Miss Moulton, I'm sorry, you will have six minutes.

If you would introduce yourself and tell us your address and then give us your thoughts.

I'm not going to read because I get nervous here.

Listen, can you hear me?

Yes, ma'am.

Okay.

My name is Maureen Moulton.

I live at 1553 Oak Grove.

Okay.

Again, my name is Maureen Moulton.

I've lived in this neighborhood since 1969.

Um I don't feel like this is a religious or opposition to the Jewish community.

I've lived in this neighborhood for a very long time, and I've never made any complaints about the parking or anything else.

But Hills and Dales has a voluntary HOA, meaning we rely heavily on the city's zoning protections because we do not have enforcement authority within our we don't have a mandatory HOA.

That's why the role of the commission is so important to our neighborhoods.

The neighborhood response has been overwhelming against the rezoning.

The property is already publicly advertised as yummy kosher grill with dying-in takeout delivery services available to the general public.

This demonstrates that the commercial restaurant activity has already been occurring in the residential area for years.

The neighbors regularly experience parking congestion, delivery vehicles, blocking traffic, overflow, event parking, noise, and reduced roadway access for emergency vehicles.

Regardless of the outcome, these concerns add to the larger issue of years of ongoing noncompliance.

Approving this would uh reward years of noncompliance and create a dangerous precedent.

I also feel like this is pitting neighbor against neighbor, and that's not what we want.

Um this is a synagogue, and we've always welcomed them openly in the neighborhood.

And we're just saying that a conditional use or a rezoning.

If you're running a synagogue, you don't need that.

It it's you can go anywhere, right?

As a resid as a church of some sort.

So why are they given a conditional use when the permitting and other options um the city is asking them to do it so they can continue the use that has been restricted?

Thank you.

I didn't meet on that time.

Next.

Next, we have uh Jay Salazar.

My name is Juan Salazar.

I live at 7315 Green Glen Drive.

I am the furthest to the left property on that map there.

My entire property is within 200 feet of the corner of the synagogue.

Now, I have no issue that there's a synagogue at this corner.

That's not the issue.

The issue is that it now has to be determined to be a commercial property, which I must disagree to, and considering the rest of the neighbors who have no voice since they are not within 200 feet of the property, um, the consist the consortium, most everyone agrees that this should not be a commercial property, regardless of whatever or whoever owns it or what's going on there.

And the reason that it's all residential, it has been and should continue to be simply residential.

Now, if they want to start a business, this isn't the corner that it should happen at, at least not within 200 feet, 100 feet of my property, or if you will, if you are considering giving whoever owns this property the right to have it as commercial, then I would need to find out how I can turn my property into a parking lot and turn it into valet parking for whoever owns the property.

So that said, I would have to s express heartfelt uh anxiety that I have to say no, but I would have to decline.

Thank you, Mr.

Salazar.

One quick point.

Uh even if you don't live within 200 feet, we still register your opposition, we still take into account, and you can still speak to this commissioner.

All right, thank you.

Next.

Next we have Mr.

Paul Totsenka.

And he is to be followed by John Marshall.

John Marshall, thank you, Mr.

Marshall.

Paul will have four minutes.

Um I've already spoken uh at at the previous hearing, and I I wanted to stress that um I am I am I am very much opposed.

Uh this is a uh I'm not opposed to this being a synagogue.

Um I'm I'm opposed to the use of of the property as I have observed it uh from a from a very close proximity.

Um since the property um was purchased in 2019, I've lived at uh at my house for over 21 years.

Um the since the property was was purchased, it uh among other things.

It it has been used as um as uh as a party area.

The community is is invited, uh and there are it's it's a small house, if you can imagine 50 or more people could not fit inside the house.

The only area for entertainment is the backyard, which happens to be about 20 feet a uh away from my bedroom.

There's there are large uh large speakers, live concerts and DJs.

Um the fact that the property was in a residential area allowed me to petition the uh the city council and um and to provide evidence of what is happening and and to influence uh the the frequency of of the parties um and and the noise level, this the sound level, uh if there is any kind of compromise reached and and the property is granted commercial privileges, uh a restaurant uh may easily uh abuse the permission and say well we're just entertaining our our guests in the back and so we're we're we might have um uh uh the which which would make it impossible to to live in and and also uh the uh negatively affect reduce the market value of my residential property next to a newly commercial area.

Um I also wanted to say that uh Mr.

Talshaw uh at the at the beg um either at the end of 2022 or 2023, when he moved out of the house, told me that he would like to convert this to a restaurant.

So this is not true that it's under the city under the city pressure, you're you're uh you're forced to seek the commercial zoning simply to function as as a synagogue.

Again, as a synagogue does not need a commercial zoning to prepare and and feed the members of of the congregation.

That's that's all.

Thank you, sir.

Thank you.

That's it for public comment on item one.

Alright, very good.

Uh Rabba Schul, if you'd like some more time for rebuttal.

No?

Okay, thank you.

All right.

This is a district eight case, so Commissioner Kelly, to you for questions.

Uh, if I could have the applicant come up, please.

Uh Rabbi Tall, I have a few questions and I'll try to move through these fairly quickly, but I have a few questions to try to make sure we're all on the same page here.

So you've heard the concerns and complaints about the possible operation of a commercial restaurant in that location.

So I came to your property to the synagogue uh on April the 13th and on May the 18th, and both times I was there during the noon, what I'd call the noon hour period, I think the first time I came around 11 30, the second time was closer to one o'clock.

In both cases, I saw uh I think you had maybe I'm gonna guess about eight tables set up in your meeting and uh dining area.

I think there was maybe people at one of the tables uh the first time and maybe at two of the tables the second time.

So I would have a question, what uh how much profit or let me let me rephrase that in an average month do you make a profit off the foods that you serve or for takeout or serving in the location?

In the last uh hearing, one of my colleagues, I think uh he explained that uh we don't make any money.

Okay.

I just wanted to confirm that.

So I I thought that was my understanding.

So um, so as far as the general public coming to that facility to get food, um how many how much uh how many times do you have customers that are just general public that are interested in coming in to get maybe some sampling of Hebrew food?

Um we we were before the we spoke uh available in Google.

So we had a very minor percentage of the general public that came in and choose to pay three times the cost of regular food than they can find anywhere else.

So it's mostly mostly I'd say 90% 95% that of the people that walk in in our community, and we want to keep it that way.

Is it correct?

When I was there, I observed that there's a fence around the entire property, and there's a uh an electronic gate to come in in the front.

Uh is it correct that someone has to either be a known congregant or have called in advance to uh allow entry into the first gate?

As you said, there is fence and there is two gates that you have to enter.

They're they both have a code, and we don't have any, there is no clue on how to get in.

So, it would be a little traditional for a normal restaurant to make it that difficult for somebody to walk in and get a meal.

Is that accurate?

I would agree.

Okay, 2023, the records indicate that you and your wife sold the property uh transferred ownership uh by special warranty deed to the Shaba Israeli Center of San Antonio, is that correct?

Yes, sir.

So from that point forward, y'all were an official religious institution, correct?

Right.

Okay.

Um do you have an approximate idea when the city inspector first made a determination that you were operating a commercial restaurant?

Was it was I don't recall, but since then we have a weekly visit from a city inspector.

Okay, was do you think the first visit was before or after y'all transferred ownership to the synagogue?

I don't remember.

You don't remember that?

Okay.

All right.

At what point did a city traffic engineer come and uh require y'all to look at your parking, the on-street parking, try to determine if there's a way for you to create some off-street parking.

When we was recommended by the city to change the zoning, that's when we start to work on the parking.

Okay.

For that there was no.

And at this point, I think if I'm correct, uh the parking that you do have is on the edge of city property, and you've created some uh gravel area, so it's pervious cover, but it's on the edge of the street and it allows parking in front of your facility.

Is that correct?

Yes, it is.

About how many vehicles would you say could park there?

I think the the engineer was working with the city on getting 19 parking.

I think that was the requirement for the R20.

So either 19 or 17, because there would be a various, but about okay.

So that would that would be desirable, but that's really there's not really room for that many vehicles in front of your facility, is there?

I can you can see it.

Okay.

Uh it just seems to me like maybe we're looking at 10 or 12 at most, but maybe I'm I may not be correct.

So just uh be sure that we're all on the same page here.

Um a staff person with a city recommended the R20 uh rezoning to you, is that right?

With special use for a food service facility, I wouldn't call him just a staff member, the top staff member, Mike Shannon, who was the director of this building, came to visit and recommend us to go to our 20 conditional use.

Okay, it was uh a lot of expense involved, a lot of energy and time was invested, and that's why we start this process.

Okay, um comments were made earlier about y'all having advertised uh for a food service facility that in Google and I know I had looked on Google maps some time back and y'all had uh I think yum yummy kosher food advertised we have changed it my understanding is you have changed that more accurately I did we did we did change the yummy to Israeli Chabad kosher kitchen in order to give more of a understanding for people going on this listing understanding that it's very unique to the Chabad so a lot of people know Chabad it's the biggest Jewish movement today and we even made another step that you will have to do after hitting the listing that you'd have to go to our website that of course representing the community the synagogue and the church to if somebody doesn't and only then you can uh and all the food so we try to make it and even we put in a paragraph explanation that it's uh very um exclusive for the Jewish community so we can check it out okay okay thank you question Rabbi I think that's all my questions tomorrow right thank you Commissioner Kelly uh we're gonna open up to other commissioners to my left commissioners uh some Commissioner Sipes I guess this is a question for the for the applicant um so I currently see that there's still um when when was the when was the restaurant name or when was the name changed yummy 770?

When the name was changed about until a week ago okay okay because I see that there's still a Yelp listing that says it's claimed by the owner um uh and there's still Yelp reviews which to me indicate you know um but that's discussion um okay so it was just recently changed then all right I think that's all the questions I have all right thank you Commissioner Sipes uh commissioners to my left commissioner what's up I have a couple of questions actually I've microphone you want to stay uh commissioner what's it microphone you just I can't do two things at once just pass it out to each of the uh and keep one for yourself there so I commissioner Kelly pointed out one of the things that I was gonna question uh about all the code and permitting history and it talks about violations and all these things that have been going on I I thought well I want to see what these violations were so I went on to the city system and found a lot of this stuff the majority if not all of them have been closed no indication of real violations and there's some pending things right now which has to do with this zoning issue uh that's pending at the moment but in 2023 when it converted to uh the synagogue should not at that point all previous reference to any kind of violations gone away because you have a new owner uh it seems that there's been uh kind of continuance of past violations ascribed to the synagogue now okay uh we do have a co-compliance officer uh but I'm not sure if that's not a question for the city attorney's office uh given the change in ownership give us just a second to pull up the records and take a look at it absolutely Mr.

Chair yes Commissioner just the point of uh clarification.

The information we just received, is provided by whom it's provided by commissioner what's up yes thank you.

Thank you.

And it just came from the city's own records.

It's just factual stuff.

Ms.

Ms.

Tana, can you uh just go ahead and did you hand a copy of that over?

Oh, thank you so much.

All right uh commissioner Woodsett, while we wait.

While I'm waiting on them, let me ask, yeah, did the uh city ever officially recognize that y'all became a synagogue?

Uh did they acknowledge that or did they were y'all were in violation?

I guess technically when you were the individual owners, and that seems that that should have been pursued, but once you became a synagogue, did they continue to consider you as individual as a restaurant?

Because once you're a synagogue, technically all these things would go away.

Is that not correct?

As I said, I'm not I don't have a lot of uh uh information, but we we're getting about uh weekly visits and from inspectors and we always give the same answers.

Weekly visits?

Weekly, bi weekly it's uh for lunch.

I guess the the you're pushing three one one and the inspector's coming, so we're getting them a lot of them.

You can probably figure out.

All right, and Commissioner What's up?

We're still waiting for me.

Yeah, while we're going for an answer, but we do have a co-compliance officer here as well.

And she's working on it, right?

Okay.

I force this maybe for you, I don't know exactly who, but it says staff report says religious institutions are generally permitted, and then makes then y'all make an exception for this one based upon operational intensity.

Uh there's no occupancy count or traffic study, nothing measuring.

I mean, if it's a religious institution, it's a religious institution.

Why is there uh extra scrutiny over the intensity of use on this one versus intensities on other ones around town?

Yeah, so in this case, the the building official determined it was uh the use was a restaurant, and so it was that that was the determination.

So he's saying it's not a synagogue per the legal ownership.

Well, let me jump in on this one.

Being a religious institution does not grant carte blanche to do whatever you want to do.

So when the building official visited this property after receiving many complaints from the neighbors, and we're pulling up the list that you provided us.

Some of those were closed cases because a shipping container was located on site, it was closed because the shipping container was removed.

When the building official visited this site, we visited what was clearly built as a single-family home in a single family community.

The building official observed that the vast majority of square footage is a commercial kitchen or a dining room, and in his capacity as the building official made the determination that the primary use of this property was a food service establishment.

He advised them that if they wish to continue operating that way, they wouldn't need the change of zoning.

That is why the decision was made.

And I will also jump in from the city attorney's office perspective.

Whether something is or is not a religious use is based on the actual case-by-case basis.

And so an analysis is done on a case-by-case basis.

Ownership alone does not determine whether something isn't is considered to be a religious use.

There are a lot of religious organizations that own property that they may or may not be using for religious purposes.

Do y'all have a copy of that case?

Uh the his determination and when it when it occurred.

It's not a single case.

There are many, many cases related to religious uses.

Specifically about this property that m uh Mr.

Shannon uh determined at what year did he make the decision?

I'm sure that there are some city records.

If if I can to answer the initial question, that's why I was gonna go.

Yeah, the first closed case was for a shipping container.

The case was closed because that was resolved.

It was removed.

The second investigation was due to a lack of an electric permit that was closed because an electric permit was obtained.

Uh, the third item was referred to the pending case before the courts.

Uh, the fourth case was for a complaint for a dumpster on the property.

That was resolved, so the case was closed.

The COD item is not a code enforcement case, that may be a health item.

We're looking into that.

And then the very last item on this list, the INV PBP-23, that was for a fence being built without a permit, and then a fence permit was obtained, so that case was closed.

Those were the individual ownership prior to the church actually taking ownership.

I I don't know who was the owner at the time each of those occurred.

We could pull up the BCAD record, but ownership would not negate the requirement to obtain any of those permits.

I agree with you, but I'm just saying that once it became the synagogue, those are no longer applicable to the synagogues issues.

No, if you it if you purchase a property with code enforcement cases pending against it, you inherit those code enforcement cases pending against it.

We don't if we know there's a hundred problems with a property, we don't pretend that they all went away just because the property was sold.

Let uh pass on any questions at the moment.

Okay, thank you.

Uh Commissioner Duble, to you for questions?

Yeah, uh to staff.

Did I correctly hear that the um code enforcement officer made the determination that the primary use was a food service establishment?

Did I hear correctly?

Not the code enforcement officer, the building official for the city of San Antonio.

Okay, and what uh just to give me context for that, what what goes into that determination?

What would what what are the kind of factors that would go into it?

I I certainly can't speak for exactly what his determination was, but I would tell you that it was certainly taken into consideration that the vast majority of the building is either a commercial kitchen or a dining room.

To the applicant, uh questions about use, so to help us get a sense of the intensity of use.

Um, so on an average day, how many uh people come to eat kosher food on average?

10.

Okay.

And then uh I'm I'm familiar that the Sabbath and holidays tend to have higher attendance than average, you know, days of prayer, but for a normal day of prayer, how many people come for I think you you only said you have morning prayers.

Morning service is so how many people on a daily basis come for morning service?

About 12 to 15.

Okay.

And then this the Sabbath, Saturday is the day of higher attendance.

Is that typically the case with you guys?

Forgive me that I'm gonna answer a little bit different than what I was asked.

Um, we have five days that we are fasting.

The Jewish tradition, the Jewish religion are fasting those days.

In each of these days, the restaurant sees or the food establishment, I don't know even how to call it no more, uh, sees from uh operating.

Even if people are gonna be like we're really hungry, as a religion institution, we're not gonna provide food on a fast day.

So for example, on Yom Kippur, one of the biggest fast days.

How many people show up typically for prayers on Yom Kippur in your congregation?

We get it at 50, easy.

Okay.

And then on a typical Sabbath, how many people?

50.

Okay.

So, you know, we can't really average the 50 against the normal days, but I think your testimony is that even on a normal day, more people are coming for prayers than are coming to eat.

Including Friday that we are uh letting the kitchen prepare for the Sabbath.

Of course, any Sabbath.

I'm sorry, what so what does that entail?

On Friday, we are not operating because we we asking our community that we wouldn't be able to provide food because the kitchen is used preparing food for the Sabbath.

Because on the Sabbath it's twenty-four five hours that we're not preparing any food.

So that's why it's Sunday to Thursday.

So, we have a month of full of holidays.

Those days we are closed, and everybody understand and know that is a religion institution, it's it's very acceptable, normal, and and everybody know that.

Again, I'm I'm very I'm gonna uh conserve my time here, but yeah, thank you for your answer there.

Um to staff, uh could you help me understand?

You know, one of the things when I was trying to think through the case and try to think about the the the ordinance, uh accessory uses.

Um what are accessory uses under the UDC?

Accessory uses are limited to no more than 25% of the total square footage.

Okay, and and I I think I but but in general, just for everyone's benefit, what what is an accessory use?

I can range from I don't know what examples you want to do.

Incal and customary, I believe is what the code says.

It is incidental and customary to the primary use.

So, you know, the the primary use is the thing that's it's you know mostly being used for, and then things that kind of go along with it or support it are or then ancillary uses.

That's a fair yeah.

It's uh a common thing would maybe be a convenience store.

Their main use is uh, you know, they they sell items in this door, but they have you know uh other items that aren't typically associated with a convenience store and a small portion of the store, something like that.

So under the UDC, an accessory use is defined as a use of land or of a building or portion thereof that is subordinate to incidental to, customarily associated with a principal use and is operated primarily for the convenience of employees, clients, or customers of the principal use, but does not attract separate trips.

Oh, does not attract separate trips.

That's that's an important part of that.

Um also I I identified that uh when I was reading through the code.

Can you confirm uh the accessory use has to also be allowed under the table within the code, correct?

Yes, there is a table 370 or 35 370, and um it basically says if a use is authorized um as a principal use in one zoning district, you can permit it as an accessory use where you meet that 25% that Logan was mentioning, and um sadly none of the accessory uses would be permitted in a residential uh zoning district.

So that is why you know we we have several reasons why accessory uses are not relevant to the case here.

We wouldn't, you know, there wouldn't be any solution in looking into that section of the code.

Um all right, okay.

So uh let's talk about um the designation, uh more about the designation uh uh of it uh being religious versus uh a food service.

Um so process-wise, like with uh churches, does does every church need to get like clearanced by the city to be recognized as a uh religious organization under the code, or um is it kind of default if if anyone operates under that?

There is there is no city registration or city approval to be considered a religious use, no.

So if a religious institution wanted to open up in a residential area, they'd be allowed to by right, they would just proceed with a operation or how does that they would need a certificate of occupancy, but yeah, there's no registration to be a religious use.

Okay, so uh if say a uh I know there's a guru dwara uh in the neighborhood, uh a Sikh temple.

Um do y'all know what uh what the zoning is on the on the Guru Dwara?

If you had the address we could look it up, yeah, yeah.

So uh uh 7930 Green Glen Drive, it's just down the street in the same neighborhood.

There's also, while you're at it, there's a uh Catholic church in the neighborhood, uh 15415 Red Robin Road.

Um I'm also curious what the zoning is on that one.

Um interested in knowing uh if they're residential, uh I think those religious organizations would be in the same boat of as the synagogue.

Um, of course, if they're zoned commercial, right?

The accessory uses uh could you know protect them from food service related yeah?

So I wanna give me one quick second for the record, uh, Commissioner Pete Rodriguez walked out at 214.

Yeah, I just want to again emphasize the idea that churches are allowed in all resident all all zoning categories, but what is in front of the zoning commission today is a request for residential with the special use for a food service establishment?

The religious use is not what is in front of the zoning commission today.

What is in front of the zoning commission today is the allowance of a food service establishment?

So whether those other properties have a religious use on them or not is not the same thing as what is in front of you today?

If those other religious organizations had food services, but didn't have permitting for a food service establishment, it just raises for me the question of uh why uh they'd be treated differently.

Like I know Guru Dwada's the main part of their service is uh community mail where they serve food to anyone who comes and shows up.

I don't think that they would be treated differently if they were operating what this you know this establishment was operating.

I believe that the city would go and investigate in the same manner.

It looks like that is zoned R6 as well.

Okay, so they've zoned R6.

Alright, so that you know that does present a little bit of a challenge.

What what would an applicant need to do if uh uh to clear you know to clarify this point?

Because if all the religious organizations in town who have you know banquet meals or like, you know, I know there's two guru dwadas.

What would need to change to fix that work?

I will say if anyone is concerned that an operation or a religious use is operating as a restaurant, we will investigate those as we hear those complaints.

Yeah, I it just I guess briefly, how would uh how could that policy be changed?

What were the steps that an applicant would need to do to change the policy?

I know it's outside the scope of a zoning case, but what what other remedies do they have to clarify that?

I don't know.

I don't know that I understand the question.

What like would council have to change it?

Would they be able to appeal?

Is there an appeal process with the director?

Yeah, at the end of the day, council has the ultimate authority over what development codes we enforce.

So if they wanted to amend the unified development code to expressly expand what a religious institution can do, that is something city council could consider.

Okay, thank you.

Alright, thank you, Commissioner Duble.

All right, any further questions to my left?

Questions to my right?

Uh Commissioner Hina Hosa.

A couple questions.

Uh one for the rabbi.

What what was your community outreach?

I know at the last meeting we kind of said it.

Well, let's come together, let's see what happened.

So, what what was how did that look like?

The meeting?

The meeting, yeah.

Did you have meetings with the neighborhood association?

More.

I mean, how how many do you have?

How did that look?

Um we had about 70 people, and it didn't look good.

You could uh see the leftover.

Were you guys able to come to any sorts of uh agreement or compromise?

Again, people you you hear the complaint.

We're talking about changing zoning, and they're talking about me as a personality.

Gotcha.

It's not we didn't they didn't we didn't search to to uh you know bridge the gaps.

Gotcha.

And what when did that meeting happen?

Like we don't I mean a couple weeks ago or I think two weeks ago.

Two weeks ago, okay.

It was just a one meeting.

We had a one meeting, yeah.

And where was the location?

In the pavilion of the neighborhood.

Okay, okay.

Thank you, Rabbi.

You could sit for a couple minutes.

Uh a couple uh I'm sorry, uh, couple questions for staff.

Um what is the fire marshal's like uh uh maximum capacity for the establishment and for the dining facility?

I'm assuming there's two different capacities.

Yeah, it would be determined at the point that a C of O is applied for.

I don't know off the top of my head what the maximum occupancy would be.

Okay, um and also for staff, just remind me uh how many how many did how many letters of of or how what was the support and what was the uh not support uh ratio numbers?

There were 18 notices mailed, zero received in favor, four opposed, Hills and Dale's neighborhood association was opposed, and then outside 200 feet, there were zero in favor and nine opposed.

Okay.

Uh I know for me, I think I asked this question the last time.

I mean, I'm I'm gonna take out the religious part of it, and I think we've kind of mentioned that.

Um this is how I look at it is is uh how did the surrounding neighborhoods or surrounding houses, what what they want, uh the neighborhood association what they or what would what they would like, uh and then the uh uh the establishment uh are is seeking the zoning because remember zoning goes with the property.

Um so once we change it now, I mean that's that's pretty much locked in until it gets unless it's changed again.

Uh that being said, uh the Hillsendale rebs representative from the neighborhood association, sir.

Can you come up here?

I may ask you a question.

And if you would please turn off or silence your phones.

Uh Mr.

Hemman.

Yes, thank you.

Can you give me a real quick, I mean, like 30 seconds?

Uh well before that.

What what was the meeting?

Did y'all have meetings?

Uh we had we had a meeting that was attended by about 70 people.

Um, and um it got a little bit feisty at times, to be quite honest.

Um the I think the the select things that I took away were um the um Mr.

Tal's community, there were uh two people who are sitting here who actually cursed and threatened, we will fight you to the residents there.

These were older elderly residents saying we live through our lives, this is very disruptive.

Uh so it did kind of go into that.

I think uh you were there as well.

I I don't see your name, I'm sorry, so you experienced that.

He actually calmed the meeting down uh a bit.

Uh there's some misinformation going around too in some of these questions.

Gotcha.

And and real quick, um the neighborhood association going in.

W were y'all looking to kind of have some what was your like concessions or what was did y'all have something going in as far as like what would you try to help meet in the middle with?

Yeah, I think the most surprising thing was, you know, this they've been in place for several years, and before they change, you know, the name to the religious organization, uh Mr.

Tao has been the owner of both, by the way, so just a change of name.

Uh before that they were representing themselves as a Jewish temple for years.

But as far as the zoning, as far as the zoning change, I mean they they want to be have a commercial kitchen.

So what would would there be any sort of middle ground for that?

Well, I think the the issue was, you know, parking disruption, uh the sewer systems, and also a fear that others would come in then and say, Well, heck, we could they could have a restaurant, we can have a restaurant in the middle of our neighborhood.

Uh the Sikhs Sikh Temple, which I think you were talking about, and the Catholic Okay, thank you.

Thank you.

Thank you so much, sir.

Yes, thank you.

Thank you.

And and then Mr.

Salazad, where where are you?

Can you come up here, sir?

If I remember correctly, you're like basically the direct the closest neighbor, right?

You're Paul is the closest neighbor.

Yeah, Paul, he's he lives between me and the synagogue.

Gotcha, and then uh like 30 seconds.

What what is your biggest complaint or what is your concern?

The concern is that if it's considered to be or turned around to be a commercial property, then that'll open the door to the rest of the street becoming a commercial property, which is why I brought up turning it into a parking lot.

The the problem is not that they're there, it's what they're doing with the property.

And if it's gonna cause problems to the community, then I would have to decline.

Got it.

Thank you, Mrs.

Salazad.

And then Paul, real quick, you're my last contestant.

Paul, I think I remember you from last time.

I think you uh you're the one that I think the previous year or two years ago there was a lot of celebrations or something.

He had some issues, but last year you said there was maybe like four or five uh yes days at work in it.

The the uh this year there were only two loud parties, uh one on March 3rd, uh or March 2nd, March 3rd.

And you're and you're you're the direct neighbor, you share property line direct with them.

As far as parking, is that uh an issue?

I um I happen to live on the property that is not it's not easy for me to see every day the parking situation of my other neighbors do.

I um I walk by maybe once a day just to take a walk.

Um, it's a cramped street.

Uh the cars when they park, they stick out into the drive uh way.

Uh if there's a large uh something like a fire truck may have trouble, but potentially passing the gotcha.

Understood.

Thank you, Paul so much.

And the last question for Rabbi.

If you want to.

I know the last uh time we were here.

Uh we had talked about parking.

I know you have some space, and you could could have created a side plan, you don't need to uh at this point, but was that considered about maybe drawing some sort of uh to kind of include parking within your property?

There was no need because the engineer was working with the city, allowing the cars to park on the city property.

Since we have the fence, we are very open to move the fence to allow other cars to park closer and to give the road more space.

Um it's just gonna cost us a little bit of uh got you.

Thank you, Rabbi.

All right, thank you, Commissioner Hinohosa.

Any further questions to my right?

Commissioner Pete Rodriguez and then Commissioner Pana.

I just have a question for staff.

Uh if this is approved, what other business?

I know we've always asked this on other cases, but what what other businesses could be established there in case they sell it in a year or two?

Uh any food service establishment.

Just food services, nothing else?

Correct.

Thank you.

And I mean, and residential uses under the R20.

All right, thank you, Commissioner Pete Rodriguez.

Commissioner Pana?

For the applicant, Rabbi.

S someone mentioned that you own other properties in the neighborhood.

Is that true?

No.

None.

Okay.

And then the smoke to live business name.

When I uh decided to become a rabbi.

Okay, so no ownership in the neighborhood and no connection to when I search for kosher food in San Antonio, your facility is the first name that comes up.

Right.

And it goes to the website and it allows me to put in an order.

I'm not a member of the community.

So I think last time you were here you said it's only open to can I ask you to read the paragraph loud for everybody to hear?

So Kitchen specializes in.

Yummy Kosher Grill is a kosher community kitchen operated by the Israeli Shabbat house serving the Jewish community of San Antonio, visiting Jewish guests, students, participants, and religious educational and community programs.

And then there's a lovely order in Alban.

And there is more writing underneath it.

Did I say that correct?

Almost.

Goodness.

There will not be a quote.

As they say you can cut it whatever you want.

But um you understand that beside telling you don't come, you're not welcome.

We try to ward it as hard as possible to amplify and and to sound our voice that it's very specialized to the Jewish community.

If there is advice or idea that can make it even more noticeable that it's for the Jewish community only for people who seeking only for a kosher food as part of the religion exercise, I would be happy to hear.

But we would try to make it as clear and and is again the prices will not justify the food unless you're eating kosher.

And that's it, thank you.

Thank you, Commissioner Pana.

Uh even lots of places where the prices didn't justify the food.

Um in any event, we're gonna go for a second round uh to the left.

Commissioners, uh, we're gonna go duval with Kelly.

All right.

Uh, yeah, uh Commissioner Pete Rodriguez and uh um brought up a really great point about the uh grandfathering of the uh conditional use permit.

So could you explain for everyone what you know what what rights would carry over to a subsequent over if say uh the Israeli Chabad was very successful and was able to move to a new building?

Uh what rights would necessarily carry over, and what I mean, could anything be done to prevent those rights from being carried over?

But with the conditional use if approved, uh would permit the food service establishment for any future owner because the zoning would run with the property.

So I I just to add one additional thing.

Any future owners would still have to comply with that site plan.

So it couldn't come in and do a 10,000 square foot addition, that would have to come back before you, but they would any future food service establishment following that site plan could use the property that way.

Um a single family home is permitted in the R20 base district that would not have to meet the site plan.

The site plans only tied to the conditional use, but those would be inherited by successors.

And uh I'd asked previously about the accessory use part of the ordinance.

You know, we kind of struck that out as not not being a uh you know possible solution.

Um the conditional use permit grandfathering is pretty problematic.

I I I mean it seems problematic.

Are there any other uh any other ideas on how we could solve this to avoid the grandfathering issue?

So, what and I'll let Audrey chime in if I misstate this, but you can't adopt a condition that compels a future council to a specific action.

So you can't say recommending approval on the condition that this property is downzoned at the time it's sold.

We we can't do that.

Uh now would or could a solution be hypothetically?

I'm not asking, but could a solution be hypothetically uh the applicant to withdraw the application and staff director of developmental services make another determination as to the primary use?

Hypothetically, could that be a solution?

Not saying that you guys would do it, but just could that happen, or is it already, or like once the developmental uh services director makes that determination, can it not change or I suppose hypothetically it's possible, but I I don't find that very likely in this instance.

And in terms of other you know hypothetical solutions, we had talked about city council has the ultimate authority.

So, you know, if the applicant were to withdraw an application and seek to change the code with city council, what like what would that look like?

And would that halt current code enforcement actions?

No.

Okay, so what would that look like process-wise?

So if we were going to amend there are generally two paths to amend the development code.

There's the once every five-year cycle, and then there's out-of-cycle when submitted by a city council request, a CCR, uh directing city staff to explore out of cycle amendments, but that would not stay enforcement action on something that might hypothetically change in the future.

That that would only come into play if the code was actually changed.

Which I guess leaves us to uh what uh Director Shannon had recommended to the applicant as you know the best course of action.

Um I guess is where we're at, right?

All right, okay, that's it for me.

Thank you.

Thank you, Commissioner Duble.

Before we go to Commissioner Woodsett, I want to note for the record that Commissioner Hina Hosa left at 2 30 and returned at 2 31.

And what time, if you have it, Miss Leal, did uh Commissioner Pete Rodriguez return?

2 16 PM.

All right, very good.

All right, that being stated, Commissioner WhatsApp to you for questions.

Second round.

Probably be a dual one for Rabbi and staff.

Uh, there's a information bolt in bulletin 126 that says churches are not required to provide a dimension site plan and a patron parking layout, and I just want to kind of confirm that some research I did.

But for the rabbi, uh, when y'all made an application for cond for a certificate of occupancy, were you approved on everything except for the parking uh issue that the engineer requested of you that from what I could?

No, we we start with R6.

We needed to get a certificate of occupancy.

It's got stuck at zoning and parking.

And then we uh had a big meeting with Mike Shannon and he recommended us to start this process.

It was an hour initiation from the get-go.

Okay, so he required you to file the certificate of occupancy.

Still have this email.

I have it on my email, yeah.

So that was in May of 24.

Yes.

Okay.

Okay.

All right, thank you, Commissioner.

What's up?

Commissioner Kelly.

Uh Rabbi, I'd like to follow up on a few things that you and I have talked about as possible ways to work with the community and find solutions that uh can compromise some of the concerns in the neighborhood.

Um I think you had said that you all would be willing to look at some issues.

There's a lot, a parking lot, I believe, a block north that might be a possibility for overflow parking.

Is that correct?

Or that was my understanding.

To get a new parking lot, that's the new neighborhood.

Well, to add some parking spaces off-street parking, I uh thought I understood there was a lot that the neighborhood actually owns about a block north, am I incorrect?

If they'll give it for free, we'll take.

Okay, well, at any rate, uh, I think one of the big concerns that I've heard from the neighbors is obviously the parking issue, and I think it is an issue.

Uh, even though in the times that I've been there, I haven't seen it being egregious, it's still I could see how it wouldn't be a problem.

If the city were to work with you and maybe establish a no parking on the far side of the street from the synagogue location there on that one street, would that be something you'd be amenable to?

I would be willing to walk in any way to solve this issue.

Okay.

And any other issue.

Okay, and I hadn't thought that there's a vacant area on the corner of your property that might have been opened up for parking, but you that I found out that's where your septic field is.

And I think it's important for everybody to understand that much of the older part of Hills and Dales is on septic system.

The city's never gotten around to getting that into or SAWs hasn't gotten it into a sewer system.

Umise was one of the other issues I heard, and I think uh a couple of the speakers have uh registered some concerns about noise.

I know y'all established uh or built a concrete fence around the backyard property where you hold some of your events.

I know it probably helps a little bit, but having worked for TechStud and having dealt with noise issues in the past, I know that's not a total solution.

Noise will go up over the wall, unfortunately.

So I would ask you, is there a way to be careful that any electronic amplification of activities could be directed away from the neighbors?

We're trying to do all in our best to be a good neighbor and to reduce the noise.

As I said, we we did a lot of effort, including changing the fence in between us and him in order to reduce it.

And I think it's uh speaking to itself that is say that it used to be weekly, and now we said it's two times a year.

I think that can justify.

I mean, that we we we're doing everything in our possibilities to reduce.

So yes, the answer is yes, okay.

Well, uh I just would like for us to all of us, the neighbors and you to understand that we need to look for ways to find solution, compromise solutions where we can.

It's obvious that uh the y'all are an active part of the community there.

You have some of your congregates that actually live in the neighborhood, I understand.

So anyway, I'm just searching for solutions here that can reduce the uh the the saying is you need two for thingo.

All right, thank you, Commissioner Kelly.

Is that it?

All right, Commissioner Sipes.

This is a question for for staff.

Um on uh and and and trust me, it relates to this case on on Saint Mary's and on the St.

Mary Strip.

There's a Greek Orthodox church, and they own a parking lot that they use, but they wanted to use it for commercial purposes as well.

And if I recall, we rezoned that parking lot, not you know, separately to allow a commercial use.

Is that correct?

Yes, it was gonna be a separate business separated from the church.

Okay, okay, great.

Um, the rest is in discussion, so I'm done.

Thank you.

Thank you for that.

Um last time, questions to my left.

Everyone's gotten their second chance there to my right questions, second chance, Commissioner Hina Hosa.

Thank you, Chair.

Um, it takes two to tango, but you're the one who questioned that the zoning change, so you know it's it's maybe doesn't work in this pl in this area.

Um, my only concern is when I went to the website also, you're relying a lot on people to read.

Uh, with somebody who has a doctor in education, a lot of people don't read, so people could order food.

So if they order food online, it's a pickup only, right?

And not only, you are welcome to come.

But again, the purple that coming into our commute to our restaurant or our food establishment, we we tell them, are you Jewish?

That would be the first question.

If you I ask you, and I don't I don't know, um, I do not mean any res disrespect at this point, but uh at all.

But when someone says are you something, that doesn't sit well with me.

But I just a guy from the Southeast side of San Antonio.

But it it seems a little odd to me, and and my personal experience, I just yeah.

Um, but so if I order it online, I could have it delivered to me.

No, we don't have a delivery option.

So you're gonna have to make a phone call.

So, okay, so so when I order online, at some point, I'm sorry, I'm sorry.

At some point, I have to call.

Right.

It it's not all computerized where I just enter my car number and order the food.

No, you you do you're able to put your card number and everything, but you will have to make a phone call if you want the food to be delivered.

If you have to pick it up, unless you're jumping the fence, you'll have to make a phone call.

Okay, and and I remember I remember the last meeting, I believe your wife said that sometimes uh county deputies come in and ask for water and stuff.

So at some point, I guess the gates are open.

Yes, unfortunately.

They're left open, I think.

But by you.

No, no, no, no, God forbid.

That's probably who who has control of the gates?

Or anybody of our more community members?

Oh, okay.

Okay, so anybody from your community could open the gate and leave it open by accident.

Yeah, they know the code, yes.

Okay, okay.

We have electric access, so everybody from our community have a card.

I didn't have to punch the code every time.

Gotcha.

I understand.

Thank you so much.

Yes.

Alright, thank you.

Any further questions right?

Seeing none.

A few last minute questions for me.

Alright.

One thing that seemed to be alluded to, and this is for staff, is a parking agreement.

Thank you, Rabbi.

I think you can sit down.

Um is a parking agreement.

So that would be where, or actually, would someone tell me what a parking agreement is?

Yeah, so one of the methods by which you can provide required off-street parking is through what's called a cooperative parking agreement.

We have an IB on this.

There are a couple standards, there's not many, where you are providing that alternative parking location has to be within 600 feet of the subject property.

So let's just hypothetically say they entered into an agreement with the property across the street.

If that property owner agreed to allowing them to use the parking and still had enough parking left over for themselves, then that is something that can be approved by our traffic team.

Alright, very good.

And that would not necessarily run with the land though, correct?

That's correct.

That is an agreement between two property owners.

Okay, so it's not enforceable by the city.

It is not enforceable by the city, but if the if the other party terminated the agreement, the city would be back in the position of requiring the necessary parking for this use.

Very good.

Thank you.

All right.

Yes.

Okay.

So there is a city of San Antonio in noise ordinance that sets certain decibels at certain times, and that's applicable to religious, non-religious uses, whatever.

Right.

It applies based upon the use of the property being residential or non-residential.

Very good, thank you.

Um, and uh, and this is gonna be remedial, so I apologize.

Um, well, I'm gonna focus on two limitations for conditional use, right?

One can be amplified sound outdoors, correct?

Yes, and one can be hours of operation.

Yes, all right, very good.

Those are my questions.

Uh, ladies and gentlemen, at this time, 243, uh, we are going to stand in recess for approximately seven minutes.

The public hearing for this item, item number one, uh, is closed.

All right, so we will stand in recess now at 2.44.

See you in about seven minutes.

You ladies and gentlemen, the time is 254.

Uh, this session of the zoning commission of the city of San Antonio is back in session.

A little redundant.

Um, all right.

At this point, uh public hearing is closed.

The floor is open for discussion and potential motion.

To Commissioner Kelly.

All right, thank you, Mr.

Chairman.

Sorry, I mean I could go to someone else.

I'm kidding.

No, it's you.

Thank you, Mr.

Chairman.

Uh this has been obviously a very complex and controversial issue, and even at this late hour and after a second round of discussion and hearing and so forth, I think that we need to look at a further continuance.

Now, Mr.

Chair, I believe you can help us understand what the implications of doing a second continuance are.

Absolutely.

I think that would give the applicant the option of working some more issues with the city staff, and going to city council.

Correct.

So Commissioner Kelly, if I may suggest if you could go ahead and make your motion, and if there is a second, I will uh describe what the effect of that motion is.

Okay, all right.

I make a motion that we further continue this zoning request.

To what date, sir?

Well, July 7th.

Is there a second?

Commissioner Woodson is the second, all right.

Ladies and gentlemen, uh, this is for the applicant as well as the neighbors.

Uh, this is a second continuance.

Uh, what that means is, uh, it'll be up to the applicant.

They can come back July 7th and have a hearing before this commission, or they can go forward to city council within the next six months, and it will be deemed to be a denial from this commission.

Recommendation of denial, that's correct.

Um, so that's the current motion.

Uh, it's now open for discussion to my left.

Yes, Commissioner Duval.

Uh only uh to ask and uh confirm that the amount of time would be sufficient for whatever needs to get worked out to get worked out.

Um I wasn't part of that conversation, but um if if it was necessary to give more time, I would think it preferable than us having to have it come back to us prematurely.

As a matter of practice, uh, we do not ask questions of other commissioners uh in this board or commission.

No, no, but uh that was a comment.

Okay, yeah, very well.

Yeah, um, okay.

Uh any further discussion to my left?

Seeing none to my right discussion.

All right.

Um, and just to address that briefly, you know, there is technically no limit to continuances.

Uh there's a practical limit.

Uh, and of course, the applicant can always after two determine that they are sick of waiting on us and they don't want to do so, and they can move on to counsel with that recommendation of denial.

All right, but at this point, the motion on the floor is for item one, a motion to continue that case until July 7th by Commissioner Kelly.

With a second by Commissioner Woodsett.

Roll call vote, please.

Commissioner Kelly?

Yes.

Commissioner Woodsett?

Yes.

Commissioner Losef?

Yes.

Commissioner Nohosa?

Yes.

Commissioner Pete Rodriguez?

Yes.

Commissioner Huey.

Aye.

Commissioner Science?

Yes.

Commissioner Dualville?

Aye.

Commissioner Pana?

Yes.

Chair Bustamante.

I.

Motion carries.

All right.

Ladies and gentlemen, uh, we'll see you in about five weeks, or good luck of city council.

All right.

You all take care.

Uh, we are going to move on now.

We're gonna take something a little out of order.

We're gonna go to item number nine.

Sorry, everyone.

Good afternoon.

My name is Joel Palimas, zoning planner with development services.

Item number nine is located at 1301 Yurosevelt Avenue, going from C1 Light Commercial to C2 C D commercial district with the conditional use for alcohol, bar and or tavern without cover charge three or more days per week, with all overlays remaining the same.

There were 29 notices sent out, zero received in favor, one opposed within 200 feet.

The Roosevelt Park Neighborhood Association is opposed.

Outside 200 feet, two are opposed, and the Riverside Neighborhood Associate Association is also opposed.

The applicant submitted a petition of consent with five signatures in support within 200 feet and eight outside 200 feet.

However, the proposed use is not explicitly stated in this petition.

The subject property is located within the Dontown Area Regional Center plan adopted in 2019 and is currently designated as urban mixed use in a feature land use component of the plan.

The requested C2 commercial based zoning district is consistent with the feature land use designation.

Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.

The proposed use is consistent with the established development pattern of the surrounding area.

The surrounding properties are zoned C1 like commercial, C2 commercial, and MF 25 low density multifamily district.

The existing C1 like commercial district is an appropriate zoning for the property and surrounding area.

Likewise, the requested C2 CD commercial district with the conditional use for the alcohol bar and tavern is also appropriate.

The property is situated along Roosevelt Avenue, a primary arterial capable of supporting a broad range of commercial uses and associated traffic demands within the mixed use nature of this corridor.

The proposed use is compatible and consistent with the established character of the area, which includes a gas station, convenience stores, motels, tire and muffler shop, restaurants, and another barn tavern.

Therefore, staff finds the requested zoning to be appropriate for the subject property, compatible with the surrounding commercial uses, and consistent with the existing development pattern along the Roosevelt Avenue corridor.

Staff recommends approval for the zoning request, and the applicant is here to answer any questions.

If we could have the applicant, please and come up and tell your name and your address.

Hello, my name is Mark Garcia, 1301 Roosevelt Avenue.

If you would tell us about your request.

When we first got to this property, I didn't think we I didn't know anything about rezoning.

I thought because it was a bar in the past, that there was not going to be any kind of issues or problems with it.

Along the way, I started learning about this uh stuff about rezoning, which I have no clue about.

Brand new to this, brand new to being a business owner, my wife and I.

So um we run into these little issues here.

In all we want to do is have our own little business, uh proper social business, and um just try to do the best we can for for the community, give back to the community and as well as having a small social spot too for my friends to hang out at.

Um, not meaning we have any kind of bad people that we want to lure into this place.

I have a lot of business people uh that are behind me uh to get this thing going.

Um that's it's a clean place.

We cleaned it up.

Um, I just anything that y'all need to know more about this.

Thank you, Mr.

Garcia.

Do we have any public comment?

We'll call you back up for rebuttal once we hear the model.

Thank you.

First, we have Mr.

Jeff Hunt to be followed by Jacob Stedham.

Good afternoon.

Go Spurs.

My name is Jeff Hunt.

I'm the president of Roosevelt Park Neighborhood Association.

Uh, the Roosevelt Park Neighborhood Association is unanimously against the change in zoning for 1301 Roosevelt Avenue.

And there are three clear reasons why the zoning change should not happen.

First and most importantly, changing the zoning could continue to threaten public safety.

This property is in the middle of a high crime rate area.

This location was deemed as an SAPD hotspot.

Prostitution and the sale of illegal drugs is rampant, specifically on this block of Roosevelt Avenue.

A change in the zoning would exacerbate the illegal activity that comes with this type of zoning.

Second, the twin in 2018, with our neighborhood association support, the World Heritage Organization changed all the zoning along the Roosevelt Avenue Avenue corridor.

The purpose was to create a safer thoroughfare that supports diverse offerings for residents and tourists.

A change in zoning would undermine the mission that was established eight years ago by citywide stakeholders.

And third, the amount of parking spaces does not meet the requirement for the conditional use of a bar and tavern.

Um this property is over 3,600 square feet, which means they must provide 36 parking spaces.

They have less than half of that requirement.

This would also cause car congestion into the residential neighborhoods.

Um and they are landlocked and cannot add additional spaces.

Um in good faith, the officers of the Roosevelt Park Neighborhood Association have met with the current owner and the property and the renters who have applied.

Um we've tried to come up with different ways uh to to change their their business model uh to where it is currently zoned, uh, but we were not successful.

Um the Riverside Neighborhood Association, along with our safe officers and the World Heritage Organization, do not support this, and we please ask you to vote no.

Thank you.

Alright, thank you, Mr.

Hunt.

And before Mr.

Stedham comes up, uh I do want to make a disclosure that I am a member of the Roosevelt Park Neighborhood Association Board, but I took no part in that in the determination of this matter and their recommendation.

Alright, Mr.

Stedham.

And after Mr.

Stedham, it will be Mr.

Ray Settles.

My name is Jacob Settham, and my address is 132 Castillo Avenue.

Good afternoon, Chairperson and members of the zoning commission.

Thank you for the opportunity to speak today.

I have lived in the Roosevelt Park neighborhood for the last seven years, and I've served on the neighborhood association board for the last 18 months, and I'm speaking this afternoon to express my opposition to the proposed rezoning of 1301 Roosevelt Avenue.

The corner of Roosevelt Avenue and East Mitchell Street, where the property is located, is the most problematic and unsafe area of our neighborhood.

I've attended more than 30 neighborhood association meetings over the last seven years, and the location has been brought up as a topic of concern at every single meeting.

Our neighborhood safe officer, district three city council officials, and local residents have consistently reported witnessing prostitution, drug dealing, assault, and other illegal activity at this intersection.

SAPD executed DART warrants against the coroner once in 2018 and again in 2023 in response to the hundreds of complaints called on this area.

The D3 City Council Office, World Heritage Office, San Antonio Police Department, and Roosevelt Park Neighborhood Association have worked together diligently to address the underlying issues and to improve this area.

A vote to approve rezoning this property for use as a bar tavern would undermine those many years of community effort.

I strongly encourage the applicants to pursue a business model that will better serve the neighborhood under the property's current C1 zoning.

And I asked the zoning commission to reinforce local efforts to improve this troubled area by voting no to the proposed zoning change.

Thank you for your time, consideration, and support.

Alright, thank you.

And I'm sorry I didn't catch the last name for the next person.

Uh Mr.

Ray Settles.

Settles?

Yes.

Hi, everybody.

My name is Ray Settles, and I live in 109 Anderson.

I am the owner of 1301 of the building.

I own 346.

Right behind it was the restaurant and also an apartment next door.

I've been there since 1989.

It's been a bar all these years, since 2022, since COVID hit it.

The bars that I have for almost 30 years, I never had no problem with the surrounding around it because I controlled it.

I control the whole corner.

I um it bought me good business.

The restaurant was 24 hours, it bought me good business, and me and my dad started it.

To this day, I'm still there, and I will make sure it's control.

All the prostitution and all that has been there since day one that I started, and I controlled it.

So Mark needs some business, and I need the business too.

So let it let it be a bar, and then it be the restaurant behind it, like it's always been.

So hope he will make it a bar again.

Bring it back alive because right now it's dead.

That's why people are running around there because there's nothing there no more.

So that's all I have to say.

Thank you, Mr.

Settles.

Any further public comment?

That's it for public comment.

Mr.

Garcia, would you like a brief rebuttal?

Um, uh the reason I'm I'm here, I just I'm hoping that maybe you guys could uh accept the yeses that I need to open up this bar.

Um, I know there's several bars along the way.

Um, there's motels around those bars as well.

Um, I'm not comparing myself to them, but you know, I am just trying to start a business.

Um I've been a bail bondsman for 24 years.

I've been around law enforcement for a little bit over 24 years.

Um there's I don't think that having a bar in this place is gonna uh infest the prostitution or bring up more drug crime that there is already in that neighborhood, which I talked to safe officers, and they said that they cleaned it up a little bit more than what it was.

Uh he says it's pretty good.

Um I had safe officers come to the property, looked at the property.

Um, like I said, you know, there's uh we did this in reverse.

What I mean is we s built the bar in there, not knowing about rezoning or how much trouble we're gonna have.

Um we've been having, you know, just an empty location, which nothing is being done but two birthday parties and there were private parties for us.

That was it.

Um I can't sell anything.

I can't even sell a bottle of water or a glass of water.

Um I'm just asking for everybody to please give my wife and I a chance to try to establish this business and uh and as well as as we grow, we could give back to the community, invite people over to we have a nice little patio, they could sell their little items there, whatever they want to sell.

Legal items, not illegal items, okay.

So um, hopefully you guys um will help us out today.

Thank you, Mr.

Garcia.

All right, this is a district three case, so Commissioner Hina also to you for questions.

Thank you, Chair.

A couple questions for staff to start off.

Uh when did the applicants submit their application and why was there a bit of a gap?

Who would answer?

Jewel or just give us one second, sure.

We received the application in February the third, and at that point it was deemed incomplete, and I was working with the applicant to get his missing requirements, which was um he needed a certified survey map showing the meets and bounds and also a site plan.

So that took some time.

Gotcha.

Uh and also um uh the property it was included in a large area rezoning uh fairly recent, a couple years back, uh, because you know I know that area that it's a pretty high crime area.

Even the applicant himself said, you know, they're not gonna add to the prostitution or add to the crime.

So obviously there is crime and prostitution in the area.

I know the uh the intention for the downgrade to rezoning with the large area rezoning was to help with that.

Um, but uh question is w uh and I I think zoning staff uh went ahead and it was approved the the downgrade, but why why is the city now or city staff approving this?

So this will be more of an intense use than the downgrade to C1.

Correct.

It is more of an intense use, but it's also supported in the land use plan.

Um the applicant did consider other uses, but based on his business proposal rezoning to the C2 CD, or he could have kept it at C1 CD for um the alcohol bar use would have also worked as well.

So he could have requested C one versus upzoning to C2.

Okay.

And parking spaces, this is where I kind of got really lost.

Parking spaces for this uh zoning requests uh it doesn't seem to be compatible with the parking spaces they have currently.

Can you enlighten me about uh let me know about that a little bit more?

Well, just based on the submitted site plan, it does seem lacking because the minimum parking requirement is one space per 100 square feet, and the maximum is one space per seventy-five square feet.

Um, but if this rezoning was approved and he went through permitting process, um that's something he would have to um tackle with traffic.

Okay, so so remind me so the parking probably wouldn't suffice the zoning request, but that would happen at a later point.

Yeah, that's correct.

Okay.

Um also C2 zoning, will that allow for a Bell Bonds business by right?

Hold one second.

No, it is not permitted by right in a C2, it would need a specific use authorization.

Okay.

And then uh technically, I think he mentioned he couldn't sell uh bottle water, but I mean technically he could sell bottle water right or non-alcoholic drinks at that location of the current zoning.

Well, right now, um, so I think it was brought up to look into a food service establishment.

So basically, what would put it into a bar status is if 75% or more of your profit is for alcoholic sales.

So technically he could sell food, which would include water since it's a non-alcoholic item.

Um, but again, once his sales go over that 75% margin, then it would be considered a bar.

Okay, and then uh one question for the applicant, sir, if you want to come up here.

And again, uh, you know, I the way I look at it is you know, neighborhoods, associations and direct neighbors, um, and of course, nothing is is personal because you know, once we change the zoning, it's gonna go, you know, with the land, right?

You could sell that or Mr.

Uh Settles could sell that, and um, you know, it's it's already there.

So my my question to you would be, and I know you you seem very in intentional so you want to you want to keep this you know grade and you want to help and all that.

Um I know when we met at the district three office with uh uh Riverside and and Roosevelt Neighborhood Association and yourself and and your wife, we uh was there any like any conditions that you would think that you could like add to it or or apply?

Uh we did uh we did it discuss that um I believe the application that uh we did uh we said 2 a.m.

and they asked me well, will you consider midnight?

I said of course we could consider that and that's when you guys asked me, Oh, you will consider.

I said, Yes, I will consider midnight, you know, instead of the 2 a.m.

uh closing time.

Gotcha, got you.

Uh I think some lighting had been brought up.

Are you the lighting we have lighting and if we need more light?

I don't think we need more lighting on the parking lot or in the front of the business, but if that's something that uh is required more lighting, I don't know how much more lighting you all might need, but and then one last question for you uh parking.

So at some point, if this would get approved, uh there's gonna be a stop, right?

Because you don't have enough parking.

So have you thought about how you would address that?

Uh yes, um, I did speak to the owner of the Raphaus Tire shop, and he said, Hey, you know, once we close, if you want to use our parking, you're more than welcome to.

Um, and also with uh juvenile detention center, they said uh that we could use some of their parking as well.

Thank you, sir.

Thank you so much.

A question for staff.

Would that be you can sit home?

Would that be permissible that they could use uh parking spaces outside their boundaries?

Yes, uh, I think uh Mr.

Sparrow mentioned a little bit earlier you could do a cooperative parking agreement.

Okay, and then one question from Mr.

Settles if you want to come down here.

Uh the question I'm gonna ask you is uh I I know you your your intent uh is to rent this out, and and you are very passionate too that you want to keep this safe and and and and and all that, but I when you tell me that I'm thinking are you gonna be there every night till midnight to make sure these these drivers are safe and the prostitutions are not or the prostitutes are not?

Was that phone call away?

Phone call away.

Okay, thank you, sir.

Thank you, Ms.

Settles.

I mean, I'll stop by and you know, drink a beer.

Thank you, thank you.

Well, yeah, I know what that probably wasn't the correct comment, but okay, thank you, sir.

Again, nothing personal, uh, but it yeah.

Uh staff, final question for you, I think is gonna be outdoor music and speakers.

Are they allowed by right in C2?

Yeah, any business could potentially have that, but as uh Chair Bustamante had said in the last item, if it could be added as a condition.

To limit that to limit, yes.

Okay, thank you very much.

Thank you, Chair.

Thank you um any questions to my right seeing none questions to my left yes commissioner duble uh is uh Mr.

Hunt here I'm not as familiar uh with this part of town um I was wondering if you could just give me a little uh orientation I was looking up on your your website uh you guys uh are a voluntary HOA or is it a yes and then um I see that you're on both sides of the the freeway it is awesome yeah um so you you have members on the south side of the freeway correct not exclusively our neighborhood is split into half and 90 splits us so we have a northern side and a southern but we're about half half okay right yeah yeah that was the the question for me there uh uh to clarify that uh if I could have the um applicant come up again thank you sir so uh you know we asked the property owner uh about the public safety issue um I I wanted to pose the same question to you what you know what ways are you anticipating when you operate the business uh to be able to control for those kind of public safety issues you know you've heard complaints about the kind of you know illicit activities that were you know have been done in the past on this block um so what you know what kind of plans do you have to um give us a a better sense of what kind of operation you're trying to run.

Well I have uh plans of uh have well first of all we have security cameras all over the building that's one okay that's monitored uh by a company that automatically calls SAPD ever since we've had that we have never had any calls from our security company that something was going wrong okay that's one too um if we have some kind of an event in there um I do supply I am gonna supply uh uh security as well not that we need it but just you know I just want the the public and the community to know that it's the services there you know um a lot of the people that are gonna go their uh their law enforcement you know um something goes wrong next day I'm pretty sure that the office their office will hear about it and you know so I think that this establishment will be a pretty safe place um you know to go I'm not gonna say you leave your wallet on on the counter table and nobody's gonna take it because I don't know that but um you know it's uh I I don't think that we are gonna have a bad crowd there I should say you know I think it's more of a better older crowd that will be going here again it's not only one type of music it's all type of music in stand-up comedy and uh karaoke that that kind of uh environment there would be so uh I see a block away uh from the property there's a coco loco sports bar that's correct I've never been in there but I know it's there okay so I mean you haven't been there before so it's not as fair of a question but compared with Coco Loco what's what's the vibe you guys are going for in comparison with Coco Loco again um I've never been in there I don't know what kind of crowd goes in there I don't know I don't know the their atmosphere um compared to the atmosphere um that I'm gonna have I'll give you an example like I gave some of the guys here examples uh have you ever heard of the Cadillac bar downtown okay it's not there no more the atmosphere that went in there is the atmosphere that um that would be in this bar.

I have not published the the name of the bar.

It's uh I got my LLC.

The name of the bar is called the docket call.

I haven't put that up yet because I don't have a permit, and I'm not gonna put a name of a bar without a permit until I have my permit, and then I could have I could probably put a a the the the got docket call LLC up there.

Great thank you, sir.

That's for me.

Alright, thank you, Commissioner Duball.

Questions?

Commissioner WhatsApp?

Probably a question for the property owner and subtle and then possibly the staff also.

Uh just flipping back at past uses on uh Google in 2014 it was the corner club, 2014, then it was Frankie Diablo's that was the bar, full service bar, karaoke, then it was the uh firehouse church for a couple of years and now it's vacant, but the church and maybe these others would have required more parking and maybe certain kind of permitting.

Uh why was that?

I never I never had a problem with parking because you know it was now like a full house all the time.

I even had the restaurant there, it was 24 hours.

And I never had parking.

I had the restaurant there for for 30 years.

I had the bar there for 30 33 years, and I never had no parking, and they did they park cost me at Rafa's.

So you own more property around it.

Yeah, I own the whole own the parking lot.

Are you gonna allow him to?

Oh, yes, yes.

So that's part of his deals that yes, but that's part of the deal.

Okay, that wasn't didn't seem to be addressed.

Uh yes, it's a big parking.

Uh, there's about you have about 30 cars there in the back.

Okay, okay.

And uh and on the side because the restaurant's gonna be closed, so it's gonna be more parking.

Uh for staff.

Uh the fact that it been a bar in the past over the 10 years, multi different times, two different bars, uh, why was that never uh addressed and they were operating in that location?

We they had uh an approved non-conforming use for a bar.

The owner or property can confirm that.

But that's two different operat two different bars at two different points in time.

Yeah.

So there would have been a change in and then using the nonconforming.

Well, once you stop operating, or you lose the non-conforming rights.

That parking is 105 for this street.

We for this street.

Mr.

Settles, there's a pointer right in front of you.

If you would not turn it on, no, the flower thing, yeah.

Point it up there and press the button, and if you could show where that parking is.

So I guess my question is when was the down zoning that changed it to this zoning that doesn't allow a bar?

Uh in the it was 2018.

Um, it was went from C2 to C1.

So they could have done a bar under C2 at the time, or no?

No.

So they were still operating outside of even how did that happen for the zoning, correct?

Okay.

Can I say why it's up?

Thank you.

Oh, sorry, sorry.

All right, ask him why was that the case?

Well, I didn't stop agreeing in a bar in 2022 because of COVID.

And it got real slow for the um the volume the the bar was there, it got slow for him, so he had to get out of it.

But you had no zoning issues as a bar prior to that one city, no complaints about it.

Okay, all right.

Thank you, Mr.

Settles.

To my left questions.

Seeing none.

So I can go around to my right, yes, Commissioner Huey.

Uh question for the applicant, please.

Hello.

So uh right now, what kind of business do you are you operating on this property?

I don't operate a business.

There's nothing there.

I've only had two birthday parties in there.

There were family birthday parties, and that was it.

I don't have that open for anything.

Okay, great.

Uh the other question I have is so if you were to let's say uh granted permission to uh rezone.

What would your hours of operation be for your bar?

Um, well, if everything's possible, and like I I agree to close at 12 midnight.

Well, I could be open maybe 10, 11 o'clock, maybe noon time till midnight.

Yeah.

And the last question, and I think Mr.

Suttle, is that uh kind of shed some light on this.

So you are in your rental agreement that you're gonna have parking rights to 105 for Lisa?

Well uh is that the parking in the back?

If it is, yes, sir, that is correct.

That is an agreement.

Okay, yeah, I just didn't show up on the map here.

Okay, great, thank you.

Okay, all right, thank you.

Any further questions to my right?

Yes, Commissioner Hina Hosa.

Uh my only concern is I know we bring up the parking, and we talked about this at the D3 office, uh, and then you mentioned today that we had talked about Rafa's and then the Bear County uh juvenile uh area, uh which I don't think that's a that's probably not gonna be a I don't know, I don't know.

But now it there's a there's a parking lot in the back that's just okay, we're gonna use it.

So that that's my only that's my concerning is it it seems like you guys want to to really have this to make money, and I can understand that, but I don't know.

I don't know.

I just want to as just a comment.

So thank you, sir.

You can have you can have a seat.

Um question for for question for staff.

What what is the um?

Oh, I'm sorry, I'm for I'm the applicant.

Real quick, I have one more question for you.

Why are you coming up here?

What are you operated other businesses in San Antonio before?

As an owner, no, I've never owned a business in my life.

Okay.

Um I worked at different locations, you know, bars and stuff like that.

And that was just a question.

I mean, there's nothing.

No, I do.

Thank you, sir.

And the question for staff, uh, do we have a copy of this parking agreement in writing already?

I mean, is that been submitted or?

No, it was not submitted.

Okay.

Okay, thank you, Chair.

Any further questions to my right?

Seeing none.

Questions to my left.

Uh Commissioner Woodson.

Uh staff, the property behind it, C1, C1, and then MF25, can it be, would he get into a problem using the C1 property for parking?

Yes, a non-commercial parking lot, um, which is basically what that use would be is permitted by right in the C1.

Commissioner Duble.

I could ask the uh president, the HOA president to come up again.

Sorry I keep on having you make the long walk, but so uh we had the owner, we had the applicant come up and speak about kind of the character of an establishment that they're trying to uh uh put up.

So I just wanted to give you the opportunity to respond.

I'd be interested in your your thoughts in response to their uh comments.

Yeah.

Um Roosevelt Park, very diverse community.

Um we we actually support a lot of diverse uh businesses.

Um we definitely support bars and taverns um in our area, but this is such a high crime area that um when I first had a conversation and learned about this and and talked with with uh Mark in February, I told him it it will be a hard sell for us because we have worked years with SAPD to try to start cleaning up that that corner and I I just think that putting that type of establishment uh there is just a powder keg and it's gonna be very difficult for um the applicants and and for the owner um to to control uh what's going on.

So uh hypothetically, uh you know, we haven't gotten a deliberation yet, but hypothetically, if the commission were to consider uh recommending approval, uh this is a requested zoning for a uh conditional use authorization uh that allows for certain limited list of uh conditions of approval, that the the idea of those conditions of approval is to try to mitigate some of the negative impacts right uh or potential negative impacts.

So just in you know, very briefly, you know what it if we were to consider.

I'm not gonna go through the list of conditions, right?

If we were to consider uh conditions of approval, what kind of things would you be looking for to try to mitigate the situation?

Um well, we are worried about the C2, we're worried about the other things because if, for example, they succeed and want to move to a bigger establish uh building, or let's say they don't succeed we are worried then because we'll be stuck with that zoning and we are worried about the list of things that can come in with that so yeah uh maybe if staff uh could I ask staff to just go through the uh our cheat sheet man I gotta laminate that thing that you guys gave us uh could you could you go through the conditions that are available to us with a CD.

The conditions yeah so um just the protective screening and our buffering um landscaping buffering lighting height limitation setbacks parking ingress and egress hours of operation and signage so the ones that you know might be relevant here uh lighting might be one to consider right uh hours of operation certainly um I don't think screening makes any um no and and we are very concerned about parking because even though he does own those three buildings right the parking is all wedged behind there so I don't believe that there are that many parking spaces available and you probably can't even create them so I they're saying Rafa's is saying we they can do it but we don't really know uh actually to the step and I'm sorry parking is one of the conditions but uh what what's the scope of that what does that allow the location parking and in some instances reduction the amount of parking to be allowed.

I see but we couldn't require the entry into a um no not not no okay all right thank you and thank you sir all right any further questions to my left all right briefly um staff would a C1 C D be available here yes it would okay all right um no further questions from me public hearing is now closed on this item uh Commissioner Hinahosa to you for discussion and motion sure I believe that uh this area was uh recently a few years ago downgraded uh with a large area rezoning uh for a reason um the neighborhood uh Roosevelt was very gracious and very nice uh and they they said if if this establishment would be at any other area uh they would they would probably support it I mean there's many areas however this area this corner is such a hot spot that a bar um I believe is not the intended use of this new downgraded large error rezoning uh that being said um I would like to make a motion for denial the motion is for a denial of item number one nine by Commissioner Hinahosa is there a second uh second by Commissioner Kelly all right uh discussion to my right discussion to my left yes Commissioner Dubal yeah I'd you know I'd like to kick off a little discussion about it um I I recognize how um alcohol uses can you know accelerate crime and be a a gathering place you know for uh criminal activity right like it's uh it's a place where people go at night um alcohol can you know lead to bad choices um but at the same time uh development you don't always get to be uh uh pickers and choosers over development um so I struggle with a little bit only only want to encourage that we have a little discussion before we some you know a little discussion before we vote um just in that uh it's it's a shame when we're talking about how this area is is underdeveloped um and how it's been you know vacant um you know prohibiting uses that are economical in this space is is not necessarily a solution to that problem um especially if there was a way to uh you know with conditions of approval to require lighting uh to try to um mitigate any of those impacts but open you know I'd I'd love to hear your all your thoughts all right discussion to my left commissioner what's up it's a challenging uh decision I mean to have all these external factors uh impact whether or not this is an appropriate commercial use location whether it's a bar or something else under C2 uh allowance I'm I'm struggling with that that I don't want to necessarily approve a bar but uh at the same time I think this is uh it's a corner location on two thoroughfares that are probably pretty well trafficked and there's other commercial zoning right in that area so I'm gonna tend to probably um support the city's uh proposal but all right left Commissioner Sipes.

I don't I don't think the the issue is necessarily um over alcohol um in that uh a restaurant or something else would probably be more acceptable which would could sell alcohol um I think it's the the usage of the bar that the neighborhood is is uh troubled by and um I think in in in my case I would I'd probably support whichever motion that the the commissioner uh for that area would would uh make um because when I first looked at this it and look like yeah this is right there's a stoplight to da da da all you know you know it's a major thoroughfare I get that but then but then you hear the history of from the neighbors who know that area better than I know the area so I'm tending I tend to to kind of trust what what um uh how they've come to their decision so I'll be supporting the the motion very good all right anyone to the right further discussion yes Commissioner Heena uh yes I just want again want to stress that uh this thoroughfare you know Roosevelt uh there's motels all the way down there's other bars it was such a hot spot with crime that there had to be a large area rezoning to kind of again help the neighborhood uh the neighbors that I talked to obviously this was an abandoned you know facility that has a lot of homeless something that would be probably a different issue but i it is something where if you look at Google maps if you look at what's around there you know it could possibly be like I think the city's seeking approval so that that's where they kind of zoned it but or or are going toward but the neighbors themselves the neighborhood just very concerning about the land use and the permanent change to I I believe you know the the the applicant is is a great person.

I'm sure he would do everything but if if he would move out you know land use goes with the property whoever comes in next could have a a bar and maybe are a little bit more not as careful because there's more financial and that area is such a hot spot that we're just adding more a little more timber or a little more spark to to that area that that is just not needed in my opinion thank you.

Any further discussion to my left commissioner duble yeah I just um great great points all um and uh I'll be yeah I'll be supporting the motion all right this is why I recuse from my neighborhood association I disagree um so I understand the neighbors concern I live in the neighborhood I live just on the other side of 90 um what and this will be a theme today by the way empty properties empty lots are a huge concern for me and what happens to those properties when they become neglected and that is primarily what I'm looking at.

I'm not saying I would uh recommend approval for the applicants, what the applicant's seeking.

I would probably go see one C D.

I would add hours of operation.

I would make sure we have that parking, but I think we can do that through a continuous um and and sort of refine this a little bit because empty properties, to me, are a greater invitation to crime than an operating business.

All right.

I get the last word.

Uh the motion is for denial by Commissioner Hina Hosa with a second by Commissioner Kelly.

Roll call vote, please.

Commissioner?

Yes.

Commissioner Kelly?

Yes.

Commissioner Lose.

No.

Commissioner Pete Rodriguez.

No.

Commissioner Huey?

No.

Commissioner Sipes?

Yes.

Commissioner Duval?

Aye.

Commissioner Woodsett.

No.

Commissioner Pana?

No.

Chair Bustamante?

No.

Motion fails.

All right.

Motion has failed for denial.

The floor is now open for an alternative.

I'm sorry, for reconsideration from someone who voted no.

Mr.

Chair, motion to reconsider.

Thank you.

Is there a second?

I'll second it.

All right.

Second by Commissioner Pete Rodriguez.

Uh motion by Commissioner Huey.

Discussion left, seeing none.

Discussion right seeing none.

Uh motions for reconsideration by Commissioner Huey.

Uh with a second by Commissioner Pete Rodriguez.

Roll call vote.

Commissioner Huey?

Aye.

Commissioner Pete Rodriguez?

Yes.

Commissioner Lose?

Yes.

Commissioner Inojosa.

Yes.

Commissioner Sipes.

Yes.

Commissioner Kelly?

Yes.

Commissioner Duval.

Aye.

Commissioner Woodsett?

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

I motion carries.

All right.

The floor is now open for a motion.

Or alternatively.

Well, no.

Well, either.

Yeah, either way.

If you do if there is no motion and no second, then we can go to continuance.

Or someone can make an affirmative motion.

Either way.

Anyone can make a motion.

I'll uh move to continue the item for uh two weeks.

Uh to the what is that?

June 16th.

Is that right?

Yeah, June 16th calendar.

All right.

There's a motion for continuance June 16th.

Is there is there a second?

I'll second it.

Second by Commissioner Pete Rodriguez.

Discussion left.

Discussion right.

All right.

Motion is for a continuance to June 16th by Commissioner Duval.

Second by Commissioner Pete Rodriguez.

Roll call vote, please.

Commissioner Duval.

Aye.

Commissioner Pete Rodriguez?

Yes.

Commissioner Lose?

Yes.

Commissioner Inojosa.

Yes.

Commissioner Huey.

Aye.

Commissioner Sipes?

Yes.

Commissioner Kelly?

Yes.

Commissioner Witsup?

Yes.

Commissioner Pana?

Yes.

Chair Bustamante?

Aye.

Motion carries.

Alright.

We'll see you all again in two weeks.

Thank you.

Alright.

We are now moving back to our regularly scheduled business.

Item number two.

Okay.

Good afternoon.

Uh my name's Forrest Wilson, Principal Planner with Development Services.

Item number two, located at 1139 New Laredo Highway.

Is a request from C2 commercial district and C3 General Commercial District to an amended request of C2 C D commercial district with a conditional use for motor vehicle sales for full service with all overlays remaining the same.

24 notices were mailed, four received in favor, zero posed.

The Quintana Neighbor Neighborhood Association gave no response outside 200 feet.

24 received in favor.

The current C2 commercial district is an appropriate zoning for the property and surrounding area.

The proposed C3 general commercial district is not appropriate.

However, the the subject property currently maintains a split zoning of C2 and C3.

The C2 portion serves as a buffer, providing uh more appropriate transition transition to the active residential properties to the north than a C3 district would allow, while the C3 zoning um does exist along New Laredo Highway, these properties are inconsistent with the Kelly slash South San Puey Bloke community plan adopted in February 2007, which designates this area as neighborhood commercial and while the amended request is more appropriate the use may still be detrimental to the above abutting residential neighborhood staff recommends denial and the applicant's representative is present.

Okay if we could have the applicant's representative please sir if you would introduce yourself and give us your address actually Mr.

Wilson before this begins did uh this came before planning correct yes it did and what was the resolution there if there was one recommended approval okay for community commercial for community commercial good afternoon my name is Carlos Aldava with Alamo Consulting Services and I'm assisting uh the property owner Mr.

Jimenez uh with this rezoning case which is of course a continuance as per the last session the pending item was to have an active coordination with DSD trees which we did and we have the exhibit that has been approved by the tree division which in which um the owner is proposing planting of uh several trees along with shrubs um for a um non-required um landscape buffer what is some something that he's uh willing to um to to uh to present for the consideration as a type A landscape buffer or and um that that's pretty much the the last step of the coordination with development services tree thank you so much uh is there any public comment yes we do have a few uh folks signed up first we have Mr.

Larry Garcia and he is to be followed by Miss Deborah Ponce Ponce or Ponce sorry Larry Garcia 1442 menethine uh we feel that uh where the proposed buffer is supposed to be is uh right next door is is uh residential living the other issue we have is is that we have so many of these uh auto service centers in the neighborhood right on the other block is uh is one that we started off being a used car sales and now it's a full service uh automotive center and it would really like you guys to really protect the neighborhood and to apply by the Kelly Pueblo plan and keep it the way it is thank you very much and she is to be followed by Miss Cheyenne Rendon.

Hello um thank you for um listening to me I'm um in district four community member I'm also um sorry I'm also um a climate justice um organizer in the area I work with the community there and um we're in an area where there's a cluster of some really toxic businesses that surround uh the neighborhood and though we are supportive of all the existing businesses that are there we're just trying to hold the line and not make it any worse um health conditions and things like that are being examined um by the city of San Antonio by groups and I'm losing time so I just wanted to kind of poke that in there um first um this request or my request is that this be denied um the community opposed it, and the neighbor association opposed it, and the zoning request was denied previously.

Yet here we are again considering it um a second time.

The primary concern remains that uh the location, the proposed, the proposed body shop that they want to set up is directly adjacent to an elementary school, a children's playground, and a softball field used by families and young residents.

I mean, it's pretty much right across the street.

Body shops generate paint fumes, dust, particulate pollution.

We should not be placing an operation like this next to where children play and beside where people live.

Second, the business um, well, the business backs up to the neighborhood.

We continue to see homes converted one by one in this area into commercial use.

And what happens a lot of times is these businesses already start operating out of zoning, and then they come here and then they get the proper zoning years later because hey, they've already been doing it all this time.

Help me out, please.

And what's happening is this gradual change of the character of our neighborhood and for the people who live here.

Um we have the Pueblo plan for a reason, and the voices of our community continue to be overlooked every single time.

And so now we have an official little group, and we're hoping that you will listen to us this time and deny this.

Thank you, Ms.

Sponsor, that's right.

Thank you so much.

Next, Ms.

Cheyenne Rendon, to be followed by Mr.

Al Rocha.

And Mr.

Rendone, if you would name an address and then tell us about your feelings and thoughts.

My feelings.

Uh, Chair, I would respectfully ask that I get additional time to complete my comments given that the meeting has extended already over the time frame that was allotted.

We've had uh two minutes.

Thank you.

Good afternoon, everyone.

My name is Cheyenne.

Please don't tell anyone my address, even though this is live stream, one two two five West Mayfields.

I am a lifelong residence of Quintana Neighborhood, and I uh am a mother.

I walk my son to school every school day to and from, and every day I pass by 1139 New Laredo Highway.

So today I'm here asking for you to deny the zoning case.

I'm also here on behalf as a group uh for other people who were here but weren't able to attend because we've already exceeded that time frame.

So just a little background.

I did mention I'm a mom, right?

Um I walk every day, walk past this place.

If you look in the packet that I gave you, you'll see that the first letter is actually from the Quintana Neighborhood Association from Al Rocha.

He was one who could not be here today.

Um he did put in his input, but we've messaged Kelly uh Sanders, who confirmed that we did submit at on behalf of Quintana Neighborhood Association.

We did submit our opposition back in uh no September of 2025.

So the fact that it's not registered up there shows that there's a lack of transparency, and it obviously makes us as community members feel like our voice is not being adequately recorded, especially for the records uh moving forward.

As uh Deborah Ponson made a statement earlier that it just seems that there's this ongoing history of rebuttal or a history of not properly documenting uh oppositions or community member voices.

So this is just another reference.

If you have Arocha, then president of yes, sir.

That we do have a full notice that King Tan is opposed to this.

Yes, but it was stated earlier um that there was no opposition from Quintana Neighborhood Association.

That is not correct.

Well, we'll move on to the next because my time is interfering.

But if we can get a fact checked on that, because I did hear that as of today.

I just did it for the minutes for the last meeting for the last meeting?

Maybe not for the last meeting, but for this meeting.

So I will add that I did reach out to Mr.

Rocha yesterday and asked him to give me a response, and I did not receive one.

And again, I'm here on behalf of Arocha.

This is from his office from his desk.

Okay, will I get uh be able to get my time?

So this is into again lack of transparency.

I'm here missing time with my son.

I've had to get my mom to come and pick up my son so I can make this testimony to make this adequate.

Noted in the records that there is a strong opposition.

If you look through that packet as well, you'll see that there has been already uh amendments made towards this improvement.

It's showing that there's this um prestigious ambition that this will be approved moving forward.

Why invest everyone has the opportunity to invest into the property and make it um as appearable and cosmetically desirable on the streets?

But if you also look in that packet, you'll see that there's a list of other similar practices business in that same zip code 78211.

Now, Neilar Radal Highway is already becoming over oversaturated with industries similar to this operation.

Why add another one?

It as Al Rocha, the president of Quintana Neighborhood Association has mentioned these type of industries are just one step away from becoming another MRU MRE or AUPR as well as the other notice uh in there from a business that is 300 feet from this business.

Thank you Ms.

Rindon that's your time please look at the documents thank you.

Mr.

Al Raucha and then um Mr.

Frankie Ozuna Mr.

Frankie Ozuna and that is it for um speakers.

All right applicant will get a brief rebuttal yes oh yeah the owner would like to uh say something uh technically our rules require that only one person speak and that's the applicant's representative yeah we just want to mention that uh the proper procedure was followed and there was zero formal position uh we have more than 20 letters of support of the neighbors around and we have the existing certificate of occupancy as issued by development services which authorizes motor vehicle sales and full service so it's not a new business it's an existing legally operating business all right is that it thank you sir your app your representative will speak for you yes and also the planning commission recommended approval in the last week's session all right thank you so much all right this is a district four case uh commissioner pete rodrigues to you for questions uh mr jimenez uh can you or the representative you can call either one mr jimenez you can if you want to come up see the last time you were here I asked you the same I'm gonna ask you the same question how long have you been at this property operating at this property uh with this business the the milventy those 2022 yes doing the same thing yes sir and my business out of sales and full service I used to fix my car and sell it uh I and I have the support for all the neighborhood I own door by door by door over on my favor they are happy with me right there because before okay it's uh thank you mrindle um uh uh to city staff has there ever been any complaints or any violations uh for this property give us just a moment did you want to ask anything while we're trying to look this up I have a question for Miss Rendon can you please step up yes sir this business has been in established since 1922 uh why have you not come up prior to this prior to that I was actually in the service um and before that the I being born and bred from Quintana neighborhood this was not something we were taught this is something that I've had to learn to teach others in my community so they know what it means to advocate and and say no or come to these meetings.

So it wasn't accessible until I educated myself okay now when were you when did you get out of the circle?

Just one quick correction 2022 not 1922.

My apologies when when did you come out of the service?

2023.

Okay.

Why didn't you come forward in 2023?

Because when I first became noticed of this, it was February 2026 um I saw the signs going up and I attempted to make the phone calls, but every time I I called that line, I got a different type of either was non-operational, um the number was changed and if you go onto that slide, uh it it actually has a different number that's posted on the actual street um so there was just a lot of miscommunication.

Sometimes the sign was completely knocked down.

But again I've made the attempts and this is why it is my first time coming up.

It was made aware during the neighborhood association meetings and that's where I gave thinking that that's all I need to do but if the association was speaking on my behalf I could also come so it was kind of like double dipping.

Has anybody else from the neighborhood come forward?

Yes but everyone's working right now.

Everyone's working when would they come forward?

We had uh a it was consensus during the Quintana neighborhood association.

So we had uh one of the last meetings we had about 25 people and those were that's when it was asked um and again back in September it was asked so throughout the neighborhood association meetings that's when it when um or uh the vice president would ask consensus was given um in addition to that when I spoke with my neighbors it's more of a they're gonna do what they want anyways they're gonna expand they're gonna enlarge so why fight okay uh Mr.

Jimenez can you step up please uh just in response to your other question there was a UD uh a UDC zoning investigation done based it looks like it was based on a 311 call and back in February this year this year okay.

Was this prior to them requesting a name change I believe that's why they're yes they got red flagged number okay so that question was to staff so okay sorry anything commissioner Pete Rodriguez go ahead no questions at this time I'll pass my phone all right well thank you all right any further questions to my right yes Commissioner uh question for Ms.

Rendon why are you coming up thank you for your service uh what is your role in the neighborhood association?

Well right now Al's trying to recruit me for the president role um but right now I'm just uh member got you and did the applicant uh meet with the neighborhood association what kind of outreach was was done with y'all yes the applicant did reach out to directly to Al um opposition was given um Al then comes to the community and expresses uh relates what is told when you say he comes to the community you came to the meeting yes sir and he'll reach out to um people individually uh if we can't make it to the meetings okay okay but for my understanding I'll did reach out.

Thank you, Ms.

Rendon and to the applicant representative you want to uh what kind of outreach did y'all give and what have y'all done if I was just uh talking to the uh property owner and um there there was no communication so there was no the the owner didn't know about any opposition so that that it is it is not accurate that's not an accurate statement from from her okay and and do you have like a a question for staff just to do it question for staff uh what can you remind me what was the opposition and the uh the ratio there what was submitted so we before notices mailed four received in favor zero opposed um like I said the quintana no neighborhood association as of yesterday I hadn't received a response but apparently they do have a response outside 200 feet there were 24 that notices received in favor.

Okay thank you and thank you guys and then I'll make one comment just it's very important for those of you who are with neighborhood associations or neighborhoods you got to get your people to respond you have to get them to talk you got to get them to call in or email do whatever they got to do so we can have this uh on the record because that that goes a long way then I'm not saying that we don't believe people but I'm just saying that's what's on the record thank you all right thank you any further questions to my right questions to my left commissioner Sipes.

Question for staff um so this is an it appears that the the this is uh kind of trying to combine two zonings that that there was a portion of the site that was already zoned C3 that could have been used obviously for it what's being asked for and this is to um rezone the prop portion of the property that's C2 to C3, correct?

It's basically to consolidate.

So like you said, the inner portion is C3, the outer portion is a C2, and so he's wanting to rezone the entire property so it's one consistent zoning district.

Okay.

So a uh C of O or other things like that, that could have been for the portion that was already C3 and not necessarily intended for an expansion.

Correct.

Okay, thank you.

Um that's all the questions I have.

Thank you, Commissioner Sipes.

Commissioner Witsup.

Opposition or support, so the properties along McLaughlin uh 220 to 220 that adjoined the property.

Do we know whether any of them supported or opposed any comments from them at all?

Residential zoned RM4 tracks or three of them that actually adjoin it.

I guess that same question could be asked to the applicant.

Did you all talk to those properties specifically that are on McLaughlin that adjoined uh the property?

Did you get any feedback from them?

Maybe I got around the future.

Yes, uh the the property owner reach out to them and to the uh voting neighbors, and we have 31 signatures for support.

Oh, I'm I'm specifically asking about 222-22 uh and then maybe two twenty-four McLaughlin.

Let's go through that.

Yeah, uh so it looks like we did get one from two twenty-six in favor.

Um, yeah, maybe two twenty to eighteen.

Uh I'm just guessing on one of the lots.

Yeah, the owner has confirmed that they are in support the the neighbors to the back.

Those um three addresses, yes.

Yes, they're in support and we have their signatures.

So just to clarify too with the signatures and everything, um our regulation state law basically it is uh folks of the sim similar municipal tax role, so typically that's why we say ownership.

Um I think a lot of the folks were tenants, so we that's why you'll see a high number of those folks um outside 200 feet, the 200 or 24 in favor were usually folks within the proximity, but they were tenants, not owners.

So you don't know for sure that those are owners or tenants.

So I do see, sorry, I do see a Mr.

Um Asserta with 244 McLaughlin was one of the signers um that gave support that it is on that McLaughlin road.

We were just we were going off of what B can.

And can he confirm that those names with them as the ownership?

I mean that it doesn't look like all of them, not all of the ones were were the owners.

Okay.

So those three specifically adjoining it, you don't have any.

I see two twenty six, but that's the only one that I see that supported it.

All right, Commissioner Woodsett, is that it?

All right, thank you, Commissioner Double.

Uh yeah, it's a staff uh the planning commission.

Um they recommended approval.

Uh do we have anyone who has insights into their deliberation?

Why they recommend approval for that was there.

Um basically uh they do notice that there are many of these uses along um new Laredo, and so they felt that a community commercial would be appropriate.

Is there a way for us to get on the screen a visualization of the uh comprehensive plan land use designations?

Uh give us a moment, we can try to change to the one-stop map.

Uh staff, while we're pulling it up, staff recommended uh uh denial.

Um could you help re restate for me just to I we're getting leave them today.

Could you restate the basis?

What was the the crux of that recommended recommendation?

Yeah, the biggest thing is the um it's it's not um in line with the Kelly plan.

And so that although there are several C3s along there, and you can kind of see this one the way it directly abuts these residential properties is a concern.

Thank you.

And we have the land use uh comprehensive designations up.

So uh help me understand this.

Uh the proposed zoning is not consistent with neighborhood commercial, correct.

What area uh with the plan amendment would be uh given a higher intensity comprehensive plan designation?

Just the subject property, and what is that higher designation?

What is it called?

Community commercial, it's basically the one step up, so it would permit C2 base zoning.

So from here, what I see is that I don't see any community commercial to analogize to it.

It's all neighborhood.

I mean you can yeah, if if she was to zoom out a little bit more, that red is community commercial, okay.

I think that speaks a bit to why we were recommending denial for that as well.

Yeah, and just briefly to if you could explain what I know that this is zoning and not planning, but if you can help us out, uh, what is neighborhood commercial typically?

You know, and then what is uh oh my gosh, the other one the community commercial commercial, yeah.

Neighborhood commercial the the least intense um, you know, commercial land use, especially in a lot of these older plans, typically you would see smaller things like convenience stores, coffee shops, things like that.

And then the purpose of community commercial, slightly more intense uses, Mr.

Chair.

Can I interject real quick?

Uh we'll come back around to you for other questions.

Just a quick comment.

No, sir.

Other questions when we come back around.

We're we're gonna abide by the rules because we're going really long.

I'm done, forgive me.

Thank you.

Alright, quickly.

Um the original request and planning was for regional commercial, correct?

Correct.

Okay.

It went down to community commercial.

Correct.

Because C2 is the top zoning allowed for community commercial.

Correct.

They're asking for C3.

So that would not be allowed in community commercial, correct?

Correct.

Okay.

Are you applicants representative come up requesting to amend or are you seeking to amend your request today?

Yes, since the very first hearing we had amended to uh C2 C D.

Okay.

So that's a C2 C D.

I'm hearing C3, but we amended that is a previous two hearings.

I just wanted to make sure that's true right now, and we're here.

So that's with auto sales, full service.

Correct.

Okay.

That's the C D.

Alright, thank you.

We're coming back around.

Yes, Commissioner Pete Rodriguez.

That's what I was gonna say.

They're no longer asking for C3, they're asking for C2 C D.

Very good.

Any other questions to my right?

Questions to my left.

Yes, Commissioner Duble.

I'm sorry, uh the whole the whole.

Yeah, that would have good clarification.

Uh does that change the comprehensive plan?

Uh, the necessity of the comprehensive plan amendment.

So is a C2 allowed within neighborhood commercial?

No, it is only permitted in community commercial.

Okay.

So the plan amendment is still required to upzone that one lot.

Correct.

Alright, thank you.

All right, thank you.

Any further questions to my left?

All right, Commissioner Pete Rodriguez, to you for discussion and potential motion.

Public hearing is closed.

Um, the request, I believe Mr.

Jimenez is showing good faith effort to operate uh uh top re responsibility and comply with local requirements during the four years.

The business has been in operation.

The application, yeah.

I'm sorry, the applicant um has also received support from 24 nearby uh residents.

Based on these factors.

I recommend approval of the rezoning request to a C2 C D.

There is a motion for approval of item number two as amended to C2 C D uh auto sales full service.

Um is there a second?

I second.

Second by Commissioner Pond.

All right.

Uh discussion to my right.

Discussion to my left?

Yes, Commissioner Sipes, and then Commissioner Duble.

So I have a lot of trouble with this with the proposal.

And I think I think um Ms.

Ponce basically summed up what I'm I'm gonna say and it's you know trying to hold the line.

I live in an older neighborhood.

I understand how tough it is to get neighbors to uh respond and I understand how tough it is when you see the proliferation of of businesses that just seem to the excuse being well it's just one more well it's just one more and it's just one more and so I can't support this this uh motion with all due respect.

All right thank you Commissioner Sipes.

Commissioner Duble I with uh regards to the uh information staff provided about the um comprehensive plan what I think we have here is a misalignment between the long-term vision for the community and the existing conditions you can see on the screen right now there's a lot of C3 up there on that corridor all of which would be out of line uh with the current comprehensive plan so yeah you know there's two ways that we as a city respond to an issue like this uh number one we stick to the comprehensive plan and start nudging the development patterns towards the intended lower intensity of neighborhood commercial or uh two we uh throw it out the window and and say that what we really want is C3 and that the comprehensive plan was wrong.

Um I'm inclined to believe based on the information from the neighborhood that the comprehensive plan was not a mistake and that in fact the vision for this area is to move to lower intensity um so with that I I will not be able to support the the motion.

Alright thank you Commissioner Double any further comments discussion to my left discussion to my right yes Commissioner Hinahouse again I I really wish the neighborhood had really submitted more impact and I'm on I'm on the fence for this one.

Just because if if if we had more communication from the neighbors the direct neighbors and the neighbor association uh members that would definitely push me on one side or the other um but uh but yes thank you all right thank you Commissioner Heenosa further discussion yes uh we're gonna go Commissioner Huey then Commissioner Pete Rodriguez.

I just want to uh make it known um sorry thank you Mr.

Chair uh yes this is a difficult case um pretty complicated and yes if there were more neighbor neighbors coming out to speak to us to express their concerns it would be a lot easier but also understand too and I understand that residents in this area may not have the luxury of time to drive down here on a Tuesday or possibly even make phone calls because again uh there are things that people have to do in real life.

So again I understand the the situation and I agree with um my fellow commissioner Sipes and all it's like um we sometimes have to take a stand and perhaps this is the chance for us to do that.

All right thank you Commissioner Pete Rodriguez.

I tend to support the community I really do I like to hear what y'all have to say because I I have my own community that I speak for also as the president of as the president of the HOA in this case it is very difficult because Mr.

Jimenez has been there for four years now and this is his livelihood and you're uprooting it if this does not get approved he's gonna have to close business and you know uh part of it is already zoned, what it's supposed to be.

It's uh uh c two uh C2.

Uh he's just trying to get the other part our zone to match it and uh continue the business.

That's that's already established.

So thank you.

Alright, thank you, Commissioner Pete Rodriguez.

To my left further discussion.

All right, I will have the last word.

Um I am not gonna support the motion.

Uh, I think Commissioner Pete Rodriguez was partially correct in that um he can he doesn't have to go out of business.

He has that C through spot right there.

That is going to continue to exist.

He can continue to use that land for which he has a certificate of occupancy with a limit of one person at a time.

That's what that says over there.

Uh so I will not be supporting the motion.

Again, the motion is for approval of item number two as amended by Commissioner Pete Rodriguez with a second by Commissioner Pana.

Roll call vote, please.

Commissioner Pete Rodriguez?

Yes, Commissioner Pana?

Yes.

Commissioner Lose?

No.

Commissioner I know Hossa?

No.

Commissioner Huey?

No.

Commissioner Sipes?

No.

Commissioner Kelly?

No.

Commissioner Duval?

Nay.

Commissioner Witsett.

Yes.

Chair Bustamante?

No.

Motion fails.

Alright.

Motion failed.

Floor is now open for a motion for reconsideration.

Uh by anyone who voted no.

I would like to make a motion for a reconsideration.

All right.

Commissioner Hinojosa has moved to reconsider.

Is there a second?

Second.

Second by Commissioner Huey.

Uh discussion to my right.

Seeing none.

Discussion to my left.

Seeing none.

Roll call vote.

Motion for reconsideration.

Commissioner Inoza?

Yes.

Commissioner Huey.

Aye.

Commissioner Lose.

Yes.

Commissioner Pete Rodriguez.

Yes.

Commissioner Sipes?

Yes.

Commissioner Kelly?

Yes.

Commissioner Duval.

Aye.

Commissioner Woodsett?

Yes.

Commissioner Pana?

Yes.

Chair Bustamante.

Aye.

Motion carries.

All right.

Floor is now open for a motion by anyone for anything but approval.

Move to recommend denial.

Okay, there's a motion to recommend denial by Commissioner Duval.

Is there a second?

Second.

Second by Commissioner Hina Hosa.

Discussion to my right.

Seeing none.

Discussion to my left.

Yes, Commissioner Dubal.

Just briefly, same point.

General plan.

I think that provides us the vision for the way that this community should move.

Existing uses get grandfathered in.

But when the applicant comes and requests a change, uh comprehensive plan should be respected.

Alright, thank you so much.

Any further discussion to my left?

I've said everything I need to say.

Alright.

Motion is for denial of item number two by Commissioner Dubal with a second by Commissioner Hina Hosa.

Roll call vote, please.

Commissioner Duval.

Aye.

Commissioner Inahosa?

Yes.

Commissioner Losa?

Yes.

Commissioner Pete Rodriguez.

No.

Commissioner Huey.

Aye.

Commissioner Sipes?

Yes.

Commissioner Kelly.

Yes.

Commissioner Woodsett.

No.

Commissioner Pana?

No.

Chair Bustamante?

Aye.

Motion carries.

Alright, motion carries.

This is a recommending body.

That means that the applicant can go forward to city council with this recommendation and city council will do with it what they may.

They have six months to go to city council.

Thank you all so much.

And have a great day.

We are moving on now to item number four.

Good afternoon.

Forrest Wilson, principal planner with development services.

Item number four, located at 2814 Vera Cruz Street is a request from R5 residential single family district to an amended request of IDZ3 high-intensity infill development zone for three dwelling units with all overlays remaining the same.

Forty-nine notices were mailed, zero received in favor, zero opposed.

The El Charo and Brady, well, Brady Gardens, I think a uh Brady Gardens is opposed.

El Charo gave no response.

Outside 200 feet, there was one in favor.

Uh the existing R4 residential single-family is not appropriate for the is not an appropriate zoning for the property in the surrounding area.

The proposed IDZ3 high intensity infill development zone with uses permitted for three dwelling units is not appropriate either.

The property's size does not currently meet the minimum requirements for an R3 district.

So request for three dwelling units would represent excessive density for an already undersized lot.

Furthermore, all immediate surrounding properties are zoned and utilized for single-family residences.

And while the flexibility of IDZ is appropriate for the construction of one single family home introducing this level of density would increase traffic on a local street situated in an established neighborhood staff recommends denial and the applicant is present.

Alright if we get out of the applicant please or applicant's representative and Mr.

if you would give us your name and address for the record please.

Tell us about the project please I'm sorry tell us about the project okay so uh we are in a process or trying to build it is three units but it's actually we're building these out of metal containers the metal containers each one is eight by 40 which is a total of 320 square feet.

If uh if you look here so from here to here to this line that's one container and then we kind of have like a little scissor effect this is the beginning of the second container and it goes all the way to the back this area right here would be 160 square feet which is like an energy efficient you know dwelling this would be 320 square feet and then this would be 160 square feet.

So total of only 640 square feet two metal containers divided basically into three different units we under the IDZ we do comply with the parking we have a driveway we have enough for two vehicles to park there um you know the lot is empty we are trying to do something creative with it there's been a lot of dumping on the lots cost us a lot of money to to you know keep it clean and mowed and and um so that we don't get any violations from the city again I know it's multifamily and it you know but actually there'd only be like three people living there it's only you know they're so small they're energy efficient we're just trying to create something um good for the neighborhood I did bring uh originally we had proposed for four units cutting those two into four different dwellings but it was recommended maybe it would be a better uh if we reduced it to three and those photos um people were asking what do they look like I mean we're not trying to do something on the cheap end or anything I mean they're they're you know very appealing they've got nice looks to it I think it's actually good for the neighborhood um we do have a history of trying to keep our you know areas clean and and uh we're actually building a duplex at 2942 Dampico using the same type of uh dwellings all right thank you mr getter any public comment no public comment all right mr getter stay up there please um all right this is a district five case so it is to me for questions um mr getter you and I went and walked the neighborhood a couple of Saturdays ago that is correct okay we talked to two neighbors that is correct okay and they were both in favor that is correct you have two spots of parking on the apron there that is correct okay so that leaves and and our IDZ3 would require half of the normal parking would that be three correct okay so that would be one point five under ID Z that is correct okay where's the closest via bus station from here if you go um down Veracruz and um go to the left towards Laredo it's about nine blocks away and if you go toward Tualelupe it's five about five blocks away all right those are my questions.

Thank you.

Questions to my left.

Yes, Commissioner duble uh to step uh what's the acreage on the lot?

Square feet is a better.

Yeah um square.

It's only 18, 1,873 square feet.

That was gonna be my second question.

So uh how how did how do we get a lot so small?

How is it platted like that or how it most likely was platted before it it's a very old area, so this area was platted long before um zoning was even established, most likely.

Um, putting aside I to Z.

Um is there any way else to build on a lot this small?

Yes, um, well, one option that is a possibility is to get a certificate of determination, would not need the rezoning.

They would look at the history of the lot, but it would only permit one unit.

R1 is also another possibility for that square footage again, would only allow one unit.

But again, to confirm the lot is marketable through other means than an IDZ, it's just you couldn't have as many units on it correct.

Okay, thank you.

All right, thank you so much.

Uh before I move on, Miss Lyle, we had two commissioners leave, and I completely did not register that.

So let's start with Commissioner Kelly.

He left and returned.

Commissioner Kelly left at 420 p.m.

He returned at 423 p.m.

Commissioner Pete Rodriguez did leave at 423 p.m.

and returned at 426 p.m.

All right, thank you so much.

Questions to my left.

Yes, Commissioner Sipes.

Um I guess this is a question for the applicant.

Could you remind me again uh where the nearest via bus stop is?

I thought you said nine is it nine.

Well, it's like two blocks down Veracruz and then seven blocks up one way or two blocks down Veracruz and about three blocks the other.

Just don't point that at me.

That's my one request.

If you when you turn it on, point it that way.

Okay.

Yeah.

It goes down here.

Okay, that was that was all my questions.

All right, thank you, Commissioner Sipes.

Any further questions left?

Yes, Commissioner.

So quick.

Uh so you've done a couple of these in other lots in town that you own?

Yes, sir.

We're in a process right now at uh 2942 Tampico.

Uh we have a duplex there on that corner.

Um, but we stacked them, and we didn't want to do that here.

Uh the other 2942 is on a corner, and so it made more sense to stack them to get two units there, uh, but they're bigger.

So, you know, we're talking about twelve hundred and eighty square feet.

This would be only half of that, but we're putting them side by side so that we don't impede with the neighbors and you know get it too crowded in there.

I mean, it's it's only sixteen feet wide.

So you found no other uh option to build anything on here other than trying to.

Well, I mean there's always options.

Yeah, you know, we're like I said, we were trying to do uh it's still two containers.

Either way, however you chop it up, it's only two containers, which is eight by forty times two.

And so uh what we're trying to do is we originally had uh tried to get four different units, but we felt like well maybe we were gonna be asking too much, so we would drill it down to three to and hope that it would be more palatable.

All right, thank you, Mr.

Ghetto.

Any further questions left?

Questions right?

Yes, Commissioner Hinahouse.

Uh Mr.

Oh, yes, quick question.

So I this is kind of a new concept to me.

Uh the containers.

How you might have mentioned this, but I might have missed it.

How many residents or how many how many people per container?

Well, I mean, it's there are two units or a hundred and sixty square feet, and the other one's three twenty.

So I would say only probably one person would live in each one.

We're just trying to create affordable, good quality affordable housing in the area.

Okay.

And a question for staff, is would that be considered a duplex?

Could you repeat that question?

Would that be considered a duplex?

Oh, I'm sorry, it's it's three units or three containers.

It's two containers.

When you look at this, this is from here to here is one container.

From here to here is another container.

We cut out the middle to make this the bigger unit.

So this would be 320 square feet.

This is 160, and this is one sixty.

This these are smaller than the houses that are next door.

Those houses next door are 800 to 1,000 square feet, I would imagine, based on measurements that I looked at.

Well I'm sorry I'm still confused.

So it how many actual containers is it?

Two.

It's two containers, but you're dividing them up to three.

Correct.

That's a total of three units.

Three units.

Okay.

160 square feet three twenty and one sixty and each one is one bedroom yeah I mean the one sixties you're gonna have probably a futon in there or something and a bathroom a shower you know we're complying with all the fire uh hazard issues that may come you know come up because they're combined.

Um got you okay thank you very much yes sir all right any further questions right saying none questions left yes dual uh I uh caught in the staff report uh plan I mean there's another plan amendment right so similar to the previous case um I noticed the uh plan amendment uh requests a change to uh high intensity is that right correct it needs to be a mixed use to allow the IDZ and has to be a higher density just because that three units overall in that small of a lot increases the density and then this I mean currently it's uh what what is the current uh land use uh comprehensive land designation low low density residential and the surrounding I mean we don't have to pull up the map like you know again but uh the surrounding area is all low density or there are pockets of higher densities uh I believe it's all low density I'll double check right now all right thank you there you go okay so like where's the clue I mean this is really nestled within the neighborhood uh where's the closest um higher density that orange is basically the high density or the low density mixed use up north in that purple color got it all right so that was like a couple of blocks to the medium density um but I guess is it fair to say this would be the only high density it's like one lot yeah I agree it would stand out as unique to yeah okay all right thank you all right any further questions left further questions right all right and what did planning do they continued it okay all right uh as I mentioned thank you the public comment is now over for this item uh okay this item number four is a district five case so it is to me for discussion and potential motion uh I appreciate staff's recommendation of denial I understand why um one of the issues that I've been struggling with in this is that this is an R1 lot no question about it uh it was established well before there was R1 for the plan there was no R1 and because of the plan and the way that IDZ fits within the plan it does have to be high density residential or high density residential um is that correct Miss Anderson sorry high density mixed use high density mixed use I'm sorry I knew I was misspeaking um nevertheless to me this is kind of what IDZ is for uh allow people to experiment with infill development I know it's super intense uh but I'm curious to see what's gonna happen um so with that being said I am going to move for approval of item number four as amended is there a second not a second all right second by Commissioner Hinahosa discussion to my right seeing none discussion to my left yes commissioner duble uh I respectfully the uh difference between IDZ as a zoning tool and the comp in a comprehensive plan um it's big picture and then you know zoomed in specifics I don't disagree with the use of IDZ um in you know neighborhoods that are experiencing uh you know transition from old development patterns to new development patterns, you know, closer into the downtown.

I think it's really appropriate to use IDZ uh to get more density in those kind of a cases uh but here, this is not a transition zone.

It's in the middle of a an area that the comprehensive plan designates as as low density residential um so I I think that'd be an improper use, while not necessarily an improper use of IDZ potential arguably I I think it is an improper uh would be rather an improper use of uh the high density comprehensive plan.

All right, further discussion left.

Yes, Commissioner Sipes.

I also believe that this is a good use of IDZ.

I however I respectfully am going to not support the motion.

I think two units would be plenty.

Um, you'd use one container, eight by forty split into two units, and it would be um, it would give you that additional density, but not too much density.

All right, any yes, Commissioner Kelly.

Uh I would just second to what Commissioner Seipes said.

I I was thinking exactly the same thing.

I think two units in this area would work very.

I think I'd like you said uh Mr.

Chairman.

I think it would be interesting to see how this works.

All right, any further uh discussion to my left.

Yes, Commissioner Woods.

I'm gonna sign Ditto with them in terms of the density uh issue on it.

Very good.

All right.

Any discussion to my right?

Yes, Commissioner Hinoza.

I guess I like I would probably agree with with my other commissioners here, but the only thing is that these units are so small.

Um, I mean, you're not gonna have a whole family living in there.

So it's that that's where I this is that's where I stand, so I will be supporting it.

Thank you.

Obviously, I secondary.

I mean, you can change your mind, but it's not gonna make a difference uh as to what happens next.

No.

Um, all right, Commissioner Summer right.

Sorry, getting punchy.

All right, discussion to my right, discussion to my left, seeing none.

All right.

The motion is for approval of item number four as amended.

Uh with a second by Commissioner Hina Hosa.

Roll call vote, please.

Chair Wisdom, then Commissioner Nossa?

Yes.

Commissioner Lose?

Yes.

Commissioner Pete Rodriguez, yes.

Commissioner Huey.

Yes.

Commissioner Sipes.

No.

Commissioner Kelly?

No.

Commissioner Duval?

Nay.

Commissioner Woodsett.

Yes.

Commissioner Panna.

No.

Motion carries.

All right.

Once again, this is a recommending body.

Uh you are going on to City Council.

Uh so good luck to you.

Uh, again.

It was six to four.

Okay.

Would it was six?

If he had gone the other way, uh, you might have been stuck with two, at least for the recommendation.

Uh, all right.

Um, Commissioners, anyone want to take a break at this point, besides Commissioner Pana?

Because she's voting with her feet.

Um, yeah, okay, let's go ahead.

The time is 4 38.

Um, Commissioner Pana has left the hearing, and we are going to stand in recess for approximately seven minutes.

Thank you so much.

All right.

The time is 4 45, and this meeting of the zoning commission of the city of San Antonio is back in session.

Uh, next case, please.

Good afternoon.

My name is Samantha Benavides, zoning planner with development services.

Item number five is located at 2007 Frio City Road, going from C2 Commercial District to C2 CD commercial district with conditional use for parking and or storage long term with a fence height of up to eight feet, with all overlays being the same.

There were 32 notices mailed, seven in favor, two opposed.

Vietnam espadanza, Kelly Park Neighborhood Association is opposed.

Outside 200 feet, zero are in favor, twenty-two are opposed.

The existing C2 district is an appropriate zoning for the property in the surrounding area.

The proposed C2CD district with a conditioner use for parking and or storage long term is not appropriate.

The applicant is requesting a rezoning to permit vehicle storage associated with the record service.

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

If approved, this would introduce an industrial use into an area predominantly designated for medium intensity commercial and low density residential development, making it inconsistent with the existing character and development pattern of the surrounding area.

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

Very good.

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

Good afternoon, everybody.

My name is Janie Herrera, 2007 Frio City Road.

Indeed, empty properties, invite crime.

To clarify, we are requesting the zoning change to park vehicles from C2 to C2 CD parking long term.

Our intentions are to park and store vehicles on or about 10 to 15 days prior to send to auction for clients.

We are not in the business for long-term storage as regularly defined by public.

We operate only as short-term storage to repossess vehicles.

The lot is always moving vehicles.

It is a dynamic environment where long-term storage cannot function.

The subject property is located within the Lackland Air Force Base Awareness Zone Military Influence Area.

In accordance with the signed memorandum of understanding, JBSA has notified of the proposed request.

The military has indicated there are no objections to this request.

From the moment we took interest in purchasing the lot, we also began cleaning, getting rid of old clothes, debris that was trashed throughout the lot and cleared metal with a magnetic sweeper.

We collected countless screws, nails, and other small pieces of metal, which could potentially be a hazard to any person or vehicle enter the lot.

We cut and cleared out all overgrown branches and weeds that went untouched years.

This was accomplished prior to purchasing the property.

We went back to check on the lot a couple of days later to find many more piles of trash and debris that had been dumped on the lot.

In essence, the lot was used as a dump site by violators due to its accessibility from main thoroughfare and being unmonitored for so long.

So we now we're showing uh the way it was.

It's just a few photos uh prior to cleaning, and I too stepped in and uh praise the Lord for my strength.

I uh just went in and we were um uh working diligently to get this lot cleaned.

Once we purchased a lot, a company was hired to clear out multiple enormous piles of trash that included furniture, tires, huge oversized tree trunks, cinder blocks, and piece of um illegally dumped concrete.

This took several dump truck loads and trips, and it's a significant improvement from where we started.

At this point, we have taken it upon ourselves to have a temporary metal fence installed to keep folks from using the lot as a dump site.

The fence has served function, keeping illegal dumpsters at bay.

We regularly walk the property to maintain its cleanliness until we can proceed further.

Once completed, we have spoken with the neighbors and have informed them of our idea to use dark green privacy screens as part of the final fencing plans and uh photos of after the cleanup.

Awesome, beautiful, beautiful.

In February, we scheduled an appointment with the Office of District 5 councilwoman Castillo.

Staff reviewed our plans and gave direction with two days of meeting with their staff.

We followed their advice and attended the neighborhood association meeting.

At the meeting, the neighbors were very receptive to our plans and vision for the property at the time.

Many expressed how it was a positive to see the lot cleaned and improved.

At that time, we did collect names and signatures of neighbors who showed support for our plans to build out the corner and secure the property.

We have been in communication with the neighbors directly adjacent to the property and other neighbors with sight of the lot.

Neighbors who would be directly affected.

All we have been encouraging, knowing the benefits of having added security versus the seemingly abandoned feeling the lot has now.

The direct benefit to our backdoor back neighbors have been immediate.

After the cleanup of the bellighted lot, the neighbors have told us that they no longer see or experience rats, possums, or other rodents that was coming from inside of the derelict building and mountains of trash.

One of our direct back neighbors, an elder, has requested in writing his wishes to not have shrubbery or trees installed or but rested against the fence line.

A request we agreed with.

So photos, immediate impact of cleanup, stop illegal dumping, cleared vermin, discouraged loitering.

On follow-up with our visit with the neighborhood association, there are few people who have been vocal that we should not move forward with the project.

Contrary to what was told to us in person.

The main point that came across was the wishes for the property to follow a completely different path and plan that what was put forward by us primarily to keep the lot and zoning as is to allow future development that would include shopping and restaurant space.

We have tried to reach out to those vocal parties, and all attempts have failed at dissuading them from those ideas.

As a counter, we argue that Frio City Road will continue to be an industrial use corridor, a corridor primarily used by commercial vehicles over time.

There have been attempts to build out the area, but past development has gradually faded away due to one thing that is the life blood of the small business traffic.

Development currently in construction for Frio City Road, a train bypass bridge will further hinder any small business development.

Many of our surrounding business neighbors have already planned accordingly and have moved from the area by their own volition or by the financial incentives from the city.

We speak from experience.

First as a family and then as a business who has been in the area for decades.

We feel that our plan to continue to operate in the area is the best way to not only meet our demands for growth, but to keep our neighbors safe and continued presence and mindfulness.

As neighbors ourselves, we feel duty bound to the area to keep safe, secured, and clean.

We don't just work here, we live here, and that is something that we as a family and business can say wholeheartedly.

We know the neighborhood and the needs.

Thank you all for your time.

Familia Arceo SA Towing and Recovery LLC.

All right, thank you so much, Mr.

Thank you.

Uh, do we have any public comment?

Yes, we do.

All right, um uh Yvette Rendon.

Ma'am, if you would your name and address for the record.

My name is Yvette Rendon, and I'm at a 3327 Calle de Luz, um 7826 in the Via de Esperanza subdivision.

Um I personally walked the my subdivision and got over 33 signatures that are against for a petition.

And most of our neighbors do not want another towing company.

We are worried and have concerns about the toxic fumes from the vehicles being parked there, and angry people coming for their vehicles, even though it is their fault, upset and making trouble that can spill over onto our neighborhood, which is right next to the opening is right next to that towing company.

Our neighborhood association has been taking proactive steps to make our neighborhood a safer place to live.

We have made many calls to 311 on these vacant lots, put our names and numbers to vacant lots 1921, 1917 as well as to 007 for grass overgrown and illegal dumping dumping constantly calling every week.

It is not our fault that they didn't get to it right away.

But we always called.

Working with our safe officers as well, Officer Fisher.

We have put up signs that say slow down children and pets at play and wanted our neighbor our neighborhood to look nicer, and of course, we still have a lot to do.

First, we concentrated on safety.

Now we want to beautify it.

And the lot next, and the lot that wants to be there is not gonna work for these efforts, which is right in front of our subdivision.

Please help our mothers with strollers, children playing, kids riding bikes, children playing basketball, continue to be safe in our subdivision.

Please do not allow this toying company to set up there.

Thank you.

Thank you, Ms.

Next.

Mr.

Larry Garcia.

Do you not see him?

He is outside.

Oh.

Can we just call call out for him?

Garcia, Larry.

Let's go on to the next one.

We'll call them back.

Deborah Ponce.

Is she there too?

Anyway, next I have Maria Emilia Garcia.

Good afternoon.

My name is Maria Amelia Garcia, and I've been a lifelong resident of District 5 in San Antonio, specifically the Kelly Park section of the Via de Esperanzas Voluntary Neighborhood Association.

At first, I liked the fact that somebody was taking interest in cleaning up the lot and how it was presented to us, that they were gonna be doing all this and putting lighting and making it safer.

The city for whatever reason put bulky waste up a little bit further north.

And so our subdivisions get hit by trash when the bulky waste center is closed.

And we've complained to the 311 because when people drive across from town and they see that it's closed, they still have their trash behind them in their truck and their vehicle, and they don't want to take it back to their place.

So they find alleyways or dark areas in our area, and since we have the railroad tracks, that's another big incentive for them to toss.

There's been businesses there before that served the community, and this won't serve our community, it'll serve the city of San Antonio, people driving across town to collect their vehicles.

We respectfully request that you follow the denial recommendation, and we look for a different solution for this corner.

It's the entryway into the Viaz Esperanzas, a housing area that was started in the 1990s, late 1990s, and then Habitat for Humanity built even more additional homes on empty lot behind it.

So this is the main entry point for all the residents coming in and out, and I feel for them.

I live further north, I don't see it every day, but what I do see a Free City Road, it needs to be improved, not decline further.

Thank you.

Thank you, Miss Garcia.

Mr.

Larry Garcia.

Larry Garcia, 14, 42 minute feet.

Not related.

They're gonna have outside storage.

Uh without outside storage that type of business, they've got pretty good tall fences.

It's gonna kind of block the views.

And then uh they're saying that's gonna be three to five days before they get them out, but that's not the case all the time.

So we're you're gonna have a whole bunch of junk cars, and in that neighborhood, you're gonna probably have a lot of people hanging around there looking for opportunities to get into those junk cars.

So I would request denial.

Thank you.

Thank you, Mr.

Garcia.

And I believe she's left.

Oh, no, Miss Deborah Ponce.

This is this is what happens when we have a very busy dog.

People are outside.

As I shared earlier, we're we're really trying hard to make our side of oh, we're really trying hard to make our side of San Antonio um beautiful again because it was at one time.

Um so I am respectfully opposing um the zoning change that would allow a tow truck storage operation facility at the entrance of Espinanza neighborhood.

The proposed use is incompatible with the character and purpose of the residential community.

The entrance to the neighborhood serves as a gateway and creates the first impression for residents.

If you invite your family over, your friends over, do you really want to see a giant tow truck um set up right at the entrance of your neighborhood?

Um give them directions, you know where the tow truck place is, turn right there.

I mean, how you know that's awful.

Um, you know, allowing a business that stores tow trucks, tow truck cars, all of that, it's just a distraction and um difficult appearance.

It already has a poor appearance, and um it didn't before, you know.

Right now it's it's kind of nice right now, and they're working really hard on um trying to make it into a corridor.

So we I hope that you will please listen to their pleas and um again just give us some time so that we can we're just starting to organize like other sides of town do, and people are actually starting to learn to use their voices and to act, we're taking the time to learn how zoning works.

You know, give us a chance to work with our community so that we can make it pretty and when y'all come to SA Port SA, y'all will see nicer, nicer streets.

They're trying to do lots of enhancements there, but businesses don't want to come because it's ugly.

Well, what if it's not ugly?

Then what could we do with that with Port Essay in the future?

You know what could come to our side of town and help the businesses survive.

They're dying there.

We see restaurants close all the time.

So that's what I'm asking and pleading for you to please listen to these neighbors.

Thank you.

Thank you, Ms.

Bonson.

That's it for public comment.

Please, you have three minutes.

Tell us if you want to talk about anything else.

If you don't, that's cool too.

Oh, I can ask questions.

Okay, yes.

Um, so we have working, we speaking about uh with the they're gonna see tow trucks coming in, and it will so we will be having or willing uh wrought iron fence, and then it's going to be covered by this green uh fence uh covered.

So it's not like you're going to be seeing tow trucks all day and night because our hours of operation will only be from I believe from 8 a.m.

to uh seven.

So it's not, and then uh same for Saturday and closed on Sunday.

And uh between the way it was before and the way it is now, we are the cleanest lot.

We have been working diligently to have this clean lot, and I like we spoke, the the the fumes of the vehicles, we have our tow trucks uh service regularly where you don't see all these fumes.

There's a lot of fumes coming from the train that goes by, but from our trucks, tow trucks there uh service regularly where you don't see all those fumes, and it's going to be it it will not uh hinder any of the residents, particularly our backdoor neighbors, they have uh just uh extended and thanked us for for cleaning all that.

No one ever the slot was available, was empty for like over a year, and no one ever took the initiative.

Those piles were getting just larger and larger and larger.

And so, like I said, when we took interest, I just dove in and I just started cleaning even before the lot became ours.

And uh there is no way that uh so now we have purchased a lot and and this is what we will uh be using it for.

And if you go through any site of Frio City Road, including the entrance to it via Esperanza, it's uh uh it's not um a good site to see.

When I was before I even went Joe uh uh had entrance on that uh in that uh lot, I would drive by Frio City Road, and I want to go, oh no, I I don't want to I don't have no interest in trying to see what's in there or what kind of homes are in there because all the horms are they're uh they have zero curb appeal.

And if you look at our lot, that's a cleanest lot on the entire uh few blocks all the way up to uh almost near what Kelly used to be.

So uh we are doing everything we can, and like I say safety first, and to get it cleaned and and to uh not hinder anything, and just to um make a better uh place.

People drive by there and it's nice and clean, and the other ones are like the weeds are as tall as these uh columns right here, and and uh I've demonstrated with over with the photos as well.

Thank you.

Thank you, Mr.

Stay there, please.

All right.

Uh this is a district five case, uh so questions are to me.

I am going to ask everyone to just answer the question asked.

And if you do not, I might cut you off.

I am not trying to be rude, but we are in hour four of this meeting, and we have five more cases to go.

Um so I apologize if you think I'm being rude.

I am not.

I am trying to be efficient.

All right.

How many parking spots are on the amended site plan you have provided here?

Oh, the site plan?

Yes.

Um it's 74.

There's 74.

Yeah, okay.

Thank you, Samantha.

Thank you.

74 parking.

Yes, sir.

Okay.

How many cars do you typically store on a given day?

Um, about 50.

Okay.

That wasn't the number we talked about when we did a site visit, I don't believe.

I was told it was about 30.

Does that sound right?

Yes, sir.

Okay.

But we did have a site visit together.

Yes, sir.

Some of the neighbors who are here today were there.

Correct.

Okay.

Um we also talked about at that site plan uh basically having some space on the front to allow a toad crop to come in and not be on Frio City Road or uh car transport to not be on Frio City Road.

I don't see that reflected in the site plan.

Do you agree with that?

For the trucks not to park in the middle of the road.

Correct.

Correct.

Yes, sir.

Okay.

All right.

Um, I also have talked about repeatedly, and I know you mentioned the neighbors to the back about having some screening between this use and the other one.

All right.

Uh and and that's not reflected on the site plan either, right?

Right.

Okay.

Let me ask you, and then I'm gonna talk to the neighbors briefly.

I'm gonna give you a choice.

Uh I'm going to move either for a continuance or denial.

Which would you prefer?

What was that again?

I'm sorry.

I'm going to move eventually for continuance or denial.

Which would you prefer?

So, Chair.

You said just to answer the question.

I I wanted a site plan and and I asked you to send it to me that conforms to what I asked for and what we talked about.

And this isn't it.

I got this yesterday from the case manager, and this is not at all what I asked for.

Uh you are asking for a high intensity use in something that's an up zoning.

So right now that that's not something available to you by right.

I want certain things.

I want fewer spots.

I want access for the car uh semis effectively to come in and pull those off if they are not if they are not picked up.

I want screening so that you know there's some protection for the neighborhood and their concerns regarding beauty.

So my question, again, is I'm gonna move for denial or a continuance.

Which do you want?

And by the way, if I move for a continuance and you decide to go with the denial again, because this will be your second continuance, you can go on to city council with a denial, a recommendation of denial.

You can think about it.

I'm gonna call on Ms.

Rindle.

All right, thank you.

Thank you.

Rendon, you were at that uh meeting we had, correct?

A few weeks ago?

Actually, no.

Oh, Miss Garcia then.

Sorry, Ms.

Rendon.

I thought you were there.

I thought I wanted to say it.

Starting to delegate.

Okay, I apologize, Ms.

Garcia.

So you mentioned uh during your questioning that that you sort of had a change of heart.

Well, I mean, I appreciate small businesses and that.

I'm gonna say yes or no.

Yes, I had a change of heart.

Okay, perfect.

All right.

Does some of the things that I've talked about, trying to screen it off, making sure that there's access for the larger trucks that will come up and get these cars later?

Correct.

Does that help alleviate some of that concern?

The second gate so that they just go in and out, that would be helpful.

Again, it's to consider is the entryway to the subdivision and green screens, it was just gonna match all the other ugly corrugated metal, and we don't want to be like a highway.

I mean y'all had that discussion.

It's just going downhill.

Okay.

So let me ask this question.

Um, you know, do you agree that the property has improved since they took ownership?

Yes, but the previous owner should have cleaned it.

I agree with that.

All right.

Um, and so you know, I will tell you what I'm looking for here as a balance.

Yes, I understand.

Does that seem fair?

Yes.

All right.

Um but I don't live in that little section.

We have a combined neighborhood.

Thank you, Ms.

Garcia.

Uh Ms.

Rendon, you do live in that section.

Would you come up, please?

All right.

And so you've gone and you've gotten your neighbors to have 33 people who oppose this recently.

Yes.

Okay.

Do you agree that the properties improved since this took over?

Definitely.

Uh, do you think there's anything we can do to make this work?

Some kind of compromise.

I can't think of anything right now.

Okay, that's fair.

That might be why a continuance might be a great thing so we could through it a little more with a site plan that will be binding.

Do you think that might be helpful?

Saying here's what's gonna be there, and maybe it's not seventy-four cars.

I do not know.

Okay, that's fair.

All right, thank you so much.

All right, Miss Edetta, I don't want to use any more of my time, so you can answer now or I can come back to you after everyone else gets to ask questions.

Yes, Mr.

Okay, sure.

My question.

Very good.

To change uh, I'm going to uh I'm gonna say 30 days this time, okay, to July 7th.

If that's where I go, that's most likely to be my motion.

Alright, questions to my left.

Yes, Commissioner Double.

Uh can I get a uh neighborhood community representative?

Whoever wants to uh come up and come come on up.

Uh so if if I recall at the last, uh the last time this item came before us, uh we brought up the point about the existing C2 zoning and the alternative, right?

And uh what when you know the the the way it works, right, is that C2 means that if the uh the applicant uh didn't get what they were requesting, they could go and sell the property to somebody else who could build on it without any say from the zoning commission by right any use on C2.

And I think when we we at the last meeting, you'll recall we talked about uh auto lube, uh tire shops.

The question I I recall posing, I don't remember to whom, uh, but the question that I posed at the last meeting was uh would you prefer lube, a lube, you know, uh oil uh change, or the applicant's uh proposal with the uh suggested amendments to the site plan uh that the chair suggested.

So that's my question for you.

If if you had only two options, I know it's a it's a thought experiment, right?

If you had only two options, option one, any you know, lube and oil change, or the uh scaled down site plan.

Um which one would you prefer?

Of course it would be the the second one.

I'm sorry, uh, which one's that?