[CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT] [00:00:06] I. I CALL THIS PLANNING AND ZONING COMMISSIONER. REGULAR MEETING TO ORDER, AND THAT A QUORUM IS PRESENT AT 6:33 P.M. WE WILL ASK, COMMISSIONER NILA TO COME TAKE, COMMISSIONER GABRIELLA'S SPOT. YES. GABRIELLE. PUBLIC COMMENTS. NON AGENDA ITEM. PUBLIC COMMENTS. WHITE CARD COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON-AGENDA. REGULAR RELATED TOPICS FOR A LENGTH OF TIME, NOT TO EXCEED THREE MINUTES PER PERSON. AGENDA ITEM. PUBLIC COMMENTS. YELLOW CARD COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON-AGENDA AND AGENDA ITEMS COMBINED FOR THE FOR A LENGTH OF TIME, NOT TO EXCEED FIVE MINUTES. TOTAL PER PERSON ON ALL ITEMS EXCEPT FOR PUBLIC HEARINGS. COMMENTS ON PUBLIC HEARINGS. ITEMS MUST BE MADE WHEN THE ITEM COMES BEFORE THE BOARD COMMISSION, COMMITTEE, AND IT NOT EXCEED TWO MINUTES PER PERSON. NO ACTION OR DISCUSSION MAY BE TAKEN BY THE BOARD COMMISSION OR COMMITTEE DURING PUBLIC COMMENTS ON NON-AGENDA ITEMS TO ADDRESS THE BOARD, COMMISSION COMMITTEE, PLEASE COMPLETE THE WHITE OR YELLOW CARD AND PRESENT IT TO THE STAFF DESIGNATED PRIOR TO THE MEETING. ALL RIGHT. MOVING ON. PUBLIC HEARING. PUBLIC HEARING NUMBER ONE, CONDUCT A [PUBLIC HEARING] PUBLIC HEARING ON REZONING APPLICATION FOR ONE FOUR LOT ON FOUR ACRES, MORE OR LESS. AND BEING LOCATED AT 16 005 EAST US HIGHWAY 290 MAYNARD, TEXAS. A AGRICULTURE TO C2 MEDIUM COMMERCIAL, WE DO HAVE MR. FRITZ VAN NEST. I WOULD LIKE TO SPEAK. GOOD EVENING. HOW ARE Y'ALL DOING TONIGHT, MY NAME IS. OH EXCUSE ME. MY NAME IS FRITZ VAN NEST. I'M AT 10123 AXIS DRIVE IN BOERNE, TEXAS, I'M HERE TONIGHT TO SUPPORT OUR PROJECT OUT ON, ON HIGHWAY 290. OUR. WE'RE VERY EXCITED TO BE HERE AMONGST THIS. WHAT'S GOING ON OUT HERE? AND, WE'RE PROPOSING A SELF STORAGE FACILITY ON THIS FOUR ACRES OUT THERE, I'LL JUST GO THROUGH SOME OF THE HIGHLIGHTS REALLY QUICK AND THEN IF YOU HAVE ANY QUESTIONS YOU CAN ASK ME. LIKE I SAID, THE PROPERTY IS LOCATED ON THE ON THE EAST SIDE OF TOWN, IT WILL BE GATED AND FENCED. ALL OF OUR DEALS WILL BE SINGLE LEVEL. ALL OF OUR BUILDINGS WILL BE SINGLE LEVEL. WE WILL HAVE AN OFFICE THERE THAT WILL BE MANNED BY A THIRD PARTY MANAGER FROM 8 TO 5 MONDAY THROUGH SATURDAY, AND NOBODY WILL BE ALLOWED IN THE IN THE PROJECT AFTER 7:00 AT NIGHT, WE HAVE THREE MAINLY WE HAVE CLIMATE CONTROL BUILDINGS. WE DID A FEASIBILITY STUDY OUT HERE AND FOUND OUT THAT THERE THERE'S LACK OF CLIMATE CONTROLLED FACILITIES OUT HERE. SO WE'VE GOT THREE CLIMATE CONTROL BUILDINGS AND THEN WE'VE GOT FIVE SMALLER, DRIVE UP BUILDINGS THAT ARE TEN BY TEN. WE'VE DISCUSSED THE PROJECT WITH THE FIRE MARSHAL AND KNOW WHAT THEY NEED, THERE WILL BE NO RV OR BOAT STORAGE OUT THERE. THERE WILL BE NOBODY LIVING ON THE SITE. AND, LIKE I SAID, WE'RE REALLY EXCITED TO, TO BE HERE IN MAYNARD AND WOULD ASK FOR YOUR SUPPORT FOR THIS PROJECT. AND I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE. MR. MICHAE. OH, I HAVE TO HOLD THIS ONE. TESTING. ONE, TWO. CAN YOU HEAR ME? OKAY, SO THIS PROJECT IS GOING RIGHT NEXT DOOR TO THE COMMERCIAL PROPERTY WE JUST [00:05:01] REZONED TO C-3 WITH THE PREVIOUS PNC MEETING. THEY'RE ASKING FOR C2, WHICH DOES FIT THE COMPREHENSIVE PLAN FOR THAT AREA. AS THE COMMERCIAL CORRIDOR DIRECTLY NEXT DOOR TO THEM, TO THE WEST IS AN EXISTING SELF-STORAGE FACILITY. SO IT'S A USE THAT'S ALREADY THERE. IT'S NOT AS LARGE AS WHAT THEY'RE PROPOSING. IN CASE YOU DIDN'T KNOW, THE HANDOUT THAT'S BEEN PROVIDED TO YOU IS OF THEIR PROJECT. AND IN ORDER TO DO SELF-STORAGE IN C2, ZONING, THERE ARE CERTAIN CONDITIONS YOU HAVE TO MEET, NOT ALONG THE SAME LINES AS A SPECIFIC USE PERMIT, BUT YOU HAVE TO MEET CERTAIN CONDITIONS IN ORDER FOR A SELF-STORAGE TO BE ALLOWED ON THE PROPERTY. AND THAT'S DETAILED IN YOUR BACKUP. WE CAN GO THROUGH IT, BUT ONLY IF YOU'D LIKE. YOU SAID THERE'S ALREADY A STORAGE NEXT TO THERE. ARE THEY ARE THEY JUST GOING TO EXTEND THE STORAGE? ARE THERE. THESE ARE TWO DIFFERENT PROPERTY OWNERS. TO MY KNOWLEDGE, UNLESS. YOU WANT TO PLEASE. YES. I'VE HAD DISCUSSIONS WITH, EVELYN AT BLUE STAR, AND WE MAY TEAM UP TOGETHER A LITTLE BIT, BUT WE'RE IN. WE'RE IN, WE'RE IN IN, IN. WE BOTH AGREE WITH EACH OTHER, SO. YEAH, I SEE THERE WAS A CARETAKER FACILITY, ATTACHED TO THIS. THERE IS A THERE IS AN OFFICE ATTACHED TO IT, BUT WE WILL NOT HAVE ANYBODY LIVING OUT THERE. THERE WON'T BE A CARETAKER LIVING OUT THERE. WE'LL HAVE THAT OFFICE MANNED FROM 8 TO 5 MONDAY THROUGH SATURDAY. AND THEN, LIKE I SAID, THE PLACE WILL BE LOCKED UP AFTER 7:00 AT NIGHT. SO NOBODY WILL BE IN THERE AFTER NIGHT. SO, YEAH, THERE WON'T BE ANYBODY LIVING THERE TO PROVIDE CLARITY ON THAT. THAT'S A CONDITION. I'M ASSUMING YOU READ IT FROM THE BACKUP. THAT CONDITION IS ONLY APPLICABLE IF SOMEONE LIVES THERE. SO IF THERE'S NO ONE LIVING THERE, YOU DON'T HAVE TO MEET THAT CONDITION. YEAH BUT. SO ONCE YOU CLOSE YOUR DOORS AT 7:00, NOBODY WILL BE ABLE TO GET IN. SO SOMEBODY NEEDS TO GET SOMETHING OUT OF YOUR STORAGE. THEY'RE GONNA HAVE TO WAIT TILL THE MORNING THAT THAT WE DON'T WANT PEOPLE BACK IN THERE, YOU KNOW, SPEND THE NIGHT OR WHATEVER. WILL THERE BE A, LIKE, SECURITY AROUND THE PROPERTY? THERE'LL BE A FENCE ALL THE WAY AROUND THE PROPERTY. BLUE STAR ALREADY HAS A FENCE ON ON MY PROPERTY LINE. AND WE'LL PUT A FENCE ON THE OTHER SIDE ALL THE WAY AROUND, AND THEN IT'LL BE GATED IN THE FRONT. YEAH, SO IT'LL BE SECURE. THE OFFICE WILL BE. YOU'LL BE ABLE TO GET TO THE OFFICE WITHOUT GOING INTO THE GATE. BUT ARE ALL THE STORAGE UNITS, IN COVERED OR, LIKE, ENCLOSED? YES YEAH. AND CLIMATE CONTROLLED. YEAH. THERE ARE THREE BUILDINGS. TWO OF THEM ARE LIKE 20,000FT APIECE. AND THEN THERE'S ANOTHER ONE UP FRONT THAT'S LIKE 7500FT. AND THEY WILL BE ALL CLIMATE CONTROLLED. SO THEY'LL BE ENTERED FROM THE INSIDE. AND THEN IF YOU LOOK AT THAT PLAT THERE OR THAT SITE PLAN, THERE ARE FIVE SMALLER BUILDINGS ALONG THE SIDE THERE THAT HAVE THOSE PERIMETER STORAGE UNITS WILL BE ON UN NON CLIMATE CONTROL, BUT THE THREE MAIN BUILDINGS WILL BE CLIMATE CONTROL. CLIMATE CONTROL. THANK YOU. SO THOSE THOSE WILL BE DRIVEWAYS. YEAH. THANK YOU. AND THE ATTACHED OFFICE TO THE FRONT ONE. YEP. OKAY. IS THERE A CERTAIN REASON WHY YOU DON'T WANT TO DO RV OR BOAT STORAGE? BECAUSE I KNOW THAT IS A NEED AROUND HERE. SPEAKING AS SOMEONE WHO OWNS AN RV AND THE REASON THAT THE REASON WE DECIDED NOT TO DO IT IS BECAUSE WE HAD A FEASIBILITY STUDY DONE OUT HERE, AND ONE OF THE THINGS THAT THEY CAME UP WITH IS THAT YOU'RE SHORT OF CLIMATE CONTROL, UNITS OUT HERE, AND THERE'S LOTS OF BOAT AND RV STORAGE AROUND HERE. AND, YOU KNOW, I THINK IT LOOKS KIND OF JUNKY UNLESS THEY'RE INSIDE. SO WE'VE DECIDED THAT WE'RE NOT GOING TO HAVE ANY OUT THERE. BASICALLY, WE USE THE WHOLE SITE UP WITH THIS PLAN ANYWAY, SO THERE'S NO ROOM. ANYWAYS SPEAKING OF SOMEONE WHO LOOKED INTO STORAGE FOR MY RV THAT'S BIG, LIKE 42FT, IT COULDN'T FIND ANY IN MAINER. YOU COULDN'T? NO. AND HAD IT, LIKE, FOUND. THE ONE I FOUND WAS IN, LIKE, HUTTO AND LIKE, ROUND ROCK. SO AND I DID LIKE THE SITE FINDER TO, LIKE, LOOK FOR THINGS AND PUT ALL MY CONDITIONS INTO IT, YOU KNOW, SO YOU MIGHT ACTUALLY WANT TO RELOOK INTO THAT, BECAUSE I WOULD SAY THAT'S NOT ACCURATE FROM WHAT I WENT THROUGH, OBVIOUSLY, YOU KNOW, THIS IS THIS IS A PRELIMINARY SITE PLAN. SO WE'LL TAKE THAT INTO CONSIDERATION. I HAVE OTHER COMMENTS, BUT I'LL WAIT UNTIL WE CLOSE THE PUBLIC HEARING AND [00:10:01] OPEN THIS AS AN ITEM IN THE GENERAL SESSION. ALL RIGHT, COMMISSIONERS, DO WE HAVE ANY MORE QUESTIONS? NEGATIVE. GO AHEAD. WE CLOSE THE PUBLIC HEARING AND YEAH, I MOVE. WE CLOSE THE PUBLIC HEARING. I'LL SECOND HAVE A MOTION BY COMMISSIONER STETSON AND SECOND BY COMMISSIONER TERRY. ALL IN FAVOR? AYE MOVING ON. CONSENT AGENDA ITEMS. ALL OF THE [CONSENT AGENDA] FOLLOWING ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY PLANNING AND ZONING COMMISSION, AND WILL BE ENACTED WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSIONS ON THESE ITEMS UNLESS REQUESTED BY CHAIRPERSON OR A COMMISSIONER COMMISSION MEMBER, IN WHICH THE EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE, SEPARATELY. ALL RIGHT. CONSENT AGENDA, ITEM NUMBER TWO CONSIDERED DISCUSSION AND POSSIBLE ACTIONS TO APPROVE THE PLANNING AND ZONING COMMISSION MINUTES FOR AUGUST THE 14TH, 2020 FOR PLANNING AND ZONING COMMISSION REGULAR SESSION AND AUGUST THE 26TH, 2020 FOR PLANNING AND ZONING COMMISSION WORKSHOP. I MOVE APPROVAL OF THE CONSENT AGENDA. I SECOND, I HAVE A MOTION FOR SAY FOR ME ONE MORE TIME. MR. JEFFREY, STATE YOUR LAST NAME. STENCILING. STENCILING. COMMISSIONER STETSON, SECOND BY COMMISSIONER LEONARD. ALL IN FAVOR? AYE [REGULAR AGENDA] MOVING ON. REGULAR AGENDA ITEMS, CONSIDERING DISCUSSION AND POSSIBLE ACTION ON RECUSAL OF FELIX PIES FOR THE PLANNING AND ZONING CHAIRPERSON. COMMISSIONERS, AS MOST OF YOU KNOW, I'M NOT AFRAID TO SAY IT BECAUSE I'M RELATED TO PROBABLY EVERY PERSON IN THE CITY OF MAYNARD. SO EVERYBODY KNOWS BY NOW, I DID HAVE A STROKE ABOUT TWO MONTHS AGO, AND WE HAVE FOUND SOME A SMALL HOLE IN MY HEART, SO WE WILL HAVE TO GO IN AND FIX THAT. SO, AS YOU GUYS CAN PROBABLY HEAR, IT'S PRETTY HARD FOR ME TO KEEP TALKING, SO THAT'S WHY I'VE BEEN IN THIS TOWN FOR A LONG TIME. AND BEING A LEADER, I'M NOT AFRAID TO STEP AWAY AND LET SOMEBODY ELSE LEAD BECAUSE I DON'T KNOW WHAT THE NEXT FEW MONTHS ARE GOING TO HOLD AFTER THIS PROCEDURE. SO ONE, I APOLOGIZE FOR MY ABSENCE, BUT TWO, I, I DO PLAN TO STAY ON PLANNING AND ZONING. AND SO, THAT'S THAT'S WHY I LIKE TO KEEP YOU GUYS UP TO DATE. SO I TOTALLY OPPOSE THIS MOTION. AND NO APOLOGY NEEDED. YOU KNOW, I JUST WANT TO SAY THAT, LIKE, NO APOLOGY NEEDED. WE'RE GLAD TO PRIORITIZE YOUR HEALTH, AND WE'RE GLAD YOU'RE STAYING ON. I THINK I SPEAK FOR EVERYBODY. WE'RE REALLY GLAD YOU'RE STAYING ON BECAUSE YOU HAVE SUCH A WEALTH OF KNOWLEDGE OF MAINER, AND WE NEED YOU, SO DON'T LEAVE US JUST YET, BUT, YEAH, DO WHAT YOU GOT TO DO. YEAH. IT'S GOOD TO SEE YOU UP AND KICKING. YEAH, WELL, THE KICKING PART. I DON'T KNOW ABOUT YET, BUT. YEAH, WE'RE. I'M UP. I'VE BEEN MOVING, SO. YEAH, IT'S BEEN A LONG COUPLE MONTHS, BUT I APPRECIATE YOU GUYS. I APPRECIATE YOU GUYS BEING PATIENT WITH ME. AND, WELCOME TO JEFFREY. THE NEW COMMISSIONER. I'VE FINALLY GOT TO MEET. YEAH. SO, WITH THAT, CAN I GET A MOTION FOR THIS? I GUESS I'LL MOVE AND LET HIM MOVE ON. YEAH. HOLD ON. READ FOR IT. SO, UVA, I HAVE A QUESTION. WHAT IF THEY SAID NO? YES, I HAVE TO STAY. YEAH. OR RESIGN. OKAY YEAH. YEAH, YEAH. WE'LL LET YOU STEP THIS ONE TIME. ALL RIGHT. I'D LIKE TO SECOND THE MOTION WITH REGRET. OKAY. ALL RIGHT. I HAVE A MOTION BY COMMISSIONER TERRY. SECOND BY COMMISSIONER CECIL. ALL IN FAVOR? AYE. OPPOSED MOTION PASSES. ALL RIGHT, MOVING ON. YEAH. MOVING ON TO NUMBER FOUR. CONSIDERATION AND DISCUSSION AND POSSIBLE ACTIONS ON CHOOSING A NEW PLANNING AND ZONING COMMISSION. [00:15:01] CHAIRPERSON. I NOMINATE COMMISSIONER MEYER. COMMISSIONER MEYER HAS BEEN HERE. WELL, I MY SHORT THREE MONTHS HERE AT THE COMMISSION. COMMISSIONER MEYER'S BEEN HERE, QUITE A WHILE, TOO. AND, IT'S JUST ONE MOVE OVER FOR HIM. IT'S ONE SEAT. I'M NOT SURE I'M THE RIGHT PERSON TO. AND I WOULD REALLY LIKE TO COUNTER WITH SOMEONE THAT IS MORE, A BETTER SPEAKER THAN I AM. AND I WOULD PREFER TO, WELL, ASK NOT TO ACCEPT THAT AND DECLINE TO MAKE A FURTHER MOTION. THAT MR. STINSON BE THE OKAY CHAIR. I'LL ACCEPT THE NOMINATION. CAN I SHARE BOTH THE COMMISSION AND THE COMMITTEE? OKAY MEANS I CAN'T MAKE AS MANY MOTIONS AS I USUALLY DO. YEAH. YES, SIR. YEAH EVEN THOUGH I'VE BEEN ABSENT, I'VE BEEN WATCHING THE MEETINGS BECAUSE IT'S, YOU KNOW, SITTING AT HOME FOR TWO MONTHS IS GETTING KIND OF BORING. SO PLANNING AND ZONING AND CITY COUNCIL MEETINGS ARE PRETTY EXCITING. SO, AND I'VE DONE WENT THROUGH ALL THE NETFLIX SERIES. SO. YEAH, I WILL HAVE TO AGREE WITH COMMISSIONER CECIL, I WILL SECOND THAT MOTION, WE HAVE A MOTION FOR COMMISSIONER. I'M. I'M GONNA GET ABOUT STENCILING. STENCILING, AS THE NEW CHAIRPERSON, I HAVE A MOTION BY COMMISSIONER MEYER, A SECOND BY COMMISSIONER PIES. ALL IN FAVOR? I OPPOSE. HERE WE GO AGAIN. ALL RIGHTY. THANK YOU GUYS, I'M GOING TO SWAP SPOTS WITH YOU. THAT'S OKAY. JUST BECAUSE YOU GOT THAT NICE MIC. THANK THERE WE GO. OH OH. OKAY. THANK YOU EVERYONE, AS WE PLAY MUSICAL CHAIRS, AND THANK YOU, FELLOW COMMISSIONERS, FOR ENTERTAINING MY NERD OUT MOMENT. OH, I'LL USE THIS THIS, ENVELOPE, AND THEN I'LL HAVE THAT FOR THE NEXT COMMITTEE. THANK YOU. SO MUCH, WITH THAT, WE WILL MOVE ON TO ITEM FIVE, WHICH IS. OH, IT HAS. I HAVE A CHEAT SHEET OVER HERE, Y'ALL. THAT WAS A GOOD. OH, THAT WAS ON THE CONSENT AGENDA. NO, NO NO, NO, HERE WE GO, HERE WE ARE, THIS NEXT ITEM IS ITEM FIVE. IT'S CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON A REZONING APPLICATION FOR ONE LOT ON FOUR ACRES, MORE OR LESS. AND LOCATED AT 16005 EAST US HIGHWAY 290, IN MAYNARD, TEXAS, REZONING IT FROM A AGRICULTURAL TO C TWO MEDIUM COMMERCIAL. THE APPLICANT IS FORESITE, THE OWNER OF WHITE OAK DEVELOPMENT, AND THIS IS OPEN FOR ENTERTAINING A MOTION. I BELIEVE YOU HAD QUESTIONS. OH, I'M SO SORRY Y'ALL I DO. I HAVE, ITEMS. I HAVE, COMMISSIONERS. I CAN CALL THE TWO SPEAKERS HERE. WE HAVE ANDY. ANDY GRAHAM IS HERE ON BEHALF OF KIMLEY-HORN. THAT'S THE WRONG AGENDA. NO, THAT'S THE WRONG AGENDA. THAT'S ITEM EIGHT. OKAY, I AM GOOD. I APOLOGIZE. I'LL OPEN UP THE FLOOR FOR A MOTION AND THEN WE'LL GET INTO THE QUESTIONS. IF THAT'S OKAY OR SHOULD I? CAN I ASK QUESTIONS BEFORE YOU SAID YOU HAD QUESTIONS? OKAY EVEN BETTER. I HAVE A SESSION TOMORROW TO WATCH, SO IT'LL BE FUN, ONE OF THE QUESTIONS I HAD WAS ON THE SALES TAX REVENUE FOR THIS. THIS IS IN THE COMMERCIAL CORRIDOR SECTION OF THE OF THE NOT JUST OUR, OUR FUTURE LAND USE MAP, BUT ALSO DESTINATION 2050, WHICH REALLY CALLS FOR LIKE A LARGE MIX OF RETAIL, LIKE 70% RETAIL, 10% OTHER. YOU KNOW, 30% OF THE OTHER IS BROKEN INTO THREE DIFFERENT CATEGORIES. BUT BUT SELF-STORAGE DOES NOT GENERATE SALES TAX REVENUE. IS THAT CORRECT? WELL THEY ARE THEY ARE RENTING FROM US. SO ASSUMING WE'RE PAYING SOME SALES TAX, NOT IN THE STATE OF TEXAS, NOT IN THE STATE OF TEXAS. NO, NO. IS THAT IS THAT A CORRECT ASSUMPTION OR. I DON'T KNOW IF I [00:20:03] SHOULD ASK. I'M NOT SURE, OKAY. I THOUGHT THEY DID, BUT, AND I ALSO HAVE A QUESTION. LET ME GO TO IT. THIS WAS SO, YOU KNOW. YES. I'M SORRY. NO PLEASE GO. I WAS GOING TO SAY THAT SELF-STORAGE TYPICALLY IS, IS PRETTY EASY ON A CITY THAT WE DON'T USE A LOT OF UTILITIES. YOU KNOW, THERE'S NOBODY LIVING OUT THERE. WE BASICALLY HAVE ONE BATHROOM ON THE SITE. SO, YEAH, THERE ISN'T A LOT OF DRAIN ON THE CITY'S, SYSTEMS. OKAY OKAY, THAT WAS MY THAT WAS MY PRIMARY QUESTION TO ANSWER YOUR QUESTION. AND AFTER A QUICK SEARCH, IT SAYS WHILE SALES TAX IS NOT COLLECTED FOR THE RENTS OF SELF-STORAGE UNITS, SALES TAX MUST BE COLLECTED ON ALL RENTS AND CHARGES RECEIVED FOR A VEHICLE OR TRAILER PARKING OR STORAGE. CORRECT. AND AT CURRENT PLANNING, THIS IS OR THE CURRENT PRELIMINARY DESIGN. THERE IS, AS HE STATED IN THE PUBLIC HEARING, THERE IS NO PLAN FOR ON SITE VEHICLE STORAGE, WHICH WOULD BE A SALES TAX GENERATOR FOR THE CITY. REALLY SO IF I PUT RV AND BOAT STORAGE OUT THERE, THAT'S A SALES TAX GENERATOR FOR THE CIT, ACCORDING TO A QUICK SEARCH. YES, SIR. YES, I CAN TELL YOU, I, I PAY A MONTHLY STORAGE FEE ON AN RV AND A CAR. I PAY TAXES ON BOTH, SO I DON'T, I DON'T I THINK IT'S ALL SALES TAX GENERATING JUST BASED ON DOING SOME SEARCHING MYSELF AND PAYING THAT EVERY MONTH. I ASKED THIS ONLY BECAUSE I KNOW THAT SALES TAX REVENUE HAS BEEN A LARGE CONCERN OF THE COUNCIL, ESPECIALLY IN RECENT MONTHS. WE HAVE A LOT OF COMPRESSION HAPPENING AND A LOT OF PRESSURE ON THE BUDGET FROM, FROM THE STATE LAWS FOR OTHER SOURCES OF REVENUE FOR THE CITY. SO, WE'RE TRYING TO BE MINDFUL OF THAT IN OUR RECOMMENDATIONS, AND ALSO FOR KNOWING THAT THIS IS GOING TO BE NEXT TO ANOTHER EXISTING SELF-STORAGE UNIT THAT IS ALSO THE SAME SETUP, A SIMILAR SETUP. IT'S A DIFFERENT IT'S NOT CLIMATE CONTROLLED. IT'S BUT IT'S A SIMILAR OPERATION, I'M TRYING TO MAKE SURE THAT WE DON'T HAVE EACH FOUR ACRE PLOT ALLOTTED IN THE CITY. YOU KNOW, AS WE BEFORE WE RUN OUT OF FOUR ACRE PLOTS AND THEY'RE ALL THE SAME, SAME USE. AND I THINK THAT'S A GREAT POINT, OTHER THAN WHERE IT'S AT NOW WITH AGRICULTURAL, THERE'S PROBABLY NO SALES TAX ON ANYTHING THAT'S PRODUCED. NO CULTURAL EITHER. AT LEAST IT GETS TURNED OVER AND THE PROPERTY TAX PORTION OF IT WILL GET CHANGED. BECAUSE I KNOW ON MY RANCH, YOU KNOW, WE GET HUGE BREAKS ON THE AGRICULTURAL EXEMPTION PART. SO I MEAN, TO THAT EXTENT MAYBE IT IT MIGHT EVEN OUT A LITTLE BIT TO A DEGREE. ALSO THERE ARE OTHER AREAS DOWN OLD HIGHWAY 20 WHERE THERE ARE INDOOR STORAGES, THAT DON'T DO RVS. NEXT TO OUTDOOR STORAGES. I KNOW BECAUSE I'M AN OUTDOOR STORAGE, AND I WISH I COULD AFFORD THE INDOOR, BUT, WE HAVE SEVERAL OTHER VERSIONS OF THAT WHERE TWO STORAGE UNITS ARE RIGHT TOGETHER, ALREADY IN THE CITY. SO, AND HONESTLY, LIKE, THEY'RE BOTH FULL, RIGHT, THEY ACTUALLY HAD TO MAKE ROOM FOR MORE AT THE ONE THAT I'M AT, BECAUSE THE DEMAND WAS SO HIGH. SO THEY PUT IN LIKE LITTLE DIVIDERS TO MAKE MORE ROOM FOR A WHOLE NOTHER ROW, BECAUSE THE DEMAND IS DEFINITELY THERE. SO I AGREE THAT, LIKE, THIS IS TO ME IS A NO BRAINER. WE SHOULD DEFINITELY DO THIS. IT GENERATES SALES TAX, WHEREAS IT'S AGRICULTURE JUST SITTING THERE AND IT'S NOT GENERATING ANYTHING. WELL IT GENERATES PROPERTY TAX WHEREAS RIGHT. BUT NOT LIKE SALES LIKE OUR GOAL IS TO HAVE GOOD SALES TAX. YOU KNOW, HEALTHY SALES TAX TO REINVEST. AND YOU KNOW BLUE STAR IS A VERY SMALL THEY ONLY HAVE LIKE THREE BUILDINGS OUT THERE. THEY'RE VERY SMALL. FACILITY. YEAH. THEY HAVE MAINLY OUTDOOR STORAGE BUT THEY HAVE WILL YOU BE SELLING BOXES, TAPE OTHER THINGS. WE HAVEN'T DECIDED THAT YET. SO YOU POTENTIALLY COULD BE WE POTENTIALLY COULD BE DOING LIKE WHAT YOU TOLD US. YEAH, WE DEFINITELY I'M SURE WILL. YEP. OKAY. SO WHICH WOULD THAT GENERATE A LITTLE BIT OF SALES TAX. YEAH OKAY. SO HOW LONG DO YOU THINK THIS WOULD TAKE YOU TO FROM START TO FINISH TO BUILD THIS OUT? WELL, IF EVERYTHING GOES SMOOTHLY HERE, AND WE GET THROUGH THE COUNCIL MEETING NEXT WEEK AND THEN ON THE FIFTH, I THINK IT IS OF OCTOBER, THE 2ND OR THE 2ND OF OCTOBER. THEN WE'LL GO RIGHT INTO, PRODUCING A SITE PLAN AND THE GRADING PLAN, WHICH WILL PROBABLY TAKE A COUPLE OF MONTHS. I MEAN, MY GOAL IS TO HAVE US UNDER CONSTRUCTION BY FEBRUARY. OKAY. WILL YOU HAVE ONE ENTRANCE AND ONE EXIT? LIKE, IT'LL ONLY BE ONE WAY IN AND ONE WAY OUT. AND IS THAT COMPLY WITH FIRE SAFETY? APPARENTLY IT DOES. WE'VE TALKE. OKAY, CARLSON. AND WE KNOW WHAT [00:25:04] THEY NEED OUT THERE AS FAR AS WATER. AND YES, HE WAS OKAY WITH THE ONE ENTRANCE, SO. OKAY WHERE DOES THE THAT BACK ASPHALT PIECE PAST THE FIFTH BUILDING THERE ON THE EDGE, ON THE EASTERN EDGE OF YOUR PROPERTY, GO TO. IS THAT JUST FOR A BACKUP AND PULL OUT SECTION ON YOUR ON YOUR PLAT THAT YOU SUBMITTED TODAY IS LATE BACKUP BACK HERE. YEAH LATE BACKUP. IS THAT JUST FOR. IS THAT FOR A THREE POINT TURN. YEAH. THIS IS IF YOU COULD PLEASE FACE THE MIC HERE AND THEN WE WILL HAVE A DETENTION POND BACK HERE. OKAY. SO THIS IS SET UP FOR THE DETENTION POND. AND THAT'S EXACTLY WHAT THAT'S FOR. THANK YOU. FIRE TRUCK OUT OF THERE. SO WILL YOU USE THE SAME ENTRANCE AS BLUE STAR ALREADY THERE? OR YOU WILL HAVE YOUR OWN ENTRANCE. I'LL HAVE MY OWN ENTRANCE. BUT WE COME OFF. THERE'S ONE ENTRANCE FOR BOTH OF US, OFF OF 290. AND THEN THEY GO TO THE RIGHT. WE'LL GO TO THE LEFT. OKAY THOSE ARE ALL MY QUESTIONS. I'M ASSUMING THE TRAFFIC IS PROBABLY NOT GENERATED ENOUGH FOR YOU TO NEED A TIA. IS THAT CORRECT? NO, NO. LIKE, JUST MAKE A POINT TO IS THAT, THERE OR THE COST OF STORAGE IS BIG GOING UP QUITE CONSIDERABLY. AND SO I WOULD ENCOURAGE SOME COMPETITION. THIS WILL HELP A LITTLE BIT. OKAY ALSO COMMISSION SOMETHING TO CONSIDER ASSUMING THIS DOES PROCEED ANY TIME SOMETHING ELSE IS PRESENTED FOR C2 ZONING OR EVEN C3, REMEMBER YOU HAVE THE OPTION TO LIMIT WHAT USES ARE ALLOWED IN. OH, I HAVE A LIST. BUT ASSUMING THIS DOES PROCEED IN THIS STORAGE UNIT DOES ULTIMATELY COME INTO EXISTENCE. IF ANYTHING ELSE COMES DOWN, THE LINE AND IT'S NOT SOMETHING IN LINE WITH WHAT YOU SEE FIT, WHAT THEY PRESENT TODAY NEEDS TO BE TO THAT QUESTION. IF WE THAT WE ARE THIS MOTION IS TO APPROVE C2 ZONING WITH THE CONDITIONAL USE OF MINI STORAGE. CORRECT. OR IS THIS JUST TO BECAUSE IT'S A CONDITIONAL USE FOR THIS PROPERTY FOR THAT, FOR THAT PARCEL WITHIN OUR ZONING CODE? YES. IT'S ALREADY A CONDITIONAL USE. SO IF YOU APPROVE THE C2 ZONING, IT HAS TO ADHERE TO THOSE CONDITIONS. YOU DON'T HAVE TO ADD THAT TO THE MOTION OKAY. SO IF WE WANTED TO MAKE SURE THAT IT DOESN'T GO THROUGH A C2 ZONING TODAY PRESENTED BEFORE ALL OF US VERY NICELY IS AS SELF STORAGE. AND THEN IT TURNS INTO ONE OF OUR OTHER 20 CATEGORIES. WE NEED TO EXCLUDE THAT OR WE NEED TO RECOMMEND EXCLUSION OF THAT ON THE MOTION. IF THERE'S ANYTHING SPECIFICALLY THAT YOU DON'T WANT IT TO BE USED FOR, BECAUSE THIS IS ULTIMATELY A ZONING HEARING, NOT THEIR SPECIFIC USE HEARING. CORRECT. YOU WOULD HAVE TO ADD THAT IN YOUR MOTION THAT WE DO THIS, BUT WE WILL NOT ALLOW THIS. ALRIGHTY I KNOW THAT WE ROUTINELY HEAR COMPLAINTS ABOUT THE NUMBER OF CONVENIENCE STORES AND GAS STATIONS. YES, WE HAVE QUITE THE REPETITION AND THAT'S IN THE AREA. THAT'S INCLUDED IN THIS. DESIGNATION. GAS STATIONS DO REQUIRE A SPECIFIC USE PERMIT. SO EVEN IF THEY GOT THE ZONING, THEY WOULD HAVE TO COME BACK AGAIN TO GET A SPECIFIC USE. SO THE ONES THAT ARE MARKED S ON THAT SHEET OR ON THAT CHART THAT'S PULLED FROM THE ZONING CODE, THOSE ARE THE ONES THAT WOULD REQUIRE AN ADDITIONAL LEVEL. BUT ALL THE OTHER ONES THAT ARE MARKED C FOR CONDITIONAL THOUGH, IF WE CHOSE THAT, THAT'S NOT SOMETHING WE WOULD LIKE TO SEE IN THIS SPECIFIC PARCEL. WE WOULD NEED TO INCLUDE THAT AS AN EXCLUSIONARY ITEM. THAT IS CORRECT. ALL RIGHT. THANK YOU. SINCE WE KNOW YOU KNOW, SOMETIMES THEY DON'T KNOW, RIGHT? THEY COME AND THEY WANT ZONING, BUT THEY DON'T REALLY KNOW WHAT'S GOING TO GO GO THERE. RIGHT THIS TIME. THEY DO. THEY HAVE RENDERINGS. IT'S AMAZING. I ASKED WE'RE GOING TO DO. YEAH I ASKED FOR THIS ALL THE TIME BECAUSE IT'S YEAH, COO, COOL. SO SINCE WE KNOW THIS TIME. RIGHT. WHICH IS NOT USUAL SINCE WE KNOW CAN WE JUST DO THE MOTION, SAY STORAGE UNIT. AND THAT'S THE ONLY USE THAT WILL PERMIT? I WOULD NOT ADVISE THAT BECAUSE IF YOU PROVIDE THAT STIPULATION, SAY THEY SELL THE PROPERTY DOWN THE LINE AND SOMEONE ELSE COMES IN, THEY'D HAVE THEY'RE LOCKED INTO STORAGE UNIT AND THEY'D HAVE TO COME BACK HERE AND GO THROUGH ALL OF THIS AGAIN. AND IF THE MARKET CHANGES AND ALL OF A SUDDEN IT'S GREAT FOR A SHOPPING CENTER, MAYBE NOT FOR VAPE SHOPS OR LIQUOR STORES OR GASOLINE STATIONS, WHICH ARE LITERALLY WITHIN A MILE OF THAT LOCATION. MAYBE WE COULD EXCLUDE THOSE DURING THIS MOTION TO BALANCE THE BALANCE. THE EASTERN EDGE OF [00:30:01] THE OF THE CITY. YEAH. I WOULD HAVE TO AGREE WITH COMMISSIONER LEONARD, YOU KNOW, WE ASKED FOR THIS ALL THE TIME WHEN WE APPRECIATE YOU BRINGING THIS BECAUSE 99% OF THE TIME THEY JUST SAY, HEY, WE WANT TO TAKE THIS AND DO THIS, AND WE HAVE NO CLUE WHAT THEY'RE ABOUT TO PUT THERE. SO I DO APPRECIATE THAT, BUT I DO IF THIS GENTLEMAN IS ABOUT TO PUT THIS STORAGE UNIT HERE AND THEN, AS YOU SAY, YOU BROUGHT YOUR SON, I'M ASSUMING YOU SOMETHING. YOU'RE JUST GOING TO PASS IT ON DOWN THE LINE AND KEEP AND KEEP GOING. SO THAT'S WHAT WE'RE GOING TO DO. I'D RATHER THEM COME BACK TO US IF THEY WANT TO CHANGE IT. YEAH I'D LIKE TO PROPOSE A MOTION. WHAT WOULD A MOTION LIKE THAT LOOK LIKE WITH JUST SAYING WE APPROVE IT, BUT ONLY FOR ONE SPECIFIC USE CASE. YOU WOULD. YOU COULD, RECOMMEND APPROVAL OF ITEM FIVE IF THE RECLASSIFICATION FROM AGRICULTURAL TO C2 MEDIUM COMMERCIAL WITH THE SOLE USE OF MINI STORAGE OR OTHERS THAT YOU'D WANT TO PICK OFF THE LIST, IS IT BETTER TO EXCLUDE ALL THE THINGS THAT WE DON'T WANT, OR TO JUST SAY WHAT HE SAID? WE'VE NEVER MADE A MOTION LIKE THIS. CAN I ASK A QUESTION? WHEN YOU DO THAT? THE MINI STORAGE WOULD THAT INCLUDE RV AND BOAT STORAGE TOO? YES, THAT'S ALL THE SAME. IT'S ALL THE SAME. STAFF ANSWER BECAUSE YOU GOT ME THINKING ABOUT THAT NOW. THAT'S THE ONLY STORAGE DESIGNATION WE HAVE ON C2. SO THAT WOULD BE MY ENCOMPASSED. IT WOULD BE YOUR ASSUMPTION THAT I CAN DO THAT. YES, SIR. YEAH MY ONLY WITHHOLDING IS AT THAT POINT, IF WE'RE RESTRICTING EVERY USE. BUT ONE IN A ZONING DOES THAT REALLY CLASSIFY IT AS ZONING? IT'S MORE LIKE WE'RE JUST LANDLOCKED. IT'S A SPECIAL USE CASE. IT'S A SPECIAL USE PERMIT. WELL, AND I THINK IT'S LIKE MICHAEL SAID, WE JUST LAND ALLOTTED IT. SO NOW THAT MEANS THAT CAN ONLY BE A STORAGE UNIT. INSTEAD OF WHATEVER THE MARKET DETERMINES, RIGHT? I SAY THAT I DON'T KNOW IF WE'RE ALLOWED. NO, BUT I MEAN, AND I AGREE WITH YOU ON THAT ONE BECAUSE YOU KNOW, I'M GOING TO BE WITH YOU LIKE, LIKE COMMISSIONER MYERS SAID, FOR YOU TO BRING A STORAGE, PRICES HAVE GONE UP. I JUST GOT OUT OF ONE. AND SO I KNOW THEY'RE GOING UP, BUT WE ALSO KNOW WHAT'S COMING TO MAYNARD. AND WITH APARTMENTS COMING, EVERY OTHER CORNER LOOKS LIKE NOW, STORAGE UNITS ARE ARE ADEQUATE AND SO, I'M JUST MY OPINION WOULD BE I WOULD HATE TO JUST LANDLOCK THIS THING AND, YOU KNOW, 15, 20 YEARS, THERE'S A NEED FOR SOMETHING THERE, AND THEY HAVE TO COME BACK AND SEE US AGAIN. NOT LIKE I DON'T WANT TO SEE YOU AGAIN. BUT YEAH, I WOULD HATE FOR YOU TO DO IT ALL OVER AGAIN. YEAH. DO YOU EVER FORESEE, IS THIS LOT EVEN FEASIBLE FOR A MULTI-STORY? IF YOU NEED IT FOR A MULTI-STORY FACILITY, YOU WOULD PROBABLY NOT FOR THE EGRESS. WE WOULDN'T DO IT. NO, NO WE WOULD. WE'RE NOT. WE WANT TO KEEP IT SINGLE LEVEL AND. YEAH, YEAH THE COST CHANGE SIGNIFICANTLY. YEAH. THE COST CHANGE IS SIGNIFICANTLY AND YOUR CLIENTS CHANGE AND I'M JUST I JUST CAN'T GET MY HANDS AROUND, YOU KNOW, GOING UP AN ELEVATOR WITH MY BOXES AND PUTTING THEM IN A STORAGE. YEAH. YEAH, I HEAR YOU. IT DOESN'T MAKE SENSE TO ME, BUT. OKAY THE TRAFFIC ON 290 IS A LOT, SO WE WANT THINGS THAT HAVE LOWER, YOU KNOW. NO TIAS, RIGHT? NO ADDED TRAFFIC. NO. THE TRIPS ARE LIMITED. RIGHT WE DON'T WANT TO PUT THINGS THAT HAVE A LOT OF TRAFFIC IN A PLACE THAT'S ALREADY JUST OVERLY CONGESTED WITH TRAFFIC. AND, YOU KNOW, SELF-STORAGE PEOPLE USUALLY PUT THEIR STUFF IN THERE AND THEN THEY DON'T GO BACK TO IT. I MEAN, SOME OF THESE USE CASES COULD BE HIGHER GENERATING TRAFFIC THINGS, YOU KNOW, SO IF YOU'RE GOING TO EXCLUDE THINGS, YOU MIGHT WANT TO REALLY THINK ABOUT THAT, BECAUSE I THINK LIKE THE FLYOVER THING THAT THEY'RE POSTING ABOUT THAT'S STILL LIKE 30 YEARS AWAY, EVEN IF THAT EVER HAPPENS. SO IT JUST YEAH, BUT YOU KNOW, CREATE MORE SERVICES THAT ARE HERE THEN YOU'RE NOT DRIVING TO GO TO THEM. I'M CURRENTLY DRIVING TEN MILES TO GO TO A GROCERY STORE BECAUSE IT HAS PRODUCE ON A REGULAR BASIS, I SHOULDN'T BE SAYING THAT AS I'M TALKING ABOUT SALES TAX REVENUE IN OUR CITY, BUT, YEAH, I JUST SAID SOMETHING OUT LOUD. ANYWAY, I HEAR WHAT YOU MEAN THOUGH, TOO. IF WE CAN FIND [00:35:06] PLACES TO CREATE COMMUNITY CENTERS OR COMMUNITY OPTIONS CLOSE BY, THAT AREN'T BUT ALSO IS NOT INDUCING PEOPLE TO COME FROM SERVER, THAT'S KIND OF THAT REGIONAL NEED. YOU KNOW, WE DON'T WE MAY NOT WANT TO PUT SOMETHING LIKE A, LIKE A SIX LETTER NAME WITH A BEAVER ON IT FOR A, FOR A FUELING STATION IN THE AREA, BECAUSE THAT WOULD BE A VERY TRIP INDUCING PROPERTY, POSSIBLY. YEAH. THINGS LIKE SCHOOLS. YOU KNOW, I DON'T KNOW IF SCHOOL IS THE RIGHT TO PUT ON A BIG, VERY CROWDED HIGHWAY, RIGHT? THINGS LIKE SCHOOLS IS THE MAIN THING THAT I WAS LOOKING AT WAS LIKE, I DON'T KNOW ABOUT THAT. OKAY. I UNDERSTAND THAT. I REALLY I'VE JUST BEEN LOOKING THROUGH THE MEDIUM USES AND THE BULK OF THE ESTABLISHMENTS THAT I WOULD NOT WANT TO, AGREE TO ARE ALREADY CONDITIONAL. SO I'M NOT SEEING ANYTHING, TO OBJECT TO THAT ISN'T ALREADY CONDITIONAL AND WOULD REQUIRE IT TO COME BACK HERE ANYWAY. CONDITIONAL ON NO CONDITIONAL WOULD ONLY REQUIRE THEM TO COMPLY IN SITE PLANNING, THEY WOULD BE ABLE TO DO IT ESSENTIALLY BY BY, RIGHT. AS LONG AS THEY MET THE CONDITIONS OF THE OF THE SITE PLAN OR THE CONDITIONS OF THE CITY CODE. CORRECT. ANYTHING CONDITIONAL. THE CONDITIONS ARE LISTED WITHIN THE ZONING CODE. AND IF THEY MEET THOSE CONDITIONS, THEN THEY'RE ABLE TO PARTICIPATE IN THAT USE. NOW, IF IT'S A SPECIFIC USE PERMIT THEN THEY HAVE TO COME BACK TO PNC. ANYTHING MARK S WOULD REQUIRE THEM TO COME BACK, BUT ANYTHING MARK C DOES NOT. THE ONES THAT I HAD FLAGGED WERE, USES OF CONDITIONAL, EXCLUDING THE CONDITIONAL USES OF GASOLINE STATION LIMITED AND FULL SERVICE LIQUOR SALES. MEDICAL CLINIC OFFICE USES FOR GOVERNMENT, MEDICAL, PROFESSIONAL AND SHOWROOM, AS WELL AS THE BY RIGHT USES OF RELIGIOUS ASSEMBLY, SCHOOL, BOARDING, BUSINESS, TRADE, PRIVATE AND PAROCHIAL AND PUBLIC, AS WELL AS SMOKE SHOP, TOBACCO STORE. I BELIEVE BY STATE LAW WE ARE NOT ALLOWED TO PROHIBIT ANY RELIGIOUS ASSEMBLY. I WOULD STRIKE THAT THEN FROM MY LIST I APOLOGIZE. AND ALL ZONING CATEGORIES. YES WE WON'T BE PUTTING ANY OF THOSE THERE. OKAY, BUT WHAT IF WHAT IF YOU SELL IT TOMORROW BECAUSE YOU GOT BORED? I YOU GOT TO PROTECT YOURSELF. YEAH. SORRY. I WAS A REPORTER FOR A LONG TIME. WHATEVER SOMEBODY SAYS TO ME IS NICE, BUT THEN THEY LEAVE. YEAH, YEAH, I KNOW, YEAH, I'VE BEEN ALIVE FOR 66 YEARS, I UNDERSTAND. YEAH. DID THAT INCLUDE THE GENERAL SALES CONVENIENCE IN GENERAL, NO, I DID NOT. I DIDN'T PUT THAT ON THE LIST OF THE ONES THAT I HAD EXCLUDED. BUT IF WE EXCLUDE, IF YOU WANTED RETAIL SALES, HE CAN'T SELL TAPE OR BOXES OR ANYTHING OUT OF IT. CORRECT. WE DON'T WANT TO DO THAT BECAUSE WE PROBABLY WILL DO THAT FOR SURE. AND THAT WOULD BE. YEAH, THAT WOULD BE SOMETHING WE'D WANT TO MAKE SURE THAT WE. YEAH, THAT'S KIND OF WHERE THAT OTHER THE OTHER END OF GOING TOO FAR AND JUST DOING ONLY THE PERMITTED USES MAY MAY CORNER US. NEGATIVELY. DOES ANYONE WANT TO GO FOR A MOTION? HOW MANY USES DID WE MARK? FROM THE LIST THAT I HAD LISTED OFF ONE, TWO, THREE, 45678. OH, NO, THAT'S NOT IT. ADDITIONALLY. OH, OFF SITE ACCESSORY PARKING. THAT WOULD BE THAT WOULD BE THE ON SITE STORAGE. VEHICLE STORAGE? NO, NO, THAT WOULD BE LIKE AN EXTRA PARKING LOT. THAT WOULD JUST BE A PARKING LOT RECREATIONAL VEHICLE PARK. OKAY WOULD BE THE OUTDOOR STORAGE, BUT THAT ALREADY HAS A SPECIFIC USE ON THERE. OKAY. SO HE MAY HAVE TO COME BACK FOR THAT. I WANTED TO ASK, DID YOU MENTION OFFICES, GOVERNMENT? I DID, THAT MAY BE A LITTLE. I'LL JUST TAKE IT OFF TO THE CITY IN THE EVENT I. WELL, THE OTHER ONES ARE ACTUALLY SPECIAL USE, SO I WOULD JUST REMOVE THOSE FROM MY LIST, I WAS JUST TRYING TO THINK OF, LIKE, WHAT TO KIND OF TRY TO THINK OF. I'M LOOKING AT THE PARCEL AND TRYING TO THINK OF INGRESS AND EGRESS AND LIKE WHAT, WHAT ITS MAXIMUM POTENTIAL COULD BE GIVEN. IT'S A REALLY NARROW LOT AS FAR AS ACCESS. SO YOU, YOU KIND OF HAVE A RIGHT IN, RIGHT OUT, WHICH IS NICE. IT'S ONTO 290. BUT, IT CREATES A VERY NARROW IF YOU HAVE, IF YOU HAVE A LARGE DEMAND OF IF YOUR DENTIST OFFICE, IT'S RELATIVELY EASY. YOU HAVE TWO PEOPLE AN [00:40:03] HOUR, ANYTHING ABOVE THAT, YOU'RE KIND OF YOU MAY HAVE A, YOU MAY HAVE DIFFERENT PEAKS. IS THE RV PARK. IS THAT LIKE PEOPLE LIVING THERE THAT THAT USE, THE RECREATIONAL VEHICLE PARK? YEAH I BELIEVE SO, AND THAT'S WHY THERE'S A SPECIFIC USE REQUIRED. SO I WOULD NOT WANT THAT ONE EITHER. RIGHT. IT MAY NOT BE THE SAME THING AS RECREATIONAL VEHICLE STORAGE IS. YEAH. I DIDN'T THINK IT WAS. YEAH SORRY, CECIL. I'M ALMOST THERE. FIVE. FOUR. SEVEN. EIGHT. NINE. IF WE DID SCHOOLS, IT WOULD BE TEN. IF WE DIDN'T DO SCHOOLS, IT WOULD BE FIVE. AND THE LIST WOULD BE GASOLINE STATION, LIMITED GAS STATIONS, FULL SERVICE LIQUOR SALES, MEDICAL CLINIC, SMOKE SHOP OR TOBACCO STORE AND DISTILLERY AND DISTILLERY. IF THEY WANT TO FIT A DISTILLERY ON A FOUR ACRE LOT, IT WOULD BE A MICRO DISTILLERY. THAT'S FOR SURE. AND RV PARK, AN RV PARK. DOES THAT PUT US AT SEVEN? PLUS, THE SCHOOLS WOULD BE 12, RIGHT? YEAH. I WAS ALMOST NOT GOING TO TOUCH THE SCHOOLS BECAUSE I DON'T WANT TO ALSO FIND THEM. I DON'T KNOW PROBLEM WITH THE CODE ABLE TO DO THAT. YEAH I'M GONNA AND BREWERY MICRO AND BREW PUB. AND BREW PUB IS THE SECOND. YEAH. THREE. AND THEN YOU HAVE ALCOHOLIC BEVERAGE ESTABLISHMENT AT THE TOP. BUT THAT'S NOT SURE IF YOU WANT THAT OR NOT. OKAY. YEAH YEAH YEAH. 23456789 TEN. SO THAT WOULD BE A TEN PLUS THIS. YEAH. TEN. EXCLUDING THE SCHOOL. YOU STILL HAVE QUITE A FULL LIST. YOU COULD PUT A HOTEL THERE. I'M NOT GOING TO PUT A HOTEL OKAY. DON'T WORRY. I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS ITEM WITH THE EXCEPTIONS OF THOSE TEN USES, 15 USES. RIGHT. YOU DO WANT TO ADD THE SCHOOLS AFTER? YEAH, WE GOT TO ADD SCHOOLS. YEAH OKAY. I READ WAY TOO MUCH ABOUT LAWSUITS. SO I HAVE I HAVE SOMETHING ON THE SCHOOLS. SO IF ACC WANTS TO COME IN AND PUT SOMETHING THERE, THEY'RE GOING TO HAVE TO COME BACK AND MEET WITH US. WHY DO WE WANT TO TAKE SCHOOLS OFF OF THERE? THEY WOULDN'T HAVE TO COME BACK, MEET WITH US. THERE'S NO S ON THEIR. WELL, I THINK WHAT HE'S SAYING IS IF YOU ADD SCHOOLS TO THE LIST OF PROHIBITED USES, IF THEY TRIED TO GO THERE BECAUSE OF THIS ZONING WITH STIPULATIONS THEY WOULD HAVE, THEY'D HAVE TO COME BACK FOR A REZONING. RIGHT? I THINK SCHOOLS SHOULD BE INCLUDED ON THE LIST OF THINGS THAT WE DON'T WANT THERE. AND IF THE PEOPLE WANT TO PUT IT THERE, THEY SHOULD COME BACK. WOULDN'T THOSE SCHOOLS BE CONSIDERED GOVERNMENT? THE ISD? IN THE EVENT THAT THERE'S SOMETHING OUT THERE THAT THEY DO OR NEED TO DO, I WAS KEEPING THEM EXCLUDED BECAUSE OF WELL, I HAD EXCLUDED HIM FROM THE LIST BECAUSE OF THE CONCERNS FROM JUST TOUCHING GOVERNMENT OFFICES AND RELIGIOUS ASSEMBLY. SO I FEEL LIKE EVERYTHING'S A HOT BURNER AND I WANT TO GO RESEARCH MORE BEFORE I MAKE A MOTION THAT WOULD NOT NOT FLY AT THE COUNCIL OR, AFTER AFTER APPROVAL. SO I, I'M STILL WITH THE MOTION. YES. FOR THOSE TEN. OKAY. SO NOT INCLUDING THE SCHOOLS AS AN EXCLUSION. NO THOSE WOULD NOT BE INCLUDED WITHIN THE TEN CAN CAN YOU READ OFF THE TEN AGAIN, THE MOTION BY COMMISSIONER MINOR BY BY COMMISSIONER MEYER WOULD INCLUDE WOULD BE FOR C2 MEDIUM COMMERCIAL APPROVAL WITH THE EXCLUSION EXCLUDED USES OF ALCOHOLIC BEVERAGE ESTABLISHMENT. MICROBREWERY BREWPUB, DISTILLERY, MICRO GAS STATION. LIMITED GAS STATION. FULL SERVICE LIQUOR SALES. MEDICAL CLINIC. RECREATIONAL VEHICLE PARK AND SMOKE SHOP OR TOBACCO STORE, AND THE RECREATIONAL VEHICLE PARK. THAT'S WHERE THEY GOT TO LIVE IN IT, RIGHT? THAT WOULD BE THAT WOULD BE UNDER THE CONDITIONS OF THAT BEING AN ON SITE DWELLING. [00:45:06] SITUATION, WHICH IS NOT WHAT YOU'RE DOING. YOU'RE DOING RV STORAGE. THIS IS RV PARK, WHICH IS PEOPLE THAT LIVE THERE. YEAH. NOW, LET ME ASK YOU A QUESTION. SOME OF THESE SELF-STORAGE FACILITIES, AND I'M NOT SAYING WE'RE GOING TO DO THIS OR NOT. THEY STORE WINE FOR PEOPLE. IS THAT WOULD THAT BE EXCLUDED FROM FROM THIS NOW OR THEY STORE WHAT WINE, WINE, WINE. YEAH I DON'T THINK SO. BECAUSE THE, THE THIS IS SPECIFIC TO LIQUOR SALES AND SELLING, THE SELLING OF ALCOHOLIC BEVERAGES OR SETTING UP A MICROBREWERY OR A BREWPUB, CREATING ALCOHOL OR SELLING IT, YOU'RE STORING IT. IT'S NOT THE SAME. THOSE ARE OPERATIONAL FACILITIES. OKAY. I'M GOOD WITH ALL THAT. SO WHAT IS ALCOHOL BEVERAGE THEN? ALCOHOLIC BEVERAGE ESTABLISHMENT. YEAH. SELL IT TO DRINK. I THINK THE LIKE COMMISSIONER MEYER SAID, IS THAT'S WHERE YOU STILL CONSUME IT ON PREMISES. YES A BAR. THAT'S THE MOTION FROM COMMISSIONER MEYER. I'LL SECOND THE SECOND FROM COMMISSIONER TERRY. ANY DISCUSSION ON THE MOTION? I I'M NOT GOING TO VOTE YES WITHOUT THE SCHOOLS. SO, BECAUSE WE ALREADY HAVE A TON OF TRAFFIC. I DON'T THINK 290 IS THE RIGHT PLACE TO BE UPFRONT, ESPECIALLY WITH ONLY ONE ENTRY IN AND ONE ENTRY OUT AND BEING SUCH A DEEP THING. IT'S NOT A GOOD SPOT FOR A SCHOOL. ANY OTHER COMMENTS ON THE MOTION OR QUESTIONS? ALL RIGHT, WE'LL GO FOR A VOTE. ALL THOSE IN FAVOR OF THE MOTION AS STATED, PLEASE SAY I. I OH, PLEASE RAISE YOUR HANDS. YEAH I THOSE OPPOSED NAY THAT MOTION FAILS ON A VOTE OF 3 TO 3 WITH THE COMMISSIONERS PAYS NILA AND LEONARD VOTING NO. WE'RE BACK TO THE. SO WE WILL ENTERTAIN A NEW MOTION. I'D LIKE TO MAKE A MOTION FOR THE TEN EXCLUSIONS PLUS THE FIVE FOR THE SCHOOLS MOTION BY COMMISSIONER LEONARD TO, IF I MAY APPROVE, C2 MEDIUM COMMERCIAL. YES. SCHOOLS ARE CONSIDERED A GOVERNMENT ENTITY. AFTER A QUICK SEARCH. SO THAT WOULD BE THE USE OF GOVERNMENT FACILITIES THAT WOULD NULLIFY THIS MOTION IF IT WAS APPROVED. WELL, SOME SCHOOLS ARE, BUT I MEAN, SOME SCHOOLS ARE COMPLETELY PRIVATE THERE. OH. BUT IN TEXAS IN 2024 ARE THEY. YEAH. I MEAN BUT MY WIFE USED TO WORK FOR ONE. IT WAS A FULL ON TRADED ON THE FEDERAL STOCK EXCHANGE STOCK EXCHANGE. AND I OWNED STOCK IN IT AND STUFF. THERE WAS NO WAY THAT THAT THING WAS ANY KIND OF GOVERNMENTAL SCHOOL WHATSOEVER. WHY WHY A PRIVATE DAYCARE? ALTHOUGH I DON'T KNOW IF DAYCARE IS LISTED, I CAN TELL YOU THAT WE'RE NOT GOING TO PUT A SCHOOL THERE. YEAH TO BE CLEAR, IT IS PUBLIC SCHOOLS THAT ARE GOVERNMENT ENTITIES. WHY WOULD THEY BE LISTED ON THIS LIST FOR US TO CONSIDER AS EXCLUSIONS? IF THE STATE LAW SAYS THAT THEY HAVE TO BE INCLUDED, WELL, THEY'RE NOT NECESSARILY LISTED ON THIS ISN'T A LIST OF EXCLUSIONS. THIS IS A LIST OF PERMITTED USES. IT HAS TO BE ON THE LIST IF IT'S PERMITTED, EVEN IF IT'S BY RIGHT. THE EXCLUSIONS COMES FROM THE DECISIONS THAT THE COMMISSION IS MAKING. OKAY. AND WHAT IS THE STATE LAW THAT SAYS THAT WE CAN'T DO THAT? THE TEXAS EDUCATION AGENCY, OF THE STATE AGENCY THAT OVERSEES PUBLIC EDUCATION IN TEXAS, SCHOOL DISTRICTS, ISDS EDUCATION SERVICE CENTERS, THEY ALL FALL UNDER THAT JURISDICTION. COULD WE JUST ADD PRIVATE SCHOOLS TO THAT LIST RATHER THAN THE GOVERNMENT SCHOOLS? OR LET THE PUBLIC SCHOOLS COME IN HERE AND FIGHT ABOUT IT? IT IS AT THE DISCRETION OF THE COMMISSION TO MAKE THESE DECISIONS. WE HAVE THE MOTION FROM COMMISSIONER LEONARD FOR APPROVAL OF C2 MEDIUM COMMERCIAL ZONING WITH THE EXCLUSIONARY EXCLUSION. EXCLUSIONARY USES. AS PREVIOUSLY MENTIONED, THE TEN OF THE PREVIOUS MOTION PLUS BOARDING SCHOOL, BUSINESS OR TRADE SCHOOL, COLLEGE OR UNIVERSITY SCHOOL, PRIVATE OR PAROCHIAL SCHOOL, AND AT LAST MENTIONED PUBLIC SCHOOL. IS THAT CORRECT? ALL RIGHT. THAT'S THE MOTION. DO WE HAVE A SECOND? I'LL SECOND THAT ONE. WE HAVE A SECOND FROM [00:50:01] COMMISSIONER TERRY. DISCUSSION. NO FURTHER DISCUSSION. WE'LL GO FOR A VOTE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. WE HAVE COMMISSIONER LEONARD AND COMMISSIONER TERRY IN FAVOR ALL THOSE OPPOSED. RAISE YOUR HAND. IT'S THE BALANCE OF THE DAIS. THE MOTION FAILS. I. I LIKE TO GO. WE SPEND ABOUT 20 MINUTES ON THIS JUST TALKING ABOUT WHAT SHOULD BE ON THERE. WHAT'S ON THERE AND WHAT'S NOT ON THERE. WHEN THE FINAL DECISION IS ULTIMATELY GOING TO BE HELD BY CITY COUNCIL? THAT'S CORRECT. SO WHAT I'D LIKE TO DO JUST TO GO AHEAD AND WRAP THINGS UP SO THAT WE CAN GO AHEAD AND LET THE GENTLEMEN TAKE OVER WHAT THEY'VE GOT TO TAKE CARE OF, AND THEN LET CITY COUNCIL DECIDE WHETHER OR NOT THEY WANT TO ADD OR SUBTRACT, BECAUSE THE LAST TIME WE HAD A SIMILAR DISCUSSION, WHAT WE HAD THOUGHT WAS GOING TO BE A GOOD PLAN, THEY SAID NOPE. AND THEY TOOK IT ALL, TOOK IT ALL OUT. THEY HAVE TO HAVE A SUPERMAJORITY THOUGH, TO OVERRULE US. OKAY. I'D RATHER LET THEM HAVE THE SUPERMAJORITY ON THAT PART THAN WASTE 20 MINUTES ON DECIDING WHAT SHOULD BE ON THERE AND WHAT SHOULD NOT BE ON THERE, WHEN HE MAY NOT HAVE THE PROPERTY AT SOME POINT 20, TEN, TEN YEARS DOWN THE ROAD, SOMETHING MAY HAPPEN AND WHOEVER'S GOING TO COME IN IS GOING TO HAVE TO COME IN TO MAKE ANY CHANGES. WE WON'T BE HERE DURING THAT TIME. SOMEONE ELSE WILL GO AHEAD AND TAKE THAT TIME BECAUSE OUR KIDS ARE GOING TO GET OLDER. WE HAVE OTHER STUFF TO DO AND OTHER PEOPLE WANT TO GO AHEAD AND TAKE OUR POSITIONS, AND THAT'S PERFECTLY FINE. SO IF IT'S OKAY WITH EVERYBODY, I'D LIKE TO GO AHEAD AND JUST MAKE A MOTION AND, APPROVE THE CONSIDERATION OF THE CONSENT AGENDA ITEM AS IT IS. AND THEN WE THE AGENDA ITEM. YEAH. NOT THE CONSENT AGENDA ITEM NINE FOR CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REZONING APPLICATION FOR ONE, ONE FOUR LOT ON FOUR ACRES, MORE OR LESS. AND BEING LOCATED AT 1605 16,005 EAST US HIGHWAY 290 MAIN OF TEXAS FROM AGRICULTURAL TO C2 MEDIUM COMMERCIAL. ALL RIGHT. THE MOTION FROM COMMISSIONER NILA IS TO APPROVE THE STAFF RECOMMENDATION. DO I HAVE A SECOND? I'LL SECOND IT A SECOND FROM COMMISSIONER PACE. ANY DISCUSSION? I WOULD JUST SAY OUR JOB IS WELL THOUGHT OUT AND I'M OKAY IF IT TAKES 20 MINUTES TO DISCUSS IT. AND, YOU KNOW, I THINK IT'S GOOD TO BE OPEN, BUT ALSO BE STRATEGIC. AND SO THAT'S SORT OF WHAT I WAS TRYING TO DO. BUT I JUST WANT TO SAY THAT. THANK YOU. COMMISSIONER LEONARD. I THINK AS SOMEONE WHO'S I AND I AGREE, I DID NOT GROW UP HERE, BUT I DO RESPECT BEING HERE AND GROWING IN THIS COMMUNITY. AND BEING HERE FOR THE REST OF MY LIFE. AND HELPING THE NEXT GENERATION. IT'S HARD TO SEE. AND IT'S NOTHING AGAINST WHAT IS CURRENTLY PROPOSED BY THIS APPLICANT, BUT IT'S WHAT'S POTENTIALLY ALLOWED BY THE BLANKET ZONING OF C2 COMMERCIAL. C2 COMMERCIAL HAS PROVIDED US ALL THAT WE SEE THERE AT AT PRESIDENT, AT GEORGE BUSH AND US 290. IT'S WHAT WE'RE GOING TO SEE AT OLD KIMBRO. IT'S WHAT WE'RE GOING TO SEE AT, IT'S WHAT WE JUST SAW POP UP AT PASEO DE PRESIDENTE BEHIND ONE OF OUR HOUSES. AND, I SEE THE SAME THING. IT'S JUST A DIFFERENT BRAND, BUT IT'S THE SAME SETUP. IT'S USUALLY IT'S KIND OF A CHARIOT OF, OF OPTIONS. AND IT GOES FROM, IT GOES GAS STATION, CANDY STORE OR ICE CREAM SHOP, PIZZA STOP, DENTIST, AND THEN THE GYM, WHICH. OH, AND A VAPE SHOP AND A LIQUOR STORE ON BOTH SIDES, AND WE'VE SEEN THAT THREE TIMES OR FOUR TIMES IN THE CITY. AND, AND WHILE THIS IS MINI STORAGE, WE ALSO AND I UNDERSTAND THAT WE HAVE A COUPLE OTHER OF THOSE FACILITIES AROUND TOWN, THE, THE GOAL OF THE EXCLUSIONS IS TO, IS TO IS TO TRY TO GUIDE THE DEVELOPMENT FROM BEING THE LOWEST COMMON DENOMINATOR, YOU KNOW, SELF STORAGE IS A IS A RELATIVELY EASY BUILD. IT'S A HIGH REVENUE PER SQUARE FOOT, WHICH IS GREAT FOR THE BUILDER. BUT THEN YOU'LL END UP LIKE LAMAR BOULEVARD IN AUSTIN WHERE YOU HAVE FOUR OR 5 OR 6, YOU KNOW, SELF STORAGE UNITS, AND WHICH I'M SURE THEY'RE MEETING A DEMAND, BUT IS THAT THE HIGHEST AND BEST USE FOR THAT LOT? AND HOW MANY TIMES DO YOU GIVE A PASS BEFORE YOU ALL OF A SUDDEN RUN OUT OF ACREAGE AND ALL OF THIS CORRIDOR IN THE NEXT TEN YEARS, DOESN'T LOOK LIKE THAT. AND IT'S DONE. IT'S KIND OF BAKED. SO, I UNDERSTAND, AND THAT'S WHY I RESPECT COMMISSIONER LEONARD FOR WANTING TO KIND OF, SORRY, GO INTO A LOT OF BAKING ANALOGIES OR COOKING ANALOGIES. YOU WANT TO MAKE SURE THAT YOU HAVE ALL THE RIGHT INGREDIENTS GOING INTO [00:55:03] THE OVEN BEFORE IT GETS COOKED, BECAUSE ONCE IT GETS COOKED AND YOU LOOK UP AND YOU PUT CHOCOLATE AND TAHINI TOGETHER, OH, THAT'S ACTUALLY A PRETTY GOOD COMBINATION. AND MAYBE SOMETHING. AND TABASCO SAUCE, YOU WANT TO MAKE SURE THAT IT ACTUALLY IS SOMETHING THAT YOU WANT TO SERVE UP TO YOUR NEXT GENERATION. SO THAT'S THAT'S FOR THE THAT'S FOR THE RATIONALE, I THINK BETWEEN BETWEEN THE THREE OF OURS, CAN I ASK A QUESTION? GUARDRAILS. YES, SIR. IS THE PROBLEM THAT IT'S C2? IF IT WAS IS THE SELF STORAGE ALLOWED IN C1? I MEAN, IS THE PROBLEM THAT IT'S SO BROAD AND C2 THAT OR THEY'RE BOTH THE SAME. ALL OF ALL THE COMMERCIAL ZONING CATEGORIES ARE RELATIVELY BROAD, THEY AND IT'S TRYING TO GUIDE AND TRYING TO IT'S A CHEESECAKE FACTORY MENU. SEE I'M GOING TO THE FOOD ANALOGIES AGAIN. IT'S A LIST OF 40 OPTIONS. YOU CAN HAVE FOR YOUR PROPERTY. IT'S LITERALLY A FULL PAGE HERE IN OUR AGENDA IN 10.5. RIGHT, A POTENTIAL OPTIONS. AND AS THE COMMISSION WE'RE TRYING TO IT'S OUR DUTY TO RECOMMEND TO THE CITY COUNCIL WHAT WE THINK THEY SHOULD, WHAT BEST ALIGNS WITH THE FUTURE LAND USE MAP? THE COMMUNITY, WHAT'S EXISTING TODA, WHAT WE KNOW IS COMING TOMORROW. WE KNOW IT'S COMING TOMORROW. NEXT DOOR. WE KNOW IT'S ANOTHER FACILITY. IT'S A IT'S A FUELING FACILITY, AND WE AND THEN GUIDE FROM THERE AND TRY TO FILL AND TRY TO BALANCE IT. THESE ARE PARCEL BY PARCEL BECAUSE OF THE USES BEING THERE. SO IF THERE'S SOME WAY THAT WE PUT THE SCHOOLS IN THERE AND MAKE EVERYBODY HAPPY THAT WE CAN'T USE THAT. IS THERE SOME WAY THAT I CAN GUARANTEE THAT THERE WON'T BE THAT. YEAH. SO WHAT I WAS GOING TO SAY. SO THREE PEOPLE VOTED FOR THE FIRST TIME RIGHT. YOU THREE DOWN AT THE END. AND THE ONLY DIFFERENCE BETWEEN THE FIRST MOTION AND THE SECOND MOTION WAS TO ADD THE SCHOOLS. CORRECT. RIGHT. BUT YOU TO YOU AND CECIL VOTED AGAINST THAT ONE. RIGHT, YOU KNOW, BUT BUT THAT'S THE ONLY DIFFERENCE BETWEEN THE TWO. AND YOU WOULD GAIN MY VOTE IF YOU ADDED THE SCHOOLS AND YOU COULD GET TO A FOUR PERSON. SO IS THE SCHOOLS REALLY WORTH IT TO DENY WHEN IT'S REALLY ONLY FIVE USES THAT ARE DIFFERENT, AND IT'S PROBABLY NEVER GOING TO HAPPEN? COMMISSIONER MEYER? YES I WANTED TO HAVE TWO THINGS. FIRST, I WANT TO MAKE SURE THAT THE COUNCIL UNDERSTANDS WHAT MY INTENT IS. AND, AND THAT THAT'S CLEAR. SECOND PART WAS I KIND OF HAD PUT FORWARD A MIDDLE POINT OF, EXCLUDING THOSE PRIVATE SCHOOLS AND ALLOWING THE GOVERNMENT SCHOOLS. AND FOR THAT REASON, THAT GOVERNMENT, FACILITIES ARE EXCLUDED. SO THAT'S THE AREA IS YOU WOULD LIKE TO SEE THE PUBLIC SCHOOLS BACK IN, AND THEN YOU WOULD VOTE FOR THAT MIDDLE POINT. YEAH. WELL, THEN CAN I JUST MAKE A MOTION TO, OKAY. YEAH. THE MOTION, HAS LAST. WELL, THE MOTION ON THE FLOOR IS THE ONE PRESENTED BY COMMISSIONER NEELY. WE CAN AMEND THE MOTION IF IT, AFTER IT'S AFTER IT RECEIVES A SECOND, OR IT CAN DIE FOR LACK OF A SECOND. AND WE START OVER AGAIN. FELIX DID GIVE A SECOND, RIGHT? THAT'S RIGHT. NO, NO, I DID IT ON THE FIRST ONE. HE DID? NO AND I PROBABLY SHOULD NOT BE EXPLAINING MY THOUGHTS. I DO HAVE A SECOND. I'M SORRY. SECOND CAME FROM FROM COMMISSIONER PACE. YES. OKAY. THANK YOU. THAT'S RIGHT. NOW WE HAVE TO VOTE. I THINK SO. THE MOTION IS WARM, IS HOT ON THE FLOOR. AND THAT'S THE MOTION FOR THE BASE MOTION. THAT'S THE MOTION IS FOR THE BASE RECOMMENDATION FROM STAFF, SPEAKING TO COMMISSIONER MEYER'S POINT, MY CONSTERNATION ABOUT HAVING SCHOOLS ON THE EXCLUSION LIST IS AND WHETHER IT BE PUBLIC OR ALL OF THEM IS TWOFOLD. A LAWSUIT BROUGHT BY THE APPLICANT OR BY ANYONE IN THE COMMUNITY THAT IS SUCCESSFUL IN CHALLENGING THIS, THIS RECOMMENDATION, IF IT WAS TO GO THROUGH AND BE, I VIEW THESE AS BEING SENT UP TO THE COUNCIL FOR CONSIDERATION AND BAKED FULLY READY TO GO, WHETHER THEY TAKE THEM OR NOT, SOMETIMES THEY DON'T LIKE CARROTS IN THERE. SEE, I CAN'T DO THE I TOO MUCH FOOD, BUT I WANT THE CONSTERNATION THAT I HAVE IS BECAUSE OF THE LEGAL LIABILITY THAT THAT MAY CREATE BY BY BY PUTTING THAT IN THERE TO JEOPARDIZE THE ENTIRE MOTION AND THE ENTIRE ZONING CASE THAT HE'S ASKING FOR, AND PUT HIM BACK TO SQUARE ONE. SO IT'S LIKE RISK OF [01:00:04] LITIGATION IS YOUR RISK OF LITIGATION. IS THERE RISK OF LITIGATION? AND THE. WELL, I HAVEN'T SUED ANYONE. I MEAN, I HAVEN'T SUED THE CITY YET. SO I DON'T KNOW. AND NO ONE IN HERE HAS SUED THE CITY YET CUZ WE HAVEN'T MADE THE MOTION. BUT THAT'S THAT'S A CONCERN THAT I HAVE. THE CONCERN I HAVE ABOUT SEPARATING ABOUT EVEN INCLUDING PRIVATE IS BECAUSE I KNOW THAT CERTAIN LEADERS OF THE STATE HAVE SAID THAT THEY VIEW PUBLIC AND PRIVATE AND PAROCHIAL AND BOARDING AS THE SAME, AND THAT'S THE AND I DON'T KNOW IF I'M ALLOWED TO SPEAK TO THIS, BUT I PLEASE TELL ME IF I'M IF I NEED TO STOP. BUT, THE, THE SUPREME COURT THIS WOULD GO TO IS APPOINTED BY THE LEADERS OF THE STATE. AND WHO HAVE THOSE THOSE VIEWS. SO THAT WAS MY CONSTERNATION, BUT YES, AGAIN, SORRY. THE MOTION IS THE STAFF. MOTION STAFF RECOMMENDATION HAS BEEN MOVED AND SECONDED. IT IS. I'LL ENTERTAIN AN AMENDMENT OR A VOTE. PLEASE OH, THIS IS EARLY, SIR. IT'S 732. I KNOW YOU NEED TO GO HOME. I KNOW I JUST FLEW IN FROM ATLANTA AFTER A CONFERENCE ALL WEEK. STARTED ON SATURDAY. BUT I KNOW ABOUT ASPHALT A LOT. ALL RIGHT, I WILL CALL A VOTE. ALL THOSE IN FAVOR OF THE MOTION, SAY I OR RAISE YOUR HAND, APOLOGIES. I WAS DOING THAT FOR DEMONSTRATION. PLEASE. AGAIN? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. THOSE OPPOSED? AND THE MOTION FAILS ON A VOTE OF 2 TO 4 WITH COMMISSIONERS STENSLAND MEYER, TERRY AND LEONARD VOTING NO. WE ARE BACK TO AN OPEN FLOOR. I'LL ENTERTAIN A MOTION. WOULDN'T I MEAN, I'M JUST. THIS GENTLEMAN JUST WANTS TO BUILD A STORAGE FACILITY. YEAH, HE SAYS HE'S GOING TO BUILD IT. HE SAYS THAT'S WHAT HE WANTS TO DO. HIS SON'S HERE. HE SAYS THEY'RE GOING TO START BUILDING IT IN FEBRUARY. I'M GOING TO SPEND $6.5 MILLION SPENDING IT TO NICE. IT'S NOT SOMETHING CHEAP. YOU GUYS KNOW. AND WE'RE EXCITED. WE WANT YOU TO DO IT. AND IT'S I THINK IT'S A IT REALLY HAS, IN MY OPINION, NOTHING TO DO WITH YOU. AND IT HAS MORE TO DO WITH SOME OTHER STUFF. I, I DON'T CARE IF HE SELLS IT NEXT WEEK AND SOMEBODY WANTS TO COME IN AND PUT A MICRO DISTILLERY OR SOME OTHER, THEN LET THEM COME BACK AND PITCH THEIR IDEA AND SAY, HEY, NOW, I JUST BOUGHT THIS PROPERTY FOR 6.5 MILLION, AND NOW I WANT TO PUT IN A MICRO DISTILLERY. OKAY, WELL THEN SHOW US YOUR PLAN. LET'S SEE WHAT IT LOOKS LIKE. I LIKE VODKA IS GOOD. YOU KNOW, WHATEVER. OR A RESTAURANT. SO, I MEAN, I THINK GETTING OF THE WHAT IF, WHAT IF, WHAT IF, WHAT IF TEN YEARS, 20 YEARS, 30 YEARS DOWN THE LINE GETS WE GET BLINDED BY THE CAN'T SEE THE FOREST FOR THE TREES KIND OF THING VERSUS THIS GENTLEMAN JUST WANTS TO BUILD A SELF STORAGE UNIT IF WE JUST. AND I'M NOT WORRIED ABOUT LITIGATION. I'M A LAWYER. IF SOMEBODY COMES IN AND SOME SCHOOL WANTS TO A PUBLIC SCHOOL OR MAYNARD ISD WANTS TO COME IN AND BUILD A SCHOOL THERE, IT'S GOING TO GET APPROVED, THEY'RE GOING TO COME IN AND SAY, WE WANT TO BUILD A SCHOOL THERE. EITHER YOU'RE GOING TO SELL IT TO US OR WE'RE GOING TO JUST TAKE IT BY EMINENT DOMAIN, AND WE'RE GOING TO BUILD IT ANYWAY. AND THAT'S HOW IT'S GOING TO BE. THERE'S NOT GOING TO BE A BUNCH OF LITIGATION. THERE'S NOT GOING TO BE A BUNCH OF ANYTHING IN MY OPINION, BECAUSE LAWYERS ARE SMARTER THAN THAT. WE'RE JUST GOING TO BE LIKE, YEAH, YOU'RE RIGHT, WE CAN'T DO THAT. BUT IF WE JUST APPROVE THIS C-2 ON THE CONDITION THAT HE'S GOING TO BUILD A STORAGE UNIT, ANYBODY ELSE WHO WANTS TO DO ANYTHING DIFFERENT? SIX MONTHS, SIX YEARS FROM NOW CAN COME IN AND SEE THIS GROUP OF PEOPLE OR ANOTHER GROUP OF PEOPLE AND ASK NICELY, HEY, WE WANT TO DO A RESTAURANT OR WE WANT TO DO AN RV PARK, AND THEN THAT COMMISSION CAN LOOK AT IT AND SEE WHAT 290 CORRIDOR LOOKS AT THAT TIME, WHICH COULD BE VASTLY DIFFERENT THAN WHAT WE'RE LOOKING AT RIGHT NOW. SO WOULD YOU RECOMMEND A MOTION THAT THAT ONLY ALLOWS MINI STORAGE WAREHOUSE AND MAYBE, RETAIL? TO ME, THE GENTLEMAN WANTS TO BUILD A YES TO DO I MOVE WE APPROVE THE C-2 ZONING TO ALLOW HIM TO DO THE MINI STORAGE WAREHOUSE AND GENERAL RETAIL SALES. AND IF THERE'S ANYTHING ELSE I MISSED ABOUT [01:05:07] WHAT ELSE HE MIGHT WANT TO DO THAT MIGHT BE ASSOCIATED WITH A MINI STORAGE FOR SALES THAT GENERATE SALES TAX THAT WE THAT WE APPROVE THAT. SO MY MOTION IS APPROVED WITH MINI STORAGE WAREHOUSE AND GENERAL RETAIL SALES. AND IF THERE'S SOMETHING I MISSED, PLEASE LET ME KNOW. MOTION FROM COMMISSIONER TERRY IS TO APPROVE. A RECOMMENDATION OF APPROVAL FROM AGRICULTURAL TO C2 MEDIUM COMMERCIAL WITH THE ALLOWED USES BEING LIMITED TO THOSE THAT ARE STATUTORILY REQUIRED BY STATE LAW AND GENERAL RETAIL SALES, GENERAL AND MINI STORAGE WAREHOUSE. IS THAT CLEAR? IS THAT APPROPRIATE? IS THAT CLOSE? SOUNDS GOOD TO ME. ALL RIGHT. THAT'S THE MOTION. DO I HAVE A SECOND? I'LL SECOND. SECOND FROM COMMISSIONER PRICE. ANY DISCUSSION? UVA, DO YOU HAVE SOMETHING? UVA OKAY, I'LL MAKE A COMMENT AFTER ALL. OH ALRIGHTY. ALL THOSE IN FAVOR OF THIS MOTION AS AMENDED OR AS PARDON ME? NO. ALL THOSE IN FAVOR OF THE MOTION, PLEASE RAISE YOUR HAND. YEAH. ALL THOSE OPPOSED? OKAY. ALL RIGHT, I'M ABSTAINING. THE MOTION PASSES WITH A VOTE OF WITH, COMMISSIONER NEELY ABSTAINING THE REST OF THE BALANCE IN FAVOR? THANK YOU SO MUCH. THANK YOU. THAT'S OUR RECOMMENDATION FOR APPROVAL. WE'LL SEE WHAT HAPPENS NEXT WEEK OR TOMORROW. YEAH. THANK YOU. COMMISSIONERS, YUBA CITY SECRETARY. SO JUST SO YOU IT'S KIND OF CONFUSING, THERE SHOULD ONLY BE ONE MOTION. I MEAN, IF THE MOTION FAILS, IT FAILS. YOU DON'T CONTINUE TO MAKE MOTIONS. SO THIS IS MY OBSERVATION TONIGHT. SO I WANTED TO BRING THAT UP FOR YOUR NEXT AGENDA. YOU GUYS DON'T. IT'S I'M NOT SURE. SO THE ITEM WOULD HAVE DIED ON THE FIRST MOTION OF FAILURE. SO I WAS GOING TO RECOMMEND. I MEAN, IT CAN BE RECOMMENDED. IT'S PASSED. BUT IF YOU GUYS NEED ADDITIONAL TIME, I HAVE REQUESTED FOR LEGAL TO START ATTENDING THESE MEETINGS, SO YOU GUYS CAN HAVE QUESTIONS AND Y'ALL CAN HAVE YOUR ANSWERS RIGHT AWAY. AND REGARDING MOTIONS AND BUT JUST SO YOU KNOW, IF A MOTION FAILS, IT FAILS. YOU DON'T CONTINUE TO DO MOTIONS UNTIL IT GETS APPROVED. WELL, YOU CAN ALWAYS MOVE TO YOU CAN RECOMMEND DISAPPROVAL UNLESS SOMEBODY BRINGS IT BACK, MEANING THE ONE OF YOU GUYS WOULD MAKE A MOTION TO RECONSIDER THE MOTION. SO IT'S DIFFERENT STEPS. JUST WANTED TO BRING THAT UP. OKAY. IS THAT WHAT THE AUSTIN CITY COUNCIL DOES IN TRAVIS COUNTY? COMMISSIONERS COURT? BECAUSE THAT'S WHO I'VE WATCHED FOR THE LAST 15 YEARS. SO THE ROBERT'S RULES OF ORDER COUNCIL DOES IT AS WELL. OKAY. SO I JUST WANTED TO BRING IT UP TO YOU GUYS. THANK YOU. SO SINCE WE DID THAT ANYWAY, IT'S ALREADY DONE. WE'RE GOING TO GO AHEAD AND MOVE. OKAY GREAT. THANK GOD. BUT YEAH WHAT IF WE EVER NEED TO IF WE IF WE SEE THE MOTION, IF THE MOTION FAILS, A COMMISSIONER NEEDS TO ONE A MEMBER OF THE COMMISSION NEEDS TO WOULD NEED TO RECONSIDER THE MOTION REQUEST OR RECONSIDER THE MOTION. DOES IT NEED TO BE THE ONE WHO FILED THE ORIGINAL MOTION THAT. WHOEVER VOTES AGAINST THE MOTION THAT FAILS HAS TO REQUEST A RECONSIDERATION, AND THEN THAT HAS TO BE VOTED ON FOR RECONSIDERATION BY THE BOARD, BY THE COMMISSION. OKAY. CAN A NEW MOTION BE RECONSIDERED. ALRIGHTY. I'M SORRY THIS TOOK SO LONG. THANK YOU SO MUCH. OH, THANK YOU. HEY, WE'RE HAVING FUN WITH ROBERTS HERE. THANK YOU AL, THE NEXT ITEM. ITEM SIX CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A FINAL PLAT FOR THE HOLLY SMITH MUSTANG VALLEY DIVISION SUBDIVISION PHASE TWO. THIS IS 109 LOTS ON 28.384 ACRES. MORE OR LESS, AND LOCATED NEAR THE OPPOSITE SIDE OF THE ROAD AT THE INTERSECTION OF FM 973 AND ARNHEM LANE IN MAYNARD, TEXAS. THE APPLICANT IS CARLSON, BRIGANCE AND DOERING, INC. THE OWNER IS KB HOME. LONE STAR INCORPORATED. OKAY, SO TO GIVE A LITTLE BIT OF CLARITY ON THE LOCATION, THIS SUBDIVISION IS JUST ABOVE THE SENIOR HIGH SCHOOL. IT DOESN'T EXACTLY HAVE A ROAD CONNECTED TO IT YET, SO I COULDN'T PLACE WHERE IT'S AT. BUT I DO WANT TO MENTION THIS ITEM IS NON-DISCRETIONARY. THANK YOU. SO THEN I MOVE TO APPROVE AGENDA ITEM NUMBER SIX. I'LL SECOND IT. ALRIGHTY. WE HAVE A [01:10:05] MOTION FROM COMMISSIONER LEONARD AND A SECOND BY COMMISSIONER PIES. I HAVE A QUESTION. ALRIGHTY. I HAVE A QUESTION FROM MR. COMMISSIONER MEYER. COMMISSIONER MEYER, AT THE TIME OF THE SUBDIVISION'S ACCEPTANCE, WILL THERE BE TWO WAYS IN AND OUT OF THIS? THE NEXT AGENDA ITEM ACTUALLY REFERENCES THAT IT'S A DEDICATION OF RIGHT OF WAY TO PROVIDE SECONDARY ACCESS. YES. BACK OF THE SUBDIVISION. IT HAPPENS TO BE 64FT WIDE, CURB TO CURB IF IT'S APPROVED ALREADY. THE MOTION ON THE TABLE IS UP FOR A VOTE. ALL THOSE IN FAVOR OF THIS NON-DISCRETIONARY ITEM SAY AYE OR RAISE YOUR HAND I. I. THOSE OPPOSED. THAT MOTION PASSES. IF I MAY FEEL FREE TO USE BOTH HANDS TO PRESS THE BUTTON. AND ALSO RAISE YOUR OTHER HAND. I KNOW. THERE YOU GO. REACHING AND TRYING TO TALK AT THE SAME TIME. APOLOGIES. WE'RE SAVING OUR NEIGHBORS FROM OUR 7 P.M. MESSINESS. ITEM EIGHT. PARDON ME. THAT WAS ITEM SEVEN. I'VE GOT TO CATCH UP MYSELF HERE, Y'ALL. THANK YOU. THAT WAS ITEM SIX. ITEM SEVEN IS CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON FINAL PLAT FOR THE MUSTANG VALLEY. HOLLY SMITH, PHASE FOUR A RIGHT OF WAY SUBDIVISION BEING 6.178 ACRES OF RIGHT OF WAY AND BEING LOCATED IN BETWEEN THE EXISTING ANDERSON ROAD AND GREGG WITH TWO G'S LANE IN MAYNARD, TEXAS. SAME APPLICANT AND OWNER AS THE LAST ITEM. STAFF YEAH, THIS IS THE RIGHT OF WAY SECONDARY ACCESS, RIGHT OF WAY THAT'S BEING CONSTRUCTED. IT'LL HAVE WASTEWATER INFRASTRUCTURE UNDERNEATH, BUT IT SERVES AS SECONDARY ACCESS TO THE SUBDIVISION FROM THE REAR. AND IT WILL ALSO EVENTUALLY CONNECT TO THE CAMERON ROAD EXTENSION COMING IN FROM THE EAST. YES. SO IT WOULD CONNECT WITH THE GREGG LANE. IS THAT CORRECT? IT GOES UP TO THE GREGG. THERE'S A GREGG LANE DEVELOPMENT LLC THAT OWNS THE PROPERTY. YES. BEHIND GREGG LANE. BUT IT DOES NOT CURRENTLY CONNECT. YEAH. YOU CAN SEE WHERE THEY'RE STARTING TO MOVE THE DIRT. YEAH SO THE AND THIS IS THE SAME SUBDIVISION THAT WAS HERE LAST MONTH FOR THE SOIL AMENDMENT. CORRECT. OR WAS THAT A DIFFERENT. NO. I'M SO SORRY. AM I GETTING MY MUSTANGS CONFUSED? PAULINE GRAY GBA CITY ENGINEER, I BELIEVE YOU'RE TALKING ABOUT THE NEW HAVEN DEVELOPMENT. NEW HAVEN, I APOLOGIZE, THAT'S THE ONE WHERE Y'ALL APPROVED THE PAVING, WITH, LIKE, THE WITH THE GEOGRID? YES. YEAH SO. BUT THIS SUBDIVISION WILL EVENTUALLY TIE INTO THE NEW HAVEN ONE, AND IT WILL BASICALLY CONNECT AND GET EVERYTHING OUT TO GREGG LANE. THAT MAKES SENSE. THAT'S WHAT I WAS THINKING. SO THIS IS ADJACENT TO THE ALSO UNDERWAY NEW HAVEN SUBDIVISION. AND THESE WILL BE CONTIGUOUS AND CONNECTED. YES UPON APPROVAL OF THIS ITEM. YES OKAY. YEAH THEY HAVE TO CONSTRUCT THE ROAD AND THEN THEY HAVE TO RECORD THE PLAT AND DEDICATE THE RIGHT OF WAY TO THE CITY. BUT YES, EVENTUALLY IT WILL. ALL RIGHTY. THIS ITEM IS ALSO NON-DISCRETIONARY. I MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER SEVEN. COMMISSIONER PRICE, AT THE MOTION TO APPROVE THE ITEM, THE STAFF RECOMMENDATION HERE, DO I HAVE A SECOND, SECOND, SECOND FROM COMMISSIONER NEELY? ANY OF DISCUSSION? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND OR PUSH YOUR BUTTON. I ALL THOSE OPPOSED. THE MOTION PASSES UNANIMOUSLY. OH. TIME FOR MORE QUESTIONS, THE NEXT ITEM IS ITEM EIGHT. IT'S CONSIDERATION DISCUSSION AND POSSIBLE ACTION ON A FINAL PLAT FOR THE VENTURA AT TOWER ROAD APARTMENT SUBDIVISION. THAT'S ONE LOT ON 15.074 ACRES, MORE OR LESS BEING LOCATED AT 12100 TOWER ROAD IN MAYNARD, TEXAS. THE APPLICANT IS KIMLEY-HORN. THE OWNER IS ARE KENNETH AND SUSANA TOMLINSON. I BELIEVE WE HAVE A SPEAKER SIGNED UP ON THIS ITEM. WONDERFUL. AVAILABLE FOR QUESTIONS. OH, IT'S MR. GRAHAM. ANDY GRAHAM FROM KIMLEY-HORN IS HERE TO ANSWER QUESTIONS FOR THE APPLICANT. DO WE HAVE A MOTION OR NO. THIS ONE I ACTUALLY DO HAVE A BIT OF BACKGROUND TO PROVIDE. I WAS GOING TO SAY WE HAVE TO GET SOME CLARIFICATION BECAUSE OF A LATE BACKUP REQUEST. WHAT? GO FOR IT. SO FOR THIS ITEM WE HAVE TO INCLUDE THE STIPULATION THAT IT CANNOT BE RECORDED UNTIL THE PRELIMINARY PLAT IS APPROVED AT PNC NEXT MONTH. SEQUENTIALLY SPEAKING, THE PRELIMINARY PLAT WAS APPROVED BEFORE THE FINAL PLAT AND ALSO HAS ITS CONSTRUCTION PLAN APPROVAL. HOWEVER, THE PRELIMINARY PLAT WAS NOT APPROVED IN TIME FOR US TO SEND OUT THE NOTIFICATION SO IT COULD NOT BE HEARD TODAY. SO IS THIS [01:15:02] NOT BEEN PROPERLY NOTICED? THE FINAL PLAT DOESN'T NEED NOTICE, ONLY THE PRELIMINARY PLAT. THE PRELIMINARY PLAT HAS BEEN NOTICED. OKAY, IT WILL BE NOTICED NEXT MONTH, AND DOES THE CITY HAVE RECORD THAT THE MANVILLE CCN THAT THIS PARCEL HAS BEEN RELEASED FROM THE MANVILLE CCN? SO THAT'S ALSO SOMETHING THAT NEEDS TO BE UPDATED. THIS WAS INTENDED TO GO TO COUNCIL NEXT WEEK, BUT WE DID NOT RECEIVE THAT DOCUMENT IN TIME. IT'S ALREADY BEEN SIGNED BY MANVILLE. IT JUST NEEDS TO GO TO COUNCIL ON OCTOBER 2ND. SO ALL OF THIS WILL BE TIED UP AND ONCE THAT'S TAKEN CARE OF, THEN WE CAN RECORD THE FINAL PLAT. OKAY. IS THIS ELIGIBLE FOR ACTION THEN? YES, WE CAN APPROVE IT WITH THE CONDITION THAT IT NOT BE RECORDED UNTIL THE PRELIMINARY PLAT IS APPROVED AND THE CCN SWAP IS COMPLETE AND FILED WITH THE PUC. OKAY, PERFECT. THAT'S A SEE ALL MY QUESTIONS. YOU GOT ALL MY LITTLE NOTES ARE ALL TAKEN CARE OF NOW, COMMISSIONER CECIL PARKER, COMMISSIONER MEYER, APOLOGIES, I'D LIKE TO MAKE A MOTION THAT WE APPROVE. AGENDA ITEM NUMBER EIGHT WITH THE CONDITION THAT THE FINAL PLAT CANNOT BE RECORDED UNTIL THE CCN SWAP WITH MANVILLE IS COMPLETE AND THE PRELIMINARY PLAT GOES THROUGH P AND Z. DO YOU HAVE A SECOND? I HAVE A RECOMMENDATION OR. PARDON ME, I HAVE A YES. I HAVE A MOTION FROM COMMISSIONER MEYER, A SECOND FROM COMMISSIONER PIES FOR THE STAFF RECOMMENDATION. DO WE HAVE ANY DISCUSSION ON THIS MOTION ON THIS ITEM? SEEING NONE, WE'LL TAKE A VOTE. WE CAN RAISE OUR HANDS. ALL THOSE IN FAVOR, SAY AYE OR RAISE YOUR HAND. I I ALL THOSE OPPOSED. MOTION IS UNANIMOUS. ALRIGHTY. AND WITH THAT, THAT WRAPS UP ALL THE BUSINESS FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF MAYNARD. IT IS 7:49 P.M. ON WEDNESDAY, SEPTEMBER 11TH, AND THIS MEETING IS ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.