Good evening. It's 6 o'clock. I am James Bell tonight and I'll be serving as the chair. This is the planning and zoning commission meeting for February 5th, 2026. The agenda for today's meeting is available on the table outside. If you did not get one, you may wish to pick one up. We will call the cases in order that they are listed on the agenda. The first matter business tonight is citizens comment. Any citizen wishing to appear before a regular meeting of the planning and zoning commission regarding any matter post on the agenda was to sign up no later than 6 p.m. on the day of the meeting. If anyone signed up to speak, they will have three minutes to speak. Staff will time each citizen and provide a warning when they have 30 seconds left. Did we have anyone signed up? Thank you. The next matter of business is the approval of the minutes for the January 8th, 2026 regular planning and zoning commission meeting. Do we have a motion? >> Motion to approve. >> We have a motion. >> Second. >> Have a motion and a second. All in favor say I. >> I. All oppose say nay. Motion carries. Seven to nothing. Next matter of business are the zone cases. When we call up the zone case, the following steps will be taken. The first case, I will open a public hearing. We'll call the applicant and representative. Well, I guess let me start over. I'm getting ahead of myself. First, I invite the city staff to make their presentation of the case. The board may ask the staff any questions, but we no comments or debate will be taking place. I will then open a public hearing on the case. We'll call the applicant, his or her representative for any additional comments. Anybody that speaks needs to clearly give their name and address for the record and explain their case. After the applicant has spoken, we will ask for anyone to speak in opposition to speak. Then we will ask for those in favor and the public hearing will do. The first matter of business that we have today is zone case number 3552. Good evening chairman and members of the commission. My name is Shane Spencer and this is zone case 3552. The applicant is Hugo Reeden Associates for Love Economic Development Alliance and they're requesting a zone change from Lowdensity Single Family District SF2 to General Industrial GI. The subject property is located east of Avenue P and south of Drew Street with additional property located west of North Ash. We have sent 51 letters and we have received 10 letters in favor and now two letters in opposition. Here is the notification map. One property in opposition was concerned about this property becoming a landfill. Here's the aerial map. There are homes to the north of the largest parcel with two smaller parcels to the north having homes or vacant homes to their respective souths along with uh industrial property to the east of those two properties. Otherwise, the surrounding properties agricultural city limits does surround the largest parcel on three sides and also the railroad is adjacent to all three properties. It runs alongside it. Here is the zoning map. The largest parcel is adjacent to some properties owned SF2 as well as city limits. And there are two parcel the other two parcels are adjacent to further SF2 zoning and general industrial zoning as well. Here's the future land use map which designates these properties for industrial land uses. Here are photos of the subject property that is on Drew Street. That's the larger one, as well as the surrounding areas. The following two slides are from the properties along North Ash. This one's to the south and the surrounding areas. And the furthest north one as in the surrounding areas. Here's a diagram provided by the applicant as well as a series of maps also provided by the applicant. The future land use map designates this area for industrial land uses and this proposed zone change is fully consistent with this designation and it would be appropriate considering the existing nearby zoning districts land uses. Therefore, this request is in complete conformance with the comprehensive plan principles. The proposed zone change is in conformance with the zoning ordinance and is compatible with the surrounding area would not change the character of the existing development. The bulk of this request is located along uh Cuca Street and Drew Street which are designated as principal arterials and along North Avenue P which is designated as a minor arterial by the master thoroughare plane 2018. The properties to the north are along North Ash Avenue which is designated as a local street. Staff has no objections to this request and I'd be pleased to answer any questions you may have at this time. >> Okay. Thank you, Shane. Do we have any questions for staff at this time? Okay. Thank you. We'll now open the public hearing as the applicant or his or her representative here. Good evening, Mr. Hullman. >> Good evening. >> Evening chairman and members of the planning commission. I'm Terry Hullman with Hugo Read and Associates. Our address is 1601 Avenue in. Um going to sort of hopefully add a little bit to what Mr. Spencer stated tonight and kind of walk you through why we're here and why we believe this is a a a very good case. We are representing Love Economic Development Alliance. Um they have owned this property for a while and kind of like to get you a little bit of history on how we got here. Um there are three separate tracks as Mr. Spencer pointed out. Oops, sorry. The two on the north we'll talk about first and then we'll then we'll talk a little more in depth about the the largest one on the on the south. So on the tracks on the north uh that property was annexed in 2016 and Lita then acquired those they had already owned the love railport which is the gray area the industrial area to the east of that. um leader acquired those tracks in 2018 and there there was never really a need to go through the zoning because they just didn't have ideas to really do anything with the property at that time quite yet. Um the large tract on the south uh was annexed in 2018 and then Lita then acquired that in 2023. Lita owns just a very small portion of this area that's outside the zone case tonight. about half of this little leaveout area. When um when the property was annexed, Lita did not yet own the property and so but Lita was able to acquire about half of that property, but it's not yet in the city limits, so we can't talk to you about zoning. So that's why there's a slight disconnect on the geometry there. Okay. Um in any event, we got the property annexed uh in two different phases. We feel like now is the time for us to clean this up a bit. So, uh, the the two northern tracks, um, uh, is all that Lita owns next to their love rail port currently. And the idea is to just get this cleaned up and get that transitioned over to General Industrial, which matches the Love Rail Port just to the east of us. Okay? And that's under a lot of activity right now. You may recall last month the property just to the west of that which on this map shows as SF2. This was one of the tracks that you all considered for changing to industrial as part of the city of Leach uh zone map updates. And so while that's still in play, that's not that's not finalized yet. So that's why that today still looks like residential, but it will uh presuming we pass city council that will be industrial. Property on the south I think is pretty self-explanatory. Um we it's a larger track that's industrial and we'll talk more on that in a moment. I want to kind of from the start here also maybe ease or alleviate any confusion. Um we were visiting with you on a separate zone case last month uh with respect to another property about 900 acres a little bit south of here that was there's a lot of discussion at that about a data center. This is not that case. This is a completely different request. We had already made this application before we even came and visited with you about that other deal last month. So, uh, this is very much a generic general industrial zone request, and we just feel like it's time for us to get the property properly zoned so that Lita can adequately market the property and do what Lita does, which is bring jobs and growth to to our city. I'm going to try to give you a little bit of context, and I'll be as brief as I can here. Um this is the future land use map. Uh and and this this is accurate, right? Um but it doesn't in our view it doesn't tell as much as the story as it could. The the way these graphics are put together is it represents Whoops, sorry. It represents the future land use. Um and it it sort of restricts it to just what is currently in the city limits. And so while it looks like, for example, the area down here might be something different, it's only a different color only because it's not currently in the city limits. And what I wanted to illustrate for you all to make sure that everyone was clear is this is the actual future land use map that is in the comp plan. What is in the comp plan doesn't really um identify necessarily what's inside and outside the city limits. It's a little bit higher flyover so to speak with respect to land use. And so I wanted to point out to you that this is our this is our requested property here. But even those areas here that are well golly even those areas here that are outside the city limits um even the comp plan does identify those as industrial. So we believe this is about a good a fit uh with respect to the comp plan as as we can can get. I'd like to now visit with you about uh these are some graphics that John and his group put together. Um it helps show the you know sort of puts put this in location. Obviously we've got the airport over here. We've got a private landfill to the south of us here and we've got the city of Leach uh solid waste landfill right here. Uh this is all pretty much undeveloped. We're going to drill in a little tighter now. Um we just sort of take inventory on what we've got on the two northern tracks. Um we are bordered by u the the rail up there and we have the uh love rail port development to the east of us. So I feel like that's a pretty well defined golly down here on the south. I'm hitting the thing by mistake. I apologize for that. So, let's just we we have rail. I'm going to talk about that here in a little bit, but this 375 acres which is identified here is the Rhyr site. This was the previous land owner and that's why it's identified that way before Lita acquired it. Um, we have the two landfill locations south of us. We have a a wind turbine recycling center right here. Uh, down in this area right here, we got the rail. Obviously, we have the the highway and we've got the airport. What? I don't know what I'm doing wrong and I apologize. You I can't use the cursor and not flip this. That's what's going on. Um to the north of us, yes, there are a few homes. Uh on the south side of Drew Street, um Lita owns half of that and there's one other property that is still one standing residence and LITA is actively trying to acquire that. So, at the end of the day, we believe that Lita will be able to control all of the property south of Drew Street and there would not be any residences on the south. On the north side of Drew Street, there are still three residences uh their old county residences. It's an un unannexed area um that appear to be occupied. There's also a business. It's called RV Shop. It looks like they work on tractors and that kind of stuff. Um there's a an older thing that looks like it used to be a house, which is uh you know, unoccupiable now. odds. It's It's in pretty bad repair. And so, uh, we feel like with what's around us, we're set up very nicely for industrial at this location. Why G why GI at this location? Uh, the thing that's driving it for us is the rail. Um, there are few locations in Leach where we have this much rail that runs in a straight line next to our property. And it sets up so nicely for us to have rail service, rail spurs onto this 375 acres here. Um, a lot of other locations you might have rail, but the just the the curve of the rail at that location or you might not have enough property to actually make use of the rail. Here we can. And General Industrial is the only zoning district that speaks to rail traffic as part of its purpose statement. So we believe that makes the most sense for us. Um, also I normally try to stay away from drainage, right, when we talk about zoning, but I would be remiss if I didn't tell you that for this property, it sets up so nicely. The the the norththeast corner of that 375 acres is the high spot. And so all of the surface drainage drains away from Drew Street down to the southwest um into the uh Blackwater draw or down to the far southwest corner where there's a slight flood zone. So, it sets up nicely for development. It sets up nicely for land use. It sets up nicely for rail traffic. Uh it's just good all the way around. One of the things I also want to point out to you is yes, we're asking for general industrial uh because that's what we believe we need at this location. That in and of itself does not give us a cart block to just go build anything we want, right? Um there are some of the most intense uses that are not allowed under this case that we're presenting tonight. if we wanted to do these things that I'm fixing to call out, we would have to come back to you again for for special permission, specific use, and I'd be remiss if I didn't just spell that out just to let you know, even though it's general industrial, our hands are still tied to an extent on what we can do. For example, we cannot we cannot do correctional institution. We cannot do sexually oriented business. We cannot do a motorcycle racetrack. We can't do an outdoor shooting range. We can't do a concrete batch plant. Okay, now let me qualify that. We can do a temporary one for construction on the side, but not a permanent operation that's set up um forever. We can't do a junkyard or salvage yard or wrecking yard. We cannot do resource extraction, which is oil drilling. We cannot do a stockyard. We cannot do taxiderermy. We cannot do a landfill. And so that one opposition letter that the gentleman said that he didn't want a landfill. Well, good news for him and good news for us. Um, we cannot do a landfill and we don't intend to do a landfill, right? And so we we believe that that in and of itself, he said that he would support us if we weren't doing that and we just can't. And so I think that works out well for all of us. We cannot do power generation. We cannot do a billboard and thankfully we cannot do a helipad. So we're not going to have helicopters flying in and out. Um, I think this is a good as of an industrial case as as I've had the pleasure of presenting in quite a while. Uh, I'd be happy to answer your questions. Uh, I also have the, uh, Mr. Osborne here to answer questions if you would like to hear from him, but uh, we would we would certainly appreciate a positive vote tonight. Thank you. >> Thank you, Mr. Hullman. Does anyone have questions for them at this time? >> Okay. Thank you very much. >> Is there anyone here wishing to speak in opposition to this case? If so, please come forward. When you come up again, please state your name and address for the record. My name is Kylo Witworth and I live at 602 FM 1294 or 602 Drew Street. I'm going to read my script first and then I have what I took notes on. Thank you for allowing me to speak. I am here to respectfully oppose the request to reszone the area directly across the street from me across the street from at 1294 to an industrial district. My family chose to purchase our home where we did because it was designated as a residential area. The decision to buy out farmland and reszone it to a general industrial district is devastating to families who have chosen to live outside the city limits. When purchasing our home, we did so with many factors in mind. We were at the time adopting our two youngest daughters. And as a family of eight, we wanted more space in a home and outside room for our kids to play. We wanted to teach family values by working the land, tending the animals, and remodeling a home that had been neglected for many, many years. We have invested our savings into our property based on these goals. When homes sit next to industrial operations, buyers disappear and values decline. For many of us, our home is our largest financial investment and this decision directly threatens our investment. We already feel the feel the effects of the industrial development. A manufacturing facility sits directly in my backyard. Our once open view is now a wall of lights and dust that does not stop day or night. Our once backyard view is literally blocked with the Bayer or Delta Pine plant. Land that was conveniently owned by Lita, which currently owns the land in question. This change alone has permanently altered the character of our property. Approving additional industrial zoning will only intensify the imp impact and make our area less livable, less desirable, and less safe for families. While there may only be a handful of homes living in these areas today, we are not insignificant. We purchase our homes here. We pay our taxes here. We support local businesses, schools, and churches. We are part of our community and our voices matter. Just because we are few in number does not mean we should be sacrificed for convenience. Not only does approving the resoning of the land around us hurt our property, it hurts our schools. Recently, New Deal was able to build a new elementary and middle school bonds which we were in favor of to help the growth in the New Deal community. By reszoning to industrial, you are ensuring the community of New Deal and any residential growth north of Levik is greatly dwarfed by your desire to push industry to the far outskirts of Levik. It is also important to note that there is already land in this city zoned for general industrial use that is sitting vacant and unused. If industry needs room to expand, there are appropriate areas for that growth that do not require displacing families. Except they're not displacing us. They're taking our property value. No one will want our property. We have no way out. If my husband wants to relocate for his job or we have a medical emergency, we can't sell our property. Reszoning our area is not a necessity. It is simply an easier option. If the city truly wants to grow and thrive, it must build communities, not just factories. You cannot create a healthy, balanced city by pushing industry outward without providing family housing or protecting protecting residential areas. Families are the backbone of this community. We raise our children here. We volunteer here. and we have invested for the long term. Forcing industry into residential areas makes it impossible to build the kind of neighborhoods that attract and retain families. We're not against progress and we're not against business. We're asking for reasonable, responsible planning that respects the people who already live here and the communities that were made or the commitments that were made when our home was purchased. Lastly, we are to be good stewards of what we have. My home may not look like a home in South Levik, but my home is my home. We've put our blood, our sweat, and our tears into revamping a 1935 farm home. Leo, on the other hand, has not been good stewards of what they have. They continue to buy land and oppress the small minority populations of North and East Lach. Um, I did take notes. So, the applicant left out the homes that are in that stretch, that white stretch. There are a row of homes there. There are families there, and I was told by Hugo Reed, there's a handful of homes out there. We are those handful of homes that are out there. Also, I'm going to assume that the in favor, and I know what assumptions do, are the investment companies that own all of that land already out there in the small cutout portion that Lita already owns, there is a home that is in that other part of that property that is not being shown on that map. And regardless of what industry, whether it's data, whatever it is, which I know you said that can't, it still that's my front door. That's what I open. That's what my kids walk out to every morning when they get on the bus and go to school. That's what they see. This is the first time I've ever seen that. We are going to we our area is considered general industrial. The whole thing closed in. I have never seen that map. We've never been told that map. So, why not wait until that entire area can be general industrial when the whole when all the residents are gone and you're not affecting properties? Why not buy us out? Why not let us move? Let someone else buy the property that is a business. Why are we approving it when we have to do all of these cutouts and when we affect families? I am respectfully asking that you be good stewards of the community that you serve and I'm asking that you deny the request. Thank you. Thank you. Is there anyone else wishing to speak in opposition? Yes, sir. Again, please state your name and address for the record. >> Well, my name is William Witworth. I also live at 602 FM 1294, now known as 602 Drew Street due to the city annexing all of that around um the house that appears to be occupied. But if you come out there and you see my kids throwing the football in the front yard, running around with the dog, taking care of the animals, it's very well occupied. I'm also here to respectfully oppose the request to reszone this area into an industrial district. So, my family and I bought the property and moved in back in 2015. We needed a wife already stated some of this. Uh we needed a bigger house for our growing family with the upcoming adoption of our two youngest daughters. We picked the house because it was surrounded by wide open spaces and a few other families. It provided what we thought would be a lifetime of room to play and the ability to teach them about raising animals and the possibility for maybe even their children to eventually enjoy those same activities. This original home was built in 1935. It's been around longer than the first land use plan Lach put together in 1943. That original land use plan didn't concern itself with the areas north of Leach except in the comment that the areas north and east of Leach were desirable for the Mexican and Negro population. And so they didn't concern theelves with it. And what this feels like is continuing that same rhetoric because you don't care about the families that are out there because we're small in number. It might not be because of the demographic, but it is because we are the minority owners out there. So, like my wife said, the the the words of well, there's it's only a handful of houses came straight from Hugo Reed when we spoke to them about what the plans are, which there are no plans for that property. Hugo Reed is doing this as we were told on the phone as requested by Lita. Lita has no plans for this except apparently to uh continue to market it like they did for the Monsanto plant and give the land away to get an ind another manufacturing or industrial corporation in there. So currently in that area around us and in the actual business park, Lita owns over a thousand acres of land that they have purchased and are allowing to sit vacant and unused. So it really questions the need to ensure that nothing else can be done with this land. No subdivisions can come in if a developer wants to come and put one in except so that they can continue to to to drive more of the industrial plants out there. So in the 2024 land use plan was a compat I'm assuming some of y'all have reviewed it. So it's not the current one but the 2024 one has a compatibility matrix and it was supposed to be used to determine the compatible land use where some land uses can share characteristics well according to the so so according to to that matrix so Lita's own matrix rur I hate saying this word rural land shares zero characteristics with industrial it further states that rural residential is more appropriate until the city has identified adequate funding mechanisms to support suburban style residential and non-residential development. And if you have no plans for it, then that tells me you have no funding mechanisms in place for it. Couple more excerpts from that land use plan was the question, will the proposed change enhance the site and the surrounding area? How does an industrial complex enhance my home and my property and the rest of the people that live out there? Another one are existing or planned uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility. How does that come? H how does an industrial plant follow those guidelines being put in next to our homes and our families? How does the proposed use present a measurable benefit to the public health, safety, and welfare of the community? Community refers to people. So, how does reszoning this area as industrial benefit the our health, our safety, and our welfare? And does it Part of the problem could be this could be this line from that land use plan. Locations for rural residential are not currently identified within the future land use map. However, development of this type could be appropriate in the future in areas of lick where utilities are not provided or planned. And as discussed during the attempted annexation of our small handful of homes, the city has no plans to run water, sewer, or even emergency services anywhere near our area. There's not a single member of Lita that lives anywhere near this proposed industrial complex. Not even the board of directors of Lita. Not a one of them live anywhere near that. One of one of the board of directors doesn't even live in the city of Leach. But that's who got to make the decision for our property, for our homes, and what use that's going to what future use is going to be surrounding us. Our view has been demolished. Our water possibly polluted. So, uh I can't remember your name. I'm sorry. Referred to the drainage and so this being ideal site because of the drainage on the surface and all the drainage going away from 1294 to that southeast corner. That's the surface. The aqueduct underneath runs the opposite direction. It flows downhill and and and the opposite direction. So he listed a lot of things what could not go there. Never did he mention that a plastic manufacturing plant couldn't go there. A pipe producer couldn't go there. All the things which have chemicals and can have an accident and can spill and completely ruin the water source that we are very limited to. zoning. This is industrial ensures that our our roadways we flooded with semis and we left with the property surrounded by an industrial complex that no one in their right mind would move into if we have to move out whether because of a job change uh needing to be closer to a medical facility or any other possible reason. We won't be able to move out because this plan will will will absolutely tank our property value and and our our family's largest investment. it will be completely wasted. He listed one business, but that's that's false. We have a business on our property as well that I sank an entire career retirement investment into to build up so that we could run a business out of our shop so our kids could come home from from school and help out. Nobody nobody's coming out to an industrial district to come shop. Nobody's coming to pick up from the middle of a manufacturing plant. So, it's just more investment that we'll never see back. And so, he referred to the cutout that's shaded in solid pink that's zoned or or the future use is for industrial, but we live there. And I know y'all aren't the ones that make that decision of what gets acquired and what doesn't. But if that's what the city of love and that's what Leo wants, then make it happen. You're willing to buy out empty farmland and and vacant houses, but you're not willing to do anything for the families that live there except for try to drive us out. So, with all that being said, I ask that you hold off on reszoning this land until there's actually a plan in place for it until there's actually somebody that wants to do something with it instead of simply making sure that nothing can be done except what benefits Lita and the manufacturing companies that they use. Thank you. Yes. >> Yes, sir. Uh, my name is Stephen Sanders and I live at 340475th Street. I'm here because I care about these people that you guys are driving out or you want to drive out. As it's been stated, none of you really live over there. You don't know what it's like. And a lot of people that that's all they have. When do we choose the people over profit? When do we care about the citizens instead of caring about money? It shouldn't be okay. None of them should be able to sleep at night. I know John Osborne and I know his vision and it's not okay. Not in this. industrial has become a nightmare for the people in East and North Lok, especially the people in East Lok. You all know that, but you living in denial. And I ask that you would take my words into consideration. I realize that each one of you are not necessarily responsible, but I believe that you have the power to speak on behalf of people who can't really do a whole lot about this situation. Most of you go to church every Sunday and you go to Sunday school and you say you love the Lord. Well, let's see it right here. Thank you. >> Thank you. Is there anyone else wishing to speak in an opposition at this time? Again, if you'll please state your name and address for the record. Uh, yes, sir. My name is Ted Adams. I have a residence in uh vineyard and a winery at 10801. I believe now it's North Avenue P. Of course, none of the signs have ever been changed. It's North 2300. Nobody even knows where North Avenue P is. And um anyway, um yeah, I I don't know what to say except uh I've got the what we affectionately call the Monsanto monstrosity that we get to see when the sun comes up where we live. Then I have another property across the interstate at uh 12104 North County Road 2400. And I got to I get to see it over there. It's lit up 24 hours a day. U they do dicamber resistant cotton seed which is the biggest killer of vineyards in this area. And I don't know if you know this, but uh most of the grapes that go to the Hill Country and all these very well-known areas come from our area. And Dicama is the biggest killer of vineyards in this area. They've already destroyed u Feeasant Ridg's vineyard. It's done. They had they had to shut their doors and we've lost four acres on ours. We have one acre we're trying to hang on to to get it to grow. and it it doesn't grow. You talk to farmers that the problem with the dicama and all the Anyway, that's I'm getting off on a tangent. I'm sorry. But u yeah, I've already been threatened when we did the annexation that because we're a subsistence farm, we have cattle and sheep and uh milk cows and um turkeys and chickens. I've already been threatened by the city that they were going to get animal control out there if I had any of them get near the road or if the weeds get a certain height. I hadn't seen anybody yet, but when we went through the annexation annexation hearing, they made that very clear that they were going to do that. No improvements have been done on the road, no utilities, no nothing. Um, and if I have to call uh any emergencies, I'm or emergency services. I'm not calling LEC. I'm calling New Deal because they can get there a lot faster and honestly they're a lot better. Um, but I mean I I just echo um the Witworth um you know, we moved out there and and they moved out in that area pretty soon after we were there. And um I mean yeah there's the families there. I mean we we raise uh two young we raised actually six children there on that property and um and we do have a a small winery and business there. Um but and we're all organic treatment free and so anytime you start putting industrial around it's it's uh it's really a burden for everybody's trying to do that and trying to take care of the land in a responsible way. So I mean I would strongly oppose it. I know there's a reason why this is called a hearing because you just hear what we say and you're going to vote however you want. But that's my two cents. Thank you. Is there anyone else wishing to speak in opposition? Okay. If not, we'll ask anybody here to speak in favor. Mr. Homeman, are you coming back? Can I do that? One thing I did forget to mention, uh, I just have a few things to add. Um, this property was never purposefully zoned residential. And I know you all know that. Um, but I want to say really for the benefit of the folks in the room that um, the only reason that this was ever residential is because that's what it defaults to anytime that you annex property. There was a day when when you annex, it came in as what was called T for transitional. Didn't even have a residential sort of designation. So, I want to make sure that's clear. And again, I know you're fully aware of that. Um the likelihood in my view, I've been in involved in development for now over 40 years. Um if residential were going to go here, there would have been at least something. Um it just we we see this area particularly this tract uh is frankly best suited for um non-residential and in this case industrial since we have the rail right next to us. We already have the rail. We have a major highway. We have an airport. We've got other things that um just make this work. And and that I think our choices are zero, if not at least very limited on finding any property within the city limits anywhere that doesn't have at least a house or two around that maybe old farm houses or old houses from the county. That's just almost impossible for us to avoid. And I hope you would take that in consideration. We feel like this tract is set up about as nicely as we could ever hope for. And again, we're here for any questions should you guys have any. Thank you. >> Thank you. Is there anyone else wishing to speak in favor? Okay. If not, we'll close the public hearing for a matter of discussion. Do we have a motion? >> I'll move. >> Okay, we have a motion and second. discussions. >> You don't have to go first. I just know general industrial is always a big one comes up with lots of questions. I do understand, you know, the opponents do it. I understand where lead is coming from too with the rail park being close to the rail park and really where they're trying to develop. I think it's just one of those ones to go to really look, you know, is our job is is is this a significant place for it to be able to go? And all we're doing is make a recommendation to the city council for their final part. So, that's what we've got. So, >> I kind of unfortunately have to agree. I mean, this property is sitting right on a major um highway and you've got the railroad and I don't know what else you would do with this property. I don't think residential is going to go in there. Um, no, no one's going to build a home next to the railroad. Um, and so while I absolutely sympathize, um, I just I don't know that we have any other use for this major portion of property. >> Yeah, I agree as well, especially with the airport being there. Also, there wouldn't be a subdivision that would ever go there. I don't see anybody that would develop that land into a subdivision. Uh so for that reason I really think industrial is the right use for this land. >> Yeah, there just seems to be a lot of industrial use in that area. Uh obviously with uh is that Bayer crop science further to the north I think. Um and then the rail port to the east and then you have a landfill to the south and you then of course you already mentioned the railroad and this this adjacency to the interstate provides great access and I think that industrial makes a lot of sense for this area. Um and I hear I hear your concerns out there and uh I drove this site today. I went and drove all the way around it and and saw kind of what was going on. And the landfills are really a challenging thing to the south there for much growth to occur to the north of those landfills to not be industrial. I don't I don't I don't see that. So I think I think the industrial is a is a good use. Renee, >> I'm a little torn. Um, coming from a area where there is a lot of industrial stuff and being affected myself by the things that are around us in District 2. Uh, I'm a little torn and I so I do sympathize with the residents that are out there, but again, I'm also taking into consideration, do we want more houses around the landfill? um and how is that impacting uh people um and things like that? Is that something that we need to take into consideration? Um also noise with you know a land you know with the the air um strip and all of that. So I'm kind of in a in a >> quandry. Yeah, I'm in a in a kind of a quandry with regards to that. But I'm I'm having to consider both sides. >> Any other discussion? >> I'm I'm kind of with Renee a little bit torn. Definitely sympathize with the homeowners and land owners out there. Is there a in this case because it's next to county, is there still a buffer zone? >> Isn't there supposed to be a buffer zone between industrial and residential? Am I >> Yes. Not understanding that right. >> Mr. Chairman, there is not a buffer yard requirement adjacent to property outside city limits. >> Okay. Okay. >> So, >> that gets it outside the city. So, it doesn't >> any other thoughts, questions, Kirk? I would just echo what I'm hearing and that is that I certainly sympathize but with the location the the rail line in particular I I feel like that is the best use for that property. >> I will say I really hope that Lita and Terry can work with these families and see what we can do to to best serve them as well. >> There's no other discussion. We'll go ahead and call the question. All in favor please say I. I >> I. >> All oppose? Nay. Motion carries 7 to zero. This will go to the city council for consideration. That hearing will take place on February 24th at 2 p.m. >> Next item of business is item 3.2, zone case number 3325-B. Good evening, chairman and members of the commission. This is zone case 3325B. The applicant is AMD Engineering LLC for CRKR I Limited. They're requesting a zone change from Highdensity Residential District HDR to Office District OF. The subject property is located north of 114th and east of Slide Road. We have sent 41 notices and received back one in favor and one in opposition. Here's that notification map. The one in opposition was concerned about commercial uses and traffic. Here is the aerial map. There are homes to the south and vacant land to the north, east, and west. The surrounding area is slowly being developed, I believe, with offices. Here's the zoning map. Property to the northeast, east, and west is zoned HDR with SF2 to the south across 114th Street there. And here's the future land use map, which designates this property for mixeduse land uses. Here are photographs of the subject and surrounding property. And here's an exhibit provided by the applicant. The future land use map designates this property for mixeduse land uses. And although the proposed zone change is not fully consistent with this designation, it would be appropriate considering the existing nearby zoning districts and land uses. So therefore, this request is in moderate conformance with the comprehensive plan principles. The proposed zone change is in conformance with the zoning ordinance and is compatible with the surrounding area wouldn't change the character of the existing development. The loca the location is along 114th street which is designated as a minor arterial according to the master thoroughare plan 2018. Staff has no objection to this request and I'd be pleased to answer any questions you may have at this time. >> Is there any questions for staff at this time? >> Okay. Thank you, Mr. Spencer is the applicant or his or her representative here. If you'll please state your name and address for the record. Thank you. >> Uh good evening council. My name is Jaylen Holland. I work for AMD Engineering. Our address is uh 6515 uh 68 Street Sweet 300. And just basically as Sh uh Shane stated, we're just trying to get this reszoned to uh Garden offices. And that's basically it. I'm here to answer any questions if y'all have any any questions for the applicant. >> Okay. Thank you. Is there anyone here wishing to speak in opposition to this request? Okay, seeing none, is there anyone wishing to speak in favor? Okay, seeing none, we'll close the public hearing for matter of discussion. Is there a motion? >> So moved. >> Second. >> We have a motion and a second. If I'm not mistaken, I think this area was always kind of developed, planned to be kind of an office park. I know that it's behind UMC Health and Wellness and they've got the others and if I don't recall, I think there was always signs of future offices being in there. So, >> yeah, it's all carved up like it should all be little garden offices already. Um, I'm shocked it's not already garden office. So, we're going from HDR to office. This feels like a a good transition there along 114th Street in the intended use. I agree with >> Yeah, I do too. Any other discussions on it? Okay, we'll go ahead and call the question. All in favor, please say I. I. >> All opposed? Nay. Motion carries seven to zero. Again, this will go to city council at the regular meeting on February 24th at 2 p.m. The next matter of business is zone case number three, item 3.3, zone case number 3551. Good evening, distinguished members of the commission. I'm William Lee Stockton with the planning department and this is zone case 3551. The applicant is Whiskey and Water LLC. The applicant is requesting to reszone from low density single family SF2 to Neighborhood Commercial District NC. Subject property is addressed as 30 3702 Upland Avenue located west of Upland Avenue and south of 34th Street. 72 letters were sent out and we received one back in favor and zero in opposition. Here's the notification map showing one in favor. Here's the aerial view of the property. To the south is a commercial development owned by the applicant. To the east and west are recently constructed single family residences that are unfortunately not shown on this photo due to rapid development in the area. To the north, there are single family residences and the owner of the property immediately to the north is planning to apply to reszone to commercial. The current land use map shows the properties to the south zoned auto urban commercial district AC. To the east and to the west properties are zoned medium density residential district MDR and to the north the properties are zoned lowdensity single family district SF2. The future land use designates this property for commercial uses as well as the properties to the north, south, and east. Properties to the west are designated as residential. Here's a picture of the subject property as well as views to the east, north, and south. The future land use designates this area for commercial use land uses. The proposed zone change to neighborhood commercial district is in complete conformance with this designation and is appropriate at this location. The propo proposed zone change is compatible with zoning ordinance and will be appropriate at this proposed location. Due to the property located along a principal arterial street and adjacent to the autob commercial district to the south, the change to neighborhood commercial district is well suited. The NC zoning would also provide a buffer to the residential properties to the west and north. Therefore, the proposed zone change is compatible with the surrounding area and will not change the character of existing development. The subject property is located on Upland Avenue and near 34th Street which are designated as principal art trailer streets by the master third plan 2018. Staff has no objection to the request and I can take any questions at this time. >> Are there any questions for staff? >> Quick question. You said someone to the north was also applying for zoning. >> Yes, sir. He initially uh sent a letter of or an email discussing opposition but then rescended it and is applying for a zone change of his own. Drew the the letters. You should have the letter on your spot. >> Thank you. The email is included in your packet. >> Any other questions for staff at this time? >> Okay. Thank you. >> Is there now open the public hearing? Is the applicant or his or her representative here? Would you like to say anything? >> I think this very well said. Thank you. >> Okay. Thank you. Is there anyone here to speak in opposition to this request? Okay, seeing none, is there anyone speak wishing to speak in favor? Okay, seeing none, we'll close the public hearing. Matter of discussion, do we have a motion in a second? >> I move. >> Second. >> Okay, we have a motion and a second. Is there any discussion? >> Makes sense. It's on Upland 34 right there. >> They're not going to build a house. >> Yeah. >> Well, I guess they are, >> but yeah. Well, kind of off to it, but okay. Nothing else. We'll go ahead and call the vote. All in favor, please say I. I. >> I. All oppose? Nay. Again, motion carries 7 to zero and again will be presented to city council on February 24th. Next zone case is item 3.4, 4 zone case number 23 05 I. >> Good evening distinguished members of the commission. I'm Jamie McGar with the planning department. This is zone case 2305I. Call your construction company LLC for Great Bones Investments LLC. Uh this is a request for a zone change from Highdensity Residential District HDR to Neighborhood Commercial District NC. The property is located west of or sorry north of 4th Street and east of Udica Avenue. 82 notification letters were sent out and received. We received two in favor and two in opposition. Here is the response map showing the two in favor as well as the two in opposition. Here's an aerial view showing town homes to the north, apartments to the east and northeast, commercial properties to the south, and single family homes to the west. The current land use map shows highdensity residential zoning to the south and northeast, medium density residential to the north, commercial zoning to the east, and lowdensity single family zoning to the west. The future land use map designates this property for highdensity residential use. Here's a picture of the subject property facing east as well as views to the west, north, and south. The future land use map designates this area for highdensity residential land uses. The proposed zone change to neighborhood commercial district does not conform to this designation, but due to the property operating as a medical office, the proposed zone change would bring the use into compliance. The proposed zone change is compatible with the zoning ordinance and will be appropriate at the proposed location. The requested change to a commercial designation is to allow for an addition to the primary structure and remains compatible with its current use and occupation with the surrounding area being a variety of highdensity residential and commercial uses. Neighborhood commercial zoning would be appropriate at this location. The subject property fronts Udica Avenue. The master thorough plan 2018 designates Udica Avenue as a local street. Local streets provide access to smaller destination oriented areas such as neighborhoods, subdivisions, or local business districts. Staff has no objection to the request. I can take any questions at this time. >> Just want to bring up one thing. This the medical office when it was originally built there, it was AM and it changed to the HDR. >> That's correct. So, so really they're staying in their same district and just expanding what was their current business. So even though it's a it's a zone change, it's >> quasi. >> The current residential zoning uh limits the size of the building and they're almost to the max of that going to the commercial will allow them to do the approximately 4,000 foot addition. >> Okay. Thank you. >> So the do you know if they're going to be basically using the same thing just expanding the medical? >> They're just expanding. They've outgrown their offices. >> Gotcha. >> Thank you. Any other questions for staff? Okay. Thank you very much. We'll now open the public hearing. Is the applicant or his or her representative here? >> When you come forward, please state your name and address for the record. >> Good evening, commission. U my name is Scott Collier. Our address is at Collier Constructions, 2202 Avenue E. We constructed this building originally in 2021. We completed it in 2021. uh total square footage of the building was 14,400 at the time. Whenever we initially designed uh the the project, there was always a design in place for an addition to the existing commercial building. This is an orthopedic uh clinic. It's the center for orthopedic surgery. U they currently uh serve their patients. They see patients. They uh uh it's all outpatient to where they're not doing any surgery there. They currently have X-ray there. The intent of this particular addition is to add some additional MRI capacity and some physical therapy area as well. Um Jamie is correct. Originally, whenever we uh constructed the building, the building uh and property were zoned AM apartment medical. And just to kind of give you a little bit of a timeline, um in 2023, the city adopted the new UDC. The notices did go out um I think a couple of different ways, either legal notices in the paper or on the city website. Um, and quite frankly, the owners and I dismissed the notices. As a result, by default, um, this property was then zoned, uh, as HDR. What we're doing here tonight is to just to try to clean up some of the zoning to still allow us to make the addition to the property as it was originally intended to do when it was uh uh zoned am allowed that at the time. So hopefully that gives you u some clarity as to what we're doing. Um Dr. Hman is here as well. He's he's part of the ownership group. He's glad to answer any questions that y'all might have as well. Uh I did, for what it's worth, reach out to both uh uh letters of opposition. Uh and I was able to speak to one of those folks. Uh gave that u that person clarity on what we are doing. She understands what we are doing. She actually asked if there was a way to uh resend her opposition letter. And uh at the time I didn't know that there was uh but I think there was I don't know that that ever happened and I was unsuccessful in in reaching the other opposition. But that I'll be glad to answer any questions. >> Thank you for speaking and thank you for trying to reach out to your opposition too with it. Any questions for the applicant? Okay. We'll now ask if there's anyone here wishing to speak in opposition to this request to please come forward. Okay, seeing none, we'll go to see if there's anyone else wishing to speak in favor. Seeing none, we'll close the public hearing for matter of discussion. Do we have a motion? >> So moved. >> Second. >> Second. >> Okay, we have a motion and a second. To me, it's pretty clearcut. I know they went in and I understand going on that part, but it's still the same intent of what they were doing, same you seen and I think it's would be acceptable. >> Yeah, it goes back and allows them to what the AM would have allowed before. So, >> right. >> Any other comments? Okay, we'll go ahead and vote. All in favor of zone case 235 2305 I say I. >> I. All oppose? Nay. Motion carries 7 to zero. Again, this will go to city council February 24th at 2 p.m. The last item on the agenda is item 3.5, zone case 3541. >> Good evening, Mr. Chairman and members of the commission. As you'll remember, last month we kicked off a series of six zone cases going districts one through six, bringing recommendations to you for zone changes as a result of the zoning map analysis which we completed last year. This month is district 2. We are requesting zone changes from SF2, MDR, HDR, NCHI and GI to SF2 office, neighborhood commercial, auto urban commercial and light industrial. We sent out 959 notifications receiving six in favor and four in opposition. Again, this graphic is just to show you the boundaries of district 2. Goes all the way up to Northeast Loop 289, all the way east to Wood Avenue, west to Elgen Avenue, and south to 114th Street. This is just a reminder that this is a result of the comprehensive plan which we completed in 2018, completed the unified development code in 2023, completed the zoning map analysis 2025, and now this is the last piece. Our timeline for these changes, this case will go to council as you stated, February 24th. If approved at that meeting, it will go for second read March 10th. This is an aerial view of the properties we are requesting to reszone in district 2 tonight. Um you can see there's five different areas, but we'll go one by one. So the first is this area at the intersection of Idaly Road and East Loop 289 just located north of East 4th Street. It is currently zoned light industrial. Staff is recommending it be downzone to auto urban commercial. It is currently vacant. It has been zoned industrial since 1977, almost 50 years. There is a partially developed neighborhood immediately south of this property and the other properties adjacent to Idy Road are zoned heavy commercial, not industrial. The future land use map also designates this property for commercial land uses. Next is this area just west of East Loop 289, north of East 50th Street. The majority of these parcels are zoned light industrial or general industrial. This one is a little different. The majority of these properties we are requesting be downzone to lowdensity single family SF2. The original recommendation from our consultant Safeuilt was to include the properties outlined in red to also be downzone to SF2. However, those properties contain our southwest water reclamation plant as well as two electric substations. So given that information, the city felt it was best to keep those properties zoned for industrial given their current use. So we are withdrawing those properties from consideration tonight. The remainder of the properties we are asking to be downzone to SF2. You can see there are several residential lots immediately south of the city of Levik Cemetery um already platted for residential use. Platted in 1946. They've been zoned industrial since 2006, about 20 years. Um, so we want to take those back to residential. Future land use plan designates this area for mixed use. Those properties platted for residential and then public semi-public uses where we have our wastewater treatment facility. This area is at East 50th and Martin Luther King Jr. Boulevard. You have a mix of residential and industrial zoning with one highdensity residential property. This is a unique area. It's James subdivision and you have a residential subdivision in the middle of this area and industrial around the outskirts of it. Since we are not asking to reszone every parcel that was studied, I thought it would be easier to to show you specifically what is being requested. Starting on the west side, the northwest corner of this map, there is a piece of property that is industri is part of the industrial property to the north, currently zoned SF2 that we are asking to be reszoned to LI. This is the recommended zoning on this map. Next to it, you have a property that is part of the industrial property north of it currently zoned SF2. We are asking for LI property next to that has a telecommunications tower. There is a residence that we are asking to be downzoned to SF2 along with other residences and vacant land. And then one property of vacant land that we are asking to go to light industrial future lane use plan kind of shows what has already developed in this area. You have the residential in the center and the industrial on the edges. We have two more areas. The Brieroft office park on Avenue Q and then areas at east uh 50th and university. They have highdensity residential, neighborhood commercial and lowdensity SF2 zoning. The we are recommending the office park be reszoned from HDR and NC to office. And then at the intersection of 50th and university, you have a mix of offices, personal service businesses, a parking lot, a rehab center, and a bank that all need commercial zoning. They are currently zoned residential. Future land use plan designates property at the intersection of 50th and university for commercial or public semi-public land uses and for Briercraft for office land uses. 82nd in university. This is really a cleanup. you. The property that is shown here as heavy commercial is part of that large triangle property immediately north of it that is currently zoned auto urban commercial. So it needs to be reszoned to auto urban commercial to match the properties property shown here as auto urban commercial is part of the property west of it Alliance Credit Union that is currently zoned neighborhood commercial. So reszone that to match the rest of the property as well. Future land use plan designates with those properties for commercial land uses. This property here we are not asking to reszone, but it was part of the study, so for transparency sake, we included it. This is a very small piece of city-owned property on East Sllayton Road just east of a Ash Avenue. Is currently zoned industrial. It is vacant, but it is surrounded completely by industrial zoning. So, it does not make sense to reszone it. So we are not asking for a change in zoning on that property. Future land use plan designates that area for commercial. It does have industrial north of it but it is all currently zoned industrial. We did receive one response in favor from 14 Brieroft Office Parkly zoned HDR. We are recommending office zoning. Other properties in favor 1303 East 52nd, 1310, 12, and 14 East 50th. They are not part of the zone change request, but they were within the notification boundary. 5401 Avenue Q South Drive. Again, not part of the zone change, but they are in favor of the property adjacent to them, which would be the Briercraft Office Park. We received one letter in opposition from the property owner at number 10 Briercraft Office Park. currently zoned neighborhood commercial. We are recommending office zoning. Because that opposition is from the property owner, it will require a super majority vote from city council in order to be reszoned. 5015 University Avenue. We received a response in opposition. They are not part of the zone change request. We are requesting to reszone the HDR property east of them and the SF2 parking lot south of them. 5213 Magnolia Avenue was also in opposition. They are not part of the zone change request, but they are within the notification boundary. And then the these are the city- owned properties. You can see the wastewater treatment facility pretty well in this area actually as well as the two utility electric substations. One is Encore, one is LPNL just outside the east loop. These are properties we did receive citizen opposition. They are city-owned but again these are properties we have withdrawn from this request. So just to show you all the properties that have been withdrawn it is the the lots here that are platted as residential but developed as part of the wastewater treatment facility and then the two larger parcels. So with that, staff recommends approval of the remainder of the request removing these properties and I'd be pleased to answer any questions. Any questions for staff at this time? >> Nope. Okay. I'm assuming we do this just like open a public hearing. Okay. We'll now open the public hearing. Anyone wishing to speak in favor of this, please come forward. Okay, seeing none, we'll go ahead and ask for anyone wishing to speak in opposition, please come forward and state your name and address and your concerns. My name is Ken Calling and I own the uh property at number 25 Briercraft Office Park and I'm not quite sure I understood exactly what the purpose of changing the zoning was for that uh right now that if I understand correctly they want to take away the commercial zoning aspect of it. Am I correct in that? >> I'm sorry sir. You said number 25. I think y'all showing is 5302 Avenue Q. >> It's number 25 Briercraft Office Park also. >> So number number 25 Briercraft Office Park is currently zoned highdensity residential. >> You tell them what? I'm sorry. >> Residential. >> High density >> currently. >> Yes. And we are asking to reszone it to office. >> Oh, I see. to >> because that's what it's being used for, I guess. So, >> correct. Yes. >> I thought there I thought I thought it was also zone light commercial. Am I wrong about that? >> Yeah. Number number 25 is high density residential. >> Okay. So, basically, we're zoning for more use as an office. We're bringing it up to an office park designation. Is that it? >> Yes, that's correct. >> Why would it why was it not done that way previously? >> I don't know. So, I guess I should be in favor of this then, right? >> What's that old that old saying? Sorry. >> God bless you. Thank you. >> Thank you. Is there anyone else wishing to speak in opposition? >> Mr. McClendon. >> My name is Malt McClendon. I work at 1500 Broadway and live at 16th in Salem. I um I turned in an opposition letter. I think probably it's more appropriate for me to stand here and say I appreciate staff's responsiveness to the comments that I made. We have number 10 Briercraft. How it ended up as um NC. I don't know. I think it was NC when we got it. And I could make the argument that NC makes a lot of sense for all of it just because the the allowable uses relative to retail. Um but the response that I got back in response to that was was very much appreciated. uh saw the appreciate uh the presentation and just wanted to set stand up and say thank you. And when you reach out and they respond to you, I think that deserves a a call out. So, um that's all I have. Thank you, M. Is there anyone else wishing to speak in opposition at this time? >> Okay. If not, >> I did mine a lot. You want to speak in opposition? >> I did mine a lot. So, that's all I'm waiting on as a response. >> Oh, okay. The next the next part I was going to say is anybody that was wishing to speak in favor, I guess. Is it come I don't know how to do it since the staff did it first. >> Well, you you already did the in favor. >> Yeah. >> And so, this is just the opposition part of it. But >> so, is there anyone else wishing to speak in opposition? >> Okay. Seeing none. Oh, >> again. Please be sure and state your name. >> Uh, I am the owner of 5017 Magnolia Avenue and I have some tenants there and I would like Well, it's more questions. I what what is going to happen with them? Uh can I what have what happened with with their release and also if this happen this is accepted what can what can I use it can I do to my house I mean I can I do an office there rented as an office or I am I am a scientist um I would like to know if I can use it at a research office or uh to install a greenhouse for research purposes I was I I have more like information. >> What is the address? >> 5017 Magnolia Avenue. >> Magnolia Avenue. Okay. Um that one I believe you sent a response. No, but you would be near here. It It's currently your residence. >> Yes. >> Okay. So, we are we are not going to reszone your residence. It is going to remain um residential zoning. Okay. You probably received a letter because we had to send letters to everyone within 400 ft of the properties we are asking to reszone. >> Okay. >> Y >> excuse me, ma'am. Can you state your name, please? >> Maria. Maria. >> Thank you. >> Thank you. Is there anyone else wishing to speak in opposition at this time? Okay, we will close the public hearing for a matter of discussion. Do we have a motion? I'll move >> second. >> Have a motion and a second. >> And is there any way we need to do this since we had the one letter opposed? Do we or we still just take it all in one and that will be pulled out for city council for a super majority? >> It it's up to you. If you want to vote on everything as recommended by staff, you're welcome to do that. If you want to vote on any of the properties separately, you can do that as well. >> Okay. What y'all's thoughts? >> I think we do them all together unless you have specific ones. >> Okay. You want to >> That's kind of the way I do. >> Okay. Anybody have thoughts? I will say one thing is I appreciate the staff and hiring the people to come in. I've been on this commission for six years. So I started in when we came out going through the UDC and we knew that there were going to be properties that were going to be miszoned with it was and that was always one of our desires is to have something like this to come through and to look at and it's taken a little bit of time but we're getting there and hopefully it will help and work to go forward. So any other comments? I'll echo that comment and the comment that was echoed earlier mentioning you guys were being responsive to requests and and questions and comments and so appreciate that. That goes a long ways. Anything else? Okay, let's go ahead and call the vote. All in favor, please say I. >> I. >> All oppose? Nay. >> Motion carries seven to zero. And that will adjourn our meeting tonight. at 7:17. >> It's my age.