[Music] Good evening. I'm James Bell. Tonight I'll be serving as chair. This is the planning and zoning commission for meeting for September 4th, 2025. The first matter of business is the citizens comment. Any citizen wishing to appear before a regular meeting of the planning and zoning commission regarding any matter posted on the agenda was to sign up no later than 6 pm 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. staff. Is there anyone signed up to speak? Okay, thank you. The next matter business is the approval of the minutes for the following meeting, the August 7th, 2025 regular planning and zoning commission meeting. Is there a motion to approve? >> I'll second. >> Okay, we have a motion, a second. All in favor, please say I. I. All oppose. Same size. Motion carries seven to zero. Next up are the zone cases. as a note on the your agenda that you got out item 3.1 zone case number 3527 has been withdrawn. Okay. So when we call up your zone case these steps will be followed. We'll call up the first case and we'll invite city staff to make the presentations on the case. The board may ask any staff questions but board comments and debate should not occur. The chair will open the public hearing on the case. will then call the applicant and representative to provide any additional comment. The applicant will still need to clearly state their name and address for the record and briefly explain their case. After the applicant has spoken, the chair asked for anyone in opposition of the item to speak. Those speaking in opposition should give their name and address and then speak to the board. The chair will then ask for anyone in favor of the item to speak. Those speaking in favor should also give their name and address then speak to the board. After all the public comments, I will close the public hearing. Once the public hearing is closed, we will not hear any further comments from the public. The first case that we will be hearing is item 3.2, which is zone case 0774 C. Staff. Good evening, distinguished members of the board. I am Jamie McGar with the planning department and this is zone case 0744C, excuse me, 0774C. The applicant is Jesus Tahada Forlesi Delios Vivo. This is a request for a zone change from light industrial district to neighborhood commercial district. 30 notification letters were sent out and we have received no responses. The property is located west of Martin Luther King Jr. Boulevard and south of 50th Street. Here's an aerial view showing light industrial properties to the east with vacant land to the north and south and an unimproved lot with a recreational vehicle on it to the west. The current land use map shows light industrial zoning surrounding the property on all sides. The future land use map designates this property for light industrial use. Here's a picture of the subject property facing west as well as views to the east, north, and south. Here are exhibits provided by the applicant showing the proposed building and building location. While the proposed change to commercial district is not consistent with the current industrial land use designation, the proposed zone change is compatible with the zoning ordinance and will be appropriate at the proposed location. The property is located along an arterial street and the requested zoning district is appropriate adjacent to nearby residential land uses. The property is suitable for the proposed zone change and the uses allowed in the NC district. The proposed zone change is along 50th Street which is designated as a principal arterial and west of Pontiac Avenue which is designated as a local street by the master thorough plan 2018. Staff has no objection to the request. I can take questions at this time. >> Anyone have questions for staff at this time? Okay. Thank you. Is the applicant or his or her representative here and wish to speak? If you could come up and please state your name and address for the record. >> Hello, my name is Jesus Dea and my address is 9803 Waco Avenue here in Levik. Um I'm here to represent Mr. Rico. um he doesn't speak too good English but uh we're trying to uh get this approval with this change because we don't have the setbacks from uh Martin Luther which is required of 40 ft and the same on 52nd which is 40T from it in the industrial part if we make this change we can only go 10 feet instead we have 40 feet from Martin Luther but not from 52nd we have 23 feet available so so we can make this uh work this uh proposed uh building. >> Yes, sir. We've been it's been a church for 30 years. So, uh we're ex expanding. I mean, we're growing, you know, kids are coming up. So, we need to build more building to to add rooms for kids, teenagers, and and whatnot. >> Thank you. Does anybody else have any other questions for the applicant? >> Okay. Thank you very much. >> Thank you, sir. Is there anyone here to speak in opposition to this request? Seeing none, I'll ask is there anyone else to speak in favor? >> Again, if you can state your name and address for the record, please. >> Um, Randy Tinard. Uh, I own the property to the east. Uh, I represent, uh, RBK. Also own Tiner Metals to the east. Uh, I think you voted in for the property and there changes and everything. Uh, they're good people. Uh, don't hear a lot out of them. Uh, only thing I am I'm kind of disappointed that they even come to this cuz the city don't care about us on the east side. I'll tell you that for a fact. I'm not trying to bash the city for that, but the corner stinks. We have no lights on and the roads are terrible and I would have just done what they want to and the city would have never known it. So, I'm voting for it. >> Well, I will just say we're we're not all like everybody at the city here. >> I'm just telling you I just telling them not, you know, I wouldn't have come to the board to just do it and be done. >> Well, I think that's good that you speak up for your neighbors. >> Yep. They're good people. >> Thank you very much. >> Is there anyone else to speak in favor? If not, we'll go ahead and call the public hearing for matter of discussion. Do we have a motion? >> Move to approve. >> Second. >> We have a motion and a second. Is there any discussion? >> Did did this go before ZBA at all? Did they request a setback change? >> No. Um because if you were requesting to vary a setback through the zoning board of adjustment, you would have to prove a hardship related to the property, which there would not be one in this case. And so a zone change is the appropriate route. >> Very good. Thank you. >> Any other discussion? >> Okay. If not, we >> Yeah. Go ahead. You got >> Oh, no. >> I was gonna say let's vote. >> I care about this. >> No, I do, too. >> Let's vote. >> I do. Okay, we have a motion and a second. All in favor, please say I. I. >> All oppose, say nay. >> Motion carries seven to zero. To let you know, this will be going to the city council. The first reading will take place here in council chambers on September 23rd at 2 p.m. Next case is item 3.3 zone case number 3116-m. Good evening chairman and members of the commission. My name is Shane Spencer and this is zone case 3116-m. The applicant is SK Architecture Group LLC for JSJW Holdings LLC and they're requesting a zone change today from Heavy Commercial District HC to Neighborhood Commercial District NC. The subject property is located south of 130th Street and west of Knoxville Avenue. We've sent 15 notifications with no responses. Here's the aerial map. The property is surrounded by vacant property on all sides with future loop 88 to the north. Here's the zoning map. There is neighborhood commercial NC to the south, highdensity residential HDR to the west and auto urban commercial AC to the east and to the north across from 130th. Here's a future land use map and it designates this property for commercial land uses. Here are photos of the subject and surrounding properties. Here are exhibits provided by the applicant. And another one, the future land use map designates this area for commercial land uses. And this request conforms to this designation and would be appropriate considering the existing adjacent land uses and zoning districts as well as the proximity to future loop 88. Therefore, this request is in complete conformance with the comprehensive plan principles. The proposed zone change is comp compatible with the surrounding area would not change the character of the existing development and is compatible with the surrounding area would not change the character uh would not change character of the existing development. The location is along Knoxville Avenue and 130th Street uh which is designated as a local street and freeway respectively by the master thoroughfare plan 2018. Staff has no objection to the request and I can take any questions at this time. >> Any staff questions for staff at this time? Okay. Thank you. Is the applicant and his or her representative here and wish to speak? Again, if you please state your name and address for the record. >> Good evening. Uh, Gabriel Sanchez, Escortexture Group, 8355 Upland Avenue. Um, here to request a down zone on my client's lot from heavy commercial to neighbor commercial. The property uh borders residential zoning and is currently heavy commercial designation allows for highdensity uses such as auto sales, repair yards, warehouses, and light manufacturing. Um, that would not be compatible with the character of nearby homes. This kind of activities bring heavy traffic, noise, lighting impacts and simply do not belong immediately next to a neighborhood. Uh neighborhood commercial is a better fit. It supports small business like re uh like office, retail shops, restaurants, and clinics that would serve the community while operating at a scale compatible residential living. Um this change would help protect the quality of life and property values for the families who live next door while still uh allowing productive and uh attractive commercial uses. uh for this reason I ask for your support and help on down zoning this property. >> Anyone have questions? >> Yeah. So I mean just despite what you said like I mean this is going on the loop so HC would be okay but this is less intense. So what is the reason for wanting a less intense use? >> So um there is going to be a strip center is what the plan is. Um and so the setbacks are pretty intensive for uh HC. So as a retail center it wouldn't work or sorry as a strip center it wouldn't work. So the down zone helps us with buffers but also um like I said it helps reduce um because right now zoned all around it's uh residential zone I believe it's uh high density high density residential which would prove be like for apartments or rental garden offices. Um so this is like one little segment of heavy commercial along that frontage. >> Cool. Thank you. >> Thank you. Any other questions for the applicant? Okay. Thank you very much. Is there anyone here to speak in opposition to this request? Okay, seeing none, we'll ask is there anyone else to speak in favor of the request? Okay, seeing none, we'll close the public hearing for matter of discussion. Do we have a motion? >> Motion to approve. >> We have a motion and a second. >> Discussion. I think you brought up some good good questions there. Down some was never a bad thing in my mind, but very valid questions that you had. >> We'll see heavy commercial and neighborhood commercial along the new loop from now on quite a bit. So >> yeah, that'll be okay. Let's go ahead and call the vote. All in favor, please say I. I. All oppose say nay. >> Motion carry seven to zero. Again, this will be going to the city council for their first reading on September 23rd at 2 p.m. Next item is zone case number 3.4 or item 3.4 is zone case number 3533. Good afternoon. I'm Jose with the planning department and this is zone case 3533. The applicant is Mountaintop Engineering LLC for Patel Nim Nimishaba B and Babish G requesting to reszone from lowdensity single family district SF2 to neighborhood commercial district NC. The property is located west of Milwaukee Avenue and north of 104th Street on 1.55 acres of unplatted land. Nine letters were sent out and we received one back in favor and zero in opposition. Here is a map of the properties in favor highlighted in green. Here is an aerial view of the property. To the north, west, and east, you'll see undeveloped land directly. To the south is a city of love water tower. To the southwest is the Leaden, an apartment complex. Farther to the southeast and northeast are single family residences. The current land use map shows the property. To the west is zone neighborhood commercial, which was recently reszoned. directly to the north, south, and east. The surrounding properties are zoned low density single family SF2 to the southwest. The zoning is medium density residential. Additionally, there is more NC zoning farther to the south and souththeast along Milwaukee Avenue. The future land use map designates this area as residential low density. Here's a picture of the subject property as well as views to the south, west, and east. The future land use plan designates this area for lowdensity residential use. While the proposed zone change to NC is non-conformance with this designation, it is consistent with the principles of the comprehensive plan given its location along a principal arterial and collector street and its close proximity to other commercial commercial zoning districts. The proposed NC zoning district is in conformance with the zoning ordinance and will be appropriate at the proposed location. The property is located along Milwaukee Avenue and is adjacent to nearby commercial zoning districts as well. The proposed NC zoning district is compatible with the surrounding area and will not change the character of the existing development. The property's proximity to Milwaukee Avenue contributes to the proposed zone change being compatible with the character of the other commercial properties in the area with similar access to Milwaukee Avenue. The proposed resoning location will be along Milwaukee Avenue and 104th Street. The master thoroughfare plan 2018 designates Milwaukee Avenue as a principal arterial and 104th Street as a collector. Staff has no objection to the request and I could take any questions at this time. No questions but welcome to the staff. Thank you. Anybody else have any questions? Nope. Is the applicant or his or her representative here? Again, when you come forward, please state your name and address for the record. name is Adam Nixon with Mountaintop Engineering 604 County Road 7200 Lock. Um, this is proposed to be a strip center. We feel like it's a good fit being along the Milwaukee Fairfare and I can take any questions you have. >> Questions for the applicant? >> Looks like you're off there. Thank you. Is there anyone here to speak in opposition to this request? Seeing none, is there anyone else wishing to speak in favor? Seeing none, we'll close the public hearing for matter discussion. Do we have a motion in a second? >> Motion to approve is presented. >> Second. >> We have a motion and second. Is there any discussion? I think it fits on Milwaukee going right there. That stuff. >> Y. >> Okay. Let's go ahead and take the vote. All in favor, please say I. I. >> All oppose? Nay. Motion carries seven to zero. Again, this will go to the city council on September 23rd for its first reading. Next up is item 3.5, zone case number 3534. Good evening once again, board. I am Jamie McGar with the planning department and this is zone case 3534. The applicant is AMD Engineering LLC for Oakidge Development LLC. This is a request for zone change from low density single family district to Heavy Commercial District. The property is located west of Oakidge Avenue and south of 76th Street. 30 notification letters were sent out and we received three responses in favor and four in opposition. Here's the response map showing just one in opposition. Three letters of support were received this morning and three letters of opposition were received this afternoon and are not shown on the response map. Here's an aerial view showing a mix of single family and light industrial properties to the north, single family, multifamily, and light industrial properties to the west with single family properties to the east and to the south. The current land use map shows lowdensity single family zoning surrounding the property on all sides. The future land use map designates this property for lowdensity single family use. Here's a picture of the subject property facing west as well as views to the east, north, and south. Here's an exhibit showing a mix of residential and light industrial uses surrounding the subject property. Not shown on the map are commercial properties running 82nd Street to the south. Here is an exhibit provided by the applicant showing the proposed zoning district. The future land use map designates this area for residential land uses. Although the subject properties are bounded by a light industrial use property to the west as well as across 76th Street to the north, the area density is dominated by residential use properties. The proposed zone change to heavy commercial district is not compatible with the predominant residential land uses. The property is not suitable for the proposed zone change in the uses allowed in the heavy commercial district. Staff recommends denial of the request. I can take questions at this time. >> Questions for the staff at this time. >> Okay. Thank you. Is the applicant or his or her representative here and wish to speak? >> Good evening. and Cory Doul on ATMD Engineering 651568 Street. Um I got a call from uh the owner of this property. Can I toggle back on this? >> Yeah. >> Okay. So they they bought this property and would like to do something similar to what is uh to the north and the line industrial to the north. They'd like to do some form of storage warehouse, something to that effect. Um, this is a a property that was um annexed as is. There's some there's obviously some non-conforming uses on here. Um, we did not get the opposition letters that were sent today or um I did get lots of phone calls from from neighbors asking about this property. Um, most of the phone calls that I had were positive. Uh some were asking what we were zoning it to and why because they'd like to do something similar. They asked if they should try and piggy back onto this case. And so there's other interest in in doing something similar to this in this area. If you if you've had a chance to drive through here, this is not a a typical residential development. Um a lot of these uses I mean the the current property is got a hodgepodge of trailer houses. One burned down. I believe they've been scraping it, trying to clean it up to to do something um better for this property. This is this was I'm not going to say an illplanned property, but it's c certainly something that's older and uh now there's somebody that wants to make something nice out of it. Um the rudders did something kind of similar to the northn northeast built a nice house but also have some um industrial not I wouldn't say industrial but some storage type uses as well uh on the northeast corner. I visited with uh Mr. Ruer the other day and it's my understanding he may have been one of those that was in support of this as well as the lot industrial next to them. I'm hoping that they were in support as well. This is something that I anticipate others uh following suit on uh to maybe clean up this area and and provide something that has a better impact on it than than what is there today. Um that's really all that I know about the the property. I feel like this will be a good case for uh some kind of a warehouse uh storage facility and I think that others could could follow suit with that. I'd be happy to answer any questions. >> Any questions for Mr. Dulan at this time. Okay. Thank you, Corey. Is there anyone here to speak in opposition to this request? If so, please come forward. State your name and address for the record. My name is Belinda Jackson at 7613r. Oakidge. I've lived on the property since the ninth grade. What was across the street was supposed to be a single home. It was8 acres and right across the street from me was an anchor that was only supposed to have one. They had trailer houses unapproved. My parents and some of the parents of the people in here went up against to not have those trailers. And across that where there's already storage, there's people living in those storage units. There's a lot of traffic all the time, especially from Tesla or people that have their businesses in that um storage unit right now where they're testing their cars that they're working on. There's kids down our streets. There's mamas walking their babies in their strollers. There's a school bus that comes down there. It's not a through road. It's a deadend road. And the other part I would say there's plenty of undeveloped land in that area for somebody to build a storage unit someplace else. I'm asking for your mercy not to turn our neighborhood into a commercial area because once one goes then it'll be the next and many of us have lived out there for years. We are second generations. Our parents are the ones that bought that property and it was deeded that it would be a one or two only place for lot and we've dealt with that. Um he was talking about he didn't know much about the trailer houses. Well the trailer houses were dilapidated and torn down and there was one that did catch on fire because they didn't shut the gas off but it was very low. There was a lot of drugs going on over there as well. And I'm not so sure there's not drugs going on back there because there are people living in that. And I think that's not zoned for people living in storage units. >> Can Can you say where do you live in relation to this or can you >> I'm right directly across from it. >> Across the street from it. >> Yeah, it's it's right there. >> Thank you. >> Thank you very much. Again, please state your name and address for the record, please. >> Yes, sir. >> Good evening, council. Um, Mary Mitchell, 7803 Oakidge. I live diagonal to the southeast of this property. Excuse me. Uh, to continue what Belinda was saying, this area is part of the one of the last forced annex areas. Uh we battled for over a year to not be annexed by the city. Uh we lost. We it was determined when they wanted to put the trailer park uh on the north end of this property. Uh we all had filed a court case or not me, my parents did because we moved out there in 1968. uh and and the homeowners for that 80 acres understood that this was a residential neighborhood, no commercial at all. And we found out during uh the the u deposition and every the research for the trial that the developer took the money, but he never filed the plat. So, we were all kind of stuck like Chuck. And we also learned that in there was no consistency with the deeds. Uh for instance, the property that I live on said no more than one structure of any kind on the front half of the property and it was two acres at that time, but we could have 14 on the back, which makes no sense to anyone. Um the neighbor next door, Belinda, there said one residential uh unit per property. Uh on Pontiac, the next street over some of theirs said you could have commercial, but it couldn't exceed so many square feet. So there was a lot of discrepancy and because of that, the city went ahead and allowed uh the trailer park to go in. We also tried to fight the trailer park uh that is south of what was my two acres. It's the six houses um about halfway down Oakidge on the east side and we were not uh able to win that either. Uh all because of the uh deed restrictions not being consistent. The problem that we that I have with heavy commercial going in this area, as I understand heavy commercial, this is more than just storage. It requires outside storage, too. Um things that could potentially be brought in by semis. We have enough traffic with the the storage buildings that are down at the end. There have been numerous drug busts. We have traffic speeding up and down the street until 11:30, midnight at night. Um, there's probably drugs being dealt there again. Uh, there was some folks busted for having a chop shop and they probably have another chop shop down there. Uh, I've seen vehicles go down there to it never to be seen again. Um, as Blinda told you, there are people living in some of those storage buildings and I know that that's not zoned for habitation. So, and uh as you were previously told, we have young families living in this 80 acres. And prior to what the gentleman said about cleaning up the neighborhood, these lots have been in families for 50 years or more. A lot of them have. Um I was raised out there. Uh there's another gentleman in the audience that was raised out there from a small child. Uh like Belinda said, she's been there since the ninth grade. I remember when they moved in. And there are still young families that are in their 20s with babies and they're pushing strollers down the street. And we don't need heavy trucks driving up and down those roads. We get enough traffic from Tesla as it is. uh their car haulers. If they're not blocking 82nd Street, blocking the lanes on 82nd Street, they're blocking Oakidge to load and unload vehicles. Um it's not fair to those young families to put them at risk. We have elderly people that walk the street. Uh it's not fair to them. It's not fair to any of the homeowners to make it heavy commercial or to even make it commercial. And as far as the street goes, if there's going to be heavy equipment, like I know he said that uh what they're planning would be something similar to storage facility, but there are some things with heavy commercial like heavy equipment repair. Those roads were paved by seal coat. They weren't paved with an asphalt mill. They are for light duty. It's not curbed. It's not guttered. There are no sidewalks out there. So, the only place people have is to walk the street or ride bicycles. There was a a young lady and her young son the other day riding bicycle and he had training wheels on his bike. So, he was a little guy. So, I'm sure that you can understand uh our opposition to all of this and I thank you for your time. >> I I got a question for you. >> Yes, sir. >> Sir, what city services do you guys have out there? You have water and sewer? >> No. >> No. Okay. >> Uh they ran fire mains. >> No. Yeah, >> that's it. >> Okay. >> We have dumpster. >> Gotcha. All right. Thank you. We've we have also asked the police department to address the speeding issues. There's nowhere out there for them to park other than pull over on the side of the street. Um, and as I'm sure you all know, soon as you see a police car, you slow down. Well, as soon as they leave, traffic speeds right back up. We had problems with when they first opened the the when Breaker Dikes opened their business there. Uh they were test driving the cars and I assure you they were doing 60 70 miles an hour from the dealership to my house just as fast as those little cars would go. And even now we have people drive 4550 loud mufflers 11:30 at night. So, any other questions? >> Thank you for coming and speaking. >> Thank you, sir. >> Anyone else wishing to speak in opposition? >> Hello. Um, my name is Brad Jackson. I live at um 7613 Oakidge Avenue. Um, I am the um third generation living at this address. I uh sorry if I uh speak a little slow. I'm trying to remain calm. Um a lot has been said by my mother and my neighbor um just now. If I could have you take the perspective of your own city street, could you imagine being a third generation, second generation, and seeing what your family has built become devalued because of something unsightly across the side of the street. It's not something that fits in our neighborhood. I um also definitely agree with um all the traffic that comes from the storage facility uh to the north. Um they we get a lot of traffic, but we also get a lot of mess. Um, a lot of the trash that comes from that, um, actually here, you know, in West Texas, definitely the wind blows and blows that trash up against our fence and, um, down down that street and any more of that, man. But, um, other than that, most things have already been said. So, I, uh, I thank you for your time. I thank you for your time and coming and speaking about it. Is there anyone else wishing to speak in opposition? Again, state your name and address for the record, please. >> Hello, everyone. Uh, my name is Tasha Jackson. I live at 7613 Oak. Uh, I'm right across the street from where AMD is wanting to zone this to be commercial. So, I'm speaking for my mother-in-law, too. So, she her parents have built their lives on this property there. Like there's so much history to this property she has and this neighborhood is just so peaceful and when you do like a commercial zoning that creates such like it creates more people just more issues like people are just going to be in and out. And even in the picture, it shows like all like just the residential homes that would be destroyed by more businesses coming into the area. And as people have talked on it too, that we have, you know, kids on bikes, we have people walking down the street like it it is a very peaceful neighborhood and we enjoy our little piece of property. it's our little reprieve and you know putting like the zoning on there is just I think would just destroy a lot of lives. Um and that's just something that big businesses just don't see. Um but I wanted to kind of share my opinion on it. So I'm hoping that it will stay the same or just keep residential because I think it would just cause issues by making it commercial. So thank you. >> Thank you. Is there anyone else wishing to speak in opposition at this time? Okay, seeing none, is there anyone else wishing to speak in favor of this request? >> Again, as before, please state your name and address for the record. >> Hi, good evening. My name is Presley Robertson. Uh, I live at 7601 Oakidge Avenue, directly across the street from the property. Um, I'm third generation. Also, I've My grandparents have lived in that property for 50 years. My dad grew up at that property. Um, and I currently live on the property. Um, I am the mom who is walking her baby down the street. Um, I've seen the city grow around our home. Our neighborhood is a strange area. If you look at the where it is, there's a Tesla dealership at the end of it. There's a couple of houses in the middle. And then there is commercial storage units in the back. Um I live right there at the storage units. I can see them from my bedroom window. Um I don't believe that there's drug activity going on over there. Maybe you know 10 10 years ago. It has been cleaned up since then. Um but I will say that my neighbors and I um we've all grown up out there and it is it is a it's a strange area. So, it's difficult to say heavy commercial would ruin that, and it might for some, but I also walk those streets every single night with my baby. Um, and I can tell you that there's about four people that currently live on that block. The rest of those homes are either um abandoned or not not necessarily abandoned, but people don't live there. There's that they've realized that this is not a typical residential area. Um, and where our properties the way our properties are set up out there. I live on 1.75 acres for a single family home. So, um, it it's it's built strange. So, heavy commercial would help all of us. I think that, you know, um, for me, my grandparents have since passed. Um, and there's there's not a lot left for us there. So, in order for us to to to sell our properties and to be able to do that, nobody's looking at, you know, that area is just a strange area. So, I am in favor of this and I believe that it will help the community. I think that it will help that neighborhood um because it is a very very strange area and I I'm in all favor for it. So, >> thank you. >> Thank you so much. >> Thank you. >> Is there anyone else wishing to speak in favor? Again, I'm going to say it again. Please state your name and address for the record. >> My name is Khloe Shay Stanley and I live at 7804 Oakidge Avenue and I am next door neighbors to the lot in question. I'd like to start this by saying what Presley, the lady that spoke right before me, said um a lot of our prior neighbors concerns that they've brought forth are things that have happened quite a bit of time ago. When you look at the picture that is taken there, a lot of the mobile homes have already been moved out because they have been burned or they were in bad condition. And at one point in time, they were really cheap rent opportunities that had really bad things taking place out of them. They have been moved out. They have been totally just gone. They're not there anymore. The storage units behind that at one point were a really rough neighborhood and people were living out of them. The owners of that have since changed hands. They have repaved it. They have taken and put money into those buildings and totally reformed them and there was different regulations. I have lived there my entire life and I have not in recent years seen drug activity coming out of there or the traffic that we had at one point. I'm also going to disagree with the traffic that Tesla gives us. At one point when Rager Dykes was here, it was really, really bad. Ragger Dikes was horrible to our neighborhood. But with Tesla, we haven't seen that as much. Are there car haulers? Yes, there are. But like people have spoken in the past um previously before me. This area is like Presley said strange. Um we have been enveloped with Southwest Levik. It has grown around us and we have not got to participate. A lot of these areas like they said are third generation. I am a third generation owner. I own the land right next. It's my my name. It was my grandparents originally and my grandparents were the ones who established the nursery that is at the end of this block. I have a lot of memories on this block as well. Every single neighbor behind me I grew up with and I know very personally just to sit here and have to have the favor and the opposition is very difficult for us as a community. I want to take this moment just to thank all my neighbors behind me for giving me the childhood that I had. But we are in a place of time where we are transitioning from the older into the new and the city has grown around us. If we were able to be able to change this to a commercial setting, it would allow a lot of us third generation owners that are trying to clean up our parents' land, that are dealing with situations where these were mobile homes. Parents had plumbing services, landscaping services. There was a lot of reason to use that land, but now it's not there. And now our kids are cleaning it up and we have homes of our own. And to be able to redistrict it, reszone it, however you want to phrase it, also allows me to be able to potentially do something with my parents' land. Right now, my parents land is only valued at $30,000. My parents have lived on that land their entire life. They have struggled. I'd like to see them get more than $30,000 out of it. If we do this, if we are able to have it open up to where some of us that want to sell because I want to sell, I want to change and so does my family. It allows us an opportunity that we don't have otherwise. There are not many families left on this block. In fact, the two biggest households are the ones that spoke in opposition or in favor, sorry. Opposition, yeah. Before us. Um, they have family compounds. They are well established. They have their lives put together. And I understand why they don't want it to happen. But most of us are dealing with land and houses that are starting to fall apart. They've been there very long time and we don't have a use for it. It's right in southwest Levik. We would get the most gains if we would be able to reszone it and be able to have a chance to sell. Otherwise, it's just land that is running down and is sitting in Southwest Leach. It makes no sense when you go down our street to see. People have brought up we don't have city water. We don't have sidewalks. We don't have streets. And yes, it is a very peaceful neighborhood because there's not a lot of crime taking place. The houses that are left are rental houses and some of these houses are so old and dilapitated that people shouldn't be living in them. They should not be open for rent houses. And to start changing that changes that neighborhood to grow to modern standards instead of keeping us in the 50s. This is an area that hasn't had a chance to really have development. and it changes the lives of a lot of families that aren't as developed to be able to change over and hey, let's do something else with it. So, there is there there is a lot of back and forth that you're going to hear because there is a lot of pride here. There are a lot of families that have grown up here, but now we're all older. I'm 37 years old. I grew up on that street. I've moved on. I have children in high school. I do not want to keep this land and have to try and maintain it. I would like to be able to do something to benefit my parents and put my parents in a better situation. That's where I'm at. And I believe Presley, who spoke with before, she's kind of in the same situation. If y'all change this and allowed us a chance to redistrict this area that has been forgotten, it allows us to be able to as families have a little bit more hope. There's not a lot of activity on this street anymore. The children that were once on this street are now teenagers. They're my kids. The baby, she's perfectly fine. and she walks and she's not bitten ran down by Teslas. We were just asking that maybe y'all see this from a different side. Instead of seeing this as an area that doesn't need it because it's been here for so long, maybe see it as an area that's been here so long and so forgotten that it's time that it gets to join the rest of Southwest. Thank you. >> Thank you. >> Be different if you actually live there. >> I do live there. My parents live there. >> Okay. Hey, hey, hey. Okay. Okay. Okay. Stop it. Stop. No, we're not here to have this going on here right now. If y'all want to talk like that, y'all can go outside. Okay. We're here trying to have a public hearing. I appreciate >> And I would like to say I received my mail here. I own this property. It is in my name regardless of I'm there every single day, which I am because my father is in a cane. My mom has her own health issues. I am their caregiver. I am the one there every single day caring for them. And to change that gives them a chance at a better future. >> Thank you. Is there anyone else wishing to speak in opposition? >> I mean >> in favor? Excuse me. Got me flustered there. >> I'm not signed up. Can I speak? >> You don't have to be signed up for this. >> I'm L Po. Uh, excuse me. My daughter lives at 76 on Oakidge. I grew up there. I moved out there when I was in second grade. And as you can tell, I'm a little bit older than that at this point. So, over 50 years. across the street when we moved in. It was a pig farm and uh you know we Pat Patterson owned it. He was a local police officer. He's a great guy. We didn't care about that much. You know, he he kind of let it go. When they did move in these mobile homes, and I I've gotten nothing against the mobile homes. Uh the ones there that where it's his MF residence, there's about six of them. They're clean, they're tidy. This one over here that it turned into a mess, you know, like you didn't know who was over there. We had some great friends that lived over there, some people that took care of my parents and loved them to death. But we also had some people that you didn't want in your neighborhood, you know. And a part of the problem is like they said, it is a very odd piece of property. This this neighborhood is it's a horseshoe basically and it's pinned in off 82nd Street. There's no way to get to it from any other way. Mr. McMahan, which is good. He's a friend of mine. He developed, you know, the primrose and all that. Well, so behind my parents place right there is a great big huge mostly dry all the time play. And so there's no there's no alley back there basically. So there's no access there. It's my parents have a dead end road right there. And so and it's nice out there. Like I said, you sit up there at night when the lake's got water in it and you birds and stuff and it's kind of nice and all that, but I think the problem is I'm not I feel bad for the I don't live. I don't want to live there when, you know, my dad and mom are gone. I think the problem is is that the way the place is structured, Levi Ruer, he has a beautiful property in the corner over there and it's kind of almost by itself. So, he can almost like fence it off from everybody. You know what I mean? The problem is I don't think anyone wants to buy my parents place. The house is old, you know, they'd have to tear it down. Uh, and I don't think anyone wants to come out there and buy that property to build a home in, you know, although it's beautiful. The sad part for me is is that I do know the neighbors that are here and have lived there all their lives and I understand where they're coming from 100%, you know, and I don't like the arguing that my my thing is for me and and my family is just like Chloe said, if it's commercial, the I think the property value goes up for us at that point. And otherwise, I don't know what we're going to do with the place if if we I mean, like I said, we could sell it for, you know, peanuts, I guess, and somebody could do something with the house, but I don't I mean, I don't think anybody's going to develop it any further as as it is now. The storage buildings were there. They used to be pretty rough. I I get that. There's some more storage buildings kind of the just west of that property that they're kind of sketchy still, I think, at this point. I don't know what's going on there, but you know, heavy commercial, like they said, a truck repair shop or something like that, maybe, you know, I I wouldn't be opposed to storage buildings of some sort, you know, but the cards are going to fall where they may. I feel bad for if it does happen and the families that, you know, don't want to leave there or don't want this to happen, I feel bad for them because they are friends of mine and but for me personally, it's not going to hurt my feelings if we zone this, you know, commercial. So, Okay, thank you all for your time. >> Thank you. Anyone else wishing to speak in favor? >> I have some handouts there. [Music] Please be sure and make sure you state your name and address for the record. >> Levi Ruer, as mentioned quite a bit here without expecting it, uh, but I live just northeast at 76th in Oakidge. uh have two parcels of land there. Uh the handout that I've given, everything with the red border is uh currently non-conforming to the uh single family residential zoning. Uh most of it was grandfathered in. um put some vacant properties that I know of, but like the map that the city put together, uh they failed to point out a little bit further west where uh number three is. There's a auto mechanic shop there with several mobile homes and uh tiny homes. uh one RV that people live out of full-time. Uh which I have nothing against. It's their property. Uh I just pointed out to show the diversity of the neighborhood. Um the as you can see all the way through the neighborhood uh you have non-conforming. Seven uh seven and eight are a commercial property with residential units on it. Oh, I have two number eights on there. Uh the first number eight uh second number eight, it has at least three residential pro uh dwellings on it. My property is unique. It's non-conforming because we're allowed to run a business out of the shop that's on it. Uh we got a variance for that. When my dad had the property built, >> which one is yours? >> Some of the people that spoke in opposition, their properties are non-conforming because there's multiple residential units um on it. But I I think there's probably a middle ground here. Is heavy commercial appropriate? Maybe not. Uh maybe changing it into an industrial park or light industry industrial would be more appropriate. And I think getting more plans put together, some restrictions on the scope of what's allowed to go in there may be better in the long run. U I have a 8-year-old daughter. We ride our bikes and stuff along the streets. Uh we do have enough land we can stay on our property, but we choose to come out to uh be friends with the neighbors, whether it's uh Lynn or Presley's uh granddad. He used to come ride a scooter to our house and uh after my dad died, uh his dog actually went to their house and uh Mr. Pope let her in and onto their couch. And it is a very familyfriendly neighborhood. But like Chloe and Johnny and Presley have talked about, the neighborhood will have to get even more dilapidated and the values go down and the current uh owners cannot uh profit off of their property. they won't be able to realize any gains or anything to help support them. So I because of commercial would increase the value and the usage of this property or this area. I think something should be done. Uh in the past I've sought a zone change for one of my front lots. it was denied because it'd be spot zoning, but um the the lots with they're about twice as deep as a standard residential lot. Uh I used to be in the water well business, so to have a water well and a septic tank, you have to have a minimum size lot to be able to fit both of them in there. And as was said earlier, there is no sewer uh service that is in that neighborhood. So uh you can't just divide these lots into smaller units and still uh make it where someone will come in and pay a 100,000 200,000 for an acre to uh just to tear everything down and rebuild more modern uh slab built homes. So, uh there's some uh issues that because this was annexed, it wasn't planned uh real well the usage is limited because of the size of the lots, how deep they are. uh someone would have to come in and uh buy out the entire 80 acres to redevelop it to be efficient uh to meet standard residential uh neighborhood codes moving forward. And my dad was unique and we bought the land and then he tore down the house and built the shop and uh we only tore down the house because the city said we had to have a bigger house on the land to build the shop. We needed to keep our drilling equipment and so he decided to redevelop our parcels. But um yeah, I I just think there's something in between uh denying it alto together and approving it. But I do think it needs to go commercial in the long run. Anyone has any questions? >> I just got a question. Which lots were yours on this map? Trying to picture >> 32 and 33. >> Okay. Thank you. Anybody else have any questions? Okay. thinking is there >> actually on on this map it would be very helpful if they can point out like where they live with the numbers so we have a better perspective >> I expect it right >> is there >> do you want me to leave this map up and ask people to come up and point out >> just point out the number um on that map of what where where your lot is at. >> Perfect. Also, I didn't send my letter back though. Is that a problem? Does that count? Okay. Okay. Sorry. >> You got it here. You're speaking. >> Um, Where is he? Right here, baby. >> 29 and 30. >> And if you 29, >> just to help us all out, would you say this is >> where you're out whether you were for and against? I think we got it. But just so we can >> Okay. I'm 31 on this map and I am for the reasonzoning. >> Okay. I'm number 20 on this map and I'm four as well. >> That's because they're both wanting to sell. >> Okay. >> Um, which way is this? >> I'm 29 and 30. My son is the 20. I own the whole property. My son's in the front house. I'm in the back house. >> I am 28. Uh I used to be 27 and 28 before my mother passed. Um and I am definitely against. >> Thank you. >> Okay. Okay. Is there anyone else wishing to speak in favor? Okay, seeing none, we'll close the public hearing for a matter of discussion. Do we have a motion? >> So moved. >> Have a motion. Do we have a second? >> Second. >> Have a motion and second. Okay, guys. Discussion time. >> This is a >> I'll say this is one of the strangest cases I've ever seen. >> Me, too. uh not had a case that I can remember where there was so much or equal opposition and um in favor. The the thing that I would say is that for me the zoning this heavy commercial in all of that residential seems like not a great idea. I do see everybody's position on both sides of this. Um but it's um it's just it's a very unique situation. It it really is and I see I see both sides. I think that for me um zoning this heavy commercial in this residential area is not the right call. So, I think for me it's it's a it's a no. >> I agree. I think that's just too far. I think there's some maybe middle ground that y'all can work out, but I think heavy commercial is just too far in a residential neighborhood, especially where that's located. >> Yeah. you know, this the city's going to keep running into these problems uh when you when you annex, you know, a bunch of hodgepodge land that's not been zoned, not been not been planned. You know, I don't know I don't know how these other lots around them got lot industrial to be honest. I don't know. I don't know where those >> That's just the land use. It is all zoned SF2. >> Okay. I misunderstood. >> So, I mean, we we've seen this, but we've seen this a ton of times where they where they bring things into the city that and they're all non-conforming because it's all SF2. >> Yeah. This is strange because it's already in the middle of the city really kind of. >> I mean, I I I understand. I'm not so I'm not certain that making this commercial is going to improve the land values around there. I I I just I I I don't think the math is there, but and I don't believe that this is a good idea to go as far as heavy commercial. Um something something I mean commercial, but maybe not that far. But I don't know. I think I think this is in my opinion this is going to infill eventually residential. I think it will give them time and I and I I know that not everybody has that kind of time, but I mean with all the residential around it, as hot as Milwaukee is, I think somebody will come in and buy it all and uh and and I mean if if they do something as uh simple as turn it into, you know, a mobile home or >> Well, either that or if >> big big mobile home park >> or even somebody came in alto together and wanted to turn it all to commercial where it's not just where it's not >> hodge podge. >> Yeah, that's the thing about it is is I'm dealing with some other issues on some on some land that I'm working on and and and it's not far from here and this has been the problem with this part of the city is that there's no infrastructure here other than the city is required to put in I guess >> fire hydrants. So they so they run fire hydrants. They run water lines for fire hydrants. But I mean whoever this is going to take somebody that buys it all as a big block to run the infrastructure and otherwise you're not going to be able to you're not going to be able to afford to do this and development. You'd know more about that than I would. >> Well, thanks for passing the ball over to me, Scott. Um, yeah, I hear a lot of great uh passionate stories and and and arguments and and wellfounded reasoning both ways. And I agree with Tanner. I think this is an extremely unique uh part of the city. It's extremely unique case. Um, the way I look at it is I don't I don't I don't think someone's going to come in here and probably do residential. Uh I think that um y'all are going to want too much for it for a residential developer to come in and buy this whole thing and turn it into lots and put that infrastructure in. There's also a lot of demonstration of light industrial uses already. Whether or not we agreed to them, uh they were there prior and uh you know, we're we're we're kind of having to live with them already. And I think that's starting to demonstrate somewhat of a precedence of this area turning from residential to other uses. Um I don't think I can't see from this map any new residential being built in this area, but there has been some light industrial I guess uses come in more recently. I so therefore I kind of lean I agree with heavy commercial is not the right use. Um that doesn't feel right. Um I think that's too loose. I also think the lack of utilities is going to prevent truly anything major heavy commercial to come in honestly. Um it's probably going to have to be kind of a storage type facility, something that doesn't have a lot of water usage. So therefore, I don't know if maybe light industrial might perhaps be a uh more amunable use for everybody. Um and I don't know if that's something that uh the applicant would be open to exploring or not. I don't know if Cory, you want to come up and address my kind of comments on that, what your thoughts are, >> but light industrial is even a heavier heavier zoning than the heavy commercial. There's more allowances there than the heavy commercial. >> I apologize. Say that again. >> I said going to light industrials even got more heavy uses than heavy commercial. >> That's correct. You um if that was something you wanted to entertain, that could not be done tonight. No, I'm not just saying but he just brought that up. I'm just saying that's even increasing it more. >> Kristen, is there a down zone that we could do that would allow for >> uh shops, office warehouse, storage type facility, or is heavy commercial? It >> you need the heavy commercial for the shops, office warehouse. If you were doing only self storage, I that could be auto urban commercial or neighborhood commercial. >> Yeah, >> but it wouldn't allow the shops. Yeah, >> I I feel like that's probably the direction they want to go. I feel like that's probably the direction that the neighbors want to go. I agree. I think that this is going to be something you're going to see more of. Um, you know, I I deal with with land development and residential development all day, every day, and this is a non-starter for redeveloping as single family residential. Um, and so it's either going to stay like it is. Um, uh, going in with a mobile home park is is not going to be possible. >> Um, I I get asked that question a lot from people. And, um, I I can't see a scenario where that would work out uh, here or really anywhere inside the city. Have we had a um a mobile home park developed inside the city limits, Kristen, since you've been at the city? >> Not not recently. I mean, I know of one that was in existence that wanted to expand. I mean, that's the only new one I can >> There's a lot of hurdles to that that make it virtually impossible. I I didn't mean to suggest that that that that's a >> I just my whole point was that heavy commercials a reach. >> Yeah. >> And I think I think that's too uh not restrictive enough. >> Yeah. >> It it it sounds a lot lot worse. I think you just read light industrial and you think, "Okay, well that's that's a lot better. Let's go with that." And the wording may be a little rougher than the actual >> Yeah. Heavy commercial sounds >> It does. It sounds worse. which sounds worse than lot industrial when it's really the opposite way. >> But I I feel like uh you would see a lot of dominoes start to fall with this and you would see a more of a redevelopment of this area and u maybe a a better use. I mean I I drive by one of these types of facilities off of 66 street just east of Alco every day and um somebody took that property and u made it into a great project. It's doesn't have a lot of activity um outside of 8 to 5 and so it's it's it's been a good neighbor to the residential areas around it. I I don't see any issues with it and I live right across from it. So I see something similar to this taking place. Uh it's just going to take that first domino. >> Kristen, I got a question for you. Um the the items that were already light industrial in there, were they pre-existing before they were annexed? So they're basically >> So it's not anything that's come in since they've been annexed. >> So okay, that was a question. So we haven't changed any zoning for anything that was there. Everything was already >> correct. It's all up to >> Thank you. Okay, any other questions? Are y'all ready to call the vote? >> Okay, all in favor of zone case 3534 say I. >> I. >> All oppose say nay. >> Nay. >> Motion fails one to six. This still will go to city council for the first reading on September 23. Okay, that's the end for the zone cases. Up next is our other business. This is not a public hearing. Be item 4.1. Okay. >> You ready? >> You ready? >> All right. >> Hello board. I'm Greg Hernandez with the planning department and this is a request to wave the screening fence requirement to the east on a property zoned auto urban commercial district formerly general retail district um which is adjacent to a property zone highdensity residential district formerly apartment medical district. The applicant is caller construction for Prosperity Bank located at 10909 Slide Road. Here is a picture showing where the screening fence would be required. And then here's pictures of the property uh to the north as well as views to the south, west, and east. And that's really all we have for to present for you guys. >> I guess is the applicant going to be here to speak? I'm going to have a couple of questions. >> The applicant is here. Good evening, Scott Collier, 2202 Avenue E here in Lumba. Um, good evening. U, we did construct both properties actually. Uh, we constructed the Prosperity Bank and we constructed the Primrose uh, daycare behind it. um in walking the site after we completed the bank, the the bank executive did ask, you know, are we complete? And I said, other than the screening fence and he asked why we're building a screening fence, and it's it's part of code. It's it's required. And he said, I'd like to eliminate the screening fence if the neighbor is agreeable to it. So, I asked the Primrose owner and she's like, I like saying the green space between me and the bank's property. So, that's the reason I'm here today is to formally ask that that that screening fence not be required to be constructed uh for both owners. Be glad to answer any questions. And I guess one of the questions is, and I know it's next door, they have a car wash to you. How come they didn't have to have a screening fence? >> They are developed under the current code which requires a landscape buffer yard which they are installing. >> Okay. And so this was >> two different codes because it was platted at a different time. >> Yes. This property was platted prior to October 1st, 2023 when the unified development code went into effect. So, they have vested rights under state law that allow them to develop using the code that was in place when they platted the property. Um, or they could have always opted in to the current code, but they chose to use the former code. >> Okay. Questions? >> So, the car wash is on 10811. >> It is north of the bank. >> Yeah. Okay. And then the um where that red square is is the only portion that you're requesting not to have a fence. What about the other one to the north of that? >> The property to the north is the car wash. >> The car wash. >> No, no, no. Like >> you said the car wash is north of the bank, right? >> Right. The bank's on the >> There's two properties on the west, but you only have the >> only 10909 would be requiring the screening fence because they're using the previous code. um the property to the north the car wash is using the current code which doesn't require the screen fence. So that's why it's only that portion that's requiring it. Does that make sense? >> So basically the car wash has a buffer anymore so right? >> Right. Their buffard is canopy trees and ornamental trees >> and this one doesn't have wouldn't have to have anything if they don't have the screening fence. >> Correct. >> Collier. It's it's hard to see. It's hard to tell what's there from the pictures. what's what's there now in between >> on on the primrose side of the property is is some evergreen trees, there's some pine trees, there's some cedar elms right there, and then there is a ornamental fence that really surrounds their playground that keeps the kids in. >> Uh it is a see-through fence and then on the bank side is just irrigated sod. So kind of a buffer yard, but not not quite code. New code. Correct. Okay. Yeah, I'm good with that. You want to see this? >> So, is there any way that it could go to landscaping instead of the >> the fence? >> The fence. No, because the landscaping is a requirement under the current code and they developed under the former code. So, unfortunately, the board could not require landscaping in place of the fence. Your your only option would be to wave the fence, allow it to be a shorter height, things like that. >> Okay? Because I see if we do that, I see that happening >> all the time. people are going to start coming and saying can they wave? >> Well, this is just because it was >> platted on the before the UDC. >> You really even you know this was an option even before our current code and it was rare that we saw these requests. Um >> Okay. >> Yeah. >> And the neighbor is okay with not having the fence. >> Yes, sir. I I I brought an email from Jayen saying that she's she's agreeable. preferred not to have a fence. >> Okay. >> We've got it down here, Terry, if you want to see it. >> Um, okay. So, we're we're just we're just talking about removing a fence or not today. >> Yes. >> That's it. They're required a six foot solid wood or masonry fence. But because there is no hardship, this is not before ZBA or the department can't make this decision >> because our former code required this specific item for whatever reason to come to this commission. >> Understood. Thanks. >> That's what it's saying. [Music] >> So you really got to see Primrose has got the trees on theirs, right? And then you've got down where the car wash is. They have trees. The only difference is is y'all don't have trees. Y'all are just wanting to say no fence and just have the grass. >> Yeah, I'm good with it. I think it makes sense, >> especially makes sense to me. I can't see. It's not a big deal. >> I'll make a motion to approve approve that request. >> Second. >> Any other discussion? >> All in favor say I. I. >> All oppose? Nay. >> Nay. >> Motion carries. 5 to two. >> Who were the two? Okay. Thank you. >> I don't like it. >> I know. Well, I just they put trees. >> Okay. >> Okay. Next off is our work session. covering the draft zoning map analysis. >> Yes. Um hopefully y'all all had a chance to look at this. As you stated, this is our draft zoning map analysis. Um we contracted with Safeuilt about a year ago now to create this analysis and we are bringing it to you today just as a work session just to present it, get any feedback or discussion from your commission. There's no vote being taken tonight and then we will take it to the city council at their meeting September 23rd also for a work session. Again, no vote being taken. It has been posted on our website with a survey for the past three weeks um asking citizens to review it, provide feedback. Um so let's I'll try to quickly summarize the maps, but please feel free to stop me if you have any questions. So, I'm going to skip through the introductory remarks and where they kind of describe how they went through this process. This is a key map. It looks like some of the text is not showing up for some reason, but it it shows um how they grouped the areas around the city. There we go. That's the key map I was looking for. So, there's 16 areas that we'll run through. So, map one, this is north Interstate 27. This is the airport. So again, you have property that was annexed into the city as R1 or transition, which became low density SF2 under the unified development code. It's, you know, non-conforming, and that's fine, but we want to come in and give it appropriate zoning. The majority of the maps you will see tonight are properties that were annexed that are non-conforming and they don't have appropriate zoning for the existing use. properties that are vacant and have a more intense zoning than may be appropriate for the area or properties that were developed under the former code where you could do a retail center in heavy manufacturing because that code stacked upon itself whereas the unified development code puts uses in their appropriate districts. So there are areas that need to be downzoned um to an appropriate district. So you have the airport. Um further south you have the Levik business park that's zoned industrial park area on the east side of MLK south of East Kent will likely also be developed into another business park. And so the recommendation on this one is to reszone it to general industrial and then industrial park for that area by the liic business park. And so there are four maps per area. I was skipping over the existing land use and f future land use, but if you want me to touch on any of those, I'm happy to. Map two, we have three different areas here. We have the corner of East Loop 289 and Ideloo Road. That is vacant land zoned industrial. You have on East 4th, just east of Loop 289, an area that was annexed in 2023. This is north of north of Lupino. And then on the bottom you have Erskin North Avenue Q right there by the north interstate. You have a lot of parkland part of the Canyon Lakes part of it's owned by the city of Levik that again is zoned industrial. So there are recommendations there are to downzone that vacant corner at the northeast sleep and Idaloo road. You know it's still at the intersection of you know two expressways. So we don't want to take it all the way down to residential but auto urban commercial would be appropriate there. having the general industrial to match the LRO zoning that's immediately across the street on East 4th and then taking those Canyon Lakes Park system back to SF2 map three this top part this is just south of 34th just south of the city of Leic Cemetery you have an entire area that is platted and subdivided for residential but it's zoned industrial and then below that at East Loop and East 50th this again is more of the Canyon Lakes area. Again, zoned industrial. So, taking those back to low density residential. Map four, this is where we kind of get into the hodge podge. You have East 50th and MLK. This is James subdivision. Um, it's a mix. You have some residential uses out here still. You have some commercial. You have some vacant lots. And so those lots to the north that are currently zoned SF2 are developed, some of them are developed as commercial, whereas on the southern part, you have some vacant lots zoned industrial. So the recommendation there is to go in kind of lot by law and clean up that zoning. >> That's kind of just like the church that was just here. >> Yes. Map five. This is you have the Briercraft office park on Avenue Q top left corner and then you have 34th in university and 50th in university. Briercraft office park that current zoning is high density residential with two neighborhood commercial. At 34th in university you have a clinic, you have a retail, you have office, but they're zoned medium density residential or highdensity residential. And then at 50th and University, you have Plains Capital Bank on the corner zoned SF2. You have an office on the northeast corner of 50th and University and some additional retail um medical facilities to the south. And so again, taking Briercraft Office Park to that office zoning um giving appropriate commercial zoning to those commercial uses. Map six is South Loop 289 in Indiana and then 82nd in University. Um the part that's orange zoned MDR. You have an office there currently that's also part of that neighborhood commercial. You have some vacant land. And you have the lake that's zoned SF2 and MDR in front of that apartment complex immediately south of those properties. And then 82nd University. It's backwards. You have an office zoned HDR and duplexes zoned office. And you have a little strip of heavy commercial um right there east of University north of 82nd. So taking the the property to commercial on the south loop, both the office that's existing and the vacant lot next to it. The lake is okay to remain as residential. Correcting the duplex zoning, although we will on that corner make sure that it has appropriate zoning for an office. And then auto urban commercial at 82nd University. Part of that was already corrected by one of the recent zone cases you approved. Map 7, 114th all the way to 146th on Indiana Avenue. North of 114th, you have some vacant landz zoned industrial park. Probably not the best place for industrial park zoning. And then south of that, you have some vacant land zoned SF2, but immediately west of it, there is heavy commercial and auto urban commercial. Um, you have on the northeast corner of 130th in Indiana, you have the United Supermarket there, but the rest of that commercial corner is still SF2. And then further south, um, all the way down on 146, that SF2 is actually a non-conforming self- storage facility. And for some reason, you have one culde-sac that is MDR that does not match the rest of the neighborhood. So on 114th, taking that industrial down to commercial, giving appropriate commercial zoning on the other side and at the hard corner and correcting those on 146. Map 8, this is Slide Road from 114th to 130th. You have a non-conforming self- storage zoned SF2 um northeast corner of 114th in Slide. That neighborhood and that church on the east side of slide, those are okay. Okay, we don't need to do anything with those. But south of 130th, that's where we have that mix of properties that are inside the city and outside the city, but they're mostly all developed commercial. And so giving those proper commercial zoning, giving that self- storage commercial zoning and those non-conforming properties on the west side of slide commercial zoning. Map nine, this is slide in 82nd and then slide in 98th. um southeast corner slide in 82nd. That's where you have drug emporium. You have that shopping center. The reason it's SF2 is because it was part of the plan development zone case for Lacage. They left it zoned R1 and then put in conditions where specifically this area was allowed to develop C2 uses. Well, it's developed and that's great, but let's go ahead and clean up the zoning. And then Slide Road, you have um a shopping center. part of it is currently zoned SF2 while the rest of it to the east is auto urban commercial and so correcting that commercial zoning um in both of those areas. Map 10, this is at 66 and al cove. So you have an existing uh business park that's currently zoned light industrial. Immediately adjacent to it, you have another business park zoned SF2. It is just about fully developed. They were able to continue developing it because of vested rights prior to annexation, but it does need to have appropriate zoning for the uses. And then Upland 82nd, classic example of non-conforming uses that were annexed. You have a mix of different commercial uses, self storage. Um, so again, cleaning up those, giving that industrial park, industrial park zoning, and then appropriate commercial zoning on 82nd and Upland. Map 11, 66 in Upland at Marsha Sharp Freeway. Same situation. Um, that property, that kind of oddshaped property to the east, uh, that is zoned heavy commercial, the purple, that is for golf. Just to help you get oriented, you have commercial uses up and down Marshia Sharp, up and down Upland that have SFT zoning. So, again, correcting all of those. You know, Marsha Sharp is a freeway. There is already some heavy commercial there, so we thought it was appropriate to put heavy commercial there as well. Map 12. This is Canyon West on Marsha Shark Freeway in Milwaukee. So, this is what I'm talking about. You have everything at Canyon West. You know, Target and Petsmart and Cracker Barrel and Roses, they're all zoned light industrial or industrial park because they could do that. There was no reason for them to reszone under the former code. Well, now those uses would not be allowed in those current districts. So, we need to downzone those to appropriate commercial zoning. And then same thing at Frankfurt and Spur. You have a lot of retail uses up and down Frankfurt. You have a lot of auto uses there at the Spur. And so giving those appropriate commercial zoning. Map 13. This is 19th and Marshia Sharp Freeway. This is the medical district. Kind of a hodge podge. You have the heavy commercial uses on the freeway. The majority of the rest of it is um highdensity residential because it was formerly apartment medical district. You do have some residential medical office, different type uses. And then at 50th and Quaker, you have a shopping center that is um zoned SF2. Same situation there. It was zoned R1, specific use for a shopping center. And then you have an office zoned high density residential. So going through especially in the medical district depending on the use giving it appropriate zoning whether it's office or auto urban commercial or leaving it as the highdensity residential and then getting that auto urban commercial at quaker room 50th map 14 you're atkin and north slide just outside the north loop all the way down to fourth and slide you have an office there west of slide zoned highdensity residential a mix of office medical uses. They're on the north loop. Um they're on fourth, east of slide, north of fourth. You have apartments that are zoned neighborhood commercial and commercial uses zoned high density residential. And then you have a shopping center at 13th and slide zoned SF2 with offices zoned HDR. So cleaning that up to appropriate zoning. Map 15, Milwaukee and 19th. Um and then all the way over to Upland and 19th. It's all non-conforming properties that were annexed. You have several SF2 commercial properties on the north side of 19th. Um you have that sliver of SF2 in between heavy commercial and the south side of 19th and then upland. Um same situation. You have some non-conforming SF2. So going through giving those uses appropriate zoning map 16 North Frankfurt and Kent and then we have a corner at the north loop just west of University and then North Quaker and Clovis Highway North Frankfurt that was a portion that we did an involuntary annexation in 2018. So, several um existing commercial uses zoned SF2 at the north loop and uh I think I said east west of University that kind of triangle pie-shaped property is just vacant industrial land um owned by the city of Levik. And then Clovis Highway and North Quaker, you already have some industrial uses out there. So, bringing some heavy commercial zoning to North Frankfurt, taking that vacant land back to SF2, and then getting some industrial zoning for the uses out there at Clovis Highway. That was really fast. What questions do you all have for me? >> Um, I have a question. Um, has there been I guess I haven't looked at every property, but has there been instances to where like, you know, zone case that we just had the land use was, you know, light industrial in the middle of residential. Has there been cases to where like that has been brought up to light industrial to like make it conforming or No. >> Does that make sense? >> Yeah. I mean, not not in that type of situation where it's surrounded by residential. If it were on a thorough affair or an expressway where it was appropriate. Um, I mean, we we've had both individuals who knew their property was non-conforming, wanted to get appropriate zoning, maybe they're trying to sell it or do something different. And then these are just recommendations. None of this has taken place yet. Um but definitely I I know what you're asking, but definitely not where it's in the middle of, you know, something where it might not be appropriate. >> Okay. H how will it go if we're changing the zoning or if we're downzoning somebody's property? Will they have a say in it? >> They will. Um, so the city has the authority to bring this request forward to council, but just like how you have the 20% opposition, if you get, you know, 20% of the land area within the 200t boundary, the same applies to the subject property itself. Okay? >> If the owner of the subject property is in opposition, that could trigger a supermajority potentially. So, they will definitely have a say. >> But it's like somebody that's a a shopping center that's already here. you're probably going to say, "Yeah, okay. No big deal." >> Yeah, they won't. I would hope they wouldn't mind. >> Okay. >> My my question revolves around that, too. Is so if that property owner doesn't want it to be downzone, >> what is their process? >> They I would encourage them to, you know, send in written opposition, come and speak to the PNZ or council when we have those hearings um for those zone changes. >> I I don't like that. >> Okay. I mean, just for looking for feedback, like that seems like a overreach. >> Okay. >> To me, >> a recipe for a lot of feedback. >> Yeah. >> Well, that but also like if you if you just don't know potentially, we we see a lot of people who don't really know how to do the process, >> right? and if they just missed it or didn't understand it or whatever, I could see a lot of >> headache coming from that. >> Well, this is one I know that when we went through the EDC and had to come up to this, this was one of the ones that we knew that we had to look at some of this and hopefully that most of it beable to people to come in to do it with understanding. I think >> can you >> explanations thorough explanations will go a long way. When you give the notification, can you not include the process? They have an issue with it. >> I mean, you can, but I just think that's if they don't show up, they don't do the process and you downzone their property. Like, >> I don't know. That seems overreachy to me. >> Gotcha. H >> how often is this done? Have we done it since the adoption of the UDC? >> No. >> No. >> This this was coming about because of the UDC. One of the recommendations that we had was to to do this to look at it because we knew there was hodge podgees coming around and like she said a lot of it came back through stuff that was annexed before and just looking at it knowing that there were going to be issues. So this has been coming for a while. >> Yes, this this was planned you know once we got the comprehensive plan adopted in 2018 then we were going to do the unified development code which we completed in 2023. This is kind of the last piece of the puzzle to do a citywide review of the zoning. Um, no. The typically the city does not typically bring forward zone changes of other people's property unless there is a specific reason and it is in the public interest. It is very rare. Um the last time I remember us doing it was probably seven years ago and we tried to reszone Brier Croft Office Park and um at that time the zoning was just everyone had their own conditions and specific uses and no one really wanted to let go of anything but now it's you know they're all high density residential for the most part. Um so it really needs some consistent zoning there. So, let's say, you know, they oppose. Is this all happening together or like is this going to be like, you know, each map is one? >> We're going to take council direction on that. Um, we we've thought we could do it either way. We could take all the recommendations for the entire city all in one go. Um, we could go map by map and have the 16 different areas. Um, we're probably just going to I mean I any feedback you have on that and any feedback council has on that, we're happy to hear. Um, obviously if we do all of the city all at once, we'll probably do the alternative notification process like we did under um when we did the unified development code versus sending letters to 101,000 parcels. Yeah, I feel like this should be taken into like small bits um in order to educate like you know the people that might not want to downsize u their zoning right >> or downgrade their zoning. >> That way you make sure everybody gets, you know, the letter and everybody >> is knows what's going on, >> right? >> Rather than just put it all together and >> and this is going to be >> one package. And this is going to be one that goes to us and the city council, correct? Okay. >> Yes. >> So, this is your recommendation. Do we take any action tonight or is it purely just talking about it? >> Yeah. >> What happens next? Walk me through the process going forward. >> So, our consultant safe built will actually be here on the 23rd at that council meeting. They will give a presentation during a work session to council going over this analysis. And then my expectation is that council will give staff direction on how they want us to proceed if there are other areas they weren't studied um or included in our in the recommendation final recommendation and how they want us to go about with the actual reasonzoning. >> Okay? And let's just say they said yes, we want to keep moving forward with this hypothetically. >> What happens next? So, um, we will we'll start bringing forward zone change requests to this commission first. Um, it definitely won't be October. You know, that would be too soon. Council may want us to wait, get through the holidays, November, December, and bring it in January. They may say, "Get on it and bring it in November." So, >> we're going to let Tanner off the hook on this. >> That's right. He rolls off. That's great. >> Yeah, that's I think that's unacceptable. We need to do this in December. Sure. >> I think everyone, you know, this is kind of everyone's first opportunity seeing it. It's been on the website for only three weeks. Um, I think everyone's going to want a chance to study it a little more, give us more direction. My expectation is have time to study it, get through the holidays, come back in January, and let's move forward with it. >> Thank you. Are we able to go to the city city council work sessions if we come in to listen to the >> um if yes I it's open to the public so yes you're absolutely able to come now if you come as a >> if there's a quorum of you there >> and the council sees that there's a quorum of you there and then they start asking you questions then ask have you to come up because that's what a work session is Right. It is an ability to sit there and have discussion with staff, have discussion with other parties that the council would like to discuss it with. It's not necessarily just it's not a public hearing. So, um, if y'all are there and you think there's going to be a quorum that's going to be there, then let us know and we will simply post it as a potential meeting of the planning and zoning commission as well. Um, and then we're fine. and I don't have to worry about the fact that they're >> I mean I don't know everybody else but it would be interesting to me not not discounting you but to hear >> hear from the consultant so >> and and of course it'll be it'll be broadcast >> it will be online right >> yeah yeah so you'll be able to watch it remotely if you don't if you can't be here in person but if you if you think you're going to be here in person then please let Kristen know because unfortunately I have had to ask people to leave um meetings because we didn't And that's always fun with a council member um to ask them to leave a meeting when we don't have it posted. But >> okay, that's just a question. And like I said, I don't know if anybody else was, but I'm thinking >> maybe just watch it online. >> Just pull us like you do on a regular meeting to see if we're going to be here. >> I just I wanted to bring up one more thing as well. U we did post this on the website. We also have a survey. So if you guys are starting to get people asking questions, please direct them to the website. There is a survey that we're asking for people to take to give feedback or anything. So, there is a survey on the website as well. Just wanted to make sure. >> So, you're saying, >> can you maybe shoot us a link for the your intent so that we can send to >> file for reszoning on all these parcels and not send a written notice to the land owner? >> Not necessarily. Um, you know, if we were to take it all in one go, Probably not because that's 101,000 letters. >> Understand. >> But if we if we break it up, >> I mean, we Yes, we could potentially do the notification. >> But if you're going to break it up, are you going to break it up into 16 meetings or four meetings? I mean, it's still >> it could be zone cases. >> Shut down. >> I'm just gonna You're gonna you know, most people might not have a problem with it, but you're going to run across in 101,000 parcels. You're going to run across somebody who's really pissed off >> that you didn't let them know you reszoneed >> grandma's house. >> You know what I'm saying? >> Yeah. And and I mean we would have to give I mean we're required to give notice legal notice of some kind and and your your suggestion that it goes to each individual parcel is well taken and and of almost always my um my preference on those. What really what the alternative notice that we've done in the past was for regulations that applied across the entire city. There changes to the UDC that apply to every zone everywhere throughout the city. Now the state law has changed to where we actually don't have to send out because our at the time we we had to give we would have to give notice to everybody within the city. Um and that's why we c there was an alternative notice process. Normal procedure for this would be to give notice to each individual property owner and that is would be a consideration and how big and how much and you're absolutely right. this could take um a considerable period of time and you know that's something that staff and their resources and council and you and everybody else's resources wants to um take into consideration. I'm not president. I haven't talked about it. So I might be speaking a little out of terms. I I don't know how you could do all of this at all of them at once. >> The way I'm picturing in my head like the full room will be like full and then people will be outside the door. >> I think I think it'd be I think it'd be bigger. I think it'd be bigger than that. I think it'd be started. >> Yeah. >> Because you're going to have people that aren't involved in it that don't understand it are going to be coming in and talking about something that's not even involved in it. district. >> Yeah. >> Yeah. >> So, this process is going to require us to vote on each 101,000 parcels. >> No, I'm sorry. So, that was just the 101,000 is give or take the number of parcels within the entire city. So, if we were >> on on this on this change, how many different zone cases are there going to be? Depends on how we break it up. Minimum 16 probably. >> 16. >> So you're not going to take each individual property. It's going to say it's going to be that group >> like this, you know, on the map currently that North Frankfurt stretch. We might take that all as one case. >> Okay. Gotcha. >> Mhm. >> Okay. I'm just trying to figure out how much of a beating this is going to be. >> And of course, I guess I guess when you're 10 years old, >> I think for part of it is it's really not going to be our call that city council's call. >> True. But you'll make a recommendation. >> Still, >> it has to come to you first. >> We only make a recommendation. >> Yes. Has to come to you first. >> Okay. >> I know I'm stuck on this, but >> my recommendation potentially could be for the downzoning that that person has to opt in. That property owner has to opt in to down zone and if they don't, then it doesn't happen. >> Just feedback. >> I appreciate that. >> Yep. I think specifically as it relates to especially vacant land parcels, that's definitely going to be a big consideration. I'm trying to think if it's occupied, how big of a deal it is. I guess today we saw that uh we saw something that was occupied that they were trying to reszone. So it could affect them too. Mainly mainly just residential, I'm sure. >> Yeah. Vacant land. I can see that because >> if you if you reszone if you reszone something that downzone it and now it's non-compliant. Well, it's just not compliant until they do something else, >> right? It's kind of like you got the transition where somebody you brought in, they're >> they're still >> they're still able to do what they're doing as long as you're still continual. >> Yeah. This won't change the legal non-conforming of of what's going on. The vacant land is going to be the big where it's not being used >> is going to this is not this is not a taking where you going like closing business because you don't And then really, but if it comes in and if it was something you downzone to SF2 and it was vacant land and they hadn't done it, >> then they can still come. >> Sure. >> But it might have been heavy commercial before and they thought they owned a piece of commercial land and all of a sudden we reszone it on them to a house lot and they go, "Oh, wait. I have this listed for sale or under contract and now you changed the game on me." That's what we got to be cautious of, right? >> So, >> or vice versa for that matter. >> Yeah. Yeah. Okay. >> Well, not everybody's going to be happy no matter what choice. So, >> yeah. Amen. >> Okay. It is 7:47 and we are ajourned. >> Thank you. [Music]