[Music] [Music] It's 6:00. clock and call the meeting to order. My name is James Bell and tonight I'll be serving as chair. This is the planning and zoning commission meeting for October 9th, 2025. The first matter of business is citizens comments. Any citizen wishing to appear before regular meeting of the planning and zoning commission regarding any matter posted on the agenda was assigned 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. Staff, was there anyone signed up to speak? Okay. The next matter of business is the approval of the minutes for the following meeting, the September 4th, 2025 Planning and Zoning Commission meeting. Is there a motion? >> So move. >> We have a motion. Is there a second? >> I'll second. >> Motion and second. All in favor say I. >> I. All oppose? Nay. >> Okay. Next up are the zone cases. When we call your zone case up, these steps will be followed. The chair will call the first case and will invite city staff to make the presentations on the case. The board may ask staff questions, but board comments and debate should not occur. The chair will open the public hearing on the case. The chair will then call the applicant represented to prove any additional comment. The applicant will still need to clearly state their name and address for the record and briefly explain the case. After the applicant has spoken, the chair askked 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. Chair will then ask for anyone in favor of the item to speak. Those speaking in favor should give their name and address and then speak to the board. First case we have is zone item 3.1 zone case 2993B. Good evening chairman and members of the commission. My name is Shane Spencer and this is zone case 2993-B. The applicant is Mountaintop Engineering for the worship center and they are requesting a zone change from NC and AC to AC. AC being Autourban Commercial. We have sent 26 notifications and we have received back two letters in opposition. Here's that notification map. The two letters in opposition were largely concerned with traffic and uh other possible uses of the site. Here's the aerial map. It shows a bank to the west, homes to the south, commercial businesses to the east, and the churches to the north. Here's the zoning map. There is AC to the west, SF2 single family to the south and north and office OF to the east. The master thoroughare plan here designates this property for commercial purposes. And here are photographs of the subject and surrounding sites. Here's an exhibit provided by the applicant. shows the proposed crosswalk across 82nd Street there. [Music] The future land use map designates this area for commercial land uses. This request conforms to this designation would be appropriate considering the existing adjacent zoning districts and 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 will not change the character of the existing development. And the location is along 82nd Street and 83rd Street which are designated as a principal arterial and local street respectively by the Masserofair plan. Staff has no objections to this request and I'd be pleased to answer any questions at this time. Could you go back for a second to the map where or the picture where you're showing the co crosswalk? >> Yes. >> So, this is farther down away from Upland. Correct. >> Correct. >> Okay. Thank you. Any other questions for staff at this time? Okay. Thank you. >> Thank you. >> Is the applicant or his or her representative here and wishing to speak? If you'd please state your name and address for the record. >> Good evening, Landing Zone Commission. I'm Tommy Arms with Mountain Top Engineering. We're located at 252586 Street in Luck, Texas, Zip code 79423. And I'm here on behalf of the warship center. So, we are proposing a parking lot since the current church is out of parking and I have been coordinating with the traffic engineering department. I've already got the approval on the pedestrian hybrid beacon that we are proposing. They're good with the distance. It's going to meet all their rules and regulations. They've already approved the plans. As soon as we get the go-ahad, they are ready for us to build this and they'll take full ownership of the street crosswalk. So, it's when I say pedestrian hybrid beacon, it's going to have the full street lights. Then it has a little button that you hit. And so, it's only going to be active on during the hours of the church. So, Wednesday night and typically on Sunday, that's when it'll be used. So, it's not going to hinder traffic. And the other thing that I'd like to point out is that the engineering department has approved two approaches off 82nd Street. We have no intentions of having any traffic pour to 83rd Street. There is a 6ft stone fence that's going to remain in place and we intend to have that there. So no traffic will be dumped on 83rd Street since it is a small local street for the residents to the south. The current zoning as stated was part of its AC before we replotted it and a majority is NC. We are requesting to change the AC so we can build the parking lot. >> Does it look like you're going to have a perimeter fence around the whole the whole parking lot? >> So to the east it will be required. To the west it will not be required since that is AC zoning. >> Okay. Thank you. Does anybody have >> Yeah. So I have two questions. One is on the crosswalk. Is it like similar to one of the ones like on University by Tech? >> So similar to the ones that serve the school and like I said, I've been coordinating with Will Cumins, the traffic engineer of the city and he basically he already gave me the blessing on it and it's going to be in full performance with city standards. >> Okay. And then secondly, you mentioned two um >> two approaches. >> Yeah. Approaches. Yes, sir. There will be an approach on the east side of the property and on the west side of the property. >> So, it's not on this picture here. >> Correct. >> Okay. Gotcha. Thank you. >> Any other questions? >> Is the fence going to be see-through on the south side or is it blocked like >> So, there's an existing 6ft brick fence that's going to remain in place. >> Okay. >> Any other questions for the applicant at this time? >> Okay. Thank you very much. >> Thank you. Is there anyone here wishing to speak in opposition to this request? If so, please come forward, state your name and address. Okay, seeing none, is there anyone else wishing to speak in favor of the request? Again, if you'd state your name and address for the record. Yes, my name is Mike Patterson. I uh lived in Lev. Uh, born and raised in Level. I've lived in Levelville for the last 25 years. I live at 3410 County Road 7610. Own a business at 82nd Indiana and also have several rental properties. U My reason for being here is I'm a former police officer and in that job I was uh given the job of patrol and I've worked many accidents and including many pedestrian accidents. Uh, and I was also a criminal investigation division for a while and so I wor worked a lot of crime scenes involving accidents and pedestrian accidents. So, I wanted to start just I know there had been some complaints about noise and complaints about food trucks. I just wanted to address that quickly. You know, I was at uh church on Wednesday when we have uh one of our worship services and again for all three services on Sunday. And when I walked out of the building within 10 ft, I couldn't hear any music. I had a decel meter with me. I couldn't hear any music whatsoever. I went over to 83rd and Trenton where some of the complaints were coming from. There was no noise from music at all. Only uh noise that I heard was from the traffic there. So, you know, we I you know, I really don't understand why that's relevant here because that that would be a noise complaint as a police officer. I've handled many noise complaints of loud music and they dispatch an officer and he tells them to turn it down. So, as far as the uh food trucks, we don't have any desire to have food trucks over in the new parking area. You know, when we have an outdoor event, it's usually two or three food trucks and after they eat, then we usually move inside for some type of worship. You know, the reason we want the new parking area is uh as you know, people take the least resistance uh when they cross the street. I did it when I pulled up out here. I just walked across and um the problem is is when you and you know may come straight across, they may come at an angle, but a lot of times if you have people coming across, you know, they've got several children with them and sometimes kids can be impredictable, you know, unpredictable and and then if they're carrying a toddler with them, it can be very dangerous. And and I watched that parking on Sunday and I watched the people that were coming across and it it is dangerous when there's not a designated place for them to to cross. So, you know, our desire is to have the parking lot and have the crosswalk to where we have a staging area on both sides of the road uh to where whenever they get ready to cross that we can funnel those people that are coming across into a staging area and then at the appropriate time to activate the crosswalk where they they could then cross at the appropriate time, not just jet across whenever they, you know, they see fit. I actually had to park across the street last week and it was it was pretty tense and um and the police had just arrived when I got there to start directing traffic and I watched them direct traffic and I talked to those officers being a former officer and I asked them if I said have you had some close calls and they say oh yeah we have them all the time people just going through here back and forth. So my concern is that um that if we don't have an appropriate place for people to cross that uh you know if someone gets hit it's going to open up all kinds of litigation not only for you know for us but also for the city and a lot of other people that are involved. That's just it. You know we desire a place to park in a crosswalk to where we can for the safety of the people that are coming across to attend the services. And so, um, you know, I've seen it. I've seen it as a police officer and it can be a tragic thing if someone's is run over. So, anyway, so that's all I had. Thank you so much for the opportunity. >> Thank you for coming and speak. >> Thank you. >> Is there anyone else wishing to speak in favor? >> Well, I'd like to speak. I want to talk about another case, but this one is pertinent, too. I live My name is John Kio. I live at 7315 93rd Street. That's off of 93rd in Upland. Every Sunday, we come back from church on 82nd Street. And I'm very familiar with his church. And I'm here to tell you, if you don't put that out there, someone's going to get killed because there are kids jet across that street. You have cars stopping to let them go across. It's three lanes. Two cars are stopped, the other lanes open, and someone's coming through and cars fly right by them and miss them by about this much. So unless you plan on closing that church down, I'd give them that parking lot. I'd give them that crosswalk because it is scary and I've been going across it for years and I have had to swerve from kids junior high whatever running across and uh it is a mad house on Sunday and uh you know like I said I'm just putting my two cents in cuz I pass it every day. I had no idea this was up you know in front of the board but I I think it's a great idea and I've lived there for years. >> Appreciate it. Anyone else wishing to speak in favor? Again, if you'll state your name and address for the record. >> Yes, sir. >> John Campbell. I live at 9105 Juno Avenue. And I everything that is said before is exactly what we're wanting to do. But if you guys look at the highlighted areas in the red or whatever, you got to keep in mind everybody's just they're taking the path of least resistance. I parked out here and set in the driveway and I'm in the first parking spot and I guarantee you everybody that crossed the street didn't go down the 20 ft to the parking lot. I meant to the crosswalk. They walk straight across the street to where we are. So, what we're trying to do is just take everybody our best numbers that we come up between drone footage and walking the parking lots and stuff is we can occupy up to about 140 spots in other places with permission. But in this case, we're adding 210. So, we're already not only adding 50 to 60 more spots than we can actually service in the in the building, right? But then also we've added extra wide places for bigger trucks and vehicles. So we've already accounted for that in in this. Um so the only thing that you know we were talking about because I've talked to several of the people on the board and and was kind of going over some other details is um maybe a couple of those parking spots adding it to where we create a bullpin if you will so that our parking attendance that we normally have at all of these other places can be consolidated to you know kind of keep people in a crowded area so we don't have everybody just standing right up on the street waiting to go. We kind of have a an offset area basically maybe 5 ft off the off the walkway so that we keep everybody off the street till the crosswalk is activated and then they cross the street. But this is very necessary guys. We're we're we're we're playing frogger out there and we're doing our best even with police officers and I can tell you um as one of the board members, our pastors agreed to from the pull pit um start stating that we are going to ask our officers that do come to issue citations to people for jaywalking. We figure if we can get that done 10 or 15 times, the word will get out and people will quit doing it. But we'll have our volunteers in that area. And our hopes is that the city will work with us because we they had said something about possibly wanting us to put hedges across the front unless we can find fully grown hedges. People are just going to cross through them. So, we were going to try to do something where we come back and put a see-through fence, but maybe something up like 42 in high. I don't know the rules, but just something to keep, you know, women or anyone from trying to just cross the street. It kind of funnels people to that direction to a holding area where the uh the crosswalk can be activated. So I I'm I'm asking you guys to approve this. I I think it's very necessary. >> Any questions? >> I guess that's one of the questions that I had. Do you think you'll be able I know the idea to it is great to go through it. Do you think you'll be able to control the people and try to follow the rules to be able to >> Well, I think the fence was is going to really be because, you know, I mean, it's it's kind of like we talked about it. We the recommendation or one of the the engineer was telling us that they were wanting to put hedges up there. And I'm like, well, that's great. Until those hedges are 10 or 15 years old, they're not going to be tall enough to deter people from crossing. So, my recommendation, and we were going to save this for a later, you know, talk, but I kind of want it to be known. We do want it fenced, but we want to be where we can see through it cuz we don't want to create a a private area where trash builds up or whatever the case may be, people can hide out. Um, the fence to the to the to the east or excuse me, the south is solid concrete. So, I that one is already in place, but even doing fences along the perimeter, I don't I don't think we're against that at all if it if it keeps everybody funneled into a safe thing. Again, this is all us doing. We bought this land just for that purpose because we don't like the idea that we have people coming from almost a quarter of a mile at a diagonal angles going across this thing. It's just it's crazy. And we've done our best to try to coach people. But it doesn't matter if they're running late, they're crossing the street. It path of least resistance where they're going. So in this case, if we all get them into one, you know, centralized area, then it'll be our job is to to use the fences and then our volunteers instead of having these, you know, 10 or 15 volunteers spread out all over the place, we'll have them consolidated in one area to kind of help funnel people through the right way. So >> Okay. Well, that was just one thing when kind of had a plan to figure out to do it because just doing it, not having a plan's really not going to change. >> No, no. Well, you know, we're we're we're liable, too. So our thing is from liability standpoint as a board, we're we're going we've got to get something done and and I'm hoping that you guys will partner with us and get it. And again, this is all at our expense. So we're we're going not only to the point of we have permission to park on these p these u parking lots. I mean, we've got permission and everything in place, but just the right thing to do is it for our church and our people is to get them into a parking lot that's ours that, you know, if Arm Tech, God forbid, next door decided next week that we can't park there anymore. You're going to have people parking in neighborhoods. I mean, that's just going to be the reality. It's kind of like fair parking at that point. People are going to find a space and not where you want it, it's just where they're going to be. Tech football games, you know that we're we're dealing with that everywhere. So anyway, I hope you guys will work with us and get this thing done because we'd like to see this moving as soon as possible. >> Thank you. >> Appreciate your time. >> Is there anyone else wishing to speak in favor of this? >> Seeing none, we'll close the public hearing for matter discussion. Is there a motion? >> So moved. >> We have a motion. Do we have a second? >> Second. >> Have a motion and a second. Discussion. >> Yeah, I appreciate you guys putting a lot of thought and effort through what you guys are trying to do here. Um, on its face, if we were just looking at this as a blank piece of land without knowing what you were going to be doing with it, um, auto urban commercial would work just fine here. Um, you have a hard corner. It's a block off the hard corner. It's just one parcel over. This is a very obvious use in my mind for this track land being on 82nd Street. And I think you guys have taken a step further trying to accommodate certain concerns that have come up um, over the past few months. >> I tend to agree. I think my concern was is what I addressed to him too is just putting this up and not trying to have a plan to to do it really didn't help anything. But it sounds like that they've really talked about it and figured out since it was brought to us before about how to do it. I think that's a big plus for it. I think one of the one of the things that we really looked at and considered last time was the the claims that there were food trucks and bands and stuff and set up in the parking lot and you know just being a good neighbor to all the residences behind that is important. Um that was that was one of my concerns the first time it came up. The other concern is is a crosswalk or some some way to some thought into how to move people across the street. We we can't we can't tell you that you're going to have to put a fence in the front to to uh traffic people through through a through a zone. But, you know, that's up to you guys. But I think it's not a bad idea at all. However you do that, however you do that, it' be a good idea. So, I'm good. I'm good with it. >> Any other thoughts? >> Call the question. >> Okay, call the question. All in favor, please say I. I. >> All oppose say nay. >> Motion carries if I can count seven to zero. This will go to uh city council for their first readings on October 28th. Next case is item 3.2 two, which is zone case 3535. Good evening. I am Sam Bracken with the planning department and this is zone case 3535. The applicant is Abacus Engineering Surveying for Charlie W. Williamson. They are requesting a zone change from lowdensity single family district SF2 to Auto urban commercial district AC. The property is located west of Upland Avenue and north of 98th Street. 64 letters were sent out and we've received one in favor and two in opposition with no reason cited. Here's the notification map showing the in favor and opposed property owners. There is another opposition letter not included on this map but should be available to you on the dis. The aerial map shows residential dwellings to the west, south, and east with vacant agricultural land to the north. The surrounding properties are zoned lowdensity single family district to the north, south, east, and west. Here's another map showing commercial zoning to the north along Upland Avenue. The future land use map designates this area for residential land uses. Here's a picture of the subject property as well as views to the north, south, and east. The future land use map designates this area for lowdensity residential land uses. Although the request does not conform to this designation, it would be appropriate considering the site's location along a principal arterial street. Therefore, this request is in conformance with the comprehensive plan principles. The proposed zone change is in conformance with the zoning ordinance and will be appropriate at the proposed location. Due to commercial zoning to the north, the proposed zone change is compatible with the surrounding area and will not change the character of the existing development. The location is along Upland Avenue, which is designated as a principal arterial modified street by the master thoroughfare plan 2018. Staff has no objection to this request and I can take any questions at this time. >> Are there any questions for staff at this time? Okay, thank you very much. We'll now open the public hearing. Is the applicant or his or her representative here and wish to speak? Thank you. If you'd please state your name and address for the record. My name is John Sazinski with Abacus Engineering. Uh my office is at 273781st Street here in U. this property. The owner bought eight acres quite a few years ago and built the two houses in the back. I think one of them actually belongs to his son, but uh he only he only owns that 8 acres and this 5 acres more or less that is between the houses and the uh Upland Avenue are they would be almost impossible to develop just that small little piece as a residential development even if it was done. Uh it's worth a lot more money as a commercial property. And on Upland, it it just really doesn't make sense to try and do anything other than a commercial development. They're not planning on doing anything themselves. They're just wanting to get it zoned where they can sell it and they know they can make more money than selling it as a residential property. y'all have any questions? Um, that's pretty much the way it sits. >> Okay. Is there any questions for the applicant? >> Okay. Thank you. Is there anyone here to speak in opposition to this request? >> Yes. >> Again, if you'd state your name and address for the record. >> Once again, my name is John Kio. I live at 7315 93rd Street. Uh that's in a Regency Park uh subdivision right on the other side of Mr. Williamson's land that he's talking about. And the issue that we all have in the subdivision because I talked to numerous people and uh I know you sent a lot of letters out, but I basically found one who said they received the letter other than me. Uh the other issue is and reason people that make plans to come down here is a sign out in front of that property says for sale David Pal zone commercial. So everybody's assumption is is you've already zoned it commercial. So they're all worried now what's going to go in there. It says you know AC zoning. Well to you know a normal person what does that mean? You know, when we pull up on the website, and I talked to other engineers, it means any commercial operation, large or small, usually on a corner. On your website, you show no list of exemptions. So, everybody's sitting there wondering, you know, on that nice 5 acres, I could build a pretty good nice sports bar there and uh and play music out there on the back patio at night and I probably do pretty well. Uh the issue is too in our subdivision, there's only one exit out of our subdivision on the Upland right there on 93rd Street. So you got a big choke point. Every day on Upland on on the way to school, to work, that traffic's backed up two miles practically to 98 Street. You know, you either got to go early or try and go late to get out there where you don't have a big headache. Um, so you know that's just one of the issues. Uh, the other thing about it is is if you look there on 93rd Street, I don't guess you have a plat or whatever on 93rd Street. Okay, that's good enough where you got that buffer zone there in the black. All those houses on 93rd Street flood really bad when it rains. I mean, to the point water's up in their garage and you know, if it rains two inches, they got their pumps out pumping water out for probably three days before they finally get it out of their yard in their garage. Now, if you look and and you know, a good friend of mine, Mel Shook, built that first building out there off of Upland, that warehouse. But if you look at all these other buildings going up, they build them higher and higher and higher. So by the time you get down to us, those five acres, that plat that they build up to put a commercial building on there may be three feet higher than what we've got there on 93rd Street. And flooding is already a big issue on there along with traffic being terrible. And uh you know, and I'm sure Mr. Williamson would like to sell his land. He'll make more money. He's right. if you can get a commercial zoning, but you know, there's probably a reason it was always listed as uh residential because if you let somebody build any kind of commercial operation there, you know, one of the things I'm sure that he had talked about was maybe a some dentist or or medical groups put little duplexes in there and it wouldn't be that much traffic. Well, that sounds great until you sell it to somebody who can get double what they paid for because they want to put the sports bar there. They want to put another uh uh big storage building area there. They want to put another warehouse there. And the problem we have with that warehouse down on Upland is these 18-wheelers come out and they get stuck in the street and block off the road. We've even seen them cut across dirt and then go down a Westwood edition to a residential road because they've turned wrong. Now, I know they're going to widen that road to four lanes eventually. And you know, that'll take two years. I mean, they're across 82nd Street North, and that's already a mess. And I'm sure when they come to our side, it's going to be a bigger mess for two years. So, the one exit that we've got that's going to go out I mean, it's going to be hell trying to get it in out of there while that construction's going on and and we have no idea or no control who would build whatever they built next door to us. And uh you know, and once he sells a property, even though they may give him his word and he's sitting there saying, "Well, I got two houses right here. I'm not going to give anybody the right to build something that's, you know, going to be detrimental to me." But well, the problem is once you sell it and it's been zoned, too bad, you know, because the next guy he sells it to, he may decide that he can make more money selling to another guy who wants to build the sports bar there. And since he doesn't live there, he doesn't care. And you know, we're all stuck with that. You know, the people who bought that house on the corner at 93rd in Upland, they didn't realize how bad it flooded. It wasn't in the sellers disclosure. So I mean they are freaking out and panicked when it rains heavy trying to put a French drain there and that water all along Upland in that drainage ditch just goes into their yard the grass won't even grow. So you know our whole contention is too there are more people concerned but they didn't really respond because we thought it was a done deal. I mean, why is that sign sitting on that land that says for commercial use zoned? You know, that's kind of dissuading people from coming and giving their opinion. It's not just me. I mean, I went up and down and talked to everybody on the street practically and they all feel the same way, but most of them didn't have time to make arrangements. Somebody watched their kids or get off work in time. And uh you know, I I have no problem with a man trying to sell his land and make money. I mean, that's great. But the only issue that we have is once he sells it, if you zone it commercial, what are we going to have next to us? Plus, all that land, those plots are being built up and up and up and it's going to be considerably higher than us. I sat in the parking lot of that engineering building last night down there on Upland. Got out of my car and looked straight ahead and at about eye level, it was the bottom of the house, the roof. So that's just how much higher it is. And then this morning I drove by when it was light when I could walk out and it's about a drop off about 2 feet from where that engineering building is built down to that vacant farmland. So you know who comes whoever comes in is going to be building up theirs too. Well, you know that subdivision we're at you can't move it. You can't do anything different. We don't have drainage. We don't have sewage. We don't have water. you know, it was built before the city limits were out there. So, you're kind of stuck where you're at. And, you know, you've got that flooding on that side of the street, even on ours. And, you know, you just got to get your pump out and pump it. And, uh, you know, a lot of that rain water that washes through there, comes all the way through and comes down to Upland. There are times that when we have heavy rains that on 93rd and Upland, we're coming out of the subdivision. You're driving through water for two weeks and it's just beside not knowing what'll be built there and how much traffic and volume's going to come out and I mean it's not safe. Just like we were talking about the uh case before you know they're on 82nd Street. That's a real congested place over there. I mean it is growing fast. Everybody's expanding. Traffic's bad. You got that school up on 102nd in Upland and and it's a mad house every morning. It's a mad house at 3:00. It's a mad house at 5:00. And we don't need any commercial operations that close to us. It's going to cause a big problem. But um you know, and and not knowing any more than I know about zoning or any of the other people, I mean, that's just our concern. I mean, unless somebody could tell us something different how it's not going to be an issue, but you know, think of how many houses are in that subdivision and you come out 93rd in Upland and that's where you go and uh you know, I don't know what to say about him thinking he can get more money for it commercially. I'm sure he could, but you know, that doesn't do us any good. And and I don't think in the long run it do him any good cuz I'm still trying to figure out how he's going to get out to Upland or his street. I guess he'll go down an alleyway if it ever gets paved. So I I don't know what the rules are or how this works. I don't know what these buffer zones are right here on there, the black and the and the white. Does that just mean the area of people that are affected that could say something? >> Right. >> Right. Well, well, I assure you those people in that buffer zone, they're highly affected. And I mean, you know, you look at that subdivision across the street, the Westwood edition. I'll give you an example. A good friend of mine that works for United, he's a supervisor. He told me down there on 84th off of Upland on the east side, that there's a retired fireman there that they told him when they zoned that that he'd be able to tie into their sewer system. He thought that was great. And then when they built that up down there, he said it's about three foot higher from where their parking lot is back down to his land. And what he told him is, I can't attached to it because sewer doesn't run uphill. Now, I don't know whether that's true or not, but I drove over there, went in that parking lot, and it's about a 3 and 1/2t drop off into their neighborhood. So, I'm sure when they built that building the first time when it got zoned, that wasn't their intention. I wouldn't say it was anything facitious or malicious. You just get in there and start building and think we've got to build this up and you know we're going to try and come up with an alternative. Well, that doesn't do the subdivision back there any good. You know, just like it won't do us any good over here. I mean, I know you're trying to predict the property owner's rights and his right to sell it, make money. I get that. But, you know, you need to think about our rights as property owners there that we can't move. We can't pick up our houses. We can't leave. You know, it causes another big flooding issue. We're out of luck. And uh I just don't see any need to allow to to have a piece of commercial property there or commercial operation. I mean, you got subdivisions, you know, housing all around that place. And that code, you know, what it says on your website is it's basically for corners because you can put small and large operations on there. And and I guarantee you, I've talked to my lawyers and they said once it gets zoned, you have no recourse. You know, anything that is allowed to be built there will be built there and you can get mad and and happy in the same day that you woke up. So that's why we don't want it zoned that way. And um you know, I'm just not sure how that works for you guys, but but like I said, you know, we our male out there is rural. We don't even have regular mailmen. So, you know, sometimes we get mail, sometimes we don't. But, uh, you know, there are numerous people who are not happy with that happening. And, you know, that's why cuz like I said, I mean, can anybody tell me how that's going to work with us having one exit out of the whole subdivision, you know, to go to Upland and then you have some kind of commercial operation next to you? God forbid it's another warehouse that's got trucking come out of it. you know, you take your life into your own hands and uh you know, so like I said, we're you know, we're not forward unless somebody can tell us something different. So that's that's all I got to say, but there'd be more people speaking if they didn't thought this wasn't really already zoned. I I didn't like the way they did that. >> Thank you. >> Thank you. >> Is there anyone else here to speak in opposition? Okay, seeing none, we'll close the public. Oh, I guess we need to ask is there anyone else wishing to speak in favor? Seeing none, we'll now close the public hearing for a matter of discussion. Do we have a motion? >> So move. >> Have a motion. Do we have a second? >> Second. >> We have a motion and a second. Discussion, man. I I grew up around this piece of dirt kind of in Westwood across the way. And to this gentleman's point, that does flood 24/7. But I also think even if that was houses, we're still going to have to build it up. Still got to be built up. I don't think that if that was residential, you're I've driven into your neighborhood a thousand times. My kids grew up right there. But that's going to flood no matter what. And if they put houses there, it's going to flood no matter what. So I think that's kind of irrelevant. If I was picking a zone for this, it would be neighborhood commercial, not what we used to call C3 uh auto urban, which would be a little bit less >> right. That's kind of my thoughts at first, too. >> Yeah, I'd agree with that. Whatever whatever they build on there, you know, rooftops and driveways going to make your flooding worse. So whatever whatever happens there commercial or something else >> what's the build up on a residential house compared to a commercial >> we've public hearing parks closed >> yeah I yeah you got me I don't know but >> I can give you the answer it's the same it's not going to matter they got to get it out of a flood plane so >> yeah that has that has everything to do the engineering of but >> what whatever whatever you put there is going to make the land impervious so it's going to flood it's going to push water someplace else. Uh, but I'm with I'm with Robert. I think I think going all the way to auto urban commercials is too far. And I would I would rather I would rather see neighborhood commercial may be too much. I'd rather see something like duplexes or apartments at the most. I mean, I know that there's commercial north of it, but >> I mean, >> Kristen, what is the commercial north of it? It's It's heavier. >> Yeah. >> Mhm. >> It is. But but I mean >> I mean I'm just trying to get to say because originally that was built kind of out. >> I mean >> yeah the the gray zoning along Upland is industrial park so it's actually industrial. The purple is heavy commercial. The red is auto urban commercial and the pink is neighborhood commercial. >> Right. And just as y'all are discussing, if there is a district that is more restrictive that you feel is more appropriate, such as neighborhood commercial or office or high density residential, you can amend the motion on the table to a more restrictive district >> even though that they requested higher one. >> Correct. But you do have the authority to approve something more restrictive or you can vote on the request or you can vote on the request and if it fails and there is a different motion to bring forward for a more restrictive district you can do that as well. >> So we so we can vote for like garden office there. >> Mhm. Office. >> Mhm. What if the the uh >> leaving the office he just pulls the request alto together? But in gardening office >> if y'all if you do something more restrictive if you go into something more restrictive and the applicant doesn't want to do that then I mean his what he would have requested would be considered denied and he could withdraw then his application after y'all vote for the more restrictive zoning >> and if he likes it he just keeps it going council. Yeah. >> And but still I mean even with commercial The whole theory of this is the whole theory is supposed to work to where you have a buffer zone between heavy commercial and residential like this and and and office isn't it and I don't know what's a better fit but I mean if it was me if I was going to suggest a district it would be it'd be like high density residential put some apartments there put some duplexes there something that buffers the the heavy industrial north of it, but not but not a not a a business right up against it in the middle of a in the middle of a a square, you know, nowhere near a hard corner. So, I'm a no on I'm a know on the proposal as presented. I could be persuaded to a different district, but >> I I like the neighborhood commercial. Uh, you know, we all live in neighborhoods and usually in the front there's, you know, get your haircut. I think you'd have less traffic with neighborhood commercial than you would an apartment complex. Plus, it would be single story rather than potentially threetory looking into these people's backyard in this. >> Yeah. >> Where that tennis court is. >> I mean, I can So, I need to make the motion. >> Yeah. Oh, sorry. I have to make a motion to amend it. I would like to amend the motion to neighborhood commercial. I don't know if we need to ask John if that works or not works or >> do you have to check? I >> I got it. Which one's more restrictive? Office or neighborhood? >> Office. >> Office is more restrictive. >> Then I would >> office that area better than neighborhood commercial. >> Better if if if we're going to do that. I'm not I'm not sure. I'd go with neighborhood commercial. >> Okay. You know, there's there's that engineer's office. >> Yeah. Because you get if you're going you're going farther north on the opposite side of Upland. That's what we had a lot of other offices there, too. Correct. >> Yeah. >> Right. The blue is office zoning. >> Yes. There's that engineers office just north of this. >> That's center line. Center line engineering is right there. >> Would a building like that work in an office zone district? >> Yes. >> Okay. So, do we amend it to office? We do neighborhood. Do >> we just need to let him make the motion to amend? >> Yeah. So, he would he would move to amend the motion because the current motion on the floor is the motion to approve for. >> So, then we vote to >> So, motion to amend the motion. >> Makes an initial motion. And if and if whoever seconded the original motion, if they're good with that, then um who made the original motion for >> Robert? Robert. >> Robert. Okay. So, um yeah. So, you can you can actually change your motion completely since you're the one who did it. And then whoever seconded, if they concur with it, they would second it and then you can go straight to that motion. >> Okay. Make a motion we go to of office in this case. >> Who originally seconded it? I did. >> So, are you willing to do you second that one? >> I'll second that one. >> Okay. So, we have amended the motion to reszone the case from neighborhood auto commercial to office. >> That's right. >> Okay. Now, we're voting on the amendment. >> No, you're Yeah, you're voting. This is voting. If you vote it, this will be voting it for office. >> We're voting We're voting. This is This You're voting for office. >> Yeah. We only have one motion on the floor. >> I got you. >> So everybody understand that we took we took >> it off. So we're just saying vote for it for office. >> And the understanding is if we do this the applicant does not like it, then they can withdraw their motion or >> they withdraw their application. >> Yeah. >> Okay. Any other >> If it passes, then you're done with it. >> Okay. Do we have any other discussion on it? Does everybody understand where we're coming from on this? Okay. So, what we're doing, we have a motion and a second to approve this as office zoning. So, everybody's ready. We'll call the question. Okay. All in favor of changing the zoning to office say I. >> I. All oppose say nay. >> Nay. Can we have a show of hands? >> Me and Renee. >> Yes. >> So, it was just the two that said, >> two in opposition. Okay. >> Yeah. So, passes 5 to two. This will go to the city council on October 28th, 2025 at 200 p.m. With that being done, there is no further business. And as of 6:45, we are adjourned. [Music] [Applause] [Music]