Heat. Heat. Corporation. This is a request for zone change from light industrial district to heavy commercial district. The property is located north. Nine notification letters were sent out and we received no response. Here's an aerial view showing light industrial and commercial properties to the north, east, and west, and southeast of 289, and vacant land to the south. The current land use map shows light industrial zoning to the north, south, east, and west. The future land use mapped as a property for commercial use. Here's a picture of the subject property facing north as well. views to the south, east, and west. The future land use maps designates this area for commercial land uses. The proposed zone change to heavy commercial district conforms to this designation. The future land use apologize. Uh the proposed zone change is compatible with the zoning ordinance will be appropriated at the proposed location is currently zoned light industrial property. The request change to The more restrictive commercial designation remains compatible with the surrounding area due to a mix of light industrial and commercial use properties within 400 ft of the subject property. The subject property funds southeast loop 289 with additional access from east Sllayton Road. The master throw plan 2018 designates southeast loop 289 as a freeway and east Sllayton Road is a minor arterial street. Freeways are intended to move high volumes of automobile traffic at relatively high speeds over long distances while arterial streets are continuous routes whose function is to serve high volume needs of local traffic and regional traffic. Staff has no objection to request. I can take questions at this time. Any questions for staff at this time? Thank you very much. We'll now open the public hearing. Is the applicant or his or her representative here and wish to speak? I'm representing. Is there anything you would like to add to this? >> Okay. Thank you. Is there anyone here to speak in opposition to this request? Okay. Seeing none, we'll ask is there anyone else wishing to speak in favor? Okay. Seeing none, we'll close the public hearing for matter of discussion. We have a motion. So move second. >> We have a motion and a second. Is there any discussion? Okay. No discussion. We'll go ahead and call a vote. All in favor, please say I. I. >> All oppose. Nay. Motion carries. Eight to nothing. This will be going to the city council for final hearing or for the first hearing on March 24th, 2026 at 2 p.m. Next business we have is item 3.2 zone case number 3553 just the red one refuse from this case. >> Good evening board. Hi, I'm Sam Rake with the planning department and this is zone case 3553. The applicant is Park Hill for Baxter Trusts. They are requesting a zone change from low density single family district SF2, medium density residential district MDR, neighborhood commercial district, and auto urban commercial district AC to SF2 and AC. The property is located west of Indiana Avenue and south of 114th Street. 45 letters were sent out and we received 30 in favor and zero in opposition. Here's a notification map showing the 29 in favor property owners. There is also one in favor that is not on the map but should be available to you on the dasc. There is commercial commercial development and undeveloped vacant land to the west and residential development and undeveloped vacant land to the south. To the north and east is undeveloped vacant land. The properties to the north are zoned lowdensity single family district SF2 and auto urban commercial district AC. The properties to the east are zoned SF2 neighborhood commercial district NC and AC. The western properties are zone SF2 and NC. The properties to the south are zone SF2, medium density residential district, MDR, NC, and AC. The future land use map shows this area for commercial and residential land uses. Here's a picture of the subject property as well as views to the north, west, and east. Here's an exhibit provided by the and showing their requested zoning. The future land use map designates this area for residential and commercial land uses. The southernmost portion of this request conforms to the residential designation. Although the two northern portions of this request and not fully aligned with the comprehensive plan principles, they would be appropriate due to their location along an arterial street and proximity to the retail node at 114th Street in Indiana. Therefore, this request is in moderate conformance with comprehensive plan principles. The proposed zone change is in conformance with the zoning ordinance and will be appropriate at the proposed location. The proposed zone change is compatible with the surrounding area and will not change the character of the existing development. The location is along 114th Street which is designated as a minor arterial street and 116th Street and Louisville Avenue which are designated as local streets by the master thoroughare plan 2018. Staff has no objection to the request and I can take any questions at this time. Is there any questions for staff at this time? Okay. Thank you very much. will now open the public hearing. Is the applicant or his or her representative here and wish to speak? Come forward. Please state your name and address for the record, please. I'm Alan Holling with Park Hill. We are at 4222 85th Street and I do have the development behind me here. So, uh yes, we are looking to rezone mainly the the properties up against 114th Street to AC. We feel like that is more line with the type of corridors that those are being higher intensity uh you know roadway and um and so we felt like the AC would provide a much broader range of uh uses uh that we could bring in that would draw in then more taxable valuations. And so, uh, that is that. And then the SF-2, uh, zone property is really because we are, um, basically got an a a revised cut and field plan that aligns with that SF-2 zone limits of the property. And so, we felt like those are very uh, compatible with the area. And so, anyway, we're here to answer any more questions. >> Thank you. Does anybody have questions for the applicant at this time? Okay. Thank you very much. Now, we'll ask is there anyone here wishing to speak in opposition to this request? If so, please come forward. Okay. Seeing none, we'll ask if there's anyone else wishing to speak in favor. Seeing none, you want to come in? Okay. >> I just want to introduce myself. I'm Andy Bean, uh, 12203 Quaker Avenue, developer of the project with Loveland Company. Available for any questions. >> Okay. Andy, while you're there, what what are the plans? What are you planning to I know you looking auto commercial, but >> Sure. >> What are you What are you looking to put in there? >> Well, I have an answer for you. >> May I pass off? >> You sure can. I'll let y'all look at that for a second and then explain it a little bit. So, as Alan said, uh we've got an approved Cupville plan. So, the green part that runs east and west um that separates the residential from this commercial. We're here uh asking for a zone change will be a overflow PIA lake. Um and that's the cut area. And then we would fill this this area along 114th Street uh for auto urban commercial zoning. Um, again, we're the developer of um, Hatton Place in Brook Heights. That's just south of this area. This is the north end of Hatton Place where we've got over 500 homes. Uh, we've been uh, preserving this north end for commercial as Rooftops Drive Retail and we believe this will achieve the highest and best uh, use of the land that you're looking at the zone case on tonight. Um, again, we've met with the adjacent land owners and um have their support and excitement for the project. And I will kind of point out a few things about the plan that you're looking at is um that we are focused on walkability and pedestrian connectivity. You'll notice a pedestrian bridge that can get the users to the south uh to the site as well as vehicular traffic uh is also a focus where we'll have a vehicular bridge off of 114th Street so that cars can get uh back and forth to the different uses uh that would be allowed in auto urban commercial such as uh the junior anchors that we show on the east that could be a specialty ger or a pet store or a drugstore. store. Uh there will be office that will be mixed in to this plan uh that will be walkable to restaurants, both drive-thru and sit down. And again uh I guess lastly is just to let you guys know is to uh to ensure and maintain the aesthetics and the uh long-term value of the development. We will have a commercial association in place uh for architectural approvals, development standard oversight and maintenance. So Scott, >> thanks. Thank you, Andy. That was nice. Anybody else have any questions for Mr. Bean? >> Okay. Thank you very much. We'll now close the public hearing for a matter of discussion. Do we have a motion? >> So moved. >> Second. Second. >> We have a motion in a second. Is there any discussion at the DIS? Yeah, that's, you know, as as you focus on these residential areas and and how commercial creeps down the creeps down the block away from a hard corner. >> Mhm. >> That's a lot of that's a lot of auto commercial or auto urban down the street. I don't know it's necessarily a huge problem, but it is a lot. >> Well, yeah, it is. It's one to do. I know that >> I mean neighborhood maybe but u >> I think one of the saving graces though is the having the overflow the drainage all that in between the two to separate them out helps a little. >> If if it wasn't for the I I I would ask more questions if it wasn't for the the revised cut and fill separating >> question. Yeah, I agree with you on that. I'm good with it. >> Yeah, I think due to the mixeduse nature of the proposed development, the use I think is just to to be able to accommodate all those different individual uses is why the auto commercial makes sense. Also, there's great buffering like you already mentioned with that drainage uh cut on the north side and you have cottage offices proposed and then you have I believe town homes or duplexes there as the first layer of residential. and you'll have apartments and so I think that transition works well as it works north or excuse me is that south >> south >> as it heads towards the neighborhood >> and then of course you've got on >> well I mean it is >> with the commercial with Indiana so that makes sense there >> I mean even though the zone case doesn't include it looks like the development extends behind the 1921 the the country club and some other stuff I mean it it takes in a lot more land than in the zone case Right. I think I think it's good. Any other discussion? If not, we'll go ahead and call the question. >> Robert, did you have a question? >> No, sir. You ready to Okay. Okay. All in favor of zone case number 3553 say I. I. >> All oppose. Nay. >> Motion carries 8 to zero. Again, this will go to city council on March 24th. Thank you. The next case we have is zone case number 3.3. Excuse me, item 3.3, zone case number 316G. This is zone case 316-G. The applicant is R2M Engineering LLC. They are requesting a zone change from office district to neighborhood commercial district NC. The property is located east of Upland Avenue and south of 98th Street. 66 letters were sent out and we've received zero in favor and 18 in opposition citing reasons such as traffic safety and property values. Here's a notification map showing seven opposed property owners. We have received three letters not reflected on this map. There are eight letters from outside of the notification boundary and there should be 14 letters available to you on the dis. The aerial map shows residential dwellings to the north and south and vacant land to the east and west. The surrounding properties are zoned lowdensity single family district SF2 to the north and south office district of F to the east and to the west neighborhood commercial district NC which was reszoned from SF2 and OAF in August 2025. The future land use map designates this area for commercial land uses. Here is a picture of the subject property as well as views to the north, west, and east. Here's is an exhibit provided by the applicant. This slide serves to address some questions discussed at the previous hearing of this case such as setbacks and buffer yard requirements, required landscape surface ratio, and the parking ratio for any retail use. The future land use map designates this area for commercial land uses. The request conforms to this designation and would be appropriate in this location. Therefore, this request is in complete 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. The proposed zone change is compatible with the surrounding area and will not change the character of the existing development. The location is along 98th Street which is designated as a principal arterial street by the master thoroughfare plan 2018. Staff has no objection to this request and I can take any questions at this time. >> One question. Did this did come to us a couple months ago and it was voted down. Is that correct if I'm recalling correctly? >> Yes, sir. >> Okay. Thank you. Any other questions for staff at this time? Okay. Thank you. Now we'll open the public hearing. Is the applicant or his or her representative here? Please come forward and state your name and address for the record. >> Uh, good evening. My name is Bryson Mirhead, uh 1615 West Woodard Street. I'm here representing Cross Development, working with R2M Engineering on the reszone efforts for the 98th Street property. Um I'm happy to answer any questions at this time. I also have a few slides prepared to address some of the community concern during the January meeting. So I can go into that now or happy to address any comments. >> Yeah, go ahead and do your slides if you got them and we can see if we got questions after that. >> Yes, sir. So, first and foremost, um this property was chosen exclusively because of its conformance with the future land use plan. Um no ill intent towards any community or neighborhoods in the surrounding area. This was uh this was chosen because it was in keeping with the future land use plan. That was the the biggest biggest reason for pursuit of this property. Moving along from there, the uh seemed like one of the biggest concerns from the community was the traffic. Um I would like to speak to that a little bit. Um there's a few different retailers that we work with. Um there are a few that um we've honed in on for this one. Um believe some of that was discussed during the last meeting. So we did get some direct uh numbers data from the proposed retailer here. Um that is that they they see 25 to 35 cars in one hour um at their peak hours. They do not anticipate additional traffic other than that. The reality of of the retailers that we work with is that um they operate off of existing traffic patterns. They aren't looking to pull in outside areas, people from uh from surrounding territories. They're after the the communities that are at that immediate location. So, it's not going to be increases in traffic volume. It's going to be working off of those commuters that are already traveling to and from 98th Street. And uh one of the biggest items that we wanted to clarify, which which we hope this this helps kind of provide some context, we are in a shared access agreement with the neighboring property. There will be zero points of access or any way to enter and exit from the neighborhood behind the property. The entirety of the property will be walled off. It will um it will not have any any way to have any of the customers or the residents enter or exit through that alleyway. So, the only points of access will be from this 98th Street um depiction that's that's shown on the slide here that will be serving the master part of the development that's going to happen to the west of us as well. So all of the future growth will come in and out of this of this point of access. So that's uh that's display is going to be or excuse me I provided this slide just to show that there is no way that there's going to be traffic coming in and out of the neighborhoods unless it's neighborhood residents coming to the property itself. So there should not be any risk for child safety the you know neighborhood any residents there there will not be traffic to and from the the rear of our property. again speak speak to that a little bit more here. Um on site safety um again I mentioned that the the traffic patterns are existing demographics in the in the localized area the localized population. It's uh it's not something that's going to be um increased from people outside the the immediate area that this this property exists in. Um the the let me see here. So I know one of the mentions in the last meeting was the crime. Um I do want to briefly speak to that our again it boils down to existing population. Uh I think in the last meeting it was said that this is one of the safest areas in Levik. That's great because that means that it's going to stay that way. Um simple as that because we are after the customer base that exists at that location. Um we don't have any data showing the crime rates would increase based off of the development of our retailers that we work with because of the fact that they are influenced by who was already there. So, if it starts a low crime area, it's going to stay a low crime area because we're not bringing in outside populations. See, uh I think I kind of already touched on this, but um this is basically saying that we will prevent any access from the alleyway. Um see, make sure I didn't miss any any points here. And we plan to fully conform with the city standards and the requirements that are set forth in the building code, meaning that um anything that the city puts in place that uh will add to the safety, the aesthetics, the development of this property will all be in keeping with the code. So, we will not violate any of those um any of those ordinances. Um fence and landscaping will eliminate the ability for customers to access the alley and residents um to the rear of the site. And um again that would mean you know children the neighborhood they're not going to have open access. So it will be it's a it's it's kind of a separate location. Let's see. And lastly we don't have a ton of data on on value and appearance but historically new business generates new growth generates new demand. We don't have any any proof that it is going to lower property values. Again, this is the exact same zoning that already exists directly to the west, adjacent to our property. So, the entirety of that is already planned to be developed. There is going to be commercial all the way to the west of us. So, this is going to be a commercialized area. And this is basically just seen as an extension of that. So, the the overall growth, it's going to entice other retailers. It's going to want uh it could attract more desirable businesses. We don't have any reason to believe that this would lower property values. Again, don't I don't have any hard data on that, but we also don't have anything indicating that it would lower property values. So, um hope this uh provides a little bit of context. Again, the biggest thing for us was wanting to clarify the access here. There will be no way for people to come in and out of the neighborhood. The uh the shared access will be the only way to enter this property. So, pretty short here. Um any questions at this time? >> Any questions for the applicant? No. Okay. >> Thank you very much. >> Thank you. >> Is there anyone here wishing to speak in opposition? If so, please come forward. State your name and address for the record. >> Good afternoon everybody. Good to see y'all again. My name is Dennis Humble. I live at 7024 999th Street and we're I very much oppose this for I don't think these guys can count very well. There is a traffic problem and it's just part of the growth because west of Upland uh 98 Street has been opened up. Then you have the school every morning, every afternoon there's traffic coming north on Upland there's a four-way stop and so the timing of the cars is real close. So, it's it's a problem. Traffic really is a problem and this will add to and we bought that house with a pre, you know, they told us it's going to be garden offices. So, that's what we want it to stay and I appreciate your time. >> Thank you very much. Is there anyone else wishing to come forward and speak in opposition? Again, when you come forward, please state your name and address for the record. Um, hi. My name is Becca Sanchez. I live at 704299th. I'm the second house directly behind the property in question. Um, I also have a petition here with we had about 50 signatures last time and have over 70 this time. Um, so we are still highly in opposition of this. We don't want it in our neighborhood. Um, we don't want that office space to be changed to commercial. Um, there you go. Thank you. Um, this has been brought to y'all. Y'all, uh, voted to oppose it, which we appreciate. The points haven't changed. A 7 foot fence for a Dollar General. It might be good for a year or two. It's going to deteriorate. You go to any Dollar General in this area in Levik, they don't maintain their properties. They don't. Everything around them is deteriorating. their fences are falling down. We have pictures. Um they don't maintain their property and that's going to be in my backyard. And so maybe it'll keep people out for a year, but in a year when their fence starts falling apart, it is directly open to my alley and I we don't want it. Um one thing that's very frustrating is that we've already rearranged our schedules. We've gathered information. We showed up. We voiced our concerns. Y'all voted against it. A decision was made and it feels so dismissive of our neighborhood for y'all to go ahead and put this back on and to do this again. Um I don't know if that you thought we wouldn't show up again, but you're wrong. Can everybody in our neighborhood that's here opposing just raise your hand? And that's a small portion. Um so we um like the previous speaker said, we bought with the expectation that this was going to be office property behind our houses and we expect it to m to remain office properties. Um, I don't want my kids out playing with the increased traffic. And I know he says there won't be increased traffic, but people will go through our neighborhood on Rochester to to the access to get to the access so they can avoid Upland and they can avoid 98th. Um, they will be going through our neighborhood from 103rd through Rockchester up to 98th. Um, it already happens with school traffic and that's fine. We keep our kids safe during the school hours, but in the evenings, it's nice to be able to let them be out there and playing and feel like they're in a good, safe, protected area. Um, we're not opposed to thoughtful development. We're opposed to incompatible development and we're concerned with the proposal that was already rejected and being brought back unchanged, asking residents to fight the same battle again. Um, I've also spoke to our city council rep, Dr. Wilson several times on the phone. She's also in opposition and gave me permission to say that as well. Um that she would vote against it in the city council meeting and we've also emailed many city council almost all the city council uh members and many emailed us back saying we would vote against it. It's too close to our homes. Um there's many Dollar Generals in the area. There's a Walmart down the street. We do not need this. It needs to remain office, not commercial property. So, thank you. >> Thank you very much. Anyone else wishing to speak in opposition? Hey everybody again. I think it was like two to three weeks, not two months, but either way, we're back. We'll continue to show up. Um, so real quickly, um, just kind of want to go through a few things. My name is Shelton Lola. I'm at 69482nd Street. I'm here tonight to urge you to deny the request to reszone, uh, the property in question. Um, from office to neighborhood commercial. We purchased our home with understanding that the office zone zoning on this lot would act as a quiet professional buffer of our neighborhood. Reszoning us to commercial, specifically a Dollar General, shatters those protections. Right? While we're concerned about traffic and property values, our primary concern is public safety. Right? There are many I don't know where Steve got his numbers from but there are many published studies that I can get for you guys uh for for the record that is peer-reviewed and it shows that opening dollar stores associate with a substantial surge in violent crime spec specifically robberies in the immediate area right so it's it's just it's an overflow effect from what co goes to those kinds of stores the study proves that the businesses are often crime magnets due to their thin staffing model and high turnover nature. This isn't just a concern about what happens inside the store. The research highlights a spillover effect onto neighborhood streets and sidewalks. This res by reszoning this property. You aren't just adding a store. You're importing documented safety risk into our front yards and quite literally some of ours back. I mean, it's closer to me to you than from her garage to where they want to put this fence. So, that's just not acceptable, right? We should not be forced to accept an increased risk of crime for retail use that we didn't ask for nor need and that provides no benefit to the community. That that that's there, right? Um, furthermore, changing this to neighborhood commercial allows for 15 hours of operation a day, 7 days a week. Brings 18-wheeler delivery trucks and bright lights into parking lots into spaces currently designated for low impact daytime office use. The role of the council is to protect the stability and safety of our existing neighborhoods. You're the gatekeepers, right? Like we can say we know all we want. It really comes down to you guys, right? So, uh, don't trade our safety and our property values for a development that offers nothing to the people who actually live there. Please maintain the office zoning and go there. Thank you. But one last thing, and it's something that the dude told me a long time ago, follow the dollar, right? So, I'm not a real estate agent. I don't know much about land value. Barely pay my own mortgage. But I do know that the current zoning is a lot cheaper than commercial. So, let's call it what it is. They're trying to buy a cheap property, flip it over into commercial, and put whatever they want there. We don't want it. We don't need it. They If they want commercial, it's less than a third of a mile down the road. It's all there. Why are they specific on that piece? Because of the price. They bought cheap land and they want to shove somewhere where it doesn't belong. Stop. Just stop. You waste all of our time. >> I mean, I know you need to come here. >> Excuse me. Please direct your comments to us. Let's do your comment, too. >> That's fine. But I'm just saying like that's all what it is. You guys have great >> Thank you. Is there anyone else wishing to speak in opposition at this time? >> Please forgive me. My name is Mandy Madden and my address is 7034 101st Street. Um I live two streets away from where the proposed zone chain change from office to neighborhood would take place. Um strongly opposed to it obviously. Question for you. You don't have to answer it. Would you like to walk into your backyard and see a Dollar Tree Dollar General in your backyard? Literally that is what they will be looking at. Um talking about the traffic real fast. They're about to start working on Upland. They're about to start expanding it into four lanes. Whenever there was whenever there was traffic and they were working on that area from of Upland and 98th Street, it was a mess and we had cars cutting through our neighborhood constantly to the point where we thought we needed to come to the city to say, "Can we put speed bumps in because people were flying through the neighborhood." Um, from the beginning, our neighborhood has been a very tight-knit community. As you see, everyone talks about the '9s right now. That's what our neighborhood is. Yesterday, I had four different kids ringing my doorbells, doorbell, ranging in ages 9 to 13, wanting to play outside with my kids. Often after school, our kids go outside and don't come back in until the sun goes down and the street lights come on. Y'all might remember those days. When you drive around our neighborhood, you see children riding bikes, scooters in the streets and alleys, k and alleys, kids playing ball with friends, often leaving bikes, toys, and scooters everywhere. Mr. Wood. You probably saw it with your daughter living in our neighborhood a couple years ago. Parents feel comfortable allowing this level of freedom precisely because traffic is minimal and the area is overwhelmingly residential. Increased commercial traffic, delivery vehicles, and unfamiliar visitors would directly threaten the sense of safety and fundamentally change how families are able to live and enjoy their neighborhood. The resoning would significantly alter the character of the neighborhood, which is currently residential in nature and designed to be quite quiet, safe, and familyoriented. With the change from office to neighborhood commercial, it would also open the floodgates for other large businesses to open along the stretch of 98th, meaning tons of semis, more traffic, and an increase of people. There are currently three Dollar Generals within three miles of our house, north, east, and west. I did that backwards, but you know what I mean. Um, there's also a Walmart, a Dollar Tree, and a pack of sack right on the corner. The demand for a Dollar General is not there. My final point, I called today and spoke to two different managers at two different Dollar General locations by our neighborhood. Each manager stated they get an average of 10 truck deliveries a week. during all hours of the day. Yes, Dollar General may only have one to two delivery from their distribution center. However, there are many vendors coming in. Coke, Dr. Pepper, Red Bull, Lays, Pepsi, Bread Companies, etc. Semi-truckss that come and each will deliver two to three times a week. This is directly from the manager of the two stores right by our house. That's 14 deliveries on average a week. Sometimes when these trucks arrive, the store is closed. I was told the trucks will park in the parking lot and sleep overnight in the Dollar General lot. This is our backyard. So, circling back around to the '9s, we want our children to run around our neighborhood as they have with no worries. Bikes, scooters, and balls all on the lawns. Please help us continue the '9s way of life in our neighborhood. Thank you for support and opposing this zone change. >> Thank you. Anyone else wishing to Excuse me. Anyone else wishing to speak in opposition? >> Good evening. My name is Deborah Hart. I live at 70269th Street. I'm here in opposition. I won't go in and repeat everything that's been said. I'm in total agreement with it. But I did want to point out the case right before us um with the developer. What is it? 3553. Anyway, um yeah, 3553. You had concerns about the residential being close to the commercial and you were good because there was a buffer that being the pile lake. We have nothing like that here. So, I want you to please consider that. It is too too close to us. Thank you for your time. >> Thank you. Anyone else? >> Good evening. My name is Tanya Ward. I live at 10304 Saratoga. I'm actually on the south end of the development. I don't the only thing that I needed or wanted to add to what was said um last week we had our HOA meeting and the developer Mr. Thomas Payne who owns the ridge development stated to the people that were in the HOA meeting that he very much opposed this zoning change and his words were the lot is not deep enough for commercial development. So, I just wanted to share that with you. Thank you. >> Thank you. >> Anyone else? >> Hi, my name's Clyde Field. I live at 7040 99th Street. Earlier this year, I saw somebody out across the alley there and they were taking soil samples. So, I went and asked them what they were doing and they were doing soil samples. I said, "Well, who's going in here?" And they said, "It's going to be a Dollar General." First thing I did was drive around town and look at the Dollar Generals. Nothing that was said that they'll do has been done to any of the others. um trash containers, no fence. Uh ever since we moved into this subdivision, HOA, they talked about the garden offices. So that's kind of what we expect. Um another thing, uh 30 days ago, y'all voted this down. Why Why would you vote for it now after you voted it down 30 days ago? Thank you. Anyone else in opposition at this time? Okay. Not. We'll ask is there anyone to speak in favor? Just to um add a few points to this. Want to be clear that we work with a number of different retailers. Um there has been one in particular that has been brought up multiple times this evening. We do not have any confirmation any approvals until we have entitled properties and that entitlement involves this this reszone. So we don't have any any set in stone plan with any particular retailer until we have a property that can be developed. Right now this property can't be developed with with any of our users. So there there has been murmurss clearly. Um we have worked with some of the retailers mentioned that is not a confirmed plan. So, I I want to be clear, this is about a reszone, not about regulating businesses who who can come into the the area. Um, to to build off of that a little bit, the reason that we brought this back up is is because we respect the community. We were completely caught off guard in January because we had city support. City said this was in keeping with their future land use plan. We had spoke to members that had said, "No, this is not a problem." So, we did not think that we that we even needed to address some of the concerns that were raised by by these community. Please address. Um, so with with that in mind, that's that's why we wanted to bring this back up. We wanted to to show some of these exhibits. We wanted to show where this driveway was going to be because that context wasn't there during that initial meeting. So this is out of this is out of respect. This is out of add more context and this is to make clear that we don't have a confirmed tenant. So the the future user should not have bearing over this reason. That's that's all I have to say. >> Can I ask a question? >> Yes, please. Have have y'all met with them to see if there's a middle ground that y'all could have worked on? We >> we have not had direct meetings with with the community. No. No. >> Thank you. Anything else? Any other questions for >> Okay. Thank you very much. Thank you. >> Got one more. >> It's in the letter that is a Dollar General in the packet. >> Yeah. So that's it's in the packet. So we know and they all sort of >> again address. >> Sorry. Sorry. Um so one thing that I I want to let everybody know I did do a records request because an open records request on the property right for back to the beginning of time to see all internal communication between these guys in the city and and everything else. Um because again we were kind of taken off guard. We thought this was you know already put to bed last time. So, um, but I do want to get all the all the information and I submitted it the day that we received notification that same day and that was 9 days ago. So, I have till tomorrow before the city gets me the rest of the records. So I do want to request that if you are going to vote yes for this, please let's just postpone this until we can get all those records to where we can review it properly and get representation on this because again there's the community doesn't want it. It doesn't matter what the retail it is it we don't want it there. So it's not that even if it's just Dollar General. So, but I just wanted to let you guys know if you are going to vote it, please let us finish getting >> I understand and if if y'all will all understand alls we do here is we make a recommendation and one of our deals is not to look at what's the business is the proper zoning. We make the recommendation to the city council and then the city council has the final say to it. So, >> you know, we vote we can vote 07 and they could vote for it. We could vote 70 and they could vote against it. So, you know, whatever happens for either side today after we go through it goes to city council and then it's on nurse. >> I'm familiar with that, but at the same time, it just was already shot down once before. That's not >> Okay, we'll close the public hearing at this time for matter of discussion. Do we have a motion? >> So, move. >> Have a motion. Second >> discussion. And I know that being said about our vote, the city council vote, I do thank everyone for your passion and that you are here and telling us, you know, how you feel and giving us those viewpoints. Um, I personally feel like we are just doing the exact same case that we just did. And so my vote hasn't changed. Um, and I think unless we brought back and you have maybe met with the neighborhood, try to work out something that works for both of you because I do believe there's there property is going to be used. Um, and I do believe that an office garden would be great, but that's not my place to tell you what to put in there, but I do think maybe y'all could work out something if you would just work together. So, >> thank you. >> Any other comments? I think on my side, I drove by this property not knowing a few weeks ago that it was coming back. I do have a question. Did it actually go to council or >> No, the applicant withdrew before it went to council. >> Um, and I, you know, a lot of people that know me would never say that I'd agree with Thomas Payne, but I do think this this this piece of dirt's a little shallow for a project like this. I also do realize that it could be zoned commercial very easily regardless of what's going here. So, I'm kind of on the fence knowing it, but it is it is a shallow piece of property with the drainage easement that's in front of it that takes so much space to even get in park. I mean, I I think if you zone it like this and they have to have a massive amount of parking spaces, it's not going to fit. And maybe y'all have a site plan that says that. I don't really know. Um, so that that would be my major concern more so than even the neighborhood problems. I just think it's a it's a very busy place in a very shallow spot. >> Kristen, wasn't this not necessarily the same property, but wasn't it a little farther to the east at one point? Wasn't it being looked at being zoned for uh warehouse I mean storage units >> at one point? >> Not this. I don't think it was this one. I think I know >> not this one deal farther east. >> There was an area further east that was reszoned for self storage facility. >> Okay. I'm just going back to thinking over the years with where it was. >> Okay. Any other comments from the commission? >> I I also drove it and felt the same. It seems like a very shallow lot for that type of a of a business for any kind of business. Honestly, >> do we have any other discussion? If not, we'll call the vote. Okay. All in favor for zone case 316G, say I. All oppose say nay. >> Nay. >> Motion fails. 8 to nothing. Again, this will go to the city council on March 24th. I believe it is for their first reading. Okay, Kristen, I guess we need to probably get our computers back up. Thank you. Okay, we will move on to the let's proceed to the last item we have which is item 3.4 zone case 3542. >> Thank you Mr. Chairman. This is district three of the zoning map analysis. We are working our way through the districts. So this is a request of the city of Levik for a zone change from SF2, HDR, NC, and heavy commercial to office and auto urban commercial. We sent out a total of 315 notifications receiving two in favor, six in opposition. This is just the boundary of district 3. Um it extends from fourth all the way down to West Loop 289 University over to Frankfurt. Again, this is a directive from our comprehensive plan and we completed the zoning map analysis with our consultant Safe Built at the end of last year. District 1 was completed uh February 10th. District 2 will be complete next week at March 10th. Here's an aerial view of the areas that we are looking at tonight. There are only three different areas within District 3. The first is at 50th and Quaker. You have two properties that are developed with commercial uses that have residential zoning. One is highdensity residential. The other is lowdensity single family SF2. So we are recommending both of those be reszoned to auto urban commercial so that their uses will be compliant with their zoning. The future land use plan does designate those properties for commercial land uses. The next is at 19th and Marsha Sharp Freeway. This is commonly known as the medical district. You have heavy commercial, highdensity residential, and neighborhood commercial. I tried to label the ones that we are asking to reszone. We can go back and forth if you need me to. The heavy commercial uses we are asking to downzone to auto urban commercial. The existing uses will still be in compliance with that zoning. There are several properties that have highdensity residential zoning that we are asking to be reszoned to office. And there is one neighborhood commercial property in that mix of highdensity residential that we are also asking to be reszoned to office because it does have an existing office on it as well. The future land use plan designates this area for office and commercial land uses. Lastly, we there is a property at University and 34th zoned highdensity residential. It is developed as a commercial parking lot that serves a medical clinic immediately to the east. It was part of the study from the consultant. They did not recommend a change because it is already serving a medical use that is allowed within that district. Future land use plan actually designates it for low density residential because it is a residential block the rest of the way west. We had one response in favor 432250th. We are not asking to reszone their property. You can see the shopping center that is zoned SF2 that we are asking to reszone. 36212nd uh also in favor. We are not asking to reszone their property. This these four properties right here at 22nd in Memphis. We did receive opposition from the property owner. Currently zone neighborhood commercial and highdensity residential. We are asking you to reszone those to office. Currently, they are used as medical offices and clinics. 3507 22nd Street and 36012nd Place. Uh we received letters of opposition. We are not asking to reszone those properties. Just for a little bit of context, highdensity residential district allows medical office and clinics as a limited use not to exceed 15,000 square ft. If you'll remember, we had a case just last month where you had an existing medical office that was over 16,000 square feet zoned high density residential. They could not expand because they were already exceeding the limit. So, they needed a zone change. General office is also limited use in HDR cannot exceed 3500 square ft. Within the office district, both of these uses are permitted by right. There are no square footage limitations. Neighborhood commercial district, they are also a permitted use. With that, I'd be pleased to answer any questions. >> Questions for staff. Do you know on the one on the property that was opposed for the one >> that one main reasons were? >> Their letter stated they did not want the city to reszone their property. >> Okay. I think >> Okay. We'll get to that in a minute. I was going to ask that. Okay. >> All right. >> Any questions for that? We'll now open the public hearing. Is there anyone here to speak in favor? If so, please come forward. Okay, seeing none, anyone wishing to speak in opposition, please come forward. If you'd please state your uh name and address for the record. Keep that one up, please. >> My name is David Fleming. I reside at 26 2919th Street. I office right here and uh have a group of investors that uh owns the property there. Uh I am opposed to this for several reasons. One, the purple spot over there is, if I remember right, is uh general retail, >> which is now neighborhood commercial. >> Neighborhood commercial. I don't want that changed because that at one time was a uh pharmacy with a drive-thru and we want to reserve the ability to be able to do that. Um, also I'm worried about uh one uh ELCAD deciding that all of this is now worth more money and more taxes andor on the other side that appraisers think now it's worth less money and either way it's going to affect the pocketbooks of the people involved in this project. So the unknown is what uh uh I don't want uh at this project here. I don't see any other than making it nice and pretty and all one color for the city. I don't see any financial benefits for any of these owners actually in changing all of this. I know it's part of the comprehensive plan, but that doesn't necessarily make it good for everybody. Of all the 38 uh addresses that were listed here, we own four of them. So, we own over 10% of what y'all are talking about here. And we remain opposed to this change. If you want to change everybody else, that'd be all right. But grandfather us and leave us alone is what I would ask. Thank you. >> Thank you. Is there anyone else wishing to speak in opposition? Okay, seeing none, we'll again I guess we can close the public hearing at this time and for matter of discussion. Do we have a motion? >> So move second. >> We have a motion and a second. Kristen, how how do we proceed on this one where you have a property owner that is against the zoning and when we go to vote vote, how do we how do we handle that? You want me to? >> My My preference would be for y'all to amend your motion to take out this one piece of property and move on the rest of the zoning case and then take a separate vote for this one piece of property. That would be my preference for what you do cuz then that would give me the the tools to take that as depending on the vote take that potentially as two separate items to the city council. >> Well, and I think that would probably be this and I definitely will defer to legal. >> I can amend that motion. That's easy. >> I'll amend the motion. How what do we call this right here? This piece >> by address. >> Yeah, those four addresses. I make a motion that we accept the zone case as is with the exception of 3801509 and 38212nd Street for a separate vote. >> Second. >> Second. >> Okay. We have an amended. So if correct me wrong, we vote on the amended motion too. Accept the amended motion. Correct. >> Yeah. So you've already So you had a motion already. Did the same person second the motion before? Okay. So, this is this can just now be the main motion that's on the floor. >> So, it's the main motion that's on the floor for everything other than these properties. >> Okay. >> And then do we have a motion for this? >> And then you'll do and then you'll do a separate motion for these properties. >> Okay. >> Okay. >> So, we can go out. He got the second on that. So, is there any other discussion on the first part with exclusion of 3801, 385, 3809, and 38212? It's four properties. >> The four properties. Yeah, but it's all it's all part of that same zoning. You're not going to do 383. It's separate, right? >> No, it's the same properties. >> Okay. Okay. Just want to make sure we're cleared and doing this right. So, is there any other discussion on this one? If not, we'll go ahead and call the vote. All in favor, please say I. >> I. >> All oppose? Nay. Motion carries 8 to zero. Now, we'd like to have a motion to look at the next item, which is 381, 3805, 389, 3821. >> Yeah, be a motion to approve. >> So, move. >> Second. >> Okay, we have a motion and a second. Everybody understands it's a motion to approve. So, both yay is to approve and nay is to not. So, that always gets confusing to people when you're doing it. So, any other discussion on this one? Okay. If not, we'll go ahead and call the vote. All in favor, please say I. >> I. >> All oppose, nay. Nay. >> All All in favor, raise your hand. Robert. >> All in favor of changing it. >> In favor of changing it, Robert. All oppose, raise your hand. >> Opposed to changing. >> Thank you. Okay, that completes our meeting for the day and we are adjourned.