Sep 22, 2022 P&Z Commission

[00:00:02]

GOOD EVENING, LADIES

[1. Call to Order.]

THE TIME IS SEVEN.

O'CLOCK LET THE RECORD

[2. Roll Call.]

[3. Director’s report to the Planning & Zoning Commission on actions taken by the City Council at the September 15, 2022, meeting.]

OUR DIRECTOR'S REPORT DIRECTOR GRIFFIN.

UM, GOOD EVENING.

I'M REPORTING ON ACTION TAKEN BY THE CITY COUNCIL.

DURING THE SEPTEMBER 15TH MEETING, THE CITY COUNCIL COMPLETED THE SECOND READING OF THE ENCLAVE AT CRYSTAL FALLS, PLAIN UNIT DEVELOPMENT, AND THEY APPROVED THE REQUEST.

UM, THEY DID HAVE A LETTER AGREEMENT ON THE AGENDA THAT RELATED TO THE LEANDER TRUCKING FOOD TRUCK PARK.

UM, THEY HAD SOME SUPPLY CHAIN ISSUES AND, UM, WE'RE ALLOWING THEM TO HAVE A PORTA POTTY AS A TEMPORARY, UM, CONDITION UNTIL THEY'RE ABLE TO GET A FULL BLOWN ADA RESTROOM ON THE SITE THAT WASN'T SOMETHING Y'ALL PRESENTED TO 'EM, BUT IT RELATES TO A, A CASE THAT YOU RECENTLY HEARD.

UM, THEY HELD THE PUBLIC HEARING FOR THE CREEK'S EDGE PLANNED UNIT DEVELOPMENT AND THE REQUEST, AND THEY HELD THE PUBLIC HEARING FOR 6 75 COFFMAN LOOP, PLANNED UNIT DEVELOPMENT, AND THEY ALSO APPROVED THAT REQUEST.

AND THAT'S IT FOR MY REPORT.

THANK YOU.

THANK YOU VERY MUCH.

IF YOU ALL

[4. Review of meeting protocol.]

OUR MEETING PROTOCOL, UH, ITEM FIVE IS CITIZEN'S COMMENTS.

AT THIS POINT IN TIME, WE WILL ENTERTAIN ANY CITIZEN WISHING TO SPEAK ON AN ITEM, NOT ON THE AGENDA, SAMUEL WISH TO SPEAK THAT BEING SAID, WE WILL MOVE ON TO THE CONSENT AGENDA.

[ CONSENT AGENDA: ACTION]

THAT BEING SAID, DO I HAVE A MOTION ON THE CONSENT AGENDA? I'LL MAKE A MOTION TO APPROVE MOTION BY COMMISSIONER HAMPTON.

SECOND, SECOND BY COMMISSIONER CARPENTER, ALL IN FAVOR OPPOSED CARRIE UNANIMOUSLY.

WE'LL MOVE ON TO ITEM NUMBER NINE,

[9. Conduct a Public Hearing regarding Special Use Case 22-SU-002 to allow for the temporary residential use of a travel trailer or recreational vehicle for use by owners while building permanent home on site; on one parcel of land approximately 4.72 acres ± in size, more particularly described by Travis Central Appraisal District Parcel 513800; and more commonly known as 13201 Vista Rock Drive, Leander, Travis County, Texas. Discuss and consider action regarding Special Use Permit Case 22-SU-002 as described above. Staff Presentation Applicant Presentation Open Public Hearing Close Public Hearing Discussion Consider Action]

LANDR TRAVIS COUNTY, TEXAS STAFF PRESENTATION.

GOOD EVENING COMMISSIONERS.

SO THIS REQUEST IS THE FIRST STEP IN THE SPECIAL USE PERMIT PROCESS.

THE APPLICANT, UH, HERE TONIGHT AND IS REQUESTING A SPECIAL USE PERMIT PER, UH, COMPOSITE ZONING ORDINANCE ARTICLE.

UH, LET'S SEE, I'M SORRY.

FOUR SECTION TWO 13 TO ALLOW A TEMPORARY RESIDENTIAL USE OF AN RV UNTIL PERMANENT HOME IS BUILT ON SITE.

THE APPLICANT IS CURRENTLY WORKING, UH, WITH STAFF TO SUBMIT THEIR RESIDENTIAL BUILDING PERMIT.

UH, THEY'RE WORKING WITH MR. JUSTIN HUNT ON THAT.

UM, SO SOME SPECIAL CONSIDERATIONS, UH, THAT SECTION THAT I, UH, PLACED IN YOUR REPORT IS PER THE, UH, COMPOSITE ZONING ORDINANCE.

THERE'S SOME CERTAIN FINDINGS OF FACT WHICH WAS COVERED IN, UH, THE LETTER.

UH, WE'LL GO TO THE SITE INFORMATION.

SO LET'S SEE.

WELL, I'LL JUST OUTLINE IT.

SO, UH, TO THE NORTH IS A POD, WHICH IS THE, UH, TRUVISO SUBDIVISION IT'S, UH, ZONE RESIDENTIAL, UH, BASED OWNING RESIDENTIAL TO THE EAST IS UNDEVELOPED.

THAT IS ALSO PART OF THE TRUVISO SUBDIVISION.

IT IS UNDEVELOPED TO THE SOUTH, UM, IS INTERIM, UH, SFR ONE B, AND THAT IS ALSO UNDEVELOPED TO THE WEST IS INTERIM SFR, ONE B AS WELL.

AND THAT IS A RESIDENTIAL LOT.

UH, THE PROPERTY IS BOUND TO THE NORTH AND EAST BY THE TRUVISO SUBDIVISION TO THE SOUTH ACROSS VISTA ROCK DRIVE IS APPROXIMATELY 20 ACRES OF LAND.

UH, THAT IS UNDEVELOPED, UH, AND TO THE WEST IS A LARGE RESIDENTIAL LOT.

THE PROPERTY IS NOT LOCATED WITHIN A FLOOD PLANE AND CONTAINS HEAVY TREE COVER.

AND IS UNDEVELOPED CURRENTLY THE PROPERTY TAKES ACCESS OFF OF VISTA ROCK DRIVE.

THIS TRACK HAS BEEN PLANTED AS PART OF THE TOWN OF LEANDER, UH, FINAL PLAT THAT'S ONE THROUGH FOUR, I BELIEVE THAT'S CORRECT.

UM, THIS TRACK WILL HAVE ACCESS TO BOTH WATER AND SEWER, UH, WITH THE TRUVIO PHASE FIVE, UH, SECTION ONE SUBDIVISION AND THE IMPROVEMENTS ARE CURRENTLY UNDER CONSTRUCTION.

THE PROPERTY IS CURRENTLY UNDEVELOPED AGAIN.

UM, A DEVELOPMENT MEETING WAS NOT HELD, UH, TO SUBMIT THE SPECIAL USE PERMIT SUBMITTAL.

[00:05:01]

UH, THE PROPERTY OWNER MAILED OUT, UH, A LITTLE FLYER, UH, AS WELL AS NOTICES WERE MAILED BY STAFF FOR, UH, THE 200 FOOT BUFFER.

UH, TONIGHT IS THE FIRST PUBLIC HEARING.

UH, CITY COUNCIL WILL HAVE THEIR, UH, PUBLIC HEARING ON THE 20TH OF OCTOBER.

AND THEN THE SECOND AND FINAL READING OF THE ORDINANCE POTENTIALLY WOULD BE ON NOVEMBER 3RD.

UH, AGAIN, NOTICES WERE MAILED BY STAFF, UM, TO ALL PROPERTY OWNERS THAT FELL WITHIN 200 FEET OF THE PROPERTY, SUBJECT TO THE SPECIAL USE PERMIT NEIGHBORHOOD OUTREACH INFORMATION WAS ATTACHED WITHIN YOUR PACKET AS ATTACHMENT NUMBER EIGHT.

THIS REQUEST REMAINS CONSISTENT WITH BOTH THE FUTURE LAND USE MAP, DESIGNATION OF NEIGHBORHOOD RESIDENTIAL AND CURRENT ZONING OF INTERIM SFU.

ONE B THE PROPOSED TEMPORARY RESIDENTIAL USE OF AN RV, UH, FOR THE PROPERTY LOCATED AT 1321 VISTA ROCK DRIVE KEEPS THE EXISTING RESIDENTIAL CHARACTER AND WOULD BE COMPATIBLE WITH THE SURROUNDING LAND USES.

PLEASE NOTE, IF THE PROPOSED RV USE IS APPROVED, A PERMIT WILL BE ISSUED.

UM, SUCH PERMIT WILL EXPIRE ONE YEAR FROM THE ISSUANCE DATE.

THE PERMIT MAY BE RENEWED ANNUALLY AT THE DISCRETION OF THE CITY COUNCIL.

UH, SO STAFF RECOMMENDS APPROVAL OF THIS REQUEST.

HERE'S A COPY OF HER.

THERE WAS A CODE ENFORCEMENT CASE AS WELL ON THE PROPERTY.

SO THAT INFORMATION WAS PROVIDED.

UM, HERE'S THEIR KIND OF ROUGH DRAFT OF WHAT'S GOING ON RIGHT NOW WITH THE FUTURE HOME LOCATED HERE AT THE FRONT.

IT'S AN ESTIMATE, OF COURSE THEY ARE GETTING STARTED ON THAT RIGHT NOW.

UM, THEY ALSO INCLUDED A NOTE, UH, ACKNOWLEDGING THAT THE RV PLACEMENT IS A TEMPORARY USE, UH, AND, UH, WHILE CONSTRUCTING THEIR PERMANENT RESIDENTS ON SITE.

SO, UH, STAFF IS HERE TO ANSWER ANY OF YOUR QUESTIONS.

THANK YOU.

THANK YOU, MR. DALE, DO WE HAVE AN APPLICANT PRESENTATION? WE'RE WE'RE AN APPLICANT.

WE DO NOT HAVE A SEPARATE PRESENTATION.

WE CAN ANSWER ANY QUESTIONS THAT YOU GUYS HAVE.

EXCELLENT.

THANK YOU VERY MUCH.

ALL RIGHT.

I'LL OPEN TO PUBLIC HEARING.

DOES ANYBODY WISH TO SPEAK ON THIS ITEM? SEEING NONE WE'LL CLOSE THE PUBLIC HEARING AND ENTER DISCUSSION VICE CHAIR? I, I DON'T HAVE ANY PROBLEMS WITH THIS.

I THINK IT JUST MAKES SENSE, ESPECIALLY WITH THOSE LARGE OF A LOT THAT IT IS.

UM, I DO JUST, JUST CUZ I'M A STICKLER FOR THESE THINGS.

WANNA POINT OUT THAT IT, IT DID SPEAK ABOUT NO MORE THAN TWO PEOPLE MAY OCCUPY IT AND YOU SAY YOU, YOU WOULDN'T, BUT YET IN YOUR PICTURES YOU HAVE A FAMILY PHOTO, WHICH SEEMS TO BE MORE THAN TWO PEOPLE.

SO JUST WANTED TO SAY THAT THERE IS A DISCREPANCY IN THAT NO EXPLANATION NEEDED FOR ME.

I DOESN'T CHANGE MY OPINION ABOUT IT.

I JUST WANTED TO KIND OF POINT THAT OUT FOR THE REST OF THE COMMISSION AS YOU GUYS ARE CONSIDERING, BUT I'M GOOD WITH THIS.

THANKS COMMISSION.

RUME NOTHING ON IT.

COMMISSIONER MOSS.

I'M GOOD.

NOTHING COMMISSIONER HAMPTON, JUST TO BE A LITTLE NITPICKY WHEN IT SAYS RV CABIN PLACEMENT, I DON'T THINK BUILD A CABIN EITHER, BUT UH, SHOULD WE BE JUST THE LANGUAGE ALONE IS THE ONLY THING I WANNA POINT OUT.

I BELIEVE YOU JUST PLAN ON HAVING AN RV, BUT IT JUST SAYS RV AND CABIN.

WELL, SO INTERESTING.

IT'S CALLED PLEASE.

IF YOU PLEASE COME UP AND, AND SPEAK INTO THE MICROPHONE, UM, IS THIS IT'S CALLED A CABIN MODEL.

RV IS THE NAME OF IT.

IT LOOKS LIKE A LITTLE CABIN, BUT IT'S TECHNICALLY CONSIDERED AN RV, UM, FROM THE PEOPLE WE BOUGHT IT FROM.

THAT'S WHAT THEY TOLD US SO WE CAN CLARIFY THE EXHIBIT.

OKAY.

YEAH.

IT'S I DON'T THINK THAT'S A PROBLEM BASED IS THIS BASED ON THE SPUR FOOTAGE THEY SAID, IS THAT OKAY? GOOD.

IT COMMISSIONER WILL ANSWER IT.

NO QUESTIONS, COMMISSIONER.

CARPENT I'M GOOD WITH THIS.

I'M GOOD AS WELL.

THIS IS AN ACTION ITEM.

WILL ENTERTAIN A MOTIONS MOTION TO APPROVE MOTION, MOTION BY COMMISSIONER LANCER.

SECOND BY VICE CHAIR, ALL IN FAVOR.

OPPOSED MOTION CARRIES UNANIMOUSLY.

THAT BRINGS US TO ITEM

[10. Conduct a Public Hearing and consider action regarding Zoning Case 22-Z-022 to amend the current zoning of SFR-3-B (Single-Family Rural) to adopt the Moon Valley PUD (Planned Unit Development) with a base zoning district of LC-5-D (Local Commercial) on two parcels of land approximately 8.78 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R319362 and R031223; and more commonly known as 15841 Ronald W Reagan Blvd, Leander, Williamson County, Texas. Discuss and consider action regarding Zoning Case 22-Z-022 as described above. Staff Presentation Applicant Presentation Open Public Hearing Close Public Hearing Discussion Consider Action]

UH, SO THIS REQUEST IS THE FIRST STEP IN THE ZONING PROCESS.

UM, ORIGINALLY

[00:10:01]

UM, SO THE CITY SENT NOTICES TO ALL THE PROPERTY OWNERS WITHIN 200 FEET, UH, THAT THE MEETING WOULD BE RESCHEDULED TO THE SEPTEMBER 22ND MEETING.

UH, AND THE APPLICANT HAS COMPLETED THAT NEIGHBORHOOD OUTREACH PRIOR TO THIS MEETING.

UM, SO THE SEPTEMBER 8TH WAS THE LAST, UH, TIME THIS WAS SEEN NO ACTION WAS TAKEN.

UM, THE APPLICANT HAS SUBMITTED A REQUEST TO CHANGE THE DESIGNATED ZONING DISTRICT OF THEIR PROPERTY IN ORDER TO OPERATE A RETAIL PLANT NURSERY.

SOME OF THE SPECIAL CONSIDERATIONS, UH, FOR THIS PROPERTY, UH, THE PROPERTY WAS ORIGINALLY DEVELOPED AS THE GRASS PATCH NURSERY PRIOR TO ANNEXATION, AFTER THE PROPERTY WAS ANNEXED, THE NURSERY WAS THEN SOLD TO A CHURCH, UH, AND RELOCATED THE CHURCH HAS SINCE SOLD THE PROPERTY TO MOON VALLEY NURSERY.

UH, BUT IN ORDER TO OCCUPY THE PROPERTY AS A NURSERY, NOW THE ZONING CHANGE IS REQUIRED.

UH, THE APPLICANT HAS PROPOSED A WITH THE LOCAL COMMERCIAL FIVED, UH, BASE ZONING DISTRICT.

UH, THIS PUD WOULD ALLOW FOR THE NURSERY WHILE LIMITING OTHER USES, UH, THAT MAY NOT BE ACCEPTABLE ADJACENT TO A RESIDENTIAL.

ADDITIONALLY, THE TYPE FIVE SITE COMPONENT, UH, IS INTENDED ONLY FOR INDUSTRIAL OR HEAVIEST COMMERCIAL USES AND MAY BE COMBINED ONLY WITH GENERAL COMMERCIAL, HEAVY COMMERCIAL OR HEAVY INDUSTRIAL USE COMPONENTS.

UH, THIS REQUEST LIMITS THE OUTDOOR STORAGE TO JUST PLANTS AND MATERIALS ASSOCIATED WITH THAT BUSINESS.

UH, THE TYPE D ARCHITECTURAL COMPONENT IS INTENDED ONLY FOR INDUSTRIAL WAREHOUSE, HEAVY COMMERCIAL SERVICES OR OTHER SIMILAR APP, UH, APPLICATIONS AND SHALL BE UTILIZED ONLY WITH GENERAL COMMERCIAL, HEAVY COMMERCIAL OR HEAVY INDUSTRIAL USE COMPONENTS.

UH, THIS ARCHITECTURAL COMPONENT IS NOT INTENDED TO BE UTILIZED, UH, WITH THE MAJORITY OF GENERAL COMMERCIAL DISTRICTS.

AND, UH, THE COMPONENT IS NOT INTENDED FOR RETAIL OR OFFICE DEVELOPMENT OR ADJACENT TO RESIDENTIAL NEIGHBORHOODS.

UH, WE'RE NOT ADEQUATELY BUFFERED FROM THOSE RESIDENTIAL USES.

THIS SITE ARCHITECTURAL COMPONENT IS ALSO DISCOURAGED ALONG MAJOR, UH, THOROUGHFARES AND IS INTENDED TO BE UTILIZED WITHIN THE INDUSTRIAL PARK DEVELOPMENT.

UM, SO SOME OF THE SURROUNDING AREAS, UH, TO THE NORTH IS ZONED, UH, SFR GENERAL COMMERCIAL, UH, THIS SFR, UH, SINGLE FAMILY, RURAL, UH, PROPERTY IS CURRENTLY THE, UH, FIRE STATION FOUR, UM, TO THE, UH, WEST.

IT IS HEAVY COMMERCIAL, UH, UNDEVELOPED, UH, TO THE SOUTH IS THE COLD SPRING SUBDIVISION AS WELL AS ANOTHER, UH, GENERAL COMMERCIAL PROPERTY.

UH, AND TO THE WEST IS RONALD REAGAN.

UM, YOU CAN'T REALLY SEE IT, BUT THERE'S A GENERAL COMMERCIAL ZONE PROPERTY OVER THERE AS WELL.

UM, THIS PROPERTY IS JUST SOUTH OF EAST CRYSTAL FALLS.

UH, THE PROPERTY WAS PREVIOUSLY DEVELOPED, UH, AS MENTIONED EARLIER.

SO IT HAS EXISTING DRIVEWAYS PARKING AND BUILDINGS.

UH, SO THE RECENT NEIGHBORHOOD OUTREACH WAS MAILED OUT, UH, SEPTEMBER 2ND.

AND YOU CAN SEE ATTACHMENT NINE FOR MORE DETAIL.

UH, SO THIS PROPERTY FALLS UNDER THREE LAND USE CATEGORIES ON THE FUTURE LAND USE MAP, UH, THE NEIGHBORHOOD CENTER PRIORITY, THE MULTI-USE CORRIDOR PRIORITY AND THE NEIGHBORHOOD RESIDENTIAL, UH, BECAUSE THE FUTURE LAND USE, UH, CATEGORY BOUNDARIES IS MEANT TO BE FLEXIBLE AND NOT A HARD DELINEATION.

UH, THE COMPATIBLE ZONING DISTRICTS SHOULD STILL MEET THE INTENT OF THE COMPREHENSIVE PLAN, UH, FOR PROPERTIES ALONG A MAJOR CORRIDOR.

UH, THIS REQUESTED LOCAL COMMERCIAL ZONING COMPONENT IS A COMPATIBLE USE CATEGORY IN THE FUTURE LAND USE MAP.

UH, THE APPLICANT IS REQUESTING A LESS INTENSE USE THAN WHAT COULD BE PERMITTED AT THIS LOCATION.

THE LESS INTENSE LOCAL COMMERCIAL COMPONENT INCLUDES RESTRICTED HOURS OF OPERATION, UH, WHICH WOULD NOT BE APPLICABLE IF THE PROPERTY WERE ZONED GENERAL COMMERCIAL.

UH, THE COMPOSITE ZONING ORDINANCE REQUIRES THE DEVELOPER TO PROVIDE A SIX FOOT MASONRY SCREENING WALL FOR COMMERCIAL DEVELOPMENT ADJACENT TO RESIDENTIAL.

IN ADDITION, THE ORDINANCE REQUIRES A 50 FOOT BUILDING SETBACK FOR ALL NEW BUILDINGS ADJACENT TO THE RESIDENTIAL ZONE PROPERTY.

THIS PUD ALSO INCLUDES THE FOLLOWING PROHIBITED USES, UH, BANK OR OTHER LENDING INSTITUTION, FUNERAL, HOME RESTAURANTS, CULTURAL FACILITIES, SUCH AS ART GALLERIES OR MUSEUMS, FOREST SHOP GROCERIES AND DRY GOODS, MEDICAL CLINICS, OR PHARMACIES.

UH, SO ONE OF THE WAIVERS, UH, THE MAIN ONE BEING REQUESTED IS THE USE OF THE TYPE FIVE AND TYPE D UH, COMPONENTS WHILE WHILE PAIRED WITH, UH, LOCAL COMMERCIAL AND ALONG A MAJOR CORRIDOR.

AND SOME OF THE HIGHER STANDARDS ARE INCREASING FRONT SETBACK, REAR AND SIDE SETBACKS BY FIVE FEET WHERE, UH, ADJACENT TWO COMMERCIAL AND A HUNDRED PERCENT MASONRY FOR ALL NEW BUILDINGS.

AND I'LL BE AVAILABLE FOR QUESTIONS AFTER THE PUBLIC HEARING.

THANK YOU VERY MUCH.

DO WE HAVE AN APPLICANT PRESENTATION? GOOD EVENING, FELLOW CHAIR AND COMMISSIONERS.

I'M JEN HENDERSON.

UM, I'M THE APPLICANT ON THIS ONE? UM, I DON'T HAVE A FORMAL PRESENTATION.

I THINK STAFF DID

[00:15:01]

I JUST WANNA POINT OUT A COUPLE OF THINGS.

UM, WHILE WE DIDN'T SPECIFICALLY RESTRICT A MUSIC VENUE, I KNOW THAT THAT CAME UP WITH SOME COMMUNICATIONS WITH STAFF AND THIS IS NOT GONNA BE A MUSIC VENUE.

THIS IS GOING TO BE NURSERY, UM, THINK PLANTS AND TREES.

THEY, THEY WANNA SELL THESE TREES AT THIS LOCATION.

UM, SO, SO THE REASON THAT WE WENT WITH THE PUD ZONING IS BECAUSE THE WAY THE ZONING DISTRICT, THE WAY THE ZONING ORDINANCE IS WRITTEN IS REALLY A MENU STYLE TYPE OF ORDINANCE.

SO WE, WE PICKED FROM THE BIGGER MENU AND WE'D LIKE TO RESTRICT IT TO ONLY WHAT THIS TENANT WANTS TO DO.

UM, SO, SO THE REASON FOR GOING WITH TYPE FIVE IS BECAUSE OF THE, THE HEAVY STORAGE OF PLANTS OUTSIDE.

UM, WE JUST WANNA MAKE SURE THAT THEY, THEY WILL BE ABLE TO, TO STORE THOSE OUTSIDE WITHOUT A PROBLEM.

UM, AND THE REASON FOR THE TYPE D IS BECAUSE THEY ARE GOING TO HAVE PLANTS, WE WANNA MAKE SURE THAT ANY NEW CONSTRUCTION SHOULD THEY CHOOSE TO DO THAT.

UM, ONLY HAVE TO, IT IT'S LIMITED TO THE TWO SIDES, BUT WE'LL HAVE A HUNDRED PERCENT MASONRY ON THE BUILDING.

UM, RIGHT NOW THIS TENANT DOES NOT PLAN TO DO ANY NEW CONSTRUCTION.

THEY WANNA REUSE THE BUILDINGS AND SLABS THAT ARE THERE.

UM, THEY, THEY ARE READY TO MOVE IN, READY TO GET OPERATIONAL.

UM, AS SOON AS WE CAN GET THROUGH THIS PROCESS, UM, DON'T WANT TO CHANGE THE PARKING LOT.

DON'T WANNA CHANGE THE BUILDINGS.

UM, SO REALLY THAT'S, THAT'S IT.

WE JUST WANNA MAKE SURE THAT THIS IS ZONED CORRECTLY.

YOU SEE IT'S, IT'S GOT A COUPLE OF ZONING DISTRICTS.

WE NEED TO, TO MAKE SURE THAT THEY CAN OPERATE WITHOUT HAVING ANY KIND OF ISSUES IN THE FUTURE.

SO I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS HAVE, UM, HAPPY TO ANSWER ANY FROM THE PUBLIC AS WELL.

THANK YOU.

OKAY.

WE WILL OPEN UP THE PUBLIC HEARING.

UM, I HAVE ONE PERSON SIGNS UP TO SPEAK, UH, RAY HILL.

IF, UH, YOU WILL COME UP AND STATE YOUR NAME, YOU WILL HAVE THREE MINUTES.

THERE HAVE SEVERAL OF US.

I'LL GET TO YOU IN A SEC.

I WILL GET TO THAT MR. HILL, IF YOU COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, WE'LL GIVE YOU THREE MINUTES.

RAY HILL 25 17 MAR SLAB LANE.

UH, MY BIGGEST THING IS WE DON'T MIND A NURSERY.

WE CAN NICE TO HAVE MORE TREES IN THE BACK.

OUR BIGGEST THING IS IF THEY SELL IN TWO YEARS, FIVE YEARS, WHAT CAN THEY PUT BACK THERE WITH THE WIDER RANGE OF ZONING? THEY CAN PUT A HEAVY COMMERCIAL INDUSTRIAL BACK THERE, WHICH CAN BE ALL KINDS OF NOISE.

WE THINK WE'RE NOT REALLY PRIVY TO, OR WANTING TO HAVE A OPEN VENUE IN YOU.

UH, WE BOUGHT THE HOUSE JUST TWO YEARS AGO.

WE'VE BEEN ON LEAN AND SINCE 2008, LOVE THE SOLACE AND THE PEACE AND QUIET WOULD LOVE TO KEEP IT THAT WAY.

AS WE'RE ALL OF OUR NEIGHBORS, UH, WE GOT SEVERAL PEOPLE WHO FILL OUT STUFF JUST TO GET IT HERE AND PUT IN.

I DON'T KNOW HOW WE GIVE THIS TO YOU OR WHAT, OKAY.

BUT THAT'S THE, THE CRUX OF IT IS WHEN WE BOUGHT THE HOUSE IN 2020, MY WIFE DOES DILIGENT WORK.

I WAS RAISED IN A MOBILE HOME.

ALL MY LIFE.

DIDN'T KNOW ANYTHING ABOUT ZONING.

I WAS USUALLY OUT IN THE COUNTRY.

SHE WAS CAME FROM FLORIDA AND SHE KNOWS ALL, WHO'S GONNA MOVE BEHIND US.

WHAT'S GONNA MOVE BEHIND US.

LIKE, WHY SHOULD WE CARE? WELL, I KNOW NOW SHE'S TAUGHT ME VERY WELL.

SO SHE WAS A BULLDOG WHEN IT CAME TO LOOKING AT THIS PLACE, UH, WE HAD FRIENDS THAT WENT TO GLAD TIS CHURCH.

WE KNEW THAT WAS GONNA GO BE BACK THERE.

ERIC CAME WITH ROSIE FOR A WHILE.

AND, UH, LIKE I SAID, IT'S BEEN NICE AND PEACEFUL.

WE'VE GOT THE WILLIAMSON KENNY DOG SHELTER, A COUPLE DOORS OVER.

IT'S KIND OF NOISEY ON SATURDAY MORNING, BUT YOU'RE KIND OF USED TO IT.

BUT THE, UH, JUST THE NEXT TO THE FIRE STATION ABOUT 200 YARDS OVER IS A, SOME KIND OF INDUSTRIAL THING.

YOU COULD HEAR IT BANGING QUITE A BIT.

SO TO BRING IT EVEN CLOSER WOULD BE DISTURBING.

I MEAN, I UNDERSTAND PROGRESS.

I UNDERSTAND CONGRESS MAKING ALL KINDS OF MONEY ON MY FORT, UH, TRULY A CONSERVATIVE, WHAT IS IT? NOT IN MY BACKYARD, TYPE OF THING.

SO THAT'S WHAT THE MOST OF US WOULD LIKE TO HAVE.

WE DON'T OBJECT TO THE, UH, NURSERY.

LIKE I SAID, I, I BOUGHT STUFF FROM MOON VALLEY DOWN ON WORLD LEAF JOHNSON USED TO BE BEFORE.

IT'S JUST A MATTER OF WHAT IF THEY SELL THE PLACE.

AND THEN IT'S OPENED THAT THE ZONING HAS TO STAY THE SAME.

SO ONE OF OUR QUESTIONS IS, DOES IT HAVE TO BE THAT ZONING OR THAT, CAN THEY CHANGE THE ZONING? WHAT DO YOU, WHAT DO Y'ALL

[00:20:01]

THANK YOU.

THANK YOU.

I BELIEVE WE HAVE SOME OTHER FOLKS WHO WOULD LIKE TO SPEAK ON THIS ITEM.

IF YOU WOULD COME UP TO THE MICROPHONE, STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AND WHEN YOU WERE DONE, IF YOU WOULD TURN A CARD INTO MS. KALE, WE WILL BE, UH, HIGHLY APPRECIATIVE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

GOOD EVENING COMMISSIONERS.

MY NAME IS KANA.

UM, I, ALONG WITH MY WIFE, WE OWN A HOUSE ON 2, 5 21 MARBLES LAB LANE.

UM, SO WE BOUGHT THIS HOUSE ABOUT SEVEN MONTHS AGO IN A PEACEFUL COMMUNITY.

UM, AND THE BACKYARD WAS A MAJOR FACTOR IN DECIDING, UH, TO, IN ORDER TO GO FORWARD WITH THIS HOUSE.

UM, SO EVERY DAY WE WAKE UP TO, YOU KNOW, VERY NICE AND PEACEFUL AND SCENIC VIEW OF THE BACKYARD.

WE TAKE A NICE WALK AND WE WOULD LIKE TO KEEP IT THAT WAY.

UM, WE ABSOLUTELY DO NOT HAVE ANY ISSUE WITH THE NURSERY AT OUR BACKYARD, BUT WE DEFINITELY DO NOT APPRECIATE, UM, A TYPE FIVE OR TYPE D LEVEL, UM, DEVELOPMENT.

UM, SO THAT COULD DISRUPT OUR PIECE, I WOULD SAY OUR VIEW.

UM, SO I UNDERSTAND THAT, UM, THE APPLICANT TALKED ABOUT, UM, THE TYPE FIVE AND TYPE D THAT THEY, WHY, WHY DO THEY NEED IN ORDER TO KEEP THE PLANTS AND STUFF? THAT'S PRETTY MUCH OKAY.

BUT THEN AS MY FELLOW NEIGHBOR MENTIONED THAT WHAT IF IN FUTURE THIS PROPERTY GETS SOLD TO SOME OTHER PERSON, AND THEN THEY WANT TO DO THINGS THAT ARE ALLOWED UNDER, UH, TYPE FIVE AND TYPE D UM, THEN WE, WE WOULD HAVE BIGGER PROBLEMS. UM, YEAH, THAT'S ALL I WANTED TO SAY.

THANK YOU.

THANK YOU.

ANYONE ELSE? WISHING TO SPEAK, COME ON UP, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.

THANK YOU.

I HAVE TO READ IT.

I I'M TOO EXCITED TO REMEMBER ALL MY THOUGHTS.

IF YOU DON'T MIND, IT'S FINE WITH ME.

MY NAME IS RITA FLO.

MY NAME IS RITA FLORES AND I LIVE AT 25 17 MARBLE SL LANE.

I BROUGHT THE SONG WITH MY DAUGHTER, MARIA HILL AND HER HUSBAND RAY, SO THAT I WOULD HAVE SUPPORT.

SHOULD I NEED HELP? AT MY OLD AGE, I HAVE BEEN BLESSED WITH GOOD HEALTH FOR 87 YEARS.

THE HOUSE IS IDEAL FOR THREE ADULTS, AND IT'S LOCATED IN A PEACEFUL, QUIET NEIGHBORHOOD, BUT BEFORE WE BOUGHT IT, WE WERE CONCERNED ABOUT THE VACANT LAND BEHIND US.

I AND WAY SEPARATELY CAUGHT THE CITY TO ACQUIRE WHAT WAS ITS OWN FOR AND WHAT WAS GOING TO BE BUILT.

WE WERE ASSURED THAT IT WAS ZONED, UM, RESIDENTIAL, RURAL, UM, THAT, UM, THAT BACON LAND WOULD HAVE FUTURE BUSINESS WOULD HAVE TO SERVE THE IMMEDIATE NEIGHBORHOOD SUCH AS A NURSERY SCHOOL DAYCARE CENTER CHURCH.

AND AT ONE POINT IT WAS, WE WERE TOLD THERE WAS A PLANNED NURSERY.

NOW MY DAUGHTER AND HER HUSBAND HAVE LIVED IN WILLIAMS COUNTY FOR 30 YEARS.

THEY ACTUALLY HAD BEEN TO THAT NURSERY BEFORE.

SO THEN WE FOUND OUT THAT THE OWNER OF THE, AT THAT TIME OF THE LAND WAS, UH, GLAD HIDINGS AND AUSTIN RAY THEN CALLED THE PASTOR AND WAS TOLD THAT THE CHURCH WAS PLANNING TO START SERVICES AND THAT LOCATION AND THE EXISTING BUILDING.

BUT EVENTUALLY WE BUILT A WORSHIP CENTER.

WE HAD NO PROBLEM WITH THAT.

AND SO WE WENT AHEAD AND BOUGHT THE HOUSE THAT WAS THREE MONTHS BEFORE COVID OUTBREAK.

AND THAT'S PROBABLY WHY THE CHURCH DIDN'T BUILD.

UM, WE WERE NEVER NOTIFIED BY THE CITY THAT THE CITY OF ORLANDO HAD PLANNED ON A NEW COMPREHENSIVE PLAN THAT WOULD GREATLY AND ADVERSELY AFFECT OUR HOME IN ITS VALUE.

WE WERE NEVER NOTIFIED, BUT IN AUGUST WE RECEIVED A LETTER FROM THE CITY THAT A MR. BLAKE OF LAS VEGAS, L BCC HAD BOUGHT THE PROPERTY BEHIND OUR HOME AND IS REQUESTING TO HAVE IT REZONED.

HE NEEDS THE REZONING BECAUSE HE INTENDS TO LEAVE LEADS THE PROPERTY TO MOON VALLEY NURSERIES.

I ACTUALLY HAVE A LITTLE PROBLEM WITH THE ZONING TO LOCAL COMMERCIAL, BUT GREATLY OBJECT TO THE TYPE FIVE SIDE COMPONENT AND MORE SO TO THE TYPE D ARCHITECT'S OPPONENT, BOTH OF WHICH ARE NOT INTENDED TO BE USED ADJACENT TO RESIDENTIAL NEIGHBORHOODS AND ARE INTENDED TO BE UTILIZED WITH AN INDUSTRIAL PARK DEVELOPMENTS AS OUTLINED IN THE CITY'S LETTER.

IF MR. BLAKE HAD INTENDED TO LEASE A PROPER A NURSERY, HE SHOULD HAVE BOUGHT PROPERTY ALREADY ZONED FOR SUCH A PURPOSE.

ONCE AN INDUSTRIAL ZONING IS ON THE BOOKS IN A PRIME LOCATION, SUCH AS OURS, I'M SURE THE PROPERTY VALUE OF THAT REZONE PROPERTY COULD EASILY DOUBLE YET.

EVERY RESIDENTIAL

[00:25:01]

IT IS INCONCEIVABLE THAT WE ALSO WOULD LOSE MUCH VALUE IN OUR HOMES.

THE ORIGINAL CITY PLANNERS WISELY PROVIDED A GREEN BUFFER TO OUR RESIDENTIAL NEIGHBORHOOD.

I KNOW THAT YOU HAVE TO PROVIDE FOR GROWTH IN REVENUES TO THE CITY, BUT YOU ALSO HAVE TO ADDRESS THE NEEDS OF THE EXISTING RESIDENTS.

I RESPECTFULLY URGE YOU TO DENY THE REZONING REQUEST.

THANK YOU.

THANK YOU.

ANYONE ELSE? WISHING TO SPEAK? COME FORWARD, MAN.

HI, I'M MARIA HILL AND I LIVE AT 2 507 MARBLE LA LANE WAS RAY AND MY MOM .

SO I BASICALLY, UM, I DIDN'T UNDERSTAND THE, THE UNDER WE'VE DONE SOME RESEARCH, SO I'M A LITTLE CONFUSED BY WHAT YOU SAID ON THAT.

THEY, THE NURSERY PURCHASE THE PROPERTY, CUZ MY UNDERSTANDING IS THE NURSERY'S GONNA LEASE THE PROPERTY FROM THE PEOPLE WHO PURCHASED IT.

AND THAT'S CONCERNING BECAUSE IF TOMORROW LET'S SAY WE SIGN ALL THIS AND AGREE TO IT.

IF ALL OF A SUDDEN THE LEASE GOES DOES NOT GO THROUGH.

THERE'S NO OBLIGATION IT THEY CAN SELL.

THEY CAN TURN INTO COMMERCIAL.

CURRENTLY WE SEE A FIRE STATION BEHIND OUR HOUSE, THE FIRE STATION'S ONE STORY.

IT'S A NICE LITTLE FIRE STATION.

UM, IT'S NOT BAD TO LOOK AT.

LIKE RAY SAID, YOU LOOK TO THE LEFT, YOU CAN SEE COMMERCIAL BUILDINGS.

AND THAT RIGHT BEHIND RESIDENTIAL IS NOT ATTRACTIVE.

PLUS SOME OF THE NOISE DEPENDING ON WHAT THAT COMMERCIAL WOULD BE USED.

SO I STRONGLY BASICALLY OFFICIALLY STRONGLY, STRONGLY OBJECT TO, UM, HAVING IT TO WHERE AT SOME POINT THEY COULD SELL IT AND WE COULD HAVE COMMERCIAL BUILDINGS BEHIND US.

AND I WOULD LIKE SOME CLARIFICATION ON THAT.

SO THANK YOU.

THANK YOU.

IS THERE ANYONE ELSE WISHING TO SPEAK, SEEING NONE? I HAVE, UM, SOME PEOPLE WHO WOULD LIKE TO HAVE THEIR OPPOSITION READ INTO THE RECORD, MARIE KATES, AND IF I BUTCHER YOUR NAMES, I'M SO SORRY.

MANDY JAO, LAUREN MORGAN, CYNTHIA CUNNINGHAM, RAEL DEGOS JOHA JO B STROBE, JEFF SCHMIDT AND CUNNINGHAM.

I ALSO HAVE, UM, TWO PEOPLE WHO WISH TO HAVE THEIR COMMENTS READ INTO THE RECORD.

I HAVE JASON CI AEL.

I WOULD LIKE TO EXPRESS MY CONCERN WITH PROPOSED THE ONLY REQUEST AT 1 5 84, RONALD W. REAGAN BOULEVARD, ACCORDING TO THE DOCUMENTATION THAT WAS SENT OUT AND NURSERY PLANNED FOR THAT PROPERTY AS A 13 YEAR RESIDENT, WHOSE PROPERTY BACKS UP TO THEIR PROPERTY BEING DISCUSSED FOR REZONING.

I HAVE NO ISSUES WITH A NURSERY BEING BROUGHT IN AS THERE WAS A NURSERY THERE.

WHEN WE PURCHASED OUR HOME, I DO TAKE ISSUE WITH THE PROPERTY POTENTIALLY BEING REZONED TO LC FIVE D, WHICH WOULD THEN MAKE THE PROPERTY OPEN TO FUTURE BUSINESSES, SUCH AS OUTDOOR ENTERTAINMENT, VENUES, OR INDUSTRIAL WAREHOUSE, HEAVY COMMERCIAL SERVICE THAT WOULD DRAMATICALLY IMPACT THE VALUE OF OUR PROPERTY AND EVERY OTHER PROPERTY IN OUR NEIGHBORHOOD.

AT THE LEAST, I WOULD ASK THAT THE ZONING COMMISSION AND OR CITY COUNCIL PUT SOME RESTRICTIONS ON WHAT CAN BE BUILT AND OPERATED ON THAT LAND OR MORE PREFERABLY KEEP IT ZONED A SINGLE FAMILY RURAL, BUT TRY TO IMPLEMENT A GRANDFATHER CLAUSE THAT WOULD ALLOW MOON VALLEY TO STILL RUN ITS NURSERY ON THOSE 8.78 ACRES.

SINCE THE NURSERY HAS OPERATED ON THAT ACREAGE BEFORE YET PREVENT ANY FUTURE BUSINESSES OR BUILDINGS THAT WOULD IMPACT HOMEOWNERS IN THE COLD SPRINGS NEIGHBORHOOD.

THEN WE HAVE EMILY KA CHUCK, THE MATERIALS THAT WERE MAILED ARE CONTRADICTORY AND CONFUSING.

THE LETTER STATES THAT THE PROPERTY WOULD BE INTENDED FOR LOCAL COMMERCIAL USE THE SITE COMPONENTS AND ARCHITECTURAL COMPONENTS ARE TYPE FIVE AND TYPE D BOTH WHICH ARE TO BE PAIRED WITH GC HC OR HI COMMERCIAL AND INDUSTRIAL.

WE CATEGORICALLY OPPOSE HEAVY COMMERCIAL AND INDUSTRIAL PROPERTIES BEHIND OUR HOME.

WE HAVE NO DESIRE TO BE LOCATED NEXT TO AN OUTDOOR FUELING OR WASHING OF VEHICLES, OUTDOOR ENTERTAINMENT OR ANIMAL BOARDING, ALL OF WHICH ARE PERMITTED UNDER THIS DESIGNATION.

FURTHERMORE, THE DOCUMENT STATES THAT BOTH DESIGNATIONS

[00:30:01]

THE PROPERTY IN QUESTION IS BOTH ADJACENT TO A RESIDENTIAL PROPERTY AND ALONG A, A MAJOR THOROUGHFARE.

THERE IS NOT A SUFFICIENT BUFFER BETWEEN OUR PROPERTY AND THE PROPERTY.

IN QUESTION TO WARRANT A REZONING TO A COMMERCIAL PROPERTY, THE BUFFER CONSISTS OF OUR WOODEN RESIDENTIAL FENCE AND THEIR WIRE FENCE AND A FEW FEET OF EASEMENT IN BETWEEN.

NOTHING EXISTS TO PROTECT OUR HOMES FROM NOISE AND LIGHT POLLUTION CREATED BY COMMERCIAL PROPERTIES.

THE CURRENT TRAFFIC INGESTION ON ROUTE REAGAN BOULEVARD CANNOT HANDLE ANOTHER COMMERCIAL PROPERTY WITHOUT REDESIGNING THE ENTRANCE SLASH EGRESS TURNING LANES FOR ENTERING AND MERGE LANES FOR EXITING TRAFFIC WOULD BE NEEDED BEFORE ADDING COMMERCIAL TRAFFIC TO THAT PROPERTY.

ADDITIONALLY, LARGE TRUCKS FOR HEAVY COMMERCIAL OR INDUSTRIAL USE EXITING THAT PROPERTY AND ENTERING A 65 MILE AN HOUR ROADWAY ARE LIKELY TO CAUSE UNNECESSARY COLLISIONS, GIVEN THAT THE LC DESIGNATION IS INCOMPATIBLE WITH TYPE FIVE AND TYPE D DESIGNATIONS.

WE'D LIKE TO KNOW WHAT IS PLANNED FOR THE PROPERTY.

IN QUESTION ONE WAS THE COMMERCIAL USE IS INTENDED TWO, WHAT BUILDINGS ARE PLANNED THREE, HOW MUCH PAVEMENT PARKING WILL BE ADDED FOUR.

HOW WILL TRAFFIC BE HANDLED BY WHAT PROTECTIONS FOR OUR PROPERTY ARE PLANNED? THANK YOU FOR YOUR CONSIDERATION.

THAT'S ALL THE COMMUNICATION I HAVE.

IS THERE ANYBODY ELSE WISHING TO SPEAK ON THIS ITEM? SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING AND ENTER DISCUSSION.

I'LL BEGIN DOWN HERE WITH COMMISSIONER CARPENTER.

DO I, IF I'M READING THIS CORRECTLY, THEY'VE PROHIBITED A, A WHOLE LOT OF THE USES THAT EVERYBODY'S MENTIONING ARE N NOT CONDUCIVE TO WHAT THEY WANNA SEE.

SO THEY'RE BASICALLY, UH, THE ONLY ALLOWABLE LOOSES USES THEY'RE GONNA BE ABLE TO DO AS A NURSERY, UH, A HANDY CRAFT SALES AS PART OF THAT NURSERY AND RETAIL SALES OF NEW PRODUCT AND SERVICES, WHICH TO ME IS A LITTLE VAGUE.

WHAT IS EXACTLY DOES THAT MEAN? SO THAT'S SOMETHING IN CAREER QUEST, UM, IS MADE MORE SPECIFIC.

YEAH, BUT I MEAN, IT WOULD ALLOW FOR RETAIL SALE OF GOODS, BUT THEY'RE BASICALLY PROHIBITED BANKS, FUNERAL HOMES, ANY SORT OF ENTERTAINMENT, YOU KNOW, FOR ALL THE STUFF THAT EVERYBODY IS OBJECTING TO IS A PROHIBITED USE.

SO IF SOMEBODY CA SOLD THE PROPERTY OR THE NURSERY STOPPED BEING, THEY WOULD HAVE TO COME BACK AND REZONE THAT FOR THAT, OR THEY'D HAVE TO ASK FOR SOMETHING DIFFERENT TO BE ABLE TO DO ANYTHING ELSE ON THAT PROPERTY.

CORRECT.

OKAY.

AND THE OTHER THING DIDN'T, THEY MENTION THEY WOULD BE PUTTING IN A MASONRY FENCE ALONG THE SOUTH SIDE, IT'S REQUIRED BY OUR ORDINANCE THAT THEY, SO THERE'S GONNA BE A MASONRY FENCE SEPARATING THAT FROM THE CORRECT FROM THE REAL ESTATE.

OKAY.

THOSE ARE MY QUESTIONS COMMISSIONER.

OKAY.

I'VE GOT A QUESTION FOR THE APPLICANT ON THE PUT DOCUMENT, WHICH IS, UH, D ONE C WHERE THEY'RE MENTIONING RETAIL, YOU'RE MENTIONING RETAIL SALES OF NEW PRODUCT AND SERVICES.

UM, YOU KNOW, A SAYS RETAIL NURSERY, WHICH I ASSUME ALL THAT GOES WITH THAT, YOU KNOW, BAGS OF THIS AND THAT, YOU KNOW, LIKE A NORMAL NURSERY.

SO WHAT EXACTLY IS C SO C WOULD BE THE, KIND OF THE SAME AS THAT, LIKE THE POTS OR THE LITTLE PLASTIC SAUCERS OR, YOU KNOW, THE ACCESSORIES THAT SOME PEOPLE WOULD LIKE TO HAVE WITH THEIR PLANTS DECORATIVE DECORATIVE THINGS.

YEAH.

OKAY.

UM, WE COULD, UM, UPDATE IT TO, TO SAY RETAIL NURSERY AND, UM, ACCESSORY GOODS AND THEN ELIMINATE SEA.

CAUSE I THINK THAT WOULD SOLVE A LOT OF THE CONFUSION THAT PROBABLY WOULD CAUSE I THINK THAT'S CONFUSING PEOPLE.

OKAY.

THANK YOU.

THAT'S THE QUESTION I HAD FOR YOU.

ABSOLUTELY.

YEAH.

THANK YOU.

UM, THE, UM, YOU KNOW, THE ZONING GOES WITH THE, THE PROPERTY, NOT THE PROJECT NECESSARILY.

SO I THINK THAT WHERE THE CONFUSION IS COMING IN IS, IS THE ZONING IS LOCAL COMMERCIAL.

IT IS MEANT IT IS COMPATIBLE WITH BEING ADJACENT TO A RESIDENTIAL AREA BECAUSE THE HOURS ARE RESTRICTED.

THIS IS ACTUALLY LIKE THE STAFF WAS SAYING A LESS INTENSE USE THAN WHAT THEY COULD BE ALLOWED UNDER GENERAL COMMERCIAL.

IT'S GOING TO, YOU KNOW, OPERATE LIKE A PLANT NURSERY, UH, THE OUTSIDE STORAGE, THE PLANT THAT'S FOR THE PLANTS.

I MEAN, THEY HAVE TO BE OUTSIDE.

AND I THINK THAT'S WHERE IT'S, IT'S GETTING CONFUSING IS THE FIVE AND THE D GO WITH SOME OTHER ZONING THAT HAVE DIFFERENT USES, BUT THE ZONING IS STILL LOCAL COMMERCIAL PERIOD.

AND HAS THEY'VE GONE IN AND PROHIBITED CERTAIN USAGE, WHICH WOULDN'T BE COMPATIBLE NEXT TO NEIGHBORHOOD.

AND AGAIN, THE HOURS WOULD BE RESTRICTED.

SO IT IS MEANT TO BE COMPATIBLE AND SOMEBODY WOULD HAVE TO, IF THEY DECIDE THEY'RE NOT GOING TO DO THIS OR, OR, YOU KNOW, BACK OUT OF THE PROJECT, THEN SOMEONE HAS TO COME BACK IN FOR NEW ZONING AND GO THROUGH THIS WHOLE THING AGAIN WITH, YOU KNOW, THE PLANNING AND ZONING AND THE COUNCIL.

SO HOPE THAT CLARIFIES SOME OF IT.

THAT'S ALL I HAD

[00:35:01]

I'M I'M SORRY, WE CAN'T.

I'M SORRY.

YOU CAN'T DO THAT.

COMMISSIONER HAMPTON.

I JUST HAVE A QUESTION FOR APPLICANT ALSO.

IS THERE, UM, SO IS THERE LIKE A LEASE AGREEMENT FOR A NUMBER OF YEARS OR IS JUST, UM, WHAT'S THE TERMS I'M SO GLAD YOU ASKED THAT QUESTION.

SO LES BLAKE IS THE OWNER OF LAS VEGAS, LLC.

THAT IS THE PROPERTY HOLDING COMPANY FOR MOON VALLEY NURSERIES, MOON VALLEY NURSERIES IS THE OPERATIONAL COMP COMPANY FOR THE, THE NURSERY.

SO THEY'RE, THEY'RE TIED TOGETHER.

UM, THEY'RE, THEY'RE KIND OF ONE AND THE SAME, BUT IT'S, IT'S THE LEGAL DOCUMENTS THAT, THAT KIND OF SEPARATE THEM.

DOES THAT ANSWER YOUR QUESTION? IS THERE LIKE THE NUMBER OF YEARS THAT, UH, I GUESS I WAS LOOKING FOR, IF THERE WAS LIKE A THREE YEAR AGREEMENT FOR THIS NURSERY TO BE IN PLACE, BUT THERE'S INDEFINITE AGREEMENT.

OKAY.

MM-HMM PERFECT.

UM, AND THEN AT THIS TIME, I THINK MICHAEL MENTIONED THAT YOU'RE GONNA DO A HUNDRED PERCENT MASONRY ON ALL NEW BUILDINGS, BUT DIDN'T SOUND LIKE YOU'RE GONNA DO ALL, ANY NEW BUILDINGS AT ALL.

YOU'RE GONNA KEEP EVERYTHING AS IS THAT'S CORRECT? YES.

WE DON'T WANNA DO ANY NEW CONSTRUCTION OVER THERE BESIDES THE MASONRY WALL.

WE DO WANT TO PUT THAT MASONRY WALL THERE.

OKAY.

THANK YOU.

MM-HMM COMMISSIONER MOS.

HELLO EVERYBODY.

UM, I JUST WANTED TO, UM, MAKE SURE IT IS CLARIFIED THAT IF, UH, THE CURRENT, UH, PERSON WANTS TO SELL OR WHATEVER, AND SOMEBODY NEW COME IN, THEY WILL HAVE TO COME BACK TO THE BOARD TO, UH, CHANGE ANY ZONING.

RIGHT NOW.

I DON'T HAVE A ISSUE WITH THE ZONING BECAUSE OF ALL THE RESTRICTIONS, BUT IF SOMETHING ELSE IS GONNA HAPPEN NEW OR WHATEVER, I JUST WANT TO MAKE SURE THAT IT'S CLEAR TO EVERYONE THAT YOU'RE GONNA HAVE TO COME BEFORE THE BOARD AGAIN.

AND THAT'S ALL I HAVE TO SAY.

COMMISSIONER MAY JUST ONE QUESTION FOR THE APPLICANT.

UM, THIS IS RESELL ONLY, THERE'S NO LIKE MANUFACTURING WHERE THEY WOULD CREATE MULCH OR THERE THEY'RE THERE IT'S STRICTLY RETAIL, CORRECT? THAT'S CORRECT.

MM-HMM , IT'S THE ONLY QUESTION I HAD VICE CHAIRMAN.

I DON'T HAVE ANY QUESTIONS FOR YOU, JEN.

IT'S MORE FOR STAFF.

UM, SO MY, MY QUESTION GOES AROUND THE, THE INCOMPATIBILITY WITH THE, UM, TYPE FOUR AND FIVE, WELL, ACTUALLY IT WOULD BE TYPE FOUR AND FIVE COMPONENTS WOULD BE SOMEWHAT INCOMPATIBLE WITH THIS AND THE TYPE D THE RESTRICTIONS THAT ARE PLACED BECAUSE ITS OWN LOCAL COMMERCIALS SUPERSEDE WHAT IS SHOWN AS BEING ALLOWED IN THE TYPE FIVE.

I JUST WANTED TO MAKE SURE THAT THAT WAS ON THE RECORD SO THAT EVERYONE UNDERSTANDS THAT.

AND THERE ARE SOME, YOU KNOW, INCONSISTENCIES IN THAT WHERE IT SAYS THE TYPE FIVE ENTERTAINMENT, VI VENUES AND ANIMAL BOARDING.

UM, BUT THAT WOULDN'T BE ALLOWED BECAUSE IT'S A LOCAL COMMERCIAL ZONE.

SO I JUST WANTED TO MAKE SURE THAT EVERYONE WAS CLEAR OF THAT AND NOT, NOT HAVING TO WORRY ABOUT THINGS LIKE THAT.

GOING BACK TO THE, THE FAMOUS SAYING, IF IT'S SOLD, IT'S STILL LOCAL, COMMERCIALLY ZONED.

SO THEY COULDN'T JUST COME IN AND BRING IN A, UM, THAT WITH ALL THE RESTRICTED USES.

SO IT'S SOLD AS IT WOULD BE THE APPROVED ZONING WOULD BE, WHICH MEANS BASICALLY ONLY SOMEONE COULD DO A NURSERY IN THERE IF IT'S SOLD, UM, GIVEN THE WAY THAT THIS, UH, PUD IS WRITTEN.

UM, AND SINCE WELL, WE'RE ON VIDEO NOW, SO IT'S NOT JUST RECORDED.

I, I CAN SAY THAT, YOU KNOW, MS. GRIFFIN WAS SHAKING HER HEAD.

YES.

TO MY YES.

STATEMENT.

YES.

OKAY.

THANK YOU.

UM, MY, I DO, I DO HAVE A QUESTION THOUGH, IS WHY, WHY DID WE GEAR THE, THE APPLICANT TOWARDS THE TYPE FIVE, UM, WHEN TYPE FOUR STATE'S SUBSTANTIAL OUTDOOR STORAGE AS WELL.

CAUSE IT SEEMS LIKE THAT'S WHY THEY WERE WANTING THE TYPE FIVE SITE COMPONENT VERSUS SOMETHING OF A LESSER, LESSER INTENSITY.

I THINK IT'S CUZ THEY WANTED THE UNLIMITED STORAGE FOR THE PLANTS AND OTHER MATERIALS.

OKAY.

GOT IT.

UH, AND THEN I, I, I BEING LAST IS NO FUN BECAUSE EVERYBODY SAID EVERYTHING I WANTED TO SAY ANYWAY.

UM, I, I WILL JUST LIKE TO REMIND THOUGH THIS IS FOR ELLEN.

UH, I'D LIKE TO REMIND THAT THE, THE THREE FOLKS WHO SPOKE, UH, THE FIRST GENTLEMAN IN MS. FLORES AND MS. HILL, IF YOU, IF YOU WOULD PLEASE THERE'S COMMENT CARDS OUT IN THE BACK.

IF YOU COULD JUST WRITE YOUR NAME ON THAT, THAT WAY WE HAVE IT FOR THE RECORD AND GIVE IT TO MISS ELLEN DOWN THERE ON THE END BEFORE YOU LEAVE, WE WOULD GREATLY APPRECIATE THAT.

THAT'S IT? MS. CHAIR.

THANK YOU.

VICE CHAIR.

UM, I, I WILL TELL REPOSITION WHEN I FIRST SAW AND I SAW LC FIVE D MY FIRST REACTION WAS NO, BUT THEN WHEN I

[00:40:01]

UM, AND WHEN IT SOLD, IF SOMEBODY WANTS TO DO SOMETHING OTHER THAN A NURSERY, THEY HAVE TO COME BACK BEFORE THIS BOARD AND GET THIS BOARD'S APPROVAL OR, OR, AND THE, AND THE CITY COUNCIL'S APPROVAL.

UM, SO IF YOU ARE NOT OPPOSED TO HAVING A NURSERY, THIS IS OKAY, RIGHT.

IF YOU ARE NOT OPPOSED TO HAVING A NURSERY, THIS WILL BE WHAT YOU WILL GET.

UM, THAT BEING SAID, THIS IS AN ACTION ITEM AND I WILL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE.

I HAVE A MOTION TO APPROVE BY THE RIGHT SHARE WITH THE, THE EDIT, UH, THAT LAURA PRESENTED, UM, IN D ONE, EDIT A, TO SAY YES, RETAIL, NURSERY AND ASSOCIATED GOODS, AND THEN REMOVE C CORRECT WITH THAT, WITH THAT.

YES.

THAT'S ALL COMPLICATED.

I HAVE A, UH, I HAVE A MOTION TO APPROVE, UM, WITH THE, UH, EDIT.

DO I HAVE A SECOND? I'LL SECOND.

I HAVE A SECOND BY COMMISSIONER CARPENTER, ALL IN FAVOR, OPPOSED MOTION CARRIED UNANIMOUSLY

[11. Conduct a Public Hearing regarding Zoning Case 22-Z-027 to amend the current zoning of Interim SFR-1-B (Single-Family Rural) to adopt the 50 High Gabriel Minor PUD (Planned Unit Development) with a base zoning of GC-3-A (General Commercial) on one parcel of land approximately 1.59 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R474021; and more commonly known as 50 High Gabriel East, Leander, Williamson County, Texas. Discuss and consider action regarding Zoning Case 22-Z-027 as described above. Staff Presentation Applicant Presentation Open Public Hearing Close Public Hearing Discussion Consider Action]

ONE B TO ADOPT A 50 GABRIEL MINOR PUT WITH BASE ZONING OF GC THREE, A ON ONE PARCEL OF LAND, APPROXIMATELY 1.59 ACRES PLUS OR MINUS IN SIZE, MORE PARTICULARLY DESCRIBED BY WILLIAMSON COUNTY APPRAISAL DISTRICT PARCEL R 4 74 0 2, 1 AND MORE COMMONLY KNOWN AS 50 HIGH GABRIEL EAST LEANDRO, WILLIAMSON COUNTY, TEXAS STAFF PRESENTATION.

THANK YOU.

UH, SO I WANNA MAKE A CORRECTION, THE, UH, REPRESENTATIVE HERE TONIGHT, UH, FOR KIRKMAN ENGINEERING IS MR. PATRICK FOLSON.

UM, THE OTHER GENTLEMAN HAD A PREVIOUS ENGAGEMENT.

UM, SO THIS REQUEST IS THE FIRST STEP IN THE ZONING PROCESS.

UH, THE APPLICANT HAS SUBMITTED A REQUEST TO CHANGE THE DESIGNATED ZONING DISTRICT OF THEIR PROPERTY IN ORDER TO DEVELOP OFFICE AND RETAIL USES ON THE PROPERTY.

IT'S CONTINUATION.

THIS PROPERTY IS SUBJECT TO THE, UH, TO N ANNEXATION REQUEST.

IT IS 22, A 0 0 7.

THAT'S THE PROJECT NUMBER IN CASE YOU WANNA FOLLOW ALONG, WHICH WILL RUN CONCURRENTLY WITH THE ZONING REQUEST.

THE REQUESTED ANNEXATION AND ZONING IS IN LINE WITH A PREVIOUSLY APPROVED 50 HIGH GABRIEL EAST MINOR PUT, UH, WHICH IS ORDINANCE 22, 0 52 DASH ZERO ZERO, AND WOULD SERVE AND IS AS AN ADDITION TO THIS DEVELOPMENT, UH, STAFF RECOMMENDS APPROVAL, UH, TO, TO KIND OF SET THE SCENE FOR THE AREA, LET'S SEE TO THE NORTH IS ETJ AND INTERIM SFS, TWO B, WHICH IS UNDEVELOPED TO THE EAST IS ALSO ETJ.

AND IT IS A RESIDENTIAL, UH, TRACT TO THE SOUTH IS A PLANNED UNIT DEVELOPMENT OR A POD, UH, THAT IS ALSO RESIDENTIAL.

AND IT IS THE BRYCESON SUBDIVISION, UH, TO THE WEST IS THE, UH, 50 HIGH GABRIEL, UH, EAST PU, UM, AND SITS UNDEVELOPED, UH, TODAY.

SO THIS PROPERTY IS LOCATED SOUTHEAST OF THE INTERSECTION OF 180 3, A TOLL ROAD AND HIGH GABRIEL EAST.

THE TRACK IS BOUND TO THE NORTH BY AN UNDEVELOPED LOT AND TO THE EAST, BY A LARGE LOT, RESIDENTIAL GET AN AERIAL, UH, PHASE TWO SECTION.

ONE OF THE BRYSON SUBDIVISION IS SOUTH OF THE TRACT AND THE EAST, UH, TRACK IT'S.

THE REMAINDER OF THE TRACK IS AN UNDEVELOPED, UH, PORTION THAT IS 50 HIGH GABRIEL EAST PUT WITH THE BASE ZONING OF GC THREE, A, UH, THE PROPERTY, UH, IS CURRENTLY OUT OF THE FLOOD PLAIN IT'S UNDEVELOPED, AND IT CONTAINS SIGNIFICANT TREE COVER, WHICH WILL BE SUBJECT TO LEANDER TREE PRESERVATION REQUIREMENTS AND MITIGATION.

AT THE TIME OF SITE DEVELOPMENT, THE PROPERTY HAS ACCESS ONTO 50 HIGH GABRIEL EAST, UH, DRIVEWAYS ALONG HIGH GABRIEL WILL BE REVIEWED BY THE ENGINEERING STAFF AT SITE DEVELOPMENT STAGE.

THE DRIVEWAY SPACING ALONG HIGH GABRIEL WILL BE, UH, DICTATED BY THE AUSTIN TRANSPORTATION, UH, CRITERIA MANUAL.

THE ULTIMATE BUILD OUT OF HIGH GABRIEL MAY BE DETERMINED BY THE ENGINEERING DEPARTMENT DURING THE DEVELOPMENT PROCESS.

ADDITIONALLY, THE APPLICANT WILL SUBMIT EITHER A TIA TRAFFIC IMPACT ANALYSIS OR A FEE IN LIEU OF A TIA AS DETERMINED BY THE CITY ENGINEER.

AGAIN, THE PROPERTY IS, UH, UNDEVELOPED AND UNPLATTED AT THE, AT THE TIME THIS PROPERTY HAS ACCESS TO BOTH WATER AND SEWER TO THE SOUTH, THROUGH THE BRYSON SUBDIVISION.

THAT'LL BE WORKED OUT WITH THE, UH, SITE DEVELOPMENT AS WELL, OR PS PLANS IF THOSE ARE, UH, NEEDED.

[00:45:02]