* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] GOOD [CALL TO ORDER] AFTERNOON. IT IS 2:32 PM ON AUGUST 22ND, 2024. I'M LISA CLARK, YOUR CHAIR OF THE HOUSTON PLANNING COMMISSION, AND I'M CALLING THIS MEETING TO ORDER AS AN IN-PERSON MEETING AT THE CITY HALL ANNEX AT 900 BAGBY. ALTHOUGH THERE IS NO LONGER A VIRTUAL PARTICIPATION OPTION, YOU MAY MONITOR THE MEETING BY VIEWING HTV AND THEIR SOCIAL MEDIA SPEAKERS. IF YOU WISH TO ADDRESS THE COMMISSION ON AN ITEM, PLEASE FILL OUT THE SPEAKER'S FORM BEFORE THE ITEM IS CALLED AND TURN IT INTO STAFF NEAR THE FRONT DOOR. TO ESTABLISH A QUORUM OF 11 MEMBERS, I WILL CALL THE ROLE CHAIR CLARK IS PRESENT. VICE CHAIR GARZA. PRESENT, COMMISSIONER ALLMAN ALLMAN. PRESENT, COMMISSIONER BALDWIN BALDWIN. PRESENT, COMMISSIONER COVAR COVAR. PRESENT, COMMISSIONER. HES AJ PRESENT. COMMISSIONER HINES HINES PRESENT. COMMISSIONER JONES JONES. PRESENT, COMMISSIONER KLI KHALI PRESENT. COMMISSIONER MAREZ PRESENT, COMMISSIONER POROUS PERLE. COMMISSIONER POROUS PERLE. PRESENT. COMMISSIONER ROBBINS ROBBINS PRESENT. COMMISSIONER ROSENBERG ROSENBERG. PRESENT. COMMISSIONER SEGLER IS ABSENT. COMMISSIONER STEIN STEIN PRESENT. COMMISSIONER TAHIR IS ABSENT. COMMISSIONER VICTOR PRESENT. COMMISSIONER VIRA BLAND. VIRA BLAND PRESENT. COMMISSIONER DALTON IS ABSENT. COMMISSIONER KANE IS ABSENT. AND COMMISSIONER MONDE PKA IS ABSENT. AND DIRECTOR OF TRAN TRAN PRESENT. GREAT. WE HAVE A QUORUM OF 17 MEMBERS. MEMBERS, I JUST WANNA REMIND YOU, IF YOU NEED TO LEAVE THE MEETING, PLEASE. SO STATE VERBALLY INTO THE MICROPHONE SO THERE'S A CLEAR PUBLIC RECORD. OKAY. UH, I WILL NOW TELL EVERYONE THAT THE FOLLOWING ITEMS HAVE BEEN WITHDRAWN. SO WHAT THAT MEANS IS WE'LL NOT CONSIDER THEM TODAY. ITEM NUMBER 93 ESTATES AT KERRY STREET AND NUMBER 95 FORT BEND COUNTY MUD NUMBER 58. THAT'S MUNICIPAL UTILITY. DISTRICT NUMBER 58, WATER PLANT. AND NUMBER TWO, EXTENSION. OKAY, [Director’s Report ] I'LL NOW CALL FOR THE DIRECTOR'S REPORT. GOOD AFTERNOON, CHAIR CLARK AND COMMISSION MEMBERS. I AM VON TRAN, SECRETARY OF THIS COMMISSION AND DIRECTOR OF THE HOUSTON PLANNING AND DEVELOPMENT DEPARTMENT. I WELCOME YOU TODAY TO TODAY'S PLANNING COMMISSION MEETING. IF YOU HAVE QUESTIONS, THE PLANNING AND DEVELOPMENT DEPARTMENT CAN BE REACHED AT (832) 393-6600. OR YOU CAN CALL THE DEVELOPMENT SERVICES PLANNER OF THE DAY AT 8 3 2 3 9 3 6 6 2 4. AS ALWAYS, PLEASE VISIT OUR WEBSITE@HOUSTONPLANNING.COM FOR DETAILS AND SEE. LET'S TALK HOUSTON FOR MORE COMMUNITY ENGAGEMENT INFORMATION. THIS CONCLUDES MY DIRECTOR'S REPORT. THANK YOU. THANK YOU. DIRECTOR TRAN. OKAY, SO COMMISSIONERS IN [Consideration of the August 8, 2024, Planning Commission Meeting Minutes and the amended minutes of June 27, 2024 ] YOUR PACKET, UM, ARE THE MEETING MINUTES FOR AUGUST 8TH AND AMENDED MEETING MINUTES OF THE JUNE 27TH, 2024 MEETING. I NEED A MOTION AND A SECOND TO APPROVE THESE MINUTES. MOTION GARZA. MOTION GARZA. SECOND. SECOND BALDWIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. OKAY, [Platting Activities a & b] OUR NEXT ITEM, WE'LL MOVE ON TO ROMAN NUMER ONE PLATTING ACTIVITY. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS KEN CALHOUN. SECTIONS A AND B ARE PRESENTED AS ONE GROUP, WHICH INCLUDES CONSENT AND REPLAY ITEMS NOT REQUIRING NOTIFICATION. SECTION A AND B ARE ITEMS ONE THROUGH 88 SECTION A. CONSENT ITEMS ARE NUMBER ONE THROUGH 55 AND SECTIONS B REPL ITEMS ARE NUMBER 56 THROUGH 88. MADAM CHAIR, WE HAVE A CHANGE IN, UH, STAFF RECOMMENDATION FOR ITEM NUMBER SEVEN. CREEK MON AT GARDEN OAKS HAS BEEN CHANGED FROM DEFER TO APPROVE. NO ITEMS NEED BE TAKEN OUT OF ORDER AND THERE ARE NO OTHER CHANGES OF STAFF RECOMMENDATION. MADAM CHAIR, IF THERE'S NO INDIVIDUAL ASSIGNED TO SPEAK ON THESE ITEMS, THE PLAN DEVELOPMENT DEPARTMENT REQUEST THE APPROVE OF ALL STAFF RECOMMENDATIONS FOR CONSENT AND RELA ITEMS NOT REQUIRE NOTIFICATION. THANK YOU. COMMISSIONERS. DO I HAVE ANY ABSTENTIONS? I BELIEVE, UH, COMMISSIONER HYS? YES. UH, MADAM CHAIR, I NEED TO ABSTAIN FROM ITEMS 13 AND 16 THROUGH 19. OKAY. COMMISSIONERS. ANY OTHERS? UM, YES. I NEED TO ABSTAIN FROM ITEM 32. [00:05:01] THREE TWO. OKAY. SO I NEED A MOTION AND A SECOND TO APPROVE STAFF RECOMMENDATION FOR ALL ITEMS, SAVE AND ACCEPT. 6 13, 16, 17, 18, 19, AND 32. MOTION BALDWIN. SECOND COLLE. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. NOW WE'LL VOTE ON THE REMAINING ITEMS. ITEMS 13 AND 16 THROUGH 19. AND ITEM 32, MAY I HAVE A MOTION AND A SECOND? MOTION OUS PER MOTION POURS PER SECOND JONES. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. OKAY, WE'LL MOVE ON TO, UM, ITEM C, RELAS REQUIRING PUBLIC HEARING. GOOD AFTERNOON. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS DORIAN FL. ITEM 89 IS BRISCOE FALLS, SECTION SIX. THE SITE IS LOCATED IN FORT BEND COUNTY AND HOUSTON EXTRA TERRITORIAL JURISDICTION SOUTH OF WESTERN SAGE LANE EAST OF FM 7 23. THE REASON FOR REPL IS TO CREATE 83 LOTS AND EIGHT RESERVES. THE APPLICANT IS ALSO SEEKING A VARIANCE TO REPLAY A LANDSCAPE AND OPEN SPACE RESERVE CREATED WITH THE BRISCO FALLS SECTION FIVE IN 2017 INTO SINGLE FAMILY LOTS. THE APPLICANT HAS MET ALL NOTIFICATION REQUIREMENTS AND REVIEW BY LEGAL INDICATES THAT THIS PLAT WILL NOW VIOLATE RESTRICTIONS FILED SEPARATELY STAFF'S STAFF RECEIVE THE PROTEST REP REPRESENTED BY PROPERTY OWNERS IN THE SUBDIVISION, DIRECTLY AFFECTED BY THE RE PLAT STAFF'S. RECOMMENDATION IS DE FURTHER PLAT FOR FURTHER STUDY REVIEW. ALLOW THE APPLICANT TIME TO MEET WITH THE COMMUNITY AND PROVIDE REVISED INFORMATION BY NOON NEXT WEDNESDAY, THE PROTESTS INDICATED CONCERNS FOR THE IMPACT OF THE NUMBER OF HOUSES BEING BILLED, EFFECTS ON TRAFFIC AND PARKING AND THE NEED FOR RECREATIONAL SPACES. MADAM CHAIR PLEASES COMMISSION. YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU MS. FLM. UH, WE'LL OPEN THE PUBLIC HEARING FOR ITEM NUMBER 89. I HAVE ONE SPEAKER SIGN TO SPEAK MCCALL HODGES, JUST THE QUESTIONS. OKAY. JUST FOR QUESTIONS ONLY. THANK YOU, COMMISSIONERS. DO WE HAVE ANY QUESTIONS? OKAY. SO I'LL CONTINUE THE PUBLIC HEARING AND ASK FOR A MOTION AND A SECOND TO DEFER ITEM NUMBER 89, MOTION GARZA. MOTION GARZA. SECOND VERA BLAND. SECOND VERA. BLAND. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. ITEM 90 IS CARESS VILLA. THE SITE IS LOCATED IN THE CITY NORTH OF ALONG CAR CARESS STREET OR CAR STREET, NORTH OF WEST TIDWELL ROAD. THE PURPOSE OF THE REPLAY IS TO CREATE ONE RESIDENTIAL LOT AND REVISE THE FRONT BUILDING LINE FROM 25 FEET TO 20 FEET. THERE ARE NO VARIANCE REQUESTED WITH THIS ITEM AND THE APPLICANT HAS MET ALL NOTIFICATION REQUIREMENTS. REVIEW BY LEGAL INDICATES THAT THIS PLAT WILL VIOLATE RESTRICTIONS FILED SEPARATELY. THE PLAT WAS DEFERRED AT THE LAST PLANNING COMMISSION PER THE APPLICANT'S REQUEST. THE APPLICANT HAS REQUESTED A SECOND DEFERRAL TO MEET WITH THE HOMEOWNER'S ASSOCIATION. STAFF HAS NOT RECEIVED ANY ADVANCED COMMENTS FOR THIS ITEM. STAFF'S RECOMMENDATION IS TO DEFER THE PLA PER THE APPLICANT'S REQUEST. MADAM CHAIR, IF IT PLEASES COMMISSION, YOU MAY CONTINUE THE PUBLIC HEARING. FOR THIS ITEM AT THIS TIME, ITEM NUMBER 90. PUBLIC HEARING IS CONTINUED. AND I HAVE ONE SPEAKER, MS. JOYCE OWENS, DOCUMENT CAMERA PLEASE. GOOD AFTERNOON, PLANNING COMMISSIONERS. MY NAME IS JOYCE OWENS. O-W-E-N-S. I'M BEFORE YOU TODAY I REPRESENT THE APPLICANT. UH, JUST WANNA GIVE YOU A LITTLE INFORMATION ABOUT WHY WE WERE ASKING FOR A 20 FOOT BUILDING LINE. THE DEED RESTRICTIONS WERE RECORDED, I THINK IN THE FIFTIES, AND UNFORTUNATELY IT SAYS BOTH THAT THEY HAVE TO ABIDE BY THE 25 FOOT BUILDING LINE ON THE RECORDED PLAT AS WELL AS THEY'RE ALLOWED TO HAVE A 20 FOOT BUILDING LINE. WHERE, WHERE ARE WE UP HERE? SO I JUST WANTED TO SHOW YOU, THE HOUSE ITSELF SITS, UH, ADHERES TO THE 25 FOOT BUILDING LINE. THE HOUSE IS ON A CUL-DE-SAC, SO THE VERY CORNER OF THE CEMENT PORCH IS WHAT'S ENCROACHING INTO THE 25 FOOT BUILDING LINE. CAN YOU SHOW 'EM THE SURVEY FOR ME PLEASE? SO THAT'S THE AREA WE'VE BEEN WORKING WITH, THE HOMEOWNERS ASSOCIATION. IT IS THEIR UNDERSTANDING THAT IT WAS A 20 FOOT BUILDING LINE. UH, APPARENTLY, WELL THE ONES THAT ARE HERE NOW ARE NOT THE ONES WHO WROTE THE DEEP RESTRICTIONS. SO WE'RE NOW TRYING TO SEE LEGALLY [00:10:02] IF THEY CAN JUST DO AN AFFIDAVIT OF CORRECTION, IF THERE'S SUCH A THING. UH, WHAT LEGAL WILL ACCEPT, UM, WHO AM OUT OF BREATH? I'M OUTTA BREATH. I'M SORRY. . UM, AND, AND THAT'S, I JUST WANTED TO GIVE YOU A LITTLE HISTORY. THE HOUSE ITSELF, THEY'RE NOT PROPOSING ANY NEW CONSTRUCTION AND I BELIEVE THEY WENT FOR A PERMIT TO DO SOME, UH, RENOVATIONS. AND THAT'S WHAT PROMPTED THIS WAS THE SURVEY, THAT LITTLE CORNER PIECE ON THE SIDE. OKAY. THANK YOU. COMMISSIONERS. ANY QUESTIONS? I HAVE ONE. YES. MR. OWIN IS THE CORNER PIECE WHEN YOU'RE TALKING ABOUT, IS THAT THE BUILDING OR IS THAT THAT LITTLE KIND OF PORCH SIDEWALK LOOKING THING? IT'S THE PORCH, THE LITTLE CONCRETE PATIO. SO IT'S JUST THAT LITTLE CONCRETE SPACE? YES, SIR. ON THE CORNER AND ENCROACHES A FOOT? UH, UH, NO, IT'S ABOUT FOUR FEET. OKAY. JUST THAT LITTLE ANGLE ON THE SIDE. AND IT'S BECAUSE OF THE WAY THE CUL-DE-SAC IS? YES. THEN THE DEEP, THEN THE 25 FOOT BUILDING LINE HAS TO FOLLOW THE SHAPE OF THE CUL-DE-SAC. BUT JUST THE CONCRETE, NOT THE HOUSE. CORRECT. OKAY. THANK YOU. AND THE HOUSE WAS CONSTRUCTED, I BELIEVE, I THINK AROUND 1971. OKAY. AND SO THAT'S WHAT BROUGHT US HERE TODAY. GREAT. GREAT. THANK YOU. OKAY. THANK YOU MS. OWENS. ANYONE ELSE? COMMISSIONER ROBBINS? UH, I I HAVE A QUESTION FOR LEGAL. IF THERE'S TWO CONFLICTING STATEMENTS IN A DEED RESTRICTION, DOES THE MOST NARROW OR THE MOST EXPANSIVE CONTROL? WELL, IN THIS CASE, I'M LOOKING AT THE, EXCUSE ME, THE DEED RESTRICTIONS. I DIDN'T REVIEW THIS ONE ACTUALLY, BUT I'M LOOKING AT THE NOTES AND IT SAYS THE DEED RESTRICTIONS SAY, IN ANY EVENT, NO BUILDING SHALL BE LOCATED ON ANY RESIDENTIAL BUILDING PLOT NEARER THAN 20 FEET TO THE FRONT LOT LINE NOR NEARER THAN 10 FEET TO ANY SIDE STREET LINE, UNLESS OTHERWISE NOTED ON THE RECORDED PLAT. AND THE RECORDED PLAT SHOWS A 25 FOOT BUILDING LINE. SO THAT'S WHY THAT CONTROLS. THANK YOU COMMISSIONER MORRIS. AND I GUESS ALSO A QUESTION FOR LEGAL. SO IT'S NOT LIKE THIS IS A VARIANCE REQUEST WE CAN CONSIDER BECAUSE, SO IF, IF Y'ALL'S INTERPRETATION STANDS, UM, I GUESS STAFF WILL WORK WITH MS. OWENS ABOUT, I MEAN, I THINK OF THIS WITH A VARIANCE REQUEST. NONE OF US WOULD HAVE ANY HEARTACHE ABOUT CONSIDERING IT, BUT IT'S NOT, SO I GUESS Y'ALL WILL WORK ON OTHER SOLUTIONS POTENTIALLY THAT COULD GET THEM INTO COMPLIANCE. I'M JUST TRYING TO FIGURE OUT IT'S NOT, IT'S NOT A, WE CAN'T INTERPRET THAT. I MEAN, WE CAN'T TAKE THAT INTO CONSIDERATION. YEAH. SO THAT'S WHY THEY'RE ASKING FOR THE DEFERRAL. YES. SO THAT THEY CAN WORK THROUGH THE ISSUE AND DETERMINE IS THERE AN AFFIDAVIT THAT CAN BE DONE? IS THERE, YOU KNOW, SOME ADJUSTMENT THAT CAN BE MADE? BECAUSE YOU'RE RIGHT, INDEED. RESTRICTIONS PREVAIL NO MATTER WHAT WE DO. SO IT'S NOT, OR AS I SAID, WILL THE PATIO BE CONSIDERED OKAY. RIGHT. SINCE IT'S NOT THE ACTUAL BUILDING. AND THAT'S THE THINGS THAT WE WANNA FIND OUT. AS YOU SAID, UH, COMMISSIONER, WE'D ALL, WE'D ALL BE BE FOR IT, BUT THIS IS DEEP RESTRICTIONS AND UNFORTUNATELY IT'S CONCRETE, SO, AND UNFORTUNATELY IT'S NOT. YEAH. IT'S AN UNFORTUNATE THING. BUT YOU KNOW, THAT IS, THAT IS FOR THE APPLICANT TO WORK THROUGH WITH, UM, LEGAL AND WITH THE ASSOCIATION. ANY OTHER QUESTIONS? NO. OKAY. THANK YOU MS. FLM? YES. CAN YOU RESTATE THE MOTION STAFF'S RECOMMENDATION IS TO DEFER THE PLAT PRINT THE APPLICANT'S REQUEST. THANK YOU. PRESENTATION PLEASE. WHAT WAS THAT THEREA PRESENTATION SCREEN HAD FOR THE RECOMMENDATION? OKAY. EXCUSE ME. MOTION TO DEFER STEIN. OKAY. MOTION STEIN. SECOND HINES. SECOND HINES. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. BUT I DON'T THINK I CLOSED THE, OR CONTINUED THE PUBLIC HEARING, SO YOU DID, DID I? OKAY. ALRIGHT. THANK YOU. OKAY, ITEM NUMBER 91 CASTLEWOOD MUD ADMINISTRATIVE CENTER. ITEM 91 CASTLEWOOD MUD ADMINISTRATIVE CENTER. THE SITE IS LOCATED AT SOUTH ALONG THORNBERRY CREEK LANE EAST OF WHEAT, SNOW LANE AND NORTH OF WEST GREEN BOULEVARD AND HOUSTON EXTRATERRITORIAL JURISDICTION IN HARRIS COUNTY, TEXAS. THE REASON FOR RE PLAT IS TO CREATE A 0.1745 ACRE RESERVE RESTRICTED TO ADMINISTRATIVE AND COMMUNITY CENTER USE. THE APPLICANT IS ALSO SEEKING A VARIANCE TO REPL A PORTION OF A DETENTION DRAINAGE RESERVE TO A RESERVE RESTRICTED TO ADMINISTRATIVE AND COMMUNITY CENTER USE. STAFF IS NOT IN SUPPORT OF THIS REQUEST. THE PROPOSED SITE IS A REPLANT OF A PORTION OF A 8.9544 ACRE RESERVE RESTRICTED TO DRAINAGE AND DETENTION CREATED WITH THE CASTLE ROCK SECTION TWO SUBDIVISION IN 2004. THE APPLICANT IS SEEKING TO RELA THE PORTION HIGHLIGHTED IN ORANGE, UM, A 0.1745 ACRE RESERVE INTO A RESERVE RESTRICTED TO ADMINISTRATIVE AND COMMUNITY CENTER USE. THE [00:15:01] PROPERTY IS OWNED BY THE CASTLEWOOD MUNICIPAL UTILITY DISTRICT WHO WOULD LIKE TO DEVELOP AN ADMINISTRATIVE AND COMMUNITY CENTER BUILDING ON THE SITE. THE APPLICANT IS PROPOSING A 2,935 SQUARE FOOT BUILDING WITH FIVE PARKING SPACES ALONG THORNBERRY CREEK LANE. THE BUILDING WOULD INCLUDE OFFICE, KITCHEN, MULTIPURPOSE AREA, CONFERENCE CENTER, AND PATIO AREA. IT WOULD BE USED FOR THE MUDS OFFICE AND MEETINGS WILL BE, WILL ALSO BE RENTED OUT FOR OTHER EVENTS. ALTHOUGH STAFF HAS RECEIVED A LETTER OF NO OBJECTION FROM THE CASTLE ROCK HOMEOWNERS ASSOCIATION ARCHITECTURAL COMMITTEE, THE RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO THE PROPOSED BUILDING ARE IN OPPOSITION TO THE PROPOSAL. THE RESIDENT EXPRESS CONCERNS OF INCREASED TRAFFIC, NOISE AND PARKING ISSUES IN THE AREA THAT APPLICANT HAS NOT ARTICULATED A HARDSHIP AND OTHER SITES CAN BE CONSIDERED FOR THE BUILDING. REVIEW BY LEGAL INDICATES THAT THE APPROVAL INDICATES THAT WITH THE APPROVAL FROM THE CASTLE ROCK, HOA OUR COMMITTEE FOR THIS PROPOSAL, THE PLAT WILL NOT VIOLATE RESTRICTIONS FILED SEPARATELY. STAFF'S RECOMMENDATION IS TO DENY THE REQUESTED VARIANCE AND DISAPPROVE THE PLAT MADAM CHAIR. IF IT PLEASES THE COMMISSION, YOU MAY CONTINUE THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU. THE PUBLIC HEARING FOR ITEM NUMBER 91 IS CONTINUED. I HAVE SEVERAL SPEAKERS. OUR FIRST SPEAKER IS MARLENE CAESAR. GOOD AFTERNOON MS. CAESAR, IF YOU COULD PLEASE STATE YOUR NAME FOR THE RECORD. MARLENE CAESAR. YOU HAVE TWO MINUTES. THANK YOU. I HAVE BEEN LIVING IN THE SUBDIVISION FOR 17 YEARS. WHEN I MOVED THERE, I NEVER DREAMT THAT THIS WOULD HAPPEN, THAT THEY WOULD PUT THIS BUILDING, IT'S RIGHT ACROSS FROM MY HOUSE, BUT IF THEY PUT THIS BUILDING UP, IT WOULD CREATE A LOT OF PROBLEMS FOR THE WHOLE NEIGHBORHOOD. UH, THEY WANNA, I ALWAYS THOUGHT IT WAS A RESIDENTIAL SECTION, BUT NOW THEY WANNA MAKE A MULTI, UH, AREA OUT OF IT BECAUSE WITH THIS BUILDING, THEY GOING TO ALLOW YOU TO RENT IT OUT FOR PARTIES, WHICH WOULD CREATE A LOT OF PROBLEMS. PEOPLE WOULD PROBABLY PARK IN FRONT YOUR DOOR. THEY'LL PROBABLY HAVE A LOT OF PEOPLE WALKING. AND WE HAVE EXPERIENCED A VERY QUIET NEIGHBORHOOD. AND I DON'T WANT IT TO CHANGE. I COULD NOT SEE WHY THE HOMEOWNER, THIS ASSOCIATION WERE EVEN INVOLVED IN THIS AND LET THIS HAPPEN TO US. WE ARE VERY DISTURBED ABOUT IT, AND I HOPE THAT YOU ALL WOULD CONSIDER AND OPPOSED THIS BECAUSE I, I DON'T THINK IT'LL WORK OUT FOR OUR NEIGHBORHOOD, WHICH IS A RESIDENTIAL NEIGHBORHOOD. THANK YOU MS. CAESAR. WE APPRECIATE YOU COMING IN THIS AFTERNOON. COMMISSIONERS, ANY QUESTIONS? NO QUESTIONS. THANK YOU SO MUCH. WE REALLY APPRECIATE YOUR COMMENTS. OKAY. OUR NEXT SPEAKER IS DAVID COOPER. DAVID COOPER. YES. NO. GOOD AFTERNOON. MR. COOPER, IF YOU COULD PLEASE STATE YOUR NAME FOR THE RECORD. GOOD AFTERNOON. MY NAME IS DAVID COOPER. C-O-O-P-E-R. THANK YOU. YOU HAVE TWO MINUTES. THANK YOU. GOOD AFTERNOON. AND THANK YOU ONCE MORE FOR TODAY'S HEARING ON THIS ISSUE, I WOULD LIKE TO REITERATE THE CONCERNS REGARDING THIS PROJECT. VERY BRIEFLY, I WOULD LIKE TO SHARE WHAT IS AT STAKE. FIRST, WE CHOSE OUR LOT WITH ASSURANCES THAT IT WOULD BE THE FIRST HOME ON THE SOUTH SIDE OF THORNBURY CREEK, THORNBURY THORNBURY CREEK LANE, WITH NO FURTHER DEVELOPMENT TOWARD WHEAT, SNOW THAT IS NOW IN JEOPARDY. SECOND, HAVING OBTAINED A COPY OF THE APPLICATION, UH, FOR THIS REPL, I QUESTION WHAT CONSTITUTES RE REASONABLE HARDSHIP FOR A VARIANCE TO CHAPTER 42 OF THE CITY OF HOUSTON CODE OF ORDINANCES. I WOULD ASK THE CITY ATTORNEY TO REVIEW THIS MATTER ALONG WITH THE PLANNING COMMISSION TO DETERMINE WHETHER THE APPLICANT'S REASONS ARE LEGALLY SUFFICIENT. AND FINALLY, THE PLA, THE PRESIDENT OF CASTLE ROCK, HOA, MR. A ALLEN HUDDLESTON, [00:20:01] IS ALSO ON THE BOARD OF CASTLEWOOD MUD. HIS DUAL ROLES ARE NOT ILLEGAL, BUT HIS VERSION OF A GREATER GOOD IN OUR NEIGHBORHOOD ARE AT ODDS WITH THE INTERESTS OF THE HOMEOWNERS WHO LIVE NEAR THIS LOT. YOU'VE HEARD ONE OF THEM. I'LL MAKE IT PLAIN. THE CONFLICT OF INTEREST HAS BECOME INCREASINGLY APPARENT. THANK YOU. THANK YOU MR. COOPER. WE APPRECIATE YOU COMING IN TODAY. COMMISSIONERS, ANY QUESTIONS? YES, COMMISSIONER ROSENBERG. CAN I, UM, ASK TWO QUESTIONS, ONE, STAFF TO RE UH, STATE THEIR, THEIR REASON FOR DENIAL AND SECOND, UH, TO, UH, CITY LEGAL, UM, MS. MICKELSON, IS THERE ANY, UM, CONFLICT OR ANY CONCERN WITH DEED RESTRICTIONS OR ANYTHING ELSE THAT LEGALLY STATES, UM, THAT WHAT THEY'RE REQUESTING IS AGAINST DEED RESTRICTIONS? THANK YOU COMMISSIONER ROSENBERG. MR. COOPER, WE APPRECIATE YOUR COMMENTS. THANK YOU. UM, STAFF, GO AHEAD AND ANSWER THE FIRST QUESTION, PLEASE. YES, STAFF'S, UM, REASON FOR DENIAL? UM, THE FIRST REASON IS THAT IS IN CLOSE PROXIMITY TO SINGLE FAMILY, UM, HOMES. THEY HAVE NOT ARTICULATED A HARDSHIP. THERE'S OTHER SITES AVAILABLE AND THERE'S NO SUPPORT, UH, FOR THE RESIDENTS THAT'S ADJACENT TO THE SITE. THIS IS A VARIANCE, UM, FROM 0.2 DASH 1 93, WHICH IS A PARTIAL REPL OF, UM, OF A PROPERTY THAT HAS SINGLE FAMILY RESTRICTIONS ON THE FACE OF THE PLAT. AND SO THAT'S WHY IT IS A, IT IS, IT IS A VARIANCE. AND WHEN WE LOOK AT THOSE VARIANCES, IT'S, IT'S VERY IMPERATIVE OF US TO LOOK AT THE CONCERNS OF THE NEIGHBORS IN THE, IN THE IMMEDIATE AREA. UM, AS WELL AS, UM, IF THIS, IF THEY HAD, IF THIS WAS A REPL OF A LOT WITH, UM, WITH THE RESERVE, THEN THE SUPER MAJORITY RULE WOULD, UM, COME APART AND THAT WILL BE A, A LEGAL PROTEST. AND THE LEGAL PROTEST. WITH THE LEGAL PROTEST, THEN YOU WOULD NEED THREE FOURTHS OF THE MAJORITY OF THE PLANNING COMMISSIONERS TO VOTE IN FAVOR OF THIS FOR IT TO PASS. SO THE REASON WHY WE DON'T HAVE A LEGAL PROTEST, UM, THIS TIME IS BECAUSE IT IS JUST A REPL OF A RESERVE. AND IN THE STATE LAW IT DOESN'T MENTION ANYTHING ABOUT, UM, OTHER THAN THE REPL OF A LOT WHEN IT IS A VARIANCE. SO THAT IS, THAT IS, UH, OUR CONCERNS. UM, LITTLE OVER MY HEAD. BUT, UH, SECOND QUESTION. YOU SAID THEY HAVE OTHER LOTS AVAILABLE? NO, THEY, I DON'T KNOW IF THEY HAVE OTHER LOTS AVAILABLE, BUT I WAS TOLD THERE WAS OTHER SITES AVAILABLE. WOULD WE KNOW WHERE THOSE SITES WERE? 'CAUSE I MEAN, PART OF THE DISCUSSION IS THIS IS ADJACENT TO OTHER COMMUNITY SPACES. RIGHT? SO THOSE WERE IN THE MIDDLE OF SOMEWHERE ELSE. THERE WAS, THERE WERE, THERE WAS COMMENTS THAT THERE WERE OTHER SITES AVAILABLE, UM, THAT WAS NOT ADJACENT TO, UH, SINGLE FAMILY LOTS. I'LL, UH, HOLD THE REST OF THE QUESTIONS TILL OKAY. AND DO YOU WANT LEGAL TO ANSWER? LEGAL WOULD BE GREAT IF OKAY. NIELSON, JUST AGAIN, SO I'M CLEAR FROM THE BEGINNING. OKAY. MS. NICHOLSON OR MS. WOODS E EITHER ONE AS, EXCUSE ME. AS FAR AS THE DEED RESTRICTIONS, THE, UM, AGAIN, THIS IS ONE I DIDN'T REVIEW. , IT'S OKAY. IF YOU NEED MORE TIME, THAT'S FINE TOO. I JUST WANNA MAKE SURE I UNDERSTAND FROM THE BEGINNING. YEAH, RIGHT. UM, THE REVIEW SAYS THAT IT WOULD, THAT A REPL OF, UM, A RESERVE WOULD BECOME A LOT AND THAT A LOT OF SINGLE FAMILY, A LOT IS RESTRICTED TO SINGLE FAMILY RESIDENT PURPOSES ONLY. AND THAT WHAT IS BEING PROPOSED IS A BUSINESS OR COMMERCIAL USE, WHICH IS PROHIBITED UNLESS THEY RECEIVE SOME TYPE OF APPROVAL FROM THE ARCHITECTURAL CONTROL COMMITTEE OR FROM THE POA, IF I REMEMBER CORRECTLY, I BELIEVE THAT THEY DID RECEIVE SUCH A LETTER FROM THE HOA. THAT'S CORRECT. SO THAT'S KINDA WHERE IT STAND. SO THEY DO HAVE THE LETTER OF SUPPORT, BUT IT'S ALSO A HARDSHIP, WELL, I DON'T KNOW IF IT'S A LETTER OF SUPPORT, BUT THE POA DID SAY THAT, UM, THEY COULD REPLANT INTO THIS COMMUNITY CENTER. NO. DOES THAT ANSWER [00:25:01] YOUR QUESTION? COMMISSIONER BALDWIN? I REMEMBER LAST TIME THEY MENTIONED SOMETHING ABOUT SOME STATE LAW THAT CHANGED THAT, THAT THIS HAS TO BE IN THE SUBDIVISION. COULD SOMEONE WEIGH IN ON THAT A LITTLE BIT MORE PLEASE? THE STATE LAW DID CHANGE FOR, UH, MUNICIPAL UTILITY DISTRICTS TO REQUIRE THAT THEY HOLD THEIR MEETINGS IN THEIR DISTRICT, UM, INSTEAD OF DOWNTOWN HOUSTON LAWYERS' OFFICES, FOR EXAMPLE, UM, TO ENABLE MORE PEOPLE TO ATTEND. SO THAT, THAT IS AN UPCOMING OBLIGATION FOR THEM. BUT DID THAT, DID THAT PASS MS. MICKELSON THAT THEY HAVE TO HAVE IT IN THEIR DISTRICT? MY RECOLLECTION YES. IS THAT IT DID AND I WOULD LIKE TO GET CONFIRMATION ON THAT. OKAY. 'CAUSE I HAVE NOT SEEN THAT PAST. WE CAN CONFIRM THAT. YEAH. AND ANY OTHER QUESTIONS? COMMISSIONER ROSENBERG? YES. AND REMEMBER WE HAVE A BUNCH OF SPEAKERS, SO, BUT I WANNA MAKE SURE I'M ON THE RIGHT PAGE BEFORE ABSOLUTELY. EVERYBODY SPEAKS. I DUNNO. UM, SO, BUT IF THERE'S A DISAGREEMENT BETWEEN THE HOA AND THE MUD, FOR INSTANCE, THAT'S A LEGAL THING BETWEEN THEM, IT WOULD NOT BE A PLANNING THING. RIGHT. SO, OKAY. THANK YOU VERY MUCH. OKAY. ANY OTHER QUESTIONS BEFORE WE MOVE TO THE NEXT SPEAKER? YES, COMMISSIONER MORRIS AGAIN, JUST FOR CLARIFICATION. UM, SO THE LAW THAT THEY GOTTA MEET WITHIN THE BOUNDARY, BUT DOES THAT MEAN THAT THEY CAN MEET IN A RESIDENTIAL HOME, A RESTAURANT? THEY CAN RENT OUT A PARTY ROOM? I JUST, ALL, ALL THE STIPULATION IS THAT THEY GOTTA MEET WITHIN THE BOUNDARIES. RIGHT. OKAY. ALRIGHT. I, THAT'S MY RECOLLECTION. I DON'T USUALLY ADVISE MUDS SINCE THE CITY OF HOUSTON IS NOT AN OWNER OR A DIRECTOR OF MUDS. BUT YEAH. AND THE WAY I UNDERSTAND IT, AND I'M NOT A LEGISLATIVE GURU THAT YOU MEET IN THE DISTRICT UNLESS OTHERWISE NOTIFIED DIFFERENTLY 'CAUSE THEY ARE STILL MEETING AT ATTORNEY'S OFFICES. UM, SO THAT'S WHY I ASKED FOR CLARIFICATION OF THE LEGISLATION SO WE ALL UNDERSTAND. ANY OTHER QUESTIONS BEFORE WE MOVE ON? OKAY. OUR NEXT SPEAKER IS CARRIE WAGNER. MR. WAGNER, YOU SPOKE LAST TIME, SO YOU HAVE ONE MINUTE PLEASE. THANK YOU. PLANNING COMMISSIONERS. UH, I'M SERVE ON BOTH THE HOA AND THE MUD AS A DIRECTOR. AND, UH, WE'VE ALWAYS VOTED TO TRY TO DO THINGS THAT, UH, WILL HELP OUR COMMUNITY, UH, KEEP IT, MAKE IT A BETTER AND SAFER NEIGHBORHOOD. AND, UH, WE'LL CONTINUE TO DO SO. THANK YOU, MR. WAGNER. ANY QUESTIONS? COMMISSIONERS, THANK YOU FOR YOUR TIME TODAY. THANK YOU. OUR NEXT SPEAKER IS ALAN HU HUSTON. I'M SURE I GOT THAT WRONG. HUDDLESTON. MY NAME'S ALAN HUDDLESTON. H-U-D-D-L-E-S-T-O-N. I'M THE DIRECT, UH, UH, DIRECTOR OF BOTH THE HOA AND THE MUD, AND I'M CURRENTLY THE PRESIDENT OF BOTH OF THEM. UH, I'M HERE MORE THAN ANYTHING TO ANSWER ANY QUESTIONS Y'ALL HAVE. THANK YOU. COMMISSIONER STEIN. YEAH. SO, UM, WHAT, WHAT DO YOU, UM, WHAT DO YOU PROPOSE IS THE HARDSHIP FOR YOU FOR, FOR HAVING TO HAVE EXPERIENCE? THE ON TWO PROPERTIES WITHIN THE BOUNDARY OF THE MUD. WE'VE GOT ONE ADJACENT TO OUR CURRENT WATER PLANT, AND THAT IS HAVING TO BE USED TO PUT A NEW GROUND STORAGE TANK BECAUSE THE ONE WE'VE GOT NEEDS TO BE REPLACED. IT'S TOO OLD. AND WITH THE COMING OF GROUND WATER COMING INTO THE DISTRICT, WE'VE GOTTA MAKE CHANGES TO ACCOMMODATE THAT. SO THAT PROPERTY IS NO LONGER AVAILABLE FOR US TO PUT A MUD BUILDING ON THE ONLY OTHER BUILDING. I MEAN, THE OTHER, OTHER SPACE THAT THE MUD OWNS IS THIS PARTICULAR LOT. OKAY, THANK YOU. COMMISSIONER BALDWIN. WHERE, WHERE DO YOU MEET NOW? I'M JUST CURIOUS. WE MEET AT THE LAWYER'S OFFICE DOWN OFF OF, UM, VO AND WOODWAY WOODWAY. AND YOU'VE DONE SO FOR A LONG TIME, SIR. AND YOU'VE DONE SO FOR A LONG TIME. YES. OKAY, THANK YOU. COMMISSIONER MAREZ. UM, IT SEEMS LIKE THE, THE BIGGEST CONCERN IS NOT THE MUD MEETINGS IN AND OF ITSELF, BUT THE CONCEPT OF RENTING IT OUT, BECAUSE AT THAT POINT YOU LOSE CONTROL, RIGHT? YOU CAN HAVE FIVE PARKING SPOTS, BUT IF SOMEBODY HAD THE GRADUATION PARTY, A BIRTHDAY PARTY, WHATEVER, THERE'S NO WAY TO ENFORCE OR THAT, SO, UM, HAVE Y'ALL CONSIDERED REMOVING THAT FROM, FROM THE TABLE, I GUESS IS, I'M JUST GONNA ASK PLAINLY. I MEAN, THAT SEEMS TO BE WHAT'S EVERYBODY'S CONCERN [00:30:01] ABOUT IS, IS HOW DO YOU POLICE THE RENTING OF THIS THAT WOULD BE DONE BY THE MUD BOARD. THE BOARD HAS INFORMALLY TALKED ABOUT THIS ISSUE AND THE PLANS ARE TO RESTRICT THE RENTING OF THAT BUILDING TO RESIDENTS OF THE MUD, NOT OUTSIDE PEOPLE WANTING TO JUST COME IN AND RENT A BUILDING. DOES THAT ANSWER YOUR QUESTION? WELL, IT DOES, BUT AGAIN, IF A RESIDENT, UH, HAD THE GRADUATION PARTY AND INVITES A HUNDRED PEOPLE, WHAT HAPPENS TO THOSE VEHICLES FROM EVERYBODY MOVING IN? AND I, I THINK, YOU KNOW, THE, THE MUD MEETINGS, I DON'T THINK ANYBODY NECESSARILY HAS AN, AN ISSUE WITH THAT, BUT BASED ON COMMENTS, IT'S, IT'S THE RENTING OF THE FACILITY THAT EVERYBODY HAS THE BIGGEST CONCERN ABOUT. SO I GUESS I JUST PUT THAT ON THE TABLE FOR CONSIDERATION OR THOUGHT I UNDERSTAND. UM, IF I CAN, I'LL DEFER THAT TO OUR ENGINEER, CIVIL ENGINEER THAT'S HERE, AND I THINK SHE'S SIGNED UP TO SPEAK ALSO. GREAT. ANY OTHER QUESTIONS? COMMISSIONERS? YES, GO AHEAD. COMMISSIONER KOHLER, JUST KIND OF PIGGYBACKING, BECAUSE I WAS, I HAD THE SAME TRAIN OF THOUGHT IS, UM, COMMISSIONER MYERS. UM, SO I THINK THE MAIN THING IS ALSO THE PARKING CONCERN AND THE POTENTIAL FOR A LOT OF CARS TO BE PARKED ALONG THERE IN AN AREA THAT'S ALREADY EXPERIENCED SOME PRETTY TRAGIC ACCIDENTS AND THINGS LIKE THAT. IT SOUNDS LIKE THERE'S SOME, UM, ISSUES AND SO WITH THE VARIANCE REQUEST, YOU WOULD WANNA CONSIDER PUBLIC SAFETY, THAT THAT WOULD BE ONE OF THE, UM, CONSIDERATIONS. AND, UM, I HAVEN'T HEARD ANY NEW INFORMATION ABOUT HOW THOSE SORTS OF ISSUES WOULD BE MANAGED. HAVE HAVE YOU, SINCE, SINCE WE MET LAST TIME, HAVE YOU GIVEN SOME CONSIDERATION TO PARKING AND THOSE SORTS OF PUBLIC SAFETY ISSUES? YES, MA'AM. WITH CONSIDERED ADDING SOME ADDITIONAL PARKING, UH, ADJACENT TO THE FIVE SLOTS THAT WERE SHOWN ORIGINALLY TO PUT THREE OR FOUR MORE RIGHT NEXT TO IT, THAT BELONGS TO THE HOA, THE HOA HAD A BOARD MEETING YESTERDAY AND AGREED TO PUT IN ADDITIONAL PARKING EITHER THERE OR AROUND OUR REC CENTER, WHICH IS JUST DOWN WHEAT, SNOW, AND WOULD ALLOW FOR PARKING DOWN THERE. UM, I DUNNO IF YOU'D HAVE TO GO BACK TO THE ONE THAT SHOWS THOSE SECTION, UH, NO. BACK UP ONE, YOU CAN SEE WHERE THE SWIMMING POOL IS. UH, JUST SLIDE DOWN TO THE RIGHT FROM THE RED LOT. UH, WE'VE GOT PARKING COMES IN VERTICALLY OFF OF WHEAT, SNOW. THERE'S A LONG SPACE ALONG THERE BEFORE YOU GET DOWN TO THORNBERRY CREEK, THAT ADDITIONAL PARKING CAN BE PUT IN. OKAY. COMMISSIONER JONES, DID YOU HAVE A QUESTION, MADAM CHAIR? YES, I DO. UH, IT, IT'S OUTSIDE OF THE SCOPE OF, OF WHAT WE DO, THE PLANNING AND THE PLANNING PROCESS, BUT, UH, I, I JUST COUNTED FIVE PARKING SPACES AND, AND I QUESTIONED WHETHER THIS SITE IS LARGE ENOUGH TO PROVIDE THE BUILDING AND THE NUMBER OF SPACES THAT YOU REALLY NEED. I MEAN, YOU'VE GOT YOUR TAX ASSESSOR, COLLECTOR, BOOKKEEPER, ENGINEER, ATTORNEY, FIVE DIRECTORS. NOW YOU MAY WALK, BUT THE LISTS, I MEAN, I'M IN THAT BUSINESS, SO THE LIST COULD BE 10, 12 15 THOUGH AGAIN, THAT'S OUTSIDE THE PURVIEW OF OUR PLATTING, BUT I JUST HAVE OFFERING UP RESISTANCE THAT I THINK THE SIZE OF YOUR TRACK MAY BE TOO SMALL FOR WHAT YOU NEED TO ACCOMPLISH. WELL, IF WE HAD ANOTHER SITE TO GO TO, WE'D PROBABLY DO THAT, BUT UNFORTUNATELY WE DO NOT OWN ANY OTHER LAND THAT'S AVAILABLE. OKAY. COMMISSIONER ROSENBERG. YOU KNOW, I, I I JUST WANNA COUNTER A COUPLE OF THE PREVIOUS COMMENTS. WE'RE A PLANNING COMMISSION AND FROM A BIG PICTURE OF A NEIGHBORHOOD, UM, THE NEIGHBOR, THE RESIDENTS, THIS IS THEIR PROPERTY AND THEY HAVE INPUT, BUT THAT'S A LEGAL ENTITY BETWEEN THE TWO. FROM A PLANNING PERSPECTIVE, PUTTING A BUILDING NEXT TO A POOL, PLAYGROUND SCHOOL VERSUS SOMEWHERE ELSE REMOTE FROM THAT, THIS SEEMS LIKE THE BEST AREA IN THE NEIGHBORHOOD FOR THOSE THINGS. A HUNDRED PERSON GRADUATION PARTY. I MEAN, THAT'S NOT NECESSARILY THE BUILDING'S THAT SIZE AND ALL THAT UP TO THIS PERSPECTIVE, BUT FROM A PLANNING PERSPECTIVE, IF IT MEETS THE REQUIREMENTS, I'D HAVE TO ARGUE WHY NOT NEXT TO ALL THESE OTHER PUBLIC AMENITIES. THANK YOU, COMMISSIONER. I'D LIKE TO RESPOND TO THAT IF I COULD. SURE. BEFORE WE PROPOSED PUTTING THE BUILDING WHERE IT IS NOW, WE PROPOSED DOING A LAND SWAP BETWEEN THE HOA AND THE MUD TO WHERE WE WOULD SWAP PROPERTY. CAN YOU GO BACK TO THE OTHER MAP PLEASE? IF YOU LOOK, YOU CAN SEE WHERE OUR POOL IS JUST TO THE LEFT OF THE [00:35:01] POOL IS WHERE OUR PLAYGROUND IS IN BETWEEN THE PLAYGROUND AND RETENTION POND. THERE'S A HUGE AREA THERE THAT WE WANTED TO PUT THIS BUILDING ON WHERE IT WOULD NOT BE NEXT TO ANY HOUSES WOULD BE NEXT TO THE PLAYGROUND, NEXT TO THE POOL. UH, UNFORTUNATELY TO DO THAT UNDER OUR DEED RESTRICTIONS WITH THE HOA, IT TOOK APPROVAL OF OVER 70% OF THE MEMBERSHIP, WHICH IS AN EXTREMELY HIGH BAR CONSIDERING WHEN WE HAVE OUR ANNUAL MEETINGS, WE'RE LUCKY IF WE GET 25 ERS SHOW UP FOR IT. WE TRIED TO GET THAT AND WE COULD NOT GET THE NUMBER NECESSARY TO DO THAT LAND SWAP. OKAY. SO I AGREE WITH YOU, IT WOULD'VE GONE A LOT BETTER AT THE OTHER SITE IF WE COULD HAVE GOT THAT DONE. THANK YOU, COMMISSIONERS. ANY OTHER QUESTIONS? COMMISSIONER BALDWIN? AND ALSO, LAST TIME YOU MENTIONED SOMETHING ABOUT SOME MONEY THAT YOU HAD RECEIVED THAT'S EARMARKED FOR SOME CERTAIN PURPOSE. COULD, COULD YOU EXPLAIN THAT AGAIN? THE MUD WAS IN A LAWSUIT WITH AN ADJACENT MUD TO SHARE THE EXPENSE AND USE OF OUR, UH, WASTEWATER TREATMENT PLANT. THEY HAD BUILT THEIR OWN WASTEWATER TREATMENT PLANT AND WANTED TO PULL OUT RIGHT AT THE TIME WHEN WE WERE GOING TO DO A MAJOR REHAB OF THE EXISTING FACILITY, IT WAS GONNA BE SEVERAL MILLION DOLLARS WORTH AND IT WOUND UP GOING TO ARBITRATION AND WE WON ARBITRATION IN THE AMOUNT OF $450,000 AND OUR BOARD AT THE MUD EARMARKED THAT MONEY TO BE USED FOR AN ADMINISTRATION BUILDING BECAUSE WE FORESAW THAT THE LEGISLATURE WAS GOING TO REQUIRE THAT TO HAVE A MEETING PLACED WITHIN THE MUD. DOES THAT ANSWER YOUR QUESTION? IT DOES. YOU, YOU COULD UN UN-AIR MARK IT AND USE IT FOR OTHER PURPOSES. SIR, COULD YOU UN-AIR MARK IT AND USE IT FOR OTHER PURPOSES? YES, SIR, WE COULD. OKAY. OKAY. JUST WANTED TO MAKE SURE I UNDERSTOOD. OKAY. COMMISSIONERS, ANY OTHER QUESTIONS? OKAY, THANK YOU SO MUCH. YES MA'AM. THANK YOU. OUR NEXT SPEAKER IS MCCALL HODGES. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS MICHALA HODGES WITH LIQUIDITY ENGINEERING WITH APPLICANT FOR THIS PRO PROJECT LAST, UH, CYCLE. THE PROJECT WAS DEFERRED BECAUSE LEGAL INDICATED THAT UPON THEIR REVIEW THIS APPLICATION NEEDED A SUPPORT LETTER FROM THE ARCHITECTURAL REVIEW COMMITTEE, WHICH WE DID RECEIVE AND IS IN YOUR PACKET. OTHER QUESTIONS THAT CAME UP LAST CYCLE IS REGARDING THE PARKING FOR THIS DOCUMENT CAMERA FOR THE PROPOSED STRUCTURE FOR THE CODE. UH, FIVE PARKING SPOTS ARE REQUIRED FOR THIS PROPOSED BUILDING AND FIVE PARKING SPACES ARE PROVIDED ON SITE AS IT EXISTS. THERE ARE SIDEWALKS. UH, THERE WAS SOME QUESTIONS ABOUT, UH, PEDESTRIAN AND VEHICULAR CONFLICT. OKAY. THERE ARE EXISTING SIDEWALKS IN THE NEIGHBORHOOD AND IF WE CAN PROBABLY ZOOM IN, MY PHOTOCOPY MAY NOT BE THE GREATEST. I DUNNO IF THEY WANT TO, UM, GO BACK TO THE AERIAL. THE PARKING FOR THIS SITE IS DESIGNED SIMILARLY TO THE PARK HEADING PARKING THAT CURRENTLY EXISTS IN FRONT OF THE RECREATIONAL AREA SWIMMING POOL AREA. IN THAT IT'S HEADING PARK PARKING AND THE SIDEWALK CIRCUMVENTS AND, UM, THE PERIMETER OF THAT PARKING. SO THE SAME PARKING CONFIGURATION AND DESIGN THAT EXISTS ON SITE. NOW NEAR REC CENTER IS THE SAME DESIGN THAT IS CURRENTLY PROPOSED FOR THIS SITE. UH, ANY, UH, THERE WERE CONCERNS ABOUT RENTING, UH, THE, UM, THE FACILITY TO OUTSIDE? UM, PEOPLE I KNOW, UH, THE MUD, I DUNNO, LEGAL IF WANTS TO WEIGH IN ON THIS, BUT REALLY AND TRULY IT'LL BE UP TO THE MUD IN TERMS OF WHEN THEY DRAFT THEIR PROCEDURES TO RESTRICT, UM, RENTING OUT OF THE, THE SPACE TO RESIDENTS OF CASTLE ROCK. ONLY IN CASES WHERE THERE ARE EVENTS, UM, OTHER THAN A MUD MEETING AND EXTRA PARKING IS REQUIRED, THE MUD CAN ALWAYS, UH, COORDINATE WITH THE, THE POA, THE HOE TO USE THE, UM, THE PARKING THAT'S DOWN THE STREET NEAR THE REC CENTER. BUT THAT IS ANOTHER, UM, AGREEMENT OR IT'S AN ISSUE THAT IS OUTSIDE THE, THE PLATTING APPLICATION THAT IS HERE BEFORE YOU TODAY. UH, ANY OTHER [00:40:01] QUESTIONS? COMMISSIONERS? ANY QUESTIONS? I HAVE QUESTIONS. YES, MADAM CHAIR, COMMISSIONER V. UM, I SHOULD HAVE ASKED EARLIER, BUT IS THE REC CENTER, IS THAT BIG ENOUGH? CAN THEY NOT HOLD THE MEETINGS THERE OR IS THAT THEY HAVE TO HAVE THEIR OWN BUILDING PER LAW? AND MAYBE THAT'S A LEGAL QUESTION TOO. UM, CAN THEY, CAN THE REC CENTER NOT HOST THESE MEETINGS WITHOUT A BUILDING? UM, I WOULD PROBABLY DEFER TO MR. HILSON FOR THAT. OKAY. JUST CURIOUS. UH, OUR REC CENTER IS A POOL WITH A BATHHOUSE. OH, OKAY. THAT'S ALL THAT'S THERE. AND I SEE THE SCHOOL BUILDING OUT THERE. UM, IS THAT, THAT, DOES THAT FALL UNDER THE MUD BOUNDARY AS WELL OR NO? THE, THE MUD BOUNDARY IS BASICALLY, UH, THE TWO SUBDIVISIONS. OKAY. BUT THE REC CENTER IS STRICTLY ON HOA LAND AND OWNED BY THE HOA. OKAY. THANK YOU. COMMISSIONER ROBBINS, SIR, I'M SORRY. ARE THE HOA AND THE MUD, ARE THEY THE SAME, DO THEY COVER THE SAME AREAS AND SAME HOMES, OR IS THERE A DIFFERENCE? NO, SIR. THE MUD COVERS TWO DIFFERENT SUBDIVISIONS. OURS AND THE ONE BETWEEN US AND I 10. SO THERE'S TWO SUBDIVISIONS IN THE MUD, THE ONE IN THE HOA. OKAY. THANK YOU. ANY OTHER QUESTIONS? YES. UM, UM, MAYBE FOR THE PREVIOUS SPEAKER, SO, UH, YOU MENTIONED THAT ADEQUATE OR APPROPRIATE PARKING NUMBERS, BUT WAS THAT BASED OFF, I MEAN, IT'S BASED OFF OF USAGE, SO I'M ASSUMING IT'S BASED OFF OF LIKE AN AN OFFICE TYPE? IT IS, YES, MA'AM. AND SO I TRULY WOULD BE CURIOUS IF IT WAS TREATED DIFFERENTLY FOR, FOR LIKE THE RENTAL POSSIBILITY, WHAT THOSE NUMBERS WOULD BE, BECAUSE AGAIN, I, I AM VERY SYMPATHETIC TO THE RESTRICTION THAT THE MUD IS UNDER, BUT IT'S THE RENTAL ASPECT THAT I'M HAVING A HARD TIME GETTING OVER BECAUSE I, MY NEXT QUESTION IS WHAT'S THE BUILDING CAPACITY? LEMME SEE IF WE HAVE IT HERE. UM, ACTUALLY I JUST HAVE, UH, RIGHT HERE IS JUST THE BUILDING AREA AND THE SITE AREA. UM, I DON'T HAVE A CAPACITY NUMBER HERE. YEAH. SO THAT, THAT'S WHERE, FOR THE RECORD, THAT'S WHERE I'M STRUGGLING WITH THIS. IT'S NOT THE MUD. UM, AND I'M, I'M VERY SYMPATHETIC TO THE RESTRICTIONS THAT THE MUD'S HAVING TO DEAL WITH, BUT IT'S LIKE WE'RE, WE'RE LOOKING AT TWO DIFFERENT SCENARIOS TO A CERTAIN RESPECT. IT'S WHAT THEY'RE WANTING TO USE THAT BUILDING. AND SO IT'S, IT'S A MORE EXTREME OF THE TWO THAT I HAVE CONCERNS ABOUT AND THAT IT'S IMPACT TO THE NEIGHBORHOOD, PARTICULARLY PARKING. RIGHT, I UNDERSTAND. SO FIVE PARKING SPOTS FOR MUD MEETING. YEAH. QUESTIONABLE. BUT FOR AN EVENT OR A GATHERING OF SOME SORT, IT'S, I DON'T SEE HOW THAT'S EVEN REMOTELY FAIR TO THE NEIGHBORHOOD. THAT'S MY COMMENT. THANK YOU COMMISSIONERS. ANY OTHER QUESTIONS? UH, I, MR. HAN, I COULD JUST SHED SOME LIGHT. I, I THINK, YOU KNOW, TO YOUR POINT, THE CALCULATION IS BASED ON OFFICE OCCUPANCY AND USAGE, AND IF IT WERE SAY, ASSEMBLY, IT WOULD BE ABOUT 10 TIMES AS MUCH PARKING. RIGHT. YOU JUST TAKE OFFICE SQUARE FOOTAGE DIVIDED, DIVIDED BY ONE 50, UH, ASSEMBLY SQUARE FOOTAGE DIVIDED BY EITHER SEVEN AND A HALF, 7.5 OR 15. AND THAT'S YOUR MATH. SO ANYWHERE FROM 10 TIMES TO FIVE TIMES THE AMOUNT OF PARKING. IF YOU'RE HAVING A PARTY FOR 30 PEOPLE, IT'S A WALKABLE COMMUNITY. IT'S FOR THE COMMUNITY. SO ONE WOULD ASSUME SOME PEOPLE ARE WALKING, BUT WE HAVE TO BE REALISTIC ABOUT IT. HOW IT'S CALCULATED CODE WILL JUST HAVE YOU CALCULATE SQUARE FOOTAGE DIVIDED BY OCCUPANCY TYPE. THANK YOU. ANY OTHER QUESTIONS? YES, MS. MICKELSON? SORRY, I CAN ANSWER THE QUESTION YOU HAD ABOUT THE BILL. OKAY. UM, THE BILL I WAS RECALLING ACTUALLY AMENDS, IT AMENDS THE RULES FOR RURAL DISTRICTS A LITTLE BIT, BUT IT HAS BEEN THE, UH, REQUIREMENT HERE IN TEXAS SINCE AT LEAST 2021 WITH THE LATEST AMENDMENTS TO THAT SECTION THAT THE BOARD MUST DESIGNATE. A MUD BOARD MUST DESIGNATE, UM, ONE OR MORE PLACES FOR THE LOCATION OF THEIR MEETINGS. ONCE THEY REACH 50 RESIDENTS, THEY MAY RECEIVE, IF THEY RECEIVE A PETITION OF FIVE RESIDENTS OR MORE REQUESTING THAT THEY HOLD THEIR MEETINGS IN THE DISTRICT, THAT'S WHEN THAT MUST OCCUR. I DON'T KNOW IF THAT'S THE CASE HERE, UM, BUT THAT MAY BE DRIVING THEIR, THEIR REQUEST AS WELL. THANK YOU FOR THAT CLARIFICATION, COMMISSIONERS. ANY OTHER QUESTIONS? OKAY. THANK YOU MS. HODGES. THANK YOU. OUR NEXT SPEAKER IS MIKA [00:45:01] BROOKS AND MS. BROOKS, YOU SPOKE LAST TIME, SO YOU HAVE ONE MINUTE PLEASE. OFFICE RESERVE DOCUMENT CAMERA. OH, THANK YOU. DOCUMENT CAMERA IS ON. THANK YOU MS. BROOKS, CAN YOU PLEASE START? THANK YOU. YES. I'M HERE TO PRESENT A LETTER FROM BRIAN HN, A COMMISSIONER FOR HARRIS COUNTY EMERGENCY SERVICE DISTRICT 47. MR. HN RAISES CONCERNS ABOUT THE CASTLEWOOD MUDS DECISION TO STOP ACCEPTING VOLUNTARY CONTRIBUTIONS TO WESTLAKE EMS CAUSING A $240,000 SHORTFALL, WHICH FORCED THE PROPERTY TAX INCREASE IN 2023. HE VISITED THE PROPOSED SITE FOR THE NEW BUILDING AND IDENTIFIED TWO MAJOR FIRE AND RESCUE RISKS. HE PERSONALLY VISITED THE SITE FOR THE PROPOSED STRUCTURE AND BECAME VERY CONCERNED ABOUT, UM, TWO RESCUE MATTERS. FIRST, SINCE THERE WILL BE VERY LIMITED PARKING, OVERFLOW, PARKING WILL BE OUT ON THE PUBLIC STREET. THIS IS A MAJOR CONCERN FOR FIRE APPARATUS ON AN EMERGENCY RESPONSE BLOCKS, STREETS AND ROADS WILL CAUSE FOR, UH, TRUCKS TO REROUTE AND DELAY ON SCENE ARRIVAL. SECOND, THE PROPOSAL PROPOSED STRUCTURE WILL NOW NEED TO CONVERT RETENTION DETENTION AREAS TO FLAT GROUND, CAUSING AN INCREASED RISK OF FLOODING FOR WHICH WESTLAKE FIRE AND EMS WILL BE DISPATCHED TO ASSIST THE RESIDENTS. FLOOD RESCUE IS A CONSIDERABLE COST, ONE THAT WON'T BE COVERED BY DONATIONS FROM CASTLE ROCK. MR. H BELIEVES THE MUD'S PROPOSAL IS NOT IN THE BEST INTEREST OF ITS CONSTITUENTS AND URGES DENIAL OF THE REPL REQUEST. PLEASE FINISH UP MS. BROOKS. YOUR TIME IS OUT. ADDITIONALLY, I QUESTION WHETHER THE FUNDS FOR THIS BUILDING COULD BE BETTER USED TO PAY DOWN EXISTING DEBTS AND WHETHER MAINTENANCE COSTS WILL RESULT IN FUTURE TAXES. ALSO, THE HEARING THAT THEY HAD YESTERDAY, I FEEL LIKE THEY'RE TRYING TO HIDE, UH, THAT FROM THE COMMUNITY. I, UH, HAVE A DOCUMENT HERE SHOWING THAT THEY SENT OUT A MESSAGE SAYING THAT THEY'RE GONNA VOTE YESTERDAY AT 10:00 AM UM, AT THE VERY, THEY LEFT IT FOR THE VERY LAST PART. UH, AND IT SAID THE STUFF WE DISCUSSED, UM, MAY 1ST IT DIDN'T TELL US WHAT THEY'RE VOTING ON. SO THIS WHOLE THING JUST CUT TO GIVE YOU AN EXAMPLE OF THE HUSH HUSH SECRECY TRYING TO NOT INVOLVE PEOPLE IN THE COMMUNITY BECAUSE I THINK THEY'RE AFRAID THAT, YOU KNOW, THEY'RE CONVERTING HOA LAND TO GIVE PARKING TO THIS MUD BUILDING, WHICH IS ALSO UNFAIR. NOT ONLY ARE THEY TAKING THAT AND DOING THAT TO US, BUT THEN WE'RE ALSO LOSING OUR OWN LAND THAT BELONGS TO US, TO US RESIDENTS WITHOUT AND, AND BEING SECRET ABOUT IT. SO I JUST WANTED TO SHOW WHAT THAT NOTE WENT OUT, THAT THANK WHAT IT LOOKED LIKE. THANK YOU SO MUCH, AND WE'RE PROCESSING THAT THROUGH. SO THANK YOU. DO YOU HAVE ANY QUESTIONS FOR ME, COMMISSIONERS? ANY QUESTIONS? NO, MA'AM. THANK YOU SO MUCH. THANK YOU. AND OUR LAST SPEAKER IS FABIANA RICHTER. RICHTER. HI, UH, MY NAME IS FABIANA RICHTER. I'LL, I'M HERE TODAY. I'LL BE SHORT . SO I'M HERE TODAY BECAUSE MY FAMILY AND I WERE LIKE KIND OF SAD FOR WHAT'S GOING ON IN OUR GREEN, WHAT'S GONNA HAPPEN TO OUR GREEN SPACE. UH, SO BECAUSE THEY PROMISED US THAT NOT NOTHING WAS GOING TO BUILD THERE, UM, SINCE MANY NEIGHBORS, UM, HAVE SEEN OUR CHILDREN, GRANDCHILDRENS AND FRIEND FRIENDS GROW UP AND PLAY SUPER HAPPY. AND NOW THAT MY DAD, UH, IS, UH, WHO IS, WHO HAS CANCER, UM, THAT HE COULDN'T BE HERE BECAUSE OF TREATMENT. SO THAT SPACE IS LIKE HIS PEACE AND, YOU KNOW, DISTRACTION FOR HIM TO GO FOR A WALK EVEN. YOU KNOW, WE HAVE OUR LITTLE PARK, SO HE TAKE OUR, MY SON, YOU KNOW, HIS, UH, GRANDCHILDREN TO PLAY AND DISTRACT HIMSELF FOR EVERYTHING THAT'S GOING, LIKE WHAT IS GOING ON. SO, YEAH, SO THAT'S, AND LIKE WE ARE OPPOSED AND WE ARE REALLY, REALLY SAD ABOUT IT. THANK YOU FOR YOUR COMMENTS, COMMISSIONERS. ANY QUESTIONS? THANK YOU MS. RICHTER. AND WE WISH YOUR FATHER WELL. THANK YOU. ABSOLUTELY. OKAY, I HAVE NO OTHER SPEAKERS SIGNED UP TO SPEAK. IS THERE ANYONE ELSE? PLEASE APPROACH THE PODIUM AND STATE YOUR NAME FOR THE RECORD. MS. FLM. THERE'S ONE MORE SPEAKER. SORRY, I, GOOD AFTERNOON. FORGOT TO SIGN UP. CARLOS ESPINOZA. C-A-R-L-O-S-E-S-P-I-N-O-Z-A. UH, I GREW UP HERE ON WHEAT, SNOW, THE COMMUNITY. I OWN PROPERTY THERE. I'M IN SUPPORT OF THIS VARIANCE REQUEST. UM, CASTLEWOOD HAS DONE A GREAT WORK WITH CREATING TRAILS. YOU CAN SEE THE TRAIL SYSTEM SOUTH OF IT. SO A LITTLE BIT OF GREEN SPACE IS NOT REALLY GONNA AFFECT OUR COMMUNITY IN CASTLE ROCK. UH, AND THEY'VE DONE SUCH A, A GREAT WORK WITH, WITH THE GREEN SPACE AND CONNECTING THE COMMUNITY AND THE SCHOOLS IN THE AREA. SO FULLY SUPPORTED. THANK YOU. THANK YOU FOR YOUR COMMENTS, COMMISSIONERS, ANY QUESTIONS? OKAY. THANK YOU MS. FLM, YOU WANNA COME BACK UP AND RESTATE, UH, THE RECOMMENDATION, PLEASE? [00:50:04] STAFF'S RECOMMENDATION IS TO DENY THE, THE VARIANCE AND DISAPPROVE THE PLAT. THANK YOU. AND I NEED TO CLOSE THE PUBLIC HEARING, CORRECT? MM-HMM . OVERHEAD PRESENTATION PLEASE. OKAY, SO I'M CLOSING THE PUBLIC HEARING AND I'M LOOKING FOR A MOTION AND A SECOND FOR STAFF RECOMMENDATION MOTION. I'M SORRY, HOLD ON QUESTION. COMMISSIONER MORRIS. SORRY. UM, AND IT'S FOR LEGAL 'CAUSE UH, THE EARLIER QUE UH, RESPONSE FOR COMMISSIONER ROSENBERG KIND OF CONFUSED ME. THIS IS NOT A A, A DEED, UH, VIOLATION. I, I AM STILL CONFUSED ABOUT, WE TALKED ABOUT THE, THE RESIDENTIAL DEED. I, I JUST, I WOULD LIKE SOME CLARIFICATION ON THAT. I'M SORRY. WE'RE FIGHTING OVER THE MICROPHONES OVER HERE. BUT ACCORDING TO THE LEGAL ANALYSIS, AS LONG AS THEY GOT APPROVAL FROM THE HOA, THEN THEY WOULD NOT BE VIOLATING THE RESTRICTIONS. OKAY. AND THERE'S A LETTER OF SUPPORT YES. IN THE PACKAGES. SO SEE, THEY RESTRICTED RESERVE. THERE'S NO HARDSHIP UNDER USE. SO IF WE TOOK OFF, OKAY, SO COMMISSIONERS, I'VE CLOSED A PUBLIC HEARING. YES. I'M LOOKING FOR A MOTION. AND A SECOND FOR STAFF RECOMMENDATION? YES. MOTION FOR STAFF RECOMMENDATION. MOTION STEIN SECOND VICTOR. ALL IN FAVOR? AYE. OPPOSED? OKAY. HANDS IN THE AIR PLEASE. OKAY, SO OPPOSED IS ROSENBERG POROUS, PERLE HINES AND COMMISSIONER BALDWIN. SO THE MOTION PASSES TO, UH, FOR STAFF RECOMMENDATION. OKAY. THOSE ARE NEVER EASY. ALL RIGHT, SO NOW WE'LL MOVE ALONG TO ITEM NUMBER 92 CLYBURN LANDING. ITEM NUMBER 92 IS CLYBURN LANDING. THE SITE IS LOCATED EAST ALONG SELWOOD STREET, NORTH OF LIBERTY STREET AND HOUSTON CORPORATE LIMITS. THE REASON FOR REPLY IS TO CREATE TWO LOTS AND TWO RESERVES. THE APPLICANT IS ALSO SEEKING A VARIANCE TO ALLOW A SINGLE FAMILY RESIDENTIAL LOT TO HAVE FRONTAGE ON THE ACCESS EASEMENT IN LIEU OF THE REQUIRED PUBLIC STREET FRONTAGE. REVIEW BY LEGAL INDICATES THAT THIS PLAT WILL VIOLATE RESTRICTIONS FILED SEPARATELY. THE APPLICANT HAS REQUESTED A DEFERRAL TO PROVIDE AN ALTERNATE LOT LAYOUT THAT WOULD MEET DEED RESTRICTIONS. STAFF'S RECOMMENDATION IS TO DEFER THE PLAT PER THE APPLICANT'S REQUEST. UM, STAFF HAS NOT RECEIVED ANY ADVANCED COMMENTS FOR THIS PLOT. MADAM CHAIR, IT PLEASES THE COMMISSION. YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM. AT THIS TIME, THE PUBLIC HEARING FOR ITEM 92 IS OPEN. I HAVE A SPEAKER SIGNED. UH, CARLOS ESPINOZA. WAS THIS, DID YOU NUMBER IT WRONG? NO, JUST FOR QUESTIONS. JUST FOR QUESTIONS. OKAY. COMMISSIONERS, ANY QUESTIONS? OKAY, THANK YOU. SO I'LL CLOSE THE PUBLIC HEARING. UH, EXCUSE ME. I WILL, UM, CONTINUE, CONTINUE THE PUBLIC HEARING, UH, FOR ITEM 92 AND LOOK FOR A MOTION AND A SECOND FOR STAFF RECOMMENDATION TO DEFER MOTION. MODEST SECOND JONES. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM 93 BEEN WITHDRAWN. KEEP ME ON MY TOES HERE. OKAY, 94. ITEM 94 IS FONDANT SOUTHWEST NORTHFIELD, SECTION SEVEN AND SECTION EIGHT, PARTIALLY PLATINUM. NUMBER THREE, THE SIZE LOCATED WEST ALONG FAIR MEADOW DRIVE WEST OF FONDANT ROAD AND HOUSTON CORPORATE LIMITS. THE REASON FOR RELA IS TO CREATE ONE UNRESTRICTED RESERVE. THE APPLICANT HAS MET ALL NOTIFICATION REQUIREMENTS AND THERE ARE NO VARIANCE REQUESTED WITH THIS ITEM. THE PLAT WAS DEFERRED AT THE LAST PLANNING COMMISSION PER THE APPLICANT'S REQUEST. THE APPLICANT PER THE APPLICANT'S REQUEST A REVIEW AT THAT TIME BY LEGAL INDICATED THAT THE PLAT WILL VIOLATE, VIOLATE RESTRICTIONS FILED SEPARATELY. THE APPLICANT PROVIDED, UM, AMENDED DEED RESTRICTIONS AND NOW LEGAL HAS REVIEWED THE DEED RESTRICTIONS AND INDICATE THAT THIS PLAT WILL NOT VIOLATE RESTRICTIONS FILED SEPARATELY WITH THE AMENDED RESTRICTIONS. STAFF HAS NOT RECEIVED ANY ADVANCED COMMENTS FOR THIS. PLAT STAFF'S RECOMMENDATION IS TO APPROVE THE PLAT PER THE CBC 1 0 1 FORM CONDITIONS. MADAM CHAIR, IF IT PLEASES THE COMMISSION, YOU MAY CONTINUE THE PUBLIC HEARING FOR THIS ITEM. AT THIS TIME, THE PUBLIC HEARING FOR ITEM 94 IS CONTINUED. I HAVE, EXCUSE ME, AM I ON 94? YES. 94. I HAVE NO SPEAKERS SIGNED TO SPEAK. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK? HEARING NONE. I'LL CLOSE THE PUBLIC HEARING AND SEEK A MOTION FOR STAFF RECOMMENDATION. MOTION GARZA. MOTION GARZA. SECOND. VE SECOND. HI. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. [00:55:01] ITEM 95 HAS BEEN WITHDRAWN AND WE'LL MOVE ON TO ITEM 96. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE HOUSTON PLANNING COMMISSION. MY NAME IS DEVIN K CRIDDLE. ITEM NUMBER 96 IS GREENFIELD. EXCUSE ME, GREENVILLE ESTATES REPL NUMBER ONE. THE SITE IS LOCATED WITHIN HOUSTON'S CORPORATE LIMITS SOUTH AND ALONG MAJOR COLLECTOR FUQUAY STREET, WEST OF MACAU ROAD AND EAST OF SOUTHWEST SIDE DRIVE. THE PURPOSE OF THE RE PLAT IS CREATE 38 SINGLE FAMILY RESIDENTIAL LOTS WITH A TYPE TWO STREET. AND ALSO THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED INTERSECTION SPACING ALONG FUQUAY STAFF IS IN SUPPORT OF THIS REQUEST. THE PROPERTY IS PROPOSING TO REPLAY LARGE PORTIONS OF UNRESTRICTED LOTS FROM THE MINX PLACE SUBDIVISION RECORDED IN 1908. THIS SUBDIVISION ALSO ESTABLISHED THE CURRENT BLOCK LENGTHS FROM SOUTHWEST SIDE DRIVE TO MACAU ROAD. ALONG FUQUAY IS A LITTLE LESS THAN 5,000 FEET. THIS BLOCK OF FUQUAY WAS DOWNGRADED IN 2020 TO A MAJOR COLLECTOR. NOW FUQUAY IS DESIGNATED AS A, EXCUSE ME. YEAH. UH, THIS BLOCK OF FUQUAY WAS DOWNGRADED AS A MAJOR THOROUGHFARE. NOW FUQUAY STREET IS DESIGNATED AS A MAJOR COLLECTOR IN ADDITIONAL NORTH SOUTH PUBLIC STREETS ARE, ARE REQUIRED STAFFS FIND THAT THIS REQUEST NOT TO PROVIDE A NORTH, NORTH, SOUTH PUBLIC STREET AT THIS LOCATION IS JUSTIFIED. QUAY A STATE SUBDIVISION TO THE WEST. RECENTLY RECORDED, UH, RESIDENTIAL SUBDIVISION WITH A NORTH SOUTH PUBLIC STREET THAT WILL BE EXTENDED WITH FUTURE DEVELOPMENTS ONCE THE TRACK TO THE SOUTH. ONCE THE TRACK SOUTH OF MCDOWELL ROAD DEVELOPS, STAFF WILL ALSO REQUIRE A NORTH SOUTH STREET, WHICH WILL MEET THE INTERSECTION SPACING ALONG THIS BLOCK. REVIEW BY LEGAL INDICATES THAT THIS PLAT WILL NOT VIOLATE RESTRICTIONS ON THE FACE OF THE PLAT OR THOSE FILED SEPARATELY. AND STAFF RECOMMENDS GRANTING THE VARIANCE AND APPROVING THE PLAT SUBJECT TO THE CCPC 1 0 1 FORM. CONDITIONS. MADAM CHAIR, IF IT MEET, IF IT PLEASES THE COMMISSION, YOU MAY OPEN A PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THAT CONCLUDES MY PRESENTATION. THANK YOU. MR. CRILE WILL OPEN, UH, PUBLIC HEARING FOR ITEM 96. I HAVE, UH, UH, MS. VILLAREAL IF THERE'S QUESTIONS. COMMISSIONERS, ARE THERE ANY QUESTIONS? OKAY. HEARING NONE. ARE THERE ANY OTHER, UH, PEOPLE IN THE AUDIENCE THAT WOULD LIKE TO, UH, SPEAK ON THIS ITEM? HEARING NONE. I'LL SEEK A MOTION AND A SECOND FOR STAFF. RECOMMENDATION HEARING. OH, GOTTA CLOSE THE PUBLIC HEARING. YEAH. PUBLIC HEARING IS CLOSED. GARZA, UH, MOTION GARZA. SECOND JONES. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM 97. ITEM 97 IS IDAHO PARK. THIS SITE IS ALSO LOCATED WITHIN HOUSTON CITY LIMITS AT THE SOUTHEAST INTERSECTION OF IDAHO STREET AND ENGLISH STREET. THE PURPOSE OF THIS RE PLAT IS CREATE THREE SINGLE FAMILY RESIDENTIAL LOTS TAKING ACCESS FROM A SHARED DRIVEWAY. THERE ARE NO VARIANCES BEING REQUESTED WITH THIS ITEM. AND REVIEWED BY LEGAL INDICATES THIS PLAT WILL NOT VIOLATE RESTRICTIONS ON THE FACE OF THE PLAT OF THOSE FILED SEPARATELY. STAFF HAS NOT RECEIVED ANY ADVANCED COMMENTS FOR THIS ITEM. AND STAFF RECOMMENDS APPROVING THE PLA SUBJECT TO THE CPC 1 0 1 FORM CONDITIONS. MADAM CHAIR, IF YOU PLEASES THE COMMISSION, YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU. THE PUBLIC HEARING FOR ITEM 97 IS OPEN. I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK? HEARING NONE. I'LL CLOSE THE PUBLIC HEARING AND SEEK A MOTION. AND A SECOND FOR STAFF RECOMMENDATION. MOTION. MOTION POURS PER SECOND ALLMAN SECOND ALLMAN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. MOVING ON TO NUMBER 98. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE HOUSTON PLANNING COMMISSION. MY NAME IS JOHN PHILLIPS CILLO. ITEM NUMBER 98 IS MANSFIELD LIVING REPL NUMBER ONE. THE SUBJECT SIDE IS A NEARLY ACRE SIZED PROPERTY LOCATED IN HOUSTON, CITY LIMITS NORTH ALONG MANSFIELD STREET, EAST OF SEBER STREET AND SOUTH OF DESOTO STREET. THE PURPOSE OF THE REPL IS TO DO A FULL RELA OF MANSFIELD LIVING, BUT TO ADJUST, UH, THE CURVE RADII OF THE TURNAROUND IN THE PREVIOUSLY RECORDED PLAT TO MEET IDM STANDARDS. THERE ARE NO VARIANCES REQUESTED WITHIN THIS ITEM AND THE APPLICANT HAS MET ALL NOTIFICATION REQUIREMENTS. REVIEW BY LEGAL INDICATES THAT THE APPLICATION DOES NOT VIOLATE RESTRICTIONS ON THE FACE OF THE PLAT OR THOSE FILED SEPARATELY. STAFF HAS RECEIVED NO ADVANCED COMMENTS FOR THIS APPLICATION. STAFF RECOMMENDATION IS TO APPROVE THE PLAT SUBJECT TO CCPC 1 0 1 FORM CONDITIONS. MADAM CHAIR FOR PLEASE THE COMMISSION. YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU MR. CILLO. THE PUBLIC HEARING IS OPEN FOR ITEM NUMBER 98. I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK? HEARING NONE. I'LL CLOSE THE PUBLIC HEARING AND SEEK A MOTION. AND A SECOND FOR STAFF RECOMMENDATION. MOTION VERA BLAND. MOTION VERA BLAND. SECOND. SECOND MAR. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. ITEM 98, [01:00:02] UH, ITEM 99 IS MISSION AT YWE RESERVE. 99. THE SUBJECT SITE IS A 14,000 SQUARE FOOT PROPERTY LOCATED IN THE HOUSTON CITY LIMITS SOUTH ALONG ALGIERS ROAD, WEST OF GESNER ROAD AND SOUTH OF TANNER ROAD. THE PURPOSE OF THE PLAT IS TO CREATE A RESERVE RESTRICTED TO RESIDENTIAL USE TO CREATE DORM LIKE ACCOMMODATIONS FOR WOMEN AND CHILDREN IN TRANSITIONAL LIVING AS A FINE PERMANENT HOUSING. THE CHANGE OF USE TO RESIDENTIAL NULLIFIES THE NEED FOR THE 1 93 VARIANCE THAT'S BEEN PROPOSED AND THE PROPOSED VARIANCE IS NO LONGER REQUIRED. REVIEW BY LEGAL INDICATES THAT THE APPLICATION DOES NOT VIOLATE RESTRICTIONS AND DOES NOT HAVE SINGLE FAMILY RESTRICTIONS, MEANING THAT A CLASS THREE PUBLIC HEARING APPLICATION IS NOT REQUIRED. AS SUCH, STAFF RECOMMENDATION IS TO DEFER THE PLAT FOR TWO WEEKS TO CONVERT IT TO A CLASS TWO RE PLAT APPLICATION THAT WILL BE PLACED ON THE CONSENT AND RE PLAT AGENDA IN THE COMING COMMISSION FOR SEPTEMBER 5TH. MADAM CHAIR, PLEASE THE COMMISSION. YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU MR. SADIA. THE PUBLIC HEARING FOR ITEM 99 IS OPEN. I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK? HEARING NONE. I WILL CONTINUE THE PUBLIC HEARING AND SEEK A MOTION. UH, FOR STAFF. RECOMMENDATION MOTION. MOTION FORCE. OKAY. MOTION HEINZ. SECOND FORCE PORTAL. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. THANK YOU. ON ITEM NUMBER 100, GOOD AFTERNOON, MADAM CHAIR AND MEMBERS OF THE PLANNING COMMISSION. MY NAME IS RA RODRIGUEZ, ITEM 100, RESIDENCE AT AMBER. THE SITE IS LOCATED IN THE CITY LIMIT EAST OF INTERSTATE HIGHWAY 45 NORTH OF SIX 10 AND SOUTH OF CROSS TIMBER STREET. THE PURPOSE OF THE WE PLA IS TO CREATE A COURTYARD STYLE DEVELOPMENT WITH FIVE LOTS AND TWO RESERVES. NO VARIANCES ARE BEING REQUESTED WITH THIS ITEM. AND ALL NOTIFICATION REQUIREMENTS WERE MET. PER LEGAL REVIEW INDICATES THAT THIS PROPOSED WE PLA WILL VIOLATE APPLICABLE RESTRICTION, BUT THE RESTRICTION THE LOT MUST BE MINIMUM 5,000 SQUARE FOOT SIZE WITH MINIMUM 50 FEET OF FRONTAGE ON A PUBLIC STREET. THAT RECOMMENDATION IS TO DISCIPLINE THE PLA. HOWEVER, THE APPLICANT HAS SUBMITTED A WITHIN EMAIL REQUESTING A 30 DAY EXTENSION AND IS ALSO PRESENT TO MAKE THIS REQUEST. MADAM CHAIR IS TO APPRECIATE THE COMMISSION. YOU MAY CONTINUE THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU. THE PUBLIC HEARING FOR ITEM 100 IS CONTINUED AND I HAVE THE SPEAKER, THE APPLICANT, STEPHANIE MENDOZA. UH, GOOD AFTERNOON, MADAM CHAIR AND MEMBERS OF THE PLANNING COMMISSION. I'M HERE TODAY TO FORMALLY REQUEST A 30 DAY EXTENSION PER CHAPTER TWO 12 OF THE STATE OF TEXAS TO ALLOW TIME TO COORDINATE WITH LEGAL AND AMEND THE RESTRICTIONS TO DO SO. THE CLIENT'S ATTORNEY HAS REQUESTED ADDITIONAL TIME TO BE ABLE TO COMPLETE THIS PROCESS IN ORDER TO MEET THE REQUIREMENTS. THANK YOU. MM-HMM . COMMISSIONERS, ANY QUESTIONS? OKAY, GO AHEAD. SO, UM, I'M NOT QUITE UNDERSTANDING, SO THIS IS IN VIOLATION OF THE DEED RESTRICTIONS. SO YOUR PLAN IS IN THE NEXT 30 DAYS TO CHANGE THE DEED RESTRICTIONS. AM I READING YOU CORRECTLY? THEY CURRENTLY HAVE FILED AMENDING RESTRICTION. I MEAN, THEY AMENDED THE RESTRICTIONS AND THEY FILED THEM, BUT APPARENTLY THEY DIDN'T INCLUDE THE SIGNATURE PAGES FROM EVERYONE. SO THEY HAVE TO GO BACK AND REDO THAT PART IN ORDER TO, TO COMPLY. OKAY. WELL THANK YOU VERY MUCH. THANK YOU. ANYBODY ELSE? WAS THAT YOUR QUESTION? COMMISSIONER POLLAN. OKAY. OKAY. OKAY. SO, UM, THANK YOU. THANK YOU SO MUCH. SO DO WE HAVE THAT IN WRITING? I KNOW THAT'S A REQUIREMENT, YES. OKAY, GREAT. THANK YOU. UM, SO I NEED, YES, SO I NEED TO, BUT I NEED TO CONTINUE THE PUBLIC HEARING AND ASK FOR A MOTION FOR THE 30 DAY DEFERRAL. MAY I ASK A QUESTION? YES. COMMISSIONER ROBBINS, I, I'M CURIOUS WHETHER STAFF WOULD RECOMMEND APPROVING THE 30 DAY EXTENSION. YES. BEFORE WE MAKE A MOTION TO VOTE ON IT. I'M CUR I MEAN IT'S UP TO THE PLANNING COMMISSION, BUT, UM, IT LOOKED THAT THE APPLICANT IS CURRENTLY WORKING TO AMEND THE RESTRICTION. SO I WOULD SAY YES. THANK YOU. THANK YOU. COMMISSIONER ROBBINS? UH, COMMISSIONER HINES? NO. OKAY. ALRIGHT, GREAT. OKAY. MOTION. MOTION. ROBBINS SECOND STEIN. SECOND STEIN. ALL IN FAVOR? OPPOSED? MOTION CARRIES. THANK YOU. ITEM [c. Replats requiring Public Hearings with Notification (Dorianne Powe-Phlegm, John Cedillo, Devin Crittle, Aracely Rodriguez, and Antwanysha Johnson)] 1 0 1, ITEM 1 0 1 IS SUNDEX AND FATIMA ENTERPRISE. THE SITE IS LOCATED WITHIN, WITHIN THE ETJ OF HARRIS COUNTY, NORTH OF [01:05:01] THE GRAND PARKWAY NORTH ALONG FM 29 20, UH, ADJACENT TO GLEN ELLEN LANE. UH, THE PURPOSE OF THE RE PLAT IS GRADE ONE UNRESTRICTED RESERVE. THERE ARE NO VARIANCES BEING REQUESTED WITH THIS ITEM. THE APPLICANT IS REQUESTING A RECONSIDERATION OF REQUIREMENT TO REMOVE A PLAT NOTE FROM THE PREVIOUS APPLICATION. STAFF IS IN SUPPORT OF THIS REQUEST. THE SITE IS A PARTIAL REPL OF THE WILDWOOD GLEN SUBDIVISION RECORDED IN 2014. AT THAT TIME IN VERNICE CROSSING, WHICH IS THE MAIN ENTRY INTO THE SUBDIVISION, WAS CONSTRUCTED AS A PUBLIC STREET WITH THE CURB CUT INTO ADJACENT PROPERTY. IN 2019. THE STREET WAS CONVERTED INTO A PRIVATE STREET. IT'S CURRENTLY GLEN LANE AND THE CURB AND THE CURB CUT REMAINED. THIS APPLICATION WAS PREVIOUSLY APPROVED BY PLANNING COMMISSION IN JANUARY OF THIS YEAR, AND THEIR APPROVAL INCLUDED A PLAT NOTE TO DENY VEHICULAR ACCESS FROM THE PRIVATE STREET. THE APPLICANT IS NOW REQUESTING TO REMOVE THAT NOTE. PLANNING STAFF AND THE LEGAL DEPARTMENT MET WITH THE APPLICANT AND THEIR LEGAL REPRESENTATIVES TO COME TO THIS RESOLUTION. HARRIS COUNTY HAS VOICED NO OBJECTION TO THIS REQUEST AND REVIEW BY LEGAL INDICATES THIS PLAT IS SUBJECT TO THE RESTRICTIONS THAT WILL BE REFERENCED ON THE FACE OF THE PLAT, BUT DOES NOT CURRENTLY VIOLATE THE RESTRICTIONS. STAFF RECOMMENDS GRANTING THE RECONSIDERATION OF REQUIREMENT AND APPROVING THE PLAT SUBJECT TO THE CPC 1 0 1 FORM. CONDITIONS. UH, MADAM CHAIR, WE HAVE RECEIVED A LETTER OF OPPOSITION. UM, IF IT PLEASES THE COMMISSION, YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU, MR. CRILE. THE PUBLIC HEARING FOR ITEM 1 0 1 IS OPEN. I HAVE SOME SPEAKERS SIGNED UP TO SPEAK. OUR FIRST SPEAKER IS SHANDY KORAN. KORAN, GOOD AFTERNOON. GOOD AFTERNOON. UM, MY NAME IS SHAY CURRAN. IT'S SPELLED S-H-A-N-D-Y. OH, SORRY. UM, S-H-A-N-D-Y. UH, LAST NAME C-U-R-R-A-N. UM, I AM THE PRESIDENT OF THE CURRENT PRESIDENT OF THE HOA FOR WILDWOOD GLEN, WHICH IS THE NEIGHBORHOOD THAT, UM, IS DIRECTLY BEHIND THE GAS STATION. AND I REPRESENT THE, UM, RESIDENTS THERE, AS WELL AS I'M ALSO A RESIDENT THERE. UM, OUR OPPOSING USE OF OUR PRIVATE ROAD IS BECAUSE, UM, FIRST OF ALL, WE WERE WHAT I WOULD CALL DECEIVED AS FAR AS WHAT THE, UH, LAND WAS GONNA BE USED FOR BECAUSE THE DEVELOPER, UM, KENT MCCOFFEE, UH, HE ORIGINAL I HAVE, UM, THE PLAT, HE ORIGINALLY TOLD US THAT, UM, THOSE AREAS WERE GOING TO REMAIN RESERVES AND GREEN AREAS IN PARTICULAR. UM, RESERVE H UH, WHICH ON THE PLAT SAID THAT IT WAS GOING TO BE, UM, RE STAY OF A GREEN AREA. AND IT, AND THE GAS STATION HAS BUILT A PARKING LOT, UM, ON THAT AREA. AND IT IS DIRECTLY, UH, UM, BUT UP AGAINST THE BACKYARDS OF THESE, UM, RESIDENTS. AND, UM, IN THE PROCESS OF THEM BUILDING, THEY HAVE DAMAGED THEIR YARDS, THEIR FENCES, SO ON AND SO FORTH. UM, SO AT THE BEGINNING OF THIS YEAR, UM, KENT MCCOFFEE, UH, WAS MEDICALLY UNABLE TO CONTINUE REPRESENTING OUR, UM, HOA. AND SO WE, UM, SIGNED PAPERS TO TAKE OVER THE HOA FROM HIM. UM, WELL ACTUALLY, UH, FROM HIS DAUGHTER WHO, WHO'S HIS, UM, POWER OF ATTORNEY NOW. UM, AND, UH, WHEN THAT HAPPENED, WE ALSO BECAME THE PRIVATE OWNERS OF GLEN ELLEN LANE. UM, AND, UH, ONCE WE WERE MADE AWARE, UM, THROUGH OUR ATTORNEY, OH, I'M SORRY, JUST PLEASE WRAP UP QUICKLY. THANK YOU. ONCE WE WERE MADE AWARE, UM, OF THE PLANS FOR THE GAS STATION AND THAT WE HAD, UM, THEY WERE TRYING TO USE OUR PRIVATE ROAD, WE ASKED THEM, UM, NOT TO. AND SO THAT'S WHAT WE'RE HERE TO OPPOSE. THANK YOU VERY MUCH, COMMISSIONERS. ANY QUESTIONS? I DO HAVE STAFF THOUGH. OKAY. THANK YOU VERY MUCH FOR YOUR COMMENTS. THANK YOU. MR. CRIDDLE. I BELIEVE THAT COMMISSIONER GARZA HAS SOME QUESTIONS. YES, SIR. YEAH, NO, IT, AND IT'S JUST ABOUT THE PRIVATE ROAD. MM-HMM. I, YOU MENTIONED THAT SOMETHING, UH, THAT THERE WAS SOME LEGAL PAPERWORK DONE OR SOMETHING ELSE TO GIVE THEM ACCESS TO THAT ROAD, AND I THOUGHT THAT HAD BEEN IMPOSSIBLE. SO I, I NEED SOME CLARIFICATION ON THEY'RE USING THAT PRIVATE ROAD FOR THEIR BUSINESS. YES. SO, UM, WE'VE SEEN THIS APPLICATION, UH, QUITE, QUITE A NUMBER OF TIMES OVER THE YEARS. AND, UM, PREVIOUSLY THERE WAS, UH, SUPPORT FROM THE PREVIOUS [01:10:01] HOA OWNER TO ALLOW, UH, PRETTY MUCH SUPPORT TO ALLOW ACCESS, UM, OR NO OBJECTION, IF YOU WANT TO USE THAT TERM, UM, TO ALLOW THIS DEVELOPMENT TO TAKE ACCESS FROM THE PRIVATE STREET. SO THAT WAS PROVIDED DURING THOSE PREVIOUS, UM, SUBMISSIONS, BUT APPARENTLY THERE MAY BE A NEW REPRESENTATIVE, UM, FOR THE HOA. BUT WE DID PREVIOUSLY RECEIVE, UH, NO OBJECTION FROM THE HOA COMMISSIONER STEIN. YEAH. SO DID I MISHEAR THAT, UM, DID YOU SAY THE RECONSIDERATION OF REQUIREMENTS IS TO CORRECT A PLAT NOTE TO THAT WAS A REQUIREMENT THAT THE PLANNING COMMISSION ASKED FOR A CONDI, A CONDITION. A CONDITION THAT WE ASKED FOR YES, MA'AM. AT THE TIME, YES, MA'AM. AND WAS THAT BASED ON PUBLIC OPIN, YOU KNOW, PUBLIC SPEAKING? YES, MA'AM. OKAY. FROM, FROM RESIDENCE IN THE HEARD THE NEIGHBORHOOD DID NOT WANT ACCESS. YES, MA'AM. THROUGH THE STREET. YES, MA'AM. WE HEARD THAT WE TOOK THAT ACTION. CORRECT. NOW WE'RE BEING ASKED TO REVERSE THAT. THAT'S CORRECT. YES, MA'AM. THANK YOU, COMMISSIONERS. ANY OTHER QUESTIONS? YES, COMMISSIONER JONES. IT'S REALLY A QUESTION FOR LEGAL, UM, KIND OF OUTSIDE OF WHAT WE DO, PRIVATE ROAD, SOME THIRD PARTIES USE OF THAT PRIVATE ROAD. YOU KNOW, IT KIND OF, UH, WE'RE, WE'RE TRYING TO, YOU KNOW, I SAY WADE THROUGH THIS TO UNDERSTAND WHETHER OR NOT IT HAS ANY LEGAL STANDING. SO THAT'S WHY I TURNED IT OVER TO YOU. WE WENT ROUND AND ROUND ON THIS ONE WITH THE, UM, COMMERCIAL PROPERTY OWNER'S ATTORNEY. UM, AS YOU MIGHT EXPECT, UM, MR. IS FAR, IF YOU ALL REMEMBER, OH, OMAR. SO I'M PREVIOUSLY SITTING IN THIS SEAT MANY YEARS AGO. UM, SO WE WENT ROUND AND ROUND ON THAT. UM, YOU KNOW, HE, HE DID MAKE SOME ALLEGATIONS THAT THE PROPERTY, WHEN IT WAS PURCHASED HAD ACCESS TO THAT ROAD. UM, IT HAS HAD APPARENT ACCESS BECAUSE THAT DRIVEWAY CUT WAS ALREADY THERE. UM, WE CAN'T RELEASE THAT FROM OUR END, SO WE PROPOSE THAT THEY BRING THAT BACK AS, UM, FOR, FOR YOUR RECONSIDERATION. I WILL NOTE THAT IN AN AUDITEE, PERHAPS ON THIS, THAT THIS PROPERTY OWNER HAS REQUESTED TO BE RELEASED FROM THE CITY OF HOUSTON, ETJ. UM, IF YOU DON'T GRANT THE RELEASE OF IT, AND I'M NOT SUGGESTING THIS IS A REASON NOT TO, UM, THAT CONDITION WILL STILL BE ON THE PLAT WHEN HE HAS TO GO TO PERMITTING AND, AND, UM, ALL OF THE ENFORCEMENT ISSUES AT, AT THE COUNTY. UM, KIND OF JUST AN ODD TIMING THING, BUT THIS CAME IN BEFORE THE REQUEST TO BE RELEASED FROM THE ETJ. SO, AND HONESTLY, WHAT WHAT IT BOILS DOWN TO IS IT WILL EVENTUALLY BE A PRIVATE DISPUTE BETWEEN THE HOA AND THAT PROPERTY OWNER, AND YEAH. YES, COMMISSIONER MORRIS. I MEAN, THAT'S, THAT'S KIND OF MY, MY QUESTION. AND I DON'T WANNA GO DOWN THIS RABBIT HOLE 'CAUSE IT'S NOT OUR PURVIEW, BUT I MEAN, THE HOA OWNS IT, MAINTAINS IT. IF THERE'S DAMAGE TO IT, THEN THERE'S A, NEEDS TO BE AN AGREEMENT. AND I DON'T KNOW, IS THERE AN AGREEMENT IN PLACE TO EVEN, UH, HAVE US, LIKE, I DON'T KNOW HOW WE CAN EVEN CONSIDER THIS IF THERE'S NOT A FORMAL AGREEMENT IN PLACE BETWEEN THE TWO PRIVATE OWNERS. SO I'M, I'M, I'M A KIND OF A LITTLE CONFUSED ABOUT THAT SHOULD BE TOLD MS. MATH OR MS I'M NOT AWARE OF AN AGREEMENT, BUT I WOULD LEAVE THAT TO, TO THE HOA OR, OKAY, MS. I DON'T KNOW IF THE OWNER IS PRESENT. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF PLANNING COMMISSION. MY NAME IS TI MATHUR. JUST ONE POINT OF CLARIFICATION FOR THE COMMISSION TO, UH, JUST CONSIDER AT THE TIME THE COMMISSION IMPOSED THIS CONDITION ON THE PLOT, THERE WERE NO VARIANCES REQUESTED. AND TODAY ALSO THERE ARE NO VARIANCES REQUESTED. SO JUST, JUST TO HAVE THAT, WHEN YOU'RE JUST MAKING THIS DECISION, BECAUSE THERE ARE NO VARIANCES REQUESTED, THE PLAT MEETS ALL THE CONDITIONS OF CHAPTER 42. SO BEYOND THAT, ANY CONDITIONS ARE EITHER TO BE PLACED DURING PERMITTING OR WOULD OCCUR DUE TO ANY AGREEMENTS BETWEEN THE HOA OR NOT. THAT IS BEYOND THE PURVIEW OF THE COMMISSION. I, I, I DON'T WANNA SPEAK OUT OF BOUND, BUT THE LEGAL CAN, UM, EXPLAIN IF IT IS COMMISSION'S PURVIEW OR NOT. BUT, UM, CHAPTER 42 PER CHAPTER 42, THE PLAT MEETS THE RE REQUIREMENTS AND CONDITION OR NOT, IS NOT, UM, WE PLANNING COMMISSION MAY HAVE PLACED A CONDITION UPON CERTAIN DISCUSSION, AND THAT WAS NOT PROBABLY REQUIRED AS IT WAS NOT A VARIANCE. AND TODAY ALSO THERE ARE, THERE ARE NO VARIANCES REQUESTED. OKAY. OKAY, MR. STEIN. SO, SO WE ARE NOT BEING ASKED TO APPROVE A RECONSIDERATION OF REQUIREMENT. [01:15:01] THIS RECONSIDERATION OF REQUIREMENT IS OF THAT NOTE AND RECONSIDERATION OF THE REQUIREMENT DOES NOT ALWAYS HAVE TO HAVE A VARIANCE. AND THIS ONE DOES NOT HAVE A VARIANCE. OKAY. THANK YOU. COMMISSIONER ROBBINS, DO YOU KNOW WHAT THE, THE CON THE, THE CRUX OF THE CONVERSATION WAS WHEN WE PUT THAT NOTE ON THE PLAT? AND HOW LONG AGO WAS IT? UH, THIS WAS IN JANUARY AND THERE WERE CONCERNS FROM THE RESIDENTS ABOUT POSSIBLE, UH, LARGE 'CAUSE IT'S GONNA BE LIKE A GAS STATION SERVICE STATION. SO THE FEAR OF THE DAMAGE LARGE, UH, 18 WHEEL IS MADE DUE TO, UH, THE PRIVATE, THE PAVING ON THE PRIVATE STREET. OKAY. COMMISSIONER AND OTHER CONCERNS AS WELL. BUT THAT WAS THE MAIN ONE. SO WE COULD STILL PROVE THAT DESPITE THE FACT THAT IT'S NOT A VARIANCE. AND STILL INSIST ON THAT NOTE REMAINING ON THE PLAQUE. COULD WE NOT? YOU COULD, YEAH. OKAY. THAT'S WHAT I WOULD RECOMMEND. COMMISSIONER STEIN . OKAY. COMMISSIONER VAR, PROBABLY QUICK. UM, I NOTICED IN THE PUBLIC COMMENTS THERE WERE PICTURES OF DAMAGE TO THE PRIVATE ROAD, WHICH I THINK IS PART OF THE CONCERN. DO YOU HAVE ANY INFORMATION ABOUT THAT? UM, NO. NO MA'AM. THE APPLICANT SIGNED UP TO SPEAK, SO WE'LL GET SOME CLARIFICATION THERE, COMMISSIONER. OKAY. ALRIGHT. GREAT. OKAY, COMMISSIONER BALDWIN. BALDWIN, ARE WE CLEAR THIS IS A SHALL APPROVE OR NOT ? SO IN EITHER SCENARIO, THE PLAT WILL BE APPROVED. IT'S EITHER WITH, WITH THE CONDITION OR WITHOUT, OR CORRECT. BUT WE CAN IMPOSE THE CONDITION IF WE WANTED TO. OKAY. IT'S A LITTLE GRAY. I UNDERSTAND, BUT YOU HAVE TAKEN THAT STEP TO PROTECT THE NEIGHBORHOOD AND THE PRIVATE ROAD WAS MY UNDERSTANDING OF THE COMMISSION'S CORRECT. JUSTIFICATION AT THAT POINT. OKAY. I DON'T BELIEVE MR. ASFA IS HERE TO ARGUE HIS OTHER POINTS, BUT, OKAY. ANY OTHER QUESTIONS BEFORE WE MOVE TO THE NEXT SPEAKERS? OKAY, OUR NEXT SPEAKER IS CARRIE WALKUP. DOCUMENT CAMERA PLEASE. OKAY. HELLO, BOARD. MY NAME IS KERRY WALKUP AND I'M A PROUD HOMEOWNER AND BOARD MEMBER OF WILDWOOD GLEN, HOA, UM, WHOM WE ARE THE OWNERS OF WILDWOOD OR OF, UH, GLEN ELLEN LANE, WHICH IS A PRIVATE ROAD TO OUR COMMUNITY. I'M OPPOSED TO THE PROPOSED PLAT. LAST YEAR, FATIMA AND SUNDUS ENTERPRISES BEGAN A BUILD OF A CONVENIENCE STORE, WHICH WAS THE PREVIOUS BOARD WAS TOLD WAS NOT GOING TO BE A GAS STATION THAT INCLUDES KENT, WHICH IS WHY HE SIGNED THAT LETTER OF NO OBJECTION. UM, ONCE A HUGE HOLE THAT WAS DANGEROUS UNCOVERED AND AN ATTRACTIVE NUISANCE TO CHILDREN NEARBY. WE REALIZED THAT WE WERE FOOLED. WE'VE CONTINUED TO MAINTAIN THIS BUILD. THEY HAVE CONTINUED TO MAINTAIN THIS BUILD POORLY AND DANGEROUSLY TO INCLUDE A HIGH VOLTAGE, TEMPORARY POWER, EASILY ACCESSIBLE TO ANYONE. BEFORE THIS, THEY WERE BELIEVED TO HAVE STOLEN ELECTRICAL POWER FROM OUR GATE. THEY HAVE DAMAGED OUR ROAD FENCE PLANTS AND SPRINKLER SYSTEMS. UM, I CAME HERE LAST TIME AND SPOKE WITH MR. DEVIN CRIDDLE, AND I'VE TALKED TO HIM PREVIOUSLY AND HE SAID THAT WE DIDN'T HAVE ANYTHING TO WORRY ABOUT BECAUSE NO VARIANCE WOULD BE GIVEN BECAUSE IT'S A PRIVATE ROAD. WE CURRENTLY HAVE DEED RESTRICTIONS IN PLACE FOR OUR AREA, INCLUDING THOSE SURROUNDING COMMERCIAL PROPERTIES. UM, MR. THAT MR. MCKENT MCNATTY OWNED AT THAT TIME, THIS COMPANY CURRENTLY IS VIOLATING THOSE RESTRICTIONS. YOU SAY THEY'RE NOT, THEY ARE. THERE IS A DEED RESTRICTION AGAINST GAS STATIONS, SPECIFICALLY SERVICE STATIONS. THEY'RE TRYING TO SAY THEY A-A-R-A-C CONVENIENCE STORE WITH A QUICK SERVICE, UM, RESTAURANT AND, UM, UH, LIKE A RETAIL SPACE. UM, WHAT IS THE POINT OF HAVING THESE DEED RESTRICTIONS IF YOU ALLOW COMPANIES TO COME IN AND DISREGARD THEM? THEY'VE BEEN, THEY HAVE BEEN DECEPTIVE IN WHAT THEY'RE CALLING THEMSELVES, AND THEY CONTINUE TO TRESPASS ON OUR PRIVATE ROAD, EVEN TO THIS DAY, INCLUDING OUR EASEMENT TO ADDRESS THEIR STATEMENT THAT THEY SENT TO YOU. KENT DID SIGN A WAIVER FOR THE PRIVATE ROAD TO BE USED IN 4 27 22. HOWEVER, WE ONLY RECENTLY ESTABLISHED OUR COMMUNITY WITH HARRIS COUNTY IN JANUARY 26TH OF THIS YEAR. SO KENT NO LONGER OWNS THAT ANY PROPERTY INCLUDING THE PRIVATE ROAD. SO NO, UH, OUR, OUR HOA BOARD, SHANDY CORRIN. BUT YOU JUST MET, SEND A LETTER TO MR. MOHAMMED DEHI, WHICH IS ON HERE, HERE THAT YOU CAN SEE, UH, THE COMMUNITY REVOKED THAT ACCESS AND REFUSES ANY FUTURE ACCESS TO OUR ROAD AFTER A FAILED NEGOTIATIONS TO ENTER INTO A USER ROAD AGREEMENT. WE DID TRY WITH THAT. THEY WERE TRYING TO STRONG ARM US AND GO AND SUBVERT US AND GO THROUGH YOU TO GET THIS APPROVED SO THEY DON'T HAVE TO DEAL WITH US. WE LIVE IN A POORLY MAINTAINED CONSTRUCTION ZONE, LIGHT POLLUTION FROM FLOODLIGHTS SHINING INTO OUR WINDOWS AND YARDS, HIGH TRAFFIC, INCLUDING DAMAGE TO OUR ROAD GATE, MORE NOISE, PEOPLE PARKING IN THE EMPTY LOTS, BROKEN FENCE PICKETS ALONG OUR GREEN SPACE DUE TO THEIR NEGLIGENCE. ULTIMATELY, GLEN ALLEN IS OWNED AND OPERATED BY US. COLLECTIVELY, [01:20:01] THE COMMUNITY REJECTS ACCESS TO COMMERCIAL TRAFFIC, SUCH AS THE HEAVY LOADED SEMI TRUCKS THAT ARE GONNA DESTROY OUR ROAD. SO WALK 15 WALK UP. YOUR TIME IS UP. PLEASE WRAP UP REALLY QUICKLY. IT'S ON IT. OKAY. THANK YOU. THANK YOU. ANY QUESTIONS, COMMISSIONERS? OKAY. WE DO HAVE ONE, UH, FOR LEGAL. IS THERE PRESENTATION? THINK WE TALKED EARLIER. UM, JUST FOR EVERYONE'S PURVIEW, IS THERE A VIOLATION OF ANY DEED RESTRICTIONS HERE RELATIVE TO THERE BEING A GAS STATION? THERE ARE CERTAIN COMMERCIAL ESTABLISHMENTS THAT ARE PROHIBITED TO BE OPERATED ON THIS LAND. AS I WAS LOOKING ON MY COMPUTER TO SEE IF GAS STATIONS WERE, MY COMPUTER DIED, SO I'M TRYING TO FIND IT ON MY PHONE NOW. OKAY. SO DO YOU WANNA I, MS. AL WANTS TO SPEAK. SO YES, COMMISSIONER MORRIS. UM, AND THIS MIGHT BE A QUESTION FOR MR. SMITH IN PUBLIC WORKS, BUT IF THAT'S A PRIVATE ROAD, COULD THE COMMUNITY CONSIDER ELIMINATING THAT CURB CUT? IT'S IN THE COUNTY. WELL, I MEAN, THEY OWN IT. THEY, THEY MAINTAIN IT. IT'S, IT'S ON THEIR PROPERTY. I'M JUST CURIOUS. I SO FROM THE CITY OF HOUSTON STAND STANDPOINT, THIS IS IN THE ETJ. SO WE ACTUALLY HAVE NO, THE PUBLIC WORKS WOULD HAVE NO CONTROL OVER THAT. NO, I KNOW THAT. BUT DO YOU KNOW, COULD, COULD, WERE THEY IN WITHIN THE RIGHT TO GO PUT A CURB THERE AND ELIMINATE THAT CURB CUT? I MEAN, THEY OWN IT, I GUESS IT'S WHAT I MEAN, IF THEY DON'T HAVE ANY AGREEMENT WITH THE OTHER OWNER, THEN YEAH, THEY COULD. I MEAN, JUST THROWING IT UP THERE, . OKAY. YES. OKAY. THIS WOODS, YES. SO I HAVE IT PULLED UP AND IT SAYS ONE OF THE PROHIBITED USES IS A SERVICE STATION OR GASOLINE SALES FACILITY. UNLESS, OKAY. AND OF COURSE, I JUST LOST IT. JUST A MOMENT. OKAY. UNLESS THE BUILDING IS CONSTRUCTED OF BRICK, STONE OR STUCCO AS APPROVED BY THE COMMERCIAL ARC, HOWEVER, IN NO EVENT SHALL SUCH A FACILITY BE CONSTRUCTED ON THE COMMERCIAL PROPERTY PRIOR TO JULY 1ST, NINE, UH, 2016, UNLESS APPROVED BY THE COMMERCIAL ARC. SO IT LOOKS LIKE, UM, IT CANNOT BE CONSTRUCTED ON THERE UNLESS IT IS A BRICK STONE OR STUCCO AS APPROVED BY THE COMMERCIAL ARC. AND WHAT, EXCUSE ME, WHAT IS THE COMMERCIAL ARC? A ARCHITECTURAL REVIEW? OH, THE ARCHITECTURAL REVIEW BOARD. RIGHT. IS THERE AN ARCHITECTURAL REVIEWER? DO WE KNOW? DOES THE NEIGHBORHOOD HAVE AN ARCHITECTURAL REVIEW? IT WOULD BE THE COMMERCIAL ARCHITECTURAL REVIEW, YEAH. IS THERE ONE THOUGH, IS THE QUESTION WE DON'T KNOW. THERE HAD TO HAVE BEEN ONE ESTABLISHED. THERE HAS TO HAVE BEEN ONE YES. RESTRICTIONS. MS. FIAL, YOU'VE SIGNED UP TO SPEAK, SO IF YOU WOULD PLEASE COME UP AND MS. FIAL? YES, I THINK YOU CAN ANSWER SOME OF THESE QUESTIONS OF THE CAMERA PLEASE. HI, I AM CERTAIN, GOOD AFTERNOON. MY NAME'S MARY RE WITH THE INTER FIELD GROUP. AS YOU SEE, THERE'S A LOT OF THINGS FLYING AROUND. SOME OF THEM ARE LEGAL AND, UH, I'M NOT CAPABLE PROBABLY TO ANSWER ALL OF THOSE. BUT I, I DID WANT TO PUT ON THE OVERHEAD FOR EVERYONE TALKING ABOUT THE LETTER FROM THE HOA. IT'S ON, WE SUBMITTED PLANS FOR THE C-STORE, UH, TO THE GENTLEMAN THAT WAS AUTHORIZED TO SIGN IN 2022. UH, AND THIS ALSO HAS A STAMP SHOWING THAT THE PLANS, THE PERMIT WAS ISSUED ALSO IN 2022. WE'VE, UH, SUBMITTED A LOT OF INFORMATION TO YOU. I UNDERSTAND. UM, I EMPATHIZE ALWAYS WITH NEIGHBORS AS WE ALWAYS TRY TO WORK WITH HIM, WITH OUR DEVELOPERS. IN THIS CASE, ALL THE INFORMATION THAT IS IN OUR VARIANCE, UH, OR THE VARIANCE INFORMATION. I'M HOPING YOU TAKE THAT INTO CONSIDERATION. 'CAUSE I KNOW THAT EVERYONE HAS RIGHTS, BUT OUR CLIENT ALSO HAS RIGHTS. HE, THAT WAS AN EXISTING DRIVEWAY. IT WAS THERE BEFORE IT WAS DONE, UH, PER, YOU KNOW, UH, RE PLOTTED INTO A PRIVATE STREET. UM, I'VE ALSO PROVIDED ALL DOCUMENTATION MYSELF CHECKING WITH, UH, THE JR THE JOINT REFERRAL COMMITTEE, UM, THE REAL ESTATE DEPARTMENT IN HARRIS COUNTY ABOUT CERTAIN METHODS THAT YOU HAVE TO GO THROUGH IN ORDER TO DO A REPL. I'M DOING THAT ONE MYSELF RIGHT NOW, WHICH A PLAT I'LL BE SUBMITTING SOON. I HAD TO GO THROUGH ALL THE STEPS. IT MIGHT'VE BEEN DIFFERENT AT THAT TIME AND WE'RE NOT, YOU KNOW, I WOULD [01:25:01] REALLY LIKE YOU TO TAKE THAT INTO CONSIDERATION. THE BUILDING WILL MEET ALL OF THE REQUIREMENTS AS FAR AS THE, UH, FOR ANY OF THE, YOU KNOW, ANYTHING CONSTRUCTION WISE OR ARCHITECTURAL. THEY WILL MEET THOSE. IT DOES MEET THOSE. WE HAVE PERMITS, THE STORE'S BUILT. UM, AND SO WE DO HAVE SOMEONE WHO IS, WHO WAS AUTHORIZED TO SIGN IN 2022. AND SO I WOULD LIKE HIM TO REQUEST THAT YOU PLEASE CONSIDER APPROVING NOT PUTTING THAT ACCESS DENIED NOTE ON THE PLATS. THANK YOU FOR YOUR COMMENTS. I'M GONNA ASK FOR QUESTIONS, BUT I HAVE A QUESTION. YES, SURE. HAVE YOU LOOKED AT ENTERING OFF OF 29 20, IS THERE A REASON YOU WON'T ENTER OFF OF THAT ROADWAY? WE HAVE, WE HAVE, THERE IS A DRIVEWAY OFF OF EV 29 20. MM-HMM . ARE YOU REQUIRED TO HAVE TWO ACCESS POINTS, OR IS ONE EXCESS POINT ADEQUATE? HONESTLY, I, I THINK, I DON'T THINK, I'M NOT, I COULDN'T ANSWER THAT QUESTION RIGHT NOW. I'M SO SORRY. OKAY. COMMISSIONERS, DO YOU HAVE ANY QUESTIONS, COMMISSIONER MAREZ? I MEAN, YOU SPECIFICALLY MENTIONED THE DEVELOPMENT OR DEVELOPER HAVING RIGHTS. SO I GUESS MY QUESTION IS, UM, ARE THERE LEGAL DOCUMENTATION TO THOSE RIGHTS? WELL, I MEAN, WHEN THEY DID THE REPL INTO A PRIVATE STREET, AND AGAIN, I'M NOT AN ATTORNEY, BUT I'M JUST SAYING IN LOOKING AT THE MATTER, GOING BACK TO WHAT PRESENTATION TO BE DONE, UM, USUALLY WHEN I HAVE TO ABANDON AN ALLEY OR A PUBLIC STREET, I HAVE TO TURN IN SIGNED LETTERS FROM ALL THE ABUTTING OWNERS. I'M NOT SURE, WE HAVE NOT BEEN ABLE TO FIND THOSE THAT THE OWNER OF THIS TRACT OR THE TRACT THAT HAS A COMMERCIAL DEVELOPMENT ACROSS THE STREET WAS, YOU KNOW, WE'RE NOT TRYING TO POINT FINGERS. WE'RE NOT, WE WE'RE WILLING TO WORK WITH THE WAY, AND I, NOT SAYING ANYBODY'S FAULT, BUT THEY'RE STILL JUST LEGAL MATTER OF IT. LIKE, DO THEY HAVE LEGAL RIGHTS TO, TO WHAT YOU ARE SAYING, YOU KNOW, THEY'RE RIGHT, BUT IT APPEARS SO. BUT AGAIN, I'M NOT AN ATTORNEY, BUT I MEAN, I SPOKE TO THE HO A'S ATTORNEY. UM, I TOLD HIM WE'RE WILLING TO WORK WITH HIM. HE WASN'T AWARE OF THE SITUATION AT THE TIME. I TOLD HIM IF HE COULD GET, YOU KNOW, IF HE, WE WERE WILLING TO WORK WITH THE HOA, WE CAN MEET WITH THEM. WE'RE NOT WANTING TO BE A BAD NEIGHBOR. UH, YOU KNOW, IF THERE'S, YOU KNOW, THERE, THERE HAVE BEEN AN IN CONSTRUCTION, THERE MIGHT BE SOME DAMAGE. IT'S GONNA HAVE TO BE REPAIRED. UM, I'M WILLING TO REACH OUT TO THE HOA IF THERE'S SOME TYPE OF AGREEMENT, UM, THAT THEY WANT US TO WORK WITH HIM. UM, IT'S DIFFICULT TO REALLY SAY. BUT I'M GONNA PUT MY NECK OUT THERE AND SAY THAT, YOU KNOW, IT WOULD BE FAIR THAT IF THERE WAS A DAMAGE TO THAT PRIVATE STREET THAT, YOU KNOW, THE, THE DEVELOPER WOULD BE WILLING TO, I KNOW HE'S A NICE GENTLEMAN. UM, WE COULD DO THAT AS A CONDITION, UH, FOR THE APPROVAL, UH, THAT WE PROVIDE A LETTER, UH, OR AN AGREEMENT TO, YOU KNOW, MA HELP MAINTAIN THAT PORTION OF THE STREET, OF THE DRIVEWAY. UM, IT'S JUST, IT'S BEEN A DIFFICULT PROJECT. THE STORE IS THERE. AND SO, UH, WHETHER OR NOT THE GENTLEMAN, YOU KNOW, AT THE TIME HE GAVE US THE, OKAY, UH, OUR CLIENT HAS A STORE THAT'S BUILT. DID THAT ANSWER YOUR QUESTION? SOMEWHAT. OKAY. COMMISSIONER STEIN, THANK YOU SO MUCH. I, I'M SORRY. I WAS LOOKING AT THE, UH, AERIAL VIEW. I DIDN'T REALIZE IT'S ALREADY BEEN BUILT. YES, MA'AM. BUT TO ME, IF YOU WANNA BE A GOOD NEIGHBOR YES, MA'AM. YOU COULD PUT ANOTHER CURB CUT ON, YOU KNOW, FM 29 20, UM, I BELIEVE. ALL RIGHT. THEN YOU WOULD HAVE THE ONE ACCESS YOU HAVE AND NOT HAVE TWO, TWO ACCESS POINTS. I MEAN, IT SEEMS LIKE YOU COULD SOLVE THIS PROBLEM BY ELECTING TO USE THE ACCESS ON 29 20 AND NOT USING THE PRIVATE STREET. I JUST, THAT'S JUST MY OPINION. YOU DON'T HAVE TO RESPOND. THANK YOU, COMMISSIONERS. ANY OTHER QUESTIONS? WELL, YES, COMMISSIONER KARD. OKAY. UM, AMONG THE, THE VEHICLES THAT THEY WANT TO USE THIS PRIVATE STREET FOR, WOULD IT INCLUDE LIKE THESE BIG TRUCKS THAT THEY USED TO REFUEL THE, THE SERVICE STATION? I, I DON'T KNOW WHAT THEY'RE CALLED. . WELL, I'M JUST GONNA SPEAK ON WHAT DISCUSSIONS I'VE HAD. I DON'T HAVE ANYTHING SOLID. NOW. MY UNDERSTANDING IS THAT THE TRUCKS WOULD ENTER THROUGH THE FM 29 20, I BELIEVE. AND I DON'T KNOW IF FRED IS HERE. HE MIGHT HAVE SEEN THE DRAWINGS WHERE THERE'S A FIRE LIEN. UH, I BELIEVE THEY FOLLOW THAT, BUT I, I CAN GET BACK TO YOU ON THAT. I JUST DON'T HAVE THAT 100% RIGHT NOW. MR. MATHIS, WOULD YOU LIKE TO COME UP PLEASE? [01:30:02] WE WOULD JUST LIKE TO GET YOUR PERSPECTIVE, HARRIS COUNTY'S PERSPECTIVE ON THIS APPLICATION. OKAY. FRED MATHIS WITH HARRIS COUNTY. CAN YOU REPEAT THE QUESTION AGAIN? WELL, THE QUESTION IS, ARE YOU IN AGREEMENT WITH WHAT THEIR REQUEST, WHICH IS TO HAVE THAT ACCESS POINT ON THE PRIVATE STREET? YES, WE ARE IN AGREEMENT WITH THAT. 'CAUSE I BELIEVE WITH OUR FIRE CODE REGULATIONS, IT'S PROBABLY, UM, YOU'RE REQUIRED TO HAVE TWO POINTS OF ACCESS. YOU'LL GET, WE ONLY CAN GET ONE POINT FROM TDOT BECAUSE OF THE TDOT PERMIT. OKAY. ALRIGHT. THANK YOU. ANY OTHER QUESTIONS FOR HARRIS COUNTY? YES, COMMISSIONER MARK, UH, VICTOR, WELL, NOT, I'M SORRY FOR HARRIS COUNTY, BUT I DID HAVE IT FOR LEGAL. WELL, LET ME SEE. COMMISSIONER ROSENBERG, WAS YOURS LEGAL OR, OKAY, THANK YOU MR. MATHIS. OKAY. OKAY. COMMISSIONER VICTOR, UH, MS. MICKELSON, UH, AND MS. WOODS, I AM REALLY CONFUSED IF THIS IS A PRIVATE STREET, HOW CAN WE AUTHORIZE, UH, THE USE OF, UH, USE OR NO USE OF THAT STREET? I'M JUST CURIOUS. RIGHT, SO, SO IT, THAT IS EXACTLY THE QUESTION OF, YOU KNOW, WHAT WAS FIRST IN TIME, WHAT WAS PROPERLY DONE OR NOT. UM, MR AS FAR, AND I WENT THROUGH IN SOME GREAT DETAIL, THE REPL IN, UH, 2019 OF THAT STREET TO CHANGE IT TO A PRIVATE STREET. UM, IF THERE WAS AN ERROR IN IT, FRANKLY, IT'S BEEN VALIDATED BY TEXAS LAW. SO THAT'S SET, THAT WAS BEFORE THE LETTER FROM THE DEVELOPER IN THAT AREA, UM, CONVERSION OF IT TO A PRIVATE STREET. SO, UM, THERE'S THAT ISSUE OUTSTANDING AS WELL, JUST FROM THE TIMING OF IT. AS I MENTIONED AT THE VERY BEGINNING, THIS IS ULTIMATELY GONNA END UP BEING A DISPUTE OR FUTURE DISPUTES BETWEEN THE HOA AND THE COMMERCIAL PROPERTY OWNER FOR DAMAGES AND CAUSATION AND WHETHER OR NOT THEY HAVE THE RIGHT TO, TO USE IT. UM, AS I MENTIONED TOO IN MY FIRST COMMENTS THAT, UM, HE, YOU KNOW, MR IS FAR POINTS OUT THAT THIS WAS ON THE GROUND WHEN THE PROPERTY WAS PURCHASED, THE ENTRANCE WAY TO THAT, WHEN IT WAS, UM, WHEN THE ROAD WAS REPLANTED TO PRIVATE, IT WAS NOT, THAT WAS NOT BLOCKED OFF. UM, WHETHER OR NOT THAT WOULD'VE MET COUNTY RULES IS A QUESTION I WOULD LEAVE TO MR. MATHIS, BUT YEAH, SO IF THIS BECOMES A LEGAL DISPUTE BETWEEN THE OTHER TWO ENTITIES OR THE PRIVATE ENTITIES, HOWEVER, WHICH ARE WAY WE DECIDE TO RULE, UM, COULD ONE OF THOSE PARTIES COME BACK TO THE CITY, UM, AND ALSO HAVE A LAWSUIT, BUT THERE'S A POTENTIAL OR NO, NO. I, I, I THINK YOU ALL ARE EXERCISING YOUR DISCRETION WITHIN THE REALMS OF THE AUTHORITY GRANTED TO YOU UNDER, UNDER CHAPTER 42 AND STATE LAW. SO, NO, NOT SAYING YOU COULDN'T BE NAMED, BUT I THINK IT'S NOT ABOUT PERSONALLY, BUT THE CITY, LIKE HOW IS, SINCE CITY DOES NOT, IT DOESN'T FALL, IT'S NOT ETJI. YEAH, CORRECT. HOW, HOW WOULD, UH, CITY BE IMPACTED BY THE DECISION WHICH, WHATEVER THE DECISION THIS BODY MAKES, I, I THINK THE IMPACT WOULD BE LET, WOULD BE LITTLE OR SMALL. AND, AND DID I HEAR YOU SAY THAT THEY PETITIONED TO GET OUT OF THIS CITY'S ETJ? YES, THEY HAVE. OKAY. YES. AND THAT PETITION, DO YOU KNOW WHEN IT WAS? UH, I JUST SAW IT, UM, I WANNA SAY THE END, VERY END OF JULY, MR. MATH, JULY, MR. MATHIS PROBABLY HAS AN ANSWER FOR US. . THANK YOU MR. MATHIS FOR COMING BACK OUT. OKAY. NO PROBLEM. WAS RECEIVED BY THE CITY OF HOUSTON IN LATE AUGUST, AND I BELIEVE BY SEPTEMBER 10TH IT WILL BE THE 45 DAY PERIOD WE'LL HAVE ELAPSED AND IT WILL BE IN THE NO ETJ ZONE. OKAY. THANK YOU, YOU FOR THAT CLARIFICATION. I, I WANNA SAY IT WAS LIKE JULY 29TH. YEAH. SO BY SEPTEMBER 10TH IT WILL GO OUT OF THE CITY, BUT THE, THE POINT OF THAT IS THIS, THIS IS STILL A NOTE ON THE FACE OF THE PLAT BECAUSE EVEN IF IT'S IN HARRIS COUNTY, YOU STILL SEE THOSE PLATS, RIGHT? SO, RIGHT. YEAH. OKAY. OKAY. COMMISSIONERS, ANY OTHER QUESTIONS? IS IT CLEAR AS MUD? YEAH. ALL RIGHT. SO GO AHEAD. JUST ONE POINT. SO IF I UNDERSTAND THIS CORRECTLY, MR. CREDLE, WHAT'S REALLY HAPPENING HERE IS WE CAN EITHER VOTE FOR, OR, OR NOT TO KEEP THAT, THAT NOTE ON THE PLAT, CORRECT? THEY HAVE ACCESS OR THEY DON'T. CORRECT. BUT REALLY THEY'RE GONNA HAVE TO TAKE THIS TO COURT. THIS IS A LEGAL ISSUE THAT THEY'RE GONNA HAVE TO FIGURE OUT ON THEIR OWN, BECAUSE WE DON'T REALLY, WE'RE NOT GONNA CONTROL ANYTHING THAT HAPPENS THERE IN ANYTHING. AS YOU SAID, THE, THE NEIGHBORHOODS HAS ALREADY SAID THEY'RE ALREADY IN VIOLATION OF IT. THEY'RE BREAKING UP THE STREET AND THE CURBS IN ABC AND D, WE HAVE NO POWER OVER. THAT IS MY ONLY POINT. SO, UM, SO IF THERE'S NOT ANOTHER MOTION, ROSENBERG, SO YES. COMMISSIONER ROSENBERG, [01:35:01] NOT MOTION QUESTION, JUST 'CAUSE THE MUD'S STARTING TO SETTLE OUT. UM, WHO SPECIFICALLY IS ASKING TO REMOVE THIS NOTE FROM THE PLAT? THE DEVELOPER WHO OWNS THE PROPERTY? CORRECT? THE COMMERCIAL PROPERTY OWNER COMMERCIAL MM-HMM . YEAH. THAT HAS THE TENANT, OR IS THE TENANT? MM-HMM . THEY'RE, THEY'RE WANTING TO REMOVE THE NOTE THAT STATES SPECIFICALLY TO DENY VEHICULAR ACCESS TO GLEN ALLEN LANE. IT'S THEIR PLAT. MM-HMM . THEY'RE THE ONES WHO PUT IN THE FIRST TIME, SO THEY CAN REQUEST A MODIFICATION TO THEIR PLAT. WHAT HE SAID, REPEAT WHAT HE SAID. 'CAUSE HE DOESN'T HAVE HIS MIC ON . THEY, THEY ACCEPTED, UH, THE NOTE, THE CONDITION OF THE PLAT, THE CONDITION, BUT IT'S THEIR PLAT. NO ONE ELSE IS TRYING. SO THEY CAN REQUEST A CHANGE TO THEIR PLAT, CORRECT? CORRECT. CORRECT. OKAY. I JUST WANNA MAKE SURE IT WAS THEIR PLA MM-HMM. AND THEIR REQUEST CHANGED. GOT IT. NOW THIS IS THE CHANGE. THIS IS THE CHANGE HERE. YEAH. OKAY. COMMISSIONERS, ANY OTHER QUESTIONS? OKAY, MR. CRIDDLE? YES, MA'AM. I AM GOING TO CLOSE THE PUBLIC HEARING AND ASK YOU TO RESTATE THE MOTION, PLEASE. YES. UH, STAFF'S RECOMMENDATION IS TO GRANT THE RECONSIDERATION OF REQUIREMENT TO REMOVE THE NOTE SUBJECT TO THE CPC 1 0 1 FORM CONDITIONS AND APPROVE THE PLAT. AND THAT GIVES THEM THE RIGHT TO HAVE THAT ACCESS POINT, NOT REMOVE IT. CORRECT? I WILL, THE NOTE WILL BE REMOVED. OKAY. . OKAY. THE NOTE FOR IT? YES. WE DON'T GIVE THEM RIGHT FOR ANYTHING? YES. OKAY. COMMISSIONER MORRIS, I MEAN, I, I WOULD PUT FORTH A MOTION TO APPROVE THE PLAT WITH THAT CONDITION REMAINING ON THE PLAT. I MEAN, SADLY THEY DON'T APPEAR TO BE FOLLOWING THE PREVIOUS NOTE, BUT, BUT I THINK IT'S THE LEAST WE CAN DO UNTIL THAT GETS SETTLED AS WE HAVE NO THIRD PARTY AGREEMENT FOR US TO EVEN CONSIDER IN FRONT OF US. UH, I'LL SECOND THAT MOTION AND I'LL UNDERSTAND. HOLD ON A SECOND. COMMISSIONER ROBINSON, I JUST WANT IF FOR, IF IT'S OPEN FOR DISCUSSION ON THE MOTION. YES, IT IS. I'M GONNA VOTE AGAINST THE MOTION BECAUSE, UH, BASED ON THE COUNTY'S RECOMMENDATION, AND THERE IS A QUESTION OF A RELIANCE OF THE CURRENT LANDOWNER ON NOTES FROM THE, UM, PRIOR HOA, WHOEVER WAS IN CONTROL OF THE HOA PREVIOUSLY AND THE ARC THAT APPROVED IT. SO JUST SHARING MY THOUGHTS. OKAY. SO YES. SHOULD THE MOTION TO BE TO APPROVE STAFF RECOMMENDATION? NO. NO. OR IS IT NOT? IM SORRY. PLA I'M GLAD I ASKED WITH THAT ONE CONDITION NOTED ON THERE. YEAH, SO THE, THE MOTION THAT COMMISSIONER MAEZ MADE IS TO APPROVE THE PLAT, BUT TO LEAVE THE NOTE ON TO NOT DO THE RECONSIDERATION. DOES EVERYBODY UNDERSTAND THAT? DISAPPROVE THE RECONSIDERATION? YEAH. DE DENY YEAH. IF THE PLAT WOULD BE APPROVED, BUT DENY THE REQUEST. DENY THE RECONSIDERATION REQUEST. OKAY. YES. AND I HEAR YOUR YOURS, BUT I HAVE TO ASK FOR A SECOND FOR THAT MOTION. I HAVE IT, I DID IT. GARZA. OKAY, SECOND GARZA, WE PROBABLY NEED TO DO A SHOW OF HANDS. ALL IN FAVOR? OKAY. OKAY. WAIT, 1, 2, 3, 5, 6, 7, 8. EIGHT. OKAY, SO EIGHT IN FAVOR OPPOSED. 1, 2, 3, 4, 5, 6, 7. YOU'RE SAVED. . I KNOW. CAN WE PLEASE HAVE THOSE? CAN WE, CAN WE DO A ROLL CALL PLEASE? ON THIS ONE? SURE WE CAN. THANK YOU. ABSOLUTELY. OKAY. YOU'RE GONNA MAKE ME DIG BACK THROUGH AND FIND THAT, AREN'T YOU MS. MICKELSON? OKAY. SO WE'RE GONNA DO A ROLL CALL VOTE. COMMISSIONER GARZA. UH, I'M FOR THE MOTION GARZA FOR COMMISSIONER ALLMAN ALLMAN AGAINST ALLMAN AGAINST COMMISSIONER BALDWIN. I'M FOR THE MOTION FOR THE MOTION. COMMISSIONER COVAR FOR THE MOTION. COMMISSIONER HE AGAINST COMMISSIONER HINES FOR THE MOTION. HINES COMMISSIONER JONES JONES AGAINST COMMISSIONER KLIK AGAINST COMMISSIONER MARRE. COMMISSIONER POROUS PERLE AGAINST COMMISSIONER ROBBINS AGAINST COMMISSIONER ROSENBERG ROSENBERG AGAINST COMMISSIONER STEIN FOUR, COMMISSIONER VICTOR, COMMISSIONER VERA BLAND, VERA BLAND. FOUR. OKAY. DO WE HAVE ALL THAT? THERE ARE EIGHT, EIGHT YESES. FOUR THE MOTION, AND SEVEN SEVEN NOS. SO THE MOTION CARRIES. MOTION CARRIES. MARISSA, DID WE GET EVERYBODY? DID YOU GET EVERYBODY? YEP. OKAY. THANK YOU. THANK YOU. SO THE CONDITION REMAINS ON THE PLAT. YES. YES. THAT IS THE RESULT. AND SO WE HAVE, YOU KNOW, A COMMENT AGAINST IT, BUT BECAUSE IT CARRIED FORWARD, WE CAN NOTE THE, UH, COMMENT AGAINST IT. BUT YES, THE MOTION CARRIED ON THE MOTION. OKAY. [01:40:02] ALL RIGHT. WE ALWAYS HAVE AT LEAST ONE FUN ONE ON THERE. 1 0 2. YEAH. SO LET'S MOVE FORWARD TO 1 0 2. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS ANTONIA BARRY. THIS, EXCUSE ME. ITEM 1 0 2 IS TOUCHSTONE ESTATES. THE SITE IS LOCATED WITHIN HOUSTON CITY LIMITS SOUTHEAST OF HOMESTEAD ROAD, EAST OF LAURA. COPY. THE PURPOSE OF THE RELAID IS TO CREATE THREE SINGLE FAMILY LOTS. THERE ARE NO VARIANCES REQUESTED WITH THIS ITEM AT THIS TIME. AND REVIEW BY LEGAL INDICATES THE PLAT WILL NOT VIOLATE RESTRICTIONS ON THE FACE OF THE PLAT OR THOSE FILED SEPARATELY. STAFF HAS RECEIVED NO ADVANCED COMMENTS FOR THIS PLAT STAFF'S RECOMMENDATION IS TO APPROVE THE PLAT SUBJECT TO CPC 1 0 1 CONDITIONS. MADAM CHAIR, IF IT PLEASES THE COMMISSION, YOU MAY OPEN THE PUBLIC HEARING FOR THIS ITEM AT THIS TIME. THANK YOU. THE PUBLIC HEARING FOR ITEM 1 0 2 IS OPEN. I HAVE ONE SPEAKER SIGN TO SPEAK. ANDRE HARGROVE. MR. HARGROVE, IF YOU CAN COME FORWARD AND STATE YOUR NAME FOR THE RECORD, PLEASE. HELLO, HOW Y'ALL DOING? MY NAME IS ANDRE HARGROVE. I GREW UP ON THIS LOT RIGHT HERE AND IT'S ADJACENT TO 7 3 0 3. MY FAMILY OWNED THIS LOT SINCE I, WHATEVER ALONG. MY MOM JUST PASSED LAST WEEK, SO I'M NOT SURE WHAT'S GOING ON WITH ANY OF THIS. I JUST INHERITED ALL OF THESE ISSUES AND PLANS RIGHT NOW. SO I'M GOING TO RE IF IT'S POSSIBLE FOR ME TO REQUEST A DELAY OR TO PUSH SOME OF THIS BACK SO I CAN SEE WHAT'S REALLY GOING ON BEFORE WE ALL MOVE ON ALONG WITH Y'ALL DEVELOPMENT OR WHATEVER. SO I'M CONFUSED. SO WHO OWNS THE LOT AND WHO IS THE APPLICANT? KENT, YOU JUST CUT IT OFF. COULD YOU HIT IT AGAIN OR DON'T TOUCH IT AGAIN? . OKAY. I'M NOT SURE WHO THE CURRENT OWNER IS RIGHT NOW BECAUSE SOME THINGS HAPPENED, UM, WHILE I WAS, WHILE I WAS ON WATCH, UM, SIBLINGS DID SOME THINGS, WHATEVER. SO I NEED TO FIGURE OUT THAT. ALSO, I BELIEVE THE LAND GOT SOMETHING WITH THE TAXES OR SOMETHING, SO I'M NOT SURE. I JUST HAVE TO FIGURE, FIGURE EVERYTHING OUT TO SEE WHAT'S REALLY GOING ON BEFORE I JUST LET Y'ALL DO IT. OKAY. MS. MICKELSON, I THINK WE NEED SOME HELP FROM YOU, RIGHT? SO, UH, MR. HARGROVE, I, I, I'M NOT UNDERSTANDING, DO YOU OWN THIS PRO OR ARE, ARE YOU INVOLVED IN THIS PROPERTY OR DO YOU LIVE NEXT DOOR? I'M INVOLVED IN THIS PROPERTY. OKAY. YOU'RE INVOLVED IN THIS PROPERTY, BUT BECAUSE THERE'S BEEN CHANGES RECENTLY, YOU WANNA DELAY SO YOU COULD HAVE SOME TIME TO FIGURE OUT WHAT THE HECK IS GOING ON, RIGHT? YOU'RE THE EXECUTOR, I ASSUME, OF THIS STATE? YEAH, MY MOM, LIKE I SAID, MY MOM JUST PASSED LAST WEEK, SO I'M JUST INHERITING ALL OF THESE ISSUES RIGHT NOW. WHAT'S GOING ON. OKAY. AND IS YOUR MO, WAS YOUR MOTHER THE SOLE OWNER OF THIS LOT? UM, THIS, THIS, THE SPOT IS IN THE ESTATE, SO HE DOESN'T KNOW ANYTHING, SO. RIGHT, BUT ORIGINALLY YOUR MOTHER OWNED THIS PARCEL. SHE WAS THE, UH, LAST CARETAKER? YES. OKAY. SOMETHING LIKE THAT. ALRIGHT. AND SHE'S JUST RECENTLY PASSED, RIGHT? OKAY. OKAY, NOW WE UNDERSTAND. YEAH. COMMISSIONERS, ANY QUESTIONS? OKAY, MS. MICKELSON, WE'LL, WE'LL GET WITH STAFF. I WOULD REQUEST A DEFERRAL TO HELP CLEAR THESE QUESTIONS UP FOR HIM AND WE'LL GET WITH STAFF AND LOOK AT THE TITLE DOCUMENTS AND SEE WHAT WE CAN FIND OUT. OKAY? THAT'S A, A GOOD THOUGHT. SO THANK YOU SO MUCH. WE APPRECIATE IT. ARE THERE ANYONE, IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? OKAY, I'M GONNA CONTINUE THE PUBLIC HEARING MOTION TO DEFER GARZA. MOTION TO DEFER GARZA SECOND BUREAU. BLAME SECOND JONES. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. THANK YOU. MOVING ON TO IAD VARIANCES ITEM 1 0 3. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS JAMES TIHI. ITEM 1 0 3 IS ALDE WESTFIELD SELF STORAGE SECTION TWO PARTIAL REPL NUMBER ONE. THE SITE IS LOCATED WITHIN THE HOUSTON ETJ AND MONTGOMERY COUNTY NORTH OF ELAND BOULEVARD AND EAST OF ALDE WESTFIELD ROAD. THE APPLICANT IS PROPOSING TO REPL A A PORTION OF A COMMERCIAL RESERVE AND TO ONE SINGLE FAMILY LOT AND IS REQUESTING A VARIANCE TO HAVE SOLE ACCESS FROM A 30 FOOT ACCESS. EASEMENT STAFF IS IN SUPPORT OF THE REQUEST. THE SUBJECT SITE IS A PARTIAL REPL OF ALD WESTFIELD SELF-STORAGE SECTION TWO, WHICH WAS PLATTED IN 2016 AND WAS GRANTED A VARIANCE TO NOT EXTEND MCGINNIS DRIVE ON THE SOUTHERN SIDE OF THE PROPERTY. AND A NOTE WAS ADDED TO DENY ACCESS FROM THE ST SUB PORTION OF MCGINNIS. THE SITE HAD PREVIOUSLY BEEN TAKING ACCESS FROM MCGINNIS DRIVE AND ONCE ACCESS WAS DENIED DUE TO THE VARIANCE CONDITION, THE SITE BEGAN TO TAKE ITS ACCESS FROM ALDE WESTFIELD ROAD. THE [01:45:01] PROPOSED ACCESS EASEMENT WOULD GRANT ACCESS TO AN EXISTING HOME, WHICH HAS BEEN ON THE PROPERTY FOR SEVERAL DECADES, AND THE OWNER OF THE SUBJECT SITE HAS OWNED THE PROPERTY SINCE THE 1980S. THERE CURRENTLY EXISTS A PAVED DRIVE WHICH EXTENDS FROM ALD WESTFIELD TO THE SUBJECT SITE WHERE THE ACCESS EASEMENT WOULD BE LOCATED. THE SINGLE FAMILY HOME HAS EXISTED IN THIS CONFIGURATION FOR MANY YEARS AND HAS BEEN TAKING ACCESS TO EITHER MCGINNIS OR ALDEN WESTFIELD ROAD GRANTING THE VARIANCE WOULD NOT BE INJURIOUS TO PUBLIC HEALTH AND SAFETY. AS THE ACCESS EASEMENT IS PAVED IN WIDE ENOUGH TO PR PROVIDE ACCESS IN A MANNER COMPARABLE TO THAT OF A PUBLIC STREET. THE MONTGOMERY COUNTY ENGINEERING OFFICE HAS EXPRESSED THAT THEY'RE NOT IN SUPPORT OF THE VARIANCE REQUEST DUE TO THEIR REGULATIONS, WHICH REQUIRE SINGLE FAMILY TRACKS TO HAVE PUBLIC STREET FRONTAGE. AND THE APPLICANT IS AWARE THAT THEY WILL NEED TO CONTINUE COORDINATION WITH MONTGOMERY COUNTY TO MEET THE RULES. THEREFORE, STAFF RECOMMENDATION IS TO GRANT THE VARIANCE REQUEST AND APPROVE THE PLAT. OKAY. COMMISSIONERS, ANY QUESTIONS? I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK ON ITEM 1 0 3? OKAY, HEARING NONE. SO I NEED TO UNDERSTAND A LITTLE BETTER. SO MONTGOMERY COUNTY IS NOT IN FAVOR OF THIS, BUT WE ARE. THAT IS CORRECT. OKAY. COMMISSIONERS, I NEED A MOTION AND A SECOND FOR STAFF RECOMMENDATION OR FURTHER COMMENTS AND QUESTIONS. , I KNEW IT'S COMMENTS. SO COMMISSIONER BALDWIN, WHAT IS IT THAT MONTGOMERY COUNTY WOULD LIKE FOR US TO DO? DISAPPROVE THE PLAT. I'M NOT INCLINED TO GO AGAINST THE COUNTY, NOR DO I THINK ANY OF US ARE. SO WE DON'T WANNA BE IN ANYONE'S BAD LIST. UM, MONGO, UH, I DID, UH, COMMUNICATE WITH MONTGOMERY COUNTY, UH, SCOTT KANE, UH, THIS MORNING OR YESTERDAY MORNING. UM, I THINK THIS IS SO, SO THE REASON THE MONTGOMERY COUNTY IS NOT, UH, SUPPORTING THIS IS BECAUSE THEY DO HAVE A PROCESS IN PLACE IN WHICH, UH, THIS WOULD BE A VARIANCE IN THEIR, UH, RULES AND REGULATIONS AS WELL. SO THEY ARE NOT SUPPORTING THE VARIANCE BECAUSE THIS HAS TO GO THROUGH THEIR PROCESS AS WELL. CHAPTER 42 PER CHAPTER 42, IT, THE VARIANCE REQUEST MEETS, UH, ALL THE HARDSHIP STATEMENTS AS WELL AS IT HAS BEEN EXISTING CONDITIONS. SO, UM, IT MEETS ALL THE FIVE STATEMENT OF FACTS. SO STAFF RECOMMENDATION IS TO APPROVE BECAUSE OF THOSE STATEMENTS OF FACTS. SO, UM, SO WE'RE NOT REALLY LET, LET ME KIND OF BUTT IN HERE. WE'RE NOT REALLY GOING AGAINST WHAT MONTGOMERY COUNTY WANTS. THEY'LL STILL HAVE THEIR PROCESS RIGHT AFTERWARDS. RIGHT. OKAY. THANK YOU CHAIR. DID THAT ANSWER YOU? COMMISSIONER MULAN? OKAY. THANK AND COMMISSIONER STEIN, JUST A MINOR THING. SO THE ACTUAL FINAL AGENDA OMITS THE STATEMENT THAT YOU'RE WANT TO GRANT THE VARIANCE. IT ONLY SAYS APPROVE THE PLAT. SO I JUST WANT FOR THE RECORD, YES. THE RECOMMENDATION IS TO GRANT THE VARIANCE AND APPROVE THE PLAT. ABSOLUTELY. OKAY. IT IS, IT IS. I APOLOGIZE ABOUT THAT. THANK YOU. OKAY. ANY OTHER QUESTIONS? THANK YOU MS. MATHER. SO I NEED A MOTION AND A SECOND FOR STAFF RECOMMENDATION. MOTION GARZA. MOTION GARZA. SECOND STEIN. SECOND STEIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. ITEM 1 0 4. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS PETRA SHAW. ITEM 1 0 4 IS BLAKE VISTA RESERVES. THE SITE IS LOCATED WITHIN THE HOUSTON ETJ IN FORT BEND COUNTY, EAST OF CLOTHING ROAD NORTH OF WEST BELLFORT STREET AND SOUTH OF BIANET STREET. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THE PROPOSED TWO UNRESTRICTED RESERVES TO HAVE ACCESS IN FRONTAGE ON A 30 FOOT WIDE PUBLIC STREET. INSTEAD OF THE REQUIRED 60 FOOT WIDE PUBLIC STREET STAFF IS IN SUPPORT OF THE REQUEST. THE SUBJECT SITE IS A PARTIAL REPL OF THE EDDIE BUNDICK SUBDIVISION RECORDED IN 1970 WITH A 20 FOOT WIDE ROADWAY EASEMENT. THIS ROADWAY EASEMENT, ALSO KNOWN AS BLAKE ROAD, RUNS IN A NORTH SOUTH DIRECTION PROVIDING ACCESS TO BOSS GUSTON ROAD TO THE SOUTH. THE APPLICANT IS PROPOSING TWO UNRESTRICTED RESERVES AND IS PROVIDING A 30 FOOT, 30 FOOT RIGHT OF WAY DEDICATION OVER THE EXISTING 20 FOOT ACCESS EASEMENT. THIS RIGHT OF WAY DEDICATION WOULD BE A DIRECT EXTENSION OF BLAKE ROAD, OF FORT BEND COUNTY. MAINTAINED PRESCRIPTIVE RIGHTS ROAD. THE PROPERTY OWNER DOES NOT OWN THE PROPERTY TO THE EAST AND CANNOT DEDICATE THE FULL 60 FEET RIGHT OF WAY TO MEET ORDINANCE REQUIREMENTS. HOWEVER, IN THE FUTURE, THE PLA WILL MEET THE ORDINANCE WHEN THE ADJACENT TRACKED TO THE EAST DEDICATES THE REMAINDER 30 FEET, CREATING THE REQUIRED 60 FOOT WIDE PUBLIC RIGHT OF WAY. FORT BEND COUNTY ENGINEERING HAS NO OBJECTIONS. STAFF'S RECOMMENDATION IS TO GRANT THE REQUESTED VARIANCE AND APPROVE THE PLAT SUBJECT TO THE CPC 1 0 1 FORM CONDITIONS. THIS CONCLUDES MY PRESENTATION. THANK YOU. THANK YOU COMMISSIONERS. ANY QUESTIONS? OKAY, I HAVE NO ONE SIGNED TO SPEAK. IS THERE [01:50:01] ANYONE THAT WISHES TO SPEAK? SEEING NONE? I'LL ASK FOR A MOTION AND A SECOND FOR STAFF RECOMMENDATION. MOTION. MOTION. ALLMAN SECOND. VE SECOND. VERA BLAND. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. WE'LL MOVE ON NOW TO 1 0 5 MADAM CHAIR, I'M GONNA RECUSE FROM THE NEXT TWO ITEMS. SO PLEASE NOTE THAT COMMISSIONER, HE IS GOING TO RECUSE FROM 1 0 5 AND 1 0 6. UM, STAFF WOULD LIKE TO TAKE ITEMS 1 0 5 AND 1 0 6 TOGETHER IF THAT'S OKAY? YES, THAT IS ABSOLUTELY FINE. THANK YOU. ITEMS 1 0 5 AND 1 0 6 ARE BRIDGELAND CENTRAL SECTION FIVE AND BRIDGELAND CENTRAL SECTION EIGHT. THE SITES ARE LOCATED WITHIN THE HOUSTON ETJ IN HARRIS COUNTY SOUTH OF BRIDGELAND LAKE PARKWAY, EAST OF GRAND PARKWAY AND WEST OF MASON ROAD. THE APPLICANT IS PROPOSING 183 LOTS AND 13 RESERVES IN SECTION FIVE AND 167 LOTS AND 11 RESERVES IN SECTION EIGHT. FOR BOTH ITEMS, THE APPLICANT IS REQUESTING TWO VARIANCES. THE FIRST VARIANCE IS TO ALLOW A ZERO FOOT FRONT BUILDING LINE FOR SELECT LOTS HIGHLIGHTED IN YELLOW IN BOTH SECTION FIVE AND EIGHT. THAT FRONT ON A PUBLIC STREET BUT TAKING VEHICULAR ACCESS FROM A PRIVATE ALLEY. THE SECOND VARIANCE IS TO ALLOW SELECT LOTS STASHED IN RED IN BOTH SECTION FIVE AND EIGHT TO NOT HAVE FRONTAGE ON A PUBLIC STREET AND HAVE SOLE ACCESS FROM A PRIVATE ALLEY. STAFF IS IN SUPPORT OF BOTH REQUESTS. THE PROPOSED SECTIONS ARE PART OF BIRAND CENTRAL GP WHERE A NEW URBAN PEDESTRIAN FRIENDLY ENVIRONMENT IS BEING PROPOSED WITH ENHANCED SIDEWALK STREET TREES AND LA LANDSCAPE TREATMENTS THROUGHOUT THE NEIGHBORHOOD. CHAPTER 42 ALLOWS LOTS IN THE CITY TO HAVE A ZERO FOOT FRONT BUILDING LINE EXCEPT FOR CORNER LOTS WHEN VEHICULAR ACCESS IS TAKEN FROM THE REAR OF THE LOTS THROUGH A PUBLIC ALLEY. THE PROPOSED LOTS WITH ZERO FOOT FRONT BUILDING LINES WILL PROVIDE ENTRANCES TO THE PEDESTRIAN WALKWAYS AND VEHICULAR ACCESS WILL BE TAKEN FROM THE REAR OF THE LOTS BY PRIVATE ALLEYS. THE LOTS WITH SOLE ACCESS FROM PRIVATE ALLEYS AND NO PUBLIC STREET FRONTAGE WILL FRONT ON OPEN SPACE RESERVES WITH INTERCONNECTED SIDEWALKS. THE DESIGN WILL STILL MEET AND PRESERVE THE INTENT OF THE ORDINANCE AS GRANTING OF THE VARIANCES WOULD HELP REDUCE THE NUMBER OF DRIVEWAYS ALONG PUBLIC STREETS AND MINIMIZE PEDESTRIAN VEHICULAR TRAFFIC INTERACTION. ADDITIONALLY, PLANNING COMMISSION HAS PREVIOUSLY GRANTED SIMILAR VARIANCES FOR OTHER SECTIONS WITHIN THIS GENERAL PLAN. HARRIS COUNTY ENGINEER ENGINEERING DEPARTMENT HAS NO OBJECTIONS. STAFF'S RECOMMENDATION IS TO GRANT THE REQUESTED VARIANCES AND APPROVE THE ITEMS SUBJECT TO THE CPC 1 0 1 FORM CONDITIONS. THIS CONCLUDES MY PRESENTATION. THANK YOU. THANK YOU. I HAVE ONE SPEAKER FOR QUESTIONS. I'M ASSUMING THAT'S THE APPLICANT. KATIE HARRIS, UH, THE COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY, THANK YOU. ANY QUESTIONS AT ALL FOR STAFF? IF NOT, I'LL SEEK A MOTION AND A SECOND FOR STAFF. RECOMMENDATION FOR ITEMS 1 0 5 AND 1 0 6. MOTION VICTOR. MOTION VICTOR SECOND BALDWIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. ITEM 1 0 7, ITEM 1 0 7 IN EY ROAD MANOR. THE SITE IS LOCATED IN HOUSTON, ETJ IN HARRIS COUNTY EAST ALONG HOMAN VILLE ROAD AND NORTHEAST OF STATE HIGHWAY 2 49. THE APPLICANT IS PROPOSING ONE UNRESTRICTED RESERVE AND IS NO LONGER REQUESTING A VARIANT REQUEST. THE APPLICANT SUBMITTED A REVISED SUBDIVISION PLOT MEETING ALL CHAPTER 42 REQUIREMENT. SO THAT RECOMMENDATION IS TO APPROVE THE PLOT, SUBSTITUTE THE CPC 1 0 1 FORM CONDITION. THANK YOU. SO IT IS A SHALL APPROVE AT THIS POINT? YES. OKAY. COMMISSIONERS, ANY QUESTIONS? I HAVE NO ONE SIGNED TO SPEAK ON ITEM 1 0 7. IS THERE ANYONE THAT WISHES TO SPEAK? HEARING NONE? I'LL SEEK A MOTION AND A SECOND FOR STAFF RECOMMENDATION. MOTION JONES. ALL SECOND ALLMAN. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU. ITEM 1 0 8. ITEM 1 0 8 IS CURTIS STEEL COMMERCE PARK. THE STAT IS LOCATED IN HOUSTON, ETJ IN NORTHWEST HARRIS COUNTY NORTH ALONE BURDEN CEMETERY ROAD SOUTH OF US TWO 90. THE APPLICANT REQUESTING A VARIANT TO EXIT INTERSECTION SPACING BY NOT PROVIDING A NORTH SOUTH PUBLISHED STREET STOP IS IN SUPPORT OF THE REQUEST. THE APPLICANT IS PROPOSING AN INDUSTRIAL PARK ON ONE RESERVE AND THE INTERSECTION FACING ALONG BURTON CEMETERY ROAD IS ABOUT 10,800 FEET BETWEEN ME, MEIS ROAD AND KIVA. THEREFORE, THE APPLICANT IS REQUIRED TO PROVIDE A NORTH SOUTH PUBLIC STREET, WHICH WOULD NOT PROVIDE SIGNIFICANT IMPROVEMENT TO THE INTERNAL TRAFFIC CIRCULATION DUE TO THE SITE PROXIMITY TO AN EXISTING INTERSECTION [01:55:01] AND THE WAVE ROAD RUNNING PARALLEL TO OLD WASHINGTON ROAD WILL BLOCK ANY FURTHER EXTENSION NORTH. THERE'S ALSO AN UNIMPROVED RIGHT AWAY BENFORD ROAD BETWEEN MAY ROAD AND KICKAPOO ROAD, WHICH COULD BE DEVELOPED IN THE FUTURE, CREATING AN INTERCESSION BASIN OF ABOUT 5,200 FEET, WHICH WOULD IMPROVE FUTURE TRAFFIC FLOW. HARRIS COUNTY IS IN SUPPORT OF THE REQUEST. THAT RECOMMENDATION IS TO GRANT THE REQUESTED VARIANCE AND APPROVE THE PLANS SUBJECT TO THE CPC 1 0 1 FORM CONDITION. THANK YOU. UM, I HAVE NO SPEAKER SIGNED TO SPEAK ON ITEM 1 0 8. IS THERE ANYONE THAT WISHES TO SPEAK? SEEING NONE. I'M GONNA ASK FOR A MOTION AND A SECOND FOR STAFF RECOMMENDATION ON ITEM 1 0 8. MOTION GARZA STEIN. SECOND. SECOND STEIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. MOVE ON TO ITEM 1 0 9. ITEM 1 0 9 IS BOLTON STATION APARTMENT. THE SITE IS LOCATED IN THE CITY LIMIT WEST ALONG BOLTON STREET, EAST OF I 45 AND SOUTH OF VER K STREET. THE APPLICANT IS PLANNING TO BUILD A FIVE STORY MULTIFAMILY DEVELOPMENT OVER A GROUND FLOOR PARKING AREA AND IT ALSO REQUESTING A VARI TO ALLOW A ZERO FOOT INSTEAD OF 10 ALONG STREET TO COMPLY WITH THE FIRE CODE, UH, WITH THE FIRE CODE REQUIREMENT. STEP RECOMMENDATION IS TO DEFER THE PLOT FOR ADDITIONAL INFORMATION AND TO ALLOW STAFF TO FURTHER COORDINATE WITH THE FIRE MARSHAL AND THE APPLICANT. STAT ALSO RECEIVED PUBLIC COMMENT IN EVENT WHO VOICED A CONCERN ON DRAINING FLOODING, PARKING, DEMOLITION, AND OTHER, UM, ITEMS, AND ALSO PROVIDED MANY QUESTION ABOUT THE PROPOSED DEVELOPMENT. THANK YOU. I HAVE A COUPLE OF SPEAKERS ON ITEM 1 0 9. OUR FIRST SPEAKER IS VITA POLLARD. MS. POLLARD, IF YOU COULD COME FORWARD AND STATE YOUR NAME FOR THE RECORD PLEASE. YES. MY NAME IS VITA POLLARD. GOOD AFTERNOON. UH, MEMBERS OF THE PLANNING COMMITTEE. UH, YOU HAVE TO EXCUSE ME, THIS IS MY FIRST TIME ATTENDING THIS MEETING. WILL YOU JUST BE COMFORTABLE? YOU'RE YOU'RE NOT WE'RE NOT EXPECTING YOU TRYING TO BE A GREAT SPEAKER. YOU JUST TAKE YOUR TIME. OKAY. . UM, I DIDN'T KNOW I COULD BRING PICTURES, BUT I DID LOOK UP A PICTURE ON MY PHONE. I JUST WANTED YOU GUYS TO HAVE A PICTURE OF WHAT I'M TALKING ABOUT. YOU CAN HAND IT TO STAFF NEXT DOOR AND WE'LL PUT THE DOC DOCUMENT CAMERA PLEASE. ALSO, I WILL USE, UM, A PICTURE THAT THEY INCLUDED IN THE VARIANCE LETTER AGAIN TO SUPPORT. OKAY. YOU CAN GIVE IT TO STAFF. THANK YOU. OKAY, GREAT. SO, UM, AS YOU KNOW, THIS IS REGARDING THE ZERO BUILDING LINE REQUEST VERSUS THE PRESENT ORDINANCE OF 10 FEET. MY NAME IS VITO POLLARD AND I OWN LOT 10, WHICH IS A ADJACENT TO THIS APARTMENT COMPLEX AND I'VE LIVED THERE, UH, AND OWNED THE PROPERTY SINCE 2016. UH, I WOULD LIKE TO DISCUSS TWO ISSUES. THE MAIN ONE, THE FIRST ONE, UM, IS, UM, MY, UM, MY GREAT CONCERN OVER THE RAIN WATER, UH, OVERFLOW, UH, AND DAMAGE TO MY PROPERTY. THAT HAS HAPPENED SEVERAL TIMES DUE TO THE DIVERSION OF SURFACE WATER. UM, IF YOU DON'T MIND SHOWING ME THE PICTURE OF MY PHONE. UH, SO PRESENTLY THE COMPLEX BUILDING AND THE CARPORTS THAT HAVE THE METAL COVERS LACK ANY KIND OF A GUTTER SYSTEM AND THE WATER IN EXCESSIVE RAINS THAT WE HAVE FLOW IN EXCESSIVE AMOUNTS RIGHT INTO MY PROPERTY. UH, AND AS YOU COULD SEE, THIS IS A PICTURE I TOOK WHEN BARREL CAME THROUGH. OF COURSE, THE FENCE WAS KNOCKED DOWN, WHICH I HAVE REBUILT SINCE THEN TO REMEDY THIS ISSUE. THEY CLAIM THAT THE ELEVATION HAS ALWAYS BEEN THERE FROM THE PAST. CAN'T DO ANYTHING ABOUT IT. SO OVER THE YEARS I'VE TRIED TO COME UP WITH WAYS TO CURB THIS WATER FROM COMING. I'VE PUT RETAINING WALLS. I'VE PUT TWO DRAINAGE SYSTEMS IN MY YARD. UM, I'VE TRIED TO CLEAN THE, THE DITCH IN FRONT OF MY PROPERTY, BUT I STILL HAVE HAD SEVERAL, UM, INCIDENCES OF WATER COMING INTO THE BUILDING. IN 2017. I HAD A $10,000 DAMAGE. UM, AND I HAVE CALLED THE OFFICE AND I'VE LEFT MESSAGES. IS THERE ANY WAY YOU CAN REMOVE SOME OF THE DIRT? BECAUSE OVER THE YEARS THEY COME AND FIX THINGS LIKE PLUMBING LINE THIS AND THAT AND THE WORKERS POUR THE DIRT BACK ON THAT GRASSY AREA, UH, OR IN THE BACK. SO IT EVEN RAISES IT A LITTLE BIT MORE. UH, I'LL BE I'LL BE QUICK. YES, PLEASE WRAP [02:00:01] UP. THANK YOU. UM, UH, SO THAT, THAT'S THE MAIN ISSUE AND I DON'T KNOW WHAT'S GONNA HAPPEN FROM NOW UNTIL THIS, THIS BUILDING IS DONE. AND CAN YOU SHOW THIS PICTURE? AND MY CONCERN IS, SO YOU SEE ALL THAT, YOU SEE THIS OTIN AND ALL THIS PARKING. IS THAT GONNA BE HARD SURFACE? IS THAT GONNA BE POROUS? WHAT'S GONNA HAPPEN WITH THE DRAINAGE AND THE OTHER ONE? JUST QUICKLY, IS THERE GARBAGE? UM, THE DUMPSTERS THAT THEY HAVE TOO ON THE AMUNSON STREET, THEY'RE OPEN. THERE ARE RODENTS THAT TRAVEL THERE AT NIGHT. THERE ARE CATS GARBAGE EVERYWHERE. I'VE BROUGHT UP ALL THESE ISSUES WITH THEM. NO RESPONSE. THEY DON'T EVEN CALL ME BACK. AND THERE'S VISIBLE RATS, UH, WHEN WE WALK IN THE EVENINGS. OKAY. UH, I'M GONNA ASK MS. RODRIGUEZ IF YOU COULD WORK WITH WITH HER. YEAH, I SEE YOU HANDING HER A CARD. SHE'S GIVING YOU SOME CONTACT INFORMATION. THANK YOU. UM, UNFORTUNATELY A LOT OF WHAT YOU'RE TALKING ABOUT REALLY ISN'T IN THE PERVIEW OF THE PLANNING COMMISSION, BUT, UM, STAFF IS MORE THAN WILLING TO HELP YOU. GREAT. OKAY. THANK YOU SO MUCH FOR COMING IN. I HAVE A QUESTION. YES. COMMISSIONER GARZA. MS. RODRIGUEZ, UM, I'M NOT QUITE SURE I UNDERSTAND, IS THE BUILDING, IS THERE, ARE THEY BUILDING IT? ARE THEY NO. HAVING IT. THERE'S AN ASSISTING, UH, MULTIFAMILY DE UH, BUILDING, BUT I THINK THEY'RE PLANNING TO DEMOL THAT AND BUILD A NEW MULTIFAMILY DEVELOPMENT. OKAY. SO AT THAT POINT IN TIME, THEY WILL HAVE TO MEET ALL THE NEW ORDINANCES YES. FOR THE WATER RUNOFF AND ALL OF THAT. SO DE MODE YEAH. DETENTION, EVERYTHING. SO BECAUSE THEY'RE BASICALLY CONSIDERING A BRAND NEW CONSTRUCTION, THEY'RE GONNA HAVE TO WORK WITH THE CITY, MS. POLLARD TO GO THROUGH EVERYTHING AND CHECK ALL THE BOXES AND GET SURE THAT EVERYTHING MEETS CURRENT REGULATIONS. WANTED TO BRING IT UP, LIKE, YEAH, THANK YOU. NOW UNTIL THEN, IF THEY COULD HELP ME, YOU KNOW, DIVERT YES. WATER. ABSOLUTELY. WELL, THAT'LL BE PART OF WHEN THEY SUBMIT THEIR PLANS AND EVERYTHING ELSE, THEY'LL HAVE TO GO THROUGH PERMITTING AND THAT WILL BE REVIEWED. THANK YOU. THANK YOU. SO OUR NEXT SPEAKER IS STEPHANIE, UH, REER WRITER. CORRECT ME 'CAUSE I KNOW I GOT IT WRONG. NOT A PROBLEM. DOCUMENT CAMERA FOR THE RECORD. IT'S STEPHANIE WRIGHTER. SO YOU GOT IT RIGHT THE SECOND TIME, WHICH IS BETTER THAN MOST. SO THANK YOU. I AM A HOMEOWNER. I'M ACTUALLY LIKE NEXT DOOR TO VITA. SO I'M TWO DOORS DOWN FROM THE PROPOSED BUILDING. CURRENTLY IT IS A TWO STORY APARTMENT COMPLEX, BUT WHAT THEY'RE PROPOSING IS FIVE STORIES, SO DRAMATICALLY DIFFERENT IN SIZE AND SCALE. I'M GONNA BRING UP THREE DIFFERENT THINGS, BUT ON THE SCREEN SHOULD BE THE 11 THAT I ACTUALLY DID SUBMIT TO EVERYBODY AS WELL AND SHOULD BE IN YOUR PACKETS. DEMOLITION CONTAINING HAZARDOUS MATERIALS. THE EXISTING STRUCTURE WAS BUILT IN 1951 AND CONTAINS BOTH ASBESTOS AND LEAD, BOTH OF WHICH ARE HARMFUL ONCE THEY'RE ACTUALLY REMOVED. WE ARE CONCERNED WAS NEIGHBORS AS HOW THE HAZARDOUS MATERIAL WILL BE HANDLED TO REDUCE THE RISK AS WELL AS HOW THE DE DEMOLITION WILL OCCUR OVERALL, MORE SPECIFICALLY, WHAT ADVANCE NOTICE THE NEIGHBORS WILL RECEIVE AND WHAT WILL BE DONE TO ASSURE NO DAMAGE TO OUR PROPERTY DUE TO THE DUST AND DEBRIS THAT WILL HAPPEN AS A RESULT OF THIS PROJECT. SECONDLY, SECURITY AND PRIVACY. THE HEIGHT OF THE NEW BUILDING IS FIVE STORIES VERSUS THE EXISTING TWO. WE ARE RAISING SOME PRIVACY CONCERNS CONSIDERING THE BALCONIES AND FLOODLIGHTS THEY ARE PROPOSING. WE NEED DETAILS TO ASSURE THAT THESE FEATURES WILL NOT INFRINGE ON OUR PRIVACY, WHERE RESIDENTS LOOK DOWN INTO OUR HOMES FROM HIGHER LEVEL BALCONIES AND ANY LIGHTING, WHETHER SECURITY FLOODLIGHTS OR DESIGN RELATED LIGHTING WON'T SPOTLIGHT OUR PROPERTY IS MAKING US FEEL EXPOSED AND UNCOMFORTABLE IN OUR HOMES. LASTLY, PARKING, TRAFFIC AND ACCESS. WHILE NEW CURBS, GUTTERS, AND SIDEWALKS ARE PLANNED FOR CORONADO STREET, THE DEVELOPMENT LACKS THE PROVISIONS ON HOW THE STREET PARKING'S GONNA BE HANDLED. WE DO NOT WANNA LIVE IN A PARKING LOT EVERY DAY. LOOKING OUT OF OUR FRONT DOOR, OUR PRIMARY CONCERN IS THAT IT'S GOING TO FEEL MORE LIKE A PARKING LOT AND WILL POSE SIGNIFICANT CHALLENGES TO SAFETY AND ACCESS ISSUES FOR EMERGENCY VEHICLES, DELIVERY AND HOMEOWNERS. WE WOULD ASK FOR CONTINUED DEFERRAL UNTIL A CLEAR PARENT IS PRESENTED. THANK YOU. THANK YOU FOR YOUR COMMENTS. WE APPRECIATE THAT. I HAVE NO OTHER SPEAKER SIGN TO SPEAK. ARE YOU HERE, MS. VIAL? ON BEHALF OF THE APPLICANT, PLEASE COME FORWARD. SO YOU'VE HEARD COMMENTS, QUESTIONS, AND CONCERNS. UM, THERE'S A RECOMMENDATION TO DEFER. IF THIS GETS DEFERRED, I'M GONNA RECOMMEND THAT YOU GET WITH THE NEIGHBORHOOD AND DISCUSS THEIR CONCERNS AND HOPEFULLY COME TO A RESOLUTION. SO PLEASE GO AHEAD. GOOD AFTERNOON, MANAGER, CHAIR, AND MEMBERS OF THE FAN, UH, COMMISSION. MY NAME'S MARY VILLARIO WITH THE INTER FIELD GROUP. I HAVE HAD COMMUNICATIONS WITH MS. POLLARD. I'VE ALREADY REACHED OUT TO THE DEVELOPER WHO THEY, UM, HIS LOCAL PERSON TOLD ME THAT HE LEFT A VOICEMAIL FROM MS. POLLARD. I LEFT A VOICEMAIL FROM MS. POLLARD BECAUSE I REQUESTED THAT THEY PLEASE SEE THAT BETWEEN NOW AND WHEN, [02:05:01] YOU KNOW, THE CONSTRUCTION STARTS, THAT WE WANT TO TAKE CARE OF ANY ISSUES THAT SHE, SHE MAY HAVE AT THIS TIME. SO THEY'RE WORKING ON THAT. AND THEN, UH, WE, I HAVE ALSO, WE'VE SENT RESPONSES TO, UH, TO STEPHANIE AND IF SHE HAS ANY MORE QUESTIONS, WE'LL BE WILLING TO WORK WITH HIM ON THAT. THANK YOU. AND SHE'S HERE, SO MAYBE YOU CAN CATCH UP WITH HER? YES. COMMISSIONERS. ANY QUESTIONS? I DO. COMMISSIONER GARZA. UH, MS. RA, IF YOU WOULD, UM, IN REVIEWING PRESENTATION, PLEASE, IN THE DEFER DEFERRAL PERIOD, IF YOU WOULD COME BACK WITH SOME INFORMATION ABOUT MAYBE FENCING. YES. UH, WHAT'S GONNA HAPPEN WITH, UH, SANITATION, YOU KNOW, AND TRASH PICKUP? YES. I KNOW THAT THE NEW REQUIREMENT IS, HAS TO BE FENCED, BUT IF IT HAS LIDS ON IT, AND THEN MAYBE SHIELDED LIGHTING FOR THE BUILDING. OKAY. TO PROTECT THE NEIGHBORHOODS FROM LIGHT POLLUTION. OKAY. THAT WOULD GO, I'M SURE A LONG WAY IN HELPING THE NEIGHBORHOOD FEEL MORE COMFORTABLE. SURE. BECAUSE WE'LL BE LOOKING AT ALL THAT AS PART OF THIS VARIANCE. SURE. SO IF YOU COULD COME BACK WITH SOME OF THOSE THINGS THAT WILL HELP THE NEIGHBORHOOD FEEL MORE COMFORTABLE, I THINK, I THINK WE MIGHT BE, I WOULD CERTAINLY BE INCLINED TO SUPPORT YOU. I WILL DO THAT. THANK YOU. COMMISSIONER . AND IN ADDITION ALSO SOME INFORMATION ABOUT PARKING AND THE IMPACT TO THE COMMUNITY AND HOW YOU CAN MITIGATE THAT, PLEASE. YES, I HAVE THE, THE ARCHITECT IS WORKING ON A, A PARKING ANALYSIS. THANK YOU. GREAT. COMMISSIONERS COMMISSIONER BALDWIN. I, I WOULD JUST SPEAK TO THE, UH, THE PEOPLE THAT SPOKE PREVIOUSLY TO BE SURE TO BE IN CONTACT WITH YOUR COUNCIL MEMBER. I, I KNOW COUNCIL MEMBER CASTILLO IS VERY ON TOP OF THESE SORT OF THINGS, BUT THE MORE YOU CAN, YOU KNOW, COMMUNICATE WITH HIM, YOU COULD KEEP UP WITH ISSUES ALONG THE WAY AT PERMITTING AFTER IT COMES THROUGH THE PLANNING COMMISSION. SO. PERFECT. GREAT. GREAT. ANY OTHER QUESTIONS? COMMISSIONERS? OKAY. WOULD YOU PLEASE RESTATE THE, UH, RECOMMENDATION? RECOMMENDATION? MY WHAT? COULD YOU PLEASE RESTATE THE RECOMMENDATION? SURE. UM, THAT RECOMMENDATION IS TO THE FURTHER PLA FOR ADDITIONAL INFORMATION. GREAT. THANK YOU. SO COMMISSIONERS, I NEED A MOTION AND A SECOND. MOTION BALD. ONE SECOND COLLEAGUE. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. THANK YOU. MADAM CHAIR. YES. I NEED TO LEAVE THE MEETING. OKAY. PLEASE NOTE THAT COMMISSIONER VICTOR IS LEAVING THE MEETING. YES. COMMISSIONER ROSENBERG. JUST, JUST COMMENT FROM THAT LAST ITEM FOR STAFF IF THEY COULD ALSO WORK WITH THE APPLICANT. AND THE COMMUNITY TO UNDERSTAND WHAT IS IN OUR PURVIEW AND WHAT'S NOT. DRAINAGE RUNOFF, THERE'S THINGS THAT ARE REQUIRED DUE PROCESS JUST 'CAUSE IT ALWAYS COMES UP WHEN THEY COME BACK AND THEY BRING THESE THINGS UP, WHICH ARE VERY SENSITIVE AND EMOTIONAL. BUT DRAINAGE IS A, IS A PROPERTY DEVELOPER AND OWNER RESPONSIBILITY AND THERE'S THINGS THAT UM, YOU KNOW, WE CAN'T, THEY CAN'T DUMP ON THE ADJACENT PROPERTY. GREAT. SO GETTING THAT STUFF CLEARED STRAIGHT UP I THINK WOULD HELP THE NEXT MEETING. I AGREE. MS. RODRIGUEZ, DID YOU HEAR ALL OF THAT? I'M NOT SURE WHERE SHE WENT. MR. CRIDDLE, WILL YOU MAKE SURE? THAT WILL DO. THANK YOU. WILL DO. THANK YOU. COMMISSIONER ROSENBERG. OKAY, MOVING ALONG TO ITEMS LOOKS, WE'LL START WITH ONE 10. YES. IF IT PLEASES THE COMMISSION, WE WOULD LIKE TO TAKE ITEM 1 10, 1 11 AND ONE 12. TOGETHER IT PLEASES US. THANK YOU MA'AM. . ALRIGHT, UH, ITEM ONE 10 IS PEANA STATE'S GP. ITEM ONE 11 IS PEANA STATE SECTION FOUR AND ITEM ONE 12 IS PEANA STATE SECTION FIVE. UH, ALL THREE OF THESE SITES ARE LOCATED, ALL THREE OF THESE SITES ARE LOCATED WITHIN THE ETJ OF HARRIS COUNTY WEST OF FM 2100 AND NORTH OF HIGHWAY 90. UH, THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED INTERSECTION SPACING ALONG THE SOUTHERN GP. BOUNDARY. STAFF IS IN SUPPORT OF THIS REQUEST. THE SITE IS A 193 ACRE GENERAL PLAN INTENDED FOR RESIDENTIAL DEVELOPMENT. THE GP IS BISECTED BY MAJOR AIRFARE, RED SUMMIT DRIVE AND THE WESTERN BOUNDARY ABUTS AN EXISTING RAILROAD. REASONING FOR THIS REQUEST IS THAT ROUGHLY 83 ACRES ARE LOCATED WITHIN THE 100 AND 500 YEAR FLOOD PLAIN. THE SECTIONS WITHIN THE GPR DESIGNED TO KEEP RESIDENTIAL LOTS OUTSIDE OF THE FLOODPLAIN. STRICT, STRICT INTERPRETATION OF THE 1400 FOOT INTERVAL WOULD LOCATE STREETS AND HOMES WITHIN THE FLOODPLAIN AND THIS REQUEST IS TO ALLOW THE STREETS TO BE ROUGHLY 1,920 FEET. GRANTED THIS VARIANCE WILL ALLOW THE SUBDIVISION TO BE DEVELOPED WITH PUBLIC STREETS AND RESIDENTIAL HOMES LOCATED OUTSIDE OF THE FLOODPLAIN, BUT MAINTAIN SUFFICIENT ACCESS FOR SURROUNDING AREAS. MADAM CHAIR STAFF'S RECOMMENDATION TODAY IS TO GRANT THE REQUESTED VARIANCE FOR THE GP TO EXCEED INTERSECTION SPACING AND APPROVE SECTIONS FOUR AND FIVE WITH CONDITIONS LISTED. THIS CONCLUDES MY PRESENTATION. THANK YOU MR. CRILE. MS. HARRIS IS HERE AGAIN IF WE HAVE QUESTIONS. COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY, SO I'M SEEKING A MOTION AND A SECOND FOR STAFF RECOMMENDATION ON ITEMS 1 10, 1 11 AND ONE 12. MOTION. MOTION MATTERS. SECOND JONES. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU MR. CRIDDLE. MR. CILLO ITEM ONE 13. ITEM ONE 13 IS SALAZAR PARTITION. THE SUBJECT'S SIDE IS AN OVER FIVE AND A HALF ACRE PROPERTY LOCATED IN THE HARRIS COUNTY. EXTRA TERRITORIAL JURISDICTION JUST NORTH OF ULRICH LANE, WEST OF FM [02:10:01] 2100 AND NORTH OF CROSBY TOWN CENTER. THE APPLICANT IS PROPOSING ONE SINGLE FAMILY RESIDENTIAL LOT, A CELL PHONE, TOWER RESERVE, AND A COMMERCIAL RESERVE AND IS REQUESTING A VARIANCE TO ALLOW THE THREE PROPOSED PROPERTIES TO TAKE ACCESS VIA AN ACCESS EASEMENT IN LIEU OF PUBLIC STREET FRONTAGE. THE WESTERN 60 FEET OF THE PROPOSED SITE OVERLAPS WITH THE SOLE FRONTAGE AND ACCESS FOR THE ADJACENT PLAT OF GATED CROSBY'S RENTAL GATED RENTALS CROSBY THAT WAS APPROVED EARLIER THIS YEAR CONSIDERING THE OVERLAP IN PROPERTIES. STAFF RECOMMENDATION IS TO DEFER THE PLAT FOR TWO WEEKS TO ALLOW THE APPLICANT TO COORDINATE WITH HARRIS COUNTY ENGINEERING AND SERVING AS WELL AS THE ADJACENT PLAT TO CONFIRM THE AREA OF THE SUBJECT SITE. MADAM CHAIR, THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU MR. CILLO. COMMISSIONERS. UM, DO YOU HAVE ANY QUESTIONS? ALRIGHT, I HAVE NO ONE SIGNED TO SPEAK. OH, I'M SORRY. COMMISSIONER MORRIS. I DIDN'T SEE THAT COMMENT. MAKE SURE THAT THEY'VE GOT, UH, U UTILITY EASEMENTS TO THOSE SITES AS WELL IN ADDITION TO THE ACCESS EASEMENTS. YES. THANK YOU. I HAVE NO ONE SIGNED TO SPEAK ON ITEM ONE 13. IS THERE ANYONE THAT WISHES TO SPEAK? SEEING NONE. I'LL SEEK A MOTION AND A SECOND FOR STAFF. RECOMMENDATION FOR A DEFERRAL MOTION. MAREZ. MOTION. MOTION MARS SECOND GARZA. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU. ITEM ONE 14. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE HOUSTON PLANNING COMMISSION. MY NAME IS JEFF BUTLER. ITEM ONE 14 IS SHELDON RIDGE, SECTION 15. THE SITE WAS, THIS ITEM WAS DEFERRED AT THE PREVIOUS MEETING. THE SITE IS LOCATED IN THE HARRIS COUNTY ETJ, SOUTH OF GARRETT, WEST OF SHELDON, NORTH OF THE BEAUMONT HIGHWAY. THE APPLICANT PROPOSED A SUBDIVISION OF SINGLE FAMILY RESIDENTIAL LOTS ALONG A PUBLIC STREET SYSTEM. THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED INTERSECTION SPACING REQUIREMENTS BY NOT CREATING AN EAST, WEST SUB STREET AS WAS SHOWN ON THE MOST RECENT GENERAL PLAN. STAFF RECOMMENDS DEFERRAL PER THE APPLICANT'S REQUEST AND THIS IS THE LAST TIME THIS ITEM CAN BE DEFERRED. THE SITE IS LOCATED AT THE TERMINUS OF LONG ROAD WEST OF SHELDON. APPROXIMATELY THE EASTERN HALF OF THIS RIGHT OF WAY IS PUBLIC AND MAINTAINED BY THE COUNTY. THE WESTERN HALF HAS NOT BEEN ACCEPTED AS A PUBLIC STREET AND FUNCTIONS AS A PRIVATE STREET. THE PLANNING COMMISSION RECENTLY APPROVED A GENERAL PLAN WITH VARIANCES TO EXCEED INTERSECTION SPACING WHILE SHOWING A STREET CONNECTION AT THIS LOCATION. STAFF HAS EXPRESSED CONCERNS THAT FURTHER REDUCING THE NUMBER OF STREET CONNECTIONS WOULD OVERBURDEN THE EXISTING ROAD SYSTEM. STAFF ALSO FINDS THAT THE STREET CONNECTION HERE WOULD BENEFIT FUTURE TRAFFIC CIRCULATION AS THE AREA CONTINUES TO DEVELOP AND IF A COMPLETE SEGMENT OF LONG IS ACCEPTED AS A PUBLIC ROAD. THE APPLICANT HAS REQUESTED A SECOND DEFERRAL IN ORDER TO HAVE AN OPPORTUNITY TO JUSTIFY NOT CREATING A SUBSTRATE HERE. STAFF RECOMMENDS DEFERRAL PER THEIR REQUEST AND WE'VE RECEIVED NO ADVANCE WRITTEN COMMENTS. THANK YOU MR. BUTLER. I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK ON ITEM ONE 14? HEARING NONE. I WILL SEEK A MOTION AND A SECOND FOR STAFF. RECOMMENDATION FOR DEFERRAL. MOTION. ALL MOTION ALLMAN AYE. SECOND. AYE. SHALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM ONE 15 MADAM CHAIR, I'M GONNA RECUSE FROM ONE 15. THANK YOU. PLEASE NOTE, UH, COMMISSIONER, HE'S ABSTENTION. ITEM ONE 15 IS SILA GP. THE SITE IS LOCATED WITHIN THE HARRIS COUNTY ETJ ALONG HUFFMAN CLEVELAND, SOUTH OF THE GRAND PARKWAY IN NORTH OF KINGWOOD DRIVE. THE APPLICANT IS PROPOSING A GENERAL PLAN OF SINGLE FAMILY LOTS AND RESERVES. THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED INTERSECTION SPACING REQUIREMENTS ALONG THE SOUTHEASTERN GP BOUNDARY STAFF IS IN SUPPORT OF THE REQUEST. THE SITE IS LOCATED ALONG HUFFMAN CLEVELAND AT THE SITE OF A PROPOSED TEX O REALIGNMENT OF FM 2100. THIS CHANGE WILL RESULT IN A NEW Y SHAPED INTERSECTION AT THE SOUTH SOUTHEASTERN PORTION OF THE GP. THE APPLICANT HAS MARKED UP, WAS MARKED UP ON A RECENT GP TO PUT A STREET CONNECTION AT THIS LOCATION. THE APPLICANT ASSERTS THAT INCORPORATING A STREET CONNECTION HERE WOULD BE IMPRACTICAL. THE NEW INTERSECTION WILL REQUIRE A DISTANCE OF AT LEAST 600 FEET OF THE NEW INTERSECTION IN ORDER TO MEET CHAPTER 40 TWO'S. OFFSET REQUIREMENTS FOR MAJOR THOROUGHFARES. THIS WOULD PRECLUDE MOST OF THE AREA AFFECTED, UH, OF THE AFFECTED SECTIONS FROM CREATING AN INTERSECTION WITHOUT A VARIANCE. IN ADDITION, THE APPLICANT HAS COORDINATED WITH APPLIC THE APPLICABLE AGENCIES IN DESIGNING THEIR STREET SYSTEM, REQUIRING A STREET AT THIS CONNECT LOCATION WOULD RESULT IN ADDITIONAL DELAYS IN UNCERTAINTY. FURTHERMORE, THE APPLICANT HAS AGREED TO CONDITIONS THAT WOULD REQUIRE THE SECTIONS TO THE WEST TO BE RECORDED SIMULTANEOUSLY TO ENSURE THAT THE ACCESS REQUIREMENTS ARE MET. STAFF FINDS THE REQUEST TO BE A PRACTICAL ALTERNATIVE TO STRICT INTERPRETATION OF THE ORDINANCE AND RECOMMENDS APPROVAL AND WE'VE RECEIVED NO ADVANCE WRITTEN COMMENTS. THANK YOU MR. BUTLER. I HAVE NO ONE SIGNED TO SPEAK ON ITEM ONE 15. IS THERE ANYONE THAT WISHES TO SPEAK SEEING NILE? SEEK A MOTION AS SECOND FOR STAFF RECOMMENDATION. MOTION JONES SECOND POROUS PORTAL. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM ONE [d. Subdivision Plats with Variance Requests (James Tichy, Petra Hsia, Aracely Rodriguez, Tammi Williamson, Devin Crittle and Geoff Butler) ] [02:15:01] 16. ITEM ONE 16 IS WHITE OAK COMMERCIAL. THE SITE IS LOCATED ALONG NORTH MAIN STREET AT THE INTERSECTION OF BOUNDARY AND KEENE STREETS WITHIN HOUSTON'S CORPORATE LIMIT. THE APPLICANT PROPOSES A RESERVE FOR A PROPOSED COMMERCIAL DEVELOPMENT. THE APPLICANT IS SEEKING VARIANCES FOR REDUCED BUILDING LINES ALONG NORTH MAIN AND KEENE STREETS AND A REDUCED VISIBILITY TRIANGLE AT THE INTERSECTION OF KEENAN BOUNDARY. STAFF RECOMMENDS DEFERRAL PER THE REQUEST OF CITY COUNCIL DISTRICT H. WE'VE RECEIVED ONE WRITTEN COMMENT IN SUPPORT OF THE BUILDING LINE REQUEST, THOUGH EXPRESSING CONCERN OVER THE REDUCED VISIBILITY TRIANGLE. STAFF HAS ALSO MET WITH TWO NEIGHBORS WHO HAVE EXPRESSED CONCERN OVER TRAFFIC AND VISIBILITY AND RECEIVED MULTIPLE OBJECTION EMAILS AFTER THE SUBMITTAL DEADLINE. THESE WILL BE INCLUDED IN THE REPORT AT THE NEXT MEETING. THANK YOU MR. BUTLER. I HAVE SPEAKERS SIGNED TO SPEAK. UM, OUR FIRST SPEAKER IS JEFF TREVINO. AND JUST TO REMIND EVERYONE THAT THE MOTION, UH, IN FRONT OF THE COMMISSION IS TO DEFER PER COUNCIL MEMBER'S REQUEST. PLEASE STATE YOUR NAME AND GO AHEAD. JEFF TREVINO. I'D LIKE TO SAVE MY TWO MINUTES FOR WHEN THEY ARE IN FRONT OF YOU, SO THAT'S FINE. YOU CAN DEFER TO NEXT TIME. ALL RIGHT. THERE, THERE ARE FIVE OF US HERE THAT OPPOSE THIS AND UH, YOU CAN CALL 'EM, I'LL CALL THEIR NAMES AND THEN IF EVERYONE WANTS TO DEFER, THEY CAN JUST SAY I'LL DEFER TILL NEXT TIME. GOOD DEAL. THANK YOU. OKAY. THANK YOU SO MUCH. AARON RODRIGUEZ. OH YES, I'D LIKE TO DEFER ALSO. OKAY. PLEASE. THANK YOU VERY MUCH. THANK YOU. AND I WON'T MAKE YOU EACH COME UP TO THE MICROPHONE . UM, BUT YOU CAN JUST RAISE YOUR HAND AND SAY I'LL DEFER. SO MY NEXT SPEAKER IS, I'M GOING TO MESS THIS UP. LEONARDO, UH, IS IT HE LEFT. HE LEFT? OKAY. I'M SURE HE'LL DEFER. HE'S DEFERRED. YEP, HE'S DEFERRED. OKAY. RANDALL BAXLEY. UM, I'LL DEFER. OKAY. THANK YOU. CHRIS YUKO, I BELIEVE YOU'RE THE, UH, APPLICANT. DID YOU WANT TO SPEAK JUST FOR QUESTIONS? OKAY. THANK YOU COMMISSIONERS. DO YOU HAVE ANY QUESTIONS? OKAY. THE MOTION BEFORE YOU IS TO DEFER, UH, PER THE COUNCIL MEMBER REQUEST. DO I HAVE A MOTION AND A SECOND? MOTION. GARZA. SECOND BALDWIN. SECOND BALDWIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU MR. BUTLER. NOW WE'LL MOVE ON TO E SPECIAL EXCEPTIONS, WHICH WE HAVE NONE. F RECONSIDERATION REQUIREMENTS. THERE ARE NONE. [Platting Activities g & i] SO G EXTENSION OF APPROVAL. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS AN 20 SH BERRY. IF IT PLEASES THE COMMISSION STAFF WOULD LIKE TO TAKE SECTIONS. G AND I AS ONE GROUP. THERE ARE NO, UH, THERE ARE NO ITEMS FOR SECTION H. THANK YOU. AND PLEASE NOTE, I BELIEVE COMMISSIONER HEIS, YOU'RE GOING TO ABSTAIN ON ONE 17 AND ONE 20. YES, MADAM CHAIR. OKAY, THANK YOU. SO WE HAVE A MOTION FOR APPROVAL. MOTION MATTERS. ALLMAN SECOND ALLMAN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. THANK YOU. JAY. THERE'S NOTHING UNDER ADMINISTRATIVE. BEEN DOING THIS A LONG TIME. I'VE NEVER SEEN ANYTHING THERE. UM, [k. Development Plats with Variance Requests (Ed Buckley, Tammi Williamson, Geoff Butler, Ramon JaimeLeon)] KAY. DEVELOPMENT PLATS WITH VARIANCE REQUESTS. YES, SIR. UH, COMMISSIONER BALDWIN IS GONNA ABSTAIN FROM ITEM 1 29. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS ED BUCKLEY. ITEM 1 29 IS 4 0 1 GOLDENROD STREET SITE IS LOCATED WITHIN HOUSTON CITY LIMITS ON GOLDEN ROD STREET BETWEEN JESMOND STREET AND LILAC STREET. THE APPLICANT IS REQUESTING A ONE FOOT BUILDING LINE IN LIEU OF THE CITY ORDINANCE 10 FOOT BUILDING LINE FOR A NEW SINGLE FAMILY RESIDENCE BECAUSE THE SITE BACKS UP TO LITTLE WHITE OAK BAYOU, ALMOST ALL OF THE PROPERTIES WITHIN A FLOOD ZONE. AND THE REAR OF THE PROPERTY IS PART OF THE FLOODWAY, WHICH LIMITS THE AMOUNT OF BUILDABLE AREA. THE TERRAIN INSIDE THE PROPERTY IS UNEVEN AND IT SLOPES DOWNWARD TOWARD THE BAYOU PREVIOUS RESIDENCE AT THE SITE, WHICH IS NOW DEMOLISHED, WAS BUILT TO A ONE FOOT BUILDING LINE. OTHER NEW HOMES ALONG GOLDEN ROAD HAVE COMPLIED WITH A 10 FOOT BUILDING LINE STAFF WORKED WITH THE APPLICANT TO DETERMINE IF THE, TO DETERMINE IF THE PROPOSED SITE LAYOUT COULD BE RECONFIGURED TO ALLOW FOR A STRICTER BUILDING LINE AND FOUND THAT IT APPEARS TO BE POSSIBLE TO USE A 10 FOOT BUILDING LINE WITHOUT SUBSTANTIALLY CHANGING THE PROPOSED STRUCTURE BECAUSE SUFFICIENT HARDSHIP HAS NOT BEEN DEMONSTRATED TO JUSTIFY OR REDUCE BUILDING LINE STAFF RECOMMENDATION IS TO DENY THE REQUEST. THANK YOU MR. BUCKLEY. I HAVE NO ONE SIGNED TO SPEAK. IS THERE ANYONE THAT WISHES TO SPEAK ON ITEM UH, 1 29? YES, SIR. PLEASE COME FORWARD. STATE YOUR NAME FOR THE RECORD. I, I, I'M TERRENCE HILL. I'M ACTUALLY THE HOMEOWNER. I I WAS SIGNED UP. I'M NOT SURE HOW THAT OH. UM, BUT REGARDLESS, OH, YOU KNOW WHAT? 'CAUSE I SKIPPED YOU. NO, WELL, THANK YOU . THAT'S HOW YOU GOT LEFT OFF. YES, I APOLOGIZE [02:20:01] PROFUSELY. NO, I THINK THE, I THINK THE PROJECT WAS DESCRIBED WELL. SO, UM, THIS IS A VERY NARROW LONG LOT THAT GOES DOWN TO THE BAYOU. SO MOST OF IT IS NOT, IS NOT BUILDABLE. UM, AND THERE'S REAL, WE'RE SEEKING TO BUILD A SMALL HOME THAT MEANING A ABOUT A THOUSAND SQUARE FOOT FOOTPRINT THAT IS APPROPRIATE TO THE NEIGHBORHOOD THAT'S ELEVATED, UM, WELL ABOVE THE FLOOD, YOU KNOW, FLOODLINE AND WHEN EVERY FOOT THAT WE, AND I DON'T WANNA BUILD IN THE FLOODWAY, SO THAT'S MY, IT, IT MAYBE I WOULD BE GRANTED THAT VARIANCE, BUT I DON'T WANT TO BUILD THERE. SO EVERY FOOT THAT WE MOVE BACK, UM, OUR, OUR PROPERTY LINE IS 20 FEET FROM THE EDGE OF GOLDENROD STREET. SO THERE, IT'S A VERY WIDE DIRT AREA. UM, EVERY FOOT THAT WE MOVE BACK, WE JUST HAVE TO REDUCE THE SIZE OF THE HOME. AND AT SOME POINT IT JUST DOESN'T, YOU KNOW, IT, IT BECOMES VERY SMALL. AND SO, UM, THERE'S NOTHING MAGIC ABOUT ONE FOOT. THAT'S WHERE THE OLD STRUCTURE WAS THAT WE HAD INTENDED TO RENOVATE AND LIFT. ONCE WE GOT IN THERE, THEN WE REALIZED IT NEEDED TO BE DEMOLISHED. UM, SO HERE WE ARE ASKING FOR YOUR CONSIDERATION. GREAT, THANK YOU. COMMISSIONERS. QUESTION? ANY QUESTIONS? GO AHEAD. COMMISSIONER GARZA. MR. HILL, YOU SAID IT'S 25 FEET BACK. ARE YOU SAYING IT'S 25 FEET BACK FROM THE CURB FROM THERE'S NO CURB, BUT, BUT YOU KNOW WHERE THE CURB MIGHT BE, BUT IF THERE WOULD YES, TECHNICALLY. SO THE, IT'S 22 FEET AND THREE INCHES OR SOMETHING LIKE THAT, UM, FROM THE CURB OF GOLDEN ROD TO OUR PROPERTY LINE, AND THEN WE'RE ASKING FOR A FOOT BEHIND THE PROPERTY LINE. OKAY. AND YOUR NEIGHBORS ARE BUILT WHERE, I MEAN, ARE THEY IN LINE WITH YOU? ARE THEY, ARE THEY FURTHER BACK THAN YOU WOULD BE? THE HOME NEXT DOOR IS I IT ONE IT WAS BUILT AND THEY, THEY FILLED AND IT, AND SO IT'S, IT'S FAR FROM, SO I, I'M ACTUALLY, I DON'T WANNA SAY SOMETHING INCORRECT. WELL, THAT'S FINE. ON THE ONE SIDE THERE'S NOTHING. YEAH. AND, UM, AND ON THE OTHER SIDE, THERE'S A HOME THAT IS, I BELIEVE IN LINE WITH WHAT WE'RE TALKING ABOUT. IT MIGHT BE SET BACK A LITTLE BIT, BUT THEY, UM, IT'S A DI THEY FILLED IN, SO THEY'RE WELL ABOVE US. AND WE'RE, UM, WAY BELOW. WE ARE, WE ARE ANGLING DOWN, RIGHT. AND SO WE WANT TO BUILD A HOME THAT IS, UM, YOU KNOW, FITS THE NEIGHBORHOOD AND IF WE'RE AT THE ONE FOOT LINE, WE WOULD BE ABOUT THREE OR FOUR FEET ABOVE THE GROUND. IF WE'RE 10 FEET BACK, WE'RE GETTING CLOSE TO SIX FEET ABOVE THE GROUND. SO IT BECOMES REALLY HARD TO SORT OF FIT INTO THE NEIGHBORHOOD. OKAY. AND ARE YOU, UH, JUST AESTHETICALLY SPEAKING, ARE YOU, ARE, ARE, IS THE POSSIBILITY OF CANTOR LEAVING? IS IT ONE STORY BUILDING? IT'S ONE AND A HALF STORY. UM, IS THERE A POSSIBILITY THAT YOU COULD CANTILEVER THE SECOND STORY SLIGHTLY FURTHER BACK? SO IT WOULD BE QUOTE OVER THE WATER LINE, BUT NOT ON THE GROUND FLOOR? JUST AS A THOUGHT. THIS IS A, UM, IT'S A RATHER SMALL, UM, INEXPENSIVE HOME. OKAY. THAT WE'RE, WE'RE NOT WELL YOU'VE ANSWERED THAT QUESTION. WE'RE NOT ATTEMPTING TO BUILD A, A, YOU KNOW, SOMETHING LIKE THAT HERE. YEAH. GREAT. THANK YOU. COMMISSIONER MARTIS. UM, AND WE'RE LOOKING AT GOOGLE EARTH OVER HERE, , BUT THE, THE EXISTING STRUCTURE THAT YOU'RE TALKING ABOUT IS THAT THAT SMALL LITTLE TEAL IT BUILDING? IT WAS, WE TORE IT DOWN ABOUT TWO YEARS AGO. IT WAS AN EYESORE FOR THE NEIGHBORHOOD. ONCE WE DECIDED THAT WE COULDN'T USE IT, ONCE WE GOT IN THERE, REALIZED WE COULDN'T USE IT. UM, THERE WERE VAGRANTS AND, AND YOU KNOW, ISSUES WITH THE PROPERTIES. SO WE, IT'S NO LONGER THERE. YEAH. OKAY. COMMISSIONER JONES, GO BACK TO THE PREVIOUS PHOTOGRAPH. MICROPHONE PLEASE. YEAH, PUT YOUR MIC ON PLEASE. COMMISSIONER JONES. PARDON ME. ROUGHLY. I DON'T WANT TO TELL YOU SOMETHING THAT'S INCORRECT. IT'S, UM, ROUGHLY IN LINE WITH THAT. FAIR ENOUGH. THANK YOU. YES. COMMISSIONER ROBBINS. SO IF I UNDERSTOOD STAFF SAID YOU DON'T NEED, UH, THE VARIANCE. IT, IT, IT COSTS YOU NO SQUARE FOOTAGE OF THE HOME AND YOU SAID IT DOES IT, IS THIS JUST A DIFFERENCE OF OPINION OR IS THERE A DIFFERENCE IN UNDERSTANDING OF THE FACTS? SO IT'S, IT'S VERY NARROW. IT'S, UM, 50 FEET WIDE. SO I, WE HAVEN'T TALKED ABOUT IT, SO I DON'T, I DON'T KNOW EXACTLY WHAT THE, BUT UM, I DON'T, WE HAVE NO, WE CAN'T PUT A HOME THAT IS WIDER, UM, BECAUSE THERE'S, THERE WOULD BE NO ROOM TO PUT A DRIVEWAY. AND, UM, SO THERE'S, I I'M NOT SURE HOW THAT WOULD WORK UNLESS WE, SO FOR ME IT'S, UNLESS WE'RE GONNA BUILD IT INTO THE FLOODWAY, WHICH I DON'T WANT TO, IT IS JUST WE'RE SHRINKING IN THE BACK OF THE HOUSE. UM, YOU KNOW. ANY OTHER QUESTIONS? COMMISSIONERS? OKAY. THANK YOU VERY MUCH. THANK YOU FOR YOUR CONSIDERATION. OKAY, SO THERE'S A MOTION, I MEAN, THERE'S A [02:25:01] RECOMMENDATION BY STAFF TO DENY. SO I'M LOOKING FOR A MOTION AND A SECOND FOR STAFF RECOMMENDATION. I'M CONFUSED OR SOMETHING DIFFERENT. I WOULD YOU STATE THE RECOMMENDATIONS AND THE WHY. THERE'S A LACK OF HARDSHIP. YES. AND DEVELOPMENT CAN MEET A 20 FOOT BUILDING LINE. THAT'S BASICALLY IT. AND BECAUSE THE ARCHITECT, UM, SUBMITTED TO US A SET OF PLANS WHEN WE WERE GOING BACK AND FORTH WITH ARCHITECT THAT SHOWED ESSENTIALLY THE SAME HOUSE SETBACK 10 FEET ON THE SITE. OKAY. VERSUS WHAT THEY'RE ASKING FOR, WHICH IS ZERO. WELL, ONE FOOT BUILDING ONE. YES. I'M APOLOGIES. YES. SO HOW COULD THAT BE THE SAME? IT WOULD REQUIRE THE HOUSE TO BE ELEVATED MORE THAN IF IT WAS SETBACK. ONE FEET, ONE FOOT, BUT, UH, IT WOULD BE THE SAME SQUARE FOOTAGE. OKAY. OKAY. SO THERE WOULD, I MEAN THERE'S A COST DIFFERENCE. OH YEAH. YES. YEAH. SO THAT THE HEART, YEAH. BLESS YOU. BLESS YOU. GOT IT. OKAY. ANY OTHER QUESTIONS? COMMISSIONER MAREZ, BY ANY CHANCE, DO WE KNOW, UM, TO COMMISSIONER ROBBINS QUESTION EARLIER ABOUT, OR, UH, JONES', LIKE WHERE IF WE WERE TO KEEP 'EM OR WE, IF WE ALLOW THE VARIANCE, WHERE DID THAT PUT THEM IN PLACE WITH THE, THE REST OF THE NEIGHBORHOOD FRONT FACES? I MEAN, DO WE HAVE ANY KINDA INFORMATION ON THAT? YEAH, SO THE, THE ONLY ADJACENT SITE WITH THE HOUSE IS THE ONE THAT'S SHOWN IN ONE OF THE SLIDES. UM, IT IS SET BACK TO I BELIEVE A 10 FOOT BUILDING LINE. HOWEVER, BECAUSE OF THE BEND OF THE BAYOU, THE SITE DOES HAVE A LITTLE BIT MORE BUILD BUILDABLE AREA. UM, SO IT WAS MAYBE LESS OF A HARDSHIP FOR THEM TO BUILD AT THAT BUILDING LINE. NO, I UNDERSTAND. I JUST WANT TO TRY TO IMAGINE AESTHETICALLY FOR THE NEIGHBORHOOD YEAH. WHAT THIS WOULD KIND OF LOOK LIKE IF WE, WE DID CONSIDER THIS, YOU KNOW WHAT, WHAT'S, WE OFTEN TALK ABOUT THE CHARACTERISTIC OF A NEIGHBORHOOD. LIKE WHAT, WHAT WOULD THIS, I'M TRYING, THAT'S ALL I'M TRYING TO ASK. IF WE KNEW THAT. SO I I DON'T BELIEVE IT WOULD BE EXACTLY IN LINE. I I THINK IT'S SAFE TO ASSUME THAT IT WOULD BE NINE FEET IN FRONT. IN FRONT. I DON'T LIKE THAT. DO WE KNOW WHERE THE ORIGINAL HOUSE WAS SITTING BEFORE IT WAS DEMOLISHED AT, AT ONE FEET. AT A ONE FOOT BUILDING LINE. OKAY. YEAH. OKAY. ANY OTHER QUESTIONS? OKAY. COMMISSIONERS, THERE'S A RECOMMENDATION. YES. COMMISSIONER MAREZ, I FEEL LIKE I HAVE ALL THE QUESTIONS TODAY. YOU DO TODAY, AND I APOLOGIZE. THAT'S OKAY. BUT THEY'RE LIKE, I DON'T KNOW, A LETTER OF SUPPORT FROM THE COMMUNITY, FROM NEIGHBORS FROM, UM, HOA . WE DIDN'T RECEIVE ANY COMMENTS IN SUPPORT OR OPPOSITION. OKAY. IT'S UP TO YOU GUYS. YEP. SO ONCE AGAIN, THERE IS A RECOMMENDATION. RECOMMENDATION IS BASED ON THERE'S NO HARDSHIP AND IT IS BUILDABLE YES. IN THE OPINION OF STAFF. RIGHT. COMMISSIONER ROBBINS, I I'M GONNA MAKE A MOTION AGAINST STAFF RECOMMENDATION. UH, JUST BASED ON WHAT I'VE SEEN, THIS FEELS LIKE A REASONABLE REQUEST AND THAT GIVEN THE NATURE OF THE LOT AND WHERE IT IS AND THE BAYOU MOVING TOWARDS GLENRO, I'M GONNA MAKE A MOTION AGAINST STAFF RECOMMENDATION AND THEN A SECOND IT. OKAY, SO THE MOTION IS TO APPROVE? CORRECT. OKAY. THANK YOU. OKAY, SO MOTION TO APPROVE BY COMMISSIONER ROBBINS AND A SECOND, WAS IT COMMISSIONER HEINZ OR COMMISSIONER KLEEK? COMMISSIONER KLIK. AND JUST FOR THE RECORD, I, I'M, I WILL BE SUPPORTING THIS. OKAY. SO I'M NOT SURE WE NEED TO DO IT SHOW BY HANDS, BUT ALL IN FAVOR OF APPROVING THIS APPLICATION. AYE. AYE. OKAY. OKAY. OPPOSED? NAY, JUST ONE. OKAY. GARZA OPPOSED GARZA STAFF RECOMMENDATION? YES. AND UM, COMMISSIONER CULVERT ABSTAINS 'CAUSE SHE HAD STEPPED OUT. OKAY, SO MOTION CARRIES TO APPROVE. I HAVE ONE JOB. THANK YOU MR. BUCKLEY. I'M COMING. OKAY. ITEM ONE 30, MADAM CHAIR. MAY I CLARIFY THE MOTION ON THAT LAST ITEM? I'M SORRY. UM, THAT WAS WITH THE FINDING THAT THERE WAS A HARDSHIP SINCE THIS WAS AGAINST STAFF RECOMMENDATION. YES. YES. AM I ALRIGHT, THAT'S WHAT I UNDERSTOOD. YES. MAY, MAY WE INFER THAT. THANK YOU. YES. OKAY, THIS WILLIAMSON. GOOD AFTERNOON, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS TAMMY WILLIAMSON. ITEM ONE 30 IS 19 0 7 HOLCOMB BOULEVARD. THE SITE IS LOCATED WITHIN HOUSTON CITY LIMITS AT THE NORTHWEST INTERSECTION OF HOLCOMB BOULEVARD AND CAMBRIDGE STREET SOUTH AND EAST OF BRAYWOOD BOULEVARD AND BRAISED BAYOU. THE APPLICANT IS PROPOSING A FENCE STRUCTURE TALLER THAN EIGHT FEET WITHIN THE BUILDING LINE ALONG A PORTION OF CAMBRIDGE STREET. A MAJOR COLLECTOR STAFF RECOMMENDS TO APPROVE THE REQUESTED VARIANCE. THE SITE IS THE EXISTING RONALD MCDONALD HOUSE LOCATED WITHIN THE DEVEN SHIRE PLACE SUBDIVISION RECORDED IN 1926. THE SITE IS CONSTRAINED BY HAVING A GRADE DIFFERENCE AT THE NORTHEAST CORNER OF THE PROPERTY WHERE CAMBRIDGE BRIDGES OVER THE BAYOU. THE APPLICANT IS PROPOSING TO REPLACE THE EXISTING PERIMETER FENCE WITH A TALLER ONE TO HELP PROVIDE [02:30:01] SECURITY FOR THE PROPERTY. THE PROPOSED ORNAMENTAL FENCE WILL HAVE A 10 FOOT HIGH SECTION OF APPROXIMATELY 50 LINEAR FEET AND A 12 FOOT HIGH SECTION OF APPROXIMATELY 50 LINEAR FEET WHEN MEASURED FROM GRADE FROM THE SITE. THE, THIS MEETS THE INTENT OF THE ORDINANCE REQUIREMENTS BECAUSE NO PORTION OF THE PROPOSED FENCING WILL BE TALLER THAN EIGHT FEET WHEN MEASURED FROM GRADE FROM THE SIDEWALK ALONG CAMBRIDGE STREET. AND THE FENCING WILL BE SEMI-TRANSPARENT, WHICH WILL PROVIDE FOR A MORE COMFORTABLE WALKING ENVIRONMENT, MAINTAINING A FEEL OF OPEN SPACE. LEGAL HAS STATED THAT THIS APPLICATION WILL NOT VIOLATE SEPARATELY FILED RESTRICTIONS AND PUBLIC WORKS HAS VOICED NO OBJECTIONS TO THE REQUEST. THEREFORE, STAFF RECOMMENDS TO APPROVE THE REQUESTED VARIANCE TO ALLOW A ZERO FOOT BUILDING LINE FOR A PORTION OF, WELL FOR AN ORNAMENTAL FENCE THAT EXCEEDS EIGHT FEET IN HEIGHTS TO BE CONSTRUCTED AT THE ZERO FOOT BUILDING LINE ALONG CAMBRIDGE STREET. STAFF HAS NOT RECEIVED ANY PUBLIC COMMENTS IN ADVANCE. AND THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU MS. WILLIAMSON'S. UH, I NEED A MOTION AND A SECOND FOR STAFF RECOMMENDATION. MOTION. WHO? VELAND. OKAY. MOTION VERA BLAND. SECOND COVAR. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM 1 31. ITEM 1 31 IS 8 8 3 9 UMBLE WESTFIELD ROAD. THE SITE IS LOCATED WITHIN HOUSTON CITY LIMITS ALONG THE NORTH SIDE OF BUMBLE WESTFIELD ROAD, AKA BUSINESS 1960 SOUTH OF FM 1960 WEST OF US 59 IS EAST OF SWICK DRIVE. THE APPLICANT IS PROPOSING A NEW TWO STORY SINGLE FAMILY RESIDENCE AND IS REQUESTING TWO VARIANCES. ONE TO NOT DEDICATE 20 FEET OF RIDE OF WAY WIDENING FOR TO THE INSUFFICIENT MAJOR THOROUGHFARE WIDTH AND TWO TO CONSTRUCT AT 16 FEET FROM THE FRONT PROPERTY LINE AND A 17 FOOT GARAGE BUILDING LINE IN LIEU OF THE ORDINANCE REQUIRED 25 FOOT BUILDING LINE ALONG UMBA WESTVILLE ROAD, A MAJOR THOROUGHFARE STAFF RECOMMENDS TO DENY THE REQUEST. THE PROPERTY IS A VACANT TRACT WITHIN THE DANEN BAUM AND P*****K SUBDIVISION RECORDED IN 1903 AND WAS RE SUBDIVIDED WITHOUT PLATTING AT LEAST BY 1970. THIS UNRECORDED SUBDIVISION ESTABLISHED THE PROPERTY IN ITS 0.05 ACRE TRACT CONDITION WITH ITS ONLY FRONTAGE ALONG THE ALREADY ESTABLISHED TXDOT RIGHT OF WAY. UMBEL WESTFIELD HAS BEEN DESIGNATED AS A MAJOR THOROUGHFARE ON HOUSTON'S MAJOR THOROUGHFARE FREEWAY PLAN SINCE 1957, IDENTIFIED AS TO BE WIDENED AND IS STILL SHOWN ON THE MOST CURRENT VERSION OF THE MTFP WITH THE SAME CLASSIFICATION AS TO BE WIDENED. TXDOT HAS COMMENTED THAT THEY ARE NOT IN SUPPORT OF THE REQUEST AND ACCESS MANAGEMENT PLAN WAS PUBLISHED IN 2011 FOR THE 1960 BUSINESS CORRIDOR FROM FM 1960 BYPASS ROAD WEST THROUGH TO HUMBLE, HUMBLE WHERE BUSINESS 1960 INTERSECTS WITH THE BYPASS AGAIN EAST OF US 59. THE REPORT CALLS OUT THIS PORTION OF RIDE OF WAY IN PARTICULAR THAT IS ONLY 60 FEET IN WIDTH INSTEAD OF THE STANDARD 100 FEET AS REQUIRING THIS ADDITIONAL RIGHT OF WAY FOR NEEDED IMPROVEMENT. THE EXISTING 60 FOOT RIGHT OF WAY HAS TWO LANES OF TRAVEL WITH A SIDEWALK ON ONE SIDE THE SOUTH AND POWER LINES IN AN OPEN DITCH ON THE OTHER THE NORTH. THE STUDY PROVIDED MEDIUM TERM AND LONG-TERM IMPROVEMENT GOALS WITH THE NEEDED RIGHT OF WAY DEDICATION. THE REPORT CALLED FOR MORE MULTIMODAL ACCOMMODATIONS IN THE STREET CROSS SECTION, INCLUDING A SIDEWALK AND LANDSCAPE BUFFER ON BOTH SIDES AND A SAFER STREET LAYOUT OF A CENTER TURN LANE SEPARATING THE TRAVEL LANES AND EVENTUALLY A CENTER MEDIAN WITH DESIGNATED TURN LANES WITH FOUR LANES OF TRAFFIC. ALTHOUGH TXDOT DOES NOT CURRENTLY HAVE THESE WIDENING PROJECTS IN PLACE, THEY EXPRESSED THE DESIRE FOR THE ORDINANCE REQUIRED RIGHT OF WAY WIDENING SO THAT IF THE FOUR LANE WIDENING WERE TO HAPPEN, THE SPACE WOULD BE THERE IN ADDITION TO DRAINAGE AND PEDESTRIAN REALM IMPROVEMENTS. WHAT MAKES THIS PROJECT DIFFICULT IS THAT THIS PROPERTY IS ONLY 55 TO 56 FEET IN DEPTH UNLIKE ALL OF THE ADJACENT PROPERTIES MEETING BOTH THE 20 FOOT REQUIRED DEDICATION FOR WIDENING AND THE 25 FOOT BUILDING LINE FROM THE NOW PROPERTY LINE ONLY ALLOWS 10 TO 11 FEET OF BUILDABLE AREA NOT TAKING INTO ACCOUNT THE BUILDING LINE. AFTER 20 FEET OF DEDICATION, THE PROPERTY DEPTH WOULD BE 35 TO 36 FEET. THE CURRENT SITE PLAN SHOWS THAT THE STRUCTURE AS DESIGNED WOULD BE FOUR FEET INTO THIS DESIRED DEDICATION FOR RIGHT OF WAY. WIDENING STAFF RECOMMENDS TO DENY THE DEVELOPMENT PLAT VARIANCE OF NOT PROVIDING THE REQUIRED 20 FEET OF DEDICATION TOWARDS RIGHT OF WAY WIDENING AND NOT TO ALLOW THE 16 FOOT BUILDING LINE FOR THE NEW SINGLE FAMILY RESIDENCE. LEGAL HAS STATED THAT THIS APPLICATION WILL NOT VIOLATE SEPARATELY FILED [02:35:01] RESTRICTIONS AND STAFF HAS NOT RECEIVED ANY PUBLIC COMMENTS IN ADVANCE. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU MS. WILLIAMSON. I HAVE NO ONE SIGNED TO SPEAK AND I DON'T SEE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK. COMMISSIONERS. ARE THERE ANY QUESTIONS? OKAY, SO I NEED A MOTION AND A SECOND FOR STAFF RECOMME RECOMMENDATION TO DENY THIS APPLICATION. MOTION GARZA. MOTION JONES. SECOND GARZA. ALL IN FAVOR? AYE. AYE. OPPOSED? MOTION CARRIES. ITEM 1 32. GOOD AFTERNOON. UH, MADAM CHAIR, MEMBERS OF THE PLANNING COMMISSION. MY NAME IS RAMON. ITEM 1 32 34 36 MEADOW LAKE LANE. THE SITE IS, UH, LOCATED ON, SORRY. STAFF RECOMMENDATION IS TO DEFER THE ITEM. UM, THE SITE IS LOCATED ON MEADOW LAKE LANE ALONG THE SOUTH SIDE OF SAN FELIPE AND WEST OF LOCK LAMONT ROAD. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW A 10 FOOT BUILDING LINE IN LIEU OF THE ORDINANCE REQUIRED 25 ALONG A MAJOR FOR SAN FELIPE STREET STAFF. RECOMMENDATION IS TO DEFER THE, UM, IS TO DEFER THE, UH, ITEM TO ALLOW FOR MORE TIME FOR STUDY AND REVIEW. THANK YOU COMMISSIONERS. DO WE HAVE ANY QUESTIONS? COMMISSIONER BALDWIN? WE JUST GRANT THIS ONE ALMOST EVERY TIME. PROVIDED THAT THEY ELIMINATE THE CURB CUT OFF OF SAN FELIPE AND ALL THAT SORT OF STUFF. WHAT ARE WE HOPING TO ACCOMPLISH IN THE TWO WEEKS AFTER, UH, REVIEW BY LEGAL? THE, UH, PROPOSED CONSTRUCTION WAS IN VIOLATION OF DEED RESTRICTIONS. OKAY. AND SO IN THE DEFERRAL, GET WITH THE APPLICANT TO, OKAY. THERE YOU GO. GOOD TO KNOW. ALL RIGHT. I HAVE NO ONE SIGNED TO SPEAK AND I DON'T THINK, UH, I THINK ONLY GUEST IS, UH, MR. BROWN. I DON'T THINK HE WANTS TO SPEAK ON THIS ONE. SO I NEED A MOTION AND A SECOND FOR STAFF RECOMMENDATION. MOTION BALDWIN GARZA. SECOND GARZA. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. YOU BETTER WATCH IT MR. BROWN. I'LL MAKE YOU SPEAK ON ALL OF 'EM. ITEM 1 33. ITEM 1 33 IS 56 0 7 WEST MONTGOMERY ROAD. THIS REQUEST WAS DEFERRED AT THE PREVIOUS MEETING. THE SITE IS LOCATED WITHIN HOUSTON'S CORPORATE LIMIT ALONG TIDWELL AND WEST MONTGOMERY EAST OF SHEPHERD. THE APPLICANT HAS CONSTRUCTED A NEW AUTOMOTIVE GARAGE STRUCTURE AND IS SEEKING VARIANCES TO NOT DEDICATE 10 FEET OF RIGHT OF AWAY TO TIDWELL AND TO ALLOW FOR A ZERO FOOT BUILDING LINE. STAFF IS NOT IN SUPPORT OF THIS REQUEST. THE SITE IS LOCATED WEST OF THE INTERSECTION OF TIDWELL AND WEST MONTGOMERY FRONING BOTH STREETS. THE SITE WAS HOME TO A ONE STORY AUTO REPAIR SHOP THAT APPEARS TO HAVE BEEN BUILT WITHIN THE TIDWELL SETBACK PRIOR TO THE BUILDING LINE REQUIREMENT. THE APPLICANT RECENTLY DEMOLISHED A STRUCTURE AND BUILT A NEW MECHANIC SHOP IN THE SAME LOCATION. THE APPLICANT IS REQUIRED TO ADDRESS THE BUILDING LINE VARIANCE AS THE NEW STRUCTURE DOES NOT QUALIFY FOR THE PREVIOUS SETBACK. THE APPLICANT IS ALSO REQUIRED TO ADDRESS THE VARIANCE TO NOT DEDICATE RIGHT AWAY TO TIDWELL AS THE NEW STRUCTURE WAS BUILT OVER THE REQUIRED 10 FEET OF DEDICATION AREA. STAFF FINDS THE APPLICANT'S STATED HARDSHIP RELATED TO THE PROPERTY SIZE TO BE LARGELY SELF-IMPOSED. THE NEW STRUCTURE WAS BUILT WITHOUT PERMITS AND THE CITY'S INSPECTORS PROVIDED NUMEROUS OPPORTUNITIES FOR THE APPLICANT TO REVISE THEIR DESIGN TO MEET THE BUILDING LINE REQUIREMENT. STAFF ALSO FINDS THAT THE 10 FOOT OF RIGHT OF WAY DEDICATION TO BE NECESSARY FOR THE CITY TO MEET TRANSPORTATION AND PUBLIC SAFETY HOLES. THE PROPOSED WIDENING OF THIS SEGMENT OF TIDWELL WAS APPROVED BY PLANNING COMMISSION IN 2015 AND IS LARGELY INFORMED BY THE NORTHWEST MOBILITY STUDY. THIS WAS A PRODUCT OF STAFF COLLABORATION WITH THE NEIGHBORHOOD AND CALLS FOR ADDITIONAL WIDTH TO ACCOMMODATE ROADWAY WIDENING AND MULTIMODAL IMPROVEMENTS. THESE WOULD BE DIFFICULT TO INCORPORATE IT WITH THE EXISTING STRUCTURE, WHICH ONLY LEAVES A 10 FOOT BACK OF CURB DISTANCE FROM THE EXISTING ROADWAY. STAFF RECOMMENDS DENYING THE REQUEST. WE HAVE RECEIVED A WRITTEN COMMENT OPPOSING CITING THE NON-COMPLIANCE WITH THE BUILDING CODE. THANK YOU. THANK YOU MR. BUTLER. THESE ARE NEVER EASY. UM, COMMISSIONERS, DO WE HAVE ANY QUESTIONS? OKAY. I NEED A MOTION FOR STAFF RECOMMENDATION TO DENY THE DEVELOPMENT PLAT FOR ITEM 1 33 33 A MOTION. OOH, THICKEN. OKAY. MOTION POURS PER SECOND MARRE. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. ITEM 1 34, ITEM 1 34 IS 35 39 WOOD VALLEY DRIVE B. THE SITE IS IN HOUSTON CITY LIMITS ON WOOD VALLEY DRIVE NORTH OF I SIX 10 SOUTH LOOP WEST BETWEEN ALONA LANE AND WOOD MEADOW STREET. THE APPLICANT IS PROPOSING A SECOND FLOOR ACCESSORY DWELLING UNIT ABOVE AN EXISTING GARAGE AND IS REQUESTING A 20 FOOT BUILDING LINE IN LIEU OF THE CITY ORDINANCE 25 FOOT BUILDING LINE ALONG I SIX 10. THE SECOND FLOOR ADDITION COMPLIES WITH PLA BUILDING LINES AND LEGAL REVIEW DID NOT FIND A [02:40:01] CONFLICT WITH DEED RESTRICTED BUILDING LINES. HOWEVER, LEGAL REVIEW DETERMINED THAT THE PROPOSED USE WOULD VIOLATE DEED RESTRICTIONS. THE APPLICANT SUBMITTED A WRITTEN REQUEST TO DEFER TO ALLOW TIME TO COORDINATE WITH THE CITY'S LEGAL STAFF. STAFF RECOMMENDATION IS TO DEFER PER THE APPLICANT'S REQUEST. THANK YOU. COMMISSIONERS. ANY QUESTIONS? NEED A MOTION FOR STAFF RECOMMENDATION? MOTION BALDWIN. MOTION BALDWIN. SECOND STONE. SECOND STEIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. THANK YOU. NOW WE'LL MOVE ALONG TO UM, [II. Establish a public hearing date of September 19, 2024 ] ROMAN NUMERAL TWO. ESTABLISH A PUBLIC HEARING DATE OF SEPTEMBER 19TH, 2024 FOR BAGUETTE GREEN COUGAR ESTATES EXPRESS. MARK 59 FAIRWOOD AT FURMAN HUNTER CREEK LANDING ISAAC ESTATES AT NORDLING, LINFIELD DEVELOPMENT AND MCDONALD'S AT MEADOWS OF CLEAR CREEK. I NEED A MOTION. MOTION. SECOND STEIN. SECOND STEIN. ALL IN FAVOR? AYE. OPPOSED? MOTION CARRIES. [III. Public Comment ] UH, ITEM ROMAN THREE PUBLIC COMMENT. DO WE HAVE ANYONE THAT WOULD LIKE TO, UH, MAKE A PUBLIC COMMENT? OKAY, COMMISSIONER HEINZ. GO RIGHT AHEAD. UM, JUST AS A POINT OF PRIVILEGE, UM, SOMETHING I'M EXCITED ABOUT THIS SATURDAY IN FORT BEND COUNTY, THERE'S UH, A GROUNDBREAKING CELEBRATION FOR THE AFRICAN AMERICAN MEMORIAL. AND SO, UH, IT'S FORT BEND'S MEMORIAL AND RECOGNITION OF THE CONTRIBUTIONS OF AFRICAN AMERICANS IN THE COUNTY. IT INCLUDES A SIGNIFICANT MONUMENT, JUNETEENTH PLAZA AND BASICALLY IT'S A 15 ACRE PARK. I AM THE ARCHITECT ON THAT . UH, YEAH, CONGRATULATIONS. THAT'S CORRECT. IT WAS ORIGINALLY SCHEDULED FOR JUNETEENTH, BUT YOU GUYS REMEMBER WE HAD THE BIG STORM AND YES. UM, AND SO EVERYONE'S VERY EXCITED. IT WILL BE THE LARGEST, UH, AFRICAN AMERICAN MEMORIAL IN TEXAS. I WOULD ARGUE PROBABLY THIRD LARGEST IN THE US AND UH, I THINK THIS WILL BE VERY IMPORTANT AND SIGNIFICANT FOR THE REGION. THAT'S EXCELLENT. CAN YOU GIVE US A TIME? YES. UM, HYDRATE IF YOU'RE COMING. IT IS AT NOON AT BATES M ALLEN PARK IN KENTON, TEXAS. BATES M ALLEN PARK. YES. AND THAT WAS NOON TO, I'M NOT SURE. OKAY. SO IT STARTS AT NOON UNTIL YOU PASS OUT. UM, OKAY. WELL CONGRATULATIONS. THAT IS, THAT IS A BIG, BIG DEAL. SO THANK YOU FOR BRINGING THAT TO OUR ATTENTION. ARE THERE ANY OTHER PUBLIC COMMENTS? OKAY, I WILL ADJOURN THE COMMITTEE, I MEAN THE MEETING OF PLANNING COMMISSION AT 5:14 PM THANK YOU EVERYONE. THANK YOU. ALRIGHT. OKAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.