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[A. CALL TO ORDER]

[00:00:03]

>> ALL RIGHT. GOOD EVENING, EVERYONE.

WELCOME TO THE VICTORIA PLANNING COMMISSION MEETING FOR OCTOBER 18, 2023. I WOULD LIKE TO CALL THE MEETING TO ORDER. CELESTE, WOULD YOU PLEASE CALL

THE ROLL? >> DAVID BROWN?

>> PRESENT. >> DR. DERRICK HUNT?

>> PRESENT. >> VICTOR MENDOZA?

>> HERE. >> DAN MIKULENKA?

>> HERE. >> MONICA RODRIQUEZ?

>> HERE. >> REBECCA SPEARS?

>> HERE. >> CYNTHIA STALEY?

[B. COMMUNICATION:]

>> HERE. >> WE HAVE QUORUM.

>> ALL RIGHT. TONIGHT'S MEETING IS BEING SIMULCAST VIA TV-15. I WANT EVERYONE TO KNOW.

THAT WE WILL START CITIZEN COMMUNICATION.

DO WE HAVE ANY CITIZENS IN THE AUDIENCE WISHING TO SPEAK ONLY TO ITEMS NOT LISTED FOR A PUBLIC HEARING? IF YOU WISH TO SPEAK ON AN ITEM NOT LISTED ON THE PUBLIC HEARING, PLEASE COME FORWARD AT THIS TIME AND LIMIT YOURSELF TO THREE MINUTES. OKAY.

I'LL GO AHEAD AND CLOSE-- I DON'T SEE ANYBODY WISHING TO COME UP. WE WILL CLOSE THE PUBLIC HEARING. WE WILL GO AHEAD AND START THE

[1. Variance Request for Minimum Lot Size and Minimum Lot Width Required for Sandoval Subdivision, Lots 1 & 2, Block 1]

DEVELOPMENT ITEMS WITH PUBLIC HEARINGS.

OUR FIRST ITEM IS A VARIANCE REQUEST FOR THE SANDOVAL SEASON SUBDIVISION. STAFF, PLEASE GIVE YOUR REPORT.

>> GOOD AFTERNOON, COMMISSION. WE WANT TO BEGIN WITH THE VARIANCE FOR THE SANDOVAL SEASON SUBDIVISION.

THE OWNER IS ANTONIO SANDOVAL. THE AGENT IS CIVIL CORP.

>> EXCUSE ME. NOT HEARING YOU REALLY GOOD.

IF YOU COULD -- >> CAN YOU HEAR ME NOW BUT? CAN YOU HEAR ME NOW? HELLO?

>> OKAY. THAT IS GOOD.

>> THANK YOU. >> THE VARIANCE IS FOR APPROVAL OF A FINAL PLAT WITH THE VARIANCE SECTION 2182-A.

FOR MINIMUM LOT SIZE. AND SECTION 2182-A-2, MINIMUM LOT WIDTH. THE PROPERTY IS LOCATED AT 1210 AND 1212 JULIUS STREET. IT IS DESCRIBED AS A TRACT SITUATED EAST OF UPTOWN. IN THE TOWN OF VICTORIA.

THE PROPERTY OWNER W WOULD LIKEO REDEVELOP THE PROPERTY WITH NEW SINGLING-FAMILY RESIDENTIAL STRUCTURES.

THE RECONSTRUCTION OR PLACEMENT OF A NEW RESIDENTIAL STRUCTURE REQUIRES A PLAT OF THE SUBJECT PROPERTY IN ORDER FOR A BUILDING PERMIT TO BE ISSUED. THE OWNER IS REQUESTING VARIANCES IN ORDER TO PLAT THE PROPERTY INTO TWO SINGLE-FAMILY RESIDENCE LOTS WITH LOTS BEING BELOW THE MINIMUM REQUIRED LOT SIZE AND HAVING LOTS WIDTHS BELOW THE MINIMUM REQUIRED FOR SINGLE-FAMILY RESIDENTIAL LOTS. SECTION 2182-A-1 REQUIRES SINGLE-FAMILY RESIDENTIAL LOTS HAVE A MINIMUM SIZE OF 6,000 SQUARE FEET. LOTS ONE AND TWO WILL HAVE AN APPROXIMATE TOTAL SIZE OF 4,454 SQUARE FEET.

SECTION 2182-A-2 REQUIRES SINGLE-FAMILY RESIDENTIAL LOTS TO HAVE A MINIMUM LOT WIDTH OF 50 FEET.

LOTS ONE AND TWO WILL EACH HAVE AN APPROXIMATE WIDTH OF 45 FEET.

LOTS ONE AND TWO WILL BE ABLE TO ADHERE TO ALL DEVELOPMENT GUIDELINES FOR SINGLE-FAMILY RESIDENTIAL LOTS DESPITE BEING BELOW THE MINIMUM LOT SIZE. THE LOTS WILL MEET ALL YARD SETBACK REQUIREMENTS. THE FINAL PLAT WILL MEET ALL APPLICABLE ORDINANCES WITH APPROVAL OF VARIANCES.

STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST.

THE PLATTING OF THE TWO LOTS WHICH WERE PREVIOUSLY DEVELOPED WITH SINGLE-FAMILY RESIDENTIAL STRUCTURES ON THEM.

THE VARIANCE WILL ALLOW BOTH LOTS TO HAVE LOT SIZES BELOW MINIMUM LOT SIZE REQUIREMENT AND LOT WIDTHS BELOW THE REQUIREMENTS. WHILE MEETING ALL OTHER SINGLE-FAMILY REQUIREMENTS FOR THE CITY CODE.

THE APPROVAL WILL NOT SIGNIFICANTLY CHANGE THE EXISTING CHARACTER OF THE NEIGHBORHOOD AND WILL NOT BE A DETRIMENT TO SURROUNDING LOTS. FURTHERMORE, ALLOWING THE CONSTRUCTION OR PLACEMENT OF NEW RESIDENTIAL STRUCTURES TO BE ERECTED IN 1210 AND 1212 JULIUS STREET WILL NOT BE DETRIMENTAL

TO THE NEIGHBORHOOD. >> IS THERE ANY QUESTIONS? IF THAT IS ALL, I WOULD LIKE TO OPEN IT UP FOR A PUBLIC HEARING.

ANYONE WISHING TO SPEAK ON THIS ITEM, PLEASE COME FORWARD AT THIS TIME. OKAY.

I SEE NO ONE. I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION ON THE--

FROM THE COMMISSIONERS? >> I WOULD JUST LIKE TO SEE WHEN

[00:05:02]

WE ARE DOING THE DEVELOPMENT THERE.

I'M GLAD TO SEE THAT HAPPENING ON AND THEN.

I ALSO NOTICE THAT WE HAVE TO ADD THE FEES BACK TO THE APPLICATION. THERE ARE NEW FEES TO IT.

OTHER THAN THAT, I THINK IT IS OUTSTANDING.

>> ALL RIGHT. >> CAN I ASK WHAT KIND OF STRUCK HUR IS GOING TO BE ON THE PROPERTY?

(INAUDIBLE). >> IT IS PLATTED FOR RESIDENTIAL. IT COULD BE A MANUFACTURED HOME OR A STICK-BUILT HOME THAT MEETS THE BUILDING CODE.

AS LONG AS IT ADHERES TO ALL THE SETBACKS.

>> OKAY. >> FOR MANUFACTURED HOMES, WE DO REQUIRE OUR SEPARATE-- IT DOES HAVE TO BE OWNER-OCCUPIED.

THE TITLE OF THE HOME AND THE DEED TO THE PROPERTY BOTH HAVE

TO BE IN THE SAME PERSON'S NAME. >> RIGHT.

>> AND THEY WILL BE THE SAME 20-FOOT --

>> YES. THE SETBACKS HAVE TO BE ADHERED

TO. >> I'M TALKING ABOUT THE

DRIVEWAY. >> YES.

ALL DEVELOPMENT STANDARDS HAVE TO BE AHERED TO.

NO MATTER WHAT TYPE OF STRUCTURE IT IS.

>> LY ASK FOR ANY MOTION OR ACTIONS.

>> MOTION TO APPROVE. >> MOTION TO APPROVE THIS

VARIANCE. >> SECOND.

>> BY MR. MENDOZA. SECOND BY MR. BROWN.

ALL THOSE IN FAVOR, SAY AYE. >> AYE.

>> ALL THOSE OPPOSED? --

>> HE WAS THE MOTION AND HE WAS THE SECOND.

>> NO. >> MENDOZA?

>> OKAY. >> THE ORIGINAL MOTION CAME FROM MR. MENDOZA. THE SECOND CAME FROM MR. BROWN.

THE MOTION DID PASS. ALL RIGHT? WE GO AHEAD AND-- ON OUR SECOND ITEM IS A VARIANCE REQUEST FOR

[2. Variance Request for Maximum Allowable On-Premises, Freestanding Signage for City of Victoria Public Safety Headquarters]

THE CITY OF VICTORIA PUBLIC SAFETY HEADQUARTERS.

MR. WARD? >> GOOD EVENING, COMMISSIONERS.

OUR SECOND ITEM ON THE AGENDA TONIGHT IS A VARIANCE REQUEST FOR THE CITY OF VICTORIA PUBLIC SAFETY HEADQUARTERS.

THE CITY OF VICTORIA IS THE OWNER.

PATRICK OHRT IS THE AGENT. THE SUBJECT PROPERTY IS LOCATED AT 2501 KT NORP R NORP MAIN STREET.

IT IS BLOCK TWO, RANGE TWO, EAST ABOVE TOWN FARM LOT TWO, TRACT ONE. THE SUBJECT PROPERTY IS APPROXIMATELY A 14.50-ACRE TRACT OF LAND.

THE OWNER WISHES TO PLACE TWO MONUMENT SIGNS ON THE SAME STREET FRONTAGE. THE OWNER IS REQUESTING A VARIANCE IN ORDER TO ALLOW FOR THE APPROVAL OF A SIGN PERMIT TO ERECT AN ADDITIONAL FREESTANDING MONUMENT SIGN ON THE PROPERTY.

NOW, SECTION 5-149A-1 STATES THAT ONLY ONE FREESTANDING SIGN SHALL BE ALLOWED ON EACH LOT WHICH FRONTS ONLY ONE PUBLIC STREET. FOR LOTS FRONTING ON MORE THAN ONE PUBLIC STREET, ONE SIGN SHALL BE ALLOWED FOR EACH STREET WITH EACH SIGN TO BE ORIENTED TOWARD A DIFFERENT STREET OR STREET CORNER. THE SUBJECT PROPERTY DOES FR FRONT-- DOES HAVE TWO PUBLIC RIGHT-OF-WAYS.

HAVING FRONTAGE ALONG NORTH VINE STREET AND NORTH MAIN STREET.

ALL ACCESS WILL COME OFF OF NORTH MAIN STREET.

SIGNAGE ALONG NORTH VINE STREET IS NOT NEEDED AND WOULD NOT BE BENEFICIAL FOR THE DEVELOPMENT. WE ALSO WANTED TO ADD THAT SECTION 149A-1A-7 ALLOWS LOTS IN EXCESS OF 1,000 LINEAR FEET OF PUBLIC STREET FRONTAGE TO HAVE ONE ADDITIONAL FREESTANDING SIGN. THE SUBJECT PROPERTY HAS APPROXIMATELY 973 LINEAR FEET OF CONTIGUOUS PUBLIC STREET FRONTAGE ALONG NORTH MAIN. THE PROPERTY IS 27 LINEAR FEET SHORT OF BEING ALLOWED A FREE STANING SIGN ALONG NORTH MAIN STREET. STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST. NOW, THE OWNER HAS STATED THAT IF THE ADDITIONAL PROPOSED SIGNAGE IS APPROVED, THE CUMULATIVE AREA WILL STILL BE BELOW THE AREA ALLOWED FOR ONE SIGN BY THE ORDINANCE WHICH IS 500 SQUARE FEET.

THE VARIANCE REQUEST IS ONLY TO ALLOW THE ADDITIONAL FREE STANING SIGN AND NOT TO INCREASE THE ALLOWABLE SIGN AREA.

STAFF RECOMMENDS APPROVAL OF THE VARIANCE SUBJECT TO THE CONDITION THAT THE PROPERTY WILL ONLY HAVE THE TWO FREESTANDING MONUMENT SIGNS ALONG NORTH MAIN STREET WITH NO ADDITIONAL SIGNAGE TO BE ADDED TO NORTH VINE STREET.

THE TOTAL SIGNAGE AREA, BOTH SIGNS WILL BE ALLOWABLE FOR A PROPOSED SIGN. EACH LOCATED NEAR A PROPOSED DRIVEWAY TO GUIDE TRAFFIC. THE VARIANCE WOULD BE IN THE PUBLIC BENEFIT IN LIKELIGHTING ACCESS TO THE NEW BUILDING WITH THE STRATEGIC LOCATION OF THE SIGNS NEAR THE DRIVEWAYS.

OVERALL, THE SIGNAGE IS LESS THAN THE TOTAL ALLOWABLE SIGNAGE IF CONFIGURED ON BOTH VINE AND MAIN STREETS RATHER THAN JUST CONCENTRATED ON NORTH MAIN STREET.

STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUESTS.

THANK YOU. >> THANK YOU, MR. WARD.

LY GO AHEAD AND OPEN UP TO A PUBLIC HEARING.

>> ANYBODY WISHES TO SPEAK ON THIS ITEM, PLEASE COME FORWARD AT THIS TIME. PLEASE STATE YOUR NAME AND

[00:10:07]

ADDRESS, AND PLEASE LIMIT YOURSELF TO THREE MINUTES.

>> YOU BET. HI.

I'M WRECKA TEIGEN. I'M RIGHT ACROSS, THE GENERAL MANAGER OF THE ANIMAL HOSPITAL. I WOULD LIKE TO KNOW WHERE THE DRIVEWAYS ARE LOCATED AT. SINCE YOU SAID THAT THE PLAN, IF APPROVED, IS A SIGN AT EACH ENTRANCE.

>> YES, MA'AM. WE DO HAVE PROPOSED LOCATIONS UP

HERE ON THE POWER POINT. >> ONE DRIVEWAY IS DIRECTLY ACROSS FROM AIRLINE. THE OTHER DRIVEWAY IS MUCH CLOSER TO THE-- I GUESS CAN BOW THAT.

>> MONUMENT SIGNED HEIGHTS. I'M SURE THAT CAN BE FOUND IN THE CODE. WHAT HEIGHTS?

>> I DON'T KNOW IF I CAN READ. >> I CAN'T READ IT.

>> SIGNAGE IS ALSO SET BACK TEN FOOT FROM THE PROPERTY LINE.

THERE IS A MAXIMUM SIGN HEIGHT THAT IS, I BELIEVE, 35.

>> I BELIEVE IT IS 5 FEET. >> THESE MONUMENT SIGNS ARE NOWHERE NEAR THAT MAXIMUM. THAT IS NOT A VARIANCE REQUEST.

IT LOOKS LIKE IT IS GOING TO BE ABOUT, A LITTLE UNDER SIX FEET.

>> OKAY. AS FAR AS ANY QUESTIONS REGARDING TRAFFIC MAINTENANCE, WOULD THAT BE AT ANOTHER TIME?

>> YES. THIS IS JUST FOR THE SIGNAGE.

YES. FOR TRAFFIC IMPACT OR ANYTHING, I GUESS WE COULD TALK TO THE MPO OR PUBLIC WORKS.

ALTHOUGH THERE IS NO REQUI REQUIREMENTS FOR ANY SORT OF TRAFFIC IMPACT ANALYSIS OR ANYTHING.

>> OKAY. THANK YOU.

>> THANK YOU, MA'AM. NO ONE ELSE WISHES TO SPEAK ON THIS SUBJECT. I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION FROM THE

COMMISSIONERS? >> I HAVE A QUESTION.

>> OKAY. >> ARE WE SAYING THAT THIS PROPERTY WILL NEVER HAVE AN EXIT OR ENTRANCE FROM VINE STREET?

>> I WON'T-- AS FAR AS AN ENTRANCE AND EXIT, THAT IS NOT PLANNED. NEVER IS A LONG TIME.

THERE IS SOME BARRIERS IN THAT THERE IS ONLY A LIMITED AMOUNT WHERE YOU CAN ACTUALLY PROVIDE ACCESS IN THE BACK BECAUSE OF THE NORTH OUTFALL. THE OUTFALL DRAINAGE DITCH OVER THERE. THE OTHER COMPONENT IS THAT THAT BACK PARKING LOT IS A SECURED PERIMETER FOR POLICE VEHICLES, AND SO IT WOULD HAVE TO BE, IF THEY WERE GOING TO ACCESS THAT BACK AREA, THEY WOULD CONTINUE TO HAVE-- IT WOULD BE MUCH-- IT

WOULDN'T BE PUBLIC ACCESS. >> EXACTLY.

>> THEY WOULD BE ACCESSING THE SECURED PARKING LOT.

THAT IS WHERE THE POLICE VEHICLES WILL BE.

BEHIND LOCKED GATES. IT IS A POSSIBILITY IN THE FUTURE. I DON'T BELIEVE THERE WILL BE A PUBLIC NEED FOR SIGNAGE BACK THERE BECAUSE IF THERE IS A FUTURE DRIVEWAY, IT WOULD BE ACCESSING ONLY THE SECURED

PRIVATE PARKING AREA. >> YEAH.

>> I WOULD SAY THAT FOR SECURITY PURPOSES OR THINGS, YOU LOOK AT ANY STATION, IT IS LIKE THAT IN THE FRONT.

WHEN IS THE INITIAL GROUNDBREAKING?

>> I'M THE ASSISTANT MANAGER IN CHARGE OF THE PROJECT FOR STAFF.

WE ARE LOOKING AT LATE JANUARY, EARLY FEBRUARY FOR GROUNDBREAKING. CONSTRUCTION MANAGER RISK PROJECT. WE WILL BE BRINGING A GUARANTEED MAXIMUM PRICE TO COUNCIL IN DECEMBER.

>> I'M EXCITED. ANYWAY, I'M A FAN OF IT.

I BELIEVE IT IS NEEDED HERE. HOPEFULLY, IT WILL BRING MORE POLICE TO THE AREA AND STUFF. I'M ACTUALLY EXCITED ABOUT THIS

MOVE. >> HOW LONG --

>> MAY I ASK A QUESTION? DERRICK, YOU ARE HERE TO PRESENT YOURSELF. IS THERE ANY CONSIDERATION ABOUT THE TRAFFIC JAM THAT WILL ENSUE FOR TRAFFIC GOING TO ST. JOE'S

ON HILLER STREET? >> SO WE HAVEN'T ANTICIPATED A TRAFFIC JAM BECAUSE OF THE TIME OF DAY DIFFERENCES.

AND THEN, YOU KNOW, OUR MUNICIPAL COURT DOCKETS AT THE MOMENT, HAVEN'T CREATED TRAFFIC JAMS DOWNTOWN WITH NAZARETH

ACADEMY BEING RIGHT NEXT-DOOR. >> I HOPE YOU ARE RIGHT.

>> I DO, TOO. >> I DO, TOO, BECAUSE I LIVE RIGHT THERE. YEAH.

>> MOST OF THE PEOPLE THAT GO TO THIS FACILITY WILL BE OUR PUBLIC SAFETY PERSONNEL. THEY ARE GOING AT SHIFT CHANGES WHICH ARE, YOU KNOW, 5:00 A.M., 5:00 P.M.

SO THE SCHOOLS ARE DIFFERENT TIME OF DAY.

>> OKAY. THANK YOU.

THANK YOU. >> I AGREE WITH YOU.

[00:15:01]

IT IS A GREAT THING. >> IT IS.

>> DO I HEAR A MOTION TO APPROVE THIS VARIANCE?

>> SO MOVED. >> SECOND.

>> I HAVE A MOTION BY MR. MENDOZA TO APPROVE THE VARIANCE.

A SECOND BY MS. REBECCA. MS. STALEY.

SORRY ABOUT THAT. >> NO WORRIES.

GIVE IT TO HER. >> ALL THOSE IN FAVOR, SAY AYE.

>> AYE. >> ALL THOSE OPPOSED? SAME SIGN. VARIANCE PASSED.

THANK YOU, SIR. ALL RIGHT.

[3. Variance Request for Maximum Allowable Area of Wall Signage for Bail Bond 20 - 27 Hotline of Texas]

OUR NEXT ITEM IS THE THIRD ITEM. THE VARIANCE REQUEST FOR THE BAIL BONDS HOT LINE OF TEXAS. MAY I HAVE THE STAFF REPORT,

PLEASE? >> SO OUR THIRD ITEM ON THE AGENDA IS A VARIANCE REQUEST FOR BAIL BOND HOT LINE OF TEXAS.

LOCATED AT 101 NORTH MOODY STREET.

JESSE CARMONA IS THE PROPERTY OWNER.

MARK TAMEZ IS THE AGENT AND TENANT OF PROPERTY.

IT IS A MULTI-COMMERCIAL BUILDING.

BAIL BOND HOT LINE OF TEXAS IS THE TENANT CURRENTLY AT 101 NORTH MOODY STREET. 103 MOODY STREET IS CURRENTLY VACANT WITH NO BUSINESSES OPERATING OUT OF IT.

THE TENANT IS APPLYING FOR A VARIANCE TO SECTION 5--149-A1B AND C. IT STATES THAT THE COMBINED AREA FOR ALL WALL, ROOF, CANOPY AND PROJECTING SIGNS ON A BUILDING SHALL NOT EXCEED 30% OF THE AREA OF THE FRONT OF THE BUILDING.

IN MULTI-TENANT BUILDINGS ON A SINGLE LOT, THE WALL SIGN AREA ALOUD FOR EACH TENANT SPACE SHALL NOT EXCEED 30% OF EACH TENANT'S WALL AREA ON WHICH SIGNS ARE MOUNTED.

THE CURRENT SIGNAGE ON THE BUILDING AND TENANT SPACE AT 101 NORTH MOODY EXCEEDS THE AREA FOR WALL SIGNAGE.

NOW, OUR ORDINANCE DEFINE ASSIGN AS ANY OBJECT, DEVICE, DISPLAY, OR PART THEREOF VISIBLE FROM A PUBLIC STREET USED TO ADVERTISE A BUSINESS, PRODUCT, SERVICE OR ACTIVITY.

SO BY THIS DEFINITION, A SIGN IS NOT SOLELY DEFINED AS DISPLAYING A BUSINESS NAME BUT RATHER, ANYTHING CALLING ATTENTION TO THE BUSINESS. SIGNAGE LAWS ARE BASED ON REGULATING SIZE, MATERIAL, LOCATION, OR ANYTHING REGARDING THE FORM OF THE SIGN. SIGNS SHOULD NOT BE READ FOR CONTENT TO BE REGULATED. WE DID-- WE RELAYED U.S. SUPREME COURT CASE REID VS. TP TOWN OF GILBERT.

AND CITY OF AUSTIN VS. REAGAN NATIONAL ADVERTISING WHICH STATES A SIGN CODE MUST BE CONTENT-NEUTRAL.

ALL SIGNS SHOULD BE REGULATED BASED ON THE SAME REQUIREMENTS.

NOW, BAIL BOND HOT LINE OF TEXAS WISHES TO PLACE AN EIGHT-FOOT BY 12-FOOT SIGN ALONG THE WALL OF THEIR CURRENT-- OF THE BUILDING FACING WEST CONSTITUTION STREET IN ADDITION TO KEEPING ALL WALL SIGNAGE CURRENTLY ON THE BUILDING.

101 NORTH MOODY STREET, 30% ALLOWABLE IS APPROXIMATELY 53 SQUARE FEET. THE COMBINED WALL AND ROOF SIGNAGE IS CURRENTLY APPROXIMATELY 81 SQUARE FEET.

THE CURRENT SIGNAGE IS APPROXIMATELY OVER BY 28 SQUARE FEET CURRENTLY. THE TENANT IS NOW PROPOSING TO ADD AN ADDITIONAL 96 SQUARE FEET OF SIGNAGE, PROPOSING TO EXCEED THE ALLOWABLE SIGNAGE BY 124 SQUARE FEET.

THERE IS ALSO A BLANK FREESTANDING SIGN CURRENTLY ON FORECAST SITE ALLOWED UNDER THE SIGN CODE.

SO BAIL BOND HOT LINE OF TEXAS IS REQUESTING A VARIANCE TO ALLOW FOR THE APPROVAL OF THE SIGN PERMIT TO ERECT A WALL SIGN ON THE FACADE OF THE BUILDING EXCEEDING THE 30% ALLOWABLE AREA FOR COMBINED WALL SIGNAGE. STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST TO ALLOW FOR THE APPROVAL OF A SIGN PERMIT TO ALLOW FOR ADDITIONAL WALL SIGNAGE ON THE FACADE OF THE BUILDING. STAFF IS DETERMINED THAT THE SIGN IS INTENDED TO ATTRACT ATTENTION TO THE BUSINESS, MAKING IT A SIGN TO BE REGULATED BY THE SIGN ORDINANCE.

THE SIGN DOES NOT MEET THE INTENDED PURPOSE OF THE SIGN ORDINANCE TO PREVENT SIGNAGE FROM CREATING CONFUSION, UNSIGHTLINESS OR VISUAL OBSCURITY.

STAFF IS ALSO DETERMINED THAT IT WOULD BE DETRIMENTAL TO THE NEIGHBORING TENANT OF THE BUILDING FROM DEVELOPING AND BEING ABLE TO APPLY FOR THEIR OWN SIGN PERMIT AS IT WOULD BE DENIED BASED ON EXCEEDING MAXIMUM ALLOWABLE SIGNAGE.

THANK YOU. >> OKAY.

I WANT TO OPEN UP THE PUBLIC HEARING FIRST.

YOU WANT A QUESTION? >> I WANT A QUESTION.

>> I'M GOING TO OPEN UP FOR A PUBLIC HEARING.

THEN WE WILL HAVE FURTHER DISCUSSION.

WE WILL NOW OPEN UP TO A PUBLIC HEARING.

ANYONE WISHES TO SPEAK ON THIS ITEM, PLEASE COME FORWARD AT THIS TIME. PLEASE LIMIT YOURSELF TO THREE MINUTES, AND ALSO STATE YOUR NAME AND ADDRESS, PLEASE.

>> I MAY NOT BE ABLE TO DO THE THREE MINUTES.

WE WILL SEE HOW IT GOES. MARK TAMEZ, THE OWNER OF BAIL BOND OF TEXAS. GOOD EVENING, EVERYBODY.

FIRST OF ALL, I WOULD LIKE TO ADDRESS THAT I'M NOT CALLING

[00:20:02]

THIS-- I HAVE NEVER CALLED THIS A SIGN.

WHOEVER LOOKED AT MY APPLI APPLICATION, THERE IS NO RULE FOR THE ORDINANCE IN THE CITY OF VICTORIA.

THE ONLY WAY YOU CAN PUT SOMETHING ON A WALL IS TO GO ON TO THE SIGN ORDINANCE, WHICH I'M NOT CALLING THIS A SIGN.

LADIES AND GENTLEMEN, I'M A DISABLED VET.

I SERVED MY COUNTRY. THIS MURAL HAS NOTHING TO DO WITH MY BAIL BOND COMPANY. IT IS A FREEDOM OF MY SPEECH.

AND I HAVE CASE LAW AS WELL THAT SAYS THAT I HAVE THE RIGHT TO PUT UP FREEDOM OF SPEECH OF WHAT I WANT TO PUT UP.

IT HAS NOTHING TO DO WITH MY BAIL BOND BUSINESS.

AS FAR AS THE OVERAGE, THEY ARE GOING OFF OF OLD NUMBERS.

THE NEW NUMBERS, WHICH I HAVE, HERE-- MR. CARMONA HAS LEASED ME MORE PROPERTY. I'M FIXING TO EXPAND.

103 IS NOT OCCUPIED ANYMORE. I'M TAKING OVER 103.

WHEN MR. CARMONA ACTUALLY RETIRES, I'M GOING TO BE TAKING OVER THE BUILDING ANYWAY. THE SQUARE FOOTAGE NOW IS DIFFERENT. I AM STILL OVER.

I'M SORRY. 8.95 SQUARE FEET.

WHICH MR. CAR KNOW MA HAS AGREED-- HE SAID IF YOU WANT TEN MORE FEET, TAKE TEN MORE FEET. WHATEVER YOU WANT TO MAKE SURE YOU ARE UNDER YOUR 30%. STILL, I'M NOT CALLING IT A SIGN. I'M JUST ADDRESSING THE SIGN THAT IS ARE HERE NOW. NOW THAT TAKES CARE OF THAT PROBLEM. THEIR NUMBERS, AGAIN, ARE DIFFERENT THAN MINE. WE WILL SHOW THAT.

WHAT I WANT TO SAY IS THE SIGN THAT THEY SHOW UNDERSTOOD THERE, THAT I WANT TO PUT UP THERE HAS NOTHING TO DO WITH MY BAIL BOND COMPANY. AND I'M OPEN TO ANY QUESTIONS

THAT Y'ALL HAVE FOR ME. >> I MEAN, SO YOU TELL ME THAT YOU GOT THE WHOLE BUILDING NOW. DO YOU HAVE THE WHOLE BUILDING

NOW? >> NO, SIR.

>> MR. CARMONA IS STILL THERE. I HAVE TAKEN OVER-- I'M TAKING OVER PART OF THE FRONT OF HIS BUILDING.

AND THAT IS IN MY NEW LEASE. IF YOU SEE WHERE THE RED IS, YOU SEE WHERE THE END OF THE-- WHERE IT SAYS IN THE FRONT, IT SAYS BAIL BOND HOT LINE. THERE IS A FLAG POLE RIGHT THERE. GOING UP IN THE SKY.

WELL, ALL OF THAT IS WHERE THE ORIGINAL MEASUREMENT WAS.

WELL, ALL THAT RED, I PUT A BRAND NEW WINDOW THERE.

I LEASED THAT SPACE. AND NOW I'M GOING ACTUALLY, TO THE END OF THE WINDOW. TO WHERE MY NEW BUSINESS IS GOING TO BE EXPANDING MY BAIL BOND BUSINESS.

I'M GOING TO HAVE PLENTY OF ROOM.

I'M NOT WORRIED ABOUT THE SIGNAGE.

THE TWO SIGNS THEY ARE SPEAKING OF NOW.

THERE WILL BE PLENTY OF ROOM FOR THE 30%.

BUT AGAIN, THE SIGN THAT I'M ASKING TO BE PUT UP THERE, THE MURAL THAT I'M ASKING TO BE PUT UP THERE IS NOT A SIGN.

I ACTUALLY HAD AN ARTIST THAT WE WERE GOING TO HAVE A DRAWING PUT ON THERE THAT I SPOKE TO THE CITY ABOUT, AND THE ARTIST SUGGESTED BECAUSE OF THE ABLE O. BUILD-- BECAUSE OF THE AGE OF THE BUILDING AND THE TEXTURE, HE WOULD GO OVER THERE AND I WOULD SPEND $8,500 TO HAVE THIS MURAL PUT ON THE SIDE OF THE BUILDING AND REFERENCE TO MY FELLOW VETERANS, BROTHERS AND SISTERS.

THAT THE BUILDING WOULD CHIP OFF AND IT WOULD BE WORTHLESS.

WE DECIDED TO PUT IT ON AN ALUMINUM, THREE SHEETS OF ALUMINUM. AND THEN INSTALL IT ON THE SIDE OF THE BUILDING UNDER THERE. UNDER THE BIG SIGN.

AS THE PICTURE SHOWS. SO THAT IS WHAT THE MURAL WAS GOING TO BE. THAT WE HAD DISCUSSED TO PUT IT AT. BUT AGAIN, THE CITY OF VICTORIA DOES NOT HAVE A MURAL ORDINANCE LIKE MOST CITIES DO.

THTHE ONLY THING I EVER FOUND TT WAS IN THERE WAS-- I'M SORRY.

A MURAL THAT Y'ALL APPROVED TO HAVE SOME STUFF UNDER THERE.

BUT AGAIN, NOT ONLY MYSELF BUT ARTISTS AND EVERYBODY ELSE ARE REALLY LOOKING AT THIS TO SEE, YOU KNOW, THAT WE ARE CLASSIFYING THIS UNDER SIGN ORDINANCE.

BUT IT IS NOT A SIGN. WE HAVE NO OTHER CHOICE BECAUSE THERE IS NOWHERE ELSE TO APPLY. SO I HAD TO PAY NOT ONLY THE $190 BUT ANOTHER $100, I'M NOT SURE WHAT THAT WAS FOR.

$290 TO COME UP HERE TO FIGHT TO SAY THAT THIS IS NOT A SIGN.

IT IS A MURAL. >> ALL RIGHT.

>> THAT IS WHERE I'M AT. >> ALL RIGHT.

[00:25:01]

THANK YOU FOR YOUR TIME. >> YES.

>> THANK YOU FOR YOUR SERVICE, TOO, SIR.

>> THANK YOU. >> I APPRECIATE THAT.

>> I'LL GO AHEAD AND IT LOOKS LIKE NO ONE ELSE WOULD LIKE TO SPEAK ON THIS SUBJECT. WE WILL GO AHEAD AND CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION AND QUESTIONS FROM THE COMMISSIONERS?

>> YES. SO THE GENTLEMAN, AGAIN, THANK YOU FOR YOUR SERVICE. AS ONE MARINE AND COMBAT VETERAN MYSELF, A DISABLED VET, I UNDERSTAND.

BEFORE YOU GOT UP, I HAD A QUESTION.

I WANTED TO ASK YOU OR MAYBE THE ESQUIRE COULD ASK.

HE MENTIONED-- I WAS GOING TO ASK, WHERE DID MURALS FALL UNDER? BECAUSE WE DID THE CASES OF DEALING WITH SIGNS AND THINGS. WHEN YOU DEAL WITH A MURAL, IT IS A PAINTING. HOW DOES THAT-- HOW DOES THAT FOLLOW? I WOULD LIKE TO HEAR THE EXPLANATION FOR THAT IF YOU ARE ABLE TO.

>> YES. ABSOLUTELY.

WE DO NOT HAVE A MURAL ORDINANCE AT THE MOMENT.

WE CONSIDER MURALS ON BUSINESSES OR BUILDINGS UNDER OUR SIGN ORDINANCE. THAT IS THE SIMPLEST ANSWER.

>> JUST FYI, YOU KNOW, WE HAVE BEEN TALKING ABOUT THE UDO.

I'LL GIVE YOU AN UPDATE. IN THE DRAFT, UDO, THERE IS A PUBLIC ART COMPONENT THAT WOULD PULL OUT MURALS AND ALLOW-- RIGHT NOW, I HAVEN'T SEEN THE EXACT DRAFT LANGUAGE FROM OUR CONSULTANT. IT WOULD BE A SEPARATE PROCESS.

IT STILL WOULD REQUIRE AN APPROVAL PROCESS.

BUT IT WOULD BE AN APPROVAL PROCESS TO SAY THAT THAT MURAL IS NOT A SIGN. IT IS PUBLIC ART.

BUT IN THIS CASE, AND UNTIL THAT UDO PASSES, ALL MURALS ARE PAINTED-ON WALL SIGNS. A GOOD EXAMPLE.

LOVE YOU TO PEACHES IN DOWNTOWN. EVEN THOUGH SOME SAY THAT IS A MURAL. IT IS PAINTED ON THE BUILDING.

IT GOT A SIGN PERMIT. MET THE SIGN CODE.

THE MEN RAPPELING OFF THE BUILDING, GOT A SIGN PERMIT.

MEETS THE SIGN CODE. IT IS ABOUT THE SIZE REQUIREMENTS. WHAT IS THE WE REGULATE.

NOT WHAT IT SAYS. ALTHOUGH IT IS VETERAN-OWNED.

THAT DOES LEAD YOU TO THINK ABOUT BEING A BUSINESS.

THAT WOULD BE STRICTLY ABOUT THE SQUARE FOOTAGE.

IF HE HAS ADDITIONAL NUMBERS OR DIFFERENT NUMBERS AND WE ARE LOOKING AT A DIFFERENCE OF EIGHT SQUARE FEET, MAYBE SOME OTHER PART OF THE SIGNAGE COULD BE REDUCED ON OR IT COULD BE REDUCED BY EIGHT FEET AND WE COULD ISSUE A PERMIT TOMORROW

FOR THOSE NUMBERS. >> IS IT OKAY IF YOU PUT THE PICTURE BACK UP OF THE MURAL? SIR? AND SO MY STATEMENT IS, IN LISTENING TO IT, IS IT IN WRITING, IN THE ORDINANCE THAT MURALS-- FORGIVE ME.

IT IS A TONGUE-TIER FOR ME. DOES IT FALL UNDER SIGNAGE? IT IS IN WRITING IN THE ORDINANCE?

>> OUR ORDINANCE DOESN'T SAY ANYTHING ABOUT MURALS.

IT JUST SAYS THAT ANYTHING ATTRACTING ATTENTION TO A BUSINESS IN ANY METHOD, IT IS VERY BROAD, IS A SIGN.

>> THE REASON WHY I MAKE THAT-- I'M SORRY.

ONE MORE THING. WHEN WE LOOK AT THE PICTURE, AND IT IS ONE WHERE IT IS NOT PROMOTING THE BUSINESS.

THE BUSINESS ITSELF. FOR ME, I'M BEING-- THE ARTICULATION OF THE LETTER. IF IT WAS IN THE ORDINANCE, I TOTALLY AGREE WITH THE ORDINANCE.

THAT WAS THE ARTIST. IT SEEMS LIKE THE EXPRESSIONARY THING. IT IS NOT A PERMIT OF WHAT IT IS. WHENEVER THE NEW ORDINANCE COMES OUT, I UNDERSTAND BECAUSE IT IS IN WRITING NOW.

AND IT IS STATED. RIGHT NOW, IT FEELS LIKE IT IS DISCRETIONARY. THAT IS THE BEST WAY TO STATE.

>> IT WAS WRITTEN WITH THE INTENT TO --

>> YEAH. I DON'T BELIEVE THAT IS ENTIRELY CORRECT. IT IS NOT DISCRETIONARY.

WE DO TREAT ALL MURAL ART, WALL ART AS YOU ARE DESCRIBING IT, AS SIGNS ACROSS THE BOARD. IT IS NOT THAT THE DEPARTMENT IS PICKING AND CHOOSING WHICH WALL ART, SO TO SPEAK, WHETHER YOU WANT TO CALL IT A MURAL, WHATEVER YOU WANT TO CALL IT.

WHICH ONES APPLY AND THEY TREAT THAT THE SAME ACROSS THE BOARD.

>> MY STATEMENT AGAIN, AND ESQUIRE, IN THE ORDINANCE, DOES IT MENTION WALL ART? DOES IT MENTION MURAL?

>> THE ORDINANCE IS FOR SIGNS. >> IT JUST MENTIONS SIGNS.

RIGHT? >> YES.

>> THANK YOU. >> I'M CURIOUS ABOUT SOMETHING JULIE SAID. I THINK I HEARD YOU SAY IF YOU PAINT YOUR BUILDING RED, IT IS A SIGN?

>> NO. I BELIEVE THE SIGN ORDINANCE IS PROBABLY BROAD ENOUGH THAT IT IS KIND OF GETTING TO-- YOU COULD INTERPRET IT THAT WAY. WE HAVE INTERPRETED IT TO ANYTHING THAT IS NOT ACTUALLY PART OF THE BUILDING.

SO A BUILDING HAS WINDOWS. AND YOU KNOW, LIGHTS AND PAINT.

AND A ROOF. IF IT IS PART OF THE BUILDING, IT IS NOT A SIGN. IT IS WHEN YOU AFD ATTENTION-- ADD ATTENTION. AN AWNING CAN BE A SIGN.

ROOF SIGN. PAINTING.

[00:30:01]

PAINTING GRAPHICS ON A BUILDING IS A SIGN.

THAT IS WHERE WE REGULATE HOW IT IS ATTACHED TO THE BUILDING, THE SIZE, THE LOCATION BUT NOT WHAT IT SAYS.

>> I SEE. A LOT GOES INTO IT.

THANK YOU. >> SIGN ORDINANCES ARE FUN.

>> YEAH. I ACTUALLY WAS ON THAT.

ON THAT COMMITTEE. I HAVE A QUESTION.

YOU ARE SAYING-- LET'S PRETEND LIKE HE IS ACTUALLY PAINTING IT.

AND YOU JUST SAID THAT YOU CAN PAINT A BUILDING.

IF YOU PAINT THE BUILDING IN SUCH A MANNER AS TO ATTRACT ATTENTION, AT THAT POINT, IT BECOMES A SIGN.

>> YES. >> AND RED DOESN'T DO THAT.

>> NO. >> AND THAT IS WHERE THE GRAY AREA IS. BECAUSE LIKE IF I PAINT A BUILDING, AND I GUESS BEING A MARKETING PROFESSOR, IF I PAINT A BUILDING LIME GREEN, IT IS GOING TO CAUSE ATTENTION.

IF I PAINT IT LIME GREEN, WOULD THAT BE CONSIDERED A SIGN? BECAUSE IT IS DRAWING ATTENTION TO MY BUSINESS?

>> AND DOES IT TAKE PART OF THE PERCENTAGE THAT YOU TALKED ABOUT? IS THIS RED? DOES THAT COUNT IT AS A PERCENTAGE?

I'M JUST CONFUSED. >> WELL, I THINK IT WOULD BE PAINTED TO ATTRACT ATTENTION. SO ANY KIND OF GRAPHIC.

I MEAN, PAINT IS STILL PART OF A BUILDING.

>> SURE. >> YOU HAVE TO HAVE PAINT ON A

BUILDING. >> WHEN YOU ADD GRAPHICS TO ATTRACT ATTENTION FOR YOUR BUSINESS, I THINK THAT IS THE

WORDING THEY WERE GOING FOR. >> SO WE ARE LEFT AGAIN WITH

INTERPRETATION. >> YES.

>> YOU SEE. THAT IS ISSUE.

THE INTERPRETATION. BECAUSE IT IS THE GRAY AREA.

IF I PAINT ON MY WALL, RIGHT? AND THEN IF YOU LOOK AT THE SPECIFICATION OF WHAT THE ORDINANCE IS SAYING, AND YOU SEE VETERAN-OWNED. YOU LOOK AT THAT AND SAY THAT CAN BE A COMPONENT. I'M JUST PUTTING IT OUT THERE.

>> WE HAVE BEEN VERY CONSISTENT. I THINK THE MEN RAPPELING OFF OF THE BUILDING IS A PERFECT EXAMPLE.

IT DOESN'T REALLY SPEAK TO ANY USE ON THE BUILDING.

IT WAS VERY MUCH TREATED AS A SIGN AND RECEIVED A SIGN PERMIT.

ALLOWABLE SQUARE FOOTAGE. YOU KNOW, IF WE HAVE ADDITIONAL NUMBERS, AND YOU KNOW, IT IS EIGHT SQUARE FEET.

WE MIGHT BE ABLE TO REDUCE IT BY EIGHT SQUARE FEET.

THIS OR OTHER SIGNAGE ON THE BUILDING.

WE CAN GET YOUR PERMIT TOMORROW. >> I WOULD LIKE TO SAY --

>> IT IS NOT THE CON PENT. >> I HEARD SOMETHING.

IT SOUNDS LIKE THERE IS SOME NEW THINGS CAME UP SINCE THIS ALL.

IT SOUNDS LIKE YOU GOT SOME MORE SQUARE FOOTAGE.

SEE? MY THOUGHT IS, WELL, LET'S TAKE SOME SIGNS DOWN. WHATEVER.

YOU KNOW, I THINK-- I SUPPORT THE VETERANS.

I SUPPORT THE CITY ORDINANCE, TOO, UNTIL IT GETS CHANGED.

I SUPPORT-- IF YOU ARE TELLING ME-- THIS IS JUST ME TALKING.

IF YOU HAVE M MORE INFORMATION O GIVE TO THE PLANNING-- TO OUR PLANNING DEPARTMENT, WE MAY BE TALKING ABOUT MOOT POINT.

BECAUSE YOU ARE WITHIN THE ORDINANCE.

I DON'T KNOW THAT. >> YES, SIR.

>> I'M TRYING TO UNDERSTAND. >> AND AGAIN, I APOLOGIZE BECAUSE THERE IS-- ME AND MR. CARMONA CAME TO AN AGREEMENT AFTER ALL OF THIS. I HAVE UNLIMITED SPACE.

THAT IS NOT GOING TO COME INTO THE ISSUE.

THERE IS TWO ISSUES. >> OKAY.

>> Y'ALL ARE SAYING THAT I'M OVER.

I'M NOT WORRIED ABOUT. THAT I HAVE PLENTY OF SPACE TO COVER THAT. THE MURAL.

YOU ARE TRYING TO PUT THAT INTO THE SIGN PART.

THAT HAS NOTHING TO DO WITH THE SIGN.

IT IS NOT A SIGN. Y'ALL CAN CALL IT ALL YOU WANT.

YOU ARE TELLING ME THAT I WENT OVER THERE, AND I-- A NAVY ME MEDIC-- YOU ARE TELLING ME I CANNOT PUT THAT SIGN UP FOR MY BROTHERS AND SISTERS. THAT IS WHERE I'M HAVING AN ISSUE. IT IS NOT A SIGN FOR THEM TO SAY "OH, COME AND USE MY BAIL BOND COMPANY." IT HAS NOTHING TO DO WITH THAT. I MAN THE SUICIDE HOT LINE FOR VETERANS. I DO ALL KINDS OF STUFF FOR VETERANS. IT HAS NOTHING TO DO WITH THAT.

THAT IS MY RIGHT. TO PUT THAT UP THERE.

ON MY BUILDING. THAT IS WHAT I FEEL.

THAT IS MY RIGHT. HAS NOTHING TO DO WITH MY BAIL BOND BUSINESS. I HAVE OTHER BUSINESSES.

I DON'T HAVE SIGNS ON THEM. I CHOOSE TO DO IT BECAUSE WHEN THEY COME OVER THAT HILL, COMING DOWN FROM VICTORIA, THEY COME INTO VICTORIA, THEY ARE GOING TO SEE THAT SIGN RIGHT THERE.

THAT IS WHY I WANT IT UP THERE. >> ALL RIGHT.

>> WE ARE GOING TO TAKE-- THEY MAY COME AND TAKE A PICTURE OF IT. I DON'T KNOW WHAT THEY ARE GOING TO DO. I WANT THEM TO KNOW THAT WE APPRECIATE IT. WE APPRECIATE WHAT THEY DID.

THAT IS NOT THE ONLY THING THAT I DO.

FOR MY FELLOW BROTHERS AND SISTERS.

THAT IS WHAT I WANT TO SAY. >> I WOULD LIKE TO SAY SOMETHING. IF I'M HEARING CORRECTLY, THE DATA THAT IS PRESENTED HERE IN THIS VARIANCE HAS CHANGED NOW.

BACK TO YOUR POINT. WHETHER WE CALL IT A SIGN OR MURAL, IT LOOKS LIKE THIS MAY WORK OUT WITH THE NEW INFORMATION. MR. TAMEZ HAS BROUGHT.

AS FAR AS THE ALLOWABLE OR REQUIRED SQUARE FOOTAGE TYPE

[00:35:03]

THING. TO ME, AS THE VARIANCE IS PRESENTED HERE TO US, THAT WAS SUBMITTED, THAT IS DIFFERENT FROM WHAT YOU ARE SAYING. YOU GOT NEW STUFF.

>> YES. >> OKAY.

>> I DON'T THINK WE CAN VOTE -- >> WE CAN STILL VOTE ON IT.

SHE HAD A STATEMENT. >> I DO.

(INAUDIBLE) (INAUDIBLE). >> SO FOR ME, MY UNDERSTANDING, THE ARGUMENT IS NOT ABOUT-- WITH HIM, IT IS NOT ABOUT THE SIGN.

IT IS ABOUT THE MURAL BEING COMPARED TO BE A SIGN.

I ACTUALLY HAVE A QUESTION. AND THIS IS MY THING THAT I THROW OFF. MAYBE I'M BEING ANGEL'S ADVOCATE. WHEN I READ THE WORD "VETERAN-OWNED," WHAT IS THAT SPECIFICALLY TALKING ABOUT?

>> WELL, THE PART ON THE VETERAN-OWNED VETERAN-PROUD IS SOMETHING THAT WE ALWAYS SAY. EVERYBODY, YOU KNOW, THINGS THAT I DO. THINGS THAT WE DO.

IF THAT BOTHERS Y'ALL, THEN I'LL TAKE THAT OFF OF THERE.

>> THE REASON WHY I ASK THAT IS CAN YOU SEE HOW SOMEONE WOULD SEE THAT AND EQUATE THAT DEALING WITH THE BUSINESS THAT IS

ATTACHED TO? >> I COMPLETELY UNDERSTAND, MR. HUNT. AND AGAIN, IF THAT IS BOTHERSOME AND NOW THAT YOU BROUGHT THAT UP, I DO UNDERSTAND THAT.

I CAN HAVE THAT REMOVED. I DON'T WANT TO.

BUT I WILL TO MAKE EVERYBODY HAPPY.

>> OH. I THINK THAT ONE POSSIBLE SOLUTION AT THE MOMENT MIGHT BE IF Y'ALL WOULD LIKE TO TABLE THIS ITEM SO YOU DON'T HAVE TO VOTE ON IT.

YOU CAN TABLE IT TO THE NEXT MEETING.

OR SOMETIME IN THE FUTURE. AND ALLOW STAFF TO HAVE THE TIME-- YOU DON'T HAVE TO SAY YES OR NO RIGHT NOW.

IF THERE IS NEW INFORMATION, AS HAS BEEN INDICATED, ALLOW STAFF A CHANCE TO GATHER THAT INFORMATION FROM-- YEAH.

THAT IS KIND OF WHERE Y'ALL ARE LEANING RIGHT NOW.

YOU CAN DO THAT. >> ESPECIALLY AS WE ARE GETTING INTO READING A SIGN WHICH IS WHAT WE DON'T DO.

>> YEAH. >> FIRST OF ALL, WE ARE NOT THE

POLICY MAKERS HERE. >> RIGHT.

JUST SO YOU KNOW THAT. >> I UNDERSTAND THAT.

>> I GOT THE ORDINANCE HERE. >> AND I HAD THE SAME ONE, SIR.

I COMPLETELY UNDERSTAND THAT. >> THAT IS WHERE WE ARE AT.

I KNOW EXACTLY WHERE YOU ARE GOING WITH THAT.

>> I UNDERSTAND THAT. THE ONLY THING THAT I WOULD LIKE TO DO IS WE SHOWED THE OTHER PICTURE, THE FRONT.

PLEASE. IF YOU SEE WHERE THE RED ENDS, THAT RED, WHEN I FINISH DOING WHAT ME AND MR. CARMONA ARE DOING, IS GOING TO BE ALL THE WAY TO THE END.

I DON'T EVEN KNOW. I'M NOT EVEN INCLUDING THE MURAL INTO THE SQUARE FOOTAGE. I'M TALKING ABOUT THEY ARE SAYING I'M OVER SO MANY FEET RIGHT NOW.

WHICH WILL GIVE ME PLENTY OF FEET.

HE SAID TAKE THE WHOLE FRONT. BECAUSE MR. CARMONA HAS HIS TINY SIGN ON THE SIDE WHICH IS HIS.

IT IS LIKE A THREE BY WHATEVER. I WOULD HAVE PLENTY OF ROOM.

YOU KNOW WHAT? I'M NOT TRYING TO DO THAT.

I'M TRYING TO LET-- REALLY TO BE HONEST, THE ROAD I'M GOING DOWN, I THINK MAYBE AT THIS POINT, SOMEHOW, SOME WAY, THERE MAY BE AN ORDINANCE THAT BLOSSOMS OUT OF HERE FOR MURALS AND FOR ARTISTS. I DON'T KNOW.

MAYBE THAT WOULD HELP OUT THE CITY.

BUT RIGHT NOW WITH OUR ISSUE RIGHT NOW, IS THE SQUARE FOOTAGE. THAT IS WHAT I WILL TAKE CARE

OF. >> YOU WANT TO MOVE TO TABLE IT?

>> YES. >> I'LL MOVE TO TABLE THE MOTION

UNTIL THE NEXT MEETING? >> I'LL SECOND.

>> OKAY. WELL, WE HAVE A MOVE TO TABLE THIS ITEM TO THE NEXT MEETING. BY MS. STALEY.

AND A SECOND BY MS. REBECCA SPEARS.

ALL THOSE IN FAVOR, SAY AYE. >> AYE.

>> ALL THOSE OPPOSED, SAME SIGN. THIS VARIANCE IS TABLED UNTIL THE NEXT MEETING. Y'ALL WILL GET SOME MORE CLARITY

THERE. >> THANK FOR YOUR TIME.

THANK YOU SO MUCH. >> MORE CLARITY.

[D. CONSENT AGENDA:]

>> THANK YOU. >> ALL RIGHT? NOW, NEXT THING ON THE AGENDA IS THE CONSENT AGENDA.

[00:40:01]

WE HAVE TWO ITEMS ON THE CONSENT AGENDA WHICH ARE THE MEETING MINUTES AND THE FINAL PLAT FOR THE SANDOVAL SUBDIVISION.

ANY MOTIONS OR ACTIONS? >> MOTION TO APPROVE.

>> SECOND. >> ALL RIGHT.

WE HAVE A MOTION TO APPROVE AND A SECOND BY MR. BROWN.

ALL THOSE IN FAVOR, SAY AYE. >> AYE.

>> ALL THOSE OPPOSED, SAME SIGN. CONSENT AGENDA PASSES.

[E. OTHER BUSINESS:]

NEXT ITEM IS OTHER BUSINESS. MONTHLY DEVELOPMENT.

>> SO WITHIN THE MONTH OF SEPTEMBER, 2023, THE CITY OF VICTORIA PROCESSED A TOTAL OF 147 PERMITS AS WELL AS TOTAL OF 183 OVERALL COMBINED MAP PERMITS.

WHEREAS LAST YEAR IN SEPTEMBER, 2022, THE CITY OF V VICTORIA BLOCKER TO YEAH PROCESSED 133 PERMITS AS WELL AS 184 OVERALL COMBINED MEP PERMITS. WITHIN THE MONTH OF SEPTEMBER, 2023, THE CITY OF VICTORIA COLLECTED APPROXIMATELY 8 $8 0RBGS 700 IN PERMIT FEES. LAST YEAR IN SEPTEMBER OF 2022, THE CITY COLLECTED $48,500 IN PERMIT FEES.

WE DID HAVE AN INCREASE FROM LAST YEAR TO THIS YEAR.

ALSO WITHIN THE MONTH OF SEPTEMBER, 2023, LAST MONTH, THE DEVELOPMENT SERVICES DEPARTMENT PROCESSED THREE MINOR PLATS.

ONE MAJOR PLAT. THREE SITE PLANS, AND CITY COUNCIL ACTION APPROVED TWO VARIANCES.

THANK YOU. >> THANK YOU VERY MUCH.

YOU HAVE THE UDO UPDATE? >> YES.

SO THE LAST UPDATE. WELL, NOT REALLY.

AT THE END OF THE WEEK, THE CONSULTANTS SHOULD BE PROVIDING WITH US A PUBLIC DRAFT WHICH THEN I WILL SEND TO YOU ALL.

YOU KNOW, BUILDERS IN TOWN. ENGINEERS IN TOWN.

CITY COUNCIL. EVERYONE WILL HOPEFULLY TAKE A CHANCE TO READ IT AND GO THROUGH IT.

AT EITHER THE NEXT MEETING OR WE ARE GOING TO HAVE A SPECIAL PLANNING COMMISSION MEETING MAYBE AT THE END OF NOVEMBER, I WILL HAVE A POWER POINT THAT WILL ACTUALLY GO THROUGH THE ENTIRE ORDINANCE AND DISCUSS SIGNIFICANT CHANGES.

NOT JUST MINOR LITTLE THINGS. THE SIGNIFICANT CHANGES.

AND THEN WE WILL BE ASKING YOU TO MAKE A RECOMMENDATION TO COUNCIL TO APPROVE THE ORDINANCE.

AT THE SPECIAL MEETING AT THE END OF NOVEMBER AND THEN IT IS PLANNED TO GO TO COUNCIL FOR CONSIDERATION AT THE FIRST MEETING IN DECEMBER. APPROVAL, FINAL APPROVAL BECAUSE ORDINANCES TAKE THREE READINGS. SECOND AND THIRD READING OF THE SECOND MEETING IN DECEMBER WITH AN EFFECTIVE DATE OF JANUARY 1.

SO I KNOW WE HAVE BEEN TALKING ABOUT THIS A LONG TIME.

THERE IS A LOT OF CHANGES THAT ARE NOT REALLY SUBSTANTIAL CHANGES. BUT WILL BENEFIT OUR STAFF GREATLY. THERE IS A LOT OF PROCEDURES AND POLICIES THAT-- I USE THIS AS A PERFECT EXAMPLE.

AN EXAMPLE OF THE SHAKEOFF AREA. SO WE HAVE A STORM WATER PREVENTION POLLUTION MATTER PLAN THAT SAYS BUSINESSES CANNOT DRAG GRAVEL INTO THE STREETS. INTERNALLY, WHEN WE REVIEW SITE PLANS, WE REQUIRE THEM TO INSTALL 100 BY 100 SHAKEOFF AREA ATTACHED TO THE DRIVEWAY SO TRUCKS CAN GO THROUGH THAT ON SITE AND SHAKE OFF THE GRAVEL. SO THAT IS NOT CODIFIED IN THE PARKING ORDINANCE OR IN THE LOADING ORDINANCE OF OUR CURRENT DEVELOPMENT ORDINANCE. THE RULE-MAKING FOR THAT IS IN A STORM WATER PREVENTION MASTER PLAN.

AND SO WHEN I SAY THERE IS A LOT OF CHANGES, THERE IS A LOT OF CHANGES TO THE ORDINANCE THAT MAKE IT EXPLICIT.

POLICIES AND THINGS THAT WE HAVE BEEN IMPLEMENTING FOR A VERY LONG TIME. IT WON'T BE A SURPRISE TO ANYONE. THEY ARE NOW BEING EXPLICITLY STATED IN THE DEVELOPMENT ORDINANCE TO MAKE IT A LOT EASIER FOR OUT-OF-TOWN DEVELOPERS, PEOPLE THAT DON'T CONTINUALLY DO BUSINESS WITH US. TO KNOW AND NOT BE SURPRISED WHEN THEY GET A RED LINE SITE PLAN BACK THAT SAYS, YOU KNOW, YOU HAVE TO PUT A SHAKEOFF AREA. WITH THAT, I'M GOING TO GO OVER THIS LAST SECTION THAT WE HAVE BEEN TACKLING.

THIS IS FROM THE STEERING COMMITTEE MEETING WE HAD.

EARLIER THIS WEEK. AND SO YOU HAVE AN IDEA.

LIKE I SAID, BY THE END OF THE WEEK, WE SHOULD HAVE THE DRAFT DELIVERED. SO THIS WEEKEND WILL BE VERY BUSY FOR ME TO READ THROUGH AND MAKE SURE IT IS READY AND HOPEFULLY, WE WILL HAVE THAT PUBLISHED AND BLAST IT OUT TO EVERYBODY TO READ AND DIGEST AND BE ABLE TO ASK QUESTIONS ON AT

THE BEGINNING OF NEXT WEEK. >> 400 PAGES?

>> NOT QUITE THAT MUCH, I DON'T THINK.

I HAVEN'T COUNTED THEM. IT IS ABOUT THAT THICK FRONT AND

[00:45:01]

BACK. IT IS NOT TOO SUBSTANTIALLY LARGER THAN OUR CURRENT ORDINANCE IS.

AND WE HAVE, OF COURSE, PROCEDURES-- AGAIN, A SECTION THAT IS GOING TO HAVE A LOT OF CHANGES.

BECAUSE, YOU KNOW, THERE IS A LOT OF INTERNAL PROCEDURES AND HOW WE PROCESS APPLICATIONS. IT IS NOT WRITTEN IN THE ORDINANCE. YOU KNOW, THE ORDINANCE IS VERY VAGUE. WE WILL KEEP SOME VAGUENESS WHEN IT IS APPROPRIATE. LIKE, WE WILL HAVE FEES IN OUR CHAPTER 24. IT IS SOMETIMES APPROPRIATE TO HAVE FLEXIBILITY. TIME FRAMES THAT ALIGN WITH STATE LAW, SINCE-- ON PLATS THAT HAVE CHANGED GREATLY OVER THE LAST 30 YEARS. SINCE OUR CURRENT ORDINANCE IS IN PLACE WILL NOW BE REFLECTED IN PROCEDURES.

A LOT OF THINGS THAT WE ARE DOING WILL BE ACTUALLY WRITTEN AND CODIFIED. AND THEN DISCUSS SOME CHANGES IN DEVELOPMENT STANDARDS AND THEN JUST TO-- JUST A FEW OTHER CHANGES. YOU CAN SEE WE ARE IN THE HOME STRETCH. A LOT OF THE CODE IS GOING TO BE VERY SIMILAR. WE WILL-- I WILL BE GOING-- HAVING MEETINGS WITH THE DEVELOPERS, BUILDERS.

YOU ALL AND DEFINITELY MAKE SURE THAT EVERYBODY KNOWS WHAT THOSE CHANGES ARE. AND GO THROUGH EACH SECTION OF-- I WON'T BE LINE BY LINE. IT WILL DEFINITELY BE, YOU KNOW, FOR EXAMPLE, OUR RESIDENTIAL SINGLE-FAMILY LOT SIDESES ARE GOING FROM 6,000 SQUARE FEET TO 5,000 SQUARE FEET.

A PRESENTATION AND BULLET POINTS THAT HIGHLIGHT THOSE CHANGES.

THIS IS MORE FOR THE SUBCOMMITTEE.

THE WORKING DRAFT THAT THEY HAVE IS FILLED WITH ERRORS.

THE PUBLIC DRAFT THAT IS GETTING PUBLISHED NEXT WEEK WILL NOT HAVE ALL OF THOSE ERRORS. SO ONE CHANGE THAT WE DISCUSSED WITH THE SUBCOMMITTEE IS PRIVATE UTILITIES.

RIGHT NOW, THE ORDINANCE IS VERY SILENT ON A LOT OF PRIVATE UTILITIES. ONE CHANGE IS CURRENTLY, WITHIN A SUBDIVISION, ELECTRIC MUST BE UNDERGROUND BUT PERIMETER LINES DO NOT HAVE TO BE BURIED. WITH THE NEW ORDINANCE, PERIMETER LINES TO A SUBDIVISION WILL HAVE TO BE BURIED.

IF THEY ARE NOT EXISTING. IF YOU ARE INSTALLING TO THE SUBDIVISION, IF YOU ARE TAKING POWER OFF OF EXISTING UTILITIES, THEN THEY DON'T HAVE TO BE BURIED.

AGAIN, BURIED WITHIN THE SUBDIVISION.

>> YOU ARE-- IF YOU ARE HAVING TO EXTEND THOSE PERIMETER LINES, THOSE LINES HAVE TO BE UNDERGROUND.

THAT IS REALLY FOR RESILIENCY. HOW MANY OF US WENT WEEKS WITHOUT POWER AFTER HURRICANE HARVEY? THE MORE WE CAN GET UNDERGROUND MEANS THE LESS PEOPLE ARE OUT OF POWER WHEN WE HAVE THOSE SORTS OF NATURAL DISASTERS.

OF COURSE, THERE IS AN EXEMPTION FOR TRANSMISSION LINES.

>> JULIE, MAYBE IT IS LATE IN THE EVENING.

IF I WANT TO PUT A SHE-SHED UP, THAT WOULD FALL UNDER MAKING

SURE THAT, LIKE, THE LINES -- >> THAT IS ALREADY IN THE

ORDINANCE. >> OKAY.

>> WE ARE TALKING ABOUT FOR THE BIG SUBDIVISION.

THE ACTUAL PERIMETER LINES. WITHIN A SUBDIVISION AND COMMERCIAL, THAT IS ALREADY-- THAT HAS TO BE UNDERGROUND.

WE ALSO HAVE THIS LICENSE TO ENCROACH MECHANISM THAT IS ALREADY IN PLACE. WHENEVER YOU ARE SEEING A LOTS, WE USE A LOT DOWNTOWN. YOU SEE SOME NEW PROJECTING SIGNS THAT GO UP. OR SOMEONE REPLACES AN AWNING OR IF THEY HAVE TO HAVE AN EXIT DOOR THAT SWINGS OUTWARD INTO THE SIDEWALK AND THE RIGHT-OF-WAY.

WE HAVE A LICENSE TO ENCROACH FORM THAT PEOPLE FILL OUT AND GETS APPROVED. THIS IS JUST CODIFYING IT.

AND LETTING PEOPLE KNOW, HEY, WE HAVE THIS PROCESS.

YOU KNOW, WHEN A BUSINESS WANTS TO, YOU KNOW, SAY THEY ARE PLANNING A NIGHTCLUB IN DOWNTOWN AND THEY DON'T KNOW THAT WE HAVE THIS LICENSE TO ENCROACH, THEN THEY MAY DO A LOT OF UNNECESSARY PLANNING TO NOT HAVE, YOU KNOW, AN EXIT DOOR.

AN EMERGENCY EXIT ONLY DOOR SWINGING OUT OR SOMETHING.

NOT KNOWING THAT WE HAVE THIS MECHANISM IN PLACE.

WE ARE PUTTING THAT INTO THE ORDINANCE.

THE PROCEDURES. WE ARE NOT REALLY CHANGING THE ADMINISTRATIVE-- HOW WE ACTUALLY PROCESS PLATS.

BECAUSE WE COMPLY WITH THE STATE LAW SHOT CLOCK.

VERY WELL. I'M GOING TO BRAG ON US.

I THINK WE ARE ONE OF THE BEST CITIES IN THE ENTIRE STATE.

WE ALWAYS HOLD TO THAT 30 DAYS. WE NEVER HAVE THINGS, OOPS, ADMINISTRATIVELY. AND IN FACT, THE ONLY TIME WE HAVE HAD SOMETHING ADMINISTRATIVELY APPROVED, IT WAS THE MARCH, 2020 PLANNING COMMISSION MEETING FOR COVID.

WE SAID, THEY CAN'T MEET, SO THEY CAN'T APPROVE THE PLAT.

WE WILL ACKNOWLEDGE THAT WE MISSED THE DEADLINE.

THEREFORE, YOUR PLAT WAS APPROVED.

IT WAS EVEN THEN A VERY INTENTIONAL TIME.

THE ONLY TIME WE ACTUALLY DID MISS THE DEADLINE.

WE ARE MAKING SURE THAT THOSE PROCEDURES THAT WE CURRENTLY DO, THAT NEED TO BE WRITTEN IN THE ORDINANCE ARE GOING TO BE

[00:50:02]

WRITTEN IN THE ORDINANCE. THE PROCEDURE SECTION WILL LOOK VERY BRIEFED UP COMPARED TO OUR CURRENT ORDINANCE.

OUR CURRENT ORDINANCE PROCEDURES HIGHLIGHTS VARIANCES AND NOTIFICATION. IT DOESN'T TALK A LOT ABOUT HOW YOU MAKE AN APPLICATION OR ANYTHING.

IT IS VERY SILENT ON A LOT OF THOSE THINGS.

SO WE HAVE THESE PROCEDURES ESTABLISHED, AND WE ARE GOING TO WRITE WHAT NEEDS TO BE WRITTEN INTO CODE.

ONE BIG CHANGE ON THE PROCEDURES.

WHICH I THINK I AM GOING THE WRONG WAY.

I DON'T KNOW HOW TO GET BACK. >> IT IS OVER.

>> I DON'T KNOW. >> GOOD JOB.

THAT WAS A GREAT MEETING. (LAUGHTER).

>> SORRY. OKAY.

WELL, THE ONE THING-- THE ONE PROCEDURE I DID WANT TO HIGHLIGHT IS SOME OF OUR AUTHORITY IS BEING TAKEN UNDER THE ZONING CHAPTER. ALTHOUGH WE ARE NOT ADOPTING A ZONING MAP OR ZONING CHANGES. THE CREATION OF NEIGHBORHOOD CONSERVATION DISTRICTS, WHICH I WILL TALK ABOUT AND SOME OTHER THINGS. THAT DOES COME UNDER THAT AUTHORITY. SO WITH THAT STATE LAW, IT SAYS THAT WHEN YOU MAKE AN AMENDMENT TO YOUR ORDINANCE, WE HAVE TO NOTIFY, AND IT WILL COME TO PLANNING COMMISSION.

SOMETIMES IF WE MAKE A SMALL AMENDMENT, IT GOES STRAIGHT TO CITY COUNCIL. WITH THIS NEW PROCEDURE, THE PLANNING COMMISSION WON'T BE PUBLISHING IN THE PAPER.

THE PLANNING COMMISSION WILL BE SEEING EVERY TEXT AMENDMENT TO THIS CHAPTER MOVING FORWARD. SO THAT IS-- BACK TO WHERE I'M SUPPOSED TO BE. YES.

THAT WAS THE TEXT AMENDMENT. AND THEN ON ANNEXATION, WE ARE-- THIS IS A SUBSTANTIAL CHANGE. SO WE ARE REQUESTING-- REQUIRING THAT IF YOU ARE DEVELOPING OUTSIDE OF THE CITY LIMITS, AND ARE REQUESTING CITY UTILITIES, THAT REQUEST HAS TO FOLLOW WITH A REQUEST FOR ANNEXATION. SO BOTH OF THOSE REQUESTS, REQUESTS FOR UTILITIES AND REQUESTS FOR ANNEXATION COME AT THE SAME TIME. AT THAT TIME, THE CITY COUNCIL CAN SAY YES, WE ARE GOING TO GIVE YOU UTILITIES.

BUT WE ARE NOT GOING TO ANNEX YOU.

YOU KNOW, IT DOESN'T GUARANTEE THAT YOU ARE GOING TO RECEIVE UTILITIES OR REQUIRE THAT WE ARE ACTUALLY GOING TO ANNEX YOU.

THOSE REQUESTS HAVE TO COME. SO WE CAN MAKE SURE THAT THERE IS THE ORDERLY DEVELOPMENT OF LAND.

OF COURSE, THAT IS THE WHOLE POINT OF ALL OF THE UDO.

SITE PLAN SUBMITTAL IS A PERFECT EXAMPLE OF WHERE WE DON'T HAVE IT ACTUALLY CODIFIED. WE DO HAVE THIS FLOW CHART THAT WE USE, SO THEY ARE TAKING THIS FLOW CHART THAT WE HAVE USED FOR 20-PLUS YEARS, AND ACTUALLY WRITING IT INTO THE ORDINANCE.

SO ANY DEVELOPER CAN PULL IT UP, LOOK AT IT, AND KNOW WHAT PROCESS TO FOLLOW. A LOT OF OUR CHANGES ARE LIKE THAT. AND THOSE ARE THE CHANGES I'M NOT GOING TO HIGHLIGHT. THE CHANGES I'M GOING TO HIGHLIGHT ARE IF YOU ARE REQUESTING UTILITIES, YOU ALSO HAVE TO REQUEST ANNEXATION. YOU KNOW, THE ACTUAL SUBSTANTIAL CHANGES. THTHIS THIS IS A PROCESS WE HAVE BEEN DOING FOR A LONG TIME. IT IS BEING WRITTEN OUT.

I WON'T TAKE EVERYONE'S TIME TO GO THROUGH THOSE.

WHENEVER WE ACTUALLY GET INTO THE MEAT OF WHAT IT LOOKS LIKE.

ONE SUBSTANTIAL CHANGE, TOO, YOU SEE THE DRAFT, THE CREATION OF CONSERVATION DISTRICTS AND HISTORIC DISTRICTS.

COUNCIL WAS VERY-- WE HAD A COUNCIL WORKSHOP.

THEY ARE VERY CLEAR ON THE DIRECTION ON BOTH OF THESE.

THAT THEY WILL BE-- THEY WILL BE PETITION-BASED.

SO THE CONSERVATION DISTRICT IS REALLY KIND OF MORE LIKE WHAT OUR DISTRICTS ARE NOW. SAY A NEIGHBORHOOD WANTS TO APPLY TO BECOME A CONSERVATION DISTRICT, THE RULES OF THAT CONSERVATION DISTRICT WOULD BE TAILORED TO THAT NEIGHBORHOOD.

THAT WO WOULD HAVE TO BE PART OF THE APPLICATION PROCESS.

SAY, MAYBE, MAYBE YOU CAN'T HAVE MOTHER-IN-LAW SUITES.

MAYBE, YOU KNOW, NO DIPPING OUR TOE INTO ZONING.

NO HOME-BASED BUSINESSES OR NO COMMERCIAL IN THAT NEIGHBORHOOD.

IT IS GOING TO REQUIRE A SUPER MAJORITY PETITION OF THAT NEIGHBORHOOD. AND THEN WHAT THOSE RULES ARE.

THIS WILL CREATE THE ENABLING LEGISLATION TO ALLOW NEIGHBORHOODS TO REQUEST THAT IN THE FUTURE.

AND THE SAME WITH HISTORIC DISTRICTS.

SO THE ENABLING RULES, THEY DO NOT SAY THAT CITY COUNCIL CAN INITIATE THOSE. CITY COUNCIL WILL NOT BE ABLE TO INITIATE THOSE. IT WILL BE A PETITION-BASED WITH TWO-THIRDS OF THE PROPERTIES THAT WANT TO BE IN THAT --

>> IT SOUNDS LIKE ZONING. >> IT IS.

IT IS REALLY GEARED FOR NEIGHBORHOODS.

FOR NEIGHBORHOOD PROTECTION AND CONSERVATION SO YOU DON'T HAVE ENCROACHMENT OF-- YOU KNOW, TO PROTECT WHAT NEIGHBORHOODS HAVE.

>> IT IS A GOOD THING. >> RIGHT.

AND SO IT IS GOING TO BE PETITION-BASED.

WE WILL SEE HOW MANY NEIGHBORHOODS GET THEIR NEIGHBORS TOGETHER AND CAN COOPERATE.

IT IS A SUPER MAJORITY. IT WILL BE REQUIRED.

[00:55:01]

SO WE WILL SEE. THEN OF COURSE, THE PROCEDURES WILL HAVE ALL OF THESE-- THE PROCEDURES, THE VARIANCES.

DOCUMENTING ANY ADMINISTRATIVE APPROVAL PROCESSES.

AND THEN LIKE I SAY, THE DEVELOPMENT OF THE NEIGHBORHOOD CONSERVATION PROJECT. HOW DOES A NEIGHBORHOOD APPLY TO BECOME THAT? SO REALLY ON ALL OF THESE, THERE IS VERY, VERY MINOR, EXCEPT FOR THAT CONSERVATION DISTRICT.

OF COURSE, THAT IS NOT MINOR. THAT IS BRAND NEW.

VERY DIFFERENT. JUST KIND OF ALSO FYI FOR YOU ALL, CELESTE AND I PRIMARILY, BUT WE ALSO HAD HELP WITH TYLER AND DAVID AND OUR ENGINEERING STAFF AND RICK AND A LOT OF BUILDING STAFF. SPENT TWO DAYS LOCKED INTO A CONFERENCE ROOM WITH OUR CONSULTANTS.

WENT THROUGH THE ORDINANCE LINE BY LINE.

WORD FOR WORD. WE DISCUSSED-- THAT IS WHY WE ARE WAITING ON THIS PUBLIC DRAFT DOCUMENT.

WE ARE REALLY LOOKING TO SEE THE FRUIT OF THOSE LABORS.

SO TO SPEAK. THAT IS WHAT WE ARE WAITING FOR.

THE END OF THIS WEEK. WE WILL TAKE TIME THIS WEEKEND TO REVIET AND MAKE SURE EVERYTHING WE DISCUSSED IN THAT VERY FUN TWO DAYS MADE IT IN THERE AND THAT THERE DOESN'T NEED TO BE ANY OTHER CHANGES. THAT IS WHY, FINGERS CROSSED, I'M VERY HOPEFUL THAT THIS DRAFT WILL BE OUT AND READY FOR PUBLIC CONSUMPTION NEXT WEEK. SO THIS LAST BIT IS THE SUMMARY OF THE CHANGES THAT THEY DID SINCE THE LAST TIME THE SUBCOMMITTEE HAD SEEN THE DRAFT. THE CHAPTER 20 DRIVEWAYS, WE ARE CHANGING DRIVEWAYS TO BE BASED OFF OF THE TYPE OF ROADWAY.

INSTEAD OF THE USE. YOU WANT GREATER SEPARATION ON A PRIMARY ARTERIAL LIKE NAVARRO RATHER THAN A LOCAL STREET.

THE DRIVEWAYS BEING NEXT TO'M OTHER IS NOT A SAFETY CONCERN LIKE IT IS WHEN YOU HAVE A HIGHER VOLUME ROADWAY.

WE HAVE A PROVISION THAT STATES SLAB FOUNDATIONS HAVE TO BE 30 INCHES ABOVE THE GUTTER TO PREVENT FLOODING.

WE HAVE HAD ISSUES OVER THE LAST SEVERAL YEARS, ESPECIALLY WITH GLO HOMES OVERBUILDING THOSE FOUNDATIONS AND CAUSING DRAINAGE ISSUES. WE WILL HAVE A MAXIMUM OF 42 INCHES. THAT IS ONLY FOR THE SLAB-ON FOUNDATION. THE DRAFT OF THE PARKING RATIOS HAD IT, LIKE, FOUR PER THOUSAND SQUARE FEET.

WE HAVE WANTED TO MAKE EVERYTHING ONE TO ONE.

LIKE, A ONE SPACE PER 250 SQUARE FEET.

EASIER TO DO THE MATH FOR US. IT IS NOT AS BIG OF A CHANGE.

WE HAVE REDUCED A LOT OF THE PARKING.

THE PARKING REQUIREREMENTS. ESPECIALLY FOR COMMERCIAL.

NOW, THAT IS NOT GOING TO REALLY MAKE A BIG DIFFERENCE.

BECAUSE THOSE BIG BOX STORES HAVE A MARKET STANDARD THAT THEY HOLD THEMSELVES TO THAT ALREADY EXCEEDS WHAT OUR CURRENT ORDINANCE SAYS. LIKE I SAID, I DON'T THINK IT WILL MAKE A HUGE DIFFERENCE. IT MIGHT HELP SOME OF THE MOM-AND-POPS AROUND TOWN. WE TALKED ABOUT THE HISTORIC AND CONSERVATION DISTRICTS. AND THEN OUR SUBDIVISION REGULATION AMENDMENTS ARE MORE TECHNICAL ASPECTS THAT WE ARE KIND OF ALREADY DOING. BUT MAKING SURE WE ARE VERY SPECIFIC. IT IS NOT JUST POLICY THAT WE HAVE TO SHARE WITH FOLKS COMING INTO TOWN TO DEVELOP.

IT IS ALL LAID OUT. THEY DON'T NEED TO CALL US.

THEY ARE MORE THAN WELCOME TO CALL US.

WE WOULD PREFER IT, OF COURSE. IT IS ALWAYS EASIER TO BE ABLE TO GUIDE PEOPLE. THROUGH A DEVELOPMENT PROCESS.

WE DO WANT TO MAKE SURE THAT EVERYTHING THAT WE HAVE OUT THERE IS USER-FRIENDLY AS POSSIBLE.

THAT IS THE WHOLE GOAL OF COMPLETELY REWRITING OUR ORDINANCE. SO AS I SAID, OUR NEXT STEP IS THE DRAFT REFINEMENT. WE WILL HAVE A PUBLIC OPEN HO HOUSE. WE WERE THINKING OF HAVING A SPECIAL PLANNING COMMISSION MEETING ON NOVEMBER 30 WITH THE OPEN HOUSE BEFORE. TENTATIVELY SCHEDULE THAT.

I WILL GET REAL DATES ON THE CALENDAR AND A REAL SCHEDULE ON THE PROCESS. I HAVEN'T FINALIZED DATES YET.

I DON'T HAVE THE DRAFT FOR THE PUBLIC YET.

WAITING TO HAVE THAT ON HAND TO THEN GO AND APPROACH THE

BUILDERS AND THE ENGINEERS. >> THIS WOULD BE DONE LIKE HOW WE DID WHEN WE HAD THE COMMUNITY CENTER.

>> WE HAVEN'T SET THE FORMAT YET.

I ASSUME IT WOULD BE A LARGER PLACE.

ALTHOUGH MAYBE NOT. THE PUBLIC DOESN'T REALLY GET EXCITED ABOUT DEVELOPMENT CODES. IT IS THE USERS OF THE

[01:00:04]

DEVELOPMENT CODE THAT ARE REALLY EXCITED.

AND WE HAD A LOT OF CONVERSATIONS WITH.

YOU KNOW, THE ENGINEERS AND MAYBE SOME REALTORS MIGHT BE INTERESTED. BUILDERS.

I THINK THOSE ARE THE FOLKS THAT WE WANT TO MAKE SURE THEY KNOW WHAT IS GOING ON. THEY ARE HAPPY WITH THE CHANGES.

THERE MIGHT BE SOME THAT THEY ARE NOT HAPPY WITH.

WE ARE, YOU KNOW, STRENGTHENING SOME RULES IN SOME PLACES.

WE ARE RELAXING THEM IN OTHERS. I'M HOPING THAT THE TRADEOFF IS

HERE. >> I DON'T REMEMBER.

DID YOU GUYS ADDRESS ADUS IN THIS?

>> YES. YES.

>> OKAY. >> AND THEN AS I MENTIONED, WE HAVE THE ADOPTION PROCESS. OUTLINED WITH-- WE NEED TO GET IT TO COUNCIL. THE TWO MEETINGS IN DECEMBER.

HOWEVER TO MAKE THAT HAPPEN, I HAVE TO BACK TRACK.

WE WOULD LIKE AN EFFECTIVE DATE OF JANUARY 1 SO THAT IS IT IS A CLEAR-CUT NEW YEAR, NEW RULES. ALTHOUGH IF I HAD TO GUESS, ABOUT 80% OF THE ORDINANCE REALLY ISN'T CHANGING.

WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> SO YOU ARE GOING TO BE READY FOR THE BICENTENNIAL YEAR, THEN.

>> YES. >> YOU SAID THERE IS A MURAL

SECTION IN HERE. >> YES.

>> DID I UNDERSTAND THAT CORRECTLY?

>> SO YES. CHAPTER 5 OF THE SIGNS IS BEING MOVED INTO THIS CHAPTER. OUR SIGN ORDINANCE DIDN'T CHANGE A LOT. THERE IS-- WE ARE ADDING A PUBLIC ART COMPONENT BECAUSE THERE IS A LOT OF REQUESTS FOR MURALS. YOU CAN'T REGULATE DESIGN.

HOW OTHER CITIES HAVE CHOSEN-- A LOT OF CITIES HAVE CHOSEN TO REGULATE MURALS THROUGH DESIGN DISTRICTS WHICH ARE, YOU KNOW, HISTORIC PRESERVATION DISTRICTS. WHICH ARE ZONING DISTRICTS.

WE DON'T HAVE ZONING DISTRICTS. THE WAY THE LEGISLATURE SAYS YOU CAN DESIGN-- REGULATE SOMETHING LIKE SIGNS AND CONTENT IS, YOU KNOW, THROUGH A PUBLIC ART DEFINITION, DEFINING MURALS AS PUBLIC ART. THEN WE HAVEN'T QUITE FIGURED THE PROCESS YET. ULTIMATELY, CITY COUNCIL WILL HAVE APPROVAL ON A MURAL APPLICATION, WHETHER THEY WILL

APPROVE IT OR NOT. >> SOUNDS A LOT LIKE LIBRARY

BOOKS. >> YES.

>> YOU KNOW, I WANT TO SAY THIS. I AM SO THANKFUL, I'M GRACIOUS TO YOU GUYS FOR THE TIME AND THE EFFORT, THOSE THAT PARTICIPATED IN DOING SOMETHING THAT WE KNOW IS NEEDED, AND IT TAKES PEOPLE LIKE ME WHERE IT KEEPS MY MOUTH CLOSED BECAUSE IT IS IN THERE BECAUSE YOU CAN READ IT. AND YOU WILL KNOW, OKAY, THIS IS-- YOU KNOW, I BELIEVE IT BECAUSE THE MORE WE PUT IN IT, THE LESS QUESTIONS OR THE LESS ARGUMENT THAT YOU CAN HAVE AGAINST IT. BECAUSE IT IS THERE.

IT HAS BEEN APPROVED. I'M REALLY THANKFUL FROM YOU AND MS. JULIE AND CELESTE AND ALL THE STAFF ON EVERYTHING THAT IS PUT IN THERE. WE KNOW THE WORK THAT YOU DO.

AND SO WE ARE REALLY THANKFUL FOR THE WORK THAT YOU DO.

>> WELL, WE REALLY TRY TO CREATE REGULATIONS THAT HAVE A WHY BEHIND THEM. IF WE CAN'T ADEQUATELY DESCRIBE WHY, THEN MAYBE IT IS SOMETHING WE DON'T NEED TO BE BOTHERING WITH. THERE IS A LOT OF DISCUSSION.

WHY IS IT LIKE THIS? AND GETTING THESE RULES IN

PLACE. >> IT IS A GOOD EXAMPLE OF THAT.

>> I ECHO DR. HUNT'S COMMENTS. >> THANK YOU.

I EXPECT EVERYONE TO GET THEIR COFFEE AND START READING THAT AS

SOON AS -- >> I READ THEM BACK TO FRONT.

AND SLEEP AND WAKE UP AND READ IT AGAIN.

>> YEAH. THANK YOU ALL.

>> ALL RIGHT. THANK YOU.

OKAY. ANY ITEMS FROM THE COMMISSIONERS? NO ITEMS FROM THE COMMISSIONERS.

ALL RIGHT. IF THAT IS-- BEING THAT, SEEING NO OTHER BUSINESS, I'LL ADJOURN THE MEETING AT 6:20.

* This transcript was compiled from uncorrected Closed Captioning.