[00:00:02]
[1. CALL TO ORDER – 6:00 PM]
RIGHT.I'M TIM BWO, AND I HAVE THE PLEASURE OF SERVING ALONG WITH MY FELLOW COMMISSIONERS ON THE BERNIE PLANNING AND ZONING.
I WILL BEGIN THIS EVENING'S REGULAR JUNE MEETING OF THE PLANNING AND ZONING BY FIRST SAYING OUR PLEDGES OF ALLEGIANCE TO BOTH FLAGS IN THE UNITED STATES AND TO TEXAS.
UH, PLEASE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC OF WHICH STATES ONE NATION UNDER GOD, INDIVISIBLE, LIBERTY, AND JUSTICE.
HONOR, PLEASE FACE THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
IF YOU'LL JOIN ME IN A MOMENT OF SILENCE, PLEASE.
ITEM NUMBER ONE IS CONFLICTS OF INTEREST.
ARE THERE ANY CONFLICTS OF INTEREST THIS EVENING AMONG THE COMMISSIONERS WITH ITEMS ON OUR AGENDA TONIGHT? ALRIGHT,
[3. OATHS OF OFFICE]
THERE BEING NONE.WE'LL MOVE ON TO THE NEXT ITEM, WHICH IS OATH OF OFFICE.
SO WE RECENTLY HAD COMMISSIONER BYRD REAPPOINTED BY THE MAYOR AND CITY COUNCIL OF BERNIE.
CONGRATULATIONS, COMMISSIONER BYRD.
AND WE HAD, UH, COMMISSIONER CODY KELLER, UH, NOMINATED BY THE MAYOR AND SUPPORTED BY THE COUNCIL.
AND SO HE JOINS US FOR THE FIRST TIME AS A BRAND SPANKING NEW COMMISSIONER, MR. CRANE, WHO WILL ADMINISTER THE OATHS OF OFFICE.
MR. VALLA WILL DO THAT FOR US.
SO IF, UH, MR. BYRD, MR. KELLER WOULD, UH, STEP DOWN.
MARK, PLEASE JOIN HER IN THE FRONT OF THE DIOCESE, IF YOU WILL.
PLEASE BILL FAITHFULLY EXECUTE THE DUTIES OF OFFICE ZONING COMMISSIONS FOR CITY OF ER, STATE OF TEXAS, OF MY ABILITY PRESERVE FOR PROTECT, DEFEND THE UNITED STATES.
AS THE TWO COMMISSIONERS ARE MAKING THEIR WAY BACK UP TO THE DAIS, I JUST WANNA TAKE A MOMENT TO, UH, SHARE WITH EVERYONE.
I THINK THIS IS YOUR THIRD TERM, THIRD THREE YEAR TERM.
UM, AND SO I'M GONNA ASK BOTH COMMISSIONER BYRD AND OUR NEW COMMISSIONER KELLER, JUST TO BRIEFLY GIVE US SYNOPSIS OF THEIR BACKGROUND, THEIR EXPERTISE, THEIR EXPERIENCE AT THE TIME THEY'VE BEEN HERE IN BERNIE, THEIR INTEREST IN SERVING ON THE PLANNING AND ZONING.
I THINK IT'S HELPFUL FOR THE CITIZENS OF THIS COMMUNITY TO GET TO KNOW OUR COMMISSIONERS AND UNDERSTAND THAT THEY ALL BRING A UNIQUE PERSPECTIVE, UH, BASED IN PROFESSIONAL EXPERIENCE, WORK EXPERIENCE, JUST BEING A MEMBER OF THE COMMUNITY HERE IN BERNIE FOR A NUMBER OF YEARS.
AND SO, MR. BIRD, I'LL, I'LL ASK YOU TO JUST GIVE A BRIEF, UH, INTRODUCTION TO YOURSELVES WITH THOSE ATTENDANCE THIS EVENING.
I, I, UH, CAME TO BERNIE WHEN I HAVE TWO ADULT CHILDREN, TWO SONS.
AND WE CAME TO BERNIE WHEN THEY WERE IN GOING INTO MIDDLE SCHOOL, AND WE CAME FOR THE SCHOOL DISTRICT.
UM, ACTUALLY THEY, I THINK THE BERNIE SCHOOL DISTRICT WAS STARTING A WEEK AFTER SAN ANTONIO.
SO THEY CHOSE TO COME TO BERNIE FOR, FOR A WEEK BECAUSE OF THAT WEEK.
UH, I LIVE IN DOWNTOWN, UH, BERNIE ON THE CREEK AND VERY CLOSE TO TO HERE.
AND, UH, I'VE GOT FOUR DOGS AND, UH, ABSOLUTELY, UM, LOVE THE COMMUNITY.
UH, I, I LOVE THE, THE, SO AS AS FOR A LIVING, I'M A, I GUESS I'M A CAR DEALER.
UM, FOR THE MOST PART, I OWN DEALERSHIPS DOWN IN MACALLAN.
UM, I BUILT THE MERCEDES STORE HERE IN BURNHAM BEFORE WE SOLD IT TO A PUBLIC COMPANY, UH, A FEW YEARS AGO.
AND, UH, I CURRENTLY OWN MARK MOTORS HERE IN BERNIE.
AND THEN I, MY SON AND I ARE PARTNERS IN A, UH, IN ANOTHER BIRD IMPORTS, WHICH IS KIND OF A HOT ROD DEAL.
UM, ONE OF MY PASSIONS IS HISTORIC PROPERTIES.
UM, I THINK PROBABLY THE ONE I'M THE MOST PROUD OF IS THE KINDLE INN.
UM, I BOUGHT THE KINDLE INN ABOUT 10 YEARS AGO, AND IT WAS IN DIRE NEED OF SOME ATTENTION.
[00:05:02]
AND SO, YES, I KNOW IT.AND, UH, SO WE RESTORED IT, UM, WHICH WAS A LOT OF FUN BECAUSE IT'S BEEN THERE SINCE BEFORE THE CIVIL WAR.
SO YOU CAN ONLY IMAGINE WHAT THE RESTORATION PROCESS LOOKED LIKE.
BUT I WAS REALLY PROUD OF IT BECAUSE I BELIEVE, I BELIEVE THAT IT'S NOW RELEVANT AGAIN AND A AND A BIG AND A FOCAL POINT FOR OUR COMMUNITY.
SO, UM, I ENDED UP SELLING IT TO SOME HOTEL GUYS THAT ARE BETTER AT THE HOTEL PART OF IT THAN I AM.
AND, UH, THEY, THEY SEEM TO BE DOING, UH, UH, A GOOD JOB WITH IT.
I ALSO USED TO OWN THE BUILDING THAT SEAN LORNE MOVED INTO THE LORNE LAW FIRM, AND WE RESTORED THAT BUILDING AS WELL.
I, I LIKE BRINGING THIS STUFF BACK.
I THINK WE HAVE AN OBLIGATION AS A COMMUNITY TO, UH, TAKE CARE OF OR, YOU KNOW, RECOGNIZE OUR HISTORY AND HOW RELEVANT THAT IS TO OUR FUTURE.
AND MY, I I OWN ABOUT SEVEN DIFFERENT BUSINESSES RIGHT NOW.
AND, UM, I THINK WHAT THEY ALL, THEY'RE ALL TOTALLY DIFFERENT FROM MEAT MARKET TO LAND CLEARING TO AUTO DEALERSHIPS, TO FUEL DELIVERY.
UM, BUT WHAT THEY ALL HAVE IN COMMON IS, IS I LOVE EMPLOYING PEOPLE AND CREATING JOBS FOR PEOPLE.
AND, UH, WE ALSO LOVE BEING INTO TAKING CARE OF PEOPLE BUSINESS.
SO, UM, THAT'S IN, IN SHORT, I DON'T KNOW IF THAT QUALIFIES ME FOR
WELL, THANK YOU AGAIN FOR YOUR, UH, SERVICE TO THIS COMMUNITY AND FOR YOUR LONGSTANDING SERVICE ON THIS COMMISSION.
I MEAN, YOUR COMMITMENT TO BERNIE HISTORIC PRESERVATION, THE DOWNTOWN IS EVIDENT EACH AND EVERY NIGHT WHEN YOU COME UP HERE, YOUR PREPARED FOR THESE MEETINGS, AND I APPRECIATE THE INPUT, UH, AND THE EXPERIENCE AND PERSPECTIVE THAT YOU BRING TO EACH ONE OF THESE.
SO, COMMISSIONER BURKE, THANK YOU.
THANK YOU, COMMISSIONER KELLER.
SO NOW IT'S YOUR TURN TO TELL US A LITTLE BIT ABOUT YOURSELF, PLEASE.
UM, SO I WAS, I WAS BORN AND RAISED IN BURNIE.
UM, BEEN HERE VIRTUALLY MY WHOLE LIFE OR A PART OF THIS COMMUNITY MY WHOLE LIFE.
I GRADUATED, UH, BURN HIGH IN 2003, UH, BACK WHEN THERE WAS STILL JUST ONE HIGH SCHOOL.
UM, FROM THERE I WENT UP TO TEXAS TECH AND HAD AN UNDERGRADUATE AND GRADUATE DEGREE FROM THERE, AND MARRIED A GIRL FROM LUBBOCK THAT I WENT TO SCHOOL WITH.
AND, UH, SO WE STUCK AROUND LUBBOCK FOR A LITTLE WHILE AND THAT'S WHERE I STARTED MY BUSINESS THAT I CURRENTLY OWN, WHICH, UH, IS AN OUTDOOR ADVERTISING MEDIA COMPANY.
UM, BEEN ABLE TO GROW THAT WHERE I HAVE BILLBOARDS THROUGHOUT THE STATE FROM LUBBOCK, DOWN AROUND AUSTIN AND THROUGHOUT THE HILL COUNTRY.
UH, SO, YOU KNOW, I THINK MY HISTORY AND BEING A PART OF THESE MEETINGS FROM A DIFFERENT OTHER SIDE OF THINGS FOR A LONG TIME NOW AND BEEN A PART OF A LOT OF MEETINGS, I THINK I CAN OFFER A FRESH PERSPECTIVE ON, ON THINGS OR A DIFFERENT PERSPECTIVE POSSIBLY.
UH, YOU KNOW, MY GOAL IS TO, UH, KIND OF AS BILL HINTED AT, TO, YOU KNOW, HELP BERNIE.
JUST THE NATURE OF HOW DESIRABLE IT IS TO LIVE HERE IS GONNA CONTINUE TO GROW AND DEVELOP, BUT HOPEFULLY, UH, GROW IN A RESPONSIBLE WAY AND PRESERVE THE HISTORIC NATURE OF IT AND, UH, AND PRESERVE IT IN A WAY THAT'S IN LINE WITH WHAT CITIZENS DESIRE AND HOPE FOR.
AND THAT'S KIND OF WHAT MY GOAL IS HERE ON THIS COMMITTEE.
THANK YOU, UH, COMMISSIONER KELLER, I KNOW THAT, UH, YOU WERE DOWN HERE MANY TIMES IN THE AUDIENCE AS A NUMBER OF FOLKS HERE ARE THIS EVENING TO SPEAK ON A YES SIR.
SO NOW YOU GET TO SIT ON THIS SIDE OF THE DI AND SEE IT FROM THAT PERSPECTIVE.
BUT I APPRECIATE YOUR WILLINGNESS TO DO SO, AND CONGRATULATIONS AGAIN TO YOU.
[4. ELECTIONS]
BEFORE WE GET TO PUBLIC COMMENTS, WE HAVE A LITTLE BIT OF, UH, COMMISSION BUSINESS TO ATTEND TO, WHICH IS THE ELECTION OF OFFICERS.SO AT THIS TIME, WE HAVE TO ELECT ANOTHER VICE CHAIR AND SECRETARY.
UH, I'LL RECOGNIZE COMMISSIONER KATES, WE'LL TAKE THE VICE CHAIR FIRST FOR HIS MOTION WITH RESPECT TO THE VICE CHAIR OF THIS PARTY, COMMISSIONER KATES, I, UH, NOMINATE, UH, OUR GREAT, UH, VICE CHAIR AT THIS TIME, COMMISSIONER LUCAS HOLLERER TO, UH, CONTINUE IN HIS ROLE.
IS THERE A SECOND TO THAT MOTION? SECONDED BY COMMISSIONER FRIAR.
WE'LL JUST VOTE BY ACCLAMATION.
I THINK ALL THOSE IN FAVOR SAY AYE.
COMMISSIONER LER FOR YOUR REELECTION.
AS VICE CHAIRMAN, WE NOW WILL FILL THE SLOT OF SECRETARY, TURN TO COMMISSIONER HYLER FOR HIS MOTION.
COMMISSIONER HYLER, I, UH, I WOULD LIKE TO MAKE A MOTION TO, UH, TO APPOINT BOB KATES AS, UH, SECRETARY OF COMMISSION.
IS THAT MOTION SECONDED BY ANYONE? YES.
SECONDED BY COMMISSIONER BYRD.
ANY OPPOSED? MOTION CARRIES BY ACCLAMATION.
WELL, TO COMMISSIONER KATES AND TO COMMISSIONER HYLER, I APPRECIATE YOUR WILLINGNESS TO SERVE, STAND IN FOR ME WHEN I'M NOT ABLE TO MAKE IT AND ASSIST ME IN OTHER WAYS THAT, UH, GO BEYOND JUST,
[00:10:01]
UH, PREPARING FOR THESE MEETINGS EACH AND EVERY MONTH.[5. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the Planning and Zoning Commission on any issue. The Planning and Zoning Commission may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169)]
PUBLIC COMMENTS.I KNOW WE HAVE A NUMBER OF FOLKS SIGNED UP.
ALL IT SEEMS, UH, AT LEAST BY INDICATION ON ITEM SEVEN A.
SO YOU HAVE A CHOICE IF YOU'VE SIGNED UP TO SPEAK THIS EVENING.
YOU CAN SPEAK NOW, UH, DURING THE PUBLIC COMMENTS PORTION OF THE MEETING, OR YOU CAN WAIT UNTIL WE GET TO ITEM SEVEN A.
SO WHEN I GO DOWN THE LIST, IF YOU'LL JUST LET ME KNOW, UM, IF YOU'D PREFER TO DO IT NOW OR PREFER TO SPEAK WHEN YOUR ITEM COMES BEFORE US.
ALRIGHT, COME ON DOWN MR. WATSON, IF YOU'D LIKE.
AND, UH, WE KNOW YOUR NAME TO STATE YOUR ADDRESS FOR THE RECORD.
AND TELL US WHAT YOUR THOUGHTS ARE ON ITEM SEVEN A OR ANYTHING ELSE YOU WANNA SPEAK ABOUT.
UH, SO MY NAME IS KEITH WATSON.
AND, UH, WE'RE THE PROPERTY THAT WE'RE TALKING ABOUT FOR THAT, UH, PARTICULAR, UH, DISCUSSION TODAY, I'M ABOUT TWO HOUSES JUST SOUTH OF THAT.
SO I'M, I'M DIRECTLY IN THE CUL-DE-SAC.
UM, I WANNA SAY THAT I'M NOT NECESSARILY OPPOSED TO THE CHANGE IN THE ZONING, BUT I DO WANT TO STRESS A CONCERN ABOUT EGRESS INTO THE PROPERTY ITSELF.
CURRENTLY ON THE SITE PLAN THAT'S, UH, SHOWN IN THE AGENDA TODAY.
THERE'S NO CROSS ACCESS FROM OUR HAMPTON WAY TO, UM, THE PROPOSED PROPERTY.
UH, HOWEVER, I KNOW THERE'S CHALLENGES WITH EGRESS, ESPECIALLY THE TYPE OF HOMES, THE AMOUNT OF HOMES, AND THE LOTS ARE WITHIN THE SITE.
SO THE EDC REQUIRES TWO ENTRANCES TO IT.
I WOULD JUST STRESS THAT, UH, UH, HAVING THOSE, THAT THAT EGRESS POINT POTENTIALLY FROM OUR, OUR LITTLE NEIGHBORHOOD, UH, COULD CAUSE A LOT OF CONGESTION FOR US.
AND, UH, JUST BE WITH A, A TOUGH, UH, TOUGH PILL TO SWALLOW, I COULD SAY.
SO I JUST WANTED TO SAY THAT REAL QUICK AND THANK YOU.
THANK YOU MR. WATSON FOR YOUR COMMENTS FOR TAKING THE TIME TO COME DOWN THIS EVENING AS A NUMBER OF YOUR NEIGHBORS HAVE AS WELL.
ALL RIGHT, COME ON, COME ON DOWN PLEASE.
MR. GRAVES, IT IS GRAVES, ISN'T IT? CORRECT.
YOUR CURSE IS ABOUT AS GOOD AS MINE.
AND THANK YOU EVERYBODY ON THE COMMISSION.
SO I LIVE IN ONE 12 HAMPTON WAY, ALSO THE ROAD THAT'S DIRECTLY INVOLVED WITH THIS DEVELOPMENT PROPOSAL.
AND LIKE KEITH, I'M NOT OPPOSED TO HOUSING SOLUTIONS IN BURN.
I WAS ABLE TO PUT MY FAMILY IN THE VILLAS AT HAMPTON BECAUSE IT WAS THE MOST AFFORDABLE NEIGHBORHOOD IN BERNIE.
BASICALLY, THIS WAS OUR FIRST HOME TOGETHER.
I'M A BERNIE GUY, GRADUATED FROM CHAMPION IN 2010.
UH, SAME YEAR AS AS BILL SON TIM.
I WASHED CARS FOR BILL FOR A COUPLE YEARS AS WELL THERE AT THE DEALERSHIP.
UH, AND THERE'S ONLY ONE CAR GARAGES FOR EVERY SINGLE HOUSE.
AND MOST OF THEM, UNLESS YOU DRIVE LIKE A MINI COOPER OR SOMETHING LIKE THAT, CAN'T ACTUALLY FIT A CAR.
I CAN'T EVEN FIT OUR FORESTER IN THERE.
UM, SO EVERYBODY PARKS MOSTLY ON THE STREETS.
AND THEN ONE CAR IN THE DRIVEWAY IS KIND OF THE NATURE OF, OF BUSINESS THERE IN THE NEIGHBORHOOD.
SO YOU HAVE PEOPLE ON BOTH SIDES OF THE STREET, WHICH WORKS FINE, YOU KNOW, YOU SEE YOUR NEIGHBORS COMING OUT, YOU HAVE TO KIND OF DO IT THE EUROPEAN WAY WHERE YOU PULL OFF TO THE SIDE A LITTLE BIT.
YOU LET THEM PASS AND YOU CARRY FORWARD.
UM, AND IT WORKS IN THE SENSE THAT IT DOES SLOW DOWN TRAFFIC.
THERE ARE A LOT OF CHILDREN IN THE NEIGHBORHOOD AS WELL.
IT IMMEDIATELY BORDERS FAB ELEMENTARY, UM, AND INCLUDING OUR TWO KIDS AND THE KIDS OF OUR NEIGHBORS WHO OFTENTIMES WILL CROSS THROUGH HOUSE TO HOUSE, PLAYING ON EACH OTHER'S PORCHES AND THINGS OF THIS NATURE.
SO, UM, IT'S A VERY QUIET COMMUNITY.
IT'S SOMETHING WHERE WE REALLY APPRECIATE A SLOWER PACE OF LIFE THERE.
UM, AND THE IDEA OF POTENTIALLY, UH, EXPANDING THE ROAD OR ELIMINATING ON STREET PARKING, UM, JUST REALLY IS NOT WORKABLE FOR ANYBODY ON HAMPTON WAY.
UH, JUST BECAUSE OF THE NATURE OF WHERE WE HAVE TO PUT OUR VEHICLES IN RELATION TO OUR HOUSE.
UM, SO THOSE ARE MY THOUGHTS FOR THIS EVENING.
ALRIGHT, THANK YOU MR. GRS FOR COMING DOWN AGAIN THIS EVENING.
APPRECIATE, UH, YOU'RE DOING SO BRIAN, GOSH.
OKAY, MR. STITCH, YOU, YOU WANNA COME TO FORWARD NOW? YES.
ALRIGHT, THEN PLEASE COME FORWARD.
UH, BASICALLY, UH, I'M SORRY, MY HEARING AIDS ARE INTERFERING VERY GOOD.
I LIVE AT 1 25 HAMPTON WAY, WHICH MY NEIGHBORS ARE ACTUALLY ON THE OTHER SIDE OF THE STREET.
I'M ON THE SIDE WHERE THE BASKETBALL COURT IS.
AND, UH, I DO HAVE A DAUGHTER, A GRANDDAUGHTER, AND I HAVE TWO GREAT-GRANDCHILDREN THAT ARE AT MY HOUSE A LOT.
THE PURPOSE OF CUL-DE-SAC IS SAFETY.
[00:15:02]
YOU GET TO KNOW YOUR NEIGHBORS.I KNOW ALL MY NEIGHBORS, I SEE 'EM EVERY DAY.
SO NOW I CONCUR WITH THE CONGESTION.
IT'S VERY HARD IF YOU START HAVING MORE PEOPLE COME IN AND OUT, THE ONLY WAY THAT YOU WOULD RESTRICT THAT IS BY SPEED BUMPS.
AND THAT WOULD ACTUALLY HINDER US MORE BEING ALREADY A RESIDENCE THERE.
SECOND THING IS ALSO THE HOUSING ASSOCIATION FEES.
SO NOW IF YOU ALLOW OTHER PEOPLE TO CUT THROUGH AND THEY'RE USING OUR PARKS, THEY'RE USING OUR BASKETBALL BALL, THEY'RE, UH, BRINGING THEIR ANIMALS IN THAT MIGHT NOT BE TREATED PROPERLY, THAT'S CREATING MORE ANIMOSITY IN OUR NEIGHBORHOOD.
BUT ALSO HAVING A CUL-DE-SAC, YOU PAY ROUGHLY BETWEEN 10 AND 20% MORE ON THE HOUSE HAVING A CUL-DE-SAC THAN YOU DO ANY OTHER STREET.
NOW, WHEN WE HAVE TO EAT THAT, BECAUSE THAT THOSE ARE PREMIUM HOUSING COSTS IN THAT, ON THAT HAMPTON WAY.
SO NOW IF YOU'RE JUST GONNA ALLOW OTHER PEOPLE TO DRIVE THROUGH THAT AREA, THAT'S GONNA DIMINISH OUR 20% OF VALUE OF OUR HOUSE.
SO THE SAFETY, THE COST OF HOUSING ASSOCIATION, THE COST AS FAR AS FOR, UH, THE UTILITIES IN THAT AREA, CONGESTION ON THE STREETS.
AND AS FAR AS FOR THE COMMUNITY, AS I KNOW, AND I LOVE MY NEIGHBORS, WE DO HALLOWEEN, WE DO ALMOST EVERY ASPECT AS A, UH, COMMUNITY ON THAT STREET.
WE CAN'T DO THAT IF YOU'RE HAVING OTHER PEOPLE COME STRAIGHT THROUGH AND INTERRUPTING OUR HARMONY AS A LITTLE COMMUNITY IN THAT LITTLE HAMPTON WAY COVE.
SO I PLEASE REQUEST THAT YOU USE THAT ACCESS ROAD FROM OXBOW.
IT GOES FROM THE HOTEL ALONG OXBOW, WHY CAN'T YOU PUT TWO ENTRANCES ON THAT SO THEY CAN GO IN BY THE HOTEL, GO INTO THEIR AREA, AND THEN COME OUT OVER BY OXBOW ON THAT ROAD AND THEY CAN GET ONTO THE ACCESS ROAD, OR THEY CAN TAKE THAT ACCESS ROAD DOWN ON OXBOW AND TURN ON JOHN'S ROAD THAT WAY VERSUS COMING THROUGH OUR YARD AND HURTING OUR PROPERTY AND OUR COMMUNITY.
AND, AND, UH, DO THEY HAVE QUESTIONS FOR ME?
I DO WANT THANK YOU THOUGH ALSO FOR EDUCATING ME ON CUL-DE-SACS.
CUL-DE-SACS ARE SAFETY AND COMMUNITY AND BASICALLY YOU'RE PAYING AN EXTRA AMOUNT OF MONEY JUST BECAUSE YOU'RE IN THE CUL-DE-SAC BECAUSE THERE IS NO THROUGHWAY THROUGH THAT NEIGHBORHOOD, WHICH INCREASES, UH, RISK FOR YOUR CHILDREN, YOUR GRANDCHILDREN, YOUR GREAT-GRANDCHILDREN.
AND NOT ONLY THAT, BUT IF OTHER KIDS START COMING OVER AND THEY START DAMAGING THE THINGS THAT YOUR CHILDREN PLAY ON, WHO'S GONNA PAY FOR IT? NOW YOUR HOUSING ASSOCIATION FEES GO UP, UH, THE WATER UTILITIES START GOING UP BECAUSE YOU'RE TAPPING IN OFF OF OURS.
BUT WE'RE CERTAINLY GONNA ASK FOR IT WHEN WE COME TIMES TO SELL.
SO THANK YOU VERY MUCH MR. CHAP.
WELL, THE HOUSING ASSOCIATION WILL ACTUALLY CHARGE A 1.7, UH, FEE FOR SELLING AND A 1.7% FEE FOR BUYING.
OKAY? SO THE BUYER GETS 1.7 AND AND THE SELLER.
BUT IF YOU BOUGHT AT A PREMIUM, WHICH A LOT OF PEOPLE HAVE DONE, THAT'S GONE, ALRIGHT, WELL, YOU'RE NOT GONNA GET YOUR MONEY.
YOU'RE FLIP FLOPPED, YOU'RE UPSIDE DOWN, YOU'RE HURTING ACTUAL FAMILIES THAT LIVE THERE, ESPECIALLY THE YOUNGER ONES.
THANK YOU SO MUCH AGAIN COMING DOWN.
UM, DO YOU WANNA SPEAK NOW OR WHEN YOU'RE ITEM OKAY, COME ON DOWN.
UH, I'D LIKE TO ADD MY VOICE TO THE NEIGHBORS.
I AM, MY NAME'S CALVIN SWARTZ, MY WIFE AND I OWN A PROPERTY AT 1 69 HAMPTON COVE, WHICH IS NOT ON THE SAME STREET AS THE, UH, OTHER NEIGHBORS HAVE INDICATED.
UH, WE JUST HEARD ABOUT THIS FOR THE FIRST TIME THIS MORNING.
UH, BUT WE WANTED TO ADD OUR VOICE TO IT.
AND WHEN I DID A QUICK OVERVIEW OF LOOKING AT THAT PERSPECTIVE, EGRESS AND ACCESS THROUGH, UH, THE HAMPTONS, IT'S OBVIOUS THAT THOSE ROADS WERE NEVER DEVELOPED IN THE FIRST PLACE TO SUPPORT ANYTHING OTHER THAN ACCESS INTO THE COMMUNITY THAT'S THERE NOW.
SO OUR CONCERN IS ADDING TRAFFIC INTO THE AREA.
THE, UH, SO LIKE SOME OF THE OTHER NEIGHBORS HAVE MENTIONED, THOSE STREETS ARE VERY NARROW, THAT YOU CAN'T HAVE TWO VEHICLES PASSING.
YOU HAVE TO PULL OVER TO THE SIDE.
AND THAT'S PART OF WHAT WE LIKE ABOUT
[00:20:01]
THE NEIGHBORHOOD.UH, IT'S A, A GREAT PLACE TO OWN A PIECE OF PROPERTY AND IT APPEARS THAT THERE'S TWO OTHER OPTIONS TO GET INTO THE PROPERTY OFF OF THE EXISTING ROAD THAT, UH, PROVIDES ACCESS TO THE HOTEL.
RIGHT NOW, UH, I'VE BEEN IN OIL AND GAS PROJECT MANAGEMENT ALL MY LIFE.
I'VE LOOKED AT DEVELOPING NEIGHBORHOODS.
UH, SO I'M NOT AGAINST DEVELOPMENT OF A NEIGHBORHOOD THERE, BUT WHEN WE'RE LOOKING AT DOING PROJECTS, WE'RE TAKING INTO CONSIDERATION EXISTING STAKEHOLDERS AND MINIMIZING THE IMPACT ON THEM.
AND, UH, THE FOLKS THAT HAVE BUILT INTO THAT NEIGHBORHOOD, I DON'T THINK EVER PERCEIVED THERE WOULD BE ANOTHER, UH, ACCESS ROAD RUNNING THROUGH THERE SERVICING ANOTHER COMMUNITY.
SO THAT'S WHAT I WANTED TO ADD.
HOW DID YOU FIND OUT ABOUT THIS? YOU JUST SAID THIS MORNING, YOU FOUND OUT.
HOW DID YOU FIND OUT? UH, FROM OUR HOA.
UH, I JUST RETURNED TO THE COUNTRY A COUPLE OF DAYS AGO.
MY WIFE BROUGHT IT TO MY ATTENTION AND WE CAME TO, UH, TO THE MEETING THIS EVENING.
I'M GLAD YOU, I'M GLAD YOU DID.
NOW OUR VIRGINIA GARZA SIGNED UP AND THEN DECIDED NOT TO.
MS. GARZA, ARE YOU OUT THERE? YES.
WOULD YOU PLEASE COME ON DOWN? YOU, YOU HAD AN INKLING TO SPEAK AND I THINK YOU SHOULD.
WELL, I CAN SPEAK, I JUST WASN'T REAL SURE WHAT I WANTED TO SAY.
WELL GIVE US YOUR ADDRESS AND THEN DECIDE WHAT YOU WANNA SAY.
YEAH, ALL THE PEOPLE WE'RE SPEAKING HAVE A CLOSER CONNECTION TO THE AREA THAT THEY'RE TALKING ABOUT, BUT I'VE LIVED AT THE VILLAGES OF HAMPTON PLACE FOR 18 YEARS.
WHAT MAKES THAT COMMUNITY SPECIAL IN MY OPINION, IS THAT IT'S A VERY GOOD HEARTED COMMUNITY.
HAVING SAID THAT, WE HAVE A LOT OF SMALL CHILDREN AND FAMILIES.
MY BABIES ARE 43, SO I DON'T REALLY HAVE THAT CONCERN, BUT WHEN THEY OPENED UP LATIMORE, WE GOT MORE TRAFFIC THAN THAT COMMUNITY CAN HANDLE SAFELY.
WE HAVE PEOPLE THAT DRIVE THROUGH THERE MUCH TOO QUICKLY.
WE HAVE PEOPLE WHO RUN STOP SIGNS.
I MEAN, IT'S JUST NOT THE SAFE PLACE IT USED TO BE PRIOR TO THAT OPENING TO LATIMORE BECAUSE WE HAVE ALL THE, THE THROUGH TRAFFIC.
AND I UNDERSTAND THAT THAT WAS SOMETHING THAT NEEDED TO BE DONE.
I DIDN'T HAVE TO GO ALL THE WAY AROUND TO COME BACK.
I JUST FEEL THAT ANOTHER OPENING TO LET PEOPLE IN AND OUT IS GOING TO INCREASE THAT.
THE DANGER TO THE SMALL CHILDREN.
WE HAVE CARS PARKED ALMOST BACK TO BACK ON THE STREET.
SO IF YOU'RE NOT PAYING ATTENTION, ANY LITTLE KID CAN CROSS THE STREET IN FRONT OF YOU.
AND I KNOW THAT THE PEOPLE WHO LIVE IN THE COMMUNITY KNOW THAT.
SO WE TAKE OUR TIME GOING DOWN THE STREET, MAKING SURE WE DON'T HAVE ANYBODY RUN OUT, BUT PEOPLE WHO DON'T LIVE THERE DON'T RESPECT THAT, DON'T KNOW THAT.
AND FOR, FOR THAT AREA TO BE OPENED UP IS GOING TO MAKE OUR COMMUNITY SO MUCH MORE DANGEROUS THAN IT ALREADY IS FOR OUR YOUNG PEOPLE.
AND I WASN'T GONNA SAY ANYTHING BECAUSE I FELT THESE PEOPLE KNEW EXACTLY HOW TO SAY IT.
BUT THE BOTTOM LINE IS THAT MY CONCERN IS THE SAFETY OF OUR KIDS, OUR YOUNG PEOPLE WHO DON'T ALWAYS PAY ATTENTION TO WHETHER THERE'S A CAR COMING OR NOT.
AND THOSE STREETS WEREN'T MADE FOR IN AND OUT TRAFFIC, ESPECIALLY NOW FROM TWO DIFFERENT, THREE DIFFERENT AREAS.
ANYWAYS, THAT'S ALL I HAVE TO SAY.
WELL, THANK YOU AND I'M GLAD YOU DID.
EVERYONE SHARED SLIGHTLY DIFFERENT THOUGHTS ON THIS, SO I'M GRATEFUL FOR YOUR, UH, FOR YOUR WILLINGNESS TO DO SO AS WELL.
NOW THIS IS THE TIME WHERE I ALWAYS ASK IF YOU HAVEN'T SIGNED UP, YOU CAN STILL COME TO SPEAK DURING PUBLIC COMMENTS.
COME ON DOWN AND GIVE US YOUR NAME AND ADDRESS IF YOU WILL PLEASE.
I'M GONNA GUESS THIS IS ON ITEM SEVEN A AS WELL.
THANK YOU FOR HAVING GOOD EVENING.
I'M A RESIDENT AT ONE 16 HAMPTON WAY NEXT MONTH WILL BE 10 YEARS THAT ME AND MY CHILDREN HAVE LIVED THERE.
UM, I'M NOT GONNA ECHO SOME OF THE SENTIMENTS THAT MY NEIGHBORS TALKED ABOUT, ALTHOUGH THEY ARE ALL VERY VALID.
I WANNA BRING UP A COUPLE THAT NO ONE'S MENTIONED.
AIR POLLUTION, NOISE POLLUTION, ENVIRONMENTAL IMPACTS, AND I WILL REPEAT IT.
THIS LOSS OF COMMUNITY IDENTITY, THIS WILL DIVIDE OUR NEIGHBORHOOD MORE THAN PHYSICALLY.
WE ARE A NEIGHBORHOOD THAT THRIVES ON CHILDREN BEING ABLE TO GO TO HOUSE, TO HOUSE TO HOUSE, SAFE PLACES TO PLAY AND ENJOY OUR NEIGHBORHOOD.
UM, THE AIR POLLUTION WORK IN THE MEDICAL FIELD.
I DON'T, I DON'T KNOW IF THERE'S EVER BEEN ANY RESEARCH ON WHAT THE INCREASED TRAFFIC AND POLLUTION WILL DO TO THE RESIDENTS THAT LIVE, ESPECIALLY RIGHT
[00:25:01]
ALONG HAMPTON WAY.CARDIOVASCULAR AND RESPIRATORY DISEASES ARE POTENTIALLY GOING TO INCREASE ENVIRONMENTALLY.
WHEN I GOT HOME FROM WORK BEFORE I RUSHED HERE, I WALKED MY DOG AND I SAW A BEAUTIFUL DOUGH SITTING IN OUR GREEN BELT.
DIDN'T EVEN RUN WHEN MY DOG LOOKED AT HIM.
AND I THOUGHT, THIS IS NOT GONNA HAPPEN ANYMORE.
WE ARE NOT GONNA HAVE THE WILDLIFE THAT WE HAVE, WHICH IS WHY A LOT OF US CAME TO BERNIE.
I WOULD LIKE YOU TO CONSIDER THINGS THAT WE DON'T EVEN KNOW CAN HAPPEN RIGHT NOW, BUT MAY HAPPEN IN THE FUTURE.
NOISE POLLUTION, AIR POLLUTION, IMPACT ON WILDLIFE.
AND THEN OF COURSE OUR COMMUNITY.
WE DON'T WANNA BE DIVIDED PHYSICALLY BY A THOROUGHFARE, WHICH WILL HAPPEN.
THOSE THAT CUL-DE-SAC, THAT AREA.
THIS IS WHERE WE GATHER BECAUSE IT IS OUT OF TRAFFIC FROM THE MAIN ROADS IN OUR NEIGHBORHOOD.
THANK YOU FOR COMING DOWN MS. DUR.
PLEASE COME FORWARD AND LET US KNOW YOUR NAME AND ADDRESS PLEASE.
I WOULD JUST LIKE TO UH, ECHO THE UH, SAFETY FACTOR OF IT JUST TODAY.
UM, I SAW A CAR THAT WAS, I'M GUESSING, CUTTING THROUGH OUR NEIGHBORHOOD, COMING OFF OF FRONTAGE TO GO, YOU KNOW, OVER ON THE OTHER SIDE OF LATIMORE ALMOST RUNNING THE STOP SIGN AND HITTING ANOTHER VEHICLE.
I'VE SEEN THAT MULTIPLE TIMES.
I HAVE A SMALL CHILD, IF YOU GO IN OUR NEIGHBORHOOD, YOU'LL PROBABLY SEE 'EM EVERY DAY OUTSIDE PLAYING.
AND I TELL 'EM NOT TO GO ON THAT SIDE OF THE STREET BECAUSE PEOPLE ALREADY CUT THROUGH THE NEIGHBORHOOD FROM THE FRONTAGE TO GET THROUGH IT AND I CAN'T IMAGINE IT'S GONNA GET ANY BETTER, YOU KNOW, HAVING THIS ACCESS GO THROUGH.
UH, MY NAME IS JENNIFER FIELDS AND I UM, I JUST WANNA GET UP HERE AND AGREE WITH EVERYONE ELSE IN OUR NEIGHBORHOOD.
I LIVE ON ONE 20 HAMPTON RUN EAST, WHICH IS THE MAIN ROAD IN OUR NEIGHBORHOOD THAT EVERYBODY DRIVES ON TO CUT THROUGH OVER TO FROM THE ACCESS ROAD OVER TO LATIMORE ON A DAILY BASIS.
I DO SEE PEOPLE FLYING THROUGH OUR NEIGHBORHOOD.
UM, JUST TODAY I SAW A VEHICLE THAT DECIDED TO STOP, PUT ON THEIR HAZARDS, ANOTHER ZOOMED AROUND IT, THEY HONKED.
THERE WAS ROAD RAGE, THEY GOT TO THE STOP SIGN, THE GUY DID A UEY IN THE STOP SIGN.
CAME BACK THROUGH AND I THOUGHT, WOW, IS THIS WHAT'S GONNA HAPPEN TO THE CUL-DE-SAC AS WELL? THE, UH, NEIGHBORHOOD WAS DESIGNED AND DEVELOPED FOR US TO HAVE OUR DOG PARK BACK THERE.
UM, A LOT OF KIDS GO BACK THERE AND PLAY LIKE THEY'VE MENTIONED.
WE HAVE A BASKETBALL COURT BACK THERE THAT IS AN AREA WHERE THE CHILD, THE OLDER CHILDREN GATHER, UM, SOME OF THE YOUNGER BECAUSE THERE IS A, A SLAB FOR THE BASKETBALL COURT.
SO THEY DRAW WITH THEIR CHALK AND STUFF.
I SEE IT 'CAUSE I HAVE DOGS AND I TAKE MY DOGS TO THE DOG PARK.
UM, OPENING THAT CUL-DE-SAC WOULD SEVERELY SIT, UH, WOULD, LEMME GET MY THOUGHTS.
A LOT OF PEOPLE IN OUR NEIGHBORHOOD WALK THEIR CHILDREN ALONG WITH THEIR DOGS.
THEY WALK ALL THROUGH THE NEIGHBORHOOD.
AND BECAUSE I'M ON THE MAIN STREET THAT CIRCLES BOTH SIDES OF THE NEIGHBORHOOD, I SEE A LOT OF IT.
I SEE EVERYBODY COMING THROUGH AND GOING BACK HOME.
UM, AND SO I JUST WANT TO ALSO HAVE MY VOICE HEARD IN SHARING MY EXPERIENCE.
UM, A FEW YEARS AGO, BECAUSE I DO LIVE ON THE MAIN STREET, WE ACTUALLY HAD ONE OF OUR VEHICLES HIT IN FRONT OF MY HOUSE.
THE KID WAS GOING SO FAST THAT HE FLIPPED HIS VEHICLE IN MY, IN FRONT OF MY HOUSE AND MOVED MY PARKED CAR 10 FEET 'CAUSE I MEASURED IT
SO THINGS LIKE THAT DO HAPPEN.
UM, BEFORE WE MOVED INTO THE NEIGHBORHOOD, I HEARD THAT A DRUNK DRIVER CAME THROUGH AND ACTUALLY TOOK OFF THE CORNER OF THE CORNER HOUSE, WHICH IS FOUR HOUSES DOWN FROM MINE.
SO THESE THINGS ARE REAL THINGS THAT HAPPEN.
AND SO I HOPE THAT IS TAKEN INTO CONSIDERATION WHEN, UM, THE THOUGHT OF BUILDING THAT DEVELOPMENT AND OPENING UP OUR NEIGHBORHOOD TO IT IS DECIDED.
ANYONE ELSE? 'CAUSE WE'VE GOT 20 SOME SIGNED ON THE GUEST LIST AND LESS THAN HALF THAT ON THE SPEAKER'S LIST, BUT I'M WILLING TO YES, PLEASE COME FORWARD.
HELLO? HELLO, MY NAME IS DEANNA.
ARIANNA, ACTUALLY THE NEIGHBORS TO JENNIFER.
I'VE ACTUALLY BEEN BLESSED TO LIVE IN THIS NEIGHBORHOOD SINCE IT'S BEEN BUILT.
MY PARENTS HAD THE HOUSE FIRST AND WE WERE BLESSED TO TAKE IT OVER AFTER.
[00:30:01]
AGREE WITH EVERYBODY ELSE.KIDS RUNNING AROUND EVERY SINGLE DAY IS GREAT TO SEE, ESPECIALLY WITH MY GROWING FAMILY.
THERE'S ACTUALLY BEEN MORE THAN ONE.
THERE'S BEEN THREE ACCIDENTS FROM PEOPLE JUST SPEEDING THROUGH AND MOST OF THE TIME THEY WEREN'T EVEN IN A NEIGHBORHOOD.
SO THEY DON'T REALLY RESPECT IT.
AND IF WE OPEN THAT BACK WAY, THAT'S WHERE A LOT OF KIDS DO ROAM AND PLAY AROUND.
AND IT'S JUST, FOR ME, IF I WALK MY CHILD, WE GO ON BIKE RIDES AND THAT'S GONNA BE REALLY SCARY RIGHT THERE.
YOU KNOW WHAT I'M TRYING TO SAY.
LOT MOORE BOULEVARD, PEOPLE SPEED THROUGH THERE,
I THINK IT'S AWESOME THAT Y'ALL WANT TO PUT SOME BUILDINGS THERE FOR LIVING SPACES, BUT LIKE EVERYBODY ELSE WAS SAYING, THE ACCESS ROAD IS RIGHT THERE, THE WAY TO BE ABLE TO ACCESS IT ROAD RIGHT THERE.
BUT THEN THE SCHOOL ALSO, THAT WOULD PROBABLY DO A LOT MORE TRAFFIC FOR US IN THE NEIGHBORHOOD.
ANYONE ELSE WHO'D LIKE TO COME DOWN AND YES SIR.
PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS PLEASE.
HOW ARE YOU GUYS DOING THIS EVENING? WE'RE GOOD MR. OZ.
HOW ARE YOU?
AS YOU CAN TELL, THERE'S A, THERE'S A LOT OF US FROM THE COMMUNITY THAT ARE CONCERNED ABOUT, UM, WHAT IS FIXING TO BE, UM, BASICALLY DECIDED ON WHAT'S GONNA HAPPEN NEXT TO OUR COMMUNITY.
SO WITH ALL OF THE CONCERNS THAT OUR RESIDENTS HAVE ALREADY TOLD YOU GUYS, THEY'RE VERY REAL.
OUR, UM, OUR COMMUNITY IS VERY TIGHT KNIT.
UM, WHEN THERE'S A CAR GOES DRIVING DOWN THAT NOBODY RECOGNIZES, EVERYBODY GETS ON FACEBOOK OR FACETIME OR WHATEVER THEY CAN BECAUSE WE'RE, WE'RE VERY CLOSE BY OPENING UP OUR COMMUNITY AT THE BACK END OF IT, UM, AT THE CONVENIENCE OF A NEW DEVELOPMENT THAT'S GOING TO HINDER UNDER WHAT WE ALREADY HAVE IN PLACE WITH OUR FAMILIES, OUR CHILDREN.
UM, I THINK IT'S NOT A GOOD THING.
UM, I'M THE, I'M ON, I'M THE PRESIDENT OF THE, OF THE BOARD OF THE HOA MS VIRGINIA IS ALSO ON THE BOARD.
WE HAVE ANOTHER BOARD MEMBER IN THE BACK.
AND WE'RE VERY CONCERNED ABOUT HOW THIS IS GOING TO NEGATIVELY IMPACT OUR COMMUNITY.
UM, I DON'T, I DON'T KNOW WHAT ELSE TO SAY EXCEPT PLEASE CONSIDER HOW THIS IS GONNA AFFECT ALL OF US.
WE'RE TRYING TO LIVE, WE'RE TRYING TO DO THE BEST THING FOR OUR CHILDREN, AND THIS IS NOT THE BEST THING FOR THEM, IN MY OPINION.
UH, MR. MUNOZ, WERE YOU THE ONE WHO, WHO, WHO NOTIFIED THESE FOLKS AND LED THIS GREAT TURNOUT THIS EVENING AS PRESIDENT OF THE HOA? IT'S, UM, WITH, WITH OUR COMMUNITY, IT'S A COMMUNITY INVOLVEMENT.
WE, WE ALL TALK TO EACH OTHER.
IT WASN'T JUST ME, IT'S ONE PERSON SAW SOMETHING AND IT SPREAD LIKE WILDFIRE.
AND SO HALFWAY THROUGH THE DAY TODAY, WE WERE ALL COMMITTED.
I LEFT WORK EARLY, I WORK IN THE AUTOMOTIVE INDUSTRY AS WELL.
UM, I'M A SALES MANAGER, SO YOU KNOW HOW THAT'S A BIG NO-NO FOR ME TO LEAVE BEFORE FIVE O'CLOCK.
I'M VERY, UM, UM, I'M A PROCESS DRIVEN PERSON AS YOU KNOW.
UM, AND I LOOK AT THE BIG PICTURE AND WHEN I SEE A MAJOR PROBLEM, IT'S A PROCESS THAT'S BROKEN.
I HAVE TO DO EVERYTHING I CAN TO FIX IT.
SO WE HAVE A BIG TURNOUT BECAUSE THAT'S WHO WE ARE.
ALRIGHT, WELL THANK YOU WILL, THANK YOU.
I MENTIONED EARLIER MR. KELLER WAS DOWN THERE ON SEVERAL ISSUES JUST LIKE YOU, MR. MUNOZ, AND NOW HE SITS UP HERE.
UM, SO IF YOU WANT TO CONTINUE TO BE INVOLVED, YOU OR SOMEONE IN YOUR NEIGHBORHOOD, MY SEAT BECOMES VACANT A YEAR FROM NOW,
SO YOU MIGHT WANNA KEEP THAT IN MIND.
ANYONE ELSE WHO WANTS TO SPEAK? YES MA'AM.
HI, MY NAME IS KATHY SWARTZ AND I'M THE BETTER HALF OF ALVIN SWARTZ.
AND WE LIVE AT 1 6 9 HAMPTON COVE.
AND I JUST WANNA TELL YOU THAT I'M VERY PROUD OF OUR COMMUNITY FOR COMING, UH, AND TO SPEAKING TO Y'ALL TONIGHT.
WHAT I WOULD LIKE TO DO IS, AFTER HEARING NOT EVERYBODY, UH, SPEAK, IS ACTUALLY INVITE Y'ALL WHEN Y'ALL LEAVE THIS EVENING FROM HERE TO DRIVE THROUGH OUR NEIGHBORHOOD.
UH, I THINK WHAT YOU'LL NOTICE IS THAT OUR, OUR STREETS, BECAUSE THEY'RE SO NARROW, THEY'RE, IT'S ALMOST LIKE A JIGSAW.
YOU HAVE TO KIND OF GO LIKE THIS ALL THE WAY THROUGH IN THE EVENING WHEN ALL THE CARS, BECAUSE AS YOU MENTIONED BEFORE, BEING A ONE CAR GARAGE, ALMOST EVERYBODY PARKS ON THE STREET GIVEN A 30 FOOT WIDE STREET.
I JUST CAN'T IMAGINE WITH EVERYBODY'S CARS PARKED ALL DOWN HOW THAT TRAFFIC IS GOING TO MANEUVER THROUGH THOSE STREETS.
AND SO I ENCOURAGE ALL THIS EVENING AS YOU GO HOME, PERHAPS DRIVE THROUGH OUR NEIGHBORHOOD, YOU'LL GET A CLEAR UNDERSTANDING OF WHAT WE
[00:35:01]
ARE ALL TRYING TO PROPOSE TO YOU.THANK YOU VERY MUCH MS. SCHWARTZ.
AND, AND I WILL THANK YOU, THE KIND INVITATION, BUT I'D REALLY BE SURPRISED IF ANYONE UP HERE HASN'T DRIVEN HAMPTON AWAY ALREADY.
IN THE EVENING THOUGH, WHEN EVERYBODY'S HOME FROM WORK, I, IT, IT, IT IT'S ACTUALLY A LITTLE BIT, UH, MORE I HAVE, I HAVE.
UM, AND I, THE REASON I HAD BOTH, BOTH COMMISSIONER BURN AND COMMISSIONER KELLER TALK ABOUT THEIR PAST AND EXPERIENCE IS BECAUSE YOU ALL COULD GET A SENSE OF HOW PREPARED THEY WERE, NOT ONLY FOR WHAT THEY DO DAY TO DAY, LIKE EVERYONE ELSE HAS A DAY JOB, BUT THEY PREPARED FOR THIS MEETING AS WELL.
AND I'M SURE THEY BOTH DROVE HAMPTON WAY AS WE ALL DID BEFORE COMING HERE THIS EVENING.
ANYONE ELSE WHO'D LIKE TO SPEAK? IF YOU'RE HERE, NOW'S THE TIME.
I'LL ASK YOU AGAIN, UH, WHEN THE ITEM COMES BEFORE US IF YOU WANNA SPEAK THEN ANYONE ELSE AT THE MOMENT.
OKAY, WELL, WHAT I'D LIKE TO DO BEFORE WE TAKE ON CONSENT AGENDA ITEMS WITH THE CONCURRENCE OF MY COLLEAGUES, I'D JUST LIKE TO PULL THIS ITEM FORWARD, ITEM SEVEN A SINCE ALL THESE FOLKS WHO COME HERE THIS EVENING, LET'S NOT MAKE THEM WAIT.
[7.A. Public Hearing on a proposed zoning change request from a HOL-Interim Zoning District to R3-D - Duplex Residential Zoning District within the SIC - Scenic Interstate Corridor Overlay District for a 6.46 acre tract of land, located at 727A Johns Road.]
SO IF WE CAN HAVE THE STAFF PRESENTATION ITEM SEVEN A AND WE'LL TAKE UP THAT MATTER NOW.UM, I'M SURE I CAUGHT YOU BY SURPRISE.
ALRIGHT, SO I AM FRANKIE LINDER.
I'M WITH OUR PLANNING DEPARTMENT HERE WITH THE CITY OF BERNIE, AND THIS ITEM IS WHAT ALL OF OUR COMMENTS ARE ABOUT.
IT'S TO HOLD A PUBLIC HEARING TO CONSIDER REZONING THIS PROPERTY FROM HOLDING DISTRICT TO R 3D AT 7 27 A JOHNS ROAD.
SO THIS DOES ALIGN WITH THE CITY OF BERNIE STRATEGY MAP BY PROVIDING QUALITY CUSTOMER EXPERIENCES, COLLABORATING WITH COMMUNITY PARTNERS AND ADVANCING MASTER PLAN RECOMMENDATIONS.
SO BEFORE WE STEP FORWARD INTO OUR TYPICAL PROCEDURE FOR THIS, I WANNA TAKE A STEP BACK AND TALK ABOUT WHAT OUR DEVELOPMENT PROCESS IS AS A QUICK REMINDER FOR Y'ALL AS WELL AS FOR EVERYBODY IN OUR AUDIENCE.
UM, THIS IS NOT A ONE STEP PROCEDURE.
IT IS FAIRLY COMPLICATED AND IT INVOLVES MANY DIFFERENT GROUPS TO HAVE OVERSIGHT.
UM, AND SO WHAT WE HAVE HERE IS WE'RE OVER HERE ON THIS SIDE RIGHT NOW.
THIS PROPERTY IS CURRENTLY NOT INSIDE CITY LIMITS.
SO THEY HAVE REQUESTED ANNEXATION.
AND SO WE ARE TAKING THEIR ANNEXATION AND THEIR ZONING TOGETHER CONCURRENTLY.
SO BOTH OF THESE ARE ULTIMATELY DECIDED BY CITY COUNCIL.
PNC PROVIDES A RECOMMENDATION, BUT IT IS CITY COUNCIL THAT MAKES THAT FINAL DECISION.
UM, AND THIS IS PRETTY FAR OUT THROUGH THE DEVELOPMENT PROCESS.
WE DON'T HAVE ALL THE DETAILS IN PLACE YET.
THIS IS WHAT WE CALL LEGISLATIVE ACTIONS.
THIS IS SOMETHING THAT CITY COUNCIL ULTIMATELY GETS TO DECIDE FOR THIS.
SO AS WE PROGRESS, IF THIS IS APPROVED, UH, BY CITY COUNCIL, THE NEXT STEP WOULD BE MORE LIKE PRESERVATION.
THIS WILL NEED TO GO TO OUR HISTORIC LANDMARK COMMISSION AS WELL AS THE TEXAS HISTORIC COMMISSION.
ANY VARIANCES, UM, WOULD COME BACK BEFORE THIS BOARD FOR YOUR APPROVAL.
THE PLAT ITSELF WOULD HAVE TO COME BACK TO THIS BOARD FOR YOUR APPROVAL.
AND THEN OF COURSE, LAST THING, WHEN DIRT STARTS TO GET MOVING, THAT'S WHEN IT'S GONNA BE PERMITS, AND THAT'S THE ADMINISTRATIVE ACTION.
SO THAT IS WHEN STAFF COMES IN AND HANDLES IT WITHOUT OUR COMMUNITY BODIES.
SO I JUST WANTED TO TAKE A STEP BACK AND GO OVER THIS.
THIS IS SOMETHING THAT WE HEARD COME UP, UM, WITH THE BIRCHES AT SPENCER RANCH.
UH, IF YOU RECALL, THE ISSUE WITH THAT IS THE PLAS WERE APPROVED AND THEN THE REZONING HAPPENED.
SO WE HEARD YOUR CONCERN WITH THAT AND THAT IS WHY WE'RE MAKING SURE TO DO IT IN THIS ORDER FOR THIS CASE.
WE'RE LOOKING AT THE ZONING AND THEN WE'LL GO MORE INTO THE DETAILS AND MORE THINGS WILL GET FLUSHED OUT AS IT PROGRESSES.
SO HERE IS THE AREA IN QUESTION.
IT IS LOCATED AT 7 27 A JOHNS ROAD.
IT IS APPROXIMATELY 6.46 ACRES.
THE APPLICANT IS CARTER FIELD HOF, UH, WITH CENTER LINE ENGINEERING AND CONSULTING.
AND THE PROPERTY OWNER OWNER IS DENNIS FANELLI.
THE CURRENT USE IS, THERE IS A HISTORIC STRUCTURE ON SITE.
UM, IT IS NOT AN OPERATION, IT'S JUST KIND OF SITTING THERE.
UH, I ALSO WANTED TO REMIND, UH, THIS GROUP THAT THE APPLICANT DID COME FORWARD FOR A DISCUSSION, UH, TO TALK ABOUT THE FUTURE LAND USE MAP AND THE REZONING OF THIS PROPERTY A COUPLE OF MONTHS AGO.
UH, SO A LOT OF THIS WILL BE PRETTY FAMILIAR
[00:40:01]
FROM THAT.SO SPEAKING OF FUTURE LAND USE MAP, UH, WE ALSO CALL IT FLUME.
WE LOVE ACRONYMS AND PLANNING.
SO FLUME OR A FUTURE LAND USE MAP IS A, IS A GUIDING DOCUMENT THAT GETS APPROVED BY THIS BOARD AS WELL AS BY CITY COUNCIL.
AND IT'S, IT'S, IT'S THE ROOF OVER WHAT ZONING IS.
IT IS A GUIDING DOCUMENT TO HELP DETERMINE WHAT ZONING FOR PROPERTIES SHOULD BE AND HOW THE CITY SHOULD GROW.
SO EVERY PROPERTY INSIDE CITY LIMITS AND OUR ETJ HAS A FLUENT CATEGORY, WHICH IS WHY THIS PROPERTY HAS ONE.
SO THIS PROPERTY IS TRANSITIONAL RESIDENTIAL.
THAT'S WHAT THIS ORANGE COLOR IS.
HERE'S WHERE WE'RE LOOKING TO THE NORTH.
IT'S ALSO THIS TRANSITIONAL RESIDENTIAL TO THE EAST.
IT IS ALSO TRANSITIONAL RESIDENTIAL AS WELL AS PUBLIC AND INSTITUTIONAL.
THAT IS THE, UH, THE SCHOOL TO THE SOUTH.
WE HAVE A LITTLE BIT OF, UH, TRANSITIONAL, UH, RESIDENTIAL, BUT ALSO THIS YELLOW IS NEIGHBORHOOD RESIDENTIAL.
AND THAT IS, UM, THE VILLAS AT HAMPTON COMMUNITY.
AND HERE ON THE WEST IS OUR AUTO ORIENTED COMMERCIAL.
SO WHAT IS TRANSITIONAL RESIDENTIAL? SO THESE AREAS ARE DESIGNED FOR HIGHER DENSITY HOUSING WITH A MIX OF HOUSING TYPES.
THEY SHOULD BE DISTINCT FROM LOWER DENSITY, UH, NEIGHBORHOOD RESIDENTIAL, WHICH IS THE YELLOW.
THESE AREAS SHOULD BE AUTO ORIENTED WITH, UH, STREETS, DRIVEWAYS, PARKING, AND GARAGES AS DOMINANT FEATURES.
UM, AND THEY SHOULD SERVE AS A BUFFER BETWEEN THE NEIGHBORHOOD RESIDENTIAL, WHICH IS THE LOWER INTENSIVE SINGLE FAMILY AND MORE INTENSIVE NON-RESIDENTIAL USES, SUCH AS THE COMMERCIAL OR THE MULTIFAMILY.
PRIMARY LAND USES IN TRANSITIONAL RESIDENTIAL IS SINGLE FO, EXCUSE ME, SINGLE FAMILY ATTACHED MULTIFAMILY PERSONAL CARE AND PARKS SECONDARY INCLUDE ASSEMBLY USE SUCH AS A CHURCH, SINGLE FAMILY DETACHED BED AND BREAKFAST AND ACCESSORY DWELLING UNITS.
SO NOW LET'S TAKE A LOOK AT THE ZONING IN THE AREA.
SO AGAIN, THIS PROPERTY IS CURRENTLY NOT INSIDE CITY LIMITS.
SO YOU'LL SEE ON HERE THERE'S NO ANNEXATION.
ONCE IT IS ANNEXED, IT WILL AUTOMATICALLY BE ZONED INTO THAT INTERIM HOLDING.
UM, BECAUSE WE TRY TO ALIGN THE ZONING AND THE ANNEXATION TOGETHER.
IT WILL BE HOLDING FOR, YOU KNOW, AS QUICK AS IT TAKES CITY COUNCIL TO PASS THE NEXT, UH, ITEM.
UM, BUT HERE TO THE NORTH WE HAVE R FOUR OWL, WHICH IS LOW DENSITY MULTIFAMILY RESIDENTIAL.
THAT IS RIGHT HERE TO THE EAST.
WE HAVE CIVIC, AND THAT'S AGAIN WHERE THE SCHOOL IS TO THE SOUTH.
IT IS R TWO M, WHICH IS MODERATE DENSITY RESIDENTIAL.
AND IT DOES LOOK LIKE IT'S TWO DIFFERENT COLORS ON THIS MAP.
HOWEVER, THE ENTIRE COMMUNITY IS ZONED THAT R TWO M.
AND THE REASON IT LOOKS DIFFERENT IS BECAUSE OF THIS PINK, UM, COLOR THROUGH HERE.
AND THAT IS WHAT'S CALLED THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.
UM, THIS WILL ALSO APPLY TO THIS PROPERTY YOU CAN SEE IN PINK WHEN IT IS ANNEXED.
AND TO THE WEST IS C3, WHICH IS OUR COMMUNITY COMMERCIAL, WHICH IS A FAIRLY HIGH COMMERCIAL CATEGORY.
ALL RIGHT, HERE IS OUR ENVIRONMENTAL CONSTRAINTS MAP.
SO THIS PROPERTY DOES HAVE A DPZ ONE, UH, THAT'S DRAINAGE WAVE PROTECTION ZONE ONE AND TWO THAT CROSSED THE CENTER OF THE PROPERTY.
SO THAT IS SHOWN HERE IN THE PURPLE APPROXIMATELY.
UM, THE FINAL LOCATION SIZE AND ALL OF THAT IS DETERMINED DURING THE PLATTING PROCESS AND IT WILL BE MARKED ON THE PLAT.
THERE ARE SOME OTHER CONSTRAINTS ON THIS PROPERTY, UH, INCLUDING LIMITED RIGHT OF WAY ACCESS.
SO HAMPTON WAY IS DOWN HERE ON THE SOUTH SIDE.
UM, HERE ALONG THE WESTERN BOUNDARY IS THAT PRIVATE ACCESS EASEMENT.
UH, THIS IS A PRIVATE EASEMENT.
AND THERE IS A HISTORIC STRUCTURE ON SITE.
UM, WE'LL GO A LITTLE MORE INTO DETAIL ABOUT ALL OF THIS.
SO HERE IS THE, UH, WE, WE KIND OF SHIFTED A LITTLE.
SO NOW NORTH IS POINTING THIS WAY.
HERE WE HAVE JOHNS ROAD AND INTERSTATE 10 IS DOWN HERE.
SO WE KINDA SHIFTED, UH, IN GREEN IS THE PROPERTY THAT WE'RE TALKING ABOUT TONIGHT.
AND HERE IN THIS ORANGEY BROWN COLOR THAT IS THE PRIVATE ACCESS EASEMENT, THIS IS A 30 FOOT WIDE ACCESS EASEMENT.
UM, IT IS PRIVATE, UH, AND THE PROPERTY OWNER HAS PROVIDED DOCUMENTATION SHOWING A 20 FOOT, EXCUSE ME, 25 FOOT WIDE ACCESS POINT THAT CAN BE PLACED ALONG THIS BOUNDARY.
BUT IT'S ONLY 1 25 FOOT WIDE ACCESS POINT.
[00:45:03]
HERE IS THE PLAT FOR VILLAS AT HAMPTON PLACE, UNIT TWO.SO THIS IS ON THE SOUTH OF THE PROPERTY.
IT'S A LITTLE HARD TO SEE, SO WE'LL ZOOM IN HERE IN A SECOND.
UH, THIS IS ACTUALLY A-P-U-D-A PLAN UNIT DEVELOPMENT THAT WAS APPROVED BY THE PLANNING AND ZONING COMMISSION BACK ON OCTOBER 6TH, 2003.
SO IT'S A LITTLE OVER 20 YEARS OLD AT THIS POINT.
THE RIGHT OF WAYS, THE, THE RIGHT OF WAYS IN THIS NEIGHBORHOOD ARE 50 FEET WIDE AND THE DEVELOPED WIDTH OF THE ROAD IS ONLY 30 FEET.
SO THAT WAS A BIG PART OF THE PUD.
SO THEY ARE NARROWER AT THAT TIME.
OUR CURRENT STANDARDS ARE 34 FEET.
THIS IS THE PROPERTY THAT WE'RE LOOKING AT TONIGHT.
AND YOU CAN SEE IT HAS 84.76 FEET OF FRONTAGE ON HAMPTON WAY.
SO EVEN THOUGH WHEN YOU LOOK AT THE PROPERTY THROUGH AERIAL, THE CUL-DE-SAC DOESN'T QUITE CONNECT TO THIS PROPERTY THE RIGHT OF WAY ITSELF DOES.
ALL RIGHT, SO THIS IS A DRAFT PROPOSAL.
I DO WANNA STATE THAT AGAIN, IF YOU THINK BACK TO THAT FIRST SLIDE.
WE ARE UP HERE AND WITH OUR LEGISLATIVE ACTION AS WE GO DEEPER, THESE THINGS WILL GET NAILED DOWN AND SETTLED.
BUT THIS WILL NOT BE THE FINAL DESIGN.
IT WILL END UP LOOKING AT LEAST A SLIGHTLY DIFFERENT.
SO THIS PROPOSAL WILL REQUIRE FULL REVIEW BY THE DEVELOPMENT TEAM HERE WITH CITY STAFF.
UM, THERE ARE SOME CONCERNS WITH RIGHT AWAY ACCESS FROM STAFF AS WELL AS FROM THE COMMUNITY.
AS WE'VE HEARD TONIGHT, UM, SINCE THIS CAME BEFORE THE PLANNING AND ZONING COMMISSION TWO MONTHS AGO, THEY DID REDUCE THE NUMBER OF LOTS.
UM, THEY HAD PRESENTED 34, SO NOW THEY PULLED IT DOWN TO 30 AND ARE PROPOSING A LITTLE REARRANGEMENT.
UM, AS YOU CAN SEE, OF COURSE, THIS HAS NO ACCESS ONTO HAMPTON WAY.
THE PRO, UH, EXCUSE ME, THE PROPOSED ACCESS HERE ON THE WEST SIDE AS WELL AS THE POSSIBLE, UM, ACCESS THROUGH THE BISD PROPERTY ARE BOTH STILL PROPOSED.
THEY WILL HAVE TO BE FINALIZED DURING THE PLATTING PROCESS.
EXCUSE ME, I'M GONNA GRAB MY WATER REAL QUICK.
UH, SO NOW LET'S TALK ABOUT WHAT THE ZONING DISTRICTS ARE.
UM, THESE ARE WHAT, WHAT WE'RE LOOKING AT HERE IS R 3D IS WHAT THEY'RE PROPOSING TONIGHT HERE IN THIS BUTTER YELLOW.
THE R TWO M IS WHAT THE NEIGHBORHOOD TO THE SOUTH IS ZONED.
AND THEN HERE ON THE RIGHT SIDE, THOSE ARE MORE, UH, INTENSE MULTIFAMILY AND RESIDENTIAL DISTRICTS.
SO R TWO M IS ON THE LESS RESTRICTIVE, UH, RESTRICTIVE SIDE.
AND THEN WE GO UP TO THE MORE RESTRICTIVE SIDE.
OF COURSE HOLDING IS WHAT IT WILL BE TEMPORARILY.
UM, HIGHLIGHT AND BLUE ARE THE DIFFERENCES.
THERE'S NOT A WHOLE LOT OF DIFFERENCES BETWEEN R TWO M AND R 3D.
UM, BOARDING HOUSES ARE ALLOWED BY RIGHT DUPLEX ARE ALLOWED BY RIGHT.
UH, LIVE WORK UNITS ARE ALLOWED.
BUT WITH AN SUP, WHICH HAVE TO BE APPROVED BY, EXCUSE ME, RECOMMENDED BY THIS BODY AND APPROVED BY CITY COUNCIL, IT ALSO ALLOWS MULTI-UNIT DWELLINGS BY RIGHT? AND THAT'S A LOWER DENSITY, THAT'S THREE TO FOUR UNITS ON LOT.
AND IT DOES PERMIT THE SINGLE FAMILY DWELLING ATTACHED BY RIGHT VERSUS R TWO M, REQUIRING THAT SUP.
SO THERE ARE A FEW DIFFERENCES AND HERE ARE OUR DIMENSIONAL STANDARDS.
SO EVERY DISTRICT NOT ONLY SAYS WHAT USES ARE ALLOWED, BUT IT SAYS, UM, MINIMUM AND OR MAXIMUM.
SO AGAIN, WE'RE LOOKING AT THAT BUTTER YELLOW.
THE R TWO M IS WHAT THE NEIGHBORHOOD TO THE SOUTH IS.
SO THERE'S AGAIN, A FEW DIFFERENCES HERE.
SO THE MINIMUM LOT SIZE IS A LITTLE SMALLER.
UM, THE LOT FRONTAGE IS A LITTLE BIT SMALLER.
IT'S 35 FEET INSTEAD OF 40 OR 45 VERSUS 50 IF IT'S A CORNER LOT.
UM, THERE IS NO MAX DENSITY PER ACRE.
WE'LL GO A LITTLE MORE INTO THAT HERE IN A MINUTE.
FOR THE DUPLEX, THE HEIGHT, MAXIMUM HEIGHT ARE THE SAME FOR BOTH NEIGHBORHOODS.
THEY'RE BOTH 35, EXCUSE ME, BOTH ZONING DISTRICTS 35.
THE MINIMUM FRONT YARD SETBACK IS 15 FEET FOR BOTH DISTRICTS.
WITH THE GARAGE IT INCREASES TO 25.
THE MINIMUM SIDE YARD IS ZERO FOR DUPLEX.
AND THAT'S BECAUSE THEY HAVE THAT PARTY WALL WHERE THEY SHARE, WHERE THEY'RE NOT SHARING A WALL.
IT IS THE FIVE FEET WHICH MATCHES THE R TWO M.
UM, IF THERE'S NO ALLEY, WHICH IS WHAT'S PROPOSED AS WELL AS UH, HAMPTON, UM, THE REAR SETBACK IS 20 FEET VERSUS 15.
[00:50:01]
THEN WHEN WE GET TO THESE HIGHER DENSITY, UM, MEDIUM TO HIGHER DENSITY RESIDENTIAL, WE HAVE SOMETHING CALLED A COMBINED FRONT YARD AND REAR YARD.SO FOR R 3D IT HAS TO BE 50 FEET.
SO IF THEY'RE DOING A GARAGE, THEY HAVE TO HAVE THE, UH, FRONT SETBACK AT LEAST 25 FEET.
THE REAR SETBACK HAS TO BE AT LEAST 20, BUT BECAUSE OF THE COMBINATION IS 50, THEY HAVE TO ADD THAT EXTRA FIVE FEET SOMEWHERE SO THEY CAN SPLIT THE DIFFERENCE BETWEEN THE FRONT YARD AND THE REAR YARD WHERE THEY CAN PUT IT ALL IN THE FRONT OR ALL IN THE REAR.
UM, I DO WANNA POINT OUT REALLY QUICK, SINCE IT WAS SOMETHING THAT WAS BROUGHT UP.
UM, THE PUD UM, FOR VILLAS AT HAMPTON, UM, NOT ONLY ALLOWED A, A MORE NARROW ROAD TO BE DEVELOPED, BUT IT REDUCED THE SETBACK, UH, DOWN TO 10 FEET.
SO THAT'S PARTLY WHY THEY SEE THAT PARKING ON THE STREET SO HEAVILY 'CAUSE THEY WERE ALLOWED TO BUILD THE, THE STRUCTURES CLOSER TO THE ROAD.
OKAY, SO IT'S TIME FOR SOME MATH, IT'S COLOR CODED.
SO WHAT WE HAVE HERE IS OUR TOTAL PROPERTY SIZE, WHICH IS 6.46 ACRES, ORANGE SQUARE FEET.
AND WE ARE SUBTRACTING THE LAND FOR THAT DPZ, THAT DRAINAGE WAY PROTECTION ZONE BECAUSE YOU CANNOT DEVELOP IN IT.
AND WE ARE SUBTRACTING STORMWATER RETENTION SLASH UH, LI ZONE AND RIGHT OF WAY THAT IS BEING PROPOSED, WHICH ADDS UP TO 2.2 ACRES.
AND WE'RE DIVIDING THAT BY THE MINIMUM LOT SIZE, WHICH IS THAT 3,500 SQUARE FEET.
AND WITH THAT, THE MAXIMUM NUMBER OF DWELLING UNITS THEY COULD HAVE IS 33.83.
UM, YOU KNOW, IF THERE'S A LITTLE CHANGE WITH THE RIGHT OF WAY OR ANYTHING LIKE THAT, UM, YOU KNOW, MAYBE IT COULD FLEX ONE OR TWO UNITS, BUT THAT'S WHAT'S GOING TO BE RESTRICTING THE DENSITY IN THIS DISTRICT.
IT'S NOT THAT THAT MAX, YOU KNOW, DWELLING UNITS PER ACRE.
IT'S GOING TO BE THE DEVELOPMENT RESTRICTIONS BECAUSE ULTIMATELY THE ZONING DISTRICT IS DESIGNED TO, TO FEEL LIKE A NEIGHBORHOOD AND NOT BE MULTIFAMILY.
ALL RIGHT, SO NOW WE'RE GONNA GO INTO SOME OF OUR KEY FINDINGS AND ANALYSIS.
UM, SO THE UNIFIED DEVELOPMENT CODE SAYS THAT THIS COMMITTEE NEEDS TO CONSIDER, UH, FIVE DIFFERENT ITEMS WHEN REZONING PROPERTY.
SO WE'LL GO THROUGH ALL FIVE OF THOSE ITEMS. THIS IS ALSO IN YOUR A IS PACKET.
SO FIRST IS COMPATIBILITY AND CONSISTENCY WITH THE COMPREHENSIVE MASTER PLAN.
UM, THE, THE FLUME IS A COMPONENT OF THE COMPREHENSIVE MASTER PLAN.
SO, UH, STAFF DOES BELIEVE THAT THE DUPLEX LAND USE IS APPROPRIATE IN THE TRANSITIONAL RESIDENTIAL DISTRICT.
UM, SINCE THESE AREAS ARE DESIGNED TO BUFFER BETWEEN LOWER INTENSITY RESIDENTIAL USES AND HIGHER INTENSITY USES.
AND THEN WHAT I HAVE HERE IS A COUPLE OF QUOTES FROM OUR MASTER PLAN GOALS AND OBJECTIVES, UM, TO DIVERSIFY HOUSING AND EMPLOYMENT OPPORTUNITIES THROUGH A FOCUS ON THE CHARACTER AND QUALITY OF DEVELOPMENT AND REDEVELOPMENT AROUND BURNING FOSTER.
THE DEVELOPMENT OF NEW NEIGHBORHOODS COMPRISED OF DIVERSE AND QUALITY HOUSING OPTIONS.
AND THAT INCLUDES, UH, RANGE OF PRICES, SIZE, DESIGN PREFERENCES TO MEET THE NEEDS OF A GROWING WORKFORCE AND MULTI-GENERATIONAL LIFECYCLE COMMUNITY.
THE SECOND COMPONENT TO CONSIDER IS COMPATIBILITY WITH SURROUNDING LAND USES.
UH, SO STAFF DOES BELIEVE THAT THE ZONING IS COMPATIBLE WITH THE CURRENT AND FUTURE DEVELOPMENT IN THE AREA.
HERE'S A TABLE, UM, OF THE ADJACENT CATEGORIES AND THEIR, THEIR USES.
SO I WON'T GO OVER ALL OF IT AGAIN 'CAUSE WE ALREADY DID, BUT NOW IT'S IN A HANDY LITTLE CHART.
UH, BUT TO THE NORTH WE HAVE THAT MULTIFAMILY TO THE EAST, WE HAVE THE SCHOOL TO THE SOUTH VILLAS AT HAMPTON PLACE AND TO THE WEST IT'S VACANT, BUT IT WILL BE COMMERCIAL ALONG I TEN THIRD IS INFRASTRUCTURE.
SO THIS PARCEL HAS ACCESS TO A RIGHT OF WAY ON ITS SOUTHERN BOUNDARY THAT IS THAT HAMPTON WAY, THAT LOCAL NEIGHBORHOOD STREET.
IT DOES HAVE THAT 84 FEET OF FRONTAGE ON THAT STREET ALREADY.
THEY ALSO HAVE THE PRIVATE ACCESS EASEMENT, UH, ROAD ALONG THE WESTERN BOUNDARY.
UH, ALTHOUGH THAT AGREEMENT ONLY ALLOWS FOR 25 FOOT WIDE ACCESS AT THIS TIME, UH, TO THE EAST, THEY HAVE, EXCUSE ME, THEY HAVE EXPRESSED INTEREST IN ORDER TO WORK WITH BISD TO EXPAND THEIR EASEMENT THERE TO GET A 26 FOOT, UM, ACCESS EASEMENT FOR EMERGENCY SERVICES ON THAT SIDE.
UM, SO THESE ARE THINGS THAT WILL BE DETERMINED AGAIN AS WE'RE GOING THROUGH THAT DEVELOPMENT
[00:55:01]
FLOW CHART.UM, AND IT WILL HAVE OVERSIGHT BY COMMUNITY GROUPS.
AS I SAID, ANY VARIANCES WILL COME BACK HERE AT THE PLAT, WILL COME BACK HERE FOR APPROVAL.
NEXT IS PRESERVATION OF HISTORICAL OR CULTURAL AREAS.
SO THIS PARCEL IS THE SITE OF LEX SANATORIUM, UH, WHICH IS A RECORDED TEXAS HISTORIC LANDMARK.
UH, ANY PROPOSAL TO MOVE OR MODIFY THE STRUCTURE WILL REQUIRE APPROVAL FROM THE TEXAS HISTORICAL COMMISSION, THE THC AS WELL AS THE CITY OF BERNIE'S HISTORICAL LANDMARK COMMISSION.
UM, THE APPLICANT OWNER IS AWARE OF THIS REQUIREMENT AND HAS EXPRESSED INTENT TO MOVE THE STRUCTURE BUT RETAIN IT ON SITE.
IF YOU RECALL, THEY WERE LOOKING TO LEAVE ONE OF THEIR LOTS A LITTLE LARGER AND HAVE IT THERE.
ONE OF THE CHANGES SINCE THEY CAME BEFORE YOU WAS TO HAVE IT MORE AS A COMMUNITY SPACE, UM, AND NOT AN OFFICE OR A HOME.
SO THIS PARCEL DOES HAVE A SIGNIFICANT, UH, DRAINAGE WAY PROTECTION ZONE RUNNING EAST WEST THROUGH IT.
UM, IT'S ESTIMATED TO BE ABOUT ONE ACRE IN SIZE.
UH, NO DEVELOPMENT WILL BE ALLOWED ON, UH, IN THIS DPZ.
THE ONLY THING THAT IS ALLOWED BY RIGHT IS TO ALLOW A ROAD TO CROSS IT PERPENDICULARLY.
UM, THAT'S WHAT THEY'RE PROPOSING AT THIS TIME.
SO, UM, AGAIN, HERE ARE THE FIVE ITEMS THAT THE UDC SAYS REZONINGS SHOULD, UH, BE CONSIDERED.
EXCUSE ME, THE FIVE THINGS THE UDC SAYS SHOULD BE CONSIDERED BY REZONINGS BY THIS BOARD.
SO THAT'S COMPATIBILITY AND CONSISTENCY WITH COMPREHENSIVE MASTER PLAN.
COMPATIBILITY WITH SURROUNDING LAND USES ADEQUATE INFRASTRUCTURE, UM, PRESERVATION OF HISTORICAL OR CULTURAL AREAS AND IN ANY ENVIRONMENTAL CONCERNS.
SO, UH, THIS PROPERTY DID HOLD A BURNING NEIGHBORHOOD DISCUSSION MEETING BACK IN JANUARY AND JANUARY 21ST.
UM, THERE WERE, UH, NOTIFICATIONS SENT VIA TEXT MESSAGE AND WE HAD THREE PEOPLE ATTEND.
UH, WE ACTUALLY NOTICED FOR TWO DIFFERENT PUBLIC HEARINGS.
UM, THEY HAD ONE SCHEDULED IN FEBRUARY AND IT WAS ULTIMATELY CANCELED.
HOWEVER, ALL THE NOTICES WERE ISSUED.
UM, FOR THIS EVENING, ALL OF THE NOTICES WERE ISSUED AS WELL.
UM, SO WE SENT NOTIFICATIONS TO EVERY PROPERTY OWNER WITHIN 500 FEET.
SO 74 NOTICES WERE MAIL, UH, MAILED EACH TIME, UH, AS WELL AS BEING POSTED IN THE PAPER.
AND OF COURSE HAVING THE SIGN ON SITE.
UH, AS OF THE TIME I WAS WRITING THIS, WE HAD RECEIVED EIGHT WRITTEN RESPONSES, UH, WITH I THINK, UH, FIVE OF THEM COMING IN TODAY.
SO THEY'RE PROVIDED, UH, IN PAPER IN FRONT OF YOU.
UH, SO THEY WERE NOT INCLUDED IN YOUR PACKET.
I WILL SAY THAT OF THESE EIGHT, ONE WAS, UH, SUBMITTED TWICE.
ONE PROPERTY OWNER SUBMITTED IN JANUARY AS WELL AS, UH, THIS MONTH.
SO BASED ON ALIGNMENT WITH THE COMPREHENSIVE OF MASTER PLAN IN COMPLIANCE WITH THE REQUIREMENTS OUTLINED IN THE UDC SECTION TWO FIVE C FIVE APPROVAL CRITERIA, UH, STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION ACCEPT THE FINDINGS AND RECOMMEND APPROVAL OF THE REZONING OF THE PROPERTY FROM INTERIM HOLDING ZONING DISTRICT TO DUPLEX RESIDENTIAL ZONING DISTRICT WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.
ALRIGHT, MS. LINDER SECOND, COMPLETE YOUR PRESENTATION.
UM, THE APPLICANT AND PROPERTY OWNER ARE HERE AS WELL, IF YOU HAVE ANY QUESTIONS FOR THEM.
I THINK AT THIS POINT THEN I'LL GO AHEAD AND OPEN THE PUBLIC HEARING.
AND, UH, MR. DANIEL WETZEL, THIS WILL BE YOUR TIME TO COME FORWARD AS THE FIRST ONE TO SPEAK DURING THE PUBLIC HEARING ON ITEM SEVEN A.
AND IF YOU'LL JUST GIVE ME A MOMENT, I WOULD LIKE TO ADDRESS THE, UH, RESIDENCE FROM THE VILLAS AT HAMPTON THAT SHOWED UP THIS EVENING.
I WANNA LET Y'ALL KNOW THAT AS, AS A PROFESSIONAL ENGINEER, MY FIRST RESPONSIBILITY IS PUBLIC HEALTH AND SAFETY.
AND I'VE HEARD ALL YOUR CONCERNS, UM, ABOUT THE TRAFFIC.
AND I CAN TELL YOU THAT FROM OUR STANDPOINT AS THE DESIGN FIRM WORKING WITH THE OWNER TO DEVELOP THIS PROPERTY, UM, THE OPTION TO ACCESS THROUGH THE VILLAS AT HAMPTON AND HAMPTON WAY IS ABSOLUTELY OUR LAST RESORT.
WE DO NOT WANT TO ACCESS IT THAT WAY.
UNFORTUNATELY, THE, WHEN THE PROPERTY GOT THE, UH, THE ACCESS EASEMENT THAT, UH, MS. LINDER MENTIONED ABOUT 20 YEARS AGO, THAT PROPERTY OWNER ALLOCATED 1 25 FOOT WIDTH SECTION THAT COULD ACCESS THAT ACCESS EASEMENT, WE CAN PICK ANYWHERE ALONG THAT WESTERN PROPERTY LINE TO SET THAT EASEMENT.
UM, AND SO WITH THAT, AFTER WE HEARD THE CONCERNS OF THE COMMISSION, UH,
[01:00:01]
BACK IN MARCH A COUPLE MONTHS AGO WHEN WE WERE HERE AND FOR A DISCUSSION POINT, WE TOOK THOSE BACK AND, AND WE REDESIGNED.AND YOU CAN SEE THE CURRENT ITERATION THAT, THAT MS. LINDER PRESENTED THIS EVENING HAS A CUL-DE-SAC RATHER THAN CONNECTING TO HAMPTON WAY.
I'M SURE MOST OF Y'ALL HAVE PROBABLY SEEN THE PREVIOUS ITERATION THAT DID GO THROUGH.
UM, WE, AFTER WE HEARD THE CONCERNS.
WE REDUCED THE NUMBER OF DWELLING UNITS DOWN TO REDUCE AND TO GET OUT OF THAT REQUIREMENT OF THE UDC REQUIRING TWO POINTS OF ACCESS.
AND SO WE ARE WORKING DILIGENTLY, BUT AS YOU CAN SEE, AND FROM MS. LINDER'S PRESENTATION, WE ARE LIMITED BY RIGHT OF WAY ACCESS.
THE ONLY ACTUAL RIGHT OF WAY ACCESS WE HAVE IS AT THE VILLAS AT HAMPTON PLACE THERE TO THE SOUTH AT UNIT TWO.
BUT WE WILL BE MOVING FORWARD, IF WE GET THE APPROVAL OF THE REZONING, WE'LL BE MOVING FORWARD WITH THE PLAT AND SEEKING A RIGHT OF WAY VARIANCE TO PROVIDE THAT ACCESS OFF OF THAT ACCESS EASEMENT FROM JOHNS ROAD OR THE ACCESS.
AND THEN FROM A FIRE MARSHAL STANDPOINT, IN ORDER TO PROVIDE EMERGENCY SERVICES, WE ARE, WE, WE HAVE MET WITH BERNIE, ISD, THEY DO NOT WANT PUBLIC ACCESS THROUGH THEIR SCHOOL PROPERTY FOR THE SAME REASONS Y'ALL HAVE, BUT THEY'RE MORE THAN, THEY WERE MORE THAN WILLING TO WORK WITH US TO PROVIDE EMERGENCY SERVICES ACCESS WITH A NOX BOX AND A GATE THAT WOULD ALLOW THE FIRE TRUCKS AND EMERGENCY ACCESS VEHICLES TO ACCESS THE PROPERTY FROM TWO POINTS.
AND SO I, I APPRECIATE EVERYBODY COMING OUT TONIGHT.
WE HAVE HEARD WHAT YOU'VE HAD TO SAY.
AND I CAN TELL YOU THIS IS NOT THE FIRST ITERATION.
I BELIEVE THE ITERATION ON THE SCREEN IS I'VE LOST COUNT.
I THINK THIS IS VERSION NINE OR 10 THAT WE'VE PRODUCED.
SO AS WE'VE BEEN AROUND THE BLOCK ON THIS, INITIALLY WE WANTED TO DO A U-SHAPE, I THINK ONE OF THE FIRST SPEAKERS MENTIONED THAT.
AND SO I DO APPRECIATE Y'ALL'S, Y'ALL'S COMMITMENT.
AND, AND THE LAST THING WE WANTED TO DO IS NEGATIVELY IMPACT THE COMMUNITY THAT Y'ALL HAVE BUILT THERE TO THE SOUTH.
AND SO I WANTED TO ADDRESS Y'ALL FOR A MOMENT.
TWO MONTHS AGO, APPROXIMATELY WE WERE HERE.
UH, WE HEARD THE, WE HEARD Y'ALL'S POINTS.
WE WENT BACK TO THE DRAWING BOARD.
AND, AND THIS IS WHAT WE'VE COME UP WITH IS, IS WE'VE REDUCED THE NUMBER OF UNITS, WE'VE REDUCED IT TO 29 DWELLING UNITS WITH ONE COMMUNITY SPACE.
WHAT THAT DOES IS FUNCTIONALLY FROM THE, FROM THE UDC PERSPECTIVE, THAT GETS US UNDER THAT REQUIREMENT TO PROVIDE TWO POINTS OF ACCESS TO RIGHT AWAY.
IF WE ARE ABLE TO SECURE THE, THE, THE REZONING.
WE LOOK FORWARD TO MOVING FORWARD AND WORKING WITH THE COMMISSIONER WITH STAFF IN ORDER TO SEEK A RIGHT OF WAY VARIANCE TO PROVIDE THAT ACCESS OFF OF THAT RECIPROCAL ACCESS EASEMENT, UH, THAT IS ON THE WEST SIDE OF THE PROPERTY.
UM, ANYONE OUT THERE WHO HASN'T SPOKEN YET ON THIS ITEM WHO'D LIKE, YES, SIR.
PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS.
UM, MY NAME IS RAMIRO GUERRERO AND I AM THE EXECUTIVE DIRECTOR FOR BURNING ISD.
I WAS INVITED TO THIS MEETING TO KIND OF OVERSEE WHAT, WHAT WAS GOING ON.
WE'VE HAD SOME CHANGES IN DIFFERENT, IN DIFFERENT, UH, UM, UH, POSITIONS THERE.
UH, TO THIS DATE, WE HAVE NOT, UH, WE HAVE NOT REALLY GOTTEN ANYTHING FROM THE DEVELOPER AS TO WHAT WE'RE GOING TO ADDRESS AS FAR AS AN EASEMENT TO THROUGH OUR PROPERTY.
THAT PROCESS IS A VERY LONG PROCESS BECAUSE WE, UH, WE ACTUALLY DON'T MAKE THOSE DECISIONS.
OUR BOARD OF TRUSTEES MAKES THOSE DECISIONS.
AND SO AT THIS POINT, I'M NOT SURE AT WHAT POINT WE WOULD BE BROUGHT INTO, UH, THE DISCUSSIONS.
AND I KNOW, UH, THERE WAS A DISCUSSION, BUT AT NO POINT DID WE EVER WANNA MAKE, MAKE ANYONE, UH, UH, OR GIVE THE IMPRESSION THAT THAT WAS A DONE DEAL.
THAT, THAT, THAT, THAT RIGHT OF WAY WAS GONNA GO THROUGH.
OUR PRIMARY CONCERN IS THE SAFETY OF OUR KIDS.
AND, UH, AS, AS FAR AS THE NOX BOXES, THINGS LIKE THAT ON EACH SIDE, UH, IF IT'S FOR EMERGENCY, WE HAVE NOT BEEN PRESENTED THAT OPTION.
SO, UH, A AGAIN, I JUST WANNA REITERATE THAT I KNOW IT'S AT PLATING THAT WE WOULD, UH, BE PRESENTED WITH THIS, BUT, UH, WE JUST WANNA MAKE SURE THAT WE AREN'T MOVING FORWARD THINKING THAT THIS IS A DONE DEAL WITH THE SCHOOL DISTRICT.
THERE IS A LOT TO LOOK AT AND HOW WE ARE GOING TO DECIDE WHETHER THAT EASEMENT IS, IS GRANTED.
THANK YOU FOR COMING DOWN ON BEHALF OF THE SCHOOL DISTRICT.
I KNOW COMMISSIONER BIRD SAID HE MOVED HERE WITH HIS TWO YOUNG CHILDREN TO PARTICIPATE AND BE A PART OF THE BERNIE SCHOOL DISTRICT.
MY SON JUST GRADUATED FROM BERNIE HIGH SCHOOL, UH, WHERE HE WAS VERY PLEASED TO BE A GRADUATE.
ALTHOUGH THE CEREMONY ACTUALLY TOOK PLACE IN TWO PARTS
BUT THANK YOU SO MUCH FOR COMING DOWN THIS EVENING.
[01:05:07]
UH, SO MY NAME IS AARON GRAVES.MY HUSBAND SPOKE EARLIER, CURTIS.
I LIVE AT 1 1 2 HAMPTON WAY, AND I WAS WITH THE KIDS, SO I DIDN'T HAVE A CHANCE TO COME UP HERE.
UM, I'M OPPOSING REZONING THIS, UH, THIS DEVELOPMENT BECAUSE I TRULY SEE NO WAY AROUND NOT USING HAMPTON WAY AS IT STANDS.
SEEING AS, AS HE MENTIONED, THE 25 FOOT OPENING.
BECOMING IN COMPLIANCE WITH THE 34 FOOT CODE IS NOT GUARANTEED.
UM, I UNDERSTAND THAT IT IS A LAST RESORT TO USE HAMPTON WAY, BUT IF THIS DEVELOPMENT IS APPROVED, IT IS A VERY REAL POSSIBILITY THAT HAMPTON WAY IS USED IN THIS DEVELOPMENT.
UM, BEYOND TRAFFIC AND SAFETY CONCERNS, UM, THERE ARE CRITICAL ZONING AND ACCESS ISSUES.
IF ZONING IS APPROVED, HAMPTON WAY COULD POTENTIALLY BE THE ONLY LEGAL ACCESS POINT TO THIS NEW DEV DEVELOPMENT.
THE ALTERNATIVE ACCESS POINT, AGAIN, IS, IS APPROVED FOR 25 FEET, BUT IS NOT IN COMPLIANCE WITH THE 34.
UM, GRANTING A VARIANCE TO ALLOW ACCESS THROUGH THIS UNDERSIZED OPENING WOULD PUT HAMPTON WAY OUT OF COMPLIANCE WITH CITY CODE, WHICH MEANS, UM, IT WOULD TRIGGER FIRE SAFETY IMPLICATIONS SUCH AS DESIGNATING ONE SIDE OF THE STREET FOR FIRE SAFETY, WHICH WOULD ELIMINATE PUBLIC PARKING ON ONE SIDE, WHICH IS IMPOSSIBLE FOR OUR NEIGHBORHOOD.
UM, I WANNA BRING UP SECTION THREE, ONE OF THE CITY OF BERNIE ZONING ORDINANCE, SPECIFICALLY D, LESS CONGESTION IN THE STREETS.
E SECURE SAFETY FROM FIRE, PANIC, AND OTHER DANGERS.
H FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, WATER, SEWAGE, SCHOOLS, PARKS, AND OTHER PUBLIC REQUIREMENTS.
UM, MAKING HAMPTON WAY THROUGH STREET WILL NOT REDUCE CONGESTION.
UM, AND EMOTIONALLY, IT, YOU KNOW, IT WILL CREATE, UH, IT'LL TURN OUR QUIET CUL-DE-SAC INTO A HIGH TRAFFIC SHORTCUT AS EVERYONE HAD MENTIONED.
SO I'LL, I'LL LET THAT ONE, UM, STAND.
BUT I RESPECTFULLY OPPOSE REZONING THIS DEVELOPMENT AT ALL TODAY.
UH, ARE YOU BY CHANCE AN ATTORNEY? IT'S OKAY TO ADMIT IT IF YOU ARE.
NO, I JUST, I, RESEARCH IS A WONDERFUL THING, SO
ALRIGHT, WELL THANK YOU FOR YOUR, UH, VERY DETAILED COMMENTS.
ANYONE ELSE WHO MAYBE HASN'T SPOKEN WHO WOULD LIKE TO ON THIS ISSUE DURING THE PUBLIC HEARING, YOU MAY COME FORWARD NOW IF YOU WOULD LIKE, THIS IS PROBABLY YOUR LAST CHANCE ON THIS ITEM BEFORE US ANYWAY.
JUST A SHOW OF HANDS, HOW MANY OF YOU'RE FROM THE HAMPTON WAY? HAMPTON COVE NEIGHBORHOOD? JUST, OKAY.
WELL THEN, THERE BEING NO FURTHER SPEAKERS, I'LL CLOSE THE PUBLIC HEARING AND MOVE TO, UH, COMMISSION, UH, DISCUSSION AND DELIBERATION.
WE'D LIKE TO GO FIRST ON THIS.
COMMISSIONER FRIAR, LADIES FIRST, FIRST TO THE RESIDENTS.
THANK YOU FOR COMING TODAY AND WE HEAR YOU AND WE APPRECIATE YOU AND WE APPRECIATE YOU SHARING.
AND THE WHOLE TIME I'M LISTENING TO YOU AND ABSORBING YOUR COMMENTARY.
I KEEP THINKING BACK TO WHAT ALL OF US LOVE ABOUT BERNIE AND HOW CAN WE KEEP BERNIE CHARMING.
AND IT'S YOU GUYS, IT'S YOU GUYS THAT ARE CHARMING.
AND THAT'S WHAT I ALWAYS SAY TO PEOPLE.
I'VE LIVED IN BERNIE ONLY 30 YEARS.
I'M NOT FROM HERE, BUT PEOPLE SAY, WELL, WHAT MAKES BERNIE CHARMING? AND IT'S US AND YOUR NEIGHBORHOOD AND THE WAY YOU LOVE EACH OTHER, AND YOU LOOK OUT FOR EACH OTHER.
AND, AND WE TAKE THAT VERY, VERY SERIOUSLY.
SO THANK YOU FOR TAKING THE TIME OUT OF YOUR EVENING AND AWAY FROM YOUR FAMILIES AND SPORTS AND DINNERS AND ALL THE THINGS TO, TO SHARE THAT WITH US.
UM, I HAVE DRIVEN THROUGH YOUR NEIGHBORHOOD AND I KNOW IT IS TIGHT.
UM, I APPRECIATE THE PERSPECTIVE OF BERNIE ISD BEING HERE THIS EVENING AS WELL.
SOMETIMES INFORMATION IS PORTRAYED ONE WAY OR INTENDED TO BE ONE WAY, BUT THIS IS A COMPLEX PARCEL OF OF PROPERTY AND THERE'S A LOT TO CONSIDER.
AND I WANT TO, AS I, I'VE GOT A MILLION NOTES HERE, BUT I WOULD AGREE WITH STAFF THAT DOES THE ZONING WORK FOR THE, THE USE MAPS AND ALL THE THINGS.
BUT THIS PIECE OF PROPERTY IS VERY UNIQUE 'CAUSE IT'S LANDLOCKED AND THAT'S NOT THE PROBLEM OF OUR COMMUNITY.
AND THAT'S NOT THE PROBLEM OF THIS NEIGHBORHOOD THAT IT WILL AFFECT SIGNIFICANTLY.
AND, AND I, I TAKE THAT VERY SERIOUSLY IN THIS CONVERSATION AND DECISION.
AND I GUESS I'D LIKE TO MAYBE FIRST UNDERSTAND FROM STAFF IS HOW IS THIS CUL-DE-SAC THE WAY IT'S BEEN FOR MANY YEARS? I GUESS FROM A LEGAL STANDPOINT, HOW IS THAT ABLE TO BE OPENED UP
[01:10:02]
BY, RIGHT? I KNOW THEY SAY IT'S A LAST RESORT TO USE IT, BUT THEY OBVIOUSLY HAVE ACCESS TO IT.SO HOW DOES THAT, HOW DOES THAT WORK FOR THE, FOR US TO UNDERSTAND AND FOR THE NEIGHBORS TO UNDERSTAND? 'CAUSE THAT'S OBVIOUSLY NOT WHAT THEY THOUGHT THEY PURCHASED, OF COURSE.
UH, AND THAT'S BECAUSE WHAT WAS CONSTRUCTED, UH, HAS THAT FULL CURB ALL THE WAY AROUND.
IT DOESN'T HAVE THAT DIRECT ACCESS TO THE STREET.
HOWEVER, THAT'S NOT SUPER UNCOMMON.
MOST OF THE TIME WHAT WE SEE IN A NEIGHBORHOOD OR ANY STREET IS WHAT'S DEVELOPED, EXCUSE ME, I'M A HAND TALKER,
YOU HAVE YOUR, YOUR ROAD, WHICH IN THIS CASE THE ROADS ARE DEVELOPED AT 30 FEET, BUT THE RIGHT OF WAY IS 50 FEET.
SO ON EITHER SIDE OF THE ROAD, YOU HAVE 10 FEET AND THAT'S WHERE YOUR SIDEWALK IS, THAT'S WHERE YOUR UTILITIES ARE.
BUT THAT IS STILL THAT PUBLIC RIGHT OF WAY.
AND THAT'S WHAT'S HAPPENING IN THIS CASE.
SO WHEN LAND IS PLATTED, SOMETHING THAT THE CITY IS CHARGED TO DO IS TO MAKE SURE THAT NO LAND IS PLATTED WITHOUT SOME KIND OF RIGHT OF WAY ACCESS.
WE ARE, WE TRY TO MINIMIZE, UH, AND, AND AVOID, UH, ANY LANDLOCKED SITUATION.
NOW, I WAS NOT HERE 20 YEARS AGO, UM, 22 YEARS AGO.
SO I'M NOT SURE WHAT THE STAFF WAS THINKING AT THAT TIME OR WHAT THE REQUIREMENTS WERE AT THAT TIME.
THEY'VE CHANGED DRASTICALLY OVER THE YEARS, ESPECIALLY OVER THE DECADES.
UM, BUT THIS PROBABLY MET THAT NEED AT THE TIME BECAUSE IT WAS A SINGLE FAMILY HOME THAT WAS THERE.
SO THIS WAS PROBABLY CONSIDERED, UM, SUFFICIENT ACCESS FOR THIS ROAD.
I'M SORRY FOR THIS PARITY PROPERTY.
SO ANY CUL-DE-SAC IN THE CITY LIMITS ANY ROAD.
IT'S NON-G GATED NEIGHBORHOOD.
IT'S LIKE, WHAT'S AN EXAMPLE? UM, YOU'RE IN AN OLDER AREA OF BERNIE.
SAY YOU'RE IN DOWNTOWN BERNIE, AND THERE'S A VACANT LOT THAT LAND HAS ACCESS TO THAT STREET.
IT HAS THAT PUBLIC STREET IN FRONT OF IT SO THEY CAN ACCESS IT IF THEY GO THROUGH THE PROPER REGULATIONS, MEET THE SPACING, ET CETERA, ET CETERA.
UM, THEN YES, THEY CAN ACCESS IT AND DEVELOP IT TO WHATEVER THE REST OF THE REGULATIONS ALLOW.
ANYTHING ELSE? COMMISSIONER FRIAR, I'M GONNA KEEP THINKING.
KEEP THINKING
IS IT, WOULD THIS BE INCLUDED IN THE CITY'S THOROUGH FAIR PLAN, MS. LINDER? UM, THE LOCAL STREET, UH, I BELIEVE OUR THOROUGH FAIR PLAN ONLY LOOKS AT COLLECTORS AND ARTERIALS NOT AT LOCAL STREETS.
UM, AND THEN WHENEVER WE REFERENCE HAMPTON COVE, THE 50 FOOT RIGHT OF WAY AND THE 30 FOOT ACTUAL ROAD, DOES THE, WOULD THE 50 FEET EVER BE UTILIZED TO EXPAND THE ROAD? I KNOW THERE'S A LOT TO CONSIDER.
I MEAN, I, I WOULD BE VERY SHOCKED IF THAT EVER HAPPENED BECAUSE THIS IS DEVELOPED.
UM, YOU DO SEE THAT HAPPENING ON, ON LARGER STREETS LIKE BANDERA OR MAIN STREET.
YOU'LL SEE THE ROAD EXPANDS AS NECESSARY.
UH, PERSONALLY I'VE NEVER SEEN THAT HAPPEN IN A RESIDENTIAL NEIGHBORHOOD.
UM, I DON'T, I I DON'T NECESSARILY HAVE ANY MORE QUESTIONS.
I, I WAS HERE FOR A PORTION OF THE PRESENTATION THAT WE HAD A COUPLE MONTHS AGO, AND MY NUMBER ONE CONCERN WAS NOW UTILIZING HAMPTON COVE, UM, AS A WAY TO ACCESS THIS PARCEL.
UM, THAT'S STILL MY NUMBER ONE CONCERN.
UM, IT'S, IT'S SOMEWHAT ALLEVIATING, I WOULD SAY, TO TO HEAR THAT IT'S A LAST RESORT OPTION, BUT I ALSO DON'T WANT TO PROGRESS THIS DEVELOPMENT OPPORTUNITY TO A POINT WHERE IT'S, YOU KNOW, IT'S THE LAST RESORT TODAY, BUT THEN, UM, IT BECOMES THE ONLY OPTION IN THE FUTURE.
AND SO WHENEVER I THINK ABOUT PREVIOUS SITUATIONS OR CASES THAT WE'VE LOOKED AT, INFRASTRUCTURE HAS BEEN A PART OF A CONSIDERATION.
AND I THINK THAT INFRASTRUCTURE IS, UM, ONE OF THE CONCERNS THAT WE HAVE TODAY FOR THIS DEVELOPMENT.
I CAN THINK OF SOME, YOU KNOW, OLD FREDERICKSBURG ROAD AREA WHERE INFRASTRUCTURE WAS A CONCERN, UM, OR CASCADE CAVERN, UM, IN THOSE PARTICULAR AREAS.
UM, SO, YOU KNOW, INFRASTRUCTURE THERE, THERE'S NOT A CLEAR ANSWER HERE.
ALSO, MS. LINDER, ANOTHER, ANOTHER QUESTION IN REGARDS TO ROAD.
YOU SPECIFICALLY STATED THAT, UM, THE PRIVATE EASEMENT WAS NOT A PUBLIC ROAD, UM, AND IT HAS 25 FOOT WIDE ACCESS.
WOULD YOU MIND CLARIFYING THE DIFFERENCE
[01:15:01]
BETWEEN A PRIVATE EASEMENT AND A PUBLIC ROAD? NOT ONLY FOR ME, BUT MAYBE FOR OTHERS IN THE ROOM, AND HOW THAT EASEMENT WOULD BE UTILIZED IF THE CUL-DE-SAC WAS NOT CONNECTED TO THIS DEVELOPMENT? SO PUBLIC RIGHT OF WAYS, UM, ARE SOMETHING THAT'S OWNED BY THE COMMUNITY.IT'S OWNED BY THE CITY, AND THEY ARE MAINTAINED BY THE CITY.
UH, ANY, ANY NEW, UH, PUBLIC RIGHT OF WAY THAT COMES IN NEEDS TO MEET OUR STANDARDS.
UM, IF YOU RECALL, THE HAMPTON WAY HAS A, THAT PUD IN PLACE TO ALLOW MODIFIED STANDARDS, UM, BACK IN THE DAY.
UH, AND THAT'S WHY THEY'RE A LITTLE DIFFERENT FROM WHAT WAS REQUIRED AT THAT TIME.
UH, IF IT IS A PRIVATE EASEMENT, IT IS NOT OWNED BY THE CITY.
WE DON'T, WE WE'RE HANDS OFF IN IT.
SO IT'S OWNED BY THE DIFFERENT PROPERTIES, UM, ALONG IT, AND IT IS MAINTAINED BY THEM.
UM, THE, THIS ACCESS EASEMENT IS 30 FEET WIDE, AND THE AGREEMENT THAT IS IN PLACE BETWEEN THESE PRIVATE PARTIES ALLOW FOR 1 25 FOOT WIDE ACCESS POINTS ON THIS PROPERTY AT A LOCATION OF THEIR CHOOSING.
UM, IF THEY WERE TO TRY TO GET A SECOND ACCESS POINT, THAT WOULD HAVE TO BE AN AGREEMENT BETWEEN THE EASEMENT OWNER AND THIS PROPERTY.
UH, I'M SURE, UM, THE APPLICANT CAN COME BACK UP AND TALK ABOUT HIS EXPERIENCE WITH THAT.
UM, DOES THAT ANSWER YOUR QUESTION? YEAH, THAT HELPS.
THAT HELPS CLARIFY A FEW THINGS.
IF HAMPTON COVE'S NOT AN OPTION, LET'S JUST WRITE THAT IN STONE.
IT'S NOT AN OPTION, IT'S NOT CONSIDERABLE.
WHAT ARE THE OTHER OPTIONS? WE'VE HEARD PROPOSAL ABOUT A VARIANCE, BUT WHEN WE SAY IT'S A LAST RESORT, LIKE I WANNA KNOW, LIKE WHAT ARE THE OTHER OPTIONS IF THAT'S REALLY THE LAST RESORT? SO WE'RE GETTING FAIRLY DEEP INTO DEVELOPMENT MM-HMM
AND, AND AGAIN, I JUST WANNA, I, I'LL OF COURSE ANSWER YOUR QUESTION, BUT OF COURSE I JUST WANNA GO BACK TO OUR DEVELOPMENT SCHEDULE AND HOW THIS FLOWS.
AND WE ARE STILL OUT HERE ON PRETTY FAR.
SO THERE ARE STILL OPTIONS AND THEY WILL GET NARROWED DOWN.
UM, THEY COULD POTENTIALLY HAVE ACCESS TO THE, THROUGH THIS EASEMENT.
THERE'S A LOT OF THINGS TO CONSIDER WITH THAT.
OUR FIRE CODE REQUIRES 26 FEET OF ACCESS.
THAT WAS SOMETHING THAT WAS CHANGED, UM, LAST YEAR IN OUR UNIFIED DEVELOPMENT CODE.
UM, ANOTHER THING TO CONSIDER IS THEY'RE PROPOSING A PUBLIC ROAD.
AND WHAT THAT MEANS IS THAT IT, IT'S GOING TO BE CONSTRUCTED TO OUR STANDARD.
UM, AND IT, IT WILL MEET OUR STANDARD BECAUSE OF THAT.
UH, IT DOESN'T NECESSARILY NEED TO BE PUBLIC.
IT COULD POTENTIALLY BE PRIVATE.
THAT'S WHAT WE SEE ON SOME OF OUR NEW SUBDIVISIONS THAT COME THROUGH, SUCH AS ESPERANZA AND, UH, RANCHES, UM, AT SPENCER.
SO THERE, THERE'S SEVERAL DIFFERENT OPTIONS OUT THERE AND THEY ALL HAVE DIFFERENT PROS AND CONS, AND EVERY TIME YOU MAKE A CHANGE IN ONE SPOT, THERE'S A DIFFERENT REGULATION THAT KICKS IN.
AND THAT'S WHY WE TYPICALLY, THAT'S WHY WE FOLLOW THIS FLOW OF DEVELOPMENT.
UM, BECAUSE FOR THE APPLICANT TO GET INTO THAT NITTY GRITTY OF ALL OF THOSE DETAILS AND WHAT IT'S GONNA BE, IT MAKES A PROJECT VERY EXPENSIVE.
IT TAKES A LOT OF TIME, A LOT OF, UM, UH, CONSULTING WORK, A LOT OF STAFF TIME THAT GOES ON IT AS WELL.
SO IT BECOMES A VERY EXPENSIVE PROJECT.
YEAH, YOU CAN CERTAINLY SEE, UM, ALL THAT NEEDS TO BE ACCOMPLISHED, UM, FOR THIS TO COME TOGETHER.
YOU KNOW, I THINK WE'RE IN A UNIQUE SPOT, JUST A LITTLE BIT OF DISCUSSION.
UM, OFTENTIMES WE GET A PROPOSAL HERE AND IT'S LIKE, HEY, WE, WE WE'RE JUST ASKING FOR ZONING.
UM, AND IT'LL HAVE A STATED ZONING AND THERE'S VERY LITTLE DETAIL THAT WE GET, UM, LIKE ACCESS POINTS OR EASEMENT.
UM, SO WE HAVE MORE, MORE DETAILS TODAY THAN WHAT WE MAY NORMALLY HAVE WHENEVER A ZONING REQUEST IS BROUGHT FORWARD.
AND SO I FIND MYSELF GETTING CAUGHT UP IN THOSE DETAILS AS WELL.
THE PLANNING PART OF THE JOB, YOU KNOW, TRYING TO PLAN ALL THE WAY TO THE DAY THAT SOMEBODY MOVES IN TO A DUPLEX IF IT EVER HAPPENS.
UM, BUT WE ARE CONSIDERING THE, JUST THE ZONING AND IT'S BEING RECOMMENDED TO CITY COUNCIL.
UM, LIKE I'VE SAID, THE, THE, THE HAMPTON HAMPTON COVE, UM, I SAW HAMPTON WAY THERE, SORRY, I WAS TRYING TO MAKE SURE I WAS USING THE RIGHT TERM.
BUT THE HAMPTON COVE FOR ME ISN'T, ISN'T A CONSIDERABLE OPTION.
BUT THEN THERE'S ALSO BEEN SITUATIONS WHERE, UM, IT'S, IT'S STATED WHILE PLANNING AND ZONING APPROVED THIS AND YOU APPROVED EVERYTHING TO THESE STAGES, AND NOW
[01:20:01]
YOU'RE HERE, ONE PARTICULAR, UH, RESET.AND SO THAT'S WHERE MY HESITATION COMES OUT OF, YOU KNOW, LOOKING AT SPECIFICALLY JUST THE INFRASTRUCTURE.
AND SO IT, IT LEADS ME TO NOT RECOMMEND A ZONING TO, YOU KNOW, WORK OUT A WHOLE LOT OF OTHER DETAILS THAT WE'VE SEEN THAT NEED TO, NEED TO BE WORKED OUT.
UM, BUT I'D LOVE TO HEAR FROM FELLOW COMMISSIONERS ON THOUGHTS AND THANK YOU COMMISSIONER HAER.
ANY OTHER YOU THOUGHT PROCESSES FINISHED? WELL, I'M, I THINK PIGGYBACK ON, ON WHAT MR. HELLER'S SAYING IS IF THEY DON'T GET THE DUPLEX ZONING AND THEY SAY, OKAY, NEVERMIND, WE DON'T WANNA BE ANNEXED INTO THE CITY.
WE'LL JUST STAY AS WE ARE IN THE ETJ, WHAT CAN THEY DO AT THE PROPERTY THEN? 'CAUSE I THINK WHAT WE'RE REALLY TRYING TO FIGURE OUT ON, ON A REGULAR BASIS IS WHAT IS THE LEAST, WHAT IS THE LESSER OF ALL THE EVILS SOMETIMES? IS THAT WHAT WE'RE FACED WITH? AND SO WHAT CAN THEY DO AS IT SITS TODAY? WHAT CAN THEY DO? RIGHT? UM, SO WHEN IT'S OUTSIDE OF CITY LIMITS, WE DON'T HAVE ZONING ON THE PROPERTY, SO WE CAN'T SAY, YOU KNOW, THAT'S GOING TO BE A CHURCH OR THAT'S GOING TO BE TOWN HOMES OR MULTIFAMILY OR COMMERCIAL.
UM, BUT FOR THIS PROPERTY, IT'S SURROUNDED BY CITY LIMITS.
UM, AND BECAUSE OF THE SIZE, UM, THEY PRETTY MUCH HAVE TO BE ANNEXED IN ORDER TO GET ACCESS TO SERVICES, IN ORDER TO HAVE WATER AND WASTEWATER AND, UM, ELECTRICITY.
WELL, THEY CAN HAVE ELECTRICITY ON THE PROPERTY.
THERE ARE UTILITIES CURRENTLY THERE WITH THE STRUCTURE THAT CURRENTLY EXISTS.
WE DON'T SERVE PROPERTIES, WE DON'T, UH, ADD NEW SERVICES TO PROPERTIES OUTSIDE OF CITY LIMITS AT THIS TIME.
AND SINCE THEY'RE OUTSIDE OF CITY LIMITS, UM, WE WON'T ADD A SERVICE FOR THEM, BUT DO A POLICY AT LEAST, BUT HAVE ACCESS SERVICE.
I'M SORRY? IS THERE A WELL, OR IS THERE CEPT? IS THERE SOMETHING THERE? YOU KNOW, I'M NOT SURE OFF THE TOP OF MY HEAD.
MY GUESS IS THEY'D HAVE TO DO A MUD, WHICH IS VERY EXPENSIVE.
UH, I DON'T THINK THAT'S ECONOMICALLY FEASIBLE AT THIS POINT, BUT IT'S A GOOD QUESTION TO ASK.
ANYONE ELSE HAVE ANY THOUGHTS OR QUESTIONS? COMMISSIONER KATES? YEAH, I'D LIKE TO GO BACK TO THAT VERY FIRST SLIDE YOU ALWAYS SHOW, BECAUSE I STILL REMAIN TOTALLY CONFUSED OVER THAT.
I'D LOVE TO GET A COPY OF THAT SOMETIME.
UH, YOU ALWAYS KIND OF FLY BY THIS ONE AT ABOUT 95 MILES AN HOUR SAYING, WE'RE DOING WHAT THE COMMUNITY WANTS.
UH, WE'RE COLLABORATING WITH COMMUNITY PARTNERS TO ENHANCE QUALITY OF LIFE FROM WHAT WE'VE HEARD IN THIS ROOM TODAY.
UH, THIS DECISION WOULD DO THE EXACT OPPOSITE OF THAT.
UH, HERE'S THE COLLABORATION WITH COMMUNITY PARTNERS.
UH, WE HAVE, WE'VE HAD THAT DISCUSSION.
I'VE NEVER GOTTEN A AN AN A CLEAR CUT ANSWER.
UH, TO ME, COMMUNITY PARTNERS ARE NOT THE DEVELOPER COMMUNITY PARTNERS OF THE PEOPLE'S WHOSE LIVES ARE AFFECTED BY THE DEVELOPMENT.
AND SO I, I DON'T WANT TO JUST THROW THIS UP THERE, LIKE WE'RE DOING A GRAND THING AND FLY BY AT 95 MILES AN HOUR.
UH, SECOND POINT, IF, IF YOU HAD BROUGHT UP THAT WE'RE GETTING PRETTY DEEP INTO DEVELOPMENT, I THINK ONE REASON WE ARE ASKING THE QUESTIONS WE ARE IS BECAUSE WE'VE BEEN BURNED SO MANY TIMES AND, UH, UH, FOR CLARIFICATION, THEY'RE, THEY'RE LOOKING AT 32 LOTS AT THIS POINT.
THEY'VE REDUCED IT TO 32 LOTS.
BUT ARE THOSE DUPLEX LOTS? IT WOULD BE ONE LIVING UNIT ON EACH LOT.
SO THERE WOULD BE A PARTY WALL BETWEEN TWO LOTS.
SO IT WOULD BE 30 TOTAL LIVING UNITS? YES, SIR.
UM, YEAH, WE GET DEEP INTO THE DEVELOPMENT BECAUSE TOO MANY TIMES WE SEE THESE PLANS COME BEFORE US EXACTLY LIKE THIS, IT LOOK GREAT.
AND THIS IS THE LAST RESORT AND FIVE YEARS DOWN THE LINE, IT'S SOLD TO SOMEBODY ELSE AND THEY GOT THE ZONING AND THEY CAN DO WHATEVER THEY WANT TO.
THEY'RE JUST GONNA GO MAKE THEIR PROFIT AND GET OUT.
AND SO THAT IS WHY I THINK THAT THIS BODY HAS BEEN BECOME SO CAREFUL KNOWING WHAT THE LONG-TERM IMPLICATIONS ARE.
WE, THERE'S NO GUARANTEE THIS IS GOING TO BE THE DEVELOPER.
UH, BILL'S BEEN IN BUSINESS AS LONG ENOUGH.
I'VE BEEN LUCAS, EVERYBODY UP HERE, UH, PLANNING STAGE, THE, UH, UH, CHOICE OF LAST RESORT WHEN AS SOON AS IT BECOMES THE PATH OF LEAST RESISTANCE, UH, THAT ALL CHANGES.
AND SO, UM, I I DON'T THINK JUST ON A STATEMENT THAT THAT WOULD BE THE CHOICE OF
[01:25:01]
LAST RESORT.UM, THE ONE THING WE TALK ABOUT IS HOW PROUD WE ARE OF BERNIE.
AND ONE THING THAT STAFF HAS BROUGHT TO US IS THE 2024 CITIZEN SURVEY AND THE IMPORTANT TAKEAWAYS, UM, ONLY 7% THINK WE'RE DOING GOOD OR VERY GOOD AT MANAGING GROWTH.
UM, OFFERING A VARIETY OF HOUSING TYPES, SINGLE FAMILY TOWN HOMES, CONDOS, APARTMENTS.
ONLY 7% OF BERNIE RESIDENTS LIST THAT AS THE TOP PRIORITY.
76% OF BERNIE RESIDENTS SAY THAT WE'RE DOING A POOR OR VERY POOR JOB OF TRAFFIC AND CONGESTION MANAGEMENT.
SO IF WE'RE ALL ABOUT BERNIE AND THE CITIZENS OF BERNIE AND QUALITY OF LIFE AND WHAT WE'RE DOING HERE, LET'S LISTEN TO OUR RESIDENTS.
I CANNOT IMAGINE OPENING UP, I HAVE DRIVEN YOUR CUL-DE-SAC.
UM, 20 YEARS AGO WHEN THAT WAS DESIGNED, PROBABLY MOST FAMILIES HAD ONE CAR.
UH, IT WASN'T A PROBLEM TO PUT ONE CAR IN THE DRIVEWAY.
AND, UH, SO THINGS HAVE CHANGED.
NOW, PROBABLY A LOT OF THOSE HOUSES OUT THERE HAVE THREE AND FOUR CARS PER HOME.
UH, SO THERE'S NO WAY TO SAFELY OPEN THAT UP AND, AND BRING THAT KIND OF TRAFFIC THROUGH THERE.
UH, AND ESPECIALLY, UH, YOU KNOW, EMERGENCY TRAFFIC, TRYING TO GO THROUGH A TH 30 FOOT ROAD WITH TWO LINES OF, UH, CARS PARKED EITHER SIDE OF THE STREET.
SO I THINK MY CONCERN IS NOT THE GOOD INTENTIONS THIS PLAN HAS, AND I DON'T DOUBT IT AT ALL.
I WOULD, I MEAN, I THINK IF THEY COULD COME IN HERE AND SAY, YOU KNOW, GUARANTEED THIS IS WHAT WE'RE GONNA DO AND WE'RE GONNA GO OUT THIS WAY, I THINK EVERYBODY IN HERE WOULD APPLAUD 'EM AND SAY, THANK YOU FOR THINKING ABOUT THE CITIZENS OF BERNIE.
THE PROBLEM IS, AS SOON AS WE TAKE A VOTE, THAT VOTE GOES WITH THAT PROPERTY.
IT DOESN'T MATTER WHO OWNS IT OR WHAT THE PLAN LOOK LIKE.
AND SO, UH, I THINK THE ONLY WAY, I THINK AT ONE TIME THEY, THEY HAD PROPOSED HOW MANY, SIX, HOW MANY WERE PROPOSED IN THAT FIRST UH, PLAN? HOW MANY LOTS? UH, ABOUT 35.
UM, I KNOW IF IT GETS ANNEXED, IT'S GOT TO HAVE ZONING.
UM, BUT I, I COULD NOT AGREE WITH THIS TYPE.
I COULD MAYBE GO THE SAME AS THEIR NEIGHBORS TO THE SOUTH, THE R TWO N.
THAT WOULD, THAT WOULD ALLOW ON YOUR MATH ABOUT 25 LOTS, BUILDABLE LOTS, STILL KEEP IT UNDER THE, UH, MINIMUM TO HAVE TWO, UH, POINTS OF ACCESS.
BUT, UH, THERE'S STILL TOO MUCH UNKNOWN HERE, YOU KNOW, AS SOON AS THE SCHOOL SAYS, NO, WE'RE NOT GONNA GIVE YOU THAT POINT OF ACCESS.
NOW YOUR SECOND POINT OF ACCESS, OPEN UP THE CUL-DE-SAC.
ANYTHING ELSE, MR. KATES? OH, PLEASE FINISH.
NO, THAT, THAT'S SO, SO I JUST, I'M, I'M, I'M OPPOSED TO THIS, UM, REQUEST FOR REZONING.
YEAH, I JUST HAVE JUST MORE OUTTA CURIOSITY, I GUESS ON, ON TRYING TO FIND A SOLUTION.
UM, THE, GOING TO THE MAP THAT SHOWS THE I 10 FRONTAGE PROPERTY.
I THINK IT'S LIKE TWO A AND TWO B.
UM, ARE THOSE THE SAME OWNER, THE TWO A, THE 1.141 ACRES AND THE, AND THE TWO B, THE 7.3? THEY WERE AT A POINT, BUT I'M NOT CONFIDENT TO SAY THAT RIGHT NOW.
MR. GIDDENS OR MR. SPINELLI, DO YOU KNOW IF THOSE ARE THE, WHO OWNS THOSE? ASKED THEM ABOUT TWO YEARS AGO OR SO.
HAVE, HAVE Y'ALL, HAS ANYBODY, I'M SURE YOU HAVE ENTERED INTO NEGOTIATIONS WITH ANY OF THOSE OWNERS TO, TO GET ACCESS.
THEY'RE NOT INTERESTED IN ANY NUMBER.
AS A MATTER OF FACT, THEY WERE ONE OF THE PUBLIC RESPONDENTS WRITTEN RESPONSES IN OPPOSITION.
AND, AND MR. SPINELLI, WHEN YOU BOUGHT, HOW LONG HAVE YOU OWNED THIS PROPERTY, MR. SPINELLI? WOULD YOU GO, COME FORWARD IF YOU'RE, UM, SO THAT, UM, COMMISSIONER BURDEN, YOU CAN HAVE AN INFORMATION SESSION ABOUT THREE AND A HALF YEARS.
AND WAS IT, WELL, AT THE BEGINNING WE DIDN'T THINK IT WAS LANDLOCKED, YOU KNOW? PARDON ME.
WE WERE NOT KNOWN THAT IT WAS LANDLOCKED.
IT WAS KIND OF ALMOST A MISTAKE IN THE CITY PARK BECAUSE THEY ACTUALLY ALLOWED THIS TO HAPPEN.
SO WHEN YOU WERE DOING THE, THE PLANNING FOR ALL THESE THINGS, YOU KNOW, SOMEWHERE DOWN THE LINE, LIKE SHE WAS SAYING EARLIER, WHO KNOWS WHAT THEY WERE THINKING, YOU KNOW, 20 YEARS AGO WE'RE DOING THIS TO LEAVE THIS PIECE OF LOT, UH, LOCKED.
AND THEN WHEN THEY CHANGED THAT FROM 25 TO 26 FEET,
[01:30:01]
THEN IT STARTS, UH, YOU KNOW, UNLESS WE COULD GET A EASE, I MEAN A VARIANCE OR SOMETHING LIKE THAT.BUT IT DOES, IT DOES HAVE THE D EASEMENT, RIGHT? IT DOES.
AND IT WORKED BEFORE YOU CHANGE THE LAW.
WELL, I DIDN'T, NO, I KNOW THE OTHER PEOPLE
SO THE THING, I'M NOT TRYING TO BLAME ANYBODY, I'M JUST SAYING THAT THE CITY'S THE ONE THAT DID THE PLOT, YOU KNOW, AND WE WERE UNDER THE IMPRESSION THAT WE HAD, WE HAD EVERYTHING IN THE FRONT ROAD WITHOUT EVEN GOING INTO HAMPTON, WHICH I DEFINITELY GET WHAT THEY'RE SAYING, YOU KNOW, ESPECIALLY WITH ALL THOSE YOUNG KIDS AND SO ON.
DEFINITELY WE DO NOT WANT, DEFINITELY WANNA TRY TO DISTURB THEM IN ANY WAY OR SHAPE.
SO THE PROMISE ALREADY STANDS ON, ON HOW THIS WAS PLOTTED 20 YEARS AGO BY THE CITY OR WHERE IT WAS IN CHARGE OF THIS, BECAUSE THEY, THEY ACTUALLY LANDLOCKED IT.
AND WHEN I BOUGHT IT, WE WERE UNDER THE IMPRESSION THAT WE WERE NOT, I MEAN, WE HAVE NO INTENTIONS TO GO INTO TO THE HAMPTONS BY ANY CHANCE THERE.
THERE ARE A COUPLE POINTS HERE.
ONE OF THE DISCUSSIONS IS IF, IF WE DID HAVE TO PROVIDE ACCESS THROUGH HAMPTON WAY IS TO PROVIDE THAT AS A GATED ACCESS, THAT IS A ONE-WAY ACCESS TO WHERE THE RESIDENCE FROM THIS SUBJECT TRACK COULD NOT GO SOUTH.
THEY'RE ONLY ALLOWED TO GO NORTH TO EXIT THE PROPERTY.
UM, AGAIN, THAT'D BE A, THAT'D BE A PRIVATE, UH, AS A POINT TO THE SCHOOL DISTRICT, THE, THE DISCUSSIONS WERE VERY HIGH LEVEL.
THERE'S AN EXISTING 12 FOOT EASEMENT THAT RUNS THROUGH THE SCHOOL PROPERTY.
UM, THEIR EXISTING EMERGENCY ACCESS, UH, POINTS COME TO WITHIN ABOUT 300, 200 FEET OF THE PROPERTY AND IS A HAMMERHEAD TURNAROUND.
AND SO WE HAVE NOT OFFICIALLY PRESENTED A, A, AN EASEMENT TO THE SCHOOL DISTRICT BECAUSE WE ARE AT SUCH A HIGH LEVEL.
THIS HAS BEEN PUSHED DOWN THE ROAD BECAUSE OF SOME PREVIOUS, UH, DEVELOPMENTS THAT, UH, WE WANTED TO, TO, TO SOMEWHAT STAY AWAY FROM, UM, IN, IN CONSIDERATION FROM THE P AND Z COMMISSION.
WE DIDN'T WANT TO BE CONFUSED WITH, WITH THE SAME IDEA, BUT WE HAVE REDUCED THAT DENSITY, UM, UH, DOWN.
AND SO THOSE THINGS ARE, AS WE GET INTO THAT PLAT, THAT THAT, THAT ACCESS THROUGH THE SCHOOL, LIKE I SAID, IS, IS ALREADY AN EXISTING 12 FOOT ACCESS EASEMENT THAT WAS GRANTED 20 PLUS YEARS AGO.
SO, SO LOCK TWO A, JUST FOR CLARIFICATION, Y'ALL HAVEN'T TRIED TO BUY THAT? WE, WE HAVE REACHED OUT TO THEM AND WE HAVE BEEN UNABLE TO MAKE ANY CONTACT.
I, I BELIEVE, IF I RECALL CORRECTLY, THAT IS THE SAME OWNER AS THE, UH, THE HOTEL.
BUT I, PLEASE DON'T QUOTE ME ON THAT ONE, I RECOLLECTION.
YEAH, YEAH, WE DID OFFER IT BY QUITE A SUM OF MONEY FOR THE EASEMENT, BUT, UH, AND IS THAT EASEMENT SHARED WITH CARRINGTON PLACE? DOES EVERYBODY ALONG THERE SHARE THAT EASEMENT OR IS THAT THEY DO, THAT'S A RECEPTACLE ACCESS EASEMENT.
UH, THE, THE, THE, THE I 10 FRONTAGE SHARES ALONG WITH, UH, THE SUBJECT TRACK, THE 6.4 ACRES WERE PARTY TO THAT EASEMENT.
I DO NOT BELIEVE THE CARRINGTON PLACE HAD, UH, WAS PARTY TO THAT AGREEMENT.
MR. KELLER? UH, YEAH, JUST A COUPLE THINGS TO ECHO A LOT OF THE CONCERNS UP HERE.
UM, YOU KNOW, ONCE AND CHAIRMAN VAN WOLFF, THIS KIND OF REMINDS ME OF WHAT I CAME UP HERE FOR SO OFTEN WAS THAT PROPERTY BEHIND US ON ADLER, HUGE PLAN.
EVERYONE LOVED IT GETS REZONED AND THAT DEVELOPER NO LONGER OWNS THAT PROPERTY.
IT JUST, AND THEN THERE'S NOTHING TYING 'EM TO ANYTHING, YOU KNOW, THE ACCESS OR ANYTHING LIKE THAT IS WHAT BECOMES A CONCERN TO ME.
IF IT WAS A PLAN DEVELOPMENT THAT, UH, THEY WERE TIED TO ACCESS, WHICH EVEN IF THAT WAS THE CASE, I CAN'T IMAGINE, WHAT WOULD THAT BE? 40, PROBABLY 45 TO 60 CARS ON THAT PRIVATE ROAD AND JUMPING OUT ON JOHN'S ROAD.
I JUST, I CAN'T REALLY IMAGINE IT PERSONALLY.
UH, BUT IT, MY MAIN CONCERN IS THAT REZONING IT NOW DOWN THE LINE, THERE'S NOTHING TYING THEM TO WHATEVER PROPOSED PLAT OR WHATEVER, UH, THEY'RE SHOWN US CURRENTLY.
COMMISSIONER KELLER AS A POINT HERE, ONE OF THE, ONE OF, IDEALLY FROM MY STANDPOINT AS, AS THE CONSULTANT, I WOULD LIKE TO SEE THE VARIANCE FOR ACCESS FIRST.
THEN THAT DICTATES, HEY, THIS IS HOW WE'RE GONNA DO IT.
THIS IS WHAT WE'RE GONNA ZONE IT, THINGS LIKE THAT.
BUT WE'VE BEEN ASKED TO BRING UP THE ZONING FIRST.
IDEALLY I RESOLVE THE ACCESS ISSUE FIRST.
THEN FROM THERE, THAT REALLY DICTATES WHAT ELSE CAN BE DONE.
WITHOUT THAT WE'RE KIND, THAT'S WHY WE'RE SITTING HERE TALKING ABOUT THE ZONING IS THAT'S THE FIRST THING THAT WE WANTED TO HEAR.
SO THAT'S WHERE WE'RE TALKING.
BUT TO ME, THE CRUX OF THIS WHOLE THING IS THE ACCESS AND THAT, THAT VARIANCE THAT WOULD BE ASSOCIATED WITH THAT ACCESS REALLY INFORMS THE WHOLE REST OF THE DEVELOPMENT.
[01:35:01]
ALRIGHT, WHICH, ONE MORE THING ON THAT REAL QUICK IS THE, IS THAT LETTER THAT YOU MENTIONED THAT THE DEVELOPER OR, OR THE OWNER OF THE FRONTAGE WRITING A LETTER IN OPPOSITION, WHICH I GUESS IT JUST, YOU KNOW, LE LEGALLY SPEAKING, IT JUST DEPENDS ON WHAT THE EASEMENT SAYS.I GUESS YOU GUYS HAVE THE RIGHT TO, AND Y'ALL CAN PRODUCE THAT.
WE, WE HAVE ALREADY PRODUCED IT.
IT, IT, IT IS, IT IS CODIFIED.
THEY CANNOT, UH, CHANGE THAT WITHOUT US.
AND THEY, WE CAN'T ADD TO IT WITHOUT THEM.
AND SO IT IS, IT IS, IT IS AN HEIRS IN THE SUCCESSORS LANGUAGE THAT IS SOME IN PERPETUITY, EFFECTIVELY.
SO THEY JUST DON'T, THEY PROBABLY JUST DON'T LIKE THE IDEA OF WHAT Y'ALL ARE DOING THERE.
ANYTHING ELSE? COMMISSIONER KELLER? NO, SIR.
COMMISSIONER KATES, JUST A QUICK QUESTION.
COULD THIS BE PRESENTED AS AN SUP WITH VARIANCE AND REQUEST FOR ZONING RATHER THAN JUST A REQUEST FOR ZONING? UH, I DON'T BELIEVE IT.
IT MEETS OUR CRITERIA FOR AN SUP, BUT I'LL, I'LL LET MR. COR AND OUR NO IF WE LEGAL OPINE ON THAT.
SO IF YOU LOOK AT THE, UH, PERMITTED USES AND R 3D, UH, THE, THE PROPOSED PROJECT WOULD BE A PERMITTED USE.
IT DOES NOT REQUIRE AN SUP, BUT WHAT ABOUT THE VARIANCE FOR THE, UH, THE VARIANCE WOULD BE SEPARATE, RIGHT? THAT WOULD COME BEFORE YOU AT A FUTURE DATE AS JUST A VARIANCE? OR IS IT AN SUP TYPE VARIANCE? UH, I DON'T UNDERSTAND WHAT YOU MEAN BY HELP ME WITH THE SUP TYPE VARIANCE.
OKAY, SIR, THAT, THAT ANSWERED MY QUESTION.
I WAS JUST LOOKING FOR A, UH, MAYBE A WAY THAT THIS COULD BE RESOLVED.
SO JUST TO CLARIFY, UH, UH, WE HAD A RECENT PROJECT, SPENCER RANCH, YOU'RE FAMILIAR WITH THAT, UH, WHERE WE HAD A LOT OF DISCUSSION ABOUT, UH, DETERMINING ZONING BEFORE SEEING PLATS AND PLANS.
AND THEREFORE, UH, BASED ON THE DIRECTION AND THE COMMENTS OF THE COMMISSION, UH, WE CHANGED TO HAVE THE ZONING COME TO THE COMMISSION FIRST, UNDERSTANDING THAT A LOT OF THESE ISSUES, UH, NEED TO BE RESOLVED ALSO.
BUT, UH, BASED ON, UH, WHAT YOU GUYS SAID AT THAT, THAT'S WHY WE'RE HERE TONIGHT.
AND THAT WAS THE EXACT WAY TO DO IT TOO.
I MEAN, THAT WAS THE RIGHT WAY TO DO IT AND I APPRECIATE YOU DOING SO.
DOES THAT ANSWER YOUR QUESTION, MR. SPINELLI AND MR. WELTZ, YOU MAY SIT DOWN IF YOU'D LIKE.
UM, YOU KNOW, SERVICE ON THIS COMMISSION IS OFTEN ABOUT DILEMMAS, RIGHT? AND ON ONE HAND, UM, THE DEVELOPER IS PROPOSING MORE AFFORDABLE UNITS AND ALTHOUGH 7% OF THE RE UM, BURNING RESIDENTS SAY THAT, THAT'S IMPORTANT, RIGHT? NOT VERY HIGH.
BUT THEN AGAIN, THE FIRST, ONE OF THE FIRST SPEAKERS WE, WE HEARD FROM THIS THIS AFTERNOON SAID THE REASON THEY MOVED INTO THE VILLAGES OF HAMPTON IS BECAUSE IT WAS AFFORDABLE.
IT WAS A YOUNG FAMILY AND THEY COULD MOVE IN THERE 'CAUSE IT WAS AFFORDABLE.
SO, ON ONE HAND, I APPRECIATE WHAT THE DEVELOPERS ARE DOING HERE 'CAUSE IT'S POTENTIALLY MORE HOMES FOR YOUNG FAMILIES.
BUT THE DILEMMA IS, IF THE ONLY WAY TO DO THAT IS OPENING UP HAMPTON, THAT'S TOUGH.
'CAUSE I LOOK AT, I WAS LOOKING AT THE MAP HERE AND I LOOK AT 1 28 HAMPTON WAY, 1 32 HAMPTON WAY, 1 36 HAMPTON WAY ONE 40 AND 1 44 HAMPTON WAY.
AND IF I BOUGHT THOSE HOMES 20 YEARS AGO IN A CUL-DE-SAC, I'M THINKING I'M GOOD.
IT'S A CUL-DE-SAC, RIGHT? I MEAN, I BOUGHT A HOME, MANY OF US OWN HOMES IN CUL-DE-SAC AND WE THINK WE'RE OKAY, BUT 20 YEARS LATER, SOMEBODY SAID, WELL, WE'RE GONNA PUT A ROAD THROUGH THAT.
AND THAT'S, THAT'S THE PIECE THAT'S REALLY HARD.
THAT'S THE PIECE THAT I, I'M HAVING A HARD TIME RECONCILING, EVEN THOUGH I REALLY APPRECIATE THE PROJECT AND, UH, POTENTIALLY MORE AFFORDABLE HOMES.
THANK YOU COMMISSIONER SENIO FOR YOUR THOUGHTS.
COMMISSIONER FERER, YOU'VE GOT EXCUSE SOMETHING MR. I JUST LOOKED.
UH, THE COMMISSIONER WILL DO IT'S DISCUSSION DELIBERATION.
I WILL BRING YOU BACK UP, MR. PEL, IF YOU'D LIKE TO SAY SOMETHING AT THE VERY END.
I JUST LOOKED UP THE OWNERS OF THOSE TWO PARCELS AND THEY ARE NOT THE SAME.
ALRIGHT, ANY OTHER QUESTIONS, COMMENTS? OKAY, MR. SMELLY, COME FORWARD IF YOU'D LIKE.
UM, AND SINCE I'M SORT OF REOPENING THE DISCUSSION, ANYONE WHO WOULD LIKE TO SPEAK IS WELCOME TO DO SO.
AGAIN, ALSO, SINCE MR. SPINELLI IS COMING BACK TO THE DI DIES, UM, OR THE PODIUM.
SO THERE WAS SOME DISCUSSION THAT, UH, MS. LINDER MENTIONED.
YOU KNOW, WHAT, WHAT WE END UP WITH HERE EFFECTIVELY IS, IS CURRENTLY PRESENTED, UH, THE, THE DRAFT PLAT THAT THAT WAS SHOWN ENDS UP BEING, UH, EFFECTIVELY FLOATING RIGHT AWAY FOR THE CITY.
UH, MS. LINDER MENTIONED THE POSSIBILITY OF, OF, OF ADJUSTING THESE TO, TO PRIVATE ROADS.
[01:40:01]
DROPS OFF SOME OF THE REQUIREMENTS OF, OF POSSIBLY, OF COMING UP TO THE CITY STANDARDS OF THOSE.BUT MAYBE THAT IS SOMETHING THAT MAY ALLEVIATE SOME OF THE CONCERNS OF STAFF FROM THE, FROM THE PUBLIC ROADWAY THAT NOW, NOW THE NOW THE CITY TO MAINTAIN THOSE ROADWAYS, THEY DON'T HAVE A LEGITIMATE ACCESS, RIGHT? BECAUSE THEY HAVE TO GO THROUGH THAT PRIVATE ACCESS EASEMENT.
NOW, AS A GUEST, THE WAY THE THE EASEMENT LANGUAGE IS WRITTEN, IT DOES ALLOW FOR EITHER THE, ANY OWNER OF THAT DEVELOPMENT OR ANY OF THOSE LOTS TO PROVIDE ANYBODY TO COME INTO THAT.
IT, IT, I DON'T REMEMBER IT OFF EXACTLY VERBATIM, BUT IT, YOU KNOW, GUESTS, ET CETERA THAT ARE PERMITTED TO USE THOSE EASEMENTS.
THAT, THAT'S ONE CONSIDERATION THAT WE, WE HAVE AS WELL IS, IS, IS CONVERTING FROM PUBLIC RIGHT OF WAY WITHIN THE DEVELOPMENT DUE TO THE FLOATING RIGHT OF WAY ISSUE TO GO INTO PRIVATE, PRIVATE ROADS.
AND THAT WOULD CREATE ONLY ONE EXIT, RIGHT? RIGHT.
AND SO THAT WOULD CREATE ONLY ONE EXIT.
SO THEY WOULD BE OUT OF THE PICTURE.
WE WOULD ONLY NEED A VARIANCE FROM 25 FEET TO 26 FEET.
AND THIS PROBLEM IS TAKEN CARE OF THAT RIGHT OF WAY VARIANCE OR THAT I THINK THAT ACCESS VARIANCE, UM, IF WE PUT A GATE THERE AT THE WEST PROPERTY LINE AT THAT ACCESS POINT, UH, THE, THE FIRE CODE ALLOWS IT TO BE DROPPED DOWN TO 25 FEET, 24 FEET, ACTUALLY, I BELIEVE.
UM, ANYWAYS, IF IT'S GATED, THE, THAT REQUIREMENT FROM 26 THAT WAS EXPANDED LAST YEAR ACTUALLY DROPS BACK DOWN.
UM, AND SO THAT WAS ONE OF THE CONSIDERATIONS.
NOW WHAT WE'RE TALKING ABOUT IS NOT A FULLY ACTIVE GATE, A GATE THAT IS JUST OPEN.
UH, THANKS FOR COMING BACK UP.
MR. MUNOZ, WOULD YOU LIKE TO REPRESENT YOUR COMMUNITY AND, AND SORT OF AS A REBUTTAL, YOU'VE GOT A FEW MINUTES.
UM, WE'RE ALL ABOUT FAIRNESS AND TRANSPARENCY HERE.
SO, UM, COME FORWARD IF YOU'D LIKE TO SAY A FEW THINGS BEFORE I GET TO HAVE MY SAY.
I, I APPRECIATE ALL OF YOU TAKING THIS VERY SERIOUSLY.
UM, AND WE'RE, WE'RE NOT JUST OUT HERE AGAINST GROWTH FOR BERNIE.
I'VE LIVED HERE 45 YEARS, 45 YEARS OLD.
SO I'VE SEEN IT GO FROM ME AND MY BROTHER RIDING BIKES DOWN MAIN STREET.
AND WE KNEW EVERYBODY WHEN MR. DS WAS HERE.
AND WE, EVERYBODY KNEW US AND OUR FAMILY TO A HUGE COMMUNITY.
I MEAN, LOOK WHERE WE'RE AT, RIGHT? AND WE'RE NOT IN CITY HALL, YOU KNOW, ANYMORE.
WE'VE, WE'VE GROWN AND I APPRECIATE THAT, CODY.
UM, YOU'RE, YOU WANT TO MAINTAIN THE GROWTH, BUT RESPONSIBLY ALL OF YOU OBVIOUSLY WANT RESPONSIBLE GROWTH.
AND I DON'T, I, I, I LIKE THE IDEA OF WHAT THEY'RE TRYING TO DO.
I JUST DON'T THINK IT'S THE RIGHT PLACE IN BERNIE FOR THEM TO TRY TO DO THAT RIGHT NOW.
YOU KNOW, WITH, WITH THE CONSTRAINTS OF THE TRAFFIC'S GONNA CAUSE THROUGH OUR COMMUNITY AFFECTING OUR CHILDREN, OUR, OUR EVERYBODY KNOWS EACH OTHER.
AND, AND THIS IS JUST NOT A GOOD PLACE TO DO IT IN THIS SECTION OF WHERE THEY WANT TO DO IT.
I JUST DON'T THINK IT'S THE RIGHT PLACE FOR IT AT THIS POINT.
THANK YOU MRNE, AND THANK YOU AGAIN.
EVERYONE ELSE WHO CAME DOWN THIS EVENING, UH, A LOT OF YOU SHOWED UP DURING THE DINNER HOUR, UH, LEFT WORK EARLY.
THIS IS HOW, AT LEAST IN THIS COMMUNITY, PUBLIC DISCOURSE WORKS.
UH, YOU KNOW, I CAN'T TALK ABOUT OTHER COMMUNITIES, BUT I WOULD PUT UP THE DELIBERATIONS AND DISCUSSION AND PREPARATIONS THAT THIS BODY BRINGS TO EVERY MEETING AGAINST ANY OTHER COMMUNITY IN THE COUNTRY.
AND I'VE SERVED ON OTHER BODIES FOR OTHER COMMUNITIES.
THESE FOLKS DO THEIR HOMEWORK, AND YOU PROBABLY COULD TELL THAT FROM THE DISCUSSION.
UM, COMMISSIONER VICE NOTED THE DILEMMA THAT WE SOMETIMES FACE BETWEEN, YOU KNOW, VARYING COMPETING INTERESTS.
YOU KNOW, WE, WHAT WE DO, WE, WE MAKE VALUE JUDGEMENTS UP HERE, WHAT'S BEST FOR THE COMMUNITY AS A WHOLE LONG TERM.
AND COMMISSIONER HAR MENTIONED THE PLANNING COMPONENT OF WHAT WE DO.
WE'RE THE PLANNING AND ZONING, UH, COMMISSION.
OTHERS HAVE TALKED ABOUT, YOU KNOW, OUR, OUR JOB HERE IS TO PRESERVE WHAT MAKES BERNIE, BERNIE.
AND CERTAINLY I'M COMMITTED TO THAT.
I, I FEEL LIKE, UH, OBVIOUSLY, YOU KNOW, THIS IS A ZONING QUESTION, BUT THERE ARE CERTAIN CRITERIA THAT WE AS A BODY HAVE TO LOOK AT WHEN WE CONSIDER REZONING.
AND MS. LINDER, YOU HAD A SLIDE THAT SHOWED CRITERIA.
WOULD YOU PLEASE BRING THAT BACK UP? DIDN'T HAVE TO TOUCH IT.
UH, YOU'VE GOT FIVE THINGS THERE.
HAVING SPENT WITH COMMISSIONER KATES A CONSIDERABLE AMOUNT OF TIME ON THE NEW UNIFIED DEVELOPMENT CODE THE CITY ADOPTED SEVERAL YEARS AGO.
AND HAVING SPENT TIME ON THIS VERY SPECIFIC PROVISION REGARDING APPROVAL CRITERIA FOR REZONINGS,
[01:45:02]
THE FIVE CRITERIA ON THE SCREEN DON'T MATCH WHAT'S IN THE UDC.SO I'M, IT'S, IT'S IN OUR PACKET, SECTION 2.5 OF THE UDC DETAILED ZONING PROCEDURES.
I'M JUST GONNA GO THROUGH THESE FOR PROPERTY ZONING AND REZONING THE APPROVAL CRITERIA.
THERE ARE SIX THAT ARE GIVEN, AND AGAIN, MR. KATES AND I ARE INTIMATELY FAMILIAR WITH ALL SIX.
IT SAYS, IN MAKING A DETERMINATION REGARDING A PROPOSED ZONING AMENDMENT, PLANNING AND ZONING COMMISSION, THAT'S US AND THE CITY COUNCIL TO WHOM WE MAKE A RECOMMENDATION, SHALL CONSIDER THE CRITERIA OF THIS SECTION.
NO SINGLE FACTOR SHALL BE CONTROLLING IN THE DECISION MAKING PROCESS.
THE CRITERIA FOR APPROVAL OF A ZONING AMENDMENT, NUMBER ONE, THE PROPOSED ZONING AMENDMENT, IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
THE PROPOSED AMENDMENT WILL NOT PREVENT THE USE AND ENJOYMENT OF A NEIGHBORING PROPERTY THAT IS CURRENTLY EXERCISING A PERMITTED USE.
WELL, I THINK CLEARLY FROM WHAT'S BEEN DISCUSSED HERE THIS EVENING, THIS AMENDMENT WOULD PREVENT THE USE AND ENJOYMENT OF A NEIGHBORING PROPERTY THAT IS CURRENTLY EXERCISING OR PERMITTED USE CRITERIA.
THREE, THE CITY IS ABLE TO ADEQUATELY SERVICE THE NEW USE OR NEW DEVELOPMENT WITH NEEDED STREETS, WATER SUPPLY, SANITARY SEWERS, AND OTHER PUBLIC SERVICES AND UTILITIES MITIGATION MEASURES ARE IN PLACE TO ENSURE THE CITY'S ABILITY TO ADEQUATELY SERVICE THE CHANGE IN USE OF THE SUBJECT PROPERTY OR DOCUMENTATION FROM THE SERVICE PROVIDER.
VERIFYING ABILITY TO PROVIDE ADEQUATE SERVICE OF UTILITY SERVICES PROVIDED BY AN ENTITY OTHER THAN THE CITY, SUCH AS THE MUNICIPAL UTILITY DISTRICT IN MUD.
WELL, THAT'S QUESTIONABLE THE STREETS.
UM, I THINK THAT'S, THAT'S OPEN FOR DEBATE.
WE'VE HAD A LOT OF DISCUSSION, UH, THIS EVENING ABOUT HAMPTON WAY AND WHETHER THAT'S SUFFICIENT, THE PRIVATE DRIVE, WHETHER THAT'S SUFFICIENT.
I THINK THINK CRITERIA THREE, UH, IS IFFY.
CRITERIA FOUR, THE PROPOSED AMENDMENT WILL NOT INHIBIT THE PRESERVATION AND PROTECTION OR NEGATIVELY IMPACT THE VIEW ACCESSIBILITY OR PERFORMANCE OF HISTORICAL OR CULTURAL PLACES IN AREAS THAT ARE OF VALUE TO THE COMMUNITY.
THE DEVELOPERS COMMITTED TO PRESERVING THE HISTORIC STRUCTURE ON SITES.
THIS CRITERIA PROBABLY IS, IS SATISFIED CRITERIA FIVE, THE PROPOSED AMENDMENT MEETS A SIGNIFICANT CITYWIDE PUBLIC NEED OR PER PURPOSE, SUCH AS AFFORDABLE HOUSING, ECONOMIC DEVELOPMENT, ET CETERA.
UH, WE DO HAVE AN AFFORDABLE HOUSING CRISIS.
UH, I THINK THAT CRITERIA IS PROBABLY SOLVED, BUT THE LAST ONE SAYS, ANY OTHER FACTORS WHICH WILL SUBSTANTIALLY AFFECT THE PUBLIC HEALTH, SAFETY, MORALS, OR GENERAL WELFARE OF THE CITY.
WE TALKED ABOUT TRAFFIC SAFETY A LOT THIS EVENING.
I THINK THAT ONE CLEARLY IS NOT SATISFIED.
SO OF THE SIX, THERE ARE THREE THAT IN MY MIND ARE PROBABLY NOT SATISFIED BY THIS REZONING REQUEST.
I'M NOT GONNA SAY THAT WHAT THEY'RE ASKING FOR IS IMMORAL.
UM, BUT MR. SPINELLI, THERE IS A WAY, I THINK, TO RESOLVE THE WHOLE ACCESS ISSUE BECAUSE YOU AS A LANDOWNER COULD ENTER INTO WHAT'S CALLED A NON-ACCESS EASEMENT ALONG THAT STRETCH OF THE CUL-DE-SAC TO PREVENT ANY ACCESS OTHER THAN CITY EMERGENCY VEHICLES FROM USING THAT CUL-DE-SAC.
UM, THAT WOULD TAKE, I CONSULT A LAWYER WITH THAT, THAT WOULD TAKE A DRAWN UP DOCUMENT THAT WOULD HAVE TO BE RECORDED WITH KENDALL COUNTY, UH, OFFICE OF PUBLIC RECORDS.
UH, WE HAVE AN OUTSTANDING ISSUE WITH RESPECT TO THE SCHOOL DISTRICT, WHETHER THAT ACCESS FOR EMERGENCY USE, UH, CAN BE GRANTED.
THERE'S JUST A LOT OF UNKNOWNS HERE THAT I'M UNCOMFORTABLE SUPPORTING A ZONING CHANGE.
I THINK BECAUSE OF THE CRITERIA THAT WE'RE SUPPOSED TO FOLLOW, CLEARLY INDICATES THE THREE OF THE SIX AREN'T SATISFIED.
NO SINGLE FACTOR SHALL BE CONTROLLING, BUT WHEN YOU GET TWO OR THREE, UH, IT'S PRETTY COMPELLING IN MY MIND.
AND SO, LIKE MY COLLEAGUES UP HERE, I'M NOT CONVINCED THAT THE PLAN IS PRESENTED, UH, MEETS THE ZONING CRITERIA THAT WE AS A BODY ARE SWORN AS TWO OF US SWORN TONIGHT, UH, TO UPHOLD.
UM, I THINK MS. GRAVES SORT OF SUM UP MY, MY FINAL THOUGHT GOT GOT TO WHERE I THOUGHT SHE WAS GONNA GET TO IN TERMS OF LEGALITIES BECAUSE SHE RAISED A LEGAL ISSUE, WHICH I THINK IS A VERY SALIENT ONE.
AND THAT IS, YOU KNOW, THE LANDOWNER WHO GAVE APPARENTLY THIS PRIVATE DRIVE ACCESS HAS SAID THAT IT WASN'T INTENDED FOR THIS PURPOSE.
NOW, I COULD SEE THE LANDOWNER, EXCUSE ME, HIRING A LAWYER, FILING AN INJUNCTION, TRYING TO PREVENT THAT ACCESS, WHICH THEN WOULD MEAN THAT THE LEAST DESIRABLE ALTERNATIVE, OUR LAST RESORT, SO TO SPEAK, AS COMMISSIONER KATE SAID, UH, WOULD BECOME THE LEAST RESISTANT ACCESS.
AND SO I COULD SEE IN LITIGATION THAT BEING THE ONLY RESORT THEY HAVE TO ACCESS THIS PROPERTY FOR THESE DUPLEXES.
AND I COULD SEE THAT A COURT COULD SAY, OKAY, GO AHEAD AND MAKE THAT CUT.
UM, WE'RE SUPPOSED TO THINK AHEAD WHEN THESE THINGS COME BEFORE US.
I THINK ALL OF US HAVE DEMONSTRATED THE ABILITY CLEARLY TO DO SO THIS EVENING AND THE WILLINGNESS TO DO SO.
AND I'M JUST UNCOMFORTABLE WITH ALL THE UNKNOWNS OUT THERE AT THE MOMENT, UH, SUPPORTING THE REQUESTED ZONING CHANGE.
SO AT THIS TIME, UH, IS THERE A MOTION, UH,
[01:50:01]
THAT ANYONE AT THE COMMISSION WOULD LIKE TO MAKE? UH, COMMISSIONER FRYER, WHAT IS YOUR MOTION? UM, I'D LIKE TO MAKE A MOTION THAT WE DENY THE PROPOSED ZONING.NO, IT READS MOTION, UH, BASED ON, BASED ON THE THREE ITEMS THAT YOU JUST DESCRIBED.
THANK YOU, COMMISSIONER FRIAR.
IS THERE A SECOND TO THAT MOTION? I'LL SECOND COMMISSIONER LER A SECOND TO THE MOTION.
ANY FURTHER DISCUSSION FROM THE COMMISSION? WELL, I, MR. BIRD, I, I, I THINK TOWARDS ONE OF THE LAST COMMENTS WAS GATING IT, UM, BEING ABLE TO USE THAT, THAT EASEMENT AND, AND CREATING PRIVATE ROADS IN INSIDE THAT, THAT AREA.
SO THAT IS A VIABLE OPTION IF THEY DON'T GET ANY PUSHBACK ON THAT EASEMENT.
IS THAT WHAT YOU'RE SAYING? WELL, I THINK IT COULD BE.
I MEAN, I THINK, UM, PLANNED UNIT DEVELOPMENT IS WHAT THEY'RE SUGGESTING, I THINK AT THE MOMENT.
UM, BUT THERE ARE A LOT OF UNKNOWNS TO THAT AS WELL.
IT COULD VERY WELL BE, I MEAN, IF WE, MR. CRANE, IF WE DENY THIS, WHAT, WHAT, WHAT, WHAT THEY CAN GO TO COUNCIL.
SO, BUT IF WE DENY IT, THERE'S A CERTAIN PERIOD OF TIME WHERE THEY CANNOT COME BACK TO US.
DEPENDING ON WHAT THE COUNCIL DOES WITH IT.
TONIGHT'S A RECOMMENDATION TO COUNSEL, UH, DEPENDING ON THAT RECOMMENDATION.
THERE'S, UH, PROCEDURES, YOU KNOW, SUPER MAJORITY ALL THAT KIND OF STUFF THAT WE HAVE TO DEAL WITH, UH, FOR THIS.
BUT, UH, YEAH, YOUR, YOUR RECOMMENDATION TONIGHT WOULD BE FORWARDED TO COUNSEL.
AND IF COUNSEL MAKE THE FINAL DECISION, IF, LET'S SAY, I HAVE NO IDEA WHAT THE COMMISSION'S GONNA DO, WE'VE GOT A MOTION TO DENY WITH A SECOND.
BUT IF WE RECOMMEND TO THE CITY COUNCIL TO DENY THE ZONING CHANGE AND THE COUNCIL THAT TAKES THE SAME ACTION EXCEPT OUR RECOMMENDATION AND SUPPORTS US ON THIS, WHAT IS THE TIMEFRAME THEY WOULD HAVE TO COME BACK TO THE CITY TO DO A PLANNED UNIT DEVELOPMENT AS WAS SUGGESTED EARLIER? LEMME LOOK IT UP FOR YOU.
I DON'T WANT TO QUOTE THE WRONG THING, SO LEMME LOOK IT UP FOR YOU.
I MEAN, THAT WOULD BE AN OPTION, BUT AGAIN, I THINK MR. SPINELLI, THE, THE KEY TO SATISFY THE CONCERNS AMONG THE HAMPTON WAY, HAMPTON COVE, HAMPTON NEIGHBORHOOD FOLKS, IS TO JUST PUT A NON-ACCESS EASEMENT ALONG THE CUL-DE-SAC, WHERE YOU WOULD SAY, AS A PROPERTY OWNER, AND IT WOULD, IT WOULD GO RUN WITH THE LAND, UH, THAT WON'T BE USED FOR ANY VEHICULAR ACCESS OTHER THAN FOR CITY EMERGENCY OR COUNTY EMERGENCY VEHICLES.
AND THAT WOULD SOLVE THEIR CONCERN, I WOULD THINK.
AND WE DEFINITELY NEED TO, IN SPITE OF WHAT WE, WHAT, WHAT HAD HAPPENED MONTHS PAST WITH OTHER DEVELOPMENTS IN THIS PARTICULAR CASE, I THINK IT'S PRUDENT TO DETERMINE THE, THE ACCESS BEFORE ZONING.
MR. KATES, I, I WANNA THANK MR. SPINELLI.
I MEAN, YOU'VE, YOU'VE SAT HERE AND, AND HEARD THE, UH, NEIGHBORHOOD AND YOU'VE RESPECTED THEM AND YOU'VE, UH, ACKNOWLEDGED THEM.
IN MY MIND WHERE THE SHAME IS, IS THAT THERE'S NO MECHANISM WHERE YOU CAN BRING THIS PLAN BEFORE US AND SAY, IF YOU GIVE ME THIS ZONING, I WILL BUILD THIS PLAN.
AND IF I FAIL TO BUILD THIS PLAN, THEN THE ZONING GOES AWAY.
UNFORTUNATELY, THAT MECHANISM DOES NOT, UH, EXIST, IS NOT EXISTENT IN TEXAS.
AND THAT'S A SHAME BECAUSE IF PEOPLE, SUCH AS YOU CAME FORTH WITH GOOD PLANS AND, AND WORKED WITH THE NEIGHBORHOODS AND WE COULD CONDITION THE ZONING ON YOU DEVELOPING WHAT YOU SAID YOU WERE GONNA DEVELOP, THAT WOULD BE FANTASTIC.
BUT, UH, WE JUST DON'T HAVE THAT LUXURY.
LEMME ASK THIS QUESTION, MR. SMELLY, WOULD YOU COME FORWARD, COME FORWARD PLEASE, TO THE PODIUM IF YOU WOULD PLEASE? YEAH.
SO WE'RE PROPOSING NOT TO GO TO, TO THE SUBDIVISION.
WHAT WE'RE PROPOSING IS TO STAY AND GET THE 25 FEET, AND THAT WOULD BE OUR EGRESS AND EXTRAS.
SO WE WOULD COMPLETELY BYPASS THEM.
BUT LIKE HE WAS TELLING ME WHEN WE'RE GOING FOR THE SONY AND NOT THE, THE ENTRANCE, WE'RE PUTTING THE CARRIAGES BEFORE THE HORSE.
SO WE CAN'T COME UP TO A SOLUTION BECAUSE WE DON'T HAVE, UH, THE, THE ENTRY FIRST.
IF WE COULD SOLVE THE ENTRY FIRST, EVERYTHING ELSE SOLVES.
BUT IF YOU DENY US RIGHT NOW, I DON'T KNOW HOW YOU CAN DO IT WHERE YOU SAY, YOU KNOW, OR HOW WE COULD PROPOSE THIS BACK WHERE WE, YOU SAY WE CAN DO WHAT WE WANNA DO WITHOUT GOING INTO THEIR SUBDIVISION, AND THEN THERE'S MECHANISMS FOR US TO GO THE OTHER WAY.
WELL, MR. MELLEY, THERE, THERE, THERE IS A MECHANISM FOR YOU TO ENSURE THAT THAT CUL-DE-SAC REMAINS INACCESSIBLE FOREVER.
THE NON-ACCESS EASEMENT THAT I SUGGESTED EARLIER.
NOW YOU'RE NOT GONNA RECORD THAT EASEMENT TONIGHT.
NO, BUT I MEAN, AND THIS BODY'S NOT GOING TO GIVE A ZONING BASED ON A PROMISE.
WE JUST DON'T NO, I UNDERSTAND.
YOU THINK I'M NO, AND I, I'M NOT, I'M, I'M JUST GIVING SOME IDEA.
I MEAN THIS IS, THIS IS THE DISCOURSE THAT A COMMUNITY GOES THROUGH.
[01:55:01]
GROWTH.I MENTIONED AFFORDABLE HOUSING.
WE KNOW WE HAVE A SHORTAGE THERE.
I THINK THE CONSENSUS OF THE RESIDENTS IS THE PROJECT'S PROBABLY A GOOD ONE, BUT WE DON'T WANT ACCESSING THE CUL-DE-SAC TO BE A PART OF IT.
I'M, I'M A HUNDRED PERCENT SO YOU TAKE THAT AWAY.
MAYBE A PLANNED UNIT DEVELOPMENT, UH, IS THE WAY TO GO WITH PRIVATE STREETS, THE NON-ACCESS EASEMENT I SHARED WITH YOU EARLIER.
UH, IT DOES SOLVE MR. WESSEL SOME OTHER ISSUES YOU'VE GOT.
UM, THAT MAY BE THE WAY TO GO.
I'M SURE UNIT HOW WE, BUT WE, THAT, THAT ISSUE'S NOT BEFORE US THIS EVENING.
ONLY THE ZONING IS GOOD QUESTION.
SO FISHER BIRD, YOU HAD A THOUGHT, CAN THEY WITHDRAW? THEY CAN WITHDRAW, ABSOLUTELY THEY CAN.
AND THEN WE DON'T, AND THEN WE'RE NOT ON THE CLOCK OR WE CAN TABLE THIS ITEM.
WE CAN DO EITHER ONE OF THOSE THINGS.
BECAUSE WHAT WE'RE GONNA DO IS NOT GO THROUGH THE, THROUGH THE
SO, BUT WE'LL WITHDRAW RIGHT NOW AND THEN RE RESEND THE PLANS TO YOU GUYS AND TAKE YOUR RECOMMENDATION.
WELL, MY SUGGESTION THEN, I MEAN WE, WE, WE CAN DO THAT IF THIS BODY VOTES TO TABLE IT.
UM, BUT MY SUGGESTION WOULD BE THAT YOU THEN GET WITH MR. MUNOZ AND HIS BOARD MEMBERS, THERE'S TWO OTHER BOARD MEMBERS THAT ARE HERE THIS EVENING AND YOU WORK WITH THEM TO SATISFY THEIR CONCERNS ABOUT THE ACCESS SO THAT SOME OF THESE CRITERIA IN THE ZONING THEN ARE MET.
UM, AND IF YOUR REQUEST IS THAT WE TABLE THIS ITEM UNTIL SUCH TIME AS YOU'VE HAD THAT OPPORTUNITY TO VISIT WITH THEM AND COME UP WITH AN ALTERNATIVE PLAN THAT SURE FOLKS CAN SUPPORT, THEN I'M CERTAINLY CONFIDENT THAT THIS COMMISSION WOULD PROBABLY TAKE YOUR REQUEST VERY SERIOUSLY.
ONE NOTE ON OUR CURRENT LAYOUT, UH, EVERYTHING TO THE SOUTH, WE ACTUALLY HAVE A GREENWAY THAT ABUTS THE VILLAS AT HAMPTON PLACE.
AND IT WOULD BE VERY SIMPLE TO CONVERT THAT AREA INTO A NON ACCESS EASEMENT ALONG THAT ENTIRE SOUTHERN BOUNDARY.
NOT JUST IT ABSOLUTELY WOULD CULDESAC, THAT'S SOMETHING WE CAN LOOK AT.
AGAIN, ONE OF MY BIGGEST CONCERNS WAS BRINGING THE ZONING FORWARD BEFORE WE HAD SOME OF THESE OTHER THINGS FIGURED OUT BECAUSE WE CAN GO RECORD THIS EASEMENT.
WHAT DO WE DO? DO WE DO A FIVE FOOT NON ACCESS EASEMENT ALONG THAT SOUTHERN PROPERTY OR DO WE MAKE THAT WHOLE GREEN BELT? THOSE ARE SOME OF THE THINGS THAT MAKE IT REALLY HARD TO BRING THAT UP.
AND BASED ON THAT, BASED ON THE DISCUSSION, WE DO WANT TO WITHDRAW THE, UH, THE ITEM, UH, FOR CONSIDERATION THIS EVENING.
UM, LET ME JUST SORT OF SAY WE'VE ASKED CITY STAFF BECAUSE OF AN ISSUE WE HAD SEVERAL MONTHS AGO WITH THESE SOON TO BE ANNEX PROPERTIES TO BRING THE ZONING TO US FIRST SO WE CAN HAVE THESE SORTS OF DISCUSSIONS.
THIS IS EXACTLY WHAT THIS WAS INTENDED TO DO.
WE DIDN'T GET AN OPPORTUNITY ON THIS OTHER ITEM, THIS OTHER MATTER THAT CAME BEFORE SEVERAL MONTHS AGO TO HAVE THIS DISCUSSION.
IT'S CLEAR TO ME THAT YOU TWO GENTLEMEN DO WANNA WORK SOMETHING OUT.
AND SO ALL THE NEIGHBORHOODS HERE, THE LEADERSHIP OF THE NEIGHBORHOOD IS HERE.
I RECOMMEND YOU GET WITH THEM.
UM, IF YOU WITHDRAW, THEN ESSENTIALLY THE MOTION, THE SECOND ARE NULLIFIED, UH, WILL JUST TAKE NO ACTION IF YOU WITHDRAW AT THIS TIME, UH, I WOULD LOOK AT A PLANNED UNIT DEVELOPMENT WITH PRIVATE STREETS, THE NON-ACCESS EASEMENT, AND VISIT WITH THOSE FOLKS TO COME UP WITH A SOLUTION.
SO THEN THE ITEM BEEN HAVING BEEN WITHDRAWN FROM THE APPLICANT.
THEN THERE WILL BE NO VOTE ON THE MOTION TO DENY.
UM, SO IF YOU'LL REMOVE YOUR SECOND MR. HYLER AND COMMISSIONER FRY, IF YOU'LL REMOVE THE MOTION, IT'LL JUST SORT OF STAY OUT THERE IN SPACE UNTIL THEY COME BACK TO US.
UM, JUST SAY I I I WITHDRAW THE MOTION.
UM, AND YOU WITHDRAW YOUR SECOND.
MS. LINDER, DID YOU WANT TO ADD ANYTHING? OKAY.
WELL THANK YOU ALL AGAIN FOR COMING DOWN.
IT TOOK A LONG WHILE TO GET TO WHERE WE GOT TO GO, BUT I THINK WE GOT THE RIGHT PLACE.
UM, SOMETIMES PUBLIC POLICY IS MESSY, LIKE MAKING SAUSAGE.
IT'S JUST NOT A REAL CUT AND DRIED KIND OF THING.
YOU KNOW, PROPERTY OWNERS IN THIS COUNTRY HAVE RIGHTS.
MR. SPINELLI HAS RIGHTS AS A PROPERTY OWNER, BUT IN CITIES I HEARD THERE YOU GO.
IN CITIES THOUGH, WE HAVE ZONING POWER.
AND THE ZONING POWER IS SO THAT WE CAN HAVE A COMPATIBLE USES ADJACENT TO COMPATIBLE USES TO WHERE PEOPLE ARE HAPPY WITH THEIR NEIGHBORS.
AND WE'VE GOT CERTAIN AREAS FOR COMMERCIAL USE AND RESIDENTIAL USE.
AND SO NOW THAT THE SIDES WILL GET TOGETHER, THE LEADERSHIP IS HERE FROM THE HAMPTON COVE WAY.
FOLKS, I'D ENCOURAGE YOU TO GET TOGETHER WITH MR. SPINELLI AND, AND UH, FIGURE OUT A CREATIVE SOLUTION TO ALL THIS.
BUT THANK YOU FOR COMING DOWN AGAIN TO EVENING FOR TAKING THE TIME TO DO SO.
YOU KNOW, THIS IS HOW DEMOCRACY'S SUPPOSED TO WORK, SO HOPE YOU ALL HAVE A GOOD TASTE WHEN YOU LEAVE TONIGHT.
IT TOOK A LITTLE WHILE, BUT WE GOT TO THE RIGHT RESULT.
SO THANK YOU ALL FOR COMING DOWN.
[6. CONSENT AGENDA: All items listed below within the consent agenda are considered routine by the Planning and Zoning Commission and may be enacted with one motion. There will be no separate discussion of items unless there is a Commission member or citizen request, in which event the item may be moved to the general order of business and considered in its normal sequence.]
GO BACK TO CONSENT, UH, WHICH IS ITEM SIX, CONSENT AGENDA.UM, WE'VE GOT SEVERAL ITEMS ON CONSENT, INCLUDING THE CONSIDERATION OF THE MINUTES OF THE PLANNING AND ZONING COMMISSION OF MAY 5TH.
UH, I'D LIKE TO PULL THAT OFF OF CONSENT BECAUSE I JUST REVIEWED THAT AND SAW SOMETHING THAT I'VE GOT A QUESTION ABOUT.
SO LET'S JUST, IF THE CONSENTS OF THE COMMISSION IS TO PULL SIX A OFF, THEN WE CAN VOTE ON SIX B ON CONSENT.
[02:00:01]
THAT IS ALL RIGHT WITH THE COMMISSION.SO WE'LL TAKE STRIP SIX A OFF SIX B THEN IS THE ONLY ITEM LEFT ON CONSENT.
IS THERE A MOTION TO APPROVE? THE CONSENT AGENDA IS MOTION MADE BY COMMISSIONER BY TO APPROVE THE CONSENT, SECONDED BY COMMISSIONER SENYA.
ANY FURTHER DISCUSSION? ALRIGHT, JUST CAST YOUR VOTE AND WE'LL REVEAL THE RESULTS ON THE MOTION TO APPROVE THE CONSENT AGENDA.
ITEM SIX B ONLY THAT PASSES, UH, WHEN THE ELECTRIC, YOUR ELECTRONICS COME BACK, I THINK IT'LL PASS.
UM, BUT YES, UH, SEVEN IN FAVOR AND UNOPPOSED.
[6.A. Consider approval of the minutes of the Planning and Zoning Commission meeting of May 5, 2025.]
WANTED TO PULL ITEM SIX A OFF, UM, BECAUSE ON PAGE FOUR OF THE MINUTES, MS. LINDER, IT SAYS FRANKIE LINDER CONFIRMED THAT IF ANOTHER BUS, THIS IS ABOUT STARBUCKS, I'M SORRY, THIS BUS STARBUCKS, FRANK LINDER CONFIRMED THAT IF ANOTHER BUSINESS CAME IN ON THE ADJACENT PROPERTY, THE ADJACENT PROPERTY NEXT TO STARBUCKS, ANOTHER DRIVE THROUGH WOULD BE ALLOWED.UM, I THINK I QUESTIONED YOU ON THAT, MS. LINDER.
THAT THAT SECOND BUSINESS WOULD'VE TO COME BACK TO US.
WITH SUP THAT SHOULD BE, WOULD NOT BE ALLOWED.
WELL, THANK YOU WITH THAT CORRECTION THAT ANSWERS MY QUESTION, UH, WOULD NOT, I WOULD SAY THE ACCURATE THING TO SAY IS, WOULD NOT BE ALLOWED WITHOUT ANOTHER SUP APPROVAL.
SO, UM, IF, IF THERE'S A MOTION TO AMEND THE MINUTES TO SAY THAT FRANKIE LINDER CONFIRMED THAT IF ANOTHER BUSINESS CAME IN ON THE ADJACENT PROPERTY, ANOTHER DRIVE THROUGH WOULD NOT BE ALLOWED WITHOUT AN SUP.
IF SOMEONE WOULD MAKE A MOTION TO APPROVE THE MINUTES WITH THAT AMENDMENT, I WOULD ENTERTAIN THAT MOTION.
COMMISSIONER KELLER HAS MADE THE MOTION SECOND BY COMMISSIONER FRIAR.
ANY DISCUSSION? ALRIGHT THEN LET'S GO AHEAD AND VOTE ON THE MOTION TO APPROVE THE MINUTES AS AMENDED.
ALRIGHT, THANK YOU MS. LINDA FOR THAT CLARIFICATION.
I LIKE TO BE QUOTED CORRECTLY.
[7.B. Public Hearing on a request for a Special Use Permit (SUP) to allow a drive-thru in the C2 - Transitional Commercial Zoning District within the SOBO - South Boerne Overlay District at Common of Menger Unit 11, Lot 11A, generally located near the northeast corner of Gallant Fox and Herff Road.]
B, WHICH IS TO A PUBLIC HEARING ON A REQUEST FOR THE SPECIAL USE PERMIT WE JUST TALKED ABOUT, TO ALLOW DRIVE THROUGH IN THE SEAT TWO TRANSITIONAL COMMERCIAL ZONING DISTRICT WITHIN SOBO SOUTH BURNING OVERLAY DISTRICT AT COMMON OF MANGER UNIT 11, LOT 11 A GENERALLY LOCATED IN THE NORTHEAST CORNER OF GALLANT FOX AND HERF ROAD.MS. LINDER, THIS CAME BEFORE US LAST MONTH, BUT IT'S BEFORE US AGAIN THIS MONTH.
CAN YOU SORT OF SHED SOME LIGHT ON THAT SO THE FOLKS IN THE AUDIENCE WILL KNOW WHY THIS IS COMING FOR US A SECOND TIME? YES, OF COURSE.
SO THE PROPOSAL TONIGHT IS IDENTICAL TO THE PROPOSAL LAST MONTH.
THE REASON IT IS BEFORE YOU AGAIN TONIGHT IS BECAUSE OF SOME DISCREPANCIES IN THE ZONING.
UH, AND SO WE WERE ADVISED BY OUR LEGAL COUNSEL THAT THE BEST THING TO DO IS TO RE HOLD A PUBLIC HEARING.
WE WANNA MAKE SURE THAT EVERY MEMBER OF OUR COMMUNITY IS CLEAR ABOUT WHAT CAME BEFORE YOU AND HAS AN OPPORTUNITY TO BE HEARD.
SO, UM, TONIGHT WE'RE HEARING THE SAME THING.
JUST MAKING SURE EVERYBODY HAS THE OPPORTUNITY.
I MEAN, SO, UM, MOST OF THE AUDIENCES LEFT, BUT, UM, BECAUSE WE ALWAYS ERR ON THE SIDE OF FAIRNESS AND TRANSPARENCY, THERE WERE SOME DISCREPANCIES IN THE ADDRESS OF THE PROPERTY THAT WAS POSTED.
MY APOLOGIES TO THE APPLICANT.
'CAUSE NOW IT'S TAKEN ANOTHER 30 DAYS TO GET TO THIS POINT.
BUT THE DISCREPANCY WAS SUFFICIENT IN, IN VIEW OF OUR LEGAL COUNSEL TO DO THIS ALL OVER AGAIN.
SO NO ONE COULD SAY THAT WE WERE HIDING THE BALL OR NOT BEING TRUTHFUL OR FORTHRIGHT WITH THE ADDRESS OF THE PROPERTY BEING CONSIDERED FOR THE SUP.
SO THE DECISION WAS MADE TO BRING IT BACK SO WE COULD SATISFY ALL THE BOXES AND BE SURE THAT PROPER COMMUNITY INPUT WAS SOLICITED AND AVAILABLE.
SO HERE IS OUR CITY OF ERNE STRATEGY MAP.
UM, THIS CONFORMS WITH C ONE AND C TWO.
SO HERE IS THE AERIAL MAP OF WHERE WE'RE LOOKING AT TONIGHT.
UM, THIS PROPERTY IS GENERALLY LOCATED NEAR THE NORTHEAST CORNER OF GALLANT FOX AND HERF ROAD.
THE APPLICANT IS MARK SANTOS OF LJA ENGINEERING, AND THE PROPERTY OWNER IS BERNIE COMMONS, LTD.
AND IT IS CURRENTLY UNDEVELOPED, UH, IN OUR FUTURE LAND USE MAP.
THIS AREA IS DESIGNATED AS AUTO ORIENTED COMMERCIAL.
THIS PROPERTY AS WELL AS, UM, UH, ALL THE NEIGHBORING PROPERTY ALONG HERF ROAD IS ZONED TRANSITIONAL COMMERCIAL ZONING DISTRICT.
UM, THIS AREA, THIS, THIS HATCH YOU SEE IS THE, UH, THE SOUTHERN BERNIE OVERLAY DISTRICT.
THE SOBO, UH, YOU CAN SEE IT APPLIES TO THE BROADER AREA.
THIS PROPERTY, UH, DID HAVE SOME ENVIRONMENTAL CONSTRAINTS.
[02:05:01]
DID A LOW MAR TO ADJUST THEIR FLOOD ZONE, UH, TO BASICALLY MOVE THE LAND OUT OF THE FLOOD ZONE.UM, THAT IS A PROCESS THAT'S BEEN APPROVED AT THIS TIME.
AND HERE WE HAVE OUR SITE PLAN.
SO, UH, THIS PROPERTY, I'M SORRY, THIS SUP IS JUST FOR A SPECIFIC PROPERTY.
IT IS NOT FOR BOTH LOTS THAT WE'LL SEE HERE IN A MINUTE.
IT IS SPECIFICALLY FOR THIS ONE.
UH, NOW THAT THE MINUTES FROM LAST MONTH REFLECT THAT AS WELL.
UH, THE NEW CONSTRUCTION INCLUDES A 6,300 SQUARE FOOT BUILDING.
IT INCLUDES A COFFEE SHOP WITH THE DRIVE THROUGH, THAT'D BE RIGHT HERE.
THAT IS 2,400 SQUARE FEET AND A RETAIL SPACE THAT WOULD BE 3,900 SQUARE FEET.
THE HOURS OF OPERATION OF THE DRIVE THROUGH WOULD BE 5:00 AM TO 9:00 PM SEVEN DAYS A WEEK.
AGAIN, THE SUP IS ONLY FOR THIS LOT, BUT THE DEVELOPER IS ALSO LOOKING TO DEVELOP THIS ADJACENT LOT.
SO WE WANNA ENSURE YOU HAVE THE WHOLE PICTURE.
HERE IS A RENDERING OF THE ELEVATION AND ANOTHER THIS ONE'S OF THE RETAIL SPACE.
SO FOR VEHICULAR ACCESS, THEY'RE PROPOSING A ONE DRIVEWAY ACCESS THROUGH HERF ROAD, AS WELL AS TWO FUTURE ACCESSES THROUGH CROSS ACCESS EASEMENT IN THE REAR.
THESE ARE PRIVATE CROSS ACCESS, UM, VEHICLE PARKING.
THE UDC REQUIRES 21 PARKING SPACES, INCLUDING 180 DA SPACE.
UH, THIS CAN BE INCREASED BY UP TO 10% WITHOUT PENALTY, BUT IT MUST MITIGATE ANY PARKING OVER THIS THRESHOLD.
THE APPLICANT IS PROPOSING 36 SPACES WITH TWO A DA.
SINCE THIS IS OVER THAT THRESHOLD, THEY'LL HAVE TO MITIGATE IT.
THIS DOES ALSO MEAN IT PROVIDES MORE SPACE FOR PARKING ON SITE, UM, TO HELP ALLEVIATE ANY TRAFFIC CONCERNS.
UH, VEHICLE STACKING IS HOW MANY CARS FIT THROUGH THE, AND THEY'RE PROPOSING 11 VEHICLE STACKING, UH, TWO BICYCLE PARKING SPACES AND OF COURSE PEDESTRIAN ACCESS.
UH, MAINTAINING HERF ROAD SIDEWALK AND CONNECTING TO THE SIDEWALK.
WATER WASTEWATER AND ELECTRIC WILL BE PROVIDED BY THE CITY OF BURN, UH, LANDSCAPING, UM, DUE TO SITE LIMITATIONS DUE TO EASEMENTS.
UM, SO THE SITE USES A MIX OF LARGE, MEDIUM AND SMALL TREES WITH INCREASED SHRUBS THROUGHOUT THE SITE.
SO WE WILL, WE'LL KIND OF RUN THROUGH THIS.
SO THE DARK BLUE, THE DARKER THE BLUE, THE BIGGER THE TREE.
UM, AND SO HERE ARE ALL OF THE TREES ON SITE WITH THE LITTLE ONES HERE BEING, UM, LIKE A LAUREL STYLE OR A RED BUD.
UH, HERE, THE DARKER THE GREEN, THE LARGER THE SHRUB.
SO THIS IS ALL PROPOSED SHRUB AREA TO BE PLANTED.
AND THEN THIS LIGHT GREEN IS PROPOSED TO BE GRASSES MIXED OR MIXED GRASSES, EXCUSE ME.
SO STAFF DOES FIND THAT THIS IS COMPATIBLE WITH, UH, THE COMPREHENSIVE PLAN.
IT COMPLIES WITH ZONING, UM, DESIGN CONSTRAINTS, ACCESS CIRCULATION AND PARKING, ENVIRONMENTAL CONSIDERATIONS AND UTILITIES.
WE DID HOLD A, UH, BURNING NEIGHBORHOOD DISCUSSION MEETING IN APRIL.
UM, THREE MEMBERS AT ATTEND ATTENDED.
WE ALSO HELD A PUBLIC HEARING LAST MONTH, UH, AS WELL AS A DISCUSSION ITEM FOR THIS.
UH, THE MONTH BEFORE THAT, UM, FOR THE PUBLIC HEARING, IT WAS NOTICED IN THE PAPER AND ALL PROPERTY OWNERS WITHIN 500 FEET WERE NOTICED.
AND WE RECEIVED ZERO WRITTEN RESPONSES.
SO BASED ON ALIGNMENT WITH THE COMPREHENSIVE MASTER PLAN AND COMPLIANCE WITH THE REQUIREMENTS OUTLINED IN UDC, SECTION TWO FIVE D SPECIAL USE PERMITS, STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION ACCEPT THE FINDINGS AND RECOMMEND APPROVAL OF THE SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH IN THE C TWO ZONING DISTRICT.
AND SOBO OVERLAY DISTRICT, EXCUSE ME, TAKE OUT THAT 84
THESE ARE THESE STIPULATIONS THAT WERE APPROVED BY PLANNING AND ZONING COMMISSION LAST MONTH.
WE COPIED THEM FROM THE MINUTES.
ALL RIGHT, THANK YOU MS. LINDER.
UM, GEE, I DON'T WANNA BE HARPING ON THE MINUTES, BUT, UM MM-HMM
THE MINUTES ACTUALLY INDICATED THAT THE TRAFFIC STUDY WOULD BE, WOULD ASSUME THAT BOTH CONNECTIONS WERE OPEN, BUT YET THIS
[02:10:01]
SAYS ONLY THE CONNECTION TO THE WEST WOULD BE ASSUMED TO BE OPENED, NOT THE CONNECTION TO THE EAST.SO I'M GONNA PRESUME THAT THESE CONDITIONS AS PRESENTED JUST A MOMENT AGO, ARE THE ACCURATE ONES AND THAT WE'LL MOVE FORWARD WITH THAT PRESUMPTION.
DOES THAT SOUND LIKE A GOOD PLAN TO YOU? YES, SIR.
UM, AT THIS TIME I'LL OPEN THE PUBLIC HEARING.
UM, ANYONE WHO WOULD LIKE TO SPEAK IS WELCOME TO DO SO.
DOES ANYONE LIKE TO COME DOWN AND SPEAK TO THE COMMISSION ON THIS ISSUE? UM, THE APPLICANT LIKE TO SAY ANYTHING? UM, YOU SAID IT ALL I KNOW A MONTH AGO, BUT, UM, ANYTHING NEW THAT, UM, YOU WANNA ENLIGHTEN US WITH? GOOD EVENING COMMISSIONER.
APPRECIATE YOU HAVING US AGAIN.
UM, MARK SANTOS, LJA ENGINEERING, UM, 98 30 COL BOULEVARD, 7 8 2 3 0.
UM, SO YEAH, JUST IN REITERATION, WE ARE, UM, ALSO IN SUPPORT OF THE CITY'S APPROVAL, WE ARE ASKING FOR AN SUP FOR, UH, A DRIVE THROUGH.
UM, I KNOW THE PREVIOUS, UH, MEETING BACK IN MAY KIND OF TIED INTO SOME TRAFFIC AND CONCERNS WITH, UH, YOU KNOW, BACKING UP ON HER F AND, AND A LOT OF THOSE CONCERNS, UH, WE FEEL WILL BE ADDRESSED WITH, WITH THE, UH, TIA STUDY, UM, THAT WE, WE DID AGREE TO AND WE JUST WANTED TO REITERATE THOSE.
UM, I BELIEVE JUSTIN HAD SOMETHING YOU WANTED TO SAY.
GOOD EVENING TO SEE EVERYONE AGAIN.
OH, AND WELCOME COMMISSIONER KELLY.
UM, SO ON YOUR COMMENT ABOUT THE ONE ACCESS, UM, I BELIEVE THAT THE DISCUSSION WE HAD AT THE END WAS THAT, UH, SOMEONE HAD MENTIONED THAT THE STUDY SHOULD BE DONE WITH, WITH BOTH ACCESSES COMPLETED.
AND SO I WOULD LIKE TO, UM, MAYBE RE RE-ASK THAT QUESTION ON WHAT WAS THE FINAL DETERMINATION? 'CAUSE MY UNDERSTANDING WAS THAT, UM, IF LOT 11 B IS GOING TO BE DEVELOPED AND THERE'S GONNA BE ACCESS THERE, THAT YOU'D WANT THE, THE END RESULT TO BE STUDIED AND NOT THE TEMPORARY RESULT.
I GUESS WE'LL BRING MS. LINDER BACK FOR THAT.
MR. CRANE, DO YOU HAVE ANYTHING TO ADD? UM, WE'VE GOT A LITTLE DISCREPANCY BETWEEN WHAT THE MINUTES SAY AND WHAT THE, WHAT THE AGENDA ITEM SUMMARY SAYS ON THIS MATTER.
YEAH, I'M TRYING TO, TRYING TO REMEMBER.
AFTER TWO HOURS OF PUBLIC HEARING, I'M TRYING TO REMEMBER
MR. I I I, IF I RECALL CORRECTLY, IT WASN'T THE, UM, THE CONNECTION, IT WAS, I THOUGHT IT WAS COMMISSIONER KATES THAT SAID HE WANTED TO MAKE SURE BOTH PROPERTIES WERE TAKEN INTO ACCOUNT CORRECT.
FOR THE STUDY SO THAT WE WEREN'T PIECING THEM YES.
IN TWO SMALLER AND NEITHER ONE OF 'EM REQUIRING WHAT THEY, WHAT WOULD BE REQUIRED IF YOU DID IT IN TOTALITY OF, OF THE THE TWO PROPERTIES.
IS THAT CORRECT? I THINK I, I KNOW THAT WAS PART OF THE DISCUSSION WAS NOT PIECEMEALING IT WITH TWO SEPARATE LOTS.
SO LET'S TO TAKE THEM BOTH INTO CONSIDERATION TOGETHER.
BUT I DON'T KNOW THAT, THAT WAS MY RECOLLECTION THAT THAT, BUT THAT WAS NOT SAYING THAT BOTH THE, I DON'T RECALL THAT SAYING ANYTHING ABOUT BOTH OF THEM BEING OPEN AND, AND WELL ASSUMPTION AS I'M TALKING ABOUT THE ASSUMPTIONS THE STUDY'S GONNA MAKE, WHICH SOMETIMES VERY IMPORTANT.
BUT THE, I I REALLY DON'T RECALL WHICH PRESUMPTION WE SETTLED ON LAST MONTH.
WHETHER THE WEST CONNECTION WAS OPEN THAT WAS GONNA BE PRESUMED FOR THE TRAFFIC STUDY OR WHETHER BOTH EAST WEST WERE GONNA BE OPEN.
I DON'T RECALL, TO BE HONEST WITH YOU, SIR.
MY, MY RECOLLECTION, SORRY, GO AHEAD.
MY RECOLLECTION WAS THAT ONE OF THE ACCESS POINTS NEEDS TO BE COMPLETED TO ISSUE A CERTIFICATE OF OCCUPANCY.
BUT THEN, UH, COMMISSIONER KATES WANTED THE STUDY TO BE DONE IN THE TOTALITY OF THE DEVELOPMENT, TAKING INTO CONSIDERATION THE FUTURE RETAIL ON 11 B IN, IN COMBINATION OF 11 A AND, AND EITHER WAY I'M FINE, I JUST WANNA MAKE SURE THAT WE, WE DO IT CORRECTLY AND THEN WE DON'T HAVE TO REDO IT AGAIN.
I MEAN, WE DON'T WANT TO RETRADE THE DEAL, SO TO SPEAK.
COMMISSIONER FRIAR'S GOT A BETTER MEMORY THAN ME, SO PLEASE.
WELL, I'M NOT SURE ABOUT THAT, BUT I'M, I FEEL FAIRLY CERTAIN THAT WE DID DEFINITELY SPECIFY THAT BOTH PARCELS WOULD BE TAKEN INTO CONSIDERATION AS IF THEY WERE FULLY DEVELOPED.
HOWEVER, I'M PRETTY SURE I REMEMBER A CONVERSATION THAT WE WERE NOT GOING TO INCLUDE THE ACCESS FROM THE EAST SECOND CUL-DE-SAC BECAUSE THERE, IT WAS GONNA BE A NUMBER OF YEARS BEFORE THAT OTHER SIDE OF THAT CUL-DE-SAC WAS GONNA BE DEVELOPED BECAUSE THAT WAS NOT GONNA BE A AGAINST, IF I RECALL CORRECTLY, DISCUSSION REVOLVED AROUND THEY HAD CONTROL TO THE ACCESS TO GALLUP FOX AND NOT TO THE EAST.
WHICH IS WHY WE BOARDED IT THAT WAY.
SO MS. LINDER IS, IS THE PRESENTATION TODAY, THE AGENDA ITEM
[02:15:01]
SUMMARY FOR JUNE 2ND? THE CORRECT ENCAPSULATION OF WHAT WE DISCUSSED LAST MONTH? I WOULD ASSUME THAT THE CONNECTION TO THE WEST WAS OPEN BUT NOT THE YES.ASSUME THAT THE CONNECTION TO THE WEST WAS OPEN, BUT NOT THE CONNECTION TO THE EAST MM-HMM
AND THE RATIONALE BEING THAT IT WAS GONNA BE SUCH A LONG TIME, WE COULDN'T TELL WHEN THE EAST CONNECTION MIGHT BE OPEN.
DOES THAT SQUARE WITH THE APPLICANT'S RECOLLECTION, MARCUS SHA HIS HEAD? YES, BUT I'M GETTING A NO FROM
UM, IT, IT'S, UH, I JUST WANT A CLARIFICATION ON WHICH DIRECTION IT WAS.
SO IN TERMS OF DESIGNING, TYPICALLY WE DESIGN, UH, BASED ON ULTIMATE DEVELOPMENT AND NOT JUST PROPOSED.
SO ULTIMATE DEVELOPMENT WOULD MEAN ALL THREE POINTS OF ACCESS.
THAT WOULD BE THE EAST, THE WEST, AND OUR CURB CUT.
UM, OF COURSE WE'RE IN SUPPORT OF, YOU KNOW, WHAT, WHAT WE ALL DECIDE HERE.
UM, BUT THAT IS ULTIMATE DEVELOPMENT.
WOULD BE THREE POINTS OF ACCESS.
AND THAT WOULD ACTUALLY HELP WITH THE TRAFFIC BECAUSE ULTIMATELY THERE IS THREE POINTS OF ACCESS PLANNED.
IT, IT WOULD, WE JUST DON'T KNOW WHEN THAT THIRD POINT OUT TO THE EAST WILL BE DEVELOPED.
AND I'M, I'M REMEMBERING THIS NOW AS WE'RE TALKING ABOUT THIS.
HAVING JUST THE TWO WOULD SHOW WHAT THE IN BETWEEN WILL BE.
SO IT'LL SHOW WHAT IT WILL BE, WHAT THE SITUATION WILL BE BEFORE THE, UH, THE CUL-DE-SAC TO THE EAST IS CONSTRUCTED.
'CAUSE I THINK THAT WAS OUR CONCERN.
WE DIDN'T KNOW WHEN IT WOULD BE DEVELOPED.
UM, ANYBODY ELSE? NOW YOU WERE NOT HERE FOR THIS DISCUSSION.
COMMISSIONER LER LAST TIME, WOULD SUE, WOULD YOU LIKE TO, YEAH, I'VE GOT A COUPLE OF THINGS IF YOU DON'T MIND.
UM, AND THANK YOU FOR THE OPPORTUNITY AS WELL TO BE A PART OF THIS AND JUST ASK, UH, A COUPLE OF QUESTIONS.
UM, I THINK WE'VE ALL AGREED THAT THERE'S WILL BE, UM, TRAFFIC AT THE STARBUCKS.
UM, WE'VE SEEN THE EXISTING STARBUCKS AND IT'S OFTEN REFERENCED UP HERE.
YOU ALL AREN'T HERE, BUT IT'S, IT'S REFERENCED FREQUENTLY, UM, THE CHALLENGES THAT STARBUCKS CREATES ON UPPER BOW COUNTY ROAD.
UM, FIRST I WANT TO, IN THE MINUTES THAT WE JUST APPROVED, THERE'S A SENTENCE IN THERE.
STATES ENGINEER BEN FLINT CONTRIBUTED TO THE, TO THE DISCUSSION BY HIGHLIGHTING THAT THE TRAFFIC STUDY INDICATES MOST OF THE TRAFFIC WILL ALREADY BE PASSING BY RATHER THAN GENERATING NEW TRAFFIC.
IS THERE ANY CLARITY ON HOW THAT IS DETERMINED? YEAH, THANK YOU COMMISSIONER.
UH, ONE, YES, THE, THE STARBUCKS, UM, THAT, THAT IS BUILT ON BA IS DEFINITELY HAS BEEN A SUBJECT THAT'S BROUGHT UP TO, TO US.
AND WE PRESENTED THE SITE PLAN OF THAT IN, IN THE LAST MEETING SHOWING THAT IT'S, IT'S A VERY DIFFERENT DEVELOPMENT FROM THIS.
UM, I THINK YOU CAN ONLY PUT SIX CARS IN THE DRIVE THROUGH LANE.
THERE'S ONLY SEVEN OR EIGHT OR NINE PARKING SPOTS TOTAL IN THE ENTIRE PARKING LOT.
SO ONCE THE STAFF GET IN THERE IN SIX CARS OR IN THE DRIVE THROUGH IT, IT IMMEDIATELY COMES A MESS.
AND WE HAVE A COMPLETELY DIFFERENT, WE'VE, WE'VE PLANNED FOR, WE, WE DON'T WANT SOMETHING THAT DOESN'T FUNCTION WELL FOR, FOR, FOR, YOU KNOW, AS AN OWNER, AS A DEVELOPER, BUT ALSO FOR THE COMMUNITY.
WE WANT SOMETHING THAT'S, UH, A GOOD EXPERIENCE FOR THE COMMUNITY TO, TO GO IN AND JOIN TO, TO GET IN AND PARK EASILY AND TO GRAB A COFFEE EASILY AND TO LEAVE EASILY.
UM, YOU KNOW, WE HAVE 11 CARS IN THE CAR STACK.
WE'VE SHOWN THAT, UH, POTENTIALLY WITH THREE ACCESS POINTS, EVEN IF THE CAR STACK WAS FULL.
I MEAN, YOU COULD HAVE UP TO 30 CARS BASICALLY IN LINE BEFORE YOU HAD ANY VEHICLE STARTING TO GO ONTO HERF ROAD.
SO I THINK IT'S A, IT'S A VERY DIFFERENT SITUATION THAN THE OTHER STARBUCKS.
AND WE'RE, WE'RE VERY HAPPY FOR THAT.
THE SECOND THING THE TRAFFIC STUDY IS I JUST FINISHED A STARBUCKS IN B CAVE.
AND SO, UM, LUCKILY I HAVE, UM, ALL THAT DATA FROM, FROM THAT ONE.
AND WHAT THAT DATA SHOWED US WAS THAT MOST OF THE TRAFFIC THAT IS POPPING IN TO GRAB A COFFEE, MOST OF IT, UM, IS ALREADY ON ROUTE FROM, FROM EITHER THEIR HOUSE TO SOMEWHERE OR THEY'RE GOING FROM DROPPING THEIR KIDS OFF TO SCHOOL TO GOING SOMEWHERE ELSE OR ON THE WAY TO THEIR OFFICE.
AND SO MOST OF THE TRAFFIC DOESN'T SAY, UH, I'M GONNA GO GET A COFFEE AND COME HOME.
LIKE, THEY GO TO THE GROCERY STORE OR THEY GO TO THE DENTIST OR WHATEVER.
IT'S USUALLY ON THE WAY TO SOMEWHERE, MEANING THAT, UH, MOST OF THE, THE TRAFFIC IS NOT A, A TRIP CREATION.
UH, IT'S JUST POPPING IN ON THE WAY TO SOMEWHERE ELSE.
AND SO, UM, I'M NOT A TRAFFIC ENGINEER AND THEY HAVE, THEY HAVE WAYS TO, TO STUDY THAT AND PROVE IT AND SHOW IT.
UM, LAST MONTH OUR, OUR TRAFFIC ENGINEER WAS HERE, UM, BUT UH, HE'S NOT HERE THIS EVENING.
SO IT'S MORE OF A SUBJECTIVE, HEY, WE JUST ASSUME EVERYBODY'S GOING TO BE PASSING BY.
THEY HAVE WAYS TO TO, TO RUN THE, THE STUDIES AND TESTS.
UM, I DON'T KNOW IF IT'S A SAMPLE SET OR, OR OR WHAT
[02:20:01]
DATA THEY DO, BUT THEY, THEY GET PRETTY GOOD DATA ON IT.SO IN ONE OF THE DOCUMENTS PRESENTED TO US, AND IT WASN'T IN THE PRESENTATION TONIGHT, AND I BELIEVE IT'S A CITY PROCESS, IS THE PEAK HOUR TRIP GENERATION FORM.
HAVE YOU ALL SEEN THAT? UM, YES.
UM, AND IT USES AN ITE CODE OF 9 3 7 FOR THE COFFEE SHOP.
IS THAT A FAMILIAR TERM? NOT TO ME.
WELL, FROM WHAT I UNDERSTAND, AND, AND LIKE THE INSTITUTE OF TRANSPORTATION ENGINEERS HAS CODES FOR DIFFERENT BUSINESSES AND 9 3 7, WHICH IS THE CODE USED THAT GENERATE TRIPS HERE IS ONE OF THE MOST HIGHEST TRAFFIC CODES.
AND YOU GOT, YOU GUYS HAVE ACKNOWLEDGED LIKE, HEY, WE'RE ONLY REQUIRED TO HAVE 21 PARKING SPOTS, BUT WE NEED, BUT WHAT IS IT WE'RE PROPOSING 36? YOU KNOW, SO WE'RE ADMITTING AND ACKNOWLEDGING LIKE, HEY, THIS, YOU KNOW, WE NEED MORE PARKING THAN WHAT WE'RE EVEN REQUIRED.
IN FACT, I THINK YOU'VE HAD TO MITIGATE THAT.
YOU'VE BEEN PENALIZED MAYBE IN A WAY, UM, TO ACCOMMODATE ALL THE CARS THAT ARE THERE.
AND SO TONIGHT WE'VE GONE INTO LANDSCAPING AND ALL KINDS OF OTHER DETAILS, BUT CONTRARY TO THE LAST ITEM, UM, I'VE JUST BEEN FOCUSED ON THE DRIVE THROUGH 'CAUSE THAT'S ALL WE'RE CONSIDERING TONIGHT.
AND WHENEVER I LOOK AT THE ITE CODE 9 37, IT STATES THAT IT OFTEN EXCEEDS HUNDREDS OF TRIPS PER 1000 SQUARE FEET OF GROSS, UH, SQUARE FOOTAGE.
UM, SO IN A DAY, UM, YOU KNOW, AND WE'RE LOOKING AT 2,400 SQUARE FEET.
IS THAT, IS THAT RIGHT? SO IT WOULD BE FORECASTED THAT WE WOULD HAVE 1200 TRIPS A DAY FOR THE STARBUCKS.
IS THAT SAME? RIGHT, BASED ON THE ITE CODE? IT'S A FACTOR THAT, OKAY, YOU MULTIPLY TIMES THE GROWTH FLOOR AREA AND YOU GENERATE YOUR A MPM OR, UH, WEAKENED ESTIMATED TRIP COUNT.
AND THEN THE RULE OF THUMB THAT YOU USE THERE IS THAT FOR LESS THAN 50,000 SQUARE FEET OF AN ORG OF A, OF A COMPANY OR A BUSINESS, THAT UM, 60% OF THOSE ARE JUST PASSERBYS NOT GENERATING NEW TRAFFIC.
IS THAT FAIR? THAT SOUNDS ACCURATE.
UM, I BELIEVE THAT TRIP COUNT ACTUALLY GENERATED A NUMBER.
I WANNA SAY IT WAS AROUND TWO 60, UM, TRIPS PER HOUR.
UM, SO IT'S A PEAK HOUR TRIP GENERATION.
I ACTUALLY DID THAT EXERCISE MYSELF.
UM, SO IT WAS GONNA BE 260 COUNTS TRIPS PER HOUR.
UM, AND THAT'S WHAT YOU USE TO DETERMINE YOUR TRIP DISTRIBUTION.
UM, AND THAT KIND OF TIES INTO, UH, TURN LANE EVALUATION AND, UM, OTHER FACTORS.
SO THEN IT WOULD BE, OKAY, SO THEN IF IT'S 60% AREN'T NEW TRIPS, THE OTHER 40% OF THE 2,700 TRIPS WOULD, WOULD EQUATE TO 1,080 NEW TRAVELERS TO THIS AREA.
UM, ONE THING I'D POINT OUT IS THAT, THAT PEAK TRAFFIC OF TWO 40 PER HOUR IS, UH, BETWEEN SEVEN AND 9:00 AM AND SO THE AMOUNT OF PEOPLE GRABBING COFFEE AT 3:00 PM OR 4:00 PM SURE.
OR 6:00 PM IS, IS VERY, VERY LOW.
SO I THINK THAT THERE'S SORT OF AN OUTSIZED AMOUNT OF PEACE TRAFFIC IN, IN JUST A FEW HOURS.
AND THEN THE REST OF THE DAY'S PRETTY SLOW.
WHICH ACTUALLY FOR THE OVERALL CONCEPT OF THIS NEIGHBORHOOD RETAIL CENTER WORKS REALLY WELL BECAUSE, UM, YOU KNOW, WITH THAT TRAFFIC COMING IN FROM SEVEN TO NINE, UH, MOST OF THAT TRAFFIC STARTED TO DIE DOWN WHEN SOME OF THE OTHER RETAIL STORES WILL START OPENING.
SPECIFICALLY, WE'RE LOOKING AT PUTTING IN A, A HIGH-END SALON IN THERE.
WE'RE LOOKING AT POTENTIALLY SOME, SOME, YOU KNOW, OTHER, UH, OFFICE USE OR, OR WE DON'T KNOW WHAT THE OTHER TENANTS WILL BE AT.
BUT, BUT TYPICALLY THOSE WOULD OPEN, UH, YOU KNOW, AT, AT AT NINE OR 10 OR YOU KNOW, AT 10 O'CLOCK.
AND, AND SO YOU, YOU KIND OF, WHEN YOUR STARBUCKS SLOWS DOWN, THEN THOSE START, YOU KNOW, PICKING UP A LITTLE BIT OF TRAFFIC.
SO I THINK IT'S A GOOD SORT OF SYMBIOTIC RELATIONSHIP BETWEEN THE TRAFFIC FLOW.
UM, THE OTHER THING ON THE PEAK HOUR TRIP GENERATION FORM THAT WE WERE GIVEN, IT TELLS US 88.99, UM, A MP COW VISITS, THAT'S ALSO FOR A SATURDAY.
UM, THE DAY SATURDAY WAS INTERESTINGLY SELECTED, I GUESS, UM, YOU KNOW, AND THERE'S, THERE'S TWO WEEKEND DAYS OUTTA THE YEAR, BUT THERE'S FIVE WEEKDAYS.
AND IF I THINK ABOUT THE TIMES THAT I GO GET COFFEE AT A DRIVE THROUGH, IT'S NOT SATURDAY, I'D RATHER BE AT HOME DRINKING MY OWN COFFEE, NOT CHASING KIDS AROUND OR IN THE CAR IN A DRIVE THROUGH.
SO I DON'T KNOW IF THE, THE INFORMATION WE HAVE HERE, IF THERE'S A, A PURPOSE BEHIND USING SATURDAY AND USING THE ITE CODE OF 9 3 7, WHICH I'M NOT QUESTIONING WHETHER THAT'S RIGHT OR RIGHT OR WRONG.
[02:25:01]
USED THE CODE OF 8, 7, 6, WHICH SEEMS TO BE MORE OF A CONSERVATIVE NUMBER, UM, WHICH IS UNDERSTANDABLE 'CAUSE WE DON'T KNOW WHAT THE, OR I DON'T KNOW WHAT THE RETAIL SPACE IS, IS GOING TO BE.UM, AND IT JUST SHOWS A PEAK HOUR RATE OF ONE.
UM, SO I DON'T, I DON'T NECESSARILY HAVE A WAY TO EXPLAIN THAT TO MYSELF BASED ON THE INFORMATION THAT WE HAVE HERE.
DO YOU ALL, UH, WAY TO EXPLAIN THAT BY ANY CHANCE? IT'S, IT'S LIKE I SAID IN REITERATION, IT'S AN ESTIMATION OF HOW MANY TRIPS WILL BE COMING PER HOUR.
SO YOU, YOU TAKE THOSE FACTORS TIMES THE GROSS FLOOR AREA.
SO WE HAD, UM, YOU KNOW, BOTH RETAIL SPACES.
WE HAD THE COFFEE SHOP AND THEN WE HAD THE RETAIL AND WE GENERATE AN ESTIMATION OF TRIPS, UM, WHICH TIES INTO WHAT IS ALLOWED FOR A RIDE IN AND RIDE OUT AND WHAT IS ALLOWED AND WHAT TRIGGERS A DE CELL LANE AND WHAT TRIGGERS OTHER, OTHER MEDICATIONS, UM, THAT COULD BE REQUIRED IS, IS REALLY WHAT THE PURPOSE OF THAT IS FOR.
SO ITE CODE 8, 7 6 IS ACCURATE.
THEN AS FAR AS FAR AS, YOU KNOW, WITHOUT HAVING TO SAY WHAT THE BUSINESS IS, IT'S, IT'S ACCURATE FOR WHAT MAY BE PLANNED TO GO THERE.
UM, I CAN'T REMEMBER OFF THE TOP OF MY HEAD.
BUT IT, IT WAS ALSO A, A AS A LAND USE DESCRIPTION OF COFFEE AND DONUT SHOP AS WELL.
THAT'S, THAT IS WHAT IS IN THE IT TE CODE UNDER THAT, UM, IT NUMBER.
UM, SO ONCE WE GO BACK IN FOR HIS CERTIFICATE OF OCCUPANCY AND UH, BUILDING PERMIT, THE CITY'S GONNA TAKE ANOTHER LOOK AT THAT TO VERIFY ACCURACY.
UM, THIS WAS JUST MORE OF AN EXERCISE TO GET THIS STP GOING AS PART OF THE APPLICATION.
UM, IT WILL BE LOOKED AT HEAVILY AGAIN ONCE WE GO IN FOR PERMITTING.
SO I JUST WANNA BE CLEAR, I'M NOT NECESSARILY OPPOSING DRIVE THROUGH AT ALL.
I'M QUESTIONING THE STACKING OR THE QUEUING.
UM, WHENEVER WE LOOK AT THAT RETAIL SPACE, THAT ALSO GENERATES 85 TO A HUNDRED TRIPS PER THOUSAND SQUARE FEET, WHICH THEN THE RETAIL SPACE IS 3,400 SQUARE FEET.
SO WE'RE TALKING ABOUT WHEN YOU ADD ALL THE TRIPS TOGETHER, WHETHER THAT'S AT A PEAK TIME OR A NON-PEAK TIME, YOU KNOW, I THINK ABOUT A SALON, UM, SOMEBODY'S PROBABLY THERE, MY, MY WIFE'S THERE FOR THREE OR FOUR HOURS, UM, TAKING UP A PARKING SPOT.
SO WHENEVER I LOOK AT STACKING OF 11, MY QUESTION IS, IS, IS THAT ENOUGH? UM, IS 11 VEHICLES ENOUGH DURING A PEAK TIME WHEN THERE'S OVER A HUNDRED TRIPS FOR 1000 SQUARE FEET? WE HAVE 2300 SQUARE FEET.
SO WE'RE LOOKING AT 200 CARS COMING THROUGH, WHETHER THEY ARE JUST GETTING BLACK COFFEE AND IN AND OUT OR IF THEY'RE GETTING SOMETHING CUSTOMIZED.
UM, IS 11 ENOUGH FOR THE DRIVE THROUGH? I DON'T THINK IT IS.
UM, IT WAS, UM, THERE WERE SEVERAL OTHER MUNICIPALITIES THAT CONSIDERED THIS EXACT SAME ISSUE.
UM, AND THEY'VE GONE TO AS MANY AS 13, UM, TO 16.
AND SO I KNOW THERE'S A PLAN, THIS COMMISSION'S APPROVED IT AND THERE ARE SOME OTHER SOLUTIONS THAT CAME TO MIND THAT I KNOW HAVE BEEN PRESENTED AT OTHER STARBUCKS OF JUST HAVING SOMEBODY OUT BY THE KD DURING PEAK HOURS, UM, TO EXPEDITE ORDERS.
UM, I THINK THAT THAT'S OPEN FOR DISCUSSION, BUT I CERTAINLY DON'T WANT TO COME IN AND DISRUPT AS THE GUY THAT COULDN'T BE HERE FOR A DELAYED FLIGHT AT THE LAST MEETING, CHANGE EVERYTHING.
BUT I WANTED TO BRING THIS FORWARD AS, AS DISCUSSION FOR COMMISSIONERS AND JUST SEE IF THE IT CODES THAT ARE USED, THE INFORMATION THAT WE HAVE HERE AND THE PEAK HOUR TRIP GENERATION SEEMS LIKE IT'S, UM, MAYBE MINIMIZED WHAT THE ACTUAL NUMBERS WILL BE AND OPEN IT UP FOR DISCUSSION AMONGST COMMISSIONERS.
WELL I THINK COMMISSIONER FENDI, GO AHEAD.
I THINK YOU BRING UP, BRING UP A GREAT POINT 'CAUSE I'M REREADING NUMBER TWO AND NUMBER TWO JUST SAYS WE'RE GONNA DO THE STUDY.
IT DOESN'T NECESSARILY SAY WE WILL APPROVE IT BASED ON THIS OUTCOME OF THE STUDY.
AND MAYBE THIS IS AN OPPORTUNITY TO RELOOK NUMBER TWO AND ADD LANGUAGE THAT THE STUDY WILL BE DONE UNDER THOSE ASSUMPTIONS, CONDITIONS THAT COMMISSIONER HEER JUST BROUGHT UP AND IT WILL BE APPROVED BASED ON THIS OUTCOME.
I THINK YOU GUYS UNDERSTOOD THAT.
I MEAN, IF THE STUDY KINDA CAME BACK AND SAID THAT A DESAL LANE WAS NEEDED BECAUSE OF THE TRAFFIC TRIP GENERATORS CAUSED BY STARBUCKS AND OR THE RETAIL, YOU OBVIOUSLY KNEW THAT WAS GONNA BE A REQUIREMENT.
UM, I THINK IT'S GOOD TO CLARIFY THAT THOUGH, SO THERE'S NO DOUBT YEAH.
THAT, THAT'S EXACTLY WHAT WAS INTENDED.
I THINK COMMISSIONER HARLEY, YOU RAISED A GOOD POINT.
WE DISCUSSED THAT A MONTH AGO.
ONE OF THE THINGS I WAS IMPRESSED WITH WAS YOU MIGHT EXPLAIN FOR COMMISSIONER HARLEY WHO WASN'T HERE,
[02:30:01]
UM, YOUR NOTICE OF ONLINE ORDERING AND RESERVED SPACES.I THINK WE HAVE SIX, SIX, BUT THERE'S TWO OTHER ADJACENT TO THOSE.
YOU MAY WANT TO GO EIGHT, I DON'T KNOW, BUT WE CAN, YEAH, IT'S UP TO YOU.
BUT, SO THAT IS SOMETHING THAT I THINK IS IMPORTANT TO BRING UP AND THANK YOU.
UM, SO WHAT, WHAT'S HAPPENING, THERE'S, THERE'S DEFINITELY A SHIFT IN HOW PEOPLE ARE ORDERING IN STARBUCKS.
AND MOST PEOPLE NOW ARE GRABBING THEIR ORDERS ON THEIR APP WHEN THEY LEAVE THEIR HOUSE OR WHEN THEY'RE FIVE MINUTES.
SO THEY'LL PLACE ORDER AN APP AND THERE'S A MOBILE ORDER PICKUP SPOT, WHICH IS RIGHT ACROSS FROM THE FRONT DOOR.
AND SO WHAT PEOPLE WILL DO, RATHER THAN WAIT IN LINE, ESPECIALLY IF IT'S FULL WITH THE 11 CARS, THEY WILL PULL INTO THEIR PARKING SPACE, THEY'LL WALK IN AND THEIR COFFEE'S A HUNDRED PERCENT READY ON THE SHELF, THEY'LL TAKE IT AND PEOPLE ARE ACTUALLY PREFERRING THAT METHOD.
STARBUCKS PREFERS IT AS WELL BECAUSE IT GIVES PEOPLE IN THE COMMUNITY A CHANCE TO WALK IN, UH, SAY HI TO THE BARISTAS FACE TO FACE.
MAYBE THEY BUMP INTO A NEIGHBOR OR A FRIEND.
THEY CAN HAVE A QUICK CONVERSATION, THEY GET BACK IN THE CAR AND LEAVE.
AND THE END RESULT IS, IT'S FASTER IF YOU GET A LEMON IN LINE AND YOU'VE GOT A WAIT TO GET UP TO B NUMBER SEVEN TO PLACE YOUR ORDER, AND THEN YOU GOTTA WAIT TO GET YOUR WINDOW AND YOU GET YOUR COFFEE, UH, YOU'LL BE LONG GONE WITH YOUR MOBILE ORDER PICKUP.
SO WHAT WE'RE SEEING IS THAT THE MOBILE ORDER PICKUP, ESPECIALLY WITH THE, WITH THE YOUNGER GENERATION, IS BECOMING THE, THE FIRST CHOICE FOR, UH, AN AN ORDER OVER THE DRIVE THROUGH.
WHAT'S ALSO CHANGING WITH STARBUCKS AS A COMPANY, AND IF YOU'VE BEEN LOOKING AT SOME OF THE NEWS LATELY, YOU'LL SEE THIS IS THERE'S, THERE'S A CONSCIOUS SHIFT IN HOW THEY'RE THERE POSITIONING THEMSELVES AS A COFFEE SHOP GOING FORWARD.
UM, SO THE NEW CEO THAT TOOK OVER HAS PURPOSELY CHANGED TO, TO TRY AND BRING BACK THE ORIGINAL COFFEE SHOP EXPERIENCE WHERE THEY ACTUALLY ARE WANTING PEOPLE TO, TO GO INTO THE STORES, SIT DOWN, STAY LONGER, THEY'RE CHANGING THE SEAT SEATING BACK TO HAVE SOME LEATHER SEATING.
THEY'RE CREATING MORE OF A COFFEE SHOP ENVIRONMENT INSIDE.
AND SO IF, IF YOU JUST DO SOME RESEARCH ON THAT, YOU'LL SEE THAT, UM, THERE'S DEFINITELY SOME SHIFT IN THAT IN THE LAST 10 YEARS, UH, STARBUCKS HAS PURPOSELY NOT WANTED PEOPLE TO HANG OUT.
THEY WANT TO SELL THE COFFEE AND HAVE 'EM LEAVE.
AND SO THEY'VE PUT IN UNCOMFORTABLE CHAIRS, THEY'VE REDUCED THE SEATING, THEY'VE MADE IT MORE LOUD AND ECHOY IN THERE.
AND, AND THAT'S BEEN ALL ON PURPOSE.
AND THAT HAS CREATED, UH, IN SOME WAYS MORE TRAFFIC.
BUT BY SHIFTING THIS, INVITING PEOPLE TO COME IN, GATHER WITH THE COMMUNITY, HAVE COFFEE, MAYBE HAVE A MEETING THERE WITH SOMEONE, BRING YOUR COMPUTER, THEY'RE GOING BACK TO THEIR ROOTS.
AND I THINK THAT AGAIN, WILL HELP SOFTEN NOT, NOT A HUGE DIFFERENCE, BUT IT'LL HELP SOFTEN A LITTLE BIT THE, THE, THE DRIVE THROUGH.
UM, SO THOSE ARE ALL FACTORS THAT COME INTO PLAY.
UM, YOU KNOW, UM, I THINK, YOU KNOW, I'VE, I'VE HEARD A LOT OF THINGS.
I'VE HEARD THAT, THAT MAYBE WE HAVE TOO MANY PARKING SPACES AND I SHOULD GET RID OF SOME.
AND THEN I'VE HEARD, UM, THAT, YOU KNOW, IT'S GONNA BE A CONCERN.
THERE'S NOT BE ENOUGH DRIVE THROUGH SPOTS AND, AND THERE'S NOT GONNA BE ENOUGH PLACES FOR PEOPLE TO PARK.
UM, AT THE END OF THE DAY, I JUST WANT TO BUILD SOMETHING THAT FUNCTIONS WELL FOR, UH, THE OWNERS BUT ALSO FOR THE COMMUNITY, FOR, FOR, FOR PEOPLE WHO ARE GOING THERE TO EXPERIENCE IT.
IT NEEDS TO BE A GOOD EXPERIENCE.
AND SO I'M, I'M OPEN TO, UH, REDUCING PARKING COUNT.
IF WE WANNA PULL OFF SOME PARKING SPACES, I'M HAPPY TO DO SO.
BUT AT THE END OF THE DAY, I JUST WANNA MAKE SURE WE'RE DOING SOMETHING THAT WORKS WELL FOR THE COMMUNITY.
WELL, I KNOW FROM FIRSTHAND EXPERIENCE, 'CAUSE MY SON, I MENTIONED LAST MONTH, SO SAT IN LINE AT 40 MINUTES OF WHATABURGER ONE NIGHT MM-HMM
AND FIGURED OUT, YOU KNOW WHAT, I CAN ORDER ON THE APP GO PARK IN THEIR DESIGNATED SPOT AND I GET IT IN FIVE MINUTES.
AND SO THAT'S WHAT HE DOES NOW.
SO I CAN SEE THAT HAPPENING FOR COFFEE.
THE YOUNGER GENERATION CLEARLY FIGURES THINGS OUT.
UM, AND, UH, I CAN SEE THAT HAPPENING, WHICH WILL HELP REDUCE THE NUMBER OF CARS IN LINE WAITING FOR THEIR COFFEE.
I, I MEAN, NOT THINK THAT MAKES SENSE TO ME.
I'M JUST A BLACK COFFEE GUY, SO I DON'T WANT WAIT IN LINE
SO I, I WOULD USE THE APP AS WELL, OR I DO.
IN FACT, I THINK YOU CONVINCED ME THAT WE DON'T EVEN NEED A DRIVE THROUGH.
WELL, I THINK YOU STILL WANTS I'M SEMBLANCE OF A DRIVE THROUGH.
ANYTHING ELSE, COMMISSIONER ER.
YEAH, NO, WITH THAT, WITH THAT BEING SAID, I, I THINK, YOU KNOW, FOR, FOR THERE TO BE A, A SUREFIRE APPROVAL AND THIS BEING A SPECIAL USE PERMIT, I JUST WANT TO KNOW THAT IF THAT, IF THAT, UH, DRIVE THROUGH OR QUEUE FILLS UP WITH UP TO 11 CARS, THAT THERE IS SOMETHING HAPPENING TO MAKE SURE THAT THERE'S EXPEDITED SERVICE.
AND SO I'VE READ MANY, UH, CITY PROPOSALS ON BEHALF OF ENGINEERS THAT ARE REPRESENTING STARBUCKS, THAT, UM, PERSONNEL WILL, UH, GO OUT AND START TAKING ORDERS WITH A HANDHELD DEVICE.
UM, YOU KNOW, ANOTHER THOUGHT IS IS, YOU KNOW, ONCE THAT 11TH CAR IS IN THE DRIVE THROUGH, THERE'S AN ARM THAT GOES DOWN, UM, SO THAT PEOPLE DON'T HAVE THE, UM, I GUESS THE THOUGHT THAT THEY CAN JUST SIT IN LINE AND, AND BACK EVERYTHING ELSE UP.
[02:35:01]
OPEN TO CREATIVE SOLUTIONS, UM, OR OTHER THINGS THAT YOU ALL HAVE DONE IDEAS, BUT THAT'S, THAT'S WHAT I WOULD NEED TO KNOW TO, TO, TO SUPPORT IT.BECAUSE THAT WE'RE NOT GONNA HAVE 19 CARS ALL THE WAY DOWN AROUND AND, YOU KNOW, MAYBE SLOW SERVICE OR IT COULD BE THE CUSTOMER AS WELL, LIKE, OH, I NEEDED TO GET THIS OR NEED TO GET THAT.
AND IT BACKS UP THE, THE DRIVE THROUGH THE, THE OTHER, THE OTHER I, THE OTHER THOUGHT OR IDEA, UM, AND I DON'T KNOW IF WE CAN PULL UP THE DEVELOPMENT PLAN, IS TO CLEARLY MARK THE PARKING LOT WHERE IT SAYS DO NOT BLOCK.
UM, AND THAT WAS A SOLUTION THAT ANOTHER MUNICIPALITY HAD PUT IN.
SO RIGHT BEHIND, UM, CAR LEVIN IN THE QUEUE, THE, UM, THE PARKING LOT IS, IS MARKED OF CLEARLY DO NOT, DO NOT BLOCK THIS AREA.
NOW AESTHETICALLY IT DOESN'T LOOK GREAT WITH BRIGHT RED OR YELLOW, UH, PAINT SAYING DO NOT BLOCK.
BUT, UM, YOU KNOW, THAT THAT COULD BE MAYBE A, AN EASIER FIX AND YOU KNOW, I DON'T, I DON'T KNOW THE ENFORCEABILITY AROUND THAT, BUT IT, IT COULD BE AN OPTION AS WELL.
UM, MR. KELLER, YOU WEREN'T HERE LAST MONTH EITHER, SO THIS WOULD BE YOUR CHANCE TO ASK QUESTIONS AND EXPLORE THIS ISSUE FURTHER.
REALLY, THE ONLY QUESTION THAT I COULD THINK THROUGH READING THROUGH THIS WAS THAT THE TRAFFIC STUDY DID NOT JUSTIFY A DESAL LANE.
IS THAT ACCURATE? WELL, THEY HAVEN'T DONE ONE YET.
I MEAN, THAT WAS, OH YEAH, WE DIDN'T REQUIRE ONE.
AND MR. CARROLL, WOULD YOU COME FORWARD? 'CAUSE I, I'VE GOT A QUESTION ON THE DESAL LANE.
MR. KELLER MAY BE GETTING THERE HIMSELF, BUT I'LL LET HIM GO FIRST, BUT JEFF, COME TELL US.
SO YOU CAN COMMENT ON THE DEC BECAUSE IT'S ABOUT 200 FEET LONG.
HOW LONG IS THE DES CELL LANE? SO WE HAVE CODE REQUIREMENTS EVEN IN EVERYONE.
WE HAVE CODE REQUIREMENTS FOR A STANDARD DES CELL LANE THAT HAS 100 FOOT, I DON'T HAVE IT MEMORIZED, BUT FROM MEMORY IT'S 100 FOOT OF STACKING OF STORAGE AND THEN THE QUEUE, THE TAPER WHERE IT TRANSITIONS BY.
COMMISSIONER KELLER, THAT WAS REALLY MY ONLY QUESTION.
I WASN'T CLEAR OBVIOUSLY BEING NEW HERE IF, IF THAT HAD BEEN DONE AND DECIDED UPON AND WHEN I WAS READING THROUGH THE MINUTES AND THAT I WASN'T POSITIVE ON THAT, BUT SO THAT IS TO BE DETERMINED, IS THAT CORRECT? THAT'S RIGHT.
UH, MR. CAR, WOULD YOU LIKE TO DIS SINCE YOU'LL BE OVERSEEING YOU OR MS. ROGERS WILL BE OVERSEEING THIS STUDY? SURE.
SO WE ALREADY HAVE OUR CONSULTANT WORKING ON THE STUDY.
UM, I HAVEN'T RECEIVED THIS EVENING, I RECEIVED KIND OF SOME FIRST DRAFT VERSION, BUT UH, THEY'RE STILL WORKING ON IT.
UM, AND WE'LL DEFINITELY HAVE SOMETHING THAT WE'LL BE ABLE TO MOVE FORWARD WITH YOU.
UM, WE DID HAVE, MY RECOLLECTION WAS WITH COMMISSIONER FRYER WAS THERE WAS THE ONE TO THE WEST AND THE DRIVE THROUGH LANES, THAT'S WHAT THEY'VE BEEN WORKING ON.
BUT WE COULD HAVE THEM TWEAK IT AS NEED BE, BUT WE CAN HAVE THAT WHERE IT'S JUST THE WEST AND THE SIDE OF THE DRIVEWAY ITSELF.
UM, BUT THEY'RE WORKING THROUGH IT.
UM, AND I'VE VERY MUCH IMPRESSED WITH COMMISSIONER HIGHLER'S TRAFFIC ENGINEERING OF HOW I'LL START CALLING YOU WITH QUESTIONS
UM, BUT IF YOU HAVE ANY OTHER QUESTIONS, I'M HAPPY TO ASK ON IT CODES.
ANYTHING ELSE? COMMISSIONER KELLER? I DON'T BELIEVE SO.
I CAN'T IMAGINE THAT CARS WOULD BE WRAPPED ALL THE WAY TO A DESAL LANE, BUT THAT WAS REALLY WHAT I WAS THINKING IS THAT IF CARS WERE TRYING TO GET IN THERE AND THEY DIDN'T HAVE THE DESAL LANE TO GET OVER IMPEDING TRAFFIC DRIVING DOWN HERF, UH, THAT, THAT WAS MY ONLY CONCERN OR MY ONLY QUESTION THAT I HAD ABOUT IT.
AND I MEAN, IF THEY'RE COMING IN, IF, IF THE DE DESAL LANE IS NOT WARRANTED, THEY'RE STILL COMING IN OFF OF HERTH, BUT THEY GOT A LONG WAY TO GO BEFORE THEY GET TO SURE.
DRIVE THROUGH WHICH THEY COULD CO SEE STACK NEXT TO THE FUTURE RETAIL, WHICH CONCEIVABLY WOULDN'T BE OPEN, UH, AT THAT HOUR OF THE DAY WHEN THIS PEAK HOUR PERIOD IS, OR THEY COULD, IF THEY CAME IN FROM THE WEST CONNECTOR, THEY COULD WRAP AROUND THERE.
THERE'S A, I DUNNO HOW MANY SPACE, HOW MANY FEET THAT IS, BUT THERE'S ADDITIONAL STACKING FOR AT LEAST SEVEN OR EIGHT MORE CARS THERE.
SO, UM, YEAH, I THINK THAT'S A, THAT'S A GOOD POINT THAT YOU RAISED.
ANYBODY ELSE HAVE ANY COMMENTS OR QUESTIONS? I DO.
I I DO HAVE ANOTHER QUESTION, MR. HONOR.
SO IN THE, IN THE UH, LJA LETTER THAT MR. CANTU SENT TO, UH, THE CITY OF BURN ON APRIL 9TH, IT REFERENCES A TRAFFIC STUDY APPROVED BY THE CITY OF BURN.
IS THIS THE TRAFFIC STUDY? NO, THAT IS A, A PEAK HOUR EXERCISE.
THERE IS A TRAFFIC STUDY THAT WAS DONE ON THE ENTIRE MDP, IF I'M CORRECT.
UM, AND IT DOES REFERENCE THESE REFERENCE POINTS.
UM, IT DOES ANALYZE THAT CURB CUT AS WELL AS OTHER CURB CUTS.
AND THAT KIND OF TIES INTO ONE OF MY ULTIMATE QUESTIONS ALSO AS FAR AS WHAT THIS TRAFFIC STUDY IS GOING TO REVEAL SINCE THERE'S ALREADY AN APPROVED TIA STUDY.
UM, I DON'T KNOW IF, IF THIS PARTICULAR TRAFFIC STUDY IS JUST TO ISOLATE HOW THE DRIVE-THROUGH LANE IS GONNA AFFECT TRAFFIC ON HERF OR IS IT KIND OF A BROADER TRAFFIC STUDY AS FAR AS, YOU KNOW, THE REGION AND, AND HOW
[02:40:01]
HER F AND AND OLD SAN ANTONIO MIGHT BE AFFECTED AND JUST TRAFFIC THROUGH.UM, SO THAT WAS, THAT WAS ONE OF MY QUESTIONS THAT I, I WAS WANTING TO ASK AND KIND OF, AND SIMILAR TO YOURS.
UM, BUT YES, THERE IS AN APPROVED TRAFFIC STUDY RIGHT NOW THAT KIMLEY HORN DID PREVIOUSLY.
MR. KIM, MR. CARROLL KNOWS THIS IS GONNA COME UP.
UM, MR. CAR, WOULD YOU GO AHEAD AND ELABORATE WHAT DID, SINCE YOU'RE OVERSEEING, WHAT IS YOUR UNDERSTANDING OF THE END RESULTS, THE DELIVERABLE, IF YOU WILL, OF THE TRAFFIC STUDY? SURE.
AND, AND JUST FOR SOME HISTORY, THE THE CITY'S TRAFFIC IMPACT ASSESSMENT TIA CODE, UM, IT'S REQUIRED.
SO WE REQUIRE TIAS AND TRIP GENERATING FORMS ON EVERY SINGLE PHASE OF DEVELOPMENT.
UM, SO IF SOMEONE'S TURNING IN A, A ZONING APPLICATION OR SUP IF THEY NEED TO DO TRAFFIC WORKSHEET, IF THEY DO WORKSHEET AND IT'S OVER A HUNDRED, THEN THAT TRIGGERS THE FULL BLOWN TIA.
IF THEY'RE DOING BUILDING PERMITS, IT TRIGGERS THE TIA.
SO EVERY STEP OF THE DEVELOPMENT PROCESS, IT TRIGGERS LOOKING AT THE TRAFFIC.
AND WHAT THAT HAPPENS IS SOME PROJECTS ARE, SOME OF THE SMALL PROJECTS ARE THE SAME PROJECT FROM BEGINNING TO END.
BUT WHEN YOU GET IN MUCH LARGER PROJECTS LIKE THIS, WHAT THEY THOUGHT THE PROJECT WAS BACK IN 2017 WHEN THE MASTER PLAN WAS APPROVED, IT'S EVOLVED OVER TIME.
UM, SO IT'S, IT'S EVOLVED AND CHANGED.
AND THEN THE OTHER PART I WANTED TO MENTION TOO, JUST IN THE CODE IS WE DO REQUIRE, UH, SATURDAY SUNDAY COUNTS.
THERE ARE SOME CITIES OUT THERE THAT DON'T LOOK AT SATURDAY SUNDAYS.
UM, BUT WE DO LOOK AT THE PEAK HOUR TRIP MONDAY THROUGH FRIDAY AS WELL AS SATURDAY, SUNDAY.
SO THERE ARE SOME USES THAT PEAK ON THE WEEKENDS, BUT TYPICALLY BECAUSE OF EVERYONE KNOWS HOW GREAT TRAFFIC HAS BEEN THE LAST WEEK OR TWO, UM, SCHOOL TRAFFIC REALLY AFFECTS MONDAY THROUGH FRIDAY TRAFFIC.
ALL WEEKEND TRAFFIC IS MUCH LESS NOW FOR A HISTORY.
SO WHEN THE ORIGINAL MASTER DEVELOPMENT PLAN WAS APPROVED, A BIG TIA WAS DONE FOR ALL THE USES IN THAT ENTIRE COMMONS AND GER PROJECT, IT INCLUDED THE SINGLE FAMILY THAT'S UP ON BANDERA, IT INCLUDED THE MULTI-FAMILY AND THEN ALL THE COMMERCIAL AREAS AND THEN EVERYTHING THAT'S ALREADY BEEN BUILT.
AND SO WHAT WE DO WITH LARGE PROJECTS LIKE THIS IS WE ACTUALLY TRACK, SO WE HAVE THAT MASTER TIA THAT SAID THAT THERE WAS GONNA BE, AND I DON'T HAVE IT MEMORIZED, THERE WAS X NUMBER OF TRIPS FOR THE WHOLE PROJECT.
AND AS ACTUAL PROJECTS COME THROUGH AND DO FINISH OUT, SO WE KNOW THE SINGLE FAMILY IS LESS SINGLE FAMILY THAN WHAT WAS PROPOSED IN THE ORIGINAL TIA, THE MULTIFAMILY IS MORE MULTIFAMILY THAN WHAT WAS APPROVED IN THE ORIGINAL TIA.
BUT THEN THERE'S THE VET CENTER AND THE SCHLOTZKY'S AND ALL THE OTHER USES.
SO WE HAVE A MASTER, TIA TRACKER THAT WE WATCH EVERY SINGLE PERMIT THAT WORKS THROUGH.
AND IT COULD VERY WELL BE THAT IF, AS YOU MENTIONED, UH, RETAIL IS A LOWER TRIP GENERATOR, DRIVE THROUGH COFFEE IS A HIGH TRIP GENERATOR, UM, IT COULD BE VERY WELL THAT EVENTUALLY THE TIA EXCEEDS AND WE, WE HAVE BY CODE 10%.
SO IF THEY EXCEED THE ORIGINAL TIA BY 10%, IT TRIGGERS THEM HAVING TO DO A WHOLE NEW TIA.
AND SO THAT'S SOMETHING THAT STAFF DOES ON EVERY TIME A PERMIT GETS SUBMITTED IS WE WATCH, UM, THE TIA VALUES FROM THE WORKSHEET TO MAKE SURE IT COMPLIES WITH THE ORIGINAL TIA AS WELL AS THAT IT'S THE ACTUAL TIA IS STILL VALID.
SO SATURDAY WAS USED AS A A DAY BECAUSE THAT'S THE PROCESS THAT YOU CORRECT.
ALL OF IT'S, IT'S SATURDAY OR SUNDAY.
AND DEPENDING ON, ON THE ITE CODE, SOME THINGS CHURCHES, CHURCH FOR EXAMPLE, WILL PEAK ON SUNDAY, BUT SOME OTHER USES WOULD PEAK ON SATURDAY.
SO, SO YOU'RE SAYING THAT SATURDAY MORNING IS THE BUSIEST DAY FOR STARBUCKS? NOT I, I DON'T HAVE THE 9 37 IS THE CORRECT CODE FOR A COFFEE OR DONUT SHOP WITH DRIVE THROUGH.
I KNOW THAT, BUT I DON'T REMEMBER THE CODE THAT WELL TO SAY IT'S SATURDAY OR SUNDAY, BUT I CAN GET BACK, GO LOOK IT UP AND GET BACK TO YOU.
YEAH, IT'S A HIGHLIGHTED BOX, SO I JUST ASSUMED IT WAS LIKE, HEY, IF WE USE SATURDAY KEEPS IT UNDER A HUNDRED, THEN WE DON'T HAVE TO DO A FULL TRAFFIC IMPACT ANALYSIS.
BUT, BUT A HUNDRED IS THE MAGIC TRIP.
UM, ONCE YOU HAVE A HUNDRED TRIPS, YOU HAVE TO GO DO A MUCH BIGGER, YOU HAVE 99 TRIPS, YOU FILL OUT THAT ONE WORKSHEET, YOU HAVE ONE UNDER 101 TRIPS, YOU HAVE TO DO A MUCH BIGGER STEP.
UM, COFFEE SHOP IS, IS OVER UNDER.
SO, BUT THE ORIGINAL TIA HAD A, A COFFEE LOCATION IN THE ORIGINAL MASTER PLAN AS WELL.
SO THIS OBJECT AGAINST THE TIA.
SO THAT WAS, UH, YOU KNOW, TO ADD TO THE ORIGINAL KIMLEY HORN STUDY, I THINK WE TALKED ABOUT THIS LAST MONTH WITH, UM, WHEN BEN WAS HERE FROM KIMLEY HORN WHO DID THIS STUDY OR HE WAS WITH A COMPANY THAT DID THIS STUDY, HE DIDN'T DO IT HIMSELF.
UM, IN THE MASTER PLAN, THEY, THEY ACCOUNTED FOR, UH, DIFFERENT TYPES OF RETAIL INCLUDING A COFFEE SHOP AND, UH, SOME FOOD USE AND MULTIFAMILY.
EVERYTHING WAS IN THE MASTER STUDY, UH, A MIX.
AND IT, IT MAY HAVE SHIFTED SLIGHTLY FROM OVERALL MASTER PLAN HAS CHANGED OVER TIME, BUT I THINK THIS USE TYPE WAS IN THAT ORIGINAL PLAN AND ACCOUNTED FOR IN THE ORIGINAL MASTER PLAN.
[02:45:01]
OKAY.ANY OTHER QUESTIONS? COMMISSIONER HOLLAND? ANYONE ELSE? MR. KATES? UH, I LOVE YOUR PROJECT.
AND UH, BUT I DO WANT TO, UH, APPEAL TO MY COMMISSIONERS ONE MORE TIME WITH MY FOX FROM LAST, UH, MONTH.
UM, UPPER, I LIVE OUT UPPER BALCONES.
LAST THURSDAY THERE WERE 17 CARS QUEUED WENT ALL THE WAY UP UPPER BALCONES AND THREE ONTO THE BACK ROAD.
UM, THERE ARE AS MANY CARS IN THAT LINE AT THREE O'CLOCK OR FIVE O'CLOCK IN THE AFTERNOON AS THERE ARE AT SEVEN OR EIGHT IN THE MORNING.
UH, WITH THE ICED COFFEES, I DON'T SEE A BIG DIFFERENCE IN WHEN I GET BACKED UP.
AND JUST SPEAKING FROM MY FAMILY, UH, ALMOST EVERY STARBUCKS RUN IS A TRIP FROM HOME GOING, LET'S GO GET A STARBUCKS.
SO I DO THINK IT GENERATES A LOT OF TRIPS.
ALL THE DISCUSSION HAS, HAS REVOLVED AROUND REALLY THREE THINGS.
STACKING, UH, NOT INTERFERING AS LEAST AMOUNT AS WE CAN WITH THAT BEING A MAJOR THOROUGHFARE GOING THROUGH THERE.
AND, UM, AND THEN THE PARKING AT THE FRONT, UH, THE, THE FRONT OF THE STARBUCKS IS WHERE THE PATIO IS.
I DON'T KNOW WHERE THE FRONT OF THE RETAIL IS PLAYING, BUT THERE ARE ACTUALLY ONLY FOUR PARKING PLACES THAT SOMEONE THAT WANTS TO COME SIT AT THE PATIO CAN USE THERE.
UM, THIS CURB CUT WOULD NOT BE ALLOWED UNDER CURRENT STANDARDS.
AND WITH THAT CURB CUT, THERE'S GONNA BE THREE POINTS OF INGRESS AND EGRESS IN AN 800 FOOT STRETCH ALONG, UH, THAT ROAD.
UH, TO ME, THE SIMPLEST THING TO PUT ALL THIS TO BED, AND IT WOULD ALSO OPEN UP PROBABLY SIX VERY VALUABLE PARKING PLACES UP THERE IS STIPULATE THAT THERE'S NO CURB CUT, OPEN UP THE PARKING PLACES AND GUARANTEES NO STACKING ONTO, UH, EARTH ROAD.
UH, IN MY MIND THAT'S STILL THE SIMPLE SOLUTION TO THIS.
UM, THANK YOU FOR BEING, UH, A CONSTANT ADVOCATE FOR WHAT YOU BELIEVE
UM, I ASK ALL THE COMMISSIONERS TO BE JUST THAT, UM, IN YOUR HEART OF HEARTS, THIS IS WHAT YOU BELIEVE.
YOU OUGHT TO SAY IT AGAIN, YOU BELIEVE TO THE FIRST TIME YOU BELIEVE IT.
NOW I THINK, I THINK THAT WE'VE BEEN TOLD THOUGH THAT IF THE CURB CUT WASN'T ALLOWED, THAT THERE WOULDN'T BE A STARBUCKS.
AND SO, YOU KNOW, AGAIN, HERE'S OUR DILEMMA, RIGHT? WHAT, WHAT DO WE WANT THERE? WE WE, WE'VE BEEN TRYING TO GET SOMETHING LIKE THIS IN SOBO FOR A LONG WHILE.
WE'VE HAD A AUTOMOTIVE REPAIR SHOP.
BILL IN THE AUTOMOTIVE INDUSTRY.
UM, YEAH, THIS, I THINK THIS IS A GOOD DEVELOPMENT.
THAT'S WHY LAST MONTH I RAISED THE ISSUE OF THE DESAL LANE.
'CAUSE WE WANT TO BE SURE THAT THERE IS NO STACKING UNDER HEARTH ROAD LIKE WE SEE WITH THE OTHER STARBUCKS IN THE COMMUNITY.
UM, AND DESAL LANE MAKES IT EASIER FOR THERE TO BE ESSENTIALLY LESS, UM, INTRUSION, LESS BURDEN, LESS, LESS BURDEN, LESS CONFLICT, IF YOU WILL, WITH THE TRAFFIC ALREADY FLOWING ON HER ROAD.
WE, WE CAN'T HAVE STACKING ON HER ROAD.
AND SO BASED ON WHAT COMMISSIONER ENO SAID EARLIER, YOU KNOW, WE MIGHT WANT TO CONSIDER SORT OF MODIFYING, UH, THE SECOND CONDITION TO SAY THE TRAFFIC STUDY.
THAT, THAT IF THE TRAFFIC STUDY REVEALS THE NEED FOR A DECELERATION LANE TO PREVENT STACKING ONTO HERF ROAD, THE RECOMMENDED DECELERATION LANE MUST BE CONSTRUCTED BY THE APPLICANT PRIOR TO THE C OF O BEING ISSUED CERTIFICATE OF OCCUPANCY BEING ISSUED.
I DON'T THINK YOU'D HAVE A PROBLEM WITH THAT.
YOU LOOK, YOU GUYS WANT TO DO WHAT WORKS, RIGHT? I MEAN, IT'S, IT'S GOOD FOR BUSINESS, IT'S GOOD FOR US.
AND SO I'M COMFORTABLE WITH THAT, WITH MR. CARROLL OVERSEEING ALL THAT WITH MR. ROGERS THAT, YOU KNOW, WE'RE GONNA GET, WE'RE GONNA KNOW WHETHER THIS IS GONNA BE A STACKING ISSUE OR NOT.
AND THAT'S, THAT'S MY CONCERN, IS IT CAN'T BE, WE JUST CAN'T HAVE HERF ROAD SHUT DOWN BECAUSE FOLKS ARE WAITING TO GET THEIR, THEIR COFFEE IN THE MORNING.
THAT WOULD BE A DISASTER FOR THIS COMMUNITY, UH, IN MY OPINION.
ANY OTHER THOUGHTS? UM, SO AT THIS TIME I'LL BE HAPPY TO ENTERTAIN A MOTION ON THIS ITEM, UH, FROM A COMMISSIONER, UM, WITH A COMMENSURATE SECOND, WHATEVER THAT MOTION TURNS OUT TO BE.
OH, MS. LINDER, DID YOU OPEN A PUBLIC HEARING? CAN WE CLOSE IT? UH, I OPENED IT.
WE'LL CLOSE THE PUBLIC HEARING.
THANK YOU MS. LINDER VERY MUCH.
UH, SO NOW WE GET TO MOVE ON TO COMMISSION DISCUSSION DELIBERATION.
SO IS THERE A MOTION, UM, A MOTION TO APPROVE BY COMMISSIONER BYRD? UM, WITH THE ADDING THE STIPULATION ON THE CFO TO INCLUDE THE, UH, STUDY FOR DETAILING.
SO IT MUST BE CONSTRUCTED THE LANGUAGE THAT I READ.
OKAY, THANK YOU COMMISSIONER BERG FOR CLARIFICATION.
SECONDED BY COMMISSIONER SENYA.
ALRIGHT, ANY FURTHER DISCUSSION ON THIS ITEM BEFORE WE CAST A VOTE? YEAH, I MEAN, WE, WE STILL DON'T HAVE THE, THE MECHANISM THAT I EXPRESSED IN THERE TO HAVE
[02:50:01]
EMPLOYEES WITH, UH, UH, SOME TYPE OF SOLUTION IF THAT, IF THAT LANE STACKS UP BEYOND 11, THAT THERE'S URGENCY BEHIND SERVICE WITH EMPLOYEES WITH HANDHELD ABILITY TO TAKE ORDERS.CAN I, CAN I ADDRESS THAT REAL QUICK? YES, COMMISSIONER, PLEASE.
SO THE LAST MEETING, I THINK WE ADDRESSED THAT BY MAKING ONE OF THE REAR ENTRANCES MANDATORY PRIOR TO A, UH, CFO, WHICH CREATES, SO COMING UP AROUND HERPS IN THE CUL-DE-SAC AND BEING ABLE TO ENTRANCE THE DRIVE THROUGH FROM THE REAR, UM, GIVES YOU 30 PLUS STACKING.
THE, A LOT OF THE STACKING THAT YOU SEE COMMISSIONER HYLER ABOVE, ABOVE THE ESTABLISHMENT UP IN HERE MM-HMM
SO YOU'D HAVE ADDITIONAL STACKING UP IN THERE.
UM, SO THAT'S HOW THAT WAS ADDRESSED IN LAST MONTH'S MEETING, IF THAT HELPS.
IS THAT STILL IN THERE? YES, IT IS.
IT'S, THAT'S, THAT'S ITEM NUMBER ONE.
SO THAT WOULD STILL, FOR ANYBODY PARKED IN THOSE 16 SPOTS, IF STACKING WAS THERE, THEY'D BE ABLE TO BACK OUT.
WELL, I'M NOT GONNA, I DON'T KNOW IF THEY'D BACK OUT OR NOT, BUT STACKING, I WOULD PRESUME THERE'S ENOUGH ROOM, IF YOU LOOK AT THE SITE PLAN, THERE'S ENOUGH ROOM TO GO ADJACENT TO THE FUTURE RETAIL ON THE WEST SIDE AND ALLOW FOLKS THAT ARE PARKED IN THOSE SIX SPACES TO BACK OUT.
I PRESUME I, I'M NOT A TRAFFIC ENGINEER.
I DON'T KNOW NEARLY AS MUCH AS YOU DO COMMISSIONER HYLER ABOUT ITE AND THE LEG.
MR. CARROLL, WOULD YOU COME UP, IS THERE ENOUGH DISTANCE, ENOUGH CLEARANCE, I GUESS IS THE QUESTION, UH, FROM THOSE SIX PARKING SPACES TO THE PROPOSED FUTURE RETAIL, UM, TO ALLOW FOR IF THERE'S ADDITIONAL STACKING BEYOND THE 11 THAT'S NOT ON THE CONNECTION TO THE WEST IN THE BACK, BUT COMES OFF OF A HERF TO ALLOW FOR THOSE FOLKS IN THOSE SIX SPACES TO BACK OUT AND LEAVE THE ESTABLISHMENT.
SO MY SONS ARE CHICK-FIL-A FANS, SO I'VE WAITED IN THE CHICK-FIL-A LINE MANY DAYS.
UM, SO SOME PLACES, SOME CHICK-FIL-A HAVE SIGNS THAT KIND OF EXPLAIN WHERE THAT QUEUE LANE AND UH, HOW THE QUEUE LANE COULD POTENTIALLY GO.
UM, BUT AS, YES, WE'VE, WE'VE RECEIVED MANY CALLS FOR THE OTHER STARBUCKS AND YEAH, 17 TO 20 WE SEE THE QUEUE OUT THAT PRETTY FREQUENTLY.
BUT IF YOU LOOK AT THE DISTANCE FOR THE 11 CARS AND TAKE, TAKE THAT DISTANCE KIND OF COMING BACK DOWN THE SIX, UM, AND TO THE DRIVE THROUGH THAT WAS OUR, OUR MAIN GOAL WAS TO MAKE SURE WE DON'T BACK UP ONTO HER.
UM, I THINK THAT'S A, A, A STORE ISSUE.
UM, IF THEY CAN'T, THERE'S OTHER RESTAURANTS THAT I HAVE IN HERE IN TOWN THAT SOMETIMES YOU CAN'T GET OUTTA THE PARKING SPOTS OF THE WHATABURGER OR THE BILL MILLER.
UM, THAT THE, THE DRIVE THROUGH LANE WILL BLOCK TRAFFIC.
SO THAT'S, THAT'S AN ISSUE WITH THEIR CUSTOMERS.
I'M NOT GONNA GO TO THEIR STORE 'CAUSE I CAN'T GET IN OUTTA THEIR PARKING LOT.
SO I THINK THAT'S, I MEAN, I, I REALLY APPRECIATE HOW THIS COMMISSION DRILLS DOWN INTO THE ISSUES THAT AFFECT THE COMMUNITY AS A WHOLE.
UM, AND RARELY DO WE GET INTO THE BUSINESS.
AND COMMISSIONER BIRD, I THINK WILL, WOULD SECOND THIS OF, OF TELLING APPLICANTS HOW TO RUN THEIR BUSINESS.
I MEAN, THEY'RE PRESUMED TO KNOW HOW TO BEST RUN THEIR BUSINESS.
AND SO WE ARE CONCERNED ABOUT TRAFFIC AND CONGESTION AND STACKING, WHICH WE SHOULD BE.
UM, AND PERHAPS WHAT YOU'RE SUGGESTING IS AN ATTENDANT ISSUE TO THAT.
BUT I'M, I'M COMFORTABLE WITH ALL THE, THE REAL ESTATE I SEE THAT'S GONNA BE PAID PROBABLY MORE THAN SHOULD BE, BUT THE LANDSCAPING PLAN IS GOOD.
UM, THAT THERE'S NOT GONNA BE AN ISSUE, UH, IN THE TRAFFIC.
IF THERE IS A TRAFFIC STUDY WILL REVEAL IT, AND THEN WE'LL TAKE THE APPROPRIATE MEASURES, BUT THE DESAL LANE IN WHICH IS ANOTHER A HUNDRED FEET OF POTENTIAL STACKING.
SO I'M, I'M COMFORTABLE THAT WE'RE IN A GOOD SPOT THERE.
ANYTHING ELSE? COMMISSIONER HOLLERER? THAT'S IT.
ANYBODY ELSE? ALRIGHT, SO THE MOTION ON THE FLOOR IS TO APPROVE WITH THE ADDED LANGUAGE THAT I READ EARLIER, UH, TO CONDITION TWO.
UM, THEN CAST YOUR VOTE AND WE'LL REVEAL THE RESULTS.
THANK YOU VERY MUCH FOR COMING BACK AND, UH, TOLERATING OUR NEED TO DO THIS AGAIN.
[7.C. Major Development Plat approval for Big Country #104 generally located at the southwest corner of Spencer Ranch Blvd and State Highway 46 within the Extraterritorial Jurisdiction (ETJ) of the City of Boerne.]
TO ITEM SEVEN C, WHICH IS TO CONSIDER APPROVAL OF BIG COUNTRY NUMBER 1 0 4, MAJOR DEVELOPMENT PLAT GENERALLY LOCATED AT INTERSECTION SOUTH OF SPENCER RANCH BOULEVARD, AND WEST OF STATE HIGHWAY 46 WITHIN THE ETJ OF THE CITY OF BURN.AND WHAT I HAVE FOR YOU TODAY IS THE BIG COUNTRY 1 0 4 MAJOR DEVELOPMENT PLAT.
THIS ITEM ALIGNS WITH C ONE AND C3 ON OUR STRATEGY MAP.
THIS AERIAL MAP PROVIDES AN OVERVIEW OF THE SITE LOCATION.
THE PROPERTY CONSISTS OF 2.24 ACRES AND LIES WITHIN THE ETJ.
THE APPLICANT IS UP ENGINEERING NOW PART OF BOWMAN, AND THE PROPERTY OWNER IS ARIF MOHAMMED.
THIS PROPERTY IS DESIGNATED AS NEIGHBORHOOD RESIDENTIAL AND AUTO ORIENTED COMMERCIAL IN THE CITY'S
[02:55:01]
FUTURE LAND USE MAP.THIS SUPPORTS LOW TO MEDIUM DENSITY DEVELOPMENT AND COMMERCIAL USES THAT CATER TO VEHICULAR ACCESS ALONG MAJOR CORRIDORS.
I WANT TO HIGHLIGHT THAT THIS PROPERTY IS ADJACENT TO, BUT NOT INCLUDED IN THE SPENCER RANCH DEVELOPMENT AGREEMENT.
THIS DISTINCTION IS IMPORTANT AS REQUIREMENTS SUCH AS THE FUTURE TRAFFIC SIGNAL AT HIGHWAY 46 AND SPENCER RANCH BOULEVARD ARE TIED TO THE SPENCER RANCH DEVELOPMENT AND DO NOT APPLY TO THIS PROJECT WHILE PORTIONS OF THE PROPERTY FALL WITHIN THE DRAINAGE PROTECTION ZONES ONE AND TWO.
THE PROJECT WAS SUBMITTED IN OCTOBER, 2020 AND REVIEWED IN ACCORDANCE WITH THE REGULATIONS IN EFFECT AT THE TIME OF THE SUBMITTAL.
THEREFORE, CURRENT ENVIRONMENTAL CONSTRAINTS SHOWN ON THIS MAP DO NOT APPLY.
THE PROPOSED DEVELOPMENT INCLUDES A 6,500 SQUARE FOOT COMMERCIAL BUILDING WITH A GAS STATION CONVENIENCE STORE, AN ADDITIONAL SUITE 10 GAS PUMPS AND TWO CANOPIES.
PUBLIC INFRASTRUCTURE PLANS WERE APPROVED EARLIER THIS MONTH.
AND 0.123 ACRES WILL BE DEDICATED TO TEXT DOT FOR RIGHT OF WAY.
PRIMARY ACCESS TO THE SITE WILL BE FROM STATE HIGHWAY 46 AS APPROVED THROUGH A VARIANCE GRANTED, UH, IN 2021 BY THE PLANNING AND ZONING COMMISSION AT THE TIME.
TXDOT HAS ALSO REVIEWED AND APPROVED A LEFT TURN LANE AT THAT LOCATION.
UM, SECONDARY ACCESS SHOWN IN YELLOW WILL BE PROVIDED VIA SPENCER RANCH BOULEVARD.
A TRAFFIC IMPACT ANALYSIS HAS BEEN COMPLETED AND APPROVED FOR THIS PROJECT WHILE IT ACCOUNTED FOR TRAFFIC GENERATED BY BOTH THIS SITE AS WELL AS A SPENCER RANCH SUBDIVISION.
THE RESULTS INDICATE THAT A TRAFFIC SINGLE, EXCUSE ME, THE RESULTS INDICATE THAT A TRAFFIC SIGNAL AT THE STATE HIGHWAY 46 AND SPENCER RANCH BOULEVARD INTERSECTION IS NOT WARRANTED AT THIS TIME.
IN ACCORDANCE, UH, WITH THE 2020 SUBDIVISION ORDINANCE, 5% OF IMPERVIOUS OF THE IMPERVIOUS AREA MUST BE PRESERVED AS OPEN SPACE.
THEREFORE, 0.12 ACRES IS DESIGNATED ALONG SPENCER RANCH BOULEVARD HIGHLIGHTED THERE IN GREEN, AND A TOTAL OF POINT 22 ACRES IS, UH, PROVIDED AS OPEN SPACE.
AND THE REST OF IT IS TOWARDS THIS SOUTHERN, UH, SOUTHWEST PORTION.
THE PLAT IS CONSISTENT WITH THE CITY'S COMPREHENSIVE MASTER PLAN AND COMPLIES WITH THE APPLICABLE SUBDIVISION ORDINANCE.
IT MEETS THE TECHNICAL REQUIREMENTS FOR APPROVAL, INCLUDING UTILITIES, DRAINAGE, AND ACCESS.
ALL NECESSARY VARIANCES HAVE BEEN GRANTED.
STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION APPROVE THE BIG COUNTRY NUMBER 1 0 4, MAJOR DEVELOPMENT PLA SUBJECT TO THE FOUR STIPULATIONS OUTLINED ON THE SLIDE, AS WELL AS IN YOUR AGENDA PACKET.
AND I HAVE FOR YOU TWO, UH, MOTION OPTIONS FOR YOUR CONSIDERATION.
UM, ANY QUESTIONS OR COMMENTS FROM THE COMMISSION? COMMISSIONER FRIAR, COULD WE HAVE LIKE A TWO MINUTE BREAK? OH, WE CAN.
SO IT'S, IT'S NINE O'CLOCK NOW.
UH, I DON'T WANT TO, I DON'T WANNA KEEP Y'ALL ALL NIGHT.
YOU'RE RUNNING BACK AND FORTH.
UM, SO NINE O'CLOCK, WE'LL RECONVENE AT NINE 10 JUST TO TEMPORARY RECESS FOR 10 MINUTES.
I'M, I KNOW MY FAVORITE PERSON, SO THIS IS WHAT THEY'RE ALL LIKE, HUH.
UM, MR. ARD, I THINK YOU'LL GO AHEAD AND, UM, COME BACK TO THE PODIUM BECAUSE I THINK YOU'D FINISHED YOUR PRESENTATION.
IT WAS TIME FOR QUESTIONS FROM COMMISSION MEMBERS.
I WAS JUST GONNA SAY OUR APPLICANT IS IN THE AUDIENCE ALSO READY FOR, TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, NO PUBLIC HEARING ON THIS, BUT I MEAN, WE'VE GOT, WE'VE GOT A RESOURCE IF WE HAVE ANY QUESTIONS, ANY QUESTIONS FROM ANYONE ON THE COMMISSION WITH RESPECT TO THIS ITEM? QUESTIONS OR COMMENTS? I'VE GOT ONE CASE QUESTION.
YOU'RE GONNA BE PROUD OF ME,
I WAS PROUD OF YOU, MR. THERE'S BEEN A SIGN OUT THERE FOR A VALERO FOR A LONG TIME.
IS THIS THE SAME SPOT? IS IT THE SAME SPOT? YES.
HOWEVER, I DON'T KNOW IF IT'S A VALERO, BUT, BUT THE SAME SPOT FOR A GAS STATION.
ANYBODY ELSE? COMMISSIONER VAIO.
I WAS JUST GONNA ASK, THE PROPOSED PROJECT IS AT THE ENTRANCE OF SPENCER RANCH? YES, SIR.
IT'S AT THE CORNER OF SPENCER RANCH BOULEVARD AND STATE HIGHWAY 46.
AND I'M ASSUMING THE DEVELOPERS OF SPENCER RANCH PURCHASED THEIR PROPERTY OR DEVELOP THEIR PROPERTY KNOWING THAT THIS COMMERCIAL PROPERTY EXISTED? I DON'T KNOW IF THEY KNEW.
[03:00:01]
I, UM, DO YOU KNOW THE HISTORY? POWERSHE'S, SHE'S BEEN A GREAT RESOURCE AND I CAME IN, SHE'S BEEN SITTING ALL EVENING.
UM, STATE YOUR NAME AND ADDRESS IF YOU WOULD PLEASE, MA'AM.
I'M TYLER SMITH WITH UP ENGINEERING.
UM, WE ARE THE CIVIL ENGINEERING FIRM ON THIS PROJECT.
AND YOU WERE ASKING ABOUT THE, THE, UH, CURRENT OWNER OF THIS COMMERCIAL PROPERTY.
UH, SO THIS, THIS COMMERCIAL PROPERTY WAS ALREADY ZONED WHEN SPENCER RANCH BEGAN DEVELOPING THAT PROJECT.
I'M ASSUMING IT'S, WE'RE ACTUALLY IN THE ETJ, SO WE DON'T HAVE ZONING, BUT YES.
THIS, THIS OWNER OF THIS PROPERTY PURCHASED IT FROM SPENCER RANCH.
PURCHASED IT FROM SPENCER RANCH? YES.
I WAS JUST, I MEAN, I DON'T KNOW, JUST TO ME, A GAS STATION AT THE ENTRANCE OF A DEVELOPMENTALLY SPENCER RANCH JUST SEEMS ODD TO ME, BUT IT'S VERY COMMON FOR THE DEVELOPER TO SELL OFF THE RETAIL SPACE UP ON THE FEEDER ROAD, ON THE MAIN HIGHWAY TO OFFSET THEIR, THEIR, UH, EXPENSE.
I MEAN, I, I KNOW THAT UP 46 CLOSER TO, UH, NEW BRAUNFELS.
THERE'S TWO OR THREE OF THESE MM-HMM
SO IF I CAN ELABORATE OR IF I CAN OFFER SOME MORE CONTEXT, THE ACTUAL SUBDIVISION BIR SPENCER RANCH ON THE MAP YOU SEE IS ORANGE.
AND THEN THERE'S A NUMBER OF DIFFERENT USES THAT GUESS ARE GOING TO BE DEVELOPED ALONG SPENCER WRENCH.
SO IT MAY NOT LOOK QUITE SO OUT OF PLACE OR A GAS STATION.
IT LOOKS LIKE HERE, WHAT YOU SEE IN THIS BUTTER YELLOW IS ALSO, UM, COMMERCIAL.
SO IT MIGHT HAVE A, A KIND OF A SMOOTHER TRANSITION.
ANYTHING ELSE? COMMISSIONER VA? NO, MR. FERRARA.
I THOUGHT THAT THERE WAS A CONVERSATION WHEN WE WERE TALKING ABOUT SPENCER RANCH AND A TRAFFIC LIGHT AND ALL THAT.
I THOUGHT THERE WAS A VERY SHORT DISCUSSION THAT THE GAS STATION MIGHT PROMPT A LIGHT.
DO I MISREMEMBER OR DID I MISUNDERSTAND SOMETHING AROUND THAT? I THINK YOU MIGHT BE RIGHT.
THEY DID DO A TIA TO SEE IF IT WOULD WARRANT.
AND THE RESULT OF THAT ASSESSMENT WAS THAT IT DID NOT BASED ON THE, UM, THE TRAFFIC FOR THE, THIS GAS STATION AS WELL AS THE, THE REST OF THE SPENCER RANCH DEVELOPMENT.
SO THE STUDY, SO I THINK THE GAS STATION AS A WHOLE, IT DOESN'T TRIGGER ONE REPEAT THAT.
SO SPENCER RANCH, THE NEIGHBORHOOD AND THE GAS STATION TOGETHER DID NOT TRIGGER CORRECT THE NEEDS FOR A LIGHT.
THAT'S, AND THEN EACH OF THOSE YELLOW PARCELS, THOSE WILL ALL BE STUDIED INDEPENDENTLY FOR THEIR, THEIR TIA AS WELL.
MS. CAROL, COME BACK UP, PLEASE, SIR.
I AM GOING DOWN BOB KATE'S RABBIT HOLE HERE.
IF, IF YOU RECALL BACK WHEN WE DID THE DEVELOPMENT AGREEMENT, ONE OF THE BIG CONCERNS FOR THIS AREA THAT IT WOULD BE DEVELOPED VERY PIECEMEAL.
UM, AND REALLY WHEN YOU'RE LOOKING AT THE, THE TRAFFIC IMPACT STUDIES, YOU WANNA SEE THE WHOLE OVERALL PICTURE.
LIKE I WAS DESCRIBING THE COMMONS AT INGER STUDY WAS, UM, SO THAT WAS WHEN WE PUT IN THE DEVELOPMENT AGREEMENT LANGUAGE, WHICH AGAIN, THIS GAS STATION IS NOT PART OF THE DEVELOPMENT AGREEMENT FOR SPENCER RANCH.
IT'S KIND OF, ITS ITS OWN STANDALONE PROJECT.
UM, BUT ALL OF THESE SITES, WHEN THEY DEVELOP, THE WAY THE DEVELOPMENT AGREEMENT IS WRITTEN IS THEY HAVE TO DO THEIR OWN STUDY.
AGAIN, THEY'RE IN THE CITY, YELLOW'S IN THE CITY LIMITS TODAY.
UM, BUT ANYTHING THAT THEY DEVELOP, EVERY STEP OF THE WAY YOU TURN IN YOUR TRAFFIC WORKSHEET MAYBE TRIGGERS A TIA, UM, IF THEY DON'T TRIGGER HAVING TO DO, UM, ONE OF THE MAJOR IMPROVEMENTS FOR THE ROADWAY, BASICALLY THERE'S A, WE KIND OF SET UP A FUND WHERE THEY COULD PAY INTO A FUND, SAY, FOR THAT FUTURE TRAFFIC SIGNAL.
AND SO AS THE PIECEMEAL DEVELOPMENT HAPPENS OVER TIME, IT'LL BE PIECEMEALING MONEY INTO A FUND TO HELP PAY FOR THAT SIGNAL AT A LATER DATE.
'CAUSE SOMEONE, WHAT HAPPENS IN THESE LARGE DEVELOPMENTS IS SOMEONE IS THAT MAGIC ONE MORE TRIP THAT DOES TRIGGER THE WARRANT.
UM, AND SO THAT'S SOMEONE IN A LARGE DEVELOPMENT LIKE THIS, IT MIGHT BE THE, THE THIRD OR FOURTH PROJECT HAS TO PAY THE 350, $400,000 TO PUT THE TRAFFIC SIGNAL IN.
AND SO WHAT DEVELOPERS WILL DO IS KIND OF WORK THROUGH THE DEVELOPMENT TO NOT PUT THAT IN AT THE TIME THAT THEY WANT SO THAT THEY'RE DOING THIS LITTLE PROJECT OR THIS LITTLE PROJECT, UH, TO NOT HAVE TO PUT THE SIGNAL IN.
DOES THAT MAKE SENSE? THAT'S WHY THERE'S ALL THESE LITTLE PARCELS.
AND, BUT THAT'S WHY WHEN WE, AGAIN, NONE OF THESE, THIS IS JUST A CONCEPT THAT WAS PUT IN WITH THE DA, BUT WE WROTE THE DA LANGUAGE VERY SPECIFIC 'CAUSE WE WERE, HAD CONCERNS,
[03:05:02]
UM, THAT THAT'S WHAT WOULD BE HAPPENING.SO THIS PARTICULAR PROJECT, IT'S ALL, IT'S NOT AN IMPACT FEE, BUT IT'S SIMILAR TO A ROADWAY IMPACT FEE.
SOME CITIES NEW BRAUNFELS AND ELSEWHERE HAVE ROADWAY IMPACT FEES THAT YOU JUST PAY IN A FEE BASED ON THE NUMBER OF TRIPS YOU HAVE FOR YOUR PROJECT THAT GOES INTO BIG, LARGER INFRASTRUCTURE.
SO IT'S A CONCEPT LIKE THAT AND EVERYONE WILL CONTRIBUTE TO THAT.
NOT THE GAS STATION, BUT EVERYONE IN THE SPENCER RANCH DA, ALL THE OTHER COLORED PARCELS HERE.
THE LEFT TURN LANE THAT WILL BE COMING IN AS A RESULT OF THIS, WILL IT BE JUST SPECIFICALLY FOR THAT SORT OF STUB OUT THAT EXISTS WEST OF THE GAS STATION? OR WILL IT BE A CONTINUOUS LEFT TURN LANE THAT GOES ALL THE WAY TO SPENCER RANCH BOULEVARD? SO THOSE FOLKS THAT WANT TO ENTER SPENCER RANCH BOULEVARD HEADING EAST ON 46 CAN SLIDE INTO THAT LEFT TURN LANE AND DO SOME MORE SAFELY.
THE PLANS THAT I'VE SEEN, AGAIN, TXDOT, THEY REVIEW THE TIAS AS WELL.
ANY OF THE LEFT TURN LANES ARE GONNA BE TO THEIR RULES.
UM, THE PLANS I SAW THAT HAD, IT WAS A LEFT TURN FOR THE DRIVEWAY AS WELL AS FOR SPENCER RANCH.
IT WAS ONE LONG LEFT TURN LANE.
WELL, THAT'LL HELP MAKE THINGS A LITTLE SAFER FOR THOSE FOLKS WHILE HE'S HERE.
OF COURSE, I HAVE MR. CARROLL ON THOSE, THOSE TWO.
SO YOU SEE ALL OF THE COMMERCIAL LOTS.
OBVIOUSLY I THINK THE ONE ON SPENCER RANCH DRIVE WILL, WILL HAVE ACCESS OFFER SPENCER RANCH DRIVE, BUT THERE'S TWO OF THEM KIND OF SANDWICHED IN THE MIDDLE THERE.
HOW WILL THOSE BE AC WHAT WILL BE INGRESS EGRESS FOR THOSE TWO IN THE MIDDLE? THE TWO IN THE MIDDLE, THESE OTHER YELLOW ONES DOWN THE BOTTOM FURTHER TOWARDS TOWN.
THE OTHER SIDE, OTHER SIDE OF SPENCER RANCH BOULEVARD.
SO THEY HAVE WHAT I'VE SEEN IN OTHER SUBMITTALS.
UM, THERE'S GONNA BE LIKE A BAGGAGE ROAD, LIKE A PRIVATE BAGGAGE ROAD THAT CONNECTS SPENCER RANCH BOULEVARD WITH THIS REALIGNED ROAD HERE THAT THERE'D BE A PRIVATE DRIVEWAY THAT CONNECTS BACK THROUGH.
WHY, WHY HA WHY, WHY WOULDN'T THIS PARTICULAR PARCEL BE, UH, REQUESTED TO HAVE, BE ANNEXED AND HAVE ZONING? WHEN THE ORIGINAL SPENCER RANCH DEVELOPERS, UM, STARTED THE PROJECT, THEY SOLD THIS ONE PARCEL OFF TO THE GAS STATION.
AND THEN AS WE, THEY WERE WORKING THROUGH THEIR PROJECT, IT RAN INTO THE ISSUES THAT TRIGGERED HAVING TO CREATE THE DA.
AND SO THE DA AT THE TIME, IT WAS THE SINGLE FAMILY PROPERTY 'CAUSE THEY HAD ALREADY SOLD OR UNDER CONTRACT TO THE SINGLE FAMILY PEOPLE.
UM, SO IT WAS THE SINGLE FAMILY PEOPLE AND THEN THE FRONT COMMERCIAL PARCEL WHERE THE OWNER, SO IT, THEY HAD ALREADY SOLD THAT OFF AND IT WASN'T NEEDED AS PART OF THEIR, I DON'T KNOW WHY THEY DIDN'T INCLUDE 'EM, BUT THEY HAD ALREADY SOLD THAT BAR.
SO BEING IN THE ETJ AND BUILDING A GAS STATION FUEL UNDERGROUND BEING IN THE DPZ, ARE THERE DIFFERENT COUNTY REQUIREMENTS VERSUS CITY? AND DO THE CITY REQUIREMENTS APPLIED TO THIS SINCE IT IS IN THE ETJ? SO THE E THE CURRENT RULES THAT TRIGGERS THE PLATING PROCESS WILL GO THROUGH THE CITY RULES.
LIKE THAT'S WHY WE HAVE THE PLAT HERE TONIGHT.
ONCE IT COMES TO THE ACTUAL BUILDING PERMIT, BECAUSE IT'S OUTSIDE THE CITY LIMITS, IT'LL GO THROUGH THE COUNTY AND IT'LL BE A COUNTY PERMIT FOR DEVELOPMENT.
IN YOUR OPINION, HOW DOES THAT, HOW, HOW DO THOSE GAS STATION REGULATIONS DIFFER FROM, I MEAN, SO THERE'S GAS STATIONS OVER IN HEIM, FOR EXAMPLE.
THOSE ARE COUNTY GAS STATIONS NOT INSIDE THE CITY LIMITS.
AND SO THERE'S A PERMITTING PROCESS.
I KNOW THE UNDERGROUND STORAGE TANK THAT'S ALL PERMITTED BY THE STATE THROUGH THE TCQ.
THAT'S NOT REALLY, WE DON'T EVEN REALLY GET INTO THE REVIEW FOR THOSE IN THE CITY IF EM, I BELIEVE THAT'S CORRECT.
ANYTHING ELSE, MR. H? ANYBODY ELSE HAVE ANY COMMENTS OR QUESTIONS FOR MR. CARROLL OR MS. ANDRA? JUST REAL QUICK, THIS THE TRAFFIC SIGNAL THAT'LL BE DETERMINED BY TECH STAFF, CORRECT? CORRECT.
SO WE, WE REQUIRE TRAFFIC STUDIES.
TDOT REQUIRES TRAFFIC, TRAFFIC STUDIES.
OUR RULES REFERENCE TDO RULES.
SO THEY WILL BE WATCHING AS WELL.
AND THE, THE WARRANT REQUIREMENT, ALSO EVEN THE GAS STATION, EVEN IN THEIR TI, IT'S NOT WARRANTED TODAY BECAUSE IT RE IT LOOKS AT CURRENT TRAFFIC VERSUS PROPOSED TRAFFIC.
SO IF WE WERE JUST TO WAIT FIVE YEARS AND NO OTHER PARCEL DEVELOPS, THE EXISTING TRAFFIC MORE THAN LIKELY ON HIGHWAY 46 IS GONNA INCREASE.
SO EVEN THEN THE, THE BACKGROUND TRAFFIC COULD CAUSE IT TO BE TRIGGERED AT A LATER DATE JUST BECAUSE THE HIGHWAY 46 TRAFFIC INCREASED.
MR. I MEAN, UM, MR. CARROLL, ARE YOU WORKING WITH TEX ON THE WARNING LIGHTS? UH, YES.
WE WERE WOR WE'RE WORKING WITH THEM TO TRY TO PUT IN SOME FLAT, UH, FLASHY YELLOWS FOR YES.
AND DO THEY SEEM SOMEWHAT AMENABLE TO THAT? YES.
JUST NOTHING WORKS QUICK IN THE TEXT.
[03:10:01]
HAVE ANY QUESTIONS FOR MR. KROLL OR THANKS? JUST, JUST MY THOUGHT.THIS IS AN EXAMPLE OF, YOU'RE, YOU'RE GOOD, JEFF.
I WANNA ASK YOU ANYTHING, BUT THIS ISN'T GONNA GENERATE A NEW TRIP.
LIKE WHEN YOU START TALKING ABOUT TRAFFIC, UM, YES, THERE MIGHT BE LEFT HAND TURNS, BUT YOU KNOW, WE'VE ALREADY SOLD THE FARM ON PROTECTING ANYBODY FROM LEFT HAND TURNS ON 46 WHEN SPENCER RANCH WAS APPROVED.
SO, I MEAN, YOU KNOW, SAFETY IS STILL AN ISSUE, BUT I, I THINK THAT, YOU KNOW, IT, IT, IT'LL PRIMARILY BE USED BY THOSE THAT LIVE OUT THERE AND TRAVEL THE AREA FREQUENTLY.
I DON'T LIKE THE CURB CUT THERE.
I WISH IT WAS ACCESSED THROUGH SPENCER RANCH ON THE SIDE, THAT THAT WAS THE ONLY SPOT THAT THEY HAD.
BUT, UM, PLANNING AND ZONING APPROVED THAT, IF I RECALL RIGHT, OR I DON'T DID WE BEFORE? WE DID BEFORE, BEFORE TECH STOCK KIND OF GOVERNS THAT STUFF.
NOT, YEAH, I DON'T KNOW IF THERE'S, IT'S STILL A SAFETY CONCERN, JUST LIKE ANYTHING ELSE OUT THERE.
IS THERE A MOTION AT THIS TIME? UM, WOULD A COMMISSIONER LIKE TO MAKE A MOTION? NOBODY WANTS TO DO THAT.
NOBODY WANTS TO MAKE A MOTION TO APPROVE THE PLA.
WE HAVE, WELL, IT'S AUTOMATICALLY PROVED UNDER STATE LAW WITHOUT ANY CONDITIONS IF WE DON'T DO SO TONIGHT WITH CONDITIONS.
SO WE'RE, IT'S PRUDENT TO MAKE THANK YOU COMMISSIONER SENIO TO MAKE THE MOTION TO APPROVE, UM, THE BIG COUNTRY 1 0 4, MAJOR PLA SUBJECT TO THE FOUR STIPULATIONS RECOMMENDED BY CITY STAFF.
IS THERE A SECOND TO COMMISSIONER SENIO? SECOND TO BY COMMISSIONER BIRD.
ANY FURTHER DISCUSSIONS? ALL RIGHT, THEN LET'S CAST OUR VOTES AND REVEAL THE RESULTS.
UH, AND SEVEN IN FAVOR UNOPPOSED.
SO THANK YOU, UM, MS. ANDRATI FOR YOUR PRESENTATION.
THANK YOU ALSO FOR COMING, UH, REPRESENTING THE ENGINEERING FIRM.
[8. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place • TML Land Use Essentials Conference]
YOU HAVE AN ITEM ON THE TML LAND USE ESSENTIALS CONFERENCE WE WANTED TO BRING TO EVERYONE'S ATTENTION THIS EVENING.UH, TML IS OFF TEXAS MO MUNICIPAL LEAGUE IS OFFERING A LAND USE ESSENTIAL CONFERENCE ON AUGUST, UH, 21ST AND 22ND AND RED ROCK.
UH, IF ANYBODY WOULD LIKE TO ATTEND, UH, PLEASE LET US KNOW.
WE DO HAVE, UH, MONEY SET ASIDE FOR FORMAL COMMISSION TRAINING.
UH, ALSO, UH, LATER THIS YEAR ON OCTOBER 22ND IN OCT.
YEAH, OCTOBER 22ND AND OCTOBER 24TH IN COLLEGE STATION IS THE TEXAS A PA CONFERENCE.
SO IF YOU'RE INTERESTED IN ANY OF THOSE, PLEASE LET, PLEASE LET US KNOW.
UH, WE DID RESERVE, WE HAD TO, UH, FOR THE, UH, RED ROCK, UH, CONFERENCE.
WE DID HAVE TO, UH, RESERVE A COUPLE SPOTS EARLY.
UH, SO PLEASE LET US KNOW IF YOU CAN ATTEND OR WOULD LIKE TO ATTEND.
I WOULD ENCOURAGE YOU ROUND ROCK.
I'M THINKING OF CONCERTS, I GUESS.
IT'S GOTTA BE OUTTA STATE, RIGHT? YEAH.
UM, I WOULD ENCOURAGE YOU ALL TO TAKE ADVANTAGE OF THESE.
I I'LL BE OUT OF, OUT OF STATE IN AUGUST, UP IN THE MIDWEST, BUT I THINK OCTOBER MIGHT, MAY WORK FOR MY SCHEDULE COLLEGE STATION.
AND COMMISSIONER FRIAR AND COMMISSIONER LER WENT TO ONE OF THESE JUST A YEAR OR SO AGO.
LISTEN, YEAR, YEAR BEFORE, LAST YEAR, BEFORE LAST.
SO, UH, FOUND IT VERY HELPFUL.
UM, SO I WOULD ENCOURAGE YOU ALL TO TAKE ADVANTAGE OF THIS.
COMMISSIONER KELLER, YOU'RE NEW.
UM, THESE ARE GREAT WAYS TO HELP EDUCATE YOURSELF ON PLANNING AND ZONING ISSUES.
NOT JUST FACING SMALL TOWNS LIKE BERNIE, BUT OTHER GROWING AREAS AS WELL AND HOW THEY ADDRESS THEM AND SORT OF STATE OF THE ART, UM, BEST PRACTICES IN TERMS OF PLANNING AND ZONING ACROSS VARIOUS COMMUNITIES.
SO I WOULD ENCOURAGE FOLKS TO TAKE ADVANTAGE OF THAT.
I'D ALSO ENCOURAGE EVERYONE, IF YOU HAVE ANY QUESTIONS AFTER GETTING YOUR PACKETS ON THURSDAY, HOPEFULLY WEDNESDAY OR THURSDAY BEFORE THE MONDAY MEETING, YOU'RE ALWAYS WELCOME TO CALL MR. KA CRANE OR MS. STARK OR ANYONE ELSE WITH QUESTIONS.
IF YOU'VE GOT, UH, QUESTIONS OR CONCERNS, NEED SOME ADDITIONAL INFORMATION YOU CAN DO SO THEN AS WELL.
THEY WANTED ME TO BE SURE THAT, UH, YOU ALL WERE AWARE OF THAT RESOURCE.
ANYTHING ELSE, MR. CRANE? NO SIR.
WE ARE AJOUR ADJOURN FROM NEXT MONTH.
GOOD DISCUSSION AND APPRECIATE EVERYBODY'S PARTICIPATION AND PREPARATION TONIGHT.
I ASK AGAIN IF IT'S GONNA BE QUICK.