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[1. CALL TO ORDER – 6:00 PM]
I WILL CONVENE THE, UH, REGULAR MONTHLY MEETING OF BERNIE'S PLANNING AND ZONING COMMISSION.I'M TIM VAN WOLFF, AND I HAVE THE PLEASURE OF SERVING ON THIS BODY, ALONG WITH MY FELLOW COMMISSIONERS.
BEFORE WE BEGIN, IF YOU'LL PLEASE RISE, WE'LL SAY THE PLEDGES OF ALLEGIANCE.
FIRST TO THE AMERICAN FLAG, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC, WHICH STANDS, ONE NATION UNDER GOD, INDIVISIBLE, LIBERTY, JUSTICE ALL.
NOW, PLEASE FACE THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
COULD YOU PLEASE JOIN ME FOR A MOMENT OF SILENCE? THANK YOU.
NEXT ITEM UP IS, UH, CONFLICTS OF
[2. CONFLICTS OF INTEREST]
INTEREST.ANY CONFLICTS OF INTEREST AMONG THE COMMISSIONERS? COMMISSIONER KELLER? UH, YES, SIR.
I HAVE AS IN MEETINGS PASSED, UH, CONFLICT WITH AGENDA ITEM FIVE A.
ALRIGHT, SO LET THE RECORD REFLECT THAT WHEN AGENDA ITEM FIVE A COMES BEFORE THE COMMISSION, COMMISSIONER KELLER WILL STEP OFF THE DIES AND TAKE A SEAT IN THE AUDIENCE.
[3. 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.WE HAVE SEVERAL FOLKS SIGNED UP TO SPEAK.
UM, SOME HAVE LISTED THEIR ITEM NUMBERS, MOST OF WHICH ARE ITEM FIVE A.
YOU ALL ARE WELCOME TO COME FORWARD NOW AND SHARE YOUR THOUGHTS WITH THE COMMISSION, OR YOU CAN WAIT UNTIL ITEM FIVE A IS PRESENTED AND DISCUSSED.
SO LET ME FIRST REFER TO THE LIST.
FIRST ON THE LIST IS DANA MATHIS.
MR. MATHIS, YOU WANNA COME FORWARD NOW OR LATER? OKAY.
AND, UH, YOU'VE GOT YOUR ADDRESS AT 1 6 4 CREEK SPRING, SO WE'RE GOOD TO GO.
THANK YOU FOR THE OPPORTUNITY TO ADDRESS THIS COMMISSION.
FIRST, I'D LIKE TO PUBLIC THANK EACH OF YOU FOR YOUR LEADERSHIP THAT CONTRIBUTED TO THE RENEGOTIATION OF THE BUCKY'S AGREEMENT.
THANK YOU FOR THE TACTFUL DISCUSSION CONCERNING THE BUCKY'S PROJECT IN SEPTEMBER.
THANK YOU FOR COURAGEOUSLY IMPLEMENTING A 60 DAY PAUSE FOR CONSIDER THE CONSIDERATION OF THE BUCKY'S AREA TWO REZONING DECISION.
AND THANK YOU FOR CLARIFYING THE 5.1 ACRE PARCEL UNDER CONSIDERATION WOULD BE UNDER THE UDC AND PART OF THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.
I ALSO WISH TO THANK THE MANY CITIZENS THAT TOOK TIME TO SPEAK UP AND OFFER COMMENTS REGARDING THE BUCKY'S PROJECT RELATED TO THE BUCKY'S PROJECT.
CITY OFFICIALS HAVE STATED THAT THE BUCK THAT BUCKY'S DONATED AN APPROXIMATELY NINE ACRE PARCEL TO MAKE A GREEN BELT BETWEEN THE BUCKY'S FACILITY AND THE MENGER SPRINGS SUBDIVISION.
PLEASE CLARIFY THE STATUS OF THAT PARCEL.
IS THIS NOW CITY PROPERTY? AND IF SO, THE APPROPRIATE ZONING CODE WOULD SEEM TO BE CITY BASED ON OTHER PARCELS ON THE CITY'S ZONING MAP.
IS THAT CORRECT? WOULD THIS PARCEL ALSO BE UNDER THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT? FINALLY, THIS COMMISSION WILL SOON CONDUCT REVIEWS OF THE PLATS THAT BUCKY'S MUST SUBMIT.
AS YOU'VE POINTED OUT, UP TO NOW, THE EXECUTION OF THIS PROJECT HAS BEEN BUNGLED AND SLOPPY.
LET'S MAKE SURE EVERY I IS DOTTED AND EVERY T CROSSED.
PLEASE SCRUTINIZE THESE SUBMISSIONS IN DETAIL AND WITH RIGOR TO ENSURE BUCKY'S MEETS ALL OF ITS COMMITMENTS AND COMPLIES WITH OUR CITY'S ORDINANCES.
IF WE'RE GOING TO DO THIS PROJECT, LET'S DO IT WELL AND DO IT RIGHT.
YOU WERE THE ONE FIRST ONES THAT CONTACTED ME, REACHED OUT TO ME ON THIS PROJECT, AND INVITED ME INTO YOUR HOME ONE EVENING AND EARLY SEPTEMBER TO VISIT WITH YOUR NEIGHBORS ON THIS.
I VERY MUCH APPRECIATE THAT AND YOUR INVOLVEMENT IN THIS ISSUE.
UH, LANCE KYLE, MR. KYLE, PLEASE COME FORWARD.
UH, AND YOU'VE GOT YOUR ADDRESS AS 2 2 6 CASCADE CAVERN.
YES, SIR, THAT'S THE CORRECT ADDRESS.
LANCE KYLE, UH, GOOD EVENING, UH, CHAIRMAN VAN WOLF.
UM, I HOPE YOU'LL INDULGE ME JUST FOR A FEW MINUTES TONIGHT.
NOT REGARDING THE BUCKY SITUATION, BUT I KNOW IT'S OFF YOUR PLATE.
UM, JUST WANT TO RE RELAY SOME OBSERVATIONS HERE, ESPECIALLY SINCE THE THE CITY.
UM, AN OBSERVATION, FIRST OF ALL, SOME PEOPLE SEEM TO THINK THE, UH, BILL MILLERS OVER THERE AND WHAT I CALL THE DELTA, THE ISLAND OVER THERE WERE FOUR ROADS CONVERGED AT CASCADE OLD SAN ANTONIO ROAD, THE ACCESS ROAD AND SCENIC LOOP, WHICH I JOKINGLY REFER TO AS DESIGNED BY A BLIND MAN, UH, BILL MILLER'S.
UH, SOME PEOPLE THINK THAT LUNCHTIME IS THEIR BIGGEST TIME OF THE DAY.
UH, I, I DON'T KNOW IF THAT WAS IN THE ORIGINAL TIA OR WHATEVER, UH, BUT, UH, THE LUNCHTIME IS CRA I MEAN, THE, THE, UH, BREAKFAST TIME IS CRAZY, ALSO VERY CRAZY.
SO I COUNT, I WENT IN THERE THE OTHER DAY, I COUNTED 92 SEATS, SO
[00:05:01]
ABOUT A HUNDRED SEATS, AND THERE'S ABOUT 50 PARKING SPACES.BUT WHAT'S GONNA HAP 10 OF THE PARKING SPACES ARE NEVER USED BECAUSE THEY'RE IMMEDIATELY BEHIND BILL MILLER'S.
UH, THE, THE, THE DELIVERY TRUCKS ARE IN AND OUT OF THERE, IN AND OUT OF THERE.
IF YOU PARK IN THERE, YOU'RE GONNA GET RAMMED INTO BY ONE OF THESE NOT 18 WHEELERS, BUT SOME OF THESE, UH, DELIVERY TRUCKS OR BIG TRUCKS.
SO THAT'S 40 SITES, THAT'S NET 40 SITES.
CURRENTLY ABOUT 10 TO 15 EMPLOYEES ARE PARKING IN THE DIRT LOT, WHICH IS GONNA BECOME SCOOTERS.
SO THOSE 10 OR 15 CARS ARE GONNA HAVE TO GO OVER INTO THE BILL MILLER LOT.
SO NOW WE'RE AT, WHAT ARE WE AT, UH, MY MATH'S A LITTLE? ARE WE AT 25? 25 FOR THE CUSTOMERS? SO THOSE ARE DEFINITELY GONNA BE FILLED UP IN THE MORNING.
AND WE DO GET SOME STACKING THROUGHOUT THE PARKING LOT AT CERTAIN TIMES DURING THE MORNING FOR THE DRIVE THROUGH.
SO I JUST WANNA HOPE EVERYBODY IS AWARE THAT THERE ARE GONNA BE SOME DYNAMIC CHANGES AND SOME, UH, RAMIFICATIONS OF THIS, UH, SCOOTERS THAT I JUST WANTED TO POINT OUT IN CASE IT, IT WASN'T BROUGHT INTO CONSIDERATION.
THANK YOU MR. KYLE, FOR YOUR THOUGHTS AND OBSERVATIONS AS ALWAYS.
DENISE BROCK MILLER, PLEASE COME FORWARD.
AND YOUR ADDRESS IS 3 7 3 MANGER SPRINGS, CORRECT? YES, SIR.
I WANNA THANK THE PLANNING AND ZONING COMMISSION FOR LISTENING TO THE CITIZENS AND RESPONDING.
THANK YOU FOR THE RESPECT AND CONSIDERATION THAT YOU HAVE SHOWN US.
I'D LIKE TO SHARE SOME BRIEF HIGHLIGHTS THAT I REPORTED RECENTLY TO THE CITY COUNCIL WITH EACH OF YOU ON THE P AND Z.
THESE FINDINGS ARE FROM THE LATEST REVISION OF THE TIA DATED SEPTEMBER 12TH 25.
THE WESTBOUND FRONTAGE TRAFFIC WILL EXCEED THE ROADWAYS CAPACITY, EVEN WITH PROPOSED MITIGATIONS.
THE OPERATIONS WILL STILL BE AT NEARLY FAILING CONDITIONS.
AND FOR ONE DRIVEWAY ACCESSING THE EASTBOUND FRONTAGE ROAD, THERE IS NO FEASIBLE MITIGATION OFFERED.
QUOTE, THIS MEANS NOTHING IS BEING PROPOSED TO CHANGE THE FAILING LEVEL OF SERVICE GRADE OF F.
A BRIEF SUMMARY FROM THE DATA THAT WAS USED IN THE CURRENT TIA, THE DATA WAS, IS BASED ON THE BUCKY'S BAYTOWN FACILITY AND WHY SHOULD THIS BE ACCEPTABLE TO ANYONE? HERE ARE SOME OTHER QUESTIONS.
WHAT ABOUT THE DATA THAT WAS NOT CONSIDERED? WHAT ABOUT THE DATA THAT IS UNIQUE AND SPECIFIC TO OUR AREA? WHAT ABOUT THE IMPACTS ON PUBLIC SAFETY AND EMERGENCY ACCESS IN OUR COMMUNITY? FIRST, THE STUDY FAILS TO CONSIDER THE ADEQUATELY THE SURROUNDING NEIGHBORHOODS, THE SENIOR CARE CENTER, THE EXISTING METHODIST ER ACCESS, ALL OF WHICH ARE OFF OF THE EASTBOUND FRONTAGE ROAD LEADING TO BUCKY'S.
THESE LOCAL USERS DEPEND ON SAFE, PREDICTABLE ACCESS EVERY DAY, INCREASED QUEUES AND TURNING MOVEMENTS NEAR THE SITE COULD BLOCK OR DELAY EMERGENCY VEHICLES WHEN SECONDS COUNT.
SECOND, THE STUDY DOES NOT CONSIDER THE PLANS FOR THE MAJOR BAPTIST HOSPITAL AND EMERGENCY CENTER, WHICH IS PLANNED AT EXIT FIVE 40 AND 46.
THOSE FACILITIES WERE NOT INCLUDED IN THE ANALYSIS YET.
THEY ALSO SHARE THE SAME FRONTAGE ROAD NETWORK THAT BUCKY'S TRAFFIC WILL USE.
USING SUCH OUTDATED INFORMATION MEANS THE STUDIES STUDY UNDERESTIMATES TODAY'S VOLUMES AND FUTURE CONGESTION.
THIRD, THERE'S NO EVALUATION OF EMERGENCY RESPONSE ROUTES OR SIGNAL PREEMPTION FOR AMBULANCES.
WITHOUT THAT, OUR CITY CAN'T ENSURE THAT THE NEW HOSPITAL OR EVEN THE CURRENT ER REMAINS ACCESSIBLE DURING PEAK TRAFFIC.
AND FOURTH, THE CURRENT TIA DID NOT LOOK AT HOLIDAY COMMUTER PEAKS.
BUCKY'S, HOWEVER, IS THE BUSIEST ON WEEKENDS AND HOLIDAYS WHEN VISITORS AND TRAVELERS ALONG ITIN OR AT THEIR HIGHEST, BY IGNORING THE HOLIDAY TRAFFIC AND SOMETIMES WEAKENED CONDITIONS, THE STUDY MISSES THE TRUE OPERATIONAL STRESS THAT THE SITE WILL CREATE.
SO IN CONCLUSION, THIS, THIS TRAFFIC IMPACT ANALYSIS IS BASED ON 2015 DATA FROM ANOTHER BUCKY'S SIDE.
AMIDST HOLIDAY AND HOSPITAL RELATED TRAFFIC FAILS TO ADEQUATELY ACCOUNT FOR NEARBY NEIGHBORHOODS, THE SENIOR CENTER AND EMERGENCY FACILITIES THAT DEPEND ON CLEAR ACCESS TO I 10, GIVEN BERNIE'S GROWTH IN THE NINE PLUS YEARS SINCE THE FIRST DEVELOPMENT AGREEMENT WAS SIGNED.
AND, UH, GIVEN THE PLANNED HOSPITAL ONLY ONE EXIT AWAY, THE CURRENT TIA ASSUMPTIONS MAY DO NOT REPRESENT OUR REAL CONDITIONS.
THE CITY SHOULD NOT ONLY REQUIRE AN INDEPENDENT PEER REVIEW OF THE CURRENT TIA, WHICH WE'VE CALLED FOR BEFORE, BUT SHOULD ALSO INCLUDE A COMPREHENSIVE SAFETY AND EMERGENCY ACCESS ANALYSIS BEFORE ANY FURTHER PERMITTING OR CONSTRUCTIONS, UH, PROCEEDS.
MY GOAL IS NOT TO OPPOSE GROWTH, BUT TO MAKE SURE THAT IT'S SAFE, SUSTAINABLE, AND RESPONSIVE TO THE REAL BERNIE CONDITIONS.
WELL, THANK YOU FOR YOUR THOUGHTFUL COMMENTS AND YOUR THOROUGH AND CONSISTENT COMMENTS ON THE TIA THROUGHOUT THIS ENTIRE PROCESS, BOTH HERE, PLANNING AND ZONING, AND ALSO BEFORE THE CITY COUNCIL.
I UNDERSTAND YOU'VE GOT A MEETING TOMORROW AT CITY HALL,
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UH, WITH MR. CARROLL AND SOME OTHER FOLKS THAT I'M SURE WILL HELP.WILL HELPFULLY ANSWER SOME OF YOUR QUESTIONS.
MS. PATTON, COME FORWARD IF YOU WOULD PLEASE.
THIS WILL BE PRETTY SIMPLE AND SWEET.
UM, MY MAIN GOAL IN COMING HERE TONIGHT IS TO THANK ALL OF YOU FOR LISTENING TO THE CONCERNS OF ALL THE CITIZENS.
UH, THIS HAS BEEN GOING ON, UH, SPEAKING BEFORE YOU AND THE COUNCIL SEVERAL MONTHS.
AND, UH, IT'S BEEN GREAT, UH, NOT ONLY TO WORK WITH NEIGHBORS, BUT TO GET TO KNOW WHO REPRESENTS US AND BERNIE A LITTLE BIT BETTER.
SO I'M REALLY GRATEFUL YOU GUYS HAVE TAKEN SUCH AN INTEREST, UH, IN THIS ISSUE.
ALSO, I WANNA THANK YOU FOR TAKING THE, THE STEP TO DELAY THE REZONING PROCESS FOR THAT PARCEL THAT BUCKY SAYS IT WANTS TO USE AS A PARKING LOT.
UM, AT SOME POINT IT'D BE GREAT TO GET SOME CLARITY ON WHICH TRACKS ARE INCLUDED IN THAT, MAYBE AN ITEMIZATION OF THE TRACKS.
I THINK THERE'S BEEN SOME CONFUSION ON WHAT THEY ARE, AT LEAST ON, UM, OUR GROUP'S PART AND WE CAN GET THAT HOPEFULLY, UH, IN OUR DISCUSSIONS TOMORROW.
I DO WANNA SAY TABLING THAT ZONING ACTION REALLY SHOWS THAT AS A, AS A COMMISSION, YOU GUYS ARE LISTENING TO THE CITIZENS AND THAT YOU REALLY DO PUT BERNIE'S INTERESTS ABOVE OTHER INTERESTS.
YOUR ACTIONS CERTAINLY GOT BERNIE'S OR BUCKY'S ATTENTION, AND I THINK THEY DEFINITELY GOT THEM BACK TO THE NEGOTIATING TABLE.
LAST WEEK WE SAW THE COUNCIL MAKE A FEW MINOR ADJUSTMENTS TO THE BUCKY'S PROJECT BASED ON CITIZEN FEEDBACK, AND THAT'S A WONDERFUL START.
BUT WE WANNA BE CLEAR THAT THE CONCERNS THIS PROJECT RAISES HAVEN'T ENTIRELY GONE AWAY.
THE BIGGEST ISSUE BY FAR IS WHAT WE'RE ALL TALKING ABOUT TONIGHT, AND THAT'S THAT UNFINISHED TRAFFIC STUDY.
I HOPE THE STUDY WILL CONTINUE TO GET THE CAREFUL THOROUGH ATTENTION IT DESERVES, AND I HOPE IT'S SOMETHING YOU ALL KEEP AN EYE ON.
YOU GUYS ARE CERTAINLY, UH, BEEN WONDERFUL IN ALL OF THIS.
THIS TRAFFIC STUDY HAS BEEN A WORK IN PROGRESS FOR YEARS AND STILL TODAY.
THERE ARE VERY VALID CONCERNS REGARDING THE TIMELINESS AND ACCURATENESS OF THE DATA USED.
IF THAT DATA IS NOT CORRECT, UH, WHAT COULD RESULT ARE DRAMATIC UNDERESTIMATIONS OF TRAFFIC NUMBERS.
RIGHT NOW, THE THOUGHT OF EXTREMELY LONG CAR LINES GETTING INTO AND OUT OF BERNIE CONGESTED TRAFFIC ALL ALONG OUR I 10 CORRIDOR.
EVEN TRAFFIC ACCIDENTS IS KIND OF NEFARIOUS, RIGHT? IT'S A WHAT IF KIND OF SCENARIO, BUT IF THE REALITY HITS WHEN PEOPLE ARE DRIVING UP AND BACKED UP CONGESTED INTERSECTIONS AND WAITING FOR TO GET INTO OR OUT OF BERNIE, THIS IS GOING TO GET PERSONAL IN AFFECT A LOT OF PEOPLE REALLY FAST.
IF THE RIGHT DECISIONS ARE NOT MADE NOW, THE RAMIFICATIONS WILL BE WITH US FOR A VERY LONG TIME.
AGAIN, I'M VERY GRATEFUL FOR THE WORK YOU DO.
THANK YOU SO MUCH, UH, FOR BEING WILLING, UH, TO OPEN YOUR OFFICES, UH, AND TO LISTEN TO ALL OUR CONCERNS.
THANK YOU FOR YOUR INVOLVEMENT, UH, AND ENERGETIC, UH, PURSUIT OF THE FACTS AND, UH, RESOLUTIONS THAT ARE ACCEPTABLE TO ALL.
SO THANK YOU, MR. IS IT TURGEN? T-U-R-G-O-N, ALBERT? IS THAT, DID I PRONOUNCE YOUR LAST NAME CORRECTLY? YES.
MR. TURGEN, COULD YOU COME FORWARD? UH, I BELIEVE YOU WANNA SPEAK ON ITEM FOUR C AND YOUR ADDRESS I, WE HAVE IS FIVE 16 OAK PARK.
IT'S NOT A RESIDENCE, IT'S ANOTHER LOT.
IT'S ALL PRE STREET 3 0 3 FRIDAY.
SO I'M ONE BLOCK OR ONE HOUSE OVER FROM THE ENTRANCE, OKAY.
AND SO I WAS, UM, I'VE BEEN LUCKY ENOUGH TO WATCH THE COTTAGES GET BUILT AND, UM, IF ANYBODY LIVES IN THE NEIGHBORHOOD, THEY KNOW WHAT A COMPLETE DEBACLE THAT HAS BEEN.
UH, YOU HAVE WALLS OVER THERE THAT ARE LEANING AND FALLING OVER.
YOU HAVE RESIDENTS THAT HAVE, UM, HAVE PENDING LITIGATION OR MAYBE THE LITIGATION'S BEEN, UM, SETTLED BY NOW.
I'M NOT A HUNDRED PERCENT SURE.
UH, FROM MY RECOLLECTION, THOSE, THOSE, THE COTTAGES WERE APPROVED THE SAME TIME THAT THE APARTMENTS WERE, THAT ARE ON HEARTH, ON AN OAK PARK, THEY'RE APPROVED, I THINK IN RIGHT AROUND THE SAME TIME, MAYBE EVEN THE SAME, THE CITY COUNCIL MEETING GOT THE FINAL STANDARD OF APPROVAL.
AND WHAT, AND, AND THOSE WERE ERECTED.
PEOPLE WERE LIVING IN 'EM BEFORE HE EVER STARTED THE COTTAGES.
AND NOW WE'RE ONTO SIENNA COURT, WHICH MIGHT MY BACKYARD.
I GET THE LUXURY EVERY MORNING WAKING UP AND ONE OF THE FIRST THINGS I SEE IS THE MESS THAT I HAVE TO LOOK AT EVERY DAY.
AND I, I KNOW YOU GUYS GET A LOT OF PEOPLE UP HERE COMPLAINING, AND I DON'T REALLY, I'M NOT A BIG COMPLAINER, BUT SOME POINT
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WHEN, WHEN DO YOU GO, OKAY, LET'S PUMP THE BRAKES ON THIS.HE HASN'T EVEN FINISHED WHAT'S GOING ON IN THE COTTAGES.
THOSE FOUR PEOPLE THAT LIVE IN THERE, THERE, THERE'S A WHOLE BOOKLET, I THINK YOU HAVE IT, THAT, THAT ONE OF MY NEIGHBORS HANDED OUT TO YOU GUYS.
UM, FROM MY RECOLLECTION, THERE WAS UNPAID TAXES ON THE FIVE ACRES IN QUESTION ON THE FINAL PLAT, WHERE DO, WHERE DO WE START AS A, AS A TOWN? WHERE DO WE SAY, OKAY, WAIT A MINUTE, WHAT ARE WE DOING? THIS GUY HAS PENDING LAWSUITS ON A DEVELOPMENT HE DID THAT'S RIGHT NEXT TO IT, THAT BACKS UP TO IT DOESN'T PAY HIS TAXES.
IT WAS A STORAGE FACILITY FOR THE LONGEST TIME.
I CALLED THE CITY SEVERAL TIMES OVER THAT TRUCKS IN AND OUT OF THERE, HUGE PILES OF DIRT AND DEBRIS AND YOU KNOW, JUST TRASH THAT, I MEAN, YOU, AT SOME POINT YOU JUST GET SICK OF IT.
AND SO WHAT, SO MY CONCERN WITH THIS DEVELOPMENT IS IT'S NOT THAT THE DEVELOPMENT ITSELF, I'M SURE IT'S FINE.
IT'S, IT'S THE GUY DOING THE DEVELOPING.
HE CAN'T SEEM TO, TO GET ANYTHING DONE IN A REASONABLE AMOUNT OF TIME.
HE HAS BEEN SITTING THERE VACATED FOR THREE YEARS, PROBABLY SOMETHING LIKE THAT.
AND NOW YOU'RE POTENTIALLY GONNA SUBJECT 25 HOMEOWNERS OR FAMILIES TO, TO NONSENSE BY THIS GUY'S INABILITY TO, TO, TO FINISH A PROJECT.
AND, AND, AND WHERE DO YOU GO? WELL, LET'S JUST PUMP THE BRAKES.
WHAT IS HAPPENING HERE? YOU KNOW, WHAT ARE WE DOING? THAT'S MY CONCERN WITH THE WHOLE THING IS IT'S A MESS.
HE PUTS, HE ERECTS A WALL AROUND THE WHOLE THING, AND HE DOESN'T DO IT BEHIND MY HOUSE OR MY NEIGHBOR'S HOUSE, BUT THERE'S A WALL AROUND THE REST OF IT.
ANYTHING THAT HE DOESN'T REALLY OWN.
AND THEN THIS WALL IS, YOU KNOW, NOTHING AGAINST A FIFTH GRADER, BUT I MEAN, GOODNESS GRACIOUS, IT LOOKS LIKE A FIFTH GRADER PUT IT UP.
IT'S JUST, IT'S WHEN YOU START THINKING ABOUT THE, YOU KNOW, THE CITIZENS AND, AND THE, AND THE NEIGHBORS THAT LIVE AROUND THIS, WE HAVE TO TOLERATE IT.
IT JUST GETS OLD, YOU KNOW, ON THE COTTAGES.
I KNOW MY TIME'S UP, BUT THE COTTAGES, THERE WOULD BE PEOPLE OUT THERE WORKING AT NINE O'CLOCK AT NIGHT.
I'D HAVE TO CALL, YOU KNOW, MAKING ALL KINDS OF NOISE WITH THE MUSIC AND THE HAND AND THE, YOU KNOW, AIR, YOU KNOW, AIR GUNS AND ALL THE, HE'S A SLOB FOR LACK OF A BETTER TERM.
AND SO WHERE, WHERE, WHAT CAN WE DO, IF ANYTHING? I MEAN, I KNOW YOU CAN'T REALLY TELL PEOPLE WHAT TO DO WITH THEIR LAND.
I MEAN, I JUST THINK YOU'RE ASKING FOR JUST A COMPLETE MESS.
AND I'M, I DON'T COME UP HERE.
I'M NOT, I MEAN, EVERYONE'S GONNA DO WHAT THEY'RE GONNA DO, BUT, UH, I THINK WE NEED TO START STANDING UP TO PEOPLE AND HOLD PEOPLE ACCOUNTABLE AND, AND HE'S ONE OF 'EM, YOU KNOW, AND I DON'T THINK YOU SHOULD LET PEOPLE COME IN THIS TOWN AND BUY A HOUSE FROM A GUY THAT'S NOT GONNA PUT 'EM INTO IT FOR THREE OR FOUR YEARS.
AND THAT'S EXACTLY WHAT HAPPENED TO THE COTTAGES.
PEOPLE BOUGHT 'EM AND THEN THREE YEARS LATER THEY MOVED IN.
HOW BIG ARE THOSE THINGS? EIGHT, 900 SQUARE FEET.
NOW WE'RE GONNA DO THIS AGAIN.
I MEAN, I JUST THINK IT'S IMPORTANT TEXT, THAT'S ALL.
WELL, THANK YOU FOR YOUR COMMENTS, SIR.
THANK YOU VERY MUCH FOR COMING DOWN AND SHARING YOUR THOUGHTS.
MARK MR. HAWKINS, PLEASE COME DOWN.
UH, I'VE GOT YOUR ADDRESS AS FIVE 30 OAK PARK.
ALRIGHT, THANK YOU MR. HAWKINS.
I, UH, I AM LIVING IN THE COTTAGES NOW, AND AS, UH, AS PEOPLE WHO HAVE GONE THROUGH, UH, WHAT WE WENT THROUGH IN THE CONSTRUCTION OF THE COTTAGES.
I KNOW I BOUGHT MINE IN 2019 AND WAS ABLE TO MOVE IN AND, UH, AT THE END OF 2022.
SO, BUT THERE WAS LOTS OF PROBLEMS AND THINGS HAPPENING AT THAT POINT IN TIME.
BUT WE'RE, WE ARE CONCERNED ABOUT, UH, CONSTRUCTION, WE AS A COMMUNITY PUT THIS, UH, PACKET TOGETHER FOR YOU, SHOWING THINGS IN, IN THE ADVERTISING WHAT WE WERE TOLD WE WOULD BE GETTING AND NEVER CAME TO FRUITION.
THE, UH, THE, THE PRIMARY THINGS THAT CONCERNS SIENNA COURT ARE
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THE, THE LEANING WALL.THE, THE WALL WAS BUILT, UH, ON SIENNA COURT PROPERTY, BUT IT IS THE WALL SEPARATING, UH, THE COURT FROM THE COTTAGES.
AND THAT HAS BEEN, UH, IS LEANING CONSIDERABLY.
UH, ONE OF THE NEIGHBORS THAT LIVES IN, IN THAT BACK, UH, IN, IN THE HOUSE, HE MEASURED FROM HIS HOUSE TO THE WALL.
AND THAT DISTANCE HAS INCREASED THREE INCHES IN THIS YEAR.
HE, HE MEASURED IT IN JANUARY AND THEN HE, HE MEASURED IT, UH, ABOUT A WEEK AGO.
THE, UH, A PICTURE OF THAT WALL IS IN THE, IN THE PAMPHLET ALSO.
THE, UH, THE OTHER CONCERN IS THERE IS A, A DRAINAGE, I DON'T, I DON'T REMEMBER THE TERM, UH, WHAT IT, BUT IT IS, UH, TO TAKE THE WATER FROM THE, THE COTTAGE'S, UH, PONDS AND RETENTION PONDS AND, AND MOVE THAT INTO THE SEWER SYSTEM THAT IS A FOOT ABOVE THE, THE FLOOR OF OUR RETENTION BONDS.
NOW WE HAVE ADDRESSED THIS WITH, UH, ABIGAIL AND, UH,
AND THEY, THEY ARE AWARE OF IT AND THEY'RE LOOKING AT IT.
BUT IN, IN THIS PAMPHLET, IF YOU LOOK AT IT, UH, YOU CAN SEE THINGS THAT WE WERE, WE WERE PROMISED AND NEVER, NEVER GOT.
AND WE WERE, WE AS, UH, THE SPEAKER BEFORE ME ARE, ARE CONCERNED ABOUT THE, THE PEOPLE MOVING INTO SENA COURT AND SUFFERING SIMILAR CONSEQUENCES.
I, UH, I THANK YOU FOR YOUR ATTENTION AND YOUR TIME.
YOU'VE BEEN HERE BEFORE ON THIS ISSUE.
UM, AND IT TOOK SOME TIME TO PUT TOGETHER THIS NEWLY 10 PAGE PACKET YES.
THAT YOU AND YOUR NEIGHBORS HAVE PUT TOGETHER FOR US.
I'M, I'M DISHEARTENED DISAPPOINTED TO HEAR THAT YOU FEEL THE CITY'S ABANDONED YOU.
I THINK, UM, WHEN WE TALK ABOUT THIS ITEM IN A FEW MINUTES, PAY CLOSE ATTENTION.
THIS IS A BODY WHICH AS YOU PROBABLY LEARNED FROM THE SPEAKERS THAT SPOKE BEFORE YOU ABOUT THE BUCKYS MATTER.
THIS IS A BODY THAT WILL DO EVERYTHING IT POSSIBLY CAN WITHIN THE CONSTRAINTS OF THE LAW TO FURTHER THE INTERESTS AND BENEFIT THE CITIZENS OF THIS COMMUNITY.
AND WE WILL LOOK AT THIS AS CLOSELY AND CAREFULLY AS WE CAN AND DO EVERYTHING THAT WE CAN DO WITHIN THE CONSTRAINTS OF THE LAW TO HELP YOU ALL OUT OUT THERE.
SO, I MEAN, THIS BODY WILL PAY ATTENTION.
WE APPRECIATE YOU COMING DOWN.
WE APPRECIATE YOUR PREPARING THIS PACKET FOR US THIS EVENING.
AND, UH, WE, WE APPRECIATE YOUR ATTENTION AND, AND EVERYTHING THAT YOU'VE, YOU'VE DONE FOR US.
YOU'VE, YOU'VE LISTENED TO US IN THE PAST AND HOPEFULLY
BUT WE, WE APPRECIATE YOUR ATTENTION AND WE'LL DO ABSOLUTELY EVERYTHING WE CAN.
THANK YOU AGAIN FOR COMING DOWN.
THAT'S THE LAST SPEAKER I'VE GOT SIGNED UP, BUT AS I ALWAYS DO, ANYONE ELSE WANT TO COME DOWN AND SPEAK DURING THE PUBLIC COMMENTS SECTION? PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS PLEASE.
MY NAME IS CHRISTY ACKERMAN, 6 23 MANGER SPRINGS.
SO, UM, I FIRST OF ALL WANNA SAY THANK YOU TO EACH OF YOU WHO HAVE HEARD THE CONCERNS OF YOUR CITIZENS TO THIS PLANNING AND ZONING COMMISSION.
WE THANK YOU FOR READING ALL OF THE INFORMATION PRESENTED TO YOU.
THANK YOU FOR VOICING YOUR QUESTIONS AND CONCERNS AT THE SEPTEMBER 8TH, 2025 MEETING.
THANK YOU FOR REQUIRING DOCUMENTS AND PROCEDURES TO BE CORRECT AND THANK YOU FOR THE LARGE AMOUNT OF TIME THAT YOU'VE SPENT SPECIFICALLY ON THE BUCKY'S PROJECT, BUT FOR ALL PROJECTS.
AND SO I JUST, I WANT TO LOOK AT EACH OF YOU AND JUST SAY THANK YOU GUYS.
THANK YOU FOR THE, THE STATEMENT THAT YOU SAID AT THE END.
THANK YOU FOR, IT WAS SUCH A LONG MEETING.
THANK YOU SO MUCH FOR WHAT YOU'VE DONE.
UM, I'D ALSO LIKE TO VOICE MY CONCERNS A LITTLE LESS
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SPECIFIC AS THE OTHERS, BUT ABOUT THE NUMBER OF, UM, ENTRANCES AND EXITS TO GETTING INTO NEIGHBORHOODS AND BUSINESSES NEAR THE BUCKYS TRAVEL CENTER.REGENT PARK HAS ONE, ONLY ONE ENTRANCE AND EXIT.
THE BERNIE METHODIST ER AND MEDICAL CENTER HAS ONE ENTRANCE AND EXIT.
AND THE METHODIST SURGICAL CENTER HAVE ONE ENTRANCE AND EXIT ONLY WITH ONLY ONE STREET AS THE ONLY STREET LEADING TO THAT ONE IN CASE OF EMERGENCY, LIKE A HUNDRED YEAR FLOOD, WHICH I'VE, I'VE BEEN A PART OF TWO OF THOSE.
SO I DON'T KNOW HOW IT'S A HUNDRED YEAR FLOOD, BUT, UM, I'VE ALSO BEEN A PART OF A 500 YEAR FLOOD AND, UM, WITH WILDFIRES NEARBY, WHICH ALL OF IT HAS HAPPENED.
AND SO I JUST WANT TO FIGURE OUT HOW CAN WE PROTECT THE CITIZENS FROM WHAT SEEMS LIKE IT SHOULDN'T EVEN BE ALLOWED TO HAVE ONE ENTRANCE.
UM, I KNOW MY MOTHER-IN-LAW HAS NEEDED TO GO TO THE HOSPITAL FOR THE ER AND THANKFULLY BECAUSE WE WERE ABLE TO GET HER IN WITHIN THE ONE HOUR PERIOD OF TIME BEFORE A STROKE SETS IN, WE WERE ABLE TO SAVE HER WITH VERY SMALL, UM, REACTIONS TO HER BODY.
AND SO I BELIEVE JUST WITH THE TRAFFIC THAT'S GOING TO CONSUME THIS, THAT PART OF THE HIGHWAY AND AND ACCESS ROAD, I JUST WONDER WHAT FAMILY IS GOING TO BE WISHING THEY COULD GET THEIR FAMILY MEMBER WITH A STROKE TO THE, TO THE AREA THAT THEY NEED TO AT THE METHODIST HOSPITAL ER AND WON'T BE ABLE TO.
UM, AND SO ANYWAY, JUST YOUR CONTINUED VIGILANCE.
ANYTHING YOU CAN DO FOR THE ROADS, ANYTHING YOU CAN DO FOR THE SAFETY OF OUR CITY, WE JUST APPRECIATE IT SO MUCH.
AND AGAIN, THANK YOU FOR YOUR ENGAGEMENT.
I DON'T KNOW, UH, IF ANY OF THE FIVE OR SIX SPEAKERS THAT HAVE COME FORWARD THIS EVENING FROM MINGLE SPRINGS HAVE BEEN ENGAGED IN COMMUNITY ISSUES OR PUBLIC POLICY BEFORE.
BUT IF NOT, YOU ALL ARE CERTAINLY WELL VERSED AT IT.
UM, AND YOU HAVE GOTTEN THE ATTENTION OF, OF THIS BODY CERTAINLY, UH, TWO MONTHS AGO WHEN WE POSTPONED THAT ITEM FOR 60 DAYS TO ALLOW ADDITIONAL DISCUSSIONS TO TAKE PLACE.
UM, I SHARE YOUR CONCERNS ABOUT THE TRAFFIC.
I MET WITH JEFF CARROLL TODAY, MR. CARROLL, UM, AND SHARE WITH HIM, MY MOTHER-IN-LAW LIVES IN MORNINGSIDE MINISTRY, SO IF SOMETHING HAPPENS THERE AND SHE NEEDS TO GET TO THE HOSPITAL, SHE'S GOTTA GO OUT, UP AND AROUND THE ACCESS ROAD TO GET TO THE HOSPITAL.
UM, AND SO, UM, YOU KNOW, I'M WATCHING THAT ISSUE VERY CLOSELY TOO 'CAUSE I HAVE JUST AS MUCH INTEREST AS EVERYONE ELSE DOES AND THOSE OF US SITTING UP HERE.
BUT, UH, THANK YOU FOR YOUR INVOLVEMENT AND YOUR CONTINUED INVOLVEMENT IN THIS IMPORTANT ISSUE.
ANYONE ELSE WHO'D LIKE TO COME FORWARD THIS EVENING? IF NOT, I'LL CLOSE THE PUBLIC COMMENTS, BUT I DO WANNA SAY ONE MORE THING.
THANK YOU FOR ALL THOSE MANGER SPRINGS FOLKS WHO CAME BACK JUST TO SAY THANK YOU.
UH, WE IN PUBLIC SERVICE DON'T GET THANK YOUS VERY OFTEN.
WE'RE HERE BECAUSE WE REPRESENT EACH OF YOU.
WE FEEL MUCH THE SAME ABOUT ALL OF YOU, LIKE I MENTIONED A MOMENT AGO ON TRAFFIC.
UM, BUT WE APPRECIATE YOU COMING BACK AND MAKING THE SPECIAL EFFORT TO COME DOWN HERE THIS EVENING JUST TO SAY THANKS.
THANK YOU FOR YOUR INVOLVEMENT AND PLEASE CONTINUE TO BE ENGAGED ON THIS ISSUE.
[4. 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.]
COMMENTS, MOVE ON TO ITEM NUMBER FOUR, WHICH IS THE CONSENT AGENDA.I'D LIKE TO PULL THE CONSENT OF MY COLLEAGUES ON THE COMMISSION, THE, UH, SIENNA COURT MATTER.
UM, TAKE THAT UP SEPARATELY, IF THAT'S ALL RIGHT WITH EVERYONE.
UM, I ALSO WANNA POINT OUT THAT THE AGENDA ON THE CONSENT AGENDA, ITEM FOUR A MENTIONS THE APPROVAL OF MINUTES OF SEPTEMBER 8TH AND OCTOBER 6TH.
MR. CRANE, I DIDN'T SEE ANY MINUTES FROM SEPTEMBER 8TH AND THE PACKET MAILED OUT TO US LAST WEEK.
SO WE'LL HAVE THAT ON THE AGENDA FOR YOU NEXT.
SO WE'LL JUST VOTE, UH, WHEN THE CONSENT AGENDA VOTE TAKES PLACE, WE'LL JUST VOTE ON THE MINUTES.
ME, MR. CHAIRMAN, OCTOBER 6TH.
I'VE BEEN, I'VE BEEN CORRECTED.
YEAH, THE AGENDA WAS POSTED CORRECTLY.
AND THE, UH, SEPTEMBER MEETINGS ARE IN YOUR, UH, ARE ON THE, ARE IN THE PACKET TONIGHT.
SO THEY'RE, THEY'RE AT YOUR, AT THE DIOCESE.
YOU CAN DOUBLE CHECK AND MAKE SURE THAT THAT, UH, THE CHANGES THAT WERE MADE ARE CORRECT.
WELL, I, FOR ONE, HAVEN'T HAD A CHANCE TO REVIEW THEM, SO I THINK WE'RE GONNA CONTINUE WITH JUST, UH, APPROVING THE MINUTES FOR OCTOBER.
THANK YOU THOUGH MS. STARK FOR SHARING THAT WITH US.
UM, AND THEN WE'VE GOT ONE ITEM FOR ESPERANZA.
AND I PRESUME THAT IF WE APPROVE THAT DURING CONSENT, IT IS ALSO APPROVED WITH THE STIPULATION RECOMMENDED BY CITY STAFF.
MR. MCCAMEY, WOULD YOU CONFIRM THAT IF WE APPROVE IT ON CONSENT, THAT THAT STIPULATION THAT'S IN THE AGENDA ITEM SUMMARY ALSO WAS INCLUDED IN THAT APPROVAL? YES, THAT'S CORRECT.
POLICY WORKS ON CONSENT AGENDA FOR FINAL PLAT.
THANK YOU MR. MCKINNEY FOR THAT CONFIRMATION.
IS THERE A MOTION THEN TO APPROVE THOSE TWO ITEMS ON CONSENT? THE OCTOBER 6TH, 2025 MINUTES IN THE ESPERANZA, UH, MAJOR SUBDIVISION FINAL PLAT.
UM, I DON'T SEE ONE, BUT, UH, WHO MADE IT?
[00:30:01]
I MADE THE MOTION.COMMISSIONER FARR MADE THE MOTION.
IS THERE A SECOND? UH, MR. KELLER SECONDED THE MOTION.
THEN LET'S VOTE ON THE MOTION PRESENTED.
AND THOSE RESULTS ARE SEVEN IN FAVOR, NOT OPPOSED ON THE TWO ITEMS FOR THE CONSENT.
[C. CONSIDER APPROVAL FOR SIENA COURT GARDEN HOMES FINAL PLAT GENERALLY LOCATED NORTHEAST OF DALLEY STREET AND FREY STREET.]
C, WHICH IS TO CONSIDER APPROVAL FOR SIENNA COURT GARDEN HOMES FINAL PLAT, GENERALLY LOCATED NORTHEAST OF DALLY STREET AND FRY STREET.ALRIGHT, MS. LINDER FLOOR IS YOURS.
OKAY, SO AS YOU SAID, THIS IS FOR SIENNA COURT.
FINAL PLAT HERE IS THE AREA, AN AERIAL IMAGE, UH, YOU CAN SEE IT IS OFF OF FRY NEAR OAK PARK.
UM, THIS DID HAVE A PRELIMINARY PLAT THAT WAS APPROVED BY THIS BODY BACK IN 2018.
UM, AFTER THAT THE APPLICANT SUBMITTED A FINAL PLAT IN APRIL OF 21.
HOWEVER, THAT DID EXPIRE, SO THEY DID RESUBMIT.
AND THAT IS WHAT WE'RE REVIEWING TONIGHT.
UM, JUST SO YOU KNOW THAT WE ARE LOOKING AT JUST SHY OF FIVE AND A HALF ACRES.
IT'S 5.468, UM, AND IT IS 25 RESIDENTIAL LOTS.
HERE'S THE FUTURE LAND USE MAP.
YOU CAN SEE THAT THIS AREA IS NOTATED AS TRANSITIONAL RESIDENTIAL, WHICH DOES ALLOW FOR SINGLE FAMILY HOMES.
HERE IS OUR ENVIRONMENTAL CONSTRAINT MAPS.
UM, YOU CAN SEE THAT THE PROPERTY IS PARTIALLY WITHIN THE LOWERED GLENROSE, UH, BOUNDARY AS WELL AS WITHIN THE, THE BUFFER AREA.
I SHOULD ALSO POINT OUT AS, AS YOU CAN SEE, THERE IS SOME INFRASTRUCTURE WORK THAT HAS BEEN COMPLETED ON THIS SITE AT THIS TIME.
WE'LL GET A LITTLE MORE INTO THAT IN A MINUTE.
HERE IS THE PRELIMINARY PLAT THAT WAS APPROVED BY P AND Z BACK IN 2018.
YOU CAN SEE THEY ARE CONSISTENT.
SO TONIGHT BEFORE YOU, YOU CAN CHOOSE TO RECOMMEND APPROVAL.
UM, WE ARE ASKING YOU TO INCLUDE THE FOLLOWING STIPULATIONS.
UH, THE FIRST THAT THE RECORDED PLAT SHALL SUBSTANTIALLY CONFORM TO THE FINAL PLAT, UH, DATE STAMPED OCTOBER 20TH, 2025.
AND THAT WAS THE ONE INCLUDED IN YOUR PACKET.
AND WE DID HAVE A SNIP OF ON THE SCREEN, UM, THAT PRIOR TO FINAL ACCEPTANCE, ALL EXISTING OR PROPOSED FENCES SLASH RETAINING WALLS NOT INCLUDED AS PART OF THE PUBLIC IMPROVEMENTS, UM, WILL NEED TO HAVE THEIR PERMIT SUBMITTED, REVIEWED AND APPROVED.
UM, THIS INCLUDES PROVIDING GATES ACROSS, UH, CROSSING UTILITY EASEMENTS.
AND AGAIN, THAT IS BEFORE FINAL ACCEPTANCE.
UH, PRIOR, ALSO PRIOR TO FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, THE DEVELOPER MUST CONDUCT ALL REQUIRED TESTING OF THE WATER AND SEWER INFRASTRUCTURE AND MAKE ANY REPAIRS NECESSARY TO MEET CITY SPECIFICATIONS AS DETERMINED BY THE CITY ENGINEER.
THIS INCLUDES BUT IS NOT LIMITED TO REPAVING THE ENTIRE CUL-DE-SAC, ADDING ADDITIONAL CONCRETE TO CONNECT THE OUTFALL OF THE COTTAGE OF OAK PARK, OAK PARK TO THE INLET IN SIENNA COURT.
A TWO YEAR 20% WARRANTY BOND SHALL BE PROVIDED AT FINAL ACCEPTANCE.
THE FIN FINANCIAL GUARANTEE SHALL BE PROVIDED FOR THE CURRENT COST OF STREETS, DRAINAGE AND UTILITIES IMPROVEMENTS IF THOSE IMPROVEMENTS HAVE NOT BEEN ACCEPTED BY THE CITY.
AND FINALLY, THAT THE FINAL PLAT SHALL NOT BE RECORDED UNTIL ALL CLERICAL CORRECTIONS HAVE BEEN REVISED AS DETERMINED BY THE PLANNING DIRECTOR.
AND I'M HAPPY TO ANSWER ANY QUESTIONS.
COMMISSIONER HYLER? YES, IT, IT CAME UP, UM, IN PUBLIC COMMENT AND I WANT, I ACTUALLY MADE AN INQUIRY WITH CITY STAFF ON FRIDAY ABOUT THE, UH, PERCEIVED PROPERTY TAX.
MS. STARK, WOULD YOU MIND PROVIDING A KIND OF A, A SUMMARY OF OUR DISCUSSION THAT WE HAD REGARDING OUR ABILITY TO LOOK AT PROPERTY TAX IN THE FINAL PLAN? WELL, WHAT WE HAD DISCUSSED WAS THAT IN THE PAST, UM, YOU KNOW, BEFORE, UH, THE STATE LEGISLATURE CHANGED, UH, UH, PUT INTO PLACE, UH, IN THE LAST FEW YEARS, THE LAST FEW SESSIONS, SEVERAL THINGS THAT HAVE APPLIED TO PLATTING.
UH, PRIOR TO THAT, UH, ONE OF THE ITEMS THAT AN APPLICANT HAD TO, UH, PROVIDE TO THE CITY BEFORE THE PLAT, A FINAL PLAT WAS RECORDED, WAS, UH, PROOF SHOWING THAT THEIR PROPERTY TAXES HAD BEEN PAID AND, AND THAT THEY WERE UP TO DATE.
AND, UH, THAT THAT HAS BEEN CHANGED, UH, WITH RECENT LEGISLATION THAT THE CITY'S NO LONGER ALLOWED, UH, ANY CITY, UH, TO REQUIRE THAT TO BE, UH, PROVIDED.
AND SO THAT'S NOT SOMETHING THAT IS CONSIDERED, UM, WITH ANY PLAT THAT COMES IN ANY LONGER.
[00:35:01]
IT USED TO BE.AND THAT WAS SOMETHING THAT HAD BEEN DONE FOR YEARS AND YEARS.
NOW, AFTER OUR CONVERSATION, I DID MY BEST TO DO MY DUE DILIGENCE.
THIS MAY BE WHERE M**K COMES IN.
I WAS ABLE TO LOCATE TEXAS PROPERTY CODE SECTION 12.002 LETTER E, AND IT DOES STATE THAT PROPERTY TAX NEEDS TO BE CURRENT WHENEVER OUR FINAL PLAT IS SUBMITTED FOR RECORD.
IN FACT, IT STATES IF IT'S AFTER, AFTER SEPTEMBER, THEN A CALCULATION NEEDS TO BE MADE FOR THE FOLLOWING YEAR.
AND THAT BROUGHT TO CURRENT AS WELL.
MR. MCCAMEY, WOULD YOU BE ABLE TO SHARE ANY INSIDER LIGHT OR I CAN PROVIDE WITH YOU? I THINK MS. DARK IS CORRECT.
THAT USED TO BE WHAT WE COULD INCLUDE AS A REQUIREMENT IN OUR SUBDIVISION ORDINANCE, BUT THAT'S BEEN TAKEN AWAY FROM US, THAT PROVISION OF THE PROPERTY CODE.
I'D BE HAPPY TO LOOK AT YOUR VERSION AND SEE WHAT, HOW THAT APPLIES TO THAT SITUATION.
I JUST PULLED IT UP ON MY PHONE.
CAN I WALK THIS OVER TO YOU? WELL, I HAVE A COPY OF THAT, NO.
I'LL BE HAPPY TO RESEARCH THAT FOR YOU, SIR.
I I JUST, I MEAN, I JUST LOOKED AT THE TEXAS STATUTE, UM, AND IT DOES SAY EXACTLY WHAT COMMISSIONER HOTTER SAYS.
IT SAYS, UM, SO MR. CHAIRMAN, I THINK IT'S IMPORTANT TO KNOW IT, ASSUMING WHAT'S CORRECT, HE'S TALKING ABOUT RECORDATION OF THE PLAT.
IT CAN BE APPROVED, WHICH, WHICH IS RIGHT, EXACTLY.
BUT IT CANNOT BE RECORDED UNTIL THE DELINQUENT TAXES ARE MADE.
WHICH IS A SEPARATE APPLICATION THAT WE DO.
YOU DO NOT HAVE THE AUTHORITY TO DENY THE PLAT FOR LACK OF PAYMENT OF TAXES.
IT'S TOTALLY SEPARATE FROM WHETHER IT CAN BE RECORDED OR NOT.
AND THAT IS THERE OTHER OFFICIALS WHO DECIDE THAT? OKAY.
I THINK MAYBE, MAYBE WHAT WHAT HAPPENED HERE WAS THE LAST CONDITION HERE IS THE FINAL PLA SHALL NOT BE RECORDED UNTIL ALL CLERICAL CORRECTIONS HAVE BEEN REVISED.
UM, AND SO MAYBE WE'RE THINKING THAT, WELL, WE KNOW THE STATE LAW SAYS IT CAN'T BE RECORDED IF THEOREM TAXES PASSED DUE AREN'T PAID EITHER.
WELL, AGAIN, REMEMBER OUR TRAINING ON THE NEW LAWS ABOUT WHAT, WHAT WE HAVE TO DO IF WE'RE GONNA DENY A PLAT OR DELAY A PLAT UNDERSTOOD OR AT A CONDITION, YOUR, IT MUST BE REFERENCED IN YOUR SUBDIVISION ORDINANCE.
THAT IS NOT, THAT STATUTE IS NOT AND CANNOT BE REFERENCED IN YOUR ORDINANCE ANYMORE.
SO IF YOU DENY THE PLAT BASED ON FAILURE TO BE CURRENT IN TAXES, YOU WOULD BE DENYING FOR A GROUND THAT IS NOT IN THE SUBDIVISION ORDINANCE.
YOU CAN DENY FOR ANOTHER GROUND IF YOU FIND IT AND TIE IT AS YOU REMEMBER, WE HAVE TO SPECIFY THE PROVISION IN THE SUBDIVISION ORDINANCE THAT WE'RE DENYING IT FOR.
THAT PROVISION IS NOT IN OUR SUBDIVISION ORDINANCE.
AND FOR THOSE OF YOU IN THE AUDIENCE, I APOLOGIZE FOR THE LEGALESE, WE'RE GETTING WAY DOWN IN THE DEEP IN WEEDS ON THIS ONE.
UM, THAT'S WHY I DON'T ANSWER QUESTIONS OFF FROM THE DI WHEN SOMEONE SAYS, HERE, LET ME READ YOU THIS.
YOUR YOUR SUSPICION OF MY LEGAL SKILLS IS NOT WITHOUT, UH, NO, THAT'S WITHOUT MERIT
UM, BUT LET ME, LET ME, LET ME ADD THOUGH THEN, MR. MCCAMEY, THIS BEGS THE QUESTION, BECAUSE WE'RE ABOUT TO UNDERGO SOME REVISIONS TO OUR UDC, COULD WE THEN INCLUDE A PROVISION? NO, NOT EVEN TO SAY THAT IT'S GOTTA BE RECORDED UNTIL AOR TAXES ARE PAID? NO, THAT'S THE PROVISION THAT MS. STARK MENTIONED.
THE LEGISLATURE HAS PROHIBITED US FROM INCLUDING OUR SUBDIVISION.
BUT THE STATUTE, STATE STATUTE STILL IS IN EXISTENCE.
AND THAT APPLIES TO THE COUNTY COURT? YES.
THANK YOU FOR THE CLARIFICATION.
ANYTHING ELSE QUESTION? I'M GOOD FOR THE MOMENT.
ANY OTHER QUESTIONS? COMMISSIONER FRYER? THIS IS QUESTIONS FOR STAFF, RIGHT? YES.
UM, FIRST I WANNA SAY THAT I'M KEENLY AWARE FROM A REAL ESTATE PERSPECTIVE WHAT A MESS OAK PARK COTTAGES HAVE BEEN.
UM, SO I GUESS WITHOUT MY QUESTION TO STAFF IS HOW DOES THAT PLAY INTO A DECISION ON APPROVING A FINAL PLAT FOR A DEVELOPER THAT'S ALREADY MADE A MESS IN TOWN? HOW, HOW CAN WE, HOW CAN WE SPEAK TO THAT? SO, UH, AS WE DISCUSSED BEFORE, WE CANNOT THAT WE HAVE TO CONSIDER THIS PROJECT IN ITS WHOLE WITH, ITS IN ITS BOUNDARIES.
WE CAN'T CONSIDER PAST PERFORMANCE AS PART OF, UH, YOUR, YOUR ACTION THIS EVENING.
IT'S A SEPARATE INDEPENDENT ACTION.
[00:40:01]
NOT AT ALL IN ANY WAY TO OWNERSHIP.
SO WHOEVER GETS THE PLAT APPROVAL MAY OR MAY NOT BE THE ONES DEVELOPING THE PROPERTY NOW OR 10 YEARS FROM NOW.
AND WE DO NOT HAVE THE AUTHORITY TO LOOK AT PAST PERFORMANCE ON EVEN ON DEVELOPMENT UNDER PRIOR PLATS BY THE SAME INDIVIDUAL.
IT'S ALL ABOUT WHETHER THAT DESIGN FITS THAT PROPERTY MEETS THE ORDINANCE.
NOT ABOUT WHO'S NOT EVEN ABOUT WHO THE APPLICANT IS.
UM, THEN MY NEXT QUESTION, I GUESS WOULD BE, COULD YOU HELP US UNDERSTAND THE PROCESS OF THE INSPECTION OF LET'S, I MEAN, WE'RE OBVIOUSLY USING THE COTTAGES AT OAK PARK AS AN EXAMPLE.
HOW DID THIS BECOME SUCH A MESS? OBVIOUSLY THE DEVELOPER DIDN'T DO DO IT RIGHT, BUT HOW DID WE GET SO FAR INTO THIS THAT ONE THING KEEPS COMPOUNDING THE OTHER AND AND THERE'S NO CITY REGULATION TO MAKE THEM FIX IT.
AND HOW CAN WE PREVENT, WHAT DO WE LEARN AND HOW CAN WE PREVENT THIS GOING FORWARD? SO, I MEAN, THAT, THAT'S KIND OF A LOADED QUESTION.
WE'RE ASSUMING THAT CITY HASN'T BEEN INVOLVED OR THE CITY CAN'T FIX THINGS, THINGS RELATED TO WALLS, INFRASTRUCTURE AND SO FORTH.
YES, WE HAVE THE ABILITY TO CORRECT, UH, PROMISES MADE, UH, BY DEVELOPERS FOR AMENITIES AND THINGS LIKE THAT.
IF IT WASN'T PART OF THE APPROVAL, WE DON'T HAVE THE ABILITY TO ENFORCE THOSE FOR AMENITIES, AMENITIES OR OTHER IMPROVEMENTS.
BUT IT SOUNDS LIKE THERE'S STILL SIGNIFICANT PROBLEMS WITH THEIR DRAINAGE.
AND WE JUST GOT THIS LITERALLY SITTING HERE, SO WE DIDN'T HAVE A CHANCE TO REVIEW IT ALL AHEAD OF TIME.
BUT THERE'S DRAINAGE PROBLEMS, THERE'S STRUCTURAL PROBLEMS. SO IT'S NOT JUST LIKE HOA TYPE ACTIONS.
YEAH, UNFORTUNATELY, THOSE ARE ALL, AND YOU KNOW, AND WE, WE FEEL FOR THE RESIDENTS AND WE TRY TO DO WHAT WE CAN, UH, TO ASSIST THEM.
WE'VE HAD MANY CONVERSATIONS WITH THE DEVELOPER ABOUT IT.
UH, UNFORTUNATELY THOUGH, WHEN IT COMES DOWN TO IT FROM A, UH, LEGAL STANDPOINT, THEY ARE, UH, A PRIVATE MATTER, UH, BETWEEN THE OWNERS OF COTTAGES, OAK PARK, AND THE DEVELOPER.
SO WE'RE REALLY TIED ON HOW WE CAN KEEP THEM PROTECTED.
UM, AND THAT'S A REALLY GOOD POINT.
AND I MENTIONED A MOMENT AGO WHEN WE HAD PUBLIC COMMENTS THAT, UM, YOU KNOW, THIS BODY IS, I THINK, VERY DILIGENT ABOUT DOING ALL IT CAN WITHIN THE CONSTRAINTS OF THE LAW TO HELP THE CITIZENS OF BERNIE WITH ISSUES OF IMPORTANT PUBLIC POLICY, WHICH, WHICH THIS IS UNFORTUNATELY, UM, IF YOU ALL HAD BEEN HERE AT OUR FIVE 30 IMPACT FEE ADVISORY COMMITTEE MEETING, YOU WOULD'VE LEARNED THAT THE STATE KEEPS TAKING AWAY THE POWER OF MUNICIPALITIES TO DO THINGS WITHIN THEIR OWN JURISDICTION.
AND THIS IS A CLEAR EXAMPLE WHEN IT COMES TO PLATS.
THE DEVELOPMENT LOBBY OVER THE YEARS, UNFORTUNATELY FOR US, HAS MADE REALLY PLAT APPROVAL ON, ON AUTOMATIC ALMOST ADMINISTRATIVE PROCESS NOW.
UH, AND IF YOU COMPLY WITH STATE LAW, THE CITIES ARE SUPPOSED TO LEGALLY, UM, APPROVE THE PLAT.
NOW THE QUESTION I'VE GOT IS THOUGH THERE ARE A NUMBER OF CONDITIONS HERE, FOR EXAMPLE, A TWO YEAR 20% WARRANTY BOND AND A FINANCE GUARANTEE.
MR. MCKEON, HOW MUCH FLEXIBILITY DO WE HAVE IF WE WANT TO DO A HUNDRED PERCENT WARRANTY BOND AND A FINANCE GUARANTEE FOR THE ENTIRE COST OF STREET DRAINAGE AND UTILITIES? I MEAN, HOW MUCH LEEWAY DO WE HAVE TO ENSURE THAT THESE THINGS THAT ARE ON THE PLAT GET DONE ACCORDING TO THE WAY THE PLAT SAYS THEY NEED TO BE GET DONE? WELL, THOSE ARE REALLY SEPARATE FROM PLATTING.
THE, THE SECURITY REQUIRED FOR ANY PUBLIC WORK DEVELOPMENT, WHICH A STREET IS, OR FORMAL OR REAL I GUESS YOU WOULD SAY MOST DRAINAGE STRUCTURES ARE THOSE ARE CONSIDERED PUBLIC WORKS UNDER STATE LAW.
AND WE'RE WE'RE REQUIRED TO MAKE THE DEVELOPER POST PAYMENT AND PERFORMANCE BONDS TO MAKE SURE THEY'RE COMPLETED.
AND THOSE ARE IN A HUNDRED PERCENT, BUT THE OTHER PROVISIONS THAT, LIKE THE 20% PROVISION, THOSE ARE IN OUR ORDINANCE.
SO, UM, WE DO GET SECURITY TO SECURE THOSE PUBLIC WORKS ARE COMPLETED, AND IF THEY'RE NOT, THEN WE CALL THE BOND.
AND WE HAVE CALLED BONDS IN BERNIE TO FINISH JOBS THAT DEVELOPERS
[00:45:01]
HAVE DEFAULTED UPON.SO THE FINANCE GUARANTEE HERE IS A HUNDRED PERCENT OF THE COST OF THE STREETS FURNISHING UTILITY, THESE IMPROVEMENTS TYPICALLY THAT'S SO OKAY.
IF THEY'RE PUBLIC STREETS OKAY.
STREETS, WHICH THE DEVELOPER INTENDS TO CONSTRUCT BUT THEN DEDICATE TO THE CITY.
AND THE CITY ENGINEER, UH, PROCESSES ALL THOSE BONDS AND OUR LEGAL DEPARTMENT APPROVES THEM ALL.
MR. KATES, HAVE ANY IMPROVEMENTS BEEN ACCEPTED BY THE CITY OUT THERE YET? JEFF, YOU CAN COME UP AND ANSWER THAT.
NO, THAT'S WHY WE HAVE THE, UH, MR. CAR STIPULATION CONDITION.
HELP ME UNDERSTAND THE PROCESS.
UM, SO THEY, I GUESS BUILT THOSE ROADS, WHAT, THREE YEARS AGO? YEAH.
SO THE, THIS WAS DONE UNDER OUR OLD PROCESS MM-HMM
WHERE YOU COULD DO YOUR PRELIMINARY PLAT AND THEN YOU COULD GET YOUR CONSTRUCTION PLANS APPROVED AND CONSTRUCT THEM BEFORE YOU DO YOUR FINAL PLAT.
I GUESS MY QUESTION IS HOW COULD, HOW COULD A ROAD BE CONSTRUCTED THAT PROBABLY ALREADY NEEDS REPAVING IN THREE YEARS AND THERE NOT BE AN INSPECTION OR ANY OVERSIGHT OF THE CONSTRUCTION OF THAT ROAD THERE, THERE WAS THROUGHOUT THE PROCESS.
SO YOUR INITIAL QUESTION, HAS ANYTHING BEEN ACCEPTED? NO, NOTHING HAS BEEN ACCEPTED AT THE TIME.
UM, SO OUR, OUR DEPARTMENT DOES HAVE PUBLIC WORKS INSPECTORS THAT GO WATCH THE ROADS AND UTILITIES THAT GET BUILT.
AND SO WE HAVE BEEN OUT THERE WATCHING, UH, AS PRO AS CONSTRUCTION PROGRESSED.
AND AS YOU MENTIONED IT HAS, IT STOPPED, IT STOPPED SOME TIME PERIOD AGO.
UM, SO THERE WAS A, THERE WAS AN ISSUE AND THE CONTRACTOR WENT AND ACTUALLY DUG UP A PORTION OF THE PAVED ASPHALT.
SO IF YOU GO OUT THERE TODAY IN THE CUL-DE-SAC, THERE'S A HOLE IN THE PAVED ASPHALT AREA.
AND SO THAT'S WHY THE ONE COMMON, UH, THAT NEEDS TO BE REPAIRED TO OUR STANDARDS.
AND THAT MIGHT REQUIRE REPAVING OF THE ENTIRE CUL-DE-SAC.
BUT THERE IS OVERSIGHT TO SEE THAT THAT WORK IS DONE INITIALLY.
OR DID YOU OR IS IT JUST GO OUT THERE AND SEE WHAT THEY DID AND SEE WHETHER OR NOT YOU'RE GOING TO ACCEPT IT? SO IN THE STANDARD CONSTRUCTION PROCESS, THERE'S MANY REQUIRED INSPECTIONS ALONG THE WAY.
AND SO OUR INSPECTORS, WE HAVE, UH, THREE INSPECTORS AND A SENIOR INSPECTOR.
SO THE FOUR OF THEM ARE OUT LOOKING AT ALL OF OUR PROJECTS AS THEY GET BUILT MM-HMM
AND THERE'S STANDARD INSPECTIONS THAT REQUIRE THE INSPECTORS TO BE THERE AND BE PRESENT AT.
AND SO THEY WATCH THE PROGRESS AS IT PROGRESSES.
SO THEY'LL DROP IN TO CHECK ON THINGS, BUT THEN ALSO THERE'S APPOINTMENTS THAT HAVE TO BE SCHEDULED FOR SPECIFIC INSPECTIONS TO OCCUR.
TO YOUR KNOWLEDGE, DO THEY EVER STOP A DEVELOPER AND SAY, THIS JOB IS NOT UP TO STANDARD? YOU'RE NOT, YOU'RE NOT, UH, VERY FREQUENTLY.
UH, THE, THE WALLS, THE FENCES, AS I RECALL, WE REQUIRED THOSE AS PART OF THE, THE DEVELOPMENT AGREEMENT AND THE PLANTS.
UH, ARE THOSE NOT INSPECTED BY THE CITY OF BERNIE AS THEY'RE BEING PUT UP AS FAR AS, UH, SUFFICIENT FOOTERS AND, AND AND HOW THOSE ARE CONSTRUCTED? SO THE, THE WALLS ARE PERMITTED NOT THROUGH MY GROUP, BUT THEY'RE A DIFFERENT GROUP.
SO I CAN'T SPEAK TO THE PERMITTING OR THE INSPECTIONS ON THE WALLS THEMSELVES.
UM, SAME PROCESS TO GET THE PERMIT, THEY WOULD, IT WOULD BE INSPECTED FOOTINGS FOUNDATION.
SO, SO FROM A PRACTICAL STANDPOINT, WHY IS THE WALL, UH, LEANING AS MUCH AS IT IS IF IT WAS INSPECTED AND AND DONE TO BURNING CITY STANDARDS? WELL, OKAY, SO THERE'S A NUMBER OF REASONS.
WE DON'T KNOW WHY IT'S FAILING RIGHT NOW.
IT COULD BE, UH, SOILS, IT COULD BE ANY, ANY NUMBER OF ISSUES.
DO YOU FEEL LIKE OUR STANDARDS AND OUR INSPECTIONS ARE SUFFICIENT TO PROTECT THE CITIZENS OF BURN? YEAH, THEY'RE DEFINED IN THE BUILDING CODE.
UM, ONE OF THE PROVISIONS IS, UH, REINSPECTION OF THE WALLS, MAKING SURE UP THE CODE, WHAT HAPPENS IF THEY'RE NOT, THEN THERE'S A CORRECTION BEFORE WE SIGN OFF ON THE IMPROVEMENTS.
THEY HAVE TO REBUILD 'EM, THEY HAVE TO COME UP THE CODE BEFORE THEY CAN MOVE FORWARD WITH ANYTHING.
AND THEN, UH, IS IT A TWO, TWO OR THREE YEAR, UH, EXPIRATION OF A FINAL PLAT IF NO WORK IS DONE? 'CAUSE THIS ONE'S ALREADY EXPIRED ONCE, CORRECT? YES.
RIGHT, FRANKIE? UH, THAT'S WHAT IT WAS APPLIED FOR.
SO THE APPLICATION JUST BECAME STALE.
SO WHAT, WHAT'S THAT TIME PERIOD? SO IT IS, UH, LET ME LOOK IT UP FOR YOU TO CONFIRM.
IT'S ONE YEAR WITH A, UH, ONE YEAR EXTENSION THEY CAN DO, IF I REMEMBER CORRECTLY.
AND THE, AND THE, THE EXTENSION HAS TO BE BROUGHT BEFORE THE P AND Z OR IS IT, UH, ADMINISTRATIVE? IT'S ADMINISTRATIVE.
IT JUST HAS TO BE REQUESTED BEFORE THE EXPIRATION
[00:50:01]
AND IT'S AUTOMATICALLY EXTENDED FOR ANOTHER YEAR IF IT'S REQUESTED.HAS TO BE JUSTIFICATION FOR IT.
ANYONE ELSE? COMMISSIONER? YEAH, JUST I GUESS KNOWING WHAT WE KNOW NOW WITH THE, THE INFORMATION THAT'S BEEN PROVIDED, IS THERE THERE ANYTHING AT THE TIME OF, OF C OF O THAT YOU CAN PUSH THAT THE CITY CAN PUSH BACK ON? IF, IF THE DEVELOPER HASN'T DONE WHAT HE SAID HE'S GONNA DO SUCH AS? WELL, I MEAN, HE, HE PROVIDES, YOU KNOW, TO A POINT WAS MADE THAT, YOU KNOW, ONCE THIS FINAL PLAT IS ACCEPTED, IT MAY BE DEVELOPED BY SOMEBODY ELSE.
BUT YOU KNOW, WE'VE BEEN TOLD THAT WE'RE AS A CITY THAT WE'RE GONNA GET X.
AND WE HAVE NEIGHBORS THAT ARE GOING IN AND BUYING, YOU KNOW, THESE LOTS TO, TO BUILD THESE THINGS.
AND I UNDERSTAND A LOT OF THAT.
OR IS A, YOU KNOW, A PRIVATE CIVIL MATTER, YOU KNOW, PROBABLY.
BUT, UM, YOU KNOW, THE CITY DOES HAVE TO OFF HAVE TO, UH, DO A CERTIFICATE OF OCCUPANCY AT COMPLETION, CORRECT? Y YES.
SO, UH, ALL PUBLIC IMPROVEMENTS ARE REQUIRED TO BE COMPLETED AND ACCEPTED BEFORE WE ISSUE BUILDING PERMITS.
SO THE WALL, THE ROAD STREETS, RIGHT.
BUT ONCE, BUT ONCE THE BUILDING IS BUILT, THEY'VE GOTTA GET A CERTIFICATE OF OCCUPANCY.
THEN AFTER, THEN, AFTER, UH, A PERMIT IS ISSUED, THEY WOULD GET A CERTIFICATE OF OCCUPANCY.
BUT AT, BUT AT COMPLETION, I'M A CERTIFICATE OF OCCUPANCY.
WOULDN'T, WOULDN'T THE THE BUILDING NEED TO BE BUILT? YES.
BUT WE WON'T ISSUE A BUILDING PERMIT UNTIL THE IMPROVEMENTS ARE COMPLETED.
UM, BUT I'M NOT REALLY CONCERNED WITH THE CITIES, WHAT THE CITIES, THE ROADS.
I'M MORE CONCERNED WITH WHAT OUR NEIGHBORS ARE THAT ARE BUYING THESE HOMES AND, AND NOT GETTING WHAT THEY, WHAT THEY BARGAINED FOR.
AND OF COURSE, NOBODY KNEW GOING INTO IT, BUT WE KNOW NOW, OR AT LEAST ALLEGEDLY KNOW NOW.
SO MOVING FORWARD, THERE'S NOT MUCH WE CAN DO WITH THE FINAL PLAID, BUT IS THERE ANYTHING YOU CAN DO BEFORE GRANTING A CERTIFICATE OF OCCUPANCY FOR THESE GARDEN HOMES THAT THEY BUILD? UM, BECAUSE THAT SEEMS TO BE WHERE THE DEVELOPER'S THE MOST MOTIVATED.
LET ME, LET ME TRY TO CLEAR SOMETHING UP BRIEFLY.
THERE IS NO CERTIFICATE OF OCCUPANCY ISSUED FOR THE SUBDIVISION, ONLY FOR EACH PARTICULAR BUILDING THAT THAT'S WHAT I'M TALKING ABOUT.
AND IF IT MEETS THE UNIFORM BUILDING CODE REQUIREMENTS, WE GRANT THE CERTIFICATE OF OCC.
EVERYTHING HAS TO BE IN OUR UNIFORM BUILDING CODE AS OUR LOCAL.
WE MAKE A FEW LOCAL AMENDMENTS TO THAT, BUT THEY'RE NOT VERY LARGE ITEMS. SO IF THE STRUCTURE MEETS THE UNIFORM BUILDING CODE AND HAS BEEN INSPECTED AND PASSED INSPECTION BY THE VARIOUS INSPECTORS, THEN THEY GET THEIR, THEIR OCCUPANCY.
NOW, AS FAR AS WHAT THE DEVELOPER MAY HAVE PROMISED, AND I KNOW THE GENTLEMAN TONIGHT, AND I THINK YOU'VE HEARD MANY TIMES THERE WERE BROCHURES ABOUT AMENITIES AND OTHER THINGS THAT WERE GONNA BE BUILT.
THE CITY HAS NO INVOLVEMENT OR AUTHORITY IN THAT REGARD.
THAT'S, UH, THAT IS A PRIVATE CIVIL MATTER AND THE TEXAS ATTORNEY GENERAL DOES, HAS ALL OFFICES TO HANDLE THOSE.
THANK YOU COMMISSIONER KELLER.
THE ONLY QUESTION I REALLY HAVE IS LIKE A LOT OF THE AGENDA ITEMS THAT WE SEE, THERE'S A, A SET OF CRITERIA THAT WE CAN ACCEPT OR DENY, RECOMMEND ACCEPTING OR DENYING SOMETHING.
IS THERE NOTHING LIKE THAT FOR THIS TYPE OF PLAT? IT'S JUST BASICALLY AN ADMINISTRATIVE PROCESS AND EACH ACTION WE TAKE DOES HAVE FINDINGS.
SO WE HAVE FINDINGS THAT WE, THAT, UH, YOU MAKE AS PART OF THE FINAL PLAZA DOES HAVE THAT CRITERIA? YES.
AND, AND IS THERE A LIST THAT WE COULD SEE THAT, I MEAN, I, YOU GUYS HAVE ALREADY, I'M ASSUMING, APPROVED ALL OF THAT AT THIS POINT.
AND IT JUST COMES TO US AS A RUBBER STAMP.
IS THAT, WELL, I I THINK RUBBER STABS A STRONG WORD.
WE KIND, WE TRY NOT TO BRING YOU A PROJECT THAT IS NOT FULLY BAKED.
OR, UH, ISSUES ADDRESSED THROUGH CONDITIONS OF APPROVAL OR SO FORTH.
UH, BUT YEAH, I MEAN, THE RESPONSIBILITY FOR APPROVAL OF THIS PLAT REST ON YOU AND NOT AT THIS POINT IN TIME.
SO I GUESS MY QUESTION IS, IF THERE WAS
[00:55:01]
A REASON TO DENY IT, WHAT, WHAT DOES THAT EXAMPLE LOOK LIKE? I'M NOT, I'M NOT CLEAR ON THAT BECAUSE I, THIS IS ONE OF THE FIRST ONES.LET'S SAY WE ARE STANDARD RIGHT OF WAY IS WHAT, 56 FEET RIGHT? AND THEY'RE PROPOSING 40.
THAT WOULD BE AN EXAMPLE THAT IT'S NOT CONSISTENT WITH OUR CODE.
ANYTHING ELSE? COMMISSIONER KELLER? ANYONE ELSE? THOUGHTS? COMMISSIONER VAIN? IF YOU INDULGE ME IN A SEC IN A MINUTE HERE, I JUST WANNA TELL A STORY.
UM, SO MY FAMILY AND I ARE IN THE PROCESS OF MOVING THIS WEEKEND.
I WENT TO, UH, U-HAUL, RENTED A U-HAUL.
I ASKED THE LADY IF I CAN RENT SOME, UM, BLANKETS, SOME MOVING BLANKETS.
AND SHE SAID, NO, JUST TAKE 'EM.
SO, YOU KNOW, I SAY THAT BECAUSE I THINK BERNIE IS STILL THAT KIND OF PLACE, RIGHT? WHERE YOUR WORD MEANS SOMETHING.
AND I KNOW THAT ALL OF THESE PROMISES THAT ARE IN THE BROCHURE, UM, ARE NOT A CITY MATTER.
AND I KNOW THAT THOSE ARE DIFFICULT TO DEFEND IN A COURT OF LAW 'CAUSE IT'S NOT A BINDING CONTRACT.
BUT I THINK IT MAY, I THINK IT, I STILL THINK IT'S IMPORTANT, RIGHT? I THINK, I THINK IT'S YOUR WORD.
AND IF THE DEVELOPER, IF DEVELOPER'S WORD IS THAT SHALLOW, UH, AS, AS A, AS A COMMISSION, AS A CITY, I WOULD LOVE TO DO ANYTHING POSSIBLE TO DENY THIS.
BUT I ALSO RECOGNIZE THAT THE STATE LEGISLATURE HAS HAMPERED US, HANDCUFFED US.
WE, THERE'S, THERE'S VERY LITTLE WE CAN DO.
AND WHAT'S REALLY FRUSTRATING IS THAT, I'M GONNA SOAPBOX FOR JUST ONE SECOND.
WHAT'S REALLY FRUSTRATING IS THAT THE PEOPLE THAT WE ELECT LOCALLY, WHETHER IT'S CITY, WHETHER IT'S STATE, UM, THEY GET ELECTED ON NATIONAL ISSUES.
AND THESE ARE THE, THESE ARE THE LOCAL ISSUES THAT ARE MORE, THAT ARE REALLY IMPORTANT.
UM, SO I MEAN, AGAIN, I KNOW THAT, I KNOW I'M SOAP BOXING, BUT IT'S FRUSTRATING.
IT REALLY IS FRUSTRATING, PARTICULARLY FOR THIS COMMISSION KNOWING THAT WE HAVE SUCH LITTLE POWER TO PREVENT THIS FROM HAPPENING AGAIN.
ANY OTHER COMMENTS FROM COMMISSION? UM, WELL IT'S ALWAYS HELPFUL TO GO BACK AND READ THE ORDINANCE.
SO, UM, OUR APPROVALS OF PLAT APPLICATIONS ARE COVERED IN THE UDC UNDER SECTION TWO TWO DASH SIX, UM, SEVEN, IT LOOKS LIKE TO ME.
IT SAYS THAT IF WE DENY IT, EACH CONDITION OR REASON SPECIFIED IN THE WRITTEN STATEMENT MUST BE DIRECTLY RELATED TO THE REQUIREMENTS SET OUT IN STATE LAW, FEDERAL LAW, THE COMPREHENSIVE PLAN FOR THE CITY'S CODE OF ORDINANCES AND INCLUDE A CITATION TO THE SECTIONS OF SUCH LAWS OR PLANS.
THAT IS THE BASIS FOR THE CONDITIONAL APPROVAL OR THE DISAPPROVAL AND MAY NOT BE ARBITRARY.
THAT'S THE ARBITRARY STANDARDS.
UM, THIS BODY'S NEVER BEEN ARBITRARY IN MY EXPERIENCE.
UM, SO THE COMPREHENSIVE PLAN IS THE BERNIE MASTER PLAN.
THAT'S WHAT THE COMPREHENSIVE PLAN IS DEFINED TO BE IN THE UDC.
AND ON PAGE 87, SINCE RECITING CHAPTER AND VERSE OF THE BERNIE MASTER PLAN, IT SAYS THE FOLLOWING RECOMMENDATIONS SHOULD BE CONSIDERED AS PART OF REZONINGS DEVELOPMENT APPROVALS, WHICH IS, THIS IS A PLAT IS OR IMPROVEMENTS TO EXISTING REGULATIONS.
QUOTE, APPROPRIATE RESIDENTIAL DWELLING TYPES COULD INCLUDE ESTATE LOTS, LOW DENSITY, LOTS, STANDARD LOTS, NEIGHBORHOOD LOTS AND SMALL LOTS PROVIDED THAT PROVIDED THAT THE PERFORMANCE STANDARDS ACHIEVE THE ENVISIONED CHARACTER OF THE AREA.
AND THAT'S WHERE I THINK WE'VE GOT THE DEVELOPER, HIS PERFORMANCE STANDARDS, LEANING WALLS, SLOPPY WORK, DRAINAGE PROBLEMS DO NOT IN MY OPINION, ACHIEVE THE ENVISIONED CHARACTER OF THE AREA OR BERNIE AS A WHOLE.
AND SO IF WE DECIDE WE WANT TO DENY THE PLAT, I WOULD RECOMMEND THAT WE USE THIS PAGE 87 OF THE BERNIE MASTER PLAN TO DO SO.
ANYBODY ELSE HAVE ANY THOUGHTS? OKAY.
[01:00:05]
I WOULD MOTION TO DENY THE PLAT BASED ON THE INFORMATION YOU JUST PROVIDED.MR. KELLER HAS MADE A MOTION TO DENY THE PLAT UNDER THAT SECTION I CITED IN THE UDC REGARDING THE COMPREHENSIVE PLAN.
SINCE THE BERNIE MASTER PLAN SAYS THAT THE PERFORMANCE STANDARDS ACHIEVE THE ENVISIONED CHARACTER OF THE AREA SHOULD BE UPHELD.
IS THERE A SECOND TO THAT MOTION? SECONDED BY COMMISSIONER HYLER.
ANY FURTHER DISCUSSION? OKAY, THEN LET'S VOTE AND SEE THE RESULTS.
A MOTION TO DENY WAS THE MOTION.
CAN WE CORRECT THAT PLEASE? OKAY.
MOTION TO DENY PASSES UNANIMOUSLY.
THANK YOU FOLKS FOR COMING DOWN TO TALK ON THIS ISSUE.
WE APPRECIATE AS ALWAYS, YOUR TIME AND COMMITMENT TO TAKE AWAY FROM YOUR EVENING AT HOME TO COME DOWN HERE AND SPEND TIME WITH US.
[A. CONSIDERATION OF A REQUEST TO RATIFY THE ZONING DESIGNATION OF C3 – SICO (COMMUNITY COMMERCIAL WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT), AS DETERMINED THROUGH LEGAL REVIEW OF THE UNIFIED DEVELOPMENT CODE, FOR AN APPROXIMATELY 5.155-ACRE PROPERTY LOCATED ON IH-10 WEST. THIS TRACT, KNOWN AS THE IH-10 “SURPLUS NORTH” TRACT, ADJOINS THE FUTURE BUC-EE’S DEVELOPMENT AT 33375 IH-10 WEST.]
TO THE NEXT ITEM.ITEM FIVE A IS TO CONSIDERATION OF A REQUEST TO RATIFY, ALTHOUGH MR. MCCAMEY, SINCE WE TABLED THIS TWO MONTHS AGO, DO WE FIRST HAVE TO UNT THIS MATTER BEFORE WE CAN CONSIDER IT? UH, NO SIR.
I THINK YOU TABLED IT TO A DATE CERTAIN, SO THAT'S WHY IT'S ON THE CAMERA.
SO, CONSIDERATION OF A REQUEST TO RATIFY THE ZONING DESIGNATION OF C3 DASH SICO COMMUNITY COMMERCIAL WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.
THAT'S DETERMINED THROUGH LEGAL REVIEW OF THE UNIFIED DEVELOPMENT CODE FOR AN APPROXIMATELY 5.155 ACRE PROPERTY LOCATED IN IH 10 WEST, KNOWN AS THE I 10 SURPLUS NORTH TRACT.
MR. CRANE, IS THIS YOURS? YES, SIR.
YOU MAY PROCEED ANOTHER ITEM I HAVE.
THANK YOU FOR YOUR PATIENCE, UH, THIS EVENING.
UH, WE'RE HERE TO, UH, CONTINUE DISCUSSION.
WE HAD IN SEPTEMBER, UH, UH, REGARDING THE RATIFICATION OF ZONING FOR, UH, WHAT WE'RE CALLING SITE B UH, RELATED TO THE, UH, BUCKY'S DEVELOPMENT.
I'LL GO THROUGH THIS VERY QUICKLY.
I DID ADD A COUPLE, UH, PIECE OF IN INFORMATION FOR YOU, UH, THAT I'LL HIGHLIGHT.
UM, THE SITE, UH, HAS TWO PORTIONS.
ONE IS SITE A, WHICH IS THE ORIGINAL SITE.
UH, THIS IS WHERE THE STORE WILL BE, UH, CONSTRUCTED.
IT'S JUST, IT'S ALMOST 24.7 ACRES.
THERE'S AN ADDITIONAL SITE THAT USED TO BE, UH, TXDOT RIGHT OF WAY.
THE LAND USE MAP DESIGNATE THIS AREA AS AUTO ORIENTED COMMERCIAL SITE A IS CURRENTLY ZONED C3 AND SITE B IS B TWO.
AND I'LL EXPLAIN THAT IN JUST A SECOND.
AS YOU, AS YOU RECALL, ALL PROPERTY IS REQUIRED TO HAVE ZONING.
UH, SITE A WAS ZONED HI B TWO HIGHWAY COMMERCIAL IN MAY OF 2005.
UH, IT WAS REASSIGNED C3 COMMUNITY COMMERCIAL AS PART OF OUR, UH, UDC UPDATE IN JULY OF 2021.
IN JUNE OF 2020, SITE B WAS ZONED, UH, B TWO, UH, HIGHWAY COMMERCIAL, UH, TXDOT, UH, WAS THE APPLICANT.
AND, UH, IN 2021, AS PART OF THAT SAME ACTION, UH, THAT REASSIGNED THE MAIN SITE, UH, THIS SITE WAS INADVERTENTLY LEFT OFF AND DID NOT ASSIGN A ZONING DISTRICT TO THE SITE.
SO THE CURRENT ZONING TODAY IS B TWO.
IT'S IMPORTANT TO NOTE THAT TONIGHT, UH, THIS ACTION IS, IS CLARIFICATION AND THE PROJECT CAN MOVE FORWARD UNDER EITHER ZONING DISTRICT BECAUSE IT DOES HAVE ZONING, UH, CORRECT NARROW MISSION.
AS I MENTIONED, UH, THE COMMISSIONS IS CHARGED TO ASSIGN A DISTRICT THAT IS MOST COMPARABLE TO THE B TWO HIGHWAY COMMERCIAL DISTRICT.
AND THIS ACTION TONIGHT HAS NO, UH, IMPACT ON SITE A WHERE THE, UH, SITE, WHERE THE BUILDING WILL BE.
UH, HOW DO WE GET TO THIS, UH, SECTION? I THINK THERE'S A NUMBER OF THINGS, UH, TO, UH, TAKE INTO CONSIDERATION FOR THE COMMISSION AND THEIR RECOMMENDATION TO THE COUNCIL.
ONE IS, IF YOU LOOK AT ALL THE ZONING ALONG IH 10, UH, IT IS EITHER C3 OR C FOUR.
UH, WE HAVE, WE DO HAVE FOUR COMMERCIAL ZONING DISTRICTS.
UH, ONE IS THE C ONE NEIGHBORHOOD COMMERCIAL THAT'S DESIGNED TO DO, UH, SERVE NEIGHBORHOOD USES.
[01:05:01]
COMMUNITY AND REGIONAL COMMERCIAL.I'LL GO OVER PERMITTED USES AND DEVELOPMENT STANDARDS IN A MINUTE.
UH, THE PROPERTY WAS SITE A, UH, WAS PREVIOUSLY B TWO, AND IT WAS ASSIGNED C3 AS PART OF THE, UH, ACTION IN 2021, WHICH WOULD MEAN C3 HERE WOULD BE CONSISTENT.
UH, HERE IS, UH, THIS WAS INCLUDING YOUR PACKET.
UH, HERE IS THE, UH, COMPARISON OF THE DISTRICTS.
I DID NOT DO C ONE, OBVIOUSLY, BECAUSE THAT'S A NEIGHBORHOOD DISTRICT AND IS NOT CONSISTENT WITH THE AUTO ORIENTED LAND USE DESIGNATION.
UH, IF YOU LOOK AT B TWO, UH, SOME OF THE KEY THINGS HERE, UH, PRINCIPAL ARTERIAL STREETS LOCATED ALONG PRINCIPAL ARTERIAL STREETS, IF YOU CRAWL, B TWO WAS OUR, UH, WAS THE, UH, ZONING DISTRICT, COMMERCIAL ZONING DISTRICT THAT IS USED THE MOST, UH, GENERAL RETAIL, UH, LARGE SCALE REGIONAL BUSINESSES, UH, AND SO FORTH.
UH, IF YOU LOOK AT C TWO, IT'S MORE OF THE AREA BETWEEN THAT TRANSITION BETWEEN, UH, RESIDENTIAL AND, AND COMMERCIAL AREAS.
UH, C3 COMMUNITY COMMERCIAL IS TO ACCOMMODATE COMMERCIAL USES THAT HAVE LOWER TRANSPORTATION DEMAND THAN A C FOUR DISTRICT.
UH, SOME COULD ARGUE C FOUR MAY BE APPLICABLE HERE.
UH, COMMERCIAL PROPERTIES ALONG ARTERIALS AND OTHER HIGHWAYS, UH, OF THE CITY OTHER THAN INTERSTATE 10 87, 46 SHOULD BE GENERALLY DESIGNATED AS COMMUNITY COMMERCIAL.
UM, ADJOINING A NEIGHBORHOOD, UH, THIS PARTICULAR PIECE OF PROPERTY, UH, ADJOINS, AS WE TALKED ABOUT, ADJOINS, THE EXISTING COMMERCIAL DEVELOPMENT, UH, REGIONAL COMMERCIAL INTENDED FOR AREAS ALONG INTERSTATE 10, WHERE YOU HAVE VERY HIGH, UH, TRAFFIC VOLUMES AND SERVE A LARGER REGIONAL AND GENERALLY HAVE LARGER BUILDINGS.
AGAIN, GOING BACK TO OUR EXISTING ZONING MAP, THE MAJORITY OF THE COMMERCIAL PROPERTY ALONG THE IH 10 CORRIDOR IS, UH, ZONED C TWO, I MEAN, EXCUSE ME, C3 OR C FOUR.
YOU CAN SEE AN EXAMPLE OF THE USE OF THE C TWO WHERE YOU HAVE A, UH, HERE, UH, YOU HAVE A, UH, C3 DISTRICT ALONG THE HIGHWAY, AND THEN C TWO, UH, BETWEEN NEIGHBORHOODS HERE.
ANOTHER EXAMPLE WOULD BE HEAR F IN THIS AREA.
UH, IF YOU LOOK AT USES, OBVIOUSLY THIS IS IN ALL THE USES.
UH, THE ONES IN ITALICS, UH, REQUIRED, SUP OR, OR SPECIAL USE PERMIT OR COUN, OR WHAT THEY CALL COUNCIL APPROVAL UNDER THE B TWO DISTRICT, UH, OFFICE BUSINESS PARK, CONVENIENCE STORES, GAS STATIONS RUNNING IH 10 AUTO SALES PARTS, YOU CAN READ THOSE.
UH, TRANSITIONAL, UH, YOU'LL NOTICE THAT THE USES ARE A LITTLE BIT DIFFERENT, A LITTLE LESS INTENSE, UH, THAN WHAT'S IN B TWO.
UH, IF YOU LOOK AT C3, UH, IT SEEMS TO BE CONSISTENT WITH THE B TWO, AND SO DOES C FOUR.
IF YOU LOOK AT, UH, MINIMUM LOT AREAS, UH, THAT'S COMPARISON THERE.
BUILDING HEIGHT ACTUALLY IN B TWO WAS HIGHER.
UH, IN, UH, C3, IT IS 40 FEET, UH, FRONT YARD, OOPS, EXCUSE ME, FRONT YARD SETBACKS, ZERO TO 20 FEET DEPENDING, UH, 10 FOOT, UH, ZERO FEET.
NOW, THIS IS JUST THE BUILDING SETBACK, RIGHT? THIS DOESN'T INCLUDE THE LANDSCAPING AND, AND THE OTHER THINGS THAT ARE REQUIRED.
UH, REAR YARD SETBACKS, UH, RESIDENTIAL SETBACK, AND THEN IMPERVIOUS COVER.
YOU'LL NOTICE THAT C TWO ACTUALLY HAS A LOWER IMPERVIOUS COVER AMOUNT THAN B TWO.
AND, UM, PREVIOUS COVER IS CONSISTENT WITH C3 AND C FOUR IN THE FORMER B TWO, UH, C3 DISTRICT IS CONSISTENT WITH THE AUTO ORIENTED LAND USE DESIGNATION.
UH, IN OUR COMPREHENSIVE MASTER PLAN, THE C3 DISTRICT ALIGNS WITH THE INTENT, UH, PERMITTED USES AND DEVELOPMENT STANDARDS OF THE RETIRED B TWO DISTRICT.
UH, IT'LL RESULT IN COMPATIBLE LAND USE RELATIONSHIP, AND IT WAS USED TO REPLACE, UH, THE B TWO IN THE SURROUNDING AREA.
WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE AT THIS TIME.
UH, MR. CRAN, COULD YOU GO INTO THE OVERLAY DISTRICT REQUIREMENTS? BECAUSE THIS IS IN THE SCENIC INTERSTATE OVERLAY DISTRICT? THE OVER, EXACTLY.
AND THE, UH, OVERLAY DISTRICT APPLIES EITHER WAY.
BUT LIKE WITH RESPECT TO BUILDING HEIGHT, THOUGH, IT SHOWS C TWO BUILDING HEIGHT'S DIFFERENT.
I'LL HAVE TO LOOK IT UP FOR YOU, BUT IT'S DIFFERENT.
YEAH, I THINK IT'S IMPORTANT INFORMATION FOR US TO KNOW, BECAUSE WHAT THE RESTRICTIONS IN ADDITION TO WHAT YOU SHOW ON THIS SLIDE, UH, WHAT THEY ARE.
[01:10:01]
RIGHT.I'LL GET THAT FOR YOU IN A SECOND.
ANY OTHER QUESTIONS, MR? YEAH.
THE FIRST QUESTION OF THE NIGHT FROM MR. MATHIS WAS ABOUT THE NINE ACRES.
I KNOW IT DOESN'T APPLY TO THIS SPECIFICALLY, OR IT MIGHT, I DON'T KNOW IF WE TRULY KNOW WHETHER IT DOES OR NOT.
HOW WOULD THAT, I GUESS, DEDICATION BE ZONED? IT'S C3.
AND IS IT BEING DEDICATED TO THE CITY? YES, SIR.
THE TOTAL NINE ACRES, UM, OKAY, SO IT'LL BE GREEN SPACE.
IT WILL BE, SO IF IT'S DEDICATED TO THE CITY, WHY WOULD IT NOT HAVE LIKE A CIV ZONING VERSUS A C3? WELL, YOU HAVE TO RECALL, WE DON'T HAVE THE PROPERTY YET.
AND SO THAT'S NOT SOMETHING THAT WE CAN CHANGE CURRENTLY.
UM, IT, IT'S ALONG THIS BOUNDARY.
IF THE COMMISSION WANTS TO, AFTER THE PROPERTY'S ACTUALLY THE PLATT'S RECORDED AND THE PROPERTY IS AT CITIES, THEN THAT'S SOMETHING WE CAN LOOK AT.
IS THAT INTENTION DEFINED PERHAPS IN THE, THE, THE DEVELOPMENT AGREEMENT? IS THAT INTENTION, THE INTENTION OF TO RE TO ZONING, ZONING IT DIFFERENTLY TO REZONE IT? I DON'T BELIEVE SO.
UM, THAT'S THE ONLY QUESTION I HAVE FOR THE MOMENT.
COMMISSIONER FRIAR, I DO HAVE A QUESTION.
I'M TRYING TO FIGURE OUT HOW TO PHRASE THIS APPROPRIATELY WITH C ONE NOT BEING INCLUDED IN THE RECOMMENDATION.
AND OUR, IN THE GRAPH THAT YOU JUST SHOWED, I FIND IT A LITTLE UNCOMFORTABLE TO SIT UP HERE AND LOOK AT OUR FRIENDS AND NEIGHBORS REGENT PARK AND IF BUCKY'S TO SAY THAT THIS ISN'T A NEIGHBORHOOD COMMERCIAL TYPE SITUATION.
AND I GO BACK TO 'EM AS, AS YOU'RE TELLING US THIS, I'M GOING BACK TO THE MONTHS, I THINK SIX PLUS MONTHS THAT WE TALKED ABOUT, UM, THE RE PROJECT AND HOW WELL THEY WORKED WITH THE, THE NEIGHBORS AND THE, THE NEIGHBORHOODS UP THERE.
AND I FEEL LIKE IT IS SUPER IMPORTANT TO RECOGNIZE THAT THAT ZONING IS AVAILABLE.
AND I'M STILL NOT CLEAR AFTER LAST MONTH'S MEETING THAT WE DO HAVE THE ABILITY TO DOWN ZONE THE PROPERTY FROM C3 TO SOMETHING ELSE.
SO YOU HAD, BUT IT WAS INDICATED THAT WAS A DIFFERENT PROCESS, SO YOU HAD NO, IS PART OF YOUR RECOMMENDATION.
THE RESPONSIBILITY OF THE COMMISSION IS TO MAKE A RECOMMENDATION OF THE ZONING DISTRICT THAT THEY BELIEVE IS APPROPRIATE FOR THIS 5.15 ACRES.
IT DOES NOT AFFECT SITE A ONLY AFFECTS SITE B, RIGHT? IT'S SURROUNDED BY C3 ON ALL, OR I TWO ON ALL SIDES.
UM, IT, THE PROPERTY ADJACENT WAS GIVEN TO C3 AFTER A VERY LONG EXTENSIVE UDC PROCESS AND REZONING PROCESS.
SO, UH, AT THAT POINT, THEY FELT THE PRO IT WAS APPROPRIATE TO BE C3 AS JUST AN OVERSIGHT THAT THEY DIDN'T INCLUDE THIS PROPERTY.
AND I WOULD, I WOULD A HUNDRED PERCENT AGREE WITH THAT, EXCEPT WE'RE TALKING ABOUT A MASSIVE PROJECT WITH MASSIVE TRAFFIC IMPACTS THAT WE'VE HEARD TONIGHT.
I MEAN, IT'S, IT'S, IT'S MASSIVE.
AND SO I JUST, I, I THINK WE ALL NEED TO MAKE SURE WE UNDERSTAND THAT OUR OPTIONS ARE, THERE ARE OPTIONS AVAILABLE TO BE MORE RESTRICTIVE AND PUT THE LEAST AMOUNT OF TRAFFIC IMPACT ON THIS, THIS FIVE ACRES.
SO I'M NOT SURE IF THAT WAS A QUESTION OR A STATEMENT, BUT I'D LIKE TO RESPOND.
UH, BUT WHILE I ABSOLUTELY EMPATHIZE WITH WHAT YOU'RE SAYING, WERE THIS ACTUALLY JOINING THE NEIGHBORHOOD, I COULD BE IN COMPLETE AGREEMENT WITH YOU, BUT TO PUT A C ONE ISLAND SURROUNDED BY C3 AND INDUSTRIAL, I DON'T KNOW THAT THAT REALLY MAKES SENSE.
I THINK THAT'S MAYBE A LITTLE CHECK MARK IN A WIND COLUMN FOR US, BUT I DON'T KNOW THAT IT CHANGES ANYTHING.
I, I, I WOULD HAVE A HARD TIME SUPPORTING MAKING THAT C ONE WHEN IT'S COMPLETELY SURROUNDED BY C3 AND WHEN IT DOES NOT BUTT UP AGAINST THE NEIGHBORHOOD.
SO THAT'S JUST MY OPINION ON THAT.
MR. TRUMAN? YES, MR. HUNT? UM, YOU KNOW, I'M KIND OF TAKING A WALK DOWN MEMORY LANE TO 60 DAYS AGO, BUT WE COULD BE DISCUSSING THIS 90 DAYS AGO, BUT MM-HMM
IF YOU RECALL THE, THE INTERACTION, UM, WE DECIDED ON 60.
[01:15:01]
THOUGHT WE WOULD BE TO THE POINT WHERE WE'RE AT TODAY.IN FACT, I DIDN'T THINK THAT BUCKY'S WOULD MAKE THE CONCESSIONS THAT THEY DID, WHICH WE'RE EXTREMELY THANKFUL FOR.
THE INTENT OF THE TABLING WAS TO UNDERSTAND A SLEW OF INFORMATION THAT WAS COMING TO US FROM A LIVING, BREATHING DOCUMENT THAT THE CITY STAFF WAS PUTTING TOGETHER AS A TOOL FOR US TO USE, AND ALSO THE CITIZENS.
AND WHENEVER I SAW THE CITY COUNCIL MEETING LAST MONDAY AND THE CONCESSIONS WERE REVEALED, I WAS, I COULD DO NOTHING BUT REFLECT BACK ON WHERE DID THIS COME FROM.
AND WHAT, FINALLY, AFTER NUMBERS OF YEARS DID BUCKY'S DECIDE TO, TO MAKE THESE CONCESSIONS? WHAT COULD BE PERCEIVED? AT THE LAST MOMENT TUESDAY MORNING, I RECEIVED A PHONE CALL FROM THE MAYOR TO DISCUSS WITH ME, AND I DON'T KNOW IF ANYBODY ELSE GOT THAT COMMUNICATION, BUT TO SHARE WITH ME AND DISCUSS WITH ME ALL THE CONCESSIONS THAT BUCKY'S HAD MADE AND TO TALK THROUGH THEM WITH ME.
AND ONE THING THAT HE CONTINUED TO, TO SHARE WITH ME IS THAT THERE WERE STILL A FEW DETAILS THAT NEEDED TO BE IRONED OUT OR NEEDED TO BE, UH, TO DISCUSS AND PUT PEN TO PAPER.
AND I HEARD THAT VERY LOUD AND CLEAR FROM HIM SEVERAL TIMES.
AND WE DIDN'T GET INTO A LOT OF THE DETAILS, BUT I DID ASK HIM IF I COULD SEE THE DEVELOPMENT AGREEMENT, AND HE LET ME KNOW THAT IT WASN'T FINALIZING, WASN'T SURE ABOUT THAT.
AND I DON'T KNOW IF ANYBODY HAS SEEN THE DEVELOPMENT AGREEMENT.
BUT MY GUT TELLS ME AT THIS MOMENT, LIKE, IT, IT, WHETHER IT'S TRUE OR NOT, I DON'T KNOW.
AND IN GOOD FAITH, WE GIVE THIS SOME MORE TIME, FIRST FOR THE DEVELOPMENT AGREEMENT TO GET FINALIZED, AND IT WILL HAVE TO BE FILED WITH A STATE COMPTROLLER WHERE WE GET A CHANCE TO REVIEW IT, AND WE TRULY KNOW WHAT WE HAVE.
I ASSUME THERE'LL BE MORE OPPORTUNITY FOR THE TIA TO BE DISCUSSED OR SHARED.
I'VE NOT SEEN THE TIA UNLESS I'VE MISSED IT SOMEWHERE.
BUT THAT MIGHT GIVE EVERYBODY SOME MORE CLARITY AS WELL.
AND I WOULD CONSIDER, AND I, AND I TAKE IT TO HEART, THE KICKING THE CAN DOWN THE ROAD.
I'M NOT THAT KIND OF PERSON, BUT I DIDN'T EXPECT TO SEE THE PROGRESS.
BUT THERE'S ALSO NOT ANY CERTAINTY THAT IF THERE HAVE BEEN THESE CONCESSIONS MADE, THAT THE DEVELOPMENT AGREEMENT HAS TO BE SIGNED EITHER.
AND SO I DON'T KNOW IF OUR TABLING 60 DAYS AGO HAD ANY INFLUENCE OVER THAT.
BUT BECAUSE I'M VERY GRATEFUL FOR THE CONCESSIONS THAT HAVE BEEN MADE, I, I WANNA SEE THAT THROUGH AND ACTUALLY SEE WHAT THEY LOOK LIKE OTHER THAN JUST SOME BULLET POINTS ON A POWERPOINT SLIDE.
WHILE I WHOLEHEARTEDLY BELIEVE THAT THOSE ARE THE PRIMARY BULLET POINTS, THERE COULD BE SOME MODIFICATIONS OR CHANGES THAT MAKE US FEEL EVEN MORE COMFORTABLE IN, IN APPROVING THIS OR, OR AN OPPORTUNITY TO ASK QUESTIONS.
BECAUSE ONCE WE APPROVE THIS OR DENY IT, IT STILL GOES TO CITY COUNCIL AS A RECOMMENDATION.
THAT'S NOT, IT'S A RECOMMENDATION.
IT'S NOT WHAT THEY MAY DECIDE ON.
THANK YOU, COMMISSIONER HOWER.
ANY OTHER COMMENTS OR QUESTIONS? COMMISSIONER SENIO QUESTION, HOW LONG CAN WE DEFER THIS? IS THERE A LIMIT TO HOW FAR WE KICK IT DOWN THE ROAD? THERE ISN'T A TIME LIMIT, MR. MCCAMEY, WOULD YOU? NO, UH, THERE'S NO TIME LIMIT FOR WHEN YOU, WELL, LET'S SEE.
I THINK THERE ACTUALLY IS A TIME LIMIT.
UM, WAS IT 45 DAYS, I BELIEVE, AFTER THE PUBLIC HEARING FOR YOU TO MAKE A RECOMMENDATION TO FORWARD TO CITY COUNCIL.
BUT I, I WANT TO REITERATE THAT NOTHING YOU DO IN YOUR RECOMMENDATION AFFECTS ANYTHING WITH THE BUCK BUCKYS PROJECT AT ALL.
THEY HAVE ZONING AND THEY, NOTHING IS DELAYED BECAUSE OF YOUR RECOMMENDATION ONE WAY OR THE OTHER.
SO IT'S REALLY UP TO YOU ON WHEN TO ACT IF YOU DON'T MAKE A RECOMMENDATION.
UM, AND I BELIEVE THAT 45 DAYS WAS ADDED WHEN WE AMENDED THE UDCA FEW YEARS AGO.
UM, THEN IT, THE MATTER ACTUALLY DOES GO TO THE CITY COUNCIL WITH NO RECOMMENDATION.
SO THAT'S THE FIRST TIME I'VE HEARD ABOUT THE 45 DAYS AFTER THE PUBLIC HEARING.
IT ACTUALLY, IT WAS STATED AT THE NIGHT OF THE PUBLIC HEARING AS WELL.
SO COUNSEL COULD HAVE TAKEN IT UP ALREADY, RIGHT? I MEAN, UM, WHAT I WANNA HEAR FROM THE COMMISSIONERS
[01:20:01]
HAVE ANY THOUGHTS, COMMISSIONER KATES, I, I, I THINK MY OPINION IS THAT WE ACCOMPLISHED WHAT NEEDED TO BE ACCOMPLISHED WITH A DELAY.LIKE I SAID, THEY CAN DO WHAT THEY WANT TO WITH A B TWO, THEY CAN DO WHAT THEY WANT TO WITH A C ONE, THEY CAN DO WHAT THEY WANT TO WITH A C3, IT IS JUST A MATTER OF US DOING THE RIGHT THING, WHICH IS, IF IT WAS ANYTHING ELSE, AND WE HAD THIS FIVE ACRE TRACK ON I 10 SURROUNDED BY C3, WE WOULD ZONE IT C3.
AND SO, UH, I DON'T KNOW THAT WE SERVE OURSELVES BY KIND OF TRYING TO MAKE A STATEMENT THAT, UH, WE, WE MADE A C ONE, BUT IT DIDN'T CHANGE A THING.
SO MY RECOMMENDATION IS LET'S NOT KICK THE CAN DOWN THE ROAD.
LET'S GIVE 'EM THE C3 ZONING BECAUSE IT DOESN'T JOIN THE NEIGHBORHOOD AND, AND LET CITY COUNCIL DO WHAT THEY CAN DO AND APPRECIATE WHAT THEY'VE DONE OVER THE PAST 60 DAYS.
OKAY, MR. BUR? UM, YEAH, I KIND OF, I MEAN, THIS HAS REALLY TAKEN UP A LOT OF, OF, HAS TAKEN A LOT OF THOUGHT, BUT I THINK I HAD MENTIONED IN, IN THE FIRST MEETING THAT WHAT WE'RE REALLY DEALING WITH IS, UH, AN OVERSIGHT ON A ZONING ISSUE.
UH, AND, UH, YOU KNOW, ALIGNING THE B TWO WITH THE CURRENT ZONING THAT MAKES SENSE, WHICH WOULD BE PROBABLY C3.
BUT I REALLY THINK THAT WHAT'S, WHAT'S HAPPENED IS, UM, THAT THIS IS, WE'VE CREATED THIS PLATFORM FOR THE COMMUNITY TO BE HEARD TO, TO VOICE THEIR CONCERNS.
AND SO, WHILE I WOULD SAY I THINK WE NEED TO, UH, ADDRESS A ZONING ISSUE, WHICH IS WHAT'S IN FRONT OF US, UH, AND BUCKY'S CAN CONTINUE, WHETHER WE DO OR NOT, THEY CAN CONTINUE TO DO WHAT THEY'RE DOING.
BUT I WOULD ENCOURAGE THE COMMUNITY TO, UH, KEEP ASKING, KEEP MAKING NOISE, UM, GET IN FRONT OF THE RIGHT PEOPLE.
AND IT'S, SO FAR, IT'S WORKING.
AND, UM, THE COMMUNITY AND, AND YOU GUYS SHOULD BE EXTREMELY PROUD OF THE PROGRESS THAT'S BEEN MADE.
'CAUSE I, I WAS REALLY SURPRISED, REALLY SURPRISED THAT, UH, THE CONCESSIONS THAT WERE MADE, AND I THINK THERE'S PROBABLY STILL SOME MORE LEFT.
BUT I DON'T THINK HOLDING UP THE ZONING PORTION OF THIS FIVE ACRES IS, IS GONNA MAKE ANY DIFFERENCE.
I, I THINK WHAT'S GONNA MAKE A DIFFERENCE IS THAT THE FOLKS THAT HAVE SHOWN UP TO, UH, TO EXPRESS THEIR CONCERNS, CONTINUE TO EXPRESS THEIR CONCERNS, CONTINUE TO HOLD, UM, YOUR CITY AND ELECTED OFFICIALS IN THIS BOARD, UM, TO BE RESPONSIBLE TO, UH, TO SEE THE MATTER THROUGH AS BEST WE CAN.
SO I WOULD SAY, I WOULD, UH, AGREE WITH, UH, WITH BOB ON.
UM, WELL, HERE ARE MY THOUGHTS.
AND IN FACT, COMMISSIONER BIRD, I THINK YOU TERMED IT, PUMPING THE BRAKES BACK ON SEPTEMBER 8TH AND PUMPING THE BRAKES AND, AND THIS BODY'S PRONOUNCEMENT THAT THE DEAL TERMS OF THE DEVELOPMENT AGREEMENT HAD CHANGED, GOT BUCKY'S ATTENTION.
I THINK THERE'S NO QUESTION ABOUT IT.
I WAS AT A MEETING WITH, WITH DANA MATHIS AND I, ANGIE PATTON, UM, BACK BEFORE THE SEPTEMBER 8TH MEETING, AND IT WAS SOLD THEN BY THE COUNCILMAN IN ATTENDANCE THAT BUCKY'S HAD DONE.
ALL THEY WERE GONNA DO, THEY WERE DONE NEGOTIATING.
AND HE HAD AN EMAIL THAT THAT SAID THAT FROM BUCKY'S.
BUT CLEARLY, YOU KNOW, PUMPING THE BRAKES WORKED AND THE PRONOUNCEMENT THAT THE DEAL TERMS HAD CHANGED, WORKED.
UM, YOU LOOK AT THIS MAP AND YOU SEE C3 ALL OVER THE PLACE THAT WOULD SEE THAT THAT WOULD BE THE LOGICAL THING TO DO.
UM, I AM CONCERNED ABOUT ONE THING.
ONE IS, WELL, TWO THINGS ACTUALLY.
THE FIRST IS, YES, WE SEEM TO HAVE AN AGREEMENT ON AMENDMENTS, BUT NOTHING'S BEEN SIGNED.
AND BEING A DEAL LAWYER, I KNOW IT'S NOT OFFICIAL UNTIL IT'S SIGNED.
NOW, I GUESS WE COULD TAKE, UM, BUCKY'S AND THE CITY COUNCIL, BOTH THAT, THAT THERE WERE IN GOOD FAITH THAT WHAT WAS ANNOUNCED LAST MONDAY NIGHT WILL ACTUALLY BE SIGNED.
THE SECOND CONCERN I HAVE, FRANKLY, IS, YOU KNOW, WE'VE HEARD A LOT OF CONSTERNATION, I THINK IS A FAIR TERM, CONSTERNATION IN THE COMMUNITY.
CERTAINLY THE PERCEPTION OF A LACK OF TRANSPARENCY ABOUT THIS WHOLE MATTER FROM THE GET GO BACK IN 2016 TO TODAY, THERE'S BEEN THE CONCERN,
[01:25:01]
AND MANY HAVE PERCEIVED IT TO BE, UM, LESS THAN TRANSPARENT.AND SO WHEN I WENT THROUGH THE AGENDA PACKET THIS WEEKEND, WHEN WE'VE GOT 10 DIFFERENT ATTACHMENTS FOR THE BUCKY'S MATTER, ALMOST A HUNDRED PAGES WORTH OF STUFF, AND I WENT THROUGH EVERY SINGLE PAGE, I WAS SURPRISED NOT TO FIND SOMETHING ON WHAT THOSE AMENDMENTS WERE, BECAUSE WE'VE GOT THE DEVELOPMENT AGREEMENT, WE'VE GOT FUTURE LAND USE, ZONING, ENVIRONMENTAL, EVERYTHING YOU COULD POSSIBLY THINK OF EXCEPT AN OUTLINE OF WHAT THE AMENDMENTS WERE OR PROPOSED AMENDMENTS WERE.
SO THIS MORNING I EMAILED MR. CRANE, MS. STARK, I SAID, HEY, LOOK, I'D LIKE TO GET A PRESENTATION ON WHAT THE AMENDMENTS ARE.
AND THE RESPONSE I GOT BACK, FRANKLY, WAS DISHEARTENING, AND I DON'T NORMALLY DO THIS, BUT I'M GONNA READ THIS VERBATIM.
I REQUESTED, WE HAVE A PRESENTATION ON THE PROPOSED AMENDMENTS THIS EVENING, THAT THAT REQUEST WAS TURNED DOWN BY CITY STAFF.
AND THIS IS WHAT THEY SAID IN THE EMAIL QUOTE, SINCE LAST WEEK'S COUNCIL MEETING WAS BROADCAST ON FB LIVE, AND THE VIDEO IS AVAILABLE ON THE WEBSITE, ANY P AND Z MEMBER WHO WANTED TO WATCH HAS HAD THAT OPPORTUNITY.
ALSO, THERE WERE NUMEROUS ARTICLES PUBLISHED BY LOCAL NEWS OUTLETS, AND I'VE ATTACHED A LINK TO OUR BERNIE NEWS ARTICLE BELOW.
WE'RE ALL APPOINTED BY THE CITY COUNCIL.
WE ASK FOR INFORMATION, AND WE'RE TOLD, YOU SHOULD HAVE WATCHED LAST MONDAY'S MEETING, OR GO LOOK AT THE MY BERNIE NEWS LINK.
UM, THAT'S NOT THE WAY INFORMATION SHOULD BE PRESENTED TO APPOINTED BODIES LIKE THIS.
AND I DON'T THINK REASONABLE PEOPLE WOULD DISAGREE WITH THAT.
AND THAT REALLY DISAPPOINTS ME.
UM, I DUNNO WHAT ELSE TO SAY, UM, BUT, UH, I'M, I'M DISAPPOINTED.
I DON'T KNOW WHAT THIS BODY'S GONNA DO TONIGHT WITH THIS, BUT I WOULD HOPE IN THE FUTURE, AND MY TENURE WAS UP IN SIX MONTHS, BUT I WOULD HOPE THAT WHEN A FUTURE CHAIRMAN OR ANY MEMBER OF THIS COMMISSION ASK FOR INFORMATION TO MAKE A BETTER INFORMED DECISION, THAT THE ANSWER NEXT TIME IS DIFFERENT THAN THE ANSWER I WAS GIVEN SIX HOURS AFTER I EMAILED THAT REQUEST THIS MORNING.
IS THERE A MOTION? OH, CHAIRMAN, UH, MR. MR CO I'M ON THE LIST THERE.
DID YOU WANNA SPEAK AGAIN? YES.
TURN OFF YOUR, UH, YOUR MOMENTUM THERE.
DO YOU HAVE PUBLIC MEETING? THERE IS NO PUBLIC HEARING.
YEAH, YOU GUYS JUMPED AHEAD TO THE DISCUSSION AND I WASN'T, UH, I, I DIDN'T STOP YOU THEN.
UH, UH, SOME INTERESTING TRIVIA, UH, SIENNA COURT, UH, UH, UH, COTTAGES AND, UH, UH, THIS BUCKY'S, UH, ORIGINAL BUCKY'S, UH, DEVELOPMENT AGREEMENT THERE CHRONOLOGICALLY LINKED BACK TO 2016.
ACTUALLY, UH, SIENNA, UH, WASN'T, UH, YOU KNOW, DIDN'T START IN 2018.
WE GOT SOME INITIAL APPROVALS BACK IN 2016.
WE ALSO HAD THOSE 17, THOSE APARTMENTS IN THE, UH, UH, FLOOD ZONE, THE FLOODPLAIN AT, UH, 17 HF.
THEY, UH, THEY WERE ALSO INITIALLY APPROVED IN 2016.
ANYWAY, JUST A LITTLE COMMENTARY THERE.
UM, SO GETTING BACK TO THE, UH, ITEM AT HAND, THIS, UH, THIS QUOTE, UNQUOTE FORMER TCO TXDOT SURPLUS PROPERTY THAT'S NOW BEING TECHNICALLY REZONED.
I'M JUST CURIOUS, WHEN I'M LOOKING AT THE TIA AND I'M SEEING THE, THE, THE REVISION NUMBER THREE, I DON'T KNOW HOW OLD THAT ONE WAS.
UM, I'M SEEING SOUTH MAINE SLASH US 87 FLOWING ACROSS THE BRIDGE AND INTO THE PROPERTY THROUGH THIS SUR FORMER SURPLUS PROPERTY.
AND THEN TO THE BACK OF, UH, SITE NUMBER A AND THEN POINTING TOWARDS THE, UH, WESTERN PERIMETER OF REGENT PARKS.
AND I'M THINKING TO MYSELF, UH OH.
UM, THERE'S THAT DOTTED LINE ALONG THE WESTERN PERIMETER OF REGENT PARK THAT'S IN THE BERNIE THOROUGHFARE PLAN.
I'M WONDERING IF THIS TECHNICAL, UH, REZONING TRIGGERS SOME HAND GRENADES AND LANDMINES IN THE BERNIE THOROUGHFARE PLAN.
AND, UM, DO THE PEOPLE IN REGENT PARK KNOW THAT CONCEIVABLY, ONCE THIS IS, UH, REZONED, UH, THAT, UH, THE CITY COULD GET SOME MOMENTUM HERE TO CONTINUE WITH A, UH, A BACKDOOR ROAD TO THE SCENIC LOOP THAT, UH, YOU KNOW, SOME PEOPLE AT REGION PARK, UH, ARE UNAWARE OF.
'CAUSE USUALLY THE REALTORS DON'T TELL THEM ANYTHING WHEN THEY BUY PROPERTY AROUND HERE.
SO, UH, JUST SOMETHING TO CONSIDER.
WHAT IS THE IMPACT ON THE BERNIE
[01:30:01]
THOROUGHFARE PLAN HERE OF THIS, UH, I'M CALLING IT SOUTH MAIN EXTENSION ROAD.SO ANYONE ELSE WHO WANTS TO COME FORWARD? MS. PATTON? THANK YOU.
I JUST FEEL COMPELLED, AND I GUESS MY COMMENTS ARE MORE DIRECTED AT BERNIE CITIZENS RIGHT NOW.
UH, AS WE'VE WATCHED THIS PROCESS, WE'VE BEEN INVOLVED IN OUR GROUP FOR THE PAST FEW MONTHS.
THIS PROJECT STARTED SOME 10 YEARS AGO.
IT SEEMS TO ME, AND I DON'T THINK I'M ALONE IN FEELING THIS, THAT THE ATTITUDE ON THE CITY SIDE, AND I'M TALKING TO STAFF, AND THIS IS NOTHING PERSONAL.
I DON'T KNOW YOU ALL
HEARING YOUR COMMENTS ABOUT WHAT YOU WERE TOLD HOLD WHEN YOU, AS YOU SAID, VOLUNTEER.
YOU GUYS SPEND SO MUCH TIME GETTING READY FOR THESE MEETINGS AND STUDYING AND WHATNOT.
AND IF THEY'LL TREAT YOU LIKE THAT, I'M CONCERNED ABOUT WHAT'S NOT BEING SAID TO THE CITIZENS.
SO WITH THAT BEING SAID, YOU GUYS HAVE A MOTION TO DO, YOU'LL DO WHAT YOU'RE GOING TO DO AS THE CITY HAS TOLD YOU, YOU KNOW, IT DOESN'T MEAN MUCH, BUT THAT TELLS ME THE CITY'S NOT REALLY FIGHTING FOR BERNIE.
IT IS DOING WHAT THE AGENDA IS.
AND THE MOTION FORWARD HAS BEEN THIS LAST 10 YEARS.
SO I WANNA URGE THE CITIZENS OF BERNIE TO PAY ATTENTION TO THIS, TO STAY ON THE COUNCIL ABOUT THIS AGREEMENT.
WE NEED TO SEE THE DETAILS IN THE REVISED EDA OR THE AMENDMENTS THAT COME OUT OF THAT, BECAUSE THE DEVIL IS ALWAYS IN THE DETAILS.
ONE SMALL MINUTIAE IN THAT WHOLE THING WAS THE SIGN HYPE.
IF A LEGAL ATTORNEY COULD LOOK AT THAT AND TELL YOU THAT SIGN PERMIT HAD EXPIRED, YET THE CITY IS INTENT ON MOVING FORWARD WITH IT.
THAT'S JUST ONE OF THE ITEMS. VESTED RIGHTS IS ANOTHER.
THERE ARE LOTS OF LEGAL BRAINS THAT WILL ARGUE AN OPPOSITE SIDE THAN THE SIDE THE CITY'S TAKING.
I JUST FEEL LIKE I HAVE TO SAY THAT I, I COULDN'T SIT BACK THERE AND HEAR WHAT, HOW YOU ALL WERE TREATED, UH, FROM THE CITY, OUR OWN CITY.
SO I JUST WANNA URGE CITIZENS TO PLEASE STAY INVOLVED IN THIS.
WE NEED TO SEE WHAT THOSE AMENDMENTS ARE.
IT'S ONE THING TO SAY, YOU KNOW, WE'VE AGREED TO THIS, WE'VE AGREED TO THAT.
WE WANNA SEE IT IN WRITING THIS TIME.
IT NEEDS TO BE IN A PUBLIC FORUM.
IT NEEDS TO BE IN A PUBLIC SETTING.
AND MEMBERS OF THE COMMUNITY NEED TO HAVE THE ABILITY TO COMMENT ON IT BEFORE ANY VOTES ARE TAKEN AND ANY ACTION IS MADE.
THIS IS GOING TO HAVE IMPLICATIONS FOR GENERATIONS TO COME, POTENTIALLY.
SO, I'M SORRY I HAD TO SPEAK MY PIECE ABOUT THAT.
THANK YOU ALL FOR THE WORK YOU DO.
ANYONE ELSE WHO'D LIKE TO COME DOWN AND SPEAK ON THIS ITEM FIVE A, PLEASE DO SO.
UM, I DO WANNA SAY THANK YOU, UM, TO WHOMEVER PUT TOGETHER ALL THE AGENDA ITEMS AND STUFF ON THE WEBSITE.
UM, IN WEEKS AND MONTHS PAST, WHENEVER WE HAVE BEEN LOOKING AT THE, AT THE AGENDA, IT WILL SAY LIKE THE ECONOMIC DEVELOPMENT AGREEMENT, BUT WE NEVER KNOW WHAT THAT ACTUALLY MEANS.
AND SO AT THE LAST CITY COUNCIL MEETING, AND AT THIS MEETING, IT WAS ACTUALLY SAID IN PARENTHESES, THANK YOU GUYS.
THAT IS PART OF WHAT WE'RE ASKING OF TRANSPARENCY.
AND WHEN EVERYTHING IS ALWAYS LIKE, WHAT IS IT? ARE WE SUPPOSED TO SHOW UP OR NOT SHOW UP? IT IS VERY DISCONCERTING.
UM, AND THEN I, I'M, I'M WITH THE IDEA OF, OF GETTING EVERYTHING SIGNED AND, AND LEGALLY FINISHED FIRST BECAUSE, UM, AT THE VERY FIRST PLANNING AND ZONING COMMITTEE MEETING THAT, OR COMMISSION MEETING THAT I ATTENDED, I ASKED SOMEONE IN THE HALL, UM, IT WAS NATHAN, UM, WHY WILL BUCKY'S BE AT THE NEXT PLANNING AND ZONING COMMISSION MEETING? LIKE, WHAT IS, WHAT IS THEIR STAKE IN SHOWING UP? AND HE, HE SAID THAT THEY ARE HERE, THEY WANT TO PARTNER WITH THE CITY, AND GUESS WHAT? THEY DIDN'T SHOW UP.
AND THERE'S JUST A GENERAL, LIKE, THEY DON'T WANNA PARTNER WITH US.
THEY WANT TO BE THEM, AND THAT'S IT.
AND SO WHEN IT COMES TO TRAFFIC, WHEN IT COMES TO ZONING, THEY WILL LITERALLY, I KNOW THAT THEY'RE GONNA TAKE ADVANTAGE OF EVERY SQUARE INCH AND THEN SOME.
AND SO I'M WITH, UM, WHAT HE SAID ABOUT HOW DOES THAT AFFECT, UM, FURTHER DOWN THE ROAD, UH, REGENT PARK ASKED WHAT THEY COULD DO ABOUT WHAT'S
[01:35:01]
GONNA BE CUTTING THROUGH THEIR NEIGHBORHOOD.AND THEY WERE TOLD, OH, WELL, THAT'S NOT GONNA BE FOR ANOTHER 10 YEARS.
AND I THOUGHT, WELL, NOBODY KNOWS THAT.
UM, AND SO IT KIND OF PUSHES OFF THE FEAR OR PUSHES OFF THE CONCERN OF CERTAIN PEOPLE FOR ANOTHER 10 YEARS.
AND, BUT RIGHT NOW WHAT YOU'RE DOING DOES ACTUALLY MAKE A DIFFERENCE.
AND I'M JUST GONNA HAVE TO APOLOGIZE.
I'VE EVEN LOOKED OVER STUFF LIKE THIS AND I DON'T UNDERSTAND, UM, ALL OF THE C3 C FOUR AND EVERYTHING, UM, AND WHAT THE RES WHATEVER IS RESTRICTIVE IS HOPEFULLY WHAT WILL HAPPEN.
BECAUSE AS I LOOKED AT C FOUR, IT FEELS LIKE THAT IS WHAT BUCKY'S IS.
THEY ARE NOT A, THEY'RE NOT A CAR DEALERSHIP.
AND EVERYONE KEEPS COMPARING THEM TO, OH, ALL THE CAR DEALERSHIPS, ALL THE GAS STATIONS, AND THEY'RE NOT THEIR FIESTA TEXAS.
AND SO WHATEVER HAPPENS, EVEN FIESTA, TEXAS, IT BACKS UP ACROSS AND IT GOES ALL THE WAY ONTO THE HIGHWAY IN CERTAIN POINTS.
AND THAT'S WHAT WE WILL EXPERIENCE BECAUSE OF EVERYTHING THAT HAS HAPPENED.
AND SO, EXCUSE MY INABILITY TO UNDERSTAND THE C3, C FOUR, C3, TWO, OR ONE, WHATEVER IS MOST RESTRICTIVE, THAT WILL ACTUALLY HELP US TO, TO HAVE A BETTER TRAFFIC SITUATION AND GUARD THOSE PEOPLE IN REGENT PARK.
I, I LITERALLY DREAD WHEN SOMETHING'S GONNA HAPPEN THAT, OH, A CHILD WAS HIT IN THE ROAD, OR, OH, SOME LITTLE KID THAT WAS DR.
RIDING, THEIR BIKE WAS STOLEN FROM A TRANSIENT.
ALL OF THIS IS SO SCARY TO ME.
IT'S NOT DIRECTLY NEXT TO A NEIGHBORHOOD.
IT CAN'T BE MAYBE OFFICIALLY CALLED THAT, BUT, BUT IT IS THERE.
AND SO THE LAST THING I'D LIKE TO JUST SAY IS, I, I AM STILL CONCERNED ABOUT THIS SUPPOSED DEDICATION OF THIS, UM, AREA, THE GREEN BELT.
TRUST ME, I WANT THERE TO BE SPACE BETWEEN US AND BUCKY'S.
BUT TO SAY THAT IT'S BEEN DEDICATED TO THE CITY REALLY PUSHES OFF THE RESPONSIBILITY OF WHAT BUCKY'S IS SUPPOSED TO DO.
HAVE SECURITIES, UM, CAMERAS, HAVE SECURITY SIGNS, HAVE JUST EVERYTHING THAT HELPS SECURE WILDFIRES, SECURE TRANSIES FROM BEING BACK THERE.
NOW THAT'S ON THE CITY BECAUSE THEY, THEY GAVE IT TO US.
WELL, IT'S NOT THAT THAT NICE, IN MY OPINION.
I THINK IT'S ACTUALLY ADDING A PROBLEM TO OUR, OUR CITY.
AND NOW I WILL BE PAYING IN MY TAXES TO HAVE SOMEONE COME CUT THE TREES BACK OR HAVE THE POLICE COME OUT AND, AND GET RID OF, OF TRANSIENTS OR WHATEVER.
SO ANYWAY, I, I APPRECIATE YOUR, YOUR THOUGHTFULNESS A MISS.
ANYONE ELSE WANT TO, MS. PROP MILLER, GO AHEAD.
I JUST WANTED TO TAG ON TO SOMETHING JI SAID ABOUT THE DEVIL BEING IN THE DETAILS EARLIER IN THIS SESSION AND IN OUR PUBLIC COMMENTS.
A QUESTION WAS RAISED ABOUT THE SCENIC INTERSTATE CORRIDOR OVERLOOK REQUIREMENTS.
UM, I THOUGHT THAT QUESTION WAS GOING TO GET ANSWERED.
THAT'S A QUESTION I'D LIKE TO HAVE ANSWERED.
UM, ALL THE WAY BACK TO SEPTEMBER 8TH WHEN THE PARCEL THAT WAS NEEDING TO BE REZONED AS A, AS A RESULT OF AN INADVERTENT ADMISSION WAS 3.9 SOMETHING ACRES.
AND WHEN IT CAME BEFORE YOU ON SEPTEMBER 8TH, IT BECAME 5.155 ACRES.
IT'S A SMALL MATTER, BUT IT'S A DETAIL THAT'S A REASONABLE QUESTION, WHICH I THINK DESERVES A REASONABLE ANSWER.
AND SO I WOULD JUST LIKE TO ENCOURAGE, UM, YOU TO PRESS TO GET ANSWERS TO THOSE QUESTIONS FOR YOURSELVES AND FOR US AS CITIZENS SO THAT WE KNOW WHAT'S BEING AGREED TO, UM, AND THAT WE'RE SURE THAT THE AGREEMENT AND THE CONCESSIONS THAT HAVE BEEN OFFERED DO GET SIGNED.
AND I'VE GOT THAT NOTATION ABOUT THE OVERLAY.
UM, MR. CARROLL, WOULD YOU COME UP, UM, I KNOW THAT I'M CATCHING YOU COLD, BUT I KNOW YOU CAN ANSWER ONE QUESTION THAT WAS RAISED RECENTLY ABOUT WHETHER THIS REZONING TRIGGERS ANYTHING WITH RESPECT TO THE MAJOR THOROUGHFARE PLAN.
IT WON'T, BUT WOULD YOU EXPLAIN WHAT MIGHT, PLEASE EXCUSE ME? UH, YES.
SO THIS ZONING IS AS MR. CRANE TALKED THROUGH AS BEING THE CITY'S CITY SPONSORED ZONING REQUEST.
UM, SO THE TRACK ITSELF IS AN UNDEVELOPED PARCEL, AND IT'S FOR ZONING PURPOSES, IT'S UNDEVELOPED.
WE ALL KNOW IT'S PART OF THE BIGGER PROJECT AS A WHOLE.
UM, IT IS ON THE MAJOR THOROUGHFARE PLAN, AS YOU MENTIONED.
AND SO ONE OF THE PLATS THAT WE'VE SEEN THE BODY HAS SEEN BEFORE IS THE BUCKY'S PLAT THAT HAS THE RIGHT OF WAY DEDICATION.
SO JUST AS TXDOT SOLD PORTIONS TO BUCKY'S,
[01:40:01]
TXDOT ACTUALLY GAVE A PORTION OF RIGHT OF WAY TO THE CITY, AND THAT'S INCLUDED IN THE, THE, THE BLUE AREA THERE.SO THAT IS A CITY RIGHT OF WAY.
IT'LL BE A CITY PUBLIC ROAD, UH, THAT FOLLOWS THE MAJOR THOROUGHFARE PLAN.
UM, THERE ARE MULTIPLE PROPERTIES IN BETWEEN FROM WHERE THE BUCKY'S WAY PROPERTY IS TO FURTHER SOUTH TO THE REGION PARK PROPERTY.
UM, BUT REGION PARK, THE EAST, WEST, AND NORTH SOUTH MAJOR ROADS, THOSE ROADS ARE THERE BECAUSE THOSE WERE ROADS ON THE MAJOR THOROUGHFARE PLAN.
AND THAT NEIGHBORHOOD WAS BUILT IN SUCH A WAY BECAUSE THOSE ROADS WERE ON THE MAJOR THOROUGHFARE PLAN.
UM, SO YES, ONE DAY IT WOULD IN THEORY CONNECT IF THOSE, IF THOSE OTHER PARCELS WERE DEVELOPED ALONG THE WAY, IT WOULD CONNECT THEM.
AND THERE'S NO CURRENT PLAN TO DEVELOP THOSE PARCELS, SO THERE'S NO, NO NEED TO KICK YOU IN ANY MAJOR THOROUGHFARE PLAN, DEDICATION, OTHERWISE IT WON'T HAPPEN.
WE, WE AS A CITY DON'T GO BUILD ROADS.
WE'VE TALKED ABOUT THAT MANY TIMES.
WHEN, WHEN, AND IF PARCELS ARE DEVELOPED, THEN THEY WOULD HAVE TO BUILD THAT ROAD UP.
ASK A QUICK QUESTION, MR. KATES FOR CLARIFICATION.
JUST BECAUSE OF SOME OF THE THINGS THAT CAME UP HERE, WHETHER THIS IS ON C ONE, C TWO, C3, C FOUR, WOULD IT HAVE ANY IMPACT ON THE ROAD DEDICATION OR WHAT ROAD COULD BE BUILT THROUGH THAT FIVE ACRES? IT WOULD NOT, NO.
ANY, ANY TYPE OF DEVELOPMENT WOULD TRIGGER THAT RIGHT OF WAY.
SO THE ZONING WOULD'VE NO IMPACT.
ANY OTHER QUESTIONS? MR. CARROLL? MR. CRANE, WOULD YOU COME BACK AND ANSWER THE QUESTION ABOUT THE OVERLAY? YOU'RE GONNA CHECK ON THAT? YES.
UH, BEFORE I GO, UH, MR. MCKINNEY, YOU WANTED TO MENTION SOMETHING? YEAH, I JUST WANTED TO TELL YOU, UH, THAT THIS AFTERNOON I DID RECEIVE FROM, UH, KRISTI STARK AND NATHAN, UH, UH, YOUR REQUEST TO, FOR HER TO MAKE A PRESENTATION, I THINK TONIGHT ABOUT THE NEW AGREEMENT.
AND I ADVISED HER IT'S NOT ON THE AGENDA, WHICH IT IS NOT.
AND AS YOU KNOW, UH, THIS BODY HAS NO ROLE IN APPROVAL OR RECOMMENDING ON THE DEVELOPMENT AGREEMENTS.
SO ANY COMMENTS YOU MAKE ARE SAME AS PUBLIC COMMENTS.
UH, SO THAT'S WHY IT'S REALLY NOT APPROPRIATE TO HAVE A STAFF PRESENTATION ON SOMETHING LIKE THAT FOR YOU.
UH, THAT'S PRETTY CLEAR UNDER STATE LAW AND OUR ORDINANCES.
SO THAT IS APPROPRIATE, HOWEVER, OF COURSE, FOR THE CITY COUNCIL WHO'S THE SOLE AUTHORITY OVER DEVELOPMENT AGREEMENTS.
WELL, I APPRECIATE THEIR RESPONSE, AND AGAIN, YOU'RE A VERY CAPABLE ATTORNEY, BUT THEY GAVE US THE DEVELOPMENT AGREEMENT.
WHY WOULDN'T THEY GIVE US THE PROPOSED AMENDMENTS? THAT WAS ONLY MY QUESTION.
UM, ANYTHING ELSE? AGAIN, THE, THE COMMISSION HAS NO ROLE IN NEGOTIATING THAT AGREEMENT.
RIGHT? I MEAN, WE ASKED FOR INFORMATION JUST LIKE, JUST LIKE EVERY OTHER MEMBER OF THE PUBLIC.
AND AT THIS POINT, MEMBERS OF THE PUBLIC DO NOT HAVE COPIES OF THE SIGNED AGREEMENT.
BUT A SUMMARY PRESENTATION, OR AT LEAST IF WE'VE GOT THE DA MR. MCCAMEY IN OUR AGENDA PACKET, WHY WOULDN'T WE GET THE PROPOSED AMENDMENTS? THAT WAS MY QUESTION.
IT'S AGAIN, NOT ON YOUR AGENDA AND IT'S NOT SOMETHING APPROPRIATE FOR YOUR AGENDA REGARDING THAT AGREEMENT.
ONLY YOUR AND THE ZONING IS NOT REFERENCED AT ALL IN THE AGREEMENT, AS YOU KNOW.
SO THEN WAS IT A MISTAKE TO PROVIDE US WITH A COPY OF THE DEVELOPMENT AGREEMENT? NO.
YOU CAN HAVE, YOU CAN HAVE COPIES FOR YOUR OWN BENEFIT.
BUT IT'S NOT PART OF YOUR BUSINESS AS A COMMISSION AT ALL.
I'M JUST CURIOUS WHY THEY WOULD SEND IT TO US IF IT WASN'T PART OF OUR REVIEW.
ANY OTHER QUESTIONS? MR. CHAIRMAN, WE'RE PART OF YOUR BUSINESS? YES.
MR. CHAIRMAN, YOU, IF I RECALL CORRECTLY, THAT WAS A REQUEST, UH, BY YOU TO PROVIDE THAT AGREEMENT AS PART OF THE PACKET.
WELL, IF YOU, OKAY, BUT LET, LET FOLLOW UP ON YOUR TO THAT REQUEST.
THANK YOU VERY MUCH FOR THAT CLARIFICATION.
AGAIN, IT WASN'T ON THE AGENDA.
IT'S NOT APPROPRIATE TO BE ON THE AGENDA.
I WASN'T ASKING ABOUT A DISCUSSION OF THE PROPOSED AMENDMENTS.
I WAS ASKING FOR INFORMATION, STRICTLY INFORMATION.
I GET THAT WE CAN'T DISCUSS IT, BUT THAT IS A DELIBERATION IN THE STATE.
AND THAT'S NOT
ANYTHING ELSE COMMENTS, MR. FRIAR? SOME OF THE CIRCLE, CIRCLE BACK HERE.
I AGREE WITH YOU MR. KATES, THAT IT DOESN'T ABUT A NEIGHBORHOOD.
UM, BUT JUST A COUPLE OF OTHER THOUGHTS I HAVE IS THAT IN MY TIME SITTING IN THIS SEAT FOR FOUR YEARS, WE'VE TALKED A LOT AND DONE A REALLY GOOD JOB, I THINK, OF NOT LOOKING AT ONE PIECE OF THE PUZZLE AS IT'S PRESENTED TO US IN ALL OF THE DIFFERENT CONVERSATIONS AND, AND PROJECTS THAT WE GET TO LOOK AT.
AND I, AND I, YOU KNOW, THIS ONE'S NO DIFFERENT.
AND ALTHOUGH ALL OF THE OTHER PARCELS ARE C3, IF WE TAKE THAT SAME APPROACH AND STEP BACK AND SAY, OKAY, WE HAVE A UNIQUE OPPORTUNITY TO LOOK AT THIS NOW.
UM, I DON'T THINK JUST BECAUSE EVERYTHING ELSE IS C3 THAT WE HAVE TO, WE HAVE TO AGREE TO THAT.
[01:45:01]
IF WE DO LOOK AT THAT OVERALL PICTURE, WE STILL HAVE A TRAFFIC POTENTIAL PROBLEM THAT IS PRETTY SIGNIFICANT.SO I STILL, I STILL FEEL LIKE A LESSER ZONING MIGHT BE WARRANTED.
AND I HAVE A PRINTOUT THAT STAFF PROVIDED US, AND I HIGHLIGHTED ALL OF THE C ONE, C TWO AND C3, UM, ZONING CATEGORIES AND WHAT IS PERMITTED BY RIGHT? OR THE PROJECTS THAT WOULD REQUIRE A SPECIAL USE PERMIT.
AND C TWO AND C3 ARE VERY, VERY SIMILAR.
THE PRIMARY DIFFERENCE I SEE IS THAT THERE'S MAYBE A HANDFUL OR TWO OF ITEMS IN C TWO THAT WOULD BE ALLOWED, BUT WOULD REQUIRE AN SUP.
AND SO IF WE FEEL LIKE ZONING NEEDS TO BE TACKLED TODAY, I WOULD CONS, I WOULD ASK THAT WE MIGHT CONSIDER C TWO AS A MAYBE A, A HAPPY MEDIUM BETWEEN THE TWO.
I THINK WE'VE ALL BEEN REAL PLEASED WITH OUR SUP APPROVALS OVER THE YEARS THAT WE'VE HAD THE ABILITY TO REALLY ASK FOR SOME SIGNIFICANT CONCESSIONS WITH THOSE SUVS.
AND, AND I WANNA REMIND US TOO, AND, AND THE PUBLIC THAT BUCKY'S IS SAYING THIS IS GONNA BE A PARKING LOT, AND IF THAT'S TRUE, THEN THAT'S GREAT BECAUSE THAT'S NOT GONNA CREATE AN ADDITIONAL TRAFFIC PROBLEM.
BUT GUESS WHAT? IF THEY SELL IT IN THE FUTURE, THEY GET THE ZONING NO MATTER WHO THE OWNER IS.
AND SO I JUST WANNA BE REMINDED THAT IT'S NOT JUST ABOUT BUCKY'S, IT'S ABOUT WHAT COULD POSSIBLY BE IN THE FUTURE TOO.
I'M GONNA COME BACK TO YOU FOR A MOTION IN A MINUTE.
UM, COMMISSIONER ENO, DID YOU HAVE ANY COMMENTS? NOTHING ELSE.
OKAY, SO NOW CAN WE GET BACK TO THE OVERLAY? SO MR. CRANE, HOW DOES THE OVERLAY DISTRICT, AND THIS IS WITHIN THE IH 10 SCENIC CORRIDOR OVERLAY DISTRICT, PLAY INTO ALL OF THIS WITH RESPECT TO BUILDING HEIGHTS, SETBACKS, LANDSCAPING, ET CETERA? UH, GOOD QUESTION.
UH, THE, UH, SCENIC, UH, INTERSTATE CORRIDOR DISTRICT IS DIVIDED INTO THREE SUB AREAS.
YOU HAVE A HIGH ELEVATION AREA, A MEDIUM ELEVATION AREA, AND A LOW ELEVATION AREA.
UH, THIS SITE, UH, IS KIND OF BORDERS TWO OF THOSE AREAS.
ONE IS MEDIUM AND ONE IS HIGH.
UM, WE'VE BEEN APPLYING THE HIGH ELEVATION, UH, WHICH GIVES A BUILDING HEIGHT OF 30 FEET.
AND THEN, UH, WE HAVE A BUILDING SETBACK FROM IH 10, UH, 40 FEET.
UH, BUT AGAIN, WE HAVE TO REMEMBER THAT THIS PROJECT, UH, THE PROJECT ON SITE A IS VESTED TO AN EARLIER CODE.
ALSO, UH, BUILDING HEIGHT, UH, DOES REQUIRE A LANDSCAPE BUFFER OF 30 FEET ALONG IH 10.
UH, IT DOES NOT, UH, REFERENCE USES AND, UH, IT, UH, ALLOWS SOME, UH, FREEWAY PYLON SIGNS THAT WE'VE TALKED ABOUT IN THE PAST.
THAT'S A SUMMARY OF WHAT THE, WHAT IT DOES.
THANK YOU FOR ANSWERING THE QUESTION.
THAT'S EXACTLY WHAT I WANTED TO GET ON THE RECORD.
CHRISTOPHER, IF YOU'VE GOT A MOTION? YES.
WHAT IS YOUR MOTION? I WOULD MAKE A MOTION THAT WE ASSIGN ZONING OF C TWO TO THAT 5.2 5.5585 ACRE TRACT.
DO YOU WANT ME TO READ THE WHOLE THING? UH, IF YOU WOULD PLEASE.
UM, THE APPROXIMATELY 5.155 ACRE PROPERTY LOCATED ON THE I 10 WEST CORRIDOR.
THIS TRACK KNOWN AS THE I 10 SURPLUS NORTH TRACK ADJOINS THE FUTURE BUCKY'S DEVELOPMENT AT 3 3 3 7 5 I 10 WEST.
IS THERE A SECOND TO COMMISSIONER FRIAR'S MOTION? ALRIGHT, WELL IF YOU A SECOND, IF WE MOVE ON.
ANYONE ELSE HAVE A MOTION THEY'D LIKE TO RAISE THIS EVENING? UH, YES, SIR.
COMMISSIONER KATES, UH, MOVE, UH, MOTION TO APPROVE THE C3 ZONING.
ALRIGHT, IS THERE A SECOND TO THAT MOTION? SECONDED BY COMMISSIONER BURR.
ANY FURTHER DISCUSSION ON THE C3 ZONING? NO FURTHER DISCUSSION.
THEN WE WILL REVEAL THE RESULTS.
[01:50:05]
THE MOTION FAILS.IT'S A TIE, SO THAT MOTION DOES NOT PASS.
I GUESS THEN IT GOES ON TO COUNSEL, UH, TO, UM, GO AHEAD AND MAKE A DETERMINATION.
IS THAT CORRECT, MR. MCKINNEY? I ASK FOR ONE MORE MOTION.
I THINK IF THERE'S NO MORE MOTIONS, THEN THAT, THAT COULD BE OKAY.
UM, I WILL ASK, IS THERE ONE MORE MOTION? OUR, OUR COUNCIL, OUR, OUR WISE COUNCIL ADVISES ME TO ASK FOR ANOTHER MOTION.
C TWO AND A HALF C TWO AND
UM, MR. CHAIRMAN, I'M STILL IN THE SAME POSITION AND I THINK WE'VE COVERED C3 AND WE'VE COVERED C TWO.
I WANNA SEE THE TIA, I WANNA SEE THE EXECUTED DEVELOPMENT AGREEMENT.
WE'VE BEEN TOLD THAT THIS ALREADY GO TO CITY COUNCIL WITHOUT BECAUSE OF THE 45 DAYS.
SO IF THAT'S THE CASE, THAT'LL FLUSH OUT.
UM, WE'VE BEEN TOLD THAT BUCKY'S ISN'T BEING HELD ON ANY, ANY CONSTRUCTION OR DEVELOPMENT.
THEY ALREADY HAVE ZONING, SO THAT'S CASE.
UM, I, I, I DON'T HEAR WHERE ANYBODY'S CONCERNED ABOUT A TABLING.
I JUST FOR I MAKE A FINAL DECISION, WOULD LIKE TO SEE THE FINAL DETAILS.
AND I, I DON'T THINK A NEW MOTION CHANGE THE, THE VOTE, UH, OR THE RESULTS.
SO I THINK WE'LL JUST MOVE THIS ON TO COUNCIL.
THEY'RE THE ELECTEDS, THEY'RE THE ONES THAT, UH, THE COMMUNITY ELECTS TO MAKE THESE DECISIONS.
UM, I THINK AS, AS COMMISSIONER BYRD POINTED ON, WE'VE DONE ALL WE CAN TO PUMP THE BRAKES ON THIS DEAL TO ALLOW TIME FOR BUCKYS TO COME BACK TO THE TABLE.
THEY DID, UM, THEY MADE ADDITIONAL, I THINK, SIGNIFICANT CONCESSIONS, UH, AFTER THE FACT THAT WE WERE TOLD THERE WERE NO MORE CONCESSIONS TO BE MADE.
SO, UH, I THINK WE'VE DONE OUR PART.
UH, LET COUNSEL PICK IT UP FROM HERE.
POINT OF CLARIFICATION, COMMISSIONER CASE WITH, WITH STAFF, UH, THIS TRACK WILL BE SUBJECT TO OUR CURRENT UDC AND DARK SKY REGULATIONS AT THIS FIVE ACRES, CORRECT? CORRECT.
THIS IS A NEW ZONING, CORRECT? SO MAY IT'S A NEW PROJECT.
WELL, IT MAY BE GRANDFATHERED IN ON IT'S A NEW PROJECT.
A NEW, YEAH, THEY, THEY MAY BE GRANDFATHERED IN ON THEIR PLAN FOR TRACK A CORRECT.
BUT THIS TRACK WILL BE SUBJECT TO OUR DUE RULES AND REGULATIONS.
THANK YOU FOR THE CLARIFICATION, CLARIFI.
ANY OTHER COMMENTS, COMMISSIONER BYRD? WELL, GIVEN, GIVEN OUR CURRENT SITUATION, I WOULD, UH, I WOULD SUPPORT COMMISSIONER LERS IF YOU WANT TO TAKE ONE MORE STAB AT THIS WITH, WITH SOME ADDITIONAL INFORMATION IF WE'RE ABLE TO RECEIVE IT FROM THE CITY.
UM, THAT WOULD BE A MOTION OF THE TABLE FOR 30 DAYS.
YEAH, WE COULD DO 30 DAYS WITH YOU SOME IF IT'S DONE, IF IT'S SIGNED OR FINALIZED BEFORE THEN THAT IT COULD COME FORWARD.
OR IF WE JUST, IT'S NOT MY FIRST CHOICE, BUT I'D SUPPORT THAT.
SO, UM, LET ME ASK THIS QUESTION.
UM, IT'S ON THE NEXT AGENDA ITEM WITH RESPECT TO UDC.
JUST THOUGHT IT WAS ANYWAY, WE'VE TALKED ABOUT HAVING A WORKSHOP IN NOVEMBER ON THE PROPOSED UDC AMENDMENTS.
UM, WE CAN MAKE THAT JUST A SPECIAL CALL MEETING AND TAKE THIS MATTER UP AGAIN THEN, IF YOU ALL BELIEVE THAT IN THE NEXT COUPLE OF WEEKS, MAYBE THE AMENDMENTS GET SIGNED.
I DON'T KNOW MR. MCCAMEY, ANY SENSE OF TIMING? I DON'T KNOW WHEN IT'S ON THE AGENDA.
WELL, UM, WELL THE AGENDA AGENDAS ARE POSTED THE WEDNESDAY BEFORE THE FOLLOWING TUESDAY MEETING UNDER STATE LAW, SO I DON'T KNOW WHEN IT'S GONNA BE POSTED.
WHICH MEETING? OKAY, SO MAYBE COUNCIL'S GOT ONE MEETING IN NOVEMBER.
UM, I WOULD THINK THAT IT WOULD BE, WE HAVE IN NOVEMBER AND ONE IN DECEMBER BY THEN.
SO MAYBE TABLE IT FOR 30 DAYS TILL DECEMBER'S MEETING AND WE'LL PICK IT UP AGAIN THEN.
IS THAT THE MOTION I'LL MAKE? YES.
MAKE A MOTION ON THE TABLE FOR 30 DAYS.
SECONDED BY COMMISSIONER BURN.
THERE'S NO FURTHER DISCUSSION, THEN CAST YOUR VOTE AND WE'LL REVEAL THE RESULTS.
IT'LL COME BACK TO US IN, UH, DECEMBER.
OPPOSED? WELL, THANK YOU ALL VERY MUCH.
UM, THANK YOU ALL IN THE AUDIENCE FOR COMING DOWN HERE AND WAITING THROUGH THIS MEETING.
UM, I THINK YOU ALL HAVE THE DISTINCT IMPRESSION YOU SHOULD BY NOW THAT THIS COMMISSION, THIS BODY TAKES THESE MATTERS OF PUBLIC INTEREST VERY SERIOUSLY.
AND WE DO OUR HOMEWORK, WE DO OUR DUE DILIGENCE, UH, AND FRANKLY, I'M PROUD TO SERVE WITH MY COLLEAGUES UP HERE BECAUSE THEY GET DEEP IN THE WEEDS ON THIS STUFF AS THEY OUGHT TO, AND YOU ALL DO AS WELL.
AND I WOULD ENCOURAGE YOU AS COMMISSIONER BIRD AND OTHERS HAVE SAID, TO STAY ENGAGED AND CAN BE ACTIVE ON THIS ISSUE.
AND THANK YOU ALL VERY MUCH FOR COMING DOWN TONIGHT.
[B. CONSIDER APPROVAL ON THE 2026 PLANNING AND ZONING COMMISSION MEETING DATES.]
B IS CONSIDER APPROVAL IN THE 2026 PLANNING AND ZONING COMMISSION MEETING DATES.MR. CRANE, MS. LINDER WILL PRESENT THAT FOR YOU.
OKAY, MS. LINDER, GOOD EVENING.
[01:55:02]
LEMME JUST POP TO THE CORRECT ONE.UH, SO THIS ITEM IS TO GO AHEAD AND TAKE A LOOK AT THE PLANNING AND ZONING COMMISSION MEETINGS IN 2026 AND TO GO AHEAD AND APPROVE THEM OR MAKE ANY MODIFICATIONS, UM, AS NECESSARY.
I WILL POINT OUT, UH, THAT TWO OF THE DATES ARE CHANGED.
SO IN JANUARY, WE ARE PROPOSING TO HAVE THE PLANNING AND ZONING COMMISSION ON JANUARY THE 12TH INSTEAD OF THE 15, UH, EXCUSE ME, INSTEAD OF THE FIFTH.
THAT WAS, UH, REQUESTED BY THE CHAIR, UH, DUE TO BISD BEING CLOSED ON THE FIFTH, UH, IN JUST THE PROXIMITY TO THE HOLIDAYS, UH, AS WELL AS SEPTEMBER.
UH, WE NORMALLY HAVE TO MOVE IT FROM, UM, THE FIRST MONDAY IN SEPTEMBER DUE TO THE HOLIDAY, AND INSTEAD ARE PROPOSING IT THE FOLLOWING MONDAY ON THE 14TH.
OTHERWISE, THIS IS OUR CALENDAR FOR THE PLANNING AND ZONING COMMISSION, HISTORIC LANDMARK COMMISSION, UM, CITY COUNCIL DESIGN REVIEW COMMITTEE, ZONING, BOARD OF ADJUSTMENT AND APPEALS, AND OUR BURNING NEIGHBORHOOD DISCUSSION MEETINGS.
ANYTHING LOOKS GOOD TO ME? I MEAN, EXCUSE ME.
ANY OTHER COMMENTS? EVERYBODY CAN MAKE IT ON THESE DATES.
HOPEFULLY, MAYBE WE SHOULD TABLE IT.
I DON'T THINK, I THINK WE'RE GOOD.
IT'S JUST INFORMATION, RIGHT? YOU DON'T NEED A MOTION FOR THIS, DO YOU? OH, IT IS AN ACTION ITEM.
WELL, OKAY, THEN WELL PULL THIS BACK.
AND DO WE HAVE A MOTION THAT'S MADE BY COMMISSIONER BIRD? SECONDED BY COMMISSIONER KELLER.
GO WITH WHAT MS. LINDER HAS SUGGESTED AS FAR AS DATES.
GO AHEAD AND CAST YOUR VOTE AND WE'LL REVEAL THE RESULTS.
I'D BE SHOCKED IF IT DIDN'T PASS, BUT WHO KNOWS.
THE COLLECTIVE WISDOM OF THIS GROUP HAS AGREED ON MS. LINDER'S RECOMMENDATION, UM, DISCUSSION ITEMS ON
[A. DISCUSS TEXAS AMERICAN PLANNING AWARDS.]
THE PLANNING AWARDS.MR. CRANE, WOULD YOU ENLIGHTEN US ON YOUR RECENT, YOUR DEPARTMENT'S RECENT AWARDS? SURE.
UH, DID WE HAPPEN TO BRING THOSE OR NO? OKAY.
IS HARDWARE AT THE, UH, MOST RECENT A PA CONFERENCE, UH, HELD THIS YEAR IN COLLEGE STATION? UH, THE CITY RECEIVED TWO, UH, PLANNING AWARDS.
ONE IS THE, UH, RICHARD E ELLIE AWARD FOR PLANNING EXCELLENCE.
UH, THIS IS THE SECOND YEAR IN A ROW THAT WE RECEIVED THAT.
UM, ONE OF THE KEY, UH, INGREDIENTS TO THAT, OR KEY, UH, PORTIONS OF THAT IS, UH, COUNCIL AND PLANNING, ZONING COMMISSION SUPPORT OF COMPREHENSIVE PLANS AND THINGS LIKE THAT.
THE SECOND ONE, UH, IS A SILVER AWARD, UH, FOR, WHAT WAS IT FOR FRANKIE? SORRY? UH, URBAN DESIGN.
URBAN DE URBAN DESIGN, UH, FOR OREGON GUY.
AND, AND, UH, UH, DIRECTOR OUR PARKS AND MEN IS, SORRY.
UH, INVITE HER TO, UH, COME TALK ABOUT IT FOR A MOMENT, PLEASE.
AND, UH, HER, SHE PLAYED A KEY ROLE IN GETTING THAT DONE AND, AND WE JUST HAPPENED TO BE THERE TO TAKE THE NICE PICTURE.
HAVE YOU BEEN WAITING THE ENTIRE TWO HOURS? YES, SIR.
YOU CAN TAKE AS MUCH TIME AS YOU WANT.
YOU TELL US AS MUCH AS YOU WANT TO TELL US.
UH, AND YES, I AM VERY LUCKY THAT I GET TO BE HERE FOR SOMETHING GOOD, WHICH IS OUR URBAN QUARTER GUIDE AND ENHANCEMENT.
UM, SO THIS WILL BE VERY BENEFICIAL TO ALL DEVELOPERS WHO COME INTO TOWN IF THEY NEED SOME GUIDE, WE CAN GUIDE THEM ON HOW THEY SHOULD PRESENT THEIR BUSINESS.
ALSO, WE, UM, ARE FOLLOWING THE GUIDE OURSELVES AS A PARKS AND RECREATION DEPARTMENT IN THE CITY OF BURN.
SO IF YOU LOOK AT RIVER ROAD PARK, THAT IS A PERFECT EXAMPLE OF WHAT THAT GUIDE CAN TAKE YOU.
UM, WE'RE VERY PROUD OF THAT WORK.
IT TOOK SEVERAL YEARS, A LOT OF DEDICATION TO CITY STAFF AND TO VOLUNTEERS.
AND AGAIN, WE'RE UTILIZING IT NOW, AND I WILL BE, WE WILL BE UTILIZING IT WITH OUR NEW PARK AT NORTHSIDE COMMUNITY PARK.
SO, UM, IT'S AN ACTIVE DOCUMENT, AND AGAIN, I CAN'T, I CAN'T EMPHASIZE HOW PROUD WE ARE ABOUT IT, AND I HOPE THAT EVERYONE ELSE WILL BE TOO.
ANYONE ELSE, MR. CRANE? UM, ANY OTHER ELABORATION ON THIS? BECAUSE THIS IS, THIS IS LIKE THE SECOND OR THIRD YEAR IN A ROW.
YOU'VE WON ONE OF THESE SECOND YEAR.
SECOND, SECOND YEAR FOR THE RICHARD, UH, LILY AWARD.
UM, AND, UH, WE'RE PROUD OF THAT AND HOPE TO CONTINUE THAT IN THE FUTURE.
AND DON'T WE HAVE ANOTHER SUCCESS STORY? BECAUSE
[02:00:01]
WE'VE GOT SOMEONE WHO'S PRESENTING, WHO WAS AN INTERN WITH US FOR A WHILE.WOULD THAT, WOULD YOU PLEASE INTRODUCE THIS YOUNG AND DESCRIBE HIS HISTORY WITH THE CITY COACH? COME ON.
BEN, YOU GET TO TALK TONIGHT? YES.
UH, WE ARE VERY GRATEFUL THAT HE CAN BE HERE WITH US.
HE INTERNED, UH, WITH US FOR TWO SUMMERS.
UH, THE, UH, MOST RECENT INTERNSHIP, HE WORKED WITH RYAN IN OUR ENVIRONMENTAL PROGRAMS, UH, DID A LOT OF GREAT WORK WITH THEIR HELPING WITH TREE SURVEYS AND, AND, UH, INVENTORIES AND THINGS LIKE THAT.
UH, HE, HE'S SHOWN TO BE, UH, UH, VERY INTELLIGENT AND ADAPT AT, UH, DOING, UM, DOING THIS WORK.
AND WE'RE JUST GRATEFUL THAT WE HAD AN OPPORTUNITY FOR HIM TO COME JOIN US FULL TIME AND GRADUATE CHAMPION.
AS I RECALL, BERNIE HIGH, BERNIE, HOW WELL I RECALL, CORRECT ME.
IT'S GREAT THAT SOMEONE HOMEGROWN, A GRADUATE OF THE COMMUNITY, COMES BACK AND AFTER INTERNING FOR A COUPLE SUMMERS BECOMES A MEMBER OF THE STAFF.
SO, UH, CONGRATULATIONS TO YOU.
YOU'VE CHOSEN A WISE PROFESSION.
MUCH BETTER THAN BEING AN ATTORNEY.
UM, MR. CRANE, WE TALKED ABOUT HAVING MAYBE, UH, A WORKSHOP ON THE UDC.
IS THERE ANY FURTHER DISCUSSION OR ELABORATION ON THAT? ANY DATES PROPOSED, ET CETERA? UH, YES, SIR.
AS WE TALKED ABOUT OUR, AT OUR MEETING TO REVIEW THE AGENDA, UH, WE'RE STILL IN THE PROCESS OF PREPARING IT.
ME BEING OUT WITH SURGERY KIND OF DELAYED MY, UH, OVERALL PLAN.
UH, OUR, OUR INTENTION WAS TO PRESENT IT TO YOU, UH, AND HAVE A DISCUSSION AT OUR, UH, DECEMBER MEETING.
THANK YOU FOR, FOR THAT FOLLOW UP.
AND, UH, WE UNDERSTAND WITH SURGERY, THINGS DON'T ALWAYS GO AS PLANNED, BUT HOPEFULLY THE, THE RECOVERY GOES AS PLANNED.
ANY OTHER COMMENTS FROM THE COMMISSION? IF NOT, TONIGHT'S MEETING IS ADJOURNED.
THANK YOU EVERYBODY, SO MUCH FOR YOUR TIME AND ATTENTION.