* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. CALL TO ORDER – 6:00 PM] [00:00:05] SO WE WILL BEGIN WITH THE, UH, DECEMBER REGULAR MONTHLY MEETING OF THE BERNIE PLANNING AND ZONING COMMISSION. I'M TIM VAN WOLFF, AND I HAVE THE PLEASURE OF SERVING ON THE COMMISSION WITH MY FELLOW COMMISSIONERS. AS WE ALWAYS DO, WE'LL RISE FOR THE PLEDGES OF ALLEGIANCE. FIRST FACE, THE UNITED STATES FLAG. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. NOW, PLEASE FACE THE TEXAS FLAG. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO NEED TEXAS ONE STAKE UNDER GOD, ONE AND INDIVISIBLE. AND NOW IF YOU'LL PLEASE JOIN ME FOR A MOMENT OF SILENCE. THANK YOU. PLEASE BE SEATED. ALRIGHT, ITEM [2. CONFLICTS OF INTEREST] TWO, AFTER THE CALL TO ORDER IS CONFLICT OF INTEREST. I KNOW COMMISSIONER KELLER HAS ONE WITH ITEM FIVE A. SO HE WILL RECUSE HIMSELF FROM THE DAIS AND RELOCATE TO THE AUDIENCE FOR THE ENTIRETY OF THAT DISCUSSION WHEN THAT COMES BEFORE THE COMMISSION. ANY OTHER CONFLICTS OF INTEREST THIS EVENING FROM ANY COMMISSIONERS? ALL RIGHT, THANK YOU. PUBLIC [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)] COMMENTS. I'VE GOT A COUPLE FOLKS SIGNED UP, UH, FOR FIVE A AND B. YOU'RE WELCOME TO COME FORWARD NOW OR YOU CAN WAIT TILL THOSE ITEMS ARE CONSIDERED BY THE COMMISSION. IT'S ENTIRELY UP TO YOU, MR. MATHIS. DANA MATHIS, 1 6 4 CREEK SPRINGS. GOOD EVENING. GOOD EVENING. THANK YOU FOR THE OPPORTUNITY TO ADDRESS THE COMMISSION. UH, WHAT'S THE STATUS OF THE RENEGOTIATED DEAL WITH BUCKY'S SINCE THE NEW DEAL WAS THE LAST WAS ANNOUNCED AT LAST MONTH, CITY COUNCIL MEETING, NO ANNOUNCEMENT HAS BEEN POSTED ON THE CITY'S WEBSITE THAT CONFIRMS THAT THE NEW DEAL HAS BEEN SIGNED AND NO ADDITIONAL DETAILS HAVE BEEN ANNOUNCED. LIKEWISE, THE NEWS MEDIA HAS NOT PUBLISHED ANY ANNOUNCEMENTS FROM THE CITY OF BERNIE OR BUCKY'S CONFIRMING THAT THE NEW DEAL HAS BEEN COMPLETED. AS NOTED AT LAST MONTH'S PLAN AND ZONING COMMISSION MEETING, SEVERAL DETAILS REMAIN UNRESOLVED. FOR INSTANCE, CITY OFFICIALS HAVE STATED THE BUCKYS WILL DONATE AN APPROXIMATELY NINE ACRE PARCEL TO CREATE A GREEN BELT BETWEEN THE BUCKYS FACILITY AND THE MANGER SPRINGS SUBDIVISION. AS THE OWNERSHIP AND STATUS OF THIS LAND BEEN FINALIZED, WOULD THIS PARCEL BE UNDER THE SCENIC INTERSTATE, UH, CORRIDOR OVERLAY DISTRICT, THE ZONING STATUS OF THE 5.1 ACRE PARCEL RELATED TO THE BUCKY'S PROJECTS ON TONIGHT'S AGENDA, ITEMS FIVE A AND B. IF A NEW DEAL HAS NOT BEEN FINALIZED AND THE DETAILS REMAIN UNCERTAIN, IT WOULD SEEM BOTH PRUDENT AND LOGICAL TO AGAIN, POSTPONE THE ASSIGNMENT OF A ZONING CODE FOR THAT PARCEL. UNDER DISCUSSION IN TONIGHT'S AGENDA, UP TO NOW, THE EXECUTION OF THIS PROJECT TO DATE HAS BEEN MARKED BY MISES. LET'S MAKE SURE EVERY I IS DOTTED AND EVERY T IS CROSSED. THANK YOU FOR YOUR CONSIDERATION. THANK YOU, MR. MATHIS, AND THANK YOU FOR YOUR ONGOING COMMITMENT AND INVOLVEMENT TO THIS ISSUE. PAULA RIKER. MS. RIKER, PLEASE COME DOWN. GOOD EVENING. GOOD EVENING. MY NAME IS PAULA REER AT 1 0 1 CREEK SPRINGS. UM, BEING RELATIVELY NEW TO BERNIE, MY FIRST, UH, PUBLIC MEETING TO ATTEND WAS ON JULY THE SEVENTH, AND THERE'S BEEN A LOT OF ACTIONS SINCE THEN, UH, BY BOTH YOUR COM, YOUR COMMISSION, AS WELL AS OTHER CITY STAFF AND THE CITY COUNCIL. AND WE TRULY APPRECIATE ALL OF THE WORK THAT YOU HAVE DONE. UH, PARTICULARLY AS IT RELATES TO THE, UH, DUE DILIGENCE AND HOLDING FOLKS ACCOUNTABLE TO DOTTING THE I'S AND CROSSING THE T'S RELATING TO THE BUCK EAST'S PROJECT. VERY MUCH APPRECIATE THAT. UM, IN TERMS OF DOTTING THE I'S AND CROSSING THE T'S, UH, YOU'RE GONNA BE CONSIDERING AT SOME POINT IN THE FUTURE, POSSIBLY TONIGHT, POSSIBLY AGAIN IN THE FUTURE, THE 5.15 ACRES, AND ON JULY 7TH, THAT NUMBER WAS 3.976 ACRES, WHICH WAS PRETTY CLEAR TO BE AS I UNDERSTAND IT, NUMBER THREE A AND THREE B. UH, BUT HOW WE GET FROM 3.976 TO 5.15 IS NOT SOMETHING THAT I HAVE SEEN, AND I THINK I'M THE FOURTH OR THE FIFTH PERSON TO ASK ABOUT THAT IN THE PUBLIC COMMENTS. AND SO IT WOULD BE NICE TO SEE A RECONCILIATION BY TRACK TO SEE HOW WE GET TO THE 5.5. SO WE CLEARLY UNDERSTAND WHAT PIECES AND IF I'VE MISUNDERSTOOD THAT, MY APOLOGIES. BUT, UH, THAT'S ONE THING THAT WE, UH, IT WOULD REALLY, REALLY BE HELPFUL. SO, UM, AGAIN, I JUST THANK YOU FOR, UM, LISTENING AND FOR YOUR ACTIONS AND, UH, A LITTLE OFF THE TOPIC. UH, AT A PRIOR MEETING, I UNDERSTAND THAT STATE LEGISLATURE MAY HAVE CHANGED AND THERE PERHAPS IS SOME DISCRETION AT THE CITY LEVEL ABOUT THE ROLE OF PLANNING AND ZONING. AND I JUST WANNA APPLAUD THE CHECK AND [00:05:01] BALANCES AND THE DETAIL THAT Y'ALL PROVIDE, UH, AND, UH, REALLY ENDORSE YOUR CONTINUED PARTICIPATION. THANK YOU. THANK YOU, MS. ER. AND I APOLOGIZE FOR MISPRONOUNCING YOUR LAST NAME A MOMENT AGO. OKAY. I WON'T DO IT AGAIN, I PROMISE. UM, THAT'S ALL. WHO'VE SIGNED UP. ANYONE ELSE LIKE TO SPEAK DURING THE PUBLIC COMMENTS PORTION? MR. KYLE? I'LL SPARE YOU TONIGHT. . WELL, ALRIGHT, SIR. UH, IT'S NEVER A BURDEN. WE'RE ALWAYS INTERESTED IN HEARING WHAT OUR CITIZENS HAVE TO SAY. I'M FINE. OKAY. ANYBODY ELSE? ALL RIGHT, THEN I'LL CLOSE THE PUBLIC COMMENT PORTION OF TONIGHT'S AGENDA AND MOVE ON TO [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.] THE CONSENT AGENDA. ITEM FOUR, A, B, AND C. IS THERE A MOTION TO APPROVE THE CONSENT AGENDA THIS EVENING? SO MOVED BY COMMISSIONER HOTTER, SECONDED BY COMMISSIONER KELLER. ALL RIGHT. ANY DISCUSSION ON THE CONSENT AGENDA? IF NOT, UH, PLEASE VOTE ON THE MOTION BEFORE US AND WE'LL REVEAL THE RESULTS. I DON'T HAVE THE VOTING PAGE. AH, OKAY. LET'S PAUSE OUR, OUR VOTING FOR A SECOND. 'CAUSE I THINK YOU HAVE ISSUES AS WELL. I HAVE AN ISSUE, BUT I'M USING THIS SCREEN NOW. OKAY. ALL RIGHT. I'M SIGNED IN OVER HERE. OKAY. ALL RIGHT. WE WANT MS. FRY'S VOTE TO COUNT. SO, UM, THERE WE GO. SIX IN FAVOR, NOT OPPOSED. AND BY THE WAY, I WANNA POINT OUT THAT COMMISSIONER KATE WILL BE HERE THIS EVENING, BUT HE HAS COME DOWN UNFORTUNATELY WITH THE FLU. ALRIGHT, MOVING ON [5.A. 2025-571 CONSIDER THE UN-TABLING OF A REQUEST TO RATIFY THE ZONING DESIGNATION OF C3 - SICO (COMMUNITY COMMERCIAL WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT), FOR AN APPROXIMATELY 5.155-ACRE PROPERTY LOCATED ON IH-10 WEST AS DESCRIBED BELOW. (IH-10 “SURPLUS NORTH” TRACT, ADJOINS THE FUTURE BUC-EE’S DEVELOPMENT AT 33375 IH-10 WEST)] TO ITEM FIVE A IS TO CONSIDER THE UN TABLING OF A REQUEST TO RATIFY THE ZONING DESIGNATION OF C3 SICO COMMUNITY COMMERCIAL WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT FROM APPROXIMATELY 5.155 ACRE PROPERTY LOCATED ON IH 10 WEST, AS DESCRIBED BELOW THE SURPLUS TRACT, WHICH ADJOINS THE BUCK EASTS DEVELOPMENT. UH, IS THERE A MOTION TO UNT THIS MATTER THIS EVENING? MOTION MADE BY COMMISSIONER HOTTER, SECONDED BY COMMISSIONER BYRD? OKAY, THERE'S NO DISCUSSION ON A MOTION UNT, SO PLEASE VOTE, UH, AND WE'LL REVEAL THE RESULTS. THIS ITEM HAS BEEN UNTD UNANIMOUSLY. FIVE IN FAVOR AND UNOPPOSED. MOVING ON TO [5.B. 2025-570 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.] ITEM FIVE B TO CONSIDER A REQUEST TO RATIFY THE ZONING DESIGNATION OF C3 DASH SICO COMMUNITY COMMERCIAL WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT, AS DETERMINED THROUGH LEGAL REVIEW OF THE UNIFIED DEVELOPMENT CODE FOR AN APPROXIMATELY 5.15 ACRE PROPERTY LOCATED IN IH 10 WEST, KNOWN AS THE IH 10 SURPLUS NORTH TRACK ADJOINING THE BUCK EAST DEVELOPMENT. AND, UH, MR. CRANE, WOULD YOU PLEASE, BECAUSE MS. ER ASKED, PLEASE CLARIFY HOW WE GOT, UH, THREE, WHATEVER IT WAS, THREE AND SOME CHANGE ACREAGE IN JULY TO 5.155 ACRES AT THE MOMENT? SURE, I'D BE HAPPY TO DO THAT IN THANK YOU IN A MINUTE. OKAY. UH, ALRIGHT. SO LET'S, UH, I WILL FOCUS ON THE THINGS THAT HAVE CHANGED, UH, SINCE OUR LAST DISCUSSION. UH, YOU CAN SEE WE HAVE PRIOR REVIEW IN SEPTEMBER AND NOVEMBER. JUST RECALL, THIS IS SITE A, UH, AND SITE B THAT WE'RE TALKING ABOUT THIS EVENING. WE'RE TALKING ABOUT SITE B, UH, THE DEVELOPMENT AGREEMENT HISTORY. AS YOU'RE AWARE, COUNSEL ORIGINALLY APPROVED THE DEVELOPMENT AGREEMENT, ECONOMIC DEVELOPMENT AGREEMENT IN, UH, 2016 AT FIRST AMENDMENT. THE CITY MANAGER WAS GIVEN AUTHORIZATION, UH, TO PROCEED WITH FIRST AMENDMENT OF THE AGREEMENT ON OCTOBER 27TH OF THIS YEAR. UH, WE'LL PULL UP A MAP HERE IN A MINUTE AND, AND HELP YOU SHOW THE ACREAGE. ALL RIGHT, SO WHAT, WHAT'S IN THE FIRST AMENDMENT? UH, THIS IS A BRIEF OVERLAY. YOU'LL SEE A BRIEF OVERVIEW, EXCUSE ME. YOU WILL SEE, UH, MORE DETAILED INFORMATION IN YOUR REPORT. UH, AGAIN, REMEMBER, DEVELOPMENT AGREEMENT IS, IS A SEPARATE DISCUSSION THAN, UH, ZONING RATIFICATION. UH, IN THIS AMENDMENT. THERE'S NO, IT SPECIFIES THAT THERE WAS NO MORE THAN A 54,000 SQUARE FOOT BUILDING. NO MORE THAN A HUNDRED FUELING STATIONS, UH, ADDRESSES THE 18 WHEELER, UH, ISSUE THAT HAS BEEN BROUGHT UP. IT'S AN INCREASE OF 30 FULL-TIME EQUIVALENT JOBS. UH, THERE'S NINE ACRES OF DEDICATED OPEN SPACE, WHICH IS THIS AREA HERE, UH, THAT DOES NOT INCLUDE THIS ADDITIONAL, UH, FIVE TO SIX ACRES, WHICH MEANS WE HAVE AT LEAST 400 FEET FROM, UH, THE RESIDENCE AND THE PARKING LOT. NOW, I KNOW YOU GUYS HAVE DONE QUITE A BIT OF, UH, PLANNING AND REVIEW, [00:10:01] COMMERCIAL DEVELOPMENT. I DON'T KNOW IF I'VE EVER SEEN, UH, GREATER BUFFER BETWEEN, UH, USES IN ANY OTHER PROJECT, UH, REDUCTION THE SIGN FROM 75 FEET TO 60 FEET. UH, THIS IS CONTINGENT UPON, UH, TDO APPROVING BUCKY, UH, TEXSTAR APPROVING IH 10 EXIT SIGNAGE TO SAY BUCKY'S WAY, AND ALSO THE NAMING OF THIS STREET AS BUCKY'S WAY. UH, WE HAVE, UH, ENHANCED LANDSCAPING AND PLANNING AREAS THAT'LL BE CONSISTENT WITH OUR, UH, DRC ACTION THAT WAS OCCURRED ON DECEMBER 9TH, 2021. UH, THE, IT INCLUDES AN EIGHT FOOT SECURITY FENCE, UH, SITE LIGHTING, UH, WILL BE DARK. WE'LL HAVE DARK, UH, SKY COMPLIANT FIXTURES JUST FOR YOUR INFORMATION. UH, THE CURRENT, UH, PLANS SHOW, UH, REDUCTION IN THE HEIGHT OF THE LIGHT POLES FROM ALONG THE PERIMETER, EXCUSE ME, WITHIN THE PROPERTY FROM 27 TO 20 FEET. AND FROM 17.5 FEET TO 10 FEET ALONG THE PERIMETER. UH, H FEET REQUIRES HVAC CONDENSATION, RECOVERY AND IRRIGATION SYSTEM. AND ONE OF THE KEY THINGS IS INCLUDED. A CONSTRUCTION TIMELINE, UH, REQUIRES COMMENCEMENT WITH AN 18 MONTHS APPROVAL OF THE AMENDMENT AND OR 30 DAYS AFTER ISSUANCE OF ALL THE PERMITS. AGAIN, WE ARE HERE TONIGHT TO CORRECT AN ERROR OMISSION THAT WAS DONE, UH, BACK IN 2021. UH, AS YOU KNOW, ALL PROPERTY IS REQUIRED TO HAVE ZONING TO CHANGE ZONING. UH, IT IS REQUIRED TO HAVE PROPERTY OWNER NOTIFICATION THAT NOTIFICATION DID NOT EXIST. IF YOU LOOK AT THE MAPS AND THE SOURCE MATERIAL, UH, THIS PARCEL WAS NOT INCLUDED. PART OF THE REASON IT WASN'T INCLUDED IS BECAUSE IT WAS STILL UNDER PUBLIC OWNERSHIP BY TDOT. I WILL NOTE THAT, UH, COMMISSION, UH, NEEDS TO MAKE A RECOMMENDATION AS TO WHAT'S THE MOST COMPARABLE DISTRICT TO B TWO THAT SHOULD BE APPLIED TO THIS PROPERTY. UH, FINALLY, UH, THE PROJECT CAN BE DEVELOPED UNDER, UH, THE EXISTING B TWO ZONING DISTRICT, OR A CHANGE TO, UH, THE PROPOSED C3, UH, THE FINDINGS YOU'RE FAMILIAR WITH. WHAT I WANT TO DO IS I WANTED TO, UH, POINT OUT, UH, YOU CAN SEE OUR CURRENT ZONING MAP. YOU SEE THE LACK OF A ZONING DESIGNATION HERE. UH, AND YOU CAN SEE IN BACK IN, UH, 2005, UM, OH, EXCUSE ME, BACK IN 2020, UH, IT WAS OWNED B TWO HIGHWAY COMMERCIAL, AND YOU CAN SEE THOSE THERE. I'LL NEED TO PULL UP A MAP AND I CAN DISCUSS THE, UH, UH, THE CHANGES IN SIZE. OOPS. ALL RIGHT. LET IT LOAD FOR A MINUTE HERE AND ZOOM IN, EXCUSE ME, THE WRONG BUTTON. AND MY EYES AREN'T THAT GOOD, SO I GOTTA LOOK DOWN HERE. ALRIGHT, SO GIVE ME A SECOND. UH, COME ON. ALL RIGHT. IT'S A LITTLE BIT DIFFICULT TO TELL, UH, BECAUSE THE PARCEL MAPS HAVEN'T BEEN UPDATED, UH, SINCE THE LAND WAS PURCHASED. UH, THE ADDITIONAL LAND WAS PURCHASED, HOWEVER, OKAY, SO ORIGINALLY, UH, THE APPLICATION WAS TO, UH, REZONE, UH, OR ASSIGN ZONING, UH, TO C3 FOR A SMALLER PORTION OF THE 5.15 ACRES. UH, IT WAS BASICALLY DOWN HERE, UH, UH, IN THIS LOCATION DOWN HERE. UM, ONCE, ONCE WE DID THE ADDITIONAL RESEARCH AND WERE ABLE TO LOOK AT, UH, WHAT WAS PURCHASED, THAT'S WHERE THE 5.155 [00:15:01] CAME IN. SO IF WE WOULD'VE PROCEEDED WITH THE THREE, WE'D HAVE A LEFTOVER PIECE THAT DID NOT INCLUDE ZONING. SO IT WAS A 5.155 DETERMINED AFTER A SURVEY OF THE ENTIRE PARCEL. IT WAS DETERMINED, UH, IN CONSULTATION WITH THE, UH, BUCKY'S. SO THAT, YES, THEY DO HAVE A SURVEY AND THEY IS WHAT THEY PURCHASED FROM TDOT. OKAY. AND I THINK THEY DID IT IN TWO PURCHASES, DIDN'T THEY? CORRECT. ALRIGHT, SO THE TWO ADDED TOGETHER UP TO 5.15, FIVE ACRES? YES, SIR. YES, SIR. OKAY. UH, HAPPY TO, UH, ANSWER ANY QUESTIONS THAT YOU HAVE, UH, AT THIS TIME. OKAY. UM, THANK YOU. IT, IT, UM, AND THANKS FOR YOUR SUMMATION OF THE PROPOSED AMENDMENTS, WHICH IS SOMETHING I'D ASKED FOR LAST MONTH, AND I'M GLAD TO SEE IT WAS IN OUR AGENDA PACKET, BY THE WAY, FOR THOSE IN THE AUDIENCE, UM, MR. MATHIS AND MS ER, IF YOU GO ON TO, UH, TONIGHT'S PLANNING AND ZONING COMMISSION AGENDA, YOU CAN CLICK ON, UH, THE MATERIALS FOR TONIGHT'S DISCUSSION AND SEE A, A BETTER SYNOPSIS OF THE PROPOSED AMENDMENTS. UM, SO PLEASE, WHEN YOU GET HOME THIS EVENING, DO THAT, AND YOU'LL SEE WHAT WE SAW. UM, WE HAVEN'T SEEN, UH, A PROPOSED AMENDMENT TO THE DEVELOPMENT AGREEMENT YET. UM, UM, WE HAVE ASKED FOR THAT, BUT THAT'S SOMETHING THAT THE CITY STAFF HAS INDICATED. IT'S ENTIRELY PURVIEW THE COUNCIL, AND IT CERTAINLY IS. THEY'RE THE ELECTED, SO THEY'RE THE ULTIMATE DECISION MAKERS. OUR, OUR JOB IS TO RECOMMEND TO COUNCIL, UM, WHAT THE PROPER ZONING FOR THIS PARCEL SHOULD BE. WE TABLED THIS, AS YOU ALL MIGHT RECALL, BACK IN SEPTEMBER BECAUSE THERE WERE SOME INCONSISTENCIES AND PERHAPS, UM, SOME AMBIGUITIES, WHICH I THINK HAVE BEEN CLEARED UP IN THE LAST THREE MONTHS. AND FRANKLY, OUR, UM, INTENTION, UH, WHAT WE WANTED TO HOPE, WHAT WE HOPED TO ACCOMPLISH BY TABLING THIS MATTER THREE MONTHS AGO, REALLY HAS BEEN ACCOMPLISHED. UM, BACK ON SEPTEMBER 2ND, UH, STAN BEARD OF BUCKY'S INDICATED IN, IN AN EMAIL TO ONE OF THE COUNCIL MEMBERS THAT, UH, BUCKY'S WAS DONE NEGOTIATING, AND THEY WERE GOING TO GO FORWARD WITH THE PLANS AS THEY CURRENTLY EXISTED. AS OF SEPTEMBER 2ND, WE HAD SOME QUESTIONS ABOUT WHETHER OR NOT THAT WAS ACTUALLY TRUE. WE THOUGHT IT MIGHT BE, UM, WORTHWHILE TO PURSUE ADDITIONAL NEGOTIATIONS WITH BUCKY'S. AND THOSE NEGOTIATIONS HAVE TAKEN PLACE OVER THE LAST 90 DAYS, AND IT RESULTED IN THE PROPOSED AMENDMENTS TO THE DEVELOPMENT AGREEMENT THAT YOU'VE SEEN BEFORE YOU THIS EVENING. I THINK WE'VE ACCOMPLISHED WHAT WE'D HOPE TO DO. UM, AND NOW IT'S, IT'S OUR JOB TO RECOMMEND TO COUNCIL PROPER ZONING. UH, FOR THIS, I'M READY TO MOVE FORWARD AND I'M QUITE COMFORTABLE, FRANKLY, WITH THE PROPOSED C3. I WILL BE HAPPY TO ENTERTAIN A MOTION FROM THE FELLOW, MY FELLOW COMMISSIONERS TO, UH, TO ZONE THIS PARCEL. UM, ALTHOUGH I DON'T KNOW MR. MCCAMEY, THERE'S NOTHING IN OUR UDC THAT REALLY PROVIDES FOR RATIFICATION, BUT CLEARLY WE HAVE THE OPTION AS A PLANNING AND ZONING COMMISSION TO, TO REZONE OR ZONE PROPERTY ON OUR OWN MOTION. SO I'D BE HAPPY TO ENTERTAIN A MOTION TO ZONE THIS PARCEL, UH, YOU KNOW, C TWO OR C3 THIS EVENING. UM, AND THEN WE CAN PROCEED FROM THERE. CAN I ASK A COUPLE OF QUESTIONS, PLEASE? ABSOLUTELY. COMMISSIONER FRIAR. SO I HAVE A COUPLE OF QUESTIONS FOR STAFF. UM, WHAT IS THE CURRENT, WHAT IS THE CURRENT STATUS OF BUCKY'S AGREEING TO THESE AMENDMENTS? I DON'T FEEL LIKE WE'VE EVER HAD A CLEAR UNDERSTANDING OF DID WE PROPOSE THIS TO THEM? DID THEY PROPOSE THIS TO US IN AGREEMENT, OR WHERE ARE WE, I MIGHT BE ABLE TO SHED SOME LIGHT ON THAT. GREAT. UH, AS YOU PROBABLY REMEMBER, UH, THE 2016 AGREEMENT THAT WAS UNANIMOUSLY ADOPTED BY THE CITY COUNCIL, YOU KNOW, THAT IS STAFF'S RESPONSIBILITY TO FOLLOW THROUGH WITH THAT AGREEMENT. WE DON'T HAVE AN OPTION TO CHANGE IT. HOWEVER, THAT AGREEMENT DID INCLUDE A REQUIREMENT TO INCLUDE A UTILITY AGREEMENT, WHICH WAS EXPRESSLY REFERENCED IN THAT AGREEMENT. AND OF COURSE, THERE WERE A LOT OF OTHER MOVING PARTS TO THAT AGREEMENT, SUCH AS TEXT APPROVALS AND OTHER THINGS. BUT THE UTILITY AGREEMENT HAS BEEN UNDER NEGOTIATION FOR THE LAST 12, AT LEAST THE LAST 12 MONTHS, I THINK A LITTLE LONGER. AND SO AS WE STARTED GETTING CLOSER TO HAVING SOME TERMS, THE UTILITY AGREEMENT FINALIZED, UH, BUCKY'S MADE SOME ADDITIONAL PRO PROPOSALS TO AMEND THE 2016 AGREEMENT BECAUSE WE KNEW ALL ALONG IT WAS GONNA REQUIRE AN AMENDMENT, UM, BECAUSE OF THE CHANGE CIRCUMSTANCES LARGELY RELATED TO BOTH DELAYS IN THE 20 THROUGH 20, 22 TIME PERIOD DUE TO SUPPLIERS AND COVID REQUIREMENTS, [00:20:02] AND ALSO TEXT DOTS DELAYS IN FINALIZING PROPERTY OWNERSHIP AND LOCATION OF, OF THOROUGHFARES AND APPROVALS. SO IT WAS CLEAR, PROBABLY FIVE YEARS AGO, THERE WAS GONNA NEED TO BE AN AMENDMENT FOR SURE. UH, SOMEWHERE AROUND THAT, UH, THE NEGOTIATIONS AND THE UTILITY AGREEMENT SERVED AS BASICALLY A SPRINGBOARD FOR THOSE NEGOTIATIONS TOO, POINT BY POINT. OVER THE LAST NINE MONTHS, UH, DIFFERENT TYPES OF PROPOSALS FROM BUCKY'S AND RESPONSES FROM THE CITY ON THE AGREEMENT ITSELF WENT FORWARD. UM, THE CHANGES THAT YOU SEE OR THAT ARE, WILL BE IN THE, THE FINAL AGREEMENT AS MR. CRANE WENT OVER. MOST OF THOSE WERE PROPOSED BY BUCKY'S. GREAT. UH, THINGS THAT WE BROUGHT UP FROM THE STAFF STANDPOINT, NOT ME, BUT THE STAFF BROUGHT UP INCLUDED ADDITIONAL BUFFERING AND FENCING, AND I DID BRING UP THE ADDITIONAL DOC JOBS. SO, UH, BUT ALL THOSE POINTS WERE NEGOTIATED BY THE CITY STAFF ALONG WITH, UM, BUCKY'S REPRESENTATIVES OVER, I WOULD SAY THE LAST EIGHT TO NINE MONTHS. SO, UH, HAVE THEY SIGNED OFF ON THEM? I'M SORRY? HAVE THEY SIGNED OFF ON THEM ON THE ONES THEY PROPOSED TO, TO THIS AMENDMENT? , UH, THE, THE SIGNATURES WILL HAPPEN AFTER THE CITY COUNCIL VOTE ON THE FINAL DOCUMENT, AND THAT MUST OCCUR AT THE AFTER THE CITY COUNCIL VOTES. OKAY. BUT WE HAVE, YOU KNOW, WE NEGOTIATE A LOT OF AGREEMENTS HERE AND A LOT OF DEVELOPMENT AGREEMENTS OVER THE YEARS, MORE IN THE LAST FEW YEARS, AS YOU'RE AWARE, UH, THIS IS THE WAY IT WORKS AND THE, AND SO THE FINAL DOCUMENTS AREN'T AVAILABLE TO THE PUBLIC UNTIL THEY'RE EXECUTED. SURE. SO THAT'S, THAT'S THE WAY IT WENT. UM, AND THEN MY NEXT QUESTION IS IN THE LIST OF AMENDMENTS, IT TALKS ABOUT, UH, NATHAN SAID THE SIGN HEIGHT IS CONTINGENT UPON BECKY'S WAY BEING APPROVED BY TXDOT. IS THAT, AND I KNOW THAT SIGN HEIGHT WAS A BIG POINT OF CONTENTION FOR A LOT OF YEARS, EVEN BACK IN 2016, 'CAUSE I LIVED IN MANGER SPRINGS AT THAT TIME. IS HOW LIKELY IS IT THAT TDOT'S GONNA APPROVE THAT BUCKY'S WAIST SIGN AND THE BIG BEAVER SIGN WILL BE REDUCED? I MEAN, IS THAT VERY LIKELY? IS THAT 50 50 DIRECTOR CAROL MAY KNOW, UH, MORE ABOUT IT? WOULD YOU COME FORWARD? I KNOW YOU CAN'T SPEAK ON BEHALF OF TDOT, UM, BUT I KNOW THAT BUCKY'S HAS DONE THESE AROUND THE STATE, AND TITE HAS BEEN VERY COOPERATIVE. CORRECT. THERE, THERE'S MULTIPLE BUCKY'S WAYS THAT EXIST IN, IN THE, IN THE STATE. IT'S KIND OF A TWO PART ISSUE OF TXDOT, BUT THEN ALSO, UH, THIS PART OF KENDALL COUNTY, WE ACTUALLY HAVE TO GET STREET NAMES APPROVED BY BEAR METRO 9 1 1. UM, AND THAT'S ALREADY BEEN SUBMITTED TO THEM AS WELL, AND THEY DIDN'T HAVE AN ISSUE WITH IT AS WELL. SO, UM, BUT IT'S A STANDARD PROCESS THAT LIKELY SHOULD NOT BE A HANGUP FOR, FOR, FOR ANY NEW STREET NAME, FOR ANY NEW STREET THAT HAPPENS, THERE'S THINGS THAT YOU HAVE TO DO IN PLACE TO GET NAME APPROVED. AND AGAIN, IT GOES TO BARE METRO 9 1 1 TO MAKE SURE THERE'S NOT CONFUSION IF IT DOESN'T SOUND LIKE SOME OTHER NAME THAT SOUNDS SIMILAR. SURE. SO YOU CAN'T HAVE MULTIPLE NAMES THAT, THAT'S KIND OF AN EMERGENCY RESPONDER ISSUE. UM, SO THAT CLEARS THAT CASE. AND THEN IT'S JUST A TEXT DO DEAL. BUT AGAIN, THERE'S MULTIPLE BOOKIE WAYS THAT EXIST ALREADY IN THE STATE ELSEWHERE OKAY. OUTSIDE OF OUR GENERAL AREA. OKAY. AND THEN MY LAST QUESTION IS ON THE DARK SKY COMPLIANCE, UM, FIXTURES, IS THAT DARK SKY COMPLIANT AS OF OUR REGULATIONS TODAY? OR DOES IS THAT COMPLIANT FROM, I'LL ASK, UH, MR. BASS TO COME UP AND FROM A PRIOR YEARS, WHATEVER THEY'RE VESTED TO MR. BASS, YOUR TURN. I JUST WANNA MAKE SURE ALL OF YOU ARE INCLUDED TONIGHT SINCE YOU'VE TODAY. UM, SO THEY WERE VESTED TOO, THE ORDINANCE THAT WAS IN PLACE IN 2017, I BELIEVE. BUT THEY HAVE ACTUALLY BROUGHT ALL OF THEIR LIGHTING TO MEET OUR CURRENT DARK SKY CRITERIA FROM EVERYTHING FROM FIXTURE TYPE TO THE KELVIN LEVELS OF THEIR FIXTURES, TO THE POLE HEIGHTS, TO THE ACTUAL FOOT CANDLE AVERAGES THAT ARE RECOMMENDED, UM, FOR SPECIFIC USES SUCH AS PARKING, UH, GAS CANOPY, AND ONSITE PARK OR ONSITE PARKING ON THE SITE. THOSE, UH, RECOMMENDED, RECOMMENDED LEVELS ARE PROVIDED BY THE ILLUMINATING ENGINEERING SOCIETY, AND THEY WERE ACTUALLY ABLE TO MEET THOSE. SO THEY'VE ACTUALLY DONE A, A TREMENDOUS JOB ON GETTING THEIR LIGHTING LEVELS DOWN FROM WHAT WAS INITIALLY PROPOSED TO WHERE WE ARE TODAY. AWESOME. THANK YOU. YOU'RE WELCOME. I JUST THINK WE'VE MADE SOME REALLY GREAT STRIDES, MR. BASS. I HAVE ONE A QUESTION THAT MAYBE YOU CAN GO AHEAD HELP ME WITH IF YOU DON'T MIND. NO, GO AHEAD. UM, IT WAS JUST STATED THAT THE PERIMETER LIGHTING WAS REDUCED FROM 17.5 FEET TO FIVE FEET, [00:25:01] UH, TO 10 FEET. IT'S TO 10 FEET. AND THAT'S WHAT'S IN THE A IS SO YEAH, I JUST WANNA CLARIFY THAT. OKAY. MR. CHAIRMAN, COULD I MAKE A COMMENT ABOUT DARK SKIES AS WELL? MR. MCCAIN? SURELY MAY. UH, IN 2019, THE LEGISLATURE MADE A MISTAKE AND ELIMINATED CITY'S POWERS TO ENFORCE THEIR DARK SKY ORDINANCES. AND THEN, SO IN 2000, AND THIS WAS DURING THE PERIOD OF TIME WHEN WE'RE DEALING WITH BUCKY'S AND TALKING ABOUT A FUTURE AMENDMENT, UH, OF THE 2016. AND SO IN 2021, THEY SORT OF FIXED THAT MISTAKE IN A WAY, UH, AND GAVE CITIES WHO SEEK STATUS AS A DARK SKY COMMUNITY. AND THERE'S A LOT OF CERTIFICATIONS REQUIRED IN THAT MR. BASS TO GIVE YOU A TWO HOUR SESSION ON HOW THAT WORKS, THE ABILITY TO ENFORCE THEIR DARK SKY ORDINANCE. SO FOR A PERIOD OF TIME, WE HAD NO AUTHORITY TO ENFORCE IT AND NEITHER DID ANY OTHER TEXAS CITY. SO WE WERE ACTUALLY STARTING AGAIN OVER IN NEGOTIATIONS IN 2021 ON THE DARK SKY LAW. OKAY. THANK YOU FOR THAT BACKGROUND. UM, HAVE YOU FINISHED COMMISSIONER FRIAR? YES. THANK YOU. IS THERE QUESTIONS? COMMENTS? GREAT. MR. HAR, YOU'RE GOOD, MR. SENIO? MR. BYRD? I'M GOOD. UM, MR. BASS, IF YOU WOULD, UM, , I'VE HEARD THE GRAPEVINE THAT YOU WERE VERY ADAMANT ABOUT SUGGESTING STRONGLY TO BUCKY'S THAT THE DIFFERENCE BETWEEN THEIR VESTED DARK SKY REQUIREMENTS AND OUR CURRENT REQUIREMENTS WASN'T THAT GREAT. AND THEY MIGHT AS WELL JUST GO ALONG WITH THE CURRENT REQUIREMENTS. SO THANK YOU IF THAT'S TRUE OR NOT, DON'T, DON'T ADMIT IT. I MEAN, JUST TO CLAIM VICTORY AND MOVE ON. BUT, UM, THANK YOU FOR, FOR, FOR NEGOTIATING SO PASSIONATELY ON BEHALF OF THIS COMMUNITY, FOR THOSE DARK SKY REQUIREMENTS. I MEAN, I THINK THAT'S GONNA MAKE A HUGE DIFFERENCE TO THOSE FOLKS WHO ARE HERE IN FROM INGERS SPRINGS AND ELSEWHERE IN THE COMMUNITY. UH, YOU SHOULDN'T SEE THIS GLARING LIGHT ON THE HORIZON FROM ANYWHERE IN BERNIE, REALLY. UM, AND THANK YOU FOR YOUR TENACITY AND YOUR DILIGENCE ON THAT ISSUE. YOU'RE WELCOME. AND THANK YOU ALSO, MR. CARROLL, FOR YOUR WORK ON, UH, THE TRAFFIC. I DON'T KNOW WHAT THE RESULT OF THE TRAFFIC STUDY IS YET, BUT, UH, I'M GLAD YOU TWO GUYS ARE DOING WHAT YOU'RE DOING FOR THE CITY AND THE WAY YOU'RE DOING IT. SO THANK YOU BOTH. APPRECIATE, I THINK IT DESERVES A ROUND OF APPLAUSE. I DO. UM, MY COMPUTER'S GOING ON THE FRITZ, SO I DON'T KNOW IF THERE'S ANYONE'S MADE A MOTION OR NOT. UM, IT'S UPDATING, IT WANTS ME TO KEEP THE COMPUTER ON, WHICH I CERTAINLY PROMISED TO DO. UM, BUT I DON'T KNOW ABOUT, UH, VOTING OR ACCEPTING A MOTION THE WAY IT IS. ANY SUGGESTIONS? FIX THAT. YOU CAN'T FIX THAT. OKAY. WELL TAKE A LITTLE BIT OF TIME. WELL, LET'S DO THIS, LET'S DO THE OLD FASHIONED WAY. IS, IS THERE A MOTION AT THIS TIME TO ZONE THESE 5.155 ACRES A CERTAIN WAY? AND IF YOU WOULD, IF YOU'VE GOT A MOTION, IF YOU'D MAKE THAT COMMISSIONER BYRD? YEAH, I MOVE THAT THE PLANNING AND ZONING COMMISSION ACCEPT THE FINDINGS AND RECOMMEND APPROVAL OF THE ZONING RATIFICATION TO C3. ALRIGHT. IS THERE A SECOND FOR THAT MOTION? COMMISSIONER SENNO HAS MADE A SECOND. ALRIGHT. IS THERE ANY FURTHER DISCUSSION AMONG THE COMMISSION? ALRIGHT, IF NOT, UH, THEN I'M JUST GONNA ASK FOR A SHOW OF HANDS. ALL IN FAVOR OF THE MOTION. RAISE YOUR HAND. ALL OPPOSED, MOTION PASSES UNANIMOUSLY. UM, FIVE IN FAVOR? NONE OPPOSED. LET THE RECORD REFLECT THAT, UH, COMMISSIONER KELLER HAS ABSTAINED FROM THIS BECAUSE OF HIS CONFLICT. UM, AND SO C YOU MAY COME BACK NOW 'CAUSE THE MATTER IS OVER WITH. AGAIN. THANK YOU, UH, TO MR. BA, MR. CARROLL, UH, AND TO MR. CRANE, MR. MCCAIN AS WELL FOR YOUR WORK ON THE BUCKYS. WE'LL LOOK FORWARD TO SEEING THE, UH, EXECUTOR AMENDMENT, UH, ONCE THE CITY COUNCIL APPROVES THAT. UM, AND THANK YOU ALL FOR COMING DOWN. UH, MR. MATHIS, MS. REER, UH, I THINK YOUR HUSBAND IS THERE AS WELL. I KNOW A NUMBER OF YOU HAVE BEEN ACTIVE IN THIS ISSUE AND CONTINUE TO BE AS YOU SHOULD BE. AND SO, UH, I GUESS THE NEXT STEP WOULD BE COUNCIL WILL TAKE UP THE PLANNING AND ZONING COMMISSION'S ZONING RECOMMENDATION THE NEXT FEW WEEKS. I GUESS THEY HAVE ONE MEETING IN NOVEMBER. NO. OR DECEMBER. THEY HAVE REGULAR TWO MEETINGS IN DECEMBER. JUST THE ONE, THAT'S WHAT, IT'S JUST ONE NEXT TUESDAY. SO WILL THEY TAKE THIS UP AT THEIR NEXT MEETING THEN THIS MONTH? NO, THIS WILL BE SCHEDULED FOR THE FIRST MEETING IN JANUARY. OKAY. FIRST MEETING IN JANUARY. SO COME ON BACK. COME ON BACK THEN. UM, BUT AGAIN, THANK YOU ALL FOR YOUR, YOUR ENGAGEMENT AND YOUR PARTICIPATION AND DILIGENCE ON BEHALF OF, UH, OUR COMMUNITY. UM, THERE [6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place] ARE NO FURTHER ITEMS ON THE AGENDA. I MEAN, UH, MR. CRANE, DO YOU HAVE ANY ITEMS TO, UH, BRING BEFORE US? NO SIR. DISCUSSION, MR. MCCAMEY? NO, SIR. ANY COMMISSION MEMBERS? I JUST WANTED TO SAY I, UH, WE GET A WEEKLY REPORT TO OUR SUMMARY FROM THE CITY MANAGER AND I NOTICED THAT MR. CRANE [00:30:01] AND MR. CARROLL ARE CELEBRATING THREE YEARS WITH THE CITY AND SIX YEARS. SO I WANT TO CONGRATULATE YOU. THANK YOU BOTH. CONGRATULATIONS. WE'LL GIVE THAT A ROUND OF APPLAUSE ALSO. THANK YOU, UH, COMMISSIONER, UH, HIGHLAND FOR BRINGING THAT. I, I MEANT TO DO THAT, BUT I COMPLETELY FORGOT. THANK YOU FOR DOING THAT. UH, ANYTHING ELSE? IF NOT, THIS MEETING IS ADJOURNED. I WISH EVERYONE A JOYS HOLIDAY SEASON. WE'LL SEE YOU AFTER THE HOLIDAYS BACK HERE, THE SECOND MONDAY IN JANUARY. IS THAT CORRECT, MR. CRANE? ALRIGHT. THANK YOU ALL. GOODNIGHT. THE SECOND MONDAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.