Feb 02, 2026 Planning and Zoning Commission on 2025-02-02 6:00 PM

FIRST ITEM, ANY CONFLICTS OF INTEREST AMONG THE COMMISSIONERS HERE PRESENT THIS EVENING? IF NOT, THEN WE'LL MOVE ON TO

PLEASE BE SEATED.

[2. CONFLICTS OF INTEREST]

[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)]

ITEM THREE, PUBLIC COMMENTS.

THIS IS A CHANCE FOR ALL OF YOU IN THE AUDIENCE THIS EVENING TO COME FORWARD AND SHARE YOUR THOUGHTS WITH THE PLANNING AND ZONING COMMISSION.

MR. MATHIS, WE'RE GONNA PULL WITH MY COMMISSIONER'S CONSENT ITEM FOUR B OFF OF CONSENT AND DO A REGULAR ITEM.

BUT YOU CAN COME SPEAK NOW IF YOU'D LIKE OR YOU CAN SPEAK AFTER THE STAFF PRESENTATION.

ALRIGHT, MR. MATHIS, COME FORWARD PLEASE AND THANK YOU FOR BEING HERE.

DANA MATHIS, 1 6 4 CREEK SPRINGS.

GOOD EVENING.

UH, THANK YOU FOR THIS OPPORTUNITY TO ADDRESS THE COMMISSION AGAIN, I'D LIKE TO, UH, BEGIN BY THANKING YOU FOR EACH OF YOU FOR YOUR LEADERSHIP OVER THE LAST MONTH.

IT'S CONTRIBUTED TO THE RENEGOTIATION OF THE BUCKYS AGREEMENT.

THANK YOU FOR LISTENING CAREFULLY TO ALL THE RESIDENT CONCERNS.

I HAVE SOME QUESTIONS TONIGHT REGARDING THE PLAT REVIEW ON THE AGENDA TONIGHT, AND I JUST ASK YOU TO ADDRESS THEM TONIGHT BEFORE THE VOTE.

UM, FIRSTLY, THERE'S BEEN A LOT OF CONFUSION OVER THE MONTHS, UH, REGARDING THE SIZE OF THE PARCEL FOR THIS DISCUSSION.

UH, IN THE PREVIOUS COMMISSION MEETINGS, ACREAGE WAS LISTED AS 5.1 ACRES AND THAT'S HOW IT WAS LISTED ON THE CITY COUNCIL AGENDA LAST WEEK, YET NOWHERE IN THE AGENDA SUMMARY PAGES, UH, 10 TO 19 IS THIS FIGURE MENTIONED.

IS IT CORRECT THAT THE 3.976 ACRES AND THE 1.19 ACRES MENTIONED IN THE REQUEST PARAGRAPH ON PAGE 11, MAKE UP THE 5.1 ACRES? THE ACREAGE IS LISTED ON PAGE 19 ONLY ADD UP TO 4.58 ACRES.

SO WHAT'S THE CORRECT SIZE? UM, IT'S PROBABLY JUST A CLARIFICATION .

SECONDLY, UM, THE ZONING FOR THIS PLAT PLACES IT IN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.

IT SAYS THAT ON PAGE 11.

SO WOULD YOU TALK TONIGHT ABOUT WHAT THE PRACTICAL IMPLICATIONS OF THAT ZONING ARE IN TERMS OF SIGNAGE AND LANDSCAPING, ET CETERA FOR THIS, UH, PARCEL? THIRDLY, ON PAGE 11, IT STATED THAT THE PLAT IS CONSISTENT WITH THE AMENDED AGREEMENT.

SO DOES THAT ENSURE THAT THIS PLAT MUST FULLY COMPLY WITH ALL THE DARK SKIES AND WATER CAPTURE REQUIREMENTS AS THE MAIN PLAT? AND CAN BUCKY'S PLACE A SECOND 40 FOOT PLUS PEDESTAL SIGN ON THIS PLAT? UM, AND THE LAST QUESTION IS, CAN BUCKY'S EVER RESTATE REINSTATE THE FOUR PAD SITE BUSINESSES ON THIS PLAT IN THE FUTURE? AND LASTLY, I HAD TWO REQUESTS, UH, FOR YOU TO CONSIDER TONIGHT RELATED TO THE TRAFFIC IMPACT ASSESSMENT PROTOCOL.

UH, WE'VE TALKED ABOUT THIS.

ANYONE WHO'S BEEN TO A BUCKY SITE KNOWS HOW CONGESTED THE TRAFFIC IS ON WEEKDAYS AND HOLIDAYS.

AND THE CITY STAFF DID SOME INVESTIGATION OF THESE NON WEEKDAY PEAK LOADS.

BUT THE TIA THAT WAS APPROVED FOR THE PROJECT DOES NOT INCLUDE ANY ANALYSIS OF PEAK WEEKEND OR HOLIDAY TRAFFIC.

THAT'S, UH, SPECIFICALLY CALLED OUT ON PAGE TWO, THE KIMBERLY HORN COVER LETTER.

IN ADDITION, WHILE THE CITY OF BERNIE ENGINEERING DESIGN MANUAL SAYS THAT LEVELS OF TRAFFIC SERVICE WORSE THAN GRADE C WILL GENERALLY NOT BE ACCEPTABLE AND HAVE TO BE MITIGATED AT SECTION FOUR, PAGE 64, THE APPROVED TIA INCLUDES LEVELS OF SERVICE SCORES OF D AND E.

THAT'S ON PAGE 23 OF THE TIA.

SO I'M NOT CRITICIZING THE EXECUTION OF THE BUCK EAST TIA, BUT I AM SAYING THAT OUR CURRENT TIA PROTOCOL IS INADEQUATE.

THIS BODY IS THE STEWARD OF THE UNIFIED DEVELOPMENT

[00:05:01]

CODE, WHICH SPECIFIES THE TRAFFIC IMPACT ASSESSMENT.

I'M REQUESTING THAT THE TIA REQUIREMENTS AND ACCEPTANCE LANGUAGE IN THE UDC BE REVISED AND STRENGTHENED.

AND I WOULD ALSO ASK THAT THE CITY VERIFY THAT THE BUCKYS TIA SIX MONTHS AFTER THE STARTUP OF THE FACILITY TO SEE IF THE ANALYSIS WAS CORRECT.

THANK YOU FOR ADDRESSING THESE QUESTIONS AND CONSIDERING THESE REQUESTS.

THANK YOU MR. MATHIS FOR COMING DOWN TODAY.

ANYONE ELSE WHO'D LIKE TO SPEAK DURING THE PUBLIC COMMENTS PORTION, PLEASE COME FORWARD.

IF NOT, THEN WE'LL MOVE ON TO THE AGENDA.

FIRST

[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.]

ITEM IS CONSENT.

AGENDA ITEM FOUR AGAIN WITH MY COLLEAGUES CONCURRENCE LIKE TO PULL FOUR A OFF, UM, OR FOUR B OFF FOUR AS MINUTES FOUR B OFF FOR INDEPENDENT CONSIDERATION.

WOULD THAT BE ACCEPTABLE TO ALL? YES.

ALRIGHT, THANK YOU.

THEN WHAT'S LEFT ON CONSENT IS THE MINUTES FROM LAST MONTH.

IS THERE A MOTION TO APPROVE THE CONSENT AGENDA AND APPROVE THE MINUTES FROM LAST MONTH? SO MOVED BY COMMISSIONER BYD, SECONDED BY COMMISSIONER KATES.

ALRIGHT, ANY DISCUSSION? ALL IN FAVOR, VOTE ACCORDINGLY AND WE'LL SEE THE RESULTS AND THOSE MINUTES ARE APPROVED UNANIMOUSLY.

ALRIGHT, MOVING ON TO

[4.B. 2026-019 CONSIDER APPROVAL FOR BUC-EE'S #41A MAJOR SUBDIVISION PLAT, CONTAINING A PORTION OF THE "IH-10 SURPLUS NORTH" TRACT, GENERALLY LOCATED AT 33365 INTERSTATE 10 W, BOERNE, TEXAS, 78006.]

ITEM FOUR B, WHICH HAS NOW BECOME PART OF THE REGULAR AGENDA TO CONSIDER APPROVAL FOR BUCKY'S NUMBER 41, A MAJOR SUBDIVISION PLAT CONTAINING A PORTION OF THE IH 10 SURPLUS NORTH TRACK.

GENERALLY LOCATED AT 3 3 3 6 5 INTERSTATE, 10 WEST, BERNIE, TEXAS.

AND MS. LINDER, IF YOU COULD, UH, TRY TO ADDRESS SOME OF THE QUESTIONS THAT MR. MATHIS HAS RAISED WITH RESPECT TO THE SIZE OF THE PARCEL, THE IMPLICATIONS OF THE SCENIC INTERSTATE OVERLAY DISTRICT ON THIS PARCEL, COMPLIANCE WITH THE NEW AMENDMENT, ET CETERA.

THAT'D BE VERY HELPFUL TO US ALL.

WILL DO.

THE TIA FOR THIS SITE WAS APPROVED BY THE CITY OF BERNIE EARLIER THIS YEAR.

GOOD EVENING BOARD.

UM, MY NAME IS FRANKIE LINDER AND I'M WITH THE CITY OF BERNIE'S PLANNING DEPARTMENT.

UM, SO FIRST WE'LL GO OVER A LITTLE BACKGROUND ON THE REQUEST HERE.

WE HAVE A LOCATION MAP, UH, FOR BUCKY'S NUMBER 41, A MAJOR SUBDIVISION PLAT.

UH, THIS PROPERTY IS OWNED BY BUCKY'S, LTD, UH, ROBERT LEWIS PE OF KIMBERLY HORN SERVES AS THE APPLICANT'S REPRESENTATIVE.

UH, THE DEVELOPMENT AGREEMENT FOR THIS, UH, FULL PROJECT WAS APPROVED BY CITY COUNCIL ON AUGUST UH, NINTH, 2026.

I'M SORRY, EXCUSE ME, 2016.

UH, AND IN OCTOBER OF 25, UH, CITY COUNCIL AUTHORIZED THE CITY MANAGER'S OFFICE TO NEGOTIATE THE FIRST AMENDMENT.

UH, THAT AMENDMENT WAS APPROVED RECENTLY ON THE JANUARY 27TH, 2026, UH, CITY COUNCIL MEETING.

ALSO FINALIZED AT THAT MEETING WAS THE ZONING RATIFICATION, WHICH DID INCLUDE, UH, THIS SITE AS WELL AS SOME ADJACENT SITE.

UH, WE DID ADD THIS IN TO SHOW YOU IN RELATION TO THE RECENT, UH, BUCKY'S PLAT.

THAT'S BUCKY'S NUMBER 41 PLAT.

AND YOU CAN SEE THEY ARE, UH, ADJACENT TO EACH OTHER HERE.

THIS PROPERTY IS WITHIN THE AUTO ORIENTED COMMERCIAL AREA ON OUR FUTURE LAND USE MAP, WHICH WE WOULD EXPECT ALONG THE I 10 CORRIDOR.

AND AS YOU CAN SEE THROUGH MUCH OF THIS AREA, THIS PROPERTY IS ZONED C3 COMMUNITY COMMERCIAL ZONING DISTRICT AND IT IS WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT.

THIS OVERLAY DISTRICT, UM, REGULATES MANY THINGS FROM SIGNAGE TO, UH, SCREENING AND LANDSCAPING AND BUFFERING.

ALL OF THOSE WOULD COME INTO PLACE FURTHER IN THE PROCESS.

IT WOULD NOT AFFECT THE PLAT ITSELF, IT WOULD BE PART OF THE, UH, PERMITS.

HERE IS OUR ENVIRONMENTAL CONSTRAINTS MAP.

THERE ARE NO, UH, CONSTRAINTS ON THIS PROPERTY.

UH, NO DRAINAGE WAVE PROTECTION ZONES AND UH, NO FLOODPLAIN.

AND HERE IS THE PROPOSED PLAT FOR BUCKY'S NUMBER 41 A.

UH, THIS DOES INCLUDE TWO NON-RESIDENTIAL LOTS.

THE ACREAGE IS 3.976 ACRES, UM, OF LAND.

THIS REPRESENTS AN AVERAGE DENSITY OF 1.988 ACRES PER LOT.

THE LARGEST LOT, WHICH IS LOT FOUR HERE IS 2.98 ACRES.

UM, AND REPRESENTS THE CORE OF THE PROPOSED DEVELOPMENT.

THE SMALLER LOT IS LOT FIVE, WHICH COMES IN JUST UNDER ONE ACRE.

UM, AND THIS IS, UH, CONSISTS MOSTLY OF DRAINAGE EASEMENTS FROM THE IH 10 FEEDER ROAD.

THIS PROPERTY, UH, WILL HAVE PRIMARY ACCESS THROUGH BUCKY'S WAY, WHICH IS A PRIMARY COLLECTOR.

[00:10:02]

UH, IT ALSO INCLUDED THE, UH, REST OF THE BUCKYS PROJECT.

THE CITY OF BURN ALSO APPROVED THE OCS FOR THIS SITE AND WILL BE PROVIDING, UH, SEWER AND WATER SERVICE TO THIS PROPERTY WHILE BANDERA ELECTRIC, UH, WILL BE PROVIDING ELECTRICITY.

IF THE COMMISSION, UH, COMMISSION CHOOSES TO RECOMMEND APPROVAL, STAFF RECOMMENDS THE INCLUSION OF THE FOLLOWING STIPULATIONS THAT THE RECORDED PLAT SHALL SUBSTANTIALLY CONFORM WITH THE, UH, FINAL PLAT DATE STAMPED JANUARY 22ND, 2026.

AND THAT THE FINAL PLAT SHALL NOT BE RECORDED UNTIL ALL CLERICAL CORRECTIONS HAVE BEEN REVIEWED AS DETERMINED BY THE PLANNING DIRECTOR.

AND HERE ARE THE MOTIONS FOR YOUR CONSIDERATION.

OKAY, THANK YOU.

SO, UH, THE PARCEL, THE PLAT PARCEL IS 3.976 ACRES.

COULD YOU GO BACK TO THAT? 'CAUSE IT APPEARS TO ME THAT WE'RE NOT PLATING ALL OF THE ACREAGE THAT BUCKY'S OWNS, THAT THEY PURCHASED FROM TXDOT.

IS THAT CORRECT? THAT IS CORRECT.

YOU CAN SEE OVER HERE THERE IS BUCKY'S WAY THAT HAS ALREADY BEEN UM, UH, PROVIDED AS A ROAD.

SO THE BUCKY'S WAY THROUGH THE, IF WE GO BACK AND LOOK AT THIS MAP, THE BUCKY'S WAY IS RIGHT HERE BETWEEN UM, A PORTION OF THE TDOT TRACK AS WELL AS THE MAIN BUCKY SITE.

SO THAT IS WHY YOU CAN SEE A DIFFERENCE IN THE ACREAGE.

ALRIGHT, THAT ANSWERS THAT QUESTION.

UM, TALK ABOUT THE PRACTICAL IMPLICATIONS IF YOU WOULD, OF THIS PARCEL THAT IS BEING FOREST TODAY TO PLAT ITS LOCATION WITHIN THE SCENIC INTERSTATE OVERLAY CORRIDOR DISTRICT.

CAN YOU BE MORE SPECIFIC WITH YOUR QUESTION? I MEAN, THERE'S NOTHING IN THIS PLAT THAT WOULD BE GRANDFATHERED THAT HAS VESTED RIGHTS PRIOR TO OUR ADOPTION SEVERAL YEARS AGO OF THE NEW UDC, WHICH INCLUDED THE SCENIC INTERSTATE OVERLAY CORRIDOR DISTRICT.

CORRECT.

IT WILL HAVE TO FOLLOW THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT REQUIREMENTS.

IT WILL HAVE TO BE DARK SKY COMPLIANT, ET CETERA, ET CETERA.

IN ALL THE THINGS THAT ARE IN EXISTENCE TODAY, IT WILL HAVE TO COMPLY WITH CORRECT? CORRECT.

UM, ONE BIG QUESTION THAT'S LURKING OVER ALL OF THIS IS, I GUESS MR. MCCAMEY CAN SPEAK TO THIS IF YOU DON'T KNOW, BUT HAS BUCKY'S EXECUTED THE AMENDMENT? I'M UNAWARE OF THAT.

MR. MCCAMEY, DO YOU KNOW? I'M NOT CERTAIN.

I KNOW THAT THEY WERE HERE TO EXECUTE.

I DON'T KNOW IF IT HAPPENED.

I UNDERSTAND MR. CARROLL.

THIS WEEK OR LAST.

AND, AND THE REASON I ASK IS A PRETTY BIG ONE BECAUSE IF THE AMENDMENT HASN'T BEEN EXECUTED, THEN THE EXHIBIT TO THE CURRENT DEVELOPMENT AGREEMENT IN FORCE SHOWS THESE, THIS PARCEL IS BEING RETAIL PAD SITES AS OPPOSED TO A PARKING LOT.

THAT'S KIND OF A CRITICAL FACT.

WHO KNOWS WHETHER OR NOT THAT AMENDMENT HAS BEEN EXECUTED OTHERWISE WE'RE APPROVING A PLAT THAT'S INCONSISTENT WITH CURRENT CITY AGREEMENT.

WELL REMEMBER THAT THE PAD SITES WERE ALWAYS OPTIONAL AND NEVER REQUIRED UNDER THE AGREEMENT EVER.

SO THE ORIGINAL AGREEMENT, THEY DIDN'T EVER HAVE TO BUILD THOSE.

SO WE CAN FIND OUT IF IT WAS .

YEAH, I THINK IT'S IMPORTANT TO KNOW.

I, I MEAN, DOES ANYONE ELSE AGREE OR IS DOES IT NOT MATTER TO THE COMMISSION AS A WHOLE? I THINK IT'D BE, I THINK IT'S IMPORTANT TO KNOW, UM, WHILE WE'RE TRYING TO FIGURE OUT THAT ASPECT, UM, THIS IS A MAJOR SUBDIVISION PLAT AS YOU KNOW, MS. LINDER.

AND THERE ARE SEVEN DIFFERENT CRITERIA THAT WE HAVE TO LOOK AT WHEN APPROVING A MAJOR SUBDIVISION PLAT.

ONE OF WHICH, UH, INVOLVES WHETHER OR NOT THE VEHICULAR AND PEDESTRIAN SYSTEM IS CONSISTENT WITH ADOPTED TRANSPORTATION PLANS, INCLUDING THE MAJOR THOROUGHFARE PLAN, THE STREET LAYOUT STANDARD SET FORTH IN THE UDC.

I KNOW THAT WE'VE ALREADY SAID THAT THIS IS A PRIMARY COLLECTOR BUCKY'S WAY WILL BE.

UM, AND EVENTUALLY WE'LL LINK IT'S ON THE MAJOR THIRD FAIR PLAN.

AND WE'LL LINK WITH ANOTHER STREET THAT GOES WEST BACK TOWARDS, IS IT, UM, OLD DCON IS IT? WHICH, WHICH T PARK REGION PARK COMING THROUGH REGION PARK.

THANK YOU FOR REMINDING ME THAT COMMISSIONER FRIAR, ANOTHER, UH, APPROVAL CRITERIA IS WHETHER THE PROPOSED SUBDIVISION WILL HAVE A DETRIMENTAL IMPACT ON THE SAFETY EXERCISE OF PERMITTED USES ON ADJACENT PROPERTIES.

I THINK THIS BODY'S RAISED BEFORE THE SAFETY CONCERN OF HAVING 200 PLUS EMPLOYEES TRAVERSING BUCKY'S WAY TO GET TO WORK EVERY DAY.

THAT'S 400 PLUS TRIPS ACROSS BUCKY'S WAY, WHICH LIKELY WHEN THIS IS OPEN TO BE ONE OF THE BUSIEST STREETS IN THE CITY, HAS ANY PROVISION BEEN MADE TO ENSURE THE SAFETY OF THOSE EMPLOYEES CROSSING BUCKY'S WAY TO GET TO WORK EVERY DAY FROM THE PARKING LOT THAT'S SUPPOSED TO BE BUILT HERE? THAT

[00:15:01]

WOULD NOT TYPICALLY BE SOMETHING REGULATED IN A PLAT.

THAT WOULD BE SOMETHING THAT WOULD BE REGULATED DURING THE DEVELOPMENT, EVEN THOUGH IT'S A SAFETY ISSUE IN OUR CRITERIA SAYS WE'RE SUPPOSED TO TAKE INTO ACCOUNT SAFETY ISSUES.

MR. KING, ANY THOUGHTS ON THAT? BECAUSE I MEAN, MR. KEWELL COME FORWARD IF YOU WOULD PLEASE, BECAUSE WE'VE EXPRESSED BEFORE CONCERNS ABOUT, YOU KNOW, 400 TRIPS ACROSS BUCKY'S WAY ON DAILY BASIS, WHICH IS GONNA BE ONCE IT CONNECTS UNDER THE MAJOR THOROUGHFARE PLAN AND ONCE THE BUCKY'S BUSINESS IS OPEN, ONE OF THE BUSIEST STREETS IN TOWN.

SO AS AS MENTIONED, THE CONSTRUCTION PLANS FOR BUCKY'S WAY WERE APPROVED, THE APPROVED PLANS SHOW FOR A PAINTED CROSSWALK, UM, WITH SIGNS, ADVANCED WARNING SIGNS UP AND DOWN FORWARDS ON THE BUCKY'S WAY DEAL.

UM, AND SO ALSO I'M AWARE OF TWO OR THREE OTHER BUCKY'S THAT HAVE PARKING LOTS ACROSS THE MAJOR ROAD.

AND WHAT THEY TOLD US AT ONE POINT WAS THEY WOULD HAVE LIKE A SHUTTLE OR SOMETHING.

SO NOT ALL OF THEM WOULD NECESSARILY BE WALKING BACK AND FORTH ACROSS, UM, FOR THE TIME BEING WHEN IT'S A DEAD END ROAD FOR, IT COULD BE A COUPLE YEARS, IT COULD BE 10 YEARS, BUT FOR THE TIME BEING IT'S GONNA BE A DEAD END ROAD, WHICH WILL BE JUST KIND OF BUCKY'S TRAFFIC.

UM, EVENTUALLY IF THE ROAD DOES CONTINUE, THERE'S TWO OTHER LANDOWNERS BEFORE IT DOES CONNECT TO REGENT PARK.

IF THAT DOES CONTINUE IN THE FUTURE, THEN WE'LL BE LOOKING MORE AT A MID-BLOCK CROSSING SCENARIO WHERE TYPICALLY WE MIGHT HAVE TO GO BACK AND LOOK AT PUTTING ADDITIONAL LIGHTS OR FLASHING BEACONS OR SOMETHING ELSE THERE.

BUT TODAY, FOR MANY, MANY YEARS IT'S POTENTIALLY JUST A DEAD END ROAD WITH JUST BUCKY'S TRAFFIC.

YEAH, I AGREE.

TODAY IT'S NOT AN ISSUE BUT IT MIGHT BE IN THREE OR FOUR YEARS.

SO HOW DO WE ADDRESS THAT ISSUE IN THREE OR FOUR YEARS? SO THAT WOULD BE SOMETHING THAT WE COULD LOOK AT IN THE FUTURE.

TIAS OF WHATEVER HAPPENS IN THAT AREA AROUND THERE.

IT'S SOMETHING WITH OUR TIA PROCESS.

WE CAN LOOK AT INTERSECTIONS AND CROSSWALKS UP TO TWO MILES FROM ANY PROJECT.

SO THAT'D BE SOMETHING IF A LARGE COMMERCIAL DEVELOPMENT WERE TO HAPPEN ON THAT PROPERTY, IT'D BE SOMETHING THAT WE COULD LOOK AT AS PART OF THAT REVIEW.

IS IS, IS THAT A CONDITION MR. MCKIM GUESS I SHOULD ASK YOU 'CAUSE I'M CONCERNED ABOUT FUTURE RIGHT HERE, SITTING TODAY, A DEAD END DOESN'T POSE A RISK I DON'T THINK.

I MEAN YOU'D HAVE TO BE, YOU KNOW, PLAYING FROGGER ON A DEAD END TO HAVE ANY IMMINENT THREAT OF HARM OR DANGER.

BUT I'M WONDERING WHAT HAPPENS IN THE FUTURE WHEN UNDER OUR MAJOR THOROUGHFARE PLAN, THAT ROAD GOES COMPLETELY THROUGH TO REGION PARK AND THIS CAN BECOME A VERY BUSY BOULEVARD.

HOW DO WE ENSURE YEARS FROM NOW THIS IS NOT AN ISSUE? WELL THAT'S, THAT'S REALLY NOT A PLATTING ISSUE.

THAT REALLY IS AN ISSUE ABOUT ENFORCEMENT OF OUR THOROUGHFARE PLAN.

CONSTRUCTION PLANS, AS JEFF MENTIONED, ARE USUALLY DONE FINAL CONSTRUCTION PLANS IN ASSOCIATION WITH THE FINAL, AFTER THE FINAL PLAN'S APPROVED.

AND THEN IF THERE ARE NEED FOR EXPANSION OF ROADWAYS, THEN WE HAVE TO DEAL WITH PROPERTY OWNERS IMMINENT DOMAIN AND SO FORTH AS WE GO.

SO THAT OCCASIONALLY HAPPENS, BUT IT'S REALLY, WE DON'T REALLY HAVE TO DESIGN ROADS FOR THE, AND THE SUBDIVISION ORDINANCE FOR FUTURE TIAS ONLY FOR THE CURRENT ANTICIPATED.

SO THEN THAT, THAT CRITERIA NUMBER ROMAN AT FIVE WHERE IT SAYS PROPOSED SUBDIVISION WILL NOT HAVE DETRIMENTAL IMPACTS ON THE SAFETY OR EXERCISE OF PERMITTED USES ON ADJACENT PROPERTIES SHOULD JUST BE TESTED AS OF TODAY'S DATE, NOT A FUTURE DATE AS OF THE DATE OF THE FILING OF THE FINAL PLAT UPON.

THAT'S ALL WE CAN REGULATE.

AND AFTER THEY WENT TO SOMEPLACE.

UH, MR. CARROLL, UM, THANK YOU.

THERE WAS A QUESTION ABOUT THE TIA, WHICH I'VE NOT SEEN ACTUALLY, BUT UM, I KNOW YOU'RE FAMILIAR WITH IT.

DID IT TAKE INTO ACCOUNT HOLIDAY OR WEEKEND TRAFFIC? SO THE, THE CODE AS WRITTEN CITY OF BERNIE CODE, WE LOOK AT PEAK HOUR TRAFFIC ON A REGULAR MONDAY THROUGH FRIDAY RUSH HOUR.

AND OUR CODE ALSO REQUIRES PEOPLE LOOKING AT SATURDAY SUNDAY CODES.

THERE'S MANY CITIES INCLUDING THAT LARGE CITY SOUTH OF US THAT DOESN'T EVEN LOOK AT WEEKENDS.

OUR, OUR CODE DOES LOOK AT WEEKENDS AS WELL, BUT WHEN IT COMES TO CHRISTMAS DAY OR THE DAY BEFORE THANKSGIVING WAS TWO OR THREE DAYS A YEAR WHEN INTERSTATE TRAFFIC IS EXPONENTIALLY HIGHER, OUR CODE DOESN'T HAVE ANYTHING IN THERE TO ACCOUNT FOR THOSE TWO DAYS OR THREE DAYS OF THE YEAR WHERE INTERSTATE TRAFFIC IS SIGNIFICANTLY HIGHER.

THAT IS SOMETHING THAT WE LOOKED AT IN THE STAFF REVIEW OF THE TIA I'VE TALKED BEFORE THAT THE CITY, UH, SUBSCRIBES TO A SOFTWARE CALLED PLACER WHERE WE, IT'S HOW THE CITY TELLS HOW MANY PEOPLE SHOWED UP FOR DICKENS.

IT'S A SOFTWARE FOR COMMERCIAL, UM, PEOPLE THAT CAN USE CELL PHONE DATA TO SEE HOW MANY PEOPLE ARE COMING AND GOING.

BUT IT ALSO ALLOWS US TO LOOK AT ORIGIN AND DESTINATION OF WHERE PEOPLE WERE BEFORE

[00:20:01]

AND SO I SPENT SOME TIME AND OUR STAFF SPENT SOME TIME LOOKING AT MANY OF THE OTHER BUCKY'S THAT WERE IN THE STUDIED AREAS OR WHAT THE REPORT USED AS REFERENCES.

'CAUSE IF YOU, IF YOU RECALL PAST CONVERSATIONS THAT I MADE, BUCKY'S CAME UP WITH THEIR OWN CUSTOM TRAP TRIP, EXCUSE ME, TRIP GENERATION RATE.

SO IT DOESN'T REALLY APPLY.

IT'S NOT A NORMAL GAS STATION, IT'S NOT A NORMAL SHOPPING CENTER.

UM, SO WHAT THEY DID IS THEY LOOKED AND STUDIED FIVE OTHER BUCKY'S AND CREATED THEIR OWN CUSTOM TRAFFIC GENERATOR.

AND SO WHEN WE WENT AND STUDIED THOSE FIVE USING OUR PLACER DATA, IT ALL KIND OF CHECKED, EVEN THOUGH THOSE WERE A HANDFUL OF YEARS OLD.

UM, WE WERE ABLE TO CHECK THAT DATA.

BUT YES, THANKSGIVING DAY, DAY BEFORE, DAY AFTER CHRISTMAS, AND SOMETIMES SOME LOCATIONS, UH, SPRING BREAK WEEK TRAFFIC, INTERSTATE TRAFFIC WAS MUCH HIGHER.

IN GENERAL, MOST OF THESE BUCKYS ARE ON THE INTERSTATE.

80 90% OF THE TRAFFIC THAT GOES TO THE BUCKYS IS PEOPLE FROM THE INTERSTATE.

THERE WILL BE SOME PERCENTAGE OF PEOPLE FROM TOWN GOING TO BUCKY'S, BUT THE VAST MAJORITY WILL BE INTERSTATE TRAFFIC.

SO WHEN THE INTERSTATE TRAFFIC IS HIGHER, YES, IT'S POTENTIALLY THAT THE BUCKY'S TRAFFIC COULD BE HIGHER AS WELL.

AND OUR, OUR CODE DOESN'T CAPTURE THOSE COUPLE PEAK DAYS OF THE YEAR.

IT'S MORE TRADITIONALLY THAT MONDAY THROUGH FRIDAY, EIGHT TO FIVE, THOSE RUSH HOUR IS WHAT OUR CODE IS BASED OFF.

AND THAT'S KIND OF THE INDUSTRY STANDARD IS TO CHECK RUSH HOUR.

UM, AND THAT'S, IT WAS REAL INTERESTING TO GO AND LOOK THAT IF YOU EVER REALLY WANNA GO TO BUCKY'S, GO ON MONDAY, TUESDAYS THAT THE TRAFFIC VOLUME IS SIGNIFICANTLY LOWER THAN WEDNESDAY THURSDAYS AND THEN IT'S FRIDAY, SATURDAY, SUNDAYS ARE THE HIGHS.

UM, BUT WE SPENT A LOT OF TIME LOOKING INTO THAT, BUT, UM, CORRECT OUR CODE DOES NOT ACCOUNT FOR THOSE COUPLE PEAK DAYS OF THE YEAR.

UM, WELCOME COMMISSIONER.

I DON'T HAVE ANOTHER QUESTIONS.

HOLLER.

WHICH WE ALL KNOW IS VERY FRIGHTENING.

A APOLOGIZE FOR BEING LATE.

UM, MR. CARROLL, ONE QUESTION I HAVE, THERE'S BEEN SOME PREVIOUS, UM, CONSIDERATIONS THAT THIS COMMISSION, UM, HAS CONSIDERED PARTICULARLY STARBUCKS.

AND WE TALKED A LOT ABOUT A TURN LANE AND, UH, TRIP GENERATION AND I VIVIDLY REMEMBER A ASKING THE QUESTION, BUT THEN ALSO IT SEEMED PECULIAR AT THE TIME THAT SUNDAY WAS USED.

UM, TRADITIONALLY THE DAY OF SUNDAY, UM, WAS USED TO IN A, IN A TIA WORKSHEET TO DETERMINE, UM, IF A TIA WAS NEEDED.

UM, DOES THAT NOT CARRY OVER TO THE ACTUAL TIA ITSELF AND USING THE DAY SUNDAY? UM, KIND OF LIKE WHAT WE DISCUSSED ON THAT ITEM, ON THAT AGENDA ITEM.

YES, IT DOES.

AND SO AGAIN, OUR, OUR CODE REQUIRES YOU TO LOOK THE MONDAY THROUGH FRIDAY OR THE SATURDAY OR THE SUNDAY.

UM, SO WE DO HAVE SOME USERS IN TOWN, SURPRISINGLY.

H-E-B-H-E-B TYPICALLY IS A SATURDAY PEAK.

MOST OF OUR BUSINESSES IN BERNIE OR MONDAY THROUGH FRIDAY PEAKS THOUGH.

UM, BUT SOME EXAMPLES ARE THE PARK, THE KIDS PLAY SOCCER, LIKE THAT'S GONNA BE BUSY ON SATURDAY AND SUNDAY AND NOT NECESSARILY MONDAY THROUGH FRIDAY.

UM, BUT WHEN YOU LOOK AT, YOU'RE COMPARING THE TRAFFIC THE SITE IS GENERATING VERSUS THE BACKGROUND TRAFFIC OF THE ROADWAY SYSTEM.

AND SO WHAT HAPPENS ON SOME THINGS IS, LET'S SAY A CHURCH, FOR EXAMPLE, THE CHURCH IS GONNA HAVE A LOT OF TRAFFIC ON, MOST CHURCHES WILL HAVE A LOT OF TRAFFIC ON SUNDAY MORNINGS.

BUT THE BACKGROUND TRAFFIC OF THE EXISTING ROADS WAYS ARE PRETTY MINIMAL.

A LOT OF TIMES ONLY THE CHURCH PEOPLE ARE OUT DRIVING AROUND, NOT EVERYONE ELSE, AS OPPOSED TO A COFFEE SHOP ON MONDAY THROUGH FRIDAY WHEN EVERYONE IS OUT GOING TO WORK AND THEN THEY'RE ALSO GOING AND GETTING COFFEE.

SO IT'S KIND OF A, A TRAFFIC SCENARIO WHERE THE TRAFFIC GENERATOR OF THE USE IS ALSO VERY SIMILAR TO THE TRAFFIC GENERATOR WHERE YOU SEE OUR PEAK TIMES, WHICH HERE IN BURN SPECIFICALLY IT'S SCHOOL.

LIKE IF YOU NOTICED ON THE WINTER BREAK OR THE SUMMER BREAKS, OUR TRAFFIC IS DIRECTLY IMPACTED BY THE SCHOOL TRAFFIC AND THAT'S LOTS OF PLACES BUT US EVEN THAT MUCH MORE.

UM, SO I DON'T KNOW IF THAT ANSWERED YOUR QUESTION.

YEAH.

I GUESS AT THE TIME MY CONCERN WAS THAT WE WERE USING SUNDAY AS A TRIGGERING FACTOR TO DETERMINE IF A TIA WAS NEEDED.

AND WE ALL KNOW STARBUCKS IS PROBABLY BUSIER ON THE WEEKDAY.

I THINK I MADE THE COMMENT AT THE TIME, I'D RATHER HAVE MY OWN COFFEE AT HOME ON SUNDAY, THEN THEN GO TO STARBUCKS.

THAT'S JUST ME.

AND SO I WAS TRYING TO UNDERSTAND THAT SUNDAY BEING USED, BUT WE MAY NOT BE USING THAT HERE IN THIS CASE.

AND SO, NO, AGAIN, THAT'S WHY I WAS TRYING TO, IT'S WHAT THE PEAK, WHAT THE, THE CODE SAYS WHAT THE TRIP GENERATION FOR EACH PARTICULAR USE EVERY USE THANK YOU IS DIFFERENT.

ANYTHING ELSE? COMMISSIONER TER CHRISTOPHER? SO I WANNA GO BACK TO THE CONVERSATION ABOUT SAFETY AND, AND CROSSWALKS.

AND I FEEL LIKE EVERY CONVERSATION THAT WE HAVE, WHETHER IT'S IN SOBO, GETTING FROM ONE SIDE OF HEAR F TO THE OTHER OR MAIN STREET PLAYING FROGGER ON THE WEEKENDS,

[00:25:01]

AND THEN BECKY'S THE, I FEEL LIKE THE CROSSING SITUATION IS NOT OUR, OUR PUBLIC SAFETY IS NOT A PRIORITY.

AND I DON'T UNDERSTAND WHETHER THAT'S BECAUSE THAT'S THE WAY OUR CURRENT UDC READS IS THAT, IS THAT LEGISLATION THAT IS BINDING US.

LIKE WHERE, WHERE IS IT THAT WE CAN SAY THAT WE NEED TO BE MORE CONSCIENTIOUS AND MORE AGGRESSIVE ABOUT A CROSSWALK IS INSIGNIFICANT.

PEOPLE DON'T USE 'EM, DRIVERS DON'T SEE THEM, THEY DON'T STOP, THEY DON'T CARE.

THERE'S A MILLION REASONS WHY THEY'RE NOT THE MOST EFFICIENT.

I'VE BEEN WALKING THE TRAILS AND THEN MY OFFICE IS ON BLANCO, SO I UNDERSTAND THAT CROSSING, WHICH I THINK IS BETTER THAN OTHERS.

BUT AT THE SAME TIME WE HAVE CROSSWALKS AND LIGHTS AND THE THE WALK DON'T WALK THINGS ON MAIN AND UM, AT THE PLAZA THERE.

BUT THE FRIGHTENING PART ABOUT THAT, AND I HAVE THIS CONVERSATION 'CAUSE I HAVE YOUNG ADULT DRIVERS ALL THE TIME, IS A LOT OF PEOPLE ARE COMING DOWN BLANCO TOWARDS THE PLAZA TURNING LEFT ON MAIN.

WE HAVE THE LEFT LIGHT TO TURN AND GUESS WHAT? SO DO THE WALKERS.

THAT IS A NIGHTMARE OF A SITUATION.

I'VE ACTUALLY BEEN REAR-ENDED IN THAT INTERSECTION.

I'VE, I'VE SEEN SOMEONE REQUESTING IT 'CAUSE OF THIS SITUATION.

I HAD TO STOP BECAUSE OF A PEDESTRIAN.

THE GUY BEHIND ME DIDN'T.

IT'S A DISASTER.

SO WHAT, WHAT CAN WE DO FROM A PROCESS STANDPOINT TO MAKE PEDESTRIAN SAFETY A BIGGER PRIORITY WITH BETTER SOLUTIONS? IT'S A GREAT QUESTION AND A GREAT TOPIC.

AND I KNOW WE DO HAVE LOTS OF PEDESTRIANS HERE IN TOWN, BUT OUR, OUR MASS OF PEDESTRIANS IS NOT THE SAME AS DOWNTOWN SAN ANTONIO OR BROADWAY.

AND KIND OF THAT PORTIONS OF ALAMO HEIGHTS AND A LOT OF THE TRAFFIC RULES.

AND YOU GO BY TXDOT OR FHWA GUIDANCE ON WHAT TYPE OF DEVICE YOU PUT AT AT LOCATION IS BASED ON THE VOLUME OF PEOPLE CROSSING.

UM, AND SO THAT'S THE, THE INDUSTRY STANDARD FOR GUIDANCE AND WHY THE RIVER ROAD CROSSING IS THE PUSH BUTTON BLINKY YELLOW LIGHT BECAUSE ONLY SO MANY PEOPLE CROSS AT THAT LOCATION.

BUT THEN THE BLANCO NUMBER NINE CROSSING IS THE FANCIER HAWK SIGNAL.

BECAUSE WE HAD THAT MANY, WE HAD SIGNIFICANTLY MORE PEOPLE USING THAT LOCATION.

SO THAT ALLOWS YOU TO GO INTO THAT HIGHER LEVEL.

AND SO THERE'S ABOUT FIVE DIFFERENT LEVELS OF TREATMENTS THAT YOU CAN DO AT A LOCATION BASED ON THE NUMBER OF PEOPLE.

'CAUSE IF WE WERE TO GO PUT, IT'S NO DIFFERENT THAN PUTTING A TRAFFIC SIGNAL AT EVERY SINGLE INTERSECTION IN TOWN.

IT'S NOT NEEDED.

THERE'S SOME INTERSECTIONS THAT NEED A TRAFFIC SIGNAL.

THERE'S OTHER INTERSECTIONS IN THE MIDDLE OF YOUR NEIGHBORHOOD THAT DON'T NEED A TRAFFIC SIGNAL.

IT'S KIND OF THAT SAME SCENARIO AS THE MORE AND MORE PEDESTRIANS WALK AT A LOCATION, YOU PUT A DIFFERENT LEVEL OF TREATMENT.

WE ALSO CURRENTLY, KIND OF A GOOD SEGUE, WE ARE CURRENTLY, WE, WE RECEIVED A FEDERAL GRANT FOR SAFE STREETS FOR ALL SS FOUR A GRANT.

SO IT'S ACTUALLY A PROJECT WE'RE WORKING ON RIGHT NOW.

WE HAD A TASK FORCE OF SEVERAL CITIZENS AND COUNCIL MEMBERS, UM, LOOKING AT PEDESTRIAN SAFETY.

I'M ACTUALLY PRESENTING TO COUNCIL AT IT WAS GONNA BE THIS WEEK, NOW IT'S NEXT WEEK AT THE WINTER WORKSHOP.

UM, SO WE'RE LOOKING AT A, WE HAVE A GRANT THAT WE'RE STUDYING DOWNTOWN MAIN STREET, RIVER ROAD PEDESTRIAN SAFETY.

AND THIS IS A, THIS IS A PLANNING GRANT, WHICH IS A FEDERAL GRANT THAT LETS YOU PLAN.

AND THEN THE NEXT LEVEL OF THAT WOULD BE APPLYING FOR A GRANT THAT WILL LET YOU LOOK AT AN IMPLEMENTATION GRANT TO TRY TO BUILD SOME OF THESE THINGS YOU'RE PLANNING.

THE OTHER THING THAT REALLY, WHEN YOU GET INTO, AND THIS IS OFF TOPIC, BUT MAIN STREET AND RIVER ROAD SINCE YOU ASKED, IT'S A BALANCE OF I COULD MAKE MAIN STREET AND RIVER ROAD SAFER, BUT IT'S GONNA LOSE PARKING.

AND SO THAT'S A KIND OF A, A, A POLICY DECISION OF, UM, AND TRULY TO MAKE IT AS SAFE AS POSSIBLE, WE'RE GONNA GET RID OF ALL THE PARKING AND I DON'T THINK ANYONE WANTS THAT.

SO THAT GETS INTO A POLICY DECISION OF WHAT'S THE CORRECT AMOUNT THAT YOU WANT TO DO FOR THAT PARTICULAR LOCATION.

SO WHAT IS, WHAT I HEARD Y'ALL SAY IS THAT THE SAFETY OF GETTING FROM THE LOT WE'RE TALKING ABOUT TONIGHT OVER TO THE PRIMARY BECKY'S STORE, NOT, THAT'S NOT PART OF THIS PROCESS IS WHAT I UNDERSTAND IS WE'RE HERE TALKING ABOUT THE PLA UM, BUT THE CONSTRUCTION PLANS WERE PART OF THE PLAT.

UM, BUT THE PLATTING IS WHAT YOU GUYS ARE HERE TO TALK ABOUT TONIGHT.

UM, BUT YES, THE CONSTRUCTION PLANS DO SHOW A A MARKED CROSSWALK.

AND THAT'S SOMETHING AGAIN, TECHNICALLY SPEAKING, EVERY INTERSECTION IS A CROSSWALK.

AGAIN, IT'S THE FIRST LEVEL IS IT'S A CROSSWALK NEXT

[00:30:01]

LEVEL, IT'S A MARKED CROSSWALK.

THE NEXT LEVEL IS WE START PUTTING SIGNS.

THE NEXT LEVEL IS WE START PUTTING BUTTONS AND BEACONS AND ALL SORTS OF STUFF.

WE GO THROUGH THE ADVANCEMENT.

SO IT IS A MARKED CROSSWALK.

IT DOES HAVE ADVANCED WARNING SIGNS, UM, MULTIPLE LAYERS OF ADVANCED WARNING SIGNS IN FRONT OF IT.

AND THE APPLICANT DIDN'T TELL US THAT THEY USE, I DON'T REMEMBER IF IT WAS A GOLF CART OR A VAN, BUT THEY SAID THEY HAVE OTHER LOCATIONS THAT HAVE THE SAME SCENARIO THAT I'VE SEEN PERSONALLY, UM, ELSEWHERE IN ALABAMA.

AND I'M TRYING TO REMEMBER ONE OF THE OTHER STORES THAT I'VE SEEN THAT THEY SHUTTLE THE EMPLOYEES BACK AND FORTH BUT THOUGHT THAT THAT'S AT THEIR DISCRETION.

AND WE'RE LEAVING THE SAFETY OF OUR CHILDREN AND OUR FAMILY AND OUR FRIENDS AND OUR NEIGHBORS IN THE HANDS OF SOMEONE WHO DOESN'T LIVE HERE.

NOT THAT THEY WANT, NOT THAT I'M SAYING THEY WANT THEIR EMPLOYEES INJURED, BUT WE'RE TALKING ABOUT A LOCATION THAT IS, IS UNKNOWN TO THE AVERAGE I 10 TRAVELER.

AS YOU SAID, THESE, THE, THE, THE FREQUENT TRAVELERS TO BUCKY'S DON'T UNDERSTAND THE AREA.

THEY DON'T KNOW WHERE THEY'RE GOING.

THEY DON'T KNOW WHERE THEY'RE SUPPOSED TO PARK.

THEY DON'T KNOW HOW TO GET IN AND OUT.

AND NOW WE'RE PUTTING OUR LOVED ONES ON THESE ROADS TO CROSS.

AND I FEEL LIKE THIS SHOULD BE AN ABSOLUTE PRIORITY OF OURS NOT TO BE TAKEN LIGHTLY.

AND SO I DON'T, 'CAUSE I DIDN'T KNOW THIS WAS A, A QUESTION, SO I, I DON'T HAVE AN EXHIBIT, BUT THE OTHER PART I'LL POINT IS IF YOU CAN PICTURE THE SITE PLAN, IT IS AT THAT T INTERSECTION WHERE THE, DO YOU HAVE A SITE PLAN AT ALL? I DON'T SEE, THANK YOUR HONOR.

IT WAS PART OF THE PRESENTATION, SO OH, THERE AT LEAST.

THERE YOU GO.

THAT'S, YEAH.

NOT, NOT THE ACTUAL SITE PLAN.

BUT THAT SOUTHERNMOST LOCATION ON THE CITY STREET, THERE'S GONNA BE STOP SIGNS ON THE PRIVATE DRIVEWAYS FROM THE BUCKY STORE AND THE BUCKY'S PARKING LOT.

THOSE WILL BOTH HAVE STOP SIGNS TO THE CITY STREET AND THAT CROSSWALK IS RIGHT THERE AT THAT LOCATION WHERE THE STOP SIGNS ARE.

UM, SO IT'S NOT COMPLETELY OUT IN THE MIDDLE OF A ROADWAY.

THAT'S SOMETHING WE HAVE LOTS OF CONVERSATIONS ON TRUE MID-BLOCK CROSSINGS.

BUT THIS IS A MARKED CROSSWALK AT A STOP CONTROLLED LIKE A FOUR, A FOUR-WAY STOP.

WELL I THINK THAT HELPS.

WELL IT DOES THE CURRENT SITUATION, BUT I'M WORRIED ABOUT THE FUTURE.

THAT'S, YOU KNOW, THIS IS GONNA BE, IF I CAN READ, I'VE ACTUALLY GOT A COPY OF THE SITE PLAN.

UM, IT LOOKS LIKE IT'S GONNA BE TWO LANES IN EACH DIRECTION WITH A CENTER TURN LANE.

DOES THAT RING A BELL? YES SIR.

SO WHEN IT BECOMES A THROUGH STREET, WHENEVER THAT HAPPENS, WHICH IT WILL HAPPEN AT SOME POINT IN THE FUTURE AND WE'RE SUPPOSED TO GO OUT BY THE WAY, A PLANNING, PLANNING COMMISSION IN THE FUTURE WHEN THAT HAPPENS, WE'RE GONNA HAVE, YOU KNOW, A COUPLE HUNDRED CROSSINGS A DAY MID-BLOCK.

UM, AND THAT'S NOT, I THINK, THE IDEAL SITUATION FOR A PRIMARY COLLECTOR.

I THINK THAT BECOMES A PROBLEM SAFETY WISE AND I DON'T KNOW HOW WE ADDRESS IT.

UM, BUT THERE'S GOTTA BE A WAY TO ADDRESS IT AT SOME POINT I WOULD THINK.

I MEAN, IS THERE IN THE FUTURE, YOU KNOW, IN FIVE YEARS FROM NOW SOMEBODY'S SITTING HERE ASKING, WELL HOW COME WE JUST HAD AN ACCIDENT WHERE A PEDESTRIAN WAS KILLED THERE? AND THEY GO, WELL HOW COME YOU GUYS DIDN'T DO SOMETHING BACK IN 2026? WHAT ARE WE GONNA SAY? SO THE OTHER COMMENT I'LL MAKE IS SAME, JUST LIKE WE SAY THERE'S DIFFERENT LEVELS DEF SAME WITH THE INTERSECTIONS.

WE DO DIFFERENT LEVELS OF ANALYSIS.

UM, SO THAT WOULD BE PART OF THOSE FUTURE STUDIES WOULD KIND OF BE A WARRANT STUDY OF THAT PARTICULAR LOCATION, UM, WHERE IT'S A STOP CONTROLLED, TWO DRIVEWAY STOP CONTROLLED AND THEN IT'S WOULD BE EVENTUALLY A THROUGH LANE STREET.

IT IS SIGNIFICANTLY BACK FROM THE FRONTAGE ROAD WHERE IN THEORY IT COULD BECOME A SIGNAL AT A FUTURE DATE, UM, SPACING WISE THAT IT MEETS THE, THE CRITERIA.

UM, SO IT COULD BE A, IT COULD BE A SIGNAL, WE COULD PUT A ROUNDABOUT.

THERE'S ALL SORTS OF SOLUTIONS THAT WE COULD PUT, UM, AT A FUTURE DATE.

BUT IT DOESN'T REALLY MAKE SENSE TODAY 'CAUSE IT'S A DEAD END STREET.

SURE.

HOW DOES THAT PROCESS THOUGH, MR. CARROLL GET TRIGGERED? WHEN DOES THE CITY, WHEN THIS BECOMES A MAJOR THOROUGHFARE PRIMARY COLLECTOR, WHEN DOES THE CITY THEN KICK IN THAT ADDITIONAL TIA TO FIGURE OUT WHAT TO DO WITH THIS CROSSWALK TO ENHANCE THE SAFETY OF THOSE FOLKS THAT ARE CROSSING? SO WHEN A NEW DEVELOPER COMES TO TOWN, UM, RIGHT AFTER THE PRE-APPLICATION MEETING, THE FIRST THING WE'LL DO IS WE'LL HAVE A SCOPING MEETING FOR THEIR TRAFFIC IMPACT ASSESSMENT IF THEY'RE GONNA BE GREATER THAN A HUNDRED TRIPS.

AND ONE OF THE, WE'LL LOOK AT WHERE THOSE INTERSECTIONS WITHIN UP TO TWO MILES WHERE THEY HAVE MORE THAN A HUNDRED TRIPS GOING THROUGH AN INTERSECTION.

AND THAT'S WHERE WE'RE ABLE TO STUDY THAT INTERSECTION AND HAVE THEM LOOK AT ANY POTENTIAL MITIGATION AS PART OF THEIR DEVELOPMENT TO THAT MITIGATION.

PORTION OF BUCKY'S WAY AND THAT TRIGGERS THEN A TIA, WHICH LOOKS AT THAT CROSSWALK.

SO EVERY TIME THEN SOMEBODY ALONG BUCKY'S WAY DECIDES TO DEVELOP, THEY'VE GOTTA PUT IN THEIR LITTLE PROPORTIONATE ROUGH PROPORTIONALITY

[00:35:01]

AND WOULD THAT SHOULD BE ENHANCED TO, UH, A HAWK LET'S SAY, WHERE TRAFFIC SIGNALS YOU'RE SUGGESTING CORRECT.

THAT HAPPENS AT THAT POINT IN TIME? CORRECT.

AND THAT'S SOMETHING THAT WE, AGAIN, WE CAN STUDY, LIKE WE CAN PUT COUNTERS OUT AND WATCH HOW MANY PEOPLE WALK, HOW MANY CARS WALK, AND WE CAN PLUG IT INTO TX DOTS AND THE HIGHWAY DEPARTMENT'S STANDARD WARRANT ANALYSIS TO SEE WHAT TYPE OF SIGNAL OR WHAT TYPE OF TREATMENT IS REQUESTED AT THAT PARTICULAR LOCATION.

AND THEN THE ONLY QUESTION BECOMES WHO PAYS FOR IT AT THAT POINT IN TIME? IS IT, SO IF IT'S SOMETHING THAT ANOTHER DEVELOPER SHOWS THAT THEIR PROJECT IS WARRANTING AT THAT LOCATION, THEN THAT OTHER DEVELOPER WOULD PAY FOR THAT.

SO THAT OTHER DEVELOPER WOULD'VE TO PAY FOR ENHANCED, LET'S SAY A PEDESTRIAN BRIDGE FOR BUCKY'S EMPLOYEES.

THAT'S A OPTION TO DO THAT.

I MEAN, OR AGAIN, THERE'S OTHER WAYS YOU CAN IMPROVE THE INTERSECTION AS WELL, BUT THAT'S ANOTHER WAY.

YES.

BUT THERE ARE MECHANISMS IN PLACE TO BE SURE THAT THIS GETS REEVALUATED CORRECT.

AS THAT THOROUGHFARE CORRECT.

TAKES SHAPE.

CORRECT.

AND AGAIN, THAT'S OUR TIA ORDINANCE.

THE WAY OUR CODE REQUIRES IT IS THAT ZONING SPECIAL USE PERMITS AT PLATING, AT BUILDING PERMITS.

BASICALLY EVERY STEP ALONG THE WAY OF THE PERMITTING PROCESS, A TRAFFIC IMPACT ASSESSMENT IS REQUIRED TO BE SUBMITTED TO US.

MANY OF THE TIMES IT'S THE SAME STUDY OVER AND OVER AGAIN, BUT AT THE SAME TIME IT'S A CHECK AND BALANCE.

'CAUSE THERE ARE SOME PROJECTS THAT EVOLVE AND CHANGE OVER TIME FROM WHAT WAS FIRST SUBMITTED TO WHAT ENDS UP BEING BUILT.

SO WE CAN CHECK IT THAT WAY.

BUT AGAIN, EVERY SINGLE PROJECT THAT GETS HAPPENS HERE IN BERNIE SINCE 2009 HAS A TRAFFIC IMPACT ASSESSMENT THAT'S SUBMITTED AS PART OF THE PROJECT.

ANY QUESTIONS? I HAVEN'T ASKED THIS SIDE, MR. KATES? MR. BUR? MR. I'M GOOD.

THANK.

NO QUESTIONS? NO SIR.

UM, THANK YOU MR. CARROLL.

UM, MR. BIBE, DO YOU KNOW WHETHER THE AMENDMENT WAS SIGNED BY BUCKYS? NO.

I, SO I DID.

I WAS ABLE TO CHECK.

UH, THEY ARE IN THE PROCESS OF GATHERING SIGNATURES, UH, CURRENTLY AND AS MENTIONED, COUNSEL APPROVED THE AGREEMENT AT THE LAST MEETING.

SO YEAH, I KNOW COUNSEL'S COME TO THE TABLE.

I JUST WANNA BE SURE THAT BUCKY SAYS, WELL NOW THEY'RE, WE'RE GETTING THE SIGNATURES RIGHT NOW.

I WOULDN'T CLOSE A LOAN DEAL ON THAT COMMENT, BUT, OKAY.

UM, GO AHEAD MR. FRY.

I THINK THERE'S STILL A COUPLE OF QUESTIONS THAT WERE NOT OF MR. MATTHEWS THAT WERE NOT ANSWERED.

THERE WERE, I HAVEN'T GOTTEN TO THAT YET.

PLEASE RAISE THEM BECAUSE I WANT YOU TO, OH, WELL, UH, THE PLATS, MR. MCCABE, CAN YOU ADDRESS THE ISSUE? ONE OF THE QUESTIONS MR. MATHS RAISED WAS WHETHER OR NOT THOSE RETAIL PAD SITES COULD EVER COME BACK AS PART OF THE BUCK EAST DEVELOPMENT.

AND MY UNDERSTANDING CONTRACT LAW IS THEY'VE BEEN ESSENTIALLY DELETED ENTIRELY FROM THE AGREEMENT AS AMENDED.

RIGHT.

THEY'RE NOT IN THE CURRENT DEVELOPMENT AGREEMENT.

SO IF IT CAME BACK, IT WOULD'VE TO BE AN AMENDMENT TO THE DA.

YEAH, I THINK SO.

AND YEAH, I THINK IT COULD BE A MINOR PLA THOUGH.

TO MAKE THAT ONE CHANGE.

BUT IT WOULD BE AN AMENDMENT.

SO MR. MATH, THEY'D HAVE TO COME BACK TO COUNSEL AND GET, GET IT AMENDED.

UM, YEAH, WE WOULD HAVE TO ADDRESS ADDITIONAL THINGS LIKE HOW THE INCENTIVE PACKAGE APPLIED TO THOSE USES OR NOT.

SO IT WOULD REQUIRE AMENDMENT.

THAT'S WHAT I THOUGHT.

UM, ADDITIONAL SIGNAGE.

ADDITIONAL SIGNAGE.

I THINK, UM, MR. CARROLL TALKED ABOUT ADDITIONAL SIGNS FOR THE, FOR THE, UH, CROSSWALK.

'CAUSE IT'S A MARKED CROSSWALK.

SO IT COMES WITH SOME SIGNAGE.

UM, WAS THERE, HE WROTE, HE WAS REFERRING SPECIFICALLY TO A, AN ADDITIONAL 40 FOOT SIGN ON THE ADDITIONAL PERSON.

OH, OKAY.

AND I BELIEVE THAT WAS BUCKY'S HAS GIVEN UP THAT ADDITIONAL SIGN.

THEY DON'T, COMMISSIONER, I MEAN, MR. CRANE, CORRECT ME IF I'M WRONG, BUT THEY'VE AGREED THEY WOULDN'T PUT ANY SIGN ON THIS.

THAT'S MY UNDERSTANDING PARKING LOT.

THAT'S MY UNDERSTANDING, YES.

WAS THERE ANYTHING ELSE? I THINK THAT WAS IT.

IS THERE A MOTION? EXCUSE ME, COMMISSIONER KATES, WHAT IS YOUR MOTION? I MOVE THAT THE PLANNING IS ZONING COMMISSION.

ACCEPT THE FINDINGS AND APPROVE THE PROPOSED PLATS SUBJECT TO THE STIPULATIONS RECOMMENDED BY STATE.

COMMISSIONER BA SEND YOU A SECONDED IT.

CAST YOUR VOTE AND WE'LL REVIEW THE RESULTS.

I MESSED UP MY SCREEN.

OH, OKAY.

COULD YOU HELP COMMISSIONER FRIAR SO SHE CAN REGISTER? VOTE OH, I GOT IT THERE.

MAYBE MINE DIDN'T REGISTER.

[00:40:03]

ITEM IS ITEM, UH, FIVE A, WHICH IS A CONSIDER REQUEST FOR A VARIANCE TO CHAPTER EIGHT, SECTION 8.2 A TWO POINT B RESTRICTIONS WITHIN WATERSHED PROTECTION ZONES AND THE UNIFIED DEVELOPMENT CODE FOR A PROPERTY LOCATED AT 7 27 A JOHNS ROAD.

SO PAST SIX IN FAVOR.

NONE OPPOSED.

UM, SO THANK YOU MR. LINDER.

THANK YOU MR. CARROLL FOR YOUR COMMENTS, UM, AND YOUR BACKGROUND.

THANK YOU MR. MATHIS, FOR YOUR CONTINUED INTEREST AND DUE DILIGENCE ON THIS IMPORTANT COMMUNITY ISSUE.

[5.A. 2026-020 CONSIDER A REQUEST FOR A VARIANCE TO CHAPTER 8, SECTION 8.2(A) 2.B. RESTRICTIONS WITHIN WATERSHED PROTECTION ZONES, OF THE UNIFIED DEVELOPMENT CODE FOR A PROPERTY LOCATED AT 727A JOHNS ROAD (KAD NO. 14393).]

UH, MS. LIN OR ABIGAIL IS GOOD EVENING.

MY NAME IS ABIGAIL KNOTT.

I AM THE CITY ENGINEER FOR CITY OF BERNESE ENGINEERING AND MOBILITY DEPARTMENT.

AND I AM, UH, BRINGING TO YOU TODAY A REQUEST FOR VARIANCE TO CHAPTER EIGHT, WHICH IS OUR WATERSHED PROTECTION ZONES, UH, IN THE UDC FOR THE PROPERTY AT 7 27 A JOHNS ROAD.

GIVE YOU A LITTLE BACKGROUND ON THE DRAINAGE AND WATER QUALITY CODE.

SO IN 2018, A COMPREHENSIVE MASTER PLAN, UH, RECOMMENDED EVALUATION OF THE STORMWATER CODES FOR THE CITY.

SO THIS IN TURN, LED TO A COMMITTEE WHO EVALUATED THE DIFFERENT ALTERNATIVES FOR, UH, ADDING PROVISIONS INTO OUR SUBDIVISION ORDINANCE.

UH, SO IN 2020 THAT WAS APPROVED.

AND THEN IN 2022, THOSE ORDINANCES WERE, UH, FURTHER ENHANCED AND BROUGHT INTO THE UDC.

ONE OF THOSE WAS THE DRAINAGE WAVE PROTECTION ZONES OR DP ZS.

AND THESE ARE DEFINED AS A WATERSHED AREA GREATER THAN 25 ACRES.

UH, THE UDC LIMITS CONSTRUCTION ACTIVITIES WITHIN THOSE ZONES.

THEY WERE CREATED FOR WATER QUALITY CONDITIONS AND TO PROTECT, PROTECT OR REESTABLISH RIP AREAS.

A LITTLE MORE DETAILED, THE RIPARIAN AREAS.

THIS IS REALLY JUST THE AREAS ALONG OUR NATURAL CREEKS AND WATERWAYS WHERE WE HAVE NATURAL GRASS BRUSH TREES.

UM, RIPARIAN AREAS ARE IMPORTANT FOR WATER QUALITY BECAUSE MOTHER NATURE IS OUR BEST WATER QUALITY ADVOCATE.

IT HELPS TO CLEAN OUR WATER.

UH, IT ALSO JUST HELPS, UH, HELPS WITH RAPIDLY MOVING RUNOFF SO IT SLOWS THINGS DOWN.

UM, IN THE FLOODPLAIN AREA, I AM GONNA OFFER ONE MORE DEFINITION TODAY 'CAUSE WE'LL TALK ABOUT THIS A LITTLE FURTHER WHEN WE GET INTO THE VARIANCE.

BUT AN ORDINARY HIGH WATERMARK, THIS IS REALLY AN AREA WHERE YOU TALK ABOUT THE MOST COMMON AMOUNT OF FLOW.

SO AN ENGINEER PROBABLY THINKS OF IT AS SOMETHING LESS THAN A TWO YEAR FLOW.

IT'S WHAT'S MOST COMMONLY OCCURRING IN YOUR CREEK WAVES.

IT'S NOT GONNA BE YOUR FLOODPLAIN AREA.

SO YOU'RE NOT TALKING ABOUT THE LARGE AREA WHERE TREES ARE.

IT'S JUST YOUR MAIN CONVEYANCE PATH FOR WATER ON A DAILY BASIS OR FOR YOUR REGULARLY OCCURRING STORM EVENTS.

UH, THESE AREAS USUALLY ARE DETERMINED THROUGH A FIELD INVESTIGATION.

AN ENVIRONMENTAL SCIENTISTS WILL GO OUT AND LOOK FOR MARKERS ALONG A CREEKWAY TO DETERMINE WHERE THAT ORDINARY HIGH WATERMARK IS.

THIS IS IMPORTANT FOR US BECAUSE AREAS WHERE WE BUILD OUR, UM, CROSSINGS, CULVERTS TEND TO, UM, CAN PROVIDE BLOCKAGE.

SO IT'S NOT ALLOWING FOR THE NATURAL CONVEYANCE, NOT ONLY OF WATER, BUT JUST OF SEDIMENT AND DEBRIS.

SO YOU WANT THOSE TO FREELY MOVE THROUGH BECAUSE THE MORE SEDIMENT DEBRIS YOU HAVE, BACKUP KIND OF CHANGES THE WAY THE CREEK WOULD PERFORM.

UM, AND SO I HAVE SOME PICTURES THERE JUST TO KIND OF SHOW YOU HOW CULVERT WOULD INTERACT WITH AN ORDINARY HIGH WATERMARK AS OPPOSED TO A BRIDGE.

SO FOR DPZ, THERE ARE SOME EXCEPTIONS IN THE UDC.

SO WE DO WANT TO LIMIT INSTRUCTIONS IN THE DPZ.

BUT IN DPZ ONE, WE HAVE SOME EXCEPTIONS FOR UTILITIES AND STREET CROSSINGS THAT ARE PERPENDICULAR TO THE DPZ.

AND REALLY, THESE STREET CROSSINGS ARE ONES IDENTIFIED ON THE MASTER THOROUGHFARE PLANT.

SO THAT'S YOUR COLLECTOR ROADS, YOUR ARTERIAL ROADS, UM, NOT NECESSARILY LOCAL ROADS.

UH, WE EVEN ALLOW FOR CERTAIN FENCES AND TRAILS.

SO WE LIKE TO ENJOY WALKING ALONG OUR NATURAL GREENWAYS.

DPZ TWOS, WHICH ARE THE LARGER BUFFERS ON OUR CREEK WAVES, UH, WE HAVE A LITTLE MORE, UH, FLEXIBILITY.

SO IT COULD BE WATER CON WATER QUALITY CONTROLS, DETENTION PONDS, OR EVEN FLOOD MITIGATION PROJECTS.

AND THEN AGAIN, MORE, UH, UTILITIES.

THERE IS ALSO ONE MORE PROVISION IN THE DPZ.

IT IS A CITY MANAGER'S EXCEPTION, SO THAT IS TO ALLOW FOR A LOCAL ROAD AS LONG AS IT MEETS TWO REQUIREMENTS.

IT IS NOT WITHIN 1000 FEET OF AN EXISTING OR PROPOSED CROSSING.

AND ALSO IT, UH, DOES NOT PROPOSE IMPROVEMENTS WITHIN THAT ORDINARY HIGH WATERMARK.

SO THIS PROPERTY, UH, 7 27 A JOHNS ROAD, IT IS LOCATED OFF NEAR THE ACCESS ROAD FOR IH 10.

IT'S BETWEEN THE OXBOW APARTMENTS AND, UH, HAMPTON PLACE.

YOU MIGHT BE FAMILIAR WITH THIS PROPERTY AS THEY CAME TO PNZ SEPTEMBER 8TH FOR A PLAN USE DEVELOPMENT, WHICH WAS APPROVED WITH THE CONDITIONS.

[00:45:01]

UH, THIS PROPERTY HAS NOT YET BEEN ANNEXED INTO THE CITY OF BERNIE.

SO THE DPZ VARIANCE REQUEST IS MOST SPECIFICALLY RELATED TO THE REQUIREMENTS THAT THE CITY MANAGER COULD APPLY AN EXCEPTION FOR.

SO THAT'S THE 1000 FEET WITHIN A, A MINIMUM 1000 FEET WITHIN A ANOTHER CROSSING OR NOT IMPACTING THE ORDINARY HIGH WATERMARK.

UH, AS YOU CAN SEE FROM, UH, THE TOP PHOTO, THE PROPOSED LOCAL STREET ALIGNMENT IS 260 FEET WITHIN THE DRIVEWAY OF THE BUS WESTERN AND, UH, 900 FEET WITHIN LATIMORE BOULEVARD.

UH, WE DO NOT HAVE ANY INFORMATION AS TO WHETHER IT IMPACTS THE ORDINARY HIGH WATERMARK OR NOT.

THE DPZ AT THIS LOCATION IS, UH, DPZ ONE IS 35 FEET ON EITHER SIDE OF THE CENTER LINE AND DPZ TWO IS 55 FEET ON EITHER SIDE OF THE CENTER LINE.

AND THE BOTTOM PHOTO IS THIS LOCATION TODAY, JEFF DROVE OUT AND TOOK A PHOTO.

SO, AS A REMINDER, THE CRITERIA FOR VARIANCE APPROVAL, UH, ARE LAID OUT FOR YOU.

UH, FIRST AND FOREMOST REALLY IS THAT THE UNIQUE CHARACTERISTICS OF A PROPERTY, UM, PROVIDE HARDSHIPS, UH, FOR THE DESIGN OF THE PROPERTY, THE EXECUTION OF THE, IN THIS CASE, THE P IF THE COMMISSION CHOOSES TO RECOMMEND APPROVAL, STAFF RECOMMENDS THE INCLUSION OF THE FOLLOWING STIPULATION.

UH, THE DPZ VARIANCE WILL ONLY BE EFFECTIVE FOR THIS SPECIFIC PUD DEVELOPMENT.

AND I HAVE LISTED HERE THE MOTIONS FOR CONSIDERATION.

UM, IN ADDITION, THE APPLICANT IS HERE TODAY IF YOU HAVE QUESTIONS AND I'M ALSO AVAILABLE TO ANSWER ANY QUESTIONS.

UH, WHY DON'T THE APPLICANT, IF YOU DON'T MIND, COMING FORWARD, UM, SHARING WITH US WITH YOUR THOUGHTS.

SO YOU'RE PROPOSING A CULVERT TYPE CROSSING, IF YOU WILL.

YES, SIR.

BOX CULVERTS? YES, SIR.

OUR INTENT THERE IS, UM, LATIMORE BOULEVARD TO THE EAST IS, CROSSES THE DPZ USING CULVERTS.

UM, THE PROPERTY IMMEDIATELY TO THE EAST OF US, WHICH IS FIBER ELEMENTARY, WAS PLOTTED BEFORE THE DPZ REQUIREMENTS WERE IN PLACE.

THE PROPERTY TO THE WEST OF US IS, UH, JOHN'S CROSSING FRONTAGE ON I 10.

IT, THAT THE, IT HAS THREE SMALL CULVERTS, UH, I THINK THEY'RE 24 INCH CULVERTS.

THAT IS HOW THAT, THAT, UH, ACCESS EASEMENT CROSSES THAT LOW AREA.

OUR INTENT IS, OR OUR REQUEST IS TO BE ABLE TO UTILIZE BOX CULVERTS TO MINIMIZE THE, UH, ANYTHING THAT IS WITHIN THAT DPZ.

WE DO NOT WANT TO AFFECT THAT HIGH WATER MARK OR RESTRICT ANY FLOW.

WE WILL PUT, UH, ENOUGH BOX CULVERTS IN PLACE TO WHERE IT, THE CROSSING DOES NOT HAVE ANY EFFECT THERE, AND WE'LL MINIMIZE THE DISTURBANCE TO THAT SPECIFIC CROSSING.

WE'LL ALSO HAVE UTILITY CROSSINGS THERE.

SO HOW MANY BOX CULVERTS ARE NECESSARY NOT TO HAVE ANY IMPACT ON THE WATER FLOW THROUGH THAT DIVISION.

EXISTING CONDITIONS, UH, BASED ON OUR PRELIMINARY DRAINAGE REPORTS ABOUT THREE AND A HALF FEET OF WATER THERE.

SO WE'RE EXPECTING, UH, TWO TO THREE BARRELS OF THREE BY FIVE BOX CULVERTS OR, UH, SIMILAR.

ALRIGHT, SO TWO TO THREE BARRELS.

YOU'VE GOTTA EXPLAIN THAT TO ME.

SO YOU'RE GONNA BE THERE ROUGHLY, UH, 15 FEET WIDE.

UM, YOU KNOW, UH, PERPENDICULAR TO THE ROADWAY.

UM, AND THEN THOSE, THOSE BOX CULVERS WILL BE EITHER THREE OR FOUR FEET TALL, ROUGHLY.

AGAIN, THESE ARE VERY PRELIMINARY.

UM, THE WHOLE IDEA IS TO GET THIS APPROVAL.

THEN WE'LL MOVE INTO A FULL DRAINAGE ANALYSIS THAT WILL, UH, INFORM AND DEFINE WHAT THAT CROSSING LOOKS LIKE.

SO ROUGHLY 45 FEET OF BOX CULVER'S, THREE OR FOUR FEET TALL.

UH, NO, I'M SORRY.

ROUGHLY ABOUT 15 FEET.

SO, UH, THREE FOOT BY FIVE FOOT WOULD BE A THREE FOOT TALL, FIVE FOOT WIDE.

AND WHEN I SAY THREE BARRELS, IT'D BE THREE ROWS OF THAT.

SO YOU'D HAVE 15 FEET OF BOX CULVERTS.

THREE OR FOUR FEET TALL.

IS ONE OF THOSE CASES, I THINK IT IS WARRANTED BECAUSE OF THE, THE WORK THAT THIS COMMISSION DID AND THE DEVELOPER DID GETTING THIS ALL PUT TOGETHER.

UM, AS I ALWAYS DO, I TURN TO COMMISSIONER KATES ON THESE DPZ MATTERS SINCE HE WAS DEEPLY INVOLVED IN THE, THE ENACTMENT AND IMPLEMENTATION OF THESE ORDINANCES.

SO COMMISSIONER CATES, IT'S ALL YOURS.

WELL, AS YOU WELL KNOW, I HAVE, UH, BEEN A, I WAS ON THAT COMMITTEE, UH, COMMITTEE.

UM, THIS WAS VERY WELL THOUGHT OUT.

I HAVE, UH, BEEN VERY HESITANT TO EVER GRANT A WAIVER IN THIS PARTICULAR CASE.

UH, I AM GONNA BE IN FAVOR BECAUSE, UH, THIS BECAME NECESSARY BECAUSE WE WORKED SO DILIGENTLY TO PROTECT THE HAMPTON WAY NEIGHBORHOOD.

AND AS YOU RECALL, THERE WERE TWO OPTIONS.

ONE WAS TO, UH, NOT IMPACT THIS ZONE AND TO COME THROUGH HAMPTON WAY FOR THE SOUTHERN PART OF THE PROPERTY AND THEN TO COME FROM JOHNS ROAD FOR THE NORTHERN PART.

AND I FEEL LIKE, UH, THE DEVELOPER WORKED VERY WELL WITH, UH, THE WISHES OF THE COMMUNITY, UH, DID THAT BUFFER ZONE SO THAT THERE COULD NEVER BE ACCESS TO THAT HAMPTON WAY, CUL-DE-SAC.

AND THIS NOW IS THE ONLY OPTION.

AND, AND, AND I THINK IT'S, THIS

[00:50:01]

WELL, I SAY COMMISSIONER KATE, I THINK IT'S THE FIRST TIME YOU'VE EVER BEEN IN FAVOR OF A VARIANCE ON A DPZ REQUEST.

THAT'S MY MEMORY SERVES ME CORRECTLY.

I'M SITTING THERE THINKING, YEAH, THAT'S NOT WHAT I EXPECTED HIM TO SAY.

UM, BUT OKAY.

IT WAS WELL THOUGHT OUT.

I I CERTAINLY APPRECIATE YOUR POSITION.

UH, BUT YOU DID CATCH ME OFF GUARD THERE A LITTLE BIT.

COMMISSIONER KATES, YOU'VE RUINED YOUR PERFECT RECORD.

UM, LET ME ASK THIS ONE QUESTION.

IS IT THE ONLY OPTION? LET ME, I MEAN, UM, AGAIN, I'M NOT AN ENGINEER, SO I HAVE NO WAY OF KNOWING.

THE ALTERNATIVE WOULD BE TO SPAN THAT 75 FOOT DISTANCE WITH A BRIDGE.

WITH A BRIDGE.

SO YOU'VE GOT TWO OPTIONS.

WE'VE GOT THE CULVERT OPTION OR THE BRIDGE OPTION.

MR. CARROLL, MS. KNOT.

IS THERE A, IS THERE A THIRD, FOURTH OPTION? THAT I DON'T KNOW.

'CAUSE I'M NOT AN ENGINEER.

I DID WEAR MY AGGIE COLOR TODAY.

AS MR. CARROLL KNOWS, UH, TO SUPPORT THOSE AGGIE ENGINEERS.

IS THERE ANOTHER THIRD OR FOURTH OPTION THAT WE'RE NOT TALKING ABOUT? NO.

SO THE PUTT, AS IT'S LAID OUT, REALLY DOES HAVE THAT LOCAL CROSSING GOING OVER THE DPC.

SO AS IT WAS STATED BY THE ENGINEER, THE, THE APPLICANT, UH, THE OPTIONS ARE A CULVERT CROSSING OR A BRIDGE CROSSING.

THERE ARE DIFFERENT TYPES OF CULVERTS AND BRIDGES THAT COULD BE LOOKED AT, BUT ESSENTIALLY IT COMES DOWN TO THOSE TWO.

SO WHO DETERMINES DO WE DETERMINE AS A CITY THE TYPE OF CULVERTS IF WE GO THAT ROUTE, THE HEIGHT, THE WIDTH, THE SHAPE? UM, WHO, WHO MAKES THAT DECISION? SO CULVERT SIZING IS GENERALLY DETERMINED BY A FLOOD STUDY.

AND SO THAT WOULD BE SOMETHING USUALLY SELECTED BASED ON THE IMPACTS TO NO RISE IN THE FLOODPLAIN, WHICH GENERALLY AREN'T SIZING FOR DPCS.

HOWEVER, THAT IS SOMETHING THAT COULD BE INVESTIGATED AS WELL.

SAME THING WITH BRIDGES.

WE WOULD LOOK AT THE SIZE OF THE BRIDGE TO MAKE SURE THAT THERE IS NO RISE, NO IMPACT TO THE AMOUNT OF WATER THAT FLOWS THROUGH THAT AREA SO THAT THE HUNDRED, THE A HUNDRED YEAR FLOOD IS SAFE DURING A FLOOD EVENT.

ANY OTHER QUESTIONS OR COMMENTS MR. KATES? NO SIR.

NO SIR.

CHRISTOPHER BIRD? UM, BIG DIFFERENCE IN, I GUESS COST BETWEEN A BRIDGE AND THE CULVERTS.

THE ESTIMATED COST ON A TWO LANE BRIDGE FOR THERE IS A MILLION DOLLARS COMPARED TO A FEW TENS OF THOUSANDS FOR A CULVERT.

THAT'S THE ONLY QUESTION I HAVE.

THAT'S IT.

ALL RIGHT.

ANYONE ELSE ON THIS SIDE? MR. ONE QUESTION.

ANY ANTICIPATED IMPACT UPSTREAM OR DOWNSTREAM TO NEIGHBORS? WE TO, TO SPEAK TO MS. KNOTT'S.

UM, POINT OF THEY'RE, THEY'RE SOMEWHAT COMPETING, RIGHT? YOU'VE GOT THE DPZ FOR THE ORDINARY HIGH WATER MARK AND THEN THE, THE FLOOD, THE FLOOD STUDY.

OUR INTENT IS TO, IS TO TARGET BOTH OF THOSE IN THE FLOOD STUDY AND THE DESIGN OF THIS CROSSING TO MITIGATE ANY UPSTREAM OR DOWNSTREAM IMPACTS TO WHERE THIS FUNCTIONS AS IF THERE ARE NO IMPROVEMENTS WITHIN THAT DPZ.

SO FLOOD IMPACTS THAT, THAT'S A SEPARATE PART OF THE CODE THAT'S REVIEWED, OF COURSE BY THE ENGINEERING DEPARTMENT.

SO ANY CROSSING IS NOT ALLOWED TO HAVE A RISE THAT WERE AN IMPACT.

SO NO.

AND THEN MY FOLLOW UP TO THAT WAS, IS THERE ANY BENEFIT TO THE, TO THE NEIGHBORS OR, UM, UPSTREAM OR DOWNSTREAM AS WELL AS FAR AS IMPACT FROM FLOODING OR FOR THE DDC? CORRECT.

SO WE ALWAYS LOOK FOR IMPACTS UPSTREAM, DOWNSTREAM, AND SO THAT WOULD BE PART OF THE ANALYSIS OF THE ENGINEER WOULD PROVIDE WHEN THEY DESIGN THAT CROSSING.

AND SO WE WOULD WORK IN ITERATIONS TO MAKE SURE THAT IT'S SECURE AND SAFE FOR BOTH THE RESIDENTS OF THE POD AND THEN EVERYBODY UP AND DOWNSTREAM.

ANYTHING ELSE? COMMISSIONER H THAT'S IT.

THANK YOU MR. FRYER.

I DO HAVE A QUESTION.

UM, I QUICKLY WENT BACK AND REVIEWED OUR SEPTEMBER MEETING AND THERE WERE A NUMBER OF CONDITIONS THAT WERE APPLIED TO THE APPROVAL OF THE, THE P.

ANY UPDATE ON ANY OF THOSE CONDITIONS THAT YOU MIGHT BE ABLE TO GIVE US AND HOW, THE SECOND PART OF THAT QUESTION IS THEN HOW DOES THIS VARIANCE, IF APPROVED, AFFECT THE PROPERTY IF ANY OF THOSE CONDITIONS COULDN'T BE MET? DOES THAT MAKE SENSE? THOSE? OKAY.

SO, UH, GREAT QUESTION.

COMMISSIONER FRY.

AND, UM, SO WE HAVE, WE'VE MET WITH THE ISD AND HAD SOME HIGH LEVEL DISCUSSIONS WITH THEM.

I DON'T WANNA WASTE THEIR TIME, UM, OR THEIR BOARD'S TIME, UM, IF SOME OF THE OTHER THINGS COULDN'T BE MET.

AND THIS WAS THE NEXT POINT OF KI UH, KIND OF PINCH POINT, IF YOU WILL, ON THE PROJECT.

AND SO THAT'S WHY WE'RE HERE TONIGHT IS IF WE CAN GET THIS CLEARED, THE NEXT STEP WILL BE TO GO TO THE ISD, THAT'S THE NEXT MAJOR PINCH POINT.

UH, FOR THAT EMERGENCY ACCESS.

SO THIS IS KIND OF THE FIRST STEP AND IF THIS WORKS OUT AND WE WE'RE ABLE TO GET APPROVAL, THEN WE'LL IMMEDIATELY TURN OUR FOCUS AND PIVOT TO WORKING WITH THE ISD OVER THE NEXT SEVERAL MONTHS, UH, TO ATTEMPT TO SECURE APPROVAL ON THAT CONDITION.

AND THEN WE BELIEVE THE REST OF THE CONDITIONS ARE LESS IMPACTFUL.

REGARDS TO THE PROPERTY? SO THE, I THINK THIS GOES BACK PROBABLY TO THE RECOMMENDATION FROM STAFF THAT IF YOU, UH, SEEK TO APPROVAL THAT WE ADD THE CONDITION THAT THIS VARIANCE IS TIED TO THE SPECIFIC PUD THAT WAS ALREADY APPROVED WITH CONDITIONS.

SO THEN THE SECOND PART OF THAT QUESTION, I GUESS IS FIRST STUFF IS IF THIS VARIANCE GETS APPROVED TONIGHT, BUT THEY CAN'T GET THE APPROVAL THEY NEED FROM THE ISD, WHAT HAPPENS TO THE VARIANCE IN

[00:55:01]

SO IF THEY CAN'T GET ALL THOSE CONDITIONS MET, IT ALL JUST GOES AWAY.

VERY GOOD.

UM, I'LL, I'LL SECOND THAT.

COMMISSIONER FRYER, FROM MY RECOLLECTION OF THAT IS IF WE CAN'T, IF THERE'S ANY ONE CONDITION THAT IS NOT MET THE ENTIRE P DIES.

THAT'S WHAT I UNDERSTOOD OR REMEMBERED AS WELL.

JUST OUTTA CURIOSITY FROM A PROCESS STANDPOINT, I'M, I'M CURIOUS AT, IT'S BEEN FOUR MONTHS OR SO SINCE WE TALKED ABOUT THE PUD.

AT WHAT POINT IN THE PROCESS WERE YOU AWARE OF THIS VARIANCE BEING A REQUIREMENT? PRETTY EARLY ON.

SO THIS HAS BEEN A, THIS HAS BEEN A POINT WHETHER WE WERE GONNA ACCESS THE PROPERTY THROUGH HAMPTON PLACE, RIGHT? OR OFF JOHN'S ROAD.

WE WERE GONNA HAVE A CROSSING OF SOME SORT, UM, GIVEN THE, UH, THE LIMITATIONS ON ACCESS FROM THE ACCESS EASEMENT.

SO IS THIS, AND I, THIS IS OUT OF MY WHEELHOUSE ALTOGETHER, BUT I'M JUST CURIOUS, COULD THIS TYPE OF VARIANCE HAVE ALSO BEEN DISCUSSED AT THE SAME TIME AS THE PUD SO THAT COULD HAVE SAVED YOU A LOT OF TIME OR WERE YOU NOT PREPARED YET FOR ANSWERING THE BRIDGE VERSUS CULVERT? YES AND NO.

UM, I WOULD SAY GIVEN THE, THE, THE RESISTANCE FROM THE, THE PROPERTY OWNERS IN HAMPTON PLACE, THAT ISSUE TOOK A LOT MORE PRECEDENT FOR US.

GOTCHA.

AND SO THIS WAS MORE OF A SECONDARY ISSUE OF THAT'S A DESIGN ISSUE.

ONCE WE GET TO THE POINT, WE CAN GO INTO DESIGN, WE WILL HANDLE THAT AT THAT POINT.

I'M JUST, AND THE REASON I'M ASKING IN, IN FULL DISCLOSURES, I'M JUST CURIOUS IS I KNOW THESE PROJECTS TAKE A LONG TIME AND I'M JUST TRYING TO UNDERSTAND IF THERE'S A WAY THAT AS A PROCESS IMPROVEMENT, IF THESE CAN BE COMBINED AND TO SIMILAR MEETINGS TO HELP MOVE THINGS ALONG FASTER.

I WAS JUST CURIOUS.

I THINK IT COULD HAVE, BUT I'M AFRAID WITH AS MUCH COMMUNITY INPUT THAT WE HAD IT, IT, THIS PART MAY HAVE GOT LOST IN TRANSLATION.

TO BE HONEST WITH YOU.

FAIR ENOUGH.

EXCEPT FOR ON THE AGENDA.

GOOD RESPONSES.

COMMISSIONER SENIO, UH, NO QUESTIONS, BUT I WAS JUST GONNA, I WANTED TO ECHO, UH, COMMISSIONER KATE'S, UM, POSITION.

UM, I THINK THE APPLICANT HAS DONE, UM, A COMMENDABLE JOB OF WORKING WITH THE COMMUNITY.

UM, SO MUCH SO THAT I'VE SEEN HIM HERE SO MANY TIMES.

HE, WE SHOULD GET HIM RESERVED SEATING IN THE AUDIENCE, BUT UM, ON THIS SIDE, YEAH, WE'VE GOT PLENTY OF ROOM ON THAT.

IT'S AN EMPTY CHAIR NEXT TO YOU, COMMISSIONER.

EXACTLY.

PUT 'EM UP THERE.

THIS CHAIR'S ALWAYS OPEN.

UH, BUT YOU KNOW, WITH VARIANCES, I THINK OUR CONCERNS ALWAYS DOES A SET OF PRECEDENTS.

RIGHT.

UM, AND I THINK MAYBE IT DOES, BUT I THINK THE PRECEDENCE HERE IS SO HIGH BECAUSE OF THE AMOUNT OF GIVE AND TAKE AND COLLABORATION THAT THE APPLICANT HAS MADE WITH THE COMMUNITY THAT I THINK THAT THAT BAR IS, IS PRETTY SIGNIFICANT.

UM, SO I FEEL COMFORTABLE WITH THAT.

UM, AND I ALSO RESPECT THE, THE BUILDING BLOCK APPROACH TO THIS BECAUSE IT'S ALL INVESTMENT, RIGHT? AND YOU HAVE TO ANSWER ONE QUESTION BEFORE YOU GET TO THE OTHER ONE.

UM, AND ALTHOUGH IT'D BE NICE TO HAVE IT ALL PACKAGED, I KNOW THAT, YOU KNOW, TIME IS MONEY AND YOU DON'T WANT TO, YOU KNOW, UM, YOU DON'T WANT TO, UM, UM, COMMIT TO THE NEXT FIVE YARDS IF YOU'RE NOT GOING TO GET THESE FIVE YARDS.

SO I RESPECT THAT AS WELL.

YES, SIR.

WELL, YOU HAVE WORKED WITH THE COMMUNITY AND IT'S CERTAINLY NOT LOST IN ANY OF US, ESPECIALLY THE VARIANCE CAME NEXT DOOR TO ME.

SO, UM, THANK YOU FOR YOUR TIME.

THE NEXT STEP IS GONNA BE ISDS IN THE BACK OF THE ROOM, SO YOU CAN, YOU CAN CATCH HIM ON THE WAY OUT.

UM, WE'LL SEE HOW THIS TURNS OUT.

UM, IS THERE A MOTION? COMMISSIONER KATES, I MADE THE MOTION LAST TIME.

THERE'S A LOT OF PEOPLE OUT HERE.

WELL, YOU'RE, YOU'RE THE ONE WHO'S THE EXPERT ON IT.

ALRIGHT, COMMISSIONER HYLER HAS MADE A MOTION TO APPROVE.

IS IT SECONDED BY ANYONE? COMMISSIONER KATES.

MR. COMMISSIONER PER SECOND.

I WANT YOU TO JUMP IN ON THIS.

I MEAN, THIS IS, I, I JUMPED.

I CAN'T, NO MORE SURPRISES.

THIS IS TERRITORY FOR YOU COMMISSIONER.

NO MORE SURPRISES FOR YOU.

NO, I GO AHEAD.

MOTION BY COMMISSIONER HYLER, SECONDED BY COMMISSIONER BYRD TO APPROVE THE VARIANCE.

ALL RIGHT, NO FURTHER DISCUSSION, THEN GO AHEAD AND CAST YOUR VOTE AND WE'LL REVEAL THE RESULTS.

AND THE VARIANCE HAS BEEN APPROVED.

SIX IN FAVOR, NOT OPPOSED.

UM, THANK YOU, UH, FOR YOUR WORK.

UM, THANK YOU MS. KNOTT, FOR YOUR PRESENTATION.

YOU'VE NOT DONE MANY OF THESE.

YOU'RE FAIRLY NEW TO THIS, BUT, UH, OBVIOUSLY YOU'RE THE FIRST ONE THAT WAS ABLE TO PERSUADE MR. CATES TO ACCEPT A VARIANCE.

SO MR. CARLEY MIGHT WANNA RUN UP MORE OFTEN, UH, ON THESE VARIANCE QUESTIONS.

SO, UH, ANYWAY, BUT, UH, CONGRATULATIONS.

IT'S, UH, IT'S A GOOD DECISION.

NOW.

YOU CAN MOVE ON TO THE NEXT STEP.

[6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place]

[01:00:01]

ANYTHING ELSE, MR. CRANE? HOW ABOUT AN UPDATE ON THE UDC AMENDMENTS THAT YOU'VE BEEN TALKING ABOUT FOR A COUPLE MONTHS? LET'S, CAN WE START THERE? SURE.

UH, WE'VE BEEN WORKING ON THOSE.

WE, UH, DELAYED THEM A LITTLE BIT AND PARTLY IN RESPONSE TO, UH, COUNCIL'S UPCOMING DISCUSSION, UH, OUR WINTER WORKSHOP THAT WE'RE HAVING NEXT WEEK.

UM, PARTLY RESPONSE TO THAT, PARTLY RESPONSE DUE TO WORKLOAD.

UH, SO WE CONTINUE TO WORK THROUGH THOSE ISSUES AND WE'LL HAVE SOMETHING FOR YOU LATE SPRING.

SO WE'RE LOOKING AT WHAT MARCH, APRIL TIMEFRAME? UH, MAY, JUNE-ISH.

MAY JUNE-ISH.

ALL RIGHT.

ANYTHING ELSE? THAT'S EARLY SUMMER.

THAT'S SUMMER.

THAT'S EARLY SUMMER.

EARLY SUMMER.

CHRISTOPHER KATES, WHO, WHO KNOWS WHAT HE'S TALKING TO YOU ABOUT THIS EVENING, SAYS THAT'S EARLY SUMMER, NOT LATE SPRING.

CHRISTOPHER FRIAR, I KEEP MEANING TO EMAIL AND IT KEEPS GETTING PAST ME, BUT IS IT POSSIBLE THAT WE COULD GET AN UPDATE AT A FUTURE MEETING FOR SOME OF THE PRIOR PROJECTS? I'VE SEEN SOME FOR SALE SIGNS UP AROUND TOWN.

FOR EXAMPLE, THE PROPERTY BETWEEN HIGHLAND AND BEST WE APPROVED A FEW YEARS AGO AS ZONING.

I BELIEVE THEY ARE FOR A LITTLE NEIGHBORHOOD AND IT HASN'T COME TO FRUITION.

UM, I THINK THERE'S SOME SUVS WE MIGHT HAVE APPROVED OVER THE LAST FEW YEARS THAT HAVEN'T COME TO FRUITION.

AND I'D REALLY LIKE AN UPDATE ON WHERE WE ARE WITH SOME OF THOSE PROJECTS AND WHEN THOSE SUVS MIGHT EXPIRE AND WHAT HAPPENS NEXT.

CERTAINLY IF YOU HAVE, UH, LOCATIONS FOR ME.

OR ANYTHING THAT WE CAN, THAT WOULD BE BENEFICIAL FOR US.

I'LL TRY TO GET SOME TO YOU.

AWESOME.