Jul 06, 2026 Planning and Zoning Commission on 2026-07-06 6:00 PM

[00:00:01]

OKAY,

[1. CALL TO ORDER – 6:00 PM]

I'M LUCAS HYER, UH, YOUR CHAIRMAN FOR THE EVENING.

UH, HERE WITH MY FELLOW COMMISSIONERS TO REVIEW OUR AGENDA ITEMS AS WE ALWAYS DO.

WE'LL START OFF WITH OUR PLEDGES OF ALLEGIANCE IN A MOMENT OF SILENCE, PLEDGE ALLEGIANCE, , ALL OF THE UNITED STATES OF AMERICA, THE TO THE REPUBLIC FOR WHICH WE STANDS.

ONE ELIMINATION UNDER GOD, THE INDIVIDUAL WITH ACHIEVING JUSTICE.

FOR ALL, ALL HONOR THE TEXAS FLAG.

FLAG THE PANCE TO THE TEXAS ONE STATE UNDER GOD ONE.

AND PLEASE JOIN ME FOR A MOMENT OF SILENCE.

THANK YOU.

AMEN.

UH, STARTING OFF, ARE THERE ANY

[2. CONFLICTS OF INTEREST]

MOVING

[3. OATH OF OFFICE: 2026-295 ADMINISTER OATH OF OFFICE FOR PLANNING AND ZONING COMMISSION PLACE 6 AND PLACE 7; LUCAS CHARLES HILER AND CHRIS TAYLOR.]

UM, PERFECT.

WOULD YOU LIKE US TO COME DOWN OR STAND? OKAY.

FRONT, RIGHT IN FRONT IS FINE.

WE'LL START WITH MR. TAYLOR.

MR. TAYLOR, PLEASE STATE YOUR NAME AND POSITION WITH THE COMMISSION.

CHRIS TAYLOR COMMISSION.

THANK YOU.

AS COMMISSIONER.

AS COMMISSIONER.

NOW, PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME.

I, CHRIS TAYLOR, DO SOLEMNLY SWEAR I CHRIS TAYLOR, DO SOLEMN SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE PLANNING AND ZONING COMMISSION.

THANK, EXECUTE YOUR OFFICE OF THE PLANNING COMMISSION FOR THE CITY OF BERNIE, STATE OF TEXAS, FOR THE CITY OF ERNIE, STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND THE LAWS OF THE UNITED STATES CONSTITUTION, OF THE LAWS OF THE UNITED STATES AND THE STATE, UH, AND OF THIS STATE.

SO HELP ME GOD.

YES.

STATE.

SO HELP ME GOD.

THANK YOU.

MR. ER.

WILL YOU PLEASE STATE YOUR NAME AND POSITION WITH THE COMMISSION? UH, LUCAS.

ER, I'M THE CHAIR, .

THANK YOU.

WILL YOU PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME? I, LUCAS HYER DO SOLEMNLY SWEAR I LUCAS DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE PLANNING OF ZONING COMMISSION.

I'LL FAITHFULLY EXECUTE THE ZONING COMMISSION FOR THE CITY OF BERNIE, OF THE STATE OF TEXAS, FOR THE CITY OF BERNIE AND WILL TO THE BEST OF MY ABILITY AND WILL TO BEST PRESERVE, PROTECT, AND DEFEND, PRESERVE THE CONSTITUTION AND THE LAWS OF THE UNITED STATES, THE CONSTITUTION AND THE LAWS OF THE UNITED STATES AND OF THIS STATE.

SO HELP ME, GOD OF THE STATES HELP ME.

THANK YOU.

YEAH, THANK YOU.

IT SEEMS MUCH LONGER WHEN YOU'RE DOING IT YOURSELF VERSUS SOMEBODY.

COMMISSIONER TAYLOR, BEING NEW TO THE PLANNING, PLANNING AND ZONING COMMISSION, UM, I WANNA THANK YOU FOR YOUR SERVICE, NOT ONLY FOR YOU, BUT FOR ALL OF OUR COMMISSIONERS WHO PUT A LOT OF TIME AND WORK INTO, UH, THE PLANNING AND ZONING COMMISSION.

UM, ALL VOLUNTEER TIME.

IT'S NOT A PAID POSITION AS SOME PEOPLE MAY BELIEVE, AND WE'RE NOT CITY EMPLOYEES IF, AS I LEARN OFTENTIMES THAT, THAT PEOPLE BELIEVE.

SO WELCOME.

UM, YOU'VE GOT A LOT OF KNOWLEDGE HERE.

WE'RE ALL HAPPY TO HELP AND SUPPORT.

UM, THANK YOU.

DURING YOUR TIME HERE.

GLAD TO BE HERE.

THANK YOU.

IS THERE ANYTHING YOU'D LIKE TO SAY AS AN INTRODUCTION OR, NO, I'M EXCITED TO SERVE THE FOURTH MAYOR NOW AND THE CITY AND THE CITIZENS OF BERNIE'S PROUD TO BE HERE.

THANK YOU.

WELCOME.

THANK YOU.

MOVING FORWARD,

[4. 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)]

I HAVE TWO PEOPLE SIGNED UP FOR PUBLIC COMMENTS.

PATRICK DENNIS AND, UH, I BELIEVE KELLY JONES, WOULD YOU LIKE TO COME FORWARD AT THIS TIME AND, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD? GOOD EVENING.

MY NAME IS PATRICK DENNIS.

MY RESIDENCE IS 8 7 1 8 SONOMA VISTA HERE IN BERNIE, 7 8 0 1 5.

UH, I BRING YOU GREETINGS FROM MORNINGSIDE MINISTRY SENIOR LIVING COMMUNITIES, WHO I HEAR I'M RE REPRESENTING THIS DAY.

UM, FORMALLY I'M REQUESTING PERMISSION FOR US TO INSTALL A STREET SIGN, UH, FOR OUR NEWLY CONSTRUCTED ROAD TRADITION CIRCLE.

IT IS LOCATED AT OUR MENGER CAMPUS HERE, MANGER SPRINGS.

AND THE REQUEST IS FOR AN ENTRANCE SIGN OR SIGN, STREET SIGN COMING OFF OF UPPER BALCONES ROAD.

ADDITIONALLY, WE WOULD BE

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I'M OPEN TO ANY QUESTIONS ON THAT MATTER, MR. DENNIS.

WE DON'T USUALLY DURING PUBLIC COMMENT, ASK QUESTIONS OR UNDERSTOOD.

COVER ANY ITEMS THAT AREN'T ON THE AGENDA.

BUT UNDERSTOOD.

I SUSPECT THIS MAY BE A FUTURE OR AGENDA ITEM.

OKAY.

THAT, THAT MIGHT BE COMING FORWARD.

AND VERY GOOD.

UH, WE APPRECIATE YOU COMING DOWN AND KIND OF GIVING US AN EXAMPLE OF WHAT YOU'RE LOOKING FOR.

THANK YOU, MR. CHAIR.

WOULD YOU LIKE THIS IN WRITING FORMALLY? UM, YEAH, IT MIGHT, IT MIGHT BE BEST FOR STAFF.

OKAY.

I'LL DO SO AND THEN THEY WILL SHARE WITH ALL OF US.

THANK YOU VERY YOUR TIME.

THANK YOU VERY MUCH.

AND KELLY JONES? YEAH, SORRY.

THAT'S ME.

I'M FOLLOWING THE LEAD ON THE BOARD.

I'M HERE FOR A DIFFERENT OKAY.

YOU'RE HERE FOR THE PUBLIC HEARING? YES.

OKAY.

AND YOU CAN COME DOWN THEN.

THANK YOU.

OKAY.

OKAY.

THAT IS ALL I HAVE FOR PUBLIC COMMENT.

IS THERE ANYBODY ELSE HERE THAT WOULD LIKE TO SPEAK DURING PUBLIC COMMENT? IT LOOKS LIKE A LIGHT CROWDS, SO I'M GONNA TAKE THAT AS A NO.

UH, MOVING FORWARD TO

[5. 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.]

AGENDA ITEM NUMBER FIVE, CONSIDER APPROVAL OF THE MEETING OF THE MINUTES FOR THE PLANNING AND ZONING COMMISSION MEETING OF JUNE 1ST, 2026.

AND I HAVE A MOTION BY SUSAN AND A SECOND BY COMMISSIONER KELLER.

AND THE MINUTES ARE APPRO UNANIMOUSLY.

THANK YOU.

MOVING TO REGULAR

[6. 2026-278 CONSIDER A REQUEST FOR A VARIANCE TO CHAPTER 6, SECTION 6-2(B)(1)(A). LOT FRONTAGE REQUIREMENT, OF THE UNIFIED DEVELOPMENT CODE FOR A PROPERTY GENERALLY LOCATED AT CHRISTUS PARKWAY AND HERFF ROAD (KCAD 153703)]

CONSIDER A REQUEST FOR A VARIANCE TO CHAPTER SIX, SECTION SIX DASH TWO B ONE.

A LOT FRONTAGE REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE FOR A PROPERTY GENERALLY LOCATED AT CHRISTUS PARKWAY IN HERT ROAD.

GOOD EVENING COMMISSION.

MY NAME IS BEN SIMMONS.

I'M A MEMBER OF THE PLANNING DEPARTMENT AND WE'LL BE PRESENTING THIS ITEM.

UH, ALSO HERE TODAY IS THE APPLICANT, UH, FOR THIS PROJECT.

UH, THIS IS A REQUEST FROM P DAWSON ENGINEERS ON BEHALF OF CHRISTUS SANTA ROSA HEALTHCARE CORPORATION.

UH, THE REQUESTING A VARIANCE TO ALLOW FOR A LOT TO NOT HAVE FRONTAGE ALONG A PUBLIC RIGHT OF WAY.

UH, THIS IS THE SUBJECT PROPERTY SHOWN ON THE RIGHT IN THE MAP.

UH, IT IS APP APPROXIMATELY 7.762 ACRES AND IS CURRENTLY PLOTTED AS INGER PLACED SUBDIVISION UNIT ONE LOT TWO A.

UH, THE APPLICANT WOULD LIKE TO REPLAT THIS PARCEL INTO FOUR INDIVIDUALLY PLOTTED PARCELS.

THIS IS A ZONING VIEW OF THE SUBJECT PROPERTY.

IT'S ZONE C3 COMMUNITY COMMERCIAL.

IT ALSO IS WITHIN OUR SOBO OR SOUTH BURNING HYBRID COMMERCIAL CHARACTER ZONE.

THIS ZONE SEEKS TO PRIORITIZE AUTO ORIENTED DEVELOPMENT WHILE STILL RETAINING SOME WALK ELEMENTS AND MULTIMODAL TRAFFIC.

THIS IS A FUTURE LAND USE VIEW OF THE AREA.

AS YOU CAN SEE, THIS PROPERTY AS ALONG WITH THE OTHER PROPERTIES SURROUNDING IT, ARE, UH, DESIGNATED AUTO ORIENTED COMMERCIAL.

THIS DESIGNATION SEEKS TO PRIORITIZE COMMERCIAL USES WITH VEHICULAR ACCESS ALONG MAJOR ROADS AND THOROUGH AFFAIRS.

THIS IS A ENVIRONMENTAL CONSTRAINTS MAP.

YOU CAN SEE THERE IS SARAH FLOODPLAIN ON THIS PROPERTY.

THIS VARIANCE REQUEST IS IN RELATION TO UDC, SECTION SIX TWO B ONE A, WHICH STATES THAT ALL LOTS SHALL HAVE FRONTAGE ON A PUBLIC RIGHT OF WAY.

THIS IS THE CURRENT RECORDED PLAT FOR THIS, UH, PROPERTY.

YOU CAN SEE THE PARTIAL WE'RE TALKING ABOUT TODAY IS HIGHLIGHTED IN YELLOW.

THIS IS THE PROPOSED SUBDIVISION REPL.

SO YOU CAN SEE AT THE BOTTOM OF THE SCREEN THERE'S PARTIALS, A, B, AND C.

AND TO THE TOP THERE IS PARTIAL D UH, THERE'LL BE THESE FOUR, UH, PLATTED LOTS.

UM, PARTIAL D IS ALSO HIGHLIGHTED IN YELLOW.

THAT IS THE PARTIAL THAT WILL NOT HAVE FRONTAGE ALONG A PUBLIC RIGHT OF WAY.

UH, IT WILL HAVE ACCESS PROVIDED THROUGH, UH, ACCESS EASEMENTS, WHICH ARE SHOWN IN BLUE ON THIS, UH, THIS, UH, GRAPHIC.

UH, NOW WE'LL GET INTO THE FINDINGS OF FACT.

UM, FOUR VARIANTS.

ALL FIVE FINDINGS MUST BE MET.

UH, THE FIRST IS UNNECESSARY HARDSHIP INCLUDING FINANCIAL HARDSHIP.

UH, THIS PROPOSED REPL CREATES A PARTIAL THAT DOES NOT HAVE FRONTAGE ALONG A PUBLIC RIGHT OF WAY.

THE NEED FOR THIS VARIANCE APPEARS TO STEM FROM THE DESIRED LAYOUT OF THIS RE REPL, UH, ENFORCEMENT OF THIS STANDARD WOULD NOT RESULT IN AN UNNECESSARY HARDSHIP.

THE SECOND FINDING IS NO CHANGE IN USE.

UH, THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USES THE ZONING DISTRICT AND OVER DISTRICT DISTRICTS ALREADY ALLOW.

THE THIRD IS UNIQUE CIRCUMSTANCE RELATED TO THE PROPERTY AS

[00:10:01]

UH, THE NEED FOR VARIANCE IN THIS CASE IS A DIRECT RESULT OF THE LAYOUT PROPOSED BY THE APPLICANT AND NOT A UNIQUE, A UNIQUE CIRCUMSTANCE ON THE PROPERTY.

FOURTH IS, DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.

UH, THIS VARIANCE COULD NEGATIVELY IMPACT THE ABILITY OF THIS LAND TO BE DEVELOPED IN THE FUTURE AND COULD HAVE SOME NEGATIVE IMPACTS ON ACCESS TO THE SITE.

FIFTH IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE, OR SAFETY.

UH, THIS PROPOSED VARIANCE WOULD STILL HAVE TO MEET ALL OF OUR APPLICABLE ACCESS FIRE AND BUILDING STANDARDS.

IF THE COMMISSION CHOOSES TO RECOMMEND APPROVAL.

STAFF RECOMMENDS THE INCLUSION OF THE FOLLOWING STIPULATIONS.

THE FIRST IS PRIOR TO THE ISSUANCE OF CITY CONSTRUCTION RELEASE PERMIT OR COMMENCEMENT OF CONSTRUCTION, THE APPLICANT SHALL OBTAIN A FORMAL DRIVEWAY PERMIT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ANY PROPOSED ACCESS ONTO MAIN STREET.

THE SECOND IS THE PROJECT SHALL COMPLY WITH ALL APPLICABLE STANDARDS, PROCEDURES, AND REQUIREMENTS SET FORTH IN THE CITY OF BURN UNIFIED DEVELOPMENT CODE.

AND THE THIRD IS ALL SITE IMPROVEMENTS.

INFRASTRUCTURE, DRAINAGE AND ACCESS DESIGN SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BURN ENGINEERING DESIGN MANUAL SUBJECT TO REVIEW AND APPROVAL BY THE CITY ENGINEER.

UH, WITH THAT I WILL YIELD TO THE COMMISSION FOR DISCUSSION.

I'M ALSO HERE FOR QUESTIONS AS WELL AS THE APPLICANT COMMISSIONER KATES.

YEAH, I HAD, UH, SENT SOME IMAGES OVER.

ARE THOSE AVAILABLE FOR THE YES.

YEAH.

CAN YOU EXPLAIN TO ME WHERE THAT MAIN STREET ACCESS IS IN RELATION TO THESE IMAGES? IS IT CROSSING THIS CONCRETE DITCH? IT WILL BE, I BELIEVE, CROSSING THIS CONCRETE DITCH.

UM, HERE YOU CAN SEE JUST UP THE ROAD, THIS IS WHERE OUR, UH, R-B-F-C-U CROSSED THE SAME DITCH AND THE WAY THAT THEY WERE ABLE TO, TO DO THAT.

MM-HMM .

HOW FAR WOULD THIS, UH, REQUESTED ACCESS BE FROM THIS RB UH, UH, RANDOLPH BROOK LOCATION? SO AT THIS TIME, NO PLANS HAVE BEEN SUBMITTED OR APPROVED BY THE CITY.

SO WE REALLY NEED THE APPLICANT TO REACH OUT TO TDOT TO GET A TXDOT PERMIT FIRST SO THAT WE CAN UNDERSTAND WHAT THE REQUIREMENTS FROM TXDOT WOULD BE AND THEN WOULD WORK WITH THEM ON THE DRIVEWAY.

THERE IS AN ACCESS EASEMENT THAT'S ALREADY SET ON THE PLOT.

I BELIEVE THAT, UH, WE'RE ENCOURAGING USE FOR, FOR BOTH THIS PROPERTY AND THEN ADJOINING PROPERTY.

THE ACCESS EASEMENT THOUGH, YOU'VE GOT THE LOCATION OF THAT.

HOW FAR IS IT FROM THIS DRIVE TO THE ACCESS EASEMENT? I'M NOT SURE.

UH, WE MAY BE ABLE TO LOOK THAT UP HERE.

WHAT ARE THE REQUIREMENTS ON A MAJOR THOROUGHFARE FOR NEW ACCESS? HOW FAR APART DOES THAT HAVE TO BE? SO ON AN INTERIOR STREET, IT'S AN 800 FOOT SEPARATION DISTANCE.

OKAY.

HOWEVER, THOSE ARE CITY OF BERNIE STANDARDS AND NOT NECESSARILY TXDOT.

SO IT IS STILL A TDOT RIGHT AWAY.

AND TDOT HAS NOT BEEN APPROACHED ON THIS AT ALL YET.

I'M NOT AWARE OF THE COORDINATION THAT'S OCCURRED WITH TEXTILE.

OKAY.

UH, I HAD ALSO ASKED FOR AN ESTIMATE.

DO YOU HAVE ANY IDEA WHAT IT WOULD COST TO BUILD AN ACCESS LIKE THIS? NO, SIR.

SO REALLY THE ACCESS, IT'S NOT COMPLICATED.

IT'S JUST A DRIVEWAY CULVERT GOING OVER THE DITCH, UM, WHICH IS NOT AN EXCESSIVE AMOUNT.

SO THERE WOULD NEVER BE AN ISSUE OF PROPORTIONALITY WHERE THE DEVELOPER WOULD ONLY HAVE TO PAY A CERTAIN AMOUNT OF THIS.

SO ROUGH PROPORTIONALITY PERTAINS TO IMPROVEMENTS THAT ARE OUTSIDE OF NECESSARY CODE IMPROVEMENTS.

MM-HMM .

SO IF WE WANT EXTRA PAVEMENT, UM, ADDITIONAL TURN LANES SIGNALS, UH, BUT DRAINAGE IS PART OF A SITE'S DEVELOPMENT SO THAT IT CANNOT BE EXCLUDED DUE TO ROUGH PROPORTIONALITY.

OKAY.

THAT'S ALL I HAVE RIGHT NOW.

THANK YOU.

GREAT QUESTIONS.

ANY OTHER QUESTIONS OR COMMENTS? THE, UH, E THE EASEMENT THAT'S COMING OFF OF CHRISTUS, ISN'T IT? THE EASEMENT DRIVE? UH, THE, SO I'LL GO BACK TO THIS TO HELP SHOW.

YEAH.

SO THE ONE TO THE SOUTH THAT GOES TO CHRISTUS IS PROPOSED WITH THE REPL.

UH, THE ONE TO THE RIGHT THAT GOES TO MAIN STREET IS, UH, ALREADY EXISTING WITH THE 2017 PLAT, UH, FOR THIS AREA.

OH, OKAY.

WHEN YOU SAY ALREADY EXISTS, YOU MEAN IT'S AN EASEMENT? IT'S AN EASEMENT.

IT'S A RECORDED EASEMENT THROUGH THE PLANNING PROCESS.

AND, AND HOW FAR IS THAT FROM THE R-B-F-C-U DRIVEWAY? DO YOU KNOW? I DO NOT KNOW.

AND PRESUMPTIVELY LOT

[00:15:01]

NEED ONE AS IN.

SO, UM, WHAT I WILL SAY IS THAT YOU'VE GOT TWO LOTS THAT DO NEED ACCESS.

AND SO WHEN WE'RE TALKING ABOUT ACCESS TO THIS AREA, UH, ULTIMATELY WHAT'S BEST FOR THE CITY IS ONE POINT OF ACCESS FOR, FOR BOTH LOTS.

AND SO THAT'S WHY WE ENCOURAGE, UH, JOINT ACCESS EASEMENTS.

UM, WHEN YOU LOOK AT THIS AREA, THE SEPARATION DISTANCE THAT WE HAVE, SO 800 FEET, IT'S DRIVEWAY TO DRIVEWAY, BUT IT'S ALSO DRIVEWAY TO INTERSECTION.

SO YOU CAN SEE THE INTERSECTION OF CHRISTUS IS VERY CLOSE, UM, TO BOTH THOSE LOTS.

UH, R-B-F-C-U IS VERY CLOSE TO BOTH THOSE LOTS.

SO IN, IN GENERALITIES, BOTH OF THOSE DO HAVE KIND OF VERY LIMITED ACCESS ABILITY.

UM, WE WOULD HOPE THAT IN COORDINATION WITH TXDOT WE'D BE ABLE TO GET BOTH LOTS TO HAVE KIND OF ONE CENTRALIZED POINT OF ACCESS.

IT'S JUST THAT COORDINATION HASN'T HAPPENED YET.

IS THERE ANY PARTICULAR REASON WHY THE COORDINATION WITH TEXDOT HASN'T TAKEN PLACE? SO MY, MY BEST GUESS, AND I DON'T WANNA SPEAK FOR THE APPLICANT, SURE.

BUT I DO BELIEVE THAT THE LAYOUT OF THE PROPERTY WAS SO IMPORTANT TO THEM THAT THEY WANTED TO ENSURE THAT IT COULD BE APPROVED BEFORE THEY MOVE FORWARD WITH DOING ANY FORMALIZED PLANS.

BUT THEY'VE BEEN VERY COOPERATIVE AND THEY SEEM TO WANNA WORK WITHIN THE BOUNDARIES OF THE RULES THAT WE HAVE HERE IN THE CITY OF BERNIE.

SO WE'VE DONE QUITE A LOT OF EXTERNAL COORDINATION JUST ON THINGS RELEVANT TO THE SITE AND WHAT THEY WOULD BE ABLE TO DO.

AND SO THEY HAVE BEEN WORKING WITH US.

IT'S JUST, I THINK THEY'RE PROBABLY MORE INTERESTED IN ENSURING THEY GET THE LAYOUT BEFORE THEY DO TOO MUCH EFFORT.

ENERGY.

THANK YOU.

I WAS ON A SUBCOMMITTEE FOR THE CAR WASH, UH, UNIQUELY, I DON'T KNOW, IT WAS PROBABLY FIVE OR SIX YEARS AGO.

AND THERE WAS A, THERE WAS A LOT OF DISCUSSION AROUND THE DRIVEWAY FOR THE CAR WASH AS WELL.

UM, THAT'S NOT THE REASON WHY THE CAR WASH OR THE SUBCOMMITTEE WAS FORMED.

IT WAS PRIMARILY BECAUSE THEY HAD A BAY FACING A STREET.

RIGHT.

AND THAT'S A UDC REQUIREMENT THAT YOU CANNOT HAVE THAT.

AND SO THERE WAS A LOT OF CREATIVE ALTERNATIVE.

UM, I DON'T RECALL WHO I, IF ANYBODY IS STILL HERE THAT SERVED ON THAT SUBCOMMITTEE FOR THE GROUP.

NO.

UM, BUT THERE WAS SOME DISCUSSION ABOUT THE DRIVEWAY.

I USED THAT CAR WASH AND I THINK THAT ULTIMATELY WE MADE SOME OF THE RIGHT DECISIONS, UH, THERE AT THE TIME.

I LOOK AT THE DRIVEWAY ON MAIN AND I IMMEDIATELY WONDER, YOU KNOW, IF THAT'S A LEFT A RIGHT IN AND A LEFT OUT, THAT'S GOING TO CREATE SOME CHALLENGE WITH THE RANDOLPH BROOKS DRIVEWAY BEING, I MEAN, IT, IT'S NOT VERY FAR AT ALL.

UM, AND THEN POTENTIALLY, UM, I KNOW ANOTHER REQUEST FOR A DRIVEWAY FOR THAT LOT THREE A AS WELL.

UM, I DON'T KNOW IF THEY WOULD EVER GET ONE IF, IF IT WAS REQUESTED SHOULD THIS ONE BE GRANTED.

UM, BUT IT DOES LEAD ME TO QUESTION IF THE CHRISTUS PARKWAY, UM, DRIVEWAY IS SUFFICIENT OR IF NOT, IS IT A RIGHT IN ONLY, UH, DRIVEWAY OFF OF MAIN STREET? SO I WILL SAY A LOT OF THE DRIVEWAY AND ACCESS CONCERNS ARE NOT JUST AN ENGINEERING QUESTION, BUT IT ALSO PERTAINS TO FIRE CODE MM-HMM .

AND WHAT'S APPROPRIATE FOR FIRE ACCESS.

AND THEN I'LL, I GUESS I'LL REITERATE AGAIN, THE ACCESS ON MAIN STREET.

UM, TXDOT REALLY DOES HAVE A VERY VESTED INTEREST IN ENSURING THAT IT'S A SAFE ENTRANCE AND EXIT.

AND SO, UH, THEY DO RELY ON FEEDBACK FROM US, BUT ALSO, UH, ESPECIALLY ON MAJOR ROADS LIKE THIS, UM, THEY'RE VERY ATTENTIVE TO WHAT TURNING MOVEMENTS ARE ALLOWED.

AND SO I THINK A LOT OF THAT WILL PROBABLY GET SORTED THROUGH IF THIS DOES MOVE FORWARD.

AND WE DO BEGIN THAT COORDINATION WITH TEXDOT.

IT JUST HAS NOT BEEN ABLE TO OCCUR YET.

SO IF WE, IF WE GRANTED THE VARIANCE THIS EVENING, THERE'S STILL NOT ANY GUARANTEE THAT THE, THE DRIVEWAY WOULD BE APPROVED AFTER TEX TDOT CONSIDERATION.

SO WHAT, WHAT YOU'RE CONSIDERING THIS EVENING IS WHETHER THIS LOT, UH, NEEDS TO HAVE FRONTAGE ON A PUBLIC STREET.

THE ACTUAL WAY THAT THIS WORKS, UH, THIS IS A SAMPLE THAT WE'RE SHOWING THAT THEY WOULD LIKE TO DO.

OBVIOUSLY IT NEEDS TO GO THROUGH THE APPROPRIATE REVIEW PROCESS TO DO SO.

UM, AND THEN THINGS WILL LINE UP AND, AND WE'LL GO FROM THERE.

BUT THE, THE REAL QUESTION BEFORE YOU GUYS TONIGHT, IF YOU IS, IF YOU'RE OKAY WITH THIS LOT IN YELLOW, NOT HAVING FRONTAGE ON A PUBLIC STREET.

SO IN OTHER WORDS, WE DON'T KNOW EXACTLY WHERE THESE ARE GONNA BE.

UH, THOSE WILL BE DETERMINED

[00:20:01]

THIS IS THE FIRST STEP, UH, IN THEIR PROJECT.

THANK YOU.

SO REAL QUICK, IF I'M HEARING THIS RIGHT, REGARDLESS OF US APPROVING THIS TONIGHT, THEY'RE GOING TO SUBJECT TO TEXT DOT APPROVAL, HAVE ACCESS ALONG MAIN STREET.

IS THAT CORRECT? IF TEXT DOT ALLOWS IT, YES.

RIGHT.

IT'S SUBJECT TO THAT, THEN YES.

OKAY.

ALL YOU'RE SAYING TONIGHT IS YES OR NO, WE'RE OKAY WITH, UH, HAVING A LOT WITHOUT THAT FRONTAGE.

WHAT IS THE, WHAT IS THE MINIMUM WIDTH FOR LOT FRONTAGE HERE? DO Y'ALL KNOW OFFHAND IN COMMERCIAL DISTRICTS? DO NOT.

OKAY.

I'LL LOOK THAT UP FOR YOU REAL QUICK.

AND THEN THIS, I, WE PROBABLY DON'T HAVE THIS, BUT AS FROM THE APPLICANT'S, I'M ASSUMING THE EASEMENT ACCESSES WOULD BE FOR PERPETUITY THAT, YOU KNOW, ANY FUTURE OWNERSHIP IF THIS WERE GRANTED AND THEN OWNERSHIP CHANGE, THAT THAT ACCESS WOULD RUN WITH THE PROPERTY AND NOT LANDLOCK THIS.

CORRECT? YES.

SORRY.

OKAY.

I'M MATTHEW CUSHMAN, UH, CIVIL ENGINEER AT PAWSON.

UM, WE SUBMITTED THE APPLICATION.

I JUST WANT TO CLEAR SOME THINGS UP 'CAUSE I THINK THERE'S, THAT'LL GO BACK TO THE PLAT.

SO THIS WAS PLATTED WITH TXDOT APPROVAL FOR A DRIVEWAY THAT'S ACROSS FROM, UM, MENGER, MENGER PLACE SUBDIVISION.

I THINK, UM, A WRITE IN RIGHT, IT WOULD BE A WRITE IN RIGHT OUT.

AND SO, UM, THE PLAT THAT WAS ALREADY RECORDED ALREADY GUARANTEES THAT ACCESS AND THE, AND THE LANGUAGE SAYS IT HAS TO BE AS FAR AWAY AS POSSIBLE FROM MAINE AND CHRISTUS INTERSECTION.

AND SO WE WERE IN WORKING TO DEVELOP THIS TRACK, WHICH HAS BEEN VACANT FOR QUITE SOME TIME.

UM, IT'S GOT SOME FLOODPLAIN ISSUES, SOME FILL, UH, REQUIREMENTS.

WE WERE TRYING TO INITIALLY LOOK AT FLAG LOTTING IT BEING ABLE TO CREATE SOME OUT PARCELS THAT WOULD, WE COULD SELL AND THEN HAVE INTERIOR DRIVES.

SO THE DECISION WAS BETWEEN REQUEST OF VARIANCE FROM THE TWO TO ONE OR THREE TO ONE KIND OF BLOCK LOT DEVELOPMENT BECAUSE EITHER IF YOU WANNA SPLIT THIS UP, YOU'RE GONNA HAVE DEEP, LONG PARCELS THAT SATISFY IT, OR YOU'RE JUST GONNA DEVELOP THE WHOLE THING AS LIKE A CONDO REGIME.

UM, BUT KNOWING THAT THAT ACCESS WAS APPROVED ALREADY IN THE RECORDED PLAT AND IT WOULD BE A RIGHT IN RIGHT OUT, UH, WE THOUGHT, WE THOUGHT THIS WAS THE BEST APPROACH TO GET APPROVAL TO A PATH TOWARD DEVELOPMENT BECAUSE THAT LOT THREE A WOULD GET ITS DRIVEWAY ACCESS CONSTRUCTED WITH THIS PRO, WITH THIS PROJECT.

AND THEN ALSO THE, THE CAR WASH WOULD GET ITS CONNECTOR ROAD AND THEN THAT RING ROAD WOULD STILL BE, UH, PART OF THE DEVELOPMENT TO THE WEST FOR THE SPROUTS AND, AND ALL THAT.

SO WE FELT THIS WAS THE STRONGEST CASE TO BRING TO, TO THE COMMISSION.

UM, AND, AND, AND JUST WITH THE APPROVAL TO HAVE THAT LOT LAYOUT AS PRESENTED, UM, THAT WOULD BE ABLE, THAT WOULD ALLOW US TO BRING TRAFFIC OFF OF CHRISTUS.

AND THEN, UM, YOU CAN'T SEE IT, BUT EACH OUT PARCEL WOULD HAVE CONNECTIVITY AND FIRE LOOP AND EVERYTHING, UM, TO BRING THE TRAFFIC ON SITE AND THEN HAVE THAT SECONDARY ACCESS ON MAY, THAT WOULD BE THE RIGHT IN RIGHT OUT.

SO, UM, BUT I JUST WANTED TO MAKE THAT POINT THAT THE DRIVEWAY IS APPROVED ALREADY ON THE PLAT COMMISSIONER KATES.

YEAH.

UH, YOU SAID IT'S ALREADY BEEN PRE-APPROVED BY TEXT DOT? YES, SIR.

AND THE NOTES ON THE, ON THE AMENDING PLAT, UH, THERE'S A TEXT DOT, UH, APPROVAL THAT SAYS THE DRIVEWAY IS LIMITED TO, UH, SINGLE ACCESS THAT'S FARTHER AS FAR AWAY.

SO BASICALLY AS WE DREW IT, THAT THAT'S, THAT'S WHERE TEXT TDOT WOULD ALLOW THE WRITE IN, WRITE OUT.

AND WE WOULD STILL NEED A PERMIT THROUGH THEM AND PROVIDE DRAINAGE AND THERE'S NO ADVERSE IMPACT.

WE'D HAVE TO PROVIDE A TIA, UH, AS PART OF THIS.

BUT THIS IS JUST THE KIND OF THE FIRST STEP TO BRING THIS TO, TO THE CITY.

UM, BEFORE WE START IN EARNEST ON, IF TDOT'S ALREADY APPROVED IT, WHY WOULD IT NEED FURTHER TEXDOT APPROVAL? I GUESS I'M A LITTLE CONFUSED ON THAT.

THEY WOULD WANT TO KNOW, UH, HOW IT WORKS WITH THE TRIP COUNT, UH, OF THE, OF THE USES OF THE PROPERTY.

AND THEN ALSO THEY'D WANT TO MAKE SURE THAT WE WEREN'T SENDING WATER INTO THE, INTO THE RIGHT OF, DID THEY APPROVE IT JUST ANYWHERE IT WANTS TO BE ALONG THERE OR DID THEY APPROVE A SPECIFIC LOCATION? UM, I DON'T HAVE THE NOTE, BUT THE NOTE ON THE PLAT APPROVES IT AS FAR AWAY FROM THE INTERSECTION AS POSSIBLE.

SO AS FAR TO THE NORTHWEST, BUT AS FAR AWAY AS POSSIBLE PUTS IT RIGHT NEXT TO, UH,

[00:25:01]

RIGHT.

SO THERE'S ALREADY A DRAINAGE EASEMENT THERE.

SO WE WOULD HAVE CULVERT IMPROVEMENTS AS A ABIGAIL NOTED.

AND THEN THERE WOULD, THERE THEY TXDOT WOULD NOT ALLOW UNSAFE TURNING MOVEMENTS LEFT THAT WOULD CREATE CONFLICT THERE.

SO IT WOULD BE A RIGHT IN, RIGHT OUT.

BUT THERE WOULDN'T BE ROOM FOR A RIGHT, UH, TURN LANE.

YES, SIR.

EXCEL LANE THERE WOULD, THERE NO, BECAUSE MOST, MOST OF THE TRAFFIC WOULD BE, I'M SORRY TO CUT YOU OFF.

YEAH.

BECAUSE OF RANDOLPH BROOK, YOU WOULD NOT HAVE ROOM FOR A DESAL LANE THERE, WOULD YOU? RIGHT.

YES, SIR.

SO MOST OF THE TRAFFIC IS ANTICIPATED TO COME FROM CHRISTUS TO THOSE, TO THOSE OUT PARCELS.

WHAT WHATEVER USES THEY WOULD BE, WHETHER IT'S DRIVE THROUGH OR CRAFT SPEED OR COFFEE SHOP OR, SO THAT'S YOUR MAIN INTERSECTION IS CHRISTUS AND HER, ONE OF THE FIRE CODES FOR, UH, IF THEY DIDN'T HAVE THAT MAIN STREET ACCESS AND HAD THAT LOCKED BACK THERE, WHAT'S, WHAT, WHAT'S THE FIRE CODE ON THAT? UM, AT THIS POINT WE HAVEN'T HAD A FORMALIZED DESIGN, SO WE HAVEN'T HAD A MEETING WITH OUR, UH, FIRE CHIEF.

UH, I WOULD LIKE TO NOTE THAT THIS WILL HAVE TO MEET ALL APPLICABLE FIRE CODES.

UH, SO IT, IT STILL WOULD BE REVIEWED BY THE FIRE MARSHAL FOR ALL APPLICABLE CODES AND WOULD HAVE TO COMPLY WITH THEM.

BUT HAVING THAT SECONDARY ACCESS ONLY MAKES LIFE SAFETY BETTER FOR THE DEVELOPMENT.

YOU CAN IMAGINE ALL THOSE PARKING SPACES, EVERYONE TRYING TO FUNNEL DOWN TO CHRISTUS PARKWAY.

IT'S, IT, IT, WE'RE ALSO TRYING TO BRING PEOPLE ON THE SITE ENCOURAGE CIRCULATION ON SITE.

UM, SO THAT'S, SO THEY'LL NEED TWO POINTS OF ACCESS ON IT.

YEAH.

OTHERWISE WE'D BE REQUESTING ANOTHER ACCESS POINT OFF CHRISTUS, UH, CLOSER TO THE CAR WASH, WHICH IS NOT IDEAL OR FURTHER WEST, WHICH ALSO ISN'T IDEAL.

COMMISSIONER BIRD.

SO THE, THE TEXT EASEMENT EXISTS WHETHER WE GRANT THE VARIANCE OR NOT.

CORRECT? YES, SIR.

SO, SO BASICALLY IS, IT'S, IS AN OPTION IF, IF WE WERE NOT TO GRANT THE VARIANCE, WOULD THE OPTION BE TO COMBINE PARCEL A AND D TO, TO, UH, MEET THAT FRONTAGE STIPULATION? NO, SIR.

THAT WOULDN'T, THAT WOULD NOT BE COMPLIANT WITH THE CURRENT EVC.

WE'D HAVE TO COME BACK FOR ANOTHER VARIANCE.

WHY, WHY IS THAT NATHAN? UH, HELP ME OUT, MATT.

UM, ARE YOU TALKING YOUR WIDTH RATIO WITH THE DEPTH AND FLAG LOT OR PIANO KEYS? WE HAD SUGGESTED THAT AS AN OPTION LOT.

SO YOU, SO THE MINIMUM LOT WITHIN C3, THE SITE ZONE C3 IS 60 FEET.

60 FEET 60.

AND WHAT IS, WHAT IS PARCEL A, UM, BIGGER, ESSENTIALLY YOU WOULD BE CREATING THIS LIKE A PIANO KEY LOT.

YEAH.

WHICH IS NOT ALLOWED IN THE UDC.

OKAY.

SO WE FELT WE HAVE TO SATISFY ONE OF THE REQUIREMENTS, WHETHER THAT'S FRONTAGE TO A LOT OR, UM, UM, ASKING FOR A PIANO KEY, WHICH IT WOULD BE SETTING THE PRECEDENT.

SO WE THOUGHT THIS WAS THE BEST WAY FORWARD BECAUSE IT'S KIND OF A WIN-WIN FOR LOT THREE A.

THE ACCESS IS ALREADY THERE IN THE RECORDED PLAT WITH T AND IT WOULD BE A PATH FORWARD TO DEVELOPING THIS TRACK.

OKAY.

THANK YOU.

OKAY.

THERE ARE ANY OTHER QUESTIONS.

I'LL OPEN UP THE PUBLIC HEARING.

I WILL OPEN THE PUBLIC HEARING AT 6:29 PM TO CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING PROPOSED AMENDMENT TO THE UNIFIED DEVELOPMENT CODE ADOPTED ON JANUARY 14TH, 2025.

UH, IS THAT RIGHT? NO, YOUR HONOR, MEMBER, I'M SORRY.

THAT'S RIGHT.

I DON'T NEED TO OPEN A PUBLIC HEARING.

YEAH, MY APOLOGIES.

WELL, WITH THAT BEING SAID THEN, IS THERE A MOTION FOR ANY FURTHER DISCUSSION? I HAVE A, I HAVE A COMMENT.

COMMISSIONER FRYER.

I FEEL LIKE THIS IS A SOMEWHAT SIMILAR SITUATION THAT WE WERE IN WITH THE LITTLE DUPLEX COMMUNITY.

OH, THAT WAS KIND OF LANDLOCK TWO OVER, UH, BY HAMPTON PLACE AND HAVING VISIONS OF THIS SAME SETUP.

IF, IF THIS PROJECT DOESN'T COME, THEY GET THE VARIANCE AND THIS PROJECT DOESN'T COME TO FRUITION, THEN WHAT, WHAT HAPPENS IN THE FUTURE? BECAUSE WASN'T THAT A SIMILAR SITUATION WITH THAT LOT ACCESS? THEY HAD ACCESS THROUGH AN

[00:30:01]

THEY GO THROUGH THE SCHOOL, RIGHT.

WHICH THEY DIDN'T HAVE ACCESS TO.

SO I'M KIND OF FEELING LIKE THIS IS A SIMILAR SCENARIO.

I THINK, LIKE IT SAYS IN THE, UH, INFORMATION PACKET, THIS IS MORE OF A CONVENIENCE FOR THE DEVELOPER THAN IT IS AN ACTUAL NEED FOR BERNIE OR THE CITIZENS.

THEY, THEY, THEY DON'T HAVE TO SPLIT IT INTO FOUR LOTS LIKE THIS.

AND, UM, I'M VERY UNCOMFORTABLE WITH A, UH, FLOATING EASEMENT THAT TXDOT MAY HAVE, BUT NOBODY KNOWS QUITE WHERE IT IS OR WHAT IT IS, OR, UH, UM, I DON'T KNOW.

I, I JUST, UH, I WENT UP THERE AND LOOKED THIS MORNING.

THAT'S A SHORT DISTANCE FROM RANDOLPH BROOKS DOWN TO, UH, CITRUS PARKWAY AND TO PUT ANOTHER ACCESS IN THERE, NOT KNOW FOR SURE WHERE IT'S GONNA BE.

UM, I, I'M NOT COMFORTABLE WITH, UH, WHO WOULD HAVE TO PAY THE COMPLETE COST, BECAUSE THAT'S NOT GONNA BE A CHEAP CROSSING THERE.

SO, UM, COMMISSIONER KATES THAT WE DREW THE ACCESS AS IT WAS APPROVED IN THE RECORDED PLAT.

SO WHETHER, WHETHER THIS PROJECT MOVES FORWARD OR NOT, THAT ACCESS CAN STILL BE THERE.

TDO HAS ALREADY APPROVED THAT FOR LOT A OR THREE A, EXCUSE ME.

SO TEXDOT HAS ALREADY AGREED TO APPROVE THAT'S PROBABLY NOT A HUNDRED FEET FROM RANDOLPH BROOKS.

YES, SIR.

IT, IT IS.

I I WISH, I WISH I HAD THE PLAID TO PULL UP THE NOTES TO SHOW YOU.

UM, I DON'T KNOW IF WE HAVE IT OR NOT, BUT I I, I WOULDN'T WANT THAT TO BE THE SOLE DECIDER OF THIS.

YEAH.

YES, SIR.

WELL, I THINK THE, THE SIGHTING FACTOR IS THAT THE LANGUAGE SAYS THAT IN ORDER TO GRANT THE VARIANCE IT HAS TO MEET ALL OF THE CONDITIONS AND IT DOESN'T MEET.

YEAH.

CORRECT.

ANY OF THEM.

I I WOULD ALSO LIKE TO COMMENT ON THAT TOO, JUST BECAUSE IF, IF THERE WAS ANOTHER WAY FOR A DEVELOPER TO RECOUP INITIAL CAPITAL ON THIS SUBDIVISION, PROBABLY WOULD'VE HAPPENED BY NOW.

UM, BUT THIS, THIS IS, UH, A WITH ALL THE OTHER ENTITLEMENT ISSUES, THE FLOOD PLAIN AND EVERYTHING, UM, ASSOCIATED WITH THIS, THIS IS, THIS IS THE PATH FORWARD TO DEVELOPMENT.

UM, AND I THINK YOU MAY SEE ANOTHER REQUEST LIKE THIS IN THE FUTURE OR SOME SORT OF FLAG SHAPE REQUEST.

AND, YOU KNOW, I, I DON'T KNOW OF, OR, OR ANOTHER USE A BIG BOX STORE COULD COME IN AND DEVELOP THE WHOLE TRACK, BUT THEY WOULD STILL PROBABLY HAVE ACCESS FROM THE, SO LET ME ASK YOU THIS.

WE'VE, WE'VE HEARD SOME VARIANCES OVER THE PAST FEW YEARS THAT HAD, UM, THEY WERE CREATIVE AND UNUSUAL, YOU KNOW, UH, VARIANCES FOR A REASON, BUT THEY WERE OFFERING A SIGNIFICANT AMOUNT OF IMPROVEMENT FOR THE PUBLIC ON THAT PROJECT.

AND I, I'M, I DON'T HEAR THAT, UM, IN THIS, WHAT, WHAT ARE YOU WILLING TO GIVE AN EXCHANGE? RIGHT? WHAT, WHAT, WHAT'S IN IT FOR THE COMMUNITY? I, I THINK AS PART OF THIS, THIS SOBO OVERLAY, UM, WE WOULD INCORPORATE THAT, BUT IF SOMETHING NEEDS TO BE DEFINED FOR GREEN SPACE OR PUBLIC SPACE OR PUBLIC CIRCULATION, UM, DEFINITELY COULD BE HERE.

I'LL, I'LL THE ENGINEER HELP DEVELOPMENT.

YEAH.

HEY, I'M SKYLER ALONG WITH JBS CAPITAL.

UH, WE ARE THE DEVELOPER THAT WORK WITH CRUNCH FITNESS AND DO MOST OF THEIR GROUND UP DEVELOPMENT THROUGHOUT THE SOUTHEAST AND, AND THE SOUTH AS WELL.

UM, YOU KNOW, JUST A FEW THINGS I WANNA ADDRESS REAL QUICK AND UNDERSTAND ALL THE CONCERNS ABOUT THE DRIVEWAY, BUT AGAIN, IF LOT THREE A IS EVER DEVELOPED, IT'S GONNA HAVE A DRIVEWAY OFF OF MAIN STREET BECAUSE THAT'S THE ONLY ACCESS TO IT, AND IT'S GONNA BE IN THAT LOCATION.

SO IF THIS LOT WERE NOT TO BE GRANTED, IF YOU WERE TO SAY, OR THE VARIANCE WERE NOT TO BE GRANTED, IF YOU WERE TO COME IN AND PERMIT THIS AS JUST ONE PARCEL, THAT DRIVEWAY IS STILL GONNA GET TO BE THERE.

SO THE ENGINEERING SIDE OF THIS ISN'T GONNA GET SOLVED THROUGH THIS VARIANCE THAT, THAT, THAT ACCESS IS GONNA BE THERE AND WE WANT IT TO BE THERE.

WE'RE NOT GONNA DEVELOP IT WITHOUT IT.

UH, TO YOUR QUESTION, AS FAR AS, UH, WHAT DO WE BRING TO THE COMMUNITY, THIS IS OBVIOUSLY A HEAVILY RETAIL CORRIDOR.

UM, IT HAS A LOT OF RETAIL USES.

AND WHEN I LOOK AT YOUR FUTURE LAND USE MAP, YOU TALKED ABOUT IT BEING MODO DRIVEN, BUT PEDESTRIAN FRIENDLY.

WE'RE A DESTINATION FOR PEOPLE.

WE DRIVE A LOT OF TRIPS TO THIS AREA.

UM, BUT IT'S OBVIOUSLY A, UH, A PHYSICAL FITNESS CENTER.

SO A LOT OF PEOPLE, THEY PARK THERE AND USE THE SURROUNDING BUSINESSES AS WELL.

IT'S MORE OF A LIFESTYLE AMENITY THAN IT IS JUST A RETAIL AMENITY, WHICH IS WHAT A LOT OF THE OTHER BUSINESSES ARE AROUND THERE.

SO WE FOUND THE COMMUNITIES LIKE TO HAVE US, BECAUSE WE OFFER SOMETHING BESIDES JUST SHOPPING.

WE OFFER ACTIVITY.

UM, THERE'S CHILDCARE CENTER HERE, SO FAMILIES CAN COME AND USE THIS FACILITY AS WELL.

IT'S NOT JUST A PLACE TO COME AND SHOP.

IT'S

[00:35:01]

THANK YOU, NATHAN.

FROM THE CITY'S PERSPECTIVE, PREFERENCE WISE, I MEAN, THEY WOULD HAVE TO COME TO US IF THIS WAS FLAG SHAPED, IF IT WAS 60 FEET WIDE AND THEN WENT BACK TO THE LARGER PORTION OF IT, THEY WOULD REQUIRE A VARIANCE ON THAT AS WELL.

IS THAT CORRECT? IT COULD.

IT DEPENDS HOW IT'S DESIGNED, RIGHT? YEAH.

SO YOU HAVE TO HAVE A MINIMUM OF 60 FEET AND, AND THEN MEET THE OTHER STANDARDS ASSOCIATED WITH IT.

YEAH.

SO AGAIN, TONIGHT YOU'RE DECIDING WHETHER YOU, WHETHER THEY SHOULD HAVE THAT PUBLIC ROAD FRONTAGE.

RIGHT.

UM, I WAS JUST TRYING TO THINK CREATIVELY IF THERE WAS A WAY AROUND, AND IT MAY NOT BE PREFERENTIAL FOR THEM TO HAVE SOME TYPE OF 60 FOOT WIDE STRIP THAT GOES BACK TO WHAT THEY'RE TRYING TO DEVELOP.

UM, YEAH, WE'D HAVE TO LOOK AT THAT FOR, DO SOME MATH AND LOOK AT THAT FOR RATIOS AND THINGS LIKE THAT, BUT, RIGHT.

UM, OKAY.

AND THERE, SO AS I'M SEEING THIS HERE AS WELL, THE ENTRANCE OFF OF CHRISTUS, THERE'S A DRIVE THAT WILL CONNECT THAT'S ALREADY KIND OF LAID OUT TO THE CAR WASH.

CORRECT.

AND THEN MM-HMM .

WHERE YOU TURN TO GO TO THE NEW DEVELOPMENT WHERE CHIPOTLE AND ALL THAT IS, THAT DRIVE WOULD CONNECT ACROSS THERE AS WELL, I'M ASSUMING? UH, I DON'T BELIEVE SO.

OKAY.

I THINK THERE'S ACROSS DRAINAGE AND RETENTION ON THAT, NOT ACROSS PARCEL.

A OKAY.

YEAH.

NOT, NOT ACROSS THERE.

THERE'S A ROAD, UH, FARTHER TO THE WEST THAT GOES INTO THAT AREA.

MM-HMM .

UH, BUT I BELIEVE THAT CORNER RIGHT THERE, IF I REMEMBER CORRECTLY, IS A DRAINAGE FOR THAT DEVELOPMENT.

OKAY.

I, I THOUGHT I REMEMBERED THERE BEING, AS SOON AS YOU TOOK A RIDE OFF OF CHRISTUS, A LITTLE ROAD THAT KIND OF WENT BACK TO THE, TO THE EAST.

THERE IS, IT'S FARTHER, IT'S JUST FARTHER WEST.

GOTCHA.

OKAY.

THANK YOU.

COMMISSIONER KELLER.

COMMISSIONER KATES, IF THIS IS GRANTED, IS IT GRANTED BASED ON THIS LAYOUT OR COULD, UH, UH, COULD PARCELS A, B, C, AND D BE RECONFIGURED NOW THAT THEY HAVE AN ACCESS TO MAIN STREET? IT COULD POTENTIALLY BE RECONFIGURED.

OKAY.

UM, WHAT YOU'RE SAYING IS YES, YOU KNOW, PARCEL D GENERALLY 4.24 ACRES IN THE BACK DOESN'T NEED, DOESN'T NEED OR DOES NEED, UM, THAT ACT THAT MEET THE LOT WITH REQUIREMENTS.

BUT THIS DOESN'T, IF THIS IS, THIS IS A GENERAL GRANT OF A WAIVER FOR THIS PARCEL, AND THEY CAN RECONFIGURE IT ANY WAY THEY WANT TO AFTER GETTING THAT WAIVER, CORRECT? MM-HMM .

OR YOU CAN TIE IT TO THIS EXHIBIT IF YOU'D LIKE, OR IF, IF, IF YOU FEEL THAT'S MOST APPROPRIATE.

DO YOU HAVE A MOTION? UH, I MAKE A MOTION TO DENY COMMISSIONER KATES NOT TO APPROVE, NEED TO BE CHANGED.

I DO HAVE ONE MORE QUESTION.

IS THAT MM-HMM .

OKAY.

YOU BET.

UM, I NOTICED, AND I HADN'T GONE BACK TO FIND IT, BUT SOMEWHERE IN WHAT THE APPLICANT PROVIDED, UH, SAYS THAT THE CURRENT PLAT WOULD ONLY SUPPORT ONE TYPE OF DEVELOPMENT.

CAN SOMEONE EXPLAIN WHAT THAT MEANS OR WHAT TYPE OF DEVELOPMENT WOULD THAT BE? THAT THE CURRENT PLAT WOULD ALLOW? I GUESS SO THAT, THAT WAS RELATED TO THE RESTRICTIONS ON SUBDIVIDED.

THE, THE LOT.

SO YOU'RE AT, YOU'RE LOOKING AT ONE BIG SEVEN AND A HALF ACRE TRACT.

THAT CAN ONLY BE A CERTAIN AMOUNT OF USES.

SO WE'RE THINKING BIG BOX STORE OR SOME LARGE RETAILER.

SOME LARGE FOOTPRINT.

OKAY.

THAT'S WHAT I MEANT BY THAT.

OKAY.

GOTCHA.

THANK YOU LUKE.

LUCAS, QUICK QUESTION.

UM, OR JUST FOR CLARITY, UM, AS IT SITS NOW, ONE BIG PARCEL, I'M ASSUMING THAT THE CHALLENGE IS THAT THERE ISN'T A VIABLE TENANT FOR THAT ONE BIG PARCEL, RIGHT? SO, SO THE, THE MOST, UM, WHETHER IT BE ECONOMICAL, UM, BENEFICIAL APPROACH WOULD BE TO SUBDIVIDE IT.

YES.

BECAUSE I'M ASSUMING THAT CRUNCH FITNESS, WHICH IS THE ONLY VIABLE TENANT AT THE MOMENT, DOESN'T NEED THAT ENTIRE PARCEL.

SO IT WOULD BE CRUNCH

[00:40:01]

YES.

OR YOU COULD IF, IF IT EVEN COMES TO BE, BECAUSE THEY WON'T, THEY DON'T NEED AS BIG A LOT.

YEAH.

IT'S, IT'S A WAY TO ALSO DEVELOP THE TRACK IN UNISON WITH WHAT'S ALREADY OUT THERE.

I MEAN, THE B DEVELOPMENT IS THE SAME WAY.

THEY JUST WEREN'T LANDLOCKED WITH ACCESS THE WAY WE ARE THERE, THAT WAS MASTER PLAN.

SO HERE, WE'RE KIND OF LEFT WITH THIS SEVEN AND A HALF KIND OF AWKWARD, LARGE SQUARE.

UM, AND WE'RE TRYING TO DO A SIMILAR DEVELOPMENT TO THE AVISO DEVELOPMENT WHERE YOU'VE GOT YOUR PANDA, YOUR, YOUR, UH, CHICKEN CAT SALAD, CHICK, ALL, ALL, YOU KNOW, ALL THAT THERE WITH THE FRONT.

UH, OR, OR IT COULD BE, YOU KNOW, WHATEVER THE END USE IS, UM, WHERE WE'RE TRYING TO DEVELOP IT AND WITH THAT GOAL IN MIND.

UM, BUT YES, OTHERWISE YOU'VE GOT SEVEN AND A HALF ACRES AND TO ME, THAT'S MULTIFAMILY OR BIG BOX OR, YOU KNOW, THAT'S, THAT'S NOT RIGHT.

SOMETHING THAT WE'RE SEEING IN THE CADENCE DOWN THE, THE FRONTAGE ROAD INTO THE SOBO DISTRICT.

RIGHT.

UM, AND SO I'M ASSUMING THAT YOUR FIRM, RIGHT, YOU ALL DO A LOT OF ENGINEERING.

UM, DO YOU HAVE EXAMPLES OF ANYWHERE ELSE IN TEXAS WHERE THIS HAS WORKED, WHERE YOU'VE DONE SOMETHING LIKE THIS AND IT AND IT WORKS? BECAUSE I MEAN, I I, I FEEL LIKE I'VE EXPERIENCED THIS BEFORE IN OTHER PLACES.

MAYBE AUSTIN, MAYBE DALLAS, MAYBE HOUSTON, BUT I MEAN, SURE.

YEAH, I THINK RIGHT NOW IT FEELS LIKE IT'S SOMEWHAT UNIQUE TO BERNIE.

UM, 'CAUSE I DON'T KNOW THAT WE'VE DONE THIS BEFORE.

UM, SO, SO I'M JUST CURIOUS WHETHER YOU HAVE EXAMPLES OF WHERE IT'S BEEN DONE AND WHERE IT'S, SO WE, WE INITIALLY, UM, SO YEAH, I, I'VE WORKED IN BERNIE FOR THE LAST SIX YEARS.

I KNOW SOME OF THE COMMISSIONERS WE WORK TOGETHER, UM, IN SAN ANTONIO, THEY ALLOW FLAG LOCKS.

SO THEY ALLOW THE DEVELOPMENT TO HAVE LIKE A KIND OF LIKE A MAIN FEEDER ROAD BACK TO THE LARGE ANCHOR TENANT AND THEN THE OUT PARCELS.

AND SO, BUT THE BURN UVC DOES NOT ALLOW THAT.

AND SO DEVELOPMENT WOULD NEED TO BE CREATIVE IN HOW THEY'RE ABLE TO SUBDIVIDE A TRACK LIKE THIS.

WE'RE KIND OF PUT AGAINST THE WALL WITH BEING ABLE TO HAVE OUT PARCELS.

THE ONLY OTHER OPTION WOULD BE, UM, LIKE I SAID, LIKE THE, THE FLAG LOT VARIANCE REQUEST THAT, UM, I DON'T THINK IS BETTER SINCE THIS SATISFIES THE DEPTH TO WIDTH RATIOS THAT ARE IN THE UDC.

SO WE'RE TRYING TO CONFORM WITH THE CODE AS WRITTEN AND THEN TAKE ADVANTAGE OF THAT E ACCESS EASEMENT THAT'S ALREADY THERE AND PLATTED.

AND, UM, SO WE THOUGHT THAT WAS, THAT WAS LESS OF A NON-CONFORMING, UH, LAYOUT AS PERSON MAY THAN A .

BUT SAN ANTONIO, YES, WE, THERE'S, THERE'S PLENTY OF DEVELOPMENTS THERE AND PLATS THAT HAVE, UH, UH, LIKE A BIG, LIKE AN ANCHOR TRACK AND THEN OUT PARCELS.

YEAH, SIMILAR LAYOUT.

SO RIGHT NOW, I MEAN WE, IF WE DENY OBVIOUSLY THE PARCEL SITS, THAT'S ALL CAN, CAN I MAKE A SUGGESTION, AN ALTERNATIVE MAYBE? UM, IF, IF, AND I DON'T KNOW THEIR TIMELINE OR ANYTHING LIKE THAT.

UH, RECENTLY WE RECEIVED, AS IN LIKE LAST THURSDAY, WE RECEIVED AN APPLICATION FOR AN SUP ON LOT THREE A, UH, THAT YOU SEE THERE THAT CAN PROVIDE SOME ADDITIONAL INFORMATION TO YOU.

UH, PERHAPS WE CAN SHOW SOME ALTERNATIVES, UH, FOR YOU THAT WOULD MEET THE WIDTH AND THE, UH, DEPTH RATIO AND COME BACK AND PROVIDE YOU SOME ADDITIONAL INFORMATION TO HELP, UH, WITH YOUR DECISION MAKING, IF THAT WOULD BE USEFUL.

HOW, SO THE APPLICANT FOR THE SUP IS THE SAME DEVELOPER HERE TODAY OR IT'S DIFFERENT? IT'S DIFFERENT.

IT'S DIFFERENT.

SO, SO WE HAVE A LOT GOING ON IN THIS AREA.

YEAH.

WHAT WE DO IS WE DO AN OVERLAY AND, UH, AND YOU SEE HOW EVERYTHING WORKS TOGETHER.

IF I HAVE A, WELL, MY, MY MOTION, MY MAIN REASON WHY MOTION IS I HAVE TOO MANY UNANSWERED QUESTIONS.

WE STARTED OFF WITH, WE WOULD HAVE TO GO TO TXDOT AND GET A PERMIT TO, THERE'S AN EASEMENT TO TDOT'S ALREADY APPROVED THIS TO WE NOT SURE WHERE IT IS OR HOW FAR IT IS FROM ANYTHING ELSE.

THAT'S MY BIGGEST CONCERN ON APPROVING THIS TONIGHT.

THERE ARE TOO MANY UNANSWERED QUE IF THERE'S AN EASEMENT EXISTING, SOMEONE SHOULD KNOW WHERE IT IS.

SOME WOULD, SHOULD KNOW WHAT IT TAKES TO, UH, GO ACROSS THAT EASEMENT.

SOMEONE SHOULD KNOW HOW FAR IT IS FROM DRIVEWAY TO DRIVEWAY, HOW FAR IT IS FROM THAT EASEMENT DOWN TO CHRISTUS PARKWAY.

NONE OF THOSE QUESTIONS CAN BE ANSWERED TONIGHT.

SO IT'S, IT'S KIND OF GONE FROM AN UNKNOWN TO A MAYBE KNOWN TO A KIND OF KNOWN TO A, WE'RE NOT SURE, UH, I WOULD BE MORE THAN HAPPY TO CONSIDER RATHER THAN A FULL DENIAL AND MAKING THEM WAIT TO, UH, UH, PUTTING THIS ON HOLD UNTIL WE CAN GET SOME ANSWERS TO EXACTLY WHAT THIS EASEMENT IS, WHERE IT IS, HOW FAR IT IS FROM THE OTHER DRIVES AND THE INTERSECTIONS,

[00:45:01]

SO, UH, I WOULD BE OPEN TO THAT.

IF THE COMMISSION, IS IT MAYBE THAT MAYBE THAT ALLOWS SOME TIME TO INCORPORATE SOME COMMISSIONER FRIAR'S CONCERNS AND ADDING SOME COMMUNITY ENHANCEMENTS? OF COURSE.

I WILL GO ON THE RECORD BACK IN THE OVEN.

MM-HMM .

I WILL SAY THAT THOUGH, THE DRIVEWAY, THE EASEMENT DOES ALLOW FOR THAT ACCESS.

TDOT ALREADY APPROVED IT IN THE FLAT NOTES.

SO YOU CAN BE CONFIDENT IN THAT.

WHERE THE WAY WE, WHERE WE DREW IT IS APPROVED BY TEXDOT.

IT JUST WOULD NEED TO BE FORMALLY.

YEAH.

BUT YOU CAN'T TELL ME HOW FAR IT IS FROM THE INTERSECTION OR FROM THE OTHER DRIVEWAY OR HOW WIDE IT IS OR HOW YOU'RE GONNA CROSS THAT.

WE CAN PROVIDE, UH, DOCUMENTS THAT SHOW ALL OF THAT.

AND LOU WE WOULD YEAH, THAT'S WHY I'M SUPPORT SUGGESTING A 30 DAY, WE CAN GET THAT FOR YOU, PERIOD.

FOR YOU GUYS TO, UH, TO PULL THAT AND COME BACK WITH MORE INFORMATION AND THEN COUPLE IT WITH A LOT THREE A IF WE CAN.

UH, NATHAN.

OKAY.

YEAH, THAT'LL WORK.

NEEDS MORE.

KATE, DO YOU WANNA WITHDRAW? WITHDRAW YOUR MOTION.

MODIFY THAT.

UH, I, DO WE NEED A MOTION TO, UH, OR DO THE, THE APPLICANT HAS TO WITHDRAW AND ASK FOR A 30 DAY EXTENSIONS? IS THAT HOW CORRECT, NOT FOR FOR A PLAT? YES, BUT THIS ISN'T A PLA SO DO WE TABLE? NO, YOU CAN TABLE.