[00:00:01]
O'CLOCK.WE'LL DO IT SOME ON AUGUST 3RD.
AND I'M HERE AS YOUR CHAIRMAN TO FACILITATE THE REGULARLY PLANNED PLANNING AND ZONING MEETING.
[1. CALL TO ORDER – 6:00 PM]
UM, WE WILL START OFF WITH OUR PLEDGES OF ALLEGIANCE, PLEDGE ALLEGIANCE, FLAG OF THE UNITED STATES AMERICA, AND TO THE REPUBLIC FOR WHICH ONE NATION UNDER GOD IN ISRAEL.LIBERTY TO JUSTICE FOR ALL HONOR THE TEXAS FLAG.
I BROUGHT ALLEGIANCE TO THE TEXAS ONE STATE UNDER, UNDER GOD.
AND PLEASE JOIN ME FOR A MOMENT OF SILENCE.
TO GET THINGS STARTED, UM, ARE THERE ANY
[2. CONFLICTS OF INTEREST]
CONFLICTS OF INTEREST AMONG COMMISSIONERS THERE ANY? NO.AND I DON'T HAVE ANYBODY SIGNED UP FOR PUBLIC COMMENT.
IS THERE ANYBODY THAT'D LIKE TO COME FORWARD OR MAKE ANY PUBLIC COMMENTS THAT DID NOT MAKE IT TO THE SIGN UP SHEET? OKAY.
[4. CONSENT AGENDA]
CONSENT AGENDA.IS THERE ANY DISCUSSION ON TONIGHT'S CONSENT AGENDA? OKAY.
UM, A MOTION TO APPROVE BY COMMISSIONER FRYER.
AND A SECOND COMMISSIONER TAYLOR.
AND IT, IT IS APPRO UNANIMOUSLY.
[5. 2026-325 Consider the un-tabling of 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)]
TO THE REGULAR AGENDA.CONSIDER THE UN TABLING OF A REQUEST FOR VARIANCE TO CHAPTER SIX, SECTION SIX DASH TWO B ONE.
A LOT FRONTAGE REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE FOR A PROPERTY GENERALLY, GENERALLY LOCATED AT CHRISTUS PARKWAY IN EARTH ROAD.
SO IS THERE A MOTION TO UNT THE ITEM MOVED BY COMMISSIONER FRYER? SECONDED BY COMMISSIONER TAYLOR TO UNT THAT SHOULD UNTD UNANIMOUSLY.
[5. 2026-324 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)]
AGENDA ITEM 20 26 3 2 4.CONSIDER A REQUEST FOR A VARIANCE.
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 AND HERT ROAD.
I'M A MEMBER OF THE PLANNING DEPARTMENT AND WILL BE PRESENTING THIS ITEM.
SO A LITTLE BIT OF BACKGROUND.
AS JUST MENTIONED, THIS ITEM WAS PRESENTED LAST, UH, P AND Z MEETING AND WAS TABLED.
UH, WE HAVE COME BACK AND UNTD IT WITH SOME, UH, ADDITIONAL INFORMATION TO BE PRESENTED.
UM, THE APPLICANT FOR THIS, UH, REQUEST IS P GOSS AND ENGINEERS ON BEHALF OF THE OWNER CHRISTUS SANTA ROSA HEALTHCARE CORPORATION.
THE PROPERTY IS 7.762 ACRES AND IS CURRENTLY PLOTTED AS MENGER PLACE SUBDIVISION UNIT ONE LOT TWO A.
UH, THE APPLICANT IS PROPOSING TO REPL INTO FOUR PARCELS.
UH, AS A PART OF THAT REPL, THERE'S A VARIANCE REQUEST TO ALLOW FOR A LOT TO NOT HAVE FRONTAGE ALONG A PUBLIC RIGHT OF WAY.
UH, HERE IS A FUTURE LAND USE MAP VIEW OF OUR, OUR PROPERTY, UH, AS DESIGNATED AS AUTO ORIENTED COMMERCIAL.
THIS DESIGNATION SEEKS TO PRIORITIZE COMMERCIAL USES WITH VEHICULAR ACCESS ALONG MAJOR ROADS AND THOROUGHFARES.
HERE IS A ZONING VIEW OF THE SUBJECT PROPERTY.
ITS ZONE C3 COMMUNITY COMMERCIAL AND IS WITHIN THE SOBO HYBRID COMMERCIAL CHARACTER ZONE.
THIS ZONE SEEKS TO PRIORITIZE AUTO ORIENTED DEVELOPMENT WHILE RETAINING SOME WALKABLE ELEMENTS AND PROMOTING MULTIMODAL TRAFFIC.
HERE IS OUR ENVIRONMENTAL CONSTRAINT MAP.
THERE IS SOME SIERRA FLOODPLAIN ON THIS PROPERTY.
THIS VARIANCE REQUEST RELATES TO UDC SECTION SIX TWO B ONE A.
THAT REQUIRES THAT ALL LOTS SHALL HAVE FRONTAGE ON A PUBLIC RIGHT OF WAY.
HERE IS THE LOT THAT IS AS IT IS CURRENTLY PLATTED.
YOU CAN SEE THE SUBJECT, UH, PROPERTY OUTLINED IN YELLOW.
[00:05:05]
HERE IS THE PROPOSED REPL WITH THE CRUNCH FITNESS BEING PARTIAL D AT THE REAR OF THIS REPL.UH, THIS LOT HAS NO DIRECT FRONTAGE, BUT IT DOES HAVE ACCESS TO MAIN AND CHRISTUS THROUGH EASEMENTS.
SO IF YOU CAN LOOK HERE AT THE BOTTOM, THE THREE RED STARS REPRESENT DIFFERENT AREAS OF ACCESS.
THE FURTHEST LEFT STAR HERE, UH, IS AN EXISTING SHARED ACCESS THAT THIS DEVELOPMENT WOULD HAVE WITH THE SPROUTS.
THIS MIDDLE STAR IS A NEW SHARED ACCESS THAT WILL BE CREATED AS PART OF THIS REPL TO THE RIGHT WOULD BE EXISTING SHARED ACCESS WITH THE CAR WASH.
AND THEN THIS BLUE DOT UP ON THE TOP IS FOR ACCESS THROUGH THE SEVEN BREW, UH, DEVELOPMENT ONTO MAIN STREET.
UM, IN PREPARATION FOR THIS MEETING, CITY STAFF, UH, THE APPLICANT TEAM AS WELL AS THE SEVEN BREW APPLICANT TEAM DID MEET WITH TDOT WHO CONFIRMED THAT THIS ACCESS WOULD BE PERMITTED BY TDOT.
UM, ADDITIONALLY, THIS ACCESS IS APPROXIMATELY 170 FEET TO THE R-B-F-C-U TO THE NORTH AND 420 FEET TO THE AC THE INTERSECTION TO THE SOUTH.
UM, THESE DISTANCES ARE SLIGHTLY DIFFERENT THAN WHAT WAS PRESENTED IN THE STAFF REPORT.
UH, THESE NUMBERS ON SCREEN ARE MORE ACCURATE THAN THE APPROXIMATION SHARED IN THE STAFF REPORT.
WE'LL NOW GO INTO THE FINDINGS OF FACT FOR A VARIANCE.
UM, AS A REMINDER, ALL FIVE CRITERIA MUST BE MET IN ORDER FOR A VARIANCE TO BE APPROVED.
THE FIRST IS UNNECESSARY HARDSHIP INCLUDING FINANCIAL HARDSHIP.
UH, THIS PROPOSED REPL DOES CREATE A PARCEL THAT DOES NOT HAVE FRONTAGE ALONG A PUBLIC RIGHT OF WAY.
THE NEED FOR THIS VARIANT STEMS FROM THE DESIRED LAYOUT OF THE REPL ENFORCEMENT OF THIS STANDARD WOULD NOT RESULT IN UNNECESSARY HARDSHIP.
THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USES THE ZONING DISTRICT AND OVERLAY DISTRICT ALREADY ALLOW.
THE THIRD IS IT MUST BE A UNIQUE CIRCUMSTANCE RELATED TO THE PROPERTY AS WELL AS GENERAL CONDITIONS OF THE DISTRICT.
UH, THE NEED FOR THE VARIANCE IN THIS CASE IS A DIRECT RESULT OF THE LAYOUT PROPOSED BY THE APPLICANT AND NOT NECESSARILY A UNIQUE CIRCUMSTANCE OF THE PROPERTY.
FOUR IS THAT IT DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.
THIS VARIANCE COULD NEGATIVELY IMPACT THE ABILITY OF LAND TO BE REDEVELOPED IN THE FUTURE AS WELL AS NEGATIVELY IMPACT ACCESS TO THE SITE.
THE FIFTH IS THAT THERE IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE, OR SAFETY.
THE PROPOSED VARIANCE WOULD STILL NEED TO MEET ALL APPLICABLE ACCESS, FIRE AND BUILDING STANDARDS IF THE COMMISSION CHOOSES TO APPROVE STAFF RECOMMENDS THE INCLUSION OF THE BELOW STIPULATIONS.
UH, WITH THAT I WILL YIELD TO THE COMMISSION.
I WOULD LIKE TO SAY THE APPLICANT IS HERE AND HAS PREPARED A POWERPOINT.
UM, I DON'T KNOW IF WE WANT TO HAVE QUESTIONS FOR CITY STAFF AND THEN THE APPLICANT OR QUESTIONS AT THE END OF, UH, THEIR PRESENTATION.
I'LL TELL YOU WHAT, WHY DON'T WE ASK QUESTIONS NOW FOR CITY STAFF AND THEN OKAY.
THAT'LL ALLOW THE APPLICANT TO MAYBE CLARIFY ANY QUESTIONS OKAY.
ANY QUESTIONS? COMMISSIONER FRYER? THANK YOU.
I DO HAVE A QUESTION AND I REALIZE I'M NOT THE SMARTEST PERSON AT THIS TABLE, BUT I'M STILL A LITTLE CONFUSED.
I UNDERSTAND THE DIFFERENCE BETWEEN THE EASEMENT THAT HAS BEEN GRANTED TO THEM AND THE LEGAL DEFINITION OF RIGHT OF WAY.
BUT WHAT I'M CONFUSED ABOUT IS I WAS CONFUSED AFTER THE LAST MEETING LAST MONTH MM-HMM
AND SO I WAS SPEAKING WITH NATHAN WRIGHT AFTERWARDS, AND HE ALSO MENTIONED THAT PART OF THE VARIANCE, OR THE PROBLEM WITH THE EASEMENT IS THAT IT'S STILL NOT WIDE ENOUGH TO MEET THE CITY'S REQUIRED DRIVEWAY WIDTH.
DID I SAY THAT RIGHT, NATHAN? AND SO I SAID, WELL THAT'S, THAT WASN'T PART OF LAST MONTH'S DISCUSSION AT ALL.
SO THAT REALLY COMPLICATED THINGS EVEN FURTHER IN MY HEAD.
THEY HAVE ACCESS, THEY'RE NOT LANDLOCKED, BUT, BUT IT DOESN'T MEET THE SPECIFIC LEGAL DEFINITION OF ACCESS TO A RIGHT OF WAY.
SO THEY DO HAVE ACCESS, HOWEVER, AN ACCESS EASEMENT IS NOT THE SAME AS HAVING FRONTAGE ALONG A PUBLIC RIGHT OF WAY.
THE ACCESS EASEMENT IS ESSENTIALLY AN AGREEMENT, UH, FOR A PRIVATE ACCESS.
SO WE WERE, THE UDC REQUIRES THAT THEY HAVE RUN FRONTAGE ON PUBLIC RIGHT OF WAY, UH, WHICH THEY DO NOT.
SO ESSENTIALLY IT IS LANDLOCKED.
BY DEFINITION IT'S LANDLOCKED.
SO IF THIS EASEMENT, I BELIEVE IT WAS 30 FEET WIDE, HOW DOES THAT COMPARE TO THE REQUIREMENT OF OUR STANDARD DRIVEWAY WIDTH? 'CAUSE I THINK THAT WAS WHAT YOU AND I WERE TALKING ABOUT LAST
[00:10:01]
MONTH AFTER THE MEETING, WAS THAT IT'S, OUR REQUIREMENT IS MUCH BIGGER THAN WHAT THIS ACCESS EASEMENT IS.I SLEPT SINCE THEN, SO I ME TOO.
JEFF, DO YOU REMEMBER FIRE LANE 26? YEAH.
AND AND DRIVEWAY WIDTH IS SAME.
SO THAT'S ALL THAT'S REQUIRED IS 26 FEET FOR ANY OF THE DRIVEWAY IS ALONG MAIN STREET.
EVENING, EVENING COMMISSIONERS.
UM, SO, SO OBVIOUSLY 26 FEET IS THE STANDARD DRIVE LANE WIDTH FOR COMMERCIAL DRIVEWAYS BASED ON, THAT'S OUR FIRE LANE CODE.
THE CITY OF BERNIE IS ADOPTED A 26 FOOT DRIVE LANE, UH, FOR THE FIRE CODE.
UM, WHEN WE GET INTO ACTUAL DRIVEWAYS THEMSELVES, WE HAVE DE CELL LANES AND LEFT TURN LANES AND A LOT OF INFORMATION.
THAT'S ALL BASED ON TRAFFIC IMPACT STUDIES.
I'VE NOT SEEN A TRAFFIC IMPACT STUDY FOR THIS SITE, SO I CAN'T TELL YOU EXACTLY IF A RIGHT DE CELL OR LEFT TURN.
WE'RE NOT TO THAT POINT IN THE PROJECT YET.
WE'RE STILL IN THE VERY, VERY EARLY STAGES.
BUT 26 FEET IS THE STANDARD FOR A NORMAL DRIVEWAY.
AND THIS IS AT 30, THE EASEMENT IS AT 30? YES.
AND THAT'S WHAT GIVES ACCESS FOR ONE PROPERTY OWNER TO DRIVE ACROSS ANOTHER PRIVATE PROPERTY OWNER TO GET TO THE PUBLIC RIGHT OF WAY.
SO IT'S BASICALLY IT'S ALLOWING CROSS ACCESS FOR YOU TO DRIVE ACROSS SOMEONE ELSE'S PROPERTY TO GET TO THE PUBLIC ROAD, IS WHAT THE EXISTING EASEMENT IS FOR.
AND WHO'S RESPONSIBLE FOR MAINTAINING THAT? JUST OUTTA CURIOSITY? UH, IT'D BE THE PRIVATE LAND OWNERS.
LIKE RIGHT NOW, I'LL TELL THE, IF YOU WANNA GO TO WALMART AND WHERE THE JERSEY MIKES IS, THERE'S A PRIVATE EASEMENT FOR CROSS ACCESS WHERE YOU CAN DRIVE THAT LITTLE DRIVE LANE BEHIND THERE BETWEEN THE TWO.
AS A CITY, I DON'T MAINTAIN THAT.
THAT'S UP TO THE LANDOWNERS TO MAINTAIN THAT AS PART OF THEIR PRIVATE ACCESS.
SO IT'D BE SOMETHING VERY SIMILAR TO THAT CONCEPT.
I THINK THAT'S IT FOR RIGHT NOW.
CAN WE GO BACK TO THAT, UH, THE FIVE POINTS THAT HAVE TO BE, UH, MET? I NEED CLARIFICATION ON THIS, M**K.
WHICH 1:00 AM AM I HEARING THAT IT MUST MEET ALL FIVE OF THESE? YES, SIR.
THAT'S A MUST, RIGHT? BECAUSE REGARDLESS OF THE EFFI EFFICACY OF THE USE, REGARDLESS OF WHETHER OR NOT I WANT TO SEE THAT THERE, REGARDLESS OF WHETHER OR NOT, I THINK IT'S A GREAT PLAN.
I DON'T SEE IT MEETING ONE, THREE, AND FOUR AND IF IT MUST MEET THOSE FIVE, I DON'T SEE HOW WE CAN VOTE FOR A, UH, ANY, ANY VARIANCES.
MUST MEET ALL THOSE IN, IN YOUR HISTORY, BOB, YOU KNOW THAT THE HARDEST ONE'S THE HARDSHIP.
AND SO, UM, I I MEAN IT'S NOT A JUDGMENT ON THE PLAN.
IT'S NOT A JUDGMENT ON THE PROJECT.
IF IT DOES NOT MEET ALL FIVE, IF IT'S A MUST, UH, HOW CAN WE ETHICALLY APPROVE IT? OR, OR CAN WE, CAN WE ETHICALLY APPROVE IT? JUST IGNORE OUR OWN, UH, ORDINANCES? WELL, YOU, YOU HAVE THE AUTHORITY TO MAKE FINDINGS NECESSARY TO SUPPORT YOUR DECISION.
SO I I DON'T HAVE A JUDGMENT ON ETHICS.
IT'S JUST, UH, IF YOU FEEL LIKE YOU CAN MAKE THOSE FINDINGS AND YOU CAN MAKE YOUR DECISION BASED ON THAT.
WELL, NO, I, I FIND TWO THINGS.
THEY STILL HAVE THREE ACCESSES OFF OF CHRISTUS AND, UM, I DON'T SEE IT MEETING ONE, THREE AND, AND FOUR.
AND SO IF THAT'S THE CASE, I DON'T SEE HOW WE CAN GRANT IT.
AND LIKE I SAID, NOTHING TO DO WITH THE PROJECT AT ALL.
ANY OTHER QUESTIONS OR DISCUSSION BEFORE WE ALLOW THE APPLICANT TO COME FORWARD AND PRESENT THEIR POWERPOINT? OKAY, THANK YOU.
LEMME PULL UP THEIR SLIDE HERE REAL QUICK.
UH, MY NAME IS MATTHEW CUSHMAN.
I AM THE CIVIL ENGINEER FOR THIS PROJECT HERE.
AND, UM, ALTHOUGH THE INITIAL FINDINGS OF STAFF WE'RE UNCLEAR AS IF WE'RE, WHETHER WE MET SOME OF THOSE REQUIREMENTS, UH, I'D LIKE YOU TO CONSIDER OUR REBUTTAL TO THAT.
AND THEN, UM, UH, AS YOU, AS YOU LOOK AT THE, I ALSO WANT TO NOTE THAT THE FIVE FINDINGS WERE DIFFERENT FROM THE CRITERIA IN THE UDC, WHICH WAS I THINK A THROUGH H.
[00:15:01]
LISTED IN THE APPLICATION ITSELF, UH, IN THE AGENDA PACKET THAT YOU RECEIVED.UM, SO HERE'S A BRIEF, UH, RECAP HERE.
YOU CAN SEE THE EXISTING LOT AND YOU CAN SEE THE ACCESS EASEMENT AND YELLOW.
UM, I'M NOT SURE WHERE THIS 30 FOOT WIDTH NUMBER CAME FROM, BUT IT IS MUCH LARGER.
I DON'T HAVE THE EXACT DIMENSION, BUT YOU'LL SEE IN AN UPCOMING SLIDE WHERE WE SHOW OUR 30 FOOT DRIVEWAY, UH, THAT THERE IS MUCH MORE ROOM IN THAT EASEMENT.
UM, IT'S PROBABLY CLOSER TO A HUNDRED FEET WIDE.
UH, SO HERE YOU CAN SEE LOT FOUR A NEXT TO US.
UH, THAT'S IMPORTANT TO, TO THINK ABOUT AS WE, UH, MOVE FORWARD.
UH, HERE THIS IS, UH, EVIDENCE OF OUR MEETING WITH TDOT ON JULY 28TH.
AND IT'S A LITTLE BLURRY, BUT YOU CAN SEE THE TDOT NOTE THAT'S ON THE PLAT THAT CREATED THIS EXISTING LOT.
AND IT DOES SPECIFICALLY HAVE LANGUAGE IN THERE THAT TALKS ABOUT, UH, THE MOST, THE DRIVEWAY WILL BE GRANTED TO THIS DEVELOPMENT LOCATED ON US 87 AT THE MOST NORTHERN PORT FROM THE EXISTING TRAFFIC SIGNAL AT CHRISTUS AND ACROSS FROM THE DRIVEWAY AT MENGER CROSSING.
SO IN OUR EXHIBIT, WE'VE, WE'VE LOCATED WHERE IT SAYS 30 FEET, THAT IS THE WIDTH OF A RIGHT IN, RIGHT OUT DRIVEWAY ON TECH STOP FRONTAGE.
AND THAT WILL SERVE BOTH THE SEVEN BREW AND THE, AND THE CRUNCH FITNESS LOT IN ADDITION TO THE OTHER ACCESS POINTS NOTED BY, UH, MR. SIMMONS.
UM, AND SO HERE YOU CAN SEE 30 FEET.
THERE'S PLENTY OF ROOM TO THE SOUTH AS WELL WHERE THAT EXISTING ACCESS EASEMENT IS NOTED.
UM, AND THEN HERE I THINK IT'S IMPORTANT TO SEE THAT LOT FOUR A, WHICH WAS PREVIOUS TO THE, TO THE, UH, WEST OF THE SITE, WHICH WAS PREVIOUSLY A LARGE 19 ACRE TRACT WAS FURTHER SUBDIVIDED IN 2025.
AND YOU CAN SEE HERE THESE OUT PARCELS LOT FOUR A SIX FOUR, A SEVEN, FOUR A EIGHT, AND THEN LOT FOUR A NINE.
UM, SO THAT, THAT REPL SORT OF ESTABLISHED THIS SOBO DISTRICT, UH, MASTER PLAN AND IT'S ALONG WITH THE OUT PARCELS.
AND SO YOU CAN SEE THAT WE'RE CONTINUING THAT, UH, AS WELL WITH OUR PROPOSED SUBDIVISION.
AND HERE WE ALSO SHOW THE EXISTING EASEMENTS THAT ARE DE, THAT ARE PROVIDING ACCESS ALONG THE INTERNAL ROUTE TO THE S ROUTES OR THE ABUSE DEVELOPMENT.
SO THAT DEAD END IS CONSTRUCTED.
THERE'S ROADWAY IMPROVEMENTS THAT ARE ALREADY CONSTRUCTED.
SO WE'RE JUST KIND OF PROPOSING A NATURAL PROGRESSION OF OUR SITE TO, UM, TO FIT THE CHARACTER OF THAT ABUSE DEVELOPMENT TO THE WEST.
MR. CUSHMAN WOULD, IF YOU GO BACK REAL QUICK, ONE QUESTION.
WILL TRAFFIC FLOW FROM THE MIN PLACE IT PLACE TO THE CRUNCH FITNESS? I JUST GO BACK, UH, HOLD ON.
SO METER REPLACE SUBDIVISION REPL TO YOUR DEVELOPMENT.
WILL TRAFFIC BE ABLE TO FLOW ACROSS, UH, THOSE TWO PARKING LOTS OR WILL THEY BE SEPARATED? IT'S NOT PROPOSED IN THE BACK, ALTHOUGH THAT'S SOMETHING THAT, THAT COULD BE CONSIDERED.
UH, RIGHT NOW THE ACCESS IS ALONG THE FRONTAGE OF CHRISTUS TO BRING TRAFFIC OFF CHRISTUS PARKWAY AND THEN PROVIDE INTERNAL CIRCULATION TO THE PADS.
UM, BUT IF YOU'RE SAYING FROM LOT FOUR A NINE TO OUR PROPOSED CRUNCH LOT, UH, I COULD SEE WHERE ACCESS, YOU KNOW, COULD BE PROVIDED THERE DEPENDING ON GRADES, BUT WE DON'T HAVE CONTROL OVER THAT DEVELOPMENT.
UM, SO HERE I JUST WANTED TO BRING UP THE, THE SOBO REGULATING PLAN.
WE'RE TRYING, WE'RE TREATING THIS AS A MASTER PLAN FOR INTENT.
THIS WAS ESTABLISHED IN 2016, A YEAR BEFORE THE PLAT THAT ESTABLISHED OUR, OUR LOT.
AND YOU CAN KIND OF SEE OUR LOT LAYOUT.
I KNOW THAT THE, THE, THE MASTER PLAN FOR SOBO WAS, YOU KNOW, SCHEMATIC AT IN NATURE.
BUT IT DOES SHOW THE ACCESS POINT IN GREEN.
UH, IT KIND OF SHOWS A DRIVE THROUGH DEVELOPMENT.
AND THEN IF YOU WOULD OUR, OUR, OUR LOT HERE WITH SOME, WITH SOME PAD SITES, AND IT'S NOT EXACT, BUT IT, IT, IT, IT, IT SHOWS THAT WE'RE TRYING TO DEVELOP WITHIN THE SAME MASTER PLANNED, UH, INTENT FROM 2016.
UM, AND SO HERE THIS IS, UH, JUST A VISUAL OF HOW THE LOT TO THE WEST OF US WAS RE PLATTED.
UM, YOU CAN SEE, UH, THE ESTABLISHMENT OF THESE ORANGE AND YELLOW OUT PARCELS FOR THE PAD SITES.
YOU MAY HAVE ALREADY PATRONED ONE OF THE BUSINESSES THERE NOW THAT ARE OPEN.
UM, AND YOU CAN SEE BLUE IS OUR ACCESS THAT WOULD BE THROUGHOUT BOTH OF THE PROPERTIES.
AND THEN IT'S, IT'S IMPORTANT OR IT'S KIND OF INTERESTING TO NOTE THAT THE
[00:20:01]
GREEN LOT IN THE BACK, UH, WAS APPROVED BUT DOES NOT MEET THE, THE DEPTH WIDTH RATIOS THAT WE ARE BEING HELD TO.UM, SO JUST SOMETHING TO CONSIDER IF THERE IS LENIENCY IN OUR OPPOSED DEVELOPMENT.
UM, AND THEN HERE'S ANOTHER, UH, DISPLAY OF THE SITE.
AND UM, I ALSO WANTED TO BRING UP THE DRAINAGE IMPROVEMENTS, 'CAUSE THAT WAS SOMETHING TOUCHED ON LAST TIME.
UM, IT'S, THERE'LL BE A CULVERT CROSSING.
SO YET WHILE THERE IS CONCRETE RIP WRAP AND DRAINAGE INFRASTRUCTURE THERE NOW, UH, THE, UH, CREDIT UNION WAS ABLE TO INSTALL A DRIVEWAY WITH THEIR CULVERT AND SAFETY END TREATMENT.
SO IT WOULD BE SOMETHING SIMILAR TO THAT EFFECT AND THAT WOULD ALL BE PERMITTED THROUGH TXDOT IN THE CITY.
UM, SO HERE I'M GONNA LET KELSEY JONES TALK ABOUT HOW WE BELIEVE THAT WE ARE MEETING THE CRITERIA FOR A VARIANCE.
UM, IF THERE'S ANY QUESTIONS, I'D BE HAPPY TO TAKE THEM.
COMMISSIONER, A QUICK QUESTION.
THE, UM, THE ACCESS OFF OF MAINE YES.
THAT WILL EVENTUALLY SERVE SEVEN BREW AND CRUNCH FITNESS OR WHATEVER GOES INTO THAT LOT.
WHAT IS THE DELAY ON THAT? IS IT SEVEN BREW, IS IT DEVELOPMENT? IS IT THE DEVELOPMENT OF THE, THAT LOT? SO THERE'S NO DELAY, BUT WHEN WE MET WITH TXDOT, THEY SAID THAT ACCESS WILL BE THERE, BUT THEY'RE, BUT THEY'RE VERY INTERESTED IN NOT CREATING A PROBLEM WITH THE LEFT TURN QUEUING AT WALMART.
SO YOU CAN IMAGINE SOMEONE TRYING TO MAKE A LEFT HERE AND, AND GETTING INTO CONFLICT WITH OTHER, OTHER PEOPLE IN THE LEFT LANE.
AND SO I THINK AT BEST WE CAN ANTICIPATE A RIGHT IN RIGHT OUT MOVEMENT.
AND SO IF, IF OUR LOT WERE TO DEVELOP, OR IF SEVEN BREW WERE TO DEVELOP WITHOUT OUR DEVELOPMENT, THEY WOULD BE STUCK WITH A RIGHT IN RIGHT OUT ACCESS AND PROBABLY HAVE SOME TRAFFIC QUEUING ISSUES OR CONGESTION AT THAT INTERSECTION.
WHICH IS WHY WE FEEL THAT OUR PROPOSED LAYOUT IS, IS BETTER FOR OVERALL CIRCULATION.
BUT ASSUMING THAT DILEMMA GETS SOLVED AT SOME POINT, THEN YOU HAVE YOUR ACCESS RIGHT.
THEN THAT LOT HAS ACCESS TO MAINSTREAM.
SO IF THEY WERE TO GO FIRST, THEY WOULD HAVE THAT, THEY WOULD CONSTRUCT THAT ACCESS POINT AND WE WOULD HAVE THE ABILITY TO CONNECT TO IT.
AND IF THAT HAPPENED LAST MONTH, YOU WOULDN'T EVEN BE HERE, RIGHT? 'CAUSE YOU HAVE YOUR ACCESS.
DO YOU STILL, DO YOU STILL NEED THE ACCESS TO CHRISTUS? WE, WE STILL NEED THIS LAYOUT APPROVAL BECAUSE OF THE SEMANTICS OF ACCESS EASEMENT VERSUS RIGHT OF WAY FRONT EDGE.
SO IF, WHICH IS ALLOWED FOR COTTAGE DEVELOPMENTS IN BERNIE.
SO IT'S REALLY JUST WE'RE ASKING FOR THAT SAME APPLICATION.
WE DON'T FEEL THERE'LL BE ANY LIFE SAFETY ISSUES OR ADDRESSING CONCERNS JUST DUE TO THE SIZE OF THE CRUNCH LOT ITSELF.
COMMISSIONER KATES ON, ON YOUR MAP.
HEY, CAN YOU GO BACK TO WHERE YOU SHOWED THAT ENTIRE RIGHT OF WAY? BECAUSE THAT IS REALLY DIFFERENT THAN WHAT WE LOOKED AT ON OUR PRESENTATION HERE.
UH, NO, THE, YOU SHOWED THE RIGHT OF WAY HIGHLIGHTED IN, UH, BLUE OR YELLOW.
UH, WHAT ARE YOUR FIRST SLIDES? OH, YES.
I NOTICE THERE'S, UH, IT LOOKS LIKE PROPERTY LINES, UM, WHERE'S SEVEN ROOFS GONNA BE? WHAT'S, WHAT'S THE, WHAT ARE THE, DOES THAT LINE JUST DESIGNATE THE BOUNDARY OF THE RIGHT OF WAY? IS THAT ALL PART OF ONE LOT OR IS THAT SEPARATE OWNERSHIP, BUT WHERE THE YELLOW IS AND, AND THE, UH, NINE POINT, UH, 0.913 ACRES.
SO THIS YELLOW SHADED AREA IS PART OF LOT THREE A.
SO SEVEN BREW WILL OWN THE LAND, BUT ACCESS THROUGH THAT PROPERTY IS GRANTED FROM THIS.
I JUST SAW THAT DIFFERENTIATOR THERE, SIR.
SO I DIDN'T KNOW IF THAT WAS SEPARATE OWNERSHIP IN THERE OR WHAT, WHAT THAT WAS DESIGNATED.
YEAH, SO, AND THIS IS A GOOD IMAGE TO, TO KIND OF END ON IN TRANSITION BECAUSE THAT IT IS REALLY A SEMANTIC KIND OF, WE ARE BEING HELD TO DEPTH WIDTH RATIOS FOR THE LOT, WHICH REALLY IS MORE OF A RESIDENTIAL THING.
AND I DON'T, I'M NOT HERE TO CRI CRITICIZE THE CODE.
SO WE'RE, WE'RE TRYING TO SUBDIVIDE THIS IN A MANNER THAT IS CONSISTENT WITH DEVELOPMENT TO THE WEST, THE SOBO OVERLAY DISTRICT IN A WAY THAT MEETS THE CODE AS BEST WE CAN.
AND SO THE LAYOUT WE'RE PROPOSING DOES JUST THAT.
AND IT REALLY WE'RE JUST ARGUING THAT IF WE WERE ALLOWED TO HAVE THIS ACCESS AS OUR FRONTAGE ON MAIN STREET, UM, INSTEAD OF SPECIFICALLY PUBLIC RIGHT OF WAY, UM, FRONTAGE BECAUSE WE CAN'T, I MEAN THE LOT THREE A IS NOT FOR SALE AND THERE'S
[00:25:01]
REALLY NO OTHER OPTIONS.AND THIS IS THE LAST PIECE OF PROPERTY IN THIS NORTHWEST QUADRANT.
SO THERE'S NO OTHER QUESTIONS.
I'LL LEAVE KELSEY ADDRESSED ANY OTHER QUESTIONS? OKAY.
IT'S GOOD TO SEE YOU ALL AGAIN.
UM, SO I, MATTHEW DID A GREAT JOB TALKING THROUGH THE POINTS.
I'M JUST GONNA TOUCH QUICKLY ON HOW WE FEEL WE'RE MEETING THE CRITERIA, UH, FOR THE VARIANCE.
UM, JUST QUICK, I THINK YOU'VE BEEN PROVIDED THESE SLIDES AND WE'RE HAPPY TO GO OVER ANY QUESTIONS THAT YOU HAVE AT THE END.
UM, SO THE FIRST ONE IS PROOF OF HARDSHIP.
UM, AND SO WE ARE STATING THAT THE EXISTING SITE DIMENSIONS AND THE EARLIER PLOT CREATES A HARDSHIP FOR US, UM, THAT THIS, UM, CREATES A CONSTRAINT ON COMMERCIAL DEVELOPMENT FOR THE CODE THAT'S ALLOWED.
UM, IN THE FUTURE LAND USE PLAN, UH, WE WERE PROVIDED THIS GRAPHIC BY STAFF.
ESSENTIALLY, IF WE WERE TO DEVELOP THE PROPERTY AS TO THE WAY THAT THE CODE IS WRITTEN, YOU WOULD GRADE THESE SKINNY LONG TRACKS, UM, WHICH ARE NOT CONDUCIVE FOR COMMERCIAL DEVELOPMENT 'CAUSE IT DOESN'T LEAVE YOU ENOUGH.
UM, DEVELOPABLE LAND FOR A BUILDING AND PARKING AND LANDSCAPING THAT WOULD BE REQUIRED.
UM, THIS IS JUST A GRAPHIC SHOWING SIMILAR SIZE TO LOTS THAT ARE STILL VACANT ALONG THE INTERSTATE CORRIDOR.
UM, WE'RE SHOWING THAT, UM, THIS DEVELOPMENT WOULD BE CONSISTENT WITH THE APPROVED SOBO REGULATION PLAN, UM, THAT MATTHEW STATED AND SHOWED THAT GRAPHIC FOUR.
SO WE'RE SHOWING THAT THERE IS NO, UM, THAT THERE'S AMENABLE CHANGES TO THE DESIGN AS IT WAS APPROVED BEFORE.
UM, AND THIS WOULD NOT CREATE NEGATIVE IMPACT ON ANY EXISTING DEVELOPMENT OUT THERE, UM, OR ANY FUTURE DEVELOPMENT OR FUTURE LAND OWNERS OR NEIGHBORING PROPERTIES.
UM, IF ANYTHING, IT CREATES ADDITIONAL ACCESS, UM, BY GIVING, UM, ACCESS POINTS THROUGH THE DEVELOPMENT ITSELF.
UM, AGAIN, THIS IS JUST SHOWING THAT WE ARE MEETING THE, UH, MASTER PLAN AND THERE'S NO RISK, UM, BY CREATING A LOT WITH NO ACCESS BECAUSE OUR PLAN IS TO DEVELOP THE CRUNCH LOT THAT WOULD HAVE NO FRONTAGE FIRST.
UM, THAT'S OUR CLIENT THAT WILL GO IN FIRST CREATING THE MAIN DRIVE POINTS AND ACCESSWAY FOR ALL OF THE OTHER, UM, LOTS CREATED WITH THE PLAT.
UM, THIS IS AGAIN STATING, UH, WE WON'T CREATE ANY ADVERSE EFFECTS FOR ANY EXISTING LANDOWNERS, UM, OR ADJACENT PROPERTY OWNERS.
IF ANYTHING, WE FEEL THAT THIS BENEFITS CONNECTIVITY, UM, AND CREATES A USE FOR THAT VACANT TRACT, UM, TO FURTHER, UM, CREATE THAT SOHO SOBO DISTRICT.
WE'RE JUST TOUCHING WHAT WAS LISTED IN THE STAFF REPORT.
UM, AND THEN THE LAST POINT IS, UM, ADVERSE EFFECT TO GENERAL HEALTH AND SAFETY.
ALL OTHER, UM, REQUIREMENTS WILL BE MET WITH THE CITY OF BERNIE FOR LIFE AND SAFETY AND OTHER REQUIREMENTS FOR DEVELOPMENT.
AND THEN THESE ARE JUST QUICK LITTLE RENDERINGS OF SOME PROPOSED BUILDING.
OBVIOUSLY WE'LL, WE'LL MATCH WHAT'S REQUIRED FOR THE CODE AND THEN JUST IN QUICK INTERIOR OF THE GYM ITSELF.
SO THAT'S HOW WE FEEL THAT WE'RE MEETING THOSE REQUIREMENTS.
UM, HAPPY TO ANSWER ANY QUESTIONS THAT YOU WILL HAVE.
ANY QUESTIONS? I THINK WE'RE GOOD.
NOW ONE THING THAT COMES TO MIND FOR ME IS THE SOUTHERN BREW COMPLEXITY.
THAT IF THE VARIANCE IS NOT GRANTED, THEN YOU HAVE ANOTHER COFFEE SHOP IN BERNIE WITH A RIGHT IN, RIGHT OUT OR RIGHT IN AND LEFT OUT CONSIDERATION.
AND I DON'T LIKE CONS, YOU KNOW, THIS, THAT FACTORING IN TO THE CRUNCH DEVELOPMENT, CRUNCH FITNESS DEVELOPMENT.
BUT I THINK THAT IS IMPORTANT TO, TO KEEP IN MIND, THAT'S NOT A DEVELOPMENT THAT WE HAVE SEEN AS OF YET, BUT ANTICIPATING IT TO COME FORWARD, WE WOULD THEN BE CONSIDERING A RIGHT IN LEFT OUT ARRANGEMENT FOR THAT POTENTIAL DEVELOPMENT.
BY GRANTING THE VARIANCE, IT ALLEVIATES THAT CONCERN.
IF THAT'S SOLIDIFIED THAT IT IS RIGHT, RIGHT.
AND RIGHT OUT ONLY, UM, BY THE ADDITIONAL ACCESS POINTS NEAR THE CAR WASH AND, AND THE SOBO DEVELOPMENT OR BESO THE BESO DEVELOPMENT.
I'M VERY CURIOUS OF ANY OTHER CORRELATING OR COUNTERING POINTS.
[00:30:01]
THERE MIGHT BE.WE DO NEED TO GET TO THE POINT OF MEETING ALL OF THE FIVE VARIANCE REQUIREMENTS.
UM, I THINK, YOU KNOW, WE, WE MIGHT BE ABLE TO DO THAT.
THERE'S SOME DISCUSSION, BUT ABOUT IT IMPORTANT TO, YEAH, THE THE SEVEN BREW FACTOR IS A NEW CONSIDERATION THAT WE DID NOT HAVE LAST MONTH.
AND AND I I THINK COMMISSIONER KATES MENTIONED ONE, THREE AND FOUR.
WAS THAT, WAS THAT WHAT YOU MENTIONED? ONE, THREE AND FOUR? YES.
THOSE ARE THE ONES THAT JUMP OUT AT ME AS WELL.
UM, ONE AND THREE, I THINK THEY, THEY DEAL WITH HARDSHIP AND THE UNIQUENESS OF THIS PROPERTY.
AND I THINK I, I CAN FEEL FOR THE DEVELOPER WHERE IT'S LIKE ONE BIG LOT THAT'S GONNA BE HARD TO DEVELOP UNDER, I, I WOULD, I WOULD SAY EVENTUALLY IT'LL BE DEVELOPED, RIGHT? IF IT STAYS THAT WAY, IT EVENTUALLY COULD BE DEVELOPED, BUT IT'S, RIGHT NOW IT'S JUST SITTING THERE, RIGHT? AND SO THEY'VE GOT, THEY'VE GOT A PLAN WHERE THEY THINK THEY COULD DEVELOP IT SOONER WITH THIS VARIANCE.
SO TO ME, THE ONE THAT REALLY I'M STUCK ON IS FOR, WHICH I THINK, YOU KNOW, IT'S, UM, WEAKENED THE GENERAL PURPOSE OF THIS ORDINANCE.
I THINK THAT'S ANOTHER WAY OF SAYING PRECEDENTS, RIGHT? WHAT PRECEDENTS ARE WE ESTABLISHING HERE? UM, AND I JUST DON'T, I GUESS I DON'T KNOW ENOUGH TO, TO KNOW WHAT PRECEDENTS WE'RE ESTABLISHING HERE, RIGHT? I MEAN, IF WE, IF WE APPROVE THIS VARIANCE, WHAT DOWNSTREAM IMPACTS WILL THAT HAVE FOR THIS COMMISSION AS WE CONSIDER OTHER SIMILAR REQUESTS? CERTAINLY.
SO TO ME, THAT'S THE ONE THAT I'M STUCK ON.
I'M NOT SAYING THAT IT'S, YOU KNOW, I, I CAN'T BE MOVED OFF OF THAT, BUT RIGHT NOW, TO ME, THAT'S THE ONE THAT I GUESS I JUST DON'T HAVE ENOUGH INFORMATION TO KNOW WHAT THAT COULD POTENTIALLY, WHAT WE, WHAT WE'RE POTENTIALLY DOING IN TERMS OF THAT PRECEDENCE.
BECAUSE HONESTLY, I MEAN, TO ME THE, I MEAN, WHEN I LOOK AT THIS FROM A, A LOGICAL, DOES IT MAKE SENSE TO ME THAT THE, THE LAYOUT TO ME FEELS FINE? I MEAN, YOU KNOW, YOU GOT THAT ONE ACCESS OFF, OFF OF CHRISTUS, WHICH BREAKS OFF INTO ALL THE THREE LOTS AND YOU EVEN BREAKS OFF INTO THE CAR WASH.
AND EVENTUALLY YOU'VE GOT THE ACCESS THROUGH MAIN STREET.
TO ME THAT FEELS LOGICAL, FEELS REASONABLE, FEELS FINE TO ME.
UM, BUT AGAIN, I DON'T KNOW IF WE'RE CREATING SOME KIND OF PRECEDENCE THAT WE'RE GONNA REGRET IN THE FUTURE.
YOU KNOW WHAT, WHAT I THINK OF, AND, AND I COULD BE COMPLETELY WRONG, SO PLEASE SHARE YOUR OPINION, BUT I THINK OF HOME DEPOT AND IN ORDER TO GET TO WHATABURGER, YOU HAVE TO DRIVE THROUGH THE HOME DEPOT PARKING LOT.
UM, AND IT'S KIND OF A, YOU KNOW, THE, THE FLOW DOESN'T FEEL RIGHT.
I DON'T KNOW HOW THAT APPLIES.
AND, AND THERE'S PROBABLY SOME OTHER EXAMPLES THROUGHOUT BERNIE, BUT THAT'S THE FIRST ONE THAT COMES TO MIND.
AND THE LONGER I'VE BEEN WITH THE PLANNING AND ZONING COMMISSION, I START TO NOTICE NUANCES LIKE THAT IN BERNIE AND IN OTHER SMALL TOWNS LIKE BERNIE, IT'S LIKE, WOW, THIS, THERE WASN'T A WHOLE LOT OF THOUGHT THAT WENT INTO THIS WHOLE DEVELOPMENT.
AND SO IT, YOU KNOW, WE'RE LOOKING AT A CONCEPTUAL DESIGN, TRYING TO FIGURE OUT WHAT THIS LOOKS LIKE AND LOOKING AT THE VARIANCE REQUEST, IT, IT, TO ME, IT, IT DOES MAKE SOME SENSE.
BUT NUMBER, YOU KNOW, IF WE GO TO NUMBER FOUR, LIKE WHY DO WE HAVE THE UUD C WRITTEN THE WAY THAT IT IS? THERE'S A LOT OF WORK THAT WENT INTO THAT YEARS OF WORK THAT WENT INTO THAT, UM, DESIGN OF THE UD C AND IS THIS TRULY A, A VARIANCE THAT COULD BE GRANTED? UM, AND IT'S UNLIKE ANYTHING ELSE THAT MAY COME UP.
UM, OR DO WE CREATE A PRECEDENT? AND THAT'S NUMBER FOUR FOR ME, HAS BEEN ON MY MIND FOR ALMOST AN ENTIRE WEEK OF CONSIDERING THIS AS THE INFORMATION.
BECAUSE I THINK RIGHT NOW THE PRECEDENCE IS YOU'VE GOT A REALLY HARD LOT TO DEVELOP.
I MEAN THAT'S, IF WE GRANT THIS, IT'S BECAUSE WE HAVE A REALLY HARD LOT TO DEVELOP.
COMMISSIONER KATES COUPLE OF QUESTIONS SINCE IT'S A VARIANCE.
CAN CONDITIONS BE PUT ON A VARIANCE? TYPICALLY? I, I DON'T KNOW.
IT MIGHT DEPEND ON THE TYPE OF CONDITION YOU WANT IT TO PUT ON, BUT BASICALLY THE VARIANCE THAT'S REQUESTED IS AN UP OR DOWN DECISION.
BECAUSE, UH, IT LOOKS GOOD AND FLASHY WHEN YOU'VE GOT, UH, YOU KNOW, THE, THE PROPOSED, UH, CRUNCH FITNESS IN THERE.
BUT, UH, UH, 99 OUT OF A HUNDRED TIMES WE'VE GRANTED THE VARIANCE AND THE DEVELOPER FLIPPED IT AND
[00:35:01]
WE DON'T KNOW WHAT HAPPENS AFTER THAT.AND SO I DIDN'T KNOW IF WE COULD PUT A REQUIREMENT ON IT THAT, THAT THIS IS ONLY GOOD FOR THIS DEVELOPMENT FOR A SIT PERIOD OF TIME.
SECOND QUESTION IS A, A VERY DUMB NON-DEVELOPER QUESTION.
I KNOW THAT FLAG LOTS ARE, UH, FROWNED UPON, BUT COULD THIS LOT BE DEVELOPED? THEY, THEY'RE SHOWING THAT ACCESS, UH, GOING SOUTH AND COMING OUT ON CHRISTUS PARKWAY.
IF THAT ACCESS WERE ACTUALLY PART OF LOT FOUR, WOULD THAT NOT RESOLVE THE ISSUE OF NO FRONTAGE ACCESS? AND THEY COULD JUST USE THAT FOR, UH, THE OTHER PRO, THE OTHER LOTS THERE THROUGH EASEMENTS.
MR. SIMMONS? THAT WAS A ALTERNATIVE THAT WAS EXPLORED.
HOWEVER, IT WOULD, WAS DEEMED THEY WOULD NEED A DIFFERENT VARIANCE.
IF THEY WERE TO MAKE IT INTO A FLAG LOT, IT WOULD SATISFY THE FRONTAGE REQUIREMENT, BUT NOT OUR, UH, WIDTH TO DEPTH RATIO.
SUE, CAN YOU TALK ABOUT THAT? CAN YOU HELP US UNDERSTAND? 'CAUSE THAT KEEPS COMING UP.
HE'S SAYING IT, THEY, BECAUSE COMPARING IT TO SPROUT'S PROPERTY, THAT SEEMS TO BE A PROBLEM NO MATTER WHICH AVENUE WE'RE LOOKING AT.
SO IS, IS THAT REALLY THE HARDSHIP? I CAN'T SPEAK TO IF THAT IS THE HARDSHIP.
UH, IT'S THE COMMISSION THAT WE'LL HAVE TO, UH, SPEAK ON THAT.
BUT, UH, THE WIDTH TO DEPTH RATIO ESSENTIALLY IS TO ENSURE THAT THERE'S A CONSISTENT WIDTH, THE DEPTH THROUGHOUT THE ENTIRETY OF THE LOT, IF THAT MAKES SENSE.
TO PREVENT FLAG LOTS OR PIANO KEY LOTS WITHIN THE CITY.
DOES THAT HAVE THE SAME FIVE STANDARDS? IT MUST BE MET.
SO WE WANT MORE SQUARE PARCELS, IS THAT WHAT YOU'RE SAYING? ESSENTIALLY? YES.
WELL, THAT DOESN'T ALWAYS WORK THOUGH.
THAT'S WHAT
I JUST DON'T WANT TO THIS TO BE A FLIP AND BURN.
AND I'LL TELL YOU WHAT KEEPS GOING THROUGH MY HEAD IS I DON'T WANT THERE TO BE ANY MISUNDERSTANDING.
FOR ME PERSONALLY, I DON'T THINK BIG BO EVERYONE KEEPS USING THE TERM BIG BOX AND I DON'T THINK BIG BOX IS WHAT WE HAD ENVISIONED FOR SOBO ANYWAYS.
I THINK THAT MEANS A LOT OF THINGS TO A LOT OF DIFFERENT PEOPLE.
AND IF, IF THIS VARIANCE WOULD GET APPROVED, AND I DON'T KNOW IF IT IS OR IT ISN'T, BUT IF IT DOES, I DON'T WANT IT TO FEEL LIKE, OR SEEM LIKE TO THE PUBLIC THAT WE DID THIS BECAUSE WE'RE IN FAVOR OF A BIG BOX IN DOWNTOWN BERNIE.
I'M PERSONALLY NOT A BIG FAVOR IN, IN FAVOR OF IT.
RIGHT OFF MAIN STREET, LIKE SPROUTS IS KIND OF TUCKED AWAY AND IT'S CLOSER TO THE HIGHWAY AND IT'S MORE, YOU CAN'T SEE IT FROM MAIN, I, I'M FEARFUL OF WHAT THIS GIANT GYM LOOKS LIKE FROM MAIN STREET, BUT I REALIZE WE'RE NOT LOOKING AT THE GYM, WE'RE LOOKING AT THE PLAT.
BUT, BUT AS IT AS IT SITS, IF THEY DO NOTHING TO THE PLAT, IT COULD BE EVEN AN EVEN BIGGER BOX.
POTENTIALLY IF IT WAS ALL ONE BIG PARCEL, RIGHT? YEAH.
'CAUSE WE'RE TALKING ALMOST EIGHT ACRES, SO IT COULD POTENTIALLY, BUT IT WOULD HAVE TO FACE CHRISTUS, RIGHT? NOT, YEAH.
'CAUSE IF THEY SUBDIVIDE, BUT YOU'RE RIGHT.
IT COULD BE A BIGGER, SO IF THEY SUBDIVIDED INTO THREE TALL, SKINNY LOTS, NOW YOU'RE LOOKING AT THREE SEPARATE ENTRANCES OFF OF CHRISTUS, POTENTIALLY, UH, POTENTIALLY, UM, THERE WOULD BE SPACING ISSUES.
SO I, I DON'T KNOW IF NECESSARILY EACH ONE WILL HAVE THEIR OWN ACCESS.
UM, THEY MAY HAVE ONE ACCESS WITH SHARED, SO YOU STILL, BUT THEY WOULD HAVE FRONTAGE ALONG CRYSTAL.
SO YOU STILL HAVE THAT ONE SHARED ACCESS.
IT'S KIND OF LIKE A TI THINK THAT'S HOW IT WOULD END UP.
SO IT FEELS LIKE IT WOULD STAY THE SAME.
IT WOULD JUST, INSTEAD OF FEEDING THREE TALL LOTS, YOU'RE FEEDING THREE SMALL, ONE BIG.
SO IN THE CITY'S OPINION, WHAT WHAT IS THE LEAST IMPACTFUL VARIANCE? THIS ONE THAT WE'RE TALKING ABOUT WITH THIS OR HAVING A FLAG LOT A DIFFERENT, IF WE HAVE TO CHOOSE.
YEAH, IF WE HAVE TO PICK OUR POISON, WHICH ONE IS IT? THAT'S A GOOD QUESTION.
IT'S NOT SOMETHING WE'VE LOOKED DIRECTLY INTO, UM, AT THIS TIME.
THERE I WILL MENTION THERE ARE OTHER LOTS IN BERNIE THAT DO NOT HAVE FRONTAGE.
UH, BUT THERE ALSO ARE OTHER LOTS THAT ARE PIANO KEY LOTS.
SO IT'S REALLY, UH, I THINK THEY'RE PROBABLY EQUAL EITHER WAY WOULD BE EQUAL.
MR. SIMMONS, DO YOU KNOW SOME OF THOSE EXAMPLES?
[00:40:01]
YEAH.OF THOSE COMMERCIAL LOTS THAT DON'T HAVE FRONTAGE.
I WAS CURIOUS IF THERE WERE OTHER EXAMPLES OF THIS.
HAS THERE BEEN ANY OTHER INTEREST IN THIS PROPERTY FOR OTHER USES OR PURPOSES THAT, NOT THAT I'M AWARE OF.
SO THIS IS, THIS IS HEB UP HERE ON THE FRONT.
AND UH, IF YOU KNOW YOU'VE BEEN TO HEB, THERE'S THIS LITTLE PARCEL IS THAT COFFEE THAT USED TO BE THE, UH, IT'S BREVITY NOW.
AND THEN THIS IS THAT, UM, LIKE STRIP CENTER THAT'S BACK THERE WITH THE HAIR SALON AND THOSE KIND OF BUSINESSES.
SO THAT'S, THAT'S TWO EXAMPLES BY THE HEB.
AND THEN HERE IS THE WALMART, WHICH IS ACROSS FROM THIS DEVELOPMENT.
THE GAS STATION OF THE WALMART AND THE OLD VISITOR CENTER ARE EXAMPLES OF, OF THESE TYPES OF LOTS AS WELL.
ARE THESE ALL DONE PRIOR TO THE, UH, REQUIREMENT THAT WE'RE LOOKING AT NOW TO MEET THOSE FIVE CRITERIA? UH, I DON'T BELIEVE THAT THEY WOULDN'T HAVE HAD, HAD, HAVE TO HAVE MET THE FIVE CRITERIA BECAUSE I DON'T BELIEVE THEY WERE A VARIANCE.
UM, I DO BELIEVE THEY WERE PROBABLY, UH, PRE UDC.
SO THAT'S, I MEAN THAT'S THE PROBLEM IS WE'RE DEALING WITH THIS ORDINANCE OF HAVING TO MEET THESE FIVE REQUIREMENTS.
IN YOUR OPINION, IS THIS, UM, A PART OF THE UDC THAT MAYBE DIDN'T ROLL OUT AS INTENDED BECAUSE WE'VE HAD UDC AMENDMENTS THAT DIDN'T ROLL OUT AS THEY WERE INITIALLY THOUGHT.
IS THIS ONE OF THOSE SCENARIOS? I THINK THIS IS MORE OF A UNIQUE SITUATION IN WHICH THE CODE DOESN'T DIRECTLY APPLY.
I WOULDN'T SAY THAT THE WHOLE SECTION OF CODE DOESN'T MEET AN INTENT OR HAVE A SPECIFIC PURPOSE, BUT I THINK THAT THERE ARE UNIQUE SITUATIONS IN WHICH THE CODE CAN BECOME GRAY.
MR. MCCAMEY REALLY LIKED YOUR ANSWER THERE,
WHAT OTHER SLIDES DO YOU HAVE? 'CAUSE YOU WERE OBVIOUSLY PREPARED FOR THIS QUESTION.
WHAT ELSE IS IN YOUR BAG OF TRICKS? UH, THE OTHER THREE ARE JUST, UH, FROM THE PREVIOUS WHERE THEY SHOW THE R-B-F-C-U, UH, DRAINAGE WAY AND, AND LITTLE BRIDGE THAT CROSSES IT THAT WE HAD TALKED ABOUT LAST TIME.
SINCE YOU MENTIONED THAT IF THIS VARIANCE IS GRANTED, IT ALSO THEN IT IT, THERE WAS A PROBLEM WITH THE DISTANCE BETWEEN THE DRIVEWAYS AS WELL, RIGHT? THAT THAT WON'T MEET THE UDC EITHER.
I BELIEVE JEFF MAY CORRECT ME ON THIS, I BELIEVE BECAUSE THAT'S A TXDOT ROAD WE WOULD DEFER TO TXDOT FOR THAT.
DOES IT MEET THEIR REQUIREMENTS? YES.
I, YEAH, I I DON'T KNOW IF IT MEETS THE REQUIREMENTS, BUT THEY DID TELL US THAT THERE WOULD BE ACCESS THERE, UH, PROVIDED.
SO, SO IF THE UDC READ EVERY, EVERY LOT MUST HAVE FRONTAGE ACCESS UNLESS YOU HAVE SECURED A RIGHT OF WAY MM-HMM
THIS WOULD WORK, RIGHT? SO IF THE, IF THE UDC HAD THAT, THAT ONE, IF DISCLAIMER, UNLESS YOU HAVE SECURED A RIGHT OF WAY, LIKE AN EXCEPTION, IT WOULD, I GUESS MY QUESTION IS WAS THAT MAYBE THE INTENT OF THE UDC? 'CAUSE IT SEEMS REASONABLE TO ME TODAY, BUT I DON'T KNOW.
I WASN'T, I WASN'T THERE WHEN THE FOUNDING FATHERS WROTE THE UDC.
YEAH, THESE ARE ALL GREAT QUESTIONS AND I, YOU KNOW, THE MORE, THE MORE THAT I LOOK AT IT, I, I DO HAVE SOME CONCERNS THAT COME UP WITH SEVEN BREW AND TRAFFIC AND THAT'S A COMPLETELY SEPARATE ITEM.
MAYBE AT A FUTURE STATE WE DON'T KNOW.
BUT I THINK THAT WE RIGHT IN, RIGHT OUT OFF OF MAIN STREET IS IMPORTANT, UH, FOR TRAFFIC FLOW.
NOT TO MENTION THE OTHER ACCESS POINTS.
I THINK THAT, YOU KNOW, IF I WAS GOING SOUTH ON MAIN STREET, I WOULD TAKE A RIDE IN TO THIS DEVELOPMENT AND THEN, AND THEN LIKELY EXIT ON CHRISTMAS PARKWAY.
UM, AND THERE'S PLENTY OF OPPORTUNITY THERE, UM, OR POTENTIALLY EVEN RIGHT OUT, BUT, UM, NOT A LEFT OUT, WHICH WOULD BE MY BIGGEST CONCERN.
AND SO I THINK THAT THAT IS A GOOD, A GOOD OPPORTUNITY, UM, FOR US TO REMOVE THE LEFT OUT WITH A CO WITH WHAT WE'VE HEARD BEING A PROPOSED COFFEE SHOP, UH, I DON'T THINK WE CAN HAVE ANY INPUT ON HOW, WHAT THAT ACCESS IS BECAUSE IT'S TECH STOCK.
CAN I JUMP IN ONE SECOND? MAYBE THIS WILL HELP.
WILL YOU GO BACK TO, UH, KEEP GOING.
[00:45:01]
ONE WAY TO THINK ABOUT THIS IS THAT REGARDLESS OF WHETHER OR NOT, UH, THIS VARIANCE IS APPROVED, ACCESS WILL BE PROVIDED AT THE BLUE STAR, AT THE RED STAR, THE RED AND THE THREE RED STARS.SO ACCESS ISN'T CHANGING BASED ON WHETHER OR NOT YOU, UH, MAKE IT APPROVED OR DENY THE VARIANCE.
THAT'S THE ACCESS FOR THIS AREA THAT'S PLANNED.
UH, SO THIS IS REALLY ABOUT, DOES, DOES THE YELLOW LOT NEED TO HAVE A PROPERTY LINE THAT TOUCHES A PUBLIC ROAD? FAIR ENOUGH? YOU SEE THIS LAYOUT TO ME SEEMS VERY REASONABLE.
ARE WE AT ANY, IF, IF WE DO NOT FOLLOW ORDINANCES, IF WE MAKE A VARIANCE THAT DOES NOT FOLLOW OUR ORDINANCES, ARE WE AT ANY PERSONAL RISK AS COMMISSIONERS? UH, NO SIR.
YOU'RE ACTING IN YOUR GOVERNMENTAL CAPACITY AND YOU'RE ACTING AS IF YOU WERE, YOU'RE, YOU'RE SUBJECT TO THE, THE GOOD FAITH IMMUNITY.
QUESTION ABOUT ANY PERSONAL SUITS AGAINST INDIVIDUALS, UM, AND NOBODY'S GONNA ENCOURAGE YOU NOT TO FOLLOW THE ORDINANCE, BUT I WOULD SAY THAT TO ANSWER THE QUESTION ABOUT, UH, FUTURE CASES AND HOW THIS, THIS PARTICULAR CASE MIGHT IMPACT THOSE, SOME KIND OF PRECEDENT, THE REASON ALL THOSE CONDITIONS ARE IN A VARIANCE, THE VARIANCE REQUIREMENTS IS TO TRY TO ADDRESS THAT ISSUE SO THAT VERY FEW, IF ANY CASES WILL BE IDENTICAL.
SO THERE REALLY IS NOT, VERY RARELY WOULD THERE BE ANY PRESIDENTIAL VALUE TO GRANTING OR DENYING A PARTICULAR AREA.
WHEN WAS THAT? ALMOST EIGHT ACRE LOT PLOTTED.
WHEN, WHEN WAS IT? YEAH, LET'S SEE.
UH, I BELIEVE IT WAS FAIRLY RECENTLY.
SO I MEAN, IF THAT WAS, IF THAT WAS A EASY TO DEVELOP LOT, IT WOULD'VE BEEN DEVELOPED, YOU WOULD THINK SOONER.
SO I MEAN, IS THE PRECEDENCE, IF YOU CAN'T DEVELOP THE LOT IN 10 YEARS OR YOU GET THE, GET THE VARIANCE OR YOU CAN'T DEVELOP A LOT IN FIVE YEARS, YOU GET THE VARIANCE
IS IT, IS IT A TIMEFRAME? SO TRYING TO REALLY HARD TO FIND A SOLUTION HERE.
CAN YOU GO BACK TO THE SLIDE WITH THE VARIANCE? THE, THE, THE FIVE.
DID, DID I READ WRONG? STAFF ALSO FELT LIKE THIS DID NOT MEET THREE OF THESE CRITERIA, DIDN'T THEY? UH, THE, THE ANALYSIS PROVIDED UNDER IS STAFF ANALYSIS UNDER THE, THE BOLD.
SO, MR. SIMMONS, COULD YOU ELABORATE ON HOW THE VARIANCE WOULD IMPACT THE ABILITY OF THE LAND TO BE DEVELOPED IN THE FUTURE? IF, IF THE, IF THE VARIANCE WAS GRANTED, STAFF'S ANALYSIS IS STATING THAT IT COULD IMPACT THE ABILITY OF THE LAND TO BE DEVELOPED IN THE FUTURE AND NEGATIVELY IMPACT ACCESS TO THE SITE.
SO I THINK THAT THAT'S IN THERE, UH, BECAUSE YOU DO ESSENTIALLY LANDLOCK THE SITE.
SO IF YOU GRANT THE VARIANCE AND NOTHING COMES IN AND, YOU KNOW, 20 YEARS INTO THE FUTURE, IT COULD JUST POTENTIALLY CREATE SOME FRICTION UPHOLDING THE EASEMENTS THAT ARE A PART OF THE PROPOSED PLAT.
BUT AS DIRECTOR CRANE STATED, ACCESS IS ALREADY ARRANGED.
THEY'RE ALL, SO ACCESS ISN'T NECESSARILY AN ISSUE FROM WHAT WE'VE HEARD.
AND THAT ACCESS EASEMENT HAS NO EXPIRATION DATE? UH, NO, YOU KNOW, THAT THAT LINE IN, IN FOUR IS JUST THE LAST SENTENCE OF A BIGGER PARAGRAPH IN THE PACKET, WHICH SAYS THE FRONTAGE REQUIREMENTS IN IS IN
[00:50:01]
PLACE FOR SEVERAL REASONS.ONE OF WHICH BEING THAT ALL LOTS WITHIN THE CITY HAVE ADEQUATE ACCESS.
AND I THINK, I DON'T THINK THAT THIS LOT LACKS ADEQUATE ACCESS.
I THINK THIS LOT HAS MAYBE EVEN BETTER ACCESS A SIGNIFICANT AMOUNT OF ACCESS.
SO IF THAT'S THE MAIN DRIVER BEHIND THE, BEHIND THE LIMITATION, IT FEELS TO ME LIKE THAT'S, THAT'S NOT A, THAT'S NOT AN ISSUE HERE.
JUST, UH, FOR YOUR REFERENCE, THE OLD SUBDIVISION CODE HAD THE SAME REQUIREMENT TO HAVE, UH, FRONTAGE ON A PUBLIC ROAD.
WE DON'T KNOW, UM, WHAT HAPPENED WITH THOSE TWO EXAMPLES THAT MR. SIMMONS SHARED.
UM, WE'D HAVE LOOKED THAT, BUT THANKS TO MR. CARROLL FOR LOOKING THAT UP.
CAN YOU ADDRESS THE, THE COMPARISON TO SPROUT'S PROPERTY? HOW, SO THAT THE APPLICANT MADE THE WIDTH OF THE DEPTH THAT THE WIDTH AND DEPTH REQUIREMENTS OF SPROUTS WASN'T MET EITHER, BUT THEY'RE BEING REQUIRED TO MEET IT.
WHAT, WHAT ARE THE DETAILS AROUND WHY THOSE ARE NOT SIMILAR? UM, THE APPLICANT'S PRESENTATIONS HERE, WE CAN SHOW THAT.
SO I, I DON'T KNOW THE BACKGROUND.
AGAIN, THIS WAS DONE BEFORE, UH, ANY OF US WERE HERE.
UH, THEY DO HAVE FRONTAGE ON TWO STREETS, NORRIS LANE AND CHRISTUS.
UM, WHEN THE PLAT WAS ORIGINALLY DONE, YOU CAN SEE, UM, THERE WAS ONLY THREE SEPARATE, UH, LOTS NOT OWNED BY THE DEVELOPER.
THE THREE PADS, UH, THAT YOU SEE FOR THE STANDALONE, THE PANDA AND THE TWO OTHER ONES, THE OTHER ONES ARE ALL OWNED BY THE SAME ENTITY.
UM, SO IS THIS, YEAH, SO I, WITHOUT GOING BACK IN THE CASE FILE, THAT'S WHAT WE CAN OFFER YOU AS FAR AS THE HISTORY OF IT.
SO I'M HEARING YOU SAY THEY DIDN'T HAVE THE ACCESS ISSUES, BUT WHAT ABOUT THE WIDTH AND DEPTH ONCE IT GOT BROKEN DOWN INTO PARCELS IS HOW IS IT MAYBE THE APPLICANT CAN DESCRIBE WHAT THEIR COMPARISON IS? I DON'T KNOW.
I'M JUST, THESE ARE TWO NEW DEVELOPMENTS.
MR. CUSHMAN, WOULD YOU LIKE TO CLARIFY YOUR POINT HERE ON THE WIDTH AND DEPTH? SURE.
SO I, THIS, THIS SLIDE IS, IS TO HELP, I GUESS PAINT THE PICTURE OR SET THE TABLE OF CONTINUATION OF THESO DEVELOPMENT THROUGH OUR TRACT AND ALSO IDENTIFY ACCESS POINTS SINCE THOSE WERE A CON CONCERN, BUT ALSO THE, THE WIDTH TO DEPTH RATIOS.
I THINK IT'S TWO TO ONE OR THREE TO THREE TO ONE.
UM, WE, WE FELT THAT PERHAPS WE WERE BEING HELD TO A HIGHER STANDARD DUE TO A VARIANCE.
I DON'T KNOW IF THIS TRACK HAD TO GO THROUGH THE VARIANCE PROCESS OR NOT.
AGAIN, I'M NOT TRYING TO THROW A GRENADE INTO PLANNING DEPARTMENT OR, YOU KNOW, ANYTHING LIKE THAT.
I JUST, IT IT WAS BOARD TO SHOW THAT THERE'S A NATURAL CONTINUATION OF A SIMILAR DEVELOPMENT THROUGH OUR SITE AND THE SAME SORT OF BACKED LARGER TRACKED CONFIGURATION WITH A SINGLE ACCESS POINT TO THE, A MAIN THOROUGHFARE.
SO I KNOW NORRIS IS IS THERE, BUT IT'S, I MEAN, IT'S A STREET THAT'S DOESN'T HAVE A LOT OF CAPACITY FOR, FOR HEAVY TRAFFIC.
I DON'T KNOW THAT I'VE EVER DRIVEN ON THAT ROAD, BUT IT'S A SECRET SHORTCUT IN TOWN.
AND I'M SURE THE NEIGHBOR LOVES IT WHO IS ACROSS FROM HEB.
SO, UM, IT, WHILE I, WHILE I'M AT THE LECTERN TOO, IF, UM, IF THERE AREN'T ANY OTHER QUESTIONS, I I WOULD LIKE TO HAVE AN OPPORTUNITY TO ADDRESS EACH OF THE FIVE VARIANCE CRITERIA IF NECESSARY.
IF THERE'S ANY CONFUSION OR WE HAVEN'T STATED OUR CASE WELL ENOUGH,
[00:55:01]
WOULD YOU GUYS LIKE TO HEAR? SURE, I'D LIKE TO HEAR IT.YEAH, SO IN TALKING WITH BEN, I THINK THESE WERE INITIAL FINDINGS.
UM, AND SO I THINK THE, THE UNNECESSARY HARDSHIP REALLY IS RELATED TO THE ESTABLISHMENT OF THIS LOT IN 2017.
IT, IT, IT KIND OF VERY, UM, I DON'T KNOW IF IT WAS FORGOTTEN ABOUT, BUT IT WAS NOT PART OF THE 2025 REPL THAT SORT OF CREATED THE OTHER AREAS OF, OF, UH, LAND FOR THAT GREEN AND YELLOW AND ORANGE LAYOUT THAT WE SAW.
SO IT'S, IT'S KIND OF BEEN LIKE THIS BACK WATER LOT THAT SAT THERE FOR, UM, 10 YEARS.
UM, BUT I THINK THAT THE, THE, THE DIMENSIONS OF IT, SO IT'S LIKE AN EIGHT LARGE EIGHT ACRE TRACK.
SO IN ORDER TO FIX THE FLOODPLAIN ISSUES AND CONTINUE TO DEVELOP IN A WAY THAT'S COHESIVE WITH DE SOBO, IT'S, I THINK OUR LAYOUT REALLY SOLVES THOSE ISSUES AS WELL AND ALLOWS FOR, UM, DEVELOPMENT AS INTENDED AS BEST WE CAN BECAUSE WE CAN'T DO THE FLAG LOT AND WE CAN'T, WE CAN'T SUBDIVIDE, UM, WITHOUT HAVING FRONTAGE ON, WE CAN'T SUBDIVIDE THE WAY IT WAS PROPOSED WITHOUT PURCHASING LOT THREE A AND THAT LAND ISN'T FOR SALE.
SO, UM, I THINK THAT'S THE HARDSHIP THAT'S UNIQUE TO THIS LOT.
UH, THERE ARE NO CHANGE IN USE, SO WE'RE NOT ASKING FOR A CHANGE IN ZONING OR ANYTHING LIKE THAT.
WE'RE, WE'RE NOT, WE WOULDN'T BE ASKING FOR ANY OTHER VARIANCES OR, UM, WITH THE CRUNCH DEVELOPMENT.
UM, IT IS WORTH NOTING THAT FUTURE OUT PARCELS BY OTHERS WOULD NEED A SUP IF THEY WERE A DRIVE THROUGH FOR SOME USE THAT WASN'T, UM, ALLOWED.
SO THERE'S STILL A BACKSTOP THERE.
UH, THE NUMBER THREE, AGAIN, I THINK APPROVING OF THIS VARIANCE WOULDN'T SET A PRECEDENT.
I THINK APPROVING A FLAG LOT WOULD BE MORE RISK AT FUTURE DEVELOPERS COMING AND SAYING, WELL, YOU GUYS APPROVED A FLAG LOT HERE.
UM, THIS IS PRETTY UNIQUE TO JUST ALLOW FRONTAGE, YOU KNOW, FIXING THE SEMANTICS OF THE UDC.
SO WE HAVE ACCESS, WE HAVE FRONTAGE, BUT IT'S WITH AN EASEMENT.
AND UM, AS BEN SHOWED, THERE'S EXAMPLES OF THAT AND, AND JEFF SPOKE TO THE JERSEY MIKES TOO.
AND SO IT'S, ANYONE ELSE KIND OF VISITING THE SITE WOULDN'T PROBABLY THINK ANYTHING ELSE OF IT.
IT WAS JUST, HERE'S THE ACCESS TO THE CRUNCH FITNESS DEVELOPMENT, OR I CAN GET TO SPROUTS THIS WAY.
SO I DON'T KNOW THAT, UM, IT WOULD BE AS LIKE EXPLICIT OF, OF AN APPROVAL THAT WOULD BE, I DUNNO, USED AGAINST YOU IN THE FUTURE.
UM, AND UM, AGAIN, I THINK IT'S A UNIQUE LOT.
IT'S, IT'S LARGE AND, AND ODDLY SHAPED.
AND, UM, TO COMMISSIONER VINOS POINT, IT HAS SAT THERE FOR 10 YEARS AND WE, WE EVEN SHOWED, UH, A, A BUNCH OF OTHER SITES OF SIMILAR SIZE THROUGHOUT THE, THE CORRIDOR THAT DON'T HAVE THE SPECIFIC ACCESS ISSUES BUT ARE REMAIN VACANT AND PROBABLY HAVE BEEN FOR A FOR TIME OR THEY'RE MULTI-FAMILY SITES OR SENIOR CARE, WHICH, UM, I, I DON'T KNOW.
I DON'T HAVE A CRYSTAL BALL, BUT I KNOW MULTIFAMILY IS, IS A, A, A FOUR LETTER WORD IN THE COMMUNITY.
SO, UM, FOR NEW DEVELOPMENT, UH, SO NUMBER FOUR, UH, I DON'T THINK IT CAN IMPACT THE ABILITY FOR NEGATIVE ACCESS TO THE SITE OR, OR SORRY, NEGATIVELY IMPACT THE SITE TO FU SINCE IT IS THE LAST TRACKED.
EVERYTHING ELSE IS BOUGHT UP AND HAS PLANNED FOR DEVELOPMENT.
THE SEVEN BREW HAS AN SUP NEXT MONTH, UM, WHICH IS WHY WE WANTED TO BE ON THE SAME PAGE WITH THEM AND COORDINATE OUR, OUR PROPOSED ACCESS.
UM, AND THEN THE PUBLIC HEALTH WELFARE AND SAFETY.
UM, I MEAN THIS IS, IF IF BERNIE'S GOOD FOR BUSINESS AND ENCOURAGES ECONOMIC DEVELOPMENT, I THINK THIS IS AN OPPORTUNITY TO CREATE JOBS IN CONSTRUCTION, EMPLOYMENT, TAX REVENUE, AND SORT OF BUILD OUT THIS SPACE THAT IS A CONTINUATION OF, OF SOBO.
AND IT IS KIND OF TUCKED AWAY IF YOU'RE DRIVING DOWN MAIN, IT'S, IT'S KIND OF AROUND THE CORNER, UM, TO COMMISSIONER FRIAR'S CONCERNS.
BUT I THINK THE INTENT OF THE SOBO IS TO JUST CREATE THIS COHESIVE DISTRICT THAT WE'RE, WE'RE ATTEMPTING TO, TO SATISFY WITH OUR PROPOSED LAYOUT.
SO, UM, THANK YOU MR. CUSHMAN.
ONE QUESTION I HAVE, THIS MIGHT BE FOR YOU MR. SIMMONS, IS THERE A MINIMUM REQUIREMENT OF FRONTAGE,
[01:00:01]
LET'S SAY IF YOU NEED 26 FEET OF DRIVEWAY, IF THEY HAD 26 FEET OF FRONTAGE WITH THAT, IT ELIMINATE THE NEED FOR THIS VARIANCE? THE MINIMUM IS 60 FEET.SO THE, THERE IS A MINIMUM REQUIREMENT YEAH.
THAT MIGHT BE THE CONVERSATION I REMEMBER.
BUT THERE'S STILL, I MEAN, THEY'RE MEETING THE 26 FEET REQUIREMENT, BUT THERE'S AT LEAST A HUNDRED FEET OF EASEMENT.
SO I MEAN, I'D ENTERTAIN A MOTION.
CAN I ASK ONE MORE QUESTION? ABSOLUTELY.
PROBABLY FOR M**K, I REALIZE CONDITIONS AREN'T IDEAL, BUT IS IT POSSIBLE THAT IF THIS WAS APPROVED, IT COULD BE TIED TO THE, THE ROAD THAT WOULD CONNECT THE BACK OF THE CAR WASH TO WHERE SPROUTS IS GONNA BE, THAT THAT ROAD HAS TO BE IN PLACE BEFORE THE C OF O COULD IF TAKE PLACE FOR THE CRUNCH.
IF CRUNCH WENT IN FIRST AND THEY HAVE THEIR EASEMENT, COULD THEY BE REQUIRED TO ALSO HAVE ACCESS TO THE FRONT SO THAT THAT'S A GUARANTEE? DOES THAT MAKE SENSE? YOU FOLLOWING ME? SO WHAT IT THAT THE CONNECTION BETWEEN THE CAR WASH AND THE SPROUTS DRIVEWAY THAT FOLLOWS ALONG CHRISTUS PARKWAY, THAT THAT WOULD BE REQUIRED TO BE DONE HERE YEAH.
ON THE FRONT END OF THE PROJECT.
BECAUSE THAT ALMOST DOUBLES AS A FRONTAGE.
I MEAN, IT'S, IT'S, IT'S A DIFFERENT PROCESS THEN YOU'VE GOT PLENTY OF ACCESS.
YOU'RE CREATING AN ARTIFICIAL FRONT FRONTAGE.
I THINK AT THAT POINT IT'S REALLY IN, AND THEN PARCELS A, B, AND C CAN FILL IN ANY TIME.
BUT THAT'S, THOSE, ALL THOSE ACCESS POINTS ARE ALREADY IN PLACE.
IS THERE ANY MERIT TO THAT AND IS IT EVEN POSSIBLE? I, THAT REALLY IS NOT PART OF THIS PROCESS.
YOU KNOW, WE HAVE FIRE CODE REQUIREMENTS ON THAT TYPE OF ACCESS AND THAT TYPE OF, SO THAT'S A LITTLE BIT LATER DOWN THE ROAD.
SO I'M NOT, YOU COULD MAKE A STATEMENT OF WHAT THE COMMISSION WOULD LIKE TO SEE GOING FORWARD, IF YOU WISH, BUT I'M NOT SURE YOU CAN MAKE IT A CONDITION OF THE VARIANCE.
COMMISSIONER FRYER, I THINK, YOU KNOW, THEY'RE GONNA HAVE TO HAVE TWO POINTS OF ACCESS.
SO MY UNDERSTANDING IS THAT BEFORE THERE'S AN OCCUPANCY PERMIT RELEASE, THAT THEY WILL HAVE THOSE TWO POINTS OF, OF ACCESS.
EVEN IF ONLY PARCEL D IS BUILT OUT, THEY STILL HAVE TO HAVE TWO POINTS REGARDLESS.
ANY OTHER QUESTIONS FOR MR. SIMMONS? UH, ONE QUESTION.
I, THAT IS THE ASSUMPTION THAT SEVEN BREW WILL ALSO USE THAT SAME ACCESS POINT TO THE MAIN STREET WITH THE, THE BLUE WHERE THE BLUE STAR IS? YES.
THERE'S, THERE WON'T BE A SECOND ONE IN THE FUTURE.
IS THERE A MOTION? I, I, I THINK I'D LIKE TO MAKE A MOTION TO APPROVE IT.
MOTION TO APPROVE THE VARIANCE SAYS VARIANCE.
AND THERE WERE NO STIPULATIONS BY STAFF.
SECONDED BY COMMISSIONER KATES.
SO APPROVE THE VARIANCE PENDING PENDING THE FOLLOWING STIPULATIONS.
FOLLOWING STIPULATIONS, STIPULATIONS ONE, TWO, AND THREE.
SECONDED BY COMMISSIONER KATES, IT PASSES UNANIMOUSLY.
THANK YOU GUYS FOR YOUR PATIENCE.
THANK YOU ALL FOR BEING THOROUGH WITH ALL OF THE QUESTIONS.
ROBUST CONVERSATION FOR UNANIMOUS APPROVAL.
THAT COMPLETES OUR REGULAR AGENDA FOR TONIGHT.
[6. 2026-326 Discuss proposed 2026 Unified Development Code (UDC) Amendments (Phase 1)]
COMPLAIN AND ZONING DISCUSSION AND DISCUSS PROPOSED 2026 UNIFIED DEVELOPMENT CODE.[01:05:01]
UH, GOOD EVENING COMMISSIONERS.I AM WITH THE PLANNING DEPARTMENT AND I WILL BE SORT OF SPEARHEADING THIS EFFORT.
UM, THE PRESENTATION TONIGHT, BECAUSE TONIGHT STAFF WILL PRESENT THE PROPOSED PHASE ONE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE.
THIS IS A FOLLOW UP TO THE JOINT PNZ AND CITY COUNCIL WORKSHOP THAT WAS HELD IN MARCH.
SEVERAL STAFF MEMBERS CONTRIBUTED TO THESE AMENDMENTS AND WILL PRESENT THEIR RESPECTIVE TOPICS TONIGHT.
SO AT THE MARCH WORKSHOP, PNZ AND CITY COUNCIL PROVIDED INITIAL DIRECTION ON THE POLICY CONCEPTS BEHIND THESE AMENDMENTS.
STAFF HAS SINCE TRANSLATED THAT DIRECTION INTO DRAFT ORDINANCE LANGUAGE, AND COORDINATED THE RELATED CHANGES ACROSS THE UDC.
TONIGHT BEGINS P AND Z'S REVIEW.
THIS IS A WORKSHOP, NOT A FORMAL PUBLIC HEARING, SO OUR PURPOSE IS TO HIGHLIGHT THE MAJOR PROVISIONS AND IDENTIFY, UM, UH, KEY KEY POINTS OF THE AMENDMENTS.
THE PROPOSED AMENDMENTS WE ARE PRESENTING TONIGHT ARE GONNA BE ORGANIZED INTO THREE GROUPS.
FIRST, WE WILL DISCUSS PROPOSED LAND USE AMENDMENTS FOR REGULATED AND EMERGING USES.
NEXT, WE'LL COVER ENVIRONMENTAL AND SITE DESIGN STANDARDS, INCLUDING LIGHTING, WATER CONSERVATION, LANDSCAPING, AND WATERSHED PROTECTION.
AND FINALLY, WE WILL DISCUSS THE DE DE.
WE WILL DISCUSS THE DEVELOPMENT REVIEW AMENDMENTS, INCLUDING PLAT EXEMPTIONS, GENERAL APPLICATION PROCEDURES, PLATING AND CONSTRUCTION PROCEDURES.
AND THEN WE'LL CONCLUDE WITH THE REVIEW PROCESS AS WELL AS THE NEXT STEPS.
SO FOR THE FIRST, UM, GROUP, WE'LL BEGIN WITH A PROPOSED LAND USE AMENDMENTS IN MARCH.
THE DIRECTION WAS TO DISTINGUISH PRINCIPAL VAPE AND CBD RETAILERS FROM STORES THAT SELL THESE PROJECTS INCIDENTALLY, AND TO AVOID SEPARATION REQUIREMENTS WITHOUT SUPPORTING STUDIES.
THE DRAFT CREATES SEPARATE DEFINITIONS AND ALLOWS PRINCIPAL VAPE AND C-B-T-C-B-D ESTABLISHMENTS IN C3 AND C FOUR ONLY THROUGH AN APPROVED SPECIAL USE PERMIT.
INCIDENTAL SALES WOULD REMAIN ACCESSORY TO THE PRINCIPAL RETAIL USE.
SO, FOR EXAMPLE, UM, A CONVENIENCE STORE THAT, UM, A CONVENIENCE STORE THAT WE THINK OF WOULD NOT TURN INTO A VAPE SHOP IF, UM, JUST BECAUSE THEY'RE SELLING VAPE PRODUCTS, IT HAS TO BE THE PRINCIPAL USE.
UM, THE SUP PROCESS WOULD ALLOW SITE SPECIFIC CONDITIONS ADDRESSING, UH, ADDRESSING MATTERS SUCH AS SIGNAGE, WINDOW COVERAGE, OUTDOOR DISPLAYS, HOURS LIGHTING AND CIRCULATION FOR TATTOO AND PERMANENT COSMETICS.
IN MARCH, THE DIRECTION WAS TO DISTINGUISH CONVENTIONAL TATTOO ESTABLISHMENTS FROM PERMANENT COSMETIC SERVICES AND LIMIT TATTOO ESTABLISHMENTS TO C3 AND C FOUR THROUGH AN APPROVED SPECIAL USE PERMIT.
THE DRAFT CREATES SEVERAL USE, UM, CLASSIFICATIONS, TATTOO AND BODY ART ESTABLISHMENTS WOULD REQUIRE AN SEP NC THREE AND C FOUR AS DIRECTED.
ALLOWING SITE SITE SPECIFIC REVIEW AND CONDITIONS PERMANENT COSMETICS AND MICROBLADING WOULD BE PERMITTED IN OH ONE, THE C ONE THROUGH C FOUR ZONING, UM, CATEGORIES AS WELL AS CR BECAUSE THESE, UM, ARE GEN, THEY GENERAL, UM, PERMANENT COSMETICS GENERALLY OPERATE MORE LIKE A SALON, A SPA, A MEDICAL OFFICE, OR PERSONAL CARE SERVICE.
SO WHEN THIS SERVICE IS PROVIDED AS AN ACCESSORY SERVICE WITH WITHIN ONE OF THOSE ESTABLISHMENTS, THEY WOULD BE CLASSIFIED, UM, THEY WOULD BE CLASSIFIED AS THE PRINCIPAL USE.
UH, WITH THAT, I WILL TURN IT OVER TO WILLIAM TO GO OVER DATA CENTERS.
I DID FORGET TO MENTION THAT AT THE END OF EACH GROUP, WE WILL PAUSE FOR QUESTIONS AND DISCUSSION BEFORE MOVING ON TO THE NEXT SET OF PROPOSED AMENDMENTS.
I HAVE A QUESTION FOR THIS GROUP FOR I READ THE NEXT ONE.
THIS IS STILL PART OF THE SAME GROUP.
SO MINE WILL BE THE NEXT, WILL BE THE FINAL ONE AFTER THIS SECTION.
UH, SO JUST FOR SOME BACKGROUND ON DATA CENTERS, UM, AS YOU ALL KNOW, YOU ALL WERE IN ATTENDANCE WITH, UH, THAT JOINT COUNCIL SESSION WHERE WE DISCUSSED THESE UDC ITEMS THAT ARE BEING PRESENTED TO YOU TODAY.
DATA CENTERS WAS NOT ONE OF THOSE THAT WAS DISCUSSED AT THAT TIME.
HOWEVER, WE ARE BRINGING THIS FORWARD WITH THIS UDC AMENDMENT BECAUSE DATA CENTERS RIGHT NOW, AT THIS TIME, AS WE KNOW, THEY'RE RAPIDLY EXPANDING.
UH, THE DEVELOPMENT PRESENTS A UNIQUE KIND OF CHALLENGE WITH LAND USE PROBLEMS AND WITH INFRASTRUCTURE IMPACTS.
AND WE'VE ALREADY SEEN A NUMBER OF TEXAS COMMUNITIES RESPONDING TO THIS AND ALSO ACROSS THE NATION JUST SEEING HOW RAPIDLY THEY'RE EXPANDING.
AND SO YOU CAN SEE HERE ON THE RIGHT HAND SIDE A NUMBER OF
[01:10:01]
COMMUNITIES WITHIN THE STATE OF TEXAS THAT WE'VE TAKEN A LOOK AT.NOT JUST THESE, BUT BEYOND THESE, BUT JUST A HANDFUL THAT HAVE ALREADY BEEN ADOPTING ORDINANCES AS A RESULT OF, UH, DATA CENTERS.
AND SO I WOULD LIKE TO HIGHLIGHT, YOU KNOW, EVEN JUST OUR NEIGHBOR TO THE NORTH, UH, KERRVILLE ADOPTED THEIR ORDINANCE IN MAY OF 2026, SO VERY RECENTLY.
SO THIS IS STILL SOMETHING THAT'S VERY ONGOING, VERY PRESENT.
SO WHAT THIS AMENDMENT IS, IT'S AN AMENDMENT TO DEFINE WHAT IS A DATA CENTER, ESTABLISH CRITERIA FOR THEIR SITE DEVELOPMENT, AND CATEGORIZE THEM WITHIN THE PERMITTED USE TABLE.
SO YOU CAN SEE THAT HERE BELOW WE HAVE THE PERMITTED USE TABLE, UH, SHOWING DATA CENTERS PERMITTED WITH A SPECIAL USE PERMIT IN I TWO OR I THREE.
SO JUST AS A REMINDER, THOSE I TWO I THREE ZONING DISTRICTS ARE OUR MORE INTENSE INDUSTRIAL DISTRICTS THAT WE HAVE HERE WITH THE CITY OF BURN.
UM, SO THAT IS WHERE WE MIGHT FIND A POTENTIAL DATA CENTER PER THE PERMITTED USE TABLE.
BUT JUST KEEPING IN MIND THAT IT'S PERMITTED WITH A SPECIAL USE PERMIT.
SO IF THERE WERE ANY DATA CENTER THAT WE'RE COMING TO THE CITY OF BERNIE, THEY WOULD HAVE TO COME BEFORE THIS BOARD TO GET APPROVAL FROM THIS COMMISSION.
AND THEN AS WELL AS THE CITY COUNCIL.
AND THEN SOME OF THOSE SITE DEVELOPMENT STANDARDS THAT WE'D SEE WITH THIS ARE BUFFER REQUIREMENTS FROM SENSITIVE OR VULNERABLE USES.
THINK A HOSPITAL, THINK A SCHOOL, THINK A PARK, UM, ACCESS LIMITED TO HIGHER CAPACITY ROADS.
UH, REALISTICALLY THAT'S GONNA LOOK LIKE OUR ARTERIAL ROADS WITHIN THE CITY OF BURN.
UM, INCREASE BUFFER REQUIREMENTS AND LANDSCAPING REQUIREMENTS WHEN ADJACENT TO RESIDENTIAL USES.
WE WANNA MITIGATE ANY KIND OF POTENTIAL NOS WHEN THEY'RE ADJACENT TO RESIDENTIAL USE.
INCREASED SCREENING REQUIREMENTS FOR OUTDOOR STORAGE.
WE DON'T NECESSARILY LIKE THE WAY THEY LOOK.
WE WANT TO INCREASE OR WE WANT TO DECREASE THAT VISUAL IMPACT AS WE'RE LOOKING AT A DATA CENTER.
AND IN THAT SAME LINE, INCREASED ARCHITECTURAL FEATURE REQUIREMENTS.
WE DON'T JUST WANNA BOX ON A PROPERTY.
WE DON'T WANT TO LOOK AT A, YOU KNOW, LAND BOX ON A BUILDING.
AND THEN LASTLY, DEFINING THE REQUIRED ONSITE PARKING RATIO.
SO BECAUSE THIS IS A NEW USE, IT'S GONNA HAVE A UNIQUE KIND OF CONSIDERATION AS TO WHAT WE WOULD LOOK AT WITH PARKING AT DATA CENTERS.
AND SO THAT'LL CONCLUDE THE LAND USE AMENDMENTS.
SO IF YOU HAVE ANY QUESTIONS FOR US RIGHT NOW, WE'RE WELCOME TO PAUSE.
COMMISSIONER CASE FIRST IN LINE.
UH, JUST CURIOSITY, IS THERE GONNA BE A DEFINITION OF PRINCIPAL USE, UH, FOR VAPE AND CBD? YOU WERE TALKING ABOUT SELL GROCERY IN A CONVENIENCE CARD.
SO PRINCIPAL USE IS ALREADY, UM, A TERM THAT'S USED IN THE UDC TO DEFINE WHAT, UM, LIKE IT'S ALREADY A TERM THAT, A TERM THAT WE USE TO DEFINE THAT, THAT, THAT, UM, USE IS THE PRIMARY USE.
I THINK, UM, WE DISTINGUISH BETWEEN ANTS AND THEIR, OR ACCESSORY AND ACCESS.
YEAH, WE, WE DISTINGUISH IT BETWEEN ACCESSORY AND THE PRINCIPAL USE.
UM, I THINK, CORRECT ME IF I'M WRONG, WE WE'RE NOT GONNA ESTABLISH LIKE A CERTAIN THRESHOLD.
LIKE IF YOU'RE SELLING 52% OF VAPE PRODUCTS, THEN YOU'RE CONSIDERED A PRINCIPAL, UM, VAPE SHOP.
THERE'S OTHER DEFINITIONS THAT WILL, UM, WE WILL HAVE A SPECIFIC DEFINITION FOR WHAT A VAPE AND CBD RETAIL ESTABLISHMENT, UH, WOULD BE.
SO WE DON'T HAVE A DEFINITION OF FRIENDS OF LIKE WITH ALCOHOL, NOT 51% OR OF YOUR CELLS ARE COMING FROM THAT OR YEAH, WE DON'T, BUT THAT MIGHT BE A GOOD COMMENT FOR US TO EXPLORE.
JUST SEEMS LIKE KIND OF AN OPEN-ENDED SEEMS SUBJECTIVE.
YEAH, THAT'S PRETTY OBJECTIVE OR SUBJECTIVE AND YOU CAN MAKE IT, UH, PRETTY OBJECTIVE IF WE HAD A DEFINITION OF PRINCIPAL USE.
AND THAT'D BE A SUGGESTION I HAD.
AND IF, WELL, I'VE GOT THE FLOOR DATA CENTERS.
I KNOW ONE OF THE BIG PROBLEMS ARE THERE WATER REQUIREMENTS TO KEEP THOSE.
ANY OF THE ORDINANCE OR THE, UH, COMMUNITIES YOU'RE SEEING ADDRESS DATA CENTERS, ARE THEY ADDRESSING WATER USAGE AT ALL? AND IF SO, HOW ARE THEY DOING THAT? SO SOME OF THE COMMUNITIES KIND OF ADDRESS WHAT WE'LL SEE COMING UP LATER IN THESE UDC AMENDMENTS ARE THAT THEY REQUIRE THEM TO DO THAT RECAPTURE OF SOME OF THOSE USES THAT ARE ON SITE.
AND SO IT WILL BE PART OF THIS, UM, IN THE SITE DEVELOPMENT STANDARDS.
WE HAVE A LINE THAT'S INCLUDED IN THERE, BUT JUST BASED ON THE TYPE OF DEVELOPMENT AS WE'LL SEE GOING FORWARD WITH, UM, THE RECAPTURE REQUIREMENTS THAT WE WILL BEGIN TO HAVE IN THE CITY OF BERNIE AS A RESULT OF THIS AMENDMENT, IT'LL KIND OF ALREADY BE CAPTURED WITHIN THAT.
SO THERE'S NOT VERY SPECIFIC REQUIREMENTS FOR A DATA CENTER SPECIFICALLY.
IN TERMS OF, UM, MAYBE SECONDARY TO WATER NOISE, UM, IS THERE LANGUAGE IN THE BUFFER AND LANDSCAPE REQUIREMENTS THAT SPECIFICALLY ADDRESSES NOISE?
[01:15:01]
NOT SPECIFICALLY NOISE.SO THAT IS SOMETHING THAT WE CAN INCLUDE IN THERE.
BUT I WILL SAY THAT PART OF THE REQUIREMENTS, FOR EXAMPLE, THE SCREENING OF THE EQUIPMENT TO MAKING SURE THAT IT'S ENCLOSED ALSO WITH THE INCLUSION OF THE BUFFERING REQUIREMENTS.
SO FOR EXAMPLE, IF I'M REMEMBERING CORRECTLY, IT'S A EIGHT FOOT MASONRY WALL AROUND THE PROPERTY WITH, UH, TREES THAT ARE LINING THAT BUFFER AND THEN A 20 FOOT OR 30 FOOT BUFFER, UM, FROM THOSE MASONRY WALLS.
SO THOSE ARE INCLUDED KIND OF TO ADDRESS THOSE.
THEY ARE, THEY WEREN'T NECESSARILY ARBITRARILY PUT IN THERE.
UM, BUT IF THERE'S A SPECIFIC REQUIREMENT FOR A NOISE, UM, HAPPY TO LOOK INTO THAT.
YEAH, I MEAN, I THINK IT'S SOMETHING WORTH EXPLORING.
'CAUSE I KNOW THAT I'VE READ RECENTLY AND IT'S, YOU KNOW, ANECDOTAL, BUT, UM, THERE'S, THERE ARE PROPERTIES THAT ARE NOW, I GUESS, UNSELLABLE BECAUSE OF THE NOISE THAT DATA CENTERS ARE GENERATING.
I THINK RESIDENTS ARE SITTING THERE JUST MEASURING THE DECIBELS AND IT'S JUST, IT'S CONSISTENT.
AND THAT'S ONE OF THE ADVANTAGES OF WHAT WE'RE PROPOSING IS IN OUR I TWO AND I THREE.
IT'S NOT ADJACENT TO ANY RESIDENTIAL.
WHERE, WHERE ARE THE, WHERE IS THAT ZONING? SO I TWO AND I THREE, THEY'RE REALLY JUST KIND OF LIKE IN THE NORTHERN NODE, I THINK WHERE LIKE TEXAS STAR NUT IS KIND OF THAT AREA WHERE THE, I THINK IT'S A-D-M-V-D-P-S OFFICE.
WAIT, BUT I, I LIVE LIKE HALF A BLOCK FROM THERE.
SO THAT, THAT'S, THAT'S ONE OF OUR INDUSTRIAL NODES.
WE HAVE SPENT A LOT OF TIME ON THE NOISE ORDINANCE.
UM, AND I WOULD ASSUME THAT THE NOISE ORDINANCE WOULD COME INTO PLAY, WHICH MEANS THAT THERE CAN'T BE ANY NOISE TRESPASSING, IF THAT'S THE RIGHT TERM.
I MAY HAVE JUST MADE THAT UP, BUT NOISE TRESPASSING WITHIN A CERTAIN DISTANCE OF THE, THE, UH, PROPERTY OWNER, BECAUSE MOST OF THAT INDUSTRY IN THAT AREA IS, IS PRETTY MUCH PRETTY NINE TO FIVE.
YOU DON'T REALLY HEAR A LOT AT NIGHT AND WEEKENDS.
AND I WILL SAY TOO, AS A RESULT OF IT BEING PERMITTED ONLY BY A SPECIAL USE PERMIT, WHEN A DATA CENTER, IF A DATA CENTER COMES TO THIS COMMISSION AND YOU HAVE THAT CONCERN AT THAT TIME, THAT'S DEFINITELY A REQUIREMENT THAT CAN BE INCLUDED AS PART OF THAT SPECIAL USE PERMIT.
I MEAN OBVIOUSLY THIS COMMISSION JUST NEEDS THE TOOLS TO ENFORCE SOMETHING.
YOU KNOW, THEY NEED THE LANGUAGE TO ENFORCE SOMETHING.
MR. WELL, DO DATA CENTERS PREFER CITY WATER AND ELECTRICITY OR INFRASTRUCTURE VERSUS COUNTY? AND ARE WE COORDINATING WITH THE COUNTY ON, I THINK THIS IS, THIS IS NOT A, AN ANSWER THAT I CAN GIVE YOU WITH A HUNDRED PERCENT CERTAINTY, BUT I WOULD GUESS THAT THEY'RE LOOKING FOR THE MOST RELIABLE KIND OF USE.
AND SO I WOULD SAY IN THIS AREA, PROBABLY THE CITY OF BERNIE'S, UH, CCN IS THE MOST RELIABLE SOURCE FOR WATER CAPACITY, I WOULD GUESS LOOKING TO MY PEERS, BUT I COULDN'T CONFIRM THAT WITH, ALONG WITH ELECTRICITY ACCURACY.
THE PRIMARY USE OF A DATA CENTER IS THE ELECTRICITY, LIKE NUMBER ONE AND ELECTRIC AND COOLING.
AND THEN WHATEVER THEY HAVE TO DO, DO TO COOL.
IT USUALLY IS ELECTRICITY AND WATER NOW.
AND SO A LOT OF TIMES THE NOISE IS CREATED FROM THE FANS, UM, THAT, THAT YOU HEAR OUT THERE.
SO THEY TRY TO ELIMINATE NOISE FROM PANS HOWEVER THEY CAN BY WATER COOLING, WHICH SHOULD BE A USE.
BUT LIKE YOU SAID EARLIER, A LOT OF TIMES THAT'S RECYCLED.
SO LIKE AN AIR CONDITIONING SYSTEM, IT'S, UH, WATER THAT GOES THROUGH GETS COOLED AND COMES BACK AND COOLS THE SYSTEMS DOWN.
SO, UM, JUST A, JUST A THOUGHT.
ANY OTHER THOUGHTS OR QUESTIONS? UM, IS THIS, ASSUMING THE GRANDFATHER, LIKE FOR VAPING SHOPS, ARE THEY GRANDFATHERED IN OR DO THEY HAVE TO, UM, COME UP TO CODE? YEAH, FOR THE EXISTING, UM, VAPE AND C BD RETAILERS THAT ARE ALREADY WITHIN THE CITY, THEY WOULD BE CONSIDERED GRANDFATHERED IN.
UM, ANY CHANGES, ANY CHANGES SUCH AS REMODELING TO ADD SQUARE FOOTAGE OR ANYTHING LIKE THAT WOULD TRIGGER THEM TO HAVE TO COME UP TO CURRENT CODE.
MAYBE WE NEED TO REVISIT THE SIGN ORDINANCE AND THE OVERLAY DISTRICT THEN
AND SO, AND JUST WITH THE DATA CENTERS WITH WILLIAM, UM, ANY NEW VAPOR CBD RETAILERS WILL, UM, HAVE TO GO THROUGH SUP AND WE WILL REQUIRE THEM TO HAVE THEIR SIGNAGE PLAN IN THERE, WHICH WILL BE BROUGHT BEFORE, UM, THE COMMISSION FOR APPROVAL AND, UM, RESTRICTION.
UH, AND SO THAT CONCLUDES THAT GROUP ONE DISCUSSION.
[01:20:01]
LET'S MOVE ON TO OUR ENVIRONMENTAL INSIGHT DESIGN AMENDMENTS.UM, WE'LL START WITH THE DARK SKY REGULATIONS UPDATES.
SO OUR ENVIRONMENTAL PROGRAM MANAGER RYAN BASS, COULDN'T, UH, PREPARE THIS AMENDMENT, BUT HE WASN'T ABLE TO BE HERE TONIGHT.
SO I'LL WALK YOU THROUGH THE PROPOSED CHANGES.
UM, APPENDIX D IS THE SECTION OF THE UDC THAT REGULATES OUTDOOR LIGHTING.
THE OVERALL GOAL IS TO MODERNIZE THE STANDARDS AND MAKE THEM EASIER TO USE AND ADMINISTER WHILE CONTINUING TO PROTECT BERNIE DARK SKIES.
WE NEED, UH, WE STILL NEED LIGHTING FOR SAFETY BUSINESSES, RECREATION AND DEVELOPMENT.
WE JUST WANT IT DESIGNED AND OPERATED RESPONSIBLY.
THE STARTING POINT FOR THIS UPDATE WAS THE DARK SKY INTERNATIONAL'S MODEL LIGHTING ORDINANCE, WHICH STAFF ADAPTED TO FIT BERNIE'S EXISTING REGULATIONS AND DEVELOPMENT PATTERNS.
THE ORDINANCE IS BUILT AROUND FIVE BASIC IDEAS, AS YOU SEE LISTED ON THE RIGHT HERE.
UM, LIGHTING SHOULD HAVE A PURPOSE WHEN DIRECTED.
UM, LIGHTING SHOULD HAVE A PURPOSE.
IT SHOULD BE DIRECTED ONLY WHERE IT'S NEEDED.
IT SHOULD BE NO BRIGHTER THAN NECESSARY AND OPERATE ONLY WHEN NEEDED AND USE A WARMER COLOR.
THOSE PRINCIPLES ARE REALLY THE FRAMEWORK FOR THE REST OF THE PROPOSED AMENDMENTS.
THE DRAFT ALSO PROVIDES A CLEAR DIRECTION FOR RESIDENTIAL AND NON-RESIDENTIAL PRO PROJECTS AND SIMPLIFIES WHAT MUST BE INCLUDED IN AN ILLUMINATION PLAN.
UH, THESE UPDATES ALSO SUPPORT OUR CITY'S DARK SKY, UM, GOALS TO BE RECOGNIZED AS AN INTERNATIONAL DARK SKY COMMUNITY.
SO A LOT OF THE STANDARDS, UH, FOR THE DARK SKY REGULATIONS, UH, P AND Z IS ALREADY FAMILIAR WITH, AND THEY ARE STAYING IN PLACE.
UPLIGHTING IS STILL GENERALLY PROHIBITED.
OFFSITE, LIGHT TRESPASS IS STILL REGULATED, AND ILLUMINATION PLANS WILL STILL BE REQUIRED.
THE DRAFT ALSO RETAINS POLE HEIGHT RESTRICTIONS, UH, AND THE GENERAL 2,700 TO 3000 KELVIN RANGE.
UH, THE LIMITS ON TOTAL LUMENS PER NET ACRE AND THE NIGHTTIME LIGHTING CURFEWS.
SO THIS IS NOT A COMPLETE CHANGE IN DIRECTION.
UH, THE GOAL IS JUST TO MAKE THEM MORE CLEAR AND EASIER TO APPLY.
UH, A LOT OF THE STANDARDS, OH, DID I SHOW YOU THE SAME THING? HERE WE GO.
SO THE DRAFT FILLS SEVERAL GAPS IN THE EXISTING REGULATIONS.
IT ADDS MORE SPECIFIC STANDARDS FOR OUTDOOR SALES AREAS, UH, ILLUMINATED SIGNS, RESIDENTIAL SPORTS LIGHTING, SEASONAL LIGHTING, LIGHT TRESPASS, AND TOTAL SITE LIGHTING.
FOR EXAMPLE, OUTDOOR SALES LIGHTING WOULD HAVE CLEAR STANDARDS FOR OPERATING HOURS, DIMMING AFTER CURFEW, UH, THEIR PROXIMITY TO RESIDENTIAL PROPERTY AND AUTOMATIC CONTROLS.
SPORTS LIGHTING WOULD ALSO HAVE CLEAR REQUIREMENTS FOR OPERATING HOURS, SHIELDING CONTAINMENT, AND ILLUMINATION PLANS.
ANOTHER IMPORTANT CHANGE IS THE USE OF THE A NSI AND ILLUMINATING ENGINEERING SOCIETY STANDARDS AS DESIGN GOALS.
THE INTENT IS NOT TO LIGHT EVERY SITE UP TO THE MAXIMUM ALLOWED.
IT IS TO PROVIDE THE LOWEST AMOUNT OF LIGHT REASONABLY NEEDED FOR THE ACTIVITY.
SO THE BIGGEST STRUCTURAL CHANGE IS THE REMOVAL OF THE CURRENT CLASS ONE, TWO, AND THREE LIGHTING CLASSIFICATIONS.
THOSE CATEGORIES HAVE NOT ALWAYS BEEN EASY TO APPLY.
SO THE DRAFT SHIFTS TO A MORE STRAIGHTFORWARD DISTINCTION BETWEEN RESIDENTIAL AND NON-RESIDENTIAL.
THE PROPOSED MAXIMUMS ARE 25,000 LUMENS PER NET ACRE FOR SINGLE FAMILY RESIDENTIAL, AND 100,000 LUMENS PER NET ACRE FOR NON-RESIDENTIAL PROPERTIES.
UH, AGAIN, THESE ARE CAPS, UH, THEY'RE NOT TARGETS.
THE DRAFT ALSO PROVIDES MEASURABLE LIGHT TRESPASS LIMITS.
COMMERCIAL LIGHTING NEXT TO RESIDENTIAL PROPERTY WOULD STILL BE LIMITED TO ZERO FOOT CANDLES AT THE PROPERTY LINE.
RESIDENTIAL TO RESIDENTIAL LIGHT TRESPASS WOULD BE LIMITED TO 0.3 FOOT CANDLES.
AND COMMERCIAL LIGHTING AT THE PUBLIC RIGHT OF WAY WOULD BE LIMITED TO 0.5 FOOT CANDLES.
THE MAIN, UM, AND THAT'S ALL I HAVE FOR DARK SKY REGULATIONS.
I'M GONNA HAND IT OFF NOW FOR RAINWATER HARVESTING TO FRANKIE GOOD EVENING COMMISSION.
UH, I'LL BE PRESENTING THE RAINWATER HARVESTING AS WELL AS THE CONDENSATE CAPTURE.
UM, YOU'LL SEE BETWEEN THE TWO, THEY'RE WRITTEN VERY SIMILARLY.
AND THE IDEA BEHIND THAT IT WAS, IS IT WOULD BE EASIER FOR APPLICANTS TO FOLLOW AS WELL AS FOR STAFF TO ENFORCE.
SO THE DIRECTIVE BACK AT THE JOINT SESSION WAS TO CREATE STANDARDS, ESSENTIALLY REQUIRING RAINWATER HARVESTING SYSTEMS FOR NEW CONSTRUCTION, SPECIFICALLY FOR NON-RESIDENTIAL.
[01:25:01]
AND TO DO SO IN SUCH A WAY TO INCLUDE EXEMPTIONS FOR THE HISTORIC DISTRICT OR IN SITUATIONS WHERE IT JUST MIGHT NOT MAKE SENSE.SO WITH THE DRAFT, UM, UH, RAINWATER HARVESTING WILL BE REQUIRED FOR ALL NEW NON-RESIDENTIAL DEVELOPMENTS.
AND IT MUST BE SIZED TO SUPPLY AT LEAST 50% OF THE DEVELOPMENT'S LANDSCAPE IRRIGATION DEMAND.
THE EXEMPTIONS WOULD BE IF THE BUILDING, UH, BUILDINGS WITH A TOTAL FOOTPRINT OF LESS THAN 1000 SQUARE FEET FOR INTERIOR REMODELS, TENANT FINISH OUTS THAT DON'T CHANGE THE BUILDING FOOTPRINT, ROOF AREA OR LANDSCAPE AREA ADDITIONS, RENOVATIONS THAT INCREASE THE GROSS FLOOR AREA BY LESS THAN 50%.
IRRIGATION SYSTEM EXPANSIONS OR REPLACEMENTS AFFECTING LESS THAN 25% OF THE SYSTEM'S LAND AREA AND HISTORIC DISTRICT DEVELOPMENTS WHERE THE PLANNING DIRECTOR DETERMINES REQUIRED, UM, CIS TANKS CATCHMENT INFRASTRUCTURE CAN'T BE CITED OR SCREENED CONSISTENT WITH HISTORIC PRESERVATION STANDARDS.
AND JUST TO EXPAND ON THAT LAST ONE, UH, THE HISTORIC DISTRICT IS THE, THE CLASSIC AREA.
WE KNOW DOWNTOWN MAIN STREET, BUT WE DO HAVE SOME GREEN FILL AREAS AS WELL.
SO THIS DRAFT ALSO INCLUDES ADMINISTRATIVE ADJUSTMENTS.
UM, THIS WOULD BE AN OPTION WHERE ROOF CONFIGURATIONS OR SITE SPECIFIC CONSTRAINTS MAKE STRICT COMPLIANCE IN FEASIBLE.
THE APPLICANT CAN REQUEST A MODIFIED SYSTEM AND IT WOULD REQUIRE A PROFESSIONAL ENGINEER OR A LANDSCAPE ARCHITECT'S ANALYSIS.
IT WOULD NOT PROVIDE FULL RELIEF FROM THE REQUIREMENT, UH, ONLY A MODIFICATION OF THE REQUIREMENT, AND IT WOULD BE APPROVED ADMINISTRATIVELY BY THE PLANNING DIRECTOR FOR CASES, UH, THAT DID NOT MEET, UH, THE ADMINISTRATIVE ADJUSTMENT.
INSTEAD, THEY COULD APPLY FOR A VARIANCE.
UH, WE ARE PROPOSING THAT THAT GETS REVIEWED AND DECIDED BY THE BOARD OF ADJUSTMENTS, AND THAT WOULD BE THE ONLY OPTION TO GET FULL RELIEF FROM THIS REQUIREMENT.
THIS ORDINANCE ALSO INCLUDES OTHER, UH, STANDARDS AND REQUIREMENTS SUCH AS MEETING EXISTING SCREENING REQUIREMENTS.
AND THAT SYSTEMS CAN BE STANDALONE OR THEY CAN INTEGRATE WITH OTHER ONSITE WATER REUSE SYSTEMS. FOR EXAMPLE, THE CONDENSATE COLLECTION SYSTEMS. THE DIRECTIVE, UM, FROM THE CONVERSATION, UH, UH, BACK IN MARCH WAS VERY SIMILAR FOR THIS AS, UH, THE RAINWATER CAPTURE TO REQUIRE IT FOR NEW COMMERCIAL DEVELOPMENTS, UH, IN A WAY THAT MAKES SENSE.
SO THIS ORDINANCE WOULD REQUIRE ALL NEW RESIDENTIAL DEVELOPMENTS TO INCORPORATE CONDENSATE COLLECTION FOR STRUCTURES.
UH, WELL, RATHER FOR SITES WITH STRUCTURES TOTALING LESS THAN 50,000 SQUARE FEET, THEY WOULD BE REQUIRED TO INTEGRATE IT INTO THE SITE'S AUTOMATIC IRRIGATION SYSTEM.
FOR SITES WITH OVER 50,000 SQUARE FEET, UH, THEY WOULD NEED TO INTEGRATE IT FIRST INTO THE AUTOMATIC IRRIGATION SYSTEM UNTIL THE TOTAL ONSITE REUSE REACHES 80% OF THE LANDSCAPE IRRIGATION DEMAND.
AND THEN ADDITIONAL CONDENSATE COULD SERVE, UH, OTHER NON-POTABLE USE, SUCH AS FLUSHING TOILETS OR COOLING.
UM, EXEMPTIONS FOR THIS WOULD BE NEW NON-RESIDENTIAL STRUCTURES WITH LESS THAN 10 TONS OF AC CAPACITY.
AND THIS WOULD BE CUMULATIVE ON THE PROPERTY.
SO, FOR EXAMPLE, IF THERE WERE THREE DIFFERENT BUILDINGS ON ONE PROPERTY, THEY WOULD ADD UP.
AND SO IF THE TOTAL, UH, AC ON THE SITE WAS OVER 10 TONS, THEY WOULD BE REQUIRED TO FOLLOW THIS.
IF THE TOTAL ON THE SITE WAS LESS, THEY WOULD NOT BE REQUIRED, THEY WOULD COULD MEET THIS EXEMPTION.
UM, UH, FINALLY, THE LAST EXEMPTION WOULD BE, UH, REPLACEMENTS OF EXISTING AC SYSTEMS. UH, AND THAT HAS TO DO WITH THE, THE DIFFICULTY OF DOING THIS ON AN EXISTING STRUCTURE.
UH, SIMILAR TO THE RAINWATER HARVESTING, WE'RE PROPOSING SOME ADMINISTRATIVE ADJUSTMENTS.
THIS WOULD BE AN OPTION WHERE SITE CONSTRAINTS MAKE A STRICT COMPLIANCE AND FEASIBLE, OR WHERE THE SITE CONNECTS TO THE CITY'S RECLAIM WATER SYSTEM.
APPLICANTS CAN REQUEST A MODIFIED SYSTEM.
IT WOULD REQUIRE A PROFESSIONAL ENGINEER, A RESPONSIBLE MASTER PLUMBER WITH A, UH, WATER SUPPLY PROTECTION SPECIALIST ENDORSEMENT AND OR A LANDSCAPE ARCHITECT'S ANALYSIS.
UH, THIS ALSO WOULD NOT, UH, PROVIDE FULL RELIEF RISK REQUIREMENT ONLY A MODIFICATION.
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ADMINISTRATIVELY, UH, BY THE PLANNING DIRECTOR FULL OR FULL RELIEF FROM THIS REQUIREMENT.IT WOULD NEED TO GO TO THE BOARD OF ADJUSTMENT FOR THAT CONSIDERATION.
THIS ORDINANCE ALSO, UH, HAS DIFFERENT STANDARDS AND REQUIREMENTS, UH, SUCH AS MEETING EXISTING SCREENING REQUIREMENTS.
AND THAT'S STATING THAT SYSTEMS CAN STAND ALONE OR INTEGRATE, UH, WITH OTHER ONSITE REUSE SYSTEMS. AND WE'LL MOVE ON TO THE NEXT ONE.
REGARDING XSCAPE, ARTIFICIAL TURF AND IMPERVIOUS COVER IN MARCH, STAFF DISCUSSED MODERNIZING THE CITY'S XSCAPE STANDARDS WHILE BETTER COORDINATING WATER CONSERVATION WITH DRAINAGE AND IMPERVIOUS COVER REQUIREMENTS.
THE KEY ISSUE IS NOT SIMPLY HOW THAT LANDSCAPE LOOKS, BUT HOW THE MATERIALS ARE INSTALLED AND WHETHER OR NOT, UM, THE SURFACE ALLOWS WATER TO INFILTRATE.
SO BASICALLY, THE DIFFERENCE BETWEEN PERVIOUS AND IMPERVIOUS COVER.
UM, THE DRAFT CONTINUES TO REQUIRE LIVING PLANT MATERIAL AS PART OF THE Z ESCAPEE, AND THEY CAN USE ROCK GRAVEL AND OTHER SIMILAR, SIMILAR MATERIALS TO SERVICE SUPPLEMENTAL COMPONENTS.
UM, IT DOES PROHIBIT IMPERMEABLE UNDERLAYMENT, UM, IN REQUIRED LANDSCAPE AREAS.
SO THAT MEANS FOR YOUR, IF YOU'RE PROPOSING TO DO Z ESCAPEE AND YOU PUT THAT ROCK OR GRAVEL OVER LIKE A COMPACTED OR FINISHED SURFACE THAT PREVENTS, UM, WATER FROM INFILTRATING THROUGH, THEN THAT DOESN'T QUALIFY AS A Z ESCAPEE, UH, LANDSCAPE.
SO ARTIFICIAL TURF WOULD BE CLASSIFIED BASED ON ITS INSTALLATION METHOD.
TURF INSTALLED OVER CONCRETE COMPACTED BASE PLASTIC LINER, OR ANOTHER IMPERMEABLE MATERIAL WOULD COUNT AS IMPERVIOUS COVER.
AN ENGINEERED PERMEABLE SYSTEM COULD BE TREATED AS PERVIOUS, UM, BUT THEY'D HAVE TO PROVIDE, UH, ADEQUATE DOCUMENTATION TO SUPPORT THAT.
THE DRAFT ALSO ALLOWS DRAINAGE REVIEW WHEN A LATER LANDSCAPE CONVERSION COULD INCREASE IMPERVIOUS COVER, UM, ALTER APPROVED DRAINAGE ASSUMPTIONS OR AFFECT STORM WATER FACILITIES.
UM, THIS CONNECTS BACK TO THE RAINWATER HARVESTING AND CONDENSATE REQUIREMENTS, WHICH ARE TIED TO LANDSCAPE IRRIGATION DEMAND.
UM, A WATER EFFICIENT ZEROSCAPE PLAN MAY REDUCE THE, THE DEMAND AND COULD BE CONSIDERED AS PART OF THE PROFESSIONAL ANALYSIS, SUPPORTING AN ADMINISTRATIVE ADJUSTMENT, UH, FOR THE, FOR THE CONCENT OR RAINWATER CAPTURE, UM, CAPABILITY CAPACITY.
UM, HOWEVER, IT WOULD NOT ELIMINATE THE REQUIREMENT THAT, UM, FRANKIE IS PROPOSING WITH, WITH THE UDC AMENDMENTS FOR GROWING WATER CAPTURING CON CONDENSATE.
THE WATERSHED PROTECTION AMENDMENT IS CLOSELY RELATED TO THE LANDSCAPING AND IMPERVIOUS COVER CHANGES AS WELL.
IN MARCH, STAFF IDENTIFIED THE NEED TO CLARIFY DRAINAGE AND LOW IMPACT DEVELOPMENT OR, UH, LID REQUIREMENTS, PARTICULARLY FOR REDEVELOPMENT AND BUILDING ADDITIONS IN CONSTRAINED AREAS SUCH AS OUR DOWNTOWN AREA.
UH, THE DRAFT CLARIFIES WHEN DRAINAGE PROTECTION ZONES, OR DPCS, LID AND IMPERVIOUS COVER REQUIREMENTS APPLY.
UH, IT COORDINATES WATERSHED REVIEW WITH PLATING AND SITE DEVELOPMENT PROCEDURES AND CORRECTS CONFLICTING TERMINOLOGY AND INTERNAL REFERENCES.
SO THE GOAL IS A CLEAR, MORE CONSISTENT ADMINISTRATION OF THIS, UH, REGULATION AND NOT REDUCED WATERSHED PROTECTION.
THAT CONCLUDES THE GROUP FOR ENVIRONMENTAL INSIGHT DESIGN STANDARDS.
SO IF YOU HAVE ANY QUESTIONS OR WOULD LIKE TO DISCUSS, UH, DARK SKY REGULATIONS, RAINWATER HARVESTING, AND THE REST OF THE GROUP, PLEASE FEEL FREE.
ONE OF THE QUESTIONS I WROTE DOWN IT STARTED WITH, WITH RAINWATER, BUT THEN, UM, APPLIES TO CONDENSATE CAPTURES THE, THE 50% LANDSCAPE REQUIREMENT.
IS, IS THAT A STANDARD DERIVED FROM SOMEWHERE? OR WHERE, WHERE DO WE COME UP WITH THAT NUMBER? AND THE REASON I ASK THAT, LIKE, I GUESS MY, MY FEELINGS HAVE CHANGED AS I LISTEN TO THE REQUIREMENTS.
IT'S LIKE, MAN, IF I'M CHOOSING BERNIE OR LEON SPRINGS AS A PLACE TO PUT A BUSINESS, I'M GONNA GO TO LEON SPRINGS.
'CAUSE THEY PROBABLY DON'T HAVE ALL OF THAT.
AND IT SEEMS LIKE A, A LOT, UM, OF REQUIREMENTS.
SO 50% OF THE SIZING, IS THAT YOUR QUESTION? UH, MUST BESIDES SUPPLY, YES.
50% OF THE DEVELOPMENTS LANDSCAPE IRRIGATION DEMAND.
UH, THE IDEA BEHIND THAT WAS TO ENSURE THAT WHEN THERE ARE RAIN EVENTS SINCE AROUND HERE, WE TYPICALLY DO HAVE LARGER RAIN EVENTS AT ONE TIME, AND THEN,
[01:35:01]
YOU KNOW, MAYBE A FIVE YEAR DROUGHT, UM, TO BE ABLE TO HAVE, UH, ENOUGH HOLDING TO SUSTAIN THE LANDSCAPING FOR A PERIOD OF TIME.UH, BUT THAT 50% SIZING COULD BE ADJUSTED ONE WAY OR THE OTHER.
THE IDEA AS WELL, WITH THE ADMINISTRATIVE EXCEPTION, UM, EXCUSE ME, ADJUSTMENTS, IS TO PROVIDE FLEXIBILITY TO THAT IF, FOR EXAMPLE, MAYBE THEY'RE PROVIDING MORE LID OR HIGHER, UH, CONDENSATE CAPTURE OR SOMETHING LIKE THAT.
QUESTIONS, THOUGHTS? I DO HAVE A QUESTION UNRELATED TO THIS, BUT SPECIFICALLY, HAS THERE BEEN ANY CONVERSATIONS ABOUT INCREASING THE RESIDENTIAL REIMBURSEMENT FOR RAIN CAPTURE? I THINK IT'S AT $150 RIGHT NOW, WHICH ISN'T REALLY ENOUGH TO COVER A REASONABLE BARREL.
IS THERE ANY CONVERSATION IN INCREASING THAT? I CAN, I CAN ANSWER THAT ONE FOR YOU.
THE, UH, PARTIALLY, 'CAUSE I DON'T REMEMBER NUMBERS OFF THE TOP OF MY HEAD, BUT, UH, ACTUALLY, UH, THE PROPOSAL HAS BEEN RE REVISED TO ALLOW A MAX PER SITE PER HOME.
AND THAT CAN BE USED FOR TURF REDUCTION THAT CAN BE USED FOR IRRIGATION, UH, ANALYSIS THAT CAN BE USED FOR RAINWATER TO CAPTURE WHATEVER THE CASE MAY BE.
SO IT MORE BECOMES, I THINK IT'S, I WANNA SAY 500 TOTAL, BUT I, YEAH.
AND IT CAN BE USED HOWEVER YOU YEAH.
SO THAT'S ALREADY BEEN DONE, OR IT'S IN THE WORKS? THAT'S BEEN DONE.
HOW ARE PEOPLE TO KNOW THAT, UH, IT WAS THROUGH THE COUNCIL.
SO THE COUNCIL, UH, DID THAT, UH, WHEN THEY, UH, EARLIER THIS SPRING, BUT HOW DO THE CITIZENS KNOW THAT THAT'S BEEN UPDATED? SO IT SHOULD BE ADVERTISED THROUGH OUR WEBSITE.
UH, THERE WERE SOME MOST SOCIAL MEDIA POST ABOUT IT, UH, AT THE TIME.
I BELIEVE IT WAS ALSO ON THE UTILITY BILL AS WELL AS IN, UM, ONE OF THE MAILERS.
I TOOK A PHOTO OF IT 'CAUSE IT REALLY CAUGHT MY ATTENTION.
SO, FRANKIE, ANOTHER QUESTION THAT THOSE LISTENING IN MIGHT BE ASKING THEMSELVES IS, UM, ONCE THESE CHANGES, OR IF THESE CHANGES ARE ADOPTED INTO THE UDC, AT WHAT STAGE OF IT WOULD A DEVELOPMENT BE REQUIRED? LET'S USE CRUNCH FITNESS AS AN EXAMPLE.
IF WE WERE TO ADOPT THESE CHANGES TO THE UDC NEXT MONTH MM-HMM
WOULD CRUNCH FITNESS BE REQUIRED TO, TO FOLLOW THESE UDC AMENDMENTS? SO FOR THESE AMENDMENTS, AS FOR ANY, WE CAN SET AN EFFECTIVE DATE, UH, AND, AND IN THIS CASE, SAY THE EFFECTIVE DATE, UM, THAT CITY COUNCIL PROVES WAS JANUARY 1ST, 2027.
ANYTHING, ANY APPLICATIONS THAT HAVE NOT BEEN PROCESSED HAVE NOT BEEN SUBMITTED AT THAT POINT.
ANYTHING NEW WOULD NEED TO FOLLOW THE RULES, UH, THAT, UH, AS ADOPTED.
BUT ANYTHING THAT WAS APPLIED FOR BEFORE THE EFFECTIVE DATE, UM, WOULD BE ALLOWED TO FOLLOW THEIR EXISTING RULES.
SO THE RULES DON'T CHANGE PARTWAY THROUGH THE PROCESS, MEANING A DEVELOPMENT PLA WOULD BE THE QUALIFYING TRIGGER OR WHAT? WELL, I DON'T THINK A DEVELOPMENT PLAT WOULD HAVE MUCH TO DO ABOUT RAINWATER HARVESTING OR CONDENSATE CAPTURE.
UM, THIS IS MORE OF THE BUILDING PERMIT COMPONENT.
IT'S, IT'S, SO, YEAH, THAT'S MY QUESTION IS LIKE WHEN, SO IF SOMEBODY CAME FORWARD TODAY OR YEAH, TODAY AND TODAY I WANNA TALK ABOUT A, A DEVELOPMENT AT THIS LOCATION MM-HMM
AND THERE WAS A DEVELOPMENT APPLICATION OR WHATEVER THAT TRIGGER.
WHAT, WHAT IS THE TRIGGERING PROCESS TO INDICATE THAT THEY'RE GRANDFATHERED THIS? UH, THERE'S A WHOLE LOT OF RULES ABOUT THAT, UM, FROM LOCAL GOVERNMENT CODE AS WELL AS IN OUR CITY ORDINANCES.
UM, WE COULD PROBABLY TALK FOR A COUPLE HOURS JUST ABOUT THAT.
UH, I THINK THIS CONVERSATION, UM, MIGHT BE A LITTLE MORE IMPACTFUL AFTER THE NEXT SECTION WHEN JEREMY MARIE'S GONNA TALK ABOUT CHANGES TO OUR DEVELOPMENT PROCESS AND PLANNING PROCESS.
ANY OTHER QUESTIONS BEFORE WE GO TO THAT PART? WE'RE GOOD.
UH, THAT BEING SAID, UM, IF ANYBODY DOES HAVE QUESTIONS BEFORE THE MEETING STARTED, I DID, UH, PROVIDE LIKE A WRITTEN, UH, TABLE ESSENTIALLY.
UH, WE'LL ALSO BE EMAILING THAT TO YOU, AND THAT'S HOW WE WOULD LIKE TO RECEIVE ANY COMMENTS.
SO AS YOU'RE GOING THROUGH HERE, MAKE SURE TO JOT IT OUT, ASKING FOR THE PAGE
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AND SECTION NUMBER, UM, YOUR ISSUE AND SUGGESTION.ANY OTHER COMMENTS, UM, THAT WAY WE HAVE A NICE TABLE THAT WE CAN SUPPLY.
THE FINAL GROUP OF PROPOSED AMENDMENTS ADDRESSES DEVELOPMENT REVIEW PROCEDURES.
THESE AMENDMENTS WORK TOGETHER TO ESTABLISH A CLEARER PATH FROM THE INITIAL APPLICATION THROUGH PLANNING, CONSTRUCTION, INFRASTRUCTURE, ACCEPTANCE, AND OCCUPANCY.
SO IN MARCH, STAFF PROPOSED, UH, EXPLORING A LIMITED PLAT EXEMPTION FOR QUALIFYING COMMERCIAL PROPERTIES DOWNTOWN.
THE EXEMPTION IS INTENDED FOR DEVELOPMENT OR REDEVELOPMENT ON AN EXISTING LEGAL LOT WHERE THERE IS NO SUBDIVISION ISSUE OR PUBLIC DEDICATION THAT NEEDS TO BE RESOLVED THROUGH PLAING, IT WOULD APPLY ONLY TO EXISTING COMMERCIAL PROPERTIES IN THE HISTORIC DISTRICT AND RIVER ROAD OVERLAY DISTRICT.
A QUALIFYING PROJECT COULD NOT INVOLVE A BOUNDARY CHANGE LOT COMBINATION REQUIRED PUBLIC DEDICATION, A NEW DRIVEWAY, CURB CUT OR MODIFICATION TO LEGAL VEHICULAR ACCESS, ALL INFRASTRUCTURE, DRAINAGE, FIRE ACCESS, UTILITY, HISTORIC AND DEVELOPMENT STANDARDS WOULD STILL APPLY THROUGH, UH, THE APPROPRIATE CITY PERMITS, FOR EXAMPLE.
UM, SO AN EXAMPLE OF A PROJECT THAT WOULD STILL BE REQUIRED TO PLA WOULD BE, UM, IF THERE'S A PROPERTY IN THE RIVER ROAD OVERLAY DISTRICT THAT HAS TWO LOTS, UM, THAT IT, THAT WANTS TO DIVIDE INTO TWO LOTS SO THAT THEY COULD SELL PART OF THE LOT OR DEVELOP THEM FOR TWO DIFFERENT THINGS, UM, THAT WOULD STILL, THAT WOULD CREATE A NEW PROPERTY BOUNDARY AND WOULD MOST LIKELY REQUIRE, UM, NEW ACCESS OR EASEMENTS OR OTHER, UM, UTILITY CONSIDERATIONS.
AND SO THAT WOULD REQUIRE STILL FORMAL, FORMAL PLANNING, BUT THE EXEMPTION SHOULD EASE SOME OF THE, UM, REQUIREMENTS THEY WANT.
WHEN, WHEN, WHEN, UM, AN EXISTING COMMERCIAL PROPERTY WANTS TO DO LIKE A REMODEL OR A EXPANSION OR SOMETHING LIKE THAT.
UM, THERE, UH, WE AREN'T PROPOSING AN ACREAGE OR EXPANSION THRESHOLD.
UH, THE PLANNING DIRECTOR COULD APPROVE THIS EXEMPTION ONLY AFTER DETERMINING THAT ALL ELIGIBLE FINDINGS, UM, ARE SATISFIED AND PLANNING IS NOT OTHERWISE REQUIRED.
MOVING ON TO GENERAL APPLICATION PROCEDURES, UM, SECTION TWO DASH ONE IN THE UDC ESTABLISHES THE PROCEDURAL FOUNDATION FOR THE OTHER DEVELOPMENT REVIEW AMENDMENTS.
THE DRAFT CREATES A GENERAL ORDER FOR RELATED DECISIONS, UM, LEGISLATIVE OR ZONING TYPE DECISIONS, QUASI-JUDICIAL, UH, DECISIONS SUCH AS SUBDIVISION VARIANCES AND ADMINISTRATIVE DECISIONS SUCH AS, UH, PLAT EXEMPTIONS.
UH, THE DRAFT ALSO CONSOLIDATES DECISION AUTHORITY INTO ONE TABLE AND CLARIFIES PRE-APPLICATION MEETINGS, SUBMITTALS FEES AND COMPLETENESS PROCEDURES.
AN APPLICATION WITH NO APPLICANT ACTION FOR 180 DAYS COULD BE CLOSED AS WITHDRAWN, ALTHOUGH AN EXTENSION COULD BE ALLOWED WHEN CONTINUED PROGRESS OR COMMUNICATION JUSTIFIES IT FOR PLANNING PROCEDURES.
FOR PLANNING PROCEDURES, WE WANT, WE, UM, BACK IN MARCH, STAFF PROPOSED MOVING THE SUBDIVISION LAYOUT REVIEW AHEAD OF DETAILED ENGINEERING.
UH, WE'RE ESTABLISHING, UH, WE ARE REESTABLISHING THE MASTER DEVELOPMENT PLAN OR MDP, UM, TO ESTABLISH THE OVERALL DEVELOPMENT FRAMEWORK WHILE THE PRE THE PRELIMINARY PLAT ESTABLISHES THE SUBDIVISION LAYOUT.
THE PRELIMINARY PLA AND THE MDP IS INTENDED TO PROVIDE P AND ZA PRINCIPAL OPPORTUNITY TO REVIEW THE LAYOUT BEFORE DETAILED ENGINEERING BEGINS.
SO FOR THE MDP FOR DEVELOPMENTS, UH, THE MDP, THE MASTER DEVELOPMENT PLAN WILL BE REQUIRED FOR DEVELOPMENTS WITH TWO OR MORE PHASES, TWO OR MORE LAND USES, OR MORE THAN 10 ACRES.
UM, THE AMENDMENTS ALSO ASSIGN MDPS PRELIMINARY PLATS, MAJOR DEVELOPMENT PLATS, MAJOR DEVIATIONS AND HEARING, UH, REQUIRED PLATS TO P AND Z.
IT ALSO ALLOWS ADMINISTRATIVE APPROVAL OF QUALIFYING RECORDED PLATS, RECORDING PLATS THAT SUBSTANTIALLY, UM, COMPLY WITH THEIR APPROVED PRELIMINARY PLAT.
IT ALSO ESTABLISHES DEVIATION, EXPIRATION, EXTENSION, REC, RECORDATION, AND VACATION PROCEDURES.
[01:45:01]
A LITTLE DIAGRAM.HERE'S OUR PROPOSED DEVELOPMENT PROCESS THAT WE ARE PROPOSING.
UM, SO THE CHANGES HERE, WE'RE GONNA TALK ABOUT THE PLATTING PROCESS, THE MASTER DEVELOPMENT PLAN, THE PRELIMINARY PLAT, AND SOME PLAT APPROVALS WILL GO TO P AND Z.
UM, RIGHT NOW YOU GUYS SEE IT AT STEP FIVE, WE'RE PROPOSING THAT YOU SEE IT CLOSER TO STEP TWO.
SO YOU HAVE A PRINCIPAL OPPORTUNITY TO REVIEW THE SUBDIVISION LAYOUTS BEFORE ANY DETAILED ENGINEERING BEGINS.
UM, SO THE PROCESS WILL GO FROM PRE-APPLICATION MEETING.
THEY'RE GONNA DO THEIR MASTER DEVELOPMENT PLAN, PRELIMINARY PLAT, THEIR INFRASTRUCTURE DOCUMENTS, LLC, AND THEN PLA PLAT APPROVAL AND ONTO THEIR, UH, PLAT RECORDATION.
NOW, FOR THE OTHER HALF OF THE PROCESS CONSTRUCTION AND POST-APPROVAL PROCEDURES, THE CONSTRUCTION AMENDMENTS COMPLETE THE PROPOSED DEVELOPMENT SEQUENCE IN MARCH.
THE DIRECTION WAS TO BETTER COORDINATE PUBLIC INFRASTRUCTURE, SITE WORK AND BUILDING CONSTRUCTION AND CLARIFY WHEN CONCURRENT REVIEW OR CONSTRUCTION MAY BE APPROPRIATE.
THE DRAFT DISTINGUISHES TECHNICAL APPROVAL FROM AUTHORIZATION TO CONSTRUCT, UH, THE OCS CONFIRM THE INFRASTRUCTURE DOCUMENTS, MEET THE TECHNICAL REQUIREMENTS, AND THE APPLICABLE, APPLICABLE CONSTRUCTION PERMIT AUTHORIZES THE WORK.
IT ALSO COORDINATES RECORDATION FINANCIAL GUARANTEES, PRE-CONSTRUCTION REQUIREMENTS, BUILDING PERMIT, PREREQUISITES, INFRASTRUCTURE ACCEPTANCE, AND OCCUPANCY.
SO BACK TO THIS, THE CONSTRUCTION PROCESS.
UM, NOW WE FOCUS FROM PLANNING TO CONSTRUCTION AND OCCUPANCY AFTER THE TECHNICAL DOCUMENTS AND APPLICABLE PLAT REQUIREMENTS ARE SATISFIED, WORK PROCEEDS THROUGH TO THE CONSTRUCTION RELEASE PERMIT, SITE DEVELOPMENT, AND BUILDING PERMITS.
THE DRAFT CLARIFIES THE PREREQUISITES FOR EACH PERMIT, AND WHEN LIMITED CONCURRENT ACTIVITY MAY OCCUR, PUBLIC IMPROVEMENTS MUST BE COMPLETED, INSPECTED, ACCEPTED, AND PLACED UNDER THE APPLICABLE MAINTENANCE REQUIREMENTS.
FINALLY, THE CI, THE CERTIFICATE OF OCCUPANCY MARKS THE FINAL STEP AND MAY BE ISSUED ONLY AFTER THE REQUIRED INFRASTRUCTURE SITE.
AND BUILDING CONDITIONS ARE SATISFIED.
THE AMENDMENT THEREFORE CREATES CLEAR CHECKPOINTS BETWEEN TECHNICAL APPROVAL, CONSTRUCTION AUTHORIZATION, INFRASTRUCTURE ACCEPTANCE AND OCCUPANCY.
THOSE ARE OUR PROPOSED DEVELOPMENT REVIEW PROCEDURES.
AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ONE QUESTION I DO HAVE YES, SIR.
ON THE, ON THE ADMINISTRATIVE PLAT APPROVAL.
WHAT, WHAT ARE WE TRYING TO ACCOMPLISH BY CHANGING THAT PROCEDURE THERE? AS, AS WE TALKED ABOUT, THERE ISN'T ANY CHANGES TO THE, UH, TO THAT PROCEDURE.
SO, UH, YOU WILL SEE ALL OF THE PLA THAT YOU SEE TODAY.
YOU'LL SEE THEM AT THE PRELIMINARY STAGE WHERE THE INPUT IS PROVIDED.
THE, THE, UH, MINOR SUBDIVISIONS THAT YOU DON'T SEE, YOU CONTINUE NOT TO SEE.
AND THEN MASTER DEVELOPMENT PLANS SMALLER THAN 10 ACRES, THAT WOULD, THOSE WOULD BE APPROVED ADMINISTRATIVELY, BUT THEY'RE NOT TODAY.
SO, UH, IT'S A NEW CONCEPT FOR THIS.
WE HAVE A THING CALLED MASTER DEVELOPMENT PLAN, WHICH IS A LITTLE BIT DIFFERENT.
UH, THE IDEA BEHIND THIS IS THAT IF YOU HAVE A PROJECT LIKE REGION PARK OR, OR, UH, RANCHES OF CREEKSIDE OR SPENCER RANCH OR THINGS LIKE THAT, THAT YOU WOULD SEE A MASTER DEVELOPMENT PLAN UP FRONT AND BE ABLE TO LOOK AT IT HOLISTICALLY RATHER THAN, UM, UH, JUST, JUST THE, THE SUBDIVISION PLAN AS IT CAME IN.
SO ANY FUTURE PLANNING DIRECTOR, AND THIS ISN'T AT YOU, BUT WHO DOESN'T LIVE IN BERNIE OR HAS JUST MOVED TO BERNIE THREE MONTHS AGO, COULD APPROVE AT THEIR DISCRETION OF MASTER DEVELOPMENT PLAN THAT IS LESS THAN 10 ACRES.
AND PHASING TOO, RIGHT? IF I REMEMBER CORRECTLY, YES.
WELL, I, THAT'S WHY WE'RE HERE TONIGHT, YOU GUYS, TO MAKE YOUR RECOMMENDATION AND, AND WHAT THAT NUMBER IS.
UM, IT'S, YOU KNOW, HALF ACRE LOTTS, IT'S 20 LOTS.
SO IT, BUT YEAH, IT'S NOT ALWAYS ABOUT THE SIZE.
IT COULD BE ABOUT THE DEVELOPER.
UM, I COULD PROBABLY NAME A FEW HANDFUL OF DEVELOPERS THAT WE WOULD WANT TO, YOU KNOW, IT, IT COULD BE ONE ACRE OR THERE WOULDN'T BE A COMFORT LEVEL BASED ON SOME OF THE DETAIL AND HISTORY.
[01:50:01]
SO I THINK THAT, RIGHT.SO REMEMBER, WE, ALTHOUGH WE WANT TO, UH, REGULATING A DEVELOPMENT BASED ON THE DEVELOPER, WE ONLY CAN REGULATE BASED ON WHAT'S IN THE UDC.
SO THAT'S, THAT'S WHERE OUR FOCUS IS.
UH, MR. GATES, JUST FOR, I I JUST WANNA MAKE SURE I'M UNDERSTANDING THIS.
WE HAD, AS AN EXAMPLE, THERE WAS A, A SIX PLUS ACRE TRACT ON OLD, OR ON, UH, SAN ANTONIO THAT I THINK THE CONSERVATORY ENDED UP OWNERSHIP WITH, BUT IT CAME BEFORE US WITH STAFF RECOMMENDED APPROVAL FOR A 96 UNIT, UH, APARTMENT.
APARTMENT AND, AND JUST, THAT JUST WASN'T THE PLACE FOR ANOTHER, UH, APARTMENT COMPLEX.
THIS IS DIFFERENT UNDER DIFFERENT, THAT COULD BE ADMINISTRATIVELY APPROVED.
SO WHAT YOU SAW WAS 96, WHICH WOULD'VE REQUIRED AN SUP, ASSUMING IT'S STILL ALLOWED IN THAT DISTRICT.
WHICH WOULD'VE REQUIRED THE SUP.
SO NO, YOU WOULDN'T HAVE, THIS IS DIFFERENT.
THIS IS BASICALLY SINGLE FAMILY RESIDENTIAL.
COULD THAT, UH, COULD THAT BE A STIPULATION THAT, UH, ANY MULTIFAMILY HAS GOT TO COME BEFORE PNZ? UH, ALREADY? IT IS ALREADY, I THINK ALL MULTIFAMILIES.
SO I REMEMBER CORRECTLY THAT, THAT'S, THAT'S MY PRIMARY THING.
I WANNA MAKE SURE THAT GETS A GOOD LOOK.
SO ON THE SLIDE THAT WE'RE LOOKING AT RIGHT NOW, THIS SAYS THAT A DEVELOPER WOULD COME TO PNZ THREE TIMES.
WHAT IS THE CURRENT PROCESS? SO, GO AHEAD.
UH, CURRENTLY IF THE PROJECT IS VESTED, SUCH AS AN ESPERANZA, THEY WOULD COME WITH THEIR PRELIMINARY PLAT AND THEN FOR THEIR FINAL PLAT APPROVAL.
AT THAT POINT, ALL OF THEIR ENGINEERING HAS ALREADY BEEN DONE.
AND IT'S PRETTY MUCH CURRENTLY TWICE ADMINISTRATIVE.
AND THAT, THAT'LL BE THREE NEWER ONES ONLY ONCE FOR CERTAIN PLANTS.
AND SO NOW TWO, POTENTIALLY THREE DEPENDING ON THE PLA TYPE.
SORRY, CORRECT ME IF I'M WRONG.
DO MAJOR MASTER DEVELOPMENT PLANS COME TO P AND Z TODAY? MAJOR MAS, MAJOR MASTER DEVELOPMENT PLANS? YES.
I HAVEN'T SEEN ONE YET, SO, BUT YES.
ANY OTHER THOUGHTS OR QUESTIONS? I'M WITH YOU ON, I THINK THEY ALL NEED TO COME HERE.
AND, AND, AND THIS IS, I THINK ALL OF YOU ARE DOING A GREAT JOB.
THIS, SO THIS IS, THIS IS NOT A PERSONAL STATEMENT BY ANY MEANS, BUT I THINK WHAT WE'VE EXPERIENCED AT CITY HALL WITH STAFF OVER THE LAST COUPLE OF YEARS AS A PRIME EXAMPLE, THE MAJORITY OF THE PLANNING DEPARTMENT A YEAR AGO WAS ALL VERY NEW TO BERNIE.
SO YOUR, YOUR HISTORY IS LIMITED REGARDLESS IF IT'S, UM, A DEVELOPER THAT WE WOULD LIKE OR NOT LIKE.
THERE'S A LOT OF HISTORY AND A LOT OF KNOWLEDGE AND A LOT OF BACKGROUND AND A LOT OF RESEARCH AND A LOT OF TIME THAT HAS GONE INTO THESE COMMISSIONS.
AND I'M FEARFUL THAT IF THERE WAS ANOTHER BIG TURNOVER EVENT OR IN THE SAME SHOES, AGAIN, I THINK THERE'S A LOT OF VALUE IN MORE, MORE BRAINS TOGETHER WITH HISTORY AND KNOWLEDGE.
THIS, THIS BODY ALSO, UM, CREATES TRANSPARENCY, RIGHT? I THINK SOME OF THE CONCERNS WITH, UM, WITH BUCKY'S WAS THEY FELT EVERYBODY, AND I THINK IT WAS MORE PERCEPTION THAN REALITY, BUT EVERYBODY FELT IT WAS ALL BACKROOM DEALS.
THERE ARE NO BACKROOM DEALS HERE 'CAUSE IT'S ALL RECORDED AND TELEVISED.
SO I THINK THAT IS A, UM, ACTUALLY I THINK THAT THAT HELPS THE STAFF ALLEVIATES THE STAFF FROM BEING, YOU KNOW, ACCUSED OF ABSOLUTELY.
IT'S 'CAUSE WE ALL GET PAID A LOT OF MONEY.
YOU'LL JUST TO MAKE, JUST BE PREPARED NEXT TIME TO, THAT'S WHY WE HAVE THAT SHEET.
AS PART OF YOUR RECOMMENDATION, YOU WOULD SAY, UH, SECTION BLOOD TWO, WHATEVER WE RECOMMEND X AND WE'LL TAKE THAT TO CITY COUNCIL.
I LONG ALMOST GOT THE FIRST PAGE FILLED.
SO NEED A COUPLE MORE? ANY OTHER ITEMS? NO, THERE'S, THAT'S IT.
ANY OTHER QUESTIONS ON PROPOSED
[01:55:01]
DEVELOPMENT REVIEW? NO QUESTIONS.WE'LL MOVE ON TO P AND Z REVIEW PROCESS AND NEXT STEPS.
SO TONIGHT BEGINS P AND Z'S REVIEW OF THE DRAFT AMENDMENTS.
COMMISSIONERS MAY PROVIDE ADDITIONAL COMMENTS TONIGHT AND SUBMIT ADDITIONAL COMMENTS TO STAFF BY AUGUST 14TH.
UH, STAFF WILL COMPILE THE FEEDBACK AND REVISE THE DRAFTS.
THE REVISED AMENDMENTS WILL THEN PROCEED THROUGH FORMAL PUBLIC HEARINGS.
UH, P AND Z WILL MAKE A RECOMMENDATION AND CITY COUNCIL WILL CONSIDER, UH, FOR FINAL ADOPTION.
AND SO TONIGHT'S WERE, UH, OUR PRIORITY ONE AMENDMENTS FOR THE UDC UPDATE.
WE'RE ANTICIPATING BEGINNING, UH, PRIORITY TWO THIS FALL.
THESE TOPICS WILL RETURN TO PNZ SEPARATELY AS THE DRAFTS ARE DEVELOPED.
SO MORE TO COME, STUFF TO LOOK FORWARD TO.
THANK YOU GUYS SO MUCH FOR YOUR TIME.
IF YOU HAVE ANY OTHER THOUGHTS, I'D BE HAPPY TO.
YEAH, I KNOW THERE'S A LOT OF WORK THAT GOES INTO THIS AND I THINK YOU ALL DID A GREAT JOB, SO I DON'T WANT OUR IMMEDIATE FEEDBACK YEAH.
RECOGNIZE OR WE RECOGNIZE THE WORK THAT GOES INTO IT.
I WANNA CIRCLE BACK TO COMMISSIONER VICE'S COMMENT EARLIER ON WITH THE TOPIC OF, UM, THE VARIANCE.
SINCE WE'RE LOOKING AT ADDITIONAL AMENDMENTS IN THE FALL, ARE THERE OTHER PARCELS, AND MAYBE WE DON'T KNOW YET UNTIL THEY COME UP, BUT IT SEEMS LIKE HE HAD A REALLY, REALLY REASONABLE, VERY MINOR WORD CHANGE TO THE UDC THAT SAYS THAT IF THEY DO HAVE ACCESS RIGHT AWAY, UH, UH, RIGHT AWAY OR ACCESS, HOW CAN THAT BE CHANGED? AND IT SEEMS LIKE A VERY MINOR THING THAT WOULD REALLY SOLVE A LOT OF PROBLEMS. IS THAT SOMETHING TO CONSIDER FOR THE NEXT, THAT THAT IS SOMETHING YOU CONSIDER AND, AND, UH, MAKE A RECOMMENDATION TO COUNSEL TO ADDRESS THAT? THERE YOU GO.
[7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place]
AGENDA ITEM SEVEN, COMMENTS FROM COMMISSION LEGAL COUNSEL AND STAFF DIRECTOR CRANE.UH, JUST A REMINDER OF THE A PA CONFERENCE.
IT'S ACTUALLY AN IRVING, UH, ON OCTOBER 14TH THROUGH 16TH.
UH, ALSO, UH, COMPLETING YOUR ETHICS AND CYBER TRAINING, UH, IS IMPORTANT.
UH, IF YOU, IF WE DON'T COMPLETE THE CYBER TRAINING, UH, THEN WE WON'T HAVE, BE ABLE TO VOTE, ACCESS TO EMAIL, ALL THAT KIND OF FUN STUFF.
SO IF YOU COULD DO THAT, IT WOULD BE MUCH APPRECIATED.
LASTLY, I THINK WE OWE SOME CONGRATULATIONS TO MR. MCCAMEY.
I SAW IN MY WEEKLY BRIEFING ON FRIDAY THAT HE WAS NAMED A 2026 OUTSTANDING GOVERNMENT LAWYER BY THE STATE BAR.
SO WE WANT TO CONGRATULATE THAT ON THAT.
CONGRATULATE ME, HONOR ANYTHING YOU'D LIKE TO SAY.
IT IS SEVEN FIFTY EIGHT AND I'LL CALL THIS MEETING ADJOURNED.