* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. RIGHT. [00:00:02] OKAY. TODAY IS MONDAY, SEPTEMBER 14TH, 2026. [1. CALL TO ORDER – 6:00 PM] IT IS 6:00 PM AND I'LL CALL THIS REGULARLY PLANNED PLANNING AND ZONING MEETING TO ORDER AS WE ALWAYS DO. WE'LL START, UM, WITH THE PLEDGES OF ALLEGIANCE. I PLEDGE ALLEGIANCE UNITED STATES OF AMERICA, WHICH STANDS ONE NATION UNDER GOD, ONE LIBERTY AND JUSTICE FOR ALL HONOR TEXAS FLAG ALLEGED ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE IN INDIVISIBLE. IF YOU'LL JOIN ME FOR ONE MOMENT OF SILENCE, PLEASE. THANK YOU. OKAY, MOVING FORWARD ON [2. CONFLICTS OF INTEREST] THE AGENDA. ANY CONFLICTS OF INTEREST THIS EVENING AMONGST COMMISSIONERS? OKAY, THANK YOU. NOW, UH, MOVING [2026-399 SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY (REZONING PROCEDURES)] DOWN TO ITEM 20 26 3 9 9, UM, SECTION 5 5 1 0 7 1. WE ARE GOING INTO, UH, EXECUTIVE SESSION WITH A CITY ATTORNEY ON CONSULTATION ON REZONING PROCEDURES. SO I WILL CALL US INTO EXECUTIVE SESSION AT 6 0 2 AND WE WILL RECONVENE AS SOON AS WE WRAP THAT UP. THANK YOU. OKAY. IT IS SIX FIFTY SEVEN AND [3. RECONVENE INTO OPEN SESSION: Commission will take any necessary action relating to the Executive Session as described above] I'LL CALL THIS PLANNING AND ZONING MEETING BACK INTO, UH, SESSION MOVING FORWARD. UM, WE HAVE A LIST OF PUBLIC SPEAKERS SIGNED UP THERE. IT'S, THANK YOU. ALRIGHT, [4. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the Planning and Zoning Commission on any issue. The Planning and Zoning Commission may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169)] WE'VE GOT A GOOD LIST OF PUBLIC SPEAKERS SIGNED UP. IT LOOKS LIKE, UH, THE FIRST PERSON FOR PUBLIC SPEAKING IS CALVIN SCHWARTZ. MR. SCHWARTZ, WOULD YOU LIKE TO COME DOWN AND STATE YOUR NAME AND ADDRESS FOR THE RECORD? GOOD EVENING. GOOD EVENING. THANK YOU FOR YOUR PATIENCE. THANK YOU ALL. MY NAME IS CALVIN SWARTZ. I RE I HAVE A PROPERTY AT 1 69 HAMPTON COVE. THANK YOU CHAIR MEMBERS OF THE COMMISSION. I'M CALVIN SWARTZ, MY WIFE KATHY, AND I OWN A PROPERTY IN THE HAMPTONS. SHE IS A REALTOR. I AM A PROJECT MANAGER. WE BOTH SUPPORT DEVELOPMENT THAT IS PROPERLY PLANNED, ADEQUATELY FUNDED, AND RESPONSIBLY DELIVERED. I OPPOSE THIS PROPOSAL AS PRESENTED BECAUSE IT ASKED CURRENT HAMPTON STAKEHOLDERS TO ABSORB THE DISRUPTION, THE RISK, AND THE POTENTIAL LOSSES REQUIRED TO MAKE THE ADJACENT PROJECT VIABLE. START WITH THE ACCESS. WHY IS THE WESTERN ACCESS FROM THE FRONTAGE ROADSIDE NOT BEEN SECURED? AT THE LAST MEETING WE WERE TOLD THE LANDOWNERS IN KOREA WERE AN OBSTACLE. DID THE DEVELOPER MEET WITH THEM? WHAT REMAINS UNRESOLVED? IS THE WESTERN ACCESS UNWORKABLE OR HAS AN ACCEPTABLE COMMERCIAL AGREEMENT SIMPLY NOT BEEN REACHED? NEXT IS TRAFFIC. THE CITY'S PACKET SAYS THE TRAFFIC ASSESSMENT ASSUMES ALL DEVELOPMENT TRIPS ENTER FROM JOHNS ROAD. THERE IS NO ANALYSIS OF TRAFFIC ENTERING FROM THE EAST HAMPTONS RUN. YET THIS PROPOSAL WOULD OPEN UP OUR NEIGHBORHOOD TO TRAFFIC WHOSE IMPACTS HAVE NEVER BEEN EVALUATED. THAT RAISES THE CENTRAL QUESTION, DOES THE HAMPTON ACCESS ROUTE ACTUALLY COST LESS OR DOES IT APPEAR CHEAPER BECAUSE THE RESIDENTS WOULD BEAR THE COST SUBMITTED FROM THE PROJECT BUDGET? REGULATORY APPROVAL IS NOT A SOCIAL LICENSE TO OPERATE. COMMUNITY TRUST REQUIRES A FUNDED PLAN FOR PUBLIC SAFETY CONTRACTOR ORIENTATION AND MANAGEMENT. AND A COMMITMENT THAT DAMAGE FROM CONSTRUCTION TRAFFIC WILL BE REPAIRED AT THE PROJECT'S EXPENSE, NOT LEFT FOR THE COMMUNITY TO FUND OR MANAGE. SO I AM ASKING FOR A FULL ACCOUNTING OF THE PROJECT BUDGET FOR TRAFFIC CONTROL INFRASTRUCTURE REPAIRS, DAMAGE CLAIMS, MEANINGFUL INCONVENIENCE PAYMENTS, COMPENSATION FOR PROPERTY VALUE LOSSES, AND DISPUTE RESOLUTION RESIDENTS NEED CLEAR ACCOUNTABILITY, WHO SPECIFICALLY WE WILL ENGAGE WHEN ISSUES ARISE AND WHAT THE PROCESS IS THAT ENSURES TIMELY AND FAIR RESOLUTION. AND THIS FUNDING MUST BE SECURED EVEN IF CONSTRUCTION IS DELAYED. THE PROJECT CHANGES HANDS OR THE DEVELOPMENT, UH, DEFAULTS. UH, PLEASE RECOMMEND AGAINST THIS PROPOSAL AS PRESENTED OR DEFER UNTIL THE WESTERN ACCESS QUESTION AND A FUNDED COMMUNITY IMPACT PLAN ARE BEFORE YOU FOR MEANINGFUL REVIEW. PLEASE INCLUDE OUR EXPANDED WRITTEN COMMITMENTS IN THE RECORD. THE HAMPTONS MUST NOT BECOME AN UNACKNOWLEDGED SUBSIDY FOR THE NEXT DEVELOPMENT. THANK [00:05:01] YOU. THANK YOU. MR. SCHWARTZ. IS THERE SOMEWHERE TO SUBMIT WRITTEN, UM, INFORMATION? MS. RAINS, WOULD YOU LIKE THAT? HAND IT OVER TO YOU. IS THAT OKAY? THANK YOU. THANK YOU. THANK YOU. MOVING FORWARD. UH, LUKE PALMER, PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS. LUKE PALMER. 1 44 HAMPTON WAY. MAY I BEGIN? YOU MAY. GOOD EVENING. MY NAME IS LUKE PALMER AND I'M A RESIDENT OF THIS NEIGHBORHOOD. AND I WANT TO BEGIN BY SAYING THAT I RESPECT PEOPLE SITTING ON THIS BOARD. I UNDERSTAND THAT GROWTH AND DEVELOPMENT ARE A PART OF A GROWING COMMUNITY LIKE BERNIE. I'M NOT HERE TO OPPOSE DEVELOPMENT SOME PEOPLE 'CAUSE I DON'T LIKE CHANGE. I'M HERE BECAUSE I BELIEVE THERE'S A DIFFERENCE BETWEEN DEVELOPMENT THAT BENEFIT BENEFITS A COMMUNITY AND A DEVELOPMENT THAT PLACES AN UNNECESSARY BURDEN ON THE PEOPLE WHO ALREADY CALLED THE COMMUNITY HOME. MY FAMILY LIVES HERE. MY PARENTS PARK IN OUR DRIVEWAY AND I PARK IN THE CUL-DE-SAC BESIDE OUR HOME. UNDER THE PRO, UNDER THE PROPOSAL THAT WAS DISCUSSED THAT PARKING WOULD BE AFFECTED, ADDITIONAL TRAFFIC WOULD BE BROUGHT THROUGH OUR NEIGHBORHOOD AND ACCESS POINT WOULD BE PLACED DIRECTLY IN FRONT OF OUR HOME. I ALSO WANNA POINT OUT THE CURRENT CONDITIONS OF HAMPTON WAY. OUR NEIGHBORHOOD IS ALREADY VERY TIGHT. CARS ARE FREQUENTLY PARKED ALONG THE STREETS AND THERE ARE TIMES WHEN VEHICLES HAVE TO MANEUVER CAREFULLY AROUND ONE ANOTHER. THERE'S ALSO SAFETY AND CONCERN THAT I BELIEVE DESERVES SERIOUS CONSIDERATION. THE CHILDREN WHO LIVE IN THIS NEIGHBORHOOD, THERE ARE REGULARLY CHILDREN OUTSIDE PLAYING, RIDING SCOOTERS AND GOING IN AND OUT OF THE STREETS AS A RESIDENT, THAT IS SOMETHING I SEE FIRSTHAND THAT POSTED SPEED LIMIT IS 25 MILES PER HOUR. I PERSONALLY BELIEVE THAT IT'S ALREADY FAST FOR A NEIGHBORHOOD WITH NARROW STREETS PARKED VEHICLES AND CHILDREN OFTEN PLAYING IN THE ROADWAY. AND IF THIS ACCESS POINT IS OPEN, WE SIMPLY DON'T KNOW HOW EVERY FUTURE DRIVER, DRIVER WILL USE IT. WE CAN'T ASSUME, WE CAN'T ASSUME THAT EVERY PERSON COMING THROUGH THE NEW DEVELOPMENT WILL BE FAMILIAR WITH HAMPTON UN, UH, UNDERSTAND HOW NARROW IT IS OR DRIVE AS CAUTIOUSLY AS THE EXISTING RESIDENTS DO. THAT DOESN'T MEAN I'M SAYING FUTURE RESIDENTS WILL DRIVE RECKLESSLY. I'M SAYING THAT WE NEED THAT. WHEN YOU ADD TRAFFIC TO A NARROW NEIGHBORHOOD WHERE CHILDREN ARE OFTEN PRESENT, WE SHOULD CONSIDER THAT SAFETY RISK BEFORE THE ADDITIONAL TRAFFIC IS CREATED, NOT AFTER SOMETHING HAPPENS. AND THESE AREN'T CONCERNS THAT I'M BRINGING UP FOR THE FIRST TIME. TONIGHT AT THE APRIL 7TH, 2025 PLANNING AND ZONING COMMISSION MEETING, THE COMMISSION DISCUSSED THE PROPOSED DEVELOPMENT AS 7 2 7 A JOHNS ROAD. AT THE POTENTIAL CONNECTION THROUGH HAMPTON WAY, COMMISSIONER LUCAS HYLER SPECIFICALLY IDENTIFIED THE HAMPTON WAY INGRESS AND EGRESS AS A MAJOR CONCERN. HE EXPLAINED THAT HE HAD DRIVEN THROUGH HAMPTON WAY HIMSELF AND RAISED CONCERNS ABOUT HOW NARROW THE STREET IS AND THE CARS PARKED ALONG IT. THE PROJECT'S ENGINEER DANIEL WETZEL ALSO ACKNOWLEDGED DURING THAT DISCUSSION THAT ROOTING ADDITIONAL TRAFFIC THROUGH HAMPTON WAY WAS ONE OF THE PROJECT'S MAJOR CONCERNS AND AGREED THAT HAMPTON WAY IS A NARROW STREET. THEN AT THE JUNE 2ND, 2025, PLANNING A ZONING COMMISSION MEETING RESIDENTS AGAIN RAISED CONCERNS ABOUT CONGESTION, NARROW STREETS, ADDITIONAL TRAFFIC, AND THE SAFETY OF CHILDREN IN THE NEIGHBORHOOD. MOST IMPORTANTLY, THE CITY'S OFFICIAL MINUTES STATED THAT OVERALL THE COMMISSION STILL HAD CONCERNS WITH THE PROPOSED ACCESS POINT TO THE HAMPTON SUBDIVISION AND SHARED CONCERNS THAT ARE BROUGHT UP BY THE COMMUNITY. SO THESE AREN'T CONCERNS THAT I'M CREATING TONIGHT. THEY'VE ALREADY BEEN RAISED BY RESIDENTS DISCUSSED BY THE COMMISSION AND ACKNOWLEDGED DURING THE PREVIOUS CONSIDERATION OF THIS DEVELOPMENT. THAT IS WHY I BELIEVE THE QUESTION SHOULDN'T SIMPLY BE CAN WE PUT AN ACCESS POINT HERE? I BELIEVE THE QUESTION SHOULD BE IS THIS THE RIGHT PLACE TO PUT THAT ACCESS POINT? THANK YOU. THANK YOU MR. PALMER. I APPRECIATE IT AND I DUNNO HOW MUCH EXPERIENCE YOU HAVE IN PUBLIC SPEAKING, BUT YOU DID A GREAT JOB TONIGHT. THANK YOU. THANK YOU. JENNIFER FIELDS, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. SURE. HELLO, MY NAME'S JENNIFER FIELDS AND I LIVE AT ONE 20 HAMPTON RUN EAST. UM, I TOO WAS AT THE LAST MEETING WHERE A LOT OF THINGS WERE DISCUSSED. SAFETY CONCERNS, OUR CHILDREN, WHERE OUR CHILDREN PLAY. UM, AS YOU ALL ARE AWARE, OUR HOMES ARE VERY SMALL LOTS. WE DON'T HAVE FRONT YARDS. A LOT OF [00:10:01] US, WE DON'T HAVE VERY BIG BACKYARDS EITHER. SO A LOT OF THE CHILDREN IN OUR NEIGHBORHOOD DO GO TO THAT BACK AREA BECAUSE THAT IS WHERE OUR DOG PARK IS. THAT IS WHERE OUR BASKETBALL PARK IS AND THAT IS WHERE THERE'S A LOT OF LAND FOR THE KIDS TO NOT ONLY PLAY OUTSIDE, BUT ALSO RIDE THEIR SCOOTERS, RIDE THEIR UM, UM, BIKES, RIDE THEIR, ALL OF THEIR OUTSIDE EQUIPMENT. UM, SO I'D LIKE TO ALSO READ SOMETHING THAT I HAVE WRITTEN AS WELL. I'M NOT OPPOSING DEVELOPMENT OF 7 2 7 A JOHNS ROAD. I'M OPPOSING APPROVAL OF A DEVELOP DEVELOPMENT PLAN THAT SOLVES THE APPLICANT'S PRIVATE ACCESS PROBLEM BY ROUTING ADDITIONAL TRAFFIC THROUGH AN ESTABLISHED R TWO M NEIGHBORHOOD INTO A POSSIBLE R 3D ZONE. WHEN THE APPLICANT HAS NOT DEMONSTRATED THAT DOING SO SATISFIES, SATISFIES THE CITY'S HEALTH, SAFETY, TRAFFIC, AND PLANNED UNIT DEVELOPMENT COMPATIBILITY STANDARDS, THE DOCUMENTATION STATES THAT ON THE WEST SIDE THERE IS A 30 FOOT RECIPROCAL DRIVEWAY ACCESS EASEMENT WITH A 25 FOOT CONNECTION TO THE PROPERTY. THE PROBLEM IS NOT THAT THIS ROUTE PHYSICALLY DOESN'T EXIST, THE STAFF REPORT SAYS THE CITY ATTORNEY DETERMINED THE EXISTING EASEMENT IS PRESENTLY INSUFFICIENT FOR CITY PURPOSE. BECAUSE THE CITY LACKS ACCESS IMPROVEMENT RIGHTS, IT CAN BE AMENDED WITHOUT CI CITY CONSENT AND CONSTRUCTION OF THE 25 FOOT CONNECTION REQUIRES WRITTEN APPROVAL OF THE EASEMENT OWNERS. IN OTHER WORDS, AT LEAST BASED ON THE DOCUMENTATION, HAMPTON WAY APPEARS TO BE SOLVING A LEGAL PROPERTY RIGHT PROBLEM WITH THE REFERRED, WITH THE PREFERRED ACCESS ROUTE, NOT NECESSARILY A PHYSICAL IMPOSSIBILITY OF ACCESSING THE PROPERTY ELSEWHERE. WHY SHOULD AN EXISTING NEIGHBORHOOD ABSORB ADDITIONAL THROUGH TRAFFIC? BECAUSE THE DEVELOPER HAS NOT YET SEC SECURED ADEQUATE ACCESS RIGHTS FROM THE ADJOINING PROPERTY OWNERS. THE DEVELOPER'S FINANCIAL BURDEN OF SECURING A DIFFERENT ROUTE SHOULD NOT BE PLACED ON AN ALREADY ESTABLISHED NEIGHBOR, NEIGHBORHOOD, AND VERY CONGESTED NEIGHBORHOOD. THANK YOU VERY MUCH. THANK YOU. I BELIEVE IT'S ERIC MUNOZ. MR. MUNOZ, YOUR NAME AND YOUR ADDRESS FOR THE RECORD. MY NAME IS ERIC MUNOZ. I LIVE AT 1 3 7 HAMPTON COVE. I'M ALSO THE PRESIDENT OF THE HOA. UH, WE ALSO HAVE OUR OTHER BOARD MEMBERS HERE AS WELL. UM, GOOD EVENING COMMISSIONERS. MY NAME IS ERIC MUNOZ AND I'M A RESIDENT AT VILLAS AT HAMPTON PLACE. I WANNA MAKE OUR POSITION VERY CLEAR. WE OPPOSE ANY ACCESS FROM THE PROPOSED DEVELOPMENT INTO THE HAMPTON PLACE, WHETHER THAT IS REGULAR TRAFFIC ACCESS OR EMERGENCY ONLY ACCESS. OUR NEIGHBORHOOD IS ZONED R TWO M. IT WAS DESIGNED AND CONSTRUCTED AS A LOWER DENSITY RESIDENTIAL COMMUNITY WITH NARROWER STREETS TO BUILD THE STANDARDS APPLICABLE AT THAT TIME. THE PROPERTY AT 2 72, A JOHNS ROAD IS SEEKING SUBSTANTIALLY DIFFERENT HIGHER DENSITY RD THREE DEVELOPMENT. THE DEVELOPER SHOULD NOT BE ALLOWED TO OBTAIN THE BENEFITS OF THAT INCREASED DENSITY WHILE TRANSFERRING THE RESULTING ACCESS AND INFRASTRUCTURE BURDENS INTO AN EXISTING R TWO M NEIGHBORHOOD. IF THE PROPOSED DEVELOPMENT REQUIRES TWO POINTS OF ACCESS, THEN THOSE ACCESS REQUIREMENTS SHOULD BE SOLVED BY THE DEVELOPER AND THE PROPERTY BEING DEVELOPED. WE UNDERSTAND ANOTHER LANDOWNER MAY BE UNWILLING TO GRANT THE DEVELOPER THE ACCESS THEY WOULD PREFER, BUT THAT PRIVATE ACCESS PROBLEM IS NOT A HARDSHIP CREATED BY THE VILLAS AT HAMPTON PLACE AND THE BURDEN OF CONVENIENCE SHOULD NOT BE PLACED ON OUR RESIDENCE SIMPLY BECAUSE OUR NEIGHBORHOOD PROVIDES AN EASIER ALTERNATIVE. CHANGING THE CONNECTION TO EMERGENCY ONLY DOES NOT RESOLVE OUR CONCERN. OUR STREETS WERE INITIALLY CONSTRUCTED NARROWER. THE FIRE MARSHAL HAS ALREADY CONFIRMED THAT OUR NEIGHBORHOOD WAS CONSTRUCTED UNDER OLDER STANDARDS AND WILL NOT BE RETROACTIVELY SUBJECTED TO TO TODAY'S FIRE APPARATUS ROAD MARKING REQUIREMENTS. SO WHY SHOULD THOSE SAME GRANDFATHERED STREETS NOW BECOME PART OF THE EMERGENCY ACCESS SYSTEM FOR A NEW DEVELOPMENT BEING DESIGNED TODAY? THERE IS ALSO UNRESOLVED QUESTIONS INVOLVING THE DRAINAGE, VARIANCE AND HISTORIC STRUCTURE ON THIS PROPERTY. THOSE ISSUES DESERVE COMPLETE ANSWERS BEFORE ADDITIONAL EXCEPTIONS OR ACCOMMODATIONS ARE MADE. WE'RE NOT ASKING YOU TO STOP THIS PROPERTY FROM BEING DEVELOPED. WE ARE ASKING YOU TO REQUIRE THIS DEVELOPMENT TO STAND ON ITS OWN, TO PROVIDE ITS OWN SAFE AND ADEQUATE ACCESS WITHOUT TRANSFERRING ITS TRAFFIC, EMERGENCY ACCESS, DRAINAGE, OR SAFETY BURDENS INTO VILLAS AT HAMPTON PLACE. PLEASE DO NOT APPROVE ANY CONNECTION [00:15:01] TO HAMPTON WAY. THANK YOU. THANK YOU. AARON GRAVES. HELLO. GOOD EVENING. GOOD EVENING. UH, MY NAME IS AARON GRAVES. I'M AN HOA BOARD MEMBER AT VILLAS AND I LIVE AT ONE 12 HAMPTON WAY. AND THIS IS PHINEAS AND HE DESERVES TO BE UP HERE BECAUSE HE'S ONE OF THE MANY KIDS THAT RUNS BAREFOOT THROUGH OUR CUL-DE-SAC ON HAMPTON WAY RIDING HIS SCOOTER, UM, EVERY SINGLE NIGHT. UM, EVENING. UM, AND I FEEL LIKE THE NARRATIVE NEEDS TO SHIFT HERE. UM, WE HAVE HEARD A GREAT DEAL ABOUT THE CHALLENGES THE DEVELOPERS FACING MAKING THIS PROPERTY WORK, BUT THIS CONVERSATION CANNOT BE CENTERED SOLELY AROUND PROTECTING ONE DEVELOPER'S INVESTMENT. THERE ARE DOZENS UPON DOZENS OF FAMILIES THAT HAVE WORKED VERY HARD, UM, TO LIVE IN OUR NEIGHBORHOOD. MANY OF US ARE WORKING FAMILIES. MANY OF US WERE RAISED IN BERNIE, LIKE MYSELF. WE CHOSE THE NEIGHBORHOOD BECAUSE WE WANTED TO RAISE OUR CHILDREN HERE, ATTEND FAB, AND GIVE OUR FAMILIES A SAFE AND HEALTHY PLACE TO CALL HOME. OUR INVESTMENT MATTERS TOO. IN THIS CONVERSATION, UM, DEVELOPER'S DIFFICULTY FINDING AN ACCESS SOLUTION SHOULD NOT AUTOMATICALLY OUTWEIGH THE INTERESTS OF THE FAMILIES WHO HAVE ALREADY BUILT THEIR LIVES HERE OR REQUIRE OUR NEIGHBORHOOD TO ABSORB THE CONSEQUENCES OF MAKING THEIR DEVELOPMENT FINANCIALLY OR PRAC, UM, PRACTICALLY VIABLE. THIS COMMISSION HAS CONSIDERED THIS DEVELOPMENT MANY TIMES AND I WANT TO NOTE THAT, UM, LAST TIME THERE WAS A A RECOMMENDED APPROVAL WITH VERY SPECIFIC STIPULATIONS. OUR UNDERSTANDING THROUGHOUT THAT PROCESS WAS VERY CLEAR. APPROVAL WAS ONLY POSSIBLE IF THESE CONDITIONS WERE MET. ONE OF THESE PROTECTIONS WAS ACCESS. THROUGH HAMPTON WAY THROUGH HAMPTON WAY, THEIR ACCESS PROBLEM CHANGED. OUR NEIGHBORHOOD DID NOT. OUR STREETS DID NOT GET WIDER. OUR CONCERNS DID NOT DISAPPEAR. AT THE LAST MEETING, A COMMISSIONER DESCRIBED THIS DESIGN AS ONE THAT PROTECTED THE HAMPTON WAY NEIGHBORHOOD AND RECOGNIZED THE DEVELOPER'S COOPERATION WITH OUR COMMUNITY. SO WHAT HAPPENED TO THAT PROTECTION? THE APPLICANT HAS REPEATEDLY TOLD US THEY WANTED TO BE GOOD NEIGHBORS. WE PARTICIPATED IN THAT PROCESS IN GOOD FAITH. WE SHOWED UP. WE EVEN COMPROMISED. WE ACCEPTED A PLAN THAT INCLUDED VERY LIMITED ACCESS THROUGH HAMPTON WAY. AT THIS POINT, AFTER REPEATEDLY HAVING TO DEFEND OUR NEIGHBORHOOD FROM EXPANDED ACCESS, OUR POSITION HAS CHANGED AS WELL. VILLAS AT HAMPTON PLACE NOW ASKS THAT THERE BE NO CONNECTION THROUGH HAMPTON WAY, VEHICULAR EMERGENCY ONLY, OR PEDESTRIAN. WILLIAM WILLINGHAM HAS CONFIRMED IN WRITING. STIPULATIONS CAN BE ADDED TO THE COMMISSION'S RECOMMENDATION TO LIMIT ACCESS THROUGH OUR NEIGHBORHOOD ON HAMPTON WAY AT THE COMMISSION'S DISCRETION. THE FAILURE OF THE APPLICANT'S ALTERNATIVE ACCESS SOLUTION DOES NOT MAKE OUR NEIGHBORHOOD THE APPROPRIATE ALTERNATIVE. THE CONDITIONS THAT MADE THE PREVIOUS RECOMMENDATION POSSIBLE, WERE NOT SATISFIED. WE ASK YOU TO RECOMMEND A PUD WITH ZERO ACCESS THROUGH HAMPTON WAY BY ANY MEANS, OR IF THE DEVELOPMENT CANNOT FUNCTION UNDER THAT CONDITION, RECOMMEND DENIAL. THANK YOU VERY MUCH. THANK YOU. AND ALSO WOULD LIKE TO SUBMIT, WE HAVE HAD PEOPLE SIGN FROM OUR NEIGHBORHOOD A PETITION THAT I WOULD LIKE TO HAND OVER IF THAT'S OKAY FOR PEOPLE THAT COULD NOT MAKE IT. IS THAT OKAY? I THINK THAT'S ACCEPTABLE. MS. MS. RANGE, ARE YOU WILLING TO ACCEPT A PETITION THAT THEY HAVE? OKAY. YEAH. IS THAT A YES? YEAH. OKAY. THANK YOU. THANK YOU. GOOD JOB EZ FOR MAKING IT ALMOST HALFWAY. . UH, MOVING FORWARD TO PUBLIC SPEAKERS, WE HAVE, UH, MS. VIRGINIA GARZA. MS. GARZA, PLEASE COME DOWN AND STATE YOUR NAME, WHICH I'VE DONE AND AND YOUR ADDRESS AS WELL. VIRGINIA GARZA, 1 33 HAMPTON COVE AT THE VILLAS AT HAMPTON PLACE, WHICH IS ZONED AS AN R TWO M WITH 170 LOTS AT APPROXIMATELY 6.4 UNITS PER ACRE. THE PROPOSED PROPERTY IS CURRENTLY IN AN HOL ZONING DESIGNATION, AND THE APPLICANT SEEKS A FLOOD WITH AN R 3D AS IT'S PHASING ZONE WITH 29 UNITS. THE DOCUMENTS ARE INTER INTERNALLY INCONSISTENT ABOUT THE DENSITY. THE DEVELOPER NARRATES CALCULATES 7.32 UNITS PER ACRE USING 3.46 NET DEVELOPER DEVELOPMENTAL RESIDENT ACRE. WHILE THE CITY STAFF REPORT CALCULATES 4.48 UNITS AN ACRE OVER THE FULL 6.46 ACRE TRACK, I ASK THE STAFF TO RECONCILE THAT. MORE IMPORTANTLY, THE UDC PUTT CRITERIA REQUIRES THAT PUTT BE GENERALLY CONSISTENT WITH THE DENSITY USED AS TRAFFIC PATTERNS OF THE SURROUNDING AREA. ACCORDING [00:20:01] TO THE UDC SECTION TWO DASH FIVE C FIVE DUPLEXES ARE NOT THE ONLY APPROPRIATE USE ALLOWED BY THAT DESIGNATION. P AND Z SHOULD DETERMINE WHETHER THIS PARTICULAR USE AND PUD ARE APPROPRIATE FOR THIS AREA. ANOTHER POINT OF FACT IS THAT THE PROPOSED ONE POINT 10 ACRES OF OPEN SPACE ACTUALLY IS 0.88 ACRES IN DRAINAGE EASEMENT. SO HOW MUCH OF THE CLAIMED ADDITIONAL PUBLIC BENEFIT IS ACTUALLY USABLE VERSUS LAND ALREADY DESIGNATED AS DRAINAGE? THANK YOU. THANK YOU. NEXT PUBLIC SPEAKER. I HAVE THE NAME OF LIDDY, I BELIEVE LIDDY LIDDY. MY APOLOGIES. PLEASE STATE YOUR FIRST NAME AND LAST NAME AND ADDRESS. MY NAME IS LIDDY MUNOZ. UM, YEAH. UH, AND I LIVE AT 1 3 7 HAMPTON COVE. I KNOW THAT FOR SOME PEOPLE IT SOUNDS LIKE A GOOD IDEA TO ADD AN EMERGENCY EXIT, BUT WE ALSO NEED TO THINK ABOUT THE KIDS. KIDS PLAY ON THE, IN, ON THE COURT. DOGS PLAY IN THE DOG PART ALONG WITH THE KIDS TOO. IT ALL, IT TAKES A BIG TRUCK. IT ALL, ALL IT TAKES IS ONE BIG TRUCK AND IT DOESN'T EVEN FIT THAT DOESN'T EVEN FIT IN OUR NARROW ROADS AND MISS A CHILD PLAYING ON THE COURT OR CHASING AND RUNNING AFTER A BALL IN, IN OR IN THEIR DRIVEWAY AND NOBODY SEES THEM, THEN YOU HAVE A MAD PARENT. AND NOT EVEN THAT. I PERSONALLY LIKE THE NEIGHBORHOOD THE WAY IT IS. EVERYBODY IS PERFECTLY FINE. THE KIDS ARE HAPPY AND THE PARENTS WON'T HAVE TO WORRY ABOUT, IS MY KID GONNA GET HIT WHILE THEY'RE PLAYING BASKETBALL OR PLAYING IN MY DRIVEWAY? OUR NEIGHBORHOOD IS AS SAFE AS IT IS FOR A REASON. WE HAVE KIDS IN OUR NEIGHBORHOOD. WE NEED, WE HAVE PEOPLE LIVING IN THE NEIGHBORHOOD WHO WANT THEIR KIDS TO BE SAFE. THANK YOU. THANK YOU. AUSTIN MICKELSON? UH, AUSTIN MICKELSON. I LIVE AT 1 5 0 HAMPTON COVE. UH, GOOD EVENING LADIES AND GENTLEMEN. I LIVED IN THIS NEIGHBORHOOD ALMOST MY WHOLE LIFE, EXCEPT FOR A COUPLE YEARS WHEN I WORKED AT A CATTLE OPERATION IN WYOMING. AFTER I GRADUATED HIGH SCHOOL, I LEARNED HOW TO RIDE A BIKE IN THIS NEIGHBORHOOD. GROWING UP, MY FRIENDS AND I WOULD RIDE BIKES, SKATEBOARDS, SCOOTERS, ALL OF THAT THROUGH FOOTBALLS ON THESE STREETS. I'M THE OLDEST OF FIVE KIDS. MY YOUNGER SIBLINGS LEARNED HOW TO RIDE BIKES ROLLER, SKATE ROLLER BLADE ON THE BASKETBALL COURT AT THE CUL-DE-SAC. MY FAMILY STILL USES THAT AREA REGULARLY, INCLUDING WALKING OUR DOG TO THE DOG PARK. NOW THIS YEAR I'M FIVE YEARS MARRIED TO MY MY SWEETHEART AND WE HAVE A YOUNG DAUGHTER OF OUR OWN AND SHE RECENTLY EARNED HERSELF A A DOG OF HER OWN. AND I'M LOOKING FORWARD TO WALKING WITH HER TO THAT DOG PARK AND SOMEDAY TEACHING HER TO RIDE A BIKE AND HER, HER SIBLINGS ON THAT SAME BASKETBALL COURT IN THAT CUL-DE-SAC. I'M PAINTING THIS PICTURE BECAUSE I WANT YOU TO UNDERSTAND THAT HAMPTON WAY AND THIS CUL-DE-SAC, WHAT THEY ARE TODAY, THEY AREN'T A THOROUGHFARE. THEY'RE PART OF A ESTABLISHED RESIDENTIAL NEIGHBORHOOD WHERE CHILDREN PLAY, FAMILIES WALK AND PEOPLE HAVE BUILT THEIR LIVES. THE PROPOSAL BEFORE YOU WOULD CHANGE THAT ACCORDING TO THE CITY'S STAFF REPORT, THIS DEVELOPMENT WOULD, WOULD CREATE A FULL POINT OF PUBLIC ACCESS THROUGH HAMPTON WAY AND OUR NEIGHBORHOOD. WHAT CONCERNS ME EVEN MORE IS THE CITY'S REPORT SPECIFICALLY SAYS THAT NO TRAFFIC ANALYSIS HAS BEEN PROVIDED FOR TRAFFIC ENTERING THROUGH HAMPTON WAY AND THAT CITY STAFF HAS NOT YET COMPLETED ITS FORMAL REVIEW OF THE TRAFFIC IMPACTS. SO I THINK THERE'S A VERY SIMPLE QUESTION THAT NEEDS TO BE ANSWERED BEFORE THIS IS APPROVED. WHAT WILL OPENING HAMPTON WAY ACTUALLY DO TO THE FAMILIES AND CHILDREN WHO ALREADY LIVE HERE? I'M NOT ASKING YOU TO TELL A PROPERTY OWNER THAT THEY CAN'T USE THEIR PROPERTY. I'M ASKING THAT THEIR ACCESS PROBLEM NOT BE SOLVED BY TURNING OUR NEIGHBORHOOD INTO A ROUTE FOR ANOTHER DEVELOPMENT. THE CITY'S OWN PUD STANDARDS REQUIRE CONSIDERATION OF WHETHER A PROJECT IS CONSISTENT WITH THE TRAFFIC PATTERNS OF THE SURROUNDING AREA. AND THE CITY'S ZONING CRITERIA SPECIFICALLY ALLOWS YOU TO CONSIDER IMPACTS ON PUBLIC HEALTH AND SAFETY. THERE'S ANOTHER POTENTIAL ACCESS ROUTE ON THE OTHER SIDE OF THIS PROPERTY. I WOULD ASK THE DEVELOPER TO WORK WITH [00:25:01] THOSE ADJACENT PROPERTY OWNERS IN THE CITY TO FIND AN APPROPRIATE ACCESS SOLUTION RATHER THAN SENDING THEIR TRAFFIC THROUGH AN ESTABLISHED NEIGHBORHOOD TO THE DEVELOPER. SOLVE YOUR OWN PRIVATE ACCESS ISSUES BEFORE PLACING THE CONSEQUENCES OF YOUR POOR BUSINESS DECISION ON OUR NEIGHBORHOOD. SOMEDAY I'D LIKE TO TEACH MY DAUGHTER TO RIDE HER BIKE RIGHT WHERE I LEARNED TO RIDE MINE. PLEASE DON'T CHANGE THE CHARACTER AND SAFETY OF OUR NEIGHBORHOOD SIMPLY BECAUSE HAMPTON WAY IS THE EASIER ACCESS SOLUTION. THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU MR. MICKELSON MCKENZIE CONLEY. GOOD EVENING. HI, I'M SO SORRY. UH, LET'S SEE HERE. GOOD AFTERNOON. MY NAME IS MACKENZIE CONLEY. I RESIDE AT 1 0 1 HAMPTON COVE. I'M HERE AS A CURRENT HOUSEHOLD OF THE NEIGHBORHOOD AFFECTED BY THE PROPOSED THROWAWAY AFFECTING THE VILLAS AT HAMPTON PLACE. I'M GOING TO APOLOGIZE IN ADVANCE. I HAVE A MEDICAL CONDITION THAT'S CAUSED MAJOR, MAJOR TINNITUS, UH, STARTING YESTERDAY EVENING PRIOR TO THE CUTOFF FOR ANY HEARING ASSISTANCE AND I CAN HARDLY HEAR. SO SOME OF THESE QUESTIONS OR SOME OF THESE STATEMENTS MAY HAVE ALREADY BEEN MADE. UM, I'M JUST UNAWARE 'CAUSE I CAN'T SEE. UM, I DON'T KNOW IF Y'ALL ARE ALLOWED TO ANSWER YES OR NO. SO IF Y'ALL AREN'T, GO AHEAD AND INSTEAD OF NODDING YES OR NO, JUST PLEASE INTERNALIZE SOME OF THESE QUESTIONS AS Y'ALL ARE SOME OF THE REPRESENTATIVES THAT REPRESENT US AND TAKE THEM TO THE PEOPLE WHO MAY BE APPROVING THIS PROPOSAL. AND IF I NEED TO STOP, PLEASE ONE OF Y'ALL SIGNAL WITH YOUR HAND WHENEVER I'M ABLE TO LOOK UP. HAVE ANY OF THE PEOPLE VOTING ON THIS DRIVEN THROUGH OUR NEIGHBORHOOD STREETS PROPOSED FOR THOROUGH THEMSELVES ONCE OR MORE THAN ONCE. WAS IT EASY FOR ONCOMING TRAFFIC? AND HOW MANY CHILDREN DID YOU SEE ATTEMPTING TO HAVE OUTSIDE TIME WHERE IT'S OBVIOUSLY ALREADY NOT THE SAFEST THE WAY THAT OUR NEIGHBORHOOD IS SET UP? DO ANY OF THE SAME PEOPLE KNOW AROUND HOW MANY FAMILIES WITH CHILDREN THAT WALK TO AND FROM SCHOOL, WHETHER ALONE OR TOGETHER MAY BE PUT IN DANGER BY THE PROPOSED THROUGHWAY? ARE YOU AWARE THAT TWO OF OUR FEW AMENITIES FOR OUR NEIGHBORHOOD MAY BE AFFECTED OR TAKEN BY THE PROPOSED THROUGHWAY? SOME OF THE ONLY PLACES THAT ARE SAFER FOR THE CHILDREN IN OUR NEIGHBORHOOD AND THE PETS IN OUR NEIGHBORHOOD TO PLAY? I CURRENTLY DON'T HAVE ANY KIDS, BUT I SEE DOZENS A DAY, IF NOT MORE, AND I BARELY GET TO LEAVE THE HOME. HAVE HAS ANYBODY CHECKED OR RUN A CRIME STATISTIC FOR THE ENTRANCE OF THE NEIGHBORHOOD FROM THE HIGHWAY OR FROM LATIMORE? I PERSONALLY LIVE RIGHT BY THE ENTRANCE TO THE HIGHWAY. I SEE PEOPLE DRUNK DRIVING, ALMOST DRIVING THROUGH OUR NEIGHBORHOOD ALL THE TIME. I'VE SEEN MANY CRASHES THIS YEAR, SEEN MANY PEOPLE RUN THROUGH JUST TO AVOID THE JOHNS ROAD LIGHT ISSUE THAT HAS STILL NOT BEEN FIXED. THEY WOULD RATHER USE OUR NEIGHBORHOOD FOR A THROUGHWAY TO GET TO LAMORE TO USE THE OTHER DIRECTION OF LIGHT AT JOHNS ROAD. THAT IS A CITY OF BURNING ISSUE. I KNOW IT'S NOT THE FIRST TIME IT WOULD'VE BEEN REPORTED, BUT IT HAS BEEN REPORTED. IF YOU'RE GOING ONE SPECIFIC DIRECTION, THE LIGHT WILL NOT TURN GREEN BECAUSE THE SENSORS DO NOT WORK. THAT'S JUST ONE OF THE FEW THINGS OTHER THAN FABER THROUGH TRAFFIC FROM PARENTS WHO DO NOT LIVE IN OUR NEIGHBORHOOD. THAT'S THE SAME TIME PEOPLE ARE WALKING HOME FROM SCHOOL. IF THERE'S MORE THROUGH A TRAFFIC, IT POSES A MUCH BIGGER THREAT AND DANGER TO THE PEOPLE AND THE CITIZENS AND GROWING CITIZENS OF OUR TOWN. CURRENTLY, THIS NEIGHBORHOOD IS ALREADY DEALING WITH ISSUES FROM THE CITY OF BERNIE THAT HAVE NOT BEEN RESOLVED SUCH AS THAT JOHNS ROAD, UH, LIGHT OR THE FIBER INSTALLATION TEARING UP THEIR OWN FRONT YARD SO THEIR KIDS HAVE LESS ROOM TO PLAY WITH NO NOTIFICATION JUST SHOWING UP AND REALIZING THAT THEIR, THEIR LAWNS HAVE BEEN TORN UP AND THAT EVERYTHING THAT THEY'VE DONE TO ABIDE BY THE HOA OR TO ABIDE BY THE CITY OF BERNIE IS GONE. WE WERE TOLD THAT WE'LL BE, YOU KNOW, REFUNDED FOR WHAT HAPPENED, BUT WE WEREN'T TOLD IN THE FIRST PLACE THAT IT WOULD AFFECT US IN THIS WAY. AND IT'S A CONTRACT OF THE CITY OF BERNIE. THERE'S BEEN MANY A THING THAT WE'VE BEEN IGNORED ABOUT FOR THIS SPECIFIC NEIGHBORHOOD, AND I WOULD JUST LIKE EVERYBODY WHO DOES VOTE ON THIS TO REALIZE THAT THIS WOULD NOT BE THE FIRST TIME THAT WE'VE [00:30:01] BEEN IMPACTED BY THE CITY OF BERNIE'S DECISIONS. THIS WOULD BE SECOND, THIRD, MAYBE FOURTH, DEPENDING ON WHERE YOU ARE IN THE NEIGHBORHOOD. UM, LET'S SEE HERE. I PLEAD THAT THERE'D BE A TRAFFIC STUDY DONE TO PUT IN AN INDIVIDUAL ROAD THAT DOES NOT CUT THROUGH THE PRE-EXISTING NEIGHBORHOOD, PUTTING OUR CHILDREN PARKED VEHICLES AND ROADWAYS AT RISK. IF THE MAJORITY OF YOU WERE ABLE TO SAY, YES, I HAVE LOOKED AT THESE THINGS, OR I HAVE LOOKED INTO THESE THINGS, OR SOMEONE HAS AND I'VE READ THE REPORT AND THAT'S GREAT, BUT IF THE MAJORITY OF THESE ANSWERS TO YOURSELVES OR NO, I WOULD LIKE YOU TO MAYBE MULL OVER THAT A BIT OR TALK TO THE OTHER REPRESENTATIVES THAT ARE VOTING AND KIND OF GO OVER HOW MUCH IT WOULD IMPACT YOU IF THIS WERE YOUR HOUSEHOLD. MOST OF THESE FAMILIES, THIS IS WHERE WE ARE ABLE TO LIVE IN BERNIE. BERNIE TAXES HAVE RISEN. WE ARE UNABLE TO RELOCATE DUE TO DANGER. I BEING ONE OF THOSE HOUSEHOLDS, IT TAKES A LOT TO CROSS THE ROAD. THERE IS NO PARKING. A LOT OF HANDICAPS ARE UNABLE TO GET ONTO THE SIDEWALKS. IT'S NOT JUST ELDERLY, IT'S NOT JUST YOUNG. IT IS EVERYBODY THAT IS AFFECTED. LET'S SEE HERE. I WOULD ALSO IMPLORE THAT THE CITY FIX SOME OF THE EXISTING ISSUES POTENTIALLY CAUSING MORE THROUGHWAY WITHOUT WEIGHING WHAT THIS WILL DO TO OUR COMMUNITY ALREADY AND OUR COMMUNITY. THANK YOU. THANK YOU. AM I OKAY TO GO? THANK YOU. AND OUR LAST, UH, PUBLIC SPEAKER THAT HAS SIGNED UP IS, UH, CATHERINE DORY. GOOD EVENING LADIES. GENTLEMEN, THANK YOU FOR HAVING US. THANK YOU NEIGHBORS FOR BEING HERE. YOU'LL HAVE TO BEAR WITH ME. IT'S PAST MY BEDTIME . A LOT OF THE THINGS THAT I'M GONNA MENTION TONIGHT ARE GONNA BE ECHOES OF WHAT YOU'VE ALREADY HEARD. I'M GONNA PHRASE THESE IN SIX SPECIFIC QUESTIONS. I DO NOT FEEL THAT THERE'S BEEN TRANSPARENCY NEITHER FROM THIS COUNCIL NOR FROM THE DEVELOPMENT. I WOULD LIKE THESE QUESTIONS ADDRESSED IF AND WHEN THE COUNCIL FEELS IT'S APPROPRIATE TO DO SO. HAS THE CITY COMPLETED A TRAFFIC ANALYSIS SPECIFICALLY MEASURING THE EFFECT OF OPENING HAMPTON WAY TO THIS DEVELOPMENT? I APOLOGIZE. I'M AT 1 1 6 HAMPTON WAY. IF I DIDN'T SAY THAT. ME AND MY CHILDREN. WHY ARE WE CONSIDERING FULL PUBLIC ACCESS THROUGH HAMPTON WAY BEFORE THE APPLICANT HAS EXHAUSTED THE ABILITY TO OBTAIN SUFFICIENT ACCESS THROUGH THE EXISTING 30 FOOT WESTERN ACCESS EASEMENT? QUESTION THREE. WHAT SPECIFICALLY PREVENTS THE APPLICANT FROM NEGOTIATING THE NECESSARY AGREEMENT WITH THE OWNERS OF THE EASEMENT? HOW DOES ADDING DEVELOPMENT TRAFFIC TO AN EXISTING R TWO M NEIGHBORHOOD SATISFY THE PUD REQUIREMENT? THAT THE PROJECT BE GENERALLY CONSISTENT WITH SURROUNDING TRAFFIC PATTERNS? WHAT ARE THE EXISTING TRAFFIC COUNTS INCLUDING PEAK HOUR CONDITIONS, PEDESTRIAN ACTIVITY, CRASH AND SAFETY CONDITIONS ON HAMPTON WAY AND THE STREETS BETWEEN HAMPTON WAY AND THE NEAREST COLLECTOR HAVE SCHOOL ARRIVAL TIMES, DISMISSAL TIMES AND CONDITIONS ASSOCIATED WITH BARBARA ELEMENTARY BEEN INCORPORATED INTO THE TRAFFIC AND PEDESTRIAN SAFETY ANALYSIS. THOSE ARE THE SIX QUESTIONS. I WOULD LIKE THE BOARD TO SEE ALL THE CHILDREN HERE, INCLUDING ADULTS THAT HAVE ALSO BEEN IN THE BERNIE ISD SCHOOL SYSTEM. MY CHILDREN WERE NOT ALLOWED TO BUST TO SCHOOL. THEY WALKED OR THEY GOT DROPPED OFF AND PICKED UP BECAUSE OF HOW CLOSE WE ARE. I DON'T KNOW IF ANY OF THIS HAS BEEN CONSIDERED. I WOULD LIKE MORE TRANSPARENCY AND I WOULD LIKE YOU TO PLEASE CONSIDER OUR FAMILIES OUR SAFETY AND OUR EXISTING LIFESTYLE THAT WILL BE GREATLY INTERRUPTED BY THIS. THANK YOU FOR YOUR TIME AND THANK YOU FOR YOUR TIME. GOOD NIGHT. THANK YOU. THAT IS OUR LAST PUBLIC SPEAKER THAT HAS SIGNED UP, BUT THERE'S GOOD NEWS YOU COULD COME DOWN NOW AND SPEAK FOR, FOR YOUR TIME. OR WE WILL ALSO HAVE A PUBLIC HEARING ON THIS ITEM AGAIN AFTER WE'VE HEARD FROM CITY STAFF PRESENTATION AND THE APPLICANT. SO IF, IF YOU'RE THINKING ABOUT SPEAKING, YOU COULD COME DOWN NOW. I'LL GIVE ANYBODY ANOTHER CHANCE ON THIS ITEM. OR [00:35:01] THERE'LL BE A PUBLIC HEARING WHERE YOU CAN COME DOWN AFTER YOU'VE HEARD THE CITY'S PRESENTATION AND THE APPLICANT'S PRESENTATION. YES MA'AM. HI, MY NAME IS LORI LAGASSE. I LIVE AT 1 1 2 HAMPTON RUN. AND I DO WANNA SAY TWO THINGS. UM, I'M NOT PREPARED. UM, BUT TWO THINGS. UM, WHAT THE YOUNG LADY SAID OVER THERE, MY SON, WHO MY SON WAS ONE OF THE KIDS IN THE CAR WHEN A DRUNK DRIVER CAME THROUGH ME. HE IS NOW 10 YEARS OLD, BUT HE WAS SITTING WITH MY SISTER IN THE CAR. AND THAT TRAFFIC AREA IS INSANE COMING FROM THE HIGHWAY. I LIVE ON THAT MAIN ACCESS ROAD. I HAVE ASKED THE CITY MULTIPLE TIMES FOR SPEED BUMPS. I SAID, PUT IT IN FRONT OF MY HOUSE. SO IF YOU'RE GONNA ADD 60 MORE CARS, VEHICLES COMING THROUGH MY HOUSE WITH MY CHILDREN WHO HAVE NO YARD TO PLAY IN. THIS IS, I'VE BEEN HERE FOR 12 YEARS IN THIS HOUSE. I'M SORRY I'M EMOTIONAL, BUT I ALMOST LOST MY SON THAT NIGHT BECAUSE SOMEBODY DECIDED TO DRUNK DRIVE AND COME THROUGH A MEDIAN. AND WE HAVE ASKED THE POLICE OFFICERS, WE'VE ASKED THE CITY OF BERNIE TO PUT A SPEED BUMP, PUT SOMETHING FOR OUR CHILDREN AND THEY'VE DENIED IT. SO TO APPROVE MULTIPLE CARS TO COME THROUGH WHEN YOU'RE DENYING CHILDREN PLAYING OUT IN THE YARD BECAUSE OF A SPEED BUMP BECAUSE IT'LL DAMAGE THE ROADS. COME CHECK OUT OUR ROADS BEFORE YOU DO THAT. AND THAT'S IT. SORRY. THANK YOU. THANK YOU. AND I WANT TO GIVE THE NEIGHBORHOOD CREDIT. YOU ALWAYS COME TOGETHER VERY STRONG. UM, IT'S GOOD TO SEE SOME RECURRING FACES OR FAMILIAR FACES AND THERE'S ALSO QUITE A FEW NEW ONES. SO THANK YOU ALL FOR TAKING THE TIME OUTTA YOUR EVENING. THERE'S SOME KIDS THAT ARE PROBABLY PAST BEDTIME AS WELL FOR MAKING THAT SACRIFICE. BUT THANK YOU ALL FOR COMING FORWARD AND, AND TAKING THE TIME TO COME TO CITY HALL AND SPEAK, UM, ABOUT THIS MATTER THAT'S IMPORTANT TO YOU. THAT WILL TAKE US OUT OF OUR, UM, PUBLIC COMMENT, UM, SECTION. WE ARE GONNA MOVE INTO OUR REGULAR AGENDA, GET TO THIS, UM, ITEM HERE MOMENTARILY. BUT, UM, MOVING FORWARD, PAST PUBLIC COMMENTS, UM, WE'RE GONNA MOVE OVER INTO OUR [5. CONSENT AGENDA: All items listed below within the consent agenda are considered routine by the Planning and Zoning Commission and may be enacted with one motion. There will be no separate discussion of items unless there is a Commission member or citizen request, in which event the item may be moved to the general order of business and considered in its normal sequence.] CONSENT AGENDA. UM, AGENDA ITEM NUMBER FIVE. AND REALLY THAT HAS, UM, US CONSIDERING THE APPROVAL OF THE MINUTES FOR THE PLANNING AND ZONING COMMISSION, UM, ON THE MEETING OF AUGUST 3RD, 2026. COMMISSIONER FRIAR. UM, I DON'T, I I GUESS I'M GONNA REQUEST THAT WE PULL THE MINUTES FROM THE CONSENT AGENDA FOR DISCUSSION. OKAY? THAT'S CORRECT, YES. AND WHAT WOULD YOU LIKE TO DISCUSS? UM, IN THE MINUTES, THERE ARE SEVERAL REFERENCES TO A COMMISSIONER MICHAEL NICHOLS THAT DOESN'T SIT ON OUR COMMISSION. AND SO THERE'S I GUESS SOME TYPOS THAT NEED TO BE ADDRESSED IN THE MINUTES. SO I THINK THAT FIRST APPEARS ON PAGE 11, IS THAT CORRECT? IT'S AT THE BOTTOM OF PAGE NINE AND THEN IT APPEARS AGAIN IN PAGE 11 AND 13. OKAY. SO I THINK WE NEED TO PULL THE MINUTES FOR CORRECTION AND THEN REVISIT THEM NEXT MONTH. YEAH, MR. CHAIRMAN, I, I WAS GONNA SUGGEST THE SAME THING. YEP. THAT, UH, FOR EXPEDIENCY, WE, WE DO THAT AND BRING 'EM BACK TO YOU NEXT MONTH. PERFECT. PERFECT. SO NO DECISION TONIGHT ON THE CONSENT AGENDA OR THE MINUTES AND THOSE WILL BE CONSIDERED NEXT MONTH ONCE CORRECTED. THANK YOU. MOVING INTO OUR REGULAR [6. 2026-375 HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A PROPOSED PLANNED UNIT DEVELOPMENT (PUD) FOR APPROXIMATELY 6.5 ACRES OF LAND LOCATED AT 727A JOHNS ROAD.] AGENDA, AGENDA ITEM 20 26 3 75, HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A PROPOSED PLANNED UNIT DEVELOPMENT FOR APPROXIMATELY 6.5 ACRES OF LAND LOCATED AT 7 27 A JOHNS ROAD. MR. WILLINGHAM, GOOD EVENING. GOOD EVENING COMMISSION. I'M WILLING WILLINGHAM WITH THE PLANNING DEPARTMENT. THIS IS A PLANNED UNIT DEVELOPMENT FOR 7 27 A JOHNS ROAD. SO FOR SOME BACKGROUND ON THIS APPLICATION, UH, THIS IS THE SUBJECT PROPERTY AERIAL MAP FOR YOUR ORIENTATION. IT IS LOCATED AT 7 27 A JOHNS ROAD. UH, THE APPLICANT IS CARTER ALOFF AND DANIEL WETZEL, UH, WITH CENTERLINE ENGINEERING AND THE PROPERTY OWNER IS DENNIS SPINELLI. RIGHT NOW, THE CURRENT LAND USE OF THE SITE IS A HISTORIC STRUCTURE. SO FOR SOME FURTHER BACKGROUND ON THIS SITE, UH, THE APPLICATION, AS YOU ALL KNOW, HAS COME A NUMBER OF TIMES BEFORE THIS COMMISSION. UH, MOST RECENTLY, BACK IN SEPTEMBER 8TH, 2025, UH, THE PLANNED UNIT DEVELOPMENT HAD COME FORWARD WITH ITS FIRST VERSION OF THE REQUEST. AT THAT TIME, NINE STIPULATIONS WERE INCLUDED. UM, THREE OF THOSE WERE INCLUDING A LEGAL REVIEW, A NON AXIS EASEMENT AND ACCESS THROUGH THE BISD PROPERTY, WHICH IS ADJACENT TO THE SUBJECT PROPERTY. FOLLOWING THAT HEARING ON SEPTEMBER 2ND, 2026, [00:40:02] PNZ ALSO APPROVED A DPC VARIANCE GRANTED FOR THE PUD, UH, THAT VARIANCE WAS SWORE BOX CULVERTS TO CROSS OVER THAT, UM, DPZ AND WE ARE HERE TODAY, SEPTEMBER 14TH, 2026. UH, THIS IS A PLANNED UNIT DEVELOPMENT REQUEST. THIS IS A NEW REQUEST OF THE APPLICATION. AND JUST AS A REMINDER FOR THE COMMISSION, UM, WHAT IS BEFORE YOU TODAY IS A PLANNED UNIT DEVELOPMENT. UM, IT IS A SIMILAR PROCESS AS A ZONING REQUEST. AND SO YOU CAN SEE HERE ON THE LEFT HAND SIDE, UH, THOSE FIVE CRITERIA ARE THE FIVE CRITERIA OF APPROVAL FOR A ZONING REQUEST. IN ADDITION TO THE TYPICAL FIVE CRITERIA FOR A ZONING REQUEST, WE ALSO HAVE FOUR MORE CRITERIA FOR, UH, CONSIDERING PUDS. AND SO I'LL READ THEM HERE QUICKLY, LESS THAN 10 ACRES THAT IS CONSISTENT WITH THE DENSITIES AND TRAFFIC PATTERNS OF THE SURROUNDING AREA, THAT IT RELIEVES A COMMUNITY WIDE CONCERN OR MEETS A COMMUNITY OBJECTIVE. AND FOURTH, THAT IT MITIGATES A COMPATIBILITY, COMPATIBILITY ISSUE, WHICH THE BASE ZONING WOULD NOT ACHIEVE. AND SO NOW HERE WE'LL GET INTO WHAT IS THE PUD PROPOSED. SO ON THE LEFT HAND SIDE, YOU CAN SEE HERE WHAT THE FORMER PUD WAS THAT WAS BROUGHT FORTH TO YOU LAST YEAR IN 2025. AND THEN WHAT WE SEE ON THE RIGHT HAND SIDE IS THE PROPOSED PUD. SO YOU CAN SEE THE TWO DIFFERENCES HERE. UM, I KIND OF BRIEFLY GO OVER THEM QUICKLY, BUT JUST YOU CAN SEE SPIN SPINELLI DRIVE, SPINELLI LANE CROSSING ALL THE WAY ACROSS, AND THEN A CUL-DE-SAC COMING DOWN TO HAMPTON WAY ENDING HERE. WHEREAS WHAT WE SEE TODAY IS SPINELLI LANE AND SPINELLI CIRCLE CONNECTING THROUGH HERE AND CONNECTING THROUGH HERE. SO FOR A COMPARISON HERE, UH, WHAT WE SEE BETWEEN THE TWO DIFFERENT, UH, PUD APPLICATIONS IS THAT THERE IS NO ACCESS PROPOSED TO THE DEVELOPMENT VIA THE ADJACENT BISD LOT. UM, THE NON AXIS EASEMENT BETWEEN HAMPTON WAY AND THE DEVELOPMENT HAS BEEN REMOVED. THERE ARE NO CHANGES IN THE NUMBER OF UNITS PROPOSED BETWEEN THE TWO DEVELOPMENTS BOTH PROPOSED 29, AND THERE'S A DECREASE OF OPEN SPACE FROM 1.73 ACRES TO 1.10 ACRES. HOWEVER, BOTH DO EXCEED THE MINIMUM REQUIREMENT OF 15% PER THE BASE ZONING DISTRICT. AND SO STAFF ANALYSIS ON THE PUD, SO THE SURROUNDING AREA, UH, THE SUBJECT PROPERTY IS CURRENTLY DESIGNATED AS TRANSITIONAL RESIDENTIAL. TRANSITIONAL RESIDENTIAL IS INTENDED FOR DIFFERENT KINDS OF HOUSING TYPES, NOT NECESSARILY ONE OR THE OTHER. UM, TO THE NORTH AND SURROUNDING AREAS, YOU CAN KIND OF SEE THAT, UH, MUCH OF THIS AREA IS DESIGNATED AS TRANSITIONAL RESIDENTIAL. HOWEVER, WE ALSO DO SEE, UM, PUBLIC INSTITUTIONAL WHERE THAT SCHOOL IS. AND WE DO SEE AUTO ORIENTED COMMERCIAL, UH, ADJACENT TO THE PROPERTY AND NEIGHBORHOOD RESIDENTIAL TO THE SOUTH. AND SO THE CURRENT ZONING ON THE PROPERTY, THERE'S ACTUALLY NO ZONING ON THIS PROPERTY, AS THE PROPERTY IS NOT WITHIN THE CITY LIMITS OF THE CITY OF BERNIE AT THIS TIME. WHEN IT DOES GET ANNEXED INTO THE CITY, IT WILL BE GIVEN A HOLDING DESIGNATION. AND SO FOLLOWING THAT DESIGNATION WOULD BE THIS PUD REQUEST, WHICH IS WHY IT IS BEFORE YOU TODAY IF IT GETS, UM, IF IT FOR THE CONSIDERATION OF CITY COUNCIL. AND THEN NEXT WE HAVE, UH, THE SCENIC INTERSTATE CORRIDOR OVERLAY. UM, SO UPON ITS ANNEXATION, THIS WOULD BE THE, UH, OVERLAY DISTRICT THAT WOULD BE APPLICABLE TO THIS LOCATION. SO LEGAL REVIEW OF THE ACCESS EASEMENT. SO WE ARE SPECIFICALLY DISCUSSING RIGHT NOW, JUST THIS PORTION HERE. UH, SO WE HAD OUR LEGAL REVIEW, AS WAS A STIPULATION OF THE PREVIOUS PUD, AND THERE HAVE ESSENTIALLY BEEN FOUR MAJOR OUTCOMES OF THAT REVIEW. UH, SO ONE, THE EASEMENT INSTRUMENT DOES NOT ESTABLISH THE CITY AS A PARTY OR A BENEFICIARY OF THE CROSS AXIS ROAD, WHICH IS HIGHLIGHTED THERE IN YELLOW. THE DEVELOPMENTS AXIS POINT TO THE CROSS AXIS ROAD HAS NOT BEEN DETERMINED OR LOCATED BY THE INSTRUMENT. SO WE CAN SEE THAT IT'S OUTLINED THERE IN PURPLE AND THEN THE CROSS AXIS ROAD THERE. SO YOU CAN SEE WHERE IT IS TAKING ACCESS TO THAT AXIS ROAD THREE, THE DEVELOPER ALONE CANNOT SELECT THE LOCATION OF THE AXIS POINT. THE ACCESS POINT MUST BE APPROVED WITH WRITTEN APPROVAL BY THE EASEMENT OWNERS. AND SO JUST FOR CLARIFICATION, THE EASEMENT OWNERS ARE THE INDIVIDUALS WHO OWN THESE PROPERTIES HERE, WHERE THE CROSS AXIS ROAD IS ESSENTIALLY OVER THEIR LOT. AND FOUR, THE EASEMENT INSTRUMENT CAN BE AMENDED WITHOUT THE CONSENT OF THE DEVELOPER OR THE CITY. UM, SO JUST AS CLARIFICATION, THE EASEMENT INSTRUMENT IS THAT DOCUMENT. AND THEN WHAT WE SEE HERE WHEN WE'RE REFERENCING THE CROSS AXIS ROAD IS THE ACTUAL LEGAL EASEMENT THAT YOU SEE HERE WHERE PEOPLE CAN TAKE ACCESS. SO THE EASEMENT INSTRUMENT ALLOWING THIS CROSS AXIS POINT CAN BE AMENDED. SO AXIS AS PROPOSED JOHN'S ROAD WILL BE GIVEN AXIS, UH, VIA A 35 FOOT RECIPROCAL AXIS EASEMENT AS WE HAVE, I JUST GONE OVER. AND THE DEVELOPMENT PROPOSES 1 25 FOOT AXIS POINT ONTO THE EASEMENT, WHICH IS REQUIRED TO BE APPROVED BY THE EASEMENT OWNERS ONCE AGAIN. UM, THAT'S THE 25 [00:45:01] POINT HERE. AND THE EASEMENT OWNERS WOULD BE THESE PROPERTIES HERE HAMPTON WAY, ONE FULL POINT OF ACCESS IS PROVIDED TO HAMPTON WAY, UH, TO THE HAMPTON WAY CUL-DE-SAC ACCESS TO ACCESS THIS DEVELOPMENT. SO WE CAN SEE HERE THAT THE PROPERTY OR THE DEVELOPMENT IS PROPOSING TO CONNECT THIS CUL-DE-SAC HERE AND PROVIDE ACCESS TO THIS NEIGHBORHOOD THROUGH HERE. THE BISD EASEMENT, THE ACCESS THROUGH THE BISD PROPERTY IS NO LONGER PROPOSED. SO THIS IS OVER HERE WHAT YOU SEE AN EXISTING EASEMENT FOR BISD. UH, THE EASEMENT IS INTENDED FOR, UH, WHAT IS CURRENTLY OUT HERE. UM, REALISTICALLY, THIS EASEMENT IS NOT SUFFICIENT FOR WHAT IS BEING PROPOSED BY THIS DEVELOPMENT, AND THE DEVELOPER IS NOT INTENDING TO USE THAT EASEMENT ANYMORE. AND THEN THIS IS JUST AN OVERVIEW OF WHAT WE SEE HERE TODAY. SO JUST HIGHLIGHTING EVERYTHING ALL AT ONCE. UH, WE SEE THE ACCESS POINT, WE SEE THE CROSS AXIS EASEMENT ROAD. WE SEE THAT JOHN'S ROAD IS 650 FEET AWAY FROM THIS ACCESS POINT. UH, THIS LOCATION HERE IS FIVE ELEMENTARY SCHOOL AND THIS LOCATION DOWN HERE IS THE HAMPTON WAY CUL-DE-SAC. AND SO I APOLOGIZE FOR THIS, NOT SURE HOW THAT HAPPENED, BUT THAT'S JUST HIGHLIGHTING THE, UH, 25 FOOT ACCESS POINT. THE TRAFFIC IMPACT SUMMARY. SO A FULL TIA HAS NOT BEEN COMPLETED FOR THIS APPLICATION. HOWEVER, THE APPLICANT DID INCLUDE, UH, PEAK HOUR TRIPS RESULTS. AND SO THE RESULTS OF THAT STUDY OR RESULTS OF THAT PEAK HOUR TRIP DETERMINATION FORM IS THAT THE PEAK HOUR TRIPS WOULD BE 27 AT ITS PEAK HOUR. AND THE TURN LANE EVALUATION ASSUMES THAT A HUNDRED PERCENT OF THOSE 27 TRIPS, UH, WOULD BE ENTRY FROM JOHN'S ROAD. SO ESSENTIALLY FROM THIS PORTION RIGHT HERE COMING IN TO ACCESS THIS DEVELOPMENT, UH, THE TRAFFIC ASSUMPTIONS HAVE BEEN COMPLETED BY THE APPLICANT AND OUR CITY STAFF HAS NOT, UH, COMPLETED A COMPLETE REVIEW OF THESE DOCUMENTS. ENVIRONMENTAL CONSTRAINTS FOR THIS SITE. UH, SO WE CAN SEE, OR AS I'VE MENTIONED BEFORE, UH, THIS PROPERTY DOES HAVE A DRAINAGE WAY PROTECTION ZONE, UH, WHICH IS SHOWN HERE IN PURPLE ON FEBRUARY 2ND, 2026. THE PNZ APPROVED A DPZ VARIANCE TO ALLOW BOX CULVERTS TO CROSS OVER THE DPZ AS APPLICABLE TO THE PUD OPEN SPACE. UH, SO AS I MENTIONED BEFORE, UH, WE HAVE THE OPEN SPACE REQUIREMENTS HERE. UH, WHAT'S HIGHLIGHTED IN PURPLE IS, UH, WHAT'S CONSIDERED DRAINAGE EASEMENTS. AND THEN WHAT'S HIGHLIGHTED IN GREEN IS CONSIDERED THE COMMUNITY SPACE LOT. UM, SO THE PUD PROPOSES TO EXCEED THE MINIMUM 15% REQUIRED OPEN SPACE PARKS, UM, PARK SPACE ESTABLISHED IN THE BASE ZONING DISTRICT OF R 3D. THE MINIMUM REQUIREMENT IS 0.969. UH, THE MINIMUM PROPOSED BY THIS PUD IS 1.10 ACRES. UM, AND SO WE SEE THE BREAKDOWN OF HOW THAT USE OR HOW THAT OPEN SPACE IS BEING USED. POINT EIGHT EIGHT ACRES BEING USED FOR DRAINAGE EASEMENTS. ENDPOINT TWO, THREE BEING USED FOR A COMMUNITY SPACE LOT. AND WHAT IS THAT COMMUNITY SPACE LOT. UM, THE INTENT IS FOR, UM, THAT LOCATION TO BE THE SITE OF THE LEX SANITARIUM, WHICH IS A RECORDED TEXAS HISTORIC LANDMARK IS CURRENTLY LOCATED ON THE PROPERTY. THE PUD PROPOSES TO PRESERVE THIS STRUCTURE AND RELOCATE IT TO THAT COMMUNITY SPACE LOT. UM, APPROVAL TO RELOCATE THE STRUCTURE, HOWEVER, MUST BE APPROVED BY THE TEXAS HISTORICAL COMMISSION, AS WELL AS THE CITY OF BERNIE HISTORIC LANDMARK COMMISSION BEFORE IT CAN BE MOVED. AND CONCLUDING DETAILS AND MOTIONS FOR CONSIDERATION. UH, C COMMUTING ENGAGEMENT AND NOTIFICATION FOR THE SITE. SO A PUBLIC NOTICE SIGN WAS PLACED BY THE APPLICANT ON THE PROPERTY ON AUGUST 26TH, 2026. NEWSPAPER NOTICES WERE PUBLISHED IN THE BERNIE STAR FOR THE PUD ON AUGUST 30TH, 2026, AND MAILED NOTIFICATIONS WERE SENT. 81 NOTICES WERE SENT OUT WITHIN A 500 FOOT BUFFER OF THE PROPERTY. UM, ONE EMAIL RESPONSE WAS INCLUDED IN OPPOSITION. HOWEVER, WE HAVE RECEIVED A NUMBER OF PHONE CALL, A NUMBER OF EMAILS, UM, INQUIRING ABOUT, YOU KNOW, WHAT IS THIS DEVELOPMENT? AND BASICALLY GETTING SOME CLARIFICATION ON THAT. THIS IS THE ONE THAT HAS INDICATED OPPOSITION. AND SO THIS IS THE, UH, RECOMMENDATION. SO THE PLANNING AND ZONING COMMISSION SHOULD HOLD A PUBLIC HEARING AND DETERMINE IF THE REQUEST MEETS THE REQUIREMENTS OF UDC TWO FIVE C FIVE APPROVAL CRITERIA. IF THE COMMISSION CHOOSES TO RECOMMEND APPROVAL, STAFF RECOMMENDS THE INCLUSION OF THE FOLLOWING STIPULATIONS, AND I'LL TRY TO READ THROUGH THEM AS QUICKLY AS I CAN. THE PUD SHALL SUBSTANTIALLY CONFORM TO THE PUD PLAN PACKET FOUND IN ATTACHMENT FIVE OF THE STAFF REPORT. THE CITY OF BURN, UDC AS AMENDED SHALL GOVERN THE DEVELOPMENT OF THE PROPERTY EXCEPT AS OTHERWISE DESCRIBED IN THE PUD NARRATIVE. STREET LAYOUT, DRAINAGE, FEATURES, UTILITIES, OR OTHER IMPROVEMENTS SHOWN HEREIN ARE CONCEPTUAL ONLY AND SHALL NOT BE CONSIDERED APPROVED FOR CONSTRUCTION. FINAL DESIGN AND CONSTRUCTION ARE SUBJECT TO POOL COMPLIANCE WITH ALL CITY CODES, ORDINANCES, AND STANDARDS. ALL PRIVATE STREETS SHALL BE DESIGNATE, DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH UDC AND APPLICABLE CONSTRUCTION DETAILS FOR PUBLICLY DEDICATED STREETS AS DESCRIBED BY UDC SEVEN FOUR B, ALL DEAD END ROADWAYS SHALL COMPLY WITH EDM 2 1 10. THE EXISTING CROSS ACCESS EASEMENT [00:50:01] SHALL BE UPDATED, MODIFIED, OR CLARIFIED AS NECESSARY TO MEET THE REQUIREMENTS OF THE CITY ATTORNEY. AND SEVEN, THIS PUD SHALL BE NULL AND VOID IF ANY OF THESE CONDITIONS ARE NOT MET. ADDITIONALLY, THE PUD MUST COMPLY WITH THE EXPIRATION AND AMENDMENT REGULATIONS OUTLINED IN UDC TWO DASH FIVE. AND SO THE APPLICANT DOES HAVE A PRESENTATION HERE TODAY. THANK YOU, MR. WILLINGHAM. WHO FROM THE APPLICANT WILL BE PRESENTING THIS EVENING? PERFECT. I THINK MR. WILLINGHAM DID THAT IN ABOUT 15 MINUTES, MAYBE A LITTLE BIT QUICKER, BUT IT'S 15 MINUTES. A GOOD AMOUNT OF TIME FOR YOU GUYS. WELL, WE, WE MAY NEED MORE, UM, CHAIR, UM, COMMISSION BECAUSE IT, I AM, I AM HERE REPRESENTING THE BUYER OF THIS PROPERTY. SO MR. SPINELLI IS THE CURRENT OWNER WHO HE HAS A FOR SALE SIGN OUT AND I AM REPRESENTING THE BUYER AND I WANT TO SHARE WITH THE COMMISSION AND ALSO SHARE WITH THE NEIGHBORS WHAT OUR DESIGN INTENT IS FOR. SO WE MAY NEED A LITTLE BIT MORE TIME JUST AS THE, THE NEIGHBORS HAD UNLIMITED TIME. THERE WASN'T A LIMIT TO THEIR, TO THEIR, UM, DISCUSSION. THAT'S FAIR. I, WE, WE'VE HEARD, UM, ABOUT THIS DEVELOPMENT ON MANY OCCASIONS AS YOU SAW. SO I'LL INCREASE THAT TO 20. OH, OKAY. UM, WELL, I'LL BE VERY, SO WE, WE DO HAVE A LOT OF A LARGE AGENDA TONIGHT. OKAY. SO WE'VE HEARD A LOT OF THIS, UM, IN PREVIOUS MEETINGS AS WELL. WELL, AND I, AND I PRESENT HERE. I I'M A BERNIE RESIDENT. I'M BORN, I'M BORN AND RAISED IN SAN ANTONIO. MOVED HERE, MOVED MY FAMILY IN 2000. MY NAME'S FRANK VALDEZ. I LIVE IN ONE 14 MOUNTAIN SPRING DRIVE, UH, MOUNTAIN SPRING FARM SUBDIVISION OFF OF SISTER DALE AND, UH, WALNUT GROVE. UH, MY CHURCH IS ST. PETER'S CATHOLIC CHURCH. I DESIGNED THE, UH, FAMILY LIFE CENTER, THE CAN OF BALLROOM AND, UH, THE CL UH, FOR FATHER TONY BACK IN THE DAY. UM, I'VE DONE OVER 50 PROJECTS IN BERNIE AND KENDALL COUNTY. UM, I AM TOO A PARENT OF THREE KIDS. THEY ALL CAME TO BERNIE, ISD AS CHILDREN. NOW MY CHILDREN ARE 33 30. AND MY SPECIAL NEEDS SON WHO STILL LIVES WITH US, DYLAN, IS 26. UM, THE REASON WHY I WANTED TO SPEAK FOR BEFORE MR. WETZEL IS BECAUSE TO LET THE, THE, UM, THE NEIGHBORS KNOW WE ARE NOT GONNA IMPACT, UM, MR. HAM, I GUESS, UNFORTUNATELY DIDN'T TELL THE COMMISSION THAT THAT ACCESS OF HAMPTON IS ONLY EMERGENCY. WE'RE GONNA HAVE IT GATED WITH A NOX BOX. IT'S ONLY FOR POLICE, FIRE AND EMS. SO IT'S THE SAME SIZE VEHICLES, POLICE, FIRE, AND EMS THAT ARE GONNA ATTEND YOUR EMERGENCIES WITH BE COMING THROUGH EMERGENCIES BECAUSE IT'S, AS IT WAS STATED, THAT ACCESS OFF JOHN'S ROAD IS A PRIVATE ACCESS. NOW THE, THE NEIGHBORS HAVE EVERY RIGHT TO BE UPSET. WHY AREN'T YOU NEGOTIATING AND MAKING THAT A BETTER ACCESS? WELL, WE DID, WE OFFERED A MILLION DOLLARS TO THE WEITZMAN GROUP THAT HAS FIVE ACRES AND THEY DIDN'T WANNA HEAR IT. NO PRICE IS GONNA ALLOW THEM TO CHANGE THAT TO A PUBLIC ACCESS. SO $1 MILLION WASN'T ENOUGH FOR, FOR THEM. 2 MILLION WON'T BE ENOUGH. AND THE REASON WHY, I'LL TELL YOU WHY. THEY'RE A COMMERCIAL DEVELOPER. I DO COMMERCIAL PROJECTS. I'VE DONE THE MERCEDES DEALERSHIP HERE IN BURNIE, THE NISSAN DEALERSHIP, MARK MOTORS, THOSE FIVE ACRES. WHAT THEY WANT US TO DO IS THIS PROJECT TO DIE ON THE VINE SO THEY CAN ACQUIRE THOSE SIX ACRES AND HAVE AN 11 ACRE TRACK. WELL, A CAR DEALERSHIP FITS NICELY ON 10 AND 11 ACRES. SO THAT'S THEIR MOTIVATION. SO WE TRIED AND MADE EVERY EFFORT TO GET THIS PUBLIC ACCESS OFF JOHN'S ROAD. THEY DON'T WANT A DEAL. SO WE ARE ONLY, WE'RE NOT GONNA IMPACT, MY OWNER IS NOT GONNA DO CONSTRUCTION. NOT ONE VEHICLE'S GONNA GO THROUGH YOUR NEIGHBORHOOD. I WON'T ALLOW IT. I'M THE ARCHITECT. AND, UH, WHAT'S GONNA HAPPEN IS A HUNDRED PERCENT OF THE ACCESS, AS IT SHOWED IN THE UM, TRAFFIC ANALYSIS IS GONNA COME THROUGH JOHNS ROAD AND THAT PRIVATE POINT. SO MR. WILLIAM HAD DIDN'T STATE, I WANT THE COMMISSION AND THE CHAIR TO KNOW THAT IS A ONLY EMERGENCY GATED ACCESS. YOU SEE 'EM ALL OVER THE CITY. YOU SEE 'EM IN SAN ANTONIO, YOU SEE 'EM IN KENDALL COUNTY. WE ONLY ARE REQUIRED TO HAVE ONE ACCESS. OUR DENSITY IS VERY EQUAL TO THE HAMPTON DEVELOPMENT. IF YOU WERE TO TAKE OUR SQUARE FOOTAGE OF OUR DESIGN, THE FOOTPRINT IS THE SAME SIZE OF THEIR HOUSES. WE'RE PROPOSING DUPLEXES LIKE THE SKETCH SHOWS. [00:55:02] SO WHAT IT IS, IS THERE'S A, THE DUPLEX IS A COMMON WALL BETWEEN TWO UNITS. THEY'RE SINGLE FAMILY UNITS. THESE HOMES ARE GONNA SELL FOR 750,000 UP TO 900,000. THESE ARE NOT GONNA BE SHANTY HOMES. THESE ARE GONNA BE GREAT NEIGHBORS THAT ARE GONNA BE GOING, HAVING THEIR KIDS RAISE THEIR FAMILIES, JUST LIKE I RAISED MINE, JUST LIKE THEY'RE RAISING THEIRS. AND WHAT, WHAT WE HAVE IS 1250 PER EACH SIDE. THAT'S 2,500 SQUARE FOOT. THAT'S THE SAME SQUARE FOOTAGE AS THEIR HOUSES IN THEIR NEIGHBORHOOD. SO OUR DENSITY IS EQUAL TO THE HAMPTON, AND IT'S BY DESIGN. FOR US TO ALLOW ONLY ONE ACCESS, WE HAVE TO HAVE 30 UNITS OR LESS. WE HAVE 29. SO WE ARE MEETING ALL THE REQUIREMENTS OF THE CITY. WE'RE HERE. AGAIN, I'VE, I'M, I GO TO CHURCH HERE. I LIVE HERE, I'VE MADE PROJECTS. I CONVERTED THE OLD FUNERAL HOME INTO THE LOST OAK WINE CELLAR. I DO COMMERCIAL PROJECTS. I DO RESIDENTIAL PROJECTS. I LOVE THIS COMMUNITY. AND THIS PROJECT IS GONNA BE A JEWEL. AND WE'RE GONNA BE GOOD NEIGHBORS, VERY GOOD NEIGHBORS. AND NOTHING, WE'RE NOT GONNA IMPACT AT ALL. YOU'RE NOT GONNA SEE CONSTRUCTION, NO, NO VEHICLES ARE GONNA GO THROUGH THE NEIGHBORHOOD. ZERO IMPACT. NOW, IF THERE'S AN EMERGENCY, GOD FORBID, BUT THAT'S THE ACCESS. THEY HAVE A LOCKBOX, THE EMERGENCY FIRE POLICE AND EMS WOULD BE THE ONLY POINTS TO GET THROUGH THAT ONE AXIS. SO I'M HERE TO ANSWER ANY QUESTIONS, BUT I LIKE MR. WETZEL TO JUST KIND OF DO AN OVERVIEW BASED ON THE NEW DESIGN AND WHY WE HAVE TO DO THAT NEW DESIGN. THANK YOU. I APPRECIATE YOUR TIME. THANK YOU MR. WETZEL. GOOD TO SEE YOU AGAIN. GOOD MORNING COMMISSIONERS. GREAT TO SEE Y'ALL. SOME NEW FACES. MR. TAYLOR. COMMISSIONER TAYLOR, APPRECIATE YOU BEING HERE. UM, OBVIOUSLY WE'VE HAD SOME CHANGES, RIGHT? WE CHANGED THE DEVELOPMENT EFFECTIVELY. THE OLD PUD IS OUT. THIS IS A COMPLETELY NEW REQUEST, AND THAT CAME FROM ONE STIPULATION. THAT STIPULATION WAS THAT THE CITY ATTORNEY REVIEW THE ACCESS EASEMENT AND PROVIDE AN OPINION TO DATE. AS OF THIS EVENING. RIGHT NOW, WE HAVE YET TO RECEIVE ANYTHING IN WRITING FROM THE CITY ATTORNEY. WE REACHED OUT IMMEDIATELY FOLLOWING THE SEPTEMBER, UH, MEETING LAST YEAR, WHERE THIS, THE PREVIOUS PUD WAS APPROVED. WE REACHED OUT TO MR. MCCAMEY, NO RESPONSE. WE REACHED OUT AGAIN, NO RESPONSE. FINALLY, WE CONTACTED CITY STAFF AND THEY SAID, WE WILL HANDLE THAT. WE WERE CALLED INTO A MEETING AT CITY HALL ABOUT FOUR WEEKS AGO WHERE WE WERE NOTIFIED VERBALLY OF THE CITY ATTORNEY'S OPINION ON THE ACCESS EASEMENT. THERE IS ANOTHER STIPULATION NOW IN THE APPROVAL LANGUAGE THAT SAYS THAT ACCESS EASEMENT CAN BE MODIFIED ADJUSTED. I DON'T REMEMBER THE EXACT VERBATIM LANGUAGE TO SATISFY THE CITY ATTORNEY STANDING HERE TONIGHT. I HAVE NO IDEA WHAT THOSE REQUIREMENTS ARE OR MAY EVER BE FROM OUR STANDPOINT OF TRYING TO PUSH THIS THROUGH. WE HAD MEETINGS WITH BERNIE, ISD. UNFORTUNATELY, WE HAD TO ABANDON THAT ROUTE DUE TO THE ADDITIONAL REQUIREMENTS THAT WERE BEING REQUIRED JUST TO PRESENT TO THE BERNIE ISD BOARD THAT WERE COST PROHIBITIVE, INCLUDING FULL ARCHITECTURAL RENDERINGS AND ADDITIONAL REQUIREMENTS THAT THEY WERE PLACING ON THAT USE. AND THEN IN JUNE, OR I MEAN I'M SORRY, IN JULY, OR I'M SORRY, IN AUGUST, WE RECEIVED NOTICE IN PERSON VERBALLY THAT THE CITY ATTORNEY SAID THAT THAT ACCESS POINT ALONG THAT WESTERN FRONT WAS NOT ACCESSIBLE TO THE CITY. AND THAT THE CITY ENGINEER DURING THAT SAME MEETING STATED THAT THE ONLY VIABLE PUBLIC ACCESS POINT IS THROUGH HAMPTON PLACE IN THE RIGHT OF WAY THAT EXISTS TODAY AND WAS PLATTED AS SUCH 20 SOME ODD YEARS AGO. SO WE'VE HAD A LOT OF TIME TO GO THROUGH THIS. IN THAT MEANTIME, IN THAT YEAR PROCESS, WE COMPLETED A COMPLETE DESIGN OF THE WATER UTILITY, THE PA, THE PAVING, THE DRAINAGE, AND THE SEWER UTILITIES, AND SUBMITTED ALL THOSE IN JULY, WHICH KICKED OFF THE WHOLE PROCESS THAT GOT US TO RIGHT HERE TODAY. WE MET WITH THE PLANNING DEPARTMENT, THE ENGINEERING DEPARTMENT IN MID-AUGUST, APPROXIMATELY FIVE DAYS BEFORE THE DEADLINE TO MEET THIS AGENDA. THEY SAID, IF YOU HAVE IT SUBMITTED BY THE NEXT WEDNESDAY, WE MET ON A FRIDAY, WE WORKED THROUGH THE WEEKEND, WE UPDATED ALL THE DOCUMENTS, CHANGED THE DESIGN, AND CAME BACK TO THE TABLE WITH THIS TWICE SINCE WE SUBMITTED, WE WERE GIVEN LESS THAN 24 HOUR NOTICE BY THE PLANNING STAFF TO PROVIDE ADDITIONAL DOCUMENTATION, ONE OF WHICH WAS THAT PEAK HOUR, UH, PEAK HOUR TRIP GENERATION AND TURNING LANE. AND WE WERE TOLD YOU HAVE TO HAVE THIS IN WITHIN 24 HOURS JUST FOR THE CITY STAFF TO REVIEW IT IN ORDER FOR YOU TO BE ON THE AGENDA. AND THEN WE GET A PRESENTATION TONIGHT THAT THE CITY STAFF HAS BEEN UNABLE TO REVIEW THAT, BUT WE MET OUR [01:00:01] DEADLINE. WE CONTINUE TO JUMP THROUGH MULTIPLE HOOPS PLACED IN FRONT OF US BY THE CITY. AND WE ARE HERE TODAY SEEKING AN APPROVAL ON THIS NEW POD TO ALLOW US TO MOVE FORWARD. ONE OF THE NOTICES IN, UH, MR. WILLINGHAMS PRESENTATION WAS THAT THE DPZ VARIANCE THAT Y'ALL GRANTED IN FEBRUARY WAS IN EFFECT, IT IS NOT APPLICABLE. THIS IS A NEW PUD, A NEW REQUEST. THE OLD PUD GOES OUT THE WINDOW, WHICH MEANS WE WILL HAVE TO COME BACK FOR ANOTHER DPZ VARIANCE BECAUSE THERE IS ONLY ONE VIABLE POINT OF PUBLIC ACCESS FOR THIS PROPERTY. AND CHAIRMAN AND COMMISSIONERS, WE WANT TO ANSWER THE QUESTIONS BECAUSE MY CLIENT, THE BUYER OF THIS PROPERTY, UM, WANTS THIS TO BE A, UM, A, A JEWEL. HE WANTS, HE, THIS IS ONE OF MANY PROJECTS HE WANTS TO DO IN BERNIE, AND, UH, I'M HIS ARCHITECT ON ALL OF THEM. UM, I'VE DONE COMMERCIAL AND RESIDENTIAL IN TOWN. UH, EVERY PROJECT I I HELPED DEVELOP THE HILL COUNTRY MILE BACK THEN WITH RON BOWMAN AND CHRIS TURK. UH, THIS IS A COMMUNITY I'M PROUD OF AND I WANT THIS TO CONTINUE TO BE DONE AND DEVELOP THE RIGHT WAY AS THESE CITIZENS RE REQUESTED. AND THAT'S WHAT I'M HERE TO SAY. WE'RE HERE TO DO THE EXACT SAME THING AND FOLLOW THE CODES AND THE ORDINANCES. SO I'M HERE TO ANSWER ANY QUESTIONS. ONE LAST THING. WE MAY HAVE HAD SOME CROSS COMMUNICATION. UH, THE MR. MUNOZ FROM THE HOA CONTACTED DENNIS, UH, A COUPLE WEEKS AGO, AND THEY HAD A CONVERSATION AND DENNIS LAID OUT WHAT HE KNEW AND WHAT HE KNOWS ABOUT THE PROJECT. AND, AND THEN HE, HE GAVE ME HIS PHONE NUMBER. I DON'T KNOW IF I HAD THE WRONG PHONE NUMBER. I LEFT FOUR OR FIVE MESSAGES, CALLED HIM ON A DAILY BASIS, AND EVEN TEXTED THE PHONE NUMBER THAT WAS PROVIDED TO ME FOR THE HOA IN AN EFFORT TO MEET WITH THEM PRIOR TO THIS MEETING, TO LAY OUT WHERE WE'VE BEEN, WHERE WE'RE GOING AND WHAT OUR INTENTS ARE HERE. AND AGAIN, MAY HAVE HAD THE WRONG PHONE NUMBER. IT JUST WENT TO VOICEMAIL EVERY TIME I CALLED IT. AND I WOULD, I WOULD LOVE THE NEIGHBORS TO KNOW THE KIND OF FACTS. YOU KNOW, I'VE BEEN HERE SINCE 2000. BACK IN 2000, THIS, THE HEIGHT BUILDING HEIGHT FOR BURNING WAS 38 FEET. WELL, THE CITY HAD TO CHANGE THEIR HEIGHT RESTRICTIONS BECAUSE THEY BUILT THIS BUILDING. THIS BUILDING IS 56 FEET AND NOW THIS, THE HEIGHT RESTRICTIONS HAVE GONE UP TO 56 FEET. YOU KNOW, WHEN I SAW THAT LA QUINTO HOTEL GO UP, I WAS SO UPSET I FELT FOR THOSE NEIGHBORS BECAUSE I WOULD NEVER DESIGN ANYTHING LIKE THAT. I WOULD'VE PUT THE HOTEL ON THE COMMERCIAL SIDE OF THE PROPERTY LINE AND PUT THE PARKING LOT ON THE RESIDENTIAL SIDE. BUT THAT'S WHAT HAPPENS WHEN YOU HAVE ARCHITECTS THAT DON'T COME OUT TO THE SITE WHO, YES, I'VE DRIVEN THEIR NEIGHBORHOOD. I DO THAT BECAUSE BEFORE I PUT A PEN TO PAPER, I LOOK AT THE CONTEXT OF THE, THE COMMUNITY AND THE SITE. WELL, WHAT'S GONNA HAPPEN IF THIS DOESN'T BECOME A 29, 30 UNIT RESIDENTIAL? WEITZMAN'S GONNA GET A HOLD OF IT. THEY'RE GONNA PLOT THIS AS AN 11 ACRE TRACK. AND DON'T BE SURPRISED. A PART OF THEIR COMMERCIAL DEVELOPMENT IS GONNA BE A SIX STORY HOTEL. THAT'S, WE HAVE, THEY HAVE EVERY RIGHT TO PUT A 56 FOOT HIGH BUILDING HERE. THESE BUILDINGS ARE ONLY GONNA BE 32 FEET. RESIDENTIAL, SINGLE FAMILY WITH FA, WITH FAMILIES BEING RAISED IN THESE, THEY MAY BE EMPTY NESTERS, PEOPLE THAT COME FROM CORDERA THAT THEIR KIDS HAVE LEFT THE NEST, BUT THEY STILL GO TO CHURCH HERE. THEY WANNA HAVE FRIENDS HERE. SO THEY MOVE TO A COMMUNITY LIKE THIS, 750, UP TO A MILLION DOLLARS. THAT'S GONNA BE THE VALUE OF THESE UNITS. THANK YOU. APPRECIATE IT. AND THE GOOSE. MY PLEASURE. GOOD NEWS IS YOU ONLY USED 12 MINUTES. . THANK YOU. . LIKE I SAID, I'VE BEEN PRESENTING SINCE 2000, SINCE I'VE BEEN HERE. . ALL RIGHT. AT THIS TIME WE WILL MOVE INTO THE PUBLIC HEARING. I WILL CALL THIS PUBLIC HEARING OPEN AT EIGHT O'CLOCK ON THE DOT. UM, IS THERE ANYBODY THAT HAS NOT ALREADY SPOKEN, BUT HAS NOW HEARD CITY STAFF PRESENTATION AND APPLICANT PRESENTATION, THEY WOULD LIKE TO COME FORWARD AND SPEAK. CAN I SAY SOMETHING EVEN THOUGH I ALREADY SPOKE? YES, MA'AM. COME DOWN TO THE MICROPHONE AND YOU KNOW THE DRILL NAME AND ADDRESS AGAIN. OKAY. UH, MY NAME'S JENNIFER FIELDS. I LIVE AT ONE 20 HAMPTON RUN EAST. UM, I HEARD EVERYTHING THAT THE GENTLEMAN HAD SAID. I HEARD A LOT ABOUT WHAT HE'S DONE. I ACTUALLY WAS BORN IN BERNIE OFF OF ARANSAS PASS. SO IF ANYBODY HAS A BIG INTEREST IN THIS COMMUNITY, IT IS ME FOR SURE. UM, ESPECIALLY IN BERNIE. MY FAMILY HAS BEEN HERE SINCE THE SEVENTIES, SO THERE IS A LOT OF VALUE THAT WE BRING. UM, IN HAVING AN INTEREST IN THIS. I ALSO HEAR ABOUT A HIGH DOLLAR VALUE. OUR HOMES DON'T [01:05:01] COST THAT MUCH. WOULD IT BRING PROPERTY, OUR PROPERTY VALUE UP? I DON'T KNOW. BUT WE'RE ALL REGULAR WORKING PEOPLE. WE DON'T COME FROM CORDERA, WE DON'T COME FROM FAIR OAKS. WE ARE ALL JUST TRYING TO MAKE IT THE BEST THAT WE CAN WITH THE HOMES THAT WE LIVE IN. AND WE'RE JUST REGULAR PEOPLE. AND I JUST WANNA MAKE THAT KNOWN TO YOU GUYS BECAUSE THAT IS WHAT I HEARD. I HEARD ABOUT HIM AND WHERE HE LIVES AND WHEN HE CAME TO THIS COMMUNITY, YOU KNOW, THERE'S MULTIPLE PEOPLE HERE. ERIC AND I WENT TO SCHOOL TOGETHER. UM, ERIN SAYS THAT SHE'S ALSO FROM BERNIE. WE'RE ALL, THERE'S A LOT OF US THAT ARE FROM BERNIE WHO ALL WENT TO SCHOOL HERE FROM KINDERGARTEN, FIRST GRADE, AND UP. AND THEN WE ARE JUST REGULAR PEOPLE WORKING HERE THAT DON'T, THAT JUST MAKE REGULAR MONEY. WE'RE NOT RICH. OTHERWISE WE WOULDN'T PROBABLY LIVE IN THE VILLAS OF HAMPTON. SO I JUST WANT THAT TO BE KNOWN FOR THE RECORDS. THANK YOU. THANK YOU MS. FIELDS. THANK YOU MR. MUNOZ. UH, ERIC MUNOZ, 1, 3 7 HAMPTON COVE. UM, A LOT OF WHAT WE JUST HEARD SOUNDED GREAT, BUT IT'S THE PUTTING LIPSTICK ON A PIG IN MY OPINION. UM, WHEN, WHEN WE WERE LOOKING AT THE PROPOSED ENTRANCE, IT'S A PRIVATE ENTRANCE, AND HAMPTON WAY WOULD BE WIDE OPEN WITH A SECURITY GATE. WHAT IF THE PRIVATE ENTRANCE PERSON GOT MAD AND JUST DIDN'T ALLOW ACCESS ANYMORE? NOW WHERE THE ACCESS HAMPTON WAY IS THE ACCESS, AND IT DOESN'T TAKE MUCH FOR THEM TO TAKE THE GATE FROM OUR SIDE AND GO PUT IT ON THE PRIVATE SIDE. NOW THAT GUY'S HAPPY AND EVERYBODY'S HAPPY, EXCEPT THE PEOPLE WHO WERE DAMAGED BY IT. SO, AGAIN, TO REITERATE, WE'RE WE'RE NOT AGAINST DEVELOPMENT OF THAT PROPERTY. THIS IS JUST NOT THE PROPER WAY TO DO IT. IF THEY CAN WORK WITH THAT PRIVATE ENTRANCE, EVEN THOUGH THEY SAID THEY THREW A MILLION DOLLARS AT 'EM AND THEY DIDN'T TAKE IT TO MAKE ANOTHER ENTRANCE THERE, WOULD THAT SATISFY IT? IT, NOW, WHEN IT COMES TO BERNIE ISD, DID THEY ACTUALLY, DID THAT WHOLE THING ACTUALLY FALL THROUGH? OR WAS THERE NO COMMUNICATION? WHO KNOWS? UM, PROBABLY GET SOME MORE CONTEXT ON THAT AT SOME POINT, BUT OUR COMMUNITY CANNOT HANDLE THIS, AND WE WILL FIGHT IT. WE WILL COME EVERY TIME THAT THESE GUYS COME UP HERE. LAST TIME WE PROBABLY HAD 15 OR 20, WE STARTED OUT WITH 38. NEXT TIME IT'LL BE 70. NEXT TIME AFTER THAT, IT'LL BE ALMOST THE WHOLE COMMUNITY BECAUSE WE'RE SO TIRED OF HAVING TO DEFEND WHAT WE'VE ALREADY STATED. WE CAN'T ALLOW THIS. SO THAT'S WHAT I GOT. THANK YOU VERY MUCH. YES, SIR. COME ON DOWN. I JUST WANT TO COUNTER WHAT MR. MUNOZ SAID ABOUT THE ACCESS THAT WE WOULD AT ANY POINT MAKE A CHANGE AND SWITCH THE ACCESS POINTS. NO, THAT'S NOT TRUE BECAUSE THE, THE WEITZMAN GROUP HAS NO SAY ABOUT OUR ACCESS. THE ONLY TIME THEY HAVE A SAY IS IF WE NEED TO CHANGE THE EASEMENT FROM A PRIVATE TO A PUBLIC. THAT'S WHAT WE TRIED TO DO TO GET IT TO PUBLIC SO THAT EMERGENCY VEHICLES CAN GO THROUGH THERE. THEY ARE LEVERAGING US FOR A REASON. THEY WANT THESE SIX ACRES TO BE PART OF THEIR FIVE ACRES. SO WE HAVE THAT EASEMENT, ETERNITY FOR ETERNITY WE'RE IT'S PRIVATE AND THAT'S GONNA BE OUR ACCESS. WE'RE GONNA INVEST IN ACCESS FOR THE NEIGHBORS TO GO IN AND OUT OF THERE. IT'S, IT WOULD BE OUT OF THE WAY IF THEY WERE TRYING TO GET TO THEIR HOUSE TO GO THROUGH HAMPTON INN. THAT'S, THAT'S MORE THAN A SCENIC ROUTE. JOHN'S ROAD, YOU'RE IN AND OUT, AND THAT'S GONNA BE THE ACCESS POINT. SO THE ONLY THING, IT WILL REMAIN AEG GATED FOR FOREVER. AND THE ONLY ONES THAT ARE GOING TO ACCESS THAT ARE THE THREE EMERGENCY ENTITIES FOR BERNIE, THE POLICE, FIRE, AND EMS. THAT'S IT. THANK YOU. AND THEN JUST ONE, ONE LAST THING ABOUT, UM, UH, OH, THERE WAS ONE OTHER THING I WANNA MAKE POINT THE ACCESS AND THEN, OH, YEAH. SO NO MATTER WHAT MONEY WE THROW OUT AT, FOR, FOR THE WEITZMAN GROUP, THEY, THEY'RE NOT INTERESTED. THEY SAID, WE'RE NOT, WE'RE NOT GONNA GIVE YOU PUBLIC ACCESS. SO THEY HAVE NO SAY IN A PRIVATE. THAT'S OURS. IT'S OURS FOR ETERNITY. AND WE'RE GONNA KEEP IT. THANK YOU, MR. VALDEZ. AND, AND I'LL TELL YOU WHAT, INSTEAD OF COMING UP AFTER EVERY PERSON HAS A COMMENT, I'LL GIVE YOU SOME TIME AT THE VERY END OF THE OF OKAY. APPRECIATE. YEAH, ABSOLUTELY. YES. MY NAME IS ROMERO GUERRERO. I AM THE EXECUTIVE DIRECTOR OF, UH, OPERATIONS AT BISD. AND I CAN CONFIRM THAT WE DID MEET WITH THE OWNER AND THE OWNER'S [01:10:01] REPRESENTATIVE OF THIS DEVELOPMENT. WHAT I CAN TELL YOU IS THAT WE DID, UH, DISCUSS SEVERAL DIFFERENT OPTIONS, THINGS LIKE THAT, UH, WHETHER HE THOUGHT IT WAS, UH, COST PROHIBITIVE TO PROVIDE THE ITEMS THAT WE NEEDED. BUT THIS IS A SITUATION WHERE, UH, WE HAVE A BOARD OF TRUSTEES AND THEY'RE GOING TO BE ASKING QUESTIONS. THEY'RE GOING TO WANNA SEE HOW IT'S, IM IMPACTING NOT ONLY THE AREA, BUT ALSO THE SAFETY AND SECURITY OF, OF OUR SCHOOLS. THAT IS PRIMARY FOR US. IT IS SAFETY AND SECURITY. ONCE WE STARTED GETTING INTO THE, THE WEEDS, UH, WE STARTED TO UNDERSTAND WHERE WE WERE GOING. AND THERE AGAIN, WE JUST NEEDED SOME INFORMATION TO BE ABLE TO PRESENT TO THE BOARD OF TRUSTEES TO BE ABLE TO SEE IF THIS WAS VIABLE FOR US AND EITHER APPROVE OR DISAPPROVE. AND I CAN TELL YOU RIGHT NOW THAT THAT MEETING ENDED AND WE WERE IN EXPECTATION OF THESE, OF THESE ITEMS. AND TO DATE, WE'VE NEVER HEARD AGAIN FROM, FROM THESE, UH, FROM THE OWNER'S REPRESENTATIVE. SO, UH, I CAN CONFIRM THAT WE DID MEET, BUT, UH, WE MET ONE TIME. THANK YOU, MR. GUERRERO. YES, MA'AM. I JUST WANT TO SAY THAT THE IMPORTANCE AND THE VALUE THAT WE PUT ON OUR HOMES SHOULD BE EQUALLY AS IMPORTANT AS THE INVESTOR, MR. ELLI, WE'RE JUST ASKING YOU TO DO THE RIGHT THING. THAT'S ALL WE WANT. AND IT, AND IT'S NOT RIGHT TO DAMAGE OUR SITUATION, CHANGE OUR SITUATION SO THAT HE CAN BRING IN $750 UNITS A MONTH, I'M ASSUMING, OR MAYBE THEY'RE, YOU KNOW, FOREVER. I DON'T KNOW EXACTLY WHAT HE'S PLANNING TO BUILD, BUT THE PEOPLE FROM CORDERA ARE NO MORE IMPORTANT THAN WE ARE. AND I WANT, I JUST WANNA ASK YOU TO PLEASE LOOK INTO YOUR SOULS AND DO THE RIGHT THING. YES, MA'AM. THANK YOU. YES, SIR. GOOD EVENING. MY NAME IS DANIEL STEVENS. I LIVE AT 1 42 HAMPTON, RUN WEST. UH, I'VE LIVED IN THE COMMUNITY HERE SINCE AROUND 2000, BETWEEN COMFORT AND BERNIE. SOMETHING I HEARD JUST NOW REALLY RESONATED WITH ME THAT BSDS CONCERNS WERE FOR THE STUDENTS, THE KIDS AT THE SCHOOL, AND THE SAFETY AS THERE WAS A INGRESS EGRESS FOR THIS NEIGHBORHOOD, UH, THIS DEVELOPMENT BEING BUILT, WE HAVE THE SAME CONCERNS. OUR KIDS GO TO FAB, OUR KIDS GO TO THE MIDDLE SCHOOL. MY DAUGHTER WENT THERE. SHE'S A FRESHMAN AT BERNIE HIGH. NOW. WE DON'T DESERVE ANY LESS CONSIDERATION THAN THE SCHOOL DISTRICT DOES WHEN IT COMES TO ACCESS. THERE'S NOT BEEN GOOD FAITH DEMONSTRATED TO US AS A COMMUNITY BEFORE WE CAME HERE TONIGHT. WE WERE LED TO BELIEVE THAT THIS WAS AN ALL-IN ACCESS POINT, ONCE AGAIN THROUGH OUR CUL-DE-SAC. WHO'S TO SAY WHEN THAT CHANGES? THE DEVELOPER HASN'T BEEN UPFRONT AND HONEST WITH US AS THEY'VE COMMUNICATED WITH US AS A COMMUNITY. ARE THEY BEING UPFRONT AND HONEST WITH YOU? THANK YOU. IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK THIS EVENING BEFORE I CLOSE? YES, SIR. MR. SPINELLI, THIS IS GOOD. YEAH, THIS IS A GOOD TIME FOR YOU TO, YOU'LL ASK. SO I WANTED TO RESPOND TO, UM, BERNIE, ISD REPRESENTATIVE, UM, THAT, THAT EASEMENT IS 12 FEET COMPARED TO WHAT FIRETRUCK AND OUR EMERGENCY IS REQUIRED. SO IT WOULD NEED TO BE EXPANDED. THERE'S ALSO A 15 FOOT UTILITY EASEMENT THERE, WHICH MEANS YOU CAN'T DRIVE. I MEAN, IT WOULD HAVE TO MODIFY THAT. THAT'S ANOTHER THING. BUT THE DIFFERENCE BETWEEN, AND IT, AND IT IS, IT'S, UH, IT'S, IT'S SAD THAT WE HAVE TO SAY THIS, BUT YES, THE SCHOOL DISTRICT HAS THE RESPONSIBILITY NOW TO AVOID MASS SHOOTINGS. I'M SORRY. THAT'S JUST IN THE WORLD WE LIVE IN AND, AND SCHOOLS ARE TARGETS. SO HAVING A SECOND ACCESS, BY ALL MEANS, THE, THE BOARD OF TRUSTEES NEEDS TO SCRUTINIZE THAT. SO WHY GO DOWN THAT ROAD AND TRY TO PUT A SQUARE PEG IN A ROUND HOLE? BECAUSE NO MATTER HOW WE [01:15:01] SLICE IT OR DICE IT, WE'RE CREATING A SECOND POINT OF ENTRY INTO AN ELEMENTARY SCHOOL. AND MY, MY CLIENT WHO'S NEW, WE WEREN'T HERE FOR THE PREVIOUS DEVELOPMENT OF THE COMMISSIONS, SO THAT'S WHY I WANTED TO SPEAK FIRST. IT'S A, IT'S A NEW OWNER, AND MY OWNER DOES NOT WANT TO AT ALL IMPACT THAT, THAT ELEMENTARY SCHOOL, WHY HE HAS GRANDKIDS OF HIS OWN. HE WOULD HATE THAT THERE'D BE A, A LITTLE ACCESS FROM THE BACKSIDE OF THE WHY. WHY WOULD ANY SCHOOL WANT THAT? SO IT'S DIFFERENT THAN THE NEIGHBORHOOD. YOU DON'T HEAR MASS SHOOTINGS, YOU KNOW, NEIGHBORHOODS BEING TARGETED FOR MASS SHOOTINGS. IT'S A DIFFERENT, IT'S NOT APPLES TO APPLES COMPARISON. AND I JUST WANNA MAKE THAT POINT, AND I'M SORRY, MAYBE I SHOULDN'T HAVE USED COURTIER, BUT I MEANT EMPTY NESTERS. SOMEONE WHO LIVES YOU, YOU, THERE'S 10 ACRES IN BERNIE. SOMEONE WANTS TO DOWNSIZE AND MOVE FROM THEIR 10 ACRE TRACK, SELL IT AND MOVE INTO A SMALLER HOUSE LIKE THIS, THAT I'M NOT, I DON'T, I'M NOT TRYING TO SHOW THAT THERE'S DISPARAGING, UH, ECONOMIC SIT. YOU KNOW, THAT'S, THAT'S I'M, I, AS AN ARCHITECT, I CARE ABOUT EVERYONE THAT I DESIGN FOR. AND WHEN I DESIGN FOR MY CLIENT, I'M CONSCIENTIOUS OF WHO THE NEIGHBORS ARE ON NORTH, SOUTH, EAST, AND WEST. I LOOK AT EVERYTHING. I LOOK AT THE SCHOOL, I LOOK AT THE APARTMENTS, AND YES, I KNOW WHAT'S GONNA HAPPEN WITH THE COMMERCIAL BECAUSE I KNOW THAT DEVELOPER AND I KNOW WHAT DEVELOPERS DO FOR MAXIMIZING THEIR, THEIR RETURNS ON THAT INVESTMENT. SO YES, WE'RE GONNA BE VERY CONSCIENTIOUS AND KNOW THAT THAT ACCESS WILL NEVER CHANGE AS LONG AS, YOU KNOW, WE'RE, WE'RE DEVELOPING THE PROJECT. NOW, IF, IF YOU CHOOSE TO VOTE THIS DOWN, THEN MY, MY BUYER MAY JUST TURN AROUND AND SELL IT AND SAY, YOU KNOW, WHAT THE HECK WITH THIS GO, LET IT BE A COMMERCIAL DEVELOPMENT. BUT WE'RE, I'M HERE TO SAY I'M, YOU LOOK AT ALL THE PROJECTS I'VE DONE IN BERNIE, I'VE BEEN CONSCIENTIOUS ON ALL NEIGHBORS, USES TRAFFIC, VISIBILITY, KEEPING IT LOOKING LIKE BERNIE HILL COUNTRY, ALL THE ABOVE. BUT APPRECIATE YOUR TIME. THANK YOU. ONE JUST LAST CLOSING POINT. AND, UH, THAT'S TO ADDRESS THE, THE SCHOOL SAFETY ISSUE. WE INTEND TO PUT A FENCE ALL THE WAY AROUND THIS. THAT'S WHY WE HAVE ALSO ABANDONED THAT BISD. ONE THING MR. GUERRERO FAILED TO MENTION THAT'S BEEN CONFIRMED BY THE BSDS ENGINEER AND SURVEYOR. THERE IS AN EXISTING 12 FOOT PRIVATE ACCESS EASEMENT THAT RUNS FROM JOHNS ROAD ALONG THE WEST SIDE OF THE BISD TRACK, DOWN TO OUR TRACK. THERE'S ALSO A 15 FOOT UUE. NEXT TIME YOU DRIVE DOWN JOHNS ROAD, LOOK AT THE WEST SIDE OF THE BISD TRACK, YOU'LL SEE A, A DRIVEWAY, AND YOU'LL SEE A LOCKED GATE THERE THAT IS CURRENTLY ENCUMBERING THE ACCESS THAT'S GRANTED BY EASEMENT TO THE PROPERTY. AND BISD IS WELL AWARE OF THAT. WE ATTEMPTED TO WORK WITH BISD AND TRADE THAT THEY INSTEAD DECIDED THEY, THEY NEEDED $30,000 PLUS IN ARCHITECTURAL RENDERINGS TO CONSIDER TRADING AND CLOSING THAT PRIVATE ACCESS EASEMENT FROM JOHNS ROAD IN EXCHANGE TO MAKE IT A EMERGENCY ACCESS EASEMENT ONLY THROUGH THE EXISTING FIBER DRIVEWAY THAT WOULD BE FULLY GATED BY A KNOXX BOX. RIGHT NOW, THAT PRIVATE ACCESS EASEMENT SHOULD NOT BE GATED, LOCKED IN ANY WAY, SHAPE OR FORM, EVEN BY A KNOXX BOX. WE ARE VERY AWARE OF THE SCHOOL SAFETY ISSUE. I'VE GOT FOUR LITTLE KIDS MYSELF, BETWEEN THE AGES OF THREE AND EIGHT. THAT IS NOTHING THAT ANY OF US ARE GONNA PLAY WITH OR EVEN ENTERTAIN. THANK YOU, MR. WETZEL. LAST CALL FOR PUBLIC FOR PUBLIC HEARING SPEAKERS. YES, MA'AM. I JUST WANNA NOTE THAT I JUST FEEL LIKE I'M HEARING A LOT OF SCARE TACTICS FROM HIM SAYING THAT IN THE FUTURE, THIS, THAT, AND THE OTHER. RIGHT NOW WE KNOW WHAT WE KNOW. UM, I THINK I SPEAK FOR THE HOA BOARD THAT WE'RE WILLING TO TAKE OUR CHANCES WITH THE FUTURE. RIGHT NOW, WE DON'T LIKE WHAT THIS LOOKS LIKE, UM, FOR OUR NEIGHBORHOOD. AND IT JUST SEEMS LIKE WE'RE GETTING SADDLED WITH A LOT OF THIS BURDEN. WE HAVE NO BENEFIT FROM THIS AT ALL. I DON'T SEE ANY BENEFIT FOR US TO GIVE ANY ROOM TO THIS. WHEN THEY GET TO MAKE THEIR MONEY, THEY GET TO BUILD THEIR DEVELOPMENT. $750,000 DOES NOT MAKE A GOOD NEIGHBOR. MAYBE THEY DO, BUT THAT DOES NOT MEAN THAT THEY WILL BE GOOD NEIGHBORS. MONEY DOES NOT CREATE A GOOD NEIGHBOR. I HAVE PLENTY OF WONDERFUL NEIGHBORS IN THIS NEIGHBORHOOD WHERE WE ARE AN ENTRY POINT TO LIVING IN BURNEY. UM, AND WE DID NOT PAY THAT MUCH FOR OUR HOUSES. SO I JUST WANNA MAKE THAT NOTE, UM, THAT I'M NOT ENJOYING THE SCARE TACTICS COMING FROM THIS. LIKE IN THE FUTURE IT MIGHT BE, YOU KNOW, A CAR LOT OR SOMETHING. UM, RIGHT NOW WE KNOW WHAT WE KNOW AND WE JUST, WE CAN'T SUPPORT WHAT THIS [01:20:01] PLAN IS GOING TO DO FOR OUR NEIGHBORHOOD. THANK YOU. THANK YOU. OKAY. I WILL CLOSE THE PUBLIC HEARING AT 8:16 PM MR. WILLINGHAM, DO YOU HAVE SOME MORE ADDITIONAL TOPICS YOU'D LIKE TO COVER OR CAN WE OPEN UP FOR? I'M AVAILABLE FOR QUESTIONS FOR THE COMMISSION. OKAY. I'D JUST LIKE TO CLARIFY ONE POINT. SO I KNOW THERE'S BEEN DISCUSSION ABOUT, UM, THE GATE. AND SO REALISTICALLY WHAT WE'RE LOOKING AT TODAY IS WE'RE CONSIDERING, UH, THE PUD PACKET, WHICH IS YOUR ATTACHMENT FIVE. UM, THERE'S NO VERBIAGE IN THERE FOR A GATE. IT'S CALLS OUT FOR A FULL POINT OF ACCESS. SO I JUST WANTED TO CLARIFY THAT. THERE CAN BE A GATE. UM, IT'S JUST NOT INCLUDED IN THIS PACKET. OKAY. THANK YOU. I'LL OPEN IT UP FOR COMMISSION DISCUSSION. MR. KATES OFFICE. YEAH, I, I APPRECIATE EVERYONE BEING HERE TONIGHT. I DO WANT TO ADDRESS, UH, ONE COMMENT THAT WAS MADE ABOUT TRANSPARENCY. UM, I THINK EVERYBODY UP HERE HAS DRIVEN YOUR ROADS, AND IF ANY OF YOU WOULD LIKE TO GO BACK AND LISTEN TO THE MULTIPLE MEETINGS WE'VE HAD, I I THINK YOU'LL SEE NOTHING BUT TRANSPARENCY FROM THIS COMMISSION. SO I, I DO, I WOULD ENCOURAGE YOU TO DO THAT. UM, I WANT CLARIFICATION ON ONE THING UP FRONT IS THE CURRENT PUD NULL AND VOID, IT HAS NOT BEEN ACTED ON UPON BY THE COUNSEL. UH, THIS IS A NEW ONE BECAUSE THEY COULD NOT MEET THOSE STIPULATIONS. OKAY. UM, I HAVE SEVERAL CONCERNS. A LOT WAS BROUGHT UP TONIGHT, UH, ABOUT, UH, THE EASEMENT OWNER TRYING TO SQUEEZE HIM OUT BECAUSE HE WANTS TO BUY IT. IT'S GOT A FOR SALE SIGN ON IT. UM, IF THAT'S THE CASE, IF THE CURRENT EASEMENT OWNER IS UNWILLING TO COOPERATE BECAUSE THEY WANT TO END UP OWNING IT, UH, THE DEVELOPER CAN NOW SELECT THE ACCESS POINT THAT'S SHOWN ON THE, ON THE PUT APPLICATION, ONLY THE EASEMENT OWNER CAN. AND SO WE CAN GO THROUGH ALL THE MOTIONS TO DO ALL THE THINGS WE WANT TO DO. IF WE WERE TO APPROVE IT, ALL THE EASEMENT OWNER HAS TO DO IS SAY, NO, YOU CAN'T USE THAT AS ACCESS POINT. IT'S GOTTA BE DOWN ON THE SOUTH END OF THE PROPERTY, AND THE WHOLE BUD GOES AWAY AGAIN. AND SO, A LOT OF CART BEFORE THE HORSE HERE, I BELIEVE. UM, EVERY SINGLE MEETING WE'VE HAD ON THIS, THE DEVELOPER HAS GOTTEN UP HERE AND TOLD US ABOUT THEIR NEGOTIATIONS WITH BERNIE. ISD BERNIE, ISD HAS GOTTEN UP HERE AND TOLD US THAT THEN IT'S NOT THE THE STORY. AND SO THERE'S JUST TOO MUCH CONFLICT AND INFORMATION HERE. I DON'T SEE ANY WAY THAT IF WHAT WE HEARD TONIGHT IS TRUE ABOUT THE EASEMENT OWNER WANTING TO SQUEEZE HIM OUT, HE'S NOT GONNA GIVE 'EM THAT ACCESS POINT THEY WANT. UH, UH, THAT'S THE EASIEST WAY TO KILL THIS DEAL. UM, I DO THINK WE NEED TO RESPECT THE, UH, THE, THE RESIDENTS ARE ALREADY THERE. UM, UH, ANOTHER QUESTION I HAVE, THE ILLUSTRATION YOU GAVE, UH, SHOWED, WHICH WE'VE SEEN THAT MULTIPLE TIMES. WE SAW ALL THE ILLUSTRATIONS FOR THE AFFORDABLE HOUSING ON THE LAST TIME WE WERE UP HERE, AND NOW IT'S FOUR STORY MILLION DOLLAR PROPERTIES. UM, THE ILLUSTRATION SHOWS FOUR STORIES. R 3D ALLOWS TWO AND A HALF STORIES, OR 36 FEET HIGH. AND I'M NOT SURE IF THE ENTRANCE CORRIDOR REDUCES THOSE HIGH LIMITS OR NOT. THERE THERE'S THREE STORIES. THERE'S THREE STORIES, FLAT ROOF TO THE EASEMENT. WE, WE MEET THE REQUIREMENTS AND MR. CRANE CAN APPROVE. THAT'S, YOU KNOW, YOU CAN JUST, YOU KNOW, SO THAT ROOFTOP, UH, LIVING UP THERE WITH A, WITH A ROOF ON, IT DOESN'T COUNT ON THE HEIGHT. THAT'S NOT, THAT'S NOT OCCUPIABLE SPACE. IT, IT DOESN'T SAY OCCUPIABLE SPACE. IT SAYS 30 HEIGHT, SIX FOOT HIGH, MAXIMUM BUILDING HEIGHT ICAL SPACE MEANS BEDROOM, BATHROOM. SO A ROOF ROOF THAT IS NOT CONSIDERED. YOU WANNA ADDRESS THAT? GIMME A MINUTE. UM, THOSE ARE, I'LL WAIT WHILE HE'S LOOKING THAT UP. BUT THOSE, THOSE ARE MY INITIAL COMMENTS ARE, ARE THE THINGS THAT I SEE THAT REALLY BOTHER ME WITH THIS ENTIRE PRESENTATION. AND, AND, AND THE FACT THAT THE, THE OTHER PUDS STILL ACTIVE IS THIS PUD IT SOUNDS LIKE BERNIE, ISD IS NOT OUTTA QUESTION. IT JUST SOUNDS LIKE THEY NEED TO WORK. IF THEY'VE GOT A MILLION DOLLARS TO THROW AT AN EASEMENT, MAYBE THEY GOT A MILLION DOLLARS TO THROW AT BERNIE. ISD GO THAT WAY. . SO I, I DON'T KNOW. THIS JUST, UH, I'M HAVING A LOT OF ISSUES WITH THIS. I I WAS GONNA [01:25:01] ADD THAT IT'S, IT'S SCARY HOW MUCH COMMISSIONER GATES AND I ARE THINKING ALIKE THESE DAYS BECAUSE YOU HIT ALL MY POINTS, ALL MY POINTS TO BE, TO BEGIN WITH. AND I'LL, I'LL BE PERFECTLY HONEST WITH YOU, UH, THE COMMENT ABOUT TRANSPARENCY, I TOOK OFFENSE TO THAT BECAUSE IF YOU GO BACK AND LOOK AT THESE MEETINGS AND THIS, THIS PROJECT IN DIFFERENT ITERATIONS HAS BEEN BEFORE THIS, THIS, THIS, UH, BODY MULTIPLE TIMES AND MULTIPLE TIMES, WE HAVE, UM, EXPRESSED OUR CONCERNS WITH THE ACCESS POINT. RIGHT? AT THAT POINT, IT WAS FULL ACCESS. AND IF YOU GO BACK ON THE RECORD, I USED THE WORD, IT WAS A NON-STARTER FOR ME. IF THAT WAS GONNA BE A FULL ACCESS POINT. NOW IT'S, UM, IT'S AN EMERGENCY ACCESS POINT. I THINK IT CHANGES THINGS A LITTLE BIT. BUT I THINK DESPITE THAT, I THINK THERE'S A LOT OF HALF-BAKED EFFORTS HERE TONIGHT. UM, WHETHER IT'S FROM THE, THE DEVELOPER AND, AND, AND I, I GET IT. THERE'S, THERE'S, THERE'S, UM, OWNERSHIPS CHANGING. UM, BUT I THINK THERE'S AN OPPORTUNITY FOR THE DEVELOPER TO HAVE, UH, UM, COMMUNICATIONS WITH THE, UM, NEIGHBORS. AND I THINK THERE'S ALSO AN OPPORTUNITY FOR THE DEVELOPER, THE, THE OWNER, TO HAVE FURTHER CONVERSATIONS WITH THE CITY. 'CAUSE IT SOUNDS TO ME LIKE THERE'S SOME COMMUNICATIONS THERE THAT NEEDS TO HAPPEN AS WELL AS WITH THE, UH, THE BERNIE ISD. SO IT FEELS LIKE THERE'S, IT, IT ALMOST FEELS LIKE YOU CAME HERE TONIGHT TO HAVE A CONVERSATION. AND I DON'T KNOW THAT THAT'S, I DON'T KNOW THAT THAT'S THE BEST USE OF THIS, OF THIS FORM. THANK YOU. THANK YOU FOR SAYING THAT. AND I CAN TELL YOU, UM, TRANSPARENCY HAS BEEN A PILLAR FOR THIS PLANNING AND ZONING COMMISSION ON MANY ITEMS THAT HAVE PACKED THIS ROOM. AND WE HAVE, UH, OFTENTIMES DEMANDED TRANSPARENCY WHEN SOMETIMES IT WAS UNINTENTIONALLY, UM, DETAILS WERE UNINTENTIONALLY NOT SHARED. UM, SOMETIMES IT COULD HAVE BEEN THE OTHER WAY AROUND. BUT WE, THAT, THAT'S ONE THING THAT I THINK WE ALL DO IS, UM, STRIVE TO, TO FIND TRANSPARENCY. AND SO, UH, WE'LL CONTINUE TO DO THAT, UM, FOR THE CITIZENS OF BERNIE AND FOR THOSE THAT WANT TO DEVELOP IN BERNIE. SO THANK YOU FOR SAYING THAT. COMMISSIONER FINO, COMMISSIONER FRYER. I FEEL LIKE IT WOULD BE ALMOST IMPOSSIBLE TO MOVE FORWARD TONIGHT PERSONALLY, BECAUSE IT IS, EVERYTHING WE'VE HEARD IS CONFRONTATION. AND NOT IN A NEGATIVE WAY, BUT NOBODY'S ON THE SAME PAGE. I'M NOT EVEN SURE WE UNDERSTAND WHAT HAPPENED TONIGHT, NOR DID Y'ALL. AND I THINK WE ALL TOOK A VERY STRONG STAND ABOUT THE ACCESS THROUGH HAMPTON WAY. I, AND I, FOR ME PERSONALLY, THAT WILL NOT CHANGE. THAT'S NOT GONNA CHANGE TONIGHT. THERE WAS NOTHING COMPELLING. EVEN IF IT'S ONLY, UM, FOR EMERGENCY SERVICES AND IT'S GONNA BE GATED AND ALL THE THINGS, WHICH IS NOT WHAT'S ACTUALLY BEFORE US TONIGHT. UM, I DON'T THINK I COULD GET COMFORTABLE WITH THAT ANYWAYS, BECAUSE I DON'T KNOW THAT I HAVE A LEVEL OF CONFIDENCE TO KNOW HOW THAT CAN BE CHANGED OR WHO HAS THE AUTHORITY TO CHANGE THAT IN THE FUTURE. UM, I DON'T LIKE THE WAY THIS FEELS AT ALL TONIGHT ABOUT DID STAFF NOT RESPOND? DID WHO, WHO DIDN'T DO WHAT? I DON'T REALLY CARE. BUT THIS ISN'T THE FORUM FOR THAT. AND SO I WOULD MAKE A, I WOULD BE HAPPY TO MAKE A MOTION TO DENY THIS, UM, BASED ON SAFETY, SECURITY, AND THE DENSITY. IF, IF WE CAN'T, IF THEY CAN'T GET THE ACCESS THEY NEED, THEN THIS DENSITY MAY NOT BE APPROPRIATE FOR THIS LOCATION. 'CAUSE COMMISSIONER FRIAR, IS THAT A MOTION? I WOULD LIKE TO OFFER THE OTHER TWO AN OPPORTUNITY TO SAY ANYTHING FIRST. MR. KELLER. I WOULD REITERATE THE COMMENTS, UH, THAT THE FELLOW COMMISSIONER HAS MADE. I, I'M NOT CRAZY ABOUT HOW IT FEELS THAT THERE'S, HE SAID, SHE SAID GOING ON A LOT IN THIS. I, I HATE THAT IT'S KIND OF COME TO THAT, BUT, UM, ONE OF THE QUESTIONS I DO HAVE THAT HOPEFULLY NATHAN CAN ANSWER. SO THE PREVIOUS PUD THAT WE APPROVED, DID WE GIVE ACCESS, EMERGENCY ACCESS THROUGH HAMPTON? NO, WE DID NOT. OKAY. I WANTED TO CLEAR THAT UP. I, I THOUGHT, I KNOW THAT IT WAS BROUGHT UP, BUT I, AS WE'VE SAID THAT IT'S BEEN BEFORE US A FEW TIMES. UM, AND MR. MCCAMEY, YOU HAVE REVIEWED THE EXISTING EASEMENT YES, SIR. AND DEEMED IT INADEQUATE, IS THAT CORRECT? JUST THAT'S CORRECT. AND I WANTED TO MAKE IT CLEAR THAT I ADVISE STAFF. I DON'T ADVISE DEVELOPERS OR APPLICANTS DIRECTLY AND NEVER HAVE AND NEVER WILL, AND THEY HAVE THE FULL OPINION. BUT IT IS ATTORNEY CLIENT. [01:30:02] SO IT'S INADEQUATE. YES, INADEQUATE. OKAY. UM, I'LL BE HAPPY TO READ WHY I THINK SURE. I I WOULD LOVE TO HEAR THAT, UH, TO BE, UH, JUST A SECOND AND I'LL FIND WHAT, UH, TO BE ADEQUATE IN THIS TYPE OF A SITUATION FOR AN EASEMENT, UH, WE WOULD NEED A RECORDED ACCESS AND UTILITY EASEMENT IN FAVOR OF THE CITY, EXECUTED BY THE FEE OWNERS AND JOINED BY THE LIEN HOLDERS THAT MAY EXIST. IT HAS TO BE PERPETUAL OR IRREVOCABLE, NOT AMENDABLE OR TERMINABLE WITHOUT THE CITY'S CONSENT COVERS. EMERGENCY RESPONSE, LAW ENFORCEMENT, FIRE INSPECTION, SOLID WASTE, INSTALLATION, INSPECTION, MAINTENANCE, REPAIR OF ALL UTILITIES OPERATED BY THE CITY OR OUR NEIGHBORS. UH, EXPRESS EXCEPTION TO THE PROHIBITION ON IMPROVEMENTS COULD EXIST, BUT IT HAS TO BE LIMITED. UH, THE ABUTTING PROPERTY EXTENSION HAS TO BE, UH, EXPRESSED IN MEETS AND BOUNDS LOCATED BY MEETS AND BOUNDS, IMPROVED IN WRITING BY THE O OWNER OF THE NORTH BERNIE PROPERTY, AND SHOWN ON THE FINAL PLAT WHEN IT'S AVAILABLE, THE BLANKET ACCESS AND UTILITY EASEMENT TO THE CITY OVER ALL PRIVATE STREETS AND DRAINAGE AND UTILITY EASEMENTS WITHIN THE SUBDIVISION DEDICATED ON FACE OF A FU, ANY PLATS, AND WITH ASSOCIATION MAINTENANCE COVENANTS RELATED TO THE, EACH OF THOSE AREAS, INCLUDING THIS EASEMENT. UM, AND WE WOULD HAVE ADDITIONAL TITLE REQUIREMENTS REGARDING THE EASEMENT AND RE RECOMMENDATION AND ESTOPPEL CERTIFICATE ON FILE. NONE OF THOSE THINGS DO WE HAVE. THANK YOU. THAT BEING THE CASE, UH, I'M ALONGSIDE COMMISSIONER VERANO THAT, UH, IT BEING ANYTHING, I'M NOT EVEN SURE THAT I'M OKAY WITH EMERGENCY ACCESS, BUT ANY OTHER FULL ACCESS THROUGH HAMPTON PLACES A NON-STARTER FOR ME AS WELL. UM, CAN YOU BRING UP, WILL THE, OUR CRITERIA, AT THE VERY LEAST, THE VERY LEAST, AND I'M NOT GOING THROUGH ALL OF THEM, BUT AT THE VERY LEAST, NUMBER TWO ON APPROVAL CRITERIA IS NOT MET. UH, I WILL SAY THAT, AND THAT'S PROBABLY MY FINAL COMMENT, JUST THAT IF THAT IS ANYTHING MORE THAN EMERGENCY ACCESS, AND I'M NOT EVEN SURE WITH IT, IT BEING EMERGENCY ACCESS THAT NUMBER TWO HAS MET, BUT DEFINITELY NOT IF IT'S FULL ACCESS. THANK YOU. MR. TAYLOR. YEAH. CAN YOU GO BACK TO THE SLIDE THAT SHOWS THE, UM, THE AXIS? THE, THE, YEAH, THE, THE ACTUAL MAP. DO YOU WANT THE COLORED ONE? UH, THIS ONE RIGHT HERE IS GOOD. UM, THIS IS JUST A QUESTION, BUT, UH, AND I AGREE WITH EVERY, WHAT EVERYBODY SAID HERE. IT'D BE REALLY NICE IF BISD AND THE CITY AND THE DEVELOPER AND THE CURRENT OWNER ALL HAD AGREEMENT BEFORE EVEN COMING HERE. THAT'D BE AWESOME. BUT I KNOW THAT'S VERY DIFFICULT. BUT ON A, IS IT POSSIBLE THAT LIKE LOT NUMBER 20 COULD BE THE SECONDARY AXIS INSTEAD OF CONTINUING THROUGH, UM, THE HAMPTONS? MAYBE WE DON'T EVEN ANSWER THAT, BUT IS THAT POSSIBLE? COULD THAT BE THE SECONDARY ACCESS? SO THEN YOU AVOID ALL OF THIS? IT IS THE SAME WHAT THE ATTORNEY'S SAYING, IT'S NOT PUBLIC ACCESS. OKAY. SO LOT 20. UM, THERE WOULDN'T BE A SECONDARY. I WAS JUST CURIOUS ABOUT THAT. THE EASEMENT STILL WOULD NOT BE SUFFICIENT. OKAY. IT'S PRIVATE CURRENTLY, SO IT'S NOT BUILT FOR THAT REASON. AND WHERE IS THE CURRENT HISTORIC HOUSE? I'LL SHOW YOU THE AERIAL SO YOU CAN KINDA SEE A LOCATION. THE LEX SANITARIUM IS LOCATED RIGHT HERE. UH, SO THIS IS THE BUILDING THAT NEEDS TO BE, UM, APPROVED BY THE TEXAS HISTORIC COMMISSION AND THE HISTORIC LANDMARK COMMISSION IN ORDER TO HAVE ANY KIND OF, YOU KNOW, IF IT CAN BE MOVED. AND THE APPLICANT IS PROPOSING TO MOVE IT TO AN OPEN SPACE LOT OVER HERE IN THE TOP LEFT CORNER. SO I GUESS CURRENTLY THAT IS RIGHT IN THERE IN THE MIDDLE OF THE PATHWAY FOR THE PROPOSED ROAD? THAT'S CORRECT. OKAY. THAT'S ALL I HAVE. THANK YOU. I DO HAVE ONE OTHER QUESTION. COMMISSIONER FRIAR, I DO HAVE A QUESTION AND I, IT'S PROBABLY IRRELEVANT, BUT I'M JUST CURIOUS. SO MR. SPINELLI PURCHASED THIS PROPERTY IN DECEMBER OF 2020, IS HE NEGOTIATED THIS ACCESS EASEMENT AND IT JUST WASN'T AS WELL PLANNED TO SUPPORT THIS PROPERTY? NO. THE EASEMENT CODE, MR. WETZEL, COME DOWN, IF YOU DON'T MIND, COMMISSIONER FRIAR? NO, MA'AM. THAT EASEMENT WAS DEDICATED IN APPROXIMATELY 22,000, ABOUT 26 YEARS AGO. I DON'T REMEMBER THE EXACT DATE ON THE EASEMENT, BUT IT WAS ORIGINALLY NEGOTIATED, [01:35:01] UH, IN AROUND 2000. SO HE JUST ACQUIRED THAT THEN WITH THE PROPERTY? YES. AND WHAT WAS HER'S ORIGINAL INTENT OF THIS PROPERTY WHEN HE PURCHASED IT? WELL, I COULD TELL YOU JUST BECAUSE I LIVED HERE WHEN THAT WAS HAPPENING, BECAUSE OF THE DEVELOPER OF WHAT IS NOW BEST WESTERN LA QUINTA WAS, THEY SOLD THAT TRACK BEFORE THE WHITESMAN GROUP OWNED THIS PROPERTY. UH, IT WAS JOHN WHITE, IT WAS A BERNIE RESIDENT THAT OWNED THE ACREAGE, AND THAT ACREAGE INCLUDED THE LA QUINTA PAD. AND IN ORDER TO GET TO THE LA QUINTA, HAVING THAT ACCESS TO JOHN'S ROAD SO THAT IT JUST WOULDN'T BE I 10 JOHN, UH, JOHN OR THE PREVIOUS TO THE WEITZMAN GROUP, GAVE HIM THAT PRIVATE ACCESS ALL THE WAY TO LA QUINTA. AND SO THAT TRAPPED THIS TRACK LAND THAT SPINELLI DIDN'T OWN AT THAT TIME. SO THEY GAVE THAT EASEMENT ANYWHERE ALONG THAT PROPERTY LINE CAN HAVE A 25 FOOT ACCESS POINT. SO WHAT DID HE BUY THE PROPERTY FOR TO BEGIN WITH IN 2020? AN INVESTMENT TO TURN AROUND AND, AND, AND, YOU KNOW, GAIN, YOU KNOW, AND FLIP IT OR DEVELOP IT HIMSELF. AND THEN HE TESTED THE MARKET PLANS. I'M SORRY, THERE WERE NO REAL, HE DIDN'T HAVE A SPECIFIC VISION. WELL, HE FIRST LOOKED AT IT A COUPLE OF THINGS. FIRST, HE, HE WAS, UM, BEING REQUESTED BY THE APARTMENTS NEXT DOOR. THEY WANTED TO DO A PHASE TWO AND A PHASE THREE, BUT HE KNEW THAT WAS GONNA BE PROBABLY A NON-STARTER, YOU KNOW, HAVING APARTMENTS EXPAND ALONG THAT LINE. SO, YOU KNOW, I'VE, I'VE DONE WORK FOR MR. SPINELLI YEARS AGO AND HE ASKED ME, FRANK, WHAT DO YOU THINK? I SAID, IT'S GONNA HAVE TO BE RESIDENTIAL. YOU'RE NOT GONNA, YOU KNOW, YOU, YOU'RE, YOU'RE GONNA BE MET WITH, WITH, YOU KNOW, PUSHBACK IF IT'S COMMERCIAL BECAUSE OF THE HOTEL. I MEAN, LOOK WHAT LAQUINTA AND NOW BEST WESTERN, THEY LOOM OVER THAT NEIGHBORHOOD. IT'S HORRIBLE WHAT THEY DID. SO, YOU KNOW, UM, I WOULDN'T HAVE NEVER DONE THAT, BUT, YOU KNOW, WHEN THEY GAVE THAT PAD, SOLD THAT PAD SITE, THAT'S A CHEAPER PAD. WHEN YOU'RE ON THE CORNER, HARD CORNERS SELL FOR A LOT MORE. SO HOTELS, YOU NEVER SEE HOTELS ON HARD CORNERS. THEY'RE ALWAYS A ROW BACK FROM THE MAIN THOROUGHFARE BECAUSE IN ORDER FOR A HOTEL TO PENCIL OUT, IN FACT, THIS TRACK, AND I'M NOT TRYING TO DO SCARE TACTICS. I'M BEING A A, I'M, I'M HERE FROM BERNIE. IF YOU LOOK AT ALL HOTELS, HOTELS ARE NEVER ON THE MAIN STREET MAIN THOROUGHFARE. THEY USUALLY GET STEPPED BACK BEHIND THE HIGH END REAL ESTATE, JUST LIKE THE LA QUINTA IS. LOOK AT ALL THE HOTELS THAT ARE IN BERNIE, ALONG I 10. THEY'RE A TRACK BEHIND THE EXPENSE OF REAL ESTATE. AND THAT'S WHAT THE WEITZMAN GROUP IS WAITING FOR. THE REASON WHY THEY'RE NOT BUYING IT, SIR, IS BECAUSE THEY DON'T WANT TO PAY THAT MUCH PER SQUARE FOOT. THEY WANT TO GET IT FOR 20 10 CENTS ON THE DOLLAR. AND IF, IF THIS KEEPS GETTING TURNED DOWN, MR. SPINELLI IS GONNA SAY, OKAY, I CAN'T SELL IT. AND THEN IN COMES A WEITZMAN GROUP AND THEN DEAL WITH THEM. THEY'VE GOT, THEY GOT RESOURCES. AND I'M NOT, I'M NOT SCARING ANYBODY HERE. WE'RE NOT WORRIED ABOUT THAT. 'CAUSE WE STILL HAVE THE SAME ORDINANCES AND THE SAME ZONING LAWS. AND I UNDERSTAND THAT. BUT SEE, THIS, THIS ACCESS POINT RIGHT HERE, THIS IS ACTUALLY A PUBLIC RIGHT OF WAY, THAT IS A RIGHT OF WAY THAT'S ALREADY THERE. AND WE ARE SAYING WE ARE GONNA PUT A GATE THERE FOR EMERGENCY ONLY IN ORDER TO MEET THE CRITERIA BECAUSE YES, MR. MCCAMEY SAYS IT DOESN'T MEET THE ACCESS OF A PUBLIC ACCESS. SO, YOU KNOW, MY CLIENT IS WILLING TO JUST MAKE THIS, THE PRIVATE ACCESS HERE. AND, AND, AND THERE, THERE THIS OWNER, THE WEITZMAN GROUP HAS NO SAY I CAN, WE CAN PUT THIS ANYWHERE WE WANT. WHAT THEY HAVE A SAY IN IS CHANGING IT TO A PUBLIC ACCESS. SO THEY CAN'T LEVERAGE US. WE CAN PUT THIS RIGHT HERE AGAIN, SIR, THAT'S NOT WHAT THE PACKAGE SAYS. OKAY, WELL THEN THERE'S A DISAGREEMENT THEN AND HAVE TO JUST GO TO COUNCIL BECAUSE HOW CAN YOU HAVE PROPERTY IN THE CITY THAT YOU WANT TO GET ANNEX AND GET UTILITIES AND NOT BE GIVEN AN ACCESS EVERY THIS A CITY NEEDS TO GRANT ACCESS. AND IF THE CITY'S NOT WILLING TO GRANT ACCESS, THEN WHAT ARE WE DOING HERE? I MEAN, WE'RE NOT ASKING TO COME THROUGH BARRELING THROUGH THE SCHOOL DISTRICT. WE'RE NOT COMING TO BARRELING THROUGH HAMPTON INN, A HAMPTON PLACE. WE'RE WE'RE TRYING TO COME IN THROUGH THE ACCESS THAT WAS GRANTED BY A RECORDED DOCUMENT. SO WHAT ARE YOU TELLING MR. SPINELLI? HE'S GOT A PIECE OF DIRT, NOT WORTH ANYTHING. HE HAS NO ACCESS. WELL, I THINK HE JUST HAS TO FIND A DIFFERENT PROJECT FOR IT. THAT WOULD BE MORE FITTING FOR WAREHOUSING. [01:40:01] I MEAN, WHAT, WHAT IS IT GONNA BE THAT'S NOT, IT'S NOT RESIDENTIAL. THAT'S NOT MY JOB TO FIX IT. I UNDERSTAND THAT. BUT YOU STILL HAVE TO HAVE ACCESS, EVEN IF IT'S A WAREHOUSE. THANK YOU MR. VALDEZ. OKAY. APPRECIATE IT. DO WE HAVE A MOTION? YES, I'LL MAKE A MOTION. UM, I MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND DENIAL OF THE PROPOSED PLANNED UNIT DEVELOPMENT FOR THE FOUR 6.46 ACRE TRACT LAND LOCATED AT 7 27 A JOHNS ROAD. AND, UM, ON THE, THE REASONS OF NUMBER TWO ON OUR SLIDE, HEALTH AND SAFETY, UM, THAT IT WILL NOT PREVENT THE REASONABLE USE AND ENJOYMENT OF NEIGHBORING PROPERTY. AND I'M NOT SO SURE IT MEETS NUMBER FIVE, EITHER THAT IT MEETS A CITYWIDE NEED. AND WE WERE ALSO GONNA ADD NUMBER TWO FOR ADDITIONAL BUD CRITERIA. IS THAT CORRECT? COMMISSIONER KELLER? WAS THAT YOUR DID NUMBER? WE WERE ON THE APPROVAL CRITERIA. OKAY. JUST DOUBLE CHECKING. YES, SIR. BEFORE WE MOVE INTO MAKING OUR DECISIONS HERE, I JUST WANT TO TAKE THE OPPORTUNITY TO THANK YOU ALL. THANK EVERYBODY WHO HAS COME DOWN TO SPEAK. UM, MR. VALDEZ, MR. WETZEL, THIS IS THE FOURTH TIME. MR. WETZEL, I THINK WE'VE SEEN YOU. UM, WE SPENT A LOT OF TIME ON THIS ITEM AND NO DOUBT THAT THERE IS POSSIBLY A FUTURE SOLUTION THAT WE COULD COME ALL COME TOGETHER ON. UM, I ALSO WANT TO THANK THE APPLICANTS THAT ARE HERE FOR THE REST OF THE AGENDA ITEMS. WE'VE GOT A, A FAIRLY LENGTHY EVENING AHEAD OF US. AND SO, UH, THIS IS OUR FIRST AGENDA ITEM. SO REGULAR AGENDA ITEM, UM, SO TO SPEAK ON. AND SO, UM, THANK YOU ALL. THANK EVERYBODY HERE FOR YOUR PATIENCE. AND SO AT THIS TIME, UM, WE HAVE A MOTION FROM COMMISSIONER FRIAR WITH ANYBODY SECOND THAT MOTION COMMISSIONER GATES A SECOND. IT, IF YOU'LL ALL MAKE YOUR SELECTION AND THE MOTION PASSES FIVE TO ONE. THANK YOU ALL. I THINK, UH, IS IT TIME FOR MAYBE A, A QUICK FIVE MINUTE RECESS SO EVERYBODY CAN RUN TO THE RESTROOM? IS THAT APPRECIATE? YEAH, FIVE MINUTE RECESS. EVERYBODY CAN USE THE RESTROOM IF NEEDED. AND WE WILL, UH, BE BACK AT 8 44. ALRIGHT, IT'S MONDAY, SEPTEMBER 14TH AT 8:49 PM WE ARE BACK IN SESSION. MOVING [Items 6.2026-396 & 6.2026-397] FORWARD TO A REGULAR AGENDA ITEM 20 26 3 9 6. WE'RE TO HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION TO REZONE APPROXIMATELY 13.4 ACRES OF LAND FROM HOLDING DISTRICT TO C3 COMMUNITY COMMERCIAL DISTRICT. GENERALLY LOCATED ALONG TO 31,300 BLOCK TO 31,400 BLOCK OF I 10 A POTENTIAL AUTO DEALERSHIP, FRANKLAND ER. GOOD EVENING. GOOD EVENING COMMISSION. UH, SO THIS EVENING I WILL BE PRESENTING, UH, BOTH OF THE NEXT TWO ITEMS TOGETHER. HOWEVER, THEY ARE SEPARATE PUBLIC HEARINGS, SO THEY WILL NEED TO BE VOTED ON SEPARATELY. UH, HOWEVER THEY'RE CONCERNING. UM, UM, MOST OF THE SAME TRACK. YOU'LL SEE THAT THERE IS SOME DIFFERENCE BETWEEN THE TWO. SO HERE IS AN AERIAL IMAGE. UM, THIS IS LOCATED AT 31 300 DASH 31 400 BLOCK OF IH 10. UH, THE APPLICANT WHO IS HERE TONIGHT IS WITH ASHLEY FAIRMONT, WITH UH, COLLEEN GRIFFIN AND FAIRMONT PLLC. UM, THERE ARE SEVERAL DIFFERENT PROPERTY OWNERS FOR THIS TRACT. UH, AND IT IS 13.4 ACRES AND IT'S CURRENTLY VACANT, UM, OR PREVIOUSLY DEVELOPED, UH, AND NOW NOT BEING UTILIZED FOR A COMMERCIAL BUSINESS. UM, AND THE REQUEST IS TO, UH, UM, ACTUALLY THEY'VE SUBMITTED SEVERAL DIFFERENT APPLICATIONS. ONE, THIS PROPERTY IS OUTSIDE OF CITY LIMITS, SO THEY HAVE REQUESTED ANNEXATION. CONCURRENT TO THAT, THEY HAVE ALSO REQUESTED REZONING, WHICH IS THE PUBLIC HEARING WE'RE ON PRESENTLY. UM, ONCE THE PROPERTY IS, UH, ANNEXED, IF IT IS ANNEXED INSIDE CITY LIMITS, IT WILL AUTOMATICALLY BE PLACED INSIDE THE HOLDING DISTRICT AND THEY'RE [01:45:01] REQUESTING TO REZONE THAT TO C3 COMMUNITY COMMERCIAL. AND THEN THE NEXT ITEM IS THEIR FINAL APPLICATION, WHICH IS AN SUP. HERE IS THE FUTURE LAND USE MAP OF THE AREA. UH, THIS PROPERTY IS AUTO ORIENTED COMMERCIAL, WHICH IS A DESIGNATION THAT SEEKS TO PRIORITIZE COMMERCIAL USES WITH VEHICULAR ACCESS ALONG MAJOR ROADS AND THOROUGHFARES. UH, AS YOU CAN SEE, THIS IS, UH, A GOOD CHUNK OF THE AREA ALONG ATTEN. HERE IS A ZONING MAP. AS I MENTIONED, THIS PROPERTY IS OUTSIDE OF THE CITY LIMITS CURRENTLY. UH, HOWEVER, UH, ONCE ANNEXED IT WILL BE DESIGNATED AS HOLDING DISTRICT AND THEY, THEY'RE REQUESTING A REZONING, UH, REZONING IT TO C3 COMMUNITY COMMERCIAL ZONING DISTRICT. THIS PROPERTY IS ALSO WITHIN THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT. UM, ALL PROPERTY ALONG AT 10 IS WITHIN IT. SO THIS WOULD ALSO APPLY AUTOMATICALLY ONCE IT WAS, UH, ANNEX INTO CITY LIMITS. THE SURROUNDING USES, YOU CAN SEE WE DO HAVE C3 TO THE NORTH HERE. THIS IS A DIFFERENT, UH, CAR DEALERSHIP, UH, TO THE NORTH OF THIS PROPERTY. IT IS C TWO. THIS LOT DOES NOT HAVE FRONTAGE ON, UH, AT 10. AND THEN ACROSS THE HIGHWAY WE DO HAVE C FOUR COMMERCIAL AND IT IS SOME CAR DEALERSHIPS AS WELL. HERE'S AN ENVIRONMENTAL CONSTRAINTS MAP. THERE IS NO FLOODPLAIN OR A DPZ ON THIS SITE, HOWEVER, IT IS LOCATED WITHIN THE LOWERED GLENROSE, UH, BUFFER ZONE. UM, ACTUALLY, UH, THIS PROPERTY, UH, AS PART OF THEIR SUP AND AS THEY GO THROUGH THE PLATTING PROCESS, DID PERFORM A GEOLOGIC ASSESSMENT OF THE SITE. AND, UH, NOTHING, UH, UNORDINARY WAS UNEARNED. SO THE KEY FINDINGS AND ANALYSIS FOR THIS REZONING IS THAT THE PROPOSED ZONING DISTRICT IS CONSISTENT WITH THE COMPREHENSIVE MASTER PLAN. THAT THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE EXISTING DEVELOPMENT PATTERNS AND THE FUTURE LAND USE DESIGNATION OF THIS, UH, AREA. THE PROPOSED ZONING DISTRICT IS CONSISTENT WITH THE APPROVAL CRITERIA LISTED IN UDC SECTION TWO, UH, FIVE C FIVE. THERE WAS A BURNING NEIGHBORHOOD DISCUSSION MEETING THAT WAS HELD, UH, FOR THIS CONCERNING THE SUP, UH, AS WELL AS THE REZONING ON JUNE 16TH, 2026. NO MEMBERS OF THE PUBLIC ATTENDED FOR THIS MEETING TONIGHT. UH, THERE WERE MAILED NOTIFICATIONS TO 33 PROPERTY OWNERS WITHIN 500 FEET OF THE SITE. IT WAS PLACED IN THE BERNIE STAR ON AUGUST 30TH, 2026. AND THE ONSITE NOTICE SIGN WAS POSTED ON JULY 17TH, 2026. UM, UH, IN PREPARATION OF THIS PRESENTATION, WE HAD RECEIVED EIGHT RESPONSES IN SUPPORT. THE PLANNING AND ZONING COMMISSION, UH, SHOULD HOLD A PUBLIC HEARING AND DETERMINE IF THIS REQUEST SATISFIES THE APPROVAL CRI CRITERIA CONTAINED WITHIN THE UDC, SECTION TWO FIVE C FIVE. AND HERE ARE SOME MOTIONS FOR YOUR CONSIDERATION. I'M HAPPY TO TAKE ANY QUESTIONS YOU HAVE ABOUT THE REZONING OR WE CAN MOVE FORWARD TO LOOK AT THE PROJECT FOR THE SUP. IT DOESN'T LOOK LIKE THERE'S ANY QUESTIONS ON THE ZONING. OKAY, LET'S MOVE FORWARD. ALRIGHT, LET PERFECT. SO HERE WE HAVE THE AREA MAP OF THE RE UH, EXCUSE ME, OF THE SUP. YOU CAN SEE IT'S A SLIGHTLY SMALLER AREA AS THE REZONING ALSO INCLUDES THIS TRACK RIGHT HERE, THIS IS NOT INCLUDED WITHIN THE SUP APPLICATION. SO THIS IS, UH, AUTO ORIENTED COMMERCIAL WITHIN THE FUTURE LAND USE MAP, SAME ZONING AS JUST DESCRIBED, SAME ENVIRONMENTAL CONSTRAINTS AS DESCRIBED. AND HERE WE'RE GONNA TALK ABOUT THE SEP PROJECT ITSELF. SO THE SEP LOT SIZE IS 8.3 ACRES. THEY'RE PROPOSING A BUILDING 43,313 SQUARE FEET. THE USE IS GONNA BE AN AUTOMOBILE DEALERSHIP FACILITY CONSISTING OF VEHICLE, SHOWROOM, ADMINISTRATIVE AND SALES OFFICES, CUSTOMER WAITING AND LOUNGE AREAS, PARTS SALES AND STORAGE SERVICE WRITEUP AREAS, AND AUTOMOBILE SERVICE AND REPAIR BASE. THE SALES HOUR OF OPERATION WOULD BE MONDAY THROUGH FRIDAY, 8:00 AM TO 8:00 PM SATURDAYS WOULD BE 9:00 AM TO 7:00 PM AND THEIR SERVICE HOURS WOULD BE MONDAY THROUGH FRIDAY, 7:00 AM TO 6:00 PM AND SATURDAY 7:30 AM TO [01:50:01] 3:00 PM HERE IS THE SITE. FIRST WE'RE GONNA TAKE A LOOK AT ACCESS. SO THEY'RE PROPOSING ONE MAIN ACCESS TO THE SITE ON THE FEEDER ROAD. AND THIS WOULD BE A NEW ACCESS. THEY'RE PROPOSING A SECONDARY ACCESS SLIGHTLY TO THE SOUTH ALSO ON THE FEEDER ROAD. UM, THIS WOULD BE LIMITED FOR DELIVERIES AND DROP OFFS. AND THIS IS AN EXISTING, UH, DRIVEWAY. THEY'RE ALSO PROPOSING TO REMOVE TWO EXISTING ACCESS POINTS. SO IF YOU WERE GO OUT THERE TODAY, THERE WOULD BE THREE ACCESS POINTS THEY'RE PROPOSING TO CLOSE TWO OF 'EM, OPEN ONE NEW ONE AND MAINTAIN ONE. UM, FOR TRAFFIC, TDOT APPROVAL IS REQUIRED FOR DRIVEWAY LOCATIONS AND THE NUMBER, AND THEY HAVE BEEN WORKING WITH OUR ENGINEERING, UH, TEAM WITH THEIR TRAFFIC IMPACT ANALYSIS, INCLUDING RESUBMITTING TODAY. OOPS. OKAY. UM, AND HERE WE'RE GONNA TALK ABOUT THE PARKING ON THE SITE. SO EACH OF THESE COLORS REPRESENT A DIFFERENT TYPE OF PARKING SPACE ON THE SITE. IT'S A TOTAL OF 374 PROPOSED PARKING SPACES. THIS PINK ONE, THIS PINK COLOR WHERE, UH, WOULD BE THE SERVICE QUEUE PARKING. AND THEY'RE PROPOSING 40 SPACES. THIS TEAL COLOR IS THE DISPLAY SLASH INVENTORY PARKING, AND THAT'S 270 SPACES. THIS WOULD BE THE VEHICLES THAT WERE FOR SALE. THE ORANGE TAN COLOR IS EMPLOYEE PARKING AND THEIR PROPOSING 37 PARKING SPACES. AND THIS, UM, PERIWINKLE BLUE PURPLE COLOR IS A CUSTOMER PARKING, AND THAT WOULD BE 24 SPACES, INCLUDING IN THAT IS, UM, ALSO, EXCUSE ME, RIGHT HERE IN THE PURPLE WOULD BE SOME HANDICAP SPACES. THREE OF 'EM AS WELL FOR A TOTAL OF 374 PARKING SPACES. SO HERE IS THE TREE SURVEY ON THE SITE. THE APPLICANTS ARE PROPOSING TO REMOVE NINE STANDARD CATEGORY TREES, 29 LEGACY TREES, AND 10 HERITAGE CATEGORY TREES. AND TO PRESERVE A TOTAL OF 88 TREES ON SITE. I WOULD LIKE TO STATE THAT THIS HAS, UH, GONE THROUGH MULTIPLE RENDITIONS AND IT WAS THROUGH EFFORT OF OUR ENVIRONMENTAL PROGRAMS MANAGER AND THE APPLICANT TO GET THE PRESERVATION RATE HIGHER. ON THIS SITE, HERE IS OUR LANDSCAPING PLAN. SO IN ADDITION TO THE 88 PRESERVED TREES, UM, THERE ARE SIX ADDITIONAL TREES THAT WILL BE REQUIRED. UM, THE, UH, THE FINAL SELECTION AND PLACEMENT WILL BE COORDINATED WITH STAFF AND OF COURSE THERE WOULD BE AN EMPHASIS ON DROUGHT RESISTANT AND NATIVE SPECIES. THEY'RE PROPOSING RAINWATER HARVESTING AND HVAC CONDENSATE CAPTURE FOR IRRIGATION AND OTHER NON POT, NON POTABLE USES. AND RIGHT HERE IS WHERE THEY'RE PROPOSING THE TANK. THIS INCLUDES AN IMPERVIOUS COVER OF 55.4%, WHICH IS BELOW THE 85% ALLOWED IN THE ZONING DISTRICT. AS MENTIONED, THIS IS WITHIN THE GLENROSE BUFFER AND THEY DID COMPLETE THE STUDY. UM, THEY ARE ALSO PROPOSING LID BIO TENSION, UH, FEATURES A 30 FOOT IH 10 BUFFER TO MEET THE OVERLAY REQUIREMENTS. AND OF COURSE IT WILL BE DARK SKY COMPLIANT LIGHTING. UM, AFTER ANNEXATION, THEY'RE PROPOSING TO HAVE CITY PROVIDE WATER, SEWER, AND ELECTRIC, AS WELL AS USING AN EXISTING, UH, WATER WELL, UH, TO REMAIN FOR IRRIGATION. UH, FOR THAT THEY WOULD NEED TO MEET ALL OF COW CREEK'S REQUIREMENTS IN ORDER TO, UM, UTILIZE THAT. SO LOCATED HERE ON THE, UM, SOUTHERN SIDE OF THE PROPERTY IS A RESIDENTIAL NEIGHBORHOOD. AND SO THEY ARE PROPOSING SOME ADDITIONAL RESIDENTIAL SCREENING BETWEEN THE USES. UH, AND THAT IS, EVEN THOUGH THAT PROPERTY IS OUTSIDE OF CITY LIMITS, AS OF NOW, UH, EXCUSE ME, IT'S OUTSIDE OF CITY LIMITS. FULL STOP. UH, SO HERE ON THIS RED LINE, THERE IS AN, UH, THEY'RE PROPOSING AN EIGHT FOOT MASONRY SLASH STONE FENCE AT THE PROPERTY LINE, UH, AS WELL AS HERE WHERE THEY'RE PROPOSING A EIGHT FOOT TALL, UH, RETAINING WALL TO INCLUDE A FOUR FOOT TALL, UH, MASONRY SLASH STONE SCREEN. AND THAT WOULD HELP KEEP ANY HEADLIGHTS OR ANYTHING LIKE THAT FROM GOING INTO THE RESIDENTIAL LOTS. THERE ARE SOME EXISTING SIGNS ON SITE, NOTABLY AN EXISTING POLE SIGN AND AN EXISTING OFF-PREMISE SIGN, UH, WHICH IS, UH, OTHERWISE KNOWN AS A BILLBOARD. HERE IS A CLOSEUP. THEY ARE HERE ALONG THE FEEDER ROAD. [01:55:01] SO THE GREEN IS THE PULSE LINE, WHICH THEY'RE PROPOSING TO REMOVE. AND THE RED HERE IS THE, UH, OFF-PREMISE SIGN, WHICH, UH, IS OWNED BY A THIRD PARTY. UM, AND, UH, THEY'RE PROPOSING TO REMAIN IT TO REMAIN. AND HERE IS, UH, IMAGE FROM GOOGLE WHERE YOU CAN SEE THE BILLBOARD AND THE PULLUP. SO KEY FINDINGS IS THAT THIS, UH, SPECIAL USE PERMIT IS COMPREHENSIVE, UM, EXCUSE ME, IS COMPATIBLE WITH THE COMPREHENSIVE PLAN WITH THE ZONING, UM, ORDINANCE WITH DESIGN CONSTRAINTS, ACCESS, CIRCULATION AND PARKING, ENVIRONMENTAL CONSIDERATIONS AND UTILITIES. THIS WAS PART OF THE BERNIE NEIGHBORHOOD DISCUSSION MEETING. UH, BACK ON JUNE 16TH. THE NOTIFICATION WAS MAILED TO 32 PROPERTY OWNERS WITHIN THE 500 FOOT RADIUS. UM, AND IT WAS PLACED INSIDE THE BERNIE STAR ON AUGUST 30TH. AND THE ONSITE SIGN WAS POSTED ON JULY 17TH. AND FOR THIS, WE ALSO RECEIVED EIGHT LETTERS IN SUPPORT. SO NEXT WE HAVE, UH, SOME RECOMMENDATIONS FOR STIPULATIONS IF, UH, PLANNING AND ZONING COMMISSION CHOOSE TO RECOMMEND APPROVAL FIRST IS THAT THE DEVELOPMENTS SHALL BE SUBSTANTIALLY, UH, CONSISTENT WITH THE APPROVED PROJECT NARRATIVE AND SITE PLAN. UH, DATE STAMPED SEPTEMBER 4TH, 2026, EXCEPT AS MODIFIED BY THESE CONDITIONS OF APPROVAL OR APPROVED ADMINISTRATIVELY BY THE PLANNING DIRECTOR. THAT THE DEVELOPMENT SHALL INCLUDE RAINWATER HARVESTING AND HVAC CONDENSATE CAPTURE CONNECTED TO AND INTEGRATED WITH THE SITE'S PERMANENT LANDSCAPE IRRIGATION SYSTEM. AND IN COMPLIANCE WITH UDC SECTION EIGHT DASH SIX RAINWATER HARVESTING MINOR MODIFICATIONS TO THE SYSTEM'S LOCATION, SIZE OR CONFIGURATION MAY BE APPROVED ADMINISTRATIVELY BY THE PLANNING DIRECTOR, PROVIDED THE WATER CONSERVATION INTENT IS MAINTAINED THAT ALL EXISTING SIGNAGE, INCLUDING THE POLE SIGN AND THE BILLBOARD SHALL BE REMOVED PRIOR TO ISSUANCE OF A SITE DEVELOPMENT PERMIT. PRIOR TO APPROVAL OF LOCS OR A, UH, SITE DEVELOPMENT PERMIT, THE APPLICANT SHALL SUBMIT A TIA FOR REVIEW AND APPROVAL BY THE CITY. THE APPLICANT SHALL CONSTRUCT ALL ROADWAY AND ACCESS IMPROVEMENTS REQUIRED BY THE TAA, INCLUDING A RIGHT TURN LANE, MODIFICATIONS TO DRIVEWAY CONFIGURATION AND SPACING, AND ANY IMPROVEMENTS REQUIRED BY THE CITY OF BURN AND OR TXDOT PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. THE APPLICANT SHALL COORDINATE WITH CITY STAFF TO MEET THE MINIMUM TREE PLANTING REQUIREMENTS PER THE UDC. THIS INCLUDES SELECTING, UH, NATIVE OVERSTORY TREE SPECIES AND PROVIDING IRRIGATION. FINAL PLACEMENT AND SPECIES SELECTION SHALL BE APPROVED BY THE PLANNING DIRECTOR. FINAL PHOTO METRICS SLASH LIGHTING PLANS AND TREE PRESERVATION SLASH MITIGATION PLANS SHALL COMPLY WITH THE CITY'S DARK SKY LIGHTING REQUIREMENTS AND UDC RESPECTFULLY, UH, RESPECTIVELY AND BE APPROVED DURING THE SITE DEVELOPMENT REVIEW PRIOR TO THE ISSUANCE OF A SITE DEVELOPMENT PERMIT. THE GROSS FLOOR AREA DEVOTED TO AUTOMOBILE REPAIR AND SERVICE SHALL NOT EXCEED THE GROSS FLOOR AREA DEVOTED TO AUTOMOBILE SALES, SHOWROOM CUSTOMER SERVICE, AND ASSOCIATED RETAIL FUNCTIONS. OUTDOOR VEHICLE DISPLAY INVENTORY, STORAGE, PARKING, AND OTHER UN ENCLOSED AREAS SHALL NOT BE INCLUDED IN THE CALCULATION OF THE GROSS FLOOR AREA DEVOTED TO AUTOMOBILE SALES. ANY SUBSTANTIAL MODIFICATION TO THE APPROVED SITE LAYOUT, BUILDING FOOTPRINT, ACCESS CONFIGURATION, OR OTHER MATERIAL ASPECT OF THE APPROVED DEVELOPMENT SHALL REQUIRE REVIEW AND APPROVAL IN ACCORDANCE WITH THE UDC AND MAY REQUIRE AN AMENDMENT TO THE SPECIAL USE PERMIT AS DETERMINED BY THE PLANNING DIRECTOR. APPROVAL OF THE SEP DOES NOT AUTHORIZE CONSTRUCTION. SEPARATE APPROVAL FOR ANNEXATION, REZONING, PLATTING INFRASTRUCTURE, SITE DEVELOPMENT, DEMOLITION AND BUILDING PERMITS SHALL BE REQUIRED PRIOR TO DEVELOPMENT IN ACCORDANCE WITH UDC SECTION TWO DASH FIVE D EIGHT A I I I. THE SPECIAL USE PERMIT SHALL EXPIRE WITHIN TWO YEARS FROM THE DATE OF APPROVAL IF NO PHYSICAL IMPROVEMENTS HAVE COMMENCED AND A CERTIFICATE OF OCCUPANCY IS NOT ISSUED. UH, AND HERE'S SOME, UM, MOTIONS FOR YOUR CONSIDERATION. THE APPLICANT IS HERE, UH, TONIGHT. THEY'VE ALSO PREPARED A PRESENTATION, ONE PRESENTATION TO DISCUSS BOTH THE REZONING AND THE SUP. THANK YOU FRANKIE. WELCOME. APPRECIATE IT MS. FAIRMAN. IT SEEMS LIKE THE LAST TIME YOU WERE HERE IT WAS LATE NIGHT. IS THAT BECAUSE YOU'RE A NIGHT AL AND YOU CHOOSE THAT? NO, NOT AT ALL. IT'S MY BEDTIME. WELL, THANK YOU FOR YOUR PATIENCE. THANK YOU. AND, AND I THANK FRANKIE, [02:00:01] THAT WAS A VERY THOROUGH PRESENTATION AND I KNOW YOU ALL HAVE BEEN HERE FOR A LONG TIME. MY PRESENTATION DOES HAVE A LOT OF SLIDES, BUT I'LL TRY NOT TO BE REPETITIVE WITH WHAT SHE'S ALREADY SAID BECAUSE AGAIN, IT, IT REALLY HIT ON EVERYTHING THAT WE'RE ASKING FOR. UM, SO NICE TO SEE YOU ALL AGAIN. I'M ASHLEY FAIRMAN WITH KILLING GRIFFIN AND FAIRMAN. I'D LIKE TO INTRODUCE MATTHEW CUSHMAN. HE'S A PROJECT ENGINEER WITH P DAWSON AND ALSO STEVEN P*****K HERE IN THE BACK. HE IS WITH, UM, EL TORO AUTO GROUP, WHO IS THE, THE APPLICANT IN THIS REQUEST AND ULTIMATELY OWNS THE PROPERTY AS WELL. AND THEY ALSO OWN FORD OF BERNIE NEXT DOOR. UM, SO THIS REQUEST IS FOR KIA. ONE THING THAT FRANKIE DIDN'T GET TO SHARE. UM, SO KIA WILL BE THE DEALERSHIP, UH, THAT WILL BE HERE. AND UH, WHAT WE'RE ASKING FOR IS ANNEXATION AND ZONING, 'CAUSE IT IS IN THE ETJ AND THEN ALSO THE SPECIAL USE PERMIT ON A PORTION OF THE SITE. UM, WE HAVE ONE RENDERING TO SHARE, UM, THE KIA ARCHITECTS, BUT THIS IS JUST TO GIVE AN IDEA OF WHAT THE FRONT OF THE DEALERSHIP WILL LOOK LIKE. UM, SO KIND OF JUMPING THROUGH THIS PRETTY QUICKLY, BUT AGAIN, IT'S 13.4 ACRES, UM, THAT IS IN THE ETJ THAT IS OWNED BY THOSE ENTITIES THAT FRANKIE MENTIONED. AND THE REQUEST IS TO ANNEX ALL OF THE PROPERTY, BUT ONLY 8.3 ACRES OF IT WILL BE ACTUALLY FOR THE SUP AND THAT ONE. CAN I, I DUNNO IF I CAN POINT ON HERE, UM, THE ONE BUILDING THAT STILL REMAINS. UM, SO THAT BUILDING THERE IS USED BY FORD OF BERNIE. UM, AND SO IT WILL BE PLATTED INTO TWO SEPARATE LOTS. SO THERE'LL BE THE LOT THAT HAS THE BUILDING THAT EXISTS AND THEN THE, THE LOT WITH THE 8.4 ACRES FOR THE, OR 8.3 ACRES FOR THE DEALERSHIP. UH, AND, AND YOU ALL ARE VERY FAMILIAR, BUT THERE'S A LOT OF CAR DEALERSHIPS IN THE AREA. UM, WE THINK THIS IS A GOOD FIT, UM, COMMON OWNER NEXT DOOR. UM, AND THEN WITH THE DEALERSHIPS THAT ARE SURROUNDING, UM, IT AGAIN PRETTY QUICKLY, BUT TO THE NORTH OF THE SITE, UH, WAS A FORMER, UM, RV PARK THAT PROPERTY'S NOW VACANT AND THAT'S THE PINK ON THE MAP, UH, THAT IS ALSO OWNED BY THE SAME TUSCULUM GROUP WHO WILL OWN THE DEALERSHIP. UH, AND THEY ALSO OWN FORD OF BERNIE, WHICH IS C3 ZONING, WHICH WE'RE ASKING FOR THE SAME. UM, AND THEN THE C FOUR ZONING ACROSS THE HIGHWAY. AND THEN OBVIOUSLY THE PROPERTIES THAT ARE OUTSIDE CITY LIMITS, UH, THE AUTO ORIENTED COMMERCIAL, UM, WE'RE CONSISTENT WITH THE PLAN AND THE FUTURE LAND USE, UH, WITH THE IDEA OF BRINGING MORE COMMERCIAL REGIONAL TYPE COMMERCIAL USES ALONG THIS CORRIDOR OF I 10 SUPPORTING EMPLOYMENT. UM, AND WE THINK IT WOULD JUST BE A BENEFIT FOR THE COMMUNITY AS A WHOLE ON THE SPECIAL USE PERMIT. UM, SO AGAIN, THE RED IS THE AREA FOR THE SUP, THE GREEN IS THE ENTIRE AREA BEING ZONED AND ANNEXED. UM, JUMP THROUGH THAT. SO I GO ON TO THE NEXT VERSION OF THE SITE PLAN. UM, SO AGAIN, FRANKIE KINDA STOLE MY THUNDER ON ALL OF THIS, BUT HERE'S THE, THE PROPOSED PLAN. UM, AND, AND WE HAVE WORKED REALLY CLOSELY WITH NATHAN, FRANKIE, RYAN BASS. UM, THIS IS NOT HOW THIS PLAN STARTED OUT. UM, SO I DO WANNA THANK THEM FOR WORKING WITH US OVER MANY MONTHS ON FINDING A PLAN THAT WORKS WELL FOR THE CITY, PARTICULARLY FOR TREE PRESERVATION. UM, AND THEN ALSO A PLAN THAT WORKS FOR KIA AS WELL. SO HERE'S THE SITE, THE 43,000 SQUARE FOOT BUILDING IN THE FRONT WILL BE THAT RENDERING THAT YOU SAW IN THE BEGINNING WITH THE DISPLAY AREA. AND THEN BEHIND THAT IS OFFICES SERVICE THAT YOU WOULD SEE WITH A, A TYPICAL DEALERSHIP. UM, THE IMPERVIOUS COVER ON THIS PLAN IS AT 55%, UH, WHICH WE THINK IS PRETTY GOOD. UM, CODE MAXIMUM WOULD BE 85%. UH, SO THE 55 WITH MULTIPLE ACRES OF LANDSCAPE AREA AND THEN THE REMAINDER BEING THE DEALERSHIP AND THE PARKING. UM, SO AGAIN, THERE'S THAT WATER TANK, UH, THAT WILL BE USED FOR LANDSCAPING ON SITE. UM, IT WOULD BE HVAC CONDENSATE AS WELL AS RAIN WATER CAPTURE. UH, IF THE WELL ON SITE IS USED, THE INTENT OF THAT IS A BACKUP FOR IRRIGATION. SO EITHER WE USE THE WELL WATER THAT'S EXISTING TO BACK UP THIS RAINWATER HARVESTING AND HVAC CONDENSATE OR IT'S A CONNECTION TO THE CITY SYSTEM. SO THIS WOULD BE THE PRIMARY, UH, SOURCE OF IRRIGATION WATER. BUT YOU KNOW, THERE HAS TO BE A BACKUP AS WELL. UM, LET'S SEE. SO, UM, OH, I DO ALSO WANNA POINT OUT, AND I'LL SHOW IT ON THE OTHER, UM, PLANS, BUT THERE IS A 30 FOOT LANDSCAPE BUFFER ALONG I 10, FULL COMPLIANCE WITH ALL THE SCENIC CORRIDOR OVERLAY DISTRICT STANDARDS, UM, THE SIGNAGE. SO, UH, WE APPRECIATE ALL OF CITY STAFF'S RECOMMENDATION. THIS ONE IS A STRUGGLE FOR US. THERE IS A, THERE ARE TWO SIGNS ON SITE, A POLL SIGN, UH, THAT WILL BE REMOVED. AND THEN ALSO THE EXISTING BILLBOARD. IT IS SUBJECT TO A THIRD PARTY LEASE. SO I, I DON'T HAVE THE AUTHORITY OR THE ABILITY TO SAY THAT IT WILL BE TAKEN DOWN, I'M SORRY, THIRD PARTY OWNERSHIP. AND THAT'S THE SITE, THIRD PARTY OWNERSHIP OF THE SIGN. AND [02:05:01] THEN THERE'S A LEASE ON THE BILLBOARD. SO, UM, I CAN'T SAY TODAY THAT THAT SIGN CAN JUST BE REMOVED AS PART OF THE SUP BECAUSE MY CLIENT IS NOT THE ACTUAL OWNER OF THAT SIGN. SO JUST WANNA POINT THAT OUT. UH, PARKING, I THINK FRANKIE HIT ALL OF THE, ALL OF THE PARKING ON SITE. UM, MATTHEW WITH P DAWSON HERE DID PROVIDE A MEMO TO THE CITY ON PARKING JUST TO DEMONSTRATE WHAT KIA HAS DONE ON OTHER SITES. WE FIT RIGHT IN WITH THE, ALL THE REQUIRED PARKING ON THIS AND MAYBE A LITTLE BIT ABOVE THE STANDARD KIA DEALERSHIP. UM, IN TERMS OF PARKING PROVIDED, UM, TRAFFIC IS WAS MENTIONED THERE WILL BE TWO ACCESS DRIVES, BUT ONE MAIN ACCESS DRIVE WITH THE SECOND LIMITED TO THOSE DELIVERIES AND DROP-OFFS. UM, THE LOCATION OF THESE IN DRIVEWAYS ARE STILL SUBJECT TO TEXT REVIEW THAT TIA IS IN PROCESS. UM, CITY HAS COMMENTED ON IT, BUT WE'RE WAITING FOR TDOT. THERE HAVE BEEN MEETINGS BUT WAITING ON TDOT'S FORMAL COMMENTS ON THAT. TIA. UM, SO THE PROJECT WILL COMPLY WITH ALL TDOT REQUIREMENTS 'CAUSE ULTIMATELY IT'S THEIR DECISION, UH, WITH CONNECTION TO THE FRONTAGE ROAD THERE. UH, THERE WAS ONE REQUIREMENT AND STAFF'S RECOMMENDATION, UM, ABOUT A RIGHT TURN LANE. UM, AGAIN, THAT'S SOMETHING I DON'T THINK WE CAN COMMIT TO BECAUSE WE JUST HAVE TO COMPLY WITH WHATEVER STANDARDS TDOT PLACES ON THE TIA. SO, UH, TDOT STANDARDS WILL BE WHAT GOVERNS WHAT IS DONE HERE IN TERMS OF TRAFFIC IMPROVEMENTS. UH, JUST THE INTERNAL VEHICULAR VEHICULAR CIRCULATION. SO JUST POINTING OUT AROUND THE BUILDING IS THE 26 FOOT DRIVEWAY, UH, FOR ADEQUATE FIRE ACCESS TREE PRESERVATION PLAN. THESE ARE PRETTY DIFFICULT TO READ, UM, BUT DID WANNA HIGHLIGHT THOSE 88 PRESERVED TREES ALSO. I'M SURE YOU ALL SEE IT ALL THE TIME, BUT FORD OF BERNIE, I THINK HAS DONE A REALLY NICE JOB OF TREE PRESERVATION, UM, AND SHOWING WHAT A CAR DEALERSHIP CAN LOOK LIKE WITH TREES ON SITE. UM, AND SO HOPEFULLY THIS SITE IS JUST A CONTINUANCE OF THAT AS WELL. LANDSCAPE PLAN, UM, AGAIN, THERE'S THE 30 FOOT LANDSCAPE BUFFER ALONG THE FRONTAGE. UM, THAT WILL ALSO BE IN ADDITION TO A 15 FOOT UTILITY EASEMENT. SO THE BUILDING IS SET PRETTY FAR BACK FROM I 10. UM, AND THEN THERE'S THE BUFFERING TO THE, WE'LL CALL IT PAGE RIGHT HERE, UH, NEXT TO THE RESIDENCES, WHICH, UM, WILL HAVE THAT WALL NEXT TO THOSE RESIDENTIAL AS WELL AS THE RETAINING WALL. AND THEN THE EXTRA FENCE ON TOP OF THAT RETAINING WALL. AND THAT WILL BE THE RETAINING WALLS. THERE'S ACTUALLY THREE OF THEM. THERE'S ONE HERE, AND THEN ONE HERE AROUND THOSE. AND THEN ONE HERE, PHOTOMETRIC PLAN, UM, DARK SKY COMPLIANT FOR THIS SITE. UM, JUST TO HIGHLIGHT THAT THERE'S NO MEASURED SPILLOVER AT THE RESIDENTIAL PROPERTY LINE. UM, AND THEN OBVIOUSLY THE, THE FIXTURES THAT ARE APPROVED BY THE CITY WILL BE USED ON THIS SITE AS WELL. IF THERE ARE QUESTIONS ABOUT UTILITY PLANS OR GRADING PLANS, UH, MATTHEW'S HERE AND HE CAN ANSWER THOSE. BUT ARE REQUESTING, UH, CITY SERVICES, OBVIOUSLY WITH ANNEXATION AND ZONING FOR, UH, THIS PROJECT. OKAY. AND THEN THE DETENTION POND IN THE BACK, I GUESS WOULD ALSO BE PART OF THAT GRADING PLAN. IF THERE'S ANY QUESTIONS ABOUT STORM WATER. SO, UM, RESPECT OF YOUR TIME, I THINK, YOU KNOW, I'LL, I'LL STOP THERE AND HAPPY TO ANSWER ANY QUESTIONS. UH, THERE'S THREE OF US, SO HOPEFULLY WE CAN ADDRESS ANY CONCERNS. THANK YOU ALL. WELL, THANK YOU. UM, I FIRST JUST WANNA SAY THANK YOU TO CITY STAFF AND THANK YOU TO YOU ALL FOR THE ATTENTION TO DETAIL THAT'S GONE IN TO THIS PRESENTATION. THERE WILL BE QUESTIONS INEVITABLY, BUT UM, IN CONTRAST TO SOME OTHER AGENDA ITEMS. I THOUGHT THIS WAS A VERY WELL THOUGHT OUT AND PUT TOGETHER PRESENTATION THAT ELIMINATES A LOT OF QUESTIONS THAT I THOUGHT I MAY HAVE, UM, OPENING IT UP TO COMMISSION DISCUSSION. UM, OR I GUESS WE SHOULD GO TO PUBLIC HEARING FIRST. SO, DIRECTOR CRANE, SHOULD I OPEN UP THE PUBLIC HEARING FOR BOTH ITEMS AT ONE TIME OR SHOULD I PUBLIC HEARING ON THE FIRST ITEM AND THEN CLOSE IT AND THEN YES, SIR. DO THEM BOTH SEPARATELY. OKAY. SO I'LL OPEN UP A, I HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION TO REZONE APPROXIMATELY 13.4 ACRES OF LAND FROM HOLDING DISTRICT TO C3 COMMUNITY COMMERCIAL DISTRICT, GENERALLY LOCATED ALONG TO 31,000, 300 TO 31,400 BLOCK OF I 10. UM, PUBLIC HEARING IS OPEN. IS THERE ANYBODY THAT WOULD LIKE TO COME FORWARD AND SPEAK ABOUT THIS ITEM? AND IT DOES NOT LOOK LIKE THERE'S ANYONE THAT WANTS TO COME FORWARD. SO I'LL CLOSE THE PUBLIC HEARING AND THEN MOVE FORWARD TO AND JUST GET THE SECOND PUBLIC HEARING OUT OF THE WAY AS WELL. IS THAT ACCEPTABLE? PERFECT. UH, MOVE FORWARD TO THE SECOND PUBLIC HEARING, REGULAR AGENDA [02:10:01] ITEM 20 26 3 9 7. HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION FOR A SPECIAL USE PERMIT TO ALLOW AUTOMOBILE SALES WITH ACCESSORY AUTOMOBILE SERVICE, GENERALLY LOCATED AT THE 31,300 TO 31,400 BLOCK OF I 10 POTENTIAL AUTO DEALERSHIP. AND I'LL OPEN THE PUBLIC HEARING SINCE SERGEANT, EVERYBODY HERE TO SPEAK, I'LL CLOSE THE PUBLIC HEARING AT NINE 11 NOW. I'LL OPEN IT UP TO COMMISSION DISCUSSION. ANY QUESTIONS? COMMISSIONER KATES , THE ONLY THING I SAW WAS A CONFLICT BETWEEN, UH, THE, UH, RECOMMENDATIONS FROM STAFF THAT INCLUDED A COMMENT THAT, UH, THE BILLBOARD HAD TO BE REMOVED FIRST. IF THEY DON'T OWN THE BILLBOARD, HOW CAN THAT BE A REQUIREMENT ON THE DEVELOPER? SO THAT WOULD BE MY ONLY QUESTION. THAT IS A RECOMMENDED STIPULATION, UM, THAT THIS BOARD COULD CHOOSE TO, UH, REQUEST OR NOT IN YOUR RECOMMENDATION TO CITY COUNCIL? UH, UH, I AM, EXCUSE ME, THE STIPULATIONS TOOK IT OUTTA ME. UM, THE, UH, THE EXISTING, UH, POLE SIGN, UM, WILL DEFINITELY NEED TO BE REMOVED. UH, BOTH OF THESE TYPES OF SIGNS ARE CONSIDERING, UH, CONSIDERED NON-CONFORMING POLE SIGNS AND BILLBOARDS. THE OFFSITE SIGNS ARE CONSIDERED NON-CONFORMING. SO IT IS, UH, COULD BE A STIPULATION OF THE SDP IF YOU DESIRE TO MAKE THAT RECOMMENDATION. OKAY. I GUESS I JUST, I, I'LL REMAIN CONFUSED HOW YOU COULD REQUIRE THE DEVELOPER TO REMOVE SOMETHING HE DOESN'T OWN. THE, THE PROPERTY IS WITHIN THAT SUP AREA. SO WITH THIS SITE PLAN, YOU COULD SAY THAT A SIGN IS NOT APPROPRIATE FOR THIS USE. WELL, THEN THERE COULD BE A LEGAL OR A BINDING AGREEMENT THAT THEY PROVIDE TO THE CITY AT A LATER TIME THAT STATES THAT THEY CAN'T REMOVE IT. IS THAT WHAT I'M UNDERSTANDING? THAT WE COULD PROVIDE THE LANGUAGE AND THE STIPULATION IF YOU WANTED TO PROVIDE SOMETHING LIKE THAT, OR TO PUT A SUNSET CLAUSE OR SOMETHING LIKE THAT? WELL, MS. LINDER, IF, IF WE ACCEPT A LANGUAGE AS IS AND THE SIGN CAN'T BE REMOVED, THE BILLBOARD SIGN CAN'T BE REMOVED, DOES THAT INTERFERE WITH THE, WITH THE DEALERSHIP MOVING FORWARD? I DON'T BELIEVE SO. OKAY. I WOULD LIKE TO GET A AN OPINION ON THAT BECAUSE IF THAT'S A STIPULATION OF AN SUP, I DON'T SEE HOW IT COULD NOT KEEP YOU FROM MOVING FORWARD. I, WELL, I'M NOT CERTAIN THAT THE CITY HAS ANY AUTHORITY TO REQUIRE, UH, ANY TYPE OF INTERFERENCE WITH AN EXISTING LEASE OR OTHER ARRANGEMENT ON THAT SIGN OR INTER INTERFERENCE WITH OWNERSHIP. IF THAT'S THE CASE, WOULD, WOULD CITY AND STAFF HAVE AN OBJECTION TO REMOVING THAT PORTION OF THE COMMISSION ACTION REQUEST? LEAVE THE POLL SIGN IN, BUT REMOVE THE, UH, BILLBOARD FROM THAT TO DO WE KNOW WHEN THE LEASE EXPIRES OR COULD WE PUT A SOMETHING ON THERE THAT SAYS WHENEVER THAT LEASE EXPIRES, THAT IT WOULD BE REMOVED AT THAT TIME? I DON'T THINK IT WOULD BE THE LEASE THOUGH. 'CAUSE IT'S STILL, THERE. STILL BE OWNERSHIP. RIGHT. I THINK MAYBE, MAYBE THE LANGUAGE IS, IF THE PROPERTY OWNER EVER GAINS OWNERSHIP OF THAT SIGN THAT IT WOULD BE REMOVED. I WOULD THINK THAT ANY ACTION TO REQUEST REMOVAL WOULD HAVE TO GO THROUGH THE OWNERSHIP OF THE SIGN. OKAY. UM, AND IF, IF ANYONE WANTS, I CAN SHED A LITTLE BIT OF LIGHT ON THE HISTORY OF THE SIGN. COMMISSIONER KELLER, UM, COVEY RANCH THAT IS OUT ON HIGHWAY 46, UM, WAS THE ORIGINAL OWNER OF THE SIGN. THEY, THEY BUILT THE SIGN AS A ON-PREMISE SIGN YEARS. I WAS PROBABLY IN HIGH SCHOOL TO BE HONEST WITH YOU. UM, AND THAT WAS THEIR HOME OFFICE, THEIR SALES OFFICE, AND THEY BUILT THE SIGN AND ADVERTISED COVEY RANCH ON IT, WHICH AT THAT TIME, I'M NOT SURE WHAT THE CITY OF BERNIE'S STANCE WAS ON, ON-PREMISE SIGNS AND THE ETJ OR IF THAT WAS EVEN IN THE ETJ AT THAT TIME. UM, SO IT WAS LIKELY LEGAL AT THAT TIME AFTER COVEY RANCH CLOSED THAT OFFICE DOWN, IT BECAME A NON-CONFORMING AND ILLEGAL OFF-PREMISE SIGN, UM, SELLING ADS TO A CAR DEALERSHIP ACROSS THE HIGHWAY. [02:15:01] SO TDOT NEVER, UM, DID ANYTHING ABOUT IT, AND THE CITY OF BERNIE NEVER DID ANYTHING ABOUT IT. UM, AND SO IT'S KIND OF REMAINED IN THAT STATE SINCE THEN. NOW I BELIEVE THE CURRENT ADS ON THE SIGN ARE FOR FORD OF BERNIE, WHICH IS ON PREMISE. UM, BUT IT SOUNDS LIKE FORD OF VERNEY DOES NOT OWN THE SIGN. IS THAT CORRECT, MS. FAIRMONT? THAT'S CORRECT. OKAY. UM, CAN YOU SHED SOME LIGHT ON WHO OWNS THE SIGN? I, IT'S NOT FORD OF VERNEY. UM, BELIEVE, HOLD ON ONE SECOND. R AND M IRREVOCABLE, LE IRREVOCABLE TRUST IS WHO THE LEASE AGREEMENT IS WITH BETWEEN FORD OF BERNIE AND THAT. SO WHEN THEY, WHEN FORD OR TUSLA BOUGHT THE PROPERTY, THAT LEASE REMAINED IN PLACE FROM THE PREVIOUS OWNERSHIP FROM THE PREVIOUS, IS THAT CORRECT? UH, THE LEASE THAT, AT THAT TIME IT WAS LEASED TO TOYOTA, I BELIEVE. STILL. RIGHT. AND THEN, AND SO IS IT THE PREVIOUS OWNER OF THE PROPERTY THAT WITHHELD THAT SIGN FROM THE SALE OR DO YOU I I'M NOT ENTIRELY SURE ON THE OWNERSHIP HISTORY OF IT. OKAY. UM, I KNOW THAT'S THE OWNER NOW . RIGHT. SURE. UM, AND I APOLOGIZE, UM, BUT I I I, I BELIEVE THAT TCAL CONVEYED TO THIS ENTITY, THE OKAY. THE TRUST GOT. OH, GOTCHA. OKAY. SO I THINK I'M, I'M SORRY IF I'M SURE PRETTY SURE NO, THAT THAT'S, AND PEOPLE PROBABLY DON'T UNDERSTAND THIS AS MUCH AS I DO . UM, BUT UH, THERE IS A LEASE IN PLACE AND PART OF THAT LEASE SOUNDS LIKE IT HAS SOMETHING TO DO WITH FORD STAYING ON THE SIGN, CORRECT? YES, SIR. OKAY. UM, I KNOW THERE, THIS HAS NOTHING TO DO WITH THE CITY OF BURN. THERE IS NO TECH STOCK PERMIT ON IT. TECH STOCK PERMITS ARE A REQUIRED THING IN MY INDUSTRY. UM, AND AGAIN, LIKE I STATED PREVIOUSLY, WHY, WHY THE SIGN REMAINED FOR AS LONG AS IT DID? I'M NOT SURE. UM, BUT IT DID ORIGINALLY GO UP AS AN ON-PREMISE SIGN. WHETHER IT WAS ALE LEGAL OR NOT, I'M NOT POSITIVE, BUT IT HAS SINCE BEEN REMAINING AS AN ILLEGAL SIGN. BUT WHERE, WHETHER THIS IS THE FORM OR NOT TO TRY TO GET THEM IN A LEGAL BATTLE WITH A ONE OF THEIR TENANTS OR A LESSEE, I, I'M NOT SURE ABOUT THAT. THAT'S PROBABLY MORE A MID QUESTION THAN IT IS FOR ME. THANK YOU. COMMISSIONER, FIRE THE DELIVERY ACCESS FOR TRUCKS THAT ARE DELIVERING THE NEW VE LIKE THE BIG TRUCKS THAT ARE DELIVERING THE NEW VEHICLES, IS THE ACCESS POINT ON THAT FAR CORNER, IS THAT WHERE THE TRUCKS ARE GONNA BE? YES. GOING AND DELIVERED? OKAY. IT JUST LOOKS SUPER SMALL RIGHT THERE. THE SOUTHERN MOST ACCESS POINT. OKAY. SO THEY SHOULDN'T BE DROPPING VEHICLES ON THE ACCESS ROAD? NO. BECAUSE I KNOW THAT'S A BIG PROBLEM WITH SOME OF THE OTHER DEALERSHIPS IN THE AREA IS BLOCKING TRAFFIC AND IT'S QUITE A NUISANCE. YES, WE, THAT HAS BEEN SHARED WITH US. UM, SO THE, THERE IS NO INTENT OR PLAN TO DO THAT. I DON'T KNOW IF MATTHEW, YOU WANNA ELABORATE A LITTLE BIT ON THAT? THERE WAS A, A LETTER AND OTHER THINGS PROVIDED IN THAT REGARD. SURE. YEAH. GOOD EVENING, SIR. UM, YEAH, SO THAT, THAT ACCESS POINT, THE, THE NORTHERN ONE WILL BE FOR PARTS DELIVERY, BUT THE LOADERS, UM, TDOT HAS EXPRESSED, WE'VE MET WITH THEM, UM, MULTIPLE TIMES THAT THAT IS THEIR PRIMARY CONCERN. AND THAT, UM, THE RIGHT TURN LANE IS NOT REQUIRED BY TXDOT AT THIS POINT. WE PROVIDED THEM, UH, A LETTER OF HOW THE LOADERS WILL BE OPERATING. UM, AND THEY, THEY OPERATE CURRENTLY TODAY, AND I CAN SHOW YOU SHARE WITH YOU A, A LETTER PROVIDED BY THE FORD, UH, OWNERSHIP GROUP. BUT ESSENTIALLY THEY PULL INTO THE FORD PROPERTY AND THEY UNLOAD THERE AND THEN THEY HAVE ACCESS, YOU CAN SEE THROUGH THE EXISTING SURFACE LOT TO THE KIA PROPERTY. UM, AND SO YES, UH, WE ARE WORKING WITH TDOT TO MAINTAIN THAT THERE WILL NOT BE ANY LOADERS ON THE FRONTAGE ROAD. THAT IS THEIR ONLY REQUIREMENT. UM, AND AS FAR AS GRANTING ACCESS. OKAY. AND YOU WOULDN'T HAVE A PROBLEM WITH US PUTTING THAT IN THE SUP? THERE'S NO LOADING OR UNLOADING ON THE ACCESS ROAD? YEAH, THAT, THAT WOULD BE FINE. IT WOULD JUST BE, IT WOULD JUST BE THE CITY, UH, MANDATING A RIGHT TURN LANE WHEN IT'S TDOT RIGHT OF WAY WHEN [02:20:01] IF TDOT SAYS WE DON'T NEED ONE. YEAH. I DON'T KNOW. I I DON'T HAVE AN OPINION ON THE RIGHT TURN LANE. OKAY. IT'S JUST THAT IN MY EXPERIENCE, AND SOME DEALERSHIPS MAYBE CALL THESE SOME LESSONS LEARNED. THE GATES ARE CLOSED, THE TRUCK GETS THERE AT 1:00 AM AND SITS THERE UNTIL THE GATES GET OPENED. RIGHT. UM, TO OFFLOAD VEHICLES. AND SO THEY'RE SITTING ON THE ACCESS ROAD PROBABLY AT MOST DANGEROUS TIMES OF THE HOURS. SO I CAN SHARE WITH YOU A LETTER PROVIDED BY THE OWNERSHIP GROUP WITH AN EXHIBIT THAT WAS PRESENTED AS PART OF THE TIA AN ADDENDUM IN MTIA. I DON'T KNOW IF I CAN, I THOUGHT WE COULD PROJECT, BUT THANK YOU. THIS IS, BUT YEAH, WE ARE COMMITTED TO, UM, MAINTAINING, UH, SAFE LOADING AND UNLOADING ON THE, ON THE FRONTAGE ROAD. AND THAT IS SOMETHING TTO CHAIRS AS AS THEY'RE CONCERNED. THANK YOU. ANY OTHER QUESTIONS? I HAVE ONE MORE QUESTION, MR. FRYER. UM, IS THERE, I KNOW WE TALKED ABOUT THE TREES AND WHAT'S GONNA BE COMING AND GOING AND HOW MANY ARE BEING REMAINED, WHICH IS AWESOME AND IT LOOKS LIKE IT'S GONNA BE VERY CONSISTENT WITH THE FLORIDA BURNING LOT, WHICH IS BEAUTIFUL. UM, IS THERE ANY CONTRIBUTION BEING MADE TO THE TREE PRESERVATION FUND OR IT WASN'T REQUIRED BASED ON THE TREES, THEY, THEY WERE ABLE TO OFFSET ALL THEIR MITIGATION PROGRESS THROUGH THE PRESERVATION OF EXISTING TREES ABOVE THE MINIMUM PRESERVATION RATE. OKAY. SO THEY ACTUALLY WERE ABLE TO KNOW ABOUT ALL ATION REQUIREMENTS THROUGH PRESERVATION . GOOD WORK, MR. BOSS. YEAH, THAT'S AN IMPORTANT ONE TO COVER BECAUSE AS SOON AS THERE'S ANY TREES BEING CLEARED, THERE'LL BE A LOT OF PUBLIC ATTENTION. SO DEFINITELY WANNA MAKE SURE THAT, WE'LL WE ARE ALL ARMED WITH THAT INFORMATION WHEN THE TIME COMES. THANK YOU. UM, I'D ALSO LIKE TO SAY THAT I'M GRATEFUL FOR YOUR WORK IN PROTECTING AND PRESERVING THE NEIGHBORS, THE RESIDENTIAL NEIGHBORHOOD. UM, NOT ALL OF THE DEALERSHIPS IN TOWN ARE QUITE AS FRIENDLY TO THOSE RESIDENTIAL NEIGHBORS. UM, ONE OF THE FIRST THINGS I LOOKED AT WAS WHERE IS THE EMPLOYEE PARKING? BECAUSE AT ONE PARTICULAR DEALERSHIP IT'S THE EMPLOYEE PARKING THAT'S A REAL PROBLEM. YES. FOR THE NEIGHBORHOOD. YES. SO I WAS GRATEFUL TO SEE THAT THAT IS ON THE, THE FARTHEST FROM THEM. UM, IS THAT, SO I REALIZE THIS SITE PLAN IS PART OF THE SUP IS THE SPECIFICS OF THE PARKING SPACES AND THE ALLOCATIONS ALSO PART OF NO, I THINK THEY'RE SHOWN FOR A LOT FOR GRAPHICAL PURPOSES. SO IF YOU HAD ONE OR TWO MIXED UP, YEAH, I I DON'T THINK IT'S THE OVERALL COUNT THAT WE'RE MORE CONCERNED ABOUT MAKING SURE THAT THEY HAVE OVERALL. OKAY. SO THEN IT MAY BE WISE THEN TO HAVE A, AND I HATE TO HAVE SO MANY CONDITIONS ON YOU GUYS 'CAUSE THERE'S ALREADY QUITE A FEW, BUT I THINK THAT'S SUPER IMPORTANT TO PROTECT AS WE'VE SEEN ALREADY TONIGHT, PROTECT OUR RESIDENTIAL, UM, OWNERS. UM, SO MAYBE WE CONSIDER SOME LANGUAGE THAT SAYS THAT EMPLOYEE PARKING CAN'T BE ALONG THE, AND I THINK PERIMETER I THINK THAT WOULD BE FINE BECAUSE IF YOU LOOK ON THE SITE PLAN, THE, ALL THE PARKING ON THAT SIDE NEXT NEAREST, THE RESIDENTIAL IS ALL STACKED BECAUSE THAT'S FOR INVENTORY, YOU KNOW, SO THERE AREN'T, THOSE AREN'T, THAT'S NOT GONNA CHANGE. SO NOBODY COULD PARK THERE ANYWAYS. SO, UM, IF, IF YOU NEED TO ADD A CONDITION, I THINK THAT WOULD BE OKAY. UNLESS YOU OFTEN WORK. IT'S, NO, I MEAN AS LONG AS IT STAYS THE SAME, OBVIOUSLY IT'S STACKED, SO, RIGHT. IF IF YOU PARKED YOU, YOU'RE, YOU'RE GONNA BE BLOCKED IN. RIGHT. SO IT'S CLEAR THAT IT'S FOR, UM, ASSUMING THE CONCEPT STATE INVENTORY. THE ONLY QUESTION I HAD, WHICH IS JUST MY EXPERIENCE WITH A DEALERSHIP, WAS THE 40 SPACES, UM, FOR SERVICE VEHICLES. AND IF YOU KNOW ANYTHING ABOUT 6.2 LITER ENGINE, THE DEALERSHIP I GO TO WOULD NEED MORE THAN THAT . BUT ANY OTHER QUESTIONS? I THINK THAT'S A VERY THOUGHTFUL PLAN. YEAH, I, I APPRECIATE THE COLLABORATION BETWEEN THE APPLICANT AND THE CITY. MAKES A BIG DIFFERENCE, DOESN'T IT? YES, IT DOES. WELL DONE. WELL DONE. WELL, I WILL ENTERTAIN A MOTION. IT SOUNDS LIKE WE HAVE A COUPLE OF ADJUSTMENTS TO INCLUDE WITH EVERYTHING [02:25:01] THAT'S CURRENT. UM, UM, IF I CAN REMIND THE COMMISSION, IT'S TWO SEPARATE VOTES. ONE FOR THE REZONING AND THEN ONE FOR THE SUP OR YOU'D LIKE US TO DO THE REZONING FIRST PLEASE. OKAY. NO, COMMISSIONER TAYLOR, WE HAVE A MOTION. YEAH, A MOTION TO APPROVE. I BELIEVE THAT THE PLANNING AND ZONING COMMISSION COMMEND APPROVAL OF THE REQUEST TO REZONE APPROXIMATELY 13.4 ACRES OF LAND FROM HL DISTRICT TWO C3 COMMUNITY COMMERCIAL DISTRICT GENERALLY LOCATED ALONG THE THREE 31,300 TO 31,400 BLOCK OF IH 10. THANK YOU. SECOND. AND BACK. COMMISSIONER FRIAR, PLEASE MAKE YOUR SELECTION. MOTION PASSES UNANIMOUSLY AND WE WILL MOVE FORWARD TO REGULAR AGENDA ITEM 20 26, 3 97. IF THERE'S NOT ANY FURTHER DISCUSSION, IS THERE A MOTION ONLY? THE DISCUSSION WAS ABOUT THAT SIGN IS, DO WE NEED TO CHANGE THE, THE NUMBER FROM THE CITY'S RECOMMENDATION? I THINK IT WAS, WAS IT NUMBER THREE? YEAH, I THINK WE LEAVE, I MEAN, THAT, THAT'LL BE IN THE MOTION, WON'T IT? THAT'LL BE IN THE MOTION TO REMOVE THE SIGN AND I THINK THAT THERE WILL BE SOME DILIGENCE THAT WILL HAPPEN. YEAH, I, I'LL MAKE A MOTION. WE, WE APPROVE WITH AN AMENDMENT TO 0.3 THAT WE DELETE THE FOLLOWING LANGUAGE AND BILLBOARD SECONDED BY COMMISSIONER KELLER. WE'RE NOT REMOVING THE POLE SIGN. NO, JUST AND BILLBOARD. JUST AND BILLBOARD. OKAY. DID WE WANNA ADD THE STIPULATION OF THE OFFLOADING AND THE PUBLIC RIGHT OF WAYS PLEASE? UH, I'LL AMEND MY, UH, MOTION TO ADD A STIPULATION THAT THERE WILL BE NO OFFLOADING ON PUBLIC RIGHT OF WAY. THANK YOU. THANK YOU. IS THAT OKAY WITH YOU? ON A SECOND. SECOND BY COMMISSIONER KELLER. I JUST WANNA MAKE SURE BEFORE WE MOVE FORWARD, IT'S BEING APPROVED WITH MODIFICATIONS. THAT'S CORRECT. OKAY. THANK YOU. MAKE YOUR SELECTION AND THE ITEM PASSES UNANIMOUSLY. THANK YOU. THANK YOU. ALRIGHT, MOVING FORWARD TO REGULAR AGENDA ITEM 20 26 3 95. [6. 2026-395 CONSIDER A REQUEST TO ALLOW ON-SITE SEWAGE FACILITY (OSSF) AT PROPERTY GENERALLY LOCATED AT 102 FREY (A10441 - SURVEY 183 J SMALL 4.24 ACRES, (2.94 AC IN AB 298 SUR 180) (KCAD 50290).] CONSIDER A REQUEST TO ALLOW ONSITE SEWAGE FACILITY AT PROPERTY, GENERALLY LOCATED AT 1 0 2 FRY. THANK YOU. GOOD EVENING, ABIGAIL KNOT, CITY ENGINEER. GOOD EVENING, . THE PROPERTY LOCATION IS NEAR 1 0 2 FRY STREET. UH, IT IS A, UH, 4.24 ACRE PROPERTY LOCATED RIGHT NEXT DOOR TO 1 0 2 FRY. SO IT'S OWNED BY THE SAME INDIVIDUAL. UM, BUT THE OWNER, THE NAME OF THE OWNER FOR THIS PROPERTY IS GARRISON HOLDINGS. UH, IT IS ZONED AS AN R ONE M, SO MEDIUM DENSITY RESIDENTIAL. AND IT IS THE PROPERTY OUTLINED IN RED. THIS PROPERTY DOES HAVE DRAINAGE WAY PROTECTION ZONES ONE AND TWO, SO IT'S ALONGS CREEK. IT ALSO HAS THE 100 YEAR FLOODPLAIN RUNNING ALONG THE BACK OF THE PROPERTY. THIS MAP SHOWS THE SEWER CONNECTIONS IN THE AREA, SO RUNNING ALONG. SO BELOW CREEK ONE OF OUR MOST POPULAR PLACES TO PUT SEWER CONNECTIONS, BY THE WAY, 'CAUSE EVERYTHING GOES DOWNHILL. UM, IT'S A 30, UH, 30 INCH MAIN IT THAT RUNS ALONG THE BACK OF THE PROPERTY IN AN EASEMENT IN FRY STREET. THERE IS ALSO A SIX INCH MAIN, HOWEVER THAT MAIN ENDS, UH, AT THE ROADWAY INTERSECTION AND DOES NOT EXTEND UP ALONG THE STREET IN THAT AREA. AND WE'LL DISCUSS MORE ABOUT THAT LATER IN THE PRESENTATION. UM, SO, UH, WHAT WE'RE LOOKING AT HERE IS A CONNECTION FOR THE, THE PROPERTY, UH, NEAR 1 0 2 FRY [02:30:01] FOR, UM, SEWER. AND THERE ARE THREE OPTIONS THAT ARE AVAILABLE FOR THE PROPERTY AND ONE WAS TO, UM, CONNECT INTO THE 30 INCH LINE THAT RUNS ALONG THE BACK OF THE PROPERTY. THERE IS A CONNECTION TO THE SIX INCH LINE ON FRY STREET AND THEN AN INSTALLATION OF ONSITE SEWAGE FACILITIES. AND SO, AS, UH, YOU'VE HEARD IN PRESENTATIONS NOT TOO LONG AGO THIS YEAR, UH, IT DOES REQUIRE AN APPROVAL BY P AND Z TO, UH, CONNECT TO DEFER CONNECTION TO CITY SEWER AND ALLOW FOR THE ONSITE SEWAGE FACILITY IN THESE SCENARIOS, THE OPTIONS, UH, ONE OF THEM THERE YOU'LL SEE IS NOT FEASIBLE. SO OPTION TWO, WE WON'T DISCUSS TOO MUCH IN LENGTH AND WON'T HAVE ITS OWN INDIVIDUAL COST ESTIMATE. THE REASON WHY IT IS NOT FEASIBLE AND THE REASON WHY THE LINE ENDS AT THAT INTERSECTION, IT IS BECAUSE TO EXTEND THE LINE FURTHER UP NORTH ON FRY STREET, THE SEWER WOULD ESSENTIALLY DAYLIGHT. SO THAT MEANS THAT IN ORDER TO MAINTAIN GRAVITY, UH, IT WOULD COME UP OUTTA THE ROAD. AND SO YOU HAVE TO HAVE THE NECESSARY COVER FOR A SEWAGE LINE. UH, IT NEEDS TO BE ABLE TO MAINTAIN THAT DOWNWARD FLOW. UH, IF NOT, YOU HAVE INSTANCES LIKE LIFT STATIONS, ET CETERA, BECAUSE THE, UM, THE EXTENDING LENGTH ON FRY STREET IS SO LONG, IF ANYBODY WERE TO DO SOME SORT OF PRIVATE LIFT STATION ON THEIR PROPERTY, SO THE GRINDER PUMP, WHICH IS STUFF THAT WE'VE HEARD ABOUT ON OTHER PROPERTIES, IT WOULD REQUIRE A PRIVATE CONNECTION THAT RUNS THROUGH FRY STREET. WE GENERALLY DON'T WANT TO HAVE PEOPLE'S PRIVATE INFRASTRUCTURE INSIDE OF OUR ROADS BECAUSE ANYTIME WE HAVE TO GO OUT AND DO ANY MAINTENANCE OR ANYTHING NEEDS TO BE DONE, WE HAVE THE ONEROUS OF THAT UTILITY THAT WOULD ALSO NEED TO BE, UM, WORKED AROUND OR IMPROVED UPON. SO IT, IT'S VERY HARD FOR A PRIVATE UTILITY TO BE IN AN AREA IF IT'S NOT GONNA BE A CONTINUAL COMMITMENT FROM THE PROPERTY OWNER TO ENSURE THAT THEY'RE GOING TO DO ADJUSTMENTS IN THE RIGHT OF WAY WHEN WE NEED THEM TO BE DONE. UH, SO THAT LEAVES THE TWO OPTIONS, UH, FOR CONNECTION INTO THE 30 INCH MAIN AND THEN AN ONSITE SEWAGE FACILITY. SO FOR OPTION ONE, THE CONNECTION TO THE, UH, 30 INCH SEWER MAIN IN GENERAL, A CONNECTION TO A LARGER MAINE IS NOT SOMETHING THAT'S, UH, JUST TAPPED INTO, WHICH IS SOMETHING THAT YOU MIGHT HEAR COMMONLY ABOUT OUR SMALLER MAINS THAT ARE INSIDE OF OUR STREETS. SO A SIX INCH MAINE, WHEN YOU'RE CONNECTING INTO IT, WE'RE TALKING ABOUT A VERY SMALLER CONFINED SPACE WHERE WE KNOW DEFINITIVELY WHERE WE'RE, UM, CREATING THAT CONNECTION. UM, WHEREAS A 30, THE 30 INCH SUPER MAIN, BECAUSE IT IS SO LARGE, UH, YOU'RE, IT'S A LESS CONTROLLED ENVIRONMENT. AND SO THE RECOMMENDATION FROM OUR UTILITIES TEAM WHEN THEY WENT OUT ON SITE AND MET WITH THE PROPERTY OWNER TO LOOK AT THE CONDITION OF WHERE THE LINE IS, WHERE MANHOLES ARE, WHERE IT WAS POSSIBLE TO CONNECT, IT WAS THROUGH A MANHOLE THAT WAS ON, UM, THE, UH, PROPERTY ADJACENT TO 1 0 2 FRY STREET. UH, GIVEN THE CONDITION OF THE MANHOLE RECOMMENDATIONS WERE MADE BY UTILITY STAFF FOR IMPROVEMENTS TO THAT MANHOLE SO THAT A CONNECTION COULD BE SAFELY MADE TO DO ALL OF THOSE IMPROVEMENTS. THE COST ESTIMATE CAME OUT TO $89,831. THE THIRD OPTION, WHICH IS THE ONSITE SEWAGE FACILITY. SO THAT JUST ALLOWS THE, THE UNDERGROUND, UH, SEPTIC TANKS, UH, COMES OUT TO 14,525. AND SO THAT WOULD BE A SYSTEM THAT WOULD SERVE ONE SINGULAR SINGLE, ONE SINGLE FAMILY HOME THAT WOULD BE BUILT ON THAT LOT. IF THE PLANNING AND ZONING COMMISSION SHOULD APPROVE THE REQUESTED WAIVER TO ALLOW ONSITE SEWAGE, ONSITE SEWAGE AT THE PROPERTY NEAR 1 0 2 FRY STREET, UH, IT IS RECOMMENDED THE FOLLOWING STIPULATIONS, UM, THAT THE PROPERTY OWNER MUST, UH, CONNECT TO CITY SEWER SERVICES WITH ONE WITHIN ONE YEAR OF SEWER BEING AVAILABLE. UM, SO IF BY CHANCE THE CITY MAKES REPAIRS IN THAT AREA AND IT BECOMES MORE, LESS COST PROHIBITIVE FOR THE OWNER TO CONNECT, ALLOWING THAT CONNECTION, UM, AND THEN THE ONSITE SYSTEM WOULD NEED TO BE REMOVED AND REMEDIATED. UH, WE DO NOT REGULATE THE ONSITE SYSTEM, SO IT WOULD NEED TO COMPLY WITH ALL REQUIREMENTS AND BE PERMITTED THROUGH KENDALL COUNTY. AND THEN THE PROPERTY MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY OF BIRDIE AND BE PLATTED. SO THE LOT IS CURRENTLY UN PLATTED AND IT LOOKS LIKE THIS MIGHT BE AN OLDER PRESENTATION. AND SO THERE WAS ONE MORE STIPULATION THAT WE WANTED TO INCLUDE, UH, WHICH WAS, UH, THEY'RE SEEKING ONSITE SEWAGE FOR ONE SINGLE FAMILY RESIDENTIAL LOT AND SO THAT IT BE FOR ONE SINGLE FAMILY RESIDENTIAL LOT. AND THEN WITH THAT, UM, THE MOTIONS FOR CONSIDERATION. AND THEN OF COURSE I'LL TAKE ANY QUESTIONS. ABI [02:35:01] MIGUEL, IF YOU'LL GO BACK ONE SLIDE, I HAVE A, A QUESTION ON THAT FIRST STIPULATION, THE PROPERTY MUST CONNECT TO CITY SEWER SERVICES WITH ONE YEAR OF SEWER BEING AVAILABLE. I MEAN, TECHNICALLY TODAY IT'S A AVAIL AVAILABLE, AVAILABLE IS NOT IT'S COST PROHIBITIVE. HOW ARE WE, HOW ARE WE DEFINING AVAILABLE? SO IF WE MAKE ALL THE NECESSARY REPAIRS THAT ELIMINATE THE COST PROHIBITIVENESS, SO IF THE MANHOLE IS REFURBISHED BY THE CITY AND IT BECOMES, UM, IT COMES TO THE POINT WHERE UTILITIES FEELS THEY CAN MAKE A SAFE CONNECTION, THEN THAT SAFE CONNECTION COULD BE MADE. SO I CAN'T, I CAN'T GIVE YOU A WHOLE LIST OF WHAT WOULD MAKE IT FEASIBLE. I'M SURE THERE'S A VARIETY OF OPTIONS THAT COULD OCCUR, BUT ONCE IT BECOMES AVAILABLE AND UTILITIES IS COMFORTABLE WITH THE CONNECTION WITHOUT IT BEING A COST BURDEN TO THE OWNER EXCEPT FOR THEIR PRIVATE CONNECTION. SO WE WOULD EXPECT ANY, ANY RESIDENT PAYS FOR THEIR PRIVATE CONNECTION, BUT IF THE REPAIRS ARE MADE BY US AND IT'S CONNECTABLE, SO IS THERE ANY REASSURANCE THAT THE APPLICANT TOMORROW DOESN'T PUT IN A, A ONSITE SEPTIC AND THEN THREE WEEKS FROM NOW YOU'RE LIKE, OH, IT'S AVAILABLE, IT'S NOT AVAILABLE. IT'S THAT I CAN MIKE, UM, MICHAEL BRICKMAN CAN COME BACK AND DISCUSS WHAT GOES INTO A UTILITIES PLAN, BUT OKAY. THERE'S NOTHING ON THE RADAR RIGHT NOW TO MAKE REPAIRS ON THAT LINE OR TO MAKE CHANGES TO THAT LINE. UH, IT'S A LOT MORE THAN JUST THE UTILITY ON A WHIM SAYING WE'RE GONNA GO DO IT. SO IT'S LONG RANGE PLANNING THAT THE UTILITY DOES. I UNDERSTAND. THANK YOU COMMISSIONER FRIAR. SO ALONG THAT SAME THOUGHT, I BELIEVE, AND MR. KATES YOU MIGHT REMEMBER BETTER ON THE LAST ONE WE DID DOWN, WE DID A FIVE YEAR, THEY WOULDN'T BE REQUIRED TO TAP IN WITHIN FIVE YEARS, CORRECT? ONCE IT WAS AVAILABLE ONCE, YEAH. WE GAVE 'EM A FIVE YEAR GRANDFATHER SO THAT THEY COULD KIND OF RECOVER THE COST OF WHAT THEY DID BEFORE WE TURNED RIGHT AROUND AND SAID, I'LL FORGET THAT. GO AHEAD. MM-HMM . HOOK UP. YEAH, I WOULD LIKE TO SEE MAYBE MATCH THAT LANGUAGE. I I WOULD ALSO LIKE TO SEE A TIME LIMIT PUT ON, UH, REMOVED AND REMEDIATED INSTEAD OF JUST OPEN-ENDED, WE'LL NEED TO BE REMOVED AND REMEDIATED. BUT WHEN, SO, UH, I THINK THE ONE YEAR MAYBE SHOULD BE THERE AND, AND, UH, BUT NO SOONER THAN FIVE YEARS. YEAH. FROM GRANTING THE, THEY'RE GONNA HAVE, YOU WANT THEM TO REMOVE THE SEPTIC SYSTEM, IS THAT WHAT YOU'RE SAYING? WELL, YEAH, IT SAYS INSTALLED THE, THE INSTALLED ON ONSITE SEWER SYSTEM WILL NEED TO BE REMOVED AND REMEDIATED, BUT IT GIVES NO TIME PERIOD IN THERE OF WHEN THEY HAVE TO DO THAT AFTER THEY HOOK INTO THE CITY SEWER. IS THERE A REASON THAT IT REALLY NEEDS TO BE REMOVED? THAT'S A LOT TO DIG UP THOSE LINES. DIG UP THE TANKS, FILL THE HOLES. IS THERE A REASON THAT THEY NEED TO BE? SO GENERALLY YOU DON'T WANNA LEAVE THINGS LINGERING IN A YARD, WHICH IS CONVEYED TO OTHER FOLKS AND THEY DON'T KNOW WHAT EXISTS. AND SO REMOVING THOSE FACILITIES IS IN A TIMELY MANNER IS A RESPONSIBLE THING TO DO, ESPECIALLY GIVEN ITS ADJACENCY TO THE CREEKS. I'M GONNA SAY THE SAME THING I SAID THE LAST TIME WE TALKED ABOUT THIS. IT'S, THEY, THEY'RE ALSO PAYING FOR CITY SERVICES THAT CAN'T BE PROVIDED TO THEM. WELL, THEY'RE CURRENTLY, THEY'RE NOT PAYING FOR SEWER SERVICES, BUT THEY'RE PAYING THE FULL TAX RATE THAT EVERYONE ELSE IS PAYING FOR ACCESS TO SERVICES TOO. BUT KIND OF LEAD TO MY QUESTION, WHICH I'M, I'M NOT SURE IF I'M CRAZY FOR ASKING THIS OR NOT, BUT, UM, I'M WONDERING WHY WE WOULD BE REQUIRING HIM TO MAKE THE REPAIRS ANYWAYS, TO BE HONEST WITH YOU, , I MEAN, I FIND IT INTERESTING, THIS IS THE SECOND TIME, THIS HAS COME UP THIS YEAR VERY IN, JUST IN THE LAST FEW MONTHS, IT SEEMS LIKE HE SHOULD ONLY BE BARE IN THE BURDEN OF CONNECTION, NOT THE REPAIRS THAT ARE THE CITIES. RIGHT? YEAH, I CAN, I CAN TELL YOU, I'VE HAD A, A FEW DISCUSSIONS ABOUT THIS AND YOU KNOW, LOOKING AT IT FROM THE CITY'S LENS, BECAUSE I'VE HAD SOME SIMILAR SENTIMENTS AS YOU ALL AS IF, UM, THE CITY TOOK ON THE BURDEN OF THE $90,000 RIGHT. THAT WOULD ESSENTIALLY BE PASSED ON TO ALL OF US THAT HAVE THE SERVICE. SURE. YOU KNOW, IF SEWER SERVICE COSTS $60 A MONTH AND YOU TAKE $90,000 AND SPREAD THAT OUT, IT'S PROBABLY, I THINK THE MATH CAME OUT TO 110 YEARS FOR THE CITY TO RECOVER THAT, THAT COST. RIGHT. JUST SIMPLE MATH. UM, AND I DON'T EVEN KNOW IF SEWER COSTS THAT MUCH. I DIDN'T LOOK AT MY BILL. SO THERE, THERE IS A BALANCE IN BETWEEN, RIGHT? I THINK, UH, UH, UH, ONSITE [02:40:01] SITE SEPTIC TANK IS PROBABLY THE, THE, THE DEFINITELY THE RIGHT MOVE. WE'RE NOT DISAGREEING WITH THAT, AT LEAST AT THIS POINT. IT'S THE TIMELINE. AND SO IF I, MYSELF HAD BOUGHT A LOT AND THEN HAD TO ASK FOR THIS VARIANCE TO POTENTIALLY ABSORB $90,000 IN THE MIDDLE OF CONSTRUCTION PROJECT COULD CERTAINLY KILL A PROJECT FOR SURE. EASILY. RIGHT? AND SO I TEND TO LEAN TOWARDS THE, THE ACTION THAT WE'VE PREVIOUSLY TAKEN OR THE PRECEDENT OF, HEY, IF SEWER WERE TO BECOME AVAILABLE, AND IT'S NOT PLANNED ANYTIME SOON, LIKE, HEY, YOU'VE GOT FIVE YEARS NOTICE TO, UH, PAY WHAT TODAY IS $90,000, BUT COULD BE, YOU KNOW, AT SOME POINT IN THE FUTURE, TWICE THE AMOUNT. UM, AND SAME WITH THE, WITH THE REMEDIATION OR THE, THE REMOVAL OF IT. UM, WE DON'T KNOW WHAT THAT COST IS, BUT I THINK THERE SHOULD BE A FAIR TIME OR NOTICE FOR THE APPLICANT TO REMOVE THAT AS WELL. SO I KNOW THE APPLICANT'S HERE, I DON'T KNOW IF THERE'S MR. GARRISON, IF YOU HAVE ANYTHING YOU WANNA ADD TO THE CONVERSATION OR IF YOU'RE GOOD WITH EVERYTHING WE'VE DISCUSSED AT THIS POINT. UM, THANKS FOR SEEING YOU, BRIAN GARRISON. UM, THE PROPERTY NEXT DOOR IS MY HOME ALSO. SO THE, THE CONVERSATION IS THERE'S A THREE ACRE PIECE IN, THEN THERE'S A FOUR ACRE PIECE. UM, I DON'T KNOW HOW THE OTHER HEARING WENT, BUT THE CONVERSATION, I THINK MAYBE THAT, MAYBE THAT MIGHT BE ADDED TO IT IS BOTH PROPERTIES GAVE A HUNDRED OR 840 LINEAR FEET OF SEWER LINE FOR THIS TO BE PUT IN. SO I, I WOULD PREFER TO TIE INTO THE SEWER, BUT IT'S AGAINST, I MEAN, MY HOUSE DOESN'T HAVE A SEWER EITHER, SO I WOULD PREFER FOR THERE TO BE A TAP SO THAT I COULD TIE IN SO THAT I COULD SELL THE LOT AND IT TO BE TIED IN. THE REASON I'M HERE IS BECAUSE IT'S, HEY, THIS IS ALL ON YOUR BURDEN AND, AND WE'VE ALREADY PAID FOR A SEPTIC ON MINE LONG AGO. UH, WHEN IT WILL FAIL. I DON'T KNOW. UM, SO I I I, TO BE CLEAR, I'M NOT HERE BECAUSE, HEY, THIS IS THE, THIS IS THE, I DON'T THINK I SHOULD PAY AN ADDITIONAL $75,000 ABOVE A TAP FEE OR EVERYTHING ELSE TO DO THIS. UH, THE OTHER THING IS, IS THAT, THAT NUMBER THREE IS, I DON'T, I'M NOT IN FAVOR OF THAT. AND IF SO, I WOULDN'T WANT THAT, UH, TO PLAT WOULD REQUIRE, UH, ME TO PUT A, BUILD A CUL-DE-SAC AT THE END OF A ROAD. THE ROAD'S ALREADY THERE, ALREADY HAVE ACCESS. UH, AND, AND IT REQUIRES MORE BURDEN FOR SOMETHING THAT I DON'T WANT. I DON'T, THE ROAD'S ALREADY THERE. I DON'T WANT TO BUILD A CUL-DE-SAC DIRECTOR CRANE. IS THAT ACCURATE? IF IT'S PLATTED THAT HE HAS TO BUILD A CUL-DE-SAC, HE HAS TO MEET FIRE CODE AND THAT'S PART OF THE FIRE CODE. APPROPRIATE TURNAROUND. I JUST WANT TO CLARIFY TOO, THAT TO PUT AN ONSITE SEWER FACILITY REQUIRES A HOME. THERE IS NO HOME ON THE PROPERTY RIGHT NOW. SO TO BUILD THE HOME, IT WOULD STILL HAVE TO BE FLAT. YEAH. SO IT'S NOT A REQUIREMENT. IT'S ABOVE AND AND BEYOND. THERE'S NO POINT PUTTING IN ONSITE FOOD FACILITY IF THERE'S NO HOME TO TREAT WHAT IT TREATS. SO WHAT'S TRIGGERING THE PLAT REQUIREMENT? BUILDING ON THE PROPERTY? THERE IS NO BUILDING ON THAT VOID FOR PROPERTY. SO THE ONSITE TRIAGE IS A REQUEST FOR A . OKAY. THIS IS CITY LIMITS. YES. MY, UNDER MY UNDERSTANDING WITH THE ENGINEER AND THE CONVERSATIONS THAT WE'VE HAD IS THAT IF WE HAVE UTILITIES IN AN EASEMENT THAT'S NOT A PUBLIC EASEMENT THAT WE DON'T, THEN WE'RE NOT REQUIRED TO PLA. SO WE HAVE A FOUR ACRE JUST SIMILAR TO, I MEAN IF YOU WANNA PULL THE PROPERTY BACK UP, THERE'S FOUR O THERE'S THREE OTHER PROPERTIES THAT ARE THERE THAT ARE UN PLATTERED, THAT HAVE BUILDINGS. UH, A TIMING OF THE TIMING OF THIS IS THAT THIS WOULD, THIS WOULD OBVIOUSLY BE THE NEWEST OF ONE, BUT MY UNDERSTANDING IS THAT BECAUSE WE HAVE UTILITIES THAT ARE BEING BROUGHT THROUGH PRIVATE EASEMENT BEING A SEPTIC OR WATER THAT A PLAT DOES NOT REQUIRE, NO UDC REQUIRES SPECIFICALLY ANY NEW BUILDINGS TO BE HAVE A SUBDIVISION PLAT. BUT THERE ARE PLAT EXEMPTIONS THERE. THERE'S A COUPLE OF PLOT EXEMPTIONS THERE WOULDN'T APPLY TO EXEMPTIONS AT THIS POINT IN TIME, BASED ON MY KNOWLEDGE. A LOT WAS FORMED BY MEETS AND BOUNDS. WHAT YEAR? I DON'T KNOW OFF THE TOP OF MY HEAD. WELL, IT WAS BEFORE 1978 AND IT'S MORE THAN 0.5 ACRES, THEN IT WOULD BE EXEMPT FROM A PLANT. FIVE ACRES, NOT 0.5, FIVE ACRES. POINT FIVE FIVE ACRES IS THE EXEMPTION AT FIVE ACRES, NOT 0.5, 5.0. [02:45:01] I'LL HAVE TO GET A BUILDING PERMIT AT SOME POINT EITHER WAY. SO MY REQUEST IS THAT THAT NOT BE A RESTRICTION ON THIS. AND THEN I CAN GO TALK TO THE CITY AND SAY, HEY, THIS IS MY CASE AND THIS IS WHY IT MAKES SENSE TO PUT IT ON. THIS MAKES THE WHOLE CONVERSATION AND YEAH, I MEAN THE DECISION WE'RE MAKING THIS EVENING IS SUBJECT OR NOT. I THINK WE'RE ABLE TO, YOU KNOW, IT SOUNDS LIKE WE'RE WILLING TO GIVE A SEPTIC VARIANCE, BUT THERE'S A LOT OF ADDITIONAL TRIGGERS AND ITEMS THAT WILL NEED TO BE DISCUSSED WITH IF CITY, FUTURE STATE. I GOT A QUESTION. IF IT WAS, IF THE SEWAGE WAS IN WORKING RIGHT, WHAT WOULD IT COST FOR SOMEBODY TO CONNECT INTO THAT SEWAGE LINE? 90,000. I MEAN, WHAT, LIKE WHAT'S THE TYPICAL COST FOR SOMEBODY TO HOOK INTO THE SEWAGE HAPPEN TO THE SEWAGE? EIGHT TO 15 DIRECTOR BRINKMAN, YOU WANT TO COME UP AND IF, IF THE MANHOLE WAS, IF EVERYTHING WAS OPERATED, DIRECTOR BRIGMAN, I'M GLAD WE GET TO UTILIZE YOUR TIME AFTER WAITING HERE ALL EVENING. IT'S, UH, GOOD EVENING. UM, THE LINE DIRECTLY BEHIND AND, UH, IN THE DRAINAGE WAY OF, UH, OF THE CREEK IS A 30 INCH MAIN. AND AT THAT CLOSEST PROXIMITY, IT'S A VERY SHALLOW MAIN. UM, AND WE WOULD NOT ALLOW, UH, RESIDENTIAL SERVICE TO CONNECT TO THAT MAINE FOR A VARIETY OF REASONS. NAMELY NUMBER ONE IS THE SEWER GASES THAT EMANATE OFF OF THAT 30 INCH SEWER MAIN. IT'S GONNA PROVIDE SIGNIFICANT, UM, ODOR COMING OFF THAT SEWER MAINE THAT GOES DIRECTLY INTO THAT HOUSE. SO WHAT TYPICALLY WE WOULD REQUIRE WOULD DO THEM CONSTRUCT ANOTHER PARALLEL MAIN, UH, WITH THE SIX INCH SURFACE TO THE HOME GOING INTO A MANHOLE AND THEN AN EIGHT INCH SERVICE GOING SOMEWHERE ELSE. UM, BETTER ABLE TO ACCEPT THAT FLOW RIGHT THERE DIRECTLY BEHIND THE HOUSE. IT'S SO SHALLOW. IT WOULD LIKELY BACK UP AND BE A CONSTANT, UM, UTILITY NUISANCE. AND SAME, IT WOULDN'T CONVEY PROPER FLOW TO THE, TO THE RESIDENTIAL HOME. SO THEY WOULD'VE TO MOVE THAT CONNECTION FURTHER DOWNSTREAM TO WHERE THEY DID HAVE SOME DEPTH AND DID HAVE SOME CAPACITY TO BE ABLE TO DISCHARGE SEWER INTO THAT MAIN. SO IT'S NOT JUST, CAN I CONNECT TO THAT SEWER MAIN RIGHT BEHIND MY HOUSE IN A 30? IT WOULD BE, I'D HAVE TO GO AT A CERTAIN DISTANCE DOWNSTREAM TO BE ABLE TO GET SOME DEPTH TO GET IT INTO A PROPER LOCATION. BUT THAT WOULD REQUIRE CONNECTING AN AGED SPAN TO A MANHOLE, TO A MANHOLE TO WITHIN THE CERT WITHIN THE 30 TO TRY TO ELIMINATE ALL THOSE ODORS THAT IT WOULD CREATE FOR, OR NUISANCE THAT WOULD CREATE FOR THE, FOR THE HOMEOWNERS. AND THAT'S THE COST WE SEE CORRELATED. THAT'S SOME OF THE COST. I'M NOT SO SURE WHERE ALL OF THOSE COSTS ARE TOTAL TOTALIZED OUT AT, BUT, UM, IF IT IS ROUGHLY 90,000, THAT'S PROBABLY, UM, CONSTRUCTION OF A MANHOLE PLUS AN EIGHT INCH MAINE TO GET FURTHER DOWNSTREAM. THAT'S WHAT IT SOUNDS LIKE TO ME. THANK YOU. SO IN THE PAST, A PROPERTY OWNER WAS NICE ENOUGH TO LET THE CITY RUN A MAIN THROUGH THAT PROPERTY. EITHER THAT OR THE CITY PROCURED PROPERTY THROUGH AN EASEMENT FOR COMPENSATION TO LAY THAT MAIN THROUGH THAT PROPERTY. YES, SIR. OKAY. SIR, DID YOU HAVE TO PLOT THE LOT ON THE OTHER SIDE? NO. WHERE THE HOUSE, WHERE YOUR CURRENT HOUSE IS? NO, BUT TO CLARIFY, THAT'S A HOUSE THAT'S, UH, 48 YEARS OLD. OH, OKAY. I DON'T REALLY KNOW WHAT HE JUST SAID. BUT IF ALL THAT'S REQUIRED, THEN ONE BECOMES ONEROUS AT A LATER POINT AND WE'RE RIGHT BACK HERE. SO, I MEAN, HOW, HOW DO YOU SO I BUILD ON IT, I SELL THE PROPERTY OF MY FRIEND, WHICH IS THE CURRENT PLAN. AND IN FIVE YEARS, ASSUMING THAT THE MANHOLE GETS REBUILT, I DON'T KNOW WHAT HE JUST SAID AND WHAT'S REQUIRED, BUT IT, THE, THE THE SEWER LINE ARE NOT GONNA GET ANY DEEPER. WE'RE, WE'RE NOT, WE CAN'T MAKE THE SEWER LINE DEEPER. SO THE WHOLE EIGHT INCH LINE AND SEWER GAS AND ALL THAT, IT'S PROBABLY NEVER GONNA HAPPEN, IS WHAT YOU'RE SAYING. WELL, EVEN IF A MANHOLE GETS REBUILT, HOW DO YOU, I DON'T KNOW HOW YOU LIKE THE SEWER, THE SEWER LINE, THE REA THE PROBLEM WITH A MANHOLE IS EVEN IF WE COULD BUILD A MANHOLE TO DO IT AND MEET CODE, THE MANHOLE WOULD STICK FIVE FEET OUTTA THE GROUND AND IT LOOK LIKE A BUNKER. 'CAUSE YOU HAVE TO HAVE A CERTAIN AMOUNT OF SPACE INSIDE THE MANHOLE, BUT THERE'S NOT ENOUGH DIRT, SO IT WOULD JUST STICK INTO THE AIR. SO WHAT HE IS DESCRIBING, I THINK WHAT YOU'RE DESCRIBING IS BECAUSE OF THE HEIGHT OF THE SEWER LINE, YOU'RE GONNA HAVE SEWER GAS THAT'S ESCAPING. THAT'S MY INTERPRETATION WE'RE SAYING. AND IF WE'RE RUNNING DOWN AND GOING TO A DIFFERENT MANHOLE AND DOING ALL THESE THINGS, WE'RE FORCING THE HOMEOWNER TO DO THAT IN FIVE YEARS. DOESN'T FEEL LIKE [02:50:02] A STIPULATION. THAT'S A GOOD ONE. WELL, IT'S NOT FORCING IN FIVE YEARS. IT'S SAYING WHEN THE SERVICE IS ESTABLISHED, WHICH COULD BE IN 20, YOU HAVE FIVE IT BE IN FRY STREET, THEY COULD GO BACK AND FIX FRY STREET AND EXTEND THE SIX INCH MAIN UP. THAT'S RIGHT. IT'S OPEN TO INTERPRETATION ON WHAT THAT SERVICE MEANS. THAT'S WHY IT'S, IT'S OPEN-ENDED. SO WE'RE NOT MANDATING ANYTHING SMELLY OR NOT WANTED WITH BY UTILITY PAGE, YOU KNOW, IT'S NOT THE PREFERRED CONNECTION. YEAH. AND TO GIVE YOU A LITTLE COMFORT LEVEL ON WHERE THAT FIVE YEARS CAME FROM, UH, WHEN THIS CAME UP BEFORE THE DISCUSSION CAME UP OF, WELL, I'M GONNA GO SPEND THIS $14,000 ON THIS SEPTIC SYSTEM, WHAT IF THE CITY OF BERNIE DECIDES TO EXTEND THAT LINEUP HERE IN SIX MONTHS AND SAY, OKAY, HOOK UP NOW, AND I JUST SPENT $14,000 AND NOW YOU WANT ME TO HOOK UP TO THE SEWER. THE FIVE YEARS WAS TO SAY THE CITY OF BERNIE WON'T MAKE YOU HOOK UP TO ANYTHING FOR A MINIMUM OF FIVE YEARS. SO, YOU KNOW, YOU GET YOUR INVESTMENT BACK. SURE. I BELIEVE THAT YOUR QUESTION EARLIER WAS WHAT WOULD IT TAKE TO TIE INTO THE MANHOLE AND THE ANSWER, IF THAT WAS YOUR QUESTION? THE ANSWER, THE TYING INTO THE MANHOLE, STUBBING AND EVERYTHING ELSE, ASSUMING THAT THE MANHOLE WAS IN GOOD SHAPE IS ABOUT EIGHT TO $12,000. YEAH. SO, SO I THINK WE ADD THE FIVE YEAR BUFFER TO BE CONSISTENT WITH WHAT WE DID EARLIER THIS YEAR. AND WOULD REMOVING CONSIDERATION NUMBER THREE AND PUSHING THAT TO WHEN, UM, A BUILDING PERMIT IS, IS FILED MORE APPROPRIATE? NO, I ON TH I MEAN THREE YOU CAN REMOVE IF YOU'D LIKE. IT RE IT'S REQUIRED TO BE PLATTED. SO UNLESS THE UDC IS CHANGED, UH, THEN HE HAS TO GO THROUGH THE PLATTING PROCESS. BUT THE ON ONSITE SEWER IS TRIGGERING THE PLATTING OR THE CONSTRUCTION OF THE BUILDINGS, THE CONSTRUCTION OF THE HOME. YEAH. RIGHT. THAT'S WHAT HE'S SAYING. IS THAT, THAT'S WHAT I'M SAYING. YES. HE DOESN'T WANT THE PLA TO BE TIED TO THE SEPTIC SYSTEM. RIGHT. THAT CAN BE PUSHED OUT UNTIL THE CONSTRUCTION OF THE HOME. AT SOME POINT, I'M GONNA HAVE TO GET A BUILDING PERMIT. SO IF, IF WE'RE GONNA BUILD THIS AND WE'RE GONNA BUILD A SEPTIC, I JUST WANT THE APPROVAL TO SAY, HEY, I CAN DO THIS. WE, WE CAN, YOU KNOW, THUMB WRESTLE AS TO WHETHER OR NOT IT'S REQUIRED BECAUSE OF THE AGE OF PLAT. AND, YOU KNOW, ON ONSITE UTILITIES ARE NOT MY UNDER AND I'M NOT THE PRO IN THE ROOM. I DON'T KNOW, I, I'M JUST RELAYING THE CONVERSATIONS THAT I'VE HAD WITH THE PEOPLE THAT KNOW CIVIL ENGINEERS. EVERYTHING ELSE THEY SAID, IF YOU HAVE THIS AND YOU HAVE THIS, THEN YOU DON'T, IT'S, YOU WON'T BE REQUIRED TO PLA IT. IF, AND IF I'M REQUIRED TO PLAT IT, IT'S ONEROUS IN A DIFFERENT WAY. I, I THINK, UH, MY RECOMMENDATION WOULD BE TO ELIMINATE NUMBER THREE HERE AND REPLACE THAT WITH THE STIPULATION THAT THIS MAY ONLY BE USED FOR A SINGLE FAMILY HOME. MM-HMM . ALSO, I SUPPORT THAT I CAN SUPPORT THAT, WHICH I THINK SERVES THE SAME PURPOSE. AND THAT THAT CAN BE A, WELL, CHRIS HAS ALREADY GOT THE MOTION. HE'S READY AND, AND CHANGE THE ONE TO FIVE. YEAH. UM, I MEAN YOU CAN DO IT. I'LL LET YOU DO IT 'CAUSE YOU GOT IT. YES. NO, NO, NO. NOT CHANGE THE ONE TO FIVE. MM-HMM. PUT A FIVE YEAR BUFFER IN THERE. AFTER FIVE YEARS, A SEWER BECOMES AVAILABLE. THEY STILL HAVE TO HOOK UP WITHIN ONE. THE FIVE YEARS WAS THE BUFFER TO MAKE SURE THEY RECOUP THEIR BED. THAT'S FAIR. THAT'S WHAT WE DID ON, YEAH. DOES ANYONE REMEMBER HOW WE WORDED THAT? I THINK IT WAS WORTH THE SAME EXCEPT ONE FIVE. NO, THEY DIDN'T HAVE FIVE YEARS TO TAP IN. THEY DO, I THINK THEY STILL HAD ONE YEAR TO TAP IN, BUT AFTER THE FIVE YEARS EXPIRED, NO, AFTER, NO SOONER THAN FIVE YEARS. YES. YEAH, EXACTLY. YEAH. OKAY. SO ONE YEAR AFTER THAT MUST CONNECT TO CITY SEWER SERVICES WITHIN ONE YEAR OF SERVICE BEING AVAILABLE, BUT NO SOONER THAN FIVE YEARS AND MUST PAY ALL NECESSARY COSTS AND FEES WE'LL HAVE ALL THAT'S YOUR MOTION, . ALL RIGHT. I'LL MAKE A MOTION THAT THE, UH, PLANNING ZONING APPROVED THE REQUESTED WAIVER TO ALLOW US ONSITE SEWAGE AT THE PROPERTY NEAR 1 0 2 FRAY STREET. UM, AND THAT NUMBER ONE BE CHANGED TO FIVE YEARS AND RE REMOVE NUMBER THREE, WHICH WOULD BE A REQUIREMENT ANYWAY, BUT WE DON'T NEED TO PUT IT HERE. AND THAT, UM, WITHIN OR A MINIMUM OF FIVE YEARS. AND THEN ONE YEAR AFTER THE FIVE YEARS TO, UH, BE CONNECTED TO THE CITY SEWAGE SYSTEM AND ADD THE, ADD THE SINGLE FAMILY HOMEOWNER AND OH, AND, AND ALSO ADD THE SINGLE, UM, HOME DWELLING. [02:55:10] AND THE MOTION PASSES UNANIMOUSLY. THANK YOU FOR YOUR TIME MR. GARRISON AND FOR YOUR PATIENCE MOVING [6. 2026-373 HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) ADOPTED ON NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO CHAPTER 1 - GENERAL PROVISIONS; CHAPTER 2 - GENERAL PROCEDURES; CHAPTER 3 - ZONING; CHAPTER 4 - RESIDENTIAL SITES; CHAPTER 5 - NONRESIDENTIAL SITES; CHAPTER 8 - ENVIRONMENTAL DESIGN; APPENDIX A - DEFINITIONS; AND APPENDIX D - DARK SKY REGULATIONS.] FORWARD ON THE REGULAR AGENDA, HOLD A PUBLIC HEARING, MAKE A RECOMMENDATION TO THE CITY COUNCIL ON AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE UDC ADOPTED ON NOVEMBER 24TH, 2020, INCLUDING BUT NOT LIMITED TO CHAPTER ONE, GENERAL PROVISIONS. CHAPTER TWO, GENERAL PROCEDURES, CHAPTER THREE, ZONING. CHAPTER FOUR, RESIDENTIAL SITES. CHAPTER FIVE, NON-RESIDENTIAL SITES. CHAPTER EIGHT, ENVIRONMENTAL DESIGN, APPENDIX A, DEFINITIONS AND APPENDIX T, DARK SKY REGULATIONS. MR. WILLINGHAM, GOOD EVENING COMMISSION. UH, I'M WILLIE WILLINGHAM. I'M GOING TO BE PRESENTING TO YOU, UH, THE PROPOSED 2026 UDC AMENDMENTS. UM, THIS IS GONNA BE A BIT OF A UNIQUE PRESENTATION. IF YOU CAN ALREADY SEE THERE'S TWO SCREENS THAT ARE BEING DISPLAYED RIGHT NOW. IT'S GONNA BE A BIT MORE OF A WORKSHOP KIND OF DEAL HERE. UM, SO AS I MOVE FORWARD, UM, WHAT I'LL BE DOING IS I'LL BE DISCUSSING A CHAPTER, JUST KIND OF DOING A REFRESHER, UH, TOUCHING ON SOME OF THE ITEMS THAT ARE INCLUDED IN THIS EXCEL SHEET. AND THEN WE WILL SIMULTANEOUSLY WORK ON THE PRESENTATION AND THE EXCEL SHEET, GET SOME INPUT FROM THE COMMISSION. THE INTENT OF THE EXCEL SHEET THAT YOU SEE IN FRONT OF YOU TODAY, UH, IS BASED UPON SOME OF THAT FEEDBACK THAT SOME OF Y'ALL HAD FORMS FOR, THAT YOU RETURNED BACK TO US, UM, HAS BEEN KIND OF COMPILED AND OFFERED STAFF RESPONSES FOR MANY OF THOSE QUESTIONS AND COMPILED THEM AT LEAST SO THEY'RE CATEGORIZED BY CHAPTER. UM, AS WE GO THROUGH THIS, WHAT WE ARE LOOKING TO DO IS ESSENTIALLY I'LL GIVE A RECAP ABOUT WHAT THE CHAPTER'S ABOUT WHAT ARE THE AMENDMENTS THAT ARE BEFORE YOU, AND THEN WE WILL GO OVER THE ITEMS HERE ON YOUR EXCEL SHEET. AND BASICALLY IF THE COMMISSION DETERMINES THAT THEY WOULD LIKE TO MAKE A SPECIFIC RECOMMENDATION IN REGARDS TO SOME OF THE COMMENTS THAT ARE ON THIS, UH, EXCEL SHEET, UM, THAT WE CAN UPDATE THEM LIVE THAT WAY WHEN IT'S TIME TO MAKE A RECOMMENDATION AT THE END OF THE PRESENTATION THAT YOU HAVE ALL OF THESE, UH, RECOMMENDATIONS DOCUMENTED. SO JUST SOME BACKGROUND FOR THIS CASE. UH, WE KNOW THAT ON MARCH 24TH, UH, WE HELD THAT JOINT SESSION WITH UH, CITY COUNCIL PLANNING, ZONING COMMISSION AND CITY COUNCIL TO ESTABLISH OUR UDC GOALS FOR THE 2026 YEAR. UM, AFTER THAT STAFF WORKED TOGETHER AND COMPILED, UH, DRAFT AMENDMENTS, WHICH YOU ALL SAW IN AUGUST 3RD, 2026 LAST MONTH. AND SO TODAY WE ARE GOING OVER THESE AMENDMENTS, UH, TO SEE IF THERE ARE ANY CHANGES OR RECOMMENDATIONS THAT THE COMMISSION WOULD LIKE TO SEE. AND SO WE ALREADY HAVE THAT TABLE UP. THANK YOU. AND SO WE'LL GO OVER EACH CHAPTER SO I WON'T BOTHER UH, GOING OVER WHAT EACH CHAPTER IS, IS 'CAUSE WE'RE GONNA GET INTO IT RIGHT NOW. SO THIS IS CHAPTER ONE AND CHAPTER TWO, APPLICATION AND PLANNING PROCEDURES AS WELL AS BUILDING AND GRADING PERMITS. UH, SO JUST TO KIND OF RECAP, 'CAUSE I KNOW THIS IS A BIG THEME ON UH, SOME OF THE QUESTIONS THAT WERE BEING HAD IN THIS EXCEL SHEET IS WHAT EXACTLY IS THE AUTHORITY REVIEW TABLE? SO WHAT WE SEE ON THE LEFT HAND SIDE IS, UH, IT'S A ROADMAP ESSENTIALLY FOR HOW APPLICATIONS ARE TAKEN. IT'S JUST THIS HAS NOT BEEN CODIFIED IN THIS WAY BEFORE. AND SO IT'S KIND OF GIVING A GRAPHIC FOR HOW APPLICATIONS ARE TAKEN, UM, DURING OUR DEVELOPMENT PROCESS. SO THE LEFT HAND SIDE IS TELLING YOU WHAT KIND OF APPLICATION AND WHO IS INVOLVED IN THAT PROCESS. AND THE RIGHT HAND SIDE, THE LEGEND IS THE LEGEND. IT'S TELLING YOU WHO IS INVOLVED IN THAT PROCESS AND WHAT UM, THEIR ROLE IS. SO AS AN EXAMPLE, WE'RE DOING UDC AMENDMENTS TODAY. WE KNOW THAT WHAT HAPPENS HERE TODAY IS THAT PLANNING STAFF, MYSELF A PLANNER WITH THE PLANNING DIRECTOR, UH, COME BEFORE YOU TO MAKE A RECOMMENDATION ON UDC AMENDMENTS. UH, WE PRESENT THESE ITEMS TO YOU AND THE PLANNING ZONING COMMISSION THEN MAKES A RECOMMENDATION TO CITY COUNCIL ON THE UDC AMENDMENTS. ULTIMATELY THE CITY COUNCIL WILL APPROVE OR DENY THE AMENDMENTS. AND SO THAT IS WHAT WE SEE HERE ON THIS TABLE THAT'S HIGHLIGHTED IN YELLOW. THE UDC AMENDMENT, THE RESPONSIBLE AGENT IS P THAT IS THE PLANNING DIRECTOR. THAT'S ME PLANNING STAFF. UH, STAFF MAKES A RECOMMENDATION. UH, WE HAVE A RECOMMENDATION BEFORE YOU TODAY. UH, PLANNING AND ZONING COMMISSION WILL MAKE A RECOMMENDATION AT THE END OF THIS HEARING AND THEN CITY COUNCIL WILL ULTIMATELY MAKE THE FINAL DETERMINATION. SO THEY ARE THE DECISION AGENT HERE. SO JUST AS ANOTHER EXAMPLE, 'CAUSE I KNOW WE'LL GET INTO THIS ABOUT THE DEVELOPMENT PROCESS. SO I WANT TO OUTLINE, UH, WHAT A PRELIMINARY PLAT AND A RECORDING PLAT DO. SO A PRELIMINARY PLAT, THE RESPONSIBLE AGENT IS UH, A PLANNER. THE PLANNING DEPARTMENT, UH, STAFF WILL MAKE A RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION AND THE PLANNING AND ZONING COMMISSION WILL ULTIMATELY APPROVE OR DENY THAT APPLICATION. UM, SO THAT IS ON A PRELIMINARY PLAT. RECORDING PLATS IS A NEW DEFINITION. ESSENTIALLY WHAT THAT MEANS IS A FINAL [03:00:01] PLAT. UM, AND SO I'LL GET INTO THAT NEXT IN THE COMING SLIDES AS TO WHAT THE DIFFERENCE IS BETWEEN PRELIMINARY AND RECORDING. UM, BUT ESSENTIALLY RECORDING COMES AFTER PRELIMINARY. THEY MUST BE ALMOST IDENTICAL. ESSENTIALLY THEY NEED TO BE EXACTLY IDENTICAL. SO RECORDING PLATS, THAT'S THE PLANNING STAFF, BUT THE PLANNING STAFF HAS THE DECISION AGENT ON THAT. THE ONLY TIME THAT IT WOULD COME TO THE PLANNING ZONING COMMISSION IS IF IT DOES NOT CONFORM WITH THE PRELIMINARY PLAT THAT THE PLANNING ZONING COMMISSION HAD PREVIOUSLY SEEN. SO LET'S GO OVER JUST THE DEVELOPMENT PROCESS AS IT IS RIGHT NOW. UH, SO RIGHT NOW WE HAVE THE PLANNING PROCESS. UH, WE REQUIRE THAT APPLICANTS SUBMIT TO US EXISTING CONDITIONS REPORT, UH, DEPENDING ON THE DEVELOPMENT, IF THEY NEED A MASTER DEVELOPMENT PLAN, IF THEY HAVE INFRASTRUCTURE, WE NEED OCS. AND THEN WE HAVE THEIR PLAT PLAT EXHIBIT. AND THEN ONCE THAT PLAT EXHIBIT HAS BEEN WORKED WITH STAFF, WE BRING IT FORWARD TO THE PLANNING AND ZONING COMMISSION. IF IT'S A MAJOR PLAT, IF IT'S A MINOR PLAT, THEN IT'S ADMINISTRATIVELY APPROVED AND THEN WHAT HAPPENS NEXT IS PLAT RECORDATION. SO WHAT WE ARE PROPOSING IN THIS PROCESS IS A PRELIMINARY PLAT. AND SO THIS IS BASICALLY MOVING THE PLANNING APPROVAL FROM THE PLANNING ZONE WITH THE PLANNING AND ZONING COMMISSION TO AN EARLIER PHASE IN THE PROCESS. THAT WAY DESIGN WORK IS NOT NECESSARILY HAPPENING SO FAR IN ADVANCE AND THEY'VE SPENT ALL THIS LEGWORK, UH, THE ENGINEERS AND THE APPLICANTS IN DESIGNING A PRODUCT. AND THEN THEY RECEIVE FEEDBACK AT THE VERY END OF THE PROCESS WHERE THE PLANNING ZONING COMMISSION SAYS, HEY, THIS IS THE FIRST TIME I'VE SEEN THIS AND YOU KNOW IT HAS X, Y, Z ISSUE. WE'D LIKE YOU TO REDESIGN IT. UM, SO THIS JUST MOVES IT EARLIER IN THE PROCESS. UM, YOU ARE STILL GOING TO SEE THE NUMBER OF PLATS AND APPLICATIONS THE SAME NUMBER OF TIMES. IT'S JUST MOVING IT EARLIER IN THE PROCESS. THE ONLY TIME THAT YOU WOULD NEED TO SEE IT AGAIN IS IF WHAT YOU APPROVED IN THE PRELIMINARY PLAT IS NO LONGER IDENTICAL TO WHAT YOU'RE SEEING WITH THE FI OR WHAT STAFF IS SEEING WITH THE FINAL PLAT. IF IT SOMEHOW HAS CHANGED SO SIGNIFICANTLY, UM, WHICH WE'LL GET INTO IN THE EXCEL SHEET. BUT IF IT'S A MAJOR DEVIATION THEN IT NEEDS TO COME BACK HERE. AND THEN NEXT WITH THIS UDC AMENDMENT, WE ALSO HAVE THE PROPOSED UH, CONSTRUCTION PROCESS. ESSENTIALLY WE'RE JUST CLARIFYING WHAT HAPPENS IN THIS PROCESS IN OUR UDC. UM, WE HAVE CONSTRUCTION PERMITS. THEY NEED THEIR SDPS, THEIR SITE DEVELOPMENT PERMITS AND THEY'RE BUILDING PERMITS RIGHT AFTER THEIR PLAT RECORDATION. UM, THEY WILL NOT GET RELEASED TO DO ANY OF THAT UNTIL THEY HAVE ACCEPTED, UH, PUBLIC IMPROVEMENTS. AND THEN ONCE THEY'VE BUILT ALL THEIR ITEMS, THEY'LL NEED A CERTIFICATE OF OCCUPANCY AND THEN THAT'S WHEN ESSENTIALLY THAT BUILDING'S COMPLETE AND THEY'RE DONE WITH OUR PROCESS. UM, SO I WILL PAUSE HERE AND OPEN UP FOR A KIND OF COMMISSION COMMENTARY AS WE WORK THROUGH THE EXCEL SHEET. SO DOES EVERYONE HAVE ONE OF THESE AS WELL AND JUST SO WE CAN ALL PERFECT. UM, SO I KNOW THAT UH, THE FIRST COMMENTARY THERE WAS ABOUT THE RESPONSIBLE AGENT. UH, SO I WON'T NECESSARILY GO OVER THE QUESTION. DOES THE COMMISSION HAVE ANY COMMENTS OR QUESTIONS ABOUT A RESPONSIBLE AGENT UNDER NUMBER NUMBER FIVE OR IN THE CHART P AND Z OR ADMIN APPROVAL? WHAT IS THE UM, THE DIFFERENCE? IS THERE A THRESHOLD OR SOMETHING FOR THE DIFFERENCE BETWEEN P AND Z OR ADMIN APPROVAL? THIS IS UH, ON THE PLANNING PROCESS. THE FIFTH ITEM OR FIVE OUT OF NINE OR HERE OH, YOU'RE ON THE SLIDES, I APOLOGIZE. YEAH, YEAH, YEAH. SLIDE EIGHT. OH WE'RE HERE. AND YOU'RE ASKING ABOUT, YEAH, THE FIFTH ONE RIGHT THERE. NUMBER FIVE, PLAT APPROVAL, P AND Z OR ADMIN APPROVAL. YES. UM, SO JUST LIKE WE HAVE NOW, WE HAVE MAJOR PLATS OR MINOR PLATS. SO FOR EXAMPLE, A MINOR SUBDIVISION PLAT MIGHT BE A LOT THAT'S ONE OR TWO LOTS THAT ALREADY HAS PUBLIC INFRASTRUCTURE. UM, AND THEY'RE BUILDING A RESIDENTIAL HOME THAT IS AN EXAMPLE OF A MINOR PLAT. AND SO LET ME SEE HERE. ACTUALLY I THINK I HAVE IT DEFINED. YES, IF YOU ACTUALLY WANT TO TAKE A LOOK AT, UH, THE FIFTH ONE, IT'S ON THE SECOND PAGE OF THE EXCEL SHEET HERE. SO A MINOR DEVELOPMENT PLAT IS FOR ONE RESIDENTIAL LOT DEVELOPMENT THAT DOES NOT REQUIRE PUBLIC INFRASTRUCTURE CHANGES. THAT WOULD BE AN EXAMPLE OF A PLAT THAT IS NOT COMING TO THE PLANNING AND ZONING COMMISSION. A MINOR PLAT, WHICH IS DIFFERENT IS FOR A SUBDIVISION OF FOUR LOTS OR LESS THAT DOES NOT REQUIRE PUBLIC INFRASTRUCTURE. ALRIGHT, SO THESE ARE THE KIND THAT WOULD BE ADMINISTRATIVELY APPROVED AND THIS IS ALREADY THE PROCESS. OKAY, THANK YOU. WHAT'S THE THRESHOLD IN SIZE FOR A PLANT? SO MINOR PLAT IS FOR ONE LOT, BUT THERE'S NO SIZE THRESHOLD. SO IT COULD BE ONE 20 ACRE LOT. [03:05:01] I BELIEVE THAT'S CORRECT, YES. IF IT'S JUST ONE RESIDENTIAL LOT AND THEY'RE JUST PLATTING THAT ONE LOT. IF THEY WANTED TO SUBDIVIDE AND THEY WANTED TO BUILD FOR EXAMPLE, A NEIGHBORHOOD, THEN THAT NOW BECOMES A MAJOR SUBDIVISION PLAT. AND SO THAT WOULD NEED, UM, EYES WITH THE COMMISSION DURING THE PRELIMINARY. AND THAT'S RESIDENTIAL ONLY? CORRECT? IF THEY'RE DOING ONE RESIDENTIAL VERY SIMILAR TO THE SITUATION, YES. WE LOOKED AT THIS EVENING AND WE'RE STATING THAT THAT WOULD REQUIRE OR IT WOULD BE ACCEPTABLE TO HAVE ADMINISTRATIVE APPROVAL NOT PNZ APPROVAL. CORRECT. THAT'S WHAT IT, THAT'S WHAT IT IS TODAY. THAT'S WHAT IT IS TODAY. AND SO THEN CONCURRENTLY LIKE WHAT ARE WE PROPOSING, WE'RE PROPOSING TO KEEP IT THE SAME. OH, OKAY. THE ONLY CHANGE THAT'S HAPPENING HERE. SO WHAT, WHAT YOU AS THE COMMISSION WILL SEE AND WHAT YOU ARE ABLE TO ACT ON IS NOTHING'S CHANGING IN THAT ASPECT. THE ONLY ASPECT THAT'S CHANGING IS YOU'RE NO LONGER GOING TO SEE IT AT THE END OF THE DEVELOPMENT PROCESS AND THE PLANNING PROCESS. YOU'LL SEE IT AT THE BEGINNING THAT WAY THE APPLICANTS HAVE THE OPPORTUNITY TO TAKE COMMISSION FEEDBACK EARLY ON BEFORE THEY'VE, YOU KNOW, HAD SOME MAJOR ENGINEERING COSTS AND DESIGN. UM, THEY SEE IT EARLY IN THE PROCESS. THEY GET COMMISSION FEEDBACK. UM, AND SO OF COURSE THAT'S FOR ALL MAJOR PLATS AS THEY GO THROUGH THE PROCESS. IF SOMETHING HAS CHANGED THEN IT COMES BACK. SO ALMOST IN A SENSE THE COMMISSION IS GETTING AN ADDITIONAL CHECK, UM, BY MOVING IT FORWARD. THANK YOU. WHAT IS THE DEFINITION OF THE CHANGE? 'CAUSE A AMENIA YOU SAID IF THERE'S ANY MAJOR CHANGES. AH, YES. SO WHAT, WHAT IS THE, THE LEVEL OF THERE IS, THERE IS A DEFINITION. UH, SO MAJOR DEVIATIONS INCLUDE INCREASES IN DENSITY AND CHANGES TO PUBLIC INFRASTRUCTURE. UM, MINOR DEVIATIONS WOULD INCLUDE CLERICAL CHANGES OR DECREASES IN DENSITY. THOSE ARE REALLY THE BIGGEST DIFFERENCES HERE. SO IF YOU'RE THINKING ESPERANZA RIDE, IF ESPERANZA DECIDED, OKAY, WELL I'M GOING TO MAKE LESS LOTS 'CAUSE WE HAVE AN ENVIRONMENTAL CONSTRAINT, UM, THAT WOULD ALLOW THEM TO CONTINUE THROUGH THE PROCESS AND NOT COME TO THE COMMISSION. BUT IF THEY'RE SAYING, HEY, WE'RE ACTUALLY GONNA CHANGE, UM, OUR LOTS FROM 60 FEET FRONTAGE LENGTH TO 50 AND NOW THEY'VE INCREASED THE NUMBER OF LOTS, THEN THAT, THAT'S A MAJOR CHANGE. THE COMMISSION WOULD NEED TO APPROVE THAT. AND THAT'S ONCE AGAIN ALREADY KIND OF THE PROCESS. NOW ALL WE'RE TALKING ABOUT NOW IS THE ORDER, CORRECT? THAT'S CORRECT. GOT IT. IS THERE A, A GOAL OF TIME WITH THIS WHOLE PROCESS? IS IT A YEAR OR THREE MONTHS GOING THROUGH THE DEVELOPMENT PROCESS? YEAH, I KNOW YOU CAN'T EVER GET IT EXACTLY RIGHT, I WOULD SAY, UH, BUT IS THERE A, A GOAL OF, YOU KNOW, HAVE IT DONE WITHIN SO MANY MONTHS OR? I WOULD SAY THAT EACH PROJECT IS UNIQUE. APPLICANTS ASK THIS QUESTION A LOT OF THE TIMES AND TYPICALLY MY RESPONSE TO THEM IS, IT REALLY DEPENDS ON THE TYPE OF PLAT AND THE COMPLEXITY OF YOUR PLAT. UM, BUT STAFF HAS OUR INTERNAL REVIEWS. WE HAVE 30 DAYS UPON 30 DAYS FOR REVIEW UPON THE FIRST SUBMITTAL AND THEN, UH, 15 DAYS FOR EACH SUBSEQUENT REVIEW OF EACH SUBMITTAL. SO THE LENGTH OF TIME IS REALLY TYPICALLY DETERMINED KIND OF BY THE NUMBER OF REVIEWS THAT ARE HAPPENING AND ALSO THE APPLICANT'S RESPONSIVENESS TO STAFF COMMENTS. UM, THAT'S REALLY WHAT'S DRIVING THE PROCESS. ALRIGHT, THANK YOU. ARE THERE ANY RECOMMENDATIONS FOR CHAPTER ONE AND TWO? IF NOT, I WILL CONTINUE. ALRIGHT. AND THOSE WERE MY COMMENTS AND I CORRECT THAT'S CORRECT, BUT MY THOUGHTS IN THERE, SO I DON'T KNOW. YEAH, I DON'T KNOW WHAT ELSE TO, TO ADD. UM, MR THERE'S ANY, I I WOULD JUST SAY IF, IF YOU WOULD LIKE TO MAKE SOME KIND OF CHANGE THAT THAT'S WHAT THAT LAST COLUMN IS. I MEAN THIS WILL BE INCLUDED IN THE DOCUMENT. SO COUNSEL WILL BE ABLE TO SEE, UM, WHAT YOUR RECOMMENDATIONS WERE IN THIS SHEET HERE. UM, IT'S INCLUDED IN THE PACKET AS WELL. UM, SO THIS LAST COLUMN THERE IS FURTHER INTERACTIVE PORTION IF WE WANT TO MAKE A RECOMMENDATION THAT'S DIFFERENT FROM STAFF, RECOMMEND RECOMMENDATION TODAY. ANY CHANGES? NO. OKAY, WE'RE GOOD THERE. OKAY, SO THIS IS OUR NEXT CHAPTER. THIS IS DATA CENTERS AND PERMITTED USES. UM, SO WE HEARD KIND OF THE ITEMS AT LENGTH LAST, UH, SESSION. WHAT WE SEE HERE IN THE PERMITTED USE TABLE, WHAT'S PROPOSED WITH DATA CENTERS IS THAT DATA CENTERS WILL ONLY BE APPROVED WITH AN SUP [03:10:01] IN I TWO AND I THREE. THOSE ARE OUR MOST INTENSE INDUSTRIAL DISTRICTS WITHIN THE CITY OF BERNIE. THE SUP WILL ALLOW THEM TO ESSENTIALLY ALWAYS COME FORTH BETWEEN FOR THE PLANNING, ZONING, COMMISSION AND CITY COUNCIL BEFORE THEY CAN BE APPROVED AND FOLLOW THE DEVELOPMENT PROCESS. WE'VE ALSO INCLUDED SPECIFIC DEVELOPMENT REQUIREMENTS FOR A DATA CENTER, SHOULD THEY GET APPROVED AND FOLLOW THE SUP PROCESS. THE NEXT GROUP ARE, UH, VAPE SHOPS AND CBTE ESTABLISHMENTS. UH, THEY'RE BEING, UH, PROPOSED IN THE PERMITTED USE TABLE IN A C3 AND C FOUR. THOSE ARE MORE INTENSE COMMERCIAL DISTRICTS, BUT ONLY WITH AN SUP. SO JUST LIKE WITH THE DATA CENTER, THEY'RE ONLY GOING TO COME, THEY CAN ONLY BE APPROVED IF THEY COME BEFORE THIS BOARD AND APPROVED BY THE CITY COUNCIL. AND THEN LASTLY, WE HAVE DISTINGUISHED BETWEEN WHAT A TATTOO AND BODY ART ESTABLISHMENT ARE VERSUS A PERMANENT COSMETICS OR MICROBLADING ESTABLISHMENT. SO THINK EVEN LIKE COLLAGEN THREADING, THERE'S A LOT OF DIFFERENT BEAUTY STANDARDS THAT DO PERMANENT CHANGES. UM, WE'VE SEPARATED OUT THOSE USES SO THAT TATTOOING AND BODY ART ARE ONLY PERMITTED IN OUR MOST INTENSE COMMERCIAL DISTRICTS, SIMILAR TO VAPE SHOPS AND CBD, UH, WITH AN SUP, THEY HAVE TO COME BEFORE THIS BOARD. IF IT'S ANYTHING ELSE, LIKE PERMANENT COSMETICS, THINK MICROBLADING, THINK THREADING, THOSE ARE PERMITTED BY RIOT IN OH ONE THROUGH CR. I HAVE A QUESTION. YES. IS THERE, IS IT WITHIN OUR PURVIEW TO REQUIRE, AND IT MAY BE TOO LATE NOW, THERE'S SEVERAL WITH THE NEW LEGISLATION. THERE'S A SEVERAL OF THE MEDICINAL SUPPLY HOUSES THAT ARE CLOSED DOWN, , WHATEVER YOU WANNA CALL 'EM. THEY'VE CLOSED DOWN, BUT THEIR SIGNS ARE STILL REMAINING. IS THERE ANY WAY WE CAN REQUIRE THAT THEY HAVE TO REMOVE THEIR SIGNS IF THEY'RE NOT IN BUSINESS? CAN THAT BE PART OF THIS CATEGORY? TO REMOVE THEIR, TO REMOVE THEIR SIGN IF THEY'RE NO LONGER IN BUSINESS FOR LIKE A CBD SHOP, THEY'RE IN THEIR WINDOWS. OR YOU DON'T LIKE THE MARIJUANA LEAVES IN THE WINDOWS OR WHAT YEAH. WELL, IT'S THE, YOU KNOW, THE NEON GREEN CBD STUFF. OH, I KNOW TOWN THAT ARE DRIVING ME CRAZY. THEY'RE RIGHT BEHIND MY HOUSE. I WOULD SAY, YOU KNOW, THAT ALMOST FALLS. THEY'D HAVE TO RESEARCH THAT ONE. I DON'T KNOW. YEAH. BECAUSE I HAVEN'T WORKED IN A COMMUNITY THAT DOES THAT. UH, SO I DON'T KNOW IF WE CAN OR NOT. OKAY. WELL, I MEAN, BUT THE IDEA IS RIGHT, IF A NEW BUSINESS COMES IN, THEY'RE GONNA WANNA TAKE THOSE MARIJUANA LEAVES DOWN. YEAH. BUT IF THEY'RE, IF THAT BUILDING IS SITTING THERE VACANT FOR MONTHS, WE STILL HAVE TO LOOK AT IT. SO JUST FOOD FOR THOUGHT. ALRIGHT. SO IF WE WANT TO TAKE A LOOK AT THE EXCEL SHEET. NOW, I FLIPPED OVER, I SHOULD HAVE NUMBERED THESE PAGES, I APOLOGIZE. BUT, UM, IT'LL START WITH CH THREE, SECTION THREE DASH 6 27. UH, ONE OF THE COMMENTS WAS ABOUT SEXUALLY ORIENTED BUSINESSES. UM, WE ARE NOT ADDRESSING THOSE WITHIN, UH, THIS UDC AMENDMENT. UM, REALISTICALLY THIS SHOULD KIND OF BE A, UH, SEPARATE CONSIDERATION JUST BECAUSE OF THE LEGAL REQUIREMENTS. IT'S A BIT MORE NUANCED COMPARED TO SOME OF THESE OTHER ITEMS AND WHAT RIGHTS AND WHAT WE CAN CHANGE. UM, SO I WOULD, I'M NOT SURE IF THE COMMISSION HAS ANY THOUGHTS ON THAT, BUT THAT IS OUR STAFF RECOMMENDATION IS TO NOT ADDRESS IT IN THIS AMENDMENT. UM, MOVING FORWARD, I KNOW THERE WAS A, A COMMENTARY ON THE DEFINITIONS OF DATA CENTERS, AND WE'LL GET INTO DEFINITIONS AS WELL. UM, BUT I WANT TO TALK ABOUT IT HERE SINCE WE ARE TALKING ABOUT DATA CENTERS. AND ESSENTIALLY IT WAS A CONSIDERATION TO HAVE, UH, MORE OF A PRESCRIPTIVE DEFINITION OF DATA CENTERS AND, UH, ASSOCIATED ITEMS WITH DATA CENTERS. AND ULTIMATELY STAFF DETERMINED THAT, UM, IT'S PROBABLY MORE CONDUCIVE AND BEST PRACTICE TO HAVE A BROADER DEFINITION, TO HAVE DISCRETION FOR STAFF TO BE ABLE TO DETERMINE WHAT MIGHT BE A DATA CENTER, WHAT MIGHT NOT THE NATURE OF A DATA CENTER MIGHT CHANGE IN THE FUTURE. AND THEN WE WOULDN'T BE ABLE TO REGULATE IT. UM, SHOULD THIS CHANGE, AND IT'S NO LONGER IN ALIGNMENT WITH THE DEFINITION OR VICE VERSA. WE MIGHT BE HOLDING UP SOMEONE IN THE DEVELOPMENT PROCESS WHO'S NOT A DATA CENTER, BUT IT'S FALLING WITHIN THE CATEGORY OF, YOU KNOW, VERY SPECIFIC CONFINES AND, UM, OF WHAT KIND OF PERCENTAGES THEY NEED TO HAVE IN THE DEVELOPMENT. UM, SO JUST AS BEST PRACTICE, UH, WE'VE DETERMINED TO KEEP IT A LITTLE BIT MORE BROAD. UM, BUT REGARDLESS, IT'S AN SUP, THE DEVELOPMENT WILL STILL HAVE TO COME BEFORE, UH, THE PUBLIC BODY'S PLANNING, ZONING COMMISSION AND THE CITY COUNCIL IN ORDER TO BE, UM, APPROVED. AND THEN ONE OF THE COMMENTS WAS, UH, REQUIRING SUVS, WHICH, UH, MANY OF THESE DO. THE ONLY ONE THAT WILL NOT REQUIRE SUP ARE THE PERMANENT COSMETICS. UM, THERE WAS A QUESTION ABOUT THE DISTANCES FOR, UH, THE DATA CENTER BUFFER AREA AND 500 FEET WAS CHOSEN, BECAUSE THAT'S TYPICALLY THE DISTANCE REQUIREMENT FOR [03:15:01] NOISE. UH, IF THERE'S A CONSIDERATION, THE COMMISSION WOULD LIKE TO MAKE THAT FURTHER. UM, THEY'RE WELCOME TO MAKE THAT RECOMMENDATION. THIS IS JUST WHAT STAFF DETERMINED IS THE APPROPRIATE DISTANCE. UM, I MEAN, I, I THINK THAT STUFF THAT I'VE READ ABOUT THIS SITUATION, I, I THINK THAT IT'S PROBABLY PRUDENT TO EITHER NOT BE ALLOWED PERIOD WHEN THEY BORDER RESIDENTIAL PROPERTIES OR A THOUSAND FEET FROM RESIDENTIAL PROPERTIES. 500. JUST NOT, NOT THAT MUCH. NOT THAT FAR, I DON'T THINK. BUT, SO CORRECT ME IF I'M WRONG, BUT A FRANKIE A I TWO AND I THREE ZONING DISTRICT WOULD NOT BE ABLE TO BE APPROVED NEXT TO A RESIDENTIAL ZONING DISTRICT REZONING. CORRECT? CORRECT. UM, SO WE WOULD STILL BE ABLE TO HEAR IT. UM, THAT'S DEFINITELY A CONSIDERATION. UM, BUT ONCE AGAIN, THAT'S WHY WE HAVE IT AS THE SEP PROCESS. SURE. UM, SO THAT WE CAN CONSIDER THOSE ITEMS AS THEY COME ON A CASE BY CASE BASIS. RIGHT. HAVING SAID THAT, IF THE COMMISSION WANTS TO RECOMMEND A THOUSAND FEET, UH, TO COUNSEL, IF THE MAJORITY OF YOU DO, WE'RE HAPPY TO CORRECT. MOVE THAT RECOMMENDATION. I WOULD GO WITH THAT. I HAVEN'T BEEN AROUND ONE DATA CENTER, BUT I'VE JUST HEARD THE HORROR STORY. SO I KNOW, LIKE FOR EXAMPLE, CARLOS, I KNOW WHERE YOU LIVE. IF ONE OF THOSE LOTS BECAME A, I WOULDN'T WANT THAT WITHIN A THOUSAND FEET OF MY PROPERTY. YEAH, NO, NO, THAT WOULD NOT BE GOOD. YEAH. WELL THAT WOULD, THAT WOULD BE REQUIRED TO ADHERE TO THE NOISE ORDINANCE REGARDLESS. CORRECT. AND ALSO AS PART OF THE CONDITIONS WITHIN THE, UM, THEIR DEVELOPMENT STANDARDS WHEN THEY SUBMIT FOR THEIR SUP, UM, WE ARE, I BELIEVE THERE WAS A QUESTION LAST TIME OF IF WE COULD SEE SOME OF THEIR NOISE REQUIREMENTS. SO REQUIRING A REPORT FOR NOISE, UH, ESSENTIALLY HOW WHAT IS GONNA BE PUT ON THAT PROPERTY AND WHAT KIND OF NOISE GENERATION IS GONNA BE, UM, PRODUCED. UM, SO THAT IS PART OF THEIR SUP PROCESS IS TO REPORT ON THAT SPECIFICALLY. OKAY. I THINK WE CAN GET AGREEMENT ON A THOUSAND FEET HERE TONIGHT AS A RECOMMENDATION. ABSOLUTELY. UM, I'M READING QUARTER MILE TO HALF A MILE. YEAH. WELL, AND YOU KNOW, THERE'S A LOT OF EVOLUTION IN THIS SPACE, YOU KNOW, ABOUT 25, NO PUN INTENDING IT BEING SENT TO SPACE. RIGHT. UM, THAT'S A REAL CONVERSATION AS WELL. SO I THINK THERE'S EVOLUTION AND, AND, UH, YOU PROBABLY KNOW AND CHANGE IN IT. SO I'M PRETTY SAVVY TO YEAH. HOW IT WAS OPERATE MORE THAN ANYONE ON DRINK. SOMEBODY WAS DRIVING A, UH, TRUCK AROUND THE REPUBLICAN NATIONAL CONVENTION WITH THE, WITH THE, UH, E NOISE THAT MADE EMANATING, UH, DATA CENTER NOISE. YEAH, I SAW THAT. OH, REALLY? YEAH. WOW. THE WHOLE TIME THEY SAID IT WAS REALLY, REALLY LOUD. WOW. WOW. . SO I THINK, I MEAN, FOR TONIGHT I WOULD GO WITH A THOUSAND TO BE IS THAT, IS THAT THE RECOMMENDATION THE COMMISSION WOULD LIKE TO SEE LIKE THAT? YEAH. ALRIGHT, PERFECT. ALRIGHT, AS WE CONTINUE, UH, ANOTHER QUESTION WAS ABOUT, UH, WATER CAPTURE AND WHAT KINDA REQUIREMENTS WE WOULD HAVE FOR DATA CENTERS SPECIFICALLY FOR THAT. UM, IN THAT PORTION OF DEVELOPMENT STANDARDS SPECIFIC FOR DATA CENTERS, IT ESSENTIALLY MAKES REFERENCE TO, UH, THAT SPECIFICALLY. BUT THE REASON WHY WE DIDN'T GET MORE PRESCRIPTIVE WITH IT IS BECAUSE THE RAINWATER CAPTURE AND, UM, THE CONDENSE COLLECTION ARE PART OF THIS UDC AMENDMENT. SO REGARDLESS, THEY'RE GOING TO HAVE TO FOLLOW, UH, WHAT'S GOING TO BE MANDATED IN THIS UDC. BUT IT FROM TALKING TO A COUPLE PEOPLE, DO YOU KNOW, DO YOU KNOW CHRIS BRADLEY? YOU DON'T, DO YOU, DO YOU KNOW A LOT ABOUT THE CLOSED LOOP SYSTEMS THAT THESE THINGS ARE IMPLEMENTING NOW WHERE THE WATER DOES NOT LEAVE THE YEAH. THE LOOPS. I MEAN, WHY NOT MANDATE THAT? I GUESS IF WATER'S AS BIG OF A CONCERN AS WE HEAR THAT IT IS, OR WE, WELL, AGAIN, THAT WOULD BE PART OF THE SUP PROCESS, RIGHT? TO MAKE SURE THEY'RE IMPLEMENTING IT BECAUSE THE TECHNOLOGY'S CHANGING SO QUICKLY. SURE. YEAH, THAT'S A GOOD POINT. AND UH, A LOT OF THE INFORMATION THAT INITIALLY WAS OUT THERE HONESTLY WAS CHINESE BOTS TRYING TO SHUT DOWN DATA CENTERS IN THE US SO CHINA COULD TAKE OVER. RIGHT. AND SO, UH, THERE'S BEEN A LOT OF BAD INFORMATION OUT THERE, BUT, BUT LITERALLY ON A MONTHLY BASIS, THEY'RE MAKING IMPROVEMENTS IN THESE THINGS. AND THE NOISE, THE, THE WATER, THE ENERGY CONSUMPTION, MOST OF 'EM ARE BUILDING THEIR OWN ENERGY PLANTS NOW AND SUPPLEMENTING THE ENERGY GRID NEAR 'EM. SO, BUT THE SUP GIVES US CONTROL OVER THAT AND DOESN'T TIE US INTO THINGS WHEN THIS IS, MAY NOT BE NECESSARY. THIS IS EVOLVING SO QUICKLY. I UNDERSTAND THAT. YEAH. I AGREE. ALRIGHT. ANY OTHER CONSIDERATIONS BEFORE I MOVE ON? NO. OKAY. SO THIS IS CHAPTER FOUR AND CHAPTER EIGHT ZERO ESCAPING ARTIFICIAL TURF AND IMPERVIOUS COVERAGE. UM, THIS SECTION IS BLANK ON YOUR EXCEL SHEET. UH, WE DO NOT RECEIVE [03:20:01] FEEDBACK SPECIFICALLY FOR THIS SECTION. UM, THE PROPOSED UPDATES WILL ALLOW DRAINAGE REVIEW WHEN LANDSCAPE CONVERSIONS AFFECT IMPERVIOUS COVERAGE OR STORMWATER FACILITIES. IT PROHIBITS IMPERMEABLE UNDERLAYMENT IN REQUIRED LANDSCAPE AREAS. IT CLASSIFIES ARTIFICIAL TURF AS IMPERVIOUS OR IMPERVIOUS BASED ON INSTALLATION, WHICH IS THE IMPORTANCE OF THAT ALLOWING THE DRAINAGE REVIEW IN THAT LANDSCAPE CONVERSION. IT ALSO, UH, CLARIFIES THE APPLICABILITY OF THE D-P-Z-L-I-D AND IMPERVIOUS COVERAGE REQUIREMENTS ACROSS DIFFERENT ZONING DISTRICTS. AND THEN LASTLY, IT'S CLARIFYING THE STANDARDS AND CORRECTING CONFLICTING PROVISIONS AND OUTDATED TERMINOLOGY WITHIN CHAPTER EIGHT. WE SEE SOME OF THESE REQUIREMENTS ALREADY IN THERE, JUST NOT REFLECTIVE OF THE LANGUAGE OR CORRECT CITATIONS THAT WE SEE IN OUR UDC AT THIS TIME. ARE THERE ANY COMMENTS REGARDING ZERO ESCAPING ARTIFICIAL TURF OR WATERSHED PROTECTION? NO, I READ THROUGH THIS. I THOUGHT EVERYTHING MADE SENSE FOR THE MOST PART. UM, YEAH, I THINK I THOUGHT IT WAS FINE. I THINK THERE'S PROBABLY A REASON WHY YOU DIDN'T GET ANY FEEDBACK ON IT. YEAH. YEAH. OKAY. AND NOT BECAUSE WE DIDN'T OH, NO, UNDERSTOOD. YEAH. DIDN'T CARE ABOUT IT. WE DID A GOOD JOB. I LIKE HEARING THAT. CHAPTER FIVE. RAINWATER HARVESTING AND CONDENSATE COLLECTION. UH, SO THESE TWO SECTIONS, UH, THE RAINWATER HARVESTING WILL BE REQUIRED FOR ALL NON-RESIDENTIAL DEVELOPMENTS AND MUST BE SIZED TO SUPPLY AT LEAST 50% OF THE DEVELOPMENTS LANDSCAPE IRRIGATION DEMAND EXEMPTIONS CAN INCLUDE BUILDINGS UNDER A THOUSAND SQUARE FEET. INTERIOR REMODELS, ADDITIONS OF LESS THAN 50% GROSS FLOOR AREA, HISTORIC DISTRICT DEVELOPMENT PER THE PLANNING DIRECTOR AND THE HISTORIC DISTRICT DESIGN REQUIREMENTS. AND THAT IS FOR RAINWATER HARVESTING. AS FOR CONDENSATE COLLECTION FOR NON-RESIDENTIAL DEVELOPMENT, UM, FOR THOSE UNDER 50,000 SQUARE FEET, UM, THEY MUST BE INTEGRATED INTO THE SITE'S AUTOMATIC IRRIGATION SYSTEM. AND THEN FOR THOSE THAT ARE OVER 50,000 SQUARE FEET, THEY MUST DO THE SAME AND INTEGRATE INTO THE IRRIGATION SYSTEM FIRST. AND THEN WHATEVER IS ADDITIONAL, UNTIL THE TOTAL ONSITE REUSE REACHES 80% OF THE LANDSCAPE IRRIGATION DEMAND, ADDITIONAL CONDENSATE CAN THEN SERVE OTHER NON-POTABLE USES. EXEMPTIONS FOR THIS REQUIREMENT CAN INCLUDE NEW NON-RESIDENTIAL STRUCTURES WITH LESS THAN 10 TONS OF AC CAPACITY OR THE REPLACEMENT OF AN EXISTING AC SYSTEM. SO WE DID HAVE A COUPLE OF QUESTIONS HERE. UM, I'LL ANSWER THE BOTTOM ONE FIRST ON THE EXCEL SHEET, UH, WHICH WAS, CAN YOU BE EXEMPT FROM CAPTURE IF YOU HAVE A HUNDRED PERCENT ZERO ESCAPING? UM, SO THE TWO REQUIREMENTS ARE SEPARATE. THEY'RE NOT CONSIDERED TOGETHER BY THE UDC, HOWEVER WE CAN CONSIDER THEM AS PART OF AN EXEMPTION. SO THE TOP QUESTION IS ASKING, UH, ABOUT THOSE ADMINISTRATIVE MODIFICATIONS. UM, SO ESSENTIALLY THIS CAN BE ONE OF THE REQUIREMENTS, ZERO ESCAPING. HOW MUCH ZERO ESCAPING DO YOU HAVE? IF YOU HAVE, YOU KNOW, MAYBE IF YOU'VE DONE YOUR WHOLE LOT AS ZERO ESCAPING, THEN WE WILL GIVE YOU AN EXEMPTION TO THE AMOUNT, UH, THAT YOU'LL HAVE TO BE REDISTRIBUTING BACK TO YOUR, UM, OR CAPTURING. UM, SO THAT IS ESSENTIALLY HOW THESE TWO GO TOGETHER. UH, BUT ULTIMATELY WHEN THE APPLICANT REQUESTS A WAIVER, NUMBER ONE, IF THEY WANNA BE EXEMPT, THEY HAVE TO REQUEST A WAIVER. UM, THAT WAIVER MUST BE APPROVED ADMINISTRATIVELY. AND THEN IF THEY'RE APPEALING THE DECISION OF THE WAIVER, IF THE WAIVER IS DENIED OR IT'S NOT THE WAY THAT THEY WANT IT, THEN IT WOULD COME BEFORE THE COMMISSION OR THE APPROPRIATE BODY, UM, FOR A VARIANCE REQUEST. SORRY, THERE ANY QUESTIONS REGARDING, WILLIAM? CAN YOU, I MEAN, THIS IS NOT AN AREA THAT WE'VE REALLY GOTTEN OVERLY INVOLVED IN. IT'S A UDC MODIFICATION, SO THAT'S WHY WE'RE INVOLVED. CAN YOU MAYBE GIVE US A LITTLE BIT OF BACKGROUND? I, THERE'S A LOT OF QUESTIONS THAT COME TO MIND AND I DIDN'T FEEL LIKE THE EXCEL SPREADSHEET WAS THE APPROPRIATE PLACE TO ASK THEM, BUT IT'S LIKE, WHERE IS THE STANDARD BEING DERIVED FROM? IS, OR ARE WE STRIVING TO EMULATE ANOTHER MUNICIPALITY SOMEWHERE IN THE COUNTRY THAT SAYS, HEY, THEY'RE EXEMPLARY AND THIS IS A STANDARD THAT BERNIE TEXAS WANTS TO, TO LIVE UP TO. I'M THINKING MAYBE SOMEWHERE IN ARIZONA WHERE WATER IS A PROBLEM. UM, OR THE, THE NEXT THOUGHT THAT, THAT I'M JUST KIND OF STREAM OF CONSCIOUSNESS HERE IS, ARE WE BEING LIKE, OVER, OVER, I MEAN, IT WAS JUST A MONTH AND A HALF AGO WE WERE FLOODED, RIGHT? I CAN ONLY IMAGINE SOMEBODY TRYING TO DEVELOP A COMMERCIAL PROPERTY WHILE AT THE SAME TIME AND, AND ADD ALL OF THESE MECHANISMS THAT COLLECT WATER WHILE THEIR BUILDING'S THREE FOOT UNDERWATER AT THE SAME TIME. NOW I'M, IT'S KIND OF TONGUE IN CHEEK, BUT WHERE'S ALL THE, LIKE, I KNOW THAT A LOT OF THIS IS VERY IMPORTANT TO COUNCIL AND NOT THAT IT'S NOT IMPORTANT TO US, IT'S JUST LIKE SOMETIMES AT THIS STAGE IT'S NOT WHERE WE'RE IMPLEMENTING THE RAINWATER HARVESTING OR EVEN THE HVAC CONDENSATE, [03:25:01] I WAS VERY IMPRESSED THAT HE HAD KNEW WELL ENOUGH LIKE, HEY, WE GOTTA ADD THIS STUFF, OR WE'RE GONNA GET CAUGHT AT COUNCIL. RIGHT. BUT MAYBE SOME BACKSTORY NOT ONLY JUST FOR PLANNING AND ZONING, BUT THOSE THAT ARE LISTENING IN WHERE LET ME JUMP IN THESE STANDARDS CAME FROM. LET ME JUMP IN AND HELP YOU WITH THAT. AND I'LL HAVE, UH, ASSISTANT DIRECTOR LEONARD COME UP AND, AND, UH, GO OVER THE RESEARCH. AS YOU KNOW, THIS HAS BEEN A COMMON STIPULATION ADDED FOR THE LAST YEAR, UH, BY, BY THE, A REQUEST BY THE COUNCIL AS SPECIAL USE PERMITS COME FORWARD. THERE'S A BELIEF OF THE COUNCIL THAT THEY WOULD LIKE THIS TO APPLY TO ALL COMMERCIAL BUILDINGS. AND SO WE NEED TO CODIFY IT TO DO SO. UH, SO IT'S A COMBINATION OF, OF TRYING TO IMPLEMENT FORMALLY WHAT'S BEING IMPLEMENTED FOR SOME BUSINESSES DURING THE SUP PROCESS AS FAR AS THE AMOUNT WATER GOES. YOU'RE AL WATER IS A FINITE RESOURCE. RIGHT. AND ANYTHING WE CAN DO TO SUPPLEMENT OR TAKE CARE OF, YOU KNOW, THROUGH RAINWATER OR THROUGH HVAC CONDENSATION RECAPTURE THAT CAN PROVIDE SOME OF THESE WATER NEEDS HELPS OUR SERVICE LEVEL AS FAR AS THE, UM, RESEARCH GOES. I WILL TURN THAT OVER TO, UH, MS. LINDER. THANK YOU. UH, SO WE DID, UH, USE SEVERAL OTHER COMMUNITIES AROUND TEXAS AS, UH, A BASEBOARD FOR THESE, UH, REGULATIONS BEFORE YOU TONIGHT. UH, SPECIFICALLY THE, UM, THE 10 TONS FOR AC CAPACITY IS SOMETHING THAT'S CURRENTLY UTILIZED IN SAN ANTONIO. IT'S REQUIRED AND HAS BEEN REQUIRED AT THE CITY OF SAN ANTONIO FOR A NUMBER OF YEARS. UM, WHERE, UH, THE PROPOSAL TONIGHT TAKES IT A STEP FURTHER IS THAT THEY DON'T REQUIRE IT TO BE INTEGRATED INTO THEIR IRRIGATION SYSTEM. UH, JUST THAT IT BE, UM, UM, COLLECTED AND DIRECTED BACK INTO THEIR SEWER SYSTEM WITH THE IDEA THAT IT'S GOING TO HELP RECHARGE THE EDWARDS AQUIFER. UM, INSTEAD OF DOING THAT, UH, WHAT WE'RE PROPOSING IS TO UTILIZE IT FOR ONSITE IRRIGATION OR OTHER, UH, NON-POTABLE, UH, USES. THANK YOU. ABSOLUTELY. DO, DO WE HAVE ANY, I MEAN, I KNOW THERE'S PROPOSED DEVELOPMENTS THAT PROBABLY HAVE NOT GONE VERTICAL, BUT ARE THERE ANY KNOWN BUSINESSES IN BERNIE THAT ARE CURRENTLY, UH, DOING H FACTORY CAPTURE THAT ARE CURRENTLY OPERATING? NOT TO MY KNOWLEDGE. UM, TO YOUR POINT, THERE ARE SEVERAL THAT ARE, UH, UH, SOMEWHERE IN THE DEVELOPMENT STAGE THAT WILL BE UTILIZING IT, UH, INCLUDING, UM, THE CITY'S NEW, UH, FIRE STATION WOULD, UH, WE'RE PROPOSING TO INCLUDE THAT AS WELL. OH, BUCK'S HAS IT ALSO BUCKY'S WILL, BUCKY'S WILL HAVE IT ALSO. YEAH. YEAH. I'M JUST CURIOUS. LIKE, YOU KNOW, IF IT'S FAIRLY NEW, SO YOU'RE NOT SO WE HAVEN'T SEEN RIGHT CONSTRUCTION YET. YEAH. UM, SUCCESS LIKE, YOU KNOW, HAS BUCK'S. EVERYBODY LIKE STARBUCKS WENT AWAY. THAT WAS ON ONE. I'M TRYING TO REMEMBER THE OTHER ONES. PART OF ME, LIKE PART OF ME MAKES ME VERY PROUD FOR BERNIE TO SAY LIKE, HEY, WE'RE CHERISHING RESOURCES AND WE'RE GETTING WATER OUTTA THE AIR. UM, THAT'S PRETTY COOL. BUT THEN ALSO I HAVE, AND MANY OF FELLOW COMMISSIONERS HAVE BEEN A PART OF UDC MODIFICATIONS AND THERE'S OFTENTIMES UNINTENDED CONSEQUENCES THAT COME FROM A UDC MODIFICATION. I FEEL LIKE THIS IS A PRETTY BIG CHANGE. AND SO IT'S NEVER FUN TO BE SITTING UP HERE WHEN YOU'RE ON THE BACKEND OF A MODIFICATION AND SOMEBODY'S TELLING YOU, HEY, YOU DIDN'T THINK ABOUT THIS, YOU DIDN'T THINK ABOUT THIS. AND SO THAT'S WHERE SOME OF MY QUESTIONING'S COMING FROM JUST INITIALLY. AND I KNOW THAT COUNSEL WILL DO A THOROUGH JOB, BUT I DON'T WANT COUNSEL TO FEEL LIKE WE GLOSSED OVER SOMETHING AT 10:34 PM EITHER, UM, JUST FOR THE RECORD. YEAH. AND SO, YEAH, THERE'S JUST A LOT, LIKE I, I FEEL LIKE I WANNA ASK THESE QUESTIONS TO GET SOME KNOWLEDGE. I KNOW IT'S IMPORTANT TO THEM, BUT YOU KNOW, HOW IMPORTANT, LIKE IT NEEDS TO BE IMPORTANT TO US TOO. AND WE DIDN'T HAVE ANY QUESTIONS. I DIDN'T HAVE ANY QUESTIONS. I THINK SOME OF THAT'S LACK OF KNOWLEDGE AND HOW DO WE GET THAT KNOWLEDGE AND, YOU KNOW, THAT'LL REQUIRE SOME SELF-LEARNING, BUT WE WELCOME AS MUCH AS WE CAN GET FROM YOU ALL AS WELL. YEAH, I WILL, I WILL ADD THAT UDC OR ANY DOCUMENT THAT WE HAVE IS DESIGNED TO BE A LIVING DOCUMENT. SURE. RIGHT. SO, UH, AND WE HAVE THESE PROCESSES TWICE A YEAR FOR THIS UDC TO CHANGE THINGS AND UPDATE THINGS AS THINGS HAPPEN. WE DID SOME WITH, UH, DRAINAGE STUDIES WITH ACCESSORY STRUCTURES FOR RESIDENTIAL HOUSES. SO IF WE START RUNNING INTO ISSUES OR THEY'RE COMING BEFORE YOU, WE DEFINITELY HAVE THE OPPORTUNITY TO MODIFY. WE REALIZE THAT NOT EVERYTHING WE ADOPT IS GONNA BE PERFECT, AND SO WE DO THE BEST WE CAN AND THEN SEE HOW WE IMPLEMENT IT. BUT IT, YOU KNOW, AS A COMMISSION AND AS STAFF, [03:30:01] UH, IT'S IMPORTANT THAT WE, UM, ARE COGNIZANT OF THAT AND, AND COME FORTH WITH APPROPRIATE CHANGES AS NEEDED. THANK YOU. IS THERE ANY, UM, INCENTIVES, I HEARD THIS BROUGHT UP BEFORE, MAYBE, I DON'T KNOW IF IT WAS SUSAN OR, OR WHO ON INCENTIVES FOR SOMEBODY DOES THIS. MAYBE IT'S A, A REBATE ON THEIR IMPACT FEES OR IN THEIR UTILITY BILL OR SOMETHING TO HELP OFFSET THE COST OF IMPLEMENTING ANY KIND OF RAIN CAPTURE OR AC CAPTURE? AT THIS TIME, THE ONLY INCENTIVES OR REBATE PROGRAMS WE HAVE ARE FOR RESIDENTIAL, UH, NOTHING COMMERCIAL. SO WE WILL BE PUTTING A, I GUESS A FINANCIAL BURDEN ON A COMMERCIAL PERSON WITHOUT ANY INCENTIVES TO, TO DO THAT. YOUR WATER BILL WILL BE LESS, WHAT WOULD YOUR WATER BILL WILL BE LESS, THERE'S A FINANCIAL INCENTIVE RIGHT THERE, , THAT'S, OH, IT'LL BE 150 YEARS TO PAY THAT OFF. RIGHT. TYPICALLY THE, UH, RETURN RATE RATE IS GONNA BE A LOT SIGNIFICANTLY LOWER THAN THAT. SO IS IT POSSIBLE TO HAVE INCENTIVES ON, UM, IMPACT FEES OR UTILITY BILLS IF THEY DO THIS? I, I WOULDN'T SAY ANYTHING IS, UH, IMPOSSIBLE WITH THE RIGHT ATTITUDE AND THE RIGHT PREP WORK. I WOULD SAY, UH, BEFORE YOU TONIGHT, IT'S NOT, UH, POSSIBLE. OKAY. SO WHAT, WHAT I, SO WE HAVE A, UH, RESIDENTIAL, A WATER CONSERVATION PROGRAM. WHAT I WOULD SAY IS, IS, UH, AND WE HAVE A, UH, NEW UTILITIES DIRECTOR THAT'S HAS A LOT OF EXPERIENCE IN WATER CONSERVATION. SO WHAT I WOULD SAY IS THAT YOUR RECOMMENDATION INCLUDE LOOKING AT EXPANDING THAT PROGRAM TO NON-RESIDENTIAL. YES. I LIKE THAT. THAT'S WHAT HE SAID. WHAT HE SAID. THANK YOU, . ARE YOU LOOKING FOR THE LONGEST MEETING? ALRIGHT, THANKS. THANK YOU. I JUST HIT THE OVER BY THE WAY, . ALRIGHT, MOVING FORWARD. APPENDIX A DEFINITIONS. UH, THIS SECTION REALISTICALLY IS JUST A CULMINATION OF ALL THE CHANGES THAT WE'RE SEEING HERE TODAY. UH, SO AS I MENTIONED BEFORE, DEFINING DATA CENTER, TRYING TO KEEP IT A LITTLE BROAD RATHER THAN PRESCRIP PRESCRIPTIVE, EXCUSE ME. UH, DEFINING, UH, CBD RETAIL ESTABLISHMENTS, UH, WHICH IS EXACTLY WHAT YOU MIGHT THINK IT IS HERE. UM, ESTABLISHING WHAT IS A PERMANENT COSMETIC OR MICROBLADING ESTABLISHMENT, UM, WHICH IS DIFFERENT FROM A TATTOO OR BODY ART ESTABLISHMENT. AND THEN DEFINING THE RESPONSIBLE OFFICIAL, UH, WE'VE GONE OVER THAT SECTION A LITTLE BIT AS WELL, BUT JUST AS A REITERATION, IT'S THE CITY OFFICIAL WHO'S DESIGNATED IN THAT AUTHORITY TABLE, UM, TO REVIEW OR TAKE FORWARD, UM, AN APPLICATION. AND THEN LASTLY, VAPING ESTABLISHMENTS. AND ONCE AGAIN, EXACTLY WHAT YOU MIGHT THINK THEY ARE IN PLACES THAT ARE SELLING ELECTRONIC VAPES. DO YOU HAVE ANY QUESTIONS HERE ON THIS APPENDIX A OKAY. DARK SKI. SO I'LL MOVE DO THIS QUICK. I HAVE ABOUT 45 MINUTES DARK SKY TALK REAL QUICK, DO SOME, WE'RE GONNA DIG INTO DETAILS. UM, I'LL GO THROUGH A PRESENTATION. WE'RE JUST GONNA GO OVER SOME OF THE HIGHLIGHTS, SOME OF THE CHANGES, WHAT STAYED THE SAME OF THE DARK SKY REGULATIONS. AND THEN I'LL ADDRESS THE COMMENTS HERE ON THE SLIDES. UM, AS MOST OF YOU KNOW, WE'RE WORKING AND HAVE BEEN WORKING PRETTY STEADY OVER THE LAST YEAR TO BECOME RECOGNIZED AS A INTERNATIONAL DARK SKY COMMUNITY. AND ONE OF THE KEY COMPONENTS OF THAT IS BRINGING OUR DARK SKY ORDINANCE KIND OF UP TO DATE, UM, WITH MORE MODERN STANDARDS AND MORE MODERN WAYS TO MEASURE LIGHTING OUTPUTS. AND, UM, ONE KEY PART OF THAT IS USING DARK SKY INTERNATIONAL'S MODEL LIGHTING ORDINANCE. SO THEY PROVIDE A FRAMEWORK OF, UH, RECOGNIZED DARK SKY REGULATIONS WHERE WE THEN CAN INCORPORATE OUR LOCAL RULES AND REGULATIONS INTO THAT. AND THAT THAT COMES UP WITH SOMETHING THAT'S MORE STREAMLINED AND MORE UNIFORM THROUGHOUT ALL THE HILL COUNTRY, UH, DARK SKY COMMUNITIES. UM, THE FOUNDATION OF THE ORDINANCE IS REALLY BASED ON THESE FIVE PRINCIPLES OF OUTDOOR LIGHTING. IS IT USEFUL? MEANING DOES THE LIGHTING DESIGN HAVE A CLEAR PURPOSE? IS IT TARGETED? IS IT SHIELDED? ARE WE CREATING OFFSITE LIGHT TRESPASS? IS IT ALL DOWN LIT? IS IT LOW LEVEL MEANING WE DON'T WANT TO HAVE THE SAME LIGHTING, UH, OUTPUTS FOR A FUEL BAY CANOPY IN YOUR BACKYARD FOR YOUR BARBECUE AREA. SO IS IT, UM, LOW LEVEL AND NO BRIGHTER THAN NECESSARY? AND IS IT CONTROLLED? DO WE HAVE, UM, UH, LIGHTING, UH, CURFEWS? UH, DO WE HAVE DIMMERS AND DO WE HAVE TIMERS ON OUR LIGHTING OR MOTION DETECTIONS? AND IS IT WARM COLOR? IS IT IN THAT 27,000 TO 3000 KELVIN RANGE LIGHTING THAT MORE AMBER, YOU KNOW, SHADES OF LIGHTING THAT WE SEE FOR EXTERIOR LIGHTING? IT, UH, REALLY PROVIDES SOME VERY CLEAR [03:35:01] GUIDANCE FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES, AND IT SIGNIFICANTLY STREAMLINES OUR ILLUMINATION PLAN REQUIREMENTS. SO WHAT STAYS THE SAME KINDA WENT THROUGH WITH THESE FIVE PRINCIPLES. WE PROHIBIT UP LIGHTING, WE MANAGE OUR OFFSITE LIGHT TRESPASS. WE DO REQUIRE ILLUMINATION DESIGNS, AGAIN FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROJECTS. WE MANAGE THE HEIGHT OF OUR EXTERIOR LIGHTING MOSTLY, UH, RELATED TO OUR POLE MOUNTED LIGHTING. WE HAVE THE 2,700 TO 3000 KELVIN LIMITS FOR THE COER TEMPERATURE OF THE LIGHT. WE MANAGE OUR LUMENS PER NET ACRE, SO WE DON'T WANT JUST LIGHTING OUTPUTS THAT ARE JUST GREATLY A EXCEEDING THE PER ACRE RECOMMENDATIONS OR REQUIREMENTS OF THE ORDINANCE. AND WE HAVE LIGHTING CURFEWS. SO WHAT'S NEW? UM, WE, WE EXPANDED ON THE DEFINITION OF WHAT CONSTITUTED OUTDOOR SALES. THAT WAS PROBABLY ONE OF OUR MORE CHALLENGING LIGHTING TYPES THAT WE SEE COME IN, UM, TO, TO HELP REGULATE. AND WE HAVE NEW SECTIONS ON ILLUMINATED SIGNAGE. THAT WAS ANOTHER BIG CHALLENGE ON OUR PREVIOUSLY SUBMITTED LIGHTING DESIGNS WAS HOW DO WE, HOW DO WE REGULATE THE LIGHT OUTPUT WITH AN INTERNALLY ILLUMINATED CABINET SIGN. UH, WE HAVE A NEW SECTION ON SEASONAL LIGHTING AND RESIDENTIAL SPORTS LIGHTING, WHICH WAS ANOTHER GAP IN OUR ORDINANCE. AND THE NEW MODEL LIGHTING, UH, ORDINANCE BY DARK SKY GAVE US THESE TOOLS TO PUT INTO THE, INTO THE REGULATIONS. A THING THAT WE'RE DOING IS WE'RE LEANING HEAVY ON THE, ON THE RESEARCH SIDE OF DARK OF EXTERIOR LIGHTING. THE IES, THE ILLUMINATING ENGINEERING SOCIETY PRODUCES RECOMMENDED LIGHTING LEVELS BASED ON A FOOT CANDLE VALUE. SO WHEN YOU LOOK AT PHOTOMETRIC ANALYSIS, AND WE'RE LOOKING FOR OFFSITE BY TRESPASS, ALL THOSE VALUES ON THAT PHOTOMETRIC DESIGN ARE FOOT CANDLES. SO HOW MUCH LIGHT IS ACTUALLY READING THE, REACHING THE HORIZONTAL SURFACE, UM, OF THE GROUND. AND THEY HAVE LIGHTING OUTPUTS, RECOMMENDATIONS BASED ON USES. SO FOR, AGAIN, OUTDOOR SALES, UH, CAR LOTS OR AUTO SALES, WE HAVE LIGHTING RECOMMENDATIONS IN THE FOOT CANDLES HERE FOR THIS AND FOR FUEL FUELING BASE, THAT'S ANOTHER, UH, REALLY KEY RECOMMENDATION THAT WE'RE GONNA USE IN OUR ORDINANCE. SO WHAT'S NEW? SO WE REMOVED THE CLASS ONE, TWO, AND THREE LIGHTING. THE CLASS ONE, TWO, AND THREE LIGHTING IS WHAT USED TO DETERMINE WHETHER A PROJECT HAD TO SUBMIT ILLUMINATION PLAN AND ANY COMBINATION OF THE ONE, TWO, AND THREE MIGHT HAVE DIFFERENT REQUIREMENTS ON THAT ILLUMINATION PLAN SUBMITTAL. SO WE GOT RID OF THOSE AND STRICTLY FOCUSED ON A RESIDENTIAL VERSUS NON-RESIDENTIAL PROJECT. WE HAVE, UH, TOTAL LIGHTING OUTPUTS NOW THAT ARE M MUCH MORE SIMPLE VERSUS OUR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SEWING CLASSIFICATIONS THAT WE DID HAVE. THIS COMES INTO ALIGNMENT WITH ALL RECOGNIZED DARK SCOTT COMMUNITIES IN TEXAS AT 25,000 LUMENS PER NET ACRE, WHICH IS THE SAME AS OUR CURRENT ORDINANCE. AND THEN NON-RESIDENTIAL PROPERTIES GO UP TO 100,000 LUMENS PER NET ACRE. WE HAD A REAL HARD TIME WITH SOME OF OUR COMMERCIAL PROJECTS HITTING OUR SET, OUR 50,000 LUMEN PER NET ACRE LIMIT. SO A HUNDRED THOUSAND GIVES US A LOT MORE LEEWAY IN HELPING THEM KIND OF MEET OUR DARK SKY GOALS. AND THEN OFF LIGHT OFFSITE LIGHT TRESPASS HAS BEEN ADJUSTED. SO A COMMERCIAL PROJECT TO ANY ADJACENT LEASE ZONE LIGHT STILL HAS THE 0.00 FOOT HANDLE LIMITED AT THE PROPERTY LINE. SO WE WANT TO HAVE ZERO OFFSITE LIGHT TRESPASS FROM A COMMERCIAL PROJECT TO ANOTHER ZONE PROPERTY. HOWEVER, ON, WE ALWAYS HAVE PROBLEMS WITH, ESPECIALLY ON PUBLIC RIGHT OF WAY, HAVING A COMMERCIAL PROJECT ON LIKE THE I 10 FRONTAGE HITTING 0.00. SO WE NOW WILL ALLOW ONE HALF OF A FOOT CANDLE, SO 0.5 FOOT CANDLES AT THE PROPERTY LINE INTO ANY PUBLIC RIGHT OF WAY. AND THEN RESIDENTIAL TO RESIDENTIAL, ESPECIALLY IN A HIGH DENSITY RESIDENTIAL ZONE LOT OR ZONE, UM, HIGH DENSITY NEIGHBORHOOD WHERE WE HAVE SMALLER LOTS, WE, IT'S VERY HARD FOR A FLOODLIGHT NOT TO EXCEED OVER A PROPERTY LINE. SO WE WILL HAVE A 0.3 FOOT CANDLE WOMEN ON RESIDENTIAL PROPERTIES. AND THIS IS, UH, CONSISTENT WITH THE NATIONAL DARK SKY RULES AND REGULATIONS, YOU KNOW, BY THE IES IN DARK SKY. MR. VAS, HOW DO YOU MEASURE A FOOT CANDLE? HOW DO YOU MEASURE A FOOT CANDLE? UH, A LOT OF IT IS, SO WE HAVE A, UM, HANDHELD LIGHTING SENSORS THAT CAN GO OUT AND YOU CAN LITERALLY, WE CAN MEASURE THE FOOT CANDLE VALUES IN THIS ROOM, UH, BASED ON WHERE THE LIGHT'S HITTING A HORIZONTAL SURFACE. UH, BUT IT'S ALSO THE DESIGN TOOLS THAT THE ELIMINATION, THE LIGHTING ENGINEERS USE TO MEASURE THEIR LIGHTING OUTPUTS AND DESIGN ELIMINATION DESIGNS. SO HERE ON SOME OF THE COMMENT RESPONSES, UM, THE ABOUT AUTHORITY FOR STAFF ONLY WAIVERS IN ITS EXEMPTIONS. SO CITY MANAGER WOULD POTENTIALLY BE ABLE TO GRANT A WAIVER FOR A TEMPORARY LIGHTING SOLUTION. SO FOR EXAMPLE, UH, EXTRA SECURITY LIGHTING FOR THE FAIRGROUND PARKING LOT, THEY MIGHT GET A WAIVER ISSUED BY THE CITY, IT BE IT FOR A SHORT PERIOD OF TIME. IF SOMEONE FELT THAT THEY HAD A HARDSHIP AND THEY WERE TRYING TO APPEAL OR BECOME EXEMPT TO THESE ORDINANCE, THEY WOULD HAVE TO FOLLOW THE SAME APPEALS PROCESS AS IDENTIFIED IN CHAPTER TWO OF THE UDC. SO THEY WOULD'VE TO FORMALLY TRY AND TAKE IT BEFORE I GUESS PNC OR, OR CITY COUNCIL, WHICHEVER BODY WOULD HEAR THAT APPEAL PROCESS AND GET, UH, AN EXEMPTION FOR THAT. AND THEN, UM, SEASONAL LIGHTING, THERE'S A QUESTION ON THAT. SO, UH, SEASONAL LIGHTING WAS SET TO THE, UH, STANDARD LIGHTING CURFEW PERIOD OF 11:00 PM [03:40:01] WE MOVED THAT TO MIDNIGHT AND CHANGED IT FROM A SHOULD FROM A SHELL TO A SHOULD. SO IT'S RECOMMENDED THAT LIGHTING BE OFF BY MIDNIGHT, UH, DURING THE PERIOD OF TIME WHERE WE ALLOW SOME SEASONAL LIGHTING. I'VE GOT QUESTIONS ABOUT THIS TO BE HONEST. YEP. UM, KIND OF LIKE LUCAS SAID ON THE LAST TOPIC, LIKE WHAT IS REALLY DRIVING AND MOTIVATING THIS? I MEAN, I I, I MEAN I'M A BIG PROPERTY RIGHTS GUY, BUT IF SOMEONE'S TELLING ME I GOTTA TURN MY CHRISTMAS LIGHTS OFF BY A CERTAIN TONE, LIKE WHAT ARE WE DOING HERE? SURE. THAT'S HOW I FEEL. YEAH. I MEAN, JUST MY HONEST OPINION. UM, AND THEN I WONDER A LITTLE BIT, KIND OF LIKE YOU SAID AS WELL, LIKE UNINTENDED CONSEQUENCES. I MEAN, IF I HAD A, A BUSINESS THAT MY LIGHTS HAD TO BE OFF BY A CERTAIN TIME, WELL, LIKE YOU CHRIS, IF SOMETHING GOT BROKEN INTO IT, JUST, I DON'T KNOW, IT SEEMS BORDERLINE AND OVERREACH TO ME, BUT I I MAY BE THE ONLY PERSON THAT FEELS THAT WAY. SO, UM, THE SEASONAL LIGHTING COMPONENT OF IT, I THINK, YOU KNOW, MOSTLY WHEN WE ALL GREW UP, WE, EVERYBODY HAS SOME PRETTY BASIC CHRISTMAS LIGHTS AND NOWADAYS YOU'VE GOT LASER BEAMS AND RIGHT WILD YARD DECORATIONS AND SANTA CLAES THAT ARE LIT UP AND INFLATED. SO I THINK THESE RULES CAME BY THE FACT THAT LIGHTING DECORATIONS, SEASONAL LIGHTING DESIGNS HAVE JUST KIND OF GOTTEN A LITTLE CRAZY. AND SO IF YOU LOOK AT THE CUMULATIVE EFFECT OF AN 20,000 PERSON TOWN HAVING ALL THIS ADDITIONAL LIGHTING DURING THE WINTERTIME, UM, THEN YOU START TO RUN INTO SOME, SOME MUCH, UH, MORE SIGNIFICANT LIGHT POLLUTION BEING GENERATED. AND SO WHEN, WHEN WE LOOKED AT THE PURPOSE OF OUR LIGHTING ORDINANCE, NOT ONLY DO WE WANNA PROMOTE RESPONSIBLE DARK SKY REGULATIONS, UH, YOU KNOW, FOR JUST ECOTOURISM OR ANY OF THE OTHER 10 OTHER REASONS THAT, THAT, UM, ARE LISTED OUT THERE, THAT'S KIND OF COMMON KNOWLEDGE FOR WHY WE WANNA PROMOTE DARK SKY PRESERVATION. BUT IT'S ALSO TO SUPPORT THE MILITARY TRAINING OPERATIONS THAT COUNT BULLAS. YEAH, I, SO THEY REALLY RELY HEAVILY ON OUR DARK SKIES ON THE NORTHERN PART OF, UH, OF THE COUNT BULLAS. AND SO THESE, THESE CURFEWS AT 11:00 PM THAT IT'S NOT THAT ALL LIGHTS HAVE TO BE OFF, THEY JUST HAVE TO BE DIMMED DOWN TO ABOUT 50% OF THEIR MATS, UH, MAXIMUM LIGHTING OUTPUT. THEY CAN BE TURNED OFF OR THEY NEED TO BE DIMMED DOWN BY 11:00 PM AND SO ALL NEW ILLUMINATION DESIGNS THAT COME THROUGH FOR COMMERCIAL PROJECTS HAVE TIMERS AND DIMMERS WITHIN THOSE DESIGNS. UH, PULL AMOUNT OF LIGHTS OR FACADE LIGHTS OR WALL-MOUNTED, UH, LIGHTS ON THEIR PRO PROJECTS ALL DIM DOWN AT A PRESET AT A LIGHTING CURFEW THAT'S PROGRAM. AND SO WOULD THERE BE FINES ASSOCIATED WITH IT IF OR HOW DOES THAT SO, YOU KNOW, UH, CODE ENFORCEMENT COULD, UH, WE DO GET OFFSITE LIGHTING. WE DO GET OFFSITE LIGHTING COMPLAINTS. THIS IS A PRIME EXAMPLE RIGHT HERE. UH, WALL MOUNTED LIGHTS THAT ARE PROJECTING OUTWARD IS PROBABLY OUR BIGGEST COMPLAINT, UH, ESPECIALLY ON COMMERCIAL PROJECTS. WE'RE WORKING ON ONE RIGHT NOW ON THE SOUTH SIDE OF TOWN. SO, UH, IF SOMEONE DOES COMPLAIN OR IF CODE WERE TO CEASE OF JUST BLATANT VIOLATION OF THE LIGHTING ORDINANCE, THEN THEY COULD PURSUE, PURSUE, UM, A CODE VIOLATION WITH THEM. WE WOULD TRY TO APPROACH THAT A DIFFERENT ROUTE THOUGH. IT'S ALWAYS, WE, WE'VE HAD SOME SUCCESS JUST HAVING CONVERSATIONS. WE HAVEN'T HAD TO LIKE, DO ANY CIVIL PENALTIES OR ISSUE CITATIONS. WE JUST WORK THROUGH THE COMPLAINT AND TRY TO ADDRESS THAT WITH THE PROPERTY OWNER. AND IS THAT, HOW IS THAT HOW THEY ARE BEING REGULATED? FOR THE MOST PART IS PEOPLE WOULD CALL AND COMPLAIN. THERE'S NOT PEOPLE DRIVING AROUND MEASURING FOOT CANDLES. AND SO I'VE, I'VE HAD PEOPLE COMING INTO WORK, UM, EARLY AND SENDING ME EMAILS. MOSTLY CITY STAFF THAT'S, WE'VE HAD, UM, LIKE THE MOTEL SIX PROJECT, WAS HE COMPLETELY LIGHTING UP THE, UH, WALGREENS PARKING LOT FROM ACROSS THE STREET AND JUST THROUGH A SIMPLE CONVERSATION, HE WENT AND RETROFITTED ALL OF HIS LIGHTS OUT THERE AND ELIMINATED THE, THE OFF OFFSET LIGHT TRESPASS BAR. SO SOMETIMES WHEN IT'S REALLY BLATANT OR, OR IF YOU HAVE A COMMERCIAL PROJECT THAT'S JUST LIGHTING UP SOMEONE'S LIVING ROOM, THAT'S ALSO A PROBLEM. AND SO THAT'S WHERE, UM, THAT'S WHERE CODE ENFORCEMENT DOES COME INTO PLAY THERE AND WE TRY TO KIND OF TAG TEAM GO, GO IN AND BOTH GOOD COP, BAD COP YEAH. CONVERSATIONS. I CAN GIVE A GOOD EXAMPLE OF THE PICTURE THAT HE'S SHOWING RIGHT NOW. IT'S, I'M ABOUT 10 HOUSES AWAY FROM A COMMERCIAL PROPERTY WITH THE SAME SCENARIO. IT'S NOT THIS ONE, BUT I CAN SEE MY SHADOW AT THREE IN THE MORNING, YOU KNOW, ON THE GROUND BECAUSE THE LIGHT'S SO BRIGHT. YEAH. UM, SO I MEAN, THAT IS KIND OF ANNOYING. OH NO DOUBT. IT COMES IN YOUR MASTER BEDROOM AT NIGHTTIME. SO THERE'S SOME, YOU KNOW, REAL BENEFIT TO THIS KIND OF EXAMPLE HERE. YEAH. THAT'S, THAT'S PROBABLY THE, THAT'S THE BIGGEST COMPLAINT WE HAVE IS SOMEONE WHO, YOU KNOW, HAD AN UNDEVELOPED PROPERTY NEXT TO THEM. THEY HAVE A COMMERCIAL PROJECT COME IN WITH PARKING LOT, UH, PULL OUT OF LIGHT LIGHTS AND NOW THEY TAKE A PICTURE FROM THE INSIDE OF THEIR WOMEN ROOM AND THE ENTIRE WINDOW IS WHITE AND THEIR SHADOWS COMING ACROSS THE ROAD, THEIR WHOLE HOUSE IS LIT UP. SO, UM, THOSE ARE THE ONES WHERE WE GO [03:45:01] BACK TO THE LINE DESIGNER AND THE INSTALLER. AND SOMETIMES THEY WILL CLEARLY TELL YOU THE MODEL SHOWS WE HAVE NO OFFSITE LIGHT TRESPASS, BUT NIGHTTIME PHOTOGRAPHS SHOW SHADOWS BEING CAST ALL THE WAY ACROSS THE ROAD ONTO THE HOUSE. SO WE KNOW THERE IS, AND THAT'S WHERE WE START WORKING WITH SHIELDING REORIENTING LIGHTS OR LOOKING AT LIGHT DISTRIBUTIONS ON INDIVIDUAL POLES. SO THOSE CAN BE CHANGED AND WE JUST TRY TO WORK WITH THE, THE INSTALLER FOR THAT. I, I GET IT FOR SURE BECAUSE I, I MEAN THE PROPERTY ACROSS FROM MY HOUSE IS VACANT AND IF THAT WAS, AND IT'S ACTUALLY COUNTY TOO. AND SO IF THAT WAS LIT UP WITH SOMETHING ON IT, IT WOULD DRIVE ME NUTS. I JUST WANNA BE CAREFUL ABOUT PROPERTY OWNER'S RIGHTS AND TELLING PEOPLE, HEY, YOUR LIGHTS ARE ON AT 1115 OR 1215 OR WHATEVER, THEY'VE GOTTA BE CUT DOWN BY 50% OR 75%. IT'S LIKE, EH, YEAH, WE, IF I'M NOT BOTHERING YOU, NO ONE'S GONNA KNOW. YEAH. LIKE, I DON'T THINK MY WIFE, IF I'M OUT OF TOWN WANTS TO CUT ALL THE LIGHTS OFF OUT OUTSIDE OUR HOUSE. YEAH. THERE'S, UM, THERE'S A, THERE'S A LOT OF INFORMATION OUT THERE ABOUT OUR, IS A MORE WELL LIT ENVIRONMENT, A SAFER ENVIRONMENT, UM, RIGHT. THERE'S RESEARCH THAT SHOWS THAT MAYBE THAT'S NOT ACTUALLY TRUE. BUT THE MOTEL SIX WAS A GREAT EXAMPLE, YOU KNOW, WALKING WITH HIM AROUND HIS PROPERTY AND LOOKING AT THE BACK. IF MY WIFE AND KIDS WERE GOING OUT TO THE CAR AT TWO IN THE MORNING, 'CAUSE YOU KNOW, SOMEBODY HAD TO GO TO URGENT CARE AND IT'S JUST PITCH BLACK BACK THERE, THAT'S NOT OKAY. YOU KNOW, I MEAN, THAT'S NOT, I, I DON'T, I WOULDN'T FEEL SAFE THAT WAY. SO YEAH, THERE'S A COMPROMISE TO THIS. UM, A A LOT OF TIMES IT'S, UH, IT'S, IT IS A CASE BY CASE SITE BY SITE BASIS, AND THAT'S WHERE WE'RE LOOKING AT THESE, UM, ILLUMINATION DESIGNS. ONE THING I MEANT, MEANT TO MENTION IS ANOTHER BIG UPGRADE ON THIS IS ON THE RESIDENTIAL SIDE, IT WAS, IT WAS PRETTY OVERKILL TO HAVE A RESIDENTIAL PROJECT SUBMIT AND MEET THE FULL ILLUMINATION PLAN REQUIREMENTS. SO NOW WE HAVE A, UM, A SCHEDULE METHOD SO THEY CAN SHOW US YOUR SITE PLAN, THE LOCATIONS OF THE EXTERIOR LIGHTS AND A LIGHTING SCHEDULE TO SHOW US THE TYPE OF LIGHTS YOU'RE INSTALLING AND WHERE. AND THEN, UM, THAT'S JUST, THAT'S HOW WE ARE GONNA MANAGE RESIDENTIAL PROJECTS MOVING FORWARD. COOL. AND THE COUNTY, I WOULD SAY ILLUMINATION REALLY GET VERY LITTLE PUSHBACK, UM, FROM THE COMMERCIAL WORLD ANYWAY ON THIS. YEAH. UM, AND WE'RE WORKING REALLY CLOSELY WITH THE COUNTY RIGHT NOW TO GET THE SAME DESIGNATION. SO THEY'RE, WE'RE WORKING ALMOST SIMULTANEOUSLY TO GET THIS INTERNATIONAL DARK SKY COMMUNITY RECOGNITION. AND THEY'VE SAID THE SAME THING. THEY GET ACTUALLY VERY LITTLE PUSHBACK ON THE DARK SKY LIGHTING COMPONENT, SO THANK YOU. MM-HMM . WHAT ABOUT THE, THE POLE HEIGHT FOR COMMERCIAL? I JUST ASKED THE QUESTION BECAUSE I KNOW THERE WAS A HEIGHT BEFORE WHERE AN 18 WHEELER KNOCKED THE LIGHT OFF, YOU KNOW, AS SOON AS THEY PUT IT IN. SO IS IT HIGH ENOUGH? SO 2018 WHEELER WON'T KNOCK THE LIGHT OFF. YEAH, THE, THE LIMIT IS 20 FEET. THAT'S THE MAX HEIGHT AND THAT'S STANDARD FOR ALL INTERIOR POLE MOUNT OF LIGHTS IN A PARKING LOT. ANY LIGHT POLE WITHIN 10 FEET OF THE PROPERTY LINE HAS TO BE 10 10 FOOT MAXIMUM AT HEIGHT. AND THAT, THAT LOWER LIGHT POLE ON PROPERTY LINES IS TO KEEP LIGHT. UM, WE INSTALL SHIELDS ON THE BACK SIDE, BUT THAT'S TO KEEP LIGHT FROM TRESPASSING OFF OF NEIGHBORING PROPERTY. OKAY. THANK YOU RYAN. THANK YOU. APPRECIATE IT. UH, RYAN, SO THAT CONCLUDES, UH, ALL THE CHAPTERS AND APPENDIXES THAT ARE BEING AMENDED. UH, SO JUST AS AN OVERVIEW HERE, UH, WHAT'S HAPPENING IN THIS PROCESS NOW? UH, JOINT SESSION HAS HAPPENED. UH, WE HELD A WORKSHOP LAST MONTH. WE ARE HERE TODAY PNZ RECOMMENDATION TO CITY COUNCIL. AND ULTIMATELY IN THE COMING MONTHS, UH, OCTOBER, NOVEMBER, CITY COUNCIL WILL, UM, ACT ON THESE AMENDMENTS AND MAKE FINAL ACTION. AND SO WITH THAT, UH, I WILL LEAVE THESE MOTIONS FOR CONSIDERATION HERE. UH, IF Y'ALL WOULD LIKE TO MAKE RECOMMENDATIONS BASED UPON THE REFERENCES THAT YOU MADE IN, UH, THE EXCEL SHEET, UM, I DON'T KNOW IF WE WANT TO PULL UP THE ONES THAT THEY HAD. I THINK THERE'S JUST TWO. YOU JUST SAY OPEN PUBLIC HEARING FIRST. YEAH, CORRECT. YES. A BIG GROUP HERE. UM, I WILL OPEN THE PUBLIC HEARING AT 10:55 PM FOR AGENDA ITEM 20 26, 3 7 3. THERE IS NOT ANY. IS THERE ANYBODY HERE FOR A PUBLIC HEARING? I'LL CLOSE THE PUBLIC HEARING. MOVE INTO COMMISSION DISCUSSION. IS THERE ANYTHING FURTHER WE NEED TO DISCUSS? I'LL ENTERTAIN A MOTION TO PRESENT TO CITY COUNCIL. THE RECOMMENDATIONS AND COMMENTS THAT WE'VE PREPARED THIS EVENING IS A MOTION. IS THE MOTION TO INCLUDE, YEAH, I MOVE THAT THE PLANNING ZONING COMMISSION TO ACCEPT THE FINDINGS AND RECOMMEND APPROVAL OF THE PROPOSED AMENDMENTS WITH THE FOLLOWING REVISIONS OF COMMISSION FILLED OUT ON THE, UH, FEEDBACK EXCEL SHEET. THANK YOU. SECOND. SECOND BY COMMISSIONER KELLER. MAKE YOUR SELECTION. [03:50:07] MOTION PASSES UNANIMOUSLY BEFORE WE MOVE OFF A REGULAR AGENDA. COMMISSIONER TAYLOR, DID, DID YOU HAVE AN ADMINISTRATIVE ITEM? WE NEEDED TO? YEAH, ONE THING I MADE A LITTLE TECHNICAL ERROR ON THE VERY FIRST ITEM THAT WE, UH, VOTED ON THAT I MET TO VOTE ON, APPROVED. UM, AND I HIT THE NAY BUTTON ON ACCIDENT. OKAY. SO I JUST WANNA MAKE THAT CHANGE IN THE, THE MINUTES TO SUBMIT IT. THANK YOU. SO AGENDA ITEM 20 26, 3 7 5. COMMISSIONER TAYLOR'S ELECTION SHOULD BE A YAY INSTEAD OF A NAY. THANK YOU. THANK YOU. [7. 2026-400 COMMISSIONER CITY EMAIL USE] MOVING FORWARD TO AGENDA ITEM NUMBER SEVEN, DISCUSSION ON COMMISSIONER CITY EMAIL USE. THANK YOU, MR. CHAIRMAN. MAKE THIS QUICK. UH, WE'VE BEEN ASKED TO, UH, LET YOU GUYS KNOW THAT, UH, FOR PUBLIC INFORMATION REQUEST PURPOSES AND OTHERS, THAT ALL OUR COMMUNICATION GOES THROUGH OFFICIAL EMAIL COMMUNICATION GOES THROUGH THE CITY EMAIL, UH, BOXES. SO, UH, IN THE PAST WE'VE KIND OF DONE DUAL. WE'LL JUST BE DOING THE, UH, CITY EMAIL IN THE FUTURE. THAT'S ALL I HAVE. THANK YOU. ANY OTHER COMMENTS? WE'RE GOOD. I'LL CALL THIS MEETING ADJOURNED AT 10:57 PM THANK YOU. OKAY. YOU COULD, THE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.