* 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. [00:00:02] UH, UH, PLANNING AND ZONING, UH, [I. CALL TO ORDER] MEETING OF OCTOBER 12TH, 2023. UH, THE FIRST ITEM [II. CITIZEN COMMENT ON ANY NON-PUBLIC HEARING AGENDA ITEMS] ON THE AGENDA IS IF THERE'S ANYONE INTERESTED IN SPEAKING ON A NON-PUBLIC HEARING AGENDA ITEM, UH, YOU'LL HAVE AN OPPORTUNITY TO SPEAK ON THOSE ITEMS THAT ARE ON OUR AGENDA. BUT FOR ANY, ANYBODY THAT'S INTERESTED IN ANY NON NONPUBLIC HEARING AGENDA ITEM, THEY CAN COME UP NOW. YES, PLEASE, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. YES, MY NAME IS TERRY ROACH, AND I'M AT 5 0 4 NORTH COSBY STREET. UH, I'VE BEEN HERE QUITE OFTEN, BUT I'VE NEVER BEEN TO A PLANNING AND ZONING, UH, COMMISSION MEETING, AND I'VE COME HERE THIS EVENING TO, UH, OFFER, UH, MY COMMENDATION, MY APPRECIATION, MY HEARTFELT THANKS FOR THE WORK THAT YOU DO. I DO READ THE MINUTES. I DO SEE YOU ON, UH, ONLINE, THE VIDEOS, AND I SEE THAT YOU'RE DOING THE, THE PUBLIC WORK. UH, AND I SEE OUT IN THIS CROWD, I SEE A NUMBER OF PEOPLE. AND I IMAGINE MOST OF YOU'RE HERE BECAUSE YOU'RE, UH, YOU HAVE SOMETHING, SOME CASE THAT, UH, PERSONALLY, UH, CONCERNS YOU WITH THE PLANNING AND ZONING. UH, I WOULD LIKE TO INVITE EVERYONE, I INFREQUENTLY AT THE, UH, COUNCIL MEETINGS, AND WE HAVE A LOT OF ELBOW SPACE. I HAVEN'T SEEN A MEETING AT THE, UH, REGULAR COUNCIL THIS FULL IN THE YEARS THAT I'VE BEEN COMING. I'VE BEEN COMING OVER THE LAST THREE YEARS OR SO. UH, SO AGAIN, I WANT TO THANK YOU. AND, UH, I, I WANNA SAY THAT UNFORTUNATELY, I THINK YOU'LL SEE A GREAT CONTRAST, UH, WHEN YOU DO THE WORK THAT YOU'RE, YOU'RE IS YOUR OBLIGATION. AND THAT'S TO ASK THE RELEVANT QUESTIONS, UH, THE QUESTIONS THAT GET TO THE, THE KERNEL OF TRUTH AND THE QUESTIONS THAT REFLECT IN EVERY CASE THAT I'VE SEEN, UH, AN UNDERSTANDING, UH, AN AWARENESS OF WHAT'S ON THE, UH, AGENDA. AND AGAIN, YOU'RE FULFILLING YOUR OBLIGATION. UH, I'D LIKE TO ENCOURAGE YOU ALSO, I KNOW, UH, UH, CHAIRMAN VAL, TODAY, YOU WERE ON, UH, THE COUNCIL AND, UH, YOUR COLLEAGUES, I IMAGINE YOU HAVE CONTACT WITH THEM THROUGH, UH, YOUR, WHETHER IT'S THE CHAMBER OF COMMERCE OR, OR JUST HERE IN THIS BUILDING. I'D LIKE TO ENCOURAGE YOU, UH, TO ENCOURAGE THEM, UH, TO BE MORE OPEN TO QUESTIONS. UH, I BROUGHT NUMEROUS QUESTIONS, UH, TO THE COUNCIL, AND I'VE NEVER, UH, I'M PERSONA NON GRATA IN A SENSE, IN, UH, BENBROOK. UH, I'VE LIVED HERE MOST OF MY LIFE. I MOVED HERE IN 1978 FOR THIRD GRADE. SO A LOT OLDER THAN YOU THOUGHT, RIGHT? UH, ANYWAYS, I WANT TO COMMEND YOU AGAIN TO THANK YOU AND TO ENCOURAGE YOU TO ENCOURAGE YOUR COLLEAGUES ON THE COUNCIL TO TAKE, UH, YOUR LEADERSHIP AND FOLLOW IT. AND I'VE SNUCK OUT FROM MY CHORES FOR MY WIFE. UH, SO I'M GONNA RUN OUT OF HERE, BUT THANK YOU VERY MUCH. THANK YOU, MR. ROACH. ANYONE ELSE? OKAY. UH, WE'LL GO AHEAD AND, EXCUSE ME, MOVE ON TO THE NEXT ITEM [III.A. Approve Minutes Of The Regular Meeting Held On July 13, 2023] ON THE AGENDA, AND THAT IS THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING, WHICH WAS HELD LAST ON JULY 13TH, 2023. DO I, I HAVE A MOTION, MR. LOGAN, A MOTION TO APPROVE THE MINUTES. THANK YOU, MR. LOGAN. DO I HAVE A SECOND, MR. FERRAR? I'LL SECOND THE MOTION. THANK YOU, MR. FERRA. GO AHEAD AND VOTE HERE MOMENTARILY. OKAY, WE CAN GO AHEAD. WE HAVE ONE, NO, TWO ABSTENTIONS, BUT IT DOES, UH, PASS. SO IT, IT'S APPROVED. WE CAN GO AHEAD AND MOVE ON TO THE NEXT ITEM ON THE AGENDA. [IV.A. 500 Council Drive - South-View Estates [PUBLIC HEARING] 1. RP-23-06 - A request to approve a residential replat of approximately 0.716 acres of land, combining Lots 21 and 22 of the South-View Estates Addition into one residential lot. The property is zoned β€œRE” Residential Estate District and located at the southwest corner of the Rogers Road and Council Drive intersection (500 & 504 Council Dr.).] AND THAT IS THE, UH, UM, 500 COUNCIL DRIVE SOUTH VIEW STATES. UH, AND THAT IS THE RP 2306 A REQUEST TO APPROVE A RESIDENTIAL REPL OF APPROXIMATELY 0.716 ACRES OF LAND, COMBINING LOTS 21 AND 22 OF THE SOUTH VIEW ESTATES. ADDITION INTO ONE RESIDENTIAL LOT, THE PROPERTY ZONED RE RESIDENTIAL ESTATE DISTRICT, AND LOCATED AT THE SOUTHWEST CORNER OF THE ROGERS ROAD AND COUNCIL DRIVE INTERSECTION AT 505. IT'S 500 AND 504. COUNCIL DRIVE IS THE APPLICANT. UH, HAVE, WOULD LIKE TO SAY ANYTHING? PLEASE COME STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. ABSOLUTELY. I'M THERESA MCGEE, AND, UM, MY PERSONAL ADDRESS IS 7 4 9 RILING CIRCLE IN NAZEL, TEXAS. I'M REPRESENTING STEVEN AND ANNETTE LONG FOR THIS PROJECT. ALRIGHT, THANK YOU. DO YOU GUYS HAVE ANY QUESTIONS FOR ME, OR DO YOU WANT GIVE ME, TO GIVE YOU KIND OF AN IDEA OF WHAT THEY'RE ATTEMPTING TO DO AT THE PROPERTY? UH, IF, IF YOU'D LIKE STAFF, WE'LL HAVE A, A REPORT ALSO. UH, SO WHATEVER YOU FEEL COMFORTABLE DOING, THAT'S FINE. ABSOLUTELY. SO THEY'RE COMBINING TWO LAWS THAT WERE NEVER PLATTED INTO ONE, OR THAT WERE NEVER ONE ACRE TO START WITH BETWEEN THE TWO OF THEM. AND SO THEY REQUESTED A WAIVER BECAUSE THE RE RESIDENTIAL IS [00:05:01] ONE ACRE MINIMUM FOR THAT AREA. UM, AND THEY FELL IN LOVE THE PROPERTY A COUPLE YEARS AGO, ATTEMPTED TO BUY IT SEVERAL TIMES. THEY'VE GONE THROUGH ALL THE PROPER AVENUES TO ACQUIRE IT AND, UH, GET A WELL AND ALSO DO SEPTIC AT THAT LOCATION. SO WE JUST ASK P AND Z TO CONSIDER THAT REPL AND APPROVE IT. THANK, DOES ANYBODY HAVE ANY QUESTIONS? UH, MS. MCGEE? NO. THANK YOU SO MUCH, MR. HOWARD. CAN WE HAVE A STAFF REPORT, PLEASE? MAYBE. OKAY. THERE IT GOES. THANK YOU, MR. CHAIR. UH, YES, UH, I LIKE TO REITERATE EVERYTHING THAT SHE JUST STATED. UM, AND I GOT SOME PICTURES THAT MAY MAKE IT A LITTLE EASIER. SO THIS IS THE PLAT DOCUMENT THAT THE, THE APPLICANTS HAVE SUBMITTED. SO IF YOU LOOK A LITTLE CLOSER, THIS WAS LOT 22, AND THE SECOND RECTANGLE IS LOT 21. SO THEY'RE ASKING THAT BOTH OF THESE GET REPLANTED INTO ONE RESIDENTIAL LOT. UH, IT'S ABOUT A LITTLE, LITTLE OVER 0.7 ACRES, 0.716 ACRES. UH, WHICH AS SHE STATED, YES, THE, THE MINIMUM STANDARD FOR AN RE RESIDENTIAL DISTRICT IS ONE ACRE. UM, THE STAFF IS VERY SUPPORTIVE OF THAT WAIVER. UM, BEFORE I GET INTO THAT SUPPORT, LET ME JUST GIVE YOU A BRIEF OVERVIEW OF WHAT WE'RE LOOKING AT, UH, FROM A PROCESS STANDPOINT. RESIDENTIAL RELAS ARE TYPICALLY CATEGORIZED AS MINOR PLATS, AND THEY CAN BE APPROVED JUST BY CITY STAFF ALONE. UH, THEY DON'T REQUIRE THE ACTION OF THE PLANNING AND ZONING COMMISSION. IF THERE ARE WAIVERS OR VARIANCES ASKED OF THE PLANNING AND ZONING COMMISSION, THAT IS WHEN WE HAVE TO REFER THAT TO THE PLANNING COMMISSION. AND SO THAT'S WHY THIS IS HERE TONIGHT BECAUSE OF THAT ONE ACRE WAIVER. UM, A LITTLE BACKGROUND BEFORE I GET INTO THOSE DETAILS. EVEN BACK IN 1954, THE SOUTHVIEW ESTATES EDITION WAS APPROVED BY THE CITY AND RECORDED, UH, WITH THE COUNTY. UH, IN 1994, THE COUNCIL ADOPTED ORDINANCE 9 55, WHICH ESTABLISHED THAT RE RESIDENTIAL DISTRICT. SO THE COMP PLAN AT THAT TIME LOOKED AT THAT AREA IN THE CITY AND SAID, WE WANT THIS TO BE LARGE ACRE LOTS. UM, AND SO THE RE DISTRICT WAS CREATED, AND THIS IS NOW ZONED TO THAT IN AUGUST OF 2020 THIRD. AND WE'VE, WE'VE ACTUALLY WORKED WITH THE PREVIOUS PROPERTY OWNER AND MAYBE EVEN THE PREVIOUS ONE BEFORE THAT IN HOPES THAT THIS WOULD GET DEVELOPED ONE DAY. UH, THE APPLICANT NOW HAS COME FORWARD AND ACTUALLY SUBMITTED FOUR BUILDING PERMITS. UM, THEY'VE ALSO APPLIED WITH BWA, GOT THEIR WATER WELL, UH, APPROVALS, AND THEY APPLIED WITH TARRANT COUNTY, UH, FOR THEIR SEPTIC SYSTEM APPROVAL. AND AS PART OF THE BUILDING PERMIT PROCESS, WE LOOK FOR THINGS TO MAKE SURE THEY'RE COMPLYING WITH BUILDING REGULATIONS, ZONING REGULATIONS, AND THAT THEY HAVE THE REQUIRED ACCESS TO WATER AND SEWER. UM, AND WITH THAT, THEY DID HAVE TO RELAID INTO ONE PROPERTY. SO ALL THEIR FACILITIES, UH, WERE ALL IN ONE LOT. SO I'VE LISTED HERE IN THE STAFF REPORT, AND I'VE KIND OF SUMMARIZED IT ON THE SCREEN FOR YOU ALL, UH, WHY STAFF IS SUPPORTIVE OF WAIVING THE SUBDIVISION REGULATION THAT RE UM, REQUIRES THAT LOT, UH, ONE ACRE MINIMUM SIZE FOR A LOT. UH, THE ZONING ORDINANCE, FOR ONE SPECIFICALLY ALLOWS THE CONSTRUCTION AND USE OF A ONE FAMILY DWELLING ON ANY LOT THAT IS STILL ZONED FOR SINGLE FAMILY REGARDLESS OF THE SIZE, AS LONG AS IT WAS ALREADY PLATTED. SO ALREADY WITH, WITHOUT ANY WAIVERS OR EXCEPTIONS FROM ANYBODY, UH, THE, THE APPLICANTS ABSOLUTELY HAVE THE RIGHT TO BUILD ON THIS LAND. WHERE IT GOT A LITTLE TRICKY WAS, WELL, WHAT DO WE DO WITH THE SEPTIC SYSTEM? SO TARRANT COUNTY HAS SOME RULES ABOUT SPACING BETWEEN WATER WELLS, OTHER SEPTIC SYSTEMS, DIFFERENT LOTS, AND IN ORDER FOR THEM TO ACCOMPLISH THAT, THE SECOND LOT THAT THEY OWNED, THAT'S WHERE THE SEPTIC SYSTEM HAD TO BE LOCATED. UM, UH, ONE OF THE, ONE OF THE OTHER BIG REASONS WERE SUPPORTIVE OF IT, IT, SINCE IT'S REDUCING THE POTENTIAL DENSITY OF THIS SUBDIVISION, UM, IT ACTUALLY BRINGS THE LOT MORE IN CONFORMANCE WITH THE ZONING REGULATIONS. SO WE DIDN'T GO BACKWARDS, WE'RE NOT SPLITTING A LOT AND MAKING IT MORE DENSE. WE'RE ACTUALLY COMING CLOSER TO CONFORMANCE AND, UH, FOR THOSE REASONS, UH, AND THEN EVERYTHING ELSE IN OUR STAFF REPORT, THAT'S WHY WE'RE SUPPORTIVE OF THAT, THAT WAIVER. UM, WITH THAT, THE STAFF RECOMMENDATION IS TO, UH, MOVE TO APPROVE THE FINAL PLAT REQUEST [00:10:01] NUMBER, RP DASH 23 DASH ZERO SIX AS CONDITIONED IN THE STAFF REPORT. UH, ONE OF THOSE CONDITIONS, UM, WAS KIND OF A CHECKLIST ITEM. WE DO HAVE TO LOOK A LITTLE CLOSER AT THEIR PUBLIC OPEN SPACE EASEMENT THAT THEY'VE OUTLINED ON THEIR PLAT. UM, AT, AT LOOKING AT IT AT THIS LEVEL, WE COULDN'T TELL IF IT, IF IT WAS COMPLETELY IN CONFORMANCE WITH THE STANDARD REGULATIONS IN THE SUBDIVISION ORDINANCE. SO WE HAVE TO, WE HAVE TO LOOK AT THAT JUST A LITTLE MORE CLOSER. IT'S VERY POSSIBLE THAT IT ENCUMBERS THE PROPERTY EVEN MORE THAN THE PUBLIC OPEN SPACE EASEMENT WOULD HAVE AT THAT CORNER. UM, BUT WE JUST NEED TO VERIFY THAT AT LEAST THE MINIMUM REQUIREMENT FITS IN THAT I THINK THEY HAD A 15 BY 15 TRIANGLE AT THE CORNER THAT THEY WERE DEDICATING. UH, SO AS LONG AS IT MEETS THAT, THEN THEY'LL BE OKAY THERE. SO WE HAVE TO LOOK AT THAT. ONE OF THE OTHER CONDITIONS THEY WERE SHOWING SIDE AND REAR BUILD LINES ON THE PLAT, THEY DON'T HAVE TO SHOW THAT. THERE'S NO REQUIREMENT FOR THEM TO SHOW THAT. SO IF THEY CHOSE TO REMOVE THOSE LINES FROM THE PLAT, WE WANTED TO MAKE SURE THAT WAS STILL GONNA BE OKAY. UM, AND THEN THIS, THE SECOND PART OF THE MOTION IS TO DELEGATE TO THE CITY PLANNER MYSELF, UH, THE AUTHORITY TO APPROVE OR DISAPPROVE OF PLAT THAT THE APPLICANT SUBMITS A WRITTEN RESPONSE, UH, TO THE COMMISSION'S CONDITIONAL APPROVAL OF THIS PLAT. AND THAT'S IN ACCORDANCE WITH STATE LAW. UM, WHAT THAT REALLY MEANS IS IF WE'VE APPLIED CONDITIONS TO A PLAT, THE APPLICANT HAS THE RIGHT TO SUBMIT A WRITTEN RESPONSE PROVING THAT THEY'VE MET THOSE CONDITIONS, AND THEN THIS GIVES THE STAFF THE AUTHORITY TO GO AHEAD AND IMPROVE THE REST OF IT, AND THEN WE CAN GET THIS RECORDED. THAT CONCLUDES MY PRESENTATION FOR THIS ITEM, AND I'M AVAILABLE IF THERE ARE ANY QUESTIONS. I DO HAVE ONE QUICK QUESTION. YOU HAD MENTIONED THAT IT WAS MORE CONFORMING TO THE, UM, UH, ZONING REGULATIONS, UM, BUT JUST FOR THE BENEFIT OF THE PUBLIC, IT IS ALSO MORE CONFORMING OR, OR AT LEAST CONFORMING ENOUGH, UH, WITH THE COMPREHENSIVE PLAN FOR BENBROOK. IS THAT CORRECT? CORRECT. THAT IS CORRECT. ALL I HAVE MR. ALLISON, YES. SO, UM, MR. HOWARD, I THINK ALL THE REASONS THAT STAFF HAS TO APPROVE THE WAIVER, I THINK ALL THAT MAKES SENSE. UM, I JUST WANTED TO ASK A LITTLE BIT ABOUT PRECEDENT IN TERMS OF WHETHER, UH, YOU KNOW, BELOW AN ACRE APPROVING THESE KINDS OF REQUESTS FOR LOTS THAT END UP BEING BELOW AN ACRE. UM, CAN YOU JUST SPEAK GENERALLY HOW COMMON THAT IS, UM, IF NOT IN THE CITY, JUST IN THAT AREA? AND THEN DO YOU HAVE ANY CONCERNS ABOUT THIS KIND OF SETTING THE TONE FOR, YOU KNOW, TWO LOTS COMING TOGETHER THAT MIGHT BE HALF AN ACRE AND, AND PETITIONS FOR THAT SORT OF THING, AND THAT MAY NOT BE FEASIBLE WITH A SEPTIC. THE WAY THAT THIS PARTICULAR, I JUST WANTED TO HEAR YOU TALK ABOUT THAT. UM, THAT, THAT'S ACTUALLY, THAT'S, THAT'S VERY GOOD QUESTIONS. I, I BELIEVE THE WAY THAT STAFF IS AT LEAST STRUCTURED THIS IS THAT IT IS UNIQUE ENOUGH THAT IT IS NOT GOING TO BE COMMON. UM, THERE AREN'T A LOT OF AREAS IN OUR CITY WHERE WE HAVE EXISTING ZONING, WHERE WE DON'T CURRENTLY HAVE DEVELOPMENT, AND WE DON'T HAVE EXISTING PLATS WHERE WE DON'T HAVE DEVELOPMENT. THAT'S ACTUALLY VERY RARE. THIS IS ONE OF THE FEW AREAS IN OUR CITY WHERE THIS COULD HAPPEN. UM, THERE'S, THERE'S A SUBDIVISION HERE, AND THEN JUST TO THE EAST OF THIS SUBDIVISION, THERE'S ANOTHER STREET. VERY SIMILAR. UM, WE HAD A REPL PROBABLY IN 2017. THEY ACTUALLY HAD AN ACRE BACK THEN, UM, WHERE SOMETHING VERY SIMILAR HAPPENED. SO IN SETTING PRECEDENTS, AS LONG AS THEY WOULD MEET THE SAME TYPE OF CRITERIA THAT STAFF WAS LOOKING AT FOR THIS, I DON'T BELIEVE STAFF WOULD HAVE ANY ISSUE WITH, WITH THAT BEING SET AS A PRECEDENCE. UM, IT IS VERY DIFFICULT TO GET THE WATER WELL APPROVAL AND THE SEPTIC SYSTEM WITHOUT A LARGE LOT, ANYTHING LESS THAN THIS PROBABLY WOULD NOT HAVE MADE IT. UM, TYPICALLY THE RULE OF THUMB IS YOU NEED A HALF ACRE FOR YOUR WELL, AND YOU NEED A HALF ACRE FOR YOUR SEPTIC SYSTEM. AND THAT MIGHT HAVE EVEN CHANGED TO MAYBE, MAYBE MORE. NOW. I HAVEN'T LOOKED AT THE MOST RECENT, UH, CHANGES TO THAT, BUT THAT'S BEEN OUR RULE OF THUMB, UM, WHEN WE ADVISE PEOPLE ON WHAT, WHAT THEY'RE GONNA HAVE TO LOOK FORWARD TO WHEN THEY'RE TRYING TO DEVELOP PROPERTIES LIKE THIS. SO I, I THINK THIS REALISTICALLY IS PROBABLY THE SMALLEST SIZE LOT YOU'RE GONNA LOOK AT IN THIS AREA AND TELL BWA PROVIDES THOSE SERVICES OUT IN THIS AREA. GREAT. THANK YOU. THANK YOU MR. ELLISON. MR. WALLACE, JUST TO KIND OF MAKE SURE I FOLLOW, AND HOW MUCH OF THAT AREA DOES NOT HAVE WATER [00:15:01] AND SEWER FROM THE BENBROOK WATER AND SEWER AUTHORITY? I DON'T BELIEVE ANY OF THAT'S WHAT I THOUGHT. WHEN YOU TAKE STEVEN DRIVE, I DON'T, I DON'T THINK THERE ARE ANY THAT'S, YEAH. THAT WOULD BE OUR PROTECTION. YEAH. BUT OTHERWISE, I THINK MR. ELLISON BRINGS UP A GOOD POINT. GOOD QUESTION. THANK YOU, MR. WALLACE. IS THERE ANYONE ELSE FROM THE COMMISSION THAT HAS ANY QUESTIONS OF MR. HOWARD? OKAY. THANK YOU MR. HOWARD, FOR THE PRESENTATION. AT THIS TIME, I'LL GO AHEAD AND OPEN IT UP TO THE PUBLIC. IF THERE'S ANYONE THAT HAS ANY QUESTIONS, COMMENTS, PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. OKAY. BY YOUR SILENCE, I'M GOING TO SAY THAT THERE'S NOT A INTEREST. I'LL GO AHEAD AND CLOSE THE, UH, PUBLIC HEARING. AND AT THIS TIME, I'LL BRING THE ITEM BACK TO THE COMMISSION, UH, FOR EITHER ANY DISCUSSION OR IF NO, THERE'S NO DISCUSSION, I'LL ENTERTAIN A MOTION AS WELL. MR. WALLACE? YEAH, MR. UH, CHAIRMAN, I'LL MAKE A MOTION TO APPROVE THE FINAL PLAT REQUEST NUMBER RP 2 3 0 6 IS CONDITIONED WITHIN THE STAFF REPORT AND THAT WE DELEGATE TO THE CITY PLANNER THE AUTHORITY TO APPROVE OR DISAPPROVE THE PLAT. UM, IF THE APPLICANT SUBMITS A WRITTEN RESPONSE TO THE COMMISSION'S CONDITIONED APPROVAL OF THIS PLAT IN ACCORDANCE WITH STATE LAW. THANK YOU, MR. WALLACE. MS. RODRIGUEZ, I'LL SECOND THE MOTION. THANK YOU, MS. RODRIGUEZ. WE WILL VOTE ON IT HERE SHORTLY. I, IT IS APPROVED UNANIMOUSLY. CONGRATULATIONS. UH, YOU'RE WELCOME TO STAY FOR THE NEXT ITEM OF THE AGENDA, BUT YOU NEED NOT TO. IT IS YOUR CHOICE AND YOU'RE WELCOME. LET'S GO AHEAD AND, UH, GO ON TO THE NEXT ITEM [IV.B. Corriente Addition - La Cantera at Team Ranch [PUBLIC HEARING] 1. P-23-01 - A request to approve a preliminary plat, which proposes to subdivide Lot A, Block 10 of the La Cantera at Team Ranch Phase II Addition (approximately 34.66 acres of land) into five residential lots. The property is zoned β€œB” One-Family District and is located northeast of the Veterans Parkway and Team Ranch Road intersection (4905 Corriente Ln.).] OF OUR AGENDA. AND THAT IS CORTE EDITION AT LA AND TERRA AT TEAM RANCH, P 23 0 1. A REQUEST TO APPROVE A PRELIMINARY PLAT, WHICH PROPOSES TO SUBDIVIDE LOT A BLOCK 10 OF LA AND TERRA AT TEAM RANCH, PHASE TWO EDITION, WHICH IS APPROXIMATELY 34.66 ACRES OF LAND INTO FIVE RESIDENTIAL LOTS. THE PROPERTY IS ZONED B ONE FAMILY DISTRICT AND IS LOCATED NORTHEAST OF THE VETERANS PARKWAY AND TEAM RANCH ROAD INTERSECTION, LOCATED AT 49 0 5 COR LANE. DO I HAVE THE APPLICANT HE WANTS TO MAKE SOME COMMENTS? THEY CAN COME UP TO THE PODIUM. STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. GOOD EVENING. UH, MY NAME'S CORY WALDROP, UH, 67 12 KIRKWOOD ROAD IN FORT WORTH, TEXAS. UH, I'M THE, UH, LANDOWNER, UH, MY WIFE AND I BOUGHT THE PROPERTY IN DECEMBER 21 WITH THE INTENT TO DEVELOP. AND, UM, AFTER COLLABORATING AND WORKING WITH THE LOCAL HOA, UM, ORIGINALLY SHIFTED AND PIVOTED FROM OUR 18 LOT PLAN, UH, TO A FIVE LOT PROPOSAL AS YOU CURRENTLY SEE. AND, UM, WE'VE MADE OURSELVES AVAILABLE TO, UH, ANSWER ANY QUESTIONS THAT YOU GUYS MIGHT HAVE FOR US, UH, THIS EVENING. THANK YOU, MR. WAL. IS THERE ANY COMMENTS OR QUESTIONS BY THE COMMISSION AT THIS TIME? THANK YOU SO MUCH. AND IF I CAN GO AHEAD AND HAVE THE STAFF REPORT. MR. MR. HOWARD. THANK YOU AGAIN, MR. CHAIR. LET ME GRAB THIS. SO THE, THE SCREEN IN FRONT OF YOU DOES SHOW AN AERIAL OF THE SITE. UH, IT IS ABOUT A ROUGHLY A 35 ACRE TRACT. UM, AS THE APPLICANT STATED THEY ARE, THEY'RE LOOKING TO SUBDIVIDE THIS ALREADY PLATTED LOT. IT IS. THERE IS A PLAT ON, UH, RECORDED WITH TARRANT COUNTY. NOW IT IS LOT A BLOCK 10, UH, INTO FIVE ADDITIONAL LOTS. UM, SO STATE LAW REGULATES THE PLATTING PROCESS WHEN ANY PLAT IS SUBMITTED TO THE CITY. THE CITY HAS 30 DAYS TO APPROVE, APPROVE WITH CONDITIONS OR DISAPPROVE A PLAQUE. UM, AND THAT IS 30 DAYS FROM THE DATE THAT THEY FILE IT. SO STAFF IS REVIEWING IT. STAFF WRITES A STAFF REPORT, AND THEN WE BRING IT TO THE COMMISSION FOR CONSIDERATION, ALL WITHIN THAT 30 DAY LIMIT. UH, THIS PROPOSED DEVELOPMENT, UH, IN REGARDS TO PLATTING IS PROCEEDING THROUGH WHAT'S CALLED A STANDARD PLAT PROCESS. UH, THE STANDARD PLAT PROCESS COMPRISES OF A PRELIMINARY REVIEW AND A FINAL PLAT REVIEW. [00:20:01] UNDER EACH OF THESE REVIEWS, THE, THE PLAT MUST BE APPROVED, APPROVED WITH CONDITION OR DISAPPROVED WITHIN THE 30 DAYS. ONCE THE APPLICATION IS, UH, SUBMITTED, UH, AS I WAS STATING, WE DO PROVIDE A STAFF REVIEW AND A STAFF REPORT TO THE COMMISSION. UM, THE PRELIMINARY PLAT PROCESS IN GENERAL, IT'S SET UP, UM, FOR A NUMBER OF REASONS. I WANNA READ SOME OF THE THINGS IN OUR ORDINANCE THAT STATE WHY WE DO PRELIMINARY PLATS. SO ONE, WE ELIMINATE DUPLICATION OF SUBDIVISION NAMES AND STREETS. SO DURING THE PRELIMINARY PREP PROCESS, WE APPROVE THE SUBDIVISION NAME AND ALSO ANY STREETS. IN THIS CASE, THERE ARE NO STREETS. THERE'S EXISTING STREETS, SO WE DIDN'T HAVE TO WORRY ABOUT THAT. WE ASSURE PROPERTY, THE, THE PROPERTY ALIGNMENT OF STREETS AND DRAINAGE FACILITIES. WE ASSURE THAT ADEQUATE PUBLIC UTILITY SERVICES WILL BE PROVIDED. WE ASSURE THAT ALL NECESSARY PERMITS AND PLAN APPROVALS HAVE OR WILL HAVE BE, UH, OR WILL BE APPLIED FOR. AND, UH, WE ASSURE CONFORMANCE WITH THE COMPREHENSIVE PLAN AND OTHER DEVELOPMENT REGULATIONS IF A PRELIMINARY PLAT GETS APPROVED, AND I'M SPEAKING IN GENERALITIES, UM, THAT SHALL BE DEEMED IN AN AS AN EXPRESSION OF APPROVAL OF THE LAYOUT SUBMITTED. UM, ON THE PRELIMINARY DRAWINGS, JUST AS A GUIDE TO THE INSTALLATION OF STREETS, WATER, SEWER, AND OTHER REQUIRED IMPROVEMENTS IN UTILITIES IN THE PREPARATION OF THAT FINAL PLAT, APPROVAL OF A PRELIMINARY PLAT DOES NOT CONSTITUTE ACCEPTANCE OF THE SUBDIVISION, BUT IS MERELY AN AUTHORIZATION TO PROCEED WITH PREPARATION OF THE FINAL PLAT FOR RECORD. SO DURING STAFF'S REVIEW, WE, UM, WE'VE IDENTIFIED PROCESSES REQUIRED TO MOVE FORWARD. WE'LL SPEAK A LITTLE BIT MORE ABOUT THE FLOODPLAIN SIDE OF THINGS, UM, IN A MINUTE. SO WE'VE GOT PROCESSES LIKE TREE PRESERVATION, MITIGATION THAT WERE IDENTIFIED THAT WILL HAVE TO BE FOLLOWED, FLOODPLAIN DEVELOPMENT PERMIT, STORM WATER MANAGEMENT THINGS, THINGS OF THIS NATURE. UM, WHEN WE REVIEWED THE PRELIMINARY PLAT ITSELF, THERE IS A SHEET IN THERE CALLED A PRELIMINARY PLAT. UH, STAFF DID FIND ITEMS THAT NEEDED CORRECTING. WE FOUND ITEMS, UM, THAT WERE MISSING AND THAT, THAT THE, THE APPLICANT NEEDS TO PROVIDE. UM, NOTHING OUT OF THE ORDINARY. THIS IS TYPICAL FROM A FIRST REVIEW FOR, UM, FOR THE CITIES WHEN REVIEWING PROJECTS WITH ENGINEERS AND SURVEYORS. UM, IN REGARDS TO THE PRELIMINARY PLANS, UH, FOR ENGINEERING, UH, OUR CITY ENGINEER DETERMINED THAT HE NEEDED MORE INFORMATION PROVIDED TO HIM, UH, CONCERNING SOME OF THOSE ELEMENTS SUCH AS DRAINAGE AND, AND THE THINGS THAT HE LOOKS AT. UH, WE'VE ATTACHED TO THE STAFF REPORT A LIST IN ATTACHMENT THREE OF THOSE ITEMS THAT EITHER NEED TO BE CORRECTED OR, OR ITEMS THAT WE'RE REQUESTING MORE INFORMATION FOR. UM, UH, AT THIS POINT, THE STAFF IS RECOMMENDING THE COMMISSION DISAPPROVE THE PLAT. UH, AND AGAIN, IF WE GO BACK TO THE PLAT PROCESS, WHAT THAT MEANS IS IF, IF A PLAT IS EITHER APPROVED WITH CONDITIONS OR IF A PLAT IS DISAPPROVED, THE APPLICANT HAS THE OPTION AND THE OPPORTUNITY TO SUBMIT A WRITTEN RESPONSE TO THAT LIST THAT WE'VE, THAT WE PROVIDE THEM, UM, WITH REASONS, UH, FOR THE DISAPPROVAL. AND AS LONG AS THEIR RESUBMITTAL, UH, SATISFIES OR REMEDIES, THOSE DEFICIENCIES, UH, THEN AT THAT POINT, THE PLAT MUST BE APPROVED IN ACCORDANCE WITH STATE LAW. SO THERE'S NO DISCRETION WHEN IT COMES TO PLATS. I'M SURE YOU'VE HEARD THAT FROM ME A A LOT. UH, WE HAVE A LIST OF REGULATIONS AND AS LONG AS, AS LONG AS THOSE REGULATIONS ARE MET, STATE LAW REQUIRES THE CITY OR THE PLANNING COMMISSION OR THE CITY PLANNER TO, UH, APPROVE THAT PLAT. UM, LET ME CHECK HERE. I WANTED TO GO OVER JUST A LITTLE BIT SO PEOPLE CAN SEE WHAT IS BEING PROPOSED. SO I'VE OUTLINED A LITTLE DARKER, UH, THAT DARK LINE YOU SEE OUTLINING THIS PROPERTY. THAT'S THE 35 ACRES THAT'S IN QUESTION. UM, I'LL SHOW YOU ANOTHER SCREENSHOT IN JUST A MINUTE THAT SHOWS BETTER WHERE THOSE LOT LINES ARE. THERE'S A LOT OF LINES UP THERE, SO IT'S A LITTLE DIFFICULT TO READ AT TIMES. BUT I DID WANT TO SHOW IT IN RELATION TO THE FLOODPLAIN. SO THIS IS A MAP THAT SHOWS THE RED IS WHAT WE CALL THE A HUNDRED YEAR FLOODPLAIN. AND THE BLUE IS WHAT WE CALL THE FLOODWAY. UM, THE A HUNDRED YEAR FLOODPLAIN, YOU CAN HAVE DEVELOPMENT IF THEY RECLAIM THE LAND FROM THE FLOODPLAIN AND THEY RAISE IT UP AND IT, THEY SUBMIT A, A LOANER WITH FEMA [00:25:01] THAT GETS APPROVED. AND AS, AS LONG AS THEY TAKE OUT THAT LAND FROM THE FLOODPLAIN, THEN IT COULD BE DEVELOPED. THE FLOODWAY IS SOMETHING THAT CANNOT BE DEVELOPED IN, AND THAT'S THAT BLUE VERSUS THE RED. THIS I HOPE SHOWS A LITTLE CLEARER. THIS WAS ONE OF THE PAGES THEY SUBMITTED TO US OF WHERE THOSE LOT LINES, UH, ARE LIKELY TO BE. UM, SOMETIMES THINGS CHANGE DEPENDING ON WHERE EASEMENTS GO, BUT THIS, THIS IS A GOOD REPRESENTATION OF WHAT IT WILL LOOK LIKE. UH, THERE ARE FIVE RESIDENTIAL LOTS. THOSE LITTLE RECTANGLES YOU SEE ON, ON IT WOULD BE THE POTENTIAL BUILDING PADS OF WHERE THE HOUSE COULD BE BUILT. AND SO IF I OVERLAY IT, YOU'LL SEE THIS IS, THIS IS OBVIOUSLY WHY, UH, FLOODPLAIN RECLAMATION IS NEEDED. UH, 'CAUSE THEY DO HAVE TO, OBVIOUSLY THE BUILD SITES ARE IN THE EXISTING FLOODPLAIN RIGHT NOW. UM, IN THE FUTURE, THAT'S WHEN WE LOOK CLOSER AT THEIR FLOOD STUDIES. THIS IS WHAT, UH, WHAT WE SEE AS A PATH FORWARD FOR THE APPLICANT. OBVIOUSLY, THEY NEED TO GET APPROVED, THEIR PRELIMINARY PLAT, WHICH THIS IS PART OF THAT PROCESS. UH, AFTER THE PRELIMINARY PLAT, THEY'LL BE WORKING ON THEIR FINAL, UH, CIVIL DOCUMENTS WHERE THEY'LL BE WORKING WITH THE BENBROOK WATER AUTHORITY ON THEIR WATER AND SEWER PLAN. THE WATER SERVES THIS PROPERTY. NOW, I BELIEVE THEY, THEY DO NEED TO HAVE SOME WORK ACCORDING TO BWA ON THE SEWER SIDE OF THINGS. UH, BUT THEY'LL BE WORKING WITH BWA TO GET THAT ACCOMPLISHED. UM, OBVIOUSLY THE FULL CIVILS WITH GRADING AND ENGINEERING AND, AND, UM, DRAINAGE AND ALL OF THAT WILL COME TO THE CITY FOR REVIEW AS WELL AS THE FLOODPLAIN DEVELOPMENT PERMIT. AND ONCE THEY GO THROUGH THAT PROCESS, WE'LL HAVE A CLEARER MAP OF HOW THEY WILL GO THROUGH THE FLOODPLAIN RECLAMATION PROCESS. UH, TYPICALLY IT ENDS WITH SOMETHING CALLED A LMER, WHICH IS A LETTER OF MAP PROVISION. AND THAT'S WHEN FEMA DECLARES THAT THAT LAND IS NO LONGER IN THE FLOODPLAIN. UH, AND THEN OBVIOUSLY AFTER THEY GET THE CIVILS DONE, UH, A FINAL AND THE, AND THE LOANERS COMPLETED, THE FINAL PLAT COULD BE, UH, APPROVED. UM, TYPICALLY WHEN WE DEAL WITH FLOODPLAIN, UH, WE WILL, WE WILL BRING THE PLAT BEFORE THE FLOODPLAIN IS FINALIZED. UM, AND, AND WE WOULD THEN DO A CONDITIONAL APPROVAL OF A PLAT WHERE THAT FINAL CONDITION IS ESSENTIALLY GET, GET FEMA TO APPROVE THE LMER. UM, AND THAT'S, THAT'S TYPICALLY THE PATH FORWARD FOR SOMETHING LIKE THIS. UM, BEFORE I GIVE MY MOTION, I DO WANT TO MAKE SURE THAT THERE'S ANY QUESTIONS FROM THE COMMISSION. I'M MORE THAN HAPPY TO GO IN, IN DEPTH AND IN WHATEVER AREA YOU'D LIKE. WE'VE PROVIDED A LOT OF INFORMATION IN THAT STAFF REPORT, BUT AT THE, AT THE END OF THE DAY, WHAT STAFF IS RECOMMENDING IS THAT THE COMMISSION MOVES TO, UM, I'M SORRY, THERE'S A TYPE ON THE SCREEN, BUT IT IS MOVED TO DISAPPROVE THE PRELIMINARY PLAT REQUEST, UH, NUMBER P DASH 23 DASH ZERO ONE FOR REASONS SPECIFIED IN ATTACHMENT THREE OF THE STAFF REPORT. AND THEN, UH, SIMILAR TO THE OTHER CASE, DELEGATE TO THE CITY PLANNER AND THE CITY ENGINEER THE AUTHORITY TO APPROVE OR DISAPPROVE THE PLAT IF THE APPLICANT SUBMITS A WRITTEN RESPONSE TO THE COMMISSION'S DISAPPROVAL OF THIS PLAT IN ACCORDANCE WITH STATE LAW. AND I'M AVAILABLE FOR QUESTIONS. THANK YOU, MR. HOWARD. MR. RAMSEY, UM, I DO HAVE A QUESTION. CAN YOU GO BACK TO THE FLOODPLAIN SLIDE THAT HAD RIGHT THERE? UM, CAN YOU EXPLAIN WHERE THE HOMES ARE, ARE REALLY THE ONLY PLACES THAT NEED TO BE RAISED OUT OF THE FLOODPLAIN? THE REST OF THE LOT CAN JUST SLOPE AWAY? UH, GENERALLY, YES. OKAY. SO WHERE, WHERE THE HOMES ARE, UM, THE, OUR FLOOD AS, AS THE STAFF REPORT STATES, THE, TYPICALLY YOU'LL HAVE DRIVEWAYS, THINGS OF THAT NATURE. THERE, THERE ARE THINGS THAT HAVE TO COME UP, BUT ESSENTIALLY, YES, THE BUILD PAD IS, IS, IS WHAT NEEDS TO BE RAISED. AND THEN OBVIOUSLY YOU GOTTA GET THERE. SO, OH, THEY'RE NOT GONNA BASICALLY RAISE THE ENTIRE PROPERTY DOWN TO THE RIVER. THAT'S PROBABLY A QUESTION FOR THE APPLICANTS. I HAVEN'T SEEN THAT KIND OF INFORMATION YET. WE ARE IN THE PRELIMINARY PROCESS, BUT IN MY EXPERIENCE IN THIS, IT IS VERY UNLIKELY THAT THEY WOULD BE DOING MUCH MORE THAN ABSOLUTELY REQUIRED, UH, TO GET, TO GET THIS LAND OUT OF THE FLOODPLAIN. BUT IF, IF YOU'D LIKE A CLEAR EXPLANATION, I'M SURE THE APPLICANT WOULD BE ABLE TO, TO TELL YOU WHAT THEIR FUTURE PLANS ARE WITH THIS. THANK YOU, SIR. THANK YOU, MR. ROSSEY. MR. WALLACE. UM, I HAD A COUPLE OF PROCEDURAL QUESTIONS, BUT I THINK I'M JUST GONNA WAIT UNTIL AFTER THE PUBLIC HEARING. ALRIGHT, THANK YOU MR. WALLACE. MR. ELLISON? YES. SO, UM, ONE QUESTION ON THE SITE AND THEN ONE QUESTION ON YOUR RECOMMENDATION ON THE STAFF RECOMMENDATION. [00:30:01] SO, UM, IT SEEMS LIKE THERE'S ONE OR TWO PLACES RIGHT NOW WHERE THERE'S RUNOFF ONTO THE SITE, RIGHT? IS THAT CORRECT? SO I'M JUST GENERALLY CURIOUS, I KNOW WE'RE NOT KIND OF IN THE DETAILS ON THIS. HOW WILL THAT, HOW DOES THAT GET REMEDIED SO THAT, THAT IS WHAT OUR, OUR CITY ENGINEER IS ASKING. OKAY. SO WHAT USUALLY HAPPENS IS THE, THE DEVELOPER WILL PROVIDE AN EASEMENT THROUGH THE PROPERTY CONVEYING THAT PUBLIC WATER, RIGHT? SO THERE ARE TWO POINTS OF ACCESS RIGHT NOW, OR TWO POINTS OF ENTRY FROM ADJACENT SUBDIVISIONS TO THIS SITE THAT ARE CARRYING PUBLIC WATER. AND SO OUR CITY ENGINEER NEEDS TO MORE CLEARLY UNDERSTAND HOW THAT WATER IS RUNNING THROUGH THE SITE. UHHUH, , IS IT GONNA BE IN A PIPE? IS IT GONNA BE IN A SWELL, UHHUH, , YOU KNOW, WHAT KIND OF INFRASTRUCTURE ARE WE GOING THROUGH JUST TO MAKE SURE, UH, THAT THE, YOU KNOW, THE CITY ACCEPTS THOSE TERMS. AT THE END OF THE DAY WHEN IT'S PUBLIC WATER, THE CITY KIND OF ACCEPTS, UM, THE RESPONSIBILITY TO ENSURE THAT THAT DRAINAGE IS, IS HAPPENING. BUT IT EVENTUALLY THAT'S HELPFUL. BUT IT, AT LEAST LOOKING AT THE MAP MM-HMM . I DON'T, THAT'S NOT NORTH, IS IT UP ON THE MAP IS THAT NORTH, NORTH IS UP. OKAY. , YES. TOP OF THE SCREEN. SO, SO THE IDEA EVENTUALLY BEING, UH, THAT THE RUNOFF WOULD STILL, UH, BE TAKEN UP FLOW TOWARD THE, THE CREEK UP THERE? YES. OKAY. THE IDEA IS TO GET THE WATER FROM THOSE SUBDIVISIONS THROUGH THIS SUBDIVISION YEAH. TO THE CREEK. OKAY. UNDERSTOOD. YES. OKAY. THANK YOU. AND THEN CAN YOU GO JUST TO YOUR RECOMMENDATION SLIDE? UM, THE SECOND PART THERE? YES. SO UNDERSTANDING LOOKS LIKE THERE'S SOME THINGS ON THE PRELIMINARY PLAT THAT NEED TO BE RESOLVED FIRST. UH, AND WITHIN THIS 30 DAY PERIOD OF STATE LAWS, NOT TIME TO DO THAT. UM, IS THERE A TIMEFRAME ON NUMBER TWO IN TERMS OF HOW LONG THE APPLICANT WOULD, WOULD HAVE TO, UH, HAVE YOU AND THE ENGINEER APPROVE? OR IS THAT THERE'S NO TIMEFRAME ON THAT? SO THERE IS A TIMEFRAME FROM WHEN THEY SUBMIT TO US, UM, DEPENDING ON, ON HOW THIS WORKS, WE'LL DEPEND ON WHEN WE, WHEN WE LET THEM SUBMIT TO US. SO IF IT COMES BACK TO THE COMMISSION, THEN THEY HAVE TO SUBMIT, UH, ABOUT 14 DAYS PRIOR TO THAT COMMISSION DAY. WE WON'T ACCEPT IT ANY, ANY SOONER. WE WON'T ACCEPT IT ANY LATER. IT'S GOTTA BE THAT 14 DAYS BECAUSE STATE LAW REQUIRES ONCE WE ACCEPT IT, THAT WE HAVE 15 DAYS THEN TO APPROVE OR, OR DISAPPROVE ON THE SECOND TIME BACK ON, ON THE SECOND TIME BACK. OKAY. UM, THERE IS NO RE THERE, THERE IS NO TIME LIMIT PLACED ON THE APPLICANT TO RESUBMIT. OKAY. THAT WAS MY QUESTION. UM, THERE ARE PROVISIONS ALREADY IN STATE LAW WHERE IF A PROJECT DIES FOR A PERIOD OF TWO YEARS AND, AND NOTHING HAPPENS, THEN IT AUTOMATICALLY WILL BE EXPIRED. UM, BUT AS LONG AS THEY'RE PUSHING FORWARD, THERE'S, THERE'S NO TIME. OKAY. THAT MAKES SENSE. SO IF THE APPLICANT COMES BACK TO YOU AND THE CITY ENGINEER BASED ON THIS DELEGATED AUTHORITY HERE, ARE YOU UNDER THAT 15 DAY, UH, OR IS THAT ONLY IF IT COMES BACK TO THE FULL COMMISSION? THAT WILL STILL BE UNDER, WE, WE ARE STILL UNDER THE 15 DAYS. SO YOU'D STILL HAVE TO WORK WITHIN THAT 15 DAY. OKAY. THAT'S CORRECT. THANK YOU. THANK YOU MICHELLE. MR. WALLACE, JUST WANNA MAKE SURE I WAS FOLLOWING, ARE WE TALKING ABOUT THE WRITTEN RESPONSE? YES. OKAY. BECAUSE THAT WASN'T CLEAR IN Y'ALL'S DISCUSSION. SO THE WRITTEN, IF THEY, ONCE THEY GIVE US A WRITTEN RESPONSE, IT NEEDS TO BE 14 DAYS BEFORE THE NEXT MEETING TO BE TIMELY FOR THAT, CORRECT? CORRECT. OKAY. CORRECT. AND WHILE I'M, UH, I'LL GO AHEAD AND ASK IT. UM, AND I GUESS I CAN CLARIFY ON OUR WEBSITE, WE HAVE A SUBMITTAL CALENDAR. AND ON THAT CALENDAR IT'S GOT TWO SUBMITTAL DATES PER MONTH. ONE IS THE FIRST TIME A PLAT COMES THROUGH, AND THE SECOND ONE IS WHEN A WRITTEN RESPONSE COMES THROUGH FOR THAT PLAT. GOTCHA. PERFECT. AND THEN, UM, WHEN YOU SAY THEY HAVE A WRITTEN RESPONSE, THEY, WE DON'T JUST TAKE THEIR WORD FOR IT AND APPROVE IT. YOU AS A CITY PLANNER AND OUR CITY ENGINEERS STILL HAVE TO SAY, YES, WE BELIEVE THIS MEETS OUR STANDARDS. SO THE, IF YOU DIS THEN AT THAT POINT, IF YOU GET INTO A DISAGREEMENT, THERE ARE OPTIONS TO GO TO DISTRICT COURT. CORRECT? I THINK THE, FOR A PRELIMINARY PLAT, THE FIRST APPEAL WOULD GO TO, UH, CITY COUNCIL. CITY COUNCIL. OKAY. AND THEN, UH, THERE ARE REMEDIES. I, I CAN'T RECALL OFF THE TOP OF MY HEAD. TYPICALLY YOU DO SEE IT GO TO DISTRICT COURT, BUT THIS IS A VERY, I THINK THEY CAN, THIS IS A NEWER LAW. SURE. THERE ARE REMEDIES WHERE THE APPLICANTS HAVE THE RIGHT UNDER THIS NEW LAW YEAH. TO TAKE IT TO SOMEONE. AND IT COULD BE THE ATTORNEY'S GENERAL'S OFFICE, BUT, GOTCHA. I'D HAVE TO LOOK BACK THAT. WELL, I WAS JUST, YEAH, I WANTED TO MAKE SURE WE WERE CLEAR THAT [00:35:01] Y'ALL STILL HAVE TO, IF THEY STILL HAVE TO MEET WHAT IT SAYS. OKAY. AND OBVIOUSLY, AND YES, SO THE WRITTEN RESPONSE ISN'T JUST, IT HAS TO BE IN WRITING, EXPLAINING HOW THEY REMEDY IT, AND THEN THEY WILL PROVIDE US THE DOCUMENTATION PROOF OF THE, THE REMEDY. OKAY. THANK YOU. AND THAT, THAT IS ALL. AND THAT'S WHY WE USE THE IN ACCORDANCE WITH STATE LAW. THAT'S ALL OUTLINED IN STATE LAW. THANKS. THANK YOU MR. WALLACE. ANYONE ELSE FROM THE COMMISSION HAVE ANY QUESTIONS OR COMMENTS? MR. FERRA IS A REPEAT. SO TO CLEAR OUT WHAT YOU JUST SAID, FOR ME, I'M A LITTLE BIT BEHIND THEY TO GO WITH, UH, WHAT COMMISSIONER WALLACE SAID. NOT ONLY DO THEY HAVE TO HAVE A WRITTEN RESPONSE, BUT THEY HAVE TO BRING THE EVIDENCE THAT THEY MET ALL THE CONDITIONS IN THE RESPONSE IS WHAT YOU JUST SAID. WELL, THAT, THAT IS CORRECT. UM, AND THE WAY OUR REASONS FOR DISAPPROVAL ARE WRITTEN, MOST OF THEM, THE ONLY WAY TO PROVE IT IS, IS TO FIX, TO PROVIDE THAT EVIDENCE. IS TO FIX IT. CORRECT. UNDER UNDERSTOOD. THANK YOU. YES. THANK YOU MR. FERR. ANYONE ELSE FROM THE COMMISSION? THANK YOU MR. HOWARD. I'LL GO AHEAD AT THIS TIME, OPEN IT UP TO THE PUBLIC. SO IF THERE'S ANYONE INTERESTED IN HAVING ANY QUESTIONS OR COMMENTS, UM, PLEASE, UH, STEP UP TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. YOU'LL HAVE TO FORGIVE ME. I, MY NAME'S TROY HOLDER. I LIVE AT 89 66 RANCH BLUFF, WHICH IS JUST SOUTH OF THAT RED AREA YOU JUST OBSERVED THERE. OKAY. SO I'M, SO I HAVE A HEARING DIFFICULTY, SO IF I'M REPEATING THINGS YOU'VE ALREADY ADDRESSED, FORGIVE ME. I GUESS MY PRIMARY CONCERN WAS WHEN WE BUILT A HOME THERE IN 2000, WE WERE TOLD THAT WAS IN A FLOODPLAIN, IT WOULD NEVER BE DEVELOPED 'CAUSE IT COULD NEVER MEET FEMA REQUIREMENTS. SO OBVIOUSLY THINGS CHANGE. I GUESS WHAT I'M LOOKING FOR IS, UM, HOPEFULLY YOU FOLKS ARE REPRESENTING OUR INTEREST THAT ANY KIND OF FLOOD MITIGATION EFFORTS ARE GONNA BE UNDERTAKEN BEFORE THEY WOULD GIVE, BE GIVEN APPROVAL TO DEVELOP THIS AREA. SO, AM I CORRECT IN ASSUMING THAT YOU'RE, THAT'S PART OF YOUR RESPONSIBILITY IN THE CITY PLANNER TO MAKE SURE THAT ALL THINGS ARE IN ORDER SO THAT THERE WOULDN'T BE ANY NEGATIVE IMPACTS ON SURROUNDING HOMEOWNERS FROM RUNOFF OF ANY DEVELOPMENT THAT OCCURS THERE? SO I'M SEEING SOME KNOWLEDGE AND SOME PUZZLE LOOK, YES. AND IF I MAY HAVE MR. HOWARD ADDRESS THIS, UM, BUT THERE IS A PROCESS. YES. OKAY. SO WHAT I HEARD YOU DID NOT GIVE APPROVAL TONIGHT. THEY, THE DEVELOPER'S GONNA SUBMIT A SUPPLEMENTAL INFORMATION TO YOU. OKAY. THAT IS CORRECT. OKAY. THAT IS CORRECT. SO THAT WILL BE PART OF THE OVERALL REVIEW AS LOOKING AT ALL OF THE, THE DESIGN CONDITIONS THAT HAVE TO BE MET TO ENSURE THAT THERE AREN'T ANY NEGATIVE IMPACTS ON SURROUNDING HOMEOWNERS. THAT'S PART OF THE PROCESS. THAT IS CORRECT. THEN MR. HOWARD, IF YOU MAY PLEASE YES, THANK YOU, MR. CHAIR. SO I, I FLIPPED BACK TO THE PATH FORWARD SLIDE THAT I HAD. UH, RIGHT NOW WE'RE AT THE VERY TOP, THAT PRELIMINARY PLOT, SO VERY LITTLE. I MEAN, I'LL SAY LITTLE, THE ENGINEER WILL DISAGREE ME. A LOT OF ENGINEERING HAS HAPPENED, BUT VERY LITTLE IN CONTEXT OF WHAT WE'RE LOOKING AT HAS HAPPENED AS FAR AS KNOWING EXACTLY HOW THIS AFFECTS EVERYBODY. YEAH. UH, AS FAR AS THE CITY IS CONCERNED. OKAY. UM, THEY WILL BE SUBMITTING FULL PLANS, FULL CIVIL PLANS THAT WE'LL HAVE TO MEET OUR ORDINANCES, YOU KNOW, 100% PART OF THAT PROCESS IS GOING THROUGH THE FLOODPLAIN DEVELOPMENT PERMIT PROCESS. IN ORDER FOR THEM TO EVEN HAVE THIS HAPPEN, THEY DO HAVE TO HAVE ABSOLUTE ASSURANCE THAT IT IS NOT GOING TO NEGATIVELY IMPACT ANYBODY UPSTREAM, DOWNSTREAM, ANYBODY AROUND. THEY CAN'T PUSH WATER ON SOMEBODY THAT'S NOT ALREADY EXISTING. YOU KNOW, IF YOU HAVE A LITTLE RAIN FLOWING OFF ON THE LAND RIGHT NOW, THAT SAME LITTLE RAIN IS WHAT YOU'LL HAVE AFTER IT'S DONE. SO THE, MY UNDERSTANDING IS YOU HAVE, THERE IS A FEMA PROCESS YOU GO THROUGH THAT HAS NOT BEEN APPROVED YET. THAT HAS NOT EVEN BEEN APPLIED FOR YET. OKAY. OKAY. I UNDERSTAND. THANK YOU VERY MUCH. THANK YOU, MR. HOLDER. ANYONE ELSE, PLEASE COME TO THE PODIUM. STATE YOUR NAME AND ADDRESS FOR THE RECORD. THANK YOU. I'M SHARON BRACY. I LIVE AT 48 0 5 JORDAN TRAIL. BACKING UP DIRECTLY TO THE SECOND LITTLE SQUARE ON YOUR, ON YOUR, UH, LOT THERE. AND I'VE GOT SEVERAL QUESTIONS. NUMBER ONE, WHERE IS GOING TO BE THE ACCESS FOR THESE HOUSES? HOW ARE THESE PEOPLE GONNA GET TO THE HOUSE? YOU MENTIONED THERE'S NO STREETS THAT ARE BEING APPLIED FOR, BUT SOMEONE YOU CAN'T JUST, YOU GOTTA GET, THEY GOTTA GET TO THEIR HOUSE. MR. HOWARD. WELL, THERE'S AN EXISTING STREET LOCK IN, UH, THE CORTE LANE AND, AND RIDGLEY ORLEY TRAIL. AM I CORRECT ON THAT OTHER ONE? IT'S, IT'S, WELL THERE'S THE CUL-DE-SAC, BUT THEY HAVE THAT, THAT KNUCKLE. CORRECT. [00:40:01] SO ALL THOSE LOTS FRONT AND EXISTING STREET, THEY'LL BE RECEIVING ACCESS FROM THAT EXISTING STREET. WHICH STREET CAN YOU POINT TO IT, SIR? SO THIS, THIS IS A, THAT'S THE CUL-DE-SAC RIGHT THERE. MM-HMM . THIS IS THE STREET. THIS IS A LOT. THEY'LL GET A DRIVEWAY OFF THIS LOT. THIS IS A LOT. THEY'LL GET A DRIVEWAY. THIS IS A LOT. THEY'LL GET A DRIVEWAY. THIS IS A LOT. THEY'LL HAVE A DRIVEWAY. THIS IS A LOT. THEY'LL HAVE A DRIVEWAY. OKAY, I'LL OFF THE DRIVEWAY. SO BOTH OF THOSE TWO DRIVEWAYS FOR THE FOURTH AND THE FIFTH LOT GO DIRECTLY TH THROUGH THE ONLY REMAINING TREES THAT WE HAVE IN THAT AREA. AND THERE'S ALREADY BEEN A MASSIVE AMOUNT OF CLEAR OUT THERE. DONE IN A FAIRLY, UM, I WOULD SAY NOT PARTICULARLY RESPECTFUL OF THE LAND PROCESS ALREADY, BUT THOSE TWO WILL GO STRAIGHT THROUGH THAT AND WILL BACK UP THOSE TWO STREETS WOULD BACK UP, OR DRIVEWAYS WOULD BACK UP DIRECTLY TO THE EXISTING TEAM RANCH HOMES WITHOUT ANY BUFFER, WITHOUT ANY GREEN SPACE OR ANYTHING. AM I UNDERSTANDING HOW THAT'S LAID OUT? UH, SO THIS, THIS MAP THAT YOU'RE SEEING, IT'S PROBABLY A LITTLE DISINGENUOUS TO WHAT'S ACTUALLY ON THE GROUND. UM, THOSE ARE 70 FEET WIDE LOTS. SO A DRIVEWAY, IF IT'S A SINGLE DRIVEWAY IS TYPICALLY 12 FEET. SO 12 FEET OF THAT 70 FEET WOULD HAVE A DRIVEWAY ON IT. UM, SO MY, I'M TALKING ABOUT THE TWO DRIVEWAYS THAT RUN INTO THOSE FIRST TWO DRIVEWAYS. YES. THOSE ARE 70 FEET WIDE EACH. RIGHT. AND THERE IS SUPPOSEDLY A 25 FOOT EASEMENT, UTILITY EASEMENT WHERE THE BEN, WHERE THE BENBROOK SEWER RUNS THROUGH OUT OF THAT 70 FEET. CORRECT. AND THE, THE DRIVEWAYS WOULD BE ON TOP OF THAT IF THEY GET PERMISSION? YES. OR THEY'D BE ON THE OTHER SIDE OF THE 30 FEET, WHICH PUTS BOTH OF THOSE DRIVEWAYS DIRECTLY BEHIND MY HOUSE AND GOES THROUGH THE TREES BECAUSE THE TREES START 25 FEET BEHIND. SO THAT SECOND DRIVEWAY WILL BE YEAH. IF THE TREES ARE LOCATED ON THIS PROPERTY. MM-HMM . WE HAVE TREE REGULATIONS. THE, THE OWNERS ARE ALLOWED TO CUT DOWN TREES AS LONG AS THEY MEET OUR REGULATIONS. OKAY. SO, SO WE DO RUN THE RISK OF, OF LOSING ALL THOSE TREES, WHICH IS THE ONLY TREES OUT THERE. I I HAVEN'T SEEN THE TREE PLAN 'CAUSE THEY HAVEN'T SUBMITTED THE FULL. SO I, I COULDN'T SAY THAT THAT THAT'S A YES AND I COULDN'T SAY A NO AT THIS TIME. OKAY. UH, I HAVE ANOTHER QUESTION. THE ZONING THAT YOU MENTIONED IN THE LETTER WAS A B AND IT WAS ALSO ON YOUR SLIDE, WHICH IS MUCH SMALLER LOT THAN WHAT'S BEING PROPOSED. SO THE ZONING DOESN'T MATCH WHAT'S BEING PROPOSED. DOES THAT HAVE TO BE CHANGED? DOES THAT OPEN IT UP FOR THEM TO BE ALLOWED TO PUT LOTS OF TEENY HOUSES ON AFTER ALL THE ZONING MATCHES? THOSE ARE MINIMUM SIZE REQUIREMENTS, NOT MAXIMUM SIZE. SO THE MINIMUM LOT SIZE IS AN 8,400 SQUARE FOOT. THERE'S NO MAXIMUM, WHICH MEANS YOU COULD PUT MANY, MANY, MANY MORE HOUSES ON HERE IF YOU FOLLOWED ALL OTHER REGULATIONS THAT THE CITY HAS. UM, WE, WE REQUIRE ALL LOTS TO FRONT THAT 70 FEET ONTO AN EXISTING STREET OR A PROPOSED STREET. SO UNLESS THEY WERE PREPARING TO DO A LOT MORE WORK IN THE FLOODPLAIN THAN I THINK THEY'RE PREPARING FOR, IT IS, IT IS UNLIKELY YOU'D SEE THAT MANY. AND THERE ARE HOA DEED RESTRICTIONS RESTRICTING HOW MANY HOMES THEY COULD BUILD. SO RAISING THE FLOODPLAIN FOR THAT THIRD HOUSE WOULD PROBABLY DRAMATICALLY AFFECT THE TREES THAT ARE IN THAT GENERAL VICINITY. 'CAUSE YOU'D END UP COVERING UP THEIR ROOTS WITH LOTS OF, LOTS OF DIRT, WHICH OF COURSE WILL KILL THEM. SO YOU CAN SEE HOW THE LITTLE TREE FETISH, BUT I, I MEAN, I THINK TREES ARE VITAL TO THE LOOK AND FEEL OF ANY RESIDENT AREA, RESIDENTIAL AREA. AND I THINK WHEN WE GO IN AND DESTROY THEM, I, I THINK IT'S NOT HEALTHY FOR THE ENVIRONMENT OR FOR THE COMMUNITY. IT, UH, AND IT'S CERTAINLY DISRE DISRESPECTFUL OF THE ENVIRONMENT IN GENERAL. SO I GUESS THAT'S MY, MY MAIN, UH, MAIN COMMENTS THERE. YOU'VE ALREADY ADDRESSED THAT IF THEY, IF WE ARE GOING TO ADD MORE SLAB TO THESE AREAS, THAT THEIR PLAN MUST ACCOMMODATE THE INCREASED RUNOFF. IS THAT CORRECT? THAT IS ABSOLUTELY CORRECT. AND I'M ASSUMING THAT ALSO MEANS INCREASED RUNOFF INTO MARY'S CREEK, WHICH THEN OF COURSE WILL CHANGE THE FLOODPLAIN LEVEL FOR MARY'S CREEK BECAUSE IT WILL, IT WILL HAVE MORE, MORE WATER COMING INTO IT. THAT'S, THAT'S WHAT THE FLOODPLAIN STUDY IS FOR. SO Y'ALL ARE TAKING CARE, THEY WON'T BE ABLE TO, YOU'RE TAKING CARE OF THAT PROCESS. CORRECT. OKAY. I THINK THAT'S ALL MY QUESTIONS AND MY COMMENTS ARE, I'M, I'M NOT HAPPY WITH THOSE. THE, THE, THERE NOT BEING ANY BUFFER BETWEEN, UH, TEAM RANCH AND THESE NEW LA AND TERRA AREAS. THERE'S NO BUFFER AT [00:45:01] ALL. SO THANK YOU. THANK YOU. MS. BRACY. IS THERE ANYONE ELSE? PLEASE STEP UP TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS BETH GILPEN. I'M AT 4 4 0 8 MARY'S CREEK DRIVE. SO FOR ME, THIS DEVELOPMENT IS SOUTH OF WHERE I LIVE, BUT I'M RIGHT ON THE CREEK. I SEE ALL OF THE, UH, THE WOODS OR MY BACKYARD. OKAY. UM, THERE IS ORIGINALLY, UH, WE DID A CLEARING, I GUESS ON THE LAST DEVELOPMENT THAT HAPPENED AND IT'S, IT'S GOING TO HAPPEN. WE SAW IT, IT, IT GOT MOVED FURTHER NORTH. IS THAT CORRECT? UM, FROM WHAT, WHERE IT WAS ORIGINALLY SUPPOSED TO BE? YEAH, WE CAN SEE THE CLEARING FROM OUR HOUSES. OKAY. AND, UM, WHICH MEANS THAT WE WILL SEE, YOU KNOW, A TREMENDOUS AMOUNT OF BUILDING THERE. MY QUESTION IS, IS HOW MUCH GREEN SPACE DO YOU PLAN ON LIVE? UM, ELIMINATING, WHEN I SAY GREEN SPACE, I MEAN WOODS. ARE YOU JUST GOING TO CLEAR IT OUT? SO THEY HAVE A BIG RANCH STYLE AND THEY HAVE A BEAUTIFUL LAWN AND THEN CLEAR OUT ALL OF THE TREES. DO THE TREES IN THE GREEN SPACE ITSELF GET TO STAY THERE? I KNOW THAT THERE'S A, UM, YOU KNOW, SOME TREE REGULATIONS. MR. HOWARD, YOU WERE SAYING. UM, WHAT ABOUT THE GREEN SPACE ITSELF AND THAT, THAT DIRECTLY AFFECTS ME 'CAUSE IT'S MY, MY ENTIRE BACKYARD? HMM. I CAN, I CAN HAVE, UH, YOU KNOW, ONCE UH, EVERYBODY'S GOT AN OPPORTUNITY TO, TO UM, MAKE THEIR COMMENTS, QUESTIONS, I CAN ASK THE, UH, UH, APPLICANT TO COME BACK UP HERE AND, AND MAYBE ADDRESS, UH, THAT CONCERN OF YOURS. OKAY. UM, THANK YOU. UM, THE, THE ONE THING THAT I DO WANT TO SAY, JUST FROM THE CLEARING THAT WE'VE SEEN SO FAR, UM, FROM OUR PERSPECTIVE, AND THAT'S EVERYBODY THAT LIVES, YOU KNOW, BACKED UP TO THE, UH, THE WOOD WOODED AREA. WE HAVE SEEN A TREMENDOUS IMPACT OF THE WILDLIFE WHEN, YOU KNOW, THINGS THAT YOU MAY NOT BE AWARE OF, BUT THEY HAVE BEEN, YOU KNOW, MOVING, MIGRATED, YOU KNOW, DISRUPTED. YOU KNOW, THE COYOTES ARE VERY DISRUPTED. I SAW A WOLF THE OTHER DAY, I'VE NEVER SEEN A WOLF THERE. HE'S DISPLEASED. OKAY. HOW MUCH MORE OF THAT ARE WE GONNA HAVE? AND THAT COULD BE A, YOU KNOW, POTENTIALLY, YOU KNOW, OF COURSE IT'S A SHAME OF THE WILDLIFE, BUT THAT COULD POTENTIALLY BE A BIG PROBLEM WITH, UH, PEOPLE THAT LIVE IN THE AREA. HOW IS THAT GOING? YOU KNOW, WHERE IS AN ATTACK GONNA HAPPEN? THEY'VE SEEN IT IN DALLAS. IT HAS BEEN DOCUMENTED ROGUE COYOTES BEING DISPLACED, ATTACKING CHILDREN AND KILLING THEM. IT'S NO JOKE. AND YOU CAN LOOK THAT UP FOR THE RECORD. IT'S SOMETHING TO CONSIDER. AND I, AND I HOPE THAT YOU WOULD, UM, BECAUSE YOU KNOW, WE ALL IN THIS AREA CHERISH THAT GREEN SPACE. WE CHERISH THOSE WOODS, WE CHERISH THAT WILDLIFE. AND TO SEE IT JUST FOR THE SAKE OF MONEY JUST RIPPED UP, YOU KNOW, IT'S ONE OF THE LAST LITTLE SECTIONS OF LAND. IT WOULD BE A DAMN SHAME. THANK YOU. THANK YOU MS. GOIN. IS THERE ANYONE ELSE THAT HAS ANY COMMENTS OR QUESTIONS? I HAVE A QUESTION. DO YOU MIND COMING UP TO THE PODIUM? STATE YOUR NAME. UH, DO WE, CAN WE HAVE A MICROPHONE? IT MIGHT NOT BE NECESSARY. HOLD ON ONE SECOND. COMMENTS THAT THE LAST TWO PEOPLE DID. WELL, WE'LL, WE'LL TRY THIS WAY. GO AHEAD. GO AHEAD. WHAT'S YOUR NAME? IT'S KIND OF A DUPLICATE ROOF HOLDER. OKAY. I LIVE AT 8 9 6 6 RANCH BLUFF COURT. OKAY. AND I HAVE THE SAME THOUGHTS ON THE TREES AND ON THE WILDLIFE. WE'VE ALREADY SEEN ALL THE WILDLIFE DISPLACED AND GONE AND, AND OUR LOT BACKS UP RIGHT AGAINST THE WOODS. AND THAT'S REALLY A SHAME TO DESTROY ALL THAT WOODS LUNCHES SAID. FOR THE SAKE OF MONEY. THAT'S ALL I CAN SAY. THANK YOU MS. HOLMES. IS THERE ANYONE ELSE THAT HAS ANY COMMENTS OR QUESTIONS FROM THE PUBLIC? PLEASE COME AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. [00:50:01] MY NAME IS JOE ANDREWS. I'M AT 8 4 5 7 MARYS CREEK DRIVE. UH, FIRST QUESTION IS, IS THERE A WAY TO GET A COPY OF THIS PRESENTATION FOR OURSELVES SO WE CAN GET A BETTER LOOK WHEN WE GO HOME? NUMBER TWO. UM, SINCE THIS IS PRELIMINARY, IS THERE GONNA BE ANOTHER PUBLIC HEARING ON THIS AS, AS DETAILS PROGRESSED? I THINK IT'S GOING TO DEPEND. GO, GO AHEAD MR. HOWARD. SO THE FIRST TO YOUR FIRST QUESTION, YES, THIS IS, UH, ONLINE AT OUR CITY WEBSITE. WEBSITE. OKAY. YOU CAN VIEW THE RECORDING OF TONIGHT. IT'S BEING RECORDED ON THESE CAMERAS AND YOU CAN REVIEW THAT AS WELL AS ON THE AGENDA ITSELF. THERE IS A PACKET OF THE STAFF REPORT AND IT'LL HAVE ALL THESE CHARTS, THE MAP, AND IT HAS EVERYTHING YOU CHOOSE IN THE MAP. WELL, I COLORED IN THE CHARTS MYSELF FOR THE FLOOD PLAIN MAPS, BUT IN, IN THE STAFF REPORT THERE IS A MAP OF THE FLOODPLAIN ITSELF. WELL, I'M FAMILIAR WITH THE FLOOD FLOODPLAIN 'CAUSE I LIVE ON THE OTHER SIDE OPPOSITE OF THESE GUYS ON MARY'S CREEK SIDE. SO, UM, JUST HAVE SOME CONCERNS AND, BUT I'D LIKE TO SEE IT IN MORE DETAIL ACTUALLY. THAT'S WHY I REQUESTED IT. WELL, FOR YOUR SECOND QUESTION, WILL THERE BE YES. SO THE FINAL PLAT STILL WOULD HAVE TO BE APPROVED. UM, AND THAT COMES BACK BEFORE THIS BODY. OKAY. OKAY. ALL RIGHT. THAT, THAT'S ALL I HAD. THANKS. THANK YOU MRS. IS THERE ANYONE ELSE THAT HAS ANY COMMENTS OR QUESTIONS? SURE, PLEASE COME TO THE PODIUM. I DON'T NEED THE MICROPHONE. I ALSO LIVE AT EIGHT FOUR FIVE SEVEN MARYS CREEK DRIVE. AND WHAT'S YOUR NAME? AUDRA ANDREWS. OKAY, THANK YOU. UM, I UNDERSTOOD YOU TO SAY WHEN YOU BEGAN THE FIRST MOTION THAT THIS CAME BEFORE THE COMMISSION TONIGHT, UM, WITH THE CITY RECOMMENDATION TO APPROVE OR DISAPPROVE. UM, BUT THE NEXT TIME IT COMES AROUND THAT IT MUST BE APPROVED. AM I CORRECT IN RESTATING THAT YOU'RE ALMOST THERE? IT IS. IF THEY SUBMIT NEW PLANS, UPDATED PLANS THAT CORRECT ALL THE INFORMATION THAT WE'RE ASKING FOR, IF THEY CAN PROVE THAT IT'S ALL CORRECT AND ALL THE INFORMATION IS THERE ON THE PRELIMINARY PLAT, THEN THE CITY HAS TO APPROVE. SO THE THE, THERE'S A DIFFERENCE BETWEEN LEGISLATIVE ACTION AND MINISTERIAL ACTION. SO A PLA IS SOMETHING THAT WE REFER TO AS MINISTERIAL OR ADMINISTRATIVE. WHERE THERE, IT'S, IT'S A CHECKLIST OF ITEMS. AS LONG AS THEY MEET THE CHECKLIST OF ITEMS, IT GETS APPROVED. THERE'S NO DISCRETION WHERE A LEGISLATIVE ITEM LIKE REZONING THAT HAS, UH, OBVIOUSLY YOUR LEGISLATURE, LEGISLATORS OF THE CITY ARE INVOLVED IN THAT AND THEY HAVE A LITTLE MORE DISCRETION OVER HOW THINGS GET ZONED AND, AND THINGS OF THAT MATTER. SO IN THIS CASE, BECAUSE THE ZONING EXISTS, IF THEY CAN SHOW THAT THEY MEET THE MINIMUM REQUIREMENTS OF THE CITY, UH, THE CITY HAS NO CHOICE BUT TO APPROVE IF, IF THAT HAPPENS. SO YOU BASICALLY PROVIDE THEM WITH A CHECKLIST, UH, ESSENTIALLY. AND IF THEY CAN JIG IT OFF, I'M SURE THE ENGINEER WILL SAY IT'S A LOT MORE DIFFICULT THAN THAT, BUT YES. RIGHT, RIGHT. YES. OKAY. UM, I JUST WANTED TO CLARIFY THAT BECAUSE IT, IT KIND OF STARTLED ME THAT IF IT COMES BACK THROUGH AGAIN, IT HAS TO BE APPROVED, BUT NOT NECESSARILY ONLY IF EVERYTHING IS MET. THAT IS CORRECT. THE NEXT QUESTION, UM, REGARDING MR. WALLACE'S COMMENTS ABOUT THE FLOODPLAIN, UM, YOUR RESPONSE, I THOUGHT I UNDERSTOOD WAS THAT THE LOTS, THE, I MEAN THE HOUSE, THE HOMES THEMSELVES, UM, FOR LACK OF BETTER WORDING, UM, THE HOMES THEMSELVES WOULD HAVE TO BE RAISED FOR THE FLOODING, BUT NOT NECESSARILY THE ENTIRE LOT. NOW MY UNDERSTANDING IS OWNING A HOME, UM, PAYING THAT FLOOD INSURANCE IS, THAT'S THAT WHOLE LOT. IT'S NOT JUST THAT HOUSE SITTING THERE, IT'S THAT WHOLE LOT. UH, THAT PUTS US IN A FLOODPLAIN. AM I NOT CORRECT? SO LET ME, LET ME TRY TO EXPLAIN IT THIS WAY AND THIS MAY CLARIFY IT AND LET ME KNOW IF, IF THIS ISN'T RIGHT. YOUR TYPICAL LOT IN A, IN A, IN A, IN A B ZONING, YOU'RE 8,400 SQUARE FOOT. AND IF I CAN POINT, LET ME JUST SHOW YOU WHAT 8,400 SQUARE FOOT MAY LOOK JUST ROUGHLY AT. LIKE, [00:55:03] SO JUST THAT LITTLE AREA THAT'S PROBABLY IN CONTEXT, WHAT 8,400 SQUARE FOOT LOOKS LIKE. SO THESE ARE RATHER LARGE LOTS. I THINK IT SPANS BETWEEN 10 AND FIVE ACRES. I THINK THE FIVE ACRE ONES AT THE SOUTH AND THEN THE, THE BIGGEST ONES OVER ON THE WEST SIDE. UM, IN, IN MY EXPERIENCE WITH DEVELOPERS AND ENGINEERS, THEY, THEY DON'T WANNA MOVE A LOT OF DIRT. THEY DON'T WANT TO CUT DOWN A LOT OF TREES UNLESS THEY HAVE TO. AND SO TO SAVE MONEY, YOU'RE, YOU'RE ABSOLUTELY GONNA DO AS LITTLE DIRT WORK AS POSSIBLE AND DISTURB AS LITTLE AS POSSIBLE TO GET THE JOB DONE. UM, OTHERWISE YEAH, IT COULD BE UNWIELDY. SO IN, IN A CASE LIKE THIS, I WOULDN'T AN ANTICIPATE THAT THE WHOLE LOT GETS MASQUERADED. UM, I DON'T HAVE THOSE FINAL PLANS YET. UH, THEIR PRELIMINARY PLANS AREN'T SHOWING THAT THEY'RE PLANNING ON DOING THAT. UM, AND I'M SURE THE APPLICANT AFTER, AFTER EVERYBODY'S HAD A CHANCE TO SPEAK, CAN PROBABLY COME UP AND EXPLAIN A LITTLE MORE OF WHAT THEIR PLANS ARE. OKAY. UM, AND I THINK THE OTHER QUESTION WAS ADDRESSED. WAS THERE GONNA BE ANOTHER PUBLIC HEARING? YOU SAID IT WOULD COME BACK BEFORE THE COMMISSION. UM, WILL YOU BE SENDING OUT A PUBLIC HEARING NOTICE AT THAT TIME? UH, WE, WE SEND OUT NOTICES IN ACCORDANCE WITH STATE LAW, UM, WHEN THEY'RE, WHEN THEY'RE, UH, NEEDED. UM, IN THIS CASE IT IS A RESIDENTIAL REPL. IF THIS WASN'T A RESIDENTIAL REPL, NO NOTICE WOULD HAVE TO BE SENT. SO I JUST IN CASE ANYTHING HAPPENS ANYWHERE ELSE, THE CITY I, I WANNA MAKE SURE THERE, THERE ARE CERTAIN CIRCUMSTANCES THAT REQUIRE NOTICES AND SOME THAT DON'T. IN THIS CASE, UM, A RESIDENTIAL REPL CAN BE APPROVED AT A MEETING WITHOUT A PUBLIC HEARING IF WE SEND NOTICES AFTER. AND THAT IS FROM STATE LAW, STATE LAW. AFTER IT HAPPENS IN THIS CASE, OBVIOUSLY WE'LL BE SENDING NOTICES OUT. UM, 'CAUSE IF WE'RE COMING BACK TO THIS COMMISSION ANYWAY, WE MAY AS WELL HAVE A PUBLIC HEARING. UH, THERE'S, THERE'S, AND PROBABLY SAVE SOME STAMP MONEY FROM US SENDING OUT SOME, SOME ENVELOPES FOR THE AFTER THE, UH, AFTER THE MEETING HAPPENS. SO WE WILL SEND IN ACCORDANCE WITH STATE LAW WHAT IS REQUIRED FOR A RESIDENTIAL REPL. AND IN RESPONSE TO THAT, MY LAST QUESTION IS, UM, HOW DID YOU CHOOSE AND WHO DID YOU SEND THE PUBLIC HEARING NOTICE TO FOR PRELIMINARY PLATS? UM, THROUGHOUT ALL THE CITY, UH, OUR CODE REQUIRES IT WITHIN 200 FEET OF THE PROPERTY. THANK YOU. THANK YOU. MS. ANDREWS AND MR. HOWARD, UH, IS JUST, UH, FOR THE BENEFIT OF THE AUDIENCE, UH, HAS IT, UH, NOT BEEN THE PRACTICE OF, OF, UM, THIS COMMISSION AND, AND CITY, UH, CITY COUNCIL AS WELL, TO GO BEYOND SOME OF THOSE LIMITATIONS ON WHO GETS NOTIFIED JUST TO GIVE, UH, THE BENEFIT TO THOSE OTHER PEOPLE THAT MAY NOT NECESSARILY BE TECHNICALLY WITHIN THE MINIMUM REQUIREMENT OF THE DISTANCE? UM, I, I'M NOT, SINCE I'VE, SINCE I'VE BEEN HERE, WE'VE DONE WHAT STATE LAW REQUIRES. UM, I'M HESITANT TO, TO DO MORE THAN WHAT THE LAW REQUIRES. I'VE SEEN OTHER CITIES GET SUED OVER SUCH THINGS, AND I, I DON'T WANNA BE A PART OF THAT TYPE OF LAWSUIT. SO AS WHILE I'M HERE, WE'LL, WE'LL DEFINITELY JUST BE DOING WHAT THE LAW SAYS. UM, SOMETIMES WHEN YOU OVER NOTIFY, CITIES HAVE LOST BECAUSE THEY STATE YOU ARE SEARCHING FOR OPPOSITION RATHER THAN WHAT'S, WHAT'S REQUIRED. THANK YOU FOR THAT INFORMATION. SO THERE IS, BUT HAVING SAID THAT, WE DO POST OUR AGENDAS ONLINE AND ANYBODY CAN VIEW THOSE AT ANY TIME. SO WE ARE NOTIFYING THE WORLD IN A SENSE BECAUSE IT'S ONLINE. BUT, UM, YOU KNOW, STICKING TO STATE LAW, THEN WE CAN, WE CAN KEEP OURSELVES LEGALLY SOUND AND CORRECT. THANK YOU SO MUCH. UH, IS THERE ANYONE ELSE HAS ANY COMMENTS OR QUESTIONS? CAN I ASK ONE MORE QUESTION? YES. BUT, UH, IF YOU DON'T MIND, COME TO THE PODIUM. I'M SORRY. NO, THAT'S ALL RIGHT. SO, UH, NOT FAMILIAR WITH ALL THE ZONING PROCESSES. IS THERE NO WAY THAT A AFFECTED RESIDENT CAN FILE AN OBJECTION TO HAVING A DRIVEWAY OR STREET RIGHT BEHIND THEIR HOUSE? IS THERE NO WAY THAT WE CAN REQUEST A RECONSIDERATION OF THAT DESIGN? IS THERE ANY, IS IT NO, BECAUSE IT SOUNDS TO ME LIKE IF CORY DOES HIS CHECKLIST, IT'S A DONE DEAL. I DON'T BELIEVE THAT THERE IS, BUT I MAY BE WRONG. THAT IS CORRECT. THE, UH, UH, WHAT THE, WHAT THE CHAIR [01:00:01] JUST SAID, UM, THE CITY HAS CREATED REQUIREMENTS THAT HAVE BEEN PASSED THROUGH COMMISSIONS ONTO CITY COUNCIL. AND THE REASON THOSE, UM, THOSE ARE SET UP IS SO THAT ANYBODY AT ANY TIME CAN HAVE A REASONABLE EXPECTATION OF WHAT THEY COULD EXPECT. SO IF WE, IF WE DIDN'T, AND THAT INCLUDES DEVELOPERS, YOU KNOW, WHEN SOMEONE LOOKS TO PURCHASE A PIECE OF LAND, THEY LOOK ACCORDING TO THE RULES THAT ARE IN PLACE. AND IF, IF, WELL, THE RULES THAT WERE IN PLACE WHEN WE BOUGHT WERE, THAT WAS A FLOODPLAIN, IT'S NOT GONNA BE BUILT ON. SO, SO THAT IS SOMETHING YOU HAVE TO RECOGNIZE THAT THAT IS OUR EXPECTATION. SO, SO NOW I'M FACING, WELL, I MAY, I MAY HAVE TO DISAGREE ON, ON THAT POINT. YOU MAY HAVE BEEN TOLD THAT IT COULDN'T BE DEVELOPED, BUT I AM UNAWARE OF ANY RULE FROM THE CITY THAT SAID IT CAN'T DEVELOPED. SO, SO COMMUNICATION'S ALWAYS IMPORTANT. AND I KNOW, I KNOW A LOT OF REALTORS THAT SHOULDN'T BE TRUSTED. AND, AND THIS IS JUST FOR ANYBODY. IF SOMEBODY TELLS YOU THAT LAND CAN'T BE DEVELOPED AND THERE'S SOMETHING VACANT BEHIND YOU, THEY ARE LYING TO YOU. UNLESS IT IS OWNED BY THE CITY OR ENCORE, YOU KNOW, I RECOGNIZE IT'S GOING TO BE DEVELOPED AT SOME POINT. I RE BE DEVELOPED. I'M JUST, I'M JUST SAYING HAVING STREETS PUT IN RIGHT BEHIND YOUR HOUSE IS NOT THE SAME AS HAVING A SOMEONE'S BACKYARD BEHIND YOUR HOUSE. THAT'S JUST A BIG DIFFERENCE. WELL, AND THERE IS NOT A WAY TO BUILD A BUFFER UNLESS THE DEVELOPER PROVIDES THE BUFFER BECAUSE OF HOW SHORT, YOU KNOW, BECAUSE OF THE, ALL OF THE, UM, THE, UH, EASEMENTS THAT ARE BEHIND OUR HOUSE. SO I BUILT A HOUSE WITH WINDOWS ALL ACROSS THE BACK, NOT EXPECTING ANOTHER HOUSE TO BE THERE STARING AT ME OR CARS DRIVING BY. SO, UH, IT'S PRETTY FRUSTRATING. IT'S GONNA REALLY DEVALUE MY HOUSE SIGNIFICANTLY, UH, PARTICULARLY IF IT'S STREET. SO I'M, IF THERE'S NO REDRESS, THERE'S NO REDRESS. THANK YOU FOR ANSWERING MY QUESTION. THANK YOU, MS. BRACY. ANYONE ELSE, PLEASE? JUST ONE MORE COMMENT IF YOU DON'T MIND, BECAUSE IT'S BEING RECORDED AND, AND IT WON'T PICK UP ANY OF YOUR COMMENTS IF, IF YOU DON'T COME UP HERE. AUDREY ANDREWS 8 4 5 7 MARYS CREEK DRIVE THANK YOU. I JUST WANT ONE MORE LAST COMMENT. THANK YOU FOR HAVING US TONIGHT. THANK YOU FOR THE NOTICE. UM, WE ARE OBVIOUSLY CONCERNED ABOUT THE VALUES OF OUR HOME. UM, YES, WE ARE CONCERNED ABOUT LOSING OUR, UM, WHAT WE CONSIDER LUXURY, BUT AT THE SAME TIME, WE'RE TOLD WE WOULD HAVE FOREVER THAT VIEW, UM, OUT OUR BACK. AND LIKE SHE SAID, YOU PREPARE YOUR HOME FOR THAT AND THEN OOPS, ALL OF A SUDDEN WE HEAR THIS GOING ON AND IT'S LIKE, WHAT THE HECK'S GOING ON OVER HERE? UM, WE JUST ASK YOU TO TAKE INTO CONSIDERATION THAT WE ARE THERE. WE MAY BE ACROSS THE CREEK, BUT EVIDENTLY THAT'S BEING ENCROACHED ON NOW, SO THAT'S NOT AS SAFE AS WE THOUGHT IT WOULD BE, UM, FOR NEW CONSTRUCTION AND THE THINGS THAT COME ALONG WITH IT. BUT THANK YOU VERY MUCH FOR HAVING US. THANK YOU. AND LISTENING TO US. THANK YOU, MS. ANDREWS. ANYONE HAS ANY OTHER QUESTIONS, COMMENTS? IF NOT, I'LL GO AHEAD AND HAVE MR. WAL, UH, YOU HEARD SOME OF THE CONCERNS AND, AND IF I MAY JUST HIGHLIGHT A COUPLE OF THEM. UM, MS. GILMAN WAS, UH, ASKING ABOUT, YOU KNOW, ANY ANTICIPATED GREEN SPACE THAT, UH, YOU MAY BE LOOKING INTO AND CREATING. AND ALSO, UM, HOW, HOW TO RAISE THE LAND TO BE ABOVE THE FLOOD PLAIN. UH, FIRST LET ME GO AHEAD AND SAY THAT, UM, YOU GUYS ARE, AND AND MYSELF INCLUDED, ARE EXTREMELY LUCKY TO HAVE THE GROUP HERE AT BENBROOK. UH, WE'VE BEEN THROUGH THIS PROCESS IN OTHER CITIES, AND, UM, THERE'S A LOT THAT HAPPENS BEFORE THIS MEETING, AND THEY TAKE A LOT OF THOUGHT AND CONSIDERATION INTO WHAT CONCERNS HOMEOWNERS HAVE. UM, SO, UH, I WANNA SAY THANK YOU. I THINK THAT, UM, I THINK THEY HAVE EVERYONE'S BEST INTEREST TO HEART. UM, COUPLE QUESTIONS THAT I WILL COMMENT ON TONIGHT. A COUPLE, UH, KEVIN, UM, UH, IS, UH, WORKS WITH THE ENGINEERING FIRM THAT IS HELPING US WITH THIS PROJECT. UM, I'D LIKE TO ASK HIM TO, TO MAKE A COUPLE STATEMENTS TO, TO HELP BRIDGE SOME, SOME GAPS IN, IN COMMUNICATION. UM, THE TOP THREE I HEARD WERE CONSIDERATIONS AND CONCERNS AROUND THE TREES, CONCERNS ABOUT PROPERTY VALUES AND CONCERNS ABOUT THE WILDLIFE. UM, I KNOW THERE WERE SOME OTHER CONCERNS THAT WERE ADDRESSED, BUT I JUST WANTED TO HIT ON THOSE TOP THREE. UM, WE'RE, WE'RE A LOCAL FAMILY. UM, YOU KNOW, WE'RE, WE'RE A NEIGHBOR AND WE CAME IN AND MY PRELIMINARY PLAN WAS TO PUT 18 LOTS ON THIS, ON THIS PROPERTY. AND WE MET WITH THE HOA AND, UM, LONG STORY SHORT, THAT'S NOT WHAT THEY THOUGHT WAS A GOOD VISION FOR THIS PROPERTY. AND WE WENT THROUGH ABOUT [01:05:01] A YEAR AND A HALF OF FEASIBILITY OF TRYING TO FIND A GOOD BALANCE BETWEEN THEIR CONSIDERATION AND OURS. UM, I, I'M NOT GONNA SIT UP HERE AND MAKE PROMISES I CAN'T KEEP, BUT THERE IS ONE THAT I CAN, UM, I'LL STAND RIGHT OUTSIDE OF HERE ON THE WAY BACK, UH, WHEN YOU GUYS ARE ON YOUR WAY HOME, AND I'LL GIVE YOU MY INFORMATION, MY PERSONAL INFORMATION. UM, SHARON, UM, BETH, SORRY IF I MISSED SOME NAMES HERE. THE RETA WEST DEVELOPMENT IS A GROUP OF HOMEOWNERS THAT HAVE IMMEDIATE IMPACT TO WHAT WE DO IN THAT LAND, AND WE HAVE FULL INTENT OF TRYING TO MAKE THAT AS NEIGHBORLY AS WE POSSIBLY CAN. UM, THE CITY HAS MADE A COUPLE OF RECOMMENDATIONS THAT YOU KNOW OF, OF WHAT ARE SOME WAYS THAT WE COULD HELP BRIDGE THE GAP. AND I THINK THAT WE CAN CONTINUE TO COMMUNICATE THROUGH WAYS TO MAKE THAT HAPPEN. UM, AS WE PROGRESS. RIGHT NOW, WHAT WE'RE ASKING FOR IS, UM, THE OPPORTUNITY TO CONTINUE TO DO DUE DILIGENCE IN CREATING A PLAN OF ACTION THAT MEETS EVERYONE'S NEEDS. UM, THE WILDLIFE, UM, WHEN WE FIRST STARTED WITH OUR SURVEYING ACTIVITIES, WE WENT THROUGH AND DID SOME GENERAL BRUSH CLEARING SO THAT OUR SURVEYORS COULD GET ON THE LAND AND ACTUALLY GET ACCURATE INFORMATION SO THAT OUR ENGINEERS COULD DO GOOD WORK. UM, WE'VE INVESTED IN THE TREES AND WE ACTUALLY, UH, HIRED A TREE CREW AND, AND HAVE MADE AN ATTEMPT OF TAKING SOME OF THE, THE DEAD BRANCHES, UH, THE LOWER LINE BRANCHES AND ALLOWING THE TREES TO HAVE, UM, MORE HEALTH GOING FORWARD. MAYBE WE CAN'T SAVE ALL OF THEM, BUT THE ONES WE CAN, WE WANNA TAKE GOOD CARE OF. WE WANNA BE A STEWARD OF THE LAND. UH, THE WILDLIFE IS, IS SOMETHING THAT THERE ARE THINGS WITHIN OUR REALM OF CONTROL, AND I THINK THAT IF WE DO A VERY GOOD JOB OF, OF TAKING CONSIDERATION THAT THE NATIVE LAND AND, AND PRESERVING IT TO THE MOST THAT WE CAN AND STILL ACHIEVE OUR PROJECT, UM, IT'S OUR GOALS THAT THE, UM, THE WILDLIFE WOULD STILL BE PRESENT, BUT THAT'S NOT SOMETHING WE CAN PROMISE EITHER. UM, SO MY, UH, MY, UH, POSITION IS, UM, I THINK THAT WITH COLLABORATION AND COMMUNICATION, I THINK THAT WE CAN HELP BRIDGE SOME GAPS. UM, AND, UH, TODAY THAT'S, THAT'S WHAT I'M WILLING TO DO AND THAT'LL, UH, GIVE Y'ALL MY INFORMATION AND, AND SEE, UM, YOU KNOW, FOR THE ADJACENT HOMEOWNERS IN RETA, I'D BE MORE THAN HAPPY TO TO HAVE A, A FOLLOW UP, YOU KNOW, PRIVATELY WITH, WITH ADJACENT HOMEOWNERS. UM, EVAN, IF YOU WILL SAY A COUPLE THINGS ON THE THANK YOU GUYS FOR YOUR TIME TONIGHT. THANK YOU, MR. RO. UM, COULD YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? YES. UH, KEVIN MURPHY, 2 0 1 MAIN STREET, FORT WORTH, TEXAS. SO, UH, I WAS ACTUALLY THE APPLICANT. I'VE BEEN WORKING WITH CORY, I'M WITH PAP DAWSON ENGINEERS. SO I AM THE CIVIL ENGINEER THAT HAS BEEN WORKING TO, UM, MAKE THIS PROJECT WORK. SO I, I KNOW THERE WERE SOME ISSUES ABOUT THE KIND OF THE FLOODPLAIN AND SORT OF THE, THE PROCESS. DOUG ACTUALLY DID A GREAT JOB OF ANSWERING PRETTY MUCH EVERYTHING BEFORE I GOT UP HERE. SO, UM, THANKS TO HIM FOR THAT. BUT GENERALLY, OUR GOAL HERE IS, IS TO ACTUALLY MAKE THIS, THIS LAND BETTER. THERE ARE, THERE ARE PLENTY OF STEPS AND RED TAPE THAT WE HAVE TO CROSS. THERE'S EVERYTHING THAT WE'VE DONE UP TO THIS POINT HAS JUST BEEN PRELIMINARY JUST TO SEE IF THIS IS A FEASIBLE PROJECT. SO NOTHING, NOTHING THAT WE'VE DONE OR THAT THE CITY HAS SEEN GRANTS THEM THE RIGHT TO LET US START BUILDING ANYTHING. IT'S ALL, IT'S ALL BEEN A FEASIBILITY STUDY AT THIS POINT. AND ULTIMATELY THE GOAL IS TO RAISE THOSE HOUSES OUT OF THE FLOODPLAIN AND ACTUALLY IMPROVE THE FLOODPLAIN. UM, SORT OF THE, THE EXAMPLE I LIKE TO USE IS IF YOU CONSIDER A BATHTUB AND IT'S FILLED TO THE BRIM AND YOU DROP A BRICK IN, IT'S GONNA OVERFLOW. BUT IF YOU CAN TAKE SOME, SOME AREA OUT FROM OTHER PLACES OF THE BATHTUB, IT IMPROVES THE OVERALL CONDITION AND IT LETS YOU PUT IN THE BRICKS THAT YOU WANT. SO THAT IS, THAT IS KIND OF THE GENERAL GOAL. YET ENGINEERING, UH, IS A BIT MORE COMPLICATED, BUT WE'RE GOING TO GO THROUGH ALL OF THE PROCESSES, GET ALL OF THE PERMITS, DO ALL OF THE RIGHT STEPS WITH FEMA, AND MAKE SURE THAT WE'RE ACTUALLY IMPROVING THE LAND AND NOT CAUSING ANY NEGATIVE IMPACTS. SO THAT IS, THAT IS A HUNDRED PERCENT THE GOAL. UM, COREY ALSO MENTIONED, WE ORIGINALLY HAD 18 HOMES ON THIS, AND I WAS THE ENGINEER THAT DID THE ENGINEERING AND PRELIMINARY LAYOUT FOR THE 18 HOMES. AND IT, IT WAS SOMETHING WE JUST, WE JUST COULDN'T GET TO WORK WITHOUT NEGATIVELY IMPACTING PEOPLE. AND SO WE SCRUBBED THAT AND [01:10:01] WE ENDED UP WITH A FIVE LOT CONFIGURATION, AND WE FEEL THAT THIS IS GOING TO BE MUCH MORE BENEFICIAL FOR THE FUTURE HOMEOWNERS AND THE EXISTING HOMEOWNERS. SO, UM, WE KIND OF, WE KIND OF TOUCHED ON ACCESS, BUT IF THERE'S ANY OTHER ENGINEERING QUESTIONS, I'M HAPPY TO ANSWER THOSE. I HAVE A QUESTION IN REFERENCE TO BRINGING THE, THE HOUSE ABOVE THE YES, FLOOD PLAIN. UH, ARE YOU ALL LOOKING AT THE IDEA OF BRINGING IN DIRT TO BRING IT ABOVE THAT? OR ARE YOU ALL GONNA BE SCOOPING UP THE LAND TO BRING IT UP? IDEALLY, IT WOULD BE A NET ZERO. WE WOULDN'T, WE WOULDN'T BRING ANY DIRT IN. I THINK WE ARE GOING TO HAVE TO RECLAIM SOME OF THE, THE LAND BEHIND THE HOMES, MEANING WE'LL HAVE TO CUT DIRT OUT SO THAT WE CAN ACTUALLY LOWER THE FLOODPLAIN AND, AND PULL IT BACK FROM WHERE IT IS. SO, UH, OVERALL IT WILL BE A NET ZERO. UM, AND IF ANYTHING IT WOULD BE HAULING OFF DIRT. THANK YOU. UH, MR. WALLACE, WHEN YOU SAID, WELL, YOUR LAST STATEMENT, RAISE ANOTHER QUESTION FOR ME. WHEN YOU SAY PULL FROM THE BACK, YOU MEAN THE NORTH SIDE OF THOSE? YEAH, THE, BECAUSE THAT'S THE BACK SIDE, THE BACKYARD, YOU'RE GONNA PULL THERE AND PULL UP, WHICH MEANS THERE'S MORE DOWN IN THE FLOOD PLAIN. SO MY QUESTION ADDED TWO QUESTIONS. UH, ARE YOU AWARE OF WHAT IS ALLOWED WITH REGARD TO CLEAR CUTTING AND TREE REMOVAL WITHIN THE FLOOD PLAIN AND THE FLOODWAY? IS IT, UH, YEAH, ABSOLUTELY. 'CAUSE WE'VE, WE'VE READ THROUGH THE ENTIRE, UH, CITY ORDINANCE ON TREE PRESERVATION AND, AND MITIGATION. YEAH. AND I'M NOT TALKING THAT YET. , I'M TALKING THE FEMA PART OF IT. IS THERE ANYTHING IN THAT FEMA PART, YOU KNOW, THAT LMER AND ANY OF THAT OTHER STUFF SPECIFICALLY THAT WOULD EVEN SAY, LIKE, IN OTHER WORDS, I MEAN, I'M NOT AWARE OF IT, AND I WAS JUST HOPING THAT YOU KNEW WHETHER OR NOT, YOU KNOW, PEOPLE COULD COME IN WITHOUT FEMA APPROVAL ON THEIR LAND AND CLEAR CUT IT IN THE FLOODPLAIN, IN THE FLOODWAY. IS THERE ANYTHING THAT YOU'RE AWARE OF? AND YOU MAY NOT HAVE RESEARCHED IT, I'M NOT GONNA, YOU'RE NOT ON TRIAL, BUT DO YOU KNOW OF ANYTHING BY, SO, SO BY CLEAR CUTTING YOU JUST MEAN REMOVING TREES. UH, LET'S, YEAH, LET'S JUST SAY YOU'RE TAKING EVERY TREE OUT FROM THAT HOUSE ALL THE WAY TO THE CREEK. SO DOES, I GUESS I'M NOT SAYING YOU'RE GONNA DO THAT. WHAT I'M SAYING IS, DOES FEMA, DO THEY EVEN CARE ABOUT THAT? SO THERE'S TWO, THERE'S TWO SEPARATE ENTITIES AT, AT PLAY HERE. THE, THE TREES WOULD FALL UNDER THE JURISDICTION OF THE CITY. SO YEAH, I KNOW ABOUT THAT. THE, THE, THE TREE ORDINANCE AND MITIGATION WOULD ALL FALL UNDER CITY REGULATIONS. FEMA IS STRICTLY CONCERNED WITH DEVELOPMENT. SO, SO IT'S ONLY LIKE BUILDINGS, THEY DON'T CORRECT. THAT'S THE QUESTION. THAT'S THE ANSWER, IS THEY DON'T CONSIDER CLEAR CUTTING DEVELOPMENT. CORRECT. AS LONG AS WE'RE NOT MAKING IMPROVEMENTS. MEANING, MEANING BRINGING DIRT IN OR, THERE YOU GO. THAT'S, THAT WAS MY QUESTION THEN. THERE IS NOTHING THAT I KNOW OF FROM FEMA SPECIFICALLY. YEAH, BECAUSE WHAT THEY'RE USUALLY CONCERNED ABOUT IS EXACTLY THAT. YOU KNOW, PEOPLE START PUTTING HOUSES IN THE FLOODPLAIN, IN THE FLOODWAY, JUST LIKE AROUND THE MISSISSIPPI. EVERY TIME IT FLOODS, WE'RE HAVING TO PAY ALL THOSE PEOPLE. SO IT'S REALLY RESTRICTED TO BUILDINGS, STRUCTURES, HOUSES, WHATNOT. SO, OKAY. THAT WAS, THAT WAS ONE QUESTION. THE SECOND QUESTION IS ON THESE DRIVEWAYS THAT ARE GOING BACK, ARE YOU AWARE OF ANY SETBACK REQUIREMENTS WHEN ON THOSE? THE TWO? I DON'T KNOW WHAT THOSE NUMBERS ARE ON THE LEFT. IS THAT LOT ONE AND TWO? YES. OKAY. SO ON LOT ONE AND TWO, THE LONG DRIVEWAY, YOU KNOW, FOR HARD SURFACE, IS THERE A, DO YOU KNOW WHAT THE SETBACK FROM THAT FENCE OR THAT PROPERTY LINE IS? I'M NOT EVEN AWARE BECAUSE A LOT OF TIMES ON RESIDENTIAL, I MEAN, MY, MY DRIVEWAY IS LIKE 15 FEET FROM THE LOPEZ'S DRIVEWAY, YOU KNOW, BUT THAT'S JUST GOING UP TO THE FRONT OF OUR HOUSE. SO I DO YOU KNOW AT ALL MR. WALLACE, IF I CAN HAVE MR. HOWARD, I'M SORRY, YOU MAY HAVE MR. HOWARD ADDRESS THAT. SO ONE OF, ONE OF THE REGULATIONS THE CITY HAS, UM, IS REALLY WHEN YOU, WHEN YOU'RE THINKING OF THE DRIVE ACCESS, OKAY. UM, YOU CAN, I CALL IT THE THROAT OF THE DRIVEWAY WHERE IT CONNECTS TO THE STREET, THERE IS A CURB RETURN REQUIREMENT FOR RESIDENTIAL AREAS THAT REQUIRES YOU TO HAVE A FIVE, UH, A FIVE FOOT [01:15:01] RADIUS CURB RETURN. SO IF YOU EXTENDED YOUR SIDE PROPERTY LINE STRAIGHT DOWN THE START OF THAT CURVE, EVERYBODY'S SEEING THE CURVE IN YOUR DRIVEWAYS AS YOU TURN IN THAT START OF THAT CURVE CAN'T GO PAST YOUR PROPERTY LINE. AND THEN IT EXTENDS FIVE FEET, AND THEN YOU HAVE THAT FIVE FOOT GAP BETWEEN THE SIDE PROPERTY LINE AND THE THROAT OF THE DRIVEWAY. OKAY. SO THAT'S THE ONLY REGULATION WE HAVE ON THAT, ON THAT. OKAY. THANK YOU, SIR. THAT, THOSE ARE MY QUESTIONS FOR YOU. THANK YOU. MR. WALLACE. IS THERE ANYONE ELSE FROM THE COMMISSION, MR. ELLISON? YEAH, MY ONLY QUESTION IS ABOUT HOW LONG DOES THE FEMA APPROVAL PROCESS TAKE, OR DO YOU ANTICIPATE THAT TAKING, GOING THROUGH THAT QUITE A WHILE? IT IS TYPICALLY, IT, IT DEPENDS. IT VARIES BASED ON HOW QUICKLY THEY REVIEW IT. UM, IN OUR PRELIMINARY SCHEDULES, WE'VE ALLOTTED ABOUT A YEAR AND A HALF FOR THE REVIEW TIME. SO IT'S, IT'S QUITE EXTENSIVE. THANK YOU. THANK YOU. MR. ALLISON. ANYONE ELSE FROM THE COMMISSION? MR. FERRARA? UH, FOR, FOR CLARIFICATION, I'D LIKE, UH, SEE IF WE CAN GET MR. HOWARD TO BRING UP HIS STEP, HIS STEPWISE SLIDE. 'CAUSE I WANT TO, I WANT TO CLARIFY SOMETHING. WE ARE IN THE PRELIMINARY PLAT PROCESS. SO YOU MENTIONED COMING BACK TO THE COMMISSION, THAT WOULD NOT HAPPEN UNTIL THE FINAL PLAT IF THEY CORRECTED THE ISSUES THAT YOU HAVE WITH THEM AT THIS MOMENT? THAT IS CORRECT. IS THAT THAT TRUE STATEMENT? THAT IS CORRECT. OKAY. NOW, SOME OF THE THINGS THAT YOU'RE LOOKING AT COULD CORRESPOND AND RUN CONCURRENTLY. IT JUST DEPENDS. SURE. THE CIVIL PLANS TYPICALLY HAVE TO BE DONE, BUT BECAUSE THERE ARE, THERE ARE SOMETIMES ITEMS THAT CAN'T BE DONE UNTIL THE FEMA PROCESS IS DONE. IF WE BRING BACK A FINAL PLAT TO YOU, THE MAJORITY OF IT IS DONE USUALLY EXCEPT THE FEMA FEMA PROCESS. SO SOMETIMES THAT FEMA, THE FINAL APPROVAL OF THE PLAT STILL WILL HAPPEN AFTER THE LMER. BUT YOU MAY CONSIDER THE PLAT BEFORE THE LMER IS DONE WITH THAT CONDITION THAT THEY CAN'T FILE IT UNTIL THE LMER IS DONE. RIGHT. I JUST WANTED TO CLARIFY THE PRELIMINARY VERSUS FINAL PLAT THAT WE HAVE TO REVIEW. UM, AND SO ONE OF YOUR, TO GET TO THE FLOODPLAIN FLOODING ISSUE, ONE, ONE OF YOUR REQUIREMENTS THAT THE ENGINEER HAS PUT DOWN HAS TO DO, UH, SPECIFICALLY WITH FLOODING, IT LOOKS LIKE, SHALL NOT INCREASE THE FLOW, DISCHARGE, AND VELOCITY. SO YOU'VE GOT THAT COVERED JUST ON THE PRELIMINARY, AND THAT'S ONE OF THE THINGS THAT YOU'RE MISSING IS ENOUGH INFORMATION TO MAKE FOR THE ENGINEER TO MAKE THAT ASSESSMENT ENOUGH, ENOUGH INFORMATION FOR OUR CITY ENGINEER TO, TO, TO KNOW THAT, THAT IT'S GOING TO BE OKAY. THEY'RE STILL PRELIMINARY NUMBERS. SURE. UM, YOU KNOW, THOSE ARE STILL GONNA CHANGE SLIGHTLY DEPENDING ON THE MORE EXTENSIVE, UH, REVIEWS THAT ARE DONE. AND THE FINAL IS WHEN THE CITY ENGINEER SHOULD BE ABLE TO BE ABLE TO SAY, YES, IT WILL NOT INCREASE VELOCITIES, OR YES, IT WON'T DO THIS OR THAT. RIGHT. OKAY. I'M GOING BY ONE OF YOUR, ONE OF YOUR COMMENTS THAT YOU NEED REPAIRED AND THAT SEEMS TO BE ONE OF THEM BETTER, MORE INFORMATION ON THAT. AM I UNDERSTANDING THAT CORRECTLY? YES. WE NEED MORE INFORMATION. OKAY. AND THEN THE OTHER THING IS REGARDING THE STREET. SO IF YOU'LL GO BACK TO YOUR LARGE OVERLAY MAP THAT YOU HAD. SO TO PUT IT IN CONTEXT, THAT LARGEST LOT, UH, WHAT WOULD BE ON THE LEFT IS ACTUALLY 9.45 ACRES. SO IF YOU DROPPED A DRIVEWAY IN THAT LITTLE L-SHAPED PATH, I MEAN IT PROBABLY WOULDN'T EVEN SHOW UP ON THE MAP. THAT THAT IS CORRECT. IN FACT, I WAS LOOKING AT, AT, AT AN AERIAL WHILE, WHILE THINGS WERE BEING DISCUSSED, JUST FOR CONTEXT BEFORE IT TAKES THAT RIGHT. UH, RIGHT ANGLE. TURN THE DOG LEG. THERE ARE FIVE LOTS IN RETA SUBDIVISION THERE BETWEEN THAT STREET, THE DOG LEG IN THE, WHERE BREAKS OUT INTO THE OPEN AND THERE ARE FIVE LOTS. JUST TO GIVE YOU AN EXAMPLE OF THE SIZE THAT THESE LOTS TRULY ARE, THAT'S, SO, IT, IT LOOKS LIKE THOSE ARE DRIVEWAYS. THEY'RE NOT DRIVEWAYS. THOSE ARE, THOSE ARE, YOU CAN FIT FIVE LOTS IN THOSE DRIVEWAYS. ONE, ONE OF YOUR ONE LITTLE DOG LEG THERE IS AS WIDE AS A NORMAL PROPERTY. UH, TYP. TYPICAL, YOU KNOW, 70, YOU SAID 70 FEET? PROBABLY MUCH LONGER. I THINK, I THINK THE RUN OF THAT WAS TWO, NO, NOT THE, NOT THE RUN, THE WIDTH. THE WIDTH. OH, THE WIDTH. THE WIDTH WHERE IT TOUCHES HISTORY. YES. THE WIDTH IS AS, SO THE WIDTH IS AS WIDE AS PROBABLY THE, THE SMALLEST LOT COULD BE. THAT'S AS WIDE AS THE LOT CAN BE. UM, AND THERE'S TWO OF THEM THERE. SO SIDE BY SIDE YOU COULD SEE THAT'S, THAT'S DEFINITELY TWO LOTS. AND THEN YOU, YES, IT GETS MUCH, MUCH LONGER. I THINK THE, BEFORE IT DOES THAT DOG LEG, I WANT TO SAY IT'S CLOSE, IT'S, IT'S 200 AND, AND SOME ODD FEET BEFORE IT TAKES THAT TURN. I'M NOT ABOUT TO TRY TO LOOK AT THAT, BUT, UH, A ACTUALLY IT'S PROBABLY A LITTLE LONGER THAN THAT. PRETTY, THAT COULD BE 300 PRETTY GOOD DISTANCE. OKAY. [01:20:01] AND THE FINAL, THE FINAL THING. RIGHT NOW IN THE PRELIMINARY, THERE ARE NO STREETS SHOWN AT ALL. AND ONLY BY SUGGESTION WE'RE SAYING WE'RE GONNA ADD DRIVEWAYS. WELL, THEY'LL BE REQUIRED TO HAVE DRIVEWAYS, BUT YES, OBVIOUSLY, BUT YEAH, NO ADDITIONAL, NO ADDITIONAL PUBLIC STREETS, MEANING, YOU KNOW, OUR STREETS ARE 31 FEET WIDE, YOU KNOW, TWO LANE TRAFFIC. THAT'S WHAT WE'RE CALLING STREETS. OKAY. THAT'S ALL I HAVE. THANK YOU MR. FERRA. THANK YOU MR. WALLACE. I, I'M SORRY. ALRIGHT. ANYBODY ELSE FROM THE COMMISSION? MR. MR. MURPHY, DO YOU HAVE ANYTHING ELSE TO ADD? NO, THAT, THAT'S ALL I HAVE. ALRIGHT. THANK YOU. MR. MURPHY. DO I HAVE, UH, DO I HAVE ANY, ANYONE ELSE FROM THE PUBLIC THAT, UH, WANTS TO, IF, IF YOU DON'T MIND? YES, I HAD A QUESTION FOR YOU. UM, COULD YOU PLEASE CLARIFY, SINCE YOU KNOW THE FEMA RULES NOW, HOW MUCH, UM, DO YOU, DO YOU HAVE ANY IDEA IN THE A HUNDRED YEAR FLOOD ZONE HOW MUCH YOU CAN CLEAR CUT ACCORDING TO FEMA RULES? THEY DON'T SEEM TO REALLY CARE OR ACCORDING TO THE CITY ORDINANCES, MS. MS. GOMAN, IS THAT THE ONLY QUESTION YOU HAVE? WELL, NO. 'CAUSE THEN I ALSO WANT TO KNOW ABOUT THE FLOOD ZONE AS WELL. OKAY. IF YOU COULD, IF YOU DON'T MIND ASKING, SO I CAN THEN HAVE MR. MURPHY COME UP HERE. YEAH. MM-HMM . THANK YOU. OKAY. MR. MURPHY. IT IT, SORRY, I JUST, I JUST WANT TO CLARIFY. WE'RE WE'RE TALKING SPECIFICALLY ABOUT TREE TREE CUTTING AND CORRECT. AND HOW IT IMPACTS, IF, IF I MAY, IF IF YOU NEED TO CLARIFY, I NEED YOU TO COME UP HERE. YEAH, IF YOU DON'T, YOU CAN STAND UP HERE WITH HIM. OKAY. YEAH. MAKES IT EASIER ON, ON BOTH OF YOU. AND I JUST WANNA MAKE SURE THAT IT'S BEING RECORDED. ABSOLUTELY. YEAH. SO I WANTED A CLARIFICATION ON THE CLEAR CUTTING OF THE GREEN SPACE AND THEN THE CLEAR CUTTING OF THE A HUNDRED YEAR FLOOD ZONE AND, UM, YOU KNOW, HOW MUCH IS ALLOWED ACCORDING TO CITY ORDINANCES. FEMA GO AHEAD, MR. MURPHY. RIGHT. SO, SO, YES. SO FEMA DOES NOT HAVE ANY REQUIREMENTS ON REMOVING OR ALTERING GREEN SPACE WITHIN THE FLOODPLAIN. THEY HAVE REQUIREMENTS ON DEVELOPMENT WITHIN THE FLOODPLAIN, AND I WOULD CONSIDER DEVELOPMENT ANY TURNING OF DIRT OR GRADING EFFORTS, BUILDING ANY, ANY SORT OF IMPROVEMENTS THAT YOU MAKE TO THE LAND. AND THERE REGULATIONS ARE MAINLY AROUND, I, I DON'T KNOW THE ENTIRE FEMA CODE, BUT THE REGULATIONS ARE MAINLY AROUND JUST THE, THE FLOODPLAIN AND HOW IT, HOW IT IS ALTERED, DISRUPTED, ET CETERA. SO THEY ARE TYPICALLY ONLY CONCERNED ABOUT THE FLOODPLAIN AND FLOODPLAIN BOUNDARY. UM, NOW THERE'S, THERE'S LIKE, LIKE DOUG MENTIONED, THERE'S, THERE'S TWO, TWO DIFFERENT FEMA ZONES ON THIS SITE. THERE'S THE FLOODWAY AND THE FLOOD PLAIN. THERE IS NO DEVELOPMENT ALLOWED WITHIN THE FLOODWAY. AND THAT IS, THAT IS A FEMA RULE AND A BENBROOK RULE, I BELIEVE. SO ANYTHING IN THE BLUE SECTION, WE ARE NOT ALLOWED TO, TO BUILD ON OR IMPROVE. UM, WE CAN, WE CAN GRADE, BUT WE CANNOT PLACE STRUCTURES OR IMPROVEMENTS IN THAT AREA. SO THERE, THERE'S KIND OF MULTIPLE ANSWERS TO THAT QUESTION. BUT REGARDING TREES AND CL CLEAR, CLEAR CUTTING, FEMA DOES NOT HAVE ANY REGULATIONS THAT I'M AWARE OF, UH, IN TERMS OF GREEN SPACE OR OPEN SPACE. SO JUST FOR CLARIFICATION, YOU WERE ALLOWED TO GRADE IN BOTH THOSE ZONES AND ELIMINATE, ESSENTIALLY ELIMINATE, YOU CAN DEFOREST IT. SO, SO WE'RE, WE'RE ALLOWED TO MAKE GRADING IMPROVEMENTS AS LONG AS THEY'RE IN ACCORDANCE WITH THE CITY REGULATIONS. SO THERE'S A, IT IS A VERY EXTENSIVE AND STRICT TREE PRESERVATION PLAN. UM, I HAVE READ IT, I CANNOT RECITE IT, BUT WE HAVE TO PRESERVE A CERTAIN PERCENTAGE OF LARGE HERITAGE TREES ON SITE AND A CERTAIN NUMBER OF THE SMALL NON IMPORTANT TREES ON SITE. SO THERE ARE PLENTY OF [01:25:01] LAWS AND RULES IN PLACE THAT ALLOW, THAT PREVENT US FROM COMING IN WITH A BULLDOZER AND TAKING OUT ALL OF THE TREES. AND I CAN TELL YOU I'VE STAYED UP LATE AT NIGHT, PLENTY OF TIMES MOVING THESE HOUSES AROUND 'CAUSE CARES ABOUT THESE TREES AND HE WANTS TO SEE THEM PRESERVED AS MUCH AS Y'ALL DO. SO THANK YOU. MR. MOORE. JUST REALLY QUICKLY, IS THERE ANY KIND OF CONSIDERATION TO THE WILDLIFE AS FAR AS THE CITY CODES GO? UM, YOU CAN, MAYBE THEY, THEY DICTATE I HAVE MR. HOWARD. I DON'T THINK THAT THERE IS, BUT MR. HOWARD, I, I'M ASIDE FROM OUR ANIMAL CHAPTER OF OUR CITY ORDINANCES. I'M, I'M NOT AWARE OF ANYTHING ELSE THAT REGULATES ANIMALS OR PRESERVATION OF, OF, UH, OF, OF, UH, HABITABLE SPACES. HOWEVER, TYPICALLY THERE ARE, UM, ENVIRONMENTAL ASSESSMENTS THAT ARE DONE, UM, WITH THE FEMA PROCESS. AND I BELIEVE THEY HAVE TO, TO DO SOME OF THIS KIND OF ANALYSIS THAT ISN'T REGULATED BY THE CITY. BUT THERE, THERE ARE OTHER THINGS THAT, THAT HAPPEN. AND SO THIS PRELIMINARY GRADING THAT YOU DID JUST FOR ENGINEERING WAS ACTUALLY EXTENSIVE TO THE IMPACT OF OUR WILDLIFE ENVIRONMENT. AND THAT WAS JUST PRELIMINARY. SO I CAN'T EVEN IMAGINE WHAT THEY POTENTIALLY COULD DO TO THE AREA, THE FLOOD ZONE, THE GREEN AREA, EV I MEAN, YOU KNOW, AND THEN THINK ABOUT THE EROSION TOO. I MEAN, IT'S, IT'S SIGNIFICANT IN MY OPINION. THANK YOU. THANK YOU FOR YOUR, UH, CONCERNS. IF YOU DON'T, PLEASE COME TO THE PODIUM. STATE YOUR NAME AND ADDRESS FOR THE RECORD. I AM SHIRLEY GODFREY. I LIVE AT 48 0 9 JORDAN TRAIL. I LIVE RIGHT NEXT TO SHERRY. AND CAROL AND NANCY. WE'RE ALL CONCERNED ABOUT OUR VA THE VALUES OF OUR HOUSES AND WITH FLOODING AND THINGS LIKE THAT. NOW, WHEN I CAME EARLIER THIS WEEK AND LOOKED, OR ACTUALLY LAST WEEK, AND I LOOKED AT SOME OF THE, UH, PLANS, I WOULD CALL 'EM THE BLUE LINES ON THE TV. I SAW ONE THAT HAD THE BLUE, THE RED, AND THE GREEN. DO YOU HAVE THAT? I I, I DO NOT HAVE IT ON THE SCREEN. OKAY. BUT I, I HAVE IT IN THE PACKET. OKAY. COULD YOU POSSIBLY EXPLAIN TO US ABOUT THE GREEN? DO YOU MIND SHARING IT WITH HIM? OKAY. OKAY. SO I CAN PROBABLY, IF I SHOW YOU THIS SCREEN, MAYBE ABOUT AN A CENTIMETER OR TWO BELOW THE RED IS WHAT THAT MAP YOU'RE LOOKING AT WOULD SHOW AS GREEN MM-HMM . SO NOT, NOT MUCH FURTHER. THAT IS UNREGULATED 500 YEAR FLOODPLAIN. OKAY. AND WHAT DOES THAT MEAN FOR IMPROVEMENTS AND THAT THAT IS UNREGULATED? THAT IT ACTUALLY HAS, HAS NO REGULATIONS BEHIND IT? NONE. OKAY. I DO NOT KNOW WHY THEY EVEN SHOW IT. MM-HMM . EXCEPT IT, IT MUST MEAN SOMETHING TO SOMEONE. I'M NOT THE FLOODPLAIN ADMINISTRATOR. MM-HMM . UM, BUT, UH, IT'S UNREGULATED AND IT, IT'S, IT'S THERE JUST TO SHOW THAT IN THE 500 YEAR EVENT, IT'S POSSIBLE THAT FLOODING COULD GO UP TO THAT GREEN AREA. OKAY. SO YOU HAVE A HUNDRED YEAR EVENT AND A 500 YEAR EVENT, WHICH IS EVEN MORE RARE. OKAY. EVEN THOUGH IT'S A 500 YEAR FLOODPLAIN, WE ALL KNOW WE'VE SEEN LOTS OF RAIN AND FLOODS AND A 100 YEAR FLOODPLAIN. SO I'M ALWAYS CONCERNED ABOUT SOMETHING LIKE THIS BECAUSE IT CAN BE, EVEN THOUGH IT LOOKS SMALL ON HERE, WHEN IT'S RIGHT NEXT TO YOUR HOUSE, IT COULD MAKE A DIFFERENCE. SO THAT'S ONE THING THAT WE ARE VERY CONCERNED ABOUT IS JUST THE FLOODPLAIN AND OUR HOUSE AND MAKING SURE THAT OUR, WE DON'T LOSE THE INVESTMENT THAT WE'VE PUT INTO THAT. WELL, ANOTHER THING, IF I MAY, MR. CHAIR JUST SURE. JUST IF I MAY, UM, WHAT THE APPLICANTS ARE PROPOSING [01:30:01] IS TO MOVE THAT GREEN AND TO MOVE THAT RED EVEN FURTHER AWAY FROM YOUR HOUSE. OKAY. SO THAT, THAT'S WHAT THEY'RE, THAT'S WHAT THEY'RE PROPOSING TO DO. SO, UM, ONCE, ONCE THEY DO THEIR FLOOD STUDIES AND THEY PROVE IT TO US AND THEY PROVE IT TO FEMA, THAT RED LINE WILL, THAT RED AREA NO LONGER LOOKS LIKE THAT. IT'S ACTUALLY PULLED MUCH CLOSER TO THE CREEK. OKAY. SO IF, IF THAT PROVIDES, UH, SO THE CONDITION WILL NOT GET WORSE. IT, IT WILL GET BETTER. OKAY. IT SHIFTS ONE FROM NOT NO, IT, IT, IT WON'T, UM, IT, IT CAN'T HAVE A, IT'S THAT NET YOU'RE GROSS AND YOUR, AND YOUR NET, WHATEVER YOU DO, IT CAN'T NEGATIVELY IMPACT DOWN THE LINE. IT, IT DOESN'T SHIFT IT, IT KEEPS THE SAME TYPE OF FLOW GOING AS THERE WAS BEFORE. THEY JUST DIG A, DIG A BIGGER HOLE SOMEWHERE SO THAT IT CAN FILL UP MORE. OKAY. ONE MORE THING THAT I WAS THINKING ABOUT WAS THE ACCESS SEEMS TO BE ONLY THROUGH THAT ONE STREET AND NOT LA AND TERRA IS, THEY'RE GOING TO ALSO BE AN OUTLET STREET COME IN FROM MARY'S CREEK OR IN THAT GENERAL AREA? NO STREETS ARE BEING PROPOSED. THEY'RE ACCESSING OFF THE EXISTING STREET THAT EXISTS. JUST THE ONE STREET? THAT'S CORRECT. OKAY. OKAY. LAST THING. WHEN WE MOVED INTO THIS NEIGHBORHOOD, PROBABLY 13 OR 14 YEARS AGO, WE WOULD FREQUENTLY SEE ROADRUNNERS. NOW I'M FROM NEW MEXICO AND I, I LOVE TO SEE ROADRUNNERS. THEY ARE BEAUTIFUL, BUT WE DON'T SEE THEM ANYMORE. THEY'RE GONE. AND I JUST, I JUST WORRY ABOUT OUR WILD TURKEYS. WE USED TO HAVE WILD TURKEYS, 40, 50 AND A AND A FLOCK. AND NOW WE HARDLY EVER SEE A WILD TURKEY. I SAW MAYBE THREE THIS WEEK. THAT'S ALL OUR DEER. WE STILL HAVE A FEW DEER, BUT NOT VERY MANY. SO FLOOD PLAIN, THE CHANGE IN THE ENVIRONMENT, THE, AND THE INCREASED PEOPLE, IT ALL GIVES US CONCERN ABOUT OUR BABIES THAT WE FEED AND, UH, MAKE SURE THEY HAVE PLENTY WATER. SO THAT'S VERY, IT'S A, IT'S A CONCERN TO US. THANK YOU, GODFREY. HAVING SAID THAT, UH, IF THERE'S NO FURTHER INTEREST, I'LL GO AHEAD AND CLOSE THE, UH, HEARING TO THE PUBLIC AND I'LL GO AHEAD AND, UH, BRING THE ITEM BACK TO THE, UH, COMMISSION. SO THERE'S ANY QUESTIONS OR COMMENTS. AND IF NOT, I'LL ALSO ENTERTAIN A MOTION. MR. WALLACE. YEAH, I'VE GOT SOME QUESTIONS. SO, ABOUT THE MOTION, UH, KIND OF TAGGING ONTO WHAT COMMISSIONER, UH, ELLISON SAID EARLIER, I'M, I'M CONCERNED ABOUT THE DIFFERENCE BETWEEN A DISAPPROVAL WHERE WE KIND OF HAVE SOME CONDITIONS THAT THEY COULD MEET AND A CONDITIONAL APPROVAL THAT'S WITH CONDITIONS. UM, AND, UH, I'M, I THINK WHAT YOU HAD SAID EARLIER, MR. HOWARD, WAS THAT THE REMEDY TO BOTH OF THOSE WOULD BE A WRITTEN RESPONSE THAT ADDRESSES EITHER THE ITEMS FROM THE DISAPPROVAL OR TO REMEDY THOSE, OR ON THE, THE CONDITION APPROVED WITH CONDITIONS THAT THEY'VE MET THOSE AND CAN PROCEED. UM, AM I FOLLOWING THAT CORRECTLY OR CORRECT ME ABOUT THE DIFFERENCES IN PROCESS? SO, SO STATE LAW OBVIOUSLY DOESN'T GIVE, UM, DEFINITIONS FOR, YOU KNOW, WHAT THE TRUE DIFFERENCE BETWEEN A DISAPPROVAL VERSUS AN APPROVAL WITH CONDITIONS. SO, UM, THE, THE WAY STAFF LOOKS AT IT AND HOW WE, AND, AND HOW WE FORM OUR RECOMMENDATIONS IS IF THERE ARE ITEMS, AND I CAN TAKE THE FINAL PLAT AS AN EXAMPLE, IF WE HAD A FINAL PLAT, AND THE ONLY THINGS THEY HAD TO ADDRESS WERE MINISTERIAL, SUCH AS YOU NEED TO HAVE YOUR DEVELOPER AGREEMENT WITH THE BENBROOK WATER AUTHORITY SIGNED AND EXECUTED, WHICH IS A REQUIREMENT FOR A FINAL PLAT, AND YOU HAD TO HAVE YOUR LMER [01:35:01] APPROVED BY FEMA, WHICH IS A REQUIREMENT OF THE FINAL PLOT. IF THOSE WERE THE ONLY TWO THINGS LACKING, STAFF WOULDN'T BE RECOMMENDING DISAPPROVAL OF THAT PLOT BECAUSE THOSE ARE EASILY REMEDIED BY JUST SIMPLY TURNING IN THE FORMS. NOW, GAINING THOSE FORMS AND APPROVALS ARE DIFFICULT, BUT IF YOU HAVE 'EM, THAT'S ALL YOU HAVE TO DO. SO THAT IS WHAT STAFF LOOKS AT. IF WE WERE TO RECOMMEND ANYTHING TO THIS COMMISSION FOR CONDITIONS TO APPROVE, IF THERE ARE THINGS ON AN APPLICATION THAT ARE JUST INCORRECT OR MISSING OR NOT ENOUGH INFORMATION FOR US TO EVEN MAKE THAT TYPE OF ASSESSMENT, THAT'S WHEN STAFF IS LOOKING TO ASK FOR A DISAPPROVAL. UM, SUCH AS, IN THIS CASE, THERE'S A COUPLE ITEMS THAT WE NEED CLARIFIED MM-HMM . UM, AND I'M SURE THE APPLICANT NEEDS THOSE CLARIFIED AS WELL, IF THEY'RE GONNA MAKE THEIR ASSESSMENT ON, ON WHETHER TO PROCEED. UM, OKAY. THAT, THAT'S, THAT'S VERY GOOD. SO LET ME JUST TAKE THE DISAPPROVAL SCENARIO. IF, IF WE DISAPPROVE BASED ON THE REASONS THAT SET FORTH AN ATTACHMENT THREE, UM, AND THEY FILE A WRITTEN RESPONSE, AND IF YOU'RE, IS THERE ANY REQUIREMENT THAT WE HAVE TO SIGN OFF ON IT AT ANOTHER MEETING BY STATE LAW? IN OTHER WORDS, THAT'S WHAT I'M TRYING TO DIFFERENTIATE, WHETHER IT WOULD HAVE TO COME BACK BECAUSE OF THE DISAPPROVAL TO GO GET TESTIMONY ON THE RECORD FROM BOTH SIDES AGO WE'VE DONE IT. OR DOES, DOES THE ORDINANCE IN STATE LAW ALLOW YOU, AS I THINK WE HAVE TALKED ABOUT, I JUST WANNA BE CLEAR THAT IF THEY PROVIDE ALL THE EVIDENCE IN RESPONSE TO THE WRITTEN, THEIR WRITTEN RESPONSE AND THE EVIDENCE THAT IT MEETS, AND THEY'VE CORRECTED ALL THOSE, JUST WHAT HAPPENS, WHAT'S WHAT HAPPENS IN THAT SCENARIO? IN, IN THE CURRENT STATE LAW, WHICH IS RELATIVELY NEW IN THE CURRENT STATE LAW, THERE IS NO ABSOLUTE REQUIREMENT FOR ANY PLAT TO COME BEFORE THE PLANNING AND ZONING COMMISSION BECAUSE IT'S TYPICALLY VERY MINISTERIAL. MM-HMM . UM, DEPENDING ON HOW THE CITY ORDINANCES ARE SET UP, THAT IS WHAT REQUIRES IT TO COME EITHER TO THE COMMISSION OR IF IT REMAINS IN STAFF AND OUR CITY, PRELIMINARY PLATS DO COME TO THE COMMISSION. UM, AND SO THAT'S, THAT'S WHERE WE'RE AT. BUT NO, STATE LAW DOES NOT REQUIRE IT TO COME BACK TO THIS COMMISSION FOR ANY SCENARIO. AND UNLESS, UNLESS, UNLESS THE COMMISSION ASKS FOR IT TO COME BACK, THEN, THEN STATE LAW REQUIRES IT. OR IF THERE'S A DI LET'S SAY THERE'S A DISAGREEMENT ABOUT WHETHER IT'S BEEN MET OR NOT, THAT MIGHT BE A REASON TO BRING IT BACK BEFORE THE COMMISSION OR I, I'M JUST KIND OF ASSUMING WORST CASE SCENARIO, 'CAUSE WE'RE GONNA MAKE A MOTION AND MAKE, TAKE SOME ACTION TONIGHT. AND I WANT EVERYBODY, THE PUBLIC TO UNDERSTAND WHY WE DO WHAT WE DO. THIS IF ON THIS, IF THE, IF THE APPLICANT DISAGREES, THEY HAVE TWO REMEDIES. ONE, THEY FOLLOW THE STATE LAW AND CONTACT SURE. WHATEVER STATE ENTITY IS GOVERNING THIS NOW, WHICH I BELIEVE IS THE ATTORNEY GENERAL'S OFFICE, BUT I MAY BE INCORRECT. LUCKILY I'M NOT THE ONE THAT HAS TO FILE THAT. SO MM-HMM . THEY, THEY, THEY, THEY, THEY GET TO DO THAT RESEARCH. THE OTHER ITEM OR OPTION THEY HAVE IS ON PRELIMINARY PLATS. THEY DO HAVE THE OPTION TO APPEAL TO CITY COUNCIL IF THEY DISAGREE FOR REASON, YOU KNOW, UM, TYPICALLY IT'S A PROCESS ERROR WHEN THEY APPEAL. SURE. UM, WELL, I'M, I'M LOOKING SPECIFICALLY AT THE SCENARIO WHERE THEY BRING BACK THEIR RESPONSE AND EVIDENCE AND YOURSELF AND THE CITY ENGINE LOOK AT IT AND GO, THAT STILL DOESN'T GET US THERE. SO THAT'S THE ONE IS WHERE, WHERE DO THEY GO? DO THEY, IS IT US IT, IS IT COUNCIL? IT'S, IT'S EITHER COUNSEL OR, OR THE STATE. OKAY. THAT'S WHAT I WANTED TO KNOW. THANK YOU. THANK YOU MR. WALLACE. MR. FERRA, THE KIND OF PIGGYBACK ON THAT, UH, YOUR RECOMMENDED MOTION IS TO DISAPPROVE CORRECT THE ISSUES THAT ARE BEYOND THE ATTACHMENT. AND THE SECOND PART OF THAT IS TO DELEGATE, BUT WE DON'T NECESSARILY HAVE TO DELEGATE. WE COULD SEE IT AGAIN AFTER YOU'VE, AFTER THEY'VE PROVIDED THEIR WRITTEN RESPONSE AND EVIDENCE. THERE IS THAT OPTION. CORRECT. THANK YOU, MR. FERRAR. ANYONE ELSE? QUESTIONS, DISCUSSION? NOT, I'LL ALSO ENTERTAIN A MOTION, MR. WALLACE [01:40:08] TRYING TO, UM, YEAH, I'LL GO AHEAD AND MAKE A MOTION AND THEN WE CAN DISCUSS THE MOTION. I THINK THAT'S THE TECHNICAL WAY TO DO IT. AND I GIVE OUR THOUGHTS ON THE MOTION A AFTER A SECOND. AFTER A SECOND. YEAH. YEAH, YEAH. YES. THANK YOU. YEAH. AND FAITH IN A SECOND. UH, SO I'LL MAKE A MOTION TO DISAPPROVE THE PRELIMINARY PLAT REQUEST NUMBER P DASH 23 DASH OH ONE FOR THE REASONS SPECIFIED IN ATTACHMENT THREE OF THE STAFF REPORT AND, UH, TO DELEGATE TO THE CITY PLANNER AND THE CITY ENGINEER THE AUTHORITY TO APPROVE OR DISAPPROVE THE PLAT IF THE APPLICANT SUBMITS A WRITTEN RESPONSE WITH THE APPROPRIATE EVIDENCE TO THE, TO THE COMMI RESPONSE WITH EVIDENCE TO THE COMMISSION'S DISAPPROVAL OF THIS PLAT IN ACCORDANCE WITH STATE LAW. THANK YOU MR. WALLACE. DO WE HAVE A SECOND? MR. RAMSEY? I'LL SECOND IT. THANK YOU MR. RAMSEY. AND THEN DISCUSSION ON THE MOTION. YES. SO IT'S PROBABLY GOOD FOR ME TO MR. SORRY, MR. I DIDN'T SEE THE GREEN. UM, SO I AM CONCERNED ABOUT THE PRECEDENT ON PRELIMINARY PLATS AND I THINK STAFF'S MOTION ON THE DISAPPROVAL IS THE RIGHT WAY TO GO. AND I JUST NEEDED TO WALK THROUGH THE APPROVAL WITH CONDITIONS. THIS IS A PRETTY, UM, PRETTY LARGE DEVIATION. I MEAN, WE'RE WITH THE FLOODPLAIN STUFF AND I GET THAT IT'S COMPLICATED. UM, AND WE'VE GOT A LOT OF DETAIL FROM THE CITY ENGINEER AND THE CITY PLANNER ABOUT THE REASONS IN ATTACHMENT THREE. UM, AND I BELIEVE, UM, AND I'M GONNA GIVE YOU SOME REASONS WHY, BUT I THINK IT'S APPROPRIATE TO DELEGATE THIS TO THOSE TWO FOLKS, THE CITY PLANNER AND CITY ENGINEER, TO, UH, APPROVE OR DISAPPROVE. AND I'M GONNA SAY, SOMEBODY SAID EARLIER, AND I APPRECIATE IT, IS, YOU KNOW, OUR RESPONSIBILITY IS COMMISSIONERS AND IT'S, A LOT OF PEOPLE DON'T THINK THIS, BUT WE ACTUALLY TAKE AN OATH WHEN WE GET SWORN IN, RAISE OUR RIGHT HAND. AND, YOU KNOW, WE HAVE TO FOLLOW WHAT STATE LAW SAYS. OF COURSE, THE US CONSTITUTION, NOT TOO MANY CONSTITUTIONAL ISSUES COME HERE. UM, BUT THEN, YOU KNOW, CONSTITUTION OF THE STATE OF TEXAS AND STATE LAWS AND THEN OUR ORDINANCES. AND SO A LOT OF THE THINGS, AND IT'S, IT'S HARD TO UNDERSTAND ARE REALLY NOT A LOT, A LOT OF THE TIMING AND THE REQUIREMENTS AROUND PLATS AND THE DEVELOPMENT OF PROPERTY HAS BEEN DICTATED BY THE STATE LEGISLATURE. AND IT'S BECAUSE, AND THIS GOES BACK 20 15, 20 YEARS WHEN THEY STARTED CHANGING THIS. AND BACK WHEN I WORKED AT THE CITY OF FORT WORTH WHERE THEY CAME IN BECAUSE CITIES WERE CHANGING THE RULES TOO MUCH ON DEVELOPERS. AND THE DEVELOPERS SAID, IT'S NOT FAIR. WE CAN'T DEVELOP OUR PROPERTY. AND SO THEY SAID, CITIES, YOU NEED TO TELL 'EM EXACTLY WHAT IT IS AT THIS TIME. AND WE'VE HAD SEVERAL ITERATIONS OF LAW CHANGES, INCLUDING THE ONE THAT MR. HOWARD DESCRIBED THAT PUTS US ON A 30 DAY WINDOW, WHICH PUTS A TON OF PRESSURE ON DEVELOPERS, ENGINEERS, AND CITY PLANNERS AND ENGINEERS TO TRY AND GET EVERYTHING RIGHT. UM, AND THIS ONE'S A LITTLE COMPLICATED BECAUSE OF THAT FLOODPLAIN, BUT WE BALANCE THE INTERESTS ULTIMATELY OF ALL THE PROPERTY OWNERS. AND, YOU KNOW, I I, 20 YEARS AGO, I WAS THE FIRST HOUSE BOUGHT A SPEC HOME IN LA BANDERA. AND YOU KNOW, MY YOUNGEST IS 20 AND MY OTHER, MY OLDEST IS, WHAT IS HE NOW? 22? I DON'T KNOW, 23. HE'S OLDER THAN I THINK HE IS. AND WE WERE OUT THERE WHEN THERE WAS SNOW AND NO HOUSES AND DEER AND EVERYTHING ELSE. BUT AS SOON AS THEY STARTED PUTTING LOTS, I MEAN, THE STUFF CHANGES. AND YOU KNOW, WE, WE, AS MUCH AS I PEOPLE CITY COUNCIL PASSES, TREE ORDINANCES AND WE DO ALL THOSE THINGS THAT WE CAN, YOU KNOW, IT'S STILL SOMEBODY ELSE'S PROPERTY. JUST LIKE YOU WOULDN'T WANT US TO COME TELL YOU WHAT TO DO NECESSARILY WITH YOUR PROPERTY. AND SO, AGAIN, WHEN WE LOOK AT ALL THIS, I WILL COMMEND, WE HAVE SOME OF THE BEST STAFF IN THE STATE OF TEXAS AT TRYING [01:45:01] TO BE FAIR AND EQUITABLE TO EVERY PARTY AND TO MAKE SURE PEOPLE ARE COMPLYING WITH LAWS THAT WE HAVE PUT IN PLACE. AND SOMETIMES WE DON'T LIKE ALL THOSE LAWS. I'LL BE HONEST, THERE'S A LOT ABOUT SOME OF THE TREE ORDINANCES THAT ARE AROUND THAT I DON'T LIKE. BUT IF YOU REALLY WANT TO KNOW THE TRUTH OF IT, IF WE PUT IN REALLY, REALLY HARD TREE LAWS, THEN THAT'S CONSIDERED IN SOME WAYS THEY CAN SUE AND CONSIDER THAT A TAKING OF THEIR LAND WHERE YOU'RE SAYING YOU CAN'T EVEN USE IT FOR THIS BECAUSE, YOU KNOW, YOU CAN'T EVEN, SO IT IS, THERE'S SO MANY COMPETING INTERESTS AND I DON'T KNOW THAT ANY OF US ARE ALWAYS GONNA AGREE ON EVERY LAW. UM, AND YOU KNOW, I HATE THAT THEY CLEAR CUT PART OF TEAM RANCH RECENTLY WHERE THERE USED TO BE DEER WHEN I USED TO GO OUT THERE AND WALK. BUT THEY DID IT. AND IT'S, THEY'RE RIGHT AS AN, YOU KNOW, A LANDOWNER. AND I'LL JUST SAY THIS, I APPRECIATE THE WILLINGNESS OF THIS DEVELOPER TO GO FROM 18 TO FIVE. MOST DEVELOPERS WOULDN'T CARE, I'LL BE HONEST WITH Y'ALL. AND WE WOULDN'T HAVE, IF THEY SUBMITTED EVERYTHING THAT, THAT WE NEEDED, HAD THEY GIVEN US THE CORRECT ENGINEERING PLAN, HAD THEY GIVEN US EVERYTHING ON ATTACHMENT THREE, IF WE SAID NO, WE WOULD GET SUED IN COURT AND HAVE TO PAY THEIR ATTORNEY'S FEES. THAT'S WHAT THE STATE LAW SAYS. NOW, AGAIN, YOU KNOW, IT'S JUST ONE OF THOSE THINGS. SO MANY TIMES WE'RE SO, WE'RE SO, YOU KNOW, FAR FROM WHENEVER THAT STATE LAW PASSED RIGHT NOW, AND IT'S JUST HARD TO SEE HOW WE GOT HERE. BUT I JUST WILL SAY OUR COMMISSIONERS AND OUR STAFF REALLY DO CARE. AND WE TRY TO LOOK AT ALL OF THOSE, BUT WE ALSO WANNA BE FAITHFUL TO WHAT WE'RE REQUIRED TO DO BY THE STATE LAW AND BY OUR ORDINANCES. AND, YOU KNOW, I HAVE CONFIDENCE IN OUR STAFF 'CAUSE THEY DO THIS ON A FREQUENT BASIS TO MAKE SURE THAT WE GET ALL THE RIGHT EVIDENCE PROVIDED TO US AND THAT WE GO THROUGH THAT AND AS THEY SAID ON THE LMER AND THAT FEMA STUFF, IF IT'S, IF IT'S DONE IN A YEAR, I'D BUY THAT MAN A BURGER. 'CAUSE I DON'T THINK HE'S GONNA GET IT DONE THAT QUICK. I MEAN, IT JUST TAKES TIME FOR SOME OF THIS STUFF. SO, UM, ANYWAY, THAT'S MORE THAN I SHOULD HAVE SAID, BUT NOW YOU KNOW WHY I MADE THE MOTION. THANK YOU MR. WALLACE. MR. LOGAN. YEAH, I I THINK YOU SAID A LOT OF WHAT I WANTED TO SAY. UM, A A AGAIN, I APPRECIATE EVERYTHING THAT EVERYONE'S SAYING, RIGHT? AND I THINK, UH, I SHARE SOME OF THE SAME SENTIMENTS. I ALSO LIVE IN A PROPERTY WHERE I HAVE A, I CALL IT A GREEN BELT, BUT TECHNICALLY IT IS A PROPERTY THAT'S, UH, ZONED RESIDENTIAL. AND SOMEDAY SOMEONE COULD COME IN AND BUILD SOMETHING THERE. AND I UNDERSTAND HOW I WOULD FEEL IF THAT HAPPENED AS WELL. SO DEFINITELY UNDERSTAND, UH, WHERE YOU GUYS ARE COMING FROM AND, AND HERE YOU GUYS, UM, I THINK YOU MADE IT REALLY CLEAR, UM, THE FACT THAT WE COULD COME BACK FOR ANOTHER MEETING. UM, IF, IF THEY MEET ALL THESE REQUIREMENTS, WE COULD COME BACK AND HEAR, YOU KNOW, WHAT THEY HAVE TO SAY. BUT WE ACTUALLY HAVE NO DISCRETION IN THIS MATTER. YOU KNOW, I HEAR WHAT YOU YOU'RE SAYING AND IT'S, YOU KNOW, IT'S A SHAME, RIGHT? IT, IT FEELS THAT WAY, UH, TO, TO LOSE THOSE TREES AND THINGS. BUT THEY, AGAIN, AS PROPERTY OWNERS HAVE THAT, UH, ABILITY TO DO THAT. UH, IT'S, IT'S THEIR, IT'S THEIR RIGHT AS WELL. SO, UM, THERE ARE STILL THINGS THAT YOU CAN TAKE. I MEAN, YOU CAN TALK TO YOUR CITY COUNCIL ABOUT PASSING ORDINANCES, BUT AGAIN, YOU KNOW, ORDINANCES HAVE TO BE IN, UM, ACCORDANCE WITH STATE LAW AS WELL. YOU GOTTA BE CAREFUL ABOUT TAKING, LIKE HE WAS TALKING ABOUT MAKING THINGS TOO STRICT TO WHERE PROPERTY OWNERS CAN'T DO THINGS WITH THEIR PROPERTIES. I, I'M JUST THROWING OUT THINGS THAT THERE ARE STEPS THAT YOU GUYS CAN TAKE, YOU KNOW, TALK TO YOUR CITY COUNCIL ABOUT, UM, WHAT ARE SOME OF THOSE, WHAT SOME, SOME OF THOSE OPTIONS MIGHT BE. UM, I WOULDN'T MIND SEEING THIS AGAIN. UM, THAT'S, I MEAN, JUST, JUST TO TALK THROUGH THE MOTION. UM, BUT AGAIN, IF THEY CAME AND THEY APPROVED, THEY HAD EVERYTHING IN PLACE, AGAIN, IT'S, IT IS NOT A MATTER OF US SAYING, WELL, I JUST DON'T WANT HER DO IT. IT'S, IT WOULD HAVE TO BE APPROVED TO PROTECT THE CITY AND TO, YOU KNOW, TO BE A PART OF STATE LAW. SO, UM, I, I COULD BE CONVINCED TO GO ALONG WITH THAT MOTION OR I WOULD BE, UH, INTERESTED MAYBE IN A SECONDARY MOTION WITH JUST THE APPROVAL OR SORRY, JUST THE DISAPPROVAL. UM, AND THEN HAVING THIS COME BACK. SO I COULD GO EITHER WAY ON THAT. THANK YOU. THANK YOU MR. LOGAN. MR. RAMSEY, ARE WE TALKING ABOUT REINTRODUCING A EMOTION OR NO? WHAT? NO, NOT YET. YOU DIDN'T? NO, NO. THERE'S BEEN A MOTION IN A SECOND. HAD A SECOND. SECOND. UM, I'D [01:50:01] JUST LIKE TO SAY SOMETHING TO THE CROWD REAL QUICK. UM, REALLY APPRECIATE YOU GUYS COMING OUT. THIS IS WHAT GOVERNMENT'S SUPPOSED TO BE. UM, WE'RE NOT PAID TO BE UP HERE. WE'RE ALL, WE'RE VOLUNTEERS. WHAT ? OH, YOU DIDN'T GET YOUR CHECK. UM, WE LIVE IN THE CITY OF BENBROOK. I LIVE IN, UM, WHITESTONE HEIGHTS. MY BACKYARD OPENS UP TO ABOUT 400 ACRES OF OPEN LAND. UM, I FEED DEER EVERY DAY. IF YOU FEED DEER, GIVE 'EM CARROTS. THEY LOVE CARROTS. UM, THEY'LL EAT THE CORN, BUT THEY LOVE CARROTS. UH, WE GOT FOUR TURKEYS, ONE MAMA AND THREE BABIES RUNNING AROUND A COUPLE OF ROAD RUNNERS. UM, PROBLEM IS RIGHT BEHIND MY PROPERTY. IT'S ZONED HIGH DENSITY MULTIFAMILY. AND I KNEW THAT WHEN I MOVED THERE, WHICH MEANS THE PROPERTY OWNER COULD PUT UP A THREE STORY APARTMENT BUILDING RIGHT BEHIND MY HOUSE. AND EVEN SITTING ON THIS BOARD, I CAN'T TOUCH HIM. WE HAVE TO FOLLOW RULES. AND MOST OF Y'ALL KNOW HOW STRICT TEXAS IS ON PERSONAL PROPERTY. THEY CAN'T SAY, WELL, YOU CAN'T DO THAT BECAUSE I DON'T LIKE WHAT YOU'RE DOING. YOU HAVE TO HAVE RULES AND REGULATIONS FOR THAT. IF, IF THERE'S NOT A PUBLIC HEARING. OKAY, MA'AM, IF I CAN TAKE, MA IF I CAN TAKE A ORDER, PLEASE MA'AM, IF I CAN. PLEASE. THANK YOU. HAVE A ORDER. UM, WHEN I MOVED INTO MY HOUSE, MY REALTOR TOLD ME THERE WAS A NATURAL GAS LINE BEHIND MY HOUSE AND NOTHING WOULD EVER GET BUILT. GUESS WHAT? SHE LIED. SO PEOPLE LIE TO SELL HOMES. I'VE BEEN ON THIS BOARD FOR OVER 20 YEARS RIGHT NOW, AND I WISH THAT THE DEVELOPER BEHIND ME WAS AS CONSCIENTIOUS AS THESE TWO COMING IN TO WORK WITH THE HOA TO WORK. I COULD PROBABLY TALK HIM OUT OUT OF BUILDING A THREE STORY APARTMENT BUILDING. YOU DON'T KNOW TILL YOU ACTUALLY TALK, BUT WE DO APPRECIATE YOU GUYS SHOWING UP. IT, IT MAY SEEM LIKE WE DON'T, WE DON'T CARE, BUT WE DO. WE HAVE PEOPLE'S PERSONAL PROPERTY HERE AND OTHER PEOPLE HERE, AND WE GOTTA FIND THE MIDDLE. SOMETIMES THE MIDDLE LEANS ONE WAY, LEANS THE OTHER WAY. THANK YOU. THANK YOU MR. RAMSEY. AND JUST THERE ANYONE ELSE? MR. FERRARA, YOU WANTED TO THANK COMMISSIONER WALLACE FOR PUTTING TOGETHER A NICE SPEECH. I THINK, UH, COMMISSIONER LOGAN AND I AGREE THAT'S THANK YOU. THAT'S WHAT WE'D LIKE TO SAY. BUT, UH, ALSO, UH, WHAT, WHAT COMMISSIONER LOGAN SAID, I I WOULDN'T MIND SEEING IT AGAIN. SO I'M OPEN TO THAT IDEA. THANK YOU MR. FERRAR. MR. LOGAN? YES. I HAD A, A QUESTION ON THAT PROCEDURE. SO IF I MADE ANOTHER MOTION, WE'D HAVE TWO MOTIONS ON THE TABLE OR DO WE HAVE TO VOTE ON THE FIRST FIRST MOTION? FIRST MOTION TO AMEND MINE. EITHER AMEND IT OR, OR, OR, UH, DENY THIS ONE. AM I CORRECT MR. MR. HOWARD? THAT'S CORRECT. OKAY. THAT'S CORRECT. SO HAVING SAID THAT, THAT I HAVE A QUESTION, MR. HALL, IF WE VOTE ON MINE AND IT PASSES, THEN IT PASSES AS IS? THAT IS CORRECT. IF WE VOTE ON MINE AND IT FAILS, THEN WE HAVE TO MAKE ANOTHER MOTION. THAT IS CORRECT. THANK YOU. MR. WALLACE. MR. ELLISON? YEAH, I WOULD JUST RECOMMEND THE COMMISSION THAT UNLESS THERE IS A, UM, REAL SUBSTANTIVE REASON THAT WE WANT TO SEE IT BACK, THAT WE DON'T GO THROUGH THAT. THAT WE DON'T GO THROUGH THAT PROCESS. I THINK IT SEEMS LIKE THE THINGS THAT ARE ON SCHEDULE THREE APPEAR TO BE PRETTY, UH, TO USE THAT TERM, MINISTERIAL IN NATURE. SO UNLESS THERE'S SOMETHING THAT, THAT FOLKS CAN BRING UP THAT I JUST DON'T SEE THE NEED TO BRING A PRELIMINARY PLAT BACK HERE. THANK YOU MR. ELLISON. MR. LOGAN? YEAH. AND, AND I THINK I AGREE WITH WHAT YOU'RE SAYING. I MEAN, I DON'T THINK IT'S PUTTING A UNDUE BURDEN ON ANYBODY TO REQUIRE ANOTHER 'CAUSE IT'S A 15 OR 30 DAY WINDOW, WHATEVER THAT WINDOW IS, YOU KNOW, SO IT'S NOT REALLY GONNA DELAY THINGS BY A, A LOT. BUT, UM, ON THE OTHER HAND, THERE ARE WAYS FOR ANYBODY HERE WHO IS INTERESTED IN KNOWING WHAT THE PROCESS IS, I BELIEVE THEY CAN COME TO MR. HOWARD AND, AND GET AN UPDATE ON THAT PROCESS AS WELL. IT DOESN'T HAVE TO BE IN A PUBLIC HEARING LIKE THIS. IS THAT CORRECT? YEAH, THAT IS CORRECT. THAT IS CORRECT. EVERYTHING THAT, UH, COMES INTO MY OFFICE AS AN APPLICATION IS OPEN TO THE PUBLIC FOR REVIEW. SO ANYBODY CAN COME IN AND SAY, HEY, I WANNA LOOK AT THAT FILE AND I WILL SHOW YOU THE FILE. I THANK YOU MR. LOGAN. IS THERE ANYONE ELSE HAS ANY FURTHER DISCUSSION? MR. RAMSEY? ALRIGHT, MR. HOWARD, UM, SAY IN THE NEXT 15 DAYS, HE DOES CHECK OFF ALL THESE BOXES AND HE BRINGS IT TO YOU AND SAYS, HERE YOU GO. AND YOU GO, OKAY, HE LOOKS GOOD, GOOD ENOUGH. HE STILL HAS TO WAIT FOR FEMA TO FINISH WITH ALL THEIR, [01:55:01] AND THEN I'M WITH THE OTHER COMMISSIONER. IT'S GONNA TAKE A LOT LONGER THAN A YEAR. I CAN PROBABLY SAY AGAIN, THE APPROVAL OF A PRELIMINARY PLAT BY THE COMMISSION OR STAFF OR, OR ANYBODY WHO DOES IT. THE APPROVAL OF A PRELIMINARY PLAT IS JUST DEEMED AN EXPRESSION THAT THE LAYOUT IS APPROVED. IT'S THERE FOR A GUIDE SO THAT THEY SAY, OKAY, THIS IS THE GENERAL WAY WE'RE GOING TO DEVELOP. LET'S SPEND A LOT MORE MONEY ON FINAL PLANS AND PROVE THAT WE CAN ACTUALLY DEVELOP. SO THIS IS MORE, IT'S NOT AS, 'CAUSE AGAIN, THE ENGINEER WILL SAY, HOW DARE YOU DEMEAN THAT? BUT IT'S CONCEPTUAL IN NATURE. UM, IT'S NOT THE FINAL. AN APPROVAL OF THE PRELIMINARY PLAT DOES NOT CONSTITUTE EXCEPTION OF THE SUBDIVISION. IT'S MERELY AN AUTHORIZATION TO PROCEED WITH THE PREPARATION OF THE FINAL PLAT AND CIVIL DRAWINGS FOR RECORD. THANK YOU MR. HOWARD. THANK YOU MR. RAMSEY. MR. WALLACE. SO IF THEY MEET EVERYTHING, THEY STILL HAVE TO ON FINAL PLAT, HAVE OUR ENGINEERS SIGN OFF THAT EVERYTHING HAS BEEN MET. 'CAUSE WHAT YOU SAID WAS, THIS IS A KIND OF, WE THINK YOU'RE IN GOOD PLACE, , BUT THE FINAL PLAT STILL HAS TO BE SIGNED OFF BY EVERYBODY. THAT IT DOES MEET EVERY PART OF THOSE THAT THEY'VE GOT THE LOAN WHERE THEY'VE GOT, CORRECT? THAT IS CORRECT. ALRIGHT. THANK YOU MR. WALLACE. ANYONE ELSE HAS ANY DISCUSSION, COMMENTS ABOUT THE COMMISSION? IF NOT, I THINK WE'RE AT THE POINT OF MAKING, UH, A VOTE ON THE, UH, MOTION. AND THE MOTION IS BASICALLY, UH, AS, UH, IT'S NOTED IN OUR STAFF REPORT PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. AND, UH, IT APPROVED. IT'S, IT'S APPROVED. UH, THERE'S, I'M SORRY. I'M SORRY. I'M SORRY. IT'S THIS APPROVED. THANK YOU. THE MOTION IS APPROVED. YES. YES. THE MOTION IS APPROVED AS RECOMMENDED BY THE STAFF. YES. UH, BUT AT LEAST YOU HAVE NOW A, A CHECKLIST TO WORK WITH. AND, UH, CONGRATULATIONS FOR THAT SO YOU CAN MOVE FORWARD FROM THIS POINT ON. OKAY. AND, UH, I THINK, AND THERE'S, UH, NOTHING ELSE UNLESS THERE'S ANY COMMENTS, NOT WE ARE [VI. ADJOURNMENT] ADJOURNED. THANK YOU VERY MUCH FOR COMING HERE TONIGHT. * 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.