[00:00:04]
>> [NOISE] GOOD EVENING, EVERYONE. IT JUST TURNED 6:30 PM,
[ Planning & Zoning Commission Meeting Agenda City Hall Council Chambers 141 W. Renfro Burleson, TX 76028 ]
I'M GOING TO GO AHEAD AND CALL TO ORDER THE BURLESON PLANNING AND ZONING MEETING FOR NOVEMBER 16TH.I'LL GO AHEAD AND DO THE INVOCATION TONIGHT.
IF YOU'LL BOW YOUR HEADS, PLEASE.
DEAR HEAVENLY FATHER, JUST WANT TO THANK YOU FOR ALLOWING US TO COME HERE.
I PRAY FOR WISDOM AND KNOWLEDGE FOR THE DECISIONS TO BE MADE TODAY FATHER, THE BENEFIT OF BURLESON, TO KEEP EVERYBODY SAFE.
I PRAY FOR POLICE AND FIRST RESPONDERS.
I PRAY FOR THE MILITARY AND OUR COUNTRY THAT YOU WATCH OVER AND TAKE CARE OF EVERYBODY WITH THAT, WE THANK YOU FOR ALL YOU'RE DOING, WE PRAY IN YOUR NAME.
AMEN. YOU'LL STAND FOR THE PLEDGE, PLEASE.
WE HAVE OUR CITIZEN APPEARANCES.
THESE ARE THINGS THAT ARE NOT ON THE AGENDA.
IF YOU WOULD LIKE TO COME UP AND SPEAK ON SOMETHING THAT IS NOT ON THE AGENDA, YOU'RE WELCOME TO DO SO.
JUST PART OF THE HOUSEKEEPING MATTERS, WHEN YOU COME UP TO SPEAK AT THE PODIUM, IF YOU'LL GIVE YOUR NAME AND ADDRESS, PLEASE WHEN YOU DO THAT.
I BELIEVE EVERYONE'S HERE FOR SOMETHING ON THE AGENDA SO WE CAN GO AHEAD AND MOVE TO THE CONSENT AGENDA.
[2. Consent Agenda All items listed below are considered to be routine by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of the items unless a Commissioner or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the Development Services Director to place each item on the City Council agenda in accordance with the Planning and Zoning Commission's recommendations.]
THESE ARE JUST TWO ITEMS. THERE'S THE MINUTES FROM THE LAST MEETING AND THEN THE DATES FOR THIS I GUESS NEXT FULL YEAR.I HOPE EVERYBODY HAD A CHANCE TO LOOK AT THAT, BUT IF SOMEBODY WOULD LIKE TO TALK ABOUT THAT, WE CAN PULL IT OFF.
OTHERWISE, I WILL ENTERTAIN A MOTION FOR THE CONSENT AGENDA.
>> I'M IN A MOTION TO APPROVE THE CONSENT AGENDA.
>> I HAVE A MOTION MADE BY DAN AND A SECOND BY CHRIS, ALL IN FAVOR IF YOU RAISE YOUR HAND, THAT'S UNANIMOUS.
MOVE ON TO THE PUBLIC HEARINGS, WHICH THE FIRST ONE IS PUBLIC HEARING 3A THE
[A. Ordinance Modification for text amendments to Section 7-2 of Article VII – Business Park Design Standards of Appendix C, and Sections 10-600 and 10-601 of Chapter 10 of the Code of Ordinances of the City of Burleson (Case 21-149): Hold a public hearing and consider an ordinance amendment to eliminate the masonry waiver process, with the exception of the Old Town Overlay District, as defined and modify the masonry definition.]
ORDINANCE MODIFICATION FOR THE TEXTS AMMENDMENTS TO SECTION 7 _TO ARTICLE 7 BUSINESS PARK DESIGN STANDARDS OF APPENDIX C AND SECTIONS 10610601 OF CHAPTER 10, THE CODE OF ORDINANCES OF THE CITY OF BURLESON, CASE 21149, TO HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDMENT TO ELIMINATE THE MASONRY WAIVER PROCESS, WITH THE EXCEPTION OF THE OLD TOWN OVERLAY DISTRICT, AS DEFINED AND MODIFY THE MASONRY DEFINITION.FOR THE RECORD, LIVE IN PARIS DEVELOPMENT SERVICES PLANNER, CITY OF BURLESON.
THIS IS A ORDINANCE FOR AMENDMENT TO OUR MASON MAY CHAPTER 10, AS WELL AS OUR OLD TOWN OVERLAY DISTRICT.
WE BRIEFLY TOUCHED BACK IN SEPTEMBER WE TALKED ABOUT THE COMMERCIAL SITE PLANS THAT WE'D BE BRINGING THIS BACK FOR FURTHER PRESENTATIONS.
JUST TO GIVE YOU A LITTLE HISTORY, CHAPTER 10 IS OUR CHAPTER THAT GOVERNS OUR MASONRY ORDINANCE REQUIREMENTS.
CURRENTLY AS WRITTEN, IT IMPLIES TO THE ENTIRE CITY AND SPECIFIC OVERLAYS WITHIN OUR CODE.
AS YOU KNOW, IT HAS CERTAIN PERCENTAGES ARE REQUIRED BASED ON THE DISTRICT, AND IT ALSO RESTRICTS AND PROHIBITS CERTAIN TYPES OF MATERIAL THAT DOES NOT RECOGNIZE THOSE AS MASONRY MATERIALS.
CURRENTLY, WAIVERS ARE REQUIRED FOR THESE REQUESTED, RESTRICTED, OR PROHIBITED MATERIALS ARE IF THEY'RE NOT IN COMPLIANCE WITH OUR STANDARDS.
IN SEPTEMBER OF 2019, THE LEGISLATURE PASSED THE HOUSE BILL 2439 ESSENTIALLY LIMITED OR PROHIBITED US FROM NOT ALLOWING CERTAIN MATERIALS WITHIN THE CITY AS LONG AS THEY WERE IN A PUBLISHED IRC IBC CODE WITHIN THE LAST THREE YEARS.
THIS HOUSE BILL SETS THE STANDARDS FOR THE CITY AS FAR AS WHAT WE ARE ALLOWED TO DO THERE.
THE MAIN THING THAT I REALLY WANT TO EMPHASIZE THERE IS, IN THAT HOUSE BILL, THERE IS A PROVISION THAT ALLOWS IT TO NOT APPLY FOR A BUILDING THAT'S LOCATED IN A PLACE OR AN AREA THAT'S BEEN DESIGNATED SPECIFICALLY AS HISTORICAL, CULTURAL, OR ARCHITECTURALLY IMPORTANT OR SIGNIFICANT.
A MUNICIPALITY MAY REGULATE THAT PLACE OR AREA UNDER SECTION 211-033 BRAVO OF THE LOCAL GOVERNMENT CODE, AS LONG AS THAT AREA OR PLACE WAS DESIGNATED BEFORE APRIL 1ST, 2019.
IN THE CITY OF BURLESON IN 1996, CITY COUNCIL APPROVED THE CREATION OF OLD TOWN OVERLAY DISTRICT.
IN THAT DISTRICT EXPLICITLY CALLS OUT THAT IT'S ENCOURAGED TO PRESERVE AND DEVELOP ARCHITECTURAL USES THAT HAD BEEN DETERMINED AS BEING HISTORICALLY AND CULTURALLY SIGNIFICANT TO THE CITY.
WHAT THAT ESSENTIALLY MEANS IS THAT AREA WOULD
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BASED OFF STAFFS INTERPRETATION AND ADVISEMENT OF LEGAL COUNCIL MEETS HOUSE BILL 2439'S PROVISION FOR US TO ALLOW AND PROHIBIT MASONRY MATERIALS IN OUR OLD TOWN OVERLAY DISTRICT.IN OCTOBER OF THIS YEAR, STAFF MET WITH CITY COUNCIL AND WE WERE DIRECTED TO AMEND THE ORDINANCE FOR THE FOLLOWING.
THEY DIRECTED STAFF TO ELIMINATE THE WAIVER PROCESS IN CHAPTER 10, ALSO THERE WAS DISCUSSION AND WE WERE DIRECTED TO REVISE A MASONRY DEFINITION IN OUR CODE, ESSENTIALLY ALLOWED US TO ADD A COUPLE ADDITIONAL MATERIALS.
SOME OF THESE STANDARDS ARE WRITTEN IN THE PAST AND HOW MASONRY IS IMPROVED OVER THE YEARS, FELT THAT THOSE WERE ALLOWABLE.
SPECIFICALLY A CMU, SPLIT FACE, CONCRETE MASONRY UNITS, ETHERS, AND THEN STAFF ADDED THE CLAP BOARD WITH A 50-YEAR WARRANTY.
THAT'S BECAUSE THERE'S SOME CONFLICTS IN OUR CODE WITH DEFINITIONS NOT SINKING UP.
STAFF IS ADDED THOSE TO THE DEFINITION AND MADE ALL OUR DEFINITIONS RELATED TO MASONRY CONSISTENT.
THE OTHER SIGNIFICANT CHANGE IS THAT WE CHANGED THE APPLICABILITY OF CHAPTER 10, WHICH IS OUR MASONRY STANDARDS IN THE WAIVER PROCESS SO THAT IT'S ONLY APPLICABLE TO THE OLD TOWN OVERLAY DISTRICT, WHICH AS I COVERED, WE BELIEVE WE CAN REGULATE MASONRY MATERIAL IN THAT AREA, ANY BUILDING, OR DEVELOPMENT IN THE OVERLAY DISTRICT.
I'M HERE FOR ANY QUESTIONS YOU HAVE ABOUT THAT.
THE KEY TO REMEMBER IS THAT ALL WE'RE ESSENTIALLY DOING IS REMOVING THE WAIVER PROCESS FOR THE ENTIRE CITY EXCEPT FOR THE OLD TOWN OVERLAY DISTRICT.
BECAUSE THOSE PROVISIONS MEET THE CAVEAT AND HOUSE BILL 2439 THAT WE CAN REGULATE MATERIALS BECAUSE OF ITS ARCHITECTURAL, CULTURAL, AND HISTORICAL SIGNIFICANCE IN THAT AREA.
AT THIS TIME, I JUST REQUEST YOU WOULD OPEN THE HEARING AND IF YOU HAVE ANY QUESTIONS STAFF IS STANDING BY.
>> PERFECT. THANK YOU VERY MUCH.
THIS IS A PUBLIC HEARING, SO LET ME GO AHEAD AND OPEN IT AT 6:37.
IF ANYBODY WOULD LIKE TO COME SPEAK ON THIS, YOU'RE WELCOME TO COME TO THE PODIUM AT THIS POINT.
IN THE MEANTIME, I'LL ASK THE COMMISSION, IF ANYBODY HAS ANY QUESTIONS OR COMMENTS.
>> I GOT A COUPLE, THE I-35 OVERLAY, THEN IT WON'T APPLY TO THAT EITHER.
>> THEN AT ONE POINT DID WE INCREASE THE SIZE OF THE OLD TOWN OVERLAY TO INCORPORATE SOME ADDITIONAL?
>> THE OLD TOWN OVERLAY HAS A COUPLE IT'S [INAUDIBLE] SPECIFIC AREAS WITH THE DISTRICT WITH THE OVERLAY THE STANDARDS AND THE BOUNDARIES WERE DEFINED IN 1996 SO WE ARE WELL WITHIN OUR RIGHT TO REGULATE THAT.
>> AS LONG AS WE DON'T INCORPORATE ANYTHING OUTSIDE THE BOUNDARIES IN THE DISTRICT THEN IT'S OKAY.
>> YEAH, ANYTHING THAT WAS ESTABLISHED PRIOR TO APRIL 1ST, 2019, WE'RE GOOD ON THAT.
>> WHAT ARE OTHER CITIES DOING OR DO WE KNOW THAT ARE IN THE SAME SITUATION AS US WHERE WE HAD THESE GUIDELINES IN PLACE THAT ARE NO LONGER ENFORCEABLE BY THIS HOUSE BILL?
>> WE LOOKED AT A LOT OF CITIES.
A LOT OF CITIES, ONE, HAVE CHOSEN EITHER NOT TO AMEND THEIR CODE.
THEY'VE STUCK THEIR HEAD IN THE SAND.
SOME OF THOSE CITIES ARE MOST OF THEM AREN'T DOING WAIVER PROCESS BURLESON IS UNIQUE BECAUSE WE ACTUALLY HAVE A WAIVER PROCESS WRITTEN INTO OUR CODE.
MOST OF THESE CITIES DON'T HAVE THAT WAIVER PROCESS, SO BLATANTLY CALLED OUT.
A LOT OF CITIES ARE EITHER WHEN THEY PRESENT IN THEIR STAFF REPORT, THEY'RE PUTTING HOUSE BILL 2439 PROHIBITS US FROM REGULATING AND THEY'RE PRESENTING IT THAT WAY.
SOME HAVE GONE AND JUST LEFT THE CODE THE SAME, OR THEY'VE DONE UPDATES TO THE CODE, BUT THEY HAVE NOT CHANGED THAT SECTION.
THE MAJORITY ARE NOT ENFORCING MASONRY STANDARDS, BUT THEY'RE ALSO NOT REQUIRING WAIVERS.
WHAT WE WANT TO DO TO BE IN COMPLIANCE WITH HOUSE BILL 2439 IS TO REMOVE THAT WAIVER PROCESS BECAUSE, BY THE STATE LAW, WE CAN'T REQUIRE THEM TO PROVIDE THAT INSURANCE UNLESS IT MEETS THAT ONE FOR THE WHOLE TOWN.
BUT MOST CITIES HAVE NOT UPDATED THE CODE SPECIFICALLY A FEW HAVE PUT THINGS IN THERE SUCH AS ARE AMENDED BY STATE LAW, AS A LITTLE CATCH-ALL STATEMENT.
A LOT OF CITIES AREN'T UPDATING THEIR ZONING ORDINANCE ON A REGULAR BASIS.
YOU SEE ZONING ORDINANCES THAT ARE 10, 20 YEARS OLD SO THEY JUST HAVEN'T ADDRESSED IT.
>> I KNOW IT'S PROBABLY AN IMPOSSIBLE QUESTION, BUT I THINK THERE'S A LOT OF CHATTER AROUND THIS ONE, THE HOUSE BILL WHEN IT FIRST PASSED, IS THERE ANY INDICATION THAT THAT LEGISLATION WILL CHANGE AGAIN IN THE NEAR FUTURE, AND ARE WE GOING TO HAVE TO DO THIS AGAIN THE NEXT TIME LEGISLATION MEETS OR?
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>> THE BIG TALK AFTER '19 AND '20 WAS HIT THIS IS GOING TO GO BACK AND IT DIDN'T GO BACK.
THEN IN '21, IT DIDN'T REVERT BACK.
THERE MAY STILL BE CHATTER, BUT IF THE STATE LAW WERE TO CHANGE, REVERT BACK, WE'D STILL HAVE OUR MASONRY DEFINITION.
ESSENTIALLY WE WOULD JUST HAVE TO GO BACK AND AMEND OUR APPLICABILITY.
WE STILL HAVE OUR STANDARDS IN OUR CODE THAT WE'VE JUST CHANGED THE WAIVER AND THE APPLICABILITY PORTION SO THAT IT WOULDN'T BE AN EXTENSIVE CODE OVERHAUL SHOULD THE STATE LEGISLATOR GO BACK ON THIS.
BUT ALL INDICATIONS FROM WHAT I'VE HEARD COMING OUT OF THAT APA, SOME OF THOSE CIRCLES IS IT, IT'S NOT GOING BACK.
IT'S DRIVEN BY BUILDERS AND DEVELOPERS.
THE GOAL IS WE WANT TO BE IN COMPLIANCE WITH STATE LAW AND ACHIEVE THE GOALS OF THE CITY AND THE CITY COUNCIL OBVIOUSLY.
BUT NOW A GREAT QUESTION, WE WOULD AGAIN MEET WITH BURLESON'S CITY COUNCIL, LIKE WE DID ON THIS ONE.
WE WOULD TALK TO LEGAL COUNSEL AND WE WOULD BRING BACK A CODE AMENDMENT TO ESSENTIALLY CHANGE THE APPLICABILITY BACK TO APPLY TO THE ENTIRE CITY.
BUT WE WOULDN'T HAVE TO REALLY DO ANYTHING ELSE.
EVERYTHING ELSE IS STILL IN PLACE, ALL THE BUILDING BLOCKS.
THEN ALSO TO REMEMBER, THEY STILL HAVE TO COMPLY WITH ENGINEERING STANDARDS AND BUILDING STANDARDS SO THEY CAN'T COME IN AND BUILD SOMETHING THAT IS CONTRARY TO THE INTERNATIONAL RESIDENTIAL CODE OR INTERNATIONAL BUILDING CODE.
THEY STILL HAVE TO MEET ALL THOSE.
THEY STILL HAVE TO MEET THE SQUARE FOOTAGE, THEY HAVE TO HAVE ARCHITECTURE-ENGINEERED STATE PLANS, NONE OF THAT'S CHANGED.
THEY CAN'T BUILD ANYTHING THAT'S NOT SAFE AND HAS TO BE A MATERIAL THAT'S DEFINED IN THOSE CODES STILL.
>> AN HOA BEING A PRIVATE ENTITY, THEY CAN REGULATE THIS.
>> IF AN HOA WERE TO HAVE STANDARDS THAT THEY THEN PLACED ON THEIR BUILDERS, IT WOULDN'T BE SOMETHING THE CITY WOULDN'T WE CAN [OVERLAPPING] ENFORCE, BUT THEY COULD DEFINITELY PUT THAT OUT THERE.
WE DON'T REGULATE WHAT THE HOAS DO AS LONG AS THEY'RE NOT IN CONFLICT WITH CITY STANDARDS.
BUT AS FAR AS WHEN DID WE REVIEW THE BUILDING PERMIT IF HOA SAID YOU HAVE TO HAVE BRICK AND THEY SUBMITTED A BUILDING PERMIT AND IT SAID IT WAS WOOD, WE WOULD APPROVE THAT BUILDING PERMIT, AND THEN IT'LL BE UP TO THE HOA TO THE HANDLER.
BUT WE'RE NOT REALLY SEEING HONESTLY, MOST PEOPLE ARE BUILDING BRICK.
WE'RE NOT SEEING A LOT OF CONFLICT.
>> THE WAIVER IS STILL GOING TO BE THERE FOR THE OLD TOWN OVERLAY?
>> THAT IS CORRECT OLD TOWN WILL STILL, IF THEY DON'T MEET THE STANDARDS IN OLD TOWN, THEY COULD STILL REQUEST A WAIVER.
THE BIG THING FOR US IS WE STILL HAVE CONTROL OVER HOW THAT WILL LOOK ARCHITECTURALLY AND IT WAS STILL MEET THAT VISION OF WHAT WE WANT FOR OLD TOWN.
>> I AGREE. IT'S DEFINITELY A GOOD MOVE AND ESPECIALLY THAT WE KEEP THE OLD TOWN.
>> ANYBODY ELSE? LET ME CLOSE THE PUBLIC HEARING AT 6:43 AND I WILL ENTERTAIN A MOTION ON ITEM 3A CASE 21149.
>> I MOVE TO APPROVE THE VARIOUS ORDINATES MODIFICATIONS REGARDING A BUILDING CODE OR TO LIMIT THE MASONRY WAIVER PROCESS CASE 21-149.
>> ALL RIGHT. WE HAVE A MOTION MADE BY [NOISE] ADAM AND A SECOND BY DAN ALL IN FAVOR IF YOU'D RAISE YOUR HAND.
THAT'S UNANIMOUS, THE NEXT ITEM IS 3B WHICH IS 2380 SOUTHWEST WILSHIRE BOULEVARD,
[B. 2380 SW Wilshire Blvd. located north of the intersection of SW Wilshire Blvd. and Wicker Hill Road (Case 21-120): Hold a public hearing and consider approval of an amendment to CSO#1698-03-2021, a Specific Use Permit (SUP), allowing for overnight boarding and an increase in capacity for Barking Mad Doggy Daycare & Boarding LLC. ]
LOCATED NORTH OF THE INTERSECTION AS SOUTHWEST BOULEVARD, WILSHIRE BOULEVARD, AND WICKER HILL ROAD, CASE 21120 TO HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF AN AMENDMENT TO CSO 169803 2021, A SPECIFIC USE PERMIT ALLOWING FOR OVERNIGHT BOARDING IN AN INCREASE IN CAPACITY FOR BARKING MAD DOGGIE DAYCARE AND BOARDING LLC.>> THANK YOU MR. CHAIRMAN, MEMBERS OF THE COMMISSION FOR THE RECORD, JPD UK DEVELOPMENT SERVICES PRESENTING CASE 21120, A REQUEST TO AMEND A SPECIFIC USE PERMIT.
THE OWNER IS KAYLA GATLIN AND THE APPLICANT IS DESTINY MISE WITH BARKING MAD DFW.
THE SUBJECT PROPERTY IS APPROXIMATELY 0.49 ACRES AND IS LOCATED AT 2380 SOUTHWEST WILSHIRE BOULEVARD.
THE CURRENT ZONING OF THE SUBJECT PROPERTY IS COMMERCIAL AND THE CURRENT USE IS KENNEL INDOOR, OTHERWISE KNOWN AS A DOG DAY CARE FACILITY, WHICH WAS APPROVED BY SUP.
I'M SURE MANY OF YOU ARE FAMILIAR WITH THIS SITE AND WITH THIS USE AS IT CAME BEFORE YOU EARLIER IN THE YEAR.
BUT I WILL PROVIDE YOU A BRIEF HISTORY, JUST TO REFRESH YOUR MEMORIES A BIT.
ON MARCH 15TH 2021 CITY COUNCIL APPROVED THE SUP REQUEST TO ALLOW THE APPLICANT TO OPERATE A DOG DAYCARE FACILITY AT THE SUBJECT LOCATION.
THIS WAS UNDER CASE NUMBER 2137.
LIKE I SAID THE SUP REQUEST WAS APPROVED FOR KENNEL INDOOR USE.
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HOWEVER, THE SUP WAS APPROVED WITH EIGHT CONDITIONS ATTACHED TO THE SUP ORDINANCE.YOU CAN SEE ALL EIGHT OF THOSE CONDITIONS PROVIDED THERE ON THE SCREEN.
THERE'S TWO OF THE CONDITIONS THAT I WOULD DO WANT TO FOCUS ON HERE TONIGHT AND THAT IS CONDITION NUMBER 1, WHICH STATES, A MAXIMUM OF 12 DOGS WILL BE ALLOWED ON-SITE AT ANY TIME.
CONDITION NUMBER 8, WHICH STATES OVERNIGHT BOARDING OF DOGS ON SITE IS PROHIBITED.
THESE ARE IMPORTANT BECAUSE AFTER THE APPLICANT HAD RECEIVED THEIR CERTIFICATE OF OCCUPANCY AND BEGAN OPERATING AT THIS LOCATION, OUR NEIGHBORHOOD SERVICES DEPARTMENT DID AN INSPECTION ON-SITE OVERNIGHT AND REVEALED THAT THERE WERE DOGS BEING KEPT ON-SITE OVERNIGHT.
THIS WAS A PROBLEM BECAUSE IT WAS OBVIOUSLY IN DIRECT VIOLATION OF CONDITION 8 OF THE SUP, WHICH STATES OVERNIGHT BOARDING OF DOGS IS PROHIBITED.
THE APPLICANT RECEIVED A NOTICE OF VIOLATION AND WAS INSTRUCTED TO BRING THE SITE INTO COMPLIANCE.
RATHER THAN ELIMINATING THE OVERNIGHT BOARDING SERVICE TO BRING THE SITE INTO COMPLIANCE, THE APPLICANT IS REQUESTING TO AMEND THE ORIGINALLY APPROVED SUP ORDINANCE.
THE TWO AMENDMENTS THE APPLICANT IS REQUESTING INCLUDES, TO ALLOW FOR OVERNIGHT BOARDING AND TO INCREASE THE CAPACITY OF DOGS ALLOWED ON-SITE FROM 12-30.
IF YOU'VE LOOKED TO THE RIGHT, THE IMAGE THAT I'M PROVIDING THERE ON THE SCREEN, YOU CAN SEE THE TWO RED PARTS.
THOSE ARE, OBVIOUSLY CONDITION NUMBER 1 AND CONDITION NUMBER 8 THAT ARE AMENDED AS BEING REQUESTED BY THE APPLICANT.
YOU CAN SEE A MAXIMUM OF 30 DOGS WILL BE ALLOWED ON-SITE AT ANY TIME.
THEN NUMBER 8 THE OVERNIGHT BOARDING OF DOGS IS PERMITTED RATHER THAN PROHIBITED.
ACCORDING TO THE APPLICANT, THE REASON FOR THESE REQUESTS IS THAT BARKING MAD IS A GROWING BUSINESS THAT IS UNABLE TO ACCOMMODATE THEIR EXISTING AND NEW CLIENTS DUE TO THE CAPACITY LIMITS OF THE PREVIOUSLY APPROVED SUP.
I WANT IT TO BE KNOWN THAT THE APPLICANT WAS ONE OF THE DRIVING FORCES TO THE ORIGINALLY PROPOSED CONDITIONS.
CITY COUNCIL DIDN'T WORK WITH THE APPLICANT, BUT THEY WERE PROPOSED BY THE APPLICANT, NOT NECESSARILY CITY COUNCIL.
I THINK IT'S ALSO IMPORTANT TO KEEP INTO CONSIDERATION THAT THE NEIGHBORHOOD SERVICES DEPARTMENTS INSPECTED THE PROPERTY AND CONFIRMED THAT THE FACILITY COULD ACCOMMODATE THE REQUESTED INCREASE IN CAPACITY.
THIS REQUEST IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AS THIS DESIGNATION PROVIDES A SUITABLE AREA FOR THE DEVELOPMENT OF LIGHT AND MEDIUM INTENSITY COMMERCIAL USES.
THIS SLIDE IS PROVIDING A ZONING AERIAL AS WELL AS A AERIAL THAT INCLUDES SOME OF THE SURROUNDING LAND USES.
YOU CAN SEE RIGHT HERE, THIS IS THE SUBJECT PROPERTY AND THEN THE TWO LOTS DIRECTLY ABUDDING IT ARE AN AIR-CONDITIONING SERVICES BUSINESS AND THEN AN AUTO SUPPLY BUSINESS.
THE CLOSEST RESIDENTS IS TWO LOTS OVER TO THE WEST WHERE YOU CAN SEE MY MOUSE IS POINTING TO NOW, AND THAT'S ROUGHLY 150 FEET AWAY FROM THE SUBJECT PROPERTY.
AS FOR PARKING, THE ORIGINAL ORDINANCE INCLUDED A CONDITION THAT'S STATED THE APPLICANT WOULD NOT BE ABLE TO RECEIVE THEIR CERTIFICATE OF OCCUPANCY UNTIL THEY HAD STRIPED SEVEN PARKING SPACES IN THE PARKING LOT.
THE APPLICANT DID GET THIS TAKEN CARE OF AND THE SITE CURRENTLY PROVIDE SEVEN PARKING SPACES.
HOWEVER, WHEN STAFF WAS REVIEWING THE ORIGINAL SUP REQUEST, THERE WAS NO APPLICABLE PARKING RATIO IN OUR PARKING STANDARDS FOR INDOOR KENNEL OR ANYTHING REALLY DOG RELATED.
WE HAD TO APPLY THE PARKING RATIO OF THE GENERAL RETAIL WHICH WAS ONE SPACE PER 200 SQUARE FEET, WHICH COMES OUT TO A REQUIREMENT OF SEVEN PARKING SPACES.
OF COURSE, THIS SITE IS CURRENTLY PROVIDING SEVEN PARKING SPACES SO IT IS ACCOMMODATING THE MINIMUM PARKING REQUIREMENT.
AS FOR PUBLIC HEARING NOTICES, NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE SUBJECT PROPERTY.
THERE WAS A NOTICED THAT WAS PUBLISHED IN THE NEWSPAPER AND SIGNS WERE POSTED ON THE PROPERTY.
THE APPLICANT HAS PROVIDED SEVERAL LETTERS OF SUPPORT FOR THE PROPOSED SUP REQUEST, WHICH WERE PROVIDED IN YOUR PACKETS.
STAFF HAS NOT RECEIVED ANY LETTERS OF OPPOSITION REGARDING THIS REQUEST.
STAFF'S RECOMMENDATION IS THAT OF APPROVAL OF THE AMENDMENT TO THE SUP ALLOWING FOR OVERNIGHT BOARDING AND AN INCREASE IN CAPACITY FOR THE BARKING MAD DOGGIE DAYCARE.
THE REASON FOR THIS RECOMMENDATION IS THAT THE NEIGHBORHOOD SERVICES DEPARTMENT, AS I MENTIONED, INSPECTED THE PROPERTY AND CONFIRMED THAT
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THE FACILITY COULD ACCOMMODATE THE REQUESTED INCREASE IN CAPACITY.THERE HAVE BEEN NO COMPLAINTS THAT WERE RECEIVED FROM THE NEIGHBORHOOD SERVICES DEPARTMENT SINCE THIS BUSINESS HAS BEEN OPERATING AT THAT LOCATION, AND THERE HAS BEEN NO LETTERS OF OPPOSITION THAT STAFF HAS RECEIVED REGARDING THIS REQUEST.
P&Z ACTION REQUESTED INCLUDES TO OPEN THE PUBLIC HEARING, TO CLOSE THE PUBLIC HEARING, AND TO RECOMMEND APPROVAL OF THE SUP FOR OVERNIGHT BOARDING AND AN INCREASE IN CAPACITY FOR BARKING MAD DOGGIE DAYCARE.
IF YOU HAVE ANY QUESTIONS, MYSELF AND THE APPLICANT ARE AVAILABLE.
>> THANK YOU. THIS IS A PUBLIC HEARING SO I'LL GO AHEAD AND OPEN THE PUBLIC HEARING AT 6:50.
I DO HAVE A CARD FROM MS. MIZE.
>> DESTINY MIZE, 7817 COUNTY ROAD 1005, GODLEY, 76044.
>> DID YOU HAVE ANYTHING YOU WOULD LIKE TO ADD?
>> I'M HERE TO ANSWER ANY QUESTIONS YOU GUYS MIGHT HAVE.
I THINK THERE WAS A LITTLE BIT OF CONFUSION BETWEEN ASPEN ANIMAL CONTROL.
MY PERSONAL DOGS WERE LEFT THERE FOR ONE NIGHT WHEN I HAD TO GO TO THE HOSPITAL FOR A FAMILY EMERGENCY.
BUT WHEN THEY FIRST CONTACTED ME, IT WAS NOT BECAUSE I HAD DOGS THERE OVERNIGHT, THEY WERE A LITTLE CONFUSED ABOUT THE SUP AND THOUGHT THAT I NEEDED A, AND I MIGHT BE GETTING THE WORD WRONG, BUT A KENNEL PERMIT SINCE I KEPT DOGS THERE OVERNIGHT.
I EXPLAINED TO THEM, NO I KEEP THEM AT MY HOUSE, AND THEY SAID, WELL, YOU STILL NEED ONE.
I WENT DOWN TO ANIMAL CONTROL, I PAID THE FEE AND DID THE APPLICATION AND THEN THEY CALLED ME AND SAID, OH, NEVER MIND, YOU DON'T NEED IT.
THAT WAS THE LAST THAT I HAD ANY INTERACTION WITH THEM EXCEPT FOR WHEN THEY CAME BY AND DID THE INSPECTION THAT THEY APPROVED US FOR.
>> I REMEMBER THIS FROM WHEN YOU FIRST INITIALLY CAME BEFORE US.
I THINK YOU SAID AT THE TIME THAT YOU WEREN'T PLANNING ON BOARDING.
>> NO SIR, I WASN'T PLANNING ON BOARDING AT THE FACILITY.
I WAS ALWAYS PLANNING ON KEEPING THEM AT MY HOUSE, BUT SINCE WE HAVE BEEN IN THE CITY SINCE MARCH, BURLESON ANIMAL, WE HAVE A GREAT WORKING RELATIONSHIP AND THEY HAVE ACTUALLY CUT DOWN ON THEIR BOARDING, SO NOW I'M GETTING ALL THEIR OVERFLOW, AND ME, I'M JUST ONE PERSON AT HOME.
I'M NOT ABLE TO DO ALL OF THE SHIFTS WITH ALL OF THE DOGS AND IT'S A LOT TO ASK MY EMPLOYEES TO DRIVE FROM BURLESON, YEAH, I HAVE ONE GIRL THAT LIVES IN ARLINGTON, ALL THE WAY TO GODLEY TO HELP ROTATE SHIFTS.
WITH THE HOUSING ADDITIONS THAT ARE BEING PUT UP OUT BY CHISHOLM TRAIL PARKWAY, I'M JUST TRYING TO STAY AHEAD OF IT BECAUSE I'M SURE THAT'S GOING TO BRING MORE TO IT.
>> I UNDERSTAND THAT, BUT I NOTICED THAT YOU HAD BEEN ADVERTISING ON YOUR WEBSITE THAT YOU DO OVERNIGHT.
>> YES SIR. SORRY, GO AHEAD FINISH. [OVERLAPPING] I THOUGHT YOU WERE DONE. [LAUGHTER]
>> MY QUESTION TO YOU IS YOU HAVEN'T BEEN REALLY TRANSPARENT ABOUT THE WHOLE THING AND IT WOULD PROBABLY BE BETTER IF YOU HAD INITIALLY BEEN MORE TRANSPARENT WITH ME.
THAT'S JUST MY PERSONAL OPINION.
>> LIKE I ADDRESSED IT IN THE FIRST MEETING WITH YOU GUYS BACK IN MARCH, AT A PREVIOUS FACILITY, I DID OFFER OVERNIGHT BOARDING, AT MY FACILITY AND AT MY HOUSE, WHICH IS WHY THE WEBSITE WAS WORDED THAT WAY.
WHEN I WAS CONTACTED BY THE CITY ABOUT THE WEBSITE, I CONTACTED MY WEBMASTER THAT TAKES CARE OF THE WEBSITE AND SHE COMPLETELY TOOK THAT PAGE OFF.
I EXPLAINED THAT TO THE TO THE LADY IN THE EMAIL.
I THINK SHE SENT ME A COPY OF THE CERTIFIED MAIL IN MY EMAIL, SHE GAVE ME THE DATE IT NEEDED TO BE DONE BY, I WAS LIKE, "HEY, I'VE LET MY WEBMASTER KNOW.
IT WILL BE GONE." AND IT WAS GONE BY THE DATE REQUESTED.
>> ARE YOU PLANNING ON HAVING SOMEBODY AT THE FACILITY AT NIGHT?
>> OVERNIGHT? NO. JUST BECAUSE WHEN I'VE DONE IT AT THE FACILITY OVERNIGHT PRIOR, THAT'S NEVER REALLY BEEN AN ISSUE BECAUSE I DO HAVE SECURITY CAMERAS.
I HAVE ALL THAT THAT I CAN MONITOR ANYTIME THAT GOES OFF BY MOVEMENT.
LIKE I SAID IN THE FIRST MEETING AND I MIGHT HAVE INCLUDED IT IN THIS STUFF TOO, IT'S NOT LIKE A FREE FOR ALL.
WE DON'T TAKE DOGS THAT ARE GOING TO BE A RISK OF BREAKING OUT OR ANYTHING LIKE THAT.
>> DOES ANYBODY ELSE HAVE ANYTHING? MS. MIZE, I REMEMBER SPECIFICALLY ASKING, ARE YOU SURE YOU JUST NEED 12 DOGS? ARE YOU SURE OF THIS? I MEAN, WE TRIED TO COVER IT.
>> YES SIR, AND I WILL NOT LIE.
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WHEN I HAD TO WRITE ANOTHER CHECK AND COME TO YOU GUYS AGAIN, I WAS LIKE, OH, I KNOW THAT HE'S GOING TO SAY SOMETHING TO ME, BECAUSE I REALLY WAS.I WAS NOT ANTICIPATING THE GROWTH.
I WAS BUSY AT PREVIOUS FACILITIES, BUT IT'S LIKE, I MEAN, EVERY DAY I'M GETTING NEW REQUESTS AND I'M JUST BETWEEN MY PERSONAL DOGS AND A TWO-YEAR-OLD AND I'M TRYING TO JUGGLE ALL OF THAT.
I'M LIKE, I DON'T WANT TO TURN THESE PEOPLE AWAY.
THERE'S A REASON THAT THEY'RE COMING TO US, BUT I DON'T I DO WANT TO LIMIT MYSELF AS I DISCUSSED WITH ANIMAL CONTROL WHEN THEY CAME BY.
THIS IS THE MAX CAPACITY WE CAN HAVE HERE, SO WE WON'T HAVE TO DO THIS AGAIN.
>> I'M EXTREMELY HAPPY YOU'RE BUSY.
AGAIN, WE TRIED TO CROSS THIS BRIDGE SIX MONTHS AGO, SO WE WOULDN'T HAVE TO COME THROUGH THIS AGAIN.
THAT'S PART OF MY FRUSTRATION LOOKING AT IT.
>> YEAH, I DO SEE THE WEBSITE'S STILL DOES ADVERTISE BOARDING AND IT INDICATES THEY STAY AT THE FACILITY.
>> DOES IT? BECAUSE I LOOKED AT IT BACK WHEN I GOT THE EMAIL AND THE WEBMASTER SAID THAT THE BOARDING PART WAS GONE OFF OF IT, AND WHEN I CHECKED IT, IT WAS NOT THERE.
SO UNLESS IT'S BEEN A GLITCH WITH SQUARESPACE, I WAS NOT AWARE OF THAT.
>> OKAY. BUT YOU'RE ASKING FOR 30 DOGS AND AN OVERNIGHT BASIS AT THIS POINT?
>> YES, SIR. THIRTY DOGS FOR ALL OF THE SERVICES THAT WE OFFER COMBINED.
>> THESE DOGS ARE THEY STAYING AT YOUR HOUSE OR AT THE FACILITY?
>> RIGHT NOW THEY'RE AT MY HOUSE.
>> RIGHT NOW THEY'RE AT YOUR HOUSE BUT YOUR REQUEST WILL BE THAT YOU'LL BE BOARDING UP TO 30 DOGS AT THE FACILITY OVERNIGHT?
>> IS IT STANDARD TO NOT HAVE ANYONE OVERNIGHT WITH THAT MANY DOGS THERE?
>> YES, SIR IT IS. IT'S INDUSTRY STANDARD PRETTY MUCH ACROSS THE BOARD.
MUCH LIKE WHEN THEY STAY THE NIGHT AT VET CLINICS, OR THE ANIMAL SHELTER, OR ANYWHERE ELSE, THERE'S TYPICALLY NOT SOMEONE STAFFED OVERNIGHT.
UNLESS THEY OFFER LIKE A CAGE-FREE BOARDING OPTION, WHICH IS A PRETTY BIG LIABILITY IN MY OPINION, THEY'LL TYPICALLY HAVE A STAFF MEMBER SLEEP THERE AND THEN ALL THE DOG SLEEP LOOSE.
THAT'S JUST NOT SOMETHING I'M INTERESTED IN ENTERTAINING.
>> THERE BEEN NO LETTERS OF OPPOSITION FROM THOSE FEW RESIDENTIAL LOTS THAT ARE CLOSE BY?
>> YEAH, THE HOURS OF OPERATION ARE THE HOURS THAT YOU'RE OPEN ARE 06:30 AM TO 07:00 PM. IS THAT RIGHT?
>> YES, SIR. I ALSO HAD A QUESTION.
I WASN'T SURE IF YOU GUYS COULD CHECK ON THAT.
WHEN I WENT IN THE INITIAL REQUESTS FROM YOU GUYS, WAS FOR MONDAY THROUGH FRIDAY.
WHEN I WENT TO CITY COUNCIL, THEY ACTUALLY OPTED FOR ME TO OPERATE ON SATURDAY AS WELL, BUT I HAVEN'T BEEN ABLE TO SEE THAT IN MY PAPERWORK THAT I GOT BACK FROM THIS CITY.
IS THERE A WAY YOU ALL COULD CHECK ON THAT FOR ME? BECAUSE SATURDAY DAYCARE IS SOMETHING THAT I'VE LOOKED INTO DOING.
>> MITCHELL OR TONY, SOMEBODY IS LOOKING INTO THAT PAPERWORK.
>> THE STAFF CAN HELP YOU WITH THAT.
>> THANK YOU. I THINK THAT'S ALL THE QUESTIONS WE HAVE FOR RIGHT NOW.
>> IT STILL IS A PUBLIC HEARING, IF ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? LET ME CLOSE THIS PUBLIC HEARING THEN.
I'LL JUST ASK PERMISSION IF ANYBODY HAS ANY QUESTIONS OR CONCERNS BEFORE WE TAKE A VOTE.
>> I HAVE ONE MORE QUESTION. I'M SO SORRY.
I KNOW HOW YOU'RE SAYING YOU ARE CONCERNED YOURSELF THAT YOU HAVING 30 DOGS AT YOUR HOUSE, BUT YOU'RE GOING TO BE PUTTING IT AT THE NEW PLACE AT BURLESON AND THAT ONE CARETAKER?
>> I DON'T KNOW IF YOU COULD JUST GIVE ME ONE PERSON OVERNIGHT OR THEY'LL BE ZOOMING MULTIPLE?
>> NO, MA'AM. EVEN THOUGH THE STATE DOESN'T HAVE A REGULATION OF STAFF TO DOG RATIO, I'VE IMPLEMENTED ONE OF ONE STAFF MEMBER PER TEN DOGS.
>> ARE WE JUST LOOKING AT BLANKET 30 DOGS 24/7, 365 NOW, OR?
>> THAT'S ALL I THINK IT'S ON THE TABLE AT THIS POINT.
[00:30:06]
I THINK THERE IS AN UNDERSTANDING THAT THERE'S HOURS FROM WHATEVER IT WAS 6:30 TO 7:00 MONDAY THROUGH FRIDAY, OR MONDAY THROUGH SATURDAY.BUT THEN THE SEVEN DAYS A WEEK UP TO 30 DOGS CAN BE THERE AT ANYTIME.
I KNOW LAST TIME THERE WAS A COUPLE OF OPPOSITION LETTERS, MAYBE EVEN SOMEONE IN PERSON IF I CAN'T REMEMBER FOR SURE, BUT I KNOW THERE ARE SOME OPPOSITION LETTERS WITH THE TWO HOUSES THAT WAS POINTED OUT DUE TO NOISE AND WHATNOT.
I KNOW WE HAD A BIG DISCUSSION ABOUT BARKING DOGS AS WELL AT THE TIME.
IT CONCERNS ME OVERNIGHT, 30 DOGS, EVEN IF THERE'S ONE DOG, AND I THINK I GAVE THE STORY.
MY OLD HOUSE I HAD JUST A FENCE BLOCKING BETWEEN THAT NEXT HOUSE OVER.
THERE WAS A DOG THAT WOULD BARK ALL HOURS OF THE NIGHT.
I REMEMBER HOW CRAZY IT WOULD DRIVE ME.
THAT'S WHAT CAUSES ME CONCERN AT THIS POINT.
IT'S UP TO 30 DOGS ON A 24/7 HOURS AT THIS POINT.
THAT'S WHAT I'M THINKING ABOUT.
>> YOU MIGHT WANT TO COME BACK UP.
YOU'RE FINE. THEY'RE ALL INDOORS THOUGH, RIGHT?
>> YES. THEY'RE ALL INDOORS AND THERE'S INSULATION.
LIKE I SAID, IT'S NOT TRADITIONAL BOARDING. THEY'RE OUT ALL DAY.
I DO HAVE THE CAMERAS THAT I CHECK CONTINUOUSLY THAT DO ALERT ME, NOISE, MOVEMENT, ANYTHING LIKE THAT.
I'LL GO AHEAD AND TELL YOU GUYS, MY PREVIOUS FACILITY, 4TH OF JULY HOLIDAY, OR NEW YEAR'S EVE, WHEN I KNOW FIREWORKS ARE GOING TO BE GOING OFF.
THAT CAN BE A TRIGGER FOR A LOT OF DOGS.
I TYPICALLY WILL STAY UP THERE UNTIL LIKE 2, 3 O'CLOCK IN THE MORNING UNTIL I KNOW THERE ARE OVER.
ESPECIALLY AT MY PAST FACILITIES BECAUSE IT WAS OUT IN THE COUNTY.
THE BARKING, REALLY I DON'T THINK YOU WOULD HEAR IT.
I KNOW WHEN WE'RE AT WORK DURING THE DAY AND WE PUT LIKE OUR PUPPIES UP.
THEY HAVE A LUNCH, OR A NAP TIME, OR A BREAK.
YOU GO IN IF THEY'RE BARKING AND CARRYING ON, YOU CAN HEAR THEM, BUT WE CAN'T ACTUALLY HEAR THEM OUTSIDE.
ANOTHER MEASURE THAT WE TAKE IS WE ACTUALLY PLAY RELAXING MUSIC, BROWN NOISE FOR THEM.
THAT HAS SEEMED TO REALLY CUT DOWN ON THE NOISE.
>> OKAY. I DO REMEMBER YOU TALKING ABOUT THAT LAST TIME AS WELL.
>> IF YOU WERE STANDING OUTSIDE YOUR FACILITY AND YOUR DOGS BARKING INSIDE AND YOU HAD ALL THE WINDOWS AND DOORS CLOSE AND SO ON, COULD YOU HEAR THEM BARKING?
>> YOU CAN'T HEAR THEM BARKING IF YOU'RE STANDING OUTSIDE?
>> ALL RIGHT. OKAY. THANK YOU.
I THINK YOU WOULD WANT THE HOURS OF OPERATION TO BE FLEXIBLE FOR WEEKENDS BECAUSE I'VE BOUGHT DOGS BEFORE AND IT'S NICE HAVING THE ABILITY TO GO PICK THEM UP ON A SUNDAY, EVEN IF YOU ARE ONLY OPEN FOR AN HOUR.
PLUS, I'M ASSUMING THAT THE OPERATIONAL HOURS, THAT'S FOR THE PUBLIC.
IF I HAVE WORKERS THERE AND THEY NEED TO GO LET THE DOGS OUT ON A SUNDAY, THAT'S OKAY.
>> YES. I BELIEVE THERE WAS A LITTLE BIT OF CONFUSION IN REGARDS TO THE WEEKEND HOURS.
I DID RE-WATCH THE ORIGINAL CITY COUNCIL MEETING.
I BELIEVE THAT THEY REMOVED OR AT LEAST AMENDED THAT CONDITION SPECIFICALLY TO JUST STATE AUTHORIZED OPERATION HOUR SHALL BE 6:30 AM UNTIL 07:00 PM.
THERE WERE NO SPECIFIC DATES EXCLUDED OR INCLUDED.
>> I LIKE THAT BECAUSE IT GIVES YOU THE FLEXIBILITY, ESPECIALLY NOWADAYS WITH STAFFING ISSUES, SO, OKAY.
>> SOMEBODY COMES IN AT 8 O'CLOCK TO PICK A DOG UP, IS THAT NOT OPERATING?
>> WELL, MAYBE YOU COULD ANSWER THAT.
BUT THE STANDARD PERIOD WHERE YOU CAN DROP OFF YOUR DOGS BEGINS AT 06:30 AM.
AT SEVEN PM, YOU SHOULD HAVE YOUR DOGS PICKED UP.
I'M NOT EXACTLY SURE HOW SHE'S OPERATING ON HER TIME SCHEDULE, BUT.
>> SORRY, CAN YOU REPEAT. I'M NOT UNDERSTANDING.
>> I COME IN FROM AN AIRPLANE AND I COME TO PICK MY DOG UP AT 8:30 OR 9 O'CLOCK AT NIGHT?
>> YOU'RE NOT GOING TO LET ME DO THAT?
>> ALL RIGHT. LET'S GO AHEAD AND JUST TAKE A MOTION AND ON UP.
[00:35:10]
YES. THE PUBLIC HEARING HAS BEEN CLOSED.I'M GOING TO GO AHEAD AND ENTERTAIN A MOTION ON ITEM 3B, CASE 21120.
FOR LACK OF A MOTION, THIS ITEM WILL BE DENIED.
[C. 1300 County Road 602 south the intersection of County Road 602 and E. Renfro Street (Case 21-132): Hold a public hearing and consider a waiver to Section 5.8 “Private Streets” of the Subdivision and Development Ordinance for the design criteria for streets within the Taylor Bridge North Subdivision.]
WHICH IS 1300 COUNTY ROAD 602 SOUTH, THE INTERSECTION OF COUNTY ROAD 602 IN EAST FOR INFO STREET, CASE 21132 TO HOLD A PUBLIC HEARING AND CONSIDER A WAIVER TO SECTION 5.8, PRIVATE STREETS OF THE SUBDIVISION AND DEVELOPMENT ORDINATES FOR THE DESIGN CRITERIA FOR THE STREETS WITHIN THE TAYLOR BRIDGE NORTH SUBDIVISION.>> THANK YOU VERY MUCH. FOR THE RECORD, JARED WESLEY, SENIOR CIVIL ENGINEER FOR THE CITY.
THAT I'M UP FOR APPROVAL THIS EVENING IS A WAIVER TO SECTION 5.8, PRIVATE STREETS OF THE SUBDIVISION DEVELOPMENT ORDINATES FOR THE PRIVATE STREETS IN THE TAYLOR BRIDGE NORTH SUBDIVISION.
IT'S RICHARD VAN WEEZEL FROM AMERICAN SOUTHLAND, LLC.
IF THERE ARE ANY QUESTIONS, HE'S AVAILABLE TO ANSWER THOSE.
THE PROPERTY IS LOCATED IN THE ETJ.
IT'S GOING TO BE PROPOSES 26 SINGLE-FAMILY RESIDENTIAL LOTS.
APPROXIMATELY AN ACRE OR MORE FOR ALL OF THE LOTS, NONE OF THEM WILL BE LESS THAN AN ACRE.
WATER WILL BE SUPPLIED BY BETHESDA WATER SUPPLY WITH ON-SITE SANITARY SEWER FACILITIES.
IT WILL BE A PRIVATE GATED COMMUNITY WITH THE ROADS AND DRAINAGE EASEMENTS MAINTAINED BY THE HOA.
JUST TO GET YOU UP TO SPEED ON WHAT OUR PRACTICES, WHEN A PROJECT IS LOCATED IN THE ETJ.
WE HAVE AN INNER LOCAL AGREEMENT WITH THE COUNTY THAT ALLOWS US TO HAVE PLANNING AUTHORITY IN THE ETJ AND ALLOWS US TO IMPOSE OUR DESIGN STANDARDS ON PAVING OR ANYTHING OUT ON ETJ, WE'RE ALLOWED TO IMPOSE OUR DESIGN STANDARDS.
WITH THAT, EVEN THOUGH WE IMPOSE OUR DESIGN STANDARDS, WE DON'T ACTUALLY MAINTAIN ANY ROADS IN THE ETJ.
IF IT'S A PUBLIC FACILITY, IT'S MAINTAINED BY THE COUNTY.
IF IT'S A PRIVATE FACILITY, THEN IT'S GOING TO BE MAINTAINED BY THOSE PRIVATE PROPERTY OWNERS THROUGH AN HOA OR THE PRIVATE PROPERTY OWNERS THEMSELVES.
WITH THAT, IT JUST BRINGS UP THE UNDERSTANDING THAT THERE'S FUNDING AVAILABILITY FOR THE COUNTY.
WHENEVER WE HAVE HIGHER STANDARDS THAN THE COUNTY, SOMETIMES THOSE ROADS MAY SLIP OFF THEIR MAINTENANCE LIST AND THEN THAT FALLS BACK ON THE PROPERTY OWNERS TO HAVE TO MAINTAIN THOSE FACILITIES UP TO STANDARDS, AND IT JUST PUTS A FUTURE BURDEN POTENTIALLY ON THE PROPERTY OWNERS IN THOSE DEVELOPMENTS.
IN 2019, THERE WAS A SIMILAR DEVELOPMENT TWO TAILOR BRIDGE NORTH THAT HAD MINIMUM LOT SIZES OF ONE ACRE AND THE SAME TYPE OF SITUATION IN THE ETJ.
WITH THAT, STAFF WENT AND DID SOME RESEARCH AS FAR AS WHAT THE COUNTY'S STANDARDS WERE, WHAT THE CITY STANDARDS WERE, AND TRIED TO COME UP WITH A MIDDLE GROUND POTENTIALLY THAT COULD BE USED IN THE ETJ FOR ROADWAY SECTIONS, THAT COULD POTENTIALLY BE A LITTLE BIT MORE LENIENT THAN CITY STANDARDS TO HELP TRY TO OFFSET A LITTLE BIT OF THAT BURDEN ON POTENTIAL DEVELOPMENT OUT THERE.
THEY PRESENTED THAT ON MARCH 18TH 2019 TO THE CITY COUNCIL, AND CITY COUNCIL WAS AGREEABLE TO THAT PROPOSED SECTION IN THE ETJ.
HOWEVER, SINCE THAT TIME, THE DESIGN STANDARDS AND SUBDIVISION ORDINANCE HAS NOT BEEN UPDATED TO INCLUDE THIS RECOMMENDATION, AND WE'VE GOT MONEY IN THE BUDGET FOR THE FIRST QUARTER OF 2022 TO GO AHEAD AND DO AN UPDATE TO THE SUBDIVISION ORDINANCE TO THE DESIGN STANDARDS MANUAL AND INCLUDE THE MODIFIED SECTION THAT WAS PRESENTED TO THE CITY COUNCIL IN THAT UPDATE.
FOR THIS PARTICULAR ROADWAY SECTION THAT ASKED WITH THE WAIVER TONIGHT REALLY THE MAIN DIFFERENCES BETWEEN OUR ROADWAY SECTION AND THIS SECTION THEY'RE PROPOSING IS THAT INSTEAD OF AN 80 FOOT RIGHT AWAY, THEY'RE PROPOSING A 60 FOOT RIGHT AWAY, WITH 10 FOOT PRIVATE DRAINAGE EASEMENTS ON EACH SIDE AND PAVEMENT THICKNESS OF FIVE INCHES OF CONCRETE INSTEAD OF SIX INCHES OF CONCRETE.
[00:40:06]
ALL THE REST OF IT, PRETTY WELL LINES UP WITH WHAT OUR STANDARDS WOULD BE, AND IT LINES UP WITH WHAT STATE RECOMMENDATIONS WERE TO THE CITY COUNCIL ON THAT DAY.AS FAR AS NOTIFICATION, WE'VE FOLLOWED THE STANDARDS AND REQUIREMENTS FOR NOTIFICATION AND WE HAVEN'T RECEIVED ANY LETTERS FOR OR ANY LETTERS AGAINST IN OPPOSITION OF THIS WAIVER.
WITH THAT, THERE'S THE SECTION IF YOU'D LIKE TO TAKE A LOOK AT IT AND SEE WHAT'S BEING PROPOSED.
THAT IS AGAIN IN LINE WITH WHAT WAS PROPOSED TO THE CITY COUNCIL IN THAT 2019 MEETING, SO IF YOU COULD OPEN THE PUBLIC HEARING.
I'M GOING TO OPEN THE PUBLIC HEARING AT 7:11.
SINCE I'VE GOT SEVERAL CARDS, I'M GOING TO LIMIT IT TO FIVE MINUTES.
IT MAY NOT TAKE YOU THAT LONG TO SPEAK.
BUT JUST FOR TIME SAKE, I'M GOING TO DO FIVE MINUTES, AND I'LL JUST KEEP A TRACK WHEN THE CLOCK APPEARS, SO WE DON'T NEED TO PUT IT UP THERE.
THE FIRST CARD I HAVE, IS I'M SORRY, I'M JUST GOING TO TELL YOU THE FIRST NAME IS RICK AND THERE IS A VAN VISEL. [LAUGHTER]
>> YOU WANT TO GO LAST, ALL RIGHT.
>> GOT YOU. THE CARD WAS ON TOP SO THAT'S WHY I WENT WITH THAT ONE.
THE NEXT ONE I HAVE IS ROBERT SHERROD.
>> YES, SIR. IF YOU'LL JUST COME RIGHT HERE AND GIVE US YOUR NAME AND ADDRESS.
>> I'M ARNOLD SCHULTER, AND I LIVE AT 1825 CINDY COURT, RIGHT ACROSS 602 FROM THIS PROJECT.
NOW, I'M SURPRISED THAT IT'S ONLY 26 HOUSES THAT'S GOING IN.
I THOUGHT TO BE ABOUT LIKE 199 STUCK IN THERE.
BUT MY MAIN CONCERN IS THESE TREES THAT ARE RIGHT ALONG 602.
THERE'S A BUNCH OF OAK TREES, CEDAR TREES.
I LIKE TO HAVE THEM LEFT RIGHT THERE AS A BUFFER ZONE BETWEEN THE HOUSES AND THE [INAUDIBLE] DISTRICT AND MY HOUSE OVER THERE ACROSS THE STREET.
IT'S ALSO SERVES AS A WINDBREAK FOR ME.
I'VE SAID THE MAIN THING AS A BUFFER AND I DON'T HAVE TO SEE THEM, THEIR BACKYARDS, AND THEY DON'T HAVE TO SEE MINE.
I REALLY HOPE THAT YOU KEEP A MAJORITY OF TREES AROUND THERE AND BE SELECTIVE AND DON'T JUST WIPE OUT THE WHOLE DAMN THING, AND MAKE IT LOOK LIKE A DAMN DESERT.
THERE WAS A LOT OF WILDLIFE IN THEIR.
YOU'RE DISTURBING A LOT OF WILDLIFE: A LOT DEAR, A LOT OF WILD TURKEY THAT YOU'RE GOING TO BE DISTURBING AND MOVING OUT.
I KNOW THAT'S PROGRESS, BUT SOME IS GOOD, AND SOME IS BAD.
NOW, ONE THING I WANT TO ASK, WHERE IS THE ENTRANCE TO THIS COMING IN?
>> THE ENTRANCE TO THIS PROPERTY, YOU CAN SEE THE BLUE OUTLINE THERE.
HERE IS JUST SOUTH OF THE INTERSECTION OF COUNTY ROAD 6O2 IN RENFRO.
THEN YOU CAN SEE HERE THAT JUST A LITTLE BIT SOUTH OF THAT NORTH PROPERTY LINE IS WHERE THE ENTRANCE IS GOING TO GO IN.
IT'S GOING TO BE A GATED PRIVATE ENTRANCE.
>> ENTRANCE IS GOING TO BECOME OUT ON 602?
>> I WANDER, WHAT ARE YOU GOING TO DO ANYTHING ABOUT 602.
THAT ROAD IS OVERLY TRAVELED NOW, AND THEN YOU STICK 26 HOUSES FIGURE 52 MORE CARS IN THERE TO HANDLE THE TRAFFIC.
I THOUGHT THEY WERE SUPPOSED TO HAVE A DAMN STREET LIGHT OUT THERE OR SIGNAL LIGHT OUT THERE AT 602 RENFRO BY TIME.
MY UNDERSTANDING WAS THOSE RENFRO WERE SUPPOSED TO BE WIDENED BY 2021.
>> YES, SIR. I HAVE BEEN HERE FOR QUITE A WHILE.
>> YOU JUST KEEP PUT MORE AND MORE HOUSES OUT THERE WHEN NOBODY DOES ANYTHING ABOUT THE INFRASTRUCTURE.
YOU'RE GOING TO GET EVERYTHING, ALL HOUSES LINED UP THERE AND THEN SAY, "OH, JEEZ, WE'VE GOT A PROBLEM HERE WITH THE TRAFFIC.
WHAT WE CAN DO ABOUT IT?" OR YOU WON'T EVEN HAVE ROOM TO BUILD BY THE ROAD.
THERE WILL BE HOUSES UP AGAINST IT.
[00:45:06]
IT JUST PACKING TOO MUCH IN, AND I CAN SEE THIS IS PRETTY GOOD.I HOPE THAT A LOT OF THE TREES BETWEEN 602, AND, WELL, I'LL BE DOWN THERE BY THE MIDDLE SCHOOL.
I HOPE A LOT OF THEM ARE RETAINED AND KEPT IN PLACE.
WELL, THAT'S ALL I'VE GOT TO COMPLAIN ABOUT.
>> I HOPE MY REQUEST IS HIDDEN.
DID YOU WANT TO SAY ANYTHING ON THIS.
RICK, WOULD YOU LIKE TO ADD ANYTHING?
>> IF YOU WERE COME UP TO THE MICROPHONE JUST SO IT'LL GO THROUGH THE SYSTEM IF YOU WOULD, PLEASE. THANK YOU.
>> SIR. YOU'RE CONCERNED ON THE TREES THAT'S WHY I BOUGHT IT.
BECAUSE I WANT TO MAINTAIN THE TREES IN BURLESON.
IT'S THE BEST PIECE OF PROPERTY LEFT IN BURLESON.
THAT'S WHY I'M GOING TO DEVELOP IT IN THE BEST COMMUNITY THAT I HOPE THAT I HAVE IN BURLESON ONE MORE TIME.
THAT'S WHY I'M DOING 1.2 ACRE LOTS UP TO EIGHT ACRE LOTS.
WE'RE GOING TO TRY TO SAVE AS MANY TREES AS WE CAN.
WE'RE ONLY GOING TO TAKE OUT THE TREES THAT ARE NO GOOD.
THEN IT'S UP TO THE HOMEOWNERS WERE THEY BUILD THEIR PADS ON HOW THEY'RE GOING TO DEAL WITH THAT TREES.
BUT THEY GOT TO LOSE THE TREES.
WHERE THEY BUILD THE PADS, THEY CAN'T BUILD A HOUSE.
BUT AS FAR AS THE TREES YOU GO, THAT WAS YOUR MAIN CONCERN THAT I UNDERSTOOD.
I WANT TO SAVE EVERY TREE I CAN TOO.
I HOPE THAT MAKES YOU FEEL BETTER.
AS FAR AS ANYTHING ELSE GOES, THE APPROACH, THE GATE, THE GUARD SHACK WE'RE GOING TO PUT IN, ALL WE'RE GOING TO DO IS JUST MAKE THIS A WHOLE LOT NICER PLACE THAN PUT IN 212 HOMES.
>> THANK YOU. THE PUBLIC HEARING IS STILL OPEN.
WOULD ANYBODY ELSE LIKE TO SPEAK AT THIS POINT? LET'S CLOSE THE PUBLIC HEARING AT 7:17.
OPEN IT UP TO THE COMMISSION FOR ANY QUESTIONS OR COMMENTS.
I'LL JUST START OFF AND SAY THANK YOU FOR BUILDING BIG LOTS, LEAST AMOUNT OF HOUSES THAT WE HAD ONE NOT TOO LONG AGO, FURTHER DOWN 602 WHERE THEY WANTED A WHOLE LOT MORE HOUSES.
YOU PROBABLY KNOW THAT CAUSES A LOT OF TURMOIL AROUND HERE.
THANK YOU FOR MAKING ONLY 26 HOUSES OUT THERE.
>> [LAUGHTER] IF NOBODY ELSE HAS ANYTHING, I WILL ENTERTAIN A MOTION ON ITEM 3C.
>> I MAKE A MOTION TO APPROVE ITEM 3C.
>> WE HAVE A MOTION BY CHRIS AND A SECOND BY ADAM ALL IN FAVOR IF YOU'D RAISE YOUR HAND, AND THAT'S UNANIMOUS.
THERE ARE NO REPORTS OR PRESENTATIONS.
ANY COMMUNITY INTEREST ITEMS? THERE IS NO EXECUTIVE SESSION, REASONS FOR TONIGHT, SO I WILL CLOSE THE PUBLIC HEARING AT 7:18. THANK YOU, EVERYONE.
* This transcript was compiled from uncorrected Closed Captioning.