[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 ALL ITEMS THAT ARE USUALLY ROUTINE IN NATURE THAT USUALLY HANDLE IT AT THE STAFF LEVEL. HOWEVER, IF SOMEBODY WOULD LIKE TO PULL IT OFF AND DISCUSS IT, WE CAN DO SO.

OTHERWISE, I WILL ENTERTAIN A MOTION ON ITEM ON THE CONSENT AGENDA.

I MOVE TO APPROVE THE CONSENT AGENDA.

SECOND. CAN I INTERJECT REAL QUICK? I BELIEVE THAT THE THIRD ITEM ON THE CONSENT AGENDA AT THE FINAL PLAT IS A CONDITIONAL APPROVAL, ASSUMING THAT THE PROPOSED WAIVER TO THE DESIGN STANDARD MANUAL IS APPROVED.

IS THAT PART OF YOUR A MOTION? YES. OKAY, SO AMENDED.

JASON YOU SECOND THAT OK.

WE HAVE A MOTION MADE BY ADAM AND A SECOND BY JASON, ALL IN FAVOR.

IF YOU'D RAISE YOUR HAND THAT'S UNANIMOUS, THANK YOU.

WE CAN MOVE ON TO THE PUBLIC HEARINGS.

[A. 2325 SW Wilshire Blvd (Bear Ridge) (Case 20-118): Hold a public hearing and consider a zoning change request from “A”, Agricultural, "C" Commercial, and "SF7", Single Family-7, to “PD”, Planned Development District, to allow for commercial and residential development on 215.44 acres. ]

WE'LL START OFF WITH ITEM 3A, WHICH IS 2325 SOUTHWEST WILTSHIRE BOULEVARD BEAR RIDGE CASE 20-118 TO HOLD A PUBLIC HEARING AND CONSIDER A ZONING CHANGE REQUEST FROM AGRICULTURAL, COMMERCIAL AND SINGLE FAMILY SEVEN TO A PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENT ON 215.44 ACRES [INAUDIBLE].

GOOD EVENING, COMMISSION JUST WENT ON POWERPOINT, SORRY ABOUT THAT.

ALL RIGHT. SO AS YOU MENTIONED, THIS IS A CASE 20118.

THIS IS A ZONING CHANGE REQUEST FOR THE BEAR RIDGE DEVELOPMENT AT 2325 SOUTHWEST WILSHIRE.

SO AS YOU'LL SEE, WE HAVE TWO GRAPHICS, ONE IS SHOWING THE COMPREHENSIVE PLAN AND ONE IS SHOWING THE CURRENT ZONING ON THE PROPERTY.

SORRY TO PAUSE.

CAN WE GET IT ON OUR SCREENS UP HERE? IS IT JUST. HIDDEN POWER.OK, EVERYBODY HAVE SOMETHING.

OK. SORRY ABOUT THAT.

NO WORRIES AT ALL. WE'RE GOOD NOW, THANKS.

SO I'LL GO BACK TO THE FIRST SLIDE REAL QUICK, JUST JUST SHOWING YOU AN OVERVIEW OF THE LOCATION FOR THE REQUESTED ZONE CHANGE.

THIS IS 2325 SOUTHWEST WILSHIRE.

YOU'LL SEE THE PARCELS INDICATED IN BLUE ON THE MAP.

SO THESE TWO GRAPHICS ONE REPRESENTS THE COMPREHENSIVE PLAN, AND THE SECOND REPRESENTS THE CURRENT ZONING THAT IS ON THE PARCEL.

SO YOU'LL SEE THERE THE BROWN REDDISH COLOR IS THE COMMERCIAL DESIGNATION, AND EVERYTHING IN YELLOW IS NEIGHBORHOODS.

THE GREEN AT THE BOTTOM IS A FLOODPLAIN DESIGNATION.

[00:05:02]

ON THE ZONING MAP SO THIS PROPERTY DOES HAVE COMMERCIAL ZONING ALONG WILSHIRE, AS WELL AS SINGLE FAMILY SEVEN DWELLING DISTRICT AND THEN THE REST OF THE LAND IS OUR AG UNDEVELOPED ZONING DESIGNATION.

SO THE APPLICANT IS PROPOSING A ZONE CHANGE FOR A PLANNED DEVELOPMENT.

THIS IS TO ALLOW FOR ESSENTIALLY SEVEN DIFFERENT TRACKS OF DEVELOPMENT COMPOSING A COMMERCIAL COMPONENT, A SINGLE FAMILY RESIDENTIAL COMPONENT THAT YOU SEE THERE IN THE BLUE OF NOTE, NONE OF THOSE PROPOSED LOTS ARE LESS THAN THE SF-7 THOUSAND.

THE AVERAGE SIZE ON THOSE IS NINE THOUSAND NINE HUNDRED SEVENTY NINE SQUARE FOOT.

THAT'S ABOUT 0.23 ACRES IN THE BLUE.

IN THE PINK TRACK THREE, YOU SEE THERE, THAT IS A SINGLE FAMILY DETACHED COTTAGE STYLE RENTAL PRODUCT THAT'S BEING PROPOSED.

THE DENSITY ON THAT, JUST SO YOU'RE AWARE, IS ABOUT 11 ACRES PER 11 DWELLING UNITS PER ACRE 10.9. THE GREEN IS A TOWNHOME PRODUCT, AND THEN YOU'LL SEE TRACK SEVEN THERE IS FOR A SUBSTATION AND THEN THE TRACK TWO AND FIVE ARE PROPOSED COMMERCIAL GENERAL RETAIL TYPE DEVELOPMENT AND THIS IS JUST A BREAKDOWN OF KIND OF SOME OF THE PRODUCTS YOU CAN IMAGINE, SOME OF THE ELEVATIONS, SO THIS IS THE ONE, TWO, AND THREE BEDROOM PROPOSED COTTAGE STYLE RENTALS. THE TOWNHOME PRODUCT YOU'LL SEE THERE, SO MOST OF THOSE ARE REAR ENTRY WITH ALLEYS AND THEN THESE ARE JUST A COUPLE OF EXAMPLES OF THE SINGLE FAMILY PRODUCT.

IN YOUR DRAFT ORDINANCE, THERE'S AN EXHIBIT THAT HAS EXTENDED A FEW MORE ELEVATIONS JUST FOR EXAMPLES OF WHAT THE APPLICANT IS PROPOSING FOR THE DEVELOPMENT.

THIS IS THE JUST A PROPOSAL OF THE COMMERCIAL DEVELOPMENTS THAT ARE BEING PROPOSED ON TRACK ONE AND TWO.

SO THIS IS OUR UTILITIES AND DRAINAGE SLIDE, SO THIS IS A TYPICAL, YOU KNOW, DETENTIONS BE REQUIRED FOR ANYTHING OVER ONE ACRE IN SIZE.

THEY ARE, AS YOU KIND OF SHOWED ON THAT FIRST SLIDE, THEY DO HAVE QUITE A BIT OF FLOOD PLAIN ON THIS PARCEL.

AND THEN IN THE PLANNING PROCESS, YOU KNOW, THEY'LL HAVE EXTENDED CIVIL REVIEW FOR DETENTION DRAINAGE.

TIAS STANDARD PROCESSES BEING PD DOES NOT WAIVE OR MODIFY ANY OF THOSE REVIEW ELEMENTS.

THEIR WATER IS PROVIDED BY THE CITY OF BURLESON, AND THEY WOULD HAVE TO EXTEND SEWER FROM AN EXISTING SEWER LINE ADJACENT TO VILLAGE CREEK.

SO TRAFFIC SO KIND OF SHOWED THAT ONE GRAPHIC AT THE BEGINNING OF THE SLIDE.

YOU KNOW, THEIR PRIMARY ACCESS IS PROPOSED OFF OF WILSHIRE BOULEVARD AND THEY ALSO HAVE A CLOSURE OFF WILDWOOD LANE, WHICH SERVES WILDWOOD ESTATES, AND IT ROUTES ALL TRAFFIC TO WHAT IS ON THIS CURRENTLY PROPOSED WICKER HILL ROAD.

THEY HAVE SUBMITTED A TIA TO THE CITY AND TXDOT AND IT IS REQUIRED WITH THE FINAL PLAT AND THEY HAVE TO EVALUATE THE CAPACITY 174.

I DO HAVE SENIOR CIVIL ENGINEER AND THE CITY ENGINEER BOTH HERE.

ANY QUESTIONS? MORE PLATTING FUNCTION, BUT IF ANY, QUESTIONS FOR THE ZONING CASE.

WE DID SEND A NOTICE IN ACCORDANCE WITH OUR ORDINANCE STATE LAW TO ALL PROPERTIES WITHIN THREE HUNDRED FEET.

AS THIS MAP SHOWS, WE POSTED THE PROPERTY AND WE PUBLISHED IN THE FORT WORTH STAR-TELEGRAM. WE HAVE HAD SEVERAL INQUIRIES IN YOUR PACKAGE.

I'VE INCLUDED SOME EMAIL CORRESPONDENCE REGARDING THE PROPERTIES OF THE FOUR EMAILS, THREE ARE PROPERTIES IN THE ETG AND ONE WAS UNKNOWN.

STAFF DID REACH OUT TO TRY TO GET MORE INFORMATION, BUT NO RESPONSES RECEIVED ON THAT.

SO AT THIS TIME, NO IN ACCORDANCE WITH LOCAL GOVERNMENT CODE, WHAT WE CONSIDER FORMAL OPPOSITION BEING IN THE CITY LIMITS PROPERTY OWNERS.

SO IN THE STAFF REPORT, WE KIND OF BROKE DOWN TWO PRIMARY THINGS FOR OUR RECOMMENDATION.

WE REALLY LOOKED AT THE COMPREHENSIVE PLAN AND THE COMMUNITY COMMERCIAL IN THE NEIGHBORHOODS DESIGNATION.

WE ALSO LOOKED AT THE MULTI, SORRY, URBAN MIXED USE, WHICH IS BLUE ON THE SCREEN.

THIS PROPERTY IS ABOUT THIRTY SIX HUNDRED FEET WEST OF HOUSTON STREET, WHICH IS DESIGNATED AS ONE OF OUR URBAN MIXED USE NODES.

SO LOOKING AT THE PROPOSAL AND THE DENSITY THAT WAS BEING PROPOSED WITHIN THE COMMUNITY COMMERCIAL, THAT'S THE BROWN COLOR ON THE SCREEN.

STAFF, YOU KNOW, WASN'T COMFORTABLE WITH THE DENSITY BEING THAT 4.2 ACRES IS PROPOSED FOR RETAIL WITH THE OTHER TWENTY THREE ACRES FOR A COTTAGE STYLE, ESSENTIALLY MULTIFAMILY

[00:10:04]

PRODUCT. SO WITH THOSE THINGS IN MIND, STAFF WAS NOT ABLE TO RECOMMEND APPROVAL BASED OFF THE COMPREHENSIVE PLAN DESIGNATIONS FOR THIS PROJECT.

I WILL SAY THAT STAFF HAS WORKED WITH THE APPLICANT AND HE'S BEEN VERY RESPONSIVE, YOU KNOW, TO COME UP WITH WAYS TO GET THE PRODUCT AS CLOSE AS WE COULD WITHIN THE CONFINES OF HIS DESIGN FOR THE PLAN, BUT IT'S REALLY THAT COTTAGE STYLE.

DEVELOPMENT THAT'S KIND OF DRIVING STAFF'S RECOMMENDATION.

THIS IS JUST SEEING THE [INAUDIBLE] PLAN, SO YOU CAN KIND OF SEE HERE A LITTLE MORE EXPANDED VIEW WHERE YOU HAVE JOHN JONES, THE KIND OF [INAUDIBLE] STREET WHICH IS THAT URBAN MIXED USE AND THEN YOU HAVE THE COMMUNITY COMMERCIAL KIND OF ALL ALONG WILSHIRE AND THEN KIND OF TRANSITIONING INTO THAT NEIGHBORHOODS DESIGNATION.

SO THE ACTION THAT STAFF IS REQUESTING IS AN OPENING AND CLOSING THE PUBLIC HEARING AFTER THAT IS HELD AND THEN RECOMMENDABLE A DISAPPROVAL OF HIS OWN CHANGE REQUEST FROM AGRICULTURAL C COMMERCIAL AND S.F.

SINGLE FAMILY SEVEN TO PD PLANNED DEVELOPMENT DISTRICT AND THAT IS LIKE MENTIONED BASED OFF OUR ANALYSIS OF THE COMPREHENSIVE PLAN.

THE APPLICANT IS PRESENT AS WELL AS STAFF FOR ANY QUESTIONS PERTAINING TO THE PD, THE REQUEST OR THE CURRENT ZONING AND COMPREHENSIVE PLAN.

THANK YOU,[INAUDIBLE].

MR. CHAIR [INAUDIBLE]. YES, DURING THE COURSE OF YOUR DELIBERATIONS THIS EVENING AND THE DISCHARGE OF YOUR DUTIES FOLLOWING THE CLOSURE OF THE PUBLIC HEARING WITH THIS CASE AND THE OTHER ZONING CASE, JUST AS A REMINDER, AND OF COURSE, YOU KNOW THIS TO ROUTE YOUR RECOMMENDATION IN THE BASIS OF LANE'S COMPATIBILITY AND CONSISTENCY WITH THE COMPREHENSIVE PLAN, WE'VE GIVEN YOU AS MUCH INFORMATION AS WE FELT WAS CONSISTENT TO HELP YOU GUIDE YOUR RECOMMENDATION TO COUNCIL, BUT IN DOING SO, WE HAVE ROOTED OUR RECOMMENDATION IN A COMPREHENSIVE PLAN AND JUST ASK THAT YOU GIVE THAT DUE CONSIDERATION THIS EVENING. OK, THANK YOU.

LET ME JUST ASK, WAS THERE ANOTHER PRESENTATION FROM THE APPLICANT OR YES, CHAIRMAN, THERE IS A PRESENTATION BY THE APPLICANT THAT'S PRIMARILY RELATED TO THE [INAUDIBLE] THE MULTIFAMILY COTTAGE STYLE RENTAL COMPONENT THAT THEY HAVE PROVIDED.

WE HAVE IT LOADED. WHENEVER YOU FEEL THAT'S APPROPRIATE, WE CAN DO THAT PRIOR.

GO AHEAD AND DO THAT.

SO ALL THE INFORMATION'S OUT THERE.

SO IF ANYBODY HAS QUESTIONS OR CONCERNS, THEY CAN KIND OF SEE EVERYTHING AND THAT MAY ANSWER SOME QUESTIONS OR SPUR OTHER QUESTIONS OR OTHERS.

SO.

GOOD EVENING, COMMISSIONERS AND STAFF, THANKS FOR HAVING US HERE TONIGHT.

MY NAME IS JOSH [INAUDIBLE].

I WORK WITH NEXT METRO COMMUNITIES.

THIS IS OUR PRESENTATION [INAUDIBLE] IF YOU WANT TO GO AHEAD AND GO TO THE NEXT SLIDE WHEN YOU GET READY. WE'RE OF COURSE, INVOLVED IN THIS PROJECT AS A COMPANY NEXT METROS HEADQUARTERED IN PHENIX, ARIZONA, WERE BASED WHERE I RUN OUR DALLAS PRESENCE WE'RE IN FOUR STATES. THESE ARE ALL OUR PROJECTS WE CURRENTLY HAVE IN THE DFW METRO.

IF YOU GO THE NEXT SLIDE, PLEASE.

ALL OF OUR DEVELOPMENTS ARE THE SAME QUALITY AND SAME NATURE.

THEY ARE DETACHED, SINGLE FAMILY HOMES THAT ARE AVAILABLE FOR LEASE RATHER THAN FOR SALE.

PART OF THE REASON THAT WE USE A MULTIFAMILY BASE ZONING IS THAT WE HAVE MULTIPLE UNITS LOCATED ON ONE LOT.

THESE CAN NEVER BE SOLD INDIVIDUALLY.

THEY CAN NEVER BE CHOPPED UP.

IT IS ONE PURPOSE ENTITY.

ALL OF THE HOMES ARE SINGLE STORY.

THEY ALL HAVE PRIVATE BACKYARDS.

ALL THE DETAILS YOU YOU SEE HERE ON THE SCREEN, 10 FOOT CEILINGS.

JUST LIKE YOUR TYPICAL FINISHES IN A FOR SALE SINGLE FAMILY HOME, THE DIFFERENCE BEING THAT THESE ARE CONTAINED COMMUNITIES THAT ARE OFTEN GATED WHEN WE'RE ALLOWED TO DO SO.

WE HAVE. WE OFFER GARAGES.

WE OFFER AMENITY SPACES, POOLS, THAT SORT OF THING.

SO THAT'S A SELF-SUFFICIENT COMMUNITY.

IF YOU WOULDN'T MIND GOING TO NEXT SLIDE, SO A LITTLE BIT ABOUT OUR DIFFERENCES.

THIS IS NOT COMPARABLE TO YOUR TYPICAL MULTIFAMILY PRODUCT.

50 PERCENT OF THE PEOPLE WHO LIVE WITH US ARE ACTUALLY COMING FROM A SINGLE FAMILY HOME.

THESE ARE OFTEN PEOPLE WHO HAVE THE MEANS TO PURCHASE A HOME.

THEY'RE CHOOSING NOT TO DO SO FOR A VARIETY OF REASONS.

OFTENTIMES, THEY'RE IN TRANSITIONAL PHASES OF THEIR LIVES, EITHER TO EMPTY NESTERS WITH ADULT CHILDREN WHO HAVE LEFT AND THEY'RE SELLING THEIR FOREVER HOME.

YOUNG FAMILIES MOVING TO THE AREA FOR A NEW JOB THAT AREN'T READY TO PUT DOWN THAT CAPITAL INVESTMENT ON A NEW HOME JUST YET AND SO WE DO SCREEN ALL OF OUR APPLICANTS INCOME BACKGROUND, ALL THAT SORT OF THING TO QUALIFY ALL OF OUR RESIDENTS, IF YOU WOULDN'T MIND. NEXT SLIDE.

[00:15:02]

SO THIS IS JUST SOME DETAILS ABOUT THE PROPOSAL IN FRONT OF YOU.

ABOUT 30, 40 30 SPLIT BETWEEN ONE, TWO AND THREE BEDROOM HOMES.

THE ONE BEDROOM HOMES ARE A DUPLEX STYLE HOME.

TWOS AND THREES ARE SEPARATE DETACHED HOMES.

YOU CAN SEE OUR PARKING SPACES.

WE OFFER STANDARD OPEN SPACES, COVERED PARKING AND THEN DETACHED GARAGES AS WELL AND THEN ARE STARTING PROPOSED RENTS HERE ON THE BOTTOM OF THE SCREEN.

THIS IS PROBABLY WHERE WE'LL START OUT, USUALLY IN THIS MARKET, WHERE WE'RE PUSHING THOSE RENTS UP THROUGH THE LEASE UP PHASE AND HAVE DONE SO ON ALL OF OUR PROJECTS TO DATE.

NEXT SLIDE, PLEASE. THIS IS JUST THE MASTER PLAN THAT WAS HIGHLIGHTED BY [INAUDIBLE] EARLIER US BEING TOWARDS THE NORTHWEST OF THE PROJECT, BUFFERING THE FUTURE DEVELOPMENT ALONG WILSHIRE FOR THE COMMERCIAL.

THAT'S GOING TO END UP GOING THERE, BUFFERING THAT TO THE SINGLE FAMILY AND PROVIDING A MIXTURE OF USES. NEXT SLIDE, PLEASE.

THIS IS OUR SITE PLAN ZONED IN.

YOU CAN SEE WE HAVE PRIVATE STREETS IN HERE WITH SIDEWALKS OFF STREET PARKING.

ALL OF OUR BUILDINGS ARE A MINIMUM OF 10 FEET APART FROM EACH OTHER.

THERE ARE LARGER EXAMPLES OF SETBACKS THERE, BUT ALL OF THE HOMES HAVE A PRIVATE BACKYARD, A MINIMUM AGAIN OF 10 FEET.

NEXT SLIDE, PLEASE AND THIS JUST HIGHLIGHTS.

IT'S A LITTLE BIT DIFFICULT FROM THE FIRST SLIDE THAT WE'VE SHOWN ON OUR TRACK.

YOU CAN SEE THE GREEN AREA THAT'S ACTUALLY GOING TO BE GRASS AND LANDSCAPING.

WE DON'T HAVE NEARLY AS MUCH IMPERVIOUS MATERIAL AS YOU WOULD HAVE IN A TYPICAL COMMERCIAL USE OR A THREE STORY MULTIFAMILY PRODUCT, JUST BECAUSE WE'RE ALL SINGLE STORY.

NEXT SLIDE, PLEASE.

HERE ARE SOME PHOTOS OF OUR TYPICAL COMMUNITY AMENITIES.

YOU'LL SEE A DOG PARK IN THE BOTTOM RIGHT CENTRAL GREEN SPACE CORRIDOR IN THE BOTTOM MIDDLE. SOME PICTURES OF OUR POOLS ALL RESORT STYLE WITH A JACUZZI, GRILLING STATIONS, FIREPIT AREA AND REALLY ENCOURAGING A SENSE OF COMMUNITY.

NEXT SLIDE. THESE ARE PROPOSED ELEVATIONS.

WE ITERATE AT LEAST THREE DIFFERENT OPTIONS AMONG EACH CATEGORY, AS YOU CAN SEE HERE.

THESE ARE COMPLIANT WITH CITY OF BURLESON REQUIREMENTS FOR 80 PERCENT MINIMUM OF BRICK AND STONE. ALL OF THESE HAVE BRICK STONE, A HARDY PLANK SIDING AND SHAKE, AND THEN OTHER ARCHITECTURAL ELEMENTS.

THESE ARE REPRESENTATIVE DRAWINGS.

WE ALWAYS MATCH OUR ARCHITECTURE TO THE SINGLE FAMILY HOMES THAT ARE AROUND US AND SO WHAT THE BUILDERS WILL END UP DOING ON THIS SINGLE FAMILY FOR SALE SIDE, WE WILL SEEK TO MIMIC IN OUR PRODUCT AS WELL JUST A LITTLE BIT OF A SMALLER SCALE AND SO JUST TO CLOSE I KNOW I'VE BEEN BRIEF HERE, I WANT TO BE RESPECTFUL OF YOUR TIME.

SOME OF THE VARIOUS UPSIDES IN THIS DEVELOPMENT.

WE DO ALLOW RESIDENTS TO STAY LOCALLY THROUGH MANY STAGES OF LIFE.

OFTENTIMES, PEOPLE WHO LIVE WITH US WOULD HAVE TO RELOCATE ELSEWHERE IN THAT TRANSITIONAL STAGE. THEY SELL THEIR FOREVER HOME.

THERE'S NOT ENOUGH HOUSING AVAILABLE FOR SENIORS OR YOUNG FAMILIES OR THAT SORT OF THING, SO THAT'S A NICHE THAT WE TEND TO FILL.

WE'RE OFTEN REFERRED TO AS THE MISSING MIDDLE BECAUSE WE ARE A MIDDLE DENSITY, WE'RE NOT HIGH DENSITY. WE'RE NOT LOW DENSITY.

WE DON'T HAVE A WHOLE LOT OF SCHOOL IMPACTS.

ABOUT 15 PERCENT OF OUR RESIDENTS HAVE SCHOOL AGE CHILDREN.

WE OFTEN JOKE WE HAVE MORE PETS THAN CHILDREN.

WE DO PAY A LOT OF TAXES AND SO ABOUT DOUBLE THE TAX REVENUE.

A TYPICAL FOR SALE HOME BECAUSE WE'RE TAXED ON INCOME, NOT ON PROPERTY VALUE, BUT APART FROM THAT, I'M JUST HERE TO BE AT YOUR DISPOSAL FOR ANY QUESTIONS YOU MIGHT HAVE.

I UNDERSTAND THIS PARTICULAR PRODUCT WHILE IT'S GETTING A LOT OF STEAM RECENTLY.

IT'S A BIT NUANCED AND NEW AND SO WE'RE ONE OF THE LEADERS IN THIS PRODUCT SPACE.

WE'VE BEEN BUILDING IT FOR ABOUT 10 TO 12 YEARS.

WE HAVE THE LARGEST FOOTPRINT IN DFW AND OTHER MARKETS RELATIVE TO OUR COMPETITORS, AND SO I'M HAPPY TO BE OF SERVICE.

SO. THAT'S ALL I HAVE.

ALL RIGHT, THANK YOU VERY MUCH.

LET ME OPEN THE PUBLIC HEARING AND THEN YOU HEAR SOME OF THE QUESTIONS AND MAYBE WE CAN CALL YOU BACK INTO THAT.

OKAY, SOUNDS GOOD. THANKS. OK.

I HAVE A STACK OF CARDS UP HERE, LIKE I SAID AT THE BEGINNING OF THE MEETING.

IT'S GOING TO BE A THREE MINUTE TIMER AND YOU'LL BE ABLE TO SEE THE TIMER UP THERE.

IF YOU'D PLEASE JUST BE MINDFUL OF IT WHEN YOU GET DOWN TOWARDS THE END, IF YOU KIND OF WRAP UP YOUR STATEMENTS, IF YOU HEAR THAT SOMEBODY ELSE HAS SAID KIND OF WHAT YOU WANT TO SAY AND WANT TO SKIP OVER, THAT'S FINE.

JUST LET US KNOW AND AT THE END, I'LL MAKE SURE THAT EVERYBODY'S HAD A CHANCE TO SPEAK IF THEY WISHED YOU ON THIS.

I'M JUST GOING TO TAKE THESE IN THE ORDER THEY WERE GIVEN TO ME THE FIRST CARD I HAVE.

LET ME OPEN THE PUBLIC HEARING AT 6:50 PUT THAT ON THE RECORD.

THE FIRST CARD I HAVE IS LARRY ROBERTS.

MY NAME IS LARRY ROBERTS.

I OWN APPROXIMATELY 50 ACRES.

MY ADDRESS IS 1816 FM 731.

I'VE LIVED OUT HERE IN [INAUDIBLE] I MOVED HERE IN EIGHTY SEVEN.

MY WIFE WAS BORN AND RAISED OUT THERE AND I GUESS ONE OF MY CONCERNS IS THE INNER STRUCTURE. YOU KNOW, I HAVE A BUSINESS IN FORT WORTH AND IT TAKES ME AS LONG TO GET FROM

[00:20:01]

MY HOUSE TO THIRTY FIVE THROUGH BURLESON, AS IT DOES TO GET FROM THERE TO FORT WORTH AND WE'RE TALKING ABOUT ADDING ANOTHER TWO HUNDRED AND FIFTY TWO HUNDRED AND FIFTEEN ACRE FACILITY IN BURLESON.

THEN MY NEXT CONCERN IS NO ONE'S TALKED ABOUT WHERE ALL THIS WATER IS GOING TO GO.

YOU GOT TWO HUNDRED AND FIFTEEN ACRES OF AGRICULTURE BECAUSE THAT'S THE WAY IT'S ZONED.

THAT'S THE WAY OUR EARLIER PEOPLE.

THAT WAS AGRICULTURE.

THAT LAND SLOPES TO THE EAST TOWARDS VILLAGE CREEK.

EVERYONE, INCLUDING ME AND OTHER PEOPLE FROM WEST, ALL OF THAT WATER GOT TO COME THROUGH OUR PROPERTY. YOU TALKED ABOUT CONCRETING TWO HUNDRED AND FIFTEEN ACRES.

THE REASON THEY'VE GOT ALL THAT LOWER PART, THE GENTLEMAN WAS SPEAKING EARLIER.

HE'S GOING TO BE GRASS BECAUSE IT'S FLOOD PLAIN.

MY BIG CONCERN IS NOT ONLY THE WATER COMING TO OUR PROPERTY, BUT ALL THE PEOPLE THAT LIVE ALONG VILLAGE CREEK WHENEVER WE GET HEAVY RAIN NOW, THOSE PEOPLE'S HOMES ARE ALMOST FLOODING. WE'RE TALKING ABOUT TWO HUNDRED AND FIFTEEN ACRES OF CONCRETE ON AGRICULTURE LAND. THAT LAND IS NOT FLAT.

IT ROSE AND IT ROSE TO THE EAST TOWARDS VILLAGE CREEK AND THAT'S ONE OF MY MAJOR CONCERNS BECAUSE IT HAS TO GO RIGHT THROUGH MY PROPERTY.

MY PROPERTY CONNECTS THE BACK PHASE OF THE DEVELOPMENT, SO THERE WILL BE MY NEIGHBORS, AND I'M JUST CONCERNED ABOUT THAT BECAUSE WHAT'S GOING TO HAPPEN WHEN THIS IS DEVELOPED AND EVERYBODY'S FLOODING? WHOSE RESPONSIBILITY IS IT AT THAT TIME? MY QUESTION.

OK, THANK YOU, MR. ROBERTS.

THE NEXT CARD I HAVE IS LINDA [INAUDIBLE].

I'M NOT GOING TO SPEAK [INAUDIBLE].

OK.

I HAVE A JOSH [INAUDIBLE] AND IF I, YOU KNOW, IF I MISPRONOUNCE ANY NAMES, I APOLOGIZE.

ALBERT [INAUDIBLE] YEAH, I'M NOT GOING TO TALK RIGHT NOW.

OK. STEVE [INAUDIBLE].

OK.

MY NAME IS STEVE [INAUDIBLE], I LIVE AT 2005 FM 731 IN BURLESON.

I THANK MR. ROBERTS, WHAT HE SAID BECAUSE I LIVE NEXT TO THE CREEK, WE HAVE NEVER BEEN FLOODED.

OUR HOUSE HAS BEEN THERE SINCE 1983.

IT HAS BEEN CLOSE WHEN WE HAD MAJOR STORMS. I'M LOOKING AT THIS SITUATION WHERE ONE THING I'M SURPRISED THAT ALL THESE SLIDES IT WOULD HAVE BEEN NICE FOR US TO GIVE A CHANCE TO OF THESE SLIDES OF THE FLOOD PLAIN AND SHOW HOW MANY PEOPLE ARE AFFECTED BY THE CREEK, THE VILLAGE CREEK RIGHT NOW.

AND NOW WE'RE TALKING ABOUT PUTTING MORE SEWAGE WATER, MORE WATER THROUGH IT, BESIDES ALL THE WATER THAT'S GOING TO COME THROUGH FROM ROOFTOPS.

TWO HUNDRED AND FIFTEEN ACRES OF MOSTLY CONCRETE POURING TO THAT CREEK.

SO ANOTHER THING I THINK I THINK WE SHOULD IF WE'RE GOING TO GO ANY FURTHER WITH THIS, WE NEED TO LET PEOPLE ALL ALONG THE CREEK KNOW THE IMPACT OF THIS BECAUSE I DON'T THINK A STUDY HAS BEEN DONE. THERE'S NO FURTHER EVALUATION HAD BEEN DONE ON THE FLOODPLAIN PRESS FOR QUITE A LONG TIME.

SO SOMEWHERE SOMEBODY HAS TO BE SMART ABOUT THIS, NOT JUST OUR INFRASTRUCTURE AS FAR AS THE SEWAGE AND ALL THIS, BUT WHAT ABOUT ALL OF US THAT LIVE DOWNSTREAM FROM THIS, THIS DEVELOPMENT? AND DOES ANYBODY TAKING THIS IN CONSIDERATION? I HAVEN'T SEEN ONE PRESENTATION HERE THAT SHOWS WHAT IT'S GOING TO AFFECT TO ALL OF US WHO LIVE ON RIGHT NEXT TO THE CREEK AND THERE'S A LOT OF US.

SO I WOULD LIKE TO SEE A SLIDESHOW HERE, PRESENTED ON THE IMPACT OF THIS AFTER THE STUDIES DONE TO SHOW WHAT IT'S GOING TO MEAN TO US OR NOW PRESENTLY LIVING HERE FOR 20 OR 30 YEARS OR SOME PEOPLE 50 YEARS.

SO I'M ALL FOR DEVELOPMENT FOR BURLESON.

WE LOVE BURLESON, BUT WE'VE STILL GOT TO BE SMART AND NOT BUILD SIX HUNDRED HOMES FOR PEOPLE THAT NEED A HOUSE AND DESTROY 200 PEOPLE, 200 OTHER PEOPLE'S HOMES.

I MEAN, THERE'S GOT TO BE SOME REALITY IN SOME SENSE INTO THIS SITUATION.

ANYWAY, AS WE ALL HAVE TO SAY, I JUST FEEL IT'S GREAT TO PRESENT AND SELL THIS BIG, GREAT COMPLEX, BUT WHAT ABOUT WHO'S TALKING ABOUT THE FLOODS? WHO'S TALKING ABOUT WHERE THIS WATER IS GOING TO GO? HAS ANYBODY SEEN A PRESENTATION ON THAT? I HAVEN'T. I'VE LOOKED AT THE FLOOD MAPS, AND IT'S ALREADY PRETTY HUGE.

IF YOU LOOK OUT FOR WHERE VILLAGE CREEK GOES NOW, IF WE GET A MAJOR STORM, IT GOES ALL THE WAY UP. I MEAN, IT'S HUGE AND WE'RE PROBABLY TALKING ABOUT DOUBLING OR TRIPLING THE SIZE OF THAT. SO THAT'S MY CONCERN, AND I HOPE THIS DOES NOT GO THROUGH PERIOD UNLESS

[00:25:02]

THEY COME WITH A PLAN.

THAT'S A REAL PLAN OF HOW THEY'RE GOING TO CONTROL THE WATER, WHAT THEY'RE GOING TO DO.

THEY SHOULD BE SMALLER ACRE LOT SO THE GROUND CAN STILL ABSORB SOME OF THIS WATER.

I MEAN, IT'S JUST LIKE, YOU KNOW, GREAT FOR BURLESON TO BLOW UP AND DEVELOP, BUT I JUST FEEL WE'VE GOT TO BE SMART AND TAKE SOME REAL COMMONSENSE STEPS TOWARDS THIS.

ANYWAY, IT'S ALL I GOT TO SAY.

THANK YOU. THANK YOU.

ALL RIGHT. I HAVE A CARD FOR MR. JOHN FOSTER.

MY NAME IS JOHN FOSTER, I LIVE AT 484 PECAN DRIVE BURLESON.

I HAVE ABOUT FOUR THINGS I'D LIKE TO BRING UP.

ONE IS THE HIGH DENSITY POPULATION THAT WOULD BE IN THOSE UNITS THAT WOULD BE RIGHT UP ON TOP OF HILL CONDENSED UP THERE.

THESE PEOPLE WOULD NOT OWN ANY OF THAT.

THIS IS STRICTLY RENTAL UNITS.

RENTAL UNITS TRADITIONALLY ARE NOT TAKEN CARE OF AS WELL AS OTHERS.

WE WOULD HAVE A WHOLE LOT MORE DIFFICULTY IN OUR NEIGHBORHOOD, MOST LIKELY WITH CRIME AND A LOT OF TRASH AND STUFF.

ANOTHER THING THAT WE HAVE IS THE TRAFFIC THAT WOULD BE COMING OUT OF THIS AREA AND THAT IS WE'VE GOT THEY'RE TALKING ABOUT 700 AND A LITTLE LESS THAN 750 UNITS.

MOST UNITS OR MOST HOUSES, WHATEVER WOULD AVERAGE, I THINK ABOUT TWO CARS.

SO WE'RE TALKING A LITTLE LESS THAN 1500 CARS COMING OUT OF THAT PROPERTY AND COMING INTO THAT PROPERTY ON A DAILY BASIS.

IF YOU'VE BEEN ON 174 LATELY, YOU KNOW WHAT IT'S LIKE, HOW LONG IT TAKES TO GET IN AND OUT. I COME UP ON THE TOP WHERE THE WATER TOWER IS.

I'VE HAD IT BACKED UP FROM THERE ALL THE WAY TO JOHN JONES LOTS OF TIMES WHEN I COME OUT ON ONTO THE ROAD.

THIS ROAD, IF THEY WERE GOING TO DO THIS, THEY'D ALSO NEED TO HAVE SOME SORT OF ANOTHER PLACE TO COME OUT THAT THEY'RE NOT SHOWING EITHER FARTHER DOWN OR PROBABLY ON SEVEN THIRTY ONE WOULD BE A WHOLE LOT BETTER.

ONE OF THE PROBLEMS THAT WE'RE HAVING AS FAR AS GETTING OUT, THOUGH, IS GOING TO BE THAT THEY'RE SETTING UP TO USE THE ROAD THROUGH THAT WICKER HILL DEVELOPMENT CALLED WICKER WAY, WHICH IS A COUNTY ROAD AND IT IS NOT SET UP FOR ANY KIND OF TRAFFIC.

IT'S JUST A IT DOESN'T HAVE A BASE TO IT.

ALL IT IS IS THEY PUT GRAVEL AND TAR DOWN THERE OVER THE FEW YEARS, AND IT JUST WON'T, WON'T HOLD UP.

THE LAST THING IS, WHENEVER THIS CAME UP ABOUT SEVEN YEARS AGO AND MICHELLE WAS LOOKING AT AND WE TALKED ABOUT A GREEN BELT BEHIND OUR BETWEEN OUR ADDITION AND OTHERS TO KIND OF HELP KEEP IT DOWN AND GIVE THE PEOPLE A PLACE TO WALK AND GET OUT AND GET AROUND.

I DON'T SEE ANY OF THAT PLANNED OR BROUGHT UP OR ANYTHING.

THANK YOU. OK, THANK YOU.

MS. ANNA [INAUDIBLE].

MY NAME IS ANNA [INAUDIBLE], AND I LIVE AT 485 WICK AWAY, AND A LOT OF WHAT JOHN FOSTER JUST SAID IS THE SAME CONCERNS THAT WE HAVE.

WHAT WE SAW WAS THE MAIN ENTRANCE COMING IN ON WILDWOOD, I THINK IT WAS BUT ANOTHER ENTRANCE ON WICKER WAY, LIKE WHAT HE'S SAYING AND THIS IS WITH ALL THE PEOPLE THAT WOULD BE MOVING IN, I MEAN, OBVIOUSLY, I LIVE ON WICKER WAY AND I'M NOT REAL HAPPY ABOUT THAT TRAFFIC, BUT MOVING TO A PLACE WHERE YOU CAN'T GET OUT BECAUSE THE ONLY IN AND OUTS THAT WE SAW WAS THE MAIN ONE ON WILDWOOD AND THEN WICKER WAY AND YOU CAN'T GET ON TO BURLESON, YOU CAN'T GET ON TO 174 ON WICKER WAY UNLESS YOU'RE GOING TO THE RIGHT AND THE OTHER WAY THAT I SAW IT SHOWED THAT WICKER WAY PEOPLE WOULD HAVE TO GO DOWN AND MAKE A GET ON TO THE WILDWOOD [INAUDIBLE] WHERE THE RED LIGHT WAS GOING TO BE AND THAT'S GOING TO BE A VERY DIFFICULT POSITION FOR ALL OF THOSE PEOPLE MOVING IN TO TRY TO GET OUT AND I'M THINKING ABOUT THE SCHOOL BUSSES COMING IN AND OUT.

[00:30:01]

IT'S IT SEEMS VERY DIFFICULT TO WANT TO LIVE IN A PLACE WHERE YOU CAN'T GET OUT AND WHEN YOU GET ON THE ROAD, YOU CAN'T GO ANYWHERE, BUT 174 IS REALLY DIFFICULT.

THE OTHER THING IS, SOMEONE ELSE HAS MENTIONED ABOUT THE WATER AND THE FLOODPLAIN THAT'S DOWN THERE WE LIVE ON RIGHT NOW WICKER WAY IS LIKE A DEAD END STREET INTO THE PROPERTY THAT YOU'RE TALKING ABOUT DEVELOPING, AND THE WATER RUSHES DOWN THERE WHEN IT RAINS.

IF THAT DOES NOT HAVE A WAY TO DRAIN THAT WATER, IT BACKS UP ON WICKER WAY RIGHT NOW AND SO THIS IS A BIG CONCERN TO US.

I GUESS THAT'S THE MAIN THING THAT I WANTED TO SAY, JOHN HAS SAID IT VERY WELL.

THANK YOU. ALL RIGHT, THANK YOU.

ALL RIGHT, MR. LES MCDANIEL.

THANK YOU FOR LETTING ME ADDRESS THIS.

COUNCIL, YOU HAVE A BIG JOB TO DO.

IT'S A VERY IMPORTANT JOB.

I'M LES MCDANIEL.

I LIVE AT 485 WIKER WAY.

ON A HEAVY RAIN, WICKER WAY IS A RIVER.

IT IS A RAGING RIVER WATER COMING DOWN THAT STREET.

IT IS SO HEAVY AT TIMES I HAVE SEEN FISH SWIMMING UP FROM VILLAGE CREEK UP WICKER WAY, AND THAT CAN BE CONFIRMED BY SOME OF MY NEIGHBORS.

IT IS A BIG PROBLEM, BUT THERE'S ANOTHER PROBLEM IF YOU DEVELOP THIS AREA BELOW US WITH AS MANY HOUSES AND PEOPLE AS PLANNED AND YOU HAVE THAT THOROUGHFARE WHICH THEY'RE PRESENTING IN THEIR PLAN COMING AROUND, LOOPING FROM THE COTTAGES ALL THE WAY AROUND AND JOINING INTO WICKER WAY TO HAVE AN ENTRY AND ACCESS POINT ON 174, YOU'RE GOING TO HAVE TO GET THE AMBULANCES READY BECAUSE IT IS VERY HARD TO GET ONTO 174 TURNING LEFT AND THREADING THAT NEEDLE THE WAY IT IS.

IF YOU PUT A STOPLIGHT UP THERE AND WHAT'S THE STREET? WICKER HILL.

THAT'S GOING TO SLOW THE TRAFFIC, IT'S GOING TO BACK UP AND IT'S GOING TO CREATE A BACKUP ON 174.

IT WILL CREATE A BACKUP ON WICKER WAY.

YOU'RE GOING TO HAVE SOME VERY UNHAPPY NEIGHBORS IN MY NEIGHBORHOOD AND YOU WILL HAVE SOME VERY UNHAPPY OWNERS OF HOUSES IN THE PROJECTED NEIGHBORHOOD.

WICKER WAY DOES NOT NEED TO BE AN ENTRY AND EXIT POINT FOR ANYTHING.

IT'S A VERY OLD NEIGHBORHOOD, VERY OLD ROAD, NARROW.

YOU'RE GOING TO CREATE A LOT OF PROBLEMS IF YOU TRY TO DEVELOP THAT WITH WICKER WAY BEING AN ENTRY AND EXIT POINT, YOU NEED TO FIND SOME OTHER WAY.

I'M NOT AGAINST DEVELOPING, I'M NOT AGAINST HAVING HOUSES, BUT I DO SAY PLEASE HAVE SOME COMMON SENSE IN HOW YOU DO THIS.

PROVIDE FOR THE DRAINAGE.

YOU DON'T NEED TO HAVE FLOODING AND I AM CONCERNED PERSONALLY, YES, I AM CONCERNED FOR FLOODING BECAUSE AT THE BOTTOM OF OUR STREET, IT BACKS UP AND WE'RE A WAYS FROM VILLAGE CREEK AND YOU DON'T WANT TO HAVE FISH SWIMMING UP THAT STREET AND TRYING TO DEAL WITH THIS, SO THANK YOU AGAIN FOR YOUR CONSIDERATION.

I HOPE THAT AS IT IS PRESENTED, THE CITY ZONING COMMISSION WILL VOTE AGAINST THIS ZONE CHANGE. THANK YOU VERY MUCH.

ALL RIGHT. THANK YOU. MR. RICHARD GARCIA.

HELLO, I LIVE AT 432 WILDWOOD LANE.

IT'S GOING TO BE AFFECTED BY THIS.

I CAME UP HERE TO SPEAK BECAUSE OF THE FACT THAT I DIDN'T REALIZE, I MEAN, THERE'S SO MANY NEGATIVE POINTS OF WHY TO EVEN DO THIS, AND I FEEL LIKE I NEED TO TALK TO YOU AS I KNOW YOU GUYS ARE CITY COUNCIL AND EVERYTHING, BUT LIKE, I'M GOING TO TALK TO YOU, CITIZEN TO CITIZEN, BECAUSE EVERYONE'S BEING RESPECTFUL TALKING.

I'M NOT GOING TO BE DISRESPECTFUL, BUT I MEAN, I EVEN REALIZE THE FLOODING ISSUE.

SO MY POINT IS KIND OF SEEM TRIVIAL, BUT I STILL WANT TO SPEAK ABOUT THEM BECAUSE I MEAN, FLOODING PEOPLE OUT OF HOUSES IS TENTATIVELY A BAD THING, BUT MY POINT THAT I WAS BASICALLY BRINGING IT UP BECAUSE I HAD TO LISTEN TO EVERYTHING THAT EVERYBODY WAS SAYING AND GETTING THE ACTUAL FACTS OF, LIKE TALKING TO YOU AS A CITIZEN SERIOUSLY, 11 UNITS PER ACRE? I KNOW THEY'RE SHOWING THE PICTURES OF THE HOUSES AND STUFF, BUT MOST OF THEM ARE THOSE SUPER MEGA COMPLEXES, WHICH WHAT WERE THEY CALLED? COTTAGE STYLE RENTALS.

[00:35:02]

I THINK THAT'S A VERY FANCY WORD FOR THEM, BUT THE TRAFFIC AND INFRASTRUCTURE IN BURLESON THAT EVERYBODY'S SPEAKING TO YOU GUYS LIVE HERE, YOU KNOW WHAT IT'S LIKE DRIVING DOWN THE 134.

IT'S RIDICULOUS AND ADDING THAT MANY HOUSES AND THAT MANY PEOPLE THAT IT KIND OF JUST MAKES ME ANGRY BECAUSE, LIKE YOU SAID, YOU CAN'T EVEN TURN OFF A STREET.

MY SON GOES THERE, DROPPING THEM OFF AT SCHOOL, COMING HERE, I LIVE TEN MINUTES DOWN THE ROAD. IT TOOK ME NEARLY 20 MINUTES BECAUSE YOU HAVE TO TURN ON AND I UNDERSTAND THEY'RE GOING TO BUILD NEW ROADS AND STUFF THAT MAKE US REROUTE.

THEY'RE CLOSING THAT ROAD AND GOING TO PUMP ALL THESE PEOPLE THROUGH ONE ROAD, WHICH ON PAPER SEEMS GREAT, BUT IF YOU ACTUALLY LOOK AT HOW MANY PEOPLE ARE GOING TO BE IN THERE, IT'S RIDICULOUS.

MY NEXT POINT IS, LET'S SEE.

I WROTE SOME DOWN, SOME POINTS.

WE HAVE TO WEIGH IT LIKE, YOU HAVE TO THINK ABOUT IT PROS AND CONS.

SO CONS RIGHT NOW WE HAVE TRAFFIC, ROAD INFRASTRUCTURE, THE QUALITY OF THE NEIGHBORHOOD BECAUSE THEY ARE RENTAL UNITS, THEY'RE NOT GOING TO OWN THEM.

THESE ARE PEOPLE LIKE, HE SAID, AND HE USED THAT AS A POSITIVE THAT THEY'RE NOT TIED TO THE COMMUNITY. THEY CAN DO WHATEVER THEY WANT.

THEY CAN COME IN. THERE ARE PEOPLE THAT ARE NOT GOING TO BE MEMBERS OF BURLESON LIKE I AM. I OWN MY HOME. OH, AND FLOODING PEOPLE OUT OF HOUSES.

THE ONLY POSITIVES I WOULD LIKE TO KNOW WHAT THE POSITIVES ARE FOR PUTTING THIS IN.

IF ANYBODY HAS.

I KNOW, HE SAID MORE TAXES, WHICH I MEAN, I HAVE TO CONCEDE THAT, BUT THE OTHER POSITIVE HE HAD WAS THEY'RE NOT TIED TO THE COMMUNITY IN ANY WAY.

THESE ARE HALFWAY HOUSES, NOT HALFWAY HOUSE, BUT HOUSES THAT PEOPLE GO INTO THAT ARE TRANSITIONING SO THEY DON'T OWN THEM.

THEY'RE GOING TO BE MOVING IN AND OUT AND YEAH, OH, THEY'RE 10 FEET APART.

HE DID SAY THE HOUSES WERE A GOOD 10 FEET APART FROM EACH OTHER, WHICH I'M SURE IT'S GOING TO LOOK GREAT AND YEAH, THAT'S PRETTY MUCH ALL I HAVE, OH, I HAVE 10 SECONDS, 10 SECONDS LEFT IN THE BEGINNING OF YOUR PRAYER, YOU GUYS SAID, YOU GUYS HOPE YOU DO WHAT'S BEST FOR BURLESON. I JUST HOPE YOU KEEP TRUE TO THAT.

THANK YOU. ALL RIGHT.

THE NEXT CARD I HAVE IS [INAUDIBLE] G.

GAYNOR, I'M SORRY. I'M [INAUDIBLE] GAYNOR, AND.

I UNTIL RECENTLY OWNED ABOUT 35 OR 40 PERCENT OF THE LAND THAT WE'RE TALKING ABOUT HERE, I HAVE DONE SOME DEVELOPING IN MY PAST.

I LACK TWO THINGS, THE MAJOR THING BEING MONEY TO DO IT MYSELF AND I HAVE TOO MUCH AGE FOR ME TO ACCOMPLISH IT.

WALTER HAS BEEN MY NEIGHBOR FOR SOME TIME.

I HAVE WORKED WITH HIM, NOT EXCEPTIONALLY CLOSE, BUT I WORKED WITH HIM ON THIS DEVELOPING AND I CAN SAY THAT HE'S DOING EXACTLY WHAT I WOULD HAVE DONE.

SO I'M TALKING IN HIS BEHALF, ALL THE PROBLEMS I HEAR TODAY HAVE SOLUTIONS.

THIS IS NOT THE [INAUDIBLE] LANDING STUFF.

THE WORLD IS MOVING ON.

IT IS GROWING, AS IS THE CITY OF BURLESON.

THIS IS A MAJOR DEVELOPMENT AND I THINK A POSITIVE ONE FOR IT.

AGAIN, I SPEAK IN BEHALF OF WALTER AND HIS GROUP.

THANK YOU. THANK YOU.

OK, I THINK THAT WAS ALL THE CARDS I HAD FOR THIS PARTICULAR AGENDA ITEM.

IS THERE ANYBODY ELSE THAT WOULD LIKE TO SAY SOMETHING WITH IT OPEN? OK. I'VE GOT A COUPLE HERE.

WAITING IN THE FRONT IF YOU WANT TO COME UP? SURE. BILL, I'LL GET TO YOU IN JUST A SECOND, OK? YES, SIR. HELLO, I'M WALTER MATYASTIK, ACTUALLY THE OWNER AND DEVELOPER OF THE PROPERTY.

SOME OF YOU MAY OR MAY NOT KNOW THIS.

I LIVED IN BURLESON FOR ALMOST 20 YEARS.

I'VE OWNED THIS PROPERTY FOR ALMOST 20 YEARS, GREW A BUSINESS HERE, AND I HAVE BEEN WORKING TO GET THIS THING DEVELOPED SINCE WE REZONED IT, I THINK IN 2013.

WE ACTUALLY REZONED IT TO WHERE THE FRONT IS COMMERCIAL AND THE PORTION THAT WE'RE TALKING ABOUT NOW TURNING IT INTO THE VILLA PORTION IS CURRENTLY ZONED SF-7.

OK, SO WE ALREADY HAD THIS IN OUR MIND.

IT COULDN'T WORK. WE COULDN'T MAKE IT WORK.

WE TRY TO MAKE THINGS WORK FOR THE CITY.

SO WE WAITED, OK, WE PUT IT OFF.

I HAVE BEEN TIRELESSLY LOOKING AT WAYS TO MAKE THIS THING WORK AND DO IT RIGHT AND A LOT OF THE ISSUES MY NEIGHBORS BROUGHT HAVE BEEN ADDRESSED.

THE FIRST ONE, I'M GOING TO GO AHEAD BECAUSE IT'S A REAL BIG ONE IS THE FLOOD STUDY, WHICH WAS PRESENTED TO THE CITY TODAY, WHICH SHOWED THAT THE IMPACT IS GOING TO BE SO MINIMAL BECAUSE THE WAY IT'S BEING DRAINED, IT WILL NOT EVEN REQUIRE DETENTION ON THE SITE.

WE'RE ADJACENT TO A FLOODPLAIN.

THAT FLOODPLAIN IS GOING TO BE MAINTAINED.

[00:40:02]

THAT IS WHAT IT'S DESIGNED FOR.

THEY RAN THE STUDIES THROUGH THE HYDROLOGIST AND IT IS ACTUALLY I'M NOT SURE IF IT'S BEEN PRESENTED TO YOU GUYS YET, BUT I KNOW IT [INAUDIBLE] RECEIVED IT OR MICHELLE MAY HAVE RECEIVED IT. I CAN'T REMEMBER WHO, BUT WE ADDRESSED THIS.

I UNDERSTAND THE CONCERN, TOO, ABOUT GOING THROUGH THE NEIGHBORHOOD, COMING OUT OF WICKER WAY THAT IS NOT GOING TO BE THE PRIMARY ENTRANCE AND EXIT.

WICKER HILL IS AND IN FACT, THE CITY, WELL BEFORE I EVEN BOUGHT THE PROPERTY IN TWO THOUSAND TWO, HAD IT DESIGNED FOR THIS TO BE THE MASTER PLAN THOROUGHFARE WHERE IT TIED INTO 174 AND EVENTUALLY, ACTUALLY ONE TIME THE VISION WAS TO TAKE IT ALL THE WAY TO I-35.

I MEAN, I KNOW BECAUSE I WAS HERE AND I WENT THROUGH THIS PROCESS, WORKING WITH THE CITY COULDN'T MAKE IT WORK BECAUSE IT HAD TO GO OVER THIS THE FLOODPLAIN, WHICH IS GOING TO BE MILLIONS OF DOLLARS TO BUILD A BRIDGE TO NOWHERE.

SO THAT'S KIND OF THE REASON WHY IT GOT TABLED.

WORKING WITH THE CITY, WORKING WITH MICHELLE AND WORKING WITH THE VARIOUS INDIVIDUALS WITHIN THESE STAFF, WE CAME UP WITH A WAY TO REROUTE IT.

NOW THE ROADS, I DIDN'T DESIGN THE MAJOR THOROUGHFARES, THOSE ACTUALLY CAME FROM THE CITY. THE ALIGNMENT FOR WICKER HILL WAS PRESENTED TO US BY THE CITY.

WE FOLLOW THOSE GUIDELINES.

THE CITY ACTUALLY ADDED ANOTHER THOROUGHFARE, WHICH IS A [INAUDIBLE], MY NAME, WHICH ALLOWS PEOPLE TO BYPASS 174 EVENTUALLY WHEN IT CONNECTS ALL THE WAY OVER TO HULEN.

SO THERE'S THAT WAS WHAT IT'S EXPLAINED TO ME BY STAFF.

ALSO, WICKER HILLS DESIGNED TO GO ALL THE WAY OVER TO SEVEN THIRTY ONE SO PEOPLE EVENTUALLY ARE NOT GOING TO ALL BE FORCED TO GO OUT ONTO 174.

KIMMERLY-HORN, WHO ARE THE ENGINEERS TRAFFIC ENGINEERS AND I'M SORRY TO INTERRUPT, I'M GOING TO GIVE YOU A FEW MORE MINUTES SINCE GOING TO SAY, YOU'RE THE APPLICANT, SO I'LL GIVE YOU A LITTLE BIT EXTRA TIME TO KIND OF--I'M SORRY, I WAS KIND OF SURPRISED WHEN I DIDN'T GET TO TALK.

NO, YOU'RE FINE.

BUT ANYWAY, BECAUSE I HAVE SO MUCH INFORMATION, I CAN ANSWER THESE.

SO THIS WAS THE DESIGN IN ORDER TO MITIGATE THE TRAFFIC.

THE FLOOD STUDY IS SHOWS WHERE IT'S GOING TO MITIGATE IT, IN FACT, THE PEOPLE COMING OUT OF WILDWOOD, I BOUGHT THE PROPERTY ON THE CORNER TO CREATE THAT ACCESS.

I WORKED WITH THE CITY. I BOUGHT THIS PROPERTY WITH A HANDSHAKE.

I SAID, IF I BUY THIS PROPERTY AND BUILD THIS TO WHERE WE CAN ROUTE IT THROUGH TO CONNECT WILDWOOD INTO WICKER HILL, WELL, CAN THIS BE DONE? THAT WAS DONE IN 2013.

I BOUGHT THAT PROPERTY FOR THAT PURPOSE.

NOW I'VE BUILT A DETENTION POND ON THAT PROPERTY ALREADY FOR MY NEIGHBORS.

I HAVEN'T DEVELOPED IT YET, BUT THAT DETENTION POND IS ALREADY BEING BUILT, WHICH IS MINIMIZING THE FLOODING RIGHT NOW.

AND SO I AM DOING EVERYTHING I CAN TO TRY TO BE A GOOD NEIGHBOR, AND HOPEFULLY YOU DO APPROVE MY APPLICATION.

WELL, THANK YOU. APPRECIATE THAT.

ALL RIGHT, BILL, YOU HAD YOUR HAND UP FIRST, YOU WANT TO COME UP? OK, AND I'LL GET TO EVERYBODY ELSE, I'LL GIVE EVERYBODY ELSE A CHANCE.

I'M BILL [INAUDIBLE] ADDRESS 117 NORTHEAST CLINTON.

I DON'T LIVE IN THIS AREA, BUT I DO HAVE CUSTOMERS OUT THAT WAY.

I'M A RESIDENTIAL GENERAL CONTRACTOR SPECIALIZING IN INSURANCE REPAIR.

UNFORTUNATELY, PART OF MY PERCENTAGE OF MY BUSINESS IS FLOODING, GROUND WATERS IN THE WATERSHED AND STUFF LIKE THAT.

I'M GOING TO PUT A FEW NUMBERS TO SOME OF WHAT EVERYBODY'S BEEN TALKING TO AND ACRES FORTY THREE THOUSAND FIVE HUNDRED AND SIXTY FEET.

SOME OF THESE LOT SITES ARE TALKING ABOUT WHEN THEY SAY SF-7 ONE SEVENTH OF AN ACRE.

THAT'S SEVEN THOUSAND SQUARE FEET, AND THAT'S A FRACTION JUST MENTIONED HAVING LOT SIZES, THE COUNTER STYLE. IT'S ABOUT THE SIZE OF THIS ROOM.

I HEARD RETENTION. THE POND MEASURED ONE MILLION GALLON RETENTION POND'S A LITTLE BIT BIGGER THAN THIS ROOM, TWICE AS TALL.

IT'S QUITE A BIT. THE MORE CEMENT YOU HAVE, THE MORE WATERSHED YOU'LL HAVE, THE MORE FLOODING 70 PERCENT FROM.

WHEN I FIGURED THIS GROUND AREA WILL NO LONGER ABSORB WATER, IT'LL SHED.

WE'RE TALKING ABOUT 20 MILLION GALLONS OF WATER PER ONE INCH OF RAIN PER HOUR.

THAT'S A LOT OF WATER. I DO KNOW THIS AREA QUITE WELL.

WE MOVED HERE IN NINETEEN SIXTY SEVEN.

IT WAS ABOUT THREE THOUSAND PEOPLE HERE.

I'VE TRAVELED THESE ROADS.

I'VE DONE A LOT OF WORK ON THESE HOUSES.

I'VE BEEN IN CRUNCH DEEP WATER AND DEEPER SPOKE ABOUT OTHER FLOODING ISSUES.

I THINK ANOTHER ONE IS COMING UP ON A DIFFERENT AGENDA ITEM VILLAGE CREEK NOW IT'S MENTIONED THIS NEW APARTMENT COMPLEX THAT'S OVER BEHIND SONIC.

IT ALMOST FLOODED WHEN THESE LAST HEAVY RAINSTORMS GOT WITHIN ABOUT A FOOT OF COMING IN THOSE BUILDINGS. THAT'S A BRAND NEW BUILDING.

I KNOW THE STATE PROTECTS BUILDERS AND DEVELOPERS.

WE NEED YOU GUYS TO JUST DO YOUR HOMEWORK ON SOME OF THIS STUFF AND PROTECT THESE PEOPLE HAVE BEEN HERE FOR A LONG TIME AND FUTURE HOMEOWNERS.

[00:45:03]

I DO KNOW, I BELIEVE THERE'S STILL AN EXISTING LAWSUIT THAT'S IN THAT SAME AREA THAT TOUCHES THAT PROPERTY DUE TO FLOODING.

I DON'T KNOW IF IT'S BEEN RESOLVED YET.

I PERSONALLY AM AGAINST RAISING FLOOD LANDS.

ALL YOU DO IS CREATE DAMMING AND MORE CONDITIONS OF DANGER.

THE LOT SIZES, I BELIEVE WHEN ANY TIME YOU GOT A LOWER LYING AREA OR ANYTHING LIKE THAT, I DON'T THINK YOU SHOULD EVER GO BELOW AN ACRE SHOULD BE BETWEEN ONE ACRE AND TWO ACRES.

THE FLOOD STUDIES, I'D LIKE TO SEE A LITTLE BIT MORE IN DEPTH ON THE FLOOD STUDIES THAT I'VE REQUESTED.

THE CITY START PROVIDING TOPOGRAPHICAL MAPPING SO YOU CAN ACTUALLY SEE THE ELEVATIONS.

AND I'D LIKE TO SEE WHEN THEY SHOW THE DRAINAGE IN CREEKS, I'D LIKE TO SEE WHERE IT SHOWS THE DIRECTION OF DRAINAGE THAT WE CAN PUT A VISUAL TO IT.

I BELIEVE THIS IS A I'M ALL FOR PEOPLE MAKING MONEY, YOU KNOW, PROPERTY AND ALL THAT STUFF THAT AT SOME POINT IT GOES GREEN AND I THINK THIS IS GREED GOING TO DAMAGE.

THANK YOU. THANK YOU.

OK, I KNOW THERE IS A COUPLE OF OTHER HANDS UP EARLIER.

LET ME COME BACK TO YOU IF I CAN [INAUDIBLE].

YES, SIR, IN THE BACK THERE.

GOOD EVENING, MY NAME IS CHANDLER SMITH, I LIVE AT 480 KHAN DRIVE, BURLESON, TEXAS.

I JUST WANT TO ADD A PERSONAL TOUCH, AS YOU CAN SEE HERE.

I'M ONE OF THE FEW OF THE YOUNGER GENERATION THAT ARE GOING TO BE AFFECTED BY THIS DEVELOPMENT. I COMPLETELY UNDERSTAND THE BUSINESS DEVELOPMENT TAX REVENUE, ALL THAT.

IT'S GREAT. BURLESON NEEDS TO GROW, BUT I WANT TO FOCUS ON THE COMMUNITY.

ACROSS THE STREET FROM ME OR MY GRANDPARENTS.

THEY BUILT THEIR HOUSE IN THE LATE SEVENTIES, GREW UP IN THAT HOUSE AND I HAD TO LOOK TO PURCHASE FROM THE ORIGINAL OWNER ACROSS THE STREET FROM THEM.

SO I LIVE ACROSS FROM MY GRANDPARENTS.

WHAT CONCERNS ME IS, AGAIN, WHAT'S STAFF MENTIONED ABOUT THE INFLUX OF PEOPLE, ESPECIALLY THESE COTTAGE HOUSES.

THAT'S A TRANSIENT COMMUNITY.

THAT'S A MIDDLE WAY.

AND THERE'S JUST GOING TO BE A LOT OF CRIME.

I CAN EXPECT IT, AND I HOPE FOR BURLESON BECAUSE THIS IS WHERE MY HEART'S BEEN MY ENTIRE LIFE FOR THIS COMMUNITY TO BE DEEPER AND NOT JUST IN AND OUT.

I WANT THERE TO BE STRONGER COMMUNITY.

SO THERE'S MORE STORIES LIKE ME AND MY GRANDPARENTS WHO WOULD GET TO LIVE ACROSS THE STREET TOGETHER AND I GET TO RAISE THE NEXT GENERATION AND THEIR VIEW.

THANK YOU. THANK YOU.

YES, MR. SMITH, I DID HAVE ONE.

IT HAD A DIFFERENT NUMBER ON.

THAT'S WHY I DIDN'T CALL YOU. I WASN'T AVOIDING YOU.

I PROMISE I GOT YOU HERE.

ALL RIGHT. ANYBODY ELSE LIKE TO SPEAK? OH, SORRY. YES, SIR.

I DIDN'T SEE YOU BEHIND THERE.

THANKS. MATT POWELL, 1108 SOUTH DOBSON.

MR. CHAIRMAN, COMMISSION MEMBERS, WE APPRECIATE YOUR SERVICE THIS EVENING.

ONE OF THE THINGS KIND OF GO BACK IN HISTORY A LITTLE BIT, MAYBE GIVE SOME PEOPLE SOMETHING ELSE TO LOOK AT OVER TIME.

THIS AREA WAS A DAIRY FARM AND THEN OF COURSE, IT WAS THE BACK LEGS OF MOUNTAIN VALLEY AND ALL THAT OVER TIME, BUT AS DEVELOPMENT INCREASED IN 99, WE HAD THE LAKES OF BURLESON.

IT WAS A PLANNED DEVELOPMENT AND THERE WERE A LOT OF CONTINGENCIES PUT ON THAT AND THAT WAS THE AREA OF BURLESON COMMONS.

SEVEN THIRTY ONE GOODWILL CREEPING BACK UP IN THAT AREA IN THE BACKSIDE WHERE THE DAIRY FARM WAS. THE CITY WAS ASKED TO PARTICIPATE FINANCIALLY AND SOME ABATEMENTS AND SOME OTHER INFRASTRUCTURE THINGS THAT THE DEVELOPER WAS ASKING AT THAT TIME.

IT DIDN'T WORK OUT.

THAT WAS OVER 800 LOTS IN 1999 IN THAT AREA.

SO WE FAST FORWARD A LITTLE BIT TO TWENTY FIFTEEN THAT ENTIRE AREA FROM BURLESON COMMONS ALL THE WAY UP TO WICKER HILL.

WE HAD SEVERAL MEETINGS IN REGARDS TO A PID DEVELOPMENT THAT ONE STALLED OUT BECAUSE OF CONCESSIONS MADE ON THE CITY IN TERMS OF INFRASTRUCTURE TAX ABATEMENTS AND THEN THE PID WOULD HAVE AN INCREASE IN TAX ON ON THE HOMEOWNER AD VALOREM RATE OVER TIME.

THAT DIDN'T PAN OUT, EITHER.

THIS PARTICULAR DEVELOPMENT IS MARKET DRIVEN.

THERE'S NOT ANY CONCESSIONS ASKED FROM THE CITY IN TERMS OF INFRASTRUCTURE.

ALL THE SUBDIVISION REGULATIONS ARE BEING MET.

THE FLOOD STUDIES HAVE BEEN DONE.

THE TIAS HAVE BEEN COMPLETED FOR TXDOT.

THIS IS A CUSTOMIZED ZONING PACKAGE.

I'M A FIFTH GENERATION RESIDENT HERE IN BURLESON.

I'VE SEEN A LOT OF DEVELOPMENT.

WE WANT TO MANAGE THE DEVELOPMENT THE BEST WE POSSIBLY CAN AND THE CITY TO TRY TO

[00:50:07]

MINIMIZE ANY OF THE REVENUE THAT THE CITY HAS TO INPUT INTO THESE DEVELOPMENTS WHEN THEY'RE MARKET DRIVEN IS A PLUS FOR THE TAXPAYERS.

THIS ONE HAS CONNECTIVITY.

IT HAS GREEN SPACE.

IT'S NOT A HIGH DENSITY DEVELOPMENT.

IT IS A MIXED USE, OBVIOUSLY, BECAUSE IT'S A PD.

IT'S GOING TO IT'S GOING TO BE DEVELOPED BASED ON THE SUBDIVISION REGULATIONS THAT ARE CURRENTLY IN PLACE AND THE ZONING REQUEST IS CERTAINLY IN FRONT OF YOU.

THIS IS A LOT BETTER OPTION THAN HAVING A STRAIGHT ZONE SF-7.

SOMEBODY COMING IN FROM OUT OF TOWN DEVELOPING THIS THAT HASN'T LIVED IN THE COMMUNITY FOR A WHILE, AND I KNOW WALTER HASN'T BEEN THERE AS LONG AS I HAVE, BUT HE'S BEEN HERE FOR A WHILE AND HE'S BEEN PATIENTLY WAITING AND THIS IS A GOOD STAB AT A DEVELOPMENT THAT HAS BEEN STALLED OUT OVER THE COURSE OF 20 PLUS YEARS.

SO I'M IN SUPPORT OF IT.

IT WILL BE BUILT TO THE SUBDIVISION STANDARDS THAT ARE CURRENTLY ON THE BOOKS IN THE CITY AND THIS IS A DEVELOPMENT THAT THERE'S OVER 35 ACRES OF RIGHT OF WAY.

I'M SORRY YOUR TIME.

I'LL MAKE ONE MORE COMMENT.

THERE'S OVER THIRTY FIVE ACRES OF RIDE AWAY THAT THE CITY WILL NOT HAVE TO GO OUT AND ACQUIRE, ESPECIALLY ON THE BOULEVARD SECTIONS LIKE WICKER HILL BOULEVARD.

THERE ARE SOME UPSIDES FOR THE CITY, BUT THERE'S ALSO UPSIDES FOR THE RESIDENTS AS WELL.

THANK YOU. THANK YOU, MR. POWELL. OK, ANYBODY ELSE WOULD LIKE TO SPEAK? YES, SIR. THANK YOU.

THANK YOU. I JUST WANTED TO SAY THAT--I'M SORRY? OH, MY NAME IS STEVE COSCARELLI.

I JUST WANTED TO STATE, I THINK IT'S GREAT THAT THE DEVELOPER HAS DONE A FLOOD STUDY, BUT SINCE HE IS A DEVELOPER, I WOULD REALLY LIKE TO SEE A STUDY DONE BY THE CITY, AN INDEPENDENT STUDY THAT HAS NOTHING TO DO WITH THE DEVELOPMENT OF THE PROPERTY NUMBER ONE.

NUMBER TWO, BECAUSE THIS IS AFFECTING SO MANY PEOPLE, I MEAN, LIKE I SAID, IF SOMEONE HAD A CHANCE TO LOOK AT THE FLOOD MAP AND SEE HOW VILLAGE CREEK, HOW FAR IT GOES AND HOW MANY PEOPLE ARE AFFECTED BY THIS, I THINK ALL THE CITIZENS ARE INVOLVED IN THIS IN VILLAGE CREEK NEED TO BE NOTIFIED.

I THINK WE SHOULD POSTPONE ANY FURTHER MAJOR DECISIONS UNTIL UNTIL THE COMMUNITY HAS A CHANCE TO REACT BECAUSE THIS HAS BEEN LIKE THREE OR FOUR PEOPLE WERE NOTIFIED OF THIS.

THERE'S ONLY WORD OF MOUTH THAT ALL OF US HEARD ABOUT IT BECAUSE OF THE LAW THAT IF IT'S 300 FEET FROM THE PROPERTY GETS NOTIFIED, BUT THERE'S A WHOLE LOT MORE PEOPLE IN BURLESON THAT LIVE IN THIS AREA THAT HAVEN'T HAD A CHANCE TO EVEN BE AWARE OF WHAT'S GOING ON UNTIL MAYBE IT'S TOO LATE.

THEY MAY NOT HAVE FLOOD INSURANCE.

THEY MAY NEED TO GET FLOOD INSURANCE.

THERE ARE SO MANY THINGS THAT WE NEED TO REALLY CONSIDER, AND I REALLY I DO PRAY YOU GUYS REALLY TAKE THIS SERIOUSLY FOR US THAT ARE LIVING ALONG THIS AND I'M NOT KNOCKING THE DEVELOPER, BUT I THINK IT SHOULD BE DONE AS AN INDEPENDENT STUDY, NOT FROM A DEVELOPER.

THANK YOU. THANK YOU.

OK. HEARD FROM QUITE A FEW PEOPLE, AS ANYBODY ELSE WOULD LIKE TO SPEAK BEFORE I CLOSE IT DOWN. YES, SIR.

I'M MARK HICKMAN WITH HICKMAN CONSULTING ENGINEERS, AND I'M HERE TONIGHT ON BEHALF OF THE DEVELOPER. THERE'S A LOT OF COMMENTS AND DISCUSSION ON THE FLOODING AND THE DRAINAGE, AND WE HAVE LOOKED AT THIS.

AS WE INDICATED EARLIER, WE TURNED THE REPORT IN JUST TODAY THAT REFLECTS ALL OF THE DOWNSTREAM DRAINAGE.

THERE'S AN EIGHT SQUARE MILE CONTRIBUTING DRAINAGE AREA ON THIS BASE AND ON VILLAGE CREEK. WE'VE STUDIED ALL OF THAT.

WE'VE TURNED IT IN TO MICHELLE FOR REVIEW WHETHER WE ACTUALLY PRODUCE THIS OR SOME OTHER ENGINEER PRODUCES IT.

WE STILL ULTIMATELY HAVE TO MEET THE GUIDELINES OF THE CITY WITH REGARDS TO DRAINAGE, TO SEWER, TO WATER.

ALL THE ENGINEERING ISSUES TONIGHT, WE'RE HERE TO TALK ABOUT ZONING AND USE, BUT I WANT TO LET Y'ALL KNOW THAT WE HAVE LOOKED AT THE ENGINEERING, EVEN THOUGH WALTER DIDN'T HAVE TO PAY TO HAVE ALL THAT DONE UP FRONT, HE WANTED ALL THE ISSUES ON THE TABLE.

SO WE HAVE LOOKED AT THAT.

OF COURSE, MS. MCCULLOUGH IS GOING TO HAVE TO HAVE TIME TO GO THROUGH THOSE PLANS, BUT I BELIEVE EVERYTHING HAS BEEN SUBMITTED TO HER THAT WILL BACK UP THE FACT THAT WE DON'T SEE ANY DOWNSTREAM NEGATIVE IMPACT FROM THIS DEVELOPMENT.

SO QUESTIONS? THANK YOU. OK.

YES, SIR. ONE MORE TIME, YES.

[00:55:10]

LARRY ROBERTS, YOU KNOW, I'M NOT AGAINST THE DEVELOPMENT, BUT I JUST BEEN SITTING AND LISTENING. YOU MADE SOME VERY GOOD POINTS ABOUT THE INNER STRUCTURE, IT'S ALL GREAT, BUT EVERYTHING YOU SAID IS NOT THERE YET.

EVERYONE HERE'S CONCERN IS CAN WE WAIT? DO WE HAVE THE [INAUDIBLE]? WE'RE GOING TO BUILD THIS AND WAIT ON [INAUDIBLE].

THAT'S NOT THE WAY YOU DO THINGS.

YOU DON'T BUILD AND WAIT FOR SOMETHING THAT YOU NEED.

IF EVERYTHING HAPPENS LIKE WE WERE JUST TOLD HAPPENS, THAT WILL BE GREAT, BUT LET'S DO THAT BEFORE THIS.

THANK YOU. OK, WE'VE BEEN HERE ABOUT AN HOUR.

DOES ANYBODY ELSE WANT TO SAY ANYTHING ON THIS? ALL RIGHT. LET ME CLOSE THE PUBLIC HEARING AT 7:27 AT THIS POINT.

DO YOU GUYS HAVE ANYTHING ELSE BEFORE--STAFF IS STANDING BY FOR ANY QUESTIONS OR ANY ANSWERS THAT YOU NEED? THANK YOU.

ALL RIGHT. I'LL JUST OPEN IT UP TO THE COMMISSION MEMBERS FOR DISCUSSION OR QUESTIONS OR COMMENTS AT THIS POINT.

CAN YOU PULL UP THAT COMP PLAN? THE ONE WAS A LITTLE MORE EXPANDED, PLEASE.

SO I'LL SHOW YOU THIS SLIDE TO SEE A REFERENCE TO BLUE IS THE PROPOSAL AND THE EXPANDED.

OK. SO THE SOLE REASON THAT THE CITY IS AGAINST IT IS BECAUSE OF THE USE ISSUE WITH THE PLAN. YES.

SO FOR A ZONING CASE FOR STAFF TO RECOMMEND APPROVAL OR DISAPPROVAL, WE ESSENTIALLY LIVE AND DIE BY THE COMPREHENSIVE PLAN.

SINCE THE ONE COMPONENT, THE ESSENTIALLY THE COTTAGE-STYLE DOES NOT MEET THE COMP PLAN, STAFF IS UNABLE TO RECOMMEND APPROVAL.

SO WE PRESENT IT BASED OFF THE MERITS.

YOU KNOW, THERE'S SOME GOOD THINGS, BUT REGARDLESS, IF IT DOESN'T MEET THE COMP PLAN, STAFF IS UNABLE TO RECOMMEND APPROVAL BASED OFF OF THAT.

OKAY, SO IT'S THE COMMUNITY COMMERCIAL COMPONENT, RIGHT? AND LIKE THEY SAID, THE SF-7 IS WHAT IT'S CURRENTLY ZONED FOR, DOESN'T CURRENTLY MEET THE COMP PLAN. CURRENT ZONING, KIND OF CAME BEFORE THE COMP PLAN TO JUST TO CLARIFY THAT.

RIGHT, I'M JUST WONDERING, IF YOU LOOK AT THE, I GUESS, THE BOTTOM LEFT OF THE MAP, IT'S KIND OF A THINNER LINE OF OF COMMUNITY COMMERCIAL AND THEN IT EXPANDS OUT AND I'M ASSUMING IT EXPANDS OUT ALONG THE PROPERTY LINES BECAUSE THOSE ARE JUST LARGER PARCELS.

SO IS ANY OWNER IN THE FUTURE GOING TO GOING TO HAVE THEIR HANDS TIED BECAUSE IT'S AN EXPANDED BECAUSE THE LOT SIZE IS BIGGER.

SO SOMETIMES WHEN THEY, YOU KNOW, DEPENDING ON WHO IS TASKED TO DO IT, THEY EITHER GO BY PARCELS OR THEY'LL DO A JUST A BROAD WIDTH.

I'VE SEEN IT BOTH WAYS. IN THIS CASE, THEY WENT BY PARCELS.

SO WHEN THOSE OTHER PROPERTIES COME IN AND DEVELOP, I BELIEVE THEY'RE ZONED AG CURRENTLY, THEY'LL HAVE TO REQUEST A ZONING, AND STAFF WILL MAKE A RECOMMENDATION BASED OFF THE COMPREHENSIVE PLAN.

IF THEY WERE TO COME IN WITH A MIXED USE.

THE SAME THING IN THAT AREA STAFF WOULD PROVIDE THE SAME RECOMMENDATION.

IF THEY CAME IN WITH STRICTLY COMMERCIAL OR GENERAL RETAIL, WE'D MAKE THAT RECOMMENDATION AT THAT TIME BASED OFF THE COMP PLAN.

OKAY, I GUESS I'M JUST SINCE IT WAS ALREADY ZONED SEVEN AND THEN AND THEN THE COMP PLAN GOES IN. SO AS FAR AS THE ZONING, IF THE APPLICANT WANTED TO GO IN THERE TODAY AND BUILD SF-7, HE WOULDN'T HAVE TO REQUEST ZONING.

HE WOULD STILL HAVE TO GO THROUGH SUBMITTING TIA, DETENTION ANALYSIS SUBDIVISION STANDARDS. HE'D STILL HAVE TO MEET EVERYTHING THAT COMES AFTER HE'D WOULD DO ZONING? HE JUST WOULDN'T HAVE THAT STEP BECAUSE HE'S GOT IT PERMITTED BY RIGHT AND WE CAN'T DENY HIM THAT RIGHT, BUT HE STILL WOULD HAVE TO MEET CITY STANDARDS.

SO TO ANSWER YOUR QUESTION, HE COULD GO IN THERE TOMORROW AND SUBMIT SOMETHING TO BUILD SF-7 AND WHAT IS CURRENTLY ZONED SF-7, WHICH WOULD BE A HIGHER DENSITY THAN THE SINGLE FAMILY IS CURRENTLY PROPOSING.

OK AND THEN THE TIA THAT'S BEEN SUBMITTED TO THERE'S BEEN ONE SUBMITTED TO THE CITY, BUT WOULD WE HAVE TO DO ANOTHER ONE? THE TIA WAS SUBMITTED TO THE CITY AND TXDOT.

SO THE TIAS AND THE DRAINAGE STUDIES, A LOT OF THESE THINGS ARE FUNCTIONS OF THE PLAT.

THEY'RE EXPENSIVE.

THEY COST A LOT OF MONEY AND GENERALLY A DEVELOPER'S NOT GOING TO PUT UP SIX FIGURE NUMBERS. IN SOME CASES, [INAUDIBLE] IF THE CITIES EVEN GOING TO ALLOW IT.

[01:00:03]

IN THIS CASE, MR. MATYASTIK HAS ALREADY PROVIDED THOSE DETENTION ANALYSIS WAS SUBMITTED TODAY AS PART OF THE PRELIMINARY PLAT NOT AS PART OF THE ZONING.

THE ZONING, WE'RE LOOKING AT LAND USE AND COMP PLAN AND ADJACENT COMPATIBILITY AND THAT TYPE OF NATURE.

NOT SO MUCH PLATTING FUNCTIONS.

OK, THEN I'LL SAVE THOSE QUESTIONS.

IF WE GET TO THAT POINT, THEN.

I THINK THAT'S ALL I HAVE AND THIS IS THAT GRAPHIC JUST TO SEE IT AGAIN.

SO THE COMP PLAN IS ALL THE BROWN, SO YOU CAN SEE THAT THE BY RIGHT ZONING THAT HE HAS CURRENTLY, IT'S COMMERCIAL A LARGE PORTION OF SF-7 AND THEN SOME PARCELS THAT ARE STILL AG. HMM. YEAH, I GUESS BECAUSE I'M SEEING, I'M FOLLOWING THE YELLOW LINE FROM THE BOTTOM OF THE CHART UP AND THEN THE MULTIFAMILY AND ALL THAT OTHER STUFF.

IF THAT LINE HAD CONTINUED PROPORTIONALLY, AND JUST TO CLARIFY ALL THIS AG IS IN THE COMP PLAN NEIGHBORHOODS, AND THAT COULD PROVIDE A VARIETY OF PRODUCTS THAT ARE RESIDENTIAL NATURE, NOT JUST SF-7.

OKAY AND STAFF DOESN'T HAVE ANY PROBLEM WITH THE PROPOSED DEVELOPMENT IN THAT NEIGHBORHOOD, [INAUDIBLE], THE COMMUNITY COMMERCIAL.

BUT FOR THIS LITTLE MULTIFAMILY OR COMPONENT, IF THAT WASN'T IN THERE, THEN PROBABLY IF THAT WASN'T IN THERE--IF THAT WASN'T IN THERE OR STAFF LOOKED AT IF THERE WAS A WAY THAT YOU KNOW AND WE WORKED WITH THE APPLICANT MULTIPLE TIMES.

IF THE PERCENTAGES OF THE RATIO TO COMMERCIAL THE MIXED USED AND MAYBE WE, YOU KNOW, HE'S LOOKED AT, YOU KNOW, THEY HAVE PROVIDED SOME FUTURE CONNECTIVITY POINTS IN EVERY WAY THAT THEY CAN OTHER THAN JUST REMOVING THAT PRODUCT.

THEY HAVE WORKED WITH STAFF TO TRY TO INCORPORATE SOME OF THOSE CONNECTIVITY AND FEATURES FOR MIXED USE. IT JUST DOESN'T MEET THE COMP PLAN AS WRITTEN.

SO THAT'S WHY OUR RECOMMENDATION IS AS IT IS.

OK. ALL RIGHT.

THANKS, LIDON. ANYBODY ELSE QUESTIONS, COMMENTS. DURING THE COURSE OF YOUR DISCUSSION FOR THE PURPOSE OF INFORMING THE COUNCIL OF THIS ITEM MOVES FORWARD, WE JUST ASK THAT IN YOUR RECOMMENDATION, WHETHER IT'S IN FAVOR OR NOT IN FAVOR, YOU CAN GIVE SOME INSIGHT THAT WAY THE CITY COUNCIL HAS SOME IDEAS TO WHAT YOUR CONCERNS ARE FOR THE PROJECT, IF THAT IS INDEED A RECOMMENDATION THAT COMES FROM YOU IN TERMS OF APPROVAL/DISAPPROVAL.

OK, THANK YOU. AND IF I CAN JUST ADD A COUPLE OF COMMENTS, JUST COMMISSION, REMEMBER THAT WHEN YOU HAVE A ZONING CHANGE REQUEST, THERE'S A BIG DIFFERENCE BETWEEN A MOTION TO DENY THAT PASSES A MOTION TO APPROVE THAT DOES NOT PASS.

IN SUCH A SITUATION, A MOTION TO APPROVE THAT DOES NOT PASS IS NOT A DENIAL.

A MOTION TO DENY, IF IT'S APPROVED TRIGGERS CERTAIN THINGS IN OUR ORDINANCE, REQUIRES A SUPERMAJORITY FOR COUNCIL UPON CONSIDERATION, SO JUST WANT TO THAT ISSUE HAS COME UP AND OTHER ITEMS IN THE PAST AND I JUST WANT YOU TO BE COGNIZANT OF THAT.

ALL RIGHT, AND I'LL KIND OF GIVE WHERE I'M THINKING AT THIS POINT.

I SEE WHAT THE STAFF IS SAYING THAT IT DOESN'T MEET THE COMP PLAN AND I AGREE WITH THE WAY IT'S WRITTEN THAT IT DOESN'T MEET THE COMP PLAN AT THIS POINT.

174, I THINK KIND OF THE VISION WAS I USE THE WORD HIP BUT HIP COMMERCIAL.

WE WANTED TO KIND OF GO IN THROUGH THAT AREA AND I'M NOT SURE.

FURTHER DOWN, IT'S THAT'S THE WAY IT'S BEEN BUILT UP.

EVERYBODY HAD IN THEIR MINDS.

SO LOOKING AT THIS WITH THE TWO SMALL SLIVERS OF COMMERCIAL THAT CAUSES ME CONCERN RIGHT THERE IN THAT GENERAL AREA.

IN ADDITION, A BIGGER THING THAT'S COMING TO ME IS EVERYBODY THAT CAME HERE THAT SPOKE AGAINST THIS, THAT'S GOING TO BE DEALING WITH THIS ON A DAILY BASIS.

I USED TO WORK IN CLEVER, SO I WOULD DRIVE THROUGH THIS AREA ON A REGULAR BASIS.

I DON'T WORK IN CLEVER ANYMORE, SO IT'S NOT GOING TO AFFECT ME PERSONALLY, BUT I SEE WHERE EVERYBODY'S COMING FROM WITH THE TRAFFIC, WITH EVERYTHING GOING ON THAT I COMPLETELY UNDERSTAND THAT.

SO I, FIRST OF ALL, WANT TO SAY THANK YOU GUYS FOR SHOWING UP AND LETTING US KNOW A LOT OF TIMES WHERE IT'S US AND ONE OR TWO PEOPLE OUT THERE.

SO THANK YOU FOR LETTING US KNOW WHAT YOU GUYS THINK ABOUT THIS, BUT OUR GOAL RIGHT NOW IS JUST THE ZONING, WE'RE NOT LOOKING LIKE WE JUST MENTIONED ABOUT DRAINAGE AND ALL THESE OTHER THINGS, WHICH I AGREE ARE HUGE THINGS THAT WOULD COME UP IF THIS IS APPROVED AND THIS MOVES FORWARD, BUT I'M STILL HAVING AN ISSUE WITH THE COMP PLAN, WHICH IS WHAT WE

[01:05:07]

WERE KIND OF, THAT'S OUR GOAL IS, DOES THIS MATCH THE COMP PLAN? YES OR NO? HOW? AND I DON'T THINK IT DOES AT THIS POINT.

IN ADDITION TO ADDING ALL THESE OTHER CONCERNS WITH TRAFFIC, WITH DRAINAGE, THAT COULD BE COMING, THAT CAUSES ME EVEN MORE CONCERN AND AGAIN, WITH EVERYBODY THAT LIVES THERE, THAT'S GOING TO BE DRIVING THIS ON A DAILY BASIS, I MEAN, WE KIND OF REPRESENT THE PEOPLE OF WHAT THEY'RE SAYING.

SO AT THIS POINT, I'M HAVING TROUBLE AGREEING TO THIS THE WAY IT IS, THE WAY IT'S LAID OUT WITH THE PLAN DEVELOPMENT.

SO THERE WAS A LOT OF TALK ABOUT SMART GROWTH, AND I THINK THE COMPREHENSIVE PLAN IS A REFLECTION OF SMART GROWTH BECAUSE IT WAS DONE OVER LONG PERIODS OF TIME WITH LOTS OF CONSIDERATION.

AND YOU KNOW, LIKE YOU, I LIKE TO BE LOYAL TO.

THE THOUGHT PROCESS THAT WENT INTO THE COMPREHENSIVE PLAN.

I AGREE I ECHO THOSE COMMENTS 100 PERCENT.

I DRIVE DOWN THAT WAY MULTIPLE TIMES A WEEK AND IT IS A NIGHTMARE TO SAY THE LEAST AND SO I HAVE SERIOUS CONCERNS ON THE CURRENT INFRASTRUCTURE OVER THERE, AS WELL AS IT NOT ALIGNING WITH THE COMPREHENSIVE PLAN AND I'LL ECHO KASON'S COMMENTS, TOO.

I DO GREATLY APPRECIATE THE TURNOUT TONIGHT.

I THINK I DON'T WANT TO SPEAK FOR EVERYBODY, BUT IT'S PROBABLY SAFE TO DO SO IN THIS REGARD THAT PEOPLE SHOWING AN INTEREST IN THEIR CITY AND THE WAY IT GROWS AND THINGS THAT HAPPEN AND IT IS, IS ALWAYS A POSITIVE THING FOR US AND SO KEEP THAT IN MIND TO SOMEONE MENTIONED IT TO LEGALLY.

IT'S, YOU KNOW, THE CITY'S ONLY REQUIRED TO NOTICE FOLKS WITHIN 300 FEET, BUT LET PEOPLE KNOW AROUND ANYTHING THAT COMES AND IT'S OUR JOB UP HERE ON THESE COMMISSIONS AND ON CITY COUNCIL TO REPRESENT THE CITIZENS OF BURLESON IN THEIR BEST INTEREST AND SO IF WE DON'T ALWAYS HEAR FROM THOSE CITIZENS PRO OR CON, THEN SOMETIMES WE, YOU KNOW, WE HAVE NO CHOICE BUT TO GO ON OUR BEST JUDGMENT ON THE SITUATION.

ALSO, JUST SO IT'S CLEAR IT'S NEVER BEEN MY PRACTICE, AND I DON'T THINK ANYONE'S UP HERE FOR THE PLANNING AND ZONING COMMISSION TO EVER MAKE ANY ZONING RECOMMENDATION, APPROVAL OR DENIAL BASED ON TAX REVENUE FROM ANYTHING.

SO JUST SO WE'RE CLEAR ON THAT, THAT REALLY BEARS NO WEIGHT IN ANY DECISION THAT'S MADE HERE FOR ZONING. SO I THINK ALSO TO BECAUSE OF THE WAY LAWS ARE WRITTEN, I AGREE WITH WHAT KASON AND JASON HAVE MENTIONED AND I THINK IT'S BECAUSE OF WHERE WE'RE AT RIGHT NOW.

IT MAKES THE ZONING DESIGNATION ALL THE MORE IMPORTANT AS WE MOVE FORWARD THROUGH PLANNING AND ALL THOSE THINGS THAT ARE TO COME WHENEVER THESE THINGS ARE SUBMITTED.

SO APPRECIATE EVERYBODY SHOWING UP EVERYONE'S COMMENTS.

WE LIKE TO HEAR THEM ALL TO MAKE THE BEST DECISION.

ANYBODY ELSE? ALL RIGHT, I WILL ENTERTAIN A MOTION ON ITEM THREE.

A CHAIRMAN, I RECOMMEND DISAPPROVAL OF A ZONING CHANGE REQUEST FROM AGRICULTURE TO AGRICULTURAL COMMERCIAL AND SINGLE FAMILY 7 TO PLAN DEVELOPMENT CASE 20-118.

SECOND. OK.

I HAVE A MOTION MADE BY JASON AND A SECOND BY CHRIS, ALL IN FAVOR IF YOU'D RAISE YOUR HAND. OK, AND ALL AGAINST.

ALL RIGHT. ADAM VOTES AGAINST.

OK AND TELL ME WHEN THIS WILL GO TO COUNCIL.

THE COUNCIL IS FEBRUARY 7TH IS THE CITY COUNCIL.

I'LL LET EVERYBODY ELSE OUT THERE.

FEBRUARY 7TH COME BACK AND DO THIS AGAIN.

VOICE YOUR OPINION TO THE CITY COUNCIL.

OURS IS A RECOMMENDATION TO CITY COUNCIL.

THEY MAKE THE FINAL CHOICE, SO MAKE SURE IF THAT'S WHAT YOU'D LIKE TO DO, YOU'RE BACK ON FEBRUARY 7TH TO LET THEM KNOW HOW YOU FEEL OR DON'T FEEL.

ALL RIGHT, THANK YOU, EVERYONE.

ALL RIGHT, WE CAN MOVE ON TO ITEM 3B, WHICH IS 352 SOUTHWEST WILSHIRE BOULEVARD THE TIKI

[B. 352 SW Wilshire Blvd (Tiki Treats) (Case 21-155): Hold a public hearing and consider a zoning change request from "C", Commercial to “SP”, Site Plan Zoning, to allow for a snow cone stand to remain on-site. ]

TREATS CASE 21-155 TO HOLD A PUBLIC HEARING AND CONSIDER A ZONING CHANGE REQUEST FROM COMMERCIAL TO SITE PLAN ZONING TO ALLOW FOR A SNOW CONE STAND TO REMAIN ON SITE.

MR. CHAIRMAN, I'LL JUST WAIT A MINUTE THAT'D BE GREAT. YES, SIR.

[01:10:03]

AND GUYS, IF I COULD JUST ASK YOU IF YOU'D LIKE TO SPEAK.

FEEL FREE TO IF YOU COULD JUST GO OUTSIDE, WE GOT SOME MORE BUSINESS.

WE STILL HAVE TO ATTEND TO THANK YOU.

ALL RIGHT, THANKS. NO, NO WORRIES.

GOOD EVENING AGAIN. LIDON PEARCE CITY OF BURLESON PLANNER.

SO THIS CASE IS, AS YOU MENTIONED, 21-155, THIS IS A TIKI TREAT ZONE CHANGE.

SO THIS IS A APPLICATION FOR A ZONE CHANGE FOR THE PROPERTY CURRENTLY ON 352 SOUTHWEST WILSHIRE. SO THE APPLICANT HAS REQUESTED ESSENTIALLY A SITE PLAN ZONING TO KEEP A SNOW CONE STAND ON THE SITE.

YEAR ROUND. SO CURRENTLY, WE HAVE ORDINANCES THAT DICTATE THE MONTHS OF OPERATIONS, AND AT THE END OF THAT PERIOD OF OPERATIONS, THE STRUCTURE IS REMOVED OR SHOULD BE REMOVED.

IN THIS CASE, THE APPLICANT IS REQUESTING TO KEEP THE STRUCTURE ON SITE, AND THERE'S A COUPLE OF ITEMS OF WHY STAFF HAS ENTERTAINED THAT AND I WILL COVER THOSE.

SO THIS SITE, WHAT DOES MAKE THIS UNIQUE IS IT IS INDIVIDUALLY PLATED.

SO OFTEN THESE ACCESSORY STRUCTURES ARE NOT ON THEIR OWN PLATTED PARCEL; THEY'RE AN ACCESSORY STRUCTURE ON ANOTHER PROPERTIES, AN ACCESSORY TO ANOTHER PRIMARY USE.

IN THIS CASE, THIS IS THE PRIMARY USE, IF YOU WILL, OF THIS PLATTED LOT.

SO THIS SHOWS TWO GRAPHICS.

SO THIS STRUCTURE OVER A PERIOD OF SEVERAL YEARS OFF AND ON HAS STAYED THROUGHOUT NON SNOW CONE SEASON IN THE PAST, AND IT HAS ALSO BEEN REMOVED.

SO CODE ENFORCEMENT ONE OF THESE PICTURES IS FROM LAST YEAR WHEN IT WAS REMOVED AND THEN THE OTHER PICTURE SHOWING THE STRUCTURE NOW IF YOU CAN SEE IN THE PICTURE, YOU CAN SEE IT ACTUALLY HAS ON THAT PLATTED LOT, RAISED CONCRETE PLATFORM, THERE'S BOLLARDS.

THERE'S SOME UTILITY INFRASTRUCTURE THAT IS PERMANENTLY IN PLACE FOR THE TIKI TREAT SNOW CONE STAND. SINCE THIS WAS A ZONE CHANGE, WE DID NOTICE THREE HUNDRED FEET PROPERTIES.

WE POSTED A SIGN AND WE PUT IT IN THE NEWSPAPER.

IT SAYS WE'VE RECEIVED SOME INQUIRIES CONCERNING THIS REQUEST, TO BE HONEST, IT WAS JUST THE APPLICANT HAS CALLED.

WE HAVEN'T HAD ANY OPPOSITION OR ANYTHING REGARDING THIS CASE.

SO KIND OF OUR RECOMMENDATION IN A LOT OF WAYS IS THERE'S A LOT HERE, BUT WE BASED IT ONE. THERE'S A RAISED PLATFORM.

THAT IS THERE FOR THIS SNOW CONE STAND, EXCUSE ME, IT'S PLATTED INDIVIDUALLY, IT'S NOT PART OF A LARGER PARCEL, SO IT IS PLATTED AS ITS OWN LOT.

SO STAFF ISN'T IN OPPOSITION OF THIS ZONE CHANGE.

IT WOULD ALLOW THE SEASONAL SNOW CONE TO STAY ON SITE WITH THE PERMANENT PAD AND BECAUSE THE PARCEL HAS BEEN PLATTED.

IN OUR STAFF REPORT, WE KIND OF ALLUDED TO IT.

THE SNOW CONE STAND WOULD ONLY OPERATE DURING PERMITTED TIME FRAME.

IT WOULD NOT BE A PERMANENT BUSINESS OPERATION.

THEY WOULD STILL GO THROUGH NEIGHBORHOOD SERVICES.

THEY'D REQUIRE A SNOW CONE PERMIT.

THEY WOULD ONLY OPERATE AS A SNOW CONE STAND DURING THE DESIGNATED PERIOD OF THEIR PERMIT.

THIS JUST ALLOWS THEM NOT TO HAVE TO MOVE THE STRUCTURE ON AND OFF THE SITE AT THE END OF EACH SEASON FOR FOUR MONTHS. ESSENTIALLY, THEY HAVE TO MOVE AND BRING IT BACK.

THE APPLICANT, YOU KNOW, DAMAGE TO THE STRUCTURE WAS ONE OF THEIR PRIMARY CONCERNS AND COSTS, AND IN THE PAST, THE STRUCTURE HAS STAYED THERE FOR YEARS WITHOUT BEING MOVED.

WE DID PROVIDE SOME LANGUAGE, TOO, THAT IF THE APPLICANT WERE TO PURSUE A CERTIFICATE CO TO OPERATE ON A YEAR ROUND BASIS, LET'S SAY THEY WANT TO OPERATE SIMILAR TO A COLD STONE CREAMERY OR SOMETHING TO OPERATE YEAR ROUND.

THEY WOULD HAVE TO GET THE REQUIRED PERMITS TO BRING THE STRUCTURE TO A GROUP B OCCUPANCY SO THEY'D HAVE TO PUT BATHROOMS. THEY'D REQUIRE SINKS.

THEY REQUIRED EVERYTHING THAT ANY NORMAL BRICK AND MORTAR BUSINESS WOULD BE REQUIRED.

SO THAT'S NOT THE APPLICANT'S INTENT THERE.

THE INTENT IS THEY JUST DON'T MOVE THE STRUCTURE AND BASED ON HAVING ITS OWN PAD AND BEING PLATTED, STAFF IS IN SUPPORT OF THAT REQUEST.

I'M HERE IF THERE'S ANY QUESTIONS ON THIS LITTLE UNUSUAL REQUEST, BUT AT THIS TIME, WE JUST RECOMMEND OPENING THE PUBLIC HEARING.

OK, THANK YOU. THIS IS A PUBLIC HEARING.

I'LL OPEN IT AT 7:45.

ANYBODY WHO WOULD LIKE TO COME SPEAK, YOU'RE WELCOME TO DO SO AT THIS POINT.

WHILE WE'RE WAITING, I'M JUST GOING TO ASK, SO IF WE DO A SITE PLAN SOLELY FOR SNOW CONES LIKE, SAY, THEY CHANGE AND WANT TO SELL JUST COFFEE AGAIN, NOT BRICK AND MORTAR TO GO INSIDE, BUT A WALKUP, CAN THEY DO THAT? THEY CANNOT, WHAT THEY WOULD HAVE TO DO IS GO GET THE PERMITS FROM THE BUILDING

[01:15:02]

DEPARTMENT TO OPERATE AS A FULL TIME, 24/7/365 BRICK AND MORTAR.

IF YOU'VE BEEN TO THE SITE, I WENT TO THE SITE A COUPLE OF TIMES, THE PAD IS BUILT FOR THAT STRUCTURE. THERE'S NOT ROOM FOR THEM TO ADD A BATHROOM, THERE'S NOT ROOM FOR THEM TO--THEY COULD MAKE IT WORK IF THEY REALLY WANTED TO, BUT THAT'S NOT THEIR INTENT.

SO IF THEY WANTED TO DO COFFEE OR COOKIE SALES OR SOME OTHER TYPE OF THING, THIS ORDINANCE WOULDN'T ALLOW IT. THEY WOULD HAVE TO GO THEN TO THE BUILDING DEPARTMENT, PULL THE PERMITS HAVE EVERYTHING BUILT TO CODE TO THE INTERNATIONAL BUILDING CODE INSPECTED.

THEY WOULD HAVE TO GET A CERTIFICATE OF OCCUPANCY AND THEN THEY WOULD OPERATE AS ANY OTHER COMMERCIAL STRUCTURE IN THE CITY, BUT WE DON'T FORESEE THAT AND THAT'S NOT ANTICIPATED AT THIS TIME, BUT THAT IS ACCOUNTED FOR IN THE WAY THE ORDINANCE IS WRITTEN.

IF SOMEBODY DECIDES TO ALLOW THEM TO DO THAT, THEY WOULD HAVE TO MEET THOSE PROVISIONS.

SURE AND I DON'T HAVE A PROBLEM WITH THE SNOW CONE STAND BEING THERE.

I JUST WANTED TO SAVE SEVERAL STEPS DOWN THE ROAD.

IF THEY SAY, HEY, SNOW CONES, WE DON'T WANT TO DO THIS ANYMORE, BUT WE JUST WANTED PEOPLE TO WALK UP AND HAVE, LIKE YOU SAID, COOKIES OR SOMETHING.

IF THERE'S A WAY, WE COULD DO IT WITHOUT HAVING THEM COME BACK TO THIS PROCESS.

THEY WON'T HAVE TO COME BACK.

THEY WILL BE GOOD.

THEY'LL JUST HAVE TO GO TO THE BUILDING DEPARTMENT AND PULL THE PERMITS AND DO THE WORK.

SO, YOU WOULDN'T SEE THEM AGAIN.

AT THAT POINT, THEY WOULD BE A GROUP B OCCUPANCY WITH A PERMANENT STRUCTURE.

IT WOULD NO LONGER BE A BUILT OFFSITE ACCESSORY TYPE STRUCTURE.

SO THERE IS THAT LEEWAY.

THEY CAN GO, GET THE PERMITS AND DO THE WORK AND OPERATE WITH THAT FASHION WITHOUT HAVING TO REZONE. THEY STILL HAVE THAT UNDERLYING COMMERCIAL.

THIS JUST ALLOWS THEM TO DO IN ADDITION TO WHAT THEY'RE ALREADY PERMITTED BY RIGHT TO KEEP THE SEASONAL PERMITTED USE ON STATION, ESSENTIALLY.

WELL, MY SON WILL LIKE THE SNOW CONE STAND THERE, SO I DON'T THINK THEY'LL BE AN ISSUE FOR MY FAMILY. SO ANY OTHER LIKE A COFFEE SHOP, JUST, THEY'RE NOT ALLOWED TO OPERATE SEASONALLY. THEY HAVE TO DO LIKE THE BRICK AND MORTAR AND ALL THAT.

YEAH, SO ANYBODY THAT OUR CODE IS PRETTY SPECIFIC THAT THE SEASONAL ARE TYPICALLY FALLS INTO LIKE FOOD TRUCKS AND SNOW CONE STANDS, THEY HAVE TO GET A SPECIAL PERMIT AND THERE'S A LOT OF REQUIREMENTS THEY HAVE TO MEET.

SO YOU KNOW WHAT MAKES THIS DIFFERENT? BECAUSE YOU KNOW THE QUESTION BE, WELL, WHY EVERYBODY ELSE IS GOING TO RUSH IN AND TRY TO DO THIS, YOU KNOW, AND THAT'S WHY WE WERE VERY CLEAR IN OUR RECOMMENDATION BECAUSE THEY HAVE THAT PAD SITE BECAUSE THEY'RE PLATTED INDIVIDUALLY.

WE WANT TO MAKE IT VERY CLEAR WHY, IN THIS CASE, STAFF IS NOT AGAINST DOING THAT OR WE MIGHT NOT BE SUPPORTIVE IN OTHER INSTANCES, OK, BECAUSE I'M NOT A BIG SITE PLAN ZONING GUY AND ESPECIALLY WHEN, YOU KNOW, WE HAD THIS ISSUE WITH WITH ANOTHER PIECE OF PROPERTY AND WE LEFT NO OTHER WAY IN THIS CASE, WE LEFT THE COMMERCIAL THERE.

WE DIDN'T REMOVE THE USE IN THE CASE OF MAYBE LIKE A CIGAR LOUNGE OR SOMETHING WHERE WE REMOVE ALL USES ABOUT ONE.

IN THIS CASE, IF THEY LET'S SAY THEY A TORNADO PICKS US UP, HEAVEN FORBID, AND IT'S GONE AND THEY WANT TO COME IN AND BUILD A PERMANENT COFFEE STRUCTURE, THEY COULD STILL DO THAT WITH THE ZONING, OR THEY COULD BUILD THE NEW SNOW CONE STAND, BUT WE DID NOT REMOVE THEIR PERMITTED BY RIGHT USES THAT THEY WOULD HAVE TODAY.

OK AND THAT'S IN THE ORDINANCE.

WE DON'T HAVE TO MAKE THAT IN OUR A MOTION? THAT IS, YES.

SO WE'RE JUST ADDING--WE'RE JUST ADDING A PROVISION, ESSENTIALLY.

YEAH. I MEAN, I CAN SEE THE EXPENSE OF HAVING TO TAKE IT AWAY AND MOVE IT BACK, YOU KNOW.

SOME SOME CITIES DO THIS AS LIKE A CONDITIONAL USE FOR A SUPPLEMENTAL USE PERMIT BECAUSE JUST THE WAY OUR CODES, OUR ORDINANCES ARE WRITTEN, THIS WAS THE MOST EFFICIENT MECHANISM BESIDES, YOU KNOW, NOT FOLLOWING OUR OWN ORDINANCES.

THIS IS THE CORRECT WAY TO DO IT.

AND THEN THE OTHER SNOW CONE STAND THAT OPERATES ALL YEAR LONG THAT'S IN TOWN, I.E.

BAHAMA BUCKS BUT THEY HAVE THE BATHROOMS AND THE SITE AND THE PROPER STUFF.

WHEN WE MENTIONED A GROUP B OCCUPANCY THERE, ESSENTIALLY THEY WOULD BE A GROUP B OCCUPANCY WITH A CERTIFICATE OF OCCUPANCY THAT ALLOWS THEM TO OPERATE LIKE ANY OTHER BUSINESS IN THE CITY. OK, AS A FREQUENT CUSTOMER OF THIS ESTABLISHMENT, I CAN VOUCH THAT THE SITE THAT THEY'RE ON IS PRETTY SPECIFIC FOR THAT STAND.

I CAN SEE IT NOT BEING CONDUCIVE TO THEIR NEEDS TO MAKE IT COME UP TO A GROUP B OCCUPANCY BUILDING AND I CAN ALSO SEE DAMAGE BEING DONE TO THAT LITTLE THING, HAVING TO MOVE IT BACK AND FORTH EVERY YEAR.

OH YEAH.

I DON'T SEE ANY PROBLEM WITH. I FREQUENT IT AS WELL.

YEAH, PROBABLY TOO MUCH FOR ME.

YEAH, YEAH.

ALL RIGHT. LET ME CLOSE THE PUBLIC HEARING SINCE IT'S 7:50 AND THEN WE KIND OF ALREADY TALKED ABOUT IT, BUT IF ANYONE HAS ANYTHING ELSE, OTHERWISE I'LL ENTERTAIN A MOTION ON 3B. I MOVE TO APPROVE THE ZONING CHANGE CASE 21-155.

SECOND. ALL RIGHT, I'M GOING TO GIVE THAT TO JASON.

WE HAVE A MOTION MADE BY ADAM AND A SECOND BY JASON ALL IN FAVOR, RAISE YOUR HAND.

[01:20:02]

THAT'S UNANIMOUS. ALL RIGHT.

NEXT IS ITEM 3C, WHICH IS 3433 EAST RENFRO STREET EAST AT THE INTERSECTION OF RYAN AVENUE

[C. 3433 E Renfro Street east of the intersection of Ryan Ave and E. Renfro Street (Case 21-147): Hold a public hearing and consider a waiver to Section 4.5 “Streets” of the Design Standards Manual for the design criteria of private access easements within the East Park Subdivision. (Case 21-147) ]

AND EAST RENFRO STREET, CASE 21-147 TO HOLD A PUBLIC HEARING AND CONSIDER A WAIVER TO SECTION 4.5 STREETS OF THE DESIGN STANDARDS MANUAL FOR THE DESIGN CRITERIA OF PRIVATE ACCESS EASEMENTS WITHIN THE EAST PARK SUBDIVISION CASE 21-147.

ALL RIGHT, GOOD EVENING COMMISSION.

BEEN HERE A LITTLE OVER SIX MONTHS.

FIRST TIME TALKING TO YOU. SO IF I FLUB JUST, YOU KNOW, GIVE ME A LITTLE BIT OF LEEWAY HERE, BUT THIS CASE 21-147 IS FOR THE EAST PARK SUBDIVISION.

THE PLAT FOR THIS CASE WAS ON THE CONSENT AGENDA EARLIER, WITH THE CONDITIONAL PORTION TO IT. THE SUBDIVISION IS LOCATED SOUTH OF THE INTERSECTION OF RYAN AVENUE AND EAST RENFRO STREET IN THE ETJ.

AS I SAID, THE PROPERTY IS LOCATED IN THE ETJ.

THE FINAL PLAT WAS ON THE CONSENT AGENDA.

THE PROPOSAL IS 8 MULTIFAMILY RESIDENTIAL LOTS WITH MINIMUM OF ONE ACRE WATER SERVICES BY BETHESDA WATER AND SEWER SERVICE WILL BE ON SITE SEWER FACILITY AND AN HOA WILL BE IMPLEMENTED TO MAINTAIN THE PRIVATE ACCESS EASEMENT AND DRAINAGE IMPROVEMENTS.

PER AN INNER LOCAL AGREEMENT WITH JOHNSON COUNTY, BURLESON HAS THE PLANNING AUTHORITY WITHIN THE ETJ AND ALSO CAN'T EXTEND THE DEVELOPMENT DESIGN STANDARDS TO THE ETJ, WHICH INCLUDES THE PAVING STANDARDS.

THE SUBDIVISION ORDINANCE SAYS THAT A PRIVATE ACCESS SHALL BE DESIGNED TO A FIRE LANE STANDARD IF IT'S ACTING AS A FIRE LANE, AND THE CITY INSPECTORS WOULD INSPECT THAT PRIVATE ACCESS EASEMENT AND THE ASSOCIATED DRAINAGE, BUT THE CITY DOES NOT MAINTAIN ANY OF THE ACCESS EASEMENT, WHICH IS THE NEED FOR THE HOA TO DO SO.

JOHNSON COUNTY ALSO DOES NOT MAINTAIN PRIVATE ACCESS EASEMENTS.

THE WAIVER REQUEST IS TO THE SECTION FOUR POINT FIVE STREETS OF THE DESIGN STANDARDS MANUAL, THE CITY STANDARD IS THERE ON THE LEFT IN THIS TABLE HERE.