ALL RIGHT. GOOD EVENING, EVERYBODY. [00:00:02] WELCOME TO THE OCTOBER 11TH EDITION OF THE PLANNING AND ZONING COMMISSION MEETING. [1.Call to Order] I'LL CALL THE MEETING TO ORDER AT 6:31 AND I'LL GIVE THE INVOCATION TONIGHT. [INVOCATION] OUR FIRST ITEM TONIGHT IS CITIZENS APPEARANCES. AND THIS IS A TIME FOR ANYBODY TO COME SPEAK ON AN ITEM THAT IS NOT POSTED FOR PUBLIC HEARING. SO I WILL OPEN IT UP IF THERE ARE ANY. IF THERE'S ANYBODY THAT WANTS TO SPEAK OR UNLESS EVERYBODY'S HERE FOR A PUBLIC HEARING. IF SEEING NONE, REPORTS AND PRESENTATIONS, DISCUSS AND RECEIVE AN UPDATE OF CITY OF BURLESON BOARDS AND COMMISSIONS. [3A. Discuss and receive an update on the City of Burleson Boards and Commissions. ] AMANDA. GOOD EVENING, COMMISSIONERS. THIS IS THE FIRST TIME THAT I'M BEFORE THIS BOARD GIVING THIS PRESENTATION. THIS IS SOMETHING THAT I'LL BE DOING THROUGHOUT THE CITY THROUGH ALL BOARDS AND COMMISSIONS. THIS STARTS YOUR NEW TERM OR A RE APPOINTMENT OF A TERM, OR YOU'RE CURRENTLY IN SECOND OR THIRD YEAR OF YOUR TERM. SO I JUST WANTED TO KIND OF BRIEFLY GO OVER THE BOARDS AND COMMISSIONS HERE. FIRST THINGS FIRST, THANK YOU FOR SERVING. WE REALLY APPRECIATE YOUR TIME. I THINK THAT PROBABLY WE KIND OF COAXED YOU INTO HERE SAYING THAT, OH, IT'S JUST ONE NIGHT A MONTH OR TWO NIGHTS A MONTH. IT'S GOING TO BE A LITTLE BIT MORE THAN THAT BECAUSE WE DIDN'T TELL YOU ABOUT THE PACKET THAT'S PROBABLY MAYBE 1000 PAGES, SOMETIMES 500 PAGES. SO JUST SOME LIGHT READING. SO JUST GO AHEAD AND GET ON YOUR TREADMILL, PUT THAT P&Z PACKET IN FRONT OF YOU AND GET TO GOING. BUT WE APPRECIATE YOUR TIME, HOWEVER YOU SPEND THAT HERE WITH US. SO UNDER THE CODE OF ORDINANCES IS WHERE YOU WILL FIND YOUR PLANNING AND ZONING COMMISSION AND MOST OF YOUR BOARDS. SO IT'S UNDER CHAPTER TWO. WE'RE GOING TO GO OVER EACH ONE OF THESE. I JUST WANT SOME CLARITY SO THAT WE'RE PUTTING THIS OUT THERE THAT APPOINTMENTS ARE MADE BY THE CITY COUNCIL. SO ALL APPOINTMENTS FOR ALL BOARDS AND COMMISSIONS ARE MADE BY THE CITY COUNCIL. EVERY BOARD AND COMMISSION MEMBER OUT THERE SERVES A THREE YEAR TERM. SO EACH TIME YOU'RE GOING UP HERE, IT'S YOUR TERM, IT'S A THREE YEAR TERM NOT TO EXCEED THREE FULL TERMS. THAT MEANS THAT YOU WILL BE UP HERE FOR NINE YEARS IF YOU ARE REAPPOINTED AND YOU ARE WILLING TO SERVE AFTER YOUR FIRST TERM. SO AFTER YOUR FIRST TERM, IF YOU WANT TO RUN FROM THE BUILDING SCREAMING AND HOLLERING, YOU CAN DO THAT. WE WOULD ASK YOU NOT TO, BUT WE WE WOULD UNDERSTAND ALSO, BECAUSE IT IS A GREAT TIME COMMITMENT HERE. YOUR CHAIRPERSON AND YOUR VICE CHAIR ARE SELECTED BY YOU, THE MEMBERS THEMSELVES. SO YOU'RE GOING TO SELECT YOUR CHAIR AND YOUR VICE CHAIR TO SERVE. YOU'VE SELECTED CHAIRMAN RUSSELL THERE TO LEAD YOU. AND THEN YOUR VICE CHAIR IS MICHAEL TUNE. ALL RIGHT. THANK YOU. AND THOSE ARE FOR ONE YEAR TERMS. SO YOUR CHAIR FOR ONE YEAR TERM. BUT IT DOESN'T MEAN THAT YOU CAN ONLY SERVE ONE YEAR. SO IF THEY CHOOSE TO APPOINT YOU EVERY YEAR THAT YOU SERVE ON THIS BOARD AND COMMISSION AND IT'S FOR NINE YEARS, YOU SERVE A FULL NINE YEARS. YOU CAN SERVE AS CHAIR FOR NINE YEARS. THERE'S NO TERM LIMIT ON THAT. ONLY THE ONLY TERM LIMIT THAT YOU'RE GOING TO HAVE IS OBVIOUSLY YOUR TERM LIMIT ON THE BOARD. ALL OF THOSE ARE BROUGHT FORWARD TO THE CITY COUNCIL AS SOON AS I GATHER ALL OF THOSE FROM ALL THE OTHER BOARDS AND COMMISSIONS, AND THEY WILL RATIFY THOSE BEFORE THEM. MOSTLY WHAT THAT DOES IS GIVES RECOGNITION TO THE PLANNING AND ZONING OR PARK BOARD OR ANY OTHER BOARD THAT THE COUNCIL UNDERSTANDS WHO THEIR LEADERS ARE, THAT YOUR BOARD HAS SELECTED YOU AS THEIR LEADER. AND SO THAT'S JUST KIND OF A FORMALITY, BUT IT'S REALLY MORE JUST AN INTRODUCTION THERE. GGENERAL QUALIFICATIONS ARE THAT YOU MUST RESIDE IN THE CITY ONE YEAR PRIOR TO SERVING ON ANY BOARD OR COMMISSION. OTHER BOARDS AND COMMISSIONS MAY HAVE SOME EXTRA REQUIREMENTS IN THERE. THIS, HOWEVER, IS NOT ONE OF THOSE BOARDS. THE ONLY REQUIREMENT IS THAT YOU RESIDE WITHIN THE CITY OF BURLESON ONE YEAR PRIOR TO SERVING ON THIS BOARD. ABSENCES. SO THIS IS THE ONE I WANT TO KIND OF HIT ON BECAUSE I DON'T THINK WE'VE DONE A GREAT JOB OF COMMUNICATING THAT TO YOU ALL. AND I WANT YOU GUYS TO KNOW, THREE CONSECUTIVE MEETINGS. SO IF YOU MISS THREE CONSECUTIVE MEETINGS IN A ROW WITHOUT FIRST OBTAINING A LEAVE OF ABSENCE FROM YOUR MEMBERS, YOU ARE AUTOMATICALLY OFF OF THE COMMISSION. UNLESS YOU'RE PREVENTED BY SICKNESS. SO IF YOU GET SICK AND YOU CALL AHEAD OF TIME, THEN YOU KNOW THAT THAT'S NOT GOING TO BE COUNTED AGAINST YOU ON YOUR THREE CONSECUTIVE MEETING ABSENCES. IF YOU KNOW PERHAPS THAT YOU'RE GOING TO BE OUT OF TOWN OR YOU'RE HAVING MAJOR SURGERY, HEAVEN FORBID YOU HAVE TO HAVE THAT. [00:05:04] BUT IF YOU DO AND YOU'RE GOING TO BE MISSING THREE CONSECUTIVE MEETINGS, THE GOOD THING TO DO IS CALL YOUR STAFF LIAISON FOR YOUR DEPARTMENT, TELL THEM WHAT'S GOING ON. THEY'LL ADD AN ITEM TO THE AGENDA AND ON THE CONSENT AGENDA, NORMALLY IT'S A CONSENT AGENDA, THERE'LL BE A LITTLE ITEM IN THERE. YOU'LL GIVE THEM AS MUCH INFORMATION AS YOU WANT. WE STILL WANT TO HONOR YOUR PRIVACY SO YOU DON'T HAVE TO TELL US EXACTLY WHAT YOU'RE HAVING DONE UNLESS YOU WANT TO. IF YOU WANT US TO SHARE, YOU CAN SHARE. AND SO THEN YOUR OWN MEMBERSHIP WILL DECIDE WHETHER THAT IS EXCUSED ABSENCES OR NOT. AND SO THE OTHER THING IS ATTENDANCE RULES. SO YOU MUST AT LEAST ATTEND 75% OF THE CALLED MEETINGS OF THIS BOARD. AND SO WE COUNT THAT. BECAUSE I KNOW THERE'S SOME CONFUSION SOMETIMES, LIKE WHEN DO WE COUNT THAT? WHAT IS 75% OF MY TERM? WELL, IT'S OCTOBER TO SEPTEMBER, SO 75% OF EACH ANNUAL WILL LOOK AT IT. SO GOING TOWARDS SEPTEMBER, WE'LL LOOK AT WHAT YOUR ATTENDANCE IS. AND IF YOU'VE MISSED MORE THAN 75% OF THE MEETINGS, YOU'RE NOT QUALIFIED TO BE SERVICE AGAIN ON THIS BOARD AND COMMISSION. ALL OF THAT I WANT TO CAVEAT WITH EVEN WHEN YOU TERM OUT. SO I WANT EVERYBODY TO UNDERSTAND THIS, EVEN IF YOU TERM OUT OF THIS PLANNING AND ZONING COMMISSION AND YOU STILL WISH TO SERVE IN SOME CAPACITY, IT DOES NOT STOP YOU FROM SERVING ON ANOTHER BOARD OR COMMISSION IMMEDIATELY AFTER THIS SERVICE HERE. SO I JUST WANT EVERYBODY TO KNOW THAT BECAUSE I THINK SOMETIMES THEY THINK, OH, I CAN ONLY SERVE IN NINE YEARS AND THEN I'M DONE AND I'M OUT. BUT IF YOU'RE WILLING TO SERVE, WE NEED MORE MEMBERS ON EVERY BOARD AND COMMISSION. AND SO WE'D LOVE TO HAVE YOU ON ANOTHER ONE IF YOU STILL WANT TO SERVE. SO DID I HAVE ANY QUESTIONS ON ANY OF THOSE? I KNOW I'M GOING KIND OF QUICK BECAUSE PEGGY SAID I HAVE TO. SHE'S TIMING ME. SHE SHE LITERALLY SAID, I'M GOING TO TIME YOU. I AM A LITTLE PARCHED BECAUSE I ASKED TONY FOR SOME SPARKLING WATER AND I DON'T SEE IT HERE. SO IT'S OKAY, IT'S OKAY. I CAME ANYWAYS. THE LAST THING I WANT TO KIND OF GO OVER IS RESOURCES. I WANT YOU GUYS TO UNDERSTAND THAT YOUR FRONT LINE RESOURCE IS GOING TO BE YOUR DEPARTMENT STAFF LIAISON AND YOU HAVE SOME WONDERFUL COMMUNITY DEVELOPMENT AND SOME ENGINEERING HERE TO SUPPORT YOU IN ANYTHING THAT YOU HAVE. SO YOU HAVE SOME TECHNICAL QUESTIONS OR YOU NEED SOME HELP WITH YOUR PACKET OR ANY DECISIONS OR SOME RULES OR REGULATIONS, PLEASE REACH OUT TO YOUR STAFF MEMBERS. AND I THINK THAT THEY'VE PROBABLY GIVEN YOU ALL THEIR CONTACT INFORMATION AHEAD OF TIME, SO YOU SHOULD HAVE THAT. BUT AT ANY TIME YOU NEED MY OFFICE, YOU'RE WORRIED ABOUT, I'M MOVING TO ANOTHER HOUSE. I DON'T KNOW IF THAT'S STILL GOING TO BE IN THE CITY LIMITS OF BURLESON. I DON'T KNOW IF THAT'S GOING TO AFFECT MY PLANNING AND ZONING. LET ME KNOW. I AM GOING TO BE ABSENT THREE CONSECUTIVE MEETINGS, BUT I'M NOT QUITE SURE HOW TO WORD THAT OR WHAT I NEED TO DO. JUST REACH OUT TO ME, MYSELF OR MY DEPUTY CITY SECRETARY, MONICA, SITTING THERE IN THE FRONT ROW, EITHER ONE OF US. THOSE ARE OUR CELL PHONE NUMBERS. YES, WE DO GIVE OUT OUR CELL PHONE NUMBERS. SO YOU CAN REACH US AT ANY TIME ON ANY ONE OF THOSE NUMBERS IF YOU NEED US. ANOTHER GREAT RESOURCE IS OUR CITY'S WEBSITE ITSELF. YOU CAN GO TO DEVELOPMENT SERVICES, LOOK AROUND THAT PAGE. I WOULD ENCOURAGE YOU TO DO THAT, EVEN IF YOU DON'T HAVE ANY QUESTIONS RIGHT NOW, JUST TAKE SOME TIME TO LOOK AT THAT. YOU'LL HAVE A LOT OF STUFF IN THERE. AGENDAS AND MINUTES. IF YOU'RE CURIOUS ABOUT PREVIOUS MEETINGS OR YOU'RE TRYING TO SEE THE ONE THAT WAS POSTED, GO TO OUR AGENDAS AND MINUTES PAGE THERE AND THEN OUR CODE OF ORDINANCES IS ALWAYS SOMETHING. AND I WILL TELL YOU THIS, IF YOU'RE LOOKING THROUGH THAT AND IT LOOKS LIKE SOMETHING YOU'RE KIND OF CONFUSED ABOUT, PLEASE, THAT'S WHEN WE WANT YOU TO USE THOSE RESOURCES. REACH OUT TO YOUR DEPARTMENT STAFF OR REACH OUT TO MY OFFICE. I BET YOU DEPUTY CITY ATTORNEY MATT RIBITZKI WOULD BE ONE THAT WOULD WANT TO DO THAT. I WAS GOING TO PUT HIS CELL PHONE NUMBER UP THERE, BUT HE SAID I COULDN'T. I'LL STILL GIVE IT TO YOU PRIVATELY IF YOU WANT IT. AND SO [LAUGHTER] WE ALSO HAVE A BOARD HANDBOOK FOR EVERY BOARD AND COMMISSION THAT WE HAVEN'T DONE IN ABOUT THREE YEARS. SO WE'RE UPDATING THAT AND GETTING THAT TOGETHER. AND SO WE WILL BE GIVING THAT OUT IN THE NEXT 90 DAYS. AND I WILL GIVE YOU THE OPTION OF WHETHER YOU WANT A HARD COPY OR YOU WANT AN ELECTRONIC COPY. WE'LL GIVE IT TO YOU IN ANY FORMAT THAT YOU WANT. WE'LL HAVE IT AVAILABLE IN ANY WAY THAT YOU WANT IT. SO THOSE ARE JUST SOME HIGHLIGHTS AND SOME POINTS THERE. I WANT TO AGAIN, THANK YOU FOR YOUR SERVICE AND YOUR WILLINGNESS. MICHELLE SAID TIME IS UP. THAT'S MY CUE THAT MY TIME IS UP, MICHELLE. AND SO ANYWAYS, AGAIN, THANK YOU FOR YOUR SERVICE AND THE CITY COUNCIL THANKS YOU FOR YOUR SERVICE. AND IF WE CAN DO ANYTHING FOR YOU, PLEASE LET US KNOW. THAT'S ALL I HAD CHAIRPERSON. OK. ANY QUESTIONS FOR AMANDA? ALL RIGHT. THANK YOU. THAT WAS EASY. THANK YOU. YOU'RE WELCOME. [4. Consent Agenda] ALL RIGHT. OUR NEXT ITEM IS THE CONSENT AGENDA, AND ALL ITEMS BELOW ARE CONSIDERED TO BE ROUTINE BY THE PLANNING AND ZONING COMMISSION AND WILL BE ENACTED BY ONE MOTION UNLESS SOMEBODY FROM THE AUDIENCE OR THE PLANNING AND ZONING COMMISSION WANTS TO REMOVE THE ITEM. THERE'S ONLY ONE ITEM ON THE CONSENT AGENDA. SO IF ANYBODY WOULD LIKE TO MAKE A MOTION. [00:10:02] MOTION TO APPROVE. ALRIGHT. SECOND. I GOT A MOTION BY DAN AND A SECOND BY MICHAEL. ALL IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSE. MOTION CARRIES. MOTION PASSES UNANIMOUSLY. [5A. The Reserve at 5828 Conveyor Dr (Case 22-071): Hold a public hearing and consider approval of an ordinance for a zoning change request from defaulted “A”, Agriculture, to “SFE" Single-family Estate dwelling district for a single-family gated community.] ALL RIGHT, ON TO OUR PUBLIC HEARINGS. OUR FIRST PUBLIC HEARING TONIGHT IS ITEM 5A. IT IS THE RESERVE AT 5828 CONVEYOR DRIVE, CASE 22-071. WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDERING AN APPROVAL OF AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM THE DEFAULTED A) AGRICULTURAL TO SFE SINGLE FAMILY ESTATE DWELLING DISTRICT FOR A SINGLE FAMILY GATED COMMUNITY. LIDON. ALL RIGHT. GOOD EVENING. THANK YOU, COMMISSIONER. SO THIS ITEM BEFORE YOU IS, AS YOU MENTIONED, THE RESERVE. IT'S A 236 ACRE PROPERTY THAT IS REQUESTING A ZONING CHANGE. SO THIS PROPERTY IS CURRENTLY SITUATED IN OUR ETJ. UPON ANNEXATION, THE DEFAULT ZONING WOULD BE AN AG ZONING, SO THIS PROPERTY WOULD BE ENTITLED TO AN INITIAL ZONING. THAT ZONING THAT THEY'VE REQUESTED IS A SINGLE FAMILY ESTATE, WHICH IS A MINIMUM OF ONE ACRE LOTS. SO AS YOU'LL SEE, THEY'RE CURRENTLY PROPOSING 199 LOTS. THIS COULD CHANGE. THIS IS JUST ZONING. THAT'S THE CURRENT PROPOSAL. OBVIOUSLY, ONCE THEY GET INTO PLATTING AND OTHER PHASES OF DEVELOPMENT, THAT COULD MAKE THAT NUMBER GO DOWN OR POTENTIALLY ALTER THAT. THEY'RE GOING TO HAVE ACCESS, PROPOSING ACCESS OFF OF 917 AND 810 SHOWN IN RED ON THE SCREEN BEFORE YOU. AND IT WILL BE A GATED COMMUNITY WITH PRIVATELY MAINTAINED STREETS AND THEY'LL BE USING SEPTIC. THE ONE THING THAT I LIKE TO POINT OUT, THEY ARE REQUESTING THE ONE ACRE LOT, SFE. IF THEY WERE TO DEVELOP THIS IN THE COUNTY VERSUS IN THE CITY, THEY WOULD BE REQUIRED TO DO A ONE ACRE LOT. SO THEY'RE NOT CHANGING ANY OF THE SIZE THAT THEY WOULD BE REQUIRED TO DO, WHETHER THEY WERE IN THE CITY OR NOT. WHAT WILL HAPPEN IS BY THEM COMING INTO THE CITY WITH THIS ZONING, THEY'LL HAVE TO BUILD TO OUR STANDARDS. THEY'LL HAVE TO PULL PERMITS. OUR CODE ENFORCEMENT WILL HAVE AUTHORITY IN THIS AREA. SO THERE'S SOME PROTECTIONS THERE WITH THIS. THIS ZONING, THOUGH, IS CONTINGENT UPON APPROVAL OF THE ANNEXATION BY COUNCIL. AND I WOULD TELL YOU IS THAT A COUPLE OF THESE PROPERTIES ARE UNDER A DEVELOPMENT AGREEMENT, THAT'S KIND OF WHY YOU'RE SEEING IT COME FORWARD AS A ZONING REQUEST. WE DID SEND OUT NOTICE TO ADJACENT PROPERTY OWNERS AND PUBLISHED IN THE NEWSPAPER. WE RECEIVED ONE ONLINE MESSAGE CARD FROM A MS. JUDY LEMONS. SHE RESIDES AT 5829 CONVEYOR DRIVE. SHE'S ALSO HERE TONIGHT. I'LL JUST READ HER CARD. ESSENTIALLY, SHE INQUIRES THAT IT HAS AN INCREASE IN TRAFFIC ON AN ALREADY OVERLY BUSY CONVEYOR DRIVE BEING CONSIDERED AT ALL. AND IT DOES NOT. SHE MARKED NO, NOT SPEAKING IN FAVOR OR AGAINST THE ITEM. OTHER THAN THAT, WE'VE HAD NO INQUIRIES ABOUT THIS REQUEST. SO STAFF, WHEN WE LOOK AT THIS, YOU KNOW, AND BASE, OUR RECOMMENDATION, ONE, IT MEETS THE COMP PLAN. THEY'RE PROPOSING ONE ACRE LOTS, WHICH IS WHAT THEY WOULD BE REQUIRED BY JOHNSON COUNTY TO DO. SO THEY'RE NOT REQUESTING ANY GREATER DENSITY THAN THEY WOULD HAVE TO DEVELOP. AND THE GREAT TRACTS YOU SEE ARE ALSO UNDER DEVELOPMENT AGREEMENT. WITH THOSE IN MIND STAFF IS RECOMMENDING APPROVAL OF THE ZONING CHANGE REQUEST SUBJECT TO APPROVAL OF THE ANNEXATION. I'M HERE IF YOU HAVE ANY QUESTIONS AND THE APPLICANT IS ALSO HERE IF YOU HAD ANY QUESTIONS FOR HIM ABOUT THIS ZONING REQUEST. OKAY. THANK YOU, LIDON. LET ME GO AHEAD AND OPEN THE PUBLIC HEARING AT 6:45. AND I DO HAVE A SPEAKER CARD FOR MR. MARC WEBB. IF YOU'D LIKE TO COME. OVER HERE? YES, SIR. IF YOU'D JUST STATE YOUR NAME AND YOUR ADDRESS, PLEASE. YEAH, MY NAME IS MARK WEBB. 5803 COPPER WOOD LANE, DALLAS, TEXAS. I REPRESENT STK DEVELOPMENTS. WE ARE THE OWNERS OF THIS PROPERTY, AND WE ARE THE ONES WHO ARE DEVELOPING IT. WE INITIALLY LOOKED AT GOING INTO THE COUNTY, BUT ALL OUR HOMEBUILDERS WANTED TO PAY CITY TAXES, SO WE DECIDED WE'D GO AHEAD AND PLAT INTO THE CITY, BUT WE'RE GOING TO DO A TWO PHASE DEVELOPMENT. WE INITIALLY WERE DOING ONE PHASE BECAUSE WE HAD PRE-SOLD ALL 200 LOTS. THAT WAS TWO MONTHS AGO. AND THEN INTEREST RATES WENT UP AND THEN THEY WENT UP AGAIN AND THEY WENT UP AGAIN. AND THE FIRST BUILDER SAID, YOU KNOW, I THINK WE'RE GOING TO PAUSE FOR A LITTLE WHILE AND SECOND BUILDER SAID THE SAME THING. SO WE BROKE IT INTO TWO PHASES. SO WHEN WE COME BACK IN FOR PRELIMINARY PLAT, YOU'LL SEE HOW THAT IS, BUT WE'LL CONNECT TO FM 17, RUN THROUGH THE MIDDLE AND CONNECT DOWN TO 810. WE'LL HAVE TWO POINTS OF ACCESS IN TWO DIFFERENT WATER DISTRICTS. THE GRAY AREA YOU SEE THAT'S UNDER THE DEVELOPMENT AGREEMENTS IS IN BETHESDA'S WATER DISTRICT AND THE BALANCE TO THE SOUTH IS IN BETHANY. SO WE'VE MET WITH BOTH OF THOSE. WE'VE ALREADY PREPARED THOSE PLANS, SUBMITTED THEM, HAVE APPROVAL FOR THOSE PLANS. [00:15:04] WE'LL HAVE ABOUT A THREE AND A HALF ACRE LAKE RIGHT IN THE MIDDLE, WHICH WILL SERVE AS DETENTION RETENTION. IN OTHER WORDS, IT'LL ALWAYS HAVE WATER IN IT, BUT IT'LL ALSO DETAIN THE WATER AND RELEASE IT AT THE EXISTING RATE. SO THAT'S ABOUT IT. SO IF ANYBODY'S GOT ANY QUESTIONS. ANY QUESTIONS FOR MR. WEBB. WELL CALL YOU BACK UP IF WE NEED TO. THANK YOU. THANK YOU, SIR. ALL RIGHT. AND THEN I DO HAVE THE ONLINE SPEAKER CARD FOR MS. LEMMONS. DO YOU WANT TO COME SPEAK? THEY SAID SHE WAS HERE, IF NOT AND I'LL GO AHEAD AND READ IT INTO THE RECORD SINCE IT'S PUBLIC HEARING. I'VE ALREADY DONE THAT, CHAIRMAN. SO WE'RE GOOD? OK YES. OK. OK. SO SHE'S, WE'VE GOT THAT TAKEN CARE OF. IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME SPEAK ON THIS ITEM TONIGHT? MR. CHAIRMAN, I BELIEVE MS. LEMMONS WAS ASKING FOR AN ANSWER TO HER QUESTION ON THAT CARD. OH, I APOLOGIZE. I APOLOGIZE. SO THE ANSWER TO THAT WOULD BE AT THIS PHASE OF THE DEVELOPMENT THIS ONLY A ZONING CASE. THAT PARTICULAR PHASE WOULD BE THE PLATTING WHERE A TRANSPORTATION IMPACT ANALYSIS WOULD BE SUBMITTED IF IT MEETS OUR TRIP GENERATION REQUIREMENT. ALL RIGHT. ANYBODY ELSE? SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AT 6:47 AND ASK THE COMMISSION IF THEY HAVE ANY QUESTIONS. AND I GUESS MY ONLY THING WOULD BE IF THE CITY, IF THIS DIDN'T HAVE THE DEVELOPMENT AGREEMENT, THEN THIS WOULD BE COUNTY BILL. THEY WOULD COME TO US JUST FOR THE PLAT AND THAT WOULD BE IT. AND THEN WE WOULDN'T HAVE ANY SAY SO ON ANYTHING. THAT IS CORRECT. SO IF THIS WASN'T UNDER DEVELOPMENT AGREEMENT, THEY WOULD BE DOING ONE ACRE LOTS IN THE COUNTY. THERE WOULD BE NO INSPECTIONS FROM OUR BUILDING DEPARTMENT, THERE'D BE NO PERMITS FROM OUR CITY BUILDING DEPARTMENT FOR THE STRUCTURES. WE WOULD ONLY DO PLATTING. WE WOULD HAVE NO OTHER JURISDICTION. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. IF NO OTHER QUESTIONS, THEN I'LL ENTERTAIN A MOTION ON THIS ITEM. A MOTION TO APPROVE ZONING CHANGE REQUESTS FROM AGRICULTURE TO A SINGLE FAMILY ESTATE, CASE 22-071. I'LL SECOND. I HAVE A MOTION BY MICHAEL AND A SECOND BY DAN. ALL IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSED. MOTION PASSES UNANIMOUSLY. [5B. Ordinance Modification for text amendments to Section 100-115 of Article IV – Overlay Zoning Districts of Appendix B, of the Code of Ordinances of the City of Burleson (Case 22-124): Hold a public hearing and consider an ordinance amendment to add “restaurant or cafeteria (drive through type)” to the list of allowable uses with a specific use permit, with conditions within the Old Town Overlay District.] ALL RIGHT. OUR NEXT ITEM IS ITEM 5B, AN ORDINANCE MODIFICATION FOR TEXT AMENDMENTS TO SECTION 100-115 OF ARTICLE IV- OVERLAY ZONING DISTRICTS OF APPENDIX B OF THE CODE OF ORDINANCES OF THE CITY OF BURLESON, CASE 22-124. AND WE WILL BE HOLDING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDMENT TO ADD A RESTAURANT OR CAFETERIA DRIVE-THRU TYPE TO THE LIST OF ALLOWABLE USES WITH A SPECIFIC USE PERMIT WITHIN THE CONDITIONS OF THE OLD TOWN OVERLAY DISTRICT. LIDON. ALL RIGHT. GOOD EVENING AGAIN. SO AS YOU MENTIONED, THIS IS A REQUEST TO AMEND THE OLD TOWN OVERLAY DISTRICT. THIS IS ESSENTIALLY TO ALLOW AN APPLICANT TO REQUEST VIA A SPECIFIC USE PERMIT TO DO A DRIVE-THRU AS A PART OF THEIR ESTABLISHMENT. CURRENTLY, IF THE WAY OUR CODE IS WRITTEN, THAT IF IT'S NOT LISTED AS SOMETHING THAT YOU CAN REQUEST AN SUP FOR IT, YOU CAN'T REQUEST IT. IT'S NOT JUST A CARTE BLANCHE, ANYTHING YOU WOULD LIKE. SO IN THIS CASE, THE APPLICANT HAS PROPOSED TO AMEND THAT, TO ALLOW THEM AT LEAST TO COME BEFORE A COUNCIL TO REQUEST THIS USE. SO STAFF LOOKED AT THIS REQUEST AND WE HAVE ADDED SOME CONDITIONS THAT WE FEEL WOULD BE NECESSARY IN ORDER FOR COUNCIL TO ENTERTAIN THIS REQUEST. SO WHAT WE DID IS WE KIND OF LOOKED AT THE DEFINITION OF HOW WE WOULD WANT THAT AND THEN WE ADDED CERTAIN RESTRICTIONS. SO THESE RESTRICTIONS ARE ESSENTIALLY THAT THE SITE MUST BE LOCATED EAST OF THE THE RAILROAD TRACKS THAT RUN THROUGH OUR OLD TOWN OVERLAY. SO IT PUTS IT ON THE CLOSER TO THE I-35 SIDE AS OPPOSED TO THE WILSHIRE SIDE. THAT A NEW SUP MUST BE APPLIED WITH EACH CHANGE OF OCCUPANCY, LAND USE OR CO REQUESTS. SO WHAT THAT MEANS IS IF THE INITIAL USER COMES INTO ONE OF THESE SITES AND LET'S SAY IT'S A COFFEE SHOP AND THEY COME TO COUNCIL WITH A SUP REQUEST AND THEY MEET ALL THESE CONDITIONS, COUNCIL APPROVES IT. IF A CHANGE OF OWNERSHIP HAPPENS OR A CHANGE IN THE USE OCCURS, THEY WOULD HAVE TO COME BACK BEFORE, GO THROUGH THE SUP PROCESS. THIS WOULD KEEP SOMETHING FROM MAYBE THE COUNCIL FEELS THAT A COFFEE SHOP IS A GOOD USE IN OUR OLD TOWN WITH A DRIVE-THRU, BUT MAYBE A CERTAIN [00:20:02] FAST FOOD RESTAURANT IS NOT. SO THIS PROVIDES SOME PROTECTIONS FOR OUR OLD TOWN OVERLAY IN THE AREA. SO IF THEY HAD TO, IF THE SUP WAS DENIED AT ANY POINT, THEY WOULD HAVE TO MODIFY OR RESTRICT THE USE OF THAT DRIVE-THRU. SO WE INCLUDED THAT. THEY'D HAVE TO INCLUDE A TIA WITH EACH SUP REQUEST AND THEN A SITE PLAN SHOWING THE PLACEMENT OF THE ORDERING WINDOWS, ORDERING DEVICES AND SHOWING THAT THERE'S ADEQUATE STACKING OF THOSE USES. SO CURRENTLY IN OUR CODE WE HAVE NO STACKING REQUIREMENTS. SO THIS IS ACTUALLY WILL BE THE ONLY PLACE THAT HAS THAT STACKING REQUIREMENT TO PROVIDE THAT EXTRA PROTECTION FOR OUR OUR WALKABILITY IN THE OLD TOWN CORE. THIS KIND OF SHOWS YOU A GRAPHIC OF THE CORE AREA OF THE OLD TOWN. SO OUR OVERLAY FOR OLD TOWN EXTENDS BEYOND THE GREEN, BUT THIS IS THE CORE AREA. THE AREAS OUTSIDE OF THE CORE CURRENTLY ALLOW YOU TO REQUEST A DRIVE THROUGH WITH AN SUP, BUT NOT IN THIS GREEN AREA. SO THEY COULD DO A DRIVE IN, DRIVE-THRU TYPE BUT WOULDN'T ALLOW LIKE A DRIVE IN SERVICE. SO YOU THINK LIKE A SONIC OR SOMETHING WITH A, YOU'RE SITTING IN YOUR CAR. THOSE WOULDN'T BE ALLOWED WOULD THIS REQUEST, THIS TEXT AMENDMENT. SO WE LOOKED AT THIS. WE PROVIDED SOME CONDITIONS THAT STAFF THOUGHT WERE APPROPRIATE. AND WE DO RECOMMEND APPROVAL OF THIS TEXT AMENDMENT BASED ON SOME OF THE FOLLOWING. THESE CONDITIONS WILL ENSURE FUTURE PROPOSALS AREN'T DEVELOPED CONTRARY TO OUR VISION OR THE COUNCIL'S VISION AT THAT TIME OF OLD TOWN, AS WELL AS MEETING THE GOALS OF THE COMP PLAN. IT'LL PROVIDE ENHANCEMENTS AND PROTECTIONS TO OUR OLD TOWN NOT CURRENTLY FOUND IN OTHER AREAS OF THE CODE, AND IT STILL ALLOWS US, WE'RE STILL ABLE TO ENFORCE OUR OLD TOWN DESIGN STANDARDS AND MASONRY REQUIREMENTS. SO THIS TEXT AMENDMENT WOULD NOT NEGATE OUR ABILITY TO DO THAT. SO THEY'RE STILL GOING TO HAVE TO PROPOSE A BUILDING. THEY'LL STILL HAVE TO MEET ALL DESIGN, GO THROUGH THE OLD TOWN DESIGN REVIEW. STILL HAVE TO MEET THOSE MASONRY REQUIREMENTS. SO YOU'RE NOT GOING TO BE ABLE TO SEE SOMETHING LIKE A WOODEN OR A METAL CONTAINER TYPE STRUCTURE POP UP WITH A DRIVE-THRU REQUEST. SO I JUST WANT TO MAKE THAT CLEAR. THIS WOULD NOT ALLOW THAT TYPE USE. THEY WOULD STILL HAVE TO MEET ALL THE OTHER OLD TOWN STANDARDS. AND THIS IS KIND OF AN UNUSUAL ONE. WE DO HAVE AN APPLICANT FOR THIS REQUEST THAT WAS AN APPLICANT INITIATED. THEY'RE HERE IF YOU HAVE QUESTIONS. HOWEVER, I THINK MOST QUESTIONS PROBABLY STAFF SHOULD BE ABLE TO ADDRESS AS FAR AS THE TEXT. ALL RIGHT. THIS IS A PUBLIC HEARING, SO I'LL OPEN IT AT 6:54. I DO HAVE A SPEAKER CARD FOR MR. VINSON. IF YOU PLEASE JUST COME UP IN THE STATE YOUR NAME AND YOUR ADDRESS, PLEASE. THANK YOU, MR. CHAIRMAN. MEMBERS OF THE COMMISSION. MY NAME IS JONATHAN VINSON, 2323 ROSS AVENUE IN DALLAS. AND I'LL JUST BE VERY BRIEF. WE SUPPORT THE STAFF RECOMMENDATION AND AGREE WITH THIS. THIS IS A USE POTENTIALLY THAT COULD BE A COMMUNITY SERVING USE. IT'D BE A CONVENIENCE FOR THE RESIDENTS, CITIZENS OF BURLESON. SO I THINK IT'S A GOOD THING. I'VE BEEN DOING THIS QUITE A WHILE, SPECIFIC USE PERMITS, AND I KNOW YOU ALL KNOW THIS ALREADY, BUT THAT'S AN EXCELLENT TOOL FOR MUNICIPALITIES TO HAVE PROTECTIONS, TO BE ABLE TO, YOU KNOW, HAVE A SITE PLAN, HAVE CONDITIONS, APPROPRIATE CONDITIONS, TO REALLY MAKE SURE THAT THIS IS A USE THAT IS A POSITIVE USE, THAT CONTRIBUTES TO THE COMMUNITY. SO THIS SUP PROCESS IS A GREAT TOOL TO DO THAT. ANY PARTICULAR USE UNDER THIS TEXT AMENDMENT, IF IT ULTIMATELY PASSES, COUNCIL WOULD, OF COURSE, COME BACK TO YOU. SO YOU GET A CHANCE TO REVIEW THE SPECIFIC USE IN A SEPARATE APPLICATION, INCLUDING THE SITE PLAN, THE CONDITIONS, ALL THE FACTORS THAT GO INTO THIS. STILL ALLOWS YOU TO ENFORCE YOUR OLD TOWN DESIGN STANDARDS, MASONRY STANDARDS. STAFF'S RECOMMENDING APPROVAL, AND WE SUPPORT THAT. SO WE WOULD RESPECTFULLY ASK THAT YOU MAKE A RECOMMENDATION OF APPROVAL OF THIS TONIGHT. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU. ANY QUESTIONS FOR MR. VINSON? ALL RIGHT. THANK YOU, SIR. THE PUBLIC HEARING IS STILL OPEN. IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME SPEAK ON THIS ITEM TONIGHT? SEEING NONE I WILL CLOSE A PUBLIC HEARING AT 6:55 AND ASK IF MEMBERS OF THE COMMISSION HAVE ANY QUESTIONS. GO AHEAD, DAN. IS THIS BEING DONE BECAUSE SOMEONE WANTS TO COME AND BUILD A SPECIFIC RESTAURANT? THIS IS DRIVEN BY AN APPLICANT THAT HAS A USE THAT THEY DESIRE TO REQUEST. CURRENTLY, THEY CAN'T REQUEST THAT USE BECAUSE THERE'S NO METHOD TO. THEY CAN'T EVEN REQUEST AN SUP FOR IT BECAUSE THE CODE DOESN'T ALLOW IT. SO THE FIRST STEP IN DOING THAT WHEN WE MET WITH THIS APPLICANT IS WE'D HAVE TO AMEND THE TEXT. SO THERE, IS NOW THIS COULD BE WHEN THIS TEXT, IF IT WERE APPROVED, WILL APPLY TO NOT JUST THIS ONE APPLICANT. [00:25:07] THIS ISN'T AN ACTUAL SUP REQUEST. THIS IS JUST THE AMEND THE TEXT TO ALLOW THEM TO EVEN GET TO THAT NEXT STEP. UNDERSTOOD. AND IF WE DID GRANT IT THEN LATER ON DOWN THE LINE, IF THE BUSINESS MET ALL CRITERIA, THEN WE WOULD HAVE TO PRETTY MUCH OK IT, RIGHT? COUNCIL, IT'S A ZONING REQUEST, SO THERE IS DISCRETION WHEN COUNCIL APPROVES OR DISAPPROVES THESE. SO JUST BECAUSE THEY MEET THE CONDITIONS DOES NOT MEAN THAT COUNCIL WOULD HAVE TO APPROVE IT, SUP REQUESTED ZONING. SO IF THEY SAY, HEY, WE UNDERSTAND YOU MEET THE CONDITIONS, BUT THIS ISN'T WHAT MEETS THE CHARACTER OR ADJACENT USES. THIS ISN'T WHAT WE HAVE A VISION FOR OUR COMP PLAN OR THIS ISN'T WHAT WE ENVISION IN OLD TOWN, THEY CAN DENY IT. IT'S NOT LIKE A PLAT, WHEREAS A PLAT YOU MEET EVERYTHING IN THE REGULATIONS, YOU SHALL APPROVE. THIS IS ZONING, SO THERE'S A FUNNEL OF DISCRETION. I JUST DON'T WANT TO BE LOCKED INTO HAVING TO DO SOMETHING. YOU KNOW APPROVE A SPECIFIC TYPE RESTAURANT OR SOMETHING CRITERIA. NO, YOU 100% WOULD NOT BE LOCKED INTO HAVING TO APPROVE JUST BECAUSE THEY MET THE CONDITIONS. I KNOW, YOU KNOW, IN SOME CIRCUMSTANCES, IF THEY MEET ALL THE CRITERIA THEN WE HAVE TO, WE HAVE TO APPROVE IT. SO YEAH, IT IS CALLED A SPECIFIC USE PERMIT. AND GENERALLY WITH PERMITS, IT'S YOU MEET XYZ. BUT BECAUSE IT'S A ZONING RELATED, THERE'S DISCRETION. IT'S NOT LIKE A PLAT. SO YOU CAN STILL RECOMMEND DISAPPROVAL. EVEN IF THEY MET EVERYTHING AND THEY WERE SUPER NICE PEOPLE, YOU COULD STILL RECOMMEND DISAPPROVAL. GOTCHA. ALL RIGHT. THANKS. GO AHEAD. CERTAIN DRIVE-THRUS, I'VE NOTICED A LOT LATELY, CERTAIN RESTAURANTS, MORE POPULAR. A LOT MORE TRAFFIC, WHERE THE TRAFFIC ON THE PROPERTY IMPEDES ROAD TRAFFIC AND ALSO BLOCKS OFF HANDICAPPED LANES AND STUFF LIKE THAT. PARKING. I MEAN, YOU CAN GO TO MCDONALD'S, CHICK-FIL-A, ANY OF THOSE PLACES LIKE THAT. I'VE SEEN WHERE RESIDENTS CAN'T GET IN TO THEIR OWN PROPERTIES. THAT'S MY PERSONAL CONCERN ABOUT ANYTHING LIKE WITH DRIVE-THRUS. I KNOW THAT'S SOMETHING WE CAN WORK OUT LATER ON. SO WITH THE SUP REQUEST, THEY'D BE BRINGING IN A SITE PLAN. SO IN THAT SITE PLAN, IF YOU SAW THOSE THINGS, THAT WOULD BE THE TIME TO ADDRESS IT. SO THE GOOD THING ABOUT SITE PLANS, ANY TIME THEY'RE ASSOCIATED WITH A ZONING, THEY HAVE TO HAVE YOUR AND COUNCIL'S APPROVAL. SO YOU WOULD SEE THE SITE PLAN. STAFF WOULD MAKE THE BEST EFFORTS NOT TO DO THAT. THEY WOULD STILL BE RESPONSIBLE FOR ANY TIAS. THAT'S ONE OF THE CONDITIONS ON HERE. THAT'S ALSO WHY WE INCLUDED THAT STACKING REQUIREMENT. SO CURRENTLY WE DON'T HAVE A STACKING REQUIREMENT. THAT'S WHY YOU YOU MAY SEE SOME OF THESE ISSUES. THAT'S WHY WE'VE INCORPORATED ONE IN THIS CONDITIONS IT WAS A CHANCE FOR STAFF TO TRY TO FIX SOME OF THOSE ISSUES THAT WE'VE HAD IN OTHER SPOTS. YEAH, AND I TRUST STAFF ON PICKING UP ON THAT BEFORE WE EVEN SEE IT AGAIN. THANKS. YES, SIR. JUST OUT OF CURIOSITY, HAS THE OLD TOWN COMMITTEE HAD ANY INPUT INTO THIS? SO THE OLD TOWN COMMITTEE WILL REVIEW SITE PLANS AND THEY'LL REVIEW THE ARCHITECTURAL ELEMENTS TO MAKE SURE IT CONFORMS TO THE CHARACTER AND NATURE OF OLD TOWN. BUT THEY'RE NOT A APPROVAL BODY OR RECOMMENDING BODY ON THE ACTUAL TEXT. WE'RE NOT AMENDING THE DESIGN STANDARDS. WE'RE AMENDING A PART OF THE ZONING REGULATIONS RELATED TO USES, SO THEY WOULD NOT BE A PART OF THAT REVIEW PROCESS. SO IF WE WERE AMENDING DESIGN STANDARDS OR IF IT WAS A SITE PLAN, THEY WILL BE A PART OF THAT. BUT NOT FOR THIS. BUT TO MORE DIRECTLY ANSWER YOUR QUESTION, NO, THEY HAVE NOT. AND I GUESS MY QUESTION IS, ARE WE HOISTING SOMETHING ONTO THEM THAT THEY'VE HAD NO INPUT INTO? SO I CAN'T SPEAK FOR THEM. THEY'RE NOT HERE. BUT I CAN TELL YOU WE'RE FOLLOWING THE PROCESS IN THE CURRENT CITY ORDINANCES. SO WHEN THEY PROPOSE A DRIVE-THRU, IF ANY APPLICANT COMES FORWARD WITH ALL THESE DESIGN CRITERIA, THEY'LL STILL HAVE TO GO TO OLD TOWN. SO WE'RE NOT CUTTING THEM OUT OF THE PROCESS. FOR ULTIMATELY THIS IS JUST ALLOWING SOMEONE TO HAVE AN AVENUE TO EVEN ASK FOR THAT USE. SO IF OLD TOWN DETERMINES THAT A DRIVE-THRU IS NOT CONSISTENT WITH THE PRINCIPLES OF THE OLD TOWN DESIGN, THEY CAN DENY IT. SO THEY'RE GOING TO BE LOOKING AT THE THINGS THAT ARE PRESCRIBED TO THEM IN THEIR APPENDIX C, THE DESIGN STANDARDS. SO THEY'RE GOING TO BE LOOKING AT MORE YOUR ARCHITECTURAL STYLES. THEY'RE NOT LOOKING AT LAND USE NECESSARILY, BUT ARCHITECTURAL ELEMENTS AND STYLES IS, T HAT'S WHAT THAT BOARD IS FOR. I'LL JUST ADD REAL QUICK, THE THE OLD TOWN STANDARDS REVIEW BOARD, IT'S A RECOMMENDATION BOARD. [00:30:03] THEY DON'T HAVE THE AUTHORITY TO DENY USES LIKE THAT. MY ONLY CONCERN, I THINK YOU ADDRESSED IT, WAS THE FUTURE. YOU HAVE TO COME BACK EVERY TIME AND GET AN SUP. AND THE FACT THAT THEY HAVE TO DO A TIA EVERY TIME MAKES IT A LITTLE MORE RESTRICTIVE FROM JUST ANYBODY COMING IN. THAT'S ASSUMING THAT IS A CHUNK OF CHANGE TO DO A TIA. SO. AND AT THE SAME TIME, WE CAN STILL DENY IT. WHETHER OR NOT THAT'S CORRECT. JUST BECAUSE IT'S IN THERE DOESN'T MEAN THAT WE HAVE TO DO IT. SO. DOES ANYBODY ELSE HAVE ANY QUESTIONS? ALL RIGHT. GO AHEAD, BOBBY. IS THERE A SPECIFIC REASON THIS IS ONLY ON THE EAST SIDE OF OLD TOWN? SO WHEN STAFF LOOKED AT IT, WE WANTED TO ORIENT WHERE WE, ONE, KIND OF THOUGHT THESE USES WOULD HAVE LESS IMPACT TO SOME OF OUR WALKABILITY IN OUR CORE AREA. IT'S ALSO CLOSER ORIENTED TO THE HIGHWAY TO I-35, WHERE WE WOULD EXPECT MORE PEOPLE POTENTIALLY TO HAVE DRIVE-THRU INTERACTIONS. WHEREAS, YOU KNOW, OUR CORE WALKABILITY IS KIND OF ON THE WEST SIDE, SO WE WANTED TO MAINTAIN THAT KIND OF MORE INTACT. SO WE LOOKED AT IT STRATEGICALLY, WHERE DOES IT MAKE SENSE TO ALLOW, YOU KNOW, WE'RE THINKING ABOUT OLD TOWN, YOU KNOW, USES CHANGE, CUSTOMER HABITS CHANGE. YOU KNOW, MORE PEOPLE ARE USING DRIVE-THRUS AND PICKUP SERVICES. AND WE THOUGHT, WHERE WOULD IT BE APPROPRIATE TO ALLOW THAT? AND THAT'S WHY WE CHOSE THE EAST SIDE. ANY OTHER QUESTIONS? ALL RIGHT. IF NOT, I WILL ENTERTAIN A MOTION ON ITEM 5B. I'LL MAKE A MOTION TO APPROVE CASE NUMBER 22-124. IS THERE A SECOND? SECOND. ALL RIGHT. I HAVE A MOTION BY DAN AND A SECOND BY MICHAEL. ALL IN FAVOR, PLEASE RAISE YOUR HAND. SORRY, I DIDN'T SEE THEM. ALL OPPOSED. NO. ALL RIGHT. MOTION PASSES UNANIMOUSLY. ALL RIGHT. ITEM 5C. [5C. 3321 John Jones (Case 22-135): Hold a public hearing and consider a waiver to Section 5.1.a “Street and right-of-way basic policies” of the Design Standards Manual for the design criteria for streets within the Sherwood Forest Subdivision. (Staff Presenter: Travis Attanasio, Senior Civil Engineer) ] THIS IS FOR 3321 JOHN JONES (CASE 22-135). WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDER A WAIVER TO SECTION 5.1.A "STREET AND RIGHT OF WAY BASIC POLICIES" OF THE DESIGN STANDARDS MANUAL FOR THE DESIGN CRITERIA FOR STREETS WITHIN THE SHERWOOD FOREST SUBDIVISION. TRAVIS. GOOD EVENING, COMMISSIONERS. I DON'T GET TO SEE YOU ALL TOO OFTEN, SO I HOPE EVERYBODY'S DOING WELL TONIGHT. THIS IS A WAIVER REQUEST TO A STREET SECTION. THIS PROPERTY IS IN THE ETJ, SOUTH OF THE SERVICE CENTER BY A BIT OF WAYS JUST TO KIND OF GIVE YOU THE ORIENTATION OF IT. THE APPLICANT IS ALTON ISBELL, SENDERO OAKS, LLC. THEY HAVE AN APPROVED PRELIMINARY PLAT FOR THIS. WE HAVE NOT SEEN THE FINAL PLAT YET. BUT LIKE I SAID, IT'S IN THE ETJ. THE PRELIMINARY PLAT WAS APPROVED IN FEBRUARY, IT SHOULD SAY 2022. I BELIEVE IT SAYS 2002. IT PROPOSES 24 SINGLE FAMILY LOTS, MINIMUM ONE ACRES, WATER SERVICE WAS BY BETHESDA, SEWER SERVICE WAS ON SITE SEWAGE FACILITY. THE HISTORY TO GET TO THIS POINT. THEY, AS YOU ARE AWARE, OUR DESIGN STANDARDS APPLY IN THE ETJ. THAT'S THROUGH AN AGREEMENT WITH JOHNSON COUNTY. SO THEY DID HAVE TO TURN IN ENGINEERING PLANS. THEY DID TURN IN ENGINEERING PLANS. AND AN INITIAL REVIEW NOTED THAT THE PAVEMENT SECTION DID NOT CONFORM TO THE CITY STANDARDS. STAFF PROVIDED TWO OPTIONS TO EITHER CONSTRUCT IT TO CITY STANDARDS OR TO SEEK A WAIVER. IN MAY, THE CONSTRUCTION DRAWINGS WERE RELEASED. IN JUNE IT WAS DISCOVERED THAT COMMENTS REGARDING THAT PAVEMENT SECTION WERE NOT ADDRESSED PRIOR TO THE RELEASE OF PLANS. THERE'S A MISSING WORD THERE, WERE NOT ADDRESSED. SO IMMEDIATELY CONTACTED THE DEVELOPER, PROVIDED THE TWO INITIAL OPTIONS THAT WAS PROVIDED IN APRIL, BUT NO PAVEMENT HAD BEEN PLACED YET. THE DEVELOPER PROVIDED A GEOTECHNICAL REPORT SIGNED BY AN ENGINEER WITH AN ALTERNATE PAVEMENT SECTION. THE DEVELOPER WAS INFORMED A WAIVER WAS STILL REQUIRED. STAFF DOESN'T HAVE THAT AUTHORITY TO APPROVE WAIVERS. AND AUGUST 7TH THE STAFF INFORMED THE DEVELOPER. [00:35:01] THE DEVELOPER INFORMED STAFF THAT THEY INTENDED TO PLACE PAVEMENT, NO WAIVER HAD BEEN REQUESTED TO DATE. THE DEVELOPER WAS CONTACTED AND INFORMED A WAIVER WOULD BE REQUIRED PRIOR TO THE PLACEMENT OF MATERIAL AND INFORMED THAT THE PLAT MAY NOT BE FILED AT THE COUNTY, AND THE COUNTY WILL NOT ISSUE DEVELOPMENT PERMITS WITHOUT A FILED PLAT. THE DEVELOPER DID END UP PLACING CONCRETE AND WITHOUT THE BENEFIT OF INSPECTION AS REQUIRED. THAT WAS BECAUSE THEY WERE TOLD, YOU KNOW, YOU DON'T HAVE A WAIVER YET. IN SEPTEMBER, CITY STAFF MET WITH THE DEVELOPER. THE GEOTECHNICAL REPORT THAT THEY HAD SUBMITTED WOULD BE CONSIDERED IF THE FOLLOWING CONDITIONS WERE MET: THAT A GATE WOULD BE INSTALLED WITH THE KNOX BOX FOR FIRE DEPARTMENT ACCESS MEETING THE CITY'S REQUIRED REGULATIONS FOR GATED ENTRY. THAT WAY, THE NEIGHBORHOOD WOULD BE CONSIDERED PRIVATE. THERE'LL BE RESTRICTIVE COVENANTS STATING THAT THE HOA WOULD BE RESPONSIBLE PARTY FOR THE MAINTENANCE AND OPERATION OF THE PRIVATE ACCESS EASEMENT AND THE ASSOCIATED DRAINAGE . A COPY OF THE FILED COVENANTS NEEDED TO BE PROVIDED TO THE CITY. A REVISED, PRELIMINARY OR FINAL PLAT, WITH THE LOT LINES GOING TO THE CENTER OF THE PRIVATE ACCESS EASEMENT, THAT'S PER CITY REGULATIONS. CONCEPTUAL APPROVAL OF THE NEW ROAD TO JOHN JONES DRIVE, WHICH IS FM 731, WHICH IS A TXDOT ROADWAY. THE CONCEPTUAL APPROVAL HAS BEEN OBTAINED FOR THAT, SO THAT'S ONE CHECK MARK OFF THE LIST. AND THEN PRIOR TO FILING THE PLAT, ALL INFRASTRUCTURE WILL BE COMPLETED, INCLUDING THE CONNECTION TO JOHN JONES. ANY TURN LANES THAT WOULD BE REQUIRED BY TXDOT AND A LETTER FROM BETHESDA WATER SHALL BE PROVIDED ACCEPTING THE WATERLINE IMPROVEMENTS ASSOCIATED WITH THAT DEVELOPMENT. AS I SAID EARLIER, CITY OF BURLESON HAS PLANNING AUTHORITY WITHIN THE ETJ AND CAN ALSO EXTEND DESIGN STANDARDS, WHICH IS WHY THIS WAIVER IS BEFORE YOU NOW. PUBLIC STREETS SHALL BE DESIGNED AND CONSTRUCTED FOR PUBLIC ROADWAYS, STANDARDS AND CITY INSPECTORS AND INSPECT THAT STREET PAVING AND DRAINAGE. BUT THE CITY DOES NOT MAINTAIN ROADWAYS LOCATED WITHIN THE ETJ. JOHNSON COUNTY HAS LIMITED FUNDING AVAILABLE FOR MAINTENANCE. SO ROADWAYS TO CONSTRUCTED TO THE CITY STANDARDS CAN BE MORE EXPENSIVE TO MAINTAIN AND MAYBE PRIORITIZE LOWER FOR MAINTENANCE AND COULD CREATE FUTURE BURDENS ON THE PROPERTY OWNERS. THAT'S THE REASONING BEHIND THE HOA TAKING RESPONSIBILITY FOR THAT MAINTENANCE. THIS IS, SIMILAR REQUESTS HAVE BEEN RECEIVED AND APPROVED IN THE PAST. THIS PRIVATE STREET WILL NOT BE MAINTAINED BY JOHNSON COUNTY. AND THE GEOTECHNICAL ENGINEER RECOMMENDS THIS ALTERNATE SECTION OF TWO INCHES MORE CONCRETE. SO EIGHT INCHES INSTEAD OF SIX INCHES, THE SAME STRENGTH AND THE SAME REINFORCEMENT, BUT WITHOUT THE STABILIZED SOIL. JUST GOING WITH COMPACTED NATIVE SOIL. NOTIFICATIONS WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY, AND IT WAS ALSO PUBLISHED IN THE NEWSPAPER. AND WITH THAT, STAFF RECOMMENDS APPROVAL OF THE REQUESTED WAIVER BASED ON THE GEOTECHNICAL REPORT RECOMMENDATIONS PROVIDED THAT ALL OTHER STAFF CONDITIONS THAT WERE PROVIDED TO THE DEVELOPER ARE MET. AND I WILL ENTERTAIN QUESTIONS AFTER A PUBLIC HEARING. ALL RIGHT. THANK YOU, TRAVIS. THIS IS A PUBLIC HEARING, SO I'LL OPEN THE PUBLIC HEARING AT 7:10. IF ANYBODY WANTS TO COME SPEAK. SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND ASK THE COMMISSION IF THEY HAVE ANY QUESTIONS. YOU DID SAY THAT THE ROAD WAS ALREADY POURED? YES. HALF. HALF OF THE ROAD UP TO ABOUT MIDWAY BETWEEN THOSE TWO CIRCLES YOU SEE ON THAT PICTURE THERE. I HAVE SEVERAL ISSUES WITH STUFF LIKE THIS. I HAVE SAID BEFORE, I'M A GENERAL CONTRACTOR. I'M IN AND OUT OF MANY DIFFERENT NEIGHBORHOODS A WEEK. THERE'S ONE NOT TOO FAR FROM HERE. I'VE SPOKEN OUT BEFORE WHERE I GOT A PRETTY GOOD WINGSPAN WHERE I CAN LAY DOWN IN WHOLE AND I THINK EVERYTHING EXCEPT MY NOSE AND MY STOMACH DISAPPEAR. IT'S UP ON THE HOMEOWNERS NOW TO TAKE CARE OF THAT. DO YOU HAVE AN IDEA THE EXACT QUALITY OF MATERIALS THAT THEY PUT IN? HAVE Y'ALL DID ANY BOARD TESTING OR ANYTHING? WE HAVE NOT DONE ANY MATERIAL TESTING ON IT. WE DID GET DENSITIES ON THE SOIL TO MAKE SURE THAT THAT SOIL MET THE GEOTECHNICAL RECOMMENDATIONS. SO WE WERE ABLE TO GET DENSITIES BEFORE THEY POURED THE CONCRETE. BUT, AND THEN, JUST I'VE GONE OUT THERE AND PHYSICALLY MEASURED IT WITH A TAPE MEASURE, AND IT'S MORE THAN EIGHT INCHES THICK IN MOST LOCATIONS. [00:40:05] AND THEN SOME OF THESE AREAS, YOU SAID THE CITY WOULD NEVER BE RESPONSIBLE FOR THE MAINTENANCE ON IT, BUT YOU DID SAY THE COUNTY. SO COULD THIS HOA REMOVE THE GATES AND FORCE THE COUNTY TO BE RESPONSIBLE THEN FOR THE ROADS? NOT AS IT IS FILED. THEY WOULD HAVE TO FILE THAT. THAT WOULD BE A COVENANT RUNNING WITH THE PLAT AND RUNNING WITH THE LAND AT THAT POINT. SO THE HOA WOULD HAVE TO BE, WOULD HAVE TO ALWAYS TAKE CARE OF THOSE STREETS. SO IN THAT INSTANCE, THEY WOULD BE REQUIRED TO DEDICATE RIGHT OF WAY INSTEAD OF A PUBLIC ACCESS EASEMENT? I APOLOGIZE. A PRIVATE ACCESS EASEMENT. SO IF IT GETS FILED, THE HOA DOES WHAT THEY'RE SUPPOSED TO DO, THEN THEY COULD NEVER, I MEAN, THEY ALWAYS HAVE TO TAKE CARE OF THE ROAD. YES. WELL, THEY WOULD HAVE TO DEDICATE RIGHT AWAY. THE COUNTY WOULD HAVE TO ACCEPT THAT RIGHT AWAY. AT THIS POINT, THE COUNTY IS NOT ACCEPTING THAT RIGHT AWAY. AND I GUESS THE FIRST HALF OF THE POURING HAS BEEN DONE TO THE ONE THAT WE'RE GOING TO IMPROVE? TO THE TO THE STANDARD THAT THE GEOTECHNICAL REPORT HAD RECOMMENDED, THE EIGHT INCHES. AND LIKE I SAID, IT'S A LITTLE BIT OVER EIGHT INCHES IN MOST LOCATIONS ON COMPACTED SOIL. IF THIS DOES GO FORWARD AND GETS APPROVED, OUR INSPECTORS WOULD INSPECT THE REST OF THE PAVING, WHICH WOULD BE TO THIS SECTION HERE. I'M SORRY. I GOT A TICKLE. I'M GOING TO GO GET A DRINK. BUT Y'ALL KEEP ASKING QUESTIONS. [LAUGHTER] IS THERE ANY. NO. WHAT I'M TRYING TO SAY IS, HOW LONG DO THESE ROADS SUPPOSED TO LAST? I MEAN, IS THERE ANY. THE CONCRETE ROADS IS USUALLY 40 TO 50 YEARS. ASPHALT IS USUALLY 15 TO 25. IT'S KIND OF A VARYING THING, DEPENDING ON HOW MUCH ASPHALT. BUT THIS IS CONCRETE, SO IT SHOULD LAST A GOOD AMOUNT OF TIME BEFORE ANY CRACKS DEVELOP OR ANYTHING LIKE THAT. I NOTICED SOME CONCRETE ROADS AND THEY SEEM TO BE HOLDING UP BETTER THAN A LOT OF THE OTHER ROADS THAT, YOU KNOW, LIKE YOU SAY, HAVE BIG POTHOLES AND JUST HAVE SINKING. AND I THINK THE REBAR IS ONE OF THE THINGS MAKES A LOT OF DIFFERENCE. SO. DO YOU HAPPEN TO HAVE ANY STUDIES BY WAY OF THE LANDOWNER? ARE THEY GOING TO BE UP? IS THIS SOMETHING THAT YOU KNOW, IS GOING TO WORK AND SAY ON DOWN THE LINE YOU'RE NOT GOING TO ENCOUNTER UPSET LANDOWNERS AND PROPERTY OWNERS OR? THE STUDY THAT WE HAVE IS THE REPORT THAT WAS PROVIDED BY THE GEOTECHNICAL ENGINEER, WHICH IS A SEALED DOCUMENT. SO ESSENTIALLY THAT ENGINEER IS SAYING, I STAND BEHIND THIS DESIGN. OKAY. BECAUSE IT'S IN THE ETJ WE DO NOT REQUIRE A MAINTENANCE BOND SO THAT THERE'S NO WARRANTY PERIOD ON. THAT'S THE ONE WE CAN'T ENFORCE IN THE COUNTY. WE CAN ENFORCE THE PAYMENT AND PERFORMANCE BONDS, BUT NOT THE MAINTENANCE BOND. AND THE GEOTECHNICAL ENGINEER, DO THEY DO SOIL SATURATION PERCENTAGES? THEY DID THE STANDARD. THEY GOT THE TUBES OF SOIL, THE ATTERBERG LIMITS, WHICH IS THE PLASTICITY OF HOW MUCH CLAY WAS IN THE SOIL. IT WAS A PRETTY SANDY SOIL, WHICH IS WHY THEY ULTIMATELY RECOMMENDED JUST COMPACTION AS OPPOSED TO CEMENT OR LIME TREATING IT. AND THE SAND DOES MAKE A DIFFERENCE OF REASONING. CONCRETE IS POROUS AND IT WILL WAKE UP MOISTURE FROM THE GROUND, WHICH WILL CAUSE RUST ON [INAUDIBLE] SOIL, RUST TO CONCRETE. THE SAND WILL MAKE A DIFFERENCE THOUGH. IN A GOOD WAY. I GUESS YOU'RE KIND OF WELL, I GUESS THE DEVELOPERS ARE IN A LITTLE BIT OF A PICKLE BECAUSE OTHERWISE MAKE THEM BREAK IT, BUST IT ALL OUT AND START OVER OR HE DOESN'T GET HIS PLAT FILED. RIGHT. THAT'S WHAT WAS TOLD. RIGHT. WHICH IS WHY THERE'S AN EXTENSIVE LIST THAT STAFF HAS PROVIDED THAT NEEDS TO BE ACCOMMODATED BEFORE WE WOULD EVEN CONSIDER RECOMMENDING APPROVAL. [00:45:02] AND IT WAS ALWAYS GOING TO BE A GATED COMMUNITY. INITIALLY IT WAS NOT. SO RIGHT NOW IT SHOWS AS DEDICATED RIGHT AWAY. SO THAT'S WHY WHEN THEY COME IN WITH A NEW PLAT, FINAL PLAT, THOSE PROPERTY LINES WILL GO TO THE CENTER OF THE ROAD. AND MY CONCERNS ARE FOR THE FUTURE HOMEOWNERS, THE ONES THEY'RE GOING TO BE LIVING THERE THAT MAY BE POTENTIALLY STUCK WITH AN ISSUE THAT MAY ARISE FROM THIS. IT'S NOT SO MUCH PUTTING A BAND-AID ON IT FOR THE DEVELOPER. IT'S MY MY CONCERN IS ALWAYS WITH THE HOMEOWNER, THE ONE THAT'S GOING TO HAVE THEIR MONEY INVESTED IN IT. THAT'S WHY I BRING UP ALL THESE CONCERNS. THEY'RE PERSONAL CONCERNS, BUT IT'S KNOWLEDGE THAT I'VE DEALT WITH MANY TIMES. WELL, WE CAN SEE BY CONSTRUCTION ALL OVER EVERYWHERE, ALL THE TIME THAT NO ROADS IS GOING TO LAST FOREVER. AND, YOU KNOW, SO. I DON'T HAVE A PROBLEM WITH IT. YOU GUYS HAVE DONE YOUR DUE DILIGENCE, I THINK, AND SOME OF THE RECOMMENDATIONS THAT YOU MADE TO THEM OR SOME OF WHAT YOU TOLD THEM THEY HAD TO DO SO I'M OKAY WITH IT. OKAY. WELL, ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT. IF NOT, I'LL ENTERTAIN A MOTION ON ITEM 5C. SECOND. I NEED A MOTION. SORRY. I'LL MOVE TO APPROVE THE REQUESTED WAIVER FOR CASE 22-135. NOW I'LL. SECOND, OK GOT A MOTION BY MICHAEL AND A SECOND BY CLINT. ALL IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSED. AND MOTION PASSES UNANIMOUSLY. ALL RIGHT. AND THAT BRINGS US TO ITEM 6, COMMUNITY INTEREST ITEMS. [6. Community Interest Items] I JUST WANT TO SAY WELCOME TO OUR NEW COMMISSIONERS. COMMISSIONER REDDING, COMMISSIONER HADLEY, AND COMMISSIONER FARAM. AND WHEN DO WE HAVE ONE MORE COMING? MAYBE NEXT MEETING. AND ANY OTHER COMMUNITY INTEREST ITEMS? NO. ALL RIGHT. AND WE DON'T HAVE EXECUTIVE SESSION, SO I WILL ADJOURN THE MEETING AT 7:18. * This transcript was compiled from uncorrected Closed Captioning.