Dec 13, 2022 Planning & Zoning Commission

[00:00:02]

ALL RIGHT. GOOD EVENING, EVERYONE.

IT JUST TURNED 630, SO I AM GOING TO GO AHEAD AND GET THIS MEETING STARTED.

[1. Call to Order]

SO LET'S GET ROLLING FIRST ON THE INVOCATION.

ADAM, DO YOU MIND GIVING US THE INVOCATION TONIGHT? THANK YOU, GOD.

WE JUST THANK YOU FOR THIS DAY AND WE THANK YOU FOR THE RAIN THAT YOU'VE PROVIDED US.

AND WE JUST PRAY WE CONTINUE TO GET MORE AND.

JUST ASK YOU WATCH OVER US TONIGHT AS WE MAKE DECISIONS FOR THE CITY AND WE PRAY FOR OUR CITY AND OUR STATE AND OUR COUNTRY.

IN JESUS NAME, AMEN.

AMEN. IF YOU STAND FOR THE PLEDGE, PLEASE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

ALL RIGHT. THE FIRST ITEM WE HAVE ARE THE CITIZEN APPEARANCES.

IF ANYBODY WOULD LIKE TO COME UP AND SPEAK ON SOMETHING THAT IS NOT ON THE AGENDA, YOU'RE MORE THAN WELCOME TO DO SO AT THIS POINT, I BELIEVE PROBABLY EVERYONE IS HERE FOR SOMETHING ON THE AGENDA, SO I DON'T SEE ANY MOVEMENT.

[3. Consent Agenda]

THIS IS THE MINUTES AND A REPLAT OF THE SUNDANCE EDITION.

IF SOMEONE WANTS TO PULL IT OFF, WE CAN DO THAT.

OTHERWISE I WILL ENTERTAIN THE CONSENT AGENDA ALL IN ONE MOTION.

MOTION TO APPROVE THE CONSENT AGENDA.

SECOND, WE HAVE A MOTION BY JASON AND A SECOND BY ADAM.

ALL IN FAVOR IF YOU'D RAISE YOUR HAND.

THAT'S UNANIMOUS.

ALL RIGHT. UNDER THE PUBLIC HEARINGS, FIRST IS FOR A WHICH IS 3808 SOUTH BURLESON BOULEVARD, CASE 22104 TO HOLD A PUBLIC HEARING AND CONSIDER A WAIVER TO SECTION

[4.A. QuikTrip at 449 E Renfro (Case 22-105): Hold a public hearing and consider an ordinance for a zoning change request from “PD”, Planned Development, to “GR" General Retail with a SUP, Specific Use Permit, allowing “Automobile fuel sales” in specific plan area 1, “Spinks” of the IH35 Overlay district. (Staff Presenter: Lidon Pearce, Senior Planner)]

PARKING LOT SITE LAYOUT DESIGN CRITERIA OF THE DESIGN STANDARDS MANUAL AMENDED BY RESOLUTION R117510 FOR THE PARKING LOT DESIGN WITHIN 30 808 SOUTH BURLESON BOULEVARD.

AND JARED WESLEY, WELCOME.

WE DON'T SEE YOU GETTING TO GIVE PRESENTATIONS SOMETHING FOR US ENGINEERING NIGHT SO GOOD EVENING.

I LIKE A COUPLE OF US.

SORRY FOR THE LONG DESCRIPTION.

IT'S ALWAYS FUN TO READ THAT.

SO LIKE YOU SAID, I'M JARED WESLEY.

FOR THE RECORD, SENIOR CIVIL ENGINEER.

THE CASE BEFORE YOU IS A WAIVER TO THE SUBDIVISION DESIGN STANDARDS, SPECIFICALLY THE PARKING LOT CRITERIA AND THE PAVEMENT SECTION.

THE APPLICANT IS MR. LARRY POOLE. HE IS HERE.

IF THERE ARE ANY QUESTIONS REGARDING THE PARTICULAR CASE.

JUST A LITTLE BACKGROUND ON THIS CASE IS IN 2010, THE CITY COUNCIL APPROVED A RESOLUTION BASICALLY AFTER SEEING THAT SOME PARKING AROUND THE CITY WAS DETERIORATING.

THEY HAD SOME ISSUES BROUGHT BEFORE THEM, AND SO THEY DID A RESOLUTION THAT AMENDED THE DESIGN STANDARDS PARKING REQUIREMENTS TO INCLUDE SPECIFIC PAVEMENT SECTIONS THAT HAS TO BE USED IN WHENEVER A PARKING LOT IS CONSTRUCTED.

AND SO WITH THAT, THOSE SECTIONS ARE A SIX INCH HOT MIX ASPHALT, FIVE INCH REINFORCED CONCRETE OR A SIX WITH A SIX INCH STABILIZED BASE.

AND AS TIME WENT ON IN INDUSTRIAL SECTIONS, THERE'S BEEN SEVERAL WAIVERS WHERE PEOPLE HAVE WANTED IN AREAS WHERE THEY'RE NOT GOING TO PARK THE PUBLIC.

THEY'RE GOING TO JUST USE THOSE FOR EQUIPMENT STORAGE.

THEY'RE GOING TO USE IT TO PARK THEIR VEHICLES.

THEY'VE ASKED FOR WAIVERS TO ALLOW THAT TO BE NOT NECESSARILY ASPHALT OR CONCRETE, BUT A FLEX BASE.

AND WITH THAT, STAFF HAS SUPPORTED A SEVEN INCH FLEX BASED ON 95% COMPACTED, AND CITY COUNCIL HAS APPROVED THAT PREVIOUSLY IN INDUSTRIAL ZONED AREAS WHERE THE PUBLIC WILL NOT HAVE ACCESS TO THAT.

WITH THAT BEING SAID, THAT IS THE INTENT BEHIND THIS WAIVER, IS THAT THIS WAIVER WOULD BE FOR A LOCATION WHERE THE PUBLIC WOULDN'T HAVE ACCESS TO PARK THERE BE USED FOR PRIVATE STORAGE AND PARKING ONLY.

WE DID NOTIFY IN ACCORDANCE WITH THE REQUIREMENTS THAT WE HAVE.

WE HAVEN'T HAD ANYBODY COME IN AND GIVE US ANY COMMENTS AS FAR AS YAY OR NAY TOWARDS THE WAIVER.

WITH THAT BEING SAID, THE ACTION REQUESTED FROM THE STAFF IS THAT WE RECOMMEND APPROVAL OF THE WAIVER WITH TWO CONDITIONS, ONE BEING THAT THERE'S A GEOTECHNICAL STUDY DONE TO SHOW THAT THE PARKING LOT IS IN FACT THE SECTION THAT WAS SHOWN ON THE APPLICATION, WHICH IS TYPE A FLEX SPACE.

AND THE SECOND PART OF THAT IS THAT THE PARKING LOT SHALL ONLY BE USED FOR PRIVATE PARKING, FOR EMPLOYEE PARKING AND VEHICLE TRUCK STORAGE AND NOT ACCESSIBLE TO THE GENERAL PUBLIC. ANY QUESTIONS? PERFECT. THANK YOU.

LET ME GO AHEAD AND OPEN THE PUBLIC HEARING AT 634.

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

AND WHILE WE'RE WAITING, IF ANYONE HAS ANY QUESTIONS OR COMMENTS.

[00:05:07]

AND IF NO ONE HAS ANY QUESTIONS OR COMMENTS, I WILL ENTERTAIN A MOTION ON FOR A.

CHAIRMAN. I MOVED TO APPROVE THE WAIVER FOR THE PARKING LOT.

SITE LAYOUT DESIGN CRITERIA FOR CASE 22-104.

IS THAT WHAT THE CONDITION? SORRY WITH WITH STAFF'S CONDITIONS.

SECOND. ALL RIGHT.

WE HAVE A MOTION MADE BY ADAM AND A SECOND BY JASON.

ALL IN FAVOR IF YOU'D RAISE YOUR HAND.

THAT'S UNANIMOUS.

MOVE ON TO ITEM FOUR B, WHICH IS 2301 CR, COUNTY ROAD 805E, CASE 22096.

TO 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 GOOD FARM SUBDIVISION.

TRAVIS. GOOD EVENING.

THERE YOU GO. I COULDN'T LET JARED HAVE ALL THE FUN, SO.

TRAVIS ATTANASIO, SENIOR CIVIL ENGINEER.

THE CASE BEFORE YOU TONIGHT IS KIND OF ONE OF THOSE WHERE SOMETIMES THE CART GETS IN FRONT OF THE HORSE.

SO Y'ALL HAVEN'T SEEN A PLAT FOR GOOD FARMS YET? IT'S WAY FAR DOWN IN THE ETJ IT'S ALMOST IN ALVARADO, BUT WITH THIS THEY ARE REQUESTING A WAIVER TO OUR STANDARD, OUR STREET STANDARDS, WHICH ARE STREET, WHICH ARE DESIGN STANDARDS, DO APPLY IN THE ETJ.

[4.B. QuikTrip at 449 E Renfro (Case 22-106): Hold a public hearing and consider a site plan for QuikTrip with waivers to the IH35 parking setback, Section 5-51, Article V of Appendix C, IH35 Design Standards, and the minimum driveway spacing, Section 5.5 – Streets and Site Standards, Table 1 of the Engineering Design Manual. (Staff Presenter: Lidon Pearce, Senior Planner)]

LIKE I SAID, WE'RE VERY FAR SOUTH.

THE APPLICANT IS TIM BUFFINGTON AND BB INVESTMENT PARTNERS LLC.

WE CLICKED. SO THIS IS A SCREEN CAPTURE FROM THE PLAT THAT YOU HAVEN'T SEEN YET.

THE PRELIMINARY PLAT IS AT STAFF LEVEL WHERE WE'RE WAITING FOR THIS WAIVER TO GO THROUGH THE P&Z AND COUNCIL PROCESS BEFORE PUTTING THAT THROUGH THROUGH THE THE PLAT THROUGH THE PROCESS. IT'S 47 SINGLE FAMILY LOTS, ONE ACRE LOTS.

WATER SERVICE BY CREST WATER AND ONSITE SEWAGE FACILITIES.

THE WAY THAT THE ROAD SECTIONS WORK IS IF IT'S ASPHALT, THE COUNTY WILL MAINTAIN IT.

IF IT'S CONCRETE, IT'S UP TO THE INDIVIDUAL LOTS TO MAINTAIN THAT OR HOMEOWNER'S ASSOCIATION.

WE DO HAVE THAT IN OUR LOCAL AGREEMENT THAT I HAD MENTIONED WHERE BURLESON HAS THE PLANNING AUTHORITY, BUT AND ALSO CAN EXTEND DESIGN STANDARDS.

THE SUBDIVISION ORDINANCE SAYS THE STREETS SHALL BE DESIGNED AND CONSTRUCTED PER PUBLIC ROADWAY STANDARDS.

THOSE ARE VERY SPECIFIC STANDARDS THAT ARE THAT ARE OUTLINED IN OUR DESIGN MANUAL.

THE CITY DOES NOT MAINTAIN ROADS IN THE ATJ, THOUGH.

JOHNSON COUNTY, LIKE I SAID, WELL, WILL MAINTAIN ASPHALT STREETS, BUT THEY JUST DON'T HAVE THE CAPABILITY AND FUNDING TO DO CONCRETE STREETS.

ON THIS SLIDE HERE.

THIS IS A SLIDE YOU'VE SEEN BEFORE FOR FOUR OTHER SUBDIVISIONS WHERE IN MARCH 2019, STAFF PRESENTED A MODIFIED PAVING SECTION. SO YOU CAN SEE THE CITY STANDARD, THE COUNTY STANDARD AND THEN THE STAFF RECOMMENDATION THERE.

SO IT'S A HIGHER STANDARD THAN THE COUNTY STANDARD, BUT IS NOT QUITE AS HIGH AS THE CITY STANDARD.

THAT'S WHERE THAT'S WHERE THAT'S AT.

CITY COUNCIL AGREED TO THE MODIFIED SECTION.

SO THE CITY SUBDIVISION ORDINANCE TODAY DOES NOT ALLOW STAFF TO HAVE THAT STAFF LEVEL APPROVAL.

WE ARE PROBABLY GOING TO TRY TO WRITE SOMETHING IN THERE FOR THE DESIGN MANUAL UPDATE.

THAT DESIGN MANUAL UPDATE WAS APPROVED ON JULY 18TH, 2022, WHICH WOULD, IF THERE'S ALREADY STAFF RECOMMENDATION FOR THIS SECTION AND COUNCIL HAS AGREED TO IT, THEN AT A STAFF LEVEL WE COULD APPROVE THESE WAIVERS AND NOT MUDDY THE PROCESS.

NOTIFICATION WENT OUT TO PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY.

THAT INCLUDED SOME LOTS OUTSIDE OF THE BURLESON ECJ, AND IT WAS PUBLISHED IN THE NEWSPAPER.

AND THE REQUESTED ACTION IS STAFF RECOMMENDS APPROVAL OF A WAIVER TO SECTION 5.1 ST AND RIGHT AWAY BASIC POLICIES OF THE SUBDIVISION AND DEVELOPMENT ORDINANCE FOR THE DESIGN CRITERIA FOR STREETS WITHIN THE GOOD FARM SUBDIVISION.

ALL RIGHT. THANK YOU, TRAVIS.

THIS IS THE PUBLIC HEARING AS WELL.

I'M GOING TO OPEN IT AT 639.

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

AND WHILE WE WAIT, I WILL JUST ASK ANYONE ON THE COMMISSION IF ANYBODY HAS ANY QUESTIONS OR COMMENTS.

I HAVE A COUPLE OF COMMENTS. I'M A GENERAL CONTRACTOR, SO I'M IN AND OUT OF QUITE A FEW RESIDENTIAL COMMUNITIES.

[00:10:01]

$800,000-MILLION DOLLAR HOMES, POTHOLES OUT THERE.

THERE'S ONE WHERE I BELIEVE WAIVER WAS DONE.

I THINK IT'S DOWN ON THE HOA OF SOMEWHERE AROUND 70 TO $75000 REPAIR.

IT'S BEEN THAT WAY FOR YEARS.

SO SOMETIMES I SEE AN ISSUE WITH THIS.

THAT'S MY PERSONAL OPINION.

ALL RIGHT? YES, SIR.

WE HAVE A PUBLIC HEARING.

IF YOU WOULD JUST COME UP HERE AND IF YOU'LL STATE YOUR NAME AND ADDRESS FOR US WHEN YOU START.

THANK YOU. THANK YOU, SIR.

MY NAME IS WADE FOLEY.

MY WIFE, CINDY FOLEY.

AND WE JUST HAPPENED TO GET YOUR NOTICE IN THE MAIL THE OTHER DAY.

AND I KNOW SAM.

GOOD. I GUESS HE MIGHT HAVE SOLD THE PROPERTY AND THE.

AND WE BACK UP THE RIGHT OVER MY FENCE LINE, AND WE HAVE THE FOUR AND A QUARTER ACRES ON 3813 TO INCREASE DRIVE.

AND SO WE BACK UP TO.

USED TO BE RUCKER OWNS LITTLE FARM BACK THEN BUT SO NUMBER ONE I DIDN'T KNOW THAT THEY WERE IN BURLESON ETJ.

I DIDN'T REALIZE YOU GUYS REACHED THAT FAR.

I ALWAYS THOUGHT WE WERE IN JOSHUA'S ETJ.

IF EVEN JOSHUA ARE JUST PURE COUNTY.

BUT DID THEY DID BURLESON REACH ALL THE WAY OUT THERE TO THAT PROPERTY AND AND TAKE IT IN AS THERE ETJ.

I BELIEVE SO. IS THAT CORRECT? THAT IS CORRECT WE DO.

THAT IS THE REASON WHY IT'S BEFORE THIS AUTHORITY.

THAT'S WHAT STOMPED US, NUMBER ONE, TO EVEN GET A LETTER FROM BURLESON BEING INVOLVED IN ANY OF THIS.

BUT WE HEARD MY NEIGHBOR CALLED HIM ABOUT BUYING THE PROPERTY A LITTLE WHILE BACK AND IT WAS ALREADY A DONE DEAL FROM TALKING TO SAM.

BUT THE WE'RE ALSO CURIOUS.

I MEAN, YOU GUYS TO LIVE IN TEXAS.

YOU KNOW, THE ROUTINE.

THEY COME IN AND THEY DO A SUBDIVISION LIKE THAT.

47 WE HEARD THIS 25 TWO ACRE TRACTS, BUT ENDS UP 47 ONE ACRE TRACTS.

SO I TAKE IT, YOU KNOW, EVERYBODY'S PROBABLY GOING TO HAVE THEIR OWN SEPTIC OR SAID SOMETHING ABOUT AN ONLINE SEWAGE DEAL, BUT WE HAVE A HAIRPIN TURN RIGHT OUT. SAM GOOD'S PROPERTY SPLITS ON TWO SIDES.

HE BOUGHT RICK IRWIN'S OUT COMPLETELY.

SAM LIVES ON ONE SIDE, SOLD OFF THE OTHER 60.

SO THERE IS A LONG FRONTAGE ROAD IN FRONT OF HIM.

BUT ALL THESE SUBDIVISIONS COME IN.

WE HAVE A HAIRPIN TURN COMING RIGHT OFF THE CORNER, AROUND THE CORNER FROM WHERE THESE HOMES ARE GOING TO COME IN.

THE COUNTY, ROADS ARE ALMOST PEA SHOOTER ROADS, YOU KNOW, AND WE'VE GOT ANOTHER ARENA THAT JUST WENT IN THERE.

BOBBY MARTIN AND HIS DAD PUT AN ARENA RIGHT THERE AROUND THE CORNER FROM US.

AND SO WE HAVE HORSE TRAILERS COMING IN AND THEN WE PUT 47 MORE HOMES IN THERE.

I'M CURIOUS IF THEY'VE TAKEN INTO CONSIDERATION I HEARD THE MAN SPEAK ABOUT, YOU KNOW, COUNTY AND COUNTY ROAD AND MAINTAIN ANYTHING BUT GETTING PEOPLE IN AND OUT OF THERE IS SOMETHING THAT ALL OF US ARE CONCERNED.

WHEN I SPEAK FOR ALL MY NEIGHBORS, YOU KNOW, THE BACK UP TO THEM.

IS THERE ANY CONSIDERATION TAKING INTO ALL THIS ABOUT THE COUNTY ROADS, NOT JUST THROWING UP DEVELOPMENT AND THEN WORRY ABOUT THE COUNTY ROADS TO GET EVERYBODY IN AND OUT LATER? YOU KNOW, THAT'S WHAT ALL THE NEIGHBORS WERE CONCERNED ABOUT, TOO.

AND SO I DIDN'T KNOW HOW I CAN GET ANY INFORMATION BECAUSE WE JUST EVERYTHING WAS WORD OF MOUTH, YOU KNOW, NEIGHBOR TO NEIGHBOR.

SO THIS KIND OF TOOK US BY SURPRISE ON THE 47.

BUT ALSO WHAT THE COUNTY IS GOING TO DO TO WIDEN THOSE ROADS AND EVERYTHING TO GET PEOPLE IN AND OUT OF THERE SAFELY.

BECAUSE IF YOU GUYS SAW IT AND I'M SURE, YOU KNOW, HAIRPIN CORNERS AND BACK ROADS OF TEXAS, AND SO IF WE HAVE AVAILABILITY, ANY OF THAT KIND OF INFORMATION.

WELL, I'LL TELL YOU WHAT, WHEN YOU HAVE THE CITY KIND OF GOING WITH THE ETJ INTO THE COUNTY, IT'S KIND OF A NEBULOUS SYSTEM THAT CREATES.

YEAH, I KNOW THE ROUTINE.

AND THE CITY HAS THEIR RULES.

THEY HAVE TO FOLLOW THE COUNTY HAS THEIR RULES, THEY HAVE TO FOLLOW.

AND THEN THERE'S A MIXTURE.

STAFF HERE WILL HAVE 1000 TIMES MORE INFORMATION ON KIND OF WHAT'S GOING ON SUBDIVISION WISE.

AND UNFORTUNATELY, YOU GUYS ARE USUALLY THE LAST ONES TO KNOW IS THE NEIGHBORS KIND OF LIKE, HEY, WHAT'S THE BUILDING GOING IN THAT PASTURE BEHIND MY HOUSE? AND THANK YOU BECAUSE I'VE BEEN HERE 30 YEARS, I ACTUALLY DO INVEST IN REAL ESTATE, NOT A ROOKIE TO ETJS AND EVERYTHING ELSE.

AND WHEN IT'S IN THE ETJ, IT'S SOMETIMES EVERYBODY'S GUESS AND NO MAN'S LAND ON WHO YOU KNOW CONTROLS WHAT COUNTY.

OF COURSE YOU KNOW MINIMUM ONE ACRE FOR A SEPTIC SYSTEM IF MY NUMBERS ARE STILL RIGHT USED TO BE 95 FOOT FRONTAGE YOU KNOW, FOR EACH LOT.

[00:15:04]

WE'RE TRYING TO GET IN AND OUT SAFELY BECAUSE THEY DON'T, YOU KNOW.

AND SO I DON'T KNOW IF I HAVE TO TALK TO THE I MEAN, WE USED TO KNOW ALL THE COUNCIL MEMBERS, COUNTY JUDGE, ALL OF THEM BEEN FRIENDS OF MINE A LONG TIME.

SO I DON'T KNOW HOW TO GET INFORMATION ON WHO'S DOING WHAT BECAUSE IT IS ETJ OR THE COUNTY JUST GOES.

WELL, AND I'LL TELL YOU WHAT, UNFORTUNATELY, BEING IN THE ETJ, THE CITY DOES NOT HAVE NEAR AS MUCH TEETH AS THEY DO IF IT'S INSIDE THE CITY LIMIT.

AND THAT'S ONE OF THE DRAWBACKS ABOUT BEING IN THE ETJ.

EXACTLY. ON THE FLIP SIDE, IF YOUR PROPERTY IS IN THE ETJ, YOU HAVE MORE FREEDOM TO DO WITH YOUR PROPERTY.

SO IT ABSOLUTELY CUTS BOTH WAYS.

AND WE LIKE IT.

YOU KNOW, THE COUNTRY, EVERYBODY DOESN'T WANT TO BE TOLD WHAT TO DO OR CITY TAXES AND EVERYTHING ELSE.

BUT THE WAIVER ON THE STREETS, I DON'T EVEN UNDERSTAND WHAT THEY'RE WAIVING OR WHAT YOU KNOW, IF WE HAVE ANY INPUT OR WHATEVER.

I DON'T EVEN. AND YOU GUYS SENT US A LETTER, SUPPOSEDLY, THAT, YOU KNOW, TO NOTIFY US OF WAIVER.

THE WAIVER. YOU KNOW, THEY'RE ASKING FOR THE STREETS.

WE DON'T EVEN KNOW WHAT THAT WAIVER MEANS OR ENTAILS.

AND OR IF WE'RE IN YOUR OR WE HAD 3813 TWIN CREEKS DRIVE, RIGHT? I MEAN, THEIR PIPE FENCE BACKS UP TO US.

RIGHT? SO BEHIND MY FENCE 60 ACRES AND SO BUT WE'RE NOT IN BURLESON ETJ ACROSS THAT FENCE, ARE WE? I WOULD HAVE TO LOOK AT THE MAP.

YEAH. EXCUSE ME, MR. CHAIRMAN. I WOULD HAVE TO LOOK AT THE MAP TO ANSWER THAT PARTICULAR QUESTION IN REGARDS TO BEING IN THE ETJ.

BUT I WOULD LIKE TO ADDRESS THE ISSUE OF THE PLAT.

SO THEY, THEY ARE IN OUR WE HAVE PLATING AUTHORITY SINCE THEY ARE IN OUR ETJ.

GOTCHA. AND THEY WILL NEED TO MAKE ALL THE EXCUSE ME, ALL OF THE DESIGN STANDARDS THAT WE SPEAK ABOUT IN OUR SUBDIVISION ORDINANCE.

THEY WOULD HAVE TO MEET OR THEY WOULD HAVE TO COME BEFORE THIS BOARD FOR A WAIVER, JUST AS THEY ARE FOR THE ROAD STANDARDS.

SO IN THIS INSTANCE, INSTEAD OF BUILDING TO A CONCRETE ROADWAY, CURB AND GUTTER, AS TRAVIS HAD ON THE POWERPOINT, THE STANDARDS THAT ARE THERE IN FRONT OF YOU ON THE SCREEN, THEY ARE ASKING FOR SOMETHING OTHER THAN THAT, WHICH IS A WAIVER REQUEST, WHICH IS BEFORE THE PLANNING AND ZONING COMMISSION TONIGHT BEFORE THEY CAN PROCEED TO THE PRELIMINARY PLAT.

SO IF THEY FAIL TO GET THIS WAIVER THIS EVENING, THEY WOULD BE REQUIRED TO MEET THE CITY STANDARD AND THEN THEY WOULD MOVE FORWARD WITH THE PRELIMINARY PLAT.

NOW, UNFORTUNATELY FOR YOU GUYS, IF THEY'RE NOT REQUESTING ANY OTHER WAIVERS, IT WOULD BE ADMINISTERIAL APPROVAL FOR THIS BOARD THAT ONCE THEY'VE MET ALL OF THE CITY STANDARDS THAT ARE WRITTEN IN OUR SUBDIVISION ORDINANCE AND OUR DESIGN GUIDELINES, THEY WOULD COME BEFORE THIS BOARD, BUT IT WOULD BE A CONSENT AGENDA ITEM AND THE NEIGHBORS WOULD NOT GET ANY NOTIFICATION BECAUSE THERE ARE NO WAIVERS REQUESTED.

EXACTLY. IT'S ALL OF OUR STANDARDS RIGHT THERE.

SO I CAN GET WITH YOU AND LET YOU KNOW ABOUT YOUR AREA TO SEE IF YOU'RE WITHIN OUR ETJ OR NOT.

WELL, ARE THEY TRYING TO GO AWAY FROM, SAY, CONCRETE STREETS TO CHIP SEAL OR WHAT ARE THEY WAIVING AS THE STANDARD IS? I'LL DEFER TO TRAVIS ON THAT.

SURE. SO THEY HAVE TWO OPTIONS.

THEY CAN HAVE TWO INCHES OF ASPHALT, OVER EIGHT INCHES OF FLEX SPACE AND A CEMENT STABILIZED SUBGRADE.

SO IT'S IT'S AN 18 INCH SECTION.

BASICALLY, YOU'VE GOT SIX INCHES OF DIRT, TWO INCHES OF ASPHALT.

ALTERNATIVELY, THEY CAN GO WITH A FIVE INCH CONCRETE SECTION.

THEY UNFORTUNATELY DON'T TELL US WHICH ONE THEY'RE GOING WITH.

WHEN THEY REQUEST THE WAIVER, THEY JUST REQUEST THE STAFF RECOMMENDED WAIVER..

FOR THE TWO? FOR EITHER THE TWO INCH ASPHALT OR THE FIVE INCH CONCRETE.

YEAH, TWO DIFFERENT KINDS.

AND THEN BUT WHO'S INSPECTING ALL THESE ROADWAYS JUST CURIOSITY SAKE AND THE DRAINAGE AND ..

OUR CONSTRUCTION INSPECTORS DO INSPECT IN THE ETJ..

AND THEY'VE DONE FOR ME TO SEE, YOU KNOW, WHAT THEIR DRAINAGE IS.

SO WE KNOW WE'RE NOT BEING IMPACTED YOU KNOW FROM.

SO YEAH, UNDER DRAINAGE THAT FALLS UNDER THE TEXAS WATER CODE.

BASICALLY THE WATER CODE SAYS YOUR NEIGHBOR CAN'T PUT ADDITIONAL WATER ON YOU THAT ISN'T EXISTING TODAY.

YES. SO WHEN THEY COME IN WITH THE PLAT, THEY WILL IF THE PLAT MEETS ALL OTHER STANDARDS AS AS WAS MENTIONED, THEN THAT PLAT GETS ADMINISTERIALLY APPROVED, IT GETS ON THE CONSENT AGENDA, THEN THEY WOULD HAVE TO TURN IN ENGINEERING PLANS TO US.

THOSE ENGINEERING PLANS HAVE TO MEET THE CITY STANDARDS FOR FOR THIS ROADWAY SECTION DRAINAGE.

[00:20:02]

THE COUNTY ALSO GETS THOSE PLANS.

THE COUNTY ALSO GETS THE PLAT.

SO THEY HAVE AN OPPORTUNITY TO COMMENT AS WELL.

YES, SIR. AND SO BURLESON STILL IS OVERSEEING THE CITY OF BURLESON, STILL OVERSEEING THE ENVIRONMENTAL AS FAR AS THE DRAINAGE ASPECTS OF THE SUBDIVISION AND IMPACT ON.

YES, UP UNTIL THE POINT AT WHICH THE PUBLIC INFRASTRUCTURE IS DONE THEN THEN IT'S JUST ON THE COUNTY FOR ISSUING BUILDING PERMITS.

YES, SIR. IF YOU DON'T MIND.

WHAT DOES IT MEAN ABOUT ONSITE SEWER FACILITY? A SEPTIC SYSTEM? OH, SO, EVERYBODY, THAT'S WHY YOU'RE DOING THE MINIMUM ONE ACRE, CORRECT? CORRECT. OKAY. AND THEN.

AND SO THE WAIVER, I TAKE IT FOR THE TWO DIFFERENT KINDS OF WAYS THEY COULD GO WITH THE STREET AS FAR AS THE IMPACT OF BECAUSE IT'S ETJ. AND EVEN IF IT'S JUST PURE COUNTY, THE ROADS GETTING IN AND OUT TO ALL OF THIS, YOU GUYS AREN'T PLANNING ON KICKING IN FOR DOING ANY HELPING THE COUNTY DO ANY KIND OF ROADWAY WIDENING OR ANYTHING ELSE TO HELP WITH THE FACILITATING EGRESS AND INGRESS TO THAT SUBDIVISION THE COUNTY WILL HAVE. LIKE I SAID, THEY'LL HAVE AN OPTION OF A WAY TO COMMENT ON THE PLAT IF THEY DON'T LIKE THE WAY IT'S LAID OUT, IF THEY WANT TO RESTRICT CERTAIN ACCESS POINTS TO THE SITE, THAT'S THINGS THAT THEY WILL SEND US COMMENTS ON.

BUT SINCE WE'RE JUST A STREET WAIVER PROCESS, WE HAVEN'T RECEIVED THOSE COMMENTS.

CURIOSITY SAKE, HAVE YOU BEEN TO THE LAND? I HAVE NOT. IT'S REALLY SOUTH.

YEAH. SO I WILL.

I WILL VISIT IT WHEN THE ENGINEERING PLANS COME IN BECAUSE I DON'T LIKE TO REVIEW STUFF THAT I HAVEN'T SEEN PERSONALLY.

THAT'S JUST MY PERSONAL ENGINEERING STYLE.

WHEN YOU COME UP, YOU'LL KNOW.

AND THAT'S THE NEIGHBORS CONCERNS MOST OF ALL.

AND BECAUSE IT'S SKETCHY, AS IS WITH THE ARENA THAT WENT IN ON BOBBY MARTIN AND SAM MARTIN'S PROPERTY.

SO IT'S GETTING BAD.

AND SO WE DIDN'T KNOW WHO WE HAD TO TALK TO.

OF COURSE, I'M FAMILIAR WITH THE COUNTY AND, YOU KNOW, ALL OF THEIR DEALS.

AND SO THE I GUESS IF I READ THIS RIGHT, IT GOES BACK TO THE COUNTY.

AND THAT'S RIGHT. I WOULD BE IN CONTACT WITH STAFF BECAUSE, LIKE THEY SAID, THEY CAN KIND OF EXPLAIN THAT PORTION OF IT.

BUT THEN WHOEVER YOUR COUNTY COMMISSIONER AND I'M NOT SURE WHAT PRECINCTS PRECINCT FOUR, PRECINCT FOUR IS, THAT'S LARRY WOOLLEY.

CORRECT. OKAY. I WOULD CONTACT LARRY WOOLLEY.

HE'S VERY EASY.

I KNOW HIS OFFICE.

SO AND I WOULD VOICE YOUR CONCERNS AND QUESTIONS.

AND THEN HE, HIM AND HIS STAFF CAN BE ON THE LOOKOUT FROM THE COUNTY SIDE AS WELL.

THANK YOU. BECAUSE, LIKE, IT'S ONE OF THOSE WEIRD THINGS, YOU KNOW, THE ROUTINE AND YOU KNOW WHERE I'M COMING FROM.

BECAUSE IF IT WAS BESIDE YOU, YOU'D BE DOING THE SAME THING.

NO. ONE OTHER JUST CURIOSITY QUESTION BEFORE I LOSE MY TRAIN OF THOUGHT HERE ON THE.

YOU MADE ME THINK OF SOMETHING ELSE ON.

IT'LL COME TO ME, I GUESS.

AND THEN I CAN ALWAYS FOLLOW UP.

I LOST MY TRAIN OF THOUGHT THERE FOR A SECOND, BUT IT WAS NOT ON THE COUNTY.

IT'LL COME TO ME.

ABSOLUTELY. IF YOU HAVE ANOTHER QUESTION.

CITY STAFF IS AND I CAN ANSWER FOR THE CITY ATTORNEY.

I TAKE IT I AM NOT KNOW THAT GENTLEMAN UP THERE, MR. ROBINSON IS.

I GOTCHA. SO YOUR STAFF THAT TAKES CARE OF.

I'M THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND I'D BE HAPPY TO ANSWER ANY QUESTIONS FOR YOU.

UNFORTUNATELY, THE ONLY ITEM ON THEIR AGENDA TONIGHT IS THE WAIVER FOR THE ROADWAY.

YEAH, I JUST TRYING TO CATCH UP REAL QUICK YOUR TIME AND ANSWERS TO AND I'LL JUST FOLLOW UP.

THANK YOU, GUYS. ALL RIGHT.

THANK YOU. ALL RIGHT.

WE'RE STILL IN THE PUBLIC HEARING.

IS ANYBODY ELSE ALL RIGHT, LET ME CLOSE THE PUBLIC HEARING AT 6:54.

AND THEN WITH ALL THAT BEING SAID, DOES ANYBODY ELSE HAVE ANY QUESTIONS OR COMMENTS REGARDING FOUR B? AGAIN, I'LL JUST REITERATE THAT I'M REAL BIG ON ESPECIALLY WHEN IT'S GOING TO BE PRIVATE HOMEOWNERS DRIVING THE ROADS AND STUFF STANDARDS IS REALLY WHAT I LIKE TO STICK TO. NOT SAYING THERE'S GOING TO BE ANY KIND OF QUALITY DIMINISHING OR ANYTHING LIKE THAT.

I JUST LIKE TO KNOW THAT IT'S GOING TO BE THERE FOR THE PEOPLE THAT NEEDS HOMES.

ALL RIGHT. IF THERE IS NOTHING ELSE, I WILL ENTERTAIN A MOTION ON ITEM FOUR B CASE 22096.

CHAIRMAN, I RECOMMEND TO APPROVE THE WAIVER FOR CASE 22-096.

ALL RIGHT. AND IS THERE A SECOND?

[00:25:01]

OKAY. IS THERE ANY OTHER MOTIONS THAT SOMEBODY ELSE WOULD LIKE TO MAKE IN REGARDS TO CASE 22-096? I RECOMMEND DENIAL OF A WAIVER FOR SECTION 5.1.

CASE 22-096.

SORRY, JASON, YOU SAID FOR A DENIAL OF 22-096 CORRECT.

OK. OH, SECOND.

ALL RIGHT. WE HAVE A MOTION MADE BY JASON AND A SECOND BY BILL.

ALL IN FAVOR OF THAT.

RAISE YOUR HAND.

ALL RIGHT. AND ALL AGAINST.

THAT'S A VOTE OF 3 TO 1.

ALL RIGHT. ITEM FIVE A, WHICH IS REPORTS AND PRESENTATIONS FOR CLIFF WOOD EDITION PHASE THREE, LOCATED NORTHWEST OF THE INTERSECTION OF NORTH CUMMINGS DRIVE AND COUNTY ROAD 517 WITH AN APPROXIMATE ADDRESS OF 3601 NORTH CUMMING DRIVE CASE 22-038 TO CONSIDER A PRELIMINARY PLAT FOR CLIFF WOOD ADDITION PHASE THREE CONSISTING OF PHASE 3 A, LOTS ONE THROUGH SIX BLOCK ONE LOTS ONE THROUGH SIX BLOCK TWO LOTS ONE THROUGH TEN, BLOCK THREE AT PHASE THREE B PLOT SEVEN THROUGH 19, BLOCK ONE LOT 11 THROUGH 25, BLOCK THREE WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BURLESON.

THAT'S A MOUTHFUL TOO.

MEMBERS OF THE COMMISSION FOR THE RECORD, JPUK DEVELOPMENT SERVICES PRESENTING CASE 2238.

A PRELIMINARY PLAT FOR A CLIFF WOOD DEVELOPMENT.

THE APPLICANT IS DARRYL HOWARD AND THE OWNER IS CLIFFORD DEAL.

THE SUBJECT PROPERTY IS APPROXIMATELY 80 ACRES AND IS LOCATED AT 3601 NORTH CUMMINGS DRIVE.

SO THE CLIFF WOOD PHASE THREE DEVELOPMENT CONTAINS 50 SINGLE FAMILY LOTS THAT WILL ALL BE RESIDENTIAL.

THEY'LL ALL HAVE A MINIMUM LOT SIZE OF ONE ACRE, AND THEY'RE LOCATED IN THE EXTRATERRITORIAL JURISDICTION, WHICH MEANS THAT THERE'S NO ZONING INVOLVED IN THIS SUBDIVISION. PHASE THREE IS BROKEN DOWN INTO TWO SUBCATEGORIES, BEING PHASE THREE A AND PHASE THREE B, WHICH THE 50 LOTS ARE MADE UP WITHIN THOSE TWO DIFFERENT PHASES.

AND YOU COULD SEE IN THE IMAGE PHASE THREE AND PHASE THREE B ARE KIND OF SPLIT IN HALF BY THAT DARKER, BOLD BOUNDARY IN THE MIDDLE OF THE PLAT.

SO AS FOR DRAINAGE, A FLOOD STUDY WAS SUBMITTED FOR THE PROJECT AND REVIEWED BY AN OUTSIDE CONSULTANT FOR THE CITY.

THE FLOOD STUDY HAS BEEN APPROVED AND SHOWS THAT NO DETENTION OF STORMWATER IS REQUIRED FOR THE SITE AND A FLOOD PLAIN EXISTS ON THE PROPERTY.

BUT JURISDICTION OF THE FLOODPLAIN LIES WITH JOHNSON COUNTY.

AS FOR TRAFFIC, A TRAFFIC IMPACT ANALYSIS WAS NOT REQUIRED FOR THIS PROJECT.

AS VOLUMES AND TURNS DID NOT EXCEED THE THRESHOLD.

AND AS FOR WATER AND SEWER.

WATER WILL BE SERVED FROM BETHESDA WATER SUPPLY CORPORATION AND SEWER WILL BE INDIVIDUAL PRIVATE SEPTIC SYSTEMS. THE ACTION REQUESTED IS TO APPROVE THE PRELIMINARY PLAT FOR CLIFFWOOD ADDITION, PHASE THREE, CASE 22-038.

ALL RIGHT. THANK YOU.

THIS IS NOT A PUBLIC HEARING, SO I'LL JUST ASK A COMMISSION IF ANYBODY HAS ANY QUESTIONS OR COMMENTS.

I WILL ENTERTAIN A MOTION ON ITEM FIVE A.

MOTION TO APPROVE THE PRELIMINARY PLAT FOR CLIFFWOOD ADDITION, PHASE THREE, CASE 202-038.

SECOND. I HAVE A MOTION MADE BY JASON AND I SECOND BY ADAM.

ALL IN FAVOR IF YOU'D RAISE YOUR HAND.

THAT'S UNANIMOUS.

ALL RIGHT, COMMUNITY INTEREST ITEMS. I DON'T THINK WE HAVE ANY.

THERE'S NO EXECUTIVE SESSION NEED TONIGHT, SO WE CAN ADJOURN AT 6:59.

THANKS, EVERYONE.

* This transcript was compiled from uncorrected Closed Captioning.