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[00:00:01]

>> GOOD EVENING, EVERYONE.

[1.CALL TO ORDER]

IT'S 6:01 PM.

I WILL CALL THE FEBRUARY 13TH PLANNING AND ZONING MEETING INTO ORDER.

FIRST ITEM IS GOING TO BE THE INVOCATION.

DAN, COULD YOU LEAD US PLEASE.

>> HEAVENLY FATHER, THANK YOU FOR THE OPPORTUNITY TO GATHER HERE TONIGHT AND DO BUSINESS FOR THE CITY OF BURLESON.

WATCH OVER AND GUIDE US AND HELP US MAKE THE DECISIONS AFFECTING THIS MEETING.

IN JESUS NAME WE PRAY. AMEN.

>> PLEASE JOIN ME FOR THE PLEDGE.

IS GOING TO BE CITIZEN APPEARANCES.

THIS IS THE TIME WHERE ANYONE IN THE AUDIENCE CAN COME SPEAK ON ANYTHING THAT IS NOT LISTED IN THE PUBLIC HEARING.

AGAIN, WE DO HAVE A PUBLIC HEARING REGARDING CLIFFWOOD AND WE WILL HAVE A SEPARATE TIME FOR YOU GUYS TO SPEAK ON THAT.

IS THERE ANY OTHER NON-AGENDA ITEMS THAT ANYBODY WOULD LIKE TO SPEAK ON? SEEING NONE, WE'LL MOVE ON TO THE CONSENT AGENDA.

[3.CONSENT AGENDA]

THESE ARE ITEMS ENACTED WITH ONE MOTION UNLESS SOMEONE FROM THE AUDIENCE, COMMISSION, OR STAFF WOULD LIKE TO PULL AN ITEM.

OTHERWISE, I WILL ENTERTAIN A MOTION FROM THE COMMISSION.

>> MOTION TO APPROVE.

>> I'LL SECOND.

>> HAVE A MOTION BY CLINT, SECOND BY MICHAEL.

ALL IN FAVOR RAISE YOUR HAND.

PASSES UNANIMOUSLY.

THAT TAKES US TO ITEM 4A,

[4.A.Cliffwood Phase 3 (Case 23-327): Hold a public hearing and consider a resolution for 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 Cliffwood Phase 3. (Staff Contact: Michelle McCullough, Assistant Director/City Engineer)]

PUBLIC HEARING ON CLIFFWOOD, PHASE 23-327.

HOLD A PUBLIC HEARING AND CONSIDER A RESOLUTION FOR A WAIVER TO SECTION 5.1A STREET AND RIGHT-OF-WAY, BASIC POLICIES OF THE DESIGN STANDARDS MANUAL FOR THE DESIGN CRITERIA FOR STREETS WITHIN THE CLIFFWOOD PHASE 3.

STAFF PRESENTERS, MICHELLE MCCULLOUGH, ASSISTANT DIRECTOR OF CITY ENGINEER.

>> GOOD EVENING, MR. CHAIR AND COMMISSIONERS.

TONIGHT, AS YOU JUST STATED, I'M GOING TO PRESENT A WAIVER REQUEST FOR A STREET SECTION AND THERE IS SOME OPPOSITION AND I DID PROVIDE THE INFORMATION TO YOU, MR. CHAIR, BEFORE THE MEETING STARTED.

THE LOCATION, IT'S APPROXIMATELY 80.97 ACRES.

IT'S LOCATED ALONG NORTH CUMMINGS DRIVE AND COUNTY ROAD 517.

THE APPLICANT AND THE PROPERTY OWNER, DARRELL HOWARD AND CLIFFORD DEAL, AND THE ITEM FOR APPROVAL IS A RESOLUTION FOR A WAIVER TO SECTION 5.1, STREET AND RIGHT-OF-WAY BASIC POLICIES OF THE SUBDIVISION AND DEVELOPMENT ORDINANCE.

BEFORE YOU IS THE PRELIMINARY PLAT FOR A PROPOSED RESIDENTIAL SUBDIVISION.

THE PROPERTY IS LOCATED IN THE ETJ.

THE PRELIMINARY PLAT WAS APPROVED ON AUGUST 9, 2022, AND IT PROPOSES 50 SINGLE FAMILY RESIDENTIAL LOTS, MINIMUM ONE ACRE, AND THEY WILL BE SERVED BY ON-SITE SEWAGE FACILITIES.

FOR THE CITY OF BURLESON, PER THE INTERLOCAL AGREEMENT WITH JOHNSON COUNTY, BURLESON DOES HAVE THE PLATTING AUTHORITY WITHIN THE ETJ.

THE CITY CAN EXTEND OUR DEVELOPMENT DESIGN STANDARDS TO ANY DEVELOPMENT WITHIN THE ETJ, INCLUDING THE PAVING STANDARDS.

FOR THE BURLESON SUBDIVISION ORDINANCE, PUBLIC STREETS SHALL BE DESIGNED AND CONSTRUCTED PER PUBLIC STREET STANDARDS AND CITY INSPECTORS DO INSPECT STREET PAVING AND ASSOCIATED DRAINAGE.

WE DO NOT MAINTAIN ROADWAYS WITHIN THE ETJ.

FOR JOHNSON COUNTY, THEY DO HAVE LIMITED FUNDING AVAILABLE FOR MAINTENANCE OF STREETS.

THE STREETS ARE CONSTRUCTED TO CITY STANDARDS OR STREETS CONSTRUCTED TO CITY STANDARDS.

THEY CAN BE MORE EXPENSIVE TO MAINTAIN AND THE COUNTY MAY PRIORITIZE THEM LOWER FOR MAINTENANCE.

THE COUNTY MAY NOT ADDRESS FAILURES IN A TIMELY MANNER.

THIS IS THE PROPOSED SECTION BY THE APPLICANT.

IT'S A THREE-COURSE CHIP SEAL, OR TWO INCHES OF ASPHALT, EIGHT INCHES OF FLEX BASE, AND THEN EIGHT INCHES OF RECOMPACTED SUBGRADE.

I'LL GIVE YOU A MINUTE JUST TO TAKE A LOOK AT THAT.

WHAT I'VE INCLUDED IN HERE IS A TABLE, AND I'VE ADDED AN EXTRA COLUMN BECAUSE THE SECTION THAT THE APPLICANT IS REQUESTING IS NOT CONSISTENT WITH THE CITY STANDARD, COUNTY STANDARD, OR A MODIFIED SECTION THAT HAS BEEN APPROVED IN THE PAST.

I'VE HIGHLIGHTED THE TWO AREAS WHERE IT IS NOT CONSISTENT.

THEY ARE PROPOSING, LIKE I SAID,

[00:05:01]

ASPHALT 28 FEET WIDE WITH A ONE FOOT FLEX BASE SHOULDER THAT IS WIDER THAN A COUNTY STANDARD.

IT IS AS WIDE AS THE CITY STANDARD AND WIDER THAN THE MODIFIED SECTION.

THEN THE OTHER AREA THAT IT DEVIATES FROM IS FOR THE SUBGRADE.

THEY'RE PROPOSING EIGHT INCHES OF RE-COMPACTED SUBGRADE, WHERE THE CITY REQUIRES EIGHT INCHES OF LIME OR CEMENT STABILIZATION.

THE COUNTY DOES ALSO REQUIRE LIME OR CEMENT STABILIZATION, AND THEN THE MODIFIED SECTION WAS THE SAME.

WE DID SEND OUT PUBLIC NOTICES MAILED TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY, AND IT WAS PUBLISHED IN THE NEWSPAPER.

THE P&Z ACTION REQUESTED IS THAT STAFF DOES RECOMMEND FOR P&Z TO CONSIDER THE APPLICANT'S REQUEST AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL.

>> THANK YOU, MICHELLE. YES, SIR.

>> MR. CHAIR, IF I MAY.

TONY MCILWAIN, DEVELOPMENT SERVICES DIRECTOR.

WITH REGARD TO THIS PARTICULAR CASE, IT'S A VERY NARROW FOCUS ON THE REQUEST WHICH IS THE WAIVER TO THE CITY'S DESIGN STANDARDS FOR THE ROADWAY.

WE KNOW THAT YOU'VE RECEIVED SOME OPPOSITION AND THOSE INDIVIDUALS WILL HAVE AN OPPORTUNITY TO SPEAK, BUT I JUST WANT TO DRAW YOUR ATTENTION TOO THAT THERE ARE CERTAIN CIRCUMSTANCES THAT HAVE OCCURRED SINCE THE PRELIMINARY FLAT WAS APPROVED.

THAT BEING LAND HAS BEEN CONVEYED FROM ONE OWNER TO ANOTHER AND IT DOES ENCOMPASS A PORTION OF THIS PROPERTY THAT WAS A PRELIMINARY PLATTED.

WHILE THAT'S NOT ON YOUR AGENDA FOR TONIGHT, WE JUST WANT TO LET YOU KNOW THAT THERE MIGHT BE DISCUSSIONS RELATED TO THAT.

BUT UNFORTUNATELY, DEPENDING ON YOUR POINT OF VIEW, WE'RE BRINGING TO YOU JUST A STREET WAIVER BECAUSE THAT'S THE ONLY THING BEING REQUESTED BY THE APPLICANT.

IF YOU HAVE ANY QUESTIONS OF US, I'LL ANSWER THOSE EITHER BEFORE OR AFTER YOU RECEIVE PUBLIC COMMENT.

>> THANK YOU, TONY. I WILL OPEN THE PUBLIC HEARING AT 6:08 PM.

I DO HAVE A COUPLE SPEAKER CARDS HERE.

VICTORIA MARTIN FROM ALVARADO.

YOU'RE WELCOME TO COME SPEAK.

>> SORRY. NEVER ACTUALLY SHOWED UP TO THESE.

MY NAME IS VICTORIA MARTIN.

I LIVE RIGHT NEXT TO HAPPY TRAILS.

I CIRCLED WHERE I WOULD BE, WHERE THIS PROPERTY IS GOING TO BE.

MY MAIN CONCERN IS TRAFFIC.

I DON'T KNOW IF YOU'LL DRIVE CUMMINGS, BUT THE EXIT TO CUMMINGS TO GET ON TO 917 AT 7:00 AND AROUND 5:00 IS WITH THE NEW MODELS BEING BUILT.

IT'S A 30-MINUTE WAIT.

I JUST DIDN'T WANT TO BRING IT UP.

IT WOULD BE NICE TO HAVE A LIGHT THERE IF THAT'S SOMETHING OR IT EXITS THROUGH THIS PROPERTY, 2917.

THAT'S ALL I GOT. THANK YOU.

>> THANK YOU, MISS MARTIN. NEXT UP WE HAVE MR. RICK HICKMAN FROM ALVARADO AS WELL.

7868 CR 517.

>> YES.

I APPRECIATE YOU GIVING ME A CHANCE TO VOICE FOR THE NEIGHBORHOOD.

THERE WERE ALL THE NEIGHBORS A COUPLE OF WEEKS AGO THAT LIVE ON A DEAD END COUNTY ROAD.

COUNTY ROAD 517 IS APPROXIMATELY A MILE LONG.

IT HAS APPROXIMATELY 20 HOMES THAT FAMILIES THAT LIVE ON THE ROAD.

WHEN WE GOT THE LETTER A COUPLE OF WEEKS AGO, IT KIND OF OPENED EVERYONE'S EYES UP TO KIND OF WHAT WAS GOING ON BECAUSE NO ONE HAD EVER SEEN THE PLAT BEFORE OR THE PRELIMINARY PLAT.

BASICALLY, THE NEIGHBORHOOD WE ALL GOT TOGETHER, THERE'S NO ONE ON THE ROAD THAT WANTS TO SEE ANOTHER ROAD IMPACT WITH MORE TRAFFIC.

IT IS A DEAD END TO THE RIGHT AND GOING BACK TO CUMMINGS, IT'S JUST CHILDREN DOWN THE ROAD AND EVERYBODY'S AGAINST IT, I LIVE ABOUT 100 FEET WHERE THE NEW PROPOSED ROAD WOULD COME THROUGH.

MR. ADAM SALAZAR IS THE GENTLEMAN THAT BOUGHT A PIECE OF PROPERTY WITHIN THE LAST YEAR.

[00:10:05]

THAT HIS DRIVEWAY TO HIS NEW HOUSE WILL BE APPROXIMATELY ABOUT 55 FEET FROM HIS DRIVEWAY TO THE EAST, RIGHT AWAY OF THE PROPOSED ROAD THAT'S COMING THROUGH.

IF YOU TAKE THE CRITERIA WE GOT FROM YOUR WEBSITE FROM A COUNTY ROAD 517 TO GO BACK 150 FOOT AT A 60 FOOT RIGHT AWAY.

IT ALSO HAS VISIBILITY CLIPS THAT ARE 15 FEET ON EACH SIDE, WHICH WOULD CREATE WHERE IT TOUCHES COUNTY ROAD 517 WOULD BE A 90 FOOT RIGHT AWAY.

FIFTEEN FEET OF THAT, WHERE IT PRESENTLY LOOKS LIKE IT'S COMING THROUGH WOULD BE ENCROACHING ON MR. ADAMS SALAZAR.

HE AND HIS WIFE ARE HERE TONIGHT.

HIS HOUSE IS BUILT, IT'S ALMOST READY TO MOVE IN.

THIS NEW PROPOSED ROAD, THE EAST, RIGHT AWAY OF THE NEW ROAD, WHERE IT LOOKS LIKE IT IS NOW, WOULD BE WITHIN 15 FEET OF HIS NEW HOME.

THAT PIECE OF PROPERTY, LIKE THIS GENTLEMAN OVER HERE JUST EXPLAINED, WAS NOT A PART OF THE PRELIM PLATE.

WE JUST REQUEST TO REDESIGN.

WE HOPE THAT IT DOESN'T HAPPEN, BUT WE'RE JUST HERE AT THE NEIGHBORHOOD WITH THE PETITION I TURNED IN YESTERDAY WITH ALL THE SIGNATURES TO SEE IF THERE'S ANOTHER RESOLUTION.

APPRECIATE IT. THANK YOU.

>> CAN I ASK YOU A QUESTION?

>> YES, SIR.

>> THOUGH I DID. BEFORE, YOU JUST MENTIONED THE POSSIBILITY OF SHOTS, RED LIGHT, HOW CLOSE WOULD THAT BE TO THE PROPERTY YOU'RE JUST TALKING ABOUT?

>> TO MY PROPERTY? I'M ACROSS THE STREET, THAT ROAD WILL BE 90-100 FEET FROM THE DRIVEWAY TO MY HOUSE.

I'M WITHIN THAT 200 FEET.

ADAM SALAZAR IS WITHIN 15 FEET AND WE HAVE ONE MORE REPRESENTATIVE, MARCUS DEAL.

HE'S WITHIN THE 200 FEET TO HE'S THE NEXT HOUSE BACK TO THE EAST.

>> DO YOU KNOW WHAT THE SPEED LIMITS ARE ON THAT ROAD?

>> THE SPEED LIMITS ARE 30.

>> ON BOTH ROADS? [OVERLAPPING]

>> JUST ON OUR ROAD JUST 30 MILES.

WE DON'T HAVE A SPEED LIMIT SIGN.

WHEN YOU ENTER FROM CUMMINGS UP THE ROAD IT JUST SAYS DEAD END ROAD.

I'VE BEEN THERE SINCE 1977 AND MARCUS HAS BEEN THERE BEFORE I WAS.

>> YEAH, I'M PRETTY FAMILIAR WITH THAT AREA.

I DON'T KNOW THAT I'VE EVER BEEN ACTUALLY BEEN ON THAT ROAD.

BUT YEAH, I'M FAMILIAR WITH THE AREA. ALL RIGHT. THANK YOU.

>> ANYONE ELSE HAVE ANY QUESTIONS?

>> THANK YOU, MR. GERMAN. I APPRECIATE IT.

>> ALL RIGHT. WE HAVE MR. JEFF TAYLOR.

>> HELL, EVERYONE. JEFF TAYLOR WITH DUNAWAY ASSOCIATES LIVE AT 7616 WOODWIND DRIVE IN ALVARADO.

PRETTY CLOSE TO THIS SPOT AS WELL HERE TO ANSWER ANY QUESTIONS YOU HAVE, OUR REAL INTENT ON THE REQUEST FOR THE WAIVER WAS A 60 FOOT RIGHT AWAY THAT MET THE COUNTY STANDARD.

SINCE WE ARE IN THE ETJ AND KNOWING THAT THE CITY LIMITS IS A GOOD WAYS AWAY FROM THIS PROPERTY, IN ORDER TO SELL SINGLE FAMILY LOTS, WE FELT THAT ONCE THOSE HOMEOWNERS WERE IN AND IN THEIR HOMES, THAT WE WOULD HAVE TO EITHER DEVELOP A HOMEOWNERS ASSOCIATION SOME KIND IN ORDER TO MAINTAIN A CITY SECTION.

AS MICHELLE MCCULLOUGH DID POINT OUT TO US THAT THE CITY WOULD NOT MAINTAIN THOSE ROADS, AND IT COULD BE A GOOD CASE THE COUNTY WOULD NOT MAINTAIN THEM AS WELL.

OUR UNDERSTANDING AND TALKING TO A COMMISSIONER 3, IS TO TALK ABOUT DOING A ROADWAY SECTION THAT WOULD BETTER FIT THEIR ROADWAY STANDARDS AND SOMETHING THAT THEY COULD ACTUALLY MAINTAIN WAS OUR INTENT.

IF THE WAIVER IS DENIED AND WE CAN'T PROCEED WITH SOMETHING THAT THE COUNTY WOULD MAINTAIN, THEN THAT'S WHAT WE MIGHT HAVE TO DO.

THEN ALSO ON THE PRELIMINARY PLAT, IT SOUNDS LIKE WHAT WE WOULD NEED TO DO TO INCORPORATE THE NEW LOT THAT'S OFF 517 IS TO REWORK THE PRELIMINARY PLAT, GET THE BOUNDARY INFORMATION FOR THE NEW LOT, AND SHOW HOW THE RIGHT AWAY WOULD WORK WITH THAT HOUSE.

I BELIEVE IT'D BE A FRONT YARD SETBACK FROM MR. SALAZAR'S PROPERTY SINCE HIS HOUSE FACES TO THE WEST, HIS FRONT DOORS TO THE WEST.

JUST TO ACCOMMODATE AND INCORPORATE THAT INTO THE PLATE, WOULD BE OUR PLAN.

HERE TO ANSWER ANY QUESTIONS YOU HAVE.

>> ONE THING THAT USUALLY POPS UP THE MIND AS I TRY AND LISTEN TO BOTH SIDES AND KEEP AN OPEN PERSPECTIVE ON IT.

WHEN I HEAR A COUPLE OF TIMES NOW, THE COUNTY MAY NOT MAINTAIN IT.

FIRST THING I THINK ABOUT WHAT'S IT GOING TO DO TO

[00:15:02]

THE HOMEOWNERS SO THEY END UP WITH THE ROAD THAT'S FAULTY.

I GOT TO PROTECT THESE HOMEOWNERS, I UNDERSTAND THE WAY THIS WORKS, BUT I GOT TO THINK ABOUT THE HOMEOWNERSHIP.

THE COUNTY WON'T MAINTAIN IT.

I DON'T WANT TO SEE IT AFFECT THE HOMEOWNERS.

>> BUT MY UNDERSTANDING IS THE COUNTY MAY NOT MAINTAIN ANY SECTION.

>> RIGHT. THAT'S THE POSSIBILITY.

BUT THAT'S WHY I'M SAYING I WANT TO START OFF WITH SOMETHING LESS THAN WHAT THE COUNTY WOULD TYPICALLY DO.

>> RIGHT. THAT WASN'T OUR INTENTION, I DON'T KNOW IF THEIR SECTION HAS BEEN UPGRADED.

WE'VE HAD THE PLANS IN FOR A WHILE, SO MAYBE THAT'S SOMETHING THAT WE NEED TO UPDATE IN OUR ENGINEERING DRAWINGS.

>> NOW, THE COUNTY DOES ALLOW A THREE CHIP SILL.

THEY DO HAVE THAT AS ONE OF THEIR SECT.

THEY HAVE THREE DIFFERENT SECTIONS THAT YOU CAN WORK WITH THE COMMISSIONERS, AND ONE OF THOSE IS THE THREE COURSE CHIP SILL.

THAT'S WHY IF YOU GO BACK TO THIS RIGHT HERE THAT IS THE CHOICES OF THE COUNTY STANDARD.

THE PAVEMENT THICKNESS IS THE THREE COURSE CHIP SILL, OR YOU CAN USE 2 " OF ASPHALT OR YOU CAN USE 5 " OF CONCRETE ON TOP OF 8 " OF FLEX SPACE ON TOP OF 8 " OF LIME OR CEMENT.

THAT IS THE COUNTY SECTION.

BUT THE TOP, THE THREE CHOICES THERE IS WHAT THE DEVELOPERS CAN CHOOSE FROM.

>> OKAY. WHAT WERE SOME OF THE CONCERNS OF STAFF WITH THIS?

>> IT'S NOT NECESSARILY A CONCERN OF STAFF.

IT DOES NOT CONFORM OR DOES NOT ALIGN WITH WHAT WAS APPROVED IN THE PAST OR RECOMMENDED BY PNC IN THE PAST AND APPROVED BY COUNSEL.

THE SECTION, IF THEY CAN SHOW THAT IT HAS THE SAME STRUCTURAL NUMBER, IT SHOULD WORK BUT IT'S THE COMMISSIONERS.

WHAT DOES THE COMMISSIONERS WANT TO RECOMMEND?

>> HAVE YOU SEEN SIMILAR TOP COAT TYPES THAT YOU'VE WORKED WITH FAIL?

>> ANY ROADWAY DEPENDING ON THE ELEMENTS, THE TRUCK TRAFFIC HAS THE POTENTIAL TO BREAK DOWN OVER TIME.

IF CONSTRUCTED CORRECTLY, IF IT HAS A GOOD BASE, IT GIVES THAT BETTER FOUNDATION.

>> IF THE ROAD WAS TO FAIL OR SOMETHING LIKE THAT, THESE HOMEOWNERS HAVE DIFFICULTY, THEN IT HAD TO BE REWORKED GETTING IN OR OUT ACCESS?

>> IT DEPENDS ON WHAT THE FAILURE IS.

AGAIN, WITH YOUR WINNERS, WE HAVE ICE FOR A WEEK, IT STARTS TO BREAK DOWN ASPHALT NO MATTER WHAT.

YOU CAN HAVE POTHOLES.

>> IF THEY HAD TO COME BACK IN AND REWORK IT, WHAT I'M SAYING IS DO THEY HAVE ANOTHER ACCESS WHERE THEY COULD GO?

>> YES, THERE'S TWO POINTS OF ACCESS.

YOU HAVE ONE ONTO NORTH CUMMINGS AND THEN ONE ONTO 517 AND WE DO REQUIRE TWO POINTS OF INGRESS AND EGRESS FOR 30 LOTS OR MORE.

THE 60 FOOT RIGHT AWAY, I BELIEVE THE PLANS CURRENTLY TODAY SHOW BAR DITCHES, AND THAT 60 FOOT ALLOWS FOR THE BAR DITCHES ON EITHER SIDE.

THE COUNTY WILL NOT MAINTAIN BAR DITCHES UNLESS THEY ARE IN THE RIGHT AWAY.

>> I'M CONFUSED. IS THERE A QUESTION AS TO WHETHER OR NOT THE COUNTY WILL MAINTAIN THE ROADWAYS THROUGH THE NEIGHBORHOOD?

>> I CANNOT SPEAK FOR THE COUNTY, BUT I HAVE HAD COMMENTS FROM THE COMMISSIONERS THAT THEY DO NOT HAVE THE FUNDS TO MAINTAIN CONCRETE ROADWAYS.

[OVERLAPPING]

>> CONCRETE ROADWAYS.

>> CONCRETE ROADWAYS.

THEY HAVE AN OBLIGATION TO MAINTAIN ROADWAYS, BUT THEY CAN PRIORITIZE THEIR ROADWAYS INTO WHAT FITS INTO THE FUNDING.

SIMILAR TO CITIES HAVE A MAINTENANCE BUDGET AND THEY PRIORITIZE THE ROADS.

>> GOING BACK A FEW PAGES TO WHERE WE HAVE THE BREAKDOWN IN THE CIRCLE, THE REQUEST IS IN LINE WITH THE COUNTY STANDARD.

THE COUNTY WOULD THEN THEORETICALLY BE ABLE TO MORE BETTER MAINTAIN THE ROAD THAT THEY'RE ASKING FOR?

>> THEORETICALLY.

>> OKAY. THANK YOU.

>> TO ADDRESS MR. HICKMAN'S I DID REVIEW I DID MEET WITH HIM YESTERDAY AND HE GAVE ME THE INFORMATION.

ONCE I HAD TIME TO SIT DOWN AND SEE THE INFORMATION THAT HE WAS REFERRING TO IN OUR DESIGN MANUAL, THAT IS FOR A CONNECTION TO AN ARTERIAL WHERE IT'S A 50 FOOT RIGHT AWAY THAT FLARES OUT TO A 60 FOOT AND THEN HAS THE 15 FOOT CORNER CLIPS.

IN THIS CASE, THIS IS CONNECTING TO A LESSER, SO THAT WOULD NOT APPLY.

THE 60 FOOT IS THE 60 FOOT.

THE ROADWAY WOULD BE CONSTRUCTED WITHIN THERE AND WE WOULD ALSO MAKE SURE THAT VISIBILITY WAS THERE.

>> ANYONE ELSE ON THE COMMISSION HAVE ANY QUESTIONS OR CONCERNS?

>> I DO HAVE ONE QUESTION.

[00:20:02]

ARE WE VOTING ON JUST WHETHER OR NOT TYPE A THAT WE [INAUDIBLE].

THAT'S OUR ONLY QUESTION.

>> THAT IS YOUR ONLY QUESTION BEFORE YOU TONIGHT.

OUR STANDARDS REQUIRE THAT ROADWAYS WITHIN THE ETJ BE CONSTRUCTED TO CITY STANDARDS.

THEY ARE ASKING FOR A WAIVER TO THAT.

>> OKAY.

>> SO AS FAR AS THE TRAFFIC CONCERNS, THAT'S NOT REALLY WHAT WE'RE.

>> THIS IS NOT WHAT YOU'RE HERE TO DISCUSS.

BUT I CAN I OFFER THAT THE DEVELOPMENT DID PROVIDE A TRAFFIC LETTER AND IT DOES NOT MEET THE REQUIREMENTS FOR A TIA.

THE TRIPS ARE LESS THAN 1,000 A DAY AND LESS THAN 100 IN A PEAK HOUR, THERE'S 50 LOTS, GENERATES ABOUT 460 TRIPS A DAY, ESTIMATED.

AND IT DID NOT MEET ANY SIGNAL WARRANTS.

AND AT THIS POINT, IF THERE IS A CONCERN, THE RESIDENTS CAN REACH OUT TO THE COUNTY AND PUT A REQUEST IN.

>> OKAY. IF THIS WAIVER IS APPROVED, IT'S NOT GOING TO IMPACT TRAFFIC.

>> IT'S NOT GOING TO IMPACT TRAFFIC SIGNIFICANTLY.

>> OKAY.

>> THERE'S AN IMPACT BECAUSE YOU HAVE MORE USERS.

BUT ACCORDING TO THE TRAFFIC LETTER THAT IT DOESN'T MEET THE REQUIREMENTS OF A FULL BLOWN TIA.

>> OKAY. UNDERSTOOD.

>> REPEAT THE [INAUDIBLE] FACTOR, PLEASE.

>> OF THIS?

>> WHICH ONE IS CUMMINGS?

>> CUMMINGS IS HERE AND THIS IS 517.

>> DID YOU SAY HOW LONG THE ROADWAY WAS GOING TO BE? HOW LONG IT'S GOING TO BE OR DID I HEAR THAT? HOW LONG THE ROADWAY WILL BE?

>> I MEAN, I'D HAVE TO ZOOM IN.

I DON'T KNOW EXACTLY AND JEFF MAY BE ABLE TO GIVE.

>> CAN YOU JUST POINT FROM ARROW TO ARROW THERE.

>> SO THIS IS YOUR MAIN ENTRANCE OFF OF 517 AND THE ROAD COMES AROUND AND THIS IS CUMMINGS.

IT CONNECTS CUMMINGS TO 517.

>> I'D LIKE TO CLARIFY TOO.

WE ARE JUST LOOKING AT PHASE 3A WOULD BE THE FIRST PHASE THAT WE WOULD FINAL PLAT.

YOU CAN SEE THE BOLD LINE CUTTING ACROSS THE PAGE THERE WOULD BE LESS THAN 30 LOTS THAT WE WOULD, EXCUSE ME, DOING THAT WOULD TIE INTO 600.

IN DOING SO, WE WOULD NEED A CONNECTION BACK OUT TO 517 AT THIS TIME IN THE FIRST PHASE.

BUT IF EVERYTHING WAS DEVELOPED THEN, YES, I DON'T WANT TO MISLEAD YOU.

IF EVERYTHING WAS DEVELOPED THEN, YES, WE WOULD HAVE A NEW DRIVE OR A NEW ROAD, I SHOULD SAY, OUT TO 517.

>> WHAT'S THE PURPOSE OF THE WAIVER? I MEAN, TO SAVE MONEY OR?

>> I'LL LET JEFF ANSWER THAT.

>> I'D SAY THE PURPOSE OF THE WAIVER IS HONESTLY, I DON'T KNOW IF THESE PROPERTIES WILL EVER BE MOVED INTO THE CITY LIMITS AND I DON'T KNOW THAT THE COUNTY OR THE CITY WILL EVER MAINTAIN THESE ROADWAYS.

AND TO BUILD SOMETHING TO A CITY STANDARD THAT THE CITY WILL NEVER MAINTAIN IS A QUESTION I HAVE.

AND IF WE GO ABOVE AND BEYOND AND DO SOMETHING THAT THE CITY WOULD MAINTAIN IN THEIR SECTION BUT THE COUNTY WOULD NOT MAINTAIN IT, THEN ARE WE DOING A HOMEOWNERS ASSOCIATION? I KNOW YOU MENTIONED SOMETHING EARLIER THAT YOU DON'T WANT TO PUT THIS IN THE HOMEOWNERS RESPONSIBILITY.

YOU DON'T WANT TO PUT IT IN THEIR COURT.

WELL, NOW YOU'RE STUCK IN MY OPINION.

SO I WOULD RATHER MOVE FORWARD, YOU SUGGESTED THAT THE DEVELOPER MOVE FORWARD WITH A SECTION THAT WE KNOW THE COUNTY CAN MAINTAIN AND HOPEFULLY WILL ACCEPT AND INSPECT, AND TAKE OVER THE MAINTENANCE OF IT FROM HERE TO ETERNITY.

>> WE HOPE. IF SOMETHING HAPPENS AND NOBODY DECIDES TO MAINTAIN THE ROAD, THEN.

>> THEN WE'RE BACK INTO A HOMEOWNERS ASSOCIATION.

AND THE HOMEOWNERS THAT BUY THOSE LOTS WILL HAVE TO MAINTAIN IT THEMSELVES.

BUT IT'S MY UNDERSTANDING THE ONLY WAY THAT THE CITY WOULD MAINTAIN IT IS ALL THOSE HOMEOWNERS, ONCE THE CITY CANNOT TAKE IT IN UNTIL CONTIGUOUS PROPERTY IS BROUGHT UP TO THESE PROPERTIES, AND AT THAT TIME, THEN THEY CAN VOLUNTARILY ANNEX INTO THE CITY IS MY UNDERSTANDING.

I DON'T KNOW WHEN THAT WILL TAKE PLACE.

HOW FAR OUT THAT IS.

>> JUST IN MY OPINION, I THINK A ROADWAY SHOULD BE BUILT TO THE BEST STANDARDS POSSIBLE WHATEVER WE SAY THAT

[00:25:05]

A ROAD WOULD BE BUILT IS WHAT I WOULD APPROVE. JUST ME.

>> WELL, I MEAN, YOU CAN DO A FULL CONCRETE SECTION AND THEN IT COULD BUST UP AND CRACK AS WELL.

I MEAN, FOLKS ARE HAVING TO MAINTAIN THAT.

I DON'T KNOW WHAT WOULD BE THE BEST ACTION.

THAT'S SOMETHING THAT'S NEVER GOING TO FAIL AND NEVER NEED ANY MAINTENANCE.

I MEAN, EVEN IF WE DO FLEX BASE SECTION, WE'RE STILL GOING TO HAVE TO GET OUT THERE WITH TOPPING AND GO BACK OVER THE CRACKS AND SEAL THOSE IN OR WE'RE GOING TO HAVE OTHER ISSUES WITH WATER PENETRATING AND GETTING DOWN TO THE SUB BASE AND START EVAPORATING AND FREEZING AND ALL THAT FUN STUFF.

>> MY UNDERSTANDING IS THAT THE COUNTY HAS THE POTENTIAL OF TAKING CARE OF YOUR REQUESTED ROAD.

THERE'S POTENTIAL OF THE TYPE OF ROAD THAT THE COUNTY SEES AND DEALS WITH VERSUS THE ONE'S THE CITY HAS ARE MORE CONCRETE THE COUNTY IS NOT PREPARED THE BUDGET TO DEAL WITH CONCRETE REPAIRS.

>> THE COMMISSIONER HAS TOLD US THEY WILL NOT MAINTAIN, THEY WILL NOT ACCEPT IT, THEY WILL NOT INSPECT IT.

WE'RE BASICALLY ON OUR OWN.

>> THAT'S THE BURLESON IN KENTUCKY?

>> THAT'S WHAT THE BURLESON STANDARD WITH THE REQUEST TO CHANGE THAT IS SOMETHING THAT'S IN THEIR WHEELHOUSE THOUGH.

>> YES, SIR. THAT'S MY UNDERSTANDING.

>> OKAY. AND JUST TO ASK ANOTHER QUESTION, THAT MAY BE A TOUCH OFF POINT.

YOU'VE GOT ONE ACRE LOTS HERE.

YOU'RE NOT ACTUALLY REQUIRED BY THE COUNTY TO DO ONE ACRE LOTS.

I MEAN, WOULD IT BE PERMISSIBLE FOR YOU TO DO A HALF ACRE OR QUARTER ACRE LOTS?

>> NO, THE MINIMUM FOR THE COUNTY IS AN ACRE AND ALSO FOR THE CITY, IF SERVED BY SEPTIC.

>> OKAY.

>> AND IT'S AN ACRE NET, SO ANY EASEMENTS.

>> I THOUGHT IT WAS SERVED BY SEWER.

>> NO, SIR.

>> IT'S SERVED BY ON SITE FACILITY, SO A SEPTIC SYSTEM.

>> SEPTIC, OKAY. I GOT IT.

>> YEAH, WE'D HAVE BETHESDA WATER AND THEN UNITED COOPERATIVE SERVICES FOR POWER.

>> OKAY.

>> AND INTERNET NOW,.

>> I KNOW IT WAS MENTIONED THAT IF ALL ELSE FAILS, IT WOULD BE UP TO THE RESIDENTS TO COME UP WITH AN HOA.

IS THERE CURRENTLY AN HOA OR IS THAT NOT?

>> NO, MA'AM.

>> NO HOA?

>> THAT WOULDN'T BE OUR INTENTION.

>> I HAVE FAMILY MEMBERS WHO MOVED OUT INTO A COUNTY AREA, AND ONE OF THE MAIN REASONS WHY IS BECAUSE THERE'S NO HOA.

AND I KNOW WHEN YOU BROUGHT UP AN HOA, I LOOKED AT OUR AUDIENCE AND SOME OF THEM KIND OF WAS LIKE NO HOA.

AND THERE IS THAT FEAR, AT LEAST FOR ME I KNOW THAT WE HAVE ALL DRIVEN ON SOME COUNTY ROADS THAT ARE NOT MAINTAINED AT ALL, AND I DON'T WANT THAT FOR THESE RESIDENTS, NOR DO I WANT THEM TO HAVE TO COME UP WITH AN HOA ON THEIR OWN AND ALONG WITH OTHER THINGS.

THAT'S JUST MY OPINION.

I WOULD RATHER NOT.

>> ALL RIGHT.

ANYONE ELSE HAVE ANY QUESTIONS? CONCERNS? ALL RIGHT.

I'LL CLOSE THE PUBLIC HEARING AT 6:29 P.M AND I'LL ENTERTAIN A MOTION FROM THE COMMISSION, PLEASE.

>> I'D LIKE TO MAKE A MOTION TO DENY THIS REQUEST.

>> I WILL SECOND.

>> I HAVE A MOTION BY BILL AND A SECOND BY ASHLEY.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

THAT PASSES UNANIMOUSLY, SO THE WAIVER REQUEST IS DENIED.

ALL RIGHT. MOVE ON TO REPORTS AND PRESENTATIONS.

THERE ARE NONE, NO COMMUNITY INTEREST ITEMS, NO EXECUTIVE SESSION THIS EVENING.

SO I WILL ADJOURN THE MEETING AT 6:30 P.M.

* This transcript was compiled from uncorrected Closed Captioning.