[CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT]
[00:00:08]
ALL RIGHT. GOOD EVENING. IT IS 6:39 P.M. FOR THE PLANNING AND ZONING COMMISSION. REGULAR SESSION APRIL 9TH, 2025. CALL TO ORDER AND ANNOUNCED THAT WE DO HAVE A QUORUM PRESENT. ALL RIGHT, LET'S SEE. ALL RIGHT. PUBLIC COMMENTS. NON AGENDA ITEM. PUBLIC COMMENTS. WHITE CARD. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON A NON AGENDA RELATED TOPICS FOR A LENGTH OF TIME NOT TO EXCEED THREE MINUTES PER PERSON. YELLOW CARD AGENDA ITEM. PUBLIC COMMENTS. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON AGENDA AND AGENDA ITEMS COMBINED FOR A LENGTH OF TIME NOT TO EXCEED FIVE MINUTES TOTAL PER PERSON ON ALL ITEMS. PUBLIC HEARINGS.
COMMENTS ON PUBLIC HEARING ITEMS MUST BE MADE WHEN THE ITEM COMES BEFORE THE COMMISSION, AND NOT TO EXCEED TWO MINUTES PER PERSON. NO ACTION OR DISCUSSIONS MAY BE TAKEN DURING PUBLIC COMMENTS ON NON AGENDA ITEMS, AND WE DO HAVE YELLOW CARDS. WANT TO ANNOUNCE ALSO THAT WE WILL BE PULLING UP AGENDA ITEMS THREE AND EIGHT. WE WILL START WITH THE PUBLIC HEARING ITEM NUMBER ONE. THEN WE WILL GO TO REGULAR AGENDA ITEM NUMBER SIX AND THEN OPEN THE PUBLIC HEARING BACK UP FOR THREE AND TWO AND FOUR AND CONTINUE AS FOLLOWS. PUBLIC HEARING AGENDA. ITEM
[PUBLIC HEARING (Part 1 of 2)]
NUMBER ONE. CONDUCT A PUBLIC HEARING ON THE REZONING APPLICATION FOR TWO LOTS ON 23.809 ACRES, MORE OR LESS AND BEING T PARCEL 236885, ALSO KNOWN AS 12522 AND 125420 KIMBRO ROAD, MAYNARD, TEXAS FROM EIGHT AGRICULTURE TO IN TWO HEAVY INDUSTRIAL. PLANNING AND ZONING COMMISSION. THIS ITEM WAS PRESENTED AT THE LAST MONTH'S MEETING AND WAS POSTPONED UNTIL THIS MEETING, SO THAT ADDITIONAL CONTEXT AND INFORMATION COULD BE PROVIDED BASED ON SAFETY PLANS, FIRE CODES AND REGULATIONS, AS WELL AS OTHER INQUIRIES AT THE PLANNING AND ZONING COMMISSION, MAY HAVE HAD COMMISSIONER CHAVIS AND COMMISSIONER PAEZ WERE ABLE TO MEET WITH THE APPLICANT, AS WELL AS BILL CARLSON, TO DISCUSS CONCERNS THAT WERE HELD BY THE COMMISSION. AND WE'VE ALSO HAD THE CONSULTANTS, THE APPLICANT, AS WELL AS THE FIRE MARSHAL, BILL CARLSON, COME TO THIS MEETING TO ANSWER ANY ADDITIONAL INQUIRIES OR PROVIDE FURTHER CONTEXT FOR THE ITEM. ALL RIGHT.THANK YOU. WE HAVE A YELLOW CARD FOR ANTHONY CALLOWAY. THANK YOU. IS IT SCREEN NOW? CAN Y'ALL HEAR ME NOW? IS THAT BETTER? SORRY ABOUT THAT. TONY CALLOWAY WITH THE ACES GROUP.
WE'RE THE AUTHORS OF THE CHEMICAL HAZARD ANALYSIS REPORT THAT HOPEFULLY YOU ALL RECEIVED A COPY OF THIS LAST WEEK. I'M GOING TO SET THIS RIGHT HERE FOR A SECOND. IT SOUNDS LIKE Y'ALL HAD SOME LEGITIMATE CONCERNS THAT WERE BROUGHT UP. RIGHTLY SO. I'M RETIRED. FIRE MARSHAL HERE IN TRAVIS COUNTY WAS IN THE FIRE SERVICE FOR OVER 28 YEARS. WORKED WITH LIEUTENANT CARLSON FOR MANY YEARS. SO I KNOW HE'S DOING HIS DUE DILIGENCE AT LOOKING AT THIS AS WELL. I'M HERE TO ANSWER ANY QUESTIONS AS BEST I CAN AS IT RELATES TO THE PROJECT, AND HOPEFULLY BE ABLE TO PROVIDE YOU ALL WITH THE ADEQUATE INFORMATION SO Y'ALL CAN MAKE A DECISION. ALL RIGHT.
THANK YOU. ARE THERE ANY SPECIFIC QUESTIONS? WE WILL HAVE THE QUESTIONS FOR THE REGULAR AGENDA ITEM FOR THE PUBLIC HEARING. SURE. NO ACTION OR DISCUSSION MAY BE HAD ON IT.
THANK YOU. THANK YOU. OKAY. WE ALSO HAVE EXCUSE ME. I'M NOT GOING TO TRY TO MESS UP THE NAME, BUT WE DO HAVE TWO INDIVIDUALS THAT ARE HERE. IN WHICH DO NOT THEY DO NOT WISH TO
[00:05:02]
SPEAK ON THE ITEM, BUT THEY ARE AVAILABLE FOR QUESTIONS. WE CAN PICK THAT UP ON THE REGULAR AGENDA ITEM. I MOVE, WE CLOSE THE PUBLIC HEARING ON ITEM ONE. IF THERE'S NO OTHER SPEAKERS.VICE CHAIR SECOND. ALL RIGHT. IT HAS BEEN MOVED BY COMMISSIONER STENSLAND AND SECOND BY COMMISSIONER TERRY. ALL IN FAVOR, RAISE YOUR HAND. ALL OPPOSED? ALL RIGHT. PUBLIC
[REGULAR AGENDA (Part 1 of 2)]
HEARING. ITEM NUMBER ONE IS CLOSED. WE'LL MOVE TO AGENDA ITEM. NUMBER SIX. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REZONING APPLICATION FOR TWO LOTS ON 23.809 ACRES. MORE OR LESS BEING TCAD PARCEL 238236885, ALSO KNOWN AS ONE TWO, 522 AND 125420 KIMBRELL ROAD, MAYNARD, TEXAS FROM EIGHT AGRICULTURE TO TWO HEAVY INDUSTRIAL. PLANNING AND ZONING COMMISSION THIS IS THE REGULAR AGENDA ITEM FOR THE PUBLIC HEARING THAT WAS JUST CLOSED.ANY QUESTIONS AND INQUIRIES FOR THE APPLICANT OR CONSULTANTS? THE BEST TIME TO ASK WOULD BE NOW. SO BEFORE WE GET TO ANY QUESTIONS OR ANY DISCUSSION BY THE COMMISSION, I DO WANT TO LET IT BE KNOWN THAT CHAIRMAN PIUS AND MYSELF DID ATTEND A MEETING WITH THE APPLICANT THERE IN SOME OF THEIR ENGINEER TEAMS, ALONG WITH OUR FIRE MARSHAL AND SOME OF THE CITY STAFF. WE DISCUSSED SPECIFIC CONCERNS THAT WE HAD AS A COMMISSION WHEN WE ORIGINALLY MET ON THIS ITEM, NOT HAVING ADEQUATE INFORMATION ON THE SPECIFIC NUMBER OF AND TYPES OF ALL THE GASES THE MDS PROVIDED FOR IT. WE ALSO TALKED ABOUT THE CONCERNS THAT DIFFERENT RESIDENTS MADE DURING OUR MEETING OF POTENTIAL HAZARDS, DANGERS ASSOCIATED WITH THE STORAGE OR TRANSPORTATION, OR EVEN TESTING OF THE CHEMICALS. TALKED ABOUT DIFFERENT HEALTH EFFECTS, PLUME STUDIES THAT NEEDED TO BE PERFORMED AND CONDUCTED TO UNDERSTAND WHAT THAT DECONTAMINATION AREA AND ZONE WAS NEEDED, BEING THAT IT WAS GOING TO BE WITHIN A MILE FROM A RESIDENTIAL AREA. WE ALSO TALKED ABOUT SAFE STORAGE FACILITIES, RISK ASSESSMENTS, EMERGENCY PLANS, DIFFERENT ENVIRONMENTAL PROTECTION MEASURES AND REGULATORY COMPLIANCE, AND HOW OUR EMERGENCY RESPONSE IS WITHIN OUR COUNTY. BEING THAT THE INDIVIDUALS, THE PROFESSIONS THAT ARE ADEQUATELY TRAINED AND PREPARED TO RESPOND TO A EMERGENCY IS FROM THE COUNTY.
AND SO WE TALKED ABOUT THE TIMING OF THAT TRAFFIC. YOU KNOW, DIFFERENT ASPECTS OF HOW THAT WOULD AFFECT THE CONSTRUCTION, THE RESIDENTS AROUND, ETC. FROM THAT MEETING, WE DID REQUIRE FOR THE APPLICANT TO PROVIDE CERTAIN DOCUMENTS, DESIGNS, ANALYSIS IN ORDER FOR IT TO BE REVIEWED. YOU KNOW, BY OUR FIRE MARSHAL AND THIRD PARTY ALSO TO BE PROVIDED TO THE COMMISSION FOR OUR REVIEW. COMING TO THIS PARTICULAR AGENDA ITEM. SO JUST WANTED TO SEND THAT REPORT THAT WE DID REPRESENT THE COMMISSION WELL ON SERVING THE PEOPLE OF MANOR, ASKING THE QUESTIONS THAT THAT WERE HARD AND REQUIRED AND DEMANDED ANSWERS, YOU KNOW, FOR FOLLOW UP OR DOCUMENTATION TO PROVE THUS. SO I JUST LEAVE YOU WITH THAT. THANK YOU. CHAIR CHAVIS, DO YOU MIND IF I ASK? AND I PUT THIS IN. WE INCORPORATED THIS AS AN AMENDMENT TO OUR MOTION LAST MONTH TO HAVE SOME SORT OF REASSURANCE OR SIGN OFF OR KIND OF AN EXPERT PROVIDED BY THE ESD 12 FIRE MARSHAL. ARE THEY ABLE TO PROVIDE THAT FOR US? YOU CAN COME UP NOW. THANK YOU SO MUCH. GOOD EVENING. I'M BILL, I'M THE DEPUTY FIRE MARSHAL FOR ESD 12,
[00:10:07]
AND I'LL SEE IF I CAN ANSWER YOUR QUESTIONS FOR YOU. SO I HEARD PART OF YOUR QUESTION.YOU'LL HAVE TO FORGIVE ME. I'M TOO MANY YEARS ON THE FIRE. YOU ARE FINE. TOO MANY BELLS RINGING IN THOSE EARS. YES, SIR. YOU'VE BEEN ABLE TO TAKE TIME AND REVIEW. REVIEW THE CHEMICAL STORAGE AND ALSO THE PLANS. NOT REALLY WHAT WE'RE WORKING ON. AND I HAD A CHANCE TO TALK TO MR. CALLAWAY, AND I'VE KNOWN HIM FOR SOME YEARS. WE'RE WE'RE TRYING TO DO IS GET CERTAIN INFORMATION PROVIDED TO US BY OTHER EXPERTS. I'M NOT A CHEMICAL ENGINEER. I DON'T WANT TO PRETEND TO BE ONE. A LOT OF THINGS, ONE OF THE THINGS WITH CHEMICALS IS YOU HAVE TWO DIFFERENT CHEMICALS. YOU KNOW WHAT THEIR PROPERTIES ARE. BUT IF YOU MIX THEM TOGETHER IN AN UNKNOWN TYPE OF QUANTITY OR WHATEVER, YOU CREATE BRAND NEW STUFF WHICH MAY HAVE COMPLETELY DIFFERENT QUANTITIES OR PROPERTIES. AND SO I WAS JUST TALKING TO MR. CALLAWAY ABOUT THAT. WE NEED TO LOOK AT THE PRODUCTS THAT ARE GOING TO BE STORED THERE AND DIFFERENT MITIGATION STRATEGIES. AND THERE ARE A LOT OF THERE ARE A LOT OF STRATEGIES, BUT HE'S WORKING ON TRYING TO GET ME SOMETHING. BASICALLY SAY WE HAVE THESE PRODUCTS, THESE PRODUCTS WILL BE INSIDE THE BUILDING AND CAN'T ESCAPE THE BUILDING. THESE PRODUCTS MAY BE OUTSIDE THE BUILDING COULD ESCAPE THE BUILDING. AND FROM THAT POINT, YOU START LOOKING AT WHAT COULD HAPPEN TO THE PRODUCTS BASED ON WEATHER AND WIND AND TOPOGRAPHY. YOU KNOW, IS IT SOMETHING THAT'S VERY MUCH LIGHTER THAN AIR? IF THERE'S A RELEASE, IT'S GOING TO GO STRAIGHT UP. IS IT HARMLESS? IS IT EFFICIENT, OR IS IT SOMETHING THAT CAN MAKE YOU SICK? AND SO THEY'RE WORKING ON I HAD A CHANCE TO TALK TO HIM EARLIER. THEY'RE GOING TO WORK ON GETTING US THE INFORMATION THAT WE NEED. NOW, THE MOST IMPORTANT THING I THINK TO TAKE AWAY FROM THIS IS FIRE IS NOT GOING TO LET THIS PROJECT MOVE FORWARD IF WE THINK THERE'S A RISK TO THE COMMUNITY. SO WE'RE WE WILL NOT APPROVE THE SITE IF WE THINK THE CHEMICALS ARE GOING TO BE A HAZARD TO THE COMMUNITY.
NOW, THIS WILL GO THROUGH THIRD PARTY EXPERTS. IT CAN COME BACK TO PNC, CAN COME BACK TO CITY COUNCIL. AND IF WE IDENTIFY RISK TO THE COMMUNITY, THEN OBVIOUSLY THE BUILDER HAS AN OPPORTUNITY TO PREVENT OR TO PRESENT A MITIGATION STRATEGY TO, TO REDUCE THAT RISK. SO IT'S NOT A PROBLEM FOR THE COMMUNITY RIGHT NOW. I KNOW THERE'S A LOT OF CHEMICALS. I KNOW SOME ARE GOING TO BE INSIDE, SOME ARE OUTSIDE, SOME ARE DANGEROUS, SOME AREN'T. WE'RE STILL WORKING ON THE FINER DETAILS OF THAT. THESE CHEMICALS WON'T JUST APPEAR ON THIS PROPERTY IN A VACUUM. THEY'LL THEY'LL BE TRANSPORTED TO THERE AND THEY'LL ALSO BE TRANSPORTED OFF OF THERE. RIGHT. WELL, 290 AND SH ONE. WELL, THERE'S NOT A WELL, WELL, CAMPO HAS NOT ADOPTED A NON HAZARDOUS RADIOACTIVE, NON-RADIOACTIVE HAZARDOUS MATERIALS ROUTE FOR OUR REGION FM 973, WHICH IS LIKELY GOING TO BE AN INTENDED POSSIBLE ROUTE FOR THESE CHEMICALS TO POSSIBLY GO DOWN, PERHAPS BECAUSE THERE MAY BE A CUSTOMER OF THIS CLIENT OR A FUTURE CLIENT THAT'S THAT IS BY THAT COULD BY DE FACTO BE CREATING A NEW HAZARDOUS, A NEW ROUTE THAT'S NOT ON 290 OR 130 AS PREFERRED BY CAMPO, AT LEAST IN THE 2019 DOCUMENTS. I ABSOLUTELY UNDERSTAND YOUR CONCERN. HOWEVER, THE FIRE DEPARTMENT HAS NO REGULATORY AUTHORITY OVER ANYTHING THAT'S ROLLED IN UNTIL IT ACTUALLY ENTERS THE PROPERTY. AS LONG AS IT'S ON TEX DOT ROADS, IT'S A TEX DOT ISSUE. IF TEX DOT PERMITS IT, JUST LIKE THEY PERMIT THE CONTAINERS OF LIQUID CHLORINE. IF TEX DOT PERMITS IT TO MOVE, THEN THE FIRE DEPARTMENT HAS NO REGULATORY AUTHORITY TO SAY THEY CAN'T BRING IT IN OR TAKE IT OFF SITE. WHO RESPONDS TO INCIDENTS ON THOSE RIGHTS OF WAY? THE CITY OF AUSTIN FIRE DEPARTMENT, THE AUSTIN FIRE DEPARTMENT, IN CONJUNCTION WITH ALL THE OTHER FIRE DEPARTMENTS IN TRAVIS COUNTY, HAVE AN EMERGENCY RESPONSE PLAN. IT'S AN AUTOMATIC AID. WE DON'T HAVE TO ASK FOR HELP. IF SOMETHING HAPPENS, THEY'RE AUTOMATICALLY DISPATCHED ALONG WITH LOCAL RESPONDERS. LOCAL RESPONDERS ARE GOING TO GO AHEAD AND SET UP SECURE ZONES, KEEP PEOPLE OUT OF THE AREA, TRY TO DO EVACUATIONS AS NECESSARY AND AS SAFE, AND THEN THE AND PROVIDE INFORMATION FOR THE INCOMING AUSTIN UNITS THAT CARRY THE SPECIALIZED EQUIPMENT. AND THEN THEY WILL COME IN AND THEY, ALONG WITH THE BUSINESS OWNER WHO'S ALSO AN EXPERT IN THE PRODUCT, WILL COME UP WITH A WAY TO DEAL WITH WHATEVER THE KIND OF RELEASE IS. SOMETIMES IT'S A REALLY SMALL, NOT A BIG PROBLEM. WE JUST PUT A LITTLE WATER ON IT. SOMETIMES WE HAVE TO LET IT DISSIPATE. SOMETIMES WE HAVE TO PUT A NEUTRALIZING AGENT ON IT.
YOU KNOW, IT'S ONE OF THOSE THINGS THAT YOU NEVER KNOW UNTIL YOU TILL YOU DO ALL THE STUDIES, UNTIL YOU GET THERE, WHAT THE ACTUAL RESPONSE IS GOING TO BE. AND THAT'S PART OF THE RESPONSIBILITY OF THE PROPERTY OWNER, IS TO BE PREPARED TO PROVIDE THE MATERIALS. FOR A LOT OF THOSE RESPONSES, WE EXPECT THE PROPERTY OWNER TO BE ABLE TO MANAGE SMALL SPILLS ON THEIR OWN, ESPECIALLY IF THEY'RE INSIDE THE BUILDING. THEY'VE GOT THEIR OWN EMERGENCY RESPONSE PLAN, THEIR OWN MATERIALS. THEY'RE THE EXPERTS IN IT. THEY ARE THE FIRST LINE OF DEFENSE. I GUESS YOU'D SAY WE ONLY HAVE TO BECOME INVOLVED WHEN WE HAVE WHAT'S CALLED AN UNCONTROLLED RELEASE, WHERE THEY'RE NOT ABLE TO STOP IT, AND IT'S OUTSIDE OF THEIR THEIR ABILITY, EITHER BECAUSE OF MATERIALS OR EQUIPMENT THEY HAVE OR BECAUSE IT'S SUCH A NOXIOUS PRODUCT THAT
[00:15:03]
THEY DON'T WANT TO BE NEAR IT BECAUSE IT PUTS THEM AT RISK WITH THAT SPECIALTY EQUIPMENT.DOES ESD 12 CURRENTLY HAVE THAT SPECIALIZED EQUIPMENT THAT YOU MENTIONED IN THIS LAST STATEMENT? THAT'S WHY WE HAVE A COOPERATIVE AGREEMENT, A MUTUAL AID AGREEMENT. YEAH, THE COOPERATIVE AUTOMATIC AID AGREEMENT WITH AUSTIN. AUSTIN IS THE EMERGENCY RESPONSE EMERGENCY RESPONDER FOR HAZARDOUS MATERIALS. HOWEVER, ALL OF THE DEPARTMENTS IN THE COUNTY HAVE HAZARDOUS MATERIALS. TECHNICIANS LIKE I'M A HAZMAT TECHNICIAN AND HAZMAT COMMANDER. THEY HAVE PEOPLE IN THE DEPARTMENTS THAT MAKE THAT INITIAL FIRST ASSESSMENT ASSESSMENT WHERE WE TRY TO CONTAIN IT AND THEN WE TRY TO CREATE AN AREA AROUND IT THAT'S SAFE AND REMOVE PEOPLE FROM THE HAZARD. THERE'S TWO WAYS TO DEAL WITH EMERGENCIES. YOU EITHER REMOVE THE HAZARD FROM THE PERSON OR THE PERSON FROM THE HAZARD. IN THIS CASE, WITH HAZARD TILL'S INSTANCE, WE ALWAYS TRY TO REMOVE THE PEOPLE FROM THE HAZARD, AND THEN WE COME BACK IN AND WORK WITH THE HAZARD TO MITIGATE IT AND MAKE IT SAFE. ARE YOU AWARE OF WHERE THOSE TEAMS OR THAT EQUIPMENT IS STORED BY AUSTIN FIRE DEPARTMENT? IS IT STORED AT HEADQUARTERS, OR IS IT STORED OR STORED FIRE STATIONS AROUND THE CITY? IT'S STORED AROUND FIRE STATIONS AROUND THE CITY. SINCE I'M NOT WITH AUSTIN, I DON'T KNOW EXACTLY WHERE EACH ONE OF THE RESCUE AND UNITS ARE. AND IT'S ALSO AT THE TIME OF DAY THING, YOU MAY GET A UNIT THAT'S OUT, YOU KNOW, GOING TO A TRAINING OR A SHOP THAT'S, YOU KNOW, SIGNIFICANTLY CLOSER. SO WE'RE GOING TO GET THE CLOSEST UNITS THAT ARE AVAILABLE. AND AGAIN, WE HAVE HAZMAT TECHNICIANS IN OUR DEPARTMENT.
PFLUGERVILLE DOES ANY RESPONDING UNITS OUT HERE. WE'RE GOING TO HAVE HAZMAT TECHNICIANS THAT CAN LOOK AT WHAT'S GOING ON AND BEGIN THOSE INITIAL ASSESSMENTS. AND ISOLATIONS TO PREVENT PEOPLE FROM GETTING INTO IT. AND WE ALSO USE OUR PARTNERS IN PD, SHERIFF'S OFFICE, DPS, WHATEVER.
YOU KNOW IF NECESSARY WE WILL SHUT DOWN. 290 I HOPE IT NEVER HAPPENS. BUT IF YOU LOOK DOWN, LOOK DOWN THE ROAD SOMETIME THESE PRODUCTS ARE GOING DOWN THE ROAD EVERY DAY IN LARGE QUANTITIES. THE BOX TRAILERS THAT HAVE THE SIGNS THAT SAY DANGEROUS ON THEM HAVE MIXED LOADS. SOMETIMES THAT THEY REACT WITH EACH OTHER IF THEY GET IF THEY COME TOGETHER. SO WE WILL TRY OUR BEST TO MAKE SURE THE SITE IS SAFE AND MAKE SURE THEY HAVE ADEQUATE SAFETY PLANS IN PLACE AND THE PUBLIC'S PROTECTED. BUT ANYTHING OFF SITE WE HAVE. ABSOLUTELY. AND I DON'T THINK THE CITY HAS ANY REGULATORY AUTHORITY. IF YOU WANT TO WORK ON A HAZARDOUS MATERIALS ROUTE OR IF THEY NEED TO DESIGNATE THAT AS A HAZMAT ROUTE, THEN THEY'LL HAVE TO GO THROUGH TXDOT WITH THE STATE. THANK YOU. THAT'S ALL MY QUESTIONS. THANK YOU. OKAY.
THANK YOU. I WAS UNCLEAR WHEN YOU WERE TALKING. YOU HAD MENTIONED THAT YOU WERE WORKING WITH THE PROPERTY OWNER ABOUT GETTING MORE INFORMATION AT THIS POINT. DO YOU HAVE ENOUGH INFORMATION TO DETERMINE IF THE ACTUAL ON SITE VERSUS THE TRANSPORTATION PART? THE ON SITE PART IS GOING TO BE SAFE AND BE ABLE TO HANDLE AT THIS TIME, NOT AT THIS TIME. SO WE NEED MORE INFORMATION. PERHAPS THEY'RE GATHERING MORE INFORMATION. I ACTUALLY HAD AN OFF LINE MEETING WITH MR. CALLOWAY IN THE HALLWAY, AND WE WERE DISCUSSING MITIGATION STRATEGIES AND SOME OF THE PRODUCTS ON SITE AND THE CONCERNS THAT I HAVE AND WHAT I NEED FOR ME TO FEEL LIKE WE'RE KEEPING THE COMMUNITY SAFE. AND HE'S ASSURED ME THAT HE'S GOING TO BE ABLE TO GET THOSE THAT INFORMATION AND PROVIDE IT. THE FIRE DEPARTMENT WILL, IF NECESSARY, REQUIRE THAT AT THE OWNER'S EXPENSE THAT THIRD PARTY EXPERTS ARE BROUGHT IN TO CHEMICAL ENGINEERS. IF WE NEED THEM TO LOOK AT THIS AND REVIEW THE MITIGATION PLAN AND MAKE SURE THE COMMUNITY IS SAFE, THAT'S SOMETHING THE FIRE CODE DOES ALLOW ME TO DO, AND WE WILL CERTAINLY UTILIZE THAT IF WE HAVE TO. I APPRECIATE THAT. SO WHAT I'M HEARING IS THIS I NEED TO BE TABLED TILL WE GET A LITTLE MORE INFORMATION. IS AM I HEARING THAT RIGHT OR WRONG, IF I MAY? SOMETHING THAT WAS MENTIONED LAST TIME IS THIS IS ULTIMATELY ZONING. IT'S VERY, VERY PRELIMINARY. SO SOME OF THE INFORMATION THAT WOULD NEED TO BE PROVIDED WOULD DEPEND ON YOUR BUILDING LAYOUT, HOW THINGS ARE SET, WHERE YOUR DETENTION PONDS ARE, WHAT YOUR INGRESS AND YOU'RE LIKE. THESE ARE THINGS THAT JUST HAVEN'T BEEN DESIGNED YET. THAT'S WHY IT'S STILL BEING WORKED ON, BECAUSE THIS IS THE ZONING TO ALLOW FOR THE. YEAH. AND IF YOU ALLOW THEM TO MOVE FORWARD WITH THE PROJECT, YOU'RE ALLOWING THEM TO MOVE FORWARD WITH THE CONCEPT OF THE PROJECT. YOU'RE NOT ALLOWING THEM TO MOVE FORWARD WITH THE PROJECT. THE PROJECT ITSELF STILL HAS TO BE APPROVED BY FIRE. IT STILL HAS TO BE APPROVED BY THE CITY. THERE'S GOING TO BE A LOT OF PEOPLE LOOKING AT THIS, AND EVERYBODY HAS TO SIGN OFF ON THIS OR IT WON'T GO. BUT AS YOU JUST STATED, WE ONLY HAVE SO MUCH JURISDICTION. SO YOU USE YOUR SORRY TO OVERSTEP, MR. COMMISSIONER TERRY, BUT YOU JUST STATED TO ME IN MY IN A RESPONSE TO MY QUESTION THAT THAT YOUR JURISDICTION STOPS WHEN THEY LEAVE THEIR PROPERTY. OUR JURISDICTION STOPS AT OUR JURISDICTION IS ON THE ZONING PORTION OF THIS. NO, NO, I'M STILL WASN'T I WASN'T CLEAR I'M SORRY. OKAY. MY ABILITY TO REGULATE TRANSPORTATION OF CHEMICALS DOES NOT INCLUDE ANY STATE OR COUNTY OR CITY HIGHWAY.
[00:20:02]
AND SO THAT'S ALL OF THEM. THAT'S ALL OF THE ROADS I HAVE. YES, SIR. I HAVE NO AUTHORITY TO REGULATE WHAT GOES ON AND OFF THE PROPERTY THAT'S BEING TRANSPORTED BY A CARRIER. BUT ONCE IT'S ON THE PROPERTY, I HAVE ABSOLUTE AUTHORITY TO SAY WHAT CAN OR CANNOT BE ALLOWED. I HAVE THE AUTHORITY TO SAY I WANT TO SEE A SPECIFIC SAFETY PLAN. I HAVE THE AUTHORITY TO SAY I AGREE OR DISAGREE WITH THE MITIGATION PLAN AND THE THREAT TO THE COMMUNITY. AND I HAVE THE AUTHORITY TO BRING IN A THIRD PARTY EXPERT TO SATISFY ME AND COUNSEL THAT WHAT THEY'RE PUTTING IN A SAFE. HAD THIS PARCEL BEEN BEEN IN A DIFFERENT GEOGRAPHIC LOCATION IN YOUR DISTRICT. I'M SORRY, I'M HARD OF HEARING. HAD THIS PARCEL BE BE LOCATED IN A DIFFERENT PORTION OF YOUR DISTRICT WHERE YOU DON'T HAVE THE SAME ADJACENT PROPERTY CONCERNS THAT YOU HAVE STATED OR COMMUNITY SAFETY NEEDS. WOULD YOU HAVE? WOULD YOU FEEL MORE COMFORTABLE WITH THIS WITH WITH THE PROPOSAL AS YOU CURRENTLY ARE? SO THIS IS AN IN TWO VERSUS AN IN ONE QUESTION FOR ME. YES, SIR. IN TWO SAYS GREEN LIGHT FOR THIS PROJECT IN ONE SAYS THIS IS TOO INTENSE FOR THIS AREA. AND THERE ARE OTHER IN TWO PROPERTIES IN THE CITY TO CONSIDER. THE HONEST ANSWER TO THAT IS, I DON'T HAVE ENOUGH INFORMATION TO ANSWER THAT QUESTION, OKAY? BECAUSE IF ALL OF THE DANGEROUS CHEMICALS ARE KEPT IN THE BUILDING IN A IN A MANNER THAT IF THERE WAS A RELEASE IN THE BUILDING THAT IT CANNOT ESCAPE THE BUILDING AND THE PRODUCTS OUTSIDE THE BUILDING REALLY PRESENT A VERY LOW HAZARD TO THE COMMUNITY, THEN VERSUS VERSUS THE OTHER SIDE OF THAT, YOU KNOW, VERSUS A FLIP FLOP. BUT I DON'T HAVE ENOUGH INFORMATION TO KNOW WHAT'S GOING TO BE GOING WHERE AND WHAT QUANTITIES AND WHAT THE MITIGATION STRATEGY IS, HOW THEY'RE GOING TO HANDLE A RELEASE. SO I CAN'T TELL YOU IF I'M COMFORTABLE WITH IT BEING WHERE IT'S AT. WHAT I'M NOT COMFORTABLE WITH IS NOT KNOWING. AND SO WHEN I KNOW, THEN I CAN SAY, I THINK THIS IS A GOOD IDEA OR I DON'T THINK IT'S A GOOD IDEA. CAN I DO A QUICK FOLLOW UP ON SOMETHING YOU JUST SAID ABOUT KNOWING WHAT'S THERE, ACCORDING TO THE PLAN THEY'RE TALKING ABOUT ON THE OUTSIDE OF THE OF THE PLANT OR OUTSIDE THE BUILDING, THEY'RE GOING TO HAVE CARBON DIOXIDE AND NITROGEN TANKS OUTSIDE. I'M ASSUMING THAT YOU'RE COMFORTABLE WITH THOSE BEING THEY HAVE A LIMITED RISK. THOSE TWO ARE USUALLY CRYOGENICS, WHICH MEANS THAT IN THEIR LIQUID FORM, IF THEY GET ON YOU, THEY WILL CAUSE FREEZE BURNS. IT CAUSE YOU TO LOSE LIMBS. AND THEY'RE ALSO AN ASPHYXIANT. IF THEY GET IN THERE, THEY'LL DISPLACE THE OXYGEN, BUT THEY TYPICALLY RAPIDLY DISSIPATE. SO IF YOU CAN STAY OUT OF THE AREA WHERE YOU'RE GOING TO GET THE FREEZE, THE FREEZING INJURIES, AND IF YOU CAN STAY UPWIND OF IT AND ALLOW IT TO DISSIPATE, TYPICALLY IT'S A VERY LOW RISK TO THE PUBLIC. IT'S SOMETHING THAT'S EASILY MITIGATED. IF WE HAD A LARGE RELEASE OF A PRODUCT LIKE THAT, YOU KNOW, DEPENDING ON THE DEPENDING ON THE CIRCUMSTANCES AND WEATHER CONDITIONS AT THE TIME, WE MIGHT ASK PEOPLE TO SHELTER IN PLACE. WE MIGHT ASK PEOPLE TO KEEP PEOPLE OUT OF THE HOME, OR WE MIGHT SHUT DOWN KIMBROUGH ROAD UNTIL THE RELEASE IS OVER. SO THAT'S A COMPLETELY DIFFERENT PRODUCT. YOU KNOW, THIS DOESN'T BRING SOME OF THE RISKS THAT SOME PLANTS AND CERTAIN LOCATIONS WOULD IF THIS PLANT WAS NEXT TO A WATERWAY OR WATERSHED ISSUE. AND WE'VE GOT NON GASEOUS PRODUCTS THAT ARE THAT WILL MIX WITH THE WATER, THEN YOU CAN THEN YOU'D HAVE TO WORRY ABOUT, YOU KNOW, DO WE POLLUTE THE WATER. DO WE POLLUTE THE WATER TABLE IF THERE'S A LEAK OR WHATEVER. SO YOU KNOW THIS PLACE DOESN'T HAVE AS MANY RISKS AS SOME I'VE SEEN, BUT I JUST DON'T HAVE ENOUGH INFORMATION ABOUT WHAT'S GOING TO BE STORED, WHERE TO GIVE YOU ALL AN HONEST ANSWER THAT SAYS I LIKE IT OR I DON'T LIKE IT, I'M COMFORTABLE OR I'M NOT COMFORTABLE. THANK YOU. YES, SIR. BUT MR. BURRELL, AT THIS POINT, IT'S JUST ZONING. IT'S NOT NECESSARILY SPECIFIC USE ON THE PROPERTY. THAT'S ANOTHER MEETING DOWN THE ROAD. OR DOES THE YN2 AUTOMATICALLY ALLOW THIS? SO THE YN2 ALLOWS FOR THE ABILITY TO SUBMIT A SITE PLAN FOR REVIEW. IT DOES NOT AUTOMATICALLY ALLOW THEM TO JUST BUILD IT. SO THIS ZONING MOVES FORWARD. THEY STILL HAVE TO SUBMIT SOME MULTIPLE PARTIES AND SATISFY MULTIPLE REVIEWS BEFORE THEY ARE ABLE TO EVEN TURN DIRT ON THE GROUND. AND MAYBE I'M HOPING THIS WILL HELP PNC BE HAVE A LITTLE MORE COMFORT. THE FIRE DEPARTMENT ACTS AS AN AGENT OF THE CITY, SO WE PROVIDE THE CITY. WE ARE NOT THE FINAL AUTHORITY, WE DO NOT GIVE IT AND IT IS NOT ON OUR AUTHORITY. THEY BUILD. IT'S ON THE CITY'S AUTHORITY THEY BUILD. WE ARE YOUR AGENT. WE ARE HERE TO LOOK OUT FOR THE CITY. SO IF AT THE END OF THE DAY, EVEN IF I'M VERY COMFORTABLE WITH IT, IF THE CITY, FOR WHATEVER REASON SAYS NO, WELL THEN THE ANSWER IS NO. THAT'S SIMPLE. YES, SIR. CAN I SPEAK?[00:25:09]
TO. NO. NOT TODAY. ANY OTHER QUESTIONS? COMMENTS? DISCUSSIONS? DID YOU HAVE ANY QUESTIONS OR COMMENTS OR ANYTHING TO DISCUSS TO THE APPLICANT? ANYTHING TO ASK MR. HOLLOWAY? WELL, DID WHEN YOU MET WITH THEM, DID YOU? WAS EVERYTHING YOU DISCUSSED WITH THEM ADEQUATELY ANSWERED? YES, IT WAS ADEQUATELY ANSWERED YES. AND SO? FOR EXAMPLE, THE QUESTION WAS RAISED, HEY, DID WE DO A PLUME ASSESSMENT PLUME STUDY? RIGHT. SO IT'S KIND OF THIS CLOUD THAT, YOU KNOW, THAT SHOWS, YOU KNOW, WHEN YOU HAVE A RELEASE OF A PARTICULAR CHEMICAL AND THE LIMITS OF THAT. RIGHT. AND SO DEPENDING ON THE TOPOGRAPHY, THE WIND, THE ELEVATION, DIFFERENT, YOU KNOW, CONSTRAINTS AND VARIABLES IN THAT, THAT FLOW CAN GO SOMEWHERE. RIGHT. AND HOW DOES THAT OUTLINE OR OVERLAY ON, YOU KNOW, ON THAT PROPERTY AND THE SURROUNDING AREAS. RIGHT. SO THAT STUDY HAS BEEN REQUESTED AND THE ENGINEERS DID AGREE TO, TO PERFORM THAT AND TO SUBMIT THAT FOR A REVIEW. RIGHT? SO IF THEY DIDN'T HAVE THINGS IN HAND OR QUESTIONS IN HAND, IT WAS AGREED UPON. THESE WERE REQUIREMENTS THAT WE NEEDED IN ORDER TO FEEL COMFORTABLE AND, YOU KNOW, TO STUDY AND TO MAKE A DECISION ON IT. RIGHT. SO IT WAS A PRODUCTIVE MEETING. I DEFINITELY WOULD SAY, I WISH THE CHAIR WAS HERE TO GIVE HIS HIS COMMENTARY ON IT ALSO. BUT YEAH, NICE. BUT AS OF TODAY, IT'S JUST DO WE CHANGE THE ZONING FROM WHERE IT'S AT AGRICULTURAL TO IN TO NOT NECESSARILY WHAT'S GOING TO BE PUT ON IT AND WHAT KIND OF PERMITS AND THAT KIND OF STUFF. IT'S JUST THE ZONING FROM A TO I. AND TWO IS THAT CORRECT? THAT IS CORRECT. YES. SO WE DO HAVE THE INTENT, RIGHT, OF WHAT THEY DO PLAN ON DOING. AND SO WE'RE GETTING AHEAD. AND THIS IS A PART OF THE PLANNING PIECE OF OUR P AND Z COMMISSION ON KNOWING WHAT'S OUT THERE, WHAT IS PLANNED TO BE OUT THERE SO THAT WE CAN BE A PART OF THAT, THAT CONVERSATION IN COORDINATION. SO ITEMS THAT WE NEED INFORMATION, DOCUMENTATION, DESIGN STUDIES, ALL THOSE THINGS AHEAD OF TIME THAT THOSE ARE THE CONVERSATIONS THAT WE'RE GOING TO GET INTO. WE'RE GOING TO BE MEETING WITH THOSE INDIVIDUALS AND APPLICANTS BEFORE WE GET TO THE MEETING, SO THAT WE DON'T HAVE WHAT WE DID LAST TIME, WHERE WE DIDN'T HAVE ANSWERS ADEQUATELY FOR OUR QUESTIONS. RIGHT. AND THE QUESTIONS OF THE RESIDENTS THAT WE PULLED FROM THAT. AND SO I DO WANT TO LET YOU KNOW THOSE QUESTIONS THAT YOU HAD LAST, LAST MEETING. I WROTE ALL THOSE DOWN, AND WE DISCUSSED THAT TO THE APPLICANT AND GOT THOSE ANSWERS. SO WE HAVE INFORMATION DOCUMENTATION THAT WILL SUPPORT, YOU KNOW, WHETHER WE APPROVE OR NOT. BUT THEY THEY HAVE THOSE ANSWERS, YOU KNOW, FOR US. AND THAT'S WHAT WE'RE HERE FOR, TO BE ADVOCATES TO OUR FELLOW RESIDENTS AS WELL AS, YOU KNOW, OUR NEIGHBORS AND US. AND SO MOVING FORWARD, AS COMMISSIONER LIKES TO SAY, THIS IS THE NEW COMMISSION, THAT WE WILL BE A PART OF THOSE CONVERSATIONS. WE WANT TO PROVE THINGS THAT WE'RE NOT A PART OF AND DON'T KNOW ANYTHING, DON'T HAVE INFORMATION PRIOR TO GETTING TO THESE MEETINGS SO THAT WE CAN, YOU KNOW, BE GOOD STEWARDS OF OUR COMMUNITY AND STUDY THIS SO THAT WE COME PREPARED TO HAVE, YOU KNOW, PRODUCTIVE CONVERSATIONS. SO. I HAVE A QUESTION. WERE THERE ANY OTHER RESIDENTS AROUND THE AREA IN THIS MEETING? NO. SO IT WAS REPRESENTATIVES. IT WAS REQUESTED BY US TO HAVE OUR COMMISSION, TO HAVE TWO COMMISSIONERS TO BE A PART OF THE MEETING, TO GLEAN ALL THE COMMENTS FROM THE MEETING, QUESTIONS THAT WE RECEIVE, AND ALSO ESD REPRESENTATIVE, AS OUR ADVOCATE ON FIRE AND CHEMICAL SIDE, TO KNOW EXACTLY WHAT INFORMATION THAT WE THAT WE HAD,[00:30:08]
WHAT WE DIDN'T HAVE AND WHAT WE NEEDED. YEAH. ONE THING I WANT TO ADD, THIS IS NOT A ONE TIME DEAL FOR ME. AS YOU ALL MOVE FORWARD WITH THIS PROJECT AND FUTURE PROJECTS, YOU'RE WELCOME TO REACH OUT TO ME AT THE FIRE DEPARTMENT. I'M HAPPY TO MAKE TIME IN MY DAY TO SIT DOWN AND HAVE CONVERSATIONS WITH YOU ALL. I KNOW WE CAN'T DO QUORUMS. HOWEVER, YOU ALL ARE WELCOME TO COME IN. WE CAN SIT DOWN AND WE CAN DISCUSS YOUR CONCERNS, AND I CAN GO OVER THE MITIGATION STRATEGIES THAT I'M AWARE OF AND PROVIDE SOME IDEAS. JUST DON'T EXPECT ME TO BE THE EXPERT IN ALL THINGS. I DON'T KNOW EVERYTHING. AND THAT'S THE ONE THING THAT KEEPS KEEPS ME FROM GETTING IN MORE TROUBLE WITH MY WIFE. SO I'M HAPPY TO HELP WITH THIS PROJECT AS IT MOVES FORWARD. AND THIS IS NOT GOING TO BE THE ONLY TIME THIS IS GOING TO COME UP. SO AS WE HAVE FURTHER PROJECTS, YOU KNOW, THE FIRE DEPARTMENT IS GOING TO BE ABLE TO HELP YOU ALL AS WELL WITH THAT. DO WE HAVE ANY MORE QUESTIONS FOR BILL CARLSON? HE DOES HAVE ANOTHER MEETING ACTUALLY FOR THE SD 12 COMMISSION. SO IF WE DON'T NEED HIM ANYMORE, HE'S GOING TO GO. I DON'T THINK ANY QUESTIONS ARE NEEDED. RIGHT. YEAH. GOOD. ANY FURTHER DISCUSSION? OKAY. YES. I THINK THAT MY CONCERNS THAT I HAD LAST TIME REMAIN I WOULD BE. GOOD WITH ENTERTAINING AND. I IN ONE AS IS WHAT'S NEAREST ZONING TO THE SITE. I AND TWO TO ME IS EXCEEDS WHAT I'M COMFORTABLE WITH, PARTICULARLY WITH THE LOCATION OF A RESIDENCE. SO CLOSE. ALL RIGHT. THANK YOU FOR THAT. YES. YOU CAN SEE IT ON THE SCREEN. RIGHT. ALL RIGHT. ANY OTHER COMMENTS? OKAY. DOES THE IRON ONE ALLOW THEM TO DO WHAT THEY WANT TO DO WITH MORE RESTRICTIONS, OR IS IT. NO. SHUT OFF THE WHOLE NO DEAL. OH I'LL LET STAFF ANSWER. TECHNICALLY MICHAEL BURRELL WOULD ANSWER THIS. COMMISSIONER BROCK, BASED ON THE INTENSITY OF USE THAT IS PROPOSED IN ONE, WOULD NOT ALLOW FOR THE PROPOSED PROJECT. I'M SCOTT JONES, ECONOMIC DEVELOPMENT DIRECTOR FOR THE CITY OF MANOR AND IN THE MANOR COMMERCIAL PARK, WHICH IS JUST ADJACENT TO THIS SITE. THERE ARE AIRGAS COMPANIES, TWO OF THEM THAT ARE LOCATED THERE. THEY'RE STORING THE SAME TYPES OF CHEMICALS, AND THEY'RE ADJACENT TO THOSE RESIDENTIAL USES ALSO. AND THEY'RE IN IN ONE. MR. MR. JONES SO WE CAN USE IN ONE. THEN YOU'RE SAYING, OKAY, WELL, THAT'S NOT WHAT WAS REQUESTED, BUT I'M JUST I'M JUST SAYING WE'RE NOT HERE TO BE LOBBIED BY STAFF. WE'RE JUST I'M JUST STATING WE SPOKE TO MR. BURRELL. THANK YOU. LOBBYING AT ALL. THE SAME FACTS. COMMISSIONERS, I AM CONCURRENT WITH COMMISSIONER MEYER ON THE FUTURE LAND USE MAP IDENTIFYING INDUSTRIAL FOR THIS AREA. BUT I DO NOT BELIEVE THAT THE INTENT OF DESTINATION 2050 IS TO DO HEAVY INDUSTRIAL IN THIS AREA. IT IS NOT NEAR THE MAJOR HIGHWAYS OF OUR CITY. IT IS NEAR WHERE WE HAVE MULTIPLE THOUSANDS OF HOMES, SINGLE FAMILY AND MULTIFAMILY THAT ARE PLANNED OR ALREADY BUILT WITHIN A MILE OF THIS AREA. AND IT IT INDUCES A POTENTIAL OF CREATING CREATING NON-HAZARDOUS, NON-RADIOACTIVE HAZARDOUS MATERIALS ROUTES ON STREETS AND ROADS GOING THROUGH OUR COMMUNITY THAT ARE NOT CURRENTLY FOR THAT TYPE OF MATERIALS TO BE GOING ON. SO FOR THAT REASON, I DO NOT BELIEVE. I BELIEVE THAT AS OUR DUTY TO AS OUR CHARTER DUTY TO UPHOLD DESTINATION 2050, THE CITY'S COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP FOR THIS AREA AND THE ADJACENT USE, AS STATED BY MR. JONES AND CONFIRMED BY MR. MEYER AND IN OUR BACKUP AS BEING IRON ONE ON THE ADJACENT PROPERTY. THAT'S WHERE I AM LEANING. SO, AND I AM NOT PERSUADED, BASED ON THE CONSTERNATIONS OR THE LIMITATIONS OF THAT. MR. HE DIDN'T PROVIDE HIS LAST NAME,[00:35:03]
BUT BILL FROM SD 12 HAD LAID OUT AS THE LIMITS THE LIMITS OF THE HANDS. YOU KNOW THAT THE HANDS ARE TIED OF AGENCIES AS YOU GO THROUGH THE PROCESS IN DIFFERENT WAYS, NOT TO BASED ON THE SCOPE OF YOUR WORK. SO I'M NOT LOOKING AT THIS FROM THE BASIS OF WHAT THE LETTER OF INTENT SAYS FOR THIS SPECIFIC APPLICANT, OR WHAT THEIR PERSUASIVE LETTER OF INTENT IS PROVIDING ME, I AM SAYING IS I N-2 AND ANY OF THE USES PERMITTED WITHIN THAT ZONING CATEGORY IN LINE WITH OUR COMMUNITY GOALS FOR THIS, THIS PARCEL. AND I DON'T BELIEVE THAT'S TRUE. SO WITH THAT, I WILL, FOR THE RECORD, HOLD ON. FOR THE RECORD, MR. BILL CARSON. BILL CARSON, THANK YOU. CARLSON WITH AN AL CARSON WITH THAT, I WOULD RECOMMEND THE REZONING OF TWO LOTS ON 23.809 ACRES, MORE OR LESS, AND BEING TCAD PARCEL 236885, ALSO KNOWN AS 12522 AND 12542. OLD KIMBER ROAD IN MAYNARD, TEXAS, FROM AN AGRICULTURAL TO IN ONE LIGHT INDUSTRIAL. I'LL SECOND. THAT.CLARIFY. THAT IS A MOTION, RIGHT? YES, I MOVE SO YES, ROBERT'S RULES OF ORDER STATE THAT I THAT THAT IS THE MOTION I MADE AND ENTERTAINED ON THE FLOOR. THANK YOU. ALL RIGHT. WE DO HAVE A MOTION ON THE FLOOR BY COMMISSIONER STENSLAND, SECOND BY COMMISSIONER MEYERS. SAY THIS ONE HERE, THAT WE APPROVE THE REZONING APPLICATION FOR TWO LOTS, 23.809 ACRES, MORE OR LESS THAN BEING A PARCEL. 236885, ALSO KNOWN AS 12522 AND 125420 KIMBRELL ROAD, MAYNARD, TEXAS.
FROM AGRICULTURE TO IN DASH ONE LIGHT INDUSTRIAL. ANY DISCUSSIONS ON THE MOTION? ALL RIGHT. HEARING NONE. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. AND ALL OPPOSED. RAISE YOUR HAND. ALL RIGHT. SO. YEAH. THE MOTION. YEAH. THE MOTION FAILS. SO. ALL RIGHT. BRIEF INTERMISSION, PLEASE, WHILE WE GET SOME CLARIFYING INFORMATION FROM LEGAL COUNSEL. YEP.
[00:41:16]
OKAY, WE'RE GETTING A CLARIFICATION. YEAH. CHAIR. COMMISSIONER, CHAIR.COMMISSIONERS. ASSISTANT CITY ATTORNEY VERONICA RIVERA. WE WERE JUST WANTING TO MAKE SURE THAT WHEN YOU DO NOT HAVE ALL OF YOUR COMMISSIONERS PRESENT, WHETHER A MOTION PASSES WITH A32 VOTE OR DOES NOT, AND WE HAVE CONFIRMED UNDER THE CHARTER, SECTION 105.037 THAT IT IS WHO'S THE MAJORITY OF WHO'S VOTING OF THE MEMBERS PRESENT. SO YOUR MOTION THAT WAS MADE AND THE VOTE THAT WAS TAKEN WAS 3 TO 2. SO THE MOTION DOES PASS. ALL RIGHT. THANKS FOR THAT CONFIRMATION. AND THAT IS AGENDA ITEM NUMBER SIX. THE MOTION IS PASSED AS IT WAS STATED. TO MOVE FROM A AGRICULTURE TO I ONE LIGHT INDUSTRIAL. WE'LL MOVE TO PUBLIC HEARING AGENDA ITEM
[PUBLIC HEARING (Part 2 of 2)]
NUMBER TWO. AND THAT IS TO CONDUCT THE PUBLIC HEARING ON REZONING APPLICATION FOR ONE LOT ON 0.3156 ACRES, MORE OR LESS BEING TCA PARCEL 238238781, ALSO KNOWN AS 309 LEXINGTON STREET, MAYNARD, TEXAS, FROM SF ONE SINGLE FAMILY SUBURBAN TO NB NEIGHBORHOOD BUSINESS PLANNING AND ZONING COMMISSION. THIS ITEM IS A REZONING OF THE HOUSE THAT'S QUITE LITERALLY JUST OUTSIDE AND BEHIND THIS BUILDING. THEY ARE REQUESTING TO SWITCH FROM SINGLE FAMILY SUBURBAN TO NEIGHBORHOOD BUSINESSES. DOES FALL IN LINE WITH OUR COMPREHENSIVE PLAN FOR THE NEIGHBORHOOD BUSINESS SHOPS ALONG THAT LEXINGTON CORRIDOR, SOMETHING THAT THE COMMUNITY CAN USE IN ESSENTIALLY CREATE AN ADDITIONAL SPACE FOR LOCAL BUSINESS. WE DO HAVE THE APPLICANT HERE, AND I BELIEVE HE SUBMITTED A SPEAKER CARD. IF THERE ARE FURTHER QUESTIONS PERTAINING TO WHAT EXACTLY THE INTENT OF THE BUSINESS IS AND IF THERE ARE ANY FURTHER QUESTIONS, LET ME KNOW. YES, WE DO HAVE THE SPEAKER CARD FOR JEFF TURNER. HE DOES NOT WISH TO SPEAK ON. THIS ITEM, HOWEVER, IS AVAILABLE FOR ANY QUESTIONS FOR THIS PUBLIC HEARING ITEM AND ALSO THE REGULAR AGENDA ITEM NUMBER SEVEN AT THAT TIME. NO OTHER SPEAKERS. I WILL MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING ON ITEM TWO. SECOND I'LL SECOND. ALL RIGHT. SO WE HAVE A MOTION ON THE FLOOR TO CLOSE THE PUBLIC HEARING ITEM BY COMMISSIONER STENSLAND, SECOND BY COMMISSIONER NILA. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. PUBLIC HEARING ITEM IS CLOSED. PUBLIC HEARING AGENDA ITEM NUMBER FOUR. TO CONDUCT A PUBLIC HEARING ON A CONCEPT, PLAN AND AMENDMENT FOR THE MONARCH RANCH SUBDIVISION FOR HUNDRED LOTS ON 120.833 ACRES, MORE OR LESS. AND BEING LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GREGG LANE AND FM 973, MAYNARD, TEXAS. PLANNING AND ZONING COMMISSION. THIS ITEM IS AN AMENDMENT TO THE CONCEPT[00:45:06]
PLAN FOR MONARCH RANCH. ADDITIONAL RIGHT OF WAY WAS ACQUIRED FOR GREG LANE TO ALLOW FOR MORE ROADWAY IMPROVEMENTS TO BE DONE. THAT IN TURN FOR THE LOT SIZES WITHIN THE SUBDIVISION, BECAUSE THE RIGHT OF WAY WOULD ESSENTIALLY INCREASED IN WIDTH, SO SOME OF THE LOTS HAD TO BE ADJUSTED TO COMPENSATE FOR. ADDITIONALLY, THERE WAS A DUPLICATE NAME USED WITHIN THE SUBDIVISION, AND THIS AMENDMENT IS TO CORRECT THAT BY UTILIZING A DIFFERENT NAME.AND. WE DON'T HAVE A SPEAKER CARD. SO. THIS IS A PUBLIC HEARING ITEM.
WELL, IF NOBODY'S HERE TO SPEAK, THEN I MOVE THAT WE CLOSE THE PUBLIC HEARING ON THIS AGENDA ITEM. SECOND. ALL RIGHT. THERE'S A MOTION TO CLOSE THE PUBLIC HEARING ITEM BY COMMISSIONER TERRY AND SECOND, BY COMMISSIONER STENSLAND. ALL IN FAVOR, RAISE YOUR HAND. ALL
[CONSENT AGENDA]
RIGHT. PUBLIC HEARING ITEM IS CLOSED. CONSENT AGENDA. ALL OF THE FOLLOWING ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY THE PNC COMMISSION, AND WILL BE ENACTED WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS REQUESTED BY THE CHAIR OR COMMISSIONER, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. CONSIDER NUMBER FIVE. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION TO APPROVE THE MINUTES FOR APRIL 12TH, 2025. PLANNING AND ZONING COMMISSION REGULAR SESSION. I MOVE THAT WE APPROVE THE MINUTES FOR MARCH. THE LAST ONE. THANK YOU. I HAVE FOR THE MARCH. THE MARCH? YEAH. THE MARCH. SORRY. I'M SO SORRY. IT'S POSTED WRONG ON THE ON THE AGENDA. SO. MARCH 12TH. MARCH 12TH. OH, SORRY. IT'S NOT POSTED ON THE AGENDA. IT'S POSTED WRONG ON THE ON THE POWERPOINT. THANK YOU. SORRY. YES. MY POWERPOINT. THANK YOU. SECOND. ALL RIGHT. CORRECTION ON THAT. SO IT IS TO APPROVE THE MINUTES FOR MARCH 12TH, 2025. PLANNING AND ZONING COMMISSION REGULAR SESSION. HAVE A MOTION ON THE FLOOR BY COMMISSIONER MYERS AND SECOND, BY COMMISSIONER STENSLAND. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. IT'S BEEN PAST. OKAY, SO[REGULAR AGENDA (Part 2 of 2)]
DOWN TO REGULAR AGENDA ITEM NUMBER SEVEN. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REZONING APPLICATION FOR ONE LOT ON 0.3156 ACRES, MORE OR LESS. AND BEING TCAD PARCEL 238781, ALSO KNOWN AS 309 LEXINGTON STREET, MAYNARD, TEXAS, FROM SF ONE SINGLE FAMILY SUBURBAN TO NB NEIGHBORHOOD BUSINESS. AND BEFORE A CITY STAFF, WE ALSO HAVE MR. CARVALHO. NO. I'M SORRY. THIS IS ON AGENDA ITEM NUMBER NINE. SO I'LL INTRODUCE YOU THEN. NO. NO SPEAKER CARDS FOR THAT ONE CITY. YES. THIS IS THE ITEM PREVIOUSLY MENTIONED IN THE PUBLIC HEARING.IT IS TO REZONE FROM SINGLE FAMILY SUBURBAN TO NEIGHBORHOOD BUSINESS. WE ARE AVAILABLE FOR ANY QUESTIONS. THE APPLICANT AND OWNER IS JEFF TURNER. WE DO HAVE THE CARD HERE FOR JEFF TURNER.
HE DOES NOT WISH TO SPEAK ON THIS ITEM, BUT IS AVAILABLE FOR ANY QUESTIONS. SO, MR. TURNER, WHAT'S WHAT'S THE PLAN? DO YOU HAVE A PLAN YET?
[00:50:47]
SO NO TEAR DOWN OR ANYTHING. IT'S KEEP THE BUILDING AND THE STRUCTURE WHERE IT IS AND PUT BUSINESS INSTEAD OF LIVING IN IT. YEAH. I.KNOW NIGHTCLUB, YOU KNOW, JUST CHECKING. I HOPE TO. I APPRECIATE THE LOOK OF THE OF THE, THE BUILDING ON THE PROPERTY IS ACTUALLY QUITE NICE. NOT QUITE NIGHTCLUBBING, BUT I THINK IT WOULD BE A GREAT BUSINESS. YEAH. EVERYTHING AROUND THIS PROPERTIES, IS IT RESIDENTIAL OR BUSINESS OR KIND OF A MIX OF BOTH OR KIND OF TRANSITIONING OR WHAT'S GOING ON? IT'S A BIT OF A MIX OF BOTH. WE DO HAVE OTHER BUSINESSES ALONG LEXINGTON CURRENTLY, AND THEY'RE NEIGHBORHOOD ORIENTED SERVICES, PLACES THAT COMMUNITY MEMBERS CAN STOP AND HAVE CERTAIN THINGS THEY NEED DONE. IT DOES FALL IN LINE WITH THE COMPREHENSIVE PLAN, THAT CORRIDOR, SPECIFICALLY BECAUSE IT IS A MAJOR THOROUGHFARE. IT'S TWO LANES, BUT IT'S ONE OF THE MAIN ROUTES THROUGH THE CITY, IS INTENDED TO BE SOMEWHERE THAT YOU CAN DRIVE THROUGH, ACQUIRE SERVICES, STOP AND ENJOY THINGS. SO IT FALLS IN LINE. AND THE NEIGHBORHOOD BUSINESS IS THE LESS INTENSIVE OF THE TWO. WITH NEIGHBORHOOD BUSINESS AND DOWNTOWN BUSINESS. I WAS GOING TO SAY, AS FAR AS PARKING REQUIREMENTS, MINIMUM PARKING REQUIREMENTS, I SEE ON THE FUTURE LAND USE MAP HERE ON THE ON THE PROPOSED PLAN. SO ESSENTIALLY, IF HE WAS TO GO TO DOWNTOWN BUSINESS, HE'D HAVE TO PROBABLY DO MORE ON SITE PARKING. AT LEAST WITH THIS HE'D ONLY HAVE TO DO EIGHT. IT'S NOT WELL, IT IS BASED ON ZONING, BUT IT'S ULTIMATELY BASED ON USE. IT JUST DEPENDS ON WHAT HE PLANS ON PUTTING IN THERE. THAT'S HOW WE CALCULATE THE PARKING. SO SAY HE DID A RESTAURANT. THAT'S ONE SPACE FOR EACH 300FT■!S OF GROSS FLOOR AREA OR NUMBER OF SEATS, WHICHEVER IS GREATER. SO IT'S JUST DEPENDENT ON USE. YOU'RE NOT GONNA SNEAK IN A GAS STATION, ARE YOU? I'M KIDDING. I SHOULDN'T BE SAYING THAT FROM THE DAIS, BUT. YEAH. NO, IT'S NOT, IT'S NOT. YES, DEFINITELY. COULD BE CONDITIONAL USE. WELL, THANK YOU SO MUCH. I'M COMFORTABLE WITH MOVING. GO FOR IT. OKAY. I'LL MAKE A MOTION THAT WE APPROVE. A RECOMMENDATION OF REZONING FOR ONE LOT ON 0.3156 ACRES, MORE OR LESS. AND BEING TCAD PART.
PARDON ME. TCAD PARCEL 238781, ALSO KNOWN AS 309 LEXINGTON STREET, MAYNARD, TEXAS, FROM SF ONE SINGLE FAMILY SUBURBAN TO NB NEIGHBORHOOD BUSINESS. SECOND. ALL RIGHT. WE HAVE A MOTION ON THE FLOOR FROM COMMISSIONER STENSLAND. SECOND BY COMMISSIONER TERRY TO FOR THE APPROVAL OF THE REZONING APPLICATION FROM SF ONE SINGLE FAMILY SUBURBAN TO NB NEIGHBORHOOD BUSINESS. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. MOTION PASSES. AGENDA ITEM NUMBER NINE. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON THE CONCEPT PLAN AMENDMENT FOR THE MONARCH RANCH SUBDIVISION 400. LOTS ON 120.833 ACRES, MORE OR LESS. AND BEING LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GREGG LANE AND FM 973, MAYNARD, TEXAS.
[00:55:07]
WE DO HAVE THE APPLICANT HERE, MR. CAVALO. HE'S DOESN'T WISH TO SPEAK ON THE ITEM, BUT IS AVAILABLE FOR ANY QUESTIONS. PLANNING AND ZONING COMMISSION AS MENTIONED IN THE PUBLIC HEARING, THIS IS A CONCEPT PLAN AMENDMENT. THERE WAS ADDITIONAL RIGHT OF WAY ACQUIRED FOR GREGG LANE, WHICH ESSENTIALLY WIDENED THAT FOR MORE TRAFFIC IMPROVEMENTS. THIS ALTERED SOME OF THE LOT SIZES, AS WELL AS AN ADDITIONAL CHANGE TO CORRECT THE DUPLICATE USAGE OF A NAME WITHIN THE CONCEPT PLAN. THIS I. ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO ASK. NO SPEAKER. NO OPPOSITION. WE DO HAVE THE APPLICANT HERE IN CASE THERE ARE ANY QUESTIONS THAT ARE MORE SPECIFIC THAN I'M ABLE TO ANSWER, BUT. YEAH, BUT NO OPPOSITION. NO. THEN I, I MOVE.WE APPROVE THE CONCEPT PLAN AMENDMENT FOR THE MONARCH RANCH SUBDIVISION FOR HUNDRED LOTS ON.
IS THAT THE RIGHT ONE? YEAH, MORE OR LESS. AND BEING LOCATED AT SOUTHWEST CORNER OF INTERSECTION OF GREGG LANE AND FM 973, IN MAYNARD, TEXAS. AGENDA ITEM NUMBER NINE. I SECOND. ALL RIGHT. WE HAVE A MOTION ON THE FLOOR BY COMMISSIONER TERRY. SECOND, BY COMMISSIONER STENSLAND TO APPROVE THE CONCEPT PLAN AMENDMENT FOR THE MONARCH RANCH SUBDIVISION. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. MOTION PASSES. ALL RIGHT. AGENDA ITEM NUMBER TEN. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON ACCEPTING THE RESIGNATION OF PLANNING AND ZONING COMMISSION CHAIR FELIX PIUS FROM THE TREE COMMITTEE. YES. CAN TELL HIM.
RIGHT. SO, YEAH. SO WE DO HAVE IN OUR IN OUR PACKET TO ITS RESIGNATION LETTER FROM THE TREE COMMITTEE. YES. PLANNING AND ZONING COMMISSION COMMISSIONER PIUS DID REQUEST TO STEP DOWN FROM THE COMMITTEE. THERE. I DON'T KNOW IF I CAN SHARE ANY OF THE REASONS, PERSONAL REASONS, AS TO WHY HE WOULD LIKE TO STEP DOWN, AND HE DID PROVIDE A LETTER STATING THAT FOR THE CONSIDERATION OF THE PLANNING AND ZONING COMMISSION. WELL, SINCE ALL OF THIS IS VOLUNTEER, AND IF HE DOESN'T WANT TO DO IT, THEN I MOVE. WE APPROVE HIS RESIGNATION TO STEP DOWN FROM THE TREE COMMITTEE. I'LL SECOND. ALL RIGHT. WE HAVE A MOTION MADE BY COMMISSIONER TERRY. SECOND BY COMMISSIONER MEYER ON ACCEPTING THE RESIGNATION BY THE CHAIR, FELIX PIUS, FROM THE TREE COMMITTEE. ALL IN FAVOR, RAISE YOUR HAND. ALRIGHT. IT'S PASSED. ALRIGHT. AGENDA ITEM NUMBER 11.
CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON RECOMMENDING NEW COMMISSIONER FOR APPOINTMENT TO THE TREE COMMITTEE. PLANNING AND ZONING COMMISSION. AND I ACTUALLY HAVE A QUESTION FOR YOU, VERONICA. AM I ALLOWED TO SHARE THE NOMINATION THAT COMMISSIONER PIUS GAVE TO ME EVEN THOUGH HE'S NOT HERE? OR WOULD HE HAVE TO BE HERE TO MAKE HIS RECOMMENDATION? I RECOMMEND FELIX PAEZ. COMMISSIONERS VERONICA RIVERA, ASSISTANT CITY ATTORNEY. IN TERMS OF ANY NOMINATIONS OR RECOMMENDATIONS FROM A FROM A COMMISSIONER THAT IS NOT HERE. CITY STAFF CAN JUST PRESENT THAT. BUT IT IS NOT A NOMINATION. IT IS JUST A RECOMMENDATION. AND THEN THERE WOULD NEED TO BE A MOTION MADE BY SOMEONE THAT'S ON THE DAIS. THANK YOU VERY MUCH. IN CONVERSATION WITH COMMISSIONER PIUS, HE DID SUGGEST COMMISSIONER CHAVIS TO TAKE HIS PLACE, AS HE FELT THAT COMMISSIONER CHAVIS WOULD BE A GOOD ADDITION TO THE COMMITTEE WITH HOW STRONGLY HE FEELS FOR THE TREES IN GENERAL, LANDSCAPING AND NATURE AROUND THE CITY. SO THAT IS FOR YOUR CONSIDERATION. WHO ALL IS ON THE TREE COMMITTEE CURRENTLY? COMMISSIONER LEONARD AND PREVIOUSLY COMMISSIONER PAEZ. OKAY. THANK YOU. AND DOES
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COMMISSIONER CHAVEZ WANT TO DO IT? COMMISSIONER CHAVIS DOES. I MOVE THAT WE. SO VICE CHAIR DOES. RIGHT. JUST BEFORE YOU BEFORE YOU GO AHEAD, COMMISSIONER TERRY. PREVIOUS EMPLOYMENT. I MEAN, A FEW YEARS AGO, I REALLY SPOKE ABOUT THE NEED FOR THE CITY ON HOW WE, NUMBER ONE, ALLOCATE RESOURCES, MONIES, PEOPLES EQUIPMENT, EVERYTHING FOR TREE PRESERVATION, BUT ALSO AS A, A DESIGN AND CONSTRUCTION PROJECT MANAGER. ONE OF MY MAJOR PROJECTS FOR THE STATE OF TEXAS WAS THE CAPITOL MALL DOWNTOWN. RIGHT. CONNECTING UT TO THE STATE CAPITOL. ALONG THAT HUGE PRESERVATION OF HUGE HERITAGE TREE THAT WAS RELOCATED DOWN THE STREET TO THE WATERLOO PARK, BUT ALSO PLANTING, YOU KNOW, OVER A THOUSAND CALIBER, YOU KNOW, OF TREES ALONG THERE FOR RESIDENTS AND CITIZENS AND VISITORS TO THE STATE TO ENJOY. SO JUST OUTSIDE OF THAT. BUT IT'S JUST SOMETHING THAT WE SHOULD BE DOING. BEAUTIFICATION. AND ALSO, YOU KNOW, PRESERVING NATURE HERE MESSED UP. YOU SOUND IMMENSELY QUALIFIED. I APPRECIATE THAT. I MOVE THAT WE NOMINATE COMMISSIONER CHAVEZ TO THE TREE COMMITTEE. JADIS CHAVIS I'M SORRY. SORRY. I SECOND VICE CHAIR CHAVIS TO THE TREE COMMITTEE. ALL RIGHT. WE HAVE A MOTION ON THE FLOOR TO RECOMMEND VICE CHAIR CHAVIS FOR APPOINTMENT TO THE TREE COMMITTEE BY COMMISSIONER TERRY AND SECOND BY COMMISSIONER STENSLAND. ALL IN FAVOR, RAISE YOUR HAND. ALL RIGHT. MOTION PASSES. APPRECIATE THE RECOMMENDATION FROM THE COMMISSION. AND YOU SUPPORTING THAT? DEFINITELY. I WILL BE COMING ON A REGULAR BASIS FOR COMMENTS, REPORTS, UPDATES AS WE NEED. ALL RIGHT. SO THAT IS THE END OF ALL OF OUR AGENDA ITEMS. MAKE A READY TO HEAR A MOTION FOR ADJOURNMENT. I MOVE WE ADJOURN THIS MEETING. SECOND.ALL RIGHT. SO WE HAVE A MOTION ON THE FLOOR BY COMMISSIONER STENSLAND. SECOND BY COMMISSIONER TERRY. IT IS
* This transcript was compiled from uncorrected Closed Captioning.