Oct 08, 2025 Planning and Zoning Commission

CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT

PUBLIC COMMENTS

PUBLIC HEARING

CONSENT AGENDA

REGULAR AGENDA

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[CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT]

[00:00:06]

TO ORDER THIS MEETING. WE HAVE A QUORUM PRESENT, AND WE ARE GATHERED HERE IN THE COUNCIL CHAMBERS AT 105 EAST EGGLESTON STREET IN MANER CITY, HERE IN THE CITY OF MANER. FIRST WE

[PUBLIC COMMENTS]

WILL GET ON TO THE PUBLIC SPEAKING. WE HAVE WHITE CARDS AND YELLOW CARDS IN THE BACK OF THE ROOM, OUT IN THE LOBBY. IF YOU'D LIKE TO SPEAK OR ARE REGISTERED TO SPEAK ON AN ITEM OR HERE IN SUPPORT OF AN ITEM, PLEASE FILL OUT ONE OF THOSE CARDS AND TURN IT IN TO STAFF HERE AT THE AT THE RIGHT OF THE DAIS. I WILL BEGIN WITH THIS NON-AGENDA ITEMS FOR PUBLIC COMMENTS ARE FOR THE WHITE CARD. COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON-AGENDA RELATED TOPICS FOR LENGTH OF TIME, NOT TO EXCEED THREE MINUTES PER PERSON. FOR AGENDA ITEM PUBLIC COMMENTS YOU FILL OUT THE YELLOW CARD AND 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 EXCEPT FOR 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 DISCUSSION MAY BE TAKEN DURING PUBLIC COMMENTS ON NON-AGENDA ITEMS TO ADDRESS THE COMMISSION. AS I MENTIONED, PLEASE FILL OUT THE FORM THERE AND WE WILL GO THERE. I WILL MOVE ON TO ITEM ONE, WHICH IS TO CONDUCT A PUBLIC HEARING ON AN AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH OR MUSTANG VALLEY BEING PUBLIC COMMENT. OH, PARDON. PARDON ME. I AM SO SORRY. I WILL I'M JUST CRUISING THROUGH. I WILL BEGIN WITH OUR WHITE CARDS. KRISTA SOVIET SWEAR I SWEAR. I'M SO SORRY. THANK YOU, MISS WEIRD. YOU HAVE THREE MINUTES. DO I SPEAK ABOUT ALL OF MY COMMENTS AT ONCE? YOU CAN SPEAK FOR UP TO FIVE MINUTES FOR YOUR COMMENTS ON. YES, BECAUSE YOU'RE ALSO SIGNED UP FOR. OKAY, SO THE CLOCK IS RUNNING. I'M GOING TO STOP IT AND START OVER. WE'RE NOT STARTING THE CLOCK YET, MISS.

WE'RE YOU'RE SWEAR YOU'RE SIGNED UP FOR THE TWO PUBLIC HEARING ITEMS, CORRECT? YES, PLEASE. WE WILL CALL YOU UP FOR THOSE TO SPEAK ON THOSE ITEMS AS THEY COME UP. AND YOU'LL HAVE TWO MINUTES AT THAT TIME TO SPEAK ON THOSE ITEMS. SO PLEASE KEEP YOUR COMMENTS ON THIS TO ANY ITEMS THAT ARE NOT CONNECTED TO A PUBLIC HEARING. SO MY NAME IS KRISTA. SWEAR I HAVE A PROPERTY ON 973. I AM SPEAKING TODAY ABOUT WATER QUALITY CONTROL. DURING A MEETING THAT I HAD IN SEPTEMBER OF 2024 WITH SCOTT DUNLOP, HE MENTIONED THAT WE DO NOT HAVE WATER QUALITY CONTROL IN THE CITY OF MAYNARD AND THEREFORE THE NEW DEVELOPMENTS GOING IN ONLY ARE REQUIRED TO HAVE DETENTION PONDS WHICH CATCH AND RELEASE WATER IMMEDIATELY. THEY DO NOT RETAIN WATER AS THEY DO IN TRAVIS COUNTY AND OTHER LOCAL CITIES. SO WHAT WE'RE SEEING IN THE CITY OF MAYNARD RIGHT NOW IS A MASSIVE AMOUNT OF WATER COMING OFF OF IMPERVIOUS COVER AND AFFECTING EVERYBODY DOWNSTREAM. EVERYONE. NOW, WHEN YOU HAD THE STORMWATER MEETING SEVERAL MONTHS AGO, THERE WERE OTHER RANCHERS HERE. IT'S ON RECORD AND THEY ARE ALL ALSO EXPERIENCING DOWNSTREAM FLOODING FROM THE IMPERVIOUS COVER, BECAUSE THE CITY OF MANER HAS NOT IMPLEMENTED WATER QUALITY CONTROL AND DEVELOPERS TO RETAIN THEIR WATER, IT IS IMPORTANT THAT YOU AS AN ORGANIZATION GET TOGETHER AND STEP UP TO 2025. YOU NEED WATER QUALITY CONTROL. YOU NEED TO HOLD THESE DEVELOPERS TO A HIGHER STANDARD. THERE ARE OTHER THINGS. SINCE WE'RE IN THE AUSTIN TRAVIS COUNTY AREA, THAT THESE DEVELOPERS CAN IMPLEMENT TO HELP SAVE WATER AND MAKE MANER A BETTER CITY.

THEY CAN DO RAINWATER COLLECTION AND RECYCLE THE WATER THAT COMES FROM THE SKY SO THAT THEY ARE NOT DRINKING BROWN WATER. I KNOW YOU GUYS ARE ON FACEBOOK AND YOU SEE IN THE MAYNARD COMMUNITY PAGES DAY AFTER DAY AFTER DAY, THESE FAMILIES ARE DRINKING BROWN WATER AND WASHING THEIR CLOTHES IN BROWN WATER, RUINING THEIR ITEMS. WE ARE TALKING ABOUT PEOPLE THAT ARE WORKING HARD TO PAY TO LIVE IN THIS CITY THAT HAS GONE THROUGH THE ROOF EXPENSIVE, AND NOW THEIR PERSONAL BELONGINGS ARE GETTING BROKEN. THEIR THEIR KITCHEN ITEMS, DISHWASHERS, EVERYTHING. BECAUSE WE DON'T HAVE THE FORESIGHT TO SAY, HEY GUYS, YOU'RE COMING IN WITH YOUR BILLION DOLLAR COMPANIES. LET'S INVEST IN THE CITY AND DO

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BETTER. THAT'S TWO MINUTES, 2.5 MINUTES. SO HOPEFULLY YOU DON'T DETECT THE LAST MINUTE FROM MY NEXT TALK. BUT I REALLY STRONGLY ADVISE THAT YOU GUYS DO BETTER FOR THE CITY. SCOTT, SINCE YOU'RE BACK, WATER QUALITY CONTROL NEEDS TO TO BE IN PLACE. IT'S UNACCEPTABLE.

THANK YOU, MISS WEIR. MR. BATTLE. YOU ARE SIGNED UP. OH, NO. I'M SO SORRY, MISS WARD.

STEPHANIE WARD, I WILL CALL YOU UP. YOU WERE SIGNED UP TO SPEAK ON NON-AGENDA ITEMS REGARDING WATER QUALITY CONTROL. INTRODUCE YOURSELF. OH MY GOSH. OKAY. OKAY. STEPHANIE ASKED IF I CAN SPEAK ON HER BEHALF. IT IS ALSO ABOUT WATER QUALITY CONTROL, BUT STEPHANIE HAS BEEN A LONG TERM RESIDENT OF THE CITY OF MAYNARD. SHE OWNS SUNCREST FARM ON SUNCREST ROAD.

ARE WE SAYING NO BECAUSE I CAN'T SPEAK ON HER BEHALF. STAND BY. IS SHE ALLOWED TO DONATE HER TIME TO ANOTHER SPEAKER? NO, WE DON'T HAVE THAT RULE IN THE CITY OF MANER. I CAN'T TALK TO HER. YOU NEED TO INTRODUCE YOURSELF AND TALK. STEPHANIE WARD. HI, STEPHANIE.

MISS WARD, CITY MANNERS RULES FOR PUBLIC COMMENT REQUIRE THAT THE PERSON WHO SIGNED UP TO SPEAK CANNOT DONATE THEIR TIME TO ANOTHER SPEAKER, SO YOU'LL HAVE TO PROVIDE YOUR COMMENTS IN YOUR THREE MINUTES. OKAY? OKAY, SO I LIVE ON SUNCREST ROAD AND I HAVE A NEW DEVELOPMENT NORTH OF ME ON TOWER ROAD THAT IS DUMPING WATER DOWN A DRY CREEK BED, AND THIS SUMMER, SINCE THE DROUGHT, WE HAVE A 30 FOOT SWATH OF GREEN GRASS GOING THROUGH MY PROPERTY, WHICH HAS NEVER BEEN THERE BEFORE, AND I'VE BEEN TALKING TO GLEN SEVERAL VISITS WITH HIM ABOUT WHERE THIS WATER IS COMING FROM AND WHY IT'S CONTINUING TO RUN AND WHERE DOES IT COME FROM. AND SO I'M WONDERING WHAT Y'ALL ARE GOING TO DO. LIKE, IS THIS THE NEW NORMAL TO HAVE A DRY CREEK OR A WET, WET WEATHER CREEK NOW OR WATERSHED NOW? A FULL, FULL BLOWN CREEK ALL YEAR ROUND? AND SO HOW LIKE AND THEN THE OTHER QUESTION IS WHERE'S THE WATER COMING FROM. THE THE DEVELOPMENT SAYS IT'S NOT THEIRS. IT'S COMING FROM UPSTREAM. SO SOMEBODY'S WASTING WATER AND AND IT'S IT'S A QUESTION TO WHAT WHERE DOES IT COME FROM. WHO'S WASTING IT AND WHERE IS IT GOING TO STOP. BECAUSE IT'S IT'S FLOODING MY PLACE TOO NOW. AND SO THIS DOESN'T HAVE ANYTHING TO DO WITH HER PROPERTY DOWN 973. BUT THE SUBDIVISION THAT OR THE DEVELOPMENT APARTMENT THAT'S GOING IN ON TOWER SEEMS TO BE STONEWATER AND TOWERS WATERSHED, BUT IT HASN'T RAINED IN MONTHS AND THERE'S WATER CONSTANTLY RUNNING THROUGH THERE. SO I'M JUST WONDERING ABOUT THAT. AND THEN THE OTHER COMPLAINT I HAVE IS ABOUT THE NEW GAS STATION THAT'S LIGHT SHINE 1000FT ACROSS THE FIELD. AND WHY CAN'T THEY TURN THEM DOWN AND LIKE, TILT THEM ONTO THEIR PROPERTY? WHY DO THEY HAVE TO, LIKE, SHINE IN MY BEDROOM WINDOW? AND SO WHAT? WHAT ARE THE RULES FOR LIGHTING AND AND WATERSHED FOR MAYNOR AS THE NEW DEVELOPMENTS COME INTO OUR NEIGHBORHOODS? THANK YOU. THANK YOU SO MUCH, MISS WARD. MR. BATTLE, I'LL CALL YOU UP. YOU HAVE A YELLOW CARD FILLED OUT TO SPEAK ON REGULAR AGENDA ITEMS NINE THROUGH 13. AND ITEM 16. YOU HAVE THREE MINUTES, SIR. JUST FOR THE RECORD, WHEN THE GAVEL GOES DOWN, NO MORE CARDS GET SUBMITTED. THAT'S THE END OF THE CARD SUBMISSIONS. OKAY, JUST FOR FUTURE REFERENCE, I'M SIGNED UP FOR A PUBLIC COMMENT AND THEN A WHOLE CRAP LOAD OF AGENDA ITEMS. SO THAT'S FIVE MINUTES AT THE START. AND A PUBLIC HEARING ITEM CLARIFICATION FROM LEGAL FIVE. MY APOLOGIES AND THANK YOU.

PUBLIC HEARING. AND THEN TWO MINUTES PER PUBLIC HEARING. YES. THANK YOU. ALL RIGHT. THE CLOCK IS RESET. YOUR TIME STARTS WHEN YOU SPEAK. THANK YOU. TODAY IS ACTUALLY A VERY HISTORIC DAY IN THE CITY OF MAINER, BECAUSE IT'S THE DAY THAT I SUBMITTED MY PETITION FOR A WRIT OF MANDAMUS TO THE 15TH CIRCUIT OF APPEALS. I'M GOING TO TRY TO SAVE OUR TOWN, WHICH IS THE JOB

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THAT YOU SHOULD BE DOING AMONG OTHER PEOPLE. I'M HAVING TO SAVE MAINER DOWNS NOW. I'M HAVING TO SAVE THE CEMETERY. THE 1906 MARTIN MCVEIGH CEMETERY. IN FACT, WE HAD A BRUTAL MURDER HERE OF OF DONALD MCVEIGH. RIGHT BY THE CEMETERY. HE SHOULD BE BURIED IN THE CEMETERY. HIS GREAT OR GREAT GRANDFATHER STARTED IN 1906. BUT YOU GUYS WANT TO PUT 95 TOWNHOMES ON TOP OF IT. HOW CAN YOU LOOK AT YOURSELF IN THE MIRROR AND PRETEND THAT THAT'S A RIGHTEOUS THING TO DO? THESE PEOPLE, THEY PAID 318,000 BUCKS FOR A COMPREHENSIVE PLAN. THIS IS WHAT THEY WANT TO PUT IN OUR HISTORIC CITY. THAT PLAN. I'M ASKING FOR THEM TO THROW THAT PLAN OUT. I'M ASKING THAT THEY THROW THE ELECTION OUT AND WE HAVE A NEW ELECTION. THOSE FOUR PEOPLE SHOULD NOT HAVE BEEN ELECTED. THEY DON'T GET TO CERTIFY THEMSELVES. AND IF YOU WOULD TELL ME WHEN THREE MINUTES ARE DONE. THAT MEANS THAT WE'VE BEEN OPERATING WITHOUT A LEGAL QUORUM SINCE THE ELECTION. THAT MEANS ALL OF THESE INTERMEDIATE APPROVALS AND STUFF THAT YOU'VE DONE COULD VERY WELL BE THROWN OUT ENTIRELY. THAT INCLUDES YOU GUYS TOTALLY GETTING BAMBOOZLED BY MAYNARD DOWNS. MANOR DOWNS. AUSTIN WAS GOING TO WORK WITH THEM, AND THEY WANTED MAYNARD DOWNS TO PAY THEM $4 MILLION WORTH OF IMPROVEMENTS, BUT INSTEAD THEY THOUGHT, HEY, LET'S GET THESE CHUMPS IN MAINER. INSTEAD OF US PAYING 4 MILLION, LET'S GET THEM TO PAY US 9 MILLION, AND THEN WE'LL BULLDOZE DOWN A STADIUM, AND WE'RE GOING TO TELL THEM THAT THIS IS AN AMPHITHEATER. DELFIN TELLS US THAT THIS IS AN AMPHITHEATER. THIS IS LIKE TIMMERMAN PARK STAGE IN A YARD. YOU ARE GIVING UP THE GREAT STUFF THAT WE HAVE THE GROCERY STORES ON THE DOCKET TONIGHT. HAVE YOU GUYS EVER TOLD THEM THAT IT'S PART OF A REVITALIZATION DISTRICT AND THEY CAN GET A DISCOUNT ON THEIR PERMITS? SCOTT SCOTT DUNLAP NEVER TOLD ANYBODY ABOUT THAT. AND THEN WHEN I ASKED HIM, HE SAID, WELL, NOBODY EVER ASKS ABOUT IT. THAT'S BECAUSE THEY NEVER TELL ANYONE. IT'S A HISTORIC DISTRICT AND IT'S A REVITALIZATION DISTRICT. YOU HAVE TO YOU HAVE TO BE SENSITIVE TO THE ARCHITECTURE. THAT MEANS WE DON'T DESTROY 104 TOWNS AND PUT IN FOUR TOWNHOMES.

IT'S UP TO YOU GUYS TO HELP US DETERMINE THE CHARACTER OF OUR CITY. THIS IS OLD MANOR. THIS IS THE ONLY INTERESTING THING WE'VE GOT. THE ETJ IS TEN SQUARE MILES. TEN SQUARE MILES.

THE DOWNTOWN NEEDS TO GO BY BOIS D'ARC STREET. THAT'S AN HOURGLASS SHAPE HALF BELOW 290 AND HALF ABOVE. THAT'S OUR DOWNTOWN, THE CENTER OF THE ETJ. IT'S NOT THIS SHRIMPY LITTLE LEXINGTON THAT YOU GUYS WANT TO CALL A COMMERCIAL CORRIDOR. NO, WE DON'T WANT 18 WHEELERS TRYING TO GET GAS AT MAINE OR GROCERY. IT'S JUST TOO DANG SMALL, THAT'S ALL. OUR FUNKINESS IS PART OF OUR CHARM. THAT METAL BUILDING, THAT'S WHO WE ARE. YOU THINK PEOPLE ARE GOING TO COME HERE TO SEE, YOU KNOW, CHIPOTLE? HEY, LET'S GO ACROSS TOWN AND GO TO CHICK FIL A. WHY ARE THEY GOING TO COME HERE FOR OUR LOCAL RESTAURANTS THAT YOU GUYS THINK ARE NATIONAL CHAINS? ALSO, TEN ACRES COMMERCIAL NEEDS TO PUT A PLAZA IN A PLAZA. IS FOUNTAINS SOMETHING EXTRAORDINARY A BELL TOWER. THAT'S WHAT WE WANT HEB TO PUT IN. THAT'S WHAT I'M SUING THEM TO DO. THOSE. THAT DEVELOPER STOLE $7 MILLION FROM US. $7 MILLION PLUS SEVEN YEARS.

WE SHOULD NOT BE PAYING THEM 20 YEARS OF OUR PROPERTY TAXES AND SALES TAXES. THEY'RE $300 BILLION COMPANIES, BUTLER FAMILIES, LIKE A HALF $1 BILLION COMPANIES. WHY ARE ALL THESE DEVELOPERS SO FREAKING GREEDY AND STINGY? THAT'S WHAT I'D LIKE TO KNOW. DO YOU REALIZE I'VE GIVEN MORE MONEY TO THE PARKS THAN ALL 30,000 PEOPLE IN MAINE ARE PUT TOGETHER, AND IT'S UNDER $1,500. SO DON'T TELL ME HOW BIG AND BRILLIANT AND WONDERFUL WE ARE.

YOU GUYS ARE TRYING TO WRITE OUT JAMES MAINER. I'M TRYING TO MAKE HIM COME BACK TO LIFE.

THANK YOU. THANK YOU, MR. BATTLE. MOVING ON TO ITEM ONE, WE WILL CONDUCT A PUBLIC

[PUBLIC HEARING]

HEARING ON AN AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH, ALSO KNOWN AS MUSTANG VALLEY. BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 259091 AND 259089 SUMNER BACON, SURVEY NUMBER 62 ABSTRACT NUMBER ABSTRACT 63, ALSO KNOWN AS

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15200 NORTH FM 973, IN MANOR, TEXAS. THE APPLICANT IS CARLSON BRIGANCE AND DURING INCORPORATED THE OWNER KB HOME, LONE STAR INCORPORATED. I HAVE ONE SPEAKER SIGNED UP ON THIS MISS SWEAR. AND MISS SWEAR YOU'LL HAVE TWO MINUTES WHEN YOU START. OKAY, I AM ASKING THAT THE AGENDA ITEM BE MOVED TO THE NEXT MEETING. I RECEIVED THE LETTER ABOUT THIS AGENDA ITEM ON 930 2025. THE FOLLOWING DAY, I EMAILED TO GET A COPY OF THE PLANS FOR AGENDA ITEM ONE AND TWO AND DID NOT RECEIVE THOSE ITEMS UNTIL THIS MORNING FOR ME TO REVIEW, WHICH DOES NOT GIVE ADEQUATE TIME FOR AN ENGINEER, A LAWYER, ANY TEAM MEMBER TO REVIEW THE DOCUMENTS.

NOW, IN THE PAST, WHEN I HAVE DONE ONE OF THESE REQUEST FORMS, I'VE GOTTEN THE INFORMATION WITHIN 24 HOURS, ESPECIALLY IF IT'S AN AGENDA ITEM. SO MY REQUEST IS THAT YOU ALL VOTE TO LOOK AT THIS AGAIN AT YOUR NEXT MEETING, SO THAT THE INFORMED PARTIES HAVE ENOUGH NOTICE TO REVIEW THE PLANS. SECONDLY, IN THE FEW MINUTES THAT I HAD BETWEEN MEETINGS AND TEACHING CLASSES THIS MORNING, I NOTICED THAT ON SOME OF THE PLANS THAT THEY SUBMITTED WERE PLAT PLANS.

THEY NOTE A STREAM ON MY PROPERTY. THERE IS NOT A STREAM ON THE PLAT ON MY PROPERTY.

THEY ARE SNEAKING THIS IN BECAUSE IT ATTACHES TO ONE OF THEIR DETENTION PONDS. THIS IS A PLAT MAP OF MY PROPERTY PRINTED IN 2019. THERE'S NO STREAM THERE, BUT WHEN YOU LOOK AT WHAT THEY PRODUCE, THEY SOMEHOW ARE ALLOWED TO MODIFY MY PROPERTY THAT I OWN. THIS NEEDS TO BE MOVED TO ANOTHER DATE. THERE'S IT'S UNACCEPTABLE. THE RESPONSE COULD HAVE BEEN MUCH QUICKER. I COULD HAVE GOTTEN THE PAPERWORK AND IT COULD HAVE BEEN REVIEWED LAST WEEK INSTEAD OF AT 10:00 THIS MORNING. ADDITIONALLY, THE CITY OF MANOR KNOWS THAT KB HOMES IS FLOODING WITH THEIR STAGE ONE DEVELOPMENT AND ALLOWING THEM TO MOVE FORWARD WITH STAGE TWO AND STAGE THREE. YOU'RE PART OF THE PROBLEM ALSO. THANK YOU, MISS WARE. COMMISSION THAT IS ALL OF THE SPEAKERS WE HAVE SIGNED UP ON ITEM ONE. STAFF, DO YOU WANT TO PROVIDE A SUMMARY OR WEIGHT TO THE BUSINESS ITEM? I CAN PROVIDE A SUMMARY NOW IF THAT'S PREFERABLE. YES, THIS CONCEPT PLAN AMENDMENT CAME AFTER AN INITIAL REQUEST TO AMEND THE PRELIMINARY PLAT. THE CHANGES WERE SUBSTANTIAL ENOUGH THAT IT ALTERED SOME OF THE LOT LINES, SO BOTH DOCUMENTS HAD TO BE CORRECTED FOR ACCURACY. COMMISSIONERS, DO YOU HAVE ANY QUESTIONS OF STAFF? FOR THOSE LOT LINE ADJUSTMENTS WITHIN THE PARCELS OWNED BY THE APPLICANT? YES. THANK YOU. I'LL ENTERTAIN A MOTION.

I MOVE THAT WE CLOSE PUBLIC COMMENTS ON AGENDA ITEM ONE. HAVE A MOTION FROM COMMISSIONER NEELY. DO I HAVE A SECOND? I'LL SECOND. SECOND. FROM COMMISSIONER ROBERT, ANY DISCUSSION TO THE MOTION, ANY DISCUSSION? HEARING NONE. ALL IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSED? MOTION PASSES FOUR ZERO. THAT THE PUBLIC HEARING IS CLOSED. ITEM TWO CONDUCT A PUBLIC HEARING ON AN AMENDED SUBDIVISION PRELIMINARY PLAT FOR HOLLY SMITH, ALSO KNOWN AS MUSTANG VALLEY, BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 259091 AND 259089 SUMNER BACON, SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15200 NORTH FM 973, IN MAYNARD, TEXAS. APPLICANT IS CARLSON. BRIGANCE AND DOERING INCORPORATED. THE OWNER IS KB HOME, LONE STAR INCORPORATED. STAFF. I HAVE ONE PERSON SIGNED UP TO SPEAK ON THIS ITEM. MISS HOYER, YOU HAVE TWO MINUTES TO SPEAK ON THIS ITEM. SO AGAIN, I

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ASK THAT THIS BE MOVED TO THE NEXT MEETING BECAUSE OF THE LACK OF TIME GIVEN TO REVIEW THESE CHANGES. ADDITIONALLY, THEY ADDED ABOUT 25 HOMES TO THIS DEVELOPMENT AND IT'S UNSURE IF THEY HAVE ALSO MADE MODIFICATIONS TO CONTROL THE WATER WITH THOSE ADDITIONAL HOMES IN IMPERVIOUS COVER. SO I THINK IT'S ONLY FAIR TO MOVE THESE AGENDA ITEMS TO YOUR NEXT MEETING. KB HOMES HAS INCREASED THE WATER FLOW ON MY PROPERTY, WHICH BREAKS THE TEXAS WATER CODE 11.086, WHICH PROHIBITS THE DIVERSION OR IMPOUNDMENT OF NATURAL FLOW OF SURFACE WATER IN THE STATE, WHICH GRANTS PRIVATE LANDOWNERS THE RIGHT TO SEEK LEGAL REMEDIES, INCLUDING DAMAGES AND INJUNCTIONS, IF SUCH ACTIONS CAUSE DAMAGE TO THEIR PROPERTY FROM WATER OVERFLOW, WHICH IS WHAT KB HOMES IS DOING TO ME. THIS SECTION PROVIDES RESOURCES FOR LANDOWNERS WHO PROPERTY IS INJURED BY THE NEIGHBOR'S UNLAWFUL ALTERATION OF NATURAL SURFACE WATER FLOW, AND EVEN THE CITY OF AUSTIN PRODUCES A YOUTUBE VIDEO THAT SHOWS HOW LAND DEVELOPMENT CREATES IMPERVIOUS COVER AND HOW THAT AFFECTS WATER FLOW. AND SO THE DETENTION PONDS, SINCE WE DO NOT HAVE RETENTION PONDS, JUST COLLECT WATER FROM 136 ACRES AND DUMP IT ON MY PROPERTY, WHICH HAS MADE IT LOOK LIKE A RIP ROARING RAPID WHERE THIS GUY WAS CROSSING THE RIVER HERE TO ASSESS THE WATER FLOW, AND IS DENYING THAT IT ALMOST KNOCKED HIM OVER. SO WHAT I AM ASKING IS THAT SINCE THE CITY OF MANER CAN'T PRODUCE THESE DOCUMENTS FAST ENOUGH FOR ME TO REVIEW WITH MY TEAM, THAT YOU MOVE THIS TO THE NEXT MEETING, AND ALSO FOR FUTURE REFERENCE, YOU GUYS THINK ABOUT WHAT YOU'RE DOING WITH WATER QUALITY CONTROL. AND AGAIN, I DO NOT AGREE. ANY PLAT MAP THAT MODIFIES MY PROPERTY, I DON'T KNOW HOW THEY CAN LEGALLY SNEAK THAT IN THERE, BUT I DO NOT HAVE A STREAM ON MY PLAT MAP AND THEIRS HAS ONE ON MY PROPERTY. THANK YOU, MISS WARE. AND THOSE IN THE GALLERY.

PLEASE BE AWARE THERE ARE ALSO TWO BUSINESS ITEMS RELATED TO THIS. LATER ON IN THE AGENDA.

THAT IS ALL THE SPEAKERS. I HAVE SIGNED UP FOR THIS AGENDA ITEM FOR THE PUBLIC HEARING ON ITEM TWO. STAFF A BRIEF SUMMARY. YES, THIS IS THE IS SORRY. THIS IS THE PRELIMINARY PLAT THAT IS RELATED TO THE CONCEPT PLAN AMENDMENT THAT JUST HAD ITS PUBLIC HEARING. THERE IS AN INCREASE IN THE NUMBER OF LOTS. THERE IS A ROADWAY CONNECTION THAT THEY WERE ABLE TO ADD THE RECONFIGURATION OF THOSE LOTS, WHICH IS WHAT ALSO ALLOWED FOR THE INCREASE IN THE NUMBER OF RESIDENTIAL SPACES. AND THEN IT ALSO SHIFTED THE PHASE LINE FOR THE DEVELOPMENT, WHICH IS WHAT SPURRED THE AMENDMENT FOR BOTH THE CONCEPT PLAN AND THE PLAT. ALL RIGHT. STANDBY. I'LL ASK YOU QUESTIONS ON THE BUSINESS ITEM SIX AND SEVEN. COMMISSIONERS. ANY QUESTIONS OF STAFF? I'LL ENTERTAIN A MOTION ON ITEM TWO. MOVE TO CLOSE PUBLIC HEARING ON ITEM TWO. I HAVE A MOTION BY COMMISSIONER OBERT TO CLOSE THE PUBLIC HEARING ON ITEM TWO. DO I HAVE A SECOND? I'LL SECOND. I HAVE A SECOND. BY COMMISSIONER NILA, ANY DISCUSSION TO THE MOTION? DISCUSSION? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION CARRIES FOUR ZERO.

THANK YOU. ITEM THREE. CONDUCT A PUBLIC HEARING ON A SPECIFIC USE PERMIT FOR 10,000FT■!S IN MEDICAL OFFICE SPACE. BEING GENERALLY LOCATED NEAR THE EASTERN CORNER OF OR AS SOME WOULD SAY, BOIS D'ARC, AND THE NORTH AND NORTH OF US TWO NINE. HIGHWAY 290, ALSO REFERRED TO AS 13400 EAST US HIGHWAY 290, IN MANOR, TEXAS. THE APPLICANT AND OWNER IS ADVANTAGE CONSTRUCTION LLC. MR. BATTLE, YOU ARE SIGNED UP TO SPEAK ON THIS ITEM. YOU HAVE TWO MINUTES, SIR. THANK YOU SIR. MY NAME IS ROBERT BATTLE. COMMISSIONERS. THIS MEDICAL OFFICE IS SOMETHING WE DO NEED. WHAT I WANT TO DO IS ASK A COUPLE QUESTIONS. AND IN MY CONCEPT OF A PUBLIC HEARING, THE PUBLIC ALSO GETS TO HEAR SOME ANSWERS. AND SINCE THE DEVELOPERS ARE HERE, THAT'S THE WHOLE POINT. THEY'RE LIKE KIND OF LITTLE MINI TOWN HALLS. SO I THINK THIS IS KIND OF THE AREA WHERE WE WANT OUR DOWNTOWN TO BE. IT'S CENTRAL TO THE WHOLE ETJ

[00:25:01]

THAT GOES ALL THE WAY TO ELGIN, TEN SQUARE MILES. SO MY FIRST QUESTION WOULD BE, I KNOW HOW ANXIOUS OUR DEVELOPMENT TEAM IS TO GIVE AWAY MONEY. HAVE WE GIVEN AWAY ANY CHAPTER 380 OR SIMILAR FUNDS TO THIS MEDICAL CENTER? THAT WOULD BE THE QUESTION I WOULD LIKE TO KNOW FROM THESE DEVELOPERS, AND HOW LONG IT IS AND HOW MUCH IT IS, AND OTHERWISE I'M ALL FOR IT AS FAR AS I KNOW. THANK YOU, MISS BATTLE. THAT IS ALL THE SPEAKERS I HAVE SIGNED UP ON.

ITEM THREE STAFF. YES, THIS ITEM IS MAKING A RETURN REQUEST AS IT HAS BEEN HERE ONCE BEFORE.

THERE WAS A MISCONCEPTION OF WHETHER OR NOT IT WAS SALES TAX ELIGIBLE, WHICH WE HAVE LEARNED.

IT'S NOT SINCE IT WAS ANNEXED AFTER 2013, WHICH IS THE REASON THE REQUEST WAS MADE TO BRING THIS ITEM BACK BEFORE THE COMMISSION AND ULTIMATELY THE COUNCIL. HAS THERE BEEN ANY CHANGES FROM WHEN IT WAS HERE LAST JUNE, JULY? ARE YOU REGARDING LIKE LOT LAYOUTS AND THINGS OF THAT NATURE? NO, SIR. THE. IT APPEARS THAT IT'S THE SAME. LAYOUT AND THAT WAS PRESENTED BEFORE SHOWING THE BUILDING ENCROACHING ON THE EASEMENTS AND A PART OF THE PARKING OFF SITE. YES, SIR. THAT IS CORRECT. AND WITH THIS, THIS ISN'T BY ANY MEANS AN APPROVAL OR A GREEN LIGHT FOR THE SITE AS PRESENTED. IT'S JUST THE INTENT FOR THE SPECIFIC USE PERMIT. WE'LL BE SURE TO MAINTAIN THE INTEGRITY OF ANY EASEMENTS OR NECESSARY INFRASTRUCTURE THAT THEY'D BE BUILDING CLOSE TO AND AS A PART AS A RELATES TO THE OFF SITE PARKING, THERE'S AN ADDITIONAL PHASE OF DEVELOPMENT THAT'S SUPPOSED TO GO ON TO THE EAST OF IT. THIS DRAWING IS JUST CONCEPTUALIZING WHAT ALL MAY BE THERE, AS THEY WOULD ULTIMATELY BE SHARING PARKING. BUT TO CLARIFY, STAFF, THERE IS NO SUBSTANTIAL DIFFERENCE TO THIS APPLICATION FOR AN SUV THAN THERE WAS WHEN IT CAME BEFORE US IN JULY 2025. CORRECT. ALL RIGHT. I'LL ENTERTAIN A MOTION ON ITEM TWO. PARDON ME. ITEM THREE. I'LL MOVE TO CLOSE THE PUBLIC HEARING ON THIS ITEM. I HAVE A MOTION BY COMMISSIONER MEYER. DO I HAVE A SECOND? I'LL SECOND. SECOND BY COMMISSIONER NILA, ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? COMMISSIONERS, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THE MOTION PASSES FOUR ZERO. ALL RIGHT. WE ARE MOVING ON TO THE FOURTH AND FINAL PUBLIC HEARING. ITEM FOUR.

CONDUCT A PUBLIC HEARING ON A SUBDIVISION PRELIMINARY PLAT FOR CHATEAU GLEN. PHASE THREE, SECTIONS THREE THROUGH EIGHT BEING 681. LOTS ON 247.03 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 2480 2954 7346 8045 3780 453581 5596. IT ALSO KNOWN AS 14611 FUCHS GROVE ROAD IN MANOR, TEXAS. THE APPLICANT IS KATY CIVIL, THE OWNER OF MERITAGE HOMES OF TEXAS LLC.

MR. BATTLE, YOU ARE SIGNED UP TO SPEAK ON THIS ITEM AND YOU WILL HAVE TWO MINUTES ONCE YOU START SPEAKING. THANK YOU SIR, MY NAME IS ROBERT BATTLE MANDY. CAN I SEE THE LAYOUT OF THIS? AND I'M ESPECIALLY WANTING TO SEE WHERE THE PARKS ARE GOING TO GO. THIS IS 680 SOME ODD LOTS. THEY KNOW US WHAT 18 ACRES OF PARKLAND? PARKLAND IS ONE WORD WHEN I SAY IT LIKE THIS. THAT'S WHERE WE HAVE, YOU KNOW, TENNIS COURTS, BASEBALL DIAMONDS. CAN WE ASK THE DEVELOPER TO POINT OUT THE PARKS HERE, OR DOES IT SAY ON HERE SOMEWHERE, HOW MUCH IN IN LIEU PARK FEES THEY ARE SPENDING? SHADOW GLEN'S GIVEN US SEVERAL HUNDRED THOUSAND DOLLARS OF PARK FEES, AND THEY NEED TO GIVE US MAYBE ANOTHER 500,000 WITH THIS PHASE THREE.

AND WE NEED SOME PARKLAND. THEY'RE SUPPOSED TO BE PUT IN ANOTHER 2 OR 3 MILES OF TRAILS OVER THERE IN OUR SECRET PARK, WHICH I CALL HOWDY WAY TRAIL. WE HAVE A 200 ACRE PARK OVER THERE. THEY'VE KEPT SECRET FOR ABOUT 25 YEARS. THEY LIKE NEIGHBORHOOD PARKS. THEY DON'T WANT US TO COME USE THEIR PARKS. BUT THAT'S NOT HOW IT WORKS. WE LET YOU HAVE THIS LAND. YOU GOT

[00:30:03]

TO GIVE US SOME PARKLAND. ONE WORD. PARKLAND, NOT PARK LAND. THAT'S A WHOLE DIFFERENT THING.

SO MY QUESTION WOULD BE, HOW MUCH IN PARK LAND, ACRES AND HOW MUCH IN IN LIEU PARK FEES IF THEY'RE NOT GOING TO GIVE US THE LAND. AND ONCE THE SCHEDULE TO PUT IN THE REST OF THESE TRAILS AND THE REST OF SOME PARKING FOR THOSE TRAILS, IT'S NO GOOD TO HAVE TRAILS ALL OVER IF NO ONE CAN GET TO THEM EXCEPT THE PEOPLE THAT LIVE THERE. THANK YOU. THANK YOU, MR. BATTLE. THAT IS ALL THE SPEAKERS I HAVE SIGNED UP ON ITEM FOUR. STAFF, WRITE A SUMMARY AGAIN. YES, WE ACTUALLY HAD THE APPLICANT REACH OUT TO US EARLIER TODAY. THEY'RE REQUESTING WE LEAVE THE PUBLIC HEARING FOR THIS ITEM OPEN AND POSTPONE THE REGULAR ITEM, WHICH WOULD BE ITEM NINE, UNTIL THE NEXT PNC MEETING IN NOVEMBER. ALL RIGHT.

COMMISSIONERS, ANY DISCUSSION TO THE STAFF COMMENTS. NOT. I'LL ENTERTAIN A MOTION. I'LL MOVE THAT WE CLOSE THE PUBLIC HEARING ON THIS ITEM. I HAVE A MOTION BY COMMISSIONER MEYER TO CLOSE THE PUBLIC HEARING. DO I HAVE A SECOND POINT OF INQUIRY? FIRST OF ALL, IT WOULD BE TO LEAVE THE PUBLIC HEARING OPEN. THAT WAY, THE NEXT TIME THIS ITEM COMES BACK, THE PUBLIC HEARING IS STILL AVAILABLE FOR COMMENTS OR CONCERNS, AND THEN THE REGULAR ITEM WOULD BE POSTPONED. SO IT HAS TO BE AMENDED TO LEAVING IT OPEN. YES, THERE IS NO MOTION YET TO OR THERE'S A MOTION ON THE FLOOR, BUT IT HAS NOT BEEN SECONDED SO IT CANNOT BE AMENDED YET. DO I HAVE A SECOND TO THE MOTION? IF NOT, IT'LL FAIL. HAVE A SECOND TO THE MOTION. HEARING NONE.

THAT MOTION FAILS. I'LL ENTERTAIN A MOTION ON ITEM FOUR. I MOVE THAT WE LEAVE AGENDA ITEM FOUR OPEN. I HAVE A MOTION BY COMMISSIONER NILA TO KEEP THE PUBLIC HEARING ON ITEM FOUR OPEN. DO I HAVE A SECOND TO THAT MOTION? I'LL SECOND. I HAVE A SECOND BY COMMISSIONER ROBERT. ANY DISCUSSION ON THE MOTION? ANY QUESTIONS ON THE MOTION? HEARING NONE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES 4 TO 0. THIS MOTION, THIS PUBLIC HEARING WILL REMAIN OPEN TO THE NEXT MEETING. PARDON ME. I'M GOING TO TAKE SOME NOTES. ME AND FOUR WEEKS WILL SAVE. I THINK MYSELF FOR THIS. ALL RIGHTY. MOVING ON TO

[CONSENT AGENDA]

OUR CONSENT AGENDA. ALL OF THE FOLLOWING ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY THE PLANNING AND ZONING COMMISSION, AND WILL BE ENACTED WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS UNLESS REQUESTED BY THE CHAIR OR COMMISSIONER, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ON TODAY'S CONSENT AGENDA IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION TO APPROVE THE MINUTES FOR THE SEPTEMBER 10TH, 2025 PLANNING AND ZONING COMMISSION REGULAR SESSION COMMISSIONERS, THAT IS IN YOUR PACKET AND I'LL ENTERTAIN A MOTION WHEN YOU ARE READY. I'LL MAKE A MOTION TO APPROVE THE MINUTES FOR SEPTEMBER 10TH. I HAVE A MOTION BY COMMISSIONER MEYER. DO I HAVE A SECOND, A SECOND, SECOND BY COMMISSIONER NILA. ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THE MOTION PASSES FOUR ZERO. THANK YOU. ALRIGHTY. ONTO OUR REGULAR

[REGULAR AGENDA]

[00:35:01]

THAT MOTION PASSES 4 TO 0. THANK YOU. RETURNING BACK TO THE BEGINNING OF THE REGULAR AGENDA, CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON THE SUBMISSION OF AN AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH OR MUSTANG VALLEY BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 259091 AND 259089 SUMNER BACON, SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15200 NORTH FM 973, IN MAYNARD, TEXAS. THE APPLICANT IS CARLSON, AND I'M GOING TO PRONOUNCE THAT FOUR DIFFERENT WAYS TONIGHT CARLSON, BRIGANCE. AND DURING INCORPORATED. THE OWNER IS KB HOME. LONE STAR INCORPORATED STAFF, CAN YOU PLEASE EXPLAIN A LITTLE BIT MORE IN DETAIL ABOUT THE THE THE CHANGE ON THIS PLAT AND THE THE LOT LINE MOVING THE CONCEPT PLAN? PARDON ME. YES. WE'RE TALKING ABOUT THE CONCEPT PLAN. YES. SO THE CONCEPT PLAN, WHILE THE CHANGES AREN'T AS SIGNIFICANT FOR IT, THE AGAIN THE PRELIMINARY PLAT WAS ALTERED. SO THERE WERE MORE LOTS, THE PHASE LINE SHIFTED AND ADDITIONAL ROADWAY WAS INCLUDED WITH THAT PLAN. SO AS PER ORDINANCE, WHENEVER SUBSTANTIAL CHANGES LIKE THAT ARE MADE, IT HAS TO BE UNIFORMLY INDICATED ACROSS THE SUBDIVISION DOCUMENTS. OKAY.

COMMISSIONERS, DO YOU HAVE ANY QUESTIONS ON THIS ITEM? THE SPEAKER IN THE PUBLIC HEARING HAD RECOMMENDED. POSTPONING ACTION ON THIS TO THE NEXT MEETING. DO YOU WANT TO? WE DO HAVE BOTH CITY STAFFS ENGINEER AS WELL AS THE APPLICANT ENGINEER AVAILABLE FOR QUESTIONS TO ANSWER ANY INQUIRIES THAT MAY BE HAD. OKAY. CAN WE I GUESS I'D LIKE TO HEAR FROM THE APPLICANT FIRST. AND THEN I HAVE A SIMILAR QUESTION FOR STAFF. DO WE HAVE ANYBODY TO ADDRESS THE SOME OF THE WATER CONCERNS ON SITE AND HOW THOSE ARE BEING DEALT WITH? GOOD EVENING SIR. CAN YOU PLEASE IDENTIFY YOURSELF AND THEN YOU CAN RESPOND? THANK YOU.

YES, I'M JOHN, I'M THE VICE PRESIDENT OF LAND FOR KB HOME. SO. DRAINAGE IS, YOU KNOW, A BIG CONCERN FOR ANY, ANY NEW DEVELOPMENT. AND WE'VE WORKED VERY HARD WITH CITY STAFF.

DEVELOPING THE SUBDIVISION, MAKING SURE THAT IT'S IT'S DESIGNED PER CODE. EVEN AFTER WE BUILT PHASE ONE OF THE SUBDIVISION, IT WAS REQUESTED THAT WE DO AS BUILT DRAWINGS AND AND AND RE VERIFY THAT THE DRAINAGE STUDY WAS DONE CORRECTLY. THAT WAS DONE AS BUILT, SURVEYS WERE DONE, DRAINAGE STUDIES WERE RESUBMITTED TO THE CITY. THE CITY REVIEWED ALL THOSE PLANS AND FOUND THAT THERE WAS NO ACTION NEEDED, THAT WE HAD DONE IT CORRECTLY. UNFORTUNATELY, THE ISSUE, AND I DON'T KNOW IF YOU'RE AND I DON'T HAVE EXTRA COPIES OF THIS, IS THIS IS EFFECTIVELY WHERE OUR OUR I'VE GOT THAT IN THE RIGHT ORIENTATION FOR YOU. THIS IS THIS IS OUR PROPERTY. AND THE BIG BLUE LINE HERE IS THE SEWER PROPERTY, WHICH IS FEMA'S FLOODPLAIN. AND SO THE STREAM THAT WAS DISCUSSED BY MRS. SWOR IS ACTUALLY FEMA FLOODPLAIN. THAT'S NOT ESTABLISHED BY ME. IT'S BY ESTABLISHED BY FEMA.

AND WE ARE DISCHARGING OUR STORMWATER DIRECTLY INTO THE FEMA FLOODPLAIN. AND THE FEMA FLOODPLAIN CROSSES HER PROPERTY BEFORE IT GOES DOWN INTO THE STREAM AND INTO THE CREEK THAT GOES THROUGH THE BRIDGE ON 973. SO HOPEFULLY THAT KIND OF HELP HELPS EXPLAIN. DO YOU MIND SHOWING JUST FOR FOR THE GALLERY, JUST THE THE MAP THAT YOU'RE SHOWING AND WE CAN I HAVE A QUESTION THAT I MAY NEED TO GET MISS GRAY'S RESPONSE ON, BUT I WANTED TO ASK YOU THIS IS AN ATLAS 14 BASED FLOODPLAIN MAP, CORRECT? YES. SORRY. YOU HAVE A WHOLE BUNCH OF NERDS UP HERE, SO BE READY, OKAY. YES. THANK YOU. I'M. I'M THE ENGINEER FOR THE PROJECT. AND, YES, WE HAD TO DESIGN TWO ATLAS 14 FOR THE 225 AND 100 YEAR STORM. OKAY. WHEN WAS DOES ANYONE REMEMBER WHEN THE ATLAS? I'M ALMOST A NERD. IT WAS ATLAS 14, ADOPTED. IT WAS ADOPTED

[00:40:03]

AROUND. I THINK IT WAS 2019. ROUGHLY FOR MOST JURISDICTIONS STARTED TO GO THAT WAY. YEAH, PARTICULARLY THE CITY OF AUSTIN DID. BUT YEAH. YEAH. AND THEN THE MAPS WERE UPDATED THROUGH ARCGIS. AND THERE ARE OTHER THE OTHER PLATFORMS OVER TIME, FEMA IS NOT HAD NOT ADOPTED UNTIL I BELIEVE THIS YEAR. OKAY. IF I MAY REQUEST IT. PARDON ME. COULD YOU SPEAK DIRECTLY TO THE MICROPHONE? SORRY. CAN PICK UP YOUR VOICE. YOU HAD TO PULL A LITTLE LINDA TRIPP HERE. SAY IT INTO THE FLOUR. YEAH. SO FEMA DIDN'T ADOPT IT UNTIL THIS YEAR. BUT MOST PEOPLE HAVE BEEN DESIGNING AROUND ATLAS 14 FOR THEIR FLOODPLAIN DESIGN. HOWEVER, I'M NOT TOUCHING THE FLOODPLAIN WITH THE DESIGN. I'M PROVIDING DETENTION THAT CHOKES THE, FLOWS BACK TO, OR ATTENUATES THE FLOWS BACK TO THE EXISTING CONDITIONS. SO IT IS ATLAS 14 AND IT'S IT'S REDUCING THE FLOWS OR BRINGING THE FLOWS BACK TO EXISTING CONDITIONS. SO THANK YOU SO MUCH. DO YOU MIND SAYING YOUR NAME ONE MORE TIME? MY NAME IS LEE WHITED. I'M WITH KAHLENBERG ENGINEERING. I'M THE CIVIL ENGINEER FOR THE PROJECT. OKAY. AND DO YOU HAVE A CARD ON FILE WITH HER OR WITH US? IF YOU. I'LL ASK YOU TO FILL IT OUT AFTER WE'RE DONE HERE. ALL RIGHT. I'M GOOD WITH MY QUESTIONS. THANK YOU. YEAH. I DON'T NEED ANYTHING FROM MISS GRAY. I BELIEVE COMMISSIONER AUBRY WAS THE ONE WHO HAD QUESTIONS. YEAH, I THINK I THINK THAT ALL MAKE SENSE. I WAS GOING TO ASK STAFF MAYBE TO FOLLOW UP WITH THAT, AND MAYBE CONFIRM THAT. NO PLATS THAT ARE NOT THIS SITE WE'RE LOOKING AT HAVE BEEN CHANGED SORT OF AS PART OF THIS PROCESS OR OR IMPACTED OR IMPACTED. RIGHT. PAULINE. WOULD THAT BE YOU? ALL RIGHT. SORRY, PAULINE GRAY, A CITY ENGINEER. YES. I CAN CONFIRM WE REVIEWED THE ORIGINAL PRELIMINARY PLAT AND THE CONCEPT PLAN EVERYTHING. AND THAT'S NEVER CHANGED. AND IT IS FEMA FLOODPLAIN. YOU CAN GO ON FEMA'S WEBSITE AND GET IT. AND THAT'S HOW AND WE MAKE THEM PUT THAT ON THERE AND WE REVIEW THEIR CALCULATIONS AND EVERYTHING. SO YES, I CAN CONFIRM THAT WHAT'S BEING SHOWN IS WHAT IS IF YOU GO TO THE FEMA WEBSITE, YOU CAN FIND IT.

SO THEY'RE NOT MODIFYING ANYTHING. SO LIKE I SAID, I'D LIKE TO TAKE A LOOK AT HER PLAT TO SEE BECAUSE IT COULD BE I DON'T KNOW WHAT KIND OF PLAT IT IS. IT COULD BE LIKE AN ALTA SURVEY. AND SOME OF THOSE PLATS DON'T NECESSARILY SHOW FLOODPLAIN. OKAY. AND CAN YOU TALK US THROUGH HOW THE MOVE TO ATLAS 14 MIGHT HAVE CHANGED THOSE LINES THAT WE'RE SEEING ON THE MAP THAT THE GENTLEMAN SHARED RIGHT NOW? THE FLOODPLAIN MAP SHOW WHAT FEMA FLOODPLAIN MAPS SHOW. THE MAPS HAVE NOT BEEN UPDATED. TYPICALLY, WHAT THEY SHOW IS OKAY, THIS IS WHAT FEMA IS, BUT THIS IS WHAT THE ATLAS 14. SO AND I CAN'T THAT SHOULD BE ON THE PLAN. I THINK THE FLOODPLAIN ITSELF IS SHOWN ON THE PLAN AT THE FEMA FLOOD.

RIGHT. AND THAT'S WHAT'S REQUIRED BY CITY ORDINANCE. IT CLEARLY STATES THE 100 YEAR FEMA FLOODPLAIN IS WHAT NEEDS TO BE SHOWN ON THESE PLANS. HOWEVER, BECAUSE IT'S BEEN ADOPTED AND ENACTED BY FEMA WITHIN THE LAST SINCE 20, SINCE 2019, I CAN SAY AS SOON AS THE CITY OF AUSTIN ADOPTED ATLAS 14, THAT IS WHEN MANER ADOPTED IT. BECAUSE MANER FOLLOWS THE CITY OF AUSTIN DRAINAGE CRITERIA. YEAH. AND LIKE I SAID, IT WILL ADJUST, YOU KNOW, THE FLOODPLAIN AND THERE WILL BE SOME ISSUES IN SOME PARTS OF THE CITY, STUFF THAT WAS NOT ORIGINALLY FLOODPLAIN WILL NOW BE IN THE FLOODPLAIN ONCE IT GETS ADOPTED. PRE-ADOPTION ADOPTED. YES. CAN YOU CAN YOU HELP FOR ME? MY KNOWLEDGE, I'M I'M MR. I'M NOT THINKING IN A MACRO LEVEL NECESSARILY, BUT I KNOW AT A MICRO LEVEL LIKE I CAN'T GO AND PAVE MY BACKYARD WITHOUT CAPTURING THE IMPACTS OF THAT. I CAN'T FLOOD MY NEIGHBOR. CAN YOU TALK A LITTLE BIT ABOUT THE DIVERSION OR THE OR THE DETENTION ASPECT OF OF DIVERTING OR DIVERTING FLOWS OR DRIVING, FUNNELING? I WHATEVER YOU WANT TO SAY, DRIVING FLOWS TOWARD THE EXISTING FLOODPLAIN.

BUT BUT LIKE IS THAT THAT'S IT SOUNDS LIKE IT'S PERMITTED. ALLOWED. IT'S ALLOWED IN THIS CASE. BUT SO IT IS ALLOWED PER THE CITY OF AUSTIN DRAINAGE CRITERIA MANUAL, WHEN ANYTHING GETS DEVELOPED, YOU HAVE TO DO A PRE DEVELOPED FLOW AND DO THE CALCULATIONS FOR US LEAVING THE SITE IN A POST DEVELOP AND THEY'RE REQUIRED TO DESIGN THEIR STRUCTURES, THEIR PONDS, WHATEVER TO SLOW IT DOWN TO WHERE IT DOES NOT INCREASE. IF IT INCREASES OFF THEIR SITE THEN THE PLAN WON'T GET APPROVED. THEY HAVE IT HAS TO BE LOWER OR IT HAS TO BE EQUAL TO OR LESS THAN WHAT THE NON DEVELOPED FLOWS WERE. AND SO WE REVIEW THEIR DESIGNS AND THEIR NUMBERS ALL SHOW THAT IT WAS LESS THAN WHAT WAS ORIGINALLY GOING THROUGH THERE. OKAY. SO

[00:45:04]

IT'S CAPTURING. YES. THERE'S ADDITIONAL ON SITE CAPTURE HAPPENING. YEAH. THE DETENTION PONDS WORK. THEY DON'T HOLD THE WATER BUT THEY THEY ARE DESIGNED TO RELEASE THE WATER TO WHERE IT'S NOT. ALL THE FLOWS AREN'T RELEASED ALL AT ONCE. THEY'LL CATCH IT AND AND THEN TRICKLE IT. THERE'S WEIRS AND OTHER STUFF THAT LIMIT THE FLOW COMING OUT. NOW, IF IT IS A BIG STORM, THEN THEY DO HAVE OVERFLOWS AND THOSE ARE LIKE EMERGENCY ONES. BUT THAT WOULD BE THE 100 YEAR STORM OR HIGHER. THANK YOU. SO THIS IS MY CONVERSATION AT 7 A.M.

YESTERDAY SHOWING UP AT PRESIDENTIAL MEADOWS FOR AN ENTRANCE, EMPTY AREA, STORM DETENTION. SO YES, THANK YOU. COMMISSIONERS, ANY OTHER QUESTIONS OF STAFF OR EACH OTHER? I REALLY QUESTION CAN YOU POINT OUT ON THE SCREEN THE AREA THAT WE'RE REFERRING TO, ARE YOU REFERRING TO THE THE LOCATION OF THE POND OR. YEAH, THE SPEAKER'S PROPERTY AND THE STREAM THAT SHE WAS REFERRING TO. OKAY. SO THIS IS HER PROPERTY. SHE REFERRING TO.

WHERE'S NORTH. OH, NORTH IS NORTH IS TO THE RIGHT CORNER. OH. OH IT'S A TOUCHABLE OR. NO IT'S A YEAH. TRY NOT TO TOUCH THE SCREEN. IT'LL MOVE THE FLOODPLAIN RIGHT HERE. OUR POND IS LOCATED RIGHT HERE FOR THIS DEVELOPMENT WHICH IS OUTSIDE OF THE REQUIREMENT. SO WE'RE NOT WE'RE NOT MESSING WITH CHEMOTHERAPY AT ALL. WHEN WE PUT OUR ATTENTION ON HERE. WE ALSO HAVE ANOTHER DETENTION POND GOING HERE IN PHASE TWO. AND ALL BOTH OF THOSE WILL REDUCE FLOWS DOWN TO EXISTING CONDITIONS FOR THE DEVELOPMENT PROPERTIES. HERE YOU CAN SEE THE FLOODPLAIN COMES THROUGH THIS LOCATION RIGHT HERE AND GOES DOWN TO CULVERTS CROSSING.

SHE ALSO HAS A LARGE REMAINS COMING THROUGH HERE. THANK YOU SIR. ANYBODY HERE THAT.

MICROPHONE. SORRY. YEAH. WELL RECORDING DEVICES HERE YOU KNOW. SHE'S GOT IT RIGHT ON HER DESK THERE. THAT IS NOT. HERE. YEAH. TO SUMMARIZE WHAT HE HAD SAID AS HE WAS DRAWING ON THE MAP.

SO TO GO BACK, THE FIRST PART I WAS POINTING OUT IS THAT OUR DETENTION POND IS LOCATED UPSTREAM OF THE FLOODPLAIN, WHICH IS UPSTREAM OF HER PROPERTY, WHICH IS THE L YOU SEE ON THE ON THE ACTUAL SCREEN, THE THE FLOODPLAIN COMES ACROSS AND THEN GOES TO THE SOUTH TO THE CULVERTS ACROSS. 973 AND SHE ALSO HAS ON HER L SHE HAS A LARGE SWATH OF THE FLOODPLAIN COMING THROUGH THAT ALSO GOES TO THE SAME LOCATION. IT CROSSES OVER THROUGH THERE. SO YOU CAN SEE THE TWO COMBINATION OF THE FLOODPLAIN AND THE BLUE LINES. AND THAT HAS A DOUBLE PARALLEL LINE THAT GOES FROM THE TOP RIGHT DOWN TOWARD BEHIND THE LEGEND, AND THEN DOWN TOWARD THE BASE OF THE LEGEND. ON THE BOTTOM LEFT OF THE LEGEND. OKAY. THANK YOU SIR.

AND IT'S THE DOUBLE LINE THAT SHE'S SAYING THAT DOESN'T EXIST. THAT WAS NOT THAT DOES NOT, WAS NOT MARKED ON HER MAPS ANYWAY. YEAH. FROM WHAT I UNDERSTOOD FROM HER STATEMENTS, PAGE FIVE, PAGE SEVEN AND PAGE TEN OF THE HOLLY SMITH REVISED PRELIMINARY PLAN, WHICH IS NOT THIS DOCUMENT. OKAY, BUT THAT'S THE FLOW LINE. THANK YOU. THIS IS WHY I ASKED THE LAST WEEK BECAUSE. PARDON? NO CHANCE TO RESPOND HERE I, I HAVE WE HAVE TO ASK. WE'D HAVE TO ASK YOU A QUESTION. IF SHE'S REFERRING TO THE CENTER LINE OF THE CREEK, THAT'S PROBABLY A USGS LINE THAT SHOWS UP ON FLOODPLAINS. ALL RIGHT. THANK YOU. COMMISSIONERS. ANY OTHER QUESTIONS? YES. LOOKING AT THE MAP HERE. RIGHT AROUND 13 WITH CIRCLE. WITH THE CIRCLE 13 IS IS A LINE THAT GOES SLOPING DOWN FROM RIGHT TO LEFT, RIGHT BY RIGHT WHERE THE VERTICAL LINE IS, WHERE YOUR PROPERTY IS AT. THERE'S A CIRCLE NEAR THAT LINE THAT'S GOING OR. THAT'S RIGHT. CUTTING THROUGH THE THE LINE THAT'S GOING IN A DOWNWARD SLOPE. IF YOU'RE GOING FROM 13, IF NOT, IF YOU'RE GOING UPWARDS IN AN UPWARD SLOPE UP TO NUMBER 13, THERE'S A CIRCLE RIGHT BY THE PROPERTY LINE. IS THAT A POND RIGHT THERE. THAT'S A POWER LINE. THOSE ARE NATURAL PONDS. YES, SIR. THOSE ARE NATURAL PONDS THAT EXIST. WELL, NOT NATURAL, BUT MAN MADE COW PONDS, BASICALLY. UNDERNEATH THE POWER LINE THAT GOES FROM ACROSS. YEAH, YEAH. BECAUSE THE WAY IT'S WRITTEN IS JUST IS I'M ASSUMING THAT'S ONE OF THE DETENTION PONDS THAT YOU HAVE THERE. THAT'S RIGHT BY THE PROPERTY. THOSE ARE NOT DETENTION PONDS THAT WE DID.

THE ONES THAT ARE ON THE PROPERTY FOR KB HOME. THERE ARE A COUPLE OF THEM THAT WERE KIND

[00:50:01]

OF PRESERVED, BUT I THINK ONE OF THEM WASN'T ABLE TO BE PRESERVED, BUT THE OTHER TWO WERE PRESERVED IN THE PROCESS. SO. COMMISSIONERS, DO YOU HAVE ANY OTHER QUESTIONS ABOUT THIS? THIS IS NON-DISCRETIONARY ITEM. I'D LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL THE NEXT MEETING. I HAVE A MOTION BY COMMISSIONER MEYER TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. DOES MR. POINT OF INQUIRY. DOES MR. MEYER NEED TO PROVIDE A REASON FOR THE POSTPONEMENT? YES HE DOES. THIS IS NOT A DISCRETIONARY ITEM. PLEASE PROVIDE A RATIONALE TO GIVE THE SPEAKER TEAM TIME TO REVIEW IT. DO YOU MEAN MISSUS SWEAR SHE WASN'T THE SPEAKER? YES, MISTER. SWEAR? YEAH. WOULD HE HAVE TO RESTATE THAT IN A CLEAR MOTION, OR IS THAT ACCEPTABLE? COUNSEL, DO YOU WANT TO PROVIDE GUIDANCE BEFORE WE PROCEED? GOOD EVENING.

PLANNING COMMISSION MEMBERS VERONICA RIVERA, ASSISTANT CITY ATTORNEY. THIS IS A NON-DISCRETIONARY ITEM, AND IF YOU ARE POSTPONING THE ITEM, YOU DO NEED TO PROVIDE THE REASON WHY THE POSTPONEMENT IS TAKING PLACE. AND IT HAS TO BE WITH REGARD TO ENGINEERING REPORT THAT YOU RECEIVED. IF THERE IS SOMETHING THAT'S LACKING BECAUSE POSTPONEMENT WILL CAUSE THIS TO BE APPROVED, IF THERE'S IF THERE IS A TIME, A TIME LIMIT OR A CLOCK RUNNING ON A CLOCK. EXACTLY. THIS IS THE PER STATE STATUTE. WE HAVE A SHOT CLOCK, BUT I'M NOT SURE WHETHER THEY'RE FOLLOWING THE SHOT CLOCK. AGAIN, CITY STAFF CAN PROVIDE THAT INFORMATION ON WHETHER THEY'RE FOLLOWING THIS SPECIFIC STATE STATUTE TIMELINE OR IF THEY'RE DOING AN ALTERNATIVE REVIEW TIMELINE. COUNSEL FOR YOUR AWARENESS. THIS WE RECEIVED PAULINE GRAY PROVIDED HER LETTER OF CONFORMANCE ON SEPTEMBER 16TH OF 2025. IF THAT DETERMINES WHEN THE SHOT CLOCK STARTED, THIS ITEM IS ACTUALLY UNDER IT SAYS WHAT TYPE OF REVIEW IT IS.

IT'S CONCURRENT, SO IT WOULDN'T BE THE STANDARD SHOT CLOCK. THIS ALLOWS ALL OF THEIR ITEMS TO BE REVIEWED CONCURRENTLY. THEY JUST HAVE TO BE APPROVED IN SEQUENCE OKAY. YES, IT WOULD BE CONSIDERED AN ALTERNATIVE TIMELINE. OKAY. I'M NOT REALLY SURE AS TO HOW TO TO STATE THIS IN A WAY THAT MAKES APPROVAL, BUT. THE MOTION IS TO. DO TO THE LIMITED TIME THAT MISS SCHWEERS TEAM HAD TO REVIEW IT TO GIVE MORE TIME FOR THAT TO HAPPEN AGAIN. COMMISSIONER, I UNDERSTAND WHAT YOUR MOTION IS. HOWEVER, THE MOTION NEEDS TO BE RELATED TO THE ENGINEER'S REPORT. IS THERE SOMETHING LACKING IN THE ENGINEER'S REPORT BECAUSE THE ENGINEER IS STATING THAT IT IS READY TO BE APPROVED, AND SO POSTPONEMENT MAY CAUSE IT TO GET APPROVED ANYWAY, AS IS WITHOUT ANY TYPE OF ENGINEERING AND PROVISION REQUIREMENTS. I DON'T KNOW WHETHER THERE ARE ANY ADDITIONAL REQUIREMENTS THAT THE CITY ENGINEER PROVIDED IN THEIR REPORT. AND AGAIN, Y'ALL, CITY STAFF CAN PROVIDE WHAT THE DEADLINE IS AND IF THE ITEM CAN BE POSTPONED. I'M JUST GOING OFF OF STATE STAFF. DO YOU HAVE AN ENGINEERING REPORT TO ACCOMPANY THE CONFORMANCE LETTER? THAT'S IN THE BACKUP? THE LETTER ESSENTIALLY ENGINEERING COMPLIANCE THAT HAS BEEN REVIEWED AND APPROVED AS BEING WITHIN CONFORMANCE OF CITY CODE. YES. BUT. HOW DO YOU KNOW? SHOULD THE ENGINEERING CONCURRENCE LETTER ESSENTIALLY STATES THAT THE PLAN AS PRESENTED IS IN IT FALLS IN LINE WITH OUR ORDINANCE. IT'S COMPLIANT, MEANING THAT THE PLANS DRAWN ARE APPROVED PER ORDINANCE. I WITHDRAW MY MOTION.

I HAVE A MOTION WITHDRAWN BY MR. MEYER TO POSTPONE. THE FLOOR IS OPEN FOR A MOTION. I

[00:55:09]

MOVE THAT WE APPROVE. AGENDA ITEM NUMBER SIX. I HAVE A MOTION BY COMMISSIONER NEELEY TO APPROVE ITEM SIX. DO I HAVE A SECOND? I'LL SECOND. I HAVE A SECOND. BY COMMISSIONER OBERT, DO YOU HAVE ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED? MOTION PASSES ON A VOTE OF 3 TO 1 WITH COMMISSIONER MEYER AGAINST. ALL RIGHT. THANK YOU SO MUCH. ITEM SEVEN IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON AN AMENDED SUBDIVISION PRELIMINARY PLAT FOR HOLLY SMITH, ALSO KNOWN AS MUSTANG VALLEY, BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 259091 AND 259089 SUMNER BACON VALLEY. PARDON ME. SUMNER BACON, SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15200 NORTH FM 973, IN MANOR, TEXAS. THE APPLICANT IS CARLSON BRIGANCE AND DURING INCORPORATED THE OWNERS KB HOME. LONE STAR INCORPORATED. COMMISSIONERS. THIS IS RELATED TO ITEM SIX AND THIS IS ALSO NON-DISCRETIONARY STAFF. YES, THIS IS THE PRELIMINARY PLAT THAT IS BEING AMENDED TO ACCOUNT FOR THE RECONFIGURATION OF THEIR ROADWAYS WITHIN THE SUBDIVISION. THE ADDITIONAL LOTS THAT WERE CREATED FROM IT, AS WELL AS THE SHIFTING OF PHASE LINES. ANY QUESTIONS COMMISSIONERS. WILL ENTERTAIN A MOTION ON ITEM SEVEN. I MOVE THAT WE APPROVE AGENDA ITEM NUMBER SEVEN. I HAVE A MOTION BY COMMISSIONER NILA TO APPROVE ITEM SEVEN. DO I HAVE A SECOND? LAST CALL FOR A SECOND ON ITEM SEVEN? I'LL SECOND. I HAVE A SECOND BY COMMISSIONER OBERT. ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL THOSE OPPOSED. THE MOTION PASSES FOUR ZERO. ITEM NUMBER EIGHT IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SPECIFIC USE PERMIT FOR 10,000FT■!S IN MEDICAL OFFICE SPACE, BEING GENERALLY LOCATED NEAR THE EASTERN CORNER OF BRADDOCK OR BOYS OR HOWEVER YOU WANT TO SAY IT, AND THE NORTH ALSO NORTH OF US HIGHWAY 290, ALSO REFERRED TO AS THE 13400 US EAST. US 290. PARDON ME, I'M HAVING A MOMENT TONIGHT. EAST US HIGHWAY 290, IN MANOR, TEXAS. THE APPLICANT AND OWNER IS ADVANTAGE CONSTRUCTION LLC.

STAFF. YES. THIS ITEM WAS HEARD BY THE PLANNING AND ZONING COMMISSION PRIOR WITH THE INCORRECT INFORMATION THAT THIS WAS A SALES TAX APPLICABLE PROPERTY, WHICH IT IS NOT, AS IT WAS ANNEXED AFTER 2013. THE OWNER AND DEVELOPER HAS MADE THE REQUEST AGAIN TO TRY TO ACHIEVE THE SPECIFIC USE PERMIT FOR MEDICAL OFFICE ON THIS SITE. AFTER COORDINATION NEGOTIATIONS PERTAINING TO ANNEXATION OF ADDITIONAL PROPERTY INTO THE CITY LIMITS, AS WELL AS ACCESS EASEMENTS TO CITY INFRASTRUCTURE THAT WE'VE JUST BEEN TRYING TO NEGOTIATE WITH THEM, AS WELL AS A FEW OTHER RELATED PROPERTY OWNERS. AND MR. BAKER BACK. BACKA. OH, IT'S A BACK. THANK YOU. MR. BACA IS HERE TO ANSWER QUESTIONS. IF WE HAVE THEM, I DO. MR. BRIAN BACA.

ARE THERE OTHER USES. ARE THERE OTHER CONSTRAINTS ON THIS PROPERTY THAT WOULD PREVENT IT FROM PROVIDING OTHER USES WITHIN YOUR ZONING CATEGORY? THERE ARE OTHER USES THAT COULD BE MADE THERE, BUT BECAUSE OF THE SIZE OF THE PROPERTY, CAN WE BRING UP THE SITE PLAN OR THE CONCEPT SITE PLAN? IS THIS PARCEL SHARING STORAGE ON IT ALSO, OR IS THIS A SEPARATE LOT? IT WON'T BE OKAY. SO IF THE SUP IS APPROVED, THEN THERE WOULD BE A REPLAT AND THE PROPERTY WOULD BE SPLIT. OKAY, THAT THAT AREA THAT YOU SEE DOWN THROUGH THERE, YOU'VE GOT GAS LINES, PUBLIC UTILITIES, BUT THAT IS ALSO A VERY LARGE DRAINAGE EASEMENT GOING THROUGH THERE.

THAT'S COMING FROM THE DEVELOPMENT TO THE NORTH. SO IT IS ESSENTIALLY COMPLETELY SEPARATED FROM THE OTHER SIDE. THE OTHER SIDE WILL ONLY BE ACCESSIBLE FROM BOARDWALK, AND

[01:00:02]

THIS ONE WILL ONLY BE ACCESSIBLE FROM 290 AND NOT EVEN ON ITS OWN LOT. IT'S GOING TO BE ACCESSIBLE BY THE LOT NEXT DOOR. IF YOU CAN SEE WHERE THE DRIVEWAY IS, JUST TO THE DRIVEWAY OFF OF 290. YES, TO TO THE NORTHEAST. OKAY. AND THAT THAT'S THROUGH AN AGREEMENT WITH THAT PROPERTY OWNER TO SHARE THAT THAT THE THE PARKING OF COURSE, THIS WILL ALL GET WORKED OUT IN THE SITE PLAN, BUT THE PARKING AT THIS MOMENT IS INTENDED THAT THAT WOULD BE JUST FOR THAT USE AND THAT THAT OWNER IS GOING TO USE THAT DRIVEWAY AS A SECONDARY ENTRANCE INTO THE REST OF HIS DEVELOPMENT. SO TO ANSWER YOUR QUESTION, THERE ARE, YOU KNOW, OBVIOUSLY THERE ARE OTHER POTENTIAL USES. THE THE THE OWNER HAS HAD THIS PROPERTY OUT ON THE MARKET FOR A LONG TIME LOOKING FOR USES TO SELL, TO LEASE, YOU KNOW, LAND LEASE, WHATEVER. AND WHAT THEY KEEP GETTING OVER AND OVER AGAIN IS MEDICAL OFFICE USE. THEY'VE THEY'VE LOOKED AT THERE WAS A DISCUSSION AT ONE POINT WITH AN AUTO BODY CENTER, BUT THERE'S JUST NOT ENOUGH ROOM THERE BECAUSE THEY DON'T HAVE PLACE TO STACK CARS. AND, YOU KNOW, IN THE BACK, OH GOODNESS, PLEASE DON'T STACK CARS NEXT TO MY. WELL, YEAH. AND THAT WOULD ALSO REQUIRE AN SUV. BUT THE IDEA, YOU KNOW, WITH WITH AN AUTO BODY SHOP, YOU'D HAVE TO HAVE A LARGE YARD IN THE BACK THAT'S FENCED OFF. YOU KNOW, WHERE THEY WHERE THEY HAVE THE CARS THAT ARE KEPT THAT ARE BEING WORKED ON. SO BASICALLY THIS IN RETAIL WOULD BE ABOUT THE ONLY THING, BUT THEY HAVE HAD ZERO REQUESTS FOR RETAIL, OKAY. AND THEY'VE HAD MULTIPLE REQUESTS FOR MEDICAL OFFICE AT THE LAST CITY COUNCIL MEETING WHEN THIS WAS BROUGHT UP FOR DISCUSSION, IT WAS KIND OF REITERATED EVEN BY, YOU KNOW, SOME DIFFERENT PEOPLE ON STAFF AND BY CITY COUNCIL, THAT THAT THEY'VE ALSO RECOGNIZED THE NEED FOR MEDICAL OFFICE, THAT THERE'S JUST NOT, YOU KNOW, AVAILABILITY CURRENTLY JUST NORTH. THIS MAP IS KIND OF ESOTERIC FOR MOST OF US TO UNDERSTAND. THE JUST NORTH OF YOUR POLYGON, THE DARK BLACK POLYGON IS THE PRESIDENTIAL GLEN NEIGHBORHOOD. CORRECT? THAT IS, THAT'S THE YELLOW JUST NORTH OF THE ALL THE LOTS THERE. AND IN THAT TRIANGLE, THAT'S A VERY LARGE DETENTION AREA. YEAH.

THAT FROM FROM THAT NEIGHBORHOOD. YEAH. TO CAPTURE THAT RUNOFF FROM. YEAH. ALL THE THROUGH THAT DRAINAGE EASEMENT. YEAH. AND THEN THAT THE THE ON THIS ON THIS MAP HERE, THE PARKING LOT THAT WE SAW THAT WAS PARALLEL TO YOUR PROPERTY LINE, THE, THE DARK BOX. YES.

IS RIGHT THERE ON THE RIGHT HAND SIDE. AND THE OTHER PINK ZONE. THE OTHER COMMERCIAL ZONE.

CORRECT. CORRECT. OKAY. YES. AND THAT DRIVEWAY VEERS OFF TO THE LEFT BECAUSE IT NEEDS TO.

OTHERWISE IT HITS THE BACKYARD. CORRECT. ESSENTIALLY, ESSENTIALLY WHAT WE'RE LOOKING AT IS THAT THAT DRIVEWAY FOR THAT OTHER THAT THAT SECONDARY ACCESS. THAT IS CORRECT. YES.

IT WOULD STILL BE ACCESSING AT THE END OF THE DAY TO 90 AT SOME POINT. ESSENTIALLY, IT WOULD BE AN EXTRA WAY IN OR OUT. THAT IS CORRECT. OKAY. YES. AND I DON'T YOU KNOW, I DON'T KNOW A WHOLE LOT ABOUT WHAT THE OWNER, YOU KNOW, THEIR INTENTIONS ARE. I KNOW THEY'RE KIND OF IN THE SAME BOAT. THEY'RE LOOKING FOR USES TO PUT ON THAT. AND THEY WILL HAVE ONE ACCESS. THIS WOULD BE THEIR SECOND ACCESS. AND ARE YOU IN ANY KIND OF DO YOU NEED AN ENCROACHMENT AGREEMENT FOR THAT OR ANY KIND OF LIKE SHARED USE A SHARED ACCESS. YEAH. ACCESS AGREEMENT ALL ALL THE ONLY THING THAT'S GOING TO BE SHARED. THERE'S A STRIP IT'S GOING TO BE ABOUT I THINK IT'S 60FT WIDE. THE PARKING IS NOT SHARED, BUT THE DRIVEWAY IS OKAY. OH IS THAT OKAY. SO THAT'LL BE YOUR YOU'LL BE ABLE TO UTILIZE THAT FOR YOUR PROPERTY. THAT IS EVEN THOUGH IT'S HE'S PAYING OFF THE PROPERTY. YES. YEAH. AND THEN YOU CAN SEE THE DRIVEWAY THAT IS RUNNING PARALLEL TO 290. THAT'S GOING OVER TO THE LIFT STATION. YES. THAT'S CURRENTLY IN SOME FORM OF AN AGREEMENT WITH THE CITY. YES. TO PROVIDE ACCESS TO THAT LIFT STATION. I HEARD THAT AT THE COUNCIL MEETING. SO THAT SO WITH, WITH ALL THE THINGS THAT ARE GOING ON THERE, IT REALLY RESTRICTS THE PROPERTY USAGE. AND SO, YOU KNOW, JUST LOOKING FOR A USE THAT'S GOING TO BENEFIT THE COMMUNITY BENEFIT, YOU KNOW, THE PEOPLE AROUND AND YOU KNOW, WORK FOR WHOEVER THE END USER IS RIGHT NOW. THAT'S THAT'S THE MEDICAL OFFICE SPACE SEEMS TO BE THE BEST AND HIGHEST USE. DO YOU HAVE QUESTIONS, MR. BACA? YEAH. GO THE THE PARKING AREA TO THE EAST OF THE BUILDING WOULD REMAIN WITH THE ADJACENT PROPERTY OWNER. WELL, IT WILL BE AN IMPROVEMENT ON THE ADJACENT PROPERTY, BUT BY AGREEMENT IT WILL BE DESIGNATED SO THAT THE DRIVEWAY IS CROSSED OR SHARED ACCESS AND THAT THE PARKING AREAS ARE PARKING JUST

[01:05:03]

FOR THAT BUILDING. WE'LL THESE AGREEMENTS WITH THIS ADJACENT ADJACENT PROPERTY OWNER BE INCLUDED WITH THE SUV, NOT WITH THE SUV. THEY WOULD BE INCLUDED WITH A SITE PLAN THAT WOULD THAT WOULD BE REQUIRED BY ENGINEERING OR TO APPROVE THE THE PARKING BECAUSE THAT IS A REQUIREMENT. THE SUP SPEAKS SPECIFICALLY TO ALLOWING THAT TYPE OF USE. IT DOES NOT SOLIDIFY EXACT LAYOUTS OR THINGS OF THAT NATURE. IT'S JUST THE REQUEST TO BE ABLE TO APPLY FOR THE USE. ANY AGREEMENTS AND THINGS OF THAT NATURE THAT ARE TIED TO IT COME WITHIN THE PROCESS AS WE GO THROUGH PERMITTING. YEAH, THERE ARE A LOT OF LAYOUT DETAILS THAT WILL HAVE TO BE FINALIZED IF THAT'S APPROVED. THANK YOU. OKAY. MR. BURRELL, TRAFFIC COUNTS FOR A LOOKING AT THIS PROPERTY AND UNDERSTANDING THAT THERE ARE PROBABLY SOME SIGNIFICANT IN AND OUT CONSTRAINTS OF THIS. SO I'M ASSUMING, BASED ON THE TESTIMONY OF MR. BACA AND JUST KIND OF LOGICALLY THINKING OF USES WITHIN THIS CATEGORY.

MEDICAL OFFICE IS A RELATIVELY LOW VOLUME. TRAFFIC ITEM, ESSENTIALLY. THIS NEEDS TO THIS PROPERTY DOESN'T REALLY SUPPORT A HIGH VOLUME TURNOVER TYPE PROPERTY BECAUSE OF ITS ITS CONSTRAINTS. IS THAT A FAIR ASSESSMENT OF THIS PROPERTY? OKAY. IS IS DOES THAT INFLUENCE STAFF'S RECOMMENDATION ON THIS BEYOND THE PROPERTY TAX ARGUMENT OR SALES TAX ARGUMENT? SORRY. SO. THAT AS WELL AS THE ADDITIONAL LAND, THE ACCESS TO IT, OUR CURRENT LIFT STATION, BUT THE ACTUAL SITE CONSTRAINTS THEMSELVES ARE ALSO VERY HIGHLY CONSIDERED WHEN LOOKING AT THE USE FOR THIS PROPERTY, SIMPLY BECAUSE THERE ARE IT'S ESSENTIALLY CUT INTO A TRIANGLE TO MEET THE PARKING REQUIREMENTS OF A MORE INTENSE USE WOULD ESSENTIALLY REDUCE THE ACTUAL FOOTPRINT OF YOUR BUILDING. YEAH, CONSTRAINING THE ACTUAL UTILIZATION OF YOUR YOUR FLOOR SPACE. YEAH. WHICH IT WOULD TURN INTO LIKE A DRIVE THROUGH SALAD PLACE, LIKE YOU WOULD MAKE THE BUILDING SMALLER. SO THEN YOU'D HAVE LESS PARKING, BUT THEN YOU'D STILL HAVE THE SAME ISSUE WHERE YOU CANNOT SUPPORT THE VOLUME OF TRAFFIC THAT YOU'D BE TRYING TO ACHIEVE.

ADDITIONALLY, WITHOUT THIS PLAN, DOES THE CITY CURRENTLY HAVE ACCESS, DIRECT ACCESS TO ITS LIFT STATION? THERE'S AN UNIMPROVED DIRT PATH THAT IS NOT ALWAYS THE MOST ACCESSIBLE.

AND WHERE DOES THAT DIRT PATH GO RIGHT NOW, FROM OR THROUGH? IT JUST COMES OFF TO 90 AND THEY DRIVE UP TO IT. BUT IF THERE'S AN EXISTING DRIVEWAY CULVERT, YOU CAN SEE IT JUST TO THE LEFT OF THE PROPOSED DRIVEWAY. AND THAT'S WHAT THEY'RE USING TO CROSS THE DITCH. AND THEN THEY'RE TURNING TO GO INTO THE. SO TECHNICALLY WE'RE WAVING HI. THAT'S CORRECT.

AND TRAMPLING YOUR BLUE BONNETS. YES OKAY. YOUR BLUE BONNETS. OH YEAH. YEAH. THAT'S VERY NICE.

ALL RIGHT. THANK YOU, STAFF. AND THANK YOU. THANK YOU, MR. PARKER. ANY OTHER QUESTIONS FROM COMMISSIONERS? I WILL ENTERTAIN A MOTION ON ITEM EIGHT. O, I BELIEVE THERE WAS ALSO A QUESTION ABOUT WHETHER OR NOT A 380 HAD BEEN PLACED O THIS. THERE WAS A I'M SO SORRY.

YES. THERE WAS A QUESTION ON WHETHER OR NOT A 380 HAD BEEN ENTERED. I CALL IT MR. JONES, OR YOU CAN CERTAINLY CALL HIM MR. JONES. THAT'S MR. JONES. WOULD YOU LIKE TO SPEAK ON THE RECORD ON ANY CHAPTER 380 AGREEMENTS OR OTHER INCENTIVES FOR THIS PROPERTY? I'M ASSUMING THE ANSWER IS NO. OH, HE'S ASKING IF THERE'S ANY 380 ON THE PROPERTY. MY, AS FAR AS I'M AWARE, THERE'S NOT ANY. BUT IF YOU COULD SPEAK FURTHER TO THAT. SORRY. THE SPEAKERS IN THIS ROOM ARE NOT SORRY, I DIDN'T HEAR. IS THERE ANYONE ON THE PROPERTY? ARE THERE ANY CHAPTER 380 AGREEMENTS? NO, THERE ARE CONTRACT FOR THIS PROPERTY. THANK YOU SIR. ALL RIGHT COMMISSIONERS, ARE THERE ANY OTHER QUESTIONS ON THIS ITEM? IF NOT, I WILL ENTERTAIN A MOTION ON ITEM EIGHT. I'LL MOVE THAT. WE APPROVE AGENDA ITEM NUMBER EIGHT. I HAVE A MOTION TO APPROVE ITEM AGENDA, ITEM NUMBER EIGHT. DO I HAVE A SECOND? THAT'S MR. MEYER. I'LL SECOND A SECOND BY MR. ABBOTT. ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES FOUR ZERO. COME BACK AND YOU'LL NEVER KNOW WHAT YOU MIGHT GET FROM US. THANK YOU. SIR. ALL RIGHT. ITEM NINE. I BELIEVE

[01:10:03]

THAT I. OH, I'M SO SORRY. ITEM NINE HAS BEEN POSTPONED. I'M LIKE I HAVE WRITING ON IT ALREADY. ITEM TEN CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SPECIFIC USE PERMIT FOR ONE LOT ON 0.2376 ACRES, MORE OR LESS. AND BEING TCAD PARCEL 238889, ALSO KNOWN AS ONE 100 AND 102 EAST PARSON STREET IN MANOR, TEXAS. THE APPLICANT IS CHRISTIAN GARCIA. THE OWNER IS MACIEL INCORPORATED. I WILL STATE FOR THE RECORD. MR. GARCIA IS NOT THE OWNER OF THE PROPERTY. CORRECT. I JUST WANTED TO MAKE SURE THERE'S CLARIFICATION HERE. HE'S SPEAKING ON BEHALF OF THE OWNER. YES, CORRECT. THERE SEEMS TO BE CONFUSION SOMETIMES. SO. STAFF, DO YOU HAVE ANY QUESTIONS ON THIS SPECIFIC USE PERMIT? I, I HAVE A QUESTION. DID WE WE LEFT THIS PENDING BEFORE CORRECT. YES. THERE WAS A POSTPONEMENT AFTER TO TO GET A CORRECT GRIP ON WHAT THE COUNCIL'S DECISION WOULD BE FOR ZONING. THE WHAT WAS WHAT WAS THE COMMISSION'S VOTE ON ZONING? THE PLANNING AND ZONING COMMISSION VOTED DENIAL OR TO RECOMMEND DENIAL.

OKAY. AND SINCE THEN THIS ITEM WAS BROUGHT TO THE COUNCIL AND THEY APPROVED THE FIRST READING WITH THE INTENT OF HEARING BOTH THE SECOND READING AND THE SPECIFIC USE PERMIT AT THE NEXT AVAILABLE COUNCIL MEETING. COMMISSIONERS, DO YOU HAVE QUESTIONS? I WILL STATE BEFORE WE GET TOO FAR ALONG THAT CHRISTIAN DID PROVIDE AN ADDITIONAL PRESENTATION WITH SOME NUMBERS AND TRAFFIC COUNTS, THINGS OF THAT NATURE. IT'S A PRINTOUT IN YOUR BACKUP THAT WE SLID IN THERE, NOT IN THE THE WHEN YOU SPLIT IT IN. IT'S VERY COLORFUL. I BELIEVE IT'S JUST TO THE RIGHT. OH, I'M SO SORRY. THANK YOU. MR. GARCIA, DO YOU MIND WALKING US THROUGH YOUR.

PRESENTATION? DO I DO I MIND IF I OR AM I ALLOWED TO ASK HIM IF HE CAN JUST WALK US THROUGH THIS BRIEFLY? I'LL GIVE YOU TWO MINUTES, BECAUSE I'M THAT KIND OF GUY. HELLO. GOOD EVENING. MY NAME IS CHRISTIAN GARCIA. AS YOU GUYS STATED ABOUT 2 OR 3 WEEKS AGO, I DID HAVE A MEETING WITH COUNCIL. THEIR BIGGEST THING WAS ABOUT TRAFFIC WISE SEEING GET A MORE ANALYSIS OF LIKE, WHAT'S THE TRAFFIC IN THAT INTERSECTION? SO I'VE BEEN WORKING WITH TECH STOCKS A LOT RIGHT NOW, AND THEY ACTUALLY JUST APPROVED OUR A DRIVEWAY OPENING ON LEXINGTON. SO WITHIN THE NEXT FEW DAYS WE'RE GOING TO GET WITH TECH STOCKS AND SEE WHAT'S THE AS FAR AS WHAT'S THE DIMENSIONS WHEN THE IN AND OUT FROM LEXINGTON DRIVE. SO THIS WAS PRETTY MUCH PRIOR TO THEM ANSWERING BECAUSE I DIDN'T THINK THEY WERE GOING TO ANSWER. BUT THEY ACTUALLY WE GOT WE GOT THE ANSWER TODAY FROM FROM TECH STOCKS. THIS IS WHAT THE CONSOLE PRETTY MUCH NEEDED FOR THE NEXT MEETING, WHICH I THINK IS NEXT WEDNESDAY, THAT I'M GOING TO MEET WITH THEM.

TRAFFIC IN THAT INTERSECTION IS NORMALLY AROUND 7 TO 8. AND THEN IN THE EVENING WHEN EVERYBODY GETS OFF OF WORK, THE THING THAT IS REALLY BOTHERING PEOPLE IS THAT GAS STATION CANOPY IN THE CORNER, THAT WHENEVER YOU WANT TO MAKE A LEFT TURN OR COMING A RIGHT TURN, IT, IT JUST IT'S JUST IN THE WAY IN THE VIEW OF, OF EVERYTHING. AND THEN WE ALSO HAVE TALKED TO COUNCIL ABOUT THE, THE ALLEYWAY AND THEY'RE OKAY WITH, YOU KNOW, BRINGING THAT ALLEY LIKE BACK TO LIFE, ADDING MORE PARKING SPACES THERE FOR THE FOR THE PARK AND ALL THAT. AND WE HAVE ALSO CONTACTED H-E-B FOR FRESH PRODUCE DAILY OR EVERY OTHER OR EVERY OTHER DAY. IT'S JUST A MATTER OF GETTING A SOMEWHAT GREEN LIGHT FROM THE COUNCIL JUST SO THAT WE CAN MOVE FORWARD TO GET A CONTRACT WITH THEM. I TURNED MYSELF OFF. CAN YOU ILLUSTRATE OR NOTE WHAT THE RED AND GREEN NOTES ARE ON YOUR VOLUME COUNT REPORT? I'M LOOKING FOR THE HOURLY TOTALS, MORE SO, AND I KNOW THOSE ARE YEAR BY YEAR. AND WE'RE KIND OF POST PANDEMIC AND AND POST MAYNOR EXPLOSION. I SEE FIVE I SEE 1700 WHICH IS 5 TO 6 IS KIND OF THAT PEAK HOUR WHICH MAKES SENSE. SO THIS IS THIS IS STRAIGHT FROM TECH STOCK. SO THIS IS YEARLY OBVIOUSLY 2025 IS NOT OUT YET. BUT AS YOU CAN SEE WE ARE GETTING MORE TRAFFIC WITHIN THE AS THE YEAR COMES BECAUSE MORE PEOPLE ARE MOVING IN AS WELL. BUT AS FAR AS THAT

[01:15:07]

INTERSECTION I'M NOT SURE THE DEVELOPMENT THAT IS GOING TO HAVE WHERE YOU GUYS ARE MOVING THE MAIN EITHER FREEWAY OR MORE TOWARDS SOUTH AND COME BACK TOWARDS WALMART. SO THAT INTERSECTION IS NOT GOING TO GET THAT MUCH TRAFFIC. AND AS FAR AS FOR MANOR GROCERY, WHAT WE WANT TO DO IS ALL THE NEW DEVELOPMENT THAT WE'RE DOING. THE I MEAN, WE'RE WE'RE NOT DOING THE APARTMENTS COMPLEX THAT ARE COMING IN ALL THAT FOR PEOPLE TO WALK TO THERE. SO IT'S YOU DON'T HAVE ALL THAT TRAFFIC PER SE. AND THERE ARE THEY THEY ARE WORKING OR WE ACTUALLY DID TALK TO THE TO THE OWNERS IN THE FRONT FOR MORE PARKING SPACE. AND I THINK THEY'RE GOING TO THEY'RE IT'S ALL INTO TALKS RIGHT NOW. HOW DOES HOW DOES AN ADDITIONAL ACCESS POINT OR CROSSING OF A SIDEWALK. YOU SAID THAT. I MEAN, IT'S LIKE A HYPHENATED QUESTION.

YOU SAID THAT TXDOT HAS HAS PROVIDED INITIAL APPROVAL FOR YOU TO HAVE AN ADDITIONAL HAVE IT HAVE A THAT THE THE AN ADDITIONAL ENTRANCE OR ACCESS OFF OF LEXINGTON. SO INITIALLY THERE WASN'T THERE WAS A AN ENTRANCE THERE. BUT ONCE THEY DID THAT RIGHT TURN THEY TOOK IT AWAY. BUT AFTER SPEAKING BACK AND FORTH WITH TECH STOCKS, THEY DID PROVIDE US THE OKAY, THE APPROVAL FOR THE ENTRANCE OF COMING IN AND COMING OUT. NOW, I JUST WE JUST HAVE TO TALK AS FAR AS GET GET WITH THEM TO SEE WHAT'S THE ACTUAL DIMENSIONS FOR FOR THAT DRIVEWAY ENTRANCE. THAT'S THE EXACT SAME DRIVEWAY THAT THIS COMMISSION JUST FLAGGED LAST MONTH AS BEING. THE PROBLEM FOR THIS PROPERTY WITH THIS SUP. IS THAT CORRECT? IF I CAN PROVIDE SOME ADDITIONAL CONTEXT TO THE. YEAH, I'M TRYING TO FIGURE OUT HOW HOW THE EARTH CHANGED IN THE LAST MONTH. IT WASN'T THEY DIDN'T SAY WE APPROVE YOUR DRIVEWAY. THEY EXPRESSED OPENNESS TO DISCUSSING WHERE A DRIVER COULD BE POTENTIALLY PLACED. AND RIGHT NOW THERE IS NO DRIVEWAY. THEY LOST THEIR RIGHT OF ENTRY OFF OF LEXINGTON, OR THEY HAVE NO RIGHT OF ENTRY OFF OF LEXINGTON RIGHT NOW. IS THAT CORRECT? YES, THAT WAS CURVED OFF. BUT THROUGH COMMUNICATION THAT THEY'VE HELD WITH THE TXDOT, TXDOT HAS EXPRESSED THAT THEY ARE OPEN TO LOOKING AT HOW A RIGHT IN, RIGHT OUT OR SOMETHING OF THAT NATURE COULD FUNCTION THERE.

THEY STILL HAVE TO GO THROUGH THE PROCESS OF APPLYING AND SUBMITTING FORMAL PLANS. BUT TXDOT DID SAY, YES, WE ARE OPEN TO EXPLORING THIS. HOLD ON, MR. JOHNSON, BECAUSE. IF AND WHEN AND I KNOW THIS IS A VERY LONG WAY DOWN THE ROAD. BUT LET'S SAY THAT THAT 1973 IS EXTENDED OR REROUTED. DOES THAT SECTION OF LEXINGTON, WHICH IS CURRENTLY TEX-DOT JURISDICTION BECAUSE IT'S 1973, DOES THAT CONVEY TO THE WOULD THAT CONVEY TO THE CITY IF THERE WAS A NEW FM 1973 THAT BYPASSED THE CURRENT AREA? SORRY, VERONICA, BECAUSE I'M TRYING TO FIGURE OUT IF THEY'RE MAKING DECISIONS TODAY FOR A FOR A PROPERTY THAT WE WOULD EVENTUALLY ASSUME.

SURE, POST IMPROVEMENT OR POST AGREEMENT. VERONICA RIVERA, ASSISTANT CITY ATTORNEY. SO RIGHT OF WAY IS NEVER CONVEYED TO A MUNICIPALITY UNLESS THE MUNICIPALITY REQUESTS IT FROM THE STATE. YES, YOU GET TO MANAGE IT AND MAINTAIN IT, BUT THEY STILL OWN IT, RIGHT? SO NO, THAT SO THE STATE WOULD STILL OWN IT AND HAVE RIGHTS TO IT. CORRECT. UNLESS, LIKE I SAID THIS, IF MAINTAINER IS INTERESTED IN OWNING IT, THERE IS A PROCESS TO GO THROUGH AND TO MAKE SURE THAT THAT THAT RIGHT OF WAY IS NO LONGER NEEDED. OKAY. THANK YOU. SORRY.

I THINK MR. AND MR. JONES, DO YOU WANT TO SAY SOMETHING? THANK YOU. YEAH. COMMITTEE MEMBERS, I JUST WANT TO CLARIFY, WE RECEIVED FROM TEXDOT FROM DANIEL FLEISHMAN THIS EMAIL THAT SAYS WE'VE RECEIVED THE PRELIMINARY DRIVEWAY AND IMPROVEMENT REQUEST FOR THIS LOCATION AND AGREE THAT A RIGHT OF WAY, RIGHT IN, RIGHT OUT CONFIGURATION IS APPROPRIATE AND IN CURBING WOULD BE AN IMPROVEMENT TO HELP PRESERVE THE PAVEMENT EDGE AND ALLOW PROPER DRAINAGE. ALTHOUGH THE DRIVEWAY SPACING IS NOT IDEAL, WE WILL WORK WITH THE DEVELOPER TO FINALIZE A WORKABLE SOLUTION. PLEASE HAVE THE APPLICANT COORDINATE WITH MY PERMIT TEAM TO WORK OUT THE DETAILS OF THE DRIVEWAY PERMIT. WE RECEIVED THAT TODAY. OKAY. THANK YOU.

COMMISSIONERS. ANY QUESTIONS? YEAH. CAN YOU WALK US THROUGH? I KNOW WE HAD THE SAME ISSUE. I YEAH, I, I UNDERSTAND WHAT TEXDOT IS SAYING AND I CAN'T FIGURE OUT WHY THEY'RE SAYING

[01:20:04]

IT. THAT'S WHERE THAT'S IRRESPECTIVE OF THIS MEETING, CAN YOU WALK US THROUGH HOW YOU'RE GOING TO SORT OF HANDLE HAVING THE ACCESS ONTO LEXINGTON, GIVEN THAT THE PUMPS ARE RIGHT. YEAH. GENERALLY THERE. CAN YOU KIND OF WALK US THROUGH HOW HOW YOU ENVISION THOSE NOT BEING A CONFLICT? SO I GUESS THIS IS WHY TECH STOCKS ACTUALLY WANTS TO MEET WITH THE WITH WITH US TO GET A MORE OF AN IDEA. ONCE WE PUT WHERE WE WANT TO PUT THE CANOPY FOR THE FOR THE NEW, FOR THE, FOR THE GAS PUMPS. SO AS FAR AS RIGHT NOW, WE'RE TRYING TO PUT THE GAS PUMPS MORE CLOSER TO THE ALLEY THAN IT IS ON THE, ON THE TOWARDS WHAT IS IT, HIGHWAY OLD HIGHWAY 20. RIGHT. BUT THAT WOULD PUT IT CLOSER TO THE THAT WOULD PUT YOUR DRIVEWAY CLOSER TO THE CORNER THAT CLOSE THAT DRIVEWAY THAT THAT CLOSED THAT ACCESS POINT TO BEGIN WITH, TO THE ALLEY OR TO WHERE WHERE EXACTLY ARE WE MOVING THE THE CONCERN IS THE CORNER. TXDOT'S CONCERN IS THE CORNER. IT'S THAT RIGHT TURN MOVEMENT. AND SO THEY CLOSE YOUR CURB YOUR CLIENT'S CURB BECAUSE IT IMPEDED IT, BECAUSE IT CONFLICTED WITH THE RIGHT TURN MOVEMENTS THAT THEY WANTED TO ENHANCE. SO YOU THAT DRIVEWAY WAS CLOSED BY CURB. BUT YOU'RE SAYING AND SO I'M ASKING SO I'M YOU'RE SAYING THAT NOW THEY'RE THEY WOULD CONSIDER MOVING THE DRIVEWAY CLOSER TO THE CORNER. NO CLOSER TO THE ALLEY. THE ALLEY. OKAY. ONCE THAT METAL BUILDING COMES OUT, THAT'S WHERE WE'LL GET A BETTER. WE DON'T WE ARE ALL. WE ALL READ MAPS FOR A LIVING. WE DRAW THINGS FOR A LIVING. WE WE WE GO HOME AND WE READ PLAT MAPS.

AND I DON'T NEED TO SEE A BUILDING TORN DOWN IN ORDER TO GET AN IDEA OF WHAT IT WILL BE.

WE KNOW HOW TO LIKE. THAT'S WHAT I'M TRYING TO SAY. WE'RE VERY NERDY UP HERE, AS I SAID EARLIER. SO I'M TRYING TO FIGURE OUT, LIKE I'M LOOKING AT THIS FROM DIMENSIONALLY, HOW YOU'RE GOING TO GET THOSE TURNING MOVEMENTS IN AND OUT WITHOUT CONFLICT. CAN YOU HELP ME UNDERSTAND THAT? BECAUSE YOU'RE GOING TO HAVE A LEFT, ONLY AN EAST ONLY ALLEY WHERE IT WOULD BE A RIGHT OR LEFT IN ESSENTIALLY BE A RIGHT IN TO THE ALLEY, AND THEN YOU HAVE TO MAKE A LEFT, ONLY UP TO THE THING. YOU'RE GOING TO HAVE. ESSENTIALLY A ONE WAY PUMP SETUP IS WHAT YOU'RE GOING TO TURN INTO. HOW WOULD YOU NOT IF YOU HAVE IF YOU HAVE IF YOU HAVE A EUROPEAN, IF I HAVE MY OLD RIGHT SIDE FILLING THING AND I PULL INTO THE LEFT SIDE OF THE PUMP, BUT I'M FACING A, A TRUCK THAT HAS A LEFT SIDE AND WE'RE PINNED, BUT WE HAVE NO ACCESS POINT WHERE NOW ESSENTIALLY GOING TO BE PINNING AGAINST EACH OTHER WITH CARS, WITH VEHICLES BEHIND US WAITING TO FILL. AND I'M TRYING TO FIGURE OUT HOW YOU RESOLVE THAT CONFLICT WITH SUCH A CONSTRAINT. IF YOU'RE GOING TO HAVE ONLY AN IN AND OUT DRIVEWAY, ESSENTIALLY THE ONLY WAY THAT YOU'D BE ABLE TO DO THAT IS TO HAVE A FULL SIDEWALK THAT'S ESSENTIALLY A DRIVEWAY FROM CORNER, FROM CORNER TO TO ALLEY. DOES THAT MAKE SENSE? AND I KNOW, ARE YOU ARCHITECT OR OR OR TRAFFIC ENGINEER? ARCHITECT. OKAY, WE'RE TALKING AND WE'RE TALKING ENGINEERING. SO I'M TRYING TO FIGURE OUT THE MOVEMENTS HERE THAT WE'RE THAT WE'RE TRYING TO THAT WE'RE TRYING TO CONVEY HERE. AND I'M NOT SURE IF I. AM, I, I DON'T KNOW, THAT'S WHY I'M ASKING. I'M TALKING TO THE WE'RE THAT'S LIKE ME TALKING TO SORRY. IT'S JUST IT'S IT'S IT'S NOT A IT'S NOT A GERMANE QUESTION. I DON'T THINK TO BE ASKING THE ARCHITECT. I DON'T KNOW IF WE'RE ALLOWED TO ASK STAFF ABOUT THIS AS FAR AS TURNING MOVEMENTS LIKE, CAN I ASK PAULINA QUESTION? HI, PAULINE. CAN YOU EXPLAIN? SORRY. THE DIFFICULTY IS THAT WITH THIS BEING A SPECIFIC USE PERMIT, THERE HAVEN'T BEEN FORMAL PLANS SUBMITTED TO BE REVIEWED BY GBA, SO SHE CAN PROVIDE AN OPINION BASED ON WHAT SHE'S SEEN TONIGHT. NO, NOTHING HAS BEEN OFFICIALLY SUBMITTED. BECAUSE. BECAUSE WE DID. WE RECOMMENDED DENIAL OF THE REZONING, WHICH WOULD HAVE MADE THIS A MOOT POINT. THAT'S WHY IT WAS POSTPONED, BECAUSE IT WAS A MOOT POINT BASED ON OUR ACTIONS. YEAH, I'M NOT A TRAFFIC ENGINEER, BUT I, I GET WHERE YOU'RE COMING FROM BECAUSE I DO QUESTION WILL THAT COME UP LATER? I GUESS IF WE IF, IF WE RECOMMEND AN SUP FOR THIS SPECIFIC USE BUT THEN IT'S FOUND THERE WILL HAVE TO BE SOME SORT OF CONFORMANCE LATER TO MAKE SURE THAT IT. RIGHT.

CONFORMANCE LETTER WILL HAVE TO ADDRESS THAT LATER ON. IS THAT CORRECT. WE WOULD NOT APPROVE PLANS WHERE, YOU KNOW IT'LL HINDER PEOPLE BEING ABLE TO GET OUT. THAT'S SOMETHING WE WILL REVIEW RIGHT NOW. IT'S JUST THIS IS JUST A SCHEMATIC VIEW. IT'S NOT NOTHING IS SET IN

[01:25:03]

STONE. THEY'RE JUST KIND OF SHOWING YOU HE COULD SHOW ME A UNICORN ON A RAINBOW JUMPING OUT OF THE ROOF. IT'S JUST A DRAWING. IT DOESN'T MATTER WHAT'S IN THE FOUR CORNERS OF THE ZONING. WHAT? WHAT HE'S ASKING FOR IS WITHIN THE ZONING CATEGORY. THAT COUNCIL THAT THEY ASKED FOR US BEFORE, THAT WE DENIED OR RECOMMENDED DENIAL AND COUNCIL'S APPROVED. NOW THEY'RE ASKING FOR IT FOR A SPECIFIC USE WITHIN THAT ZONING. THAT IS A HIGHER AND IT'S A HIGHER THRESHOLD BECAUSE IT'S NOT CONSIDERED A GENERAL. GENERALLY IT'S CONSIDERED TO BE A CASE BY CASE BASIS FOR THAT TYPE OF USE. THAT'S WHY A SPECIFIC USE PERMIT EXISTS. OR SPECIFIC USE PERMIT IS REQUIRED IN C1 AND C2. RIGHT. LIKE I SAID, I'VE ONLY SEEN THESE DRAWINGS. I HAVEN'T SEEN LIKE A PHYSICAL DESIGN. YEAH OKAY. SO THAT WOULD BE MORE AFTER TEXT.

I WAS LIKE, OKAY, YOU CAN PUT THE DRIVEWAY HERE. THEN YOU WOULD TAKE A LOOK AT IT. I'M LIKE, OKAY. AND THEN WE WOULD MAKE SURE IT WORKS AT THIS POINT. YOU KNOW, LIKE I SAID, I DON'T KNOW WHERE THE DRIVEWAY IS GOING TO BE THERE. AND, YOU KNOW, I'LL RESERVE ANY OTHER QUESTIONS BECAUSE I DON'T WANT TO PUT YOU IN A SPOT WHERE YOU YOU'RE NOT ABLE TO SPEAK YET, BUT THANK YOU. OKAY. THAT'S GREAT. SORRY. I HAVE A QUESTION FOR STAFF. DO WE. SO TEXDOT GRANTS THE APPROVAL OR DOESN'T GRANT IT ONTO LEXINGTON FOR ACCESS ONTO LEXINGTON? IS DO THEY DO THE SAME FOR ACCESS ONTO HIGHWAY 20? OR IS THAT CITY OF MAINER? 26? HIGHWAY 20 IS NOT OURS. YEAH. SCOTT JONES, ECONOMIC DEVELOPMENT DIRECTOR. THEY DIDN'T THEY WEREN'T REQUESTED TO ACCESS HIGHWAY 20. IT WAS JUST A QUESTION OF THE LEXINGTON ACCESS. AND THEY APPROVED THE LEXINGTON ACCESS. GOTCHA. THIS PROPERTY ALREADY HAS FRONTAGE OR HAS HAS DRIVEWAY ACCESS ON HIGHWAY 20 THAT HAS NOT BEEN REMOVED. SO IT STILL HAS THAT ACCESS. OKAY.

THANK YOU. COMMISSIONERS. ANY OTHER QUESTIONS? I HAVE A COMMENT. IF I CAN SAY THAT I, I YOU I WILL ENTERTAIN A MOTION AND WE CAN HAVE QUESTIONS OR COMMENTS ABOUT THE MOTION. I WILL MAKE A MOTION TO DENY APPROVAL OR TO RECOMMEND DENIAL OF APPROVAL ON ITEM TEN. I HAVE A MOTION TO DENY THE SPECIFIC USE PERMIT ON ITEM TEN FROM COMMISSIONER ROBERT. DO I HAVE A SECOND TO THAT MOTION? I SECOND, I HAVE A SECOND BY COMMISSIONER MEYER. ANY QUESTIONS TO THE MOTION? MR. OH. MR. EVERY TIME YOU MAKE THE COMMENT, PARDON, I'M GOING TO SAY NOW WOULD BE THE TIME TO MAKE THE COMMENT NOW THAT NOW THE FLOOR IS OPEN. MR. ROBERT.

YEAH. I PERSONALLY LOOKING AT THE CANOPY, WHEREVER YOU PUT WHEREVER YOU WANT TO PUT THE GAS STATION OR THE THE ACTUAL FUEL PUMPS, I DON'T SEE IT. I IT'S MY OPINION YOU COULD PUT IT ANYWHERE ON THE SITE AND YOU WOULD STILL HAVE THE SAME ISSUE I'M CONCERNED ABOUT. I DON'T I ALSO DON'T LOVE THE IDEA THAT WE'RE GOING TO WE'RE GOING TO RESTRICT MOVEMENTS VIA SIGN. I HAVE NOT EVER SEEN THAT WORK IN MY EXPERIENCE. BE HAPPY TO CONSULT AS I AM A TRAFFIC ENGINEER. YEAH. COMMISSIONERS, ANY OTHER QUESTIONS OR STATEMENTS ON THIS MOTION? ALL THOSE IN FAVOR OF THE MOTION TO DENY, PLEASE RAISE YOUR HAND, PLEASE. IF YOU'RE OPPOSED TO THE MOTION TO DENY, RAISE YOUR HAND AND MOTION PASSES 3 TO 1 WITH COMMISSIONER NILA OPPOSED.

THANK YOU. AND GOOD LUCK AT COUNCIL. ALL RIGHT. ITEM 11. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SETBACK WAIVER FOR 306 WEST EGGLESTON STREET IN MANOR, TEXAS. THE APPLICANT AND OWNER IS GERMAN CHAVARRIA. I DO NOT HAVE ANYONE SIGNED UP TO SPEAK ON THIS STAFF. THIS IS THE ONE THAT WAS FROM LAST MONTH'S AGENDA BUT POSTPONED. YES, BECAUSE IF YOU NOTICE IN THE ACTUAL REQUEST, THE ADDRESS IS 306 EAST WHEELER AND THAT'S THE APPLICANT'S ADDRESS. BUT THE ACTUAL LOT THAT THEY'RE REQUESTING THE WAIVER FOR IS 306 WEST EGGLESTON. YEAH, JUST A TYPO OF MINIMAL. WELL, ACTUAL PROBABLY NOT MINIMAL MISTAKE TO THEM, BUT YES, IT WAS JUST A TYPO DUE TO MISREADING OF THE ACTUAL DOCUMENT. IT'S A STANDARD

[01:30:05]

PROCEDURE THAT WE HAVE FOR PROPERTIES WITHIN THE OLD TOWN OF PAINTER. THANK YOU, STAFF FOR THAT. THANK YOU FOR YOUR PATIENCE, MR. CHAVARRIA, FOR HAVING THAT COME BACK TO US.

STAFF, DO YOU HAVE A QUESTION OR COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR STAFF ON THIS SETBACK WAIVER REQUEST? THIS IS A DISCRETIONARY ITEM AS STATED BY COUNCIL OR STATED BY STAFF.

THEY'RE SEEKING A 25 FOOT FRONT SETBACK, A TEN FOOT SETBACK ON EACH SIDE AND FIVE FEET FROM THE REAR. OH, THAT'S DIFFERENT FROM NORMAL. IT'S ALMOST DIFFERENT STAFF. I HAVE A QUESTION ABOUT THAT. WE USUALLY HAVE A TEN FOOT SETBACK ON REAR. DO YOU KNOW WHY IT'S GOING TO BE A FIVE FOOT INSTEAD? IS THERE A ALLEY INVOLVED? THAT IS A GREAT QUESTION. IT'S A GREAT QUESTION. USUALLY OUR SETBACKS ARE FIVE FEET OR LIMITATIONS OF MAX. LIMITATIONS ARE FIVE FEET SIDE, TEN FEET REAR AND 25 FOOT FRONT. SO THEY DO HAVE AN ALLEY BEHIND THEM. THEY HAVE AN. YEAH.

OH YEAH. THANK YOU. COMMISSIONERS. ANY QUESTIONS ON THIS ITEM. IF NOT, I'LL ENTERTAIN A MOTION ON ITEM TEN. ON ITEM 11. I'LL MOVE THAT. WE APPROVE ITEM NUMBER 11, THE MOTION BY COMMISSIONER MEYER TO APPROVE ITEM 11. DO I HAVE A SECOND? I'LL SECOND. SECOND BY COMMISSIONER NILA, ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? HEARING NONE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. ALL OPPOSED? THAT MOTION PASSES FOUR ZERO. THANK YOU FOR COMING BACK. ITEM 12. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION. OH MY GOODNESS. I AM 42. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION. FINAL PLAT FOR PHASE ONE OF THE MANOR COMMONS NORTHEAST COMMERCIAL SUBDIVISION ONE LOT ON 1.708 ACRES, MORE OR LESS WITH 2.774 ACRES MORE OR LESS OF RIGHT OF WAY, AND BEING GENERALLY LOCATED TO THE NORTHEAST OF THE INTERSECTION OF HIGHWAY 290 AND FM 973, IN MANOR, TEXAS. THE APPLICANT IS ALME ENGINEERING INCORPORATED. THE OWNER IS TIMMERMAN. TIMMERMAN COMMERCIAL INVESTMENTS LP STAFF. YES, THIS IS THE BEGINNING OF THE FINAL PLANNING PROCESS FOR THE NORTHEAST COMMERCIAL SUBDIVISION. THE PRELIMINARY PLAT HAS ALREADY COME BEFORE THE COMMISSION AND THIS IS JUST THEM STARTING TO PLAT OUT. THE DIFFERENT SECTIONS OF THIS PROPERTY. YEAH. AND STAFF ARE COMMISSION. THIS IS A NON-DISCRETIONARY ITEM. I'LL ENTERTAIN A MOTION IF THERE ARE NO QUESTIONS. AND IF THERE ARE ALSO ENTERTAIN A MOTION SO WE CAN HAVE THAT DISCUSSION. I MOVE THAT WE APPROVE. AGENDA ITEM 12 I HAVE A MOTION BY COMMISSIONER NILA TO APPROVE ITEM 12. DO I HAVE A SECOND? A SECOND BY COMMISSIONER MEYER. ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? SEEING NONE.

HEARING NONE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES FOUR ZERO. ITEM 13 IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION. FINAL PLAT FOR PHASE THREE OF THE MANOR COMMONS NORTHEAST COMMERCIAL SUBDIVISION. TWO LOTS ON 3.277 ACRES, MORE OR LESS, AND BEING GENERALLY LOCATED TO THE NORTHWEST OF THE INTERSECTION OF US HIGHWAY 290 AND GREENBERRY DRIVE IN MANOR, TEXAS. OH YEAH. COMMENTS I'M THINKING OF ANOTHER ONE. THE APPLICANT, KLM ENGINEERING INCORPORATED, AND THE OWNER IS TIMMERMAN COMMERCIAL INVESTMENTS. LP STAFF. THIS IS SIMILAR IN FASHION TO THE ITEM THAT WAS JUST HEARD GOING THROUGH THE PROCESS OF PLATTING THERE. LOTS. ALL RIGHT. THIS IS ALSO A NON-DISCRETIONARY ITEM. STAFF AND COMMISSION. ANY QUESTIONS? OH IT'S BEDTIME. ANY QUESTIONS? I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE THAT.

WE APPROVE. AGENDA ITEM 13. I HAVE A MOTION BY COMMISSIONER NEELIE TO APPROVE ITEM 13. DO I HAVE A SECOND? I'LL SECOND A SECOND BY COMMISSIONER MEYER. ANY QUESTIONS? HEARING NONE.

ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES FOUR ZERO. ITEM 14 IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION. FINAL PLAT FOR PHASE FOUR. SECTION A LOT ONE OF BLOCK F AND LOT TWO OF BLOCK E IN THE MANOR HEIGHTS SUBDIVISION. 71 LOTS ON 13.642 ACRES MORE OR LESS, AND BEING GENERALLY LOCATED TO THE

[01:35:07]

NORTHWEST INTERSECTION OF LIBERTY BELL BOULEVARD AND ROSEN WAY IN MANOR, TEXAS. THE APPLICANT AND OWNER IS FOUR STAR USA REAL ESTATE GROUP INCORPORATED. STAFF. LET'S TALK ABOUT THIS NON-DISCRETIONARY ITEM. YES. SO THIS IS ESSENTIALLY PLATTING WHAT WAS ALREADY PLATTED, BUT INTO ITS RESIDENTIAL CONFIGURATION. IT WAS PREVIOUSLY ONE LOT, AND NOW THEY'RE JUST SUBDIVIDING IT INTO WHERE THEIR HOMES ARE GOING TO BE, AS WELL AS THE APPROPRIATE DRAINAGE LOTS, THINGS OF THAT NATURE. I HAVE A QUESTION FOR THE FOR MISS GRAY.

MISS GRAY IS 50FT THE NARROWEST RIGHT OF WAY THAT WE HAVE IN OUR CITY? YES, UNLESS IT'S FOR AN ALLEY. BUT YES, 50FT IS THE NARROWEST. OKAY, I ASKED BECAUSE THIS WAS THE PROPERTIES.

THESE WERE. THIS WAS THE PLAT THAT WAS REPLATTED FROM OR SUBMITTED FOR REPLAT FROM REAR LOAD GARAGES WITH ALLEYS TO WHERE IT WOULD HAVE ON STREET PARKING ON THESE, ON THESE STREETS IN THIS SECTION TO FRONT LOAD GARAGES WITH NO ON STREET PARKING. SO ESSENTIALLY NO NO BUFFER, NO NO BUMPERS ON THE SIDE. YES. ESSENTIALLY NO NO NO SPEED MANAGEMENT DIVERSION. YES OKAY. IS THE CITY ALLOWED TO REQUIRE I KNOW THAT THESE ARE ESSENTIALLY DEAD ENDS AT THIS TIME. THEY ARE ALSO ADJACENT TO ANOTHER FOUR STAR PROPERTY THAT'S UNDEVELOPED. LIKE IS THERE A WAY FOR THE CITY TO REQUIRE SPEED MANAGEMENT ON THESE 50 FOOT RIGHT OF WAY THAT HAVE NO. THAT HAVE NO ON STREET PARKING? YEAH, NOT RIGHT NOW. IN THE PAST, WE HAD STARTED DISCUSSIONS, BUT IT DID NOT GO ANYWHERE ABOUT IT. THE CITY WOULD HAVE TO PASS ORDINANCES. YOU HAVE TO HAVE AN ORDINANCE SAYING, YOU KNOW, FOR THIS. AND THEN, YOU KNOW, DEPENDING ON WHERE THE LOT IS LOCATED AND STUFF, THERE'S CERTAIN PROCESSES THAT HAVE TO TAKE PLACE. OKAY. SO THAT MIGHT BE SOMETHING THAT THE DEVELOPMENT SERVICES DIRECTOR LOOKS INTO FOR THE FUTURE. CERTAINLY WE CAN DEFINITELY ADD THAT TO OUR LIST OF THINGS. I MEAN, I'M SURE YOU HAVE SO MANY THINGS THAT ARE LIKE RIGHT UP THERE WITH MY CONCERN ABOUT, I MEAN, I AM IT'S A VERY VALID CONCERN FROM SOMEONE, FROM SOMEONE WHO KNOWS WE'RE WE'RE WE'RE A BEDROOM COMMUNITY RIGHT NOW. AND PEOPLE LIKE, AS A AS SOMEONE WHO TAUGHT ME SOMETHING ABOUT THIS WHEN WE WERE TALKING ABOUT THIS REAR LOAD TO TO FRONT LOAD, IF YOU HAVE AN ALLEY, YOU ONLY HAVE THE PEOPLE. RIGHT, WHO ARE PROBABLY GOING TO GO ON THAT ALLEY TO GO AND PUT THEIR VEHICLE IN STORAGE OR TAKE IT OUT ON THAT ALLEY. SO IT'S A IT'S A RELATIVELY CALM PLACE FOR CHILDREN TO DO WHAT WE DID. BACK WHEN I LIVED IN, I WAS IN A HORRIBLE DESIGN. I WAS IN A CUL DE SAC, SO I WOULD BE MORALLY OPPOSED TO MYSELF IN MY OWN PLANNING MIND. BUT, YOU KNOW, WE WOULD GO PLAY IN THE STREET OR PLAY IN THE ALLEY VERSUS PLAYING IN THE STREET WITH NO PARKING. YEAH. SO THAT'S WHERE I'M OKAY. THANK YOU. I'VE SPOKEN ENOUGH. ANY OTHER QUESTIONS? STAFF. YEAH, I HAVE A SORRY I HAVE A FOLLOW UP.

SO WE'RE SEEING 50 FOOT OF RIGHT OF WAY. CAN YOU GIVE US SOME SENSE OF WHAT THE WHAT CRITERIA IS IN PLACE FOR WHAT GOES WITHIN THAT 50FT. USUALLY THERE'S THE CURB AND THEN WITHIN THAT 50FT THERE'S CITY UTILITIES. SO BE WATER WASTEWATER AND STORM SEWER. AND THEY'RE ALSO REQUIRED TO DO SIDEWALKS IN THIS. YEAH. AND THERE WILL BE SIDEWALKS ALONG ALL THE PROPERTIES. SO THE 50FT IS REALLY THE IT INCLUDES THAT SIDEWALK PORTION. SO THE CURB CONSTRAINT, THE SIDEWALK WILL BE IN THE RIGHT OF WAY. YES. THE CURB TO CURB IS MUCH LESS THAN 50FT. YEAH. THE CURB TO CURB I CAN'T REMEMBER THAT I THINK IS IT 30FT I'M MAKING.

LOOK, I'M MAKING I'M MAKING SCOTT DUNLOP HAVE TO REMEMBER HIS POD. HE'S LIKE NO. ALL RIGHT. IT'S 3030. ALL RIGHT. THANK YOU. SO YEAH. SO I THINK THAT'S A THAT'S A GOOD DISTINCTION TO MAKE. SO THEN WE'RE TALKING 15 FOOT LANES IN EACH DIRECTION WITHOUT PARKING ON THE SIDES. IT'S YEAH. YEAH. THE PUTT OUT THERE IN MANOR HEIGHTS DOES RESTRICT PARKING OR I DON'T KNOW HOW IT GETS ENFORCED, BUT IT DOES SPECIFICALLY SAY THEY'RE NOT SUPPOSED TO PARK IN THE STREET MORE THAN FOUR HOURS. BUT SO MANY OF THEM LISTEN TO IT, LISTEN TO POD DOCUMENTS THOUGH. YES, IT IS AN ITEM. IT'S ONE OF THE NOTES ON THE POD THAT WAS APPROVED. IT'S IN THERE. YEAH, BUT NOT EXPLICITLY. I DON'T KNOW IF IT EVER PUT TECHNICALLY

[01:40:03]

WHO WAS SUPPOSED TO ENFORCE IT. NO, BECAUSE IT'S A CITY RIGHT OF WAY. IT'S A IT'S A REQUIREMENT IN MY HOA ALSO FOR OUR PARKING YOU KNOW MAXIMUM. YEAH. YEAH FOUR HOURS. THAT'S WHAT THAT'S WHAT IT'S SUPPOSED TO BE. I MEAN, IT'S ON THE POD. IT'S NOT IT'S NOT ENFORCED ALL THAT WELL, BUT. THE THE WAY IT WORKS IS THAT THEY CAN THEY CAN FIND THE PROPERTY OWNER IF THEY CONNECT TO THEM. AND. GENERALLY IT'S LEFT TO WHEN THEY SELL THE HOUSE FOR THAT FEE OR COLLECTION OF FEES TO GET PAID. OH. THROUGH LIEN. YEAH. YEAH. WE'LL SEE. COUNCIL. ANY OTHER QUESTIONS ON ITEM 14. THANK YOU FOR FOR HELPING ME UNDERSTAND THIS A LITTLE BIT MORE. I'M SORRY YOU WERE ABSENT WHEN THIS CAME UP FOR CONFORMANCE. SO I HAD QUESTIONS, BUT IT'S FINE.

YES, I KNOW AFTER THAT. WELCOME BACK. IT WAS DISCUSSED. YES. THANK YOU. THANK YOU SO MUCH.

COMMISSIONERS. I WILL ENTERTAIN A MOTION ON ITEM 14. I'LL MOVE TO APPROVE ITEM NUMBER 14. I HAVE A MOTION BY COMMISSIONER ALBERT TO APPROVE ITEM 14. DO I HAVE A SECOND? I'LL SECOND HAVE A MOTION BY COMMISSIONER. PARDON ME A SECOND BY COMMISSIONER NILA. ANY DISCUSSION TO THE MOTION? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES FOUR ZERO. ON TO ITEM 15. THANK YOU SO MUCH. THIS IS RELATED TO ITEM 14 I BELIEVE CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A SUBDIVISION FINAL PLAT FOR PHASE FOUR, SECTION A LOT 21 BLOCK O OF THE MANOR HEIGHTS OF DIVISION 114. LOTS ARE 114 LOTS ON 19.640 ACRES MORE OR LESS, AND BEING GENERALLY LOCATED TO THE SOUTHWEST OF THE INTERSECTION OF ROSEN WAY AND FEINSTEIN, FEINSTEIN STREET. SHE WAS JUST AROUND. I SHOULD REMEMBER HOW TO SAY HER NAME. AND FEINSTEIN STREET IN MANOR, TEXAS. THE APPLICANT AND OWNER IS FOUR STAR USA REAL ESTATE GROUP INCORPORATED STAFF. THIS IS FOR THE OTHER SECTION OF THIS, I BELIEVE. CORRECT? YES. SIMILAR FASHION. THEY'RE JUST SUBDIVIDING THIS PARCEL INTO ITS RESIDENTIAL CONFIGURATION. FOR REFERENCE, THE 114 LOTS ON 19.64 ACRES IS BECAUSE THESE ARE MEDIUM DENSITY LOTS. I BELIEVE ROUGHLY, YEAH. I'M SO SORRY. LOT LINES ARE LIKE 30 40FT. SO WE'RE TALKING 40 FOOT PROPERTIES, 30 FOOT WIDE HOMES WITH FRONT LOAD GARAGES 35.

SORRY, 20 PARDON. SOME HAVE 35. OH YEAH. SOME HAVE 35. IS THAT BECAUSE THE REAR IS 40? STAFF.

WHAT ARE THE. THE MINIMUM. THE MINIMUM SETBACKS ARE FIVE FEET ON THE SIDE CORRECT. YES. OKAY.

OH 35 PLUS THE FIVE FEET THERE PAST THE PAST THE PIN ON THOSE TWO LOTS. THEY'RE NEAR L 17. SO LOT LOTS 19 AND 20 IN BLOCK D. YEAH ACTUALLY IS 37.6. YES 39.71. AND 37.65. YEAH. BUT TOWARD THE BACK IS WHERE THEY THEY GAIN THAT LOT WIDTH TO AT LEAST MAINTAIN THAT 30 FOOT WIDTH OR SOMETHING. WHEREABOUTS WITHIN FIVE FEET OF THE BORDER. AND MISS GRAY, JUST TO CONFIRM YOU HAVE YOU'VE PROVIDED A LETTER OF CONFORMANCE FOR THIS. YOU'VE PROVIDED ENGINEER COMMENTS AND APPLICANT RESPONSE. YES. IT WAS APPROVED AS A CONFORMING FINAL PLAT. THANK YOU. YEAH. THE WE TYPICALLY INCLUDE THE ENGINEER COMMENTS AND RESPONSES JUST SO YOU CAN SEE THE DIALOG BACK AND FORTH AS THE REVIEWS OCCUR. THE CONFORMANCE LETTERS AT THE END.

YEP. THANK YOU. IT CAME FROM YOU. ALL RIGHT COMMISSIONERS ANY QUESTIONS ON THIS ITEM 15.

[01:45:01]

IF NOT, I'LL ENTERTAIN A MOTION. I MOVE THAT WE APPROVE. AGENDA ITEM 15. I HAVE A MOTION TO APPROVE ITEM 15 BY COMMISSIONER NEELY. DO I HAVE A SECOND? SECOND? HAVE A SECOND BY COMMISSIONER ROBERT, ANY QUESTIONS TO THE MOTION? ANY QUESTIONS? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OPPOSED? THAT MOTION PASSES FOUR ZERO. THANK YOU. ITEM 16 IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION TO REMOVE A HERITAGE TREE IN THE MANOR DOWNS INDUSTRIAL PROJECT. BEING A 29 INCH PECAN TREE, 29 INCH DIAMETER IS WHAT I WANT TO VERIFY. PECAN TREE, IDENTIFIED AS NUMBER 5019 AND THE TREE SURVEY FOR SAID PROJECT AND BEING LOCATED AT 8916 HILL LANE IN MANOR, TEXAS. THE APPLICANT IS BOWMAN CONSULTING GROUP LIMITED. THE OWNER IS DG MANOR DOWNS PROPERTY OWNER, LP. I DO HAVE ONE PERSON WHO WAS SIGNED UP NOT WISHING TO SPEAK ON THIS. THEY ARE HERE FOR COMMENT. MISS MAGGIE CARREON OR CARRY ON. SO IT'S OKAY YOU'RE SIGNED UP JUST IN CASE WE HAVE QUESTIONS. STAFF, DO YOU WANT TO GO AHEAD AND PROVIDE US A SUMMARY ON THIS ITEM? YES. THE TREE IN QUESTION IS BEING REQUESTED FOR REMOVAL AS IT SITS IN ONE OF THEIR PROPOSED DETENTION FACILITIES. PER OUR CODE, THE PLANNING AND ZONING COMMISSION IS ALLOWED TO HEAR AND APPROVE REQUESTS SUCH AS THIS. IF SPECIFIC CRITERIA IS MET. IT'S ALSO LISTED IN THE SUMMARY FORM JUST TO PAINT ON EXACTLY WHAT THOSE ARE. BUT THIS WON'T FALL SPECIFICALLY ON NUMBER EIGHT, IN WHICH IT PREVENTS THE CONSTRUCTION OF UTILITY OR DRAINAGE FACILITIES THAT MAY NOT BE FEASIBLE OTHERWISE ON THE SITE. THERE ARE HINDRANCES NORTH, SOUTH, EAST AND WEST OF WHERE THE DRAINAGE IS TO BE PROPOSED, AS WELL AS THE CURRENT CONVEYANCE OF FLOWS ON THE SITE AND ITS CONFIGURATION.

AND THAT'S WHERE THE REQUEST ULTIMATELY STEMS FROM. COMMISSIONER, WE HAVE A PICTURE OR A PHOTO OF THE TREE IN QUESTION. THAT WE DO NOT HAVE IN THE BACKUP. WE HAVE A LIST OF TREES. IF I MAY, ONE OF THE ONE OF THE COMMENTS IN HERE ABOUT THE SUMMARY IS THAT IT'S SAYING IT'S DYING OR DEAD. HOW DO WE KNOW? I MEAN, WHAT THOSE ARE THE CONDITIONS. I MEAN, YES, THE CONDITION, BUT AS SO. AND HOW DO WE HOW CAN WE CONFIRM THAT IT'S I MEAN, WHAT WHAT ARE THE CONDITIONS THAT SAYING THAT IT'S DYING OR DEAD, YOU HAVE TO HAVE A CERTIFIED ARBORIST GO OUT AND INSPECT THE TREE AND THEY'LL PROVIDE THEIR REPORT. THAT'S NOT SOMETHING THAT I WOULD EYEBALL. THE APPLICANT WOULD EYEBALL. YOU HAVE TO HAVE AN OFFICIAL REPORT. BUT THAT ISN'T WHAT APPLIES HERE. THE ONLY THING THAT APPLIES WOULD BE NUMBER EIGHT, WHICH IS THE DRAINAGE FACILITIES. OKAY. WHICH IS WHAT'S BOLD. SO THAT YOU WHAT YOU DID IS IN THIS BACKUP MATERIAL IN THE SUMMARY FORM, STAFF PROVIDED, STAFF LISTED ALL POTENTIAL OPTIONS UNDER THE CODE THAT WOULD ALLOW A HERITAGE TREE TO BE REMOVED. AND IT CAN BE ONE OR MORE OF THE FOLLOWING CONDITIONS. IN THIS CASE, IT IS ONLY ITEM EIGHT OR ONLY. ONLY CONDITION EIGHT. THAT'S CORRECT. OKAY. HAS THERE BEEN EFFORTS BY THE APPLICANT TO RELOCATE THIS TREE? WE'VE HAD CONVERSATIONS ABOUT OPTIONS AND THEY'VE PROVIDED THEIR LETTER OF INTENT, IF YOU WILL, KIND OF OUTLINING WHAT WAS DONE THERE. ALSO AVAILABLE TO KIND OF ELABORATE FURTHER IF THAT'S PREFERABLE. OKAY. LETTER OF INTENT IS NON-BINDING THOUGH, CORRECT? CORRECT OKAY. HAS THERE BEEN DISCUSSION OF REDESIGNING THE POND AROUND THE TREE? I AM NOT ENGINEERING SAVVY ENOUGH TO TELL YOU HOW THAT WOULD WORK, OR IF IT WOULD WORK. I WOULD LIKELY DEFER TO PAULINE OR THE APPLICANT REPRESENTATIVE. SO WE DID REVIEW THE PLANS. THE ISSUE IS THAT POND IS LOCATED. THAT IS THE DIRECTION THE WATER GOES NOW. SO THEY ARE JUST CAPTURING, YOU KNOW, THE ADDITIONAL FLOWS FROM THE IMPERVIOUS COVERS BEING ADDED. SO THEY WOULD BASICALLY HAVE TO REGRADE THE WHOLE SITE TO MOVE THE POND SOMEWHERE ELSE. PONDS. YOU DON'T WANT TO PUT PONDS SOMEWHERE WHERE THE WATER DOESN'T NATURALLY GO. YOU TRY TO STAY WHERE THE WATER ACTUALLY FLOWS. SO REALLY THEY WOULDN'T BE ABLE TO REDESIGN THE POND. YOU KNOW, THEY CAN'T MAKE IT SMALLER OR ANYTHING BECAUSE IT'S, YOU KNOW, IT'S GOT TO BE A CERTAIN FOOTPRINT IN ORDER TO CAPTURE THE FLOWS. AND LIKE I SAID, THE WATER ACTUALLY, THAT'S WHERE IT FLOWS RIGHT NOW. SO THE LAST THING YOU WANT TO DO IS GRADE IT AND

[01:50:05]

START TRYING TO SEND IT A DIFFERENT WAY, BECAUSE WATER WILL FIND A WAY TO GO WHERE IT WANTS TO, WHETHER OR NOT YOU, YOU KNOW. SO THAT'S WHY YOU TYPICALLY THEY'RE DESIGNED YOU FOLLOW THE FLOW THE EXISTING PATTERN. AND THEN THAT'S WHERE THE POND GOES. WHERE IS LOT NINE OR THE CITY? WHAT WAS CONSIDERED LOT NINE IN OUR LAST MEETING, WHERE THE THE INTENTION FOR THE AMPHITHEATER OR THE CITY IMPROVEMENTS WOULD BE THE CITY PARKLAND IN RELATION TO THIS IS THIS IT'S NOT REALLY. IT'S THE SOUTH EASTERN PORTION OF THE PROPERTY.

OKAY. THE POND, IT WOULDN'T BE LOCATED ON THE CITY PROPERTY. THERE IS A DRAINAGE EASEMENT THAT GOES THROUGH THAT LOT THAT'S BEING CONVEYED TO THE CITY. BUT THERE'S THE POND IS LOCATED ON THEIR PROPERTY BECAUSE THEY'RE GOING TO OWN AND MAINTAIN THE POND. THE CITY'S NOT GOING TO MAINTAIN THE I'M TRYING TO FIGURE OUT IF WE CAN MOVE SAID TREE OUT OF POND AND OVER TO. AMPHITHEATER PLACE. I'M NOT AN ARBORIST, SO I HAVE NO IDEA. SO LIKE I SAID, I DON'T I DON'T KNOW IF THEY'VE DISCUSSED THAT OR NOT. I HAVEN'T BEEN INVOLVED IN ANY DISCUSSIONS LIKE THAT. YEAH, OKAY. I KNOW YOU CAN MOVE TREES BECAUSE I HAD IT DONE FOR OTHER PROJECTS, OTHER CITIES, BUT I'M LOOKING AT THE AREA TO THE NORTH WHERE THE LANE OR STREET IS GOING ACROSS THERE. IT SEEMS TO ME THAT THAT POND COULD BE EXTENDED FURTHER THAT DIRECTION UNDER THE. UNDER THAT LANE AND INTO THAT OPEN AREA TO THE TO THE NORTH OF IT, ROUGHLY THE SAME AS THE DRIP LINE IS OF THAT TREE THEY WANT TO REMOVE. I'M NOT CONVINCED THAT THAT SUFFICIENT ENGINEERING HAS BEEN ATTEMPTED TO TO MITIGATE THIS. I CAN'T ANSWER THAT BECAUSE I DID NOT DESIGN THIS. BUT WHEN WE REVIEWED IT, YOU KNOW, THAT'S WHERE THE FLOWS GO. YOU KNOW, THAT'S HOW THEY'RE ENGINEERS DESIGNING IT. THE DESIGN MEETS THE CODE. THAT'S WHAT WE REVIEW IT FOR. I CAN'T TELL THEM WHERE TO PUT THEIR POND OR HOW TO DESIGN IT. WE LOOK AT IT TO MAKE SURE IT WORKS CORRECTLY. THAT'S WHAT WE DO. BUT LIKE I SAID, THERE IS A DRAINAGE STUDY THAT HAS BEEN REVIEWED BY MY OFFICE AND THIS IT WORKS AND IT NEEDS THE POND NEEDS TO BE THERE. WHETHER THEY WANT TO ADJUST THE FOOTPRINT, THEN THEY WOULD HAVE TO BASICALLY RESUBMIT THEIR PLANS, MAKE REVISIONS, AND THEN, YOU KNOW, SHOW US THE NEW POND WOULD WORK. THE QUESTION FOR THE X'S ARE ALL WHERE THE TREES ARE GOING TO BE REMOVED ON THAT AREA. YES. AND ONLY THE YELLOW 15019 IS THE IS THE ONLY HERITAGE TREE IN THAT AREA. YES.

OR PROTECTED TREE? IS THERE ANY THERE'S GOING TO BE PROBABLY A SIDE CONVERSATION POSSIBLY ON THIS ONE. HAS THERE BEEN. AND THIS IS PROBABLY WITH FROM MR. BURRELL HERE. IS THERE ANY CONVERSATIONS ABOUT THE YOU BROUGHT UP ABOUT THE FUNDING FOR LIKE WHENEVER IN PLACE OF HAVING TREES THERE YOU THERE'S A FUND. YEAH. THE TREE. THE TREE. YEAH. IS THAT BEING DISCUSSED WITH THESE TREES THAT ARE BEING REMOVED BECAUSE WE'RE LOSING THE, THE GREEN STUFF THAT WE NEED TO GO AHEAD AND BREATHE STUFF WITH. SO THIS IS ACTUALLY ALSO ELABORATED ON A LITTLE BIT IN YOUR BACKUP. BUT FOR THE SITE THEY WERE MOVING ABOUT 1774 CALIPER INCHES, IF YOU WILL, OF TREES. BUT THEY'RE ALSO PLANTING 1110 TREES AT A MINIMUM OF THREE CALIPER INCHES.

SO THEY'RE ACTUALLY FAR EXCEEDING WHAT CURRENTLY EXISTS ON THE SITE. AND IS THAT NUMBER GOING TO EQUAL OR SURPASS THE AMOUNT OF THE OXYGEN OUTPUT THAT THE TREES ARE CAPABLE OF DOING RIGHT NOW? BECAUSE BECAUSE YOU GOT TO THINK ABOUT IT THIS WAY. IF WE'RE GETTING ALL THESE TREES THAT ARE PRODUCING A LARGE AMOUNT OF OR POTENTIALLY PRODUCING A LARGE AMOUNT OF OXYGEN, AND WE'RE JUST TAKING THEM OUT, WE'RE GETTING WE'RE GETTING THAT AWAY FROM US AND WE'RE RELYING ON ON ALL THE CURRENT VEGETATION TO, TO PROVIDE WHAT WE NEED. BUT IS THE BUT IF WE'RE PUTTING IN NEW, NEW PLANTS, DO WE KNOW THAT IT'S GOING TO BE EQUITABLE SO

[01:55:02]

THAT THERE'S NOT A LOT OF CONCERN. SO WE CAN SAY, YEAH, OKAY. YEAH, WE CAN WE CAN REPLACE WHAT WE'RE TAKING OUT. SO I WILL START BY PREFACING I'M NOT AN ARBORIST, NOR AM I ANYWHERE NEAR INTELLIGENT ENOUGH TO UNDERSTAND IF THE REPLACEMENT IS A 1 TO 1 RATIO, SIMPLY BECAUSE THERE'S A DIFFERENCE IN CALIPER SIZE OF A MATURE, ESTABLISHED TREE VERSUS A NEW ONE. BUT IF THERE IS ANY CORRELATION BETWEEN THE ACTUAL CALIPER AND VOLUME OF TREES BEING PLANTED, MY EDUCATED ASSUMPTION WOULD BE THAT THE VAST, VASTLY GREATER AMOUNT OF CALIPER INCHES THAT ARE ON SITE SHOULD BE RELATIVELY IN THE RANGE OF WHAT'S CURRENTLY EXISTING, SO LONG AS THEY'RE PLANTED AND MAINTAINED. AND THAT IS SOMETHING DURING THE ACTUAL PROCESS THAT WE GO OUT AND WE CHECK THEIR VEGETATION TO ENSURE THAT IT'S NOT DYING IN POOR HEALTH OR JUST MISSING. THEY'RE ACTUALLY NOT ABLE TO GET THEIR FINAL APPROVALS UNTIL ALL OF THEIR LANDSCAPING IS INSTALLED, PER THE PLAN THAT'S BEEN APPROVED. AND CALIPER INCHES IS A STANDARD USED IN THIS TYPE OF OF REPLACEMENT OR ACCOUNTING. YES. THANK YOU. OH, ANY OTHER QUESTIONS COMMISSIONERS I WILL ENTERTAIN A MOTION. I WOULD LIKE TO PROPOSE A MOTION TO POSTPONE THIS ITEM, TO GIVE THE APPLICANT AN OPPORTUNITY TO SHOW DUE DILIGENCE AND PROOF THAT THEY HAVE MADE EVERY EFFORT TO SAVE THIS TREE. I HAVE A MOTION TO POSTPONE TO ALLOW THE APPLICANT TIME TO SHOW DUE DILIGENCE. DO I HAVE A SECOND? I'LL SECOND. I HAVE A SECOND. BY COMMISSIONER NILA. FIRST BY MOTION BY COMMISSIONER MEYER. COUNCIL. I WANTED TO MAKE SURE IS THAT WITHIN THE CONFORMING USES OR IS THAT WITH PARDON ME CONFORMING USE? IS THAT WITHIN THE THE THE THE RIGHTS WITHIN THIS DISCRETIONARY ITEM FOR COUNCIL TO REQUEST OR FOR COMMISSION TO REQUEST A POSTPONEMENT? COMMISSIONERS VERONICA RIVERA, ASSISTANT CITY ATTORNEY YES, THAT IS WITHIN YOUR RIGHT TO REQUEST SOME ADDITIONAL INFORMATION BEFORE YOU MAKE FINAL DECISION ON A DISCRETIONARY ITEM. OKAY. ANOTHER QUESTION IS THE CHAIR ABLE TO REQUEST AN AMENDMENT TO THE MOTION OR DO I HAVE TO? NO I'M NOT I CAN'T INTRODUCE EMOTION, BUT I'M ALLOWED TO AMEND IT OR OFFER AN AMENDMENT. YOU CAN OFFER A FRIENDLY AMENDMENT OR YES OR HAVE IT BE VOTED. I WOULD OFFER A FRIENDLY AMENDMENT TO THE MOTION ON THE FLOOR TO. TO AS PART OF THAT DUE DILIGENCE TO EXPLORE RELOCATION WITHIN THE, YOU KNOW, WITHIN THE PARCEL OR ADJACENT PARCELS THAT THEY WERE ABLE TO. OH. COMMISSIONERS, DO YOU MIND IF I ASK THE APPLICANT? YEAH.

APPLICANT. MAGGIE, YOU LOOK QUITE DASHING. WOULD YOU MIND STATING YOUR NAME FOR ME? MAGGIE HAD A PET EMERGENCY. YOU'RE FINE. WHAT'S YOUR NAME? I'M TIM CRAFTON WITH DOLPHIN INDUSTRIAL, THE OWNER OF THE PROJECT. THANK YOU. SO I GUESS A COUPLE OF THINGS I WOULD SAY ABOUT THIS TYPICALLY IN THE REALLY, YOU KNOW, I, I HATE THE IDEA, WHETHER IT'S IN MY FRONT YARD OR ANYWHERE OF, YOU KNOW, GETTING RID OF A BEAUTIFUL TREE LIKE THAT, YOU KNOW, 29 INCH TREE. THE REALITY OF THIS 146 ACRE SITE IS THAT IT'S BASICALLY VERY POOR QUALITY, INVASIVE SPECIES. IT'S BASICALLY JUNK OUT THERE. SO THIS IS LIKE THE ONE NICE TREE THAT'S OUT THERE. WHAT WE'LL BE DOING IS WE'LL BE GOING IN AND WE'LL BE FIXING ALL THE DRAINAGE THAT DOES. IT'S NOT WORKING CORRECTLY RIGHT NOW ALL THE WAY AROUND THE SITE. AND THEN WHAT MICHAEL SAID IS CORRECT ON THE NUMBER OF TREES. WE'RE GOING BACK. REALLY, THE ONLY WAY THAT YOU CAN COMPARE APPLES TO APPLES IS JUST TO COMPARE CALIPER INCHES. AND I THINK WE'RE, I DON'T KNOW, 30 OR 40% ABOVE WHAT'S CURRENTLY OUT THERE THAT WE'RE REPLACING.

OBVIOUSLY THOSE AREN'T FULLY MATURE. LIKE LIKE SOME OF THESE ARE FULLY MATURE, BUT THOSE ARE FEW AND FAR BETWEEN. THEY'RE FEW AND FAR BETWEEN. SO WE WOULD BE OPEN TO TRYING TO MOVE A TREE LIKE THIS. BUT AND AGAIN, I WOULD HAVE TO GET WITH, YOU KNOW, AN ARBORIST OR SOMEBODY THAT REALLY KNOWS WHAT THEY'RE TALKING ABOUT. BUT A TREE THAT SIZE THAT'S 29IN IN CALIPER, REALLY BIG TREE PROBABLY BE REALLY EXPENSIVE TO MOVE THAT TREE. LIKE I SAID, I THINK

[02:00:03]

WE'RE ALREADY DOING LANDSCAPING KIND OF OVER AND ABOVE. IT'S GOING TO BE WAY IMPROVED OVER WHAT IT CURRENTLY IS ENVIRONMENTALLY. IT'S JUST A NIGHT AND DAY ENVIRONMENTAL DIFFERENCE. ON WHAT'S GOING TO HAPPEN ON THIS SITE COMPARED TO WHAT IT CURRENTLY IS, WHICH IS A DYSFUNCTIONAL, POORLY DRAINING, INVASIVE, SPECIES RIDDEN 146 ACRES. SO WHAT I WOULD SAY IS WE'RE HAPPY TO, YOU KNOW, CONSIDER EVEN MORE LANDSCAPING SOMEWHERE. YOU KNOW, WE'RE I THINK IT'S 1100 TREES THAT WE'RE GOING TO BE SOMETHING LIKE THAT. MICHAEL.

IS THAT RIGHT? YES. THAT WERE 11 BACK IN PLANTING. 11, TEN, AT LEAST 33 CALIFORNIANS. YEAH.

WE CAN PLANT ANOTHER TEN TREES, YOU KNOW, SOMEWHERE. WHAT IF THAT'S IF THAT MOVES THE NEEDLE FOR SOMEBODY. BUT YOU KNOW, THE THE CONSIDERATION OF WHERE THIS DRAINAGE IS, WHERE THIS TREE IS, THERE'S BEEN IT'S NOT LIKE THIS HAS BEEN A LIGHT QUICK DECISION. THERE'S BEEN TWO AND A HALF YEARS OF ENGINEERING THAT'S GONE INTO THIS. THERE ARE UTILITIES RUNNING ALL OVER THE PLACE. THERE'S ATMOS, HIGH PRESSURE GAS LINES RUNNING THROUGH THAT AREA. THAT'S ONE OF THE REASONS WHY WE CAN'T. IS THAT WHAT THOSE DASHED LINES ARE IS THE ATMOS. YEAH. SO THEY'VE GOT 150 FOOT HIGH PRESSURE GAS LINE EASEMENT. THERE'S ALL SORTS OF STUFF GOING ON OKAY. SO THE REDESIGN OF THE DETENTION POND ISN'T AT THIS POINT. IT ISN'T FEASIBLE.

THERE'S THERE'S SO MANY, YOU KNOW, WHERE THE MANVILLE WATER LINE IS GOING TO GO, WHERE BLUEBONNET LINES ARE, WHERE THEY'RE GOING TO RUN ALL THEIR LINES. AND WE'RE TRYING TO DODGE VARIOUS EASEMENTS. AND YES, THE SITE DRAINS NORTH TO SOUTH. THIS IS AT THE SOUTHERN END OF THE OF THE SITE DOWN BY HILL LANE. THAT'S WHERE THE WATER WANTS TO GO. THAT'S, THAT'S THAT'S WHERE THE WATER. THAT'S WHERE THE TREE IS DOING. SO GREAT. SO YEAH, THE ONLY THE ONLY TREE ON THE PARCEL, AS YOU STATED YOU GOT IS BECAUSE IT'S IN THE IT'S IN THE DRAIN FIELD NOW. ALL RIGHT. SO WE'RE, WE'RE HAPPY TO DO INSTEAD OF 1110 1120, YOU KNOW TREES. BUT AS FAR AS SPENDING HALF $1 MILLION I'M SORRY. YEAH. HALF 1 MILLION OR $1 MILLION TO MOVE ONE TREE.

IT IS NOT. YEAH. THANK YOU SIR, NOT SOMETHING I WAS IN MY. I WITHDRAW MY FRIENDLY AMENDMENT.

COMMISSIONER. I JUST HAD A QUESTION FOR THE APPLICANT. JUST SOMETHING I INQUIRED ABOUT EARLIER AS TO EXTEND OR THE POSSIBILITY OF EXTENDING THAT POND UNDERNEATH THAT ALLEYWAY OR STREET OR WHATEVER YOU WANT TO CALL IT, THAT GOES EAST TO WEST THERE. BECAUSE I'VE SEEN AT THE SOUTHERN PART OF THE SITE. NO, NO, INSTEAD OF WHERE THE I THINK THE, THE TREE, THE DRIVE THERE, THE DRIVE EAST TO THE WEST OR TWO DRIVES. YEAH. GOES ACROSS THE EASEMENTS THERE.

YEAH. A LITTLE FURTHER OUT THERE. THEY'RE OUT THERE. THERE'S A LANE ACROSS THERE I'M SEEING. EXCUSE ME, I HAVE SEEN DETENTION PONDS UNDER BUILDINGS TO MAKE ROOM FOR THE BUILDING.

SO I'M NOT CONVINCED THAT YOU COULDN'T EXTEND. YOU'RE TALKING ABOUT PULLING THE DETENTION POND TO THE NORTH AND GETTING UP ABOVE WHERE THAT WHERE THAT ONE TREE IS EVEN INCLUDING, YOU KNOW, UNDERNEATH. YEAH. CREATING A BRIDGE. BASICALLY ALL OF THAT WATER, THE PLACE WHERE IT WANTS TO BE MORE THAN ANY OTHER PLACE, IS RIGHT WHERE THAT TREE IS, RIGHT AT THE SOUTHERN PART OF THAT SITE. YEAH. SO IT DOESN'T HELP US TO MOVE IT NORTH, NOR NOR DO WE HAVE THE ROOM TO DO IT ANYWAY FOR 17 DIFFERENT REASONS. UNFORTUNATELY, THIS MAP DOESN'T HAVE TOPO LINES ON IT, DOES IT? NO, THIS IS JUST SHOWING EASEMENTS. THAT'S RIGHT. OKAY.

SO FOR FOR YEAH. FOR ME ON 140 ALMOST 47 ACRES TO HAVE ONE TREE LIKE THIS THAT WE HAVE ONE CONFLICT WITH AND WE'RE PLANTING 1110. YEAH. THAT FEELS LIKE WE'VE PRETTY THOROUGHLY WE'VE MITIGATED GOOD. FEELS LIKE WE'VE DONE REALLY WELL. OKAY. COMMISSIONERS, DO YOU HAVE QUESTIONS TO THE MOTION? AMENDMENTS TO THE MOTION. SUBSTITUTE MOTION. COMMENTS OR QUESTIONS FOR THE DIAS. ALL RIGHT. THE MOTION ON THE FLOOR RIGHT NOW IS TO POSTPONE TO SHOW DUE DILIGENCE FOR THE APPLICANT TO SHOW DUE DILIGENCE UNTIL OUR NEXT MEETING IN NOVEMBER. I WILL CALL A VOTE. ALL THOSE IN FAVOR OF THIS MOTION TO POSTPONE, PLEASE

[02:05:01]

RAISE YOUR HAND. ALL THOSE OPPOSED. THE MOTION PASSES 3 TO 1. THIS MOTION. THIS ITEM WILL BE POSTPONED TO THE NOVEMBER MEETING TO EXPLORE DUE DILIGENCE. STENCILING AGAINST ON THAT ONE. COMMISSIONERS, THAT IS THE LAST ITEM OF BUSINESS ON TONIGHT'S AGENDA. I WILL ENTERTAIN A MOTION TO ADJOURN. I MOVE THAT WE ADJOURN. I HAVE A MOTION FOR COMMISSIONER NEELY TO ADJOURN. DO I HAVE A SECOND, SECOND, SECOND BY COMMISSIONER ABBOTT? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

* This transcript was compiled from uncorrected Closed Captioning.

Oct 08, 2025 Planning and Zoning Commission

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