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[1. Call to Order ]

[00:00:07]

TEXAS, IF EVERYONE WILL PLEASE STAND FOR THE INVOCATION, WHICH WILL BE LED BY COMMISSIONER PORCH.

GOOD EVENING.

GOOD EVENING.

DEAR HEAVENLY FATHER, THANK YOU FOR THIS AMAZING EVENING AND THIS INCREDIBLE TOWN, UH, THAT WE GET TO CALL HOME.

AND, UH, THANK YOU FOR, UM, ALL THE FOLKS THAT, UH, SERVE ON THIS BOARD.

THEY ALL HAVE A HEART FOR WAXAHATCHEE, AND SO DO THE CONSTITUENTS HERE AND HERE TO VOICE THEIR OPINIONS.

AND I, I PRAY THAT, UM, YOU WOULD OPEN OUR EARS AND LET US, UH, DELIBERATE THOUGHTFULLY AND RESPECTFULLY, AND THAT, UM, EVERYTHING WOULD GO ACCORDING TO YOUR WILL TONIGHT.

UM, TO, TO FURTHER YOUR KINGDOM AND THE, AND THE BENEFIT OF WAXAHATCHEE, UH, THE PLACE WE GO HOME.

IN JESUS NAME.

AMEN.

AMEN.

AMEN.

NEXT IS PUBLIC COMMENTS.

PEOPLE HAVE, UH, THAT HAVE SUBMITTED A PUBLIC APPEARANCE CARD MAY ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY ISSUES.

THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COMMISSION ON ANY CONCERN, WHETHER ON THE AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.

THE COMMISSION MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT AS AUTHORIZED BY SECTION 5 51 0.042 TEXAS GOVERNMENT CODE.

WE HAD ZERO PEOPLE TO SIGN UP FOR PUBLIC COMMENTS.

NEXT

[4. Consent Agenda]

IS, UM, OUR OPEN ISSUES AND WE HAVE OUR CONSENT AGENDA.

ALL MATTERS LISTED UNDER ITEM FOUR ARE CONSIDERED ROUTINE BY PLANNING AND ZONING COMMISSION AND WILL BE ENACTED BY ONE MOTION.

THERE WILL NOT BE SEPARATE DISCUSSIONS OF THESE MATTERS.

APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE PLANNING AND ZONING COMMISSIONER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM.

ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE PLANNING AND ZONING COMMISSION.

THE CHAIR WILL ENTERTAIN A MOTION, MOVE TO APPROVE CONSENT AGENDA, SUBJECT TO THE RECOMMENDATIONS OF STAFF.

SECOND.

SECOND.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

ALL OPPOSED, SAME SIGN.

MOTION CARRIES.

[5. Public Hearing on a request by Gina McLean, Nationwide Construction for a Specific Use Permit (SUP) for a Noxious Use within a Light Industrial-2 (LI-2) zoning district located at 4740 North Interstate 35E (Property ID 188456) – Owner(s): Nutrenare-Ag Inc (ZDC 183-2025)]

NEXT IS ITEM NUMBER FIVE, PUBLIC HEARING ON A REQUEST BY GINA MCCLEAN, NATIONAL CONSTRUCTION FOR A SPECIFIC USE PERMIT FOR NOXIOUS USE WITHIN A LIGHT INDUSTRIAL TWO ZONING DISTRICT LOCATED AT 47 40 NORTH INTERSTATE 35 EAST PROPERTY ID 1 8 8 4 5 6.

OWNER NUTRI DASH AG INC.

ZDC DASH 180 3 DASH 2025.

SENIOR PLANNER, UH, REAL QUICK, UH, BEFORE WE DO THAT, I'D JUST LIKE TO, IS THERE A WAY I COULD TAKE A MINUTE REAL QUICK TO NTRODUCE OUR NEW MEMBERS? YES, SIR.

ALRIGHT.

THANK YOU.

UH, ON OUR COMMISSION TODAY, WE HAVE A NEW, UH, COMMISSIONER.

UM, HER NAME IS, UH, TWILA, MS. TWILA U WILLIAMS. UM, SHE CAME TO THE COMMISSION JUST THIS WEEK, SO IT'S OUR FIRST MEETING.

WE'RE VERY EXCITED TO HAVE HER HERE WITH HER EXPERIENCE.

UM, BEING ABLE TO LOOK AT CASES IN A NEW LIGHT.

WE'RE ALWAYS EX UH, EXCITED FOR THAT.

UM, ALSO, WE HAVE A NEW, UH, COUNCIL LIAISON, COUNCIL, TR COUNCILMAN, UH, TRAVIS SMITH.

WE JUST WELCOME BOTH OF YOU, UH, TODAY PLANNING COMMISSION.

WE LOOK FORWARD TO WORKING WITH YOU IN THE FUTURE.

THANK YOU.

THANK YOU.

TR SENIOR PLANNER.

GOOD EVENING COMMISSION.

UH, ZDC DASH 1 8 3 DASH 2 0 2 5.

THE APPLICANT IS REQUESTING AN APPROVAL OF A SUP FOR A NOXIOUS USE, WHICH IS FOR NEUTRON AIR AVINA, LOCATED AT 47 40 NORTH INTERSTATE 35 E NUTRA AIR IS PROPOSING TO ADD CHEMICALS TO THEIR CURRENT INVENTORY.

CURRENTLY, THEY ARE OPERATING WITHOUT AN APPROVED SUP AND THE USE IS CONSIDERED EXISTING AND NONCONFORMING.

THE SUBJECT PROPERTY IS LOCATED WITHIN THE HEAVY INDUSTRIAL AND LIGHT INDUSTRIAL TWO ZONING DISTRICTS, WHICH REQUIRES A SUP TO BE APPROVED BY CITY COUNCIL FOR THE USE.

THE APPLICANT HAS ADDRESSED ALL OF THE SITE REQUIREMENTS SET BY THE CITY'S ZONING ORDINANCE, AND I DO HAVE A LIST OF, UM, SITE IMPROVEMENTS THAT THEY PROVIDED.

UH, IF YOU NEEDED A LIST OF IT OR IF YOU WANT ME TO LIST IT ALL OUT FOR THE RECORD, PLEASE LET ME KNOW.

UM, WE HAVE RECEIVED CALLS CONCERNING THIS APPLICATION REQUEST.

HOWEVER, STAFF RECEIVED NO LETTERS IN SUPPORT OR OPPOSITION FOR THIS REQUEST.

WHILE THE APPLICANT HAS ADDRESSED STAFF'S COMMENTS PERTAINING TO THE CITY'S UH, ZONING ORDINANCE, STAFF IS CONCERNED ABOUT THE SAFETY AND WELLBEING OF THE RESIDENCE OF THE CITY.

THEREFORE, STAFF RECOMMENDS DENIAL OF THE SUP APPLICATION PRO UH, REQUEST.

HOWEVER, IF YOU RECOMMEND APPROVAL OF THIS SGP APPLICATION REQUEST, STAFF HAS PROVIDED A LIST OF CONDITIONS THAT THE APPLICANT SHALL MEET AND STAFF

[00:05:01]

AND THE APPLICANT ARE HERE FOR.

ANY QUESTIONS.

THANK YOU.

ANN, ANY QUESTIONS FOR STAFF FROM THE COMMISSIONERS? ACTUALLY, HONOR, I HAVE A QUESTION.

SO TO CONFIRM, THEY'RE, THEY'RE ALREADY OPERATING AND BY WAY OF OPERATION WITHOUT THE SUP, IT'S OUT OF COMPLIANCE, WOULD YOU SAY? CORRECT.

HOWEVER, THE USE HAS BEEN THERE FOR WELL OVER TWO YEARS.

AND SO THEREFORE WE CONSIDER THAT LEGAL, UM, LEGAL LEGALLY OPERATING AND IS CONSIDERED EXISTING AND NON-CONFORMING.

WHAT'S THE PROXIMITY TO THE SCHOOL? THIS IS NEAR THE SCHOOL, RIGHT? YES, CORRECT.

A QUARTER OF A MILE FROM LIFE SCHOOL, PROBABLY THREE TENTHS.

OKAY.

AND PROBABLY A MILE FROM SHACKLEFORD ELEMENTARY.

UH, WE WILL NEED TO CONFIRM THAT.

WE CAN CONFIRM THAT AFTER THE MEETING.

ANY MORE QUESTIONS FROM STAFF? YE YES.

HOW DOES THE CITY EVALUATE THE, LIKE WORST CASE SCENARIO OR THE CHEMICAL REACTION THAT COULD TAKE PLACE WITH THE CHEMICALS THAT ARE, UH, IN THE PLANT? SO YEAH, THERE'S A, I'LL GO AND ANSWER THAT.

UM, SO THERE'S A, FOR THIS SPECIFIC APPLICATION WE WENT THROUGH, UM, THEY HAD TO GO THROUGH A PART REVIEW.

UM, ONE OF OUR MAJOR CONCERNS WAS, WAS THAT ISSUE, UH, WE DID HAVE THEM MEET WITH THE FIRE DEPARTMENT, FIRE MARSHAL'S OFFICE.

UM, THE PROPOSED REQUEST IS MEETING THE RE REQUIREMENTS OF FIRE CODE.

UM, WITH OUR USE, OUR CONCERN IS, YOU KNOW, WORST CASE SCENARIO OF WHAT HAPPENS, THERE'S MAGNA BLEND WHERE, UM, THERE'S A USE THAT'S MEETING FIRE CODE, BUT WORST CASE SITUATION HAPPENS.

UM, AND THEN YOU END UP WITH AN EVENT THAT HAS NEGATIVE IMPACT ON THE SURROUNDING AREA.

SO THAT'S THE REASON FOR OUR RECOMMENDATION.

OKAY.

MAD I HAVE ANOTHER QUESTION FOR ON.

YOU HAD MENTIONED THAT THEY'RE, OR THE, THEY'RE CURRENTLY OPERATING OUTSIDE OF COMPLIANCE, HOWEVER THEY'RE OPERATING LEGALLY.

DOES DOES THAT MEAN THAT BE BECAUSE IT'S BEEN TWO YEARS OR I I JUST DON'T UNDERSTAND THAT.

YEAH, SO, UM, AT THE TIME THAT THEY WERE OPERATING THE, FROM OUR, AT THE TIME OF OPERATION, UM, IF THE USE WAS LEGALLY ESTABLISHED, MEANING PER OUR ZONING REGULATIONS, IT WAS PERMITTED, UM, OR THROUGH SOME SORT OF ZONING PERMIT PROCESS OR SOME SORT OF VETTING PROCESS IS PERMITTED, UM, THEY WOULD BE CONSIDERED.

AND THEN, AND THEN OUR CODES CHANGE OR, UM, THINGS CHANGE.

IT WAS DETERMINED THAT AN SP SHOULD HAVE BEEN REQUIRED WHEN IT WAS NEVER ACQUIRED.

ANY KIND OF CHANGE OR ALTERATION OF THE PLAN WOULD REQUIRE THEM TO COME INTO CONFORMANCE.

AND SO THAT'S WHERE THEY WOULD FALL UNDER THE LEGAL NON-CONFORMING.

SO LET ME MAKE SURE I UNDERSTAND.

AT THE TIME THAT THEY STARTED DOING THIS, THEY WERE, IT WAS A LEGAL BUSINESS.

THEY COULD HAVE APPLIED, THEY DIDN'T.

NOW THEY'RE NONCOMPLIANT PURSUANT TO NEW STATUTE FROM, FROM MY UNDERSTANDING, UM, THE USE WAS, WAS PERMITTED BY THE CITY AT THE TIME.

THEY PULLED PERMITS FOR WHAT THEY WERE DOING.

NOW, IF THERE WAS AN OVERSIGHT BY THE CITY, UH, NOT REALIZING THIS USE REQUIRE AN SCPI, I COULDN'T ANSWER FOR STAFF AT THAT TIME.

UM, BUT WHEN THEY CAME IN TO LET US KNOW ABOUT THE CHANGES OF THE USE, THE EXPANSION, UM, THAT'S WHEN WE TRIGGERED THE REQUIREMENT FOR THE SUP FOR THE PROPERTY.

AND HAS THE CORPORATION PROVIDED ANY EVIDENCE OF THEM SUPPLYING THOSE DOCUMENTS TO THE CITY IN THE OFF CHANCE THAT THERE WAS AN OVERSIGHT? MEANING THEY'RE PUTTING IF THE, I DON'T KNOW WHO THE BURDEN'S ON, BUT I'M ASKING HAVE THEY PRODUCED EVIDENCE OF THAT? SO IF THEIR EXISTING USE WAS BEING CHALLENGED, IF IT WAS PERMITTED BACK IN THE DAY.

UM, I, I'M NOT AN ATTORNEY AND SO I'M NOT GONNA GIVE ANY LEGAL ADVICE OR DIRECTIONS.

IN MY EXPERIENCE, WHAT I'VE SEEN IS THE BURDEN OF PROOF WOULD GENERALLY FALL ON THE APPLICANT TO BE ABLE TO PROVE THAT IF THE CITY WAS TRYING TO REVOKE THEIR USE FROM BEING AT THIS ESTABLISHED LOCATION.

UM, AT THIS POINT IN TIME, THE CITY'S NOT TRYING TO REVOKE WHAT'S CURRENTLY THEIR CURRENT OPERATIONS.

SO WE'RE NOT CHALLENGING THEM TO PRODUCE DOCUMENTATION TO SHOW

[00:10:01]

THAT THEY WERE LEGALLY ESTABLISHED TWO YEARS PRIOR.

UM, IN THIS CASE, I, I THINK IT WOULD BE, UH, WE WOULD REQUEST DOCUMENTATION FROM THEM, BUT WE WOULD ALSO GO THROUGH OUR RECORDS, UH, PERMITTING.

UM, TRYING, TRYING TO FIND A, A HISTORY OF HOW THIS GOT PERMITTED AT THAT TIME.

I, I JUST KNOW WITH THE CURRENT REQUEST AND THE EXPANSION, IT DID TRIGGER THE SUP REQUIREMENT AND THAT'S WHY WE'RE, THIS REQUEST IS IN FRONT OF YOU.

UNDERSTOOD.

THANK YOU.

ANY MORE QUESTIONS FOR STAFF? IS THE APPLICANT HERE, COULD YOU PLEASE COME FORWARD? STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

GOOD EVENING.

I'M GINA MCCLAIN.

ADDRESS, 7 21 SOUTH FIFTH AVENUE IN MANSFIELD FOR NATIONWIDE CONSTRUCTION.

AND I CAN ANSWER A COUPLE OF YOUR QUESTIONS.

THE ORIGINAL BUILDING WAS PERMITTED IN 2013 AND WE DID THROUGH GO THROUGH CITY COUNCIL AND EVERYBODY FOR APPROVAL FOR THE CONSTRUCTION OF THE SITE BACK THEN, AS WELL AS THE TWO ADDITIONAL, THE BUILDING WE'RE WANTING TO MODIFY NOW, WHICH IS THE NORTH BUILDING, WAS BUILT ABOUT FOUR YEARS AGO AND PERMITTED AT THAT TIME, AN SUP WAS NOT EVER ASKED OR MENTIONED DURING OUR PERMITTING PROCESS 'CAUSE I WAS THE ONE THAT DID IT.

, UNFORTUNATELY NOW WE HAVE BEEN WORKING WITH STAFF, LIKE HE SAID, FOR SEVEN MONTHS ON THIS PROJECT.

'CAUSE THEY'RE WANTING TO BRING IN ADDITIONAL PRODUCTS TO MANUFACTURE AT THIS LOCATION.

SO WE HAVE WENT THROUGH NUMEROUS REVIEWS WITH THEM TO MAKE SURE WE MEET CODE COMPLIANT AND LIKE HE SAID, WE MEET FIRE CODE, WILLING TO MEET UP THE FIRE CODES, ADD ADDITIONAL CURBING INSIDE OUR BUILDINGS AND EVERYTHING, AND MEET ALL THEIR RECOMMENDATIONS OR ANY ADDITIONAL RECOMMENDATIONS YOU AS A STAFF MIGHT COME UP WITH FOR US.

NOW, I DID BRING A TEAM WITH ME.

THEY CAN ADDRESS SOME OF Y'ALL'S OTHER COMMENTS AND QUESTIONS AS FAR AS THE, UH, OTHER CHEMICAL REACTIONS.

THEY'RE MY PROS.

THAT'S THE REASON I HEARD THEM.

AND I'D LIKE TO INTRODUCE KEITH FIRST.

HE CAN COME UP AND ADDRESS YOU.

AND THEN I ALSO HAVE RAMBLE HERE WHO'S A CHEMICAL EXPERT AND A FIRE PREVENTION EXPERT WITH ME.

THANK YOU SO MUCH.

BE HI.

COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? YES, UH, GOOD EVENING.

MY NAME'S KEITH MATTHEWS.

UH, I AM AN ATTORNEY FROM WASHINGTON, D FROM WASHINGTON DC AREA.

I LIVE IN ROCKVILLE, MARYLAND, 2 0 8 5 3.

UH, AND I WANNA START OFF WITH, I AM AN ATTORNEY, BUT I'M NOT A ZONING OR LAND USE ATTORNEY.

UH, I STARTED WORKING ON THIS PROJECT VERY RECENTLY WITH, UH, NUTRI AIR AG.

I HAVE BEEN A CHEMICAL REGULATION ATTORNEY FOR COSMO CELL AND NUT NUTRI AG FOR MANY, MANY YEARS.

I'M VERY EXPERIENCED IN CHEMICAL REGULATION AT THE EPA AND THE FEDERAL LEVEL.

UH, HOWEVER, I HAVE A VERY GOOD REPUTATION WITH THEM FOR BEING VERY DETAILED ORIENTED.

SO WHEN THEY RECEIVED THE FIRST SET OF COMMENTS AND REQUESTS FOR INFORMATION FROM THE, UH, FROM THE STAFF, THEY ASKED ME TO ASSIST THEM IN TERMS OF PUTTING THEIR RESPONSE TOGETHER, UH, TO MAKE SURE THAT THEY WERE FULLY RESPONSIVE TO THE REQUEST FOR INFORMATION AND FOR THE, THE QUESTIONS THAT THEY WERE ASKED.

AND SO WE DID THAT.

UM, AND YOU KNOW, I'M ACTUALLY VERY PLEASED.

I THINK WE DID A VERY GOOD JOB WITH THAT.

UH, STAFF HAS ACKNOWLEDGED THAT I, I I BELIEVE IT'S FAIR TO SAY THE STAFF HAS ACKNOWLEDGED THAT.

UH, AND SO I WILL SAY THAT WHEN WE RECEIVED THE STAFF DOCUMENT LAST WEEK, AND IT INDICATED THAT THERE WAS A UNPERMITTED, UH, USE OR USE, UH, A CURRENT USE THAT REQUIRED AN SUP, WE WERE VERY SURPRISED BY THAT.

UH, AND THAT, UH, TRIGGERED, UH, A LOT OF WORK OVER THE LAST COUPLE OF DAYS, THE LAST FEW DAYS TRY TO FIGURE OUT WHAT WAS GOING ON THERE BECAUSE THE, THE, UH, CORPORATION HAS NEVER, YOU KNOW, THEY'RE, THEY'RE A LONG TIME CORPORATE CITIZEN OF WAXAHATCHEE.

YOU KNOW, THEY, MS. MCLEAN SAID THEY'VE BEEN HERE SINCE 2013.

THEY NEVER HAD ANY INTENTION OF NOT MEETING THEIR LEGAL OBLIGATIONS.

AND SO WE WERE TRYING TO FIGURE OUT WHAT WAS GOING ON WITH THAT.

AND WE ACKNOWLEDGE THAT THE, UH, CURRENT USES, UM, IF PERMITTED NOW, WOULD REQUIRE AN SUP.

AND WE CERTAINLY APPRECIATE THE EXPLANATION THAT WAS GIVEN.

'CAUSE THAT ACTUALLY GAVE ME A LOT OF, UH, INSIGHT INTO THE SITUATION.

UM, WHAT THE STAFF AT THE, UM, AT THE FACILITY HAS BEEN FOCUSED ON IS THEIR TIER TWO EP R RESPONSE, UH, REPORTING RESPONSIBILITIES.

SO ALL OF THE CHEMICALS THAT ARE ON SITE HAVE BEEN REPORTED AS REQUIRED

[00:15:01]

TO THE STATE OF TEXAS, UH, TO THE FEDERAL GOVERNMENT AND TO THE, UH, EMERGENCY MANAGEMENT, UH, STAFF HERE IN WAXAHATCHEE.

UH, AND SO THAT WAS THEIR PRIMARY CONCERN.

THEY WEREN'T FAMILIAR WITH THE REQUIREMENT FOR THE ZONING, UM, YOU KNOW, TO UPGRADE THE ZONING.

NOW WE ARE, AND WE'RE CERTAINLY VERY HAPPY TO GO THROUGH THAT.

UH, WITH RESPECT TO THE, UM, THE, UH, WHAT THEY'VE DONE WITH RESPECT TO THEIR REQUIREMENTS FOR EMERGENCY, UH, MANAGEMENT AND THE FIRE DEPARTMENT.

MR. WINERY IS GONNA SPEAK TO THAT IN A COUPLE OF MINUTES.

UH, BUT I JUST WANTED TO GO THROUGH A COUPLE OF OTHER THINGS.

SO UNDER, IN THE STAFF DOCUMENT, UNDER STAFFED CONCERNS, STAFF ACKNOWLEDGES THAT, UM, THE PROPOSED SITE IMPROVEMENTS MEET OR EXCEED ALL OF THE, UH, APPLICABLE CITY CODE REQUIREMENTS.

AND, YOU KNOW, WE THINK THAT'S ACTUALLY VERY IMPORTANT.

AGAIN, THE COMPANY IS A RESPONSIBLE CORPORATE CITIZEN OF WAXAHATCHEE.

THEY HAVE NO INTENTION OF OPERATING IN ANY MANNER THAT IS NOT CONSISTENT WITH THE REQUIREMENTS THAT THAT WAXAHATCHEE HAS.

AND SO THAT'S WHAT THEY'VE INTENDED TO, THAT'S WHAT THEY'VE BEEN DOING, THAT'S WHAT THEY INTEND TO DO.

AND SO, UM, I WILL SAY THAT NOTWITHSTANDING THE STAFF'S INITIAL RECOMMENDATION TO DENY THE APPLICATION, THEY DID SAY THAT IF THE COMMISSION CHOOSES TO APPROVE IT, THAT THE COMMISSION DO SO WITH CONDITION.

WE'VE LOOKED AT THOSE CONDITIONS, WE'RE HAPPY TO MEET EVERY ONE OF THEM.

WE WILL DO EVERYTHING THAT IS REQUIRED OF US TO MEET THOSE CONDITIONS MOVING FORWARD.

UM, AND UM, AND I THINK PART OF SOME OF THOSE WERE ACTUALLY RELATED TO THE FACT THAT CHEMICALS WERE NOTED TO THE CITY PREVIOUSLY.

THEY STARTED USING ADDITIONAL CHEMICALS, WHICH WASN'T DISCOVERED UNTIL THE APPLICATION CAME THROUGH.

ONE OF THE CONDITIONS IS ANY ADDITIONAL CHEMICALS THAT ARE USED SUBSEQUENT TO THE PERMITTING WILL BE IDENTIFIED.

ABSOLUTELY.

WE HAVE NO PROBLEM WITH DOING THAT.

WE WILL IN FACT, UH, IMPOSE NEW PROCEDURES AT THE PLANT TO MAKE SURE THAT NOT ONLY, UH, IS EMERGENCY MANAGEMENT TAKEN CARE OF, NOT ONLY ARE THERE TIER TWO REQUIREMENTS, REPORTING REQUIREMENTS MET, BUT THEY WILL MAKE, DO EVERYTHING POSSIBLE TO MEET ALL OF THEIR ZONING REQUIREMENTS GOING FORWARD.

AND SO WITH THAT, THE, UH, STAFF DID NOTE SOME SPECIFIC CONCERNS THAT THEY HAVE.

AND NOW I'M GONNA TURN IT OVER TO THE TECHNICAL PEOPLE TO TALK ABOUT THOSE CONCERNS.

THANK YOU SO MUCH.

MM-HMM .

GOOD EVENING.

COULD YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD? YES.

MY NAME IS MICHELLE MENSING.

UM, ADDRESS, TEN THREE THREE THREE RICHMOND AVENUE, HOUSTON, TEXAS.

UM, GOOD EVENING.

I'M WITH RAMBLE AND I'VE BEEN PART OF THE TEAM SUPPORTING, UH, THIS PROJECT EFFORT FROM AN ENVIRONMENTAL STANDPOINT.

UM, I'M A LICENSED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS.

UH, AND IF YOU'RE NOT FAMILIAR WITH RAMBLE, WE'RE A GLOBAL ENGINEERING AND ARCHITECTURAL FIRM.

UM, HAVE ABOUT 18,000, UH, FOLKS WORLDWIDE, ABOUT 2100 IN THE US AND WE HAVE A SPECIAL EXPERTISE WHEN IT COMES TO ENVIRONMENTAL CONSULTING AND INDUSTRIAL FACILITIES.

UM, SO SPECIFICALLY WITH THIS PROJECT, WE'VE, WE'VE BEEN SUPPORTING, ADDRESSING THE STAFF'S CONCERNS, UM, WHICH THEY'VE REITERATED IN, IN THIS RECOMMENDATION, AND I'M JUST GONNA READ IT AGAIN.

UM, GIVEN THE VOLATILITY OF THE CHEMICALS PROPOSED TO BE STORED ON SITE, A NATURAL DISASTER OR EMERGENCY EVENT SUCH AS A FIRE AFFECTING THE FACILITY COULD RESULT IN SIGNIFICANT ENVIRONMENTAL DAMAGE DISRUPTIONS TO REGIONAL TRANSPORTATION INFRASTRUCTURE OR THE EVACUATION OF NEARBY AREAS.

STAFF BELIEVES, STAFF BELIEVES THESE POTENTIAL IMPACTS COULD HAVE SUBSTANTIAL NEGATIVE CONSEQUENCES FOR THE SURROUNDING COMMUNITY.

SO RECOGNIZE AND, AND WANT TO HELP DEFINE IS A POOR WORD, BUT UNDERSTAND WHAT THE REALM OF DAMAGE OR CONSEQUENCE COULD BE IN ONE OF THESE SIGNIFICANT EVENTS.

UM, SO I AM GONNA POINT TO VERY SPECIFIC PAGES IN THE APPLICATION , UM, WHICH I BELIEVE THAT DOES EVERYONE HAVE ON THE COMMITTEE? YES.

OKAY, EXCELLENT.

UM, SO PART OF EXHIBIT F, WHICH BEGINS ON PDF PAGE 58, WELL, I SHOULD SAY EXHIBIT F BEGINS EARLIER, BUT THE PART I'M GONNA TALK ABOUT BEGINS ON PDF PAGE 58, AND IT HAS A, A PICTURE WITH THE TITLE AIR AND WATER ANALYSIS FOR HYPOTHETICAL FIRE EVENT.

OKAY.

[00:20:08]

I'LL GIVE FOLKS A MOMENT.

SORRY.

OURS AREN'T NUMBERED THE SAME WAY.

THAT'S 20.

I APOLOGIZE, .

NO, NO, NO, NO.

IT'S NOT YOUR FAULT AT ALL.

IT'S NOT ANYONE'S FAULT.

OKAY, THANK YOU.

OKAY.

THERE'S A RAMBLE LOGO ON THE TOP LEFT CORNER, THAT'S WHAT WE'RE LOOKING FOR.

GOT IT.

THANK YOU.

YOU POST THAT.

OKAY.

OKAY, SURE.

UM, YEAH, SO WE WANTED TO LOOK AT AND HELP CRAFT A FRAME.

OKAY, WHAT, AGAIN, WHAT COULD WE BE TALKING ABOUT WITH A SIGNIFICANT EVENT? UM, THE FIRST PART OF THIS OF OUR ASSESSMENT METHODOLOGY WAS, OKAY, LET'S LOOK AT OTHER FACILITIES IN THE AGRICULTURAL PRODUCTS SPACE THAT HAVE HAD SIGNIFICANT FIRES OR EVENTS, UM, WHAT OCCURRED THERE.

UH, THEN LOOK AT THIS SPECIFIC FACILITY AND ITS CONDITIONS, HOW IS THAT SIMILAR DISSIMILAR? UM, AND THEN THE SPECIFIC FACILITY'S LOCATION, IF SOMETHING WERE TO HAPPEN, WHAT ARE WHAT CAN BE LIKELY IMPACTED? UM, AND EITHER RECOMMEND ADDITIONAL MITIGATIONS OR GO, WELL, OKAY, THAT'S, THAT'S UNLIKELY.

THAT HASN'T BEEN A MAJOR CONCERN.

MAYBE THAT'S NOT SOMETHING TO FOCUS ON.

UM, SO IN THE AGRICULTURAL PRODUCTS FIRE SPACE, WE NOTED THREE, UM, THREE COMMON ITEMS. WHEN FACILITIES HAVE HAD EVENTS, ONE BULK SOLID AMMONIUM NITRATE STORAGE, RIGHT? THAT'S, THAT'S THE THING THAT GOES BOOM, , UM, THAT IS NOT GOING TO BE PRESENT AT THIS FACILITY.

UM, TWO, THE FACILITY AND STORAGE CONFIGURATION.

SO WHERE THEY HAD THESE BULK SOLID MATERIALS MAY NOT HAVE BEEN IN THE PRESENCE OF FIRE SPRINKLERS OR INADEQUATE FIRE SPRINKLERS, OR MAY HAVE, UM, BEEN WITH OLDER WOODEN STRUCTURES.

AND THEN THREE WHERE THERE HAVE BEEN EVENTS AND THERE HAS BEEN FIREWATER APPLIED THAT SUBSEQUENT FIREWATER ONE-OFF CAN THREATEN NEARBY SURFACE WATERWAYS.

ABSOLUTELY.

UM, SO FROM THOSE EVENTS, COMMUNITIES HAVE LEARNED REGULATIONS AND CODES HAVE CHANGED.

UM, AND WE WON'T GET INTO THE SPECIFICS THAT HAVE CHANGED, BUT YOU KNOW, WE CAN APPLY THOSE.

I MEAN, WE DO APPLY THOSE CODES AND TO ANYTHING NEW GOING FORWARD.

SO, UM, YOU KNOW, NEW THINGS GOING FORWARD IF IT'S LOCAL COMMUNITY OR AT THE FEDERAL LEVEL, YOU KNOW, UPDATES TO CODES GIVEN PREVIOUS EVENTS.

SO WITH THOSE AGRICULTURAL PRODUCT ISSUES, UM, WHAT'S DIFFERENT ABOUT THIS PROPOSED FACILITY? ONE LIQUID VERSUS SOLID PRODUCTS, RIGHT? THIS IS ALL LIQUID PRODUCTS.

THE, THE BLENDING MIXING, UM, THE THINGS GOING OUT THE DOOR IN TOTES OR IN BOTTLES PACKAGED ON PALLETS.

UM, SO YES, SIGNIFICANT FIRES CAN AND HAVE OCCURRED AT FURTHER AGRICULTURAL PRODUCT FACILITIES WHERE THE AMMONIUM NITRATE BULK SOLID IS STORED.

THAT'S NOT THE CASE HERE.

UM, SECOND IS THE METHOD OF CHEMICAL STORAGE.

AGAIN, WE'RE NOT DEALING WITH BULK SOLID, SO WE'RE NOT GENERATING THAT EXPLOSIVE DUST.

UM, YES, THERE ARE PACKAGED LIQUIDS, YES, SOME ARE FLAMMABLE, BUT THAT CAN BE MANAGED.

UM, THREE, THE STRUCTURAL INTEGRITY.

THIS IS A NEWER FACILITY.

UM, IT'S BUILT WITH, YOU KNOW, UPDATED CODES, UM, AND IT'S NOT BUILT WITH READILY COMBUSTIBLE STRUCTURES.

UM, AND THEN I DO WANNA ADD A FOURTH, UM, THE METHOD WITH WHICH ZA MANUFACTURES ITS PRODUCT.

IT'S REALLY A, A BLENDING AND MIXING ACTIVITY.

YOU HAVE RAW MATERIALS, MIX 'EM IN TANKS, BLEND IT TO THE, TO THE RIGHT PRODUCT SPECIFICATION, AND THEN BOTTLE AND FILL.

UM, IN THAT BLENDING AND MIXING, THERE IS NOT A FORMATION OF NEW REACTIVE OR HAZARDOUS SUBSTANCES, UM, REACTIONS OCCURRING MIGHT BE PH NEUTRALIZATION, RIGHT? ACID BASE.

UM, BUT WE'RE NOT DEALING WITH SOMETHING THAT IF MISMANAGED COULD HAVE A RUNAWAY, YOU KNOW, THERMAL DEGRADATION OR A REACTION THAT COULD CAUSE AN EVENT.

UM, IT'S JUST NOT WHAT THIS PROCESS IS OR WHAT THESE CHEMICALS ARE ARE PROPOSED TO BE.

SO TO CONCLUDE THE, LET'S CALL IT LITERATURE REVIEW.

PART OF THIS, THIS FACILITY IN PARTICULAR, ESPECIALLY GIVEN THE PROPOSED UPGRADES, ARE JUST NOT CONDUCIVE TO A DEVASTATING FIRE.

UM, IN LOOKING AT SIGNIFICANT EVENTS THAT HAVE HAPPENED IN THE AGRICULTURAL SPACE, UM, YOU KNOW,

[00:25:01]

WHEN THERE'S SIGNIFICANT FIRES, THE EPA OR LOCAL AGENCIES DO COME OUT AND DO AIR MONITORING AND THERE HASN'T BEEN HAZARDOUS OR TOXIC, UM, AIR EMISSIONS REPORTED DURING THOSE FIRES.

UM, AND THEN RECOGNIZING, OKAY, FIRE WATER RUNOFF WHEN APPLIED, IF IT'S NOT MANAGED PROPERLY, THAT CAN THREATEN SURFACE WATERS.

UM, SO THAT'S IN THE, THE AGRICULTURAL PRODUCT SPACE.

UM, COMPARING PREVIOUS EVENTS TO THIS PROPOSED FACILITY, DO WANT TO DIVE A LITTLE DEEPER INTO, UM, A HYPOTHETICAL AIR PATHWAY AT THIS FACILITY AND THEN A HYPOTHETICAL WATER PATHWAY AT THIS FACILITY.

SO FROM THE AIR STANDPOINT, UM, YOU KNOW, WE'RE NOT GETTING INTO NITTY GRITTY DETAILS OR AIR DISPERSION MODELING, UH, WITH THIS ASSESSMENT BECAUSE IT IS A HYPOTHETICAL, OKAY, IF SOMETHING WERE TO HAPPEN AND EVERYTHING GOES IN FLAMES, UM, WHAT ARE WE LOOKING AT? SO WHAT WE DID LOOK AT, AND ACTUALLY THAT'S A GREAT SLIDE, UM, YOU HAVE UP THERE, WHAT THAT IS SHOWING IS, UH, THE PREDOMINANT WIND DIRECTION.

THIS IS ESTABLISHED FROM A WIND ROSE PLOT.

SO, UM, THIS DATA SHOWED THAT MORE THAN 95% OF THE TIME, THE PREVAILING WINDS ARE TO THE, TO THE NORTH NORTHWEST.

SO WHAT THAT MEANS, IF THERE WERE TO BE AN EVENT THAT IS LIKELY THE DIRECTION, UM, THAT SMOKE WOULD BE GOING, UM, WHICH IS NOT IN THE SAME DIRECTION AS AS RESIDENTIAL OR MAYBE OTHER SENSITIVE AREAS.

WELL, THE SCHOOL IS DIRECTLY NORTH, I MEAN DIRECTLY, SORRY, ACROSS THE HIGHWAY.

WENDLING MO ONLY HAVE A YEAR.

WELL, BUT ALSO JUST SAYING LIKE THAT'S THE, I MEAN, IF IT GOES NORTH, MIGRATIONS ARE REAL.

YEAH, WE'RE WAXAHATCHEE, BUT THAT IMPACTS OUR FRIENDS IN RED OAK.

SO I MEAN, I'M NOT, THAT DOESN'T DO ANYTHING TO SWAY ME, UM, BECAUSE IT'S STILL PEOPLE .

SO, UM, YEAH, I MEAN THAT'S, I I DON'T LIKE THAT YOU MAY, YOU MAY NOT BE PRIVY, BUT WE'RE STILL A LITTLE EDGY.

WE HAD AN EXPLOSION HERE, I DON'T KNOW IF YOU KNOW THAT.

SO, AND IT WASN'T FROM AN AMMONIA SULFATE, A POWDER, IT WAS FROM BLENDING CHEMICALS AND THE WIND WAS BLOWING SOUTHEAST.

UNDERSTAND, AND I'M, I'M NOT FAMILIAR WITH THE SPECIFIC DETAILS OF THAT INCIDENT TO, TO COMMENT MM-HMM .

UM, I GUESS THE OTHER THING WE COULD NOTE HERE IS THERE IS, UM, A BUFFER ZONE AROUND THE, THE MANUFACTURING BUILDING OPERATIONS AND THE NEARBY PROPERTIES.

SO THAT FURTHER SUPPORTS WHAT WE CONSIDER TO BE FAVORABLE SITE SPECIFIC CONDITIONS FOR THIS TYPE OF OBSERVATION, UH, OPERATION, EXCUSE ME.

SO RAMBLE'S ASSESSMENT OF THIS HYPOTHETICAL AIR PATHWAY IS THAT IT'S UNLIKELY THAT THIS WOULD PRODUCE SIGNIFICANT OR IRREVERSIBLE ADVERSE HEALTH EFFECTS IN THE EVENT OF A FIRE.

AND AGAIN, THAT'S BASED ON A REVIEW OF THE AGRICULTURAL SECTOR, YOU KNOW, OTHER INCIDENTS.

UM, THIS LOCATION DOES HAVE FAVORABLE SITE SPECIFIC CONDITIONS, UM, THE PREDOMINANT WINDS AND THE BUFFER ZONE.

UM, AND SO OUR RECOMMENDATIONS FROM AN AIR STANDPOINT WHERE THE FOCUS SHOULD BE ON, ON FIRE PREVENTION, WHICH IS QUITE FRANKLY PART OF CODE AND THE, THE PROPOSED OPERATIONS.

SO IS YOUR ANALYSIS BASED ON WHAT'S BEING BLENDED TODAY? IT'S IN THE FUTURE, BUT I WILL SAY WE DID NOT, BECAUSE THIS IS HYPOTHETICAL, IT'S NOT, OKAY, THIS CHEMICAL AND THIS CHEMICAL, IT, IT'S NOT THAT SPECIFIC.

IT'S AT A MUCH HIGHER LEVEL.

OKAY.

YOU HAVE A BUILDING WHERE THERE'S CHEMICALS IN IT THAT ARE OF CERTAIN CLASSES, UM, OKAY, IF THERE'S SMOKE, UM, IT'S GONNA GO THIS DIRECTION BASED ON OTHER AGRICULTURAL INCIDENCES, THERE HAVEN'T BEEN REPORTS OF, UH, TOXIC OR HAZARDOUS, UH, AIR EMISSIONS.

SO DOES THE HYPOTHETICAL BECOME CLOSER TO REALITY WITH THE PLANS FOR WHAT WOULD BE COMING IF THIS WERE APPROVED? N NO, BECAUSE THE HYPOTHETICAL IS, IS VERY MUCH IF A, IF AN EVENT WERE TO OCCUR, PERIOD.

AND WE DON'T, I GUESS WE'RE NOT CONSIDERING, UM, IF THE, THE HYPOTHETICAL TO BECOME MORE REAL OR LESS REAL.

IF SURE IF THINGS, UM, IF MANUFACTURING OPERATIONS CHANGE, IT IS STILL A WORSE CASE.

HYPOTHETICAL, CAN'T

[00:30:01]

PUT A, THIS IS GONNA HAPPEN OF COURSE TO IT.

OF COURSE.

I GUESS JUST FOR CONTEXT, MY, MY THOUGHT PROCESS IS WE HAVE CHEMICALS THAT ARE BEING MIXED TODAY, AND THE PLAN IS TO EXPAND, I ASSUME, TO BRING IN MORE CHEMICALS OR DIFFERENT CHEMICALS THAT COULD INCREASE THE LIKELIHOOD OF AN EVENT.

THAT'S KIND OF, MAYBE I'M JUST LOOKING AT IT THE WRONG WAY.

I I UNDERSTAND THE, I GET THE THOUGHT PROCESS THERE MM-HMM .

UM, AND I GUESS I, I'D COME BACK TO THE TYPES OF MANUF, THE TYPES OF CHEMICALS THAT ARE BEING MIXED.

UM, AND THAT THERE ARE NOT, YOU KNOW, WHEN YOU'RE MIXING THEM, YES, THERE'S BLENDING, UM, THERE'S A LOT OF WATER BEING USED.

THE ONLY CHEMICAL REACTIONS OCCURRING ARE IN NEUTRALIZATION.

SO YOU KNOW, THAT'S YOUR ACID BASE, YOUR PH GOES UP, GOES DOWN.

UM, THERE'S NOT A NEW CHEMICAL SUBSTANCE, YOU KNOW, REACTIVE, HAZARDOUS, OTHERWISE BEING FORMED.

IT WOULDN'T BE, THERE'S NOT A, A REACTION THAT'S OCCURRING THAT IF NOT CONTROLLED TO SPECIFIC CONDITIONS COULD RUN AWAY IN, IN ONE WAY OR ANOTHER.

UM, IT'S, IT'S JUST NOT INHERENT TO THEIR PROCESS.

UNDERSTOOD.

THANK YOU SO MUCH.

YEAH, NO, THANK YOU.

ARE THERE ANY MORE QUESTIONS FROM THE COMMISSION? I DO HAVE A QUESTION.

SO YOU SAID THAT THERE ARE NO SOLIDS, IT'S ALL LIQUIDS.

THE PRODUCTS.

THE PRODUCTS.

OKAY.

YES.

OKAY, GOT IT.

I JUST WANTED TO MAKE SURE I UNDERSTOOD THAT.

AND I, I DID MISUNDERSTAND.

SO, UM, I GUESS MY CONCERN IS THAT WE HAVE A LIST HERE WITH ALMOST A HUNDRED HAZARDOUS MATERIALS ON IT.

AND WHILE I UNDERSTAND THAT TAKEN INDIVIDUALLY, THEY ARE NOT POTENTIALLY HARMFUL, WHAT HAPPENS IF THEY MIX TOGETHER? WHAT HAPPENS IF THERE'S A FIRE AND THESE HUNDRED HAZARDOUS MATERIALS MIXED TOGETHER? THAT THAT'S A BIG ISSUE? UM, YOU KNOW, MR. PORCH TALKED ABOUT OUR, OUR MAGNA BLEND EXPLOSION.

UM, MY DAUGHTER WAS A BABY AT HER BABYSITTER'S HOUSE, ABOUT HALF A MILE FROM MAGNA BLEND.

AND I WORRIED FOR SO LONG ABOUT WHAT HEALTH ISSUES SHE MIGHT HAVE BECAUSE OF ALL THOSE CHEMICALS MIXING AND THEN GOING INTO THE AIR.

UM, THANK GOD SHE DOESN'T HAVE ANY, BUT THE MIXING POTENTIALLY OF ALL OF THESE TOGETHER IS WHAT CONCERNS ME, ESPECIALLY SO CLOSE TO A SCHOOL.

CAN I DRAW THE COMMISSION'S ATTENTION TO SOMETHING ON THE MAP THAT I'M SURE TRINA CAN PROBABLY ZOOM IN ON? THAT MIGHT LEAD TO FURTHER QUESTIONS.

UM, TRINA, CAN, CAN YOU ZOOM IN BY ANY CHANCE ON THE PROPERTY ITSELF? LIKE ON A, YOU WANT A RIGHT, THERE'S FINE.

UM, CAN YOU ENHANCE THAT ANY, UH, THE TWO TANKS RIGHT THERE THAT ARE OUTSIDE OF THE FACILITY THAT ARE, UH, FENCED OFF BY CHAIN LINK FENCE? NOPE.

DOWN.

YEP.

THOSE, UM, OH, OPEN AIR TANKS.

UM, YEAH, UH, GIVEN THE COMMISSION, I I NOT ASKING ANYTHING, I'M JUST, IF THAT LEADS TO ANY FURTHER QUESTIONS OR THOUGHTS, CAN YOU TELL US ABOUT THOSE? I ABSOLUTELY CAN, AND I, I GUESS I'D LIKE THE OPPORTUNITY TO CONTINUE SPEAKING ABOUT THE, THE WATER CONSIDERATIONS 'CAUSE THAT, THAT WOULD FEED IN INTO THIS DISCUSSION, OF COURSE.

OKAY, SURE.

SO, UM, WATER PATHWAY, OUR REVIEW AND RECOMMENDATION, YES, FIRE WATER THAT WOULD, YOU KNOW, HAVE THE POTENTIAL TO CONTACT A MIXTURE OF CHEMICALS.

WE WANNA TRY TO MITIGATE THAT RUNOFF AS MUCH AS POSSIBLE.

THAT IS NOT SOMETHING THAT WE WANT TO ENTER A SURFACE WATER.

UM, SO THIS FACILITY IS, SOUTH GROVE CREEK IS, IS DOWN TO THE SOUTH.

UM, AND PART OF THE PROPERTY DOES LIE WITHIN THE, THE FEMA FLOOD ZONE.

UM, SO THE FEMA, THE A HUNDRED YEAR FLOOD ZONE YEP.

COMES UP JUST ABOUT TO WHERE THAT MOUSE GOES.

UM, THE 500 YEAR FLOOD ZONE KIND OF GOES AROUND MORE STILL IN THE, THE GRASSY AREA.

UM, THE, THE BASE FLOOD ELEVATION, WHICH IS SOMETHING THAT, THAT FEMA CALCULATES FOR A HUNDRED YEAR FLOOD EVENT IS ABOUT 613, 614 FEET ABOVE SEA LEVEL IN THAT AREA.

UM, THE MANUFACTURING BUILDINGS ARE NOT WITHIN FEMA FLOOD ZONES.

[00:35:01]

IN ADDITION, THE FLOOR, THE ELEVATION OF THE FLOOR, THE MANUFACTURING BUILDINGS ARE AT 619 TO 620 FEET ABOVE SEA LEVEL.

UM, AND WITH THE PROPOSED OPERATION, WHICH WOULD INVOLVE ADDITIONAL CONCRETE CURBING IN THE BUILDING, IT WOULD BE 621 FEET ABOVE SEA LEVEL.

UM, SO WE'RE, WE'RE AN EIGHT FOOT HEIGHT ABOVE A 100 YEAR FLOOD EVENT.

UM, JUST WANNA MAKE THAT POINT.

UM, THE, THE TWO EXISTING PONDS TO THE SOUTH THERE THAT'S ASSOCIATED WITH THE EXISTING OPERATIONS, UM, AS, AS O OVERFLOW MANAGEMENT PONDS, UH, THEY DO HAVE BERMS TODAY, WHICH WERE RECENTLY SURVEYED.

AND THE HEIGHT OF THOSE BERMS IS ABOVE THAT BASE FLOOD ELEVATION FOR A 100 YEAR FLOOD EVENT.

ARE THEY LINED? THEY ARE, THEY ARE LINED.

UM, I HAD SOME OF THOSE DETAILS IN MY, UM, IN ONE OF THE WRITE-UPS, IT'S, IT'S A SYNTHETIC LINER.

UM, SO WITH OUR RECOMMENDATIONS FOR THE PROPOSED FACILITY FOR WATER TO MITIGATE ANY FIREWATER RUNOFF, UM, ONE, THE LOCATION OF THE OPERATIONS HAS BEEN SELECTED TO THAT, THAT NORTHERN BUILDING FURTHEST AWAY FROM, FROM THE CREEK, UM, TWO WE'RE PROPOSING ADDING A 12 TO 16 INCH CURB AROUND THAT ENTIRE, OR REALLY IN THE WALL IN THAT ENTIRE BUILDING.

SO SHOULD A FIRE OCCUR, UM, IT'S APPROXIMATELY 198,000 GALLONS OF WATER WOULD BE CONTAINED IN THAT BUILDING.

THAT BUILDING IS PROPOSED TO HAVE OVERFLOW PIPES LEADING TO A CONCRETE TANK THAT WOULD BE PARTIALLY IN GROUND, AGAIN, ON THE NORTH SIDE OF THAT BUILDING FURTHER AWAY FROM THE SURFACE WATER.

UM, THAT CONCRETE TANK IS PROPOSED TO HAVE A WORKING CAPACITY OF 135,000 GALLONS.

UM, AND THEN FINALLY, WE'RE PROPOSING ADDITIONAL CURBING SURROUNDING THAT CONCRETE TANK, SHOULD THERE BE AN OVERFLOW JUST FROM CONTINUED FIREFIGHTING, UM, THAT THAT WATER IS IMPEDED FROM FURTHER CARRYING, UM, OFFSITE.

MA'AM, WERE THOSE TANKS, UH, THAT'S JUST A CHAIN LINK FENCE AROUND THOSE, CORRECT.

I'M SORRY, AROUND THE EXISTING OR THE PROPOSED OR THE EXISTING, IT'S JUST A CHAIN LINK FENCE AROUND THOSE.

I, I DON'T RECALL THE DETAILS OFFHAND.

IS IT? YES, YES.

AND IT'S A SCALABLE CHAIN LINK FENCE, I'M ASSUMING, BECAUSE IT'S WHAT FLATTED TO PREVENT PEOPLE FROM .

MA'AM, WHY DON'T YOU COME ON UP AND OH, YES.

BACK TO THE PODIUM IF YOU DON'T MIND.

THANK YOU SO MUCH.

IT'S ACTUALLY SLATTED FENCE TO PREVENT PEOPLE FROM CLIMBING AND IT'S ALL THE PERIMETER FENCING AROUND THIS FACILITY.

IT'S, IT'S, IT'S A CHAIN LINK FENCE WITH THE, WITH THE SLATS PUT IN IT.

CORRECT.

SO IT'S STILL A SCALABLE CHAIN LINK FENCE IF YOU REALLY FORMER SCHOOL DISTRICT COULD PROBABLY SPEAK ON THAT.

YES.

AND THOSE ARE ACTUALLY DESIGNED ONLY IN THE CASE.

SAY WE HAD AN INTERIOR AND WE WERE RINSING DOWN THE FLOORS, THEY ACTUALLY GO OUT TO THAT BACK BUILDING.

RIGHT NOW THERE'S FLOOR DRAINS THROUGHOUT THAT FACILITY THAT TAKES IT TO A DEHYDRATOR.

SO ANY WATER THAT'S, YOU KNOW, SPILLED OR WHERE IT'S DOWN GOES OUT THERE AND GETS DEHYDRATED, THE CHEMICAL IS THEN TOTED AND SENT BACK OUT AS A, YOU KNOW, USED MATERIAL SO IT DOESN'T ENTER THE ENVIRONMENT.

THOSE WERE DESIGNED PER CITY REQUEST DURING PHASE ONE AND TWO, JUST IN CASE THAT DEHYDRATOR HAD A MALFUNCTION OR THERE WAS EXTRA WATER THAT WE COULD CAPTURE IT, THEN THEY IN TURN WILL HAVE IT COME PUMPED OUT BY A RECYCLING COMPANY.

SO WAS THERE, IT'S NEVER RELEASED INTO THE WATER, LIKE IN THE GOOGLE MAPS AND IF YOU GO BACK EVEN YEAH.

FIVE YEARS, THEN YOU CAN SEE THAT THERE'S LIQUID IN THOSE TANKS.

YEAH.

WOULD YOU CONSIDER THAT POTABLE WATER? THEY HAVE IT TESTED AND DRAINED.

FORTUNATELY IT'S RAINWATER AFTER FOUR INCH VENT LIKE LAST WEEK, BUT IT IS TESTED BEFORE THEY DRAIN THOSE AGAIN.

BUT, BUT WOULD YOU CONSIDER THE, THE LIQUID IN THOSE TANKS BEING JUNE WHEN SHE FINISHES? YEAH, THANK YOU.

I MEAN, IT IS TESTED AND DRAINED ON A REGULAR BASIS WITH THE RAIN EVENTS WE'VE BEEN HAVING LATELY.

YES, IT'S FULL AGAIN TODAY I WAS OUT THERE AND WE'VE NOTICED THERE'S SOME SITE DETERIORATION AROUND IT.

SO WE'VE ALREADY CONTACTED PEOPLE TO GET THAT WRITTEN FILLED AND AS PART OF THIS NEW CONSTRUCTION, THEY'RE HAVING THIS EXTEND THOSE EXISTING FIRE LANES OUT AND AROUND.

SO AS PART OF THAT, WE CAN EXTEND THE CURB, WHICH WILL PREVENT ANY RACK ACTUAL WATER THAT'S RUNNING IN THERE OFF OF THE ROADWAYS INTO THOSE PONDS FROM OCCURRING TO HELP REDUCE

[00:40:01]

THAT WATER BUILD UP IN THOSE PONDS.

RIGHT.

ULTIMATELY, WE'D LIKE TO DO AWAY WITH THEM AS PART OF OUR DESIGN IN THE FUTURE.

AND AS THEY HAVE NOW NEWER BETTER EQUIPMENT THAN WE PUT IN THERE 15 YEARS AGO, THAT THE USE FOR THOSE WILL GO AWAY.

THAT WE CAN CONTAIN THAT WITHOUT EVER PUTTING ANY WATER OUTSIDE.

OKAY.

SO I I AND I UNDERSTAND THE RAINFALL, I'M, I'M THE, THOSE PONDS, THE, THE TANKS.

YEAH.

UM, INSIDE THE CHAIN LINK FENCE, AGAIN, IF YOU LOOK AT THE GOOGLE MAPS, THEY'RE, YEAH, THEY, THERE'S LIQUID IN THEM OF SOME KIND AT ALL TIMES.

UM, AND THAT'S GOING BACK SEVERAL YEARS.

SO YOU'RE SAYING THAT IF THERE WERE A MALFUNCTION ON THE INTERIOR DEHYDRATOR, THAT THAT LIQUID WOULD, IT'S AN EXTERIOR DEHYDRATOR ACTUALLY, IT'S OUT THERE IN THAT OTHER BUILDING.

OKAY.

SO IF THERE WERE A MALFUNCTION THAT THAT LIQUID WOULD GO INTO THE HOLDING TANK THAT WE SEE AT THE SOUTHERN PORT, CURRENTLY SOUTHERN POINT OF THE PROPERTY, IT'S VALVE THAT HAS TO BE TRIGGERED FOR IT TO GO OUT THERE.

IT WOULD NOT SAY IF THEY WASHED IT DOWN TODAY IN THAT THING'S, IT WILL NOT.

IT'S AN, IT'S NOT AUTOMATIC THAT'S GONNA RUN OUT THERE.

IT HAS A TRIGGER AND A SWITCH THAT HAS TO BE ACTIVATED FOR IT TO RUN INTO THOSE PONDS.

OKAY.

SO IT IS MAINTAINED AND MONITORED.

GOTCHA.

SO THE LIQUID THAT WOULD, THAT WOULD FILL THOSE PONDS, THOSE TANKS, THERE WOULD NEVER BE ENOUGH TO FILL THOSE TANKS, THE LIQUID THAT WOULD ENTER THOSE TANKS? YES.

UM, WOULD YOU CONSIDER THAT LIQUID POTABLE? WHAT DO YOU MEAN? CAN YOU DRINK IT? NO, I, I WOULDN'T DRINK IT.

OKAY.

WOULD YOU DRINK RAINWATER? SO WITH MOSS, SO IF WILDLIFE FOUND THEIR WAY INTO THOSE, I DON'T THINK IT WOULD A BIRD, A DUCK, WHATEVER LAND ON THOSE? HONESTLY, I DO NOT.

WHAT WOULD OCCUR? I, I CAN'T.

IF A CHILD WERE TO SCALE THE FENCE, WHAT WOULD HAPPEN? THEY'D PROBABLY GET REALLY DIRTY .

I'LL BE HONEST.

I DON'T, I MEAN, UH, WE'VE HAD THOSE PONDS TESTED RECENTLY AND IT WAS PURE RAINWATER, I MEAN, WITHIN THE LAST TWO MONTHS DURING ALL THIS.

SO YES, WE'VE HAD 'EM TESTED.

THEY'RE FREQUENTLY TESTED TO PROVE, WELL WE DON'T, WE DON'T WANT THIS TO FEEL LIKE AN INTERROGATION, SO OH NO, I, I UNDERSTAND.

AND LIKE I SAY, I KNOW THEY GET WATER AND THAT'S ONE REASON, AS PART OF OUR PRODUCTION AND CHANGES IN THIS FACILITY, WE WANNA GET RID OF THOSE.

AND THE REASON WE DID CONCRETE TO THE NORTH, AND IT WILL NOT HAVE ANY DRAIN SYSTEM IN IT, IT WILL BE, IT HAS WATERBOARD AS THEY CALL IT.

SO IF THERE IS A RAIN EVENT WHILE WE HAVE A FIRE, WE HAVE ENOUGH VOLUME IN THERE THAT WE CAN CONTAIN BOTH.

SURE.

AT THE END OF THAT EVENT, IT WILL BE TAKEN OUT.

AND AS PART OF RAM BALL'S RECOMMENDATION AND MITIGATION, IT DOES HAVE IN A RAIN EVENT, THOSE ARE TO BE EMPTIED AUTOMATICALLY AND NEVER WILL THEY RECEIVE ANY WATER FROM THE INTERIOR UNLESS MY FIRE SPRINKLERS GET ABOVE 18 INCHES OF DEPTH ON THE INTERIOR OF THAT BUILDING.

ALL THE DOORWAYS WILL BE BLOCKED, ALL RAMPS, EVERYTHING WILL BE UPGRADED.

SO IT'S GOTTA GET THAT DEEP, THAT 195,000 GALLONS OF WATER, WHICH, WHAT IS IT, I'LL LET SCOTT SPEAK TO THAT.

HE HAS THE SPECIFICS ON HOW MUCH WATER THAT WILL HOLD, BUT IT'S LIKE THREE TIMES THE AMOUNT THAT THE BUILDING IS REQUIRED TO HOLD.

SO ESSENTIALLY THOSE ARE BACKFLOWS IN A VERY BOILED DOWN VIEW.

IS THAT JUST, IS THAT JUST A BACKFLOW THOSE DOWN THERE? YES.

OKAY.

YEAH.

AND THEY'RE NOT EVEN PART OF THE PROCESS WE'RE PROPOSING AT THIS TIME.

REMOVING THEM IS THOUGH.

WELL, YEAH, WE WOULD LIKE TO REMOVE THEM IN THE FUTURE JUST BECAUSE IT IS A MAINTENANCE ISSUE AS YOU POINTED OUT, AND SOMETHING THEY DON'T WANNA UPKEEP ANY LONGER.

AND IT'S A DOWNHILL ISSUE.

SO IF STAFF IS LOOKING AT THIS, IF THOSE WERE TO FILL, IT'S GONNA RUN DOWNHILL TOWARDS THE CREEK BECAUSE THAT'S WHERE THE WATER WANTS TO GO.

AS SHE STATED, WE'VE GOT 'EM SIX FEET ABOVE THAT MAX FLOOD HEIGHT, SO THEY GOT TO GET ABOUT 10 FEET DEEP BEFORE THEY'LL BE FULL.

OKAY.

AND THEY DO HAVE LINERS.

THEY'VE REPLACED THE LINERS RECENTLY IN THEM AS WELL.

THEY MAINTAIN THOSE PONDS, SO THAT'S NOT AN ISSUE.

FANTASTIC.

AND THAT, BUT LIKE I SAY, OUR PROPOSED USE IS ALL GOING IN THE NORTH BUILDING AND THAT'S WHEN WE'RE LOOKING AT, AND LIKE I SAY, ANY, WE'VE ADDED CURBS, WE'RE ADDING EXTRA FIRE PROTECTION, UPGRADING THE SPRINKLER SYSTEM PER RECOMMENDATIONS AND THE STAFF AND ANY OTHER RECOMMENDATIONS THEY COME UP WITH AS FAR AS YOU KNOW, ELECTRICAL, WE'RE DOING A FULL SCALE REMODEL ON THE INTERIOR OF THOSE TO MAKE A MEET FIRE CODE IS OUR OBJECTION.

ANY MORE OBJECTIONS FROM THE COMMISSION? THANK YOU SO MUCH, MA'AM.

AND UH, IF YOU'D LIKE, I'D LET SCOTT SPEAK TO THE FIRE.

I THINK WE'RE GOOD.

YOU BET.

THIS IS A PUBLIC HEARING AND WE HAD ONE PERSON SIGN UP TO SPEAK FOR PUBLIC HEARING FOR THIS AGENDA, ITEM ZDC 1 8 3 2 0 2 5 SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT.

AND,

[00:45:01]

UH, MR. JONATHAN FOT STATE, YOU STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD, PLEASE.

GOOD EVENING.

MY NAME IS JONATHAN FOY.

I LIVE AT 1004 WEST MARVIN AVENUE.

I'M THE CHIEF FINANCIAL OFFICER FOR VIRON ENERGY AND FOR DMJ PROPERTIES LIMITED, WHICH IS ITS SISTER COMPANY, WHICH ARE TWO COMPANIES BASED HERE IN WAXAHATCHEE.

UH, DMJ IS THE ONE OF THE DEVELOPERS FOR THE VIRON PARK DEVELOPMENT, WHICH LIES DIRECTLY NORTHEAST OF THIS PROPERTY.

AND I'M HERE TO VOTE MY SUPPORT OF THE PLANNING COMMISSION'S RECOMMENDATION TO DENY THIS PERMIT.

WE BELIEVE THAT THE ACCEPTANCE OF THIS REQUEST WOULD, UH, NEGATIVELY IMPACT OUR PROPERTY VALUES AND ALSO NEGATIVELY IMPACT THE RETAIL DEVELOPMENT, WHICH IS ALSO NOT OURS, BUT DIRECTLY TO THE EAST OF THIS.

IN ADDITION, SHOULD AN EVENT ACTUALLY OCCUR, THE PREVAILING WIND GOES RIGHT ACROSS A MAJOR THOROUGHFARE NORTHWEST FOR THIS ENTIRE REGION AND COULD BE EXTREMELY DISRUPTIVE TO THE ENTIRE ECONOMY OF THE REGION.

SO I AGAIN, WOULD SUPPORT THE, UH, DENIAL OF THIS REQUEST.

THANK YOU VERY MUCH.

THANK YOU.

THE PUBLIC HEARING IS CLOSED AND THE

[6. Consider approval of ZDC-183-2025 ]

CHAIR WILL ENTERTAIN A MOTION MOVE TO RECOMMEND DENIAL OF ZDC 1 8 3 20 25 SUP FOR NOXIOUS USE AT 47 40 NORTH I 35.

SECOND, WE HAVE A MOTION AND A SECOND FOR DENIAL.

ALL IN FAVOR OF THE DENIAL, RAISE YOUR RIGHT HAND.

ALL OPPOSED, WE HAVE A SIX TO ONE AND JUST AS A POINT OF REFERENCE, WE ARE RECOMMENDING BODY, THE CITY COUNCIL WILL MAKE A FINAL DETERMINATION ON THIS REQUEST.

SO OUR RECOMMENDATION AS, UH, A GROUP WILL BE TO DENY THE REQUEST BASED ON THE VOTE, AND I JUST WANTED TO SHARE THAT WITH THE AUDIENCE.

THANK YOU SO MUCH FOR YOUR TIME.

NEXT ON

[7. Public Hearing on a request by Stephanie Gienger, Kimley-Horn, for a Zoning Change to Amend Ordinance No. 3587 for the Woodland Cottages at Waxahachie to change the construction material of the masonry screening wall located at 2797 John Arden Drive (Property IDs 275156 and 313224) – Owner(s): Woodland Cottage Waxahachie LP (ZDC 52-2026) ]

OUR AGENDA ITEM IS NUMBER SEVEN.

IT IS A PUBLIC HEARING ON A REQUEST BY STEPHANIE, UH, GER, I APOLOGIZE IF I'M SHREDDING THAT NAME.

UM, AND KIMLEY HORN FOR A ZONING CHANGE TO, UM, ORDINANCE NUMBER 35 87 FOR THE WOODLAND COLLEGES AT WAXAHATCHEE TO CHANGE THE CONSTRUCTION MATERIAL OF THE MASONRY SCREENING WALL LOCATED AT 27 97.

JOHN ORDEN ARDEN DRIVE, PROPERTY ID IS 27 51, 56 AND 31 32 24.

OWNER WOODLAND COTTAGE WAXAHATCHEE, LP ZDC 52 20 26 SENIOR PLANNER ZDC 52 20 26.

THE APPLICANT IS SEEKING, UM, A REQUEST TO AMEND THEIR APPROVED PD THAT WAS DONE IN 2024 FOR AN AGE RESTRICTED MULTI-FAMILY DEVELOPMENT LOCATED AT 27 97 JOHN ARDEN DRIVE, WHICH HAS NOW, UH, BEEN READDRESSED TO 10 11 PARSONS DRIVE.

THE REQUEST IS TO CHANGE THE MATERIAL OF THE SCREENING WALL, UM, FROM BRICK TO CONCRETE PANELS AND TO BE PAINTED.

WHITE.

STAFF BELIEVES THAT THE CHANGE IN MATERIAL IS A DOWNGRADE IN QUALITY IN COMPARISON TO WHAT WAS A PRE, WAS WHAT WAS PREVIOUSLY APPROVED.

STAFF RECEIVE NO LETTERS IN SUPPORT OR OPPOSITION FOR THIS REQUEST, AND STAFF RECOMMENDS DENIAL OF THIS REQUEST.

HOWEVER, UM, IF YOU RECOMMEND APPROVAL OF THIS, UH, PD AMENDMENT, UM, THERE ARE CONDITIONS THAT'S NOT ON THE STAFF REPORT, BUT I WOULD JUST AT LEAST LIKE TO, UM, LIST ON RECORD THAT, UM, THE APPLICANT SHALL EXECUTE AND UPDATE IT DEVELOPMENT AGREEMENT WITHIN 30 CALENDAR DAYS OF THE APPROVAL OF THIS REQUEST AND OBTAIN ALL REQUIRED PERMITS, UH, BUILDING PERMITS AND APPROVAL FROM THE CITY OF WAXAHATCHEE BUILDING AND COMMUNITY SERVICES DEPARTMENT PRIOR TO THE CONSTRUCTION OF THE MASONRY WALL.

AND LET ME PULL UP THE LOCATION OF THE PROPOSED, UH, SCREENING WALL.

SO HERE'S JOHN ARDEN, NORTH GOING NORTH AND SOUTH, AND WHERE IT'S HIGHLIGHTED IN RED IS THE, ARE THE LOCATIONS OF THE, UM, SCREENING WALL AND STAFF AND THE APPLICANT ARE HERE.

IF YOU HAVE ANY QUESTIONS.

THANK YOU ON, ARE THERE ANY QUESTIONS FOR STAFF? HAS THERE EVER BEEN A TRAFFIC STUDY DONE TO DETERMINE, UH, WHEN PEOPLE ARE COMING TO THE CIVIC CENTER, HOW MANY OF THEM ARE COMING DOWN THAT PARTICULAR AREA OF JOHN ARDEN?

[00:50:03]

UM, I, I, I DON'T RECALL THAT.

OKAY.

THE ONLY REASON I ASK IS BECAUSE OBVIOUSLY WE GET THOUSANDS OF VISITORS TO OUR CITY WHO ARE COMING TO EVENTS AT THE CIVIC CENTER, AND IF THAT SCREENING WALL IS GONNA BE RIGHT ON JOHN ARDEN RIGHT WHERE THEY ARE DRIVING IN, UM, THAT IS A FIRST IMPRESSION OF OUR CITY THAT, UM, I, I JUST THINK WOULD BE BETTER WITH THOSE ORIGINAL MATERIALS.

A CAN YOU CONFIRM FOR ME WHAT THE ORIGINAL PD, THE ORIGINAL PD SAID? BRICK AND BRICK AND OR STONE? UM, ESSENTIALLY BRICK.

UM, BRICK AND MORTAR.

THANK YOU.

MM-HMM .

WHAT, I'M SORRY, WHAT'S BEHIND IT? WHAT'S BEHIND THE PROPERTY? UM, ARE YOU TALKING ABOUT TO THE SOUTH SIDE OR WEST? WEST OVER HERE.

THAT'S SO CONFUSING.

SO THIS IS ANOTHER, UM, PART OF THE PD APPROVAL.

UM, IT WAS AN ADDITIONAL THREE ACRE SITE WHERE INITIALLY THE DEVELOPER WAS GOING TO DEVELOP, UH, GENERAL RETAIL.

HOWEVER, HOWEVER THE MARKET WAS IN THERE DUE TO COVID.

AND SO THEY CAME BACK, UH, IN 2024, LATER IN 2024, UH, TO, UH, ADD THIS ACREAGE TO THEIR PD AND CHANGING THE USE TO MULTIFAMILY AGE RESTRICTED MULTIFAMILY.

OKAY.

AND TO THE NORTH.

UM, SO THIS IS AMOS ENERGY, UH, SORRY.

ENCORE.

ENCORE .

I ALWAYS GET THOSE TWO MIXED UP.

AND THIS IS A, UM, YOUR TYPICAL MULTIFAMILY APARTMENT COMPLEX.

DID STAFF HAVE ANY CONCERNS OTHER THAN POSSIBLY THE DOWNGRADE IN MATERIAL? UM, ANOTHER THING IS THAT IT'S ONE, IT'S A DOWNGRADE.

TWO IS THAT IT'S GOING TO BE PAINTED WHITE.

UM, IT, IN OUR PROFESSIONAL OPINION, IT DOES NOT MATCH WITH WHAT'S EXISTING, UM, IN THE SURROUNDING AREA.

WE HAVE THE CHURCH HERE AND THEN A LEGACY RANCH, UM, WHICH IS MORE OF YOUR EARTHY TONE.

UM, BUILDINGS.

THANK YOU SO MUCH.

SURE.

ANY MORE QUESTIONS FOR STAFF AND PAINTED CONCRETE WOULD REQUIRE SIGNIFICANTLY MORE UPKEEP THAN BRICK, CORRECT? YES, CORRECT.

UM, THE BRICK THAT THEY WERE PROPOSING, WHICH I, UM, I DO APOLOGIZE, I CAN'T REMEMBER THE EXACT, UH, COLOR OF THE BRICK, BUT, UH, WITH, WITH CONCRETE AND PAINTED WHITE, WE ARE LOOKING AT THE MAINTENANCE.

UH, IF IT DOESN'T GET MAINTAINED ON TIME OR, UM, JUST THE WEATHERED LOOK OF IT, THAT'S WHAT WE'RE MAINLY CONCERNED ABOUT.

AND AGAIN, BECAUSE IT'S PAINTED WHITE AND THEY DO, UM, THE APPLICANT IS PROPOSING IT TO MATCH THE, UH, BUILDINGS THAT THEY ARE BUILDING, HOWEVER, IT'S UH, IT'S, IT'S A BIT STARK IN OUR OPINION.

CAN I ASK A QUESTION JUST TO CONFIRM THAT THIS DOES NOT APPLY TO THAT? UM, SOUTHERN WESTERN SQUARE , THE, YEAH, THAT, THAT THREE ACRE SITE, THIS CHANGE WOULDN'T APPLY THERE CORRECTLY.

'CAUSE WE KIND OF WENT BACK AND FORTH WITH THE APPLICANT ON THAT TO, TO MAINTAIN THE OPEN FENCING ALONG THE CURRENT GOLF COURSE.

SO THIS APPLICATION REQUEST IS TO CHANGE THE MATERIAL THAT WAS ORIGINALLY BRICK IN THE PROPOSED AREA, HIGHLIGHTED IN RED, UM, THAT WAS ORIGINALLY PROPOSED AS BRICK, UH, A BRICK SCREENING WALL WITH A STONE CAP.

AND, UM, INSTEAD OF THE BRICK, THEY ARE PROPOSING CONCRETE PANELS, BUT IT DOESN'T CARRY OVER TO THE OTHER SIDE OF ALLIANCE, CORRECT? CORRECT.

OKAY.

'CAUSE WE WENT ROUND AND ROUND WITH THEM ON THAT TO KEEP THAT OPEN.

ANY MORE QUESTIONS FOR STAFF? THANK YOU VERY MUCH ON IS THE APPLICANT HERE.

TAKE YOUR TIME.

COULD YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? TRAVIS JONES.

17 1 20 DALLAS PARKWAY, DALLAS, TEXAS.

THANK YOU.

UM, I, I THINK THERE WAS A, A LITTLE BIT OF INFORMATION THAT MAY HAVE BEEN LEFT OUT OF THIS.

UM, I, I WISH THE, THE RENDERINGS AND SOME OF THE, THE DETAILS THAT WE HAD PROVIDED STAFF, UH, HAD BEEN INCLUDED FOR YOU.

[00:55:01]

UM, THE PROPOSED WALL, UH, I KNOW WE DID HAVE LOTS OF DISCUSSIONS ON THE WEST SIDE.

UM, IDEALLY WE WOULD PREFER A WROUGHT IRON FENCE THAT, THAT YOU REQUEST THE CITY COUNCIL REQUESTED ON THE WEST SIDE AROUND THE ENTIRE PERIMETER OF THE PROPERTY.

WE, WE DON'T LIKE THE ENCLOSED LOOK.

UM, BUT BECAUSE OF ZONING REQUIREMENTS, UH, WE DID, UH, INCLUDE A MASONRY FENCE AROUND CERTAIN PORTIONS OF THE PROPERTY ORIGINALLY.

THE, UM, UNFORTUNATELY IN A SEVEN OR 800 PLAN SHEET SET OF PLANS, UH, WE FAILED TO, TO IDENTIFY THAT OUR LANDSCAPE ARCHITECT INCLUDED A DETAIL FOR A SCREEN WALL THAT WAS INTENDED FOR A DUMPSTER ENCLOSURE.

UH, THE WALL WOULD BE ONE-SIDED BRICK WITH CMU ON ONE SIDE, AND IT ALLOWED FOR US TO SELECT WHICH SIDE THE BRICK WENT ON.

WE APPROACHED THE CITY BECAUSE WE DIDN'T ANTICIPATE THE CITY NOR WE WOULD WANT TO ONE-SIDED BRICK WALL WITH CMU FACING EITHER DIRECTION.

AND THE PROPOSED WALL IS, WHILE IT IS, YES, IT IS A, A REINFORCED CONCRETE PRODUCT.

IT IS A VERY STURDY PRODUCT.

IT'S BRICK EMBOSSED ON BOTH SIDES.

IT HAS COLUMNS AND CAPS.

WE PROPOSED A, UH, COLOR SCHEME, UH, FOR THAT WALL THAT WAS MULTICOLOR.

IT'S NOT JUST WHITE.

UH, AND THAT WAS PER STAFF'S REQUEST.

UH, I THINK THE COLUMNS ARE PAINTED A DIFFERENT COLOR THAN THE PANELS AND THEN THE CAPS ARE PAINTED A, A SEPARATE COLOR AS WELL.

UM, I, I DON'T BELIEVE WE'VE GOT THE, UH, RENDERINGS OF OUR BUILDINGS AND OUR PROJECT HERE, OUR PRODUCT IS KIND OF UNIVERSAL.

WE BUILD A SIMILAR PRODUCT ALL OVER THE STATE OF TEXAS.

OUR BUILDINGS ARE ALL ONE STORY HIGHLY MONETIZED, BUT THEY ARE A PAINTED BRICK.

UM, THEY'RE, THEY'RE DIFFERENT BRICK PRODUCT THAT ARE PAINTED.

UM, AS FAR AS THE MAINTENANCE, UH, COMPONENT, UM, THESE THINGS ARE USED TXDOT, UH, THE, OUR, THE COMPANY WE USE IN PARTICULAR IS OUT OF FLORIDA.

THEY'RE HURRICANE RATED.

UM, THE PAINTING CYCLE IS ABOUT A 10 TO 15 YEAR CYCLE, JUST LIKE OUR PAINTED BRICK BUILDINGS.

SO THERE WOULD NOT BE ANY DIFFERENT MAINTENANCE CYCLE.

UH, WE'RE A LONG-TERM OPERATOR, SO, UH, WE LOOK AT EVERYTHING FROM, YOU KNOW, KEEPING THESE AS HIGH QUALITY AS POSSIBLE.

OUR, OUR RENT, UH, IN THIS PRODUCT IS EXTREMELY HIGH, SO WE'VE GOT AN INCENTIVE TO KEEP, KEEP EVERYTHING AT YOUR FRONT DOOR LOOKING GOOD FOR OUR OWN BENEFIT JUST AS MUCH AS YOURS.

SO, UM, IF THAT RELIEVES ANY OF YOUR CONCERNS ABOUT THE PRODUCT ITSELF, BUT IT IS, IT STILL WOULD GIVE THE, THE LOOK, UM, OF BRICK ON BOTH SIDES OF THE WALL.

AND THAT WAS, THAT WAS WHAT OUR ULTIMATE GOAL WAS.

IF WE HAVE TO KEEP THE MASONRY FENCE THAT WE, WE PRESENT THAT PRODUCT, LOOK ON BOTH SIDES OF THE FENCE.

OKAY.

SO JUST TO CONFIRM, YOU'RE NOT GOING WITH THE STARK WHITE, I, I WOULD NOT CALL IT A STARK WHITE.

I THINK WE PROVIDED SOME RENDERINGS, UH, TO STAFF.

IT'S, IT'S MORE OF A, UH, I FORGET WHAT THE ACTUAL SHERWIN WILLIAMS PAINT COLOR.

WE, WE PROVIDED SOME PAINT CODES, UM, FOR THEM THAT MATCH OUR BUILDINGS, BUT I BELIEVE IT'S A, A CREAMY WHITE, AND THEN THERE'S A, UH, TOP COLOR THAT'S ALTERNATES.

UH, I THINK THE COLUMNS ARE A TOP WITH A WHITE CAP.

AND THEN THE, THE PANELS ARE A CREAMY, UH, OFF WHITE COLOR.

HOW MUCH FLEXIBILITY IS IN THAT IN THE COLORS? YES, SIR.

UH, INFINITE.

IF YOU LOOK AT WHAT SHERWIN WILLIAMS CAN PROVIDE, UM, WE, WE JUST TRIED TO TIE IT TO OUR BUILDINGS AND THE PRODUCT.

OUR CLUBHOUSE IS OBVIOUSLY UPFRONT ON JOHN ARDEN AND IT'S PAINTED BRICK.

MM-HMM .

UM, SO THE BUILDINGS ARE VARYING SHADES.

I THINK PART OF WHAT WE WORKED ON WITH STAFF INITIALLY WAS A COLOR SCHEME AND WE PRESENTED A LOT OF, WE WENT THROUGH SEVERAL ROUNDS OF, OF COLOR SCHEMES OF OUR BUILDINGS AND HOW WE LIKE TO DIFFERENTIATE.

AND WE REALLY LIKE TO MAKE IT FEEL MORE RESIDENTIAL THAN MULTI-FAMILY BECAUSE A LOT OF OUR TENANTS MOVE IN AND, AND THEY DON'T LEAVE.

SO WE, WE, WE CULTIVATE A FAMILY, YOU KNOW, FEEL A NEIGHBORHOOD FEEL MORE, MORE SO THAN A, A TYP YOUR TYPICAL MULTIFAMILY FEEL.

SO WE TRY TO INDIVIDUALIZE OUR BUILDINGS AND THAT'S WHY WE HAVE MULTIPLE COLOR SCHEMES AND KIND OF PICKED SOME OF THOSE COLORS TO INCORPORATE INTO THE WALL.

THANK YOU SO MUCH.

YES.

ANY MORE QUESTIONS FOR THE APPLICANT? HEY, COMMISSION, HE KIND OF OPENED THE DOOR TO NEGOTIATE ON THAT FENCING IF YOU WANT TO CHANGE IT FROM MATCH WHITE AND TO LIKELY LIKE A MATCH WHITE AND A ALABASTER MM-HMM .

UM, COLOR SCHEME .

UM, BUT IF Y'ALL WANTED TO CHANGE THAT TO A MORE OPEN LOOK, YOU OPEN THE DOOR FOR IT.

YEP.

IS IT POSSIBLE TO TAKE A LOOK AT THOSE RENDERINGS? I WOULD LIKE TO SEE THE RENDERINGS AS WELL.

THE ELEVATIONS ARE IN THE LANDSCAPE PLAN ATTACHED TO THE PACKET.

GOT IT.

WHAT TYPE OF VENT LOOKS LIKE? YEAH, I HAVE THE ELEVATIONS.

YES.

I JUST, JUST CURIOUS WHAT THEY HAD SUBMITTED.

THERE'S NOTHING IN COLOR.

[01:00:05]

IS THERE A REASON WHY, UH, THE WR IRON WAS NOT APPROVED? IS THAT JUST LIKE A DEFAULT REGULATION FOR THIS TYPE OF ZONING OR SO WHY THE WR IRON WASN'T APPROVED MM-HMM .

UM, I DON'T KNOW IF IT WAS EVER REQUESTED.

SO WHEN THEY ORIGINALLY REQUESTED THIS SEP BACK IN THE DAY, UM, WHAT I SAW, AND ONCE AGAIN THIS PREVIOUS STAFF, UM, THERE WAS A BRICK FENCE THAT WAS PROPOSED AND ADOPTED.

SO I DON'T KNOW IF THEY PROPOSED IT COULD HAVE BEEN, UM, OR IF IT WAS JUST THE, FROM WHAT COULD HAVE HAPPENED WAS THE LANDSCAPE ARCHITECT PUT THE WRONG FENCING IN THERE AND IT WAS PROVED THAT WAY.

I'M NOT SURE WHAT THE MINUTES WOULD SAY.

I DON'T THINK IT GOES INTO THAT DETAIL OF WHAT CONVERSATIONS OCCURRED BETWEEN THE COUNCIL COMMISSION AND THE APPLICANT.

I'D BE HAPPY TO SPEAK TO THAT IF YOU, IF YOU LIKE.

YES, SIR.

THE, UH, THE SEPARATE USES ZONING USES TO THE NORTH AND THE SOUTH.

UH, THE, AT THE TIME OUR UNDERSTANDING OF THE CODE WAS THAT BETWEEN A MULTIFAMILY USE AND AN INDUSTRIAL OR A RETAIL USE, THAT A PARTICULAR TYPE OF SCREENING FENCE WAS REQUIRED.

SO WHEN WE INITIALLY CAME IN WITH THIS PROJECT, WE TRIED TO COMPLY A HUNDRED PERCENT, UH, WITH ALL OF HIS ZONING REQUIREMENTS AT THE TIME.

AND, AND I DON'T BELIEVE WE ASKED FOR ANYTHING UNIQUE OR SPECIAL.

UM, SO THAT'S WHY THERE WAS A, A COMBINATION OF MASONRY FENCE, WOOD FENCE AND IRON FENCE.

COUNSEL REQUESTED SOME ADDITIONAL IRON FENCE, WHICH WE WERE HAPPY TO PROVIDE ON THE WEST SIDE.

UM, AGAIN, MOST OF OUR PROPERTIES ARE ENTIRELY SURROUNDED WITH THAT IRON FENCE.

SO YOU CAN SEE IN, THEY CAN SEE OUT OUR LAND.

WE, WE, THIS IS A HIGHLY, UH, AMENITIZED FROM A LANDSCAPE PERSPECTIVE.

UH, THE CITY ASKED FOR A LOT AND THEN WE, WE INCLUDED A LOT MORE.

UM, AND SO WE, UH, WE LIKE THAT OPEN LOOK.

IF WE COULD DO THAT, IT WOULD'VE BEEN GREAT, BUT WE DIDN'T COME IN INITIALLY ASKING FOR THAT.

WE TRIED TO JUST COMPLY WITH ALL THE, THE, UH, ZONING REGULATIONS AS THEY WERE IN PLACE FOR HISTORY CONTEXT.

THERE'S BEEN NO DISCUSSIONS FROM COUNSEL AND SIX YEARS ON DIFFERENTIATING BETWEEN DIFFERENT TYPES OF MULTIFAMILY AND FENCING AND SCREENING.

AND SO I KNOW IN SIX YEARS I CAN SPEAK TO, THERE'S BEEN NO DISCUSSIONS ON ANY FORM OF IDENTIFYING WHAT THOSE SHOULD BE.

SO INTO THE COMMISSION.

I MEAN, IT'S A, IT'S, IT'S PROBABLY SOMETHING THAT'S OUTDATED THAT SHOULD BE ADDRESSED AND NOBODY'S EVER TAKEN A, A MOVE ON IT.

SO.

AND DOES THE COUNSEL HAVE ANY APPREHENSION TO THE ROT IRON? I'M SORRY, WHAT WAS THAT? MS. B, DOES THE COUNCIL HAVE ANY APPREHENSION TO THE WR IRON? I MEAN, THE CURRENT COUNCIL ALREADY ASKED FOR IT ON THE, ON THE BACKSIDE OF IT.

SO I MEAN, I DON'T SO Y'ALL, Y'ALL WOULD STILL BE OPEN TO DOING THE IRON FENCING? ABSOLUTELY.

WE, WE WOULD ACTUALLY PREFER THAT TO, TO A MASONRY FENCE.

WE DIDN'T KNOW THAT WOULD WE, AGAIN, WE TRIED TO JUST COMPLY WITH, COMPLY WITH WHAT WAS IN PLACE AT THE TIME, THE BEST WE COULD MM-HMM .

I FOR ONE WOULD MUCH RATHER YOU HAVE THE IRON FENCING.

I LIKE THE MORE OPEN LOOK, UM, RATHER THAN THAT SOLID FENCE.

SO IF, IF WE MAKE A MOTION ON THIS, CAN WE MAKE A MOTION WITH THE CONDITION TO, WITH THE CONDITION THAT IT BE IRON FENCING? IF YOU COULD GIMME A MINUTE.

I'M, I'M JUST TRYING TO LOOK AT HOW WE NOTIFIED THE CASE OKAY.

AND HOW IT'S BEEN PRESENTED TO SEE IF LEGALLY WE HAVE THE ABILITY TO CHANGE WHAT THE REQUEST IS.

UM, JUST YOU CAN GIMME A FEW MINUTES BEFORE THE MOTION FOR MORE HISTORY JUST FOR THE COMMISSION TO HEAR IT, I GUESS.

UM, UH, I GUESS IT, WHAT IT WOULD'VE BEEN LIKE JULY OF 21 WAS IT LAST TIME WE HAD LIKE A REALLY JOINT MEETING BETWEEN THE, THE P AND Z AND THE COUNCIL WHERE WE HAD A LITERAL WHITEBOARD AND SAID, WHAT DO WE WANT TO SEE IN DEVELOPMENTS? UM, AND WE ADDRESSED A LOT, LOT OF THINGS THEN, BUT THAT HASN'T, A TRUE WHITEBOARD MEETING HASN'T HAPPENED, UM, SINCE THEN TO REALLY JUST THROW WHAT DO WE WANNA SEE IN, AND THAT WAS JUST FOR SINGLE FAMILY.

UM, BUT ANYTHING REGARDING MULTI-FAMILY OR NEIGHBORING PROPERTIES, AGAIN IN SIX YEARS HASN'T HAPPENED.

SO, UM, YEAH, AFTER LOOKING AT THE, HOW WE NOTIFIED, UM, THE CASE, I THINK IF YOU WENT WITH A MOTION THAT STATED IF YOU WERE WANTING TO USE A, I WOULDN'T USE WROUGHT IRON, WROUGHT IRON AS A TYPE OF METAL.

UM, THE TYPE OF FENCE YOU'D WANT TO CALL WOULD BE A DECORATIVE METAL FENCE.

AND I, I'D PROBABLY RECOMMEND THE MOTION BEING SOMETHING ALONG THE LINES OF WE RECOMMEND APPROVAL, PROPOSED REQUEST TO CHANGE THE CONSTRUCTION OF THE MAINSTREAM SCREENING WALL TO A DECORATIVE METAL FENCE WITH THE CONDITION THAT ELEVATIONS, UM, EXHIBITS BE AMENDED PRIOR TO THE COUNCIL MEETING AND BE PRESENTED TO STAFF

[01:05:01]

SO THAT WE HAVE THOSE DOCUMENTS TO BE ABLE TO SHOW THEM WHAT THE ROD IRON DECORATIVE, I JUST SAID IT, UM, DECORATIVE METAL DEFENSE WOULD LOOK LIKE PRIOR TO COUNCIL MEETING, HAVING THOSE DOCUMENTS READY.

THAT'S WHAT I'D RECOMMEND THE MOTION TO BE IF THAT'S WHAT COMMISSION IS REQUESTING EXHIBITS PROVIDED TO STAFF.

UH, CORRECT.

UNLESS YOU WANTED TO CONTINUE THEM AND, UM, CONTINUING THEM WOULD, WOULD PUSH, UH, THEY'RE IN THE ACTIVE DEVELOPMENT STAGE OF THIS MM-HMM.

OF THIS PROCESS.

UM, TO, YEAH, I MEAN, UH, TO MAKE SURE THAT WE HAD THE DOCUMENTS READY YES.

TO GO BEFORE COUNSEL.

UM, IF IT'S, IF YOU WANT A DECORATIVE METAL FENCE SIMILAR TO THE PROPERTY LOCATED TO THE SOUTH SOUTHWEST, THAT'S IN CONJUNCTION, THAT'S THE TYPE OF FENCE YOU'RE WANTING.

YOU CAN MAKE THAT'S PART OF YOUR MOTION.

THE CONDITION THAT WE HAVE ALL EXHIBITS, THAT'S STAFF HAS, UH, THE APPLICANT SUBMIT ALL EXHIBITS TO STAFF ACCORDINGLY PRIOR TO THE COUNCIL MEETING.

WILL IT BE AN ISSUE FOR YOU TO GET I CAN HAVE THOSE TO STAFF TOMORROW.

THANK YOU.

I HAVE A, UM, QUICK QUESTION.

WHERE IS ENCORE AGAIN ON THAT MAP? UH, ENCORE IS LOCATED TO, UM, I'M ALL TURNED AROUND.

IT'S THE WAY NORTH FISH WHERE THE MOUSE IS.

SO IF IT'S OPEN FENCING, THEY'LL BE LOOKING AT ENCORE, THE PEOPLE WHO LIVE THERE WOULD BE LOOKING AT THE ENCORE FACILITIES.

THAT IS THE, UH, THERE ARE BUILDINGS THAT LINE UP RIGHT THERE AS WELL.

THE BACK OF THE BUILDINGS ARE LINING UP AGAINST WHERE EN THE ENCORE FACILITY IS.

SO WE, SO IT'D BE THE REAR OF THE BUILDINGS.

THESE ARE MORE ZERO, CLOSER TO, UH, THEY HAVE LESS OF A SETBACK ALONG THAT BACK WALL AREA.

SO THERE'S NOT REALLY A YARD FOR PEOPLE TO, TO RELAX IN.

OKAY.

UM, SO THAT YOU HAVE, YOU'D HAVE A, UH, A SCREENING OF THE STRUCTURES RIGHT THERE.

OKAY.

ENCORE'S REDEVELOPING THAT SITE ALSO, THAT THEY JUST MOVED THAT, THAT FACILITY TO OUR SOUTH, UH, BY DUNAWAY.

IS THERE ANY SORT OF LAND, OTHER LANDSCAPE BUFFER BETWEEN, OR, OR NEXT TO THE, UH, ENCORE PROPERTY? SO IF WE DID THE DECK METAL, THE LANDSCAPE PLAN, I BELIEVE THERE IS SOME BACK THERE.

SO ON'S POINT UP WHERE OUR LANDSCAPE PLAN CURRENTLY SHOWS.

SO WE DO HAVE LANDSCAPING LOCATED, SO A BUDDING, UH, THE ENCORE PROPERTY.

SO YOU'D HAVE LANDSCAPING THAT EXISTS.

THIS WOULD JUST SIMPLY BE CHANGING THE TYPE OF FENCING FROM DEC FROM MASONRY TO A DECORATIVE METAL FENCE.

I'M GONNA NAIL IT BY THE END OF THIS PROMISE.

WE'LL WAIT ON IT.

I'LL NAIL IT.

ANY MORE QUESTIONS FOR THE APPLICANT? I'M SORRY WE'VE MADE YOU STAND SO LONG.

OH, YOU'RE FINE.

, JUST TO COMMENT ON THE, ON, IF, IF THEY WENT WITH THE DECORATIVE METAL FENCE, I'M WONDERING IF IT WOULD LOOK FUNKY WITHOUT, UM, WHICH I LIKE THAT IDEA BY THE WAY, BUT, UM, WITHOUT THE LANDSCAPING, 'CAUSE IT WAS KIND OF A MOOT POINT, BUT I ACKNOWLEDGE FULLY THAT IN THIS MEETING WE CAN'T BRING THAT IN OR REQUIRE IT.

I JUST WANTED SOMETHING TO THINK ABOUT.

I THINK ALL THE, ALL THE LANDSCAPING WOULD REMAIN AS IS.

MM-HMM .

I REAL BETTER.

MM-HMM .

MORE SO.

OKAY.

YEAH.

MORE SO.

MM-HMM .

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU SO MUCH, SIR.

THANK YOU.

THIS IS A PUBLIC HEARING AND WE'VE HAD TWO PEOPLE SIGN UP TO SPEAK.

SPEAKERS.

MUST OBSERVE THE THREE MINUTE TIME LIMIT.

AND I WILL CALL KELLY JUSTICE.

FIRST PART.

WHAT THE SECOND PART? GOOD EVENING.

COULD YOU STATE YOUR NAME AND ADDRESS? UH, KELLY JUSTICE, 2 38 CA LAKE DRIVE HERE IN WAXAHATCHEE, TEXAS.

UM, I KNOW MANY OF YOU, UH, IF TRAVIS, IF YOU COULD POINT OUT WHERE OUR PROPERTY IS OVER THERE ON THAT MAP.

THE ONES THAT LOOK LIKE THE PICKLEBALL COURTS.

YEAH.

THEY'RE NOT PICKLEBALL COURTS.

WE'RE WAS, WE HAVE LEGACY RANCH DEVELOPMENT UP HERE ACROSS FROM THE VELO COLLEGE RIGHT BEHIND US.

WE HAVE 22 ACRES.

IT GOES BACK, UM, IT'S IN LINE WITH THE BOUNDARY ONLY THE BACK PART OF THE PROPERTY FOR WOOD WOODLAND COLLEGES.

IT'S BEEN A VERY NICE DEVELOPMENT.

WE WORKED WITH THEM ON EASEMENT, UH, AT ALLIANCE BOULEVARD FOR SOME DRAINAGE.

UH, I'M VERY HAPPY TO HEAR THE DISCUSSION ABOUT THE ROAD OR THE DECORATIVE , UH, FOR SEMANTICS HERE.

UH, YOU MENTIONED JENNY, ABOUT THE TRAFFIC COMING UP AND DOWN JOHN ARDEN DRIVE GOING TO THE CIVIC CENTER.

UH, IT'S ASTOUNDING THE AMOUNT OF TRAFFIC SINCE WE STARTED DEVELOPING OUT THERE.

HOW MUCH IN, IN ADDITION TO THE GROWTH OF WAXAHATCHEE, THAT DEVELOPMENT, UH, SO MUCH TRAFFIC, BAYLOR IS BUILDING ACROSS THE STREET FOR CONTEXT THERE TOO.

MY THOUGHT WHEN I SAW CONCRETE FENCING IS ALL OF YOU PROBABLY KNOW THE OLD, UH, MOVIE THEATER LOCATION WHERE SUPER MEDO AND GOLD GYM IS.

MM-HMM .

THAT IS A CONCRETE FENCE.

AND WE ALL KNOW HOW THAT LOOKS.

MM-HMM .

AND IT IS NOT VERY AESTHETICALLY PLEASING.

SO I DO HAVE A PROBLEM WITH THAT.

AND I WOULD VOTE, I WOULD ASK YOU TO VOTE TO DENY IT IF IT WAS STRICTLY A CONCRETE FENCE.

[01:10:01]

IF IT IS A WROUGHT IRON DECORATIVE FENCE, DEFINITELY OPEN TO IT.

I THINK FROM A SECURITY STANDPOINT, THE VISUAL STANDPOINT, IT'S A BETTER THING FOR US.

AND ALSO FOR THE EXISTING APARTMENT COMPLEX.

THEY HAVE A FENCE THERE AND I THINK THERE'S NO OWNERSHIP HERE, BUT IT WOULD BE BETTER FOR THAT PROPERTY AS WELL.

SO, UH, HE CAN ADD TO THAT RIGHT NOW.

SO I THINK THAT'S EVERYTHING FOR ME.

THANK YOU SO MUCH, MS. JUSTICE.

MR. JUSTICE.

MM-HMM .

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

UH, JOHNNY HAD JUSTICE 2 38 KATY LAKE DRIVE.

WAXAHATCHEE.

UH, MY MY FIRST QUESTION IS WHY, WHY WOULD YOU WANT TO CHANGE FROM THE BRICK? IF WE COULD HAVE YOU SPEAK DIRECTLY INTO THE MIC, WHY WOULD YOU WANT TO CHANGE FROM THE BRICK TO A CONCRETE? UH, BECAUSE THEY'VE DONE SO MUCH.

THEY'VE DONE A REALLY GOOD JOB ON EVERYTHING I'VE SEEN, AND I WATCH IT EVERY DAY.

BUT THE RETAINING WALLS ARE STONE.

THEY LOOK GREAT.

AND I'M JUST WONDERING WHY THEY WANT TO CHANGE.

I THINK THE GENTLEMAN SAID THAT HE WAS DOING IT BASED ON THE REQUIREMENTS THAT HE UNDERSTOOD THE MM-HMM .

THE PLAN DEVELOPMENT REQUIREMENT.

BUT NOW THAT WE'VE HAD THIS CONVERSATION AND BROUGHT UP THIS OTHER OPTION, HE'S WILLING TO CONSIDER THE DECORATIVE IRON FENCE.

OKAY.

WOULD THE DECORATIVE, AND THIS IS PROBABLY A TRAVIS QUESTION, WOULD THE DEC, WOULD THE DEC WOULD THE DECORATIVE FENCE BE IN LINE WITH OUR DEVELOPMENT OF THE 23 ACRES? IT'S A FUTURE DEVELOPMENT WHERE SOMETIMES THE CITY REQUIRES A BRICK AND MORTAR FENCE AS A PERIMETER, AS A, AS A, YOU KNOW, FROM, FROM ONE DEVELOPMENT TO THE OTHER.

AND I'M JUST WONDERING, IF YOU DO A RIGHT IRON FENCE, WOULD IT BE COMPLIANT? IF WE DO THE, WHEN WE DO DEVELOP THE 23 ACRES, I THINK WE'LL DEFER TO STAFF.

YEAH.

SO IF THE COMMISSION AND THEN COUNCIL WERE TO APPROVE THIS ALTERNATIVE FENCE TO A DECORATIVE METAL FENCE, THAT WOULD BE COMPLIANT BECAUSE THEY'VE ADOPTED AS PART OF THE ORDINANCE? UM, GENERALLY THERE ARE DIFFERENT TYPES OF FENCING WHEN IT COMES TO SINGLE FAMILY, A BUDDING, UM, NONS, SINGLE FAMILY PRODUCTS SUCH AS MULTIFAMILY, COMMERCIAL RETAIL.

THERE ARE DIFFERENT TYPES OF FENCING REQUIREMENTS THAT ARE TRIGGERED BY OUR STRAIGHT ZONING REGULATIONS.

WHAT WOULD THAT BE FOR OFFICE PARK? 'CAUSE THAT'S BA LEGACY RANCH IS OFFICE.

IT, IT WOULD BE A SOLID SCREENING WALL.

UH, MASONRY BRICK IS WHAT IS WHAT THE REQUIREMENT.

NOW, IN THE FUTURE, IF SOMEONE WERE TO COME IN AND REQUEST A PD OR AN SUP TO, DEPENDING UPON WHAT TYPE OF USE THAT THEY'RE REQUESTING TO DO, THEY WOULD HAVE THE ABILITY TO REQUEST AN ALTERNATIVE FENCING AT THAT TIME.

IF IT GOES IN LINE WITH THEIR DEVELOPMENT.

IT'S NOT UNCOMMON FOR DEVELOPERS TO REQUEST A DIFFERENT TYPE OF STYLE OFFENSE.

UM, DUE TO THE TYPE OF DEVELOPMENT THEY'RE, THEY'RE CONSTRUCTING, SUCH AS, IN THIS CASE, WHEN THEY CAME IN FROM A BRICK TO A, TO A, UM, PREFABRICATED WALL, IF IT, ONE OF THE REASONINGS THAT THEY HAD TOLD STAFF WAS IT WAS IN LINE WITH WHAT THEY WERE DOING.

UM, I, I WAS UNAWARE OF THE DECORATIVE METAL OFFENSE REQUESTS BACK IN THE DAY.

SO, UM, YEAH, I MEAN, IT JUST REALLY DEPENDS ON WHAT THE DEVELOPER REQUESTS, WHAT COUNSEL APPROVES.

BUT COUNSEL PROVES AS PART OF, NOR IT WOULD BE COMPLIANT WITH THE REGULATIONS.

MR. JUSTICE, I THINK THE ANSWER TO YOUR QUESTION WAS KIND OF THE CHALLENGE THAT I WAS KIND OF BACKHANDEDLY ISSUED TO THE P AND Z OF.

LET'S GET US BOTH TOGETHER AND LOOK AT SOME OF THESE OLDER ORDINANCES.

AND TRENT HAS DONE A FANTASTIC JOB OF IDENTIFYING LOTS OF THOSE IN THE PAST FEW MONTHS.

THIS IS PROBABLY ANOTHER ONE THAT WE NEED TO LOOK AT, UM, OF JUST, THERE'S BEEN NO PRECEDENT SET, UM, IN A DECADE OR MORE.

SO WE, WHEN SOMEBODY APPLIES, THEY JUST HAVE TO GO ON WHAT'S ON THE BOOK.

UM, AND STAFF PREVIOUSLY WASN'T GIVEN THE, THE LEEWAY TO INTERPRET ANYTHING, UM, TO WHERE IF IT WAS, IF IT HAD TO BE A SCREENED FENCE, IT HAD TO BE A SCREENED FENCE.

UM, BUT WHEN LOOKING AT THIS PROPERTY, OBVIOUSLY THE GOLF COURSE IS STILL THERE CURRENTLY.

WE HOPE IT STAYS.

UM, PLEASE CALL US BACK, MR. BURNS.

UM, BUT THE IDEA WOULD BE THAT IF THE PRECEDENT IS SET WITH THIS COMMISSION AS A RECOMMENDATION TO THE COUNCIL, WELL THEN STAFF WOULD HAVE THE, UM, STAFF, STAFF WOULD HAVE THE CONFIDENCE THAT IF SOMEBODY ELSE APPLIED FOR IT, THAT THEY WOULDN'T HAVE TO SAY NO.

BUT THEY HAVEN'T HAD THAT CONFIDENCE YET.

SO FROM A RECOMMENDING BOARD, SO

[01:15:02]

MORE THAN LIKELY THAT'S GONNA BE OFFICES ON THAT 23 ACRES AND THAT RIGHT IRON FENCE IS GOING TO SEPARATE THE OFFICE PARK FROM MULTIFAMILY.

THERE ARE ALWAYS OPTIONS WHEN IT COMES TO REG REGULATIONS, WHEN IT COMES TO REZONING A PIECE OF PROPERTY.

THERE'S ALWAYS OPTIONS THROUGH A PD AND SUP THAT ALTERNATIVE REGULATIONS CAN BE ADOPTED, UH, PER THE REQUEST.

UM, JUST LIKE A COUNCIL MEMBER SMITH HAD JUST MENTIONED THAT THERE'S PREVIOUS REQUESTS WHERE A DEVELOPER WILL COME IN AND REQUEST ALTERNATIVE FENCING, ALTERNATIVE SCREENING, UM, ESPECIALLY IF IT GOES IN LINE WITH THAT TYPE OF A DEVELOPMENT.

OKAY.

SO, ABSOLUTELY.

SO THE, I DON'T THINK ANYONE PROBABLY WANTS TO GO ON THE RECORD AT THIS POINT AND SAY, YES, A HUNDRED PERCENT BECAUSE THEN YOU MIGHT USE IT AGAINST US SOMEDAY.

USING A TYPE OF FENCE THAT MATCHES YOUR NEIGHBOR, I MEAN, THAT'S GONNA INCREASE YOUR ODDS OF GETTING WHAT YOU WANT DOING.

SAY WHAT AGAIN? USING A FENCE MATERIAL THAT MATCHES YOUR NEIGHBOR, THAT'S GOING TO INCREASE YOUR ODDS OF GETTING WHAT YOU'RE REQUESTING.

OKAY.

BUT I KNOW IN THE PAST THERE'S BEEN REQUIREMENTS FOR BRICK AND MORTAR, SO SEPARATING AND THAT'S, THAT'S IF YOU PLAN TO, SO I GO INTO, AND I HAVE, UM, I ALWAYS ENCOURAGE EVERYONE TO COME TO MY TRAININGS.

UM, IT'S OPEN TO THE PUBLIC AS WELL.

UM, THERE'S DIFFERENT TYPES OF ZONING REGULATIONS.

THERE'S STRAIGHT ZONING, THERE'S PDS WHEN A PROPERTY IS STRAIGHT ZONED AND SOMEONE DOESN'T WANNA DO ANYTHING OUTSIDE OF STRAIGHT ZONING.

THEY WANT TO KEEP WHAT THE, WHAT IT'S CURRENTLY ZONED.

THERE'S A SET OF REGULATIONS THAT THEY HAVE TO FOLLOW.

THAT STAFF IS ONLY ALLOWED TO APPROVE WITHIN THOSE REGULATIONS.

IF THEY WANT TO GO ANYTHING OUTSIDE OF THOSE REGULATIONS, THERE'S PROCESSES IN PLACE SUCH AS REZONING TO A PD THAT COULD ALLOW YOU TO CHANGE THOSE REGULATIONS, UH, REQUEST TO CHANGE THOSE REGULATIONS.

AND IF APPROVED BY BOTH P AND Z AND COUNCIL, THOSE REGULATIONS CAN BE THE NEW, UH, REGULATIONS THAT GUIDE AND DIRECT THE DEVELOPMENT OF THAT PROPERTY.

MM-HMM .

OKAY.

IT'S LIKE JEANNIE SAYS NOTHING.

YOU DON'T WANT TO GIMME A DEAD SET.

YES.

RIGHT NOW, WHAT I WOULD HAVE TO TELL YOU IS THAT THE PROPERTY WOULD HAVE TO FOLLOW THE CURRENT REGULATIONS SET FORTH IN THE ZONING ORDINANCE FOR THE CITY BLOCK STATUTE UNTIL THEY'RE CHANGED OR REQUESTED TO BE CHANGED AND APPROVED BY CITY COUNCIL.

MM-HMM .

CAN YOU INTERPRET THAT ? I, I, I JUST FOR, UH, I I WOULD BE MORE THAN HAPPY TO SIT DOWN WITH YOU.

YOU SAY, I, I'D BE MORE THAN HAPPY TO SCHEDULE A MEETING WITH YOU AND, AND DISCUSS THAT WITH YOU.

UM, 'CAUSE ONCE YOU GET ME GOING, I, I'M A NERD WHEN IT COMES TO ZONING.

UM, I WON'T SHUT UP.

MM-HMM .

SO, UM, JUST FOR THE SAKE OF TIME, I, I'D BE MORE THAN HAPPY TO SIT DOWN WITH YOU AND YOUR WIFE TO DISCUSS THE REGULATIONS AND THE ZONING PROCESS WITH YOU.

WHERE THERE'S A WILL, THERE'S A WAY, THERE'S PROBABLY A WAY TO GET YOU WHERE YOU WANT TO GO.

YOU JUST SEE, YOU SEE MY POINT? YOU'RE GONNA HAVE A RIGHT IRON FENCE HERE AND THEN YOU'RE GONNA HAVE A MASONRY FENCE RIGHT THERE.

ABSOLUTELY.

AND THOSE ARE CONCERNS THAT STAFF HAS AS WELL.

IT'S WHAT, UH, THOSE ARE, THOSE ARE CONCERNS THAT STAFF HAS WHEN YOU HAVE ALTERNA ALTERNA, ALTERNATIVE FENCING GOING ON.

ESPECIALLY ALSO WHEN YOU HAVE A FENCE ABUTTING ANOTHER FENCE.

THE ISSUES THAT THAT, THAT ARISE FROM THAT.

SUCH AS HOW DO YOU MAINTAIN IN BETWEEN THAT AREA? RIGHT.

AND SO THESE ARE ALL THINGS THAT WE TAKE INTO CONTEMPLATION WHEN A PROPERTY'S BEING REZONED.

THAT'S RIGHT.

MM-HMM .

I THINK I'M GOOD WITH IT.

THANK YOU SO MUCH, MUCH FOR SHARING.

I DO WANT, I DO WANT TO CONGRATULATE THIS GUY 'CAUSE HE'S DOING A GREAT JOB ON, ON, ON FROM THE CONSTRUCTION STANDPOINT FROM THAT'S AWESOME.

THE INFRASTRUCTURE STANDPOINT.

I MEAN, IT, IT'S ABSOLUTELY AMAZING.

AND ON ONLY ONE FOOT.

.

.

THANK YOU MR. JUSTICE.

THE CHAIRMAN WILL ENTERTAIN A MOTION.

WE WILL CLOSE THE PUBLIC HEARING NOW.

THE CHAIR WILL ENTERTAIN

[8. Consider approval of ZDC-52-2026 ]

A MOTION.

WOULD YOU MIND, UH, RESTATING THAT ? YEAH.

THAT, UH, DRAFT MOTION THAT YOU CAME UP WITH ? UM, THE RECOMMENDATION.

I WOULD, I WROTE IT DOWN.

I WOULD GO AS WE, SO, UM, WE RECOMMEND APPROVAL TO CHANGE THE CONSTRUCTION MATERIAL OF THE MASON RANGE SCREENING WALL TO DECORATIVE METAL FENCE WITH THE CONDITION THAT ALL EXHIBITS BE PRESENTED AND OR BE PROVIDED TO STAFF PRIOR TO THE CITY COUNCIL MEETING.

SO MOVED.

SECOND.

WE HAVE A MOTION.

AND SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

ALL OPPOSED, SAME SIGN.

MOTION CARRIES.

NEXT

[9. Public Hearing on a request by Tu-Hai Ngo, for a Specific Use Permit (SUP) for an Accessory Structure of 700+ sq ft use within a Single Family-1 (SF-1) zoning district located at 5025 April Lane (Property ID 207630) – Owner(s): Tien Ngo (ZDC-53-2026)]

IS OUR LAST ITEM FOR THE EVENING.

IT IS A PUBLIC HEARING REQUEST BY TWO HAY NOTE.

I'M SORRY IF I'M BUTCHERING THAT.

YEAH.

FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE OF 700 PLUS SQUARE FEET USE WITHIN A SINGLE FAMILY ONE ZONING DISTRICT LOCATED AT 50 25 APRIL LANE, PROPERTY ID 2 0 7 6 3 0.

OWNER 10 NO ZDC DASH 53 DASH 2026.

[01:20:02]

SENIOR PLANNER, WE'LL TRY TO MAKE IT QUICK.

ZDC DASH 53 DASH 2026.

UM, THE APPLICANT IS REQUESTING AN APPROVAL OF A SUP FOR AN ACCESSORY STRUCTURE OVER 700 SQUARE FEET LOCATED AT 5 0 2 5 APRIL LANE.

THE SUBJECT PROPERTY IS LOCATED WITHIN THE SF ONE ZONING DISTRICT.

THEREFORE, UM, ALL ACCESSORY STRUCTURES EXCEEDING 700 SQUARE FEET REQUIRES A SGP TO BE APPROVED BY CITY COUNCIL.

THE PRIMARY STRUCTURE IS OVER 2,900 SQUARE FEET.

THERE IS ONE EXISTING ACCESSORY STRUCTURE THAT'S APPROXIMATELY, UM, A HUNDRED SQUARE FEET SOMEWHERE RIGHT THERE.

UM, AND ALSO THEY HAVE AN ABOVE GROUND POOL.

UH, THE PROPOSED ACCESSORY STRUCTURE IS APPROXIMATELY 2,800 SQUARE FEET TO STORE HOUSEHOLD ITEMS AND A WORKSHOP.

THEY ARE PROPOSING ELECTRICAL AND PLUMBING TO BE INSTALLED.

UM, ONE THING TO NOTE IS THAT CITY COUNCIL APPROVED A DETACHED GARAGE, UH, LOCATED TO THE NORTH, DIRECTLY NORTH IN 2016.

AND ANOTHER SES RESTRUCTURE AT EIGHT 11 BROADHEAD ROAD, UM, EARLIER THIS YEAR.

SO HERE'S THE SITE PLAN AND THIS IS THE PROPOSED AREA WHERE THE OWNER IS, UM, PLANNING TO HAVE THAT ACCESSORY STRUCTURE LOCATED.

I DON'T THINK SO.

AND HERE'S A 3D VIEW OF IT.

SO IT'S, IT'S ESSENTIALLY A METAL BUILDING.

SO STAFF RECEIVED THREE LETTERS OF OPPOSITION, UM, BELONGING TO ONE PROPERTY.

UM, AND NO LETTERS IN SUPPORT OF THIS REQUEST.

STAFF RECOMMENDS APPROVAL OF THE, UM, APPLICATION REQUESTS SUBJECT TO THE CONDITIONS ON, LISTED ON THE STAFF REPORT AND STAFF.

AND THE, UM, APPLICANT IS HERE IF Y'ALL HAVE ANY QUESTIONS.

SO WE DON'T HAVE ANY COPIES OF THE OPPOSITION LETTERS.

UM, BUT THEY'RE FROM ONE PROPERTY OWNER WHO WROTE IN THREE TIMES, CORRECT? UH, TWO EMAILS AND A PROPERTY OWNER NOTIFICATION LETTER.

OKAY.

SO WHAT WAS THE PROXIMITY OF THE, I KNOW YOU SAID THAT KIND OF NORTH WEST OF THE PROPERTY THERE WAS A, A DETACHED GARAGE APPROVED, CORRECT? RIGHT HERE NEXT DOOR.

WAS THAT AND SOMETHING ON BROADHEAD YOU SAID? CORRECT.

UM, BROADHEAD IS SOMEWHERE OVER, I DUNNO, UH, BE BASKETBALL.

I, I THINK IT'S, I BELIEVE IT'S THIS PROPERTY.

SO STAFF, STAFF FEELS LIKE THIS IS NOT AN UNCOMMON REQUEST FOR THE AREA? UM, CORRECT.

FOR THE AREA AND FOR THE LOT SIZE MM-HMM .

OKAY.

AND YOU SAID IT'S WIRED AND PLUMBED WIRED FOR ELECTRICITY AND WILL BE PLUMBED CORRECT.

FOR HOUSEHOLD ITEMS AND A WORKSHOP.

AND A WORKSHOP.

AND WHAT TYPE OF MATERIAL? METAL.

ANY MORE QUESTIONS FOR STAFF? UM, YES.

CAN YOU GIVE US CLARITY ON THE LETTER OF OPPOSITION OR LACK THEREOF IF IT'S, SO, I, SO I DO APOLOGIZE.

I DON'T HAVE IT PRINTED.

UM, BECAUSE THE STAFF REPORTS WERE PRINTED, UM, PRIOR TO RECEIVING THOSE LETTERS SHE DID.

OKAY.

OR IF YOU COULD POSSIBLY READ IT INTO THE RECORD AND SURE.

JUST GIVE US A MOMENT AND WHO IT'S, UH, WHAT THE ADDRESS IS THAT IT'S FROM.

UH, SO WHERE THAT OPPOSITION LETTER'S LOCATED IS IN RED RIGHT HERE NEXT DOOR.

AND WE'RE LOOKING UP THE, UM, LETTER FREE.

AND WHEN WERE THE LETTERS MAILED OUT AND WHEN WERE THESE RECEIVED BACK? BECAUSE USUALLY JUST A MOMENT.

WE, WE TYPICALLY HAVE TO WORK BACKWARDS FROM THE MEETING WHENEVER WE DO SEND OUT NOTIFICATIONS.

SO GIMME JUST A SEC.

AND THE REASON I ASK THAT IS JUST BECAUSE YOU GUYS TYPICALLY MAIL THEM OUT IN PLENTY OF TIME FOR SOMEONE TO RESPOND,

[01:25:01]

FOR SOMEONE TO RESPOND AND FOR THAT RESPONSE TO GET INTO OUR PACKETS, RIGHT? SO MM-HMM .

SO, UM, WITH THE RECENT CHANGE WITH THE, UM, WITH OUR NEWSPAPER POSTINGS, WE HAVE TO SEND IT APPROXIMATELY A MONTH IN ADVANCE BEFORE P AND Z MEETING.

AND OUR PACKETS, OUR STAFF REPORT PACKETS SENDS TO BE PRINTED AND POSTED, OH, ABOUT TWO WEEKS IN ADVANCE.

AND WE RECEIVED THE LETTERS.

UM, UH, IT'S, WE ARE LOOKING AT THE DATE.

WHAT IS THAT? I THINK HE SAID JUST FOR THE APPLICANT.

I'M CURIOUS, WHILE, WHILE THEY LOOK, ARE Y'ALL RESTRICTED FROM FENCING OFF YOUR ENTIRE PROPERTY? TRAVIS? I MEAN, MAY I PULL TIM? WE'LL CALL HIM UP SHORTLY.

OH, SURE.

JUST A SECOND.

GOTTA LOVE TECHNOLOGY.

IT'S, IT'S THINKING .

SO WE RECEIVED ONE EMAIL ON THE 28TH AND THEN 28TH OF MAY.

UH, ANOTHER ONE ON 28TH OF MAY.

AND THEN THE ACTUAL LETTER, UH, THEY DATED ON THE 29TH.

AND WITH THE LETTER, THEY JUST, UM, CHECK OPPOSE.

AND THEN THERE WAS A SUBSEQUENT EMAIL FROM THE SAME PERSON.

I THINK EMAILS CAME FIRST AND THEN THE LETTER CAME.

CORRECT.

EMAILS CAME MAY 20TH AND 28TH AND THE LETTER CAME THE 29TH.

GOT IT.

YEAH.

WOULD YOU LIKE, SO, UM, YEAH.

SO WE RECEIVED TWO EMAILS, UM, AND ONE LETTER, UM, FROM THE SAME INDIVIDUAL, SAME ADDRESS.

SO WE ONLY COUNT ONCE OFFICIALLY, UM, AT 50 19, UM, THE LETTER THAT WE RECEIVED.

SO WHEN WE SENT OUT A SPECIFIC USE OR ANY KINDA LETTER, IT JUST SAYS A, THEY PUT COMMENTS IN IF THEY CHOOSE, SO, OR THEY CAN CHECK A BOX, EITHER SAYING THEY'RE IN FAVOR OR IN OPPOSITION.

THEY CH CHECK THE BOX THAT SAYS OPPOSE.

UM, WOULD YOU LIKE ME TO READ IN THE RECORD THE EMAIL? YES, PLEASE.

UM, THIS IS AN EMAIL TO OPPOSE ON THE GROUNDS OF THEIR SIGN UP INFORMATION.

GIVEN I HAVE QUESTIONS.

WHAT IS THE PURPOSE FOR USE OF THE BUILDING? I DEFINITELY DID NOT WANT A DOG KENNEL NEXT TO OUR NEXT DOOR TO OUR HOME.

IT WOULD BE A DETERRENT FOR FUTURE BUYERS AND HURT OUR PROPERTY VALUES.

ALSO, THERE'S NO MENTION MATERIALS BEING USED TO BUILD THIS STRUCTURE.

WHEN MR. SCHAEFFER BUILT HIS, UH, WORKSHOP LIVING QUARTERS NEXT DOOR TO MS, UH, TO THIS PROPERTY, HE HAD TO GET APPROVAL FOR MATERIALS.

HE, HE USED TO BUILD IT.

I HAD TO BE, I HAD TO BE BRICK AC, HEAT INSULATE, ET CETERA UNTIL WRITTEN NOTICES OF EXACT PURPOSES AND BUILDING MATERIALS, USED PLANS, ET CETERA.

MY VOTE IS OPPOSITION.

THANK YOU TR YOU'RE WELCOME.

ANY MORE QUESTIONS FOR STAFF? I HAVE A, I HAVE A QUESTION.

OH, I'M SORRY.

I HAVE A QUESTION.

SO, UM, THIS STRUCTURE IS GONNA BE 2,800 SQUARE FEET.

CORRECT.

AND THAT'S THE STORE HOUSEHOLD ITEMS IN A WORKSHOP.

IS THAT EXCESSIVE IN SIZE FOR THOSE TWO FUNCTIONS? SO, UM, A WORKSHOP, UH, I, I NEVER WANT TO SAY WHAT'S EXCESSIVE HERE IN TEXAS.

OKAY.

.

OKAY.

WHAT, WHAT'S TOO LARGE OF A, AS A WORKSHOP, WE'VE SEEN THIS TYPE OF ACCESSORY STRUCTURE BE APPROVED IN MULTIPLE AREAS THROUGHOUT THE CITY OF SIMILAR SIZES.

UM, ESPECIALLY ON LARGER PIECES OF PROPERTY.

UM, SUCH AS THAT.

SUCH AS THIS.

OKAY.

THANK YOU.

ANY MORE QUESTIONS FOR STAFF? THANK YOU.

STAFF.

IS THE APPLICANT HERE? YES MA'AM.

COULD YOU COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? TWO HIGH, NO, 50 25 APRIL LANE.

I GOT IT RIGHT.

I'M FEELING GOOD ABOUT MYSELF, .

THANK YOU SIR.

DO YOU HAVE ANYTHING YOU'D LIKE TO SHARE WITH, WITH THE, UM, COMMISSION? UM, ANY QUESTIONS? I'M NOT SURE WHAT I'M SUPPOSED TO BE DOING HERE.

MAY I SIMPLY ASK WHAT YOUR RESPONSE WOULD BE TO THE LETTER FROM YOUR NEIGHBOR? UM, I THINK THEY CONSIDER IT A BOARDING FACILITY FOR DOGS BECAUSE

[01:30:01]

AS YOU CAN SEE, I HAVE A ABOVEGROUND POOL THAT I GOT A SUP FOR AND I USE THAT FOR DOG DIVING TRAINING.

MY DOGS AND MY FRIENDS' DOGS.

SO THAT'S WHAT IT'S USED FOR.

SO THEY DO COME OVER, THEY DO USE THE POOL, BUT THEY LEAVE.

NO DOGS STAY OVER, IF THAT MAKES SENSE.

SO THAT'S A BUSINESS.

NO, THIS IS MY PERSONAL POINT.

MAY I APPROACH YOU? I JUST WANNA GIVE A BIG HIGH FIVE JIMMY.

'CAUSE WE WERE TRYING TO FIGURE OUT WHAT THAT GREEN THING WAS.

YEAH.

AND AT FIRST I THOUGHT IT WAS A PUTTING GREEN.

HE SAID I THINK IT'S A RUNNING DIVE, WHICH YEAH, IT'S GOLF TURF.

OH.

OH.

SO WE WERE, WELL RIGHT.

LOOK AT Y'ALL.

YOU'RE BOTH RIGHT AROUND IT.

UM, I JUST HAVE A QUESTION ABOUT THE NEIGHBORHOOD IN GENERAL.

ARE Y'ALL PREVENTED FROM FENCING IN YOUR ENTIRE PROPERTY? I DON'T BELIEVE SO, BECAUSE NOBODY HAS THEIR PROPERTY FENCE ALL THE WAY IN.

IT'S JUST, NO.

SO THE SHIPPERS, THE NORTH WITH THE BUILDING THAT WAS APPROVED JUST HAS TWO ROWS OF FENCE THAT'S EXPOSED.

THERE'S NO, IT'S NOT BOXED IN OR ANYTHING.

I THINK IT'D PROBABLY BE PRETTY EXPENSIVE TO FENCE THAT WHOLE THING.

YEAH, THAT AS WELL.

OKAY.

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU, MR. NO.

OKAY, THANK YOU.

THIS IS A PUBLIC HEARING AND WE HAVE ONE PERSON THAT SIGNED UP TO SPEAK FOR ZDC DASH 53 DASH 2026 SPEAKERS.

MUST OBSERVE THE THREE MINUTE TIME LIMIT.

MR. JOHN TABER.

AND YOU SAID THAT RIGHT? FEELING PRETTY GOOD ABOUT IT.

MOST PEOPLE SAY TABOR, PLEASE, .

THEY JUST STATE YOUR NAME AND ADDRESS FOR ME.

JOHN TABER.

I LIVE AT ONE 16 O' DONNA DRIVE, WA EDGE, TEXAS.

WE LIVE, UH, SEE THE SWIMMING POOL AT THE BOTTOM? THAT'S ON THE, YES.

THAT'S OUR PROPERTY RIGHT THERE.

WE'RE IN THAT CUL-DE-SAC AND HALF OF HIS PROPERTY.

UH, OUR PROPERTY LINE GOES IN, YOU CAN SEE THE RED THERE WHERE OUR PROPERTY LINE IS, UH, IN, I DON'T KNOW IF HE HAS A BUSINESS OR WHAT HE HAS, BUT THERE'S DOGS OUT THERE EVERY WEEK WITH HIM YELLING AT HIM TO PERFORM, RUNNING DOWN HIS 18 WHEEL.

THEY GOT JACKED UP SO IT, THE DOG CAN GO FETCH A A A DUCK OR SOMETHING OUT OF THE, OUT OF THEIR POOL BETWEEN THE DOGS BARKING AND HIS STARTER PISTOL.

UH, WHICH I'M SURE SHOOTS BLANKS, BUT, UH, IT, IT'S, IT, IT'S A LOT OF RACKET.

AND, UH, WE'VE GOT, THERE'S FOUR FAMILIES HERE.

UNFORTUNATELY, THEY DIDN'T GET HERE IN TIME.

'CAUSE NONE OF US KNEW WE HAD TO FILL OUT THAT LITTLE GREEN CARD.

MY WIFE SAVED ME OR I WOULDN'T BE UP HERE.

, THIS BUILDING'S GONNA BE 2,800 SQUARE FOOT.

IF YOU COULD PULL MY HOUSE UP, IT'S 2,500 SQUARE FOOT.

THIS THING'S GONNA BE MASSIVE.

YEAH, IT'S GONNA BE MASSIVE.

AND I HAVE TO BELIEVE THERE'S GONNA BE EVENTUALLY A KENNEL, A DOG KENNEL.

BECAUSE IF I, IF I UNDERSTAND HIS NEIGHBOR CORRECTLY, HE HAS A KENNEL NOW INSIDE HIS GARAGE.

NO, I DO NOT.

WELL, YOUR NEIGHBOR SAYS YOU KENNEL YOUR NEIGHBORS AS YOU DO.

IF WE CAN KEEP THE CONVERSATIONS TO DIRECTLY TO THE COMMISSION, THAT'D BE APPRECIATED.

ANYWAY, UM, THIS, THIS, WHEN I OPENED MY BACK DOOR THERE, THERE'S GONNA BE THIS MASSIVE BUILDING FOR MY VIEW OUT OF MY BACK YARD, ALONG WITH THEIR BACKYARD, ALONG WITH OTHERS' BACKYARD AND ALL THESE DOGS.

I, I I, I, I DON'T KNOW IF THERE'S ANY RESTRICTIONS AGAINST KENNELS IN OUR NEIGHBORHOOD, BUT I HOPE THERE IS BECAUSE WE DON'T NEED IT THERE.

IT'S JUST, UH, IT DEVALUES OUR PROPERTY.

AND, AND THAT'S OUR MAIN CONCERN ALONG WITH THE NOISE.

YOU ASKED ABOUT THESE LETTERS WHEN THEY WENT OUT.

UH, WE RECEIVED OURS ON MAY 26TH, AND IN THE LETTER IT SAID WE HAD TO RESPOND BY THE 29TH.

DON'T GIVE YOU ENOUGH TIME TO FIGURE OUT WHAT'S GOING ON.

I MEAN, I, I'M NOT A YOUNGSTER ANYMORE.

I GOTTA SIT DOWN AND THINK ABOUT THIS STUFF AND LOOK AT THINGS AND DISCUSS IT WITH MY WIFE WHO WILL TELL ME WHAT TO SAY.

.

THAT'S THE BEST THING TO SAY RIGHT THERE.

YEAH.

WELL, 50 YEARS OF MARRIAGE, I LEARNED THAT.

ANYWAY.

I'M TOTALLY AGAINST THIS.

SO ARE MY NEIGHBORS.

UH, SIR, LET MAY ASK THAT.

WHEN YOU SAY ALL THESE DOGS, CAN YOU GIVE ME SOME CLARITY ON WHAT YOU'VE SEEN WITH YOUR

[01:35:01]

OWN TWO EYES? WITH MY OWN TWO EYES, I'VE SEEN TWO OR THREE DOGS AT A TIME.

AND EVERY WEEK THEY'RE DIFFERENT OR EVERY SEVERAL WEEKS.

THEY'RE DIFFERENT DOGS.

AND ONE OF 'EM YAPS CONSTANTLY.

I DON'T CARE WHAT HE'S DOING, IF HE'S IN THE WATER, HE IS YAPPING SOME, ALL HE DOES IS BARK, BARK, BARK, BARK.

WE JUST HAD TO PUT DOWN OUR DOG AFTER 16 YEARS.

AND, AND I LOVE DOGS.

I DON'T HAVE A PROBLEM WITH THAT, BUT I HAVE A PROBLEM WITH NEIGHBORS TRAINING THEM OFF AN 18 WHEELER BED WHERE THEY RUN DOWN THERE AND JUMP IN THE SWIMMING POOL TO BRING BACK A, A RUBBER DUCK.

UH, AND THE BUILDING SIZE IS JUST MASSIVE.

IT'S FOR MORE, IT'S GOTTA BE FOR MORE THAN JUST A WORKSHOP.

I HAVE A BIG WORKSHOP BY THE WAY, BUT NOT THAT BIG.

SO YOU SAY ALL THESE DOGS AND YOU DESCRIBED A FEW, AND THEN YOU SAID EVERY FEW WEEKS.

AND THEN YOU TALKED SPECIFICALLY ABOUT ONE DOG AND WHAT THE HOMEOWNER'S TESTIFYING THAT HE STATED.

THOSE ARE HIS PERSONAL DOGS.

WOULD YOU AGREE WITH THAT? WELL, THEN HE'S BEEN TRAINING THEM FOR, I DON'T KNOW, 10 YEARS.

FIVE YEARS.

I, I, WE'VE LIVED THERE 10 YEARS AND THERE'S DOGS OUT THERE, UH, UH, UH, CONSTANTLY THAT ARE TRAINING AND THEY'RE TRAINING WITH A STARTER PISTOL.

AND THEY'RE TRAINING WITH YELLING AND SCREAMING CONSTANTLY AT 'EM.

NOW, YOU KNOW, IF I GO AFTER MY POOL, I CAN CERTAINLY HEAR ONE OF MY NEIGHBORS THAT'S HERE TONIGHT LIVES FOUR DOORS DOWN AND THEY HEAR 'EM AND, AND, AND COMPLAIN ABOUT 'EM.

YEAH.

UM, I DON'T WANNA SPEAK FOR TRENTON OR THE CITY STAFF, BUT I JUST WANTED TO ALSO MENTION THAT, UM, WE ARE WORKING ON THOSE DATES.

I'M SORRY, SAY IT AGAIN.

WE'RE WAKING, WE'RE WORKING ON THE DATES OF THE LETTERS AND THE NOTICES.

OKAY, THANK YOU.

UM, SO YOU'RE CONVINCED OVER THE PAST DECADE, THESE AREN'T THE SAME DOGS THAT NO, THEY'RE NOT THE SAME DOGS.

THEY CAN'T BE THE SAME DOGS.

I'VE SEEN THEM.

THEY'RE DIFFERENT COLORS.

THEY'RE DIFFERENT BREEDS.

THEY'RE NOT THE SAME DOGS.

I MEAN, FROM MY EYES AND, AND I, I'M, I MEAN, THAT'S AND MY NEIGHBOR'S EYES, THEY SAY THE SAME THING.

AND UH, UH, THAT, THAT BUILDING'S GOING TO BE, THAT BUILDING'S GONNA BE DOWN IN THE, IN THE, IN THE, YEAH, I UNDERSTAND.

BUT I, I SAW IT IN THAT CORNER, AND WHEN I OPEN MY BACK DOOR THERE, IT IS BIGGER THAN MY HOUSE.

IT'S RIDICULOUS.

THIS IS, THIS IS A NEIGHBORHOOD.

THANK YOU FOR ANSWERING MY QUESTIONS.

YOU BET.

ANYTHING ELSE, ANYBODY? MR. TABER, THANK YOU SO MUCH FOR SHARING YOUR CONCERNS WITH US.

THANK YOU FOR LETTING ME.

YES, SIR.

ABSOLUTELY.

AND THANK YOU FOR YOUR SERVICE.

THANK YOU VERY MUCH.

AND HOPEFULLY AS A GOOD NEIGHBOR, MR. NOAH IS AWARE THAT THIS ISN'T SOMETHING THAT'S GONNA BE GOING ON IN THE WEE MORNING, WEE MORNING HOURS OR LATE IN THE EVENING, OR IT'S, IT'S, THIS IS THE AMERICAN DREAM.

YOU CAN COME AND BUY LAND AND YOU CAN BUILD ON IT.

AND THAT'S EXACTLY WHAT WE DID TOO.

YES, SIR.

YES, SIR.

AND I'VE HAD A NEIGHBOR WITH A, A YAPPING DOG ALL TIMES OF THE NIGHT IN THE MORNING.

AND I HAD TO RESORT TO CALLING ANIMAL CONTROL, WHICH RESULTED IN ME AND THE NEIGHBOR HAVING TO HAVE A CONVERSATION OF SORTS.

SO HOPEFULLY, UM, NOW THAT MR. NOAH IS AWARE THAT THIS IS A CONCERN OF YOURS, THAT NEIGHBORS CAN COME TOGETHER AND WORK TOGETHER.

BECAUSE IF HE'S ASKING FOR SOMETHING THAT'S HAPPENING WITHIN THE NEIGHBORHOOD, IT'S WITHIN HIS RIGHT TO COME IN AND MAKE THE REQUEST.

HOWEVER, WE'RE RECOMMENDING BODY AND COUNSEL WILL ULTIMATELY MAKE THE DECISION.

SO, UM, IF THIS DECISION IS NOT TO YOUR LIKING THIS EVENING, YOU WILL BE ABLE TO BRING THIS AGAIN BEFORE COUNCIL.

WELL, YOU ALREADY GOT THE RECOMMENDATION FROM STAFF SO I KNOW WHAT THE DECISION'S GOING TO BE.

THAT'S NOT A PROBLEM.

WE'LL JUST GO ARGUE AGAIN AT CITY COUNCIL.

YES, SIR.

THE PROBLEM IS, 2,800 SQUARE FOOT BUILDING IS BIGGER THAN A HOUSE.

WHAT? WHY WOULD YOU PUT THAT IN THE NEIGHBORHOOD? MR. TABOR? I, I AND MADAM CHAIR SAID IT PERFECTLY.

P AND Z IS CONSIDERING JUST THE, JUST THE ZONING SIDE OF IT.

AND DOES THIS MEET ON, ON PAPER, DOES THIS REQUEST MEET WHAT WE HAVE IN PLACE, UM, AS A CITY? AND TO THAT POINT, UM, AND TRITON, CORRECT ME IF I'M WRONG, BUT IF, IF WHAT YOU'RE WORKING ON AS KIND OF, UH, REMOVING THESE REDUNDANT THINGS FROM FUTURE AGENDAS, THIS WOULD BE ONCE, SINCE IT'S NOT SEPARATELY METERED WOULD NOT EVEN BE ON A FUTURE AGENDA, CORRECT? YEAH, I I COULD GO BACK AND LOOK, BUT, UM, IF THIS, THOSE

[01:40:01]

MINIMUM REQUIREMENTS, THIS HIGHLY POSSIBLE, THIS WOULDN'T COME BACK BEFORE PLANNING COMMISSIONER CITY COUNCIL FOR APPROVAL IN THE FUTURE.

YEAH.

SO, SO WHAT, WHAT THE CHAIR OF THIS COMMISSION HAS TRIED TO EXPLAIN IS THAT THE OUTSIDE CONSIDERATIONS OUTSIDE OF JUST THE ZONING, DOES THIS MEET ON PAPER? THAT'S WHAT THIS COMMISSION HAS TO CONSIDER.

I HAVE PEOPLE COME UP HERE THAT'S AGAINST YOU.

IF IT MEETS IT ON PAPER, THEY'RE GONNA APPROVE IT.

SO WHY, WHY AM I HERE? BUT THEY COMMEND WASTING MY EVENING, SIR, BECAUSE THEY, THIS COMMISSION RECOMMENDS TO THE COUNCIL.

AND THE COUNCIL HAS A MUCH BROADER SCOPE TO CONSIDER.

SO THIS WOULD BE LIKE, I MEAN, I DON'T WANNA BE ARGUMENTATIVE TO YOU OR ANYONE ELSE.

I'M TOO OLD.

YES, SIR.

SO JUST, UH, BUT I'M TELLING YOU SOMETHING.

THE STAFF APPROVED IT, THE COMMISSION'S GONNA PASS IT.

SO WHY AM I HERE? SO WE RECOMMENDED, SO STAFF, ACTUALLY WE DIDN'T, WE HAVEN'T APPROVED ANYTHING.

WE GAVE A RECOMMENDATION OF APPROVAL BASED OFF CODE'S, REGULATIONS.

THE PREVIOUS CASE THAT WENT BEFORE THE, YOU VERY OFTEN DO NOT EVERYBODY, LET'S JUST MAINTAIN ORDER.

SO THE PREVIOUS CASE STAFF WAS RECOMMENDED.

NOW ON THE PLAIN ZONING COMMISSION DID RECOMMEND APPROVAL OF IT.

SO THE LAST CASE WE RECOMMEND NOW THE LETTER, THE LETTER YOU ALL SEND OUT.

YES.

ACCORDING TO STATE LAW SAID GREATER THAN 700 SQUARE FEET, CORRECT? CORRECT.

THIS IS FOUR TIMES GREATER.

WHY WON'T YOU PUT THE RIGHT, YOU MIGHT GET A LOT MORE RESPONSES IF THEY, IF PEOPLE IN THE NEIGHBORHOOD KNEW IT WAS GONNA BE 2,800 SQUARE FEET.

SO WE'RE REQUIRED.

SO ON THE LETTER AS WELL, THERE'S A QR CODE THAT DOES GIVE MORE ADDITIONAL INFORMATION WHEN YOU DO SCAN IT TO PROPERTY OWNERS, ANYONE WHO RECEIVES THAT LETTER.

UM, THE LETTERS WERE REQUIRED TO PUT CERTAIN INFORMATION PER STATE LAW.

AND SO THOSE, THE PROVISIONS THAT WE'VE ACTUALLY EXPANDED BEYOND WHAT STATE LAW REQUIRES US TO DO BY ADDING THAT QR CODE, UM, ONTO IT, THAT GIVES, THAT GIVES DETAILS ON WHAT IS BEING REQUESTED, THE DETAILS OF IT.

UM, BUT WE DO HAVE LIMITATIONS ON OUR NOTIFICATIONS PER STATE LAW.

I I APPRECIATE THAT IMMENSELY.

BUT DIDN'T YOU JUST HAVE TROUBLE WITH YOUR TECHNOLOGY? UH, NO.

WE PULLED IT UP.

WE HAVE THE DATES OF WHEN WE MAILED EVERYTHING UP.

TECHNOLOGY.

SOMEONE SAID, BUT LET ME, LET ME JUST SAY THIS AND I'M FINISHED.

I DON'T KNOW WHY IS IT AGAINST THE LAW TO PUT IN THERE THE DIMENSIONS OF THE BUILDING? UH, WE, SO WHEN WE SENT OUT NOTICES, THERE'S VARIOUS THINGS THAT WE COULD ADD.

UM, WHERE EACH NOTICE IS MULTIPLE PAGES LONG.

UH, WE'VE LEARNED FROM PAST HISTORY THAT PEOPLE DON'T READ THEM.

THAT PEOPLE DON'T REVIEW THE NOTICES, UM, TO MAKE IT MORE CONSISTENT, TO MAKE IT QUICKER FOR PEOPLE TO REVIEW.

THAT'S WHY WE PUT THE INFORMATION ON THE NOTICE THAT, THAT WE DO.

ONE MORE QUESTION.

HOW MANY HOMES AROUND THAT LOT DID YOU SEND IT TO? WE MAILED IT TO ALL PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY, WHICH ACCORDING TO STATE LAW, WHICH WE'RE REQUIRED TO MAIL OUT NOTICES TO, THAT'S STATE LAW.

SO THAT WAS 13 NOTICES WE SENT OUT.

OKAY.

THAT'S, THAT'S ABOVE OUR PAY GRADE.

THAT'S, THAT'S THE STATE LAW.

THIS WHOLE THING IS ABOVE MY PAY GRADE.

I'M AN OLD MAN, RETIRED.

I JUST DON'T WANT MY PROPERTY MESSED UP.

AND, AND, AND I DON'T WANT TO KENNEL.

AND THAT'S WHAT'S GONNA HAPPEN.

YOU'VE MARKED MY WORK.

I WOULD LIKE TO ASK STAFF JUST TO, UM, YOU KNOW, HOPEFULLY PUT THE NEIGHBOR'S MINDS AT EASE.

WOULD ANY KIND OF DOG BOARDING FACILITY HAVE TO HAVE AN SUP? UH, THEY WOULD BE REQUIRED TO CHANGE THE ZONING OF THEIR PROPERTY IN SF ONE.

IT DOES NOT ALLOW FOR ANY KENNELS BOARDING THAT WOULD REQUIRE A FULL ZONING CHANGE, WHICH MORE THAN LIKELY STAFF WOULD NOT SUPPORT.

THE OWNER JUST SAID THAT IT WAS FOR PRIVATE USE.

IT WASN'T BUSINESS.

THAT'S WHAT THE OWNER JUST SAID.

I JUST SAID THERE'S MULTIPLE DOGS, DIFFERENT VARIETIES, DIFFERENT BREEDS, DIFFERENT ANIMALS.

AND SOME OF 'EM ARE SCARED TO DEATH AND DON'T WANT TO JUMP IN THE WATER.

AND STARTER CRYSTAL KIND OF SCARED ME A LITTLE BIT UNTIL I FIGURED OUT WHAT THE HECK HE WAS DOING.

SO, YOU KNOW, I KNOW WE GOT RULES AND REGULATIONS AND THE COUNCIL WILL DO THIS AND YOU GUYS WILL DO THAT.

AND SOMEONE ELSE WILL DO SOMETHING ELSE.

I DON'T WANT HIM MASSIVE BUILDING OUT MY BACK DOOR.

PLEASE.

THANK YOU.

YOU HAVE ANY OTHER QUESTIONS? I, I HAD A COMMENT.

.

SO I, I THINK YOU DID A GOOD JOB WHEN YOU, BECAUSE YOU STATED, HEY, I'M JUST AN OLD MAN.

NO, YOU DID A GOOD JOB AND YOU VOICED YOUR OPINION AND WE APPRECIATE THAT.

MM-HMM .

BUT, UM, I, I, I JUST WANT YOU TO TAKE NOTE AND TAKE SOME TIME TO LOOK AT THIS BOARD AND LOOK AT WHAT WE'VE DONE WAY BEFORE I WAS HERE.

AND WE DON'T JUST DO WHAT THE STAFF SAYS.

THAT IS A RECOMMENDATION.

AND AS YOU SAW EARLIER WITH THE FENCING ISSUE, WE CAN MODIFY

[01:45:01]

AND THEN REST ASSURED THAT GOES TO COUNCIL.

AND NOW THAT YOU AND ALL YOUR NEIGHBORS KNOW TO GET THERE JUST A LITTLE BIT EARLY TO FILL OUT THE PAPERS, YOU CAN VOICE YOUR OPINION, BUT YOUR OPINION MATTERS.

APPRECIATE THAT.

MAY I TAKE YOU SOMETHING IN 1988? BECAUSE IF I ONLY WENT OFF OF JUST THE HOMEOWNER'S STATEMENT, THEN I WOULD BE COMPLETELY CONVINCED THAT IT'S AS PRIVATE USE DOGS.

IF IT WASN'T FOR YOU SIGNING UP IN 1984, I CAME TO WAXAHATCHEE IN A COAT AND TIE TO THE, TO THIS BOARD.

THERE'S FOUR PEOPLE THEN AT LEAST THAT'S WHO MET.

IT WAS IN A DUNGY OLD BUILDING OVER HERE SOMEWHERE.

SURE.

OLD POST OFFICE.

AND IT WAS THE GOOD OLD BOY SYSTEM.

I'M TICKLED TO SEE THAT THESE THINGS HAVE EXPANDED AND MORE CITIZENS ARE INVOLVED.

BUT ONE THING I'VE LEARNED, AND I'VE BEEN INVOLVED IN A LOT OF THINGS OVER MY YEARS, IS THAT BOARDS HAVE A TENDENCY TO FOLLOW THE LEADERSHIP IN CITY HALL.

IF THEY WANT IT, THEY USUALLY GET IT.

AND THAT'S THE WAY IT WORKS.

THAT'S THE WAY IT WORKED.

WHEN I CAME HERE IN 1983, BECAUSE I WANTED TO SUBDIVIDE SOME LAND ON BROADHEAD ROAD AND ONE MAN STOOD UP AND SAID, NO, THAT YOU CAN'T DO THAT.

AND, AND AND WHO WAS HE? HE WAS A BIG FARMER GUY OUT THERE THAT SOLD ALL THESE LOTS.

AND HE DIDN'T WANT 'EM DIVIDED.

HE WANTED ME TO BUY ANOTHER ONE.

AND THAT'S OKAY.

I MEAN, THAT'S HIS BUSINESS.

I DID MY BUSINESS.

I LOST THERE TOO.

BUT I'M JUST GLAD TO SEE MORE, MORE CITIZENS INVOLVED.

THANK YOU MR. TABER.

THANK YOU.

WE WILL NOW CLOSE THE PUBLIC HEARING AND THE CHAIR WILL ENTERTAIN A MOTION.

YOU MAKE IT? NO SIR.

THANK TABER.

YES.

THE CHAIR WILL ENTERTAIN A MOTION.

CALL THE A BACK UP.

WE STILL NEED TO CLOSE THE PUBLIC HEARING.

SHE DID.

OH, YOU DID? OKAY.

YES SIR.

THANK YOU.

UM, YES SIR.

CAN WE CALL THE APPLICANT BACK UP? SURE.

WOULD YOU MIND COMING BACK UP? UH, NOW THAT, HOLD ON JUST A SECOND.

NOW THAT WE'VE CLOSED THE PUBLIC HEARING, CAN THE APPLICANT COME BACK UP? YOU'RE ALWAYS ALLOWED TO ASK ANYONE IN PUBLIC QUESTIONS EVEN AFTER THE PUBLIC HEARING.

THANK YOU, SIR.

MAD CHAIR.

THIS IS YOUR MEETING.

WE'RE JUST LIVING IN IT.

YOU CAN DO WHATEVER YOU WANT TO, SIR.

THANK YOU SO MUCH.

MAYOR PRO 10.

YES SIR.

CAN YOU, MR NO.

CAN YOU ELABORATE A LITTLE BIT ON YOUR INTENDED USE OF THE STRUCTURE? SO JUST LIKE MY NEIGHBOR'S HOME, HIS BUILDING IS 2,600 SQUARE FEET.

MINE IS ONLY 200.

A LITTLE BIT MORE.

'CAUSE THE RULE IS I CAN'T HAVE IT BIGGER THAN MY HOME.

SO I'M JUST MAXIMIZING THE SPACE THAT I HAVE.

I HAVE A AC ABOUT AN ACRE AND A HALF AND I WANT TO USE IT.

SO THAT'S WHY I'M MAXIMIZING THE SPACE.

SO WOODWORKING, WOOD BURNING, PUTTING ALL MY JUNK, MY WIFE'S JUNK IN THERE.

RIGHT? AND TO THE COMMENT WHERE I HAVE A KENNEL NOW I CAN PULL A LIVE P IN MY GARAGE.

NOW THERE ARE NO DOGS IN THERE, SO HE MAY SEE OTHER DOGS, BUT I DO DOG DIVING.

HE'S HERE, IT'S A START A PISTOL.

'CAUSE I'M DOING DUCK RETRIEVER TRAINING, SO IT DOES GET LOUD, BUT IT IS A 22 STARTER.

I'M NOT SHOOTING OFF A 50 CAL BMG IN MY BACKYARD OR ANYTHING LIKE THAT.

RIGHT? SO I DO MAKE NOISE, BUT MY DOGS DO BARK.

DOGS BARK, RIGHT? AND WHEN WE'RE DOG HUNTING, THEY'RE QUIET AND I GO, GO GET, OR I HAVE TO SCREAM.

I HAVE TO TEACH 'EM, I HAVE TO TRAIN THEM TO GO OUT, PERFORM THE GUNFIRE SO IT DOES GET LOUD, RIGHT? SO I DON'T WANNA NITPICK AND SAY WHAT HE DOES IN HIS PROPERTY, BUT I KEEP MY MOUTH SHUT.

I'M GONNA KEEP IT HERE.

BUT THAT'S WHAT THE TENANT USES FOR.

OKAY.

SO I JUST WANT TO HEAR YOU SAY THE WORDS THAT YOU'RE, YOU'RE NOT INTENDING TO USE THIS FOR A COMMERCIAL PURPOSE.

YOU'RE NOT USING IT TO START UP A SO JUST FROM A SET, THE CONDITIONS OF THIS, OF OUR RECOMMENDATION, THEY'RE NOT ALLOWED TO USE IT FOR COMMERCIAL PURPOSES.

THAT WOULD BE PART OF THE REQUIREMENTS.

THAT WOULD BE A CODE VIOLATION IF THEY REUSE IT FOR ANY COMMERCIAL PURPOSES WHATSOEVER.

RIGHT? SO IS THAT IT? WE AGREE WITH THAT SIR.

SIR.

SO, BUT TO THE THING, AND GLENN, THE GENTLEMAN THAT LIVES BEHIND THE SHIFTERS, HE HAS A 2,600 SQUARE FOOT BUILDING.

I'M GONNA DO THE SAME THING JUST A LITTLE BIT BIGGER 'CAUSE MY HOME IS A LITTLE BIT BIGGER, SO I DON'T UNDERSTAND WHAT THE ISSUE IS THERE.

I'M JUST GOING BY WHAT I'M ALLOWED TO DO.

ANY MORE QUESTIONS FOR THE APPLICANT? I WOULD JUST TELL YOU THAT YOUR WIFE'S STUFF IS NOT JUNK.

YOUR PROBABLY IS , HERS.

IT'S NOT.

THANK YOU, MR. NO, THANK YOU.

THE CHAIR WILL ENTERTAIN A MOTION.

[10. Consider approval of ZDC-53-2026]

I MOVE TO RECOMMEND APPROVAL OF ZDC 53 20 26.

A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE OF 700 PLUS SQUARE FEET.

YOU SUBJECT TO THE CONDITIONS OF THE STAFF REPORT, AUTHORIZED THE MAYOR AND OUR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.

WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND WE HAVE A

[01:50:01]

MOTION.

AND SECOND.

ALL IN FAVOR? PLEASE RAISE RIGHT HAND.

ALL OPPOSED? SAME SIGN.

WE HAVE A SIX TO ONE.

AND WE WILL HAVE CLOSING COMMENTS, UM, FROM THE STAFF AND THE COMMISSION.

TRENTON, YOU HAVE ANYTHING FOR US THIS EVENING? I DO.

UH, I'D JUST LIKE TO THANK, UH, PLANNING COMMISSION FOR YOUR TIME.

EACH, UH, EACH AND EVERY WEEK, UH, THEY SPEND ON THESE AGENDA ITEMS, LOOKING THROUGH THEM.

UM, LIKE TO ONCE AGAIN, WELCOME MS. WILLIAMS FOR, UH, SACRIFICING HER TIME.

THIS IS A THANKLESS JOB.

UM, NO ONE GETS PAID ON THIS COMMISSION.

I'D LIKE TO THANK, UH, ACCOUNTS FOR ALL THEY DO.

UM, WE WILL CONTINUE TO, UM, IN THE NEXT HOPEFULLY FEW MONTHS AS THINGS KIND OF SETTLE DOWN AS WE GET SOME NEW PERSONNEL.

I'M WORKING ON SOME ADDITIONAL TRAININGS FOR OUR PLANNING COMMISSIONERS.

UM, SO BEING ON THE LOOKOUT FOR THAT.

WE'RE ALSO PROVIDING ADDITIONAL TRAININGS THROUGH VARIOUS AGENCIES LIKE THE AMERICAN PLANNING ASSOCIATION, UM, TEXAS CHAPTER, AS WELL AS TEXAS MUNICIPAL LEAGUE.

AND WE'RE ALSO GONNA BE BRINGING FORTH, UM, A FEW OF THOSE TEXT AMENDMENTS THAT WE DISCUSSED IN THE JOINT WORKSHOP WHERE WE WENT OVER SOME ANTIQUATED OR REGULATIONS WITHIN THE CITY.

UM, SO AS WE'RE READING THOSE FORWARD, FEEL FREE TO ASK QUESTIONS ABOUT THESE CHANGES.

UM, THAT'S WHAT WE'LL HAVE 'EM FORWARD.

WE'LL, WE'LL TRY TO PUT 'EM TOWARDS THE END OF THE, THE AGENDA SO WE CAN GET, UM, THE MORE IMPORTANT ITEMS COVERED FIRST THAT APPLICANTS HAVE SUBMITTED.

UM, BUT YEAH, SO IN THE NEXT COUPLE MEETINGS WE SHOULD HAVE SOME NEW TEXT MEMO FOR YOU.

THANK YOU.

THANK YOU, SIR.

SENIOR PLANNER.

I DO NOT.

THANK YOU SO MUCH.

COMMISSIONER UNDERWOOD.

I DON'T.

COMMISSIONER SIMPSON.

UH, JUST THANK YOU TO STAFF AND, UH, THANKS FOR KIND OF WALKING US THROUGH THE MOTIONS AND EVERYTHING TO TRY TO GET US WHERE, WHERE WE WANT TO GO.

SO I APPRECIATE Y'ALL SECOND THAT NEW COMMISSIONER WILLIAMS. UM, I JUST WANNA SAY I'M GRATEFUL TO BE ABLE TO SERVE MY, UM, COMMUNITY AND I'M LOOKING FORWARD TO DOING GREAT THINGS.

WONDERFUL.

MY FAVORITE VICE CHAIR .

THANK YOU SO MUCH.

UM, I AM GRATEFUL FOR EVERY PERSON WHO COMES IN TO EXPRESS THEIR OPINIONS.

UM, YOU KNOW, LIKE SEVERAL PEOPLE HAVE SAID, WE ARE A RECOMMENDING BODY WHO HAS TO GO OFF OF WHAT IS IN THE CITY STATUTES.

UM, BUT REALLY, REALLY APPRECIATE ALL OF YOU COMING TO THIS MEETING.

COMMISSIONER PORCH.

YEAH.

SO, UH, WELCOME MS. WILLIAMS. THANK YOU.

LOOK FORWARD TO GETTING TO KNOW YOU AND WORKING WITH YOU.

AND, UH, AGAIN, THANKS TO THE STAFF FOR CLARIFYING SOME ISSUES FOR US TONIGHT AND GETTING US TO THE, UH, FINISH LINE.

UM, AS I SAID IN OPENING PRAYER, JUST GRATEFUL FOR THE PEOPLE THAT SHOW UP THAT LOVE THEIR COMMUNITY.

UM, AND, AND, UH, THIS IS, THIS IS TEXAS.

YOU COME, YOU, YOU BUY YOUR LAND, YOU DO WHAT YOU WANT TO DO WITH IT.

UM, THAT'S JUST FINE WITH WITHIN THE, THE PERMIT AS AN ADDITIONAL, UH, CONVEYANCE.

SO WHAT'S ALREADY BEEN SAID, UH, THE SCOPE OF OUR LIMITATION IS DOES IT FALL WITHIN THE PARAMETERS IF THERE'S, IF THERE'S SOMETHING ELSE GOING ON THAT, THAT'S FAR EXCEEDS OUR SCOPE.

SO I JUST WANTED TO MAKE THAT CLEAR.

UM, BUT, UM, IT'S AN HONOR TO SERVE AND, UH, THANKS FOR COMMISSIONER CONNICK AS BEFORE.

DOWN AT THE END HERE AGAIN.

BUT NO, I, I ECHO WHAT EVERYBODY SAYS.

I WANT TO THANK STAFF FOR, FOR ENLIGHTEN US ON EVERYTHING THAT THEY DO.

HOWEVER, I WILL SAY THAT I WILL NEVER USE THE TERM WROUGHT EYE FENCE AGAIN.

, I'LL ALWAYS USE DECORATIVE METAL.

DECORATIVE METAL FENCES.

THERE YOU GO.

I APPRECIATE THAT.

THANK YOU SIR.

MAYOR PRO TEM.

SO JUST SO IT'S CLEAR, I'M JUST A SUB.

MAYOR WALLACE IS STILL YOUR COUNSEL.

LIAISON.

OKAY.

UH, WHEN SHE IS NOT AVAILABLE, UH, BECAUSE OF WORK, UM, SHE WILL MAKE A CALL TO THE BULLPEN AND I'LL BE HERE TO ASSIST AS NEEDED.

BUT YOU GUYS ARE DOING FANTA A FANTASTIC JOB.

UM, THE QUESTIONS ASKED, UH, THE ATTENTION TO DETAIL.

UM, IT MAKES ME PROUD THAT OUR GROUP HAS GOTTEN TOGETHER NOW FOR FOUR YEARS AND, AND, AND, AND CHANGED THIS COMMISSION, UM, TO A NEW DIRECTION AS MR. TAPER HAS SAID.

I MEAN, THIS, THIS COMMISSION HAS COMPLETELY, IT IS A 100% TURNOVER IN THE PAST FOUR YEARS.

UM, AND WE HAVE FOLKS ON HERE WHO CARE AND IT SHOWS.

UM, AND, AND THEN TO THAT, IF YOU GOT AN IDEA ON SOMETHING WE NEED TO CHANGE, LET'S CHANGE IT.

UM, IF IT HELPS TO PULL IT OFF OF STAFF'S AGENDA OR PULL IT OFF OF YOUR AGENDA AND OFF OF OUR AGENDA, LET'S DO IT.

UM, NO IDEA IS A BAD IDEA.

UM, AND THERE ARE PLENTY OF THINGS THAT WE NEED TO REFINE AND UPDATE.

SO THAT'S WR IRON FENCING OR DECORATIVE FENCING.

LET'S MAKE THAT CHANGE.

BUT YOU GUYS ARE DOING A FANTASTIC JOB.

THANK YOU SIR TRAVIS, I'D LIKE TO THANK EVERYONE THAT IS IN ATTENDANCE ON THIS EVENING.

IT IS OUR PLEASURE AND OUR PRIVILEGE TO SERVE THE CITY AND THE CITIZENS OF

[01:55:01]

WAXAHATCHEE.

THIS MEETING IS ADJOURNED.