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[1. Call to order and establish a quorum is present.]

[00:00:03]

ALL RIGHT. IT'S NOW 3:00 OCTOBER THE 19TH, 2026, AND THE REGULARLY SCHEDULED MEETING OF THE AMARILLO PLANNING AND ZONING COMMISSION IS NOW CALLED TO ORDER. THE COMMISSION CONSISTS OF 7 VOTING MEMBERS, 6 OF WHICH ARE PRESENT TODAY.

AT THIS TIME. IF YOU WISH TO ADDRESS THE PLANNING AND ZONING COMMISSION, YOU CAN DO SO ABOUT ITEMS LISTED ON THE AGENDA, OR YOU CAN ALSO WAIT UNTIL YOUR ITEM COMES UP ON THE AGENDA.

IF YOU DO CHOOSE TO SPEAK, PLEASE STATE YOUR NAME, WHERE YOU LIVE IN THE CITY AND SPEAKING TO THE MICROPHONE AND ADDRESS ALL REMARKS TO THE COMMISSION, NOT CITY STAFF. YOU'LL HAVE A MAXIMUM OF THREE MINUTES FOR COMMENTS.

OKAY. MOVING ALONG. ITEM 3A. ANY UPDATES ON CASES THAT WE'VE FORWARDED TO COUNCIL?

[3.A. Updates on cases forwarded to City Council by the Planning and Zoning Commission; ]

BRADY? YEAH. SO LAST WEEK WAS THE COUNCIL MEETING WHERE WE HAD THOSE SIX REZONINGS AND THAT PUE VACATION GO FORWARD THAT YOU ALL HAD CONSIDERED OVER THE LAST COUPLE OF MEETINGS, ALL THOSE. BUT ONE PASSED WITH A UNANIMOUS VOTE.

THE ONE THAT WAS A 3-2 APPROVAL WAS THE ALCOHOL RELATED VARIANCE OUT OF TOWN SQUARE THAT WAS APPROVED, BUT IT WAS A THREE TWO VOTE. SO THAT ONE WILL BE ON NON CONSENT AGAIN NEXT WEEK FOR ITS SECOND READING WITH THE COUNCIL.

AND ALL THE OTHERS WILL BE ON THE CONSENT AGENDA SINCE THEY WERE UNANIMOUS APPROVAL.

SO WITH THAT, THAT IS ALL COUNCIL WISE THAT YOU ALL HAVE PASSED ALONG TO THEM RECENTLY.

UNLESS THERE'S ANY QUESTIONS ON THOSE. ANY QUESTIONS? I'M A LITTLE CURIOUS. I DIDN'T HAVE A CHANCE TO WATCH THE CITY COUNCIL.

WAS THERE ANY LIKE, COMMENT ABOUT THE REASONING FOR THE TWO VOTES AGAINST? THEY JUST THE TWO THAT VOTED AGAINST IT WERE JUST CONCERNED ABOUT EXPANDING THE AMOUNT OF ALCOHOL RELATED LAND USES THAT WERE ALLOWED OUT THERE.

THEY HAD CONCERNS ABOUT THE POTENTIAL IMPACTS ON THE ADJACENT RESIDENTIAL USES IN THE AREA.

SO THOSE WERE THEIR PRIMARY CONCERNS. THANK YOU.

ALL RIGHT. ITEM 3B. ANY FUTURE AGENDA ITEMS THAT WE NEED UPDATES ON OR ANYTHING ON THE AGENDA COMMISSIONERS? OKAY. SEEING NONE MOVE RIGHT ALONG INTO OUR REGULAR AGENDA.

ITEM 4A. APPROVAL OF THE MINUTES FROM OUR OCTOBER THE 5TH, 2026 REGULAR MEETING OF THE P&Z.

[4.A. Consider approval of the minutes from the October 5, 2026 regular meeting of the Planning and Zoning Commission. ]

THOSE WERE EMAILED OUT TO EVERYBODY. ARE THERE ANY QUESTIONS, COMMENTS OR CONCERNS? IF NOT, I'D ENTERTAIN A MOTION FOR APPROVAL. I MOVE TO APPROVE PREVIOUS MINUTES.

ALL RIGHT. THANK YOU JOSH. DO WE HAVE A SECOND? SECOND. THANK YOU CINDI.

ALL THOSE IN FAVOR, RAISE YOUR HAND AND SAY AYE. AYE.

MOTION APPROVED. ITEM 4B BRADY. YES. 4B IS THE CONSIDERATION OF A PLAT CASE 2026-240-P

[4.B. Consideration of Plat 2026-240-P City View Estates Unit No. 23 An addition to the City of Amarillo, being a 0.91-acre tract of unplatted tract of land, in Section 231, Block 2, A.B.& M. Survey, Randall County,Texas. (VICINITY: Knoll Dr. & Western St.; APPLICANT/S: OJD Engineering, LLC for Seville General Contractors, LLC) ]

CITY VIEW ESTATES, UNIT 23. THIS IS AN ADDITION TO THE CITY OF AMARILLO.

IT IS A 0.91 ACRES IN RANDALL COUNTY, TEXAS, IN THE VICINITY OF KNOLL DRIVE AND WESTERN STREET.

THE APPLICANT IS OJD ENGINEERING LLC FOR SEVILLE GENERAL CONTRACTORS LLC, AND THEY ARE PROPOSING TO CREATE FIVE SINGLE FAMILY DETACHED HOMES ON FIVE LOTS WITHIN THIS PROPERTY THAT IS CURRENTLY UNPLATTED BECAUSE IT HAS ASSOCIATED PUBLIC INFRASTRUCTURE WITH THE PLAT.

THAT IS WHY IT REQUIRES CONSIDERATION BY THE PLANNING AND ZONING COMMISSION.

THIS PLAT HAS BEEN REVIEWED BY THE LOCAL UTILITY COMPANIES AND THE CITY STAFF, AND WAS FOUND TO CONFORM WITH THE SUBDIVISION ORDINANCE AND OTHER DEVELOPMENT REQUIREMENTS. WITH THE EXCEPTION OF THE CORRECTED ORIGINALS NOT YET BEING RECEIVED, A REVISION TO THE INFRASTRUCTURE PLANS PENDING APPROVAL AND COMPLETION OF THE IMPROVEMENTS NOT YET BEING COMPLETED, NOR SURETY BEING PROVIDED FOR THE IMPROVEMENTS AS OF THE TIME OF THIS REPORT.

REGARDING THE INFRASTRUCTURE PLANS DURING THE REVIEW OF THE PLAT, IT WAS IDENTIFIED THAT THE INTERNAL PROPERTY LINES REQUIRED ADJUSTMENT DUE TO A NEEDED RIGHT OF WAY DEDICATION FOR WESTERN STREET. AND WITH THE ADJUSTMENTS OF THOSE LOT LINES, THE DEVELOPER WAS GOING TO HAVE TO ADJUST THE LOCATION OF SOME OF THE WATER TAPS.

SO THEY WERE THAT WAS THE REASON FOR THE NEED FOR INFRASTRUCTURE PLAN REVISION.

THE APPLICANT IS IN THE PROCESS OF RECEIVING APPROVAL FOR THAT REVISION, BUT THAT'S STILL ONGOING AS OF TODAY.

AS IT PERTAINS TO THE PUBLIC INFRASTRUCTURE. AS YOU ALL KNOW, A DEVELOPER CAN EITHER COMPLETE THOSE IMPROVEMENTS OR PROVIDE SURETY FOR THE IMPROVEMENTS.

AND THAT IS STILL BEING FINALIZED AS OF THE LAST TIME STAFF CHECKED IN ON THIS ITEM.

SO THAT'S STILL PENDING AS OF THE REPORT STAFF RECOMMENDS APPROVAL OF THIS PLAT AS PRESENTED WITH THE CONDITIONS THAT CORRECTED ORIGINALS ARE RECEIVED.

THE INFRASTRUCTURE PLAN REVISION IS APPROVED AND EITHER THE PUBLIC INFRASTRUCTURE IS COMPLETED OR SURETY IS PROVIDED IN LIEU OF COMPLETION OF THE IMPROVEMENTS.

OKAY. THANK YOU. IS THERE ANYBODY IN OUR AUDIENCE THAT WOULD LIKE TO SPEAK FOR ON BEHALF OF THIS ITEM? IS THERE ANYBODY IN OUR AUDIENCE WOULD LIKE TO SPEAK AGAINST THIS ITEM? SEEING NONE.

COMMISSIONERS ANY QUESTIONS? OKAY. DO WE HAVE A MOTION FOR THIS ITEM APPROVAL?

[00:05:12]

ALL RIGHT. THANK YOU DICK. DO WE HAVE A SECOND? ALL THOSE IN FAVOR, RAISE YOUR HAND AND SAY AYE.

AYE. MOTION IS APPROVED. ITEM 4C. YES 4C IS THE CONSIDERATION OF A WAIVER AND A VARIANCE ASSOCIATED WITH PRELIMINARY

[*A portion of this item is missing content.*]

[4.C. Consideration of a Waiver and Variance Associated with Preliminary Plan 2026-196-PP Bellamy Park This item considers the request for a waiver from the requirement to provide alleys for a proposed subdivision (4-6-53(b)) and a variance from the requirement that proposed streets must connect with immediately adjacent existing streets (4-6-53(a)(9)). The proposed preliminary plan, Bellamy Park, is approximately 51.94 acres of unplatted land, in Section 183, Block 2, A.B.& M. Survey, Randall County, Texas. (VICINITY: Honeybee Ave. & Moon River Rd.; APPLICANT/S: LJA Engineering for Betenbough Homes) ]

PLAN 2026-196-PP ALSO KNOWN AS BELLAMY PARK. THIS ITEM IS TO CONSIDER THE REQUEST FOR A WAIVER FROM THE REQUIREMENTS TO PROVIDE ALLEYS FOR A PROPOSED SUBDIVISION, WHICH IS 4-6-53(B), AND A VARIANCE FROM THE REQUIREMENT THAT PROPOSED STREETS MUST CONNECT WITH IMMEDIATELY ADJACENT EXISTING STREETS, WHICH IS 4-6-53(A)(9).

THE PROPOSED PRELIMINARY PLAN BELLAMY PARK IS APPROXIMATELY 51.94 ACRES OF UNPLATTED LAND IN RANDALL COUNTY, TEXAS, IN THE VICINITY OF HONEYBEE AVENUE AND MOON RIVER ROAD.

THE APPLICANT IS LJA ENGINEERING FOR BETENBOUGH HOMES.

THE PROPOSED DEVELOPMENT IS A INFILL PROJECT THAT WILL CREATE APPROXIMATELY 308 SINGLE FAMILY HOMES UTILIZING MODERATE DENSITY ONE ZONING STANDARDS.

THE PROPOSED DEVELOPMENT IS ADJACENT TO THREE EXISTING SUBDIVISIONS FOX RIDGE TO THE NORTH, SATURN TERRACE TO THE SOUTH AND THE MEADOWS TO THE EAST, AND THE PRELIMINARY PLAN WAS SUBMITTED AND REVIEWED BY STAFF AND LOCAL UTILITY COMPANIES.

AND WHILE THE PRELIMINARY PLAN IS MOSTLY IN GOOD ORDER, THE APPLICANT HAS REQUESTED THAT NOTED WAIVER AND VARIANCE FOR THE DEVELOPMENT, AND TYPICALLY, PRELIMINARY PLANS ARE REVIEWED BY THE PLANNING DEPARTMENT AND DEVELOPMENT REVIEW COMMITTEE STAFF FOR THE CITY AND ARE ADMINISTRATIVELY APPROVED.

HOWEVER, IN INSTANCES WHERE VARIANCES OR WAIVERS ARE REQUESTED, THE PLANNING AND ZONING COMMISSION MUST CONSIDER THOSE PRIOR TO STAFF BEING ABLE TO ACT ON THE PRELIMINARY PLAN. THE DEVELOPER IS PROPOSING THIS DEVELOPMENT TO NOT CONTAIN ALLEYS, AND IS REQUESTING A WAIVER FROM THAT REQUIREMENT.

WHEN CONSIDERING AN ALLEY WAIVER, THE PLANNING AND ZONING COMMISSION CAN WAIVE THE REQUIREMENT IF DEFINITE AND ASSURED PROVISIONS ARE MADE FOR SERVICE ACCESS, SUCH AS OFF-STREET LOADING, SOLID WASTE COLLECTION, UTILITIES AND PARKING CONSISTENT WITH INADEQUATE FOR THE PROPOSED USE.

UPON REVIEW OF THE APPLICANT'S DESIGN, IT IS THE OPINION OF CITY STAFF THAT THE ALLEY WAIVER WOULD NOT BE DETRIMENTAL FOR THE CITY IF APPROVED.

IT IS NOTED THAT THE SUBDIVISION TO THE EAST, THE MEADOWS, WAS APPROVED AND CONSTRUCTED WITHOUT ALLEYS.

ADDITIONALLY, THE APPLICANT IS PROPOSING THE, FOR UTILITIES TO BE PLACED WITHIN THE STREETS OR EASEMENTS IN THE SUBDIVISION AND ACCESS TO LOTS WILL BE PROVIDED FROM THE STREETS WITHIN THE SUBDIVISION.

THE SOLID WASTE DEPARTMENT HAS ASSESSED THAT THE, HAS ASSESSED THE REQUEST AND STATED THEY WOULD BE ABLE TO SERVE THE CART SERVICE TO THIS SUBDIVISION. THE DEVELOPER IS ALSO SEEKING A VARIANCE FROM THE REQUIREMENT THAT PROPOSED STREETS MUST CONNECT WITH IMMEDIATELY ADJACENT EXISTING STREETS.

THE DEVELOPER'S PROPOSED SUBDIVISION IS LOCATED IMMEDIATELY TO THE WEST OF THE MEADOWS SUBDIVISION, WHICH STAFF NOTES WAS ALSO DEVELOPED BY BETENBOUGH HOMES.

THE MEADOWS LEFT ONE STREET EXTENDED OUT OF THE WEST SIDE OF THE SUBDIVISION, MOON RIVER ROAD, TO ALLOW FOR FUTURE CONNECTIVITY WITH FUTURE DEVELOPMENT WEST OF THAT SUBDIVISION.

AS CURRENTLY PROPOSED, THE DEVELOPER IS INTENDING TO DEVELOP A SPACE ON THE EAST SIDE OF THE NEW DEVELOPMENT FOR DRAINAGE PONDS AND AN AMENITY SPACE.

ADDITIONALLY, THE DEVELOPER IS NOW ALSO REQUESTING NOT TO CONNECT MOON RIVER ROAD FROM THE MEADOWS TO BELLAMY PARK.

THE APPLICANT IS REQUESTING THIS VARIANCE DUE TO WHAT THEY BELIEVE ARE UNIQUE TOPOGRAPHIC CHALLENGES WITHIN THE PROPERTY THAT ARE DETAILED IN THE VARIANCE LETTER THAT WAS INCLUDED IN YOUR PACKET. IN REVIEWING THE REQUEST FOR A VARIANCE, STAFF CONSIDERS WHETHER THERE ARE CONSTRAINTS WITHIN THE PROPERTY THAT ARE UNIQUE TO THE PROPERTY THAT ARE LARGELY NOT FOUND IN OTHER PORTIONS OF THE CITY, AND THE MAGNITUDE OF THE CONDITION AS IT PERTAINS TO THE VARIANCE REQUEST.

STAFF MUST ALSO WEIGH POTENTIAL IMPACTS FROM THE REQUESTED VARIANCES ON CITY SERVICES AND TO ADJACENT NEIGHBORHOODS.

WHEN CONSIDERING THE VARIANCE, THIS REQUEST AND PRELIMINARY PLAN WERE REVIEWED BY THE CITY'S DEVELOPMENT REVIEW COMMITTEE, WHICH IS COMPOSED OF CITY STAFF FROM THE PLANNING DEPARTMENT, CAPITAL PROJECTS AND DEVELOPMENT ENGINEERING, PUBLIC WORKS, BUILDING SAFETY, ENVIRONMENTAL HEALTH AND THE FIRE MARSHAL'S OFFICE.

ENGINEERING STAFF REVIEWED THE APPLICANT'S VARIANCE REQUEST LETTER ALONG WITH THE PROPOSED PRELIMINARY PLAN, INCLUDING TOPOGRAPHIC DATA, AND BELIEVE THAT THE TOPOGRAPHIC CONDITIONS FOUND ON THE PROPERTY ARE NOT UNIQUELY INHERENT TO THIS PROPERTY AND ARE SIMILAR CONDITIONS IN ADDITION TO SOME STREETS FOUND IN THE NEIGHBORING AREA, SUCH AS FARMERS AVENUE AND NASA AVENUE.

[00:10:04]

IN FACT, MORE IMPACTFUL TOPOGRAPHIC CHALLENGES EXIST IN OTHER DEVELOPED OR DEVELOPING PORTIONS OF THE CITY AND THE OPINION OF THE CITY ENGINEERING STAFF, AND BELIEVE THAT THE CONDITION THAT EXISTS ON THE PROPERTY IS NOT OF A MAGNITUDE THAT JUSTIFIES A VARIANCE, NOR IS UNIQUELY INHERENT TO THE PROPERTY. ADDITIONALLY, THE DEVELOPMENT REVIEW COMMITTEE STAFF ALSO IDENTIFIED OTHER FACTORS THAT SHOULD BE CONSIDERED WHEN WEIGHING THIS REQUESTED VARIANCE.

FIRST, IF MOON RIVER ROAD WERE TO BE CONNECTED THROUGH TO THE MEADOWS, EMERGENCY SERVICES WOULD THEN HAVE MORE ROUTES OF INGRESS AND INGRESS BETWEEN SATURN TERRACE, THE MEADOWS AND FOX RIDGE. CURRENTLY, THE MEADOWS, FOX RIDGE AND SATURN TERRACE ARE ISOLATED SUBDIVISIONS THAT DO NOT INTERCONNECT WITH EACH OTHER DESPITE BEING IMMEDIATELY ADJACENT.

UPON DEVELOPMENT OF THIS ADDITIONAL SUBDIVISION WITH MOON RIVER ROAD CONSTRUCTED THROUGH TO THE MEADOWS ADDITIONAL ROUTES OF INGRESS AND EGRESS BETWEEN THESE NEIGHBORHOODS WOULD BE CREATED, WHICH WOULD PROVIDE MORE POTENTIAL ROUTES FOR EMERGENCY SERVICES TO RESPOND TO CALLS FOR SERVICE, ESPECIALLY IN SITUATIONS IN WHICH SOME ROUTES WERE BLOCKED OR UNUSABLE, THUS IMPROVING PUBLIC SAFETY AND RESPONSE TIMES IN THE EVENT OF EMERGENCIES WITHIN THESE SUBDIVISIONS. ALONG THE SAME LINES OF THE JUST MENTIONED TRAFFIC IMPACTS AND ROUTING SHOULD BE CONSIDERED AS WELL.

WITH THE ADDITION OF 300, APPROXIMATELY 308 SINGLE FAMILY HOMES, THAT WILL LIKELY BE A NOTICEABLE INCREASE IN TRAFFIC FOR THE SURROUNDING SUBDIVISIONS, ESPECIALLY FOX RIDGE AND SATURN TERRACE IF ONLY TWO POINTS OF ACCESS TO THE NEW SUBDIVISION WERE CREATED.

WITH THE ADDITION OF MOON RIVER ROAD, IF CONSTRUCTED PER TYPICAL REQUIREMENTS, TRAFFIC IMPACTS WOULD BE FURTHER DISPERSED BETWEEN THE THREE ROADWAYS AND ADJACENT SUBDIVISIONS TO ENSURE THAT THE BURDEN IS NOT TOO FOCUSED ON FOX RIDGE AND SATURN TERRACE.

ADDITIONALLY, THE THIRD POINT OF ACCESS IN AND OUT OF THE NEIGHBORHOOD WOULD ALSO BETTER, OFFER BETTER CONNECTIVITY AND TRAFFIC FLOW BETWEEN AND AMONGST NEIGHBORHOODS IN THE AREA.

SO ON YOUR SCREEN RIGHT THERE, SATURN TERRACE IS IN RED, THE MEADOWS IS IN GREEN, AND THE REMAINDER OF FOX RIDGE AND SOUTH GEORGIA PLACES THERE TO THE NORTH. AND CURRENTLY, YOU CANNOT TRAVEL BETWEEN THESE THREE SUBDIVISIONS.

THIS MAP, THE THREE RED CIRCLES, ARE THE THREE POINTS IN WHICH STREETS WERE LEFT STUBBED OUT IN A MANNER TO WHERE FUTURE DEVELOPMENT COULD UTILIZE THEM.

SO THOSE WOULD BE THE THREE POINTS OF ACCESS THAT WOULD TYPICALLY BE REQUIRED FOR A DEVELOPER TO UTILIZE AND CONTINUE UPON THE DEVELOPMENT OF THIS PROPERTY, IF THE ORDINANCE WERE FOLLOWED. SO JUST A POINT OF REFERENCE THERE.

THE NEXT ASPECT TO CONSIDER IS SOLID WASTE SERVICE FOR THE AREA.

CURRENTLY, THE MEADOWS SUBDIVISION IS ON A CART COLLECTION ROUTE, WHILE SATURN TERRACE AND FOX RIDGE ARE SERVED WITH DUMPSTERS AND ALLEYS.

IF MOON RIVER ROAD WERE TO BE CONNECTED THROUGH TO THE MEADOWS TO BELLAMY PARK, THIS WOULD OFFER A MORE EFFICIENT ROUTING FOR THE CART SERVICE ROUTE THAT ALREADY EXISTS IN THE AREA AND THE MEADOWS. IF MOON RIVER WERE NOT TO BE CONNECTED THROUGH TO THE BELLAMY PARK THE TRASH TRUCKS THAT SERVICE THAT ROUTE WOULD HAVE TO EXIT THE MEADOWS ONTO FARMERS AVENUE AND THEN TRAVEL THROUGH SATURN TERRACE BEFORE REACHING BELLAMY PARK, WHICH WOULD REDUCE EFFICIENCY FOR THE EXISTING SOLID WASTE ROUTE IN THE AREA.

FINALLY, STAFF WOULD LIKE TO NOTE THAT WHEN THE MEADOWS SUBDIVISION WAS DEVELOPED AND MOON RIVER ROAD WAS DESIGNATED AND DESIGNED, IT WAS ALLOWED THE DEAD END AS IT CURRENTLY EXISTS, WHICH IS SHOWN ON THE SCREEN CURRENTLY WITH THE UNDERSTANDING THAT IT WAS TO CONTINUE IN THE FUTURE WHEN THE PROPERTY TO THE WEST WAS DEVELOPED.

IF MOON RIVER ROAD WERE NOT TO CONTINUE PAST THE MEADOWS AS IT CURRENTLY EXISTS TODAY.

THE ENGINEERING DEPARTMENT HAS STATED THAT THE ROAD SEGMENT IN THE MEADOWS WOULD POTENTIALLY NEED TO BE ADDRESSED, AS TYPICALLY CITY STAFF WOULD NOT HAVE APPROVED SUCH UNLESS FURTHER EXPANSION OF THE ROADWAY WERE ANTICIPATED TO FUTURE DEVELOPMENT.

AS LEAVING THIS IN THIS STATE WOULD BE AN INEFFICIENT USE OF TAX DOLLARS, TAXPAYER DOLLARS AND STREET MAINTENANCE TO JUST HAVE A DEAD END, STREET, DEAD END STREET SEGMENT THAT'S APPROXIMATELY 100FT LONG.

AND THEN JUST TO GO THROUGH SOME EXISTING EXAMPLES AROUND TOWN OF SOME STREETS THAT FEATURE SIMILAR [INAUDIBLE] GRADES THAT MAY BE FOUND IN THIS AREA. THIS IS ARDEN ROAD BETWEEN SONCY AND HELIUM.

THIS IS NASA AVENUE THAT IS ACTUALLY IN THE SATURN TERRACE SUBDIVISION THAT IS NEIGHBORING.

THIS IS A FARMERS AVENUE LOOKING BACK EAST ALONG THE SOUTH SIDE OF SATURN TERRACE.

AND THEN THIS IS A RESIDENTIAL STREET IN THE WOODLANDS. SO STREETS WITH TOPOGRAPHIC CHALLENGES ARE FOUND AND HAVE BEEN DEVELOPED IN MANY PARTS OF AMARILLO SO.

AND CONSIDERING THE JUST MENTIONED STAFF IS OF THE OPINION THAT A CONDITION DOES NOT EXIST THAT IS UNIQUELY INHERENT TO THE APPLICANT'S PROPERTY WHEN LOOKING AT SIMILAR CONDITIONS WITHIN THE CITY OF AMARILLO IN OTHER DEVELOPED AREAS THAT FEATURE TOPOGRAPHIC CHALLENGES.

[00:15:02]

ADDITIONALLY, STAFF HAVE IDENTIFIED SEVERAL CONDITIONS THAT WERE NOTED ABOVE THAT IF THE VARIANCE WERE TO BE APPROVED, WOULD BE DETRIMENTAL TO CITY SERVICES, AND RESIDENTS OF THE EXISTING NEIGHBORHOODS AT THE VARIANCE WERE TO BE APPROVED FOR THE MOON RIVER ROAD VARIANCE.

RECOMMENDATION. THE DEVELOPMENT REVIEW COMMITTEE STAFF RECOMMENDS APPROVAL OF THAT ALLEY, OF THE ALLEY WAIVER PER SECTION 4-6-53(B) AND THE DEVELOPMENT REVIEW COMMITTEE STAFF RECOMMENDS DENIAL OF THE REQUEST FOR THE VARIANCE FROM SECTION 4-6-53(A)(9) REGARDING STREET CONNECTIVITY TO IMMEDIATELY ADJACENT EXISTING STREETS. AND WHAT I'LL MENTION FOR STAFF, FOR THE COMMISSION BEFORE I TURN IT OVER TO YOU ALL, YOU ARE ABLE TO CONSIDER THE WAIVER AND VARIANCE INDEPENDENT OF EACH OTHER OR TOGETHER.

SO IT DOESN'T HAVE TO BE A ALL-IN-ONE DEAL. YOU CAN CONSIDER EACH INDIVIDUALLY.

SO WITH THAT I'LL TAKE ANY QUESTIONS YOU MAY HAVE.

THANK YOU BRADY. YEAH. I THINK IT'S APPROPRIATE TO TAKE THEM SEPARATELY.

SO WE'LL DO THAT. SO AS FAR AS THE ALLEY WAIVER ANYBODY THAT WOULD LIKE TO SPEAK FOR ON BEHALF OF THAT ITEM, PLEASE COME TO THE FRONT. ANYBODY THAT WANTS TO SPEAK AGAINST THAT ITEM.

OKAY. SEEING NONE. COMMISSIONERS ANY QUESTIONS REGARDING THE ALLEY WAIVER? MR. CHAIRMAN IF I MAY, I AM GOING TO BE COMPLETELY COMFORTABLE WITH THE ALLEY WAIVER PROVIDED THAT WE DO NOT PERMIT, BECAUSE I THINK THE ALLEY WAIVER IS AFFECTED BY WHETHER OR NOT WE PERMIT THAT OPENING.

SO I'M A LITTLE I'M A LITTLE CONCERNED ABOUT VOTING YES ON THE ALI WAIVER WITHOUT HAVING TAKEN UP THE OTHER MATTER, BECAUSE MY VOTE MIGHT BE DIFFERENT.

I CAN I CAN SEE YOUR POINT ON THAT. THANK YOU.

ANY OTHER QUESTIONS? OKAY. AND I WILL MENTION WE HAVE A REPRESENTATIVES FROM THE DEVELOPER AND ALSO THE CITY ENGINEER'S OFFICE AS WELL THAT ARE HERE TO FIELD ANY QUESTIONS.

SO JUST WANTED TO NOTE THAT REAL QUICK. OKAY.

COMMISSIONERS ARE YOU GUYS COMFORTABLE WITH LOOKING AT THE CONNECTIVITY ISSUE FIRST? THAT WAY WE CAN KIND OF FIGURE OUT HOW THAT GOES ON THE OTHER ONE.

I JUST GOT ONE QUESTION THANK YOU. I WAS ALREADY TOLD TO DO. SURE NO PROBLEM [LAUGHTER]. I FORGOT SORRY.

COULD YOU PUT THAT PICTURE BACK UP THAT SHOWS THE THREE DIFFERENT DIVISIONS OR SUBDIVISIONS? YEAH, SURE. THERE WE GO. OKAY, SO WE'RE TALKING ABOUT IS THAT GRAY AREA THAT'S GOING TO BE THE NEW AREA, RIGHT? YES. IT'S THE AREA THAT'S ESSENTIALLY BETWEEN THE RED AND THE YELLOW IN THAT GAP THERE.

THAT'S CORRECT. AND WHO DID THE DEVELOPMENT ON THE GREEN AREA? THAT WAS ALSO BETENBOUGH HOMES. SO AT THE TIME THEY DID THE GREEN AREA, THEY DREW PLANS INTENDING TO CONNECT MOON RIVER TO THE NEXT DEVELOPMENT. CORRECT? THAT THAT IS CORRECT.

AND NOW THEY CHANGED THEIR MINDS. IS THAT RIGHT? YES.

OKAY. THANK YOU. ANY OTHER COMMENTS? OKAY. LET'S GO AHEAD AND HEAR ABOUT IF ANYBODY WOULD LIKE TO SPEAK ON THE CONNECTIVITY VARIANCE.

ANYBODY LIKE TO SPEAK ON BEHALF OF THAT? GOOD AFTERNOON.

MY NAME IS JEREMY CHEATHAM. I AM WITH LJA ENGINEERING.

WE'RE THE CIVIL ENGINEER ON THE PROJECT. I GUESS OUR ONLY ARGUMENT ON THIS IS WE DON'T FEEL LIKE IT'S NECESSARY. I MEAN, I HEAR ALL OF THE CITY'S COMMENTS ON IT.

WE DID HAVE A PRELIMINARY APPLICATION CONFERENCE WITH THE CITY WITH ALL DEPARTMENTS THERE. AND AT THAT TIME, NOBODY SEEMED TO HAVE AN ISSUE WITH NOT INCLUDING THE DISCONNECTION BECAUSE WE TALKED ABOUT IT DURING THAT MEETING. SO THAT THAT'S, THAT'S WHERE THIS IS COMING FROM, I GUESS IS ARGUING AGAINST IT. WE HAVE THE FANNIN STREET TO THE NORTH AND THEN GEMINI TRAIL TO THE SOUTH THAT, THAT BOTH HAVE DIRECT ACCESS TO COLLECTORS TO THE NORTH AND THE SOUTH.

AND JUST DIDN'T FEEL LIKE THAT MOON RIVER CONNECTION WAS GOING TO BE USED VERY, VERY MUCH.

BUT THAT'S OUR ONLY, OUR ONLY, I GUESS ARGUMENT ON IT IS, IS THAT AND THE INITIAL MEETING THAT WE HAD WITH PRELIMINARY APPLICATION CONFERENCE THAT BASICALLY SHOWED THIS LAYOUT WITHOUT THE CONNECTION AND DIDN'T SEEM TO HAVE AN ISSUE WITH IT AT THAT TIME.

DO YOU WANT TO COMMENT ON THAT? SURE. SO THERE WERE MULTIPLE DESIGNS PRESENTED IN THAT PRE-APPLICATION CONFERENCE MEETING.

SO I THINK AT THAT TIME FOR CITY STAFF, IT WASN'T 100% CLEAR WHICH ONE WAS GOING TO BE UTILIZED.

[00:20:06]

AND FROM WHAT I RECALL, I THINK WHAT I REMEMBER IS THAT IF A STREET CONNECTION WAS NOT GOING TO BE PROPOSED, THEN THAT WOULD BE A VARIANCE THAT WOULD HAVE TO BE HEARD BY Y'ALL ULTIMATELY SO.

OKAY. IF I MAY ASK THE APPLICANT OR JEREMY, IF I MAY SO IS THE I MEAN, WHAT FACTORS LED YOU? ARE YOU. DID I UNDERSTAND YOU TO SAY YOU JUST DON'T THINK THAT THAT ENTRANCE WOULD BE USED OR? THOSE TWO ROADS THAT CONNECTION. SO IT WOULD BE ABOUT 10 TO 12% ROAD SLOPE.

SO THAT CONSIDERING THAT AND ALSO THE GRADE CHANGE AND THEN JUST HAVING THE TWO OTHER ACCESS POINTS JUST DIDN'T FEEL LIKE IT WAS. SO AS AN ENGINEER, IT'S YOUR OPINION THAT YOU, YOU COULD DEAL WITH IT IF YOU HAD TO, BUT IT'S NOT IN YOUR OPINION IT'S NOT IDEAL. IT'S NOT IDEAL.

BUT WE COULD MAKE IT WORK IF WE, IF WE HAD TO.

OKAY. THANK YOU. YES. WOULD YOU MIND PUTTING THE MAP BACK UP, SHOWING THE DIVISION OF THE PARCELS.

SURE. WHICH ONE? THIS ONE OR? THE COLOR CODED ONE.

OH, YES. THERE WE GO.

I CAN CLEARLY SEE THE NEED FOR THE CONNECTION.

SAY AGAIN. I CAN CLEARLY SEE THE NEED FOR THE CONNECTION.

YEAH, THE TRASH TRUCK DEAL WOULD BE THE ONE. I THINK ONE OF THE BIGGEST CONCERNS SINCE THEY.

THERE ARE NO ALLEYS IN THE GREEN AREA, NO ALLEYS IN THE NEW AREA.

SO I'M ASSUMING THE SAME TRASH TRUCK ON THE SAME DAY WOULD PICK UP THE GREEN AREA AND ALSO THE NEW AREA.

AM I CORRECT IN THINKING? BECAUSE READING IN THE DESCRIPTION, IT TALKED ABOUT THAT YOU WERE TALKING ABOUT A POTENTIAL DRAINAGE PONDS, WATER RETENTION PONDS THERE THAT YOU MIGHT HAVE TO BUILD A STREET THAT HAS EITHER CULVERTS OR MAYBE EVEN A BRIDGE ACROSS THERE IF YOU'RE GOING TO HAVE PONDS. SO, SO THE PONDS ARE NO LONGER IN THE PICTURE [LAUGHTER].

THOSE PONDS, WE'VE REMOVED THOSE PONDS FROM THAT AREA DUE TO THE SLOPE AND SOME GRADING CONSTRAINTS THAT WE HAD ONCE WE STARTED LOOKING AT GRADING, IT JUST DIDN'T REALLY WORK. THERE'S ALSO A 30-INCH STORM SEWER THAT THAT DEAD ENDS THERE.

THAT WE'RE GOING TO HAVE TO CONNECT AND EXTEND TO THE WEST, TO THE, TO THE FLOODPLAIN.

OKAY. AND THAT'S, THAT'S PLANNED EITHER WAY. OKAY.

THANK YOU. DO YOU MIND STATING THE DISTANCE BETWEEN THE TWO? IT'S ABOUT 300FT. OKAY. WHAT'S THAT LAND GOING TO BE USED FOR? JUST FUTURE DEVELOPMENT OR RETENTION PONDS OR? IT'S RIGHT NOW IT'S JUST OPEN SPACE. THEY'RE PLANNING SOME LANDSCAPING AND TRAILS, YOU'RE GOING TO OWN IT, RIGHT? BETENBOUGH WILL OWN IT YES.

SO THEY CAN GO BACK AND PUT MORE HOUSES. THEY CAN PUT MORE HOUSES IN THERE IN THE FUTURE THEN.

RIGHT? IT'S THE GRADE DIFFERENCE WOULD PREVENT THAT.

JUST BECAUSE THERE'S ALMOST 30FT OF FALL BETWEEN THAT EAST PROPERTY LINE AND THEN THE PROPERTY LINE TO THE WEST, THE BACK SIDE OF THOSE NEW LOTS. SO THERE'S ABOUT A 10% SLOPE THERE ON THAT ON THAT GRADE.

WHICH WOULD NOT BE IDEAL FOR HOUSES [LAUGHTER] SO.

THAT'S PART OF THE REASON WHY THAT, WHY THAT'S LEFT OPEN IS BECAUSE OF THAT 30-FOOT GRADE DIFFERENCE. SO THEY HAVE TO DO SIDEWALKS THERE AS WELL. SO.

THE PLATTED DEVELOPMENT IN THE IN ADJACENT TO THAT.

SO IF THEY WERE TO CONSTRUCT THAT STREET SEGMENT, THERE WOULD SIDEWALK BE REQUIRED ALONG THAT? YES. HELLO. MY NAME IS ADAM STEWART. I'M THE ASSISTANT CITY ENGINEER. YES. THEY WOULD HAVE TO CONSTRUCT SIDEWALK ALONG THAT PROPOSED STREET.

OKAY. IN THIS DEVELOPMENT, DOES IT CURRENTLY HAVE AN HOA? HOA? NO? THAT WE DON'T HAVE? I'M NOT SURE HOW THAT IS HANDLED GOOD AFTERNOON Y'ALL. MY NAME IS DENISE. 8780 HERITAGE HILLS PARKWAY IN RURAL TEXAS.

HERE TO SPEAK IN REPRESENTATIVE OF THE DEVELOPER.

SO YES, FOR THIS AREA TO MAINTAIN THAT COMMON AREA THAT WE'RE PLANNING IN THAT TRACK.

WE PLAN TO HAVE A POA. IT'S SIMILAR TO AN HOA EXCEPT THAT THEY DON'T HAVE, THEY DON'T GIVE THE OWNER ASSOCIATION AS MANY

[00:25:07]

RESTRICTIONS AS THE POA OR SORRY, AS THE HOA HAS.

AND THE HOA DOESN'T HAVE AS MANY AS OF THE FINES THAT THEY CAN FIND THE OWNERS TO.

WE FOUND THEM TO BE MORE SUCCESSFUL THAN HOAS IN OUR COMMUNITIES.

BUT THE BIG THING THAT THEY OFFER IS THAT LONG TERM MAINTENANCE OF THOSE COMMON AREAS.

SO THAT'S WHAT WE PLAN TO DO THERE. AND YES, IT IS WITH THE ANNUAL DUES THAT THE HOMEOWNERS PAY.

THANK YOU BOTH. THANK YOU GUYS. ANY OTHER QUESTIONS? I GOT ONE MORE QUESTION AND IF IT IS THEN THE MOST YOU CAN HAVE IS A 4% GRADE.

IS THAT RIGHT ON SIDEWALK? YES. FOR THAT TO BE ADA ACCESSIBLE, IT WOULD HAVE TO BE.

YEAH, THAT 10% SLOPE IS A LOT. SO WE WOULD HAVE TO LOOK AT [LAUGHTER] YEAH, THAT'S GOING TO BE A CHALLENGE TO MAKE THAT WORK.

OKAY. ANYTHING ELSE. I HAD SOME SIMILAR QUESTIONS ABOUT THE GRADING THAT MIGHT BE MORE FOR ENGINEERING DEPARTMENT SPECIFICALLY. LIKE WHAT? I KNOW THAT IT WAS KIND OF NOTED. THERE ARE SOME OTHER AREAS OF TOWN THAT HAVE SIMILAR GRADING ISSUES OR COULD YOU.

* This transcript was compiled from uncorrected Closed Captioning.