Aug 14, 2019 Planning Commission

SO ON THE CITY'S WEBSITE, YOU CAN, YOU CAN SEE IT WHILE IT'S LIVE, AND THEN IT'LL BE LOADED UP AS, UM, AS A VIDEO TWO REVIEW LATER.

DON'T BELIEVE IT'S ON TV S A YET.

SO THEN THEY'RE LOADING IT UP AFTERWARDS.

I THINK IT GETS, AND YOU CAN WATCH IT ON TV TOO IF YOU'D LIKE.

COMMISSIONER CARILLO PRESENT.

WE READY? SO STAFF READY TO BEGIN? COMMISSIONER'S READY.

[Call to Order]

GOOD AFTERNOON.

IT IS 2 0 3 AND WE ARE CALLING TODAY'S MEETING TO ORDER OF THE PLANNING COMMISSION STAFF.

CAN YOU DO THE ROLL CALL? COMMISSIONER MICHAEL GARCIA.

PRESENT.

COMMISSIONER ROHR ALLEG GREENY PRESENT.

COMMISSIONER RAMOS PRESENT.

COMMISSIONER MARTINEZ PRESENT.

COMMISSIONER PECK PRESENT.

COMMISSIONER GONZALEZ.

PRESENT.

CHAIRMAN GARCIA PRESENT, A QUORUM IS PRESENT.

ON THE AGENDA IS CITIZENS TO BE HEARD THAT YOU HAVE SIGNED UP TO SPEAK.

[Citizens To Be Heard]

YOU CAN CHOOSE TO SPEAK NOW OR WHEN YOUR INDIVIDUAL ITEM IS BROUGHT TO THE AGENDA, UH, REMEMBER TO STATE YOUR NAME, NAME AND ADDRESS FOR THE RECORD, AND EACH CITIZEN WILL HAVE THREE MINUTES TO ADDRESS THE COMMISSION.

DOES ANYBODY WISH TO SPEAK AT THIS TIME? I WAS GONNA SAY IF WE COULD TELL THEM WHICH INDIVIDUAL ITEMS ARE BEING PULLED FROM THE, UH, CONSENT, THEN THEY CAN SEE THAT IF THEY SIGNED UP FOR A PARTICULAR INDIVIDUAL ITEM, IT WILL BE HEARD INDIVIDUALLY.

CURRENTLY, BUT RIGHT NOW, GO AHEAD.

CURRENTLY WE HAVE AGENDA ITEMS NUMBER THREE, UH, AND THEN FOUR, AND THEN 6, 7, 11, AND 12.

THOSE ITEMS HAVE BEEN PULLED FOR INDIVIDUAL CONSIDERATION.

THE OTHER AGENDA ITEMS ARE STILL ON THE CON COMBINED HEARING AGENDA.

THAT'S WAS THAT AGENDA ITEM NUMBER FOUR? YES.

CAN YOU READ THE COMBINED HEARING AGENDA INTO THE RECORD? GOOD AFTERNOON, COMMISSIONERS.

DO WE HAVE ANY OTHER AGENDA? DOES ANYONE WISH TO SPEAK ON ANY ITEMS THAT ARE STILL ON THE COMBINED HEARING AGENDA? AND COMMISSIONERS HAVE ANY QUESTIONS OR COMMENTS ON ANYTHING ON THE COMBINED HEARING AGENDA? IF NOT, THEN STAFF,

[Consent Agenda]

MY NAME IS VICTORIA CASTRO, AND I'M A PLANNER FOR THE CITY OF SAN ANTONIO.

WITH THE EXCEPTIONS OF ITEMS 3, 4, 6, 7, 11, AND 12, WHICH HAVE BEEN PULLED FOR INDIVIDUAL CONSIDERATION, THE BALANCE OF TODAY'S AGENDA WILL BE CONSIDERED BY THE COMMISSION UNDER A SINGLE MOTION FOR APPROVAL.

THANK YOU FOR, FOR THE RECORD.

THE COMBINED HEARING AGENDA IS CASES, UM, IN WHICH THE PLANNING COMMISSION DOES NOT REQUIRE FURTHER DETAILED DISCUSSION.

UM, WE HAD A PRETTY GOOD WORK SESSION.

DO WE HAVE A MOTION ON THE COMBINED HEARING AGENDA? MOTION? TAKE A MOTION FOR APPROVAL.

WE HAVE A MOTION FROM COMMISSIONER GONZALEZ.

UH, DO WE HAVE A SECOND? SECOND.

SECOND.

COMMISSIONER PECK STAFF, CAN YOU DO THE ROLL CALL VOTE.

COMMISSIONER ROHR ALLEG? YES.

COMMISSIONER PECK? YES.

MOTION PASSES.

UH, ON THE AGENDA, WE WILL HEAR ITEMS NUMBER 6, 7 11, AND 12 AS ONE MOTION BECAUSE THEY'RE BEING PULLED FOR PURPOSES OF RECUSAL.

NEXT,

[Items For Separate Consideration]

IT IS 2 0 6 AND COMMISSIONER

[00:05:01]

PECK HAS LEFT THE ROOM.

DO WE HAVE A MOTION ON ITEMS NUMBER 6, 7, 11 AND 12? BILL MOVED.

SECOND, WE HAVE A MOTION FROM COMMISSIONER MICHAEL GARCIA, A SECONDER.

COMMISSIONER GONZALEZ STAFF, PLEASE TAKE THE ROLL CALL VOTE.

COMMISSIONER RO ALLEG GREENY? YES.

MOTION PASSES.

ON THE INDIVIDUAL HEARING AGENDA WILL BE ITEM NUMBER THREE.

[3. 180042: Request by James H. Japhet, Napa Oaks SA. LTD., for approval to replat and subdivide a tract of land to establish Napa Oaks, Unit-6B PUD Subdivision, generally located southeast of the intersection of Interstate Highway 10 and Napa Landing. Staff recommends Approval. (Richard Carrizales, Senior Planner, (210) 207-8050, Richard.Carrizales@sanantonio.gov, Development Services Department)]

STAFF CAN PLEASE MAKE THE PRESENTATION.

IT IS 2 0 7 AND COMMISSIONER PECK HAS RETURNED.

ITEM NUMBER THREE IS A REQUEST FOR APPROVAL TO REPL AND SUBDIVIDE ATTRACT A LAND TO ESTABLISH NAPA OAKS UNIT SIX B HUD SUBDIVISION GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 AND NAPA LANDING.

IS THE APPLICANT PRESENT IF THEY'RE OH, OKAY.

UM, THIS ITEM WAS PULLED BECAUSE WE DO HAVE SEVERAL CITIZENS SIGNED INTO SPEAK.

SORRY, I APOLOGIZE.

JUST ONE CITIZEN SIGN IN TO SPEAK.

IT LOOKS LIKE THE APPLICANT IS NOT PRESENT AND THE APPLICANT, IS HE THE APPLICANT? NO, I'M NOT THE APPLICANT, BUT, UH, OKAY.

SO YOU'RE, I'M REPRESENTING THE, UH, THE GIOVANNI AKA NO, NO, NO.

YOU'RE TALKING ABOUT NUMBER THREE? NO, I'M THE ENGINEER OF RECORD.

OH, OKAY.

YOU'RE THE ENGINEERED RECORD.

SO IT'LL BE REPRESENTING THE APPLICANT? CORRECT.

DO YOU HAVE ANYTHING YOU WANT TO ADDRESS, SIR, TO THE COMMISSION AT THIS POINT? NO, SIR.

OKAY, THANK YOU.

NEXT, WE WILL HAVE CITIZENS TO BE HEARD FOR ITEM NUMBER THREE, AND I BELIEVE THAT IS GIOVANNI SAKA SCHA BUS.

AKA.

PLEASE, CAN YOU GO UP TO THE MIC PLEASE? PLEASE COME UP TO THE PODIUM.

STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE THREE MINUTES? YES, SIR.

THANK YOU, YOUR HONOR.

GIOVANNI SAKA.

MY ADDRESS IS 2 7 9 0 2 LOKAH FALLS, BERNIE, TEXAS 7 8 0 1 5.

AND, UH, MY PROPERTY IS, UH, IS ADJACENT TO THE LOT THAT IS BEING REQUESTED, UH, OR WAS APPLIED.

THERE WAS AN APPLICATION FOR REPL.

AND MY QUESTION IS, UM, SO WE WERE TOLD THAT THERE ARE EASEMENTS, UTILITY EASEMENTS, UH, SO THERE'S A GAS LINE ON THAT LOT RIGHT NEXT TO MY PROPERTY AND THE WATER MAIN, I'VE BEEN TOLD, I'M NOT REALLY SURE WHAT IS THE PLAN FOR THAT LOT? WHAT IS THE PLAN FOR BEHIND THE PROPERTY? THAT'S WHAT I DON'T UNDERSTAND AND THAT'S WHY I PUT IT DOWN AS A QUESTION.

WHO IN THIS, UH, MEETING CAN ANSWER THOSE QUESTIONS, PLEASE? THAT, WOULD THAT BE THE CASE MANAGER OR THE, UM, THE ENGINEERS HERE ANSWER THOSE QUESTIONS.

UH, JESSE VALDEZ WITH N BBC ENGINEERS.

UM, YEAH, WE'RE REPLAYING THAT BASED ON THE RECOMMENDATION OF BEXAR COUNTY.

BEXAR COUNTY WANTED US TO COMBINE THE ENTIRE, UH, PIECES OF LAND TOGETHER AS ONE ITEM.

THAT'S EXACTLY THE PURPOSE OF THE ENTIRE REPL.

UH, IF YOU LOOK AT, AT THE SECOND SHEET, I GUESS YOU'LL SEE THE PORTION WHERE IT'S ALL COMBINED TOGETHER.

NOW, AS FAR AS THE EASEMENTS, THEY STILL EXIST.

THEY'RE NOT GONNA CHANGE.

THEY'RE GONNA BE REROUTED.

THEY STILL EXIST AS FAR AS THE PROPERTY UP TO THE NORTH THAT BELONGS TO SOMEBODY ELSE THAT DOESN'T BELONG TO THE THE NAPA OAKS.

QUESTIONS.

ANY COMMISSIONER, ANY, UH, QUESTIONS FROM THE COMMISSIONERS? THANK YOU.

UM, AND THEN IF, IF, IF YOU HAVE ANY FURTHER QUESTIONS, YOU CAN TALK TO HIM OR YOU CAN TALK TO THE, WHO'S THE CASE MANAGER FOR THIS ONE, OR, UH, YEAH.

RICHARD ZALES IS THE CASE MANAGER.

RICK ZALES.

SO IF YOU HAVE ANY FURTHER QUESTIONS, YOU CAN TALK TO THE, THE ENGINEER OR YOU CAN TALK TO CITY STAFF.

WE HAVE A MO DO WE HAVE A, I GUESS WE'RE READY FOR A MOTION.

WE MAKE A MOTION FOR APPROVAL.

WE HAVE A MOTION FOR APPROVAL FROM COMMISSIONER PECK.

ANY COMMISSIONER QUESTIONS OR COMMENTS? NOPE.

SECOND, WE HAVE A MOTION FOR APPROVAL FROM COMMISSIONER PECK.

I SECOND FROM COMMISSIONER GONZALEZ.

STAFF DUE TO THE ROLL CALL.

COMMISSIONER RO EGRIN? YES.

COMMISSIONER PECK? YES.

[00:10:01]

ON THE INDIVIDUAL HEARING AGENDA WILL BE ITEM NUMBER FOUR.

MOTION PASSES.

[4. 180303: Request by Chad Nugent, Ladera I, LLC, for approval to replat and subdivide a tract of land to establish Ladera, Unit-1D Enclave Subdivision, generally located northwest of the intersection of Briggs Ranch Road and State Highway 211. Staff recommends Approval. (Jose Garcia, Planner, (210) 207-8268, Jose.Garcia4@sanantonio.gov, Development Services Department)]

ITEM NUMBER FOUR IS APPROVAL TO REPL AND SUBDIVIDE ATTRACTIVE LAND TO ESTABLISH LADERA UNIT ONE D ENCLAVE SUBDIVISION, GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF BRIGGS RANCH ROAD AND STATE HIGHWAY TWO 11.

THIS ITEM WAS PULLED FOR, FOR INDIVIDUAL CONSIDERATION 'CAUSE WE HAVE SEVERAL CITIZENS SIGN IN TO SPEAK.

IS THE APPLICANT PRESENT? NO.

DO YOU WISH TO ADDRESS THE COMMISSION AT THIS TIME? WE CAN CALL THE ABOVE, UM, BASED ON ALL THOSE QUESTIONS AND COMMENTS, AND WE CAN CALL OUR, CALL HER UP AT THE END TO ANSWER THOSE IS OKAY.

THOSE QUESTIONS.

NEXT, WE'LL MOVE TO CITIZENS TO BE HEARD.

REMEMBER TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.

FIRST PERSON SIGNED UP TO SPEAK IS ALBERT O HOLBRICK.

GOOD AFTERNOON EVERYONE.

I TO MAKE THIS SHORT, MY NAME IS ALBERT JOHN HOLBRICK.

I LIVE AND RESIDE AT 25 18 GOLDEN RAIN.

I PURCHASED THAT HOME THREE YEARS AGO WITH THE PREMISE OF A GREEN BELT.

UM, I RECEIVED NO NOTIFICATION ABOUT THIS MEETING.

I FOUND IT THROUGH THE LADERA FACE PAGE.

SO EXCUSE ME FOR, I, I DO NOT HAVE, I'M NOT PREPARED TO LEGALLY, UM, GET INTO IT.

UM, SO I'M GONNA ASK, AND I SENT THE EMAIL TO MR. GARCIA, UM, BY FOUR 1600 YESTERDAY TO TELL HIM THAT I DIDN'T RECEIVE THE DOCUMENTATION OF THIS MEETING.

UM, SO I, I'M NOT PREPARED.

SO I, I DON'T KNOW WHAT MY LEGAL RIGHTS ARE.

I TO, UM, SAY THAT THE GREEN BELT BEHIND MY HOME IS BEING REMOVED.

I PURCHASED THAT HOME.

I WAS ONE OF THE LIKE 10TH PERSON IN THAT DIVISION THREE YEARS AGO.

I COULD HAVE PICKED IT MY HOME ANYWHERE I WANTED TO, BUT IT WAS A GOOD FAITH OR NOT GOOD FAITH THAT I PURCHASED.

I PAID EXTRA MONEY FOR THAT LOT FOR THE GREEN BELT, AND NOW THEY'RE REMOVING IT.

SO IF THEY'RE GONNA REMOVE THE GREEN BELT, I SAY THAT I NEED BE COMPENSATED TO GET PLACED IN THE GREEN BELT AREA 'CAUSE THAT'S WHAT I PAID FOR.

AND I KNOW, LIKE, AGAIN, THIS IS KIND OF EMOTIONAL, BUT I DON'T KNOW LEGALLY WHAT MY, WHAT MY, UM, LEGAL RIGHTS ARE.

BUT IT WILL NOT TAKE ME LONG TO FIGURE THAT OUT NOW THAT I KNOW WHAT, WHAT I'M UP AGAINST.

THANK YOU FOR YOUR TIME.

THANK YOU, SIR.

UH, THE NEXT PERSON SIGNED UP TO SPEAK IS WILLIAM VAN SICKLE.

I'M WILLIAM DOUGLAS VAN SICKLE 25 50 GOLDEN RAIN.

I PURCHASED MY HOME BACK IN 2016.

I'M ONE OF THE ORIGINALS THAT LIVE BACK THERE.

ALL RIGHT.

WE PURCHASED THAT, UH, PROPERTY FOR THE EXPLICIT REASONING THAT THERE WAS A GREEN BELT BEHIND US.

THAT THE GREEN BELT WOULD STAY.

NOTHING WOULD INTERFERE WITH THAT GREEN BELT.

NOW THEY WANT TO TEAR DOWN THE GREEN BELT.

THEY'RE ALREADY STARTED DOING IT.

ALL RIGHT.

I'M WORRIED THAT WE'RE GONNA HAVE A A A A COLLAPSE BACK THERE.

THEY GOT A RETAINING WALL AS MY BACKYARD, UH, FENCE THAT RETAINS THAT, UH, UH, HILL BACK THERE.

I'M AFRAID IT'S GONNA COLLAPSE JUST LIKE IT DID A COUPLE OF YEARS AGO AT THAT OTHER PROPERTY, UH, ON THE NORTH SIDE OF TOWN.

ALL RIGHT, IT'S IT, I'M AFRAID THEY'RE ALSO GONNA AFFECT, AFFECT OUR DRAINAGE FAR AS, UH, UH, WATER AND AND WHATNOT.

SO PLEASE DON'T APPROVE THIS.

ALL RIGHT.

I PAID EXTRA THE, UH, FOR THAT HOUSE.

AND IF THEY WANNA SIT THERE AND TAKE AWAY THE GREEN BELT, THEN THEY NEED TO COMPENSATE ME BY TAKING AWAY MY HOUSE.

THEY CAN PURCHASE MY HOUSE FROM ME.

I BOUGHT IT FOR THE GREENWAY.

UH, THE NEXT PERSON SIGNED UP TO SPEAK IS CHERYL VANS.

HELLO, I'M CHERYL VANSICKLE, 25 50 GOLDEN RAIN, SAN ANTONIO, TEXAS.

I ALSO AM A JOINT SIGNER ON THE CONTRACT THAT I MADE WITH HIGHLAND HOMES WHEN WE BOUGHT OUR HOME, BUT UP AGAINST THE GREEN WAY BECAUSE IT WAS A SAVE A TREE.

UM, MY HUSBAND AND I ARE RETIRED.

WE'RE VETERANS AND WE LOVE SITTING OUT IN OUR BACKYARD LOOKING AT THE GREEN WAY THAT WE SEE ABOVE THE FENCE THAT IS TO BE MAINTAINED, UH, BY, I BELIEVE THE H O A BECAUSE IT WAS UP AGAINST THE GREENWAY AND THERE WAS A DRAINAGE EASEMENT THERE ALSO.

I BELIEVE IT'S THE SEWAGE EASEMENT.

UH, IT'S PEACEFUL, IT'S QUIET.

WE KNEW IT WAS GONNA BE A DEVELOPED COMMUNITY, BUT WE DID HAVE OUR LITTLE PEACE

[00:15:01]

OF PEACE BACK THERE.

UH, I REALLY FEEL THAT IF THE LAND, IT WAS A GOOD FAITH CONTRACT.

YOU KNOW, WHEN YOU ENTER INTO A CONTRACT WITH SOMEONE TO BUY YOUR HOME AND THEY TELL YOU YOU WILL HAVE A GREENWAY BEHIND YOUR HOME BECAUSE IT'S A SAVE A TREE AREA.

OUR LITTLE BACKYARD IS NOW A HUMMINGBIRD SANCTUARY.

WE GET 30 TO 40 OF THEM A DAY.

THEY COME IN AND IT'S PEACEFUL.

AND THAT'S WHAT WE NEED.

AND I FEEL WE SHOULD BE REIMBURSED SHOULD THAT LAND BE DISTURBED, UM, BECAUSE IT IS NOT ONLY PROPERTY, BUT TO US IT'S PEACE OF MIND.

UH, ALSO, I'M FEARFUL AS IS MY HUSBAND, THAT IF THEY REMOVE THAT GREENWAY, WHAT'S GONNA HAPPEN WITH THE RUNOFF? I DON'T KNOW IF YOU KNOW THE AREA, IT'S QUITE HIGH ABOVE US, AND WE SIT BELOW THAT.

IS THAT QUESTION NUMBER ONE, IS THE SEWAGE EASEMENT AREA GONNA BE DISTURBED AT ALL? AND IT RUNS DOWN TO THE END OF THE HILL.

UM, SO I'D LIKE TO KNOW WHAT IS THE PLAN FOR THAT IF THEY DO DISTURB THIS LAND? AND WHAT IS THE PLAN TO REIMBURSE THOSE OF US WHO DID PAY EXTRA FOR THE, UH, GREENWAY SAVE A TREE AREA? THANK YOU.

UM, NEXT SIGNED UP TO SPEAK IS COLIN BENNETT.

HOW YOU GUYS DOING? I'M COLIN BENNETT, 25, 10 GOLDEN RAIN.

UM, I'LL MAKE AS QUICK AS POSSIBLE.

UM, JUST LIKE MY NEIGHBORS HAVE ALL STATED ABOUT THE DRAINAGE ISSUES ABOUT PURCHASING A HOME ON THE BASIS THAT, THAT GREENLAND IS GONNA BE ESTABLISHED AND MAINTAINED AND KEPT.

UM, I GET THAT, UH, SOMETIMES THINGS CHANGE AND, UH, LENNAR'S TRYING TO ADD PROBABLY SOME MORE, UH, PLOTS OF LAND UP THERE FOR REVENUE GENERATION.

I IMAGINE IT'S A NICE AREA.

HOWEVER, THEY SHOULDN'T SACRIFICE MY, UH, VALUE OF MY HOME AND PRIVACY.

UM, THE GREEN BELT, UH, THE RETAINING STRUCTURAL SOUND OF THE, OF THE LAND BEHIND IT, BECAUSE I'VE GOT A SIX FOOT TALL RETAINING WALL THAT, UH, AFTER 14 YEARS OF DOING HEAVY EQUIPMENT WORK IN THE MILITARY.

I KNOW THAT THAT IS, UH, IT, IT IT'S PRONE TO COLLAPSE THE MORE YOU HAVE HEAVY EQUIPMENT ABOVE YOUR HOUSE.

UM, MY EYES ARE LEVEL WITH THE GROUND, UH, BEHIND MY HOUSE, WHICH MEANS THAT THERE'S MILLIONS OF, TONS OF EARTH AND ROCK BACK THERE THAT IS PRONE TO COLLAPSE AND PUSHING OUT AS FAR OUT AS THEY BUILD WITH THE HOUSES ON TOP OF THE FACT THAT WE BOUGHT A HOUSE BASED ON THE PRIVACY OF NOBODY BEHIND US.

AND NOW POTENTIALLY WE'RE GONNA BE LOOKING AT SOMEBODY'S HOUSE, SOMEBODY'S GONNA BE LOOKING DOWN IN OUR BACKYARD, OUR PRIVACY IS IMMEDIATELY ERASED A HUNDRED PERCENT.

UM, AND ON TOP OF THAT, THE ISSUED PLANS THAT WERE SENT OUT TO THAT SOME OF US GOT, UM, IS INDICATIVE OF THEIR LEVEL OF INVOLVEMENT AND, AND CARE ABOUT THIS, BECAUSE I WOULD LIKE SOMEBODY, ANYBODY HERE ON THE PANEL TO BE ABLE TO TAKE THE COPY THAT I RECEIVED AND READ ANY LINE ON THAT PLAN.

ANY LINE.

IT DOESN'T MATTER.

THAT FONT I'VE NEVER SEEN BEFORE IN MY LIFE, IT'S BELOW A ONE.

I I WISH THAT WAS A JOKE.

AND, AND I'D LIKE TO LAUGH.

HOWEVER, THE PLANS THAT WE RECEIVED ARE MINUSCULE AND AND SIZE AND REPRESENTATION UNNECESSARY AND, UH, UNREADABLE.

SO THAT KIND OF DICTATES OR TELLS ME THAT, UH, THAT, THAT THEY'RE TRYING TO GET THINGS BY AND HOPING THAT WE DON'T SHOW UP AND, UH, PROTEST THIS.

SO I BEG IF YOU PLEASE DO NOT APPROVE THIS.

JAMES WOOTEN, 2 5 0 6 GOLDEN RAIN.

THANK YOU, SIR.

UH, NEXT LINE TO SPEAK ON ITEM NUMBER FOUR IS JAMES WOOTEN.

GOOD AFTERNOON, LADIES AND GENTLEMEN.

UH, SAME WITH ALL MY NEIGHBORS.

I'M COLIN'S NEIGHBOR.

UH, MY WIFE AND I RETIRED FROM THE NAVY AFTER 20 PLUS YEARS.

WE RELOCATED TO SAN ANTONIO.

WE'D NEVER LIVED HERE.

WE'D NEVER EVEN BEEN HERE, BUT WE PICKED THIS TOWN TO COME TO BECAUSE OF SOME FRIENDS THAT WE KNOW THAT LIVED HERE.

UM, WE LIVED WITH THEM FOR 60 DAYS.

WE LOOKED ALL AROUND BEXAR COUNTY FOR HOUSES.

WE DECIDED ON LA FOR THE FACT THAT IT WAS, FIRST OF ALL, IT'S A BEAUTIFUL PLACE.

I DUNNO IF YOU GUYS EVER BEEN OUT THERE, BUT IT'S, IT'S JUST A BEAUTIFUL ENVIRONMENT.

IT'S GREEN ROLLING HILLS, UH, IN THIS PARTICULAR HOUSE THAT WE BOUGHT, HAD THE GREEN BELT BEHIND IT.

AND WE LIKED THE IDEA OF BEING ABLE TO SIT ON THE BACK PORCH AT NIGHT AND ENJOY THE, THE, THE LIFE THAT WE'VE BUILT, UM, WITH HOPEFULLY GRANDKIDS COMING ONE DAY AND BEING ABLE TO LOOK OUT THERE AND SEE NO ONE BEHIND US.

UH, THAT PRIVACY WAS SOMETHING THAT WE LOOKED FOR.

UM, AND WE HAVE IT NOW.

AND WITH THIS, FROM WHAT I CAN TELL FROM THIS REPLAY, THEY'RE, THEY'RE TRYING TO TAKE THAT AWAY FROM US.

UH, AND LIKE I SAID, WE BOUGHT THIS HOME WITH THE MINDSET THAT

[00:20:01]

THAT WAS GONNA STAY LIKE THAT.

UH, AND I SPOKE TO MR. GARCIA, THE PLANNER, AND HE ASSURED ME THAT THEY'RE NOT GONNA TOUCH THAT GREEN SPACE AREA.

BUT LOOKING AT THESE RIGHT HERE, IT DOESN'T APPEAR TO BE THAT WAY.

SO I DON'T KNOW WHAT THE PLAN ACTUALLY IS GOING TO BE.

I JUST KNOW THAT WE LOVE HAVING THAT AREA BEHIND OUR HOUSE.

UH, LIKE THEY SAID, THE BIRDS ARE OUT THERE EVERY NIGHT CHIRPING AND DOING WHATEVER THEY DO OUT THERE IN THE TREES, AND IT'S PEACEFUL.

AND NOW THAT PIECE IS BEING THREATENED.

UH, AND LIKE I SAID, WE, WE, WE LOOKED ALL AROUND THE COUNTY AND THAT'S WHERE WE DECIDED TO LIVE AT AND HOPEFULLY SPEND THE REST OF OUR LIVES.

UH, BUT IF THAT GOES AWAY, YOU KNOW, IT'S GONNA CHANGE WHAT WE HAD IN MIND, UH, FOR OUR LIVES NOW.

SO HOPEFULLY YOU GUYS WILL, WILL SIDE WITH US OR MAKE YOUR DECISION BASED ON WHAT WE'RE SAYING AND THAT THE PASSION THAT THE HOMEOWNERS HAVE OUT THERE FOR THIS PLACE, UH, WE LOVE IT AND WE WANT TO STAY THE WAY IT IS.

WE DO NOT HAVE ANY MORE CITIZENS SIGN UP TO SPEAK.

SO NEXT WE'LL HAVE THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE COME UP WHILE SHE COMES UP.

I WAS GONNA SEE IT.

CHRIS, COULD YOU ZOOM IN ON THAT? UM, PICTURE WHERE IT SHOWS THE CONTEXT OF THE TWO PLAT RE PLATTED AREAS IN YEAH.

IN COMPARISON TO WHERE EXACT IT, IT IS LOCATED NEXT TO GOLDEN RAIN.

GIVE BETTER CONTEXT.

GO AHEAD.

HI, MY NAME IS STEPHANIE CASTILLO.

I WORK FOR PAP DAWSON ENGINEERS LOCATED AT 2000 NORTHWEST LOOP FOUR 10.

AND I'LL START BY ANSWERING SOME OF THESE QUESTIONS.

UM, THE GREENBELT THAT THEY'RE SAYING IS GOING TO BE REMOVED.

WE STILL HAVE A MINIMUM OF 30 FEET OF GREENBELT MINIMUM, A LONG, UH, GOLDEN RAIN, AND THEN IT DOES BRANCH OUT A LITTLE MORE.

SO THAT TREE SAVE AND GREENBELT AREA IS STILL GONNA BE THERE.

A CONTRACTOR HAS ALREADY STARTED CONSTRUCTION WITH COURTESY INSPECTION LETTERS.

SO THE GRADING THAT YOU HAVE SEEN OUT THERE ALREADY IS THE MAXIMUM THAT'S GONNA BE DONE.

THEY'RE NOT DOING ANY MORE GRADING THAN THAT.

UM, THE OTHER QUESTION WAS, UH, THEY WEREN'T AWARE WITH THE EIGHT, THE HOME HOME BUILDERS AGREEMENT.

I HAVE NO CONTROL WITH, UM, HOME BUILDERS AGREEMENTS.

I'M NOT AWARE OF WHAT THEY DO.

WE JUST PLOT THE DOCUMENT AND THEN OBVIOUSLY HOME BUILDERS CAN GO AND SAY WHAT THEY NEED.

I'M SORRY, I DON'T KNOW OR DON'T HAVE A RESPONSE FOR THAT.

UM, THE SEWER EASEMENT THAT YOU WERE ASKING ABOUT, THAT'S BEING RE PLATTED.

UH, WE DID HAVE A, AN OLD LAYOUT ON BANDIDOS RIDGE AND WE'RE KIND OF KICKING IT OVER WITH A LITTLE ANGLE.

SO THE SEWER'S GOING TO REMAIN IN THE RIGHT OF WAY AND WILL NOT BE IN THE GREEN BELT OR OPEN SPACE AREA.

UM, AS THE QUESTION FOR ADDITIONAL DRAINAGE AND WORRIED ABOUT, UM, MORE RUNOFF COMING ONTO THEIR LOTS, UH, THERE IS NO MORE THAN WHAT WAS PREVIOUSLY THERE.

WE DID NOT INCREASE THE FLOWS COMING ONTO THAT GREEN, GREEN SPACE AREA.

AND IF THEY WANNA JUST SEE ME AFTERWARDS, WE CAN DISCUSS MORE IF NEED BE.

OR DO YOU HAVE ANY MORE QUESTIONS FOR ME? UM, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS? LET'S START WITH THE, ON THE RIGHT WITH MICHAEL GARCIA, IF YOU HAVE ANY QUESTIONS.

UH, NO.

YES, I HAVE A COUPLE OF QUESTIONS, I GUESS.

UM, OKAY.

AND, AND MAY NOT NECESSARILY BE FOR YOU, MIGHT BE FOR LEGAL, MIGHT BE FOR SOME OF THE HOMEOWNERS AS WELL.

SO, UM, Y'ALL MENTIONED THIS GREEN BILL AND PART OF YOUR CONTRACT WHEN YOU BOUGHT THE HOME, WHO WAS THE CONTRACT WITH THAT YOU BOUGHT THE HOME WITH? ARE YOU REPRESENTED BY A HOMEOWNER'S ASSOCIATION AS WELL THAT YOU'RE PAY INTO? WHOEVER'S GOING TO ANSWER THE QUESTION, GO UP TO THE MIC SO WE CAN GET IT RECORDED.

CONTRACT, IF THE HOME, IT SAYS IF WE DISTURBED OUR LAND IN THE BACKYARD, OUR FLOOD WARRANTY WAS NULL AND VOID.

CAROL VAN SICKLE 25 50 GOLDEN RANGE, SAN ANTONIO, TEXAS 7 8 2 4 5.

WE PURCHASED OUR HOMES WITH HIGHLAND HOMES AND WE DO HAVE A HOUSING ASSOCIATION CALLED FIRST RESIDENTIAL.

UM, AGAIN, THIS IS KIND OF CONCERNING BECAUSE A GOOD FAITH CONTRACT'S A GOOD FAITH CONTRACT.

IF THE BUILDER DOESN'T KNOW ABOUT THE GOOD FAITH CONTRACT, THEY DON'T KNOW THAT WE PAID EXTRA FOR THAT PLOT OF LAND.

UH, WE WERE ONE OF THE FIRST HOMES THERE, IT WAS BEFORE PERRY AND MI.

THERE WAS ONLY LENNAR AND HIGHLAND HOMES.

SO WHEN WE PURCHASED THE HOMES AND YOU GOT TO PICK YOUR PLOT, UH, OF COURSE THESE WERE ALL BRAND NEW HOMES THAT WERE BUILT THERE.

YOU HAD YOUR CHOICE OF WHERE YOU WANTED TO BUY.

SO WE BOUGHT WITH ON THE SAVE A TREE GREENWAY, AND AS YOU CAN SEE, IT WAS A, A BIGGER AREA.

IF THEY NARROW IT DOWN AGAIN, OUR CONTRACT WAS, IT WOULDN'T BE MOVED BECAUSE THE TREES HELPED WITH THE DRAINAGE THERE.

UH, THE LAY OF THE LAND, IF YOU REMOVE SOME OF THOSE TREES, YOU'RE GONNA REMOVE SOME OF, YOU'RE GONNA DISTURB, UM, THE, THE DRAINAGE.

A MATTER OF FACT, IN THE

[00:25:01]

UM, AND SO IN YOUR CONTRACT, I MEAN, AND THIS IS MORE LEGAL STUFF, BUT IN YOUR CONTRACT, IS THERE A SETBACK MINIMUM OR MAXIMUM, LIKE SHE, LIKE THE ENGINEER SAID, 30 FEET MINIMUM, OR, I BELIEVE SO.

I DON'T HAVE THAT WITH ME.

I WASN'T PREPARED.

I DIDN'T KNOW.

UM, I'M NOT A LEGAL EXPERT, I'M JUST A RESIDENT.

UM, I'M JUST A RE YEAH.

SO, BUT I'M SURE WE COULD, WE COULD REFER TO AN ATTORNEY AND FIND OUT WHAT THAT IS BECAUSE IT WAS A GOOD FAITH CONTRACT.

AND SO I GUESS SOME OF THOSE QUESTIONS ARE, ARE LEGAL RIGHTS AS A PLANNING COMMISSION AND THE PLATTS PROCESS OF THIS, IF YOU CAN JUST GO OVER, OH, COLIN BENNETT, 25, 10 GOLDEN RAIN.

UH, THERE, THE PUBLIC PORTION HAS BEEN CLOSED.

SO, AND THEN COMMISSION, I, I MEAN I, IF HE CAN ADDRESS IT, I THINK HE HAD AN ADDITION TO WHAT SHE WAS SAYING AS WELL.

UM, WE ALL, THERE'S A MASTER PLAN FOR THIS COMMUNITY.

IT'S A MASTER BILL.

IT'S MULTIPLE PHASES.

AND IF THERE'S NOBODY HERE THAT CAN REPRESENT THAT, THAT THERE'S NOBODY HERE THAT SAYS, THIS IS WHAT YOU GUYS ARE BUYING, THIS IS THE MASTER PLAN, THIS IS WHAT YOU'RE BUYING, THIS IS WHAT YOU'RE BUYING INTO, THERE'S THREE OR FOUR HOME BUILDERS IN THAT SUBDIVISION.

UM, AND WE ARE ALL BUYING AND THEY'RE ALL ADVERTISING EVERYTHING AS THIS MASTER PLAN AND IT'S NOT GONNA CHANGE OR DEVIATE.

SO I FEEL THAT IN, IN LIEU OF WHEN THERE'S DOUBT, THERE IS NO DOUBT IF THERE'S ISSUES LEGALLY TO, TO APPROACH AND TAKE CARE OF, I HOPE THAT YOU GUYS WILL STAY THIS AND PUSH IT DOWN THE ROAD UNTIL WE FIND OUT OUR LEGAL RIGHTS AS WELL AS THE HOME BUILDERS AND GET THEM HERE.

OUR H O A IN THAT AREA IS NOT GOOD, FOR LACK OF A BETTER TERM.

UM, SO TO GET THEM HERE, UM, TRYING TO GET THEM ON BOARD AND GET OUR LEGAL RIGHTS REPRESENTED IN THE BEST WAY POSSIBLE AND GET ALL OF THESE ANSWERED FOR YOU, I HOPE THAT YOU EITHER STAY THIS OR, OR TURN IT DOWN.

SO, UM, AS I WAS SAYING, SO CITY STAFF CAN ANSWER SOME OF THESE QUESTIONS LEGALLY AS PLANNING COMMISSION IN A PLAT PROCESS, AND I GUESS GO OVER THE NEXT STEPS IN THE DEVELOPMENT PROCESS AFTER, I GUESS IF IT WAS TO GET APPROVED.

CAN I? YES.

I'M, I'M NOT SURE IF THIS IS TO THE CITY OR TO THE GENTLEMAN HERE.

UH, YOU SAID THERE WAS A MASTER PLAN WHO, WHO CREATES THAT MASTER PLANNER WHO PRESENTS THAT MASTER PLAN? IS THAT A CITY PLAN? IS THAT A BUILDER PLAN? I MEAN, WHERE IS THAT COMING FROM? UH, HOLD ON, CAN WE HAVE STAFF ANSWER COMMISSIONER RAMOS'S QUESTIONS FIRST AND THEN WE CAN YEAH, YEAH.

AND THEN YOU'LL HAVE A CHANCE TO HAVE, ASK YOUR QUESTIONS.

SO THE JURISDICTION OF THE PLANNING COMMISSION IS TO, IN THIS INSTANCE, IS TO DETERMINE WHETHER THE PLATT ITSELF MEETS STATE AND LOCAL REQUIREMENTS.

AND THAT IS, THAT IS THE TOTAL JURISDICTION OF THE COMMISSION IN THIS PARTICULAR MATTER.

UM, THE COMMISSION WOULD NOT HAVE JURISDICTION TO HEAR A CLAIM OR ADJUDICATED A CLAIM REGARDING A CONTRACT DISPUTE OR A PROPERTY DISPUTE.

THAT THAT WOULD BE SOMETHING THAT COULD BE ADDRESSED IN A COURT OF LAW, UM, AFTER THE, UH, SPEAKERS CONSULT WITH AN ATTORNEY.

SO THEN I'M ASSUMING THAT THE PLANNING STAFFER, JOSE GARCIA, WHO DID THIS, UM, REVIEWED AND REVIEWED ALL THE DOCUMENTS, IF THERE WAS A MASTER PLAN FOR THIS AREA, UM, WHAT DID THAT ENTAIL? UM, AND IF IT WAS, YOU KNOW, DEEDED BY THE CITY OR HOWEVER IT WAS APPROVED, WAS, DID IT GO THROUGH THE CITY COUNCIL AND GET A MASTER AGREEMENT PLAN? MASTER DEVELOPMENT AGREEMENT PLAN, I GUESS? YEAH, WE DO HAVE A COPY OF THE, UH, M D P FROM 2017 THAT ESTABLISHED KIND OF THE DEVELOPMENT PHASES FOR THIS PARTICULAR, UH, DEVELOPMENT.

UM, IT'S, UH, CALLED THE FELDER TRACKED M D P.

AND IN THIS AREA, IN SINGLE FAMILY DEVELOPMENT, IT HAS NO DEDICATED OPEN SPACE REQUIREMENT.

CORRECT.

SO IT HAS NO GREEN BUILT DEDICATED IN THAT MASTER DEVELOPMENT PLAN THAT WAS APPROVED IN 2017 BY THE CITY COUNCIL? YES.

CORRECT.

I'M SORRY.

THE ORIGINAL M D P WAS SUBMITTED IN 2014.

IT WAS MOST RECENTLY AMENDED DECEMBER 4TH, 2017.

AND THAT OUR AREA HAS NO OPEN SPACE DEDICATION IN THIS PARTICULAR PLATT AREA.

IT'S ALL DONE WITH CITY STAFF AND THE DEVELOPER.

AND SO WHEN IT WAS AMENDED, THAT AMENDMENT DID GO THROUGH A PUBLIC PROCESS AS WELL.

DID IT COME THROUGH HERE? OR WHAT HAPPENS DURING THAT 2017 UPDATE OR AMENDMENT? THE MASTER DEVELOPMENT PLAN PROCESS IN ANY AMENDMENTS IS AN ADMINISTRATIVE APPROVAL PROCESS.

THERE'S NO PROCESS, THERE'S NO PUBLIC HEARING RELATED TO THAT.

THERE ARE DOCUMENTS THAT ARE, THAT ARE FILED AND SO, AND, AND APPROVED AS PART OF THAT PROCESS.

NOW YOU CAN SEE MASTER DEVELOPMENT PLANS ONLINE THROUGH A BILLED A SAFE PERMITTING SYSTEM.

SO THERE'S NO WAY THAT THE CITIZENS WHO PURCHASED THE PROPERTY IN THAT AREA WOULD'VE KNOWN THAT THOSE AMENDMENTS WERE HAPPENING BECAUSE

[00:30:01]

IF, IF A REALTOR DOES A APPROPRIATE TITLE SEARCH, THEY MAY BE ABLE TO FIND, UM, DO THAT THROUGH THAT RESEARCH AND THEY'LL FIND ANY OF THOSE MASTER DEVELOPMENT PLAN, UM, APPROVE, UH, DOCUMENTS AND ANY RECORDED PLATTS THAT HAVE COME IN AS PART OF THAT PHASE DEVELOPMENT.

GOOD AFTERNOON COMMISSIONERS, MELISSA RAMIREZ, ASSISTANT DIRECTOR, THE MASTER DEVELOPMENT PLANS THAT WE HAVE GO BACK TO 1980.

ALL OF THOSE CAN BE FOUND ONLINE, EVERY SINGLE ONE OF THOSE, UM, EVEN IF THEY ARE EXPIRED, WE DO HAVE SOME OF THAT INFORMATION ON THERE.

THE HISTORICAL DATA ON THERE, WHAT CAT IS REFERRING TO ARE THE MOST RECENT ONES WITH THE BUILD SA SYSTEM.

NOW ANY CITIZEN CAN FIND THEM ON THROUGH, THROUGH THE BUILD SA SYSTEM.

PREVIOUS TO THAT THEY COULD FIND THEM ONLINE AS WELL.

THE MASTER DEVELOPMENT PLAN M D P PROCESS IS ADMINISTRATIVE.

THERE'S NO LAW OR REQUIREMENT OR REGULATION FOR US TO HOLD A PUBLIC PROCESS.

THOSE ARE COMPREHENSIVE MASTER DEVELOPMENT PLANS.

THEY COULD LAST UP TO 20 YEARS FOR THROUGH OUR REGULATIONS.

THEY'RE RELIED UPON EVERY SINGLE TIME A PLAT COMES THROUGH THE PROCESS.

AND IF I'M NOT MISTAKEN, THIS PLAT IS WHAT WE CONSIDER A CLEAN PLAT.

IT DOES NOT HAVE A VARIANCE TIED TO IT.

THAT'S FOR COMMISSION QUESTIONS.

THANK YOU FOR EXPLAINING SOME OF THAT INFORMATION.

SO JENNIFER, CAN I JUST, UH, JUST KIND OF STOP YOU RIGHT QUICK? I CAN HOLD ON.

EXPLAIN ON THE PUBLIC PORTION'S CLOSED.

NOW I JUST WANTED TO RESPOND TO ONE OF HER QUESTIONS THAT SHE HAD IN RELATION TO THE OPEN SPACE AND MDPS.

I JUST KIND OF WANTED TO RELAY ON THAT AS WELL.

UH, STEPHANIE WITH PAP AUSTIN.

SO YES, THE ORIGINAL M D P DID HAVE RESIDENTIAL, AS CATHERINE WAS SAYING.

SO FELDER ONE A WAS ALL RESIDENTIAL AND DIDN'T HAVE GREENBELT OPEN SPACE SHOWN.

UM, AT ONE TIME OUR DEVELOPER CAME BACK AND DECIDED TO LEAVE SOME OPEN SPACE AREA BECAUSE OF THE, THE STEEP SLOPE.

AND THEN WE CAME BACK AND SAID, WELL, WE NEED TO GRADE A LITTLE BIT ON THESE NEW LOTS.

THAT'S WHAT'S HAPPENING.

SO, UM, THE M D P THAT IS APPROVED OR WAS SHOWN DID HAVE RESIDENTIAL AREA BEFORE BACK IN 2006.

SO IF YOU LOOK AT IT, FELDER ONE A DOES HAVE RESIDENTIAL LOTS.

AND THEN I JUST KIND OF WANTED TO TOUCH ON ALL ALONG GOLDEN RAIN.

THERE'S A 200 FOOT BUFFER AND THAT'S WHY SOME OF THESE RESIDENTS WERE CALLED, UH, BECAUSE YOU HAVE TO HAVE 200 FEET WITHIN THE AREA BEING RE PLATTED TO BE NOTIFIED.

SO THIS IS AT LEAST 200 FEET FROM THEIR RESIDENCE THAT WERE NOT TOUCHING OR RELOTTING.

JUST KIND OF WANTED TO LET YOU KNOW THAT AS WELL.

AND I CAN SHARE THAT TOO IF Y'ALL NEED THAT.

THANK YOU, STEPHANIE.

AND, AND I GUESS NEEDS MORE DIALOGUE BETWEEN, I GUESS, UM, MAYBE THE DEVELOPER, THE ENGINEERS AND THE, AND THE NEIGHBORHOOD OR THE NEIGHBOR, THE RESIDENTS THAT LIVE THERE.

UM, BUT AS FAR AS OUR LEGAL RIGHT, I BELIEVE, I MEAN, AS LONG AS IT MEETS STATE AND LOCAL REQUIREMENTS, WE ARE ALMOST REQUIRED TO MOVE THIS FORWARD.

UM, IS WHAT I UNDERSTAND.

AND WHAT I'VE BEEN TOLD IS MY ROLE AS A PLANNING COMMISSION COMMISSIONER HERE.

UM, SO I I TRULY UNDERSTAND, UM, THE RESIDENTS AND THEIR CONCERNS.

I THINK THERE NEEDS TO PROBABLY BE MORE DIALOGUE.

I AM ALSO CONCERNED ABOUT THIS MASTER DEVELOPMENT PROCESS AND THE WAY IT'S KIND OF HANDLED, I THOUGHT.

UM, SO IN 2014, DID IT GO THROUGH THE PUBLIC PROCESS OR THAT WAS ALSO ADMINISTRATIVE MASTER DEVELOPMENT PLAN PROCESS FROM THE, WHEN SOMEONE ORIGINALLY APPLIES FOR IT, IT'S ALL ADMINISTRATIVE FROM THE ORIGINAL APPLICATION TO FUTURE AMENDMENTS.

AND SO I REMEMBER CERTAIN TIMES COUNSEL DOES VOTE ON MASTER DEVELOPMENT PLANS.

YOU, YOU MIGHT MEAN COMPREHENSIVE MASTER PLANS THAT HAVE PLAN USE DESIGNATIONS.

UH, THAT ARE PART OF A CITY'S MASTER PLAN, BUT A MASTER DEVELOPMENT PLAN INDICATES PHASE DEVELOPMENT, WHETHER IT IS, UM, A PHASED RESIDENTIAL SUBDIVISION UNITS ONE THROUGH 10 OR, UH, MULTIPLE, UH, USES ON A MASTER DEVELOPMENT PLAN.

WELL, BECAUSE I'M ALSO THINKING ABOUT THE AREA AROUND A AND M, AND THAT'S BEEN A MASTER DEVELOPMENT PLAN COMMUNITY OR THAT AREA.

UH, AND SO THAT ONE'S A MASTER PLAN COMMUNITY DISTRICT THAT'S A REZONING WHICH REQUIRED THAT SITE PLAN, UM, TO BE APPROVED BY COUNCIL.

ALRIGHT.

I AM, LIKE I SAID, I I THINK LEGALLY WE ARE REQUIRED, BUT I'M GONNA GO AHEAD AND LISTEN TO MY COMMISSIONERS AND OTHER QUESTIONS THAT THEY MAY HAVE.

THANK YOU COMMISSIONER GONZALEZ.

UH, TWO QUICK QUESTIONS, AND I THINK YOU ALREADY TOUCHED ON ITS STAFF.

UM, SORRY, THE, THE PUBLIC PORTION IS CLOSED NOW.

THE COMMISSIONER HAS QUESTIONS FOR THE AUDIENCE.

YOU MAY RESPOND, BUT FOR THE MOST PART, THE PILLOW PORTION'S CLOSED.

THANK YOU, UH, FOR STAFF.

AND SO WE HAD A COUPLE COMMENTS ABOUT NOT BEING NOTIFIED ABOUT THE MEETING.

CAN YOU JUST REITERATE WHAT, UH, PROTOCOL IS FOR AND, AND WHO ACTUALLY GETS NOTIFIED? NO NOTIFICATIONS OR, UM, THE REQUIREMENT, UH, BY STATE LAW IS TO NOTIFY PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT SITE.

SO BECAUSE THIS IS A STRANGE, A LITTLE ODD CONFIGURATION, IT'S GONNA BE 200 FEET FROM THAT, THOSE BLACKOUT LINE PROPERTIES.

[00:35:01]

SO SOME OF THE, UH, RESIDENTS ON THIS STREET WOULD'VE GOTTEN NOTICED, BUT NOT THE ONES ON THE FAR NORTH NEAR RUNNING WOLF, BECAUSE THAT WOULD'VE BEEN FURTHER THAN 200 FEET.

AND THEN WE DID HAVE RIGHT WITHIN 200 FEET OF THE SUBJECT PROPERTY.

UM, THE, THE PUBLIC PORTION, I CLOSING SS, I HAVE A FEW, WE HAVE A COMMISSIONER, AND THEN WE DID HAVE SOME QUESTIONS ABOUT, UM, WHAT THEY WERE PROMISED FOR LACK OF A BETTER TERM, REGARDING THEIR, UH, WITH THEIR COMMITMENT OR THEIR CONTRACT WITH HIGHLAND HOMES.

THAT WOULD BE SOMETHING THAT WOULD BE TAKEN UP WITH HIGHLAND HOMES, CORRECT? THAT'S CORRECT.

IF IT'S A CONTRACT, IT'S A PRIVATE CONTRACT, IT'S NOT ENFORCED BY THE CITY.

SO THEY WOULD HAVE TO, UM, TALK TO THE BUILDER, WHOEVER IS PART OF THAT CONTRACT.

AND HIGHLAND HOMES ONLY HAS SAY SO FOR A CERTAIN, UM, PLAT OR A CERTAIN PROPERTY, NOT NECESSARILY THE ENTIRE PROPERTY.

THAT'S CORRECT.

THAT IS ALL MY QUESTIONS.

UH, YEAH, JUST A QUESTION FOR THE RECORD AND THEN MORE OF A STATEMENT.

UM, I JUST WANT TO, FOR THE RECORD, THIS PLATT MEETS ALL REQUIREMENTS SET FORTH IN THE U D C AS CURRENTLY APPROVED, CORRECT? YES, IT DOES.

IT HAPPENS QUITE FREQUENTLY, UNFORTUNATELY.

SO THAT BEING SAID, JUST TO LET THE AUDIENCE KNOW, THIS COMMISSION HAS NO CHOICE BUT TO APPROVE THIS PLATT BY STATE LAW.

SO YOUR RECOURSE, AS MS. GONZALEZ WAS SAYING, IS TO GO TO YOUR BUILDER OR WHATEVER AND, AND TALK ABOUT WHAT'S BEEN REPRESENTED TO YOU AND SORT THROUGH THAT AND SEE WHAT'S BEEN SAID.

SO WE CAN'T SPEAK TO THAT.

I'M NOT SEEING A CONTRACT.

PART OF MDPS DOESN'T TALK ABOUT RESERVED GREEN SPACES UNLESS THEY'RE SPECIFICALLY DESIGNATED ON THERE.

AND THERE'S NO GUARANTEE WHAT THE BUILDER TELLS YOU.

WE, WE CANNOT CONTROL THAT.

SO, UM, THAT BEING SAID, UH, THAT'S ALL MY QUESTIONS.

I HAVE NO QUESTIONS.

IT'S JUST MORE OF A STATEMENT FOR THE MEMBERS OF THE AUDIENCE THAT CAME TO ADDRESS US TODAY.

I DO APPRECIATE YOU COMING AND PARTICIPATING IN THIS PUBLIC PROCESS.

I DO WISH WE COULD DO SOMETHING DIFFERENT.

UM, THE REASON WE'RE ALL CITIZENS TOO, THIS HAS HAPPENED TO PROBABLY SOME OF US OR SOMEONE WE KNOW.

BUT, UM, I JUST URGE YOU TO CONTINUE TO TAKE THIS UP ON, UM, I GUESS YOUR OWN TIME OR PERSONAL COURT.

BUT MOST WANTED TO THANK YOU FOR COMING HERE TODAY AND TALKING TO US.

UM, I THINK MOST OF MY QUESTIONS WERE ANSWERED.

I WAS CURIOUS ABOUT THE LEGAL, UM, SITUATION AND WHAT THE, THE PLAN ORIGINALLY SAID.

SO THANK YOU FOR ADDRESSING THAT.

AND I WANNA REITERATE WHAT MY FELLOW COMMISSIONER SAID.

I I FULLY APPRECIATE YOUR SITUATION AND THIS IS NOT AN UNCOMMON PROBLEM, UM, FOR FOLKS THAT, UM, BUY NEW PROPERTIES IN A VERY NEW DEVELOPED AREA, AND THEY HAVE BEEN PROMISED SOMETHING, BUT IT'S NOT IN THE CONTRACT.

UM, SO PLEASE FOLLOW UP WITH YOUR, YOUR BUILDER TO ADDRESS THAT.

UM, BUT SHARE THIS INFORMATION WITH ANYBODY ELSE, YOU KNOW, THAT'S CONSIDERING BUYING PROPERTIES, UM, BECAUSE THIS IS, THIS IS NOT A NEW PROBLEM.

AND, AND I, I WISH THAT WE COULD DO SOMETHING TO FIX IT.

UM, BUT AS LONG AS IT FOLLOWS STATE LAW, WE, WE CAN'T DO ANYTHING DIFFERENT.

SO THANK YOU FOR BEING HERE.

COMMISSIONER MARTINEZ, DO YOU HAVE ANY COMMENTS OR QUESTIONS? UH, THE ONLY COMMENT I CAN MAKE AMONG THIS IS THAT, UH, THE ISSUES THAT BEFORE US HAVE VERY LITTLE OF WHAT HAS BEEN STATED.

AND I HAVE RECOGNIZED THE FACT THAT IN THE PAST SELLERS OR OR UH, DEVELOPERS HAVE E EXAGGERATED THE FACTS IN MANY CASES.

BUT THAT HAS VERY LITTLE TO DO WITH THIS BOARD.

UM, THAT'S SOMETHING YOU'LL HAVE TO FIND ANOTHER REMEDY.

I BELIEVE MOST OF THE CONCERNS REGARDING DRAINAGE WERE ADDRESSED.

UM, THE QUESTION, SO THE GREEN BELT, THAT'S THE PRIVATE PROPERTY, RIGHT? THAT'S NOT A PUBLIC PARK OR ANYTHING THAT THEY WERE TALKING ABOUT? THAT'S CORRECT.

IT'S PRIVATE PROPERTY.

UM, AND JUST TO REITERATE, AS YOU HEARD, UH, WE HAVE CERTAIN LEGAL REQUIREMENTS ON THE BOARD AND WE HAVE THE PLAT MIX ALL, UH, STATE AND LOCAL REQUIREMENTS.

SO IT WILL HAVE TO BE APPROVED.

I HIGHLY RECOMMEND THAT THE DEVELOPER THOUGH, OR AT LEAST THEIR APPLICANT'S REPRESENTATIVE, PLEASE CONTINUE TO MEET WITH THE COMMUNITY, TO LISTEN TO THEIR CONCERNS.

UM, WE AS STATED EARLIER, WE, WE DEAL WITH THIS FREQUENTLY WHERE SOMEONE BUYS A PIECE OF PROPERTY, THEY LOVE THE SURROUNDING AREA, BUT IT'S NOT A PUBLIC PARK.

SO IT'S PRIVATE PROPERTY.

AND AT SOME POINT THAT ISN'T BEING DEVELOPED.

AND THEN THERE'S ONLY SO MUCH ON THAT, THE BOARDS, WHETHER IT'S ZONING OR PLANNING, CAN, CAN DO.

UM, THAT BEING SAID, THANK YOU EVERYBODY FOR COMING OUT AND SHOWING YOUR CONCERN FOR YOUR COMMUNITY.

THAT BEING SAID, I BELIEVE IT'S TIME FOR A MOTION, A MOTION FOR APPROVAL.

WE HAVE A MOTION FROM COMMISSIONER PECK BECKETT.

WE HAVE A SECOND FROM COMMISSIONER MARTINEZ.

STAFF, CAN YOU PLEASE DO THE ROLL CALL VOTE.

COMMISSIONER ROHR.

ALLEG GREENY.

COMMISSIONER PECK? YES.

NEXT ITEM ON THE AGENDA IS APPROVAL OF THE PREVIOUS MEETING MINUTES.

MOTION

[00:40:01]

PASSES.

[28. Consideration and Action on the Minutes from July 24, 2019.]

DOES ANYBODY HAVE ANY COMMENTS OR CORRECTIONS ON THE MEETING MINUTES? DO WE HAVE A MOTION ON THE MEETING MINUTES? NO.

MOVE.

SECOND, WE HAVE A MOTION FROM COMMISSIONER RAMOS AND A SECOND ROOM COMMISSIONER MICHAEL GARCIA.

STAFF, PLEASE DO THE ROLL CALL.

VOTE YOU DON'T NEED A ROLL CALL.

VOTE FOR MINUTES.

OH, OKAY.

IF THERE'S NO CHANGES TO THE MINUTES, THEY'RE APPROVED AS AS READ.

DO I HAVE TO DO THE AYES HAVE IT? NO.

UH, NEXT ITEM IS A DIRECTOR'S REPORT.

NICE.

WE'LL HAVE TO REMEMBER THAT FOR ONE OF OUR RECORD MEETINGS.

[Director's Report]

DO WE HAVE ANY MORE STAFF ANNOUNCEMENTS OR NO ANNOUNCEMENTS? UM, I WANT TO INTERJECT, UH, THERE'S A TAC MEETING COMING UP.

UM, WE ARE STILL WAITING ON RESPONSES FROM THE TAC MEMBERS.

WE'RE LOOKING AT EITHER SEPTEMBER 10TH THROUGH 13TH.

UM, THE PURPOSE FOR THE TAC WILL BE TO REVIEW A, UH, MAJOR THOROUGH FOR PLAN AMENDMENT.

UH, THESE GO TO OUR TAC UH, BEFORE COMING TO PLANNING COMMISSION.

SO WE WILL HAVE A TAC MEETING IN THE SECOND WEEK OF SEPTEMBER JUST WAITING FOR THEM TO CONFIRM ON A DATE.

AND THAT ITEM WILL THEN COME TO THE COMMISSION IN THE SECOND MEETING IN SEPTEMBER, I THINK.

I THINK THAT'S WHEN IT WILL BE TIMED, DEPENDING ON MY GUESS.

'CAUSE ONE OF THOSE DATES WAS KIND OF OUT THERE, SO MAYBE IT MIGHT, MIGHT GUESS.

AND IT DEPENDS ON THE OUTCOME OF THE TAC.

CORRECT.

WHICH REMINDS ME, WHEN DOES THE U D C COME UP AGAIN? 2020 CODE AMENDMENT PROCESS.

SO WE START, UM, PEOPLE CAN START SUBMITTING, UM, AMENDMENTS TO THE U D C, IT STARTING IN JANUARY.

THEY HAVE FROM JANUARY UNTIL MAY OF 2020, THEN FROM MAY UNTIL COMPLETE TAC MEETS.

UH, SOMETIMES THEY'RE MEETING BIWEEKLY, SOMETIMES THEY'RE MEETING WEEKLY.

IT JUST DEPENDS.

IT'S, UM, IT'S A, IT'S A LONG HAUL.

AND THEN FROM THERE WE GO THROUGH OUR BOARDS AND COMMISSIONS PROCESS TO ULTIMATELY GET TO CITY COUNCIL.

TYPICALLY.

TYPICALLY WE GET TO CITY COUNCIL BY DECEMBER, JANUARY THE LATEST.