* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] EVERYBODY, IT'S TWO O'CLOCK AND WE WILL CALL THE, UH, WEDNESDAY, AUGUST 14TH, 2024. PLANNING COMMISSION TO ORDER. WILL STAFF PLEASE DO THE ROLL CALL. COMMISSIONER FAULKNER. HERE. COMMISSIONER GARCIA? HERE. COMMISSIONER ZUKI? HERE. COMMISSIONER LOPEZ? HERE. COMMISSIONER ORIAN? HERE. COMMISSIONER SIPES? HERE. COMMISSIONER SIEGEL? HERE. COMMISSIONER PROFIT? HERE. CHAIR PECK HERE. A QUORUM IS PRESENT. THANK YOU. CAN WE HAVE THE SPANISH ENGLISH INTERPRETER PLEASE? THANK YOU VERY MUCH. ALRIGHT. UH, [Public Comment] TODAY WE'LL HAVE TWO AGENDAS. WE WILL HAVE THE CONSENT AGENDA AND WE WILL HAVE THE INDIVIDUAL HEARING AGENDA. THE CONSENT AGENDA IS ITEMS WHERE STAFF RECOMMENDS APPROVAL. THE PLANNING COMMISSION DOES NOT REQUIRE DETAILED DISCUSSION AND NO ONE THE AUDIENCE HAS SIGNED UP TO SPEAK. ALL THOSE CASES WILL BE READ INTO THE RECORD IN ONE UNIFORM MOTION AND THE INDIVIDUAL HEARING AGENDA IS EVERYTHING ELSE. UM, THE WAY I SEE IT RIGHT NOW, WE HAVE EVERYTHING IS ON CONSENT EXCEPT FOR ITEMS 15, 16, AND 20. THAT'S CORRECT. ALL RIGHT. I WILL HAVE TO RECUSE FROM THE CONSENT AGENDA. SO I WILL TURN THE MEETING OVER TO VICE CHAIR PROPHET. THANK YOU. PLEASE LET THE RECORD SHOW THAT, UH, CHAIR PECK HAS LEFT THE MEETING AT 2:02 PM UM, BEFORE WE ENTERTAIN ANY DISCUSSION OR MOTION ON THE CONSENT AGENDA, WE DO HAVE ONE VOICEMAIL TO BE PLAYED ON ITEM NUMBER ONE. ALRIGHT, GOOD AFTERNOON. MY NAME IS NATHAN DESILVA AND I'VE ACTUALLY BEEN IN CORRESPONDENCE WITH A PLANNING COMMISSION, UH, REGARDING A PARTICULAR AGENDA ITEM. UH, THIS IS AGENDA ITEM NUMBER ONE. IT'S SCHEDULED TO BE DISCUSSED AT TOMORROW'S MEETING ON AUGUST THE 14TH. I'M A RESIDENT OF THE SILVER CREEK NEIGHBORHOOD AND I'VE BEEN A RESIDENT, UH, AND COMMUNITY MEMBER SINCE 2016. MY PROPERTY ADDRESS IS 86 47 TIMBER PLACE. UH, ZIP CODE IS 7 8 2 5 0. AND THE INTENT OF ME REACHING OUT TO YOU TODAY, UH, THIS IS REGARDING, UM, LAND PLAT 2 1 1 1 8 0 0 5 9 7. UM, THERE WAS A REQUEST TO SUBDIVIDE A A PIECE OF LAND, UH, CLOSE TO THE INTERSECTION OF TEZO ROAD IN RIDGE PATH. AND JUST FOR A LITTLE BIT OF BACKGROUND, THIS PIECE OF LAND HAS BEEN PRIVATELY HELD, UM, FOR A REALLY, REALLY LONG TIME, GOING BACK SEVERAL DECADES OR LONGER. AND SO IT SERVED AS A PRIVATE RESIDENCE WITH A LOT OF BEAUTIFUL TREES AND VEGETATION, UM, THAT SUPPORT THE LOCAL WILDLIFE HERE. AND SO MY HOME, AS WELL AS SEVERAL OF MY NEIGHBOR'S HOMES, UH, BORDER THIS PROPERTY IN OUR BACKYARDS ON THE BACKSIDE. AND SO, AGAIN, THIS GIVES US A LOT OF BEAUTY AND PEACE AND TRANQUILITY, WHICH REALLY HAS BEEN A BIG PART OF THE QUALITY OF LIFE HERE IN THE SILVER CREEK, UM, AREA NEIGHBORHOOD. AND ONE OF THE THINGS THAT I'D MENTIONED, UM, IN WRITING TO THE, UM, TO THE COMMISSION WAS THAT A PRIMARY REASON THAT MY WIFE AND I DECIDED TO, TO PURCHASE PROPERTY IN THIS AREA, UM, WAS THAT PARTICULAR, THAT PARTICULAR, UM, PROPERTY LOCATION. UH, AND THE BEAUTY THAT, UM, THE PROPERTY LINE TOUCHES BEHIND IT. AND SO, YOU KNOW, TO LOSE THAT PRIVACY AND THAT BEAUTY, UH, WOULD BE EXTREMELY DISAPPOINTING FOR US. BUT, UM, I ALSO KNOW I SPEAK FOR SEVERAL OF MY, MY FELLOW NEIGHBORS TOO, AND I'VE SPOKEN WITH FAIRLY RECENTLY AND SAY THAT THE DEVELOPMENT OF, YOU KNOW, SOME PROPOSED HOUSING OR DUPLEXES DIRECTLY BEHIND US WOULD NEGATIVELY IMPACT, YOU KNOW, THE QUALITY OF LIFE HERE. SO THE INTENT AND, AND THE HOPE IS THAT YOU'LL CONSIDER THESE NEGATIVE IMPACTS TO, TO MYSELF AND MY NEIGHBORS HERE IN SOBER CREEK. UM, AND, AND THE IMPACT ON THE QUALITY OF LIFE AND, AND HOPE TO NOT RECOMMEND APPROVAL OF THE PROPOSED DEVELOPMENT, UH, OF THIS LAND. UM, I'D LOVE TO DISCUSS MORE. UH, I CAN BE REACHED TO MY CELL AT 2 1 0 8 6 0 2 5 8 2 AT ANY TIME. UM, THANK YOU FOR YOUR TIME AND CONSIDERATION. ALRIGHT, THANK YOU. UH, NOW IT'S TIME FOR CITIZENS TO BE HEARD AND WE HAVE FOUR INDIVIDUALS, UH, TO SPEAK ON ITEM NUMBER 10. UM, I'M GONNA CALL YOUR NAME, IF YOU CAN PLEASE, UH, SPEAK TO THE MICROPHONE WITH YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES. UH, FIRST WOULD BE ARLENE SANCHEZ. GOOD AFTERNOON. MY NAME'S ARLENE SANCHEZ AND I LIVE AT 9 2 0 6 RUTH LEE STREET, WHICH IS RIGHT [00:05:01] ACROSS THE STREET FROM PRESERVE AT ANNABEL RANCH. I AM IN OPPOSITION OF THE PROJECT TO START OFF WITH. THEY ARE NOT PRESERVING. THEY ARE DESTROYING HOME TO MANY WILDLIFE ANIMALS. THEY HAVE ALREADY CUT DOWN HUGE OAK TREES THAT HAVE BEEN THERE FOR MANY, MANY YEARS. MY FIRST REASON TO OPPOSE THIS PROJECT IS BECAUSE I RECENTLY LOST A COW, WHICH WAS PREGNANT. SHE INGESTED PLASTIC. I AM NOT, UM, AFFIRMING THIS PLASTIC CAME FROM ACROSS THE STREET, BUT I DO BELIEVE IT COULD HAVE BECAUSE THEY DIDN'T EVEN HAVE A SILT FENCE UP AROUND THE AREA. AND WE HAVE NEVER HAD THIS TYPE OF PROBLEM BEFORE. THEY RECENTLY JUST PUT UP A SILT FENCE, BUT THE HARM IS DONE. UH, I WALKED JUST YESTERDAY TO THE STREET AND FOUND MORE PLASTIC LEFT BEHIND MANY PEOPLE FROM THE CITY. DO NOT IMAGINE HOW BADLY A SIMPLE PLASTIC CAN HARM AND KILL FARM ANIMALS. MY NEIGHBORS AND I ALL RAISE CATTLE. SOME RAISE GOATS, SHEEP, AND CHICKEN. MY SECOND REASON TO OPPOSE IS BECAUSE THEY HAVE PLANNED TO SEND THE STORM WATER TO GO INTO MY PROPERTY, WHICH TO REMIND Y'ALL IS JUST ACROSS THE STREET TO THE PROJECT. THEY ALREADY CUT ACROSS THE STREET. RUTH LEE AND INSTALLED, INSTALLED A HUGE CEMENT TUNNEL AND MADE TWO DITCHES WHERE THE WATER WILL RUN INTO AND EXIT TO MY PROPERTY, WHICH WILL GO STRAIGHT INTO MY LAKE. UH, AND TO MENTION THEY DID ALL THAT WITHOUT EVEN OBTAINING A PERMIT. INSPECTOR FROM BEX COUNTY, KIMBERLY OLIVAR WENT A COUPLE OF WEEKS AGO AND PLACED A STOP WORK ORDER SIGN. THEY OF COURSE, DID NOT OBEY IT AND THEY CONTINUED WORKING THAT SAME DAY AND FOLLOWING DAYS. MY QUESTION IS, WHY NOT HAVE THEM MAKE A RETAINING POND ON THEIR PROPERTY? I KNOW WE CANNOT CONTROL WATER, UH, STORMS AND WEATHER, BUT WHEN A PROPERTY IS UNDEVELOPED LAND, THE WATER IS CLEAN AND FROM FROM CONTAMINATION. THIS SUBDIVISION IS JUST GETTING WORKED ON. AND I ALREADY LOST A COW WHO WILL PAY FOR MY LOSSES. NO ONE RIGHT NOW, THE STREET THEY ARE WORKING ON IS COVERED WITH OIL. IF IT WERE TO RAIN, ALL THAT OIL WILL END UP IN MY LAKE. ONCE THE SUBDIVISION IS FINISHED AND PEOPLE MOVE IN, THE STORM WATER GOING INTO MY LAKE WILL BE CONTAMINATED WITH VEHICLE OILS, CHEMICALS, TRASH, AND SO ON, WHICH WILL KILL THE FISH IN MY LAKE. HARM WILDLIFE THAT DEPENDS ON THE WATER SOURCE AND HARM CATTLE WE RAISE. I AM AWARE YOU ARE ONLY CONSIDERING 200 FEET AROUND THE PROPERTY, BUT MY LAKE GETS OVERFILLED WATER GOES TO MY NEIGHBOR'S LAKE AS WELL. THEY WILL BE AFFECTED THE SAME WAY AS I I ASK THAT YOU ALL TAKE IN CONSIDERATION ALL MY NEIGHBORS BECAUSE RUTH LEE IS A SMALL DEAD END ROAD. IT IS NOT MEANT TO BE A MAIN STREET. UM, CAN SOMEBODY DONATE? OKAY, WELL WHAT'S YOUR NAME PLEASE? SAN. OKAY. YOU HAVE THREE MORE MINUTES. OKAY. MY NEIGHBORS AND I ALL DO AGRICULTURE. WE RAISE FARM ANIMALS AND WE ALL WILL BE NEGATIVELY AFFECTED WITH THIS PROJECT. THANK YOU ALL FOR ALLOWING ME TO EXPRESS MY CONCERNS TODAY. AND I HOPE MY NEIGHBORS AND I CAN CONTINUE TO DO WHAT WE HAVE MANY, MANY YEARS, WHICH IS FARMING IN A SAFE ENVIRONMENT FOR OUR ANIMALS. AND I HAVE A FEW PICTURES THAT COULD BACK UP WHAT I JUST SAID, LIKE THE TRASH THAT'S BEING LEFT BEHIND BY THE WORKERS. UM, THEY RECENTLY, LIKE I SAID, UH, PUT UP A SEAL FENCE, BUT EVERYTHING'S HERE. THEY CAN PUT IT UP ON THE SCREEN. OKAY. THERE'S SOME PICTURES THERE. I IT'S NOT, WE NEED THE DOCUMENT. I DON'T NEED THE PICTURES. IF Y'ALL WANT, IF Y'ALL CAN KEEP 'EM AND LOOK OVER 'EM, THAT'D BE FINE. BUT IT SHOWS, UM, MY LAKE, IT SHOWS WILDLIFE WE HAVE IN OUR FARM AND I'M SURE ALL OF OUR NEIGHBORS HAVE THE SAME. AND IT SHOWS THE TRASH THAT'S LEFT BEHIND. OH, [00:10:01] THOSE ARE, THAT WAS A BEAUTIFUL, LARGE, LARGE OAK TREE THAT WAS RIGHT IN FRONT OF MY PROPERTY. THEY CHOPPED IT DOWN. ALL LIKE, AS YOU SEE THERE ON THOSE OTHER PICTURES, YOU COULD SEE, UH, GOOGLE MAPS. THAT'S, UH, THE FIRST LAKE THAT SHOWS THERE. THE BIGGEST ONE IS THE ONE ON MY PROPERTY. AND THEN WHAT, WHEN IT OVERFILLS, IT GOES RIGHT INTO MY NEIGHBOR'S PROPERTY. THOSE ARE THE STOP WORK ORDERS THAT WERE PLACED FOR THEM. AND THOSE ARE, YOU COULD SEE THE, WHERE THE CONES ARE AT IS WHERE THEY PUT THE CEMENT TUNNEL. THEY DID ALL THAT WITHOUT PERMIT. THERE'S BAGS AND EVERYTHING THEY LEAVE OUT THERE, WHICH, LIKE I SAID, MANY PEOPLE FROM THE CITY DO NOT KNOW THAT A SIMPLE PLASTIC COULD HARM FARM ANIMALS AND KILL THEM. ALL THAT WATER YOU SEE THERE IS WHEN IT RAINS, IT LOOKS LIKE A RIVER. IT GOES STRAIGHT INTO MY POND. AND THAT'S ALL CLEAN WATER BECAUSE IT'S UNDEVELOPED LAND WHERE IT'S COMING FROM. ONCE IT GETS DEVELOPED, IT'S GONNA BE FULL OF CONTAMINATES. THAT'S WHERE THE WATER CONNECTS TO MY NEIGHBOR'S LAKE. THAT'S ALL I HAVE TO SAY. HOPE Y'ALL TAKE INTO CONSIDERATION AND THANK YOU FOR YOUR TIME. THANK YOU. I HAVE A QUESTION FOR THE SPEAKER. YES. UH, DID YOU ALREADY, UH, UH, NOTIFY BEAR COUNTY? 'CAUSE IT SOUNDS LIKE A LOT OF YOUR ISSUES ARE WITH THE, UH, STORMWATER QUALITY REQUIREMENTS OF THE COUNTY. I DID GIVE THEM A CALL. UH, THEY DID GO OUT THERE AND TAKE A LOOK BECAUSE I HAD GAVE THEM A CALL AND THAT'S WHEN THEY DID PUT THAT STOP WORK ORDER BECAUSE THEY SAID THEY WERE DOING ALL OF THAT WITHOUT PERMITS. THEY DID ORDER FOR A SILT FENCE TO BE PUT UP BECAUSE I DID MENTION ALL THE ISSUES WE WERE HAVING. OKAY. AND, AND IS THERE ANYTHING SPECIFIC ON THE PROPOSED PLAT THAT YOU THINK IS IN VIOLATION OF A CODE OTHER THAN MAYBE SOME HOW, HOW THEY'RE CONDUCTING THE CONSTRUCTION? WELL, I WOULD REALLY LIKE FOR THEM TO MAKE SOME TYPE OF RETENTION POND OR SOMETHING TO KEEP THAT WATER THAT'S GONNA BE COMING FROM THEIR AREA IN THEIR AREA AND NOT LET THAT RUN OFF TO MY PROPERTY. OKAY. THANK YOU VERY MUCH. OKAY. THANK YOU. THANK YOU. UM, MR. BRENT RESNICK? WAS THAT CLOSE? NO, NO , SORRY. SEC 30 MINUTES. NAME AND ADDRESS PLEASE. OKAY. MY NAME IS BRENT RONEK. UH, I'M REPRESENTING 93 30 RUTH LEE FROM MY PARENTS. AND TO ELABORATE FURTHER ON SOME OF THE TOPICS THAT MS. SANCHEZ BROUGHT UP, I GUESS MY QUESTION IS, AS A DOWNSTREAM ENVIRONMENTAL STUDY BEEN CONDUCTED BY THE DEVELOPER, SO Y'ALL KNOW WHAT THE IMPACT IS GONNA BE FURTHER DOWNSTREAM AT THEIR SUBDIVISION. SO LET ME CHIME IN REAL QUICK TO SAY AFTER PUBLIC COMMENT, WE CAN ASK SABRINA SANTIAGO WITH THE PUBLIC WORKS DEPARTMENT TO COME UP AND ADDRESS SOME OF THE DRAINAGE CONCERNS. OKAY. ARE, ARE THE RESULTS GONNA BE AVAILABLE TO WHERE WE CAN REVIEW 'EM AS WELL? BECAUSE THAT, THAT BOX CULVERT THAT MS. SANCHEZ IS REFERRING TO THAT WENT IN UP UNDERNEATH RUTH LEE. I DON'T KNOW THE EXACT SIZE OF THE ORIGINAL PIPE THAT WAS THERE. MY GUESS IS IT WAS NO MORE THAN A 24 INCH, MAYBE A DESIGN FOUR, WHICH IS EQUIVALENT. NOW IT'S A TWO FOOT BY AT LEAST FOUR FOOT, I'M GUESSING, JUST BY LOOKING. SO THAT'S DOUBLING THE AMOUNT OF WATER GOING THROUGH. AND AS MS. SANCHEZ STATED EARLIER, WHY ISN'T THERE A DETENTION POND SET UP ON THIS PLOT PLAT WHEN YOU CAN GO ON THESE OTHER SUBDIVISIONS DIRECTLY BEHIND US AND THERE'S TWO OR THREE DETENTION PONDS SET UP TO CONTAIN THE DRAINAGE OVER THERE. AND THEN, YOU KNOW, THE, THE ADDED WATER COMING DOWN IS GONNA AFFECT THEIR TANK. IT'S, IT, IT IS GONNA CARRY CONTAMINANTS THROUGH THERE. 'CAUSE YOU'RE GONNA HAVE VEHICLES. YOU GOT THE ROADWAY. SO YOU'RE GONNA HAVE DIFFERENT VEHICLE, VEHICLE OR WHATEVER YOU WANNA CALL CHEMICALS COMING DOWN THROUGH THAT WATER. YOU GOT FISH INVOLVED, YOU'VE GOT DEER CATTLE, AND I'M SURE IF THEY HAVE SHEEP OR GOATS OR YOU KNOW, ANYTHING ELSE, YOU KNOW WHO, WHO'S GONNA BE RESPONSIBLE FOR CONTAINING THOSE CONTAMINANTS. YOU KNOW THAT, THAT'S A BIG CONCERN. THE TRASH IS ALREADY AN ISSUE. WE HAVE A 22 ACRE HAY FIELD THAT BACKS UP TO THE OTHER SUBDIVISION ADJACENT TO THIS ONE. YOU CAN'T EVEN BAIL HAY OUT THERE WITHOUT GOING THROUGH THERE, PICKING UP AND CLEANING UP ALL THE PLASTIC AND DEBRIS AND TRASH THAT'S BLOWING IN FROM THE SUBDIVISION. SO, YES, YOU [00:15:01] KNOW, THERE IS CONCERN ENVIRONMENTALLY AND WE, WE WOULD LIKE TO SEE WHAT THE RESULTS OF ANY TYPE OF A STUDY ARE. YEAH. AGAIN, THIS IS AN OPPORTUNITY FOR PUBLIC COMMENT AND, AND YOUR COMMENTS ARE, UH, HEARD AND, AND OBVIOUSLY AS MR. SPARROW MENTIONED THEN WE, WE STAFF CAN ADDRESS SOME OF THOSE CONCERNS AFTER WE FINISH PUBLIC COMMENT HERE. SO. ALRIGHT. THANK YOU. THANK YOU SIR. UH, DEBORAH WILLIAMS. GOOD AFTERNOON. AND, UH, MY NAME IS DEBORAH WILLIAMS, BUT I'M ALSO REPRESENTING MY HUSBAND DENNIS WILLIAMS. WE'VE LIVED ON, I'M SORRY. YOU GETTING DO IT. OKAY. I'M SORRY. UM, WE LIVE ON 99 0 1 0 RUTH LEE, WHICH IS NEXT DOOR TO ARLENE, THE FIRST PRESENTER. UM, I HAVE THE SAME CONCERNS AND I HAVE TO BACK THIS STORY UP A LITTLE BIT BECAUSE WE GOT THE LETTER FROM THE CITY OF SAN ANTONIO AND MY FIRST THOUGHT IS WHY WE DON'T LIVE IN THE CITY LIMITS. SO AS I DID SOME DIGGING AROUND, I FOUND OUT WHERE THE ETJ AND I'M ASSUMING THAT'S WHY WE GOT THE LETTER. IT'S KIND OF INTERESTING THAT HE BROUGHT UP THE COUNTY BECAUSE THAT'S WHO I WOULD'VE THOUGHT WOULD HAVE TALKED TO US ABOUT WHAT WAS GOING ON IN THE AREA. SO, HAD TO DO A LITTLE DIGGING. AND I THINK MY CONCERN IS JUST, I'M GONNA JUST REITERATE WHAT HAS BEEN SAID ALREADY. I THINK PLANS ARE BEING MADE. WE KNOW WE CAN'T STOP THE SUBDIVISION, THE STREET'S IN, AND THEY'RE GONNA GO IN. THAT'S, THAT'S NOT THE ISSUE HERE IS THAT THINGS ARE BEING DONE WITHOUT TELLING US. I CAN'T TELL YOU HOW SURPRISED MY NEIGHBORS WERE THAT WE'RE IN AN ETJ. THEY DIDN'T KNOW WHAT IT WAS. I HADN'T HEARD OF IT, NEVER HAD GOT ANY NOTIFICATION THAT I KNOW OF. SO HERE WE FEEL LIKE THINGS ARE HAPPENING AND WE DON'T KNOW UPFRONT. SO I REALLY WELCOME THE PRESENTATION AFTER THE MEETING. 'CAUSE THAT'S WHAT WE NEED IS KNOWLEDGE OF WHAT'S GOING ON. SO IT'S NOT A SURPRISE TO US WHEN THEY'RE DIGGING, PUTTING THIS BIG PIPE UNDER THE STREET. BUT, UH, SO REALLY THE O THE RETENTION POND, WHICH WE'VE TALKED ABOUT SEVERAL TIMES, ANNABELLE RANCH, WHICH IS RIGHT NEXT TO US, HAS A HUGE RETENTION POND THAT ACTUALLY DRAINS INTO A CREEK THAT'S ON THE OTHER END OF OUR STREET. SO LITERALLY WE'RE, WE'RE GETTING ATTACKED FROM BOTH SIDES BY WATER. WE LUCK, I GUESS UNLUCKY LUCKY, HAVEN'T GOTTEN ENOUGH RAIN TO SEE WHAT HAPPENS, BUT I CAN TELL YOU WHAT HAPPENS. WE HAVE SOME OTHER LAND, IT WILL FLOOD THEIR LAND IT, AND WE PROBABLY WON'T EVEN HAVE ACCESS IN AND OUTTA THE SUBDIVISION. SO YES, WE HAVE REAL CONCERNS AND I THANK YOU FOR YOUR TIME. THANK YOU. AND THANK YOU, UH, FOR ALL THE, UH, CITIZENS FOR THEIR COMMENTS. UH, AS THE [Plats  ] PLANNING COMMISSION, OUR PURVIEW IN RELATION TO PLATS IS TO MAKE SURE THAT THEY MEET THIS STATE STATUTORY REQUIREMENTS, UM, STAFF, UH, DOES, DOES THIS PLA MEET ALL OF THE STATE REQUIRED STATUTES? IT DOES. AND I KNOW THAT THERE WERE SEVERAL QUESTIONS RELATED TO THE STORM WATER MANAGEMENT. UH, SABRINA, IF MAYBE YOU COULD JUST AT LEAST BRIEFLY SPEAK TO WHAT YOUR TEAM REVIEWED ASSOCIATED WITH THE PLANT THAT LED YOU TO THE CONCLUSION THAT IT MEETS THOSE REQUIREMENTS. GOOD AFTERNOON, COMMISSIONER SABRINA SANTIAGO. I'M THE CAPITAL PROGRAMS MANAGER FOR THE FLOODPLAIN MANAGEMENT DIVISION OF PUBLIC WORKS. UM, AND I WILL SAY THAT THE, THIS PLAT DOES MEET OUR CURRENT DRAINAGE REQUIREMENTS. UM, I WILL ADDRESS SOME OF THE CONCERNS THAT WERE MADE. UM, OUR DRAINAGE ORDINANCE ONLY PERTAINS TO ADVERSE IMPACT. ESSENTIALLY, ANY AND ALL NEW LAND DEVELOPMENT CANNOT CREATE AN ADVERSE IMPACT FROM A DRAINAGE PERSPECTIVE. NOW, I KNOW MOST OF THE CONCERNS ARE FROM AN ENVIRONMENTAL PERSPECTIVE. UM, EVERY DEVELOPMENT IS REQUIRED TO SUBMIT A STORMWATER MANAGEMENT, UM, BEST MANAGEMENT PRACTICES DURING CONSTRUCTION. UM, AND THOSE ARE THE SILT FENCING, UM, TO PROTECT ANY SORT OF INFRASTRUCTURE OR STRUCTURES DOWNSTREAM DURING THE CONSTRUCTION. AND IF THERE IS A RAIN EVENT, HENCE THE SILT FENCING AND WHATNOT. UM, I WILL TELL YOU THAT THIS IS THE ETJ AND THE COUNTY IS RESPONSIBLE FOR ENFORCING THE STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES. UM, THE CITY DOES NOT, UM, CITY OF SAN ANTONIO IS NOT, UM, PART OF THAT EFFORT. UM, SO I DO ASK THAT IF YOU CONTINUE TO HAVE ISSUES WITH THAT, TO BE PERSISTENT WITH THE COUNTY, MAKE SURE THAT YOU ARE REACHING OUT TO THEM. AND IF YOU NOTICE THE CONTRACTOR'S NOT DOING THEIR RESPONSIBILITY AND CLEANING UP THE SITE AS THEY'RE SUPPOSED TO. UM, SURELY AFTER A RAIN EVENT, AFTER EVERY RAIN EVENT, THEY'RE SUPPOSED TO MAKE SURE THAT THE SITE IS CLEAN, UM, FROM ANY DEBRIS OR SILT TRASH WASHING DOWNSTREAM OFF OF THEIR PROPERTY. UM, THAT IS A REQUIREMENT. UM, THAT IS, UM, AGAIN, IF YOU DON'T, IF YOU HAVE ANY ISSUES, UM, GETTING IN CONTACT, I WILL LEAVE MY CARD WITH, UM, [00:20:01] A FEW OF YOU THAT SPOKE TODAY. UM, AND I CAN SURELY HELP IN ENSURE THAT THOSE CONVERSATIONS ARE HAD. UH, AGAIN, THIS PLOT DOES MEET THE REQUIREMENTS OF, OF THE CITY OF SAN ANTONIO'S DRAINAGE REQUIREMENTS. THANK YOU, SABRINA. YEAH. UM, AGAIN, UM, HEARING THINGS LIKE THE STOP ORDER AND, AND WE'RE CONTINUING, UM, HOPEFULLY WE CAN, YOU GUYS CAN WORK WITH COUNTY AND MAKE SURE THAT, THAT THE PROPER, UH, PROCESSES ARE BEING FOLLOWED. SO, UM, AT THIS POINT, UH, WE'RE READY TO TAKE A, A MOTION OR CONSIDERATION ON THE CONSENT. ARE THERE ANY COMMISSIONER QUESTIONS OR COMMENTS RELATED TO THE CONSENT AGENDA? COMMENTS CLOSED. COMMISSIONER ZUKI. YOU OKAY? WE'RE LOSING HIM. CAN'T HEAR YOU. OKAY. UH, THEN I'LL, UH, ENTERTAIN A MOTION FOR THE CONSENT FOR MOVE. TO APPROVE THE CONSENT AGENDA. I WILL NEED A SECOND, SECOND. MOTION TO APPROVE BY COMMISSIONER ORIAN. SECOND BY COMMISSIONER SIEGEL. OKAY. COMMISSIONER ORIAN? YES. COMMISSIONER SIEGEL? YES. COMMISSIONER FAULKNER? YES. COMMISSIONER GARCIA? YES. COMMISSIONER ZUKI . COMMISSIONER LOPEZ? YES. COMMISSIONER SIPES? YES. COMMISSIONER PROFIT? YES. MOTION PASSES FOR APPROVAL. THANK YOU. CAN WE GET, UH, CHAIR PECK TO RETURN? PLEASE LET THE RECORD SHOW THAT COMMISSIONER PECK HAS RETURNED TO THE MEETING AT 2:22 PM ALL RIGHT. THANK YOU. VICE CHAIR PROFIT. UH, [Comprehensive Master Plan Amendments  ] ITEM 15. GOOD AFTERNOON Y'ALL. CLAYTON WALLACE, PLANNING COORDINATOR WITH DEVELOPMENT SERVICES. GET A SECOND. YOU GOTTA SWAP. YEP. PERFECT. ITEM NUMBER 15 IS A REQUEST FOR APPROVAL OF A RESOLUTION TO THE CAMP BULLIS, EXTRA EXTRATERRITORIAL JURISDICTION MILITARY PROTECTION PLAN. UM, FROM LOW ENCY RESIDENTIAL TO BUSINESS INNOVATION, MIXED USE LOCATED AT 84 89 BUCKS CAN DRIVE. THERE WERE SEVEN NOTICES MAILED ZERO IN FAVOR, ZERO IN OPPOSITION. OUTSIDE 200 FEET WE RECEIVED ONE. AND OPPOSITION, THE APPLICANT SEEKS A PLAN AMENDMENT TO BUSINESS INNOVATION MIXED USE TO ALLOW FOR A COMMERCIAL WAREHOUSE SLASH SELF STORAGE. UM, THE APPLICANT SEEKS THIS PLAN AMENDMENT. UM, KEEP GOING. UH, THE PROPOSED BUSINESS INNOVATION MIXED USE IS INCOMPATIBLE WITH OTHER LAND USES IN THE AREA. UH, BUSINESS INNOVATION MIXED USE PERMITS THE HIGHEST INTENSITY COMMERCIAL AND LIGHT INDUSTRIAL USES. UH, BUSINESS INNOVATION, MIXED USE, LAND USE CATEGORIES APPLY TO LAND USES WITH LARGE SCALE INDUSTRIAL SLASH BUSINESS MIX, SUCH AS WAREHOUSE PARKS, OFFICE CAMPUSES, AND OTHER LARGE SCALE COMMERCIAL INDUSTRIAL DEVELOPMENTS. IN THIS CASE, THE APPLICANT SEEKS TO ESTABLISH THE WAREHOUSE SELF-STORAGE, UM, THAT IS ADJACENT TO LARGE LOT SINGLE FAMILY DWELLINGS WITHOUT ANY MEANINGFUL SEPARATION. STAFF DOES NOT FIND THAT THE REQUEST TO ADHERE TO THE GUIDING PRINCIPLES OF THE ADOPTED PLAN AS PART OF THIS JOINT BASED SAN ANTONIO DOES NOT OR HAS REVIEWED THE APPLICATION AND DOES NOT HAVE ANY, UM, OBJECTIONS OTHER THAN COMPLIANCE WITH, UM, ALL OF THEIR STANDARD DEVELOPMENT, UM, REQUESTS. UH, STAFF RECOMMEND DENIAL. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. WOULD THE APPLICANT LIKE TO APPROACH THE PODIUM? I AM, UH, MARK INKY WITH MAX COMM SECURITIES. STATE YOUR ADDRESS FOR THE RECORD, PLEASE. UH, IT'S 84 89 BUCKSKIN DRIVE. DO YOU WISH TO ADDRESS THE COMMISSIONER OR IF YOU JUST HERE FOR QUESTIONS? I JUST, UM, I'LL, I'LL DO QUESTIONS, PLEASE. OKAY. ALL RIGHT. AND THERE IS NOBODY SIGNED UP TO SPEAK ON THIS ITEM. SO WE WILL CLOSE THE PUBLIC HEARING AND START WITH COMMISSIONER QUESTIONS. WE'LL START WAY OVER ON THE LEFT WITH COMMISSIONER LOPEZ. I JUST HAVE A QUESTION. DID, DID, DID YOU DISCUSS THIS THOROUGHLY WITH STAFF, UH, TO WHERE YOU UNDERSTAND, YOU KNOW, WHY THEY'RE RECOMMENDING DENIAL AND WHAT YOUR OPTIONS MAY BE MOVING FORWARD, ASIDE FROM WHAT YOU'RE INTENDING AT THIS TIME? JUST, JUST A LITTLE BIT, UH, CLAYTON AND I HAVE TALKED ABOUT SOME THINGS. UM, I MEAN, I, I HAD, [00:25:01] I DID KNOW THAT HE WAS GONNA RECOMMEND DENIAL. UM, IS IS THERE ANY ALTERNATIVES THAT WOULD WARRANT A, UH, CONTINUANCE FOR YOU TO WORK OUT SOME OTHER, SOME OTHER, UH, UM, DEVELOPMENT THAT MIGHT BE MORE, UM, AMICABLE TO THE CITY? I DO NOT BELIEVE SO, ONLY BECAUSE I THINK IN THE ETJ, THE IN ZONING, UH, THE COMMERCIAL IS KIND OF, UH, WELL, THERE'S SEVERAL DIFFERENT, UH, TYPES OF ZONING THAT ARE KIND OF BROUGHT TOGETHER IN THE, IN THE SAME. AND SO WE LOOKED AT WHICH ONE WOULD BE THE BEST ONE FOR US TO APPLY FOR. AND, UH, AND I DIDN'T SEE REALLY IT, THE PICTURES DIDN'T SHOW IT VERY WELL, BUT, UM, THERE'S ADJACENT PROPERTIES THAT ARE, UH, CONNECTING TO OURS THAT ARE, UH, ALSO ZONED THE SAME AS WHAT WE'RE APPLYING FOR. OKAY. THANK YOU. YES, SIR. COMMISSIONER SIEGEL, UM, WHICH ADJACENT PROPERTIES ARE APPLYING FOR PROPOSED BUSINESS INNOVATION? MIXED USE? UH, NO MA'AM. THEY'RE ALREADY, THERE'S AN APARTMENT COMPLEX THAT WAS BUILT WITHIN THE PAST YEAR AND A HALF, UH, ADJOINING THE BACKSIDE. YOU CAN SEE IT IN ONE OF THE PICTURES, UH, JUST OVER. AND THEN, UH, ALSO, I WISH I WOULD'VE BROUGHT THAT UP, BUT, UM, UH, WHERE IT SAYS, UH, COMMUNITY COMMERCIAL, THAT'S, UH, A COMMERCIAL PROPERTY WITH, UH, PROPANE. AND THEN, UH, YOU ALSO HAVE COMMUNITY COMMERCIAL RIGHT THERE, . SO ANY OF THOSE LAND USES WOULD BE COMPATIBLE WITH WHAT'S ALREADY THERE. BUT I DON'T SEE THE CONNECTION WITH BUSINESS INNOVATION MIXED USE I THOUGHT WE WERE GOING FOR, OR SO BASED ON WHAT YOU APPLIED FOR, THIS IS WHAT, WHAT WORK? UM, IF YOU HAD CLAY, CAN YOU SPEAK IN THE MICROPHONE PLEASE? SO BASED ON WHAT THE APPLICANT SUBMITTED, THIS IS THE, UM, THE LAND USE CATEGORY THAT WOULD HAVE TO BE APPROVED IN ORDER TO ALLOW FOR THAT TYPE OF DEVELOPMENT WITHIN THE MLOD. UM, IF THERE IS A CHANGE IN WHAT IS BEING PROPOSED ON THE SITE THAN A DIFFERENT LAND USE CATEGORY COULD APPLY. YES, MA'AM. WE, WE KIND OF WENT OVER WHAT WE WOULD BE DOING THERE IN THE, THE OCCUPANCY AND, YOU KNOW, THINGS LIKE THAT AND, UH, DECIDED ON, UH, WELL THE BUSINESS INNOVATION AND MIXED USE. OKAY. THANK YOU. I DON'T HAVE ANY OTHER QUESTIONS. NO OTHER QUESTIONS? NO QUESTIONS. QUESTION FOR STAFF AND, AND WE MAY HAVE, UH, ADDRESSED THIS IN WORK SESSION. UH, WHAT THE APPLICANT IS PROPOSING TO DO WOULD NOT FIT INTO COMMUNITY COMMERCIAL, CORRECT? CORRECT. SO THE, THE, THE BUSINESS WAREHOUSE AND SELF STORAGE WOULD REQUIRE THE BUSINESS INNOVATION MIXED USE IN ORDER TO BE ALLOWED. UM, AND THAT THAT'S BASED ON THE CURRENT APPLICATION. YEAH. I JUST, JUST TO CHIME IN A LITTLE MORE ON THAT AND TO REITERATE WHAT WAS DISCUSSED IN WORK SESSION. UNLIKE A TYPICAL PLAN AMENDMENT CASE WHERE YOU HAVE A PART TWO ZONING, WE LACK THE ABILITY TO KIND OF HONE IN WHAT THE ACTUAL USE MAY BE. THE CATEGORY BEFORE THE PLANNING COMMISSION TODAY IS THE LEAST INTENSE LAND USE CATEGORY THAT STILL ALLOWS THE USE OF THE BUSINESS WAREHOUSE. THERE ARE MORE INTENSE DISTRICTS, BUT THERE ARE NOT LESS INTENSE DISTRICTS. THE CHALLENGE FOR STAFF IS THAT THAT LAND USE CATEGORY BUSINESS INNOVATION ALLOWS SUCH A WIDE ARRAY OF USES THAT IF THIS WERE ULTIMATELY APPROVED, IT WOULD FACILITATE THE POTENTIAL FOR GENERAL INDUSTRIAL USES ON THIS PROPERTY AS WELL. MM-HMM. . UM, SO STAFF HAS A VERY DIFFICULT TIME SUPPORTING THAT BECAUSE WE HAVE TO TAKE INTO ACCOUNT WHAT COULD BE NOT JUST WHAT IS BEFORE THE COMMISSION TODAY. THANK YOU. UM, AND THAT'S OUR CONCERN IS, IS THAT WHETHER YOU, YOU CHANGE THE USE THE PROPERTY SELLS, UNLESS IT GOES TO A HIGHER, IT WOULDN'T COME BACK BEFORE A PLANNING COMMISSION AND IT COULD BE POTENTIALLY A HIGHER, UH, DENSITY USE. UM, COMMISSIONER ORIEN ORIAN TALKED ABOUT CONTINUANCE, I THINK, BUT YEAH. IS THERE, WOULD THERE BE AN OPPORTUNITY IF, IF THERE WERE, WERE A TWO WEEK OR FOUR WEEK TO COME UP WITH A ANOTHER OPTION? SO, SO YEAH, LET ME CHIME IN. TWO THINGS ON THAT. FIRST OF ALL, WE WOULD HAVE, WE WOULD BE ENTERTAINING EFFECTIVELY A DIFFERENT USE BECAUSE [00:30:01] THERE IS NO OTHER LAND USE CATEGORY THAT WOULD PERMIT THIS. UM, AT THAT WE WOULD REALLY BE LOOKING AT STARTING OVER. THIS IS NOT LIKE A ZONING CASE WHERE YOU CAN DECREASE INTENSITY FROM C TWO TO C ONE AND SAY IT'S WITHIN THE RANGE. THIS WOULD BE A COMMUNICATION TO THE PUBLIC TO RECONSIDER AN ENTIRELY DIFFERENT LAND USE CATEGORY. SO IT WOULD KIND OF BE STARTING FROM SCRATCH. AND YOU, YOU, IT SEEMS TO BE ABOUT HALFWAY CONSTRUCTED. YES, SIR. SO, SO CHAIR, I HAVE A, A QUESTION FOR STAFF ON THIS. I DON'T WANT TO CREATE AN ROUTINELY, UH, LARGE AMOUNT OF WORK FOR THE CITY, BUT IS IT POSSIBLE TO CREATE A NEW CATEGORY THAT WOULDN'T ALLOW AS MANY STRINGENT USES THAT MAY BE IS A REASON FOR THE, UH, DENIAL THAT WOULD REALLY REQUIRE AN ACTION FROM CITY COUNCIL? THE LAND USE CATEGORIES BEFORE YOU TODAY WERE CREATED IN 2020 BY DIRECTION OF CITY COUNCIL. AND I DON'T THINK THAT THERE'S APPETITE IN THE NEAR FUTURE TO RECONSIDER. OKAY. AND IF, AND IF THIS APPLICANT WERE TO GO TO CITY COUNCIL, CAN THEY DO ANYTHING AT CITY COUNCIL THAT WE CAN'T DO THAT WOULD SOMEHOW ALLOW HIM TO MOVE FORWARD? NO. THE CITY COUNCIL CAN'T UNANIMOUSLY OVERRIDE THE E-T-J-M-P-A REGULATIONS. THEY WOULD HAVE THE ULTIMATE SAY, REGARDLESS OF WHAT THE PLANNING COMMISSION RECOMMENDS. RIGHT. CITY COUNCIL WOULD HAVE THE FINAL DECISION IN WHETHER OR NOT THIS IS APPROVED OR, OKAY. I JUST WANTED TO MAKE SURE THE APPLICANT WAS AWARE OF ALL THE DIFFERENT THINGS AND COGS AND WHEELS ON THIS. THANK YOU. YEAH. UH, THANK YOU. THAT'S ALL, ALL, ALL MY QUESTIONS OR COMMENTS? NO QUESTIONS. I DON'T HAVE ANY FURTHER QUESTIONS. MY COMMENTS OR MY QUESTIONS HAVE ALL BEEN ADDRESSED. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? OKAY. NOT WILL ENTERTAIN A MOTION. ZUKI, DO YOU HAVE ANY QUESTIONS? NO. OKAY. ALL RIGHT. ENTERTAIN A MOTION I MOVE TO DENY THE APPLICATION REQUEST. SECOND, WE HAVE A MOTION FOR DENIAL AND A SECOND ROLL CALL. VOTE PLEASE. UM, COMMISSIONER ORIAN? YES. COMMISSIONER SIEGEL? YES. COMMISSIONER FAULKNER? YES. COMMISSIONER GARCIA? YES. COMMISSIONER ZUKI. WE CAN'T HEAR YOU. COMMISSIONER ZUKI. THUMBS UP. COMMISSIONER LOPEZ? YES. COMMISSIONER SIPES? YES. COMMISSIONER PROFIT? YES. CHAIR PECK? YES. YES. MOTION PASSES FOR DENIAL. OKAY. THANK YOU. THANK YOU. ITEM 16, ITEM NUMBER 16 IS REQUESTING A SIX WEEK CONTINUANCE TO SEPTEMBER 25TH. 2024. MEETING. MOVE TO APPROVE THE CONTINUANCE TO SEPTEMBER 15TH, 22ND. WELL, WE HAVE A MOTION BY COMMISSIONER SIEGEL AND A SECOND BY EVERYBODY ELSE. JUST A SEPTEMBER 25TH, I THINK YOU SAID 15TH. SEPTEMBER 25TH. THANK, THANK. SEPTEMBER 25TH, 25. YES. FIVE. OKAY. UH, I DON'T KNOW WHO THE SECOND WAS. WE'LL GIVE IT TO COMMISSIONER FAULKNER. OKAY. OH NO CLOSE ENOUGH. STAFF, PLEASE DO A ROLL CALL. VOTE. OKAY. COMMISSIONER SIEGEL? YES. COMMISSIONER FAULKNER? YES. COMMISSIONER GARCIA? YES. COMMISSIONER ZUKI. UH, COMMISSIONER LOPEZ? YES. COMMISSIONER ORIAN? YES. COMMISSIONER SIPES? YES. COMMISSIONER PROFIT? YES. CHAIR PECK? YES. MOTION PASSES FOR CONTINUANCE. THANK YOU. OKAY. MINUTES. [Approval of Minutes  ] UM, WE WILL DO A, IS THERE ANY COMMENTS OR QUESTIONS ON THE MINUTES? OKAY. ALL THOSE IN FAVOR? WE'LL NEED A MOTION. AND A SECOND. A MOTION TO APPROVE. MINUTES. MOTION BY VICE CHAIR PROPHET. SECOND BY COMMISSIONER FAULKNER. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES. MOTION PASSES. I ABSTAIN PASSES. UH, UH, COMMISSIONER ORIAN. ABSTAIN FROM THAT BY THE WAY. OKAY. IS THERE A DIRECTOR'S REPORT? NOTHING FOR TODAY. AWESOME. IT IS 2 34 AND WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.