[00:00:03]
OKAY, IT'S, UH, THREE MINUTES AFTER 2:00 PM ON, UH, WEDNESDAY, SEPTEMBER 24TH, AND WE'LL CALL THE PLANNING COMMISSION MEETING TO ORDER.
WILL STAFF PLEASE DO THE ROLL CALL.
UH, CAN WE PLEASE HAVE INFORMATION ABOUT, UH, SPANISH INTERPRETATION SERVICES? THANK YOU.
[Plats ]
AGENDAS.OUR FIRST AGENDA IS THE COMBINED HEARING AGENDA.
CASES THAT ARE PLACED ON THE COMBINED HEARING HEARING AGENDA ARE CASES WHERE STAFF RECOMMENDS APPROVAL.
THE PLANNING COMMISSION DOES NOT REQUIRE FURTHER DETAILED DISCUSSION, AND NO ONE IN THE AUDIENCE HAS SIGNED UP TO SPEAK ON THE ITEM.
ALL CASES WILL BE READ INTO THE RECORD FOR ONE UNIFIED MOTION.
UH, AT THIS TIME, UM, ALL CASES ON THE AGENDA ARE ON THE COMBINED HEARING AGENDA, EXCEPT FOR CASES 9, 8, 9 AND 10.
UH, THE CONSENT AGENDA OR THE COMBINED HEARING AGENDA WILL INCLUDE ITEM NUMBER 12, THE MINUTES.
DID WE HAVE ANYTHING WE WANNA SAY ABOUT THIS? I DO WANNA MAKE AN ANNOUNCEMENT AT THE TOP OF THE MEETING, UH, THAT, SORRY, YOUR MIC.
I DO WANNA MAKE AN ANNOUNCEMENT AT THE TOP OF THE MEETING THAT WE ARE ANTICIPATING THAT WHEN WE REACH AGENDA ITEM NUMBER 10, WE WILL BE LOSING A QUORUM.
SO THAT ITEM WILL NOT BE ELIGIBLE FOR CONSIDERATION TODAY.
AGAIN, AGENDA ITEM NUMBER 10 IS NOT ON THE CONSENT AGENDA.
THAT WOULD BE SLATED FOR INDIVIDUAL CONSIDERATION, BUT WE ARE EXPECTING TO LOSE A QUORUM.
UH, THE MECHANICS OF THAT ARE THAT IF WE ARE NOT ABLE TO CONSIDER THAT ITEM BECAUSE WE LOSE A QUORUM, IT WILL BE AUTOMATICALLY CONTINUED TO THE NEXT MEETING ON OCTOBER THE EIGHTH.
SO I JUST WANNA MAKE THAT ANNOUNCEMENT AT THE BEGINNING.
AND I'D LIKE TO ADD THAT ITEM NUMBER EIGHT WAS POSTPONED.
SO, UH, ONCE AGAIN, THE COMBINED HEARING AGENDA WILL INCLUDE ALL ITEMS EXCEPT FOR EIGHT, NINE, AND 10, AND IT WILL INCLUDE ITEM 12, THE MINUTES AT THIS TIME.
UM, ARE THERE ANY COMMISSIONER QUESTIONS ABOUT ALL THE ITEMS ON THE CONSENT AGENDA? AND IF NOT, I'LL UH, HEAR A MOTION MOVE TO APPROVE THE CONSENT AGENDA.
SECOND, LET THE RECORD SHOW THAT COMMISSIONER BUSTAMANTE HAS LEFT THE MEETING FOR PURPOSES OF, OF RECUSAL.
UH, IT IS 2:06 PM WE HAVE A MOTION BY COMMISSIONER MILAM AND A SECOND BY COMMISSIONER ORIAN.
STAFF, WILL YOU TAKE A VOTE, PLEASE? COMMISSIONER MILAM? YES.
[Comprehensive Master Plan Amendments ]
ITEM EIGHT IS POSTPONED.WE WILL NOW HEAR ITEM NUMBER NINE.
I'D LIKE TO ADD TO THE RECORD, IT IS 2 0 7 AND COMMISSIONER BUSANTE HAS REJOINED THE MEETING.
WELL, GOOD AFTERNOON EVERYBODY.
ITEM NUMBER NINE IS A REQUEST FOR APPROVAL OF A RESOLUTION TO AMEND THE CAMP BULLIS EXTRATERRITORIAL JURISDICTION MILITARY PROTECTION AREA LAND USE PLAN FROM LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL LOCATED AT 88 60 CROSS MOUNT TRAIL.
THERE WERE 15 NOTICES MAILED SEVEN IN FAVOR, THREE OPPOSED WITHIN 200 FEET OUTSIDE THE 200 FEET 73 OPPOSED WITH ONE IN SUPPORT.
THE APPLICANT SEEKS A PLAN AMENDMENT TO COMMUNITY COMMERCIAL TO ALLOW FOR AN OUTDOOR EVENT.
THE PROPOSED COMMUNITY COMMERCIAL IS NOT COMPATIBLE WITH OTHER LAND USES IN THE AREA AND COMMUNITY COMMERCIAL IS INTENDED TO BE LOCATED IN PROXIMITY TO MAJOR INTERSECTIONS AND ALONG EXISTING COMMERCIAL CORRIDORS.
THE PROPERTY IS LOCATED ALONG CROSS MOUNT TRAIL, A LOCAL ROAD, AND IS ADJACENT TO AND WITHIN EXCLUSIVELY RESIDENTIAL AREAS.
WHILE THE EVENT VENUE ITSELF COULD BE COMPATIBLE WITH THE EXISTING NEIGHBORHOOD AS THE OTHER USES THAT ARE ALLOWED IN COMMUNITY COMMERCIAL, THAT WOULD BE DETRIMENTAL TO THE EXISTING CHARACTER OF THE NEIGHBORHOOD WITH NO WAY TO LIMIT THE SPECIFIC USE THROUGH ZONING.
STAFF RECOMMENDS TO NOW THE REQUEST JBSA DIDN'T HAVE ANY, UM, OBJECTIONS TO THE REQUEST AND SENT THEIR STANDARD NOTES.
UH, WE ARE RECOMMENDING DENIAL.
THIS ITEM WAS ORIGINALLY HEARD ON OC AUGUST 27TH, UM, WAS CONTINUED TO TODAY.
THE APPLICANT IS SEEKING ANOTHER CONTINUANCE TO OCTOBER 8TH TO ALLOW FOR MORE TIME TO TALK TO THE COMMUNITY AND THEY ARE HERE AS WELL.
[00:05:01]
THANK YOU, CLAYTON.UH, CAN WE HAVE THE APPLICANT'S PRESENTATION? HE TURNED IT OFF.
EMILY WEISLER WITH KILL AND GRIFFIN AND FERMAN.
UM, I WOULD LIKE TO RESERVE MY TIME.
I DON'T WANT TO GET INTO MY FULL PRESENTATION AT THIS TIME, BUT I'M HAPPY TO DO SO.
HAPPY TO ANSWER YOUR QUESTIONS.
AS CLAYTON STATED, WE ARE REQUESTING A TWO WEEK CONTINUANCE.
UM, IT HAS ALWAYS BEEN OUR GOAL, UM, AND WE HAVE DONE A LOT OF EFFORT ON OUTREACH TO THE COMMUNITY AND SPECIFICALLY TO THE CROSS MOUNTAIN RANCH, HOA BOARD.
UM, WE HAVE FINALLY GOTTEN SOME TRACTION.
UM, WE UNDERSTAND THAT THEY HAVE ALSO ENGAGED WITH THE KAUFMAN GROUP, UM, AND, AND SYDNEY'S HERE AS WELL.
UM, AND SO WE WOULD RESPECTFULLY REQUEST SOME ADDITIONAL TIME NOW THAT WE HAVE SOME TRACTION TO CONTINUE THOSE CONVERSATIONS, TO REALLY SIT DOWN TOGETHER, UM, AND ADDRESS THOSE CONCERNS THAT HAVE BEEN RAISED BY THE COMMUNITY.
UM, THAT HAS BEEN OUR GOAL THIS WHOLE TIME AND WE WOULD LIKE TO MAINTAIN THAT.
SO WE RESPECTFULLY REQUEST AN ADDITIONAL TWO WEEKS, UM, TO BRING THIS BACK ON OCTOBER 8TH.
OKAY, SO, UH, WE HAVE SEVERAL PEOPLE SIGNED UP TO SPEAK FOR ITEM NUMBER NINE.
I BELIEVE WE HAVE SEVEN SPEAKERS SIGNED UP TO SPEAK ON ITEM NUMBER NINE.
UM, GIVEN THAT THE APPLICANT IS, UH, REQUESTING A CONTINUANCE, UM, WE HAVE NOT YET CONSIDERED WHETHER TO GRANT THAT CONTINUANCE.
DO ANY OF THE PEOPLE SIGNED UP TO SPEAK FOR NUMBER NINE? WANT TO SPEAK NOW OR WOULD YOU RATHER WAIT AND SPEAK AT A FOR AT, AT THE OCTOBER 8TH MEETING NOW? SPEAK NOW.
ALRIGHT, THAT BEING THE CASE, I'LL FIRST CALL, UM, GEORGE RICHMOND TO SPEAK AND, UM, YOU'LL HAVE THREE MINUTES BEFORE MY THREE MINUTES.
SORRY, I, I, YOU KNOW, I HAVEN'T TALKED WITH.
JUST STATE YOUR NAME AND YOUR ADDRESS.
UH, I WAS UNAWARE OF THE CONTINUANCE ASPECTS.
I MAY NOT, MAY OR MAY NOT BE ABLE TO BE HERE NEXT TIME, SO I'LL AT LEAST LIKE TO GET THIS ON THE RECORD.
UH, MY NAME IS GEORGE RICHMOND.
I'VE LIVED IN CROSS MOUNTAIN, UH, FOR OVER 37 YEARS.
I WILL NOT REPEAT IN DETAIL MY LAST DISCUSSION WITH THIS GROUP AS IT'S ON RECORD FOR YOUR REVIEW.
UH, REGARDING NUMBER ONE, WATER WELL ISSUES THE DROUGHT THAT WE'RE IN DRYING UP OF WELLS IN OUR NEIGHBORHOOD AND FUTURE WATER CONSUMPTION FOR A BUSINESS IN OUR AREA.
NUMBER TWO, THEIR LOCATION IS ONE OF THE MOST DANGEROUS CURVES, UH, IN THE NEIGHBORHOOD WITH RECENT TWO WRECKS WITHIN A 0.1 TO 0.25 MILE, UH, OF THE ENTRANCE.
NUMBER THREE, THE CITY AND OR COUNTY IDENTIFYING CROSS MOUNTAIN TRAIL AS A NO THROUGH TRAFFIC ZONE DUE TO RISK AND ALREADY HIGH VOLUME.
I HAVE, I HAVE THE FOLLOWING COMMENTS AND QUESTIONS THAT I WOULD APPRECIATE A RESPONSE TO AFTER I'M FINISHED.
THE EVENT LOCATION, UH, IS CURRENTLY ACTIVELY DOING BUSINESS DESPITE RESTRICTIONS IN ZONING.
THIS HAPPENED ON OR ABOUT NINE 11.
IS THIS NOT ILLEGAL? ARE THEY BEING FINED? NUMBER TWO, THE WORKING WEBSITE FOR THE VENUE IN QUESTION AS OF YESTERDAY AND PREVIOUS CALLED VENUE 88 STATES, AN 11 ACRE OASIS NESTLED IN CROSS MOUNTAIN RANCH.
THEY'RE ADVERTISING 11 ACRES IN CROSS MOUNTAIN RANCH.
SO THAT WOULD VIOLATE THE HOA REGARDLESS OF POTENTIAL ADVERTISING ISSUE.
THEY'RE USING THEIR HOME FOR SOME SERVICES NOT FOUND, UH, ARE THEY USING THEIR HOME FOR SOME SERVICES NOT FOUND ON THE, UH, EIGHT ACRES SUCH AS SEWAGE AND WATER? WELL, CAN THEY LEGALLY SHARE SERVICES FROM A HOME IN THE HOA WITH THE EIGHT ACRES, UH, VENUE UNDER A DIFFERENT ZONING? A REPRESENTATIVE AT THE LAST MEETING, IF I UNDERSTOOD HER STATEMENT CORRECTLY, STATED THAT THE HOME WAS ON LOT EIGHT, UH, BASED ON TAX ROLL AND MY KNOWLEDGE OF THE AREA.
THE ADDRESS OF THE PROPERTY WITH THE HOME MENTIONED ABOVE IS 8 8 8 6 0 CROSS MOUNTAIN TRAIL.
THE TWO GATES TO ENTER THE 2.1 ACRE PROPERTY ARE ACTUALLY ON ADAMS CROSSING.
THE HOME IS LISTED ON CROSS MOUNTAIN RANCH MAP AS LOT ONE.
IT IS OWNED BY MARY BLANCA ZAAS.
THE PARTIES INVOLVED ARE USING THE SAME ADDRESS FOR THIS REZONING AS THE PROPERTY OWNED BY GENEVIEVE AND RAMON ZAAS.
IF THIS IS A LEGALLY SEPARATE PROPERTY, WHY IS THE ADDRESS THE SAME? WHAT IS SUPPOSEDLY PHYSICALLY SEPARATE? I UNDERSTAND IT MAY BE A MAILING ADDRESS ISSUE, BUT IF THERE IS A SPECIFIC, BUT IF IT IS A SPECIFIC DIFFERENT PROPERTY, WHY ARE WE FIGHTING REZONING FOR THIS SAME ADDRESS? I WOULD APPRECIATE ANSWERS TO THE LEGALITY OF ACTIVELY USING THE VENUE CURRENTLY.
AND CAN THEY SHARE SERVICES LIKE WATER AND SEPTIC FROM THE HOME IN CROSS MOUNTAIN WITH THE EIGHT EIGHT ACRE VENUE? UH, STAFF? UH, ARE WE ABLE TO ADDRESS ANY OF THOSE QUESTIONS? I, I CAN ADDRESS SOME.
WE'LL PROBABLY TAKE REST HERE.
CAN WE DO THAT OUTSIDE OF THE MEETING? UM, I, I WILL JUST SAY ON THE ADDRESS QUESTION, SO WE ADVERTISE A LEGAL DESCRIPTION OF THE PROPERTY MM-HMM
[00:10:01]
AREN'T ACTIVELY ASSIGNED, WE WILL USE A NEARBY ADDRESS SO THAT PEOPLE ARE AWARE OF THE GENERAL VICINITY.BUT THE LEGAL DESCRIPTION IS WHAT IS LEGALLY TIED TO THE REQUEST FOR, FOR THE PLAN AMENDMENT IN THIS CASE.
AND THEN WE CAN GET WITH YOU ON YOUR OTHER QUESTIONS.
THE NEXT ATTENDANT ATTENDEE SIGNED UP TO SPEAK IS SID WOLF.
I'LL REMOVE MY TIME COMMISSIONER.
NEXT WE HAVE, UH, RAPHAEL GOYO.
I LIVE IN 92 19 PAC TRAIN PASS IN CROSS MOUNTAIN TRAIL, OR CROSS MOUNTAIN RANCH.
BEEN THERE FOR ABOUT 25 YEARS.
UM, AND I OPPOSED THE, UH, THE REZONING REQUEST.
THIS PROPERTY HAS BEEN USED SOMEWHAT RECENTLY AS AN EVENT VENUE IN NON-COMPLIANCE WITH COSA AND BEAR COUNTY REQUIREMENTS.
THE EXISTENCE OF THIS VENUE IN OUR NEIGHBORHOOD IS CONCERNING FOR MANY REASONS.
FIRST OF ALL, IF YOU HAVEN'T DRIVEN THE AREA, I WOULD HIGHLY RECOMMEND IT.
YOU TAKE A SHORT DRIVE OUTSIDE SAN ANTONIO AND GO CHECK IT OUT.
YOU'RE GONNA FIND A GEM OF A NEIGHBORHOOD.
IT'S IN THE MIDST OF A QUICKLY GROWING SAN ANTONIO BURNING CORRIDOR.
WE LIVE ON LARGE LOTS WITH MODESTLY SIZED HOMES.
WE'RE SURROUNDED BY DENSE LIVE OAK AND ASH JUNIPER.
IT'S ON THE VERY EDGE OF THE TEXAS HILL COUNTRY AND IT'S STUNNING.
THE MAIN ARTERY THROUGH THIS NEIGHBORHOOD IS CROSS MOUNTAIN TRAIL.
IT MEANDERS FOR ABOUT TWO MILES.
YOU'LL SEE DEER, HOGS, ALL KINDS OF WILDLIFE.
UM, YOU'LL ALSO SEE MAILBOXES DESTROYED FROM CARS THAT SPEED THROUGH THE NEIGHBORHOOD.
UM, IN FACT, JUST RECENTLY A SEMI LOSTS CONTROL AND DAMAGED PROPERTY ON THIS TRAIL TO MINIMIZE THE TRAFFIC ON THIS TRAIL.
THE COUNTY HAS RECENTLY MADE SOME CHANGES.
LESS THAN A HANDFUL OF YEARS AGO.
THEY INSTALLED RADAR CONTROLLED, UM, SPEED LIMIT DEVICES ON THE, UH, ON THE ROAD.
UM, THERE ARE TWO PRETTY NEW STOP SIGNS TO SLOW DOWN TRAFFIC ON CROSS MOUNTAIN TRAIL.
AND NOT TOO LONG AGO THE COUNTY POSTED NO THROUGH TRUCKS ON THE, UH, STREET AT BOTH ENTRANCES DUE TO THE AMOUNT OF TRUCK TRAFFIC AND ALL THE CONSTRUCTION GOING ON THAT WAS RECENTLY CHANGED TO NO THROUGH TRAFFIC.
SO THERE'S OBVIOUSLY A PROBLEM THAT BEAR COUNTY IS NOTICING AND THEY'RE TRYING TO LIMIT TRAFFIC HERE.
WILL REZONING 88 60 CROSS MOUNTAIN TRAIL IMPACT TRAFFIC EVEN MORE? YOU KNOW, TO BE HONEST, THE VENUE DOESN'T WORRY ME AS MUCH AS THE POTENTIAL IMPACT OF A NEW TENANT OR OWNER OF THE PROPERTY.
UM, IN FACT, UH, CLAYTON WALLACE SAID THAT DUE TO THE, UH, REZONING, IT COULD BE USED FOR MUCH HIGHER IMPACT.
USES LIKE A LUBE AND TIRE SHOP IN THE MIDDLE OF MY NEIGHBORHOOD, A LIQUOR STORE, LARGE SCALE RETAIL, A RESTAURANT, A GAS STATION, EVEN A SELF STORAGE FACILITY.
ASIDE FROM THE TRAFFIC IMPACT, UH, THIS BUSINESS TYPE WOULD CAUSE SEVERE VISUAL BLIGHT AND NOISE POLLUTION IN THIS BEAUTIFUL OASIS OF BEAR COUNTY.
IF YOU WANNA TALK ABOUT AN OASIS, IT'S THE NEIGHBORHOOD, BUT PROBABLY MORE EGREGIOUS THAN THE TRAFFIC IS THE DIRECT IMPACT ON THE CROSS MOUNTAIN AND SPRINGS NEIGHBORHOOD THAT ARE ADJACENT AND ABUT THE NEIGHBORHOOD.
AS, UH, GEORGIA SAID EARLIER, UM, I AM CONCERNED THAT A REZONING SIGN HAS NOT BEEN PLACED IN FRONT OF THE PROPERTY TO NOTIFY THE PEOPLE THAT LIVE THERE.
UM, BUT, UH, RECENTLY I POSTED THIS INFORMATION ON NEXTDOOR.
IT'S GOTTEN WELL OVER A THOUSAND VIEWS.
SO THERE ARE PEOPLE THAT ARE VERY INTERESTED IN WHAT'S GOING ON HERE.
WITH THE EXPLOSION OF NEW RESIDENTIAL COMMUNITIES AND BUSINESSES POPPING UP IN THE AREA, WE ARE ASKING YOU TO PROTECT THIS AMAZING HILL COUNTRY NEIGHBORHOOD WITH VIGOR IN ORDER TO PRESERVE ITS BEAUTY.
UH, THE NEXT PERSON WHO SIGNED UP TO SPEAK ON ITEM NINE IS ALAN HIBBARD.
UM, I'D LIKE TO DELAY UNTIL NEXT.
WE HAVE MARY MASSEY AND I'D LIKE TO DELAY IT.
NEXT IS, UH, I BELIEVE IT'S NATALIE MATHER.
I RESIDE AT, UM, 2 3 2 2 5 EAGLE GAP IN
[00:15:01]
CROSS MOUNTAIN RANCH.I APPRECIATE THE PREVIOUS, UM, COMMENTS WHICH I HAD IN MY NOTES AS WELL IN TERMS OF SAFETY IN OUR NEIGHBORHOOD, THE BEAUTIFUL PRISTINE LANDSCAPING.
SO I WON'T, UM, I WON'T TAKE UP MY TIME ELABORATING ON THOSE.
HOWEVER, IN TERMS OF THE SAFETY, I DON'T KNOW THAT ANYONE KNOWS THAT THERE WERE, THERE ARE TWO SCHOOL CROSSING SIGNS THAT ARE, UM, POSTED ON BOTH SIDES.
UM, BOTH DIRECTIONS OF CROSS MOUNTAIN TRAIL FIND THAT CURIOUS THAT A BUSINESS SUCH AS THIS COULD OPERATE WITH POSSIBLE CHILDREN CROSSING.
NOT TO MENTION WE TALKED ABOUT THE ANIMALS.
WE HAVE ANIMAL CROSSING SIGNS.
WE HAVE NO LIGHTING ON OUR ROADS.
WE HAVE DEER CROSSING, HOGS CROSSING ANIMALS, UM, AT NIGHT AND WITHOUT ANY LIGHTING.
UM, WE TALKED ABOUT THE WELL ISSUES, JUST A PERSONAL EXPERIENCE WITH THE WELLS, UM, BECAUSE OF THE DROUGHT.
MY WELL COMPANY THAT SERVICES MY WELL SAID THAT IF MY WELL DRIES UP, IT WILL BE $75,000.
SO THERE HAS BEEN A HUGE ISSUE IN OUR NEIGHBORHOOD ABOUT CONSERVING WATER.
I REALLY DON'T UNDERSTAND HOW ANY TYPE OF COMMERCIAL BUSINESS COULD ASSIST WHEN WE'RE ALL USING THE SAME AQUIFER.
WE DON'T HAVE ACCESS TO SAWS, WE DO NOT HAVE CITY WATER.
SPEAKING OF WHICH, OUR PROPERTIES, THIS LOVELY GENTLEMAN SPOKE ABOUT AN OASIS.
I'VE HAD PEOPLE COME TO MY HOUSE AND SAY, MY MOM, MY FAMILY, THEY LIVE IN COLORADO.
THIS REMINDS ME OF COLORADO, THE HILLS, THE TREES, THE ANIMALS, THE NATURE, WHICH IS ONE OF THE REASONS THAT WE ALL LIVE THERE.
SO WE ALL WORKED HARD TO BUY HOMES AND PROPERTIES THERE.
AND ANOTHER CONCERN IS ABOUT THE DEVALUATION OF OUR PROPERTIES.
IF WE HAVE SOME TYPE OF COMMERCIAL ZONING, WHAT IS THAT GONNA DO TO THE, UM, VALUE OF OUR PROPERTIES? NOT TO MENTION IF THIS GETS APPROVED, WHERE DOES IT STOP? I HAVE FIVE GARAGES.
I COULD, CAN I NOT COME BACK HERE AND SAY, I WANNA SET UP A JIFFY LOOP OR I WANNA SET UP SOME KIND OF A, UM, SOME KIND OF A CAR REPAIR SHOP.
AND IF THIS IS APPROVED, HOW ARE YOU GONNA TELL ME? NO, I DON'T UNDERSTAND.
THERE ARE NO OTHER BUSINESSES IN CROSS MOUNTAIN RANCH THAT OPERATE TO THIS TYPE OF EXTENT.
NATIONAL ADVERTISING, THE NOT FOR WEDDINGS IS NOT JUST WEDDINGS, IT'S CORPORATE EVENTS.
YOU'VE GOT HUNDREDS NOW, MAYBE THOUSANDS OF PEOPLE THAT ARE COMING THROUGH OUR TRAIPSING THROUGH OUR NEIGHBORHOOD.
WE HAVE SIGNED UP, SIGNED UP TO SPEAK.
I LIVE IN TWO TO 6, 2, 6 RANGE IN, UH, CROSS MOUNTAIN RANCH.
UH, I AN IMMIGRANT, THEY CALL IT, I WOULDN'T SAY DOCTOR NOT DOING TOO BAD, BUT, UH, WE CHOSE, UH, CROSS MOUNTAIN RIGHTS BECAUSE OF THE KIDS HAVING SPOKEN BEFORE.
A JAM PLACE WHERE BEAUTIFUL HOMES, UH, HUGE LOTS, WHICH REALLY ARE SO BIG.
YOU COULD PUT ANY KIND OF BUSINESS THAT YOU WANT TO PUT, BUT IT WOULD DESTROY THE PROPERTY BECAUSE THE, WHAT WE LIKE IS PRECISELY THE OPPOSITE.
WE LIKE A, A LACK OF TRAFFIC, LACK OF NOISE, UH, NIGHT LIGHTS THAT YOU CAN SEE THE STARS, THINGS LIKE THAT.
I, I PUT A LOT OF MONEY IN MY NEW HOME THINKING IT WILL INCREASE IN VALUE AND IT HAS INCREASING VALUE QUITE A BIT BECAUSE OF THE LOCATION.
WITH SOMETHING LIKE THAT, IT WOULD DESTROY NOT ONLY MY PROPERTY, ALMOST ANY SINGLE MOUNTAIN, RIGHT? SO WHY DO YOU WANT TO HAVE SOMETHING UNIQUE, WHICH IS DIFFICULT TO FIND? WHY? I UNDERSTAND PEOPLE WANT TO MAKE MONEY AND THE PEOPLE HAVE THE, THE PROPERTY TO DO THAT, BUT UH, THEY COULD CONSIDER THAT THERE ARE OTHER AREAS OUTSIDE.
COURSE MOUNTAIN HAS TO DO THAT.
WHY TO DO SOMETHING WHICH IS GOING TO DESTROY A BUNCH OF HOMES AND THE HOPES AND THE, THE PEOPLE IMPROVING WHAT THEY HAVE AND ENJOY WHAT WE ALREADY HAVE.
IT'S A BIT OF A, NOT VERY SCIENTIFIC, BUT A BIT OF A COMING FROM THE HEART.
[00:20:03]
ALRIGHT, THAT IS THE LAST, UM, ATTENDEE THAT WE HAD SIGNED UP TO SPEAK ON ITEM NUMBER NINE.UH, BEFORE WE BEGIN COMMISSIONER QUESTIONS, I WANNA OFFER THE APPLICANT THE OPPORTUNITY TO RESPOND TO THAT IF, UH, IF YOU WOULD LIKE.
UM, AND I REALLY DO APPRECIATE EVERYONE COMING OUT.
UM, AND UM, WE TRIED TO GET THE WORD OUT TO EVERYONE THAT WE COULD THAT WE HAD ALREADY REQUESTED, UM, PUT IN THE REQUEST TO DELAY TODAY.
UM, AND RESPECTFULLY, UM, REALLY JUST LOOKING FORWARD TO THE OPPORTUNITY, HOPEFULLY FINALLY, UM, TO HAVE THOSE REAL CONVERSATIONS.
WE HAVE BEEN TRYING FOR WEEKS, UM, MONTHS, UM, AND UM, DONE A LOT OF WORK OVER THE LAST MONTH SINCE THE LAST CONTINUANCE, UM, TO TRY AND GET SOME SORT OF RESPONSE AND SOME SORT OF COMMUNICATION GOING.
AND I THINK THAT WE'VE FINALLY BROKEN THROUGH ON THAT.
AND SO, UM, REALLY DO APPRECIATE EVERYONE COMING OUT TODAY.
WE REALLY LOOK FORWARD TO THE OPPORTUNITY TO ADDRESS ALL OF THOSE CONCERNS.
UM, WE HAVE SOME REALLY GOOD IDEAS AND, AND GRATEFUL THAT UM, I THINK THAT THEY'RE GOING TO BE WORKING WITH A KAUFMAN GROUP ON THIS.
I THINK THAT WILL BE REALLY HELPFUL.
UM, BUT RESPECTFULLY DO REQUEST THE CONTINUANCE TODAY SO WE CAN REALLY HAVE THOSE CONVERSATIONS, UM, THAT WE HAVE BEEN SO DESPERATELY TRYING TO HAVE FOR A LONG TIME.
I'LL BEGIN WITH COMMISSIONER QUESTIONS TO MY LEFT.
COMMISSIONER ANTE? YEAH, BRIEFLY JUST, I'M SORRY, I'M USED TO HAVING ONE THAT I CAN JUST HIT THE BUTTON.
STAFF AGAIN, THIS IS ETJ, CORRECT.
WHICH MEANS THAT ZONING DOES NOT HEAR THIS, CORRECT? CORRECT.
WHICH MEANS THAT WE CAN'T LIMIT THROUGH ZONING THE USES THAT ARE AT PLAY HERE.
IT IS SIMPLY A LAND USE REQUEST.
SO ANY OF THE USES ALLOWED BY A COMMUNITY COMMERCIAL WOULD BE ALLOWED BY WRIGHT ESSENTIALLY.
AND ALTHOUGH IT IS BEYOND OUR PURVIEW, THE INDIVIDUALS FOR THE APPLICANT AND THE INDIVIDUALS FOR THE HOMEOWNERS ASSOCIATION CAN REACH BASICALLY SIDE AGREEMENTS, RESTRICTIVE COVENANTS TO ADDRESS CONCERNS REGARDING USE.
JUST TO ADD, SORRY, THEY THEY CERTAINLY CAN, BUT THE CITY WOULD NOT BE A PARTY TO THE ENFORCEMENT OF THOSE PRIVATE RESTRICTIONS.
I HAVE, I HAVE A QUESTION, AND THIS IS WHAT I'M EXPECTING TO HEAR AT THE NEXT, WHEN THIS GETS CONTINUED IS THAT, UH, WHEN I SAW THIS, UH, ORIGINALLY CONVEYED BY THE DECLARANT, 'CAUSE I DID SOME RESEARCH ON THIS, UH, DUE TO JUST ALL THE PEOPLE WHO WERE, SEEMED TO BE, WHO WERE CONCERNED ABOUT IT.
SO IN 1988 WHEN THIS DEED WAS CONVEYED, THEY WANTED, THEY PUT A RESTRICTED COVENANT FOR THEM TO COMPLY WITH THE CROSS MOUNTAIN, UH, D CCRS.
AND UH, AND THEN IT WAS REMOVED IN 2013, WHICH I THOUGHT WAS VERY STRANGE 25 YEARS LATER.
AND WHAT I LIKE TO KNOW IS ONE, UH, YOU KNOW, WHEN HE WAS A DECLARANT, WHEN, WHEN IT WAS ORIGINALLY CONVEYED, UH, BY ADAMS, UH, HE WAS SPEAKING ON BEHALF OF THE DEVELOPER, BUT IN 2013 HAD HE, HAD HE ALREADY TURNED IT OVER TO THE, TO THE NEIGHBORHOOD AND THEREFORE WOULDN'T THE, THE OWNERSHIP OF THOSE RESTRICTIONS LIE WITH THE NEIGHBORHOOD AND NOT THE DECLARANT ANYMORE.
SO I'D LIKE TO KNOW, IS THIS OR IS THIS NOT SUBJECT TO THE CROSS MOUNTAIN UNIT ONE, UH, RESTRICTIVE COVENANTS? UH, THAT'S WHAT I'M LOOKING TO HEAR SOME FROM SOMEBODY, UH, FROM WHOMEVER, UM, NOW OR WHEN THIS GETS CONTINUED.
'CAUSE I THINK THAT I'VE NEVER SEEN THAT BEFORE.
OH, PLEASE, PLEASE COME FORWARD
UM, IF WE CAN ALSO BE, UM, CONTINUED TO THE EIGHTH 'CAUSE WE DO NEED SOME MORE TIME TO ADDRESS, UM, SOME OTHER ITEMS. BUT, UM, TO MY UNDERSTANDING, SO WHEN THIS PROPERTY, LOT EIGHT, LOT EIGHT WAS ORIGINALLY PLOTTED, UM, IT WAS PART OF A, A PLOT AND A REPL.
UM, SO RELOTTING, SOME AREAS WERE RE PLOTTED INTO UNIT ONE A.
THIS WAS NEVER PLATTED LOT EIGHT WAS THEN AT THAT TIME ON THAT SAME PLAT, ORIGINALLY PLATTED PRIOR TO THAT IT WAS NEVER PLATTED.
IT WAS NEVER PLATTED AS PART OF CROSS MOUNTAIN RANCH.
UM, OUR UNDERSTANDING, MY UNDERSTANDING IS THAT THAT ORIGINAL REFERENCE TO INCLUSION WAS A MISTAKE AND THAT'S WHY IT WAS SINCE RETRACTED.
UM, IT WAS NEVER PLOTTED AS PART OF CROSS MOUNTAIN RANCH.
IT WAS NEVER PLOTTED AS UNITS ONE THROUGH FOUR.
IT IS NOT SUBJECT TO THOSE RESTRICTIONS.
UM, AND SO IT IS, IT IS NOT SUBJECT TO THOSE AND THAT'S WHY THAT WAS CORRECTED LATER ON.
AND MY, I CAN'T SPEAK TO THE TIMEFRAME FOR CORRECTION, BUT
[00:25:01]
THAT IS, THAT IS WHY IT WAS NEVER PART OF IT BECAUSE WHAT THIS LOT SPECIFICALLY LOT EIGHT, BECAUSE WHAT I, FROM WHAT I UNDERSTOOD AND WHAT I, HOW I READ IT IS THAT WHEN, WHEN THIS, WHEN THE DECLARANT UH, DEEDED THIS OVER AS ACREAGE AND NOT AS A PLATTED LOT, HE PUT IN THE DEED, BY THE WAY, YOU ARE GOING TO COMPLY WITH THE UNIT ONE RESTRICTIONS.IT'S THIS LITTLE POCKET THAT LIES IN THE NEIGHBORHOOD.
AND I THOUGHT THAT IT SEEMED LIKE THAT WAS HIS INTENT.
UH, AND THEN 25 YEARS LATER WHEN THEY, WHEN HE TOOK IT OUT, MY CONCERN IS WHETHER IT WAS AN ERROR OR NOT, THE MOMENT IT WAS CONVEYED IN 1988, HIM BEING THE DECLARANT, I'M TALKING ABOUT ADAMS DID THAT WHEN HE, WHEN DID HE STOP BEING THE DEVELOPER? BECAUSE IF HE TURNED THIS OVER TO THE NEIGHBORHOOD, AREN'T THEY THE BENEFICIARY OF THAT RESTRICTION? AND DID HE HAVE THE ABILITY TO REMOVE IT IN 2013? THAT, YOU KNOW, THAT'S WHAT I'M TRYING TO FIND OUT.
UM, AND, AND WE CAN HAPPILY GET YOU ALL OF THAT INFORMATION, UM, AHEAD OF THE MEETING ON THE EIGHTH.
I CAN, I CAN WALK YOU THROUGH THAT.
UM, WITH, WITH ALL THE DOCUMENTATION.
PUBLIC COMMENT PERIOD FOR THIS ITEM IS OVER.
THE APPLICANT CAN SPEAK BEYOND THE THREE MINUTE PUBLIC COMMENT.
NOW, COMMISSIONER ELECT, NO QUESTIONS AT THIS TIME.
COMMISSIONER MILAM, NO QUESTIONS, BUT A COMMENT LIKE COMMISSIONER BUSTAMENTE SAID, THIS IS AN ODD ONE BECAUSE IT FEELS LIKE IT REALLY IS OUT OF OUR PURVIEW.
UM, RITA IS NONE OF OUR BUSINESS.
UM, AND IT'S, IT'S DIFFICULT 'CAUSE I UNDERSTAND, YOU KNOW, I UNDERSTAND WANTING TO KEEP YOUR HOME AS BEAUTIFUL AND AS FABULOUS AS IT WAS.
AND I ALSO UNDERSTAND WANTING TO PURSUE THAT AMERICAN DREAM TO BE ABLE TO CREATE SOMETHING NEW AND DIFFERENT.
SO I JUST WANNA SAY IT'S A REALLY DIFFICULT SITUATION FOR US TO FACE BEING THAT ALL OF THOSE THINGS ARE TRUE, THAT IT'S REALLY NOT PARTICULARLY IN OUR PURVIEW.
SO I WILL SUPPORT A CONTINUANCE AND HOPE THAT YOU CAN WORK IT OUT.
UM, AND, UM, HAVING HEARD ALL OF THOSE COMMISSIONER QUESTIONS, IF THERE ARE NO OTHER, UH, POINTS OF DISCUSSION, THEN I'LL ACCEPT A MOTION I MOVE TO CONTINUE THIS ITEM TO OCTOBER 8TH.
SECOND, I HAVE A MOTION FOR CONTINUANCE TO OCTOBER 8TH BY COMMISSIONER BUSTAMANTE AND A SECOND BY COMMISSIONER MILAM STAFF.
WILL YOU CALL THE VOTE PLEASE? COMMISSIONER BUS? AYE.
MOTION PASSES FOR CONTINUANCE.
THANK YOU EVERYONE FOR COMING OUT TODAY.
I WANNA SAY TO THE ENTIRE CROWD HERE, IT'S REALLY IMPRESSIVE THAT ALL OF YOU GAVE YOUR TIME.
HAVE GIVEN YOUR TIME TO COME AND SPEAK ABOUT SOMETHING THAT, UM, IS OF INTEREST TO YOU AND THAT YOU FEEL PASSIONATELY ABOUT.
AND, UM, AND, AND WE'VE HEARD YOU, UM, THAT THOSE ARE THE OF YOU THAT HAVE SPOKEN SO FAR.
SO THANK YOU FOR COMING OUT TODAY.
UH, THE LAST ITEM ON THE AGENDA WILL NECESSARILY END THE MEETING BECAUSE WE WILL LOSE QUORUM AS SOON AS I CALL THAT ITEM.
SO I ESPECIALLY WANT TO ENCOURAGE THOSE WHO CAME TO SPEAK ON ITEM NUMBER 10 TO PLEASE RETURN TO THE NEXT MEETING ON OCTOBER 8TH IF POSSIBLE, SO THAT, UM, SO THAT YOUR VOICES CAN BE HEARD AT THAT TIME.
STEPH, IS THERE ANY WAY THAT WE CAN HEAR ANY OF THESE PEOPLE WITHOUT CALLING THE ITEM TO MOTION? WE WOULD HAVE TO HAVE A QUORUM TO ENTERTAIN PUBLIC COMMENT.
SO WE ARE UNABLE TO HEAR YOUR VOICES TODAY IN FRONT OF THIS BODY AND THAT IS REGRETTABLE.
AND SO THANK YOU FOR COMING OUT TODAY.
I VERY MUCH APPRECIATE IT AND I HOPE TO SEE YOU AGAIN NEXT WEEK.
IF I HAVE A QUESTION THAT DOESN'T HAVE TO BE ON RECORD, WELL YOU CAN SPEAK TO STAFF ABOUT IT.
YEAH, WELL, STAFF WILL STICK AROUND TO ANSWER QUESTIONS IF, IF WE CAN JUST GET THE RECUSAL, UH, READ IN FOR THE ITEM.
DO YOU WANT ME TO CALL ITEM 10 AND THEN RECUSE.
ALRIGHT, UH, ITEM 10 IS THE NEXT ITEM ON THE AGENDA.
THERE IS A RECUSAL BY, UH, COMMISSIONER SIEGEL.
SHE IS NOW GOING TO LEAVE THE HEARING ROOM AND I WOULD, UH, READ IN THAT, UH, THE TIME IS 2 33 AND THE MEETING IS HEREBY CONCLUDED FOR LOSS OF A QUORUM.