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[00:00:03]

IT'S 6:00 AND I'LL CALL TO ORDER THE REGULARLY SCHEDULED MEETING OF THE BEDFORD PLANNING AND ZONING COMMISSION FOR TODAY, THURSDAY, APRIL

[CALL TO ORDER & ROLL CALL]

27TH. WE'RE GOING TO GO THROUGH A ROLL CALL VOTE, PLEASE.

CALL].

WE HAVE A FULL COMMISSION AND BOTH OF OUR ALTERNATES ARE HERE THIS EVENING.

SO WELCOME, EVERYONE, AND WELCOME VISITORS.

UH, COMMISSIONER OTTO WILL LEAD US IN THE INVOCATION.

COMMISSIONER HENDERSON IN THE PLEDGE.

ALL RISE. ALMIGHTY GOD, OUR HEAVENLY FATHER, SEND DOWN UPON THESE PLANNING AND ZONING COMMISSIONERS AND OUR CITY OF BEDFORD THE SPIRIT OF WISDOM, CHARITY AND JUSTICE THAT WITH A STEADFAST PURPOSE, THEY MAY FAITHFULLY SERVE IN THEIR OFFICE TO PROMOTE THE WELL-BEING OF BEDFORD RESIDENTS.

THROUGH JESUS CHRIST, OUR LORD.

AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

[APPROVAL OF MINUTES]

OUR FIRST ITEM OF BUSINESS IS TO CONSIDER AND APPROVE THE MINUTES FROM OUR MEETING BACK ON MARCH 23RD.

HAS ANYONE NOTICED ANY ERRORS OR REVISIONS NECESSARY IN JOSE'S EXCELLENT MINUTES? IF NOT, I'LL ENTERTAIN A MOTION.

I MOVE THAT WE APPROVE THE MINUTES FROM OUR LAST MEETING.

IT'D BE MARCH 23RD.

MARCH 23RD. ALL RIGHT.

SECOND. SECOND.

ALL RIGHT. ALL THOSE IN FAVOR, RAISE YOUR HAND.

OKAY. MINUTES FROM OUR MEETING OF MARCH 23RD HAVE BEEN APPROVED.

SO OUR NEXT ITEM IS CONSIDER ACTION ON FINAL PLAT FOR THE NICOLE COURT EDITION.

[2. Consider action on a final plat of Lots 1-12, Block 1 Nicole Court Addition consisting of 12 lots with one lot being a private drainage & utility easement being 2.46 acres out of the A.J. Woodson Survey being a replat of Lots 42 and 43 J.R. Murphy Addition within the City of Bedford, Tarrant County, Texas. The property is generally located approximately 880 feet north of Bedford Road and west of Murphy Drive, commonly known as 2505 Murphy Drive. (PLAT-23-1)]

THIS WILL BE THE FINAL PLAT WITH ONE LOT BEING A PRIVATE DRAINAGE AND UTILITY EASEMENT AND THE AJ WOODSON.

AND THIS IS CASE PLAT 23-1.

JOSE? THANK YOU, MR. CHAIRMAN AND GOOD EVENING, COMMISSIONERS.

SO YES, THIS IS INDEED A FINAL PLAT HERE WHICH MOST OF YOU ARE FAMILIAR WITH.

NOT TOO LONG AGO THEY WENT TO THE PRELIMINARY PLAT PROCESS.

THIS IS THIS PLAT CONSISTS OF 12 LOTS, ONE OF THOSE LOTS BEING A PRIVATE DRAINAGE AND UTILITY EASEMENT.

THIS PROPERTY IS LOCATED.

THE PROJECT SITE IS LOCATED JUST NORTH OF BEDFORD ROAD, ABOUT 800FT AND JUST WEST OF MURPHY DRIVE.

AS YOU NOTICE HERE ON THIS PROPERTY.

THIS PROJECT CURRENTLY CONSISTS OF TWO RESIDENTIAL LOTS.

EACH OF THOSE LOTS CONSIST OF RESIDENTIAL HOMES ALONG WITH ACCESSORY STRUCTURES ON THERE.

AND BACK IN AUGUST OF 2022, THE SUBJECT SITE WAS REZONED TO A SINGLE FAMILY RESIDENTIAL AND WAS APPROVED THROUGH ORDINANCE NUMBER 2022-3359. THE FUTURE DEVELOPMENT, AS WE DESCRIBED RECENTLY WITH THE PRELIMINARY PLAT, CONSISTS OF A DEDICATION OF 50 FOOT WIDE RIGHT OF WAY THAT WILL CONNECT TO EXISTING MURPHY DRIVE.

IT WILL ALSO HAVE A FIVE FOOT WIDE SIDEWALK ESTABLISHED ALONG MURPHY AND ALONG THE NEW WATER RIGHT OF WAY.

AND THIS WILL INCLUDE THE EIGHT INCH WATER AND SANITARY SEWER LINE AS WELL PROPOSED WITHIN THAT NEW 50 FOOT RIGHT OF WAY HERE.

AS INDICATED HERE DURING THE LAST MEETING BACK ON MARCH 9TH, 2023, THE THE PRELIMINARY PLAT WENT THROUGH YOU GUYS FOR A PUBLIC HEARING PROCESS.

AND THEN THERE WAS TWO CONDITIONS THAT WERE PLACED ON HERE, ONE OF THEM BEING A DRAINAGE EASEMENT BETWEEN THE NORTHWEST CORNER OF THIS PROPERTY AND WHERE THE CURRENT DRAINAGE STRUCTURE EXISTS AND THAT IT WILL NOT IMPEDE FOR THE WATER GOING TO THIS DRAINAGE STRUCTURE.

AND THE SECOND ONE BEING THE DRAINAGE EASEMENT WILL NOT BE MAINTAINED BY THE CITY OF BEDFORD.

THE APPLICANT DID PROVIDE THE DOCUMENTS AND THE DRAINAGE EASEMENTS AND ALSO FOR CONDITION NUMBER TWO.

LOT NUMBER SIX THERE WAS IDENTIFIED AS THE COMMON SPACE.

[00:05:08]

SO BASED ON THE REVIEW, THE FINAL PLAT IS IN SUBSTANTIAL COMPLIANCE WITH ALL THE CITY'S REGULATIONS, ZONING ORDINANCES AND ALSO WITH STATE LAW.

SO THE PLAT MEETS ALL THE PROVISIONS AND IT IS THE STAFF RECOMMENDS APPROVAL OF THIS PLAT.

UM, I'M HERE TO ANSWER ANY QUESTIONS.

ALSO, THE APPLICANT IS HERE, REPRESENTATIVE IS HERE AS WELL TO ANSWER ANY QUESTIONS REGARDING THIS FINAL PLAN.

JOSE, BEFORE WE GO INTO OTHER COMMISSIONERS QUESTIONS, COULD YOU EDUCATE US ON THE SIGNIFICANCE OF CALLING LOT SIX THE COMMON SPACE AND DESIGNATED IT AS PRIVATE DRAINAGE AND UTILITY EASEMENT? THAT'S WORDING THAT WE DON'T SEE TYPICALLY.

SO HOW IS THIS SIGNIFICANT? I WOULD LIKE TO DIRECT THAT QUESTION AS WELL FOR THE APPLICANT.

THE APPLICANT CAN ANSWER THAT AS FAR AS WHAT THEY MEAN BY COMMON SPACE AS WELL.

YEAH. HELLO.

KEITH HAMILTON 8241 MID-CITIES BOULEVARD.

I'M THE CONSULTING ENGINEER.

AND KEITH. THANK YOU THAT LOT'S, THERE'S A DETENTION POND ON THAT LOT.

SO THAT'S WHY.

WELL WE DON'T I MEAN, WE DON'T TYPICALLY SEE IT LABELED IN THIS PARTICULAR MANNER.

SO I WANTED TO BE CLEAR AS TO BECAUSE THIS HAS CHANGED FROM THE PRELIMINARIES HOW WE'RE CALLING THAT LOT, ALTHOUGH WE KNEW IT WAS THE DETENTION AREA.

SO I JUST WANTED TO THROW THAT DEFINITION OUT THERE SO WE WERE CLEAR.

THAT'S WHAT IT IS. OKAY.

WELL, WHILE WE HAVE COMMISSIONERS, ANY QUESTION FOR THE DEVELOPER? MR. CHAIRMAN, I'D LIKE TO ASK THE APPLICANT AND THE ENGINEER A QUESTION.

I WAS THINKING IN OUR LAST MEETING I REALIZED THIS IS A DETENTION POND AND BASICALLY IT'S GOING TO FLOW OUT SOMEPLACE.

AND I WAS THINKING THAT THE APPLICANT WAS GOING TO CONNECT THAT TO A CITY FACILITY A LITTLE FARTHER DOWN.

IT WASN'T JUST GOING TO DRAIN OUT ONTO THE ADJACENT LOT IF I'M INCORRECT, AND THAT I SEE WES KIND OF GIVING ME THE EYE, MAYBE YOU CAN EXPLAIN MORE.

AT LEAST THAT'S WHAT I LEFT.

BUT IT'S BEEN A FEW MEETINGS BACK.

OKAY. I MISSED THE LAST MEETING, BUT I MEAN, I'VE BEEN INVOLVED WITH THIS PROJECT FOR OVER A YEAR, AND WHEN WE GOT ZONING BACK IN AUGUST, BEFORE WE STARTED FINAL CONSTRUCTION PLANS AND REALLY GOT DOWN THE ROAD, I KNEW WE NEEDED TO FIGURE OUT THE DRAINAGE BECAUSE DRAINAGE IS ALWAYS THE BIG THING.

YOU KNOW, IT'S AN INFILL LOT AND IT'S ALWAYS A REAL SENSITIVE THING.

SO THAT'S WHAT WE PROCEEDED TO DO.

SO I CONTACTED CHERYL AT THE CITY AND SHE CONTACTED Y'ALL'S CONSULTING REVIEW ENGINEER, HALF AND ASSOCIATES, AND I'VE GOT DOCUMENTS FROM THEM.

WE WENT BACK AND FORTH FOR ABOUT SIX WEEKS BECAUSE THAT'S WHAT WE WANTED TO DO.

WE WANTED TO TAKE THAT WATER, REALLY.

WE DIDN'T WANT TO GIVE UP THE LOT AND MAKE IT A POND.

WE WANTED THAT TO BE A BUILDABLE LOT AND PIPE THE WATER TO THAT CHANNEL.

WELL, HALF GAVE US INSTRUCTIONS ON WHAT WE NEEDED TO DO.

WE NEEDED TO DO A STUDY.

SO WE DID A BIG MAP FOR THE OVERALL AREA TO SHOW THE DRAINAGE AREA, ALL THE OLD PLANS FROM THAT NEIGHBORHOOD AND FROM MURPHY ROAD.

I MEAN, THOSE THINGS ARE 40 YEARS OLD.

THERE'S NOT A LOT OF DATA ON THEM.

SO WE KIND OF HAD TO RECREATE IT.

AND WHAT WE CAME UP WITH WAS, YOU KNOW, THERE'S A LOT OF WATER GOING TO THAT PAVED CHANNEL.

AND CHERYL BECAME REAL HESITANT ABOUT THAT'S A LOT OF WATER.

AND WE ENDED UP GOING SENDING THE SURVEYOR OUT TO SHOOT THE CHANNEL BECAUSE THE PLANS WEREN'T VERY, VERY GOOD.

SO WE DETERMINED THAT THE CAPACITY OF THE CHANNEL REALLY DOESN'T EVEN HANDLE WHAT'S GETTING THERE TODAY.

IT'S CLOSE, BUT IT DEFINITELY WOULDN'T HANDLE US.

AND IN THE SAME BREATH, HALF CAME BACK WITH THEIR REVIEW AND THEIR REVIEW LETTER SAID, WE DON'T THINK THAT WATER IS GETTING THERE.

THAT WATER IS JUST SHOOTING FROM EAST TO WEST, YOU KNOW, BECAUSE THESE ARE TWO LOTS RIGHT NOW AND THE WATER JUST SHOOTS FROM EAST TO WEST AND IT GOES IN BETWEEN THOSE LOTS.

SO IF THE CHANNEL CAN'T HANDLE THE WATER IT HAS NOW, IT DEFINITELY CAN'T HANDLE US.

SO THE DIRECTION WAS DETENTION POND AND TRY TO KEEP IT IN A SHEET FLOW MANNER.

SO THOSE FIRST FEW LOTS ONE, TWO, THREE, FOUR, FIVE BACK AND NORTH THEY CONTINUE TO JUST KIND OF SHEET ONTO THAT PROPERTY.

AND THEN THE POND, WE'VE GOT THE OUTFALL STRUCTURE PULLED LIKE 10 OR 15FT OFF THE PROPERTY LINE AND THEN THERE'S ROCKS AND THEN THERE'S JUST ENERGY DISSIPATER, WHICH IS JUST A CONCRETE STRUCTURE WITH LITTLE CURBS THAT HAVE TWO FOOT SEPARATIONS IN THEM.

SO THE WHOLE INTENT IS TO JUST KIND OF KEEP IT IN A SHEET FLOW MANNER AND THEN ALL IT DOES IS JUST KEEP DOING WHAT IT'S BEEN DOING.

SO THERE'S WE CAN'T PIPE IT.

WE WANTED TO PIPE IT.

WE JUST WANT TO KEEP IT GOING IN A SHEET FLOW MANNER, KEEP THE SAME FLOWS THEORETICALLY TODAY AS YESTERDAY AND STAFF'S OKAY WITH IT.

HALF WAS OKAY WITH IT.

SO THAT'S KIND OF WHERE WE ARE.

[00:10:02]

WE DO HAVE THE EASEMENTS BECAUSE WE WERE ASKED TO GET THE EASEMENTS.

THE OWNER HAS A RELATIONSHIP WITH THE NEIGHBORS.

THEY'RE REALLY, IT'S NOT LIKE WE'RE GOING TO PUT ANYTHING IN THEM, BUT I GUESS HAVING THEM MEANS THEY CAN'T BUILD A DAM OR BUILD A STRUCTURE.

SO LET ME JUST BECAUSE I JUST WANT TO CLARIFY THIS IN MY OWN MIND.

SO YOU'RE SAYING LOTS TWO, THREE, FOUR ARE JUST GOING TO KIND OF SLOWLY FLOW OUT.

ARE YOU SAYING THAT LOT SIX THAT'S GOING TO HANDLE SOME OF THE OTHER DRAINAGE FROM THE SUBDIVISION WITH A DETENTION POND? BASICALLY, WE'LL DO THE SAME THING.

ARE YOU GOING THROUGH YOU YOU TALKED ABOUT SOME TYPE OF CONCRETE OR ARE WE TALKING ABOUT A WEIR TYPE STRUCTURE? IT'S A KIND OF A CONCRETE WEIR WITH A LITTLE SMALL HOLE IN THE BOTTOM.

I FORGET HOW BIG IT IS, BUT IT'S SMALL.

SO NOT TO PUT WORDS IN YOUR MOUTH, BUT ARE YOU SAYING THEN THE FLOW COMING OUT OF THIS DETENTION POND WILL BE SIMILAR TO THE FLOW THAT WILL COME OFF LOTS ONE, TWO AND THREE AS A SHEET KIND OF A LEVEL.

AND IT WON'T CAUSE ANY PROBLEMS FOR THAT ADJACENT PROPERTY OWNER.

IT SHOULDN'T BECAUSE BECAUSE THE STRUCTURE BETWEEN THE WEIR AND THE PROPERTY LINE IS THIS CONCRETE THING THAT I JUST TRIED TO DESCRIBE, WHERE IT'S GOT LIKE CURBS AND THEN THERE'S CUTS IN THEM.

SO WHEN THE WATER COMES OUT AND IT'S, WE'RE HOLDING BACK A LOT OF WATER, THERE'S, YOU KNOW, HOW MUCH WATER CAN YOU GET THROUGH A 4 OR 6 INCH PIPE? IT'S NOT THAT MUCH.

AND THEN YOU TRY TO SPREAD IT OUT.

BY THE TIME YOU GET TO THE PROPERTY LINE, WE'RE TRYING TO MAKE IT ABOUT 10 OR 12FT WIDE.

WELL, I'M ASSUMING THAT YOU HAVE FLOW STUDIES THAT INDICATE THE DRAINAGE TIME OF THIS DETENTION POND.

RIGHT. AND SO BUT I'M GOING TO ASK THAT QUESTION AGAIN.

YOU SEE IT DRAINING VERY SIMILAR TO LOTS ONE, TWO AND THREE AND FOUR, AND IT WON'T BE ANY EXCESS OF WHAT THOSE WOULD BE DRAINING TODAY.

IS THAT CORRECT? I THINK YOU'RE I THINK THAT'S CORRECT.

THAT WAS THE INTENT.

YOU'RE THE ENGINEER, I'M NOT.

I MEAN, YEAH, THAT'S THE INTENT.

AND I THINK SO BECAUSE AND I'M PULLING NUMBERS OUT OF MY HEAD.

I GLANCED AT IT THE OTHER DAY.

BUT, YOU KNOW, OBVIOUSLY YOU'VE GOT THE STREET AND THE MAJORITY OF THOSE OTHER 5 OR 6 LOTS THAT ARE GOING TO THAT POINT.

OKAY. SO WHAT YOU'RE DOING IS WHEN THAT WATER HITS THAT POND, YOU'RE RESTRICTING IT SO THAT WATER RISES AND YOU'RE JUST LETTING IT OUT OVER TIME.

OKAY. SO IN THE END, THE ACTUAL RATE OF WATER, IT'S GOING TO MIMIC WHAT'S THERE TODAY.

OKAY. THAT'S OKAY.

THANK YOU, SIR. THANK YOU.

ANY OTHER COMMISSIONER? QUESTIONS? COMMISSIONER OTTO? THE SECOND ADDENDUM TO THE WAS THE CITY OF BEDFORD WILL NOT MAINTAIN THAT.

HOW IS THAT GOING TO.

IS THERE A LETTER OF AGREEMENT OR SOMETHING? WES BECAUSE I WAS THE ONE WHO BROUGHT THAT UP.

YES, SIR. NO, THE APPLICANT HAS PROVIDED US A COPY OF THE EASEMENT LANGUAGE AND WE MADE SURE THAT LANGUAGE WAS IN THERE.

ATTORNEY STAFF HAS REVIEWED THAT AND EVERYBODY'S BLESSED IT.

IT COMPLETELY DOES NOT REQUIRE THE CITY TO MAINTAIN THE EASEMENT.

OKAY. THAT'S WHAT MY MAIN CONCERN WAS.

I UNDERSTAND. ALL RIGHT.

Y'ALL SATISFIED? I'M HAPPY.

OKAY. THANK YOU, WES.

COMMISSIONERS. ANY OTHER QUESTIONS OF STAFF OR APPLICANT? ALL RIGHT. THE ITEMS AHEAD OF US FOR A MOTION.

DON'T BE SHY.

I'LL MOVE THAT WE APPROVE.

PLAT 23-1 NICOLE COURT FINAL PLAT AT 2505 MURPHY DRIVE.

SECOND. ALL THOSE IN FAVOR, RAISE YOUR HAND.

OKAY. MOTION PASSES UNANIMOUSLY.

YOUR PROJECT IS READY TO GO.

WE LOOK FORWARD TO SEEING IT.

AND THANK YOU FOR YOUR TIME AND YOUR DUE DILIGENCE ON OUR CONCERNS.

THANK YOU. ALL RIGHT.

NOW WE HAVE A PUBLIC HEARING.

[3. Conduct a public hearing and consider a request for a site plan approval to renovate the drivethrough and parking area for an existing Starbucks in accordance with the Heavy Commercial Zoning District and with the Master Highway Corridor Overlay District Development Standards. The property is generally located on the south side of Airport Freeway, approximately 260 feet east of Central Drive, commonly known as 2200 Airport Freeway. (SITE-23-1)]

TO CONSIDER A REQUEST FOR A SITE PLAN, APPROVAL TO RENOVATE THE DRIVE THRU AND PARKING AREA FOR AN EXISTING STARBUCKS IN ACCORDANCE WITH THE HEAVY COMMERCIAL ZONING DISTRICT. THIS IS ITEM SITE 23-1.

JOSE? THANK YOU AGAIN, MR. CHAIRMAN, AND GOOD EVENING AGAIN, FELLOW COMMISSIONERS.

SO, YES, THIS IS A REQUEST FOR A SITE PLAN APPROVAL FOR THE STARBUCKS HERE NOT TOO FAR FROM HERE, LOCATED OFF OF CENTRAL DRIVE AND SOUTH OF THE 121 LOCATED HERE IN THE SHOPPING CENTER NEXT TO THE MOVIE TAVERN AND ALSO THE OTHER RESTAURANTS IN THE AREA.

THIS IS A, EXCUSE ME, THE ZONING HERE IS HEAVY COMMERCIAL WITH AND IT HAS AN SUP FOR THE EXISTING STARBUCKS THERE.

[00:15:05]

AND IT'S ALSO LOCATED WITHIN THE MASTER HIGHWAY CORRIDOR OVERLAY.

OOPS. OKAY. SO A LITTLE BIT OF BACKGROUND ON THIS CASE HERE.

BACK IN 2005, THE THIS PROPERTY WAS REZONED TO FOR FOR THE APPROVAL OF A SPECIFIC USE PERMIT TO ALLOW FOR THE STARBUCKS FACILITY.

AND WITH THE DRIVE THROUGH AS PART OF THAT APPROVAL PROCESS, THERE WAS A REQUIREMENT FOR THIS PROPERTY TO BE RE-PLATTED AND WHICH TOOK PLACE ABOUT A YEAR LATER HERE IN 2006 TO SEPARATE THIS PROPERTY FROM THE REST OF THE SHOPPING CENTER.

HERE'S SOME SIDE PHOTOS HERE.

AS YOU CAN SEE, THE CURRENT EXISTING DRIVE THRU OF THE STARBUCKS.

RIGHT NOW, THE WAY IT'S DESIGNED, YOU'VE GOT A LOT OF PEOPLE COMING IN FROM AIRPORT FREEWAY COME INTO THE STARBUCKS THERE AND THEY CURRENTLY HAVE SOME CONES SET UP TO DIRECT SOME OF THAT TRAFFIC THERE AND TRY TO AVOID SOME OF THAT OVERFLOW GOING INTO AIRPORT FREEWAY.

AND YOU CAN ALSO SEE THE CURRENT CONDITIONS OF THAT PARKING AREA THE WAY IT EXISTS.

YOU'VE GOT A COUPLE OF POTHOLES AS WELL THERE IN THE AREA.

SO THEY'RE GOING TO RENOVATE THAT AS WELL AS PART OF THE PROCESS.

SO HERE ARE SOME OF THE PROPOSED CHANGES TO THE SITE PLAN.

WHAT THEY'RE REQUESTING HERE, WHICH INCLUDES SOME OF THE REMODELING GOING INSIDE THE STARBUCKS FACILITY ITSELF, AND THAT INCLUDES IMPROVING THE ADA ACCESSIBILITY AS WELL IN THERE, MAKING IT MORE CUSTOMER FRIENDLY.

THEY'RE GOING TO BE DOING EXTERIOR WALL REPAINTING AND PATCHING AND REPAIRS AS WELL TO THE BUILDING.

THAT INCLUDES A PRESSURE WASHING THE BUILDING ITSELF AND OF COURSE THE NEW DRIVE THRU LANE WITH THE ENTRANCE AND THE NEW MENU BOARDS AS WELL.

IT'S ALSO GOING TO SUPPORT MORE VEHICLE STACKING AND THE ENTRANCE ALSO BE FROM THE SOUTHERN PORTION.

SO HAVE THAT DRIVE THRU LINE STARTING FROM THE SOUTHERN PORTION OF THE LOT.

IT WOULD ALSO HAVE A NEW 24 FOOT EMERGENCY ACCESS EASEMENT AS WELL.

AND IT WILL ALSO HAVE A NEW PARKING ISLAND AS WELL WITH IRRIGATED LANDSCAPING.

HERE'S A PROPOSED SITE PLAN HERE TO KIND OF SHOWS HOW THE NEW THE STACK IS GOING TO BE AND ALSO THE WAY THE VEHICLES ARE GOING TO BE ENTERED FOR THE NEW PROPOSED DRIVE THROUGH. AND THE NEXT ONE IS THE LANDSCAPING THAT ALSO SHOWS THAT THAT NEW STRIP OF ISLAND THERE, THE PARKING ISLAND, IS GOING TO ALSO INCLUDE SOME IRRIGATED LANDSCAPING AS WELL TO PROVIDE SOME SCREENING AND ALSO SOME MORE SCENERY AS WELL FOR THE AREA THERE.

SO AS PART OF THE NOTIFICATION PROCESS, WE WE PLACE A SIGN OUT THERE ON THE PROPERTY.

YOU YOU MAY HAVE NOTICED WE GOT SOME NEW PUBLIC NOTICE SIGNS OUT THERE.

AND SINCE THIS IS A SHOPPING CENTER, WE NOTIFIED ALL THE ADJACENT PROPERTIES WITHIN 200FT OF THE PROPERTY AND THERE WERE THREE THAT WERE NOTIFIED SINCE THIS LARGE SHOPPING CENTERS HERE AND WE RECEIVED NO RESPONSES OR ANY COMMENTS TO THIS NOTIFICATION PROCESS HERE.

SO TONIGHT, YOU WILL CONDUCT A PUBLIC HEARING ON THIS REQUEST.

SO YOU'LL HAVE SOME OPTIONS HERE TO APPROVE THE SITE PLAN.

YOU CAN ALSO HAVE ADD ANY CONDITIONS TO IT IF NEEDS BE.

OR YOU CAN ALSO DENY THIS PROJECT HERE.

I'M HERE TO ANSWER ANY QUESTIONS.

STAFF APPLICANT IS ALSO HERE AS WELL.

REPRESENTATIVES FROM THE COMPANY HERE TO ANSWER ANY QUESTIONS AS WELL.

YOU MAY HAVE. DO WE HAVE ANY QUESTIONS OF STAFF BEFORE WE OPEN THE PUBLIC HEARING AND WE CAN HAVE THE APPLICANT SPEAK DURING THE PUBLIC HEARING? ANYTHING FOR JOSE WHILE HE'S UP THERE? ALL RIGHT. THANK YOU, JOSE. IT'S 6:18.

WE'LL CALL TO ORDER THE PUBLIC HEARING.

ON THIS ITEM AT THIS TIME.

I WOULD LIKE TO COME AND SPEAK TO US ABOUT THIS.

THAT'D BE GREAT. MOST ESPECIALLY THE APPLICANT.

PLEASE COME FORWARD AND STATE YOUR NAME AND YOUR ADDRESS FOR US, PLEASE.

OH, HI. I'M ROBERT KETTNER.

I'M WITH THE ID GROUP IN DALLAS, TEXAS.

MY ADDRESS IS 4 COLLINS RICHARDSON, TEXAS.

SO WE'RE HERE SEEKING APPROVAL ON THE REDESIGN OF THE DRIVE THRU LANE AT THE EXISTING STARBUCKS.

I'M COURTNEY. I ALSO WORK AT ID GROUP WITH ROBERT.

I WAS THE MAIN DESIGNER ON THIS PROJECT.

OH, I'M SORRY. SORRY.

I'M COURTNEY. I'M ALSO FROM ID GROUP.

I WORKED ON THE PROJECT AND SO IF YOU HAVE ANY QUESTIONS, JUST LET ME KNOW.

CURIOSITY FOR ONE.

WHAT PRECIPITATED THE CHANGE IN THE ADA CONFIGURATION OF THE INTERIOR? I THINK THAT'S ALWAYS BEEN A STARBUCKS STANDARD FOR US TO DO.

WE'VE DONE A LOT OF RENOVATIONS AND I THINK IT'S JUST SOMETHING THAT WE'RE ALWAYS TOUCHING BASE ON.

AND CODE REQUIREMENTS, OF COURSE, ARE ALWAYS CHANGING, SO JUST MAKING SURE WE MEET THOSE REQUIREMENTS.

OKAY, GOOD. I MEAN, BECAUSE IT'S NOT OBVIOUSLY A VERY OLD BUILDING.

[00:20:02]

SAY THAT AGAIN. IT'S NOT A VERY OLD BUILDING.

YEAH. YEAH, THEY LIKE TO RENOVATE.

I THINK IT'S EVERY 5 TO 10 YEARS.

OKAY. ARE YOU ALL GOING TO BE OPEN DURING THIS RENOVATION OR ARE YOU GOING TO HAVE TO SHUT DOWN? THAT IT WILL BE CLOSED? OKAY. BUT IT SURE ALLEVIATES THAT TRAFFIC PROBLEM WE'VE BEEN HAVING.

YEAH. I SEE THAT THE DRIVEWAY ACCOMMODATES OR WILL ACCOMMODATE ABOUT 11 CARS.

TYPICALLY I'M NOT A COFFEE DRINKER.

TYPICALLY. HOW MANY AT THE WORST TIME? HOW MANY CARS DO YOU FIND QUEUING UP? I DON'T KNOW IF THAT'S A QUESTION THAT I CAN ANSWER.

THAT WOULD BE A STARBUCKS REPRESENTATIVE.

WE ARE THE AOR.

WE TRY TO ACCOMMODATE FOR AN AT LEAST AN EIGHT CAR STACK IS LIKE, I THINK THE NUMBER THAT THEY TRY TO SET.

SO THIS ONE'S A LITTLE BIT MORE.

BUT YES, THAT'S.

WHAT? IF IT WERE TO BE MORE THAN 11 CARS, WHERE WOULD THE OVERFLOW GO? IT WOULD. WE WOULD PROBABLY PLAN FOR IT TO GO AROUND THE SOUTH.

IF YOU'RE COMING FROM CENTRAL.

IF YOU CAN SEE WHERE THAT CAR IS SLIGHTLY TURNED, IT WOULD START STACKING UP.

YEAH, BECAUSE I KNOW THE CONCERN HAS BEEN THAT AT SOME POINTS IT WAS BACKING UP ALONG THE FREEWAY AND CREATING A TRAFFIC HAZARD.

RIGHT. HOPEFULLY WITH THIS WAY THEY CAN THEY SEE THAT WE CAN START STACKING MORE SOUTH.

OKAY. THANK YOU.

LET ME ASK A SIMILAR QUESTION TO FELLOW COMMISSIONER.

I'M ASSUMING THAT STARBUCKS HAS, I'LL CALL THEM TRAFFIC ENGINEERS FOR FOR LACK OF ANOTHER WORD.

I'M CERTAINLY NOT.

BUT I THINK IT WAS KIND OF THE SAME.

YOU'RE TRYING TO MAKE THE QUEUE MUCH BETTER THAN WHAT IT IS TODAY.

BUT I'M ASSUMING THAT SOMEBODY KIND OF LOOKED AT THIS.

I KNOW YOU SAY, WELL, TYPICAL IS X NUMBER, BUT I'M ASSUMING THAT SOMEONE AT STARBUCKS LOOKS AT THIS AND HAS SOME TYPE OF A METRIC TO USE OR DO THEY JUST KIND OF WING IT? HELP ME OUT ON THAT.

YEAH. SO I THINK THE THE WAY WE GOT THIS SITE PLAN APPROVED WAS WITH THE LANDLORD AND THAT WAS THE MAIN WAY.

SO STARBUCKS TALKED TO THE LANDLORD AND THIS IS WHAT THEY CAME UP WITH.

NOW, WHO ALL WAS INVOLVED? I'M NOT PART OF THAT DECISION, BUT THIS IS WHAT WAS APPROVED BY THE LANDLORD.

OKAY. BUT I'M SAYING WHEN STARBUCKS GOES IN ANY PLACE, THEY DO SOME TYPE OF A TRAFFIC STUDY TO TO LOOK AT THE FLOW AND SO ON AND SO FORTH.

AND THIS IS CERTAINLY AN IMPROVEMENT OF WHAT YOU WHAT YOU HAVE TODAY.

AND SO WHAT THEY'RE TELLING YOU IS THAT THIS SHOULD BE ADEQUATE, I GUESS.

OKAY. I HAVE A QUESTION.

I'M A FREQUENT PATRON OF THIS STORE, AND I LOVE IT, EXCEPT FOR WHAT HAD BEEN THE BACKUP ON THE SERVICE ROAD.

BUT WITH RESPECT TO THE INTERIOR, BECAUSE OF THE ADA CONFIGURATION, DO YOU KNOW WHETHER THERE WILL BE MORE OR LESS SEATING? DO YOU HAVE ANY OF THAT INFORMATION? I WE ARE MORE LEANING TOWARDS LESS SEATING IN THIS SPACE AND WE'RE EXPANDING THE WORKROOM AREA AND MOVING TOWARDS LESS SEATING, SPECIFICALLY AT THIS LOCATION.

SO I'LL DRINK MY COFFEE STANDING UP.

THANK YOU. THERE WILL BE SEATS, BUT YES, LESS OF THEM.

THANK YOU. OTHER QUESTIONS.

I DON'T KNOW IF THIS WOULD BE FOR WES OR FOR YOU GUYS, BUT I'M LOOKING AT THE LANDSCAPING IN THIS ONE AND IT'S, I THINK IN THE STAFF RECOMMENDATIONS IT TALKS ABOUT TO INCLUDE A LANDSCAPING PLAN.

SO DOES THIS INCLUDE ALL THE LANDSCAPING ALREADY OR IS THE PROPOSAL TO COME BACK WITH MORE LANDSCAPING? SO I'M WONDERING, WHAT IS THIS LANDSCAPING BLOCK FROM OR WHO IS IT? SUPPOSED TO BE PROVIDING A BARRICADE FOR [INAUDIBLE].

IF YOU'RE ON THE SHOPPING CENTER SIDE, YOU STILL SEE THE LONG LINE OF CARS.

BUT IF YOU'RE ON THE SIDE, YOU'RE DRIVING PAST STARBUCKS, THEN YOU DON'T SEE IT FROM ONE SIDE.

BUT I DON'T SEE LANDSCAPING BETWEEN THE PATIO AND THE FREEWAY.

SO THAT WAS ACTUALLY A CITY COMMENT.

WE HAD TO ADD THIS ONTO THERE.

SO YEAH, IF I CAN JUST JUMP IN HERE REAL QUICK.

THE DURING THE DEVELOPMENT REVIEW COMMITTEE PROCESS, DURING THE PRELIMINARY PROCESS, THERE'S ONE OF TWO REQUIREMENTS COMMENTS THAT WE PROVIDED TO THEM TO PROVIDE LANDSCAPING ON SPECIFICALLY ON THE NEW PARKING LOT IN THERE TO SEPARATE THE DRIVE THRU AND THE PARKING AREA.

I GUESS. WHY IS IT ONLY ON ONE SIDE OF THE PARKING? ONLY IN THE PARKING LOT IN ITSELF.

SO LIKE THERE'S, IT LOOKS LIKE THERE'S A CURB HERE AND THERE'S A CURB HERE WITH LANDSCAPING AND THEN IT GOES LIKE THIS INTO THE PARKING LOT.

BUT THERE'S ONLY LANDSCAPING ON ONE SIDE.

SO IF WE'RE TRYING TO.

BLOCK THE DRIVEWAY BASICALLY FROM VISIBILITY.

SO THEY'RE NOT JUST STARING AT A BUNCH OF CARS.

WHY IS THERE LANDSCAPING ONLY ON ONE SIDE AND NOT THE OTHER?

[00:25:03]

YEAH. AM I MAKING SENSE? AND ARE YOU TALKING ABOUT IN THE LITTLE SLIVER ON THE RIGHT SIDE? THIS IS THIS IS THE CURVE.

THE LITTLE MEDIAN AREA. THE MEDIAN.

I THINK THE MAIN REASON WE DON'T HAVE LANDSCAPING THERE IS IT'S JUST SO SMALL OF AN AREA THAT THERE'S JUST NOT MUCH YOU CAN DO WITH IT IN THAT LITTLE.

I THINK IT'S ABOUT LIKE MAYBE A FOOT WIDE THERE.

IF I CAN, I CAN PROBABLY EXPLAIN WHY THE ORDINANCE REQUIRES THAT LANDSCAPING SCREEN FROM A PUBLIC RIGHT OF WAY.

THAT AREA IS NOT THE PUBLIC RIGHT OF WAY.

SO THAT'S WHY THE REQUIREMENT ISN'T THERE.

AND THEN WHAT ABOUT BETWEEN THE PATIO AND THE FREEWAY ON THAT SIDE, TOO? THEY'VE ALREADY GOT LANDSCAPING THERE.

OKAY. SHE'S NOT ON THAT. RIGHT.

THEY WEREN'T TOUCHING THAT AREA SO THEY DIDN'T HAVE TO SHOW ANYTHING.

OKAY. ALL RIGHT.

THANK YOU. SO ONE OTHER QUICK QUESTION JUST TO BE CLARIFYING IS THE.

NORTH ENTRANCE, CURVING ALONG AIRPORT, WHICH IS CURRENTLY THE ENTRANCE.

IS THAT BEING CLOSED? OUR ENTRY TO THE PARKING LOT AT THE NORTH WEST CORNER OF THIS PLAT.

IT SHOULD NOT BE.

BUT THAT ALSO MIGHT BE SOMETHING THAT STARBUCKS CAN BETTER ANSWER THAN I CAN.

THAT WOULD BE THE STARBUCKS CONSTRUCTION MANAGER, BUT IT DEFINITELY SHOULD NOT BE.

THERE'S STILL THE ENTRANCE THEN COMING, THE EXISTING ENTRY TO THE PARKING LOT OFF OF AIRPORT WILL STILL EXIST? YES. OKAY. IT WAS UNCLEAR HERE WITH THAT WITH THE ELIMINATION OF THE EMERGENCY LANE.

OKAY. RIGHT. PERFECT.

OKAY. ANYONE ELSE GOT ANYTHING? THANK YOU VERY MUCH. YOU'VE BEEN BUSY.

THANK YOU. 6:27 I CLOSE THE PUBLIC HEARING ON THIS ITEM.

ANY FURTHER DISCUSSION OR QUESTIONS TO STAFF? WELL, THEN YOU CAN STILL ASK QUESTIONS, BUT THE PUBLIC HEARING IS CLOSED.

BUT YOU CAN ASK ANYTHING YOU LIKE.

I MEAN, MAYBE IT'S A QUESTION FOR LARRY IF THERE'S A THING.

SO LIKE, MY CONCERN ABOUT THIS WOULD BE LIKE THE IRRIGATION, LIKE REQUIRING IRRIGATION.

IF THERE'S NOT IRRIGATION, LIKE CAN WE JUST SCRAP THE REQUIREMENT FOR IRRIGATION IF WE'RE TRYING TO MOVE TOWARD WATER SAVING MEASURES AND SAY, PUT IN SPECIFIC PLANTS OR GO NATIVE OR PLANTS THAT WILL SURVIVE WITHOUT IRRIGATION, IT'S REALLY GOING TO BE THEIR CALL.

WHAT IS THE APPLICANT THAT YOU ALL LOOKED AT DOING THAT? USING DROUGHT TOLERANT PLANTINGS? YEAH, INSTEAD OF PUTTING IN MORE IRRIGATION.

RIGHT NOW, WE'RE PLANNING.

THEY'RE PLANNING TO TIE INTO THE EXISTING IRRIGATION.

COULD YOU COME BACK UP? IT WOULD JUST BE NICE TO, LIKE, NOT BE WATERING PARKING LOT PLANTS IF WE COULD AVOID IT, RIGHT? YEAH. I THINK THEIR PLAN RIGHT NOW IS JUST TO TIE INTO THE EXISTING IRRIGATION.

IF I COULD ASK A QUESTION ON THAT, IT COULDN'T BE BASED ON THE SIZE OF IT.

COULDN'T IT JUST BE DRIP IRRIGATION SO YOU DON'T HAVE A BIG SPRAY GOING ALL OVER THE PARKING LOT? THAT WOULD BE SOMETHING THAT YOU WOULD HAVE TO ASK OUR CIVIL ENGINEER ON THERE AND NOT.

OKAY. I'M JUST IT'S JUST I'M JUST SAYING IT'S WATER CONSERVATION.

YOU DON'T HAVE IT SPRAYING ALL OVER, BUT YOU STILL HAVE EVEN DROUGHT TOLERANT PLANTS AND GETTING THEM STARTED.

THEY HAVE TO ROOT UP SO THAT THAT MIGHT BE A THOUGHT THAT YOU COULD PASS ON.

OKAY. IT'S A WIN WIN FOR EVERYBODY, I THINK, RIGHT? OKAY. THANK YOU. YEAH.

ANYONE ELSE. OKAY.

ENTERTAIN A MOTION ON THIS PARTICULAR ITEM FROM A COMMISSIONER.

I MOVE, WE APPROVE SITE-23-1.

I'LL SECOND THE MOTION.

ALL RAISE YOUR HAND IN FAVOR.

OPPOSED? PASSES UNANIMOUSLY.

THANK YOU VERY MUCH FOR COMING TO SEE US.

WE LOOK FORWARD TO THE IMPROVEMENTS IN YOUR EFFORTS.

SORRY, YOU MAY HAVE TO CLOSE THE STORE FOR A WHILE TO DO THAT, THOUGH.

THANK YOU. THANK YOU. THANK YOU.

ITEM NUMBER FOUR, WE ARE INSTRUCTED TO CONDUCT A PUBLIC HEARING.

[4. Conduct a public hearing regarding an amendment to Appendix B of the City of Bedford Code of Ordinances, entitled Zoning Ordinance, specifically amending Chapter 5, Supplemental District Regulations by adding regulations related to Tree Preservation.]

APPENDIX B OF THE CITY OF BEDFORD CODE OF ORDINANCES TITLED ZONING ORDINANCE CHAPTER FIVE HAVING TO DO WITH TREE PRESERVATION.

THANK YOU, WES. THANK YOU, MR. CHAIR AND COMMISSION MEMBERS.

THIS IS A LITTLE BIT OF BACKGROUND PROBABLY.

I GUESS LAST FALL WE HAD A SITUATION WHERE A DEVELOPER DID SOME CLEAR CUTTING ON A DEVELOPMENT ON THE SOUTH PART OF TOWN, AND DURING THAT PROCESS WE REALIZED WE HAVE A TREE PRESERVATION ORDINANCE, BUT IT MAYBE IS NOT AS STRONG AS WE'D LIKE FOR IT TO BE.

[00:30:06]

SO COUNCIL HAS ASKED US TO DRAFT UP AN ORDINANCE WITH A LITTLE BIT MORE ENFORCEMENT CAPABILITIES, AND THAT'S KIND OF WHAT WE'VE DONE HERE.

REALLY THE PURPOSE IS TO LOOK AT, IS TO ENCOURAGE A LOT OF THESE REGULATIONS.

THE GOAL IS TO ENCOURAGE DEVELOPERS TO REALLY THINK ABOUT THEIR SITE DESIGN.

AND IF THERE'S TREES THAT NEED TO BE PROTECTED, THEN OUR GOAL IN THIS ORDINANCE IS TO INCENTIVIZE THEM TO PROTECT THOSE TREES.

SO A COUPLE OF THINGS THAT WE DID TO DO THAT.

WE REDEFINED A BUILDABLE AREA.

RIGHT NOW, THE CURRENT ORDINANCE THAT'S DEFINED AS BUILDABLE AREA IS ANYTHING THAT WE'RE CONSTRUCTION IS TAKING PLACE.

SO IF YOU'VE GOT A WATER LINE GOING DOWN A PATH OR IF YOU'VE GOT A ROAD GOING DOWN A PATH AND IT'S TAKING OUT A LARGE GROUP OF TREES, DOES IT MATTER? YOU CAN TAKE IT OUT AND THERE IS NO MITIGATION OR ANY TYPE OF PENALTY OR ANYTHING LIKE THAT TO MAKE YOU THINK ABOUT HOW TO DESIGN THE SITE. SO WHAT THIS DOES IS WE REDEFINE THE BUILDABLE AREA AS BEING THE PAD SITE OF THE BUILDING PLUS SIX FEET OUT FROM THAT.

SO IT REALLY THE GOAL, AGAIN, IS FOR THE APP OR FOR THE DEVELOPER DESIGNER TO REALLY LOOK AT THAT AND TO SAY, OKAY, NOW IT DOESN'T INCLUDE ROADWAYS, NOW, IT DOESN'T INCLUDE WATER LINES, OTHER INFRASTRUCTURE.

SO LET'S SEE HOW WE CAN DESIGN THIS TO PRESERVE THOSE TREES WITHOUT HAVING TO MITIGATE ANYTHING.

IT ALSO BUILDS IN A CREDIT.

SO IF YOU DO SAVE CERTAIN AMOUNT OF TREES A CERTAIN SIZE, IT GIVES YOU CREDIT FOR THAT.

AND SO, AGAIN, MORE INCENTIVE TO TO REALLY LOOK AT YOUR DESIGN OVER A PROJECT ALSO BROADENS THE PROTECTED TREE LIST.

RIGHT NOW WE'VE GOT A LIST OF TREES THAT ARE PROTECTED.

AND WHAT WE WHAT WE DECIDED TO DO WAS, WHICH IS COMMON AMONG TREE PROTECTION ORDINANCES, BUT THAT IS TO KIND OF TAKE OUT THE TREE PROTECTION LIST AND JUST SAY WHAT ARE THE TREES THAT WE DON'T WANT IN THE CITY? AND THAT'S A SMALL LIST.

AND THEN SAY EVERYTHING ELSE IS IS ALLOWED.

SO WE'VE DONE THAT AS WELL.

WE'VE OUTLINED THE REQUIREMENTS FOR TREE MITIGATION AND AND WHAT A PERMIT REQUIRES AND WHEN THAT PERMIT IS TO BE REQUIRED IN THE PAST. I'M JUST GOING TO TELL YOU, IN THE PAST, TREE MITIGATION PERMITS WERE KIND OF AN AFTERTHOUGHT.

AND IT WAS AFTER PLATTING HAD BEEN DONE, IT WAS AFTER PUBLIC WORKS PERMITS HAD BEEN ISSUED AND THEN SOME.

IT WAS BEFORE THE BUILDING PERMIT.

WELL, AT THAT POINT, PUBLIC WORKS PERMITS HAVE BEEN ISSUED, ROADWAYS HAVE BEEN PUT IN, INFRASTRUCTURE HAS BEEN PUT ON.

IT WAS KIND OF AN AFTERTHOUGHT.

SO WE PUT IT TO THE FOREFRONT FOREFRONT OF THIS OF THE DEVELOPMENT PROCESS.

AGAIN, WE PROVIDED CREDITS OR INCENTIVES FOR PROTECTING EXISTING TREES.

WE'VE ALSO PUT IN A LOT OF LANGUAGE IN THERE ABOUT HOW TO PROTECT EXISTING TREES DURING CONSTRUCTION.

IN THE PAST THERE WAS NO LANGUAGE, SO WE REALLY HAD NO ENFORCEMENT CAPABILITY TO SAY, OKAY, YOU'VE GOT TO HAVE A CERTAIN OFFENSE TYPE OF FENCE AROUND THE TREE.

YOU'VE GOT TO HAVE SOME PROTECTION FOR THAT FENCE.

AND SO WE'VE BUILT THAT INTO THE INTO THE ORDINANCE AS WELL.

WE'VE IDENTIFIED A COUPLE OF DIFFERENT REPLACEMENT OPTIONS IN THE PAST.

IT JUST HAD TO BE REPLACED ON THE SUBJECT PROPERTY.

IT DIDN'T GIVE STAFF OR THE DEVELOPER AN OPPORTUNITY TO SAY, I DON'T HAVE ROOM ON MY SITE TO PUT MORE TREES.

SO I DON'T KNOW WHAT YOU KNOW, THERE'S NO OTHER ALTERNATIVE.

AND SO WHAT THIS DID IS IT GAVE A COUPLE OF DIFFERENT OPTIONS.

ONE, YOU CAN AGAIN, PUT THEM ON YOUR SIDE IF YOU'VE GOT THE SPACE OR YOU CAN WORK WITH THE CITY TO RELOCATE TREES TO OTHER PUBLIC AREAS WITHIN THE CITY PARKS, RIGHT OF WAYS, WHATEVER.

AND IT ALSO BUILT IN A TREE RESTORATION RESTORATION FUND.

SO IF YOU CAN'T FIGURE OUT WHERE TO PLANT A TREE, IF MAYBE THE PARKS ARE FULL OF TREES, WE'LL GET THERE ONE DAY, WE HOPE.

BUT IF THERE'S NOT A PLACE IN THE CITY TO PLANT ANOTHER TREE, THEN YOU CAN PAY INTO A FUND THAT THE CITY CAN THEN USE TO PRESERVE AND TO MAINTAIN TREES AND TO ADD TREES AS THE TIME PERMITS.

AND THEN LAST IT.

WE PUT IN A STANDARD FOR MAINTENANCE OF ALL TREES ON PUBLIC LANDS, PREDATING CURRENT STAFF.

THERE WERE SOME ISSUES THAT WE'RE HEARING FROM THE PUBLIC THAT.

CITIES WENT IN AND DID THEIR OWN CLEAR CUTTING IN SOME CASES.

AND SO WE WANTED TO KIND OF HOLD OUR OWN OUR FEET TO THE SAME STANDARD THAT WE'RE HOLDING DEVELOPERS TO.

AND THAT'S WHAT THIS ORDINANCE DOES.

IT'S A VERY HIGH LEVEL OVERVIEW.

ONE OF THE CHANGES AND WE'LL TALK ABOUT AT THE NEXT AGENDA ITEM IS WE ALSO TOOK THE PRESERVATION ORDINANCE TREE PROVISION ORDINANCE OUT OF THE SUBDIVISION REGS.

THE SUBDIVISION REGS DON'T GIVE US AS MUCH ENFORCEMENT AND PENALTY CAPABILITIES.

SO IF SOMEONE DOES VIOLATE THE ORDINANCE, OUR HANDS ARE SOMEWHAT TIED THERE.

SO WE MOVED IT INTO THE ZONING ORDINANCE, WHICH GIVES US MORE PENALTY AND ENFORCEMENT CAPABILITY.

[00:35:03]

WITH THAT, I CAN ANSWER ANY QUESTIONS.

I'VE GOT ONE.

OKAY. ACTUALLY, I'VE GOT SEVERAL.

HAS AN ARBORIST LOOKED AT THIS LIST OF EIGHT, WHAT YOU CALL UNPROTECTED TREES? NO, NOT LET ME SAY THIS.

WHAT WE DID AND IN FULL DISCLOSURE, WE WE LOOKED AT A LOT OF OUR PEER COMMUNITIES THAT HAVE WHAT WE CALL.

RESTRICTIVE AND NOT AS RESTRICTIVE TREE ORDINANCES.

AND I DO KNOW THAT WHERE WE TOOK THAT LIST FROM, THAT LIST WAS REVIEWED BY AN ARBORIST.

BUT THE CITY HAS NOT ENLISTED AN ARBORIST TO REVIEW THAT LIST.

OKAY. WELL, I'M NOT AN ARBORIST AND I HAVEN'T PLAYED ONE ON TV.

OKAY. BUT MY CONCERN IS LOOKING AT THE ORDINANCE.

THE, WHAT DID YOU CALL IT? THE UNPROTECTED.

NO, NO. THE THE NEXT SECTION.

AGENDA ITEM FIVE.

WHERE YOU CHANGED THE SUBDIVISION PORTION? YES. THERE WERE 22 UNPROTECTED TREES ON THAT LIST AND THERE ARE ONLY EIGHT HERE.

AND MY QUESTION RELATES TO SOME COMMENTS I LOOKED UP.

WE HAVE AN ARBORIST THAT WORKS FOR US IN OUR HOME BECAUSE WE GOT A LOT OF MATURE TREES.

AND ALSO LOOKED UP WHAT TEXAS A&M FOREST SERVICE SAYS ABOUT TWO PARTICULARLY TERRIBLE INVASIVE TREES.

ONE IS THE TREE OF HEAVEN THAT WAS CROSSED OFF.

THIS IS A TREE THAT GROWS 60 TO 80FT.

IT DISPERSES OVER 300,000 SEEDS.

IT CAN CREATE A HAZARD TO POWERLINES.

IT'S FAST GROWING, IT DOMINATES AND COLONIZES SITES AND IT CAUSES SEWER LINES TO FAIL.

THAT'S ONE OF THEM.

AND THAT WOULD CERTAINLY BE ON MY LIST.

AND THE OTHER ONE, WE HAVE A NEIGHBOR IN OUR COMMUNITY WHO HAS CHINABERRY TREE, WHICH IS OVER 40FT TALL.

HE SEEMS TO BE CULTIVATING A FOREST OF CHINABERRY TREES.

THESE TREES GROW OVER 40FT TALL.

THEY HAVE POISONOUS BERRIES, THEY GROW FAST, AND THEY ALSO COLONIZE AN AREA.

SO AT A MINIMUM, I WOULD ASK WHETHER I WOULD SUGGEST THAT THESE TWO TREES, MAYBE BRADFORD PEARS, MAYBE WILLOWS, I'D JUST LIKE ANOTHER LOOK AT THIS, I THINK BECAUSE BRADFORD PEARS FALL APART THE FIRST HAILSTORM YOU HAVE OR FIRST WINDSTORM.

SO BRADFORD PEARS WERE NOT ON THE PREVIOUS LIST.

WILLOWS WERE.

SO I'VE GOT AN ISSUE WITH THOSE TWO PARTICULAR TREES THAT ARE INVASIVE, DANGEROUS AND AND GROW TO INCREDIBLY HIGH HEIGHTS.

WHAT WAS THE FIRST TREE YOU MENTIONED? SOMETHING TO HEAVEN? THE TREE OF HEAVEN.

IT'S ON THE THE FIRST LIST, A SUBDIVISION LIST.

AND I THINK IT SHOULD STAY.

OKAY. HIGH FIVE YOU FOR THAT WONDERFUL RESEARCH.

GOOD JOB. WES.

LET ME COMPLIMENT YOU AND STAFF FOR PUTTING THIS TOGETHER.

I WISH WE HAD THIS 30 YEARS AGO, BUT IT IS WHAT IT IS.

I'M ASSUMING THAT THIS WAS MAYBE BORROWED OR SOME OF IT FROM ANOTHER CITY, MAYBE WITH THE INITIALS OF FM, BUT I'LL JUST THROW THAT OUT THERE.

WHAT I'VE SEEN OVER THE YEARS IS SOMETIMES NOT JUST WITH TREE ORDINANCES, BUT WE WILL PASS ORDINANCES.

BUT OUR ADMINISTRATION OF THE ORDINANCE IS WHERE WE SOMETIMES FALL DOWN.

AND THIS KIND OF FITS IN WITH MR. JACOBSON'S COMMENTS ABOUT AN ARBORIST.

IT SAYS ADMINISTRATIVE OFFICIAL, IT'S GOING TO BE APPOINTED BY THE CITY MANAGER, ADMINISTER THIS ORDINANCE OR DEPARTMENT AND DIRECTOR'S DESIGNEE.

I DON'T KNOW WHO THAT PERSON WILL BE, BUT FOR INSTANCE, I BELIEVE THE CITY OF EULESS HAS ON STAFF EITHER AN ARBORIST OR A HORTICULTURIST, I THINK, OR AT LEAST THEY DID. AND I'M NOT LOOKING AT YOU AS THE ADMINISTRATOR OF THIS, BUT THERE ARE A LOT OF THINGS IN HERE.

I MEAN, IF A TREE DIES, I'VE GOT A TON OF QUESTIONS.

IF A TREE DIES WITHIN A CERTAIN PERIOD OF TIME, IT HAS TO BE REPLACED.

WHO'S GOING TO BE DOING THE FOLLOW UP ON THAT TREE? AND I COULD GO ON AND ON.

BUT I THINK WHOEVER IS GOING TO BE THE ADMINISTRATOR AND WHOEVER THAT THE CITY MANAGER CHOOSES HAS SOME BACKGROUND.

IN OTHER WORDS, KNOWS A POST OAK FROM A BLACKJACK OAK FROM I COULD GO ON AND ON.

I KNOW A LITTLE BIT ABOUT GARDENING AND IT'S SOMETHING I HAVE AN INTEREST IN AND THERE'S JUST I DON'T WANT TO JUST GO THROUGH EVERY QUESTION IN HERE, BUT I THINK YOU'VE DONE A GREAT JOB. LIKE I SAID, I WISH WE WOULD HAVE HAD THIS 30 YEARS AGO.

THE LIST OF JUNK TREES, I'LL CALL THEM THAT FOR ANY REASON.

I DON'T HAVE DIFFICULTY WITH MR. JACOBSEN'S COMMENTS.

THERE ARE SOME OF THESE THAT EXIST.

I'VE SEEN A PRETTY MIMOSA, BUT THEY ARE KIND OF A DIRTY TREE.

BUT THEY'RE PRETTY WHEN THEY BLOOM.

I DON'T HAVE ONE, WHICH IS GOOD, BUT THERE'S JUST A NUMBER OF THINGS IN HERE FROM AN ADMINISTRATIVE POINT OF VIEW AND AND UNFORTUNATELY, WE DON'T HAVE A LOT STILL TO DEVELOP. BUT I LIVE NEXT TO A NEIGHBORHOOD THAT ONE ANOTHER NEIGHBORHOOD DEVELOPED ACTUALLY THE VILLAS OF RUSTIC WOODS.

[00:40:05]

THEY WENT IN AND THEY CLEAR CUT IT.

OKAY. AND THERE WAS NO FOLLOW UP TO PLANT TREES AND SO ON AND SO FORTH.

SO I'VE SEEN IT. I KNOW WHAT THIS CAME FROM.

AND SO AS WE DEVELOP OUT WHAT'S REMAINING, ANYTHING WE CAN DO TO PROTECT IT.

AND LIKE I SAID, I THINK YOU'VE BUILT A GREAT ORDINANCE.

IT'S ADMINISTERING IT, I THINK IS GOING TO BE THE TOUGH PART.

AND I SEE MRS ROY WAY IN THE BACK AND SHE'S HEARING ALL THIS AND I DON'T KNOW WHO THE CITY MANAGER, BUT I HOPE THAT WHOEVER THAT PERSON IS, THAT THEY'RE GIVEN SOME TRAINING OR BACKGROUND BECAUSE IT'S NOT IT'S NOT EASY TO DO AND HOW YOU'LL FOLLOW UP ON THIS.

SO THAT'S. I THINK AND IF I CAN TRY TO ADDRESS SOME OF THAT, THE ADMINISTRATIVE OFFICIAL, THE IDEA BEHIND THAT WAS TO NOT NAME A PARTICULAR STAFF PERSON BECAUSE AS YOU ALL KNOW, POSITIONS CHANGE WITHIN THE CITY.

WE ARE NOT A CITY.

I MEAN, UNLESS UNLESS SOMETHING DRASTICALLY CHANGES, I DON'T THINK THE CITY OF BEDFORD WOULD SUSTAIN NEEDING A FULL TIME ARBORIST ON STAFF.

BUT THERE'S NOTHING TO SAY THAT THAT ADMINISTRATIVE OFFICIAL CAN'T ENLIST THE SERVICES OF OF AN ARBORIST WHEN THEY NEED ONE.

AND SO THAT'S WHAT I ENVISION AS IF I AM THE LUCKY ADMINISTRATIVE OFFICIAL, THEN YOU WOULD REST ASSURED I WOULDN'T BE MAKING THESE DECISIONS WITHOUT AN ARBORIST, AT LEAST SOMEBODY I CAN CALL AND ASK THE QUESTIONS.

AND THAT'S THAT'S A STANDARD.

I MEAN, WE DO THAT FOR FOR OTHER POSITIONS IN THE CITY THAT YOU CAN'T EXPECT TO HAVE AN EXPERT FOR EVERYTHING ON STAFF.

SO YOU HAVE PEOPLE THAT YOU CAN CALL AND AND ASK FOR THAT.

RIGHT. AND I'M NOT IMPLYING THAT THE CITY NEEDS AN ARBORIST OR HORTICULTURIST.

I'M JUST SAYING THAT WE HAVE SOMEONE THAT WE COULD WHETHER IT'S IF YOU WERE USING ENGINEERING, WE'VE USED CONSULTING ENGINEERS.

BUT THEN IT GETS INTO THE QUESTION, IF A TREE DIES WITHIN A CERTAIN PERIOD OF TIME, HOW ARE YOU GOING TO KNOW THAT? AND WHEN THIS IS DONE, ARE WE GOING TO USE GPS TO ALSO MARK THESE TREES? SO THEY KNOW? I MEAN, WHEN WE TALKED THE OTHER DAY, YOU IMPRESSED ME WHEN YOU LOOKED AT GOOGLE MAPS AND YOU SAW WHAT I WAS TALKING ABOUT AS A CODE VIOLATION, I WAS REALLY IMPRESSED. AND IT WORKED.

AND SO TECHNOLOGY I'M NOT IN ANY WAY GIVING THIS TO YOU.

THANK YOU. I'M JUST SAYING THAT HOPEFULLY THE PERSON AND UNDERSTANDS BECAUSE I THINK YOU'VE BUILT AN EXCELLENT ORDINANCE, BUT IT'S JUST THE CASE OF ADMINISTERING IT AND GETTING THE USE OUT OF IT THE WAY IT SHOULD BE.

AND THAT'S UNDERSTOOD.

AND I THINK THAT'S WITH ANY ORDINANCE THAT WE WERE TALKING ABOUT, TREES, WHATEVER.

IF YOUR STAFF ISN'T DOING WHAT THEY NEED TO DO AND REALIZING WHEN THEY NEED TO ASK FOR HELP, TO ASK FOR HELP, THAT'S NOT THE ORDINANCE AT FAULT, YOU KNOW.

BUT BUT YEAH, NO.

AND YOU SAID SOMETHING ELSE AND I WAS GOING TO ANSWER AND NOW LOST ASK YOU, DO YOU EVER.

WE DO THINGS WITH OTHER CITIES AND I AND I COULD BE WRONG BUT I KNOW US HAD EITHER A HORTICULTURIST.

OR AN ARBORIST ON STAFF.

THEY DID. I DON'T STAY UP WITH THE.

BUT IS THERE THE POSSIBILITY THAT WE JOINT THINGS, POLICE FIRE, THOSE TYPES OF THINGS THAT WHEN WE GOT INTO A SITUATION LIKE THIS OR WITH WHAT MR. JACOBSON IS TALKING ABOUT, KNOW, ARE THERE SOME OTHER TREES THAT SHOULD BE ON THIS LIST OR MAYBE SOME OF THESE SHOULDN'T BE.

I MEAN, THIS WAS A LIST YOU GOT FROM SOMEPLACE.

AND LIKE I SAID, I'M ASSUMING AND I'M GIVING YOU ALL THE CREDIT FOR THIS, BUT I'M ASSUMING BECAUSE I DO THE SAME THING, I LOOK AT OTHER PLACES THAT HAD AN ORDINANCE.

NO FULL DISCLOSURE.

THIS WAS THIS WAS A, WE LOOK AT OTHER CITIES AND WE MAKE IT FIT FOR BEDFORD.

SURE. EXACTLY. AND DID THE SAME THING.

SO OKAY, SO I'M JUST KIND OF THROWING THAT OUT THERE AS A THOUGHT AND THAT WE USE THOSE RESOURCES BECAUSE YOU'VE BUILT WHAT I THINK IS AN EXCELLENT ORDINANCE OVERALL.

IT'S JUST, YOU KNOW, THERE'S SOME THINGS IT'S ADMINISTRATIVE.

RIGHT. I HAVE A COMMENT, TOO.

I HAVE A QUESTION. WAIT A MINUTE.

LET ME GET. YEAH, THANKS.

I WANTED TO SAY, TOO, THANK YOU FOR THE SAME.

I LIKE THIS RESEARCH AND THEN FOR YOU GUYS TO SPECIFICALLY FOR ASKING PEOPLE TO BUILD AROUND WHAT'S THERE, IT MAKES THE ARCHITECTURE WAY MORE INTERESTING AND YOU GET BETTER ARCHITECTS AND THEY HAVE TO NOT HAVE A BLANK CANVAS.

SO I LOVE IT. THE THINGS THAT I HAD QUESTIONS ON SPECIFICALLY OR COMMENTS BECAUSE MAYBE THIS IS OBVIOUSLY TOO MUCH TO GO THROUGH AT ONE TIME.

BUT I NOTICED LIKE THE DIAMETER OF THE BREAST HEIGHT, IT MENTIONS ALSO HAVING A MULTI-TRUNK TREE.

BUT THE DEFINITION THAT'S IN HERE FOR A TREE IS ONLY A SINGULAR TRUNK TREE.

SO THAT MIGHT HAVE TO BE ADDRESSED SO THAT THOSE LINE UP RANDOM GRAMMAR THING.

THERE'S A QUESTION MARK AT THE END OF HEAVILY WOODED AREAS.

I DON'T KNOW IF YOU GUYS PROBABLY DIDN'T MEAN THAT TO BE A QUESTION, SO I JUST WANTED TO POINT THAT ONE OUT.

IN PROTECTIVE FENCING, IT SAYS A PHYSICAL AND VISUAL BARRIER INSTALLED AROUND A CRITICAL ROOT SYSTEM OF A TREE OR IS TO PREVENT THE DAMAGE TO THE TREE AND ITS ROOT SYSTEM.

BUT IF THE BARRIER IS ONLY AROUND THE ROOT SYSTEM, I DON'T THINK IT'S GOING TO PROTECT THE REST OF THE TREE.

IF THEY RUN INTO IT WITH A CRANE LIKE IS THAT ENOUGH TO LIKE, IS THE ROOT SYSTEM GOING TO BE ENOUGH?

[00:45:05]

SO IS THERE SOMETHING THAT'S FAR ENOUGH AROUND LIKE MAYBE THE DRIP LINE OR SOMETHING? IF I COULD ASK, WHERE ARE YOU AT? I'M SORRY, YOU'RE MOVING REAL QUICK. I'M ON PAGE TWO OF THE ORDINANCE.

WHEREAS THIS I PRINTED IT OUT.

SO IF THEY DON'T LINE UP, IT'S ONE, TWO, THREE.

YEAH. PAGE TWO, THE PROTECTIVE FENCING.

SO THAT'S MY QUESTION IS I DON'T THINK THAT THAT BARRIER WILL PROTECT THE REST OF THE TREE IF IT'S JUST AT THE ROOT SYSTEM.

MY OTHER NOTE I MADE WAS I'M KIND OF GOING BACK TO ROGER'S POINT, EULESS IS A CERTIFIED TREE CITY.

AND MAYBE THAT'S SOMETHING THAT WE KIND OF GO FOR IS SAYING LIKE IF WE GO FOR A TREE CITY CERTIFICATION, IT REQUIRES TO HAVE A BOARD OF TREES OR A FOREST STATION PERSON ON SITE, AND IT COULD BE LIKE A SHARED POSITION.

BUT THEN THAT KIND OF THING WHERE THERE'S A BOARD WHO COULD LOOK AT THESE EVERY TIME THEY GO THROUGH AND MAKE SURE DOES THIS MEET THE ORDINANCE SO IT'S NOT FALLING ON YOU GUYS FOR EVERYTHING. AND THERE'S A FEW OTHER THINGS IN THERE ABOUT WHAT DOES OUR ORDINANCE NEED TO INCLUDE AND THOSE TYPES OF THINGS.

SO MAYBE THAT CERTIFICATION COULD HELP US KIND OF, YOU KNOW, NAVIGATE WHERE WE'RE GOING ON THIS ORDINANCE.

CHOOSE A POINT ON WHICH TREES ARE UNPROTECTED.

WHAT I LOOKED AT BECAUSE MOST OF THESE ARE NATIVE, BUT THEY'RE NATIVE AND INVASIVE, SO THAT KIND OF MADE SENSE TO HAVE THEM BLOCKED OFF BECAUSE IF YOU'RE BUILDING SOMETHING, YES, YOU DON'T WANT SOMEBODY TO COME IN AND DAMAGE YOUR SEWER SYSTEM IN YOUR HOUSE.

SO THAT MAKES SENSE TO ME.

ON THE PROTECTIVE TREE, THOUGH, I WAS KIND OF HOPING THAT MAYBE WE COULD DIVERSIFY BETWEEN A PROTECTED TREE THAT'S NON NATIVE AND A PROTECTED TREE THAT IS NATIVE.

BECAUSE I THINK TO YOUR POINT, LIKE I WOULD BE PERFECTLY FINE WITH GOING AND MOWING DOWN A 30 FOOT TALL TREE THAT'S ONE OF THESE REALLY INVASIVE TREES THAT'S MAYBE NOT ON OUR LIST, BUT THE.

PURPOSE OF WHAT THE TREE SERVES IS STILL THERE.

LIKE IT'S STILL OXYGEN CLEANING AIR.

LIKE ALL THIS. PLANTS, BUGS, GOOD STUFF LIKE THAT.

SO IN THOSE CASES, THEY'RE INCENTIVIZED TO THEY HAVE TO REPLANT SOMETHING AND MAYBE IT'S ON A PROTECTED LIST.

BUT THEN THIS OTHER PROTECTED LIST IS HERE'S OUR NATIVES.

SO I THINK THAT TO THE POINT OF WHERE IT'S SAYING IT HAS TO ALSO BE SIX INCHES IN CALIPER AND 4.5FT, YOU KNOW, THIS HIGH IF IT'S NOT THAT THICK, SOME OF OUR NATIVE TREES, EVEN FULL GROWN, ARE NOT GOING TO HIT THAT.

THEY'RE NOT GOING TO BE 30FT HIGH BECAUSE I LOOKED IT UP AND IT SAID A SIX INCH CALIPER TREE IS 28 TO 30FT TALL.

SO IF YOU GO ALL THE WAY DOWN TO A TWO INCH CALIPER TREE, LIKE SOME DESERT WILLOWS, YOU KNOW, TOP OUT AT 15FT.

SO IF WE DON'T GO SMALL ENOUGH ON THAT, WE'RE GOING TO BE RIPPING OUT FULL GROWN TREES.

THAT TOOK HOW LONG TO GET THAT TALL AND NOT ASKING FOR A REPLACEMENT.

SO I WOULD HOPE THAT WE COULD SAY THAT NATIVE TREES AND I HAVE A LIST OF ONES THAT I THINK WOULD MAKE THE MOST SENSE TO KEEP ON THE LIST I LOOKED AT ARE NOT INVASIVE MONARCH SPECIES, YOU KNOW, BEES, STUFF LIKE THAT THAT WE WANT TO ACTUALLY KEEP AROUND AND THAT ARE PRETTY AND THEY'RE NOT LIKE GOING TO MAKE A HUGE MESS IN A PARKING LOT OR SOMETHING LIKE THAT. SO THINGS THAT WE COULD INCENTIVIZE TO SAY IF YOU'RE GOING TO CUT SOMETHING, MAYBE NO MATTER HOW TALL IT IS, IF IT'S ON THE INVASIVE SPECIES LIST, THAT'S FINE. AND WE DON'T HAVE LIKE A SET SCHEDULE OR SOMETHING FOR HOW MUCH YOU HAVE TO REPLACE FOR IT.

DOES THAT MAKE SENSE? WHAT I'M SAYING, IF IT'S NATIVE, YOU HAVE TO.

EVEN IF IT'S SMALLER, YOU HAVE TO REPLACE IT.

SO YOU WANT A DIFFERENT SIZE FOR NATIVE TREES IS ESSENTIALLY WHAT YOU'RE SAYING.

OKAY. YEAH, BECAUSE I THINK THAT WE'RE TRYING TO PRESERVE THOSE.

SO EVEN IF SOMETHING IS ONLY 20FT TALL, SO IT DOESN'T HIT THIS ONE, IT'S STILL SHOULD BE A PROTECTED TREE.

I THINK IF IT'S NATIVE AND THEN IF IT'S SOMETHING WHERE IT'S LIKE, SAY IT'S FOUR FEET TALL, CAN YOU JUST DIG IT UP AND MOVE IT TEN FEET, SOMETHING LIKE THAT.

I DON'T KNOW IF IT'S. WELL, WE ALLOW, I THINK THE ORDINANCE AND I WOULD HAVE TO DIVE IN.

THERE'S A RELOCATION PROCESS, SO THAT'S ALLOWED.

AND SO I THINK THAT IF WE LOOK FOR THAT NATIVE POINT TOO, THEY WOULDN'T JUST CUT IT OUT.

I'D BE LIKE, OKAY, JUST MOVE IT. IF IT'S A SMALL NATIVE TREE, I THINK THAT WOULD INCENTIVIZE THAT ONE.

UM, THE OTHER ONE I WAS CURIOUS, TOO, WHERE IT SAID LIKE NUMBER NINE ON PAGE FOUR, WHERE A TREE WHERE PROTECTED TREE REMOVAL IS ALLOWED THROUGH EXEMPTION. I WAS CURIOUS.

I DIDN'T SEE SOMETHING CLEAR THAT WAS LIKE, THESE ARE THE EXEMPTIONS EXCEPT FOR THERE IS THIS THIS SECTION.

BUT I THINK WHAT I WAS GETTING AT HERE IS.

CLARITY ON THE PUBLIC HEALTH, WELFARE AND SAFETY.

IF THERE COULD BE A LITTLE BIT CLEARER DEFINITION ON THAT, BECAUSE IF SOMEONE'S LIKE, WELL, IT WAS MY HEALTH, AND THEY SAID, WELL, I'M ALLERGIC TO, I DON'T KNOW, DESERT WILLOWS. LIKE, IS THAT GOING TO BE SOMETHING WHERE, AGAIN, THAT'S UP TO THE ADMINISTRATIVE OFFICIALS DETERMINATION.

LET'S SEE. AND THEN ON NUMBER THREE, WHERE IT SAYS A TREE SURVEY MUST BE PREPARED, SIGNED AND STAMPED BY A QUALIFIED PROFESSIONAL.

I THINK THAT PART A ON THAT SORRY, PAGE FIVE.

NUMBER THREE, THE QUALIFIED PROFESSIONAL MAKES SENSE FOR A IF WE'RE TALKING ABOUT LIKE AN ENGINEERING PROFESSIONAL FOR PART A, BUT TO ROGER'S POINT, THE IDENTIFICATION OF THE TREE

[00:50:01]

STUFF SHOULD PROBABLY BE DONE BY AN ARBORIST BECAUSE I DON'T KNOW TOO MANY ENGINEERS THAT KNOW ALL THE TREE, YOU KNOW, SPECIES AND ALL THAT STUFF.

AND THAT WAS WITH FORT WORTH'S TREE ORDINANCE HAT AS WELL, WAS THAT THEY HAVE A CERTIFIED ARBORIST THAT'S REQUIRED TO DO THAT SIGN OFF FOR THAT PART OF IT.

AND THIS PART I THOUGHT WAS A LITTLE BIT TOO SMALL.

IT'S THE TOP OF PAGE SIX NOT REQUIRING OWNERS THAT HAVE LESS THAN TWO ACRES TO GET THE REQUIREMENTS TO DO THE ORDINANCE. BASICALLY THAT DOESN'T APPLY TO THEM.

I THINK THAT'S A LITTLE BIT BIG.

LIKE IF WE HAVE SOME PROTECTED TREES THAT ARE OVER 30FT AND MAYBE THEY OWN AN ACRE, LIKE ARE THEY JUST GOING TO CLEAR CUT THEIR WHOLE ONE ACRE AND THEN SELL IT TO SOMEBODY ELSE? SO IF STARBUCKS COMES BY AND SAYS, HEY, I WANT TO BUY YOUR PROPERTY, CUT DOWN ALL YOUR TREES BEFORE I BUY IT, LIKE THAT COULD BE AN ISSUE.

SO YOU WANT TO REDUCE THE TWO ACRES TO ONE? IS THAT WHAT I'M HEARING? I THINK SO.

ONE ACRE OR A HALF ACRE.

I DON'T KNOW WHAT THE GROUP MIGHT THINK.

RIGHT HERE. TOP OF PAGE SIX.

NUMBER E, IT SAYS, IF YOU'RE A HOMEOWNER AND IT'S LESS THAN TWO ACRES, YOU CAN REMOVE ALL THE TREES YOU WANT.

THAT THAT SPEAKS TO A I DON'T WANT TO TAKE KEEP GOING.

IT SPEAKS TO A BIGGER ISSUE THAT WE JUST APPROVED.

PLATS FOR A 6500 SQUARE FOOT LOT.

OKAY. IF THERE HAPPENED TO BE A GREAT BIG OAK TREE ON ONE OF THOSE LOTS.

DO WE HAVE ANY PROTECTION THAT THEY CAN'T CUT DOWN THE TREE? PROBABLY NOT.

WELL, THAT THINK ABOUT THIS, THOUGH.

THAT'S THIS IS FOR SOMETHING THAT HAS A HOMESTEAD FILED ON IT.

THAT'S NOT A HOMESTEAD FILED ON THAT PROPERTY.

SO THAT'S NOT APPLES TO APPLES IN THAT CASE.

WELL, I KNOW I'VE CONFUSED THE PUBLIC PERSONAL PROPERTY WITH DEVELOPMENT PROPERTY.

THE IDEA IS THAT THIS IS PERSONAL PROPERTY IS THAT AND AND WE DID YOU KNOW AND AND I REMEMBER THIS SPECIFICALLY IN ONE OF THE OTHER CITIES THAT WE LOOKED AT. AND WE TOOK THIS LANGUAGE FROM ANOTHER CITY.

THAT CITY HAD FIVE ACRES.

AND WE THOUGHT, WELL, THAT'S WE DON'T HAVE A LOT OF FIVE ACRE TRACTS, TO YOUR POINT.

AND I DON'T REALLY HAVE A CONCERN DROPPING IT DOWN TO ONE ACRE.

I THINK WHEN YOU START GOING LESS THAN AN ACRE, WE DO HAVE SOME TRACKS IN TOWN, SOME SINGLE FAMILY RESIDENTS THAT ARE MORE OF THE HOMESTEAD, ESPECIALLY ON THE NORTHERN OR YEAH, THE NORTHERN SIDE OF TOWN THAT DO HAVE A LITTLE BIT MORE THAN AN ACRE.

SO YOU THEN START EATING INTO, WELL, WHAT'S EVEN THE PURPOSE OF THAT REQUIREMENT? LET ME JUST KIND OF ADDRESS THAT POINT BECAUSE I THINK IT'S REALLY VALID.

THERE IS A HOMEOWNER OVER ON 157 WHO HAPPENS TO BE A REALTOR, AND THAT PROPERTY WAS HEAVILY TREED, THAT THAT PERSON HAS TURNED INTO A SELLER OF WOOD.

OKAY. AND I THINK THAT PROPERTY IS PROBABLY OVER TWO ACRES.

IT WAS AN OLDER HOUSE THEY BOUGHT AND IT'S FRONTS RIGHT ON 157.

THEY HAVEN'T CLEAR CUT IT, BUT THEY'VE REALLY FORESTED THAT AREA.

AND I'M NOT SAYING IT'S THEIR PROPERTY, BUT I THINK I MEAN, WE HAVE VERY FEW OF THOSE, BUT THAT'S ONE CASE I'M VERY FAMILIAR WITH.

AND IT'S A REALTOR IN TOWN THAT, IN FACT THE CITY HAS ACTUALLY USED.

BUT I'M JUST MENTIONING IT AND I GET THAT.

BUT I THINK THE IMPORTANT PART OF THAT, NUMBER SIX, IS THAT THERE'S GOT TO BE A HOMESTEAD.

SO IT'S NOT JUST ANY RESIDENTIAL LOT OR ANYTHING LIKE THAT.

IT'S GOT TO BE YOUR HOME SO THAT TO GIVE PROPERTY OWNERS A LITTLE BIT MORE FREEDOM ON THEIR OWN PROPERTY, NOT SOMETHING THEY'RE GOING TO SELL OR CLEAR CUT FOR FIREWOOD OR SOMETHING LIKE THAT. OKAY.

THAT'S THE PURPOSE.

I MEAN, I'M THAT MAKES SENSE TO DROP IT DOWN BECAUSE WE TALKED ABOUT IT FROM A STAFF STANDPOINT.

I JUST DON'T WANT TO DROP IT DOWN TOO FAR BECAUSE THEN WE GET A REALLY RESTRICTIVE.

OKAY. UM, THE OTHER ONE I HAD MARKED THAT I HAD A QUESTION ON, SAME THING ROGERS HAD MENTIONED WAS ABOUT THE WHO CHECKS ON THE TREE.

SO MAYBE IF WE GO THE TREE CITY ROUTE AND WE HAVE A FORESTATION PERSON, IT GOES ON THEIR SCHEDULE TO GO CHECK IT OUT IN THE PART WHERE IT'S TALKING ABOUT THE 5.15H, PAGE SEVEN AT THE BOTTOM, THE SIZE OF THE PROTECTED TREE.

SO IT'S SAYING THAT IF IT'S LESS THAN SIX INCHES, THERE'S NO MITIGATION REQUIRED.

SO AGAIN, IT WOULD GO TO IF IT'S NATIVE, REGARDLESS IF IT'S AT LEAST 4.5FT TALL, THEN IT NEEDS TO BE MITIGATED ONE FOR ONE.

THAT'S THAT ONE TREE CREDITS I THINK WAS FINE.

THAT MADE SENSE.

REFORESTATION WAS FOUND.

I WAS CURIOUS TO TREE REMOVAL IS NOT REQUIRED FOR TREES REMOVED WITHIN THE PUBLIC RIGHTS OF WAY ON PAGE EIGHT.

WHY WOULD PUBLIC RIGHTS OF WAY NOT REQUIRE THAT IF YOU'RE AT A I DON'T KNOW, A PARK OR IT'S LIKE IN YOUR NEIGHBORHOOD AND NOW THE TREE IS GONE? WELL, THAT'S PUBLIC RIGHTS OF WAY WE'RE THINKING STREETS, EASEMENTS, THAT KIND OF THING.

NOT NECESSARILY JUST AN OPEN PARK.

OKAY. OKAY. SO JUST I GUESS IT'S IN THE STREET.

SO I GUESS I'M THINKING LIKE ANYWHERE ELSE.

LIKE IF IT'S A NEW STREET, LET'S SAY THERE'S A NEW THE CITY IS BUILDING A NEW STREET OR WIDENING EXISTING STREET.

[00:55:05]

THAT'S WHAT THAT'S TALKING ABOUT IN MY MIND.

I GUESS WHY WOULD FOR TO YOUR POINT ABOUT LIKE US WALKING THE WALK FOR THE CITY IF WE'RE REQUIRING.

CONSTRUCTION SITE TO TAKE OUT TO DO A STREET.

IF YOU'RE PUTTING A STREET IN. YOU HAVE TO REPLACE THOSE TREES.

SHOULDN'T WE REPLACE THEM IF WE'RE GOING TO PUT IN A STREET? AND THAT'S A POLICY DECISION THE CITY CAN MAKE.

WE CAN FOLLOW THAT. BUT IF YOU'VE GOT AN EXISTING STREET THERE AND IT NEEDS TO BE WIDENED BASED ON NEED, THEN DO YOU REALLY WANT TO PENALIZE THE CITY BASED ON GROWTH? I MEAN, THAT'S A POLICY DECISION.

I GET YOUR POINT. AND IT'S JUST A POLICY DECISION COUNCIL WILL HAVE TO MAKE PROBABLY, I WOULD SAY JUST THE MITIGATION PIECE.

IF WE TAKE ONE OUT OR SAY WE'RE WIDENING A STREET, CAN THAT THEN BEST PRACTICES FOR SIDEWALK IS TO THEN HAVE THAT SPACE OF GRASS AND SOMETHING FOR PEDESTRIANS TO HAVE PROTECTION FROM THE STREET.

COULD THE TREE BE RELOCATED THERE? WILL THEY LOOK AT THAT SOMETHING WHERE IT'S NOT, TO YOUR POINT, A CLEAR CUT, BUT LIKE HOW ARE WE MITIGATING THOSE WIDENINGS? I'LL HAVE TO. I MEAN, THAT'S WE'LL JUST HAVE TO SEE IF THAT'S A I MEAN, THAT'S ADDING OF COURSE, IT'S ADDED COST AND ADDED EXPENSE TO DOING A WIDENING THAT.

THAT'S A PUBLIC POLICY DECISION.

IF YOU ALL WANT TO TAKE THAT OUT, YOU CAN MAKE THAT RECOMMENDATION TO TAKE THAT OUT.

WES, LET ME ASK LET ME ASK UNDER 5.15H AND THE SIZE OF THE PROTECTED TREE, I WANT TO UNDERSTAND THE THE MITIGATION.

ARE WE SAYING THAT IF THE DEVELOPER HAD TO TAKE OUT AN 18 INCH TREE, RIGHT, 6 TO 18 IF I'M READING THIS CORRECTLY, THEY WOULD HAVE TO REPLACE IT WITH ONE TREE.

ONE TREE OF WHAT SIZE? AN 18 INCH TREE.

THE ONLY WAY YOU'D BE ABLE TO DO THAT WOULD BE WITH BRINGING IN WITH A TREE SPADE IF YOU'RE FAMILIAR WITH THAT.

AND I DON'T THINK DEVELOPERS ARE GOING TO GO TO THAT EXPENSE, ARE THEY GOING TO PUT IN ONE TWO INCH TREE TO REPLACE THAT 18 INCH TREE? I'M TRYING TO UNDERSTAND. NO, IT'S SO IF IT'S 18IN, IT'S THEY NEED TO REPLACE IT WITH 18IN OF TREES.

SO IT COULD BE MULTIPLE TREES EQUALING 18IN TWO INCH TREES.

RIGHT. OKAY. THAT'S WHAT I WANTED TO UNDERSTAND.

YES. OKAY. I WAS READING IT WRONG.

THANK YOU. SURE. SO WES I'VE.

ONE OF THE THINGS I CAN I FINISH REALLY QUICK BECAUSE I OBSERVED TRAIN OF THOUGHT AT GENERATIONS PARK IS GIVE ME ONE SECOND.

OH, I'M SORRY. ONE MORE THING AND THEN SORRY.

OH, I'M SORRY. I'M SORRY. I KNOW I HAD A LOT OF QUESTIONS ON THIS ONE.

UM, THERE WAS ONE MORE.

THE, I THINK THE BIGGEST ONE, THE PENALTY.

SO WHAT I WAS TO YOUR POINT, LIKE, IF IT'S NOT ENOUGH, WILL THEY WANT TO COMPLY WITH IT OR IS IT EASIER TO JUST CLEAR CUT IT AND TAKE THE $250 FINE? SO I WAS LOOKING ONLINE. I WAS SAYING BASICALLY THE AVERAGE IS USUALLY BETWEEN 500 TO 10,000 FOR A TREE.

I'M SORRY, WHERE IS THAT? THAT'S WHERE I WAS LOOKING AT ON LINE OF DIFFERENT ORDINANCES WHERE IT HAS LIKE REVIEWED ALL OF THEM.

AND IT WAS SAYING 500, I THINK TO 10,000.

I DON'T KNOW WHAT THE LEGAL CAP IS, THOUGH, BUT IS THAT ENOUGH, I GUESS, IN YOUR GUYS'S EXPERIENCE FOR DETERRING SOMEONE LIKE IT'S PROBABLY CHEAPER TO CUT DOWN A $250 TREE OR TO CUT DOWN A BIG TREE THAN TO MOVE IT AND GO THROUGH THE LOGISTICS AND GO THROUGH A TREE.

SURVEY LIKE EVEN THAT ALONE IS PROBABLY A TREE.

SURVEY IS PROBABLY MORE THAN THE TREE MIGHT COST.

IT'S 250 PER INCH.

OKAY, THEN. I DID NOT READ THAT.

OKAY. I'M SORRY.

I JUST SAW THE 250 AND I WAS LIKE, THAT IS NOT ENOUGH.

OKAY, UM.

AND TO YOUR POINT, I HAD MADE A LIST, TOO, OF TREES FOR RECOMMENDATIONS ON THE NATIVE, BUT AND ONES TO NOT PUT ON THE PROTECTED. SO I WONDERED, TOO, IN THAT LIST OF UNPROTECTED TREES MAYBE, OR THE INVASIVE ONES.

SO IF WE JUST SAID LIKE HEY, ANY TREE THAT FALLS ON THE US LIST OF INVASIVE TREES GO FOR IT, WHICH INCLUDES CRAPE MYRTLES.

IT INCLUDES BRADFORD PEARS.

LIKE ANYTHING THAT'S LISTED AS INVASIVE FOR TEXAS.

LIKE, PLEASE DO US THE FAVOR AND JUST GET RID OF IT.

THAT'D BE AWESOME. SO LET ME MAKE SURE I UNDERSTAND YOU'D WANT TO.

ANYTHING THAT'S LISTED ON AN INVASIVE LIST CAN BE TAKEN OUT WITHOUT PENALTY OR WITHOUT MITIGATION REQUIREMENTS.

YEAH, I THINK THAT IT'S TIME TO FEED MY DOG.

SORRY AGAIN. THAT'D BE A POLICY DECISION OF THIS BOARD TO MAKE A RECOMMENDATION.

IT'S NOT SOMETHING I'VE SEEN IN ANY OTHER ORDINANCES, BUT MAYBE YOU'VE SEEN SOMETHING.

I HAVEN'T. WHEN WE MAKE A RECOMMENDATION TONIGHT, WOULD THAT RECOMMENDATION BE? YOU GUYS UPDATED IN THE MEANTIME? PROBABLY WHAT I'M GOING TO ASK SINCE THERE'S A LOT HERE AND I DIDN'T GET HALF OF WHAT YOU JUST TALKED ABOUT.

SO WHAT I'D ASK IS WE'LL BRING THIS BACK TO YOU AT A NEXT MEETING.

I KNOW COUNCIL IS EXPECTING IT, BUT WE'LL JUST WAIT BECAUSE SINCE IT IS AN AMENDMENT TO THE ZONING ORDINANCE, YOU'VE GOT TO MAKE A RECOMMENDATION BEFORE THEY CAN LOOK AT IT, SO.

AND WES, YOU KNOW, I WAS TALKING ABOUT THAT FOLLOW UP BECAUSE YOU'VE GOT IN HERE, IF THE TREE DIES WITHIN THREE YEARS, WHAT WOULD BE THE MECHANISM? I MEAN, THAT'S A BURDEN.

[01:00:01]

I'M NOT SAYING I MEAN, YOU WANT TO PROTECT THE TREE, BUT HOW WOULD THAT BE TRACKED THAT THAT THAT WOULD HAPPEN? AND SOMETIMES I WILL TELL YOU, I'VE LIVED HERE FOR A WHILE, POST OAK AND BLACKJACK OAKS, WHICH ARE NATIVE OAKS HERE.

AND IF THE GRADE IS CHANGED AND IT TAKES A WHILE AND THEN THEY DIE.

IN FACT, I HAD ONE THAT HAPPENED TO.

SO I THINK IT'S GOOD.

IT'S JUST HOW DO WE TRACK IT? SO WE HAVE IN OUR POLICIES WHEN WE'RE ACCEPTING NEW INFRASTRUCTURE FOR NEW DEVELOPMENT.

THAT'S THE BEST EXAMPLE I CAN GIVE YOU.

THERE'S A MAINTENANCE BOND THAT GOES WITH THAT.

IT'S 2 TO 3 YEARS TYPICALLY.

SO THAT'S WE DO OUR FOLLOW UP INSPECTION ON THAT BEFORE WE OFFICIALLY ACCEPT IT AND LET THE MAINTENANCE BOND PASS.

OKAY. AND A GOOD. OKAY.

ALL RIGHT. WE'RE GOING TO MOVE WE'RE GOING TO LET JERRY ASK HIS QUESTION AND THEN COMMISSIONER OTTO HAS A QUESTION.

AND THEN WE'LL WE GOT TO SQUEEZE IN OUR PUBLIC HEARING AND WE CAN TALK DURING THE PUBLIC HEARING, TOO.

BUT WE GOT TO MAKE SURE WE GET THAT ON THE BOOKS.

OKAY, EVERYBODY, JUST AS A REMINDER.

OKAY. MY QUESTION IS ON 5.15G.C, AND IT MAY HAVE BEEN DISCUSSED, BUT THIS REPLACEMENT TREE SHOULD BE TWO INCHES IN DIAMETER, 4.5FT IN HEIGHT.

YOU KNOW, ONE OF THE COMPLAINTS I HEARD WHEN WHEN THEY WERE BUILDING GENERATIONS PARK WAS THEY TOOK MATURE TREES.

THE CITY TOOK MATURE TREES AND REPLACED THEM WITH STICKS.

IN TWO AND ONE HALF INCHES WIDE.

DOESN'T SEEM LIKE A VERY BIG REPLACEMENT TREE.

IF WE'RE TAKING OUT MATURE TREES AND I UNDERSTAND ON THE NEXT PAGE YOU'VE GOT THE MITIGATION, BUT IT STILL DOESN'T NECESSARILY SAY YOU'RE GOING TO REPLACE MATURE TREES WITH SOMEWHAT MATURE TREES.

IS THAT A COST? IT'S COST.

AND IT'S GOT TO BE I MEAN, WHAT WE DO HAS GOT TO BE REASONABLE IN SCOPE.

AND SO WE CANNOT MAKE LAND UNDEVELOPABLE AND SO I WOULD SAY THAT TWO INCHES IS THE STANDARD ACROSS MOST OF THE CITIES WE SURVEYED. I HAVE SEEN A FEW CITIES WITH THREE INCHES, BUT I'VE NOT SEEN MANY.

GO AHEAD. GO LARGER THAN THREE INCHES.

I JUST THINK, YOU KNOW, THE CITIZENS HAVE COMPLAINED THAT, HEY, WE'RE TAKING OUT MATURE TREES THAT PROVIDE A LOT OF SHADE AND WE'RE REPLACING THEM WITH TREES THAT MAY BE THE NEXT GENERATION WILL BENEFIT FROM.

I WOULD ONLY SAY MY ONLY RESPONSE TO THAT WOULD BE THAT KEEP IN MIND, WE'RE ASKING THEM TO REPLACE MORE THAN WHAT THEY'RE TAKING OUT CALIPER INCH WISE.

AND IT DOES TAKE TIME.

YOU'RE RIGHT. IT'S, THEY'RE NOT GOING TO BE THEY'RE NOT GOING TO PLANT BACK 25 INCH.

YOU KNOW AND I REALIZE THAT'S NOT REALISTIC.

RIGHT. THE SECOND QUESTION IS THIS PAYMENT TO A REFORESTATION FUND, HOW WILL THAT WORK? WHO WILL BE THE GATEKEEPER FOR THE REFORESTATION? IT'D BE JUST LIKE ANY OTHER PERMIT FEE THAT HAPPENS WHEN THEY COME THROUGH THEIR DEVELOPMENT PROCESS AND WE REVIEW THEIR TREE MITIGATION PLAN, THEN BEFORE THEY CAN GET PERMITS IN THIS CASE, BASED ON THE THIS ORDINANCE, BEFORE THEY WOULD BE ABLE TO FILE THEIR FINAL PLAT, THEN THEY'D HAVE TO PAY INTO THAT FUND.

AND IT'S A FUND THAT WOULD GO INTO THE CITY FINANCE OFFICE ESSENTIALLY, AND THEY MAINTAIN IT SPECIFICALLY FOR TREE REFORESTATION.

OKAY. IT'S VERY COMMON.

CITY OBVIOUSLY HAS MANY DIFFERENT FUNDS AND THEY COME WITH DIFFERENT REGULATIONS.

THIS WOULD JUST BE ADDING ANOTHER FUND TO IT.

OKAY. THANK YOU.

COMMISSIONER. JUST KIND OF LOOKING FORWARD ONCE THIS IS CLEANED UP AND PRESENTED AND PAST.

HOW IS THIS GOING TO AFFECT THE DEVELOPMENT OF BEDFORD COMMONS? BECAUSE I KNOW THE TREES ARE GOING TO BE A BIG ISSUE.

I'M LOOKING KIND OF I KNOW EVERYBODY'S LOOKING PAST ME, SO SHE DOESN'T WANT TO ANSWER THAT QUESTION RIGHT NOW.

BUT THAT'S THE BIG ELEPHANT IN THE ROOM.

LOOKING PAST ME. SO I'LL GIVE THAT ONE.

SO AGAIN, THIS WOULD GET PASSED.

BEDFORD COMMONS HAS NOT COME FORWARD YET, SO THE PROJECT WOULD FALL UNDER THE NEW TREE PRESERVATION ORDINANCE.

SO AGAIN, WE HAVE APPLIED THESE RULES TO OURSELVES.

I KNOW WE'VE PROVIDED SOME EXEMPTIONS, BUT THOSE EXEMPTIONS TO A MUNICIPALITY FOR RIGHT OF WAY AND OTHER THINGS LIKE THAT MUST EXIST IN ORDER FOR US TO PROVIDE THE SERVICES TO THE COMMUNITY WITHOUT PROVIDING A FINANCIAL BURDEN TO US.

BUT WHEN IT COMES TO DEVELOPMENT LIKE THIS, WE CAN CONTINUE TO DO THAT AGAIN.

OUR GOAL ULTIMATELY IS THAT I'M NOT THE OWNER OF THAT PROPERTY A WHOLE LOT LONGER, AND SO I'M GOING TO TRANSFER THAT TO A DEVELOPER AND THAT THEY WILL DEVELOP IT IN ACCORDANCE WITH THIS ORDINANCE.

THAT'S OUR THOUGHT ON THIS.

OKAY. YEP.

I KNOW THAT QUESTION IS GOING TO GET ASKED BY SOMEBODY SOMEWHERE.

[01:05:05]

YEP. YEAH. AND I THINK THE IT'S AN IMPORTANT POINT TO MAKE AND LARRY MAY WANT TO CHIME IN OR KICK ME.

I'M NOT SURE.

BUT WE AS A MUNICIPALITY HAVE TO BE.

I'VE SEEN IT. IT'S A BALANCING ACT TRYING TO GET THE EQUILIBRIUM RIGHT HERE.

BUT WE HAVE TO BE EXTREMELY CAUTIOUS ON HOW FAR WE GO TO GET KIND OF THAT RIGHT BALANCE.

WE JUST WE'VE GOT TO BE VERY CAREFUL BECAUSE IF I PUT SOMETHING OUT THERE THAT BASICALLY PROHIBITS THE SITE FROM BEING DEVELOPED OR PUTS SUCH A FINANCIAL BURDEN ON IT, WE ASSUME LIABILITY IN THAT SITUATION.

WE OPEN OURSELVES UP TO LITIGATION AND THAT HAS OCCURRED.

SO AGAIN, WE WANT TO GET SOMETHING OUT THERE THAT THAT BALANCES EVERYTHING AND GETS THE DEVELOPERS TO THINK AND PLAN.

AND HEY, LOOK, IF WE CAN DO A CURVED DRIVE INSTEAD OF A STRAIGHT DRIVE, BUT WE HAVE TO WHAT WE'VE PUT HERE IS AN ATTEMPT TO KIND OF BALANCE ALL OF THAT.

SO WE ARE TRYING TO BE VERY CAUTIOUS AND NOT OPEN OURSELVES UP FOR ANY LITIGATION.

NO, I UNDERSTAND ALL THAT.

AND I AGREE WITH MAJORITY OF WHAT EVERYTHING'S BEEN DONE HERE.

I JUST I JUST LOOKING AT THE ELEPHANT IN THE ROOM.

OH, YEAH, YEAH. NO, AND I GET IT.

AND AGAIN, I'VE BEEN ASKED THAT IS IT EXEMPT FROM EVERYTHING? AND THE ANSWER IS NO. AND LIKE I SAID, MY INTENTION IS I'M NOT HERE TO DEVELOP.

THE CITY IS NOT HERE TO DEVELOP BEDFORD COMMONS.

WE ARE HERE TO PRIME IT, PREP IT AND GET IT READY TO PASS ON TO A PRIVATE DEVELOPER WHO WOULD JUST LIKE ANYONE ELSE, FOLLOW THESE REQUIREMENTS.

OKAY. I KNOW CAMPUS WEST DOESN'T HAVE VERY MANY TREES OUT THERE ANYWAY, SO THAT'S NOT AN ISSUE.

SO WE'LL TRY TO KEEP WHAT'S THERE.

JUST JUST ONE MORE COMMENT JUST FOR WES, BECAUSE YOU MENTIONED THAT OTHER CITIES HAVE A THREE INCH RATHER THAN A TWO.

AND THAT KIND OF GOES WITH WHAT MR. SMITH WAS TALKING ABOUT.

I CAN TELL YOU MY OWN NEIGHBORHOOD BECAUSE I'VE BEEN DEALING WITH THE TREE ISSUE ALL WEEK, REQUIRES IF A RESIDENT IS GOING TO REPLACE A TREE, THEY HAVE TO GO IN WITH THREE INCH. I WOULD LIKE TO SEE THAT IF THAT'S POSSIBLE RATHER THAN TWO.

I REALIZE WHEN YOU'RE GETTING INTO LARGE TREES, YOU HAVE TO BRING THEM IN WITH A TREE SPADE THAT BECOMES ECONOMICAL, BUT BETWEEN 2 AND 3 IT'S AT LEAST A LITTLE LARGER.

SO IF THAT IS AMENABLE, I'D LIKE TO SEE IT.

I MEAN, THIS IS A P AND Z DECISION.

STAFF JUST BROUGHT YOU SOMETHING TO START WITH AND THEY DID.

AND IT'S A GREAT ORDINANCE.

LIKE I SAID, I WISH WE HAD IT 30 YEARS AGO.

ALL RIGHT. IT'S 7:07.

WE WILL OPEN THE PUBLIC HEARING ON THIS ITEM AND CONTINUE OUR DISCUSSION SO THAT WE HAVE A PUBLIC HEARING ON THE BOOKS.

ONE ADMINISTRATIVE THOUGHT IS THAT FOR THOSE OF YOU WHO HAVE DONE TREE EXPERT HOMEWORK, INCLUDING CHIPPING THE TREES SO WE KNOW WHERE THEY GO, WOULD IT BE APPROPRIATE FOR STAFF TO GET INDIVIDUAL EMAILS WITH THEIR NOTES AND SUGGESTIONS? DO WE NEED TO DO THAT AS A GROUP? BECAUSE I IMAGINE WE'RE GOING TO HAVE TO TRY TO CONSOLIDATE THIS AND LOOK AT THE CHANGES AND SUGGESTIONS BASED ON CHANGES TO THIS DOCUMENT IN A SUBSEQUENT MEETING IN ORDER TO GET THIS DONE.

SO WHAT CAN WE DO MECHANICALLY THAT BEST HELP STAFF ACCOMPLISH THAT? HERE'S HERE'S WHAT I WOULD PROPOSE.

IF EACH OF YOU HAVE CHANGES OR SOMETHING THAT YOU'D RATHER SEE, EMAIL THEM TO ME.

WHAT I WILL DO IS I'LL CREATE A DOCUMENT THAT YOU'VE GOT THIS.

THIS IS A CLEAN VERSION.

AND SO WHAT I'LL DO IS I'LL CREATE A MARKED UP VERSION AND I'LL JUST PUT IN THERE EVERYBODY'S COMMENTS AND WHAT THEY WOULD LIKE TO SEE OR QUESTIONS THAT THEY HAVE.

AND THEN I'LL BRING THAT BACK TO YOU AT A FUTURE MEETING AND THAT HOPEFULLY THAT WAY YOU CAN SEE KIND OF WHAT YOUR OPTIONS ARE WHEN YOU'RE LOOKING AT IT.

AND DOES THAT SOUND GOOD TO EVERYBODY? DOES THAT WORK THE WAY WE CAN SCRUB THROUGH THE MULTIPLE SUGGESTIONS AND.

RIGHT. MESH THEM TOGETHER? GOOD FOR EVERYBODY. OKAY.

IT SEEMS LIKE THE CLEANEST WAY TO DO IT.

I THINK WE COULD GET THAT DONE, TO WES IN THE NEXT TEN DAYS.

YEAH, NO PROBLEM. THEN THAT GIVES HIM TIME TO IF WE HAVE TO FORMAT TO OUR MEETING NEXT MONTH.

WITHOUT GOING THROUGH THIS FOR EVER BACK AND FORTH IN LINE TO CHANGE WORD FOR.

OKAY. ALL RIGHT.

I HAVE ONE OTHER QUESTION JUST JUST AS A MORE OF AN ANDREA QUESTION, BUT I'LL ASK BOTH OF YOU, IS THERE ANYTHING OUT THERE FLOATING AROUND THAT MAKES THIS A SPECIFICALLY TIME SENSITIVE ITEM? I WOULD SAY IS THAT COUNCIL IS EXPECTING IT.

COUNCIL WAS EXPECTING IT.

AND SO WE WANT TO MAKE SURE, COUNCIL, WE KEEP COUNCIL HAPPY.

AND I KNOW COUNCIL AGAIN, WOULD WANT THE FEEDBACK FROM THIS GROUP.

SO STAFF ISN'T GOING TO SIT BACK AND JUST NOT DO SOMETHING.

[01:10:03]

WE'RE GOING TO MOVE FAST. NO, WE'RE FINE.

AND WE APPRECIATE THIS FOR OBVIOUSLY THIS HAS BEEN A LOT TO DIGEST, BUT I UNDERSTAND SOME OF OUR COMMISSIONERS HAVE DONE A REALLY GREAT JOB OF DISSECTING IT.

SO APPRECIATE EVERYBODY'S INPUT THERE.

I BELIEVE WE HAVE AN ALL STAR OVER HERE IN THE TREE PRESERVATION INDIGENOUS SPECIES.

SO BUT THAT'S YOU KNOW, THAT'S IMPORTANT BECAUSE YOU COULD GO ALONG PRETTY SOON AND WE COULD TURN AROUND AND THERE IN A TREE IN SIGHT.

YOU KNOW, AND THIS WILL LOOK LIKE NORTH PLANO.

YOU KNOW, I WOULD TO THAT POINT AND I THINK THAT'S YOU REMINDED ME OF WHAT I WAS GOING TO RESPOND TO MR. GALLENSTEIN ABOUT. IT IS IMPORTANT TO RECOGNIZE WE ARE 98% BUILT OUT.

AND WHILE I THINK EVERYTHING THAT WE HAVE, WE NEED TO PROTECT, WHAT THAT EQUATES TO IS 165 ACRES.

AND I CAN'T EVEN SAY THAT 165 ACRES IS DEVELOPABLE.

THAT'S 165 ACRES THAT ARE VACANT, WHICH PROBABLY THE MAJORITY OF THAT IS FLOODPLAIN THAT YOU CAN'T DEVELOP ANYWAY.

SO WHILE THIS ORDINANCE IS IMPORTANT AND IT'S IMPORTANT GOING FORWARD TO YOUR POINT, IT'S NOT OUR END ALL, BE ALL SO.

AND IT WOULD HAVE APPLIED TO NICOLE COURT TODAY.

IF THIS ORDINANCE WAS IN PLACE ON THAT DEVELOPMENT 32 YEARS AGO.

I MEAN, IT WOULD APPLY TO THEIR DEVELOPMENT IF THAT LOT HAD.

AND IT DOES HAVE TREES, IT WOULD APPLY TO IT IN SOME IT WOULD APPLY TO IT IN SOME RIGHT WAY.

OKAY. ALL RIGHT.

THAT'S I JUST WANTED TO KIND OF SUMMARIZE THAT AND AND GET A MECHANISM THAT WE CAN RESPOND EFFECTIVELY TO.

YOU SURE APPRECIATE THAT.

OKAY. ANYONE ELSE GOT ANYTHING? YES, MA'AM. OH, APPRECIATE YOU.

WELCOME TO OUR MEETING. THANK YOU.

THIS IS A FUN TOPIC FOR ME.

WE'VE HAD A GOOD TIME GOING THROUGH THIS AND REALLY ANALYZING AGAIN.

LIKE WES SAID, WE'VE DONE A LOT OF HOMEWORK AND TRIED TO MAKE IT FIT.

BEDFORD. THE ONE THING I JUST WANTED TO ADDRESS BECAUSE I COMPLETELY UNDERSTAND THE CONCERN, THIS IS ALL WRITTEN ON PAPER, BUT HOW ARE WE GOING TO ACTUALLY ADMINISTER AND ENFORCE IT? AND SO I JUST REALLY WANT TO LET YOU ALL KNOW THE ORDINANCE CAN ONLY DO WHAT IT CAN DO.

YOU'VE GOT TO HAVE STAFF IN THE OFFICE TO DO THAT.

BUT TECHNICALLY, ANY TIME YOU HAVE AN APPROVED SITE PLAN THAT'S SHOWING WHAT'S HAPPENING, WE'RE PRESERVING TREES, WE'RE ADDING THIS.

THAT BECOMES A DOCUMENT BY WHICH OUR CODE ENFORCEMENT OFFICERS MAY OPERATE.

SO AGAIN, IF SOMEONE LETS THE TREE DIE WITHIN THREE YEARS, WE HAVE FULL ABILITY.

IT'S SIMPLY A MATTER OF AGAIN, AND THAT'S AN INTERNAL ISSUE THAT REALLY OPERATIONALLY SHOULD BE KIND OF ALMOST ON AUTOPILOT.

THESE SITE PLANS ARE APPROVED.

THEY BECOME WHAT IS REQUIRED OF A SITE.

AND SO TECHNICALLY THAT TREE DIES THREE YEARS FROM NOW.

OUR CODE OFFICERS SHOULD BE WELL VERSED AND TRAINED AND UNDERSTAND.

NOW, AGAIN, OBVIOUSLY WITH THE HELP OF A PLANNER WHO'S LOOKING AT THAT ALSO, BUT THOSE KIND OF THINGS ARE WE'VE GOT TEETH, I GUESS, IN ORDER TO DO THAT.

SO I JUST WANT YOU ALL TO BE AWARE AND KIND OF JUST SET SOME MINDS AT EASE, PERHAPS, THAT OPERATIONALLY WE ARE OBLIGATED TO ADMINISTER AND ABIDE BY THIS ORDINANCE AS WELL. SO WE HAVE CODE OFFICERS ON STAFF AND THESE SITE PLANS WHERE THEY SAY THESE THINGS ARE ARE WATCHED AND ADMINISTERED AND SHOULD BE REVIEWED ON A REGULAR BASIS.

SO THOSE ARE KIND OF THEIR TICKETS TO APPROVAL AND THINGS CHANGE FROM THAT.

I WILL TELL YOU THAT WE HAVE A COUPLE DEVELOPED CENTERS THAT HAVE APPROVED LANDSCAPE PLANS, AND I KNOW THAT'S KIND OF ANOTHER SUBJECT, BUT THAT HAVE LANDSCAPE PLANS WHERE WE'VE ALL LOST THE INDIAN HAWTHORNS FROM THE FREEZE.

AND AGAIN, WE DIDN'T WANT TO COME OUT AND KIND OF GO AFTER EVERYONE.

BUT THAT'S SOMETHING THAT WE WILL BE DOING IS THAT THEY ARE REQUIRED, ACCORDING TO THEIR APPROVED PLAN, TO REPLANT THAT LANDSCAPING.

SO THIS IS KIND OF AN EXAMPLE OF THAT.

WE WE DO HAVE THE WE'VE GOT THE ABILITY AND IT'S THERE AND WE SHOULD OPERATIONALLY, IT'S OUR JOB TO DO THIS AS STAFF.

EXCELLENT. SO, OKAY, YOU'RE RIGHT.

THIS IS KIND OF FUN. I BROUGHT A COPY OF A TREE ORDINANCE FROM ANOTHER CITY THAT I HELPED WRITE IN 1996.

SO IT'S A FUN THING TO DO.

ALL RIGHT. IT IS 7:14, I CLOSE OUR PUBLIC HEARING.

THIS ITEM IS UP FOR OUR VOTE.

AND I'M THINKING THAT WHAT WE WANT TO DO IS WE WANT TO VOTE TO TABLE THIS ITEM.

SUBMIT OUR CHANGES AND SUGGESTIONS TO STAFF WITHIN TEN DAYS FOR STAFF TO.

COOL COMPILED COMPILED AND AND PROVIDE US AT OUR NEXT, HOPEFULLY OUR NEXT SCHEDULING MEETING.

WE GET THIS TO COUNCIL BEFORE THE END OF NEXT MONTH.

THAT'S THE MOTION.

I'LL SECOND THAT MOTION.

ALL THOSE IN FAVOR, RAISE YOUR HAND.

OKAY. OPPOSED? PASSES UNANIMOUSLY. IS THAT GOOD ENOUGH FOR YOU? WE WILL DO OUR BEST TO GET IT TO YOU AT YOUR NEXT AVAILABLE MEETING.

BUT YES.

YES, THE ONUS IS ON US FOR THE TEN DAYS TO GET IT TO YOU.

[01:15:02]

YES, THAT'S OUR RESPONSIBILITY.

UNDERSTOOD. ALL RIGHT.

MOTION PASSES.

ALL RIGHT. ITEM FIVE.

[5. Conduct a public hearing regarding an amendment to and amending Ordinance 2325 of the City of Bedford Subdivision Ordinance, amending Chapters 5 (Subdivision Design Standards), Chapter 6 (Public Services Development Policies) and replacing the existing Chapter 7 (Tree Preservation) with a new Chapter 7 (Land Distributing Activities) regulations. ]

CONDUCT A PUBLIC HEARING REGARDING AN AMENDMENT TO AND AMENDING ORDINANCE 2325 OF THE CITY OF BEDFORD SUBDIVISION ORDINANCE.

IN THE INTEREST OF TIME, I'M GOING TO OPEN THE PUBLIC HEARING AT 7:15.

WE MAY NOW DISCUSS AND ASK QUESTIONS.

I WILL BE VERY BRIEF.

THIS AND REALLY I'LL PROBABLY BE ASKING FOR A TABLE ON THIS ITEM AS WELL, BECAUSE THE TWO ITEMS GO HAND IN HAND.

THE REASON WE ARE BRINGING THE SUBDIVISION ORDINANCE TO YOU IS BECAUSE CURRENTLY CHAPTER SEVEN IS THE TREE PRESERVATION ORDINANCE.

SO IF YOU'RE GOING TO MOVE IT OUT OF THE SUBDIVISION ORDINANCE INTO THE ZONING ORDINANCE, YOU'VE GOT TO AMEND THE SUBDIVISION ORDINANCE.

AND SO WHAT STAFF DID IS WE SAW, OKAY, THIS IS AN OPPORTUNITY TO FIX SOME OF THE GLARING ISSUES THAT WE HAVE WITH THE SUBDIVISION REGS.

IT'S NOT A COMPLETE REWRITE OF THE SUBDIVISION REGS.

IT'S REALLY JUST FOCUSING ON THERE'S SOME OTHER THAN SOME VERY MINOR LANGUAGE TWEAKING.

THE CHANGES ARE REALLY FOCUSED ON CHAPTERS FIVE, SIX AND SEVEN.

SO REAL QUICK, I'LL AND DID NOT GO INTO DETAIL WITH THAT REAL QUICK.

WHAT I WILL DO IS GO INTO DETAIL ON WHAT THE CHANGES IN CHAPTER FIVE ARE.

AS SOON AS MY TRUSTEE LITTLE THING GETS GOING HERE.

CHAPTER. WELL, LET ME START WITH CHAPTER FIVE.

CHAPTER FIVE IS THE PUBLIC SERVICES.

AND SORRY, GIVE ME ONE SECOND HERE.

I THOUGHT I WAS READY.

SUBDIVISION DESIGN STANDARDS.

PRIMARILY WHAT WE TOUCHED HERE IS AND SOME OF THIS CAME UP IN OUR PLAT TONIGHT, BUT FOR INSTANCE, ON COMMON LOTS OR LOTS THAT ARE TO BE MAINTAINED BY AN ASSOCIATION OF SOME SORT, WE'RE REQUIRING ALL THOSE.

NOW, FOR INSTANCE, THE QUESTION ABOUT THE COMMON LOT AND WHAT IS IT AND HOW IT WORKS.

IT'S A LOT THAT THE SUBDIVISION IS USING, WHETHER IT BE OPEN SPACE, WHETHER IT BE FOR DRAINAGE OR SOME OTHER INFRASTRUCTURE.

THAT'S WHAT IT IS.

WE WANT TO MAKE SURE THE CITY DOESN'T GET STUCK MAINTAINING THAT LOT.

AND SO THIS WE ADDED SOME LANGUAGE IN THERE TO MAKE SURE THAT HOA'S ARE ESTABLISHED TO MAINTAIN THOSE LOTS.

WE ALSO INCREASED THE REQUIRED SIZE OF SIDEWALKS ALONG ALL ROADWAYS FROM 4 FOOT TO 5 FOOT.

IT'S KEEPING WITH CITY STANDARDS THESE DAYS.

AND THEN WE ALSO REQUIRED SOME CROSS ACCESS EASEMENT IN NON RESIDENTIAL DEVELOPMENTS.

YOU'LL SEE A LOT OF TIMES AND IT CAME UP IN IN A RECENT APPLICATION THAT WAS BEFORE YOU STAFF WANTED TO ENCOURAGE SOME CROSS ACCESS BETWEEN TWO DIFFERENT USERS SO THAT WE WEREN'T FUNNELING ALL THE TRAFFIC OUT TO A SERVICE ROAD AND WE WERE KEEPING THAT TRAFFIC SOMEWHAT INTERNAL.

WE DIDN'T HAVE THAT REQUIREMENT TO ENFORCE IT.

THEREFORE THE APPLICANT DIDN'T DO IT.

BUT SO WE PUT SOME LANGUAGE IN THIS ORDINANCE TO NOW ENFORCE THAT.

SO THAT'S CHAPTER FIVE, CHAPTER SIX.

WE PROVIDE SOME LANGUAGE IN THERE THAT REALLY, WHILE WE SOMETIMES ASK AND BEG AND PLEAD APPLICANTS TO DO TRAFFIC IMPACT ANALYSIS BECAUSE WE DON'T HAVE ANY REAL TRUE STANDARD TO SAY THAT IT'S REQUIRED, WE'VE NOW PUT THAT STANDARD IN THERE TO SAY THAT WHEN IT IS REQUIRED.

WE'VE ALSO ADDED A DRAINAGE REQUIREMENT IN THERE THAT WILL ADDRESS SOME OF THE ISSUES THAT WE HAD ON THIS LAST PLAT.

IF YOU RECALL, Y'ALL ADDED A CONDITION FOR DRAINAGE EASEMENTS ON ALL SIDE, DRAINAGE EASEMENTS.

WE DIDN'T HAVE THAT REQUIREMENT, SO STAFF COULDN'T REQUIRE THAT.

BUT NOW WE BY AMENDING THIS ORDINANCE, WE WILL HAVE THAT REQUIREMENT FOR OFF SITE DRAINAGE EASEMENTS.

YOU'RE WELCOME. THANK YOU.

AND THE LAST THING ON THAT ONE IS GOING TO BE WE UPPED OUR STANDARD WATER AND SEWER MAINS SIZE FROM 6 TO 8.

THAT'S A STANDARD PRACTICE THAT WE'RE ALREADY DOING.

WE JUST LIKE TO UPDATE THE ORDINANCE TO MAKE SURE IT'S CONSISTENT.

AND THEN IN CHAPTER SEVEN, WE'RE OBVIOUSLY REMOVING TREE PRESERVATION, BUT WE'RE ADDING A NEW SECTION CALLED LAND DISTURBING ACTIVITIES, PRIMARILY THAT'S FOR GRADING OR ANYTHING TO THAT NATURE.

AND IT RIGHT NOW IN THE CITY OF BEDFORD, WE REALLY FOLLOW A STATE STANDARD, WHICH IS ANYTHING LARGER THAN I BELIEVE IT'S AN ACRE.

IF YOU'RE UNDER AN ACRE, YOU CAN GRADE, YOU CAN STOCKPILE, YOU CAN DO WHATEVER YOU WANT TO WITHIN REASON ON THAT PROPERTY WITHOUT GETTING ANY TYPE OF GRADING PERMIT.

THIS CHANGES THAT TO ANYTHING GREATER THAN 2000FT².

YOU NEED A GRADING PERMIT TO DO ANYTHING ON YOUR LOT.

SO WE'VE GOT SOME ISSUES IN TOWN WHERE WE'VE HAD SOME PEOPLE THAT HAVE DONE SOME GRADING AND THEY REALLY SHOULD HAVE GOTTEN A PERMIT BECAUSE THEY'VE AFFECTED SOME THINGS UPSTREAM

[01:20:02]

RECORDING OR AS FAR AS DRAINAGE.

SO THIS IS THE PURPOSE IN AMENDING THAT SECTION AND ADDING THAT REQUIREMENT.

WITH THAT, I'LL ANSWER ANY QUESTIONS YOU HAVE.

GOT ONE. YES, SIR.

THIS IS JUST A CLERICAL WORK.

A CLARIFICATION OF THE CHAPTER SIX.

IT'S ON PAGE 25.

IT'S THE WHERE THE STORMWATER RUNOFF FROM TWO OR MORE ACRES.

NOW, YOU'RE TALKING ABOUT THAT THAT STORMWATER RUNOFF GOING TO AN ENGINEERED.

SPACE LIKE A RETENTION DETENTION POND.

SO IT'S NOT JUST BECAUSE WE'VE GOT TWO PORTIONS OF OUR COMMUNITY WHERE THERE ARE HALF A DOZEN HOMES OR MORE WHERE THE WATER FLOWS DOWNHILL AND IT'S NOT COLLECTED IN ANY ONE SPOT.

SO IT'S NOT THAT RIGHT.

IT'S IT'S LIKE THAT LOT SIX IN.

OKAY. THANK YOU.

YES, SIR. LET ME AND I SEE THAT YOU'RE DOING PARTS OF THIS BECAUSE THIS IS HAVING BEEN INVOLVED WITH THIS IN TWO DIFFERENT HOMES.

IS PRESIDENT OF THOSE HOMES ARE WE LOOKING AND I SEE WHAT YOU'RE TRYING TO DO HERE.

ARE WE LOOKING TO DO A COMPREHENSIVE REVIEW OF THIS TOTAL SUBDIVISION ORDINANCE? AND I'M NOT PUTTING SOME TYPE OF A DATE ON IT BECAUSE IT'S A MASSIVE.

BUT THERE'S NO DOUBT FROM MY PERSPECTIVE THAT IT CERTAINLY NEEDS UPDATING AND CHANGES.

AND WHEN I SAW THE NUMBER ONE WHERE YOU HAD HOA RESPONSIBLE FOR MAINTAINING COMMON LOTS, ARE WE LOOKING TO DO WHAT SOME EVEN THOUGH WE DON'T HAVE A WHOLE LOT STILL TO DEVELOP, ARE WE LOOKING TO DO WHAT SOME CITIES HAVE DONE AND WHEN IT'S A NEW DEVELOPMENT, REQUIRE A MANDATORY HOA? I DON'T KNOW IF WE'RE THERE YET, BUT HERE'S WHAT I'LL ANSWER YOUR FIRST QUESTION.

YES, WE I STAFF AND I THINK EVERYBODY UNDERSTANDS THAT WE NEED TO DO SOME MAJOR UPDATING ON ORDINANCES, NOT JUST SUBDIVISION ON ZONING AS WELL.

TYPICALLY, WHAT WE DO FIRST IS AND WHAT IS THE GUIDING DOCUMENT TO DO? THOSE AMENDMENTS IS OUR MASTER COMPREHENSIVE PLAN.

WE'RE IN THE PROCESS OF THAT AND WE'RE GOING TO TALK ABOUT THAT IN MY NEXT AGENDA ITEM.

BUT WE'RE IN THE PROCESS OF DOING THAT.

ONCE WE GET THAT DOCUMENT, WHICH HOPEFULLY BY THE END OF THE YEAR WE'LL HAVE THAT, THEN THAT WILL GIVE US GUIDING PRINCIPLES ON TO DO THOSE MAJOR OVERHAULS OF ZONING AND SUBDIVISION. DOES THAT ANSWER DOES THAT HELP? OKAY, THAT'S FAIR ANSWER, YES.

OKAY. COMMISSIONER OTTO, THIS JUST A QUESTION ON PAGE EIGHT OF 35.

YOU HAVE A BLOCK THERE THAT SAYS APPROVED BY PLANNING AND ZONING COMMISSION ON SO-AND-SO DATE, CHAIRPERSON, PLANNING AND ZONING COMMISSION, AND THEN YOU HAVE A PLANNING AND ZONING SECRETARY. WHO'S THAT? IT'S ME, JOSE.

ANDREA, WHOEVER YOU HAVE THAT NIGHT.

I WAS JUST. I WAS JUST WONDERING.

AND WHEN WE TALK ABOUT THIS DRAINAGE THING, LUNA COURT, WHICH IS WAS APPROVED SOME TIME AGO OFF OF WOODSON.

THAT DRAINAGE WOULD APPLY TO IT, THAT THAT THAT PROPERTY IS PLOTTED.

SO THAT IS THAT IS A DONE DEAL.

SO EVERYTHING THIS IS AFFECTING EVERYTHING NEW MOVING FORWARD.

OKAY. ONCE ASSUMING IT IS ASSUMING IT'S OKAY.

OKAY, THAT ANSWERS MY TWO QUESTIONS.

THANK YOU. THANK YOU.

ALL RIGHT. IT IS 7:23, I'LL CLOSE OUR PUBLIC HEARING.

YOU HAVE ANY OTHER ITEMS THAT WE'D LIKE TO TALK ABOUT? ROGER, THANK YOU FOR THAT.

THOUGHT ABOUT THE ENTIRE SUBDIVISION ORDINANCE.

AND WE LOOK FORWARD TO BEING TASKED WITH ADDITIONAL HOMEWORK IN THE FUTURE FOR HELPING WITH THAT.

ANYBODY? ANYTHING? ANYBODY ELSE. SO.

ANYBODY HAVE ANYTHING ELSE? ALL RIGHT, WES. SO WHAT I'D ASK IS JUST A MOTION TO TABLE.

YES. AND THIS WILL JUST RUN WITH YOUR TREE PRESERVATION ORDINANCE.

IF YOU ALL ARE OKAY WITH THAT, I MOVE THAT WE TABLE THIS ITEM.

I'LL SECOND THAT MOTION.

ALL THOSE IN FAVOR.

OPPOSED? OKAY. PASS UNANIMOUSLY.

THIS ITEM NUMBER FIVE IS TABLED UNTIL WE HANDLE THE OTHER ITEM FIRST.

THIS IS ANOTHER ONE OF THOSE.

HAVE TO DO THAT ONE FIRST BEFORE WE COULD.

IT HELPS REMOVE IT FROM HERE AND REPLACE IT WITH SOMETHING THAT WE HAVE TO.

AND ON THAT NOTE, OBVIOUSLY, IF THERE ARE ANY OTHER CONCERNS OR ANYTHING THAT SOMEBODY WOULD LIKE TO SEND ME COMMENTS ON THAT AS WELL, I'LL TRY TO INCORPORATE THEM THE SAME WAY WE DID ON THE TREE PRESERVATION ORDINANCE.

THANK YOU. WHAT DO YOU DO? PROJECT UPDATES. NOW PLEASE TELL US A STORY.

[UPDATE ON PLANNING PROJECTS]

OR, YOU KNOW, AS LONG AS YOU DON'T QUESTION MY TIES, I'LL BE OKAY.

THE I KNOW.

YEAH. SO YOU ONLY EVEN GET TO TELL YOU I APOLOGIZE.

LOOK AT YOU REAL QUICK ON THE PROJECT UPDATE.

I'M GOING TO HIT THE HIGHLIGHTED SECTIONS.

[01:25:01]

YOU APPROVED THE FINAL PLAT FOR NICOLE COURT TONIGHT, SO THAT'LL BE CHANGED GOING FORWARD.

COMBAT ARCADE, BASED ON ALL THE RESEARCH STAFF HAS DONE, IT APPEARS THAT THAT HAS THAT BUSINESS IS NO LONGER IN BUSINESS.

THE INDEPENDENT HOTEL WAS DENIED BY CITY COUNCIL, THE TRINITY RIVER AUTHORITY REPLAT THAT HAS BEEN APPROVED AND WE'RE WAITING ON BUILDING PERMIT SUBMITTAL 201 HARWOOD, WHICH IS THE BANQUET FACILITY REQUEST ON HARWOOD ROAD THAT WAS APPROVED BY CITY COUNCIL TO A NON BEDFORD ROAD, THE SUP FOR THE BANQUET FACILITY THAT WAS APPROVED BY CITY COUNCIL.

AND THEN THE KING OF KING 505, WHICH IS CHURCH AT 505 BEDFORD ROAD THAT WAS APPROVED BY CITY COUNCIL.

SO THAT TAKES CARE OF MY SUMMARY FOR UPDATED PROJECTS.

I HAVE TWO MORE ITEMS, IF I MAY, BUT NO, GO AHEAD.

SO JUST REVIEW FOR US YOUR THOUGHTS AND SOME OF THE WHAT HAPPENED DURING THE MEETING AT COUNCIL FOR THE TWO DIFFERENT EVENT ITEMS THAT WE WRESTLED WITH QUITE STRENUOUSLY.

I THINK COUNCIL WAS VERY APPRECIATIVE OF P&Z'S WORK ON TRYING TO GET A CONDITION ADDED TO THOSE THAT WOULD ADDRESS THE CONCERNS THAT YOU ALL HAD AND I THINK COUNCIL HAD AS WELL.

WHERE THEY FINALLY LANDED ON THAT WAS THEY REQUIRED JUST ONE LICENSED PEACE OFFICER AND A LICENSED TABC LICENSED BARTENDER IF ALCOHOL WAS BEING SERVED AND THAT CONDITION WAS PLACED ON BOTH OF THOSE, DID THAT DID THEY SPECIFY BEDFORD POLICE OFFICER AS THE CHIEF HAD REQUESTED OR I BELIEVE THAT WAS THE SPECIFICATION? YES. YES. WELL, I WANT TO THANK COMMISSIONER OTTO FOR DRIVING THIS WHOLE BUS WHERE WE NOW HAVE SET A PRECEDENT IN THE CITY FROM THIS THESE DESKS FOR THOSE KIND OF ACTIVITIES AND THOSE REQUESTS ON SOMETHING THAT WE NEVER USED TO HAVE BEFORE AS A CITY.

AND NOW. AND NOW WE HAVE.

SO THANKS TO EVERYBODY, BUT SPECIFICALLY COMMISSIONER OTTO.

AND I APPRECIATE THE WORK ON THAT.

BUT MY ORIGINAL QUESTION WAS HOW IS THE NOTIFICATION PROCESS? AND I NOTICE THAT THE POLICE CHIEF DID SAY USING BEDFORD OFFICERS THAT THEY HAVE TO CHECK IN AND SAY THAT THEY'RE GOING TO BE WORKING THAT.

SO THAT'S KIND OF THE INFORMAL THING I WAS LOOKING FOR IN TERMS OF NOTIFICATION IF I HEARD HIM CORRECTLY.

AND I JUST WANT TO MAKE SURE WE'RE ALL CLEAR ON THAT WHAT THAT IS.

IF THE IF THE BUSINESS OWNER ENLISTS THE BEDFORD POLICE.

SO THAT'S THE BIG IF.

YES. YES.

BUT HE ALSO SAID THAT HIS BEAT OFFICERS WOULD CHECK THOSE PLACES AS WELL.

IT'S PART OF THEIR NORMAL.

YES. YES.

YEAH. SO THAT'S WHAT I WAS LOOKING FOR IS TO BE SURE THAT WE WERE AWARE OF THAT.

AND I SAID, WE UNDERSTAND THE STAFF WAS AWARE OF THOSE THOSE EVENTS GOING ON.

AND, YOU KNOW, THEY DON'T GET SUCKED INTO SOMETHING THEY DON'T KNOW ABOUT.

I GUESS THAT'S WHAT I'M SAYING.

AND AGAIN, THAT'S THAT IS IN THE CITY ATTORNEY EVEN SAID IT THE OTHER NIGHT.

IT'S ALL DEPENDENT UPON THE APPLICANT DOING THE RIGHT THING.

SO LET'S HOPE THEY DO.

EXACTLY. THANK YOU VERY MUCH.

SURE. THANK YOU FOR CLARIFYING.

I JUST THOUGHT IT WAS IMPORTANT FOR THE COMMISSIONERS TO UNDERSTAND HOW THAT WENT.

I UNDERSTAND. LET ME ASK ONE QUESTION, WES AND I'VE ASKED THIS BEFORE ON SOME OF THESE PROJECTS THAT GET APPROVED PLANNING AND ZONING, MAYBE EVEN GET TO COUNCIL AND THEN THEY JUST KIND OF SIT AND FOR WHATEVER REASON AND SINCE WE'VE GOT THE COMPREHENSIVE PLAN AND THEN YOU TALKED ABOUT ZONING ORDINANCE IS DO WE ARE WE GOING TO LOOK AT THE FACT IF THEY'RE ON THE BOOKS FOR LIKE KIND OF FOREVER, THAT MAYBE THE APPLICANT NEEDS TO COME BACK AND REAPPLY, THAT THERE'S SOME KIND OF A TIMETABLE ON THIS, THAT THEY JUST DON'T SIT THERE APPROVED AND THEN NOTHING HAPPENS.

SO TWO PARTS ON THAT.

ONE, THIS THE ZONING ORDINANCE ALREADY FOR SUPS DOES REQUIRE A BUILDING PERMIT TO BE APPROVED WITHIN THAT ONE YEAR TIME FRAME.

SO WE'VE GOT THAT PART.

THE OTHER PART OF THAT IS AND I'LL USE LET ME JUST LET ME PICK ON THE NICOLE COURT SINCE WE'VE PICKED ON IT TONIGHT ENOUGH.

ONCE THEIR FINAL PLAT IS APPROVED, THEY'RE VESTED.

I'M GOING TO GET INTO A LEGAL PORTION HERE.

SO THE ATTORNEY MAY KICK ME HERE.

BUT I MEAN, VESTING RIGHTS HAS A WHOLE DIFFERENT STATUTE IN STATE LAW THAT THAT THEY HAVE TO FOLLOW AND THE CITY CAN'T REALLY OVERRIDE THAT.

SO AND I KNOW LARRY WILL SAY SOMETHING BECAUSE I'M NOT A VESTING EXPERT AT ALL.

BUT SO WE HAVE TO BE CAREFUL ON SAYING IF YOU DON'T MOVE SO QUICKLY ON CERTAIN PROJECTS.

YOU LOSE YOUR YOUR ENTITLEMENTS.

SO AND LARRY, IF I SAID SOMETHING WRONG, CORRECT ME.

FAIRFIELD INN IS AN EXAMPLE OF THAT, ISN'T IT? BECAUSE THAT HAPPENED A LONG TIME AGO AND THEY'RE JUST NOW CONSTRUCTING.

IS THAT I MEAN. WOULD BE.

YES. BECAUSE THEY'RE PLATS APPROVED AND EVERYTHING.

YES SO THEY'RE YEAH.

ONCE AND I, PLATTING IS A BIG VESTING TRIGGER I KNOW.

SO REALLY IT TRIGGERS THE PLAT NOW SOME OF THESE SUBS THE PLATS ALREADY TRIGGERED SO THAT'S WHY WE'RE ABLE THE PLATS ALREADY RECORDED.

[01:30:05]

THAT'S WHY WE'RE ABLE TO BUILD THAT ONE YEAR REQUIREMENT FOR A BUILDING PERMIT.

BUT AND YOU HAVE THE ABILITY TO OVERRIDE THAT IN SOME CASES.

I KNOW, I THINK AT LEAST ONE CASE SINCE I'VE BEEN HERE, BOTH P&Z AND COUNCIL OVERRODE THAT REQUIREMENT.

CAN YOU GIVE US ANY MORE UPDATES ON OAKWOOD HILLS OTHER THAN A PRE-CONSTRUCTION MEETING IS PENDING? THAT IS ALL I WAS PENDING AT THE LAST MEETING AND THE MEETING BEFORE.

IT'S BEEN PENDING FOR A WHILE.

YES. OKAY. AND SO THAT'S IT'S JUST KIND OF IN THE PENDING FILE.

OKAY. YES, SIR. JUST ASK.

HEY, WES. YES, I HAVE A QUESTION.

THERE WAS A RATHER LARGE WATER INCIDENT ON CHEESEBURGER TWO, THREE WEEKS AGO, AND I KNOW TRA WAS INVOLVED.

I THINK ONCOR WAS INVOLVED.

IS THE CITY RESPONSIBLE FOR HOLDING THOSE PARTIES FEET TO THE FIRE TO MAKE RIGHT EVERYTHING THAT WAS DAMAGED? HOW DOES THAT WORK? I DON'T KNOW THAT PARTICULAR CASE.

AND DO YOU KNOW THE CASE A LITTLE BIT.

JUST SPEAKING OF VERY BIG, BROAD STATEMENTS HERE, AND YOU WANT TO CORRECT ME IF I'M WRONG, BUT IF THERE, IF IT'S SOMETHING THAT'S IN AN EASEMENT AND LET'S SAY A PRIVATE CONTRACTOR OR ANYBODY IS DOING SOMETHING IN CITY EASEMENT OR TRA'S EASEMENT, THEN, YES, THERE ARE PENALTIES FOR MAKING SURE THAT THAT PERSON PAYS FOR AND IS RESPONSIBLE FOR THE REPAIRS.

I DON'T KNOW THAT PARTICULAR CASE.

I KNOW ABOUT AN INCH MORE THAN THAT, BUT THAT'S ABOUT IT.

I WILL TELL YOU, THERE WAS CORRESPONDENCE ON IT AND THE GROUP WAS ALREADY LOOKING AT THE FENCES THAT WERE IN THAT AREA AND CHECKING THE STABILITY OF THE POSTS AND THINGS LIKE THAT AND PREPARED TO MAKE REPLACEMENTS.

SO AGAIN, FOR WHAT THAT'S WORTH, I KNOW THEY'RE ALREADY LOOKING AT THAT AND MAKING SURE THEY'RE ADDRESSING THIS IS THE OUTSIDE PART, SOME OF IT, SOME OF THE WORK IN PROGRESS.

YEAH, THE CONCERN I HAVE IS IF THEY'VE GOT SOME SIGNS UP ON BOTH SIDES OF CHEEKS BARGER SAYING THERE'S UTILITY WORK AND THERE REALLY ISN'T ANY MORE UTILITY WORK AND I'M NOT SURE WHO'S RESPONSIBLE FOR GETTING THEM TO MOVE THOSE SIGNS. I KNOW IT'S A HAZARD FOR PEOPLE LIVING IN THE NEIGHBORHOOD TRYING TO ACCESS CHEEKS.

BARGER OKAY.

THAT IS SOMETHING I BELIEVE THAT, AGAIN, WOULD BE UNDER OUR PURVIEW TO ENFORCE THAT THAT PERMIT.

IF THEY HAVE A PERMIT TO DO WORK IN THAT AREA, OUR PUBLIC WORKS GROUP COULD EASILY CHECK INTO THAT.

AND AGAIN, YES, HOLD THEIR FEET TO THE FIRE AND SAYING THIS IS THIS IS DONE.

YOU NEED TO REMOVE THESE. THERE'S A HAZARD OR AT LEAST GET AN UPDATE AS TO WHERE THINGS ARE.

THEY MAY HAVE HAD TO LEAVE AND COME BACK.

BUT AGAIN, I DON'T KNOW THE CIRCUMSTANCES, BUT ABSOLUTELY, WE CAN LOOK AT THAT.

AND OUR PUBLIC WORKS GROUP DEFINITELY HAS THE OVERSIGHT OF THAT TO GET IT DONE A PRETTY GOOD JOB OF TRYING TO RESTORE THE SPACE.

I DON'T KNOW HOW HOW THEY WORKED WITH THE INDIVIDUAL HOMEOWNERS BECAUSE IT WAS A I WANT TO SAY SOMEBODY SAID IT WAS 2 MILLION GALLONS OF WATER ESCAPED.

IT WAS SIGNIFICANT. YEAH, IT WAS SIGNIFICANT.

ABSOLUTELY. YEAH. EVERYBODY'S GOT A NEW POOL.

OKAY. AND EVERYTHING ELSE FOR US, SIR, CAN I ASK ONE QUESTION? OH, SINCE ANDREA WAS THERE.

OKAY. AND WE WERE TALKING ABOUT CHEEKS BARGER.

CAN YOU GIVE ANY MORE UPDATES ON THE PROPOSED WIDENING OR WHAT? SOMEONE LIKE CHERYL HAVE ANY MORE INFORMATION? THAT WOULD HAVE TO BE A CHERYL QUESTION.

OKAY. YEAH. OKAY.

WE CAN ALL TAKE TURNS GOING TO CITY COUNCIL AND ASK THEM LOTS OF QUESTIONS.

OKAY. IF I CAN, I HAVE TWO MORE THINGS REAL QUICK AND THEN I'LL LET YOU ALL GET OUT OF HERE.

Y'ALL ARE WELL, YOU CAN.

I'M HERE. WE DO HAVE AN AGENDA TO STICK TO TWO AS WELL.

SO FIRST OFF, MAY 9TH, THAT IS TWO WEEKS FROM THIS PAST TUESDAY IS OUR COMMUNITY VISIONING.

IT'LL BE ACROSS THE STREET AT 1805.

ELDON DOTSON, YOU'RE ALL HEAVILY ENCOURAGED.

AND PLEASE, PLEASE, PLEASE SHOW UP.

IT'LL BE JOINT WITH CITY COUNCIL AND OUR CONSULTANTS.

SO ANOTHER JOINT MEETING WITH CITY COUNCIL.

I'LL SEND OUT AN EMAIL SO YOU ALL CAN PUT IT ON YOUR CALENDARS.

BUT IT IS MAY 9TH AT 6 P.M..

OKAY. YES.

COMMUNITY. SO THE PUBLIC CAN COME OR PUBLIC CAN COME.

HOWEVER, ONLY P AND Z AND THE CITY COUNCIL WILL PARTICIPATE IN THE ACTUAL EXERCISE.

WILL YOU BE LETTING US KNOW IN THE COMMUNITY? EVENTS ARE COMMUNITY FEEDBACK ENGAGEMENT VISIONING? WE YES.

WE HAVE A WEBSITE ALREADY CALLED BE HEARD BEDFORD.COM.

AND THAT IS WHERE WE'RE TAKING A LOT OF OUR COMMUNITY INTERACTION.

BUT AS WE MOVE FORWARD, MOST DEFINITELY WE'LL LET YOU ALL KNOW OF ANY OTHERS COMING UP.

THERE'S NOT LIKE AN IN-PERSON ENVISIONING ONE SCHEDULED.

NOT NOT RIGHT NOW.

YOU KNOW, ALL THAT INFORMATION IS IN THE NEWSLETTER AND IT'S PRETTY PROMINENT ON THE WEBSITE.

NOW, AS FAR AS PROVIDING INFORMATION AND I DO ENCOURAGE BIERI BEDFORD.COM.

I'LL EVEN PUT THAT LINK IN THE EMAIL I SEND OUT TO YOU ALL.

BUT IT'S, IT'S VERY INFORMATIVE ABOUT OUR PROCESS AND ALL THAT GOOD STUFF TOO.

[01:35:04]

SO. ALL RIGHT.

THE LAST THING I HAVE IS KIND OF A BITTERSWEET.

UNFORTUNATELY, OUR CITY ATTORNEY THAT'S BEEN WITH US FOR NOW A YEAR AND A HALF IS MOVING ON.

SO THIS IS HIS LAST MEETING.

SO I THINK, LARRY, FOR EVERYTHING, HE'S KEPT US OUT OF TROUBLE.

SO WE APPRECIATE HIM AND THANK YOU VERY MUCH.

WE JUST NOW GETTING HIM TRAINED.

YEAH. OR IS HE GETTING Y'ALL TRAINED TO THAT, TOO? LARRY, THANK YOU. YES.

YOU'VE BEEN VERY HELPFUL TO US.

PARTICULARLY CONSIDERING THAT YOU'VE HAD TO WEATHER THROUGH AN ENTIRE DESK FULL OF NEW PEOPLE HAVEN'T.

ALL RIGHT, ANDREA, THANK YOU FOR WATCHING US TONIGHT.

FROM THE BACK ROOM. WELL, THEN WE.

SHE WAS ALL RIGHT.

I BELIEVE WE'RE READY.

YES, MA'AM. I ASK ONE QUICK QUESTION.

DO DOES THE CITY HAVE A WAY OF COMMUNICATING WITH ALL THE HOA'S? WE HAVE AN ACTIVE LIST OF HOA.

I KNOW THE COMMUNICATION DEPARTMENTS HAS THAT, AND I THINK THEY UTILIZE THAT THROUGH NEXT DOOR AND OTHER TYPES OF OUTLETS.

I'M JUST WONDERING, ARE WE ARE WE PROMOTING TO THE HOA LIKE OUR LITTLE HOA HAS A NEIGHBORHOOD LETTER? WE DO. THEY DO EMAILS AND STUFF LIKE THAT TO PROMOTE THAT BE HEARD WHEN WE HAVE THAT OPPORTUNITY.

I MIGHT BE ABLE TO SAY SOMETHING ON THAT.

I HAD ASKED MOLLY SOME TIME AGO AND SHE CAME THROUGH FOR ME AND TO PUT OUT ON FRIDAY.

SHE DOES EVERY FRIDAY KIND OF A RECAP BECAUSE THE CITY IS USING AND I'LL FOLLOW UP MYSELF BECAUSE OF MY HAIR.

NOT EVERYBODY IS ON SOCIAL MEDIA.

AND SO THEY WERE USING SOCIAL MEDIA AS THE TOOL.

SO THERE IS AN EMAIL THAT GOES OUT TO THE PRESIDENT OF EVERY HOA ON FRIDAY, AND IT'S KIND OF A RECAP OF THE THINGS THAT HAVE HAPPENED TO THE CITY OR GOING TO HAPPEN IN THE CITY.

AND SO MOLLY OR ABBY GET THAT OUT RELIGIOUSLY EVERY FRIDAY.

SO I APPRECIATE IT.

WE HAVE ONE MORE MOTION TO GO.

I MOVE, WE ADJOURN. SECOND.

ALL THOSE IN FAVOR, RAISE YOUR HAND.

THANK YOU, FOLKS.

* This transcript was compiled from uncorrected Closed Captioning.