Jun 25, 2026 Planning & Zoning Commission

[CALL TO ORDER & ROLL CALL]

[00:00:02]

GOOD EVENING. IT'S 6:00. CALL TO ORDER THE REGULARLY SCHEDULED MEETING OF THE BEDFORD PLANNING AND ZONING COMMISSION FOR TODAY, THURSDAY, JUNE 25TH, 2026. ROLL CALL PLEASE. AARON LEE, PRESENT. DOROTHY CRAWFORD, PRESENT.

KATE BARLOW, PRESENT. TOM JACOBSEN, PRESENT. BRUCE EMERY, CHAIRMAN, PRESENT.

DUKE LOOPER, PRESENT. JR SMITH, PRESENT. MIKE INGRAHAM, PRESENT.

EXCELLENT, THANK YOU. STAND FOR THE INVOCATION AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE.

OUR HEAVENLY FATHER, WE ASK THAT YOU BLESS THIS MEETING OF THE PLANNING AND ZONING COMMISSION.

GIVE US THE GUIDANCE TO CARRY OUT OUR DUTIES AND RESPONSIBILITIES GIVEN TO US BY THE CITY FOR THE BENEFIT OF THE CITIZENS.

WE ASK THAT YOU BLESS OUR FIRE, POLICE AND FIRST RESPONDERS AND KEEP THEM SAFE.

INCLUDING OUR CITY, STATE AND NATION AS WE PREPARE TO CELEBRATE THE 4TH OF JULY AND OUR 250TH ANNIVERSARY.

WE ASK ALL THIS IN CHRIST'S NAME. AMEN. AMEN.

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.

GOOD EVENING, COMMISSIONERS. WE HAVE ONE OF OUR REGULAR MEMBERS MISSING.

MR. VICE CHAIR. WHICH OF THE ALTERNATES VOTED IN THE LAST MEETING? I BELIEVE AARON DID. OKAY. SO TONIGHT COMMISSIONER INGRAM, YOU WILL BE VOTING IN ROGER'S STEAD.

SO FIRST ITEM OF BUSINESS IS TO CONSIDER APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES FOR THE MEETING OF MAY 28TH,

[APPROVAL OF MINUTES ]

I'LL TAKE A MOTION. I MOVE THAT WE APPROVE THE MINUTES FOR THE REGULAR MEETING OF BEDFORD PLANNING AND ZONING COMMISSION FOR TUESDAY, JUNE NO. ONE. MAY 28TH. MAY 28TH, 2026. I'LL SECOND.

OKAY. ALL IN FAVOR? OKAY. MINUTES ARE APPROVED AS PRESENTED.

ITEM FOR CONSIDERATION TODAY IS CONSIDER APPROVAL OF A FINAL PLAT OF BLOCK 17R, LOT CR3 OF THE STONEGATE ADDITION BEING

[2. Consider approval of a Final Plat of Block 17R Lot CR3 of the Stonegate Addition being a replace of Lots CR1 and C Block 17R of the Stonegate Addition being a 1.35 acre tract. The property is located on the east side of Brown Trail between Gold Hawk Lane and Old Kirk Road, commonly known as 1412 Brown Trail. (PLAT-26-1)]

PROPERTY IS LOCATED ON THE EAST SIDE OF BROWN TRAIL BETWEEN GOLD HAWK LANE AND OLD KIRK ROAD, COMMONLY KNOWN AS 1412 BROWN TRAIL. THIS IS CASE PLAT-26-1.

REPORT FROM STAFF, MR. MORRISON. THANK YOU, MR. CHAIR. COMMISSION MEMBERS. THIS IS AS STATED, A REPLAT FOR A NON RESIDENTIAL PROPERTY.

PROPERTY WAS ORIGINALLY OR IS CURRENTLY TWO LOTS KNOWN AS 1412 AND 1420 BROWN TRAIL.

REPLAT IS TO ALLOW THE EXISTING BUILDING AT IS TO COMBINE THESE LOTS AND ALLOW THE EXISTING BUILDING AT 1412 TO EXPAND.

THAT'S A GROCERY MARKET THERE, THAT IS, THE BUSINESS OWNERS ARE HAVING GREAT SUCCESS.

SO THEY'RE LOOKING AT EXPANDING THEIR BUSINESS.

ORIGINALLY PLATTED AND DEVELOPED IN THE LATE 70S ALSO PROPERTY IS SERVED BY WATER AND SEWER AND HAS ACCESS ON THE BROWN TRAIL AND TO OLD, I'M SORRY. AND THE ROAD BEHIND IT, I JUST FORGOT THE NAME OF IT.

BUT ANYWAY, THE ROAD BEHIND IT AND THE ONLY ISSUE ON THIS ONE THAT WE HAD TO WORK WITH THE PROPERTY OWNER ON, IN THE SURVEYING ASPECT, WE DETERMINED THAT THERE IS AN EXISTING SEWER LINE THAT DOES BISECT THE PROPERTY.

YOU CAN KIND OF SEE THERE ON THE SCREEN, THE WHEN THEY COME IN FOR THE EXPANSION OF THE BUILDING, THEY'RE GOING TO HAVE TO RELOCATE THAT SEWER LINE.

SO THEY'RE GOING TO HAVE TO GET A PUBLIC WORKS PERMIT TO WORK THROUGH ENGINEERING STAFF TO GET THAT TAKEN CARE OF. SO SITE PHOTOS JUST SO YOU CAN KIND OF SEE THE SURROUNDING SITE AGAIN, FAIRLY DEVELOPED ALONG BROWN TRAIL THERE.

STAFF DOES RECOMMEND APPROVAL. WE DO HAVE SOME CONDITIONS THAT I WANTED TO MENTION THAT THE ENGINEERING DEPARTMENT LET US KNOW ABOUT.

THERE'S, THE FIRST ONE IS A VISIBILITY EASEMENT NEEDS TO BE REVISED AND ACCURATELY DEPICTED ON THE PLAT.

[00:05:06]

ALL REQUIRED ESCROW FUNDS FOR THE SIDEWALK NEED TO BE, AND THAT'S GOING TO BE ALONG THE BACK STREET THERE.

THAT'S GOING TO NEED TO BE ESCROWED BEFORE THE PLAT CAN BE FILED.

SANITARY SEWER EASEMENTS THAT WE JUST TALKED ABOUT NEED TO BE SHOWN ON THE PLAT AS WELL.

AND THEN PRIOR TO RECORDING JUST SOME COMMENTS ABOUT ABANDONING AND PHYSICALLY REMOVING THAT SIX-FOOT CONCRETE SEWER SEGMENT AND INSTALLING CLEAN OUTS AND, AND OTHER THINGS ASSOCIATED WITH THAT.

WITH THAT, THE PLAT MEETS OUR REQUIREMENTS AND LOCAL GOVERNMENT CODE AND STAFF RECOMMENDS APPROVAL.

OPERATIONAL QUESTION. IF WE APPROVE THIS WITH THE STATED STAFF RECOMMENDATIONS, DOES THIS NEED TO COME BACK TO US OR ONCE WE DO THAT THOSE ARE MET. YOU'LL CONTINUE ON FILE.

THAT IS CORRECT. OKAY. I JUST WANT TO CLARIFY.

SURE. OKAY. COMMISSIONERS, ANY QUESTIONS OF STAFF? OKAY. THERE, IN THE REPLAT INTO CONDITIONS. THERE WASN'T ANY, ANY NEED TO PUT ANYTHING ABOUT DEMOLISHING THE BUILDING IT IS ON THE NON.

NO, THAT WON'T BE A. THAT'S NOT A CONDITION OF THE PLAT. OBVIOUSLY THEY'LL HAVE TO DO THAT BEFORE THEY CAN EXPAND THE BUILDING, THE EXISTING BUILDING. BUT THAT WOULDN'T BE A CONDITION OR REQUIREMENT THAT WE PUT ON THE PLAT. BECAUSE THEY'RE NOT REQUIRED TO SHOW THAT ON THE PLAT. THAT'S CORRECT. REMOVING A PLAT. THAT'S CORRECT. OKAY. EXCELLENT.

ANY COMMENTS OR QUESTIONS FOR WES? I'LL ENTERTAIN A MOTION ON CASE PLAT-26-1.

I MOVE THAT WE APPROVE PLAT APPLICATION NUMBER PLAT-26-1 WITH THE CONDITIONS AS STIPULATED BY STAFF.

I SECOND. ALL THOSE IN FAVOR? OKAY. CASE PLAT-26-1 HAS BEEN APPROVED AND WE'LL GO ON TO CITY COUNCIL.

ACTUALLY, JUST A CORRECTION THERE THAT WILL NOT GO TO SEE Y'ALL ARE THE FINAL APPROVAL AUTHORITY ON THAT.

SO NO YOU'RE GOOD. I JUST WANTED TO GIVE HIM SOMETHING TO DO.

I'M SURE THEY APPRECIATE THAT. NOW WE GET TO HEAR CONTINUALLY FROM WES TO RECEIVE AN UPDATE ON THE ZONING ORDINANCES,

[3. Receive an update on the zoning ordinance re-write and discuss revisions to Section 5.5 entitled Screening Requirements, Section 5.6 entitled Landscaping Requirements, and Section 5.15 entitled Tree Preservation. ]

AT THAT MEETING, I FELT LIKE, AND AFTER TALKING TO A FEW OF YOU AFTER THAT MEETING, I FELT LIKE WE WERE AT A STAGE WHERE WE COULD REALLY, WITH THE COMMISSION AND STAFF, PICK UP THE BALL AND, AND FINISH THIS PROJECT MOVING FORWARD WITHOUT CONSULTANTS.

SO WE HAVE THE FINAL DRAFT THAT THE CONSULTANT HAS AND WE'RE GOING THROUGH THAT.

ALSO IN TALKING STAFF, CITY MANAGEMENT, AND SOME COUNCIL MEMBERS, WE STARTED TALKING ABOUT THE PROCESS OF ADOPTING A WHOLE NEW ZONING ORDINANCE AT ONE TIME. MAY BE MORE THAN WE CAN BITE OFF TO CHEW AT ONE TIME, OR AT LEAST SWALLOW.

AND SO WHAT WE'RE DECIDED TO DO IS WE'VE DECIDED TO BREAK UP AND LET ME JUST SHOW YOU KIND OF THIS IS NOT A COMPLETE SCHEDULE AND YOU COULDN'T READ IT IF IT WAS, BUT WHAT WE'VE DONE IS WE'VE TAKEN THE CURRENT OUTLINE OF OUR CURRENT ZONING ORDINANCE AND STAFF IS STARTING TO SET PRIORITIES AND THEN STARTING TO BUILD A SCHEDULE AS TO HOW WE WILL BRING THAT FORWARD.

OBVIOUSLY SOME OF THE HIGH PRIORITIES ARE GOING TO BE PERMITTED USE CHART. WE KNOW THAT'S BEEN A HOT TOPIC OF CONVERSATION. THE DIFFERENT ZONING DISTRICTS THAT WE HAVE, MASSAGING THOSE TO MAKE SURE THEY ALIGN WITH THE DEVELOPMENT PATTERNS.

I IDENTIFIED IN THE MASTER PLAN, COMPREHENSIVE PLAN.

THOSE ARE TWO BIG HIGH PRIORITIES. ANOTHER BIG HIGH PRIORITY, WHICH WE'RE GOING TO TALK ABOUT TONIGHT IS LANDSCAPING ORDINANCE.

SOME OTHER HIGH PRIORITIES THAT WE'VE IDENTIFIED WOULD BE THE STAFF HAS IDENTIFIED THIS AS A.

WE HAVE A SECTION FOR THAT REGULATES OUTDOOR SALES AND STORAGE OF MERCHANDISE AND TEMPORARY USE, SPECIAL EVENTS, THINGS LIKE THAT. WE'VE GOT A LOT OF HOLES IN THAT ORDINANCE AND WE REALLY NEED TO FIX THAT.

SO THAT'LL BE ANOTHER HIGH PRIORITY THAT STAFF HAS IDENTIFIED.

SO AS WE SET THOSE PRIORITIES AND AS WE SET THOSE TIME FRAMES, WE'LL BE BRINGING THIS BACK TO YOU.

[00:10:08]

IF NOT, I'M HAPPY TO JUMP RIGHT INTO LANDSCAPING OR IF YOU HAVE ANY QUESTIONS, WE CAN DO THAT.

YES, MA'AM. JUST FOR CLARIFICATION, HOW MANY WE HAVE THE ZONING ORDINANCE AND WHAT ARE THE OTHER ORDINANCES THAT WE HAVE TO SIGN? SURE. SO THE SIGN. SO WE HAVE THERE'S A CODE OF ORDINANCES FOR THE CITY.

AND ZONING AND ALL OF THOSE ARE PARTS OF THAT.

SO WE ARE PRIMARILY TALKING ABOUT ZONING ORDINANCE HERE.

SIGN ORDINANCE IS OUTSIDE OF THE ZONING ORDINANCE.

SO ZONING ORDINANCE IS GOING TO REGULATE PERMITTED USES.

DEFINITIONS OF THOSE USES. LIMITATIONS OF THOSE USES.

WHERE IN WHAT ZONING DISTRICTS THOSE USES CAN GO INTO.

THEN YOU'RE GOING TO GET INTO YOUR SITE DESIGN REQUIREMENTS. THOSE ARE GOING TO BE HEIGHT AND AREA REGULATIONS.

YOU'RE GOING TO SEE PARKING AND LOADING REQUIREMENTS.

TONIGHT, LANDSCAPING, SCREENING THOSE SITE DESIGN REQUIREMENTS THAT WE'RE GOING TO TALK ABOUT. AND THEN THERE'S ANOTHER SECTION JUST LOOSELY LUMPING IT INTO THREE DIFFERENT SECTIONS. THERE'S ANOTHER SECTION JUST ADMINISTRATION, WHO HAS THE AUTHORITY TO DO WHAT, WHO APPROVES WHAT.

SO THAT'S PRIMARILY WHAT WE'RE LOOKING AT WHEN WE'RE TALKING ABOUT THE ZONING ORDINANCE. BUT WE ALSO HAVE A SIGN ORDINANCE. WE HAVE A TREE ORDINANCE. WHAT ARE THE OTHER ORDINANCES WE HAVE? I DON'T KNOW, OFF THE TOP OF MY HEAD, THAT'S WHAT I'M KIND OF CURIOUS. THAT WOULD BE RELATED TO DEVELOPMENT.

WE HAVE A SUBDIVISION ORDINANCE THAT REGULATES PLATTING AND BUILDING INFRASTRUCTURE WITHIN THE CITY.

TREE ORDINANCE IS ACTUALLY INSIDE THE ZONING ORDINANCE.

I MEAN, WE HAVE OTHER ORDINANCES THAT MAY NOT NECESSARILY DIRECTLY RELATE TO DEVELOPMENT AND HOW A PROPERTY IS DEVELOPED, BUT WE LIKE, FOR INSTANCE, NUISANCES AND NOISE AND OTHER NUISANCES.

WE HAVE ORDINANCES THAT REGULATE THAT AS WELL.

OKAY. I KNOW THE PLAN BACK WHEN WE DISCUSSED THIS IN JANUARY WAS TO ADOPT THIS ALL AT ONE TIME.

WE WERE AIMING FOR SOMETIME THIS SUMMER WITH THIS NEW APPROACH OF BREAKING THEM OUT BY PRIORITY.

WHAT'S THE ESTIMATED TIMELINE FOR THAT PHASE THAT LOOK LIKE? THAT'S WHAT I'M TRYING TO FIGURE OUT RIGHT NOW, TO BE HONEST WITH YOU. WE, IT IS A PRIORITY OF COUNCIL, THEREFORE PRIORITY OF STAFF AND PRIORITY OF YOURS.

SO I'M REALLY TRYING TO BUILD A CALENDAR, A REALISTIC CALENDAR.

THE THOUGHT IS, AND THIS IS JUST BASED ON BRINGING OTHER ORDINANCES TO YOU IN THE PAST, USUALLY WE HAVE A FIRST GLANCE, WHICH IS YOU'RE GETTING TO NINE ON ONE SECTION, THEN YOU'LL LIKE TO SEE IT FOR A SECOND TIME JUST TO FINE TUNE IT.

AND THEN IT GOES TO COUNCIL. AND USUALLY BY THAT TIME IT GETS TO COUNCIL.

COUNCIL. TRUSTEE. WHAT THIS BOARD DOES NORMALLY.

SO I SAY ALL THAT TO SAY, USUALLY I'M BUDGETING AT LEAST THREE MEETINGS FOR EACH SECTION.

NOW SOME OF THESE SECTIONS ARE SMALL AND I MAY BE ABLE TO PAIR THEM TOGETHER. SO MY HOPE IS PROBABLY BY THE END OF THE YEAR, IF NOT DEFINITELY THE FIRST QUARTER OF NEXT YEAR, WE'LL HAVE ALL OF THIS TAKEN CARE OF.

OKAY. OKAY. AND AS I HAVE THAT SCHEDULE, I WILL SHARE THAT WITH YOU ALL.

I JUST DON'T HAVE THAT COMPLETED YET. UNDERSTOOD.

ALL RIGHT. ANYTHING ELSE? AND Y'ALL JUST EXCITED TO TALK ABOUT LANDSCAPING.

WELL, ARE WE TALKING ABOUT FENCES FIRST OR LANDSCAPING FIRST? SO WHAT WE'VE DONE AND LET ME LET ME JUMP INTO THAT AND I TRY TO ANSWER THAT QUESTION WHILE WE JUMP IN.

SO TO MAKE SURE WE'RE USING THE STUFF THAT WE'VE ALREADY PAID FOR FROM THE CONSULTANT.

RIGHT. I TOOK WHAT THE CONSULTANT DID FOR US AND THE CONSULTANT BUNCHED IN LANDSCAPING, SCREENING AND BUFFER YARDS ALL IN ONE.

NOW IF YOU'RE JUST TALKING ABOUT FENCES. FENCES ARE A COMPLETELY DIFFERENT SECTION THERE IN THE BUILDING CODE SIDE OF THINGS IN THE CODE OF ORDINANCES.

SO YOU'RE NOT GOING TO SEE JUST REGULAR FENCE REGULATIONS.

YOU'RE GOING TO SEE SCREENING WALL REGULATIONS IN THIS SECTION.

JUST WANT TO CLARIFY THAT. SO WHAT I THOUGHT I WOULD DO REAL QUICK AND I, I CAN GO AS FAST THROUGH THIS.

WE CAN GO PAGE BY PAGE, SECTION BY SECTION IF YOU WANT TO, OR I'M JUST GOING TO HIT THE HIGHLIGHTS.

AND THEN IF Y'ALL HAVE QUESTIONS, WE'LL GO THAT ROUTE. SO A COUPLE OF THINGS I WANTED TO PUT IN HERE.

WE PUT IN A PURPOSE SECTION. YOU'LL SEE WHY WE PUT IN A PURPOSE SECTION BECAUSE SOME THINGS LATER ON IN THE ORDINANCE REFER BACK TO THAT PURPOSE AND SAY, IF YOU WANT TO DO SOMETHING DIFFERENT, YOU'VE GOT TO SHOW US IN THE PURPOSE SECTION WHERE IT COMPLIES WITH THAT, WHERE IT MEETS THAT PURPOSE. THIS IS SOMETHING NEW THAT WAS NOT PROVIDED FOR IN OUR CURRENT ORDINANCE. AND THAT'S APPLICABLE IF I COULD SAY THE WORD APPLICABILITY.

THE, SO WHAT THIS NEW ORDINANCE PROPOSES IS THAT EXISTING BUILDINGS, WHEN THE VALUE OF THE PROPOSED WORK EXCEEDS 50% OF THE APPRAISED VALUE.

AND THAT'S THAT'S THE APPRAISAL DISTRICT'S APPRAISED VALUE. THEY HAVE TO BRING EVERYTHING INTO COMPLIANCE WITH THIS SECTION. THAT IS AND PART OF WHAT I WANT TO GET TONIGHT,

[00:15:06]

SO I JUST TOOK WHAT THAT WAS. I THINK I, THAT SEEMS TO BE FAIRLY CONSISTENT WITH WHAT OTHER CITIES AROUND US ARE DOING. BUT IF YOU WANT TO TALK MORE ABOUT 50% OF WHAT THAT PRICE VALUE LOOKS LIKE.

WE CAN DO THAT, OKAY. ALSO, IF A BUILDING IS BEING ENLARGED BY 15% OR GREATER, THEN THEY WOULD HAVE TO BRING EVERYTHING INTO COMPLIANCE WITH WHAT THE SECTION LAYS OUT.

DOES THAT MAKE SENSE? OKAY. LAST THING. AND THIS IS ALSO A NEW PROVISION THAT WE PUT IN UNDER GENERAL CRITERIA.

RIGHT NOW WE DO NOT HAVE ANY LANDSCAPING REQUIREMENTS FOR SINGLE FAMILY HOMES.

SO THIS BUILDS IN THAT AT LEAST THREE TREES, MINIMUM THREE-INCH CALIBER HAVE TO BE PLANTED ON EACH SINGLE-FAMILY HOME.

NEW PERMITTED SINGLE-FAMILY HOME. OKAY. YES. IS THERE A RULE ABOUT OR WILL THERE BE? LIKE THE FRONT OF H-E-B? YOU KNOW, ALL THOSE TREES OUT THERE.

THEY'RE ALL GOING TO GROW INTO EACH OTHER. THERE WILL BE NO GRASS BECAUSE THERE WILL BE NO SUNLIGHT.

YOU KNOW, YOU SEE ALL THESE NEW HOMES. AND I DO, BECAUSE I'M IN THE BUSINESS OF GOING TO PEOPLE'S HOMES.

THEY PUT A LIVE OAK IN A YARD THAT IS TEN FEET DEEP.

THAT'S RIDICULOUS. I DON'T UNDERSTAND. I MEAN, IS THERE A RULE ABOUT THE TYPE OF TREE THAT WOULD GO INTO THIS SPECIFIC, SPECIFIC SPACE BECAUSE THE TREE IS TOO BIG TO GO THERE, YOU KNOW WHAT I MEAN? NOT IN THIS ORDINANCE. WE DID NOT PUT ANYTHING THAT WOULD REGULATE TO THAT SPECIFICITY.

WE DO HAVE DISTANCE SEPARATION REQUIREMENTS, BUT WE DO NOT HAVE SOMETHING THAT WOULD SAY IF IT'S A LIVE OAK, IT HAS TO BE IN A AREA OF AT LEAST 50FT², WHATEVER IT MAY BE.

IF THAT'S SOMETHING YOU ALL WANT US TO LOOK AT, WE CAN, WE CAN TRY TO FIGURE OUT WHAT THAT LOOKS LIKE.

THAT'S, THAT'S HOWEVER YOU WANT TO, IT'S HOW DETAILED DO YOU WANT TO GET IN AND HOW MUCH DO YOU WANT TO REGULATE REALLY IS WHAT IT BOILS DOWN TO. I JUST THINK THAT WHEN YOU, YOU KNOW, YOU SAY THREE TREES AND. WELL, IF THEY PUT THREE LIVE OAKS IN THE YARD, IT'S THIS BIG.

YEAH, IT'S TOO MUCH. AND IF YOU THINK THAT NUMBER NEEDS TO BE REDUCED, THEN AGAIN, THIS IS WHAT WE'RE HERE FOR TONIGHT.

YEAH. I HAVE A SIMILAR COMMENT. ACTUALLY, WE HAVE A FAMILY MEMBER WHO'S GOT A HOME THAT'S ZERO-LOT LINE HOME, AND THE FRONT YARD IS TEN FEET BY 20FT. AND THEY PUT AN OAK TREE IN THE FRONT YARD.

AND MY QUESTION IS JUST FOR CLARIFICATION. IT APPEARS THAT THERE ARE TWO SETS OF TREES IN THE APPENDIX LARGE TREES, SMALL TREES. AND ONE OF THE SMALL TREES IS A CRAPE MYRTLE.

SO IF THE IF THE SMALL TREES ARE SMALL ENOUGH AND THAT.

WHAT IS WHAT HAS TO GO IN THE FRONT YARD, I'D BE OKAY.

I JUST DON'T WANT THIS TO BE BURDENSOME. THAT SOUNDS.

IF YOU JUST READ IT THE WAY IT'S WRITTEN, IT SOUNDS BURDENSOME, BUT THE SMALL TREE OPTION MAY MAY MITIGATE MY COMMENT.

YEAH, WE CAN LOOK AT FIXING THAT TO ADDRESS TRY TO ADDRESS BOTH THE CONCERNS.

ALSO, WE WOULD HOPE THAT DEVELOPERS THAT WOULDN'T PLANT, YOU KNOW, A GAZILLION BRADFORD PEARS.

WELL, THAT WOULD NOW THERE IS A PROHIBITED AND I NEED TO LOOK AND MAKE SURE IT'S IN THERE.

BUT THERE'S A PROHIBITED TREE LIST OR PLANT LIST.

AND THAT'S ALSO IN OUR TREE PRESERVATION ORDINANCE.

SO WE WANT TO MAKE SURE THAT THAT'S TAKEN CARE OF. KIND OF WHERE I WAS GOING WITH IT, JUST WHAT'S IN THE TREE PRESERVATION THING AND THE LIST OF TREES AND EVERYTHING WE WORKED ON. DOES THAT CROSS OVER INTO THIS. RIGHT, YES.

GOOD. ALSO WITHIN IT, GIVEN THIS DISCUSSION ABOUT TREES, IS THERE A WAY TO INDEX HOW MANY TREES FOR SINGLE FAMILY HOMES BASED ON NON BUILDING LOT SIZE? GOOD QUESTION. SO YOU'D LOOK LIKE A SLIDING SCALE.

YOU WOULD HAVE. ONE TREE FOR THE FIRST YOU KNOW SO MANY THOUSAND SQUARE FEET OR 1,000.

AND AS THE LOTS BECOME BIGGER THEN UP TO THE THREE TREES SO THAT THERE IS SOME SPACING REQUIREMENTS TO NOT STICK THREE TREES IN, YOU KNOW, 1200FT² OF GRASS. I THINK THAT WOULD COVER A LOT OF THINGS IN THAT.

SOMEONE HAS A WEDGE SHAPED OR A CORNER LOT. YOU CAN'T PREVENT SOMEONE FROM PLANTING TREES ALL OVER THE YARD IF THEY WANT TO.

NO, BUT NO. BUT TO REQUIRE THEM TO PLANT TOO MANY IS A DIFFERENT ANIMAL, I THINK.

NOT TO A MAXIMUM, BUT THE THE MINIMUM BEING A SLIDING SCALE.

I'M THINKING A LOT. I'M SORRY. IN PARTICULAR THE THE SUBDIVISION ON CAMPUS WEST.

[00:20:03]

I THINK THEY WOULD BE HARD PRESSED TO PUT THREE TREES IN SOME OF THOSE.

THOSE ARE THOSE WOULD NOT BE SINGLE FAMILY DETACHED SO THAT THAT REQUIREMENT NECESSARILY WOULDN'T APPLY, BUT I. BUT TO YOUR POINT, AND I KNOW THAT. FOR INSTANCE.

WHY AM I GOING TO POINT TONIGHT? THE GRACE PARK SUBDIVISION.

SOME OF THOSE LOTS ARE SMALL, SO I COULD SEE SOME OF YOUR CONCERNS BEING VALID IN THIS CASE TOO.

SO OKAY, JUST MAKE THAT NOTE AND FIX THAT. WE'RE GOOD.

GOOD WITH THAT. BUT I THINK. OKAY. ALL RIGHT THEN.

I'M GOING TO KEEP ON GOING. WHILE WE'RE ON THIS. JUST GIVE US A SCENARIO WHERE THIS FIRST PURCHASE OF 50% APPRAISED VALUE WHEN YOU CONDEMN THE BUILDING BEFORE YOU DID, DID THE I MEAN.

NOT NECESSARILY DOESN'T MEAN THAT IT'S IN BAD SHAPE.

IT JUST MEANS THAT SOMEBODY, FOR INSTANCE, AND I'M, I DON'T KNOW THE NUMBERS.

SO IT'S HARD FOR ME TO SAY IT'S MEETING 50%. BUT THE SHOPPING CENTER THAT JUST RECEIVED INCENTIVES FROM THE CITY AT THE CORNER OF BEDFORD ROAD AND CENTRAL. YES. IF THEY ARE INVESTING MORE THAN 50% OF THE ORIGINAL VALUE OF THE APPRAISED VALUE, THEN THEY WOULD HAVE TO COME INTO COMPLIANCE.

OH. OH. OKAY. I WAS CONFUSED. WHAT'S THAT? OR IF THEY'RE ENLARGING IT.

EXACTLY. YES. 15%. WHICH IS PROBABLY MORE LIKELY.

MY APOLOGIES. QUESTION ON THE APPRAISED VALUE.

IS IT? I DIDN'T SEE IT. MAYBE. MAYBE I OVERLOOKED IT.

IS IT CLARIFIED THAT WE'RE TALKING ABOUT NOT AN APPRAISAL.

CORRECT. FROM THE APPRAISAL DISTRICT. IT DOES REFERENCE IN THERE THE APPRAISAL DISTRICT.

AWESOME. THANK YOU. YES, SIR. PLEASE CONTINUE.

OKAY, SO I'M JUST GOING TO JUMP INTO THE DIFFERENT TYPES OF LANDSCAPING THAT WE ARE REGULATING IN THIS SECTION.

SITE LANDSCAPING, WHICH THIS ILLUSTRATION KIND OF SHOWS YOU WHAT EACH, WHAT WE MEAN BY EACH BUFFER YARDS, PARKING LOT, LANDSCAPING AND THEN FOUNDATION PLANTINGS.

I WILL TELL YOU FOR THE MOST PART FOUNDATION PLANNING IS REALLY THE NEW ASPECT HERE.

WE DON'T HAVE THAT REQUIREMENT CURRENTLY. WE HAVE REQUIREMENTS FOR EACH OF THE OTHERS.

THEY MAY NOT BE WHAT WE'RE PROPOSING TODAY, BUT WE AT LEAST HAVE SOME BASE REQUIREMENT.

DO WE HAVE A NOTE ABOUT THAT LANDSCAPING UP CLOSE TO THE BUILDING.

SHOULD NOT. SHOULD BE CERTAIN. I CALL THEM DWARF.

THEY ONLY GET THREE FEET TALL. REALLY, MAX? BECAUSE OTHERWISE IF YOU PLANT SOME OTHER SPIREAS AND STUFF, THEY GET 12FT TALL AND THEY COVER THE BUILDING.

SURE, THE, LET ME I WANTED TO LOOK AND SEE EXACTLY WHAT THE WORDING IS, THE WORDING FOR FOUNDATION AND I THINK I'VE GOT IT HERE.

YEAH. FOUNDATION. SO IT TALKS ABOUT ONE SMALL EVERGREEN TREE, FIVE SHRUBS FOR EVERY 50 LINEAR FEET.

SO THAT'S HOW WE'VE REGULATED THAT. THE. ALSO, IT'S IMPORTANT TO NOTE THAT THE THE PROPOSED ORDINANCE REQUIRES THAT A LANDSCAPE ARCHITECT, A LICENSED ARCHITECT, DO THE LANDSCAPE PLAN FOR EACH DEVELOPMENT SO THAT HOPEFULLY WE'RE GOING.

IF IT'S A REPUTABLE LANDSCAPE ARCHITECT, WE'LL ADDRESS SOME OF THOSE ISSUES THERE TOO.

SO FOR FOUNDATION PLANNING SPECIFICALLY 25,000, IT ONLY APPLIES TO BUILDINGS 25,000FT² OR MORE.

I WANT TO PUT THAT IN A LITTLE BIT OF PERSPECTIVE FOR YOU. SO YOU'RE FAMILIAR WITH THE RETAIL CENTER THAT WE JUST APPROVED THE SITE PLAN ON, ON CHEEKS PARK ACROSS FROM H-E-B GROCERY STORE THAT WAS 9000FT².

SO THAT ONE WOULD NOT BE REQUIRED TO DO FOUNDATION PLANNINGS IN THIS CASE.

USUALLY WHEN WE'RE TALKING ABOUT 25,000FT² FOR US, UNLESS IT'S GOING TO BE A, AGAIN, A BIG GROCERY STORE LIKE H-E-B OR SOMETHING LIKE THAT, THAT'S REALLY WHAT WE'RE GOING TO START TALKING ABOUT. SOME OF THE INDUSTRIAL BUILDINGS THAT WE'VE RECENTLY APPROVED IN THE PAST, THOSE ARE BIGGER THAN 25,000FT². HALL BERRY FOR INSTANCE, THERE AT.

KANE HALL BERRY, YOU KNOW, I DO NOT KNOW THE ACTUAL SQUARE FOOTAGE OF THAT BUILDING OFF THE TOP OF MY HEAD, BUT IT MAY IT MAY VERY WELL BE CLOSE TO IT. YEAH.

SO JUST TO GIVE YOU KIND OF A PERSPECTIVE OF WHAT THAT HOW THAT'S GOING TO BE APPLIED. PARKING LOT FEATURES, PARKING LOT LANDSCAPING REQUIREMENTS. AGAIN, WE CURRENTLY HAVE PARKING LOT REQUIREMENTS.

THE, THEY'RE DEFINITELY NOT AS ROBUST AS WHAT THESE ARE BEING PROVIDED ARE, BUT THERE'S A CHART THAT THE PROPOSED ORDINANCE ESTABLISHES A CHART THAT SAYS YOUR PERCENTAGE OF LANDSCAPE AREA IN THE PARKING LOT DEPENDS ON THE PARKING LOT SIZE.

[00:25:04]

LANDSCAPE. LANDSCAPING, THANK YOU. I'M. MY WORDS ARE NOT COMING TO ME TONIGHT, SO I APOLOGIZE.

ALSO SAYS THIS IS A NEW ONE. MEN OF ONE LARGE TREE PER 350FT² OF PARKING AREAS.

SO FOR HOWEVER MANY 350FT² OF PARKING, YOU'VE GOT AT LEAST THAT MANY TREES.

PARKING LOT ISLANDS MUST BE A MINIMUM OF 180FT², MINIMUM FIVE FOOT IN WIDTH TO ADDRESS SOME OF THOSE CONCERNS THAT YOU BROUGHT UP ABOUT PUTTING A TREE IN THE RIGHT AREA SO IT CAN GROW AND LIVE.

ONE LARGE TREE OR THREE SMALL TREES PER 1000FT² OF LANDSCAPE AREA THAT'S REQUIRED.

AND THEN SIX SHRUBS PER 1000FT² OF LANDSCAPE AREA REQUIRED.

QUESTIONS? COMMENTS? IS ALL THAT EITHER OR? NO, THAT IS ALL REQUIRED.

A LARGE TREE FOR 350FT² SEEMS TOO MUCH. I MEAN, THE SQUARE FOOTAGE DOESN'T SEEM BIG ENOUGH.

OKAY, THIS ROOM IS ALMOST LIKE 350, BIGGER THAN 350FT².

ARE YOU SAYING THERE'S NOT ENOUGH TREES OR. NO.

IT SEEMS LIKE A BIG TREE IN THAT SMALL OF, YOU KNOW, AREA OF PARKING LOT MIGHT BE TOO MUCH TREE.

SO. NOT ENOUGH PARKING LOT. SO I'M A HEARING.

MEDIUM TREE. MAYBE A MEDIUM TREE OR PER BIGGER SQUARE FOOTAGE.

350FT², WHEN YOU'RE LOOKING AT A PARKING LOT, IT'S NOT REALLY VERY BIG.

YEAH, BUT IT ISN'T A 350 SQUARE THAT TRIGGERS.

JUST SHORT OF A DOUBLE CAR GARAGE. BUT IT'S OVER 7,000.

OKAY, SO ANYTHING A LOT TO BEGIN WITH. IT'S A BIG LOT TO BEGIN WITH.

SO ANYTHING, ANY PARKING LOT THAT'S 7000FT² OR MORE WOULD BE REQUIRED TO HAVE ONE TREE FOR EVERY 350FT². AND I HOPE YOU'RE DOING THAT MATH RIGHT NOW BECAUSE I CAN'T DO THAT IN MY HEAD.

AS SOON AS SHE. AS SOON AS SHE TOUCHED HER PHONE, I KNEW. YEAH, I WAS HOPING.

THAT'S 6000. HOW MUCH? 20 TREES. SO THAT MAY BE.

THAT SEEMS LIKE A TREE. WE WANT TO DO 500. YOU WANT TO DOUBLE IT? 600? WELL LET'S SEE, IT'S. WHAT'S THE MINIMUM? SQUARE FOOTAGE? 7000. 7000. WHY DON'T WE MAKE IT 700FT²? THAT WOULD BE TEN TREES IN THAT SIZE PARKING LOT, WHICH IF THEY'RE LARGE TREES.

OR DO WE BACK UP TO WHERE THEY'RE MEDIUM SIZED TREES? I THINK LARGE IS FINE. LARGE IS FINE. BUT TEN BIG TREES IN THE PARKING LOT THAT SIZE, THAT SEEMS LIKE PRETTY DECENT COVERAGE.

YEAH, THIS IS PARKING AREA. WHAT'S CONSIDERED THE ENTIRE PARKING LOT OR JUST WHERE THE CARS ARE PARKED? THE ENTIRE PARKING LOT. SO THE SO YEAH, THE AREA DEDICATED TO THE PARKING LOT.

OKAY. SO I'M HEARING 700FT². YES. 10% OF THE MINIMUM SQUARE FOOTAGE OF THE LOT.

I CAN MAKE THAT CHANGE. YOU WANT TO GIVE THEM THE OPPORTUNITY TO POSSIBLY DO MEDIUM TREES, MAYBE EVERY 500 SQUARE FOOT IF THEY CHOOSE TO DO.

SO MY CONCERN WITH THE MEDIUM TREE AND I JUST, I, Y'ALL THREW ME FOR A LOOP WHEN Y'ALL THREW OUT MEDIUM TREE BECAUSE I DON'T HAVE A MEDIUM TREE LISTED IN THE. YEAH. OKAY. YEAH. I MEAN, NOW.

CAN WE GET A MEDIUM. NO. NOW, I WAS ABOUT TO SAY, IF YOU WANT ME TO RESEARCH AND SEE IF THERE IS SUCH A THING AS A MEDIUM, I DON'T I'M NOT A PLANT GUY, SO BUT I CAN RESEARCH LIKE CRAZY.

SO WE CAN DO THAT. BUT NO, THAT'S OKAY. I THINK THAT'S A NO.

I THINK INCREASING THE SQUARE FOOTAGE DOESN'T.

SOME OF US ARE SO OLD WE WON'T SEE HOW BIG THESE LARGE TREES GET.

WE WON'T BE WALKING. AS LONG AS THEIR BABY TREES ARE GOING TO BE MEDIUM DURING THE WHOLE TIME.

YOU'LL SEE A MEDIUM TREE THEN. OKAY JUST TO CLARIFY, PLUS IN THIS REQUIREMENT PER THE PICTURE, NOT ONLY ARE THERE GOING TO BE TEN BIG TREES IN THE 7000 SQUARE FOOT PARKING LOT, BUT THERE'S ALSO GOING TO BE ISLANDS WITH PLANTINGS. YEAH, THERE'S GOING TO BE A LOT OF VEGETATION.

YEAH. THE TREES ARE IN THE ISLAND. NO GOOD. SO IT'S NOT GOING TO JUST LOOK.

THAT'S THE PURPOSE. SO YOU DON'T HAVE A SEA OF CONCRETE. CORRECT? YEAH. OKAY, COOL.

YEAH. THESE NUMBERS COME FROM THE CONSULTANT.

THEY DID OKAY. I YES, I DID NOT TOUCH ANY NUMBERS.

I WILL SAY THERE ARE SOME THINGS. IS THAT A TRUE STATEMENT? I MAY HAVE TOUCHED SOME NUMBERS WHEN WE GOT TO THE BUFFER YARD REQUIREMENTS, BUT FOR THIS PARTICULAR SECTION I DID NOT TOUCH ANY NUMBERS.

THERE WERE A FEW THINGS AND STILL HAVE THE ORIGINAL COPY OF THE ZONING ORDINANCE THAT I PROVIDED TO YOU.

I KNOW YOU'VE ALL READ IT AND HAD IT MEMORIZED, BUT THERE WAS, THERE WAS SOME THINGS IN THERE THAT GOT A LITTLE COMPLICATED.

[00:30:02]

FOR MY BENEFIT. I TRIED TO DUMB IT DOWN AS MUCH AS I COULD, BUT STILL GET WHAT WE WANTED OUT OF IT.

OKAY, I THINK THIS HITS THE. OKAY, THEY ARE FROM UP NORTH.

MAYBE THEY LIKE TREES MORE. I DON'T KNOW. ALL RIGHT, SO WE'LL MOVE ON TO BUFFER YARDS.

SO WE'RE TALKING ABOUT THREE DIFFERENT BUFFER YARDS. AND THIS IS ONE SECTION WHERE I REALLY CONDENSE DOWN WHAT THEY PROVIDED US BECAUSE THEY GAVE US SOME REALLY GOOD REGULATION, BUT A LOT OF A LOT OF READING AND A LOT OF FLIP HERE TO GO HERE AND THERE THEY GO THERE.

I WAS JUST TRYING TO MAKE IT SIMPLE. SO WE'VE GOT A DISTRICT BUFFER YARD, WHICH THAT MEANS IF YOU'RE GOING UP A INCOMPATIBLE USE, IF YOU'VE GOT LIKE, FOR INSTANCE, KANE HALL BARRY WAS A GREAT EXAMPLE.

THEY WERE REQUIRED TO DO A BUFFER YARD BECAUSE THEY WERE GOING UP AGAINST MULTIFAMILY.

SO IF YOU HAVE SOMETHING ELSE THAT'S GOING UP AGAINST, YOU KNOW, A, IF YOU HAVE A NEW GROCERY STORE COMING IN THAT'S GOING UP AGAINST SINGLE FAMILY, THEY'RE REQUIRED TO DO WHAT WE CALL A DISTRICT BUFFER YARD.

SO THAT'D BE THE FIRST ONE. PARKING BUFFER YARD, THAT'S PARKING BUFFER YARD BETWEEN THE STREET AND THE PARKING LOT.

SO ON TOP OF WHAT WE JUST TALKED ABOUT IN THE PARKING LOT, THEY'RE ALSO GOING TO PROVIDE A PARKING BUFFER BETWEEN THE STREET AND THE PARKING.

OKAY. NOW, ONE THING I'M GOING TO SAY ON THIS PARKING BUFFER YARD AND WELL, ACTUALLY FOR PARKING BUFFER YARD, IS THAT WHEN WE'RE NOT THERE YET, BUT WHEN WE GET TO BUILDING DESIGN, THAT'S WHEN WE'LL HAVE THE CONVERSATION ABOUT WHICH I SOME OF YOU BRING UP.

SOMETIMES WHEN WE GET TO SITE PLANS, WE'D LIKE TO SEE PARKING ON THE SIDE OR BEHIND THE BUILDING AND HAD THE BUILDING UP FRONT.

WE WILL GET TO THAT PORTION WHEN WE TALK ABOUT BUILDING DESIGN AND SITE LAYOUT.

SO THIS IS IF YOU'RE IF WE HAVE A SITUATION WHERE THEY DO HAVE PARKING BETWEEN THE STREET AND THE BUILDING, THEY WOULD HAVE TO PROVIDE A STREET BUFFER YARD. IS THAT DOES THAT MAKE SENSE? OKAY. AND THEN THE LAST ONE IS A STREET BUFFER YARD.

ANY USE IS GOING TO HAVE TO REQUIRE SOME TYPE OF STREET BUFFER OR SOME TYPE OF BUFFER BETWEEN THE BUILDING AND THE STREET AS WELL. OKAY.

WELL, I DIDN'T GO OFF ANY OF MY NOTES HERE, BUT REAL QUICK ALSO IN THE DISTRICT REQUIREMENT OR THE DISTRICT BUFFER YARD REQUIREMENT, THERE IS, AND I TOOK THIS FROM THE CONSULTANT BECAUSE I THOUGHT IT WAS AN INTERESTING CONCEPT.

AND IF WE DON'T LIKE IT, WE CAN SCRATCH IT. IT MAKES THE ORDINANCE A LITTLE BIT EASIER.

BUT THEY PROVIDED STANDARDS BASED ON IF YOU DID A STRUCTURE.

SO IF YOU DID A MASONRY WALL THROUGH THE BUFFER YARD TO REALLY HELP BUFFER THE TWO USES, OR YOU COULD DO A LITTLE BIT LARGER BUFFER YARD AND JUST DO A NATURAL BUFFER YARD WITH TREES, ADDITIONAL TREES, BERMS AND THINGS LIKE THAT.

SO THAT'S WHEN WE GET TO THE DISTRICT BUFFER YARD WILL GO IN MORE DETAIL.

BUT THAT IS ONE THING. THEY PROPOSED IN THERE.

THAT AFFECTS THE WIDTH OF THE BUCKET. IT DOES.

YES. OKAY. SO AND WE'LL LOOK AT WHAT THOSE WIDTHS ARE STRUCTURAL VERSUS NATURAL.

AND IF YOU LIKE IT, GREAT. IF YOU WANT TO PULL IT OUT, WE CAN PULL IT OUT. NOT A BIG DEAL. WALLS ARE REQUIRED TO BE SIX FEET IN HEIGHT.

THAT'S STANDARD AS WE HAVE TODAY. AND THEN THERE IS AN EXEMPTION PROCESS THAT I WANT TO TALK ABOUT WHEN WE AND YOU KNOW WHAT, LET'S TALK ABOUT IT RIGHT NOW. SO LET ME GO TO THAT SECTION REAL QUICK BECAUSE FOR THOSE OF YOU THAT HAVE BEEN ON THE BOARD FOR A WHILE, YOU YOU PROBABLY REMEMBER IT'S BEEN ABOUT TWO YEARS AGO, WE DID AN AMENDMENT TO OUR EXISTING BUFFER YARD REQUIREMENTS BECAUSE THE, AT THE TIME BEFORE THAT AMENDMENT, WE DID NOT HAVE AN EXEMPTION PROCESS.

AND SO THAT EXEMPTION PROCESS THAT WE MADE IN MINT FOUR BACK IN, I WANT TO SAY 2024, MAYBE 2023.

SAID THAT IF SOMEONE WANTS TO, IF THERE'S A SPECIAL, UNIQUE CIRCUMSTANCE WITH THE PROPERTY THAT LET'S SAY THERE'S AN ELEVATION CHANGE TO THE NEXT PROPERTY OR THERE'S SOME OTHER ENVIRONMENTAL FACTOR OR SOMETHING LIKE THAT, THAT DURING THE SITE PLAN APPROVAL PROCESS, THE APPLICANT COULD COME BEFORE THIS BOARD AND THEN ULTIMATELY CITY COUNCIL AND GET AN EXCEPTION TO AN EXEMPTION TO THAT BUFFER YARD REQUIREMENT. I SEE WHERE YOU TOOK OUT THE FINANCIAL BURDEN PIECE OF THAT EXEMPTION PROCESS=.

RIGHT, AND THAT'S NOT IN THE CURRENT AMENDMENT TODAY EITHER.

SO, BUT. BEFORE US BEFORE FOR BUFFER FENCING, BUT WE CAN'T AFFORD THAT KIND OF A FENCE.

WELL THAT'S NOT A REASON THAT YOU CAN DENY IT.

SO YEAH. BUT WHAT THE AND I REALIZED THIS LAST WEEK, AND I WAS KIND OF PREPARING FOR THIS MEETING WAS THAT THE

[00:35:08]

IF THE APPLICANT CAN DEMONSTRATE THAT, THAT THE SUBJECT PROPERTY IS SEPARATED FROM THE ADJACENT PROPERTY BY A NATURAL AREA THAT MEETS OR EXCEEDS THE LEVEL OF SCREENING REQUIRED BY THE APPLICABLE BUFFER YARD. THAT'S IT.

IT DOESN'T GIVE. IT DOESN'T GIVE ME AS STAFF ANY REAL TRUE CRITERIA.

USUALLY IN THIS SITUATION YOU WOULD SEE THERE'S GOT TO BE X, Y, AND Z.

AND IT'S A LITTLE VAGUE TO ME. IT DIDN'T SAY ANYTHING ABOUT LONG TERM, IS THAT LAND GOING TO STAY THAT WAY? SO I SO IF YOU WANT TO LEAVE IT AS ADMINISTRATIVE THAT'S FINE.

I, WE CAN, BUT JUST KNOW THAT WHEN YOU GET THIS THE SECOND TIME, I'M GOING TO HAVE THAT CRITERIA IN THERE.

OR IF YOU DO NOT WANT TO LEAVE IT AS ADMINISTRATIVE AND YOU THINK THAT'S SOMETHING THAT NEEDS TO COME BEFORE YOU, THEN I CAN DO THAT TOO. WELL, A THOUGHT IN READING THROUGH THAT A COUPLE OF TIMES IS THAT IF IT'S, IF IT WOULD BECOME ADMINISTRATIVE, THERE'D BE NO CONSISTENCY IN DECISION MAKING PROCESS NECESSARILY.

THERE'D BE NO PRECEDENT SET BY A BOARD OR A VOTE THAT WE DID THIS LAST TIME ON BASED ON THESE CRITERIA.

AND IN THIS TIME IT'S NOT. I MEAN, AND ALSO IT'S A TRANSPARENCY ISSUE, I THINK, FOR STAFF TO SAY, OKAY, THIS PARTICULARLY AS DON WAS SAYING, WHAT IF THEIR CASE IS THAT THE THE BUFFER, ALL THE TREES AND SHRUBS AND EVERYTHING ARE ON THE ADJACENT PROPERTY, NOT ON THEIR PROPERTY. AND SO THE ADJACENT PROPERTY OWNER DECIDES WE'RE GOING TO COME ALL DOWN.

NOW THERE'S NO BUFFER, BUT THEY'VE GOT THE EXEMPTION AND THEY DON'T HAVE TO PUT ONE IN.

I MEAN, JUST THAT'S MORE OF A PRACTICAL IF SOMEBODY CUTS DOWN THEIR TREES ON THEIR PROPERTY.

NOW THERE'S NO SEPARATION BETWEEN THE USES BECAUSE YOU'VE GIVEN THE COMMERCIAL SPACE EXEMPTION FROM A BUFFER.

I THINK IN GENERAL, WHEN YOU HAVE AN EXEMPTION OF SOMETHING, THAT'S USUALLY A GOOD IDEA TO COME BEFORE A GROUP, THAT'S CAN MAKE A JUDGMENT, LIKE YOU'RE STATING, JUST BECAUSE THAT TAKES, YOU KNOW, THAT TAKES A LITTLE BIT MORE OVERVIEW IN MY OPINION. WOULD THIS BE CONSIDERED AN EXEMPTION OR A VARIANCE? THEY COULD APPLY FOR A VARIANCE AND DO SOMETHING ELSE.

IF THE, IF THERE WAS AN EXEMPTION LANGUAGE IN THE ORDINANCE.

THEN, DEPENDING ON HOW WE DEFINE VARIANCE IN ANOTHER SECTION OF THE ORDINANCE, THIS COULD BE AN EXAMPLE OF A VARIANCE REQUEST THEY COULD MAKE.

THE PROBLEM IS, IS THAT STATE LAW HAS VERY STRICT RULES ON PUSHING THEM TO A VARIANCE, AND I PROBABLY WOULD NOT BE A CASE. I MEAN, UNLESS IT WAS SOMETHING VERY UNIQUE WITH THE PROPERTY THAT THEY WOULD MEET THE REQUIREMENTS TO GET A VARIANCE FOR.

THAT'S WHY TYPICALLY YOU'LL SEE IN THIS SECTION.

A LOT OF CITY ZONING ORDINANCE WHEN IT COMES TO BUFFER YARDS, THEY DON'T LEAVE IT UP TO VARIANCE BECAUSE IT'S ALMOST IMPOSSIBLE FOR THAT TO HAPPEN.

OKAY. BECAUSE THEY EITHER HAVE TO MEET THE CRITERIA FOR VARIANCE.

AND YEAH, IT WOULD BE INCREDIBLY DIFFICULT, ESPECIALLY IF YOU WANTED CONSISTENCY.

RIGHT. CONSISTENCY WOULD BE ALREADY DENIALS FOR A VARIANCE IN THOSE SITUATIONS VERSUS AN EXEMPTION THROUGH P&Z OR THROUGH ADMINISTRATIVE RIGHT REVIEW. WHAT DO YOU THINK, JENNIFER, ABOUT IT COMING BEFORE P&Z AS OPPOSED TO.

IF YOU'RE WANTING CONSISTENCY AND DEPENDING ON THE CIRCUMSTANCES, THEN IT WOULD BE MORE APPROPRIATE FOR IT TO GO EITHER TO P&Z OR FOR ADMINISTRATIVE REVIEW VERSUS PUSHING IT TO MORE OF A VARIANCE TYPE OF REQUEST.

IS THIS THE ONLY EXEMPTION LIKE THIS IN THERE? SPECIFICALLY FOR BUFFER YARDS, YES. NOW THERE'S ANOTHER SECTION THAT TALKS ABOUT ALTERNATIVE COMPLIANCE PLANS.

AND WE'RE GOING TO GET INTO THAT A LITTLE BIT. I LIKE THAT AND I'LL AGAIN GET INTO THAT.

BUT THAT WOULD BE THAT WOULD BE FOR SOMETHING THAT WOULD NOT BE SPECIFICALLY TO BUFFER YARDS.

WHY IS BUFFER YARDS, SUCH A HOT TOPIC THAT IT NEEDED THE EXEMPTION.

BECAUSE WHEN WE START TALKING, I MEAN, WHAT WE DO HERE IS NUMBER ONE THING IS WE MAKE SURE EVERYTHING'S COMPATIBLE, RIGHT? AND WHEN WE START TALKING ABOUT LAND USES AND THINGS LIKE THAT THAT ARE GOING ADJACENT TO EACH OTHER, THE WHOLE PURPOSE IS TO MAKE SURE THAT THAT BUFFER YARD PROTECTS THE, NOT THE LESS INTRUSIVE LAND USE.

SO THAT'S WHY BUFFER YARDS, IT'S VERY COMMON THAT YOU SEE BUFFER YARDS HAVE SOME TYPE OF EXEMPTION OR WAIVER PROCESS.

[00:40:07]

I WOULD JUST SAY RECOGNIZE, I YOU'RE NOT GOING TO HAVE MY SMILING FACE UP HERE.

AND YOU MAY TRUST ME TODAY. YOU MAY NOT TRUST ME, BUT I DON'T KNOW WHAT STAFF YOU'LL HAVE IN THE FUTURE.

SO I THINK THAT'S SOMETHING TO TAKE INTO CONSIDERATION THAT IF YOU WANT THAT CONSISTENCY LIKE YOU'VE BEEN TALKING ABOUT, THEN MAYBE YOU WANT IT TO COME BEFORE THIS BOARD.

I WOULD PREFER, I WOULD PREFER THAT IT CAME TO P&Z AND ALL FUTURE BOARDS GOT TO DO THAT AND THERE'D BE A WAY TO ADDRESS THAT BECAUSE, YOU KNOW, I'M THINKING ABOUT WHENEVER WE HAD THAT BIG WAREHOUSE OVER THERE OFF OF 183 AND TO THE WEST OF IT WAS THAT BIG DRAINAGE DITCH. THEY DIDN'T HAVE TO DO A BUFFER, ALTHOUGH THERE WAS RESIDENTIAL ON THE OTHER SIDE, BECAUSE THAT WAS A NATURAL STRUCTURE THAT BY ITS NATURE COULDN'T BE CHANGED, ALTERED BECAUSE IT WAS A HUGE DRAINAGE DITCH THAT WAS ALWAYS GOING TO BE THERE. WE DIDN'T HAVE TO ASK THEM TO BUFFER, BUT IT GIVES IT GIVES A BOARD, A GROUP TO DO THAT.

ALSO, I THINK THE LONG TERM, EVEN STAFF WE TRUST ALSO PROTECTS STAFF FROM THE DECISION MAKING PROCESS BECAUSE NOW THEY'RE IT'S JUST STAFF'S DECISION. THERE IS NO OTHER WAY AROUND, AND THEY CAN'T REALLY DEBATE IT UNLESS THE DEVELOPER DOESN'T REALLY HAVE A WAY OUT.

IF YOU SAY NO, IT'S A NO. I MEAN, THEY COULD ALWAYS APPEAL A DECISION OF A STAFF MEMBER.

BUT YEAH, IT'S JUST MORE COMPLICATED IN A WAY.

OKAY, OKAY. PUT THAT IN THERE. SO I'M GOING TO CHANGE THAT TO A OKAY. YOU'RE IN, YOU'RE DONE. ALRIGHT THEN. I'M GOING TO KEEP ON GOING.

SO TALKING SPECIFICALLY ABOUT DISTRICT BUFFERS, THIS GIVES YOU THIS IS THAT DIFFERENCE BETWEEN A STRUCTURAL BUFFER VERSUS NATURAL BUFFER.

SO YOU CAN SEE THERE KIND OF WHAT THAT LOOKS LIKE.

IT'S ONE GREAT THING THAT I DO LOVE ABOUT WHAT WE GOT OUT OF CONSULTING ARE THESE ILLUSTRATIONS.

SO WITH A STRUCTURE BUFFER, THE BUFFER YARD ONLY HAS TO BE 20FT WIDE.

NATURAL IS 30FT. JUST AS A POINT OF REFERENCE, TODAY, OUR BUFFER YARD REQUIREMENT, WHICH REQUIRES THE STRUCTURE AND THE 30FT.

SO IF YOU DID THE IF YOU DID THIS OPTION AS IT'S PRESENTED, WE WOULD BE GIVING THEM A LITTLE BIT LESS OF A BUFFER YARD REQUIREMENT ON THE STRUCTURE SIDE COMPARED TO TODAY'S ORDINANCE. AND THEN YOU HAVE YOUR TREES VERSUS STRUCTURAL VERSUS NATURAL SHRUBS.

SO ON. AND THEN THE BERM, WHICH I APOLOGIZE, I REALIZE MY SCREEN GOT CUT OFF THERE, BUT THEY WOULD HAVE TO PROVIDE A BERM OR BERM OR FENCE THERE FOR THE STRUCTURE. SO I JUST WANT TO CLARIFY, I ASSUME THAT MEASUREMENT IS FROM THE EDGE OF THE PROPERTY LINE, NOT FROM THE EASEMENT. THAT'S CORRECT. OKAY. THAT'S CORRECT.

QUESTIONS COMMENTS CONCERNS ABOUT THAT. NO I LIKE THAT CONCEPT.

COLLECTIVELY, WHAT DO WE THINK ABOUT THE ESTHETICS OF THE STRUCTURAL BUFFER? BECAUSE IT'S GOING TO BE REQUIRED TO HAVE LANDSCAPING UP AGAINST IT OR IN FRONT OF IT ANYWAY, RIGHT? CORRECT. STILL HAS TO BE LANDSCAPING. OKAY.

YEAH. ONE JUST HAS A WALL. ONE DOESN'T. I KIND OF LIKE THE STRUCTURAL PART OF THAT BECAUSE AS WE HAVE SEEN IN THE PAST, HAVING MORE BUILDABLE, DEVELOPABLE SQUARE FOOTAGE IS THE MOTIVATION OF MOST DEVELOPERS AND THEN GO THAT EXTRA TEN FEET DOESN'T SOUND LIKE A LOT BUFFER WISE, BUT IT'S STILL TEN FEET DEPENDING ON HOW LONG THAT IS.

I MEAN, YOU COULD SEE WHERE THAT WOULD BE A PUSHBACK POINT.

THIS IS A GREAT ALTERNATIVE. YEAH. YEAH. OKAY.

THEN I WILL I WILL NOT TOUCH THAT AND LEAVE THAT AS IT IS.

OKAY. NEXT THING ARE THE STREET YARD OR STREET BUFFER YARDS.

AGAIN, THIS, WHAT WE DID IS WE JUST REALLY LOOKED AT THE ROADWAY TYPES THAT WERE DEFINED IN THE COMPREHENSIVE PLAN.

AND WE SAID, OKAY, IF YOU'RE ON A MAJOR THOROUGHFARE FREEWAY WITH THIS 30FT, YOU CAN SEE THERE WHAT IT LOOKS LIKE.

I DID MASSAGE THESE NUMBERS A LITTLE BIT BASED ON WHAT THE CONSULTANT GAVE.

IN SOME CASES I, ESPECIALLY ON COLLECTOR OR OTHER, I REDUCED WHAT THEY WERE REQUIRING BECAUSE I WASN'T SEEING A BIG DIFFERENCE IN WHAT THEY RECOMMENDED. BUT ANYWAY, I'M NOT GOING TO READ THAT TO YOU.

ANY QUESTIONS ON THAT? CONCERNS? JUST WANT TO MAKE SURE YOU UNDERSTAND WHAT WE'RE TALKING ABOUT WHEN WE'RE TALKING ABOUT THAT.

[00:45:05]

OH. OH. SEE? YOU RUINED IT FOR ME. YEAH. ALRIGHT.

ON THE STREET BUFFER YARD THING. JUMPING TO AFTER THAT'S DONE FROM A CODE ENFORCEMENT STANDPOINT, TO KEEP THE TREES TRIMMED ABOVE THE SIDEWALKS AND THE ROADWAY.

AND THEN ENFORCEABILITY TO THE 14FT AND ALL THAT.

WITH THIS, HOW WOULD THIS AFFECT THAT OR VICE VERSA? IS THERE YOU KNOW, I GUESS DO WE HAVE I HATE I APOLOGIZE FOR SAYING DO WE HAVE TOO MANY TREES, TOO CLOSE TO ROADWAYS OR BIG TREES CLOSE TO ROADWAYS THAT NOW WE'VE GOT A TRIMMING ISSUE THAT'S HARD TO ADMINISTER OR AT LEAST REGULATE ON A REGULAR BASIS? OR IS THAT. TREES ARE ON PRIVATE LAND, RIGHT? CORRECT. YEAH. WHAT I'M WONDERING ABOUT IS THE TREES THAT ARE INTERFERE WITH ABOVE ELECTRIC LINES.

IS THERE ANYTHING IN THERE ABOUT PREVENTING THAT? THERE IS. AND LET ME LET ME JUMP TO THAT REAL QUICK.

THERE IS A SECTION PRIVATE PERSON'S RESPONSIBILITY TO MAINTAIN THEM.

OR ALONG THE SAME TRAIN OF THOUGHT. THEY'RE PUBLIC UTILITIES, SUCH AS WATER SEWER THAT ARE RIGHT THERE IN THE EASEMENT TO PRETTY LARGE TREES, NEXT TO THOSE LONG TERM MAY NOT BE A GOOD IDEA. BUT FOR A COMMERCIAL DEVELOPMENT STILL ALONG THE ROADWAY. STILL, IT WOULDN'T BE RESIDENTIAL, BUT IT'D BE COMMERCIAL ASKING THEM TO PUT TREES IN THE STREET, YOU KNOW, IN OUR YARD.

SO AND THERE'S A COUPLE OF THINGS GOING ON HERE.

SO LET ME LET ME MAKE SURE I STAY ON TOP OF IT.

ONE ON PAGE TWO OF THE DOCUMENT SECTION G TALKS ABOUT DISTANCE FROM UTILITIES.

SO NO LARGE TREES SHALL BE PLANTED. SO THAT THE MATURE CANOPY OF THE TREE WILL BE UNDER OR WITHIN TEN FEET OF OVERHEAD UTILITY LINES.

AND THEN NO LARGE TREE SHALL BE PLANTED WITHIN FIVE FEET OF ANY UNDERGROUND WATER, WASTEWATER OR TRANSMISSION LINE OR FIRE HYDRANT SO.

THE ONE QUESTION I HAVE THERE IS FOR H-E-B, WE HAVE SOME NEW OVERHEADS, WHICH I WAS JUST SURPRISED ABOUT.

SO HOW MUCH HOW OFTEN IS THAT HAPPENING IN THE CITY WHERE WE DIDN'T HAVE OVERHEAD, BUT NOW WE DO BECAUSE SOMETHING CHANGED.

I MEAN, IT DOESN'T HAPPEN OFTEN. YOU'RE RIGHT.

BUT FOR INSTANCE, REDEVELOPMENT CAN AND H-E-B IS NOT REALLY REDEVELOPMENT.

IT'S MORE OF AN INFILL, I GUESS IS IF YOU WANT TO CALL IT THAT. BUT THAT WOULD I MEAN, IT CAN HAPPEN.

IT JUST DOESN'T HAPPEN OFTEN WITH US. WHICH OF THESE SUPERSEDES THE OTHER FOUR BUFFER YARDS IF WE'RE REQUIRING AN X AMOUNT OF TREES IN THIS SPACE.

BUT THEY SAY, HEY, WE CAN'T TO MEET THIS UTILITY REQUIREMENT, I CAN'T PLACE ANY TREES IN THIS BUFFER YARD BECAUSE THERE'S UTILITY LINE RUNS THROUGH HERE. I ASSUME THEN THEY WOULD BE IN COMPLIANCE WITH THAT.

THERE WAS A SECTION. GIVE ME A SECOND. HERE WE GO.

NO, I THOUGHT WE HAD A SECTION IN HERE. AND IF WE DON'T, I PROBABLY NEED TO BUILD SOMETHING IN, BUT I THOUGHT WE HAD A SECTION HERE TALKED ABOUT SUBSTITUTIONS.

SO IF YOU'VE GOT, YOU KNOW, IF YOU CAN'T PHYSICALLY DO ALL THE TREES THAT ARE REQUIRED, WHAT ARE THE SUBSTITUTION RATIO LOOK LIKE.

THAT'S A COMMON THING AND. THREE BUSHES OR SOMETHING LIKE THAT.

YEAH. AND I'M NOT FINDING IT RIGHT OFF THE BAT, SO I'LL MAKE A NOTE TO MAKE SURE THAT'S IN THERE.

WAS IT THE GENERAL STANDARDS CALCULATION? I'M SORRY.

SAY IT AGAIN. THE GENERAL STANDARDS CALCULATION.

MAYBE I'M. WE'RE A FRACTION OF 100-FOOT SEGMENT OF A BUFFER YARD IS REQUIRED.

THEN A FRACTION OF THE REQUIRED AMOUNT OF PLANNING SHALL BE REQUIRED.

THAT KIND OF APPLY IF THERE'S A UTILITY EASEMENT OF SOME SORT.

LET ME LOOK AT THAT AND CLARIFY THAT. OKAY. GOOD POINT, GOOD POINT.

ALTERNATE COMPLIANCE LANDSCAPE PLAN. SO I WANTED TO BRING THAT UP REAL QUICK.

THAT IS KIND OF FOR INSTANCE YOU KNOW, THE, THE WHOLE SECTION, I, I'VE DONE THIS, WE DID THIS IN THE SIGN ORDINANCE AS WELL.

WE CREATED A PROCESS THAT IF SOMEBODY COMES IN AND DOES SOMETHING REALLY INNOVATIVE THAT THIS ORDINANCE HAS NOT CONSIDERED THEN THIS GIVES THEM AN OPTION TO SAY, HEY, WE WANT TO DO SOMETHING HERE, BUT TECHNICALLY ORDINANCE DOESN'T ALLOW IT.

SO WE WANT TO DO THIS. AND THAT'S WHY WE PUT IN THAT PURPOSE SECTION.

SO THEY CAN MAKE SURE THEY'RE MEETING THE PURPOSE OF THE ORDINANCE.

THAT AGAIN IS SET FINAL DECISION AT ADMINISTRATIVE LEVEL.

BUT THERE'S CRITERIA SPELLED OUT IN THAT. SO FROM A STAFF STANDPOINT I'M FINE WITH THAT.

IF YOU ALL HAVE A CONCERN WITH THAT, IT DOES NOT HURT MY FEELINGS TO MAKE IT A P&Z OR ALL THE WAY UP TO COUNCIL APPROVAL.

[00:50:04]

YOU HAVE BOXES TO CHECK ON THAT. RIGHT. I THINK THAT SHOULD STILL AT LEAST BE PRESENTED TO COMMITTEE TO SEE IT SO THAT WE CAN BE AWARE OF WHAT THOSE WHAT THAT IS. I MEAN, DOES THAT SEEM REASONABLE? I'M NOT SAYING THAT WE RULE ON IT.

I'M JUST SAYING THAT MAYBE WE AT LEAST BE AWARE OF IT.

I, THE, MY ONLY FEAR WITH. IF IT'S REQUIRED TO COME BEFORE YOU.

I DON'T WANT TO GET INTO A SITUATION WHERE YOU MAY DISAGREE WITH STAFF.

AND SO IF COUNCIL ULTIMATELY APPOINTS YOU TO THIS POSITION.

SO IF YOU WANT TO HAVE REVIEW, I WOULD SAY YOU NEED TO HAVE REVIEW AND APPROVAL.

BUT WOULDN'T THAT ONLY COME TO US. WE WOULD SEE IT ON THE PLAT AND WE WOULDN'T CHANGE.

WE WOULDN'T SEE THAT. YOU WOULD ONLY SEE BASED ON THE WAY THE CURRENT ORDINANCE WRITTEN.

SO THIS WOULD ONLY APPLY TO SITE PLANS, NOT PLATS NECESSARILY.

OKAY. I MEANT SITE PLAN. AND RIGHT NOW THE ONLY TIME YOU SEE SITE PLANS PRIMARILY IS IF THEY'RE IN THE OVERLAY DISTRICT.

ALSO, THE ZONING ORDINANCE SAYS THAT IF IT'S A COMMERCIAL USE THAT IS IMMEDIATELY ADJACENT TO RESIDENTIAL, THAT'S A SITE PLAN THAT HAS TO GET APPROVED BY P&Z AND COUNCIL.

AND THERE'S SOME OTHER THERE'S A HANDFUL OF OTHER PROVISIONS IN THERE THAT REQUIRE IT, BUT THOSE ARE THE TWO GENERAL ONES.

I'M OKAY WITH IT. YOU WOULDN'T SEE US. I'M OKAY WITH ITS NAME.

WAS THAT BECAUSE ALL THAT'S GOING TO BE IN A PLAT, WHETHER IT COMES TO US OR NOT, AND YOU'VE GOT TO GO DOWN THROUGH THE BOXES ON THE PLATS ANYWAY TO SAY IT COMPLIES OR DOESN'T. I DON'T THINK THAT CONTINUES TO BE ADMINISTRATIVE WHETHER WE SEE IT OR NOT.

SO I WOULDN'T I WOULDN'T PULL IT OUT OF THERE.

I MEAN, IF YOU WANT CAN I TELL YOU MY THOUGHT ON IT? SURE. GO AHEAD. PLEASE. MY ONLY THOUGHT ON THAT IS IF SOMETHING IS AN EXCEPTION AND WE'RE SEEING MULTIPLE EXCEPTIONS FOR THE SAME THING, THEN THAT PROBABLY SHOULD BE A RULE. THAT'S PROBABLY BECOME PART OF POLICY, WHICH WOULD STILL NEED TO COME BEFORE THIS GROUP OR SOME OTHER ORDINANCE.

SO THAT'S THE ONLY REASON I WAS SAYING JUST TO BE AWARE OF WHAT THOSE CHANGES ARE. I'M NOT TRYING TO BE OVERSIGHT ON IT, BUT I JUST WANT TO BE AWARE OF IT SO THAT IF IT IS SOMETHING THAT'S LIKE, HEY, MAN, THAT'S A GREAT IDEA.

I LIKE THAT. MAYBE WE SHOULD IMPLEMENT THAT. NO, I UNDERSTAND THAT.

I WOULD HOPE THAT STAFF, IF THEY WERE IF IT EITHER WAY, IF IT'S COMING TO Y'ALL REGULARLY FOR AN EXCEPTION OR IF IT'S COMING TO STAFF AND STAFF REGULARLY, I WOULD HOPE THAT STAFF WOULD HAVE THE WHEREWITHAL TO SAY, HEY, WE NEED TO MAKE AN AMENDMENT TO THE ORDINANCE BECAUSE I'VE APPROVED FIVE OF THESE IN THE LAST SIX MONTHS. YOU KNOW, SOMETHING LIKE THAT.

YEAH. SO OKAY. ALL RIGHT. MAYBE JUST THAT INFORMATION.

YOU KNOW, WE'VE DONE FIVE OF THESE THAT ARE EXCEPTIONS INSTEAD OF WHAT THEY ARE.

MAYBE THIS IS HOW MANY EXCEPTIONS WE'VE HAD TO THIS AND JUST NO, THAT'S.

THAT'S A FAIR WE COULD AGAIN, I'M SPEAKING FOR FUTURE STAFF A LITTLE BIT, BUT AS LONG AS I'M HERE, I COULD SAY WE COULD DO, WE COULD ADD THAT TO OUR QUARTERLY OR MONTHLY UPDATES, YOU KNOW, THAT WE DO. BUT I CAN'T PROMISE THAT FUTURE STAFF WILL ALWAYS DO THAT.

BUT I CAN DO THAT. THAT'S GOOD ENOUGH. WE'RE STILL ON BUFFER YARDS.

WE CAN BE ON WHATEVER YOU WANT TO BE ON. WELL, SINCE WE STILL HAVE BUFFER, THAT'S WHY.

SO ON PAGE SEVEN OF 20, IT SAYS PAGE EIGHT OF 28.

IT SAYS THE CITY OR ANY FRANCHISE UTILITY IS NOT RESPONSIBLE FOR DAMAGE TO ANY LANDSCAPING WHILE PERFORMING REPAIRS OR MAINTENANCE TO ITS SYSTEMS. THE FORMER ED PERSON IN ME JUST KIND OF. I'M SORRY.

YOU SAID PAGE EIGHT. PAGE EIGHT OF 27. PAGE 30 OF THE PACKET.

OH. THAT'S INTERESTING. IT SAYS 4.D. I JUST. I JUST TO ME THAT JUST COMES ACROSS AS WE'RE JUST BETTER THAN EVERYONE ELSE AND I JUST DON'T LIKE THAT. I DON'T KNOW.

I MEAN BECAUSE WE KNOW I DON'T LIKE IT WHEN. I'M OKAY WITH THAT, BECAUSE.

ARE YOU? OH, YEAH. OH YEAH. BECAUSE YOU CAN SIT AND WAIT FOR YEARS FOR SOMEBODY TO DO SOMETHING THAT NEEDS TO BE DONE IMMEDIATELY.

BUT FOR EXAMPLE, WHAT IF A TREE HAS GROWN INTO A POWER LINE AND IT NEEDS TO BE CUT? BUT THIS IS ABOUT FOR DAMAGE TO ANY LANDSCAPING, WHILE PERFORMING REPAIRS OR MAINTENANCE TO ITS SYSTEM.

RIGHT, SO IF THERE'S A TREE THAT'S GROWN OVER TIME UP NEXT TO A POWER BOX OR A UTILITY OR A SEWER SYSTEM, AND WE NEED TO GET TO THAT SEWER SYSTEM, I DON'T THINK WE SHOULD HAVE TO PAY FOR THAT.

ANY DAMAGE TO THAT. AS A CITY I JUST DON'T THINK.

[00:55:01]

SO WE SHOULDN'T BE ALLOWING PLANTINGS AND EASEMENTS ANYWAY.

NOW IF THERE'S SOMETHING THAT'S EXISTING TODAY THAT MAY NOT HAVE GOTTEN INTO AN EASEMENT, YOU KNOW, 20 YEARS AGO. I CAN'T SPEAK TO THAT. BUT MOVING FORWARD, I KNOW THAT WE REGULARLY SAY, NO, YOU CAN'T HAVE THAT TYPE OF TREE IN OVER OUR EASEMENT OR WHATEVER IT MAY BE.

SO THAT'S THE WAY IT'S HANDLED TODAY. BUT I'LL MAKE A NOTE TO JUST SEE IF THERE'S A, IF THERE'S ANOTHER WAY TO WORD THAT WHERE IT, IT TRIES TO COVER BOTH PURPOSES. YEAH, OR MAYBE THIS IS STANDARD FOR ALL OTHER CITIES AND IT'S JUST ME BEING.

I CAN LOOK AT THAT AND SEE, I MEAN, IF THIS IS STANDARD POLICY, GREAT.

BUT TO ME, IT JUST KIND OF JUMPED OUT AT ME. AND WAS RIGHT ABOVE THAT.

IT DOES TALK ABOUT THE LANDSCAPING OF CITY RIGHTS AND THE RIGHT OF WAYS.

SO IT KIND OF WALKS YOU THROUGH. WELL, YEAH, YOU'RE RIGHT.

YOU CAN AND CANNOT DO WHAT IS PROHIBITED. AND SO I THINK JUST KIND OF SOLIDIFIES.

YOU CAN'T DO ALL OF THESE THINGS. BUT IF YOU DO, THE CITY IS NOT RESPONSIBLE.

IT WOULD BE AN INTERPRETATION OF THAT. OKAY. RIGHT. OKAY.

OKAY. THANK YOU. THANK YOU. OKAY.

I THINK THIS IS THE LAST SLIDE I HAVE, IF I'M NOT MISTAKEN.

AND I DON'T KNOW. I KNOW THAT WE HAVE SOME PEOPLE ON THE COMMISSION THAT ARE MUCH MORE KNOWLEDGEABLE ABOUT PLANTS THAN I AM.

I KNOW ONE OF THEM IS NOT HERE TONIGHT AND IF SO, WE'D PROBABLY BE WALKING STEP BY STEP THROUGH THAT.

HE'S ALREADY TOLD ME HE'S GOING TO CALL AND TALK TO ME ABOUT IT AND GIVE ME ANY COMMENTS.

IF YOU ALL HAVE ANY COMMENTS OR IF YOU WANT, IF YOU IF YOU DON'T WANT TO GO THROUGH THEM TONIGHT, I UNDERSTAND IF YOU'VE GOT JUST GENERAL QUESTIONS OR IF YOU WANT ME TO TAKE A DIFFERENT APPROACH, THEN I CAN I CAN DO THAT. THIS CAME DIRECTLY FROM THE CONSULTANT.

I DIDN'T TOUCH THIS AT ALL. SO IF YOU'VE GOT SOMETHING THAT YOU'RE LIKE, I THOUGHT I THOUGHT THE COUNCIL WORKED ON BIG, LARGE AND SMALL TREES. I THOUGHT THAT WAS OUR LIST.

NO. OR I WASN'T ON THE COUNCIL. WHEN DID YOU GUYS DEVELOP? WE DEVELOPED. WHAT WE DID IS WE DEVELOPED PROTECTED TREES VERSUS UNPROTECTED TREES.

THAT WAS IT. YEAH. FOR MITIGATION. FOR MITIGATION TO TAKE ARIZONA ASH OUT.

YOU MIGHT WANT TO ASK OUR BECAUSE IF I'M NOT MISTAKEN, THOSE ARE THE ONES THAT ARE A LOT IN MY NEIGHBORHOOD AND THEY ALL PRETTY MUCH CROAKED AT SNOWMAGEDDON. OH, THEY WERE HUGE. YEAH. WELL, I THINK IT'S THE ARIZONA ASH THAT WHAT I WANTED.

WHAT I WAS CHECKING IS HOW DO THESE GROW IN NORTH TEXAS? AND IF THEY DON'T UNDERSTAND HOW SOME TREES GROW HERE, LIKE ONE OF THE BIG MAGNOLIAS CAN GET 60FT TALL, BUT IT WAS CONSIDERED A SMALL TREE. SO I'M NOT AND I'M, YOU KNOW, I JUST WANT TO KNOW IF THE CONSULTANT CHECKED ALL OF THESE TREES AS SMALL AND LARGE AS THEY GROW IN THIS AREA, TYPICALLY IF THEY GROW.

I CAN ASK THAT QUESTION, THAT'S EASY BECAUSE.

I GUESS OUR EXPERT WILL KNOW BECAUSE THERE'S SWEET GUM ON THE LIST AND THEY GET HUMONGOUS AND THEY'RE NASTY.

AND THAT'S ON THE THAT'S ON THE SMALL. I KNOW THERE'S NO SUCH THING AS A SMALL SWEET GUM TREE.

THIS FRONT YARD, ABOUT TEN. THEY'RE 2024IN IN DIAMETER, 900FT TALL.

I MEAN, IT'S JUST CRAZY. WHAT WE'LL DO, LET US DO THIS BECAUSE WE'RE NOT THE ONLY CITY THAT HAS AN APPROVED PLANT LIST VERSUS WE'LL COMPARE THIS LIST.

AND I DID NOT DO THAT BEFORE TONIGHT'S MEETING, BUT WE'LL COMPARE THIS TO OTHER CITIES AND SEE HOW.

YEAH. AND SEE HOW THAT. AND THEN IF WE THINK THERE'S SOME CHANGES, WE'LL BRING THEM BACK TO YOU ON THAT SECOND ROUND.

OKAY. SOUNDS GOOD. ALL RIGHT. WE CAN DO THAT.

MAYBE WE'LL END UP WITH A MEDIUM TREE LIST ANYWAY.

THERE YOU GO. WE MIGHT JUST CUT IT IN HALF. IT'S MEDIUM.

RIGHT. OKAY. THE QUESTION FOR THE BOARD IS, WHAT DO YOU CONSIDER SMALL? I GUESS BEFORE YOU KNOW. WHAT? WHAT DO YOU CONSIDER SMALL? WELL, FORTUNATELY. JUST FOR OUR PURPOSES, FORTUNATELY IN THE HORTICULTURAL WORLD, THEY KNOW DWARF SPECIES, MEDIUM SPECIES. YOU KNOW WHAT THE MAXIMUM HEIGHT IS OF LIKE A RED MAPLE.

THEY ONLY GET JUST SO BIG. BUT IT'S OUT THERE SOMEWHERE, I GUESS.

SO SOMEWHERE. BECAUSE WE COULDN'T WE WOULDN'T.

I DON'T THINK WE WOULD BE ABLE TO MAKE UP AN ARBITRARY LIST THAT FOR A DEVELOPER, THEY COULDN'T SAY, OKAY, HERE'S THE TEXAS HORTICULTURAL LIST OF RATINGS OF TREES, BUSHES, SHRUBS, WHATEVER.

JUST IT HAS TO BE VERIFIABLE FROM SOME OTHER PLACE OTHER THAN JUST US, I WOULD THINK.

BUT WE ALSO MAYBE WANT TO ALLOW AN EXCEPTION.

WELL, AND THAT'S I WAS THINKING I WAS ABOUT TO SAY I AND FORGIVE ME, IT MAY HAVE BEEN IN THE ORIGINAL THAT I DID NOT CARRY OVER TO THIS DOCUMENT.

SO I'VE MADE A NOTE TO TALK ABOUT SUBSTITUTION BECAUSE I FEEL LIKE THERE NEEDS TO BE SOME FLEXIBILITY IN IT.

SO I'VE MADE A NOTE TO LOOK AT THAT SECTION AS WELL.

THERE MAY BE A KENYAN BUNGEE PLANT OR SOMETHING THAT THEY WANT TO ADD.

SURE. WHO KNOWS. OKAY. THE ONLY OTHER THING, ONE LAST THING THAT I'LL MENTION.

[01:00:07]

AND REALLY, ALL IT'S IN THE SECTION THAT TALKS ABOUT THE TREE REFORESTATION FUND.

SO JUST AS A REMINDER, IN ORDER TO MITIGATE TREE REMOVAL, YOU CAN PLANT TREES BACK.

YOU CAN PLANT TREES ON PUBLIC PROPERTY, AS LONG AS YOU HAVE CITY APPROVAL, OR YOU CAN PAY INTO THE REFORESTATION FUND.

THE EXISTING HOW IT READS TODAY DOES NOT ALLOW THE CITY TO USE THOSE FUNDS FOR TREE MAINTENANCE.

IT ONLY REALLY ALLOWS US TO BUY NEW TREES AND PLANT, WHICH IS GREAT.

AND WE'VE DONE, BUT IT DOESN'T ALLOW US TO MAINTAIN ANY EXISTING TREES THAT WE HAVE.

SO FOR INSTANCE, IT DOESN'T ALLOW US TO RUN IRRIGATION TO TREES THAT WE'VE PLANTED ANYTHING LIKE THAT.

SO I'VE, WE'VE MADE SOME AMENDMENTS AT THE REQUEST OF THE PARKS DEPARTMENT TO GIVE THEM SOME FLEXIBILITY TO USE THAT FOR MORE MAINTENANCE AS WELL, SO THAT'S. WITH WATERING CANS.

YOU KNOW, I TRIED TO GET THE ASSISTANT CITY MANAGER OUT THERE TO USE A WATERING CAN ON A TREE.

HE JUST WOULDN'T DO IT. HE WANTED A BUGGY IN A WATER TANK AND A SPRAYER.

THE JOHN DEERE TRACTOR. YEAH. SO. BUT THAT'S THE ONLY CHANGE.

THE I WILL STATE THAT AND I'VE HEARD FROM SEVERAL OTHER CITIES AND NOT SO SOME OF OUR DEVELOPERS THAT ARE SO HAPPY, WE HAVE A VERY STRICT TREE PRESERVATION ORDINANCE.

THAT WAS THE PURPOSE IN IT. SO I, AND WE'RE NOT MAKING ANY CHANGES TO THAT.

SO. HATS OFF TO ROGER FOR THAT. YEAH. YEAH. I DO HAVE A QUESTION THAT WAS UP IN THE FIRST PART OF THE TALKING ABOUT THE FENCING, THE BUFFERING STRUCTURES THEMSELVES AND THE ESCROW ACCOUNT AND COMMERCIAL PROPERTY ADJACENT TO RESIDENTIAL PROPERTY THAT'S NOT DEVELOPED BUT IS STILL ZONED RESIDENTIAL.

IT'S LIKE ON PAGE ONE RIGHT AT THE BEGINNING OF THIS DOCUMENT.

MY SCREEN IS FROZEN, SO I CAN'T HELP YOU WITH THAT, BUT IT'S RIGHT AT THE TOP, RIGHT AT THE FRONT OF THIS TOP OF THIS THING, ALL THE WAY UP. LOOKING REAL QUICK. PAGE ONE OF 27.

YEAH. RIGHT AT THE TOP. TALKS ABOUT ESCROW. YEAH.

WITH THE DEVELOPER HAS TO PUT MONEY IN AN ESCROW ACCOUNT FOR THE FUTURE DEVELOPMENT OF A FENCE IF THE RESIDENTIAL PROPERTY NEXT TO IT IS NOT DEVELOPED.

I THOUGHT THAT WAS. YEAH, I REMEMBER READING THAT.

I DO TOO, BUT I DON'T REMEMBER IT BEING THAT IN THAT SECTION THAT YOU'RE TALKING ABOUT.

LET ME JUST GIVE ME ONE SECOND. HERE IT IS. WHERE THE COMMERCIAL OR INDUSTRIAL DISTRICT ABUTS A LOT ZONED FOR RESIDENTIAL PURPOSES, BUT SUCH LOT IS NOT CURRENTLY BEING USED FOR RESIDENTIAL PURPOSES.

THE CITY SHALL PERMIT THE OWNER TO PAY INTO ESCROW FOR THE CONSTRUCTION OF A SIX-FOOT-HIGH MASONRY WALL AND AMOUNT OF MONEY, EQUAL TO THE COST OF CONSTRUCTING SUCH WALL AS A CONDITION PRECEDENT TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY.

DO YOU MIND TELLING ME WHAT PAGE YOU'RE ON? PAGE ONE.

PART TWO. PAGE ONE OF NINE. THAT MAY BE THE EXISTING STUFF.

14. OH, YOU'RE ON THE EXISTING ORDINANCE. OKAY.

I'M SORRY. NO, I APOLOGIZE. JUST IN OUR BACKUP HERE, THAT WAS LIKE THE FIRST PART OF THE ATTACHMENT TO.

SO THAT SO YES, THAT FIRST SECTION, THAT SECTION 5.5 SCREENING REQUIREMENTS.

THAT IS THE EXISTING ORDINANCE AS IT IS TODAY.

SO THAT'S YOUR ATTACHMENT A. YEAH. ARE WE CHANGING ANY OF THAT? WE ARE WE ARE NOT CARRYING THAT OVER. THE REASON WE'RE NOT CARRYING.

YEAH. NO, WE ARE NOT CARRYING THAT OVER. REASON BEING IS I MEAN, THE IF THE THOUGHT IS, IS THAT IF YOU'RE GOING AGAINST A ADJACENT NON. NON. NON RESIDENTIAL, THANK YOU.

I NEED TO GO HOME APPARENTLY. BUT ANYWAY IF YOU IF YOU'RE GOING AGAINST THAT YOU NEED TO BUILD THE WALL WHEN YOU, WHEN YOU DEVELOP YOUR PROPERTY. OKAY, SO I DIDN'T PICK UP ON THE FACT THAT THAT WAS.

YEAH. I'M SORRY ABOUT THAT. YEAH. OTHER THING.

NO, THAT WAS, THAT WAS THE EXISTING ORDINANCE AS IT IS TODAY.

BECAUSE I WAS GOING WITH THE, IF YOU ESCROW IT AND YOU CAN DO IT FOR SEVEN YEARS, THE MATH DOESN'T WORK.

YOU'LL NEVER BUILD A WALL. THAT'S THE WAY THE CURRENT ORDINANCE READS TODAY.

SO YEAH, THERE WON'T BE ENOUGH MONEY. YEAH. OKAY.

THANK YOU. SURE. THAT WAS FUN. THANK YOU SIR.

YEAH. THAT IS ALL I HAVE. ONE MORE QUESTION. SURE.

I WANT TO GIVE YOU SOME MORE WORK TO DO. BECAUSE I KNOW YOU DON'T, YOU KNOW, DON'T EVER WANT TO SLEEP.

[01:05:03]

I THINK THE FOUNDATION TREES, THE SMALL TREES, THEY HAD TO BE EVERGREEN.

YES. AND YOU WANT THERE MIGHT BE SOMETHING ADDED TO THE LIST APPROPRIATE THAT WHICH WE DEEM AS A DECIDUOUS VERSUS EVERGREEN.

OKAY. TO RESOLVE THAT ONCE AND FOR ALL THAT THIS IS THE EVERGREEN ONES, BECAUSE MOST OF THESE ARE GOING TO BE DECIDUOUS.

SOUNDS LIKE YOU ARE SECOND TREE EXPERT. WE DON'T MAYBE DON'T WANT, YOU KNOW, SEVERAL HUNDRED CEDAR TREES IN THE CITY.

THANK YOU. YEAH. SO WHAT I'M HEARING IS LIKE ON THE PLAN ON THE PLANT LIST, YOU WANT TO NOTATE EVERGREEN? IF IT ONLY APPLIES TO THE BUILDINGS. I DIDN'T, I HAVEN'T I DO A SEARCH ANYTHING THAT SAYS EVERGREEN.

IF THERE'S ANY LARGE TREES THAT HAVE TO BE EVERGREEN, YOU MIGHT WANT TO TELL THEM.

AND THEN WE WOULD KNOW WE ONLY HAVE THREE. I THINK IT WAS SMALL TREES NEXT TO.

OKAY. IN THIS AREA AGAIN. OH, THAT'S A GOOD POINT.

I'LL MAKE THAT NOTE. THAT'S AN EASY ONE. ALL RIGHT.

EXCELLENT. ALL I HAVE. THAT WAS ENOUGH. THANK YOU.

SO MY HOPE IS BECAUSE Y'ALL DIDN'T GIVE ME TOO MUCH TO DO.

MY HOPE IS THAT I WILL HAVE A DRAFT BACK BEFORE YOU FOR YOUR CONSIDERATION.

WE'LL POST IT AS A PUBLIC HEARING, DO THE ADVERTISEMENT AT YOUR JULY 9TH MEETING.

AND THEN THAT'LL GO TO COUNCIL BY THE END OF JULY.

AND WE'LL HAVE ONE OF THESE BOXES CHECKED OFF.

DID WE MISS ANYTHING? I DON'T THINK SO. OKAY.

WELL, THEN WE HAVE ONE MORE MOTION TO ENTERTAIN.

THEN I MOVE THAT WE ADJOURN. 7:06. WE HAVE A SECOND.

ALL IN FAVOR? SECOND. WE ARE ADJOURNED AT 7:06.

THANK YOU, COMMISSIONERS. THAT'S RIGHT.

* This transcript was compiled from uncorrected Closed Captioning.