WEBVTT

00:00:00.000 --> 00:00:05.460
 good afternoon ladies and gentlemen welcome to the planning and zoning work

00:00:05.460 --> 00:00:09.760
 session meeting for Wednesday March 3rd we do have a quorum and I'll call the

00:00:09.760 --> 00:00:15.600
 meeting to order at 505 we do not have any citizens comment on the consent

00:00:15.600 --> 00:00:19.680
 agenda this evening so we'll move right into our work session report starting

00:00:19.680 --> 00:00:26.340
 with a report and discussion regarding the development fees good evening

00:00:26.340 --> 00:00:30.120
 Commission Charlie Rosendahl the business services manager for development

00:00:30.120 --> 00:00:36.920
 services just going to give you guys a brief overview here of how we arrived at

00:00:36.920 --> 00:00:50.440
 our current development fees so just a little background it was 1999 that the

00:00:50.440 --> 00:00:56.600
 last fees schedule was adopted prior to our current fee schedule and the last

00:00:56.600 --> 00:01:03.880
 building inspections fees schedule was 2014 so back in June of 2019 we had a

00:01:03.880 --> 00:01:09.960
 consulting firm called matrix consulting group come out and do a fiscal analysis

00:01:09.960 --> 00:01:17.160
 for us and then gave us a cost recovery level of what we were at in our previous

00:01:17.160 --> 00:01:24.060
 fees schedule and then in August we had that presentation with City Council to

00:01:24.060 --> 00:01:28.600
 show them what the fees and the cost recovery was at that current state and

00:01:28.600 --> 00:01:33.800
 then later that year City Council adopted what we have as our current fees

00:01:33.800 --> 00:01:41.200
 schedule for development services so the process that matrix took was they came

00:01:41.200 --> 00:01:46.480
 in and looked at our existing fees and potential fees they used a time estimate

00:01:46.480 --> 00:01:54.260
 for each staff that touches a piece of that fee throughout the process they used

00:01:54.260 --> 00:01:59.800
 a fully burned hourly rate for that and then they came up with a cost recovery

00:01:59.800 --> 00:02:04.320
 level and any gaps that we had based on our current fees or our previous fees

00:02:04.320 --> 00:02:12.480
 set up so that total cost calculation includes direct costs that's the

00:02:12.480 --> 00:02:18.680
 salaries benefits of all the employees and then also department overhead costs

00:02:18.680 --> 00:02:22.960
 our office supplies the things that it takes to run the department and then

00:02:22.960 --> 00:02:28.720
 finally the last piece was the citywide overhead costs that's the contribution

00:02:28.720 --> 00:02:34.280
 of the city manager's office and time spent for our department some of the

00:02:34.280 --> 00:02:38.680
 other fees that go into running the entire city and what portion of that

00:02:38.680 --> 00:02:43.680
 development services has so that's how we got to a fully burdened costs and

00:02:43.680 --> 00:02:49.400
 that was applied to an hourly rate for each employee group and ultimately time

00:02:49.400 --> 00:02:54.340
 spent for each fee is how they determined a full cost recovery rate for

00:02:54.340 --> 00:03:00.240
 that fee after they went through this process they brought that to City

00:03:00.240 --> 00:03:05.640
 Council they determined the city was recovering 52% of our total costs at

00:03:05.640 --> 00:03:09.120
 that time in the development services department based on the previous fees

00:03:09.120 --> 00:03:17.000
 and then we were under collecting almost 5 million dollars so you can see here

00:03:17.000 --> 00:03:21.960
 also I'll point out that we have each of the divisions of the department broken

00:03:21.960 --> 00:03:31.000
 out here this is annual Aaron or Charlie yeah this is annual okay great so this

00:03:31.000 --> 00:03:35.680
 was the recommendation that was taken forward to City Council that current

00:03:35.680 --> 00:03:41.560
 there was what they found about 52% cost recovery level and then ultimately they

00:03:41.560 --> 00:03:47.040
 proposed that an overall 87% cost recovery level I'll point out here in

00:03:47.040 --> 00:03:51.880
 the planning department under our previous fees we were collecting just a

00:03:51.880 --> 00:03:57.120
 little under a quarter million dollars a year and that was only a 16% rate of

00:03:57.120 --> 00:04:01.840
 recovery now the building safety side had a much higher rate of recovery at 67%

00:04:01.840 --> 00:04:08.760
 and then engineering development was was collecting around 31% so you can see

00:04:08.760 --> 00:04:14.600
 here in the proposed that those rates were increased quite substantially but

00:04:14.600 --> 00:04:24.960
 not all the way up to 100% cost recovery so that that less than 100% that have we

00:04:24.960 --> 00:04:30.360
 arrived at that 87% cost recovery rate instead of a fully fully recovering all

00:04:30.360 --> 00:04:35.400
 of our cost is the community benefit portion so that there are things that we

00:04:35.400 --> 00:04:41.280
 do in the department that benefits the community as a whole and in our specific

00:04:41.280 --> 00:04:47.840
 development related costs that go into that these would be things like historic

00:04:47.840 --> 00:04:52.680
 landmarks a portion of our neighborhood and principal planning group that does

00:04:52.680 --> 00:04:57.120
 like citywide comprehensive planning and all the neighborhood planning

00:04:57.120 --> 00:05:02.440
 specifics those were not included and then there were certain benefits that

00:05:02.440 --> 00:05:07.400
 city wanted to subsidize city council wanted to subsidize like minor plats

00:05:07.400 --> 00:05:13.120
 for residential permits just to take some of that burden off on groups that

00:05:13.120 --> 00:05:19.080
 would would it be more impacted by these fees coming forward at a much higher

00:05:19.080 --> 00:05:25.400
 rate so things like appeals to ZBA were were subsidized because you don't want

00:05:25.400 --> 00:05:31.200
 to inhibit somebody from bringing appeal forward single-family alterations and

00:05:31.200 --> 00:05:35.320
 those kind of things were subsidized and then finally the the last subsidy was

00:05:35.320 --> 00:05:42.080
 minor permits so rather than charging a fully burdened rate for like a water

00:05:42.080 --> 00:05:47.080
 heater replacement or some kind of minor repair like that we chose to bring

00:05:47.080 --> 00:05:51.760
 forward a recommendation of a $50 fee for those minor permits that's just to

00:05:51.760 --> 00:05:56.920
 ensure compliance and make it easier on a homeowner coming forward we know that

00:05:56.920 --> 00:06:01.200
 permits protect so having somebody come in get a permit and have it reviewed by

00:06:01.200 --> 00:06:05.820
 us is a is a benefit and as to the safety of our community so we wanted to

00:06:05.820 --> 00:06:11.840
 bring that forward as a register Anderson you have a question yes a quick

00:06:11.840 --> 00:06:16.960
 question did you say we charge a $50 per minor permit fee if somebody's

00:06:16.960 --> 00:06:22.240
 water heater goes out and they need to replace it yes why is that I mean that's

00:06:22.240 --> 00:06:25.040
 kind of I think it's kind of ridiculous these people already upset I mean that

00:06:25.040 --> 00:06:30.600
 they're already hurting oh currently currently the city is waived all fees

00:06:30.600 --> 00:06:34.960
 related to anything that happened as a result of the storm for plumbing repairs

00:06:34.960 --> 00:06:39.160
 or any of those associated fees so that's that $50 fee isn't currently in

00:06:39.160 --> 00:06:43.760
 effect this is under normal circumstances this would be like a minor

00:06:43.760 --> 00:06:50.600
 plumbing repair or something of that nature it would just have the $50 fee I

00:06:50.600 --> 00:06:54.280
 still don't understand why we would charge a $50 fee for somebody having to

00:06:54.280 --> 00:06:59.760
 replace a water heater I believe it's there's an inspection involved for it so

00:06:59.760 --> 00:07:05.120
 there's there is some work on the city side that goes into it but that was the

00:07:05.120 --> 00:07:18.320
 minor $50 fee all right thanks any other questions on this slide so after we had

00:07:18.320 --> 00:07:23.000
 the presentation with City Council in August of that year we adopted our

00:07:23.000 --> 00:07:28.840
 current fee schedule in September and that went into effect in October of 2019

00:07:28.840 --> 00:07:35.240
 that's the the fee schedule that we currently have in development services so

00:07:35.240 --> 00:07:40.720
 I'll take any other questions that somebody might have yeah Charlie can you

00:07:40.720 --> 00:07:48.280
 maybe on a very high level just when is the obligation from the residents or

00:07:48.280 --> 00:07:54.640
 developers to pay the development fee is what is it assessed and is it like a net

00:07:54.640 --> 00:08:03.560
 30 years of due pre before permits what what is what's that process um so on the

00:08:03.560 --> 00:08:12.400
 so we kind of do it two ways there's upfront fees in some cases on the

00:08:12.400 --> 00:08:19.280
 planning side and then these will be collected at a later date on the planning

00:08:19.280 --> 00:08:23.920
 side and then the building permit fees are captured an instrument so you pay

00:08:23.920 --> 00:08:27.320
 up front on the on the planning side and then most of the building permit fees

00:08:27.320 --> 00:08:30.840
 are paid at issuance of the permit so you can't come get their permit until

00:08:30.840 --> 00:08:34.160
 those fees are paid and there's there's three categories there's planning

00:08:34.160 --> 00:08:38.880
 building what's the third category and when is that engineering development is

00:08:38.880 --> 00:08:45.160
 also paid upfront with the exception of simple engineering plans those are have

00:08:45.160 --> 00:08:49.240
 an hourly rate associated with them and those are charged monthly so there's a

00:08:49.240 --> 00:08:54.480
 $3,000 upfront deposit for those and then based on the work of our outside

00:08:54.480 --> 00:09:01.480
 consultant HR green charge an hourly rate monthly for those and then

00:09:01.480 --> 00:09:06.720
 secondary to that what how is the the management of all the different

00:09:06.720 --> 00:09:11.000
 departments coming together to make sure that the recovery rate is 87% is that

00:09:11.000 --> 00:09:13.960
 uniformly broken down into the percentages you showed on that previous

00:09:13.960 --> 00:09:19.080
 side that when they come to planning they're paying 84% of those fees how

00:09:19.080 --> 00:09:24.260
 it seems that we're cross departments on all these fees how do we ensure that

00:09:24.260 --> 00:09:28.520
 we're not being over feed or under feed yes so those are actually all divisions

00:09:28.520 --> 00:09:33.160
 of the development services department so we we help house all those different

00:09:33.160 --> 00:09:39.480
 divisions in our fees and we we report that out as a whole that cost recovery

00:09:39.480 --> 00:09:50.480
 rate monthly okay thank you Mr. Cole thank you chair Charlie do y'all look at

00:09:50.480 --> 00:09:56.360
 other municipalities fees as well like where we stand and you know in

00:09:56.360 --> 00:10:01.000
 comparison yeah so we did have comparisons when we brought this forward

00:10:01.000 --> 00:10:07.280
 back in August the City Council most other cities there there are very few I

00:10:07.280 --> 00:10:11.660
 know Austin is one of them are based on a full cost recovery model like you

00:10:11.660 --> 00:10:17.040
 chose to do here in the city of Bentham many of the other fees in the

00:10:17.040 --> 00:10:22.160
 neighboring Metroplex they have fees that are more similar to what we had

00:10:22.160 --> 00:10:30.320
 prior to going to a cost recovery model they they just have a more of a set fee

00:10:30.320 --> 00:10:33.520
 schedule like we used

00:10:37.520 --> 00:10:47.620
 Mr. Smith here's a chair was oh yeah Charlie I was got same kind of question

00:10:47.620 --> 00:10:54.000
 as as Commissioner Cole but what about on on contemporaries on cost recovery

00:10:54.000 --> 00:10:58.360
 percentages rather than just saying our our fees themselves how they match up

00:10:58.360 --> 00:11:02.760
 I'm sure that differs for municipality municipality based off of size age of

00:11:02.760 --> 00:11:06.560
 infrastructure a number of different factors and that cost recovery model is

00:11:06.560 --> 00:11:11.680
 about mid 80s to almost 90 percent cost recovery is kind of standard I know

00:11:11.680 --> 00:11:15.240
 there are as you said municipalities that are 100 percent cost recovery

00:11:15.240 --> 00:11:20.960
 municipalities but yeah I would I would say that I haven't looked into other

00:11:20.960 --> 00:11:26.560
 cities cost recovery base you know going into their cost and almost they collect

00:11:26.560 --> 00:11:32.280
 in revenue but just based on where we are I would assume that we have a much

00:11:32.280 --> 00:11:37.800
 higher cost recovery rate than other neighboring cities would be we try to be

00:11:37.800 --> 00:11:43.640
 as lean as possible on our cost and on our staffing we have comparable staffing

00:11:43.640 --> 00:11:49.080
 levels to other cities of our size but our rates are higher than those other

00:11:49.080 --> 00:11:57.200
 cities after we follow that that cost recovery model okay the that you said

00:11:57.200 --> 00:12:03.160
 the current was the one that was set in I can't write you said that in the in

00:12:03.160 --> 00:12:06.640
 your conversation but looking back to the presentation you said when was that

00:12:06.640 --> 00:12:11.360
 current before we updated in 2019 when was that that current one where those

00:12:11.360 --> 00:12:19.160
 things on the on the planning side that was last looked at in 1999 okay so man

00:12:19.160 --> 00:12:24.280
 that that amount of that amount of inflation over time to you know from a

00:12:24.280 --> 00:12:31.280
 basically all I get about 52 percent coverage really 16 percent cost recovery

00:12:31.280 --> 00:12:38.560
 on a planning side of things that you know 20 or the yeah 20 years or so that

00:12:38.560 --> 00:12:41.880
 really makes a big difference in the inflation how what are some of the other

00:12:41.880 --> 00:12:47.600
 factors that weigh in to some of these pieces I mean on the planning side it

00:12:47.600 --> 00:12:51.200
 sounds like a lot of that is just wage growth is kind of the biggest factor

00:12:51.200 --> 00:12:55.760
 there is wages increase and the time for hours that are invested in planning

00:12:55.760 --> 00:13:00.200
 staff into that that's where that's the factor that a planning piece that really

00:13:00.200 --> 00:13:03.320
 increases that cost over time and essentially I'm trying to get at Charlie

00:13:03.320 --> 00:13:11.320
 is how long until our approved 2019 fees are going to be out of date or going to

00:13:11.320 --> 00:13:16.000
 be well underfunded and doing Dewey as a commission probably make a

00:13:16.000 --> 00:13:20.040
 recommendation to council of having these fees being being reassessed on a

00:13:20.040 --> 00:13:25.720
 more regular basis than every 20 years yeah so I would I would say as far as

00:13:25.720 --> 00:13:31.920
 the previous fee schedule it's you can't really do an inflation rate or or how

00:13:31.920 --> 00:13:37.040
 we got there because the the time methodology that we use to build our

00:13:37.040 --> 00:13:43.800
 costs this time around weren't used in the previous fee schedule okay 99 I'm

00:13:43.800 --> 00:13:49.240
 assuming that they just looked at other area cities and chose numbers that were

00:13:49.240 --> 00:13:54.380
 comparable to the other cities around us so this this way we went about it this

00:13:54.380 --> 00:13:59.880
 time is completely different than what they built that model on before as far

00:13:59.880 --> 00:14:04.400
 as continued look at it is something that we continue to look at where our

00:14:04.400 --> 00:14:10.440
 cost recovery is and if we see that that dipping then we would we would continue

00:14:10.440 --> 00:14:14.120
 to bring it forward to City Council it was one of the recommendations of

00:14:14.120 --> 00:14:18.680
 matrix continue to look at our fee schedule and not leave it for the next

00:14:18.680 --> 00:14:23.480
 20 years and pick it back up then so it is something that we look at monthly to

00:14:23.480 --> 00:14:27.400
 see how we compare to what we should be comparing to and it's something that we

00:14:27.400 --> 00:14:31.400
 would definitely need to address if we all the sudden a much lower cost

00:14:31.400 --> 00:14:39.360
 recovery rate than we adopted original I mean just just doing rough math here I

00:14:39.360 --> 00:14:44.040
 mean did you say when the planning I'm sorry did you say when the building fee

00:14:44.040 --> 00:14:50.000
 model had been last updated I said planning was 99 building you know

00:14:50.000 --> 00:14:56.280
 14 okay I'm assuming that that's probably our largest year-over-year growth

00:14:56.280 --> 00:15:01.040
 and change of fees construction costs going up as well even you probably make

00:15:01.040 --> 00:15:04.720
 that assessment as well yeah they hold the majority of building the building

00:15:04.720 --> 00:15:10.440
 cycle the majority of the pizza back here besides you can see that the total

00:15:10.440 --> 00:15:18.040
 angle for planning is one and a half one point five million on the building side

00:15:18.040 --> 00:15:22.000
 it's it's over eight and a half

00:15:22.000 --> 00:15:31.000
 okay thank you Richard yes I just wanted to add because I think it's also

00:15:31.000 --> 00:15:35.600
 important to note that from sort of the management and operational side we're

00:15:35.600 --> 00:15:40.200
 also looking at ways to be even more efficient in our reviews and so those

00:15:40.200 --> 00:15:44.440
 are things we're continually looking to improve so if there's a way that we can

00:15:44.440 --> 00:15:48.880
 we can lower those fees I mean again we're not in here to make money it was

00:15:48.880 --> 00:15:52.760
 to really recoup those costs and so we're continually looking at ways to be

00:15:52.760 --> 00:15:57.020
 more efficient and so if we can bring some of those fees down certainly that

00:15:57.020 --> 00:16:02.960
 that is something we will also bring forward Commissioner Ellis thank you

00:16:02.960 --> 00:16:07.800
 chair yes when are these fees brought up to the applicant is it at the beginning

00:16:07.800 --> 00:16:14.240
 stages I would assume of the process yeah the fees are discussed typically

00:16:14.240 --> 00:16:18.440
 when we have a pre-application conference most most developments go

00:16:18.440 --> 00:16:22.800
 through the pre-application conferences and at that point they're aware of what

00:16:22.800 --> 00:16:27.600
 fees will be charged based on what we assume will be their development pattern

00:16:27.600 --> 00:16:35.840
 and they get some kind of estimate from the city yeah at that point thanks

00:16:36.680 --> 00:16:43.840
 Charlie is it is it possible to control for any lack of projects due to COVID

00:16:43.840 --> 00:16:50.760
 and gather if this fee structure has reduced interest in development is there

00:16:50.760 --> 00:16:59.080
 been an impact just in industry from pre 2019 to current I know COVID kind of

00:16:59.080 --> 00:17:03.360
 messes some of that up but how has this been received that such a significant

00:17:03.360 --> 00:17:09.400
 increase in development fees I would say it is definitely a shock at first we

00:17:09.400 --> 00:17:13.440
 brought them in on the on the front side during our developer town halls let them

00:17:13.440 --> 00:17:17.080
 know that this was coming forward and this is the way we're going about it and

00:17:17.080 --> 00:17:22.040
 what we're looking at as far as our projects of middles and in our average

00:17:22.040 --> 00:17:26.760
 reviews we haven't seen a drop we've actually seen some increases in

00:17:26.760 --> 00:17:33.240
 activity and development now what whether that would be more it would be a higher

00:17:33.240 --> 00:17:37.200
 increase if not for the fees I'm not sure but we haven't seen a drop off in

00:17:37.200 --> 00:17:44.720
 development so thank you Christian Christian back thank you chair Charlie

00:17:44.720 --> 00:17:52.920
 when when matrix came in and did the development did did they compare I mean

00:17:52.920 --> 00:17:58.400
 it's hard to it's hard to look back at 1999 and follow the same procedure that

00:17:58.400 --> 00:18:06.160
 you did in 2020 but did they did they take an estimate of of that do we know

00:18:06.160 --> 00:18:11.520
 what the sort of I mean because to to Chairman's or Commissioner Smith's you

00:18:11.520 --> 00:18:16.880
 know question it feels a little bit like comparing the the top and bottom of the

00:18:16.880 --> 00:18:23.800
 of the recommendation slide is a little apples and oranges because we may have

00:18:23.800 --> 00:18:27.800
 done things very differently I think we've alluded to that in several of the

00:18:27.800 --> 00:18:34.840
 questions so when the matrix when matrix did their assessment did they use did

00:18:34.840 --> 00:18:45.360
 they estimate what the 1999 recoveries would be using the 2020 methodology no

00:18:45.360 --> 00:18:50.480
 they didn't go back to I'm assuming you mean like activity levels and

00:18:50.480 --> 00:18:55.320
 development and 99 and and use the current fees they didn't they didn't do

00:18:55.320 --> 00:19:04.640
 that okay I'm just you know looking at them you know it it feels like perhaps

00:19:04.640 --> 00:19:09.920
 we're I mean I that we're being a little it's it's I think the comparison that

00:19:09.920 --> 00:19:13.920
 we're trying to do isn't isn't quite valid I mean if those are the costs that

00:19:13.920 --> 00:19:18.000
 it costs us to do planning and development and we have a hundred

00:19:18.000 --> 00:19:22.720
 percent cost recovery model then and unless there's an objection to the

00:19:22.720 --> 00:19:30.540
 methodology that staff and matrix used to to parse parse the salaries and HR

00:19:30.540 --> 00:19:35.360
 benefits and things like that I don't really I understand that it's a shock to

00:19:35.360 --> 00:19:42.240
 some developers but it feels like it's because we were passing those costs on

00:19:42.240 --> 00:19:51.360
 to to general revenue rather than do cost recovery so was the goal in 1999 to

00:19:51.360 --> 00:19:59.360
 have a hundred percent cost recovery in in 1999 no they didn't I haven't seen

00:19:59.360 --> 00:20:03.760
 anywhere that they followed some kind of model based on cost to set those fees in

00:20:03.760 --> 00:20:09.080
 99 I think the progressive mood forward from whenever fees were originally

00:20:09.080 --> 00:20:14.640
 adopted and slowly incrementally increased over time that they arrived at

00:20:14.640 --> 00:20:21.680
 the 99 fees but it's using our current model that I don't think cost were

00:20:21.680 --> 00:20:27.160
 considered at that point and and when did we have the the professed goal of

00:20:27.160 --> 00:20:34.840
 getting as close as possible to cost recovery I think council brought it up

00:20:34.840 --> 00:20:41.400
 sometime in 2018 that they wanted to have a look at this when budgets

00:20:41.400 --> 00:20:46.440
 budgets were tightening and we understood that there was quite a large

00:20:46.440 --> 00:20:53.960
 subsidy for development to the general fund for our department so we there was

00:20:53.960 --> 00:20:57.840
 that revenue there that was having to be made for made up for with property tax

00:20:57.840 --> 00:21:03.480
 or some other kind of revenue source so they've done this with a number of items

00:21:03.480 --> 00:21:09.560
 impact fees and other other fees that the city charges to try to look more at

00:21:09.560 --> 00:21:16.400
 the the costing level rather than what our current model is or was okay thank

00:21:16.400 --> 00:21:22.120
 you I appreciate it Charlie I have one more question do you have an average

00:21:22.120 --> 00:21:27.280
 cost per project like what do what are people what are people paying to

00:21:27.280 --> 00:21:34.520
 developing and then with this fee I don't have an average costs across the

00:21:34.520 --> 00:21:48.960
 board our fee schedule is online I can give you some examples here so like a

00:21:48.960 --> 00:21:54.600
 preliminary plat is based on lots and that's a range from seven thousand five

00:21:54.600 --> 00:22:02.160
 hundred dollars to seventeen thousand dollars zoning change

00:22:17.240 --> 00:22:25.160
 its zoning change is eight thousand seven hundred dollars roughly do you

00:22:25.160 --> 00:22:31.080
 encounter any stagnation and projects going forward because of this fee

00:22:31.080 --> 00:22:35.480
 specifically is that is that a thing

00:22:35.480 --> 00:22:42.640
 Richard you might know better I'm quite I'm having a because I don't have the

00:22:42.640 --> 00:22:47.940
 headphones on some reverb here so if you can just repeat it I'm sorry I'm

00:22:47.940 --> 00:22:50.280
 probably gonna have to switch the other computer because I can't hear that well

00:22:50.280 --> 00:22:56.820
 no worries I'm happy to repeat has there do these development fees ever halt a

00:22:56.820 --> 00:23:01.040
 project going forward is this is that a thing that they want someone wants to

00:23:01.040 --> 00:23:05.920
 develop but these fees are the reason they don't we haven't we haven't come

00:23:05.920 --> 00:23:11.800
 across that yet there have been some instances where we have some individual

00:23:11.800 --> 00:23:16.040
 I'll give one example and this will probably be one that actually will be

00:23:16.040 --> 00:23:23.680
 one that will revisit for a mobile home to be placed on an on a platted lot it

00:23:23.680 --> 00:23:28.920
 requires an SUP permit and so looking at what would typically go into an SUP

00:23:28.920 --> 00:23:35.040
 review say for a 300 unit multifamily project on five you know four acres five

00:23:35.040 --> 00:23:39.960
 acres is a much more intensive review than it would be for for that lot

00:23:39.960 --> 00:23:43.920
 although there there's not that difference in fees and so I think part

00:23:43.920 --> 00:23:48.920
 of it is going back through the the DDC and identifying some of those instances

00:23:48.920 --> 00:23:53.040
 where we just need to take another look so again as I mentioned those those

00:23:53.040 --> 00:23:59.840
 process improvements we've had some individuals you know want to submit for

00:23:59.840 --> 00:24:04.680
 a rezoning but one of those staffs recommendation up front and and I tell

00:24:04.680 --> 00:24:09.000
 them until until we you submit the application and we review it I can't I

00:24:09.000 --> 00:24:12.760
 can't give you those assurances it's you're gonna have you know a positive

00:24:12.760 --> 00:24:16.640
 recommendation from staff what I can tell you is submit everything that we've

00:24:16.640 --> 00:24:22.080
 asked for and we will look at it as quickly and get those comments back to

00:24:22.080 --> 00:24:26.160
 you but kind of going back to one of the other one of the other questions about

00:24:26.160 --> 00:24:31.200
 how this kind of all came about I think I think it was twofold it was one does

00:24:31.200 --> 00:24:36.440
 the does attack general fund ad valorem continue to subsidize development

00:24:36.440 --> 00:24:42.280
 review but also I think we've come a long way over the last five six seven

00:24:42.280 --> 00:24:47.320
 years how long it took for reviews to get to get through and so part of it was

00:24:47.320 --> 00:24:51.340
 you know providing providing that service making sure you get through as

00:24:51.340 --> 00:24:55.400
 expeditiously as possible efficiently we provide you with those comments so

00:24:55.400 --> 00:25:00.040
 we're not going through seven eight reviews and a plat doesn't take you you

00:25:00.040 --> 00:25:04.680
 know 300 days to get in front of planning and zoning and so it was a

00:25:04.680 --> 00:25:10.400
 combination of all of that as we kind of looked at that in 1819 great thanks

00:25:10.400 --> 00:25:14.960
 question for neta yeah and you kind of slightly touched on this a second ago

00:25:14.960 --> 00:25:20.360
 when you mentioned putting a you know a mobile home I guess my question is is

00:25:20.360 --> 00:25:26.080
 there a place right now where someone would be able to go and kind of get a

00:25:26.080 --> 00:25:29.920
 general idea what their fees are going to be I know that they do basically you

00:25:29.920 --> 00:25:33.400
 know kind of an advisory session with staff so they kind of get an idea of

00:25:33.400 --> 00:25:37.880
 what it's going to cost but say I'm a person who's got an infill lot in town

00:25:37.880 --> 00:25:42.080
 that's already you know zoned and I can build by right is there a place where I

00:25:42.080 --> 00:25:45.800
 could kind of get an idea of what I'm going to wind up having to pay in fees

00:25:45.800 --> 00:25:52.880
 to finally put a put a house on that piece of property absolutely we can do

00:25:52.880 --> 00:25:56.320
 it either through that that pre-application conference if it's just a

00:25:56.320 --> 00:26:00.520
 single-family lot or a single-family house going on that lot there would not

00:26:00.520 --> 00:26:05.520
 be any sort of zoning compliance plan site plan approval for the most part you

00:26:05.520 --> 00:26:09.760
 would probably go straight to building permit there might be some tree

00:26:09.760 --> 00:26:12.860
 preservation review done but that could all be that could all be done at that

00:26:12.860 --> 00:26:16.600
 permit time but those are things that what we've been doing with the

00:26:16.600 --> 00:26:20.880
 pre-application conferences is providing that estimate of fees it's

00:26:20.880 --> 00:26:25.780
 it's usually done after the conference so that way as we have those discussions

00:26:25.780 --> 00:26:29.680
 and get a better grasp of exactly what they want to do we're able to tailor

00:26:29.680 --> 00:26:34.120
 those application types but then in addition provide some time frames as

00:26:34.120 --> 00:26:38.440
 well so coming into it you know what your you have a pretty good estimate of

00:26:38.440 --> 00:26:41.440
 what your fees going to be but also the timeframe that it's going to take you to

00:26:41.440 --> 00:26:44.200
 get through that it's going to get you through the process and I'd say we're

00:26:44.200 --> 00:26:49.640
 pretty pretty accurate on on both but you know there's there's not a resource

00:26:49.640 --> 00:26:53.200
 like online and everything where people could get a ballpark before the

00:26:53.200 --> 00:26:57.440
 pre-application process I guess what I'm asking um I don't I don't believe we we

00:26:57.440 --> 00:27:00.880
 have that I know at one point we we looked at or talked about sort of this

00:27:00.880 --> 00:27:04.520
 fee estimator but I think part of the part of the challenge with that is

00:27:04.520 --> 00:27:09.280
 there's so many variables that could come into play certainly anytime

00:27:09.280 --> 00:27:16.040
 someone calls you know we could provide that pretty pretty quickly okay

00:27:16.040 --> 00:27:22.640
 Commissioner Beck thank you chair I just want to double down on Commissioner

00:27:22.640 --> 00:27:28.840
 Prenettas and I know Richard you said you looked at that but I mean you don't

00:27:28.840 --> 00:27:34.440
 have to you don't have to be legally accurate to have a tool you just have to

00:27:34.440 --> 00:27:41.000
 get within sort of a marginal ballpark and say you know within within generally

00:27:41.000 --> 00:27:45.960
 within 10% or 20% or something this is going to this is this is likely if you

00:27:45.960 --> 00:27:52.000
 run these sliders around or change these on a on an estimator you might save

00:27:52.000 --> 00:27:56.720
 staff actually a lot of time if developers had already sort of done a

00:27:56.720 --> 00:28:02.080
 lot of the legwork for you so that by the time you see it it just goes through

00:28:02.080 --> 00:28:06.360
 like butter so I'm just I'm gonna encourage you to continue to investigate

00:28:06.360 --> 00:28:15.920
 a non contractually binding estimator yeah I think for the planning fees it's

00:28:15.920 --> 00:28:20.080
 pretty straightforward gets complicated I think is when you get into actual

00:28:20.080 --> 00:28:25.760
 construction and the various levels of fixtures and and again there's there's

00:28:25.760 --> 00:28:32.000
 a lot of variables that go more into the on the building side then then the sort

00:28:32.000 --> 00:28:40.960
 of planning application entitlement side all right the only thing I would add this

00:28:40.960 --> 00:28:45.360
 is obviously these fees are in play but I would have I would love to see in the

00:28:45.360 --> 00:28:50.160
 future exploring kind of variable rates here for incentivized projects or

00:28:50.160 --> 00:28:55.040
 de-incentivized projects like I wonder if we raise the the fees on on

00:28:55.040 --> 00:28:59.520
 everything and then we have incentives that give discounts and you could

00:28:59.520 --> 00:29:06.040
 actually maybe cut the subsidies lower by having some uses or projects pay

00:29:06.040 --> 00:29:10.480
 variable rates and then kind of help develop and cultivate different projects

00:29:10.480 --> 00:29:13.600
 in town but I don't know if that's possible but that'd be an interesting

00:29:13.600 --> 00:29:19.280
 conversation have Krishna back thank you chair I forgot to ask I meant to ask this

00:29:19.280 --> 00:29:26.680
 in the meeting did you Charlie did you say what the the cost structure was for

00:29:26.680 --> 00:29:39.080
 matrix to do the analysis I can send that out after I don't recall what their

00:29:39.080 --> 00:29:43.880
 consulting fee was and I I'll just say where where I'm going with this I mean

00:29:43.880 --> 00:29:48.960
 it in terms of regularly reevaluating so that we're more in line with actual

00:29:48.960 --> 00:29:53.780
 costs I mean obviously you don't want to do that so often that that the matrix be

00:29:53.780 --> 00:30:03.520
 the or whoever we we contract is a significant portion of our cost but it

00:30:03.520 --> 00:30:07.920
 might I'd be interested in you know if it's if it's a five million dollar

00:30:07.920 --> 00:30:14.880
 modeling estimate to do all this and you know then and we only save through

00:30:14.880 --> 00:30:20.040
 efficiencies you know five million then then basically that that that's a wash

00:30:20.040 --> 00:30:25.920
 so that that's sort of I'm sure you guys are looking into that sort of thing I'm

00:30:25.920 --> 00:30:39.720
 just curious yeah I want to say that it was what less than 100,000 okay thank

00:30:39.720 --> 00:30:46.800
 you any other questions for Charlie great Charlie thanks for being here and

00:30:46.800 --> 00:30:53.080
 presenting I appreciate it thank you everybody next on the agenda is to go

00:30:53.080 --> 00:30:56.880
 through our regular meeting agenda before I go into that Richard is there

00:30:56.880 --> 00:31:08.320
 any updates on any of these items did he even hear me I did hear additional

00:31:08.320 --> 00:31:15.000
 updates sorry but having issues with unmuting myself all day today well then

00:31:15.000 --> 00:31:20.600
 we'd hop right into it first is they can send agenda let's see do we have any

00:31:20.600 --> 00:31:26.680
 questions to lead this or maybe that's the the best way to start so we can dive

00:31:26.680 --> 00:31:35.160
 into this Christian are back sorry now I'm having new issues um yeah I only had

00:31:35.160 --> 00:31:45.920
 a brief question on A&C and can we go ahead and call Sean Jacobson we'll start

00:31:45.920 --> 00:32:11.240
 we'll start at 3a hello change I could start back do you want to start with your

00:32:11.240 --> 00:32:15.540
 question yeah so this is really brief on that on that property that they have the

00:32:15.540 --> 00:32:22.640
 ESA to the west and it but I know that there's a road that kind of runs diagonal

00:32:22.640 --> 00:32:26.760
 and most of the developments to the east and I just wanted to be clear because I

00:32:26.760 --> 00:32:38.040
 was just a little fuzzy that the impact is there's no drainage or adjacency

00:32:38.040 --> 00:32:43.680
 impacts on the ESA to the west over by the Walmart or Home Depot or whatever it

00:32:43.680 --> 00:32:48.320
 is it's you know I'm assuming the answers no or you wouldn't have

00:32:48.320 --> 00:32:53.520
 recommended it but that that we don't need to do an alt ESA when properties

00:32:53.520 --> 00:33:01.280
 are adjacent only when there's a direct impact on on the ESA is that correct yes

00:33:01.280 --> 00:33:06.320
 that I believe that is accurate and in this case the drainage issues we're

00:33:06.320 --> 00:33:12.280
 looking at have been primarily to the south and not in the south okay there

00:33:12.280 --> 00:33:16.120
 are there is some additional drainage work that's being worked out at CEP but

00:33:16.120 --> 00:33:22.560
 that's gonna be handled but again to the south okay that and and and just I think

00:33:22.560 --> 00:33:28.840
 I was a little fuzzy on my question for for the requirements to develop an alt

00:33:28.840 --> 00:33:34.600
 ESA it's it's not when two properties are adjacent it's it's only when you're

00:33:34.600 --> 00:33:38.920
 doing development on on the ESA itself is that correct when it when your

00:33:38.920 --> 00:33:42.940
 development is actually impacting the ESA the property and so because the

00:33:42.940 --> 00:33:46.760
 drainage is to the south and not to the west that there's no impact is that

00:33:46.760 --> 00:33:52.120
 correct awesome my question on that one is done thank you sir any other questions

00:33:52.120 --> 00:34:01.200
 for Sean on item 3a Christian Ellis hey thanks chair and I'm sorry my dog is

00:34:01.200 --> 00:34:08.320
 going crazy just to clarify on the plat it says temporary access drive to be

00:34:08.320 --> 00:34:13.160
 coordinated which will provide access to Mayhill during construction I'm just

00:34:13.160 --> 00:34:20.680
 curious is is that with the city with a property owner it's the city and the

00:34:20.680 --> 00:34:24.360
 property owner will be working together to determine the best way to handle that

00:34:24.360 --> 00:34:31.800
 through the CEP process okay understood thank you great any other questions for

00:34:31.800 --> 00:34:40.240
 Sean all right thanks Sean is there any questions for item 3b we call markup if

00:34:40.240 --> 00:34:49.360
 there is I do not see any so I'll go ahead and invite Julie Wyatt for

00:34:49.360 --> 00:34:55.360
 presentation of item 3 CFP 21 - 0 0 0 2 a

00:35:02.800 --> 00:35:13.400
 good evening Julie Wyatt let me pull up the presentation chair yes Chris you're

00:35:13.400 --> 00:35:18.120
 back yeah just just a streamline I don't unless the Commission wants a

00:35:18.120 --> 00:35:23.880
 presentation I just have a quick question yeah go for it okay so if the

00:35:23.880 --> 00:35:28.440
 this property has is two turnarounds one on the north and one of the south and it

00:35:28.440 --> 00:35:34.880
 looks on the plat like the north turnaround is overlapping Edwards or

00:35:34.880 --> 00:35:39.920
 whatever the East West Road is to the north is that's very confusing can you

00:35:39.920 --> 00:35:44.360
 describe the layout of that turnaround in conjunction with the north north side

00:35:44.360 --> 00:35:50.320
 road certainly can so they actually worked with engineering on that on that

00:35:50.320 --> 00:35:57.040
 that bulb of that cul-de-sac to actually provide an additional access point for

00:35:57.040 --> 00:36:02.440
 fire so so there are 21 homes within this little section of the preserve and

00:36:02.440 --> 00:36:08.680
 so just to provide additional access to that neighborhood and in if necessary

00:36:08.680 --> 00:36:14.400
 they've actually are going to have a mountable curb in that area and make

00:36:14.400 --> 00:36:18.120
 sure that the fencing is such that if the fire if fire needed to get through

00:36:18.120 --> 00:36:26.760
 in that location they would be able to okay so it it's a day-to-day barrier but

00:36:26.760 --> 00:36:33.000
 not an emergency services barrier you are absolutely correct sir okay and and

00:36:33.000 --> 00:36:37.640
 that's that's I was just confused because one road overlapped the other

00:36:37.640 --> 00:36:41.280
 road and I was like wait why isn't that just an access point so you have

00:36:41.280 --> 00:36:48.120
 clarified my question thank you so much you bet any other questions for Julie

00:36:48.120 --> 00:36:55.640
 great Julie hang on for a little bit we're going right into item 4a FP 21 -

00:36:55.640 --> 00:37:02.120
 0 0 0 5 this is the first item of individual consideration well Julie's

00:37:02.120 --> 00:37:06.320
 pulling it up real fast I skipped over the minutes is there any comments on the

00:37:06.320 --> 00:37:15.160
 minutes sorry got an order here okay great thanks Julie it's all yours okay

00:37:15.160 --> 00:37:25.180
 so this is for a the gray wolf edition it is for a community of four plexes you

00:37:25.180 --> 00:37:29.620
 might recall this preliminary plat it did come before you recently they have

00:37:29.620 --> 00:37:32.120
 submitted the final plot they still have a few things that they need to work

00:37:32.120 --> 00:37:36.000
 through and so staff does recommend denial of the request they have

00:37:36.000 --> 00:37:41.120
 requested an extension to mark 17th and staff does not have any issue with that

00:37:41.120 --> 00:37:47.400
 and I'll be happy to answer any questions any questions for Julie on this

00:37:47.400 --> 00:37:58.040
 item I do not see any thank you thank you Julie next is item 4b PP 21 - 0 0 0 1

00:37:58.040 --> 00:38:06.080
 and this is Karina Maldonado's item all right can you guys hear me we can all

00:38:06.080 --> 00:38:13.740
 right I had to double unmute so the item today is PP 21 - 0 0 0 1 this is for the

00:38:13.740 --> 00:38:20.720
 preliminary plot of Airport Road approximately 6.99 acres located on the

00:38:20.720 --> 00:38:27.040
 north side of Airport Road just east of the intersection of Airport Road and

00:38:27.040 --> 00:38:32.760
 precision drive so staff is recommending denial of this request as it does not

00:38:32.760 --> 00:38:38.440
 meet all the criteria for approval however the applicant has requested an

00:38:38.440 --> 00:38:43.360
 extension to the mark 17th meeting and with that we can answer any questions on

00:38:43.360 --> 00:38:51.360
 this item great thank you Karina Commissioner Ellis thank you chair okay

00:38:51.360 --> 00:38:55.600
 so I'm confused on this one just as I was reading through it because it looks

00:38:55.600 --> 00:39:00.520
 like when you read through the analysis the denial is on the the wastewater

00:39:00.520 --> 00:39:06.160
 improvements that are still being done which are 18 to 24 months away so I'm

00:39:06.160 --> 00:39:11.600
 confused at if we grant the extension to March 17th how is that being handled

00:39:11.600 --> 00:39:17.320
 how's that being rectified yep and I'm actually gonna defer to Richard on some

00:39:17.320 --> 00:39:21.920
 of the specific questions related to that and so I'll let him handle those

00:39:21.920 --> 00:39:30.560
 questions try to put it as in simple terms as possible I think part of the

00:39:30.560 --> 00:39:38.280
 challenge is you know one we've got time frames that were were under 31 67 where

00:39:38.280 --> 00:39:43.520
 it really doesn't give us a full amount of time to to if an issue arises to

00:39:43.520 --> 00:39:49.760
 fully study it this is something that just given the amount of growth that

00:39:49.760 --> 00:39:54.240
 we've seen particularly in this in this basin the Hickory Creek

00:39:54.240 --> 00:40:00.160
 Interceptor project is the one the one that is referenced that was it that's a

00:40:00.160 --> 00:40:03.840
 capital project that was set to be under construction we've had obviously some

00:40:03.840 --> 00:40:10.480
 delays with kovat there's there's some archaeological items that they're

00:40:10.480 --> 00:40:13.440
 working through Texas Historic Commission that has caused a delay to

00:40:13.440 --> 00:40:19.520
 some extent in getting that capital project moving but but in looking at

00:40:19.520 --> 00:40:22.960
 just the level and rate of growth that we've had you know and continually

00:40:22.960 --> 00:40:30.200
 adding that to the model it kind of showed there there may be an issue under

00:40:30.200 --> 00:40:35.040
 certain under certain certain conditions in certain areas so it's not that the

00:40:35.040 --> 00:40:40.280
 whole system is bad or down or there's issues it's during some of these

00:40:40.280 --> 00:40:46.160
 potential peak conditions during these heavy rainfall events and under very you

00:40:46.160 --> 00:40:53.760
 know bizarre circumstances but we don't know for for certain and so rather than

00:40:53.760 --> 00:40:59.480
 approve it and hope for the best we kind of took more of a conservative approach

00:40:59.480 --> 00:41:04.920
 and just really let's let's let's look at the model and let's let's look at

00:41:04.920 --> 00:41:09.400
 these these areas where where it is currently showing that there could be

00:41:09.400 --> 00:41:14.900
 issues but really really going through tallying up all of the the existing

00:41:14.900 --> 00:41:20.320
 demand what we have what we have moving forward as far as platting approvals and

00:41:20.320 --> 00:41:26.720
 both those in the hopper and sort of testing those those assumptions making

00:41:26.720 --> 00:41:31.240
 sure that the model is essentially calibrated correctly in addition there's

00:41:31.240 --> 00:41:35.680
 other projects in addition to the the Hickory Creek interceptor phase one and

00:41:35.680 --> 00:41:43.080
 two there's also a project for this basin that will increase detention for

00:41:43.080 --> 00:41:47.960
 those peak facilities and so it's making sure that the model again is taking all

00:41:47.960 --> 00:41:54.560
 of this into account and testing it so we have so we have an accurate depiction

00:41:54.560 --> 00:41:59.120
 what would have been ideal is to just say hey we need to we need to test we

00:41:59.120 --> 00:42:04.960
 need to finish testing this and get a better handle on it and not take you to

00:42:04.960 --> 00:42:11.400
 P&Z unfortunately 3167 doesn't allow for that and we have to cite very specific

00:42:11.400 --> 00:42:16.440
 reasons and so you know of course it's it's a huge probably shock when everyone

00:42:16.440 --> 00:42:22.200
 sees it and and you know as I shared with you the letter and again we're not

00:42:22.200 --> 00:42:26.400
 at that we're not at that point yet it is more of a hey let's let's trust and

00:42:26.400 --> 00:42:32.480
 verify what what our model shows because there may not be an issue or there may

00:42:32.480 --> 00:42:38.920
 be we at this point we don't know but rather than recommend approval and pray

00:42:38.920 --> 00:42:43.360
 for the best again we just wanted to take a more of a conservative approach

00:42:43.360 --> 00:42:47.240
 and and just study it studied a little better unfortunately given the time

00:42:47.240 --> 00:42:53.600
 frames that were stuck with under 3167 which just didn't avail us to to to have

00:42:53.600 --> 00:42:55.880
 that time

00:42:55.880 --> 00:43:02.920
 Christopher Chris Ellis you saw the floor thank you yeah well I'm still confused I

00:43:02.920 --> 00:43:07.400
 guess Richard so I mean what are you gonna get done in 14 days with regard to

00:43:07.400 --> 00:43:13.640
 this continue to continue to test the model you know we certainly if we don't

00:43:13.640 --> 00:43:19.520
 have if we don't have a solution by those 14 days then it will most likely

00:43:19.520 --> 00:43:24.440
 come back as a denial unless there's some other solution temporary solution

00:43:24.440 --> 00:43:29.760
 that that could be developed where maybe there's a detention you know detention

00:43:29.760 --> 00:43:34.280
 on on again the good thing is we're at preliminary plat so we still have to go

00:43:34.280 --> 00:43:38.720
 through CEPs and final plat so there is some there's some time until we get to

00:43:38.720 --> 00:43:46.200
 that full design but without without without knowing for certain again that

00:43:46.200 --> 00:43:50.240
 that's just where we are in those with that with that 14 days the other

00:43:50.240 --> 00:43:55.240
 component to that is and I know Commissioner Beck had had asked that

00:43:55.240 --> 00:44:01.080
 question earlier about fees one thing that the extension does does do is

00:44:01.080 --> 00:44:05.880
 there's not a there's not a resubmittal fee associated with a with an extension

00:44:05.880 --> 00:44:11.560
 and so it buys everybody time it doesn't put I I think there's one or two other

00:44:11.560 --> 00:44:14.800
 items though that still need to be corrected in addition to the to the

00:44:14.800 --> 00:44:19.520
 wastewater issue but this at least buys that time it doesn't it doesn't put an

00:44:19.520 --> 00:44:24.360
 onus on them or an additional fee on them so we're hopeful that we can try to

00:44:24.360 --> 00:44:30.760
 work work work through it if not provide a condition a conditional approval

00:44:30.760 --> 00:44:35.800
 potentially that that could that could address it but again we didn't want to on

00:44:35.800 --> 00:44:40.120
 you know as as this was discovered late you know towards the end of last week it

00:44:40.120 --> 00:44:43.940
 wasn't something we wanted to shoot from the hip and and and and then again be

00:44:43.940 --> 00:44:49.200
 bound under 3167 so you know we took a much more conservative approach and and

00:44:49.200 --> 00:44:55.360
 and just want to just want to again look at it and verify before before we make a

00:44:55.360 --> 00:45:01.840
 a formal formal statement about it okay and then just one last thing um you know

00:45:01.840 --> 00:45:06.640
 that the applicant's letter mentioned moratorium you said that that is not a

00:45:06.640 --> 00:45:11.440
 thing that is not happening we there there are there are in Mac and can add

00:45:11.440 --> 00:45:17.840
 if if if I miss if I misspeak but there's very specific findings that need

00:45:17.840 --> 00:45:24.400
 to occur and we are not at that we're not at that at that point yet at least

00:45:24.400 --> 00:45:31.080
 to to even have to go forward with a recommendation for a for a moratorium

00:45:31.080 --> 00:45:37.840
 Christian are back I believe is next thank you chair so I Richard I think you

00:45:37.840 --> 00:45:43.320
 were mostly answering my question which I'm about to say which I appreciate thank

00:45:43.320 --> 00:45:49.200
 you for being a precious like that so it based on the the daisy chain of projects

00:45:49.200 --> 00:45:56.720
 in the in the area serviced by this drainage and by this wastewater your

00:45:56.720 --> 00:46:06.080
 your models are saying that that that under rare but not unusual conditions we

00:46:06.080 --> 00:46:11.120
 may run over capacity is that what we're essentially saying it's sort of certain

00:46:11.120 --> 00:46:17.720
 certain sections under very certain you know certain events there could be there

00:46:17.720 --> 00:46:21.160
 could be an issue with with line capacity so it's not it's not necessarily a

00:46:21.160 --> 00:46:24.960
 treatment you know it's it's getting it through the getting it through the pipe

00:46:24.960 --> 00:46:30.800
 and I think oh I'm sorry go ahead no no I was it I was gonna say I think given

00:46:30.800 --> 00:46:37.880
 the events of a couple weeks ago we're we're much less willing to tolerate the

00:46:37.880 --> 00:46:43.440
 impacts of rare events so I know that I'm I'm more in favor of being cautious on

00:46:43.440 --> 00:46:48.880
 some of these service issues but then I thought I would follow up sort of a

00:46:48.880 --> 00:46:54.120
 follow-on to both my email and Commissioner Ellis's question there's no

00:46:54.120 --> 00:47:01.960
 fee for extending two weeks but if we end up as you suspect in a denial just

00:47:01.960 --> 00:47:07.000
 because all the ducks are not in a row yet what is the fee structure going

00:47:07.000 --> 00:47:12.440
 forward from a denial under under the current fee structure it is anytime

00:47:12.440 --> 00:47:21.200
 there's a denial there's a there's a 50% it's 50% of the original cost so again

00:47:21.200 --> 00:47:23.920
 anything that would have to change related to that that would that would be

00:47:23.920 --> 00:47:29.080
 something that that council would have to would have to decide okay thank you

00:47:29.080 --> 00:47:37.120
 mr. Anderson thank you chair it seems like we've had a lot of these pushback

00:47:37.120 --> 00:47:42.420
 pushback you know give my extensions stuff is that forgive me if I'm if it's

00:47:42.420 --> 00:47:45.520
 already been talked about but is this just kind of a way that some of these

00:47:45.520 --> 00:47:49.480
 developers are kind of getting a little bit lazy and not doing what staff

00:47:49.480 --> 00:47:53.640
 recommends and then it gets time for the cutoff and they're like hey I'd like the

00:47:53.640 --> 00:47:57.420
 an extension and steps like let's deny it but the but the developer wants an

00:47:57.420 --> 00:48:03.360
 extension because just for them to save money I don't know that it would it's

00:48:03.360 --> 00:48:09.120
 that I think in some instances we have you know complete seminal sometimes

00:48:09.120 --> 00:48:14.960
 there's there's missing information we kind of what we do just before it even

00:48:14.960 --> 00:48:21.080
 gets to P&Z we actually already go through two rounds of reviews that's

00:48:21.080 --> 00:48:26.360
 built into that to that 30 days so we we get the we get the application we

00:48:26.360 --> 00:48:31.800
 provide comments within within a couple days and then they have the ability to

00:48:31.800 --> 00:48:36.240
 resubmit shortly thereafter and then we have a very quick turnaround that's why

00:48:36.240 --> 00:48:41.880
 you see you know sometimes at the meeting you know we're changing it

00:48:41.880 --> 00:48:44.800
 because we're recommending denial so they're they're trying to work work

00:48:44.800 --> 00:48:48.920
 through those work through some of those issues part part of the challenge is

00:48:48.920 --> 00:48:54.760
 just indent alone you know a lot of this is infill there's a there's just a lot

00:48:54.760 --> 00:48:59.780
 of complicated engineering issues that need to be resolved unfortunately the

00:48:59.780 --> 00:49:04.400
 time frame that were allotted you know sometimes we need those you know 45 days

00:49:04.400 --> 00:49:08.700
 or 50 days to get through it but we're just we're just not allowed to we're not

00:49:08.700 --> 00:49:12.680
 allowed to do that okay thanks Richard I was just making sure that these

00:49:12.680 --> 00:49:16.520
 developers aren't just trying to use this as a way to get around a pan that

00:49:16.520 --> 00:49:21.400
 extra 50% again instead of I mean I understand weather issues I mean that's

00:49:21.400 --> 00:49:24.720
 delayed some stuff I get you know I have no doubt but I was just wanting to make

00:49:24.720 --> 00:49:27.720
 sure that this isn't these developers way of just not having to pay more fees

00:49:27.720 --> 00:49:30.760
 and just going hey can we just get an extension and because we didn't do our

00:49:30.760 --> 00:49:35.840
 work the past 30 days no I would honestly say I think the best of the

00:49:35.840 --> 00:49:40.800
 vast majority are really trying to really work work through those work

00:49:40.800 --> 00:49:45.420
 through some of those some of those issues small you know they tend to be

00:49:45.420 --> 00:49:48.880
 some of these larger larger issues or there's other you know it might be an

00:49:48.880 --> 00:49:52.760
 all piece though that's that's related to it so it just it just complicates it

00:49:52.760 --> 00:50:03.400
 right I appreciate Richard thank you any other question on this item I did not

00:50:03.400 --> 00:50:09.160
 see any thanks Karina for calling in and presenting the next item is for CPE 21

00:50:09.160 --> 00:50:14.480
 - 0 0 0 1 and this is Haley's a Gursky's item

00:50:23.760 --> 00:50:36.560
 good evening let me get the presentation pulled up all right this request is for

00:50:36.560 --> 00:50:42.440
 a plat extension for the residences at razor ranch the property you can see

00:50:42.440 --> 00:50:46.400
 outlined in yellow on the map is about 40 acres some of you may remember we

00:50:46.400 --> 00:50:52.560
 recently had a site plan a consideration for this site in May of last year this

00:50:52.560 --> 00:50:57.520
 preliminary plats was originally approved in July of 2018 that

00:50:57.520 --> 00:51:00.840
 preliminary plan did include a phasing plan that allowed it a little bit longer

00:51:00.840 --> 00:51:05.800
 than the normal two-year or 24 months lifespan but it did indicate that the

00:51:05.800 --> 00:51:12.240
 phase two final plat needed to be approved by March of 2021 the developer

00:51:12.240 --> 00:51:16.520
 it has already submitted that final plan it is in review along with the civil

00:51:16.520 --> 00:51:20.720
 engineering plans but they are concerned that they might come up against that end

00:51:20.720 --> 00:51:24.280
 of March deadline and wanted to be proactive and go ahead and request this

00:51:24.280 --> 00:51:28.560
 six-month extension to ensure that the preliminary plant wouldn't expire you

00:51:28.560 --> 00:51:33.080
 know just shortly before they could reach full approval for the final plat so

00:51:33.080 --> 00:51:36.400
 they did request the extension in adequate time for us to bring that

00:51:36.400 --> 00:51:40.920
 before you all before this expiration occurred and so staff is recommending

00:51:40.920 --> 00:51:45.080
 approval of their six months extension request as they've continued to

00:51:45.080 --> 00:51:49.560
 demonstrate progress towards completion since that initial approval I will pull

00:51:49.560 --> 00:51:54.480
 the slides down and I'm happy to answer any questions

00:51:54.480 --> 00:52:04.360
 just your back was was there any I asked this every single time but is there any

00:52:04.360 --> 00:52:09.320
 clarity on the the pedestrian gated access of Nacogdoches for this

00:52:09.320 --> 00:52:15.120
 property the developers indicated that they're they're amenable to providing a

00:52:15.120 --> 00:52:19.880
 pedestrian gate there I have not specifically looked at their civil

00:52:19.880 --> 00:52:23.040
 engineering plans to see if that's there but they did indicate that they would

00:52:23.040 --> 00:52:27.640
 they would willingly provide that pedestrian access okay otherwise there's

00:52:27.640 --> 00:52:31.920
 full sidewalk connectivity through the neighborhood to Bonnie Bray okay thank

00:52:31.920 --> 00:52:42.360
 you any other questions for Haley great I don't see any more thank you Haley

00:52:42.360 --> 00:52:50.880
 although you might want to stick around just a little bit Haley you know we so

00:52:50.880 --> 00:53:00.520
 Richard both public hearings have been moved oh mute and I've got my two

00:53:00.520 --> 00:53:05.920
 different mice here so it's I'm like why doesn't it click I'm sorry yeah the

00:53:05.920 --> 00:53:09.280
 first one was new what was needed to be renoticed because there was a change

00:53:09.280 --> 00:53:14.480
 there was some land area then that they wanted that was added the the second

00:53:14.480 --> 00:53:19.400
 public hearing the applicant did not get their sign posted so that was that was

00:53:19.400 --> 00:53:25.360
 renoticed in and will be brought back so neither one will even be we don't even

00:53:25.360 --> 00:53:28.960
 need to open or do anything with them no they were because they were they were

00:53:28.960 --> 00:53:33.520
 technically noticed in the newspaper yeah they they'll remain on but no

00:53:33.520 --> 00:53:41.400
 action needs to occur okay Commissioner Beck thank you would it be out of order

00:53:41.400 --> 00:53:46.880
 to ask a question about these because we're delaying them I don't want to ask

00:53:46.880 --> 00:53:52.960
 a question if it's out of order I would think questions related these two items

00:53:52.960 --> 00:53:57.800
 would be most appropriate when they come back to be heard okay then if that's the

00:53:57.800 --> 00:54:02.160
 case then I'll just wait thank you thanks Commissioner Beck well with

00:54:02.160 --> 00:54:07.440
 that that wraps up our agenda for this evening we will meet back at this zoom

00:54:07.440 --> 00:54:15.540
 at 630 to do the regular scheduled meeting for the public with that I will

00:54:15.540 --> 00:54:20.280
 close the work session at 559 thank you

00:54:20.280 --> 00:54:24.520
 good evening ladies and gentlemen and welcome to the planning and zoning

00:54:24.520 --> 00:54:30.880
 meeting for Wednesday March 3rd 2021 seeing that we have a quorum I will call

00:54:30.880 --> 00:54:36.720
 the meeting to order at 623 the first item on the agenda is to provide a

00:54:36.720 --> 00:54:41.040
 pledge of allegiance to the US and Texas flag the other commissioners want to

00:54:41.040 --> 00:54:44.800
 join me they can certainly unmute their mic

00:54:51.680 --> 00:55:06.680
 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.

00:55:08.680 --> 00:55:25.680
 I pledge allegiance to the Texas flag, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state, one state.

00:55:25.680 --> 00:55:32.760
 next item on the agenda for consideration is the minutes from January 20th 2021

00:55:32.760 --> 00:56:01.880
 second we have first and second for approval any discussion on this seeing none I call for a vote via roll call, Commissioner Ellis, aye, Commissioner Smith, aye, Commissioner Beck, aye, Commissioner Cole, aye, Commissioner Anderson, aye, Commissioner Panetta, aye, Chair is also an aye motion carries 7-0 next item of business is our consent agenda

00:56:01.880 --> 00:56:31.800
 Commissioner Smith. Make a motion to approve. We have a first for approval Commissioner Anderson. I second. We have a second for approval that's a first and a second is there any discussion on this item seeing none I call for a vote via roll call, Commissioner Ellis, aye, Commissioner Smith, aye, Commissioner Beck, aye, Commissioner Cole, aye, Commissioner Anderson, aye, Commissioner Panetta, aye, Chair is also an aye motion carries 7-0

00:56:31.880 --> 00:56:45.800
 the next item of business is item 4A FP21-0005 this item is to be presented by Julie Wyatt and the floor is yours Julie when ready

00:57:01.880 --> 00:57:10.840
 good evening I'm Julie Wyatt let me go ahead and share my screen with you

00:57:10.840 --> 00:57:24.840
 okay so I'm presenting FP21-0005 this is a final plat for the gray wolf edition you may remember this preliminary plat it came before you I believe a couple of months ago

00:57:24.840 --> 00:57:40.680
 they do have some outstanding items that they need to address and so we recommend denial of the request the applicant has requested an extension to the March 17th meeting and staff has no issue with that and I'll be happy to answer any questions

00:57:40.680 --> 00:57:58.680
 for Julie I do not see anyone with questions I appreciate it Julie Commissioner Beck I'll make a motion to approve the extension to a date certain of March 17th perfect Commissioner Panetta I'll second

00:57:58.680 --> 00:58:28.600
 we have a first and a second for granting 30 days extension to a date certain of March 17th 2021 any discussion on this item seeing none I'll call for a vote via roll call Commissioner Ellis, aye, Commissioner Smith, aye, Commissioner Beck, aye, Commissioner Cole, aye, Commissioner Anderson, aye, Commissioner Panetta, aye, Chair is also an aye motion carries 7-0

00:58:28.600 --> 00:58:40.600
 the next item is item 4B PP21-0001 and this item is to be presented by Carina Maldonado which I believe she is on the phone

00:58:40.600 --> 00:59:08.600
 hi can you hear me we can all right good evening everyone Carina Maldonado assistant planner this item is PP21-0001 this is a request for approval of a preliminary plat on Airport Road this is approximately 6.99 acre property located on the north side of Airport Road and is approximately 550 feet east of the intersection of Airport Road and Precision Drive

00:59:08.600 --> 00:59:28.600
 okay staff is recommending denial of the request however we are not opposed to the request for an extension by the applicant to a date certain of March 17th and with that I can take any additional questions I appreciate it Carina is there any questions on this item

00:59:28.600 --> 00:59:54.600
 great seeing none the chair will entertain a motion Commissioner Ellis move approval of the applicant's extension for a date certain of March 17th great Commissioner Smith I'll second we have a first and a second for approval to a 30-day extension of a date certain of March 17th 2021 is there any discussion Commissioner Panetta

00:59:54.600 --> 01:00:10.600
 uh so wait did you say 30-day or it's a 30-day extension but the next meeting within the 30 days is March 17th okay as late as we can bump it is March 17th all right thanks yep any other discussion

01:00:10.600 --> 01:00:28.600
 seeing none I'll call for a vote via roll call Commissioner Ellis aye Commissioner Smith aye Commissioner Beck aye Commissioner Cole aye Commissioner Anderson aye Commissioner Panetta aye chair is also an aye motion carries 7-0

01:00:28.600 --> 01:00:50.600
 next item of business is item 4c PE 21-0001 and this item is Haley Zagurski floor is yours Haley all right good evening let me get this pulled up um Haley Zagurski with the planning department the request before you is a plat extension for the residences at Razor Ranch

01:00:50.600 --> 01:01:06.600
 specifically this is a preliminary plat that was approved in July of 2018 for the property outland in yellow on the map it's approximately 40 acres located just north of the Razor Ranch marketplace since that preliminary plat approval the the first phase

01:01:06.600 --> 01:01:22.600
 has been final plotted a site plan for the entire subdivision what's approved by the planning and zoning commission last May and the final plat for phase two has been submitted to staff along with civil engineering plans but the phasing schedule that was approved with

01:01:22.600 --> 01:01:38.600
 the preliminary plat requires that that be finally the final plat for phase two be fully approved by March of 2021 as you all know plat sometimes take more than 30 days so just to avoid that preliminary plat expiring before the final plat can be approved by the PNC

01:01:38.600 --> 01:01:51.600
 they've requested a six month extension and staff is recommending approval of the extension as they've demonstrated continual progress towards completion of the project since that initial approval I'm happy to stand for any questions.

01:01:51.600 --> 01:02:03.600
 Thanks Haley any questions for Haley Mr. Ellis. Thank you chair just a quick question Haley is that six months from today or six months from when that preliminary plat is set to expire.

01:02:03.600 --> 01:02:17.600
 I believe it would be six months from that initial or the, the approved or the, I'm sorry extension, the date that it would expire got tongue tied there so additional six months beyond March.

01:02:17.600 --> 01:02:20.600
 Any other questions.

01:02:20.600 --> 01:02:24.600
 Great seeing none the chair will entertain a motion.

01:02:24.600 --> 01:02:26.600
 Commissioner Smith.

01:02:26.600 --> 01:02:29.600
 Make a motion to approve the six month extension.

01:02:29.600 --> 01:02:32.600
 Commissioner Ellis.

01:02:32.600 --> 01:02:38.600
 We have a first and a second to approve the six month extension. Is there any discussion.

01:02:38.600 --> 01:02:48.600
 Seeing none I'll call for a vote via roll call Commissioner Ellis. Aye. Commissioner Smith. Aye. Commissioner Beck. Aye. Commissioner Cole. Aye.

01:02:48.600 --> 01:02:57.600
 Commissioner Anderson. Aye. Commissioner Pernetta. Aye. Chair is also an aye. Motion carries seven zero.

01:02:57.600 --> 01:03:13.600
 The next two items on the posted agenda for the public hearings have are going to be renoticed so we are not hearing those two items this evening they will be brought back in full to the planning zoning commission at a later date once the notices have been corrected

01:03:13.600 --> 01:03:24.600
 so look for those upcoming on a future agenda for anyone looking for that discussion this evening, they will be again postponed and brought back on a future agenda.

01:03:24.600 --> 01:03:36.600
 With that that closes out the agenda for this evening minus the last concluding item of the matrix and like always I'll turn it over to Richard for any updates and then to the dais for discussion.

01:03:36.600 --> 01:03:45.600
 Just just a small update I know initially we were I was trying to get the small plan small area plan discussion back on for tonight.

01:03:45.600 --> 01:03:54.600
 Unfortunately, as a result of the snowstorm. We actually had to push the that Hirschbach item. In addition, they held some additional neighborhood meetings.

01:03:54.600 --> 01:04:03.600
 So we wanted to just see wherever, whether or not that project was approved or not if that needs to be, you know, as part of that further discussion.

01:04:03.600 --> 01:04:12.600
 So we would bring that back. I think I had it for April 7. That way we got through council, we have a better idea of what what's being planned.

01:04:12.600 --> 01:04:19.600
 And I think, given some of the earlier discussion just take a more comprehensive look at it and start to have that start to have that discussion.

01:04:19.600 --> 01:04:27.600
 Along with that we'll also be able to provide a little bit more of an update as to where we are on the update to the comprehensive plan.

01:04:27.600 --> 01:04:37.600
 I guess I can you'll be the first to know we're tentatively looking at having a the first community meeting with respect to that the last week of March.

01:04:37.600 --> 01:04:44.600
 I think right now we're looking around March 25th. So that will get firmed up, but just at least wanted to get that out there to to PNC.

01:04:44.600 --> 01:04:49.600
 So that will be coming coming sooner or later. So we are starting to progress with that.

01:04:49.600 --> 01:04:58.600
 Thank you. On that note, you're doing that virtually. It'll be for it'll be virtually. Yes.

01:04:58.600 --> 01:05:03.600
 And Richard, you're doing your updates, right? I am. Yes. Great. Back to you, Chris Ross.

01:05:03.600 --> 01:05:12.600
 Thank you, Chair. Any council updates, but I know there hasn't probably been. Yeah, I know that we had any of the items.

01:05:12.600 --> 01:05:21.600
 We did have an item last night, a municipal utility district. Those typically don't go through. They just require city council consent.

01:05:21.600 --> 01:05:26.600
 And in fact, thinking of those because we've had seemed like we've had a lot in the past.

01:05:26.600 --> 01:05:41.600
 I probably will even add may add that to the matrix if if if PNC is interested, at least to give you an update as to what those what those municipal municipal utility districts are, what they mean, and why we have to consent to them.

01:05:41.600 --> 01:05:57.600
 So I could I could do a quick update, even perhaps next next meeting just to give a kind of a status quo of what what they are and what ones that have been approved and ones that haven't.

01:05:57.600 --> 01:06:23.600
 Thank you, Chair. Richard, we've we've skipped a bunch of things, a bunch of meetings because of the weather and other issues was because of that with with there any automatic approvals that went through while we lapsed the the the items that were actually on consent tonight were some of those items that were scheduled for that that meeting.

01:06:23.600 --> 01:06:29.600
 But what we did was we brought them we did bring they were being recommended for approval anyways.

01:06:29.600 --> 01:06:42.600
 And so we did add those to tonight's agenda. There was a I guess the one council update there was a the emergency order that was put in place did allow for some tolling.

01:06:42.600 --> 01:06:53.600
 And I haven't I haven't done the math yet to to see where that kind of put it. So it might have already told those to to this meeting. I just have not.

01:06:53.600 --> 01:07:01.600
 I haven't done that calculation yet but regardless it was brought back and approved the other individual with respect to Sagebrook.

01:07:01.600 --> 01:07:17.600
 They they were aware of it even though that the tolling did get put in place. They did agree to temporarily withdraw their application to avoid an unnecessary denial or extension so that that will be coming back in the in the near future.

01:07:17.600 --> 01:07:22.600
 There's some issues that that they're they're working through with respect to the that project.

01:07:22.600 --> 01:07:25.600
 Awesome. Thank you.

01:07:25.600 --> 01:07:32.600
 Any other questions for Richard staff or items to add to the matrix.

01:07:32.600 --> 01:07:53.600
 Awesome. I think it's worth noting when I first joined PNC it seemed like we're adding eight things to the matrix every week and that list got long. And so thank you staff for keeping that list short and being proactive, which I think keeps at bay, some of our requests that would have happened so appreciate the effort there.

01:07:53.600 --> 01:08:02.600
 With that, our meeting is officially over and I will close it at six forty five. Thank you. I'll be safe. Thanks.

