Planning Commission - Regular Meeting

Wednesday, September 17, 2025

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Fort Worth, TX
Meeting Date
September 17, 2025

Transcript

724 sections (from 800 segments)

0:00 – 0:40Speaker 1

Twenty twenty five in person teleconference meeting of the City of Fort Worth Plan Commission. The commission meets monthly in open session to conduct public hearings on advertised cases. Specific rules and procedures governing these hearings include the city subdivision ordinance, city plan commission rules and regulations and bylaws, and related provisions to Texas state law. The commission's primary responsibility are to review and act upon subdivision plans and plats, street and alley right away vacation enclosures, annexation, comprehensive planning, and other land development issues affecting the city's extraterritorial jurisdiction area. The commission is made up of 11 Fort Worth citizens, each of them is appointed by the city council.

0:40 – 1:05Speaker 1

A quorum of six of the 11 members must be present in order to conduct the commission's business. Nine are present. Therefore, the hearing may proceed. Seated at the center of the table was mister Don Boren, the chair of the city plan commission. Other commission members present are commissioner Kranz, commissioner Tidwell, commissioner Landberth, commissioner Johnson, commissioner Henderson, commissioner Singletary, commissioner Curian, and commissioner Reed.

1:06 – 1:39Speaker 1

Staff present today are Alex Barks, Paul Rodriguez, Christine Ross, Alex Johnson, Michelle Pena, Barbara Soltero, and a host of others. My name is Steven Murray, interim planning manager and facilitator of today's meeting. Copies of the meeting agenda and staff reports are included in the commission's docket and are available on the city's website. The staff reports have been compiled by the city's development review committee to inform the commission and applicants of city code requirements and technical issues associated with the cases to be heard. Today's public hearing are being documented by cable television and streamed on the Internet.

1:39 – 2:19Speaker 1

To achieve an orderly and timely hearing, we request that you observe their following rules and procedures. All teleconference participants will be muted when not speaking in order to avoid any potential background noise. All cases are heard. Applicants in support of the case will be asked to present their testimony first for a total of five minutes. Opposing testimony will follow and will give a total of seven minutes. The applicant will be allowed two minutes for rebuttal. Each side will be allowed a collective total of seven minutes for initial presentations. We have Christine Ross keeping time today. Clearly, state your name and city prior to addressing the commission. All dialogue will only occur between the speaker and the commission.

2:20 – 2:55Speaker 1

Upon the chairman's initial closure of the case, the commission will remain in open session to discuss and vote upon the case. No further public testimony or commentary will be allowed. Be advised that the commission's decision on plotting matters is final. Action on the other docket items constitute a recommendation to city council. If you need additional information about a particular case, please call the development services department at (817) 392-8027. And thank you for your attention. Mr. Chair, commissioners, the order of business is the approval of the minutes from the previous meeting.

2:55 – 3:08Speaker 2

Thank you very much, Steven. Commissioners, if you've had an opportunity to review the minutes from the meeting from last month's twentieth date, I'll entertain discussion or a motion.

3:10Speaker 3

I'll move to approve the minutes.

3:12 – 3:24Speaker 2

I have a motion for approval by Commissioner Singletary, the second by Commissioner Henderson. Henderson. Okay. If you'll call the vote, please.

3:25Speaker 4

Commissioner Kranz, how do you vote? Yes. Commissioner Tidwell, how do you vote?

3:29Speaker 4

Commissioner Lambert, how do you vote? Yes. Commissioner Johnson, how do you vote?

3:34Speaker 4

Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? Yes. Commissioner Reid, how do you vote?

3:44Speaker 4

Chair Boren, how do you vote?

3:47Speaker 4

That vote passes.

3:49Speaker 2

Thank you very much. That passes unanimously. Okay. Steven, if you'll call the first case, please.

3:55 – 4:26Speaker 1

Sir, VA twenty five thousand and sixteen vacation of an alley and Block 51, North Of Fort Worth addition, Council District 2 being a vacation of alley and Block 51 North Fort Worth edition and addition of the city of Fort Worth, Tarrant County, Texas as recorded in volume 63 page one fifty nine plat records, Tarrant County, Texas located in the city of Fort Worth, Tarrant County, Texas. General location is North Of East Northside Drive, South Of East Central Avenue and West Of North Commerce Street, East Of North Main Street. The applicant is Nicholas Martin.

4:29 – 4:49Speaker 2

Is the applicant present? Okay. Wait. State your name and city for the record, please, sir.

4:51Speaker 8

Reese Flanagan. Address is 306 West Seventh Street, civil engineer

4:55Speaker 9

on the project.

4:56Speaker 5

Okay. Yep. For

5:01 – 5:30Speaker 8

a high level summary, we are requesting to abandon the alley. Nick Horn here with the development team has been working on redeveloping this area in the buildings adjacent to the alley. We worked with the adjacent homeowners and QuickTrip. The ultimate goal is to abandon the alley, make it a little more of a walkable lit up space to activate that development, but you also have the ability to secure it at night for the tenants and the people living at this development.

5:32Speaker 2

Thank you very much. Commissioners, do we have any questions for the applicant?

5:38Speaker 9

Yes. So is the the purpose to renovate the existing structures that are on North Main or is it a demolish and rebuild?

5:47 – 6:28Speaker 11

So we we currently own the entire block from Central all the way to the quick trip. We've been consulting with all the homeowners behind it, the quick trip itself with which they're actually anxious to combine their two parcels there. We've also been working with the general historic North Side safety community that which represents business owners, members of the community, the NPO, other members of of the police. And so since we we own that entire block along Main Street there, over the last year and a half, it's been pretty consistent with individuals experiencing homeless have set up campsites in the area. We've had some some crime and some other drug use.

6:28 – 6:59Speaker 11

Same thing actually that's happening on the North Side Of Central. So there's a a city alleyway there that actually culminates in it's called there's a plaza there. Those homeowners and those business owners continue to have issues. So what we did on our side, since we only have five five homeowners homeowners in the QuickTrip, we said, well, let's we've also been community communicating with the Main Street, the the Chamber of Commerce, the Hispanic Chamber of Commerce that's right across the street from us. So we've been working with all those groups.

6:59 – 7:40Speaker 11

Initially, we wanted to just kinda do some improvements, basically put down pavers, somewhat matching what's north of us. But because of the the consistent issues that night primarily, we would like to close it down. Our development, the Southern portion portion of it has 16 apartments that are gonna go in there. Sorry about that. 16 apartments that that will be going in there. So we do want them to feel safe at night. But during the day, since we're gonna have a restaurant, there's a Mexican ice cream store, a couple other. There's a Mercado that's going in there. We want it to be open during the day, but then be able to close it down at night because of security concerns.

7:42Speaker 9

Thank you very much.

7:45 – 8:24Speaker 2

Commissioners, any additional questions for the applicant? I see none. Thank you very much for being here today. Appreciate your testimony. Is there anyone else to speak, on the VA 25016 vacation of an alley or or against? Okay. I see none. So commissioners, I'll close the public hearing at this point. And this is in Council District 2, which is open. So I'll need motion, please.

8:26 – 8:39Speaker 3

I'll move to approve a row the recommendation to city council for the vacation of the alley in Block 51 North Fort Worth addition between East Northside Drive and East Central Avenue.

8:40 – 8:54Speaker 2

Thank you very much. Councilman Singletary has a motion for recommendation to city council for approval with a second by commissioner Okay. If you will call the vote, please.

8:54Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Tidwell, how do you vote? Yes. Commissioner Lambert, how do you

9:00 – 9:11Speaker 4

Commissioner Johnson, how do you vote? Yes. Commissioner how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? Yes. Commissioner Reid, how do you vote?

9:12Speaker 4

Chair Boren, how do you vote? Yes. That vote passes.

9:16Speaker 2

Thank you very much.

9:18 – 9:42Speaker 1

Next case, VA 25,017, physical closure of Farnsworth Avenue on the east and west side of Merrick Street, Council District 6. Being a physical closure of Farnsworth Avenue on the east and west sides of Merrick Street located in the city of Worth, Tarrant County, Texas. General location North of Helmick Avenue, South Of Blackmore Avenue, West of Navelle Street, and East of Provost. Applicant is the city of Fort Worth.

9:42 – 10:16Speaker 2

Yes. The applicant is the city of Fort Worth. Is anybody representing the city here? I didn't think so. Okay. I do have one person to speak in favor. Mister Stafford? Welcome, mister Stafford. If you'll, state your name and city for the record, please, sir.

10:16Speaker 5

Mister Stafford. K.

10:18Speaker 2

And I assume you're in favor, Jose?

10:21 – 10:36Speaker 10

Yes. I'm in favor of it. And but I am also curious about how they're gonna do the cul de sac because there's a house that's been built and also purchased, and that's someone living it on the east side

10:36Speaker 13

of that closure.

10:37Speaker 2

Okay. Go ahead and pull the mic up a little bit there and there you go. Thank you.

10:42Speaker 10

There's been a house that's been built on the east side of the block

10:50Speaker 10

And someone's living in there right now, so I'm just kinda curious on just how would they be able to do the cul de sac.

10:55 – 11:20Speaker 7

Okay. Alex, so this exhibit here is for the East Side Of Farnsworth Avenue. And our yeah. That's that says it's for the East Side. It might be might be flip flop, but this one here, they've acquired an easement from the properties to the north in order to create the cul de sac.

11:21 – 11:43Speaker 7

But you can see here that the the pavement is contained wholly within the existing right of way for the roadway. On the opposite side, they've had they're having to dip down a little bit outside of the right of way and acquire additional land from some of the properties on the south side for the for that cul de sac that they're proposing on the West side.

11:44 – 11:55Speaker 10

Yeah. And also another question that there's also a creek that runs through there also. Just curious how that I mean, how that's gonna be navigated with that creek that runs through there. It also has a blockage there.

11:55 – 12:28Speaker 7

They're physically closing the road, so they won't they're not doing anything to I don't know what the plans are for the road down the middle specifically, but the the the purpose of this is to eliminate the ability for someone if they unintentionally traversed past where the barricades apparently seem to have washed out. So they're gonna have physical barricades up there that will prevent someone from in the future of traversing into that into that area.

12:28Speaker 10

Okay. So they do need some be some more barricades. Because the barricades there now, they're all gone. Right. Need some there in a hurry.

12:39Speaker 2

I I think that's what we're planning on doing is actually closing off any access there. So yeah. So is there

12:46Speaker 10

any kind of timetable on when they get the barricades out there real soon?

12:51Speaker 7

Once this goes to council and is formally approved by council, they'll have the ability to go out there and do that. It'll probably be a few months from now. I don't have a specific date. Months?

13:02Speaker 10

Well, like I said, it's just that, you know, the barricades are all gone and there's nothing there right now.

13:11Speaker 15

I had a quick question.

13:11 – 13:22Speaker 2

Is there anybody from TPW here that might be able to comment on this? Maybe something temporary until a permanent closure?

13:25 – 13:44Speaker 16

Stubers at Transportation Development Services. I'm unaware of any short term plans, but there is a three one one system that I can I can show you how to use that, where you can report that issue and it can be a work order can be made and TPW can respond?

13:44Speaker 2

Great. Thank

13:45Speaker 1

you. I think think if possible, Stu, you can get his contact information and then figure it out and then go from

13:52 – 14:35Speaker 2

there. Yeah. Thank you very much. Hopefully, we'll get that closed off and we'll stop any any more danger there. K. Thank you very much for being here, miss Stafford. K. Is there anyone else to speak on, the physical closure of this portion of Farnsworth Avenue? VA 25017. I see no one else, so I'll go ahead and close the public hearing at this point. And commissioner Turner is not here today, so we'll I'll need a motion. A

14:37Speaker 12

motion that we recommend to the city council the physical closure of the Farnsworth Avenue on the east and west sides of Merrick Street. Second.

14:48 – 14:59Speaker 2

I have a motion for recommendation to city council for approval by commissioner Lambert with a second by commissioner Okay. Call the vote, please, Michelle.

15:00Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Tidwell, how do you vote?

15:04 – 15:18Speaker 4

Commissioner Lambert, how do you vote? Yes. Commissioner Johnson, how do you vote? Yes. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? Yes. Commissioner Reid, how do you vote?

15:18Speaker 4

Chair Boren, how do you vote?

15:21Speaker 4

That vote passes.

15:22 – 15:50Speaker 2

That is unanimous. Thank you very much. And before we call the third case, as stay I stated in our work session, I am recusing myself from the Woodhaven case. Vice chair commissioner Tidwell will be maintaining it. This was done after consultation with legal staff. I made the decision to recuse. Thank you very much.

15:56Speaker 5

So with that, we'll call p P25019.

16:03 – 16:37Speaker 1

P P 25019 Woodhaven GC Redevelopment Subdivision Golf Course, Texas local government code 2120155. Waiver request 31106 d two block length, 31 dash one zero one d internal roadway network connectivity, 12 mixed use lots, six multifamily lots, 10 single family detached residential lots, and one private space lot, Council District 5. General location North Of Booker Tone Boulevard, South Of Randall Mill Road, East Of Woodhaven Boulevard, and West Of Highwoods Trail. Applicant is Darryl Darryl Howard. Dunaway.

16:38Speaker 5

Thank you. To kinda set the stage, I'd like our our city attorney's office to to provide their input so we can get started.

16:48 – 17:24Speaker 13

Thank you. Rich McCracken, senior assistant city attorney. So as you will recall, this is a continuation of the initial public hearing that was held on 08/20/2025. As we talked about last time, your rules provide seven minutes for each side to present their case, three minutes for rebuttal, but it's at the chair's discretion to grant additional time for due cause. And so my recommendation with the number of people and potential speakers here that the chair grant additional time if needed to make sure we have a full hearing today.

17:27 – 18:46Speaker 13

At your table for each of you is a copy of section two twelve point zero one five five of the Texas Local Government Code like we did last time, we're gonna go through that again today to make sure you understand the statutory requirements and hopefully answer some questions you may have. I'm just gonna highlight some important parts, certainly if you have other questions we can address though. Those under subsection d, a new plat that is subject to this section may not be approved until each municipal authority reviewing the new plat conducts a public hearing on the matter at which the parties and interest and citizens have an adequate opportunity to be heard, present evidence, and submit statements or petitions for consideration by the municipal authority. And continuing on, you may abate, continue, or reschedule as the municipal authority considers appropriate any public hearing in order to receive a full and complete record on which to make a decision, which is how we landed here today since you continued the case last time and asked for some additional information. Believe we had gotten some questions.

18:46 – 19:23Speaker 13

In the city of Fort Worth, the plan commission is the municipal authority responsible for approving plots. The plot itself does not go to the city council for any approval. You are the final decision making authority on this matter. Moving on to subsection e, the municipal authority may not approve a new plat without adequate consideration of testimony and the record from the public hearings and make the findings required by subsection k. It goes on to discuss having thirty days after all proceedings in order to make a decision.

19:24 – 20:17Speaker 13

As we talked about last time, there's no real way to comply with the Open Meetings Act and render a later decision without calling another public hearing for you to deliberate and vote on that decision. So I don't I don't think we need to worry ourselves too much with that provision today. There's been a number of questions about subsection f that have come up since the last hearing, so I think it would be good to cover that. The municipality may provide notice of the initial hearing required by subsection D only after the requirements of subsection M and N are met, and the notice shall be given before the fifteenth day before the date of the hearing. Now that's of the initial hearing, and the initial hearing was held back on 08/20/2025.

20:17 – 22:01Speaker 13

And then it lays out the the manner in which that notice is provided, is publishing it in the official newspaper, providing written notice with a copy of this section of the local government code to each property owner's association for each neighborhood benefited by the subdivision golf course as indicated in the most recently filed management certificate and then there's a lots within 200 feet of the area subject to the new plat as indicated on the most recently approved municipal tax roll and in the most recent online records of the central appraisal district of the county in which lots are located. And any other manner determined by the municipal authority to be necessary to ensure the full and fair notice is provided to all owners of residential single family lots in the general vicinity of the subdivision Golf Course. So you're required to provide the notice letter and the city is required to provide a copy of this section of the local government code before the initial hearing, which was the hearing we held back on August 20. Under subsection I, this is a protest provision if written instruments protesting the proposed new platter signed by the owners of at least 20% of the area of the lots or land immediately adjacent to the area covered by a proposed new plat and extending 200 feet from that area and are filed with the municipal planning commission or municipality's governing body before the conclusion of the public hearings, the proposed new plat must receive to be approved the affirmative vote of at least three fifths of the members of the municipal planning commissioner governing body.

22:01 – 22:42Speaker 13

I have not been made aware of any petitions that have been delivered, so I don't believe that three fifths vote requirement has been triggered. Importantly for today, and I would ask that you put a star next to subsection k because I will recommend you come back to it after the public hearing today. And this is the the special findings. The Municipal Planning Commission or the governing body may not approve a new plat under this section unless it determines that. Number one, there is adequate existing or planned infrastructure to support the future development of the subdivision golf course.

22:43 – 23:24Speaker 13

Two, based on existing or planned facilities, the development of the subdivision golf course will not have a material adverse effect on a, traffic parking, drainage, water sewer, or other utilities. B, the health, safety, or general welfare of persons in the municipality. Or c, the safe, early, and healthful development of the municipality. Number three, the development of the subdivision golf course will not have a material adverse effect on existing single family property values. Number four, the new plot is consistent with all applicable land use regulations and restrictive covenants in the municipality's land use policies as described by the municipality's comprehensive plan or other appropriate public policy documents.

23:24 – 24:38Speaker 13

And number five, if any portion of a previous plat reflected restriction on the subdivision golf course, whether a, that restriction is an implied covenant or easement benefiting adjacent residential properties or b, the restriction or covenant or easement has been legally released or has expired. So as we discussed last time, my recommendation is that you return to this subsection after you you hear all the public testimony today and you may be looking at it as the testimony and any documents are submitted to you and that you go through and deliberate on each of these items to make a determination on whether or not you can make the determination required by these items. So moving on to subsection n, I wanna cover this briefly because there was questions on this item as well. A plan for development or a new plat application for a subdivision golf course is not considered to provide fair notice of the project and nature of the permit sought unless it contains the following information complete in all material respects. Number one, the street layout.

24:38 – 24:54Speaker 13

Number two, the lot and block layout. Three, the number of residential units. Four, location of non residential development by type of development. Five, the drainage, detention and retention plans. Six is screening plan for adjacent residential properties including landscaping or fencing.

24:54 – 25:31Speaker 13

And seven, an analysis of the effect of the project on values in the adjacent residential neighborhoods. So those are the requirements to consider your application filed. So staff made that determination at the August 20 meeting and set the case on your agenda. That is not really something that the plan commission itself can make a determination on because you'd have to hold the public hearing to make that determination under the open meetings act. So that's something the staff has to do on your behalf is make that determination, then send out the notices and set the case for the public hearing.

25:36 – 26:04Speaker 13

That's it as far as addressing the items specifically in the statute. Kind of reminds you, you know, most plots, you all have a ministerial duty. You don't get a lot of discretion. If the plat conforms with the requirements of state law and the city subdivision ordinance, you have to approve it. This special statute gives you certain determinations that you do have to make and so it's a little bit different than your regular plat.

26:06 – 26:43Speaker 13

I'll also remind you this is a preliminary plat. So this is just step one in the plotting process. We have to have this special hearing under the local government code. Assuming the preliminary plat were to be approved and the applicant still has to go through engineering, maybe additional studies and final plotting that may or may not come back before this commission depending on whether the plot conforms with the preliminary plot. So it's certainly not the end of what an applicant has to do in order to get a final plotted lot on the ground in order to do a development.

26:46 – 27:36Speaker 13

I will address very briefly, there was some correspondence regarding request for information that were made under the Public Information Act and in fact both a resident of the neighborhood and the applicant themselves made requests under the Public Information Act. I became aware on Monday that information had not been released, and so we worked diligently the last couple days to get it reviewed and get the staff to release it. So it is my understanding now that the information that was requested was released as of last night or late yesterday afternoon to both sides. That's about all I have to cover. I will answer any specific questions and I think staff will then go into their normal presentation that we give during the work session.

27:36 – 28:01Speaker 13

Plus we've got members from each of the infrastructure disciplines here to address briefly on the studies to answer your questions because that was the one major thing the plan commission inquired about last time was about the studies and what was in them and the status of them. So they'll be here to talk about the studies and hopefully answer your questions on those. So do you have any questions of me at this point?

28:01 – 28:21Speaker 9

Mr. Henderson. Rich, so language in here about what is materially adverse in section k, do we have any guidance from case law or anything guide us to what is or isn't materially adverse? Obviously there's increased traffic in the traffic study, so how much would be materially

28:21 – 28:35Speaker 13

Right, and so I'm not aware of any case law that answers that question, so when it's not answerable by the case law, generally what we do is use the common ordinary meaning of the words in the statute.

28:41 – 28:54Speaker 6

Yes, you made a statement that this is not the end of it, but if this body vote yes, it won't come back to us.

28:54Speaker 13

It may or may not.

28:56Speaker 6

So that's chance we have. It's a fiftyfifty chance.

29:00 – 29:47Speaker 13

So, if the preliminary plat is approved today, you make the findings you're required to make, and you find that the plat conforms with our rules and you approve it, that's just the preliminary plat. Then they have to go through engineering to actually design all the public infrastructure, the water, the sewer lines, the streets, the storm drainage that is necessary. And then they have to come back and apply for a final plat of that property. Recall And with the waivers you get, you cannot get a building permit without a final plat in the city unless the Planning Commission grants a waiver of that. So, the point of the conversation is this is the beginning, they certainly would not be finished before you see buildings go up.

29:47 – 29:58Speaker 13

It's a preliminary plat. It's preliminary in nature. You would not have the same hearing again though if you approve the plat today.

30:02Speaker 5

Mr. Singletary. So

30:04 – 30:27Speaker 3

if we as the commission found the subsection K findings and determine those did exist here. Does that cover the additional requirements we have under the city ordinance to make approvals of waivers to the

30:27 – 30:48Speaker 13

Right. Good question. So you have a couple things to do, right? You have the plot itself and whether there's any questions about whether or not it complies with our rules and regulations and that any plot comment should be addressed in the plot comments that are in the packet that was prepared for you from staff. It would tell you whether they're cleared or not and I'm sure they can answer those questions.

30:48 – 31:24Speaker 13

So that's one thing you have to decide. Another thing you have to decide is you have two waivers that are being presented to you, so you've gotta make a determination on those two waivers. And then additionally under the subsection you need to go through and make a determination on those items. Certainly it makes no sense to approve the plat if you could not make that positive determination on each of those items. So my recommendation is you start with those items, deliberate on those, make some determinations and then we'll go from there. But yes, we'll have to turn to the plot itself and the waivers that need to be considered today.

31:25 – 31:49Speaker 5

As for the commission's benefit, my plan is to entertain the question on the facts first, the finding of fact under that subsection. And depending on that vote, we may or may not move to the waivers. If we don't come to a conclusion on those that's positive, then there's no reason to entertain the waivers.

31:50 – 32:03Speaker 3

And you plan to have the full hearing of facts before we have the votes on the subsection K findings. Is that Will we? Yes. Yes, okay.

32:05Speaker 5

Good. I'm not gonna vote on anything until everybody has their say.

32:09Speaker 12

I had a question for Rich as well. Do you know what information was released last night?

32:16 – 32:37Speaker 13

So the I believe everything has been released to my knowledge that had been asked for. So it should be the studies, the plat, the waiver support letters, the economic impact analysis that I think there was two of those now that have been submitted. One, the initial and then later a new one that got provided.

32:41 – 32:53Speaker 15

Was there a, on the information that was supplied yesterday to those that requested it, was there a timeframe that's allotted to be able to review that information for those people that received it?

32:53 – 33:09Speaker 13

So there's nothing under this specific section to 12.0155 of the local government code. It doesn't speak on giving documents to anybody. It speaks on the application to the city being complete.

33:14 – 33:28Speaker 5

Any more questions for attorneys? Okay. We'll get started. You have staff reports you want to present first?

33:28Speaker 1

Alex is gonna go first and then we'll go into the people for and against.

33:51 – 34:02Speaker 17

All right, hello everybody. So again, we have PP2519 was continued from August month. So again, it's the Woodhaven Golf Course Development.

34:02Speaker 5

Can you get in the mic?

34:03 – 34:27Speaker 17

What's that? Sorry, not talking loud enough. Apologize. So basically what's being proposed here is a plat for a development that has mixed use, multi family and single family residence, and they're requesting waivers for interconnectivity and block based length. Just to give you context again on this one, there was a zoning case back earlier this year, ZC24147.

34:28 – 35:08Speaker 17

They initially requested just straight zonings for MU, A21, A5, CF, and UR, And when it went to city council, they amended what they approved there to be PDs. And in addition to what Rich said earlier where, you know, he said the process isn't complete after today, they also have requirements from zoning for both of these PD sites. They are PD site plan required. So with those, the site plans, they have to go to zoning commission and then city council approval for each of those PD sites. They didn't make a small update to the preliminary plat since the last meeting.

35:09 – 35:42Speaker 17

I'll go to the next page. On the Southwestern portion of the site, the Street A where there's the PD UR portion, They did remove the connection to Doral because I know there was a lot of opposition to the connection there. And I did ask the applicant, by eliminating that connection, they lost their second point of access. So with one point of access, they're only allowed to have up to 99 and they did tell me they're not going to request a waiver, so they're not gonna have more than 99 multifamily units from what I'm aware of on this portion of the site. And with the other I'll go back to the first page.

35:43 – 36:28Speaker 17

With the block face links, they were requesting them initially for the mixed use portion down the center of the site there. We did ask them or we recommended denial for that center portion just because because the mixed use ordinance calls for more of an urban small block design, and they have since broken it up into smaller blocks with public access easements and public use easements. And the rest of the site is still pretty much the same since the last time they have the A21 large residential lots that they're proposing for the rest of the site. And again, that subdivision golf course ordinance I put on here. I don't have an up to date site plan, so I just decided not to put it on this slide.

36:28 – 36:59Speaker 17

The only thing I currently have at the moment is the landscape plan that shows how they're screening their site. Also, again, they provided an updated economic impact analysis. I'm gonna defer to the applicant who will go more into detail on what they've submitted here, but they did provide two examples where a golf course was developed into residential and I see there's commercial here as well. And I'll defer to transportation on the first presentation here.

37:00 – 37:12Speaker 9

Before you do that, can I just ask a question about the recommendation of DRC? What I have in front of us in my packet is that they're recommending approvals and I don't see a denial.

37:12 – 37:26Speaker 17

Right, initially we had recommend, yes, because they changed their site up to kind of meet us in the middle on our recommendations, so we're recommending approval for the waivers this time. It's slightly different from before, but we're recommending approval, yes.

37:26Speaker 12

All right, thanks

37:27Speaker 9

for clearing that up.

37:29Speaker 5

Do have one question. So do we know the number of residential units being planned?

37:39Speaker 17

So I did receive a document, I believe I think yeah. Maybe Rich can talk to it, but I think it might have been a transportation study that they stated how many units they're providing. Stu might be able

37:49Speaker 16

to tell you, but. The top of my head, I can't remember what the number was.

37:54 – 38:07Speaker 5

I'm not concerned with a number. I'm concerned with a document that shows how many units they're planning.

38:07 – 38:27Speaker 13

Right, so that based on my discussions with the applicant, that information is only within their transportation improvement analysis, their TIA, which you should have a copy of. If you look at the first few pages, I'm sure we can pull it up, there's a summary of the proposed units for that development.

38:32 – 38:43Speaker 5

So since it isn't shown on the plat, the number of residential units, is that transportation study then binding?

38:44 – 39:10Speaker 13

So it is. The transportation study is a plot application requirement of the city. You cannot get your plot approved unless you have an approved study. We will not approve that plot. And so as you'll recall for every case that comes before you hear that they've submitted their studies and what the status of the study is and whether it's been approved or not. And so that is a requirement of the city to get approved plat.

39:11 – 39:45Speaker 5

I apologize, but I'm probably not being clear enough. If in the past, people have submitted transportation studies, changed their plans from the preliminary to the final plat, conducted a new transportation analysis, gotten it approved by staff and it doesn't come back to us. My question is, if they said a 100 units or whatever the number is, is that going to be binding on the developer?

39:46 – 40:12Speaker 13

So what's ultimately binding gets bound on the developer is a, they're showing you single family residential lots in the a five areas. That's pretty easy to count up the number of lots and you're not gonna be able to do anything without revising that plot. For the other areas, it's based on their zoning. Right? There's a maximum density that you can do for multifamily mixed use as far as what our zoning ordinance allows you to do.

40:13 – 40:38Speaker 13

And so we would assume maximum density on those with the caveat that as we would just discuss, they are capped at 99 units on that one street with one point of access for multifamily. They can't do anymore. And also as part of their zoning, they are limited I believe is to two stories in certain areas. And so they've got some height limits that would theoretically cap them at the number of units they can bring.

40:39 – 40:56Speaker 5

Rich, I'm looking at the criteria in the statute. And one of the criteria for us hearing this is a plan that states the number of residential units. And that's where I'm trying to get to is do we have that number?

40:56Speaker 13

And my understanding is those numbers are provided in the transportation improvement analysis, the TIA. They've provided those numbers.

41:05Speaker 5

And if those numbers change,

41:09 – 41:34Speaker 13

what's Right. So if those numbers change, as you recall, would have to submit a revision or a memo or something on their TIA. If they're changing the number of their lot layouts, as you will recall under the ordinance, staff has certain ability to approve minor revisions to apply to add less than 5% more of the lots. Otherwise, it comes back to you. So.

41:36Speaker 5

This isn't this isn't the subdivision ordinance.

41:40Speaker 5

And that's my.

41:41Speaker 13

Right. And so if if they got to that point, my recommendation would be bring it back potentially just on that item.

41:50Speaker 5

Thank you. Sorry to

41:53Speaker 9

ask a follow-up on that because I had

41:54Speaker 5

Mr. Henderson.

41:55 – 42:09Speaker 9

Because this statute says providing fair notice includes the number of residential units. Are we sure we've met that because that was flat and it was part of the transportation study that wasn't available for the public?

42:10 – 42:21Speaker 13

Right, so their application included their transportation impact analysis that included those numbers. So staff made the determination that they had met the statutory requirement because of that.

42:21Speaker 5

Thank you. Thank you, Rich. Any more questions for Rich?

42:25 – 42:37Speaker 6

Yes. Everything that we talked about at the last meeting, were they able to get it out to the public in the correct timing?

42:42Speaker 13

So I I think you will hear from the public that no, their position is they've not gotten that. I will let them present that information to you during the hearing.

42:55Speaker 5

Questions? Thank you.

43:00 – 43:15Speaker 16

Yeah. Alright, guys. So they submitted a traffic study earlier this year. We accepted it in March. I have three slides that kinda summarizes the study and its conclusions.

43:15 – 44:02Speaker 16

So at the very front end of this, the development is projected to generate about 400 trips in the morning commute time and about 500 trips in the evening commute time. In both instances, about 100 of those trips are internally captured within the development. And generally, the study assumed trips would be primarily to and from I eight twenty for North South trips and 30 for East West trips. Two key intersections of this development where it connects to the existing transportation system is the intersection of Country Club in Boca Raton and the intersection of Randle Mill and what I believe is called Street B on their preliminary plat. It's called, like, Driveway B in the study, but same thing.

44:04 – 44:50Speaker 16

Currently at the Country Club and Boca Raton intersection, there are about 600 trips in both commute periods. In the forecasted trip the fork the the forecasted analysis, this development generates a 160 trips in the morning peak hour and a hundred hundred and nineteen in the PM peak hour. That's a small a relatively small percentage of the total trips forecasted for that intersection, and it maintains level of service, which means it operates appropriately. The Random Mill Street B to the north is much busier. In the morning, it has 800 trips, and the evening, it has about 1,200 trips.

44:50 – 45:35Speaker 16

So very busy. Again, this development adds one hundred and sixty and one hundred and thirty trips in two peak hours. Again, a relatively small percentage of the total trips forecasted. So the conclusions of this were that the Reindle Mill and Hanley Ederville Intersection fails or sorry, I had I amended this slide after the fact. But it has a level of service e, which is at maximum capacity in the PM peak hour and then currently it has LOSE in the morning peak hour. So it's already at maximum capacity in the morning now, and then in the forecast, it is at maximum capacity in the evening peak hour.

45:35Speaker 5

I'm sorry, I didn't quite understand that.

45:37 – 45:55Speaker 16

Yeah, so the intersection is at capacity currently. And in the future, if if this development proceeds, it will be at capacity in the evening. That makes sense? And so yeah. So so was that clear? I probably explained that poorly.

45:56Speaker 5

So it's at capacity now?

45:58Speaker 16

Traffic capacity. Yeah. LOSE. And then I I also have my engineering manager here to explain engineering principles to you more if needed.

46:13 – 46:48Speaker 19

So the level of service is basically a concept that identifies how the intersections or the street segments operates. And, it's, basically different levels from a up to f, with f being the failing conditions. We didn't reach that level yet. We are at e, which is the maximum capacity at which an intersection or a corridor can operate. And we are at e with with the existing without the the development traffic. When the development traffic is added to the intersection, it's gonna still operate at e as well.

46:50Speaker 5

Thank you. A few

46:57Speaker 16

more a few more bullets.

46:58 – 47:44Speaker 16

So unsignalized intersections in the study perform an acceptable level of service at build out. If it's signalized, it can be optimized later on by TPW if if they determine there to be a need. And the the overall general conclusion of the traffic study is that compared to the existing traffic at study intersections, the development has minimal impact to the surrounding network. After the internal circulation changes were made when the preliminary plat, we requested a update memo from the from the applicant, and that was given to you all this morning or this at noon. And that, again, shows that the changes did not impact the conclusions of the study.

47:45Speaker 16

That's what I got for you. Any questions?

47:52 – 48:19Speaker 9

Yes. So thank you. Question is what I was not able to really determine is what the forecast is for cut through trips along Street A, down Country Club Lane on the Newton portion all the way to Random Mill. Do you have a summary of that? Sure. So what I was trying to understand is how many trips we expect to cut through the neighborhood along Country Club Lane and then on Street A through Durano Mill.

48:19Speaker 19

Yeah. So I guess we can get back. Do you have

48:23 – 48:51Speaker 19

exhibits? Okay. So I will have to use my engineering I don't have the numbers. So with the two intersections being impacted very slightly compared to the existing with maybe 17% to 20%, I will say if we divided this equally on the four directions, north south, east, and west, that will be maybe close to 5% to 7% cut through traffic.

48:53Speaker 9

Okay. Thank you very much. Yes,

48:59Speaker 3

sir. So if I understand the study's findings, it's that these two major intersections are currently at capacity.

49:08Speaker 19

Yeah. I'm sorry.

49:09Speaker 3

They're not at capacity today.

49:11Speaker 19

One of them one of them is at capacity today. Okay. One is operating properly.

49:17 – 49:29Speaker 3

And then after the development, the expectation is that they they will then both be marginally increased in traffic, putting both at at capacity. Still only one is at at capacity.

49:29Speaker 16

Are you referring to Boca Raton and Country Club and Random Mill and Street b?

49:33Speaker 16

Okay. So those ones are operating fine right now and they'll continue to operate fine in the future. They're not they're not capacity.

49:41Speaker 3

So what was the at capacity?

49:42Speaker 16

Mendel Mill and Hanley, Ederville.

49:50 – 50:06Speaker 5

Questions? So my my last question is, it goes back to the discussion we were having earlier. We need to know the number of residential units that has been submitted.

50:06 – 50:23Speaker 19

Yeah, the number is also is not on the top of my head. But if I will have to use my engineering guess being with the side generating close to four thirty traps in the morning, I would say that's going to be maximum 600 units.

50:26Speaker 19

Maximum. But we do have that number in the study. And when that number gets changed significantly, we request a new TI for sure.

50:40Speaker 17

I have another few slides for drainage. They'll speak on these.

50:53 – 51:31Speaker 21

Hello. Robin Stevens with Stormwater Development Services. So they have submitted and have an accepted preliminary drainage study DS twenty five forty two. The study took a look at the zone of influence for the project and the overall development at a preliminary level. So that means that they still have to go through final drainage studies in order to to the rest of the processes. So right now the study that we have accepted on file does support the overall layout for the preliminary plat with the proposed site usage and zoning.

51:34Speaker 5

They do have an approved drainage

51:38Speaker 21

study? They have an approved drainage study for the preliminary plat only. There will be additional studies to support the phases moving forward.

51:47Speaker 5

Any questions on drainage study?

51:50 – 52:19Speaker 21

There is also an accepted preliminary flood study that looked at the overall development in relation to the floodplain and any proposed grading changes along with the valley storage relating to the West Fork Trinity River. Overall development from a high standard is not showing an increase in that water surface elevation so the preliminary flood study supports this overall preliminary layout with the floodplain easements.

52:20Speaker 5

So in staff's opinion they have provided drainage detention and retention plans? Plans?

52:30Speaker 21

Do you have any more questions for me?

52:33Speaker 5

I don't see any.

52:34Speaker 21

Okay, thank you.

52:38 – 52:53Speaker 17

So going back to the recommendation, we are recommending approval for the four block face waivers due to the fact that they amended their site to kind of meet the requirements we had in the last meeting. And then we are recommending approval of the interconnectivity waiver.

53:02 – 53:14Speaker 17

Will say I am sorry. I'm going to lean on the public and the applicant just to and y'all make the determination on the subdivision golf course aspect of this because I know they're going provide a lot of information on this.

53:14 – 53:39Speaker 23

Can I ask one other question real quick? Looking through the staff comments, I know, Rich, you mentioned there's a cap of 99 multifamily units when there are only two points of ingress or egress. In the comments, it looks like there's also maybe a cap at 29 or 30 for single family units when there's only two points of ingress egress. Is that accurate?

53:40 – 53:56Speaker 17

It depends on the way it's built out. If we go with the assumption that they're building it multifamily, it would be a 99 unit cap. But if they built it out like single or two family, it would be a 30 unit cap. It's a requirement from fire but it depends on how they build it out.

53:59 – 54:12Speaker 9

So I was looking at the traffic impact analysis, and it does state in here that the multi family housing, the assumptions are two eighty nine units. Are you saying that's been revised down or is it a different?

54:14 – 54:31Speaker 7

So to answer Commissioner Kranz's question, if you look at Street A here, that's what's on the slide. See how it's basically a cul de sac. So there's a large amount of development around that. It's all zoned UR. And in UR, can do a multitude of different development types.

54:31 – 55:07Speaker 7

They could do single family all the way up to multi family. And so depending on what type of development type they decide to do there dictate how many units they can have. If they decide to go with multifamily throughout that entire area, they can have up to 99 units. If they decided to go with a single family typology or plexes, it would be up to a 30 unit cap. So it depends on the development typology they decide to choose within that UR section. That's the reason why it's stated that way in the staff report because they have multiple typologies within that same zoning category.

55:07Speaker 23

And if they include both types of development, are they capped at both?

55:12Speaker 7

They can't do both. They can't do 30 single family dwelling units and 99 units on the same point of access. Fire will not

55:18Speaker 4

Got it. Thank you.

55:23Speaker 17

Sorry about that. Commissioner Henderson.

55:26 – 55:47Speaker 9

Okay. Thank you for that. So I was looking at what the number of units was in the application just to understand. So in that traffic impact analysis, it does state 29 single family detached housing, 28 single family attached housing, and two eighty nine multifamily housing will rise. So, that seems like maybe it's more than what they're now saying with the limits they're changing, right?

55:48 – 56:00Speaker 17

I believe I'd have to go to the assumption that they're going to put those additional multifamily units on the mixed use portion of the site. But they explicitly told me they wouldn't be going over the 99 unit cap on the

56:00Speaker 9

PDU R portion. Okay. Alright, thank you.

56:04Speaker 5

Thank you. Any more questions?

56:22Speaker 17

Alright. I guess the sorry. And no more questions. Alright. Sorry. Thank you.

56:31 – 56:46Speaker 5

Is that all of the staff reports? Okay. Thanks. We're gonna move into the public comment portion. We're gonna divide it into those in favor and those opposed.

56:47 – 57:27Speaker 5

I'd like to start with the developer, mister Norman. Mister Northern? There was some discussion you heard earlier about the seven minute criteria and I realized that we're not gonna get this done in seven minutes. I I would like to ask everyone before we start that we keep to a minimum the number of repeat points that are made and bring new information when you speak. Thank you. Mr. Northern. Hold on.

57:27Speaker 20

I'm to trying make sure that You want me to come grab that?

57:36Speaker 5

We just lost thirty seconds.

57:44 – 58:29Speaker 20

Well, if we can grab the other clicker. Anyways, I'll go ahead and do my intro. First of all, I wanna thank y'all. I know it's kinda been a long process, both for staff, both for the board. So we really do appreciate it. My name is Tyler Wallach. I am an attorney with Jackson Walker, and I represent the applicant. So we're gonna kinda take a team approach on this. So I'll start it off, and I think the assistant city attorney kind of stole my thunder on a lot of the that I was gonna present. But I'll go ahead and reiterate some of it for y'all anyways. The next person up after me will be Darrell Howard. He's with Dunaway and Associates. He's our civil engineer, he can help go through all the plotting information. And then we have Jason Klontz as well. He's with Catalyst and he did the economic impact analysis.

58:29Speaker 20

And then you'll see me come back up after that.

58:31Speaker 5

We're gonna need green sheets on everybody.

58:33 – 59:17Speaker 20

Yes. I think everybody has a okay. Yes. Everybody has a green sheet. So in terms of, like, a summary of this request, I think the first thing that we need to remember for kind of everybody is that zoning for this has already been done. Right? City Council did that. They did that back in February 2025. It was a long process. And then City Council approved the zoning, four different zoning, so I think you'll see here. And so what we're asking for here is really just approval of the preliminary plat. One thing to remember as well is that the applicant here is a horizontal developer. Right? He's not the vertical developer. And so in terms of, like, unit count and all those things that we've discussed before, those things, they will be governed by the the zoning.

59:17 – 59:41Speaker 20

They will be governed by the building code as well. And we won't they we we can't go over the amounts of of units that are allowed by law. But what we have here today is a preliminary plat with the waiver. And it's worth noting that these approvals are supported by city staff and the development review committee. So brief history, some of the stuff I found out as well.

59:41 – 1:00:06Speaker 20

So this is actually a 149 acre Woodhaven Golf Course. It's actually part of a much larger development with the Woodhaven Country Club Estates. It's actually 740 acres that was purchased back in 1969. It was a mixed use development predominantly mixed use with single family, multifamily, and commercial, with multifamily actually being the dominant use in that area. It was built out over 13 phases across sixties, seventies, eighties, nineties, and into the February as well.

1:00:07 – 1:00:43Speaker 20

Skipping through some history, the current owner purchased the property back in 02/2024. And I've said before, rezoned it with city council approval back February 2025. We have four zoning categories. We have urban residential, MU one which is low intensity mixed use, a 21 which is 21,000 square foot lots, and agricultural as well. So as your assistant city attorney was saying, you know, this isn't your normal process and this and what I can tell, this is probably one of the first times, if not the first time, this has been done in the city of Fort Worth.

1:00:43 – 1:01:15Speaker 20

So this is precedent setting for everybody in this room, I think that's worth noting. And I know we were talking about the plat application earlier, and so we have different rules that have to apply to this plat application and different rules that y'all have to apply when looking at this application. And what I want to point out in this is that we submitted everything to the city that was required by law in order for the city to send out notice in order for the public to have adequate notice of this hearing. And those are all the things that were included. You already know your powers and duties, so I'm not gonna reiterate those.

1:01:16 – 1:01:41Speaker 20

So, again, your assistant city attorney went over all of these as well. So I'm not gonna go over them again, but what I will say is when we go through this presentation, we're gonna do this very systematically. We're gonna go through each of the elements. We're gonna hit each of the elements one by one and show you how we meet them. So that way, if you have questions later on, happy to answer them.

1:01:41 – 1:02:12Speaker 20

But you can follow it with the elements as we're going down, a b c d e. And I would say, right, that with regard to number one, what you'll see is and what we'll show with both the testimony and the evidence is that there is adequate infrastructure. There will be adequate infrastructure to serve this development. There's no material adverse effect on either the infrastructure, public health safety, existing single family property values as well. That the plat is consistent with land use regulations and with the comprehensive plan, and that there are a few easements out there.

1:02:12 – 1:02:56Speaker 20

They traverse the the development. There are utility easements mostly. So you got water, sewer, electric. But the good thing is that whoever's gonna get in there and develop, the city's gonna require if they're clay, that those have to be improved. They have to be enhanced from clay. They have to be enhanced up to PVC pipe, and there would be no disruption in service either. Y'all had asked earlier about the Platte waivers. So yes. So you have our our interpretation, I think, the assistant city attorneys as well, is that have to find for those elements that are in the statute in addition to the elements that we have in the city code for the plat waivers. And one of the reasons why this this presentation is is is gonna take a little bit longer than you're used to.

1:02:56 – 1:03:21Speaker 20

But what we'll show again is that each one of those waivers, there's a reasonable difficulty from strict compliance with the code, not detrimental to the public health and safety, or it's not gonna injure other properties as well, and that will not prevent the use or orderly development of any other tracks. And at this point, I'm gonna hand it off to Darrell Howard, again, who is with Dunaway and Associates. He's gonna take you through a lot of the technical aspects.

1:03:26 – 1:03:45Speaker 18

Everyone. Darrell Howard with Dunaway Associates in Fort Worth. Thanks city staff for going over the the studies and where we are today. So I'll be going over just the development plan and hopefully answer some of your your questions that that you have. So, again, this is the development plan.

1:03:45 – 1:04:19Speaker 18

The the areas that are highlighted in the in the different colors show that the separate zoning areas. So the yellow is a 21. You've got the M U 1 in pink along Street C that that connects to Randall Mill, and then you have the UR residential in blue there. The the red hatched areas are areas that are undevelopable. That's due to floodplain limits and topography limits adjacent to the the apartment complex.

1:04:19 – 1:04:45Speaker 18

The apartment complex is is lifted up on on a hill. Big takeaway from from this map is, again, the Doral Street was was removed, you could see that here. The the dark dash line is the proposed public right away through the property. So you could see connection from Randall Mill down to Country Club Lane. And maybe to address the the question on the the number of units.

1:04:45 – 1:05:15Speaker 18

So the area in blue, that would be limited to the 99 units or the or the 30 single family family units, just that area in particular. The the unit count that's addressed into the in the traffic study is for the whole whole development. I'll go to the next slide. Sorry. Okay.

1:05:15 – 1:05:36Speaker 18

This is just an overview of the existing zoning. Big takeaway here is that there is a 200 foot this is in green on the screen. There's a 200 foot buffer setback from Oakmont Lane North Street. So from those a five units, there's a 200 foot setback there. That's in again, in the green area.

1:05:36 – 1:06:04Speaker 18

And then this was mentioned. Two story height restriction is adjacent to Doral and the Oakmont, southern portion of Oakmont to the south. This is the landscape plan. Just briefly, proposed street trees along the public right of way as proposed on the site. So, again, I said the dash line is the proposed public right of way.

1:06:04 – 1:06:38Speaker 18

There are other access points via public access easements and public use easements. And then the there's existing tree canopy that's shown on here. That's kind of the splotching of of green areas that you see there. Another requirement is that there's required screening from residential units. So from there's a 20 foot buffer yard required as well as proposed trees and screening screening fences.

1:06:40 – 1:07:04Speaker 18

This is just a snapshot of the drainage study that drainage studies have been going over, so I'll skip through this. Again, the plat has been reviewed by city staff. But just briefly, you could see the proposed public accesses. Those are the dash lines that you you see on the map. Street A was reviewed.

1:07:04 – 1:07:26Speaker 18

This is a portion side. It's Random Mill. Street C ties into Random Mill. That's the eight twenty one lots, large lots. Dash lines going through our sanitary sewer easement easements that exist on the property, some of which need to be upgraded from clay pipe to PVC.

1:07:29 – 1:07:48Speaker 18

This is a southern quadrant of the development. Quick overview of the the block based waivers that we are requesting. So they range from 500 feet to 2,200 feet. So whether those occur. So this is Block 1.

1:07:48 – 1:08:21Speaker 18

You can see it's very linear. Length there. To break up the blocks, you you need, in this case, east and west access to break up the blocks, which we we don't have because of the floodplain to the to the west and lighted lots to the east. This is Block 3. This block faces about only a little over the 500 foot requirement minimum.

1:08:22 – 1:08:43Speaker 18

Sorry. Maximum. So we're unable to break up this lot just because of reduced access to the south and because of topography. There's extreme slopes through that lot. And there's Block 7 here.

1:08:43 – 1:09:14Speaker 18

This is the existing country club. So this one is about 900 foot block face length along Street C. So that's that exceeds the 500 foot. So we're asking for a waiver for that. However, we are providing a public access easement along the northern portion of this lot as well as a public use easement down the western side of the lot for pedestrian access to sidewalk that's on Country Club Lane to the south.

1:09:17 – 1:09:40Speaker 18

Then lastly, for the block face waivers, this is Block 8. It's a very linear, irregular layout. Unable to break this one up because of, you know, no access to the east because of the existing existing planet lots. It's a very long block. However, there is varying uses along this block.

1:09:40 – 1:10:19Speaker 18

And then north, there's a 200 foot buffer yard setback. Then further south, there's some extensions of the existing lots that would tie into the proposed street c. And then further down, the block actually transitions into the a 21 lots. Going over some of these bullet points already, but these are the reasons for the the waiver request. So former golf course bound by the single family, multi family, light at lots, floodplain.

1:10:22 – 1:10:46Speaker 18

Again, it's no detriment to the public for the waivers that we're requesting. And this is just a snippet of the inter internal connectivity index. So, generally, to meet this requirement well, over what we have. So it's it's calculated as point eight. The requirement is a minimum of 1.4.

1:10:46 – 1:11:38Speaker 18

The reason we're unable to hit that is because, generally, you would need cross streets and and more t intersections, which are unable to provide just because of the existing plat of lots. So, again, you could see the proposed public right away with no east west access, very limited east west access. Again, topographical constraints due to the floodplain, irregular geometry. Public. So this goes back into the studies which Steph has discussed already.

1:11:39 – 1:12:29Speaker 18

So, again, these studies are are accepted and they each of them do require I I don't know that this was stated, but there is some planned signal timing updates for a couple of the of the intersections on Woodhaven Boulevard at the intersection of I-thirty. I believe it's Bridge Street and Brentwood. Those intersections will require some timing updates. And then this just goes over that no adverse impacts due to the proposed development. So adequate water and sewer, there's proposed water and public right of way.

1:12:30 – 1:12:46Speaker 18

There'll be another water connection to Randall Mill. So it'd be another access point for public water. There's proposed detention ponds that are required. There will be additional studies on those. Traffic study. Talked about that.

1:12:48Speaker 5

You have a much more? Sorry? How much longer?

1:12:52Speaker 18

Oh, right now, I'll be passing over to Jason Claunch to go over the economic impact analysis.

1:12:58Speaker 5

Thank you. Thank you. Any questions? Thanks.

1:13:09 – 1:13:44Speaker 24

Commission, Jason Klanche with Catalyst Commercial. We were in charge of conducting the economic impact analysis and also the study on the adjacency. In essence, the economic impact study is pretty straightforward. We used REMS data, looked at the investment and the spend both on construction and operations. Obviously, there would be economic output associated with that. We do believe that that would have positive impact on the adjacent neighborhood, just providing amenities, additional investment, and access to jobs. We looked at a second study,

1:13:45 – 1:14:26Speaker 24

we looked at about 189 golf courses. There's no perfect analog out there. A number of the golf courses have still remained closed. Those that we saw that were in a closed condition and weren't maintained, most of those have declined in value. I understand this course is at least being cleaned up and at least some level of low maintenance. The two case studies that we looked at were Willow Springs and another project down in Bryan, Texas that we're actually been involved in with the city activate. So we're familiar with those two projects. They were both close to this. One, Willow Springs, primarily residential. Bryan is obviously primarily commercial.

1:14:26 – 1:15:02Speaker 24

And so that gave us two different perspectives to look at. We looked at both values adjacent to the golf course. We also looked at values from one mile to the course just to see if there's any deviation between declines maybe increases outside of that adjacency in the one mile region. And essentially in both studies, we found both increases in values adjacent to the courses after development compared to their values prior to the closure. And we also found that the area in one mile also increased.

1:15:02 – 1:15:17Speaker 24

So we feel like that based on at least the statistical evidence that in this case there would be no adverse impact to value from the redevelopment of the proposed Woodhaven Golf Course based on at least the evidence we found.

1:15:20 – 1:15:33Speaker 15

I had a quick question for you. So when you did the study on the other two golf courses, were they similar to the Woodhaven Golf Courses?

1:15:33 – 1:16:02Speaker 24

They were somewhat similar to Woodhaven. I know that obviously Woodhaven has a proposed probably more open space than the Willow Springs Golf Course. That's primarily majority of residential that's been included within the infill. There are some pocket parks what you'd find in a traditional residential development, but I believe Woodhaven would have more open space, at least as proposed. On the other hand, I think the City of Bryan desires that they're maintaining that park atmosphere.

1:16:02 – 1:16:29Speaker 24

They're activating that with purely commercial uses, more around sports tourism. And so they've maintained a substantial amount of open space, but they've been programming that along the internal spine very similar to this. Unfortunately, there's no exact replica of this golf course geometric conditions and market conditions. A number of the courses have remained closed. A number of those sort of remain in a state of disrepair.

1:16:29 – 1:16:59Speaker 24

And those are declining in values, which definitely would hurt the neighborhood. The other courses we've seen have sort of gravitated towards public uses, maybe parks or increased storm water detention. There were a number of facilities that we looked at that maybe had multifamily, but there were very few there was very few data sets in terms of sample size that we could really get an idea of what's happening adjacent to the golf course that we felt like would be more statistical than the two proposals that we provided in the analysis.

1:17:01 – 1:17:15Speaker 24

I will say that there's been other analysis similar to this and the results are very similar, that there was no adverse impact to the adjacent neighborhood. I think the majority of the studies have been done in Florida and those are consistent with our findings as well.

1:17:16Speaker 5

Thank you. Any more questions? Seeing none.

1:17:22 – 1:18:03Speaker 20

It's okay. I'm gonna wrap up real quick. There's two more elements. I'll get through them quickly. Don't worry. I appreciate your patience. So the fourth one is if the plat's consistent with applicable land use regulations in the comp plan. And based on the information, the evidence that you've seen so far, which is the preliminary plat, development plan, plan for required buffers, landscape plan. The answer is yes. All of that is compliant. And with the waivers, yes, it absolutely will be compliant. The restrictions and the easements, we've gone over this before. Here's a map that kind of outlines where those utility easements are, both over water and sewer. As we said, you know, if they're clay, they'll be enhanced and upgraded up to PVC. There'll be no interruptions in service.

1:18:03Speaker 20

There'll be workarounds to keep providing service. Here's the conclusion, and we hope that y'all approve our preliminary plat with the waivers. Thank you.

1:18:12Speaker 5

Thank you. Any more questions?

1:18:18Speaker 12

Okay. I had a question.

1:18:20Speaker 5

Sorry. Go ahead, mister.

1:18:22 – 1:18:39Speaker 12

From the last time last time we're here, remember there's a big discussion about Doral Drive. And my question was, and I can't remember, but was this preliminary plat changed to cause that to be a dead end and not a pass through.

1:18:39Speaker 5

That was my understanding. Can we hear from staff? I want to hear from staff.

1:18:44Speaker 17

Right. With the newest submittal, they removed that connection to Dorril, and that's where the issue of the 99 unit limit came up because they only had

1:18:51Speaker 12

the one point of access off country club now. That was done after the last Okay. Break

1:18:59 – 1:19:18Speaker 5

Thank you. Any other questions? We have a stack of folks that are wanting to speak in support. Is Mr. Northern here?

1:19:28 – 1:20:02Speaker 25

Afternoon, Commissioners. Will Northern. I submitted a printed out presentation for you that I would ask that you get in front of you as we kind of go through this and so I'm going to take a step back and kind of discuss the project at a high level kind of from a macro standpoint. But first I want to thank you for being on the Planning Commission. I served on Fort Worth's Zoning Commission for eight years and presided over 1,500 cases so I've been in your seat and appreciate your service.

1:20:04 – 1:21:00Speaker 25

I've been a licensed real estate broker for fifteen years and served on the zoning commission for eight years and so collectively that skill set whenever I began learning about Woodhaven and the fact that the golf course had been closed for five years I thought I could add value to the property and to the neighborhood. Golf ceased five years ago in 2020 during the pandemic and storm Uri broke the pipes throughout the entire golf course and the clubhouse. The insurance proceeds that could have been available to try to remediate property not make it to the property and so the state of the property when we acquired it in 2024 it was in pretty rough shape. Had not been mowed parts had not been mowed for years. That is a picture of me next to eight foot tall weeds.

1:21:00 – 1:21:14Speaker 25

The ponds are in rough shape. Going on to slide number two. So lots of overgrowth. We began mowing the property which took candidly months to tame. It was a very wet spring last year.

1:21:15 – 1:21:53Speaker 25

We're spending hundreds of thousands of dollars mowing annually simply to maintain the property and you add on taxes and insurance and code compliance it really starts to add up. So something needs to happen with this property. The third slide the clubhouse building itself has been vandalized numerous times even before we took ownership. It's been broken into almost a dozen times since we've owned it. We've worked closely with law enforcement to secure the property however all valuable copper etc.

1:21:53 – 1:22:44Speaker 25

Has been stripped from inside the building from the breakers to the HVAC. We put up glass whenever glass is broken and we really have worked to re stabilize the property from a mowing standpoint and just securing the structure and trying to make it look better. The next page highlighting a few studies that have been done by various organizations in the city. This is a 2023 conservation plan that the Fort Worth neighborhood conservation plan was done. And you'll note that Woodhaven is labeled as challenged and influx by its two orange and dark red categories there.

1:22:44 – 1:23:09Speaker 25

And there on the bottom left, that legend, you'll see that the recommendation for action to be taken for neighborhoods in that state is to first stabilize the property, which is what we've done by mowing and securing it. And the next is targeted investment. That is why we're here. We are seeking to bring targeted investment to Woodhaven which desperately needs it. Next slide.

1:23:09 – 1:24:03Speaker 25

I think it's worth addressing that the various local governments including the county and all of the taxing jurisdictions in Fort Worth Tarrant County have come together and created a TIF number 13 for Woodhaven. They are sacrificing tax revenue in hopes of promoting development in the neighborhood. You'll note the golf course land is included in that and so that is a tool that hopes to attract private investment and so the TIF is there to help subsidize the public infrastructure that would be built to try to encourage the private development community to take the risk to build anything here. Next slide. In addition, the city of Fort Worth has created a neighborhood empowerment zone for Woodhaven.

1:24:03 – 1:24:37Speaker 25

Neighborhood empowerment zone does several things to reduce the burden on the development community. There's a lot of costs doing development so NEZ is the city's way to signal to developers come here and we will waive various fees such as permitting fees. There's a tax abatement for the city component taxes to freeze those. There's impact fee waivers and a litany of other waivers trying to encourage the development community to come build here. Next slide.

1:24:41 – 1:25:32Speaker 25

As I mentioned there's a TIFF and a TIFF board. That TIFF board hired an independent third party to conduct an economic analysis of Woodhaven. They hired Interface Studios, which is an outfit that has done a handful of studies in Fort Worth in the past, including the Downtown 2030 plan and a couple others I can't think off the top of my head. So this Woodhaven conservation plan came from that and what's important to note is that this independent study assembled a task force that was mostly comprised of Woodhaven residents that live in Woodhaven. Many of them were handpicked by then Councilwoman Gina Bivens to ensure that there was equitable representation by those in the community.

1:25:32 – 1:26:22Speaker 25

They wanted a breadth of voices. And I want to highlight on this slide the quote that came from that report that the study in its analysis welcomes a mix of uses to drive quality redevelopment of the clubhouse and grounds in line with community priorities in a walkable hub straight from the report. The next slide is also contained within that report. You'll see a proposed road that runs from Randall Mill to Country Club and denotes medium density mixed use development along that road that runs not too dissimilar from ours. We have a different location of the road, but the sentiment is the same.

1:26:23 – 1:27:13Speaker 25

This firm Interface Studios has a planning background with planners, so that's where they're creating this analysis. So there's many similarities. But that new road there's a mix of green space which we also have in our plan mixed use development and housing as we have in our plan. The next slide just to reiterate we were serving on zoning commission for eight years. This is a rather creative zoning that has been applied that we worked in collaboration with the community over nine months and the zoning commission voted unanimously to approve it and then the City Council voted unanimously to approve our zoning request.

1:27:14 – 1:27:41Speaker 25

And the final slide so I like to think that this has been a very collaborative process. We've had lots of public meetings and we've made changes. We've adapted our plan. I've hired I'll say some of the best consultants around and really appreciate the team's work and city staff as well to pull this together. This is not a simple development to say the least.

1:27:41 – 1:28:28Speaker 25

We were intentional in choosing form based code for MU1 and UR. Those are flexible zoning categories but they also require a higher architectural aesthetic. They require street trees, street lights and encourage a walkable walkable environment we worked with the community also on the planning phase as you can see we removed the connection from Doral trying to be sensitive to the neighborhood. We can't make everyone happy. So I ask humbly ask that you please approve this preliminary plat so that Woodhaven and all of East Fort Worth can receive the investment that it desperately needs and deserves.

1:28:28Speaker 25

Thank you very much.

1:28:30 – 1:29:04Speaker 5

Mr. Northern, I wanna thank you for your thoroughness of the various presentations. I appreciate the effort to comply or at least get us the information so that we can be sure we're in compliance with the state statute as well as the city ordinance going forward. From my perspective, there's still one question related to the state statute that I haven't gotten a solid number yet. I suspect you have that number and that's the number of residential units in this subdivision.

1:29:04 – 1:29:33Speaker 25

So again as stated by my attorney our role in this is as the horizontal developer and we're relying upon the zoning and all of the code to give that flexibility to the final vertical developer but in creating all of our assumptions we did provide numbers within the traffic study as is required.

1:29:34 – 1:29:47Speaker 5

There's a requirement in the state law that the developer provide the number of residential units. Do So we have that number?

1:29:47Speaker 25

Yes, those numbers are in the traffic study. And so I'm gonna ask Mr. Harrell Howard to come and read those off. Thank you. Absolutely.

1:30:01 – 1:30:19Speaker 18

Yes. Excuse me while I pull this up. I'll read this off. Sorry we don't have a snippet of this. So the the study for single family detached, we were estimating 29 units.

1:30:21 – 1:30:56Speaker 18

Single family attached, we're estimating 28 units. Multifamily, this would be low rise. We were assuming two eighty nine units. And the rest of these are just recreational facility. The rest of these numbers are generated to its multi purpose recreational facility, general office building, strip retail. So there's numbers

1:30:56Speaker 5

I'm in interested in making sure that we're in compliance with the statute and the statute calls for the number of residential units. Is that

1:31:06 – 1:31:17Speaker 18

Right. It would be 29 single family detached, 28 single family attached, and then two eighty nine multifamily.

1:31:18 – 1:31:39Speaker 5

Thank you. Mr. Martin? Here in favor. John Wood.

1:31:47 – 1:32:04Speaker 26

Good afternoon. I am in favor personally, but I'm here as a resident. I'm in favor because I think it will promote the tax base. But I'm here in my capacity, as a founder of a nonprofit working in the neighborhood. And in that capacity, we do not, wanna influence any political decision making.

1:32:04 – 1:33:00Speaker 26

I just wanna to give you information about the work that we are doing in the neighborhood and take that context. Economics is working with Woodhaven's ILT charter school leadership and students as well as volunteers from Texas Christian University to run an agricultural education program, and we are seeking to obtain site control of a parcel G that was described, a piece of land that is absolutely perfect for our charitable mission. Mission. To conserve important natural resources like a scenic hillside, a freshwater pond that lie at the heart of the historic Woodhaven Golf Course. The idea to preserve some of the beauty and accessibility of this course, to host field trips with an experiential outdoor classroom, grow food for the benefit of income eligible families in that neighborhood, supplementing the food bank with fresh produce, ensuring a safe place to play on the grass and under shade that is specifically lacking in Woodhaven.

1:33:00 – 1:33:39Speaker 26

There is one park, Quanah Parker Park. It is concrete and metal. It's not safe for children in the Texas heat, so green space would be more suitable. To preserve some of the old growth tree planting orchards, designing an educational corridor like a walking path with interpretation signage, and collaborating with universities on water, soil, crop science, and public health research as we steward this land for the public benefit. And that parcel does have pre existing maintenance sheds that were used to take care of this 150 acres that are already there, so our land use would not require any new buildings.

1:33:40 – 1:34:24Speaker 26

It has frontage on Randall Mill so it would not pull any traffic through the residential portions of that neighborhood. That farming equipment or whatever we end up needing would be completely out of sight of there. We believe our programs on Parcel G would provide the youth in the neighborhood a safe place to learn and play outdoors and our mission would benefit from Platt approval because it would allow us steward, beautify and seek beneficial uses of this piece of land. So I cannot speak to other parcels or the general decision that you have in front of you but just to let you know that is our vision for Parcel G and making that a reality depends on the plat being approved. Thank you.

1:34:24 – 1:34:37Speaker 5

Thank you. Any questions? Next we have Paul Kerpo. I hope I didn't butcher your name too badly.

1:34:42 – 1:34:59Speaker 27

Good afternoon. I'm Paul Kerpo, a Fort Worth resident and a member of the Woodhaven Community Development Corporation's Board of Directors. You have on file a letter from the corporation supporting this. I'd like to add a few comments beyond that letter. Last month, you heard from five Woodhaven residents opposing this proposal.

1:34:59 – 1:35:35Speaker 27

They spoke of issues of safety and quality of life, which are relevant here. They also spoke of issues of zoning and land use, which are not. Even though Crexendo has made significant concessions regarding the relevant issues since that meeting, I suspect you'll hear from them again today. You will not hear from any residents of Woodhaven, including the owners of the other eight zero eight single family homes or any of the owners of the commercial businesses there. In your considerations, I'd like you to act in the greater good of Woodhaven and the city of Fort Worth, and not to those who are in opposition.

1:35:36 – 1:36:01Speaker 27

I'd like to mention that over the course of the last eighteen months, the developer has held nearly a dozen public meetings, each attended, except for the last, by between one hundred and two hundred residents presenting them to oppose or comment on proposals. I request that you evaluate this application on the technical merits of its integrity and its regulatory compliance and approve it. Thank you.

1:36:01Speaker 5

Thank you. Any questions? Okay. Mr. Keith Larson.

1:36:17 – 1:36:39Speaker 28

Hello and thank you. My name is Larson. I live on Oak Hollow Lane in Woodhaven. I believe that the Crescendo development as laid out in the planning application is a benefit to all members of the Woodhaven community. The MU 1 and UR zone portions have significantly improved entitled land usages compared to the prior zoning CF, with the associated benefits to the adjacent property values.

1:36:39 – 1:37:13Speaker 28

However, our focus today should be based on the blocking and facing of new plats and the positioning of compliant access roads to, to these plats. By process, all these plans are supported by civil engineering. In our specific instance, a welcome state statute brings specific additional requirements to the platting of this large and complicated piece of property near our homes. One specific requirement is related to the assessment of adverse impact to the adjacent property values from the development. Some specific platting options can induce adverse impacts when compared to other specific platting options.

1:37:13 – 1:37:48Speaker 28

However, the assessment of an adverse impact should be against a specific alternative platting option, not against a a different version of the land usage or denial altogether of that entitled usage by right. If the state statute was intended to restrict or deny land usage, usage, it would have been directed at the zoning process, not the plotting process. Homeowners understandably raised concerns, in the in the prior review about a connection of the cul de sac on Doral. Now a modified plotting application addresses that connectivity concern. This review and feedback process is working.

1:37:48 – 1:38:28Speaker 28

Thank you for conducting it. However, access to land is fundamental to its usage and should not, in general, be assessed as posing an adverse impact to adjacent properties. The roadway positions shown in this application deliberately leverage the setbacks and line of sight aesthetics driven from the form based and considerably applied UR and MU1 zoning. Moving roadway positions away from this plan would reorient the facing of Platts in the M 1 MU one area to orient the least aesthetic faces towards the adjacent homes. Directing views to parking lots, dumpsters, utility connections, and loading docks would create an adverse impact, not remediate one.

1:38:28 – 1:39:11Speaker 28

Discussions of denying connectivity to Randall Mill Road are out of line with the city guidelines for neighborhoods in general and many elements of the East Side transportation plan in specific. Active communities require connectivity. Woodhaven residents will benefit from the improved connectivity to Quanta Parker Park and the Trinity Trail on the other side of Randall Mill Road. I asked the commissioners to move forward with p p two five zero nineteen as expeditiously as possible with a focus on planting alternatives. Please resist any request to use the state statute on planting as a mechanism to unfairly deny or delay land usage rights and hold back the much needed redevelopment of this property in Woodhaven. Thank you for your time.

1:39:11 – 1:39:26Speaker 5

Thank you. Anyone have questions? Mister Phil Dorcas?

1:39:25 – 1:39:39Speaker 22

My name is Phil Dorcas. My wife and I live at 900 Country Club Lane. We lived there seventeen years. It's across the street from the X Tennis Court to the country Club. Fairway Number 10 is our backyard.

1:39:40 – 1:40:23Speaker 22

We're in the western portion of the plat proposal, and we are in favor of your approving this plat application. I'm here to provide additional information development. We've attended many city neighborhood meetings organized by the city, Jeff thirteen, our city council rep, Woodhaven Neighborhood Neighborhood Association in Crescendo Development. One of those meetings, about a year ago, we met Will Northern of Crescendo Development. I was bold enough to tell him face to face that I do not like developers who would buy a wooded area and remove all the trees, leaving it bare.

1:40:23 – 1:41:00Speaker 22

We've seen that all too often. Will Northern told us of a wooded property that he recently cleared near Random Mill and Bridgewood in Woodhaven. It was dense with trees and also had homeless people living in it. He said the Crescendo development cleared the area but did not cut down any tree with a trunk diameter of two inches or more. Now, that's a tree policy that would be the envy of any arborist or nature lover.

1:41:01 – 1:41:28Speaker 22

It was hard to believe, so we went to look for ourselves. Indeed, the area was cleared of underbrush and trash, but the trees remained, even down to those two inches in diameter. Will Northern was true to his word. But what happened to the homeless population living in those woods? Did Crescendo Development just drive them out?

1:41:29 – 1:41:54Speaker 22

No. Crescendo Development provided all the homeless people with the resources they need to help them in their their challenging plight to improve their lives. Will Northern did not seek credit for these actions. It is what we found out for ourselves. No news media were contacted and is not not posted on their website.

1:41:56 – 1:42:16Speaker 22

I support the plant application from Crexendo Development, and I am proud to know a developer with that kind of character. Thank you, Will Northern, and Christian Development. Thank you, City Plan Commission, for listening.

1:42:16Speaker 5

Thank you. Doctor Patel?

1:42:30Speaker 29

Afternoon, commissioners and city staff. My name is doctor Sunil Patel. I'm a resident at Woodhaven Country Club. Get a

1:42:37Speaker 5

little closer to the microphone, please.

1:42:39 – 1:43:09Speaker 29

I'm a resident at the Country Club or formerly the Country Club now, property owned by Will Norton and Crescendo Development. I am in favor of this development altogether. The reason for that is because if there is development in our area, it will enhance the property and it will also enhance our area rather than just having weeds grow all over the development. So please go ahead and approve it at your earliest convenience. Thank you.

1:43:09Speaker 5

Thank you. Beth Dorcas.

1:43:23 – 1:43:47Speaker 30

My name is Beth Dorcas. Thank you. Thank you for all the considerations and all the studies and everything that you do for us. I'm Phil's wife. We live at 900 Country Club Lane. We live in the house furthest north on Country Club at the little traffic circle. If you've been there, we are the last house before the entrance to the Spur Canyon Apartments that used to be called

1:43:48 – 1:44:06Speaker 30

Heights. Road A is right behind us. It will be right behind us going through the green. And we think it's a good idea. We are in full support of of PP twenty five point zero one nine.

1:44:08 – 1:44:48Speaker 30

I appreciate the work of Dunaway in the creation of the plat for Woodhaven and especially the updated plat. I do understand the concerns that the Doral people had Doral Street people had. That has been mitigated in that the two cul de sacs are separate from each other. Just for your own information, if you haven't seen, there's an extremely short but steep hill between those two would have been cul de sacs. The topography, if you haven't been on a golf cart and run around the Woodhaven Country Club, the topography is extremely challenging lots of hills and valleys, lots of greenery, which we like very much.

1:44:53 – 1:45:24Speaker 30

I really feel like when we attended, as my husband said, we've attended all of the meetings from the very beginning. If we were aware of a meeting, we went to it. And we appreciate very, very much that Woodhaven neighborhood rescued. And I'm very interested in it being rescued while the TIF 13 money is still still will come to us. I don't know what the deadlines are, the rules are, but it would be very important for this plat to to pass, for the TIF 13 funds to be applied.

1:45:26 – 1:45:48Speaker 30

Before all of this started developing and we had meetings and everything, we were a very sleepy neighborhood. The golf course had closed. We were surrounded by weeds. And it felt like we were going downhill. That was my own personal feeling.

1:45:49 – 1:46:24Speaker 30

As far as the traffic, we are on Country Club Lane at the Trafford Saint Clair, as I told you. And the public alley passes within a few feet of our house on the North and goes down right behind our house in the back. And then the next thing over is the tenth green. So we already have every single vehicle that ever comes and goes out of the Heights apartment now, Spur Canyon Apartments, passes our house. We have the roar of the city from one side, and we have the trains on the other side.

1:46:24 – 1:47:07Speaker 30

I can hear when the dumpster goes through the Spur Canyon Apartments when we're outside the house. Inside the house, we don't. But you know what? I I like living in a city, and I like that Fort Worth is alive, and I like that there are people and that people are coming and going and doing things. We have visited cities and parts of cities where that got left behind, and it was terribly sad. And I'm just very pleased to live here. I thank you for your work and totally support this plat and go forward. Thank you.

1:47:08Speaker 5

Thank you, Mr. Orkus. Justin Jackson.

1:47:24 – 1:47:56Speaker 31

Evening. I'm Justin Jackson. Live at 5601 Oakmont Lane. I'm against this plat proposal. Even hearing the market analysis, we're not Bryan, Texas. We're Fort Worth. They stated about the commercial and residential. I live on the Oakmont Lane water. They're about putting multi level apartments, two level apartments behind in my, in essence, in my backyard. So, I don't see nowhere where that would increase my property value at all. That cannot have an adverse effect.

1:47:57 – 1:48:12Speaker 31

own Marx analysis didn't speak to that because there's none out there. Once again, this is Fort Worth, not Brian. But anybody seeing apartments in your backyard that you know that would affect your property value adversely. Please don't approve the plat. Thank you.

1:48:13Speaker 5

Thank you, mister Jackson. Mister Kelly, Trafton Kelly.

1:48:31 – 1:49:12Speaker 33

Thank you. My name is Trafden Kelly. I live at, 5817 Oakmont Lane. My backyard is, adjacent to the Ninth Fairway, and there's nice homes all around the Ninth Fairway. And I just, there's so many places to build homes, and and I'm against building homes on that fairway. And and I don't see how in the world it could appreciate the value of my house. And it there's gonna be more traffic, and there's a lot of issues over there that need to be addressed. But, for that reason, I'm against it. Thank you, sir.

1:49:13Speaker 5

Erica Graham?

1:49:26 – 1:49:55Speaker 34

Good afternoon commissioners. Thank you for drafted a very upbeat, very positive letter. But after hearing all of this today, I think what I'd like to do is come back to what we believe as neighbors has not been fair notice. So with that, I will begin. My name again is Erica Graham.

1:49:55 – 1:50:13Speaker 34

I'm a homeowner in the Woodhaven neighborhood at 512 Oakmont Lane North. And I'm here today on behalf of my many neighbors who share a single goal. That is that we welcome progress. We do. We insist that progress be lawful, transparent, and protective of the community that we call home.

1:50:14 – 1:50:47Speaker 34

We are not opposed to development. We want to work with the developer. But when the developer has said that he has collaborated, he has collaborated with those people who live in the A21 zoning and those people who do not oppose him. He has not had conversations with those of us that are facing MU1 or UR that have been productive in any way. The Texas Local Government Code 212.0155 I think we're all getting tired of hearing about that was written precisely for situations like this one, obviously.

1:50:48 – 1:51:21Speaker 34

It gives residents and the decision makers you the gift of time and the right to complete and accurate information before a golf course property can be replatted. The law requires that a complete preliminary plat application be submitted and made publicly available at least fifteen days before any hearing. In this case, that task is impossible. The applicant was still submitting documentation regarding the Platte Lot changes and the market impact study as late as last week. Mr.

1:51:21 – 1:51:45Speaker 34

McCracken may argue that fair notice occurred because the city sent out notice of the meeting. We, as neighbors of Woodhaven, disagree. Why? Well, commissioners, we'd like you to imagine being arrested but not told what the charges are. The prosecutor has months to prepare, yet you're only given sixteen hours before the trial to see the case against you and begin your defense.

1:51:46 – 1:52:18Speaker 34

The judge states that you had fair notice since they told you the trial date fifteen days ago. You think that's fair notice? Law states that the municipality may provide notice of the initial hearing required by subsection D only after the requirements of subsection M and N are met. We've gone through subsections N, that is the lot size, the number of lots, the number of residential units, etcetera. The statute requires both notice and access.

1:52:18 – 1:52:42Speaker 34

Mr. McCracken has already explained to you that access was not provided through the Open Records Act. It was provided yesterday morning. Mr. McCracken's office told me, a representative from their office told me that no one from the city attorney would speak to me because I had threatened them with litigation and engaged attorney representation.

1:52:42 – 1:53:17Speaker 34

None of that was true, although that has come from applicant in the past. And I wrote a letter, which I believe you all have seen the email, that said that regardless, although that is not true, I have certainly not threatened any of those or retained legal counsel. Even if I had, I still have rights as a homeowner under the Open Records Act. Amazingly, last night, all of those files were reinstated. However, they were still missing the new plat map and the market analysis.

1:53:18 – 1:53:56Speaker 34

So I was able to garner from other city sources two of the many documents that you saw today. I put that into our report. But I have been given less than twenty four hours to rebut something that the applicant has had six months to put together. And none of my neighbors, none of them here, none of them that I am in contact with have an opportunity to see any of this because the city has not replied to the Open Records Act within the ten day statutory limit. Limit.

1:53:57 – 1:54:42Speaker 34

In In fact, they still haven't complied. So we've covered the city responsibility and despite the Open Records request being in August, we still have not seen, as I have said before, the entire Platt application or the corresponding reports. So yesterday, again, our neighborhood submitted a detailed rebuttal report documenting the deficiencies on the traffic study and on the market analysis. Those are the only two reports that I was able to receive, and I received those outside of the Open Records portal. So I hope that each one of you has had time to review it.

1:54:42 – 1:55:34Speaker 34

I know it went in last minute because it provides the statutory framework and the factual record showing why this application cannot lawfully move forward today. Unlike the applicant, again, who has had seven minutes today per section to address the study by using different experts, we're provided only seven minutes to address all of the Platt application reports, including those that we received less than twenty four hours ago. So beyond these procedural violations, we are equally concerned about the economic impact that will occur on our existing homeowners. Independent research and even the applicant's own limited data show that the homes bordering golf courses typically carry a price premium. We've all paid a price premium.

1:55:34 – 1:56:19Speaker 34

I paid a price premium two years ago. Since Woodhaven Course closed, appreciation in our neighborhood has already slowed. And by introducing high density mixed use development without strong buffers, drainage planning or careful screening, none of which we have seen, that threatens and erodes our property values even more. The developers required market impact analysis and I will just say that I have a Master's in Economics, did PhD work in finance and real estate so I am well qualified to speak to this. Rather than forecasting how the proposed plat and its dense mix of residential office and retail uses will affect surrounding home values, it just looks backwards.

1:56:19 – 1:56:48Speaker 34

It looks at sales data from when the golf course closed. It uses non comparable neighborhoods with lower price points. It excludes key qualitative factors such as traffic, noise, and view changes. And it withholds the raw data needed so that there is no way to independently verify their results. Most concerning of all though, the analysis was prepared by a real estate agent, not a state certified appraiser.

1:56:48 – 1:57:27Speaker 34

And it does not follow the forward looking appraisal methodology that the Texas law and the standard professional practices require. Even its limited model shows a measurable slowdown in the appreciation for adjacent homes, yet it incorrectly identifies and dismisses that slowdown as being immaterial. Without a qualified forward looking analysis, the commission cannot credibly determine that the surrounding property values will be protected as the statute demands. Our request today is straightforward and constructive. We ask you to deny this application.

1:57:27 – 1:58:28Speaker 34

Not to block redevelopment forever, not at all, but to require the lawful process that the Texas legislature envisioned by insisting on complete and compliant application and by restarting the notice period to give residents, those impacted the most, the full fifteen days of public access guaranteed by law, you will create the clarity and certainty that both the public and the developer need to craft a plan that truly benefits everyone. Commissioners, this is not just about Woodhaven. Your decision today will set a precedent for how Fort Worth handles every future replat of sensitive land. By upholding the requirements of 212.0155, you affirm the principle that development in our city must be built on fairness, transparency, and respect for the people who live here. The public deserves nothing less, and this commission should accept nothing less.

1:58:28Speaker 34

I thank you for your time.

1:58:30 – 1:58:41Speaker 5

Thank you. Krista Daniels?

1:58:57 – 1:59:21Speaker 32

Alright. In all that getting, let's get an understanding. My name is Christa Daniels. I reside at 812 Oakmont Lane North. Both my husband and I, which I am a widow now, purchased our home May 1998.

1:59:23 – 1:59:57Speaker 32

And when we purchased our home, we purchased our home because my husband was a golfer. I'm the tennis player. My husband passed away December 2631. I'm not from here, and I have no family here, but I loved my home. And when we purchased our home, we purchased our home because we had the intent to stay together for the rest of our lives.

1:59:57 – 2:00:39Speaker 32

That's why we purchased the home in Woodhaven. Beautiful place. No one mentioned how it looked when I purchased my home. It was very beautiful trees, the golf course. It was just simply, simply beautiful. A lot of things that have been said here today, I sat there baffled because, once again, in all that getting, please get an understanding. And I want you I wanna trust that you're telling me the truth. So I was one of the ones that was chosen to be on the advisory board. I was. I met mister Northern.

2:00:40 – 2:01:15Speaker 32

So I I stood in one of the meetings. As a matter of fact, I think it was the very first. And I asked him, what are your plans? He had nothing. No plans at that time. That's what was said. He said, we would hear from you all, and we will get back with you all. We will come together. We will collaborate. We will do what we need to do to see the betterment of Woodhaven. What are your thoughts? Well, you were talking about, number one, revitalization. I don't have a problem with that. Yes. Do we need it?

2:01:15 – 2:01:36Speaker 32

Yes. Now, when I purchased my home, I didn't expect for nobody to come and mow my lawn. I didn't expect for anyone to come and do the necessary upkeeps. I bought that, my husband and I. So it was our responsibility.

2:01:37 – 2:02:07Speaker 32

So when I asked the question, if you do not do anything else, at least keep the lawn mowed in the back. But I hear him say today, it costs this, this, this, and this. Well, I purchased my home, and I knew what it cost. So when my husband passed, since the lawn was not being mowed, I went out and I bought a Toro lawnmower. Not knowing what I was doing, but I wanted it to look nice.

2:02:07 – 2:02:31Speaker 32

So I asked him. But I hear him stand and say, it would cost this, it will do this, but you purchased that. So that was your responsibility to keep. So I just started mowing, and then I started noticing other neighbors around me doing the same thing until he was right. Yes.

2:02:31 – 2:03:12Speaker 32

It was you had rodents and all. Do what you need to do until you come back and tell us your plan. I wouldn't buy anything, and that's bible. I wouldn't buy anything, especially spending all that money and you don't have a plan and you never shared it with us? And every time we met up, we were always asking questions but never got answers and we had policing come and taking the mics from us.

2:03:12 – 2:03:38Speaker 32

And they said, no. Answer her question. All we wanted was for you to just tell us what you were going to do. That's it. I sit out on my lanai, and I look out, and I see the beautiful homes across from me. I live on the Ninth Fairway. Beautiful homes. I see the families. I see the little children laughing playing, hearing them. That's what I like.

2:03:39 – 2:04:14Speaker 32

But if you're telling me now that you're gonna block that with all of these homes, and we kept asking, and I thank you, sir. You kept saying, how many? How you don't know how many times we have asked that question and we haven't gotten an answer. Thank you for asking it. So now, we have an answer as to how many homes they planning on building. Well, why didn't we get that information? All of the information that all of them are putting out today, we begged for that information. Once again, I was on the advisory board. Woah. Nothing.

2:04:15 – 2:04:46Speaker 32

So I just stepped back. So the last meeting we had, I stood up. I stood up because I was upset with mister Northern because that gentleman back there, he raised the question. He said, if you build these homes in five years, we just want to know what kind of homes you're going to build because then Section eight is going to come in. And mister Northern laughed.

2:04:48 – 2:05:13Speaker 32

That scratched the very core of my being. And I stood up and I said, mister Northern, with all due respect, I don't think anything is funny because you don't live here. You live over on Elizabeth. Beautiful home. All of you all that's making decisions for Woodhaven, you don't live here.

2:05:13 – 2:05:37Speaker 32

So let's come together, and let's reason, let's sit down, and let's do what we need to do to make Woodhaven better. We were told that they just redid Meadowbrook's golf course. I didn't move on Meadowbrook's side. I moved to Woodhaven. So my thing is, what can we do?

2:05:37 – 2:06:18Speaker 32

Now right now, I'm I'm I'm totally against it. I'm totally against it now. But the only thing that I want us to do, we can come across the aisle and we can talk, but just don't put people up here for it because you have a vested interest in it. Me? I just wanna live peacefully. I wanna hear children laughing. I wanna see a park. This is what I want to see. I want to see grandparents just slowly walking like I see now. Just keep it.

2:06:18 – 2:06:42Speaker 32

Just keep it, and then let's do what we need to do. Now, if if you want to do something because I I even ask him, who are your investors? Because every time we ask him, he never gave us any information about it. But if you don't know what you're going to do, let's talk to the investors then. Bring somebody in here to ask answer these questions if you don't know.

2:06:42 – 2:07:09Speaker 32

So now, there's an array of people now. I wish we had had that then. Then I don't think we would have been here today. And then this zoning, the one that approved the zoning, she's no longer in the seat. We don't even know what happened because I was not privy.

2:07:09 – 2:07:39Speaker 32

We were not privy to the information. We were not. And if the truth be known, just let all I'm asking is just let us all let's just be truthful about this Because I know you made a purchase and I know you're to want a return on your purchase. And I know probably a golf course won't get it for you, maybe a little park won't get it for you, but this is what you purchased. So, let's sit down.

2:07:40 – 2:08:03Speaker 32

Don't build just a laundromat and say, oh, we got you a business and then you have all of these houses, shared driveways. Come on now. Too intelligent for that. So let's see what we can do. So I ask you, I don't know where any of you live.

2:08:04 – 2:08:38Speaker 32

Would you want that in your neighborhood? And in closing, my parents, they told me, Krista, if you want the house with the white picket fence, you know what you have to do to get it. And I worked my behind off me and my husband, and I love my home. As a matter of fact, I do upkeep on my home. I get up on my house and blow leaves out of my gutters.

2:08:39 – 2:09:07Speaker 32

I mow my own lawn past by 812 Oakmont, and you'll see, as a matter of fact, I have a group. I came in late because I have a group that's redoing my patio. But now one one person said, and I don't I don't knock her, but at the last meeting, she told us that her house is at the last last house. She said she had weeds growing everywhere. She don't care.

2:09:08 – 2:09:48Speaker 32

But I care because I don't wanna live next door to no one like that. Then she gets up and she says, you know, I said, Lord, what's going on here? So I hope and I pray that if you just close your eyes and think, where would you want to live? Would you want that in your neighborhood? Would you? No. We're trying to make Fort Worth better. We're trying to make Fort Worth better. Straight from the heart. Thank you.

2:09:48 – 2:10:24Speaker 5

Thank you. I don't have any more speaker cards. Mister Northern. Okay. Here's here's the deal. We're not going through a whole list of people. We're gonna hear from one person. If you're the one mister Dorthern has appointed, that's fine with me. You got three minutes.

2:10:24Speaker 20

I think I can make this fairly quick.

2:10:26 – 2:11:08Speaker 20

you. I wanna thank everybody for coming out. I think that's what this process is for. It's for people to to come out and and express either their their their whether they are in favor, whether they impose, or whether they are opposed, whether, you know, whatever it may be. We appreciate those in favor coming out. You know, we appreciate those, you know, who are not in favor coming out as well. I guess that just for our purposes gets to inform y'all of what's going on in the neighborhood. I would like to reiterate that mister Northern has he's held multiple multiple multiple community meetings. These documents, they they did get out. I don't know how they got out, but they did get out.

2:11:08 – 2:11:42Speaker 20

But that's okay. That that does not concern us that they were released from the city. That that does add to transparency. There is no obligation. There is no legal obligation for us to release those out to the public. Our obligation is to submit those to the city as part of the Plaid application. And then once that Plaid application is deemed complete by the city, then the city then takes over the process. Right? So the city then deemed it complete. And then so here we are.

2:11:42 – 2:12:04Speaker 20

Right? They send out the notices the way that they were supposed to send out the notices. The notices are intended to give the public notice of this hearing so that way they can come to this hearing and they can express their opinions. And this is why we're here today. But I I don't know of any legal obligation to for the developer at least to to to send these documents out any to anybody other than the city of Fort Worth.

2:12:04 – 2:12:23Speaker 5

Thank you. Thank you. Okay. Questions from the commissioners of the applicant or anyone else that spoke?

2:12:23 – 2:12:50Speaker 6

I have a question. I've heard both sides, and I'm troubled because was these residents given the from the city, everything that we're supposed to do and obligated to do? Was they given a fair amount of time and notice?

2:12:53Speaker 5

That's to the city staff?

2:12:57 – 2:13:16Speaker 5

Okay. I'm gonna hold that till after we close the public hearing and then we can have that discussion separately. Right now, there are any questions of the applicant, his team, or the opposition, I'd like to hear those now because I'm getting ready to close the public hearing.

2:13:17 – 2:13:28Speaker 6

Did y'all communicate with everybody in the community regarding what y'all was going to do in a fair way?

2:13:34 – 2:13:59Speaker 25

Yes. Yes, we did. We held multiple public hearings where we invited anyone and everyone to attend that would give us their contact information. The city has its own notification process as well for these meetings. We have PowerPoint slides that I review with people.

2:14:00 – 2:14:34Speaker 25

I take field questions from the audience during the meetings that I held. As you heard, there were over a dozen, maybe 20 some odd meetings during this entire process where we incorporated feedback into our plan. I would stay after the meetings and talk with people one on one. We would follow-up with people that emailed us directly. Anyone that has called me I've spoken to I have talked to. Everyone that will have a conversation with me. They may not like what I have to say but yes.

2:14:36Speaker 34

May I respond to that?

2:14:40 – 2:15:14Speaker 34

Yes, Mr. Northern has been very good about holding public meetings that we do not dispute and most of them have been informational. As we get closer and closer to the plat date, mister Northern has chosen to exclude some of us from those communications through email. And his excuse again has been that he claims threatened litigation. This has been a falsehood that has been used to exclude those who oppose from having information.

2:15:14 – 2:15:31Speaker 34

So, yes, he's held informative meetings. Yes, he has engaged and collaborated with some Woodhaven residents, but not with the residents that are mostly negatively impacted by this plat proposal. Thank you.

2:15:31Speaker 5

Thank you. Mr. Carreon.

2:15:33 – 2:16:01Speaker 6

I'm not ready. Go ahead. I got one. So, Aldi told us to mark out K, number four and n. Is this a question for the city or is a question for them? Have all the needs been met? I'm sorry.

2:16:02Speaker 5

Are you talking about the statute, whether that's what we're gonna talk about after we close the public hearing. Mr. Johnson.

2:16:12 – 2:16:33Speaker 15

Yes, so Ms. Graham, I had a quick question for You mentioned that developer has communicated to some of your neighbors, but not all of them. Is there information that you currently have or don't have that you would like to be provided?

2:16:35 – 2:17:09Speaker 34

I would like access to the full application, the corresponding reports, everything that I requested in the open portal or the open records portal on August 20 that the city did not respond to until last night. And for the record, again, we are still missing the documents that were submitted last week through the open portal. So the revised plat map and the economic analysis was not in the portal as Mr. McCracken earlier said it was.

2:17:09Speaker 15

So you're missing those two studies?

2:17:12 – 2:17:25Speaker 34

I'm missing those two studies. I have not had an opportunity since it was less than twenty four hours ago to determine whether the application documents that I received are complete.

2:17:27Speaker 5

Sir. Mr. Carreon.

2:17:28Speaker 14

I guess while you're there, two questions. Number one was of the 20 ish meetings either respond how many people do we think we actually spoke to?

2:17:38 – 2:18:03Speaker 34

Well, of course, many of these meetings had repeat customers. The interesting thing is there was much feedback last time from Doral residents. What I received from Mr. Northern was the statement that he did not have contact information for those people, so that's why they didn't know about it. However, these are people that I met at those meetings that were invited by, crescendo. So I'll let you draw your own conclusions.

2:18:04Speaker 14

Do you have a number by chance, an estimate?

2:18:06 – 2:18:24Speaker 25

So the first meeting we held had about two seventy five people and that was in the very beginning of a year ago and then it usually fluctuates between 30 to 75 people give or take.

2:18:28Speaker 16

Yeah, yeah, great.

2:18:29 – 2:18:53Speaker 14

you. My other question, since you're there's like this picture right here, this one right here with all the possibilities, it seems like some of the residents' concerns is about investment or, and I guess I want to know like how much of this is a vision that's like 10% real? Or how much of it's like can you give me a scale of how close are you to doing something like this for the residents?

2:18:53 – 2:20:07Speaker 25

So that is a graphic that was prepared by Interface Studios that was hired by the TIF. When we were going through the zoning process we did prepare a concept plan to just help people visualize the scale and scope scope of what could be built within the zoning categories. It was very clearly marked a conceptual plan, disclosed this could be one of a thousand iterations, but just to try to convey visually what could happen and continually worked to educate the neighborhood that my role in this is as a horizontal developer to take the land through the entitlement process and working collaboratively with the wants and desires of the neighborhood and incorporating that into something that isn't going to make everybody happy but complies with all of the city and state statutes, etc. So we actively have all of this land listed for sale right now that we're talking with prospective vertical developers that would build.

2:20:07Speaker 5

So you answered your question, Mr. Curryon.

2:20:09Speaker 14

It sounds like 10%. Conceptual. All good. I just was just making sure.

2:20:16Speaker 5

Thank you. Mr. Henderson.

2:20:19Speaker 9

Okay, so I just wanna understand on what M and M require. I'm gonna ask this a staff later too, but for Ms. Graham, have you seen the landscape

2:20:29Speaker 5

screening No, we're gonna do that. I'm sorry. What's

2:20:33Speaker 17

script screen?

2:20:33Speaker 9

Yes, it's script screen. Have you seen the landscaping screening plan that's required? No. On there.

2:20:39Speaker 34

I received it last night, but I have not had an opportunity to review it.

2:20:43Speaker 9

No. That was one of items you said you received last night. Okay, thank you.

2:20:46 – 2:20:58Speaker 14

I guess another question for Mr. Graham as well is what are you ideally looking to see from if you did get this all the things you wanted a week ago, what you have 24? What are you looking for and trying to figure out?

2:20:58 – 2:21:13Speaker 34

What should have been available to me on August 5, which was fifteen days prior to the August 20 meeting, What I want is what the Texas statute says that I as a homeowner that is within 200 feet abutting the golf course have a right to and that is defined in Section N.

2:21:19Speaker 5

Any other questions for the applicant or for anyone else before I close the public hearing?

2:21:26 – 2:21:46Speaker 14

I guess there's one quick, I don't know if this is for us or for them, but there was numbers thrown out at the beginning of this around like 90 was the number of potential residential that wasn't single family and then there was 30 was the number for single family. But then I'm just making sure that doesn't either

2:21:47Speaker 5

That's in our discussion.

2:21:48Speaker 14

It's in our discussion? Okay.

2:21:51 – 2:22:10Speaker 5

I promise. Okay, I'm gonna close the public hearing and entertain discussion or emotion. Do you wanna ask a question about the ninety, ninety nine, 30?

2:22:10Speaker 14

Yeah, does anyone have more context?

2:22:12 – 2:23:04Speaker 5

Different numbers than are in the transportation study, but there are lower numbers than are in the transportation study. So as I understand it, and someone staff correct me if I'm wrong, but the 99 to 30, those smaller numbers are based upon access requirements that are set out in billion fire codes. So they're maxed out at those numbers according to the code. The transportation study used a much larger number for the traffic study. And because that's what was entered into the record here, Rich, and correct me if I'm wrong, what statutorily, that's what they could do.

2:23:04 – 2:23:19Speaker 5

But they still have to meet the city requirements for access. I screwed that up, didn't I? So, we're probably looking at the 99 and the 30 number.

2:23:19 – 2:23:46Speaker 13

So the ninety nine and thirty is limits you have when you only have one point of access to a site. There's additional subdivision ordinance limits on that. While their numbers in their traffic study may be looking at all these areas, I think it was one area we were looking at where they'd be capped because of the one point of access.

2:23:47 – 2:24:02Speaker 23

So the traffic study says two eighty nine multifamily. My understanding is there could still be two eighty nine multifamily overall, but in certain areas where there's only one point in those areas, it has limited to 99. Is that right?

2:24:02Speaker 13

That would be correct. Thanks.

2:24:07Speaker 14

And then the single family one had twenty nine and twenty eight, I guess that's okay. He had 129.

2:24:13 – 2:24:26Speaker 5

But I think that's the same answer because that's only based upon the areas with a single point of access. If there were another area that had two points of access, it could be the number that's in the traffic study. Alex, did you want to

2:24:26 – 2:25:00Speaker 7

add something? So the areas that are zoned mixed use can have a variety of land use typologies. Just like the UR area can have a variety of land use typologies. So depending on how they like to distribute whatever they've mentioned in their traffic study is where it'll end up. We don't know because once again, they haven't provided an actual plan that shows exactly where everything's going. But in general, they say that the development is gonna generate they're gonna have that number of units based on what they see as viable for this area.

2:25:01 – 2:25:22Speaker 5

Thank you. So I have a question, Rich. And going back to trying to make sure that we have complied with the statutory requirements in state law regarding the numbers that are set out in the traffic study.

2:25:22 – 2:25:39Speaker 1

Study, we have entered those into the record here today as being the number of residential units, and that would be a maximum number of residential units that can be added to this development. Is that accurate? Set

2:25:43 – 2:25:59Speaker 13

I think that is correct. Those are the numbers they gave you in their study. So that's where we're at today. They've provided you their residential unit numbers, and they've provided you a plot showing how they intend to develop the property.

2:26:01 – 2:26:16Speaker 5

I guess my question is, are those maximum numbers in stone? If they came up with a larger number, do they have to come back?

2:26:16 – 2:26:57Speaker 13

Right. If they're gonna produce a new plat to you changing something, that's gonna be an issue. Unfortunately, your statute you're dealing with has a lot of questions, as y'all have discovered over the last two days of public hearing. So it's hard to give you a definitive answer on something where the legislature hasn't told us how to handle everything. We know they've provided a number of residential units. We know they've provided us with a plat. And that's where we're at. Now, if they're revising the plat to do something different, that could potentially trigger us to have to revisit this if they're wanting to go above the number of units they provided.

2:26:58 – 2:27:25Speaker 5

I can tell you that that my decision is going to be based in part on that number. So if that number changes and goes up, if it goes down, I don't think anybody cares. But if that number changes and goes up, my belief is that that should come back to the commission for another hearing.

2:27:25Speaker 12

I comment. Have Yes, sir. I don't know that okay. So I've read through the statute over and over again. Right?

2:27:33 – 2:28:12Speaker 12

When you look at section n, the only reference back to section n is back up in a subletter f where it says the municipality may provide notice of the initial hearing as required by d only after m and n are met. The municipality, I assume, is not us because we didn't provide notice of the hearing that was done by Fort Worth, correct? And then when they provided notice of the initial hearing, they determined that M and N were met at that point. Staff.

2:28:14 – 2:28:30Speaker 12

so Section N deals with fair notice, but I'm not even sure that that's within our purview. I don't even know that we take that into consideration because that determination was already met when they gave the notice of the initial hearing. That was determined by somebody else, not this body.

2:28:30Speaker 5

I would agree with that, but I'm not an attorney. Well, I'm not a

2:28:34 – 2:28:48Speaker 12

good one, so I guess it doesn't matter. But when I read through the statute, don't even think that we necessarily have to consider subsection n, which deals with all of what we're talking about right now. I think that we have to look at section k.

2:28:49 – 2:29:09Speaker 5

I think you're correct, but I think subsection N is a requirement of the law that they have to provide that as part of their submittal for a public hearing. And when they provide that, it needs to be accurate. And we can certainly consider that information in

2:29:09 – 2:29:43Speaker 12

making a decision on whether to approve the plat or not. That was my only point is I just wanna be sure we have all the information we're supposed to have and then we consider that information. I guess my question really was am I seeing that correctly? Because I don't see any reference to section N other than the one that talks about the initial meeting, and that's the municipality that made that determination before, and that didn't have anything to do with us.

2:29:45Speaker 13

That's correct, Commissioner Lambert.

2:29:52 – 2:30:06Speaker 23

Along those lines, can I ask on what date the single family value analysis was provided to the city? Because I know that was a newer item. Sorry, So had

2:30:06 – 2:30:32Speaker 13

there's two analysis, right? You've got your initial one that was before the date of the initial public hearing. Yep. And then based on, I'm gonna presume, based on the feedback that the applicant heard at the last meeting about wanting more information on that item to help you make a determination, they provided an additional study. I'll have to defer to staff to give you exact dates.

2:30:32 – 2:30:55Speaker 23

Okay. And the reason I'm asking is, to your point, and also to yours, because I think it matters that that part was done correctly, is that is part of N. So that if I'm under interpreting this correctly, that would have had to have been provided to the city prior to notice of this meeting in order for that M and N to have been met?

2:30:56 – 2:31:32Speaker 13

So it's a little difficult. They provided the initial study. Staff determined it was submitted timely for the initial public hearing we held on August 20. There has been an additional study provided. The statute doesn't really tell us what happens when additional information is asked for or provided between the date of the initial public hearing and any other public hearings. Because you certainly have the right continue to ask for more information. The notice provision only talks about the initial public hearing. It doesn't talk about any notice for any subsequent hearings.

2:31:32 – 2:31:52Speaker 23

Right. I understand. But I think the reason we continued is because we determined determined at the last meeting that the application did not appear to be complete, which means that at that time we thought that n was not met. Does that re trigger an analysis of completeness? Completeness?

2:31:52 – 2:32:20Speaker 5

I would add that K is not met. Because under K, it requires the developer to come in and requires us to find as fact that the development of the golf course will not have a material adverse effect on existing single family property values. We can't do that without some kind of a study or some kind of an analysis. And we didn't have that.

2:32:20 – 2:32:52Speaker 13

So I wanna take you back to the first hearing. So it's something I told you at the beginning of that, which has been a while. They have certain things they have to file with us as part of the application. And you can consider that information and review it and should look at it. In addition to that information, the plan commission should consider all testimony and additional documents presented during the public hearings in order to make those findings under Kay.

2:32:53 – 2:33:36Speaker 13

So I don't wanna limit you to just the documents they're supposed to file. You can consider everything that you've heard in the hearings. Again, I'll just go back and reiterate. Staff looked at the initial application before the August 20 hearing and determined it was complete. They had provided each of the items. We're not saying it's a 100% the best documents ever in the world. Staff is just saying you provided us documents show that meet each of these elements. It's up to the plan commission to review those documents and all other testimony and give whatever weight you wanna give to each thing that you're reviewing. That's for you to decide. I think we talked about that a little bit last time.

2:33:37 – 2:34:02Speaker 13

But the statute does not does not require additional notice other than the initial public hearing. That's what it talks about, the initial public hearing. And so we had additional information submitted, plus you asked staff to give you some additional information that's not on that list that they were required to provide. And so that's where we're at today.

2:34:03Speaker 5

Mr. Henderson.

2:34:04 – 2:34:37Speaker 9

Okay, so I think what I'm struggling with this on is there's other state law that says what we have to do for notice on public hearings. Oh, I'm sorry. I turned to Rich to say this. So since there's other state law that says what we have to do in general public hearings and notice, and this is referencing fair notice in this case must constitute this and that, are we at risk for not being in compliance with law because we're not looking at what fair notice is defined especially for these cases in conjunction with other public openings that requires?

2:34:38 – 2:35:11Speaker 13

Right, so you've got different laws and what we talked about earlier today is I can't hold a public hearing for you to review the application requirements to make a determination that they met that. We have to rely on the staff because those two Open Meetings Act and this statute do not mesh well together as far as what happens. So the staff, being the municipality, has to make the determination that the application requirements were met and then send out the public notices for the hearing. And then you get to hear the hearing.

2:35:12 – 2:35:24Speaker 5

Rich, in in in your opinion, have all of the timeliness issues required been met by the city? Notifications and so on.

2:35:24Speaker 13

As far as I've been informed and I'm aware, I believe they've met the notice requirements.

2:35:35 – 2:36:20Speaker 15

Mr. Johnson. So our job is, Rich, you might wanna confirm if that I'm understanding correctly what my role here today is. It's fairly simple. We are to take the plat, review it, consider the additional information that has been supplied by city staff and consider the comments that are made by all the residents, developer, analyze that data and make a determination whether it lives up to the developmental standards set forth by the local and state government.

2:36:22Speaker 15

So that be accurately stated or am I missing something?

2:36:25 – 2:37:05Speaker 13

Yes, sir. That is accurate. I would again urge you to go through the items in subsection K that you have to make a determination on and have some discussion voting or whatever you need to do on those items, then turn to the waivers, turn to the plot itself. I will remind you, and it's something we cover in our training a lot with this plan commission, you can't make your decisions based on the presence of opposition or support for any application. But what you can do is take the information that you've received from the opposition and support to try to make the determinations you have to make.

2:37:05Speaker 13

So it's not whether or not anybody's opposed, it's what did they tell you in the hearing, how are you applying that information to the decision you have to make.

2:37:17 – 2:37:34Speaker 15

Okay. Has there been anything said in the meeting today in your opinion from a legal perspective that goes outside of what we can or cannot approve?

2:37:36 – 2:37:47Speaker 13

I'll just remind you that the uses of the property is outside the purview of this body. The city council determines what uses are allowed and have already made that determination.

2:37:47Speaker 15

And so our determination here is final. There's not a recommendation for the city council. This is our decision to make.

2:37:54Speaker 13

That's correct, sir.

2:37:56 – 2:38:14Speaker 12

Mr. Lamberth. Mr. Chairman, I recommend that we focus on subsection K, which says that we may not approve unless. And then I recommend if you deem it advisable to go through one through five and talk about those individually.

2:38:14 – 2:38:45Speaker 5

That's exactly what I plan to do. I think this dates back about three or four years ago when the city's policy was not longer than that. Seven years ago when the city's policy on the statute was developed. But anyway, I don't want anybody to be left out of this discussion. If there are ideas, concepts, things you want to say, now's time to say it because I'm about to ask for a motion.

2:38:46 – 2:39:03Speaker 9

Well, I'll say this, and it's not really a question for staff. I'm a little uncomfortable that some of the members of the neighborhood that are most greatly impacted did not have the documents that were the full application, so they could make a reason rebuttal at the time. That concerns me. It's a fair concern. I just wanna put that on the record.

2:39:05 – 2:39:21Speaker 3

I agree with that. I'm not exactly sure why that happened, but here we are and I think we've had, we have heard comments from everyone and I think we know what was missing. Unfortunate, but I'm ready. And I agree with Commissioner Lambert that what we need to do is go through these elements.

2:39:25Speaker 15

Let's go through these elements.

2:39:27 – 2:40:07Speaker 5

I agree. So I guess I would like a motion on each one of the elements as to whether this body believes that the applicant has met their burden under the statute. And item number one is whether there's existing or planned infrastructure to support the future development of the subdivision golf course. Someone wanna make that motion whether they did or did not meet that.

2:40:07Speaker 3

I move that the applicant met subsection K1 regarding the infrastructure.

2:40:18 – 2:40:32Speaker 5

We have a motion and second that the commission find as fact that the existing or planned infrastructure to support the future development of the subdivision golf course is adequate.

2:40:39Speaker 6

Can I hear his motion one more time?

2:40:42 – 2:41:13Speaker 5

The motion is that the Planning Commission finds as fact that the existing or planned infrastructure to support the future development of the subdivision golf course is adequate? Redraw my motion. You want to draw your second? Okay. We have the motion. I second that. Mr. Lambert seconds it. Recall the roll please.

2:41:17 – 2:41:41Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do you vote? Yes. Commissioner Johnson, how do you vote? Yes. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? No. Commissioner Reid, how do you vote? Vice Chair Tidwell, how do you vote?

2:41:43Speaker 4

That vote passes.

2:41:44 – 2:42:07Speaker 5

That motion passes. So the next one is item two, that the development of the subdivision golf course will not have a material adverse effect on traffic, parking, drainage, water, sewer, or other utilities. And then we'll do B and C separately.

2:42:08 – 2:42:21Speaker 3

Commissioner, can I make a point of order of just when the debate on the specific motion should occur? I believe under Robert's Rules of Orders, it would be after the motion is made and seconded that debate debate on the motion occurs.

2:42:21 – 2:43:19Speaker 5

Under Robert's rules, it can be both, but we should have had a discussion. So I believe it's in order to reopen the first question and ask if there's any discussion on the existing or planned infrastructure regarding future development as to whether the commission members believe that that infrastructure is or is not adequate. Hearing none, I'm gonna let that vote stand. So item two, a, the development of subdivision golf course will not have a material adverse effect on traffic, parking, drainage, water sewer, or other utilities. That's either a motion that we believe that that is a fact or that it is not.

2:43:20Speaker 3

And to clarify, the debate will occur after the motion.

2:43:24Speaker 5

The motion second.

2:43:24 – 2:43:40Speaker 3

I'll move for the commission to make a finding that the existing or planned facilities, the development of the subdivision golf course will not have a materially adverse effect on traffic, parking, drainage, water, sewer, or other utilities.

2:43:44Speaker 5

I have a motion. Do I have a second?

2:43:50Speaker 5

Second by Ms. Kranz.

2:43:53 – 2:44:23Speaker 9

Discussion? So I would like to ask probably our transportation department. As far as the traffic study goes, since we don't really have the state law to tell us what do we find materially adverse or not, I'm trying to balance the cut through being made all the way to Randall Mill versus where it is right now. And we heard an estimate of the traffic increase on that. Does the staff have an opinion on whether we're meeting this? State law?

2:44:23Speaker 13

And Mr. Chair, are you willing to reopen the public hearing to hear this testimony?

2:44:27 – 2:44:44Speaker 5

Oh, okay. You really wanna do that? Nevermind. No, that's okay. I think it's important that we not leave these questions unanswered. And I am going to reopen the public hearing to hear from

2:44:45 – 2:45:14Speaker 3

staff. Can I make one point before you make that? I agree with what the legal counsel we did have. And as a lawyer, my opinion phrase has it is a phrase that we give meaning. It's ordinary meaning. I mean, is no legal extra specialized meaning to it. So while their opinion as transportation experts might have some degree of extra value, ultimately it means what we say it means. So with that, I don't know

2:45:14Speaker 12

if it really helps anything. I agree.

2:45:18 – 2:45:52Speaker 5

But I'm going to on the side of more, not less information based on everything I've heard today. So the question is your your specific question has to do with traffic, whether this development will have a materially adverse effect on traffic. Engineering judgment would be no, that development Thank you. That's the perfect answer. Either a yes or a no would have been fine, but a succinct answer is what I was looking for.

2:45:52 – 2:46:13Speaker 5

I'm gonna close the public hearing and go back. To the we have a motion and a second on item two a that the development will not have a material adverse effect on traffic parking, drainage, water sewer, and other utilities. Do recall the roll?

2:46:14 – 2:46:27Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do you vote? Yes. Commissioner Johnson, how do you vote? Yes. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote?

2:46:30Speaker 14

Our discussion ever during one of these at each time, like we did last time we opened it.

2:46:34Speaker 5

I apologize. I thought we had a discussion. I'm going to stop.

2:46:42 – 2:47:16Speaker 14

Yeah. Mean, I'm glad we have a lawyer on the court, like an actual one. But, I think to me when the reason why I'm gonna say no to number two is, I mean, is golf course gonna have an impact on water in Fort Worth, Texas? I mean, I think I I I thought, yeah, it does. So I think those are the I think of the full scale of what we're talking about for community and residents.

2:47:17 – 2:47:55Speaker 14

I shop at Albertsons off of 820. I live on the East Side. I don't even know if the Albertsons is going to make it because there's a lot of talks and saying there's going to be things. And I do think some of the residents that share their concerns today do deserve to have more clarity on what you're actually going to deliver. And so I can't say I can't vote yes on two when golf courses are impacted by Water, it takes a lot of water to run golf courses. So that to me is why it makes sense to say no to that one.

2:47:55 – 2:48:11Speaker 5

Can I ask you a question? And I'm not trying to influence anything. Golf course is closed. They're not opening a golf course. They're multi use development.

2:48:14Speaker 14

What I'm understanding they're proposing a golf course still. A nine

2:48:18Speaker 5

to coal potentially golf course? Potential.

2:48:22Speaker 5

That's right.

2:48:24Speaker 5

Or it could be something else. It's zoned so that it can be.

2:48:32Speaker 31

Okay. Again, yep.

2:48:40Speaker 5

Let me back up. There any more discussion on this issue? We have a motion and a second and I'd like to go through that vote again, please.

2:48:49Speaker 4

Okay. Commissioner Kranz, how do you vote? Yes. Commissioner Lambert, how do you vote? Yes. Commissioner John

2:48:57Speaker 4

Johnson, how do you vote?

2:49:00Speaker 4

Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do

2:49:06Speaker 4

No. Commissioner Reid, how do you vote?

2:49:12Speaker 6

I'm a little so I have to place my vote. I have a question.

2:49:18Speaker 6

I have a question. I have a question.

2:49:25Speaker 6

Are we voting to approve the plaque with these here?

2:49:34 – 2:49:48Speaker 5

I'm a now, we're voting on whether the development will or will not have a material adverse effect on traffic, parking, drainage, water, sewer and other utilities?

2:49:48 – 2:49:59Speaker 15

No. I think what he's asking, chairman is if we are voting to approve the plat PP 2.5.

2:50:08 – 2:50:59Speaker 5

Okay. I obviously haven't explained clearly enough and maybe I don't have it in my head clear enough, but the first thing we have to do is determine whether the subdivision plat as submitted meets the requirements in the state statute. And we have to find as fact each of these items. And if we vote yes that they do in fact meet these items item under section K, then they've met the state statute. If we determine that they have met the state statute, then we're going to take up the plat and the waivers and vote on that.

2:50:59Speaker 6

Well, I'm voting no because I don't think they have.

2:51:08Speaker 4

Vice Chair Tidwell, how do

2:51:12Speaker 4

That vote fails.

2:51:14Speaker 5

So that passes with three no votes. Can't remember. Three votes.

2:51:21Speaker 4

Yes, I'm sorry. That vote passes. So,

2:51:27 – 2:51:51Speaker 5

item 2B is whether the subdivision golf course will have a materially adverse effect on the health, safety or general welfare of persons in the municipality. And I think that means the whole municipality, not just. That's just my opinion. So can I have a motion please?

2:51:55Speaker 9

Make a motion to determine that the applicant has met 2B of the state statute.

2:52:04Speaker 5

Second. Thank you. Discussion?

2:52:10Speaker 23

Just to clarify on that motion, it's K2B, right? Just to make sure we're fully Thanks.

2:52:17Speaker 5

wanna say K2 too loud though.

2:52:20 – 2:52:49Speaker 3

I will say, I'll start discussion by noticing. I don't think of this K2B we're discussing now I heard any evidence about health, safety. I mean, just as I think they've got some studies, so I do think there's some evidence in favor of that element. I just don't think that was something I heard discussed. Now general welfare, I think everything could potentially kind of fall into that discussion point, but I don't think I heard anything on those first two.

2:52:49 – 2:53:07Speaker 3

So I think we can narrow discussion to just general welfare. And the main evidence I heard against that was primarily stuff I think covered by element three, which is the adverse effect on property values. So that's how I'm viewing this to kind of start discussion.

2:53:09 – 2:53:25Speaker 9

So what I see in what's been provided, the economic impact of the development is evidence that it is providing for better general welfare tax base and all those items. And they did provide that and they have it since August 5.

2:53:30Speaker 3

Any more comments? Also, I'd agree with the commissioner here that in the municipality means the entire city of Fort Worth and not just the Woodhaven neighborhood.

2:53:41Speaker 5

Thank you. Any more comments? Call the vote, please.

2:53:48Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do you vote?

2:53:53 – 2:54:07Speaker 4

Commissioner Johnson, how do you vote? No. Commissioner Kent Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? No. Commissioner Reid, how do you vote?

2:54:09Speaker 4

Vice Chair Tidwell, how do you vote?

2:54:12Speaker 4

That vote passes.

2:54:16 – 2:54:36Speaker 5

So, we're on item C. Based on the existing or planned facilities, the development of the subdivision golf course will not have materially adverse effect on the safe, orderly, and helpful development of the municipality. May I have a motion, please?

2:54:41 – 2:54:56Speaker 3

I move to have a finding that based on the existing planned facilities, development of the subdivision golf course will not have a materially adverse effect on the safe, orderly and healthful development of the municipality. Second.

2:54:57Speaker 5

Thank you. We have a motion and second that you heard the motion and second. I won't repeat it. Discussion?

2:55:05 – 2:55:31Speaker 3

I'll start since I moved in. Similar to the last element, I don't remember hearing there are studies we had some positive evidence on all of these elements, but I don't really remember any comments or evidence saying that this development wouldn't be safe or orderly or develop or impact the health. And also similar to the last element, I see this as a citywide element, not a neighborhood specific element.

2:55:35Speaker 5

Any other discussion? Go ahead.

2:55:41 – 2:56:09Speaker 14

I guess what I'm trying to also just think about is like what can be on this can change. It's like you thought there was no golf course. I thought there was a golf course. So I guess because there's so much uncertainty on what is actually going to be here, I feel like that's why I have a hard time with every single one of these. So I'm just letting you guys know I'm gonna be pretty much no down this list as you can probably see.

2:56:10 – 2:56:36Speaker 3

I understand if I can address that and I respect you and I'm glad to have this discussion. I think way I'm viewing this maybe differently than you is I see that the law and these developers have there's a process here. And while, yes, there are plenty of unanswered questions that I think that's been admitted, it's not like this is all gonna just come out of nowhere whenever they do have the plan. They've gotta go back to the zoning commission. They gotta go back to wherever to get those approvals.

2:56:37 – 2:57:12Speaker 3

And this neighborhood does need development. And we have here someone who's willing to put their own skin in the game. They're putting their own money into this to try to improve this area. I also have concerns with some of the specifics of how it was done and the notice problems. But, ultimately, we have a person who has put in a ton of effort and his own money and investment to try to improve this. And these legitimate concerns you raise, I hear and understand, but I I feel like we have processes to mitigate and reduce those as they come up. So that that's how I view this.

2:57:17 – 2:57:46Speaker 23

Just adding on that, I think with what was done in zoning, I think that it's almost impossible at this point to have the specific plans or specific knowledge of exactly how some of these things will shape up, that we have to act on, to your point, within the law, the information we have at this point, which could go multiple directions, but we do have further processes that will will allow us or other bodies to address this as they come up.

2:57:49 – 2:58:31Speaker 5

I tend to think that's right. And again, I'm not trying to sway a vote one way or the other. I do, however, understand the difficulties of a developer in a development this size knowing where every stick is going to be, where every rock is going to be, where just can't do it. Even if the developer were doing both the horizontal and the vertical, it's going to change. So from my perspective, I think these are really general in nature.

2:58:32 – 2:58:56Speaker 5

And I believe that the city ordinances that are in place are going to be sure that the safety, orderliness, helpful development is that's why all the municipal statutes are in place anyway. That's just my perspective. Thank you. Okay. Please call a vote.

2:58:56 – 2:59:20Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do vote? Yes. Commissioner Johnson, how do you vote? No. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? No. Commissioner Reid, how do you vote? No. Vice Chair Tidwell, how do you vote?

2:59:21Speaker 4

That vote passes.

2:59:24Speaker 5

The next item is item three. Didn't lose track, did I?

2:59:31Speaker 14

Nope, you're doing. Great job.

2:59:34 – 2:59:48Speaker 5

The development of the subdivision golf course will not have a materially adverse effect on existing single family property values. We have to find that as fact in order to move forward. Do I have a motion?

2:59:51 – 3:00:02Speaker 3

I'll move for a determination that the development of the subdivision golf course will not have a material adverse effect on existing single family property values.

3:00:04Speaker 5

Do I have a second?

3:00:07Speaker 5

Thank you. Discussion?

3:00:12 – 3:00:54Speaker 3

We'll start by just saying that this one's the toughest element, I think, by far because we have evidence for sure that this may adversely affect single family property values. And it just makes sense that it would. So I'll just say that this is for me personally, I'll I'll just admit that this is the toughest element for me. And I'm still leaning towards approving, but I'm open to be persuaded by other discussion because, again, the overall effect. I mean, just because you have one or two or a handful to me can't outweigh the value of the development as a whole while admitting that

3:00:54Speaker 15

this is a difficult question?

3:00:57 – 3:01:29Speaker 9

Commissioner, if I would, I think for me, in evaluating this, the primary place where I think there might be a loss of value is along where they're extending the street in the fairway. I don't think any of the other proposals suggest material adverse effect on single family property values. But even two homes, it seems like it probably is in the statute that we have to consider if it's two or three houses that back up to that development, they're affected. So I'm having difficulty with this one as well.

3:01:29 – 3:02:10Speaker 3

And I think, one, I agree generally with Commissioner Henderson on the only part I see of the development is that new street. I think the rest just would benefit the single family property values. I think the word materially is the tough word here. To me, I am reading it, and maybe I'm wrong, but I'm reading it to have some degree of proportionality in it that, yeah, maybe it materially affects one or two houses or even a dozen houses. But you look at the entire area that this development could impact, and there's some degree of wane involved in that work. So that's how I answered the question you raised, although I agree I'm having difficulty with this.

3:02:10 – 3:02:47Speaker 12

I agree that it's a very difficult the most difficult part of this determination is this subsection. And I also believe that property values are so subjective and you don't know what's going to happen. I mean, can have some predictors of the past. So we have a report that was done professionally. Reading that report, it looks like that historically property values increased, but in some instances maybe they increased less depending on market factors or whatever.

3:02:47 – 3:03:15Speaker 12

But it's so subjective to make that determination. I think we have to go with based on a report that was given and hearing the testimony and I just don't looking at the word materially, that doesn't mean it can't have any adverse effect, it means it is going to have an adverse effect, but it can't be material. And I don't know that we have the information showing a material adverse effect, so I'm inclined to vote yes on this.

3:03:18 – 3:03:30Speaker 14

Yeah, I would love to know just I know there's been a switch of when this vote passed, there was a different council person and a different zoning person. Have you had any talks with Councilwoman Peoples, I believe, is the person? No.

3:03:31Speaker 18

Yeah, this can't be routine.

3:03:33Speaker 1

The zoning aspect is something we're not gonna talk about.

3:03:36 – 3:04:32Speaker 14

Okay, thank you. Yeah, I think for me the area itself is historically impacted by it. Where I'm where I'm concerned about this whole thing, even though I know our role, is I just believe that this development is it feels that there's a lot of shortfalls of what's the ability to happen and that happens to the East Side and specifically this area a lot. And so the runway of what is possible for the developer who did have a vision and aspirations for for this, like, this happens to East Side a lot and the East Side is the way it is. And because not clarity on the ability to actually deliver when you share things like this to community and you say you're going to do these things.

3:04:32 – 3:04:48Speaker 14

And so to me, that's again why I feel. And the other thing about this, I mean, the golf course part is in this statue. Our city budget just got got passed, but we had the community meetings and city manager can I talk about city manager Chapa? Am I allowed to do that? Okay.

3:04:48 – 3:05:33Speaker 14

City manager Chapa was talking about our public golf courses that we have, that we fund. And he also talked about how private golf courses aren't profitable or not sustaining. And so that city golf courses are vital to allow people to have access to the recreation. So, again, all of those parts of a business model perspective, there's some history, it feels like with the owners that also I I just don't feel like I feel comfortable pitting Eastside residents in a position where I'm not sure even the inner circle was aligned on where they're going with this. And so this is why I'm ultimately just no down the board.

3:05:34 – 3:06:17Speaker 14

And I also will do that because I also believe that I I know we're worried in talking about the state, but if you're at the budget meetings, you also learn how much the state suffocates our city on actually being able to operate however we actually wanted to operate. And so just out of that itself, I think we have to eventually have boldness to not just look at what the state keeps telling us to do and we actually need to decide as a city plan commission what do we want to stand up for on what kind of communities communities we we wanna want to deliver. Deliver? So So I I am am not not threatened threatened by by state state or or what those things are and I'm not going to allow that to minimize my voice or where this is going. So that's again why I'm kind of operating where I'm operating.

3:06:17 – 3:07:05Speaker 5

I really appreciate you saying that because I think all of us are aware of the impact the legislature has had on municipal government over the last fifteen or twenty years. From my perspective, I'm looking at this development and thinking, let's say it doesn't get approved. Now what? Are we going to ask these residents to live infested with Lord knows what? Is it going to go back to a natural state, which very honestly, these people with nice homes in that subdivision probably don't want a natural state with vermin invading their yards and things like that.

3:07:05 – 3:07:16Speaker 5

So I think there's a balance that we're all trying to reach. And I'm not sure honestly where that balance is, but we're going to come up with it today.

3:07:16 – 3:07:36Speaker 15

I hope so. So don't know where to start. So today has been interesting. I lived in Woodhaven as a kid for a period of time. And back in the day, it was a nice place to live.

3:07:39 – 3:08:14Speaker 15

And I drove by there today. I drove through the neighborhood, every street that was there. I walked up to the golf course at the end of Oakmont Lane and there's some work to be done. I think the developer has done a good job at trying to work with the neighbors to some extent. I am very impressed with the PowerPoint presentation that he submitted to us.

3:08:16 – 3:08:47Speaker 15

I just like to see more collaboration between the developer and the neighbors that are not in favor of this. Now I know it's not our job here to make that happen. And I'm not trying to make that happen. But I do have concerns about the notices that were sent on yesterday. I think that was not timely enough for people to be able to digest that and make a firm decision or rebuttal to those things.

3:08:47 – 3:09:04Speaker 15

So I mean, although I'm okay with going through these line item by line item, ultimately, I'm probably gonna ask for a continuance. So I don't wanna waste your time, Chairman, to continue to go through these.

3:09:09Speaker 3

Can I say a comment or? Let

3:09:12 – 3:09:27Speaker 5

me ask a question. You made the motion. Would you object to tabling that motion till we have the discussion on continuance?

3:09:27 – 3:09:54Speaker 3

No objection. In fact, I think Commissioner Johnson, a great idea because the major heartburn I've had this whole time is that I felt like the notices weren't done the way it could be. And I'm looking at what evidence do I have. And there's not much evidence against some of this stuff that I think will it's pretty clear why that might be the case is they didn't have a very good opportunity to fairly present opposing evidence. So no no objection to tabling this motion.

3:09:55Speaker 1

I just wanna step in and say I from a staff perspective, the the notices were done correctly, but I understand what your concern is.

3:10:04 – 3:10:15Speaker 5

Yeah. Motion to table is not debatable. Those in favor. Aye. Opposed?

3:10:17Speaker 14

Nay. One. Opposed.

3:10:22Speaker 5

Carrion is opposed to that. So, you want to make a motion? Mr.

3:10:33 – 3:10:44Speaker 15

Chairman, I propose that we continue the plat proposal for PP25-nineteen by Crescendo Development.

3:10:45Speaker 5

For thirty days or For the next

3:10:52Speaker 15

thirty days is fine. I mean, I don't know if we wanna call a special meeting for this, but I'm okay. Two weeks. Can we do two weeks? Hold on

3:11:00Speaker 1

one second. Rich is coming up.

3:11:10Speaker 13

So I don't know when the next date is two weeks out.

3:11:15 – 3:11:29Speaker 13

Is that a planning commission meeting? October 1. Okay. So that would work. I want to remind you from the statute kind of where we're at on continuances.

3:11:30 – 3:12:16Speaker 13

So as you'll recall for most Platts, you have no authority to continue the case unless the applicant makes a request in writing to continue the case. There is a special provision in subsection d of this two twelve point one zero five five, and it does say the municipal authority may abate, continue, or reschedule as the municipal authority considers appropriate any public hearing in order to receive a full and complete record on which to make a decision. And so I'm not gonna tell you you can't continue it. I think it's limited to getting that full and complete record. And so if there's information you need to be presented and that's your reason for the motion, I don't have any objection to that.

3:12:16Speaker 13

Just let us know what additional information or what do you want to see happen. I think you've touched on a little bit of that.

3:12:23 – 3:12:38Speaker 15

Yeah, so a couple of things. I did have a request of Mr. Northern, the economic impact studies. Can you tell me who that was provided by?

3:12:42Speaker 5

Okay. I'm sorry. We're not gonna reopen the hearing.

3:12:45Speaker 3

May I make a amendment? Was there an emotion made? I'm not sure where we are.

3:12:49Speaker 15

No, there was no motion. Okay.

3:12:50Speaker 5

You moved to continue.

3:12:52Speaker 15

Yeah, I already moved to continue. So you want me to it again?

3:12:54Speaker 13

There's a motion to continue on the floor. I don't think the chair has asked for a second yet or heard one.

3:12:58Speaker 5

There hasn't been a second.

3:13:01 – 3:13:39Speaker 3

Then maybe I'll make an amendment or propose an amendment to it just because to following up on what our legal counsel said, we are continuous should be directed to specific points. And the specific point as I see it that we're trying to or we're at least I'm concerned about and I think I'm taking the temperature well is do we have evidence about the material adverse effect on existing family property values and the general welfare and some of these other factors? And so I would suggest amending Absolutely. To just that's the point of the amendment, would to allow the anyone who opposes these findings to develop that evidence and present it at the next

3:13:39 – 3:14:04Speaker 12

Your next meeting. I would also like to to say something, and that is if that's the reason for the continuance, maybe that's valid, but I don't read in the statute where we have the ability to continue unless we need information. And what I've heard so far is we're concerned that that the residents didn't get the information until last night, but that's not within our purview.

3:14:04 – 3:14:19Speaker 23

I think that's part of the complete record though, is the public hearing is part of the record. So we need the public hearing as part of the record. And if the public hasn't had the opportunity to have full information in order to make their opposition case, then we haven't had a full

3:14:20Speaker 12

I don't read it the same way, but I understand what you're thinking.

3:14:22Speaker 23

I think that's what you're getting

3:14:24 – 3:14:42Speaker 12

Yeah, and I would say that if we're looking for more information on material adverse effect on property values, that's one thing. I don't necessarily think that we're gonna get anything more than what we have today, so I'm inclined to not to vote no.

3:14:48Speaker 5

Oh, wait a second.

3:14:49 – 3:15:07Speaker 9

So my biggest concern with what we presented, and I think a couple of the neighborhood residents pointed this out, is that the firm that did the valuation study wasn't an appraisal firm.

3:15:07Speaker 15

That's why I asked for the question.

3:15:09Speaker 9

So I have that concern of wondering, I don't know. If it was appraisal firm, then I'd be like, oh, okay, I've got exactly what the statute says.

3:15:18Speaker 15

That was my reason for asking who did the economic impact study. So if we could get that information, that'd be great.

3:15:28 – 3:15:43Speaker 23

I will note though on that though, at least as I read it and Rich speak up here, there's not any requirement in what the law says that that report is done by any particular type of person, just that they've provided one.

3:15:46 – 3:16:12Speaker 3

I agree. But it goes to the weight of the evidence, and I think the bigger point we all see is if the residents who are here came out today to oppose this only got the evidence. I'm not pointing fingers at anybody. I don't know where and why it happened that way. But they only got the information less than a day ago. I'm thinking under the law, you get three days notice for any hearing, and you're getting less than twenty four hours here. Mean, that just seems fundamentally unfair to me.

3:16:13 – 3:16:28Speaker 12

I don't think that's within our purview though with this body. I mean, I understand the sentiment, but I don't think that that's something that we had the authority consider here unless we're looking for the information ourselves.

3:16:28 – 3:16:41Speaker 3

Well, I think to I mean, commissioner Cran said my thoughts essentially is I am looking for the information. I think that we have can we develop that information through people who come in to present it to us though.

3:16:43 – 3:17:00Speaker 6

Can I ask a question? Yes, sir. It's right here though in our F saying notice shall be given before the fifteen day before the date of the hearing. And a lot of them stated in here today that they weren't given that fifteen days.

3:17:02Speaker 23

There's a distinction between the notice of of the meeting and all of this additional information.

3:17:08Speaker 6

Yes, understand, but not they they're saying they have not been given and they haven't seen what they've been given the fifteen days.

3:17:18Speaker 23

I'll let the city

3:17:20Speaker 1

staff answer that. So we have a motion to continue for two weeks till October 1.

3:17:30Speaker 5

15 Rich, I have a question.

3:17:33Speaker 15

I think we had a motion and a second, didn't we? We did. Okay.

3:17:40 – 3:17:55Speaker 5

Can we limit the next public hearing to a single issue? And that would be the impact on single family property values.

3:17:58 – 3:18:22Speaker 13

I don't see anything that says you can't. Now, I'll remind you, you've voted on some of these items. You'll have one more item that you haven't, two items remaining, main items that you haven't voted on, one of which is not about that. But as far as continuing the public hearing to hear testimony on one specific item, I'm okay with that.

3:18:22Speaker 5

And our votes today will stand and continue to the next meeting.

3:18:27Speaker 13

That'll be my position.

3:18:28 – 3:18:47Speaker 5

Thank you. So is everybody clear that if we as a group decide to postpone this for two weeks, the only thing we're gonna hear from the public at the next meeting is going to be the development's impact on single family property values.

3:18:48Speaker 9

I have a question on that. Since we haven't voted on K four and K five, can we limit that to just K three? That may be a question

3:18:58Speaker 3

I do think it'd be okay to just go ahead and vote on four and five. If we get a no there, then this is all then if we get two yeses, then we can go back to three and continue on three.

3:19:10Speaker 23

To vote on four and five now.

3:19:12Speaker 3

That would be a thought, yes.

3:19:20Speaker 23

I will move if we can table. Can we table the motion already made on three? Move to

3:19:29Speaker 5

Sure, a second? Motion to table is not debatable, but you've to have a second.

3:19:36Speaker 13

And it's really not tabling so much because we can't table. We withdraw the motion.

3:19:43Speaker 13

can't because we have to comply with Open Meetings Act, so it gets technical sometimes.

3:19:48Speaker 15

Alright, I'll withdraw the motion.

3:19:51Speaker 13

Well, I'm talking about the You withdraw the motion to continue or are we gonna

3:19:56Speaker 15

I withdraw the motion to continue.

3:19:58Speaker 13

At this time. Okay.

3:20:00 – 3:20:21Speaker 23

Okay. So then I will move to find that k four, the new plot is consistent with all applicable land use regulations and restrictive covenants, and the municipalities land use policies as described by the municipalities comprehensive plan or other appropriate public policy documents is found to be affirmative.

3:20:21Speaker 5

Second. We have a motion and second discussion. Hearing none, call the

3:20:27Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how you vote? Yes. Commissioner Johnson, how you vote? Yes. Commissioner Henderson, how do

3:20:35Speaker 4

Yes. Commissioner Singletary, how do you vote? Yes. Commissioner Carrion, how do you vote? Yes. Commissioner Reid, how

3:20:41Speaker 4

Yes. Vice Chair Tidwell, how do

3:20:43Speaker 4

The vote passes.

3:20:46Speaker 5

Okay, item five.

3:20:49 – 3:21:09Speaker 3

Well, I move to I have a determination that if any portion of a previous plat reflected a restriction on the subdivision golf course, whether that restriction is an applied covenant or easement benefiting adjacent residential properties or the restriction covenant or easement has been legally released or has expired.

3:21:13 – 3:21:29Speaker 5

We have a motion to second that commission finds fact that no portion of a previous plat reflected a restriction on the subdivision golf course weather in A and B. Any discussion? Hearing none.

3:21:31Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do you vote? Yes. Commissioner Johnson, how do you vote? Yes. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do

3:21:40Speaker 4

Yes. Commissioner Carion, how do you vote? Yes. Commissioner Reid, how do you vote?

3:21:44Speaker 4

Vice chair Tidwell, do you vote? Yes. Vote passes.

3:21:48Speaker 5

Mr. Johnson, do you have a motion?

3:21:56 – 3:22:07Speaker 15

I move that we continue plat proposal PP2519 for two weeks to the next meeting. I second.

3:22:08Speaker 5

We have a motion and a second for a two week continuance.

3:22:12 – 3:22:27Speaker 9

I propose that it be amended to reflect the K-three public hearing opening and the fact that we're looking for that additional information on the adverse effect on single family property values.

3:22:27Speaker 15

I propose that as amended. We will have to

3:22:31Speaker 5

take up the plat though in the waivers. That'll be a separate deal. All right. Discussion. Hearing none, call to rule.

3:22:42Speaker 4

Commissioner Krantz, how do you vote? Yes. Commissioner Lambert, how do vote?

3:22:46Speaker 12

At the risk of being hurt by CJ, I vote no.

3:22:52Speaker 4

Commissioner Johnson, how do you vote? Yes. Commissioner Henderson, how do you vote? Yes. Commissioner Singletary, how do

3:22:58Speaker 4

Commissioner Carrion, how do you vote? No. Commissioner Reid, how do you vote?

3:23:05Speaker 4

Vice chair Tidwell, how do you vote?

3:23:07Speaker 4

That vote passes.

3:23:09 – 3:23:44Speaker 5

I think we had two no votes. So we won't take up the the waivers until we're finished with the state statute criteria, which we will talk about again in two weeks. But that discussion will be very limited. So I want to thank everybody who came today. Those who don't participate in this as a normal process probably don't realize just how unusual this was today.

3:23:47 – 3:24:07Speaker 5

Again, I can't thank everybody enough. I think the developer and his team have done a great job. I appreciate the neighbors coming out and letting us know your positions on things. And I'm hoping that our chairman is going to be here in a minute. There he is.

3:24:19 – 3:24:51Speaker 2

Thank you each and every one of you for being here. I think you can understand why, this is such a complex issue. I was listening to all the testimony. Thank you. Commissioners, I don't think I've ever been as proud as a group, for our discussion. Thank you so much for your attendance today. I will see you in two weeks, for the continuance. And with that being said, we are adjourned. Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.