[00:02:47] OKAY. GOOD AFTERNOON EVERYONE. TODAY IS MARCH 26TH, 2025. IT IS 5:30 P.M., AND I'D LIKE TO CALL OUR ZONING BOARD OF ADJUSTMENTS MEETING TO ORDER. STAFF, CAN WE CONFIRM THAT WE HAVE A QUORUM? [1. CALL MEETING TO ORDER, ESTABLISH QUORUM] YES, MR. CHAIRMAN. WE DO HAVE A QUORUM TODAY WITH MEMBERS PRESENT. YOU YOURSELF, MR. MICHAEL CANTU AS A CHAIRPERSON. MR. ALICIA GARZA AS VICE CHAIRPERSON. MR. MARK GONZALEZ AS A VOTING MEMBER. ANDREW ALMAGUER AS A VOTING MEMBER, GREGORY VAZQUEZ AS A VOTING MEMBER. AND WE DO HAVE MR. DUSTIN GARZA AS OUR ALTERNATE. OKAY. THANK YOU. CAN EVERYONE PLEASE RISE AND JOIN ME FOR PRAYER? LET US PRAY. HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR GUIDANCE, WISDOM, AND SUPPORT AS WE BEGIN TODAY'S MEETING. [A. Prayer] HELP US TO ENGAGE IN MEANINGFUL DISCUSSION. ALLOW US TO GROW CLOSER AS A GROUP AND NURTURE THE BONDS OF COMMUNITY. FILL US WITH YOUR GRACE, LORD GOD, AS WE MAKE DECISIONS THAT MIGHT AFFECT OUR CITY AND CONTINUE TO REMIND US ALL THAT WHAT WE DO HERE TODAY, ALL THAT WE ACCOMPLISH, IS FOR THE BETTERMENT OF OUR CITY. AND WE ASK THESE THINGS IN YOUR NAME. AMEN. AMEN. MR. GARZA, CAN YOU LEAD US IN OUR PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR [B. Pledge of Allegiance] ALL. OKAY. MOVING ON TO OUR CERTIFICATION OF PUBLIC NOTICE. YES, SIR. MR. CHAIRMAN, STAFF TO NOTIFY THE PUBLIC AS PER THE TEXAS OPEN MEETINGS ACT. ACT AT 5 P.M. ON THE 21ST OF MARCH. THANK YOU. [2. CERTIFICATION OF PUBLIC NOTICE] DISCLOSURE OF CONFLICT OF INTEREST. COUNSEL, CAN YOU ELABORATE ON OUR DISCLOSURE? YES, MR. CHAIRMAN, UNDER STATE LAW, A LOCAL GOVERNMENT OFFICIAL IS REQUIRED TO [3. DISCLOSURE OF CONFLICT OF INTEREST] DISCLOSE A SUBSTANTIAL INTEREST FOR THEMSELVES OR CERTAIN FAMILY MEMBERS AND ABSTAIN FROM VOTING ON MATTERS RELATED TO SUCH CONFLICT. ARE THERE ANY CONFLICTS TO DISCLOSE RELATED TO THE PENDING MATTERS ON TODAY'S AGENDA. NO THANK YOU. MOVING ON TO PUBLIC COMMENTS. PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES. IF A RESIDENT DESIRES TO MAKE A PUBLIC COMMENT, [00:05:03] PLEASE NOTIFY THE CHAIRPERSON PRIOR TO THE START OF THE MEETING. A SPOKESPERSON FOR LARGE GROUPS IS REQUIRED. WE ASK FOR EVERYONE'S COOPERATION IN FOLLOWING THESE PROCEDURES. IS THERE ANYONE HERE THAT WOULD LIKE TO MAKE ANY PUBLIC COMMENTS? OKAY. THANK YOU. MOVING ON TO ITEM FIVE. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING BOARD OF ADJUSTMENT. ALL ITEMS. ALL ITEMS ARE GENERALLY CONSIDERED AS THEY APPEAR ON THE AGENDA. AS EACH ITEM IS INTRODUCED, STAFF WILL PRESENT ITS FINDINGS AND RECOMMENDATION ON THE ITEM BEING CONSIDERED. THE PARTY MAKING THE REQUEST MAY MAKE A PRESENTATION, AND MAY ADDRESS THE BOARD ON ANY ISSUES ARISING DURING THE DISCUSSION OF THE ITEM BEING CONSIDERED. ANYONE IN THE AUDIENCE DESIRING TO SPEAK IN FAVOR OR IN OPPOSITION MAY DO SO. A THREE MINUTE TIME LIMIT WILL BE GIVEN TO EACH PERSON INTERESTED IN SPEAKING ON THE ITEM. THE USE OF A SPOKESPERSON FOR LARGE GROUPS OF PEOPLE WILL BE REQUIRED. ONCE THE CHAIR CLOSES THE PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE AND MAY [4. PUBLIC COMMENTS] [5. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING] MAINTAIN ANY DISCUSSION WHICH CLARIFIES THE PROPOSAL AND WILL THEN TAKE WHAT ACTION IT [A. All items are generally considered as they appear on the agenda as each item is introduced.] BELIEVES TO BE APPROPRIATE. [B. Staff will present its findings and recommendation on the item being considered.] [C. The party making the request may make a presentation and may address the Board on any] [issues arising during the discussion of the item being considered.] [D. Anyone in the audience desiring to speak in favor or in opposition may do so. A three (3)] A MINIMUM OF FOUR VOTES ARE REQUIRED FOR AN ITEM FOR AN ITEM TO BE APPROVED BY THE BOARD. [F. A minimum of four votes are required for an item to be approved by Board.] MOVING ON TO ITEM SIX, OUR MINUTES. CONSIDER APPROVAL OF THE MINUTES FOR THE FEBRUARY 26TH, 2025 REGULAR MEETING. IS THERE A MOTION? [6. MINUTES] I HAVE A MOTION FOR APPROVAL. SECOND FROM MR. ALMAGUER. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO OUR PUBLIC HEARINGS. SEVEN A REQUEST BY APSIS INVESTMENTS, LLC FOR A VARIANCE TO THE CITY OF EDINBURGH UNIFIED DEVELOPMENT CODE TO ALLOW APOLLO TO HAVE A DRIVE THROUGH WITHOUT A BYPASS LANE, [7. PUBLIC HEARINGS] [A. Request By Apsis Investments, LLC for a Variance to the City of Edinburg Unified Development] AND TWO TO HAVE TEN QUEUING SPACES INSTEAD OF THE 11 QUEUING SPACES REQUIRED FOR A RESTAURANT AT TRENTON TOWN CENTER. REPLAT OF LOT FIVE, LOT FIVE, A BLOCK ONE, HIDALGO COUNTY, TEXAS, LOCATED AT 4017 SOUTH MCCALL ROAD. GOOD EVENING. I AM RICARDO FARLEY, PLANNER WITH THE CITY OF EDINBURGH. SO TO START OFF, THIS IS THE LOCATION THAT WE'RE GOING TO BE TALKING ABOUT TODAY. WALMART IS CLOSE TO WALMART IS ALSO CLOSE TO A WENDY'S RESTAURANT. IT'S THAT GREEN SPACE THAT WE'RE LOOKING AT HERE. AND THERE'S A SITE PLAN I WANT TO SHOW YOU BEFORE WE MOVE FORWARD. SO THIS IS THE SITE PLAN. THIS IS NOT THE SITE PLAN THAT WAS SUBMITTED WITH THE VARIANCE REQUEST, BUT IT DOES. I'M SORRY. THIS IS THE SITE PLAN THAT WAS SUBMITTED. AS YOU CAN SEE HERE IT SHOWS THE STACKING OF THE VEHICLES. THEY'RE ONLY LACKING ONE STACKING SPACE. AND YOU ALSO NOTICE THAT THERE IS NO BYPASS LANE. THERE'S ADJACENT TO THE DRIVE THRU LANE. SO THE SO THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY'S CODE TO ALLOW ONE AS IT APPLIES TO ALLOW TO NOT TO PUT IN THE REQUIRED BYPASS LANE. AND ALSO THE APPLICANT REQUESTING THE DRIVE THROUGH WITH A WITHOUT A BYPASS LANE FOR A RESTAURANT AND TO HAVE TEN QUEUING SPACES OR STACKING SPACES INSTEAD OF 11 SPACES REQUIRED. SO HERE AGAIN IS NOT TO HAVE A BYPASS LANE, AND ONLY TO HAVE TEN STACKING SPACES INSTEAD OF THE 11 THAT IS REQUIRED. SO HERE'S THE SITE PLAN THAT WAS SUBMITTED AND THIS IS THEIR LAYOUT FOR THIS PARTICULAR RESTAURANT. SO THIS PROPERTY IS LOCATED ON THE WEST SIDE OF SOUTH MCCALL ROAD AND IT IS ZONED COMMERCIAL GENERAL SURROUNDING ZONING IS COMMERCIAL GENERAL IN ALL DIRECTIONS, AND THE LOT IS CURRENTLY VACANT, AS WE SAW IN THIS PICTURE HERE. A LITTLE BIT ABOUT A LITTLE BIT OF THE BACKGROUND AND HISTORY ON THIS LOT. THIS PROPERTY IS PART OF TRENTON TOWN CENTER. A REPLAY OF LOT FIVE THAT WAS RECORDED JUST RECENTLY HERE IN JANUARY. SO THE APPLICANT SUBMITTED A SITE PLAN, AS WE'RE LOOKING AT HERE SHOWING THE PROPOSED RESTAURANT WITH A DRIVE THRU. AND AGAIN, STAFF REVIEWED THE SITE PLAN AND NOTICED THAT THE DRIVE THRU DOES NOT HAVE A BYPASS LANE. IT ONLY SHOWS TEN VEHICLES IN THE QUEUE INSTEAD OF THE 11 STACKING THAT IS REQUIRED BY THE UNIFIED DEVELOPMENT CODE. SO WHERE DOES THE 11 STACKING REQUIREMENT COME FROM? WELL, THE UNIFIED DEVELOPMENT CODE SAYS THAT YOU MUST HAVE THREE STACKING SPACES FROM THE MENU BOARD TO THE FIRST WINDOW. SO IF YOU CAN LOOK HERE ON YOUR ON THE DRAWING HERE. HERE'S THE MENU BOARD. AND HERE'S THE THREE STACKING SPACES. SO THEY MEET THAT. THAT'S GREAT. BUT ALSO YOU MUST HAVE EIGHT STACKING SPACES LEADING UP TO THE MENU BOARD. AND THIS IS WHERE THEY DO NOT MEET THE REQUIRED STACKING. [00:10:03] SO THIS IS THE REQUIRED STACKING THAT THEY ARE SHORT OF. THIS REQUIRED 11 STACKING SPACES THAT THE PLANNING DEPARTMENT HAS IMPOSED ON THEM BASED ON THE CODE. SO HERE AGAIN STAFF, WE DID MAIL NOTICE OF THE VARIANCE REQUEST TO 11 NEIGHBORING PROPERTY OWNERS. WE DID RECEIVE ONE AGAINST THIS REQUEST. AND IT WAS AN ADJACENT PROPERTY OWNER. SO THE APPLICANT IS PROPOSING TO BUILD A RESTAURANT. IT WILL BE THE FIRST ONE HERE IN THE RIO GRANDE VALLEY, WITH A PRELIMINARY DESIGN SHOWING A TOTAL OF 70FT². THE DESIGN OF THE RESTAURANT IS JUST FOR TEAS, IS FOR CARRY OUT AND DRIVE THROUGH ONLY. SO I ALL DRIVE THROUGH. FACILITIES ARE REQUIRED TO HAVE BOTH A STACKING AND A BYPASS LANE. AND TO HAVE A MINIMUM OF WHAT WE WHAT WE ARE REQUIRED ARE 11 VEHICLES IN THE QUEUE, AS REQUIRED BY THE UNIFIED DEVELOPMENT CODE SECTION 4.108 THE BYPASS LANE. THE REASON THAT'S IMPORTANT IS THAT IT ALLOWS VEHICLES TO CIRCUMVENT OR TO EXIT IF THERE IS AN EMERGENCY SITUATION. SO STAFF ALSO, ACCORDING TO THE APPLICANT, THE THIS TYPE OF BUSINESS DOES NOT REQUIRE A DRIVE THROUGH AND ALSO IT INTERFERES. IT DOES NOT INTERFERE WITH THE CIRCULATION OF THE SITE PLAN. MOREOVER, THE LOT IS CONSTRAINT IN THAT WHEN THIS LOT WAS REPLANTED HERE YOU HAVE A 28 TO 30 FOOT EAST WEST ACCESS EASEMENT THAT RESTRAINED OR CONSTRAINS THE LOT PREVENTING A BYPASS LANE TO BE DONE. SO STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST BASED ON THE CODE. IF APPROVED, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS, SUCH AS PAYING FOR THE FEES, THE RECORDING FEE, AND ANY OTHER BUILDING REQUIREMENTS THAT MAY EXIST OR THAT MAY BE REQUIRED. ALL RIGHT. THANK YOU, MR. FARLEY. I'LL NOW OPEN THIS ITEM FOR PUBLIC COMMENTS. DO WE HAVE THE APPLICANT HERE? PLEASE APPROACH THE PODIUM. HELLO. CAN YOU STATE YOUR YOUR NAME FOR THE RECORD, SIR? MY NAME IS JOHN DAVID FRANZ JR. I'M HERE FOR APSIS INVESTMENTS, WHICH IS THE APPLICANT FOR THIS VARIANCE. I KNOW THAT I'M ONLY ALLOTTED ABOUT THREE MINUTES, SO I'M GOING TO GO AHEAD AND TRY AND MAKE IT QUICK. WE HAVE BEEN ON THE SEARCH FOR A PIECE OF PROPERTY THAT THAT WOULD FIT OUR NEEDS AND ALLOW US TO COME IN WITH AN EB OR AN ESTIMATE. EXCUSE ME? ESTIMATED BASE RENT THAT WORKS WITH THE ECONOMICS OF THESE PROJECTS. H2O IS A FRANCHISE. IT'S ONE OF THE TOP GROWING FRANCHISES IN IN THE SOUTHWESTERN REGION OF THE UNITED STATES. THEY HAVE YET TO HAVE A STORE CLOSED DOWN. THEY'VE HAD MANY OF THEM OPEN, AND I BELIEVE THE CLOSEST ONE TO US IS IN CORPUS CHRISTI RIGHT NOW. THERE'S ANOTHER ONE THAT'S GOING TO BE OPENING IN PORT ISABEL, WHICH WAS IN THE NEWS RECENTLY. THEY JUST CLOSED ON SOME LAND. THE THING THAT'S UNIQUE ABOUT H2O IS THERE IS NO HOT FOOD. THERE IS NO FOOD PREPARATION. IT IS ALL TEA. THE TEA IS BREWED AHEAD OF TIME. YOU KNOW, SOMETIMES THE NIGHT BEFORE, THE DAY BEFORE IT IS SOLD, THERE IS A FOOD PRODUCTS WHICH ARE SNACKS. IT'S HEALTHY SNACKS THAT ARE SOLD, BUT IT IS ALL PREPACKAGED. THERE IS NO FOOD PREPARATION ON SITE. SO WHEN IT COMES TO THE DRIVE THROUGH, WE WE DID SOME INDEPENDENT RESEARCH. WE LOOKED AT WHAT H2O WAS PUTTING OUT. WHEN THERE IS A BYPASS LANE THE NUMBERS ARE A LITTLE BIT DIFFERENT BECAUSE THEY'RE ABLE TO SERVE TWO VEHICLES AT ONCE. IN FREDERICKSBURG, TEXAS, THERE IS AN H2O THAT WE WENT TO THAT DOES NOT HAVE A BYPASS LANE. AND THE TIME FROM ORDERING YOUR OR PLACING YOUR ORDER FOR T TO THE TIME THAT YOU RECEIVE IT AT THE WINDOW AND PAYMENT HAS BEEN COMPLETED AND YOU'RE ON YOUR WAY IS LESS THAN A MINUTE AND 45. AND THAT'S WITH THE FULL STACK AHEAD OF YOU. SO THIS IS A VERY FAST MOVING PRODUCT. WE DON'T ANTICIPATE THERE BEING A LOT OF TIME. THERE IS THE ABILITY TO ORDER CUSTOM FLAVORS, BUT THOSE CUSTOM FLAVORS WOULD BE SOMETHING LIKE YOU'RE MIXING GEORGIA PEACH FLAVOR WITH COCONUT TEA, SO IT REALLY ONLY ADDS SECONDS TO THE ORDER. THERE'S THERE'S NOT A WHOLE LOT OF TIME THAT GOES THROUGH WITH IT. WHEN IT COMES TO THESE STORES AND, AND WHAT WE'RE LOOKING AT FOR THIS PIECE OF PROPERTY THIS IS SMALLER THAN THAN WHAT WE WOULD LIKE. THERE'S A LOT OF CONSTRAINTS, BUT THE NUMBERS WORK. AND WE NOTICED THAT THIS PIECE OF LAND HAS YET TO HAVE ANYTHING CONSTRUCTED ON IT FOR, YOU KNOW, AS LONG AS I REMEMBER. AND I GREW UP HERE IN THE VALLEY THERE'S A WENDY'S RIGHT NEXT DOOR THAT WE USED TO [00:15:02] FREQUENT, MY FAMILY FREQUENTS. AND SO THIS LAND IS BEING UNUSED. WE'D LIKE TO, TO CONTRIBUTE TO EDINBURGH'S BASED TAX RATE. WE'D LIKE TO BE A PART OF THE COMMUNITY AND AND REALLY INVEST IN THIS OUR AREA FOR, FOR THE FRANCHISE. WHAT ACCESS IS, IS AVAILABLE TO, TO BUILD ON. I'M SORRY. FRAN'S HOLDINGS IS WHAT HAS THE FRANCHISE. BUT ACCESS IS LEASING THE PROPERTY TO THEM ONCE, ONCE IT'S BUILT, WE HAVE EVERYTHING FROM BUSINESS 83 TO 107. SO WHILE THERE ARE AREAS, OUR PREFERRED AREA IS THE CITY OF EDINBURGH. WE THINK THAT THAT THIS THIS LOCATION WOULD BE GREAT FOR US. WE THINK IT'D BE GREAT FOR THE CITY AND FOR THE COMMUNITY AROUND IT. AND THEN JUST ONE MORE THING AS FAR AS THE BACKGROUND NOT ONLY BECAUSE MY WIFE IS IS BORN AND RAISED IN EDINBURGH. WE LIVE IN EDINBURGH. WE'VE LIVED IN EDINBURGH FOR THE PAST FIVE YEARS. BUT IT'S ALSO MANDATED THROUGH H2O THAT WE BE A PART OF THE COMMUNITY. AND SO IF THE STORE IS HERE, WE HAVE TO GIVE A CERTAIN PERCENTAGE BACK TO THE COMMUNITY, BE INVOLVED, BE IT SCHOOLS, BE IT NONPROFIT ORGANIZATIONS THAT ARE IN THE AREA. I INVITE ANYONE HERE SHOULD SHOULD THIS BE GRANTED THIS THIS VARIANCE BE GRANTED? WE EXPECT TO BE OPEN BEFORE THE END OF THE YEAR. AND DURING THAT TIME, IF ANY OF YOU ALL TRAVEL TO CORPUS OR SAN ANTONIO, I INVITE YOU TO TO TRY AN H2O OUT. THEY ARE PHENOMENAL. AND I THINK IT'S GOING TO BE A STAPLE FOR FOR THAT PART OF EDINBURGH. WE HUMBLY ASK FOR Y'ALL'S CONSIDERATION ON PASSING THIS VARIANCE. AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE. THANK YOU, MR. JONES. ANY QUESTIONS? IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS ITEM? ARE THERE ANY QUESTIONS FROM THE BOARD? I HAVE A QUESTION, MR. FARLEY. SURE. GOOD AFTERNOON. GOOD AFTERNOON. I'M SEEING HERE ON THE SOUTH SIDE. IS THAT A BARRIER THAT WE SEE WITH THE LITTLE STRIPED? I'M GOING TO STAND UP. LET'S SEE. OH. I'M SORRY. LET ME GO BACK OVER HERE. I KNOW WE HAVE THIS ACCESS THAT HAS TO BE FOR THE ONGOING TRAFFIC, BUT THIS IS GOING TO BE A BARRIER AROUND THE CONCRETE OR. WELL, THERE'S NO WAY IT COULD BE A BARRIER BECAUSE THAT'S AN ACCESS EASEMENT THROUGH THERE. SO IT'S PROBABLY JUST STRIPING. I CAN CALL THE GENERAL CONTRACTOR BACK UP. OKAY. GOT IT. 816. OH, OKAY. 816. SO PRETTY MUCH YOUR PARKING RIGHT NOW. OKAY. THE REASON I'M ASKING IS BECAUSE IF IT WOULD THERE BE A WAY FOR CARS TO GET OUT THROUGH THAT AREA OR THERE'S IT'S GOING TO BE BLOCKED OFF? WOULD THERE BE. ALTHOUGH IT'S NOT GOING TO BE CONSIDERED, LET'S SAY ANOTHER LANE, BUT WOULD THERE BE A WAY FOR SOMEONE, LET'S SAY IF THEY'RE IN THE DRIVE THROUGH WINDOW, WOULD THEY JUST BE ABLE TO TURN AROUND AND GET OUT OF THERE? NOT AGAINST TRAFFIC OR WHAT HAVE YOU, BUT JUST TO KIND OF. WELL, IF WE LOOK AT THE DIRECTIONAL AREAS WITHIN THAT ACCESS EASEMENT, WE SEE ONE. ONE DIRECTION IS GOING EAST AND ONE IS GOING WEST. SO HERE AGAIN IS AN ASSESSMENT. SO ONE WOULD BE ABLE TO CIRCUMVENT AND TO USE THAT ACCESS EASEMENT. BUT I GUESS THE QUESTION IS IS IT RAISED OR IS IT JUST PAINTED ON THE GROUND. YEAH, IT'S PROBABLY JUST PAINTED ON THE GROUND BECAUSE OF THE ACCESS. CORRECT. IT'S GOING TO BE JUST PAINTED ON THE GROUND. WE CAN'T WE CAN'T USE A CURB. THERE'S A PHOTO THAT WAS IN THIS PACKET THAT SHOWS AN EXISTING CURB THAT'S GOING TO BE PRETTY MUCH THE EDGE OF THE BUILDING. SO THERE PRIOR TO TO OUR INVOLVEMENT WITH THIS PROPERTY AND LOOKING AT THAT PREVIOUS PICTURE, YOU CAN SEE THAT IT WAS ACTUALLY DESIGNED FOR A QSR TYPE OR QUICK SERVE RESTAURANT WITH A DRIVE THRU, AND YOU HAVE THE CUTOUT FOR THAT DRIVE THROUGH TO TO THEN REJOIN TRAFFIC AFTER AFTER GETTING TO WHAT WOULD BE A THEORETICAL WINDOW. SO I BELIEVE THAT THAT LOT WAS DESIGNED FOR SOMETHING LIKE THIS WAY BACK IN THE DAY. AND THEN I GUESS WITH, WITH NEW ADOPTION OF VARIANCES AND CODES. NOW, NOW WE HAVE TO APPLY FOR THIS. OKAY. SO THEN THERE'S A LINE OR THEY DON'T THEY'RE NOT COMPLETELY STUCK. THEY'RE ABLE TO AT LEAST GET OUT OF THE. THEY WOULD THEY WOULD BE STUCK ON ON THIS DIAGRAM. THEY WOULD BE STUCK ONCE THEY'RE AT THE, THE ORDERING SECTION. BUT IF THEY CHANGE THEIR MIND RIGHT WHERE THAT, THAT THE SECOND 90 DEGREE CURVE COMING OUT IS THEY CAN, THEY CAN GO AHEAD AND JUST EXIT OUT INTO THAT, THAT THAT ACCESS. OKAY. RIGHT. OKAY. THANK YOU. DO YOU KNOW THE AVERAGE WAIT TIME ON ON EVERY CUSTOMER THAT'S COMING IN THROUGH YOUR DRIVE [00:20:01] THROUGH THROUGH THE DRIVE THROUGH, IT'S LESS THAN A MINUTE, 45 SECONDS. SO IT'S THAT'S THAT'S WITH THE FULL STACK. IT COULD BE LESS NOW, THERE THERE ARE THAT'S AVERAGE WAIT TIMES. OF COURSE, IF SOMEONE HAS A CREDIT CARD THAT'S NOT GETTING ACCEPTED OR SOMETHING, YOU MAY HAVE SOME VARIABLES THAT COME UP, BUT IT'S EVERYTHING'S READY TO GO. IT'S PRETTY MUCH HANDING IT TO THEM. I HAVE A QUESTION FOR STAFF. I NOTICED THERE'S A LETTER IN HERE FROM RANDY SUMMERS STATING THAT THERE'S CRS FOR THIS ENTIRE DEVELOPMENT, AND THEY'RE THEY'RE AGAINST THIS VARIANCE REQUEST. YES, SIR. SO WE DID BRING OUT THAT THERE WAS ONE PROPERTY OWNER THAT IS AGAINST. NOW HE DOES MENTION THAT THERE ARE CRS. SO IS IS THERE I GUESS A PROPERTY OWNERS ASSOCIATION THAT THEY NEED TO YOU KNOW. WELL IT WAS SORT OF BE LIKE AN HOA RIGHT? WE DON'T ENFORCE HOA REQUIREMENTS RIGHT. OR PRIVATE DEED RESTRICTIONS. SO IF MY ATTORNEY COULD HELP ME, I THINK IT WOULD APPLY IN THIS PARTICULAR CASE AS WELL. YOU'RE ASKING WHETHER WHAT APPLIES MR. FARLEY. SO SO THE QUESTION IS THERE'S A LETTER IN HERE THAT STATES THAT THIS PROPERTY WAS A REPLAT OF AN EXISTING SUBDIVISION. AND SO I THINK THERE'S SOME CONFLICT BETWEEN THE ORIGINAL PROPERTY OWNERS ASSOCIATION THAT MANAGES THE SUBDIVISION, THE ORIGINAL SUBDIVISION, AND WHAT THE PROPERTY OWNERS WANTING TO DO RIGHT NOW. SO, YOU KNOW, I JUST KIND OF WANTED TO SEE WHAT WE COULD HAVE SOME MORE CLARITY ON THAT CONFLICT, BECAUSE IF THE CURRENT CRS DON'T ALLOW THIS AND WE GO AHEAD AND APPROVE IT, THAT CONFLICT WILL REMAIN. SO, YOU KNOW, SOMETHING THAT WE HAVE TO GET CLARITY ON. I'VE. HAVE YOU GUYS SPOKEN TO THE HOA AT ALL OR THE HOMEOWNERS ASSOCIATION OR THE ONES IN CHARGE OF THEM? THE ENGINEERING FIRM THAT'S BEEN HANDLING THIS HAS BEEN GOING THROUGH ALL OF THE PERMITTING PROCESS AND CHECKING WITH THE TITLE COMPANY. TO MY KNOWLEDGE, NO ONE HAS HAS YOU KNOW, EXPRESSED ANY DESIRE FOR US NOT TO COME IN. SO THIS IS ACTUALLY NEWS TO ME. I'M A LITTLE SURPRISED TO HEAR IT AT THE MOMENT, BUT I CAN I CAN GET THAT INFORMATION MOMENTARILY AND GET BACK TO YOU. YEAH. BECAUSE THIS LETTER CLEARLY STATES THAT THEY'RE OPPOSED TO IT AND THAT THAT THE CCR THAT GOVERN THIS SUBDIVISION, THE ORIGINAL SUBDIVISION, DISALLOW THIS TYPE OF SERVICE OR TO TWO BUILDINGS ON ONE LOT. RIGHT. IT'S IT'S A REPLAT. SO IT'S ONLY ONE BUILDING ON ONE LOT. THAT IS CORRECT. IT'S A REPLAY. LOT FIVE AND A LOT FIVE. SO THEY ATTACH THE CCR ON THE EMAIL TOO. SO IT SAYS HERE, FIRST OF ALL WE OBJECT TO THE FACT THAT THERE IS A LOT FIVE A AS THE E THAT CONTROLS THE ENTIRE SUBDIVISION WAS NOT PLATTED WITH A LOT. FIVE. A AND TO DO SO WOULD HAVE REQUIRED A SIGN OFF FROM WALMART AND OURSELVES. LOOK, I DON'T KNOW IF THAT'S ACCURATE OR NOT. RIGHT. BUT IT SEEMS LIKE WE SHOULD HAVE SOME CLARITY ON THIS BEFORE MAKING A DECISION ON THIS. AN APPROVAL AUTHORIZATION FROM THE HOMEOWNERS ASSOCIATION. IF THERE IF THERE EVEN IS ANY RIGHT THAT GOVERNS YOUR LOT. FIRST OF ALL, WE WANT TO KNOW IS THERE A POA THAT GOVERNS YOUR LOT? AS, AS FAR AS AS OUR RESEARCH. AND AGAIN, I APOLOGIZE. I'M NOT THE ONE WHO'S ACTUALLY DOING THE RESEARCH. WE HIRED A COMPANY TO DO THAT FOR US. BUT AS FAR AS WE WERE TOLD, THERE WEREN'T ANY VIOLATIONS HERE OR THE THE ONLY, I GUESS THE ONLY THING THAT WE WOULD NEED IN ORDER TO MOVE FORWARD WAS GOING TO BE THIS VARIANCE. NOTHING HAS BEEN BROUGHT UP TO US ABOUT A POA OR OR ANYTHING LIKE THAT. WE WERE TOLD BY THE ENGINEERING COMPANY THAT EVERYTHING WOULD BE IN COMPLIANCE OTHER THAN THE VARIANCES THAT WE WERE REQUESTING. WHAT ARE YOUR THOUGHTS, MR. AZEVEDO? WELL, THERE'S THERE'S TWO THINGS THAT COME INTO QUESTION IN THE LETTER OF OBJECTION. ONE OF THEM IS MORE OF A DEED RESTRICTION THAT WE DON'T REALLY ENFORCE THE SEPARATION FROM ONE BUILDING TO ANOTHER BEING LESS THAN 100FT. THAT'S SOMETHING THAT WE WOULDN'T REALLY GET INTO. BUT THE OTHER ONE, WHERE IT CLAIMS THAT A REPLAT WOULD NEED TO TAKE PLACE, WHICH WOULD REQUIRE THE SIGNATURES OF THE PROPERTY OWNERS WITHIN THE PLAT. THAT IS TRUE. SO THIS IS SOMETHING I THINK WE NEED TO TAKE A LOOK AT A LITTLE BIT FURTHER AND MAYBE TABLE THE ITEM AND BRING IT BACK NEXT MONTH. I THINK THAT'S A GOOD IDEA BEFORE WE DENY OR APPROVE THIS REQUEST. RIGHT. IF I MAY JUST MAKE A POINT, THE ACTUAL PROPERTY OWNERS HAD TO SIGN OFF IN [00:25:05] ORDER TO GET THE REPLAT, BECAUSE WHEN WHEN WE SUBMITTED FOR THE REPLAT, I KNOW ALL THE PROPERTY OWNERS HAD TO SIGN OFF FOR THAT WHEN WE SUBMITTED IT TO THE CITY, SO I DON'T KNOW IF THAT COUNTS AS THEM GIVING IT OR WHAT YOUR SIGNATURE WOULD BE REQUIRED, BUT SO WOULD THE SIGNATURES OF THE OTHER PROPERTY OWNERS. SO WE JUST NEED TO VERIFY THAT THAT WAS DONE. OKAY. YEAH, I THINK THIS IS WHAT THIS GENTLEMAN IS SAYING THAT WALMART, AS LONG AS WELL AS THEMSELVES NEED TO SIGN OFF ON THAT REPLAT IS WHAT HE'S SAYING IN HIS EMAIL, CORRECT? I DON'T KNOW IF ALL THAT WAS DONE AND IF IT WAS, THEN MAYBE THIS WAS SENT BEFORE THAT WAS PRESENTED TO THE CITY. I DON'T KNOW, BUT I THAT'S A VERY VALID CONCERN BECAUSE EVEN IF YOU WERE TO GRANT THE VARIANCE AND THEN IT COMES UP, THEN IT'S GOING TO BE ON US THAT WE GAVE SOMETHING WITHOUT I DON'T KNOW, IT'S A VALID CONCERN WITHOUT DOING A PROPER DUE DILIGENCE ON IT. SO I THINK THAT'S THAT'S THE FIRST ORDER OF BUSINESS TO TO HAVE THAT CLARIFIED. YES, MA'AM. MY NAME IS CATHERINE FRANZ. SO I BELIEVE THE PROPERTY OWNER IS SUNNYBROOK. SUNNYBROOK. SUNNYBROOK. SO THEY WERE THE PROPERTY OWNER THAT HAD TO SIGN OVER FOR THE VARIANCE OR FOR THE, FOR THE REPLAT. SO WE WERE UNDER THE UNDERSTANDING THAT THEY ARE THE PROPERTY OWNER, NOT WALMART. OKAY. BUT I THINK HE'S SAYING HERE IT'S NOT JUST THE, THE, THE SUBJECT PROPERTY OWNER, BUT EVERYBODY, EVERYBODY ELSE IN THAT ON THE ORIGINAL PLAN NEEDS TO SIGN OFF IF THEY REPLAT. OKAY. SO THAT'S WHAT HE'S SAYING, THAT WE OBJECT TO THE FACT THAT THERE'S A LOT FIVE AS ACRE THAT CONTROLS THE ENTIRE SUBDIVISION WAS NOT PLATTED WITH THE LOT FIVE A AND TO DO SO WOULD HAVE REQUIRED TO SIGN OFF FROM WALMART AS WELL AS OURSELVES, WHICH WAS NEVER DONE. SO I THINK THE ORIGINAL OWNERS NEED TO SIGN OFF ON THE REPLAT BEFORE IT GETS REPLANTED, IS WHAT HE'S SAYING. I DON'T KNOW HOW ACCURATE IT IS, BUT THE ORIGINAL DEVELOPER THAT PLATTED THE SUBDIVISION SHOULD HAVE SIGNED OFF. THAT'S TYPICALLY THE CASE. IF THERE'S LET'S SAY THIS IS A SIX LOT SUBDIVISION, ALL SIX LOT OWNERS MUST SIGN OFF ON THE REPLAY. YEAH. EXCUSE MY IGNORANCE, BUT IF IT'S ALREADY BEEN REPLATTED AND RECORDED AND THAT ALREADY PASSED THROUGH THE CITY IS THAT SOMETHING THAT THAT WOULD BE REVERSED IN THIS CASE? YOU KNOW, WE CAN'T REALLY ANSWER ON THAT. WE WOULD JUST NEED TO VERIFY WHAT WAS DONE. IT'S JUST DIFFERENT STEPS. SO YOU'RE DOING THAT STEP NOW. AND NOW SINCE THERE'S AN ASSOCIATION OR SOME SORT OF COMMUNITY THERE WITH THE DIFFERENT OWNERS, NOW THAT'S THE NEXT STEP FOR YOU GUYS TO CLEAR OUT. IF THEY WILL ALLOW SOMETHING LIKE THAT IN THAT PROPERTY. THEN ONCE THAT IS ESTABLISHED, WE COULD GO AHEAD AND LOOK AT IT AGAIN AND THEN GO FORWARD WITH THE VARIANCE PROCESS WITH THE BUSINESS. BUT BEING THAT WE'RE NOT IN ANY WAY GOVERNING A FORCE IN THAT AREA FOR THE ASSOCIATION OF THOSE BUILDINGS, YOU WOULD HAVE TO CLEAR IT OUT WITH THEM. FIRST, BRING US A LETTER, SOMETHING THAT STATES YOU KNOW, THEY'RE GIVING US THE APPROVAL FOR THIS TYPE OF RESTAURANT BUSINESS. AND THEN FROM THERE, WE CAN LOOK AT THE VARIANCE TO GO FORWARD AND GET YOU GUYS ON THE GROUND IF IT'S POSSIBLE. WOULD IT WOULD IT BE POSSIBLE TO GET AN APPROVAL CONTINGENT ON THAT, SO THAT WE DON'T HAVE ANOTHER 30 DAY DELAY ON ON THE DEAL? I KNOW MY QUESTION. I'M CURIOUS WHEN YOU SAID ABOUT IT'S ALREADY BEEN REPLAYED AND APPROVED BY THE CITY. SO IF IT WAS REPLAYED AND APPROVED BY THE CITY, THAT'S A PIECE OF LAND THAT YOU'RE ABLE TO DO SOMETHING WITH THAT PIECE. NO, HE SAID, THE WHOLE SUBDIVISION, THE WHOLE THING WAS REPLAT. IS THAT WHAT YOU'RE SAYING? IT WAS. IT WAS REPLANTED AND APPROVED TO THE CITY BY THE CITY AND SIGNED OFF BY SUNNYBROOK. SO THIS THIS WENT TO I DON'T KNOW IF IT WAS CITY COUNCIL THAT IT GOT TO, BUT IT WENT THROUGH ANOTHER BOARD LIKE THIS AND IT GOT A UNANIMOUS APPROVAL. IT WAS RECORDED. SO IT WAS IT WAS THE WHOLE THING WAS REPLANTED. YES. IT'S ALREADY THAT MEANS THEY HAD TO HAVE SIGNED OFF ON IT. WELL, THAT'S STEP ONE. NOW YOU HAVE TO CHECK WITH THE COMMUNITY OR THE HOA, FOR EXAMPLE, OF THAT BUSINESS TO SEE IF YOU'RE ALLOWED TO PUT THAT TOGETHER, BECAUSE THAT WAS SOMETHING. AND REALLY THAT'S THE BEST ROUTE. YOU KNOW, THAT THAT'S GOING TO PROTECT YOU AND EVERYBODY FROM FROM MAKING DOING SOMETHING AND THEN HAVING TO COME BACK AND, YOU KNOW, TAKE IT OUT. SO I THINK THE BEST WAY IS TO, YOU KNOW, FIGURE OUT WHAT THE NEXT TIP IS GOING TO BE. AND I THINK WE'RE PROBABLY GOING TO BE THE LAST STEP THAT YOU'RE GOING TO, YOU KNOW, COME TO US AND, YOU KNOW, WE'RE NOT SAYING NO RIGHT NOW, BUT, YOU KNOW, DO SOME RESEARCH A LITTLE BIT MORE. THAT WAY EVERYBODY'S CLEAR AND WE'RE GOOD TO GO. AND WE CAN MAKE A SOLID DECISION ON ON HELPING YOU GUYS OUT IF WE CAN. YEAH. YEAH. EXACTLY. SO THE NEXT PROCESS WOULD BE TO GO THROUGH THE IC OF THAT AREA AND THEN SEE IF YOU GUYS CAN GET THE CLEARANCE FROM THERE. AND THEN BECAUSE YOU ALREADY DID THE PLAT ALL THAT. SO NOW WE JUST NEED THE LETTER FROM THAT HOA FOR EXAMPLE, TO JUST GIVE YOU GUYS A GREEN LIGHT FOR I THINK STAFF CAN PROBABLY EXPLAIN WHAT'S NEEDED TO CLARIFY THAT ISSUE. YEAH. OKAY. WELL WE'LL GO AHEAD AND GET THAT INFORMATION. ARE THERE ANY CONCERNS OTHER THAN THAN THE ISSUE THAT THAT SOMEONE MAY HAVE SO THAT WE CAN GO AHEAD AND ADDRESS THAT BEFORE THE NEXT MEETING AS WELL? I DO HAVE ONE JUST ONE [00:30:01] CONCERN WITH RESPECT TO THE THE VEHICLES. THERE'S TEN IN THIS DIAGRAM THAT YOU SEE HERE. IF WE LOOK AT THE LAST WELL AT THE END OF THE LINE, WHICH IS REALLY YOU'RE GOING INTO THE DRIVE THROUGH, RIGHT? CORRECT. CAN YOU YOU YOU INDICATED THAT THESE VEHICLES WILL BE ABLE TO, I GUESS, EXIT IF THERE WAS AN EMERGENCY, FOR EXAMPLE. AND IF WE WERE TO START LOOKING FROM THE END, RIGHT FROM THE WHERE THE DRIVE THROUGH IS, IT SAYS DRIVE THROUGH THAT LAST VEHICLE. WHICH VEHICLES STARTING FROM THAT ONE WOULD BE ABLE TO EXIT IF THERE WAS AN EMERGENCY? IF THERE WAS DO YOU MIND IF I USE THAT ANSWER? SO THERE THERE'S NOTHING STOPPING THESE VEHICLES FROM COMING OUT INTO THIS ACCESS. SO STARTING WITH THIS VEHICLE, EVERYONE CAN JUST FUNNEL OUT AND EXIT WITHOUT HAVING TO COME THROUGH THE THE ORDERING STATION OR OR COMING INTO THIS. SO IT WOULD BE CAR SEVEN ON. THEY WOULD JUST HAVE TO EXIT OUT THIS WAY. SO THE FIRST SIX VEHICLES, THEY WOULD NOT BE ABLE TO THE. NO. BECAUSE THERE IS A CURB ALONG THE AN EXISTING CURB ALONG THE RIGHT SIDE OF THE VEHICLE. RIGHT, RIGHT HERE THERE'S AN THERE'S AN EXISTING CURVE AND THERE'S LIGHTING. AND AND I THINK THERE'S SOME BOLLARDS IN HERE THAT WOULD, THAT WOULD PREVENT THEM FROM, FROM TURNING NORTH AND EXITING OUT THAT WAY. ONE THING I DID WANT TO POINT OUT, AS YOU CAN SEE, THERE'S MULTIPLE WINDOWS HERE, RIGHT. SO THERE'S ACTUALLY EXTRA SPACE FOR STACKING IF THEY NEEDED TO PUT IN THE ADDITIONAL STACKING THERE. ONE MORE THING IS RIGHT HERE. THIS IS GOING TO BE A DUMPSTER. THERE IS SPACE IN THIS AREA IN AN EMERGENCY. I GUESS THESE VEHICLES COULD JUST CONTINUE STRAIGHT AND FLOW INTO THE PARKING LOT. EXCEPT THERE'S PARKING SPACES OVER HERE, AND THEN THIS IS GOING TO BE NO PARKING FOR THE DUMPSTER. SO. SO THE DUMPSTER ACCESS IS GOING TO NEED TO COME IN AND TO GIVE US SPACE TO ACCESS THIS, THESE VEHICLES IF NEED BE. WE DON'T NEED TO PUT A CURB IN HERE. AND SO IN THE EVENT OF AN EMERGENCY, THESE VEHICLES CAN JUST COME STRAIGHT OUT. NOW THAT'S OF COURSE WE'RE TALKING ABOUT DIFFERENT POINTS OF EGRESS. AND WHAT DO PEOPLE DO DURING EMERGENCY SITUATIONS. I DON'T KNOW IF THEY WOULD ACTUALLY USE THAT AS AN EXIT, BUT THEY'RE GOING TO HAVE SPACE TO GET OUT IF NEED BE. THANK YOU. THANK YOU SIR. OKAY. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT ON THIS ITEM? IF NOT, I'LL GO AHEAD AND CLOSE THIS ITEM AND ASK THE BOARD FOR A MOTION. I MOTION TO TABLE THE ITEM AND PENDING THE FORM FROM THAT COMMUNITY OR FROM THAT SUBDIVISION OF SOME SORT OF CLEARANCE, AND THEN TAKE IT FROM THERE ONCE WE DO RECEIVE. I AGREE WITH MR. JAIME TO TABLE THE I HAVE A MOTION TO TABLE AND OBTAIN MORE CLARITY ON THE POA AND THE CCR SITUATION HAPPENING IN THE SUBDIVISION. I SECOND THAT MOTION. HAVE A SECOND. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. YEAH. SO ON THE NEXT. I'M SORRY. GO AHEAD SIR. OKAY. MOVING ON TO SEVEN. I THINK WE'RE ON SEVEN B REQUEST BY NANCY PARTNERS, LLC FOR A VARIANCE TO THE CITY OF EDINBURG UNIFIED DEVELOPMENT CODE TO ALLOW AS FOLLOWS. TO HAVE A DRIVE THROUGH WITHOUT A BYPASS LANE FOR A RESTAURANT AT VICTORY. [B. Request By Nanshe Partners, LLC for a Variance to the City of Edinburg Unified Development] LOTS ONE, TWO, THREE, FOUR, BLOCK THREE SUBDIVISION, HIDALGO COUNTY, TEXAS, LOCATED AT 1624 EAST UNIVERSITY DRIVE. OKAY, SO ON THIS SITE PLAN HERE, WE SEE THE PROPOSED RESTAURANT, A LITTLE CAESARS PIZZA RESTAURANT, AND WE SEE THAT THERE IS NO BYPASS LANE. SO THE APPLICANT IS REQUESTING A VARIANCE TO THE UNIFIED DEVELOPMENT CODE AS IT APPLIES TO REQUIRED BYPASS LANE. THE APPLICANT IS REQUESTING TO HAVE A DRIVE THRU WINDOW WITH A DRIVE THRU WITHOUT A BYPASS LANE FOR THIS LITTLE CAESARS RESTAURANT. SO THIS PROPERTY IS LOCATED ON EAST UNIVERSITY DRIVE AND SOUTH 26TH AVENUE. IT'S CURRENTLY ZONED COMMERCIAL GENERAL. THEY HAVE. THE ZONING IS GREAT. IT IS BOUNDED ON THE NORTH BY EAST UNIVERSITY DRIVE, ON THE EAST BY SOUTH 26TH AVENUE, ON THE SOUTH BY AN ALLEY. RIGHT OF WAY AND SURROUNDING LAND USES ARE COMMERCIAL USES. SO HERE'S THE COMMERCIAL USE THAT IS CURRENTLY ON THIS LOT IS AN EXISTING OPERATING TIRE SHOP AND A CAR WASH. A LITTLE BACKGROUND IN HISTORY ABOUT THIS PROPERTY HERE. THE PROPERTY IS PART OF VICTORY SUBDIVISION. IT WAS RECORDED NOVEMBER THE 6TH, 1945. SO ON SEPTEMBER THE 13TH OF THIS YEAR OF LAST YEAR, THE YEAR, THE APPLICANT SUBMITTED A SITE PLAN SHOWING THE PROPOSED RESTAURANT WITH A DRIVE THROUGH. SO WE REVIEWED THE SITE PLAN AND NOTICED THAT THERE WAS A LACKING A BYPASS [00:35:06] LANE. AND SO THEREFORE THE APPLICANT MOVED FORWARD AND SUBMITTED A VARIANCE APPLICATION ON FEBRUARY THE 27TH, 2025. WE THE STAFF MAILED NOTICES OF THE VARIANCE REQUEST TO 30 NEIGHBORING PROPERTIES. AND AT THIS TIME, WE RECEIVED NO COMMENTS IN FAVOR OR AGAINST GRANTING THE VARIANCE. SO THE APPLICANT IS PROPOSING TO BUILD A RESTAURANT, A LITTLE CAESARS RESTAURANT WITH A PRELIMINARY DESIGN OF ALMOST 1600 SQUARE FEET. THE DESIGN OF THE RESTAURANT IS FOR CARRYOUT AND DRIVE THRU ONLY. ALL DRIVE THRU FACILITIES ARE REQUIRED TO HAVE BOTH A STACKING AND BYPASS LANE, AS REQUIRED BY THE UNIFIED DEVELOPMENT CODE. AGAIN, THE BYPASS LANE ALLOWS VEHICLES TO CIRCUMVENT THE THE LANE IF THERE IS AN EMERGENCY SITUATION. ACCORDING TO THE APPLICANT, THE LOT IS VERY CONSTRAINED AND THAT THE NATURE OF THE BUSINESS PIZZA USUALLY DOES NOT REQUIRE A BYPASS LANE. SO IN ORDER TO GET HIS PARKING IN HIS REQUIRED PARKING IT KIND OF LIMITS ACTUALLY THE BYPASS LANE HERE. AND THAT'S WHAT THE APPLICANT WAS BASICALLY BRINGING OUT IN HIS REVIEW. SO STAFF RECOMMENDS THAT. NOW THE VARIANCE REQUEST, IF APPROVED, OF COURSE, HE WOULD HAVE TO PAY A RECORDING FEE AND MEET ALL OTHER CITY REQUIREMENTS. THANK YOU, MR. FRAWLEY. OKAY, NOW, I'LL OPEN THIS ITEM FOR PUBLIC COMMENTS. DO WE HAVE THE APPLICANT IN ATTENDANCE TO MAKE A COMMENT? PLEASE STATE YOUR NAME, SIR. GOOD EVENING. THANK YOU FOR HAVING ME. MIKE MERRILL. I'M THE REGIONAL MANAGER FOR LITTLE CAESARS DOWN HERE IN THE VALLEY, AND I LIVE HERE. WE'RE SUPER EXCITED TO GROW OUR BRAND IN EDINBURGH. I THINK WE'VE BEEN GOOD PARTNERS WITH YOUR CITY. HOPEFULLY YOU'LL GRANT THIS VARIANCE THAT WILL ALLOW US TO HAVE THIS RESTAURANT. WE ARE NOT YOUR TYPICAL DRIVE THRU RESTAURANT LIKE YOU MIGHT SEE AT CHICK FIL A. WHERE OUR DRIVE THRU STACKS UP MILES AND MILES. WE DO A LOT OF CARRYOUT AND A LOT OF DELIVERY. OUR DRIVE THRU TIMES AVERAGE BETWEEN 70 TO 90S. AND WE TRY AND MAKE OUR HOT AND READY PROMISE TO EVERY CAR THAT COMES THROUGH AND EVERY GUEST. AND I'LL LEAVE ANY QUESTIONS TO YOU. THANK YOU. SIR. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT? MR. MAYOR, I HAVE A QUESTION. I'M LOOKING AT YOUR SURVEY HERE. THE PROPOSED. THE PLAT. IS THERE ANY WAY WE COULD DO SOME SORT OF ENTRANCE? MAYBE TURN IT AROUND? SO WHAT I'M WHAT I'M SEEING HERE IS THIS PROPERTY IS REALLY CLOSE TO THE EXPRESSWAY. NO LITTLE CAESARS, LIKE YOU'RE SAYING, DOESN'T HAVE TOO MUCH OF A DRIVE THRU LINE, BUT NONETHELESS, IN THAT AREA SEEMS TO GET CONGESTED MOST OF THE TIME. WHERE I'M ALSO FROM EDINBURGH. SO WE KIND OF GREW UP IN THAT AREA WHERE THE BURGER KING IS AT, AND THEN YOU HAVE THE MCDONALD'S, AND WOULD THERE BE A WAY TO BRING IN THE TRAFFIC THROUGH THE INSIDE? AND THEN INSTEAD OF THESE PARKING SPACES BEING LIKE THIS, GOING THAT WAY, THAT WAY, THE PEOPLE COME IN TO THE 26TH AVENUE, GET INTO THE PROPERTY, GET THE PIZZA, AND THEN MAYBE HAVE THE PEOPLE GOING OUT, MOVE THE EXIT MORE THIS WAY TO THE WEST. TO THE EAST. I'M SORRY. SO WE'RE NOT TOO CLOSE TO THE EXPRESSWAY. WOULD THAT BE SOMETHING? IS THAT SOMETHING THAT THE. I DON'T KNOW IF THAT'S POSSIBLE. I'D HAVE TO GET WITH THE ENGINEER TO HAVE THEM LOOK AT REDRAWING IT. I KNOW THEY'VE THEY'VE DRAWN THIS UP A FEW DIFFERENT WAYS. THEY DID HAVE THE PARKING ON THE FAR SIDE WITH THE DRIVE THROUGH LIKE YOU MENTIONED, BUT I THINK THAT LIMITED THE AMOUNT OF CARS THAT WE COULD GET STACKED THROUGH THE. I THINK IT DIDN'T MEET YOUR MINIMUM REQUIREMENT ON THAT. SO THAT'S WHY WE THREW THIS IN, WHICH GAVE US THE REQUIREMENT TO THAT. I WOULD ACTUALLY PREFER TO HAVE IT THE OTHER WAY TO, TO BE HONEST WITH YOU. AND THEN WE COULD THROW THE PARKING ON THE OTHER SIDE SO OR KEEP IT WHERE IT'S AT, JUST. AND THE ENTRANCE TO BE THROUGH 26 AVENUE, BECAUSE THE IDEA IS GREAT. IT'S JUST THE CONGESTION RIGHT THERE IN THAT LITTLE INTERSECTION THAT VERY BUSY. WELL, I'M SURE WE COULD DO THAT. IF YOU'RE OKAY WITH JUST THE AMOUNT OF CARS THAT ARE GOING TO GO THROUGH THERE. SO I THINK THAT WOULD GIVE US WHAT, ONE, 234567, EIGHT NINE CARS IN THE STACK UNTIL YOU HIT THE UNTIL YOU HIT THE STREET, OR EVEN POSSIBLY MORE IF I'M GOING TO. SO ENTER THROUGH HERE. THESE PARKING SPACES WOULD STAY WOULD STAY BUT FACING THE OTHER WAY. SO IN CASE SOMEBODY IS GOING TO PARK AND THE OTHER ONE TO BE TO GO INTO THE DRIVE THROUGH AND THEN THE EXIT BEING UP THAT WAY. NO ENTRANCE COMING IN FROM THE UNIVERSITY DRIVE, BUT EVERYTHING EXITING. AND THEN WE'RE GOING TO HAVE THIS AREA RIGHT HERE, WHICH IS GRASS. MAYBE CONSIDER SOME SORT OF RELIEF RIGHT THERE TO ALSO EXIT, WHICH IS THE. OH, THERE'S AN ALLEY RIGHT HERE. [00:40:01] YEAH, IT'S AN ALLEY. SO SURE THAT THAT WOULD WORK, BUT YEAH, I'M JUST I'M JUST CONCERNED MORE OF THAT AREA OVER THERE WHERE IT'S SO CONGESTED, WHERE PEOPLE COULD BE DISTRACTED AND YOU KNOW, SOMEBODY ENTERING OR WHAT HAVE YOU. NONETHELESS, I CERTAINLY UNDERSTAND YOUR CONCERN. THE ONE THING WITH THIS LAYOUT I DOUBT THAT WE'D EVEN HAVE HALF THOSE CARS COME THROUGH THE DRIVE THROUGH. WE'RE REALLY QUICK. AND AGAIN, MOST OF OUR BUSINESS IS THROUGH DELIVERY, SO. THANK YOU, SIR. YOU'RE WELCOME. THANK YOU, MR. MAYOR. I HAVE A QUESTION FOR STAFF IS, YOU KNOW, WE'VE SEEN TWO OF THESE BACK TO BACK. NOW, IS THIS A TREND THAT WE'RE SEEING? SMALLER FOOTPRINTS WITH JUST NO DINE IN TRAFFIC AND JUST DRIVE THROUGH. YEAH, IT SEEMS LIKE THE LATEST TREND NOW IS JUST CARRY OUT AND DRIVE THROUGH WITH A LOT OF THESE RESTAURANTS, THE COFFEE SHOPS, THE DONUT SHOPS, THESE TYPE OF RESTAURANTS. SO IT SEEMS TO BE A TREND THAT WE'RE SEEING. DO WE HAVE A TRAFFIC ENGINEER? YES WE DO. HI. GOOD AFTERNOON, PATRICIA LONGORIA. I'M THE CITY OF EDINBURGH TRAFFIC ENGINEER. HELLO, MISS LONGORIA. I'D LIKE TO, I GUESS, JUST GET YOUR THOUGHTS ON ON THIS NEW TREND THAT WE'RE SEEING AND THE THESE VARIANCES WITH THESE I GUESS, YOU KNOW, DEVELOPMENTS THAT DON'T HAVE THE BYPASS LANE AND AND SEE WHAT WHAT WHAT YOU THINK, WHAT YOU THINK ABOUT IT. AND MORE THAN ANYTHING, IF YOU COULD TELL US WHAT IF, IF YOU THINK THE SAFETY ASPECT OF IT IS SIGNIFICANT OR IF IT'S NOT. SO TO ANSWER YOUR FIRST QUESTION, IN REGARDS TO MORE CARRYOUT AND DELIVERY AFTER COVID, YOU DO SEE A TREND TOWARDS TOWARDS THAT. YOU KNOW WE FOUND THAT IT'S IT'S, YOU KNOW, EASIER TO UBER YOUR FOOD OR, OR JUST GO PICK UP YOUR FOOD. WAIT TIME. SO YOU DO HAVE A LOT MORE PEOPLE USING DRIVE THRUS OR JUST PULLING UP TO PICK UP THEIR FOOD IN REGARDS TO THE AUXILIARY LANES. SO WE SHOULDN'T REALLY REFER TO THEM AS BYPASS LANES. THEY'RE AUXILIARY LANES AND THEY HAVE MULTIPLE FUNCTIONS. ONE OF THEM, OF COURSE, IS IF YOU ARE IN THE LANE AND YOU KNOW, YOU GET A CALL, YOU NEED TO GET OUT OF OUT OF THE LANE AND LEAVE. IT GIVES YOU THAT OPPORTUNITY. YOU ALSO DON'T YOU DON'T WANT TO CREATE A CHUTE WHERE YOU'RE TRAPPING PEOPLE AND THEN ALSO FOR EMERGENCY RESPONSE OR PUBLIC RESPONSE. YOU KNOW, PUBLIC UTILITIES NEEDS TO GO OR GO IN THERE OR SERVICE THEIR, THEIR DUMPSTER OR WHATEVER. IT GIVES THEM THAT THAT EXTRA, THAT EXTRA SPACE. BUT BUT THE I GUESS THE IMPORTANT, THE IMPORTANT FACTOR HERE IS NOT CREATING A SHOOT AND TRAPPING PEOPLE WITHIN THE WITHIN THE BYPASS. I MEAN, WITHIN THE THE SERVICE LANE. THE IS THERE A WAY TO MAYBE MITIGATE THAT BY CREATING EXITS ALONG THE WAY? SO YOU COULD MAYBE FIND A WAY TO ADJUST THE SITE TO ALLOW FOR SO WE MENTIONED THAT THERE'S AN ALLEY. I HAVEN'T, I HAVEN'T LOOKED AT THIS SITE SPECIFICALLY. I WASN'T BROUGHT TO MY ATTENTION SPECIFICALLY TO LOOK AT IT. SO I CAN ONLY INTERJECT FROM THE LITTLE THE LITTLE LINES THAT WE SEE ON, ON ON THE DRAWING. BUT THERE'S AN ALLEY, SO YOU COULD OPEN IT TO THE BOTTOM, BUT YOU WOULD STILL HAVE THAT FIRST SECTION KIND OF KIND OF STUCK IN PLACE IF FOR THERE TO BE, FOR THERE TO BE ANY KIND OF ISSUE OR NEED TO LEAVE, LEAVE THE QUEUE. YEAH. IN MY OPINION, I, YOU KNOW, I LIKE BOTH OF THESE PROJECTS FOR OUR CITY. THEY'RE GREAT PROJECTS. THESE PIECES OF LAND HAVE JUST SAT HERE AND. OH YEAH, IT'D BE GREAT TO HAVE THESE THESE BUSINESSES HERE. THE ONLY THING IS, YOU KNOW, WE HAVE TO IF WE HAVE TO SEE THERE'S THERE'S GOING TO BE MORE OF THIS STUFF COMING UP. RIGHT. SO I KNOW WE TAKE EVERY DECISION. IT'S A CASE BY CASE DECISION. I HAVE A QUESTION. I'M SORRY. NO. GO AHEAD, GO AHEAD. ON THE ON THE ON THE QUESTION I HAD ABOUT HOW CLOSE IT IS TO THE EXPRESSWAY. DO YOU SEE THERE BEING ANY ISSUES WITH THE ENTRANCE BEING THERE, CONGESTION, ANYTHING THAT YOU SEE. SO LIKE I SAID, WITHOUT ACTUALLY LOOKING AT THE FOOTPRINT AND HOW IT, IT IT WORKS WITH THE, WITH THE FRONTAGE LANES OF THE EXPRESSWAY TO ACTUALLY SEE WHERE IT IS GEOGRAPHICALLY. I WOULD, I WOULD HATE TO MAKE ANY KIND OF DETERMINATION, BUT WE DO TRY TO KEEP DRIVEWAYS AS FAR AWAY FROM MAJOR ARTERIALS AS POSSIBLE TO ALLOW FOR YOU KNOW, FOR PROPER STACKING OR IF SOMEONE WANTS TO, TO MAKE THAT LEFT TURN OUT, THAT DRIVEWAY HAS A LEFT TURN OUT. SO NOW YOU HAVE IF YOU HAVE QUEUING FROM THE EXPRESSWAY PAST THE, [00:45:03] THE DRIVEWAY, THEN YOU'RE GOING TO HAVE PEOPLE TRYING TO MAKE THAT LEFT TURN OUT THROUGH THE QUEUE. AND THAT'S WHERE YOU GET THOSE. YOU KNOW WHERE THE FIRST THE FIRST LANE OF TRAFFIC ALLOWS THE PERSON THROUGH, BUT THE NEXT LANE DOESN'T. AND, YOU KNOW, IT JUST LENDS ITSELF TO THOSE ISSUES. YOUR IDEA ABOUT HAVING THEM EGRESS AND INGRESS OFF OF 26TH STREET, WHICH IS AN ACTUAL PLANNED, PLANNED ACCESS TO, TO THE ROADWAY, IT LENDS ITSELF TO SAFETY. YOU KNOW, IT GIVES IT GIVES MORE SAFETY TO, TO THE TO THE INGRESS AND EGRESS. THANK YOU, MR. LONGORIA. YES, SIR. THANK YOU. MR. ACEVEDO. HAVE YOU SEEN MORE OF THIS TYPE OF DEVELOPMENT HAPPENING IN. I DON'T KNOW, MORE REQUESTS COMING INTO THE CITY OR. WHAT'S YOUR EXPERIENCE WITH THIS? WE ARE SEEING MORE PEOPLE COME IN ASKING FOR VARIANCES. AND ON THE BYPASS LANE I'VE HAD MEETINGS WITH THE CITY ENGINEER WHERE WE KIND OF DISCUSS WHETHER OR NOT WE SHOULD CONTINUE ASKING FOR BYPASS LANES. THIS SUMMER WE WILL BE LOOKING AT MAYBE POSSIBLE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE. BUT WE DON'T KNOW IF THIS IS ONE THAT WILL BE CHANGED. YEAH, I'M SURE IT WILL BE DISCUSSED, BUT WE DON'T KNOW WHICH WAY IT'S GOING TO GO. YEAH, I WAS GOING TO SAY, OH NO, NEVERMIND. I WAS GOING TO SAY THE BURGER KING NEXT DOOR. BUT NO, THEY DO HAVE A LANE THAT NOW TYPICALLY, I MEAN, THE CHICK FIL A'S, THE MCDONALD'S, THE BURGER RESTAURANTS ARE GOING TO HAVE IT ANYWAYS. THE WHATABURGER'S BECAUSE THEY NEED IT. THEY NEED IT, RIGHT? BUT LITTLE CAESARS DOES GET KIND OF PACKED. BUT THAT ONE, THAT WHATABURGER THERE IS TRAPPED TO ITS ONE WAY IN, ONE WAY OUT. THE GOOD THING IS THAT WHATABURGER HAS A LOT OF YEAH, THEY HAVE A LOT OF A LOT OF STACKING. WHAT I'M SAYING IS THEY HAVE THEIR ONLY WAY IN IS OFF UNIVERSITY, ISN'T IT? YEAH, CORRECT. SO EVEN THE CARS THAT GO THROUGH THE LANE, EVEN THOUGH THEY HAVE MORE PARKING FOR MORE CARS. BUT IT'S ONE WAY IN, ONE WAY OUT THROUGH UNIVERSITY AS WELL. CORRECT. BUT WITH THE MEDIAN LANE TO ENTER THE PROPERTY AS OF THIS LITTLE CAESARS, WE'RE NOT GOING TO HAVE THAT MEDIAN. IT'S GOING TO BE RIGHT OFF THE 107. SO IF SOMEBODY'S DISTRACTED I GET YOU. SO AND AS IT IS THAT TRAFFIC FLOW RIGHT THERE IS PRETTY HEAVY. YEAH. SO THAT'S WHY YOU MAYBE BRING IT UP TO THE LIGHT. YEAH. AND ONCE AGAIN, GOING BACK ON WHAT MIKE'S SAYING, YOU KNOW, WE'RE HAPPY TO SEE ALL THIS HAPPENING WITH OUR BEAUTIFUL CITY. IT'S JUST WE ARE GROWING A LOT, AND, YOU KNOW, WE JUST WANT TO I WANT MY MAIN CONCERN IS JUST THE TRAFFIC IN THAT AREA, AND YOU KNOW, I HOPE WE CAN MAKE SOMETHING WORK WITH LITTLE CAESARS THERE. IT WOULD BE GREAT. JUST, YOU KNOW, THAT'S MY CONCERN, REALLY. IT'S JUST A TRAFFIC FLOW OF THAT AREA. IS THIS PROPERTY TO THE EAST OF THAT? BURGER KING IS BEHIND IT. IT'S ON. IT'S ON THE EAST SIDE. BUT TO THE EAST, AWAY FROM THE EXPRESSWAY. YEAH. YEAH. YEAH, IT'S AWAY FROM THE EXPRESS. THAT'S WHAT I'M SAYING. IT'S IT'S IT'S IT'S RIGHT. ALMOST RIGHT IN FRONT OF THE WHATABURGER. AND EXISTING ALREADY IS A TIRE SHOP AND A CAR WASH WHICH USES THAT EXIT AND ENTRANCE RIGHT THERE. BECAUSE I REMEMBER UNIVERSITY DRIVE IS A STATE ROAD, RIGHT. SO YOU'RE GOING TO HAVE TO GET TAX APPROVAL AND SO FORTH. BUT THAT ENTRANCE RIGHT THERE IS ALREADY EXISTING. THAT'S WHAT THE CAR WASH AND THE TIRE SHOP USE. THAT UNIVERSITY IS A FIVE LANE RIGHT WHERE YOU HAVE TWO AND TWO IN THE TURNING LANE. YES. YEAH. SO I MEAN, THE WHATABURGER ALREADY HAS TO KIND OF DEAL WITH IT IS WHAT I'M IN MY NOT RIGHT OR BECAUSE WHATABURGER HAS YOU GO INTO WHATABURGER, YOU GET INTO THE TURNING LANE TO TURN IN. PEOPLE COMING, PEOPLE HEADING WEST ON UNIVERSITY HAVE TO GET IN THE TURN LANE TO TURN INTO LITTLE CAESARS. SO IT'S KIND OF THE SAME IDEA. THEY HAVE ONE ENTRANCE GOING INTO WHATABURGER. I'M JUST TRYING TO UNDERSTAND. YOU ALSO HAVE AN EXIT TO THE EXPRESSWAY. RIGHT TO FRONTAGE. WHATABURGER. NO, THEY'RE TRAPPED BY MCDONALD'S. MCDONALD'S DOES, BUT NOT WHATABURGER. MCDONALD'S DOES. YEAH. YOU'RE RIGHT. THAT'S WHAT I'M SAYING. IT'S KIND OF THE SAME CONCEPT. IT'S JUST WATER HAS BEEN THERE FOR A LONG TIME, AND NOW WE'RE GOING TO HAVE A POPULAR RESTAURANT LIKE LITTLE CAESARS GO UP IN FRONT OF THAT. SO NOW THAT MEDIAN LANE IS GOING TO BE CONGESTED FOR PEOPLE TRAVELING WEST WANTING TO COME INTO LITTLE CAESARS AND PEOPLE GETTING OFF THE EXPRESSWAY TRYING TO GO INTO WHATABURGER. SO IT'S GOING TO CREATE ONE IN THE MEDIAN. IT'S GOING TO CREATE THAT FRICTION. AND THEN PLUS WE'RE GOING TO HAVE THE TRAFFIC COMING IN. I THINK THE ONLY GOOD THING ABOUT LITTLE CAESARS THAT AT LEAST YOU HAVE 26 TO DEAL WITH. WHATABURGER DOESN'T HAVE ANOTHER STREET. CORRECT. WELL, WHATABURGER DOES HAVE THE STREET NEXT TO THE ONE THAT'S I THINK THAT'S SUBWAY. YEAH, BUT THEY HAVE. YEAH. YEAH, YEAH. CORRECT. SO THAT'S WHY I'M TRYING TO, YOU KNOW, ASK THAT QUESTION ABOUT THE 26 LANE. JUST BECAUSE I KNOW THAT MEDIAN LANE IS GOING TO GET YOU GUYS TO FOR YOUR CUSTOMER TO GO IN THERE AS WELL. JUST REALLY QUICK. JUST SOMETHING TO BRING TO YOUR ATTENTION. LITTLE CAESARS BUSINESS. 80% OF OUR BUSINESS IS FOR DINNER, AND WE ARE THE ON THE GOING HOME SIDE. THAT'S WHAT WE LOOK FOR WHEN WE BUILD. SO THAT MEANS EVERY THERE ARE GOING TO BE VERY FEW GUESTS TRYING TO CROSS THE MEDIAN TO [00:50:01] GET INTO OUR RESTAURANT. IT'LL ALMOST BE GUARANTEED THAT AS THEY'RE GOING EAST ON UNIVERSITY, THAT'S WHERE THEY'RE GOING TO COME BEFORE THEY GO HOME. DOES THAT MAKE SENSE? YEAH, IT'LL BE VERY. WE'LL KEEP GOING EAST. THEY WILL. THEY'LL KEEP GOING EAST. THEY WON'T REALLY TYPICALLY TRY. WHEN WE LOOK FOR SITES, THAT'S EXACTLY WHAT WE LOOK FOR. OR WE NEED TO BE ON THE GOING HOME SIDE OF THE ROAD. I HOPE THAT HELPS. SO I DON'T THINK THERE'S GOING TO BE A LOT OF TRAFFIC TRYING TO CROSS IS WHAT I'M TRYING TO SAY. THAT'S INTERESTING. THANK YOU. I HAVE A QUESTION FOR STAFF. MISS LONGORIA MENTIONED THAT SHE HASN'T LOOKED AT THIS THOROUGHLY YET. SO WHAT IS THE PROCESS IF WE IF WE WERE TO APPROVE THIS, DOES IT STILL HAVE TO GET APPROVED BY THE TRAFFIC ENGINEER AND THE ENGINEERING DEPARTMENT? WELL, IT HAS TO MEET ALL OTHER CITY REQUIREMENTS. SO DOES IT HAVE TO GO THROUGH THE TRAFFIC ENGINEER AGAIN AND HAVE HER APPROVAL AND TXDOT ALSO? WELL, TXDOT IF YOU'RE GOING TO OPEN UP ANOTHER ENTRANCE THERE. BUT THIS THIS VARIANCE IS ONLY FOR THE BYPASS LANE. SO IF THEY GET A VARIANCE FOR THE BYPASS LANE, THEN THE VARIANCE IS GRANTED. IT WOULD NEED TO BE LOOKED AT AGAIN. THE BYPASS LANE WOULDN'T BECAUSE THOSE THOSE ENTRANCES AND EXITS ARE ALREADY THERE. YES THERE'S ALREADY THERE'S AN EXISTING TIRE SHOP THERE AND A CAR WASH THERE. HERE WE GO. RIGHT HERE ON THE OTHER SIDE OF THE OF THAT BUILDING. THERE'S AN ENTRANCE FOR A CAR WASH. SO CAN I ADD JUST ONE OTHER THING? MAYBE SOMETHING THAT MIGHT HELP. THE CONCERN IS THERE'S ACTUALLY TWO EXITS OFF OF 26. WHAT IF WE WERE TO LEAVE THAT OTHER ONE OPEN, WHICH WOULD ALLOW A LOT OF PEOPLE TO COME OUT AND EXIT ON 26, AND THEY COULD EITHER GO SOUTH OR WEST TO MAKE IT RIGHT. IF WE WERE TO ABLE TO LEAVE BOTH OF THOSE OPEN, I THINK THAT WOULD ALLEVIATE A LOT OF YOUR PROBLEMS THERE, BECAUSE NOW IT GIVES TWO EXITS VERSUS JUST ONE GOING ON TO UNIVERSITY. AND GOING BACK TO WHAT MICHAEL WAS SAYING ABOUT THE BYPASS, WE'RE SEEING MORE OF THIS NOW. AND THAT WOULD CREATE NOT A BYPASS LANE, BUT IN A SENSE ANOTHER EXIT, AN EXIT TO AT LEAST RELIEVE SOME OF THAT. AND THAT WOULD GIVE IT TO YOU. AND THAT'S ACTUALLY ALREADY THERE. IT'S JUST DRAWN IN RIGHT THERE SOLID. SO WE WOULD JUST HAVE TO REDO THAT DRAWING AND LEAVE IT OPEN. AND THAT WOULD FIX EVERYTHING AND THEN EMPTY IT OUT OVER HERE INTO THE SOUTH SIDE IF POSSIBLE. OR IT JUST. NO. SO IT WOULD EITHER THEY WOULD EXIT OUT ON UNIVERSITY OR THEY COULD JUST TURN AND JUST GO ON TWO DIFFERENT DIRECTIONS OUT ON THE 20. SO IT WOULD ALLEVIATE THE, THE I GUESS THE EGRESS OUT OF UNIVERSITY. RIGHT. CORRECT. SO ANOTHER OUTLET. ANOTHER OUTLET. JUST ANOTHER OUTLET. THEY'D PROBABLY TAKE 26 AND THEN GET ON UNIVERSITY AGAIN IF YOU LEFT BOTH OF THOSE OPEN. I MEAN THAT'S, THAT'S THAT'S A STORE RIGHT. THAT'S THAT'S CONGESTION. THE ONLY THING IS THAT REALLY DOESN'T HAVE TO LIKE WE'RE TALKING ABOUT THE BYPASS. YEAH. YEAH. BECAUSE WHAT WE'VE SEEN LIKE IN THE MCDONALD'S IS AND WHICH I DON'T UNDERSTAND, BUT TO EACH ITS OWN, RIGHT. WE HAVE PEOPLE EXITING MCDONALD'S THROUGH UNIVERSITY. YES. WITH THEIR FOOD ALREADY IN HAND. AND THEN THEY'RE TRYING TO GO AGAINST THREE LANES. YES. AND I'VE SEEN A COUPLE OF ACCIDENTS. THEY'RE TRYING TO CROSS THREE LANES TO GET INTO WEST UNIVERSITY. YEAH. AND IT'S YOU KNOW, IT'S ONE OF THOSE THINGS THAT LITTLE CAESARS WE'RE EXITING UNIVERSITY. WE HAVE TRAFFIC GOING SUPER QUICK BECAUSE THAT GREEN LIGHT JUST TURNS. SO EVERYBODY'S RUNNING THAT WAY. AND THEN WE'RE GOING TO HAVE CERTAIN CITIZENS THAT ARE GOING TO GO THREE LANES AGAINST THE GRAIN, TRYING TO GO EAST UNIVERSITY, I MEAN, WEST UNIVERSITY. AND I THINK THAT WOULD REALLY HELP HAVING THAT EXTRA EXIT THROUGH THAT OPEN THAT WOULD HELP. THEN YOU COULD ACTUALLY GO OUT THROUGH 26 AND AROUND, IF YOU HAD TO GO AND GO BACK EXACTLY ON THE FRONTAGE ROAD TO HEAD TO HEAD NORTH LANE, BEING THE ACTUAL STOP SIGN TO EXIT AND ENTER THE. YEAH. SO SO WE'RE CONSIDERING OPENING UP THAT OTHER LANE ON 26TH STREET'S 26TH AVENUE. WE WOULD HAVE TO HAVE OUR TRAFFIC ENGINEER LOOK AT IT AND OUR CIVIL ENGINEER, BECAUSE WHAT I'M SEEING RIGHT HERE IS THE DISTANCE FROM THE CORNER THERE OR THE INTERSECTION OF UNIVERSITY DRIVE, IF THAT IS ENOUGH CLEARANCE. AND OF COURSE, OUR TRAFFIC ENGINEER WOULD HAVE TO DETERMINE THAT. HE'S SAYING IT'S ALREADY AN OPEN ONE. THEY'RE JUST CLOSING IT. IT'S ALREADY OPEN. WE JUST DREW IT UP. IT MAY BE ALREADY OPEN, BUT FOR THIS DEVELOPMENT, FOR THE DEVELOPMENT THAT WE'RE TALKING ABOUT, BECAUSE THAT COULD BE EXISTING NONCONFORMING FOR THIS DEVELOPMENT, FOR THIS DEVELOPMENT, WE WOULD HAVE TO HAVE A SITE PLAN REVIEW BY THE BY THE FIRE DEPARTMENT, THE PLANNING DEPARTMENT, BY ENGINEERING, HAVE OUR TRAFFIC ENGINEER TO LOOK AT IT BECAUSE OF THE CORNER CLEARANCE THAT HAS EXISTED AT THAT LOCATION. THANK YOU. MR.. ANY OTHER QUESTIONS? NO, SIR. THANK YOU FOR CHOOSING US, EDINBURG, TO TRY TO PUT A LITTLE CAESARS UP THERE. I'M GOING TO TRY TO SEE HOW WE LOVE OUR EDINBURG LOCATION ALREADY. SO YEAH, IT'S IT'S ONLY OVER THERE. [00:55:02] SO YES, IT IS ON THE EAST SIDE. YEAH. EAST SIDE. STRONG SIDE. THANK YOU SIR. THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT? I HAVE ONE MORE QUESTION FOR MISS LONGORIA. I'M SORRY TO MAKE YOU COME UP AGAIN, MISS LONGORIA. DO YOU SEE ANY WAYS TO MITIGATE THE LACK OF THE BYPASS LANE? IN OTHER WORDS, IS THERE MAYBE SOME POSSIBLE, YOU KNOW, AN EXIT THROUGHOUT THE THE LANE MAYBE THAT CAN BE ENGINEERED IN OR ANY MITIGATION? SO YOU WOULD HAVE TO REALLY SIT DOWN AND KIND OF LOOK AT IT AND, AND KIND OF PLAY WITH THE, WITH THE DESIGN A LITTLE BIT. WE HAVE ASSISTED OTHER DEVELOPMENTS ON SEVERAL OCCASIONS TO KIND OF REDEVELOP THERE OR KIND OF MOVE THEIR SITE TO KIND OF GET THE BEST CASE SCENARIO FOR, FOR TIGHT SPACES. WE COULD LOOK AT IT IF YOU'D LIKE. IN REGARDS TO THE DRIVEWAYS. USUALLY WHEN YOU HAVE A CHANGE OF LAND USE THE DRIVEWAYS COME INTO INTO REVIEW. SO WE WOULD REVIEW THE DRIVEWAY AND WE ALWAYS TRY TO KEEP A CORNER CLEARANCE. JUST A LITTLE EXPLANATION ON ON ON WHERE WE THE I GUESS THE THE PHILOSOPHY BEHIND DRIVEWAYS YOU TRY TO KEEP IT AWAY FROM IN THIS CASE, PEOPLE TURNING OFF OF THE MAIN ROAD AND PEOPLE TRYING TO MAKE THAT LEFT TURN ONTO THE ONTO THE STREET. SO YOU TRY TO PULL IT AS FAR BACK AS POSSIBLE, YOU KNOW, SO YOU CAN MAKE THAT LEFT TURN OUT. BUT LIKE I SAID, WE COULD WE COULD WORK WITH THE, WITH THE ENGINEER AND, YOU KNOW I GUESS YOU SAID COME UP WITH THE BEST CASE SCENARIO FOR, FOR THE SITE. BECAUSE I THINK ALL OF US WOULD LOVE TO MAKE THIS WORK ALONG WITH THE OTHER DEVELOPMENT, TOO. IT'S JUST ALSO CONFORMING TO THE CURRENT CODE AND NOT CREATING ANY SAFETY ISSUES. AND THAT'S KIND OF ONE OF THE THINGS THAT COMES INTO PLAY WHEN YOU HAVE OLDER DEVELOPMENTS AND NEW DEVELOPMENTS WHERE SOMETHING HAS HAS BEEN USED BEFORE. AND, AND I THINK YOU MENTIONED THE WHATABURGER THE WHATABURGER MIGHT HAVE BEEN BUILT LONG BEFORE THESE THESE PHILOSOPHY CHANGES. TRAFFIC PHILOSOPHIES CHANGED A LOT HERE IN THE, YOU KNOW, THE LAST 20 YEARS THAT YOU KNOW, SO YOU'LL HAVE YOU'LL HAVE IDEAS CHANGE AND BY THE TIME THE, THE CITIES, YOU KNOW, CATCH UP TO THOSE NEW IDEAS, YOU KNOW, CERTAIN THINGS HAVE ALREADY BEEN BUILT. SO YOU WILL SEE LITTLE ISSUES, YOU KNOW, WITH, WITH SOME OF THESE, THESE DEVELOPMENTS, LIKE YOU'VE POINTED OUT AND SOME OF THEM. THANK YOU, MISS LONGORIA. THANK YOU. ANY MORE QUESTIONS OR COMMENTS FROM THE BOARD? ANY MORE QUESTIONS OR COMMENTS FROM THE PUBLIC? IF NOT, I'LL GO AHEAD AND CLOSE PUBLIC COMMENTS AND ASK THE BOARD FOR A MOTION. LIKE WITH SOME OF THE RESTRICTIONS. WE SEE THE REPORT. I'D LIKE TO ASK MR. ACEVEDO QUESTION. CAN WE, I GUESS, WHAT'S THE BEST WAY? WE'D LOVE TO PROVIDE AN ANSWER RIGHT NOW, BUT WE ALSO DON'T WANT TO DENY THE REQUEST. RIGHT. WHAT IS THE BEST? CAN WE TABLE THIS AND HAVE THE TRAFFIC ENGINEER SIT WITH THE PROPERTY OWNER TO TRY TO SEE IF THERE'S ANY MITIGATIONS, ANYTHING THAT CAN BE IMPLEMENTED TO REDUCE CONGESTION, TO REDUCE SAFETY ISSUES AND SOLUTION TO THE BYPASS THAT THAT WE WERE JUST TALKING ABOUT ALSO, WHICH I KNOW THAT'S WHAT THE VARIANCE IS. THAT'S WHAT WE'RE HERE FOR. BUT WE COULD BUT AT THE END OF THE DAY, I DON'T THINK IT'S GOING TO CHANGE IF WE TABLE IT AND BRING IT BACK NEXT MONTH, I THINK WE'RE STILL GOING TO BE LOOKING AT TWO THINGS A VARIANCE ON WHETHER THE BYPASS LANE IS REQUIRED OR NOT, AND THE STACKING REQUIREMENTS. OKAY. I THINK THE LOTS THAT WE SAW HERE TONIGHT ARE KIND OF SMALL. LOTS. BOTH OF THEM ARE KIND OF SMALL LOTS. SO THAT'S WHY THEY'RE NOT ABLE TO GIVE YOU EVERYTHING THAT THE CITY IS REQUIRING, THUS THE NEED FOR VARIANCE. OKAY. VERY WELL. AND MR. AZEVEDO, IF APPROVED, THEY'RE STILL GOING TO GO THROUGH THE PROCESS, JUST LIKE MR. FARLEY SAID. CHECK WITH ENGINEER, TRAFFIC ENGINEER, TXDOT, THE WHOLE NINE THAT GOES ALONG WITH THOSE PERMITS FOR THAT PARTICULAR. [01:00:03] RIGHT. OKAY. NOW, ONE OF THE THINGS THAT I LEARNED HERE TONIGHT IS THAT THE ENGINEERING STANDARDS MANUAL AND THE UDC DON'T REALLY JIVE, SO WE NEED TO FIX THAT. OKAY. SO WE WOULD LET'S SAY WE WERE THERE'S JUST MORE STRINGENT. SO WE NEED TO GO WITH THE MORE STRINGENT ONE. OKAY. OKAY. YEAH IT'S TRUE TODAY. SO LIKE MIKE SAYS YOU KNOW WE'RE FOR THAT. WE WE LOVE THE IDEA OF NEXT TO WENDY'S ALSO. BUT THAT'S SOMETHING THAT'S OUT OF OUR REACH WHICH IS THE THE CCR ISSUE. CCR IS THERE FOR THAT NEIGHBORHOOD. BUT IN THIS CASE IT'S MAINLY FOR THE SAFETY. BUT YEAH. OKAY. SO SO LET ME GO AHEAD AND ASK. I GUESS I NEVER OPENED PUBLIC COMMENTS AGAIN. RIGHT. SO I GUESS THERE'S NO REASON TO CLOSE IT, BUT I'LL ASK THE BOARD FOR A MOTION AGAIN, A MOTION TO APPROVE REQUEST. I HAVE A MOTION FOR APPROVAL FROM MR. VAZQUEZ. IS THERE A SECOND? SECOND? THE MOTION. HAVE A SECOND FROM MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO ITEM SEVEN, C SEE REQUEST BY JULIA OR JULIA CUEVAS FOR A VARIANCE TO THE CITY OF EDINBURG DEVELOPMENT CODE TO ALLOW AS FOLLOWS. TO HAVE AN ON SITE SEWAGE FACILITY FOR A PROPOSED HOME INSTEAD OF CONNECTING TO THE [C. Request By Julia G. Cuevas Guerra for a Variance to the City of Edinburg Unified Development] PUBLIC SEWER SYSTEM AT TEX-MEX SURVEY LOT 12, BLOCK 244 .75 ACRE GROWS 4.68 NET ACRE NET. HIDALGO COUNTY, TEXAS, LOCATED AT 3310 WEST ROGERS ROAD. SO WE TAKE A LOOK AT THE SITE PLAN HERE. SO THE APPLICANT IS PROPOSING TO BUILD A HOME AT THIS LOCATION. IT SITS ABOUT 600FT BACK FROM ROGERS ROAD, AND THEREFORE THE APPLICANT IS REQUESTING A VARIANCE TO THE UDC AS IT APPLIES TO REQUIREMENTS FOR SANITARY SEWER. THE APPLICANT IS PROPOSING TO UTILIZE AN ON SITE STORAGE FACILITY, WHICH WHICH IS THE SEPTIC TANKS, RATHER THAN CONNECT TO THE PUBLIC SANITARY SEWER SYSTEM. SO THIS PROPERTY IS LOCATED ON THE SOUTH RIGHT OF WAY LINE OF WEST ROGERS ROAD. THE PROPERTY IS ZONED RESIDENTIAL SUBURBAN DISTRICT, SUBURBAN RESIDENTIAL SUBURBAN DISTRICT IN ALL DIRECTIONS AND BOUNDED ON THE NORTH BY WEST ROGERS ROAD. SO THIS PROPERTY IS PART OF THE TAX MAX SURVEY. AND THAT'S INTERESTING BECAUSE IT'S NOT A PLATTED PARCEL OKAY. IT'S NOT A LOT OF RECORD AND THAT'LL COME INTO PLAY LATER. BUT I JUST WANT TO BRING THAT OUT AT THIS TIME. SO THE APPLICANT IS PROPOSING TO BUILD A HOUSE AND SUBMITTED A SITE PLAN INDICATING THE LOCATION OF THE PROPOSED HOME. SO THE WAY HE'S ABLE TO BUILD THE HOUSE ON AN UNPLATTED PARCEL IS THAT HE APPLIED FOR AND RECEIVED A CERTIFICATE OF COMPLIANCE FROM THE CITY, THEREBY ALLOWING HIM TO BUILD A HOME, A RESIDENTIAL HOME, WITHOUT GOING THROUGH THE PLANNING PROCESS. ALSO THE APPLICANT INTENDS TO USE AN ON SITE STORAGE FACILITY. SEPTIC TANK FOR THE NEW HOME INSTEAD OF TYING IN TO THE CITY SYSTEM. SO STAFF MAILED THESE NOTICES OUT TO THE NEIGHBORING PROPERTY OWNERS, AND WE DID RECEIVE ONE COMMENT IN FAVOR AND TWO COMMENTS AGAINST THIS REQUEST. SO A LITTLE BIT OF THE ANALYSIS HERE. THIS PROPERTY HAS ALMOST FIVE ACRES. 4.75 ACRES. AND ACCORDING TO THE UNIFIED DEVELOPMENT CODE, ALL USES SHALL BE REQUIRED TO BE SERVED BY PUBLIC SANITARY SEWER SYSTEMS. HOWEVER, THERE IS AN EXCEPTION. AN EXCEPTION IS ALLOWED FOR ON SITE SEWER SYSTEM. IF THE LOT IS MORE THAN 400FT FROM A REASONABLE ACCESSIBLE SEWER SYSTEM. HOWEVER, THIS LOT IS APPROXIMATELY 170FT AWAY FROM THE CITY OF EDINBURGH SEWER LINES, WHICH IS LOCATED ON THE SOUTH SIDE OF WEST ROGERS ROAD, AND THIS PROPERTY DOES NOT QUALIFY FOR THIS EXCEPTION. SO THEREFORE, TAKING ALL THAT INTO CONSIDERATION, STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST. HERE AGAIN, IF APPROVED, THEY WOULD HAVE TO PAY A RECORDING FEE AND MEET ALL APPLICABLE REQUIREMENTS AND ONE REQUIREMENT, IF IT IS APPROVED, IT WOULD HAVE. THEY WOULD HAVE TO SUBMIT A SITE PLAN THAT IS APPROVED AND STAMPED BY A REGISTERED SANITARIAN. THANK YOU. MR.. I HAVE A QUESTION, MR.. FARLEY. LET ME OPEN UP THE ITEM FOR PUBLIC COMMENT. OKAY. SO AT THIS TIME, I'LL OPEN THE ITEM UP FOR PUBLIC COMMENTS. GO AHEAD, MR. GARZA. YES. MR. FARLEY FIRE DEPARTMENT. HAVE THEY BEEN OUT THERE? HOW ARE WE DOING WITH THE FIRE HYDRANT SITUATION? OH, YES. WE MET. GOOD QUESTION. WE MET WITH THE FIRE DEPARTMENT TODAY, OUR FIRE MARSHAL, AND HE'S PRESIDENT. HE CAN ANSWER THOSE QUESTIONS FOR YOU. OKAY. THANK YOU. HELLO. [01:05:07] HOW ARE YOU DOING? THIS IS ANTHONY ROJAS, FIRE MARSHAL. SO I DID LOOK AT THE SITE, AND THE HOUSE IS BEING PROPOSED AT 600FT DEEP INTO THE PROPERTY. THE CLOSEST FIRE HYDRANT IS GOING TO BE 200 APPROXIMATELY 200FT TO. I BELIEVE IT WAS TO THE WEST ON. I DON'T REMEMBER THE STREET NAME. LOCATED RIGHT HERE ON THIS PARTICULAR. IT IS. IT IS ON THE CORNER AND IT WILL BE ACCESSIBLE. IT'S JUST IT WILL BE ABOUT 800FT FROM THE RESIDENCE WHEN THE PROPOSED RESIDENCE IS BUILT. THAT WOULD BE THE DISTANCE. THANK YOU, MR. ROJAS. THANK YOU. MR. FARLEY, YOU MENTIONED THAT THE FACT THAT IT WASN'T PLATTED, RIGHT. IT'S NOT PLATTED. SO IN ORDER TO BUILD A HOME ON AN UNPLANTED PARCEL. THEY CAN APPLY FOR AND RECEIVE A CERTIFICATE OF COMPLIANCE FROM THE CITY, WHICH THEY DID. SO THIS ALLOWED THEM TO BUILD BUILD A RESIDENTIAL HOME WITHOUT GOING THROUGH THE PLANNING PROCESS. IS THE APPLICANT HERE? WOULD YOU LIKE TO APPROACH THE PODIUM, SIR? HI THERE. MY NAME IS SARAH AND I'M HERE TO TALK ON BEHALF OF JULIA CUEVAS, WHO'S NOT HERE. SHE'S RIGHT NOW SHE'S TEACHING IN ARIZONA. SHE'S A PROFESSOR AT UTRGV. AND SO WE WANT TO BUILD IN, IN THAT AREA. I DID BRING THREE LETTERS OF SUPPORT. I HOPE THEY ARE HERE. AND SO WE JUST WANT TO BUILD OUR HOME THERE, AND SO WE'RE JUST ASKING. IT'LL BE EXTREMELY EXPENSIVE TO RUN THE SEWER LINE FROM WHERE CURRENTLY IT'S AT. TO OUR PROPERTY LINE. AND THUS SAYING THAT WE'RE GOING TO HAVE TO RUN THE SEWER LINE 600FT IN AS WELL. AND THAT WILL BE AN EXTRA COST TO TO US. AND SO THAT'S WHY WE'RE ASKING FOR THE VARIANCE AND WE HOPE WE CAN GET IT. THANK YOU. THANK YOU SIR. I HAVE A QUESTION SIR. YES. IS THERE A REASON I KNOW EVERYBODY HAS A PREFERENCE? WHY 600FT INTO YOUR PROPERTY, ASIDE FROM MAYBE BEING CLOSER JUST TO. NOT REALLY. WE'RE JUST THINKING THAT THAT WOULD BE THE BEST AREA FOR US TO, TO TO COMPLETE. AND SHE WANTED A OAK ALLEY. AND SO AFTER THE OAK ALLEY THAT'S WHERE WE'RE THINKING ABOUT BUILDING. SO, I MEAN, SHE JUST WANTED AN OAK ALLEY. AND SO THAT'S WHAT WE'RE DOING. SO YOU'RE LIKE OAKS OR SEWER OR SEWER SYSTEM? YEAH. YEAH. THERE'S GOT TO BE ONE OR THE OTHER. YEAH. SO, I MEAN, BECAUSE SHE WANTED THE OAK ALLEY. SO AFTER THE OAK ALLEY, THAT'S WHERE. WHERE THE PROPERTY. WE'RE THINKING ABOUT BUILDING OUR HOME THERE. SO. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. THANK YOU. YEAH. I DO HAVE ONE QUESTION. HAVE YOU FOUND OUT WHAT THE COST WOULD BE? HAVE YOU HAD A MORE OR LESS. YES. WE SUBMITTED AN ESTIMATE TO THE CITY. IT WOULD BE AROUND ABOUT $25,000 FOR THE. AROUND MORE AND MORE OR LESS. OKAY. THANK YOU. THANK YOU, THANK YOU, THANK YOU, THANK YOU. IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO MAKE A COMMENT? I DID JUST WANT TO ADD ONE ADDITIONAL THING. SO RIGHT HERE IS WHERE THE EXISTING MANHOLE IS ON THIS PARTICULAR LOT, MORE OR LESS IN THIS LOCATION. SO IN ORDER TO EXPAND THE SEWER SYSTEM WITHOUT GOING INTO THE RIGHT OF WAY HERE, THEY PROBABLY WOULD NEED TO ACQUIRE EASEMENTS ON THESE TWO LOTS IN ORDER TO GET THROUGH THEIR PROPERTY HERE WITH THE SANITARY SEWER LINE. THANK YOU, MR. FARLEY. SO THIS THIS LOOKS LIKE TO BE A TRUE HARDSHIP ON THIS PROPERTY, WHICH IS ONE OF THE BASES THAT WE SHOULD USE TO MAKE DECISIONS. MR. FARLEY, I HAVE A QUESTION. SO I KNOW STAFF IS RECOMMENDING DENIAL OF THIS ITEM, BEING THAT WHAT ARE THE DISADVANTAGES? I GUESS I WANT TO SAY ABOUT HAVING THE SEPTIC TANK IN THE CITY, ASIDE FROM HAVING THE SEWER OR WHAT IS MORE OF THE BACKGROUND BEHIND THAT DENIAL, JUST. WELL, I'LL PROBABLY HAVE TO GET OUR CIVIL ENGINEER TO ANSWER THAT QUESTION, BUT I DID JUST WANT TO BRING UP THAT ALL OF THE PROPERTIES IN THIS PARTICULAR AREA ARE ON SEPTIC. THEY'RE ON SEPTIC? YES, SIR. THEY ARE. AND FOR THAT QUESTION, I'M GOING TO CALL PETER TO THE FRONT, [01:10:04] PLEASE. THANK YOU. PETER. FOR THE RECORD CITY ENGINEER. GOOD EVENING. BOARD. THE ISSUES. WELL, I GUESS THE ISSUES WITH THE HAVING A SEPTIC TANK ON SITE, OBVIOUSLY IT'S GOING TO BE OBVIOUSLY IF YOU HAVE ANY ISSUES WITH ANY LEAKAGE GOING INTO THE SITE AS WELL, AND REPARATIONS TO THE SEPTIC TANK ITSELF. I KNOW A LOT OF THE TIMES THEY HAVE TO BE CERTIFIED AS WELL. THAT'S THE GENERAL UNDERSTANDING FOR THE INSTALLATION OF SEPTIC TANKS. OBVIOUSLY THEY ALSO HAVE TO BE MAINTAINED AND IF NOT PROPERLY MAINTAINED, THEY CAN BACK UP. AND OBVIOUSLY YOU ALSO HAVE TO PROVIDE DRAIN FIELDS THAT DO HAVE TO GO INTO THE YARD AS WELL. IF THERE'S ANY OTHER ISSUES WITH THAT ASPECT OF THE OF OF SEPTIC TANKS ON SITE WITHIN THE CITY. CURRENTLY RIGHT NOW, YOU KNOW, WE'RE WHEN IT COMES TO BEING IN THE CITY, USUALLY, AS OF RIGHT NOW, WE'RE STILL WORKING ON TRYING TO GET THAT ASPECT GOING ALONG FOR HAVING A SEPTIC CERTIFICATION ON OUR SIDE. AS OF RIGHT NOW, THE DEVELOPERS WOULD HAVE TO BE GETTING THAT PRIVATELY ON ON THEIR TO GET A THIRD PARTY TO GET IT CERTIFIED IN THIS CASE. OKAY. I HAVE A QUESTION, PETER. SO BASED ON THIS AREA RIGHT NOW THAT WE'RE LOOKING AT CONTAMINATION WISE OR SOMETHING, DO YOU SEE IT BEING CLOSE TO OTHER THINGS WHERE IT'S A LITTLE MORE OF A HAZARD OR IT'S I SEE IT MORE AS A COUNTRY LAND OR MORE OF A FARM TYPE LAND. I JUST, YOU KNOW, I DON'T KNOW IF YOU COULD ANSWER THAT, BUT, YOU KNOW, BASED ON THAT AREA, DO YOU SEE IT BEING BEING A BIGGER ISSUE FOR SEPTIC TANK, ALTHOUGH OTHER PROPERTIES ALREADY HAVE SEPTIC THERE. SO PROBABLY ADJACENT. YEAH. SO RIGHT NOW I MEAN T-C-E-Q DOES ALLOW FOR, YOU KNOW, THE HALF ACRE. AND THIS PROPERTY APPEARS TO BE MEETING THAT REQUIREMENT. THERE'S A CRITERIA. SO USUALLY SEPTIC TANKS ARE NOT MEANT TO BE CERTAIN. SO MANY FEET FROM A FROM A FROM A WATER SOURCE. A LOT OF THE TIMES IN THIS CASE IT'S GOING TO BE ALONG ROGERS ROAD. SO THERE DOESN'T APPEAR TO BE ANY ISSUES OR ANY HAZARDS FOR BASED ON WHAT TCDC REQUIRES. THANK YOU SO MUCH. SO THAT BEING SAID, WHAT PETER JUST BROUGHT OUT. SO IF IF THE BOARD FAILS TO APPROVE THIS VARIANCE, THEN WE WOULD ASK THAT CONTINGENT THAT A SITE PLAN BE PROPOSED AND APPROVED BY A REGISTERED SANITARIAN AND LOOKED OVER THE FIRE DEPARTMENT AND ALL THOSE DEPARTMENTS. THANK YOU, MR. FARLEY. THANK YOU. PETER. OKAY. IS THERE ANY OTHER COMMENTS OR QUESTIONS? IF NOT, I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTION TO THIS ITEM, AND I'LL ASK THE BOARD FOR A MOTION. I MOTION TO APPROVE. I HAVE A MOTION FOR APPROVAL. SECOND. I HAVE A SECOND FROM MR. ALMAGUER. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO ITEM EIGHT. ATTENDANCE. ROSTER. MR. AZEVEDO, DO WE HAVE TO? IS THERE ANYTHING TO GO OVER ON THE ATTENDANCE ROSTER? NO, JUST THAT WE HAVE A VACANCY THAT HASN'T BEEN FILLED. [8. INFORMATION ONLY] AT THE LAST CITY COUNCIL MEETING OR THE PRIOR ONE? IT WAS IT WAS ENACTED ON. SO IT WILL BE BROUGHT UP AT THE NEXT CITY COUNCIL MEETING. HOPEFULLY. YES, SIR. THANK YOU. ITEM NINE ADJOURNMENT. CAN I GET A MOTION TO ADJOURN THE MEETING? SO MOVED. SECOND. MOTION FOR APPROVAL. AND A SECOND. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MEETING ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.