foreign [Music] [Music] [Music] [Music] foreign [Music] foreign [Music] foreign foreign [Music] foreign [Music] [Music] foreign [Music] [Music] thank you [Music] foreign [Music] [Music] foreign foreign [Music] foreign [Music] foreign [Music] foreign foreign [Music] foreign foreign [Music] [Music] foreign [Music] [Music] welcome everyone and thank you for joining us today this is the September 13th meeting of the city plan commission uh that being said I know we'd rather be outside enjoying the pretty weather so let's get started and Stuart I'll call on you to read announcements please all right Mr chairman thank you very much good morning everyone and welcome to the September 13 2023 in person and teleconference meeting of the Fort Worth City plant Commission the commission meets monthly and open sessions to conduct public hearings on advertised cases we are meeting using WebEx software application which allows two-way communication for members of the public although members are not gathered in a central physical location we do have a quorum and attendance today I'm proud to announce that we have all Commissioners are in person today so it's it's awesome specific rules and procedures governing these hearings include the city subdivision ordinance City plan commissions rules regulations and bylaws and related provisions of the Texas state law the commission's primary responsibilities are to review and act upon subdivision plan and plants Street and Alley right-of-way vacations and closures annexations comprehensive planning and other Land Development issues affecting the city and its extra-territorial jurisdiction the commission is made up of nine Fort Worth citizens each of whom is appointed by city council a quorum of six of the nine members must be present in order to conduct the commissioned business today we have nine members present therefore the hearing May proceed selected or CD at the center of the table is Mr Don born chairman City plan commission other Commissioners president include commissioner Tidwell commissioner Henderson commissioner Dryden commissioner melchorus commissioner miles commissioner Hamilton commissioner shock and commissioner Graham the assisting staff members today are Lynn Jordan Alex Parks Lindsay Messa my name is Stuart Campbell I'll be the 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 website the staff reports have been compiled from the city's development Review Committee to inform the commission and applicant of city code requirements and technical issues associated with the cases to be heard today's public hearings are being documented by cable television and streamed on the internet to achieve an orderly And Timely hearing we request that you observe the following rules of procedure all teleconference participants will be muted when not speaking in order to avoid any potential background noise as cases are called applicants and other in support of the cases will be asked to present their testimony first for a total of five minutes opposing testimony will follow will be given a total of seven minutes the applicant will be allowed two minutes for rebuttal each side will be allocated a total of seven minutes for initial presentation like to pause here for a minute those of you that are coming to the podium please make sure you fill out a green speaker registration form we have them here at the Dias we also have them outside on the table that'll give us a record you spring up to the podium that'll give us a record of who you are and and what you're speaking about when you come to the podium clearly state your name and City prior to addressing the commission all dialogue will occur only between the speaker and the commission upon the Chairman's official closure of the case the commission will remain an open session to discuss and vote upon the case no further public testimony or commentary commentary will be allowed be advised that the commission's decision on planning matters is final action on other docket item constitutes a recommendation to city council if you need additional information on a particular case please contact our office thank you for your attention Mr chairman the commission's first order of business is the approval of the minutes of the August 23rd meeting thank you very much Stuart Commissioners if you've had an opportunity to review the minutes from the August 26th meeting I'll entertain a motion at this time Mike motion we approve the minutes I have a motion for approval by commissioner Dryden do I have a second okay I have a second by commissioner melkors all in favor please signify by saying aye opposed that is unanimous thank you all right thank you Mr chairman so we'll move on to new cases the first item on today's agenda is a final plat this is FS 23 155 Mary Curry Edition lot one two and three block one before you today is a waiver request this Splat contains three single-family detached residential lots it's located in the etj in Tarrant County the applicant is requesting and DRC is recommending one approval of a subdivision ordinance waiver to permit a lot to be served by a conventional septic and aerobic sanitary Disposal system with a net acreage of 0.776 Acres instead of the required one acre net second waiver is to approve a subdivision ordinance waiver to allow two lots lots two and three block one located in the egj that do not meet the required 100 foot minimum lot width for residential lots greater than ten thousand square feet and three conditional approval of the final plat upon meeting the comments in the staff report thank you very much Stuart and uh for all in attendance I would like to take just a moment and backtrack we have a item on the agenda to honor an outgoing commissioner who could not be with us today so that will be postponed the next our next meeting however I would like to take the opportunity to welcome a brand new commissioner for this Council District Seven uh commissioner Anderson Lee Anderson is a a long time advocate here in Fort Worth so welcome Lee thank you for joining us today that being said is the applicant for FS 23155 here in attendance Marshall Miller is actually on um online all right Marshall can you hear us I can great welcome Mr Miller thank you sir Marshall you want to go ahead and introduce yourself sure sure my name is Marshall Miller I'm the surveyor for this subdivision um and um uh here to you know entertain any questions I may have regarding these two waivers as ever stated Commissioners do we have any questions for the applicants okay um I see none sir it's a fairly straightforward uh plat okay is there anyone else to speak on FS 23155 I have no other registered speakers thank you very much for joining us today Mr Miller okay thank you I'll go ahead and close the public hearing at this point Commissioners I'll entertain discussion or emotion move approval FS 23155 okay I I have a motion by commissioner miles for approval of FS 23155 and a second by commissioner Dryden uh if you'll call the vote please do it commissioner Tidwell how do you vote Yes commissioner Henderson how do you vote Mr Dryden how do you vote Yes Commissioner of melkors how do you vote Yes commissioner miles how do you vote Yes commissioner Hamilton how do you vote Yes commissioner shock how do you vote Yes commissioner Graham how do you vote Yes chairman Boren how do you vote Yes motion carries unanimous okay next item on the agenda is uh final plat FS 23 177 JPI Ederville Edition this is Lots one and two block one for you today as a waiver request this is one multi-family lot and one billboard lot the applicant is requesting and DRC is recommending approval of one subdivision ordinance waiver to not require lot two block one to have a minimum of 100 feet of Frontage onto a public access easement as the primary means of access and two conditional approval of the final plat upon medium planning comments in a staff report is the applicant present elected would you like to hear it okay well why don't you come down introduce yourself and just say that okay uh your name and City please sir Jared Ernie Fort Worth okay and you represent the applicant correct can we horn the civil engineer got it okay thank you be sure and fill out a green form for the uh record please absolutely okay just turned in up here thank you Commissioners do we have any questions to the applicant okay I see none thank you very much appreciate you being here uh is there anyone else to speak on FS 23177 the billboard right-of-way I see none again this is a fairly straightforward situation so I'll close the public hearing and commissioner Dryden I believe this is in Council District Five I'll entertain a motion I make a motion we approve fs23177 one and two okay I second by okay commissioner Graham motion by commissioner Dryden with the second by commissioner Graham for approval of both waivers uh conditional approval and Stuart if you'll call the vote please okay commissioner Tidwell how do you vote Yes commissioner Henderson how do you vote Yes commissioner Dryden how do you vote Yes commissioner melkors how do you vote Yes commissioner miles how do you vote Yes commissioner Hamilton how do you vote Yes commissioner shock how do you vote Yes commissioner Graham how do you vote Yes chairman Bourne how do you vote Yes motion care is unanimous next item on the agenda this is a master thoroughfare plan Amendment this is mt23009 this is Fleming Ranch Road MTP Amendment this is a massive thoroughfare plan Amendment to request a reduction in a right-of-way cross-section for a portion of Fleming Ranch Road the applicant is requesting DRC is recommending approval of the MTP amendment to request the realignment and the reduction of the cross-section of a portion of Fleming Ranch Road from boat club Boat Club Road to the northern boundary of the preliminary flat PP 22052 which is North Point West is the applicant president yeah Landon King 301 7 West 7th um with LJ engineering as the applicant so I'm obviously here to answer any questions you'll have on um you know what the request is um you know so happy to be here and thank you all for your time thank you Mr King Commissioners um is there any questions for the applicant commissioner Henderson any questions okay again I think it's fairly straightforward okay thank you very much sir thank you uh is there anyone else in attendance to speak in support or opposition of FS 23177 sorry that's m I'm sorry mt23009 I see none so I'll close the public hearing and entertain emotion I believe that this is in Council district 7 commissioner Henderson okay I have a motion by commissioner Henderson with a second by commissioner Dryden she'll call the vote please Stuart commissioner Tidwell how do you vote Yes commissioner Henderson how do you vote Yes commissioner Dryden how do you vote Yes commissioner melchorus how do you vote Yes commissioner miles how do you vote Yes commissioner Hamilton how do you vote Yes commissioner shock how do you vote Yes commissioner Graham how do you vote Yes chairman Bourne how do you vote Yes motion carries unanimous okay next item on the agenda this is a preliminary plot this is preliminary plant pp23028 this is Hyde Ranch this is a preliminary plant that includes six industrial Lots this is a 173 acre track to land um the applicant is requesting DRC is recommending on this preliminary plant Commissioners this is a preliminary plant that we talked about during the work session so I wanted to provide you with an update on on the status of this uh the the adjoining property owner for the property that isn't impacted by the actual MTP Amendment right the MTP Amendment which is mt23008 to realign Academy Boulevard has been prior to the meeting administratively approved by staff we learned that there was a concern from the adjoining property owners as far as consent and notice we have been in contact with the adjoining property owners and they have verbally provided us with confirmation that they consent to the MTP realignment of Academy so that was the first step of what we talked about this morning Dave consented to that we don't have the written confirmation in hand if we receive that as promised then we can approve that again reapprove it administratively and we'll be comfortable we'll be whole with our MTP Amendment so how that impacts today's action is I've talked with the consultant that's here today we would like to recommend as we have in the staff report we recommend support of the preliminary plant and the waiver requests we'd like to add to this a condition of conditional approval upon a condition upon approval the preliminary flat upon the approval of that MTP Amendment so in short we'll go back and we'll we'll get the information that's been provided by the adjoining property owners to allow us to approve the MTP Amendment administratively the staff is recommending we're going to add to the motion a conditional approval of the pulmonary flat upon our approval of the MTP Amendment I hope that's not too complicated is it Commissioners do you understand the request okay okay got it okay thank you very much Stuart a is the applicant president good morning everybody my name is Brad secard from Fort Worth and I am with Peloton Westwood uh here for any questions you may have okay uh any questions for the applicant I think the actual mechanics are fairly straightforward it's just the process is what was uh in question I believe okay yes sir uh if you will fill out a green form and turn it in for the record okay thank you very much I see no questions so is there anyone else to speak on Hyde Ranch okay is is the adjoining property owner represented today and we hear from them if they're here and okay Stuart the question was is the adjoining property owner present no no they are now with us now no so I believe that the emotion that staff is requested will be contingent on approval of the MTP which I think the idea is is they are not here today to represent that we we have verbally talked with the consultant and the owner we have some verbal we we would like to condition the approval of this primary flat Upon Us verifying with the adjoining property owner they they are in fact they were buttoned up and were tight on that I I understand I I thought it would just be nice to have that on record from from them if they were here in the in the room but it's right it's not a not an obstacle we can't overcome I'm sure the applicant understands the process and and yes sir and my understanding is that they've already sent emails confirming um that they're okay okay so got it I haven't seen them yet but once that process is done then it'll be administratively approved right okay got it all right any additional comments questions Commissioners okay is there anyone else to speak let me read the motion as amended once you've given okay I'll close the public hearing and I'm going to ask staff Stewart to actually read the the motion okay yeah to um so the the motion will be amended from what you see in the staff report simply to say that drc's recommendation is one approval of one subdivision or its waiver to permit industrial zone property be to be served by a 40-foot wide Public Access easement rather than the minimum required 60 foot wide Public Access easement to conditional approval of the preliminary plant upon approval of the MTP action for Academy Boulevard which is mt23008 and three conditional approval of the preliminary plan upon meeting the planning comments in the staff report okay Commissioners you've heard the recommendation by staff uh commissioner Henderson I believe that this is in your Council District yes I move that we approve pp23028 as read to the record by staff right I I have a motion by commissioner Henderson with a second by commissioner shock okay if you'll call them we vote please Stuart Mr Tidwell how do you vote Yes commissioner Henderson how do you vote Yes commissioner Dryden how do you vote Yes commissioner melkors how do you vote Yes commissioner miles how do you vote Yes commissioner Hamilton how do you vote Yes commissioner shock how do you vote Yes commissioner Graham how do you vote Yes chairman Boren how do you vote yes thank you for joining us today motion carries unanimous all right Mr chairman that's uh the next case on the agendum this is a other matter of business this is an OMB request related to the final plat FS 23102 Alito ISD Lynn McKinney Elementary School number seven the waiver request before you today is for the applicant is requesting and the applicant is requesting approval of a subdivision ordinance waiver to allow the issuance of a building permit for Lynn McKinney Elementary School number seven without a recorded final plot DRC is recommending denial of the subdivision ordinance waiver to allow issuance of a building permit for the Lynn McKinney school number seven without a recorded funnel plan is the applicant president morning commissioner Warren members of the commission my name is Mike Wilson with TMP 5237 North Riverside Drive in Fort Worth with me today I have representatives from Aledo ISD Mr Chris Campbell Chief facility and construction officer and Dr Susan Bond the superintendent of schools backing up a little bit I want to I want to provide you a little bit of a timeline of where we started and where we are today and why we are requesting this waiver back in late 22 early 23 when we started planning for this school we realized that we needed water to be provided to the school so we coordinated and we've worked closely for the past eight to ten months with the adjacent developer Mr Kim Gill Sable development and his engineer Welch engineering in February of 23 his engineer provided a water study that included both improvements to their subdivision as well as this new elementary school this water study was reviewed and approved by the water department at the city of Fort Worth furthermore in May 1st of May the city requested we get a letter from the developer and their engineer stating that they would provide water to the school as part of the study during that time the plans were designed by Mr Mr Welch Mr Tim Welch Welch engineering those plans for the past four to five months have been going through the review and approval process and I believe those are very close to being wrapped up we initially thought those were going to be approved in August we came to you I believe in June asking for a foundation or we actually asked for a full building permit at that time we were only granted the foundation only we thought we would have those plans approved which was a condition of the final plat those plans are still in review and the CFA process so hence while we're here today in order to meet the the schedule of the school and to get open in August of 24 we need a full building permit for the contractor to not be delayed it's anticipated that we will that Mr Welch will get to a pre-con towards the end of October and then construction of the water line would occur in November December of this year if we're to wait for that to be done and approved that two-month delay will delay the school opening in August of 24. actually we need to be done in July of 24 so they can move into the school I think what time to move in furniture and all that um the uh like I said the permanent water is pending the contractor has coordinated with the fire department on vertical construction firewatch temporary firewatch full fire watch whatever is going to be required there and we understand this isn't an ideal situation ideally everything would be in place and we wouldn't even be standing here before you today but the way this will work these projects will run parallel School construction and the water line the water line will be complete well ahead of the school construction the contractor the district and tnp fully understand that we can't open the facility until we have water there we won't be granted to co they can't serve the kids that way so we understand that the other part of this and it's not in the the recommendation but we understand that the phase two urban forestry has to be approved through a waiver without a recorded plot as well so in this building permit that we're trying to get one of the items that's outstanding is the phase two urban forestry approval so in the event that we are granted this waiver we request that that be amended to the motion to include the phase two over and Forestry without a recorded plot and I'll be happy to answer any questions the Commissioners may have um well I I will say one thing just real briefly that because that is not part of these public record or this recommended we can't add that at this time uh the the urban Forest request okay that has to be a separate issue that has to be part of the public process and it's not on here so that can't be added Mr chairman just just so that's clear in order for you to amend your requested action for today you need to provide us with an opportunity to review your request and provide this body with a recommendation if you have something new that you want to add to your request for this particular final plat because the request is related to your final plan then that needs to be provided to us prior to the hearing we'll take it back to the DRC for review and we'll make a recommendation to this body so that you you can't come to the podium and amend a motion okay I understood Mr Campbell I did we've been working closely with Lawrence and Dante and Jennifer azernac and we Jennifer was supposed to get with staff prior to the recommendation being put in did that not occur uh hasn't occurred without snack now but we want to focus on today's actions as far as this body is concerned okay at this time uh Commissioners commissioner Tidwell so so since we if you're going to amend this would you prefer to come back with all of it at one time or do you want us to talk about today's water situation and then come back next time and talk about the forestry plan or yes I would prefer to uh to leave this item uh as stated on the agenda today and and work through that and then if if we need if we can't come to a resolution with staff we will come back for specifically the urban forestry okay can I I listen pretty closely to what you said and I don't know when you're gonna have water on this property can you tell me that November December of this year you will actually have water available there there's a line extension that's going from the subdivision to a line in Old Weatherford Road those plans I don't know if the water department can speak to that but I believe those plans if they're not approved they are in the final approval steps okay yes Vic please uh acting injury manager dsws so we've had some catch up speed on this project and I understand there's a communication that was sent back from Mr Welch back in March of this year about the whole water line now from what I understand that water line has been added to that project you're referring to but it's a bigger scope project not just the waterline scope right so there may be some things that maybe both parties including the water department would have to sit down and kind of work through to see what we can do to try to get the water out there quicker but uh right now the plans are still in review there may be a way to separate that component from that overall project to get you guys moving forward but we would have to have a follow-up discussion on that okay Vic um the construction plans that you're speaking of are they those are separate that's a separate entity from from his group the school correct from what I was told that 12-inch water line was added to that overall project plan set and that's what you're talking about Tim Welch and and Kim Gill so it's clear that that what he's talking about the status of construction drawings being improved this group has no control for that true technically that is correct yes we've been in constant contact with Mr Welch though but again I think there's there's there's a potential Avenue that we can look at we just have to have a follow-up discussion on that to see what we can do all right I don't mind telling you I have a significant degree of heartburn with construction ongoing without water on the site for various reasons um how far along assuming that the the waters available and and let's say November how far along would construction be at that point so they are planning to go vertical with construction um late October mid to late October so it would be and and that initial start would be non-complustible it would be ICF I would be CMU block uh the actual vertical or sorry the actual combustible material would be probably December January time frame work just to just to piggyback earlier Commissioners one thing I wanted to bring up was we we did have internal discussions if that CFA gets executed then we are amenable to release in the full bull the building permit but at this time we're not allowed to this the CFA the CFA we've had discussions about that but again like I said there's a follow-up discussion I think all parties can be involved with and we can figure out a path moving forward so even if we even if we were to approve the waivers they still couldn't get a building permit without the CFA is that right yes sir that's the community facilities agreement if right right okay and they can't get a building permit without the forestry piece is is that also that's my understanding approval of the forestry permit would also be a requirement for building permit I have no idea but that's what you said right so so the phase two plans are approved our understanding discuss uh discussing with Caleb in urban forestry is they will not they cannot release the building permit hold until they have a recorded plot yeah I think it's I think it's sequential everything everything's pending the final plot you get the final plat approved and recorded then that's it unlocks you into freedom to go do other things the concern with staff has been as we shared in in work session the um in order to get the plant to meet the subdivision ordinance requirements there are a substantial amount of things that need to be done help me understand how how many of those things are are within the CFA is the urban forestry it's outside of the CFA process so that's that's they'd have to go through a completely separate division on that yeah but the water line the water hold is on the final flat so all that Vic's talking about in terms of being able to have adequate Public Service water service for the final platted lot once all those dominoes fall then that hold can be released that hold can be released off the plant and that black can be approved Stuart I'm sorry can can you say that again I'm not okay I'm not hearing everything yeah so the right now the final plan for the School site cannot be approved because of all the things that Vic's talking about there's no water service for the final plan can't be approved without a waiver is that the waiver can't be approved until water service is provided to the lot so the waiver is to allow them to not have to finish what they've started with the final plat the waiver would allow you're going to allow them to move forward as if they had a recorded plan maybe it's a better way to put it the waiver allows them to to do it it exempts the plat requirement for a building permit to allow for them to issue a building permit right and I guess my my question is how much of this water issue is tied to the CFA if any well the overall CFA this portion of the water would mean maybe 10 percent it looks like what they did is I don't know what kind of negotiations again I stepped into this role a couple of weeks ago so I'm catching up to speed on the project but from what I understand there were negotiations to add the water line to this overall project that this overall project is part of a residential development that's adjacent to the school and that small component is was added to this overall scope of work so in order to expedite there would be potentially the the water line will be broken out of the of the other contract there's there I think there's an Avenue that we can entertain is trying to break that out of the overall plan set create its own iprc record CFA C uh CPN number to allow that water line to go to construction ahead of the other of the other improvements for the overall development side I'd I'd like to offer a suggestion and and this is your decision and I I fully understand that but because of everything we've heard here today and because it's going to have to come back with a forestry piece anyway um my suggestion would be to postpone this delay the decision until such time as we get a clearer picture of how this water situation is going to get resolved because we really don't know yet and we think it's going to get there you know pretty quickly but but we just don't know and until we can get more definitive on the water situation and and by postponing it then you can bring back the the forestry piece at the same time and anything else that that you and staff can can figure out to uh to help address some of the issues if you want us to act on it today we can that would be my suggestion okay Mr Wilson I believe we have several other speakers uh yes uh superintendent everyone thank you so much for your time my name is Susan bone I'm the superintendent of schools at Alito ISD and with me is Chris Campbell who's our chief of construction um it sounds like there's been a little changeover in some staffing at the city and so I kind of wanted to back up a little bit to talk about this tract and the development there so you could probably see on this um on this depiction here that we did develop mcanally middle school and open it within your jurisdiction actually not this school year but last school year so we developed that site using that 16 inch line on Old Weatherford Road and so as we were considering the development of this new elementary school we didn't have an understanding and perhaps that was our that was our assumption that was wrong and that we should have investigated earlier that there would be a serious issue with water so when we came to the city to have that conversation a very long time ago by the way this these these negotiations have been going for going on for many many months because we we passed the bond in May but we knew that in order to get a school on the ground you probably know that we're incredibly fast growth in Alito and we have it's very necessary for us to open the school in August next year so we were already planning to do this we actually took a school that's in Alito already so this is a prototype plan because we knew we had to shortcut the design process to make sure we could take care of kids next fall so in that conversation about water we found out from City that the developer of Morningstar was in full control of the water line the 16-inch water line along Old Weatherford Road and there simply was not any capacity for us to use that water line so we wouldn't be able to extend any lines going to or to build lines coming from mcanally middle school to provide water at this new school in McKinney Elementary so we um immediately started talking to Morningstar and and Kim Gill and Tim Welch and because and then became aware that they had been working on a water line to serve their subdivision and asserting that it was serving our subject or our school as well without our knowledge so we kind of regrouped talked to the city again and said and it was pretty well through the process that this water line was being worked on with the city without us knowing about it but it being asserted by the developer that it was for our benefit so then we became involved in that to have an understanding of that and um and have really been working closely with Morningstar this actually is a school that will serve that subdivision working really really closely to get this done working really closely with City staff too to make sure that we're that we're doing as much as we can to get the school open understanding that it's a very short time frame so my understanding and I cannot stand up here and act like I can answer all the technical questions about all that needs to get done is that we're running a parallel tract to the CFA CFA correct the CFA to try to make sure that we can start construction when we need to and that we can get the school opened in August that we want to continue to support as much as we can the Morningstar developer and his engineer to get approval for what they need to do but it also sounds like and we knew this that this water line this specific water line for this school and to serve the benefit of the subdivision as well was tacked on to some other development that's farther north in their development so as was mentioned earlier by Mr Campbell that's not something that we can control but we would love the opportunity to sit down with the city and talk about potentially pulling those apart so that this water line that benefits an elementary school to take care of massively significant overcrowding at other schools can get done in time to serve kids so we'd love to sit down and do that I think that if we delay this approval and I think it's unfortunate that you are faced with a recognition recommendation to deny this and I wish I regret that I regret that that we weren't able to work that out ahead of time so that you wouldn't have that in front of you and have to you know have to vote against that recommendation um but but we think you know if we if we postpone this today then it's likely that the school won't open in time unless there can be some fast track of of what's happening with something we can't control that the developers doing in negotiations with the city uh commissioner so you don't mind if I can chime in um like I said be happy to sit down with everybody on the team uh if we could get a you know dates and times you all are available we can coordinate a meeting quickly try to get this thing resolved uh early rather than later that you know that would be the commitment way up to you guys thank you very much thank you very much superintendent I appreciate you your your comments uh thank you Vic uh you've heard what uh our position is from uh uh Vic that will be willing to sit down so if the interested parties can probably get with him and and regardless of what we determined today that needs to happen Okay that needs to move forward uh yes sir did you need to okay Construction okay commissioner Tidwell you know I'll tell you from my perspective um a two-week delay I realize is a big deal but we're going to meet here again in about what's the next two weeks it's it's roughly two weeks and I I completely understand the construction process and and how time and money uh fit into that I would say that a roughly 10 11 12 month project can lose two weeks with a weather delay um so if if there aren't some of that those things built into this um it could become a scheduling problem and I don't I get that I there are there are other ways to expedite construction at different stages that you know you can shave some time off that I'm aware of but all of that said I can tell you that I would feel much more comfortable if during the next two weeks you guys could meet with City staff come to um come to a point where we're all comfortable enough that that the water is going to happen and it is going to happen in time to to put all this together uh it it would just help me personally make that decision so but we will vote on whatever you want us to vote on today I'd just like to speak to that really quickly if I can I'm just a in a response to that I think you know if we can get a guarantee that that and it will all be on the agenda in the next two weeks and that because what I don't want you to think has happened is that we have not been consistently speaking with City staff about this for months and so that something can happen in the next two weeks that hasn't happened in multiple months multiple multiple months you know if that can happen then I think that's best case scenario so that you aren't faced with a vote that may not go our way and or that you don't feel comfortable with so I think that that is that's you know it's not um uh obviously it's a process to get on your agenda and to make sure that we've done all that we need to do to work with City staff to get here and be prepared so if you ask for a uh a delay we will delay it to a specific meeting and the specific meeting will be the next meeting and my hope is that that will create enough tension to cause City staff and and your staff and your and your Consultants to make time to do whatever needs to be done to bring something to us that we can feel comfortable with that's my hope that's helpful question uh just a moment I believe we have someone that would like to speak uh our DJ Harrell who's right DJ Harrell director of development services City of Fort Worth I just wanted to come up I was watching and I wanted to come up and attest that they've been working really diligently with City staff to try to keep things moving there's a lot of moving parts we have no doubt that you know that the the simultaneous activities will eventually come together uh they're just in a tight position where they need to kind of get started with moving dirt in advance of some of the you know back end things that we need to help them with so so I just wanted to make sure you know on behalf of the school district that I I was able to come up and let you guys know that they have been diligently meeting with us and trying to get to where they need to get okay thank you very much DJ and I don't think that was ever a question okay thank you so much I appreciate that yes and the question to the water Mr Dryden can you affirm based on what you've said so far that this can happen in the next two weeks I can guarantee that we're going to have a meeting set up and we'll have a plan of action enough said thank you yes appreciate that the school needs to open and that you have a timeline that you need to meet the middle school that was recently opened is ringing a bell in my head was a a building permit requested for it before the final plan plot was approved I don't know that a full building permit was issued prior to a final plot we did get a foundation only from what I recall I would say that like I said in the presentation this isn't you know an ideal situation but there have been several previous projects that this this exact thing is happening running parallel tracks and we have been granted a full building permit without a a recorded plot yeah right I understand what I'm what I'm saying is it it's it's not the normal process right so we we want to try to get those back on on track um for future and I think that's a I mean I don't want to get into the weeds of it but that's a that's a challenge with new development in remote areas is getting the infrastructure and knowing the school construction and having all the yeah the schedules mesh up together yeah yeah Philip talk talk a little bit about you got the found you got the waiver to allow for the foundation only to allow for this earthwork Foundation only permit got that back in June where are you now on the construction of all that was approved back then so they are they're working on Foundation now all utilities and everything slab and under grade beams all the buildings lab they're going to be ready to go vertical probably in the next 20 to 30 days that will continue that work is in progress yes yes thank you for your presentation this morning I understand your dilemma I understand the importance of getting the school open so that you can serve students one of my concerns is this is the second request like this that's been made um for that permit for a waiver I don't think that it's in our best interest to create a pattern to where we're able to provide a waiver when somebody has an issue I don't want to set a trend I think a great response or a solution to give you what you need and for us to maintain the Integrity for this commission is if what commissioner Tidwell said if we can guarantee that you're on the 27th agenda and you have that two-week window to work with City staff and it sounds like they are prepared to Fast Track this and to shrink that timeline so that you can get into that building and get Construction done I think that that is a win-win for you and for us so point of clarification if I can if if we do delay this the two weeks can we add the urban forestry into the motion at that time I believe so yeah it doesn't happen yeah no doubt we'll take a look at that I think you can add it the question is whether this body even has Authority right to rule on that but we'll look at outside whether there's another way so I'm sure I'll work with Mr Rel on that yeah I from from an overall perspective you have an area with explosive growth uh in a situation that does not adhere to its explosive growth our our development processes are just that it's a process a b c d e and and it's very difficult to to do things in the time frame that you need them done when things are blowing up in the Lido like they are and we understand that and we we take that into consideration but there are still some concerns so uh hopefully you'll make a uh request for a a two-week delay a continuance for two weeks yes commissioner Tidwell just to be clear I don't have any objection or any qualms about granting a waiver if I feel like that waiver is appropriate for the the situation the issue here is City of Fort Worth doesn't have control over the water supply you're dealing with a municipal Utility District which the city serves I understand all that and so until those stars are aligned and we feel comfortable that that the the third party if you will um is is on board and we can make it happen that's that's really where the heartburn is for me if it was a city of Fort Worth it was just and these guys come in and say yeah we can get the water in we just have to sign the agreements bang we're done and so don't think that please don't think that that we're necessarily opposed to a waiver we're we're I am opposed to granting permission to do something that I I think has a high a relatively High degree of of risk that is not going to come together the way it should that's that's where I am on the subject so I I appreciate everything you guys are doing I wanted to add to that in June I was part of the committee and happy to give you the waiver to go as far as you did I don't want you to understand that we are you know I just have a problem with the water I know you said November December but what if it's January one thing I want to add to this is I understand the situation that the applicant is in and I understand the timeline and the issue and just trying to get everything worked out with the uh with the water line I personally do not have too much of a reservation with this request and the reason being is that they did reach out to the fire department as far as making sure that if you go vertical that you have adequate fire suppression on sites so there's no risk for loss of life and if we're talking about you know schedule rescheduling this for two weeks from now and everybody seems to um you know have a pretty reasonable um you know expectation that this is going to move forward I have no problem granting this waiver today knowing that you know the the amount of time that it's going to take to get this this school constructed and that's of the utmost importance that we get to school opened on time for the students to move in um so for that reason I I would have no issue supporting this waiver request today if I can add one more ask one more question on the plans that you've been working with Tim Welch on again my apologies for not getting I haven't seen the plans before uh plan commission are the services that you guys are requiring for your site included in there or are they going to be handled through a separate process yes the water services are included on Welch's plans the sewer is by miscellaneous projects okay any additional comments commissioner yes commissioner Anderson uh yes and this is probably my negative to have done this very long but is there a process in which we issue a partial building permit before they can start with a combustible materialism site I understand that's has it been asked for but it seems like that is the biggest problem this board's responsibility deals with the plaid and so we don't have any uh additional issue before you related to a building permit thank you yes did you yes uh so but just rest assured that there are processes in place right so if if you guys did allow the waiver regardless of the action that you guys take today they would still have to meet building code and fire safety standards right so if the main concern today by the commission is you know fire suppression and we've already heard from fire that they've got a plan to mitigate uh that potential safety issue right then the water will be worked out right um so that's the thing that I wanted to get up and say is that if the issue is not about fire or safety during construction on the site then allowing them to move forward just by some time and it doesn't cause any um adverse impact you know you know making that decision today again on the building um inspection and construction side the city won't allow combustible materials and in fact they will need to once they get their Plumbing in they will need to have water in order to to to do the inspections and testing of the water lines right so there is only a point they can get to by this decision that you guys are making today it just again I think you know making a decision to allow them to move forward only just buys them a little bit of time to to kind of you know dot some eyes and cross some T's so what I hear you saying DJ is there are safeguards that are already in place that would protect them and protect the residents and the city if we did Grant this waiver yes sir thank you yes yes Mr Camp yes Chris Campbell Chief facilities and construction officer for Alito Independent School District just to kind of set the stage here for you the reason why this decision is so important to the district today we mentioned construction timelines a moment ago in this market it takes about 16 to 18 months to build an elementary school and we're trying to do one in 12. so do we have the delays built in for weather do we have any of those things maybe a little bit but every week at this point matters specifically when we get to that October 31st date when the schedule shows that we're going vertical this is ladies and gentlemen you've got us in your hands we've got a third party developer that controls our water you guys control whether or not we can go vertical because all of the issues left with us being able to obtain a permit according to your process are all intermingled with each other and none of them are in our control so on behalf of the school district Dr bone and I I assure you that we will make sure that all the eyes are dotted and the t's are crossed we just can't stand a delay in our construction schedule thank you very much Mr Campbell um closing comments mentioned really quickly that we're very appreciative of the city staff of DJ and others who have who've sat down with us over for this about this development but also another one that's very close to this site that might be happening in the next you know six seven eight years and really understanding what the city's requirements are for our development what what you mentioned about how it being pretty hard in the Hinterlands where there is no there's no infrastructure that is the situation we're in and so we're always willing to participate in that development of large water and wastewater lines that are planned by the city out here in this part of your of your jurisdiction and and are planning to fully participate in that but I did wanted to mention just as as Chris did that um we're you know we're a school district we're we're a governmental entity we follow every single rule there possibly is we have very very strict guidelines for serving kids and our build buildings and so we follow all of those always will certainly wouldn't do anything that would um that would plan to put any property or any neighborhood or of course any students or staff in danger so we appreciate your time thank you very much any additional comments just another point of clarification if I can so if if we move forward with the vote and it does get denied do we are we able to go back and request another one or is it a one and done deal I I believe you would be able to come back in two weeks or a month what re reapply yeah I I think it's it it's pretty simple either they approve the waiver request today and if they do then that will allow you to move forward as if you have an approved final plan okay if it's not approved then once your final plan is approved which has a water hold on it once the final plant's approved then it's that it's sort of improved plan off you go so the ask today is if they approve your request for the waiver that'll give you the same privileges to be able to move forward in the development review process as if you have a recorded final plan that's the waiver request so and if and if they if they don't approve my question is if they don't approve and we and we still don't have this final plaque deal resolved because of the water let's say the water takes a little bit longer is there a mechanism where we can reapply for this same waiver or is it just a one one-time video yes that's correct they can ask for it again yeah yes would that come back in two weeks or a month whenever they applied I guess yeah I don't know what the process is but there's a process for filing and correct as far as as what timing staff needs as far as how that lines up would determine whether it's two weeks a month right would it follow a Newsome middle process yes basically what I'm asking a whole nother month out month plus out or can it be heard in two weeks it can be heard in two weeks I think I understand the question I think the question is if we were to deny this waiver request today if that denial could be Revisited in two weeks and I don't believe that is the case is that what you're asking sir okay so that's the question and so no you'd have to go through another application process and it could take as long as it takes so yeah I have concerns and reservations however hearing DJs say that there are safeguards in place that will protect residents and mitigate risk and liability throughout the process that relieves some of my reservations and I would be in favor of approving the waiver with those yeah yeah thank you very much commissioner miles okay yeah let me do this right now I'm going to close the public hearing okay thank you very much now let's have discussion folks okay Commissioners I'd like very much to hear from everyone in their minds I think we just heard from commissioner miles okay um commissioner Tidwell this is in before we Embark upon this this discussion I I would like to say up front that um if the applicant wants to ask for a delay I would I would hope that we would consider that okay after our discussion so that that said um talking about fire protection liability so on and so forth is um is one component of of what my concerns are my my the end result is regardless of whether they get the agreements in place in time or not they're not going to have water on board prior to this school going the the construction uh going past the point where water is where water is required so whether it's whether it's two weeks down the road or or today um they're they're still going to have to put those things in place what what my concern is is that you've got a municipal Utility District you've got another developer you've got and then you've got the city of Fort Worth and all of those things have to fall into place and I think it's in and it's supposed to fall into place prior to final plaid prior to a building permit being issued and and anyone who's who's been involved in in these new types of negotiations understand that um a little bit of of pressure goes a long way toward getting the right people to the table at the right time and Expediting the process my my real concern is that if this gets if this negotiation continues to get delayed that we're going to be sitting here or the city is going to be sitting here next August saying hey we need a temporary Co and oh by the way we're going to have temporary water because the you know the water is still a month out or six weeks out it's important to get these things in place as as early as possible and and I understand the the problems with Alito I I have grandkids that go to olino so it's it's it's not a surprise to me I've watched the Walsh development um and and in the school that was built there I understand the the development agreement between Washington City of Fort Worth um but all of the anyway all of these things take time if if there's no pressure to get this Municipal Municipal utility district and the Morning Star folks to the table to make this happen my concern is it's going to keep dragging and and we need to we need to bring it to a head [Music] pardon me has a request been made for a postponement of this no there has not been and after we have our discussion I can reopen the public hearing if this thank you what I would like to do in relation to Commissioners Tidwell comments uh I would like to give Vic back up here and uh I would like to ask him very candidly if we delay will that add impetus to adding pressure to get a resolution I I can mention to everybody uh on the commission and then to Illegal ISD that I do have a good working relationship with with the Alito uh FFG Alito I think they will be willing to come to the table and come up with a solution and I think we can we'll find uh like I mentioned before we'll find a path forward moving to get the to get the water line constructed ahead of schedule you think that if we delay it two weeks that would help in that putting pressure on them we can re I can reach out to them and get that get a good meeting again uh typically what will happen is I reach out to any developer consultant just tell me a date and time you're available and we'll set up a meeting well in advance we should have a resolution like I said before the next two weeks within the two weeks thank you Vic okay Commissioners additional comments commissioner Henderson well I'm inclined to approve this having heard from DJ about the built-in safeguards of course I don't want to have this be the process every time we do uh School in uh in the more remote parts of the city um I I think I've heard enough from staff on this additional comments okay uh commissioner shock any comments I I still have a problem I think two weeks is the motivation to come back here and and I think we'd have a lot more Resolve and get the forestry on there and we can move forward okay I do have some just a clarification you mentioned two weeks but I thought we just heard that it's not going to be two weeks it would be more than two weeks potentially if if if they ask for a delay we can delay it for two weeks okay if we voted down then it's then it's a longer process okay 14-day shot clock which means a month basically okay for 10 day okay additional comments all right I did hear one of the questions uh about when they were going to be ready to go vertical and I I believe they said 20 or so days so that's really when you're supposed to have water there anyway so a two-week a two-week delay they're going to continue doing dirt work they're going to continue doing utility work they're going to continue 40 slab all of that in the next two weeks is they've got approval to do that but if we can if we create if we create this deadline if you will uh I am convinced that that will add to the impetus or add to the desire for folks to get to the table and get it resolved they may or may not have a completed contract with ice dotted and T's crossed at that point but but they should be able to come to us with a a certain plan saying we're going to lay pipe on starting on this date and here's what it's going to look like our plans are going to be done yeah and they don't have that yet and we don't know when they're going to have it that's one of my major concerns is a lot of unknowns yeah I think a two a two-week delay is a clear path forward to getting what we want okay Commissioners at this point I'm going to reopen the public hearing and ask the applicant to please come down and you've heard our comments um okay we're there okay Mr Wilson you've heard you've heard us in our deliberations and we feel that the additional pressure I think the majority of us feel that the additional pressure that a two-week continuance would put on interested parties in order to achieve a workable solution would be appropriate how do you feel sir so just first of all thank you for everyone's comments definitely understand the concerns with the water and life safety and all that and as a registered engineer that's Paramount to me as well so like I said it's not an ideal situation I'm not of the opinion that the two weeks is going to buy us a whole lot of time we've been to the table with the water department with the developer with the engineer but based on all these comments we will request the continuance to two weeks and you will I'll stand here and assure you that we will get with the engineer the developer and the water department and the district to get this resolved and a clear path forward thank you very much sir I appreciate that you've heard the commitment from our staff okay from DJ and from Vic uh there are parties that we have no control over that I hope that maybe you and our staff can influence them to understand their urgency okay that's that's thank you very much thank you okay that being said I'll go ahead and reclose the public hearing and Commissioners you've heard the applicant's request for a two-week continuance motion to approve I I have a motion by commissioner Tidwell for that approval with the second by commissioner shock okay Stuart if you'll call the vote please commissioner Tidwell how do you vote Yes commissioner Henderson how do you vote Yes commissioner Dryden how do you vote Yes commissioner melkors how do you vote Yes commissioner miles how do you vote Yes commissioner Hamilton how do you vote Yes commissioner shock how do you vote Yes I want to see those kids in school on time commissioner Graham how do you vote Yes chairman Bourne how do you vote Yes we will see you in two weeks and I hope we have good news thank you so much for your attendance today sign him on today's agenda that is our last item uh Commissioners uh we are adjourned foreign