[ Call to Order Roll Call Pledge of Allegiance to the Flag]
[00:00:03]
WELCOME EVERYBODY TO THE FIRST MEETING OF 2024 FOR THE BRENTWOOD MUNICIPAL PLANNING COMMISSION.
LET IT BE NOTED THAT COMMISSIONERS KAPLAN AND CHURCH ARE NOT HERE.
ALL OTHER COMMISSIONERS ARE PRESENT.
PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE LED BY COMMISSIONER PIPPIN.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[1. December 4, 2023]
THE COMMISSIONERS HAD A CHANCE TO REVIEW THE MINUTES FROM THE DECEMBER 4TH, 2023 MEETING.ARE THERE ANY ADDITIONS OR CORRECTIONS? MOVE TO MOVE TO APPROVE? WE HAVE MOTION TO APPROVE FROM COMMISSIONER TRAVIS.
A SECOND FROM COMMISSIONER PIPPEN.
THE MINUTES FROM DECEMBER 4TH, 2023 ARE APPROVED AS PRESENTED.
[ Consent Agenda]
TONIGHT, AS ALWAYS, IS THE CONSENT AGENDA.ALL THE ITEMS ON THE CONSENT AGENDA WILL BE READ AND VOTED ON AS ONE UNIT.
IF THERE'S ANYONE ON THE COMMISSION OR IN THE AUDIENCE WHO WOULD LIKE AN ITEM ON THE CONSENT AGENDA TO BE DISCUSSED, PLEASE LET US KNOW NOW SO THAT WE CAN MOVE THAT ITEM TO THE REGULAR AGENDA.
THE FIRST ITEM IS BPC 2311 DASH 0 0 7.
THE FINAL PLOT FOR THE ANNA SUBDIVISION PHASE ONE ZONING, OSRD, ITEM NUMBER TWO BPC 2312 DASH ZERO ONE A MINOR SITE PLAN, ALTERATION AT PUBLIC STORAGE ON LIBERTY PLACE, PHASE THREE, SECTION FOUR, LOT THREE B 1734 CARUTHERS PARKWAY IS ZONING C TWO ITEM NUMBER THREE BPC 2312 DASH 0 0 4.
A MINOR SITE PLAN ALTERATION AT THE MONUMENT SIGN AT THE GODDARD SCHOOL MARYLAND FARMS SECTION 58 LOT 69 1 10 WINNERS.
THE FINAL ITEM ON THE CONSENT AGENDA IS BPC 2312 DASH 0 0 8.
A MINOR SITE PLAN ALTERATION FOR THE SIGNAGE AT THE BRENTWOOD NAIL BAR.
MERCHANT'S WALK 5,004 THOROUGHBRED LANE ZONING C FOUR.
DO WE HAVE A MOTION TO APPROVE THE CONSENT AGENDA? I MOVE.
DO WE HAVE A SECOND? A SECOND.
THE CONSENT AGENDA IS APPROVED AS PRESENTED.
AND IF YOU'RE ONLY HERE FOR THE CONSENT AGENDA, FEEL FREE TO LEAVE.
[1. BPC2311-006 Preliminary Plan - Parkside at Brenthaven Subdivision, Phase 2, Section 2 and 3, Zoning OSRD - Applicant: Anderson Delk, Epps & Associates, Inc]
TO OUR REGULAR AGENDA.THE FIRST ITEM IS BPC 2311 DASH ZERO SIX A PRELIMINARY PLAN FOR THE PARKSIDE AT BREN HAVEN SUBDIVISION, PHASE TWO, SECTIONS TWO AND THREE ZONING OSRD.
UH, GOOD EVENING COMMISSIONERS.
UM, BOB IS UNDER THE WEATHER TODAY, SO I'M FILLING IN.
UM, SO THE FIRST ITEM ON THE AGENDA OR THE REGULAR AGENDA, UM, BPC 23 11 0 0 6.
PRELIMINARY PLAN PARKSIDE AT BRENT HAVEN, PHASE TWO, SECTION TWO AND THREE.
ANDERSON DELK EPPS AND ASSOCIATES REQUEST APPROVAL OF A PRELIMINARY PLAN SHOWING 39 LOTS ON APPROXIMATELY 40 ACRES.
THESE ARE THE FINAL SECTIONS OF PARKSIDE AT BRENT HAVEN SUBDIVISION.
THE ORIGINAL PHASE TWO LAYOUT FROM 1995 SHOWED 106 LOTS IN 2007.
THE LAYOUT WAS MODIFIED TO SHOW GLOVER LANE CONNECTING THROUGH TO FRONTIER LANE DUE TO WATER QUALITY AND DETENTION REQUIREMENTS.
THE PROPOSED PLAN NO LONGER CONNECTS FRONTIER TO KELLY WOOD AND THERE ARE FIVE FEWER LOTS THAN ORIGINALLY SH THAN WERE ORIGINALLY SHOWN ON THE TWO SEVEN 2007 PLAN.
THE DEVELOPER HAD PREVIOUSLY DEEDED OVER 44 ACRES OF THIS TRACK TO THE CITY FOR PARKLAND AND OPEN SPACE CREDIT.
THE ORIGINAL APPROVED DEVELOPMENT PLAN HAS EXPIRED.
THIS PLAN COMPLIES WITH CURRENT OSRD REQUIREMENTS AND WILL ALSO BE SUBMITTED TO THE CITY COMMISSION FOR REVIEW AND APPROVAL.
WE HAVE A, AN IMAGE HERE THAT SHOWS, UM, RIGHT HERE.
I DON'T KNOW IF YOU CAN ZOOM IN CAROLINE A LITTLE BIT.
SO THE RED LINES SHOW THE PREVIOUSLY APPROVED LOTS AND
[00:05:01]
ROAD CONNECTIONS FOR THIS PHASE, THESE SECTIONS.AND THE BLACK IS THE PROPOSED.
UH, SO THERE'S FIVE FEWER LOTS.
UM, AS PART OF THIS PROPOSAL, WE HAVE SIX CONDITIONS OF APPROVAL.
UH, NUMBER ONE, NOT ALL OPEN SPACE SHOULD BE DESIGNATED AS A-P-U-D-E OR P-U-D-A-E.
IF A UTILITY OR ACCESS EASEMENT IS REQUIRED, THEN DESIGNATE THOSE AS EASEMENTS.
CONDITION TWO, REMOVE PUDE DESIGNATION FROM OPEN SPACE 2D.
PROVIDE P-U-D-A-E EASEMENT AREA THAT WOULD CAPTURE WALK AND DRAIN PIPES.
CONDITION THREE, CHANGE OPEN SPACE 3D FROM P-U-D-A-E-P-U-D-E TO P-U-D-A-E.
GRAVITY SEWER IS ALREADY INSTALLED ALONG KELLY WOOD.
A-C-C-T-V INSPECTION SHALL BE PERFORMED PRIOR TO CONSTRUCTION ACTIVITY.
AND AGAIN, ONCE THE CONSTRUCTION IS COMPLETE, ANY DRAIN, ANY, ANY DAMAGE TO EXISTING WATER AND SEWER INFRASTRUCTURE SHALL BE REPAIRED BY THE DEVELOPER CONDITION.
ALL OFFSITE WATER AND SEWER INFRASTRUCTURE SHALL BE INSTALLED WITHIN A MINIMUM OF A 10 FOOT OPEN SPACE AND 20 FOOT DEDICATED WATER AND SEWER EASEMENT.
THE WATER MAIN ALONG KELLY WOOD SHALL CONNECT TO THE WATER MAIN AT WEEL ROAD EAST AND SHALL BE EIGHT INCHES IN DIAMETER.
UM, STA WE HA WE ALSO HAVE 19 STANDARD CONDITIONS AND STAFF REQUESTS THAT THE PLANNING COMMISSION VOTE TO APPROVE THE PROPOSED REVISED PRELIMINARY PLAN SUBJECT TO THE REQUIREMENTS OF THE STAFF REPORT AND FORWARD A RECOMMENDATION OF APPROVAL OF THE PROPOSED CORRESPONDING REVISIONS TO THE OSRD DEVELOPMENT PLAN TO THE BOARD OF COMMISSIONERS, SUBJECT TO THE REQUIREMENTS OF THE STAFF REPORT.
DO WE HAVE ANY QUESTIONS FROM THE COMMISSIONERS? COMMISSIONER TRAVIS? I DO.
TODD, THOSE, THOSE LOTS DOWN THERE IN THAT BOTTOM RIGHT LEFT HAND.
RIGHT? THEY THEY DID GET SMALLER.
UM, THERE'S ANOTHER PLAN THAT SHOWS, UM, SO HERE, SO ORIGINALLY IT, IT APPEARED THOSE LOTS WERE GOING ALL THE WAY BACK.
THERE'S, THERE'S A DRAINAGE AREA RIGHT HERE.
WELL I, 'CAUSE IF YOU GO TO THAT OTHER PART, I MEAN, IT'S BASICALLY NOT THAT THEY'RE PUTTING ANYTHING ON THAT LAND, IT'S JUST THAT THE LOTS SEEM TO GET SMALLER AND UH, YOU KNOW, THAT'S A SIGNIFICANT AMOUNT.
BUT THAT'S ALL DRAINAGE YOU SAY THROUGH THERE, HUH? YES.
AND CAN YOU GO BACK TO THE VERY FIRST SLIDE? I DIDN'T KNOW IT WAS THAT FAR BACK, BUT THAT NO, KEEP GOING.
THE ONE THAT HAD THE TREES IN IT THAT WE STARTED THE PRESENTATION WITH.
SO YOU'RE TALKING ABOUT OVER HERE, THESE HOUSES THAT ARE RIDE ALONG HERE ARE NOT PART OF THAT? NO.
ARE THERE ANY OTHER QUESTIONS FOR THE CITY FROM THE COMMISSIONERS? DO WE HAVE A REPRESENTATIVE FROM THE DEVELOPER THAT WOULD LIKE TO MAKE A PRESENTATION? PLEASE IF YOU GIVE US YOUR NAME AND ADDRESS PLEASE.
UH, ERIC OLSEN, SIX 18 GRASSIER PARK DRIVE, NASHVILLE, TENNESSEE.
IS THERE ANYTHING THAT YOU'D LIKE TO SHOW US OR? YEAH, JUST A LOT OF THE CHANGES BECAUSE WE HAD THAT WATERWAY NATURAL AIR THAT WAS BLUE ON DRAINED.
SO WHILE WE ARE LOSING LOT AIR, THAT WOULD'VE BEEN AN DRAINAGE EASEMENT ANYWAY.
AND THEN ACTUALLY IT'S GONNA PRESERVE ALL THOSE TREES IF IT'S IN A PERMANENT EASEMENT THAT, YOU KNOW, THEY'RE NOT ALLOWED TO CUT DOWN THOSE TREES NOW.
SO I THINK IT'S KIND OF A BENEFIT ACTUALLY.
ARE THERE ANY QUESTIONS FROM THE COMMISSIONERS? COMMISSIONER CROWLEY? COMMISSIONER GER.
IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THIS? OKAY.
DO WE HAVE A MOTION TO APPROVE THE PROPOSED PRELIMINARY PLAN SUBJECT TO THE REQUIREMENTS OF THE STAFF REPORT AND ALSO A MOTION IN THE SAME MOTION TO FORWARD OUR RECOMMENDATION OF APPROVAL TO THE, UH, OF THE CORRESPONDING REVISIONS TO THE PLAN, TO THE BOARD OF COMMISSIONERS, CITY COMMISSIONERS.
I'M SORRY, I MOVE YOU APPROVE IT.
MOTION FROM COMMISSIONER TUCCI.
DO WE HAVE SECOND? SECOND FROM COMMISSIONER CROWLEY? IS THERE ANY DISCUSSION? NO.
I WALKED THAT, UM, ON MONDAY AND I, 'CAUSE MY INITIAL CONCERN WAS HOW CLOSE TO THE RIVER THOSE LOTS ARE GONNA BE, BUT I THINK THEY'RE, THEY LOOK LIKE THEY'RE GONNA BE HIGH ENOUGH AND, UM, I DON'T KNOW IF ANYBODY ELSE HAD A CHANCE TO
[00:10:01]
I, THE ONES CLOSEST TO WHERE THEY'LL CONNECT TO THE BRIDGE THAT CROSSES THE RIGHT OVER THERE ARE GONNA BE PRETTY DARN CLOSE TO THE WATER.BUT IT'S AN IMPROVEMENT FROM THE ORIGINAL OSRB PLAN.
UH, WE READY TO VOTE? ALL IN FAVOR? AYE.
THE MOTION IS APPROVED AS PRESENTED.
I SHOULD SAY THE PLAN IS APPROVED AS PRESENTED.
[2. BPC2311-011 Preliminary Plan - Errico Subdivision, 9809 Sam Donald Road, Zoning R-2 - Applicant: Ragan Smith Associates]
2311 DASH 0 1 1.A PRELIMINARY PLAN FOR THE ER SUBDIVISION 98 0 9 SAM DONALD ROAD ZONING.
R TWO MM-HMM
UM, AS YOU WILL RECALL, THIS PROPERTY WAS ANNEXED AND REZONED, UM, IN SEPTEMBER OF 2023.
THE LOTS RANGE IN AREA FROM ONE TO 1.4 ACRES, UH, RIGHT OF WAY DEDICATION ALONG SAM DONALD IS PROPOSED.
THE REQUIRED BUFFER ALONG SAM DONALD IS BEING SHOWN.
UM, AND THEN, UM, THERE'S A ACCESS EASEMENT.
THE ACCESS EASEMENT, UH, IS BEING MAINTAINED TO SERVE THE TWO LOTS TO THE SOUTH, WHICH THE ACCESS EASEMENT IS SHOWN IN PROPOSED OPEN SPACE.
UM, THERE ARE TWO, UM, STUB STREETS PROPOSED TO, TO STUB TO THE ADJOINING PROPERTY TO THE WEST AND TO THE EAST.
UM, THERE IS A, UH, THE PROPOSED STUBB ROAD A HERE, WHICH IS STUBBING TO THE PROPERTY TO THE WEST TO THE WOLF TRACK.
UM, THERE'S A, THE, THE CUL-DE-SAC WILL, UM, NOT GO INTO THE, THE ACCESS EASEMENT THAT WILL NOT GO INTO THE DRIVEWAY, THE GRAVEL DRIVEWAY.
IT WILL STOP SHORT INITIALLY, AND THERE WILL BE, UH, BOLLARDS AT THE END OF IT TO PREVENT, UH, VEHICULAR ACCESS.
UM, AT, IF THE WOLF TRACK EVER DEVELOPS AND THAT ROAD IS EXTENDED THROUGH, THEN IT WILL CROSS IT, IT WILL CROSS THE, THE GRAVEL DRIVE.
UM, ALSO PROPOSED IS A NEW ACCESS TO THE SOUTH OFF OF THE BOTTOM CUL-DE-SAC.
A NEW ACCESS, UH, FOR THE TWO LOTS, UM, TO THE SOUTH, UM, STAFF HAS, UH, FIVE CONDITIONS OF APPROVAL, UH, PER THE SUBDIVISION REGULATIONS.
THE HYDRAULIC ANALYSIS WILL REQUIRE ASSURANCE THAT THE PEAK FLOW RATES AT THE DEVELOPMENT OUTLET POINTS ARE NOT ALTERED BY A COMBINATION OF PEAK FLOW THROUGH THE SYSTEM.
NUMBER TWO, THE MAXIMUM STORAGE DEPTH OF THE DETENTION POND SHALL NOT EXCEED FIVE FEET WITH A MINIMUM ONE FOOT FREEBOARD AND SIDE SLOPE, NOT SLEEPER STEEPER THAN THREE TO ONE FOR SAFETY AND VEGETATIVE PURPOSES.
THE HYDRAULIC DATA SUBMITTED FOR THE PROJECT SHALL MEET THIS REQUIREMENT.
NUMBER THREE, FINAL STORMWATER PLANS AND HYDRAULIC CALCULATIONS WILL BE REQUIRED PRIOR TO THE ISSUANCE OF THE GRADING PERMIT.
IF IMPACTS TO LOTS RESULT FROM THE STORMWATER REVIEW APPROVAL, A REVISED PRELIMINARY PLAN WILL BE REQUIRED TO BE SUBMITTED AND APPROVED BY THE PLANNING COMMISSION.
NUMBER FOUR, STORMWATER QUALITY NOTE ON COVER SHEET WILL BE EVALUATED UPON REVIEW OF SUBMITTED CONSTRUCTION PLANS.
THIS NOTE, IN NO WAY IS A GUARANTEE THAT THE PRELIMINARY PLAN AS SUBMITTED CONFORMS WITH THE CITY OF BRENTWOOD STORMWATER REQUIREMENTS AS DEFINED IN CITY IN THE CITY'S SUBDIVISION REGULATIONS.
ARTICLE SIX 6.10 STORM DRAINAGE IMPACTS TO LOTS RESULTING FROM FINAL STORMWATER REVIEW AND APPROVAL MAY REQUIRE A REVISED PRELIMINARY PLAN TO BE RESUBMITTED AND APPROVED BY THE PLANNING COMMISSION.
AND THEN, UH, CONDITION FIVE PROJECT SITE TRIANGLES AT PROJECT INTERSECTIONS ARE TO BE EVALUATED WITH THE FINAL CONSTRUCTION PLANS.
NOTE THAT REVISIONS TO LOTS OR OPEN SPACE WILL REQUIRE AN UPDATED PRELIMINARY PLAN TO BE SUBMITTED TO THE PLANNING COMMISSION FOR APPROVAL.
WE ALSO HAVE 16 STANDARD REQUIREMENTS AND STAFF REQUEST THAT THE PLANNING COMMISSION VOTE TO APPROVE THE PRELIMINARY PLAN SUBJECT TO THE REQUIREMENTS OF THE STAFF REPORT.
[00:15:02]
ANYBODY YOU HAVE ANY QUESTIONS FOR THE CITY COMMISSIONER CROWLEY TODD? THE GRAVEL DRIVE THAT THE, WITH THE ACCESS EASEMENT, DOES IT ONLY SERVE THE TWO SOUTH LOTS? YES.COMMISSIONER INGRID, CAN YOU CONFIRM THAT THE NEW EASEMENT FROM THE SOUTH WILL ACTUALLY BE A PAVED ROAD? IS THAT THE PLAN? UH, IN CONVERSATIONS WITH THE DEVELOPER, THAT WAS THE PROPO PROPOSAL.
IS IT POSSIBLE TO MAKE THAT A REQUIREMENT? WE CAN ADD THAT CONDITION OF, WE CAN ADD A CONDITION OF APPROVAL.
DO YOU HAVE A BETTER MAP OR A COURSE THAT SHOWS HOW THAT'S GONNA SERVE BOTH OF THOSE TWO SOUTHERN LOTS? BECAUSE IT LOOKS LIKE IT JUST GOES TO THE, TO THE FIRST ONE.
SO IT'S THE YELLOW ROAD THERE, IS THAT RIGHT? YES, THAT'S CORRECT.
AND AND IT GOES TO, TO BOTH OF THOSE LOTS.
I MAY HAVE TO GO TO THE AERIAL HERE.
SO YOU CAN SEE, UM, YOU CAN SEE ONE PROPERTY HERE AND ONE PROPERTY HERE.
I DON'T THINK I HAVE A BETTER RENDERING.
SO, SO THE, THE, UH, NORTHERN PORTION OF, OF THE BOUNDARY BETWEEN ERICA AND THOSE TWO LOTS, THAT ACTUALLY BELONGS TO THE LOT.
THAT'S A LITTLE MORE TO THE EAST, IS THAT RIGHT? SO TO WHAT HAS, WHAT'S ON ON OUR MAP AS A, AS A ONE? THIS, THAT, THAT, THAT LITTLE STRIP THE WHERE THE PROPOSED ACCESS IS? YES.
WELL THAT, THAT WILL BE OPEN SPACE FOR THE SUBDIVISION.
UM, CAN I HAVE THIS FOR A SEC? SURE.
I'M SORRY, JUST CONFIRMING THAT RIGHT THERE.
THAT THAT WOULD, THAT THAT IS PART OF THIS LOT OVER HERE.
SO, SO THEY CAN PULL A DRIVEWAY OFF.
THERE'S AN ACCESS EASEMENT ON THIS PROPERTY TO THE BENEFIT OF THAT PROPERTY.
COMMISSIONER REN, WHAT IS THE PURPOSE OF THIS PARTICULAR EASEMENT? IT'S TO PROVIDE ANOTHER ACCESS TO THOSE PROPERTIES, UM,
AND, AND SO THAT WAY, IF THIS EVER WENT AWAY, THAT YOU GUARANTEE THAT THEY WILL ALWAYS HAVE ACCESS.
AND, AND I THINK WE ALL AGREE THAT IN AN IDEAL WORLD, THIS WOULDN'T BE AN ISSUE.
BUT UNFORTUNATELY THE DEVELOPER AND THE RECIPIENTS OF THAT EASEMENT WEREN'T ABLE TO RESOLVE IT IN ANY WAY.
SO WE ASKED THEM TO MAKE SURE THEY PROVIDED THIS ALTERNATIVE ACCESS AT SOME POINT IN THE FUTURE.
SO IT COULD BE USED TODAY OR AT IN THE FUTURE.
SO COMMISSIONER TRAVIS, SO EVEN THOUGH YOU'RE BUILDING THAT ACCESS DOWN THERE AND THEY KNOW IT'S USABLE, BUT WE DON'T KNOW IF THE TWO PEOPLE DOWN THERE WANT THAT OR INTEND TO USE THAT, RIGHT? CORRECT.
BUT FROM A PLANNING PERSPECTIVE, WE'D LIKE TO KEEP THAT AS A FUTURE ACCESS POINT.
I THINK IT WOULD BE SHORTSIGHTED TO NOT PROVIDE THAT.
THE YELLOW THERE REPRESENTS THE ROAD CODE EIGHT, THE YELLOW AND THE BLUE ONE IS, IS GONNA REMAIN GRAVEL THOUGH.
IS THE BLUE ONE ALWAYS THERE OR IS IT AT SOME POINT GOING TO BE ABSORBED INTO LIKE THE WOLF PROPERTY OR CHANGED? NO, IT'S PROPOSED TO REMAIN.
IT, IT'S GONNA BE IN COMMON OPEN SPACE FOR THIS SUBDIVISION.
SO CAN YOU CLARIFY, BECAUSE YOU AND I HAVE HAD THIS DISCUSSION, BUT I DON'T KNOW THAT EVERYONE ELSE HAS, BUT THAT THAT BLUE LINE PROPERTY IS ACTUALLY OWNED BY THE ERCO PROPERTY.
IT IS NOT THAT IT'S DEEDED TO ER, BUT THE ACCESS IS DEEDED TO THE TWO LOTS BELOW.
IF YOU COULD EXPLAIN THAT THE WAY YOU DID ON THURSDAY.
SO, SO THE STRIP OF PROPERTY IS WITHIN COMMON OPEN SPACE CURRENTLY AS PART OF THE EICO PROPERTY.
AND THERE IS AN ACCESS EASEMENT ON THAT EICO PROPERTY TO PROVIDE ACCESS TO THE TWO HOUSES TO THE SOUTH.
[00:20:01]
YEP.SO, SO WHEN THIS, IT HAS AN EASEMENT, IT GIVES THEM THE RIGHT TO CROSS SOMEBODY ELSE'S PROPERTY TO ACCESS THEIR PROPERTY.
THEY DON'T OWN THE TWO LOTS TO THE SOUTH, DON'T OWN THE STRIP OF LAND THAT'S IN BLUE, BUT THEY HAVE THE RIGHT TO USE THAT LAND TO ACCESS THEIR PROPERTY.
BUT IT IS OWNED BY THE S TODAY AND WILL BE OWNED BY THE HOA WHEN THE DEVELOPMENT OCCURS.
AND THE EASEMENT COULD BE DONE AWAY WITH, WITHOUT THE CONSENT OF THE TWO BENEFICIARIES OF THE SOUTHERN LOTS.
THERE'S NO TERMINATION DATE ON THAT EASEMENT.
SO THEY WOULD HAVE TO AGREE TO VOLUNTARILY GIVE UP THAT EASEMENT TO TWO OF THEM AT SOME POINT IF FOR IT TO GO AWAY.
ANY FURTHER QUESTIONS BEFORE WE HEAR FROM THE DEVELOPER? AND YOU WILL STEP IN IF WE, UH, IF WE CAN HAVE A REPRESENTATIVE FROM THE DEVELOPER.
MY NAME'S NIKKI WELLS WITH TURNBERRY HOMES.
UH, WE'RE THE DEVELOPER OF THIS PROJECT.
ALSO HAVE, UH, JEFF DOBSON HERE TONIGHT WITH REAGAN SMITH, WHO'S THE ENGINEER OF RECORD, UH, FOR THIS PROJECT.
UM, OBVIOUSLY WE'VE GOT 19 LOTS PROPOSED THAT HAS RECENTLY BEEN EXTENDED.
THE CITY OF BRENTWOOD, UH, WHICH WE THINK IS A, UM, VERY NON-AGGRESSIVE, UH, PROPOSAL HERE.
UM, WE ARE IN AGREEMENT WITH THE STAFF REPORT, UH, AND ASK FOR YOUR APPROVAL TONIGHT.
UH, I I WILL SAY THAT WHEN WE ORIGINALLY, UH, SUBMITTED THIS AND, AND MET WITH STAFF, UH, WE CAME IN WITH A, UH, A PLAN THAT DIDN'T HAVE THE STUB ROADS.
WE CAME IN WITH A PLAN THAT DIDN'T HAVE THAT, UH, ADDITIONAL SOUTHERN ACCESS POINT.
UM, IT WAS AFTER STAFF REVIEWED IT AND FOR REASONS LISTED IN THE STAFF REPORT THAT THEY DEEMED IT, UH, IN THE BEST INTEREST, YOU KNOW, MOVING FORWARD THAT THOSE STUB ROADS BE INCLUDED AND THAT SOUTHERN ACCESS, UH, ROAD BE INCLUDED.
UH, SO THAT'S WHY IT'S SHOWN THERE TODAY.
UH, WE OBVIOUSLY DON'T WANNA COME BEFORE YOU WITHOUT STAFF RECOMMENDATION.
UM, BUT WE HAVE MET WITH, UH, THE PROPERTY OWNERS AND DISCUSSED THAT WITH THEM.
UM, UH, THE, THE ORIGINAL EASEMENT THAT'S IN BLUE, UH, YOU KNOW, WE WENT BACK TO THEM AND, AND SAID WE CAN ADD THIS SECONDARY ACCESS AND THAT WAS NOT SOMETHING THAT THEY WERE INTERESTED IN AT ALL.
SO THAT'S WHY THAT REMAINS AND LEGALLY THEY HAVE, UH, UH, EVERY RIGHT TO BE ABLE TO KEEP THAT EXISTING ACCESS IN BLUE WHERE IT IS.
SO THAT'S WHY THAT'S THERE AS WELL.
UH, AS FAR AS THE, UH, SOUTHERN ACCESS POINT, UH, THAT IS WOULD BE FINE WITH, UH, US AS A DEVELOPER IF THAT'S ADDED AS A CONDITION OF APPROVAL.
UH, WE INTEND FOR THAT TO BE CONCRETE, UH, JUST FOR AESTHETICS.
ALL THE OTHER, UH, DRIVEWAYS IN THERE WILL BE CONCRETE.
SO WE WILL BLEND IN AS OPPOSED TO ASPHALT.
ANYTHING ELSE YOU OTHER YOU WANNA ADD? ANY, ANY OTHER QUESTIONS I CAN ANSWER? UM, DO YOU HAVE STANNICK, MR. TUCCI, THE BALLARDS ARE GONNA BE LOCATED WHERE BOTH OF THOSE RED ARROWS ARE SHOWING OR JUST THAT ONE LOCATION? UM, ON ROAD A HOW ABOUT ON THIS OTHER SIDE? ON ROAD A ONLY ON ROAD A ONLY, WHICH IS, THAT'S THE ONE ON THE LEFT, RIGHT? THE WEST YES, SIR.
COMMISSIONER LUNDGREN, WHAT CONDITIONS WOULD CAUSE THOSE BALLARDS TO BE REMOVED? AND MAYBE THAT'S MORE A QUESTION FOR TODD.
AH, THERE'S NO, I MEAN, THERE IT WOULD ONLY BE IF AND WHEN THE ROAD WERE EXTENDED TO THE WEST.
OTHERWISE THEY WOULD REMAIN AS IS.
COMMISSIONER TRAVIS, COMMISSIONER COLLEY, ONE MORE QUESTION FOR TODD.
IF AND WHEN THE PROPERTY TO THE WEST HERE GETS DEVELOPED IN THE FUTURE, WHAT'S YOUR OPINION ON THE ACCESS POINT OF THE GRAVEL EASEMENT TODAY AS IT RELATES TO THE TRAFFIC ON SAM DONALDSON AND, AND, AND THAT SAM DONALD ROAD AND THAT SORT OF DYNAMIC? THERE WON'T BE A FUTURE ACCESS POINT, BUT AS SAM DOLL GETS MORE TRAFFIC, IS THE ACCESS EASEMENT THERE IS ADDED? THE ACCESS EASEMENT IS ONLY GOING TO BE USED BY THE TWO PROPERTIES TO THE SOUTH.
SO IF, IF THE WOLF TRACK DEVELOPS, YOU KNOW, THEY WILL, THERE'LL BE A, A ROAD SERVING THE WOLF TRACK,
[00:25:01]
WHICH WILL CROSS THE GRAVEL DRIVE OR THE ACCESS EASEMENT, AND THEN IT WILL EXIT, YOU KNOW, OUT TO THE NORTH HERE ONTO SAM DONALD THROUGH THE A CODE DEVELOPMENT? YES.AND MY, MY QUESTION IS, IS MORE TRAFFIC COMES ON SAM DONALD IS INGRESS AND EGRESS TO AND FROM THE BLUE ACCESS ROAD ROAD TODAY, HAS THAT BECOME PROBLEMATIC OR DANGEROUS IN THE FUTURE? IT SOUNDS LIKE THE CITY WOULD CERTAINLY PREFER THE RESIDENTS OF THE TWO SOUTH LOTS TO USE THE PROPOSED YELLOW EASEMENT FOR ACCESS TO THEIR HOMES.
I IMAGINE SAFETY'S PART OF THAT CONSIDERATION.
WE WOULD, BUT I MEAN, THEY HAVE THE RIGHT TO, TO USE THE GRAVEL, GRAVEL ROAD.
AND, AND THEY WILL CONTINUE TO HAVE THAT UNTIL THEY GIVE IT UP.
UM, BUT YEAH, AS WE MENTIONED, OR AS I MENTIONED IN THE INFORMATIONAL MEETING, UM, THAT STUB ROAD A IS ALSO, I MEAN, IT'S IMPORTANT TO THE WOLF PROPERTY BECAUSE SHOULD THEY EVER DEVELOP THAT IN THE FUTURE, UM, THAT'S PROBABLY THEIR ONLY ACCESS POINT BECAUSE OF DISTANCE, THEIR PROPERTY'S DISTANCE TO THE INTERSECTION.
UM, SO ANYWAY, IT'S AN IMPORTANT, UH, CONNECTION SHOULD THE WOLF TRACK EVER WANNA DEVELOP IN THE FUTURE.
UH, YOU SAID THAT A IS GONNA BALLARDS ON IT, WHAT IT, WHAT'S GONNA BE AT C BECAUSE THAT'S A POTENTIAL, RIGHT? I MEAN, THAT'S A SUB ROAD.
IS IT GONNA HAVE A TEMPORARY DEAD END SIGN? IT WILL.
JUST LIKE ANY OTHER TEMPORARY CUL-DE-SAC, ANYWHERE ELSE.
SO WHY IS THIS ONE THEN GOING TO NOT HAVE AN OPENING FOR SOMEBODY TO GO TO THAT PROPERTY AND, AND A IS LIKE, WHY, WHY CAN A NOT BE, UM, KEEPING, UH, LANDSCAPING THERE OR SOME OTHER MATERIALS SO THAT IT'S NOT AN EASY ACCESS FOR SOMEBODY TO, UH, GET THROUGH? ONTO THE ONTO ARE IS IS A THE ONE ON THE RIGHT, UH, ON THE NO, THIS ONE, THAT ONE THAT, THAT WAS THE ONE THAT HAS THE BALLARDS.
SO WHY IS THAT ONE GONNA HAVE BALLARDS AND THIS ONE IS BLOCKED OFF BECAUSE OF, UH, THE EASEMENT TO MAKE SURE VEHICULAR ACCESS DOESN'T GO ONTO THAT EASEMENT.
BUT IF THIS ONE IS BLOCKED, WHY IS THIS ONE NOT BLOCKED? THAT'S WHAT I'M SAYING.
LIKE, WHY, WHY DO WE NEED BALLARDS ON THERE? BECAUSE THAT A ACCESS, THAT'S WHERE THE EASEMENT GOES THROUGH THE EXISTING EASEMENT IN BLUE.
AND WE WANT TO PUT BALLARDS AT THE END OF THAT STUB ROAD SO THAT VEHICLES CAN'T ENTER INTO THAT EASEMENT.
BUT WHY, WHY NOT JUST HAVE IT BE A DEAD, WHY, WHY NOT HAVE THE TEMPORARY DEAD END AND HAVE LANDSCAPING THERE? LIKE THE OTHER, LIKE THE OTHER ONE IS, AND, UH, AND LIKE OTHER PLACES IN THE CITY WE HAVE, I, I THINK IT'S JUST A MORE PERMANENT, I THINK THAT TO ME IT'S LESS, WELL THE, THE OTHER PLACE IS GONNA HAVE A TEMPORARY CUL-DE-SAC, SO IT'LL BE CURBED JUST LIKE ANYTHING ELSE.
BUT IF YOU DID THE SAME ON ROAD A IN THEORY, SOMEBODY COULD JUST RIDE UP OVER THE CURB AND GET INTO THAT ACCESS EASEMENT, WHICH WAS ONE OF THE CONCERNS.
SO THE BOLLARDS ARE INTENDED, SO OKAY.
BEYOND WHAT WOULD NORMALLY BE THERE TO FURTHER BLOCK ACCESS TO THE EASEMENT.
I, I WAS THINKING THAT SOMETHING OTHER THAN THAT WOULD BE MORE SECURE THAT WAY, BUT OKAY.
NO, THEY'LL BOTH BE BUILT THE EXACTLY SAME WAY.
COMMISSIONER TRAVIS? YEAH, JUST PEOPLE COULD GO POKE THE CURB, BUT IF YOU PUT LANDSCAPING EVERYTHING THERE, YOU COULD, YOU COULD STOP THAT IF YOU WANTED TO WITHOUT BO DOLLARS.
POLLERS LOOK LIKE A TEMPORARY SOLUTION, I THINK, TO PEOPLE VERSUS THE PERMANENT CURB IN, IN THERE.
I'M SURE WE'RE GONNA HEAR FROM SOME OTHER PEOPLE AS WE GO THROUGH THIS, BUT WHAT I SEE OF THIS SITTING UP HERE, IT'S A LITTLE BIT, I, I THINK THE WISH IS THAT THE BLUE ROAD WASN'T GONNA HAVE TO STAY THERE.
IF THERE'S A WAY THAT THE YELLOW COULD FUNCTION FOR THOSE TWO DOWN THERE, BECAUSE WE HEARD PREVIOUSLY THAT THE, UH, TWO OWNERS DOWN HERE THAT ONE OF 'EM WORRIED THAT HE'S PULLING HIS TRUCK AND EQUIPMENT THROUGH THERE.
AND THERE MAY BE KIDS PLAYING OUT THERE ON THE GRAVEL ROAD, ET CETERA.
IF THERE'S A WAY THAT THIS IS MORE ACCESSIBLE DOWN AT THE BOTTOM, KIDS PROBABLY AREN'T GONNA PLAY IN THE STREET A PAVED STREET.
SO WHAT CAN WE DO TO, TO ENHANCE THAT YELLOW TO MAKE IT WORKABLE? AND THEN BY ENHANCING THE YELLOW, YOU TAKE AWAY THE NEED FOR THE BLUE AS I SEE IT.
SO YEAH, WE, WE EXPLORED THAT WITH THE, THE EXISTING EASEMENT OWNERS, UM, AND THEY SAID THAT THEY, THAT'S A NON-STARTER FOR THEM.
THEY HAVE THE LEGAL RIGHT TO USE THAT EASEMENT AND WE CAN'T FORCE THEM OR MAKE THEM.
WELL, IT'S, IT'S, IT'S GONNA COME DOWN TO BOTH PEOPLE HAVE LEGAL RIGHTS AND SOMEBODY'S GONNA BE HEARD IF THERE'S NOT A WAY TO NEGOTIATE THROUGH THIS.
AND I WAS JUST SAYING TO ME, COMMON SENSE SAYS TRY TO MAKE THAT YELLOW SOMEHOW FUNCTIONAL VERSUS THE BLUE.
[00:30:01]
I'M SURE WE'RE GONNA HEAR FROM THE OWNERS AND THEY'LL HAVE A CHANCE TO COMMENT ON THAT.BUT JUST LOOKS LIKE IF WE COULD MAKE THAT WORK SOMEHOW, THAT IT WOULD SOLVE A LOT OF PROBLEMS. COMMISSIONER BAIN, THAT, THAT WAS PART OF MY QUESTION TOO, IS, IS HOW WIDE IS THAT EXISTING ACCESS THROUGH THERE? BECAUSE PEOPLE WITH STROLLERS AND LIKE YOU SAID, KIDS AND STUFF, THEY'RE GONNA HOP ON THAT TRAIL AND WALK IT BACK AND FORTH, YOU KNOW, WOULD BE, ESPECIALLY IF THERE'S BALLADS THERE.
I MEAN, YOU JUST WALK IN BETWEEN THOSE FOR, FOR PEDESTRIAN TRAFFIC THAT'S NOT GONNA DO ANYTHING.
UM, SO JUST, JUST CURIOUS, I MEAN, IS THERE ENOUGH ROOM FOR TWO PEOPLE TO PASS BY? AND LIKE YOU SAID, I, I'M SURE WE'LL HEAR FROM OTHER PEOPLE TOO, BUT THAT'D BE MY CONCERN IS PEOPLE FILTERING INTO THERE.
I THINK THE EASEMENT IS 20 FEET AND THE 25 FEET, IS IT 25 FEET? AND THEN THE ACTUAL DRIVE WIDTH IS ABOUT 11, 12 FEET.
UM, SO, YOU KNOW, JUST A NORMAL DRIVEWAY CONDITION.
IT, IT CAN'T COME STRAIGHT DOWN.
IT CAN'T JUST, IF YOU GO, I KNOW THAT'S RED DRAWN TO PLANS THAT WOULD RUN STRAIGHT INTO THE, THE ONE LOT, THE YELLOW, THE DRIVE, THE PAVE, THE CONTEMPLATED PAVED DRIVE AND THE YELLOW EASEMENT.
YOU SAID THAT'S GONNA BE 11 FEET WIDE.
UM, THAT I WAS SPEAKING TO THE EXISTING WIDTH OF THE DRIVEWAY.
DID THE EXISTING GRAVEL WIDTH, WHAT'S THE PROPOSED WIDTH OF THE NEW ONE? I WOULD, I WOULD THINK AT A MINIMUM 12 FEET.
UM, THAT'S TYPICALLY THE DRIVEWAY WIDTH THAT WE BUILD.
COMMISSIONER TUCCI QUICK QUESTION.
THE HOA IS NOW GONNA BE RES, IS GONNA HAVE THE RESPONSIBILITY OF THAT BLUE LINE OF THE BLUE ROAD.
DOES THAT FALL UNDER THE RESPON, THE H-O-H-O-A RESPONSIBILITY ONCE THE PRO PROPERTY GETS DEVELOPED? YES, SIR.
IN THE DISCUSSION THAT WE HAD THE LAST TIME, THE GENTLEMAN THAT LIVES DOWN THERE BASICALLY SAYS HE'S GOT EQUIPMENT THAT'S GONNA DRIVE UP AND DOWN THAT BLUE.
I DON'T THINK I'D WANT THAT EQUIPMENT GOING UP THAT YELLOW ROAD AND CUT IN FRONT FRONT OF THOSE HOUSES.
NOW WE'RE GONNA HEAR FROM HIM AS TO WHAT HE'S GOING, I BELIEVE, BUT THAT I, FROM WHAT I UNDERSTAND, IT'S GONNA STAY A GRAVEL ROAD AND HE'S GONNA HAVE COMPLETE ACCESS TO THAT ROAD DURING THIS TRANSITION AND EVEN BEYOND.
MR. STANTON, UM, LIKEWISE, I I HAVE A QUESTION.
SO IF THE, THE ACCESS EASEMENT WILL BE MAINTAINED BY THE HOA, WILL THE YELLOW ROAD ALSO BE MAINTAINED BY THE HOA? CORRECT.
SO IT'S, IT WON'T BE AN OFFICIAL CITY STREET OR NO.
ARE THERE ANY OTHER QUESTIONS FOR THE DEVELOPER? OKAY, THANK YOU.
IF WE HAVE ANYBODY FROM THE AUDIENCE WOULD LIKE TO TALK, PLEASE COME UP, INTRODUCE YOURSELF AND, UH, TELL US WHERE YOU LIVE, MR. STREET ADDRESS, PLEASE.
I'M AT 98 0 1 SAM DONALD ROAD.
I AM THE, THE PROPERTY ON THE SOUTH AND TO THE LEFT.
GREAT QUESTION ABOUT THE HOAI JUST LEARNED ABOUT THAT THIS AFTERNOON.
NEVER HAS ANYBODY INFORMED ME THAT A WILLIAMSON COUNTY PRESIDENT WAS GONNA BE SUBJECT TO AN HOA OF A NEIGHBORHOOD THAT THEY DO NOT LIVE IN.
UM, I HAVE HERE A SIGNED DRIVEWAY MAINTENANCE AGREEMENT WRITTEN BY CHRIS ERICA SIGNED BY ME.
ARE YOU KIDDING? LET'S SEE HERE.
I'VE CONSISTENTLY CALLED MY DRIVEWAY A PRIVATE DRIVEWAY.
THERE'S A REASON FOR THAT IN THE BOOK DEEDED THROUGH WILLIAMSON COUNTY, SIGNED BY CHRIS ERCO.
IT CLEARLY STATES, OH GOSH, I, I THINK I GAVE MY BIGGER PIECE OF PAPER AWAY.
DO YOU NEED THIS ONE BACK? I GOT ONE HERE.
PRIVATE DRIVEWAY NOTIF NOTIFICATION.
THIS ROAD IS TO BE BUILT AND MAINTAINED JOINTLY BY ALL OWNERS, TAKEN ACCESS FROM THIS PRIVATE DRIVEWAY.
IT IS NOT INTENDED TO BECOME A PUBLIC ROAD.
WILLIAMSON COUNTY HIGHWAY COMMISSION MAY AT THEIR DISCRETION UPON, UH, AGREE TO ACCEPT THIS ROAD INTO THE COUNTY HIGHWAY SYSTEM IF ALL PROPERTY OWNERS AGREE, PETITION THE HIGHWAY COMMISSION FOR A PUBLIC ROAD AND TWO, BUILD OR PAY FOR UPGRADING TO COUNTY SPECIFICATIONS.
AT THE TIME OF THE REQUEST SIGNED BY CHRIS ERICA, THIS WAS ALWAYS INTENDED
[00:35:01]
TO BE A PRIVATE DRIVEWAY.FROM THE MOMENT I BOUGHT THIS PLACE, FROM THE FIRST MOMENT I INQUIRED ABOUT PURCHASING THIS PROPERTY, IT WAS TO REMAIN A PRIVATE DRIVEWAY.
IN NO WAY, SHAPE OR FORM WAS IT TO BE MADE PUBLIC.
WE'RE SUPPOSED TO BE ABLE TO ALLOW WHO COMES IN AND GOES THE YELLOW STRIP, I'VE MENTIONED IT BEFORE, THAT ONLY GOT BROUGHT INTO PLAY BECAUSE OUR UTILITIES ARE BEING COMPROMISED.
POWER LINES ARE RUN DIRECTLY DOWN RIGHT WHERE THAT ROAD GOES RIGHT NOW.
SO WHEN THOSE ARE GONE, THEY HAD TO COME UP WITH A SOLUTION TO GIVE US OUR UTILITIES BACK.
SO WE WERE TOLD BY THE DEVELOPER IN OUR TALKS, WHILE WE WERE HAVING THOSE THAT, WELL, WHAT WE COULD DO IS RUN YOU A UTILITY EASEMENT OFF OF THE LINE SO THAT YOU GUYS HAD ACCESS TO UTILITIES THAT WOULD BE GAS, UH, WATER, WATER, SEWER, INTERNET ACCESS.
WHEN ASKED HOW, WHEN I TALKED WITH PLANNING ABOUT THIS, THEY SAID, WELL, NO, IT'S NOT ON THE PLANE.
SO THAT'S NOT, YOU'RE NOT TO GET THAT.
I SAID, WELL, IF I'M SURROUNDED BY EVERY OUNCE OF BRENTWOOD, I'M THIS LITTLE ISLAND IN THE MIDDLE SURROUNDED BY BRENTWOOD.
IT NO WAY, SHAPE, OR FORM ARE WE ALLOWED TO HAVE ANY OF THESE UTILITIES? HOW DO WE GAIN ACCESS TO THOSE? AND IF, IF AT ALL, IT DOESN'T SEEM LIKE THAT'S POSSIBLE, AND NOW THEY'RE GONNA GO AHEAD AND TAKE AWAY OR ATTEMPT TO TAKE AWAY OUR PRIVATE DRIVE, THAT IS A UTILITY EASEMENT.
MY NEIGHBOR HAS HIS WATER LINE RAN DOWN THAT RIGHT NOW, IF THERE WAS A WAY TO LOOK AT AN OVERVIEW, A BIGGER PICTURE OF THIS MAP, YOU WOULD SEE THAT ROAD A GOES, OH, SO NICELY STRAIGHT ACROSS AND THEN RIGHT INTO SAM DONALD ROAD.
I MEAN, UH, SPLIT LOG ROAD, WHO IN THEIR RIGHT MIND IS GONNA GO PAST THAT UP THE HILL, TAKE A RIGHT ONTO SPLIT LOG OR SAM DONALD ROAD, GO INTO THE NEIGHBORHOOD AND THEN LOOP ALL THE WAY BACK AROUND WHEN THEY CAN JUST GO TAKE THE SHORTCUT EVERY SINGLE TIME.
AND AT WHICH POINT, IF EVERYBODY'S TAKING THAT ROUTE, I HAVE TO WHAT? STOP AND LOOK BOTH WAYS.
WAIT FOR CARS, WAIT FOR TRAFFIC.
HOW DOES THAT PLAY OUT? IT MAKES NO SENSE.
THERE WERE A LOT MORE QUESTIONS TO THIS PLAN.
AND ON TOP OF THAT, I WASN'T, I DIDN'T RECEIVE THIS PLAN UNTIL ABOUT THREE WEEKS AGO.
IF, IF AT BEST, UM, I WAS NOT GIVEN THE TIME TO REVIEW IT, TO MEET WITH ANYBODY.
UM, ESPECIALLY GRANTED, WE'VE GOT THE HOLIDAYS HERE.
UM, MY DAUGHTERS WERE IN TOWN FOR THE WEEK.
THAT'S WHAT I DEDICATED MY TIME TO.
UM, I LITERALLY JUST LEFT THE AIRPORT, RUSHED OVER HERE.
UM, THE YELLOW STRIP, YOU ASKED HOW WIDE THAT IS.
IT'S NOT ALLOWING ENOUGH ROOM FOR ANY TYPE OF UTILITIES.
UM, I'M SURE THERE'S MORE, BUT RIGHT NOW I HONESTLY CAN'T THINK ABOUT IT.
UM, I THINK LAWFULLY, WE ARE ENTITLED TO THAT DRIVEWAY, THE ONE THAT WE PURCHASED WHEN WE BOUGHT OUR HOMES.
THAT IS WHAT'S LEGALLY BINDING.
UM, TO JUST COME IN AND TAKE IT AWAY IS, UM, AN INSULT, UM, WITHOUT A YIELD.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK, SIR? OH, SORRY.
SAM CAN SAY YOUR NAME AGAIN, NEITHER GRE.
I KIND OF ECHO WHAT BRANDON MENTIONED.
AND, UH, I ALSO HAVE A CONCERN, OBVIOUSLY, ABOUT MY UTILITY BECAUSE IT RUNS THROUGH THE EASEMENT FROM THE STREET, TILL THE, UH, UM, TILL THE PROPERTY.
AND UH, ALSO THE OTHER UTILITIES AS WELL.
YOU KNOW, I MEAN, IF WE'RE WE'RE GOING THROUGH THIS, WE OBVIOUSLY WE NEED TO HAVE SOME ACCESS TO THE SERVER OR, UH, UH, WATER OR GAS.
[00:40:01]
AS FAR AS THE YELLOW, UM, UH, EASEMENT, ACTUALLY, I'M FRANKLY, I'M FINE WITH THIS AS LONG AS IT'S WIDE ENOUGH TO ALLOW TWO CARS TO PASS.AND, UH, AND I, I, I HEAR BRANDON'S POINT, IF HE WANTS TO EXTEND IT FORWARD, THAT'S FINE, BUT FOR ME, I WOULD LIKE TO HAVE IT CURVED NEXT TO MY PORCH.
THERE IS NO POINT FOR ME GOING ALL THE WAY DOWN AND THEN GOING BACK TO MY PROPERTY.
UM, ALSO, I HAVE AN ISSUE ALSO WITH, UH, JUST PRIVACY.
I MEAN, WE BOUGHT THIS PROPERTY JUST TO MAKE, YOU KNOW, FOR PRIVACY PURPOSES.
AND, UH, WE JUST WANT TO MAKE SURE THAT WE MAINTAIN TREES, UH, YOU KNOW, TO, TO KEEP OUR, YOU KNOW, PRIVACY WITH ALONG THE EASEMENT AND ALONG THE, UH, MY PROPERTY LINE AS WELL.
I'M THE OWNER TO, I HAVE NO IDEA WHAT DIRECTION.
UM, AND SO I I, I REALLY DON'T HAVE ISSUE WITH THE BLUE OR THE YELLOW LINE.
UM, THE, THE DUPLICATION OF THAT I IS CONFUSING TO ME AS IT SOUNDS LIKE IT WAS FOR, FOR YOU.
RIGHT NOW, THE WAY THAT MY PROPERTY SITS, I HAVE ACCESS TO SAM DONALD AS WELL AS THE SPLIT LOG WHERE I COME OUT ON SAM.
DONALD IS IMMEDIATELY ADJACENT TO THE GRAVEL DRIVEWAY.
SO I JUST HEARD FROM THE PLANNING COMMISSION THAT THAT WOULD BE A DANGEROUS INTERSECTION FOR ME TO COME OUT OF MY PROPERTY ON SAM DONALD RIGHT NEXT TO THE GRAVEL DRIVEWAY, WHICH IS PRETTY ABRUPT TO THE CORNER.
ALRIGHT, SO, UM, I'M, I'M A LITTLE BIT CONFUSED BECAUSE IF I WERE TO DEVELOP THAT PROPERTY IN THE FUTURE, WHICH I HAVE NO INTENTION OF DOING AT THIS POINT AS A FAMILY FARM, IS I WOULD LIKE TO HAVE MY OWN ACCESS, NOT HAVE TO USE THE ONE THAT IS NUMBER A OR WHATEVER THAT, UH, UH, BALLARD OR WHATEVER THE BALLARD REMOVAL IS.
AND SO, AGAIN, I'M, I'M THINKING THROUGH THIS ON JUST IN, IN, IN, IN TERMS OF LONG-TERM LOGISTICS.
SO THE EASEMENT AS IT EXISTS TODAY, DOESN'T GIVE ME CONCERN.
IT IS BEING MOVED FROM THE COUNTY TO THE CITY.
WHEN YOU GO TO THE CITY, IT COMES TO A DIFFERENT STANDARD.
THEY'RE RESPONSIBLE FOR MAINTAINING THAT ROAD.
I WOULD EXPECT THAT IT WOULD BE MAINTAINED TO THE CITY STANDARDS, NOT THE GRAVEL STANDARDS.
SO WHATEVER THAT IS CONCRETE OR, OR ASPHALT, THEY COULD, THEY COULD, UH, ADDRESS THAT.
UH, THE ACCESS TO, AGAIN, TO SAM DONALD WOULD BE MY CONCERN, BECAUSE YOU'RE TELLING ME ALREADY BEFORE I EVEN DONE ANYTHING THAT I CAN'T HAVE ACCESS TO SAM DONALD BECAUSE IT'S TOO CLOSE TO THE INTERSECTION, WHICH IS ONLY ONE FOOT AWAY FROM THE DRIVEWAY THAT EXISTS TODAY, WHICH IS PRETTY CLOSE TO THE DRIVEWAY, OR, OR EXCUSE ME, TO THE INTERSECTION, WHICH IS CLEARLY DANGEROUS.
THERE'S A LOT OF CARS ON THAT ROAD AND YOU'RE COMING DOWN A HILL.
ONLY REASON I KNOW THAT I OWN THE PROPERTY ACROSS THE STREET, I HAD TO ASK THE HIGHWAY COMMISSION TO PUT UP A STEEL BARRICADE BECAUSE SO MANY CARS CAME DOWN.
SAM DONALD WENT THROUGH THE STOPLIGHT THROUGH MY FARM AND INTO THE PASTURE.
ALRIGHT? LUCKILY NOBODY EVER WAS HURT, BUT, UH, IT HAPPENED PRETTY REGULARLY.
AND NOW THERE'S A STEEL BARRICADE THERE.
BUT, UH, SO I HAVE HORSES, I'VE GOT ALPACAS AND, UH, I THINK I ECHO THEIR CONCERN.
YOU PUT, LEAVE THAT REMAINING EASEMENT ON THERE.
A BALLARD'S NOT GONNA STOP 'EM FROM WALKING ON IT.
UM, AND YOU KNOW, I DON'T SHARE BRANDON'S VIEW THAT IT WAS EVER INTENDED TO BE A PRIVATE DRIVER.
AND ANYTIME I HAD ISSUE WITH WORK THAT BRANDON WAS DOING, I WOULD GO TO CHRIS KO AND SAY, HEY, I'VE GOT ISSUE WITH THIS.
AND HE WOULD ADDRESS IT AS THE OWNER OF THE PROPERTY OF WHICH THE EASEMENT WAS ON.
SO THAT SORT OF BRINGS ME FULL CYCLE, IS THAT ONCE IT TURNS INTO THE SUBDIVISION, AND BRANDON OR OR OTHERS CONTINUE TO DO WHAT THEY'VE DONE IN THE PAST, WHICH HAS BEEN PARK THEIR EQUIPMENT ON THE EASEMENT, UM, POSITION, LITTLE TIGHT TOYS ALL ALONG THE PROPERTY LINE, JUST AS, AS AN IRRITANT OR, UH, REMOVE TREES OR MOVE A DRAINAGE DITCH IN ORDER TO MOVE THE WATER.
ALL OF THAT WAS, I COULD ALWAYS GO TO CHRIS AND SAY, WHAT'S GOING ON HERE? NOW
[00:45:01]
I GOTTA GO TO AN HOA, WHO IS THAT? IT'S AN AMBIGUOUS SORT OF TERM.AND NOW THEY GONNA WANT TO GET INVOLVED IN THAT TYPE OF A DISCUSSION.
AND SO THAT'S SORT OF A CONCERN OF MINE.
THE DRAINAGE OF THAT PROPERTY GOES FROM HIGH TO LOW.
AND I'M, AND BEYOND MY PROPERTY OR ON MY PROPERTY IS A CREEK.
SO THAT'S A NATURAL FLOW THAT GOES DOWNWARD.
AND SO I'VE HAD A CONTINUALLY ADJUST EVERY TIME ADJUSTMENTS WERE MADE TO THE DRIVEWAY OR A PIPE WAS PUT IN TO PUT GRAVEL OR ROCK TO SLOW DOWN THE FLOW OF THE WATER THAT WAS BEING REROUTED OR TREES THAT WERE BEING REMOVED.
SO I, I DON'T KNOW WHAT THIS MEANS AS FAR AS DEFINITIONALLY, BUT I WOULD LIKE CLEAR DEFINITION ADDED TO WHAT IF IT DOES REMAIN AS AN EASEMENT, WHAT IT, IT IS CLEARLY JUST AN EASEMENT FOR IN AND OUT OF THAT PROPERTY THAT, THAT THE HOMEOWNERS IN THE BACK DO NOT HAVE THE RIGHT TO, YOU KNOW, PUT BOULDERS NEXT TO IT OR TREE DEBRIS OR, OR ANYTHING ELSE THAT DETRACTS FROM MY VIEW.
AND I DON'T WANT TO HAVE TO PUT THAT BURDEN ON THE HOA TO HAVE TO MAKE THOSE JUDGMENT CALLS BECAUSE IT'S GONNA BE YEARS BEFORE THAT'S REALLY ESTABLISHED.
AND THAT'S REALLY NOT THEIR JOB.
THEIR JOB IS TO LOOK AT THE BEAUTIFICATION OF THEIR OWN PROPERTIES.
UM, SO A CLEAR DEFINITION THAT THE EASEMENT IS PART OF THE COMMON PROPERTY THAT IS, AND I, I DON'T KNOW THE RIGHT WORDS.
I I'VE TALKED TO THE, THE PLANNING FOLKS, BUT I DON'T KNOW THE RIGHT WORDS TO HOW DO YOU PUT THAT IN THE EASEMENT RIGHTS AS TO WHAT CAN AND CAN'T BE DONE? AND THEN WHEN THERE'S AN ISSUE, HOW DOES IT GET RESOLVED? THAT'S, THAT'S REALLY MY ONLY, MY ONLY COMPLAINT I'VE GOT, AGAIN, HORSES AND ALPACAS.
YOU INTRODUCE A SUBDIVISION NEXT TO ME AND MY FIRST THOUGHT IS, UH, UH, YOU GOT KIDS CLIMBING ON THE FENCE TO PET THE HORSES OR TO FEED THE ALPACAS OR GIVE SOMEBODY A PEPPERMINT OR A HO, YOU KNOW, CARROT.
ALL OF THAT'S FINE AND DANDY, BUT YOU KNOW, THAT'S, THE DIETARY RESTRICTIONS OF EACH OF THOSE ANIMALS IS, IS UNIQUE.
SO I, I DON'T KNOW HOW THAT REALLY WORKS.
I LIKE THE IDEA OF THE THE YELLOW, YELLOW ACCESS POINT, UH, BECAUSE IT, IT ELIMINATES MY FRUS OR MY CONCERN ABOUT HOW TO ADDRESS ANYTHING THAT GETS, GETS BROUGHT UP IN THE FUTURE.
AND THEN, YOU KNOW, BRING IT TO CITY STANDARDS.
YOU KEEP SAYING GRAVEL, GRAVEL FOR ME IS NOISE.
I WOULD LOVE TO SEE PEOPLE, YOU KNOW, THAT BEING PAVED TO SOME STANDARD.
UM, LEMME SEE IF I HAVE ANYTHING ELSE TO SAY.
I MEAN, I MEAN IT, BUT THE, I THINK THE, THE, THE THING I THOUGHT I WOULD LEAVE YOU WITH IS THAT IF THE MINDSET IS IT'S A PRIVATE DRIVEWAY WHERE I COULD DO WHATEVER I WANT ON MY DRIVEWAY, YOU KNOW, BRANDON IS A COLLECTOR OF THINGS.
HE'S GOT JET SKIS, BOATS, CARS, HE'S GOT TWO AND A HALF ACRES.
THERE'S A LOT OF STUFF PARKED THERE.
AND IF YOU HAVE A PRIVATE DRIVEWAY THAT IT'S ALMOST A QUARTER MILE LONG OR A HALF MILE LONG, YOU COULD PARK A LOT OF THINGS ALONG THAT.
AND SO WHO'S GONNA MAINTAIN THAT AS COMMON AREA? WHO'S GONNA CUT THE GRASS, WHO'S GONNA INTRODUCE GREENERY OR WHATEVER IS GETS INTRODUCED IN THE COMMON SPACE.
THAT'S SORT OF MY, MORE, MY CONCERN.
IT'S MORE THE PRESERVATION OF THAT INTEGRITY OF THE SPACE.
SO I HAPPY TO ANSWER ANY QUESTIONS.
I WOULD LIKE TO ADDRESS THAT ONE MORE TIME IF I COULD.
IS GIVE YOUR NAME AND ADDRESS.
I WAS ALSO HIS REAL ESTATE AGENT WHEN HE BOUGHT THAT PROPERTY.
THE DISCUSSIONS WITH CHRIS, ERICA WERE, WERE ABOUT IT BEING A PRIVATE PROPERTY, THE ONLY, OR PRIVATE DRIVE.
THE ONLY REASON IT WAS NOT DONE AT THAT TIME IS BECAUSE NADER'S LOT WAS NOT DEVELOPED AT THAT POINT, AND HE HAD TO HAVE ACCESS TO THAT PROPERTY AS WELL.
SO THEY JUST MADE AN EASEMENT REGARDLESS OF THAT.
AS FAR AS BRANDON'S DRIVE GOES, THAT IS A DRIVEWAY THAT'S NOT A CITY STREET.
I DON'T KNOW OF ANYBODY ELSE'S DRIVEWAY THAT NEEDS TO BE BROUGHT UP TO CITY STANDARDS AND HAVE BE PAVED OR MAINTAINED ACCORDING TO THE NEIGHBOR.
THE NEIGHBOR HAS TAKEN PART OF THAT PROPERTY AND PUSHED LAND ALL THE WAY UP TO, IF YOU WANNA DRIVE OUT THERE, YOU CAN SEE IT PUSHED AND MOUNTED ROCKS AND MADE A BIG HILL.
[00:50:01]
AESTHETICALLY KNOCKED DOWN TREES, LEFT THE TREES THERE, MADE A HUGE DISASTER OUT THERE, WHICH AESTHETICALLY WHEN YOU DRIVE DOWN THAT DRIVEWAY WAS HORRID.WE, WE TRY TO ADDRESS THAT TO NO AVAIL.
HE HAS TAKEN HIS BARNS AND THROWS ALL HIS GARBAGE BEHIND HIM, TONS OF GARBAGE THAT HE COLLECTS, IF THAT'S WHAT YOU SEE.
SO TO EVEN DISCUSS THAT TO KIDS HAVE LEFT THEIR TOYS IN A DRIVEWAY THAT HE DOESN'T EVEN USE.
IT'S NOT HIS DRIVEWAY OR BOULDERS WHERE BRANDON'S BEEN MOVING THINGS BECAUSE HE'S TRYING TO MAKE THE DRIVEWAY BETTER.
IT'S BEEN A WORK IN PROCESS TRYING TO TAKE A GRAVEL DRIVEWAY WITH BIG BOULDERS AND THE LAND OUT THERE IS ROUGH, WHICH THEY'LL FIND OUT IF THEY DEVELOP AND, YOU KNOW, INSTEAD OF YOUR CAR GOING BOOM, BOOM, BOOM, AT SOME POINT HE'S GOTTA TRY TO MOVE THOSE BOULDERS TO THE SIDE SO HE COULD FILL IT WITH GRAVEL AND HAVE A SMOOTHER DRIVEWAY, WHICH HE'S BEEN WORKING ON.
HE'S SPENT PROBABLY, I DON'T EVEN KNOW IN TIME, ENERGY, MONEY, PROBABLY A HUNDRED THOUSAND DOLLARS ON THAT DRIVEWAY THAT HAS NOT BEEN SHARED BY CHRIS ERICA, WHICH ACCORDING TO THE PLANS WAS SUPPOSED TO HAPPEN OR ANYONE ELSE.
HE'S LIKE WORKED HIS TAIL OFF TRYING TO MAKE THAT DRIVEWAY ACCESSIBLE SO THAT HE COULD GET HIS STUFF IN AND OUT.
IF OTHER PEOPLE DON'T LIKE THAT HE HAS BOATS, JET SKIS, THAT'S NOT THEIR ISSUE.
THAT'S THINGS THAT HE HAS FOR A FAMILY USE JUST AS THE SAME AS SOMEBODY ELSE COULD HAVE A HORSE OR SOMETHING ELSE.
SO I DON'T KNOW THAT SOMEBODY ELSE'S EASEMENT AS ANYBODY ELSE'S BUSINESS WHAT THAT LOOKS LIKE.
UM, OTHER THAN TO KNOW THAT IT'S BEEN A WORK IN PROGRESS AND IT HAS BEEN HOURS AND HOURS AND HOURS OF TOIL THAT HE'S SPENT TRYING TO GET THIS DRIVEWAY TO BE USABLE SO THAT HE COULD GET THE EQUIPMENT THAT HE USES FOR HIS BUSINESS AND GO IN AND OUT OF HIS HOME TO BE USABLE.
UM, ONE THING I NOTICED WHEN I WENT TO THE COUNTY TODAY AND GOT THE DEEDS WAS IN THE, SINCE THE LAST TIME WAS WERE DRAWN THE ON JACK'S PROPERTY.
THE NAMES HAVE CHANGED OF WHO OWNS THAT PROPERTY.
IT NOW SHOWS A SUBDIVISION UP IN THAT CORNER ON THE DEEDED, WHICH WAS NOT THERE PREVIOUSLY.
THE OTHER THING THAT'S NAMED IS THE PROPERTY BEING HIS WIFE'S NAME.
AND THAT WAS NOT LISTED AS THAT PREVIOUSLY.
SO I'M NOT SURE WHAT'S GOING ON OVER THERE.
BUT, UM, THERE HAVE BEEN SOME MAJOR CHANGES TO THIS THAT, LIKE BRANDON SAID, UNTIL WE WERE ABLE TO GO DOWN AND GET, UM, A PLAT THAT SHOWED THAT, UM, THAT WE WEREN'T AWARE OF TODAY.
I WENT AND THEIR COPY WAS DOWN SO WE WEREN'T ABLE TO GET A HUGE DEEDED.
AND AS FAR AS HIM SAYING THAT HE THINKS IT'S A PRIVATE DRIVE, IF YOU READ THE DEEDED, IT CLEARLY SAYS THAT THIS WAS INTENDED TO BE, IT'S A EASEMENT, BUT WAS ALSO INTENDED TO BE A PRIVATE DRIVE AND NEVER TO BE TURNED INTO A PUBLIC STREET.
SO I'M NOT SURE HOW WE'RE COUNTING THAT AS YOU CAN CROSS THAT AND MAKE ANOTHER PUBLIC ROAD OUTTA THAT.
THANK YOU COMMISSIONER TRAVIS? YEAH.
OH WAIT, WE, SO POINT OF CLARIFICATION.
SO IF WE HAVE QUESTIONS STILL FOR THE CITY, DO WE NEED, AND I KNOW THAT WE, WHEN WE HAVE OUR DISCUSSION THAT WE ARE SUPPOSED TO HAVE A MOTION ON THE FLOOR.
UM, IF WE STILL HAVE MORE QUESTIONS FOR THE CITY, SHOULD WE GO AHEAD AND MAKE OUR MOTION AND, AND OR SHOULD WE DO OUR QUESTIONS FIRST THEN MOTION AND DISCUSSION ULTIMATELY, I THINK, PARDON? SORRY.
ULTIMATELY, I THINK IT'S UP TO YOU ALL AS A COMMISSION AND AS THE CHAIR IF YOU WOULD, IF YOU DO HAVE ADDITIONAL QUESTIONS TO ASK BEFORE A MOTION NEEDS TO BE MADE.
UM, BUT AGAIN, LIKE YOU SAID, ONCE THE MOTION AND SECOND ARE ON THE FLOOR, THAT SHOULD BE TIME FOR A DISCUSSION.
UM, COMMISSIONER UCCI, UH, MS. THE DEVELOPER, COULD YOU COME BACK UP THERE AGAIN? UM, JUST TO, FOR CLARIFICATION, IF I'M NOT MISTAKEN, YOU ARE GONNA BE RESPONSIBLE AS THE, UNTIL THE SUBDIVISION IS COMPLETED AS RESPONSIBILITY OF THE HOA AS YOURS.
CORRECT? YOU TAKE, YOU TAKE THE ROLE AS THE HOA, WE'RE NOT PROPOSING TO DO ANYTHING DIFFERENT WITH THESE EASEMENT.
BUT WHAT I'M SAYING IS WHILE THE HOMES ARE BEING DEVELOPED AND BEING BUILT, YOU'RE STILL RESPONSIBLE FOR EVERYTHING IN THERE THAT GOES IN THERE.
WE TAKE OVER OWNERSHIP FOR THE AIR CODES THAT CURRENTLY OWN IT, AND THERE'S NOTHING THAT CHANGES WITH THE EASEMENT.
SO IF THE QUESTION COMES UP TO HELP ANSWER THAT GENTLEMAN'S QUE CONCERNS, IF THERE'S ANY ISSUES, THEY SHOULD BE CONTACTING
[00:55:01]
YOU INSTEAD OF ERICA AS TO WHAT'S GOING ON ON THAT PROPERTY.THAT'S TO HELP YOU WITH YOURS.
NOW, FOR THE CITY, BASED ON THE INFORMATION THAT THE GENTLEMAN PRESENTED, DO THEY HAVE THE RIGHT TO ACTUALLY DO THAT IF HE'S GOT A COMMITMENT OR A LETTER THAT STATES THAT HE'S RESPONSIBLE FOR THAT ROAD AND IT'S GONNA BE HIS RESPONSIBILITY FROM A LEGAL STANDPOINT? DO WE HAVE A, I'M SORRY, I DON'T UNDERSTAND YOUR QUESTION.
SO I I CAN'T, I WILL SAY THAT I CAN'T GIVE AN OPINION ON OKAY.
ANY KIND OF PRIVATE EASEMENT, WHICH IS WHAT WE'RE TALKING ABOUT.
THERE IS A PRIVATE EASEMENT IN PLACE THAT, THAT HAS BEEN DISCUSSED.
BUT, UM, AS FAR AS THE LOGISTICS OF IT, I AM ETHICALLY UNABLE TO GIVE AN OPINION ABOUT THE PRIVATE EASEMENT.
'CAUSE MY CONCERN WAS, IS THE COMMENTS THAT HE MADE WITH THE AGREEMENT THAT HE MADE WITH ERIC ON, WITH REGARDS TO THE PROPERTY.
AND I CAN'T GIVE AN OPINION ON THAT AS A, AS A PRIVATE MATTER THAT IS A PRIVATE AGREEMENT AND A PRIVATE EASEMENT.
AND I THINK, AND, AND KIRK, YOU LOOK LIKE YOU'RE ABOUT TO SAY SOMETHING, UM, SEVERAL PARTS OF OF THE EASEMENT HAVE BEEN DISCUSSED TONIGHT AND THAT WHAT IT ACTUALLY STATES HAS BEEN GONE OVER, AND TODD WENT OVER IT AS WELL.
UM, BUT AS FAR AS ANY KIND OF VERBAL AGREEMENTS THAT WERE MADE, WE, I CAN'T GIVE AN OPINION ABOUT THOSE.
BUT JUST TO BE CLEAR, THE EASEMENT, THE EXISTING EASEMENT DOCUMENT, WHICH WAS BEFORE MR. ERICO MUST HAVE OWNED THE PROPERTY AND BEFORE THESE GENTLEMEN OWNED, OWNED PROPERTIES.
BUT IT CONTINUES, IT SAYS MAINTENANCE OF SET EASEMENT, UM, SHALL BE BORN IN EQUAL SHARES BY ANY PARTIES WHO HAVE BEEN GIVEN AN EASEMENT FOR THE RIGHT TO USE SUCH ROAD, WHICH WOULD BE THESE TWO PROPERTY OWNERS ARE RESPONSIBLE FOR THE MAINTENANCE OF IT.
I THINK THE QUESTION THEN BECOMES, DOES THE HOA ALSO AS PROPERTY OWNER HAVE SOME MAINTENANCE RIGHTS TO IT? SHOULD THEY CHOOSE TO EXERCISE THEM PROVIDED IN DOING SO, THEY DON'T IN ANY WAY FORFEIT THE RIGHTS OF THIS EASEMENT.
MY QUESTION IS, UM, HE, HE GAVE US, UH, THE COPY OF THE, UH, I, AND THIS APPEARS THAT IT'S FROM THE COUNTY, UM, THAT THEY HAD A PRIVATE DRIVEWAY NOTATION WHERE, WHERE IT SAYS THAT SAME THING THAT THE, THE TWO HOMEOWNERS WOULD BE RESPONSIBLE FOR MAINTAINING.
AND THAT'S DATED, UH, JUNE 8TH, 2009, UH, SIGNED BY MR. ERCO, UM, AND THE TEAGUE.
SO H HOW, I DON'T UNDERSTAND HOW, IT DOESN'T SEEM LIKE THAT'S GONNA BE CLEAR IN THIS PLAN THAT IT'S THE TWO HOMEOWNERS THAT MAINTAIN IT.
UM, IF, IF SOMEBODY'S ALREADY SAID IT, THE HOA, YOU KNOW, IF IT'S, IF IT'S, AND IS THERE A CITY PRECEDENT FOR THAT? DO WE HAVE ANYWHERE ELSE IN THE CITY WHERE THERE IS GREEN SPACE THAT BELONGS TO A SUBDIVISION, BUT IT ALSO IS SOMEBODY ELSE'S, UM, ACCESS FOR EITHER UTILITIES OR, WELL, FOR DRIVING ACTUALLY, CERTAINLY FOR UTILITIES, I'M SURE WOULD DO.
SO I I'M JUST WONDERING, IS IT CLEAR IN THE PLAN THAT IT'S, THAT IT'S THERE, THAT THEY'RE GONNA MAINTAIN IT, THAT THE HOA CANNOT PAVE IT OR MAKE CHANGES TO IT? AND, UM, IF THE CITY OR WHOEVER WOULD BE PUTTING THE ROAD ACROSS IT, UM, DOES THAT NOT DISRUPT THE EASEMENT? SO ONE THING THAT I CAN SAY IS THAT APPROVAL OF A PLAN CANNOT INTERFERE WITH A PRIVATE CONTRACT, WHICH IS, THAT'S, THAT'S THE WHOLE THING.
SO THE PLAN CAN'T NECESSARILY SPELL OUT, SPELL OUT WHO'S DOING WHAT, BUT IT DOES SPELL OUT THAT THE EXISTENCE OF THE EASEMENT IS THERE.
AND THEN ANYTHING ELSE IS AGAIN, A PRIVATE AGREEMENT.
THE EASEMENT DOCUMENT AND ALSO SAYS THAT THE GRANTOR BEING THE PROPERTY OWNER RESERVES THE RIGHT TO USE SAID EASEMENT AND TO ALLOW THE USE OF SAID EASEMENT BY OTHERS AS HE MAY DESIRE.
SO IT WASN'T AN EXCLUSIVE EASEMENT.
AND YOU CANNOT INFRINGE ON THAT UNLESS THEY VOLUNTARILY GIVE THOSE UP.
BUT IT DOES NOT MEAN THAT OTHERS COULD NOT USE IT.
IN THIS CASE IT WOULD BE HOA PROPERTY.
SO SOMEONE WALKING ON IT, IF THEY'D SO CHOOSE, NOT SURE WHY THEY WOULD, BUT THEY MIGHT IS NOT A VIOLATION OF, AND AGAIN, I'M GIVING LEGAL ADVICE AND SHE'S GONNA SLAP ME WHEN WE'RE DONE HERE
I MEAN THAT'S WHAT, I'M SORRY.
FROM THE LEGAL DOCUMENT THAT GIVES THEM THE, YEAH.
I'M NOT TRYING TO BE CONFRONTATIONAL.
WELL, NO, I'M JUST SAYING THAT PEOPLE USE THE WORD DEEDED AND, AND, AND YES, DEEDED IMPLIES OWNERSHIP.
AND THAT'S THE DIFFERENCE HERE.
AND, AND SO FROM OUR PERSPECTIVE, JUST IN, YOU KNOW, MR. TAG WAS TALKING ABOUT DOING AWAY WITH HIS PRIVATE DRIVEWAY.
THERE'S NO CHANGE IN, IN HIS RIGHTS OR THE USE OF THAT DRIVEWAY WITH THIS PLAN.
[01:00:02]
OKAY.UM, NOT TO TAKE AWAY FROM THE DRIVEWAY AND EASEMENT, I THINK WE'LL COME BACK TO THAT.
BUT IT SOUNDS LIKE FROM WHAT MR. WOLF SAID, IF WE GO BACK UP THERE TO A RED ARROW, A THAT, THAT'S NEVER GONNA BE CUT THROUGH TO THE OTHER PROPERTY OR USEFUL.
I, I MEAN, AS I GO BACK TO, IF, IF THAT HAD A CURB, AND I KNOW THEY CAN DRIVE OVER A CURB, BUT IF IT HAD CURB AND BUSHES, ET CETERA, IT WOULD BE LESS ACCESSIBLE THAN IF YOU HAVE THAT THERE WITH BALLARDS, BECAUSE BALLARDS ARE WIDE OPEN AND PEOPLE CAN CROSS IT.
I DON'T THINK THAT'S A GOOD PLACE FOR BALLARDS.
I'D RATHER SEE A DEAD END WITH BUSHES AND TEMPORARY SIGN PERSONALLY.
AND THEN THE OTHER PART ABOUT THIS, I FEEL LIKE THERE'S GOTTA BE SOME MISUNDERSTANDING ON THE UTILITIES BECAUSE THERE'S GOTTA BE ACCESS TO UTILITIES TO THESE PEOPLE SOMEHOW, SOME WAY ALL UTILITIES, RIGHT? I MEAN, IS THAT COVERED WITH, WITH WHAT WE'VE SEEN, TODD? YES.
THERE'S A NOTE ON THE PLAN THAT, UH, UTILITIES TO BE, UH, EITHER REMOVED AND OR RELOCATED.
SO WHATEVER UTILITY ACCESS THEY HAVE TODAY HAS TO BE, HAS TO BE MAINTAINED.
SO THAT WHAT
SO THE UTILITIES RUN IN, UM, THEY'LL BE UNDERGROUND, I WOULD ASSUME, RIGHT? MM-HMM.
SO RIGHT NOW, THE UTILITIES, THAT SERVICE PORTION, OH, I'M SORRY, I CAN'T DO BOTH.
THEY RUN DOWN THIS, YOU'RE RIGHT.
SO RIGHT THROUGH THE MIDDLE OF THE LOTS.
SO THOSE HAVE TO BE RELOCATED.
THE EXISTING INGRESS, EGRESS EASEMENT, THE 25 FOOT WIDE YELLOW LINE IS ALSO A UTILITY EASEMENT.
SO, UH, UTILITIES COULD COME DOWN.
THAT UTILITY EASEMENT DOWN THE BLUE LINE.
THERE IS ALSO THIS 15 FOOT WIDE INGRESS, EGRESS EASEMENT HERE ON EACH SIDE OF THE LOT LINES EXIST A UH, WELL THAT DOESN'T EXIST UNTIL THIS IS APPROVED, BUT THERE WILL BE A 10 FOOT WIDE PUBLIC UTILITY DRAIN EASEMENT ON EACH SIDE OF THAT LINE AS WELL.
SO THERE ARE MULTIPLE, UH, ROUTES FOR UTILITIES TO BE RELOCATED TO SERVE THESE TWO PROPERTIES.
COMMISSIONER INGRID, CLARIFICATION ON THE WIDTH OF THAT ROAD.
I'VE HEARD A NUMBER OF DIFFERENT WIDTHS OF THAT YELLOW.
SO IT'S, THE WIDTH OF THE EASEMENT IS 25 FEET.
WELL, UH, THE, THE WIDTH OF THE EXISTING DRIVEWAY HAS BEEN SAID TO BE BETWEEN 10 AND 12 FEET WIDE.
SO YEAH, THAT WOULD LEAVE YOU, UH, WHAT, SEVEN FEET ON EACH SIDE, SOMETHING LIKE THAT.
YOU'RE TALKING ABOUT THE BLUE, THE BLUE ROAD, NOT THE, YOU WERE TALKING ABOUT THE YELLOW ROAD THOUGH.
UH, THE EASEMENT INGRESS, RESS EASEMENT IS 15 FEET WIDE.
AND AS THE, UH, DEVELOPER SAID, THERE'S ABOUT TWO FEET OF SPACE ON EACH SIDE OF THAT.
SO THAT'S GONNA GIVE YOU ABOUT AN 11 FOOT WIDE CONCRETE PAVED DRIVE.
BUT YOU SAID THERE'S PUBLIC UTILITY EASEMENTS ON I ON BOTH SIDES OF THE 15 FOOT INGRESS, EGRESS EASEMENT ON EACH SIDE OF THOSE LOT LINES.
UH, THAT, UH, ABOVE THE OPEN SPACE.
COULD I ASK A QUESTION OF THE CITY, UM, TO, IS IT AN OPTION TO PRESERVE BOTH THE FUTURE CONNECTIVITY THE CITY MIGHT BE LOOKING FOR IN THE EVENT THE WOLF PROPERTY IS EVER DEVELOPED? WELL, THAT'S WHAT, BY NOT PAVING THAT ROAD A, LEAVING IT AS A GRASS EASEMENT UNTIL SUCH TIME THAT THE WESTERN PROPERTY, THE WOLF PROPERTY IS DEVELOPED AND THAT CONNECTIVITY IS NEEDED, BUT JUST PROVIDING A GRASS EASEMENT ON ROAD A INSTEAD OF A PAVED ROAD, WELL, YOU'D HAVE TO REDESIGN THE PLAN COMPLETELY.
'CAUSE THAT'S HOW THESE LOTS ARE ACCESSED TODAY UNDER THIS PLAN, THE DRIVEWAY.
AND THAT WOULD GO AGAINST ALL OF OUR STANDARDS TODAY, WHICH IS TO REQUIRE THE ROAD TO BE BUILT TO THE PROPERTY LINE WE'RE ALREADY GIVEN IN A LITTLE BIT TO NOT CROSS THE EASEMENT WITH IT AT THIS POINT IN TIME.
AND, AND COMMISSIONER TRAVIS SAID THAT HE DIDN'T SEE HOW THIS WOULD EVER BE EXTENDED.
AND, AND AGAIN, WE BELIEVE IT VERY MUCH SHOULD BE EXTENDED IN THE FUTURE.
UH, BECAUSE WE BELIEVE MR. WOLF, IF IT EVER DEVELOPED AS HIS DRIVEWAYS EXIST
[01:05:01]
TODAY, HE HAS THOSE RIGHTS TODAY.IF IT'S EVER DEVELOPED, THEN THERE'S ALL DIFFERENT STANDARDS FOR A PUBLIC ROAD TO ACCESS A SUBDIVISION RELATIVE TO ACCESSING THESE ARTERIAL ROADS COMPLETELY DIFFERENT THAN A PRIVATE DRIVEWAY ACCESS.
AND THOSE, THAT'S WHERE WE, WE CAN'T SAY TODAY WHETHER HE COULD OR COULD NOT.
WE JUST THINK IT'S GONNA BE A CHALLENGE BETWEEN THE SIGHT LINES BOTH COMING UP THIS HILL AND THEN THE CURVE ON SPLIT LOG.
SO THAT'S WHY WE WOULD LIKE FOR HIS BENEFIT, HE MAY NOT ALWAYS SAY, SEE IT THAT WAY TODAY, BUT WE BELIEVE THAT ROAD IS NECESSARY TO MAINTAIN, UH, ENSURE THERE'S SOME ACCESS POINT FOR FUTURE DEVELOPMENT HERE IF ONE CANNOT OCCUR OUT ON THE ARTERIAL ARTERIAL ROAD.
BUT EVEN IF YOU CLOSE IT IN AS A CUL-DE-SAC, YOU'RE NOT ELIMINATING THAT.
YOU PUT THE TEMPORARY SIGN AT THE END.
WELL, THAT'S WHAT WE'RE, I MEAN, THAT'S BEING, IN CLOSING IT AS A CUL-DE-SAC IS WHAT'S BEING PROPOSED.
I THOUGHT WE WERE PUTTING BALLARDS NO CURB.
WELL, WE'RE DOING THAT IN ADDITION TO CREATING THE CURB, BUT THERE'LL STILL BE CURB CURBS, CURVED AND BALLARDS.
I THOUGHT IT WAS AN EITHER OR.
WHAT I WOULD LIKE TO SEE IS TWO ADDITIONAL CONDITIONS OF APPROVAL.
ONE BEING THAT THE NEW PROPOSED YELLOW EASEMENT BE A PAVED CONCRETE DRIVE.
AND A SECOND ONE FOR THE DEVELOPER TO PUT SAFETY SIGNAGE ALONG THE EXISTING GRAVEL EASEMENT NOTIFYING RESIDENTS OF VEHICULAR TRAFFIC LIKE AT THE, THE REAR OF LIKE, THESE LOT OR THE LOT LINES.
IS THAT WHAT YOU, AT LEAST IN ADDITION TO THE, THE TEMPORARY SIGN BY THE BOLLARDS, YOU SAID VEHICULAR.
THERE'S VEHICLES THAT GO UP AND DOWN THE DRIVE THAT SERVES TWO HOMES.
IF OUR CONCERN IS THAT KIDS FROM THE NEIGHBORHOOD ARE GONNA BE WALKING ON THE GRAVEL DRIVE DRIVE WHERE VEHICLES ARE TRAVELING TO AND FROM THEIR HOMES, THAT WOULD PARTIALLY ADDRESS SOME OF THAT SAFETY CONCERNS.
THE VERBIAGE OF THE SIGNAGE I'LL DEFER TO THE CITY, BUT I THINK IF, FOR THE CONCERN OF SAFETY, IF WE'RE MAKING RESIDENTS AWARE THAT VEHICLES HAVE THE RIGHT TO ACCESS THIS GRAVE ROADWAY, THAT WILL MITIGATE SOME OF THE SAFETY RISK, I GUESS THE MAINTENANCE OF THE BLUE LINE AT SOME POINT I THOUGHT THAT WE TALKED, DOES THAT HOA OR IS IT STILL FALL ON? WHERE, WHERE DOES THAT, WHO TAKES CARE OF THAT? IS THAT TOTALLY THE HOA OR IS IT HOA AND THE TWO RESIDENTS DOWN BELOW ARE WHO TAKES CARE OF THE MAINTENANCE ON THE BLUE LINE? AGAIN, I'M JUST READING TO YOU FROM THE EASEMENT DOCUMENT, THAT MAINTENANCE, UM, SHALL BE BORN IN EQUAL SHARES BY ANY PARTIES WHO HAVE BEEN GIVEN AN EASEMENT FOR THE RIGHT TO USE SUCH ROAD.
SO I'M JUST, THAT WOULD TODAY IT'S THOSE TWO PROPERTY OWNERS WHO ARE RESPONSIBLE FOR IT.
WHAT HAPPENS WHEN THERE'S THE HOA AND IF THE HOA WANTED TO DO SOMETHING DIFFERENT MAINTENANCE WISE AS THE PROPERTY OWNER PROVIDED, THEY DID NOT IN ANY WAY INFRINGE ON THEIR EASEMENT RIGHTS.
I, I DON'T KNOW THAT WE'RE GONNA GIVE A LEGAL OPINION ON THAT.
HOA WOULD BE THE PROPERTY OWNER.
THEY CANNOT INFRINGE ON THESE RIGHTS.
COULD THEY GO OVER AND ABOVE AND IMPROVE IT? THAT'S UP.
I DON'T KNOW WHY THEY WOULD OUTTA THEIR OWN MONEY FOR THEIR BENEFIT, BUT, WELL, I, AND I'M JUST GONNA SAY AS AN HOA PERSON, I LIVE IN A NEIGHBORHOOD THAT HAS AN HOA AND IF, IF THE H HO A'S IN CHARGE OF SOME KIND OF THIS MAINTENANCE, IT'S A PHONE CALL TO THE HOA PRESIDENT.
IT'S NOT LIKE IT'S A BUNCH OF PEOPLE TO CHASE.
I THINK IT'S JUST AS EASY AS CALLING MR. ERICA WHO OWNED THE PROPERTY.
IT JUST BECOMES AN HOA PRESIDENT THAT TAKES THAT OVER.
THAT HAS, HAS SOMETHING TO DO WITH THAT.
I DON'T THINK YOU SHOULD BE FEARFUL OF THAT.
I THINK HOAS FUNCTION PRETTY, PRETTY EFFECT EFFECTIVELY IN BRENTWOOD, UH, AS LONG AS THEY'RE INCLUDED IN THE MIX HERE, WHICH WE DON'T KNOW IF THEY ARE OR NOT.
ALRIGHT, SO DOES ANYBODY HAVE ANY OTHER QUESTIONS? OKAY.
SO DO WE HAVE, UH, CAN I HAVE A POINT OF CLARIFICATION FROM CITY ATTORNEY? UM, IF WE WOULD LIKE TO PUT CONDITIONS ON THE PROPOSALS, UH, OR ON THE PLAN, UM, DO WE, DOES THE PERSON MAKING THE MOTION ADD THEM AT THAT TIME? SO IT'S, IT'S UP TO WHOEVER MAKES THE MOTION.
THE PERSON COULD MAKE THE MOTION TO APPROVE WITH STAFF COMMENTS AND RECOMMENDATIONS AND WHATEVER ADDITIONAL, UH, COMMENTS OR, OR, UM, EXCUSE ME.
THE CONDITIONS THAT THAT PERSON WANTS TO MAKE
[01:10:01]
OR THE PERSON COULD JUST SIMPLY MAKE THE STAFF RECOMMENDED MOTION AND THEN IT COULD BE AMENDED LATER.SO IT'S ENTIRELY UP TO, TO THE MOTION MAKER.
THANK YOU FOR THE CLARIFICATION.
MOTION TO APPROVE THE PLAN WITH TWO ADDITIONAL CONDITIONS OF APPROVAL.
ONE BEING THAT THE DEVELOPER PAVE THE PROPOSED YELLOW EASEMENT CON CONCRETE TO MATCH THE EXISTING DRIVES, PROPOSED DRIVEWAYS IN THE NEIGHBORHOOD.
AND THE SECOND BEING THAT THERE BE REASONABLE SIGNAGE, AT LEAST AT THE CONNECT THE CUL-DE-SAC WITH ROAD A NOTIFYING RESIDENTS OF THE PROPOSED NEIGHBORHOOD THAT OF THE RIGHT OF VEHICULAR TRAFFIC ALONG THE GRAVEL ROADWAY.
DO WE HAVE A SECOND TO THAT MOTION? SECOND.
SECOND FROM COMMISSIONER STANLEY.
WE'LL START AT THIS END THIS TIME.
I THINK THAT ADDRESSES THE CONCERNS THAT, THAT EACH HAVE EXPRESSED.
THANK YOU COMMISSIONER TUCCI NO MORE.
I, I, I WANNA MAKE SURE THAT THE UTILITY ISSUE IS DISSOLVED IN THE MINDS OF THE HOMEOWNERS.
IT SOUNDS LIKE IT WILL BE, BUT THERE STILL SEEMS TO BE SOME CONFUSION ABOUT WHERE THE UTILITIES WILL BE AND THAT THEY WILL HAVE FULL UTILITY ACCESS.
I THINK THE DEVELOPER MAY BE BETTER ABLE TO, 'CAUSE THEY'VE ALREADY MR. DONE SOME OF THEIR UTILITY PLAN AND THEY MAY BE BETTER ABLE TO ANSWER THAT QUESTION QUESTIONED OF MR. WELLS.
SO AS FAR AS UTILITIES ARE CONCERNED, WE HAD COMMITTED TO THE TWO PROPERTY OWNERS THAT THEY WOULD HAVE ACCESS TO.
UM, SEWER, WATER, GAS, UH, INTERNET, AND OBVIOUSLY ELECTRICAL.
UM, WE, IT'S, WE'RE JUST NOT INTO THE DESIGN PHASE OF THE CONSTRUCTION DRAWINGS TO WHERE WE'RE DESIGNING UTILITIES YET.
SO WE HAVEN'T, WE'VE GOT ACCESS POINTS FOR IT.
IT'LL BE THERE WHEN, YOU KNOW, IF YOU WANNA ADD IT AS A CONDITION OF APPROVAL, THAT'S FINE.
THAT'S SOMETHING THAT WE HAD DISCUSSED, UM, AND THAT WE INTEND TO DO, BUT WE'RE JUST NOT AT A LEVEL WHERE THAT NEEDS TO BE SHOWN AT, YOU KNOW, ON THIS PLAN.
MR. PITMAN, UM, YOU KNOW, I'VE LOOKED AT THE PROPERTY AND I UNDERSTAND, UH, THE POINT OF VIEW FROM, FROM ALL OF YOU.
I ACTUALLY LIVE ON PROPERTY THAT I HAVE A SEPARATE ACCESS AGREEMENT AND OFF THE OTHER SIDE I HAVE MY UTILITIES.
UM, I HAVEN'T HAD TO DEAL WITH AN HOA, THEY'VE BEEN PRIVATE PROPERTY OWNERS.
UM, IT REALLY HAS NOT BEEN FOR US MUCH OF AN ISSUE.
UM, WE'VE BEEN THERE ALMOST 20 YEARS.
UM, I CAN SEE THE CONCERN ABOUT CROSS TRAFFIC.
UM, I AGREE WITH COMMISSIONER CROWLEY THAT WE SHOULD, UM, HAVE SIGNAGE UP THERE SO THAT PEOPLE ARE AWARE THAT IT'S BEING USED FOR, FOR TRAFFIC FOR THE, FOR THE PROPERTY OWNERS.
UM, I DO HAVE A QUESTION FROM MS. KORN ABOUT IF WE DO WANT TO PUT, UH, AN AMENDMENT ABOUT THE UTILITIES, BECAUSE MY CONCERN IS THAT WHEN THEY START DOING GROUNDWORK, UH, YOU KNOW, THE, THE, UH, LEVELING AND STUFF, THEY'RE GONNA DISRUPT THE EXISTING UTILITIES TO THOSE PROPERTY OWNERS.
UM, AND SO I DON'T KNOW HOW WE PUT IN THAT THEY NEED TO, UM, PRESERVE THOSE DURING THE CONSTRUCTION PROCESS.
I MEAN, OBVIOUSLY COMMON SENSE AND, YOU KNOW, BEING A NICE NEIGHBOR WOULD, WOULD DO THAT.
BUT, UM, YOU KNOW, I DON'T KNOW IF WE CAN OR IF WE SHOULD OR I ACTUALLY, IF, IF IT'S OKAY IF I DEFER TO MR. BASKIN ABOUT THAT YES.
AS FAR AS WHAT THAT LOOKS LIKE FROM A CONSTRUCTION, CONSTRUCTION STANDPOINT.
SO I'LL JUST START OFF BY SAYING THIS, IF THE, THE DEVELOPER HAS MENTIONED THAT HE'S TALKED TO THE OWNERS ABOUT THE UTILITIES AND OFFERED TO PUT THAT AS A CONDITION.
SO IF YOU GUYS WOULD LIKE TO DO THAT, THAT'S FINE.
BUT TYPICALLY DURING A CONSTRUCTION, UH, OR DEVELOPMENT OF A SUBDIVISION LIKE THIS, WITHIN THIS CONSTRUCTION PLANS, THERE ARE NOTES TO STATE THAT ALL UTILITIES, UH, TO OTHER PROPERTY OWNERS REMAIN IN SERVICE AT ALL TIMES, OR THEY'RE NOTIFIED 24 HOURS IN ADVANCE OF ANY OUTAGES, THINGS LIKE THAT.
SO, SO THAT, THAT WOULD ALL BE IN THE FURTHER PLANS THAT WE GET.
CAN I JUST ADD JUST ONE QUESTION? I KNOW THERE'S MIC, UH, WE'RE NOT REALLY TO OKAY.
SPEAK UP JUST AS CONSTRUCTION AND, AND YOU'RE ADDING THOSE EASEMENTS.
THERE'S NO GAS BACK THERE NOW.
[01:15:01]
YOU OUT WATER AND I, I'VE TALKED WITH TURNBERRY AND THEY'VE COMMITTED TO EXTENDING THAT THROUGH SORT OF BY A OVER THERE TO ADD THAT AS WELL TO THE WEST AS WELL AS TO THE SOUTH.ARE THERE ANY MORE DISCUSSION ON THE, ON THE BOARD? OKAY.
ALL IN FAVOR OF APPROVING THE PRELIMINARY PLAN FOR THE EICO SUBDIVISION SUBJECT, NOT ONLY TO THE REQUIREMENTS IN THE STAFF REPORT, BUT ALSO TO THE TWO AMENDMENTS, UH, FOR SIGNAGE AND FOR THE PAVING OR SOLID SURFACE TO BE PLACED ON THE SOUTHERN ACCESS.
SAY I A AYE OPPOSED ABSTAINING.
WE PASS, UH, SUBJECT TO THE REQUIREMENTS AND THE NEW TWO NEW AMENDMENTS.
[1. Monthly Security Report -- December 2023]
MOVING ON TO OTHER BUSINESS, MR. PETROSKI.YEAH, THE SECURITY REPORT, SECURITY REPORT FOR DECEMBER, UM, HAS A, UM, WE HAD A REDUCTION OF $294,726.
UM, SO THE TOTAL AMOUNT IN THE, UH, DECEMBER SECURITY REPORT IS $16,663,473.
AND WE ASK THAT YOU APPROVE THAT, UH, TONIGHT.
DO WE HAVE A MOTION TO APPROVE THE SECURITY REPORT FOR DECEMBER OF 2023? MOTION FROM COMMISSIONER PIPPEN.
SECOND FROM COMMISSIONER BAIN.
I DO HAVE ONE OTHER ITEM REAL QUICK.
HE HAS A NEW, UH, TEAM MEMBER IN HIS DEPARTMENT.
MR. KEVIN BLACKBURN JOINS US AS, UH, ONE OF OUR NEW C KEVIN HAS A GREAT AMOUNT OF MUNICIPAL EXPERIENCE IN ENGINEERING AND, UH, AND CIVIL SITE WORK AS WELL.
SO WE'RE, WE WELCOME HIM TO OUR TEAM HERE.
WE WANNA SHAKE YOUR HAND AFTER THE MEETING.
ALRIGHT, ARE WE ALL GOOD? ANY OTHER BUSINESS? IF NOT, THEN WITHOUT OBJECTION, WE ARE ADJOURNED.