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Min P&Z 06/26/2021 Special �y O.F. " O TeX Pte' PLANNING AND ZONING SPECIAL MEETING 200 S.Main Street, Cibolo TX 78108 June 26,2021 10:30 AM MINUTES 1. Call to Order-Meeting was called to order by Chairman Ms.Latimer at 10:36 a.m.- 2. Roll Call and Excused Absences—Members Present: Ms.Latimer,Mr. Hetzel,Mr. Frias,Ms. Gray,Mr. Benson, Mr. Garrison,Mr. Ragland,Ms. Gould, and Ms. Greve 3. Invocation/Moment of Silence—Mr. Benson gave the invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Oath of Office—City Secretary gave the Oath of Office to Ms. Gray,Ms. Gould, and Ms. Greve. 6. Citizens to be Heard This is the only time during the Planning and Zoning Commission meeting that a citizen can address the Planning and Zoning Commission. It is the opportunity for visitors and guests to address the Commission on any issue to include agenda items.All visitors wishing to speak must fill out the Sign-In Roster prior to the start of the meeting. Planning and Zoning Commission may not debate any non-agenda issue,nor may any action be taken on any non-agenda issue at this time; however,the Planning and Zoning Commission may present any factual response to items brought up by citizens. (Attorney General Opinion—JC 0169)(Limit of three minutes each.) All remarks shall be addressed to the Commission as a body, and not to any individual member thereof.Public criticism of the Commission or any action,policy,program, or service provided by the City is not prohibited. However, any person making personal, impertinent, or slanderous remarks to individual members of the Commission while addressing the Commission may be requested to leave the meeting.WE CANNOT HAVE MORE THAN 60 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING AND MAINTAIN SOCIAL DISTANCING. This meeting is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolo or on an agenda item and have this item read at this meeting, please email pcimics@cibolotx.gov or text 210-514-3495 before 9:00am the date of the meeting. The following individuals signed in to speak: Jeff Hunt stated that we need to protect the safety of the citizens. Problems with sewer and water and trucking of waste is a safety and health issue. Joel Hicks spoke on protecting the citizens of Cibolo but also the citizens that live in the ETJ. Pump and Haul is not a sewer fix, it is just a temporary fix with a large problem. Mark Allen also spoke and thanked the new members for volunteering their time to serve on this commission. He was also concerned about the health and safety issues and stated we need to put citizens first. 7. Discussion/Action Items A. Discussion/Action on the Final Plat of Legendary Trails Subdivision Unit 1,within the City's Extra-Territorial Jurisdiction. Mr.Klein the Planning and Engineer Director briefed the Planning&Zoning members on this item. He stated that they all should have received in their packet the minutes of the May P&Z meeting,Letter from Art Anderson, attorney representing the developer, letter from the city's attorney to the applicant listing the conditions and a response letter from Green Valley Special Utility District. Mr. Klein stated that he did not feel that the letter from GVSUD did not adequately address all the issues. The comment on number 2 in the letter did not really address the emergency storage backup system.providing for if trucks breakdown and if more than 75 homes are built. Question still is what do we with extra capacity?They state that additional storage is provide in gravity sewer system and manholes from subdivisions infrastructure. Although we cannot say they cannot do that it is not good practice. Taking the lowest house in the subdivision and calculating capacity in the pipes and size of storage it would be only 2/3 of the tank before we have backup sewage up to the lowest house in the subdivision. Mr.Klein also commented on the alarm system. The letter states hauling operation will be running by GVSUD and will be limited to seventy-five homes. Issue is then what happens when we get to 80 or 85 homes if we get that far. Developers would have to take over and this still has not been addressed. Comment number 3 —letter states TCEQ and TWDB will review the plans as soon as they are complete and ready for construction. As of the date of the letter(June 11,2021)plans had not been reviewed. In Mr. Anderson's letter he states the Texas Water Code requires a CCN holder to provide continuous and adequate service to the area within its CCN boundary. Mr. Klein also added that as of this time Phase 1 no plan have been completed nor have easements been completed. Ms. Latimer stated that the P&Z Commission had a few questions for the City Attorney at this time. The Planning and Zoning Commission went into Executive Session at 10:55 a.m. as authorized by the Texas Gov't Code Section 551.071, Consultation with attorney to discuss the Final Plat of Legendary Trails, Subdivision Unit 1. Planning and Zoning Commission reconvened into regular session at 11:50 a.m. No action taken. Ms. Greve left the meeting at 11:50 a.m. and alternate Planning and Zoning member Mr.Ragland took her place for the remainder of the meeting. Ms.Latimer ask Mr. Buck Benson if he had any comments. Mr. Benson stated that GVSUD responded to the conditions and felt that they had satisfied all the requirements. He requested that the plat be approved.Ms. Latimer ask if any members of the commission had any comments. Mr.Hetzel stated that Green Valley indicates only 75 homes for pump and haul for this project but the plat calls out more than 75 homes. Mr. Buck Benson did state yes that the project is larger than 75 homes but Green Valley does not expect pump and hauhto go over the 75 homes. Ms. Gould stated that Plans submitted for the Treatment Plant for phase 1 she had a comment on#3. GVSUD responded that plans would be reviewed and completed and ready for construction. Ms. Gould has concerns on the timing. Phase 1 calls for 149 homes but only 75 homes would be service with pump and haul. The timing she has a huge problem with. Mr. Buck Benson stated he could not answer for Green Valley on the timing. Ms. Latimer stated that Chapter 13 of the Water Code says that you must provide continuous adequate service to the area within your boundaries. Mr. Buck Benson stated that Green Valley has to provide the service and how it is provided would be a Green Valley issue. Mr.TG Benson's his concerns were for health and safety of the people living in that area and surrounding areas. Ms. Latimer made the motion to deny the final plat for the following reasons: Under TLGC 212.10 it fails to take into account access to an extension of a sewer main,there is no funding,no construction plan, or easements acquired for permanent access to the sewer. It fails to conform to our UDC, and it fails to promote the health and safety,morals and general welfare of the City of Cibolo and its fails to provide for a safe orderly and healthful development of our municipality. There is no contract or provision for the lots not discussed in the pump and haul contract. The contract that does exist does not provide adequate safeguards if one or more entitles involved becomes or is in default. The sewer line extension is too early in the planning stages to provide continuous and adequate reassurance of service. Our UDC 2018 also references 20.3.3.ac and UDC 2021 20.3.3 g3 so we believe that the approval of the plat would be harmful to the health, safety, and general welfare of our city because of the extreme possibilities of leaks and/or spills in using pump and haul and the smell as well as the risk of overflowing equipment if power fails or the trucks are unable to reach the tank to empty them due to weather or equipment failure.Motion was seconded by Mr. Frias. For: All;Against:None. Motion carried 7 to 0. 8. Adjournment—Motion was made by Mr. JG Benson to adjourn the meeting.at 12:05 p.m.Motion was seconded by Mr.Frias. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF AUGUST 2021. "'(`'" Kara Latimer Chairman Planning&Zoning Commission