Planning & Zoning Commission Agendas & Meeting Information

Planning & Zoning Commission Meeting Agenda October 12, 2023 6:00 PM 30360 Cougar Bend, Bulverde Texas 78163 1. CALL MEETING TO ORDER 2. REGULAR AGENDA ITEMS 2.I. Consider approval of the Planning and Zoning Commission Meeting Minutes from September 14, 2023. 2.II. Consider a request by Brazos De Santos for a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). 2.III. Consider a request by Brazos De Santos for a variance to Section 17.06.009 (d)(1), (d)(3), (d)(6), and (d)(7) of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). 2.IV. Consider a request by Brazos De Santos for a variance to Section 17.03.005 (1, 2, 3) and 17.03.006 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). 2.V. Consider a request by Mr. Phil Zaccaria (200 Mitchell Ranch LLC) for approval of the final plat of Estates at Mitchell Ranch, a 193-acre tract of land located at 200 Mitchell Road, Spring Branch. 3. EXECUTIVE SESSION 4. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS 5. ADJOURNMENT ________________________ Sandra V. Ham City Secretary Page 1 of 44 City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodation must be made 48 hours prior to the meeting. Please contact the City Secretary at 830.438.3612 or FAX 830.438.4339 for information or assistance. A quorum of the City Council, Planning & Zoning Commission, Parks & Recreation Advisory Board, and/or Zoning Board of Adjustment may be present at this meeting in order to discuss agenda items related to board business. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council of the City of Bulverde was posted on the bulletin board in front of Bulverde City Hall, which is readily accessible to the public at all times, and on the City's website, www.bulverdetx.gov, by 6:00 pm on October 6, 2023. The Planning & Zoning Commission reserves the right to adjourn into Executive session at any time regarding any issue for which it is legally permissible. The Planning & Zoning Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation, Economic Development negotiations, or personnel matters as listed on this agenda. The Planning & Zoning Commission may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other items on this agenda. Page 2 of 44 These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Audio recordings of most City meetings can be obtained at www.bulverdetx.gov. City of Bulverde, Texas Planning & Zoning Commission Meeting Thursday, September 14, 2023 Meeting Duration: 06:00 PM to 07:55 PM Call Meeting to Order Chair Joe Alexandre called the meeting to order at 6:00 PM. Members of Planning & Zoning Commission Present: Chair Joe Alexandre Commissioner Jeffrey Burrier Commissioner Michelle Molina (arrived at 6:02 PM) Commissioner Linden Sisk Commissioner Brad McCollum Commissioner Ashley Cartier Members of Planning & Zoning Commission Absent: Vice Chair Ted Hawkins Commissioner Gregory Porter City Staff Present: Planning Director Suzanne Williams, City Attorney Jason M. Rammel, and City Secretary Sandra V. Ham Regular Agenda Items 2.I. Consider approval of the Planning and Zoning Commission Meeting Minutes from August 10, 2023. Motion: Chair Alexandre made a motion seconded by Commissioner Sisk to approve the Planning and Zoning Commission meeting minutes from August 10, 2023. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 2.II. Consider a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to the Tree Survey Requirement for Tree Preservation, of the City of Bulverde Code of Ordinances for a 193.22-acre tract of land located at 200 Mitchell Road, Spring Branch, Texas. Motion: Commissioner Sisk made a motion seconded by Chair Alexandre to Page 3 of 44  approve a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to the Tree Survey Requirement for Tree Preservation, of the City of Bulverde Code of Ordinances, with the condition that a tree survey be required on 60 feet on either side of the roadway centerline, and requirement of tree survey is maintained by final property owner before development. Vote: Motion carried (5) ayes to (1) nay, Commissioner Molina opposed. 2.III. Hold a public hearing and consider a request by Hixon Properties Incorporated for the approval of a Planned Development District to allow a Self Storage facility for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2 generally located at North Highway 281 in the 100 block of Old Boerne Road. Chair Alexandre opened the public hearing at 6:39 PM. One comment was received by the Commission. Motion: Chair Alexandre made a motion seconded by Commissioner Cartier to approve a request by Hixon Properties Incorporated for the approval of a Planned Development District with a C-2 base zoning and self- storage facility as an additional use. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 2.IV. Consider a request by Hixon Properties Incorporated for a variance to Section 17.03.005, Disturbance of Slope Areas, of the City of Bulverde Code of Ordinances for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Chair Alexandre made a motion seconded by Commissioner Sisk to approve a request by Hixon Properties Incorporated for a variance to Section 17.03.005, Disturbance of Slope Areas, of the City of Bulverde Code of Ordinances. Vote: Motion carried (5) ayes to (1) nay, Commissioner McCollum opposed. 2.V. Consider a request by Hixon Properties Incorporated for a variance to Section 17.04, Cut and Fill Requirements, of the City of Bulverde Code of Ordinances for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Commissioner Sisk made a motion seconded by Commissioner Molina to approve a request by Hixon Properties Incorporated for a variance to Section 17.04, Cut and Fill Requirements, of the City of Bulverde Code Page 4 of 44  of Ordinances. Vote: Motion carried (4) ayes to (2) nays, Commissioners Burrier and McCollum opposed. 2.VI. Consider a request by Comal Independent School District (CISD) for approval of the final plat for a 22.877-acre tract of land for the Hill Country College Preparatory High School (HCCPHS) located Northeast of the US Highway 281 and Mustang Vista intersection. Motion: Commissioner Molina made a motion seconded by Commissioner Sisk to approve the final plat for a 22.877-acre tract of land for Comal Independent School District (CISD)'s Hill Country College Preparatory High School (HCCPHS). Vote: Motion carried unanimously (6) ayes to zero (0) nays. 2.VII. Consider a request by Brazos De Santos for a variance to Section 17.06.009 (c), (d) (3), (d) (6) of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). Motion: Commissioner Burrier made a motion seconded by Commissioner Cartier to table a request by Brazos De Santos for a variance to Section 17.06.009 (c), (d) (3), (d) (6) of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 2.VIII. Consider a request by Brazos De Santos for a variance to Section 17.03.005 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). Motion: Chair Alexandre made a motion seconded by Commissioner Burrier to table a request by Brazos De Santos for a variance to Section 17.03.005 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 2.IX. Consider a request by Brazos De Santos for a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). Motion: Chair Alexandre made a motion seconded by Commissioner Sisk to Page 5 of 44  table a request by Brazos De Santos for a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Executive Session Public Comments Not Related to Posted Agenda Items Chair Alexandre opened the meeting for public comments not related to posted agenda items at 7:55 PM. There being no one wishing to speak, the public hearing was immediately closed. Adjournment There being no further business to come before the Planning and Zoning Commission, the meeting adjourned at 7:55 PM. Page 6 of 44  PLANNING AND ZONING COMMISSION ITEM: Variance MEETING DATE: October 12, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consider a request by Brazos De Santos for a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). APPLICANT: Brazos De Santos Partners, LTD c/o Jim Guy Egbert PROPERTY INFORMATION: Legal Description: Ridgeview Oaks West, Lot 5 and Ridgeview Oaks West, Lot 9R Bulverde Owner: Methodist Healthcare System of San Antonio, LTD LLP Existing Land Use: Undeveloped SUMMARY: The applicant, Brazos De Santos, intends to develop approximately 7.010-acre tract of land into a commercial development that could include a fast-food restaurant, a drive-thru coffee shop, retail buildings, and a hotel and is requesting a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements. The subject property has an existing topography with elevations that interfere with development. The applicant is requesting this variance to exceed the existing requirements to develop the property into the intended commercial use. ATTACHMENTS: A. Application B. Exhibit C. Engineering Memo Page 1 of 1 Page 7 of 44 Page 8 of 44 Page 9 of 44  REVIEW MEMORANDUM 9601 McAllister Fwy., Suite 1008 + San Antonio, Texas 78216 + 210-298-3800 + FAX 817-735-7491 www.freese.com TO: Suzanne Williams, City of Bulverde CC: Bregger Garrison, PE FROM: George Fowler, PE SUBJECT: 19900 State Hwy. 46 Cut and Fill Variance Request DATE: 10/2/2023 We have reviewed the Brazos De Santos Partners Variance Request Round 2 submission for ordinance 17.04 Cut and Fill requirements and all the previous round’s comments have been adequately addressed. 1. Please specify the ordinance 17.04.003 (cut) and 17.04.004 Fill. FNI Response: Comment cleared 2. Provide narrative and exhibit how stormwater will be managed to prevent increases in flooding to neighboring properties. FNI Response: Comment cleared 3. Provide acceptance letter/documentation from TCEQ that estimated maximum cut is allowed in Edwards Aquifer recharge zone. FNI Response: Comment cleared 4. Provide an estimated maximum depth of cut/fill. FNI Response: Comment cleared 5. Provide narrative and exhibit describing how the cut/fill will be stabilized. FNI Response : Comment cleared 6. Provide a geotechnical report sealed by a license engineer stating if the resulting cut/fill slopes are stable or need support. FNI Response: Comment cleared Sincerely, George Fowler, PE, CFM Consulting Engineer Freese and Nichols, Inc. Page 10 of 44  BILL MILLER © DRIVE THRU COFFEE STATE HIGHWAY 46 © (VARIABLE WIDTH ROW) HOTEL FAST FOOD RESTAURANT LEGEND: PRELIMINARY SITE PLAN NOTES: BILL MILLER BAR-B-Q BULVERDE, TEXAS SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS C1.00 PRELIMINARY SITE PLAN EXHIBIT 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION #10028800 Page 11 of 44  © © STATE HIGHWAY 46 MT. JOY RD LEGEND PRELIMINARY SITE PLAN NOTES: BILL MILLER BAR-B-Q BULVERDE, TEXAS 1 OF 4 OVERALL CROSS SECTION EXHIBIT 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10028800 Page 12 of 44  VERTICAL SCALE: 1" = 10' 1215 SECTION A-A 1215 HORIZONTAL SCALE: 1" = 50' 1210 1210 1205 1205 1200 1200 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10028800 1195 1195 1190 1190 LEGEND 1185 1185 1180 1180 1175 1175 1170 1170 1165 1165 BILL MILLER BAR-B-Q BULVERDE, TEXAS CROSS SECTION A-A 1160 1160 1155 1155 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 2 OF 4 © © Page 13 of 44  VERTICAL SCALE: 1" = 10' 1215 SECTION B-B 1215 HORIZONTAL SCALE: 1" = 50' 1210 1210 1205 1205 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10028800 1200 1200 1195 1195 1190 1190 LEGEND 1185 1185 1180 1180 1175 1175 1170 1170 BILL MILLER BAR-B-Q 1165 1165 BULVERDE, TEXAS CROSS SECTION B-B 1160 1160 1155 1155 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 3 OF 4 © © Page 14 of 44  VERTICAL SCALE: 1" = 10' 1195 SECTION C-C 1195 HORIZONTAL SCALE: 1" = 50' 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10028800 1190 1190 1185 1185 LEGEND 1180 1180 1175 1175 1170 1170 1165 1165 1160 1160 BILL MILLER BAR-B-Q BULVERDE, TEXAS CROSS SECTION C-C 1155 1155 1150 1150 0+00 1+00 2+00 3+00 4+00 4 OF 4 © © Page 15 of 44  PLANNING AND ZONING COMMISSION ITEM: Variance MEETING DATE: October 12, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consider a request by Brazos De Santos for a variance to Section 17.06.009 (d)(1), (d)(3), (d)(6), and (d)(7) of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). APPLICANT: Brazos De Santos Partners, LTD c/o Jim Guy Egbert 430 S. Santa Rosa, San Antonio, TX. 78207 PROPERTY INFORMATION: Legal Description: Ridgeview Oaks West, Lot 5 and Ridgeview Oaks West, Lot 9R Bulverde Owner: Methodist Healthcare System of San Antonio, LTD LLP Existing Land Use: Undeveloped SUMMARY: The applicant, Brazos De Santos, intends to develop approximately 7.010-acre tract of land into a commercial development that could include a fast-food restaurant, a drive-thru coffee shop, retail buildings, and a hotel and is requesting a variance to Section 17.06.009 of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements. The subject property has multiple trees on the property that interfere with development. The applicant is requesting this variance to the tree removal and mitigation requirements and is interested in mitigating trees with infrastructure improvements. ATTACHMENTS: A. Application B. Exhibit C. Engineering Memo Page 1 of 1 Page 16 of 44 Page 17 of 44 Page 18 of 44  REVIEW MEMORANDUM 9601 McAllister Fwy., Suite 1008 + San Antonio, Texas 78216 + 210-298-3800 + FAX 817-735-7491 www.freese.com TO: Suzanne Williams, City of Bulverde FROM: Caroline Stewart SUBJECT: 19900 State Hwy. 46 Tree Preservation Variance Request DATE: 10/02/2023 We have reviewed the Tree Variance Request for 19900 State Hwy. 46 and offer the following comments and questions: • The application states what regulations you would like a variance from but does not explain what the regulations would be changed to. Provide details on what you would like the regulations to be for the tree removal percentage, replacement tree caliper inch widths, and cash in lieu. o What is the reason to deviate from planting at least 50% of the replacement trees at 6” or greater? Applicant Response: Applicant is requesting a variance from section 17.06.009(d)(3) to allow any replacement trees to be a minimum 4-inch in caliper width. Application has been revised to clarify the request and supporting explanation from the landscape architect is provided at the end of this response section. FNI Response: City will need to form response. Applicant Response: Application is also requesting a variance from 17.06.009(d)(6) to allow the total replacement inches planted to be 12%. Section 17.06.009(d)(6) infers that after the 25% cash-in-lieu is provided, 75% of the remaining qualifying inches to be replaced will be through planting. The variance is requesting this remaining percentage be revised to 12% (approximately 136 inches of 4-inch caliper width trees). FNI Response: City will need to form response. Applicant Response: Application has also been updated to include a variance from section 17.06.009(d)(1), allowing the property owner to not have to fulfill 100% of tree removal mitigation requirements. By default the other sections listed on the application and within this response letter warrant a variance from section 17.06.009(d)(1). FNI Response: City will need to form response. Applicant Response: As noted by the landscape architect: “4-inch and 6-inch caliper trees of good quality are difficult to procure to due lack of availability. Tree growers across Texas have not been able to keep up with demand. Good quality trees up to 3-inch caliper size are generally easier to acquire in larger volumes. I attended the Tx Nursey/Landscape Assoc (TNLA) show in August and this was a common item of discussion. It will take a few years for the industry to catch up. We have not had the best of luck with trees being shipped in from other states. They don’t seem to acclimate as well as local grown tree stock. In my professional experience, the small 2-inch and 3-inch caliper trees will overtake a larger 6-inch caliper tree in a period of 5 to 10 years in our limestone soils. Smaller trees seemingly adjust to their planting conditions quicker”. FNI Response: City will need to form response. Page 19 of 44 Name Date Page 2 of 2 o What is the proposed deviation from the tree removal percentage requirement? The code states “the total tree removal from the site cannot exceed 60% of the total caliper width of protected, specimen, majestic, or historic trees on site.” Based on the table of the preliminary tree preservation exhibit, you are proposing to remove 59.8% of the trees on site. Applicant Response: Application has been revised with this section removed. FNI Response: Comment cleared. o Explain why you are requesting a larger cash in lieu payment percentage than the ordinance permits. Applicant Response: The variance request from 17.06.009(d)(6) & 17.06.009(d)(7) is to allow the cash-in lieu of planting to be waived in exchange for construction of sanitary sewer infrastructure to the northeast corner of the US 281 & SH 46 intersection. Granting of this variance request will allow for the City of Bulverde to be able to provide sewer service to customers on the east side of US 281. FNI Response: City will need to form response. • Based on Chapter 16.01.001 Planning and development fee schedule, the per-caliper-cash value for replacement trees is $300 per caliper inch. The plans show $200. If this is part of the variance request, outline the fee reduction. Applicant Response: The application is not requesting a variance from the development fee schedule. The exhibit has been revised to show the $300 replacement value. FNI Response: Comment cleared. • Since there are no details on replacement tree species, include a note on the tree preservation exhibit to meet the following criteria from the Bulverde Code of Ordinances: o No more than 35% of the total replacement trees may be of the same species. Applicant Response: Exhibit has been updated to include requested note. FNI Response: Comment cleared. • The variance criteria explanation form states there was previous conversation with the city to mitigate trees in the form of infrastructure improvements. Outline the proposed improvements in the request. Applicant Response: Developer would like to install sewer infrastructure from the existing lift station in Singing Hills across US 281 to the northwest corner of US 281 and SH 46. The cost for bringing sewer for future developments in this area would be in-lieu of the required cash-in-lieu fee for tree mitigation. FNI Response: City will need to form response. • Informational: A Parking summary is provided on sheet C1.00. This summary was not reviewed for compliance with the Bulverde Code of Ordinances and is not included in the variance requests for this site. Applicant Response: The parking summary has been removed from the site plan. See revise exhibit. FNI Response: Comment cleared. Page 20 of 44 Page 21 of 44  PLANNING AND ZONING COMMISSION ITEM: Variance MEETING DATE: October 12, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consider a request by Brazos De Santos for a variance to Section 17.03.005 (1, 2, 3) and 17.03.006 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). APPLICANT: Brazos De Santos Partners, LTD c/o Jim Guy Egbert PROPERTY INFORMATION: Legal Description: Ridgeview Oaks West, Lot 5 and Ridgeview Oaks West, Lot 9R Bulverde Owner: Methodist Healthcare System of San Antonio, LTD LLP Existing Land Use: Undeveloped SUMMARY: The applicant, Brazos De Santos, intends to develop approximately 7.010-acre tract of land into a commercial development that could include a fast-food restaurant, a drive-thru coffee shop, retail buildings, and a hotel and is requesting a variance to Section 17.03.005 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements. The subject property has an existing topography that interferes with development and installation of facilities/infrastructure. The applicant is requesting this variance to exceed the existing requirements to develop the property into the intended commercial use. ATTACHMENTS: A. Application B. Exhibit C. Engineering Memo Page 1 of 1 Page 22 of 44  Application for Variance 30360 Cougar Bend, Bulverde, TX 78163 Telephone: 830-438-3612 - Fax. 830-438-4339 www.bulverdetx.gov Date: _______________ Case No. __________________ Applicant Information: Brazos De Santos Partners, LTD. c/o Jim Guy Egbert (210) 225-4461 N/A ___________________________________________________________________________________________________________ Name Phone Fax ______________________________________________________________________________________ 430 S. Santa Rosa, San Antonio, TX, 78207 jimguy@billmillerbbq.com Address Email Property Owner Information: N/A ______________________________________________________________________________________ METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO LTD LLP Name Phone Fax ________________________________________________________________________ PO BOX 80610 INDIANAPOLIS, IN 46280-0610 Address Email * If property owner is not the applicant, a letter of authorization from the owner is required with application submittal. Property Identification: Street Address: 19900 State Highway 46 W, Bulverde, TX, 78070 & __________________________________________________________________________ Ridgeview Oaks West, Lot 9R (no address assigned) Legal Description: RIDGEVIEW OAKS WEST, LOT 5 & RIDGEVIEW ________________________________________________________________________ OAKS WEST, LOT 9R Zoning District Classification: C2 & Comal County ____________________________ (City of Bulverde ETJ) Description of Request: 1. 17.03.005(1) Variance to Section ___________________ of the City of Bulverde Code of Ordinances, which requires: 17.03.005: improvements shall not disturb more than that percentage of the surface area indicated within the following slope areas: (1) 15% to 20%: 30% of ____________________________________________________________ the surface area. 2. 17.03.005(2) Variance to Section ___________________ of the City of Bulverde Code of Ordinances, which requires: 17.03.005: improvements shall not disturb more than that percentage of the surface area indicated within the following slope areas: (2) 20% to 25%:15% of ____________________________________________________________ the surface area. 3. Variance to Section ___________________ of the City of Bulverde Code of Ordinances, which requires: 17.03.005(3) 17.03.005: improvements shall not disturb more than that percentage of the surface area indicated within the following slope areas: (3) Greater than 25%: ____________________________________________________________ No disturbance permitted. 4. Variance to Section 17.03.006 ___________________ Tree Removal of the City of Bulverde Code of Ordinances, which requires: 17.03.006: No protected, specimen or majestic tree may be removed within a steep slope area. ____________________________________________________________ (see explanation form and supplementary exhibits for further information). 5. Variance to Section ___________________ of the City of Bulverde Code of Ordinances, which requires: ____________________________________________________________ The undersigned agrees to pay the non refundable application fee and any other applicable fees as outlined in the Planning and Development Fee Schedule and agrees to pay fees for any additional review requiring consultation with City Consultants, including involvement of a contract engineer in a predevelopment conference. To the extent possible, City Staff will provide the Owner/Applicant with an estimate of fees should outside consultation be required. The undersigned also acknowledges the City Staff may require additional appropriate information be submitted to aid in the review. _________________________________________________________ ______________________________ Signature of Owner/Applicant Date Fees: Zoning and Plat Variance Review Fee - $750.00 (per Section/Provision of the Code) Variance Review Fee (all other Variances)- $500.00 (per Section/Provision of the Code) Page 23 of 44  VARIANCE CRITERIA EXPLANATION FORM (for Subdivision Code Variances Only) (This Form is required with submittal of a Variance Application. If more than one variance is requested in an application, a separate Variance Criteria Explanation Form shall be required for each Variance. Please include additional pages as necessary.) ___________________________________________________________________________ 1) Describe the special circumstances or conditions affecting the land involved such that strict ___________________________________________________________________________ application of the provisions of this ordinance would deprive the reasonable use of the land. The subject property is a 7.010 acre tract at the northeast corner of US 281 and SH 46 within the City of Bulverde and Comal County (City of Bulverde ETJ). The portion of the site within city limits is zoned C2 Commercial. The anticipated development may include fast food restaurant, a drive-thru coffee shop, retail buildings, and a hotel. The subject property existing topography is tiered and includes strips of slopes that range from 15% to 25% and exceed 25% that stretch east to west through the full width of the property. The current ordinance would prevent installation of structures, parking, and drive aisles necessary to properly develop the site to meet the allowed uses per the established zoning. 2) Describe how the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. A variance for the Disturbance Within Steep Slope Areas ordinance is necessary to allow for development that respects the allowed uses and intent of the Commercial (C2) zoning. Due to the presence of the steep slopes, the development will need to be allowed to disturb more than 30% of the surface area for 15% to 20% slopes, more than 15% of the surface area for 20% to 25% slopes, and allowance for disturbing area in slopes greater than 25%. The development will also need to be allowed to remove trees within the steep slope areas. Attached exhibit shows percent of disturbance to each of the steep slope areas. The exhibit also indicates the removal of 17 trees within the steep slope areas is needed. It is understood after discussions with the city that the intent of this SH 46 and US 281 intersection is to foster economic growth and activity, making it a business centered area. Granting of the variance will allow the property to develop in a manner consistent with the other corners of the intersection (eg: west side of US 281) and meet the City's vision for ultimate development for the properties adjacent to the US 281 and SH 46 intersection. 3) Describe how granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. Granting this variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area due to the intent of what the variance request is trying to achieve. By granting the variance it will allow improvement to the site topography by smoothing the steep existing topography and allow for a more gentle means of navigating the subject property. 4) What effect, if any, would the variance have on the orderly subdivision of other land in the area in accordance with the City of Bulverde Code of Ordinances? Granting this variance will allow for an organized and orderly development that is still reasonable for the land use assigned in this area. Given the size of the property, and the importance of the owner's right to realize investment-backed expectations, if the subject property was required to fully comply, the development allowed is one that would never be undertaken, by this or any other owner. Allowing this request would affect the subdivision of land in the area, but it would not be negative. Granting the variance would potentially set a precedence for allowing the adjacent C2 Commercial properties to develop in the intent of the zoning regulations and meet the City's vision for ultimate development for the properties adjacent to the US 281 and SH 46 intersection. We ask that the City Council carefully consider our arguments and how these variances are not detrimental, but could actually be beneficial to the community. We hereby formally request that you please schedule these variance request for the earliest available meeting agenda. *Note for the Board / Commission: The following responses were provided by the applicant and may not be consistent with the Department staff report. Page 24 of 44  REVIEW MEMORANDUM 9601 McAllister Fwy., Suite 1008 + San Antonio, Texas 78216 + 210-298-3800 + FAX 817-735-7491 www.freese.com TO: Suzanne Williams, City of Bulverde CC: Caroline Stewart Bregger Garrison, PE FROM: George Fowler, PE SUBJECT: Brazos De Santos Partners Variance Request for 17.03 Steep Slopes – Round 4 DATE: 10/7/2023 10/05/2023 We have reviewed the 4th round submittal for the Brazos De Santos Partners Variance Request submission for a variance to ordinance 17.03 Disturbance within Steep Slopes’ requirements and offer the following comments. Application and Exhibits 1. Provide which ordinance in particular the variance is for. There are several unique ordinances under 17.03. Round 2: List which ordinance a variance is being asked for, example, 17.03.005.e.i Round 3: Comment not cleared; the specific ordinance which the applicant is seeking a variance for has not been provided. Examples, 17.03.005(1) or 17.03.005(3). Round 4: Comment cleared Round 3: New comment, applicant has added a new variance request in this round. The applicant is requesting a variance for 17.03.006 Tree Removal. Please provide an exhibit of a tree survey which lists the size and species of trees to be removed. It is not recommended for a full exemption to this section of the ordinance. Round 4: Verify and show exactly which trees are required to be removed based on the slope analysis exhibit for the proposed steep slope variance request. • The proposed grading/retaining wall on the plans would require a 39inch-caliper majestic tree to be removed (see attached mark-up). The tree preservation variance exhibit does not show this tree to be removed. Any majestic tree removed requires a separate permit to be reviewed by the planning and zoning commission. • Several trees are within steep slope areas and limits of disturbance but are not identified as to be removed in the slope analysis exhibit. When referencing the tree preservation variance exhibit, the majority of the trees in these areas are shown to be removed; however, not all (see attached mark-up). If the request requires the removal of trees based on the proposed steep slope areas and limits of disturbance, verify these trees are shown to be removed on the slope analysis exhibit AND the tree preservation variance exhibit. • I would also recommend the tree preservation variance call out any trees to be removed based on a potential steep slope variance to show reasoning for requested removal and consistency across requests. 2. Label contours every 5' increments. Round 2: Comment cleared Page 25 of 44 Page 2 of 2 3. Provide narrative and exhibit how stormwater will be managed to prevent increases in flooding to neighboring properties. Round 2: Comment cleared 4. Provide a geotechnical report sealed by a license engineer stating if the proposed slopes are stable or need support. Round 2: Comment cleared 5. Provide narrative and exhibit how stormwater will be managed to prevent increases in flooding to neighboring properties. Round 2: Comment cleared 6. Match ranges of slope to ranges in ordinance: 0% to 15%, 15% to 20%, 20% to 25%, >25%. Round 2: Comment cleared 7. Update areas for ranges of slope in ordinance. Round 2: Comment cleared 8. Provide the area of disturbance within each range of slope, provide % disturbed. Round 2: The % disturbed was calculated using the total site area. The ordinance asks for the % disturbed per slope area. Add another column to table showing the percentage of disturbance within the slope area. For example, if there is 0.35 acres in the 15% to 20% range, how much of this slope area will be disturbed. Complete for all slope areas. Round 3: Comment not cleared; provide the exhibit requested in Round 2. Applicant states that disturbance will not exceed the allowable disturbance thresholds within the slope areas per the ordinance so it is not clear then why the applicant is asking for a variance. Round 4: Comment cleared. The proposed activities appear to disturb the following areas within the slope range areas. Slope Range % of Area % of slope area proposed allowed to be to be disturbed disturbed per ordinance 17.03.005 15% to 20% 77% 30% 20% to 25% 77% 15% 25% to 100% 71% 0% 9. Provide a transparent hatch for disturbed area. Round 2: Comment cleared Sincerely, George Fowler, PE, CFM Consulting Engineer Freese and Nichols, Inc. [Project Number] File Path Page 26 of 44  LEGEND ” ” SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION #10028800 HOTEL PRELIMINARY SITE PLAN NOTES: SECTION 17.03.005 ” ” ” ” ” ” ” These trees are within steep slope and within proposed disturbance areas and likely be removed. BILL MILLER BAR-B-Q SLOPE ANALYSIS EXHIBIT ” BULVERDE, TEXAS ” ” ” ” ” ” DRIVE FAST FOOD BILL THRU RESTAURANT MILLER COFFEE ” ” WATER QUALITY AND DETENTION BASIN The proposed grading/retaining wall will require this tree to be removed. This tree is a 39" majestic tree. STATE HIGHWAY 46 (VARIABLE WIDTH ROW) 1 OF 1 © © Page 27 of 44  BILL MILLER DRIVE THRU COFFEE STATE HIGHWAY 46 © (VARIABLE WIDTH ROW) © FAST FOOD HOTEL RESTAURANT SECTION 17.03.005 LEGEND PRELIMINARY SITE PLAN NOTES: BILL MILLER BAR-B-Q BULVERDE, TEXAS SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 1 OF 1 SLOPE ANALYSIS EXHIBIT 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.9000 TBPE FIRM REGISTRATION #470 I TBPLS FIRM REGISTRATION #10028800 Page 28 of 44  PLANNING AND ZONING COMMISSION ITEM: FINAL PLAT MEETING DATE: October 12, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consider a request by Mr. Phil Zaccaria, (200 Mitchell Ranch LLC) for approval of the final plat of Estates at Mitchell Ranch, a 193-acre tract of land located at 200 Mitchell Road, Spring Branch. APPLICANT/OWNER: 200 Mitchell Ranch LLC 30257 Sherri Lea Bulverde, Texas 78163 PROPERTY INFORMATION: Legal Description/ 200 Mitchell Road Property Address: Spring Branch, Texas, 78070 SUMMARY: This site is planned to be developed as a 28-lot residential development of 5-acres and larger lots within the Bulverde ETJ and Comal County. The developer plans to develop this property as a low impact development so it aligns with the natural beauty of the Hill Country. The applicant went before P&Z last month to resolve an outstanding Tree Survey Ordinance Requirement. The P&Z recommended Mr. Zaccaria’s request be approved on the condition that a tree survey be required on 60 feet on either side of the roadway centerline, and requirement of tree survey is maintained by the final property owner before development. Mr. Zaccaria accomplished a survey of 100 feet on either side of the roadway centerline and is on the agenda for the October 10, 2023, City Council Meeting. Contingent upon final resolution of the Tree Survey Requirement from the City Council, it is the staff’s opinion this final plat be considered for approval. ATTACHMENTS: A. Application B. Final Plat Page 1 of 1 Page 29 of 44 Page 30 of 44  STK STK PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. Page 31 of 44  MATCHLINE 0 50 100 200 SEE PAGE 3 HORIZONTAL SCALE: 1:100 ST K Page 32 of 44  0 50 100 200 HORIZONTAL SCALE: 1:100 MAT SEE CHLINE PAG E4 MATCHLINE SEE PAGE 2 Page 33 of 44 MATCHLINE SEE PAGE 5 0 50 100 200 HORIZONTAL SCALE: 1:100 MATCHLINE SEE PAGE 3 Page 34 of 44  I N E C HL E 6 A T AG M P E SE T C H L INE MA E P A GE 7 SE I N E C HL E 4 T G MA PA E SE 0 50 100 200 HORIZONTAL SCALE: 1:100 Page 35 of 44  0 50 100 200 HL I NE C MAT AGE 7 HORIZONTAL SCALE: 1:100 P SEE ST K MATC HLIN SEE E PAGE 5 Page 36 of 44  0 50 100 200 HORIZONTAL SCALE: 1:100 I NE 6 H L E T C AG A P M E SE MATCHLINE SEE PAGE 5 Page 37 of 44 Page 38 of 44  REVIEW MEMORANDUM TO: Ryan P. Shaw, PE ryans@hmtnb.com HMT Engineering & Surveying 290 S. Castell Ave., Ste 100 New Braunfels, TX 78130 FROM: Abigail Knott, PE, CFM aknott@halff.com SUBJECT: Estates at Mitchell Ranch DATE: October 12, 2023 Acceptance Memo Halff Associates, on behalf of the City of Bulverde, has performed a review on the Estates at Mitchell Ranch construction plans, dated June 2023 and additional information submitted in August 2023 & October 2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde, the Bulverde Drainage Design Manual (BDDM) and the variances approved by the Bulverde City Council in January 2023. Based on our review of the referenced documents, Halff Associates has noted in purple the remaining item be addressed by the applicant for final approval. Review Comments: Construction Plan Set 1. General - Tree survey and tree removal/mitigation plan are missing from plans. Variance approved by City Council on October 10, 2023, contingent upon a 60’ tree survey from centerline of roads and final plat to be updated with language indicating that future property owners must complete tree surveys on individual lots. Tree survey 100’ from centerline of road already completed by developer and to be submitted. Final plat pending review and approval with an addition to include the following language “All development must comply with the applicable regulations of the Code of Ordinances of the City of Bulverde, including but not limited to the tree preservation regulations found in Section 4.07, City of Bulverde Subdivision Ordinance, and Article 17.06, Code of Ordinances of the City of Bulverde, Texas.” 2. General - Project is located within Edward’s Aquifer Contributing Zone, but CZP plans are missing from plan. TCEQ approval letter data 9/8/2023 received. 3. General – Please provide detailed grading layout for roadway intersections and knuckles. Comment resolved. 4. General – Provide additional details for proposed limits of turf reinforce mat and rock riprap. Provide dimensions with northing and eastings. Comment resolved. Details added. Rock riprap quantities and depths are provided on the outfall and basin sheets. 5. General – Provide proposed depth of rock riprap at culvert outfalls. Comment resolved. 6. General – Provide horizontal alignment data for proposed roadway and culvert centerlines, or northing and eastings. Horizontal alignment data still missing. Comment resolved. Page 1 of 6 Page 39 of 44 7. General notes state that revegetation needs to be reestablished to a min of 65%. This needs to be revised to 85% per city standard. Comment resolved. 8. Sheet C1.01 – C1.02: Recommend reorganizing sheets, so existing and proposed drainage area sheets are with other drainage related sheets. Comment resolved. 9. Sheet C1.01: It not clear what hatching on existing drainage area represents (see snip). Please label this hatching and add to legend. Comment resolved. 10. Sheet C2.01 – Plan sheet is duplicated in set. Comment resolved. 11. Sheet C2.01 – Please clarify limits of dirt road to be demolished. Will dirt road located within proposed lots also be demolished? Comment resolved. 12. Sheet C2.01 – Sheet number for erosion control plan is the same as demolition plan. Adjust accordingly. Comment resolved. 13. Sheet C2.01 - Limits of disturbance and total area of disturbance is not provided on erosion control plan. Are limits of disturbance equal to limits of construction? Please specify. Comment resolved. Separate limits of disturbance delineation provided. 14. Sheet C2.01 – Ensure area of disturbance includes all limit of demolition plan. Comment resolved. 15. Sheet C2.01 – Ensure area that will require revegetation are noted on erosion control plan. Comment resolved. 16. Sheet C2.01 – Ensure area type of revegetation is noted on plans. Specify if this will be sod or hydroseed. Topsoil and watering also needs to be accounted for in OPCC. Please specify which areas are sod and which are hydroseed. Comment resolved. 17. Sheet C4.01 – Extend existing ground past beginning station to ensure no vertical curve is needed at tie in. Please note slope of existing ground where proposed ties in. Comment resolved. 18. Sheet C4.01 – Proposed pavement width doesn’t not match width at tie in point with existing asphalt. How will proposed roadway be tapered to match existing roadway width? Comment resolved. 19. Sheet C4.01-C4.09 – It appears that hatching is missing on one side. (Check all) Comment resolved. Page 2 of 6 Page 40 of 44 20. Sheet 4.01 – Show all 3 barrels for culvert crossing. Comment resolved. 21. Sheet C4.01-C4.09 – Please label culvert crossings with structure name for clarity. Comment resolved. 22. Sheet 5.02 – Duplicate sheet in plan set. Comment resolved. 23. Sheet 5.04 – Pond outfall does not match report. See comment below. Comment resolved. 24. Sheet 5.04 – Verify if pond meets TCEQ Dam criteria and is subject to additional requirements. Please respond whether or not TCEQ Dam criteria is met. Comment resolved. 25. Sheet 5.04 – Provide calculations for size & depth of rip-rap used for outfall. Calculations for outfall riprap are missing. Comment resolved. 26. Sheet 5.05 – Pond outfall does not match report. See comment below. Comment resolved. 27. Sheet 5.05 – Verify if pond meets TCEQ Dam criteria and is subject to additional requirements. Please respond whether or not TCEQ Dam criteria is met. Comment resolved. 28. Sheet 5.05 – Label water surface elevations on pond outfall cross-sections. Comment resolved. 29. Sheet 5.05 – Provide calculations for size & depth of rip-rap used for outfall. Calculations for outfall riprap are missing. Comment resolved. 30. Sheet 2.01 – Ensure limit of disturbance/revegetation area matches erosion control plan. There is a rock berm in or upstream of the 8.5-acre drainage easement. There is no silt fence or turf reinforcement in some areas uphill of the drainage easement. Runoff carrying dirt from roadway construction would disturb this area. Comment resolved. 31. Sheets 3.02-3.10 – Key map is missing a sheet number reference. Comment resolved. 32. Sheet 3.06 – Missing Matchline at Sta 40+50 in profile. Comment resolved. 33. Sheet 3.07 – Profiles at knuckle do not seem to match (station and elevation). Please verify. Drainage ditch is directed to the knuckle; what happens once runoff in the ditch gets to the Page 3 of 6 Page 41 of 44  knuckle? Do we need erosion protection? How is it directed to the drainage easement? Comment resolved. 34. Sheet 3.09 – Matchline at Sta 8+50 in plan and profile missing sheet number reference. Comment resolved. 35. Sheet 3.10 – Cross slopes at knuckle are too steep. Please verify inside radius at knuckle meets criteria. Comment resolved. 36. Sheet 4.01 – There are two Sheets C4.01 (Entrance Connection Plan and Existing Drainage Area). Entrance Connection Plan appears to be a duplicate. Comment resolved. 37. Sheet 4.01 – Existing Drainage Area – Labels for drainage easements are provided but lines delineating the easements are not shown. Comment resolved. 38. Sheet 4.02 – Labels for drainage easements are provided but lines delineating the easements are not shown. Additionally, the legend shows B.L. and U.E. labels, but these are not shown in the plan; are the building setback lines and utility easements intended to be shown? Comment resolved. 39. Sheets 5.02-5.03 – Pipe sizes and SET sizes in plan and profile do not match. Comment resolved. 40. Sheet 5.05 – Bottom of weir appears to be above bottom of detention pond. Please verify. Comment resolved. 41. Add note about erosion protection for swales depending on velocities observed. Comment resolved. 42. Please provide concrete riprap detail. Comment resolved. 43. Please provide more buffer (per City easement requirements) between the overflow weir and the drainage easement in this area. Comment resolved. 44. 10/05/ Typo in Sheet list table: Review Comments: Drainage Report 1. Report for area PR2.1 is missing from report (EX 1 is repeated). Please provide report for this watershed area. Comment resolved. 2. Explain how the sheet flow characteristics for PR 1.2 change so significantly from the assumptions made for EX 1, which appears to be at the same portion of the site. A Manning’s value of 0.24 (dense grass) is not likely to be present near the property line of a 5-acre lot, if it does not exist there today. Comment resolved. Page 4 of 6 Page 42 of 44  3. Pond 1/North Island Pond outfall weir structures do not match construction plan sheet. Report outfall appears to specify rectangular weirs, but plan shows trapezoidal/combined weir, that is not correctly modeled with a rectangular assumption. Comment resolved. 4. Pond 2/South Pond outfall weir structures do not match construction plan sheet. Report outfall appears to show 3 rectangular weirs, but plan shows a set of pipes and a single trapezoidal weir. Comment resolved. 5. Please note project location on FIRM map. Comment resolved. 6. Please provide calculations for roadside swale capacity and velocity check, include in plan set as well. Calculations were provided in the plan set. 7. Channel calculations are provided but is not clear where they are located? Is this a proposed channel? If so, please include proposed channel grading in plan set. Channel grading provided in plan set. However, it is still difficult to identify where the channel is located. Comment resolved. 8. Provide overall plan labeling the drainage easements to match report, so that calculations and widths can be verified. Comment resolve. Easements provided in plans; not in report. 9. 3.0 Existing Conditions Hydrology – Please verify existing DA acreage. First paragraph states “2 watersheds covering 242.08 acres.” However, the existing DA acreages add up to more than 242.08 acres. Additionally, plans show EX 2 to consist of 102.92 acres; drainage report states 102.64 acres. Please verify and be consistent. Comment resolved. 10. 4.0 Proposed Conditions Hydrology a. Please verify proposed DA acreage. First paragraph states “5 watershed covering 260.2 acres and aligns with the existing areas…” However, the proposed DA acreages add up to less than 260.2 acres. Comment resolved. b. The existing DA of 242.08 acres does not match the proposed 260.2 acres. Verify the existing and proposed drainage areas align as stated in the narrative. Comment resolved. c. Verify Tc calcs. They seem high (specifically PR 1.2 and PR 2.2). Comment resolved. Review Comments: OPCC Developer’s response to all OPCC Comments: Acknowledged, a bid will be provided with the next submittal to clear pricing comments. No bid or revised OPCC was provided with this submittal. – Cost estimate with partial construction bid provided on 7/17 and comments updated accordingly. 1. Quantities are not labeled on plan sheets and cannot be verified. Comment resolved. 2. Unit price for site excavation is low compared to TXDOT and COSA unit price. Unit prices are closer to $30/CY. Please verify and update as appropriate. a. 7/19 - Site excavation and embankment total does not match bid estimate provided in resubmittal Comment resolved. 3. Unit price for site embankment is low compared to TXDOT and COSA unit price. Unit prices are closer to $35/CY. Please verify and update as appropriate. a. 7/19 - Site excavation and embankment total does not match bid estimate provided in resubmittal Comment resolved. Page 5 of 6 Page 43 of 44 4. Is the unit price for the silt fence for both installation and removal? 7/19 – Silt fence bid is out of date, as nearly 2,000 LF of silt fence was added to the plans to address comments in May (after the April 1 bid date). Comment resolved. 5. Is the unit price for the rock berm for both installation and removal? Comment resolved 6. Is revegetation block sodding, seeding, hydroseeding? Does this unit price include watering? Please specify on plans and in OPC. 7/19 – cost estimate is still significantly lower than regional pricing, and not bid is provided to support the reduced price. Please revise. 7. 7/19 – Tree protection missing from opcc/bid information. Comment resolved. 8. Unit price for 2” HMAC with Prime Coat is low compared to TXDOT and COSA unit price. Unit prices are closer to $16/SY for HMAC alone. Please verify and update as appropriate. a. 7/19 – 2” HMAC with Prime coat plus flex base total does not match bid estimate provided in resubmittal. Comment resolved 9. Unit price for flex base is low compared to TXDOT and COSA unit price. Unit prices are closer to $15/SY. Please verify and update as appropriate. a. 7/19 – 2” HMAC with Prime coat plus flex base total does not match bid estimate provided in resubmittal. Comment resolved 10. 7/19 – Lime stabilization shown in summary table from WINCO bid was not listed in the bid sheet as included in the total cost. Please clarify. Comment resolved 11. Unit price for concrete curb is low compared to TXDOT and COSA unit price. Unit prices are closer to $25/LF. Please verify and update as appropriate. Comment resolved 12. How are LS prices determined? Are they based on percentage of total cost? If so, please specify. Comment resolved 13. Please provide reference of how unit prices were determined if using different source. Comment resolved 14. 7/19-6” Concrete weir construction is listed with a bid association, but that bid was not included in the package for verification. Comment resolved 15. 7/19-Confirm that geotechnical testing is included in OPC. It is explicitly excluded by some of the provided individual bids. 8/15 – Winco bid (previously submitted) explicitly excludes geotechnical testing, and it does not appear to be listed separately. Comment resolved. Page 6 of 6 Page 44 of 44