OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

SCP HCP Coordinating Committee Meeting - June 9, 2026

Boards & CommissionsTuesday, June 9, 2026
BodySan Antonio, Texas
SessionBoards & Commissions
DateTuesday, June 9, 2026
StatusFILED
Video Record
0:00 / 31:06
Transcript — Verbatim
0:04

All right, the time is 301.

0:06

We're going to go ahead and call the SCPHCP coordinating committee meeting to order.

0:10

If we can start with a roll call vote for attendance.

0:14

Committee member Nino.

0:17

Committee member Garcia.

0:19

Present.

0:21

Committee member Whiton.

0:23

Present.

0:25

Committee member McGlamory.

0:29

Committee member Simper.

0:31

Present.

0:32

Chair Sparrow.

0:33

Present.

0:34

A quorum is present.

0:35

All right, thank you.

0:36

I believe we have some public comment.

0:38

If we can go ahead and call those folks in the order they were signed in, we'll do three minutes apiece.

0:46

Stewart followed by Philip Manna.

0:56

Thank you.

0:57

Good afternoon.

0:59

My name is Stuart Bernbaum.

1:00

I live at 9879 Cache Mountain Road in Helotus.

1:05

Thanks for this opportunity to speak to you.

1:10

I get golden cheek wobblers at my house.

1:17

I'm about three and a half miles from the property under discussion in item two.

1:23

I walk my dog at Madel Park, which is maybe about two and a half miles.

1:29

And with my Merlin app, I record the presence of Golden Cheeks.

1:35

One of my concerns, since the committee is habitat conservation, is that habitat is being taken unnecessarily for wrong reasons.

1:49

I am concerned at the last.

3:48

One of my main drivers as a participant in many community transportation sector, including the North Sector Plan, regional plans, etc., is ensuring community engagement and their perspectives.

3:59

I have a problem with the overall premise of how developers treat the tree and conservation planning that appear contrary to the DSD mission statement.

4:07

So while it is development services name is for helping development, you know, it also includes other mission components.

4:15

And one of course is partnership, collaborating with homeowners, contractors, and neighborhood groups to build a better city.

4:22

Another one is responsible growth, guiding development through land use and zoning decisions to shape the future of the city.

4:28

When I look at this type of development going on with the with how they're treating really the conservation component, I don't think this is in favor of the future of the city, and it's not building a better one.

4:40

So thank you.

4:43

Randy Newman, followed by Susie Dickerson.

4:58

Thank you.

5:00

Members of the coordinating committee, my name is Randy Newman.

5:03

I live at 1990 Blue Hill Pass near Grey Forest.

5:07

On May 12th, I submitted 10 categories of questions regarding the Wahlodi Ranch mitigation plan to this committee.

5:15

I delivered them by email and in person.

5:18

Because no written response has been provided, I'm formally asking that the administrative record contain answers to those questions before any vote is taken on this matter.

5:28

I'm here today to summarize several issues that, based on publicly available information, may render both the phase one and phase two mitigation plan applications procedurally invalid under the SCP HCP and the Federal Incidental Take Permit TE 20440-0.

5:48

Number one, Bear County Appraisal District and Real Property Records identify Wahaloody Ranch Inc., not Lenar Homes of Texas as the legal owner of the Wahalote property.

5:59

The same is true for the Edwards property, which remains owned by Sydney and Marcy Edwards.

6:04

Under Chapter 6 of the SCP HCP, applicants must provide all information necessary to evaluate take and mitigation, and that necessarily includes proof of legal authority to apply.

6:17

Standard administrative law requires that only the property owner or the legally authorized agent may apply for a permit affecting real property.

6:26

If LENAR submitted phase one or phase two without written authorization from the owners, then the application is procedurally defective.

6:34

Any approvals issued may be voidable and any clearing under phase one may have occurred without valid incidental take coverage.

6:43

This is a potentially foundational defect that warrants clarification.

6:48

Number two, the applicant or its agents represented that no caves or carst features existed on the Wahlody Edwards properties.

6:57

That representation appears inconsistent with sworn testimony in the State Office of Administrative Hearings contested case, bear grotto mapping showing an explored cave at the center of the Wahalote property, and at least 11 more nearby caves, including one within 750 feet of the Edwards property.

7:18

USGS mapping shows caves and karst features along the creek on the property, and observed bat displacement immediately after clearing is anecdotal evidence.

7:30

Under Chapter 4 of the SCP HCP, carst features must be identified and evaluated.

7:36

If caves or karst features existed and the evidence suggests that they do, then the environmental baseline used to approve phase one may have been incomplete or incorrect.

7:47

A mitigation plan based on an inaccurate baseline cannot satisfy SCP-HCP or ITP requirements.

7:56

Number three, the applicant submitted golden cheek warbler surveys.

8:01

Under Chapter 6 of the SCP-HCP, if an applicant submits surveys, those surveys must meet U.S.

8:08

fish and wildlife service protocols.

Discussion Breakdown — Share of Meeting
Environmental Protection█████████████████████████████████████████████77%
Procedural█████████████23%
Summary of Proceedings

SCP HCP Coordinating Committee Meeting - June 9, 2026

The SCP HCP Coordinating Committee met on June 9, 2026, at 3:01 PM to consider a development enrollment application, elect a vice chair, and approve prior meeting minutes. The meeting concluded at 3:32 PM with unanimous votes on all items.

Public Comments & Testimony

  • Stuart Bernbaum (Helotus resident) expressed concern that habitat is being taken unnecessarily and that development treats conservation contrary to the city's mission statement.
  • Randy Newman (Grey Forest resident) submitted ten categories of questions and argued that the application may be procedurally invalid due to lack of proof of property owner authorization, inaccurate karst feature identification, and invalid golden-cheeked warbler surveys. He requested answers before any vote.
  • Diana Duncan (San Antonio resident) requested denial of the incidental take permit, stating the scientific basis for mitigation is in question, surveys were incomplete, and the development threatens the Edwards Aquifer.
  • Catherine Feist (Grey Forest resident) warned about habitat fragmentation through incremental clearing, which degrades golden-cheeked warbler habitat and aquifer recharge zones, and urged policy measures like pre-clearing assessments.

Discussion Items

  • Item 2: SCP HCP Enrollment for Lenar Homes of Texas – The project (13.98 acres of golden-cheeked warbler habitat, 95.74 acres within 300 feet) requires 69 GCW conservation credits and total mitigation fees of $612,458. The applicant presented the project as part of the 1,160-acre Guajalote Ranch master plan (3,000 homes, ~580 acres open space). Staff recommended approval. Committee members questioned the SCP biologist about survey validity, karst features, and property owner authorization. The biologist confirmed that surveys were beyond requirements, no caves were found, and the application included proper signatures.

Key Outcomes

  • Election of Vice Chair: Ken McLamley was nominated and unanimously elected (4-0 roll call vote: Garcia, Simper, Whiton, Sparrow all yes).
  • Approval of Item 2: Motion to approve the enrollment application passed unanimously (4-0 roll call vote: Garcia, Whiton, Simper, Sparrow all yes).
  • Approval of Minutes from May 12, 2026: Motion to approve passed unanimously (4-0 roll call vote: Simper, Whiton, Garcia, Sparrow all yes).

Meeting Transcript

All right, the time is 301. We're going to go ahead and call the SCPHCP coordinating committee meeting to order. If we can start with a roll call vote for attendance. Committee member Nino. Committee member Garcia. Present. Committee member Whiton. Present. Committee member McGlamory. Committee member Simper. Present. Chair Sparrow. Present. A quorum is present. All right, thank you. I believe we have some public comment. If we can go ahead and call those folks in the order they were signed in, we'll do three minutes apiece. Stewart followed by Philip Manna. Thank you. Good afternoon. My name is Stuart Bernbaum. I live at 9879 Cache Mountain Road in Helotus. Thanks for this opportunity to speak to you. I get golden cheek wobblers at my house. I'm about three and a half miles from the property under discussion in item two. I walk my dog at Madel Park, which is maybe about two and a half miles. And with my Merlin app, I record the presence of Golden Cheeks. One of my concerns, since the committee is habitat conservation, is that habitat is being taken unnecessarily for wrong reasons. I am concerned at the last. One of my main drivers as a participant in many community transportation sector, including the North Sector Plan, regional plans, etc., is ensuring community engagement and their perspectives. I have a problem with the overall premise of how developers treat the tree and conservation planning that appear contrary to the DSD mission statement. So while it is development services name is for helping development, you know, it also includes other mission components. And one of course is partnership, collaborating with homeowners, contractors, and neighborhood groups to build a better city. Another one is responsible growth, guiding development through land use and zoning decisions to shape the future of the city. When I look at this type of development going on with the with how they're treating really the conservation component, I don't think this is in favor of the future of the city, and it's not building a better one. So thank you. Randy Newman, followed by Susie Dickerson. Thank you. Members of the coordinating committee, my name is Randy Newman. I live at 1990 Blue Hill Pass near Grey Forest. On May 12th, I submitted 10 categories of questions regarding the Wahlodi Ranch mitigation plan to this committee. I delivered them by email and in person. Because no written response has been provided, I'm formally asking that the administrative record contain answers to those questions before any vote is taken on this matter. I'm here today to summarize several issues that, based on publicly available information, may render both the phase one and phase two mitigation plan applications procedurally invalid under the SCP HCP and the Federal Incidental Take Permit TE 20440-0. Number one, Bear County Appraisal District and Real Property Records identify Wahaloody Ranch Inc., not Lenar Homes of Texas as the legal owner of the Wahalote property. The same is true for the Edwards property, which remains owned by Sydney and Marcy Edwards. Under Chapter 6 of the SCP HCP, applicants must provide all information necessary to evaluate take and mitigation, and that necessarily includes proof of legal authority to apply. Standard administrative law requires that only the property owner or the legally authorized agent may apply for a permit affecting real property. If LENAR submitted phase one or phase two without written authorization from the owners, then the application is procedurally defective. Any approvals issued may be voidable and any clearing under phase one may have occurred without valid incidental take coverage.

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