May 28, 2024 Planning and Zoning Meeting

OKAY, SO WE HAVE A MOTION FROM COMMISSIONER SERATO AND A SECOND FROM COMMISSIONER SHIELD.

IS THERE ANY DISCUSSION ON THAT MOTION? NO.

ALL THOSE IN FAVOR, PLEASE SAY AYE.

MOTION CARRIES ITEM NUMBER THREE, CITIZEN COMMENT, PERIOD.

THE PLANNING AND ZONING COMMISSION WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF REGULAR MEETINGS.

SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT.

SO AT THIS TIME, I'LL OPEN THE CITIZEN COMMENTS.

NUMBER FOUR, CONSENT AGENDA ITEM 4.2.

SEEING NONE, I WILL CLOSE THOSE.

ITEM

[2) Consider approval of a final plat for Great Hills Subdivision, Section 8 (SUB-22-0242) located off Railyard Drive, north of High Road.]

UH, CONSIDER APPROVAL OF THE FINAL PLAT FOR THE GREAT HILLS SUBDIVISION.

SECTION EIGHT.

WE WOULD NEED A MOTION TO APPROVE THE CONSENT AGENDA ITEM.

I'LL MAKE A MOTION TO APPROVE NOT A MAYOR FOR MOTION.

I, I SEE THERE'S A PRESENTATION ON THE AGENDA.

IS THERE A PRESENTATION OR NO? UH, WILL ATKINSON, FOR THE RECORD, THE ANSWER IS NO UNLESS IT GETS PULLED FROM CONSENT FOR DISCUSSION, I WOULD LIKE TO HAVE IT PULLED FROM CONSENT FOR DISCUSSION.

I RESCIND MY MOTION.

UH, CAN WE PLEASE HAVE THE PRESENTATION THEN? MR. LUTZ? I THINK FOR CLARIFICATION, UM, YOU RESCINDED YOUR MOTION.

WE'LL NEED ONE TO, UH, APPROVE THE OTHER ITEMS AND PULL THAT ONE.

THAT'S OKAY.

OH, OKAY.

WELL THEN I DON'T RESEND BECAUSE HE'S NOT PULLING, SHE OPENED IT.

HE'S ASKING.

SORRY.

YEAH, I FORGOT.

THERE'S JUST ONE ITEM.

UH, COMMISSIONERS, CHAIRMAN.

UM, YEAH, GIMME ONE SECOND.

I WILL PULL THAT UP.

MAKE SURE I'M CONNECTED.

THIS IS A NEW ONE FOR ME.

HAVEN'T BEEN IN THIS SITUATION BEFORE.

THANKS FOR YOUR PATIENCE.

WHERE'S THE BIRD? HI.

GOOD EVENING.

ANY PROPERTY THAT THAT IS IN OUR EX TO JURISDICTION FOLLOWS, FOLLOWS UNDER OUR SUBDIVISION ORDINANCE.

UH, THIS IS A APPROVAL FOR A FINAL PLOT.

THIS IS THE GREAT HILLS SUBDIVISION.

UM, THIS WAS CASE SUB 22 DASH OH 2 42.

UH, THIS IS LOCATED OFF RAIL YARD DRIVE, UM, OUT IN THE CITY'S ETJ.

LEMME SEE.

UM, THIS IS GONNA ESTABLISH SECTION EIGHT GRADE HILL SUBDIVISIONS, APPROXIMATELY 55 ACRES, 150 RESIDENTIAL LOTS, UH, MULTIPLE DRAINED LOTS LOCATED ON THE PROJECT.

UH, AGAIN, THIS IS IN THE CITY'S ETJ.

THIS IS AN IMAGE OF THIS PHASE OF THE DEVELOPMENT.

AND SO WATER IS PROVIDED BY GO FOUR SUD SEWERS PROVIDED BY WENDY HILL UTILITY DISTRICT EASEMENTS.

UM, ALL OF RESIDENTIAL LOTS HAVE A 25 FOOT PUE ADJACENT TO ALL RIGHTS OF WAY.

UM, THIS PLOT IS GONNA DEDICATE SEVERAL NEW STREETS FOR ACCESS TO THE HOMES.

EACH STREET'S GONNA HAVE 60 FEET OF RIGHT OF WAY.

UH, PARKLAND AND DEDICATION AND IMPROVEMENT FEES ARE ALL BEING PAID TO THE CITY.

SO THEY'RE NOT DEDICATING ANY PARKLAND.

THEY'RE PAYING THE BOTH SETS OF FEES.

UH, IT'S TOTAL IN ABOUT 225,000.

UM, YOUR OPTIONS DENIED OR APPROVE.

THE REPL IS REQUESTED, UH, DENY THE PLAT BASED ON SPECIFIC CODE SECTIONS, UH, SATISFIED BY IT.

UM, STAFF RECOMMENDS OPTION ONE AT THIS TIME, SO I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.

UH, SO I DO HAVE QUESTIONS.

I DO HAVE SOME QUESTIONS.

IT DOESN'T SATISFY OUR CURRENT, UH, UNI CODE IN TERMS OF SIDEWALKS, CURBS.

UM, I UNDERSTAND THAT, UH, THERE'S SOMETHING TO DO ABOUT A GRANDFATHERED APPROVAL AND THAT WE NEED TO GO ALONG WITH IT.

UH, BUT IF I DON'T SEE WHY, SO WE, YOU KNOW, THE ETJ SHOULD CONFORM TO OUR MUNI CODE.

IS THAT, IS THAT CORRECT? UH, YES.

[00:05:01]

UM, I BELIEVE THE HISTORY ON THIS ONE IS THIS PRELIMINARY PLAT AND THE SUBSEQUENT PHASES WAS APPROVED THROUGH HAYES COUNTY PRIOR TO THIS BEING IN THE CITY'S ETJ.

SO, UM, THE SUBDIVISIONS BEING CONSTRUCTED, UM, BUILT, INSPECTED, AND ACCEPTED BY THE COUNTY.

AND SO WHEN THIS GOT IN, UH, I'M ASSUMING Y'ALL KIND OF NOTICED THERE, THE STREET CONNECTIVITY AND THERE'S SOME, SOME ISSUES WITH THE PLAT THAT, THAT DON'T MEET OUR CURRENT REGS.

BUT BECAUSE IT WAS DONE AT THE TIME THAT THE CITY WAS NOT INVOLVED, UM, AND THE PRELIMINARY PLAT WAS APPROVED STAFF WAS, WAS WE NEEDED TO MOVE FORWARD WITH, WITH APPROVING IT BASED ON THE RULES THAT WERE IN EFFECT AT THE TIME OF ITS APPROVAL.

AND THE STATE HAS DIFFERENT LAWS THAT KIND OF COVER VESTING.

UM, YOU USE THE TERM GRANDFATHERING.

UM, BUT WE USE VESTED RIGHTS IN THE LOCAL GOVERNMENT CODE.

YES, SIR.

SO, I DON'T KNOW WHAT THE LEGAL PRECEDENT IS FOR THIS, BUT TO MY MIND, IT'S NOT NEARLY UP TO STANDARD TO OUR SUBDIVISION CODE.

AND SO I'M INCLINED TO DENY IT, OR BASED ON THOSE SPECIFIC CODE SECTIONS, SECTION 41 FOR, UH, UM, FOR BOTH SIDEWALKS AND CURBS.

UM, THOSE ARE THE TWO NOTICEABLE ONES FOR ME.

I THINK.

I THINK ANY SUBDIVISION WITHOUT SIDEWALKS IS, UH, IS NOT VERY GOOD.

AND SO, UM, WHAT SHOULD I DO HERE? MAKE A RECOMMENDATION ON APPROVAL.

WELL, UH, LET ME SEE IF THERE'S ANY OTHER QUESTIONS FOR STAFF.

SURE.

AND THEN WE'LL MOVE FORWARD.

LET'S DO THAT.

UM, SINCE THIS IS ACCORDING TO COUNTY STANDARDS AND IT'S SORT OF GRANDFATHERED IN, THAT MEANS THAT THE ROADS ARE STREETS HERE ARE SUBSTANDARD BY CITY STANDARDS.

OTHER WORDS, THERE'S PROBABLY LIKE A TWO INCH OVERLAY OF ASPHALT ON THE STREETS, WHICH IS SUBSTANDARD FOR US.

I, I, I CANNOT SAY WHAT WAS, WHAT THE COUNTY APPROVED ON THOSE CONSTRUCTION PLANS.

THE CITY DID NOT REVIEW THOSE, UM, OR APPROVE THOSE.

SO, UM, I'M NOT SURE I, I WOULD BE GUESSING AT WHETHER THEY WERE SUBSTANDARD OR NOT AT THIS POINT.

MY EXPERIENCE IN DEVELOPMENTS IN COUNTIES, THEY GO WITH THE COUNTY STANDARD, WHICH IS LESS THAN OURS AND, AND VIRTUALLY EVERY COUNTY I'M AWARE OF IN CENTRAL TEXAS.

SO THAT'S, THAT'S ONE OF MY CONCERNS.

'CAUSE WE'RE TALKING INFRASTRUCTURE HERE AND, UH, I'M NOT IMPRESSED MYSELF, UH, WITH, UH, WHAT WE MAY BE OWNING HERE IN TERMS OF AN ETJ AND SOMETHING THAT MAY BE EVENTUALLY A NEXT.

COMMISSIONER SHIELD, UM, IS, IS THE DEVELOPER HERE? I DON'T BELIEVE SO.

I WAS WONDERING IF THEY WOULD BE INTERESTED IN AT LEAST, YOU KNOW, MAYBE STARTING THE IDEA OF CURBS AND SIDEWALKS MAYBE FOR THIS SECTION AND THEN, YOU KNOW, WHERE THEY COULD OFFER UP FOR THE REST.

I KNOW THIS IS SECTION EIGHT, UM, SO THEY'VE HAD OTHER SECTIONS ALREADY BUILT OUT.

BUT, UM, IF THEY WOULD BE WILLING TO, AT LEAST WITH THIS SECTION, BE ABLE TO PUT IN SIDEWALKS AND HOPEFULLY MAYBE THE OTHER HOMEOWNERS WOULD BE MORE WILLING, BECAUSE I KNOW THE CITY, YOU KNOW, OR THE COUNCIL'S REALLY BEEN TRYING TO AVOID, UM, YOU KNOW, MORE AREAS LIKE WITH THE, YOU KNOW, ORIGINAL DOWNTOWN AREA IS LIKE, WHERE IT'S VERY HARD TO WALK AND EVERYTHING BECAUSE THERE'S NO SIDEWALKS.

AND SO, YOU KNOW, US TO, AS THEY SAID, YOU KNOW, HAVE THIS IN OUR ETJ JUST COMPOUNDS WHAT WE'RE TRYING TO FIX IN OUR DOWNTOWN AREA.

SO, UM, JUST WONDERING, WILL ATKINSON FOR THE RECORD DIRECTOR OF PLANNING, UM, IS, WELL, ALL THE COMMENTS THAT Y'ALL HAVE BROUGHT UP FOR THIS ITEM ARE COMMENTS THAT OUR STAFF AGREE WITH.

PROJECT ESSENTIALLY THAT WANTS TO COME INTO AN ETJ.

GENERALLY AS HOW WE, YOU KNOW, BASED ON THE CODE AND WE WANNA SEE SIDEWALKS AND CURB AND GUTTER AND ALL THAT KIND OF STUFF.

BECAUSE THIS IS IN THE ETJ, THE ONLY TWO THINGS WE EVEN LOOK AT ARE FINAL PLANS AND PRELIMINARY PLANS.

AND THE PRELIMINARY PLAN WAS APPROVED LONG BEFORE THE CITY'S JURISDICTION EXPANDED OUT HERE.

SO IT IS VESTED.

UM, WE, WE WANTED BETTER CONNECTIVITY AND WE WERE NOT ABLE TO GET IT.

THIS WAS A PROJECT THAT OCCURRED THAT HAS BEEN GOING SINCE I FIRST STARTED WITH THE CITY AND EVEN BEFORE THAT.

SO, UM, WE DID CONFIRM WITH HAYES COUNTY THAT IT IS A VESTED PROJECT.

SO IF I MAY, WILL THAT, THAT'S A VERY LONG HISTORY TO DRILL INTO.

BUT I THINK ABOUT THIS AND IT'S A COUNTY

[00:10:01]

THEY'VE GOT WASTEWATER AND WATER SUPPLIED BY OTHER SOURCES IN THIS, THEN THE CITY, I'M HAVING A HARD TIME DECIDING WHY THEY WOULD WANT TO BE IN AN ETJ 'CAUSE THEY'RE ALREADY THERE.

THEY DON'T GET CHOICE.

YEAH, THAT'S CORRECT.

THEY WERE ADDED TO THE ETJ BASED ON SOME ANNEXATIONS THAT WE DID.

THIS WAS NOT A VOLUNTARY ANNEXATION INTO OUR, AND OUR, AND OUR EJ.

AND OUR POPULATION HAD EXPANDED.

AND SO EVERY SO OFTEN THERE'S, THERE'S THRESHOLDS THAT YOU'RE, WHEN YOU HIT CERTAIN THRESHOLDS FOR POPULATION EXPANSION, SO THE CITY LIMITS, YOUR ETJ EXPANDS OUT FROM THERE.

AND SO THIS WAS A, AN EXPANSION, A UNILATERAL EXPANSION OF THE ETJ UNDER THE NEW LAW THAT, THAT STILL APPLIES.

NOW THE LAWS FOR ANNEXATION IS, IS MM-HMM.

DIFFERENT AS THEY HAVE BECOME.

THAT STILL APPLIES.

AND IT'S, IT'S ALSO NOWHERE CLOSE TO OUR CITY LIMITS FROM A CONTIGUOUS BOUNDARIES FROM A ANNEXATION INTO THE CITY LIMITS, EITHER, WHICH WOULD ALSO HAVE TO BE VOLUNTARY ON THEIR PART.

ANY OTHER QUESTIONS FOR STAFF? OKAY.

I COMMENT, WHICH WOULD BE THAT THIS TELLS ME PERHAPS ALL OF US HOW SCRUPULOUS WE NEED TO BE ABOUT THE KIND OF DECISIONS WE MAKE SO THAT THERE'S NOT THESE LONG-TERM LEGACIES OF, UH, QUESTIONABLE DEVELOPMENTS OR ENGAGEMENTS WITH, UH, THESE KINDS OF DEVELOPERS.

UM, WE HAD ONE UP HERE NORTH OF EVO AND THAT DISTRICT THERE THAT WAS A WAREHOUSE, AND I THINK IT WAS A PUD THAT WAS ESTABLISHED IN 2011, AND WE BOUGHT THAT ONE, UH, RECENTLY.

UH, IT, IT, UH, IS BECOMING A RETAIL WAREHOUSE.

SO, UM, YOU KNOW, THAT'S FROM 2011, A LOT OF OLD HISTORY THERE.

IT JUST TELLS ME WE NEED TO BE PARTICULARLY CAREFUL ABOUT WHAT WE GRANT OR APPROVE OF AS A COMMISSION AND, AND THE COUNCIL AS WELL.

I GUESS NOW I'LL HAVE TO, I'LL MAKE THE MOTION TO APPROVE.

IS THERE A SECOND ON THAT? I'LL SECOND.

WE HAVE A MOTION TO APPROVE FROM COMMISSIONER SHEEL AND A SECOND FROM COMMISSIONER SERATO.

UM, IS THERE ANY DISCUSSION ON THIS ONE? I'M JUST GONNA SAY THAT I, I CAN'T GO ALONG WITH THAT.

I MEAN, ONE OPTION IS THAT THE LANDOWNER CAN OPT OUT OF, UH, BEING IN THE ETJ THROUGH THE, THE LATEST, UH, SENATE BILL 2038.

UM, I JUST DON'T THINK THIS SHOULD BE COVERED BY THE CITY.

SO JUST TO LET YOU KNOW, THAT'S HOW I FEEL.

FIVE, CONSIDER IMPOSSIBLE.

ANYBODY ELSE? OKAY.

SO THE MOTION IS WHETHER TO APPROVE THIS CONSENT AGENDA ITEM FOR THE REPL.

ALL THOSE IN FAVOR, PLEASE SAY AYE.

[3) Consider a approval of an exception from Section 50-1 of the City of Kyle, Code of Ordinances for temporary overhead electric for 700 Bunton. ]

ACTION.

ITEM 5.3, CONSIDER AN APPROVAL OF AN EXCEPTION FROM SECTION 50 DASH ONE OF THE CITY OF KYLE CODE OF ORDINANCES FOR TEMPORARY OVERHEAD ELECTRIC FOR 700 BUNTON.

MR. ATKINSON, WILL ATKINSON, FOR THE RECORD, UH, THE PLANNING DIRECTOR FOR THE CITY OF KYLE, UH, BEFORE YOU, WE HAVE A REQUEST FOR THE EXCEPTION TO SECTION 50 DASH ONE TO ALLOW, UH, TEMPORARY OVERHEAD ELECTRICAL SERVICE FOR A 700 BUTTON LANE.

UM, THIS SECTION OF OUR CODE REQUIRES ELECTRICAL TO BE UNDERGROUND AND PROVIDES FOR AN APPEALS PROCESS TO THE PLANNING AND ZONING COMMISSION FOR NON-LIFE SAFETY REASONS.

UH, THERE IS A ELEMENTARY SCHOOL BEING CONSTRUCTED AT THE EASTERN BOUNDARY OF OUR CITY LIMITS, UH, WHERE IT SHARES THE BOUNDARY WITH THE CITY OF ELAND.

AND, UM, THEY ARE NEEDING TO PULL POWER TO GET THE SITE UP AND RUNNING FROM A CONSTRUCTION STANDPOINT.

AND RIGHT NOW, THERE'S NOT ENOUGH SUBDIVISION IMPROVEMENTS TO BE ABLE TO ACCOUNT FOR THAT FROM AN UNDERGROUNDING PERSPECTIVE.

I GOTTA MOVE SOME OF THIS STUFF OUTTA THE WAY.

[00:15:01]

THERE WE GO.

SO RIGHT HERE ON THE SCREEN, UM, THIS IS THE SCHOOL SITE.

UH, THIS IS THE CITY LIMIT LINE RIGHT HERE.

EVERYTHING IN BLUE GOING ACROSS RIGHT HERE TO THIS POINT IS GOING TO BE TEMPORARILY ABOVE GROUND UNTIL THIS PHASE OF THE, UH, OF THE RASTAGAR OR 700 BUNDLING SUBDIVISION IS CONSTRUCTED.

IT'S GONNA BE A MIX OF SINGLE FAMILY HOUSING TYPES FROM THIS POINT ON OVER TO, UH, BUTTON LANE.

THAT PART WILL BE ABOVE GROUND.

UH, THIS IS, UH, THEY'RE REQUESTING THAT BECAUSE THAT IS A, A LARGE FLOODPLAIN RIGHT THERE FOR THE BUTTON BRANCH OF PLUM CREEK.

AND, UM, THAT WAS ALSO WHAT THE, THE PET ANALYSIS ELECTRIC COOPERATIVE PROVIDED TO THE, UH, THE PROJECT TO, UM, FROM A, A PERMANENT OVERHEAD ELECTRICAL LINE.

AND SO FROM THE PERSPECTIVE OF THE FLOODPLAIN AND THE TEMPORARY ELECTRICAL RIGHT HERE TO SERVE THE SITE, UM, THE REQUEST, UH, FOR STAFF IS REASONABLE.

AND WE'RE BRINGING IT TO Y'ALL FOR THE, FROM THE PERSPECTIVE OF THIS IS WHAT THE CODE SAYS WE NEED TO DO TO GET IT APPROVED.

DO Y'ALL HAVE ANY QUESTIONS? UH, I WILL, UM, CAN YOU, UH, I, I THINK I LOOKED AT THE ENGINEERING NOTES THERE AND THEY SAID THAT, UH, THEY HAVE TO WAIT UNTIL THE SUBDIVISION IS BUILT BEFORE THE REMAINING UNDERGROUND LINES GO IN AND THEY CONVERT THIS.

SO TAKING INTO ACCOUNT COMMISSIONER SIEGEL'S ADMONISHMENT THAT WE LOOK AT TIME LIMITING THESE, THE APPLICANT, THE APPLICANT FOR THIS IS, IS THE ENGINEERS FOR THE SCHOOL SITE.

IS THAT CORRECT? OR IS IT FOR THE SUBDIVISION? IT'S FOR THE SCHOOL SITE.

FOR THE SCHOOL SITE.

BUT THEY'RE SAYING THAT THEY WILL HAVE TO WAIT UNTIL CERTAIN PARTS OF THE SUBDIVISION WILL BE BUILT BEFORE THEY'LL MOVE TO CHANGE IT BACK TO THE UNDERGROUND.

THAT'S ACCURATE.

BECAUSE WHENEVER THE, THAT SPECIFIC PHASE OF THE SUBDIVISION IS BUILT, THEY HAVE TO ACCOUNT FOR, WE REQUIRE UNDERGROUNDING.

RIGHT, RIGHT.

ELECTRICAL AND OTHER UTILITIES AS WELL.

SO THAT MAKES SENSE TO DO THAT FROM THAT TIME.

SO I JUST WANT TO, I THINK WE SHOULD IMPOSE A, A SUNSET ON THIS.

SO A TIME PERIOD, AND I THINK IT SHOULD BE FOR WHEN THE FORECAST IS FOR HAVING IT CONVERTED AND THAT SUBDIVISION IS BUILT, AND I'M SORRY I CAN'T PULL UP THE NOTES THERE, BUT IF WE COULD LOOK AT THE, UH, I DON'T KNOW IF YOU, IF SOMEBODY HAS IN THE PACKET IT SAYS WHEN THEY EXPECT TO HAVE THE, THE REMAINING PIECES BUILT FOR THE SUBDIVISION AND TO GO UNDERGROUND, IF I MAY.

UM, I WOULD RECOMMEND IF YOU, IF YOU'RE GOING TO PROPOSE THAT, I WOULD RECOMMEND UNTIL THAT SPECIFIC PHASE IS CONSTRUCTED AS THE SUNSET, UM, OFFHAND, I DON'T KNOW WHAT THE, THE PHASE IS, BUT FOR THE PURPOSES OF THIS, OF THIS ACTION ITEM, THAT'LL BE VERY EASY, EASY TO GO BACK AND RESEARCH.

BUT I DON'T WANT TO TIE IT TO A PHASE BECAUSE I DON'T KNOW WHEN THAT PHASE IS GONNA HAPPEN.

IT COULD BE DELAYED FIVE YEARS OR SOMETHING LIKE THAT.

AND SO WE HAVE OVERHEAD LINES FOR FIVE YEARS, SO I PREFER TO HAVE IT TO EITHER WHEN THEY THINK CONSTRUCTION BE COMPLETED OR A YEAR, AND THEN AT THE END OF A YEAR WE REEXAMINE THE, THE OVERHEAD LINES.

WE ARE NOT SURE WHEN THAT PHASE IS GOING TO BE CONSTRUCTED.

OFFHAND, SO GOOD.

I WOULD RECOMMEND, AGAIN, TYING IT TO THAT PHASE FOR WHEN IT'S CONSTRUCTION IS BECAUSE THE LINES, THEY GO IN PARALLEL TO THE ROAD.

AND SO BACK BEHIND THE CURB AND SOMETIMES THE SHIFT THEY, IN THE DESIGN, IF WE HAD A ROUGH IDEA OF WHERE, WHERE THE ROAD'S GONNA GO RIGHT NOW, MAYBE IN THE FUTURE, THE, THE ROADS GET SHIFTED FOR THE DESIGN AND THEN, SO THEN THEY'RE GONNA HAVE TO MOVE THE ELECTRICAL.

SO IT MAKES MORE SENSE TO KEEP THAT TEMPORARY ABOVE GROUND RIGHT NOW AND THEN WAIT UNTIL THE SITE'S CONSTRUCTED.

SO, THANKS.

SO, YEAH, SO IF YOU'RE, IF YOUR TIMEFRAME YOU'RE LOOKING AT, EITHER IT'S WITHIN A YEAR OR A YEAR, I GUESS YOU SHOULD PROBABLY DO A YEAR WITH THE OPTION TO EXTEND, BECAUSE I DO YOU, DO WE HAVE A PRELIMINARY PLAT FOR THE ENTIRE SUBDIVISION OF, OF WHEN THIS IS ADJACENT TO THE PRELIMINARY PLAT? YES.

THAT HAS BEEN APPROVED.

BUT THERE WERE NOT TIMEFRAMES ASSOCIATED WITH EACH PHASE, SO, YEAH.

RESERVE NEIGHBORHOOD, WHICH WILL INCLUDE A BIT SOME OF THEIR RESIDENTIAL ADJACENT TO THAT.

THE, DO WE HAVE ANY IDEA HOW FAST THE RASTAGAR PROJECT IS BUILDING OUT? DO WE HAVE ANY IDEA OF HOW MANY GROUNDS THEY'RE GETTING ON, UH, HOUSES THEY'RE GETTING ON THE GROUND? THEY DON'T HAVE ANY RIGHT NOW.

I DON'T HAVE A QUANTIFIABLE NUMBER FOR YOU.

UH, RIGHT NOW.

I DO KNOW THAT WITHIN THEIR FIRST PHASE THAT THEY HAVE TO CONSTRUCT, THEY HAVE TO COMPLETE, UH, GRISTMILL ROAD.

SO THEY'VE BROKEN THAT INTO THE PHASE THAT YOU SEE RIGHT HERE, RIGHT IN FRONT OF THE SCHOOL.

AND THEN THE NEXT PHASE IS GONNA BE COMPLETING THE REST OF GRIST MILL ROAD, WHICH IS KIND OF GRAYED OUT ALL THE WAY OVER TO THE BUNTON CREEK

[00:20:01]

THE CONCERN I HAD WAS THE WAY THIS, UH, DEVELOPMENT, UH, WAS PROMOTED BY THE DEVELOPER, UM, AND HAVING GONE OUT AND JUST TO VISIT THE LAND IN THE AREA THERE, IT SEEMED LIKE IT WAS PERHAPS A MILE TOO FAR TO, UH, PUT THIS TOGETHER THE WAY IT WAS REPRESENTED.

SO, UM, I AM CONCERNED, A, AS COMMISSIONER DELORE ABOUT TIMEFRAMES HERE, UM, I DON'T WANT TO SEE ANYBODY INCLUDING THE PEC AND THE SCHOOL TO GET, UM, STUCK WITH SOMETHING, UM, JUST BECAUSE OF THE, THE INABILITY OF A DEVELOPER TO PERFORM, UM, ACCORDING TO WHAT THEY'VE REPRESENTED IN THE PAST.

SO, UM, THAT'S MY, MY TAKE ON THAT ONE.

UH, OTHERWISE I HAVE NO PROBLEM WITH THE, THE LINE ITSELF.

IT ALL MAKES A GREAT DEAL.

TAKE IT UNDERLINE, UNDERGROUND, ALL THAT MAKES SENSE.

BUT I'M CONCERNED ABOUT THIS CONTINGENCY HERE RELATED TO THE HOUSING DEVELOPMENT.

ANY OTHER QUESTIONS FOR STAFF? I HAVE SOME, UM, THE HARVEST CREEK SUBDIVISION ON THIS MAP, HOW QUICK IS THAT? IS THAT GONNA BE IN A LOT SOONER? WHY CAN THEY NOT TIE THEIR, THEIR ELECTRICAL INTO THAT SUBDIVISION? THAT SUBDIVISION IS COMPLETE AS OF LATE LAST YEAR.

IT'S IN THE CITY OF ELAND.

UH, I DO BELIEVE IT IS PE C'S SERVICE AREA AS WELL.

AND THEY ARE GONNA BE TAKING SOME OF THEIR, UM, POWER FROM THAT, UM, THE STREET STUB OUT, OUT THERE.

BUT NOT ALL OF THE POWER FROM THE SCHOOL CAN COME FROM HARVEST CREEK, WHICH IS WHY THEY'RE GOING ACROSS FROM THERE BASED ON WHAT THE EC TOLD THEM.

AND I UNDERSTAND THAT THE PORTION IS TEMPORARY.

BUT THE REST OF IT TO BUTTON LANE IS ACTUALLY PERMANENT.

BECAUSE OF THE FLOOD PLAIN RIGHT THERE.

AND SO, SO THIS SCHOOL IS UNDER CONSTRUCTION RIGHT NOW, AND THEY HAVE, WE FOUND OUT A COUPLE WEEKS AGO THAT THEY WERE WANTING TO TAKE THIS, UM, DOING THE TEMPORARY ELECTRICAL GOING OVERHEAD.

AND SO WE BROUGHT IT TO Y'ALL THROUGH THE PROCESS.

THE SCHOOL WAS FUNDED THROUGH THE, THE LAST BOND THAT PASSED THROUGH THE SCHOOL DISTRICT.

AND SO THEY'RE GONNA TRY TO BE OPEN AS QUICKLY AS THEY POSSIBLY CAN.

AND SO THAT'S WHY THE, THE LINE'S SUPPOSED TO BE TEMPORARY OVERHEAD.

UH, YEAH, THAT PART I UNDERSTAND.

I'M ALSO JUST, THEY'RE TAKING OUT ALL THIS OTHER ELECTRICAL LINE THAT YOU SAY IS IN RED, BUT PUTTING IN THIS ONE AND IT'S GOING IN THE FLOOD PLAIN.

UM, AND I KNOW THEY HAVE TO CONNECT TO, YOU KNOW, A CERTAIN POINT.

IT'S JUST, WE'RE STILL STUCK WITH SOME OVERHEAD AFTER, AFTER THE FACT, YOU KNOW, AFTER THE TEMPORARY IS FINALLY BURIED.

UM, BUT WE'RE STILL STUCK WITH SOME OVERHEAD.

ZONED UNDER THE PREVIOUS COMPREHENSIVE PLAN, NOT OUR CURRENT ONE, WHICH IS SERVICING THE CORE.

DID YOU HAVE ANOTHER QUESTION? WELL, IT, UH, COMMENT AS MUCH AS A QUESTION IF IT'S NOT BILLED OUT, UM, EVEN PARTLY THROUGH ONE PARTICULAR PHASE OR ANOTHER ON THE RASTAGAR PROPERTY.

UM, THERE'S JUST AN IRONY HERE BECAUSE THE LAND FOR THE SCHOOL WAS SEATED TO HAYES, CISD BECAUSE OF THE DEVELOPMENT.

IT WAS THAT IT WAS SEATED BY THE DEVELOPER.

AND, UM, THINGS SEEM A LITTLE OUT OF JOINT HERE.

AND I'M JUST WONDERING, I'M SURPRISED THAT THERE'S A SCHOOL GOING IN THERE.

DO YOU KNOW ANYTHING ABOUT THE PLANNING CONCERNING , WHAT THEY'VE SAID ABOUT PUTTING A SCHOOL THERE? I MEAN, THIS SEEMS TO BE GOING AGAINST WHAT WE'RE WANTING, WHICH IS TO KEEP THINGS TOWARDS THE CENTRAL INFRASTRUCTURE.

OF COURSE.

AND HERE WE HAVE THIS OUTLYING, YOU KNOW, AND THEY HAVE TO BUILD A SCHOOL FOR IT.

YOU KNOW, I, IT SOUNDS LIKE THERE'S TWO QUESTIONS THERE.

SO ONE, THE, UM, WHENEVER THIS SITE WAS, WHENEVER THIS PROJECT WAS ZONED THROUGH THE COMPREHENSIVE PLAN AND ZONED AND EVERYTHING LIKE THAT, WE HAD STARTED DISCUSSIONS WITH THE SCHOOL DISTRICT ABOUT THEIR FACILITIES NEEDS.

AND THEY SAID THEY KNEW THEY NEEDED A, A ELEMENTARY SCHOOL SITE IN THIS AREA BEFORE THIS SITE EVEN WAS EVEN BEING CONSIDERED FOR ZONING.

UM, THAT, THAT'S BEEN ON THEIR PLANS FOR A WHILE.

IT'S JUST A QUESTION OF FUNDING FROM THEIR PERSPECTIVE.

SO THEY, THEY KNEW THAT THEY NEEDED THAT IN THIS AREA SOMEWHERE IN THIS VICINITY.

THIS SITE WAS

[00:25:01]

AND IT WAS ZONED, WHICH MEANS IT HAS ITS ENTITLEMENTS.

AND IT STARTED THIS PRELIMINARY PLAN AND SUBDIVISION PROCESS BEFORE OUR NEW COMPREHENSIVE PLAN.

SO IT IS VESTED TO OUR STANDARD, WHICH NOWADAYS WE PROBABLY MAY NOT CONSIDER THIS AS MUCH FROM THAT PERSPECTIVE, RIGHT.

IF WE'RE TRYING TO REINVEST IN THE CORE AND, AND WHAT HAVE YOU AND PROVIDE ADEQUATE SERVICE TO EVERYBODY THAT'S ALREADY IN THE CITY.

I JUST WANTED, UH, TO COVER THAT FOR THE RECORD, YOU KNOW? YEAH.

FOR ANYBODY WHO'S LISTENING THAT, UH, THIS IS THE CASE.

UH, IF THERE'S NO OTHER QUESTIONS FOR STAFF, WE WOULD NEED A MOTION TO TAKE ACTION ON THIS ITEM.

MADAM CHAIRMAN? YES.

FOR THE MOTION, MOTION THAT WE, UH, THAT WE APPROVE THE REQUEST FOR, UH, TEMPORARY OVERHEAD POWER WITH THE PRE PROVISO THAT THIS, UH, REQUEST APPROVED FOR 12 MONTHS ONLY WITH AN OPTION TO, UH, RENEW AFTER REAPPLICATION WITH PLANNING ITS ZONING COMMISSION.

SO WE HAVE A MOTION FROM VICE CHAIR DELORE TO APPROVE THE TEMPORARY OVERHEAD POWER WITH A PRE PROVISO THAT IT IS ONLY FOR 12 MONTHS, AND THEN THAT IT CAN COME BACK TO THE PLANNING AND ZONING COMMISSION TO CONSIDER AN EXTENSION.

UM, IS THERE, AND THE SECOND WAS FROM, UH, COMMISSIONER STEGEL.

IS THERE ANY DISCUSSION ON THIS MOTION? I LIKE, I THINK THAT'S AN ELEGANT SOLUTION TO THE TIMELINE, SO INTERESTING IDEA.

CONSIDER APPROVAL OF A REQUEST TO EXTEND CUP DASH 23 DASH 0 0 82 FOR AN APPROXIMATELY 2,900 SQUARE FOOT RESTAURANT BUILDING LOCATED AT 2 2 4 3 2 IH 35 BURGER KING, CONDITIONAL USE PERMIT, CUP DASH 23 DASH 0 0 8 2.

ANY OTHER COMMENTS ON THIS ONE? ALRIGHT.

UM, SO AGAIN, THE MOTION IS TO APPROVE THE TEMPORARY OVERHEAD, UH, POWER WITH A CONDITION THAT IT'S ONLY FOR 12 MONTHS, AND THEN THEY HAVE AN OPTION TO EXTEND BY GOING TO THE P AND Z COMMISSION.

AGAIN, ALL THOSE IN FAVOR, PLEASE SAY AYE.

AYE.

ALL OPPOSED, SAY NAY.

[4) Consider approval of a request to extend CUP-23-0082 for an approximately 2,900-square-foot restaurant building located at 22432 IH-35. Burger King - Conditional Use Permit (CUP-23-0082)]

MS. SHARP, DO WE HAVE A PRESENTATION FOR THIS? YES.

KAYLA SHARP, SENIOR PLANNER FOR THE RECORD.

SO TONIGHT WE HAVE AN EXTENSION REQUEST FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT.

UM, THIS ONE IS LOCATED ALONG THE I 35 FRONTAGE ROAD, UM, JUST ACROSS THE HIGHWAY FROM WHERE WE ARE NOW IN CENTER STREET VILLAGE, UM, IT'S APPROXIMATELY 2,900 SQUARE FOOT RESTAURANT RESTAURANT BUILDING.

THE MATERIALS CONSIST ENTIRELY OF BRICK WITH APPROPRIATE ARCHITECTURAL FEATURES TO ACCENT THE BUILDING.

SO JUST KIND OF A REFRESH ON WHAT THE RENDERINGS LOOK LIKE.

AND THEN, SO THIS, UH, CUP WAS ORIGINALLY APPROVED IN MAY OF 2022 AND EXPIRED IN MAY OF 2023.

A NEW CONDITIONAL USE PERMIT WAS SUBMITTED AND APPROVED IN JUNE OF 2023.

AND IT'S SET TO EXPIRE THIS JUNE AND CONSTRUCTION HAS NOT YET BEGUN.

UM, BUILDING PERMITS WERE SUBMITTED IN MARCH OF 2023, AND ONCE THEY'RE ISSUED, THEY'LL BE VALID FOR SIX MONTHS.

UM, SO THEY, THEY DO PLAN TO BEGIN CONSTRUCTION.

UM, SOMETIME AROUND AUGUST THEY'RE WRAPPING UP SOME SITE DEVELOPMENT PERMIT AND BUILDING PERMIT COMMENTS.

SO ONCE THEY GET THOSE APPROVED AND THOSE PERMITS RELEASED, THEY PLAN TO BEGIN CONSTRUCTION HERE IN THE NEXT COUPLE MONTHS.

BUT THEY DON'T ANTICIPATE, UM, BEING ABLE TO START BEFORE THIS CONDITIONAL USE PERMIT EXPIRES.

AND I DON'T MEAN TO INTERRUPT YOU, BUT YOU SAY BUILDING PERMITS WERE SUBMITTED IN MARCH OF 2023 AND VALID FOR SIX MONTHS ONCE THEY'RE ISSUED.

ONCE THEY'RE ISSUED, AND THAT'S ASSUMING IT'S VALID FOR SIX MONTHS.

IF, IF THEY DON'T START CONSTRUCTION, BASICALLY FROM THE TIME THEY'RE ISSUED, THEY HAVE SIX MONTHS TO START CONSTRUCTION.

SO THEY HAVEN'T BEEN ISSUED YET.

HAVE OTHER PROJECTS IN OTHER CITIES THAT THEY'RE TRYING TO WRAP UP BEFORE THEY CAN START THIS ONE.

IS IT NORMAL FOR IT TO TAKE OVER A YEAR FOR THAT TO HAPPEN? IT JUST DEPENDS ON THE PROJECT.

YOU KNOW, THERE'S MULTIPLE THINGS THAT KIND OF GO INTO THE TIMING OF DIFFERENT PROJECTS.

SOMETIMES IT'S FUNDING, SOMETIMES THEY

[00:30:01]

UM, YOU KNOW, IT'S, IT'S PRETTY RARE THAT WE HAVE, UM, ISSUES WITH COMMENTS TAKING THAT LONG TO CLEAR, BUT IT'S NOT UNHEARD OF.

UM, STAFF CITY STAFF HAS, UM, A TIMEFRAME IN WHICH WE'RE ALLOWED TO REVIEW COMMENTS BEFORE WE HAVE TO ISSUE THOSE COMMENTS BACK.

BUT THE APPLICANT DOESN'T HAVE ANY TIMELINE.

THEY RESUBMIT THEIR REVISIONS ON THEIR OWN TIMELINE, SO SOMETIMES IT CAN TAKE A DECENT AMOUNT OF TIME.

WE INTERRUPTED YOUR PRESENTATION.

SORRY.

CARRY WE ON FINE THAT SIDE.

I THOUGHT MAYBE THAT SHOULD HAVE BEEN MARCH, 2024.

I HAD THE SAME THOUGHT.

UM, SO STAFF RECOMMENDS APPROVAL OF THE BUILDING MATERIALS AND RENDERINGS ARE COMPLIANT WITH I 35 OVERLAY.

UM, AND WE WOULD RECOMMEND APPROVAL OF THIS EXTENSION GIVEN THEIR TIMEFRAME TO, UM, BEGIN CONSTRUCTION IN THE NEAR FUTURE.

THERE ARE QUESTIONS FOR THE STAFF, SO THEY NEED US QUICKLY, BUT THEY CAN YOU TURN YOUR MICROPHONE ON? SO THEY NEED US QUICKLY, BUT THEY'VE BEEN KIND OF DRAGGING THEIR FEET FOR AT LEAST TWO YEARS IT LOOKS LIKE.

UM, WE DO HAVE THE APPLICANT HERE IF YOU'D LIKE TO ASK THEM.

UM, BUT AS, AS FAR AS STAFF GOES, YOU KNOW, WE DON'T CONTROL THEIR TIMELINE AND I UNDERSTAND THAT.

I DO, UH, I AM LOOKING AT THE APPLICANT'S LETTER HERE AND IT SAYS THAT THEY'RE WAITING FOR FINAL CELL SITE DEVELOPMENT PERMIT AND THE BUILDING EXTENSION PERMIT.

SO I'D LIKE TO HEAR FROM THE APPLICANT WHAT'S GOING ON.

ARE YOU WAITING ON THE CITY OR IS IT JUST THE NEGOTIATION PROCESS? AND PLEASE STATE, STATE YOUR NAME FOR THE RECORD, SIR, IF YOU WOULD.

HI.

UH, MY NAME IS JOE CASTRO.

I'M WITH THE DESIGN COMPANY.

UM, WASN'T DIFFERENT OPTIONS, UH, WAS DIFFERENT REASON WE STOP WAS ONE OF THE FUNDING AND THEN WE HAVE TO RESUBMIT FOR THE SITE.

THE CITY GOT NEW ORDINANCE, SO WE HAD TO RESUBMIT FOR THE SITE AND WE HAD TO GO OVER THE WHOLE SITE WITH NEW ENGINEER TO KEEP, UH, EVERYTHING UP TO TODAY.

UH, WE JUST GOT THE SITE APPROVAL LAST WEEK.

UH, THE BUILDING IS ON HOLD UNTIL WE GET THE SITE, SO WE TOOK AROUND SIX MONTHS OR THREE MONTHS, UH, TO DO THE, UH, TO HAVE THE SITE APPROVAL.

NOW WE ARE ON THE PROCESS TO GET THE BUILDING APPROVAL, BUT ON JUNE 28TH, WE'RE GOING TO GET TUP PERMIT EXPIRE.

SO WE ARE GOING TO HAVE LESS THAN A MONTH TO BE ABLE TO START CONSTRUCTION AND WE DON'T WANT TO RUSH EVERYTHING.

UM, THAT IS WHY WE'RE PLANNING TO DO A START CONSTRUCTION ON AUGUST 19, UH, 2024.

SO WE ARE ASKING EXTENSION FOR A FEW MONTHS TO HAVE EVERYTHING CONTROL AND, UH, FINALLY GET THIS, UH, WE UNDERSTAND WE WAS HERE IN 2022 FOR THE FIRST TIME, UH, WAS CANCELED.

THE PROJECT WAS ON HOLD FOR A YEAR, AND THEN WE CAME BACK WHEN WE CAME BACK.

WE HAVE TO DO EVERYTHING AGAIN.

TECHNICALLY, WE JUST ASKING FOR A FEW MONTHS TO EXTENSION, SO THAT WAY WE CAN HAVE EVERYTHING.

THANKS VERY MUCH MR. CASTRO.

APPRECIATE YOUR COMMENT.

ANY OTHER QUESTIONS? OKAY.

WE'LL NEED A MOTION AND A SECOND TO TAKE AN ACTION ON THE ITEM.

MAKE A MOTION TO APPROVE.

WE HAVE A MOTION TO APPROVE FROM COMMISSIONER STEGEL AND A SECOND BY COMMISSIONER SERATO.

IS THERE ANY DISCUSSION ON THIS MOTION? YES, COMMISSIONER SHIELD.

I WOULD JUST, I WOULD JUST LIKE TO SAY LET'S GET THIS BUILT IF WE'RE GONNA BUILD IT.

UM, AND JUST HOPEFULLY WE'LL SEE THAT.

IS THERE A, IS THERE A SET TIME FOR THIS, UH, EXTENSION OR IS IT WELL, THIS WILL BE VALID FOR SIX MONTHS.

OH, SIX MONTHS.

THAT'S THE BUILDING PERMIT, THE CONDITIONAL USE PERMIT, UNLESS YOU CHOOSE TO STAY OTHERWISE IN YOUR MOTION, THE CONDITIONAL USE PERMIT EXTENSION WOULD BE VALID FOR ANOTHER YEAR.

ANOTHER YEAR.

SO THE, THE LETTER THAT WE RECEIVED DID, I THINK IT SPECIFIED THAT THE REQUEST WAS FOR SIX MONTH EXTENSION? UM, YEAH, SIX MONTH EXTENSION.

UM, COULD I AMEND YOUR MOTION TO SPECIFY SIX MONTHS FOR THE, UH, CUP EXTENSION? COULD I GET A SECOND ON THAT? IF ANYONE LIKE THAT? I'LL SECOND

[00:35:01]

THAT.

I DON'T KNOW WHERE WE'RE AT.

I THINK COMMISSIONER STEGEL MADE A MOTION.

YEAH, I WAS, I WAS MAKING AN AMENDMENT TO THE MOTION.

AND THEN I THINK WE HAVE TO VOTE ON THAT AND THEN MM-HMM.

BACK TO THAT.

YEP.

SO I'LL, I'LL SECOND YOUR MOTION TO, AND YOUR MOTION WAS TO APPROVAL WITH APPROVE THE CP FOR AN ADDITIONAL SIX MONTHS.

FOR SIX MONTHS.

I'LL SECOND THAT MOTION.

THAT AMENDMENT.

I JUST HAVE A QUICK QUESTION.

IS THERE ANYTHING IN THE LAW, UH, BOOKS THAT SAYS THAT A CUP HAS TO? NO.

IS THERE ANY OTHER DISCUSSION ON THE AMENDMENT TO THE MOTION? MM-HMM.

5.5, CONSIDER APPROVAL OF A REQUEST TO CONSTRUCT AN APPROXIMATELY 1,587 SQUARE FOOT OFFICE LOCATED AT 200 VETERANS DRIVE, KYLE, TEXAS, THE JOHN HALL OFFICE SITE CONDITIONAL USE PERMIT, CUP DASH 24 DASH 0 1 0 5.

SO THE AMENDMENT IS BY MYSELF.

UH, CHAIRWOMAN KIN TO, UM, DO A SIX MONTH EXTENSION, AND THE SECOND WAS FROM VICE CHAIR DELORE.

ALL THOSE IN FAVOR OF THE AMENDMENT, PLEASE SAY AYE.

AYE.

ALL OPPOSED? OKAY.

SO THE MOTION BACK ON THE ORIGINAL ONE FROM COMMISSIONER STEGEL, IS THERE ANY DISCUSSION ON THAT PART? OKAY.

ALL THOSE IN FAVOR OF APPROVING THAT MOTION AS AMENDED, PLEASE SAY AYE.

[5) Consider approval of a request to construct an approximately 1,587-square-foot office located at 200 Veterans Drive, Kyle, TX. (John Hall Office Site - Conditional Use Permit - CUP-24-0105).]

MR. ATKINSON, DO WE HAVE PRESENTATIONS? YES.

BEFORE YOU, UH, STATED, UH, WE HAVE COP 24 DASH 0 0 5 FOR 200 VETERANS DRIVE.

GO.

THERE WE GO.

ALRIGHT.

UH, THEY'RE WANTING TO CONSTRUCT, UH, AN OFFICE BUILDING THAT'S JUST UNDER 6,000 SQUARE FEET.

UH, THE FACADES GONNA CONSIST PRIMARILY OF WHITE LIMESTONE, UH, STAINED BROWN CEDAR POSTS AND A GRAY METAL SEAM ROOF.

AND IT HAS APPROPRIATE ARCHITECTURAL FEATURES ACCENTING THE BUILDING.

AND IT IS IN THE VETERANS DRIVE OVERLAY, WHICH IS ONE OF OUR, I BELIEVE WE HAVE SEVEN OVERLAYS AND ONLY ONE OF THEM HAS STANDARDS ACTUALLY BUILT INTO IT.

AND THAT'S THE I 3 5 35 OVERLAY.

SO THIS VETERANS DRIVE OVERLAY HAS NO OFFICIAL STANDARDS AND THIS IS WHAT THEY'RE PROPOSING.

UM, IT'S A, UH, LIKE I SAID, A WHITE LIMESTONE HOUSE WITH A METAL ROOF.

IT, UM, IT'S DESIGNED TO BLEND IN, UM, OR I'LL SAY NOT REALLY STAND OUT WITH THE ADJACENT RESIDENTIAL.

IT'S THERE BEHIND IT TO THE EAST.

UM, AND THEN THE, THIS FACADE RIGHT HERE IS A SIDE FACING VETERANS DRIVE, AND THERE'LL BE A SIDEWALK OUT TO THE PUBLIC SIDEWALK.

UH, THIS IS THE BACK OF THE BUILDING, AND THEN WE HAVE THE NORTH AND THE SOUTH FACES HERE.

AND THERE'S GONNA BE PARKING HEAD IN PARKING DIRECTLY OFF OF, UH, BARBIE STREET.

ON THE NEXT SLIDE, IT'S KIND OF HARD TO SEE.

IT'S A SMALLER IMAGE, BUT, UM, RIGHT HERE IS VETERANS BLANCO AND BARBIE.

SO THEY'RE GONNA BE PUTTING IN A SIDEWALK AROUND THE OTHER, UH, TWO FACES OF THE TRIANGLE.

AND THEY HAVE FOUR PARKING SPACES HERE.

AND THEN, UH, THEIR OFFICE BUILDING RIGHT HERE.

AND I THINK, I THINK THAT'S IT.

THAT'S NOT LETTING ME GO TO THE NEXT SLIDE.

UM, AND STAFF, UH, FINDS A COMPLIANT AND WE ARE PROUD TO BRING THIS PROJECT TO YOU.

ANY QUESTIONS? WE'VE GOT ONE.

THIS IS PROPERTY IS 0.29 ACRES.

AM I READING THE RIGHT DOCUMENT? IT IS A SMALL SITE, YES.

IT'S VERY, VERY, VERY SMALL AND SMALL PROFESSIONAL BUILDING, UH, AS WELL.

BUT THERE'S THIS AREA WHICH YOU MUST LIKE, LIKEWISE BE SMALL, UH, THAT ON THE PLANT SAYS AREA NOT DISTURBED IN THIS PROJECT.

SO, UM, YES, THAT MEANS IT'S NOT GONNA BE LANDSCAPED.

SO WHAT IS THE FUTURE OF THAT LAND? I'M ASSUMING THAT THEY JUST MOW THE WEEDS DOWN AND, AND, UH, THEY'RE GONNA HAVE RESPONSIBILITY FOR MAINTAINING THAT.

ANY OTHER QUESTIONS? OKAY.

ACCORDING TO CITY CODES, YES.

UM, THEY ARE THEIR LANDSCAPING'S IN THEIR LIMITS OF DISTURBANCE FOR THE AREA ON THE NORTH TWO THIRDS.

THERE'S ALREADY EXISTING, UM, TREES THAT ARE ALONG THE RIGHT OF WAY EDGE AND IT IS A, A KIND OF A GRASS KIND OF CLOVER, UH, COVERING UP FOR GROUND COVER.

UM, SO IT DOESN'T STAND, IT DOESN'T, UM, STAND OUT IN A NEGATIVE MANNER.

IT'LL, IT'LL BLEND IN WITH THE LANDSCAPING THAT THEY'RE PROPOSING.

[00:40:03]

SO WE WILL NEED A MOTION IN A SECOND TO TAKE ACTION ON THE ITEM.

I MAKE A MOTION TO APPROVE THE REQUEST.

UHOH, WHO WANTS IT? OKAY.

SO WE HAVE A MOTION TO APPROVE THE REQUEST FROM COMMISSIONER SIEGEL.

IS THERE A SECOND ON THAT? SECOND? OKAY.

FROM COMMISSIONER SERATO.

ANY DISCUSSION ON THIS MOTION? UH, JUST SOME DISCUSSION NOW THAT YOU BROUGHT IT UP THERE.

WILL, IT SAYS THE AREA NOT DISTURB, BUT I DON'T THINK THAT WOULD RESTRICT THE OWNER IN THE FUTURE TO ADD PARKING.

I KNOW IT'S, THEY ONLY HAVE LIKE FOUR, FOUR SPOTS.

UM, IF THEY PUT IT ON THE PLAT LIKE THAT, THAT DOESN'T, THERE'S NO, IT DOESN'T IMPOSE A LEGAL RESTRICTION ON THEM TO NOT DEVELOP THAT.

IS THAT A TRUE STATEMENT? IN OTHER WORDS, THEY COULD PUT MORE PARKING THERE LATER IF THEY NEEDED IT.

MAYBE.

IT DEPENDS.

UM, WE HAVE, UM, WE HAVE BOTH THE NEIGHBORHOOD COMMERCIAL ZONING CODE, WHICH ALLOWS FOR A, A DRIVEWAY THAT CAN EXCEED A CERTAIN WIDTH.

I DON'T REMEMBER WHAT IT IS OFFHAND.

AND ALSO WE'VE ADOPTED THE CITY OF AUSTIN, UH, TRANSPORTATION CRITERIA MANUAL, WHICH ALSO LIMITS THE NUMBER OF DRIVEWAYS BASED ON LAND USE AND, UH, LINEAR FOOTAGE OF FRONTAGE.

SO IF IN THE FUTURE THEY DECIDE THAT THEIR, THEIR AMOUNT OF PARKING THAT THEY SHOW ON THERE IS INADEQUATE, THEY'LL NEED TO COME TALK TO US TO SEE IF THEY CAN APPLY FOR A NEW PERMIT TO EXPAND THEIR PARKING OR NOT.

AND WE THEN WE CAN GO THROUGH THAT PROCESS AND JUST MAKE SURE EVERYTHING, ALL THE I'S ARE DOTTED AND T'S ARE CROSSED IF, IF THEY CAN FROM THAT POINT.

DOES THAT ANSWER YOUR QUESTION? ALMOST.

UH, AND IN THAT DISCUSSION, WOULD YOU SAY THAT YOU WOULD NOT BE INCLINED TO GRANT THAT? OR COULD YOU SAY AT THIS POINT I COULDN'T SAY AT THIS POINT.

'CAUSE IT, IT HAS TO BE, WE, WE PROVIDE ALL THE INFORMATION THAT THEY NEED TO DESIGN TO IT, AND THEN A CIVIL ENGINEER PUTS IT TOGETHER AS AN OFFICIAL DRAWING AND THEN WE GO FROM THERE.

UM, BUT USUALLY A CIVIL ENGINEER CAN, BASED ON THE INFORMATION WE PROVIDE, CAN DETERMINE IF IT'S WORTH PURSUING OR NOT, AND THEY CAN PROVIDE THAT INFORMATION BACK TO THEIR CLIENT.

THANKS.

YES, SIR.

ANY OTHER DISCUSSION? SO THIS IS GOING TO BE MICROPHONE.

SORRY, I KEEP TURNING IT OFF.

THAT'S GOOD.

UM, SO THIS IS GOING TO BE A ONE OFFICE, UM, OFFICE SPACE NOT DIVIDING IN INTO, YOU KNOW, TWO OR THREE DIFFERENT OFFICES.

THIS PERMIT WITH THE SITE PLAN AND THE APPLICABLE CONDITIONAL USE PERMIT AND THE BUILDING PERMIT ARE ALL THE SAME.

AND SO IT'S A, IT'S A LAW OFFICE.

IT'S A SMALL, UH, GROUP.

, UH, JOHN HALL AND ASSOCIATES, I BELIEVE IS THE NAME OF THE COMPANY.

UM, THEY'RE A LONG TIME.

UM, HE'S A LONG TIME BUSINESS OWNER IN THE COMMUNITY.

AND YES, AT THIS TIME, UM, IT IS A, IT IS ONE OFFICE IN THE FUTURE, IF THEY WANT TO EXPAND THE FOOTPRINT OF THE BUILDING AND WHAT HAVE YOU, IT WOULD HAVE TO BE FULLY COMPLIANT WITH THE ZONING CODE AND OUR MM-HMM.

TRAFFIC CRITERIA MANUALS THAT WE'VE ADOPTED AND ALL THAT KIND OF FUN STUFF.

UM, BUT AT THIS TIME THIS IS COMPLIANT.

AND IF IN A LATER DATE, UM, BECAUSE I NOTICED WHEN I FIRST SAW THE SIDE THINGS I THOUGHT DRIVE THROUGH BECAUSE WHERE THE WINDOW IS I KNOW, BUT THAT WOULD NOT EVER IN THE FUTURE, ACCORDING TO OUR CURRENT COMP PLAN, THEY COULD NOT TRY TO MAKE THIS A DRIVE THROUGH RESTAURANT, SAY IF THEY SOLD THE, THE SPOT.

'CAUSE THIS LOOKING INTO THE FUTURE.

SO PLEASE BEAR WITH ME.

ABSOLUTELY.

UH, THIS ZONING DISTRICT, UH, NEIGHBORHOOD COMMERCIAL DOES NOT ALLOW DRIVE THROUGH SERVICES AT ALL.

I JUST WANTED TO MAKE SURE ABOUT THAT.

SO I, I LIKE THIS LITTLE DESIGN THAT CAME BEFORE US.

SIX, REPORTS AND PRESENTATIONS.

, I APPRECIATE THAT THEY DIDN'T PUT THE PARKING OFF OF VETERANS DRIVE AND THAT INSTEAD THE ACCESS FOOT WAS FROM BEHIND TO HELP EASE CONGESTION IN THAT AREA.

I LIKE THE MATERIALS THAT THEY'VE CHOSEN TO USE.

I LIKE THAT THEY'VE NOT DESIGNED IT IN A WAY THAT LOOKS OUT PLACE WITH THE NEIGHBORING USES OF THAT COMMUNITY THERE.

AND I THINK THAT THIS IS A REALLY COOL INFILL PROJECT ON AN OTHERWISE WEIRD SHAPED MM-HMM.

PIECE OF LAND.

SO I'M, I'M GLAD TO SEE THAT, UH, THIS WAS COMING BEFORE US.

SO, UM, WITH THAT, IF THERE'S NO OTHER REMARKS ON THIS ONE, UH, ALL THOSE IN FAVOR OF APPROVING, PLEASE SAY AYE.

[6) Staff Report by Will Atkinson, Director of Planning.]

[00:45:01]

ITEM 6.6.

STAFF REPORT BY WILL ATKINSON, DIRECTOR OF PLANNING.

BEAR WITH ME.

ALRIGHT, UH, WIL ATKINSON, DIRECTOR, PLANNING FOR THE RECORD AGAIN.

ALL RIGHT, SO WE HAVE OUR STAFF REPORT FOR TODAY.

UM, AT THE LAST PLANNING AND ZONING COMMISSION MEETING, Y'ALL VOTED TO RECOMMEND APPROVAL OF PROJECT TWO STEP, WHICH IS THE ZONING, WHICH IS RIGHT ACROSS THE HIGHWAY RIGHT HERE.

AND, UM, CITY COUNCIL LAST WEEK ULTIMATELY VOTED IT DOWN AND SO DID NOT MOVE FORWARD.

IT IS A PROJECT THAT'S A, Y'ALL KNOW WHAT IT IS? IT'S A MIX OF RETAIL, OFFICE, HOTELS, TOWN HOMES, MULTIFAMILY, AND WHAT HAVE YOU.

UM, PER THE RULES OF COUNCIL THAT THEY HAVE ADOPTED, ANY COUNCIL MEMBER CAN BRING IT BACK AND REQUESTED TO BE RECONSIDERED ON A FUTURE AGENDA.

SO COUNCIL MEMBER ZUNIGA, UM, A FEW DAYS AGO OR LAST WEEK, REQUESTED TO, TO BE BROUGHT BACK TO THE JUNE 4TH, 2024 MEETING, UM, WHICH WILL ALSO POTENTIALLY INCLUDE THE DEVELOPMENT AGREEMENT IN CHAPTER THREE 80, ECONOMIC DEVELOPMENT AGREEMENT THAT THEY'RE GOING TO RECEIVE AS WELL.

SO THAT VOTE WILL HAVE A RECONSIDERATION VOTE TO BRING IT BACK UP FOR CONSIDERATION, AND THEN THEY WILL ALSO HAVE AN OPPORTUNITY IF THAT, IF THAT RECONSIDERATION VOTE PASSES TO ACTUALLY RECONSIDER THE ITEM.

AND SO WE'VE APPROPRIATELY NOTICED EVERYTHING IN THE NEWSPAPER AND WHAT HAVE YOU.

UH, DEVELOPMENT CODE REWRITE.

WE HAVE A DRAFT RFQ WITH OUR PURCHASING DEPARTMENT RIGHT NOW.

THEY'VE GIVEN US A LITTLE BIT OF FEEDBACK, UH, TO MAKE A FEW MINOR EDITS ON WHAT WE'RE PROPOSING.

UM, WE'RE GONNA BE TURNING THAT AROUND PRETTY QUICKLY, AND WE ANTICIPATE TO HAVE A PUBLIC POSTING OF THIS FOR, UM, FOR JUNE, THE MONTH OF JUNE OF 2024.

SO THAT WAY WE CAN, UH, RECEIVE PEOPLE OR GROUPS THAT WANT TO PARTICIPATE IN THIS AND, AND HELP US REWRITE OUR CODE, OUR DEVELOPMENT CODE TO MAKE IT MATCH OUR RECENTLY PASSED COMPREHENSIVE PLAN.

WE ALSO, IN JUNE, OR JUNE OR JULY OF THIS YEAR, WE'RE GONNA HAVE AN RFP, UH, REQUEST FOR, UM, PROPOSALS FOR ADDING, UH, WIRELESS TELECOMMUNICATION FACILITIES ON CITY FACILITIES.

AND WE MAY ALSO BE LOOKING AT UPDATING OUR, OUR WIRELESS TRANSMISSION FACILITY CODE, WHICH IS EXTREMELY OUT, OUT OF DATE.

UM, BE AGAIN.

SO THAT WAY WE, AGAIN, WE, WE, WHAT'S THAT? IT'LL BE OUT DATE AGAIN IN SIX MONTHS JUST BECAUSE OF HOW QUICKLY.

FAIR.

BUT THERE'S SOME THINGS, IT'LL BE, THERE'S SOME THINGS THAT I WON'T GO INTO TONIGHT THAT, UM, THAT WE CAN ADJUST ON OUR END TO MAKE IT A LITTLE BIT MORE SMOOTH WHEN THE TRANSMISSION TOWER ONE NEEDS TO BE CONSTRUCTED IN TOWN TOO.

SO, AND THE STATE A PA CONFERENCE IN 2024, IT'S GONNA HAPPEN IN ALLEN, TEXAS FROM OCTOBER 16TH THROUGH THE 18TH, WHICH IS A WEDNESDAY THROUGH FRIDAY, AND REGISTRATION IS OPEN.

SO LET US KNOW AS QUICKLY AS YOU CAN IF Y'ALL INTEND TO, TO GO TO THE CONFERENCE SO THAT WAY WE CAN GET YOU, UH, REGISTERED AND BOOKED IN A HOTEL AND WHAT HAVE YOU.

AND WE CAN GET THAT ALL KNOCKED OUT.

AND IS THERE ANY OTHER REQUESTS FOR FUTURE AGENDA ITEMS? NOT FOR AGENDA, BUT NOW THAT YOU BROUGHT UP THE REWRITE, THERE ARE A COUPLE OF THINGS THAT, UH, THERE ARE A COUPLE OF THINGS I WOULD HAVE QUESTIONS ABOUT SINCE WE'RE, UH, HAVING A DISCUSSION AND THAT IS, UM, STATUS OF THE DOWNTOWN PLAN.

I MISSED A MEETING, I'M ASSUMING NOTHING HAPPENED THERE, BUT WHAT'S THE STATUS OF THE DOWNTOWN PLAN AS IT WOULD INVOLVE US? SO THE STATUS OF THE DOWNTOWN MASTER PLAN, IT HAS NOT MOVED FORWARD YET.

UM, IT WAS INTENDED TO BE DISCUSSED AT A SATURDAY MEETING A FEW MONTHS BACK THAT ALSO HAD THE ITEM FOR THE, UM, OH, I CAN NEVER REMEMBER WHAT IT'S CALLED, THE PUBLIC PRIVATE PARTNERSHIP FOR THE, UM, FOR A, UM, LIKE A, A CITY, UM, FITNESS FACILITY AND WHAT HAVE YOU.

THAT ITEM TOOK UP THE ENTIRE TIME OF THE MEETING.

AND SO THE, THE DOWNTOWN MASTER PLAN WAS NOT DISCUSSED.

SO, UM, IT WILL, IT SHOULD COME BACK ON A FUTURE DATE, UM, IN THE DRAFT, UH, CITY STRATEGIC PLAN.

IT WAS MENTIONED A COUPLE TIMES AT THE CITY COUNCIL MEETING LAST WEEK.

SO IF YOU LOOK AT THE, UM, AT THE, AT THE DRAFT PROPOSAL, IT'S IN THERE STILL, SO STILL NEEDS TO BE ADOPTED.

IN THE MEANTIME.

COMPONENTS OF THAT FROM THAT HAVE BEEN ADOPTED IN TERRA NUMBER SIX IN THE FUNDING PLAN FOR ALL THE INFRASTRUCTURE FOR DOWNTOWN.

SO IT'S A DIRECT OFFSHOOT OF THAT.

SO DOES THAT ANSWER YOUR

[00:50:01]

QUESTION? YES.

IT DOES.

UM, SPEAKING OF COMP PLAN STUFF, I THINK, UH, COMMISSIONER JAMES HAD BROUGHT THIS UP, BUT SOME MONTHS AGO, IS THERE A POSSIBILITY THAT WE COULD GET A PRINTED VERSION OF THE COMP PLAN, THE MASTER PLAN? MM-HMM, SO THAT WE COULD USE THIS AS A EASY REFERENCE AND ALSO FOR NEW MEMBERS THAT THEY WOULD HAVE SOMETHING FOR ORIENTATION? YES.

ANY OTHER QUESTIONS OR IDEAS FOR STAFF? N NOT A QUESTION, BUT W WILL, CAN YOU JUST GO BACK, UH, TO THE TELECOMS, UH, PAGE? OKAY, COOL.

I'M EXCITED ABOUT THAT.

AND THAT'S ALL.

NICE.

ANYBODY ELSE? EXCUSE ME.

BLESS YOU, .