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[I) Call Meeting to Order and Roll Call]

[00:00:02]

JUNE 11TH, UH, 6:30 PM AND I'D LIKE TO BRING THIS REGULARLY SCHEDULED MEETING OF THE CITY OF KYLE PLANNING AND ZONING COMMISSION TO ORDER.

FIRST ITEM ON THE AGENDA IS ROLL CALL.

WE HAVE A ROLL CALL PLEASE.

DELORE HERE.

MARTHA STEGEL.

HERE.

KIN SHIELD.

HERE.

JAMES? HERE.

S HERE.

OKAY.

WE HAVE A QUORUM.

[II) Approval of Minutes]

UH, NEXT ITEM IS THE APPROVAL OF MINUTES.

CONSIDER APPROVAL OF THE PLANNING IT'S ZONING COMMISSION.

MAY 28TH, 2024.

MEETING MINUTES.

CAN I HAVE A, UH, CAN I HAVE A MR. VICE CHAIR? I'D LIKE TO MAKE A MOTION TO APPROVE.

SECOND.

OKAY.

AYE.

COMMISSIONER SHIELD HAS MADE A MOTION.

MR. SERRANO HAS SECONDED.

AND, UH, LET'S GO TO A VOTE.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

ALL AGAINST SAY NAY.

NO.

NAYS MEETING.

OUR MINUTES ARE APPROVED FROM THE PREVIOUS MEETING.

ITEM THREE CITIZEN COMMENT, PERIOD.

WITH PLANNING ITS ZONING COMMISSION THE PLANNING ITS 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 LIMITS HEARING NO COMMENTS FROM CITIZENS.

I'M GONNA CLOSE THAT ITEM.

UH, ITEM FOUR,

[IV) Consent Agenda]

CONSENT AGENDA.

AND WE HAVE THREE CONSIDERATIONS HERE.

FIRST ONE, CONSIDER APPROVAL OF A SHORT FORM FINAL PLAT FOR EMMA PARK SUBDIVISION PHASE TWO, WHICH IS SUB DASH 22 DASH 2 49.

LOCATED SOUTH OF THE INTERSECTION OF HILLSIDE, TERRACE AND GREEN MEADOWS LANE.

WE HAVE CONSIDER APPROVAL OF A FINAL PLAT FOR PORTER COUNTY, PHASE TWO SUB DASH 24 DASH 0 3 3 5, LOCATED NEAR THE INTERSECTION OF FM 2001 AND PORTER COUNTY PARKWAY.

AND CONSIDER APPROVAL OF A PRELIMINARY PLAN FOR LIVE OAK TOWN HOMES, SUB DASH TWO THREE DASH 0 3 1 1.

LOCATED EAST OF LIVE OAK STREET AND NORTH OF THE INTERSECTION BETWEEN PORTER STREET AND COCHRAN STREET.

DO I HAVE ANY, DO I HAVE A MOTION? MR. CHAIR? UH, VICE CHAIR.

EXCUSE ME.

UM, I'D LIKE TO MAKE A MOTION TO APPROVE, UH, CONSENT AGENDA.

AGENDA ITEMS TWO, THREE, AND FOUR SECOND.

OKAY.

SO WE HAVE A, WE HAVE A MOTION FROM COMMISSIONER SHIELD, SECONDED BY, UH, COMMISSIONER JAMES.

ANY DISCUSSION ON THESE? UH, ON THE CONGEN CONSENT AGENDA? HAVING NO DISCUSSION WILL GO TO A VOTE.

UH, ALL IN FAVOR OF THE CONSENT AGENDA, SAY AYE.

AYE.

AYE.

ALL AGAINST SAY, NAY CONSENT AGENDA IS APPROVED.

ITEM

[5) Consider approval of an exception from Section 50-1 of the City of Kyle, Code of Ordinances pertaining to overhead electric requirements for Kyle Springs Apartments. ]

FIVE, CONSIDERING POSSIBLE ACTION.

FIRST ITEM IS CONSIDER APPROVAL OF AN EXCEPTION FROM SECTION 50 DASH ONE OF THE CITY OF KYLE CODE OF ORDINANCES PERTAINING TO OVERHEAD ELECTRIC REQUIREMENTS FOR KYLE SPRINGS APARTMENT.

AND I THINK WE HAVE A PRESENTATION FROM MR. ATKINSON.

THANK YOU WILL.

YES, SIR.

UH, WILL ATKINSON, PLANNING DIRECTOR FOR THE RECORD.

UM, AS STATED, WE HAVE A REQUEST TO PROVIDE AN EXCEPTION TO SECTION 50 DASH ONE TO ALLOW OVERHEAD ELECTRICAL SERVICE TEMPORARY FOR THE KYLE SPRINGS APARTMENTS.

AND LET'S SEE HERE.

UM, SECTION 50 DASH ONE REQUIRES ALL ELECTRICAL TO BE UNDERGROUND AND PROVIDES FOR AN APPEALS PROCESS TO THE PLANNING AND ZONING COMMISSION FOR NON-LIFE SAFETY REASONS.

UH, THE PROJECT AT THE KYLE SPRINGS APARTMENT PROJECT IS PROPOSING TEMPORARY OVERHEAD LINES FROM THE SITE TO THE EXISTING B ROAD OVERHEAD LINES.

THE NEXT, THE LINE IS OUTLINED IN RED ON THE NEXT SLIDE, ACTUALLY, EXCUSE ME, I ENDED UP SWAPPING THE SLIDES AND I APOLOGIZE.

THE BLUE RIGHT THERE IS THE OUTLINE OF THE PROJECT SITE.

UM, IT'S A LITTLE BIT EAST OF I 35 AND THE SOUTH SIDE OF BB ROAD.

AND RIGHT HERE AS YOU ZOOM IN, THAT RED CIRCLES OR THE TEMPORARY POLE AND THE ELECTRICAL SERVICE OVER TO THE EXISTING LINES ARE GOING TO BE, THIS IS THE ROAD BOND SCHEDULE.

UM, THE REASON WHY THEY'RE ASKING FOR IT TO BE TEMPORARY IS BECAUSE BY, IF THE SCHEDULE HOLDS, WHICH IT SHOULD, UM, THE BB ROAD ROAD BOND PROJECT WILL BE COMPLETE BY SEPTEMBER OF 2026, THIS PHASE OF IT.

SO INSTEAD OF BEARING THE LINE UNDER BB ROAD AND GOING TO THE EXISTING OVERHEAD ELECTRICAL, WHICH IS GOING TO ALSO BE BURIED WITH THE BB ROAD PROJECT AND THE ROAD ALSO BEING ALL RIPPED UP DURING CONSTRUCTION, IT'S JUST MAKES A LOT MORE SENSE TEMPORARILY, UM, FOR THEM TO LET THEM TO HAVE OVERHEAD ELECTRICAL SERVICE TO GET ACROSS THE RIGHT OF WAY UNTIL OUR PROJECT IS COMPLETE AND THEN WE WILL BURY THEIR

[00:05:01]

ELECTRICAL SERVICE.

AND QUESTION YES, YOU JUST SAID WE WILL BURY IT THE CITY, THEY WILL NOT BE RESPONSIBLE FOR BEARING IT WITH THE CITY'S, UH, ROAD BOND PROJECT.

ALL ELECTRICAL ALONG THE ROUTE WILL BE BURIED BY THE CITY.

YES.

OKAY.

THANK YOU.

AND SO WE ASK, UH, THAT STAFF RECOMMENDS THAT THIS IS A REASONABLE REQUEST AND THAT WE ASK THAT Y'ALL APPROVE THE REQUEST FOR, ALLOW THEM TO HAVE TEMPORARY OVERHEAD SURFACE.

AND THEN ONE OTHER QUESTION.

MM-HMM.

, WHO WILL BE RESPONSIBLE FOR REMOVING THE OVERHEAD? THE OVERHEAD ELECTRICAL? MM-HMM.

THE CITY WILL AS PROBABLY OUR ROAD BOND.

OKAY.

SO WE WILL BE RESPONSIBLE FOR REMOVING THAT AS WELL.

YES.

OKAY.

ALRIGHT.

ANY OTHER QUESTIONS FOR STAFF? OKAY.

CAN I HAVE A MOTION? I'D LIKE TO MAKE A MOTION TO APPROVE WITH THE, UM, AGREEMENT THAT WE WILL BE REMOVING THE TEMPORARY OVERHEAD, UH, ONCE THE RED WITH THE, UH, ROAD BOND CONSTRUCTION OR PROJECT OF BB ROAD.

OKAY.

WE HAVE A MOTION FROM COMMISSIONER SHIELD TO, UH, APPROVE WITH THE AGREEMENT THAT WE'RE GOING TO REMOVE AS PART OF THE ROAD BOND, AND IT WILL GO AWAY AT THE TIME.

HAVE A SECOND, SECOND.

SECOND BY COMMISSIONER JAMES, ANY DISCUSSION ON THIS? OKAY.

GO TO A VOTE.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

ALL AGAINST SAY NAY.

THE AYES HAVE IT.

ALL RIGHT, THANK YOU.

THANKS WILL.

NEXT ITEM,

[6) Consider approval of a request to construct an approximately 5,580-square-foot medical office building located at 6151 Post Road. Khit Chiropractic - Conditional Use Permit. (CUP-24-0103)]

UH, CONSIDER APPROVAL OF A REQUEST TO CONSTRUCT AN APPROXIMATELY 5,580 SQUARE FOOT MEDICAL OFFICE BUILDING LOCATED AT 61 51 POST ROAD KIT CHIROPRACTIC, UH, CONDITIONAL USE PERMIT, CUP DASH 24 DASH 0 1 0 3.

AND THAT ITEM'S BEING PRESENTED BY OUR PLANNER.

KAYLA SHARP.

KAYLA? YES.

KAYLA SHARP.

SENIOR PLANNER FOR THE RECORD.

UM, SO THIS IS A CONDITIONAL USE PERMIT FOR COMPLIANCE WITH THE I 35 OVERLAY.

UM, THE SITE IS TOWARDS THE SOUTH END OF OUR CITY LIMITS OFF OF POST ROAD, UM, WHICH IS NEAR YARRINGTON ROAD.

THEY'RE LOOKING TO CONSTRUCT, UM, AN APPROXIMATELY 5,500 SQUARE FOOT, UM, CHIROPRACTIC OFFICE.

AND THE MATERIALS CONSIST PRIMARILY OF BRICK VENEER AND STUCCO.

SO HERE ARE THOSE COLORED RENDERINGS.

AND THEN THESE ARE FAIRLY LIGHT IN COLOR, SO, UM, THEY'RE A LITTLE BIT HARD TO SEE, BUT THEY ARE, UM, THE DESIGN IS COMPLIANT WITH THE I 35 OVERLAY AS FAR AS, UM, MATERIALS AND ARCHITECTURAL DETAILS AND SCREENING AND ALL OF THAT GOES.

THERE'S THE OTHER SIDE.

WE HAVE THE DUMPSTER ENCLOSURE THAT'S ALSO COMPLIANT SITE PLAN.

AND YES, STAFF HAS FOUND THAT THIS REQUEST IS COMPLIANT AND WE RECOMMEND APPROVAL.

ANY QUESTIONS? NO QUESTIONS.

THANKS KAYLA.

DO I HAVE A MOTION ON THIS ITEM? YES.

I MAKE A MOTION TO APPROVE, UM, THE REQUEST TO CONSTRUCT, UH, KIT CHIROPRACTIC.

I SECOND, UH, CAN WE HAVE A MOTION, UH, FROM COMMISSIONER SERRANO AND SECONDED BY, UH, COMMISSIONER STEGEL? ANY DISCUSSION ON THE MOTION? OKAY, WE'LL GO TO A VOTE.

ALL IN FAVOR OF THIS MOTION, SAY AYE.

AYE.

AYE.

ALL AGAINST SAY NAY MOTION'S APPROVED.

THANK YOU.

THANK YOU.

ALL RIGHT.

ITEM,

[7) Staff Report.]

UH, FOUR REPORTS.

THE PRESENTATION STAFF REPORT PRESENTER IS, UH, BILL ATKINSON.

UH, WILL ATKINSON, FOR THE RECORD, UH, BEFORE YOU HAVE THE LAST TIME OF THE AGENDA, UH, THE PLANNING DEPARTMENT STAFF REPORT.

UH, JUST AS A HEADS UP, UH, AT THE LAST COUNCIL MEETING LAST WEEK, UH, OUR CITY COUNCIL RECONSIDERED THE PROJECT TWO STEPPED PLANNED UNIT DEVELOPMENT.

THEY, UH, THEY VOTED TO BRING IT BACK FOR CONSIDERATION AND THEY ALSO VOTED TO SEVEN TO ZERO TO APPROVE THE ITEM AND POSTPONE THE SECOND READING OF IT TILL THE SIX 18 MEETING.

UH,

[00:10:01]

NEXT WEEK IT'S ALSO GOING TO HAVE THE, UH, DEVELOPMENT AGREEMENT AND THE SEPARATE CHAPTER THREE 80 INCENTIVE AGREEMENT WITH IT.

SO THEY WILL SEE A VERY HOLISTIC APPROACH TO IT AND GO FROM THERE.

AND THEN THE OTHER ITEM IS, UM, THE A PA, UH, STATE CONFERENCE FOR 2024.

ONCE AGAIN, IT'S GONNA BE IN ALLEN, TEXAS, OCTOBER 16TH THROUGH THE 18TH, SO WEDNESDAY THROUGH FRIDAY.

AND, UH, REGISTRATION IS OPEN.

IF YOU WANT TO GO, LET US KNOW AS QUICKLY AS POSSIBLE SO WE CAN GET Y'ALL ON THE, ON THE REGISTRATION AND IN A, WITH A HOTEL ROOM AND WHAT HAVE YOU.

AND, UH, YOU CAN SHOOT, WE WOULD PREFER TO HAVE THAT IN WRITING VIA AN EMAIL, PLEASE.

AND THEN, UH, THE LAST ITEM ON HERE IS, UH, REQUEST FOR FUTURE AGENDA ITEMS. IS THERE ANYTHING THAT Y'ALL, AS THE PLANNING, ZONING, COMMISSION, UH, WOULD LIKE TO SEE ON THE FUTURE AGENDA? I DON'T THINK THERE'S ANYTHING, UH, THAT COMES TO, TO MIND RIGHT NOW.

WILL, BUT I KNOW YOU ARE IN THE PROCESS OF LOOKING AT, UH, VARIOUS STATUTES.

CORRECT.

CAN YOU, FOR, FOR REVIEW, IS THAT TRUE OR DO WE HAVE THAT WRONG? I THOUGHT WE HAD, YOU KNOW, YOU HAD A, A LIST LIKE THE LANDSCAPING, UH, TO MOVE TO SEASCAPE, AND THEN YOU WERE, WE WERE LOOKING AT SOME OTHER STATUTE REVIEWS.

OH.

ARE YOU REFERRING TO THE, THE LIST THAT Y'ALL BROUGHT FORWARD AT ONE POINT, OR WHAT ARE YOU NO, I THINK THESE WERE THINGS THAT YOU HAD ON YOUR AGENDA.

NO, WE DID APPROVE.

UH, WE DID GET THE, THE LANDSCAPING CODE THROUGH Y'ALL AND CITY COUNCIL BACK IN APRIL.

RIGHT.

SO THAT'S UP AND RUNNING.

UM, AND THAT'S THE CODE THAT NOW DOES REQUIRE A, REQUIRES ZERO ESCAPING IF YOU'RE INSTALLING NEW, UH, LANDSCAPING OR WHAT HAVE YOU.

SO, WHICH IS A, A MASSIVE BOON TO OUR, TO OUR WATER THAT WE HAVE AND RIGHT.

THIS APPLIES THAT WE ARE BRINGING ONLINE.

SO, UM, FROM A CONSERVATION STANDPOINT.

UM, AND, UM, WE ARE ALSO GOING TO BE, UM, BRINGING UP A, A CODE REWRITE FOR RFQ IN JULY.

UH, WE'RE WRAPPING THINGS UP WITH OUR, WITH OUR, UH, PURCHASING DEPARTMENT ACCORDINGLY.

SO, UM, ONCE THAT ALL KICKS OFF, ONCE WE SELECT, ONCE COUNCIL ULTIMATELY APPROVES A CONTRACT AND SELECTION OF WHOEVER APPLIES, UM, THEN UH, WE WILL START GOING THROUGH HEAD ON INTO ALL THE THINGS THAT NEED TO BE UPDATED WITH OUR DEVELOPMENT CODE, WHICH IS BOTH EXCITING AND DAUNTING.

AT THE SAME TIME.

.

OKAY.

SO WITH, UH, HOW LONG IS THE RFQ OUT THERE? HOW LONG IS A 90 DAY? WE DON'T KNOW THAT ANSWER YET.

UH, WE'RE STILL WORKING THROUGH INTERNALLY ON THAT TIMEFRAME FOR IT TO BE OUT TO THE PUBLIC.

OH, I DID HAVE A QUESTION ABOUT THE LAST ITEM ABOUT THE LANDSCAPING.

MM-HMM.

.

AND PART OF OUR DISCUSSION WAS A LIAISON WITH DEVELOPERS IN THE COMMUNITY ABOUT INFORMING THEM OF WHAT THE CITY'S STANDARDS ARE NOW.

SO THE PERSON WHO WAS GONNA BE THE TREE SPECIALIST IN THE PAST WAS SUPPOSED TO BE ABLE TO BE POINT ON TAKING, UH, QUESTIONS ABOUT LANDSCAPING AS WELL.

HAVE YOU HAD ANYTHING HAPPEN WITH DEVELOPERS OR CITIZENS THAT, UH, WHERE PEOPLE HAVE NEEDED YOUR RESOURCES AND GUIDANCE? PARTICULARLY? I CAN'T THINK OF A SPECIFIC, UM, UH, TIME WHERE IT'S HAPPENED, BUT YES, WE DO.

WE, WE PROBABLY TALK TO BETWEEN DEVELOPERS AND, AND, UM, CITIZENS OF BOTH, UM, INSIDE THE CITY AND OUTSIDE THE CITY, DEPENDING IF THERE'S A DEVELOPMENT AGREEMENT, WE PROBABLY HAVE A HANDFUL OF CALLS OR EMAILS EVERY WEEK, UM, ABOUT THIS.

SOMETIMES IT'S AS LITTLE AS, HEY, I HAVE THREE TREES IN ME YARD, I ONLY NEED TWO.

ONE OF 'EM IS DYING.

CANARY REMOVE IT.

OR THEN WE, AND WE, WE FOLLOW UP EITHER WITH AN INSPECTION OF IT AND OR IF, UM, OR IF WE WERE, WE KNOW IT WAS JUST PLANTED IF YOU KNOW, THAT KIND OF STUFF.

UM, AND GIVE THEM ANSWERS TO WHAT THEY CAN AND CAN'T DO.

UM, BUT ALSO WITH DEVELOPMENT, UM, WHENEVER YOU HAVE A PRE-DEVELOPMENT MEETING OR SOMEONE'S KICKING TIRES FOR A NEW DEVELOPMENT PROJECT AND THEY ASK, OH, WHAT DOES LANDSCAPE CODE SAY? THEN WE CAN PROVIDE THAT TO THEM.

AND ANY FOLLOW UP QUESTIONS, WE CAN ANSWER THAT PRETTY QUICKLY.

SO, SO WE'RE NOT REALLY AT A POINT WHERE THERE'S ANY CONFUSION ABOUT IT.

THE DEVELOPERS AREN'T CONCERNED ABOUT IT OR FINDING OUT WHAT THE LIMITS ARE.

I WOULDN'T SAY CONFUSION PER SE.

UH, SOMETIMES THEY HAVE CLARIFYING QUESTIONS AND WE ARE, WE'RE ABLE TO CLARIFY THAT PRETTY QUICKLY.

OUR, OUR NEW CODE OR, OR UPDATED CODE I WOULD SAY, UM, IS, IS VERY, WE, WE TRIED TO DRAFT IT IN THERE THAT WAS VERY CLEAR AND VERY SUCCINCT WHERE WE COULD FROM THAT PERSPECTIVE.

YEAH.

GOOD.

THANK YOU.

MM-HMM.

, ANY OTHER QUESTIONS FOR STAFF? I JUST HAVE ONE REQUEST.

UM, WHEN YOU GUYS ARE PUTTING IN, UM, YOU KNOW, I KNOW YOU GUYS TRY TO GIVE US A, A MAP OF THE GENERAL AREA, BUT SOMETIMES THAT'S KIND OF HARD TO READ TO REALLY SEE WHERE IT'S AT.

[00:15:01]

IF YOU DON'T MIND ALSO PUTTING IN LIKE A MAP OF THE CITY WITH A, THIS IS WHERE, YOU KNOW, THAT LITTLE BOX SAYS IS THIS IS WHERE THE GENERAL, YOU KNOW, YOU KNOW WHAT I'M SAYING? YES.

AND WITH AN INSET.

YEAH.

THAT, UM, SAYS THIS IS WHERE THE ACTUAL, THE PICTURE THAT YOU GUYS ARE, ARE DOING IS LOCATED THAT WAY.

UM, WHAT I'M TRYING TO GOOGLE IT AND REALLY LOOK AND SEE.

OKAY.

AND UM, YOU KNOW, TRY TO GET THAT IT'S A LITTLE BIT MORE HELPFUL.

OKAY.

ESPECIALLY ON WHEN IT'S A LITTLE BIT OFF ON THE SMALLER STREETS.

OKAY.

OKAY.

ANYTHING ELSE? I WOULD JUST LIKE TO SAY THAT LAST ONE ABOUT AGENDA ITEMS. I LIKE SEEING IT ON THERE BECAUSE IT ALLOWS US TO HAVE FURTHER DISCUSSION TO SEE IF IN FACT THERE'S AN AGENDA ITEM WE WANT TO, UH, TO NAME OR FOR THE NEXT MEETING OR SOME SUBSEQUENT MEETING.

UM, I THINK IT'S A GOOD TOOL TO, TO HAVE DISCUSSION AND GIVE US A SENSE OF PARTICIPATING DIRECTLY IN THE PROCESS AS WE FEEL, UH, IT'S NECESSARY.

SO, UH, JUST LIKE, I'M GLAD IT'S ON THE AGENDA.

MM-HMM.

, THANK YOU.

ANY OTHER QUESTIONS? THANKS, WILL.

YEAH, IT'S MY PLEASURE.

NEXT ITEM IS ADJOURNMENT.

THIS UH, CONCLUDES THE BUSINESS OF THE PLANNING.

ITS ZONING COMMISSION FOR TODAY.

UM, MEETING IS ADJOURNED.