[2) Consider approval of a request to rezone approximately 5.22 acres being, 0.89 acres of land from ‘RS’ (Retail Services), and 4.33 acres of land from “A” (Agriculture) to ‘PUD’ (Planned Unit Development), located at 24155 & 24321 IH-35. (Z-23- 0115) Public Hearing ]

NUMBER FOUR. CONSIDERING POSSIBLE ACTION, FIRST ITEM CONSIDER APPROVAL OF A REQUEST TO REZONE APPROXIMATELY 5.22 ACRES, BEING EIGHT POINT CORRECTION .89 ACRES OF LAND FROM RS RETAIL SERVICES AND 4.33 ACRES OF LAND FROM A AGRICULTURE TO A PUD PLANNED UNIT DEVELOPMENT LOCATED AT 24155 AND 24321 I-H 35 Z 23-0115 AND, WE HAVE A PRESENTATION ON THIS BY MR. ATKINSON. WELL, ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD. AND JUST AS A NOTE, WHEN I'M DONE WITH THE PRESENTATION, WE'LL NEED TO OPEN UP THE PUBLIC HEARING AS WELL. OKAY. THANK YOU. WILL SO, DO YOU WANT TO DO THAT IN THE BEGINNING? RIGHT NOW . I CAN DO THE PRESENTATION RIGHT NOW, IF YOU LIKE. AND THEN WE CAN GO FROM THERE. SOUNDS GOOD. ALL RIGHT. SO AS STATED, THIS IS A REZONING FOR APPROXIMATELY A TOTAL OF 5.22 ACRES AT THE INTERSECTION OF NORTHBOUND I-35 AND EAST POST ROAD, THE .89 ACRES THAT YOU MENTIONED, IN INTRODUCING THE ITEM IS ALREADY ZONED RETAIL SERVICES. AND THE REST IS ZONED FOR AG, AND IT'S, IT'S RIGHT NEXT TO THE QUAIL RIDGE NEIGHBORHOOD AND APPROXIMATELY 0.8 MILES NORTH OF YARRINGTON ROAD. THEY ARE PROPOSING A PLANNED UNIT DEVELOPMENT ON THIS SITE FOR ONE SPECIFIC REASON.

THEY ARE TRYING TO PROTECT. WELL, TWO. REALLY, THERE'S A LARGE 58 INCH LIVE OAK TREE ON SITE THAT'S IN GREAT CONDITION. AND THEY'RE PREVIOUSLY APPROVED SITE PLAN BACK IN 2013. WE DID NOT HAVE TREE PROTECTION OR A TREE PROTECTION ORDINANCE IN PLACE AT THAT TIME. AND SINCE THEN, HIS, SITE PLAN HAD EXPIRED, AND HE WANTS TO CONTINUE TO BUILD A GAS STATION ON SITE. BUT IT'S TOO CLOSE TO OTHER ALLOWED GAS STATIONS, PER OUR ORDINANCE THAT LIMITS GAS STATIONS GEOGRAPHICALLY FROM ONE ANOTHER. SO TO ACCOUNT, TO ACCOUNT FOR WHAT WE NEED A VARIANCE TO OTHERWISE DO THAT. A PLANNED UNIT DEVELOPMENT IS THE APPROPRIATE RESPONSE TO BRING FORWARD TO HELP PRESERVE THE TREE AND ALLOW THEM TO BUILD A NEW GAS STATION ON THE OTHER SIDE OF THE TREE ON A TECHNICALLY SEPARATE LOT. OKAY. AND SO RIGHT HERE IS THE SITE PLAN FROM 2013, THE AREA IN RED IS THE CONVENIENCE STORE AND THE, GAS STATION CANOPY AREA IN GRAY IS THE PAVEMENT AND PARKING AREA. AND THE AREA IN GREEN IS THE 58 INCH LIVE OAK TREE. SO IF THEY WERE TO IF THIS SITE PLAN WAS STILL VALID, THEN THAT TREE WOULD DIE WITH THE DEVELOPMENT IN THIS CASE AND THE IN THE LANDOWNER WANTS TO PRESERVE THE TREE. SO HERE'S A PICTURE OF IT.

[00:05:06]

IT'S A MASSIVE TREE. YOU CAN SEE IT AS YOU DRIVE BY. IF YOU'RE GOING NORTHBOUND ON THE ON THE ACCESS ROAD. AND, THE TWO AREAS IN GREEN ON THIS, IMAGE RIGHT HERE, THOSE ARE AREAS WHERE THEY PEOPLE ARE ALREADY ALLOWED TO HAVE GAS STATIONS. THEY ARE VESTED BETWEEN DEVELOPMENT AGREEMENTS. EACH ONE OF THOSE, ONE OF THEM IS IN THE, THE PGI TRACT. THERE'S A CHAPTER 380 ON THEIR, SOUTHWEST OF THE SITE. AND THEN THERE'S, THERE'S A GAS STATION SITE IN THE PARAMOUNT SUBDIVISION AS WELL. AND WE'RE AGAIN, WE'RE REQUIRE A ONE MILE DISTANCE FROM PROPERTY LINE TO PROPERTY LINE AS THE CROW FLIES. BUT FOR, GAS STATIONS, ADDITIONALLY, THEY ARE THROWING IN, A RATHER LARGE, EXTENSIVE LIST OF RESTRICTED USES THAT WE PROBABLY DON'T WANT TO SEE IN OUR DEVELOPMENTS. AND THEN HERE IS A LAND PLAN THAT THEY'RE SHOWING IN THE EXHIBIT, FOR THE NEW GAS STATION AND APPLICABLE RETAIL THAT'S GOING TO GO WITH IT. AND THE GREEN DOT RIGHT THERE IS THE LOCATION OF THE EXISTING 58 INCH TREE. NOW, THIS LAND PLAN IS JUST A HIGHER LEVEL CONCEPTUAL PLAN TO GIVE TWO SCALE DRAWING OF WHAT THEY WANT TO DO ON SITE. SO THIS IS NOT A SITE PLAN THAT'S BEEN SUBMITTED OR ANYTHING LIKE THAT. BUT THAT JUST GIVES YOU AN INDICATION OF WHAT IT'S GOING TO LOOK LIKE. FOLLOWING, ASSUMING THE ZONING GOES THROUGH, THE PERMITS APPLICABLE AFTER THAT ARE GOING TO BE FINAL PLAT, A SITE DEVELOPMENT PERMIT WITH COMPLIANCE WITH THE ZONING DISTRICT AND I-35 OVERLAY, A CONDITIONAL USE PERMIT WITH A COMBINATION OF A BUILDING FACADE WITH THE I-35 OVERLAY AND THE KYLE DESIGN STANDARDS GUIDE, WHICH WAS A RESOLUTION PASSED BY COUNCIL A COUPLE OF MONTHS BACK. AND THEN THERE ARE COMMERCIAL BUILDING PERMITS THROUGH THE BUILDING DEPARTMENT. SO YOU HAVE A FEW OPTIONS, WE RECOMMEND OPTION NUMBER ONE, WHICH IS APPROVAL OF THE PUD AS PRESENTED, BUT ONE CAN ALSO RECOMMEND APPROVAL OF THE PUB WITH MODIFICATIONS, OR YOU CAN RECOMMEND DENIAL OF THE REQUESTED PUD. AND AT THIS POINT I WILL STOP MY PRESENTATION SO WE CAN OPEN UP THE PUBLIC HEARING. AND THEN IF YOU HAVE ANY QUESTIONS, WE CAN GO FROM THERE. THANK YOU. BILL OKAY. SO AT THIS POINT WE'LL OPEN UP PUBLIC HEARING FOR, THIS ITEM ON THE AGENDA. HAVING NO, NO CITIZEN COMMENTS DURING THE PUBLIC PERIOD, WE'LL, CITIZEN COMMENTS ARE CLOSED FOR THIS ITEM, AND WE'LL HAVE A LITTLE TALK ABOUT IT. NOW, ANY QUESTIONS FOR STAFF? GO AHEAD.

COMMISSIONER STIEGEL, 2013 PERMIT FOR THE GAS STATION. NOTHING'S HAPPENED IN 11 YEARS.

DID THEY LOSE THAT PERMIT AS A RESULT? IT HAS EXPIRED, TYPICALLY PERMITS FROM DATE OF APPLICATION FOR SITE PLANS LAST TWO YEARS. IF YOU DON'T MAKE A MOVE ON THEM AT ALL. IF YOU DON'T START DIRT WORK, ONCE YOU START DIRT WORK AND YOU START MAKING PROGRESS ON SITE, THEY CONTINUE ALONG WITH THE PROJECT UNTIL IT GETS A CO. IN THIS CASE, THE CITY THIS GAS STATION WAS DESIGNED TO TIE INTO AN AS OF YET EXISTING SOUTH SIDE WASTEWATER LINE. AND AT THAT TIME IT WAS SUPPOSED TO BE MOVING FORWARD, BUT THERE WERE DELAYS ON THE CITY SIDE THAT THE CITY KEPT EXTENDING THE SITE DEVELOPMENT PERMIT. NOW, THE WASTEWATER LINE THAT IS NOW IN PLACE HAS BEEN IN PLACE FOR 2 OR 3 YEARS NOW AND IS FUNCTIONING AND SO BETWEEN THE APPLICANT NOT MOVING FORWARD AND THE WASTEWATER LINE NOW IN PLACE, THAT PERMIT HAS EXPIRED. BUT THEY HAD STARTED THE CONVERSATION WITH US AND THIS CULMINATED IN THIS NEGOTIATED PUD THAT, TO RESOLVE THAT SO WE CAN STILL UTILIZE THE SITE FOR WHAT HE ORIGINALLY INTENDED. BUT TO ALSO, SAVE THE TREE AT THE SAME TIME, DID THE MERELY DID THE FOOTPRINT OF THE BUILDING CHANGE, OR IS IT ACTUALLY AT THE NORTHERN END OF THE PROPERTY? IT LOOKS LIKE IT'S STILL ON THE SOUTH END. SO RIGHT HERE, THIS SITE THAT YOU SEE ON THE SCREEN HERE, LET ME PRESENT THIS AGAIN.

YES, THIS THIS IS, THIS IS BETWEEN THE SPLIT OFF OF POST ROAD FROM, FROM I-35, WHICH IS RIGHT HERE. CAN YOU SEE MY CURSOR. RIGHT. AND THEN THIS IS THE EXISTING PROPERTY LINE BOUNDARY. THIS IS A PLATTED LOT. AND SO EVERYTHING IS ESSENTIALLY WITHIN THAT SOUTHERN CORNER OF THE. WHY. AND THE ROAD, IF YOU WILL. BUT WITH THE NEW PROPOSED PUD, THIS SITE RIGHT HERE IS WHERE THE ORIGINAL GAS STATION WAS, AND THEY'RE ACTUALLY MOVING IT TO THE NORTH ON A SEPARATE WHAT WILL BE A SEPARATE LOT. SO IT'S WITHIN FURTHERMORE, IT'S WITHIN A WE'RE TRYING TO PRESERVE A TREE AND IT'S BUT THERE'S A PROBLEM WITH IT BEING WITHIN ONE MILE OF TWO OTHER GAS

[00:10:05]

STATIONS. NOW, WHAT I NOTED IS THAT THE TWO OTHER GAS STATIONS ARE ON THE OTHER SIDE OF I-35, AND THAT, IN FACT, THIS WOULD BE THE FIRST GAS STATION INSIDE OUR CITY LIMITS. AFTER EXITING I-35, HEADING NORTH. YEAH, I'M GOING NORTHBOUND FROM SAN MARCOS. I BELIEVE THAT WOULD BE ACCURATE.

OKAY SO THERE'S A REQUEST FOR A PUD TO SAVE THE TREE, AND THEY KIND OF DONE THIS BY JUST SHIFTING THE FOOTPRINT OF THE DEVELOPMENT. AND THEN WE'VE GOT TO GET OVER THE ISSUE OF THE ONE MILE LIMIT. AND SO MY QUESTION WAS, WOULDN'T A VARIANCE GRANTED BY US SUFFICIENTLY DEAL WITH WITH THAT. SO THE PLANNING AND ZONING COMMISSION DOES NOT GRANT VARIANCES THAT WOULD HAVE TO GO TO THE BOARD OF ADJUSTMENT. AND BECAUSE, THEY LET THEIR SITE PLAN EXPIRE, IT WOULDN'T COUNT AS A HARDSHIP PER SE. SO WITH PODS, YOU CAN BUILD IN FLEXIBILITY, ON THE PROJECTS.

EXCUSE ME. TO WHERE THEY ARE, THERE'S ESSENTIALLY WHAT THEIR, THEIR BUILT IN VARIANCES INTO THE CODE TO ACHIEVE GOALS THAT YOU COULDN'T OTHERWISE DO THROUGH HARDSHIPS SO THAT LEADS TO THE NEXT QUESTION. SO BOARD OF ADJUSTMENTS WOULD HAVE TO DEAL WITH THE VARIANCE PERIOD.

IT'S NOT IN OUR PURVIEW. IT'S NOT EVEN IN THE COUNCIL'S PURVIEW TO PER SE. CORRECT. SO A PUD, WE CAN'T GRANT A VARIANCE. THIS FOOTPRINT HAS BEEN CHANGED. THAT'S NO ISSUE, A POD, THOUGH, IS SUPPOSED TO BE MORE DYNAMIC, CREATIVE AND CONTRIBUTING, YOU KNOW, AND RESIDENTS MIXED USE COMMERCIAL. AND I'M NOT SEEING THAT AROUND A GAS STATION. IT CAN BE. AND WE HAD THOSE DISCUSSIONS WITH THE APPLICANT AS WELL EARLY ON WITH THIS PUD, WE ORIGINALLY WE HAD DISCUSSIONS FOR IT TO BE HE HAS LAND ALL THE WAY UP TO AND PLEASE CORRECT ME IF I'M WRONG MISTER MERIDIA, BUT I BELIEVE HE HAS LAND ALL THE WAY UP TO THE WATERSTONE BOULEVARD ENTRANCE. THERE'S A SIGN UP THERE NOW THAT THAT'S ROCK. AND IT'S LIKE THE BLUE GLASS AND ALL THAT. HOWEVER, HE IS NOT READY TO DEVELOP THE OUT THE ENTIRE SITE TO HAVE THE WHOLE SITE PLANNED OUT. AND SO THEY WANTED TO FOCUS MORE ON WHAT HE WAS READY TO DO. AND THAT'S AND THAT'S HIS PREROGATIVE TO DO THAT, AND SO ANYTHING THAT COMES IN AFTER THIS, IT WILL HAVE TO BE ZONED APPROPRIATELY AND WE WILL WORK WITH MR. MERIDIA OR THE APPLICANT, IF HE HAS SOMEONE WHO'S WANTING TO BUY THE SITE TO TRY TO DO OUR VERY BEST TO MAKE SURE THAT IT IT, IT COORDINATES WELL, AND IT TIES INTO THIS PROPERTY AND THEY, THEY HAVE SYNERGY BASED OFF OF EACH OTHER.

YEAH. SO ONE OF THE THINGS I WAS A COUPLE OF THINGS I'M CONCERNED ABOUT IS THAT THAT QUADRANT OF OUR CITY, AS YOU GO NORTHBOUND, IF YOU LOOK AT IT FROM WHERE IT SAYS KYLE, EXIT NORTH TO CENTER STREET, 150 IS NOT VERY APPEALING. I THINK WE ALL KNOW THAT. SO MY CONCERN IS THAT WE HAVE SOMETHING GO IN THERE. NUMBER ONE, THAT'S MORE APPEALING AND SERVES A REAL FUNCTION. MEET SOME NEEDS IN THE COMMUNITY BUT ALSO WOULD SERVE WATERSTONE ACTUALLY, BECAUSE THAT'S GOING TO BE A FAIRLY BIG DEVELOPMENT AS I UNDERSTAND. SO THEIR PROPERTY RUNS ALL THE WAY FROM THE SPLIT OF POST ROAD AND I-35 UP TO THE ENTRANCE TO WATERSTONE. YES, SIR. OKAY. AND I'M BY SAYING THIS, I'M SPEAKING FOR MISTER MERIDIAN. YOU CAN TELL ME TO STOP TALKING IF NECESSARY, BUT, I SUSPECT WHENEVER HE IS READY TO START DEVELOPING THE REST OF IT, THEN WE GO FROM THERE AND WORK OUT THE DEVELOPMENT PLAN AND THOSE TYPES OF ZONINGS AND WHAT HAVE YOU ACCORDINGLY. SO THAT WOULD COME BACK TO US THEN IN TERMS OF . YES, AND IT'S OUTSIDE THE SCOPE OF THIS PROJECT AT THE MOMENT. YEAH. OKAY. THANK YOU. YES SIR. BUT ALLOWING FOR THE PUD THEN, THAT ALLOWS FOR ANY KIND OF MIXED USE, RESIDENTIAL IN THAT AREA AS WELL LATER ON.

CORRECT. BECAUSE WE'VE AGREED TO A PUD IN THIS TRACT. NOT NOT NECESSARILY. SO WHEN YOU WHEN YOU HAVE A PUD, YOU YOU ASSUME A BASE ZONING DISTRICT, IN THIS CASE, IT'S RETAIL SERVICES. NOW, THIS PUD HAS NOT FURTHER MODIFIED IT TO ALLOW RESIDENTIAL USES. AND I WOULD EVEN GO AS FAR AS TO ARGUE THAT IT'S PROBABLY NOT APPROPRIATE TO HAVE, A RESIDENTIAL UNITS IN THIS CLOSE PROXIMITY ON THE SAME SITE, ON THE SAME LOT, IF YOU WILL, AS A AS A GAS STATION. OKAY YEAH. AND THANK YOU. YOU BROUGHT UP A LOT OF WHAT MY QUESTIONS WERE, BECAUSE I WAS, FIRST OF ALL, I WAS SLIGHTLY CONFUSED AS TO THE ORIGINAL VERSUS THE OTHER, NOW, NOW I CAN SEE IT. I KIND OF WISH WE HAD THEM. THIS IS THE OLD. THIS IS THE NEW ONE. THE SAME SLIDE ALMOST. UNDERSTOOD, BUT

[00:15:04]

THAT'S. THAT'S FINE, AND I VERY MUCH APPRECIATE YOU WANTING TO PRESERVE THE TREE. SO THANK YOU FOR THAT. LET'S SEE ANY OTHER. I THINK THAT WAS ALL OF MY QUESTIONS, JUST AS I SAID, AS MR. EAGLE HAD ALREADY. YOU KNOW, BROACHED MY QUESTIONS, SO I THINK I'M GOOD A COUPLE OF QUESTIONS, JUST FOR PART OF IT'S JUST TECHNICAL. SO APPROVING A PUD, NOTHING HAS TO GO TO THE BOARD OF ADJUSTMENT. IT WILL. A PUD WILL TRUMP CREATE A VARIANCE JUST BY ITS CREATION? IS THAT CORRECT? YES NOTHING WILL GO TO, NOTHING WILL GO TO THE BOARD OF ADJUSTMENT, WITH THE CREATION OF THE SPUD, THE ALLOWANCE OF A GAS STATION ON SITE AND SIMULTANEOUSLY PRESERVING THE TREE, MEANS IT'LL GO THROUGH THIS THROUGH A THE SAME ZONING PROCESS AS YOU WOULD ANY OTHER ZONING DISTRICT. BUT THERE'S MORE FLEXIBILITY BUILT IN TO A PLANNED UNIT DEVELOPMENT. THAT'S THE WHOLE PURPOSE OF THEM. RIGHT. SO I'M JUST SURPRISED IN ONE RESPECT THAT A PUD SORT OF TRUMPS THE, YOU KNOW, THE ONE MILE RULE THAT A CITY WOULD CREATE. NOT THAT I HAVE A PROBLEM WITH IT. LIKE I SAID, BOTH OF THEM ARE ON THE OTHER SIDE OF THE FREEWAY. BUT, THAT WOULD BE ONE THOUGHT. THE ISN'T THIS A SMALL SITE FOR A PUD, THOUGH? ALL THINGS CONSIDERED, THE MINIMUM, PUD ACREAGE THAT WE REQUIRE IN OUR CODE IS THREE ACRES. THREE ACRES. OKAY THANK YOU. AND THANK YOU FOR WANTING TO SAVE THE TREE. MADAM CHAIR, DID YOU HAVE ANY QUESTIONS? NO QUESTIONS FROM ME. THANK YOU, THOUGH, FOR THE OPPORTUNITY. OKAY, THANKS, COMMISSIONER SERRANO, I JUST WANTED TO FOLLOW UP THEN. SO, MR. ATKINSON, EXCUSE MY IGNORANCE. BUT I'M TRYING TO SEE HOW THE SEQUENCE OF EVENTS WENT ORIGINALLY. SO THE SITE PLAN WAS APPROVED, BUT IT WASN'T REZONED AT THE TIME. SO THERE WAS ZONING IN PLACE IN 2013 FOR RETAIL SERVICES ON THAT POINT, EIGHT NINE ACRE TRACT. AND THEN IT WAS PLATTED AND THEN THE SITE PLAN WAS APPROVED. AND AT THAT POINT IT STOPPED BECAUSE THE WASTEWATER LINE FOR THE SOUTH SIDE WASN'T IN PLACE YET, EVEN THOUGH THE SITE HAD BEEN DESIGNED BECAUSE THERE WAS DELAYS ON THE CITY SIDE. I DON'T KNOW ALL THE DETAILS, I JUST KNOW THERE WAS. AND THEN IT WAS. IT TOOK A WHILE FOR IT TO GET BACK ON TRACK AND REBOOTED ON THAT PROJECT. SO IN THE MEANTIME, MR. MORETTI, A SITE PLAN WAS CAUGHT IN LIMBO AND WE LET IT CONTINUE TO BE VALID UNTIL WE STARTED HAVING DISCUSSIONS. AT THIS POINT WE HAD A PUD. SO THE AG PROPERTY WAS ADDITIONAL PROPERTY, NOT PART OF THE ORIGINAL. YES, SIR. OKAY. THAT THAT THAT EXPLAINS IT FOR ME. THANK YOU, I'M GOING TO I WENT OUT AND DID A DRIVE BY ON THE SITE THERE. THERE'S A NUMBER OF LARGE TREES THERE. THERE IS THE ONE VERY LARGE TREE, BUT THERE'S A NUMBER OF OTHER TREES AND THERE'S ONE. AND I THINK YOU CAN ACTUALLY SEE IT ON THIS IMAGE TO THE RIGHT THERE, THERE'S ANOTHER LARGE TREE. I WOULD, I WOULD ASK, THE PROPERTY OWNER, RESPECTFULLY, IF THAT WHOLE SECTION COULD BE PRESERVED AND MADE INTO SOME KIND OF PARK LIKE STRUCTURE, IF IT'S IF YOU DON'T HAVE ANOTHER USE FOR IT, THAT WOULD BE A VERY NICE THING. AND MAYBE PICNIC TABLES OR SOMETHING THERE BESIDE THE GAS STATION. IT WOULD BE A LITTLE NOISY BECAUSE WE'RE ON THE I 35 FEEDER, BUT MAYBE SOMETHING TO CONSIDER ON YOUR SITE PLAN. SO I'M GOING TO ASK FOR A LITTLE BIT MORE THAN JUST THE JUST THE ONE LARGE TREE. AND I DO APPRECIATE YOU BEING ABLE TO PRESERVE THAT AREA. IT'S ACTUALLY IT'S ACTUALLY QUITE NICE THERE. THE IMAGE SHOWS IT'S OVERGROWN, BUT IF IT WASN'T OVERGROWN IT WOULD BE. IT WOULD BE KIND OF IDEAL PARKLAND. AND A BIG SHADE TREE. LET'S SEE. THE RESTRICTION ON GAS STATIONS, I DON'T KNOW, THE INTENT OF THAT RULE. AND, WELL, YOU PROBABLY KNOW THE HISTORY BEHIND THAT. NOW, OUR SPECULATION HERE IS THAT BECAUSE IT'S WE'VE GOT GOOD SEPARATION ON THE NORTHBOUND SIDE ON I 35, IT'S PROBABLY OKAY, BUT I DON'T KNOW, THE ORIGINAL INTENT OF THAT. I MEAN, MAYBE THE INTENT WAS YOU WOULDN'T HAVE GAS STATIONS OPPOSING EACH OTHER ON THE SAME, SAME ROAD. AND CERTAINLY IN THAT INTENT WE WOULD FULFILL THAT IS THAT IS THAT WHAT WHAT THE INTENT OF THAT, RULE WAS? SO WHEN WE CREATED AND DRAFTED THAT ORDINANCE, THE INTENT WAS IT WAS WORDED SPECIFICALLY. SO TO ESSENTIALLY BE AS THE CROW FLIES, IT DOESN'T SAY AS THE CROW FLIES IN THE CODE, BUT IT'S A IT'S A IT ACTUALLY SAYS A HALF MILE RADIUS BUFFER FROM PROPERTY LINE. AND SO THAT DRAWS A HALF MILE AREA AROUND IT. AND IF ANY OTHER EXISTING PROJECTS INTERSECT WITH THAT AND OVERLAP AT ALL, THAT MEANS THE PROJECT

[00:20:04]

CAN'T HAPPEN THERE, AND SO. AT THAT TIME, COUNCIL WANTED TO LIMIT NEW ADDITIONAL GAS STATIONS. AND SO WE BROUGHT FORTH A COUPLE OPTIONS TO THEM. WE BROUGHT FORTH THE, THE DISTANCE, THE GEOGRAPHICAL DISTANCE ASPECT. AND MAYBE IN THE OTHER OPTION WAS TO TWEAK OUR OUR CODE REQUIREMENTS AT A SITE DEVELOPMENT STANDPOINT TO WHERE IT WOULD BE MORE PALATABLE TO SEE A GAS STATION THAT LOOKS NICER. AND SO AND THEY CHOSE THE LATTER AS PER THE PURVIEW. AND THAT'S THE WAY THE CODE IS WRITTEN. SO WHETHER IT'S ON THE OTHER SIDE OF 35 OR NOT, BECAUSE THAT'S A LIMITED ACCESS HIGHWAY. BUT THE CODE IS WHAT THE CODE IS. YEAH. SO WE ARE RUNNING AFOUL OF THE CODE. BUT, AND ALSO, YOU KNOW, SECOND GUESSING THE WILL OF COUNCIL HERE, I KNOW WE HAVE OUR OWN OPINIONS TO MY OPINION, AND THAT'S WHAT WE HAVE HERE, I THINK, IS THAT THIS IS ACCEPTABLE AND ACCEPTABLE, WAIVER OF THAT PARTICULAR ORDINANCE. AND SO I'M OKAY WITH IT, SO ANY OTHER QUESTIONS, MR. VICE CHAIR? I'D LIKE TO MAKE A MOTION TO APPROVE. SECOND. OKAY.

WE HAVE A MOTION FROM COMMISSIONER SHALE AND SECONDED BY COMMISSIONER STIEGEL TO APPROVE THE PUD AS PRESENTED, ANY COMMENTS BEFORE WE VOTE? OKAY. ALL IN FAVOR, SAY I. I ALL AGAINST SAY NAY, NO NAYS, MOTIONS APPROVED. THANK YOU, THANK YOU, NEXT ITEM ON THE

[3) Consider approval of a request to rezone approximately 0.762 acres of land from ‘A’ (Agriculture) to ‘RS’ (Retail Services) for property located at 1105 E FM 150. (Z-24-0125) Public Hearing ]

AGENDA, CONSIDER APPROVAL OF A REQUEST TO REZONE APPROXIMATELY 7.62 ACRES OF LAND FROM AG TO, RS. RETAIL SERVICES FOR PROPERTY LOCATED AT 1105 EAST FM 150. AND OUR PRESENTER HERE IS, KAYLA SHARP. MR. ALL RIGHT. KAYLA SHARP, SENIOR PLANNER FOR THE RECORD. SO WE HAVE ANOTHER ZONING CASE FOR YOU TONIGHT, THIS ONE IS JUST STRAIGHT ZONING. THIS ONE IS NOT A PUD, THIS IS FOR A SITE OFF OF EAST FM 150, THEY ARE CURRENTLY ZONED AGRICULTURE, AND THEY ARE REQUESTING A REZONING TO RETAIL SERVICES. IT'S JUST A LITTLE BIT OVER THREE FOURTHS OF AN ACRE SITE. THE SURROUNDING PROPERTIES, YOU HAVE SOME RETAIL SERVICES ZONING ALREADY UP AGAINST, 150. AND THEN THE MANUFACTURED HOME PARK DISTRICT M THREE, WHICH IS THE SUNSET RIDGE NEIGHBORHOOD, AND THEN THERE IS AN ADJACENT PROPERTY THAT IS STILL ZONED AGRICULTURE AND THEN THE OTHER ONE UP FRONTING FM 150 IS ZONED COMMUNITY COMMERCIAL. SO AND JUST WANT TO MAKE SURE I POINT OUT THAT, WHENEVER THEY DO GO FOR A SITE DEVELOPMENT PERMIT, ASSUMING, THE ZONING IS APPROVED, THEY WOULD HAVE TO HAVE, APPROPRIATE SCREENING ADJACENT TO ANY RESIDENTIAL PROPERTIES. SO HERE IS OUR FUTURE LAND USE MAP. PER THE.

IT'S NOT NEWLY ADOPTED ANYMORE PER SE, BUT, PER OUR NEW COMPREHENSIVE PLAN, IT IS IN A REGIONAL COMMERCIAL LAND USE DISTRICT. SO THIS ZONING IS APPROPRIATE BASED ON THAT, HERE ARE THOSE, TYPOLOGIES THAT ARE ALLOWED PER THE FUTURE LAND USE, IF YOU REMEMBER, FROM THE NEW COMPREHENSIVE PLAN, USES ARE KIND OF BASED MORE ON TYPOLOGY RATHER THAN SPECIFIC ZONING DISTRICTS. SO BASED ON THIS AND THE I BELIEVE I GO, OKAY, SO FOR THE, INTENDED USE, WE DO KNOW THE INTENDED USE IN THIS CASE, THE OWNER INTENDS TO USE THE PROPERTY FOR ESSENTIALLY OFFICE AND STORAGE SPACE FOR A MOBILE MECHANIC BUSINESS, WHICH IS PERMITTED IN THE RS ZONING DISTRICT, JUST WANT TO MAKE SURE YOU KEEP IN MIND THAT ANY USES ALLOWED IN THE RS ZONING DISTRICT, ACCORDING TO SECTION 53 DASH 1230 WOULD ALSO TECHNICALLY BE PERMITTED. THIS IS A BIT OF A SMALLER SITE, SO THEY'D PROBABLY BE A LITTLE BIT LIMITED ON WHAT WHICH OF THOSE USES WOULD ACTUALLY BE ABLE TO PHYSICALLY BE, BUILT ON THAT SITE. BUT THAT'S SOMETHING TO KEEP IN MIND WHEN WE'RE CONSIDERING, JUST A REGULAR ZONING. THEY'RE NOT ASKING FOR ANY SPECIAL VARIANCES OR ALLOWABLE USES OR ANYTHING LIKE THAT. IN THIS CASE, STAFF HAS FOUND THAT THIS REQUEST IS APPROPRIATE BASED ON THE FUTURE LAND USE MAP, AND WE ARE RECOMMENDING THAT THE PLANNING AND ZONING COMMISSION VOTE TO RECOMMEND APPROVAL, AND THEN IF WE WANT TO GO AHEAD AND OPEN UP THE PUBLIC HEARING. THANK YOU. KAYLA. ANY COMMENTS FOR STAFF OR

[00:25:08]

QUESTIONS FOR STAFF? OPEN PUBLIC HEARING. AND WE OPEN A PUBLIC HEARING FOR THIS AS WELL. OKAY.

SO THIS TIME WE'LL OPEN PUBLIC HEARING FOR THE PROPERTY LOCATED AT 1105 EAST FM 150, HAVING NO CITIZEN COMMENTS AT THIS TIME, I'LL CLOSE THE PUBLIC HEARING PORTION OF OUR DISCUSSION.

QUESTIONS FOR STAFF. SO THEY WANT TO USE THIS FOR MORE OF A STORAGE AND KIND OF OFFICE SPACE, CORRECT? CORRECT SO. WHY WOULD THEY NOT WANT TO USE CC AS THE, THE USE SPECIFICALLY IS NOT, ALLOWED IN THE COMMUNITY COMMERCIAL. AND I THINK THERE WERE ALSO SOME ISSUES WITH THE SITE BEING TOO LARGE FOR THE COMMUNITY. COMMERCIAL ZONING DISTRICT, IF I REMEMBER CORRECTLY. OKAY. BUT JUST TO KEEP IN MIND, TECHNICALLY IT COULD BE ANY USE IN THE RETAIL SERVICES. YEAH. AND THAT'S THAT'S KIND OF WHERE MY CONCERN IS, YOU KNOW, FOR TEN, 15 YEARS DOWN THE ROAD IF HE, YOU KNOW, SELLS IT. BUT THEN AGAIN, I KNOW IT IS LIMITED ON RETAIL BECAUSE IT IS BEHIND ANOTHER, YOU KNOW, BUSINESS. THAT'S THE BEST WAY OF SAYING IT, YOU KNOW, A BUSINESS.

SO OKAY. OKAY. THANK YOU. I WOULD LIKE TO UNLOCK THE MYSTERY OF HOW THESE PROPERTIES GET SUBDIVIDED, IN THAT WE HAVE TWO THAT ARE ALMOST ADJACENT, THAT HAVE THESE VERY NARROW CORRIDORS OUT TO 150. IT'S JUST IS AMAZING TO ME. BUT I'M GLAD THAT YOU OFFERED SOME REASSURANCE THAT THIS BACKS UP TO THE MANUFACTURED HOME, DEVELOPMENT. AND SO ONE OF MY CONCERNS IN TERMS OF SCREENING, SOME OF THE THINGS YOU MENTIONED IN THE DOCUMENTS IS THAT, IN FACT, THOSE THINGS BE VERY CAREFULLY CONSIDERED, BECAUSE ONE OF THE THINGS THAT CAN HAPPEN, ANY RESIDENTIAL AREA NEEDS TO BE PROTECTED. YOU KNOW, AS YOU MIGHT IMAGINE, BUT PARTICULARLY WHEN YOU LOOK AT MANUFACTURED HOUSING, THERE ARE A LOT OF DIFFERENT ATTITUDES AND BELIEFS AND THOUGHTS, OPINIONS ABOUT MANUFACTURED HOUSING AND HOW OFTEN PEOPLE IN THAT HOUSING ARE DISADVANTAGED BY, VARIOUS NUISANCES AND DIFFERENT KINDS OF BUSINESSES AND INDUSTRIES THAT ARE DISRUPTIVE TO THEIR LIVES. SO WHEN IT COMES BACK, I CERTAINLY WOULD LIKE TO SEE THAT WE'RE QUITE ASSURED THAT THE PEOPLE IN THAT DEVELOPMENT ARE TAKEN CARE OF. YES. SO THIS ONE IS ALSO IN THE FM 150 OVERLAY DISTRICT, WHICH DOESN'T HAVE MATERIAL STANDARDS LIKE OUR I 35 OVERLAY DOES. BUT YOU STILL HAVE TO HAVE A CONDITIONAL USE PROCESS AND THINGS LIKE THAT FOR ANY BUILDINGS CONSTRUCTED ON THE SITE. SO IT WILL EVENTUALLY COME BACK BEFORE YOU, AND YOU WOULD KIND OF SEE SOME OF THOSE SCREENINGS AND THINGS LIKE THAT THAT WOULD BE IMPLEMENTED. THANK YOU. MADAM CHAIR, ANY QUESTIONS FOR STAFF? NO THANK YOU. I'M GOOD. OKAY. SO, I DID GO OUT AND HAVE A LOOK AT THE SITE THERE IS SCREENING IN PLACE NOW AND IT'S, IT SEEMS TO BE ADEQUATE ON THE NORTH SIDE OF THAT PROPERTY. IT ACTUALLY SLOPES DOWN QUITE A BIT, SO YOU CAN'T EVEN SEE THAT PROPERTY. HOWEVER THE, IT SOUNDS LIKE THE BUSINESS IS GOING TO BE A MOBILE MECHANICS THINK. TO ME THAT SOUNDS LIKE 24 OVER SEVEN, YOU KNOW, TRUCKS GOING OUT IN THE MIDDLE OF THE NIGHT TO HELP PEOPLE WHO ARE BROKEN DOWN IN THAT. SO I'M A LITTLE BIT CONCERNED ABOUT THE NOISE FACTOR FOR RESIDENTS, HAVING SAID THAT, I THINK IF IT'S JUST STANDARD PICKUP TRUCKS AND THAT I THINK IT'LL PROBABLY BE ACCEPTABLE, ESPECIALLY WITH THE BARRIERS AND I'M OKAY WITH THAT. SO THAT'S MY VIEW ON THAT, OKAY. ANY OTHER QUESTIONS FOR STAFF? IF NOT, CAN I HAVE A CAN I HAVE A MOTION MAKE A MOTION TO APPROVE THIS ITEM ON THE AGENDA? OKAY, I'LL HAVE A MOTION FROM A COMMISSIONER STIEGEL SECONDED BY COMMISSIONER SERRANO TO APPROVE THIS ITEM, ALL IN FAVOR, SAY I, I ALL AGAINST MOTION CARRIES. NEXT ITEM ON THE AGENDA ITEM FOUR. CONSIDER APPROVAL OF A

[4) Consider approval of a Conditional Use Permit for a restaurant building located at 19149 IH-35. (Lupe Tortilla - Conditional Use Permit - CUP-24-0104)]

CONDITIONAL USE PERMIT FOR A RESTAURANT BUILDING LOCATED AT 19 149 E 35 LUPE TORTILLA, A CONDITIONAL USE PERMIT. TOP DASH 240104. AND, KAYLA, YOU'RE UP FOR THIS ONE, TOO. ALL RIGHT.

KAYLA SHARP, SENIOR PLANNER FOR THE RECORD, YEAH. SO IF IT WILL LOAD, MAYBE, ONE SECOND, GIVE IT

[00:30:13]

A SECOND. OR NOT? MAYBE. TREY. DIDN'T LIKE THE. THERE WE GO. OKAY, SO YES, THIS IS A CONDITIONAL USE PERMIT FOR, COMPLIANCE WITH THE I 35 OVERLAY, THIS IS IN THE AMBERWOOD RANCH DEVELOPMENT THAT YOU'VE SEEN A COUPLE OTHER CONDITIONAL USE PERMITS FOR ALREADY. THIS ONE, THE MATERIALS CONSIST PRIMARILY OF STONE VENEER, BRICK. SPLIT FACE, CMU CLAY TILES, STUCCO. THEY HAVE SEVERAL DIFFERENT MATERIALS, AND APPROPRIATE ARCHITECTURAL FEATURES ACCENT THE BUILDING. SO I KNOW THIS IS KIND OF A LOT ALL ON ONE, RENDERING. SO I DO HAVE SOME IMAGES OF SOME SIMILAR, BUILDINGS THAT, THAT THEY'VE ALREADY CONSTRUCTED THAT KIND OF GIVE YOU A BETTER IDEA OF WHAT IT WILL LOOK LIKE. BUT IT IS COMPLIANT WITH THE I 35 OVERLAY, WHICH IS THE MOST IMPORTANT PART, SO HERE IS THE OTHER SIDE. AND THEN HERE'S KIND OF SOME OF THOSE PICTURES THAT I WAS TALKING ABOUT. THESE MAY NOT BE EXACT, BUT THEY KIND OF GIVE YOU A GOOD IDEA OF WHAT ALL OF THOSE MATERIALS WILL LOOK LIKE IN PERSON. SO AND THEN HERE IS THAT SITE PLAN. AND THE LANDSCAPE PLAN AND YEAH, THIS ONE IS COMPLIANT WITH THE I 35 OVERLAY.

AND STAFF IS RECOMMENDING APPROVAL. ANY QUESTIONS. IS THIS IN THE SAME, SHOPPING CENTER AS, TEXAS ROADHOUSE? IT IS. OKAY THAT WAS MY OKAY. WHILE I DON'T KNOW IF WE NEED ANOTHER, YOU KNOW, RESTAURANT OF THIS TYPE OF FOOD, I'LL JUST SAY, I MEAN, IT'S STILL IT FALLS WITHIN EVERYTHING, SO I'M. I'M GOOD WITH IT. I MAKE A MOTION TO APPROVE. I'LL SECOND. OKAY, SO WE HAVE A MOTION FROM, COMMISSIONER STEAGALL TO APPROVE, SECONDED BY COMMISSIONER STEEL, DISCUSSION ON THE MOTION, I'LL SAY THAT WE DO NEED THIS RESTAURANT. I LOVE LUPE, I'M GOING TO BE THERE OPENING DAY. THAT'S PROBABLY NOT THE RIGHT THING TO SAY. AS CHAIR OF PLANNING AND ZONING OR CHAIR IN THE MEETING. BUT ANYWAY, THAT'S MY POSITION ON IT. ANY OTHER COMMENTS? I'M EXCITED TO. GOOD. ALL RIGHT. LET'S MOVE TO A VOTE. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE ALL AGAINST. SAY NAY. MOTION CARRIES. ALL RIGHT. THANK YOU.

[5) Staff Report.]

NEXT ITEM. REPORTS AND PRESENTATIONS, STAFF REPORT, PRESENTER IS MR. ATKINSON. WILL ATKINSON, FOR THE RECORD, LET ME, SHARE THIS REAL QUICK. ALL RIGHT. SO AS, LIKE ALWAYS AT THE END OF THE MEETING, WE HAVE A STAFF REPORT. ALL RIGHT, SO AT THE LAST MEETING, Y'ALL CONSIDER THE GREAT HILL SECTION EIGHT FINAL PLAT. IT WAS A RECOMMENDED FOR APPROVAL ON THE 528 MEETING.

BUT THE MOTION FAILED 2 TO 3. SO AFTER THE MEETING, AS WE NEEDED TO DO ANYWAY, STAFF FOLLOWED UP WITH LEGAL, AMY AND FOUND OUT THAT WE SHOULDN'T HAVE BROUGHT THIS ITEM TO Y'ALL IN THE FIRST PLACE. SO, AS THE PRELIMINARY PLAN WAS APPROVED PRIOR TO THE SUBDIVISION BEING INSIDE THE CITY'S EDGE. SO AND THIS IS CONSISTENT WITH, SECTION 40 1-1 56 185, WHICH WE RARELY USE. I THINK THIS IS THE FIRST TIME WE'VE HAD TO UTILIZE THAT SECTION. SO IT'S NOT A COMMONLY USED PORTION OF THE CODE, BUT IT DOES COMPLY WITH THAT SECTION. SO I WANTED TO GIVE YOU ALL A HEADS UP. SO WE, WITH THAT, WE HAD TO ADMINISTRATIVELY APPROVE IT, AND WE GOT THE SIGNATURES AND IT'S GOING TO BE RECORDED JUST GIVING YOU ALL A HEADS UP, OTHER PLANNING UPDATES, THIS ASPECT, ACTUALLY, I PROBABLY AM GOING TO NEED TO HAVE, KAYLA TALK ABOUT. YES. SO, NOT SURE

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