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[00:00:02]

[I) Call Meeting to Order and Roll Call]

GOOD EVENING.

TODAY IS TUESDAY, JULY 23RD, AND THE TIME IS 6:30 PM AND I WOULD LIKE TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER.

UH, CAN WE HAVE A ROLL CALL PLEASE? DELORE HERE.

MATA STEGEL? HERE.

KIN HERE.

SHIELD HERE.

JAMES SERATO HERE.

OKAY, THANK YOU.

WE DO HAVE A QUORUM.

ITEM NUMBER TWO,

[II) Approval of Minutes]

APPROVAL OF MINUTES.

ITEM 2.1.

CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION.

JUNE 25TH, 2024.

MEETING MINUTES.

UM, WE WOULD NEED A MOTION AND A SECOND TO APPROVE THOSE.

I MAKE A MOTION TO APPROVE THE MINUTES.

OKAY, I'LL SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE FROM COMMISSIONER SERATO AND SECONDED BY COMMISSIONER SHIELD.

UM, ALL THOSE IN FAVOR PLEASE SAY AYE.

AYE.

AYE.

ALL OPPOSED A NAY.

GREAT.

MOTION PASSES.

ITEM NUMBER THREE, CITIZEN COMMENT PERIOD.

UH, WITH THE PLANNING AND ZONING COMMISSION 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 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.

WE DO HAVE ONE FORM THAT'S ALREADY BEEN SUBMITTED FOR, UH, MS. KELLY AGNER.

I'M JUST HERE FOR .

OKAY, PERFECT.

I'LL HANG ON TO THAT THEN FOR LATER.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK DURING PUBLIC COMMENTS? OKAY, I'LL GO AHEAD AND CLOSE THOSE THEN.

OKAY.

THE FASTEST PART OF THE MEETING IS NOW DONE.

ITEM NUMBER FOUR,

[2) Consider approval of a request to rezone approximately 1.5 acres of land from ‘A’ (Agriculture) to ‘RS’ (Retail Services ) for property located at 1417 Bunton Creek Road. (Z-23-0124) Public Hearing ]

UM, CONSIDER IMPOSSIBLE ACTION 4.2.

CONSIDER IMPO, CONSIDER APPROVAL OF A REQUEST TO REZONE APPROXIMATELY 1.5 ACRES OF LAND FROM A AGRICULTURE TO RS RETAIL SERVICES FOR PROPERTY LOCATED AT 1 4 1 7 BUNTON CREEK ROAD Z DASH 23 DASH ZERO ONE.

THERE IS A PUBLIC HEARING ON THIS ITEM, SO I'LL OPEN THAT NOW.

OKAY.

SEEING NONE, I WILL CLOSE THE PUBLIC HEARING.

I FORGOT TO SAY WHAT TIME THE PUBLIC HEARING STARTED.

IT STARTED AT 6 32 AND IT ENDED AT 6 32.

OKAY.

UH, MR. LUTZ, UH, THANK YOU, CHAIRMAN, COMMISSIONERS.

GOOD EVENING.

UH, SO TONIGHT BEFORE YOU, WE HAVE A REZONING REQUEST.

IT'S APPROXIMATELY 1.5 ACRES OF LAND.

UM, THE REQUEST WAS FROM AGRICULTURAL TO RS, WHICH IS RETAIL SERVICES.

OUR MOST INTENSE, UH, ZONING DISTRICT PROPERLY IS LOCATED AT 1417 BUNTON CREEK ROAD.

UM, AND SO I JUST KIND OF WANTED TO DISCUSS WITH YOU TONIGHT, UM, WE'VE HAD SOME CHANGES, UM, FROM THE TIME THAT THIS PACKET WAS DISPERSED TO YOU GUYS.

UH, SOME CONVERSATIONS, UH, AND SOME DISCUSSIONS BOTH INTERNALLY AND WITH THE APPLICANT.

SO, UH, THE PRESENTATION I'M GONNA GIVE YOU TONIGHT IS SLIGHTLY DIFFERENT THAN WHAT YOU RECEIVED, UM, BUT VERY SIMILAR.

AND THEN I WILL TOUCH ON, ON SOME OF THE REASONS WHY THAT WAS DONE.

SO, UH, BEAR WITH ME.

I KNOW YOU'RE, YOU'RE GONNA BE SEEING SOME OF THIS FOR THE FIRST TIME.

SO, UH, THE ORIGINAL REQUEST AND STAFF RECOMMENDATIONS ARE BEING MODIFIED TONIGHT FROM YOUR ORIGINAL DISCUSSION.

AGAIN, THAT WAS BASED ON OUR CONVERSATIONS WITH CITY STAFF AND THE APPLICANT.

UH, THE ORIGINAL REQUESTED RS ZONING DISTRICT, UM, WAS WHAT WE ORIGINALLY ARE RECOMMENDING APPROVAL OF.

UM, HOWEVER, STAFF IS LOOKING TO RECOMMEND A, UH, CHANGE TO COMMUNITY COMMERCIAL INSTEAD OF RETAIL SERVICES.

THAT IS ONE DOWN FROM THE RS.

UH, THIS RECOMMENDATION, AGAIN, HAS BEEN DISCUSSED WITH THE APPLICANT.

THEY ARE AGREEABLE TO STAFF'S RECOMMENDATION.

UH, AND THEN AS I GO THROUGH THIS PRESENTATION, I'LL KIND OF, UH, LET YOU KNOW HOW WE GOT TO THAT, UH, CHANGE IN RECOMMENDATIONS.

UH, SO LOCATION MAP AGAIN, IT OPEN UP, SORRY, THE WHOLE, OH, I'M SORRY.

I FORGOT TO, AH, NOW, NOW EVERYBODY CAN SEE BETTER .

THANK YOU.

UM, SO THIS IS SUBJECT LOCATIONS ON THE NORTH SIDE OF BUNTON CREEK, UH, ON THE PROPERTY.

AND THEN, UM, IT'S CURRENTLY ZONED AG AGAIN, THE ORIGINAL REQUEST WAS FOR RETAIL SERVICES.

UM, PROPERTY IS CURRENTLY DEVELOPED WITH A SINGLE FAMILY RESIDENTIAL STRUCTURE.

UH, SOME OF THE ADJACENT ZONING IS AGRICULTURE AND RETAIL SERVICES TO THE EAST AND WEST OF THIS PROPERTY.

UM, WE'VE GOT SOME UN ZONE PROPERTY TO THE NORTH.

UH, THEY ARE PROP, UH, PART OF A NON ANNEXATION AGREEMENT, SO IF THEY CHOOSE TO DEVELOP, THEY WILL WILL COME INTO THE CITY.

AND THEN SINGLE FAMILY RESIDENTIAL R ONE TO THE SOUTH.

UM, THERE'S

[00:05:01]

SOME INDUSTRIAL AND COMMERCIAL FURTHER WEST AS YOU CLOSER TO I 35.

UH, THE ADJACENT LAND USES ARE SINGLE FAMILY RESIDENTIAL, UM, TO THE WEST, SINGLE FAMILY RESIDENTIAL TO THE EAST.

THAT'S THE ACT APPLICANT'S ACTUAL HOME.

UM, BUT THAT IS NOT PART OF THE REZONING REQUEST TONIGHT.

UM, I BELIEVE THE OWNER'S INTENDED USE AS PART OF THE APPLICATION WAS FOR A MOBILE FOOD CUT, UH, COURT.

UM, BUT THEY'RE ACTUALLY LOOKING FOR ANY TYPE OF COMMERCIAL ACTIVITY.

THEY WEREN'T WANTING TO LIMIT THEMSELVES JUST TO MOBILE FOOD COURTS.

THAT WAS JUST KIND OF THEIR, THEIR FIRST THOUGHT.

UM, WHILE FOOD COURTS ARE PERMITTED IN THE RS ZONING DISTRICT, UH, AGAIN, ANY USE ALLOWED IN RETAIL SERVICES WOULD BE PERMITTED ON THAT PROPERTY SHOULD IT CHANGE HANDS.

UM, SO HERE'S WHAT I WAS TALKING ABOUT.

UM, YOU CAN SEE MULTIPLE USES.

UM, THE PROPERTY IS KIND OF BOOKEND BY AGRICULTURE AND RETAIL SERVICES ON EITHER END.

UH, THE SUBJECT AREA IS IN RED IN THE MIDDLE.

UM, THEN THERE IS SOME WAREHOUSE AGAIN CLOSER TO THE WEST.

UH, AS YOU MOVE TOWARDS I 35.

A CITY'S COMPREHENSIVE PLAN, UH, CALLS THIS AREA OUT, UH, FOR THE FUTURE LAND USE AS TRADITIONAL NEIGHBORHOOD.

UM, THAT'S DESCRIBED AS A NEIGHBORHOOD THAT RECREATES A PRE SUBURBAN DEVELOPMENT PATTERN.

SMALLER, LOTS, SMALLER SETBACKS.

UM, THIS FEATURE LAND USE CATEGORY THOUGH DOES ALLOW MULTIPLE BUILDING TYPOLOGIES.

UM, AND AGAIN, THIS IS KIND OF A NEW THING IN OUR, OUR COMP PLAN THAT YOU PROBABLY NOT USED TO FROM THE OLD ONE.

SO, RESIDENTIAL TYPOLOGIES ALLOWS PRETTY MUCH EVERYTHING EXCEPT MULTIFAMILY.

IT ALLOWS SINGLE FAMILY ADUS, COTTAGE COURTS, TOWNHOUSES, SMALL PLEX, UM, MIXED USE TYPOLOGIES THAT'S ALLOWED IS LIVE WORK AND FEW OVER.

SO THAT WOULD BE COMMERCIAL DOWNSTAIRS.

UH, LIVE WORK ABOVE OR OR SMALL SCALE, UM, APARTMENTS ABOVE THE COMMERCIAL.

UH, NOW WHEN IT GETS INTO NON-RESIDENTIAL TYPOLOGIES OR A COMMERCIAL TYPOLOGIES, THE NEIGHBORHOOD SCALE ARE DEFINED AS LIGHT TO MEDIUM INTENSITY.

UH, COMMERCIAL USES THAT ARE LOCATED WITHIN AND AROUND NEIGHBORHOODS TO SERVE THE SURROUNDING COMMUNITIES, EASILY ACCESSIBLE BY FOOT OR CARS.

SO THIS IS, UH, KIND OF WHAT WE'RE LOOKING AT IN THIS SCENARIO IS SURROUNDED BY A LOT OF SINGLE FAMILY RESIDENTIAL.

UM, SO YOU CAN SEE THE FUTURE LAND USE MAP.

THIS WHOLE ENTIRE AREA IS NEIGHBORHOOD COMMERCIAL.

THERE'S NO ANYTHING NEAR IT.

UM, IT'LL TRANSITION TO REGIONAL COMMERCIAL UP ALONG I 35, UH, TO THE WEST.

UM, THERE ARE SOME TRANSPORTATION, UH, ISSUES I'D LIKE TO MAKE YOU AWARE IN THE AREA.

UM, WE'VE GOT A BUNTON CREEK ROAD EXPANSION.

UM, THEY'RE LOOKING FOR WIDENING REALIGNMENT IN THIS AREA.

THIS WILL BE A MAJOR ARTERIAL.

AND THEN AS PART OF THE IMPROVEMENTS, A ROUNDABOUT WILL BE CONSTRUCTED AT THAT INTERSECTION OF LEHMAN ROAD AND BUNTON CREEK ROAD, UM, BECAUSE IT ALSO WILL TIE INTO KYLE PARKWAY AND LEHMAN ROAD EXTENSIONS.

SO LEHMAN ROAD'S GONNA BE EXTENDED, UM, AND CONNECT TO DCY LANE, KYLE PARKWAY ALSO BE EXTENDED.

KIND OF CONNECT INTO THAT AREA.

LAYMAN ROAD.

SO YOU CAN SEE HERE ON THE IMAGE, UM, THE GREEN LINES ARE THE NEW PROPOSED, UH, PROJECT LIMITS.

UM, THESE PLANS ARE MORE THAN 30% IN DESIGN.

UH, SOME ARE FURTHER ALONG THAN THAT.

THEY WERE NOT AVAILABLE AT THE TIME.

UH, THE ORIGINAL LAND USE, UH, MAP WAS DONE.

UH, BUT WE DO WANT TO TAKE INTO ACCOUNT THEIR, THEIR, UH, PROXIMITY TO THIS SITE.

UM, SO AGAIN, WE'RE BOUNDED ON EITHER SIDE BY ZONING, BOOK ENDED BY EXISTING RS.

UM, GIVEN THE EXISTING ZONING AND NEW ROAD CLASSIFICATIONS, COMMERCIAL ZONING IS APPROPRIATE IN THE AREA.

UM, HOWEVER, WITHOUT AMENDING OR UPDATING A A NEWLY ADOPTED COMP PLAN, IT MAY NOT BE PRUDENT TO REZONE THIS TRACK TO OUR MOST INTENSE ZONING DISTRICT AS THOSE TWO DO NOT MATCH.

UH, IT'S NOT WHAT IT'S CALLED FOR ON THE, ON THE RS.

SO AFTER DISCUSSING THIS ISSUE WITH THE APPLICANT, UH, CITY ATTORNEY HAS DETERMINED THAT A LESS INTENSE ZONING CATEGORY WOULD BE APPRO MORE APPROPRIATE FOR THE PROPERTY.

UM, AGAIN, BASED ON THE COMP PLAN, COMMUNITY COMMERCIAL WOULD FIT THE NEIGHBORHOOD.

TRADITIONAL NEIGHBORHOOD, UH, FUTURE LAND USE WOULD BE THE MOST APPROPRIATE ZONING CATEGORY.

UM, THE APPLICANT IS AGREEABLE TO THIS CLASSIFICATION.

UM, SO AS WE GO THROUGH YOUR OPTIONS, YOU HAVE THREE TONIGHT RECOMMEND APPROVAL, UM, TO RS, UH, RECOMMEND AN ALTERNATIVE OR LESS INTENSE ZONING SUCH AS COMMUNITY COMMERCIAL, UM, WHICH IS ALLOWED 'CAUSE WE'RE NOT INCREASING THAT USE ON THIS REQUEST, BUT WE'RE DOWN, DOWN ZONING.

AND THEN OPTION THREE OBVIOUSLY IS RECOMMEND DENIAL, UM, BASED ON OUR COMPREHENSIVE PLAN, UM, THE, UH, THE APPLICANT BEING ON BOARD WITH WHAT'S BEING PROPOSED.

STAFF DOES RECOMMEND OPTION TWO, UM, THAT WE APPROVE THE REZONING CHANGE TO COMMUNITY COMMERCIAL INSTEAD OF RETAIL SERVICES SO THAT WE ALLOW, UH, THE COMP PLAN TO, TO KIND OF DO WHAT IT'S SUPPOSED TO DO IN THIS, THIS INSTANCE.

SO I KNOW THAT WAS A LOT IN A FEW MINUTES.

UM, SO IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO ANSWER THOSE.

MADAM CHAIR, CAN I START? 'CAUSE I'M AT THE END.

FIRE AWAY.

OKAY.

[00:10:01]

UM, JASON, DO WE HAPPEN TO HAVE A, A LIST OF THE, UH, OF BUSINESSES THAT ARE ALLOWABLE IN COMMUNITY COMMERCIAL? UH, WE DO.

UH, LEMME GET OUT OF MY PRESENTATION.

UM, AND I'M GONNA STOP SHARING JUST FOR A SEC SECOND SO I CAN PULL THIS UP.

THANKS.

YOU CAN SCROLL UP OR DOWN.

UH, WHILE JASON'S DOING THAT, UH, I GUESS I CAN JUST DO SOME MUSINGS, UM, .

SO WE'RE GONNA HAVE A RESIDENTIAL PROPERTY BESIDE A COMMUNITY COMMERCIAL PROPERTY BE AND THE OWNER OWNS THAT PROPERTY, BOTH PROPERTIES? YES, SIR.

UH, IT'LL BE WEIRD IF THOSE, IF THAT PROPERTY CHANGES HANDS BECAUSE THEN YOU'LL HAVE A RESIDENTIAL, UH, PLACE BESIDE THE COMMUNITY COMMERCIAL.

SO, ALTHOUGH IT SEEMS NICE AND TIDY FOR THE OWNER, UH, RIGHT NOW, IF IT EVER CHANGED HANDS, NOW WE'VE GOT A CONDITION WHERE WE HAVE A, A RESIDENT WITH A, WITH A PRETTY LARGE LOT BESIDE A, A REASONABLY LARGE COMMERCIAL LOT.

AND THAT, THAT SEEMS A LITTLE BIT INCONGRUOUS AND IT ALL DEPENDS ON WHAT THAT BUSINESS IS.

BUT YES, SIR.

UM, YOU KNOW, WE ALWAYS HAVE TO LOOK AT WHAT THE KIND OF MAXIMUM LEVEL OF BUSINESS OR, UH, I HATE TO PUT IT THIS WAY, THE WORST BUSINESS THAT CAN GO IN COMMUNITY COMMERCIAL, UM, AND TRY TO EXPECT THAT.

SO WORST CASE SCENARIO, PROPERTY CHANGES HANDS, WE HAD A RESIDENCE, A RESIDENT WAS SOME PLACE, AND THEN A BUSINESS OWNER THAT'S SEPARATE AND SIDE BY SIDE LOTS AND THEY'RE NOT COMPATIBLE.

UM, SO THAT'S JUST A THOUGHT.

UM, AND IT'S A POSSIBILITY.

UM, SO I, I WILL, YOU KNOW, THERE'S A LOT OF POSSIBILITIES WHEN IT COMES TO ZONING.

I CAN'T TACKLE ALL OF THOSE.

YEAH.

UM, I CAN'T TELL YOU IN THIS INSTANCE, UH, IF THAT PROPERTY WAS TO CHANGE HANDS AT LEAST, THIS WOULD BE A PROPERTY WHERE THE NEW LANDOWNER WOULD KNOW EXACTLY WHAT THEY WERE GETTING INTO WHEN THEY WERE BUYING IT.

UM, IT WOULD BE UP TO ANY LANDOWNER TO DO THEIR DUE DILIGENCE ON PROPERTY, SEE WHAT THEIR ZONE NEXT TO, UM, WHAT'S AROUND THEM.

BUT AS FAR AS, UM, DISCUSSING THAT, THAT WORST USE CASE SCENARIO, UM, IF YOU CAN SEE ON THE SCREEN, UM, THESE ARE THE USES THAT ARE ALLOWED, OH, I'M SORRY, I'M THE NEIGHBORHOOD COMMERCIAL.

UM, UM, WHICH THESE USES ARE ALLOWED, UM, MULTIFAMILY ON THE SECOND FLOOR.

AGAIN, THAT'S THE FEW OVER THAT'S CONTEMPLATED IN OUR BUILDING TYPOLOGIES.

UM, WE'VE GOT BED AND BREAKFAST.

UM, WE'VE GOT RETAIL, RESTAURANT, RELIGIOUS ASSEMBLY, ART GALLERIES, CHILDCARE, FIRE, POLICE, PROFESSIONAL OFFICES, FUNERAL HOMES, BARBERSHOP, CONVENIENCE, GROCERY STORE, UM, FUEL STATION, OBVIOUSLY SUBJECT TO OUR, OUR OVERLAY ON, ON DISTANCE REQUIREMENTS, UH, NURSING, RETIREMENT HOMES, VETERINARIAN, UH, HEALTH AND FITNESS CENTER RESTAURANT WOULD DRIVE THROUGH.

AGAIN, THERE'S SOME SPECIAL CONDITIONS ON THAT.

UM, AND THEN FINANCIAL INSTITUTIONS.

SO WHAT YOU WON'T SEE ARE ANY VAPE SHOPS.

YOU WON'T SEE ANY, UH, AUTO REPAIR, TIRE REPAIR, ANY REAL HEAVY INTENSE USES.

THERE ARE NO BARS OR NIGHTCLUBS THAT ARE ALLOWED HERE.

UM, SO THAT'S WHY STAFF FEELS COMFORTABLE RECOMMENDING THE COMMUNITY COMMERCIAL, UM, IN THIS AREA.

'CAUSE AGAIN, WE'RE LOOKING AT THE COMP PLAN AND TRYING TO FIND WHAT FITS BEST WITH THAT TRADITIONAL NEIGHBORHOOD.

UM, LAST QUESTION FROM ME, JASON.

THE PROPERTY ON THE OTHER SIDE IS, IS THAT GONNA REMAIN AG? UH, YES.

THAT, THAT, THAT IS A SEPARATE LANDOWNER.

UM, IT WILL CREATE A LITTLE SLIVER.

UM, YOU KNOW, UH, IDEALLY YOU'D LIKE TO GET EVERYBODY IN ON THE SAME TIME, BUT WE CAN'T ALWAYS CONTROL THAT.

UM, UH, I THINK WE'RE PRETTY COMFORTABLE WITH, WITH GOING AS LONG AS WE CAN.

WE CAN SAY THAT, UH, RECOMMENDED ZONING IS, IS MATCHING OUR COMP PLAN.

UM, THEN, THEN WE ARE DOING WHAT, WHAT WE ARE SUPPOSED TO DO, AND WE ARE DOING WHAT THE COMP PLAN CALLS FOR.

AND, AND AGAIN, THAT WAS VERY RECENT, UM, AND VERY PUBLIC WITH A LOT OF COMMUNITY INPUT.

SO, UM, YOU KNOW, THERE'S ALWAYS GONNA BE SOME CONCERNS, BUT, BUT STAFF FEELS VERY COMFORTABLE WITH THIS RECOMMENDATION.

OKAY, THANK YOU.

YES.

UH, THE COMMUNITY COMMERCIAL DISTRICT IS MORE RESTRICTIVE THAN NEIGHBORHOOD.

UH, IT'S ACTUALLY A LESS RESTRICTIVE.

UM, THE NEIGHBORHOOD COMMERCIAL HAS CAPS ON SIZE LIMITS, UM, NO MORE THAN, UH, CERTAIN ACRES.

I THINK IT'S ONE AND A HALF OR SOMETHING LIKE THAT.

SO, UM, THE USES ARE VERY SIMILAR.

UM, BUT IT, IT'S MORE ABOUT THE DEVELOPMENT STANDARDS BETWEEN THOSE TWO, UM, THAT WE SEE THE BIG DIFFERENCES IN A SITUATION LIKE THIS ON THIS PARTICULAR ROAD.

WHAT DO YOU THINK WOULD BE MORE APPROPRIATE IF YOU OFFER AN OPINION AS A PROFESSIONAL? I THINK THAT'S WHY WE'RE RECOMMENDING THE COMMUNITY COMMERCIAL BETWEEN THE, THE ROAD UPGRADES, UH, THE NEW CONNECTION POINTS, THE ROUNDABOUT THAT'S GONNA CHANGE THE, THE FEEL OF THIS NEIGHBORHOOD.

[00:15:01]

UM, AGAIN, YOU DO HAVE SOME RESIDENTIAL ACROSS THE STREET NEXT DOOR.

UM, AND SO IT, AGAIN, WE ARE ALWAYS LOOKING FOR AIR WAYS TO GET PEOPLE TO KINDA SHOP IN THEIR OWN NEIGHBORHOODS AND GET THE THINGS THEY NEED IN THEIR OWN NEIGHBORHOODS, WHETHER IT'S CHILDCARE, WHETHER IT'S A, A, A SALON, WHETHER IT'S A WORKOUT PLACE, UM, YOU KNOW, BUT PERSONAL SERVICES ARE, ARE KIND OF A BIG DEAL.

SO, UM, I, I, WE'RE PRETTY STAFF IS VERY COMFORTABLE WITH THIS RECOMMENDATION ON COMMUNITY COMMERCIAL.

SO AS IT'S CONFIGURED NOW, THERE'S A, THE HOME THERE ON THAT PROPERTY IS ABOUT 60 FEET OFF THE STREET WITH AN AJO ADJACENT BUILDING THAT TOTALLY BLOCKS THE, THE LOT, YOU CAN'T SEE THE REAR VIEW AT ALL.

SO I, MY IMAGINATION FAILS ME AS TO HOW THERE COULD BE, WHETHER IT BE A MOBILE TRUCK OR ANY OTHER BUSINESS, UH, WITHOUT TEARING DOWN THE HOUSE.

APART FROM THAT, UH, WHICH WOULD BE NONE OF MY BUSINESS, UH, WHAT STRIKES ME VERY CLEARLY IS THAT WHETHER OR NOT THERE'S A ROUNDABOUT AND ROAD IMPROVEMENTS THAT IS NEAR THE ONE OF, NEAR ONE OF THE WORST INTERSECTIONS IN THE EAST SIDE OF KYLE P PERIOD, END OF STORY, NEW ROAD IMPROVEMENTS OR ANYTHING ELSE ROUNDABOUT, I THINK IT'S WELL UNDERSTOOD.

AND IF, UH, YOU HAVE TO GO DOWN THERE, UM, IT'S, IT'S A NIGHTMARE NOW, PARTICULARLY DURING BUSY HOURS OF THE DAY.

UM, YESTERDAY ON A SUNDAY, I WAS IN LINE OF 10 CARS AT THAT INTERSECTION, UM, WAITING OUT A STOPLIGHT.

SO ONE OF MY BIG CONCERNS IS ANY COMMERCIAL BUSINESS APPROPRIATE FOR THAT BLOCK, REALLY? UM, I CAN'T IMAGINE, YOU KNOW, THE, THE EMPTY LOT AT THE CORNER OF BUNTON CREEK.

AND, UH, LAYMAN IS, UH, GOT SIGNS ON IT THAT SAY CONVENIENCE STORE BECOMING, YOU KNOW, MAJOR GAS BRAND.

I, I FROM NOT WHAT I UNDERSTAND THAT'S NOT GOT OUR, OUR STANDING IT IS AG.

UH, WHICH ONE ARE YOU TALKING THAT, THAT BIG INTO WHICH VACANT LOT ARE YOU TALKING ABOUT THE ONE CLOSEST TO LEHMAN ROAD? YES.

LEHMAN AND INTERSECTION, YEAH.

EXTENSION.

OKAY.

UM, THEY'VE HAD THAT SIGN FOR YEARS THERE, .

YEAH.

YEAH.

UH, YOU KNOW, THE, THE SITE HAS SOME ACREAGE.

UM, THERE'S SOME AREAS THAT COULD BE COBBLED UP.

I MEAN, WE HAVE TO REMEMBER THAT THE, THE LOT IS NOT VERY WIDE.

UM, IT IS AN ACRE.

UM, IT'S VERY DEEP LOT.

UM, IT'S KIND OF UNUSUAL LOT FOR, UM, CITY STANDARDS.

I BELIEVE ACTUALLY DURING THE PLOTTING PROCESS OF VARIANCE WAS HAVING, WAS NEEDED TO BE GRANTED FOR THE LOCKED DEPTH.

UM, BUT AS FAR AS EITHER MORE TRADITIONAL NEIGHBORHOOD EXTENDING THOSE RESIDENCES OR PUTTING IN SMALL, UH, NEIGHBORHOOD COMMERCIAL, YOU KNOW, TRAFFIC GENERATION TRAFFIC TRIPS ARE GONNA BE VERY SIMILAR.

UM, WE'RE NOT TALKING AN HEB COMING IN AT THIS INTERSECTION, RIGHT.

YOU KNOW, IT IS GOING TO BE SMALL SCALE NEIGHBORHOOD TYPE COMMERCIAL.

UM, THEY JUST DO NOT GENERATE THE TYPE OF VOLUME THAT THEY HAVE.

UM, WE COULD, YOU KNOW, IT, IT'S ONE HOUSE.

IT MAY BE THAT AREA IS COBBLED UP AND REPLANTED AND THERE MAYBE THERE'S 25 OTHER HOMES.

I MEAN, THAT'S HARD TO SAY.

BUT WHEN LOOKING AT THE COMP PLAN AND, AND LOOKING FOR AREAS TO TRY AND EXPAND COMMERCIAL, UM, ESPECIALLY NEAR NEIGHBORHOODS, UH, I THINK THIS FALLS IN LINE, UM, PERFECTLY WITH THAT.

AGAIN, MY IMAGINATION FAILS ME IN TERMS OF THE, THE TRAFFIC THERE, YOU KNOW, IN TERMS OF, UH, PEOPLE GETTING IN AND OUT OF, UH, THAT LOCATION.

AND, UH, YOU KNOW, GENERALLY YOU HAVE TO RESPECT, ESPECIALLY AT THIS POINT, PEOPLE AREN'T, HAVEN'T QUITE CONCEIVED OF WHAT THE ROAD CHANGES ARE, BUT, UH, PEOPLE ARE VERY CONCERNED ABOUT THIS ROAD AND THAT INTERSECTION AND KEEPING THEIR EYE ON IT FOR SURE.

AND, UH, COMMISSIONER, I APPRECIATE THEIR SENTIMENTS.

I'M SORRY FOR INTERRUPTING.

COMMISSIONER.

YES.

STEGEL, THE, THE INTERSECTION THAT'S GOING TO BE AT LEHMAN ROAD AND BUTTON CREEK ROAD, THAT ROUNDABOUT IS GONNA CREATE MASSIVE IMPROVEMENTS IN THE TRAFFIC FLOW.

MM-HMM.

YES.

COMPARED TO THE STOPLIGHTS, BUT THAT DOESN'T CUT DOWN ON THE FLOW OF TRAFFIC OVERALL THOUGH, IN FACT.

NO.

WE'RE, WE ARE UP THE TRAFFIC.

WE, WE ARE A GROWING CITY THAT MUCH IS, IS CLEAR AND A RAPIDLY GROWING CITY, UM, WHENEVER, ASSUMING THE, THE ZONING GOES THROUGH AND WHAT HAVE YOU.

AND IT GOES THROUGH THE PROCESS.

WE WILL LOOK AT IT FROM A, UM, FROM OUR CODE REQUIREMENTS.

UH, WE HAVE CURRENTLY, UH, AN ADJACENT LANE MILE FEE THAT WILL PROBABLY APPLY TO THE SITE IN TERMS OF, UM, UH, PAYING INTO A FUND TO MAKE ROAD IMPROVEMENTS OUTSIDE THE ROAD BOND AND WHAT HAVE YOU.

AND SO IT'S, UM, AS JASON DID STATE THOUGH, IT IS, IT IS A RELATIVELY SMALL, UH, PROJECT AND SO ANYTHING THAT IT DOES OCCUR THERE FROM A, WHERE THE DRIVEWAYS GOING AND WHAT HAVE YOU, IT'LL, THEY'LL HAVE TO MEET THE ADOPTED CRITERIA MANUAL WE HAVE FOR TRANSPORTATION IMPROVEMENTS AS WELL.

SO THEY

[00:20:01]

DO, THEY WILL, IT'LL HAVE TO BE THOUGHTFULLY DESIGNED IN THE END AND JUST LIKE ALL OF OUR PROJECTS THAT WE HAVE MOVING FORWARD AND WE'RE CONSTANTLY UPDATING AND MAKING EDITS TO EVERYTHING.

SO I HAVE ANY FURTHER QUESTIONS.

OKAY.

I GUESS MY TURN, UM, SO WE SEE THE, UM, THE LEHMAN ROAD, UH, EXPANSION AT DACY LANE AND ALSO, YOU KNOW, 1626 DAISY LANE AND YEAH, ALL THE, THE GREEN ON THIS.

UM, BUT YOU SAID SOMETHING ABOUT THERE'S ALSO GOING TO BE A REALIGNMENT OF BUNTON CREEK.

UH, YES.

BUNTON CREEK, UH, THERE ON THAT CURVE.

MM-HMM.

, UH, OR MAYBE A LITTLE BIT FURTHER DOWN.

I THINK THE PROJECT LIMIT ON BUNTON CREEK STARTS THERE AT LEHMAN ROAD AND THEN PROCEEDS AS OFF PAGE, UH, SO SORRY, I DIDN'T INCLUDE THAT.

THERE'S SOME, SOME ALIGNMENTS, REALIGNMENT GOING THERE ON SOME OF THOSE CURVES.

OKAY.

BUT NOT ON THAT FIRST CURVE THAT SHOWED ON THIS MAP, I DON'T BELIEVE, I DON'T BELIEVE THAT IS IN THE PROJECT LIMITS, NO.

OKAY, GOOD.

'CAUSE I WAS GONNA SAY THAT'S GONNA KIND OF ALTER ACREAGE, EVERYTHING THAT'S AN EXISTING SIDE.

I MEAN, YOU'VE GOT, WE'VE GOT THE SCHOOL THERE, WE GOT, THERE'S A LOT GOING ON THERE.

EXACTLY.

SO THE PROJECT LIMITS FROM BUTTON ACTUALLY START WHERE THAT, THAT YELLOW IS AND THEN PROCEEDS EAST.

SO I'M SORRY IF THAT WAS CONFUSING IN MY STAFF REPORT.

THANK YOU.

UM, THAT ACTUALLY HELPS ME, UM, OKAY, BECAUSE YEAH, I DON'T HAVE A PROBLEM WITH THIS ONE AMAZINGLY ENOUGH, SO I'M GONNA PASS IT ON, NO QUESTION.

OKAY.

UM, YEAH, I HAD ALL, I HAD A WHOLE LIST OF QUESTIONS FOR YOU AND THEN YOU CHANGED IT ON US .

UM, SO AS LONG AS WE MADE IT EASIER, HOPEFULLY YOU DID, ACTUALLY THAT WAS ONE OF MY BIG CONCERNS WAS, UM, THE INTENSITY OF THE COMMERCIAL USE UNDER RS.

SO MOVING IT DOWN MAKE SENSE TO ME, IT MAKES ME FEEL BETTER.

MM-HMM ABOUT, UM, NOT GOING AGAINST THE COMP PLAN AND MAKING SURE THAT WE'RE DOING SOMETHING THAT PEOPLE COULD HAVE REASONABLY EXPECTED FROM THAT PROCESS THAT THEY HAD A SAY IN.

SO THAT'S PRETTY GOOD.

UM, I DO UNDERSTAND I COMMISSIONER, UH, SIEGEL'S CONCERNS ABOUT THE TRAFFIC OVER THERE AND, UM, I DO, I JUST, I HAVE TO ASK, I KNOW YOU SAID THAT Y'ALL HAD REASONS FOR PREFERRING THE COMMUNITY COMMERCIAL TO THE NEIGHBORHOOD COMMERCIAL.

THE USES LOOK VERY SIMILAR, BUT ONE OF THE, THE MAIN DIFFERENCES I SEE IS THAT THE RESTAURANT AND BANK AND ALLOWED UNDER COMMUNITY COMMERCIAL ARE ALLOWED TO HAVE DRIVE-THROUGHS, WHEREAS UNDER NEIGHBORHOOD COMMERCIAL, THOSE ARE NOT PER NOT APPROVED USES TO HAVE THE DRIVE-THROUGHS.

SO IF YOU HAVE A DRIVE-THROUGH, I MEAN, WE WOULD BE LOOKING AT MORE TRAFFIC BECAUSE YOU HAVE MORE CUSTOMERS COMING AND GOING DURING, DURING THE HOURS OF OPERATIONS.

SO THAT COULD CONTRIBUTE TO THE TRAFFIC CONCERN.

UH, COULD YOU EXPLAIN BETTER WHY NEIGHBORHOOD COMMERCIAL WASN'T, UH, THERE'S A CAP ON, UM, LIMIT ON THE NEIGHBORHOOD COMMERCIAL LOT SIZES.

UM, SO THEY HAVE TO BE VERY SMALL, SMALL LOTS, UM, IN THIS AREA BECAUSE OF THE DEPTH OF THESE LOTS.

WE JUST DON'T FEEL THAT THAT'S GONNA WORK.

UM, AGAIN, IF THIS NEIGHBORHOOD COMMERCIAL, I'M SORRY IF THIS SITE WAS MAYBE ON A, UH, COLLECTOR STREET OR MINOR ARTERIAL OR SOME OTHER ROAD THAT THAT'S NOT SLATED FOR UPGRADES.

I MEAN THIS IS, THIS IS GONNA BE AN AREA THAT'S GONNA GENERATE TRAFFIC, IT'S GONNA MOVE CARS.

UM, IF THIS WAS AN AREA THAT, LIKE I SAID WAS MORE ON A COLLECTOR STREET ADJACENT TO A NEIGHBORHOOD AND NOT A MAJOR THOROUGHFARE, THAT WOULD PROBABLY BE SOMETHING WHERE WE SAY, OKAY, YEAH, UH, A DRIVE-THROUGH IS NOT REALLY APPROPRIATE HERE, BUT GIVEN THE IMPROVEMENTS THAT WE'RE DOING TO THE AREA, UM, EXTENDING THAT UP ONTO KOHLERS THAT WE FEEL PRETTY COMFORTABLE WITH ALLOWING THOSE DRIVE-THROUGHS THERE.

BUT THE, THE STREET THAT IS GETTING WIDENED AND THE STREETS THAT ARE BEING BUILT ARE NOT ADJACENT TO THIS PROPERTY.

THEY'RE IN THE VICINITY OF IT.

SO DO WE, DO WE THINK THAT BUTTON CREEK ROAD THERE IN FRONT OF THIS LOT IS GOING TO BE A MAJOR ARTERIAL OR IS IT GOING TO STAY THE LITTLE TWO LANE ROAD THAT IT IS TODAY? WELL, PART OF THIS WILL PROBABLY BE A, UM, SO BUNTON CREEK IS, IS ON OUR TRANSPORTATION TO BE UPGRADED, BUT IS THAT SECTION IS NOT PART OF THE BOND PROGRAM.

SO AS THEY COME IN TO REPL OR DEVELOP, THERE'LL BE A D FOR ADDITIONAL RIDE OF WAYS AND THEN THOSE CONNECTIONS MAY BE MADE LATER.

UM, AGAIN, THAT, THAT'S YOUR PURVIEW ON, ON YOUR REQUESTED.

BUT GIVEN THE ACREAGES ON, ON THE SUBJECT TRACT, UM, IF HE WENT TO, UH, THE NEIGHBORHOOD COMMERCIAL, HE WOULD NOT BE ABLE TO DEVELOP.

I MEAN THERE'S JUST LIMITS ON THE SIZE, SO THAT'S KIND OF AN ISSUE FOR US AS WELL.

AND KAYLA CAN PROBABLY CLARIFY SHE'S A LITTLE

[00:25:01]

MORE IN, IN TUNE WITH THAT THAN I AM.

YES.

THE, THE MAXIMUM LOT SIZE, UM, KIND OF AS A WHOLE.

SO EVEN IF YOU HAD LIKE MULTIPLE LOTS, UM, IT'S AN ACRE FOR THE NEIGHBORHOOD COMMERCIAL.

UM, SO EVEN IF HE WERE TO SPLIT IT UP, SAY INTO TWO LOTS TO TRY AND MAKE IT UNDER THAT ONE ACRE REQUIREMENT, UM, IT'S AN AGGREGATE.

SO IT WOULD, IT WOULD STILL NOT BE ABLE TO, UM, BE DEVELOPED UNDER THE NEIGHBORHOOD COMMERCIAL STANDARDS.

SO THAT'S, THAT'S WHY WE WERE IN FAVOR OF THE COMMUNITY COMMERCIAL.

THE, THE ALLOWED USES ARE FAIRLY SIMILAR WITH SOME EXCEPTIONS.

THERE ARE ALSO, JUST TO KIND OF PIGGYBACK ON JASON'S COMMENT ABOUT DRIVE-THROUGHS, THERE ARE ALSO SOME SPECIAL STANDARDS SPECIFICALLY FOR DRIVE-THROUGHS TO KIND OF PROTECT ADJACENT RESIDENTIAL AND THINGS LIKE THAT MAYBE DOESN'T ADDRESS THE, THE TRAFFIC CONCERNS, BUT IT WOULD, UM, HELP WITH THE SURROUNDING CURRENT RESIDENTIAL USES.

OKAY.

THANK YOU VERY MUCH.

THAT WAS HELPFUL.

THANK YOU.

CAROL.

I DON'T THINK I HAVE ANOTHER QUESTION RIGHT NOW.

UM, IT WAS MENTIONED THAT I CHANGED MY MIND.

I DO HAVE ANOTHER QUESTION.

SO IT WAS MENTIONED THAT THERE IS A SIGN NEARBY THAT A GAS STATION WILL BE COMING.

DOES THAT MEAN THAT UNDER THE, YOU CAN'T HAVE TWO GAS STATIONS WITHIN A MILE OF EACH OTHER RULE THAT THIS ONE WOULD FOR SURE NOT BE ABLE TO DEVELOP THAT WAY? SO I'M NOT SURE WHAT SIGN WE'RE TALKING ABOUT.

AND I, I WAS A LITTLE CONFUSED ON PROPERTY, SO I'M GONNA LEAN ON WILL ON THIS ONE 'CAUSE HE, HE LOOKS LIKE HE'S READY TO ANSWER THAT.

I DO KNOW THE ANSWER TO THAT QUESTION, , I WASN'T PREPARED TO ANSWER THAT QUESTION, BUT I DO KNOW THE ANSWER.

UH, WILL ATKINSON FOR THE RECORD.

UM, SO OUR SIGN CODE ALLOWS FOR TEMPORARY COMING SOON SIGNAGE, UH, THAT YOU GET A PERMIT FOR AND YOU CAN GET IT SET UP AND IT'S PERFECTLY LEGAL WHETHER THE BUSINESS, THE PROPERTY OWNER HAS ANY LEGITIMATE PLANS TO SET UP A GAS STATION THERE OR NOT.

THERE ARE NO SITE PLANS THAT HAVE EVER BEEN APPROVED, AT LEAST FOR, SINCE I'VE BEEN EMPLOYED HERE.

AND I'VE BEEN HERE FOR EIGHT YEARS NOW ON THAT SITE.

THERE IS NO EXISTING SITE PLANNED THERE, , I DON'T EVEN THINK THE SITE IS PLATTED.

IT'S ONLY ZONED RETAIL SERVICES, I BELIEVE.

BUT THE MAJORITY OF THE INTERSECTION IS GONNA BE TAKEN UP.

A LOT OF THAT LOT IS GONNA BE TAKEN UP BY THE FUTURE ROAD WITH A ROAD BOND.

HOW? YEAH, THERE'S NO PRE, I I THINK Y'ALL'S CONCERN IS A GAS STATION GOING IN ON THIS SITE IF I'M KIND OF READING THE, THE TEA LEAVES WELL ON THAT CORNER, YES.

OKAY.

UM, CAN'T SAY ABOUT THE CORNER, I CAN SAY ON THIS SITE, PROBABLY NOT JUST GIVEN ITS SHAPE AND HOW IT'S GONNA GONNA WORK.

UM, BUT THAT CODE IS FIRST COME, FIRST SERVE.

SO, UM, IF HE WAITS AND SOMEONE ELSE GOES IN DOWN THE STREET, THEN THE LOT YOU'RE TALKING ABOUT THEN SIGN OR NO SIGN, HE CAN'T DO THAT.

UM, SAME WITH THIS GENTLEMAN HERE.

SO, BUT UM, JUST REAL QUICK, UM, THE GAS STATION THERE THAT'S ON PHILOMENA, UM, ISN'T THERE A GAS STATION ON ONE OF THOSE CORNERS? DOESN'T THAT FALL WITHIN THAT RANGE? SO HE WOULDN'T BE ABLE TO DO IT ANYWAY BECAUSE OF THAT GAS STATION? YEAH, I DON'T HAVE THE MEASUREMENTS.

UM, ISN'T IT A TEXACO OR, SO I CAN GOOGLE MAP IT? YES, YES.

THANK YOU KAYLA.

YEAH, SO HE WOULDN'T BE ABLE TO DO THAT ANYWAY.

HALF MILE.

THERE WE GO.

THANK YOU.

BY .

UM, UM, DIDN'T KNOW ABOUT THAT.

THANK YOU.

NO, YOU'RE FINE.

UH, NOW YOU SAID ONE OF THE, I GUESS IT'S THE CIP NOT IT'S COULD BECAUSE IT'S NOT PART OF THE ROAD BOND, BUT IT'S A-C-I-P-I THINK WHERE WE'RE GONNA, OR TRANSPORTATION MASTER PLAN, THE TRANSPORTATION MASTER PLAN WHERE THAT IS GONNA WIDEN THAT SECTION, CORRECT? YEAH, I'D HAVE TO LOOK AT WHERE, WHICH SECTIONS ARE, ARE WHAT, BUT I BELIEVE OKAY, WELL, ARE YOU MORE FAMILIAR WITH THE TRANSPORTATION MASTER PLAN ON, ON, I DIDN'T, I DIDN'T HEAR THE QUESTION.

I'M SORRY.

UM, THE TRANSPORTATION MASTER PLAN FROM LEHMAN ON BUNTON GOING WEST, UM, THAT IS STILL DEFINED ON OUR TRANSPORTATION MASTER PLAN AS, AS MAJOR ARTERIAL, BUT IT'S JUST NOT PART OF THE ROAD BOND RIGHT NOW.

IT, IT'S NOT PART OF THE ROAD BOND, BUT IT IS DEFINITELY NOT A COLLECTOR.

UM, AND IT WOULD BE TRANSITIONING, A COLLECTOR IS LIKE A MAJOR STREET INSIDE A RESIDENTIAL SUBDIVISION.

RIGHT? RIGHT.

LOCAL STREET IS A LOCAL STREET.

MM-HMM, .

SO IT'S ABOVE A COLLECTOR, BUT IT'S LESS THAN A MAJOR ARTERIAL.

SO IT'S PROBABLY IN THAT RANGE.

WELL, MY QUESTION THOUGH IS IF THAT MASTER PLAN MAKES, WE WOULD BE EXPANDING THAT ROAD THAT WOULD MORE THAN LIKELY DECREASE HIS ACREAGE AND AT THAT POINT IF IT DECREASED IT DOWN TO ONE ACRE, HE WOULD BE ALLOWABLE TO THE NEIGHBORHOOD COMMERCIAL.

AND AT THAT POINT WOULD SAY IF IT GOT S SOLD LATER, WOULD THAT MEAN THAT HE WOULD HAVE TO DOWNGRADE? WELL, AND COULD HE, I WOULD SAY FIRST, FIRST OFF, GIVEN THE THE LOT SIZE AND THE RIGHT OF WAY

[00:30:01]

THAT HE WOULD BE DEDICATING AS PART OF THE PLOT, I DON'T KNOW THAT THAT'S ENOUGH TO GET HIM UNDER THE OKAY.

UNDER THAT.

UM, SECONDLY, YOU HAVE TO REMEMBER AS FAR AS TRANSPORTATION GOES, AND THE CONCERN, UH, IN THIS AREA IS THE, THE DACY LANE EXTENSION IS GOING TO CREATE THAT ALTERNATIVE ROUTE AROUND PAST THE SCHOOL.

SO, UH, MR. STEGEL, IF YOU'RE, IF YOU'RE DRIVING OUT THERE AND, AND YOU KNOW IT'S PICKUP OR DROP OFF TIME, YOU'RE GONNA HAVE AN ALTERNATE ROUTE TO GET OUT OF THAT KIND OF, UH, YOU KNOW, JAM THERE.

SO I THINK THAT'S ULTIMATELY WHAT WE NEED TO REMEMBER WHEN WE TALK ABOUT TRAFFIC IS IT'S NOT ALWAYS JUST RUN ROAD AS THOSE ROADS GO UP.

UM, I ALWAYS LIKE TO SAY TRAFFIC IS, IS LIKE WATER.

PEOPLE ARE GOING TO FIND THE PATH OF LEASE RESISTANCE WHEN THEY'RE DRIVING DOWN THOSE ROADS.

SO, UM, AGAIN, FROM A, FROM A LAND USE STANDPOINT, FROM A ZONING STANDPOINT, FROM A COMP PLANT STANDPOINT, UM, THIS DOES MEET AND THAT'S WHY STAFF IS SUPPORTIVE OF THIS ALSO.

I DON'T, I DON'T MEAN TO INTERRUPT, BUT JUST, JUST WANNA MAKE SURE Y'ALL ARE AWARE.

WE DO ALSO HAVE THE HONOR HERE IF Y'ALL HAVE ANY QUESTIONS FOR THE HONOR.

OKAY.

ANY OTHER QUESTIONS FOR STAFF? UH, JUST ON, ON THE, UH, SO WHAT I'M THINKING ABOUT IS SOME OF THE BUSINESSES ARE STILL DRIVE THROUGH BUSINESSES, UH, EVEN IF IT'S RELATIVELY LOWER TRAFFIC STREAM, LIKE BANK OR, OR WHAT HAVE YOU.

UM, AND THE CURRENT STREET IS TWO LANES, NO SHOULDER ON THAT SIDE, AND THERE'S A SIDEWALK ON THE OTHER SIDE AND THEN A FENCE.

SO THE ONLY EXPANSION CAN GO THAT WAY.

AND I DON'T KNOW IF YOU CAN ANSWER THIS, BUT THIS BUTTON CREEK EXPANSION, WILL IT BE THREE LANES? WHAT DO WE KNOW ANYTHING ABOUT, ABOUT WHAT THAT WILL LOOK LIKE? I BELIEVE IT WOULD, IT WOULD COLOR MY COLOR MY THINKING QUITE A BIT.

IF THERE WAS DECELERATION LANE AVAILABLE OR LIKE THREE LANE WITH A CENTER LANE OR SOMETHING LIKE THAT.

THE EXPANSION, I BELIEVE IS FULL FOUR LANE MOVING EAST.

UM, BUT I'LL LET, WE'LL KIND OF CHIME IN ON THAT.

YEAH, THAT'S ACCURATE.

IT'S A, IT'S A FOUR LANE DIVIDED GOING EAST FROM LEHMAN ROAD IN THE EVENT, AND THIS IS SPECULATION BECAUSE IT'S NOT ANYTHING COUNSEL HAS DISCUSSED OR ANYTHING LIKE THAT.

YEAH.

BUT ANYTHING GOING BETWEEN I 35 AND LEHMAN ROAD WOULD VERY LIKELY MATCH THE SECTION THAT'S BEING DESIGNED GOING EAST NOW IN THE EVENT THAT IS UPGRADED.

BUT, UM, THE APPLICANT HAS THEIR PROJECT IN FIRST.

UM, IF ANY RIGHT OF WAY NEEDS TO BE DEDICATED AT A TIME OF PLAT, THEN WE CAN GET THAT, UM, AS PART OF THE SITE DEVELOPMENT PROJECT.

AND SO, UM, THAT'S OKAY.

THE, UM, CURRENTLY AND THE, WE ALL KNOW WHAT BUTTON CREEK ROAD LOOKS LIKE, OKAY.

GOING EAST TO LEHMAN ROAD, BUT IT CANNOT BE STATED ENOUGH THAT THE IMPROVEMENTS THAT ARE GOING TO BE BUILT IN THE NEXT FEW YEARS OF THE ROAD BOND ARE GONNA DO ARE GONNA GREATLY, DRAMATICALLY IMPROVE THE WHOLE FLOW OF TRAFFIC THROUGHOUT THAT ENTIRE AREA.

IF WE DO NEED A SHALLOW AT THE CURVE EVER RIGHT THERE ON BUTTON CREEK ROAD, UH, THE CITY CAN TAKE STEPS TO PURCHASE RIGHT OF WAY FOR THE ADJACENT PROPERTY OWNERS, UM, AND THEN GO FROM THERE.

BUT THEN IF WE'RE DOING THAT, WE'RE GONNA NEED TO DESIGN THE ROAD TOO TO UNDERSTAND WHERE THAT'S GOING.

SO THERE'S THE, THERE'S A LOT OF DESIGN WORK UP FRONT THAT WE HAVE TO ACCOUNT FOR BEFORE WE CAN DETERMINE IF MORE RIGHT OF WAY IS NEEDED.

UM, SO, AND IT'S JUST, IT'S JUST NOT A PROJECT THAT IS ON THE CITY'S RADAR AT THIS TIME.

YEAH, I THINK, I THINK FROM A TRAFFIC STANDPOINT, WE REALLY NEED TO FOCUS ON THE DACY LANE AND THE LEHMAN ROAD EXTENSIONS.

THOSE TWO ARE GONNA BE THE, THE, THE PRIOR, UH, PRIORITY ROADS, UM, THOSE AGAIN ARE, ARE UNDER DISCUSSION AND DESIGN.

UM, WE HAVE STARTED, I BELIEVE ON SOME OF THE PLOTS IN THIS AREA STARTED GRABBING RIGHT OF WAY OR, OR RIGHT OF WAY RESERVATIONS FOR THAT FUTURE BUILD OUT.

UM, SO THAT WE CAN KIND OF HAVE THOSE CONVERSATIONS WHEN IT COMES TIME.

NOW AS FAR AS DE CELL LANES, EXCEL LANES, UM, THAT'LL KIND OF BE DEPENDENT ON THE SITE PLAN ITSELF.

UM, I KNOW THE APPLICANT RIGHT NOW HAS NO REAL CONCRETE PLANS TO DEVELOP THIS THEMSELVES.

UM, UH, THIS IS GONNA GIVE THEM THE FLEXIBILITY, KIND OF GO OUT, SEE WHAT CAN BE DONE, DEPENDING ON THE USE, DEPENDING ON THE INTENSITY, UM, THAT POINT WE'LL KIND OF LOOK AT OUR TRAFFIC, UH, CRITERIA MANUAL AND SEE, SEE, YOU KNOW, ARE IS A DESAL EXCEL LANE REQUIRED, UM, IF THIS SITE POPS BEFORE, OR DEVELOPS BEFORE THE ADJACENT ONES, THEN AGAIN THE OWNER LIVES ADJACENT, HE MAY NEED TO, TO COME INTO THAT ZONING, MAY COMBINE THOSE LOTS, UM, YOU KNOW, MAY BE CROSS ACCESS EASEMENTS REQUIRED.

I MEAN, REALLY JUST UNTIL WE SEE A DEVELOPMENT PLAN, UM, SOME OF THOSE QUESTIONS ARE KIND OF HARD AND TO ANSWER IN GREAT DETAIL.

THANKS.

THANKS, JASON.

WELL, IT'S KIND OF HARD TO PREDICT WHAT IT'S GONNA LOOK LIKE.

AND MY QUESTION IS MOSTLY

[00:35:01]

BASED ON DRIVER SAFETY.

SO WE HAVE A, UM, I DON'T KNOW WHAT THE TECHNICAL TERM IS, BUT WE HAVE A, UH, A LARGE VARIANCE IN SPEED.

SO PEOPLE TRAVELING DOWN THERE, IF SOMEBODY'S PULLING ONTO, UH, ONTO THE LANE, THEY HAVE TO IMMEDIATELY COME UP TO SPEED.

SO THERE'S THE ASPECT OF A POSSIBLE COLLISION, THERE'S THE ASPECT OF TRAFFIC DISRUPTION BECAUSE EVERYBODY HAS TO STOP WHILE SOMEBODY PULLS OUT OR PULLS IN.

UM, AND THEN AS, UH, COMMISSIONER STEGEL POINTED OUT, THERE'S THE WHOLE, YOU KNOW, OVERLOAD TRAFFIC ISSUE.

SO THERE'S, THERE'S A COUPLE ISSUES THERE.

UM, THANKS FOR TELLING ME WHAT, YOU KNOW.

I KNOW THAT THAT'S, WE GOTTA MAKE DECISION IN THE FACE OF THE BEST AVAILABLE DATA, SO THANKS.

YEAH, I THINK FROM TRAFFIC, UH, YOU KNOW, RIGHT NOW WE HAVE A SITUATION WHERE WE HAVE TWO SINGLE FAMILY HOMES THAT MAY BE, YOU KNOW, BACKING OUT INTO SOME OF THIS TRAFFIC DEPENDING ON HOW THEY PARK AND WHAT'S GOING ON.

SO, UM, YOU KNOW, COMMERCIAL AT LEAST ALLOWS YOU TO, TO KIND OF FLUCTUATE OR CONTROL THAT FLOW OF TRAFFIC.

AGAIN, DEPENDING ON WHAT THEY'RE DOING, WE HAVE TO GO THROUGH THE, OUR, OUR TRAFFIC CRITERIA MANUAL TO, TO KIND OF MAKE THOSE, SO THAT WILL DRIVE WHAT KINDA SAFETY, UH, INFRASTRUCTURE WE NEED TO PUT IN.

CAN YOU, UH, TELL ME WHAT THE FRONTAGE OF THE LOT IS ON THE ROAD? UH, I BELIEVE THIS ONE IS A 80, 60 TO 80 FOOT LOT.

I, IT, IT'S ABOUT 110 FEET.

ONE 10 ON THIS 1, 1 10.

OKAY.

ALSO, JUST QUICK NOTE, AS I WAS LOOKING, IT'S ALSO IN THE GO FORTH ROAD OVERLAY.

SO, UM, UH, A CONDITIONAL USE PERMIT WOULD EVENTUALLY COME FORWARD AS THEY DEVELOP WITH THE SITE PLAN ARCHITECTURAL RENDERINGS AND THINGS LIKE THAT.

SO, UM, YOU WOULD SEE IT AGAIN, OF COURSE IT WOULD HAVE TO MEET OUR SITE PLAN REQUIREMENTS AND THINGS LIKE THAT, BUT THERE WOULD BE ANOTHER OPPORTUNITY TO VIEW WHATEVER GOES IN THERE.

THANK, THANK YOU, KAYLA.

AND A AND A QUICK NOTE ON THAT GO FORTH ROAD OVERLAY.

IT'S VERY SIMILAR TO I 35, IS THAT YOU GET PURVIEW OVER SITE PLAN AND ALL OF THAT.

NOW IT, THE STANDARDS AREN'T SPELLED OUT THE WAY THEY ARE IN THE I 35 OVERLAY.

UM, BUT IT IS, LIKE YOU SAID, ANOTHER BITE AT THE APPLE.

IF YOU HAVE SOME CONCERNS.

MADAM CHAIR, I'D LIKE TO MAKE A MOTION TO APPROVE, UM, UH, THE REZONING OF APPROXIMATELY 1.5 ACRES OF LAND FROM A TO, UM, COMMERCIAL, UH, COMMUNITY COMMERCIAL, UM, FOR PROPERTY LOCATED AT 1 4 1 7 BUTTON CREEK ROAD.

OKAY, SECOND, WE HAVE A MOTION FROM COMMISSIONER SHIELD TO REZONE, ONE AND A HALF ACRES OF LAND FROM AGRICULTURE TO COMMUNITY COMMERCIAL FOR THE PROPERTY AT 1 4, 1 7 BUTTON CREEK ROAD.

AND THE SECOND IS FROM COMMISSIONER SERATO.

IS THERE ANY DISCUSSION ON THAT MOTION? MADAM CHAIR? YES, SIR.

UH, JUST, JUST WANTED TO SAY THAT, UH, A LOT OF FACTORS INVOLVED HERE AND THANKS FOR EVERYBODY FOR HAVING THE PATIENCE, JASON, FOR GOING THROUGH ALL OF THOSE.

UM, AND, UH, I COULD SEE POTENTIAL TROUBLE IN THE FUTURE AND I WAS ON THE FENCE JUST TO GIVE YOU A LITTLE HISTORY ON MY, ON MY VOTE AND THEN, UH, AND THEN TELL YOU HOW IT'S GONNA GO.

AND I, MY LEANING IS TOWARD THE RIGHTS OF THE LANDOWNER IF HE WANTS TO DO SOMETHING, UM, I THINK IN THIS INSTANCE THAT, THAT, THAT'S GONNA BE HOW I'LL, I'LL VOTE.

SO, UH, I, I HATE TO STOP PEOPLE WHEN THEY'VE GOT INITIATIVE.

THEY WANNA MAKE BUSINESSES.

AND, UH, I'M GONNA HOPE THAT THE FUTURE US WITH THE, UH, GO FORTH OVERLAY REQUIREMENTS AND, UH, O OTHER REQUIREMENTS THAT WE HAVE, WE'LL MAKE, HELP THE LANDOWNER MAKE GOOD DECISIONS.

BUT, BUT I WOULD SAY LET'S LET 'EM GO.

SO, YEP, THAT'S MY COMMENT.

THANK YOU.

ANYONE ELSE WITH A COMMENT ON THE MOTION? OKAY.

SO, UM, TO RESTATE THE MOTION, THIS IS TO, UM, APPROVE THE REZONING OF APPROXIMATELY ONE AND A HALF ACRES OF LAND FROM AGRICULTURE TO COMMUNITY COMMERCIAL.

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

AYE.

AYE.

ALL OPPOSED, SAY NAY.

OKAY.

MOTION PASSES.

FIVE TO ZERO.

THANK YOU, COMMISSIONERS.

THANK YOU.

ALL RIGHTY.

ITEM 4.3,

[3) Consider approval of a Conditional Use Permit for a Martial arts and leasable office/retail space located at 111 S. Main Street. (Conditional Use Permit - CUP-24-0111)]

CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT FOR A MARSHALL ARTS AND LEASEABLE OFFICE SLASH RETAIL SPACE LOCATED AT 1 1 1 SOUTH MAIN STREET, CONDITIONAL USE PERMIT, CUP DASH 24 DASH 0 1 1 1.

MR. LUTZ? OH, YEAH, SORRY.

I, I GENERALLY DON'T DO THE, UH, C PS I KIND OF FORGOTTEN.

THANKS GA , UH, LET ME PULL UP THAT POWERPOINT.

GIMME ONE SECOND.

OKAY.

YES.

UH, SO, UH, THE APPLICANT IS AT, UH, ONE 11 SOUTH MAIN, JUST RIGHT HERE ACROSS FROM OUR PARK.

MM-HMM, .

UM, THEY ARE SEEKING A CONDITIONAL USE PERMIT.

AGAIN, THIS IS AN OVERLAY USE, UH, NOT A, UH, USE USE LAND USE.

UM, SO THE PROJECT LOCATION

[00:40:01]

IS HERE, YOU CAN SEE IT'S ON THE EAST SIDE RIGHT ACROSS FROM THE CITY SQUARE.

UM, AND THIS PROJECT IS GONNA TAKE UP BOTH, UH, BOTH LOTS ON THIS TRACT, UM, AND KIND OF FRONT ON MILLER AND MAIN STREET.

UM, AGAIN, THE SITE IS BOTH IN THE I 35 OVERLAY ZONING AND IN THE CENTER STREET OVERLAY ZONE.

UM, BUT THE CENTER STREET OVERLAY, AGAIN, IS NOT LIKE THE I 35.

THERE'S NO SPECIFIC REQUIREMENTS IN THERE.

SO WE'RE KIND OF FOLLOWING THE I 35.

UM, AND THEN LOOKING AT IT, UH, THE ORIGINAL TOWN AREA, WHICH IS FACING MARY KYLE HARTSON PARK, THAT F THIS FACADE THAT THEY'RE LOOKING IS, UH, FITS INTO THAT LATE TEEN 18 HUNDREDS, UH, KIND OF ARCHITECTURE THAT YOU SEE IN DOWNTOWN, UH, KYLE.

UM, THEY'RE LOOKING AT DEVELOPING THIS IN A TWO PHASE DEVELOPMENT.

UM, SO PHASE ONE WILL CONSIST OF APPROXIMATELY 4,000 SQUARE FEET OF RETAIL SPACE ON THE EXISTING VACANT LOT.

UM, THEY ALSO OWN THE LAND WITH THE, THE SMALL CHURCH THERE.

UM, PHASE TWO WILL THEN ADD AN ADDITIONAL 2,500 SQUARE FEET.

UM, AND AGAIN, THAT EXISTING OLD CHURCH BUILDING WILL, WILL BE DEMOED AS PART OF THAT PHASE TWO.

UM, PHASE ONE IS A PROPOSED MARTIAL ARTS SCHOOL DOJO, KYLE.

IT'S GONNA BE APPROXIMATELY, UH, UH, OCCUPYING APPROXIMATELY ABOUT HALF OF THE ORIGINAL PHASE ONE, 2000 SQUARE FEET.

UH, THE REMAINDER IS PLANNED TO BE LEASED A SMALL LOCAL BUSINESS, UH, MAYBE ONE, MAYBE TWO ADDITIONAL SPOTS.

UM, THIS WILL BE A KIND OF A SHELL TENDON SPACE THAT THEY WILL FINISH OUT LATER.

UH, THE EXISTING ADDITIONAL PARKING WILL BE REQUIRED, UM, WHICH WILL CONSIST OF RETRIP OF EXISTING PARKING SPACES IN THE FRONT OF THE BUILDING.

AND THEN SEVEN ADDITIONAL SPACES ON MILLER STREET, UM, IN THE GRASS AREA, KIND OF BETWEEN THE ROAD, UH, IN THE RIGHT OF WAY.

UM, CURRENTLY OUR PROCESS ON THOSE IS TO FINALIZE, UH, RIGHT OF WAY AGREEMENTS WITH LANDOWNERS FOR MAINTENANCE.

UH, BUT WE'VE GOT SOME KIND OF CHANGE IN LEADERSHIP IN PUBLIC WORKS SO THAT THAT PROCESS MAY CHANGE A LITTLE BIT.

UM, SO THAT'S WHY I MADE A NOTE IN THIS, THAT, UH, AT THIS TIME, STAFF IS KIND OF REALLY LOOKING TO APPROVE, NOT REALLY THE SITE PLAN, BUT THE BUILDING AESTHETICS, UH, BECAUSE WE STILL HAVE SOME ISSUES TO WORK OUT ON THAT RIGHT AWAY IN THAT PHASING.

BUT IF WE LOOK AT THE SITE PLAN, UM, IN THIS IMAGE, THE UPPER LEFT HAND CORNER IS THE EXISTING CONDITION SHOWS.

THE VACANT LOT SHOWS THE BUILDING, UH, THE ALLEYWAY IS, UH, UH, IMPROVED RIGHT NOW WITH ASPHALT.

SO PROPOSED CONDITION IS THE ADDITION OF THE BUILDING.

UM, YOU CAN SEE SOME LANDSCAPING.

UH, THERE'S A LITTLE BULB OUT NEXT TO THE HANDICAP SPACE.

THEY'RE ACTUALLY LOOKING, UH, ON THEIR LANDSCAPE PLAN AT, AT FILLING THAT WITH THE TREE.

UM, AND THEN FUTURE CONDITIONS WOULD BE THE EXISTING EXTENSION OF THAT BUILDING.

AND THEN YOU CAN SEE THE PARKING IN THE RIGHT OF WAY, UH, ALONG MILLER STREET, UM, AGAINST DAF TONIGHT, OR, OR WE ARE REQUESTING THAT P AND Z APPROVE THE BUILDING FACADE, UM, ON THE CONDITION THAT THE SITE PLAN BE APPROVED BY STAFF.

AGAIN, WE'D HAVE TO GO THROUGH THAT RIGHT OF WAY OF LICENSE AGREEMENT OR MAYBE SOME OTHER PROCESS DEPENDING ON HOW WE FINALIZE, UH, PUBLIC PARKING, UH, THAT'S BEING PUT IN.

THIS FACADE IS CONSTRUCTED WITH 100% BRICK.

UH, IT DOES INCLUDE APPROPRIATE WINDOW GLAZING FOR THIS AREA.

METAL TRIM ACCENTS WITH APPROPRIATE ARCHITECTURAL DETAILS TO KIND OF COMPLIMENT THE DESIGN.

UM, I'VE HAD SOME QUESTIONS ON THE WINDOW GLAZING AND KIND OF WHAT THAT MEANT.

SO, UH, ULTIMATELY IT'S, IT'S NOT THE WINDOW MATERIAL, IT'S JUST TALKING ABOUT GLAZING IN THIS INSTANCE IS THE USE OF WINDOWS.

UM, AND THIS IS VERY APPROPRIATE FOR THE AREA.

IT'S VERY WALKABLE.

YOU WANT SHOPS, SO THERE'S A LOT OF FRONTAGE, BUT AGAIN, IT'S 100% BRICK.

UM, SO IT WOULD MATCH THE I 35 OVERLAY, UM, EVEN THOUGH IT'S, IT'S IN BOTH.

UH, SO HERE'S KIND OF THE IMAGE ELEVATIONS.

UM, AS YOU CAN SEE HERE, UM, YOU WILL SEE THAT THERE ARE SOME HANDICAPPED RAMPS HERE.

THAT IS BECAUSE THIS AREA DOES, UH, HAVE A, UH, PENSIONS TO, TO FLOOD.

UM, MOST OF IT IS SHEET FLOW AND THEN BACK UP FROM THE RAILROAD TRACKS, UM, IN THIS DITCH HERE.

UM, SO THERE ARE, ARE BEING PROACTIVE AND GOING TO BUILD THAT ABOVE THAT, THAT BASE FLOOD ELEVATION THAT THEY'RE ESTABLISHING SO THAT THEY ENSURE THAT THE, THE BUILDING WILL, WILL NOT BE FLOODED.

UM, THESE ELEVATIONS, AGAIN, THESE ARE THE SIDE ELEVATIONS.

UM, AGAIN, ONE OF THESE WILL, WILL DISAPPEAR AND KIND OF BE EXTENDED TO THE OTHER ONE.

UH, WHEN THAT BUILDING IS EXTENDED, UH, YOU CAN SEE THE RAMPS, UH, THERE FOR A DA AND THEN THERE'S PLANTER BOXES WITH OPPORTUNITY FOR ADDITIONAL TREES AND LANDSCAPING IN FRONT.

UM, SO OPTIONS ON THIS ONE ARE APPROVE, UM, APPROVE WITH RECOMMENDATIONS OR CONDITIONS OR DENY.

UM, AGAIN, STAFF IS RECOMMENDING APPROVAL, UM, AND REQUESTING THAT YOU PLACE THE CONDITION THAT THE SITE PLAN AND PARKING AGREEMENTS, UH, BE APPROVED ADMINISTRATIVELY BY STAFF SO THAT WE, UM, CAN SAVE THEM SOME TIME AND, AND NOT HAVE TO GO THROUGH ANOTHER ROUND OF, OF PUBLIC HEARINGS.

SO, UH, I CAN ANSWER ANY QUESTIONS YOU HAVE AT THIS TIME.

MADAM CHAIR? YES, SIR.

JASON, CAN YOU GO BACK TO THE FRONT ELEVATION PLEASE? UH, SO IS THAT AN AWNING THAT RUNS ACROSS THE FRONT THERE? YES, SIR.

OKAY.

[00:45:01]

UM, I LIKE THAT BECAUSE THAT'S, OTHER BUILDINGS IN THAT AREA ON THE STREET HAVE THAT AS WELL AND IT'S ALSO NICE FOR RESIDENTS.

SO WE HAVE THE RAMP, WHERE'S, WHERE'S THE STEP UP TO THE, UH, TO THE GROUND FLOOR LEVEL? IS THERE STEPS? UM, OR, OR DOES EVERYBODY USE THE RAMP? I, THIS IMAGE MIGHT BE KIND OF HARD.

UM, THAT LITTLE PAN PLANNER BOX IS I THINK, KIND OF PUSHED UP.

I THINK THERE'S GONNA BE A, A STEP UP THERE.

'CAUSE THEY'RE GONNA HAVE TO CONTINUE THEIR, THAT SIDEWALK CONTINUES TO GO THROUGH THE UPSTAIRS RIGHT HERE.

MM-HMM.

.

SO THEY, THEY, THEY'LL HAVE TO, I DON'T THINK EVERYBODY'S USING THAT RAMP OR THE WAY THE, I'M GONNA HAVE TO PULL THE BUILDING PLANS TO SEE THAT.

UNFORTUNATELY, I DON'T HAVE THOSE HERE.

UM, BUT WHEN WE WERE LOOKING AT THAT, WE DIDN'T HAVE ANY CONCERN WITH THE TRANSITION.

'CAUSE AGAIN, OUR CONCERN WAS KIND OF THE FLOODING THAT, THAT BACKS UP THERE.

UH, LEMME SEE IF I CAN PULL THOSE THERE.

THERE'S STAIRS, LIKE RIGHT IN THE MIDDLE.

YEAH.

IS IT RIGHT IN THE MIDDLE? YEAH, THERE WERE STAIRS.

IT'S HARD TO SEE ON THE, ON THE SLIDE, BUT, AND THEN WE DON'T HAVE THE SLIDE THAT, THAT'S OKAY.

UM, AND MY OTHER QUESTION WAS ABOUT THE, UH, THE, UH, PLANNED D UH, DEMOLITION OF THE CHURCH BUILDING.

IS THAT A PLACE OF WORSHIP OR, UH, OR, OR IS THAT LIKE A SUPPORT BUILDING? DOES ANYBODY KNOW FOR THAT? UM, I DO NOT KNOW.

UM, I HAVE, IT'S PRETTY SMALL.

I THINK IT LOOKS LIKE, OH, APPLICANT'S HERE, SO YES.

IF, IF YOU, IT'S CURRENTLY THE MARTIAL ARTS SCHOOL.

YEAH.

OH, THAT'S RIGHT.

OKAY.

SO SORRY.

WE'LL NEED YOUR NAME.

AND FOR THE RECORD, , I, UH, WILL CALDWELL, AND THAT'S CURRENTLY THE MARTIAL ARTS SCHOOL.

OKAY, THANKS.

WILL.

YES, SIR.

YEAH, APPRECIATE THAT.

DO YOU HAVE ANY OTHER QUESTIONS, VICE CHAIR? YES.

UM, THIS IS, UH, TWO PHASES.

MM-HMM.

DOJO GOES IN FIRST.

THE RETAIL GOES IN FIRST.

UH, THE, LET ME LEMME PULL THIS UP, SEE IF I CAN, BECAUSE WE'VE GOT AN EMPTY LOT IN THE CHURCH.

AND SO WE'VE GOT ONE STRUCTURE TO TEAR DOWN THE, SO PHASE ONE IS GOING TO BE THE EMPTY LOT DEVELOPMENT.

THE CHURCH WILL STAY, UM, HIS BUSINESS IS IN THAT, SO HE'LL NEED TO BUILD THAT BUILDING AND THEN HE CAN TRANSFER, TRANSITION OVER TO THE DOJO.

UM, AS PART OF THE DOJO, THERE'LL BE A POSSIBILITY FOR ONE, MAYBE TWO ADDITIONAL RETAIL SPACES THAT HE CAN LEASE FINISH OUT.

UM, I DON'T KNOW THAT, UM, I CAN'T GIVE YOU A TIMELINE ON PHASE TWO.

I THINK IT ALL KIND OF DEPENDS ON, ON FINANCING AND THE MARKET AND, AND HOW PHASE ONE IS GOING FOR, FOR THE LANDOWNER.

UH, BUT, BUT YES, PHASE ONE IS JUST THE, THE CHURCH WILL STAY IS IT'S FOCUSING ONLY ON THE VACANT LOT IN PHASE ONE.

SO, UM, MY PERSPECTIVE ON, ON THIS, OR ANYTHING THAT'S GOING TO BE BUILT VERY CLOSE BY IS THAT THIS IS BEING BUILT NEAR THE, LITERALLY NEAR THE JEWEL OF KYLE.

IF, IF YOU REALLY SPEND MUCH TIME AROUND MARY KYLE HARTSON AND ASK PEOPLE WHY THEY GO THERE AND WHAT THEY ENJOY ABOUT IT, UM, THEY COME FROM ALL THE NEIGHBORHOODS JUST, JUST TO ENJOY THAT PARK.

AND, UH, IT IS A CENTERPIECE FOR THE OLD TOWN.

UM, TO OUR CREDIT, IT WAS FIXED UP VERY NICELY AND IS MUCH ENJOYED.

WE HAVE A, UH, SALES AND, UH, ART FAIRS AND SO FORTH DOWN THERE AROUND THE BLOCK ON WEEKENDS.

SO WHEN I LOOK AT ANYTHING AROUND THERE, I'M LOOKING AT IT AS IF I'M STANDING IN FRONT OF THE CRUDE BUILDING OR WALKING AROUND IT AND LOOKING AND, AND I WANT TO BE SURE THAT FOR ONE THING, UM, THIS PARKING IS A HUGE ISSUE IN MY VIEW, BECAUSE IF THERE'S NOT ADEQUATE PARKING, UM, I DON'T KNOW WHAT THE SITUATION IS NOW, BUT FOR THE KIND OF BUSINESS THAT MAY BE CREATED THERE OR DRAWN THERE, UH, PARKING'S GONNA BE A REAL ISSUE, ESPECIALLY DURING TIMES WHEN THE STREETS ARE BEING USED FOR OTHER ACTIVITIES.

UM, THIS IS IN CBD ONE? UH, TWO, I BELIEVE.

TWO.

OKAY.

NOW, IN D TWO, ABOUT THE WINDOWS, THERE'S A SIDE NOTE, THERE'S A REGULATION ABOUT GLARE FROM THE FACILITIES, UH, WHEN THEY'RE BUILT.

UM, SO THAT MAY BE OF CONSIDERATION WITH THE WINDOWS, BUT IN ANY CASE, UH, I HAVE NOT HAD ACCESS TO THE CHART, BUT, UM, UNDER CBD TWO CHART FOUR OF SECTION 53, 33, UM, IS, UH, WHAT SEEMS TO GOVERN THE PARKING IN THAT AREA.

AND I'M NOT FAMILIAR WITH THAT.

WOULD YOU BE ABLE TO HELP ME UNDERSTAND HOW THAT CHART AND WHAT YOU HOPE TO DO WILL WORK WITH THIS TRAFFIC PROBLEM? SO, UM, I'M GONNA HAVE TO KIND OF TACKLE THIS

[00:50:01]

IN PIECES.

UM, PARKING DOWNTOWN IS GOING TO BE AN ISSUE.

UM, ANY BUSINESSES WE PUT IN IS GONNA BE AN ISSUE.

UM, HAVING SAID THAT, EVERY CITY'S KIND OF MAIN SQUARE, DOWNTOWN HISTORIC HAS THAT SAME ISSUE.

UM, IT'S A VERY URBAN ENVIRONMENT, UM, VERY PEDESTRIAN FRIENDLY.

THE GOAL IS TO GET PEOPLE TO PARK AND WALK UP AND DOWN.

SO, VERY SIMILAR TO SAN MARCUS, VERY SIMILAR TO BUTA.

PARKING IS ALWAYS AN ISSUE.

UM, WE ARE LOOKING AT DOWNTOWN MASTER PLANS, PARKING STRATEGIES.

WE DO NOT HAVE ANYTHING CONCRETE THAT I CAN, I CAN SHARE WITH YOU TONIGHT OR, OR A SILVER BULLET THAT I CAN SAY, NEIL, WE, WE GOT YOU.

WE'RE GONNA TAKE AWAY ALL YOUR CONCERNS ON PARKING.

BUT ULTIMATELY WHAT WE'RE LOOKING AT IS BASED ON THE USE, THEY'RE GONNA HAVE A CERTAIN NUMBER OF PARKING REQUIREMENTS, SPACES THEY HAVE TO MEET.

UM, GIVEN THE SIZE OF THE BUILDING AND JUST THE LIMITED AREA THERE, THERE'S, THEY'RE NOT GONNA MEET THAT.

SO WE'RE GONNA HAVE TO KIND OF TALK ABOUT WHERE DO WE HAVE OPPORTUNITIES TO CREATE ADDITIONAL PARKING, LIKE WE SAID, ON THE SIDE AND THE RIDE OF WAY.

BUT ULTIMATELY PARKING FOR THE SQUARE FOR DOWNTOWN'S NOT GONNA BE HANDLED ON A, ON A BUSINESS BY BUSINESS BASIS.

IT'S GONNA HAVE TO BE A, A, A, A GROUP KIND OF REGIONAL EFFORT.

UM, WHETHER THAT'S SATELLITE PARKING GARAGES, UH, SATELLITE PARKING AREAS.

I MEAN, UH, SOME CITIES HAVE TAKEN THE STANCE WE'RE THEY JUST SAY, OKAY, WELL YOU WE'RE GOING TO SKIN YOUR BUILDING DOWN.

YOU GOTTA PUT EVERYTHING IN THE BACK.

BUT GIVEN THE AREA KIND OF THE NATURE OF THE DEVELOPMENT, UM, I'M NOT SURE THAT'S THE WAY TO GO.

UM, YOU KNOW, THE, THE DOWNTOWN HISTORIC AREA OF KYLE, LIKE YOU SAID, IS, IS THE CROWN JEWEL.

SO I DON'T KNOW THAT WE WANTED TO LIMIT THOSE DEVELOPMENTS JUST TO PUT IN PARKING BEHIND THE RESTAURANT OR BEHIND THE BUSINESS.

UM, SO THAT IS SOMETHING THAT WE HAVE TO WORK OUT THROUGH OUR PARKING AGREEMENT.

UM, WHETHER THAT'S GONNA BE A VARIANCE, WHETHER THAT'S GONNA BE A PAYING TO A FUND TO, TO DO OTHER OFFSITE PARKING, UM, WHETHER THAT'S GONNA BE, MAYBE IT'S ADDITIONAL PARKING NOT ON ADJACENT TO HIS BUILDING, BUT SOMEWHERE ELSE.

I MEAN, WE ALL KNOW IF SOMEONE PARKS AT THE PARK, THEY'RE, THEY'RE WALKING AROUND, THEY'RE SHARING.

SO I THINK THAT'S KIND OF THE GOAL FOR THE DOWNTOWN AREA IS, IS IT PARKING IS GONNA BE, I MEAN, TO ME PARKING WOULD BE CONSIDERED ALMOST LIKE A, A, A UTILITY.

LIKE IT'S GONNA BE A BENEFIT FOR EVERYBODY.

IT'S NOT GONNA BE JUST EACH INDIVIDUAL PERSON.

UM, I DON'T HAVE A REAL HARD ANSWER FOR YOU ON, ON HOW WE'RE GONNA SOLVE ALL OF THE PARKING.

UM, BUT WE CAN ONLY TAKE IT PIECE BY PIECE AT THIS POINT.

YEAH, I, I JUST, UH, HAVE THE THOUGHT OF THE WIMBER LEASE SOLUTION TO THE PROBLEM, WHICH IS TO HAVE NOTHING AT ALL DONE AND PARK THREE MILES AWAY IF YOU WANT TO GET TO YOUR FAVORITE SPOT.

YOU KNOW? WELL, I MEAN, THAT'S A WAY TO PRO TO PROMOTE WALKABILITY AND HEALTHY PARK, YOU KNOW, I GUESS, YOU KNOW, UM, NO, THAT'S NOT SOMETHING THAT I, I THINK WE HAVE IN PLAN OR IN MIND.

WE'RE, THAT'S NOT DEFINITELY SOMETHING, WE'RE NOT TAKING THE, HEY, WE'RE JUST GONNA SIT AND, AND WAIT.

UM, BUT AGAIN, THEY ARE PART OF OTHER PLANS, OTHER PROJECTS, UM, SOME INITIATED BY COMP PLAN, DOWNTOWN MASTER PLAN, SOME INITIATED BY COUNCIL.

SO, UM, THERE'S A LOT OF DISCUSSION ON THIS AREA IN TOWN RIGHT NOW, SO I JUST, I COULDN'T GIVE YOU ANY, ANY KIND OF DIRECTION ON WHAT WILL COME OF ALL OF THAT.

UH, WILL I CANON, FOR THE RECORD, I DO HAVE SOMETHING TO ADD TO IT THOUGH.

UM, WE, IT'S AN INCREMENTAL GROWTH.

WE DID, WE DID PUT IN TOURS NUMBER SIX, THE DOWNTOWN TOURS AT THE END OF LAST YEAR.

AND WITHIN THAT, UH, TOURS, THERE ARE TWO PARKING GARAGES TO BE EVENTUALLY BE FUNDED, BUT IT'S GOING TO TAKE A WHILE.

SO, AS JASON SAID, AND TO ADD ON, TO PUT EMPHASIS ON WHAT HE SAID, FOR THE TIME BEING, A LOT OF THE PARKING AS IS TRADITIONALLY BEEN IN THE DOWNTOWN SQUARE SITUATION, IT IS SHARED PARKING.

UM, WE MAY NEED TO ASK, UH, MR. CALDWELL TO EITHER CONFIRM OR EDIT WHAT I'M ABOUT TO SAY, WHICH YOU ABSOLUTELY CAN'T IF I'M SAYING THIS WRONG.

MOST OF HIS BUSINESS, AS I UNDERSTAND IT, IS WEEKDAYS IN THE EVENING.

AND SO IT, IT, IT, THERE'S PLENTY OF PARKING AT THOSE TIMES ON IF YOU, IF YOU'RE AT ANY POINT EXCEPT FOR A, A CITY COUNCIL MEETING THAT'S WELL ATTENDED BY CITIZENS ON A TUESDAY, BUT OTHERWISE THERE'S REALLY NOT A LOT OF, UH, PARKING CAPACITY ISSUES IN DOWNTOWN IN THE EVENING, DURING THE WEEK.

AND SO, UH, WE DO HAVE EVEN WITHIN OUR CURRENT CODE, OPPORTUNITIES TO ENTER INTO SHARED PARKING ARRANGEMENTS AND WHAT HAVE YOU AS WELL.

SO, UH, AND GIVEN THE FACT WITH HIS PHASE TWO, WHEN IT HAPPENS, HE'S INTENDING TO ADD TO THE SUPPLY OF THE DOWNTOWN PARKING, I THINK THAT GOES A LONG WAY IN TERMS OF WHAT HE'S PROPOSING BETWEEN THE PROPOSED ELEVATIONS HERE AND THEN HIS FUTURE SECOND PHASE.

YEAH.

WILL BROUGHT UP A GOOD POINT, UM, ABOUT THE TOURS AND, AND HOW WE'RE USING THAT MONEY TO FUND ADDITIONAL PARKING, PARKING GARAGES, IMPROVEMENTS.

[00:55:01]

I THINK THAT'S SOMETHING TO KEEP IN MIND IS, UH, THIS, THIS PHASE ONE AND PHASE TWO ARE GOING TO CONTRIBUTE TO THAT FUND SO THAT WE CAN HELP, UH, MOVE THOSE PARKING PLANS ALONG.

WELL, FINALLY FOR ME, I JUST HAVE THE ODD THOUGHT WITH SOME HUMOR THAT, UH, RECENTLY WE REQUIRED A DEVELOPER TO BUILD THE GARAGE BEFORE THEY GOT THE WHOLE PROJECT DONE.

, IT SEEMED, IT WOULD BE NICE IF WE COULD DO THAT TOO, YOU KNOW? YEAH.

I THINK, UH, I THINK THE SCALE'S A LITTLE BIT DIFFERENT.

UM, 30,000 A SPACE MIGHT BE A MUCH FOR GARAGE FOR, FOR MR. CALDWELL'S DOJO, BUT YEAH.

BUT WE WILL NEED ONE.

YES.

AND, AND THOSE ARE IN THE PLANS, LIKE I SAID, IT'S NOT LIKE WE'RE, WE'RE OPERATING A VACUUM ON THIS ONE.

I MEAN, WE'RE JUST HAVING TO, A LOT OF MASTER PLANS, A LOT OF COMP PLANS, A LOT OF UPDATES THAT, THAT WE'RE TRYING TO WEAVE TOGETHER ON THIS ONE.

AND WE NEED THE BUSINESSES IN ORDER FOR, TO HELP FUND THE TURS TO HELP BUILD THOSE, UH, PARKING GARAGES.

SO YEAH, NO BUSINESS, NO, NO PARKING NEED.

EXACTLY.

IT IS KIND OF AN INTERESTING CASE.

SO THERE IS THAT, YOU KNOW, UM, HIS MIC'S OFF, SO I THINK, OKAY.

OKAY.

ALRIGHT.

UM, ACTUALLY I'M VERY EXCITED ABOUT THIS BECAUSE IF YOU KNOW MY HISTORY, YOU KNOW, I'VE ALWAYS BEEN A PROPONENT OF DOWNTOWN REVITALIZATION.

AND SO HAVING FIRST OF ALL A BUILDING VERSUS AN EMPTY LOT NUMBER ONE WITH BUSINESSES OKAY, WILL HELP OUT TREMENDOUSLY.

AND WHEN WE START THAT GROWTH, WE, HOPELY GROWTH CONTINUES.

AND SO I VERY MUCH APPRECIATE YOU LOOKING AT DOWNTOWN AND LOOKING AT HELPING TO REVITALIZE DOWNTOWN.

SO THANK YOU FOR THAT.

ALL RIGHT.

UM, AND IN REGARDS TO THE PARKING, YEAH, I KNOW THAT IN THE TUR SIX THERE ARE SOME PARKING GARAGES AND YEAH.

UM, THAT WILL, UM, HOPEFULLY HELP LATER ON, BUT EVEN NOW WHEN MOST OF THE, THE PARK, UM, AREA IS NEEDED FOR PARKING AND EVERYTHING, LUCKILY, UM, THE, UH, FRONT, I'M LOSING MY, UH, THOUGHT PROCESS ON THE, UH, ROAD NAME, SO PLEASE BEAR WITH ME.

THE ONE, UH, THAT ACTUALLY WORRIES, UH, FACING MARY HARTS AND CLARK, THAT ROAD, UM, THAT WILL PROVIDE MORE PARKING SPACES FOR THOSE VISITORS TO THE PARK.

UM, AND ESPECIALLY FOR THINGS LIKE, YOU KNOW, UH, KYLE MARKET DAYS AND WHEN WE DO OTHER, UH, THINGS AT THE PARK, SO THAT WILL PROVIDE MORE PARKING.

UM, AND SO, UH, YOU KNOW, SO I'M, I'M FOR THIS.

SO THANK YOU VERY MUCH FOR YOUR PROJECT.

DO YOU HAVE ANY COMMENTS, COMMISSIONERS, SERATO? NO, THANK YOU.

OKAY.

MAKE A MOTION TO APPROVE, UH, MADAM CHAIR, JUST ONE.

DO YOU WANNA GET YOUR MOTION IN OR OR, OR NOT? SORRY, NEIL, YOU STARTED.

OH, THAT'S OKAY.

OKAY.

SO JUST I THINK YOUR ARM WRESTLE.

JUST ONE LAST QUESTION AND I DON'T KNOW HOW IT WORKS WITH DOWNTOWN PARKING.

SO, UH, I THINK THE PARKING OUT FRONT OF THAT LOCATION RIGHT NOW, SEVEN SEVEN SPOTS ONE, ONE HANDICAP, IS THAT, WOULD THAT BE DESIGNATED, LIKE PUT SIGNS ON IT SAYING FOR KYLE DOJO USERS ONLY? IS THAT ALLOWED? NO.

MM-HMM.

NO.

IT'S ALL, SO THAT'S FIRST COME, FIRST SERVE THEN? YEAH.

IT'S FIRST COME FIRST SERVE FOR ANYBODY, UM, IN THAT AREA.

SORRY.

I WILL, .

OKAY.

THANK YOU.

THANK YOU.

CLARIFY, MAKE A MOTION TO APPROVE.

SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE THE CONDITIONAL USE PERMITS FOR THE MARTIAL ARTS AND LEASEABLE OFFICE RETAIL SPACE LOCATED AT ONE ONE.

BUT I WOULD LIKE TO AMEND THAT WITH, UH, THE SITE PLAN TO BE, UH, APPROVED ADMINISTRATIVELY BY STAFF.

I THOUGHT THAT WAS INCLUDED IN THE MEMO.

I'LL SECOND THE AMENDMENT, WHICH IS EASIER.

CAN, OKAY.

I'M, I DON'T KNOW WHAT ORDER TO DO THIS 'CAUSE I DIDN'T FINISH RESTATING THE ORIGINAL MOTION.

UH, SO I'M GONNA STATE THE ORIGINAL MOTION AND THEN THE AMENDMENT.

SO THE ORIGINAL MOTION WAS TO APPROVE THE CONDITIONAL USE PERMIT THAT WAS MADE BY COMMISSIONER SIEGEL AND SECONDED BY COMMISSIONER SHEEL.

UH, AND THEN THERE IS AN AMENDMENT TO THE MOTION FROM COMMISSIONER SHIELD TO, UH, CONDITION THAT ON THE APPROVAL OF THE SITE PLAN.

AND I SECONDED THAT ONE.

IS THERE ANY DISCUSSION ON THE AMENDMENT TO THE MOTION? NO.

OKAY.

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

A AYE, AYE.

AYE.

FORGOT TO SAY.

AND ALL THOSE OPPOSED SAY NAY.

[01:00:01]

GREAT.

OKAY, SO WE HAVE THE AMENDMENT.

SO, UM, ANY DISCUSSION ON, UH, THE AMENDED MOTION BEFORE WE VOTE? OKAY.

ALL THOSE IN FAVOR OF THE AMENDED MOTION.

TO APPROVE THE CONDITIONAL USE PERMIT, PLEASE SAY AYE.

AYE.

A AYE, AYE.

ALL OPPOSED? OKAY, THAT PASSES FIVE TO ZERO.

THANK YOU.

THANK YOU COMMISSIONERS.

OKAY, ITEM

[4) Consider approval of a request to remove a 41" Live Oak tree per Sec. 54-12 for a tree located at 2242 Kohlers Crossing. ]

4.4, CONSIDER APPROVAL OF A REQUEST TO REMOVE A 41 INCH LIVE OAK TREE PER SECTION 54 DASH 12 FOR A TREE LOCATED AT 2 2 4 2 KOHLER'S CROSSING.

UM, I DO HAVE A PUBLIC COMMENT FORM ON THIS ONE, BUT WE DON'T HAVE A HEARING ON THIS ONE, SO I'M NOT SURE HOW THIS WORKS.

WHAT DO I DO IF THEY WANT TO COME UP AND TALK, BUT I DON'T KNOW.

ARE YOU, I'M JUST HERE FOR QUESTIONS.

OH, YOU OKAY.

GOT IT.

OKAY, GOTCHA.

ALRIGHT.

UH, KAYLA SHARP, SENIOR PLANNER.

YES, WE DO HAVE THE APPLICANT HERE TO ANSWER ANY QUESTIONS.

THERE'S NOT A PUBLIC HEARING ON THIS ITEM, UM, BUT THE APPLICANT IS HERE, SO IF YOU HAVE ANY QUESTIONS FOR THEM, UM, WE CAN BRING HER UP.

UM, SO THIS IS A TREE REMOVAL REQUEST FOR ABBOTT'S FROZEN CUSTARD.

UM, I'M GONNA GIVE YOU A LITTLE BIT OF A WARNING.

NOW.

THIS ONE'S A LITTLE BIT DIFFICULT TO FOLLOW, SO BEAR WITH ME.

UM, SO THE APPLICANT IS REQUESTING PERMISSION TO REMOVE A 41 INCH LIVE OAK TREE AT 2 2 4 2 KOHLER'S CROSSING.

UM, THIS IS NEAR THE INTERSECTION OF KYLE CROSSING AND KOHLER'S CROSSING.

UM, IT'S PROBABLY A LITTLE BIT HARD TO SEE UP HERE, BUT I HAVE THE, THE TREE OUTLINED THIS AERIAL IMAGE WAS FROM JUNE.

THEY HAVE SINCE BEGUN CONSTRUCTION, BUT IT'S ON THE BACKSIDE OF THE PROPERTY.

SO THIS TREE WAS INITIALLY INCLUDED ON THE CALERA APARTMENT SITE PLAN.

IT WAS LABELED AS A 37 INCH LIVE OAK TREE IN GOOD CONDITION.

THAT MEANS THAT IT WOULD MAKE THAT TREE A SPECIMEN TREE UNDER THE, UM, CITY CODE AND WOULD REQUIRE PRESERVATION.

UM, AS SUCH, THE SITE WAS, AS YOU SAW IN THE PREVIOUS SLIDE, CONSTRUCTED AROUND THE PRESERVATION OF THIS TREE.

UM, HERE IS, UM, AN EXAMPLE FROM THE SITE PLAN.

UM, THE, THE TREE AT THE TOP IS THE, UM, WHAT WAS LABELED AS THE 37 INCH LIVE OAK TREE THAT WAS IN GOOD CONDITION.

YOU CAN SEE THEY CONSTRUCTED THE DRY VILE AROUND, UM, THAT TREE WITH THE INTENT OF PRESERVING IT.

AND THEN AT THE BOTTOM THERE IS A TREE THAT IS LABELED AS A 41 INCH LIVE OAK THAT WAS IN FAIR CONDITION AND TO BE REMOVED.

UM, THE PLANNING AND ZONING COMMISSION DID APPROVE THE REMOVAL REQUEST FOR THAT TREE IN OCTOBER OF 2021 BASED ON THE CONDITIONS STATED HERE ON THE SITE PLAN.

AND GIVEN THAT IT WAS WITHIN THE BUILDING, UM, THAT WAS GRANTED PERMISSION TO BE REMOVED.

SO WHEN ABBOTTS WENT TO, UH, BEGIN CONSTRUCTION, THEY DISCOVERED THAT THIS TREE, AND I'M GONNA KIND OF START REFERENCING THEM BY THEIR NUMBERS, JUST TO KIND OF KEEP, UM, IT'S A LITTLE BIT EASIER TO FOLLOW THAT WAY.

UM, TREE NUMBER 1355 HAD DIED.

UM, AND THEY'RE REQUESTING REMOVAL PER, UM, SECTION 54 DASH 12.

UM, WHEN STAFF REVIEWED THAT REQUEST, WE DISCOVERED THAT THERE WAS AN ERROR MADE BETWEEN THE ORIGINAL SITE PLAN, UM, AND THE TREE SURVEY THAT WAS PROVIDED UNDER THE SAME APPLICATION.

UM, THE TREE REPORT IDENTIFIED TREE 1355 AS A 41 INCH LIVE OAK IN FAIR CONDITION, WHICH IS THE ONE THAT WAS LABELED ON THE SITE PLAN AS A 37 INCH LIVE OAK IN GOOD CONDITION.

AND THEN TREE 1344 WAS A 37 INCH LIVE OAK IN GOOD CONDITION.

UM, ON THE SITE PLAN, THIS IS THE ONE THAT WAS LABELED THE 41 INCH IN FAIR CONDITION.

SO ESSENTIALLY THEY WERE REVERSED ON THE SITE PLAN.

UM, AND THIS ONE, THE WHAT WAS ACTUALLY THE 37 INCH LIVE OAK WAS REMOVED PRIOR TO CONSTRUCTION OF THE APARTMENTS.

UM, THEY DID PAY OUR FEE IN LIEU AT THE TIME FOR THE REMOVAL OF THAT TREE.

UM, HERE IS THE TREE REPORT ON THE 41 INCH LIVE OAK.

UM, AS YOU CAN SEE HERE, IT DOES STATE THAT IT IS NOT A SPECIMEN TREE PER CITY DEFINITIONS.

UM, SO WHEN WE GET INTO KIND OF THE MITIGATION PLAN, UM, HERE IN A MOMENT, WE ARE BASING OUR DETERMINATION ON WHAT WAS ON THE APPROVED SITE PLAN.

UM, SO THAT WOULD BE THE 37 INCH LIVE OAK IN GOOD CONDITION.

AND THEN HERE IS THE TREE REPORT ON THAT 37 INCH LIVE OAK.

UM,

[01:05:01]

SO LIKE I SAID, BECAUSE OF THE ERROR, UM, WE'RE BASING, UM, OUR DETERMINATION OFF OF THE APPROVED SITE PLAN, WHICH WAS A 37 INCH LIVE OAK IN GOOD CONDITION.

UM, SO ESSENTIALLY FOR MITIGATION FOR A SPECIMEN TREE, THE REPLACEMENT IS AT A RATIO OF TWO TO ONE AND ANY TREES REPLACED ON SITE MUST BE A MINIMUM OF FOUR CALIPER INCHES PER TREE.

EXCUSE ME.

UM, THEN WE KIND OF GET INTO WHAT OUR OTHER OPTIONS ARE.

WE DO HAVE AN UPDATED TREE SURVEY, UM, ON THE CONDITION OF THE TREE.

UM, HOWEVER, FOR MITIGATION, UM, OUR CODE STATES THAT SPECIMEN TREES THAT ARE FATALLY DAMAGED DURING CONSTRUCTION ARE SUBJECT TO REPLACEMENT AT A THREE TO ONE RATIO.

UM, SPECIMEN TREES REMOVED PRIOR TO CONSTRUCTION, UM, ARE SUBJECT TO REPLACEMENT AT TWO TO ONE.

AND THEN, UM, PROTECTED TREES WHICH ARE 12 TO 25 INCHES, WHICH, UM, WOULD NOT BE THIS ONE ARE SUBJECT TO REPLACEMENT RATIO AT 1.5 TO ONE.

SO THE APPLICANT IS PROPOSING REPLACEMENT AT A ONE TO ONE RATIO BECAUSE OF THE ERROR MADE ON THE ORIGINAL SITE PLAN.

UM, THEY'RE, UM, PROPOSING REPLACEMENT ON SITE WITH THREE TREES TOTALING 10 CALIBER INCHES.

UM, AND THEY'RE PROPOSING MITIGATION FOR THE REMAINING 31 INCHES USING OUR FEE IN LIEU, WHICH IS $300 PER CALIBER INCH INCH.

SO HERE ARE KIND OF OUR OPTIONS FOR, UM, MITIGATION THAT WE'RE LOOKING AT.

UM, KIND OF THE, THE EXTREME ROOT WOULD BE A SPECIMEN TREE DAMAGED DURING CONSTRUCTION.

UM, FOR A 37 INCH LIVE OAK, THEY WOULD BE REQUIRED TO REPLACE 111 CALIBER INCHES.

UM, IF WE ASSUME THE 10 INCHES OF REPLACEMENT ON SITE, THE REMAINING FEE IN LIEU WOULD BE JUST OVER $30,000.

UM, IF WE FOLLOW THE REMOVAL OF A SPECIMEN TREE PER THE APPROVED SITE PLAN, THEY WOULD BE LOOKING AT A REPLACEMENT OF 74 CALIBER INCHES.

UM, AGAIN, ASSUMING THE 10 INCHES OF REPLACEMENT ON SITE, UM, THEY'RE LOOKING AT A FEE IN LIEU FOR 64 INCHES OF $19,000.

UM, AND THEN WITH THEIR PROPOSED MITIGATION PLAN OF ONE TO ONE AND 10 INCHES OF REPLACEMENT ON SITE, THE FEE IN LIEU WOULD BE ABOUT $9,000.

UM, SO LIKE I SAID, THE APPLICANT IS PROPOSING REPLACEMENT AT A ONE-TO-ONE RATIO.

UM, THE APPLICANT BELIEVES THAT THE TREE SHOULD NOT HAVE BEEN PRESERVED DUE TO ITS CONDITION PRIOR TO THE START OF CONSTRUCTION, UM, AND THAT THE TREE DIED OF NATURAL CAUSES RATHER THAN BECAUSE OF THE CONSTRUCTION.

UM, AS THE TREE IS NOW DEAD AND DUE TO THE ERROR ON THE ORIGINAL SITE PLAN, STAFF IS RECOMMENDING APPROVAL AND MITIGATION AT THE SPECIMEN RATE PER THE APPROVED SITE PLAN OF 37 INCHES AT A TWO TO ONE RATIO, UM, WHICH WAS THE 10 INCHES REPLACED ON SITE FEE IN LIEU OF 19,000.

UM, IF THE TREE IS NOT REMOVED, THERE IS A RISK OF IT FALLING AND CAUSING PROPERTY DAMAGE OR IN INJURIES.

UM, SO WE, WE ARE REQUESTING REMOVAL.

UM, THE OPTIONS WOULD BE, UM, ESSENTIALLY HOW, HOW WE WANT TO GO ABOUT, UM, MITIGATING EITHER AT THE, UM, SPECIMEN TREE DAMAGE DURING CONSTRUCTION, STANDARD REMOVAL OF A SPECIMEN TREE OR THE PROPOSED MITIGATION PLAN AS PRESENTED BY THE APPLICANT.

THAT'S ALL I HAVE FOR YOU.

DO YOU HAVE QUESTIONS? I'M SURE THERE ARE QUESTIONS, .

THANK YOU.

YEAH.

UM, APPLICANT'S HERE.

YES.

AND JUST A REMINDER, THE APPLICANT IS HERE AS WELL.

OKAY.

UM, JUST TO MIX THINGS UP A LITTLE BIT, INSTEAD OF STARTING ON MY RIGHT, WE'RE GONNA START ON MY LEFT AND WORK OUR WAY.

RIGHT.

JUST TO KEEP THINGS SPICY, YOU KNOW.

UM, COMMISSIONER SERATO, DO YOU HAVE ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS.

OKAY.

COMMISSIONER SHIELD, CAN YOU GO BACK TO THE, UH, PREVIOUS ONE THAT HAD THE, UH, KEEP GOING.

THIS ONE, THIS ONE.

CAN WE DO MAYBE A KIND OF CONVERSION OF THIS A LITTLE BIT WHERE IF WE SAY, BECAUSE I LIKE THE TWO TO ONE REPLACEMENT JUST BECAUSE MORE TREES, I LIKE MORE TREES, BUT, AND, AND FEE, BUT FEE IN LIEU BE THE 9,300.

COULD WE DO THAT? UM, I THINK THAT WOULD KIND OF BE MORE OF A, A LEGAL QUESTION BASED ON THE CODE REQUIREMENTS.

MM-HMM.

, I GUESS FOR ME THEY'RE, THEY'RE ONE AND THE SAME BECAUSE RIGHT NOW THEY'RE, THEY'RE

[01:10:01]

PROPOSING TO PUT SOME TREES ON SITE WHICH ADD UP TO 10 INCHES NO MATTER WHAT, AND THEN THE REST WOULD BE FEET AND LOSE.

SO IT REALLY WOULD ONLY BE, UM, THE PROPOSED MITIGATION OPTION OF, OF THEIR 9,300 THAT THEY'RE PROPOSING OR, OR THE 19 19 2, BECAUSE EITHER WAY YOU'RE STILL GETTING THE THREE REPLACEMENT TREES ON SITE.

OKAY.

ALL RIGHT.

THANK YOU COMMISSIONER STEVEN? YES, THERE IS QUITE A LOT TO FOLLOW HERE, BUT I'VE GOT A QUESTION BEGINNING AT THE BEGINNING WHO MADE THIS MISTAKE? SO ULTIMATELY IT'S KIND OF A COMBINATION OF THINGS.

UM, IT SOUNDS LIKE FROM, FROM WHAT WE'VE GATHERED, UM, SOUNDS LIKE THERE WAS MAYBE A LACK OF COMMUNICATION BETWEEN THE CIVIL ENGINEER AND THE, UM, THE ARBORIST THAT DID THE TREE SURVEY.

UM, THAT'S, THAT'S OUR BEST GUESS.

IF WE COULD GO THREE YEARS BACK AND CATCH THIS, UM, THAT WOULD'VE BEEN IDEAL.

UM, BUT THAT'S KIND OF THE CONCLUSION WE'VE COME TO IS THAT THERE WAS JUST MAYBE SOME MISCOMMUNICATION BETWEEN THE, THE CIVIL ENGINEER AND THE, THE ARBORIST WHEN CREATING THE PLANS.

SO I WON'T SPEAK FOR HIM, BUT I BELIEVE COMMISSIONER DELORE AND MYSELF AGREE THAT THAT TREE IS QUITE DEAD .

SO INDEED THE CHOICE IS WHAT, WHAT TO DO AS A RESULT AND, UH, 10 INCHES ON SITE REPLACEMENT.

EXPLAIN THAT TO ME.

SO WITH WITH THE WAY OUR MITIGATION, UM, REQUIREMENTS GO, YOU ESSENTIALLY HAVE TO REPLACE AS MANY CALIBER INCHES ON SITE AS POSSIBLE.

UM, SO WE WERE BASING THIS OFF OF WHAT THEY WERE PROPOSING TO REPLACE ON SITE, WHICH IS 10 CALIBER INCHES.

UM, THEY'RE PROPOSING TO REPLACE IT WITH THREE TREES.

SO THE TREES COMBINED AT TIME OF PLANTING WOULD BE, UM, WOULD ACCOUNT FOR 10 CALIBER INCHES, ESSENTIALLY.

SO WE LOSE A 30 SEVENER FOR THE REASONS STATED, AND WE WOULD REPLACE IT WITH 12 INCHES OF FOUR CALIBER, FOUR INCH CALIPER TREES.

SO WHAT THEY'RE PROPOSING IS TWO THREE INCH CALIPERS AND ONE FOUR INCH CALIBER, AND THAT, THAT IS AT TIME OF PLANTING.

AND I BELIEVE THEY WERE PROPOSING, UM, UH, A COUPLE DIFFERENT TYPES OF OAK TREES THAT WOULD GROW LARGER OVER TIME.

THAT WAS MY NEXT QUESTION TO ME.

I'M NOT DOING THE MATH, BUT, UH, LOOKING AT CALIPER INCHES, THE ONE UNDER PROPOSED MITIGATION PLAN IS, UH, SLIGHT COMPARED TO WHAT WAS LOST IN THIS MISTAKE.

UM, SO I UNDERSTAND THAT THE FEE IN LEWIS SUBSTANTIALLY LESS THAN ANY OTHER, BUT I'M NOT QUITE SATISFIED WITH THE, UH, REPLACEMENT OF, UH, TWO THREE INCH CALIPERS.

I MEAN, THAT'S, THOSE ARE STICKS.

SO I WILL SAY THE ONSITE REPLACEMENT PROBABLY WILL NOT CHANGE.

UM, REGARDLESS OF WHICH OPTION IS CHOSEN, JUST DUE TO THE SITE CONSTRAINTS, THE TREES, YOU KNOW, HAVE TO HAVE ENOUGH ROOM TO GROW.

UM, SO THE, THE ACTUAL ONSITE REPLACEMENT IS NOT LIKELY TO CHANGE.

THE FEE IN LIEU GOES TO A TREE REPLACEMENT FUND THAT ULTIMATELY BENEFITS, UM, CITY PARKS ESSENTIALLY.

SO IF THAT SITE CAN'T ACCOMMODATE ANY MORE TREES, IT WOULD NOT IN THE FIRST PLACE HAVE BEEN ABLE TO ACCOMMODATE THE TREE THAT DIED.

WE DO BELIEVE THAT THERE WAS LIKELY NOT ENOUGH ROOM LEFT FOR THE, WHAT'S CALLED THE CRITICAL ROOT ZONE WHEN THAT DRY VIAL WAS CONSTRUCTED AROUND IT.

UM, AND ALSO JUST THE DISTURBANCES FROM CONSTRUCTION.

UM, THAT AND SOME NATURAL CAUSES, UM, ESPECIALLY GIVEN THE ORIGINAL CONDITION, PROBABLY ALL PLAYED, PLAYED A ROLE IN THE ULTIMATE DIFFICULT CONVERSATION FOR ME, ME FOR THE REASON THAT OBVIOUSLY PEOPLE WERE ABSOLUTELY CARELESS IN THE LOSS OF A MAJOR TREE.

AND, UM, UH, I DON'T KNOW WHAT TO SAY IN SUCH SITUATIONS.

'CAUSE WE CAN PLANT WHAT WE WILL AND IT'S NEVER GOING TO, UH, TO, UH, UNDO ANYTHING.

UM, SO I WANT TO BE VERY CLEAR ON THAT.

UM, WE HAD HAD SOME DISCUSSION.

THERE'S SPO TREE SURVEYS ARE SUPPOSED TO BE DONE AND WE TRUST THAT PROCESS.

WELL, OBVIOUSLY WE CAN'T ALWAYS, AND WE CANNOT REPLACE TREES LIKE THAT.

AND MUCH OF THIS CITY ON THE ALCON'S ASCAR HAS A VERY MIX PICTURE AS TO, YOU KNOW, THE KIND OF LEGACY TREES WE HAVE OR SPECIMEN TREES.

SO I'M VERY DISAPPOINTED THAT WE'RE EVEN HAVING THIS DISCUSSION IN THE FIRST PLACE, BUT I DO NOT SEE PROMO PROPOSED MITIGATION PLAN.

I'M

[01:15:01]

UNHAPPY WITH IT.

IF YOU SAY THAT THAT'S WHAT THE SITE WILL ALLOW, THEN THAT'S WHAT THE SITE WILL ALLOW.

BUT I'M FRANKLY, PERSONALLY DISAPPOINTED WITH THAT.

UM, IT, UH, IT'S REPLACING REALLY THE LOSS OF TWO TREES OR AT LEAST ONE SIGNIFICANT ONE.

SO THAT'S ALL I HAVE TO SAY.

OKAY.

UM, SO I, I FIRED QUESTIONS AT YOU EARLIER TODAY AND YOU DID ANSWER THEM, BUT I'M GONNA ASK 'EM ANYWAY IN CASE OTHER PEOPLE WHO ARE WATCHING HAVE THE SAME QUESTIONS.

UH, SO THE ORIGINAL TREE REPORT, IT STATES THAT THE TREE SHOULD NOT BE CONSIDERED A SPECIMEN TREE.

IT HAD EXCESSIVE CAVITIES TO K AND LANE THAT WAS IN 2021.

UM, SO IF IT'S NOT CONSIDERED A SPECIMEN TREE AT THAT SIZE, 41 INCHES, WHAT KIND OF TREE IS IT? WHAT, WHAT IS THAT CONSIDERED UNDER THE, THE CITY CODE? SO GENERALLY IT WOULD LIKELY HAVE BEEN CONSIDERED, ESPECIALLY IF IT WAS, YOU KNOW, WITHIN, UM, AN AREA WHERE CONSTRUCTION WAS GOING TO TAKE PLACE.

UM, THERE MIGHT HAVE BEEN SOME REQUIREMENTS FOR MITIGATION AT A LESSER RATE OR EVEN, UM, JUST AT THE, AT THE SPECIMEN RATE.

UM, IT WAS CERTAINLY IN BETTER CONDITION AT THE TIME THAN IT IS NOW .

UM, AND SO IF, IF I REMEMBER FROM THE TREE REPORT, UM, CORRECTLY THERE, THERE MIGHT HAVE BEEN SOME OPTIONS FOR POTENTIALLY SAVING THE TREE.

NOT SAYING IT WOULD HAVE KEPT IT ALIVE, BUT I BELIEVE AT THE TIME THERE WERE SOME POTENTIAL OPTIONS FOR, YOU KNOW, REMOVING SOME OF THAT DECAY AND THINGS LIKE THAT, THAT WOULD MAYBE AT LEAST PROLONG THE LIFE OF THE TREE.

OKAY.

UM, AND THEN MY OTHER QUESTION, THE CITY CODE, UM, THE ORDINANCE I THINK IS 54 DASH 12 C EIGHT.

IT'S DEFINING WHAT REMOVAL OF A TREE IS, AND THAT'S AN ACT THAT CAUSES OR MAY REASONABLY BE EXPECTED TO CAUSE A TREE TO DIE GIVEN THAT THIS TREE IS ALREADY DEAD.

WHAT ARE THE RULES ABOUT REMOVING AN ALREADY DEAD TREE? BECAUSE IT SEEMS LIKE THIS IS WRITTEN ABOUT LIVE TREES.

SO IF YOU HAVE A DEAD TREE, WHAT'S THE RULE? SO GENERALLY WHEN IT COMES TO TREES THAT ARE ALREADY DEAD, YOU KNOW, OF COURSE WE WANT TO HAVE THEM REMOVED AND IF APPROPRIATE, UM, REPLACED, UM, THIS ONE IS INTERESTING BECAUSE OF THE ERROR MADE BETWEEN THE SITE PLAN AND THE TREE SURVEY.

UM, STAFF HAS TAKEN THE STANCE THAT WE'RE, WE'RE FOLLOWING THE APPROVED SITE PLAN.

THIS ENTIRE SITE WAS CONSTRUCTED AROUND SAVING A, WHAT WAS BELIEVED TO BE A 37 INCH LIVE OAK TREE IN GOOD CONDITION.

UM, AND SO STAFF HAS BEEN, UM, TAKING THE STANCE THAT WE NEED TO MITIGATE WHAT WAS ON THE APPROVED SITE PLAN.

UM, BECAUSE THAT'S, THAT'S WHAT WAS APPROVED, THAT'S WHAT WE THOUGHT WE WERE GETTING.

THE SITE WAS CONSTRUCTED AROUND THAT TREE.

UM, AND SO THE REMOVAL OF IT NEEDS TO BE, UM, NEEDS TO GO THROUGH THE MITIGATION PROCESS.

OKAY.

UM, ARE THERE ANY OTHER QUESTIONS FOR STAFF OR CAN I GO AHEAD AND MAKE COMMENTS? OKAY.

UM, YEAH, I'VE CHEWED ON THIS ONE FOR, FOR A FEW DAYS.

UH, AND WHEN I WAS PREPARING FOR THE MEETING, I DID LOOK UP THE, THE PROPERTY ON THE HAY HAYES CAD WEBSITE.

UM, AND I SAW THAT THE PLAT OR THE, THE SITE WAS PLATTED AND DEEDED IN 2023.

SO THAT WAS WELL AFTER THE ERROR THAT WAS MADE BY THE CITY OR CALERA OR WHOMEVER OWNED THE CIVIL ENGINEER AND THE ARBORIST.

UM, SO FAIR CONDITION WAS THE STATE OF THE TREE IN 2021.

IT WAS ALREADY AT THAT TIME NOT TO BE CONSIDERED A SPECIMEN TREE.

AND THEN, UM, CONSTRUCTION HAPPENED.

WE HAVE NO IDEA IF THAT CAUSED AN ISSUE FOR THE TREE.

I DO KNOW THAT WE'VE HAD TREMENDOUS DROUGHT FOR THE LAST TWO YEARS, WHICH IS PROBABLY MORE THAN ANYTHING, UM, HURT THAT TREE.

SO FROM 2021 TO 2023 AFTER THE CONSTRUCTION IN THE DROUGHT, I, I JUST CAN'T IMAGINE THAT THERE WOULD BE ANY SAVING THIS TREE WHEN THE OWNER OF THE, OF THE PROPERTY TOOK CONTROL OF IT IN 2023.

UM, AND I REALLY JUST, IT DOESN'T SIT WELL FOR ME THAT THE CURRENT OWNER IS ON THE HOOK FOR THE MISTAKE MADE BY SOMEBODY ELSE.

UM, ESPECIALLY ON THE 2023 PRICES FOR A SPECIMEN TREE WHEN IT'S NOT A SPECIMEN TREE.

UM, SO I PERSONALLY SUPPORT THE, UM, PROPOSED MITIGATION PLAN FROM THE APPLICANT AND I'M GOING TO MAKE A MOTION TO APPROVE OR, YEAH, I'M GONNA MAKE A MOTION TO APPROVE THE PROPOSED MITIGATION PLAN.

UM,

[01:20:01]

I DEFINITELY LIKE TREES.

I, I WANT TREES IN OUR COMMUNITY.

UM, I KNOW WE'RE LIMITED ON WHAT CAN BE ADDED TO THE SITE.

WE CAN NEVER REPLACE THE TREES THAT HAVE BEEN TAKEN OUT AND THOSE INCHES THAT HAVE BEEN LOST, WE CAN'T DO THAT.

BUT, UM, I THINK REPLACING AS MUCH AS POSSIBLE ON SITE, UM, IS REALLY THE MOST WE CAN ASK.

AND, UM, THE ONE-TO-ONE RATIO FOR THE FEE AND LIE, I THINK IS ONLY FAIR GIVEN THE, THE HEADACHE FOR THE OWNER OF THE LAND.

UH, AND THE CITY AND THE PREVIOUS PEOPLE'S MISTAKE.

THEY SHOULDN'T BE, IN MY OPINION, FOOTING THE BILL FOR THAT.

EVEN IF WE LOSE TREES, IT'S, IT'S WHAT MY, MY TUMMY TELLS ME.

SO.

OKAY.

UM, IS THERE ANYONE WHO WILL SECOND MY MOTION? I WILL SECOND IT.

OKAY.

SO WE HAVE A MOTION TO APPROVE THE PROPOSED MITIGATION PLAN FROM MYSELF AND SECONDED BY COMMISSIONER SHEEL.

IS THERE ANY DISCUSSION ON THAT MOTION? JUST A COMMENT.

AND THAT IS THAT YOU WERE, I BELIEVE, MAKING THE POINT THAT IT WAS TOO BAD THAT AN EARLIER PARTY HAD MADE THIS MISTAKE AND IT'S SORT OF RULED ON DOWNHILL AND, UH, AND, UH, BURDEN SOMEBODY ELSE WITH THE MISTAKE.

I UNDERSTAND THAT THE, THE, THE ISSUE IS THOUGH, WHEN YOU'RE DOING BUSINESS, YOU GOTTA REALLY PAY ATTENTION TO WHO YOU'RE DOING BUSINESS WITH.

AND IF THERE'S A PROBLEM LIKE THIS, IT'S BETWEEN THE PEOPLE WHO CREATED THE PROBLEM AND THE PEOPLE WHO BOUGHT INTO THE SITUATION.

AND, UM, AS FAR AS I'M CONCERNED, WE'RE OUT OF THAT.

IT MAKES NO DIFFERENCE.

I SUPPORT YOUR MOTION, BUT I JUST WANNA BE CLEAR THAT, UM, THAT HISTORY HAS NOTHING TO DO IN MY OPINION WITH ROSE PROPOSED MITIGATION PLAN.

UM, PEOPLE HAVE TO PAY FOR MISTAKES, EVEN IF IT'S UNINTENTIONAL.

UH, IT'S DUE TO CARELESSNESS ON THEIR PART, WHATEVER THE CASE.

UM, ORIGINALLY THERE WAS AN ACT OF INCOMPETENCE HERE AND, UH, SOMEBODY HAS TO PAY FOR IT.

ANY OTHER COMMENTS ON THE MOTION? NO.

OKAY.

UM, AGAIN, THE MOTION IS TO APPRO APPROVE THE PROPOSED MITIGATION PLAN FOR THE TREE REMOVAL.

ALL THOSE IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

AYE.

ALL OPPOSED SAY NAY.

OKAY.

MOTION PASSES.

FIVE TO ZERO.

AYE.

SORRY I WAS A LITTLE LATE.

OFFICIALLY FIVE TO ZERO.

THANK YOU.

UM, OKAY.

ITEM

[5) Consider and possible action on a recommendation to the City Council regarding an Ordinance proposing sign and zoning code amendments to Ch. 29 and Ch. 53 of the City of Kyle Code of Ordinances.    Public Hearing ]

4.5, CONSIDER AND POSSIBLE ACTION ON A RECOMMENDATION TO THE CITY COUNCIL REGARDING AN ORDINANCE PROPOSING SIGN AND ZONING CODE AMENDMENTS TO CHAPTER 29 AND CHAPTER 53 OF THE CITY OF KYLE CODE OF ORDINANCES.

WE DO HAVE A PUBLIC HEARING FOR THIS ITEM.

I'LL OPEN THAT AT 7:53 PM OKAY.

SCENE THEN I WILL CLOSE THAT AT 7:53 PM AND MS. SHARP.

ALRIGHT, KAYLA SHARP, SENIOR PLANNER.

GOT A LOT OF FUN ITEMS FOR Y'ALL TONIGHT.

UM, THANK Y'ALL FOR, FOR STICKING AROUND.

I KNOW IT'S A LITTLE BIT LONGER THAN WE USUALLY GO .

UM, SO, SO TONIGHT WE ARE PROPOSING A FEW CODE AMENDMENTS.

UM, WE LOVINGLY KEEP REFERRING TO THEM AS SOME LOW HANGING FRUIT THINGS THAT, UM, WE DEAL WITH ALL THE TIME.

THAT WHILE WE AWAIT OUR FULL CODE REWRITE THAT WE HAVE AN RFQ OUT FOR, UM, WE THINK THESE ARE KIND OF SOME CLEANUP ITEMS THAT CAN HELP IMPROVE, UM, OUR PROCESSES AND THINGS LIKE THAT WHILE WE AWAIT THAT CODE REWRITE SINCE IT'S A LITTLE WAYS OFF, BUT WE'RE, WE'RE ON TRACK FOR IT.

UM, SO LEMME GET INTO SOME OF WHAT WE ARE PROPOSING.

UM, THIS IS JUST KIND OF A SUMMARY OF WHAT THE CHANGES THAT WE'RE PROPOSING ARE.

UM, I'LL KIND OF GO INTO MORE DETAIL ON EACH SLIDE AS WE PROGRESS THROUGH.

SO FOR SECTION 53 DASH 33 H UM, THE PURPOSE OF THIS ONE IS TO PROVIDE CLARIFICATION BETWEEN THE CITY'S CURRENT SET, UM, CURRENT ZONING CODE AND ANY PLATTING SETBACKS THAT, PLATTED SETBACKS THAT MAY EXIST.

UM, IT'S NOT VERY COMMON PRACTICE, UM, ESPECIALLY THESE DAYS TO HAVE PLATTED SETBACKS BECAUSE ZONING ZONING, UM, SETBACKS AND THINGS LIKE THAT DO CHANGE OVER TIME.

UM, BUT WE DO HAVE A FEW NEIGHBORHOODS THAT HAVE PLATTED SETBACKS.

UM, AND SO WITHOUT THIS AMENDMENT, THE SETBACKS THAT ARE ON THE PLAT WOULD ALWAYS RULE, UM, EVEN IF, YOU KNOW, WE HAVE A LESS RESTRICTIVE SETBACK.

UM, SO I, I'LL SAY I BELIEVE R ONE TWO CURRENTLY HAS EITHER A 20 OR 25 FOOT LIKE REAR SETBACK, WHEREAS OUR CURRENT ZONING CODE, I BELIEVE HAS ABOUT 15, I WANT TO SAY.

I'M HOPING I GET THAT RIGHT .

UM,

[01:25:02]

SO BASICALLY WE'RE JUST ADDING A NOTE HERE STATING THAT, UM, IF THERE'S A DISCREPANCY BETWEEN PLOTTED SETBACKS IN THE ZONING CODE, THAT THE LESS RESTRICTIVE SETBACKS WOULD APPLY.

UM, AND THEN ALSO I JUST WANNA POINT OUT IF Y'ALL HAVE QUESTIONS ALONG THE WAY, FEEL FREE TO STOP ME.

'CAUSE THIS IS GOING TO BE, UM, A LOT.

SO, UM, FEEL FREE TO STOP ME AT ANY POINT IF YOU HAVE QUESTIONS.

UM, UNDER SECTION 53 33, WE HAVE CHART ONE.

THIS IS WHERE ALL OF LIKE WHAT WE WOULD CALL OUR BULK STANDARDS, UM, KIND OF LIVE IN THIS CHART, ALL OF OUR SETBACKS, OUR MINIMUM LOT WIDTHS, LOT SQUARE FOOTAGE, HEIGHT, ALL OF THAT.

UM, WE ARE TRYING TO ACCOMPLISH TWO THINGS WITH THIS.

ONE.

ONE, AS YOU CAN SEE, THERE IS, UM, A COLUMN THAT IS CORNER LOT AT SIDE STREET OR ALLEYWAY SETBACK.

AND THEN RIGHT NEXT TO IT WE HAVE THESE STREET SIDE YARD SETBACK.

THESE ARE BASICALLY THE SAME THING.

WE DON'T DEFINE WHICH IS WHICH, WHEN TO APPLY WHICH.

UM, AND SO WE'RE TRYING TO, UM, CLARIFY THAT, UM, AND CLEAN THAT UP A LITTLE BIT THAT WAY.

THERE'S, THERE'S NO QUESTION.

UM, AND SO WE, WE TYPICALLY APPLY THE CORNER LOT AT SIDE STREET OR ALLEYWAY, SO THAT IS THE ONE WE'RE PROPOSING TO KEEP AND, UM, REMOVE THE STREET SIDE YARD SETBACK.

UM, NEXT WE ARE WANTING TO ADD, ESSENTIALLY AS A REFERENCE ONLY THE OLD R WHAT WE CALL THE OLD R ONE, UM, ZONING, THE SETBACKS FOR THAT.

MOST OF THE ORIGINAL TOWN AND A COUPLE NEIGHBORHOODS, UM, ON THE EAST SIDE OF I 35 HAVE THIS R ONE ZONING.

AND I CAN'T TELL YOU HOW MANY TIMES IN MEETINGS WE GET R ONE I THOUGHT I WAS R ONE ONE OR VICE VERSA.

UM, ESSENTIALLY THIS, THIS ONE HAS BEEN LIVING IN ORDINANCE 92 AND SO WE WANTED TO AT THE VERY LEAST, PULL THE SETBACKS INTO THIS CHART TO, UM, KIND OF HELP ELIMINATE SOME OF THE CONFUSION WITH THAT.

UM, WE WOULDN'T BE ALLOWING ANY PROPERTIES TO REZONE TO R ONE, BUT IF THEY ALREADY HAVE R ONE EXISTING AND THEY'RE NOT LOOKING TO REZONE, THEY HAVE A REFERENCE POINT FOR WHAT THEIR SETBACKS ARE, THAT'S A LOT EASIER TO, UM, EASIER TO NAVIGATE THAN HAVING TO EMAIL PLANNING, WHICH I'M SURE WE'LL STILL GET AND WE WILL REPLY EVERY TIME.

BUT, UM, YEAH, THIS ONE'S A PR PRETTY SIMPLE CLEANUP ITEM.

AND THEN SECTION 53 DASH 33 IN THIS IS WHERE WE GET INTO SOME OF OUR PARKING REQUIREMENTS.

UM, THE MAIN PURPOSE WITH THIS ONE IS TO, UM, INCREASE FLEXIBILITY WITH PARKING REQUIREMENTS.

UM, PREVIOUSLY IT WAS UP TO THE CITY COUNCIL TO DETERMINE, UM, OFF STREET AND OFF ON STREET PARKING FOR ALL USES NOT LISTED, UM, IN THE CHART.

UM, WE ARE PROPOSING TO CHANGE THAT TO THE PLANNING DEPARTMENT AND THEN IN A COUPLE SECTIONS WE WILL ALSO GO THROUGH, UM, A VARIANCE AND APPEAL PROCESS FOR THAT.

UM, SO IF, IF ANY, UM, IF ANYONE DIDN'T LIKE THE DECISIONS OF THE PLANNING DEPARTMENT, THERE WOULD BE A PROCESS FOR THAT TO COME TO THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL AS APPROPRIATE.

UM, WE HAVE A LOT OF USES THAT AREN'T SPECIFICALLY LISTED IN THE PARKING RATIO CHART, UM, THAT MAYBE DON'T FIT INTO A SINGLE CATEGORY OR LET'S SAY THEY'RE WAY OVER PARKED OR WAY UNDER PARKED BECAUSE OF HOW WE HAVE TO CATEGORIZE THEM WITHIN THAT LIST.

UM, SAY A BUSINESS IS REQUIRED TO HAVE 20 PARKING SPACES, BUT THEY'RE NOT OPEN TO THE PUBLIC AND THEY HAVE THREE EMPLOYEES AT A TIME.

SOMETHING LIKE THAT.

THAT'S PROBABLY A BIT EXTREME, BUT JUST TO KIND OF GIVE YOU A REFERENCE POINT, UM, THIS WOULD ALLOW KIND OF THE PLANNING DEPARTMENT TO WORK WITH APPLICANTS TO DETERMINE APPROPRIATE PARKING RATIOS WITHIN REASON.

OF COURSE.

AND THIS IS WHERE I HAVE A QUESTION.

UM, HAVE YOU GUYS SPOKEN TO COUNCIL ABOUT RELINQUISHING THIS? THIS WILL BE GOING TO THE CITY COUNCIL FOR THEIR CONSIDERATION ON AUGUST 6TH.

OKAY.

SO YOU HAVEN'T GOTTEN ANY FEEDBACK FROM COUNCIL ABOUT HOW THEY WOULD FEEL ABOUT THIS? WE'VE SPOKEN WITH, UM, OUR ASSISTANT CITY MANAGER AND CITY MANAGER, UM, AND THEY HAVE INDICATED SUPPORT FOR THESE CHANGES, BUT WE HAVE NOT SPECIFICALLY DISCUSSED THESE CHANGES WITH CITY COUNCIL YET.

UM, AGAIN, THERE IS ANOTHER SECTION THAT STATES IF, IF ANYONE, UM, ISN'T IN FAVOR OF THE PLANNING DEPARTMENT'S DETERMINATION, IT WOULD, I BELIEVE COME TO THE PLANNING AND ZONING COMMISSION FIRST AND THEN CITY COUNCIL, THERE'S VERY FEW INSTANCES WHERE THIS WOULD LIKELY APPLY.

OKAY.

ALL RIGHT.

THANK YOU.

BUT IF, IF YOU HAVE ANY RECOMMENDATIONS, THIS IS

[01:30:01]

EXACTLY WHY WE'RE, WE'RE TAKING THESE CODE AMENDMENTS TO YOU IS FOR CONSIDERATION, SO I WAS JUST MAKING SURE YOU KNOW, THAT, YOU KNOW, UH, I KNOW THAT WE ARE NOT THE FINAL SAY ON THESE, UM, CHANGES.

MM-HMM.

, BUT I JUST WANTED TO, YOU KNOW, SEE IF, YOU KNOW, SOMETIMES COUNSEL WANTS TO KEEP THAT CONTROL AND THAT'S WHY I WAS JUST ASKING.

ABSOLUTELY.

AND YOU KNOW THAT THAT IS, IF Y'ALL HAVE A RECOMMENDATION TO CHANGE THAT YOU'RE WELCOME TO MAKE THAT RECOMMENDATION OR IF YOU WANNA LEAVE IT UP TO COUNCIL TO MAKE DETERMINATION I WHAT'S APPROPRIATE.

THINK WE SHOULD.

YEAH, FOR ME IT'S LEAVE IT UP TO COUNSEL.

I WAS JUST CURIOUS.

ABSOLUTELY.

ANY OTHER QUESTIONS ON THAT ONE? OKAY, SO KIND OF, UM, SIMILAR WITH THAT ONE, UM, THIS ONE MOSTLY HAD TO DO WITH SHARED PARKING AGREEMENTS.

SO FIRST ITEM IS JUST RENAMING THAT SECTION.

UM, AND THEN THIS WAS ALSO, UM, CHANGING IT FROM CITY COUNCIL TO PLANNING DEPARTMENT TO GRANT SPECIAL EXCEPTIONS, UM, FOR SHARED PARKING.

UM, BEST EXAMPLE I HAVE IS SOMETHING LIKE, UM, THE AMBERWOOD RANCH DEVELOPMENT WHERE YOU HAVE TEXAS ROADHOUSE, LUPE TORTILLA, UM, ALL OF THOSE USES ARE ESSENTIALLY SHARING PARKING, WHEREAS UM, IF THEY WEREN'T TEXAS ROADHOUSE MAYBE WOULD, THEY LIKELY WOULD NOT HAVE BEEN ABLE TO GET AS MANY PARKING SPACES AS THEY WOULD LIKE BECAUSE OF OUR, OUR PARKING RATIOS.

WHEREAS, YOU KNOW, ANOTHER BUSINESS IN THE SAME SHOPPING CENTER MAYBE DOESN'T NEED AS MUCH.

SO HAVE BEING ABLE TO KIND OF SHARE THE PARKING ACROSS THE ENTIRE SITE, UM, ALLOWS THEM THE FLEXIBILITY, ESPECIALLY WHEN YOU HAVE BUSINESSES THAT MAYBE HAVE SLIGHTLY DIFFERENT OPERATING HOURS, THINGS LIKE THAT.

UM, THIS IS SOMETHING THAT WAS PREVIOUSLY, UM, UP TO THE CITY COUNCIL TO DETERMINE, WE'RE PROPOSING THAT IT, UM, BE GIVEN OVER TO THE PLANNING DEPARTMENT.

IT'S TYPICALLY SOMETHING THAT IS REVIEWED DURING THE SITE, THE SITE DEVELOPMENT PERMIT PROCESS, UM, WHICH IS SOMETHING THAT MOST OF THE TIME THE CITY COUNCIL DOESN'T SEE.

SO IT WOULD KIND OF, UM, ADD ANOTHER STEP TO THE PROCESS, HAVING TO TAKE IT TO COUNCIL AGAIN.

IT WILL ALSO FALL UNDER THE, UM, THE EXCEPTIONS AND APPEALS PROCESS, UM, IF ANYONE DOESN'T LIKE THE PLANNING DEPARTMENT'S DECISION ON THAT.

YEAH, I THINK HONESTLY TO FOLLOW UP ON THIS A A LITTLE BIT TOO, IT'S OFTEN WRITTEN IN, IN DAS AND THE PUDS ALREADY ANYWAYS, SO THIS JUST GIVES US A LITTLE BIT MORE FLEXIBILITY TO HAVE IT IN THE CODE AS, AS CURRENTLY KIND OF PROCESSED AND FOLLOWED.

YES.

BUT YOUR, UM, THE LAST, UH, TWO LINES, ANY SPACES THE COUNCIL, YOU HAVE THE COUNCIL STRUCK OUT, BUT YOU DON'T HAVE A REPLACEMENT FOR THAT, YOU NEED TO DO THAT.

'CAUSE EVEN IN THE, UM, OTHER, THE DOCUMENT WHERE YOU HAD ALL THE, UM, THE CHANGES AS WELL.

UH, SO YOU DON'T HAVE A REPLACEMENT FOR COUNSEL IN THE WORDING, CORRECT? I THINK THIS IS JUST A GRAMMAR, YES.

I'M JUST LETTING YOU KNOW IT NEEDS A NOUN.

OKAY.

NOTED.

OKAY.

KAYLA, UH, MADAM CHAIR, KAYLA, UH, THE WORDING HERE OF USES RATHER THAN USERS IS A LITTLE CONFUSING TO ME.

AND I, I READ THROUGH THE ORDINANCE AND I THINK IT COMES OUT OF A MISTAKE.

IT'S NOT DIFFERENT USE IT, IS IT JUST DIFFERENT USERS? WHY, WHY IS THE TERM USES USED OR DO YOU KNOW? IT CAN BE SOMEWHAT INTERCHANGEABLE.

UM, I THINK, I THINK THE IDEA IS, YOU KNOW, FOR MORE LIKE SHOPPING CENTER TYPE DEVELOPMENTS TO ALLOW SHARED PARKING, UM, ACROSS THE ENTIRE SITE, UM, SOMEWHAT REGARDLESS OF WHETHER IT'S TWO ENTIRELY DIFFERENT USES, UM, USERS MIGHT CLARIFY THINGS A LITTLE BIT BETTER.

UM, THAT'S DEFINITELY SOMETHING, I MEAN THE USES CAN LOOK AT IS PARKING .

I I THINK USES ARE RELATED TO LAND USE WHERE USERS ARE THOSE THAT USE THE PARKING SPACES.

YEAH, MAYBE.

SO IT REALLY IS RELATED BACK TO THE INDIVIDUAL USE OF THE PROPERTY AND THE PARKING RATIO ATTRIBUTED WITH THAT AND, AND WHETHER OR NOT SHARED PARKING CAN GO WITH IT.

OKAY.

UM, QUESTION ABOUT, UM, VASTLY EMPTY PARKING LOTS, UM, THAT WE SEE, I'M NOT NECESSARILY HERE, BUT IN BRAUNFELS THERE'S A SIGNIFICANT ONE.

WOULD THIS SHARED PARKING IN A MAJOR DEVELOPMENT HELP SOLVE THE ISSUE OF WASTED SPACE, WASTED PARKING SPACE WITH ALL THAT IMPERVIOUS COVER BECAUSE IT WOULD BE USED AT A HIGHER RATE? THAT'S WHAT WE'RE HOPING.

THAT'S WHAT YOU'RE HOPING THAT IS WHAT THAT'S WHAT WE'RE HOPING.

OKAY.

AM AM I ON IT THEN? OKAY.

.

YEAH.

I MEAN A ABSOLUTELY.

I THINK TRYING TO DO, UH, SOME MORE FLEXIBILITY AND AS YOU'VE SEEN, UH, THROUGHOUT TIME, SOME LOTS ARE, ARE A LITTLE BIT BIGGER THAN OTHERS THAT MIGHT ALLOW A LITTLE BIT MORE PARKING.

WHERE YOU MIGHT HAVE A LITTLE BIT

[01:35:01]

MORE DENSITY ON THE NEIGHBORING LOT WHERE SHARING BETWEEN LOTS OR UH, USES COULD, COULD ABSOLUTELY KIND OF HAVE A BETTER PARKING ARRANGEMENT OVERALL FOR THE, FOR THE DEVELOPMENT.

THANK YOU.

ALRIGHT.

ANY MORE QUESTIONS ON THAT ONE? NO SIR.

AWESOME.

ALRIGHT.

UM, AND THEN THAT SPECIAL EXCEPTIONS AND VARIANCES PROCESS, UM, ANY VARIANCES TO THE STANDARDS WITHIN THIS DOCUMENT, UM, WOULD BE REVIEWED BY THE PLANNING AND ZONING COMMISSION.

UM, AND THEN, UM, APPEALED TO THE CITY COUNCIL.

THIS KIND OF FOLLOWS OUR, OUR STANDARD CONDITIONAL USE PERMIT PROCESS.

UM, STAFF REVIEWS, THEY DON'T LIKE STAFF'S DECISION.

THEY COME TO THE PLANNING AND ZONING COMMISSION.

THEY DON'T LIKE YOUR DECISION.

THEY GO TO CITY COUNCIL, UM, IS ESSENTIALLY HOW THAT PROCESS WOULD GO.

HOPEFULLY WE DON'T HAVE TO USE THAT ONE TOO MUCH, BUT WE'RE, WE'RE PUTTING IT IN THERE.

UM, ALWAYS WANT TO HAVE A PROCESS FOR NEXT STEPS IF, IF WE CAN'T COME TO AN AGREEMENT.

JUST A NOTE ON TERMINOLOGY, KELLER, WOULDN'T IT BE, ISN'T IT NORMALLY APPROVED RATHER THAN REVIEWED? SO VARIANCES STANDARD SHALL BE APPROVED BY PLANNING ITS ZONING COMMISSION AND APPEALS SHALL BE APPROVED BY CITY COUNCIL.

YES.

I, I THINK THAT'S A GOOD, GOOD CHANGE FOR THIS.

I WILL SAY, I THINK WE TRY TO DUPLICATE WHAT WAS IN ANOTHER PORTION OF THE CODE SO THAT THE BAD LANGUAGE WAS WRITTEN WRITTEN ELSEWHERE THAT WE KIND OF PULLED, PULLED OVER FOR CONSISTENCY'S SAKE.

BUT I DO THINK THAT'S AN APPROPRIATE MODIFICATION.

PERFECT TIME TO CATCH THAT AND FIX IT.

SO THANK THANK YOU FOR, FOR POINTING THAT OUT.

WE DON'T NEED TO WRITE MORE.

I'M GONNA THROW A LITTLE WRENCH IN THERE.

I DON'T THINK THAT THE PLANNING AND ZONING COMMISSION SHALL APPROVE ANYTHING THAT WE DON'T WANT TO APPROVE.

SO IF IT SAYS THAT THE DOCUMENT SHALL BE APPROVED BY THE PLANNING AND ZONING COMMISSION, I KNOW WE KNOW THAT THAT MEANS THAT IT GOES TO A VOTE, BUT I, I DON'T KNOW THE OPTICS OF APPROVED.

ARE WE SURE THAT LIKELY IT WOULD LANGUAGE AUTHORITY TO APPROVE.

OKAY.

I'M COMFORTABLE WITH THAT.

WELL, IF IT'S NOT APPROVED, THEN IT'S NOT A VARIANCE STANDARDS WITHIN WELL, IF THERE'S A VARIANCE VARIANCE THEN WE HAVE TO DECIDE WHETHER TO YOU'RE YOU'RE PULLING MY LEG.

I KNOW.

OKAY.

WHAT WOULD AMY I'LL MAKE SURE IT'S CLEAR IF YOU'RE GOOD WITH THE CONCEPT.

OKAY.

I AM AMY WILL KEEP US ALL IN LINE CLEAR.

OKAY.

ALRIGHT.

UM, SO DON'T QUOTE ME ON THIS.

I THINK THIS IS THE LAST ONE FOR PARKING, BUT I MIGHT BE WRONG.

UM, .

SO CURRENTLY THIS IS, UM, OUR PARKING RATIO FOR, UM, YOU KNOW, RESTAURANTS, BARS, CAFES, THINGS LIKE THAT.

UM, IT'S CURRENTLY ONE SPACE FOR EVERY FOUR SEATS FOR CUSTOMERS.

UM, AND THEN IT GOES INTO, IF IT'S JUST LIKE A BAR, BREW PUB, THINGS LIKE THAT, UM, PRETTY MUCH INDUSTRY STANDARD IS 101 SPACE PER EVERY 100 SQUARE FEET OF GROSS FLOOR AREA THAT ACCOUNTS FOR, THAT HELPS TO ACCOUNT FOR CUSTOMERS AND ALSO EMPLOYEES.

THE ONE PER FOUR DOES NOT ACCOUNT FOR EMPLOYEES.

UM, AND ALSO, YOU KNOW, THERE'S, THERE'S TIMES MAYBE, MAYBE YOU HAVE A TABLE OF FOUR AND THREE OF THEM DROVE THEMSELVES THERE.

YOU KNOW, UM, THIS KIND OF BALANCES OUT SOME OF THE ISSUES WE'VE BEEN SEEING WITH RESTAURANT PARKING, UM, AROUND, UM, THE CITY OF KYLE AS WE'VE KIND OF GROWN AND, UM, GOTTEN MORE RESTAURANTS OVER THE LAST COUPLE OF YEARS.

UM, THIS IS BUILDING CODE STANDARD.

IT'S ALSO, UM, PRETTY STANDARD FOR, FOR PLANNING.

UM, AND THAT KIND OF HELPS CLEAR UP SOME ISSUES.

SO THIS WOULD REQUIRE ACTUALLY MORE PARKING SPACES.

IT ESSENTIALLY WOULD, UM, JUST DEPENDING, ANOTHER ISSUE WE'VE SEEN AND WHY WE'RE PROPOSING THIS IS ESPECIALLY WHEN YOU GET TO KIND OF MORE SHELL BUILDINGS, UM, YOU MAY KNOW THAT A RESTAURANT IS PLANNING TO GO INTO THAT SPACE, BUT YOU DON'T KNOW WHAT RESTAURANT.

YOU DON'T KNOW HOW MANY CUSTOMER SEATS THEY'RE GONNA HAVE.

UM, WE'VE HAD A, A NUMBER OF DEVELOPERS SAY WE DON'T KNOW HOW MANY SEATS ARE GOING IN HERE ULTIMATELY, AND THEY KIND OF HAVE TO DO SOME, DO SOME MATH AND TRY AND FIGURE IT OUT TO THE BEST OF THEIR ABILITY.

BUT THIS KIND OF RELIEVES A LOT OF HEADACHE ON BOTH STAFF AND DEVELOPERS.

ALRIGHT.

OKAY.

THE NEXT ONE IS GOING TO BE, UM, REQUIRING TRAFFIC IMPACT ANALYSIS FOR LARGER DEVELOPMENTS THAT ARE REQUESTING, UM, PLANNED UNIT DEVELOPMENTS, DAS, TSS, UM, THINGS LIKE THAT.

UM, SO THIS WOULD ESSENTIALLY, UM, REQUIRE A TRAFFIC IMPACT ANALYSIS.

A LOT OF THE

[01:40:01]

ONES THAT WE'VE SEEN SO FAR, UM, USUALLY HAVE SOME SORT OF T ROADWAY NEARBY SO WE CAN KIND OF, UM, FLY UNDER THAT WITH GETTING A TRAFFIC IMPACT ANALYSIS.

BUT WE CURRENTLY HAVE NOTHING IN OUR CODE, UM, ZONING CODE WISE OR SUBDIVISION THAT REQUIRES TRAFFIC IMPACT ANALYSIS.

UM, WE'RE HOPING TO EXPAND THIS FURTHER IN THE FUTURE, BUT THIS IS KIND OF, UM, THE FIRST STEP TOWARDS REQUIRING TRAFFIC IMPACT ANALYSIS, WHICH WILL HOPEFULLY LONG-TERM HELP.

UM, SOME OF OUR TRAFFIC FLOW AND CONGESTION AND THINGS LIKE THAT ON OUR ROADWAYS.

SEEMS TO ME SINCE I'VE BEEN ON THE COMMISSION, WE'VE CONFRONTED THINGS WITH, UH, PUDS AND SO FORTH WHERE OTIA WAS REQUIRED AND WE COULDN'T ASK ONE OF THEM.

AND SO WE'VE BEEN CONSTRAINED MM-HMM.

IN THAT REGARD.

AND THIS WOULD GIVE US YEAH.

THE AUTHORITY WE NEED TO REQUIRE ONE.

ABSOLUTELY.

WE'VE MANAGED TO, UM, KIND OF WORK WITH SOME DEVELOPERS TO GET, YOU KNOW, SMALLER SCALE TRAFFIC STUDIES OR, UM, MAYBE IT GOES TO THE PLANNING AND ZONING COMMISSION AND COUNCIL FOR APPROVAL BEFORE WE GET, UM, A TIA FROM T DOT, THINGS LIKE THAT.

SO THIS WOULD, UM, KIND OF HELP US, UM, MITIGATE SOME OF THOSE ISSUES BEFORE THEY COME BEFORE YOU.

AND THE STATEMENT SAYS, SHALL UH, CONSIST AT AT LEAST THE FOLLOWING, WHAT MORE COULD THERE BE? I, I DO THINK RIGHT NOW WE'RE PROPOSING, THIS IS PART OF, HONESTLY THE ZONING A CHAPTER THAT'S REALLY ADDRESSED WITH, WITH PUDS AND, AND, AND DAS.

AND, UM, HONESTLY, MOST OF OUR LARGER DEVELOPMENTS THAT I'VE SEEN SINCE I'VE BEEN HERE HAVE BEEN THOSE TYPES OF APPLICATIONS.

SO THIS WILL BE FRONT AND CENTER REQUIRING TIAS, UH, FOR THAT AT THIS POINT IN TIME.

UH, KAYLA IS RIGHT, AND AS YOU KNOW, WE'RE LOOKING AT, UM, DOING OVERALL CODE AMENDMENTS.

AND I DO THINK TIAS ARE GONNA BE SOMETHING THAT WE'RE GONNA BE LOOKING AT REQUIRING AS, AS PART OF, UH, THOSE LARGER, UH, CODE AMENDMENTS RELATED TO, UH, FUTURE SUBDIVISIONS AND OR SITE PLANS, UH, FOR THAT TOO.

BUT THIS WILL BE PLAN UNIT DEVELOPMENTS, UH, PIS, ANDT AND DEVELOPMENT AGREEMENTS THAT ARE COMING.

OKAY.

FOR, OKAY.

SO DO WE NEED THAT STATEMENT OF CONTAINS AT LEAST THE FOLLOWING? I, I WOULD SAY SO.

UH, WILL KINSON FOR THE RECORD, BECAUSE THERE'S OTHER DOCUMENTS THAT WE HAVE FROM A POLICY PERSPECTIVE LIKE, UH, LANDOWNER, LANDOWNER, AUTHORIZATION FORM THE DEED TO THE PROPERTY, ALL THESE BACK BACKUP MATERIAL ITEMS THAT YOU NEED WHEN YOU APPLY FOR THE ZONING.

UM, AND SO THAT GIVES US OKAY.

I MEAN, WE ALREADY REQUIRED ANYWAY AND IT'S HELPFUL, BUT IT'S GOOD TO HAVE A LOT OF THAT STUFF OKAY.

IN THERE TOO.

SO AS, AS I SAID THAT JUST, IT'S, IT'S FINE.

IT WAS CONFUSING IN THIS REFERENCE FOR ME.

OKAY.

AMY, YOU CAN LOOK AT THAT ONE TOO, MAKE SURE.

YEAH, I WAS GONNA SAY, WE'LL, WE'LL, WE'LL TAKE A, TAKE ANOTHER LOOK AT THAT JUST TO MAKE SURE THAT THE WORDING IS APPROPRIATE, BUT IF YOU'RE COMFORTABLE WITH THIS, WE WOULDN'T SUBSTANTIALLY CHANGE ANYTHING.

JUST CLEAR UP THE LANGUAGE A LITTLE BIT.

ALL RIGHT.

ANY OTHER QUESTIONS ON THIS ONE? OKAY.

UM, LAST ONE FOR THE ZONING CHAPTER.

UM, OUR STANDARDS FOR WIRELESS TELECOMMUNICATION FACILITIES, UM, ARE IN OUR ZONING CHAPTER AS I'M SURE MANY OF YOU HAVE EXPERIENCED.

SOME OF OUR CELL SERVICE IN CERTAIN AREAS AROUND KYLE IS ABSOLUTELY TERRIBLE.

.

UM, WE'RE HOPING TO FIX THAT.

WE CURRENTLY HAVE AN RFP OUT.

IT IS OUT.

IT'S OUT.

OKAY.

I WAS GONNA ASK YES, NO, I KNOW COUNSEL APPROVED THAT IT'S OUT.

UM, BUT IN THE MEANTIME WE WANTED TO, UM, KIND OF ADDRESS THIS.

AND THEN AS PART OF THE RFP, WE'VE ALSO, UM, ASKED FOR ASSISTANCE WITH KIND OF REWRITING, UM, SOME OTHER, UM, SECTIONS UNDER THE WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE TO IMPROVE OUR PROCESSES WITH THAT.

IN THE MEANTIME, WE ARE PROPOSING A CHANGE.

UM, AS YOU CAN SEE, IT WAS PERMITTED IN VERY FEW ZONING DISTRICTS.

UM, WE ARE PROPOSING TO CHANGE THAT TO ANY ZONING DISTRICT, ASSUMING REQUIREMENTS OF THE REST OF THE CHAPTER ARE MET.

UM, THINGS LIKE, UM, DISTANCE FROM RESIDENTIAL USES AND OTHER THINGS LIKE THAT.

UM, WE, WE'VE BEEN APPROACHED, UM, IN THE LAST FEW MONTHS BY, UM, A FEW BUSINESSES WANTING TO DO NEW TOWERS THAT WOULD MEET ALL OF THOSE REQUIREMENTS, BUT MAYBE THE ZONING DISTRICT WASN'T CORRECT.

UM, SO TO KIND OF PREVENT THEM FROM HAVING TO REZONE AN ENTIRE SITE JUST FOR A CELL TOWER.

UM, WE'RE PROPOSING THIS CHANGE.

OKAY, SO INCLUDE WITH THIS, AND THEY COULD PUT IN A, A TOWER IN A RESIDENTIAL .

THEY COULD, WE DO HAVE PRETTY, PRETTY HIGH STANDARDS FOR SEPARATION FROM ANY RESIDENTIAL USE.

LIKE, LIKE FALL ZONES AND FALL

[01:45:01]

ZONES.

I THINK IT'S UPWARDS OF 400 FEET OR SOMETHING LIKE THAT IF I'M CORRECT.

UM, AND YOU KNOW, MELISSA AND I HAVE HAD DISCUSSIONS WITH, UM, SOME OF THESE PROVIDERS LATELY, THE WAY THEY'RE CONSTRUCTED NOWADAYS, IF THEY'RE FALLING, THERE'S A PROBLEM .

UM, AND, AND SO BASED ON INDUSTRY STANDARD, EVEN OUR FALL ZONES ARE MAYBE NOT, UM, ALIGNED WITH BEST PRACTICE.

UM, SO WE'RE EVENTUALLY LOOKING TO UPDATE THAT AS WELL.

UM, BUT IT'S, I'M NOT SAYING THERE'S NO RISK HAVING THEM CLOSER TO RESIDENTIAL, BUT IT'S, IT'S LOWER RISK THAN, UM, MOST MIGHT THINK, UH, QUESTION.

IT SEEMS LIKE PERHAPS THERE IS A LOWER RISK ONE AT LEAST IN TERMS OF WHAT I'VE SEEN.

AND THAT IS THE, UH, STEALTH FACILITY OR STEALTH TECHNOLOGY.

MM-HMM.

, WHICH CAN BE IN MY EXPERIENCE, HAS BEEN PLACED IN OR ON BUILDINGS.

MM-HMM.

ACTUALLY IN CAM CAMOUFLAGE, UH, WOULD BE ONE MIGHT BE USEFUL HERE.

UM, THAT WOULD BE ALLOWED IN ANY ZONE.

YES, WE THAT PRETTY MUCH ANYTHING THAT, UM, OTHERWISE MEETS THE REQUIREMENTS OF THIS CHAPTER WOULD BE ALLOWED IN ANY ZONING DISTRICT.

UM, ADDING MORE REQUIREMENTS FOR SELF FACILITIES, CO-LOCATION, THINGS LIKE THAT MIGHT BE SOMETHING THAT WE, UM, EXPLORE THROUGH THE RFP THAT WE HAVE OUT AND MAYBE FURTHER WITH THE, UM, CODE REWRITE.

UM, THIS IS JUST KIND OF, UM, SOMETHING THAT WE CAN CLEAN UP NOW TO KIND OF HELP GET THE BALL ROLLING TO IMPROVE SOME OF THE CELL COVERAGE ISSUES WE HAVE.

ALL OF THESE ARE A BANDAID, , RIGHT? MM-HMM.

, YEAH.

YES.

SOMEWHAT .

HOPEFULLY SOME OF THEM WORK AND WE CAN STICK WITH THEM, BUT ULTIMATELY, YES, THERE'S, THERE'S BEEN, Y'ALL HAVE SEEN A NUMBER OF THE ISSUES THAT WE'VE DEALT WITH WITH SOME OF OUR CODE SECTIONS, SO HOPEFULLY THIS WILL MINIMIZE SOME OF THAT.

YEAH.

MAKE IT WORK A LITTLE EASIER.

HOPEFULLY.

MAYBE HAVE TO BRING A FEW LESS SEEMINGLY ODD THINGS TO THE COMMISSION.

UM, WE'LL SEE.

WE'RE, WE'RE VERY SUPPORTIVE OF THESE AMENDMENTS.

UM, AND, AND THINK THEY'LL KIND OF GET US ON THE RIGHT TRACK WHILE WE AWAIT THE CODE REWRITE.

ANY OTHER QUESTIONS ON THIS ONE? I, OKAY.

UM, SO NOW WE'RE GONNA GET INTO, UM, SOME OF THE SIGN CODE AMENDMENTS.

I DO WANNA PREFACE THIS WITH, UM, THE SIGN CODE IS NOT SPECIFICALLY IN THE PURVIEW OF THE PLANNING AND ZONING COMMISSION.

UM, HOWEVER, AS WE'RE MAKING ALL OF THESE CODE AMENDMENTS, UM, WE'RE JUST KIND OF BRINGING THIS, UM, TO YOU AS WELL.

UM, AGAIN, THESE ARE ALSO KIND OF, UM, QUICK, UM, ITEMS TO FIX.

UM, SO THE FIRST ONE IS WE'RE ADDING A DEFINITION FOR MASTER SIGN PLAN, WHICH WE'LL GET INTO FURTHER HERE IN A SECOND.

UM, THIS ONE IS BROKEN UP INTO SEVERAL, SEVERAL, UM, SLIDES, SO JUST BEAR WITH ME FOR A SECOND.

UM, WE ARE PROPOSING TO ALLOW, UM, MASTER SIGN PLANS FOR COHESIVE COMMERCIALLY ZONED PROPERTIES WITH, UM, ESSENTIALLY THREE OR MORE BUSINESSES.

UM, AND THEY SHOULD PROVIDE CONSISTENT AND ARCHITECTURALLY COMPATIBLE SIGNS WITHIN A, WITHIN A DEVELOPMENT.

UM, AND THIS WILL GIVE SOME FLEXIBILITY, UM, WITHIN THE SIGN CODE SECTION AS WELL.

OUR SIGN CODE IS FAIRLY DATED AND HAS SOME REALLY WEIRD REQUIREMENTS, WHEREAS LIKE SOME TENANTS MIGHT GET LIKE FOUR SQUARE FEET ON A TENANT PANEL ON THINGS LIKE THAT, THAT, UM, HAVE PROVEN TO BE AN ISSUE IN MY LAST TWO AND A HALF YEARS HERE.

SO WE'RE HOPING TO, UM, THIS WOULD GIVE THEM THE OPTION AT LEAST TO UTILIZE, UM, THIS MASTER SIGN PLAN SECTION AND KIND OF FIX SOME OF THOSE ISSUES.

UM, SO THE FOLLOWING CRITERIA WOULD HAVE TO BE MET.

UM, MULTI-TENANT SIGNS WOULD HAVE A MAXIMUM HEIGHT OF 45 FEET.

UM, OUR CURRENT MAXIMUM IS 55 FEET FOR A MULTI-TENANT ON I 35 FOR A SINGLE TENANT ON I 35.

IT IS 35 FEET.

SO THIS IS KIND OF A MIDDLE GROUND BETWEEN THE TWO.

UM, A MAXIMUM OF 250 SQUARE FEET PER MULTI-TENANT SIGN THAT INCLUDES ALL TENANT PANELS.

UM, THE KIND OF, UM, SHOPPING CENTER IDENTIFICATION, THINGS LIKE THAT WOULD ALL HAVE TO, UM, BE WITHIN THAT 250 SQUARE FEET.

AND THEN THE NEXT ONE KIND OF ALIGNS WITH, UM, OUR CURRENT CODE.

THE ENTIRE STRUCTURE HAS TO BE COVERED IN MASONRY, THAT BEING BRICKSTONE OR BRICKSTONE VENEER.

UM, THE NEXT ONE WOULD BE, UM, EACH BUSINESS MAY HAVE A TENANT PANEL ON EACH MULTI-TENANT SIGN WITHIN THE DEVELOPMENT AS INCLUDED ON THE MASTER SIGN PLAN.

UM, SINGLE TENANT SIGNS

[01:50:01]

WILL BE PERMITTED ONLY AS MONUMENT SIGNS AND WILL BE ALLOWED A MAXIMUM HEIGHT OF 10 FEET.

SO THIS WOULD NOT ALLOW ANY PYLON SIGNS, WHICH WOULD BE, UM, LIKE THE RUDY'S OR THE, THE STARBUCKS ON I 35.

THOSE WOULD BE CONSIDERED UNDER OUR CODE PYLON SIGNS.

UM, THEY WOULD BE ALLOWED, MOST OF THE ONES IN DRY RIVER ARE A GOOD EXAMPLE OF LIKE A 10 FOOT TALL MONUMENT SIGN.

UM, AND THEN NO MORE THAN ONE FREESTANDING MULTI-TENANT SIGN WOULD BE ALLOWED FOR EACH STREET ON WHICH THE LOT OR DEVELOPMENT HAS FRONTAGE AND LESS.

UM, LOTS OR DEVELOPMENTS HAVING MORE THAN 400 FEET OF STREET FRONTAGE ON A SINGLE STREET MAY HAVE ONE ADDITIONAL FREESTANDING SIGN PER EACH ADDITIONAL 300 FEET OF FRONTAGE BEYOND THE 400.

THAT'S A LITTLE BIT HARD TO FOLLOW.

SO, UM, THERE'S THAT.

UM, AND THEN THIS IS JUST KIND OF THE, THE GENERAL REQUIREMENTS OF WHAT WOULD NEED TO BE INCLUDED IN THE APPLICATION FOR A MASTER SIGN PLAN SUMMARY LETTER, PROPOSED SIGN LOCATIONS, MATERIALS DESIGN, UM, SIZE FOR NOT ONLY THE FREESTANDING SIGNS, BUT ALSO WALL SIGNS, TENANT PANELS, ALL OF THOSE THINGS.

UM, QUANTITY OF SIGNS, I'M SORRY.

YES.

UM, FOR THE ONES THAT HAVE MULT, MULTI-TENANT SIGNS, UM, DO WE HAVE ANYTHING THAT SAYS THAT THAT PARTICULAR SIGN HAS TO HAVE THE BUSINESSES THAT'S IN THAT AREA, THAT SPECIFIC AREA VERSUS, UM, SAY, UH, 16, UH, SIX OVER HERE? YOU KNOW, THEY'VE GOT MULTIPLE, BECAUSE THEY HAVE MULTIPLE STREETS AND EVERYTHING.

MM-HMM.

, BUT SAY ON THE LOW SIGN FOR EXAMPLE.

MM-HMM.

.

THEY SHOULDN'T HAVE WALMART OR GOODYEAR ON THAT SIGN BECAUSE THEY'RE WAY OVER THERE.

'CAUSE IT'S CONFUSING TO THE DRIVERS IS WHAT I'M, YOU KNOW, AS TO EXACTLY WHERE THAT IS IN THE OVERALL COMPLEX.

SO THE, THE WAY THIS IS CURRENTLY WRITTEN IS THAT EACH BUSINESS CAN HAVE A TENANT PANEL ON EACH MULTI-TENANT SIGN WITHIN THE DEVELOPMENT.

UM, SO SAY IT IS KIND OF SPLIT UP LIKE THE LOWE'S AND THE WALMART, TECHNICALLY IT, THE WAY THIS IS CURRENTLY WRITTEN, IT COULD, THEY COULD BE ALLOWED TO HAVE LIKE THE LOWE'S COULD HAVE A TENANT PANEL ON THE SIGN CLOSER TO WALMART.

OKAY.

UM, WITH THE WAY IT'S CURRENTLY WRITTEN NOW, WHERE, WHERE IT WOULD KIND OF GET YOU IS THE MAXIMUM SQUARE FOOTAGE ON SIZE, UM, WITH THE 250 SQUARE FEET.

UM, SO ULTIMATELY, WHILE WE MIGHT NOT RESTRICT WHERE THE TENANT PANELS ARE LOCATED, IF THEY'RE ALREADY AT THAT 250 SQUARE FEET, UM, THE DEVELOPER OWNER OF THE SIGNS MIGHT DICTATE, YOU KNOW, HEY, LOWE'S IS OVER HERE.

THEY NEED TO HAVE THEIR TENANT PANEL OVER HERE, WALMART'S OVER HERE, THEY NEED TO HAVE THEIRS OVER THERE.

UM, ULTIMATELY THAT WOULD KIND OF COME DOWN TO THE DEVELOPER AND SIGN OWNER AT LEAST WITH THE WAY THIS IS CURRENTLY WRITTEN.

OKAY.

KAYLA, CAN YOU GO BACK TO THE PREVIOUS PAGE JUST FOR A MINUTE? THERE WAS THIS ONE.

YES.

UH, NO, SORRY.

I GUESS IT WAS THE PAGE BEFORE HAD TO DO WITH, UH, THIS ONE DEVIATION.

YEAH.

SO THIS, UH, UH, SECTION A THERE SUMMARY LETTER EXPLAINED THE NEED FOR THE DEVIATION FROM THE ORDINANCE REQUIREMENTS, UH, IS THAT IF THERE IS A, IS THAT IN ALL CASES WE'RE GONNA DO A DEVIATION, I DON'T QUITE UNDERSTAND THAT.

OR IF THERE'S A DEVIATION.

SO THE, THIS WOULD ESSENTIALLY BE, SAY SAY WE HAVE, UM, SAY WE HAVE A SHOPPING CENTER THAT APPLIES FOR A MULTI-TENANT SIGN.

I GET THE PERMIT FOR REVIEW AND I GO, NOPE, NOT CODE COMPLIANT.

AND THEY, UM, ELECT TO GO THROUGH THIS MASTER SIGN PLAN PROCESS.

UM, THEY WOULD BE ABLE TO GO THROUGH THIS PROCESS, THEY WOULD EXPLAIN WHY THEY WANT THE SIGNAGE THAT'S COMPLIANT WITH THE MASTER SIGN PLAN PROCESS, BUT IT MIGHT NOT BE COMPLIANT WITH THE, UM, OTHER APPLICABLE SIGN CODES.

UM, WE HAVE OTHER SECTIONS THAT MOST SIGNS APPLY UNDER, UM, IF THAT MAKES SENSE.

SO SAY LIKE, WE HAVE A CODE SECTION FOR MULTI-TENANT SIGNS FOR BUSINESSES NOT LOCATED ON I 35, THAT'S ALLOWED FOUR SQUARE FEET PER TENANT UP TO A CERTAIN AMOUNT.

SAY THEY SUBMIT A PERMIT AND THEY WANT 10 SQUARE FEET

[01:55:01]

PER TENANT ON THEIR MULTI-TENANT SIGN.

AND I, I GET THE PERMIT.

I SAY NO, THEY ELECT TO GO THROUGH THIS PROCESS.

UM, THIS IS WHEN THEY WOULD EXPLAIN WHY THEY WANT THE 10 SQUARE FEET PER TENANT PANEL RATHER THAN THE FOUR SQUARE FEET THAT'S OTHERWISE ALLOWED BY CODE.

OKAY.

BUT IT, IT'S ALSO TO KIND OF SHOW THEIR OVERALL CONCEPT AND IDEA AND CONGLOMERATION OF THE SCIENCE.

SO YOU, YOU DO SEE A LOT OF MASTER SIGN PLANS NOW WHEN YOU SEE PUD DEVELOPMENTS AND, AND DIFFERENT THINGS.

MM-HMM.

, YOU'LL, YOU'LL SEE THOSE AS ATTACHMENTS.

SO AT THAT POINT IN TIME, SOMETIMES THEY'LL COME IN WITH KIND OF A MASTER SIGN PLAN OF WHAT THEY'RE HOPING TO ACHIEVE AESTHETICALLY ON, ON THE SITE FOR, FOR SIGNAGE AND, AND IT IS WRITTEN IN THE PUDS.

SOMETIMES THOSE SIGNAGE ARE, ARE LARGER OR MM-HMM.

INCREASED SQUARE FOOTAGE THAN WHAT OUR STANDARD CODE WOULD ALLOW.

ABSOLUTELY.

SO THIS, THIS WOULD BE INTENDED FOR, UM, MASTER SIGN PLAN ALLOWANCES OUTSIDE OF THE NORMAL, UM, I SHOULDN'T SAY NORMAL, BUT OUTSIDE OF THE ENTITLEMENT PROCESS.

TYPICALLY WHEN WE'RE WORKING ON PUDS DAS, THINGS LIKE THAT, EVERYONE ALWAYS GETS ANNOYED WHEN I GET ON MY SPIEL OF IF YOU WANT ANYTHING THAT'S NOT ALLOWED IN THE SIGN CODE CURRENTLY, YOU BETTER GET IT NOW , UM, THEY'VE HEARD THAT A MILLION TIMES.

UM, SO THAT'S USUALLY WHEN WE, WE TRY AND CAPTURE THAT.

BUT WE, WE DO HAVE SOME PROPERTIES THAT, YOU KNOW, ARE MAYBE ALREADY ZONED, NOT GOING THROUGH THE ENTITLEMENT PROCESS, UM, SUBMITTING THEIR APPLICATIONS FOR SIGNS, UM, AND THEN GETTING DENIED FOR NOT BEING COMPLIANT.

OKAY.

I, I THINK I GOT THE IDEA NOW.

UM, AND SO, UH, I, I DON'T KNOW THE NEED FOR THE LETTER BECAUSE IF YOU'VE GOT A, IF YOU'VE GOT A A, A SIGN PLAN THAT YOU DIDN'T AGREE WITH AND YOU SENT IT BACK AND SAY, THE ONLY WAY WE'LL GO ALONG WITH THIS, FOR EXAMPLE SIZE IS IF YOU SUBMIT A MASTER SIGN PLAN, THEN THAT'S A SEPARATE SUBMISSION.

MM-HMM.

.

AND SO I DON'T KNOW WHY THEY WOULD NEED THEN A SUMMARY LETTER.

IF THE SEPARATE SUBMISSION WITH THE MASTER SIGN PLAN CONFORMS TO THE MASTER SIGN PLAN, UM, ORDINANCE, THEN, SO THERE IS NO, THERE IS NO DEVIATION.

YES.

SO WE CAN PROBABLY CLEAN UP THAT LANGUAGE A LITTLE BIT.

MM-HMM.

I SEE, I SEE WHERE YOU'RE GETTING WITH THAT.

UM, A SUMMARY REQUEST LETTER IS SOMETHING WE REQUIRE FOR MOST OF OUR APPLICATIONS.

SITE DEVELOPMENT PERMITS, CS, UM, A LOT OF THINGS THAT Y'ALL SEE ALREADY, WE REQUIRE A SUMMARY REQUEST LETTER.

UM, I THINK WE CAN CLEAN UP THAT LANGUAGE YEAH.

TO REMOVE THE DEVIATION THAT IS A CONTENT PLAN.

YEAH.

DID IT MAKE SENSE WHAT I SAID? YEP.

YES.

YEAH.

OKAY.

YEP.

THANKS.

YEP.

THANK YOU FOR POINTING THAT OUT.

ALRIGHT.

UM, SO KIND OF WRAPPING THIS ONE UP, UM, THEY WOULD HAVE TO SHOW LIGHTING PLANS AND COLOR PALETTES.

UM, LIGHTING PLANS WOULD HAVE TO BE COMPLIANT WITH, UM, OUR LIGHTING REQUIREMENTS UNDER THE SIGN CODE AND ALSO, UM, SOMETIMES REFERS BACK TO OUR OUTDOOR LIGHTING REQUIREMENTS FOUND IN CHAPTER 53.

AND THEN ANY, UM, APPEALS TO, UM, THE STANDARDS WITHIN THIS, UM, WOULD BE, AGAIN, SAME LINGO HERE.

THIS IS THE SAME LINGO AS LAST TIME THAT WE COPIED.

SO WE'LL CLEAN THIS UP.

UM, BUT ESSENTIALLY IT WOULD COME TO THE PLANNING AND ZONING COMMISSION, UM, AND THEN CITY COUNCIL.

UM, BUT WE'LL, WE'LL CLEAN THAT LANGUAGE UP AS WE PREVIOUSLY DISCUSSED.

ALRIGHT.

AND THEN THIS SHOULD BE THE LAST ONE.

UM, CLARIFYING DISCREPANCIES BETWEEN LIGHTING REQUIREMENTS FOUND IN CHAPTER 53 AND ILLUMINATION REQUIREMENTS FOR SIGNS.

UM, WE ARE WANTING TO ADD THIS NOTE THAT WHEN CONFLICTS, CONFLICTS EXIST BETWEEN THIS CHAPTER AND THE OUTDOOR LIGHTING REGULATIONS FOUND IN CHAPTER 53, ILLUMINATION OF SIGNS, UM, SHALL FOLLOW WHAT WE'RE DEFINING HERE, WHICH IS NO SIGN THAT UTILIZES EXTERNAL ILLUMINATION SHALL UTILIZE UPLIGHTING INSTEAD INTERNAL INTERNALLY ILLUMINATED LETTERS OR DOWN LIGHTING SHALL BE USED TO REDUCE LIGHT POLLUTION.

SO CURRENTLY AS IT STANDS, YOU PROBABLY SEE A LOT OF INTERNAL ILLUMINATION ON I 35, UM, AS YOU MOVE AWAY FROM I 35 IS WHEN, UM, THAT EXTERNAL ILLUMINATION COMES TO PLAY, ESPECIALLY IN NEIGHBORHOODS, THINGS LIKE THAT.

UM, THE UPLIGHTING IS ESSENTIALLY, YOU COULD ALSO CALL IT GROUND LIGHTING, A LIGHT ATTACHED TO THE GROUND POINTED UP AT THE SIGN THAT PRODUCES A LOT OF LIGHT POLLUTION THAT GOES BEYOND THE FACE OF THE SIGN.

UM, OUR, UH, DARK SKY ORDINANCES TYPICALLY REQUIRE, UM, DOWN LIGHTING, SHIELDED LIGHTS, THINGS LIKE THAT TO REDUCE LIGHT POLLUTION.

UM, SO WHILE THIS MAY NOT PERFECTLY ALIGN WITH THAT, IT IS A LOT BETTER THAN THE, UM, UP LIGHTING THAT IS CURRENTLY REQUIRED IN A LOT OF PLACES.

SO THIS WOULD ALLOW FOR DOWN LIGHTING, WHICH WOULD ESSENTIALLY BE ATTACHED TO THE TOP OF

[02:00:01]

THE SIGN POINTED DOWN, OR THEY COULD USE, UM, INTERNALLY ILLUMINATED LETTERS, WHICH REDUCES LIGHT POLLUTION A LOT.

SO ANY QUESTIONS ON THAT ONE? THAT'S THE LAST ONE.

I THINK SO, YES.

I, I, I HATE TO SAY THIS, BUT, UH, I HAD SOMETHING TO SAY, BUT PAGE TWO.

OKAY.

, I SHOULD HAVE PUT MY NOTE OUT THERE ABOUT STOPPING ME BEFORE I THOUGHT THAT'S BETTER IF I MAKE ANYONE DIZZY.

I'M SO SORRY.

THIS PAGE, UM, YES, THIS IS THE ONE.

OKAY.

UM, SO THE, THE UH, CHANGE STATEMENT AT THE BOTTOM THERE, THE LESS RESTRICTIVE SETBACK SHALL APPLY.

THAT'S NOT QUANTITATIVE.

THE WAY IT'S NORMALLY SET IS THE, THE LESSER DISTANCE SHALL APPLY.

SO LESS RESTRICTIVE.

RESTRICTIVE.

WHAT DOES THAT MEAN? YOU KNOW, WE'RE, YOU'RE TALKING ABOUT THE LESSER DISTANCE, RIGHT? SO IF WE HAVE A, ESSENTIALLY A SETBACK OF 20 FEET OR A SETBACK OF 15 FEET MM-HMM.

, WE'RE GONNA TAKE THE LESSER DISTANCE.

SO, SO WHEN WE LOOK AT IT FROM KIND OF A PLANNING PERSPECTIVE, IS THE, THE MOST RESTRICTIVE IS GOING TO BE ESSENTIALLY WHAT ALLOWS FOR THE SOUND.

THIS IS GONNA SOUND NOT GREAT, BUT LIKE THE LEAST USE OF YOUR PROPERTY, IF THAT MAKES SENSE.

SO SAY, SAY THE PLOTTED SETBACK IS 25 FEET, OUR CURRENT SETBACK IS 15, YOU WOULD BE ALLOWED TO USE THE 15.

I THINK THAT'S A FINE AMENDMENT THOUGH.

WE CAN, WE CAN DO THAT, YES.

YEAH, YEAH.

BUT YOU'RE RIGHT.

THAT'S EXACTLY WHAT IT MEANS.

AND, AND YOU GOT IT.

OKAY.

THAT'S IT.

ALRIGHT.

DON'T MIND ME WHILE I SKIP FORWARD THROUGH TO THE END.

UM, BUT THAT WAS THE END.

UM, SO, UM, LIKE I'VE SAID ALL ALONG, STAFF HAS FOUND THAT THESE PROPOSED CHANGES WILL, UM, HOPEFULLY SIGNIFICANTLY IMPROVE PROCESSES BY PROVIDING SOME CLARIFICATION AND FLEXIBILITY WHILE WE AWAIT THE REWRITE OF THE DEVELOPMENT CODE.

UM, AND WE RECOMMEND APPROVAL OF THESE AMENDMENTS AS PROPOSED ALONG WITH, UM, SOME OF THE MINOR AMENDMENTS WE'VE DISCUSSED HERE TONIGHT.

MADAM CHAIR, WITH THE MOTION? YES, SIR.

MOTION THAT WE APPROVE, UH, RECOMMEND THE APPROVAL WITH THE CHANGES THAT WE'VE STATED THROUGHOUT OUR SESSION HERE.

AND DO YOU NEED US TO DO THAT? DO YOU NEED US TO RESTATE SOME OF THOSE? I, I, I THINK WE GOT IT.

I MEAN, HONESTLY, WE'RE GONNA FIX KIND OF THAT CODE LANGUAGE, MAKE SURE THAT THE APPEALS PROCESS TO P AND Z AND COUNCILS CLARIFIED AND THEN, UM, AND THEN WE WILL FIX THE KIND OF MASTER SIGN PLAN LETTER.

SO I THINK WE HAVE A GOOD, A GOOD TALLY OF WHAT'S GOING ON.

THANK YOU.

I THINK WE HAVE A GOOD IDEA AND IF ALL ELSE FAILS, THIS IS BEING RECORDED.

SO, , DO WE NEED SEPARATE VOTES ON CHAPTER 29, CHAPTER 53, OR WE CAN DO THIS AS AN OMNIBUS.

WE'RE DOING IT ALL IN ONE ORDINANCE, UM, SO IT, IT CAN BE ALL TOGETHER.

OKAY.

SO WE HAVE A MOTION FROM VICE CHAIR DE LORI TO RECOMMEND APPROVAL WITH THE CHANGES STATED DURING THE, THE MEETING TODAY.

AND THAT WAS SECONDED BY COMMISSIONER SERATO.

IS THERE ANY DISCUSSION ON THAT MOTION? I JUST WANNA SAY THAT I LOVE OUR DARK SKY ORDINANCE AND I'M REALLY PROUD OF THE CITY FOR DOING THAT AND I'M EXCITED THAT WE'RE TAKING, EVEN IF IT IS A BABY STEP TO FURTHER CEMENT THAT HERE.

I DROVE IN TO, UM, THE AREA ON SUNDAY NIGHT AND ON THAT FLYOVER ON 45 TO GET ONTO 35, IT FELT LIKE I WAS DRIVING TOWARDS A FOOTBALL STADIUM, LIKE IT WAS LIT UP LIKE CRAZY GOING INTO BUTTA AND IT WAS INSANE SEEING THAT CONTRAST MOVING OUT OF BUTTA AND INTO KYLE ABOUT HOW DARK IT IS HERE, ESPECIALLY GIVEN THE DIFFERENCE IN POPULATION BETWEEN THE, THE AREAS AND I'M, IT MADE ME VERY PROUD TO BE A KYLE LIGHT.

I DON'T KNOW WHAT WE CALL OURSELVES, BUT ANYWAY, UH, SO VERY HAPPY TO SEE THAT IN THE, UH, PROPOSAL TODAY.

SO, ALRIGHT, RESTATING THE MOTION.

UH, WE ARE RECOMMENDING APPROVAL OF THE ORDINANCE AMENDMENTS WITH THE CHANGES STATED DURING THE MEETING TODAY.

ALL THOSE IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ALL OPPOSED, SAY NAY.

THAT PASSES FIVE TO ZERO.

THANK YOU.

ALRIGHT, THANKS FOR, FOR HANGING IN THERE WITH ME.

ALMOST, ALMOST DONE.

WE APPRECIATE YOU RELIEF FOR YOU GUYS.

OKIE DOKIE.

ITEM

[6) Staff Report.]

NUMBER FIVE, 5.6 STAFF REPORT FROM WILL ATKINSON, DIRECTOR OF PLANNING.

GIVE YOU JUST ONE MOMENT PLEASE.

, I WAS ANSWERING SOME EMAILS AND HOW DARE YOU.

IS 35.

I THIS ON THE AGENDA.

WE'RE FAST.

PLEASE.

EXCUSE ME.

YEAH, I LOOKED AT CELL, IT WAS ALMOST EIGHT.

I WAS LIKE, WAIT.

MM-HMM.

[02:05:10]

THERE.

IT'S, IF Y'ALL ARE ALL RIGHT WITH IT, I'M JUST GONNA DO IT FROM RIGHT HERE.

OKAY.

ALL RIGHT.

UH, DEVELOPMENT CODE RFQ.

WE EXTENDED THE, UH, RFQ RESPONSE TIME, UH, BY TWO WEEKS TO ALLOW FOR MORE TIME FOR RESPONSES, WHICH IS, UH, EXPIRING NOW THIS COMING MONDAY AT 3:00 PM UM, UH, WE RECEIVE FEEDBACK FROM OUR PURCHASING DEPARTMENT AND THEY PRETTY, THEY PRETTY MUCH SAID IT'S LIKE BECAUSE OF JULY 4TH THERE WASN'T A LOT OF TIME FOR QUALIFIED CANDIDATES TO APPLY AND GET THEIR, GET THEIR DUCKS IN A ROW.

SO, HAVE WE GOTTEN ANY CANDIDATES? WE HAVE.

OKAY.

BUT I CAN'T GO INTO DETAIL.

WELL, NO, I WAS JUST WONDERING.

.

THAT'S FINE.

OKAY.

UM, AGAIN, IT IS POSTED ON THE CITY'S WEBSITE, A PA HISTORY PRESS, ET CETERA.

AND AGAIN, WE'RE GONNA HAVE A STAFF COMMITTEE SET UP AND THEN TAKE THIS TO A POSSIBLE LATE AUGUST, UH, POTENTIAL AWARD BY, UH, CITY COUNCIL.

UM, THE ZONING REQUEST RESULTS THAT Y'ALL SAW AT THE LAST MEETING, UH, WENT TO COUNCIL LAST WEEK, THE 0.76 ACRE SITE AT 1105 EEF AND ONE 50 WAS, UH, VOTED ON SECOND REED, UH, BY CITY COUNCIL.

IT'S NOW RETAIL SERVICES.

UH, THIS IS JUST WEST OF SUNSET RIDGE AND THEN THE POST ROAD POD WHERE IT'S TO PRESERVE THE TREE AND THE GAS STATION AND TO ALLOW THE GAS STATION PRESERVE THE TREE.

EXCUSE ME, IT WAS ALSO APPROVED BY COUNCIL ON SECOND REED.

AND, UM, THERE'S GOING TO BE A PUBLIC HEARING THIS SATURDAY MORNING THAT'S GONNA BE OPENED AND THEN CONTINUE ON AND CONTINUED TO THE AUGUST 6TH MEETING FOR ACTUAL ACTION BY THE CITY COUNCIL TO EXPAND THE EXISTING TOURS.

FOUR.

THIS IS A TOURS THAT IS JUST OVER THE LIMESTONE CREEK SUBDIVISION ON EAST POST ROAD ONLY.

WE ARE EXPANDING IT FROM, UM, JUST UP TO JUST UNDER 1600 ACRES SO WE CAN UTILIZE IT TO, UH, BACKFILL THE, THE DEBT FOR THE EXPANSION OF GO FORTH ROAD, WHICH IS SHOWING THERE IN PURPLE.

SO WE WANT TO HAVE A DEDICATED FUND TO PAY DOWN THAT DEBT IN THE FUTURE.

UH, THIS IS A EXTREMELY CRITICAL NORTH SOUTH CONNECTOR ON THE EAST SIDE.

THAT'LL BE A FOUR LANE ROAD.

AND THEN YOU CAN SEE THE TERRA FLORIDA APPROVAL, UM, AND THEN THE CITY COUNCIL APPROVAL ALSO.

AND THEN, UM, HERE'S THE IMAGE.

THE IMAGE IN RED IS THE EXISTING AND EVERYTHING YOU EXPANDED OUT IN THE HASH MARK IS WHAT YOU'D SEE FOR THE EXPANSION.

OKAY.

AND THEN, UM, IF YOU HAVE ANY REQUESTS FOR THE PLANNING OR FOR STAFF TO BE PLACED ON, UH, FUTURE AGENDAS, UH, THAT TIME IS NOW, UH, BUT WE CAN'T HAVE A DISCUSSION ON IT, YOU CAN JUST SAY, I WOULD LIKE TO HAVE SUCH AND SUCH MORE INFORMATION OR AN ITEM ON THE AGENDA.

THAT'S IT.

YEAH.

THANK YOU.

YEAH, ABSOLUTELY.

OKAY.

ITEM NUMBER SIX, ADJOURNING.

AS WE HAVE COMPLETED ALL THE ITEMS ON TODAY'S MEETING AGENDA, THERE IS NO FURTHER BUSINESS THAT CAN BE DISCUSSED.

SO WE ARE ADJOURNED AT 8:38 PM.