Jun 09, 2026 Planning and Zoning Meeting

[I) Call Meeting to Order and Roll Call]

[00:00:08]

TUESDAY, JUNE 9TH, AND THE TIME IS 6:30 P.M. AND I WOULD LIKE TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER. MAY I HAVE A ROLL CALL, PLEASE? COPELAND.

HERE. HERE, HERE. ANQUAN. HERE. HERE. HOUCK. HILDRETH. HERE. OKAY. PERFECT. OKAY. ITEM ON

[II) Approval of Minutes]

MAY 12TH, 2026. REGULAR MEETING MINUTES, MADAM CHAIR. MOTION TO APPROVE. SECOND. OKAY, WE HAVE A MOTION TO APPROVE FROM COMMISSIONER COPELAND AND A SECOND FROM COMMISSIONER WEBB.

IS THERE ANY DISCUSSION ON THE MOTION? OKAY. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL

[III) Citizen Comment Period with Planning & Zoning Commission ]

SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA, ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT. SO AT THIS TIME I'M GOING TO OPEN CITIZEN COMMENTS. WE DO HAVE ONE FORM, MR. PETERSON. I DON'T KNOW IF I'M AT THE RIGHT CITY HALL MEETING, BUT I'LL GIVE YOU A TRY HERE. SURE. THERE'S A ROAD CALLED CYPRESS ROAD A MILE AND A HALF FROM HERE, AND I'VE BEEN RIDING MY BICYCLE ON THIS ROAD FOR YEARS. AND THERE'S A GATE ACROSS THE ROAD, AND IT SAYS PRIVATE NO TRESPASSING. BUT I'VE LOOKED AT THE GIS SURVEY AND IT IS IT SHOWS IT'S PUBLIC.

I'VE TALKED TO WILLIAM ATKINSON, WHO WAS AT THE TIME A DIRECTOR OF PLANNING, WHO'S NOW, I THINK, ON PARKS AND RECREATION, ALSO SPOKEN WITH MR. BOARD CHAIR DAME AT HAYS COUNTY, WHO LOOKED IT UP AND SAID IT'S PUBLIC. AND THEN MOST RECENTLY, I WENT TO THE PUBLIC SAFETY CENTER AND TALKED TO STEVE CLEMENS, WHO LOOKED IT UP AND GAVE ME A PRINTOUT THAT SAYS THAT'S PUBLIC AND IS ALSO A COUNTY PROPERTY DOWN THAT ROAD. AND MR. ADKINS SAID AT ONE TIME, HAD WARNED ME THAT SOMEDAY THERE'S A GUY THAT LIVES DOWN THERE WHO MIGHT GET AGGRESSIVE WITH ME OVER RIDING DOWN THERE. A COUPLE OF WEEKS AGO, I RODE MY BICYCLE DOWN THERE AND HE CAME OUT PHYSICALLY ASSAULTED. HE WAS IN HIS PICKUP TRUCK, GOT OUT AND PHYSICALLY ASSAULTED ME.

I HAVE A WITNESS WITH ME, A 72 YEAR. I'M 70, MY FRIEND, 72, HE RIDES WITH ME. HIS WIFE GOT OUT AND ASSAULTED ME AND I WENT TO THE POLICE, AND I DIDN'T WANT TO GET THE OLD GUY IN TROUBLE.

HE'S JUST AN OLD GUY THAT'S NOT FRIENDLY. I'D RATHER FIX THIS ANOTHER WAY. I EVEN WROTE A LETTER SAYING, DEAR SIR, YOU KNOW, LET'S BE ADULTS ABOUT THIS. YOU SAID, WELL, THERE'S LOOSE CATTLE ON THIS ROAD. AND I SAID, I ALWAYS CLOSE GATES AND THERE'S NO CATTLE ON THE ROAD. THERE HASN'T BEEN FOR YEARS. AND HE GOES, WELL, THERE COULD BE. YES, I KNOW, BUT THERE'S NOT. AND IT DOESN'T MATTER WHERE I AM, IF I COME TO A GATE THAT'S ABLE TO GO THROUGH, I ALWAYS CLOSE IT. THAT'S WHAT OLD GUYS DO. WE CLOSE GATES, BUT THE GUY HAS THE SIGN UP THAT SAYS NO TRESPASSING. BUT IT'S A PUBLIC ROAD AND I DON'T WANT HIM TO GO TO JAIL OR GET IN TROUBLE FOR ASSAULTING ME. I JUST WANT HIM TO EITHER TAKE THAT SIGN DOWN OR GET THE CITY TO PUT A SIGN UP THAT SAYS PUBLIC ROAD. AND HE SAYS, WELL, THIS IS PRIVATE PROPERTY. AND I SHOWED HIM RIGHT HERE. THERE'S A BIG SIGN THAT SAYS HAYS COUNTY PROPERTY MAINTAINED PUBLIC ROAD, MAINTAINED BY HAYS COUNTY. AND I HAVE THE GUY'S LICENSE PLATE NUMBER, AND THE POLICE WOULDN'T GIVE ME HIS NAME STRAIGHT UP UNLESS I FILED A COMPLAINT AGAINST HIM. I'M NOT HERE TO GET SOMEBODY IN TROUBLE. I'M HERE TO GET THE ROAD OPEN. AND IF THERE'S SOMETHING THIS COMMITTEE CAN DISCUSS, SORRY. OR TELL ME WHEN I NEED TO COME BACK AT ANOTHER TIME TO BRING THIS BEFORE CITY COUNCIL TO TALK TO THAT INDIVIDUAL AND SAY, LOOK, IT'S A PUBLIC ROAD. YOU KNOW, I KNOW THE GUY LIKES HIS LITTLE PRIVATE SANCTITY DOWN THERE. YOU KNOW, IT'S NOT A THROUGH ROAD. IT'S NOT GOING IT DEAD ENDS A MILE LATER. AND, YOU KNOW, I LIKE TO PRESERVE MY PEACE AND QUIET AS WELL, BUT NOT AT MY EXPENSE OF ASSAULTING ME AND TELLING ME THAT IT'S PRIVATE ROAD WHEN IT'S NOT, YOU KNOW. SO IF THE COUNTY KNOWS IT'S PRIVATE AND THEY'VE TOLD ME SO THE CITY KNOWS IT'S PRIVATE AND THEY'VE TOLD ME. SO I JUST WANT SOMEBODY TO GO TALK TO THIS GUY AND SAY, TAKE DOWN YOUR PRIVATE ROAD SIGN AND DON'T HARASS PEOPLE ANYMORE. WHEN THEY COME DOWN HERE TO GO RIDING THEIR BIKE. AND IF YOU WANT HIS LICENSE PLATE NUMBER, I CAN GIVE IT TO YOU SO YOU CAN CONTACT HIM OR YOU SHOULD HAVE MY CONTACT INFORMATION. AND IF THERE'S SOMETHING YOU CAN DO, GREAT. IF NOT, TELL ME. I NEED TO COME BACK TO A DIFFERENT MEETING. IS THIS THE RIGHT SPOT? SIR? SO PROBABLY NOT THE RIGHT SPOT TO ADDRESS YOUR CONCERN, BUT I'LL BE GLAD TO CHAT WITH YOU HERE A LITTLE BIT AND TAKE YOUR INFORMATION AND THEN SEE IF WE CAN HELP YOU OUT IN SOME WAY. YES, SIR. THANK YOU SO

[00:05:01]

[IV) Consent Agenda]

OKAY. I'M GOING TO I'M GOING TO SAY RICHARD ON THAT ONE. OKAY. WE HAVE A MOTION TO APPROVE CONSENT AGENDA ITEMS TWO, THREE AND FOUR FROM VICE CHAIR STEAGALL AND A SECOND FROM COMMISSIONER HILDRETH. IS THERE ANY DISCUSSION ON THE MOTION? OKAY. ALL THOSE IN FAVOR, PLEASE SAY I. I ALL OPPOSED SAY NAY. OKAY. CONSENT AGENDA IS APPROVED. NEXT UP WE HAVE

[5) Consider approval of a Conditional Use Permit, regarding building elevations, for Susie Fuentes Elementary School renovations and additions to the existing campus, in accordance with Section 53-892 "Districts and boundaries, subsection (a)(1) "The I-35 overlay district", and subsection (a)(7) "The Goforth Road conditional use overlay district", and Section 53-899 "I-35 overlay district development standards", including a landscaping exception request to waive the required shrubs under Section 54-9(b) and Section 54-9, for property located at 901 Philomena Drive. (CUP-26-0157)]

NOT THAT ONE. IT'S THE ONE THAT'S CUP 260157 FUENTES ELEMENTARY.

IS HE BACK? THERE HE IS. HE CAME OUT AND SPOKE TO US AT THE BEGINNING. I DON'T THINK I HAVE. WE CAN GO OFF MEMORY. MY MEMORY'S NOT THAT GREAT. A QUESTION IS SOMEWHAT RELATED TO THE TO THE SCHOOL BEHIND ON THE ON THE I-35 SIDE OF THE SO BEHIND THE SCHOOL THEY'RE DIGGING. DOING A LOT OF DIGGING RIGHT THERE. DO YOU KNOW WHAT THAT PART'S GOING TO BE? ON THE SCHOOL PROPERTY? IT'S IT'S ON THE SCHOOL PROPERTY. OH, THAT MIGHT BE PART OF THE DETENTION POND. OKAY. RETENTION. YEAH, THAT MAKES SENSE. THERE'S A POND ON THE. OH, OKAY. NEVER MIND. THEN WHAT IS IT? IT'S THE CONNECTION THAT'S GOING TO GO OUT INTO ONTO GRANT DRIVE. JUST IN OUR SUBGRADE PREP THERE. CAN I DRIVE THIS? THE THE PRESENTATION WASN'T UPLOADED CORRECTLY TO THE FOLDER. SO WE'RE GETTING THAT FIXED RIGHT NOW. SO IT'LL JUST BE ONE MORE MINUTE. BUT WE SIFT THROUGH ITEMS TWO THROUGH FOUR SO QUICK THAT. OH THERE WE GO. YEAH. I SEE ON MY SCREEN, BUT IT'S NOT UP THERE THERE THERE WE GO.

[00:10:17]

AND SO HERE'S OUR SUMMARY. SO THE HAYS ISD IS SEEKING APPROVAL OF THE CUP TO RENOVATE THE ELEMENTARY SCHOOL AND CONSTRUCT ADDITIONAL CLASSROOMS. THE IT INCLUDES RENOVATIONS AS WELL TO THE CAFETERIA, ADMINISTRATIVE OFFICES, LIBRARY AND SPECIAL EDUCATION, ART AND MUSIC ROOMS AS WELL. IT ZONED C TWO AND LOCATED IN BOTH THE I-35 AND GOFORTH OVERLAY DISTRICTS. IT'S KIND OF INTERESTING BECAUSE THE I-35 OVERLAY KIND OF CROSSES OVER THE TOP HALF OF THE PROPERTY, AND THEN THE GOFORTH OVERLAY CROSSES OVER MOST OF THE EXISTING BUILDING AND THE PROPOSED ADDITIONS. THE EXTERIOR OF THE PROPOSED ADDITIONS WILL BASICALLY MATCH THE EXISTING BUILDING. SO THEY'RE NOT DOING ANYTHING DIFFERENT. IT'S JUST GOING TO LOOK THE SAME ESSENTIALLY, BASICALLY AS IF IT'S ALWAYS BEEN THERE. AND THE BUILDING MATERIALS INCLUDE METAL PANELS AS WELL AS CMU, THE CONCRETE MASONRY UNITS. AND THEY ARE SEEKING IN, SORRY, A LANDSCAPING EXCEPTION TO OMIT THE REQUIRED SHRUBS UNDER CODE SECTION 54-6 AND A SITE PLAN. A SITE DEVELOPMENT PERMIT IS ALSO UNDER REVIEW. IT'S ESSENTIALLY READY TO GO, AND THE CUP IS KIND OF THE FINAL CHECK BOX THAT WE NEED TO TAKE OFF FOR. TO ISSUE THAT PERMIT. HERE IS THE OVERLAY. SORRY, THE OVERALL SITE PLAN, THE HIGHLIGHTED AREAS SHOWING THE BUILDING ADDITIONS AND THE BUILDING ADDITION IS ALMOST 20,000FT■!S WITH ADDING 18 CLASSROOMS. AND HERE IS THE PARKING ANALYSIS.

OVERALL THEY WILL BE PROVIDING MORE PARKING THAN WHAT IS REQUIRED. THEY'RE PLANNING TO ADD AN ADDITIONAL 10% OVER THE MINIMUM REQUIRED PARKING, SO THEY WILL BE PROVIDING 156 TOTAL SPACES, AND THE CITY REQUIREMENTS ARE 138. HERE'S JUST THE OVERALL LANDSCAPE LANDSCAPING PLAN. YOU CAN SEE THE THE LEGEND SHOWS A FEW DIFFERENT TREES THAT THEY ARE PROVIDING, AS WELL AS THE GRASSES. AND THAT JUST GOES INTO THE OTHER SIDE OF THE LANDSCAPING PLAN. SO THEY ARE MEETING THE OVERALL LANDSCAPING AREA REQUIREMENTS, AS WELL AS THE AMOUNT OF TREES THAT ARE REQUIRED. HOWEVER, THEY ARE SEEKING THE EXCEPTION TO THE REQUIRED NUMBER OF SHRUBS, WHICH IN THIS CASE IS 30 SHRUBS, AND THEY ARE CITING CONCERNS WITH MAINTENANCE AS WELL AS SAFETY CONCERNS. THEY ARE WORRIED ABOUT RODENTS AND THINGS LIKE THAT, AND WE'RE HOPING TO NOT HAVE TO PLANT THOSE SHRUBS. THIS SLIDE IS JUST A SORT OF RENDERING OF WHAT IT MIGHT LOOK LIKE IF THEY ADDED THE SHRUBS. THIS IS JUST PREPARED BY ME. THIS IS NOT A LANDSCAPE ARCHITECTS PLAN. SO MAINLY WE KIND OF WANTED TO HIGHLIGHT A CONTINUATION OF SHRUBBERY ALONG THE FRONT ON PHILOMENA DRIVE, AS WELL AS USUALLY WE SEE PLANTINGS AROUND THE PARKING AREAS AND DETENTION PONDS AND AROUND THE TREES AND SO FORTH. SO THAT'S JUST TO KIND OF GIVE YOU AN IDEA. NOW ON TO THE BUILDING ELEVATIONS.

AS I MENTIONED EARLIER, IT'S GOING TO MATCH THE EXISTING BUILDING. SO YOU'RE NOT GOING TO SEE SOME KIND OF FRANKENSTEIN BUILDING WITH A WHOLE DIFFERENT LOOK FOR THIS ADDITION. IT'S GOING TO BE SEAMLESSLY INTEGRATED WITH THE EXISTING ARCHITECTURE. AND THAT'S THE EAST EXTERIOR, SOUTH AND WEST ELEVATIONS ON THIS SLIDE. AND THAT'S WHAT THE EXISTING BUILDING LOOKS LIKE TODAY. SO AS MENTIONED EARLIER, IT WILL MATCH THE EXISTING ELEMENTARY SCHOOL. THE PARKING COMPLIES WITH THE REQUIREMENTS AND THE OUTDOOR LIGHTING ALSO COMPLIES AS WELL. SO YOUR OPTIONS TODAY ARE TO APPROVE THE CUP AS PRESENTED WITH THE

[00:15:03]

AND THAT'S IT. THANK YOU, MISS NINI, ARE THERE ANY QUESTIONS FOR STAFF? YEAH. WHAT ARE THE REQUIRED SHRUBS WHICH IT'S FOR 30 SHRUBS. YES. AND WHICH WHICH KIND OF SHRUBS ARE THEY STIPULATED. OH NO. THERE'S THERE'S A THERE'S A PLANTING LIST. A RECOMMENDED PLANTING LIST THAT THEY WOULD HAVE TO FOLLOW. BUT IT'S UP TO THE APPLICANTS TO CHOOSE FROM THAT LIST. AND THEY'RE CHOOSING TO SKIP IT ALTOGETHER. CORRECT. OKAY. SO. SIX TREES. THAT OFFSET. WHAT DO YOU LIKE TO CALL FOR THE RECORD? GOOD EVENING COMMISSIONERS. KATE WINSLET, EXECUTIVE DIRECTOR OF PLANNING, CONSTRUCTION AND BOND PROGRAMS FOR HAYS CISD, TO THE QUESTION ABOUT THE OMITTING THE SHRUBS, THE INTENT THERE IS, YES, IT IS A SAFETY CONCERN AS WELL AS A MAINTENANCE CONCERN. HOWEVER, IN A GOOD FAITH EFFORT, WE ARE REQUIRED TO. A MINIMUM REQUIREMENT IS TEN TREES. WE ARE PLANTING SIX TEEN TREES, SO WE FACTORED FIVE SHRUBS PER ONE TREE IN A GOOD FAITH EFFORT TO JUST NOT JUST BLOW IT ALL THE WAY TO THE SIDE. I'M JUST DANGEROUS, HAZARDOUS. WHATEVER LANGUAGE YOU USE, IT MAKES ME FEEL UNCOMFORTABLE WITH MY LANDSCAPING AT THIS POINT. WHAT PARTICULAR PLANTS ARE AT ISSUE HERE? I MEAN, I COULD SEE CERTAIN PLANTS ACTUALLY ARE FLAMMABLE LIKE YOU FIND HOLLY, BUT WHAT OTHER PLANTS ARE WE TALKING ABOUT? WHEN THEY AGE, THEY JUST BECOME UNSIGHTLY. AND AS YOU PROBABLY WELL KNOW, THE THE SCHOOL DISTRICTS ARE STRUGGLING WITH FUNDING RIGHT NOW. AND SO EVERY LITTLE BIT WE CAN SAVE BOTH ON WATER AND ON OPERATIONAL COSTS OF MAINTAINING THOSE ITEMS. EVERY LITTLE BIT HELPS, ESPECIALLY WHEN WE'RE TAXPAYER FUNDED ENTITY. YEAH. SO THERE WON'T BE ANY SHRUBS FOR THAT NEW ATHLETIC FACILITY UP AT HAYS HIGH SCHOOL EITHER. A FEW OF THEM. YES. OKAY. AGAIN, WE UNDERSTAND THAT WE WE DO WANT TO SOFTEN THE EDGES OF THE SITE.

YES, THERE'S THERE'S DEFINITELY AN INTENT THERE. OKAY. SO THE TREES OF CHOICE WOULD BE, I BELIEVE THEY ARE CEDAR ELMS, LIVE OAKS AND MEXICAN SYCAMORES, IF I RECALL CORRECTLY. OKAY.

ALL RIGHT. THANK YOU. YES, SIR. QUESTION FOR STAFF, IF YOU DON'T MIND, WOULD THE WOULD THE THE TREES THAT ARE BEING ADDED, WOULD THAT BE EQUAL TO THE AMOUNT OF WATER THAT THEY COULD ABSORB AND HANDLE OF THE SHRUBS THAT ARE BEING ELIMINATED? I CAN'T ANSWER THAT. I COULD TRY TO FIND OUT, BUT I DON'T KNOW. THAT. COMMISSIONER COPELAND. YES. SORRY FOR THE VEGETATION THAT'S REQUIRED. IS THERE A STIPULATION AS TO WHERE IT'S POSITIONED? AS LONG AS IT'S ON THE PROPERTY AND IT'S IN THE RIGHT QUANTITY, IT SATISFIES THE REQUIREMENT? YES. IT'S SUPPOSED TO BE IN THE SORT OF LANDSCAPED AREA THAT'S REQUIRED. AND THEN I BELIEVE KAYLA MIGHT KNOW THIS OFF THE TOP OF YOUR HEAD, BUT I THINK 35% OF THAT IS SUPPOSED TO BE AT THE FRONT OF THE PROPERTY. IS THAT CORRECT? OKAY. AND SO THE ADDITIONAL SIX TREES ABOVE THE CODE REQUIREMENT COULD, IN THEORY, BE IN THE SAME LOCATION AS WHERE THE SHRUBS WOULD HAVE BEEN TO MEET THAT REQUIREMENT ON THE SHRUBBERY SIDE. SURE. YES. OKAY. YEAH. ARE THERE ANY OTHER QUESTIONS FOR STAFF? I HAVE A QUESTION FOR THE PETITIONER OR APPLICANT.

WHATEVER THE RIGHT TERM IS HERE FOR THE SCHOOL DISTRICT. SO THE CODE CITED FOR THE EXCEPTION REQUIRES THAT WE MEET ONE OF FOUR CRITERIA. SO THE FIRST ONE IS THE SITE HAS SPACE LIMITATIONS OR AN UNUSUAL SHAPE THAT MAKES THE STRICT COMPLIANCE IMPOSSIBLE OR IMPRACTICAL. I DON'T HEAR A LIMITATION ON THE SITE SITE PLAN THAT WOULD PREVENT SHRUBS TO MEET THAT REQUIREMENT. IS THERE ANYTHING THAT WE'RE MISSING IN THAT CONTEXT, OR IS THAT A FAIR ASSESSMENT OF THE SITE LOCATION? CAN YOU READ THAT? YEAH. ONE MORE TIME PLEASE. THE SITE HAS SPACE LIMITATIONS OR AN UNUSUAL SHAPE THAT MAKES STRICT COMPLIANCE IMPOSSIBLE OR IMPRACTICAL. NOTHING TO MY KNOWLEDGE. TWO THE CONDITIONS OR ADJACENT TO THE SITE, SUCH AS TOPOGRAPHY, SOIL, VEGETATION, OR EXISTING STRUCTURES OR UTILITIES ARE SUCH THAT THE STRICT COMPLIANCE IS IMPOSSIBLE, IMPRACTICAL OR OF NO VALUE. IN TERMS OF

[00:20:02]

THANK YOU FOR SAFETY. AND THEN THE FOURTH OPTION IS CREATIVE ALTERNATIVE LANDSCAPE PLANS, WHICH WILL PROVIDE AN EQUAL OR BETTER MEANS OF MEETING THE INTENT OF THE LANDSCAPING AND SCREENING REGULATIONS OF THIS DIVISION. IT SOUNDS LIKE THE THE PROPOSAL OF SIX TREES IN EXCHANGE FOR THE 30 SHRUBS IS YOUR ATTEMPT TO FIT WITHIN THAT BUCKET. IS THAT FAIR? YES, SIR.

OKAY. THANK YOU. YEP. ARE THERE ANY OTHER QUESTIONS FOR STAFF OR THE APPLICANT? OKAY. WOULD SOMEONE LIKE TO BRING A MOTION FOR US? MADAM CHAIR, I'D LIKE TO MAKE A MOTION THAT WE ACCEPT THE CONDITIONAL USE PERMIT AS PRESENTED WITH THE LANDSCAPING EXCEPTION. SECOND, OKAY. WE HAVE A MOTION FROM COMMISSIONER HILDRETH TO APPROVE THE CONDITIONAL USE PERMIT, WITH THE EXCEPTION FOR LANDSCAPING AND A SECOND FROM COMMISSIONER WEBB. IS THERE ANY DISCUSSION ON THAT MOTION? I WOULD JUST NOTE THAT IT SOUNDS LIKE THEY'VE MET AT LEAST ONE, IF NOT TWO, OF THE REQUIREMENTS FOR AN EXCEPTION. SO IT SEEMS LIKE IT COULD FIT WITHIN THAT PARAMETER. I AGREE WITH THAT. THEY'RE REPLACING THE SHRUBS WITH THE TREES AND MADE AN EFFORT TO ACCOMMODATE THAT. SO. OKAY, ALL THOSE IN FAVOR OF APPROVING THE CONDITIONAL USE PERMIT WITH THE LANDSCAPING EXCEPTION, PLEASE SAY AYE. AYE. ALL OPPOSED SAY NAY. OKAY, THAT ONE IS APPROVED. AND WITH THAT WE HAVE COMPLETED ALL THE ITEMS OF BUSINESS ON TODAY'S AGENDA.

SO NO FURTHER THINGS CAN BE DISCUSSED AND WE ARE ADJOURNED

* This transcript was compiled from uncorrected Closed Captioning.