[00:00:01]
SIX 31.I'D LIKE TO CALL THE CITY OF KYLE PLANNING AND ZONING COMMISSION REGULARLY SCHEDULED MEETING TO ORDER.
UM, CAN I HAVE A ROLL CALL PLEASE? SHY MEYER HERE.
[3. Citizen Comments]
NUMBER THREE, CITIZEN COMMENTS.UM, IF THERE ARE ANY CITIZENS WHO'D LIKE TO MAKE COMMENTS.
WE DO HAVE A FEW PUBLIC HEARINGS FOR DIFFERENT ITEMS TODAY, BUT IF THERE'S ANY CITIZENS WHO'D LIKE TO MAKE COMMENTS EITHER.
NOW IN CITIZEN COMMENTS, TIME, EITHER IN PERSON OR OVER THE PHONE.
WAS THERE ANYONE ON THE LINE? YOU DON'T SEE ANYONE ON LINKEDIN.
I WILL CO I WILL CLOSE THE COMMENTS.
[4. Consent]
CONSENT AGENDA.WE APPROVE ALL CONSENT AGENDA ITEMS. THANK YOU.
WE HAVE, UH, WE HAVE A MOTION.
WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.
ANY OPPOSED? MOTION PASSES NEXT, UM, ITEM FIVE, ITEM
[A.
Consider a request by Goforth Partners, Inc. (Z-21-0078) to rezone approximately 1.63 acres of land from Construction Manufacturing ‘CM’ to Retail Service District ‘RS’ for property located at 1050 Bunton Creek Road,in Hays County, Texas.
- Public Hearing
- Recommendation to City Council
FIVE A CONSIDER REQUEST BY GOFORTH PARTNERS, INC Z DASH TWO ONE DASH ZERO ZERO SEVEN EIGHT TO REZONE, APPROXIMATELY 1.63 ACRES OF LAND FROM CONSTRUCTION MANUFACTURING, CM TO RETAIL SERVICE DISTRICT RS FOR PROPERTY LOCATED AT ONE ZERO FIVE ZERO BUTTON CREEK ROAD IN HAYES COUNTY, TEXAS.
THERE IS A PUBLIC HEARING FOR THIS ITEM.
MUST HAVE SAME OBJECTION TO HAVE AN OPEN.
THE PUBLIC HEARING PUBLIC HEARING IS NOW OPEN.
IS THERE ANY ONE ONLINE OR IN PERSON WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING AND HEARING NONE? I WILL CLOSE THE PUBLIC HEARING, UH, NEXT, UH, MR. ATKINSON.
I'M GONNA SHARE MY SCREEN HERE REAL QUICK.
UM, BEFORE YOU, WE HAVE PETITION NUMBER Z 21 DASH ZERO ZERO SEVEN EIGHT.
IT'S LOCATED AT 10 50 BUTTON CREEK ROAD.
UM, THEY ARE REQUESTING A REZONING OF 1.6, THREE ACRES FROM CONSTRUCTION MANUFACTURING OR CM TO RETAIL SERVICES.
SO DISTRICT, UH, RIGHT HERE, WE HAVE THE VICINITY MAP, UH, EVERYTHING, THE PARCEL OUTLINED IN YELLOW.
I'M GOING TO SCROLL DOWN JUST A BIT, LIKE I SAID, IT'S, UH, CURRENTLY ZONED, UM, UH, TO THE SOUTH.
WE HAVE THE SIEBEL CHASE NEIGHBORHOOD, WHICH HAS REAL FAMILY DETACHED AND ZONED R ONE, UM, TO THE, UH, TO THE WEST AND NORTHWEST.
WE HAVE A PROPERTY ZONE FOR CM ON THE HARD CORNER RIGHT HERE NEXT TO IT.
WE HAVE THE, UH, THEIR BREAD BASKET CAN BE A STORE.
AND THEN ACROSS, UH, PHILOMENA DRIVE, WE HAVE, UH, MISCELLANEOUS STEEL PRODUCTS, UH, TO THE NORTH.
WE HAVE ZONE OR PROPERTY ZONE.
AG IS CURRENTLY GOING THROUGH THE MXD ZONING PROCESS RIGHT NOW.
UM, AND IT'S CURRENTLY VACANT, UM, TO THE EAST IS MORE CONSTRUCTION MANUFACTURING, MOSTLY LARGE OR SMALL WAREHOUSES OR, UH, MANUFACTURING TYPE USES KNOW OVER ON THE CORNER TO THE EAST WITH ACL ON BUTTON CREEK ROAD.
WE HAVE, UM, RE AREAS ZONE FOR RETAIL SERVICES WITH, UH, UH, A PROJECT CALLED GEMSTONE PALACE.
IT'S ESSENTIALLY A STRIP CENTER AND A OH, AND A DANCE HALL FACILITY THAT YOU CAN RUN.
I HAVE A TYPO IN THERE ON MY EDITING FROM THE VIDEO, BUT IT'S, IT IS OWN CM.
UM, THEY WANT ARE WANTING TO REZONE IT OR GOWNS ZONE IT AT THEIR REQUEST TO RETAIL SERVICES, ZONING DISTRICT.
AND THEN THAT'S YOUR TYPICAL HIGHWAY COMMERCIAL ZONING DISTRICT WHERE YOU HAVE RESTAURANTS OR AN OFFICE HOTEL, UM, JUST GENERAL RETAIL THINGS THAT ARE NOT INTRUSIVE TO ADJACENT PROPERTY.
AND THEY'RE TYPICALLY INSIDE, UH, FROM A CONSUMER STANDPOINT WHERE YOU GO AND PURCHASE STUFF, AND IT INCLUDES ALL THE USES ALLOWED IN THE CBD ONE CBD TO AND RSS ZONING DISTRICTS.
AND THAT'S A LOT OF USES BY THE WAY.
SO FROM THE COMPREHENSIVE PLAN TEXT, UM, A MAJORITY OF THE PROPERTIES WITHIN THE SUPER REGIONAL NODE, A SMALL PORTION IS ACTUALLY THE SOUTHERN CORNER OF THAT IS IN THE NEWTOWN COMMUNITY.
BUT FOR THE PURPOSES OF, OF THIS, UM, REQUEST IT'S FROM A DEVELOPABILITY STANDPOINT,
[00:05:01]
IT'S, IT'S IN THE SUPER REGIONAL NODE.UH, THE RETAIL SERVICES ZONING DISTRICT IS RECOMMENDED WITHIN THE SUPER REGIONAL NODE IT'S INTENDED TO CAPTURE.
UM, IT'S INTENDED TO CAPTURE, UM, EXCUSE ME, CUSTOMERS AND FROM BOTH LOCAL REGIONAL AND A SUPER REGIONAL PRESENCE AND ATTRACT THEM TO KYLE AND HAVING A PROJECT THAT ADDS TO THAT WILL IS GOOD FOR BOTH THE COMMUNITY AND FOR THE TAX BASE OF THE CITY OF TITLE.
IT'S RIGHT IN THIS AREA WHERE WE HAVE A HOSPITAL IN THE, UM, A FEW HOTELS AND A MULTITUDE OF BIG BOX STORES AND RESTAURANTS.
SO IT'S, IT'LL, IT'LL HELP ADD TO THAT AREA.
UM, IT IS APPROPRIATE FOR IT TO BE DOWN ZONED.
UM, LIKE I SAID TO THE WEST, AS YOU GET CLOSER TO
UM, THE, THE LAND PATTERN IS PARTIALLY BUILT OUT FROM A RETAIL STANDPOINT OR A GOVERNMENT STANDPOINT FROM AN INSTITUTIONAL STANDPOINT.
AND SOME OF IT'S STILL UNDEVELOPED JUST TO THE NORTH, BUT THAT IS QUICKLY CHANGING.
WE DON'T, WE, WE ARE ABSOLUTELY ALL RIGHT WITH IT BEING DOWN ZONED FOR THAT REASON.
UM, AND EVEN A LITTLE BIT TO THE NORTHEAST, UM, WHERE IT JUMPS ON PULSES.
THERE'S ALSO A LOT OF RETAIL ON THAT CORNER.
SO AS YOU GO FURTHER WEST OR FURTHER SOUTHEAST, IT STARTS GETTING INTO, UH, AN AREA THAT IS, UM, KIND OF ORGANICALLY GROWN, WHERE IT WAS, UH, OVER, BEFORE IT WAS ANNEXED, IT WAS TURNED INTO CONSTRUCTION MANUFACTURING, OR THE EQUIVALENT OF WHEN THE SUBDIVISION WAS MADE, UM, FOR THAT TYPE OF USE.
SO IT TURNS INTO MORE OF A WAREHOUSE DISTRICT OF LINES BUTTON CREEK ROAD.
BUT BY THE TIME WE GET TO THE LAYMAN, UH, ROAD INTERSECTION WITH LEHMAN HIGH SCHOOL, EVERYTHING ON THE LEFT AND RIDE IS EITHER A LARGE LOT RESIDENTIAL, WHICH IS ON THE NORTH SIDE OF THE ROAD OR TO THE SOUTH.
YOU GET THE CONTINUED MISSION OF THE CUL CHASE NEIGHBORHOOD.
UM, AS I SAID, AS A DOWN ZONING, UH, IT DOES GET MORE RESTRICTED WHEN IT COMES TO LAND USES AND THOSE USES ARE GENERALLY INSIDE.
UM, NOT ALWAYS, BUT THEY ARE FROM A RETAIL SERVICES ZONING DISTRICT.
SO THE RESIDENTS THAT ARE ON THE BACKSIDE OF THIS PROPERTY, THEY'LL BE LESS LIKELY TO BE, UM, HAVE A NUISANCE, UM, JUST ACROSS THEIR FENCE LINE IF THIS SITE IS DEVELOPED IN A RETAIL MANNER.
BUT BECAUSE OF THAT, UH, WE DO SUPPORT IT AND WE ASK THAT YOU I'LL MAKE A RECOMMENDATION, BOTH SUPPORTING IT AS WELL.
DO Y'ALL HAVE ANY QUESTIONS FOR ME? THANK YOU.
ANYONE WITH ANY QUESTIONS FROM US? YEAH, I GOT ONE QUESTION.
HOW FAR DOES THE HIGH 35 OVERLAY EXTEND FROM 35? HOW MANY WHAT'S THE DISTANCE? OKAY.
UH, 1500 FEET FROM THE OUTER RIGHT-AWAY EDGE.
UM, I DO NOT BELIEVE THIS IS IN THAT, BUT IT MIGHT BE, UH, BUT IT IS IN THE GOFORTH ROAD OVERLAY, WHICH EXISTS.
UM, WE RENAMED BUTTON CREEK ROAD, BUT THE OVERLAY STILL EXISTS.
UM, SO THEY DO HAVE TO GO THROUGH A CONDITIONAL USE PROCESS, BUT DEPENDING ON WHERE IT IS GEOGRAPHICALLY, IT MAY OR MAY NOT, UM, HAVE TO FOLLOW THE
THE LINE FOR THE
UM, AND I THINK, UH, IF YOU GO NORTH FROM THE GOODWILL BUILDING, OR IS IT, IS IT GOODWILL OR IS IT IS GOODWILL RIGHT? THE THRIFT STORE THERE.
UM, IF YOU GO TO THE NORTH, THERE'S A, UH, DIALYSIS KIDNEY DIALYSIS BUILDING THAT IS PRETTY MUCH THE LINE THAT'S 1500 FEET FROM THE EASTERN EDGE OF THE RIGHT OF WAY BY 35 WILLS.
THERE, THERE ARE OTHER OVERLAY DISTRICTS THAT ALSO APPLY ANOTHER FOLLOW-UP QUESTION IS YOU, YOU SAID THAT, UH, OUR S WOULD BE LESS OF A NUISANCE TO THE PEOPLE LIVING THERE THAN CM.
COULD YOU FURTHER ELABORATE ON THAT? I WOULD THINK THEY WOULD BOTH BE POTENTIALLY EQUALLY, UH, COULD BE EQUALLY BAD DEPENDING ON WHAT'S LOCATED THERE.
MOST OF THE USES ALLOWED IN THE RETAIL SERVICES, OWNERSHIP DISTRICT ARE SUPPOSED TO BE INSIDE.
UM, THERE ARE A FEW EXCEPTIONS LIKE OUTDOOR DINING, UM, UH, OUTDOOR DISPLAY OF MERCHANDISE THAT'S BUILT INTO OUR ARIZONA CODE.
UM, AND IF ANYBODY DOES WANT TO CONTINUE WITH THAT AND MAYBE EXPAND THOSE OUTDOOR USES, THEY HAVE TO GO THROUGH A CONDITIONALLY USE PROCESS, AN ACTUAL CONDITIONAL USE PROCESS TO GO THROUGH A PUBLIC AREA.
AND WHAT HAVE YOU, THE WAREHOUSE AND CMS ZONING DISTRICTS, WHICH THE CM ALLOWS EVERYTHING WITH ALSO OUR HOUSE AND RS NCM, UM, THE CM AND WAREHOUSE USES.
THEY ARE ALLOWED TO SOMETIMES BE OUTSIDE, UM, FROM A STORAGE LOT BEHIND THE BUILDING.
[00:10:01]
ON THE USE, SOME, SOME USES ARE PRETTY TYPICAL WHEN YOU SEE THOSE LAND USE PATTERNS LIKE, UH, OUTDOOR STORAGE OF A GRAVEL AND SAND SALES, JUST DOWN THE ROAD, A UNIVERSAL FOREST PRODUCTS.THEY DO HAVE OUTDOOR STORAGE OF ALL THEIR TRUSSES THEY BUILD, AND THEY'RE ALLOWED TO DO THAT.
THEY DO MANUFACTURED INSIDE, BUT THERE'S A LOT OF TRUCKS FOR GOING THROUGH THE ARTS THERE AND MAKES A LOT OF NOISE.
AND SO WHEN YOU, WHEN A MAJORITY OF, UH, USERS ARE INSIDE, UM, DOWN ZONING IT IN THIS MANNER IS APPROPRIATE FOR THAT, ESPECIALLY WITH ADJACENT TO RESIDENTIAL AND THEY COULDN'T CONSTRUCT WHAT THEY WANT TO DO ON THIS PROPERTY.
IT'S NOT FLEXIBLE ENOUGH FOR THAT.
THEY WERE DOWN ZONING, WHICH WOULD MEAN WE'RE MAKING IT LESS OPEN TO, TO USE.
IT'S NOT A QUESTION IT'S MORE THAN LIKELY, UM, DESIGN METRICS OF BUILDING, INCLUDING REQUIRED YARDS.
UH, CM HAS PRETTY ONEROUS SETBACKS THAT ARE REQUIRED OF THE STRUCTURES WHERE RS ARE MUCH MORE DIMINUTIVE.
YOU CAN USE MORE OF THE LOT ON A LOT OF THIS SIZE.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
IF THERE ARE NO MORE QUESTIONS, CAN I HAVE EMOTIONAL PLACE? I MOVE TO ADOPT ITEM NUMBER SIX AS WRITTEN.
IT HAS BEEN MOVED TO, UM, TO APPROVE ITEM FIVE A CAN I HAVE A SECOND PLEASE? I'LL SECOND.
IT HAS BEEN MOVED AND SECONDED.
I'M IN GENERALLY NOT IN FAVOR OF GETTING RID OF ANY CM AREAS, BUT, UM, GIVEN THE SIZE OF THIS PARTICULAR LOT AND, UH, WHAT HOWARD SAID RELATED TO THE SETBACK REQUIREMENTS, I'M INCLINED TO NOT BE AS CONCERNED ABOUT THAT.
AND I DON'T KNOW THAT IT'S BIG ENOUGH TO DO MUCH WITH, FROM A CONSTRUCTION MANUFACTURING STANDPOINT.
SO, UM, I'M OKAY WITH, WITH THE ZONING CHANGE.
[B.
Consider a request by CTX Park, LLC (Z-21-0079) to assign original zoning to approximately 1.105 acres of land from Agriculture ‘AG’ to Retail Service District ‘RS’ for property located within the 1800 block of Goforth Road, in Hays County, Texas.
- Public Hearing
- Recommendation to City Council
THERE IS A PUBLIC HEARING FOR THIS ITEM.
UM, THERE ARE NO OBJECTIONS I'M GONNA OPEN.
THERE ARE ANY, UM, CITIZENS WHO WOULD LIKE TO SPEAK EITHER ONLINE OR IN PERSON ON THIS ITEM, SEEING AND HEARING NONE.
I WILL CLOSE THE PUBLIC HEARING NEXT.
UM, MR. ATKINSON, YOU, UH, UH, WELL, I CAN SAY FOR THE RECORD, UH, BEFORE WE, WE UP, UH, PETITION NUMBER OF Z 21 DASH ZERO ZERO SEVEN NINE, AND THEY'RE WANTING TO RESOLVE APPROXIMATELY 1.105 ACRES, UH, FROM AGRICULTURE TO RETAIL SERVICES.
UM, THIS, UM, LOOK TUNA IS APPROXIMATELY 1000 FEET NORTH OF THE INTERSECTION OF BUTLER CREEK ROAD AND GOFORTH ROAD, UH, AS SHOWN IN THE VICINITY MAP.
UH, IF YOU'RE NOT REAL SURE WHERE THAT IS GEOGRAPHICALLY, IT'S WHERE THEY BUILT A ROUNDABOUT OR THEY'RE STILL CONSTRUCTING IT.
UH, JUST NORTH AFRICA SET A RANCH THERE.
UM, THIS PROPERTY IS, UM, IT'S, IT'S, IT'S VERY UNIQUE IN TERMS OF THE PROCESS THEY'RE GOING THROUGH.
UM, THEY FIRST APPROACHED TO THE STAFF, UM, JUST THINKING THEY JUST NEEDED TO DO A SUBDIVISION.
SO I CAN SUBDIVIDE OUT PART OF THE, THIS FARM LAND PARCEL THAT'S IN OUR, OUR ETJ, UH, TO, TO BUILD A FACILITY OF SORTS, A COMMERCIAL FACILITY.
UM, AND WE WERE INITIALLY OKAY WITH THAT, BUT SOMETHING WAS JUST, SOMETHING WAS GETTING TO ME IN THE BACK OF MY HEAD.
AND I WAS LIKE, THERE'S SOMETHING ABOUT THIS PROPERTY.
SO I LOOKED UP TO SEE IF THERE WAS A, WHAT WE CALL A CHAPTER 43, UM, NON ANNEXATION DEVELOPMENT AGREEMENT ASSOCIATED WITH THE, UH, 29 ACRE PARCEL THAT MAKES A, THIS BACKWARDS LETTER P SHAPE, IF YOU WILL.
[00:15:02]
ACRE PARCEL WAS PART OF A LARGER TRACK THAT HAS A NON ANNEXATION DEVELOPMENT AGREEMENT ON IT.CHAPTER 43 AGREEMENTS ARE IN PLACE WHEN A CITY, UM, COMES ALONG AND WANTS TO START ANNEXING ADJACENT PARCELS THAT ARE INSIDE THE COUNTY AND OUR ETJ, AND THE STATE REQUIRES US TO OFFER THEM THE OPTION OF GOING INTO A NON ANNEXATION AGREEMENT BECAUSE THEY WANT TO PRESERVE THEIR AGRICULTURAL STAFF.
UM, WHETHER IT'S TIMBERLAND PRODUCTION, CROP, PRODUCTION, LIVESTOCK, WHAT HAVE YOU.
AND IT'S USUALLY FOR A NUMBER OF YEARS, TYPICALLY 15, BUT THE CITY NEGOTIATES THAT WITH A LANDOWNER, BUT THEIR STIPULATIONS THAT THEY HAVE TO KEEP IT IN THAT MANNER FROM A, UH, AGRICULTURAL PRODUCTION PERSPECTIVE.
AND IF THEY DO ANYTHING THAT VIOLATES THAT DEVELOPMENT AGREEMENT, THE CITY IS ALLOWED TO UNILATERALLY ANNEX THEM BECAUSE THEY BOTH AGREED TO IT.
AND IN THIS CASE, THE PROPERTY OWNER HAS ALREADY PURCHASED THE 1.15 ACRE, 1.105 ACRE PARCEL, AND THEY HAVE TO SUBDIVIDE.
AND THAT'S ONE OF THE TRIGGERS FOR THAT.
SO THEY'VE STARTED GOING THROUGH THE ANNEXATION PROCESS.
UM, THEY WERE, IT PASSED ON FIRST READ, UH, LAST TUESDAY, UM, CITY COUNCIL, CITY COUNCIL WAS AWARE THIS WAS COMING UP, UH, CAUSE THEY HAD TO MAKE THE DECISION TO SEE IF WE WANTED TO ANNEX IT OR NOT.
SO, UM, SO THIS PARCEL IS NOT GOING THROUGH THE ZONING PROCESS AND THIS IS THE MOST APPROPRIATE ZONING FOR THIS AREA, FOR WHAT THEY WANT TO DO.
IT IS CURRENTLY ZONED AG CAUSE IT WASN'T AN NEXT WEEK.
UM, BUT THEY WANT TO BE ZONED AT 1.5, 1.105 ACRES TO RETAIL SERVICES.
UM, AND THIS AREA IS, IS INSIDE THE YELLOW CIRCLE, WHICH IS CALLED A LOCAL NODE.
AND THAT'S A HIGHER INTENSITY OF USE WHERE YOU SHOULD CONCENTRATE A RETELL OR HIGHER TENTS, INTENSITY, RESIDENTIAL, UM, AND VARIOUS TYPES OF SIMILAR LAND USES THAT YOU CAN BENEFIT FROM WALKING TO WHEN IN A DEVELOPED STATE.
AND SO WE LOOKED AT IT AND WE SAID, YEAH, WHAT YOU WANT TO DO, WHICH WE CAN'T REALLY TALK ABOUT TONIGHT, BUT WHAT YOU WANT TO DO MATCHES AND FALL WITHIN THE RETAIL SERVICES ZONING DISTRICT.
AND SO WE SAID IF AS YOUR UPON ANNEXATION, AND THIS IS THE, THE DISTRICT YOU SHOULD, YOU SHOULD GO FOR IT.
UM, AND THE LOCAL NODE RETAIL SERVICES IS CONDITIONAL, BUT WE TEND TO FOCUS MORE ON THE HIGH-INTENSITY, UM, AND DENSITY RESIDENTIAL AND MORE, UH, USES THAT, THAT HAVE MORE URBAN METRICS ASSOCIATED WITH THEM.
BUT IN THE CASE OF WHAT THEY'RE WANTING TO DO, IF IT'S BEST IN THE RETAIL SERVICES, ZONING DISTRICT, AND THAT'S PRETTY MUCH IT, UM, THEY ARE GOING TO HAVE TO, NOW THAT THEIR ANNEX, WHEN THEY DEVELOP A SITE, THEY ARE GOING TO HAVE TO BUILD EVERYTHING TO THE RETAIL SERVICES AND DISTRICT STANDARDS.
THEY'RE GONNA HAVE TO BUILD SIDEWALKS, MAKE SURE THE BUILDING IS IN THE CORRECT PLACES FOR SETBACKS AND PREVIOUS COVER, UM, PARKING, LANDSCAPING, ALL OF THAT STUFF.
UM, WE WILL PROVIDE WASTEWATER TO THEM, UH, BUT UM, COUNTY LINES, SPECIAL UTILITY DISTRICT WILL PROVIDE WATER, SO DIFFERENT A WATER PROVIDER.
AND, UM, THEY'RE JUST GONNA GO THROUGH THE STANDARD PROCESS OF GOING TO GET ALL THEIR PERMITS.
AND SO YOU'LL, YOU'LL SEE A COMEBACK FROM A, FOR A PLANT STANDPOINT, UM, A CONDITIONAL USE PERMIT WHEN IT COMES TO THE, UM, METRICS FOR THE, UM, EXTERIOR FACADE SPECIFICALLY.
AND, UM, WE SUPPORT THE REZONING AND WE HAVE SET.
YOU ALL HAVE ANY QUESTIONS? THANK YOU.
IS THERE ANY QUESTIONS FOR, WELL, OUR STAFF? I HAVE A COUPLE, YES, FOR SURE.
SO IF YOU GO BACK TO THE, THE STAFF MEMO AND SCROLL UP TO THE RECOMMENDED AND, UM, CONDITIONAL USES FOR LOCAL NODE REGION.
DO WE HAVE THE, THE HISTORY BEHIND WHY? UM, WE PREFER COMMUNITY COMMERCIAL AND NEIGHBORHOOD COMMERCIAL FOR THE LOCAL NODES AS OPPOSED TO RS AND WHY IT'S CONDITIONAL RATIONALE IS THAT HAVING TO DO WITH PROXIMITY TO NEIGHBORHOODS OR SOME OF IT DOES, BUT SOME OF IT HAS TO DO WITH, UM, THE DESIGN METRICS IN THOSE ZONING CODES TEND TO FIT BETTER FROM A MORE URBAN ENVIRONMENT.
UM, THEY HAVE, UH, UM, REQUIREMENTS WHERE YOU HAVE THE, UH, PARKING BEHIND THE BUILDINGS, MORE OF IT THAN NOT, UM, WHERE YOU CAN HAVE VERTICAL MIXED USE ASSOCIATED WITH CC AND N C, BUT THEY DO HAVE A MORE LIMITED USE ALLOWANCE.
AND THE FACT, AND AGAIN, I'M NOT GOING TO SAY WHAT THEY'RE GOING TO DO, WANTING TO DO BECAUSE THAT'S AGAINST STATE LAW, BUT THE USE
[00:20:01]
THEY ARE PURSUING IS BEST FITS WITHIN THE RETAIL SERVICES ZONING DISTRICT, BUT IT W WHENEVER THEY DO DEVELOP, THEY WILL HAVE TO COMPLY WITH ALL THE RULES AND REGULATIONS FOR THE ZONING DISTRICTS.I MEAN, I THINK THEY GET A LITTLE BIT CCO, R R S IS OUR HIGHWAY COMMERCIAL.
THE LIST OF USES IS EXHAUSTIVE.
NOT ALL OF THEM NECESSARILY WOULD BE CONSIDERED APPROPRIATE IN ALL AREAS OF THE CITY.
WE CAN ACCOMPLISH MOST OF THE CONVENIENCE RETAIL THAT YOU WOULD EXPECT IN A LOCAL NODE THROUGH N C, N C, C, AND ADDITIONALLY, NC AND CC HAVE SOME DESIGN METRICS ASSOCIATED WITH THEM AS FAR AS WHAT THE PRODUCT NEEDS TO LOOK LIKE AS IT OPERATES ON THE SITE.
UM, BUT IN THIS INSTANCE, UM, YOU KNOW, IN, IN TALKING WITH THEM, RS IS ALLOWABLE CONDITIONALLY.
WE DON'T DEFINE WHAT THOSE CONDITIONS ARE ANYWHERE IN OUR CODE.
UM, SO WE'VE ALWAYS INTERPRETED THAT TO MEAN IF THE UTILITY AND TRANSPORTATION NETWORK ADJACENT WAS SUFFICIENT TO BE ABLE TO HANDLE WHATEVER CAN BE BUILT ON RS IN CONCERT WITH THE BUILDING ENVELOPE OF WHAT COULD BE DEVELOPED, YOU CAN LOOK AT THE DIMINUTIVE SIZE OF THE SLOT, UM, AND HAVE AN EXPECTATION ABOUT THE INTENSITY OF ANY USE THAT WOULD BE ESTABLISHED THERE.
UM, THE, THE FOLKS COMING FORWARD THAT WANT TO DO THIS PROJECT WOULD GET MORE UTILITY FROM RS THAN THEY WOULD BE ABLE TO GET.
WOULDN'T EVEN BE ABLE TO NECESSARILY MOVE FORWARD WITH THE, WITH THE SMALLER CONVENIENCE RETAIL ZONING, THAT COUPLED WITH THE FACT THAT WHEN WE ADDRESSED IT CONDITIONALLY, WE DIDN'T FIND ANY THREATS TO HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY.
AND WE FOUND THAT THE TRANSPORTATION AND UTILITY NETWORK WAS SUFFICIENT FOR WHAT THEY WERE LOOKING TO DO.
SO WE'RE ABLE TO GET BEHIND IT AND RECOMMENDED AS WELL.
SO YOU IN KIND OF SUMMARY, YOU WOULD SAY NC AND, AND CC AREN'T NECESSARILY THERE AS A PROTECTION AGAINST NUISANCE, AND THERE'S NOT NECESSARILY ANY HIRING NUISANCE ASSOCIATED WITH RS.
THAT'S MORE DOES THE CITY'S UTILITY INFRASTRUCTURE ROAD INFRASTRUCTURE IS CAPABLE OF SUPPORTING IT IN THIS PROJECT CASE, IN THIS PARTICULAR CASE, EXCUSE ME, WE HAVE THE ABILITY TO SUPPORT IT.
THEREFORE IT'S AN APPROPRIATE CONDITIONAL USE.
I MEAN, THERE'S, THERE'S MORE TO IT THAN JUST THE LOCATION AND THE USE.
UM, THERE'S THE, LIKE I SAID, THE SIZE OF THE LOT, UM, THE EXPECTATION NOW, AND IN THE FUTURE FOR TRANSPORTATION CORRIDORS AND THE AVAILABILITY OF WATER WASTEWATER TO GET TO IT, AND ALL OF THAT PUT TOGETHER AND EVALUATED, WE, WE FOUND IT ACCEPTABLE TO SUPPORT THE REQUEST.
ONE QUESTION OF CURIOSITY THOUGH, WHERE THE PEOPLE WHO PURCHASE THIS LAND ARE AWARE OF THE MASTER PLAN AND THE OTHER AGREEMENT YOU SAID THAT THEY WEREN'T, I CAN'T, I CAN'T TELL YOU THAT.
I, I CAN'T IMAGINE THEY WERE JUST WITH THE EXPECTATIONS THAT THEY HAD COMING FORWARD FOR DEVELOPMENT OF THE PROPERTY MOVING FORWARD.
UM, BUT I WASN'T PRIVY TO THAT.
I WAS NOT AWARE THAT THIS PIECE OF LAND WAS BEING MARKETED BY THE FAMILY THAT OWNED IT.
UM, I DON'T KNOW WHAT THE DETAILS OF THE CONVERSATIONS WERE.
I DON'T KNOW IF THERE WAS A TITLE SEARCH, YOU KNOW, WE, WE, THE, THE ADMINISTRATION WERE BROUGHT IN, NO, I WOULD CALL IT AT THE 11TH HOUR OF THE GENTLEMAN AS HE MOVED FORWARD.
AND WE HAD THE BACKUP, THE CLOCK FOR HIM FOR A LITTLE BIT SO THAT HE COULD GET RIGHT WITH, WITH OUR CODES AND REQUIREMENTS BEFORE WE COULD, YOU KNOW, CONTINUE HIM DOWN HIS PATH.
SO THIS HAS JUST BEEN A LITTLE BIT OF A HITCH IN THE GIDDY UP FROM OUR PERSPECTIVE, BUT AS FAR AS WHAT CONVERSATIONS WERE HAD, OR WEREN'T HAD, UM, I WOULDN'T IMAGINE THAT OUR, OUR MASTER PLAN OR THE INFORMATION WAS OUT THERE.
IF SOMEONE WERE GOING TO GO DIG, THEY COULD HAVE FOUND IT, UM, BEFORE THE PURCHASE OF THE LAND.
I MEAN, IF YOU, IF YOU WOULD HAVE CONTACTED, IF YOU WOULD HAVE KNOWN TO CONTACT THE CITY OF KYLE AND KNOWN TO ASK THE QUESTION, WHETHER OR NOT THERE WAS A CHAPTER 43 AGREEMENT IN PLACE AND KNOWN TO ASK WHETHER OR NOT THE CITY HAD AN EXPECTATION FOR THIS PROPERTY MOVING FORWARD, IF YOU WOULD HAVE BEEN SAVVY ENOUGH TO ASK THOSE VERY SPECIFIC QUESTIONS OF A VERY SPECIFIC DEPARTMENT IN THE NEXT DOOR, UH, YOU KNOW, JURISDICTION, IT COULD HAVE GOTTEN THAT INFORMATION, BUT I MEAN, I DO THIS FOR A LIVING AND I UNDERSTAND THAT IT'S NOT INTUITIVE, NOT EVERYBODY DOESN'T KNOW NECESSARILY TO, TO MAKE THOSE, THOSE INQUIRIES.
ANY OTHER QUESTIONS FOR STAFF? YEAH, SO, SO JUST FOR MY KNOWLEDGE, SO SOMETHING LIKE THIS WOULD NOT SHOW UP, LIKE ON A TITLE SEARCH OR SOMETHING LIKE THAT.
MY EXPECTATION WOULD BE THAT IT WOULD, BECAUSE THE, THE AGREEMENT, AT LEAST IN THE TIME THAT WE'VE ADMINISTERED THESE AGREEMENTS, WE REQUIRE THAT THEY'D BE RECORDED AT THE COUNTY, BUT I CAN'T, I DON'T REMEMBER.
MAYBE WE'LL DO YOU KNOW, THE YEAR
[00:25:01]
THAT THIS AGREEMENT WAS ENTERED INTO, UM, MAYBE THERE'S A, UH, DEED BOOK AND PAGE ASSOCIATED WITH ONE OF THE COPIES OF THE AGREEMENT THAT WE HAVE.CAUSE I THINK WHAT WE'RE DOING IS WE'RE WORKING FROM HISTORIC COPIES OF THE AGREEMENTS THAT WE HAVE IN HOUSE, WHICH WOULDN'T NECESSARILY BE THE RECORDED VERSIONS, BUT THEY WOULD BE THE SIGNED VERSIONS.
UM, BUT I, I DON'T KNOW THE ANSWER TO WHETHER OR NOT THEY WOULD COME UP IN A TITLE SEARCH.
IT'S NOT A, I DON'T HAVE, I DON'T HAVE A STRONG, UH, PROFESSIONAL HISTORY AND TITLE SEARCH, SO I'M NOT SURE WHAT THEY DO OR WHAT THEY TURN UP.
IT I'D HAVE TO GO BACK AND FIND IT.
IT SHOULD HAVE BEEN RECORDED AT THE COUNTY.
UM, AND IT, UM, IT'LL HAVE THE LITTLE STAMP AT THE TOP OF EACH PAGE WHEN, WHEN, WHEN THAT'S THE CASE.
UM, OUR, I DO KNOW OUR CITY SECRETARY IS VERY GOOD ABOUT MAKING SURE THAT THOSE DOCUMENTS ARE, OR AS SOON AS SHE'S A WIDOW, SHE GETS THEM DOWN TO THE COUNTY.
IT WAS CERTAINLY WITHIN, WITHIN THE LAST FIVE OR SIX YEARS.
ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE QUESTION.
UM, THE, THE WHOLE ANNEXATION IS BEING TRIGGERED BECAUSE OF THIS PROPERTY WAS SOLD.
THAT'S THIS ONE FOR THIS ONE ACRE, NOT BECAUSE IT WAS SOLD.
IT'S THE TRIGGER IS WHEN YOU MAKE AN APPLICATION FOR A DEVELOPMENT PERMIT.
SO, UM, I DON'T, I DON'T THINK THE TRANSFER OF WOULD NECESSARILY TRIGGER IT, BUT WHAT THEY DID WAS THEY CARVED OUT A PIECE OF LAND AND WANTED TO CREATE ANOTHER PLATT.
AND I THINK BY OUR EXPECTATION, IT WAS THE PLANTING OF THE PROPERTY THAT CONSTITUTED THE SUBMISSION OF A, UM, UH, UH, DEVELOPMENT, UH, DEVELOPMENT PERMIT.
AND THEN THERE'S OTHER LANGUAGE IN THERE THAT READS THAT IF YOU WERE TO CONSTRUCT ANYTHING ON THE PROPERTY THAT WOULD HAVE REQUIRED A BUILDING PERMIT, IF YOU WERE IN THE CITY LIMITS, THEN THE CONSTRUCTION OF THAT BUILDING IS IN ITSELF.
UH, AGAIN, A VOLUNTARY APPLICATION FOR ANNEXATION INTO THE CITY, IN WHICH CASE THEY WOULD HAVE TO BE APPROPRIATELY STONED AND RECEIVE THE APPROPRIATE PERMITS TO ACTUALLY FINISH OFF THE PROJECT.
SO IT'S, IT'S THE DEVELOPMENT OF THE PROPERTY, NOT NECESSARILY THE CHANGE IN OWNERSHIP, BUT THE WHOLE POINT OF THE AGREEMENT IS TO NOT DEVELOP THE PROPERTY.
ONE OF THE AGREEMENT IS TO NOT REQUIRE THE PROPERTY, TO BE ANNEXED INTO THE CORPORATE LIMITS OF THE CITY OF KYLE.
AND, UM, ON THE, ON THE ONE HAND, YOU DON'T RECEIVE SERVICES FROM THE CITY OF KYLE, BUT YOU ALSO DON'T PAY TAXES IN THE CITY OF KYLE, EITHER YOU REMAIN IN THE COUNTY JURISDICTION, UM, RATHER THAN BEING ANNEXED AT THE TIME THAT THE CITY WOULD COME THROUGH AND PERPETUATE UNILATERAL ANNEXATIONS BACK IN THE DAY, WHEN, WHEN JURISDICTIONS COULD ANNEX INTO THEIR EXTRA TERRITORIAL JURISDICTIONS UNILATERALLY, UM, THIS, THE STATE CAME UP WITH A COMPROMISE AGREEMENT THAT SAID IF PROPERTY WAS IN THE AG, UH, EXEMPTION AND BEING UTILIZED FOR AGRICULTURAL PURPOSES, AND THERE'S A SHORT LIST OF WHAT THAT MEANS.
IT'S A ROW CROPS, IT'S LIVESTOCK, IT'S SILVICULTURE.
UH, THERE'S A COUPLE OF OTHER THINGS THAT GO ALONG WITH AGRICULTURAL PURPOSES, BUT AS LONG AS YOU DIDN'T DEVELOP THE PROPERTY, THEN THERE WAS NO NEED FOR YOU TO BE NECESSARILY ANNEXED INTO THE CORPORATE LIMITS AND, UM, PAY THE TAXES AND BE ON THE TAX DIGEST INSIDE THE CORPORATE LIMITS.
BUT THE, THE TRADE-OFF FOR THAT IS YOU CAN STAY OUT THERE AS LONG AS NOTHING CHANGES ABOUT WHAT YOU'RE DOING.
AS SOON AS YOU START TO DEVELOP YOUR PROPERTY.
AT THAT POINT, YOU WILL COME INTO THE CITY AND FALL UNDER THE, THE ORDINANCES AND THE REQUIREMENTS OF THE, OF THE CITY.
WE HAVE A, WE HAVE A HOST OF PROPERTIES AROUND KYLE THAT HAVE CHAPTER 43, UH, EXEMPTIONS WHERE THEY'RE IN OR NEAR OUR CORPORATE LIMITS.
UH, THEY'RE IN OUR EXTRA TERRITORIAL JURISDICTION.
AND AT ONE POINT OR ANOTHER IN THE PAST, WE'VE EXTENDED THOSE CHAPTER 43 AGREEMENTS, WHICH THEY HAVE, UM, THEY HAVE 15 YEAR TERMS WITH TWO AVAILABLE RENEWALS BECAUSE I THINK THE STATE LAW READS THE CHAPTER 43 AGREEMENTS ALL SUNDOWN AFTER 45 YEARS FROM THE INITIAL TERM.
SO JUST FOR THE SAKE OF SIMPLICITY, THEY'RE, UM, SPLIT THREE WAYS.
SO EVERY 15 YEARS, THE OPTION IS THERE AMONGST BOTH THE, THE JURISDICTION, WHICH IN THIS CASE IS THE CITY AND THE PROPERTY OWNER THEMSELVES.
THEY HAVE THE RIGHT TO RE UP IT FOR ANOTHER TERM, BUT THEY CAN, THEY CAN DO TWO EXTENSIONS ON THE ORIGINAL FOR A TOTAL OF 45 YEARS.
ONE MORE QUICK QUESTION, IF I COULD.
UM, SO THE REST PROPERTY, WILL IT THEN AUTOMATICALLY BE ANNEXED OR DOES
[00:30:01]
IT REMAIN UNDER CHAPTER 43? BECAUSE BY SELLING IT, THEY HAVE DEVELOPED IT.SO WHAT HAPPENS TO THE REST OF THIS PROPERTY UNDER THAT? UH, THE REST OF THE PROPERTY IS NOW THAT WAS THE PORTION OF THE PROPERTY THAT WAS UNDER THAT AGREEMENT.
UM, IT IS INSIDE THE CITY LIMITS, BUT IT IS ZONED AG, WHICH IS THE, THE ZONING YOU RECEIVE UPON ANNEXATION UNTIL YOU'RE READY TO DEVELOP IT FURTHER.
UH, SO THEY CAN STILL CONTINUE TO USE IT FOR AGRICULTURAL PURPOSES THAT THEY COULD DO IN THE COUNTY.
UM, THE DIFFERENCE IS THEY PROBABLY WILL PAY A LITTLE BIT MORE TO US, BUT THEY'LL STILL HAVE IT'S AG.
IT'S WE DON'T, WE DON'T REALLY TALK ABOUT THE TAXES TOO MUCH BECAUSE WE DON'T ASSESS THE TAXES, BUT THERE'S NOT GOING TO BE A WHOLE LOT OF A DIFFERENCE ON THE GROUND IF YOU'RE LOOKING AT IT FOR THE REMAINING, BUT IT ACTUALLY MEANS THAT THE ENTIRE PARCEL LARGE PARCEL COMES INTO THE CITY OF STUFF, BUT, OKAY.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
UM, CAN I HAVE A MOTION FOR ITEM FIVE B, LET ME SEE IF I CAN DO THIS.
UM, MR. CHAIR, I RECOMMEND THAT WE APPROVE ITEM FIVE B AS WRITTEN.
WE HAVE, UM, UH, HAS BEEN MOVED AND SECONDED TO APPROVE ITEM FIVE B AS WRITTEN ANY DISCUSSION, ALL THOSE IN FAVOR, SAY AYE.
[C.
Consider a request for the purpose of amending (Sec. 53-893) relating to when a Conditional Use Permit is required for commercial development.
- Public Hearing
- Recommendation to City Council
NEXT ITEM FIVE C CONSIDER REQUEST FOR THE PURPOSE OF AMENDING SECTION 53 DASH EIGHT NINE THREE, RELATING TO WHEN A CONDITIONAL USE PERMIT IS REQUIRED FOR COMMERCIAL DEVELOPMENT, THERE IS A PUBLIC HEARING FOR THIS ITEM.
THERE ARE NO OBJECTIONS I'M GOING TO OPEN.
UM, FIRST WE HAVE, UH, MS. VIOLA NIGHT.
UM, MY NAME IS LAILA NAI, AND I LIVE HERE IN KYLE.
AND, UM, FIRST OFF I WANT TO APOLOGIZE FOR THE SLOPPY LOOK.
UM, IT'S CERTAINLY, I'M NOT TRYING TO BE DISRESPECTFUL TO YOU ALL.
UM, I'VE GOT JUST A FEW CONCERNS ABOUT THIS, AND SO I THOUGHT I'D COME DOWN HERE AND EXPRESS THEM SINCE I'M SORT OF BEHIND ON THINGS THIS WEEK.
UM, FIRST I'M A LITTLE BIT WORRIED ABOUT CHANGING.
AND TO, OR, UH, ON THE ONE HAND I KIND OF LIKED THE EXPANSIVENESS, UM, BECAUSE IT'S GOING TO ALLOW FOR A GREATER PROTECTION OF, UM, YOU KNOW, CONTROLLING EXTERIOR DESIGN THAT IN THE SECOND ONE, WE HAVE SOME, YOU KNOW, I WOULD CONSIDER MINOR THINGS LIKE LANDSCAPING, WHICH WILL NOW TRIGGER A CONDITIONAL USE PERMIT.
AND I'M NOT SURE SOMETHING AS SIMPLE AS LANDSCAPING SHOULD DO THAT.
AND I'M NOT EVEN SURE WHAT CONNOR TIGHTS, LANDSCAPING.
I MEAN, IF SOMEONE PUTS IN BUSHES THAT MIGHT TRIGGER IT, UM, BUT LET'S JUST SORT OF, YOU KNOW, IT'S ANDS AND ORS CAN BE VERY TRICKY.
UM, SECONDLY, I'M CONCERNED ABOUT, UM, INCLUDING THE, THE, THE WORD COLOR, UM, I'VE WORKED IN THE FIELD OF HISTORIC PRESERVATION FOR DECADES AND DECADES.
AND IF YOU WANT TO GET AN, A COMMUNITY ANGRY, TELL THEM WHAT COLOR THEY CAN OR CANNOT PAINT THEIR BUILDING.
UM, MOST OF THE TIME IT'S JUST NOT WORTH IT BECAUSE COLOR FADES AND IT CAN ALSO BE REPAYING IT EASILY.
UH, I, UM, BELIEVE THAT THIS IS PROBABLY BEING BROUGHT ABOUT BY THAT UGLY RED BUILDING ON CENTER STREET.
AND FOR THAT, UM, WHEN YOU PAINT YEAH, NICE AND RACE STONE OR BRICK, IT REALLY DESTROYS THE MATERIALS THAT CAN'T BE PAINTED OVER AND YOU CAN'T TAKE IT OFF EASILY WITHOUT DAMAGING THE BUILDING.
AND WHAT A LOT OF CITIES HAVE DONE.
I THINK SAN MARCUS JUST DID IT.
THEY'VE STARTED REGULATING COLOR
[00:35:01]
ONLY ON MASONRY BUILDINGS, BUT IF YOU WANT TO PAINT YOUR WOODEN HOUSE BRIGHT, PURPLE, EVERYBODY'S JUST GOING TO LIVE WITH IT BECAUSE, YOU KNOW, EVENTUALLY YOU'LL GET SICK OF IT TOO.UM, I ALSO AM CONCERNED THAT THERE ARE NO DEFINITIONS FOR THE TERMS, RECONSTRUCTION, ENLARGEMENT, REMODELING, AND ALTERATION.
UM, I LOOKED THROUGH THE CODE INCLUDING BACK AT THE BEGINNING UNDERNEATH GENERAL DEFINITIONS, AND NONE OF THOSE ARE THERE.
AND I KNOW IN MY FIELD, WE HAVE VERY DEFINITIONS FOR RECONSTRUCTION, PRESERVATION, RESTORATION, AND REHABILITATION THAT ARE DICTATED BY THE SECRETARY OF INTERIOR STANDARDS FOR THE TREATMENT OF HISTORIC STRUCTURES.
AND SO I THINK IT WOULD BE, IT WOULD GIVE PEOPLE A BETTER IDEA OF EXACTLY WHAT YOU WERE TALKING ABOUT.
IF THOSE WERE DEFINED SOMEWHERE WITHIN THE CODE.
UM, ALSO I COULDN'T FIND A MAP OF THE OVERLAYS ONLINE.
ANOTHER HAS BEEN THERE BEFORE, BECAUSE I HAVE IT ON MY COMPUTER.
I'M SITTING THERE WHERE THEY ARE.
AND IN THE PAST, THERE ARE A LOT OF OVERLAPPING OVERLAYS, WHICH GETS REALLY CONFUSING JUST ACROSS THE STREET HERE, THAT CORNER.
THIS INTERSECTION IS IN CENTER STRAIGHT, UM, HIGHWAY 81 AND I 35.
UM, AND THERE ARE SEVERAL PLACES AROUND THE CITY THAT, THAT HAS HAPPENED.
AND I KNOW, YEARS AGO, IN FACT, IT WAS SO LONG AGO, SHANE HERBIE WAS CHAIR OF BNZ.
BNZ ACTUALLY PASSED A REVISED MAP THAT TOOK AWAY THOSE INTERSECTIONS AND A BETTER DEFINED EACH OVERLAY DISTRICT.
AND THEN IT WAS ON ITS WAY TO CITY COUNCIL, BUT GOT LOST ON THE CITY ATTORNEY'S DESK WITH NOT ONE WE HAVE NOW DIFFERENT ONE.
UM, AND ALSO THIS MIGHT BE A GOOD TIME TO, UH, RENAME THE GOFORTH OVERLAY TO PHILOMENA BECAUSE SINCE WE FIRST HAD THIS, UM, THIS OVERLIGHT, THE NAME OF THE ROAD HAS CHANGED.
I MEAN, I I'VE JUST, YOU KNOW, IF YOU'RE GONNA REOPEN A CODE, YOU MIGHT AS WELL FIX EVERYTHING ALL AT ONCE.
UM, AND I WOULD ALSO HAVE LIKE SOME GUIDANCE AND CLARIFICATION.
IT DOES SAY THIS ONLY IS FOR COMMERCIAL BUILDINGS AND BUSINESSES AND NOT RESIDENCES.
AND WE DO HAVE RESIDENCES IN EVERY ONE OF THOSE OVERLAY DISTRICTS.
UM, SO THAT'S REALLY ALL I HAVE.
UM, IS THERE ANYONE ELSE TO SPEAK AT THE, UH, FOR THE PUBLIC HEARING, SEEING AND HEARING NONE? I WILL CLOSE THE PUBLIC HEARING NEXT.
I WILL, I CAN SEND FOR THE RECORD.
UM, LET ME ONCE AGAIN, SHARE MY SCREEN WITH YOU.
UM, SO RELATIVELY RECENTLY, UH, IN TERMS OF DEVELOPMENT, UM, IT WAS REQUESTED OF US, UM, BY, UH, ADMINISTRATION AND PERHAPS CITY COUNCIL ABOVE US, UM, TO START CONSIDERING A REVISION TO SECTION, UM, 53 EIGHT NINE THREE, WHICH IS AN, UH, OVERLAY DISTRICTS SECTION OF THE CODE, UM, WHERE IT TALKS ABOUT WHAT, OR WHEN A CONDITIONAL USE PERMIT IS TRIGGERED.
AND IN THIS SPECIFIC CASE, UM, THE, UM, THE CONDITIONAL USE PERMIT IS AN AESTHETIC REVIEW.
THE AESTHETIC REVIEW OF IT, UM, MOST OFTEN COMES INTO PLAY ALONG THE
UM, AND THE 35 OVERLAY IS, ARE ALL THE OVERLAYS ON AN ATTEMPT TO MAKE SURE THAT A NEW COMMERCIAL STRUCTURES, UM, NOT NECESSARILY RESIDENT FEEL BUT COMMERCIAL, UM, HAVE AN EXTERIOR FACADE.
THAT IS ONE THAT THE CITY OF KYLE CAN BE PROUD OF.
UM, AND THEY DO NEED TO COMPLY WITH THOSE OVERLAY DISTRICTS BASED ON THAT, UM, WE'VE KNOWN FOR A LITTLE WHILE THAT THERE WAS CONCEIVABLY A GAP IN OUR OR HOLE IN OUR CODE FOR WHEN ONE HAS TO, UM, SUBMIT A CONDITIONAL USE PERMIT.
UM, BOTH WITH A BACKLOG OF WORK, WE WERE DOING OTHER THINGS TAKING PRECEDENTS.
WE HAD ON OUR LIST UPDATE, BUT IT WAS PUSHED TO THE FOREFRONT.
UM, AND RIGHT NOW WHAT IT CURRENTLY SAYS
[00:40:01]
IS IF YOU'RE BUILDING A NEW BUILDING, A NEW COMMERCIAL BUILDING, YOU HAVE TO HAVE ONE, IF YOU'RE IN AN OVERLAY OR IF YOU ARE, UM, ESSENTIALLY MAKING A COMMERCIAL STRUCTURE LARGER OR SMALLER BY 50% OR MORE SO INCREASING OR DECREASING THEM BY 50% OR MORE.AND THEN IT SAID, AND IF YOU ARE WORKING ON ANY ADDITIONAL CURB CUTS, UM, REMODELING ALTERATION OF THE EXTERIOR DESIGN, INCLUDING COLOR WELL MATERIAL FINISHED GRADE LINE LANDSCAPING, ORIENTATION OF THE STRUCTURE, WHICH MEANS BY THAT DEFINITION, IF NOBODY WAS WORKING ON ANYTHING ON THE EXTERIOR OF THE SITE, YOU KNOW, LIKE PARKING OR ANYTHING LIKE IT'S DEFINED HERE, UM, AS A, OR AS A STANDARD HERE, IF THEY, THEY COULD EXPAND THE BUILDING IN A WAY THAT WE NORMALLY WOULDN'T ALLOW.
AND IF THEY WEREN'T DOING ANYTHING OUTSIDE TO IMPROVE, UH, THE REQUIREMENTS FROM, UH, YOU KNOW, YOUR STANDARD PARKING LANDSCAPING AND ALL THAT KIND OF THOSE GO TO REQUIREMENTS, THEN THEY WOULD HAVE TO DO A CONDITIONAL USE PERMIT.
AND WE WANTED TO BE ABLE TO SAY, YEAH, YOU STILL HAVE TO DO THAT BECAUSE YOU'RE, YOU'RE EXPANDING THE BUILDING, EVEN IF IT WAS 50% OR MORE OR LESS.
SO WE, UH, ROUGH WITH THE TEXT AMENDMENT TO CHANGE THE LETTER OR THE WORD AND TO, OR SO THAT CAN BE DECOUPLED AND, UM, MADE A SMALL EDIT TO INCLUDE, UM, AND REMOVE THE TWO TIMES THAT THE WORD MATERIAL ARE SHOWN IN SECTION SUBSECTION TWO.
UM, BY DOING THIS, WE CAN EXPAND THE, THE REASONS WHY, UM, YOU NEED A CONDITIONAL USE PERMIT, UM, OSTENSIBLY TO MOSTLY MAKE SURE WE'RE LOOKING AT IT FROM A BUILDING PERSPECTIVE.
BUT, UM, THERE IS, TO SOME EXTENT THERE MIGHT BE CASES WHERE THEY COME FORWARD WITH, UH, FROM A, FROM A SITE PLAN PERSPECTIVE, UM, AS WELL WITH THIS, WITH THIS EDIT.
SO, UM, RELATING TO, UH, LAILA NIGHTS, UM, REQUEST ON THE, THE DEFINITIONS OF THOSE WORDS.
UM, WE ARE LOOKING INTO THAT, BUT GENERALLY, UH, WHENEVER WE DO NOT HAVE A SPECIFICALLY DEFINED WORD IN OUR ZONING CODE, IT FOLLOWS THE STANDARD DEFINITION.
MERRIAM-WEBSTER WHAT HAVE YOU.
AND SO GENERALLY PEOPLE UNDERSTAND WHAT ALTERED, UM, EXCUSE ME, RECONSTRUCTION, ENLARGEMENT, REMODELING, OR ALTERATION TYPICALLY ARE.
SO IT'S NOT IN OUR CODE, UM, AS RIGHT NOW, AND WE'RE NOT TOO TERRIBLY CONCERNED WITH IT.
UM, BUT IF WE NEED TO, WE COULD ADD IT, BUT WE'RE NOT, AGAIN, NOT TOO TERRIBLY CONCERNED WITH HAVING THOSE DEFINITIONS INCLUDED.
UM, AND THAT'S PRETTY MUCH IT.
UM, WE BELIEVE THIS IS A, THIS IS A GOOD EDIT, UH, HOPEFULLY REMARKABLY SIMPLE.
AND IF YOU'LL HAVE ANY QUESTIONS, UM, FEEL FREE TO ASK.
ARE THERE ANY QUESTIONS FOR STAFF? I I'LL START.
UH, SO FOR THE STAFF, UM, WHAT CONDITIONS MEET ONE OR THE OTHER? CAN YOU GIVE AN EXAMPLE ACTUALLY OF A CON OF A CHANGE THAT MIGHT MEET EITHER ONE OR TWO, BUT NOT BOTH.
AND ONE FOR ONE AND ONE FOR TWO, UH, TEST.
SO, UM, IT'LL BE EASIEST TO USE REAL-WORLD EXAMPLES, UH, NOT TRYING TO SINGLE PEOPLE OUT OR ANYTHING LIKE THAT, BUT FOR EXAMPLE, UM, THE RAIL HOUSE, UM, WHICH IS CATTY-CORNER FROM CITY HALL, UM, BECAUSE THEY WERE NOT INCREASING THE GROSS FLOOR AREA OF THE, UM, OF THEIR BUILDING BY 50% OR MORE OR LESS, BUT THEY WERE MAKING ALL SORTS OF IMPROVEMENTS.
LIKE THE LANDSCAPING, THE PARKING, THEY MADE IT REALLY NICE.
UM, THEY WERE NOT REQUIRED TO HAVE A CONDITIONAL USE PERMIT.
UM, IT WAS AS SIMPLE AS THAT, UH, OTHERWISE THAT, UM, THE BUILDING WOULD HAVE HAD TO FALL INTO THE 35 OVERLAY REQUIREMENTS FROM AN EXTERIOR FINISH.
FOR EXAMPLE, IF SOMEBODY LET'S SAY THEY HAD AN EXISTING BUILDING, UM, BUT THEIR SITE WAS NOT UP TO CODE IT, DIDN'T HAVE THE PROPER, UM, PARKING, THE LANDSCAPING IMPERVIOUS COVER FOR DETENTION AND WHAT HAVE YOU, BUT THEY WANTED TO UTILIZE THE BUILDING.
UM, BUT THEY HAD TO BRING EVERYTHING UP TO CODE.
YOU KNOW, THEY HAVE TO HAVE CERTAIN PARKING RATIOS.
AND WHAT HAVE YOU IN CERTAIN TREES, UM, THEN THERE IS A CHANCE THAT THEY WOULD HAVE TO,
[00:45:01]
UM, GO THROUGH A CONDITIONAL USE PERMIT ON THE, ON THE SITE ITSELF FROM THE EXTERIOR WITHOUT HAVING TO DO, UM, WITHOUT HAVING TO DO BUILDING CONSTRUCTION OR MAKING THE FACADE, BRING IT UP GOOD.AND THEN A BRAND NEW BUILD FROM SCRATCH A GREEN AREA THAT WOULD ALSO HAVE A GREEN FUND.
YOU BRING IT UP TO CODE AND THAT THAT'S GOING TO IN BOTH WAYS, NO MATTER WHAT IT'S GOING TO BE PRODUCT TO CODE.
UM, I HAVE A QUESTION COMMENT ABOUT, UM, COLOR AND MATERIAL, BECAUSE IN THEORY, YOU COULD HAVE A MATERIAL THAT'S APPROVED, BUT IT COULD HAVE A COLOR THAT'S NOT APPROVED OR A FINISH.
LIKE IF IT'S SOME SORT OF METAL THAT'S APPROVED, BUT THEN IT HAS SOME CODING OR FINISH.
THAT'S WHY COLORS IN THERE WRITES MORE THAN JUST PAINTING A BUILDING.
IT'S AN ATTEMPT TO CONTROL, UM, COLORS THAT MAY PROVE TO BE WAY OUTSIDE OF WHAT MOST PEOPLE CONSIDER THE STANDARD OR NORM OR SOMETHING PLEASANT TO LOOK AT IF YOU WILL.
BUT, UM, BUT Y'ALL, AS THE PLANNING AND ZONING COMMISSION, WHEN A CONDITIONAL USE PERMIT COMES FORWARD, Y'ALL DO HAVE THE AUTHORITY TO SAY, WHEN THE COLOR WE'RE WORKING ON THE BUILDING, YOU CAN SAY, HEY, NO, WE LIKE THIS OR A LITTLE BIT BETTER OR NOT.
SO, UM, BUT TYPICALLY WITH ANY STANDARDS IT'S THANK YOU.
I'M WONDERING ABOUT THE WORDING OF THIS IN ALL HONESTY HERE.
UM, IF WE GO TO PART TWO ON THERE, IF SUCH WORK, IF SUCH WORK, I THINK ACTUALLY GOES BACK UP INTO THE SENTENCE ABOVE, AND IT'S TALKING ABOUT ALL THE EXISTING STRUCTURE, BLAH, BLAH, BLAH, WHICH ALTERING A REMODELING WOULD INCREASE OR DECREASE BY TOTAL GROSS AREA OF 50%.
IT, TO ME, WHEN I READ THIS, IT STILL IMPLIES THAT THE ALTERATIONS WOULD HAVE TO BE, UH, EXCEEDING 50% FOR THIS PARTICULAR THING TO BE, UH, A CONDITIONAL USE PERMIT TO BE REQUIRED.
I CAN PARSE IT THAT WAY AS I'M READING IT.
AND ESSENTIALLY THE, AND OR THAT DOES NO FUNCTION HERE.
I THINK, I MEAN, FROM, FROM MY STANDPOINT THAT IF SUCH WORK, UM, CAN ALSO RELATE TO THAT, WHICH IS UNDER SECTION A, WHICH IS A CONDITIONAL USE PERMIT SHALL BE REQUIRED FOR THE CONSTRUCTION OR ERECTION OF ANY NEW STRUCTURE.
AND THEN YOU GO TO NUMBER, IF NUMBER ONE IS NOT APPLICABLE, BUT YOU CAN STILL HAVE NUMBER TWO, BE APPLICABLE BECAUSE IT'S, OR, AND SO IT SAYS IF SUCH WORK, SO IF SUCH WORK WOULD BE THE CONSTRUCTION OR ERECTION OF ANY NEW STRUCTURE FOR A COMMERCIAL RETAILER BUSINESS USE, I SEE WHERE YOU'RE GOING WITH IT.
YOU'RE YOU'RE BECAUSE THEY WERE WRITTEN TOGETHER.
BUT NOW THAT THEY'VE BEEN SEPARATED, IT'S STILL AFFABLE.
THEY MADE SENSE WHEN IT WAS AN END, BUT WHEN IT'S AN OER, I THINK YOU HAVE TO BE OVER SPECIFIC MAYBE.
I MEAN, IF YOU WANT TO GET REALLY SPECIFIC, YOU CAN, YOU CAN REWRITE THE INTRODUCTORY CLAUSE OF NUMBER TWO, TOO, TO READ SPECIFICALLY IF SUCH CONSTRUCTION OR ERECTION OF ANY NEW STRUCTURE FOR A COMMERCIAL RETAILER BUSINESS USE REQUIRES ANY ADDITIONAL CURB CUT OR THE RECONSTRUCTION ENLARGEMENT, YOU KNOW, YOU CAN RESTATE THE CLAUSE FROM A, AS YOUR INTRODUCTORY CLAUSE FOR NUMBER TWO.
UM, OR YOU COULD JUST RECOGNIZE THAT, YOU KNOW, FROM, FROM A, FROM A CODE STANDPOINT, WHEN YOU'VE GOT TWO CLAUSES AND THERE'S AN, OR IF ONE OF THEM DOESN'T APPLY TO YOU, THEN EFFECTIVELY, YOU CAN JUST DELETE IT FROM THE CONTEXT OF, OF THE, OF THE ENTIRE SECTION.
BUT IF IT'S YOUR, IF IT'S YOUR PREFERENCE TO JUST SPECIFICALLY STATE THAT YOU WOULD, YOU WOULD RATHER RESTATE THAT INTRODUCTORY CLAUSE FROM A, WE CAN DO SO IT DOESN'T CHANGE THE SPIRIT OF WHAT WE'RE DOING, THE SAME THING.
IT JUST, JUST RESTATES IT AND MAKES IT A LITTLE BIT STRONGER.
AND THEN, UH, THE OTHER THING THAT I, WHEN I LOOK AT THIS, IT'S OBVIOUSLY IT'S OBVIOUS WHAT WE'RE TRYING TO DO HERE.
I THINK IT'S KEEPING OTHER RED BUILDING FROM BEING PAINTED IN THE MIDDLE OF DOWNTOWN.
AND THERE'S A LITTLE BIT OF A BIG BROTHER-ISH KIND OF QUALITY TO THAT.
IF WE'RE SEVERING THE 50% FROM THAT,
[00:50:01]
IT'S KIND OF, I FEEL LIKE SHOULDN'T, WE JUST WRITE A DANG ORDINANCE THAT'S SPECIFIC TO THAT INSTEAD OF MODIFYING THIS PARTICULAR ONE.AND I'M ALSO JUST THE THOUGHT IN MY HEAD IS IT PROBABLY NEEDS TO BE SOMETHING ACTUALLY A LITTLE BIT MORE VAGUE THAT SAYS WHERE THE COLOR IS, UH, SOMEHOW OUT OF CHARACTER WITH, WITH THE AREA, UH, THERE, OR THERE HAS BE, OR I FEEL LIKE THERE SHOULD BE SOME KIND OF, UM, LITTLE BIT MORE, UH, THE STATEMENT ABOUT THE INTENT OF WHAT WE'RE TRYING TO DO SO THAT PEOPLE READING THIS DOWN THE ROAD.
I'M COLLECTING HERE WHAT I'M TRYING TO SAY, BUT IT JUST SEEMS LIKE IT COULD BE ABUSED OR IT COULD BE, IT COULD BE VERY ARBITRARY.
AND, UH, I, I HAVE NO DOUBT THERE'S A NEED TO DO SOMETHING THAT IS A VERY RED BUILDING DOWN THERE.
I THINK, I THINK YOUR OPPORTUNITY FOR THAT SURETY, THAT CLARITY WOULD BE DURING THE PROCESS ITSELF, BECAUSE MAYBE WE CAN, WE CAN BACK ALL THE WAY UP.
THE TITLE OF THIS SECTION IS CONDITIONAL USE PERMIT REQUIRED.
THERE'S NOTHING ABOUT THE REVIEW OF AESTHETICS THAT HAS ANYTHING TO DO WITH USE AND WHETHER OR NOT THERE'S A SERIES OF CONDITIONS THAT NEED TO BE MET BEFORE YOU CAN INSTITUTE THE USE.
AND YET THESE THINGS ARE AGAIN AND AGAIN, REFERRED TO AS CONDITIONAL USE PERMITS.
THE VERY FIRST THING WE HAVE TO TELL CLIENTS WHEN WE HAVE MEETINGS WITH THEM IS I KNOW IT'S CALLED A CONDITIONAL USE PERMIT, BUT DON'T FREAK OUT.
YOUR USE IS PERMISSIBLE BY RIGHTS.
SO YOU DON'T NEED AN ENTITLEMENT FROM, FROM A BOARD.
IT'S JUST AN AESTHETIC REVIEW.
IT'S JUST, BUT I THINK, I MEAN, MY, MY EXPECTATION TWOFOLD VERY GENERALLY SINCE I'VE BEEN HERE, I'M ON BOARD WITH YOU.
I, I WOULD LIKE TO SEE THIS CODE REDONE FOR KYLE.
I THINK WE HAVE A ZONING CODE.
I THINK IT'S VERY USUAL AND CUSTOMARY ZONING CODE.
I THINK THERE'S A LOT OF PREMISES.
I THINK THERE'S A LOT OF LANGUAGE SPECIFIC LANGUAGE THAT IS EFFECTIVELY BOILERPLATE AS STANDARD OPERATING PROCEDURE IN THE ADMINISTRATION OF A EUCLIDEAN ZONE, WHETHER IT BE A SMALL TOWN IN CENTRAL TEXAS, A MEDIUM SIZED COMMUNITY AS A SUBURB OF ATLANTA.
I MEAN, I I'VE SEEN A LOT OF THIS EVERYWHERE, BUT THE THING ABOUT IT IS, IS IT IS NOT A CODE FOR KYLE.
IT IS THE CODE IN KYLE, AND THERE'S A DIFFERENCE TO BE MORE SPECIFIC.
I THINK IN YOUR ADMINISTRATION OF THIS TEXT, FROM THAT DYESS AS APPLICANTS COME FORWARD, YOU CAN BE SPECIFIC AT THE TIME OF APPLICATION AS TO WHY YOU MAKE A DECISION OR, OR REFUSE TO MAKE A DECISION, WHICH IS ALSO AN OPTION TO YOU.
I WORKED IN A JURISDICTION ONCE THAT HAD AN EYE OP I HOPS CORPORATE COLORS ARE EFFECTIVELY BLUE AND THEY'VE GOT SOME OTHER TERTIARY COLORS, BUT MAINLY IT'S, IT'S BLUE IN THIS BUILDING, UM, THAT THEY WERE TRYING TO REFER, YOU KNOW, REHABILITATE THE BUILDING AND MAKE IT A LITTLE BIT NICER.
IT HAD A STANDING SEAM METAL ROOF THAT BEEN SITTING IN THE SUN FOR A SOLID 20 YEARS.
AND THEY'RE LOOK AT ME, YOU KNOW, STRONG REGAL BLUE HAD GONE TO THIS ROBIN'S EGG SHELL PASTEL, BARELY BLUE AT ALL, MOSTLY MOSTLY WHITE.
AND, UM, THEY HAD STARTED TO REROOF IT WITH THEIR CORPORATE COLORS AND GOT CALLED OUT BY THE CODE COMPLIANCE DEPARTMENT BECAUSE THEY DIDN'T GET PERMISSION TO CHANGE THE COLOR OF THEIR BUILDING ON THIS CORRIDOR.
AND THEY HAD STATED THAT, WELL, WE'RE NOT CHANGING THE COLOR.
WE'RE JUST, WE'RE JUST REESTABLISHING THE ORIGINAL COLOR THAT WAS APPROVED TWO DECADES AGO.
THAT'S WHERE, YOU KNOW, SOME OF THIS WORK, YOU KNOW, ALTERATION OF EXTERIOR DESIGN, INCLUDING COLOR, SOMETIMES MATERIALS THAT ARE REPLACED, LIKE FOR LIKE WILL NOT GIVE OFF THE SAME AESTHETIC ONCE THEY'RE REPLACED.
AND IN THAT CASE, THAT'S THE KIND OF THING THAT YOU WOULD WANT TO BE ABLE TO HAVE SAY OVER BECAUSE SOMETIMES IT'S DONE ON PURPOSE AND SOMETIMES IT'S NATURALLY OCCURRING IN THE CASE OF IHOPS.
THEY REALLY SHOULDN'T HAVE BEEN CAUGHT UP IN THAT, BUT THEY WERE CAUSE IT WAS A PRETTY STRONG COMMUNITY WHEN IT CAME TO AESTHETICS AND CODE COMPLIANCE.
UH, KYLE, NOT SO MUCH, BUT, UM, YOU STILL WANT THAT OPTION.
YOU STILL WANT THAT TO BE AVAILABLE TO YOU.
WHAT I'D LIKE TO SEE A CHANGE QUITE A BIT.
I'D LIKE TO SEE IT EXPANDED QUITE HONESTLY, BUT WHAT WE'RE DOING, IF, IF WE, IF WE EXPAND, IT IS SORT OF WAITING, WE'RE WAITING INTO THAT, UH, THAT, THAT RIVER OF THE DOWNTOWN PLAN, UM, AND THE TEXT AMENDMENT AND
[00:55:01]
THE, UM, REALLY THE AREA PLAN FOR THE GROWTH AND DEVELOPMENT OF KYLE'S DOWNTOWN.UM, WE'RE SORT OF BACKDOORING INTO THAT WITH A VERY SPECIFIC CODE AND I'D LIKE TO GET SOME MORE DIRECTION FROM, UH, SOME OF THE FOLKS WHO ACTUALLY MAKE THE DECISION BEFORE WE, BEFORE WE GET INTO THAT AND FORCE THAT ISSUE.
AND I THINK RIGHT NOW THIS GIVES THE GREATEST AMOUNT OF OVERSIGHT WITH THE LEAST AMOUNT OF INTRUSION INTO OUR EXISTING CODE, BECAUSE WE, WE HAVE A RUNNING LIST UPSTAIRS.
I MEAN, WE, WE COULD DO AN OMNIBUS SERIES OF TEXT AMENDMENTS TO THE, TO THE CURRENT CODE, BUT AT THE END OF THE DAY, I REALLY WANT TO KEEP RE I WANT TO QUIT REPAINTING THIS CODE.
AND I WOULD LIKE TO GET INTO THE IDEA OF, OF WRITING KYLE'S CODE, WHICH, WHICH REALLY SHOULD BE PREDICATED ON, YOU KNOW, WHATEVER THE NEW COMPREHENSIVE PLAN MIGHT READ.
THIS ONLY PERTAINS TO THE OVERLAY DISTRICTS TOO, RIGHT? THAT IS CORRECT.
UM, IN, IN ANY OF THE DISTRICTS.
UM, AND I THINK WE HAVE A MAP, UH, IF WE DON'T, I HAVE ONE AND I CAN, I CAN SHARE IT WITH YOU THAT SHOWS THE EXISTING BOUNDARIES OF, UM, SOME OF OUR, SOME OF OUR OVERLAYS
I MEAN, ON WHAT SECTION OF THE ROAD YOU'RE OUT THERE, THERE'S A BUNCH OF THEM AND YES, THIS IS APPLICABLE IN THOSE SECTIONS.
I WOULD SAY LANDSCAPING IS WORRISOME TOO, BECAUSE WHAT I MEAN, THAT'S WHERE YOU, I THINK YOU REALLY NEED SOME KIND OF DEFINITION BECAUSE TRIMMING THE TREES COULD BE LANDSCAPING.
IT, I DON'T WANT TO BE GLIB OR FLIP ABOUT THAT, BUT WHAT, WHAT IS LANDSCAPING? AND DO WE WANT EVERY TIME SOMEONE WANTS TO CUT THE GRASS A DIFFERENT WAY? YEAH.
MAYBE THAT'S A LITTLE BIT SILLY, BUT THEY NEED TO COME HERE FOR A CONDITIONAL USE PERMIT.
UM, SO ONE OF, ONE OF THE THINGS WE, WE DON'T CONDITION ZONINGS, BUT ONE OF THE, ONE OF THE REQUIREMENTS THAT WE DO HAVE IN KYLE IS THAT, UM, LANDSCAPING IS A PERPETUAL REQUIREMENT OF, UM, SITE PLAN APPROVALS.
SO WE CAN GO AND FIND OLD PLANS THAT HAD LANDSCAPE PLANS ATTACHED TO THEM.
AND IF ANY OF THAT LANDSCAPING IS MISSING, THEN THEY'RE, THEY'RE BOUND, YOU KNOW, UNDER THE GUISE OF CHAPTER 53, THAT THEY NEED TO REPLACE IT TO YOUR POINT.
MOST LANDSCAPING PROBABLY IS INNOCUOUS.
UM, MOST OF IT PROBABLY IS REHABILATORY, YOU KNOW, THEY, THEY, THEY WANT TO MAKE THINGS NICER, BUT THAT DOESN'T MEAN THAT THEY SHOULD BE ABLE TO PUT IN A LESSER STANDARD.
SO THEY MIGHT BE REHABBING A PROPERTY THAT ONLY HAS MAYBE 60% OF ITS REQUIRED LANDSCAPING.
SO THEY TAKE THAT 60 OUT AND REPLACE IT WITH A NEW NICE, PRETTY 60 GOOD EFFORT.
BUT AT THE END OF THE DAY, IT'S REALLY SOMETHING THAT THE CITY SHOULD HAVE OVERSIGHT ON TO MAKE SURE THAT THEY'RE NOT JUST EXACERBATING A, UH, A NON-COMPLIANT PROPERTY.
WE SHOULD BE ABLE TO, TO BE ABLE TO LOOK AT IT REALLY, IT SHOULD BE SOMETHING THAT STAFF SHOULD BE ABLE TO APPROVE, THAT WE SHOULD BE ABLE TO LOOK AT THAT AND, AND, AND SEE THAT IT EITHER MEETS OR DOESN'T MEET THE REQUIREMENT.
UM, AND THEN EITHER IF THERE'S A, THERE'S A PERCENTAGE OF WORK THAT THEY WANT TO DO, THAT MIGHT BE WORTH GOING TO THE FULL PLANNING AND ZONING COMMISSION, OR IF THEY'RE AGGRIEVED BY STAFF'S DECISION, IF STAFF SAYS NO, THAT, THAT THAT'S NOT SOMETHING WE CAN APPROVE ADMINISTRATIVELY, THAT SHOULD GO FOR A CONDITIONAL USE APPROVAL, AND THEY DON'T AGREE WITH THAT.
WELL, THEN YOU CAN APPEAL IT TO THE PLANNING AND ZONING COMMISSION, UM, THAT THAT SHOULD PROBABLY BE EXPANDED UPON.
BUT RIGHT NOW THIS IS THE SAME CODE THAT WE'VE HAD AT LEAST IN THE SIX YEARS THAT I'VE BEEN HERE.
UM, AND REALLY THIS WASN'T AN EFFORT TO, TO, TO LOOK AT THIS PARTICULAR ISSUE, AS IT RELATES TO ALL OF OUR OVERLAY DISTRICTS AND FIX ALL THOSE ISSUES, IT WAS MEANT TO FIX A LOOPHOLE THAT HAS BEEN, UM, YOU KNOW, CAPTURED OR ACTED UPON, UM, TO THE DETRIMENT OF THE CITY.
I MEAN, I THINK I'M NOT HEARD ONE COMPLIMENTARY COMMENT ABOUT OUR NEW DOWNTOWN BUILDING THAT WE ALL ARE FORCED TO LOOK AT.
UM, UH, I HAVE AN OPINION, I'LL KEEP IT TO MYSELF, BUT AT THE END OF THE DAY, IT SHOULD HAVE BEEN THE TYPE OF THING FOR OUR DOWNTOWN.
I THINK WE ALL RECOGNIZE THAT IT'S PROBABLY ONE OF THE, THE GREATEST VISUAL ASSETS THAT, THAT KYLE HAS.
AT LEAST WE, WE WANT TO HAVE A HIGH AMOUNT OF STEWARDSHIP OVER IT.
THIS CHANGE WILL GIVE YOU MORE ADMINISTRATIVE STEWARDSHIP OVER THE APPEARANCE OF OUR DOWNTOWN.
AND THAT'S, THAT'S WHY WE'RE RECOMMENDING
[01:00:01]
IT.ARE WE VOTING ON THIS TONIGHT OR ARE WE JUST OUR FIRST READ? IT'S A RECOMMENDATION THAT GOES TO COUNCIL.
THEY ARE THE ONES THAT WILL ULTIMATELY DECIDE WHETHER OR NOT TO DO THE TEXT AMENDMENT.
SO YOU, YOU RECOMMEND IN FAVOR OF IT, YOU RECOMMEND AGAINST IT, OR YOU CAN RECOMMEND, YOU KNOW, MAYBE IN FAVOR WITH CERTAIN CHANGES, BUT IT'S GOING TO GO TO THEM NEXT WEEK.
ANY OTHER QUESTIONS FOR STAFF? SURE.
UM, CAN YOU PLEASE DEFINE BUSINESS USE IN THIS? AND WHAT I MEAN BY THAT IS, WOULD AN APARTMENT, APARTMENT UNIT IS OBVIOUSLY A RESIDENTIAL, BUT AN APARTMENT BUILDING, IS THAT A BUSINESS USE OR RESIDENTIAL USE IT, IT'S A RESIDENTIAL USE AT A, ON A LARGE SCALE AND APARTMENT COMPLEXES.
WE HAVE, THERE'S BEEN ALMOST NO CASES WHERE THE MULTI-FAMILY APARTMENT BLOCKS HAVE HAD TO COME FORWARD THROUGH, UM, TO A, THROUGH A CONDITIONAL USE PERMIT TO GET US POLITICALLY APPROVED WITH ONE EXCEPTION.
AND IT WAS BASED ON, UM, A VOLUNTARY DEVELOPMENT AGREEMENT THAT, UM, THE CITY OF KYLE AND THE DEVELOPER ENTERED INTO.
AND THAT WAS JUST ONE OF THE REQUIREMENTS THAT THEY HAD TO DO, BUT WE'VE NEVER DONE IT FOR ANY OTHER APARTMENT COMPLEX IN THE CITY THAT I'M AWARE OF.
ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE MORE, SORRY.
UM, UNDER THIS, UH, WHEN WE SAY COLOR, UM, INCLUDING EXTERIOR DESIGN, DOES COLOR JUST INCLUDE A, LIKE MATT, LIKE BREAD, WE'LL OBVIOUSLY USE THE COLOR RED, OR DOES THAT INCLUDE MULTIPLE COLORS? LET'S SAY YOU WOULD LIKE TO DO A MURAL OR SOMETHING LIKE THAT.
WOULD THAT ALSO BE A CONDITIONAL USE IN THIS CASE? WELL, WHAT COLOR IS YES, FOR SURE.
UM, I'M NOT SURE IF A MURAL FALLS UNDER A SIGN CODE PERMIT OR NOT THOUGH.
UM, MAYBE HOWARD COULD, IF IT FALLS AS A THANK YOU.
ANY OTHER QUESTIONS FOR STAFF SIGN GOES THROUGH BUILDING ONLY IS THAT CORRECT? YES.
SIGNS ARE REVIEWED BY THE BUILDING DEPARTMENT AND SIGNED PERMITS ARE LED BY THE BUILDING DEPARTMENT.
THEY DON'T NECESSARILY REQUIRE, UM, AN, AN AESTHETIC REVIEW, UM, SIGN STRUCTURES THAT ARE A FUNCTION OF CONDITIONAL USE PERMITS COME TO THE P AND Z.
SO YOU CAN LOOK AT WHETHER THE CLADDING ON A MONUMENT SIGN, UM, OR YOU CAN LOOK AT THE COLOR OF A MONUMENT SIGN THAT'S BEING ESTABLISHED FOR THE FIRST TIME, BUT OTHERWISE THE ESTABLISHMENT OF SIGNS OR PANEL EXCHANGES, FOR MESSAGE PORTIONS OF THE SIGN, ALL THAT'S DONE THROUGH THE BUILDING DEPARTMENT.
AND THAT'S GOOD, YOU PROTECT AGAINST FREE SPEECH TO PROTECT FREE SPEECH SPECIFICALLY.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
IF THERE'S NO OTHER QUESTIONS, UM, CAN WE HAVE A MOTION FOR ITEM FIVE C UM, I MAKE A MOTION TO APPROVE ITEM FIVE C AS WRITTEN.
THERE'S BEEN, AH, IT'S BEEN MOVED TO APPROVE ITEM FIVE C CAN I HAVE A SECOND, SECOND? IT HAS BEEN MOVED AND SECONDED ANY DISCUSSION.
I UNDERSTAND WHAT'S GOING ON, BUT I, I THINK IT'S STILL NOT TIGHT ENOUGH, SO I CAN'T REALLY SUPPORT IT IN THE CURRENT FORM.
AND I'M NOT SAYING I HAVE ANY GREAT SUGGESTIONS TO MAKE IT BETTER, BUT OKAY.
IS IT SOMETHING POSSIBLY AS WE'RE DOING THE COMP PLAN THAT WE CAN CIRCLE BACK TO? I MEAN, I HAVE NO PROBLEM WITH IT RIGHT NOW, BUT MAYBE WE CAN CIRCLE BACK TO IT.
AND AS YOU SAID, HOWARD, ASSIGN IT FOR KYLE COMPREHENSIVE PLAN WOULDN'T, UM, CONCENTRATE ON DEVELOPING CODES.
UM, IT'S MORE OF A GUIDING DOCUMENT THAT PUTS FORTH, UM, IDEAS FOR DEVELOPMENT AND SORT OF GIVES A DIRECTION FOR DEVELOPMENT AS THEY RELATE TO, UH, USES.
UM, THIS WOULD BE THE TYPE OF THING THAT YOU WOULD CIRCLE BACK UP AROUND WHEN YOU'RE TRYING TO ALTER YOUR INDIVIDUAL CODES AND ORDINANCES IN THE SUPPORT OF A COMPREHENSIVE PLAN.
SO THIS, THIS WOULD BE IN THE, IN THE SECOND PHASE OF A,
[01:05:01]
OF A COMP PLAN AND THEN A CODE REWRITE.THIS WOULD BE IN THE CODE REWRITE PORTION.
WELL THEN IF WE COULD PUT IT THERE, THAT WOULD BE GREAT.
I'M NOT OPPOSING TO THIS NOW I'M JUST ASKING TO ADD THAT.
ANY OTHER DISCUSSION, I THINK WHILE I HAVE SOME NATURAL HESITATION TO THIS, UM, I THINK I'M GOING TO VOTE FOR THIS TONIGHT, JUST ON THE FACT THAT, LIKE, THERE'S A COUPLE OF THINGS THAT I WAS JUST THINKING ABOUT THAT HAVE BEEN ANSWERED BY STAFF.
I THINK, ALTHOUGH IT'S JUST A SLIGHT CHANGE, I THINK IT'S REALLY IMPORTANT AND I AM VERY MUCH IN FAVOR OF IT.
I, I COME FROM A VERY SMALL COMMUNITY THAT WAS A COAL MINING TOWN AND WAS VERY DRAB AND, AND LONG STORY SHORT, THEY PASSED SOME ORDINANCES THAT REQUIRED LANDSCAPING ON BUSINESSES REQUIRED, YOU KNOW, AND PEOPLE WERE ALL UP IN ARMS AND IT WAS, IT WAS A VERY UNHAPPY SITUATION.
NOW IT WAS JUST SAYING, YOU'RE GOING TO PUT GRASS AND TREES AND SHRUBS IN FRONT OF A COMMERCIAL BUILDING AND IT TRANSFORMED THE COMMUNITY.
SO I, I, I THINK, YOU KNOW, I'M, I'M FINE WITH THIS.
SO MY THOUGHTS ARE, I DO AGREE THAT THE WORDING IS WORRISOME.
IF SUCH WORK AS COMMISSIONER SHED MEYER DID, UM, DID BRING TO LIGHT.
SO I, UM, I'M SORRY, WHEN WE TALKED ABOUT THAT, YOU HAD MENTIONED RE IT IS POSSIBLE TO RESTATE A, IN THAT SECOND SECTION, CORRECT.
THAT IT'S, THAT AS AMENDMENT TO THE MOTION WE COULD MAKE TO, UM, TO THEN APPROVE YOU, YOU COULD, YOU COULD CRAFT A MOTION SUCH THAT YOU, YOU, YOU, YOU RECOMMEND THE TEXT AMENDMENT WITH THE FOLLOWING, YOU KNOW, ALTERATION.
WHICH WOULD BE RESTATE THE CLAUSE IN A, AS THE INTRODUCTORY CLAUSE FOR NUMBER TWO, FOR THE SAKE OF CLARITY YOU COULD DO THAT DOES INCLUDING FOUR MEAN THAT IT IS STATED IN THE SECOND.
UM, MY, MY, MY RATE OF THE CODE WOULD BE THAT IF THERE'S AN OR, AND IF YOU'RE A PRIVATE ACTOR AND YOU'RE LOOKING AT WHAT YOU CAN AND YOU CAN'T DO, UM, IF YOU, IF YOU READ A, AND THERE WERE TWO CLAUSES THAT FOLLOWED JOINED BY AN, OR IF THE FIRST CLAUSE WAS NOT RELEVANT TO YOU, THEN YOU WOULD EFFECTIVELY IGNORE THAT AS IF IT WERE NOT THERE.
AND THEN THE SECOND CLAUSE WOULD, WOULD RELATE TO A AS WELL.
IT DOESN'T, IT DOESN'T RELATE TO ONE ANYMORE.
UM, BUT WHAT WE CAN DO IS SIMPLY JUST RESTATE THAT INTRODUCTORY CLAUSE FROM A, SO THAT THERE'S NO LOSS OF MEANING THAT, THAT THAT'S THE EXPECTATION OF THE, THE P AND Z IS THAT THE, THE, THE WORK BEING REFERENCED IS THE CONSTRUCTION OR ERECTION OF NEW STRUCTURES.
UM, THAT THAT'S, WHAT IF, WHEN IT SAYS SUCH WORK SUCH RELATES TO THE INTRODUCTORY CLAUSE OF A, NOT ANYTHING THAT WAS IN ONE.
SO I AM ACTUALLY GOING TO MOVE THAT THE MOTION BE AMENDED BY ADDING THAT INTRODUCTION FROM A TWO ITEM NUMBER TWO.
SO I'M, I'M MAKING A MOTION TO AMEND, UM, THE, THE, THE ORIGINAL EMOTION TO ADD.
UH, IT WAS, I THINK THAT'S TOTALLY UNNECESSARY, BUT IF IT'S GONNA, IF THAT'S THE WAY PEOPLE ARE GOING TO HAVE GOOGLE, I WOULD SAY, OKAY, OKAY, JUST ONE SECOND, WE GOTTA DO THIS IN THE RIGHT ORDER.
SO I'VE MADE A MOTION IF THERE IS A SECOND WE'LL MOVE FORWARD, AND THEN WE CAN DISCUSS THE AMENDMENT TO THE MOTION IF THERE IS A SECOND FIRST, HUH? DO WE HAVE TO LIKE, NOT APPROVE THE FIRST MOTION THEN, OR NO? NO.
W W WHAT WE'RE GOING TO DO IS WE'RE GOING TO VOTE ON THE AMENDMENT TO THE MOTION FIRST, ONCE ANY AMENDMENT TO THE MOTION IS PASSED OR NOT, THEN WE GO BACK TO THE MOTION ITSELF.
THAT'S JUST THE WAY ROBERT'S RULES WORKS.
SO I'VE MADE A MOTION TO AMEND THE ORIGINAL MOTION.
THEN AGAIN, THERE IS A SECOND.
SO THAT MEANS NOW WE CAN DISCUSS IT.
IF, UM, AGAIN, THE REASON I, THE REASON I SAID IS A REASONABLE, WHAT CON OH, WAS COMMISSIONER SAID, MEYER SAID EARLIER WAS JUST THAT, UH, THE WORDS, IF SUCH WORK AS COMING IN RIGHT AT THE BEGINNING OF TWO, WHICH IS RIGHT AFTER NUMBER ONE IMPLIES, AND, AND THE ADDING
[01:10:01]
OF THE EXTRA WORDING WAS JUST TO CLARIFY THAT IT IS, OR IT IS ONE OR THE OTHER.THAT WAS THE REASON FOR THE, THAT, THAT, BUT AGAIN, IT, NOW WE CAN DISCUSS, UM, ANY DISCUSSION FOR THE AMENDING OF THE MOTION.
I'LL JUST SAY, THAT'S NOT MY ONLY PROBLEM WITH IT.
UM, ACTUALLY AGREE WITH LAILA THAT IT'S PROBABLY A SLIPPERY SLOPE WHEN WE START REGULATING COLOR SPECIFICALLY LIKE THAT.
UM, AND I THINK WE JUST NEED TO BE UPFRONT AND HONEST.
THAT'S THE THING THAT'S TRIGGERING THIS.
AND, AND I FEEL LIKE IT SHOULD BE ADDRESSED SPECIFICALLY.
AND IT'S BECAUSE IT'S SO OUT OF CHARACTER WITH THE NEIGHBORHOOD.
AND I DON'T THINK THAT WE NEED TO GO AND MODIFY THIS PARTICULAR PART OF THE ZONING ORDINANCE FOR IT.
WE NEED TO ADDRESS IT SPECIFICALLY.
UM, AND I DON'T HAVE A PERFECT ANSWER AS TO WHAT THAT WOULD LOOK LIKE, BUT I JUST I'M CONCERNED THAT WE'RE GOING THROUGH THIS A LITTLE BIT TOO QUICK, AND THERE'S SOME POTENTIAL UNINTENDED CONSEQUENCES ON DESIRED EFFECTS THAT MIGHT COME OUT OF THIS, THAT WE WON'T WISH WE DIDN'T HAVE IN PLACE LATER ON NOT SAYING THAT STAFF AND WHOMEVER ELSE HELPED WRITE THIS, DIDN'T DO A GOOD JOB OF IT.
IT'S A TOUGH THING TO DO, BUT I THINK THERE'S SOME PROBLEMS INHERENT IN IT.
SO DISCUSSION NOW IS FOR THE AMENDMENT TO THE MOTION, WE'LL GET BACK TO THE ORIGINAL MOTION AND JUST A MOMENT, UM, IS THERE ANY DISCUSSION ABOUT THE AMENDMENT TO THE MOTION, UH, COMMISSIONER MCCALL? UM, SO WE'RE GONNA JUST PUT A CONDITIONAL USE PERMIT, EVERYTHING THAT'S UNDER EI IS WRITTEN AGAIN BEFORE WE GET TO TWO.
UM, BUT I GUESS WHAT IT TO PIGGYBACK OFF OF COMMISSIONER MCCALL, WHAT SPECIFIC WORDS DO YOU WANT TO INSERT INTO SUBSECTION TWO AND WHERE DO YOU WANT THEM INSERTED? SO I, I, I TOOK IT THAT, UH, COMMISSIONER GUERA, UM, WAS TO INCORPORATE THE LANGUAGE FROM A, UM, THE PORTION OF THE LANGUAGE IN A, THAT RELATES TO WHAT THE ACTION IS.
SO IN THIS CASE, THE ACTION IS CONSTRUCTION OR ERECTION OF ANY NEW STRUCTURE, UH, FOR OUR COMMERCIAL RETAILER BUSINESS USE.
AND THEN THAT SHOULD RELATE TO THE INTRODUCTORY PHRASE CLAUSE.
IN NUMBER TWO, IT SAYS IF SUCH WORK, BECAUSE THIS TEXT AMENDMENT USED TO FEATURE THE WORD AND THE INTRODUCTORY CLAUSE OF IF SUCH WORK LENDS ITSELF TO REFLECTING ON PART, YOU KNOW, SUBPART ONE, BUT NOW WE'RE SEPARATING SUB-PARTS ONE AND TWO WITH THE WORD, OR RATHER THAN THE CONJUNCTION.
AND, AND, UM, SO THE EXPECTATION IS NOW, IF YOU DON'T FALL UNDER NUMBER ONE, COULD YOU ALSO BE EXEMPTED FROM THIS? BECAUSE IF SUCH WORK IS RELATING TO NUMBER ONE, WHICH IS NO LONGER APPLICABLE IN YOUR PROJECT, WHAT WE WANT TO DO IS TIE THAT IF SUCH WORK BACK TO A, TO MAKE SURE THAT EVEN IF YOU ARE EXEMPTED FROM NUMBER ONE, THAT NUMBER TWO WOULD STILL STILL CORRECT.
SO I, I DON'T WANT TO TRY TO DO THIS TO CLOSE A LOOPHOLE ONLY TO LEAVE A LOOPHOLE.
UM, I, IF THE IDEA IS TO CHANGE IT TO, UM, OR WE WANT TO MAKE SURE THAT THE, IF SUCH WORK DOESN'T UNDO THAT, I MEAN, I DON'T, I DON'T THINK IT CHANGES THE SPIRIT OR THE INTENT OF WHAT WE'RE TRYING TO ACCOMPLISH THIS EVENING, UM, TO, TO RESTATE THE PORTION OF A IN NUMBER TWO.
UM, IT, IT WOULD STILL ACCOMPLISH THE SAME GOAL.
IT'S JUST PUTTING IT, PUTTING IT IN THERE.
THE SPIRIT OF IT TWICE, THE SPIRIT OF ITEM TWO IS IF THE, TO MODIFY THE BUILDING EXTERIOR FOR COLOR.
AND IF YOU READ DARN PHONE WITH SLEEPER, IF YOU READ A IT'S TALKING ABOUT NEW STRUCTURE OR ERECTION OF ANY NEW STAR PRIOR TO CONSTRUCTION OR RE IS MODIFICATION BY REPAINTING SOMETHING, DOES THAT FALL WITHIN THE DEFINITION OF CONSTRUCTION? BECAUSE I DON'T KNOW THAT IT NECESSARILY DOES, AND THAT I UNDERSTAND WHAT YOU'RE SAYING, HOWARD, THAT THAT WOULD APPLY.
BUT I DON'T KNOW THAT IT'S THAT CLEAR
[01:15:01]
TO ME.THIS SEEMS LIKE IF YOU'RE GOING TO GO OUT AND BUILD SOMETHING NEW BEFORE YOU BEGIN BUILDING IT, BECAUSE THE SECOND SENTENCE IN A READS A CONDITIONAL USE PERMIT SHALL ALSO BE REQUIRED.
AND THEN THERE'S ONE AND TWO, WHICH ARE THE TWO CONDITIONS.
THAT JUST SEEMS LIKE VERY STANDARD, LIKE HAVING DEALT WITH A LOT OF CODES IN MY LIFE THAT SEEMS LIKE VERY STANDARD WORDINGS WHERE IT'S LIKE, BASICALLY IT COVERS EVERYTHING THAT YOU WANT TO COVER.
AND NOW LIKE, UM, IF YOU NEED THIS CONDITIONAL USE PERMIT, LIKE THERE'S A LOT THAT FOLLOW FOLLOWS INTO IT.
UM, SO IT DOES LEAVE IT VERY VAGUE, BUT THEN IT LIKE OPENS UP THE DISCUSSION OR WITH STAFF OR WHOEVER, UM, BEFORE IT EVEN GETS TO US ABOUT IF THEY NEED A CONDITIONAL USE PERMIT.
SO IT COVERS A LOT OF GROUND, WHICH I THINK IS NICE.
I MEAN, ARE YOU INTERESTED IN RESTATING THE INTRODUCTORY CLAUSE OF ONE IN NUMBER TWO WHERE IT'S, YOU KNOW, A CONDITIONAL USE PERMIT SHALL BE REQUIRED PRIOR TO ANY EXISTING STRUCTURE WITHIN ONE OF THE OVERLAY DISTRICTS, UM, REQUIRING AN ADDITIONAL CURB CUT OR RECONSTRUCTION ENLARGEMENT REMODELING.
NOW, I CAN'T REMEMBER HOW I READ IT THE FIRST TIME AND THEN READING IT DIFFERENTLY.
I JUST, JUST SIMPLY, ARE YOU INTERESTED IN ONE AND TWO BEING APPLIED TO NEW AND EXISTING CONSTRUCTION? OR DO YOU WANT ANY OF THESE, A ONE AND OR TWO TO ONLY BE APPLICABLE TO A CERTAIN STYLE OF CONSTRUCTION AND BY STYLE, I MEAN, NEW OR RENOVATION TO EXISTING BECAUSE A IS ALL ENCOMPASSING.
IT READS A CONDITIONAL USE PERMIT, WHICH IS WHAT THIS IS, AND THE CRITERIA ARE ENUMERATED LATER IN THE CODE, BUT IT SAYS THE CONDITIONAL USE PERMIT WILL BE REQUIRED PRIOR TO THE CONSTRUCTION OF ANY NEW STRUCTURE.
THAT'S COMMERCIAL, RETAIL, OR BUSINESS USE ONE AND TWO ARE IN ADDITION, AND THEY READ THAT THEY APPLY TO EXISTING WITHIN ONE OF THE OVERLAY DISTRICTS.
WE STAFF WOULD THINK THAT ONE AND TWO SHOULD REMAIN APPLICABLE TO EXISTING STRUCTURES.
AND THEN NEW STRUCTURES WOULD BE ALL ENCOMPASSED ALL THE TIME.
IF IT'S NEW, YOU'RE COMING TO P AND Z PERIOD.
IF IT'S A RENOVATION TO EXISTING, THEN YOU NEED TO APPLY WITH ONE AND TWO.
AND WE CAN, WE CAN STATE THAT, YOU KNOW, MORE, MORE CLEARLY BEFORE IT GOES FORWARD TO THE MAYOR AND COUNCIL NEXT WEEK, SIMPLY SIMPLY TO RESTATE IT, NOT TO CHANGE, NOT TO CHANGE THE INTENT OF THE TEXT AMENDMENT, BUT JUST TO, TO QUITE HONESTLY, YOU CAN'T REPEAT THINGS TOO OFTEN.
I MEAN, ESPECIALLY IF YOU'VE GOT THE SAME REQUIREMENT THAT'S LISTED THROUGH A SERIES OF SECTIONS OR SUBSECTIONS OR SUB-PARTS, YOU CAN RESTATE IT AGAIN.
IT DOESN'T, IT DOESN'T CHANGE ANYTHING BECAUSE A LOT OF PEOPLE WILL, WILL MAYBE ONLY READ ONE OR TWO SENTENCES OUT OF A CODE.
SO TO THEM, IT'S NOT ACTUALLY BEING RESTATED.
AND THE ONLY TIME THEY'RE READING IT, IF THEY'RE ONLY READING THAT, THAT ONE INDIVIDUAL SECTION.
MY QUESTION IS THAT, YOU KNOW, A APPLIES TO ALL CONSTRUCTION ONE AND TWO APPLY TO EXISTING CONSTRUCTION.
AND WE CAN, WE CAN RESTATE THAT IN NUMBER TWO, TO MAKE THAT MORE CLEAR, TAKE THE LANGUAGE FROM NUMBER ONE AND PUT IT BEFORE NUMBER TWO AS WELL.
I MEAN, DOES ANYBODY LOST IT BASICALLY THE FIRST SENTENCE OF NUMBER TWO WILL, WILL ESSENTIALLY READ PRIOR TO ANY EXISTING STRUCTURE WITHIN ONE OF THE OVERLAY DISTRICTS REQUIRING AN ADDITIONAL CURB CUT OR THE RECONSTRUCTION ENLARGEMENT AND BLAH, BLAH, BLAH, BLAH, BLAH.
JUST MERGE THOSE TWO CONCEPTS POINT OF ORDER, UM, WITH, UH, YOU AGREEING TO THAT IS THAT THEN A FRIENDLY AMENDMENT THAT MAKES YOUR MOTION CURRENTLY IN A SECOND.
DISCUSSION OF THE MOTION IS ACTUALLY TO CLARIFY WHAT, WHAT THE LANGUAGE WOULD ACTUALLY BE.
I THINK WE'RE STILL ON POINT WITH HIS FRIENDLY AMENDMENT.
WE'RE JUST TRYING TO WORD SMITH TO MAKE SURE THAT WE GET HIS MEANING CLEAR WITH EVERYBODY WHO'S GOING TO VOTE ON THE AMENDMENT AND THEN VOTE ON THE RECOMMENDATION.
CORRECT? I CAN, I CAN RESTATE MY AMENDMENT TO THE MOTION IF THAT WOULD HELP.
SO I MOVE, WE AMEND THE MOTION BY RESTATING, UH, BY CLARIFYING THE WORDING AND NUMBER TWO, TO INCLUDE THE WORDING FROM NUMBER ONE TO TWO, TO MAKE CLEAR THEY ARE IT'S TWO SEPARATE OR ITEMS POINT OF ORDER.
[01:20:01]
WHAT PART OF NUMBER ONE? WHAT WORDS OF NUMBER ONE, DO YOU WANT? NUMBER TWO, EXACTLY.IT'S THE INTRODUCTORY CLAUSE, WHICH IS THE TRIGGER, THE INTRODUCTORY CLAUSE OF PRIOR TO ANY EXISTING STRUCTURE WITH ONE OF THE OVERLAY DISTRICTS.
AND THEN WE'LL FIGURE OUT A WAY TO CAN JOIN THAT INTO THE LANGUAGE OF THE EXISTING LANGUAGE OF NUMBER TWO.
WE'RE NOT GOING TO ALTER THE LANGUAGE.
AND NUMBER TWO, WE'RE JUST GOING TO CLARIFY WHEN IT'S APPLICABLE BY USING THE INTRODUCTION VERBIAGE AND NUMBER ONE.
OH, UM, I RESTATED THE MOTION.
DO I NEED A RE GET A SECOND? I DON'T.
DOES ANYONE WANT A SECOND? THE CLARIFICATION OF THE SECOND? THANK YOU.
I SPEND MOTIONS AND SECOND, ANY OTHER DISCUSSION? JUST THE AMENDMENT.
DO THIS IS JUST THE AMENDMENT TO THE ORIGINAL MOTION.
THIS IS NOT THE ORIGINAL MOTION.
WE'LL GO BACK TO THAT IN A SECOND.
SO, AS I UNDERSTAND IT, THE NUMBER TWO WOULD ESSENTIALLY SAY PRIOR TO ANY EXISTING STRUCTURE WITHIN ONE OF THE OVERLAY DISTRICTS, UM, BEING ALTERED RECONSTRUCTED, ENLARGED, OR REMODELED FOR A COMMERCIAL RETAILER BUSINESS USE, UH, REQUIRES ANY ADDITIONAL CURB CUT OR THE RECONSTRUCTION ENLARGEMENT REMODELING, OR ALTERATION OF THE EXTERIOR DESIGN, INCLUDING COLOR MATERIAL, FINISHED GRADE LINE LANDSCAPING AND ORIENTATION OF THE STRUCTURE.
SO I GUESS MY BIGGEST QUESTION IS WHY IS, UM, THIS UNDERNEATH TOO? AND WHY SHOULD THIS NOT BE, UH, CLAUSE B IN THIS SECTION? AND THEN MOVE CLASS B DOWN TO CLAUSE C WHERE IT WOULD SAY, SEE THE CONDITIONAL USE PERMIT BECAUSE IT KIND OF THEN DEFEATS THE PURPOSE A LITTLE BIT TO ESSENTIALLY NEST WITHIN, UM, LIKE THIS, IT SEEMS LIKE IT WOULD BE AN ITEM B BECAUSE IF YOU LOOK AT A ALA, THE, THE CLAUSE A TALKS ABOUT AT FIRST, A CONDITIONAL USE PERMIT USES REQUIRED FOR THE CONSTRUCTION OF ERECTION OF ANY NEW STRUCTURE.
SO THAT'S BASICALLY SAYING ANY NEW STRUCTURE, BUT IF YOU LOOK AT ONE AND TWO, WE'RE TALKING ABOUT EXISTING STRUCTURES, SO SHOULD WE MOVE THAT OUT TO BE, AND THEN WE HAVE A CONDITIONAL USE PERMIT BE REQUIRED AND THEN A ONE AND TWO.
SO THAT WAY, UH, IT CLARIFIES THAT ONE OF THESE IS ABOUT NEW CONSTRUCTION.
ONE OF THESE IS ABOUT EXIT CONSTRUCTION TO EXISTING FEATURES, THE FIRST SENTENCE, AND THEY IS IRRELEVANT TO THE REST OF THE PARENTS GRAPH.
WHAT YOU'RE, I THINK YOU'RE SAYING.
AND I THINK I UNDERSTAND AND AGREE.
I THINK IT'S CLEAR THE WAY THAT IT'S WRITTEN AND DIVIDED UP, BECAUSE IT'S SAYING NEW, YOU NEED IT EXISTING, OR IF IT'S EXISTING, HERE'S WHAT YOU NEED TO DO.
ANY OTHER DISCUSSION? OKAY, SO THIS IS ON THE AMENDMENT TO THE MOTION.
UM, ALL THOSE IN FAVOR, SAY AYE.
I AGREE WITH WHAT HE'S SAYING.
I THINK IT SHOULD BE SEPARATED WITH B.
SO THE MOTION TO THE AMENDMENT PASSES, UH, THE AMENDMENT OF THE MOTION PASSES NOW.
WHAT WAS THE VOTE TOTAL ON THAT? UM, W WE, WE, WE CAN DO A, UH, I HAVE IT AS FOUR TO ONE.
UM, DO WE ALL AGREE? IT WAS FOUR TO ONE, I THINK.
WE, WE NOW WE'RE GOING BACK TO THE ORIGINAL MOTION.
UM, IT HAS BEEN AMENDED THAT, UH, THE WORDING AND NUMBER TWO WILL BE CLARIFIED, BUT IT IS STILL BEEN MOTIONED AND SECONDED THAT WE APPROVE THIS ITEM.
IS THERE ANY OTHER DISCUSSION ABOUT THE ORIGINAL MOTION? OKAY.
HEY NATE, UH, CAN WE DO A ROLL CALL VOTE PLEASE? I DON'T.
[01:25:18]
SNYDER.S UH, THE MOTION PASSES THREE TO TWO.
[A. Discussion only regarding Planning and Zoning Commission request for future agenda items.
]
I LIKE THE IDEA OF, UH, GO FORTH OVERLAY TO PHILOMENA OVERLAY.
I THINK THAT MAKES PERFECT SENSE.
CAN THEY HEAR YOU ON THE PHONE? IS IT YOUR EXPERT? YOU WANT TO BRING A, A TEXT AMENDMENT BACK TO CHANGE THE NAMES OF THE OVERLAY DISTRICTS? YEAH, I IMAGINE THEY'LL BE LESS CONTAGIOUS.
[B.
Municipal Outdoor Lighting Discussion. ~ Commissioner Snidow
]OKAY.MOVING TO SIX B MUNICIPAL OUTDOOR LIGHTING DISCUSSION, COMMISSIONER SCHNEIDER, ACTUALLY A LOT OF IT, UM, LIKE MORE OR LESS, UM, I, I'VE ALWAYS ALL THE BAKERS, ALL THE, UH, ALL THE ANIMALS THAT MOVE THROUGH THIS, THIS BELT.
AND SO, UM, I'M JUST CURIOUS, AND I'M NOT TRYING TO PUT THIS ON THE BOARD OR ANYTHING, BUT JUST BECAUSE I'M NEW AND I DON'T KNOW WHERE TO ASK.
THERE ARE PEOPLE AND NOT ME, I'M NOT IN CHARGE AND I'M NOT THE EXPERT, BUT THERE ARE PEOPLE THAT WOULD LIKE TO SUPPORT AND GET BEHIND A EDUCATION CAMPAIGN OF SOME STORE.
AND IT SEEMS TO ME, YOU KNOW, FOR GENERAL POPULATION, SO THAT PEOPLE COULD UNDERSTAND THE IMPORTANCE OF THE DECISIONS THEY MAKE ON THEIR OWN HOME, NOT MANDATING, NOT REQUIRING, JUST EDUCATING.
AND, UM, I DON'T KNOW, IS THAT SOMETHING THEY WOULD BRING TO COUNCIL? HOW WOULD THEY, HOW WOULD THEY GO ABOUT PARTNERING WITH THE CITY AND DOING SOMETHING LIKE THAT? BECAUSE I DON'T KNOW.
AND SO I'M JUST ASKING THEM, YOU SAY THEY, WHO DO, WHO DO YOU MEAN THEY, WHO HAS TO COME TO THE COUNCIL? IT'S JUST, IT'S JUST A COMBINATION OF PEOPLE I'VE MET SINCE I'VE MOVED HERE.
SO THESE ARE JUST RANDOM CITIZENS, NOT ORGANIZED, NOT, YOU KNOW, OR PASSIONATE ABOUT DARK SKIES AND POLLINATORS AND THAT KIND OF THING.
UM, SO TO MY UNDERSTANDING, MY KNOWLEDGE, ONE OF THE, ONE OF THE GROUPS THAT, THAT DOES A BETTER JOB AT THAT IS THE HILL COUNTRY ALLIANCE.
UH, I'VE BEEN TO A COUPLE OF THEIR MEETINGS.
UM, THEY'RE HUGE PROPONENTS OF, UM, RESPONSIBLE LIGHTING ORDINANCES, UH, AS WELL AS THE CONSERVATION OF HILL COUNTRY RESOURCES IN GENERAL, BE IT VIEW SHEDS USES TRANSPORTATION, CORRIDORS, UM, WATER, UH, REALLY A LOT OF ISSUES LIKE THAT, THAT COME ABOUT AS A FUNCTION OF, UH PLACEMAKING.
SO, UM, THERE WOULD BE A LOT OF, UM, GOOD USE THAT A PERSON COULD GET BY ATTENDING ONE OF THEIR MEETINGS, UH, OR AT LEAST REACHING OUT TO SOMEONE IN THAT GROUP AND FINDING OUT SOME INFORMATION FROM THEM.
UM, SECONDARILY, UH, I WOULD THINK THAT IF, IF THERE WAS SOMETHING THAT THE CITY WANTED TO PUT FORWARD, WE WOULD, WE WOULD SPEAK WITH THE COMMUNICATIONS DEPARTMENT AND FIND OUT ABOUT THE, THE, THE LEGITIMACY OF BEING ABLE TO MAKE THAT SOME SORT OF INITIATIVE FROM AN EDUCATION AND OUTREACH STANDPOINT FROM THE CITY OUT TO THE CITIZENRY.
I MEAN, I THINK THEY ARE THESE PEOPLE, THEY WERE JUST HOPEFUL THAT THE CITY OF KYLE WOULD SEE.
I KNEW, SO THEY, AND THEY ALSO DID NOT KNOW THAT THE CITY OF KYLE HAD SIGNED ONE, THEN THEY DIDN'T KNOW THAT, YOU KNOW, WE HAD THE LIGHTING CRITERIA AND I THEN OTHER PEOPLE DON'T EITHER.
AND SO PEOPLE TALK ABOUT YOUR BLACK AND WHITE AS A PILE, WHAT KYLE STARTED DONE IT, WE'RE JUST NOT TALKING ABOUT IT.
AND SO I'M SAYING, TAKE CREDIT FOR WHAT YOU'RE ALREADY DOING,
[01:30:01]
BUT, UM, YOU KNOW, YOU CAN EVEN JUST LINKS ON YOUR, ON YOUR WEBSITE OR SOMETHING.I, I HAVE TO PROMOTE OUR ORGANIZATION ALL THE TIME.
AND, UM, BECAUSE WE'RE DOING A LOT OF STUFF, WE JUST DON'T TALK ABOUT IT.
AND SO THAT'S JUST MY SUGGESTION.
AND IF THERE'S ANYTHING I CAN DO TO HELP, I'M MORE THAN HAPPY TO HELP AND VOLUNTEER FOR WHATEVER, ALTHOUGH I'M NEW TO THIS, TO THAT ASPECT, NOT BY ANY MEANS AN EXPERT, BUT, UM, ANYWAY, SO YEAH, I WILL REFER THEM TO THEM.
I'M SURE THEY'RE VERY ACTIVE IN THAT BECAUSE THEY GO TO THE CONFERENCES, THE DARK SKY CONFERENCES.
AND SO, YOU KNOW, THEY KNOW MORE THAN I DO ANYWAY, IT'S COME UP.
AND THE QUESTION ALWAYS COMES UP IS WHY DOESN'T THE CITY OF KYLE DO ANYTHING? AND THEN I'M LOOKING AT OUR STUFF SAYING, WELL, WE ARE, WE'RE JUST NOT TELLING PEOPLE WE'RE DOING IT.
SO THAT'S, THAT'S MY SUGGESTION.
[A. Staff Report by Howard J. Koontz, Director of Planning and Community Development.]
STAFF REPORT A REPORT BY HOWARD J CREW IT'S DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT.UM, RIGHT NOW I JUST WANTED TO LET YOU KNOW THAT TWO WEEKS FROM TONIGHT, I DO NOT HAVE A PLAN FOR WORK SESSION.
I DON'T THINK THAT WE HAVE ENOUGH PRESSING ITEMS RIGHT NOW THAT REALLY REQUIRE, UH, THAT LEVEL OF DISCUSSION.
UM, I'M ALSO NOT AWARE THAT WE HAVE ANY VOTING ITEMS THAT'LL BE PRESSING.
SO I'M ABOUT 70% SURE THAT WE WILL NOT HAVE A MEETING, WHICH WOULD BE ON THE, UH, AM I THINKING TONIGHT'S THE 11TH? SO THE 20, IT WOULD BE THE 25TH.
SO THAT'S, UM, THE WEEK LEADING UP TO MEMORIAL DAY WEEKEND.
SO THAT'D BE, UM, OTHER THAN THAT, I THINK THAT'S ALL I HAVE.
I REALLY DON'T HAVE ANYTHING TO BRING TO THE GROUP TONIGHT.
COULD I ASK SOMETHING AND I'M NOT ASKING FOR THIS NEXT MEETING OR ANYTHING BUT SOMETHING I'D LIKE TO LEARN MORE ABOUT AND DO A DEEP DIVE ON FOR MY OWN KNOWLEDGE, AND MAYBE IT DOESN'T NEED TO BE IN A MEETING.
YOU STILL NEED TO TALK TO SOMEONE IS UNDERSTANDING DEEPLY OUR CRITERIA AND BUILDING CODES FOR OUR MODULAR HOUSING, BECAUSE WE FINANCE MODULAR HOUSING FOR SINGLE FAMILY FOR LOW AND VERY LOW INCOME POPULATIONS AND GET SOME, WE REQUIRE THAT THEY BE ON A FOUNDATION WHEN, WHEN A MODULAR HOME IS CONSIDERED A MODULAR HOME, IT GETS ALMOST LIKE A SINGLE FAMILY HOME WHEN IT'S DONE, BUT I DRIVE AROUND KYLE.
AND SO I'M TRYING TO UNDERSTAND THE DIFFERENCE IN THE CODES.
SO IT MAY NOT BE A WORKSHOP SESSION.
IT MAY BE JUST THAT I NEED TO SIT DOWN WITH STAFF AND THEY NEED TO EDUCATE ME ON WHAT WE DEFINE THINGS AS.
YEAH, I THINK, UM, BROADLY I WOULD SAY THAT MOST OF THAT FALLS UNDER THE BUILDING OFFICIALS RESPONSIBILITY AND BUILDING CODES, UM, WHETHER OR NOT SOMETHING IS, UM, TRADITIONAL ONSITE STICK-BUILT WHETHER IT'S, UM, YOU KNOW, OFF FRAME, MODULAR HOME OR, OR, UM, OFF THE FRAME MANUFACTURED HOME, WHICH IS BASICALLY A, A, UH, A STICK BUILT STRUCTURE.
IT'S ASSEMBLED ON SITE, UM, VERSUS ON FRAME, WHICH IS YOUR TYPICAL MANUFACTURED HOUSING THAT YOU'RE THINKING ABOUT.
UM, WE DO HAVE, UH, CERTAIN METRICS THAT WE NEED TO FOLLOW THROUGH ZONING FOR ON FRAME AND OFF FRAME, BUT BY AND LARGE, UM, YOU KNOW, ALL THAT IS REGULATED JUST AS A FUNCTION OF THE BUILDING CODE AND THE OVERALL LAND USE ALL, THAT'S GOING TO BE SINGLE FAMILY DETACHED.
SO ANYTHING OFF THE FRAME THAT'S ASSEMBLED ON SITE, UM, AS LONG AS IT CAN PASS THE INTERNATIONAL RESIDENTIAL CODE OF 2015, THEN IT'S ALLOWED TO BE ESTABLISHED IN ANY OF OUR RESIDENTIAL DISTRICTS.
IF IT'S ON FRAME, THEN THERE'S A DIFFERENT SET OF REQUIREMENTS.
IT HAS TO MEET THE ZONING BEING ONE OF THE M CLASSIFICATIONS, EITHER M ONE M TWO OR M THREE, AND THEN IT GETS A DIFFERENT REVIEW AT THE TIME THAT THE DWELLING IS ESTABLISHED, BUT IT'S STILL SINGLE FAMILY RESIDENTIAL.
I JUST WAS SURPRISED TO SEE UNITS BEING STILL PUT ON, UM, CINDERBLOCKS AND SKIRTED.
SO THAT WAS, THAT WAS, THAT WAS NEWS TO ME.
SO THAT'S AN AUNT, THAT'S AN ON FRAME UNIT.
UM, SO THAT WOULD, THAT WOULD BE ESTABLISHED ON ONE OF THE, ONE OF THE M DISTRICTS AND YES, THEY ARE STILL, UM, PREVALENT IN KYLE.
YOU HAVE TO GO AND FIND THEM, BUT IF YOU'VE BEEN HERE LONG ENOUGH, YOU KNOW WHERE THEY ARE AND, UH, YEAH, IT'S STILL COMPLETELY VIABLE.
UM, MANUFACTURED HOUSING HAS COME, YOU KNOW, IT'S COME A LONG WAY.
I SAY THAT MY EYES WERE OPEN TO IT 20 YEARS AGO WHEN I WAS IN GRADUATE SCHOOL AND WE ACTUALLY HAD TO LEARN ABOUT IT.
I HAD A LOT OF PRECONCEIVED NOTIONS UNTIL I WENT AND WATCHED THEM BE BUILT.
I WATCHED THEM BE ESTABLISHED.
I'VE BEEN IN HOMES OF MY FRIENDS AND ACQUAINTANCES THAT WERE ON
[01:35:01]
FRAME.UM, SO THERE, THERE ARE A LOT DIFFERENT THAN THEY QUOTE UNQUOTE USED TO BE IN I'M THINKING 40 YEARS AGO IS WHAT THEY USED TO BE AS, AS IT IS OPPOSED TO WHAT WE HAVE TODAY.
AND I'M, I'M THINKING, NOT JUST EVEN FROM THE AESTHETIC STANDPOINT OF THE COMMUNITY, BUT FROM THE QUALITY OF THE HOME, FOR THE FAMILY, THAT THAT'S WHAT THEY CAN AFFORD TO LIVE IN.
AND THAT'S WHY OUR AGENCY DOES NOT FUND THE ONES THAT ARE SITTING ON CINDER BLOCKS BECAUSE LONG-TERM, THOSE ARE NOT HIGH QUALITY PRODUCT, THE PRODUCT SITTING THERE.
MAYBE I HAVE NO PROBLEM WITH MODULAR HOUSING.
WE FINANCE MODULAR HOUSING ALL DAY LONG, BUT I'M, I'M DISAPPOINTED, I GUESS, IN THE WAY THEY'RE BEING SET UP HERE.
I DON'T THINK THEY'RE QUALITY HOUSING AND, UM, IT'S NOT THE UNIT.
IT'S, IT'S THE WAY THEY'RE BIDDING ESTABLISHED.
UM, ITEM NUMBER EIGHT, ADJOURNMENT.
SO MOVED, UH, WE HAVE A MOTION TO ADJOURN.
I'LL SECOND THAT THERE'S A SECOND.
ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.