* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] IT'S NOW SIX 30. [1.  Call Meeting To Order] I WOULD LIKE TO CALL THIS PLANNING AND ZONING COMMISSION, REGULAR MEETING TO ORDER. CAN [2.  Roll Call] I HAVE A ROLL CALL PLEASE? AND MEYER SNYDER HERE. MY CALL CHRISTIE HERE, HERE, CHASE HERE, JAMES. UM, BEFORE WE GO TO THE MINUTES, I JUST LIKE TO MAKE AN ANNOUNCEMENT FOR ANYONE WHO IS HERE FOR ITEM NUMBER SEVEN E UM, REGARDING EXCEPTION TO REQUIRED PLANNING FOR 404 OH TWO, FOUR OH FOUR SOUTH BURLINGTON. THAT ITEM IS GOING TO BE POSTPONED FOR TWO WEEKS. WE'RE NOT, I DO NOT KNOW. I WAS JUST INFORMED THAT IT HAS BEEN POSTPONED FOR TWO WEEKS ADDITIONAL. WE HAVE ADDITIONAL CONVERSATIONS THAT NEED TO BE HAD BETWEEN STAFF AND THE PROPERTY OWNERS. DO YOU HEAR THAT? SO THERE HAS, THERE HAS TO BE MORE CONVERSATION BETWEEN STAFF AND THE PROPERTY OWNERS FOR THE ITEM TO BE BROUGHT UP. YES, SIR. WE ARE THE PROPERTY OWNERS AND WE HAVE BEEN APPROACHED BY STAFF FOR ANY QUESTIONS WE SUBMITTED, WHAT THEY INITIALLY ASKED FOR AND KNOW THAT THOUGH, YOU'RE, YOU'RE RESPONSIBLE FOR ALL THREE PROPERTIES, 400, 402, AND FOUR GOT THE THIRD PROPERTY OWNER, UM, KEEPING HER BREAST. BUT, UH, SHE, I INDICATED TO HER THAT SHE PROBABLY DIDN'T NEED TO BE HERE. OKAY. CAUSE WE HADN'T. WE HAD CONTACT FROM HER. MY STAFF PLANNER SAID HE HAD SPOKEN WITH THE THIRD PARTY AND THE THIRD PARTY IS NOT INTERESTED IN PARTICIPATING IN THE AGREEMENT. THAT WOULD BE, I COULDN'T HEAR, I CAN'T SPEAK. THE CITY STAFF HAS HAD CONTACT WITH THE THIRD PROPERTY OWNER AND THE THIRD PROPERTY OWNER HAS INFORMED US THAT THEY ARE NOT INTERESTED IN PARTICIPATING IN THE AGREEMENT. SO I NEED ALL THREE PERSONS TO COME FORWARD IN PERSON AND MAKE STATEMENTS AND SIGN PAPERWORK THAT SAYS THAT THEY ARE INTERESTED IN MOVING FORWARD. I CAN'T HAVE TWO OF THE THREE PROPERTY OWNERS MAKING A DECISION FOR THE THIRD. SO WE'RE GOING TO, WE'RE GOING TO POSTPONE THIS FOR TWO MORE WEEKS. NO DECISION WILL BE MADE. IT'S NOT A NO, BUT WE NEED MORE SURETY BEFORE THIS MOVES FORWARD. THE STAFF. WELL, THAT'S PROBABLY A REASON THAT WE NEED TO TALK TO FIND OUT WHO THE FOURTH ONE IS BECAUSE IT'S BEEN MY UNDERSTANDING THAT THERE'S THREE PROPERTIES IN PLAY. WELL, ACCORDING TO WHERE I RAN, UM, I, OKAY. I UNDER, I UNDERSTAND. AND I'M SORRY THAT YOU'RE HERE FOR THAT ISSUE AND YOU'RE THE PROPERTY OWNERS, BUT I'M GOING TO SAY DON'T SHOOT THE MESSENGER AND SORRY FOR THAT. I'M SORRY FOR THAT. BUT I DIDN'T, I DIDN'T, WHEN I WAS INFORMED, I DIDN'T STAFF WAS CONTACTED THIS MORNING. WE WERE CONTACTED THIS MORNING THAT THE THIRD PROPERTY OWNER WAS MADE AWARE THAT SOMETHING WAS GOING ON AND THEY WERE NOT IN FAVOR OF IT AND WERE NOT MADE AWARE OF IT. I DIDN'T WANT TO EMBARRASS ANYBODY IN PUBLIC. SO THE BEST THING TO DO IS JUST LET THIS GO FOR TWO MORE WEEKS OFF THE PUBLIC RECORD, AND THEN WE CAN TALK PRIVATELY OFFLINE, AND WE CAN SETTLE THIS, BUT THIS ISN'T THE VENUE RIGHT NOW. WE'LL TALK IN A COUPLE OF WEEKS. WELL, IN A COUPLE OF DAYS, WE'LL TALK IN A COUPLE OF DAYS. IT'LL BE A NO WE'LL BE IN CONTACT. YEAH, NO QUESTION, UH, HOW THE, THE SAME WAY THAT WE'VE BEEN MAKING CONTACT UP TILL NOW. SO IT'LL EITHER BE PHONE CALLS, EMAILS. UM, I DON'T KNOW. H HOW DID YOU MAKE CONTACT WITH THE CITY TO BEGIN WITH? SO PHYSICALLY YOU WALKED INTO CITY HALL. OKAY. SO HE DID NOT WALK INTO CITY HALL AND THERE'S NO STAFF, RIGHT? SO, SO HOW DID YOU APPROACH HIM? DID YOU CALL HIM ON THE TELEPHONE? DID YOU EMAIL HIM? OKAY. SO THEN WE'LL, WE'LL CALL YOU BACK ON THE TELEPHONE. OKAY? OKAY. THANK YOU. [3.  Minutes] OKAY. ITEM NUMBER THREE MINUTES. CAN I HAVE A MOTION? MADAM CHAIR. I'LL MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED. SECOND. I HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL THOSE IN [00:05:01] FAVOR, SAY AYE. AYE. OPPOSED. THE MINUTES ARE ACCEPTED. ITEM NUMBER FOUR, CITIZEN COMMENTS. I MEAN, OPENED UP CITIZENS. COMMENTS. CITIZENS COMMENTS ARE FOR THOSE ITEMS THAT ARE NOT ON THE AGENDA WITH A PUBLIC HEARING. SO IF YOU HAVE ANYTHING YOU'D LIKE TO DISCUSS OR TALK ABOUT CONCERNING PLANNING OR ZONING, YOU CAN COME UP AND SPEAK. NOW SEEING OH, ONE, I WILL CLOSE CITIZENS COMING. [5.  Consent] FIVE IS OUR CONSENT AGENDA. WE HAVE ITEMS A, B, C, D E F G H I. WOW. ALMOST THE WHOLE ALPHABET ON THE CONSENT AGENDA TONIGHT. CAN I HAVE A MOTION? MADAM CHAIR? YES. YOU APPROVE CONSENT AGENDA ITEMS A THROUGH I, I HAVE A MOTION. CAN I HAVE A SECOND? SECOND. I HAVE EMOTION IN THE SECOND. ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. ALL THOSE OPPOSED MOTION PASSES. ITEM SIX, ZONING. [A.   Consider a request by Lucia Hernandez (Z-21-0081) to assign original zoning to approximately 4.56 acres of land from Agriculture 'AG' to Retail Service District 'RS' for property located at 145 Lehman Road, in Hays County, Texas.   Public Hearing Recommendation to City Council ] A CONSIDER A REQUEST BY LUCIA HERNANDEZ, Z 21 DASH ZERO ZERO EIGHT. ONE TO ASSIGN ORIGINAL ZONING TO APPROXIMATELY 4.56 ACRES OF LAND FROM AGRICULTURE AGEE TO DETAIL TO RETAIL SERVICE DISTRICT R S FOR PROPERTY LOCATED AT ONE 45 LAYMAN ROAD IN HAYES, COUNTY, TEXAS. THERE IS A PUBLIC HEARING FOR THIS ITEM. IS THERE ANY, I WILL OPEN THE PUBLIC HEARING. IS THERE ANYONE HERE TO SPEAK FOR ITEM SIX? A OH, CHARLES GARCIA'S ON VIA ZOOM FOR THE APPLICANT. OKAY. UM, I WILL CALL ON MR. GARCIA IF WE NEED, UM, DISCUSSION DOWN THE ROAD. YES, MA'AM OKAY. SEEING NO ONE FOR PUBLIC HEARING. I WILL CLOSE THE PUBLIC HEARING. MR. ATKINSON. ALL RIGHT. EXCUSE ME. I APOLOGIZE. NOT BEING HERE IN PERSON AND I APOLOGIZE IN ADVANCE IF I START HAVING A COUGHING FIT, UH, SICK LAST WEEK AND I'M STILL GETTING OVER THE COUGHING SIDE OF IT. UH, MY NAME IS, UH, WILKINSON. SO YOU PLANTED FOR THE RECORD, UH, BEFORE YOU, WE HAVE PETITION NUMBER, UH UM, IT'S LOCATED AT AN ADDRESS OF ONE 45 LAYMAN ROAD, WHICH IS THE NORTH CORNER OF, UH, EXCUSE ME, ONE. YEAH, NORTH CORNER OF EAST FM ONE 50 AND LAYMAN ROAD. OTHER REQUESTING TO REZONE, APPROXIMATELY FIVE ACRES FROM AGRICULTURE TO RETAIL SERVICES. UH, RIGHT HERE. YOU CAN SEE THE LOCATION AROUND IT. UH, THERE'S A HOUSE OR TWO ON THE PROPERTY RIGHT NOW TO THE SOUTHEAST IS A STRIP CENTER RETAIL. UH, SONIC IS TO THE SOUTHWEST, UM, POS SHELTER IN THE CITY OF CAPITOLA WORKS FACILITY AND WRAPPING AROUND IT TO THE SOUTHWEST AND WEST AND NORTHWEST AND NORTHEAST IS ACTUALLY ALL PROPERTIES ON RETAIL SERVICES. SO IT FITS RIGHT IN. YOU CAN SEE THE ZONING MAP RIGHT HERE. UM, AS MOST OF YOU ALL ARE AWARE OF RETAIL SERVICES, ZONING IS YOUR TYPICAL HIGHWAY COMMERCIAL, UM, HIGH INTENSITY RETAIL WITH HIGH TURNOVER FOR TRAFFIC POINT CELL SERVICES. UM, YOU'RE LOOKING AT ANYWHERE FROM RESTAURANTS, OFFICES, UM, STRIP RETAIL. SO IT'S GENERAL SUNDRIES THAT ARE SOLD IN A NON WAREHOUSE TYPE MANNER. UM, YOU CAN HAVE OFFICES THERE AS WELL. HOTELS, WHAT HAVE YOU, UH, RIGHT HERE IS THE REGIONAL NOTE. UM, AS YOU CAN SEE, IT'S 100% IN IT. IT'S KINDA HARD TO SEE THE YELLOW OUTLINE, BUT IT IS THERE AND IT IS, UH, THE RETAIL SERVICES. SOMETHING DISTRICT IS RECOMMENDED IN THE REGIONAL NODE, UM, WHILE IT'S NOT DIRECTLY ON , UM, IT IS WITHIN CLOSE PROXIMITY AND IT IS ON A, ON A HARD CORNER OF, UH, TWO MAJOR ROADS WITHIN THE CITY OF KYLE. UM, THERE'S LOTS OF RETAIL AROUND IT OR SOME AREAS WHERE ZONE FOR RETAIL WITH THE EXPECTATION OF BEING, UH, CONSTRUCTED IN THAT FASHION. UM, AND THERE'S ALSO WATER AND WASTEWATER AND ADEQUATE ROAD CONNECTIVITY. UM, FOR STAFF, IT'S AN EASY SELL, UH, FOR RETAIL [00:10:01] SERVICES, UH, FOR EVERYONE TO DEVELOPMENT IN THAT MANNER. AND SO WE ASKED THAT, UM, THE PLANNING AND ZONING COMMISSION ALSO MAKE A VOTE RECOMMENDING APPROVAL OF THIS REQUEST. DO Y'ALL HAVE ANY QUESTIONS FOR ME? ANY QUESTIONS FOR MR. ATKINSON? OKAY. THANK YOU, MR. ATKINSON. I WILL ENTERTAIN A MOTION. MADAM CHAIR. YES. I MOVE THAT. WE APPROVE ITEM SIX A AS WRITTEN. CAN I HAVE A SECOND? SECOND? IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED MOTION CARRIES. THANK YOU. YOU'RE WELCOME. [B.   Consider a request by Sunrise Village Investments, LLC (Z-21-0082) to assign original zoning to approximately 10.81 acres of land to Retail Service District 'RS' and approximately 34.83 acres to Multi-Family Residential-3 'R-3-3' for property located at 20139 IH-35, in Hays County, Texas.   Public Hearing Recommendation to City Council ] SIX BEING, CONSIDER A REQUEST BY SUNRISE VILLAGE INVESTMENTS, LLC Z 21 ZERO ZERO EIGHT TWO TO ASSIGN ORIGINAL ZONING TO APPROXIMATELY 10.81 ACRES OF LAND TO RETAIL SERVICE DISTRICT R S AND APPROXIMATELY 34.83 ACRES TO MULTIFAMILY RESIDENTIAL THREE R THREE THREE FOUR PROPERTY LOCATED AT TWO ZERO ONE THREE NINE INTERSTATE HIGHWAY 35 IN HAYES COUNTY, TEXAS. WE HAVE A PUBLIC HEARING FOR THIS ITEM. I WILL OPEN THE PUBLIC HEARING. IS THERE ANYONE HERE FOR ITEM SIX? B YAY. HELLO. GOOD AFTERNOON, LOUISE GRANNY. YOU'RE HERE REPRESENTING THE APPLICANT. I'M THE ENGINEER THAT SUBMITTED THE SONY APPLICATION. OKAY. YOU THANK YOU. HELLO. THANKS. MY NAME IS JASON WITH THE NRP GROUP, UH, REPRESENTING THE GROUP IN CONTRACT NEGOTIATIONS WITH SUNRISE VILLAGE. I HAVE A PRESENTATION THAT AS YOU WISH I COULD GIVE BEFORE OR AFTER STAFF, WHATEVER Y'ALL PREFER. UM, HERE'S STEPH FIRST, RIGHT? OKAY. I'M GOING TO CLOSE THE PUBLIC HEARING. WE'LL HAVE A STAFF REPORT AND THEN YOU CAN GIVE YOU OKAY. THANK YOU. OKAY. CLOSING PUBLIC HEARING MR. ATKINSON. WELL, I CAN SEND FOR THE RECORD ONCE AGAIN, BEFORE YOU, WE HAVE PETITION NUMBER, UH, UH, FOR PROPERTY LOCATED AT, UH, 2139 35, WHICH IS THE SOUTHWEST CORNER OR SOUTHEAST CORNER OF 35 AND THE ROAD, UM, ESSENTIALLY BETWEEN YOUR ROAD AND LOWE'S, IF YOU WILL, UM, THEY'RE DOING THE RESTATING THAT THEY'RE GOING TO KEEP THE ZONING, UM, UH, OF 10.8, ONE ACRES OF RETAIL SERVICES ALONG THE 35 FRONTAGE ROAD AND REMAINING, THEY'RE GOING TO WANT TO REZONE TO JUST UNDER 35 ACRES OF OUR THREE-THREE, WHICH IS OUR HIGHEST DENSITY MULTI-FAMILY AND ABOUT 28 UNITS PER BILLABLE ACRE. SO THE SITE IS CURRENTLY ZONED RETAIL SERVICES. UH, YOU HAVE THE SHOPPING CENTER TO THE SOUTH, WHICH, WHICH HAS THE HOSPITAL, EXCUSE ME, WHICH HAS THE HOSPITAL AS WELL. UM, MAYBE ROAD 30 TO THE NORTH OR WESTERN NORTH, UH, WITH SOME AG ZONING AND SOME AREAS THAT ARE UNDEVELOPED AND THAT ARE ALSO IN THE NON ANNEXATION DEVELOPMENT AGREEMENTS. THE SITE IS CURRENTLY VACANT. UM, AS YOU KNOW, IN THE PREVIOUS ONE RETAIL SERVICES, YOU'RE GOING TO HAVE OFFICES RE UH, GENERAL RETAIL RESTAURANTS, GAS STATIONS, THAT KIND OF STUFF, GENERAL RETAIL, IF YOU WILL. UM, THE ZONING DISTRICT, UM, AS PREVIOUSLY STATED AS MULTI-FAMILY, UH, WITH 28 UNITS PER BILLABLE ACRE, UH, UM, AND IT'S OUR HIGHEST INTENSIVE USE OF, UM, ZONING FOR MULTI-FAMILY THAT IS A HUNDRED PERCENT MULTI-FAMILY, UM, IT, ISN'T MOSTLY IN THE ORIGINAL NODE. THERE IS A LITTLE BIT THAT'S IN THE SUPER REGIONAL NODE, BUT A MAJORITY OF THAT IS IN FLOOD PLAIN. AND IT'S UNDEVELOPABLE. SO FROM A PRACTICAL STANDPOINT, UM, WE'RE ASKING THAT WE OWN AND CONSIDER THE REGIONAL NOTE IN THIS PARTICULAR CASE. UM, AND, AND BOTH THE RS AND, UH, ARTHUR'S REZONING DISTRICTS ARE RECOMMENDED IN THE REGIONAL NODE. EXCUSE ME. UH, GENERALLY THE REGIONAL NOTE IS USED TO CAPTURE HIGHER INTENSITY USES AND RESIDENTIAL DENSITY. SO THIS FITS RIGHT IN, WE DON'T REALLY HAVE AN ISSUE WITH [00:15:01] IT. UM, IT'S, IT'S ON THE PERIPHERY OF THE SUPER REGIONAL NODE, WHICH IS SUPPOSED TO CAPTURE, UM, TRAFFIC, VEHICULAR TRAFFIC FROM A SUPER REGIONAL PERSPECTIVE OUTSIDE OF THE CITY OF KYLE. UM, BUT IT'S A LITTLE LESS IN INTENSITY OF SCALE, UH, SMALLER, SMALLER, COMPREHENSIVE PLAN AREAS THAT CAN, SHOULD SUPPORT THAT. BUT FROM A USE PERSPECTIVE, IT'S RIGHT NEXT DOOR. WE DON'T HAVE ANY ISSUES WITH IT. IT'S, IT'S, IT'S, IT'S FINE TO BE QUITE, TO BE QUITE HONEST. UM, THERE IS, UM, WATER AND WASTEWATER TO THE SOUTH IN THE, UM, IN THAT FLOOD PLAIN IN THE, IN THE, UH, BETWEEN LOWE'S AND THE SITE. UM, AND THEY DO HAVE ADEQUATE ACCESS FROM ICE 35, BUT, UH, FOLLOWING ZONING DISCUSSION WILL BE, HAVE FURTHER DISCUSSION WILL BE NEEDED WITH A DEVELOPER RELATING TO IMPROVEMENTS TO BB ROAD. AND, AND THAT'S PRETTY TYPICAL OF, UM, FOLLOWING ZONING. THE ZONING IS OBVIOUSLY JUST A USE QUESTION. ARE WE OKAY WITH THIS HERE? AND THEN WHEN IT COMES TO PLANNING AND SITE PLAN DEVELOPMENT, THEN THAT'S WHEN WE START TALKING WITH THE DEVELOPER ABOUT, OKAY, IS THERE ANY DEBT, IS THERE ANY RIGHT OF WAY THAT NEEDS TO BE DEDICATED? UM, YOU KNOW, WHAT KIND OF ROAD IMPROVEMENTS, IF ANY, ARE NEEDED, THAT KIND OF STUFF ALONG WITH OUR STANDARD CYCLING LAYOUTS. UM, SO WE DON'T HAVE ANY ISSUES WITH IT. UH, WE RECOMMEND IT. UM, AND WE ASKED THAT THE PLANNING COMMISSION AND ALSO RECOMMEND, UH, APPROVAL OF THE, OF THIS REZONING. DO YOU ALL HAVE ANY QUESTIONS FOR ME? I DO HAVE A QUESTION. UM, ARE THERE ALREADY PLANS TO IMPROVE BB ROAD? IT IS NOT ONE OF THE ROADS THAT'S ALREADY ON THE, OR ARE THERE NO PLANS CURRENTLY TO IMPROVE BB ROAD? IT'S ON A TRANSPORTATION MASTER PLAN, UM, AS A, AS A THREE LANE ROAD AND MINIMUM AS IT CURRENTLY STANDS. AND SO, UM, AS PART OF THE PLANNING AND FIVE PROCESS, WE DO LOOK AT IT AT, AT MINIMUM FROM A RIGHT-AWAY DEDICATION STANDPOINT. AND WE DO HAVE, UM, A, AN ASPECT OF IT FROM, UH, FROM A SITE PLAN PERSPECTIVE WHERE, UM, DEVELOPERS HAVE TO PAY SOMETHING CALLED AN ADJACENT LANE MODEL FEE, OR THEY CAN PAY THE VALUE, OR THEY CAN DO IMPROVEMENTS TO THE ROAD IN THE VALUE OF THAT FEE. UM, THEY HAVE A CHOICE, SO, UM, AND THAT'S MINIMUM. SO, UM, AND THEN CODE COMPLIANT AS WELL. SO THAT'S, UH, BEARS FURTHER DISCUSSION WITH THE DEVELOPER PHONES FUND AND ZONING. I SEE, I SEE WHERE YOU'RE GOING WITH, EXCUSE ME. AND I THINK THERE'S A DIFFERENCE BETWEEN IF A PLAN IN PLACE VERSUS AN EXPECTATION FUTURE TRANSPORTATION MAP SHOWS AN EXPECTATION THAT BB WILL BE IMPROVED, BUT CURRENTLY TODAY THERE'S NO EXPECTATIONS. THERE'S NO PLAN IN PLACE. THERE'S NO, THERE'S NO CAPITAL PLAN THAT SAYS, YOU KNOW, IN Q3 2022, WE'RE GOING TO REBUILD THIS ROAD. THAT'S NOT IN PLACE. WHAT USUALLY HAPPENS IS AS PROPERTIES DEVELOP ALONG THE CORRIDORS IN THE CITY THAT MATCH UP WITH THE MAP, THEY DO THEIR PORTION OF THE IMPROVEMENT AND WE GET IT DONE PARCEL BY PARCEL. THAT'S WHAT WOULD HAPPEN HERE. OKAY. THANK YOU. ANYONE ELSE HAVE ANY OTHER QUESTIONS FOR MR. ATKINSON? OKAY. UM, IF YOU'D LIKE TO COME UP NOW TO GIVE ME A PRESENTATION, HELLO, ONCE AGAIN FOR THE RECORD, MY NAME IS, UH, JASON , AGAIN, CHECK NEGOTIATIONS WITH SUNRISE VILLAGE. WE REPRESENT PART OF THIS DEVELOPMENT. WE JUST WANTED TO COME AND LEND OUR SUPPORT FOR, UM, FOR THIS PLANNING AND ZONING ACTION. AND I JUST WANTED TO GO OVER A LITTLE BIT ABOUT WHO WE ARE AND, UH, WHAT OUR PLANS ARE FOR THIS AREA. BUT AS I SAID, IT'S, UH, IT'S JUST THE BEGINNING OF NEGOTIATION RIGHT NOW. HOWEVER, TO ANSWER YOUR QUESTION, COMMISSIONER GUETTA, UM, WE HAVE DEVELOPED ALSO ON 3,700 DACEY LANE. AND ON THAT ONE, WE WERE ALSO, WE, WE DID CONTRIBUTE TO THE ROAD PROJECT AS WELL, ALONG WITH GIVING RIGHT AWAY. SO IT'S, IT'S A GENERAL EXPECTATION THAT BOTH US AND THE DEVELOPER UNDERSTAND THAT WE HAVE TO IMPROVE THE ROAD AS WE DEVELOP THE AREA. AND THAT'S USUALLY THE WAY AS HOWARD SAYS, USUALLY THE WAY IT IS PART OF THE EXPECTATION PART AND PARCEL. UM, AGAIN, A LITTLE BIT ABOUT THE NRP GROUP. THIS IS OUR SECOND, UH, UH, HOPEFULLY PRESUMABLY SECOND, UH, TRIP INTO KYLE. AGAIN, WE HAD DEVELOPED 3,700 DAY SILANE. WE THINK IT'S BEAUTIFUL AND IT'S LEASING UP VERY WELL. AND WE'RE VERY EXCITED TO BRING THAT TO THE COMMUNITY. WE ARE A FULL STOP SHOP WE'RE DEVELOPMENT. WE ARE CONSTRUCTION AND WE ARE MANAGEMENT. SO THE BUCK STOPS [00:20:01] WITH US. WE OWN OUR PROJECTS, UH, OUR WORKFORCE HOUSING PROJECTS. WE DO NOT SELL THEM. SO, UM, CERTAINLY NOT DURING THE INITIAL COMPLIANCE PERIOD AND THAT'LL, IT LASTS FOR 15 YEARS AT THE BARE MINIMUM. SO WE WILL, UH, WE WILL BE MAINTAINING IT IF THERE'S ANY ISSUES, EVERYONE. UH, I ALWAYS GIVE MY NUMBER OUT TO STAFF. EVERYONE KNOWS THAT WE CAN IMMEDIATELY BE RESPONSIVE. AND THAT'S OUR GOAL AND EXPECTATION WITH BOTH KYLE DACEY LANE AND WITH THIS PARTICULAR DEVELOPMENT AS WELL. UH, AGAIN ABOUT OUR HISTORY, WE HAVE DEVELOPED OVER 18,000 UNITS IN THE STATE OF TEXAS. UH, WE ARE RANKED, UM, THE NUMBER TWO DEVELOPER IN TERMS OF AFFORDABLE HOUSING, NUMBER THREE, BUILDER, NUMBER FIVE DEVELOPER OVERALL NATIONWIDE. UM, AND WE, I CAN GO SPECIFICALLY THIS DEVELOPMENT TO MAKE THIS THING SHORT, BUT OUR HOME OFFICE IS IN SAN ANTONIO. SO WE ARE CLOSE BY, UH, AGAIN, THE SITE LOCATION IS Y'ALL ARE FAMILIAR WITH IT THROUGH STAFF. THIS IS A REGIONAL NODE DIRECTLY NORTH OF THE SUPER REGIONAL NODE. WE THOUGHT IT WOULD BE THE HIGHEST AND BEST USE TO ACTIVATE TO THE STRIP ALONG THE FRONT. UM, WITH, AS, AS HOWARD HAD SAID, AND HOW STAFF HAD SAID, UH, WITH THE REGIONAL NODE APPROVED USES, LOOKING AT SIT-DOWN RESTAURANTS AND STRIP CENTERS, AND WHAT WE'VE NOTICED IN THE PAST, EVEN THOUGH IT IS A TIRED EUPHEMISM THAT PEOPLE SAY ROOFTOP BRINGS COMMERCIAL. IT'S NOT ALWAYS THE CASE, BUT IT IS, BUT IT IS THE CASE IN, IN CERTAIN CIRCUMSTANCES. AND WE BELIEVE THAT THIS WOULD BE IT, UH, ESPECIALLY WITH THE AMOUNT DRIVING IT TOWARDS THE AREA. IT SEEMS TO BE A WHOLLY APPROPRIATE USE, UM, BEYOND, UH, KYLE MARKETPLACE WITH THE BIG BOX RETAIL AND THEN LENDING ITS WAY INTO HIGHER DENSITY AND THEN LENDING IT'S WAY FURTHER DOWN IN DENSITY AS IT WORKS ITS WAY INTO THE NEIGHBORHOODS. SO ULTIMATELY WE HAVE UNDER, WE HAVE, WE HAVE NEGOTIATING UNDER CONTRACT, THE MIDDLE CONTRACT AT THE MIDDLE SITE IN PLAY. THE BACKSIDE IS ALSO UNDER NEGOTIATION WITH SUNRISE, WITH A DIFFERENT DEVELOPER LOOKING ALSO TO DEVELOP MULTI-FAMILY. MY UNDERSTANDING IS THAT WE ARE GOING TO DO A COMBINATION OF MARKET RATE AND WORKFORCE HOUSING. SO WE'LL GET A TRUE MIXED INCOME COMMUNITY, UH, TO ACTIVATE THAT RETAIL THERE. AND THEN IN GENERAL FOR THE CITY OF KYLE AS WELL, UM, THIS IS 3,700 DACEY. SO WE WOULD CERTAINLY INVITE YOU ALL TO COME TAKE A LOOK, IF YOU HAVEN'T ALREADY, THOSE ARE ACTUAL PHOTOS OF THE INSIDE. UM, AND YOU KNOW THAT THE GRANITE COUNTERTOPS AND THE HARDWOOD FLOORING AND THE LUXURY POOL IT'S, IT'S VERY NICE. AND SO WE'VE HAD A LOT OF NOTHING SO FAR OF COMP, BUT COMPLIMENTS ON THE AREA AND WE EXPECT TO HAVE OUR GRAND OPENING SHORTLY. WE'D LOVE TO SEE ALL THEIR, A BIT, A BIT ABOUT THE ACTUAL DEVELOPMENT ITSELF. UM, THE BUSINESS CENTER, I COULD JUST READ THIS DOWN HEALTH AND FITNESS CHILDREN'S ACTIVITY ROOM, WHICH IS ON THE RIGHT THERE. THAT'S ONE OF MY FAVORITE ROOMS. I'LL GET TO THAT IN A MINUTE. UH, LAUNDRY FACILITIES, CHILDREN'S PLAYGROUND SWIMMING POOL, AS I HAD SAID, BUT WHAT THAT ROOM ENTITLES FOR IS WHAT'S REALLY NEAT IS ALL THE RESIDENTS CAN STAY AT NO ADDITIONAL CHARGE TO THEM. THEY CAN, UH, PUT THEIR CHILDREN IN THE HOMEWORK FIRST PROGRAM, WHICH SO AFTER SCHOOL, WE ALWAYS HAVE A, UM, WE HAVE A HOMEWORK FIRST PROGRAM BASICALLY. AND WHAT IT IS IS A PLACE FOR THE KIDS TO GET TOGETHER, DO THEIR HOMEWORK. WE'VE NOTICED A WHOLE LETTER GRADE IMPROVEMENT AND OUR PROGRAMS IN SAN MARCUS FOR THE KIDS THAT TAKE, UH, TAKE PRACTICE IN IT. BUT IT'S ALSO GOOD AS A PARENT. I'M A PARENT OF THREE BOYS, AND I KNOW THAT I DON'T GET HOME ALWAYS WHEN SCHOOL LETS OUT. AND SO TO BE ABLE TO KNOW WHEN I'M, IF I'M A WORKING FAMILY, WHEN I WANT TO GET HOME WHERE MY, WHERE MY CHILDREN ARE GOING TO BE, IF THEY'RE IN A SAFE SPOT, IF THEY'RE GOING TO BE WATCHED, IF THEY'RE GOING TO BE MAKING FRIENDS, IT GIVES ME SOME COMFORT AND THAT'S BEEN OUR BEST SELLING PROGRAM, BUT THAT'S NOT ALL WE DO. WE ALSO DO IT OVER THE SUMMER. WE TAKE FIELD, WE GO TO THE CAPITOL, DO MOCK LEGISLATION. WE DO COMPUTER TRAINING, FINANCIAL LITERACY TRAINING. AND THEN WE DO ALSO TRAINING FOR PARENTS TO A FIRST TIME HOME BUYER PROGRAMS, ENGLISH AS A SECOND LANGUAGE VETERAN BENEFITS, WHERE, WHERE IT'S APPLICABLE. WE BASICALLY, UH, GATHER INFORMATION FROM OUR RESIDENTS, FIND OUT WHAT'S THE HIGHEST AND BEST USE FOR THE RESIDENT SERVICES AND THEN PUT THAT INTO THE PROGRAM. BUT THE HOMEWORK FIRST PROGRAMS THAT THAT'S ALWAYS THERE, I, THAT'S NOT, THAT'S NOT OPTIONAL. WE ALWAYS DO THAT. ONE'S MY FAVORITE, UM, A LITTLE BIT ABOUT WHEN WE SAY WORKFORCE HOUSING, WHAT THAT IS. I KNOW THAT THIS IS ALSO KIND OF A, MORE OF A QUESTION FOR COUNCIL TO, TO A CERTAIN EXTENT, BUT I WANTED Y'ALL TO KNOW KIND OF THAT, THAT IT'S, THAT IT'S ALREADY HAS A PLAN FOR THAT MULTI-TIERED PROGRAM. SO WHEN YOU'RE LOOKING AT IT, WE REALLY ARE, WE'RE NOT JUST PIE IN THE SKY. WE ARE REALLY ARE LOOKING AT ACTIVATING THAT COMMERCIAL AND BRINGING UP THE TAX BASE, THEN BRINGING THE WORKFORCE, THEN BRINGING THE THIRD LAYER OF, OF, OF THE MARKET RATE, WHICH WILL PROBABLY HAPPEN AT THE SAME TIME THAT WE'RE, UH, WE'RE APPLYING AS WELL. UH, AND WHO WE'RE SERVING ARE THOSE WHO ARE MAKING, UH, BETWEEN 50 AND 70% OF AREA MEDIAN INCOME. SO IF YOU LOOK AT THE SALARIES RIGHT THERE AND WE'RE PROVING IT OUT NOW IN KYLE DACEY TOO, SO WE'RE PROVING IT OUT THAT WE'RE GETTING A LOT OF TEACHERS THAT ARE APPLYING, UM, AND FIRST RESPONDERS, UH, EVEN YOUR, YOUR, YOUR EVERYDAY [00:25:01] HEROES, SUCH AS YOUR, THAT WE FOUND UNDER THE PANDEMIC, YOUR GROCERY STORE WORKERS, WAITERS, WAITRESSES, A LOT OF PEOPLE THAT ARE GOING TO BE WORKING IN THAT RETAIL, BOTH IN THE SUPERNODE AND THEN BOTH IN THE RETAIL DIRECTLY IN FRONT OF IT. SO A LOT OF THOSE JOBS THAT ARE IN THE SERVICE AND HOSPITALITY INDUSTRY AND IN THE MEDICAL INDUSTRY, THAT'S, IT'S, IT SEEMED LIKE JUST A REALLY GOOD LOCATION TO BE ABLE TO HELP THEM, UH, AND HAVE SOMETHING THAT'S FRANKLY, WALKING DISTANCE AWAY. LASTLY, UM, JUST ANY QUESTIONS FOR ME OR FOR STAFF? UH, I WON'T SPEAK FOR STAFF, BUT FOR ME, CERTAINLY, UH, AGAIN, MY NAME IS JASON AND I'M HERE FOR ANY QUESTIONS THAT Y'ALL MIGHT HAVE ANY QUESTIONS GO, UM, ON YOUR WORKFORCE HOUSING. SO THERE IS A LIMIT TO WHAT PEOPLE CAN EARN. SO THERE'S AN EARNING CAP. THEY, THEY CAN NOT MARKET HOUSING. PEOPLE CAN NOT MOVE INTO THE WORKFORCE HOUSING, AND THAT IS WHY WE'RE DOING THE MARKET. THAT'S WHY THE SUNRISE VILLAGE IS PLANNING ON DOING THE MARKET HOUSING BEHIND IT. AND AGAIN, THIS IS CONCEPTUAL RIGHT NOW. WE, AS I HAD SAID EARLIER, WE'RE CURRENTLY NEGOTIATING. THERE'S STILL A LOT OF STEPS THAT HAVE TO GO INTO THE PROCESS WITH, WITH, WITH CITY COUNCIL, AS A APPROVED, EVEN IF THE ZONING WAS APPROVED TO DO WORKFORCE HOUSING, THEY WOULD STILL NEED TO APPROVE A RESOLUTION OF NO OBJECTION. SO THERE'S A, IT'S A MULTI-STEP PROCESS THAT IS NOT IMMEDIATELY ALLOWED, BUT YES, TENSION IS TO HAVE INCOME RESTRICTIONS. YES, ABSOLUTELY. FOR THE MIDDLE, THE MIDDLE TRACT, OUR INTENTIONS TO HAVE INCOME RESTRICTIONS UP TO, AS YOU SEE THERE FOR A FAMILY OF FOUR MAKING 69,230, AND IT'S VARIABLE BY YEAR. SOUNDS GOOD. ANYTHING ELSE? WELL, THANK YOU VERY MUCH, JASON. OKAY. CAN I HAVE A MOTION, MADAM CHAIR? I MAKE A MOTION THAT WE APPROVE IT AS PRESENTED. WHICH ITEM IS THAT? THAT WE'RE APPROVING. LET ME OPEN UP THIS AGAIN. THAT'S ITEM B SUNRISE VILLAGE INVESTMENTS. YEP. YEAH. ITEM B ITEM SIX. THANK YOU. I HAVE A MOTION ON THE FLOOR. CAN I HAVE A SECOND? I HAVE A MOTION AND A SECOND. ANY DISCUSSION ON THIS ITEM? YES. OKAY. UM, I ACTUALLY, ONE MORE QUESTION FOR STAFF, UH, THIS WOULD FALL INTO THE OVERLAY, CORRECT. JUST OKAY. BECAUSE TH TH THAT WAS A VERY NICE PRESENTATION AND, AND, YOU KNOW, IT'S REALLY NICE THAT THEY COME AND THEY GIVE US AS MUCH INFORMATION AS I CAN, BUT THIS IS STILL JUST THE ZONING. SO IF, IF FOR WHATEVER REASON, THIS DOES NOT WORK, YOU KNOW, WE, WE HAVE THE ZONING GETS APPROVED AND THIS PROJECT HERE DOES NOT WORK OUT. IT'S STILL GOING TO BE ZONED THE WAY WE'RE ZONING IT HERE. YES. SO YOU HAVE TO THINK OF IT AS WHAT COULD BE BUILT THERE, BUT IT IS THE I 35 OVERLAY, YOU KNOW, NO MATTER WHAT'S GOING TO BE THERE, IT WILL BE HELD TO A GOOD STANDARD. UM, AND RELEASE STANDARDS ARE NOT APPLICABLE. THE RESIDENTIAL USES ARE APPLICABLE TO COMMERCIAL AND MIXED USE. OKAY. AND RESIDENTIAL AS A FUNCTION OF MIXED USE IS CONSIDERED COMMERCIAL, BUT STANDALONE RESIDENTIAL USES ARE ON THEIR OWN. OKAY. THANK YOU FOR THE CLARIFICATION. SO, UM, JUST SOMETHING THAT I WANT FOR ALL OF US TO KEEP IN MIND THAT WHAT, WHAT WE'RE REALLY CONSIDERING NOW IS THE ACTUAL ZONING. SO ARE, WOULD YOU WANT TO CHANGE THIS FROM RETAIL SERVICES TO PARTIAL RETAIL SERVICES? PARTIAL ARE THREE, THREE, RIGHT. UM, AND, AND, BUT YES, I'M VERY, VERY THANKFUL FOR THE PRESENTATION. IT'S GOOD TO SEE WHAT, WHAT POSSIBLY COULD BE THERE, BUT WHAT WE'RE VOTING ON NOW IS JUST THE ZONING AND QUESTION HOWARD. SO WOULD THIS BE CONSIDERED MIXED JUICE? WE CONSIDER MIXED USE TO BE DIFFERENT USES IN THE SAME STRUCTURE. WE WOULD CONSIDER THIS TO BE MULTI-USE, WHICH HAS DIFFERENT USES IN DIFFERENT STRUCTURES. OKAY. THANK YOU. NO. OKAY. ALL THOSE IN FAVOR, SAY, AYE. AYE. OPPOSED. MOTION CARRIES [C.   Consider a request by LD Enterprises, LLC (Z-21-0084) to assign original zoning and rezone approximately 11.08 total acres of land from Agriculture 'AG' (.023-Acres) and Single Family 'R-1' (10.85-Acres) to Single Family Residential-3 'R-1-3' for property located between Scott Street and the 800 block of South Sledge Street, in Hays County, Texas.   Public Hearing Recommendation to City Council ] ITEM SIX C. CONSIDER A REQUEST BY L D ENTERPRISES, LLC, Z 21 ZERO ZERO EIGHT FOUR TO ASSIGN ORIGINAL ZONING AND REZONE, APPROXIMATELY 11.08. TOTAL ACRES OF LAND FROM AGRICULTURE AIG 0.02, THREE ACRES AND SINGLE FAMILY ARE ONE 10.8, FIVE ACRES TO SINGLE FAMILY. RESIDENTIAL. OUR RESIDENTIAL THREE ARE ONE-THREE FOR PROPERTY LOCATED BETWEEN SCOTT STREET AND THE 800 BLOCK OF SOUTH SLUDGE [00:30:01] STREET IN HAYS COUNTY, TEXAS. THIS ITEM HAS A PUBLIC HEARING. IS THERE ANYONE HERE TO SPEAK FOR ITEM SIX? SEEN MATTER OF FACT, YES. I HAVE A PAPER HERE FOR ROSE COROLLAS COURT ORTIZ. HI, YOU CAN TAKE, YES. SAY YOUR NAME PLEASE. OKAY. MY NAME IS ROSE AND I LIVE AT SEVEN OH FIVE SOUTH SLEDGE STREET, AND I WALKED BY THIS PROPERTY ALL THE TIME. EVERY MORNING, I DO MY MORNING WALK AND I'M JUST REALLY SAD THAT THEY WANT TO CHANGE THE ZONING, UM, TO BUILD MORE, UM, HOUSES THERE, DISPLACE THIS AREA WHERE THEY WANT TO BUILD THESE HOUSES. UM, IT TENDS TO FLOOD, AND I DON'T KNOW IF THE BUYER OR THE AGENTS KNOW THIS, BUT, UM, IT TENDS TO FLOOD. AND I JUST WANT TO KNOW WHY THEY WANT TO CHANGE THE AGRICULTURAL ZONING TO MORE RESIDENTIAL ZONING. AND, UM, ARE THEY ALLOWED TO ANSWER MY QUESTIONS OR WILL THEY ANSWER THEM LATER? OR HOW DOES THIS WORK? THEY'LL, THEY'LL ANSWER THEM LATER THEN. THEY'RE NOT ALLOWED TO ANSWER THEM RIGHT NOW. OKAY. AND, UM, LIKE, UM, THESE, UH, RESIDENCES THAT THEY'RE PLANNING ON BUILDING, UM, I MEAN, UM, ALL THESE HOUSES THAT ARE GOING UP AROUND HERE ARE VERY EXPENSIVE. AND, UM, THE PEOPLE HERE IN KYLE CAN'T SEEM TO BUY A HOUSE WHERE THEY GREW UP, BECAUSE ALL THESE HOUSES THAT THESE BUILDERS ARE MAKING ARE SO EXPENSIVE THAT, UM, I KNOW BECAUSE WE HAVE, UM, WE HAVE SIX KIDS AND NONE OF OUR KIDS ARE ABLE TO AFFORD A HOUSE ANYWHERE IN KYLE, THROUGH HER BUYING, HAVING TO LOOK IN, UH, NEW BRAUNFELS. UM, DO YOU KNOW, IN OTHER PLACES SO FAR AWAY FROM WHERE THEY GREW UP AND, UM, YOU KNOW, THESE, UM, HOUSES, UM, THEY'RE JUST, UM, ATTRACTING PEOPLE FROM CALIFORNIA AND NEW YORK AND PEOPLE WHO COME TO KYLE OR LOOK IT UP AND, UM, THINK, WELL, THIS IS, UM, YOU KNOW, UH, THREE, $400,000 HOUSE THAT'S PRETTY AFFORDABLE FOR US, BUT NOT FOR THE PEOPLE THAT ARE, HAVE GROWN HERE IN KYLE. AND SO IT'S JUST REALLY SAD THAT ALL THESE DEVELOPMENTS ARE GEARED FOR PEOPLE THAT DID NOT GROW UP HERE, THAT IT NOT WERE BORN HERE, YOU KNOW? AND, UM, AND THAT'S JUST WHAT I'M TOTALLY AGAINST THAT. UM, YOU KNOW, AND ALSO I VOTED FOR THESE PROPOSITIONS, UM, THAT WERE, UM, ON THE BALLOT IN 2020 THAT, UM, YOU KNOW, FOR MAKING GREEN SPACES IN HAYES COUNTY. AND, UM, BUT THAT DOESN'T SEEM TO BE HAPPENING. IT'S ALL JUST SUBDIVISIONS, SUBDIVISIONS, SUBDIVISIONS, APARTMENTS, APARTMENTS, APARTMENTS, AND, UM, YOU KNOW, IT'S JUST REALLY SAD. WHAT'S HAPPENING TO CALL UP IN HERE FOR 37 YEARS, I BOUGHT MY HOME THROUGH THE FARMERS HOME ADMINISTRATION. THEY WERE GIVING OUT LOANS TO PEOPLE FROM, UM, UH, LOW INCOME, LOW INCOME PEOPLE. AND THEY WERE TRYING TO BUILD UP KYLE, WHICH AT THE TIME WAS, UM, 2000 AND UNDER, UM, INHABITANTS. SO I WAS ABLE TO BUY MY HOME THROUGH THE FARMERS HOME ADMINISTRATION. AND I'M VERY PROUD THAT I'VE PAID IT OFF, BUT NOW I SEE MY KIDS, THEY CAN'T AFFORD ANYTHING. MY DAUGHTER, UM, JUST HAD TO MOVE OUT OF HER APARTMENT AT TWO, BECAUSE HER RENT WAS UP TO $1,500. AND, YOU KNOW, SHE, SHE CAN'T DATE HER AND HER FAMILY CAN'T FIND A PLACE TO LIVE. CAN'T FIND A PLACE TO BUY BECAUSE EVERYTHING IS JUST, UM, GEARED FOR OUTSIDERS THAT COME AND THINK, OH, WOW, CENTRAL TEXAS. IT'S SO CHEAP TO LIVE HERE. AND IT'S THE SAME THING THAT'S HAPPENING IN AUSTIN, GENTRIFICATION, EVERYBODY LIKE ME, I'M ABOUT TO RETIRE IN ABOUT A YEAR AND I'M REALLY, AND ALL THIS DEVELOPMENT DOESN'T HELP B MY TAXES KEEP GOING UP IN ABOUT A YEAR. I'M PLANNING TO RETIRE. AND I'M REALLY AFRAID THAT I WON'T BE ABLE TO PAY MY OWN TAXES AND I'M GOING TO HAVE TO MOVE OUT OF KYLE'S. SO I'M TOTALLY AGAINST ALL THIS DEVELOPMENT. AND I KNOW IT'S BRINGS MONEY INTO KYLE, BUT IT'S LIKE, WHEN DO YOU STOP? WHEN DO YOU THINK ABOUT THE PEOPLE THAT ACTUALLY LIVE HERE GREW UP HERE, WERE MOURNING HERE, YOU KNOW, NO, LET'S JUST BRING IN ALL THESE RICH PEOPLE FROM OTHER PLACES, YOU KNOW, AND IT'S LIKE, IT'S JUST REALLY SAD, BUT [00:35:01] ANYWAY, THAT'S, I JUST WANTED TO THROW THAT OUT THERE. THANK YOU. THANK YOU VERY MUCH. IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS ITEM? I HAVE ONE, UM, COMMENT THAT WAS SENT IN, UH, FROM, UH, DAVID WILEY. HE LIVES ON JANE MARY'S LANE AND HE SAYS HE IS NOT IN FAVOR OF THIS ITEM. HE, UH, I LIVE NEXT DOOR TO THIS. I DON'T WANT TWO STORY HOUSES BEHIND ME. THAT'S OFF SIZE SEEING NO ONE ELSE FOR THE PUBLIC HEARING. I WILL CLOSE THE PUBLIC HEARING. MR. ATKINSON. ALL RIGHT. UH, WE'LL ACT SOON FOR THE RECORD BEFORE YOU HAVE PETITIONED NUMBER. UH UM, THIS IS, UH, THIS IS A 11 ACRE PROPERTY. THAT'S A WEDGE BETWEEN SCOTT STREET AND, UH, SOUTH SIDE STREET, JUST NORTH AND ADJACENT TO, UH, OF THE BRADFORD MEADOWS SUBDIVISION. YOU CAN SEE, UM, RIGHT HERE, OUTLINED IN YELLOW, BOTH OF THOSE PARCELS PUT TOGETHER. UM, THERE, THEY WANTED A REASON FROM TO AND AGRICULTURE TO OUR ONE THREE. UH, THERE'S ABOUT, ABOUT A QUARTER ACRE IN THE FAR WEST CORNER, UP AGAINST SCOTT STREET THAT IS OWNED AG AND THE REST OF THE ZONE FOR SINGLE FAMILY RESIDENTIAL, UH, RIGHT AS WE SPEAK, UH, THE LOTS ARE IMPLANTED AND YOU CAN SEE RIGHT HERE, YOU GOT THE ZONING OF IT. UM, THEY ARE ONE ZONING DISTRICT IS A DISTRICT THAT WAS CREATED IN 1978 WITH ORDINANCE NUMBER 92. AND IT WAS THE ORIGINAL SINGLE-FAMILY DETACHED ZONING DISTRICT WITHIN THE CITY OF KYLE. UM, THIS I AND OTHERS, LIKE IT ARE ZONED R ONE CURRENTLY, BUT FOR FUTURE REFERENCE, ONE CANNOT REZONE TO R ONE. THOSE EXISTING CAN STAY IF THEY WANT, BUT YOU CAN ZOOM INTO IT. BUT WE HAVE A MORE MODERN DAY STANDARDS STARTING IN 2003, WHICH INCLUDED OUR ONE-THREE. UM, THE, THE BIGGEST DIFFERENCE IS THE REASON WHY THEY'RE WANTING TO RESOLVE PHONE, UM, OR THE REASON WHY STAFF IS ALSO SUPPORTED THE REZONING IS BECAUSE RIGHT NOW THE MAJORITY OF THE PROPERTY THEY CAN RE THEY CAN DO R ONE R ONE ACTUALLY HAS A HIGHER DENSITY PER BUILDABLE, ACRE BUILT INTO IT AS, AS IT CURRENTLY STANDS. AND THERE'S ACTUALLY LESS RESTRICTIONS BECAUSE IT WAS, IT'S A FAR OLDER, UM, ZONING DISTRICT. UM, THERE'S NO MINIMUM HOUSING SIZE, UH, THEY'RE NOT REQUIRED TO HAVE GARAGES. THERE'S NO IMPERVIOUS COVER IN IT, UM, BUILT INTO THE OLD ARWEN DISTRICT. UM, AND BECAUSE OF THAT, STAFF IS FAR MORE SUPPORTIVE OF GETTING OF REZONED BECAUSE IT'S ACTUALLY GOING TO LOWER THE NET YIELD LIKELY ON HOW MANY HOUSES CAN BE BUILT ON SITE. UM, THERE'S AN IMPERVIOUS IMPERVIOUS COVER MAXIMUM. UM, THEY NEED A LOT MORE CONTROLS THAT THE CITY OF KYLE COULD SAY, WELL, YOU HAVE TO DO THIS. AND BECAUSE OF THAT, IT WILL, IT CAN BE A BETTER, UM, SUBDIVISION THAT WOULD BE BUILT OTHERWISE WHAT THE R ONE DISTRICT IT IS IN THE HISTORIC CORE AREA TRANSITION. UM, IT IS, UM, RECOMMENDED WITHIN THIS AREA. IT'S, IT'S THE MODERN DAY EQUIVALENT OF WHAT'S RIGHT NEXT THERE, RIGHT NEXT TO BRADFORD MEADOWS AT JUST WITH LESSER DENSITY, IF YOU WILL. UH, WE HAVE A CHART RIGHT HERE SHOWING, UM, THE SETBACKS AND THE MINIMUM, UM, LOT OF HURRIA AND WHAT HAVE YOU, THEY WILL BE REQUIRED TO HAVE LARGER LOTS BY DEFAULT. UM, THEY WILL HAVE TO PROVIDE BETTER, UM, MORE PARKING BASED ON HOW MANY BEDROOMS THEY HAVE VERSUS THE OLDER ONE. UM, SO FROM STAFF'S PERSPECTIVE, IT'S AS CLEARLY IN AN , UM, FROM AN INFRASTRUCTURE STANDPOINT, UM, SCOTT STREET HAS PLENTY OF ACCESS IT'S ADEQUATE. UM, IT WAS REBUILT WITH THE, UM, KB HOME SUBDIVISION RIGHT THERE NEXT TO THE, TO THE LIBRARY, UM, AS WITH ANY PROJECT, UM, THOUGH SOMETIMES ROADS ARE NOT ALWAYS UP TO PAR. SO THERE WILL BE FURTHER DISCUSSION WITH THE DEVELOPER, ASSUMING THIS IS REZONED, UH, UH, REGARDING SOUTH SLEDGE STREET, UH, IN TERMS OF IF THEY NEED TO PAY THE ADJACENT LANE MILE [00:40:01] FEE OR IF THEY NEED TO MAKE IMPROVEMENTS TO IT. UH, BUT THEY WILL BE PUTTING SIDEWALKS ON BOTH IT CAPS OF THE BOTH END CAPS OF THIS PROPERTY. UM, AND THEN WATER AND WASTEWATER WILL ALSO BE PROVIDED BY THE CITY OF KYLE. UM, SO THIS IS NOT INSURMOUNTABLE, UM, THIS, THIS, THIS, UH, AREA, UM, WE ARE AWARE OF THE, UM, THE FLOODWAY. IT'S NOT TECHNICALLY A FLOOD LANE, BUT THE NEW CHANNEL THAT COMES OUT OF SCOTT STREET AND IT GOES SOUTH AND CROSSES UNDER SLEDGE STREET, AND THEY WILL HAVE TO DESIGN IT, UH, TO MEET WHAT'S CALLED ATLAS 14 FROM A SUBDIVISION STANDPOINT, WHICH IS THE RAINFALL TOTALS THAT THEY UPDATED FOLLOWING HURRICANE HARVEY A FEW YEARS BACK. UM, SO ANYTHING THEY DO HERE HAS TO BE CODE COMPLIANT AND THEY, AND THE APPLICANT IS AWARE OF THAT. UH, IT WILL ALSO HAVE TO GO THROUGH THE RESIDENTIAL STYLE GUIDE, UH, REQUIREMENTS FROM A, UH, THE PLANNING ZONING COMMISSION HAS TO SEE IN TERMS OF WHAT AMENITIES THAT'LL BE THERE. UM, SO THERE'S, THERE'S STILL A, THERE'S STILL SOME STUFF THAT NEEDS TO BE WORKED OUT FROM A, FROM A SITE DESIGN STANDPOINT, BUT FROM A, FROM A USE STANDPOINT, THERE'S NOTHING WRONG WITH IT. THEY WANT TO DO, UH, THE SITE ALREADY HAS SINGLE FAMILY RESIDENTIAL AND OUR ONE-THREE, AS I KEEP RESTATING, ALLOWS THE CITY TO HAVE MORE, UH, ADEQUATE CONTROLS FROM A ZONING PERSPECTIVE. UH, SO WE ARE JUST, WE'RE ABSOLUTELY FINE WITH THE ZONING OF IT. UM, AND WE ASK THAT Y'ALL, UH, RECOMMEND APPROVAL OF IT AS WELL. DO Y'ALL HAVE ANY QUESTIONS FOR ME? UH, YES. I'M SORRY. DO YOU HAVE A NUMBERS FOR UNITS PER BUILDABLE ACRE FOR THE TWO FOR OUR ONE, AND THEN YES, IT'S OUR ONE, THE OLD ONE FROM THE ORDNANCE 92 IS A 16 IS FOR BUILDABLE ACRE. AND THEN OUR ONE-THREE IS 5.5 MAXIMUM. OKAY. THANK YOU. BUT IN REALITY, IT NEVER GETS OUT, UH, BECAUSE YOU HAVE TO ACCOUNT FOR STREETS BEING BUILT AND WHAT HAVE YOU. AND SO USUALLY IN THE, IN SOMEWHERE IN THE THREE UNITS PER BILLABLE ACRE RANGE TYPICALLY, WELL, I HAVE A QUESTION IN EFFECT FOR THIS ZONE. IT'S ALREADY ZONED R ONE, THE OLD ARWAN. AND WHAT WE'RE, WHAT YOU'RE ASKING IS THAT IT'D BE REZONED R ONE THREE, THE UPGRADED, OR THE, THE MODERNIZED, THE CHANGED, UH, ZONING. SO IT ALREADY HAD THAT, UM, USE THAT IT WAS GOING TO BE USED FOR RESIDENTIAL. WE'RE JUST CHANGING THE QUALITY OF THE RESIDENTIAL ZONING ON IT. IS THAT WHAT WE'RE DOING? YES. WE JUST, I MEAN, IT'S MOSTLY ABOUT SETBACKS. HONESTLY, THE SETBACKS ARE A LITTLE TIGHTER. THEY'RE A LITTLE LESS RESTRICTIVE AND THE NEWER ONES ARE ONE, THREE, THE OLDER ONES, YOU KNOW, HAD A LITTLE BIT GREATER SETBACKS. OKAY. THAT'S THAT? THAT'S THE CHIEF DIFFERENCE BETWEEN THE TWO. ALL RIGHT. THANKS. ANYONE ELSE HAVE ANY QUESTIONS FOR MR. ATKINSON SEEING NO QUESTIONS? I AM GOING TO LOOK FOR A MOTION. YES. I MOVE THAT. WE APPROVE ITEM SIX. C I HAVE A MOTION. CAN I HAVE A SECOND, SECOND? I HAVE EMOTION IN A SECOND. ANY DISCUSSION? ALL THOSE IN FAVOR. OH, SORRY. SORRY. THANK YOU. UH, YES. SO, YEAH, FOR, UH, FROM WHAT WE'VE BEEN ALWAYS SEEN HERE, THAT GOING DOWN IN UNITS PER BILLABLE ACRE FROM SIX TO 5.5 AND HAVING MORE MODERNIZED IT'S TH THE SPACE MAY BE A GREEN SPACE CURRENTLY, BUT IT IS ZONED TO HAVE RESIDENCES ON IT. SO, UM, THEY CAN BUILD THEIR, JUST LIKE THE PROPERTIES NEXT DOOR THAT DO HAVE BUILDINGS COULD BUILD, UM, IT JUST, WHAT DO WE WANT, DO WE WANT THEM TO BUILD UNDER THE RULES OR UNDER THE MORE MODERNIZED OUR ONE-THREE AND, UM, YES. I DEFINITELY UNDERSTAND THAT THE ISSUES WITH THE ROADS ISSUES WITH OTHER THINGS, BUT IF WE ARE GOING TO BUILD THERE, I WOULD PERSONALLY, I AM SUPPORTIVE OF THIS BECAUSE I WOULD PREFER THEY BUILD UNDER OUR ONE-THREE INSTEAD OF UNDER OUR ONE. YEAH, I AGREE WITH YOU. OKAY. ALL THOSE IN FAVOR, SAY, AYE. AYE. OPPOSED MOTION CARRIES ITEM SEVEN, CAN SEVEN CONSIDER IMPOSSIBLE ACTION. [A.   Limestone Creek Subdivision - Residential Style Guide (SUB-21-0173) 179.278 acres; 487 single family lots, 2 commercial lots, 7 townhome lots, 4 open space lots, 1 amenity center and 5 detention ponds/open space lots for property located off of E. Post Road, just north of Quail Ridge Subdivision.   Public Hearing ] SEVEN A LIMESTONE CREEK SUBDIVISION, RESIDENTIAL STYLE GUIDE SUV 21 DASH ZERO ONE SEVEN THREE 179.278 ACRES 487, SINGLE FAMILY, LOTS, TWO COMMERCIAL, LOTS, SEVEN [00:45:01] TOWNHOME LOCKS FOR SPACE, OPEN SPACE SLOTS, ONE AMENITY CENTER, AND FIVE DETENTION PONDS SLASH OPEN SPACE. LOTS FOR PROPERTY LOCATED OFF EAST POST ROAD, JUST NORTH OF QUAIL RIDGE SUBDIVISION. THIS ITEM HAS A PUBLIC HEARING. IS ANYBODY HERE TO SPEAK FOR? I WILL OPEN THE PUBLIC HEARING. IS ANYBODY HERE TO SPEAK FOR ITEM SEVEN, A SEEING TILL ONE, I WILL CLOSE THE PUBLIC HEARING. MR. ATKINSON. THANK YOU. WILL I CAN SEND FOR THE RECORD, UH, BEFORE YOU, WE HAVE, UM, A LOT OF THE RESIDENTIAL STYLE GUIDE CONSIDERATION IN PUBLIC HEARING FOR THE LIMESTONE CREEK SUBDIVISION. UM, ALL, UH, LET ME PULL UP. CAN YOU ALL SEE THE LAYOUT THAT I HAVE PULLED UP ON THE SCREEN BY CHANCE? YES. OKAY. SO THIS IS, UH, I DON'T REMEMBER IT WAS EARLY THIS YEAR, LATE LAST YEAR. UM, THE CITY CONSIDERED AND ALLOWED THE REZONING OF WHAT'S CALLED THE SPOON REFERRED TO AS A SPOONER TRACKS, JUST NORTH OF THE QUAIL RIDGE, UM, MANUFACTURED HOME SUBDIVISION, UH, TO THE SOUTH HERE, ALONG THE PLAN SOUTH HERE AND ALSO SOUTH, UM, IN REALITY. AND, UM, SO THERE'S COMMUNITY COMMERCIAL, THAT'S REZONED, UH, THE SMALLER LOTS OVER IN THE NORTHWEST CORNER OF TOWNHOMES AS ARE THE ONES IN THE MIDDLE HERE, RIGHT NEXT TO THE COMMUNITY COMMERCIAL AND SOUTH OF WATER SYMBOL OF ART. UM, AND THIS MAY BE THE FIRST, UH, RESIDENTIAL STYLE GUIDE, UM, ITEM UNDER CONSIDERATION FOR OUR NEW, UM, PLANNING AND ZONING COMMISSION MEMBERS. UH, BUT WHAT WE DO HERE IS WHENEVER SOMEONE SUBMITS A PRELIMINARY PLAN OR, YOU KNOW, THEIR FIRST PLANS FOR A SUBDIVISION IS WE HAVE A REQUIREMENT THAT BEFORE THEY CAN APPROVE THE CONCEPT OR PRELIMINARY PLAN PLAN, THERE NEEDS TO BE A PUBLIC HEARING BASED ON AMENITIES, UH, OUTLINED IN CHAPTER 53 THAT WE HAVE IN THE STAFF REPORT. AND THOSE CAN INCLUDE, UH, THERE THERE'S EIGHT GENERAL BULLET POINTS, IF YOU WILL. UM, THEY DON'T HAVE TO DO ALL OF THEM, BUT WE DO, UM, WORK WITH THE DEVELOPER OR THE CIVIL ENGINEER, TYPICALLY FOR THE DEVELOPER TO MAKE SURE THEY MEET A MAJORITY OF THEM BECAUSE WE WANT PEACE. WE WANT, UM, THE RESIDENCE OF THE NEIGHBORHOOD TO LIVE SOMEWHERE WHERE THEY CAN ENJOY WHETHER IT'S STREET TREES, THEY'VE GOT PLENTY OF POCKET PARKS, A TRAIL SYSTEM, YOU NAME IT THINGS TO MAKE IT BETTER. UM, AND, AND THIS IS, THIS IS WHY WE W THIS IS WHY WE DO THIS. UM, SO LET ME GO BACK TO THE STAFF MEMO, ACTUALLY ONE 53 DASH NINE 30 IS WHERE IT TALKS ABOUT, UM, NEIGHBORHOOD DESIGN. SO I'M JUST GONNA GO DOWN, UH, ONE THROUGH EIGHT. UM, SO THE FIRST ONE IS DESIGNED WITH NATURE, AND THAT IS TO, UM, IF YOU'RE GOING TO BUILD A SUBDIVISION, TRY TO BUILD IT IN THOSE AREAS WHERE YOU'RE LEAST LIKELY TO DISTURB AREAS OF IT, UM, AREAS OF NATURE, NATURAL AREAS. NOW, MIND YOU, THIS IS A CURRENTLY A VERY FLAT, UM, FARM FIELD, IF YOU WILL, AS BEING USED FOR AGRICULTURE. AND SO THERE'S VERY FEW OF THESE NATURAL AREAS, UH, WATERCOURSES, BUT THERE, THERE IS SOME TYPOGRAPHY, A LITTLE BIT TO IT. AND SO IN SOME EXISTING, UM, OVERHEAD UTILITIES, UM, SO THEY ARE, THEY ARE TRYING TO LIMIT DEVELOP OUTSIDE OF THOSE AREAS. THEY'RE NOT REALLY PART OF THE, UM, THE NATURAL WATERCOURSE, BUT THEY ARE TRYING TO DESIGN IT AND, AND, AND STAY OUT OF THOSE AREAS THAT ARE PREEXISTING. NOW, THEY ARE ALSO DOING IMPROVEMENTS, UM, TO JUST NORTH THE QUAIL RIDGE SUBDIVISION TO MAKE SURE THAT, UM, NOTHING FLOWS INTO THE QUAIL RIDGE SUBDIVISION. UM, AND SO THERE IS THAT THEY ARE MAKING THOSE IMPROVEMENTS, SO THEY WILL BE WITH THEIR PLANS. UM, THEY ARE INSTALLING AMENITIES, UH, WITH DUAL PURPOSE. UM, AND WHAT HAVE YOU THERE, THEY'RE PUTTING IN STREET TREES. SO YOU CAN SEE THAT ON THE PLAN, UM, WHICH IS THE PLANNING DEPARTMENT LOVES THAT WE, WE WANT TO HAVE THE SHADED AVENUES WHERE PEOPLE CAN WALK DOWN. UM, AND, AND THE, WE, WE, WHENEVER WE'RE REVIEWING THOSE, UM, THOSE PLANTS TESTS AND THOSE CONSTRUCTION IMPROVEMENTS FOR THE SUBDIVISION, WE MAKE SURE THAT THERE'S ADEQUATE SPACE BETWEEN THE BACK OF CURB AND THE SIDEWALK. SO THERE, THE TREES ARE MINIMIZING BUCKLING OF THE ROAD AND SIDEWALKS AS WELL. UM, THEY ARE DOING, UM, THEY HAVE ALMOST TWO MILES OF OFF STREET TRAILS, AS YOU CAN SEE WITHIN, UM, THAT, [00:50:01] UM, THAT PLAN, AND THAT DOES NOT INCLUDE AN EIGHT FOOT WIDE SIDEWALK ON THE NORTH SIDE OF WATERSTONE BOULEVARD AND A SIX FOOT SIDEWALK THAT THEY'RE REQUIRED TO BUILD ON THE SOUTH SIDE OF WATERSTONE BOULEVARD. AND THESE AREN'T IN AGREEMENT THEY HAVE WITH CITY COUNCIL. SO THEY THERE'S A LOT OF TRAILS. YOU CAN DO A LOT OF, UM, EXERCISE AND WALKING AND WHAT HAVE YOU WITHOUT EVEN GETTING IN YOUR CAR, UM, EXCUSE ME, AGAIN, ENCOURAGE INSTALLATION OF TRAILS AND PASSIVE RECREATION AREAS. UM, THEY'RE DOING IT. THEY HAVE DONE A LOT IN THIS DOESN'T EVEN INCLUDE JUST THE STANDARD SIDEWALKS THEY HAVE TO PUT IN, UM, WITHIN THEIR SUBDIVISION. UM, THEY'VE DONE A PRETTY GOOD JOB OF REDUCING, UH, THE, UH, CUL-DE-SACS, UM, IF NOT FOR THE MASSIVE LCRA OVERHEAD TRANSMISSION LINES, AND THERE'S A GAS LINE EASEMENT GOING THROUGH THERE AS WELL. UH, THERE WOULD HAVE BEEN MORE OPPORTUNITY FOR THAT, BUT THOSE COMPANIES TYPICALLY LIKE THE, THEY DON'T LIKE THEY LIKE TO REDUCE THE AMOUNT OF STREET VEHICULAR STREET CROSSINGS. UM, SO, UM, AND THEY, THEY CAN PRETTY MUCH STOP IT IN ITS TRACKS. UM, IF YOU HAVE TOO MANY, SO, UH, THEY HAVE DONE A DECENT JOB, UH, THAT WHEN I WAS REVIEWING IT, I JUST SAY, HEY, YOU NEED TO ADJUST FOR THIS AND THIS PART RIGHT HERE. AND WHAT HAVE YOU. SO THEY HAVE AT ADDED IT OR ADJUSTED THEIR DESIGN TO WHERE THEY'VE TRIED TO REDUCE IT AS MUCH AS THEY POSSIBLY CAN. OKAY. UM, THEY HAVE MORE THAN 2% OF, UH, THE AREA DEDICATED TO AMENITIES AND AMENITY CENTER AND POCKET PARKS. THERE'S AT LEAST ONE, UM, UH, PLAYGROUND AREA PER QUADRANT, IF YOU WILL, OF THE SITE, UM, THERE, IT'S KIND OF TINY. SO IT'S KINDA HARD TO SEE, UM, MOST OF THE RESIDENTIAL LOTS ARE WITHIN A FOUR MINUTE WALK OR ABOUT 12 TO 1200 TO 1600 LINEAR FEET, UM, FROM, AND THAT'S BASED ON THE ROAD NETWORK, MIND YOU, UH, FROM THOSE POCKET PARKS, UM, THIS TWO TO 3% THAT THEY'RE PUTTING IN THERE, UM, DOES NOT INCLUDE THE TRAIL SYSTEM. SO, AND IT'S NOT SUPPOSED TO, BUT IT ALSO, IF YOU INCLUDE THE TRAIL SYSTEM, THERE'S A LOT MORE GREEN AREA THE THAN JUST THAT AS WELL. AND THEY'RE ALL CONNECTED BY TRAILS AND SIDEWALKS. UM, SO IT'S, THEY DID A LOT, UM, THEY MET FIVE OUT OF EIGHT OF THE RECOMMENDATIONS, SO ABOUT ALMOST 63% AND THEY'VE SUFFICIENTLY, UM, DESIGNED IT APPROPRIATELY. AND WE RECOMMEND APPROVAL OF THE PROPOSED DESIGN. DO Y'ALL HAVE ANY QUESTIONS? SO THE, THE NORTH SIDE OF THIS TRAIL IS THIS, IT LOOKS LIKE THE AREA ABOVE IT IS NOT DEVELOPED. IS THAT CORRECT? THAT IS CORRECT. IT IS STILL A, UM, AGRICULTURE. SO THE WAY THAT THESE TRAILS ARE DESIGNED, IS IT THE INTENT THAT IT WOULD CONTINUE INTO FUTURE DEVELOPMENT IN THAT AREA? THAT'S THE WAY IT'S SHOWN ON THE PLAN. UM, NOW WE DON'T KNOW WHAT'S GOING TO BE DEVELOPED NORTH OF THERE BECAUSE NO ONE'S ASKED US YET IF THEY CAN DEVELOP IT IN ANY SORT OF FASHION, BUT YEAH, I MEAN, THAT'S A PERFECT TO HAVE HAD A PEDESTRIAN TRAIL NETWORK IS IN AN AREA OF EASEMENT BECAUSE IT'S LOW IMPACT. IT'S VERY LINEAR. SO IT PROVIDES A GOOD SPACE FOR WALKING OR HIKING, OR EVEN RIDING YOUR BIKE LONG DISTANCES ON AN OFF STREET NETWORK. SO IN A DEVELOPER CAN DO THAT IF THEY WANT TO TAKE ADVANTAGE OF IT AND WE'LL ENCOURAGE THEM TO AS WELL. YEAH, THAT WAS THE SECOND QUESTION AS THIS IS GOING TO BE, UH, UH, AN ACCESS TO A PUBLIC TRAIL SYSTEM. AT SOME POINT IT MAY NOT BE PUBLIC, UM, PER SE IT, IT, TH THIS WILL BE LIKELY MAINTAINED BY THE HOA WAY. UM, HOWEVER, IT'D BE GOOD POINT TO, TO TIE INTO IF YOU WILL. YEAH. OKAY. THANK YOU. GREAT WORK ON THIS. THIS IS REALLY, REALLY NICE. ONE THING I'M WONDERING, AND ONLY BECAUSE I HEAR FROM QUITE A FEW OF OTHER SUBDIVISIONS, THE AMENITY CENTER, ALL THAT IS WONDERFUL. ARE YOU AT ALL ENCOURAGING DEVELOPERS TO DO, UM, CROSSWALKS THAT ARE MAYBE TEXTURED OR SOMETHING AROUND THE MAJOR PARKS ON THE MAJOR CROSSINGS TO SLOW TRAFFIC? BECAUSE THE AMENITY, YOU KNOW, PARTICULARLY PARKS AND EVERYTHING DRAW KIDS RUNNING ACROSS STREETS. AND WHEN YOU HAVE STRAIGHT STREETS, PEOPLE TEND TO DO MORE SPEED THAN THEY [00:55:01] ACTUALLY SHOULD A NEIGHBORHOOD AND ENCOURAGE THEM TO, BUT PER OUR SUBDIVISION CODE, IT'S NOT A REQUIREMENT. UM, AND SO, BUT I UNDERSTAND YOU'RE SAYING WHETHER IT'S A TEXTURED, UH, AND IT MAKES THE CAR MORE UNCOMFORTABLE WITH DRIVE OVER IT WHENEVER THE RIDE, THE FEEL OF THE CAR, OR EVEN RAISING THE, RAISING THE CROSSWALK TO MAKE IT A TABLE. SO THEY FORCED THEM TO SMART. CAUSE IT'S, IT'S A VERY WIDE SPEED BUMP, IF YOU WILL. UM, I UNDERSTAND THE QUESTION YOU'RE ASKING, BUT IT'S TECHNICALLY NOT IN OUR CODE SOMEDAY. I'D LIKE TO LOOK AT THAT. CAUSE I, WE SEE THAT A LOT OF CAR SPEEDING AROUND PARKS. AND SO JUST DOING THAT CAUSES PEOPLE TO SLOW DOWN BECAUSE THEY KNOW THAT'S GOING TO BE THERE AND SPEED BUMPS ARE NOT POPULAR AND I'M, I'M NOT IN FAVOR OF SPEED BUMPS, BUT SOMETHING JUST SLOW, SLOW THINGS, TRAFFIC CALMING THING. OKAY. SEEING NO ONE ELSE I WILL CALL FOR A MOTION AND I'M CHAIR. YES, I WILL MAKE A MOTION, BUT I DO HAVE POINT OF ORDER. I SEE A AND B ARE THE SAME ITEM, WHICH ONE ARE WE VOTING ON? WE ARE VOTING ON A IT'S THE ONLY ONE I READ. UH, SO I'LL MAKE A MOTION TO APPROVE THEIR RECOMMENDATION AS PRESENTED FOR SEVEN A CAN I HAVE A SECOND, SECOND, THE MOTION IS SECOND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED MOTION CARRIES [B.   Limestone Subdivision - Preliminary Plan (SUB-21-0173) 179.278 acres; 487 single family lots, 2 commercial lots, 7 townhome lots, 4 open space lots, 1 amenity center and 5 detention ponds/open space lots for property located off of E. Post Road, just north of Quail Ridge Subdivision.   Staff Proposal:  Approve ] ITEM SEVEN, B LIMESTONE SUBDIVISION PRELIMINARY PLAN AS YOU BE 21 DASH ZERO ONE SEVEN THREE ONE SEVEN 9.278 ACRES 487, SINGLE FAMILY, LOTS, TWO COMMERCIAL, LOTS, SEVEN TOWNHOME, LOTS FOR OPEN SPACE, LOTS, ONE AMENITY CENTER AND FIVE DETENTION PONDS SLASH OPEN SPACE SLOTS FOR PROPERTY LOCATED OFF EAST POST ROAD, JUST NORTH OF QUAIL RIDGE CEP DIVISION. MR. ATKINSON. THIS IS ESSENTIALLY JUST THE VOTE AFTER THE APPROVAL OF THE PRELIMINARY, UM, OR THE RESIDENTIAL STYLE GUIDE. SO IT'S CODE COMPLIANT. UM, OTHERWISE IT WOULD BE ON THE CONSENT AGENDA, BUT WE HAD TO PROVE THE RESIDENTIAL STYLE GUIDE FIRST. OKAY. OKAY. SO THIS IS JUST FOR THE, UM, PRELIMINARY PLAN THEN. CORRECT. OKAY. CAN I, CAN I HAVE A MOTION? I'M SURE. YEAH. I'M OVER HERE. APPROVE ITEMS. SEVEN B AS WRITTEN. CAN I HAVE A SECOND, SECOND, I HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED. MOTION CARRIES [C.   Consider a request to construct an approximately 2,300 square foot Starbuck’s free standing building located at 22449 IH-35, approximately 200-feet north of the intersection of IH-35 and E FM 150 within the IH-35 overlay district.  (Starbucks Center Street Village - CUP-21-0029) ] SEVEN C CONSIDER A REQUEST TO CONSTRUCT AN APPROXIMATELY 2300 SQUARE FOOT STARBUCKS FREE STANDING BUILDING LOCATED AT 2244 NINE I H 35, APPROXIMATELY 200 FEET NORTH OF THE INTERSECTION OF AGE 35 AND EAST FM ONE-FIFTY WITHIN THE OVERLAY DISTRICT STARBUCKS CENTER STREET VILLAGE CUP 21 DASH ZERO ZERO TWO NINE. MR. ATKINSON, THE FLOOR IS YOURS. WONDERFUL. THANK YOU. ALL RIGHT. SO THIS IS ONE OF THE FIRST THINGS THAT WE'VE DONE THAT DOESN'T HAVE A PUBLIC HEARING TONIGHT, WHICH IS NICE. UM, SO BEFORE YOU, WE HAVE CONDITIONAL USE PERMIT 21 DASH ZERO TWO NINE. AND AS YOU, THEY STATED WERE ALONE, THEY'RE BUILDING APPROXIMATELY A 2300 SQUARE FOOT STARBUCKS, A FREESTANDING BUILDING. UM, UH, IT'S GOING TO CONSIST OF BOTH INDOOR AND DRY DRIVE-THROUGH SERVICE AND EVEN OUTDOOR TO SOME EXTENT, I BELIEVE, UM, WITH MATERIALS CONSISTING OF TWO TYPES OF PORCELAIN TILE, LIGHT, AND DARK GRAY COLOR, AND ALSO SANDBLASTED CONCRETE, WHICH IS LIGHT GRAY COLOR. UH, THEY'RE GOING TO HAVE A APPROPRIATE ARCHITECTURAL FEATURES WITH CANOPIES WINDOWS AND WALNUT ON LIGHTING, SCONCES, COMPLETING THE DESIGN, UH, RIGHT HERE IS A ROUGH OUTLINE OF WHERE THEY'RE GOING. UH, JUST THE SOUTH. YOU CAN SEE THE SEVEN 11 THAT'S EXISTING RIGHT NOW, UM, WITH, UH, [01:00:01] FM OR EAST, F-150 GOING EAST WEST AND THE ACCESS ROAD GOING NORTH. AND IF YOU WERE TO MOVE TO THE WEST, YOU GET TO THE CVS AND THEN EVENTUALLY CITY HALL. NOW THIS IS WITHIN THE 35 OVERLAY DISTRICT, UH, PER SECTION 53 EIGHT NINE NINE. UM, THIS IS THE SECTION THAT WE USE TO ASCERTAIN IF IT'S CODE COMPLIANT FROM AN EXTERIOR AESTHETIC STANDPOINT, UH, WE HAVE A REQUIREMENT, UH, FOR OVER BY DISTRICTS WHERE THEY HAVE TO MEET CERTAIN REQUIREMENTS, ARCHITECTURALLY, UH, CAUSE THE IPT FIVE OVERLAYS OUR FRONT DOOR OF OUR COMMUNITY. AND FROM A COMMERCIAL PERSPECTIVE, WE WANT IT LOOKING NICE. UM, THIS CODE WAS IMPLEMENTED IN NOVEMBER OF 2003 AND WE'VE HAD IT EVER SINCE. UM, AND THE PLANNING, ZONING COMMISSION REVIEWS, THE APPLICANTS AND, UM, SUBMISSIONS, AND, UM, ALSO CONSIDERS THAT AND MAKE SURE THAT IT'S APPROPRIATE FOR THE CITY OF KYLE. UM, IT IS COMPLIANT. IT'S VERY EASY TO SAY THAT, UM, THEY HAVE, UH, IT MEETS ALL THE REQUIREMENTS EITHER TO 35 OR WAY BASED ON MATERIAL TYPES AND COLORS. UM, THIS AESTHETIC VARIETY IS A GOOD IDEA. UM, IT DOESN'T NECESSARILY HAVE TO BE THE RED BRICK, WHITE LIMESTONE, AND WHICH HAS A PREFERENCE BUILT INTO THE CODE. UM, BUT WE'RE FINE. I'VE HAD, UM, IT MEETS AND EXCEEDS REQUIREMENTS, UM, WITH A MINIMUM 90% FORESIGHT AND MASONRY AND, UM, MOST OF IT ALL, I'D PROBABLY ALREADY SEEN IT. I WILL PULL UP THE ELEVATIONS RIGHT HERE. UM, AS YOU CAN SEE, UM, EXCUSE ME AT THE TOP OF PAGE, THIS IS THE FACE THAT THE BUILDING FACES SOUTH. ALL RIGHT, SORRY, FACES NORTH, BUT YOU'RE LOOKING SOUTH AT IT. SO SEVEN 11 AND ME ON THE OTHER SIDE OF THE BUILDING, YOU SEE THE THROUGH WINDOW, UH, YOU GOT THE REAR OF IT, WHICH, UH, FACES TOWARDS THE CREEK FACES EAST. UM, THAT'S THE SECTION IN THE MIDDLE WITH A WINDOWS, UH, SUICIDE, THE FACE OF SEVEN 11. YOU GOT YOUR MAIN ENTRANCE THERE AND THEY GOT A CANOPY ON IT. I MEAN, THIS IS THE FRONT OF IT ON THE, ON THE BOTTOM SIDE, UM, WHICH WOULD BE, YOU'RE LOOKING AT IT FROM AND I'LL PULL IT THE SIDE POINT. IF YOU WANNA SEE, MY APOLOGIES IS A LITTLE BIT BLURRY. UM, BUT LIKE, AND WHERE THAT TABLE IS, WHEREAS IT IS LANDSCAPE PLAN. THAT'S SEVEN 11 IS THERE'S AN EXISTING ACCESS DRIVEWAY, UH, TO THE SOUTH OF THIS PROJECT AND TO THE EAST, WE'LL HAVE A STUB TO THE NORTH FOR THE ADJACENT VACANT PROPERTY. AND THEY'RE GOING TO HAVE THE BUILDING ALMOST TO THE NORTH END, BUT THEY'RE GONNA HAVE A LOT OF STACKING AND CUBIC SPACE FOR THE DRIVE-THRU AND, UM, THEY HAVE THEIR, UM, LANDSCAPING AND ADEQUATE PARKING AS WELL. AND HIS, I RECOMMEND RECOMMENDATION THAT YOU APPROVE IT AS PRESENTED. Y'ALL HAVE ANY QUESTIONS, QUESTIONS. THANK YOU, MR. ATKINSON HEARING NO QUESTIONS. I WILL ASK FOR A MOTION. I'LL TRY THIS AGAIN. MADAM CHAIR. YES. I'D LIKE TO MAKE A MOTION THAT WE APPROVE. ITEM SEVEN C AS WRITTEN. I HAVE A MOTION. CAN I HAVE A SECOND MOTION AND A SECOND, ANY FURTHER DISCUSSION? ANYONE? NO ONE, ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED MOTION CARRIES [D.  Consider a request to construct an approximately 2,700 square foot, free standing restaurant and a drive-thru for property located at 18940 IH-35, approximately 1,400-feet south of the intersection of IH-35 and Kyle Crossing within the IH-35 overlay district. (P. Terry's - CUP-21-0030)] ITEM 70. CONSIDER A REQUEST TO CONSTRUCT AN APPROXIMATELY 2,700 SQUARE FOOT FREE STANDING RESTAURANT AND A DRIVE-THROUGH FOR PROPERTY LOCATED AT ONE EIGHT NINE FOUR ZERO. I AGE 35, APPROXIMATELY 1400 FEET SOUTH OF THE INTERSECTION OF AND KYLE CROSSING WITHIN THE OVERLAY DISTRICT P TERRY'S C U P 21 DASH ZERO ZERO THREE ZERO. MR. ATKINSON. THANK YOU. ALL RIGHT. UM, AS STATED, THIS IS THE CONDITIONAL USE PERMIT, UM, FOR P TERRY'S, THIS IS THE EXACT SAME THING YOU'RE CONSIDERING LIKE YOU DID WITH THE, UH, STARBUCKS THE SAME PROCESS. ANYWAY, WHILE IT'S A DIFFERENT RESTAURANT, OF COURSE, UH, IT'S GOING TO BE APPROXIMATELY 2,700 SQUARE FEET. UM, IT HAS, UM, MATERIALS CONSISTING OF, UM, MIX OF BROWN ROCK, MASONRY LIGHT AND RED LIGHT, WHITE AND RED STUCCO, EXCUSE ME, UM, WOOD AND RED AND GREEN PAINTED STEEL. UM, THIS IS GOING TO BE IN THE, UM, IN THE WHAT'S BEING CONSIDERED THE DRY RIVER DISTRICT SHOPPING CENTER BY ENDEAVOR GROUP. UH, THERE IS CURRENTLY UNDER CONSTRUCTION. UM, IT'S THE AREA BETWEEN, UH, HOME DEPOT [01:05:01] AND EVO, WHICH IS OUR, UM, OUR, UM, OUR CINEMA. UM, SO THIS, THIS IS GOING TO BE MOVING ALONG PRETTY QUICKLY IN TERMS OF THE PROJECT AND WHAT HAVE YOU. OKAY. SO THIS PROPOSED BUILDING MEETS THE INTENT OF THE RETAIL SERVICES, ZONING STANDARDS FOR THE BUILDING SITE WORK. UM, IT MEETS THE INTENT, UM, FOR THE , BUT NOT NECESSARILY THE ARCHITECTURAL DESIGN REQUIREMENTS. UM, THE SPECIFICS ARE LOCATED ON THE ELEVATION SHEETS THAT WHICH WERE IN KUDOS BACK AND MATERIAL. UM, AGAIN, VARIATION IS FINE. UM, BUT SOMETHING I'LL DO NEED TO UNDERSTAND IS THAT THE PERCENTAGES OF THE MASONRY DO NOT MEET THE MINIMUM 90% PER FACE OF THE BUILDING RULE. UM, IT'S ABOUT 75% AND IT INCLUDES THE STUCCO IN THE 75%, WHICH WE USUALLY TRY TO CAP IT ABOUT 10% PER BUILDING. CAUSE IT'S SUPPOSED TO BE A DETAIL TYPE OF USE. UH, WE'RE TRYING NOT TO GO OVERBOARD ON IT NECESSARILY, BUT SOMETIMES OUR CODE IS NOT ENVISION CERTAIN TYPES OF ARCHITECTURAL STYLES. AND THIS STAFF LEAVES IS ONE OF THOSE TIMES. UM, AND THE, AND THE Y'ALL AS A PLANNING AND ZONING COMMISSION DO HAVE THE AUTHORITY TO GRANT A LITTLE BIT OF WIGGLE ROOM IN DESIGN. NOW FROM A DESIGN PERSPECTIVE, IT DOES MEET THE INTENT OF MAKING SURE THE I 35 OVERLAY FROM COMMERCIAL PERSPECTIVE IS BEAUTIFUL AND VERY MUCH PRESENTABLE AS PEOPLE DRIVE THROUGH IT WHERE WE WANT TO SHOWCASE IT. BUT LIKE I SAID, IT DOES NOT NECESSARILY MEAN MEET THOSE STANDARDS FROM THE REQUIREMENTS, BUT THE DESIGN DOES RE UH, PROVIDE A COHESIVE DESIGN. UM, SO THERE'S NOTHING OUTSIDE OF THE CODE. THERE'S NOTHING WRONG WITH IT. UM, SO THAT'S WHY, UM, THERE, WE, WE BROUGHT THIS FORWARD, WE'VE TAKEN IT AS FAR AS WE CAN FROM A STAG VIEW STANDPOINT, AND WE NEED YOUR HELP DECIDING IF Y'ALL FIND THIS APPROPRIATE OR NOT, WE DO, BUT WE DON'T HAVE CONTROL OVER THAT DESIGN. UM, THIS SPECIFIC, EXCUSE ME, THIS SPECIFIC ONE, UH, PLAN SIDE SHE HAS SHOWING THE PERCENTAGES GENERALLY. UM, IT'S NOT AS DETAILED IN THE VISUALS OF IT, BUT IT DOES HAVE A 1950S STYLE DINER KIND OF ERA SOMETHING THAT'S NOT TYPICAL WITHIN THE EITHER OR WITHIN, WITHIN KYLE, BUT IT'S SOMETHING THAT'S VERY ICONIC OF THE P TERRY'S BRAND. AND RIGHT HERE, EXCUSE ME, LET ME MAKE THIS A LITTLE BIT BIGGER. OKAY. UM, WE HAVE THE GENERAL SITE LAYOUT RIGHT HERE. I HAVE 35 TO THE EAST AND THEY HAVE A DOUBLE LANE DRIVE THROUGH HERE IS I'M A VISUAL OR RENDERING OF IT. UH, THE STUCCO IS GOING TO BE THE WHITE ASS, BUT THERE CAN LEAVE YOUR ROOF IF YOU WILL. UH, THEY GOT SOME WOOD BANDING OR RAMP BETWEEN THE GLASS AND THE ROOF, AND THEY GOT THEIR MASON AROUND THE SIDE, IN THE, IN THE REAR ASPECT OF THE BUILDING FROM, UH, THE ROCK STANDPOINT. AGAIN, THEY HAVE THE UM, THE DESIGN SHOWN HERE. WOW. I'M TRYING TO GET IT ZOOMING DOWN TO THE MORE DETAILED SITE LAYOUT. IF MY, THERE WE GO. SO AS YOU CAN SEE, THEY'VE GOT A DRIVE AISLE ON THE EASTERN EDGE OF THE PROPERTY WITH SOME PARKING. UM, YOU GOT THE DRIVE THROUGH GOING THROUGH THERE, SO I'M PARKING RIGHT NEXT TO IT AS WELL. UH, THE PARKING IS NOT INTERFERING WITH THE DRIVE AISLE FOR THE DRIVER, FOR THE TRACTOR. SO THAT'S GOOD. AND THEN I APOLOGIES IF IT'LL LET ME SHOW THE LANDSCAPING. I'LL PULL IT UP TOO. BEAR WITH ME THAT MAY NOT WORK, BUT SUFFICE TO SAY, UM, THE LANDSCAPING IS COMPLIANT WITH OUR CHAPTER 54 CODE. UM, SO THEY DO PROVIDE IS CODE COMPLIANT AND IT WORKS. SO, UM, AGAIN, STAFF BELIEVES THAT WHILE IT'S NOT NECESSARILY COMPLIANT WITH THE THREE TO FIVE OVERLAY REQUIREMENTS, IT IS A GOOD DESIGN AND WE RECOMMEND THAT IT, THAT IT SHOULD BE APPROVED. UH, DO Y'ALL HAVE ANY QUESTIONS? I DO. SO IT'S, I'M NOT SEEING THE SIGN ON THE PLAN UNTIL I GOT TO PAGE 10 [01:10:01] HERE. I'M SEEING PROPOSED PYLON SIGN, REFERENCE, SIGNED PLANS, BUT I'M NOT SEEING THAT IN HERE ANYWHERE. I'M JUST NOT ON THEIR RENDERINGS. YEAH. THE SITE PLANS ARE USUALLY DONE FROM THE BUILDING PERMIT SIDE. OKAY. I DON'T KNOW IF EVERYBODY'S SEEN THEIR SIGN, THE BIG V UM, YOU CAN SEE IT DOWN IN SAN MARCOS. YEAH. I'M NOT THE BIGGEST FAN OF THOSE ON THE ROADWAYS, BUT THAT'S SO THAT'S JUST ME. IF I MAY, THAT THE PYLONS SIGN, WHEN IT'S DESIGNED IT WILL BE CODE COMPLIANT. OKAY. UM, PER OUR CODE AND ANYONE ELSE I GO, I COULDN'T SEE IT VERY WELL ON THE PLAN. HOW MUCH GREEN SPACE ARE THEY CREATING AROUND IT? ON THE SITE? I WILL TAKE A LOOK. UM, GENERALLY THOUGH, UH, THEY HAVE A MAXIMUM AND COURTEOUS COVER OF 80%, UM, FOR THE SITE ITSELF, BUT IT PROBABLY WON'T GET THAT HIGH BECAUSE THERE IS, EVEN THOUGH THERE A LOT GOES TO THE ACCESS ROAD BEHIND IT, UM, THERE'S A, AN EXISTING CHANNEL THERE THAT THEY CAN'T TOUCH BECAUSE IT'S A WATERS OF THE U S WHICH WE REFER TO AS A BLUE LINE ON A MAP, WHICH MEANS I CAN'T TOUCH IT. AND THEY HAVE TO, THEY HAVE TO STAY UNDER A CERTAIN THRESHOLD OF, OF, OF, UM, SITE DISTURBANCE TO AVOID PERMITS FROM THE FEDERAL GOVERNMENT AND THE CORPS OF ENGINEERS. AND SO, UM, THAT'S INCLUDED IN THERE. UM, AND THEN THEY ALSO, THEY'RE GOING TO HAVE THEIR LANDSCAPING. THAT'S GOING TO BE CODE COMPLIANT AS WELL. OKAY. DO THEY MAINTAIN THAT SPACE BEHIND IT OR IS IT JUST KIND OF AN EMPTY SPACE THAT THEY CAN'T DO ANYTHING WITH? IS THAT MAINTAINED WHAT I'M GETTING AT? YOU KNOW, SOMETIMES SOMETHING THAT'S NOT AESTHETICALLY GREAT THAT ALL OF US LOVE. I'M NOT SAYING I LOVE IT EITHER. IT CAN BE SOFTENED WITH SOME REALLY GOOD LANDSCAPING TO IT. IT KIND OF HELPS THE VISUAL RATHER THAN HARD LINES AND A LOT OF CONCRETE AND A LOT OF ASPHALT. I HEAR YA. UM, I'M TRYING TO PULL UP, MY COMPUTER IS HAVING TO DECIDE BETWEEN THE, THE VIDEO CONFERENCE WE'RE DOING AND PULLING UP THAT LANDSCAPE SHEET. SO I'M NOT BEING, I'M NOT ABLE TO SEE IT ADEQUATELY, BUT THE, THE OVERALL PROPERTY OWNER ENDEAVOR OR IT'S ASSIGNS THE PROPERTY THAT WHO, IF THEY LIKE, IF THEY SELL IT OFF PARCEL BY PARCEL, THAT IS THEIRS TO MAINTAIN, EXCUSE ME. BUT THAT CHANNEL SPECIFICALLY, THEY NEED TO BE EXTREMELY CAREFUL AS TO NOT TO SERVE IT IN A MANNER THAT WOULD VIOLATE FEDERAL LAW FROM A ARMY CORPS OF ENGINEERS STANDPOINT. UM, SO, AND, AND TO BE HONEST, I'M NOT SURE WHAT THOSE REQUIREMENTS ARE. THAT'S FINE. I CAN SEE AT LEAST I CAN SEE THE TREES AND THE GREENERY AGAIN, YOU KNOW, WE WERE KIND OF GOING THROUGH QUICKLY AND THAT CAME TO MY MIND THAT, UM, YES. MA'AM OH, THERE WE GO. THANK YOU. THANK YOU, HOWARD. SO FROM, FROM WHAT I'M READING, UM, IT LOOKS LIKE THE, THE DOTTED AREAS ARE GOING TO BE TURF. SO IT LOOKS LIKE THE INTERIOR OF THESE ISLANDS A LITTLE BIT AROUND THE BUILDING AND THEN THE, ON THE MARGINS OF THE PROPERTY ITSELF, THEY ARE STAYING OUTSIDE OF THAT, UH, STREAM THAT'S BEHIND THEM. I DON'T KNOW. WHO'S RESPONSIBLE FOR THE MAINTENANCE OF THAT. I DON'T KNOW TO WHAT LEVEL THEY'RE ALLOWED TO MAINTAIN IT EITHER, BECAUSE IF IT'S, IF IT'S TRULY AN INCREDIBLE, THEN THERE WILL BE NO MAINTENANCE TO IT OTHER THAN TO, TO KEEP THE FLOOD WAY FREE. UM, BUT YOU CAN SEE WE'VE GOT OVERSTORY CANOPY TREES, AND THEN THE LINE THAT THEY'VE THEY'VE PUT HERE, AND I ASSUME YOU GUYS CAN SEE MY, YEAH, MY CURSOR. UM, YOU CAN SEE THAT THIS IS WHAT THEY'RE REFERRING TO IS THEIR STREETSCAPE. AND IT JUST GOT REALLY DARK IN HERE OR BEING TOO QUIET WHERE GUESTS ARE NOT MOVING ENOUGH. YEAH. THANK YOU. THANK YOU FOR THAT STREET YARD. AND IT READS, I UNDERSTAND THAT THIS IS THEIR ICONIC DESIGN. DO THEY HAVE ANY OTHER ALTERNATIVE DESIGNS THAT THEY EVER USE ANYWHERE ACROSS THE COUNTRY? OR IS THIS IT LIKE MCDONALD'S HAS A LOT OF OPTIONS, YOU KNOW, A LOT OF IS THIS, IT IS THIS WHAT THEY ALWAYS USE? [01:15:01] WHERE DO THEY HAVE OTHER OPTIONS? I DON'T KNOW THAT THERE ARE ANYWHERE AROUND THE COUNTRY. I KNOW THEY'RE IN TEXAS. OKAY. BUT I DON'T KNOW IF THERE ARE ANYWHERE ELSE. SO AROUND TEXAS, THIS IS THEIR ONLY DESIGN THAT THEY USE. JUST STEPH WASN'T OFFERED ANY ALTERNATIVES. THE ONLY ONE WE WERE OFFERED TO DESIGN, AND THIS IS, THIS IS THE M THE MORE COMPLIANT. OKAY. OKAY. I TRUST YOUR JUDGMENT. YEAH. THEY ALSO, UM, I BELIEVE THEY'RE, THEY'RE JUST AT A REGIONAL CHAIN. I'M NOT HERE. THEY'RE CENTERED OUT OF AUSTIN. THAT'S WHERE THEY GOT THEIR START. I DON'T KNOW WHAT EXTENT THEIR EXPANSION HAS REACHED OTHER CITIES OUTSIDE OF THE AUSTIN METRO AREA. OKAY. ALL RIGHT. I WAS JUST WONDERING IF THEY HAD OFFERED YOU ALTERNATIVES AND WHO'S TALKING THE APPLICANTS ONLINE. MY NAME IS MICAH LAND. I'M A PARTNER WITH MICHAEL HSU OFFICE OF ARCHITECTURE HERE TO SPEAK TONIGHT ON BEHALF OF OUR CLIENT P TERRY'S. UM, I CAN SPEAK TO THAT. UM, I'M SORRY. I'M REMOTE. NO, THAT'S OKAY. MICAH, WE DIDN'T KNOW YOU WERE ON THE LINE. SO GO AHEAD AND ENLIGHTEN US GO RIGHT AHEAD. NO, I'M HAPPY TO, UM, P TERRY'S CAME TO US, YOU KNOW, PROBABLY ABOUT 10, 15 YEARS AGO TO DO THEIR STORES. THEY ARE, THAT IS CORRECT. A LOCAL, UH, BURGER STAND CHAIN, UM, FAMILY OWNED, OPERATED, UH, THEY, THEY, UH, UH, REALLY ARE COMMITTED TO SERVING QUALITY HORMONE-FREE, UH, BURGERS THAT ARE, UH, UH, SUSTAINABLY KIND OF SOURCED. UH, IT'S VERY HEALTHY, FRESH KIND OF FAST FOOD. UM, SO A LOT OF THEIR MANTRA IS, IS JUST THAT. UM, IT'S ALSO A PLACE THAT IS, UH, UNLIKE MOST FAST FOOD CHAINS THAT PROTOTYPE AND ROLL OUT, UH, KIND OF, UH, A COOKIE CUTTER, UH, PROJECT EACH P TERRY'S IS DESIGNED SPECIFIC TO A SITE AND IT'S, UH, UH, VERY RARELY ARE THEY THE SAME BUILDING DESIGN? UM, IT WAS INTERESTING WHEN WE APPROACHED THIS PROJECT AND WE READ THE, THE CITY OF KYLE KIND OF, UH, UH, THE OVERLAY CONDITIONS AND THE IMPORTANCE OF THAT, YOU KNOW, THINGS LIKE, YOU KNOW, STREETSCAPE, LANDSCAPING, UH, BUILDING ARTICULATION, UH, GLAZING. UM, I WILL SAY THAT THIS BUILDING MEETS, UH, EXCEEDS THE 25% GLAZING REQUIREMENT. UM, THOUGH WE DON'T MEET THE, THE MASONRY REQUIREMENT. I DO THINK THAT A LOT OF THE CRITERIA THAT'S THAT'S EMBEDDED IN THE OVERLAY TALKS A LOT ABOUT ARTICULATION AND, AND, AND, UH, UH, CANOPIES AND OVERHANGS. THEY SPEND A LOT OF MONEY ON THEIR BUILDINGS. THESE ARE QUALITY MATERIALS. UM, THE STONE IS BY FAR THE MOST EXPENSIVE MATERIAL ON THE BUILDING. UM, AND THE PREVIOUS DESIGNS THAT WE EXPLORED OR SOMETHING MAY BE A LITTLE BIT MORE, THEY WERE, UH, OTHER MATERIALS THAT WEREN'T AS EMPATHETIC TO THE OVERLAY REQUIREMENTS. I WILL SAY, IN TERMS OF LANDSCAPING TO ANSWER YOUR QUESTION, UH, MOST OF THAT IS, UH, UH, BERMUDA GRASS, THE STREET YARD YET WITH THE 35, WE'RE EXCEEDING THE 35% REQUIREMENT. UM, LOTS OF, UH, THE, THE MID LANDSCAPE PALETTE IS VERY RICH. IT HAS A LOT OF, UH, UH, MULEY, SAGE, TEXAS, SAGE RED, OAK TREES. SHUMAR RED OAKS, UH, A LOT OF CEDAR ELM. UM, IT'S A VERY REGIONAL, UH, UH, PI, UH, PALLET OF MATERIALS. THEY LIKE, THEY LIKE BLUE GARVEY BLUE SOCIALS. UM, WE OFTEN DO A LOT OF PRIDE OF BARBADOS. UM, SO IT'S A VERY RICH, UH, UH, LANDSCAPE PALETTE, UM, AND REALLY AT THE END OF THE DAY, UH, P TERRY'S HAS KIND OF GROWN OUT OF AUSTIN AND IT'S BEGUN TO KIND OF LOOK AT OTHER LOCATIONS WE HAVE, OR WE JUST FINISHED UP IN SAN MARCUS, NEW BRAUNFELS. WE'RE LOOKING AT DRIPPING SPRINGS. UH, THEY REALLY LOVED KYLE, UM, AS A, AS A SEEMINGLY GREAT KIND OF SIGHT AND CONTEXT FURTHER THEIR BRAND AND THEIR STORE. UM, WE'RE ALSO LOOKING AT, UH, WE'VE COMPLETED GEORGETOWN. I THINK WE'RE AT ABOUT 20, WE'VE DESIGNED ABOUT 25 STORES FOR THEM. UM, AND, AND REALLY, IT'S TRYING TO KIND OF GET BACK TO A YOUTHFUL ENERGY IN A BUILDING THAT'S EXPERIENTIAL. IT'S FUN TO DRIVE THROUGH IT. UM, IT'S SOMETHING THAT WHEN A KID WALKS AWAY, HE WOWS AT A BIG OVERHANG WITH RED COLUMNS. IT'S, UH, IT, UM, IT'S TRYING TO CREATE KIND OF A MEMORABLE DRIVE-THROUGH AND PEDESTRIAN DYNAMIC EXPERIENCE THAT, UH, THAT WE'RE ALWAYS IN PURSUIT OF. SO I HOPE THAT HELPS SOME, THANK YOU. [01:20:05] ANY OTHER QUESTIONS? CAN I HAVE A MOTION, MADAM CHAIR? YES. WE'LL MAKE A MOTION TO APPROVE 70 AS PRESENTED. CAN I HAVE A SECOND, SECOND EMOTION A SECOND, ANY FURTHER DISCUSSION? YES. YEAH. UM, YES, I, I THINK WHAT WAS PRESENTED IS, IS VERY REASONABLE. YOU KNOW, WE HAVE, WE HAVE BASIC STANDARDS, BUT THERE ARE TIMES SUCH AS THIS ONE THAT THEY DON'T QUITE MEET THEM FOR SPECIFIC REASONS. AND, BUT IF THEY CAN STILL SHOW US, YOU KNOW, THE REASONS FOR IT AND WHAT THEY'RE PRESENTING IS, I STILL THINK THEY'VE MADE VERY WISE CHOICES WITH, UH, THE BUILDING, THE LANDSCAPING WITH THE DRIVE-THROUGH AROUND. UM, I THINK THIS IS A GOOD FIT FOR WHERE IT, FOR WHERE IT IS. YEAH, I DO TOO. I LIKE THE DOUBLE DRIVE THROUGH TOO. I LIKE THAT A LOT. YEAH. ARCHITECTURE LOOKS GREAT. YEAH. ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED. MOTION CARRIES. THANK YOU, MICAH. YEAH. WHERE AM I? DO I HAVE TO SAY DWIGHT? AND DO I HAVE TO SAY WE'RE TABLING? OKAY. UM, ITEM, ITEM, ITEM [E.   Consideration of Exception to Sec. 41-10(b)(c), City of Kyle Subdivision Code (Exception to requiring platting for 400, 402, 404 S. Burleson). ] ITEM SEVEN E UM, I'M POSTPONING. WE ARE POSTPONING ITEM SEVEN E UH, TO THE JUNE 22ND MEETING. DO WE HAVE TO VOTE ON THAT? OKAY. SO CAN I HAVE A MOTION? WELL, I'LL MAKE, I'LL MAKE THE MOTION. I, I MOVED TO MOVE, UH, MOVE ITEM SEVEN E TO THE JUNE, JUNE 22ND. SPECIAL CALLED MEETING. SECOND. I HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED MOTION CARRIES [8.  General Discussion] ITEM NUMBER EIGHT, GENERAL DISCUSSION DISCUSSION ONLY REGARDING PLANNING AND ZONING COMMISSION REQUEST FOR FUTURE AGENDA ITEMS. ANYONE HAVE ANY BRIGHT IDEAS THEY WOULD LIKE TO GIVE STAFF NINE, LEAVE A FEW, BUT OKAY. HEARING NONE. WE'RE JUST GOING TO PUSH ALONG [9.  Staff Report] ITEM NINE, STAFF STAFF REPORT BY HOWARD J COONS, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT. MR. KUHN. IT IS THAT TIME OF YEAR AGAIN. UM, WE HAVE PLANS FOR STAFF TO BE OUT OF THE OFFICE, UM, IN THE MONTH OF JULY. SO YOU'RE AWARE THAT WE TYPICALLY HAVE OUR VOTING MEETING ON THE SECOND TUESDAY OF ANY GIVEN MONTH. AND THEN THE FOURTH, TUESDAY IS GENERALLY RESERVED FOR WORK SESSIONS. WE'RE GOING TO FLIP THAT FOR THE MONTH OF JULY. SO THE REGULAR VOTING MEETING, WHICH WOULD BE JULY 13TH WILL BE, IF IT'S HELD WILL BE THE WORK SESSION MEETING, THE VOTING MEETING FOR THE MONTH OF JULY WILL OCCUR ON TUESDAY, JULY THE 27TH, WE'VE ADVERTISED PUBLIC HEARINGS AND ALL THOSE THINGS. SO MAKE A NOTE FOR YOURSELF THAT IF YOU'RE GOING TO BE HERE, PLEASE BE HERE THAT TUESDAY SO THAT WE CAN HAVE A QUORUM FOR VOTING ITEMS. UM, AS WE STATED EARLIER, WE WILL HAVE A MEETING, UH, TWO WEEKS FROM TONIGHT, WE HAD PLANNED ON HAVING A WORK SESSION ANYWAY. SO IT LOOKS LIKE WE'RE GOING TO START THAT WITH A SPECIAL CALLED MEETING. OKAY. DEBBIE, WE'LL PROBABLY DUMP A BUNCH OF PLATTERS IT'S ON THERE FOR SHE'S LIKE THAT ANYWHERE. SO THERE'LL BE THAT STUFF ON THERE. AND THEN LIKE LIKELY, UM, IF THE OTHER ITEM THAT WAS POSTPONED, POSTPONED FROM THIS EVENING'S AGENDA, UM, DOES CONTINUE, IT'LL BE ON THAT AGENDA AS WELL. SO, UM, ALSO I'D LIKE TO BE ABLE TO GIVE YOU AN UPDATE ON THE FUTURE LAND USE MAP PROCESS. UH, WE HAD A LITTLE BIT OF A DRY RUN WITH THE PARKS MAP, UM, THAT THE, UM, COMMUNICATIONS DEPARTMENT PUT TOGETHER. SO I'D LIKE TO BUILD ON THE STRENGTHS OF DOING THAT AND DO THAT FOR OURSELVES. OUR OURS WILL BE LONGER OURS. WON'T BE JUST ONE EVENING. IT'LL BE PROBABLY A PROCESS, BUT I'M GOING TO WORK THAT OUT WITH THEM AND I'LL GIVE YOU DETAILS ABOUT IT LATER. UM, LASTLY, [01:25:01] WHAT I'D LIKE TO DO IS W WE HAVE HAD, UM, SOME REQUESTS FOR TEXT AMENDMENTS, I BELIEVE. SO. WE'LL DO, DO WE HAVE SOME OF THOSE THAT ARE, THAT ARE COMING FORWARD? DO WE HAVE ANY MORE AFTER THE DOWNTOWN ONE? DID WE HAVE, DO WE HAVE ANY IN PROCESS I GUESS WAS THE QUESTION AND IF WE DO, OR, OR DEBBIE MIGHT KNOW IF SHE'S ADVERTISED ANY OF THEM, DO WE HAVE ANY THAT ARE GOING TO COME TO THIS GROUP IN PROCESS RIGHT NOW? OKAY. WE, WE HAVE THE STREETLIGHT ONE, THERE'S A LITTLE BIT MORE AMENDMENTS THAT WE DID. UM, SO WE'LL JUST BRING IT BACK. YEAH. DARK SKY STREET LAMPS. THAT'LL BE STANDARDIZED FOR THE CITY. THAT'LL BE IN TWO WEEKS. OKAY. THAT'S COMING UP. THAT'S NOT MOST ACCURATELY DESCRIBED AS YOUR PURVIEW. WE ARE BRINGING IT FOR YOUR RECOMMENDATION AND COMMENTARY, BUT BECAUSE IT'S IN CHAPTER 41, WHICH IS THE SUBDIVISION REGULATIONS, RIGHT? THE DECISION WILL ULTIMATELY BE MADE BY THE COUNCIL. IT DOESN'T REQUIRE YOUR RECOMMENDATION TO THEM, BUT WE WILL, WE WANTED TO PUT YOUR INPUT IN THE STAFF REPORT THAT WE TAKE THE COUNCIL, SO THEY KNOW HOW YOU ALL FELT ABOUT IT. UM, AND THAT'S ALL I GOT THE QUESTION ON THAT. UM, JUST WHEN WE WERE DOING THAT AND I, IT'S ONE OF THOSE THINGS I COULDN'T REMEMBER AFTERWARDS, BUT, WELL, WE DEFINITELY LIKE, EVEN IF IT'S NOT FULLY HOODED, WE ARE DEFINITELY RECOMMENDING LIGHTING, MOVING MORE TOWARDS AMBER AND WAVE AWAY FROM THE BLUE. RIGHT. IN, IN THE, IN THE LIGHTING THING, WE'VE UTILIZED THE MODEL ORDINANCE FROM DARK SKY AND IT'S IN OUR CHAPTER 54, UM, SCREENING AND FENCING, I THINK, OR SOME LANDSCAPING AND FENCING OR SOMETHING TO THAT EFFECT. CHAPTER 54. IT ALSO TALKS ABOUT OUR LIGHTING STANDARDS AND THE REQUIREMENTS FOR PHOTOMETRIC PLANS, BUT IT TALKS ABOUT ALL THAT STUFF. YEP. GREAT. THANK YOU. AND I THINK THAT'S ALL I GOT. THAT'S IT. OKAY. ITEM NUMBER 10. ADJOURNMENT. CAN I HAVE A MOTION? MADAM CHAIR? YES, I MOVE. WE ADJOURN. CAN I HAVE A SECOND, SECOND, SECOND. I HAVE A MOTION AND A SECOND. ANY DISCUSSION? NO. GOOD. ALL THOSE IN FAVOR. SAY AYE. AYE. OPPOSED. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.