[1. Call meeting to order]
[00:00:02]
IT IS NOW 6 35.I WOULD LIKE TO CALL THIS PLANNING AND ZONING COMMISSION WORKSHOP MEETING TO ORDER.
CAN I HAVE A ROLL CALL PLEASE? SHUT MEYER SNIDE DOWN HERE FROM THE CALL HERE.
CHRISTY GARRETT, JAMES HERE, CHASE HERE.
[3. Citizen Comments]
COMMENTS.I WILL OPEN CITIZEN'S COMMENTS SEEING NO ONE IN THE AUDITORIUM HERE FOR CITIZENS COMMENTS.
UM, MRS. GUERRA, DO WE HAVE ANYONE ON THE LINE? NO.
THEN I'M A CLOSE CITIZENS COMMENT ITEM.
[B. Continued discussion regarding amendments to Section 41-146 (Street Lights).]
FOR GENERAL DISCUSSION CONTINUED DISCUSSION REGARDING AMENDMENTS TO SECTION 41 DASH 1 4 6.UM, JUST A LITTLE BIT OF HOUSEKEEPING.
I DON'T KNOW IF YOU'RE WATCHING THE FEED ON THIS MEETING OR IT MIGHT ONLY BE ME.
UM, BUT ALTHOUGH IT IS STROBING, UM, IT IS NOT DOING THAT TO THE LIVE FEED.
WE, WE APPEAR NORMAL TO ANYBODY WHO MAY BE WATCHING US OUT ON YOUTUBE LAND.
I COULD S I CAN SEE WE'LL OKAY.
ON MY SCREEN AND NOT STROBING HERE.
SO, UM, THIS SHOULD BE THE LAST TIME WE BRING THIS BACK TO Y'ALL.
UH, WE JUST WANT TO GIVE YOU ALL A LITTLE BIT OF AN UPDATE ON WHERE WE WERE ON THIS AMENDMENT, AND THEN FOLLOWING THIS, UH, WE'RE GOING TO BRING IT FORWARD TO CITY COUNCIL, UM, FOR THEIR, UM, CONSIDERATION FOR THE AMENDMENTS, THE STREETLIGHTS.
SO LAST TIME IT WAS A PRETTY BIG DEAL UPDATING IT.
UM, AND, BUT Y'ALL, DIDN'T REALLY HAVE A WHOLE BUNCH OF HOMELESS SHOULD SAY, WHICH IS FINE.
UM, THE LAST THING THAT WE'VE DONE ESSENTIALLY, UM, IS, UM, IN SECTION SUBSECTION E THREE, WE'VE MADE IT A LITTLE BIT MORE SPECIFIC IN TERMS OF WHAT THE HARDWARE WE WANT TO SEE, UH, FROM ADMINISTRATION AND FROM PUBLIC WORKS.
UH, THEY'VE HAD THEIR INPUT, UM, WHAT RELATING TO, UM, THE TYPES OF, UM, DECORATIVE AND NON DECORATIVE STREETLIGHTS THEY WANT TO SEE.
UM, SO THAT'S ESSENTIALLY ALL WE'VE CHANGED.
AND THEN WHENEVER WE DRAFT, UH, THE ACTUAL ORDINANCE AND PUT IT ALL TOGETHER, WE'RE GOING TO HAVE THIS, UM, THIS DOCUMENT HERE, ALL THE WORDING AND WHAT HAVE YOU.
AND THEN WE'RE ALSO GOING TO HAVE, UM, THESE THROWN IN THERE AS WELL, THE, THE DRAWINGS OF THEM.
SO THIS IS THE STANDARD, UH, STREETLIGHT POLE, THE HAP COHEN, UM, ALL NEW ONES GOING FORWARD WILL BE BLACK POWDER COAT FOR THE POLL ITSELF.
WE DON'T REALLY SAY ANYTHING ABOUT THE, THE, THE LAMP HEAD ITSELF, CAUSE THAT'S A PEC LAMP.
UM, SO, BUT THEY DO, THEY DO UNDERSTAND THAT IT'S GOING TO BE DARK SKY COMPLIANCE.
AND JUST TO GIVE YOU ALL, Y'ALL PROBABLY ALREADY LOOKED AT IT, BUT JUST SO EVERYBODY ELSE CAN SEE IT, THERE IS THE PUBLIC SECTOR.
UM, THIS IS THE, THE LAMP THAT WE'RE LOOKING AT, THE HEADLAMP FOR THE DECORATIVE POLE OUTLINED IN THE GREEN BOX.
AND WHEN SOMEONE'S GOING THROUGH, IF WE'RE GIVING, THESE ARE GOING TO BE STANDARD SHEETS, WE'RE GOING TO HAVE, UM, FOR IF A DEVELOPER NEEDS TO ORDER THESE AND WHAT HAVE YOU, THAT THEY KNOW WHICH ONES TO SELECT.
UM, SO IT WAS GONNA BE BLACK AS WELL.
AND LET ME KNOW IF YOU CAN'T SEE THESE WHEN THEY POP UP OR THE DECORATIVE IS ACTUALLY THE AP 2, 6 0 2, UM, THE ONE ON THE FAR LEFT AND THEN THE DECORATIVE CROSS ARM IN CASE THEY WANT TO DO DOUBLE-HEADED LAMPS OR EVEN TRIPLE OR QUADRUPLE EVEN.
SO, UM, SO THAT WAY WE HAVE A COMPLETE, UH, COMPLETE SPECIFIC, UH, PIECE OF HARDWARE OR MULTIPLE PIECES OF HARDWARE, THEY GO TO THEIR WELL.
UM, AND THESE ARE THE CLOSEST, UM, MODERN-DAY EQUIVALENTS OF THE, OF THE LAMPS THAT WERE CONSTRUCTED IN, UM, EXCUSE ME, WITH THE BURLESON STREET PROJECT AND THE PHILOMENA STREET, UH, PROJECTS, ANY QUESTIONS ANYWAY, UH, JUST ONE, ONE QUESTION HERE, RIGHT? AND APOLOGIES IF THIS IS COMING IN LATE, WE HAVE, UH, ON THE FRONT OF THIS ITEM FOUR INTERSECTION WITH HIGH ACCIDENT RATES, DO WE HAVE THAT QUANTIFIED WHAT THAT IS, OR WE, WE WANTED TO KEEP THAT VAGUE ON PURPOSE OR,
[00:05:01]
UM, YEAH, WE DIDN'T, I'M TRYING TO REMEMBER EXACTLY.SO WE HAVE, UM, THE WAY THAT SOMETIMES ACCIDENTS WORKS, THE WAY THEY QUANTIFY IT IS BASED ON A CERTAIN PERCENTAGE BASED ON TYPES OF STREET FUNCTION, UH, FUNCTIONAL CLASSIFICATIONS FOR ACCIDENTS.
BUT ALSO WE WANTED TO THROW IN THERE THE, YES, THE VAGUE INTERSECTIONS WITH HIGH ACCIDENT RATES, BECAUSE WE DIDN'T WANT TO BE HELD TO SPECIFICALLY A CERTAIN METRIC IF WE NEEDED TO GO UNDER THAT.
UM, IF WE FELT LIKE THERE WAS A, A, AN INTERSECTION THAT HAD IT SEEMINGLY HAS A NORMALLY HIGH ACCIDENT RATES IN A DATA DIDN'T REFLECT THAT WE WANT TO BE ABLE TO HA HAVE A LEGITIMATE AND WORK AROUND THAT WAS BUILT INTO THE CODE.
THIS WOULD PROBABLY NEVER IMPACT THE DEVELOPER THOUGH.
BECAUSE IF THEY'RE BUILDING SOMETHING, CAN'T HAVE A HIGH ACCIDENT RATE BECAUSE IT'S NOT THERE YET.
SO THIS IS REALLY JUST FOR THE CITY'S USE TO APPEAL TO THIS CLAUSE AS TO WHY WE NEED TO ADD SOMETHING.
SO IF WE, IN THAT SPECIFIC CASE, THAT WOULD SEEM ACCURATE WHERE, UM, IF WE'RE DOING A CIP OR A CAPITAL IMPROVEMENT PROJECT, UM, AND WE'RE UPGRADING, MIGRATING OUR STREET LIGHTS AND WHAT HAVE YOU, AND WE HAVE TO LOOK AT INTERSECTIONS AND THAT WAY WE CAN POINT TO IT IN OUR CODE AND SAY, OKAY, YEAH, WE'RE GOING TO DO THIS, OR, OR WHAT HAVE YOU, SO, OKAY.
SO IT'S PROBABLY THE BEST TO LEAVE IT VAGUE.
SO IT WAS A, IT WAS A SOMETHING THAT ONE OF OUR ENGINEERS WANTED TO HAVE IN THERE AND SHE USED TO WORK FOR TEXTRON ANYONE ELSE.
THANK YOU FOR ALL THE WORK ON THIS.
I'LL GIVE YOU ALL AS REGARDS TO THE OTHER STAFF WHO ALSO WORKED ON IT AS WELL.
[C.
Discussion of Proposed Subdivision, Zoning and Landscape Code Amendments
- Section 41-136 - Lots
- Section 41-142 Water and Wastewater, (f) Septic Tanks
- Section 53-5 - Definitions
- Building Acre
- Multi-Family residential, restricted
- Townhouse
- Section 53-443 - Permitted Uses
- Section 54-5, Note 1
- Height Exceptions Amendment in Plum Creek PUD and Sec. 53-1047 (outside Plum Creek PUD)
ITEM FOUR C DISCUSSION OF PROPOSED SUBDIVISION, ZONING AND LANDSCAPE CODE AMENDMENTS.
SO FIRST I'M GOING TO DO THE EASE, WHAT I'M DUBBING, THE EASY CODE EDITS, OR WHAT W WHAT WE, WE HOPE ARE THE EASY CODE EDITS THAT SHOULD HOPEFULLY PASS THROUGH THE CODE PRETTY EASILY OR ANY UPDATES, BUT WE'LL SEE IF THAT HAPPENS.
UM, SO WE, WE HAVE, UH, A LIST, A RUNNING LIST OF ITEMS THAT WE WOULD LIKE TO SEE UPDATED AND, UH, THINGS THAT WE KEEP RUNNING UP AGAINST, OR THINGS THAT WE THINK OF THAT'LL HELP THE COMMUNITY WHENEVER, UH, SOMEONE WHO DOES COME IN.
SO I'M GOING TO SHARE MY SCREEN.
AND SO WE DON'T WANT TO GET, WE HAVE A, THE LIST IS FAR LONGER THAN THIS, BUT THESE ARE SOME, JUST A HANDFUL OF THINGS THAT WE CAN START LOOKING AT.
UM, AND WE NEED Y'ALL'S, UM, INPUT AND APPROVAL TO MOVE FORWARD WITH THIS PER OUR CODE.
SO THE STAFF CAN SPECIFICALLY BRING IT FORWARD.
SO IF Y'ALL LIKE THESE GIVE US DIRECTION, AND IF YOU WANT TO BRING THEM FORWARD, LET'S DO IT IF NOT SOVIET.
UM, SO THE FIRST ONE IS SECTION 41 DASH 1 36, FOR LOTS, I'M ADDING A SECTION, OR WE WANT TO ADD A SECTION CALLED UTILITY LIGHTS.
UH, THE REASON BEHIND THIS IS THE WAY OUR ZONING CODE CURRENTLY IS SET UP IS THE MINIMUM LOT DIMENSIONS, UM, AND METRICS TO IT ARE BASED ON SPECIFICALLY THE ZONING.
SO LET'S SAY YOU HAVE A SINGLE FAMILY DETACHED ZONING FOR OUR ONE, ONE, WHICH IS 80 FEET WIDE AND OVER 8,000 SQUARE FEET.
WELL, THAT MEANS ALSO THERE ARE TIMES WHERE LANDSCAPING LOTS ARE TRIED TO, THEY'RE TRYING TO PUT THOSE IN, AND THEY HAVE TO ALSO BE 8,000 SQUARE FEET, EIGHT FEET WIDE, OR TRAILHEAD ACCESS, OR, UH, UM, UTILITY LOTS.
AND WHEN THEY'RE REALLY BETTER SERVED TO NOT HAVE TO MEET THOSE MINIMUM REQUIREMENTS, FOR EXAMPLE, PUBLIC WORKS LIKES HAVING, UM, SOMETIMES THEY LIKE HAVING, UM, WATER LINES THAT CROSS BETWEEN CUL-DE-SACS.
SO IT LOOPS BETTER, AND THEY DON'T WANT PEOPLE ANYWHERE INSIDE THE EASEMENT THAT THEY NEED.
SO IF WE CREATE A LAND A LOT, THAT IS ALSO THE SAME DIMENSIONS AND SHAPE AS THE EASEMENT IT'S OWNED BY THE CITY, AND NOBODY WILL ENCROACH INTO IT WITH THEIR FENCES.
CAUSE EASEMENTS ARE USUALLY ON, ON THEY, THEY SPAN THE BORDERS BETWEEN TWO PROPERTY LINES, AND THERE'S A FENCE DOWN THE MIDDLE.
DOESN'T HAVE TO COME IN AND REMOVE THE FENCE AND THEN REPLACE IT AFTER THEY DO SOME WORK.
UM, TH THIS ACCOUNTS FOR THOSE NON-STANDARD LOTS THAT SOMETIMES POP UP THROUGH JUST THE WAY THE DESIGN HAPPENS WITH SUBDIVISIONS, THAT THEY DON'T NEED
[00:10:01]
TO HAVE THAT MINIMUM ACREAGE FOR THE MINIMUM DIMENSIONS.AND THEY'RE BETTER SERVED TO BE EXEMPT FROM THAT.
NOW THESE ARE NOT LOTS THAT ARE GONNA HAVE HOUSES ON.
UM, THEY'RE NOT GONNA, YOU KNOW, FOR, FOR THE LOTS OF ACTUALLY HAVE TO FOLLOW THE ZONING CODE THAT HAVE LIKE COMMERCIAL LOTS, OR, YOU KNOW, YOU'RE GOING TO HAVE A WAREHOUSE OR A HOUSE, OR MULTI-FAMILY, THOSE DO HAVE TO MEET THOSE, THOSE CONDITIONS, STILL THOSE MINIMUM DIMENSIONS IN LOT WIDTH, BUT NOT IN THESE SPECIFIC CASES.
UM, AND, AND PUBLIC WORKS HAS BEEN ASKING, WELL, WHAT CAN WE UPDATE THE CODE TO INCLUDE STUFF LIKE THIS? THEY'VE BEEN ASKING FOR LIKE A YEAR NOW, AND THIS IS THE CODE THAT WE CAME UP WITH.
UM, AND IT ALLOWS STAFF TO ADMINISTRATIVELY APPROVE THOSE, UM, WHERE IT'S FOUND NECESSARY, UH, AS WE'RE DOING OUR REVIEW.
AND THEN WHENEVER OUR REVIEWS ARE COMPLETE ON SUBDIVISIONS, WE'LL SEND THEM TO Y'ALL FOR APPROVAL.
SO, UM, DOES ANYBODY HAVE ANY QUESTIONS ON THE FIRST ONE OR ANY THOUGHTS OR WOULD LIKE ANY CLARIFYING? I JUST HAVE A QUICK QUESTION, THIS PATTY, UM, ON THESE LOTS, WHO, WHO IS RESPONSIBLE FOR LANDSCAPING THEM AND MAINTAINING THEM, IS THAT BECOME A CITY OBLIGATION OR IS IT THE DEVELOPER OR THE SUBDIVISION? YES, MA'AM IT, IT DEPENDS ON, UM, IF THEY'RE LANDSCAPE LOTS, UM, THOSE ARE TYPICALLY MAINTAINED BY THE HOA, UM, BECAUSE W H WAYS ARE A REQUIREMENT OF SUBDIVISIONS AND KYLE.
UM, IF IT'S A UTILITY LOT SPECIFICALLY, LIKE IF WE'RE ASKING THE DEVELOPER TO PUT, TO LEAP A WATERLINE THROUGH TO DIFFERENT PARTS OF THE STREET TO JUST BETTER KEEP THE SYSTEM CLEANER AND FUNCTIONING BETTER, UM, THAT'S A LOT THAT THE CITY WILL HAVE TO MAINTAIN.
UM, AND THAT'S PRETTY TYPICAL BECAUSE IT BE, IT WOULD BE OUR EASEMENT ANYWAYS.
SO WE WE'D BE IN THERE MAINTAINING IT, MOWING IT, MAKING SURE THE UTILITIES INSIDE OF THAT WERE, UM, PROPERLY MAINTAINED.
SO THAT WOULD BE DEEDED OVER TO US AS WELL.
UM, THE, DOES THAT EXPLAIN IT A LITTLE BIT? IT DID.
DOES ANYONE ELSE HAVE ANY QUESTION ON MUCH SPECIFICALLY? YEAH, NO, NO.
WE'RE GOING ONE, ONE BY ONE, RIGHT? YEAH.
JUST, I MEAN, WE DIDN'T, WE DIDN'T TALK ABOUT IT EARLIER.
THIS IS A, THIS IS A WORK SESSION, SO WE'RE NOT VOTING ON THESE OR MAKING ANY DECISIONS.
THIS IS THE OPPORTUNITY FOR STAFF TO SEEK DIRECTION.
AND SO THE DIRECTION FROM YOU WOULD BE, YES, PLEASE BRING THAT BACK AND WE'LL MAKE THAT HAPPEN.
IT COULD BE, LET'S MAKE SOME CHANGES TO THIS BEFORE IT GOES FORWARD, OR THIS ISN'T AN ISSUE RIGHT NOW DON'T CLIMB THIS TREE ANYMORE.
SO, OR, OR, OR ANYTHING IN BETWEEN OR BEYOND THOSE SUGGESTIONS.
UM, IF THERE'S NO OBJECTIONS, I'LL GO ONTO THE NEXT ONE.
UH, SECTION 41 DASH 1 42, WATER AND WASTEWATER, UH, SEPTIC TANKS.
UH, RIGHT NOW, THE WAY OUR CODE SPECIFICALLY READS IT'S BASED ON A LINEAR DISTANCE, UM, FROM THE PROPERTY LINE TO THE LOT TO BE SEWARD.
SO IF YOU, IF THERE IS ADEQUATE, UH, WASTEWATER SERVICE, SEWER LINES WITHIN THE, IN THE CITY OF KYLE WITHIN 500 FEET OF A PROPERTY LAW LINE, IF SOMEONE WANTING TO BUILD, THEY HAVE TO TIE IN TO THE WASTEWATER SERVICE, UM, IF THEY DON'T WANT TO, UM, THEY HAVE TO GO GET AN EXCEPTION FROM CITY COUNCIL, UH, OR WAIVER TO BE ABLE TO TIE IN.
UM, IF IT MAKES SENSE TO NOT TO, UM, SOMETIMES, UM, SOMEONE WHO HAS JUST, UH, AN OUT PARCEL AND THEY'RE INSIDE THE CITY LIMITS AND THEY WANT WASTEWATER, BUT THEY REALIZE THE COST OF INSTALLING IT 500 FEET AWAY, A IS ABSURDLY EXPENSIVE.
AND IT MAKES MORE SENSE TO BUILD A SEPTIC TANK INSIDE THE CITY LIMITS, OR FROM A PRACTICAL STANDPOINT, TRYING TO CONSTRUCT THE WASTEWATER LINE DOWN TO THAT.
AND MARK, IT JUST DOESN'T WORK FROM THE GRADES, YOU KNOW, GOING DOWN HILL WHERE THERE'S NOT ENOUGH ROOM TO, YOU KNOW, TO GET THERE BETWEEN TWO HOUSES OR WHAT HAVE YOU.
AND SO THIS, THIS EDIT IN THE UNDERLINE BLUE GIVE STAFF OR ENGINEERING DEPARTMENT REALLY, BUT STAFF, UM, TO MAKE HAVE A LITTLE BIT OF FLEXIBILITY IN DETERMINING IF, UM, FROM A PRACTICAL DESIGN STANDPOINT, IF THEY HAVE TO TIE IN THAT WAY ONLY THE MOST, UM, THIS WAY, IT JUST MAKES IT A LITTLE BIT MORE FLEXIBLE.
THERE ARE TIMES WHERE WE PROBABLY SHOULDN'T HAVE TO NEED TO THIS TO CITY COUNCIL THEN, BUT THERE ARE SOME TIMES THAT WE DO NEED TO, AND THAT IT SHOULD BE TO A GREATER EXTENT LEFT UP TO THE, UM, THE CITY ENGINEER'S OFFICE OR STAFF FOR THAT MATTER.
[00:15:03]
ANY QUESTIONS I HAVE SOME FOR SURE, A COUPLE OF THINGS, NO PERMIT, WHAT KIND OF PERMIT ARE WE TALKING ABOUT? SOMETHING SPECIFIC FOR THE SEPTIC TANK ITSELF OR OUR BUILDING PERMIT IN GENERAL FOR THE IMPROVEMENT? YEAH.UM, BOTH, UH, SORT OF, UM, SO FOR EXAMPLE, IF YOU ARE TRYING TO BUILD A HOUSE ON YOUR LOT OR EVEN A COMMERCIAL EXTRA, BUT IN THIS CASE, LET'S JUST SAY THE HOUSE.
UM, YOU HAVE TO HAVE SOME WAY TO BE ABLE TO FLUSH YOUR TOILET AND PROVIDE ADEQUATE, UH, SEWER SERVICE, WHETHER IT BE TYING INTO THE CITY'S PUBLIC, UH, WASTEWATER SYSTEM, OR BEING ABLE TO HAVE, UM, AN ONSITE, UM, SEPTIC FACILITY.
SO A SEPTIC TANK COULD BE WELL, UM, ONE WAY OR THE OTHER YOU HAVE TO DO, IF YOU HAVE TO GO TO THE, UH, TO GET, UH, A SEPTIC TANK, THAT MEANS YOU HAVE TO GO TO THE COUNTY DEVELOPMENT SERVICES DEPARTMENT BECAUSE IT'S THE HEALTH DEPARTMENT, THEY HAVE TO DEAL WITH THAT.
UM, BUT IF YOU'RE REQUIRED TO TIE INTO THE CITY'S WASTEWATER SERVICE, UH, THEN IT'S JUST, UH, IT'S, UH, A PERMIT FROM THE CITY OF KYLE AND SOMETIMES IT'S YOU'RE RIGHT NEXT DOOR, AND YOU CAN EASILY JUST TIE IN, BUT SOMETIMES YOU HAVE TO SUBMIT WHAT'S CALLED, UM, CONSTRUCTION PLANS, WHICH ARE PUBLIC IMPROVEMENT PLANS SHOWING THAT HAVE TO BE REVIEWED BY STAFF AND APPROVED.
AND THEN YOU HAVE TO START YOUR PROJECT.
DOES THE CITY SPECIFICALLY PERMIT SEPTIC SYSTEMS THOUGH? IT DOESN'T, UM, THE COUNTY DOES, HOWEVER, THEY NEED SOME SORT OF LETTER FROM US SAYING THAT THE PERSON INSIDE THE, UH, UM, THE CITY OF KYLE IS ALLOWED TO HAVE SEPTIC OKAY.
OR, OR, OR NOT, WELL, IF THEY'RE TECH BRING IT TO THE COUNTY, THEY HAVE TO, AND ARE THERE ANY TECHNICAL GUIDELINES THEN ALSO WITHIN THE CITY CHARTER THAT GOVERN LIKE LOT'S GOING TO BE EXCELLENT.
A BIG AND SEPTIC SYSTEM HAS TO BE SO FAR AWAY FROM PROPERTY LINE, THAT KIND OF THING, BOTH IN CHAPTER 41 IN THE SUBDIVISION REGULATIONS, WE TALK ABOUT MINIMUM LOT SIZE, BUT WE DON'T NECESSARILY PUT A REASON BEFORE THAT IN CHAPTER 41 IN THE SUBDIVISION REGULATIONS.
BUT THE REASON IS THIS IS FOR THE TILE FIELD.
AND THAT'S WHY WE ALLOW LOTS TO BE SMALLER, UM, DOWN TO, YOU KNOW, UH, 20,000 SQUARE FEET OR IN SOME CASES, 9,600 SQUARE FEET FOR WHAT'S TERMED ADVANCED SEPTIC.
BUT THOSE GUIDELINES ARE ALSO A REQUIREMENT IN THE COUNTY.
SO THERE'S NOT SOME GAP IN HERE TOO.
WE'RE GONNA ALLOW A PERMIT ON SOME LOT THAT'S THIS WIDE, BECAUSE THEY HAPPEN TO BE 500 FEET AWAY.
NOT LIKELY THEY'LL GET CAUGHT ON ANOTHER TECHNICAL, UH, RESTRICTION THAT PREVENTS THAT FROM HAPPENING.
IT SHOULD, THE COUNTY IS DOING EVERYTHING THEY CAN TO TRY AND BRING SEPTIC TANKS INTO A PUBLIC WASTEWATER SEPTIC TANKS TEND TO, THEY DON'T GET MAINTAINED.
THEY'RE A CHALLENGE, ESPECIALLY FOR GROUNDWATER.
UM, SO THEY'RE, THEY'RE TRYING TO GET EVERYBODY ONTO PUBLIC WASTEWATER AS THEY CAN.
UM, ONE OF THE REASONS THAT THEY HAVE SUCH TIGHT CONTROLS IS TO MAKE SURE THAT THE DESIGN METRICS ARE MET AND THAT, YOU KNOW, TILE FIELDS CAN ONLY BE ON YOUR OWN PROPERTY.
THEY'RE NOT SUPPOSED TO GO ACROSS PROPERTY LINES AND THAT THEY'RE ADEQUATELY SIZED FOR WHATEVER THEIRS THAT'S FEEDING INTO THEM.
SO THEY'RE, UM, WE'RE REALLY GLAD THAT THEY LOOK AT THAT CAUSE IT'S PRETTY INVOLVED AND SEWER SERVICE HERE COULD BE CITY OF KYLE.
IT COULD BE MONARCH WATER OR WHATEVER, WHOEVER WANTS IT COULD BE AN STD OR AN MUD BY, BY SOMEBODY ELSE.
IT COULD BE, IT COULD BE ANYBODY THAT PUTS IT TOGETHER.
ANY, ANY PACKAGE PLANT THAT GETS IT, GETS IT DONE.
ANY OTHER QUESTIONS OR NEEDS FOR CLARIFICATION? I HAVE ONE, IT'S ANOTHER QUESTION.
UM, JUST FOR THE RECORD, UM, WHEN YOU, WHEN I READ IT AND SAYS THIS DISTANCE IS NOT SOLELY BASED ON STRAIGHT LINE DISTANCE, I'M GUESSING THAT MEANS GEOGRAPHY, BUT I'M JUST GOING TO ASK FOR THE RECORD, WHAT ARE OTHER THINGS THAT IT MAY BE BASED ON OTHER THAN STRAIGHT LINE DISTANCE GEOGRAPHY? YEAH, THAT'S ESSENTIALLY IT IN A NUTSHELL TYPOGRAPHY SPECIFICALLY SOMETIMES, UM, IT MAY BE DOWNHILL FROM THE NEAREST MANHOLE AND THAT WOULD MEAN THEY'D HAVE TO PUMP IT UP HILL TO GET THERE.
AND MAYBE IT'S BETTER THAT THEY HAVE A SEPTIC TANK OR MAYBE THE, THE, THE CLOSEST STRAIGHT-LINE DISTANCE IS BETWEEN TWO HOUSES THAT THERE'S NOT ENOUGH ROOM TO ACTUALLY PUT A MANHOLE OR A SEWER LINE IN BETWEEN BECAUSE AT THE CITY HAS TO GO IN THERE AND MAINTAIN IT.
THEY CAN'T GET THEIR DIGGING MACHINES IN THERE BECAUSE THERE'S, THERE'S JUST SIMPLY NOT ENOUGH ROOM.
UM, SO FROM A PRACTICAL STANDPOINT, WHETHER IT BE MAINTENANCE OR, UH, TYPOGRAPHY, SOMETIMES THERE'S SEVERE LIMITATIONS TO WHERE IT'S, IT MAKES MORE SENSE TO HAVE SEPTIC.
[00:20:01]
THAT'S IT.UH, THE NEXT ONE IS A SERIES OF DEFINITIONS THAT ARE IN OUR ZONING CODE IN SECTION 53 5.
UH, THE FIRST ONE IS, UM, AMENDING THE DEFINITION OF BUILDING ACRE AND I'LL, AND I'LL BE HONEST.
I'M STILL TRYING TO WRAP MY HEAD AROUND THIS ONE, BUT, AND SO I'LL PROBABLY NEED TO HOWARD'S INPUT A LITTLE BIT.
UM, BUT ESSENTIALLY WHAT IT IS RIGHT NOW, THE WAY IT'S THE WAY IT'S WORDED.
IT IS NOT TECHNICALLY NET DENSITY WHEN YOU'RE TALKING ABOUT BUILDING ACRE.
SO WHEN WE SAY BUILDING ACRE, YOU'RE LOOKING AT, YOU KNOW, YOU TAKE A GROW SACRED, SO YOU GOT A HUNDRED ACRES FOR A SUBDIVISION, RIGHT? AND YOU HAVE, WHAT'S CALLED A NET DENSITY OF YOU.
DENSITY MEANS YOU CAN HAVE FIVE HOUSES PER, PER GROSS ACRE, BUT IN REALITY, AFTER YOU TAKE OUT PARKLAND, UM, FLOODPLAIN STREETS AND ALL THAT, YOU MAYBE GET DOWN TO THREE HOUSES PER ACRE.
SO WE'RE TRYING TO MAKE A CLARIFICATION AMENDMENT TO IT SAYING THIS IS NET DENSITY, BECAUSE THE WAY IT'S BEEN, WE'VE BEEN INTERPRETING IT BASED ON THE WORDING.
IT CURRENTLY IS, IS YOU, YOU SUBTRACT, UH, ALL THOSE UNUSABLE AREAS FROM, UH, FROM A HOUSE BUILDING OR A COMMERCIAL BUILDING SEM STANDPOINT.
AND THEN NOW THAT'S YOUR NEW ACREAGE.
AND THEN YOU STILL HAVE TO SUBTRACT STUFF, UM, FROM THAT.
SO IT'S EVEN LESS DENSE THAN WHAT IT EVEN STATES IN THE CODE IN REALITY.
SO WE'RE TRYING TO MAKE THIS DENSITY LIKE SPECIFIC FOR A NET DENSITY.
AND IF THERE'S A WAY THAT WE CAN REWORD THIS, IF IT'S BETTER TO DO IT THAT WAY, THAT'S FINE TOO.
BUT WE'RE TRYING TO MAKE THIS WORK AND MAY HAVE TO HAVE COMMON SENSE FOR ALL PARTIES INVOLVED.
IS THIS, SORRY, IS THIS LIKE A CONCESSION TO DEVELOPERS FOR PROBLEMATIC PROPERTIES WHERE THERE'S LOTS OF FLOOD, PLAIN ISSUES AND STUFF LIKE THAT.
AND I'M NOT SAYING THAT'S A BAD PEJORATIVE KIND OF THING, BUT IS THAT WHAT WE'RE ATTEMPTING TO DO HERE? GIVE THEM A LITTLE MORE LEEWAY, NOT SO MUCH FROM A DEVELOPER STANDPOINT, LIKE, BUT IT IS THE PEOPLE THAT ARE AFFECTED MOST BY WHEN THEY WANT TO DEVELOP THEIR PROPERTY.
WE'RE NOT TRYING TO NECESSARILY THROW THEM A BONE OR ANYTHING, BUT WE JUST WANT IT TO MAKE MORE SENSE WHEN WE'RE TRYING TO EXPLAIN STUFF TO THEM, WHEN OUR CODE IT'S A CLARIFICATION, IT'S REALLY JUST, I MEAN, DEFINITIONS IS JUST ANOTHER OPPORTUNITY TO PUT FORWARD A TERM THAT YOU'RE USING DURING THE COURSE OF DEVELOPMENT.
I, THIS ISN'T DONE OTHER PLACES LIKE THIS ANYWAY.
SO A LOT OF TIMES WHEN FOLKS COME IN AND SAY, WELL, WAIT, WAIT, WAIT, WAIT.
SO I CAN BUILD 5.5 TO THE ACRE WHEN I READ THE CODE.
BUT THEN WHEN I GO BACK AND ACTUALLY DRAW IT AND COME BACK, I'M SUPPOSED TO REMOVE PORTIONS OF THE LAND AND THEN RECALCULATE AGAIN.
SO I'M NOT ACTUALLY GETTING THAT ACREAGE.
AND SO WE HAVE TO DEFINE THE DIFFERENCE BETWEEN GROSS DENSITY, NET DENSITY, AND THEN WHAT WE TERM IN KYLE AS BUILDABLE ACRE.
AND, UM, SO IT'S FINE IF THAT'S, THAT'S KYLE'S CODE AND THAT'S HOW KYLE DOES IT.
AND KYLE CAN DEFINE ITS PROCESSES AND PROCEDURES.
HOWEVER IT CHOOSES TO FOR ITSELF, THAT IS A POLICE POWER.
THAT'S FINE, BUT THIS IS JUST ANOTHER DEFINITION TO TRY AND HELP STAFF ANSWER THE QUESTION FOR THE FOLKS THAT COME TO US AND TRY AND BUILD HERE.
THIS, THIS DOESN'T AFFECT, UH, YOU KNOW, A FAMILY LOADING UP AND GOING TO DINNER.
THIS, THIS DOESN'T AFFECT THEM.
THIS, THIS IS A VERY ESOTERIC DEFINITION THAT A SMALL PERCENTAGE OF FOLKS WHO LIVE WORK AND DO BUSINESS IN THE CITY OF KYLE DEAL WITH HOWEVER, WHEN THEY DEAL WITH IT, IT GIVES EVERYBODY HEADACHES.
SO WE'RE JUST PUTTING A COUPLE OF MORE DEFINITIONS OUT THERE TOGETHER TO TRY AND GET SOME GREATER UNDERSTANDING.
YOU'RE TELLING THEM THAT THEY CAN BUILD X AMOUNT OF HOMES ON AN ACRE, RIGHT? AND THEN WHEN THEY COME IN, YOU SAY, FROM THAT ACRE, YOU HAVE TO HAVE THIS, THIS, AND THIS AND THIS FLOODPLAIN.
SO THEY'RE REALLY NOT GETTING THAT MANY HOMES ON THE ACRE, CORRECT? CORRECT.
UM, WHEN, WHEN YOU TALK ABOUT, YOU KNOW, I USE THE 5.5 NUMBER QUITE A BIT, UM, THAT IS A, THAT IS A GROSS DENSITY.
WHAT, WHAT SHOULD HAPPEN IS THE, THE ACTUAL DENSITY OF THE PROJECT WILL GO UP WHEN YOU SUBTRACT THE
[00:25:01]
AREAS OUT OF THE SUBDIVISION THAT CAN'T BE USED FOR BUILDING, AND THAT'S WHERE YOUR ROAD RIGHTS AWAY AND YOUR UTILITY CORRIDORS.UM, AND THOSE ARE THOSE HAPPENED IN EVERY SUBDIVISION.
THEN THERE ARE SOME OTHER IMPROVEMENTS OR ENCUMBRANCES THAT ARE PRESENT IN LAND FLOODPLAINS, NOT ALWAYS PRESENT STREAM COURSES, NOT ALWAYS PRESENT.
THEY ARE SOMETIMES NOT ONLY, UM, THOSE, UM, GET CAUGHT UP IN THIS WHEN YOU'RE IN THE CITY OF KYLE.
AND THEN THE THIRD ONE ARE THE DISCRETIONARY ENCUMBRANCES, LIKE PARKLAND, PARKLAND IS A GREAT THING, BUT YOU'RE NOT SELLING PARKLAND FOR, FOR, YOU KNOW, FLOOR, AREA OF HOMES.
RIGHT? SO, UM, WHAT, WHAT GETS CURIOUS IS THAT KYLE PUTS FORWARD A REQUIREMENT OF DWELLING UNITS PER BUILDABLE ACRE, AND THEY SAY, OH, DOES THAT MEAN NET ACREAGE? AND WE HAVE TO LOOK AT THEM AND GO, NOT EXACTLY, JUST DEPENDS ON WHAT'S IN IT.
SO THE DEFINITION OF WHAT BUILDABLE ACRE IS IN KYLE DEPENDS UPON WHAT THE PRODUCT IS.
THAT'S BROUGHT TO US, WHAT'S, WHAT'S IN IT THAT WE KNOW IS GOING TO BE THERE, RIGHT? ROADS AND UTILITY CORRIDORS, WHAT MIGHT BE IN THERE, RIVERS STREAMS, WETLANDS, AND WHAT THEY PUT IN THEIR PARKS AND PUBLIC AREAS AND STUFF.
SO WE DON'T REALLY KNOW UNTIL WE GET TO THE END.
SO WHEN WE HAVE THAT CONVERSATION WITH THEM, WE'D LIKE TO BE ABLE TO TALK ABOUT ALL THE THREE DIFFERENT CATEGORIES, THE NET GROSS AND BUILDABLE ACRES, SO THEY CAN GET SOMETHING THAT'S CODE COMPLIANT.
I WASN'T, I SIGNED UP FOR THIS.
SO DID HE, ANYONE ELSE GO AHEAD.
UM, SO JUST TO CLARIFY, THIS IS ESSENTIALLY BRINGING THE CODE INTO COMPLIANCE WITH HOW THE CITY EXPLAINS IT TO D TWO FOLKS WHO USE THIS TERMINOLOGY ESSENTIALLY.
AND SO THIS IS, THIS IS HOW WE'VE HELD IT CONSISTENTLY SINCE LIKE Y'ALL HAVE BEEN HERE ESSENTIALLY.
THE LAST TIME I REMEMBER GOING ROUND AND ROUND AND ROUND AND ROUND WITH THIS WAS, UM, UH, CHARLES PEOPLE'S APARTMENTS ON MARKETPLACE WITH, UH, CARRIE BRESSLER AND, UM, VERY INTERESTING PROJECT.
UH, AGAIN, FROM YOUR WINDSHIELD, YOU PROBABLY DON'T KNOW WHAT WENT ON WITH THAT.
IT'S A THREE-STORY GARDEN APARTMENT, THAT'S NEXT TO KOHL'S AND THAT'S ABOUT EVERYTHING YOU KNOW ABOUT IT.
BUT, UM, IT'S ACTUALLY PART OF A MUCH LARGER DEVELOPMENT, WHICH WAS DEVELOPED ALL AT THE SAME TIME.
AND THERE WAS A STORMWATER MANAGEMENT POND BACK THERE, WHICH W UH, WAS CAPITALIZED BY US AS PART OF A NON BUILDABLE, UM, PIECE OF THEIR LAND TO THE REST OF THE WORLD.
THEY SHOULD HAVE BEEN ABLE TO USE THAT IN THEIR CALCULATION OF GROSS ACREAGE TO COME UP WITH NET ACREAGE WHEN THEY PULLED THAT OUT.
BUT WE HAD TO LOOK AT THEM AND SAY, WELL, ONCE YOU PULL THAT OUT, YOU HAVE TO CALCULATE AGAIN.
AND THEN IT TALKED ABOUT THE NUMBER OF UNITS THEY HAD, WHICH MEANT, UH, HOW MUCH PARKING THEY NEEDED.
AND WE WENT BACK AND FORTH AND BACK AND FORTH.
AND THIS STUFF LIKE THIS WOULD HAVE HELPED US AT THE TIME, BUT THIS IS NOT A CHANGE IN POLICY.
THIS IS JUST, UM, FOR MY TASTE, WHEN WE BRING BACK TEXT AMENDMENTS, IF WE BRING BACK ALL OF THESE, EVEN IF WE ONLY BRING BACK ONE OF THESE, UM, I ALWAYS WANT TO EXPAND DEFINITIONS SECTION THE DEFINITION SECTION SHOULD BE THE LONGEST CHAPTER IN ANY ZONING PERIOD, ANYWHERE YOU SHOULD DIVINE DEFINE EVERY THIRD WORD IN EVERY ORDINANCE THAT YOU HAVE.
I MEAN, JUST TO MAKE SURE THAT THERE'S NO LOST, UM, UH, UNDERSTANDING.
SO FURTHER CLARIFICATION IS GREAT.
WE SHOULD DO A LOT MORE OF ANYONE ELSE.
I'M GOING TO SKIP THE MULTIFAMILY RESIDENTIAL ONE FIRST.
I'M GOING TO GO DOWN TO TOWNHOUSE, LIKE AS THE MULTIFAMILY RESIDENTIAL TIES INTO THE SECTION 53, 4 43.
SO, UM, TOWNHOUSE, UM, IT'S A SIMPLE EDIT.
THE REASON WHY WE'RE CHANGING IT FROM THREE TO FOUR OR WANT TO IS BECAUSE ELSEWHERE AND OUR ZONING CODE WHERE IT TALKS ABOUT TOWNHOMES, IT SPECIFICALLY SAYS IT'S A MINIMUM OF FOUR ATTACHED SIDE-BY-SIDE UNITS.
SO THIS IS WHERE JUST CHANGING IT.
SO THERE'S NO MORE DISCREPANCY THAT'S IT ON THIS.
AND WE JUST WANTED TO BRING IT FORWARD AND LET Y'ALL KNOW WHAT WE WANT TO DO.
SO WE DON'T HAVE BREAKS WITH PEOPLE LINED UP.
AND WHAT IS IT, IF IT'S NOT A THREE OR A TWO OR A FOUR, IT'S A THREE SINGLE FAMILY, DUPLEX TRIPLEX QUADPLEXES ARE A THING NOW FOR SIDE-BY-SIDE ALL ON GRADE, IN A SQUARE WITH A SHARED LITTLE GARDEN IN THE MIDDLE.
UM, BUT THESE ARE TYPICALLY THE ONES THAT ARE, THAT SHARE A WALL OR TWO, DEPENDING ON THE LOCATION.
[00:30:02]
SO, UM, THE MULTI-FAMILY RESIDENTIAL RESTRICTED, UH, CURRENTLY SAYS IT'S FOR FIVE, UH, UM, MAXIMUM APARTMENTS PER BUILDING.UM, AND WE, AND I THINK IT WOULD BE NICE TO CHANGE IT TO 10 MAXIMUM.
SO THE ONLY TIME YOU SEE A REFERENCE OF MULTI-FAMILY RESIDENTIAL RESTRICTED IS IN SECTION 53 DASH 4, 4 3 IN THE CBD TO CENTRAL BUSINESS DISTRICT.
AND THE REASON WHY I THINK IT'S A GOOD IDEA TO, UH, UP AT, TO ESSENTIALLY DOUBLE THE AMOUNT OF UNITS ALLOWED FROM FIVE TO 10 IS TO HELP WITH, UH, DEVELOPERS PRO FORMA IN SHORT.
SO WHEN YOU'RE, WHEN YOU'RE TRYING TO BUILD OR DESIGN A BUILDING OR SOME SORT OF DEVELOPMENT, YOU HAVE TO MAKE SURE YOUR NUMBERS WORK.
AND WHEN YOU LIMIT THE MAXIMUM AMOUNTS OF WAYS THAT YOU CAN MAKE MONEY OFF OF IT, THE HARDER IT IS TO DEVELOP SOMETHING, EVEN IF THE CITY IS ENCOURAGING IT.
SO IN DOWNTOWN KYLE, UM, CERTAINLY STAFF AND THERE ARE, UH, A COUPLE OF COUNCIL MEMBERS THAT ARE IN SUPPORT OF HAVING MORE VERTICAL MIXED USE IN DOWNTOWN KYLE, WHICH YOU CAN DO BY RIPE ALREADY IN THE CBD TO ZONING DISTRICT.
YOU CAN HAVE COMMERCIAL ON THE BOTTOM FLOOR AND YOU CAN HAVE RESIDENTIAL ON FLOORS.
YOU CAN HAVE UP TO FOUR STORIES IN DOWNTOWN KYLE BY RIGHT, BUT YOU CAN ONLY HAVE FIVE UNITS PER BUILDING.
AND THOSE ARE A MINIMUM OF 500 SQUARE FEET.
SO IF YOUR VERTICAL MIXED USE IS EXTREMELY EXPENSIVE AND TO HELP DEFRAY THE COST PER UNIT, I'M PROPOSING THAT WE INCREASE IT TO 10.
UM, THAT'LL HELP BE ABLE TO FILL UP THE SPACES ON THOSE FLOORS.
UM, FROM A RESIDENTIAL STANDPOINT, UM, YOU GET MORE PEOPLE LIVING DOWNTOWN, BEING ABLE TO, UM, YOU KNOW, B GO SHOP AT THE STORES DOWNTOWN, GO TO THE PIE COMPANY, GO TO ANYTHING THAT'S DOWNTOWN AND BE ABLE TO HELP THOSE BUSINESSES AND ENJOY A WALKABLE AREA.
SO, UH, AS A COMPONENT WITH THAT, I'M ALSO ASKING IN SECTION 53 DASH 4, 3 3, 4, 4, 3, TO HELP BETTER ALIGN THE CVD TWO ZONING DISTRICT WITH ALSO THE BUILDING CODE.
AND I DID TALK WITH OUR BUILDING.
THEY'LL JUST TO MAKE SURE THAT THIS MAKES SENSE TO SOME EXTENT IT WOULD BE GOOD.
GENERALLY, IF WE HAVE ONE MULTI-FAMILY DWELLING UNITS ON THE GROUND FLOOR, IN THE CVD TWO ZONING DISTRICT, UH, AND THAT WAY TO COMPLIES BETTER COMPLIANCE WITH THE FAIR HOUSING ACT, WHICH ALLOWS FOR, UM, ADA COMPLIANCE.
SO YOU HAVE A GROUND FOR DWELLING UNIT THAT'S ADA COMPLIANCE.
SO YOU CAN HAVE PEOPLE WHO, WHO HAVE A HARDER TIME GETTING AROUND OR IN A WHEELCHAIR, OR WHAT HAVE YOU BEING ABLE TO LIVE DOWNTOWN.
IT ALSO TIES INTO THE IDEA THAT IF YOU'RE UNDER A NUN, A NUMBER OF CERTAIN UNITS IN A BUILDING, AND YOU HAVE A GROUND FLOOR UNIT, THERE'S A LESS LIKELY CHANCE THAT YOU HAVE TO BUILD AN ELEVATOR TO THE FLOORS ABOVE A FOUR SECOND THROUGH OR TWO THROUGH FOUR, WHICH IS EXTREMELY EXPENSIVE AND IS POTENTIALLY COST PROHIBITIVE, LIKE SIGNIFICANTLY FOR BUILDINGS IN DOWNTOWN KYLE, BECAUSE THE LOTS ARE SO SMALL AND THE, AND THE, UM, THE PROPERTY VALUES AREN'T AS HIGH AS WE WOULD LIKE THEM TO SEE TO SOME EXTENT TO MAKE THIS STUFF MORE, UM, DOABLE.
SO IF WE, IF WE FIGURED OUT A WAY TO MAKE THE CODE COMPLIANT WITH THE BUILDING CODE, TO MAKE IT LESS EXPENSIVE, TO BUILD SOMETHING THAT WE WANT TO ENCOURAGE DOWNTOWN, WE SHOULD.
AND THAT'S HOW THESE TWO TIE TOGETHER INCREASE THE DWELLING UNIT AMOUNT PER BUILDING, AND ALLOW A GROUND FLOOR UNIT TO COMPLY WITH THE FAIR HOUSING ACT.
UM, THAT BEING SAID, WE CAN SAY, LET'S PUT THE DWELLING UNIT THAT'S ON THE GROUND FLOOR AT THE REAR OF THE BUILDING.
A LOT OF THE, UM, IN DOWNTOWN KYLE THERE'S ALLEYS EVERYWHERE.
SO IF YOU'RE, IF YOU'RE BUILDING A BUILDING, THERE'S GOING TO BE REAR ACCESS, THERE'S GOING TO BE, UM, PARKING BACK THERE TO SOME EXTENT AS WELL.
SO WE WANT TO PRESERVE, UH, THE FRONT OF THE BUILDING FOR COMMERCIAL PURPOSES, WHETHER IT BE AN OFFICE RESTAURANT RETAIL OF SOME SORT THAT'S ALLOWED ALREADY.
SO WE NEED TO HAVE THIS IN THE BACK, AND THAT'S THE WAY TO MAKE IT ADA COMPLIANT AND ALSO PRESERVE THAT PRIME REAL ESTATE ON THE GROUND FLOOR.
UM, THAT'S, THAT'S MY SPIEL ENOUGH.
UH, DO YOU HAVE ANY QUESTIONS? I, A COUPLE, UM,
[00:35:01]
FOR SURE.WHY, WHY IS THE LIMIT FIVE NOW? WHY IS THERE A, WHY IS THERE A LIMIT OR WHY DO WE NEED TO LIMIT IT? WHY DON'T WE JUST, OR WHAT KEEPS US FROM DOING AWAY WITH IT? WHAT'S THE RATIONALE BEHIND THAT I'M NOT PUSHING FOR THAT.
I'M JUST TRYING TO UNDERSTAND WHY IT'S RESTRICTED TO BEGIN WITH.
WE DON'T KNOW IT'S BEEN WRITTEN, UH, SINCE 2003.
UM, IF YOU'RE LOOKING AT A SQUARE FOOTAGE OF A SINGLE FLOOR AS STANDARD LAW DOWNTOWN IN CVD, TWO IS 25 FEET WIDE AND 115 FEET DEEP.
AND IF YOU TAKE THE ENTIRE SQUARE FOOTAGE OF THAT, THAT'S 28 75, 2,875 SQUARE FEET.
AND IF YOU TRY TO BUILD FOUR STORIES, THAT'S A REALLY BIG APARTMENT, UM, ON EACH, ON EACH LEVEL, UM, AT MOST OF YOU PROBABLY GONNA BUILD LIKE PROBABLY FOUR, MAYBE FIVE APARTMENTS.
THAT'S, THAT'S AS BIG AS THAT'S AS BIG AS MY HOUSE, OR EVEN BIGGER THAN MY HOUSE.
AND I LIVE IN A SINGLE FAMILY DETACHED.
SO, UM, AND THEN MY HOUSE ISN'T HUGE EITHER.
SO TYPICALLY APARTMENT COMPLEX OR APARTMENT UNITS ARE SMALLER BECAUSE THEY'RE HIGHER DENSITY AND THERE ARE MORE URBAN LOCALES WHERE YOU HAVE SMALLER LOTS AND THERE SHOULD BE MORE DENSE, SO YOU CAN HAVE WALKABLE AREAS.
UM, BUT YEAH, WE DON'T, WE DON'T REALLY KNOW WHY IT'S FIVE RIGHT NOW.
UH, BUT PUSHING UP TO 10 IS BETTER.
IT'S PROBABLY NOT THE GREATEST, BUT IT'S BETTER.
AND IT ALSO IS PROBABLY WITHIN, HOPEFULLY IT'S SOMETHING THAT'S AMENABLE TO AN INCREASE IN DENSITY, BUT ALSO SOMETHING THAT DOESN'T, UM, SCARE PEOPLE.
IF, IF WE DO BRING IT FORWARD, HOPEFULLY THAT THE RESIDENTS AREN'T NECESSARILY, HOPEFULLY THEY'RE RELATIVELY COMFORTABLE WITH IT.
AND SO AS CITY COUNCIL, AND THEN JUST TO FOLLOW UP TO, UM, THE ONE MULTI-FAMILY DWELLING UNIT ALLOWED ON THE GROUND FLOOR, THE FAIR HOUSING ACT, WHAT IS THERE SOME PERCENTAGE OF HOUSING THAT HAS TO BE ADA COMPLIANT? DOES THAT TIE BACK TO THE NUMBER 10 IS WARNING? IT IS.
AND IT'S PART OF THE IT'S PART OF THE INTERNATIONAL BUILDING CODE.
SO IT WOULD HAVE TO COMPLY WITH THAT PERCENTAGE.
AND IT, I DON'T, I DON'T REMEMBER THE NUMBERS OFF HAND, BUT IT SHOULD WITH, IF YOU HAVE A MAXIMUM 10 UNITS, CAUSE THAT'S, THAT'S EASILY, OF COURSE THAT'S 10% OF THE, OF THE BUILDING.
THAT'S ADA COMPLIANT FROM A RESIDENTIAL STAND.
IS IT BETTER TO MAKE THAT A LITTLE BIT, JUST MORE STRAIGHT TO THE POINT THOUGH, SPEAK TO THAT ITEM C JUST SAY, MAKE IT IN COMPLIANCE WITH THE PERMIT, WHAT IS REQUIRED TO MAINTAIN COMPLIANCE WITH THE FAIR HOUSING ACT? UM, I DON'T KNOW THAT IT NEEDS TO BE IN THE CODE AT ALL.
I THINK IT CAN JUST, IT CAN BE, I MEAN, WE CAN PUT IT IN THE CODE BECAUSE THE FAIR HOUSING ACT, BUT I DON'T THINK WE NEED TO JUSTIFY WHY SOMETHING IS IN OUR CODE OR WHY IT'S NOT IN OUR CODE.
UM, CAN THEY PUT, UM, A UNIT ON THE GROUND NOW ANYWAY, IF THEY WANTED TO? NO, NOT IN, NOT IN THE, SO THAT'S WHY I SEIZED THERE TO GIVE THEM THE ABILITY TO MAKE THAT EXCEPTION.
SO WE MAKE IT THE IDEA IN A, IN A DOWNTOWN LIKE THAT IS, YOU'RE NOT GONNA WANT DWELLING UNITS ON THE GROUND FLOOR BECAUSE THEN YOUR DOWNTOWN JUST BECOMES AN APARTMENT COMPLEX DISTRICT.
RIGHT? YOU WANT, YOU WANT THE ACTIVITY ON THE GROUND FLOOR FOR FOLKS COMING IN WITH, YOU KNOW, POINT OF SALES? UM, THE ALTERNATIVE TO THIS, UM, AS FAR AS ALLOWING, UH, MULTI-FAMILY ON THE, ON THE GROUND FLOOR FOR MOBILITY, ACCESSIBILITY, UM, IS TO MAKE EVERYONE EVERY, UM, BUILDING HAVE A ELEVATOR, AN ADA ACCESSIBLE ELEVATOR.
IT'S A HECK OF A LOT CHEAPER TO JUST PUT THE UNIT ON THE GROUND FLOOR AND THEN HAVE STAIRWELLS WALK UPS THAT GO TO THE SECOND AND THIRD FLOOR.
AND FOURTH, IF YOU'RE CREATIVE WITH YOUR, UH, HEIGHTS.
UM, ALTHOUGH I THINK WE LIMIT IT TO 45 FEET AND THREE STORIES, BUT ANYWAY, UM, SO YEAH, THE ALTERNATIVE IS TO REQUIRE ELEVATORS, EVEN THOUGH THE BUILDING CODE ONLY REQUIRES ELEVATORS.
ONCE YOU GET TO FOUR, I WANT TO SAY THE FOURTH FLOOR AND ABOVE THREE STORIES ARE ALLOWED TO BE WALK-UPS.
SO, UM, THE ONLY THING ABOUT THIS THAT I, I, I WOULD TAKE OUT THE CODES THAT RE THE, THE CLAUSE THAT READS TO COMPLY WITH FAIR HOUSING.
IF WE'RE GOING TO ALLOW IT ON THE GROUND FLOOR, JUST DO SO, BUT JUST TO MAKE SURE IT DOESN'T FACE THE PUBLIC RIGHT-OF-WAY THAT IT, IT, IT, UH, TAKES ACCESS FROM, YOU KNOW, OTHER UTILITY SPACES.
SO WE, WE WILL BE WILLING TO PERMIT ONE UNIT SO THAT THEY CAN COMPLY WITH THE ACT THAT THEN KIND OF BECOMES A RESTRICTION ON THE NUMBER OF UNITS CAN BE PUT IN THERE.
CAUSE IT'S PROBABLY A PERCENTAGE TIE-IN LIKE, IS IT 10%? I DON'T KNOW WHAT IT IS.
UH, I DON'T EITHER, BUT I WOULD THINK THAT IT WOULD PROBABLY OPEN THE DOOR TO BEING ABLE TO PUT, UM, MULTI-FAMILY INTO A MIXED USE BUILDING.
AND THEN ONCE YOU HAVE THE ABILITY TO PUT THE MULTIFAMILY IN, YOU CREATED, UH, A SEPARATE REVENUE CHAIN, WHICH MAY INCENTIVIZE THE DEVELOPMENT OF THESE BUILDINGS
[00:40:01]
RIGHT NOW, IF THEY KNOW, WELL, I CAN'T, I CAN'T PUT IN MULTI-FAMILY BECAUSE I CAN'T PUT IN AN ELEVATOR.SO I WON'T BE ABLE TO GET THE, THE COMPLIANCE WITH THEIR HOUSING.
SO BASICALLY WHAT THEY'RE LOOKING AT IS COMMERCIAL OR NOTHING, AND MAYBE THEY'RE NOT COMMERCIAL BUILDERS.
SO WHEN WE, WHEN WE FREE UP, WHEN WE REMOVE RESTRICTIONS AND ALLOW MORE FLEXIBILITY IN THE MARKETPLACE, YOU MIGHT GET MORE PERSONS TO PARTICIPATE.
THE 10, I GUESS, SERVES AS A CAP, CAUSE YOU COULD HAVE AN ELEVATOR AND YOU COULD THEORETICALLY PUT MORE THAN 10 THERE, THE 10 AND THE DEFINITIONS UP ABOVE.
UM, I THINK WHAT WE WORKED OUT WITH THAT WAS JUST MATH.
WE JUST LOOKED AT THE SIZE OF BUILDINGS, LOOKING AT THEM AS BEING PROBABLY EIGHT, THE LOTS DOWNTOWN, OR, YOU KNOW, 60 FEET WIDE AND 90 FEET DEEP.
AND YOU DID THE MATH AND YOU FOUND OUT THAT, WELL, IF YOU'RE DOING THREE STORIES, YOU CAN GET AT LEAST THREE UNITS PER FLOOR, AND THEN YOU'RE GOING TO GET, UM, ONE UNIT ON THE GROUND FLOOR.
IS THERE A REASON? SO IN THE TOWNHOUSE IT SAYS FOR MORE DWELLING UNITS, WHY ON THE MULTIFAMILY? WHY DON'T WE JUST SAY TWO OR MORE DWELLING UNITS THAT ARE LOCATED ABOVE THE FIRST FLOOR, BECAUSE THIS IS ACTUALLY A MAXIMUM CAP AND THOSE OTHERS ARE MINIMUMS. RIGHT.
BUT DO WE HAVE TO HAVE A MAXIMUM, WE HAVE, WE HAVE A MAXIMUM NOW WE'RE JUST TRYING TO ELEVATE THE MAXIMUM.
AND THAT'S WHAT YOUR QUESTION THAT STARTED CHAIN WAS.
DO YOU KNOW WHY, WHY FIVE TRULY? WE CAN'T TELL YOU.
I CAN SPECULATE PARKING, PROBABLY GONNA BE AN ISSUE.
CAUSE WE DON'T, WE DON'T HAVE PARKING DOWNTOWN NOR DO WE REQUIRE IT.
UM, WASTEWATER AVAILABILITY, UH, WATER SERVICE.
I KNOW FOR THE FOLKS THAT LIVE DOWNTOWN, UH, AT, UH, UPPER FLOORS AND SOME OF THE STRUCTURES DOWNTOWN HAVE COMPLAINED IN THE PAST AT PEAK HOURS, AT LEAST THE LOW WATER PRESSURE IN UPSTAIRS SHOWERS AND BATHTUBS, BUT WILL THOSE BE NATURAL LIMITATIONS? WHEN THEY CAME IN TO GET THE PERMIT, YOU'D BE ASKING THEM ABOUT PARKING.
YOU'D BE AN ANALYZING WASTEWATER.
DO WE HAVE TO PUT AN ARBITRARY NUMBER ON IT? NOT THE DEVELOPER'S PROBLEM.
THE DEVELOPER'S GOING TO GO IN THERE AND BUILD AS MUCH AS THEY POSSIBLY CAN.
AND ANYTHING THAT DOESN'T HAPPEN BEYOND THAT IS SOMEBODY ELSE'S PROBLEM TO FIX NO WATER CALL THE CITY, NO PARKING CALL THE CITY.
SO, BECAUSE WE DON'T HAVE ANYTHING THAT SAYS THEY WOULD NEED TO REQUIRE THEY NEED TO PROVIDE PARKING.
WELL, OUR, OUR CODE SPECIFICALLY READS THAT THE PARKING IS DETERMINED.
UM, CASE-BY-CASE BY THE CITY COUNCIL.
SO CITY COUNCIL COULD REQUIRE THEM TO PROVIDE PARKS.
WELL I'M FOR DENSITY BECAUSE I COME FROM DOWNTOWN DEVELOPMENT.
SO I KNOW THAT THAT'S INCREDIBLY IMPORTANT.
SO YEAH, I SUPPORT THE, I SUPPORT THE DENSITY.
SO I'LL JUST, I'LL JUST THROW THAT IN.
BUT ONE THING I'D LIKE TO SEE TOO, UM, ON NUMBER C WHERE IT SAYS MULTIFAMILY FINALLY, FINALLY DWELLING UNIT IS ALLOWED ON THE GROUND FLOOR TO COMPLY WITH THE FAIR HOUSING ACT.
UM, IT SHOULD PROBABLY SAY THAT COMPLIES WITH THE FAIR HOUSING ACT.
SO THE UNIT HAS TO COMPLY WITH THE FAIR HOUSING ACT.
THAT'S, THAT'S THE ONLY RECOMMENDATION I WOULD MAKE, HAVE TO COMPLY TO THE FAIR HOUSING ACT, NO MATTER WHAT, WHETHER IT'S EXPLICITLY SAID AND WITH, UM, WITH HOUSING, UM, OR RETAIL, WHERE DOES LIKE TDLR AND ALL THOSE LIKE ACCESSIBLE PARKING SPOTS, DO THOSE COME IN WITH LIKE A NEW DEVELOPMENT, LIKE, YOU KNOW, HOW YOU HAVE TO HAVE A CERTAIN NUMBER OF PARKING.
I DON'T KNOW THE STATE'S REQUIREMENT FOR PROVIDING PARKING FOR DWELLING UNITS.
I DON'T KNOW IF THERE'S A, UH, YOU KNOW, WE DO IT IN KYLE, IN OUR MULTI-FAMILY DISTRICTS.
UM, I DON'T KNOW NECESSARILY IF THERE'S A HIGHER POWER THAT COMMANDS THAT THERE IS ACCESSIBLE OFF STREET PARKING FOR DWELLING UNITS.
BUT WHEN IT COMES TO RETAIL, BECAUSE I THINK AUSTIN HAS JUST, THEY DIDN'T, THEY RECENTLY JUST DO AWAY WITH PARKING FOR THE MULTI-FAMILY IN THEIR DOWNTOWN.
SO YOU CAN, YOU CAN NOW BUILD RESIDENTIAL MULTI-FAMILY UNITS DOWNTOWN WITHOUT A REQUIREMENT TO PROVIDE PARKING FOR THEM.
THE EXPECTATION WAS JUST PARK ON THE STREET OR TAKE A BUS OR ONE OF THOSE SCOOTERS OR WHATEVER.
UM, FIRST I DO AGREE WITH, WITH, WITH THE THOUGHT OF, TO STRIKE THAT, TO COMPLY WITH THE FAIR HOUSING ACT.
I THINK ONE MULTI-FAMILY DWELLING UNIT IS ALLOWED ON THE GROUND
[00:45:01]
FLOOR.THE DWELLING UNIT WILL BE LOCATED IN THE REAR OF THE BUILDING IS, IS, IS SUFFICIENT.
AND, AND THERE'S NO REASON TO ADD AND THEY'LL SEE IT.
SO IF THIS IS CBD TOO SPECIFICALLY, UM, I'M TRYING TO THINK OF, OF, YOU KNOW, POSSIBLE A FOUR STORY BUILDING IN CBD TO, UH, I'M MAYBE, MAYBE REMEMBERING INCORRECTLY, BUT LAST TIME WE LOOKED AT CBD ONE AND CB TWO, ONE THING I NOTICED WAS IMPERVIOUS COVER REQUIREMENT WAS VERY DIFFERENT FROM CBD ONE AND CBD TWO CB TWO W REQUIRED QUITE A BIT OF IMPERVIOUS COVER.
AND SO I, I THINK THAT, UM, I'M SORRY, ISR AND CBD TOO.
UH, I, AGAIN, I COULD BE MISREMEMBERING, BUT, BUT FROM WHAT I REMEMBER, I DON'T THINK A BUILDING LIKE THAT CAN BE BUILT TO THAT HEIGHT AND THOSE KINDS OF, LOT SIZES WITH THE IMPERVIOUS COVER THE WAY IT IS.
I DON'T MEAN TO PUT YOU ON THE SPOT.
ANYBODY WANT A 65, A LOT COVERED IN CBD TOO IS A HUNDRED, TWO ALSO HAS ZERO SETBACKS.
SO YOU CAN BUILD TO YOUR NATURAL BOUNDARIES OF YOUR, I FORGOT A HUNDRED.
CAN I FOLLOW UP THOUGH? IF WE TAKE THAT OUT THOUGH, THEY COULD PUT A UNIT ON THE BOTTOM FLOOR AND EVEN IF IT'S NOT REQUIRED BY THE FAIR HOUSING ACT, BUT THAT'S PROBABLY NOT AN ISSUE BECAUSE NO, ONE'S GOING TO WANT TO DO THAT IN THIS KIND OF DEVELOPMENT.
ANYWAY, THE ONLY REASON THEY'D PUT IT THERE IS TO COMPLY WITH THE FAIR HOUSING ACT.
THEY'LL PUT ANOTHER DRILLING IN IT.
I MEAN, IF THEY CAN LEASE IT, THEY'LL PUT A DWELLING IN IT.
THERE IT'S THE CITY THAT DOESN'T WANT TO ALL UNITS ON THE GROUND FLOOR.
DO WE NEED TO BE VERY SPECIFIC ABOUT IT BEING FOR THE PURPOSE OF COMPLIANCE WITH THAT? NO.
I WOULDN'T, I WOULDN'T BE, I JUST, JUST ALLOW IT.
WE JUST DON'T NEED TO, WE DON'T NEED TO JUSTIFY OURSELVES IN THE CODE.
IT'S JUST ANOTHER REASON THAT SOMEONE CAN CHALLENGE YOUR CODE.
IF THEY DIDN'T HAVE TO PUT ONE THERE TO BE COMPLIANT.
IF WE STRIKE THAT OUT, THEY COULD PUT ONE THERE.
WELL, THE KIDS PROBABLY VERY LIKE, YEAH, THE WAY IT WAS LIKELY THAT THEY WOULD PUT IT THERE IN MAYBE A COMPLIANT BECAUSE THEY DON'T WANT TO PUT IN AN ELEVATOR WHICH COSTS HUNDREDS OF THOUSANDS OF DOLLARS, AT LEAST DOZENS OF THOUSANDS OF DOLLARS.
FOR THE FOURTH, FOR THE FOURTH STORY, I GUESS I'M JUST WORRIED.
ARE WE GOING TO ALLOW THERE TO BE AN INSTANCE WHERE THEY WOULDN'T HAVE TO HAVE DONE THAT? AND WE COULD HAVE HAD ALL THE GROUND REZ, UM, RETAIL, BUT BECAUSE WE DIDN'T MAKE IT SPECIFIC, WE'VE GOT SOME PERSON THAT IS GOING TO GO AHEAD AND BUILD WHEN THEY'RE, WHEN THEY ABSOLUTELY DIDN'T HAVE TO.
AND WE LOSE OUT ON A LITTLE BIT OF RETAIL SPACE.
IT JUST, UM, SO THE WAY I'M CURRENTLY READING THIS, UM, AND IT SEEMS LIKE WE'RE, WE'RE ALL IN A KIND OF AGREEMENT TO STRIKE 53, UH, 4 43 C UM, IT LOOKS LIKE UNDER THIS, THAT WOULD GO TO 11 UNITS THOUGH, JUST TO, TO TELL YOU THAT, BECAUSE IT'S A C THE UNITS ALLOWED IN THE GROUND FLOOR, BUT ON THE DEFINITION THAT WE'RE CHANGING FROM FIVE TO 10, IT ONLY SPECIFIES THE THINGS THAT COUNT AS ABOVE THE GROUND FLOOR.
CAUSE DWELLING, DWELLING UNITS, TECHNICALLY THE CBD TWO STUFF IS A MIXED JUICE DISTRICT.
IT'S NOT A MULTI-FAMILY RESIDENTIAL.
WELL, BUT LET'S SEE RESTRICTED.
BUT WHILE THIS IS A DISTRICT, THIS IS THE, THE CBD TOO, AS A DISTRICT, THIS IS A ZONING DEFINITION.
BUT THE USE, THE, THE ONLY RESIDENTIAL USE ALLOWABLE IN CBD TWO IS MULTIFAMILY RESIDENTIAL RESTRICTED.
SO WHEN YOU'RE, WHEN YOU'RE TALKING ABOUT MULTI-FAMILY AND CBD TWO, YOU'RE TALKING ABOUT THAT DEFINITION.
UM, SO 10 OR IF YOU WERE DWELLING IN IT.
AND I THINK THAT'S BECAUSE WE HAD DECIDED THAT THERE WOULD BE AS MANY AS THREE UNITS, MAYBE FOUR UNITS PER FLOOR, IF IT'S THREE STORIES, UM, OR, OR POTENTIALLY MORE, DEPENDING ON THE WAY THAT THE MATH WORKED OUT.
BUT I STILL THINK THAT I STILL THINK THAT 10 WORKED OUT.
NO, I MEAN, I DON'T MEAN, I DON'T MEAN LIKE THE DEFINITION OF IT.
I MEAN, I DON'T MEAN LIKE THE, THE DIVIDING IT FOR THE THING.
I MEAN, LIKE IT SAYS IN THE THING 10 DWELLING UNITS, WHICH ARE LOCATED ABOVE THE FIRST FLOOR OF OUR STRUCTURE, BUT WITH THE ADA REQUIREMENT, IT WANTS IT ON THE FIRST FLOOR OF THE STRUCTURE.
DOES THAT SPECIFIC UNIT COUNT TOWARDS THE 10
[00:50:02]
OR WHERE ARE WE ESSENTIALLY ALLOWING 11 UNITS? IT COULD BE AS HIGH AS 11, I GUESS.IS THAT BAD? I DON'T, I DON'T, I DON'T THINK SO.
I WAS JUST, UH, CURIOUS IT'S INTENDED OR NOT 10 OR 11, EITHER ONE DOESN'T BOTHER ME.
UM, BUT, UM, IN THAT CASE I DIDN'T CATCH THE EDIT TO MAKE IT 2010 TOTAL.
SO IF IT'S BETTER AT 11, THAT'S FINE TOO.
IT LOOKS LIKE IT'S 5% THAT'S REQUIRED.
IF THIS WEBSITE IS LYING TO ME.
SO, AND I'M ACTUALLY READING THAT THERE IS NO REQUIREMENT.
OTHER THAN THAT, THE GROUND FLOOR UNIT MUST BE 100% ACCESSIBLE AND THAT'S IT.
SO IF THERE'S A GLAM GROUND FOR A UNIT THAT'S A HUNDRED PERCENT ACCESSIBLE, THEN IT IT'S, IT'S A COMPLIANT.
AND I THINK THE GO AROUND FOR THAT IS YOU CAN HAVE A HUNDRED PERCENT ACCESSIBLE UNIT ON AN UPPER FLOOR, BUT YOU'RE GOING TO NEED AN ELEVATOR TO GET THERE.
AND ONCE YOU TELL A DEVELOPER, OH, YOU'RE GOING TO NEED TO BUILD AN ELEVATOR.
SO IT'S BETTER IF THEY PUT IT ON THE GROUND.
SO THIS ACTUALLY SAYS BUILDING WITH MORE FOUR MORE UNITS THAT DOES NOT HAVE AN ELEVATOR IS COVERED.
ALL 100% OF THE GROUND, FOUR UNITS MUST BE ACCESSIBLE.
SO WHAT HAPPENS IF YOU TAKE AWAY THE GROUND FLOOR UNITS, THEN YOU'RE NO LONGER IN COMPLIANCE, RIGHT? YUP.
SO THEN THE 10 AND THE ONE SHOULD BE FINE.
IF YOU ADD 10 ON TOP AND THE ONE ON THE, IT SHOULD BE FINE, SHOULD BE FINE.
IT'S JUST AN ACKNOWLEDGEMENT THAT, YOU KNOW, WE'RE ALLOWING 11 WITH THE 10 AND THE ONE THAT'S ALL ONE, ONE, 100% EQUALS ONE, SO RIGHT.
I'M JUST TALKING OUT LOUD HERE TRYING TO HOPEFULLY BE HELPFUL.
ARE YOU GOING TO TAKE OUT THAT, UM, REFERENCE TO THE FAIR HOUSING ACT BEFORE YOU SEE IT AGAIN? PROBABLY.
UM, MOVING RIGHT ALONG, UH, WE HAVE SECTION 54 5, UM, NOTE WALL ONE, UH, CURRENTLY IT READS IN THE, CURRENTLY REACHED TWO, THREE INCH TREES, UH, THAT ARE IN THE FRONT PROPERTY LINE TO THE FRONT TWO CORNERS OF THE STRUCTURE.
AND THIS IS FOR SINGLE FAMILY AND DUPLEX HOUSES, TRIPLEX AND FOURPLEXES.
UM, SOMETIMES DEPENDING ON THE ZONING DISTRICT OR HOW THE DEVELOPER ALSO BUILDS OR MIX THE LAS BIG ENOUGH OR NOT.
UM, THERE'S REALLY NOT ENOUGH ROOM FOR TWO TREES IN THE FRONT YARD.
AND STAFF HAS SOME LEEWAY TO ADMINISTRATIVELY APPROVED SOME VARIATIONS, BUT WE WANTED TO ACTUALLY PUT A WRITTEN IN CODE TO WHERE WE ACTUALLY HAVE SOME SPECIFIC GUIDELINES.
IF THERE'S NOT ENOUGH ROOM, LET'S DO THIS OR YOU'RE ALLOWED TO DO THIS.
SO THEY STILL NEED A TOTAL OF TWO, THREE INCH CALIPER TREES, UM, PER RESIDENTIAL LOT, GENERALLY INSTEAD OF TWO IN THE FRONT YARD, UM, YOU CAN PLANT ONE IN THE BACKYARD, ONE IN THE FRONT YARD, YOU CAN KEEP ONE IN THE BACKYARD.
MAYBE THE REMAINING TREE, UM, CAN ALSO EITHER BE IN THE PUBLIC ROW AND THE PLANTING STRIP, OR IF IT'S A PRIVATE STREETS, IT CAN BE, IT WOULD BE AN ACCESS EASEMENT.
UM, BUT THIS GIVES A LITTLE BIT MORE FLEXIBILITY.
SO THERE'S NOT AN UNDUE CROWDING OF TREE CANOPIES AT MATURITY.
UM, PLUM CREEK IS A PRIME EXAMPLE, UM, AND A LOT OF MATURE TREES AND THE, ESPECIALLY IN THE ORIGINAL SECTIONS.
UM, BUT THERE IS A LOT OF CROWDING ON THE SMALL FRONT YARDS WITH LOTS OF TREES, THEM AND STREET TREES.
SO THIS IS A WAY TO BE MORE JUDICIOUS AND IN, IN THE COST OF PLANTING TREES AND ALSO MAKING SURE THAT THE TREES HAVE ADEQUATE AREA TO GROW, UM, WHICH IS ALWAYS A GOOD THING.
WHAT DO Y'ALL THINK YOU HAVE LAWN GRASS LISTED IN THERE IS THAT TO AVOID ZEROSCAPING IN THE FRONT
[00:55:01]
YARD OR WHAT THAT IS PART OF OUR CODE AS IT CURRENTLY IS, UM, WE DO REQUIRE, UM, WE COVER, UM, THAT'S DROUGHT RESISTANT PRIMARILY.CAUSE WHENEVER YOU BUILD A NEW HOUSE FOR YOUR CBO, IT, YOU GOTTA HAVE AREAS COVERING THE, THE BARE DIRT.
YOU HAVE TO GET TO HAVE A STABLE STAND OF SOME TYPE OF TURF GRASS, OR OTHER WAYS TO STABILIZE THE LAWN BEFORE YOU GET A CEO.
AND THE FASTEST WAY TO DO THAT TYPICALLY IS FOR SOD, BUT THEY CAN, THEY CAN PUT DOWN SEED AND TACK AND IT, UM, AND, UM, BUT YOU'RE, YOU'RE GOING TO HAVE TO HAVE, UH, A STANDARD TURF BEFORE YOU GET A CEO THAT'S IN THE BUILDING CODE.
NOW THE ONE AND I LOST ON THIS LAST TIME, MICHELLE WAS HERE.
MICHELLE WAS THE ONLY ONE THAT WAS HERE WHEN MIKE WAS RUNNING THE LANDSCAPE AND THE ARBORIST CAME TO TOWN.
THIS WAS ONE OF THE FIRST THINGS I EVER WORKED ON WHEN I CAME HERE AND IT USED TO BE, IT USED TO BE A FOUR-INCH TREE WHEN I GOT HERE, RIGHT? THE REQUIREMENT FOR LANDSCAPING OR PROPERTY REQUIRED THAT WHEN TREES WERE INSTALLED, THEY HAD TO HAVE A FOUR INCH CALIPER, FOUR INCHES FROM ONE SIDE TO THE OTHER, THAT'S IT, THAT'S AN OLD FAT TREE.
NO, WITHOUT GOING INTO THE DETAILS, THE YOUNGER A TREE IS WHEN IT GOES IN THE GROUND, THE MORE CHANCE IT WILL HAVE OF SURVIVABILITY, THE MORE CHANCE IT WILL HAVE TO HARDY OFF.
AND HERE'S A PRO TIP FOR YOU PLANT STUFF IN OCTOBER AND NOVEMBER, DON'T PLANT IT IN MARCH AND APRIL BECAUSE IT'LL HAVE THE OPPORTUNITY TO GET ROOTED, GET ACCLIMATED TO ITS LOCATION BEFORE THE HEAT OF THE SUMMER COMES OUT THE NEXT YEAR.
IF IT'S TRYING TO DO ALL THOSE THINGS, THE HARDY OFF AND GET ACCLIMATED AND PUT UP WITH A TEXAS SUMMER, IT'S NO SURPRISE THAT MOST OF THE STUFF GOES IN THE GROUND WITH DYES.
WE STILL HAVE THREE INCHES IN HERE.
MY, I BEGGED FOR TWO, I BEGGED FOR TWO INCH TREES.
I WAS WILLING TO COMPROMISE THE TWO.
AND THAT WAS THE BEST I COULD DO.
I AM GOING TO, AGAIN, RAISE MY HAND.
I AM COMING TO YOU AGAIN AND ASKING FOR THE PERMISSION THAT WE CAN GO FROM THREE INCH TREES, WHICH ALSO HAVE A, UH, ANOTHER PROBLEM IS THAT SUPPLIER'S NURSERIES.
DON'T HAVE A LOT OF THREE INDUSTRIES IN STOCK.
MOST PEOPLE ARE BUYING SMALLER TREES THAN THAT.
AND THEY REALIZED THAT ONCE THE TREE GETS OLDER THAN THAT, A LOT OF THEM THEY'LL JUST SHIP THEM.
THAT JUST, THEY DON'T NEED THEM, OR THEY'LL GIVE THEM AWAY TO SOME OTHER PLACE LIKE A PARK OR SOMETHING TO THAT EFFECT.
NOT A LOT OF PEOPLE BUY THREE TREES LIKE THAT.
SO, UM, UM, UM, I WOULD ASK THAT WE HAVE THE, THE, UH, WE ALREADY HAVE THE AVAILABILITY FOR THEM TO BOND LANDSCAPE INSTALLATION AND THEY CAN DO IT AT THE APPROPRIATE TIME OF YEAR.
I DID, I DID GET THAT PUT IN THERE, WHICH IS NICE.
SO IF YOU FINISH YOUR HOUSE IN APRIL, YOU CAN ACTUALLY MOVE IN.
IF YOU'VE GOT SOD THERE, THAT'S BEING WATER DAILY.
YOU DON'T HAVE TO PUT IN ALL THE TREES IN THE SHRUBS, YOU CAN DO IT IN A SEPTEMBER, OCTOBER.
YOU JUST POST A BOND WITH THE CITY.
AND THEN WHEN YOU DO THE INSTALLATION, WE RELEASE THE BOND.
UM, BUT I I'D LIKE TO SEE THAT WHERE IT READS A TOTAL OF TWO, THREE INCH TREES ARE REQUIRED.
I'D RATHER BE A TOTAL OF TWO, TWO INCH TREES BE REQUIRED.
SO I THINK THAT THAT'S STANDARD, I MAY NEED YOU'D HAVE MY SUPPORT 100%.
I MEAN, I DO THIS FOR A LIVING RIGHT.
MAX IS WHAT WE PUT IN OUR FRONT YARDS FOR OUR, FOR OUR HOMES, BECAUSE OF THAT REASON.
THEY, THEY, THEY, UH, ROUTE PROPERLY AND OUR REPLACEMENTS ARE REQUIRED TO BE THREES TOO.
SO WHEN YOU PUT IN THREES AND THEY DIE, IF YOU WANT TO REPLACE THOSE, YOU'RE NOT GOING TO BE CREDITED WITH ANYTHING LESS THAN THREE INCHES.
I'M GONNA GO WITH YOU AND, UH, GO WITH THE TWO-INCH INCH, LIKE TO ARGUE WITH YOU.
SO YOU'RE, YOU'RE THE EXPERT ON IT.
IT'S THE LONG CON AND YOU RALLY I ELLIE, CAN I ASK WHAT THE, UM, WHAT THE OPPOSITION WAS? SO THE LAST TIME AROUND THEY WANTED IMPACT IMMEDIATELY, THE EXPECTATION WAS IF IT'S NEW, IT NEEDS TO LOOK GOOD ON DAY ONE AND DAY ONE THROUGH FOUR PROBABLY WOULD LOOK PRETTY GOOD, BUT THEN THERE'S LEAVES WOULD START TO LIKE START TO DROOP AND FLAG.
CAUSE THE ROOTS WEREN'T THERE, YOU KNOW, FOR THE UPTAKE AND BUY, YOU KNOW, BY DAY 41, THEY WERE PROBABLY LOOKING PRETTY BAD AND THEN THEY DIE.
UM, AND IT WOULD LOOK LIKE THAT.
SO I THINK THEY WANTED MORE IMPACT SOONER AND STICKS BEING PLANTED IN THE GROUND, ESSENTIALLY.
I REALLY DIDN'T WANT TO SEE ANY TINY LITTLE WHIPS PUT IN THE GROUND.
UM, BUT THAT LITTLE SOAP BOX NOW THAT I'M DOWN, UM, AND I'LL WALK AWAY FROM THAT.
IT'S ACTUALLY NOT ONE OF THE MORE IMPORTANT PARTS OF WHAT'S LISTED HERE AS BEING UNDERLINED AND IN BLUE, THIS IS A PRETTY SIGNIFICANT DERIVATION FROM, UM, THE CITY'S PROCESSES UP TILL NOW IN THAT WE WILL ALLOW TREES TO BE PLANTED IN THE RIGHT OF WAY.
[01:00:01]
WE WOULDN'T NECESSARILY GIVE CREDIT FOR THE DEVELOPMENT OF PRIVATE PROPERTY, WITH IMPROVEMENTS IN THE ADJACENT RIGHT OF WAY.UM, WE DO HAVE CODE LANGUAGE NOW THAT READS THAT, UM, PLANT MATERIAL ADJACENT TO YOUR PROPERTY IN THE RIGHT OF WAY AS YOURS RESPONSIBILITY TO MAINTAIN, RIGHT.
THAT STRIP OF GRASS BETWEEN THE CURB AND THE SIDEWALK IN FRONT OF YOUR HOUSE RIGHT NOW, YOU CAN'T JUST LOOK AT THAT AND GO, NAH, THAT'S RIGHT AWAY.
I'M NOT GOING TO CUT THAT YOU ARE.
OR YOU'RE GOING TO GET A VISIT FROM CODE COMPLIANCE.
PEOPLE ACTUALLY DO THAT ALL THE TIME.
OR, OR THEY GO OUT THERE AND THEY SAY, I'M TIRED OF MOWING THIS.
SO THEY TAKE UP ALL THE SIDE AND THEY PUT MULCH DOWN OR THEY PUT SOME ANNUALS OR PERENNIALS DOWN OR THEY DO ANYTHING ELSE THAT DOESN'T REQUIRE THEM TO CUT THAT GRASS.
AND SIMILARLY, UM, THREE, THREE MAINTENANCE IS, IS THE REQUIREMENT OF THE ADJACENT PROPERTY.
SO, UM, TREE MAINTENANCE IS A LOT LESS OFTEN.
SO MOST PEOPLE DON'T PAY THAT ATTENTION TO IT.
SO WHAT WE'RE SAYING HERE IS A, IS A REASONABLE ACCOMMODATION FOR THE DEVELOPMENT OF THESE PROPERTIES.
AND I DON'T THINK IT SHOULD BE LOOKED AT AS AN EXACTION.
IT'S NOT A STIPEND BECAUSE AT THE END OF THE DAY, WE COULD REQUIRE THEM TO PUT IT BACK ON THE PRIVATE PROPERTY, BUT WE RECOGNIZE THAT THAT'S NOT HELPING ANYBODY.
THERE WAS NO REASON, EVEN THE HOUSE THAT I MOVED INTO IN HOMETOWN WHEN I CAME, HAD TWO TREES IN THE FRONT YARD, BOTH BRADFORD PEARS, BECAUSE I'M SURE THAT'S WHAT WAS ON SALE THAT WEEK.
SO THEY PUT THEM IN THE GROUND.
THEY'RE PRETTY HEALTHY GROWERS.
AND IN THIS CLIMATE, THEY HAD A LONG GROWING CYCLE.
THEY GREW INTO EACH OTHER, YOU KNOW, WITHIN THE FIRST FOUR YEARS.
AND TWO OF THOSE TREES WAS NOT TENABLE AND SURE ENOUGH, ONE OF THEM IS GONE NOW.
UM, SO THIS, THIS IS SOME COMMON SENSE LEGISLATION THAT I'LL CALL IT.
UM, THAT STILL GETS US CITYWIDE.
IT'S STILL, STILL GET THE SAME GROSS EFFECT OF, OF, UH, URBAN TREE CANOPY.
OH, I WAS JUST GOING TO SAY, I LIKED THE, UM, THE, ONE OF THE TREES CAN BE IN THE PUBLIC RIGHT AWAY AND THE OTHER ONE CAN BE IN THE BACKYARD.
UM, I HAVE THREE OAK TREES IN MY FRONT YARD AND YEAH, IT'S KIND OF A NIGHTMARE WITH THE CANOPIES AND ALSO, UM, MAJOR ISSUES WITH THE SEWAGE AND, UH, ON A PLANTATION OR SOMETHING TO HAVE A FRONT YARD THAT BIG THAT'LL FIT THREE HUGE OAK TREES IN IT.
I LIVE ON A TINY LITTLE BOAT PLUM CREEK FIRST PHASE.
I THINK THERE'S, THERE WERE FOUR OAK TREES IN THE BACKYARD WHEN I MOVED IN AND MY SEVEN TREES.
AND THEN TWO, TWO FRUIT TREES THAT ARE NOW DEAD TOO.
SO IT'S THE WHOLE BACKYARD IS LIKE THIS.
AND THEN THE FRONT YARD, IT'S JUST, THE ROOTS ARE THE MAJOR THINGS.
OH, YOU DON'T CUT A LOT OF GRASS THOUGH.
SHE GETS THAT HOA VIOLATION FOR NOT HAVING GREEN GRASS THOUGH.
BRINGING IT INTO THE, UM, RIGHT AWAY IS, IS NICE.
CAUSE THAT'S ACTUALLY THE ONE REALLY GOOD TREE THAT WE HAVE.
THE OTHER ONES ARE BEAUTIFUL, BUT CAUSE A LOT OF, A LOT OF ISSUES WITH THE GROUND SIDEWALKS AND THE SEWERS.
AND IT WON'T BE A BLANKET PERMISSION.
I KNOW A LOT OF PEOPLE GET TIED UP IN, IN, IN CODE.
SO THE, YOU KNOW, THE, THE ZONING CODE IS, IS, IS CAN WE, UM, BUT THERE'S NOT A LOT OF, HOW CAN WE, UM, THE, THIS, THIS WILL GIVE YOU PERMISSION TO PUT THEM IN THE RIGHT OF WAY OR OTHER EASEMENTS.
WE'RE STILL GONNA LOOK AT THEM AND MAKE SURE THAT UTILITY CORRIDORS AREN'T, YOU KNOW, BEING, THERE'S NO CONFLICT.
I DON'T WANT YOU TO PUT UP A WILLOW RIGHT OVER THE WIRELINE.
I'VE SEEN SOME OUTSTANDING, VERY HEALTHY, WILLOW TREES.
WHEN I WAS BACK IN GEORGIA, SOME ASTRONOMICAL WATER BILLS AND THEY WERE JUST SCRATCHING THEIR HEAD.
NO IDEA WHERE ALL THAT WATER WAS GOING.
UM, SO YEAH, W WE LOOK AT CONFLICTS AND INTERFERENCE LIKE THAT, BUT JUST, UM, THIS IS GOOD POLICY.
DO YOU TAKE INTO CONSIDERATION, LIKE, AS YOU SAID, THE SIZE OF THE LOT, THERE'S A SECTION IN PLUM CREEK THAT'S CALLED, THAT'S CALLED GARDEN HOMES IN PENINSULA THAT ONLY HAVE A FIVE FOOT.
I MEAN, THE BUILD TO THE FIVE FOOT.
SO THEY HAVE FIVE FEET AND BACK AND THE BUILDER HAS ACTUALLY PUT OAKS.
SO THE TRUTH IS, IT'S AN, IT'S A UNPOPULAR OPINION, BUT THE TRUTH IS THAT, UM, SITE SELECTION IS PARAMOUNT WHEN YOU'RE PUTTING PLANT MATERIAL INTO THE GROUND.
AND THE FIRST 10 YEARS OF MY, NO, NOT 10.
ABOUT 10 YEARS, NINE YEARS OF MY CAREER, I WORKED FOR A LANDSCAPE COMPANY.
UM, THERE IS ALWAYS THE RIGHT PLANT FOR THE RIGHT PLACE.
HOWEVER, THE BUILDING COMMUNITY THAT IS NOT THEIR MOTIVATION, THEIR MOTIVATION IS TO CALL UP THE NURSERY OR THE GROWER THAT WE CAN SAY, HEY, WHAT'S MOVING, WHAT'S ON SALE.
YOU KNOW, WHAT, WHAT KIND OF DEALS DO YOU HAVE FOR ME? BECAUSE YOU KNOW, THIS IS THE THIRD WEEK IN JUNE, BY JUNE THE 30TH, I'M GOING TO BE PUTTING IN,
[01:05:01]
YOU KNOW, 40 SHADE TREES.WHAT CAN I GET NEXT WEEK IN AROUND 40 SHADE TREES? WHAT DO YOU HAVE? THEY DON'T CARE.
SO THAT GUY ON THE PENINSULA WAS ABLE TO GET OAK TREES, DIRT CHEAP, AND GUESS WHAT? Y'ALL GOT OAK TREES NOW EVERYBODY'S GOT ONE, NOT ME, BUT EVERYBODY'S GOT ONE.
YEAH, SUPER COMMON, REALLY COMMON WITH TRACT BUILDERS, REALLY COMMON WITH VOLUME BUILDERS.
UM, YOU, YOU NEED TO GET TO INDIVIDUAL ARCHITECTS, INDIVIDUAL LANDSCAPE ARCHITECTS, INDIVIDUAL CUSTOM HOME TYPE STUFF, WHERE THEY LOOK AT YOUR SITE COMPREHENSIVELY, INCLUDING THE GINGERBREAD THAT GOES ON AT THE END, AS FAR AS WHAT SHRUBS SHOULD GO IN.
I MEAN, I HAD A CLIENT ONCE THAT WANTED NOTHING BUT WARM COLORS IN THE FRONT YARD AND COOL COLORS IN THE BACKYARD BECAUSE HE WANTED TO, YOU KNOW, HE WANTED PEOPLE TO BE ENERGIZED WHEN THEY LOOKED AT HIS HOUSE AND SEE ALL THE PINK HERE AND THE RED THERE AND THAT, BUT WHEN HE WENT OUT HIS BACK DOOR AND SAT IN HIS BACKYARD, HE JUST WANTED BLUES AND GREENS AND WANTED TO BE REAL COMP.
IMAGINE, IMAGINE THE LEVEL OF DETAIL THAT WAS REQUIRED OF THAT OWNER.
WELL, I KNOW IN MY, IN MY PLANTING BED, WHICH WAS LIKE SIX BY 10, MAYBE, YOU KNOW, AT THE FRONT HOUSE, AT THE FRONT HOUSE THAT THEY HAVE TO PUT IN AND THEY HAVE TO PUT IN THE SHRUBS, I GOT THREE ROWS PLANTED, 12 INCHES APART OF TEXAS, SAGE AND INDIAN.
THEY'RE ALL MASSIVE HEDGES THAT ARE GOING TO BE 12 FEET.
SO, UM, ANYWAY, THIS CODE CAN ONLY DO SO MUCH.
UH, I GET PEOPLE ALL THE TIME SAYING, WHAT, WHAT TREES CAN WE PLANT? WHAT TREE SHOULD WE PLANT ALL CONSTANTLY ASKING THE CITY, GIVE US THE LIST OF TREES THAT YOU'LL PUT IN THE GROUND.
I GAVE HIM A LIST OF BASICALLY TEXAS NATIVES.
I'M LIKE, JUST GRAB ONE OF THESE AND FIGURE IT OUT.
UM, I HOPE THEY DON'T PUT SOMETHING.
THAT'S GOT AN 80 FOOT SPREADS, 50 FEET HIGH, YOU KNOW, RIGHT ALONG THE SIDEWALK AND A SUBDIVISION.
I CAN'T GUARANTEE THEY WON'T, UH, I HOPE THEY PUT SOMETHING THAT'S TALL AND UPRIGHT, YOU KNOW, THAT, THAT LEAVES ROOM FOR EVERYBODY, BUT I CAN'T GUARANTEE THEY WILL.
UM, WE MAKE THE STADIUM, THEY PLAY THE GAME.
UM, JUST TO CLARIFY, UM, WHEN YOU SAY RIGHT AWAY HERE IN KYLE AND THE STATE OF TEXAS, WHERE EXACTLY MY TIE FIND THAT I DON'T KNOW ANYBODY WHO OWNS A HOUSE IN, IN TEXAS.
I, I KNOW WHAT IT WOULD BE LIKE IN KANSAS, BUT I DON'T KNOW HERE SPECIFICALLY.
I JUST WANNA CLARIFY FROM HER, WHERE WOULD YOU FIND IT ON YOUR PROPERTY PINS ON THE FRONT OF YOUR HOUSE? WELL, I MEAN LIKE, IS IT USUALLY LIKE FROM LIKE IN KANSAS IT'S SIDEWALK TO THE STREET, IS IT STILL THE SAME THING YOU'RE IN TEXAS OR NO, UM, RULE OF THUMB.
SO OUR MINIMUM, OUR MOST NARROW RIGHTS OF WAY OF ANYTHING THAT'S BEEN BUILT SINCE 2003 IS 60 FEET.
THAT'S WHAT YOU'RE GOING TO FIND IN, IN MORE OF YOUR, YOUR COMMON SUBDIVISIONS AND THEY GO UP FROM THERE.
UM, IT DEPENDS ON A NUMBER OF THINGS OF HOW WIDE THE STREET IS, HOW WIDE THE TREE LAWN WOULD BE ON THE BACKSIDE OF THE CURB, HOW WIDE THE SIDEWALK IS.
I THINK THE RULE OF THUMB WE USE IS 15 FEET FROM THE BACK OF THE CURB.
IF EVERYTHING IS CENTERED AND IF THE STREET SECTION IN FRONT IS TYPICAL.
NOW, IF FOR SOME REASON YOU HAVE A FIVE LANE SECTION OF ROAD FRONT OF YOUR HOUSE, BECAUSE THERE'S A TURN LANE, YOU KNOW, A DEDICATED, LEFT, WELL, THINGS MIGHT GET A LITTLE DIFFERENT OR, UM, SOMETIMES THE STREET WILL SHIFT INSIDE OF THE RIGHT OF WAY.
IF IT'S GOING AROUND SOME TYPE OF IMPROVEMENT, LIKE A UTILITY POLE OR SOMETHING TO THAT EFFECT.
BUT I THINK THE RULE OF THUMB WE USE IS ABOUT 15 FEET FROM THE BACK.
I KNOW IN MY HOUSE, AND THIS IS JUST SPECIFICALLY MY HOUSE, I DON'T KNOW HOW WELL IT HOLDS GENERALLY, BUT IF YOU CAN FIND YOUR, YOUR WATER METER BOX OR YOUR, UH, THE ELECTRICAL BOX, THOSE ARE TYPICALLY RIGHT AT THE RIGHT-AWAY EDGE, UM, OR RIGHT WITHIN, UH, WITHIN A FOOT OR SO OF, UH, UM, ANYTHING.
SO BETWEEN THOSE BOXES AND THE BACK OF CURB, THAT'S, IT'S STILL YOU'RE ON THAT YOU HAVE TO MAINTAIN, BUT IT'S TECHNICALLY IN THE PUBLIC RIGHT AWAY.
SO THAT IS EVERYTHING IN THAT PORTION.
I TAKE A FEW NOTES ON A COUPLE OF THINGS THAT YOU'LL HAVE SOME CONCERNS ON.
UM, LET ME PULL UP THE NEXT PART.
I THINK, UH, YEAH, THE HEIGHT EXCEPTION STUFF.
THIS IS BROKEN INTO TWO PARTS AND IT'S INTENTIONAL.
SO WE HAVE, UM, FROM A REGULATORY STANDPOINT, WHEN WE'RE ADMINISTERING OUR CODE, WE HAVE THE CITY OF KYLE GENERALLY AND OUR ZONING CODE.
AND THEN WE HAVE THE PLUM CREEK,
[01:10:01]
UH, PLAIN UNIT DEVELOPMENT CODE, AND PLUM CREEK HAS A ZONING CODE WITHIN THE CITY OF KYLE'S JURISDICTION.SO WE EFFECTIVELY ADMINISTER TWO ZONING CODES WITHIN THE CITY OF KYLE.
UM, WE ARE BRINGING FORTH AN AMENDMENT THAT HAS BEEN TALKED ABOUT WITH ADMINISTRATION AND STAFF, UM, TO BRING, TO ALLOW SOME FLEXIBILITY B WEDNESDAY WHEN SOMETIMES PROJECTS, UM, HAVE TO EXCEED JUST, UM, ARE ASKING TO EXCEED CERTAIN HEIGHT LIMITATIONS PER ZONING CODE.
THAT WAY THERE'S SOME FLEXIBILITY IN IT.
THE CITY COUNCIL CAN DETERMINE IF IT'S APPROPRIATE OR NOT.
UM, WITHOUT HAVING TO GO THROUGH CHANGING OUR ZONING CODE OR TAKING IT TO A BOARD OF ADJUSTMENT WHERE WE'LL ACTUALLY PROBABLY GET SHUT DOWN BECAUSE IT'S NOT A HARDSHIP, UM, BECAUSE SOMETIMES IT'S APPROPRIATE TO BE ABLE TO BE FLEXIBLE WITH YOUR CODE.
SO THE FIRST PART IS WITH THE PLUM CREEK, UH, UM, WE WANT TO GIVE THE OPPORTUNITY FOR, UM, CITY COUNCIL TO PERMIT APPROVAL AND APPROVE EXCEPTIONS TO THE HEIGHT MAXIMUMS FOR CERTAIN TYPES OF USES, UM, THROUGH THE CONDITIONAL USE PERMIT PROCESS.
UM, IT WOULD, UM, STEPH WOULD REDO IT.
IT WOULD GO TO Y'ALL WITH FOUR RECOMMENDATION VOTE, UM, AND MOVE ON TO THE CITY COUNCIL FOR THEIR FINAL APPROVAL.
UM, THIS ISN'T A CONDITIONAL USE PERMIT IN THE SENSE OF THE AESTHETIC STANDPOINT LIKE WE NORMALLY DO, BUT THIS IS A CONDITIONAL USE PERMIT FOR A HEIGHT EXCEPTION.
UM, AND SO SOMETIMES FOR EXAMPLE, IF THEY'RE, LET'S SAY THEY'RE GOING INTO A WAREHOUSE AND THEY NEED TO BUILD THE BUILDING A LITTLE BIT HIGHER TO MEET CERTAIN STANDARDS, THEY NEED TO BE ABLE TO MOVE PRODUCT THROUGH AND WHAT HAVE YOU, BUT IT JUST GOES OVER THE TOP EDGE OF THE MAXIMUM HEIGHT.
SO THEY NEED TO ADJUST FOR IT.
WELL, IT WON'T BE NECESSARILY A HARDSHIP.
I KNOW WE GOT SHOT DOWN FROM THE WORD OF ADJUSTMENT BECAUSE IT'S SOMETHING THEY WANT TO DO, BUT IT'S CERTAINLY NOT ANYTHING TO GET ALL FLUSTERED ABOUT.
IF SOMEONE WANTS TO INCREASE THE HIGH INEFFICIENT, IT'S A FEW FEET, YOU KNOW, IN THAT SPECIFIC CASE, THEN IT'S FINE.
SO WE'RE BRINGING THIS FORWARD TO AMEND THE CODE, TO ALLOW THOSE EXCEPTIONS WHEN IT'S FOUND APPROPRIATE AND BRING IT FORWARD TO BE ABLE TO, FOR THE PUBLIC TO VOTE ON IT.
ANY QUESTIONS? I DON'T THINK IT'S ACTUALLY GOING TO FOLLOW THE CONDITIONAL USE PROCESS.
I THINK IT'S ACTUALLY GOING TO BE A SPECIAL EXCEPTION.
YOU'LL YOU'LL NOTE THAT WE'RE LET HER F READS EXCEPTIONS TO HEIGHT REGULATIONS.
AND THEN I THINK F1 MAY VERY WELL BE ACTUALLY IT WILL BE G I DON'T THINK IT WILL BE F1.
I THINK IT'LL BE G AND IT'LL BE THE CITY COUNCIL MAY APPROVE EXCEPTIONS TO HEIGHT MAXIMUMS VIA THE SPECIAL EXCEPTION PROCESS.
AND WE'LL, WE'LL PUT SOME CRITERIA DOWN FOR WHEN IT'S APPROPRIATE AND WHEN IT'S NOT THE WAY IT'S WRITTEN TO ME, IT LOOKS, IT, IT LOOKS LIKE THE CITY COUNCIL DOES IT.
IT DOESN'T COME TO PLANNING AND ZONING.
NO, IT READS WELL CURRENTLY IT READS A CONDITIONAL USE PERMIT, BUT IT'LL READ A SPECIAL EXCEPTION, UM, IS REQUIRED AND MUST RECEIVE A RECOMMENDATION VOTE FROM P AND Z.
NOW WE, IF IT'S A SPECIAL EXCEPTION, IT WOULD GO RIGHT TO COUNCIL.
IF IT'S A SPECIAL EXCEPTION, IT GOES RIGHT TO COUNCIL.
IF IT'S A CONDITIONAL USE, IT WOULD GO TO P AND Z.
NOW WE HAVE, WE HAVE CONDITIONAL USES THAT YOU ALL APPROVE.
AND THEN WE HAVE CONDITIONAL USES THAT YOU ALL MAKE RECOMMENDATIONS.
AND THE COUNCIL APPROVES JUST A QUESTION OF HOW IT'S SPELLED OUT.
I THINK THIS ONE WOULD BE A SPECIAL EXCEPTION AND IT'LL LIKELY TO WRITE TO COUNCIL.
SO THEN IT'LL JUST GO RIGHT TO CANCEL IT.
WOULDN'T COME TO US, BUT THIS CHANGE WILL BE MADE IN THE ZONING ORDINANCE.
SO THE TEXT AMENDMENT GOES TO YOU.
AND THEN AFTER THAT, THE PROCESS WOULD BE THAT THE STANDARD OPERATING PROCEDURE WOULD BE FOR APPLICATIONS TO GET RIGHT TO COUNCIL.
ABOUT QUESTION I READ THIS LAST WEEK TOO, AND I JUST, NOW IT JUST, THE LIGHT JUST WENT OFF IN MY EMPTY BELFRY UP HERE THAT, SORRY, GO AHEAD, PAUL.
I JUST SAW HUMAN CONSUMPTION UP THERE.
I WAS JUST WONDERING, IS THAT THE RIGHT WORD? AND IF WE'RE CHANGING THINGS REQUIRED TO BE, IT SHOULD BE SHOULDN'T IT BE? WAIT, WE DIDN'T EVEN CHANGE THAT.
I KNOW I'M SAYING WHAT WE'RE CLEANING SOMETHING UP.
I THINK IT SHOULD BE OCCUPATION.
THAT'S KINDA WHAT I WAS NOT INTENDED FOR HUMAN CONSUMPTION.
I DID READ THAT AND WONDERED WHAT, OH YEAH, I'M STILL GOOD.
I DIDN'T SEE THAT EITHER THE DICTIONARY.
SO WE WANTED TO USE CONSUMPTION, OCCUPATION, WHATEVER THE RIGHT WORD IS.
WOULD IT BE FOR GENERAL HUMAN? I DON'T THINK YOU CAN REMOVE THE WORD HUMAN.
I'D APPRECIATE THAT BECAUSE I DON'T THINK WE'RE KEEPING LIVESTOCK UP THERE.
SO WE PRETTY MUCH KNOW WHO WE'RE TALKING ABOUT SO WE CAN TAKE THE KEVIN WORD OUT AND THEN IT WOULD BE NOT INTENDED FOR OCCUPATION WOULD BE AGAIN, A LITTLE PUNCHY NOW.
OCCUPIED SPACES, CONDITIONED SPACES.
THAT'S ANOTHER THING YOU'VE TALKED ABOUT.
WELL, WE'LL WORK THAT OUT LATER.
[01:15:01]
GOOD CATCH.WE'RE TALKING ABOUT SOMETHING ELSE AND MR. SIDEBARS OVER THERE READING SOMETIMES SENTENCES EARLIER, IT WAS CAUSING PAIN.
AND THERE'S A RECOMMENDATION VOTE.
SO IT DOESN'T HAVE TO BE AFFIRMATIVE, BUT THAT'S WHAT YOU'RE TALKING ABOUT.
LET ME PULL UP THE NEXT ONE THEN OKAY.
THIS ONE IS ESSENTIALLY THE SAME THING, BUT OUTSIDE THE PLUM CREEK, UM, AND IT FOLLOWED THE SAME IDEA.
UM, AND THIS ONE ACTUALLY FALLS INTO THE CONDITIONAL USE PERMIT PROCESSES.
IT'S ALREADY THERE IN SECTION 10 47, ALL THE REST CONDITIONAL USES.
UM, SO HOWARD, ARE WE STILL LOOKING AT A SPECIAL EXCEPTION OR THIS DOES THIS ACTUALLY NEED TO GO THROUGH THE CONDITIONAL USE PERMIT PROCESS? NO, TH THIS WILL REMAIN IN CONDITIONAL USES.
WE'RE NOT CHANGING THAT THIS IS STILL 10 47 AND THIS PERTAINS TO SO NOT JUST HIDE BUT EVERYTHING.
WELL, THERE'S, THERE'S A NUMBER OF DIFFERENT CRITERIA IN THIS LIST, BUT WHAT WE'RE TALKING ABOUT TONIGHT IS PRIMARILY NUMBER, WHAT IS NOW, NUMBER 12 AT THE BOTTOM OF YOUR SCREEN.
AND THE, UM, IT'S THE SAME REASON.
YOU KNOW, SOMETIMES THERE IS IT'S APPROPRIATE TO ALLOW AN EXCEPTION IN OUR, A CONDITIONAL APPROVAL OF HEIGHT.
RESTRICTIONS ARE ALLOWED TO GO UP A LITTLE BIT.
UM, I, I DID PUT IN THERE, UM, W THE EXCEPTION BEING SINGLE FAMILY TO FAMILY, THAT BEING SAID BECAUSE ALREADY OUR SINGLE FAMILY, AND TWO FAMILIES ZONING CODE YOU TO GET UP TO 35 FEET, WHICH IS THREE AND A HALF STORIES.
AND THAT'S VERY RARE INSIDE THE CITY OF KYLE.
SO I DIDN'T THINK AT LEAST CURRENTLY IT'S NOT A PROBLEM.
I DON'T ANTICIPATE ANY PROBLEM WITH, I CAN READ THE FUTURE.
SO, UM, I ALSO EDITED THE, OR STRUCK CHURCHES AND ALL DISTRICTS WERE NOT OTHERWISE SPECIFICALLY PERMITTED BECAUSE THERE IS A FEDERAL STATUTE CALLED OUR LUPA, WHICH IS LAND USE INSTITUTION AND PROTECTION ACT.
WHICH MEANS THEY CAN GO ANYWHERE.
THEY WANT, THEY JUST NEED TO FOLLOW THE ZONING CODE FOR THE DISTRICT.
CAN YOU TELL THIS CITY PLANNER IS STUDYING FOR HIS AICP? SORRY, GO AHEAD.
WELL, IT'S, IT'S, IT'S COMPLETELY AGAINST WHAT THE FEDERAL LAW SAYS.
SO JUST STRUCK IT BECAUSE WE, WE TELL PEOPLE ANYWAY, LIKE, YEAH, PATRICIA WANTS TO GO IN A SINGLE FAMILY DISTRICT.
THEY CAN, IF THEY WANT TO GO IN A WAREHOUSE DISTRICT, THEY CAN, THEY'RE ALLOWED TO.
SO, UM, SO YEAH, BUT THIS IS ESSENTIALLY THE SAME THING.
WHAT YOU JUST SAW WITH PLUM CREEK MISSION SCHOOL, A SLIGHTLY DIFFERENT PROCESS, BECAUSE THIS IS THE MOST ANALOGOUS WAY TO ACHIEVE A GOAL OF A RELAXATION OF HIGH STANDARDS.
ANY QUESTIONS? ANYBODY JUST TAKE CARE OF RED BUILDINGS? I KNEW HE'D SAY SOMETHING.
IT LOOKS LIKE THERE'S NO QUESTIONS.
UM, WITH THE EXCEPTIONS, UH, WITH SOME OF THE AMENDMENTS THAT Y'ALL MADE, ARE YOU ALL OKAY WITH A SPRING IN THESE FORWARD, UM, THROUGH APPROPRIATE PROCESS TO MAKE AMENDMENTS TO OUR CODE? COOL.
WITH ME, I'M GETTING A LOT OF HEAD SHAKING HERE.
WE'LL MAKE THOSE AMENDMENTS AND HOW I BRING IT BACK FORWARD TO THEM.
JUST TO ONCE MORE, LOOK OVER A BOOM AND THEN, AND THEN START THE PUBLIC PROCESS.
NO, THE NEXT TIME THEY SEE THIS IT'LL BE FOR A VOTE SO WE CAN ADVERTISE IT TONIGHT WAS THE DIRECTION FOR US TO BRING IT BACK TO THEM.
SO YOU ALL, WE'LL BRING YOU BACK TO US ON THE MEETING IN JULY
[01:20:01]
IS WHAT WE SHOULD ASK.WELL, THE AD HAVE TIME TO RUN, CAUSE THESE ARE ZONING, TEXT AMENDMENT CHANGES.
SO IT'S A, THEY'LL ALL BE PUBLIC HEARINGS.
SO WE HAVE TO HAVE AN AD IN THE PAPER, BUT I THINK IF WE GET THE AD BY THIS FRIDAY, WE SHOULD HAVE ENOUGH TIME THAT THE NEXT VOTING MEETING WILL HAVE THESE ITEMS ON IT FOR YOUR VOTE CONSIDERATION.
THEN THAT GOES TO A MARIN COUNCIL FOR THEM TO DETERMINE COOL.
WE ADJOURN THE MEETING FOR MOTION ON THE FLOOR.
IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.