Jul 27, 2021 Planning and Zoning Meeting

SO DID I UNDERSTAND THAT THERE WILL BE NO ACTION TAKEN BECAUSE I MISSED A CAT IN HERE BECAUSE ALL OF THE PARTIES TO THE, UM, ISSUE HAVE NOT SAT DOWN IN A ROOM TOGETHER TO DISCUSS IT.

SO IF ONE OF THE PARTIES THAT, THAT WE'RE AWARE OF THAT HAS NOT COME TO ANY OF THE MEETINGS, UM, DOES NOT COME FORWARD, SEND THEM THERE WILL BE NO ACTION EVER TAKEN, OR IS THERE ANY OTHER EXCEPTION OR WAY TO WORK AROUND IT? I MEAN, WE'VE BEEN SITTING ON THIS FOR QUITE A WHILE.

NOW.

YOU WOULD HAVE TO ASK THAT QUESTION IN THE MEETING WITH EVERYONE THERE, EXCEPT THAT PERSON WHO IS NOT ARRIVING TO SEE IF YOU, AS A GROUP CAN COME TO, I WISH I COULD GIVE YOU AN ANSWER.

BUT I WOULD BRING IT UP AT THAT MEETING IF IT WERE ME, WHATEVER MEETING YOU MAY HAVE WHERE EVERYONE'S IN THE ROOM.

UM, MR. KUHN SAID, COUNCIL MEMBER RIZZO HAD SPOKEN TO HIM ABOUT GETTING EVERYONE TOGETHER TO DISCUSS EVERYTHING.

PLAN CITY PLANNERS, THE PEOPLE INVOLVED, I WOULD ASSUME, I WOULD GUESS MAYBE COUNCIL MEMBER RIZZO WOULD BE THERE.

EVERYBODY COULD TALK AND DISCUSS THE ISSUE.

AND THEN DECISIONS CAN BE MADE ABOUT SOMEONE WHO ISN'T SHOWING UP.

SO IS THIS GOING TO BE BASED ON, ON THAT MEETING OR IS IT GOING TO BE BASED ON ACTION? THAT WOULD BE GOOD.

WE CAN'T ACT ON IT UNTIL EVERYTHING IS SETTLED OUT.

WELL, THAT'S WHAT I'M SAYING.

IT'LL COME, IT'LL COME BEFORE US.

BUT ONLY WHEN IT'S ALL IRONED OUT, WE DON'T KNOW IF THERE'S A MEDIUM OF IMPLANT OR NOT.

I KNOW.

UM, I REALLY, I REALLY CAN'T ANSWER ANY MORE ANYMORE AND I DON'T FORGET YOU, BUT MY QUESTION TO YOU THEN IS WHY DO WE KEEP PUTTING IT ON THE JOB? I, I CAN'T ANSWER.

I CAN'T ANSWER THAT.

HOW CAN I ANSWER? I CAN TELL STAFF TO REACH OUT TO YOU.

THIS ISN'T THE FORUM FOR ME TO RESPOND TO THAT IT'S CITIZENS' COMMENTS AND I SHOULD NOT BE ANSWERING.

I SHOULD JUST BE LISTENING.

SO WHO DO WE CONTACT TO FIND OUT? YOU CAN, YOU CAN CONTACT YOUR COUNCIL MEMBER OR YOU CAN CONTACT THE PLANNING DEPARTMENT.

THE PLANNING DEPARTMENT IS WHO, WHO IS, UM, MR. WILL ATKINSON OR MR. HOWARD COONS.

THAT'S WHAT WE'VE BEEN TALKING TO CALL THEM AGAIN.

ALL RIGHT.

ALL RIGHT, THEN, IS THERE ANYONE ELSE WISHING TO SPEAK? I'M TIRED KIND OF DEAL WITH SEEING NO ONE.

I WILL CLOSE CITIZENS COMMENTS AGAIN.

CONSENT

[5. Consent]

AGENDA.

A REQUEST BY THE ESTATE OF JANELL HAD CELL Z 21 0 0 8 3 TO ASSIGN ORIGINAL ZONING TO APPROXIMATELY 24.65 ACRES OF LAND FROM AGRICULTURE AIG TO MANUFACTURED HOME PARK DIVISION M THREE FOR PROPERTY LOCATED 600 BB ROAD IN HAYES, COUNTY, TEXAS.

MAKE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.

I HAVE A MOTION.

CAN I HAVE A SECOND? SECOND? I HAVE A MOTION AND A SECOND.

ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.

[A.

Consider a request by Estate of Janelle Hadsell (Z-21-0083) to assign original zoning to approximately 24.65 acres of land from Agriculture ‘AG’ to Manufactured Home Park District ‘M-3’ for property located 600 Bebee Road, in Hays County, Texas.

Public Hearing

Recommendation to City Council

]

NUMBER SIX.

ZONING.

CONSIDER

[00:10:01]

THERE WAS A PUBLIC HEARING FOR THE ZONING.

UM, I'M GOING TO OPEN THE PUBLIC HEARING.

IS THERE ANYONE HERE TO SPEAK TO THIS ITEM, TO THIS REZONING, MADAM TENURED AND THEY TELL ME I'M HERE ON BEHALF OF THE APPLICANT.

WOULD YOU LIKE FOR ME? I HAVE JUST A FEW COMMENTS.

WOULD YOU LIKE FOR ME TO GIVE THOSE NOW? WOULD IT BE APPROPRIATE TO GIVE THEM NOW OR WAIT UNTIL AFTER YOU HEAR IT? WE, WE USUALLY RESERVE THE FIRST PART FOR THE PUBLIC AT LARGE RIGHT THING.

NO ONE, I WILL CLOSE PUBLIC HEARING.

MR. COMBS.

MADAM CHAIR, UH, PLANNING COMMISSIONERS FOR THE RECORD.

MY NAME IS HOWARD JONES ON THE COMMUNITY DEVELOPMENT DIRECTOR.

UM, EARLIER LAST WEEK YOU SHOULD HAVE RECEIVED YOUR PACKET, WHICH HAD THE STAFF REPORT IN IT.

THIS PROPERTY IS ABOUT 25 ACRES.

GIVE OR TAKE, UH, LOCATED ON THE SOUTH SIDE OF BB ROAD IN THE VICINITY OF THE BLUEBONNET MANUFACTURED HOME SUBDIVISION.

UH, YOU CAN SEE THE VICINITY MAP ON PAGE.

ONE OF THE STAFF REPORT THAT SHOWS THEM WHERE THE PROPERTY IS.

THIS WE'RE NOT SEEING THE, OH, MAYBE IT WOULD HELP IF I SHARED MY SCREEN.

OH, OKAY.

CAUSE I KNEW EXACTLY WHAT WAS GOING ON, SO I HAD NO ISSUES.

SO IS THAT ANY BETTER? YES.

THANKS.

RIGHT.

SO EARLIER I HAD TALKED ABOUT THIS, UH, REALLY NIFTY STAFF REPORT THAT YOU HAD RECEIVED IN YOUR PACKETS LAST WEEK.

SO, UM, CONTINUING ON THIS, UH, VICINITY MAP ON PAGE ONE SHOWS THE, THE LOCATION OF THE SITE HERE.

YOU CAN SEE WITH MY CURSOR, THIS IS BB ROAD.

THIS IS THE BLUE BONNET MANUFACTURED HOME SUBDIVISION.

UM, THIS UP HERE IS, UH, SUNSET RIDGE.

THIS IS THE INTERSECTION OF DACEY AND BB AND RIGHT OVER HERE IS SCIENCE HALL, UM, ELEMENTARY SCHOOL.

SO THIS PROPERTY WAS RECENTLY ANNEXED.

YOU PROBABLY REMEMBER IT WAS JUST A COUPLE OF MEETINGS AGO.

THIS WAS A WHOLE OF AN UNINCORPORATED COUNTY THAT WAS SURROUNDED ON ALL SIDES BY INCORPORATED CITY OF KYLE, UM, PREVIOUSLY, UM, ALL THIS AREA AROUND WITH AGRICULTURE.

AND NOW THIS PROPERTY HAS BEEN INCORPORATED AS WELL.

THE EXPECTATION IS A REQUEST BEFORE YOU TO, UH, ZONE THIS TWO M THREE AND, UH, M THREE IS THE DISTRICT THAT ALLOWS FOR A VERY NARROW SET OF, UH, DEVELOPMENT RIGHTS.

IT ALLOWS FOR A MANUFACTURED HOME PARK.

SO, UM, THAT BEING SAID, AND YOU CAN SEE THAT ON THE MAP THAT IT IS ADJACENT TO EXISTING DEVELOPMENT OF, UH, SIMILAR USES.

I CAN MAKE MYSELF AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT THIS REQUEST.

AS AN EARLIER STATED, THE APPLICANT'S REPRESENTATIVE IS HERE ALSO TO SPEAK ABOUT THE PROJECT.

I BELIEVE SHE HAS A BRIEF PRESENTATION FOR YOU, UM, AND THEN, UH, CAN MAKE HERSELF AVAILABLE FOR QUESTIONS AS WELL.

ANY QUESTIONS FOR MR. COONS? NO.

IT TO BE AS NICE AS ANY OTHER DEVELOPMENT IN THE CITY OF KYLE.

UM, I'M GOING TO STOP SHARING MY SCREEN SO THAT WE CAN LOOK AT SOME OTHERS.

COOL.

AND I WILL TRY TO BE BRIEF MEAD.

I AM WITH A LAW FIRM, HUSCH BLACKWELL AND I REPRESENT THE HATS CELL FAMILY WITH REGARD TO THIS PROPERTY.

SO WE ARE VERY APPRECIATIVE TO BE HERE.

UM, JENELLE HATZOLAH PASSED AWAY ABOUT A YEAR AND A HALF AGO, AND HER TWO DAUGHTERS ARE THE ONES BRINGING THIS PETITION BOARD OR THIS REQUEST FORWARD.

THEY BOTH LIVE OUT OF TOWN AND ARE READY TO SELL THE PROPERTY LIQUIDATED.

AND THERE'S A PROPOSAL TO DEVELOP AN EXPANSION OF THE EXISTING KYLE LAKESIDE MANUFACTURED HOME DEVELOPMENT.

WHAT I REALLY WANTED TO DO TODAY TO BE HONEST, WAS TO SHOW YOU ALL A LITTLE BIT ABOUT THAT DEVELOPMENT SO THAT YOU WILL HAVE A GOOD SENSE OF WHAT WILL ULTIMATELY BE DEVELOPED.

I WILL SKIP THESE INITIAL, UM, THE DEVELOPMENT, CARLY HAS 279 HOMES.

THE EXPANSION WILL ADD 74 TO THAT.

UM, IT REALLY IS A BEAUTIFUL COMMUNITY.

I DON'T KNOW IF YOU GUYS HAVE HAD THE OPPORTUNITY TO SEE IT.

UM, BUT I REALLY WANTED YOU TO GET A SENSE OF WHAT IT LOOKED LIKE.

SO WANT IT TO JUST SCROLL THROUGH A FEW PICTURES, UM, THE SAME DEVELOPER THAT EXPANDED IT TO 279, WE'LL BE DOING THIS CURRENT EXPANSION IF APPROVED.

AND, UH, THIS IS JUST AN EXAMPLE OF SOME IMPROVEMENTS THEY'VE MADE TO THE COMMUNITY.

THEY EDITED $3 MILLION AMENITY CENTER, UM, FOR THE RESIDENTS.

SO THEY REALLY WANT

[00:15:01]

AND TO BE SOMETHING THAT REALLY MAKES THE CITY OF KYLE PROUD.

THIS IS A TYPE OF HOUSING THAT REALLY SERVES A NEED FOR PEOPLE WITH LOWER INCOMES WHO CAN REALLY MAKE ENDS MEET BECAUSE THE HOUSING PRICES ARE SO MUCH LOWER THAN BOY WAY LOWER THAT NOW THAN ANYTHING HE FOUND IN THE CITY OF GUILE, WHERE HOMES ARE GOING ON A MILLION DOLLARS.

UM, JUST WANTED TO SHOW YOU A COUPLE OF EXAMPLES.

THE HOMES REALLY ARE NICE HIGH QUALITY.

THE FINISH OUT IS VERY NICE AND HIGH QUALITY AND WANTED TO JUST GIVE YOU ALL A SENSE OF WHAT IT LOOKED LIKE.

THERE IT'S REALLY FAMILY ORIENTED.

THERE ARE AMENITIES THAT THE DEVELOPER HAS ADDED FOR KIDS REALLY ALL OVER THE PROPERTY.

AND IT'S CALLED LAKESIDE.

CAUSE I REALLY IS A LAKE, UM, THAT SERVES FOR SOME OF THE DETENTION, BUT YOU KNOW, PEOPLE REALLY USE IT, FISH AT IT, ALL SORTS OF THINGS.

AND THEN I HAD A QUICK VIDEO THAT I'D LIKE TO SHOW.

THIS WAS A VIDEO JUST TO SHOW YOU HOW THE RESIDENTS FEEL ABOUT LAKESIDE.

UM, THIS WAS FOR ONE, THEY DO A BACK TO SCHOOL PARTY EVERY YEAR.

THIS WAS LAST YEAR.

WELL, NO, NOT LAST YEAR, 20 NINETEENS CAUSE THERE WASN'T ONE LAST YEAR.

UM, AND THEY DIDN'T HAVE A VIDEO FOR 2021 YET.

CAUSE IT JUST HAPPENED A WEEK AGO.

BUT I WANTED TO SHOW YOU THIS.

I THINK SOMEBODY QUEUING UP THE VIDEO.

MAYBE NOT, I COULD BE WRONG.

DO WE NEED TO HAVE AN INTERVENTION? WELL, IT'S REALLY SPECIAL.

I'D LIKE FOR YOU GUYS TO SEE IT, IT WAS LIKE 2000 MEGABYTES.

SO I COULDN'T EMAIL IT.

THERE WE GO.

AND I THINK THE POINT OF THIS IS TO SHARE WITH THE COMMUNITY WHERE PEOPLE REALLY HAVE A LOT OF PRIDE IN IT AND THEY REALLY LOVE IT.

MY NAME IS LEILA.

I LIVE HERE AT SO FAR.

IT'S REALLY EXCITING.

AND IT'S LIVELY MUSIC.

ALL THE TOYS YOU PULL OR WATERSLIDE FOOD WAS PROVIDED.

WE HAD BARBECUE, CHICKEN, SAUSAGE, HOT DOGS FOR THE KIDS, MASHED POTATOES, A COUPLE OF PRIZES, BUT I SEEN LIKE A LAWN MOWER, THE GRILL, THE MIRRORS, THE KIDS HAD GOT TWO BIKES OUT THERE AND A BUNCH OF BLACK DOLL.

THIS IS A GREAT PLACE TO MOVE.

I LOVE IT.

EVERYTHING'S CLOSE BY.

I DON'T GOT TO RIDE MORE THAN 10 MINUTES ANYWHERE.

I LOVE LIVING HERE.

I LOVE IT.

SO COMMISSIONERS, WE JUST APPRECIATE THE OPPORTUNITY TO PRESENT THIS TO YOU ALL.

AND WE ARE HOPING THAT YOU ALL WILL RECOMMEND APPROVAL OF IT.

THANK GOD YOU DEFINITELY HERE TO ANSWER ANY QUESTIONS YOU WANT MY HAVE ANYONE HAVE QUESTIONS? NO QUESTIONS.

W W WHAT ARE WE LOOKING AT FOR VB? THEY'RE DOING THE ENGINEERING THAT I THINK THEY'RE GOING FORWARD WITH THAT, OR JUST THAT'S MY ONE MAIN CONCERN HERE IS, IS BB ROAD AS FAR AS TRAFFIC GOES.

I MOVE THAT.

WE APPROVE ITEMS SIX A UM, AS WRITTEN.

I HAVE A MOTION.

CAN I HAVE A SECOND? NO.

SECOND MOTION AND A SECOND.

IS THERE ANY DISCUSSION? UM, WELL, YES I HAVE TO, UH, ACTUALLY, UM, HOWARD HA I HAVE A QUESTION FOR YOU.

UM, AS FAR AS I KNOW, THE CITY JUST STARTED WORKING ON THEIR MASTER PLAN, TRANSPORTATION MASTER PLAN.

AGAIN, THINGS WERE JUST CHANGED.

[00:20:01]

SO THERE ARE PLANS FOR BB ROAD.

YOU ARE CORRECT.

UM, IN THE SHORT TERM, YOU'RE, I'M GOING TO DANG IF I KNEW YOU WERE COMING UP WITH IT.

GIVE ME ONE SECOND.

AND I, I WANT TO BRING UP A MAP SO THAT I'M NOT JUST TALKING, BUT I HAVE AN ACTUAL, UH, VISUAL AID THAT I CAN USE.

CAN YOU SEE MY MAT? NOPE.

THERE'S NOTHING IN THERE.

ALL BLACK EVERYTHING'S OUT.

HOLD ON ONE SECOND.

ANY CHANCE IT'S BACK? NOPE.

UM, I TRIED NOTHING AND I'M ALL OUT OF IDEAS.

MAYBE ADRIAN CAN TELL ME WHY I THINK IT'S COMING BACK.

SO IN THE MEANTIME, UM, THERE'S TWO PLANTS RIGHT NOW THAT INVOLVE BB ROAD.

ONE IS WHAT I WOULD CONSIDER TO BE A LOCALIZED, SOMEWHAT OF A MINOR PLAN.

ONE IS TO BE A REGIONAL AND A MAJOR PLANT.

THE MINOR PLAN INVOLVED, YOU KNOW, BB IS A DOGLEG IN THIS AREA, RIGHT? AS YOU'RE HEADED EASTBOUND, THERE'S A HARD, I WON'T SAY HARD LEFT A CURVED LEFT IN A CURVE, RIGHT? WHEN THE APARTMENTS WERE BUILT, UM, JUST TO THE NORTH OF THIS DEVELOPMENT SITE, UM, THERE WAS, UH, ACTUALLY THE PLAN WAS PUT IN PLACE THAT THEY ARE GOING TO, UM, SMOOTH THAT CURVE.

UM, THE IT'S THE SECOND OF TWO, IT'S GOING TO BE SHALLOWED OUT A LITTLE BIT.

AND THEN ADDITIONALLY, THE FIRST CURVE, WHICH IS THE WESTERN OF THE TWO, WHICH IS THE, THE, THE, UH, THE LEFT-HANDER AS YOU'RE GOING EASTBOUND, THAT ONE ALSO SHOULD BE SHALLOWED OUT AS WELL.

THAT REALLY WON'T HAVE AN APPRECIABLE EFFECT ON ANYTHING THAT'S GOING ON.

AS FAR AS LAND USE, THAT WON'T REALLY MAKE THAT MUCH MORE OF A LEVEL OF SERVICE, ALTHOUGH IT WILL MAKE THOSE CURVES SAFER.

UM, BUT IT REALLY WON'T CHANGE WHAT CAN COME ONTO AND COME OFF OF.

NOW, THAT'S THE LOCAL IDEA.

THE REGIONAL IDEA IS THE REGIONAL.

SO WHAT I WAS TALKING ABOUT HERE IS YOU CAN SEE IN THE AREA, UM, AND THIS, THIS PICTURE IS PRETTY OLD.

I'LL SEE IF I CAN FIND A MUCH NEWER ONE.

UM, BUT WHEN THE, UH, APARTMENT COMPLEX HERE WAS BUILT, YOU CAN SEE THAT THEY, THEY DIDN'T BUILD OUT TO THEIR NATURAL PAVE BOUNDARY, BECAUSE THE EXPECTATION IS, I GUESS YOU CAN SEE MY CURSOR.

UM, THIS, THIS SECTION OF ROAD WILL BE MOVED TO THE SOUTH AND THIS CURVE RADIUS WILL BE, UH, DECREASED.

UM, SO IT'LL, IT'LL ACTUALLY BE SHALLOWED A LITTLE BIT.

AND THEN THERE'S AN EXPECTATION THAT THE SAME THING WOULD HAPPEN DOWN HERE SO THAT THIS, THIS PART OF BB WOULD BE SHALLOWED OUT A LITTLE BIT.

THIS WOULD BE IN GO THROUGH THERE, BUT THAT WON'T HAVE TOO MUCH OF AN EFFECT ON THE DEVELOPMENT SITE, WHICH IS RIGHT HERE MOVING AS WE, AS WE ZOOM OUT AND LOOK MORE REGIONALLY.

UM, RECENTLY THE, THE TRANSPORTATION PLAN THAT WAS PUT IN FRONT OF THE, UM, CITY COUNCIL, AND I MUST APOLOGIZE.

I WAS OUT FOR THE LAST COUNCIL MEETING.

UM, SO I, I DON'T REMEMBER WHAT THE EXPECTATION WAS FOR THE IDEA AS IT MOVES FORWARD, BUT THE PLAN THAT'S BEEN FLOATED IS THAT THIS COLOR'S CROSSING WOULD ACTUALLY CONTINUE TO THE EAST ACROSS WOULD COME DOWN THROUGH THIS PROPERTY HERE, WHERE MY CURSOR IS, AND ULTIMATELY TIE IN TO BB OVER HERE.

AGAIN, I DON'T KNOW NECESSARILY HOW THAT WOULD AFFECT THE INS AND OUTS OR THE ONTO OR OFF OF VEHICLE TRIPS OF THE SUBJECT PROPERTY, WHICH IS DOWN HERE.

AND REMEMBER THIS, THIS, UM, PROJECT, AS IT SITS DOWN HERE, DOES CONTINUE ALL THE WAY THROUGH AND CAN TAKE ACCESS FROM DACEY.

THEY'VE GOT A, UH, PARKWAY STYLE ENTRY EXIT HERE ON THE EAST SIDE OF THE PROPERTY, UH, WHICH IS, UH, DIVIDED.

YOU CAN SEE WHAT THAT LITTLE MEDIAN THERE.

SO THERE'S, UM, ENTRY AND EXIT, UM, HERE ON THE WEST SIDE ON BB, BUT ALSO A LARGER ONE.

THAT'S ACTUALLY ON THE EAST SIDE, UH, ON DAISEY.

SO I DON'T KNOW IF THAT ANSWERS YOUR QUESTION, BUT THAT, THAT'S FINE.

A A, UM, YOU KNOW, HAVING FUTURE IMPROVEMENTS, UM, I AM IN SUPPORT OF, OF THIS ITEM.

YEAH, I AM, UH, PERSONALLY I'M ALL FOR MORE HOUSING OPTIONS AND KYLE'S THAN JUST THE SINGLE FAMILY DETACHED.

AND SO I'M VERY MUCH IN FAVOR OF IT.

AND I TH I THINK WITH, WITH, UH, BOTH THE ROAD BEING, UM,

[00:25:01]

ANYONE ELSE? OKAY.

ALL THOSE IN FAVOR, SAY, AYE.

ITEM NUMBER SEVEN, CONSIDER IMPOSSIBLE ACTION UPON A PUBLIC HEARING TO AMEND CHAPTER 53 ZONING OF THE CITY OF KYLE CODE OF ORDINANCES.

OPPOSED MOTION CARRIES

[A.

A public hearing to amend Chapter 53 (Zoning) of the City of Kyle, Code of Ordinances. The following sections will be considered: Sec. 53-5 Definitions (Building Acre, Multifamily Residential Restricted, Townhouse); Sec. 53-443 – Permitted Uses; Sec. 54-5 (Note 1).

Public Hearing

Recommendation to City Council

]

THE FOLLOWING SECTIONS WILL BE CONSIDERED SECTION 53 DASH FIVE DEFINITIONS, BUILDING ACRE, MULTIFAMILY, RESIDENTIAL RESTRICTED, AND TOWNHOUSE SECTION 53 DASH 4, 4 3, EXCUSE ME.

PERMITTED USES SECTION 54.0 DASH FIVE.

NOTE ONE, THIS ITEM HAS A PUBLIC HEARING.

I WILL OPEN THE PUBLIC HEARING IF THERE IS ANYONE HERE WHO WISHES TO SPEAK TO THESE CHANGES, YOU MAY COME UP NOW SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING.

MR. COONS.

THANK YOU AGAIN.

SO, UM, THE NEXT TWO ITEMS I BELIEVE ON TONIGHT'S AGENDA RELATE TO TEXT AMENDMENTS THAT WE HAVE FOUND, UM, EARLIER THIS SUMMER WE HAD ASKED IF YOU WANTED TO SEE, UM, ANY CHANGES FROM THE STAFF.

AND THESE ARE THE FIRST FEW OF A COUPLE OF WHAT WE WOULD CONSIDER TO BE ON THE BUS CHANGES.

WE ALWAYS HAVE A RUNNING LIST OF THINGS THAT PROBABLY NEED TO BE IMPROVED WITH OUR ZONING CODE, UH, THAT WOULD MAKE OUR LIFE AS PROFESSIONALS A LITTLE BIT EASIER AS WE TRY AND ADMINISTER THIS CODE WITH THE PRIVATE SECTOR AS MORE AND MORE PROJECTS GET BUILT IN THE CITY OF KYLE AND THEY ARE LARGER AND LARGER PROJECTS GETTING BUILT IN THE CITY OF KYLE.

UM, THE IDEA OF THE WAY THAT THE CITY OF KYLE CALCULATES, UM, NET ACREAGE AND GROSS ACREAGE IS A LITTLE BIT DIFFERENT THAN THE WAY THAT, UM, IT'S DONE AS A STANDARD OPERATING PROCEDURE ELSEWHERE.

SO WE REFER TO IT AS BUILDING ACRES AND OUR DEFINITION SECTION, AND IT REALLY MEANS THE AREA WITHIN A PROJECT THAT CAN BE BUILT UPON.

AND THAT DETERMINES YOUR DENSITY.

UM, BOTH SOMETIMES RESIDENTIALLY FOR THE NUMBER OF UNITS YOU CAN HAVE PER ACRE, OR SOMETIMES IT, UM, TALKS ABOUT LUVS, WHICH ARE LIVING UNIT EQUIVALENT.

IT'S BASICALLY A MEASURE OF WATER AND WASTEWATER COMING INTO AN OFF OF A SITE.

SO FOR THE SAKE OF CLARIFICATION, WE'VE ADDED, UM, ONE MORE, ONE MORE SENTENCE IN THERE THAT WE TYPICALLY HAVE TO EXPLAIN TO THE DEVELOPMENT COMMUNITY AGAIN AND AGAIN, UM, THAT HOW OUR NET DENSITY, WHICH IS GROSS MINUS THE AREAS, WHICH ARE NON BUILDABLE, UM, HOW OUR NET DENSITY WORKS, UM, AND, AND REALLY THAT BUILDING ACRE IS OUR DEFINITION OF, OF NET DENSITY IN THE CITY.

SO THAT'S THE FIRST CHANGE THAT'S IN OUR DEFINITION SECTION.

UM, THE NEXT TWO CHANGES ALSO IN OUR DEFINITION SECTIONS HAVE TO DO WITH, UH, RESIDENTIAL.

ONE OF WHICH IS A MULTI-FAMILY RESIDENTIAL RESTRICTED.

IT IS A LAND USE THAT IS SPECIFICALLY RESERVED FOR OUR CBD DISTRICTS DOWNTOWN.

WE ALLOW FOR MULTI-FAMILY, BUT WE ALSO PRESCRIBED THE WAY IN WHICH MULTIFAMILY CAN BE INSTITUTED DOWNTOWN.

AND WHAT WE REQUIRE THE BIG PART IS THAT IT HAS TO BE ON UPPER FLOORS.

WE DON'T WANT THE LOWER FLOORS OF OUR DOWNTOWN TO BE RESIDENTIAL.

WE WANT THE LOWER FLOORS OF OUR DOWNTOWN TO BE ACTIVITY AREAS, OR AT LEAST TO CATALYZE ACTIVITY AREAS WITH EITHER HIGH TURNOVER, RETAIL, OR, UM, CAN ALSO BE INSTITUTIONAL USES OR REALLY ANYTHING THAT GETS PEOPLE WALKING ON THE STREETS.

RESIDENTIAL DISTRICTS TYPICALLY DON'T DO THAT.

SO, UH, WE LIMIT, UH, THE LOCATION OF MULTI-FAMILY RESIDENCES AND UP TILL NOW, WE'VE ALSO LIMITED THE NUMBER OF MULTI-FAMILY RESIDENCES PER STRUCTURE TO FIVE DWELLING UNITS OR FEWER, UM, LONG STORY SHORT.

THAT'S NOT A VERY ATTRACTIVE OPTION FOR MOST OF THE DEVELOPMENT COMMUNITY.

UM, REAL ESTATE DEVELOPMENT IS NOT A PHILANTHROPY REAL ESTATE DEVELOPMENT HAS TO PAY FOR ITSELF AFTER THE CONSTRUCTION HAS HAPPENED.

THE NUMBER ONE WAY TO GET THAT IS THROUGH RENTS.

AND WHEN YOU CAN HAVE MORE DWELLING UNITS PER STRUCTURE, YOU CAN CREATE MORE RENTS PER STRUCTURE, WHICH MEANS YOU CAN HAVE MORE TIES THOSE COSTS OVER ADDITIONAL DWELLING UNITS.

WHAT'S BRINGS THE PRICE DOWN PER EACH DWELLING UNIT FOR THE STRUCTURE ITSELF, UM, AND ALSO CREATES A LITTLE BIT MORE PERMANENCE, UH, IN THE FACT THAT YOU HAVE A GREATER NUMBER OF DWELLING UNITS, AND YOU CAN MAKE A LARGER PROJECT, WHICH IS MORE LIKELY TO SUCCEED.

SO FOR THAT REASON, WE FOUND THAT 10 OR FEWER DWELLING UNITS WOULD ALSO BE ACCEPTABLE IN CONCERT WITH THE IDEA OF MINIMUM SQUARE FOOTAGES, WHICH ARE STILL REQUIRED.

UM, AND THE, UM, THE SIZE OF OUR LOTS DOWNTOWN, IF YOU TAKE THE NUMBER OF STORIES ABOVE GRADE, THE NUMBER OF UNITS AND THE SIZE OF EACH UNIT, UM, WE CAN, WE BELIEVE THAT WE CAN COMFORTABLY HAVE TWENT, UH, 10 OR FEWER DWELLING UNITS PER STRUCTURE, RATHER THAN JUST FIVE.

SO THAT'S THE NATURE OF THAT CHANGE.

AND THEN LASTLY, UM,

[00:30:01]

THE DEFINITION OF TOWNHOUSE WAS CHANGED SIMPLY TO, UM, CREATE, UH, UM, CONTINUITY WITH THE DEFINITION THAT'S ACTUALLY IN THE ZONING DISTRICT.

OUR ONE T IF YOU READ THAT SECTION IN CHAPTER 53 TALKS ABOUT FOUR OR MORE DWELLING UNITS PER STRUCTURE, BUT OUR DEFINITION SECTION ACTUALLY SAID THREE OR MORE DWELLING UNITS PER STRUCTURE.

SO WE'RE JUST TRYING TO MAKE THEM ALL THE SAME THREE OR THREE UNITS AS A TRIPLEX, BUT FOUR OR MORE AS A TOWNHOME AS KYLE DEFINES IT.

SO, UM, THOSE ARE THE FIRST OF THOSE CHANGES.

UM, THE TALK EARLIER ABOUT CBD TOO, AND THE IDEA OF RESTRICTED MULTI-FAMILY, UM, ONE OF THE RESTRICTIONS ON THAT MULTI-FAMILY IS THAT YOU DON'T HAVE RESIDENTIAL ON THE GROUND FLOOR.

IF YOU DON'T HAVE RESIDENTIAL ON THE GROUND FLOOR, ALL THE RESIDENTIAL IS ON, UH, UM, FLOORS THAT ARE ABOVE OCCASIONALLY TO MAKE ACCESSIBLE UNITS.

YOU WILL HAVE TO BUILD AN ELEVATOR.

UM, THAT IS A VERY EXPENSIVE PROPOSITION FOR ANY STRUCTURE TO PUT AN ELEVATOR IN THE CENTER OF IT.

SO TO BE ABLE TO CREATE, UM, UH, HANDICAP ACCESSIBLE UNITS AND STILL STICK WITH THE SPIRIT OF HAVING A DOWNTOWN WITH A MULTI-FAMILY ABOVE AND SHOPS BELOW, UM, W W WE'VE CREATED THIS TEXT AMENDMENT THAT WILL ALLOW FOR A SINGLE MULTI-FAMILY DWELLING UNIT PER STRUCTURE TO BE ON THE GROUND FLOOR.

SO AS LONG AS IT TAKES ACCESS FROM THE REAR OF THE STRUCTURE, RATHER THAN TAKING ACCESS FROM THE FRONT OF THE STRUCTURE, BECAUSE WE STILL WANT THE FRONT OF THE STRUCTURE TO BE THE POINT OF SERVICE, WHETHER IT'S RETAIL OR INSTITUTIONAL OR COMMERCIAL, OR WHAT HAVE YOU.

SO, UM, LASTLY, MY PET PROJECT, WHICH WE TALKED ABOUT ABOUT A MONTH AGO, UM, WE'RE REDUCING THE SIZE OF TREES AS THEY ARE INSTALLED IN THE GROUND FROM A MINIMUM OF THREE INCH CALIPER TO TWO INCH CALIPER, AND ALSO TALKING A LITTLE BIT ABOUT WHERE THEY CAN BE LOCATED, UM, ON THE LOT OR ADJACENT IN THE RIGHT OF WAY, UH, RIGHT NEXT TO THE LINE, AS, AS WE SHIFT FROM FRONT-LOADED GARAGE HOMES.

AND WE PREFER THAT GARAGE IS BEING THE REAR.

UM, THE FRONT YARD SETBACKS ARE SHRINKING.

PEOPLE ARE ABLE TO MOVE THE HOUSE TOWARDS THE FRONT SIDEWALK WHEN THEY DON'T HAVE TO HAVE A FULL LENGTH DRIVEWAY THAT LEADS TO A FULL-SIZE GARAGE.

WELL, WHEN YOU SHRINK THE SIZE OF THE FRONT YARD, YOU'RE ALSO SHRINKING THE ABILITY TO PUT A CANOPY OVERSTORY TREE.

UM, IT CAN CROWD THE HOME.

AND QUITE HONESTLY, IT'S NOT THE PREFERENCE OF EVERY HOME BUYER TO HAVE A LARGE CANOPY SHADE TREE DIRECTLY IN THEIR FRONT YARD.

SO, UM, IN A, IN A MOVE THAT, UH, CREATES, AND YET STILL ACHIEVES THE SAME GOAL OF HAVING, YOU KNOW, TWO TREES FOR EVERY YARD, FOR A HOME THAT GETS BUILT.

UM, WE'VE, WE'VE CREATED SOME LENIENCY IN THIS, UH, RESTRICTION AND NOTE ONE SO THAT YOU CAN PUT TREES IN THE REAR YARD, AND YOU CAN ALSO PUT THEM IN THE RIGHT OF WAY, UM, THE, THE, UH, ACCESS EASEMENTS OR OTHER PUBLIC RIGHT OF WAY DIRECTLY ADJACENT TO YOUR PROPERTY, AS LONG AS YOU'RE STILL REQUIRED.

UH, AS LONG AS YOU'RE STILL RESPONSIBLE TO THE MAINTENANCE OF THE TREE.

AND IT DOES NOT CONFLICT WITH WHAT UTILITIES, WE DON'T WANT ANYBODY TO PUT A TREE, UH, NEAR WATER OR WASTEWATER LINES THAT CAN CAUSE, UH, UH, A PUBLIC NUISANCE OR A PROBLEM.

SO THAT'S THE SHORT RUNDOWN, THE FULL ANALYSIS IS ACTUALLY LISTED IN THE STAFF REPORT, UM, WHICH I, I GUESS THAT YOU'VE ALREADY REVIEWED BY NOW, SO I CAN MAKE MYSELF AVAILABLE FOR ANY QUESTIONS.

DOES ANYONE HAVE ANY QUESTIONS? IS THERE GOING TO BE A, UM, SQUARE FOOTAGE REQUIREMENT FOR THAT ADA ACCESSIBLE UNIT DOWN AT THE FIRST FLOOR? PROBABLY NOT SPECIFICALLY IN THE TERMS OF ZONING, BECAUSE ZONING IS REALLY, WE LIKE TO TRY AND KEEP IT MORE HIGHER LEVEL WITH LAND USE, BUT THE BUILDING CODES AND ADA CODES, WELL, WE'LL TAKE CARE OF THAT.

I'M NOT ADVOCATING.

YEAH, WE DIDN'T, WE DIDN'T FEEL THE NEED TO PUT A SPOON IN THAT CHILI WHEN THERE'S ALREADY OTHER REGULATIONS ELSEWHERE THAT TAKE CARE OF IT.

WE DON'T NEED TO REDOUBLE THOSE EFFORTS.

IT MAKES YOU USE AS A TOUGH SELL.

SO I GOT IT.

UH, SO ON SECTION 53.5 DEFINITIONS, LOOKING AT BUILDING ACRE EDITION, UH, I WAS JUST, UH, WONDERING WHY HAD CLARIFICATION PURPOSES AT THE END OF BUILDING ACRE INSTEAD OF MAKING NET DENSITY, ITS OWN SPECIFIC THING, JUST FOR CLARIFICATION, EASE OF ACCESS TO THAT, TO PUT THEM ALL IN THE SAME PLACE.

IT'S THE SAME SUBJECT OF WHICH WE'RE SPEAKING.

WE DON'T WANT TO HAVE SOMETHING THAT'S GERMANE TO A TOPIC, BUT LOCATED ELSEWHERE, IF SOMEBODY WAS NOT INCLINED TO LOOK THROUGH THE ENTIRE DEFINITION SECTION FOR EVERYTHING THAT MIGHT ENCOMPASS THEIR QUESTION.

SO WE'VE JUST LUMPED IT ALL TOGETHER.

SO AS A FOLLOW UP, YOU'RE SAYING THERE'S NO OTHER PLACE YOU USE NET DENSITY IN THIS SORT OF WAY.

SO THAT THEY'RE SAYING THESE, THIS IS THE SAME THING AS WHAT YOU'RE SAYING, THAT'S WHAT I HEAR THE NET DENSITY BUILDING ACRE AND BUILDING ACRE EFFECTIVELY.

[00:35:03]

CAN I HAVE A MOTION? I'M SURE.

YES, I MOVE.

WE APPROVE, UH, BESIDE THEM.

DON'T HAVE THE NUMBER HERE IN FRONT OF ME, SORRY.

UH, AS IS WRITTEN, THAT WOULD BE 7, 8, 7, 8 SECOND.

I HAVE A MOTION AND SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR, SAY AYE.

SEVEN, BEING A PUBLIC HEARING TO AMEND CHAPTER 53 ZONING OF THE CITY OF KYLE CODE OF ORDINANCES.

OPPOSED.

MOTION CARRIES

[B.

A public hearing to amend Chapter 53 (Zoning) of the City of Kyle, Code of Ordinances. The following sections will be considered: Sec. 53-1047 – Authorized Conditional Uses; Exhibit A. – Plum Creek Planned Unit Development, Article II. – Planned Unit Development District, Part D. – Additional Use Regulations Sec. 1. - Additional use, height and area regulations and exceptions applicable to PUD districts unless otherwise approved by the city council.

Public Hearing

Recommendation to City Council

]

THE FOLLOWING SECTIONS WILL BE CONSIDERED SECTION 53 DASH 1 0 4 7 AUTHORIZED CONDITIONAL USES EXHIBIT A PLUM CREEK PLANNED UNIT DEVELOPMENT, ARTICLE TWO PLANNED UNIT DEVELOPMENT, DISTRICT PART DATE, ADDITIONAL USE REGULATIONS, SECTION ONE, ADDITIONAL USE HEIGHT AND AREA REGULATIONS AND ACCEPTABLE AND EXCEPTIONS APPLICABLE TO PUG DISTRICTS UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL.

THIS ITEM HAS A PUBLIC HEARING.

I WILL OPEN THE PUBLIC HEARING, SEEING NO ONE HERE FOR THE PUBLIC HEARING.

I WILL CLOSE THE PUBLIC HEARING.

MR. COONS.

WE, WE WENT AHEAD AND MADE THAT LITTLE SCRIBNER'S CHANGE.

UM, THE, THE REAL REASON BEHIND THIS TEXT AMENDMENT IS ACTUALLY AN ECONOMIC DEVELOPMENT EFFORT.

UM, WE HAVE RECEIVED SOME QUESTIONS FROM SOME FOLKS WHO WANT TO BUILD AT, UM, HIGHER DENSITIES, UM, ESPECIALLY WITH TALLER BUILDING HEIGHTS.

AND WE HAVE NOT NECESSARILY BEEN ABLE TO DO THAT BECAUSE STATUTORILY IN OUR CODE, UH, WE ARE KEPT.

AND WHAT WE ARE DOING HERE IS CREATING AN EXPECTATION WHERE, UM, THESE ITEMS CAN BE TALKED ABOUT AND OCCASIONALLY THEY CAN BE FOUND TO BE APPROPRIATE.

OCCASIONALLY THEY WOULD THINK FOUND TO BE INAPPROPRIATE, BUT RATHER THAN HAVING A, UM, A ONE SIZE FIT ALL FOR THE ENTIRE CITY, WE'LL BE ABLE TO TREAT ALL THESE, UH, APPLICATIONS AS THEY COME FORWARD ON THEIR OWN MERITS.

SO AS WE GO THROUGH, UH, THE STAFF REPORT, THE CHANGES THAT WE'RE LOOKING AT ACTUALLY BEGAN ON PAGE TWO.

UM, FIRST OF ALL, WAS JUST A MODERNIZATION OF A VERY OLD CODE THAT WE HAVE HERE, WHERE IT TALKS ABOUT WHERE CHURCHES ARE ALLOWED AND WHETHER OR NOT THE FEDERAL GOVERNMENT HAS STEPPED IN AND PREEMPTED WHERE WE CAN LOCATE CHURCHES AND WHERE WE CAN'T WITH THE REAL LAW.

SO NUMBER SIX IS NO LONGER RELATIVE OR RELEVANT, UH, TO THE CITY'S CODE.

SO WE'VE RENUMBERED AFTER WE GOT RID OF NUMBER SIX ITEM, WHICH IS NOW NEW NUMBER 10, UM, IT'S JUST THE CHANGE IN, UM, UH, A LOCATION REFERENCE TO WHERE, UH, MANUFACTURING AND WAREHOUSES, UH, DESCRIPTION IS LOCATED IN CHECK, UH, SECTION 53, UH, 1106, UM, JUST FOR SPECIFICITY.

SO FOLKS CAN FIND THAT.

AND THEN, UM, LASTLY, AND TH TH THE CRUX OF THIS SECTION CHANGE IS THAT PREVIOUSLY BUILDINGS WHERE THE HEIGHT UP TO 150 FEET COULD BE CONSIDERED, UH, IN THE RS DISTRICT, UM, AS THEY RELATE TO CONDITIONAL USES.

AND THE CHANGE, THE EXPECTATION IS THAT WE WOULD ALLOW BUILDINGS POTENTIALLY UP TO 150 FEET IN ALL ZONING DISTRICTS, IRRESPECTIVE OF WHERE THEY'RE LOCATED.

UM, FOLLOWING THE CONDITIONAL USE PROCESS WHERE IT GOES THROUGH TO THE, THE MAYOR AND COUNCIL, WOULD THERE BE ABLE TO CONSIDER THAT AT A HEARING, UM, THIS DOES NOT AFFECT ANYTHING THAT'S HAPPENING INSIDE THE PLUM CREEK PUD.

SO LATER IN THE SAME TEXT AMENDMENT, WE ALSO MADE AN EQUAL EQUAL CHANGE INSIDE THE PLUM CREEK PUD BECAUSE THEY'RE, THEY'RE, THEIR CODES, UH, ARE SEPARATE AND DISTINCT.

UM, SO WE'VE, WE'VE MADE THE SAME CHANGE NOW.

UM, NOT ALL ZONING DISTRICTS WOULD BE ALLOWED.

THERE WOULD BE A TRIGGER THAT SAYS, YOU KNOW, SINGLE FAMILY ZONING DISTRICTS WITH ATTACHED AND DETACHED SINGLE FAMILY HOUSING, UM, AND THAT'S TO INCLUDE TWO FAMILY STRUCTURES, THREE FAMILY STRUCTURES AND TOWNHOUSES.

THEY ARE NOT, UM, UH, TO BE CONSIDERED FOR BUILDING HEIGHTS UP TO 150 FEET.

THEY WILL BE KEPT BY THEIR INDIVIDUAL METRIC.

THAT'S LOCATED WITHIN THE BOUNDS OF WHATEVER DISTRICTS, UM, IN WHICH THEY'RE LOCATED.

SO IT WOULD BE ALL THE R ONE DISTRICTS, AS WELL AS THE R TWO DISTRICTS AND, UM, THE DISTRICTS, THEY WERE NOT BE AVAILABLE.

SO THIS IS PRIMARILY FOR, UH, RETAIL SERVICES, OFFICE, INSTITUTIONAL WAREHOUSE, UM, CONSTRUCTION, MANUFACTURING, WELL, A NON-RESIDENTIAL DISTRICTS.

BUILDINGS WERE NEVER INTENDED FOR HUMAN CONSUMPTION.

WHAT THEY MEANT TO SAY WAS HUMAN OCCUPATION.

UM, AND TYPICALLY WE CAN JUST PUT OCCUPATION.

[00:40:01]

UM, BUT THEN THE MEAT OF THIS TEXT AMENDMENT IS THAT, UM, THIS IS THE SAME IDEA TO ALLOW FOR, UH, BUILDING HEIGHT, MAXIMUMS FOR MULTIFAMILY VERTICAL MIXED USE AND COMMERCIAL STRUCTURES, UM, AS DETERMINED BY THE CITY COUNCIL AND THE SPECIAL EXCEPTIONS PROCESS AND ADDED TO THE USUAL UNCUSTOMARY SPECIAL EXCEPTION PROCESS.

THE COUNCIL MAY, UM, ON, UH, ON THEIR AFFIRMATIVE VOTE OF FOUR OR MORE MEMBERS REQUEST A RECOMMENDATION FROM P AND Z, JUST A RECOMMENDATION FROM P AND Z ON THE MERITS OF THE REQUEST AS IT COMES FORWARD, THAT'S INSIDE THE PLUM CREEK PUD ONLY.

SO, OKAY.

UM, THE ANALYSIS IS MUCH MORE WORDY AND, AND LONGER THERE, BUT IT'S ALSO MORE IN-DEPTH AND PROBABLY, UH, EXPLAINS IT BETTER THAN I.

SO IF YOU HAVE ANY QUESTIONS I AM AVAILABLE.

I'VE GOT A QUESTION.

HERE WE GO.

ATMOSPHERE, LADIES AND GENTLEMEN, DOES ANYONE HAVE ANY QUICK? YEAH.

I GOT 1.5 THAT MIGHT EVOLVE INTO TWO OR THREE.

I'VE JUST, UH, ARE, UH, CELL PHONE TOWERS OR, UM, BUILDINGS THAT HAVE COMPANY CELL PHONE TOWERS, OR EXCUSE ME, ARE CELL PHONE TOWERS CONSIDERED BUILDINGS OR DOES THAT FALL UNDER ANOTHER DEFINITION, SPIRE OTHER THINGS AS THEY GO ON TOP OF THE BUILDINGS WHETHER OR NOT THEY COUNT THIS, THE STRUCTURE ON TOP OR NOT.

W SO I GUESS I WAS WONDERING, WOULD THIS, UH, WOULD THIS ALLOW YOU TO BUILD SOMETHING IN A UTILITY DISTRICT THAT'S 150 FEET HIGH, AND DO WE NEED TO MAKE THAT LOOK AT THAT AS AN EXCEPTION AND DO WE NEED TO BE WORRIED ABOUT SOMEONE BUILDING SOMETHING I HADN'T 20 FEET AND THEN PUTTING A 30 FOOT TOWER ON TOP OF IT? YEAH.

IT WOULD ALLOW SOMEONE TO ASK IN THE T YOU, THE TRANSPORTATION AND UTILITY DISTRICT OF WHICH I BELIEVE WE ONLY HAVE ONE PROPERTY THAT'S ZONED TO, YOU KNOW, UM, BUT, UM, YES, BECAUSE IT'S, NON-RESIDENTIAL, THEY WOULD BE ABLE TO ASK THE QUESTION.

UM, IT WOULD GO AS A, I BELIEVE AS A CONDITIONAL USE BEFORE THE CITY COUNCIL.

SO I DO HAVE THE ANSWER TO THAT.

UM, LET ME, I'M GOING TO LOOK UP YOUR BUILDING HEIGHT AND SEE IF WE DEFINE, UM, WHAT IS IT? HEIGHT, COMMA BUILDING LIKE .

HMM.

SO HEIGHT MEANS THE VERTICAL DISTANCE FROM THE HIGHEST POINT ON A STRUCTURE TO THE AVERAGE GROUND ELEVATION WHERE THE FOUNDATION MEETS THE GROUND.

MY EXPECTATION WOULD BE THAT A PERTINENT IS THAT WE'RE ON TOP OF A STRUCTURE WOULD COUNT IF IT WAS ATTACHED TO THE STRUCTURE.

IT BECOMES A PART OF THE STRUCTURE.

SO, YES, MY EXPECTATION WOULD BE IF YOU PUT AN AERIAL OR SOME OTHER TYPE OF TOWER, UM, I'M GOING TO SEE IF I CAN DO A, UH, LIKE A KEYWORD SEARCH AND SEE IF I CAN FIND SOMETHING THAT TALKS ABOUT.

UM, .

SO WE HAVE A WIRELESS TELECOMMUNICATION FACILITY ORDINANCE IN CHAPTER 53 ALREADY, UM, WHICH THERE ARE REQUIREMENTS IN THERE, BUT, UM, OH, HERE WE GO.

LET ME SEE GENERAL REQUIREMENTS.

THE HEIGHT LIMITS PRESCRIBED HERE IN SHALL NOT APPLY TO TELEVISION AND RADIO TOWERS, CHURCH SPIRES THEY'LL, FREEZE MONUMENTS, TANKS, WATER, AND FIRE TOWERS, STAGE TOWERS, SCENERY, LOFTS, COOLING TOWERS, ORNAMENTAL TOWERS, AND SPIRES CHIMNEYS, ELEVATOR BULKHEADS, SMOKESTACKS NECESSARY PUBLIC OR PRIVATE UTILITIES, CONVEYORS FLAGPOLES NECESSARY FOR MECHANICAL PERTINENT IS, UM, SO IT SOUNDS LIKE THAT IS AN EXCEPTION THAT IS LISTED IN 53 33, WHICH IS BASICALLY THE CONSTRUCTION METRICS AT THE BEGINNING OF THE DESCRIPTIONS OF EACH OF OUR, UH, ZONING DISTRICTS.

SO IRRESPECTIVE OF, IF WE CHANGE THIS BUILDING HEIGHT, YOU WOULD STILL BE ABLE TO PUT ANYTHING OF THAT CATEGORY ON RADIO TOWERS, CHURCH, SPIRES, BELFRYS WATER TANKS, THAT TYPE OF THING.

YOU'D BE ABLE TO PUT THAT ON TOP OF THE BUILDING AS WELL.

I IMAGINE THAT WOULD COME OUT DURING THE COURSE OF THE CONVERSATION IN FRONT OF THE COUNCIL.

[00:45:03]

ALL RIGHT.

I'M JUST THINKING ABOUT IT.

I'M WONDERING IF I'M WORRIED ABOUT IT.

WELL NORMALLY YEAH, THOSE KINDS OF TOWERS WOULD BE IN A UTILITY DISTRICT, RIGHT? HIS CELL PHONE CELL PHONE TOWER.

ARE WE, ARE WE GOING TO OPEN OURSELVES UP FOR SOME GADI 50 FOOT CELL PHONE TOWER ON TOP OF, ON TOP OF A, YOU KNOW, AN 80 FOOT STRUCTURE OR IS THERE, I DON'T KNOW THE ANSWER TO THAT.

MY, FROM WHAT I'VE READ, AND THIS IS JUST ANECDOTAL, THIS ISN'T NECESSARILY, BUT, UM, MORE AND MORE OF THE INFRASTRUCTURE RELATED TO CELLULAR COMMUNICATIONS IS LESS AND LESS ABOUT STANDALONE TOWERS AND THEY'RE MOVING MORE TOWARDS, UH, MICRO CELLS THAT ARE ATTACHED TO EXISTING STRUCTURES.

SO THEY FIND TALL BUILDINGS, THEY FIND WATER TOWERS, THEY FIND, UM, YOU KNOW, OTHER EXISTING INFRASTRUCTURE AND THEN PUT LOCALIZED ANTENNAS THAT ARE FOCUSED ON, YOU KNOW, CERTAIN AREAS.

UM, THAT IS A LOT OF THE DEVELOPMENT THAT'S HAPPENING IN LARGER CITIES, HOUSTON, DALLAS, CHICAGO, SAN ANTONIO.

UM, WHAT THAT MEANS FOR KYLE? UH, I DON'T KNOW.

I CAN'T TELL YOU THE LAST TIME THAT KYLE PERMITTED A NEW CELLULAR TOWER.

I'M NOT AWARE THAT ANY NEW ONES HAVE BEEN CONSTRUCTED EVEN IN OUR ETJ, LET ALONE IN OUR CORPORATE LIMITS.

SO I DON'T KNOW IF, IF THIS IS GOING TO BE THE WATERSHED MOMENT THAT ALLOWS FOR MORE CELL TOWERS TO BE BUILT ON TOP OF TALL STRUCTURES AND CANADA.

I JUST KNOW WHAT THE 5G, THE DENSITY OF THE TOWERS IS GOING TO GET A LOT GREATER BECAUSE THEY HAVE TO BE A LOT MORE FREQUENT.

AND, UM, I KNOW THESE ARE HALF BAKED THOUGHTS HERE.

I'M STILL CONTEMPLATING, BUT OKAY.

IS THERE ANYTHING STOPPING THEM FROM DOING IT NOW? WILL THIS NOT? WILL THIS AFFECT IT IN ANY WAY? I GUESS THAT'S, THAT'S KIND OF, I GUESS THAT'S MY WORRY.

ARE WE, ARE WE OPENING SOMETHING UP HERE? YOU KNOW, BECAUSE WE'RE NOT, AND I DON'T WANT TO CREATE A, UM, I DON'T WANT TO TILT IT A WINDMILL.

IT'S NOT MOVING HERE, BUT WHERE THEY NOT ALREADY EXEMPT, NOT WHAT HOWARD WAS SAYING.

THE TODAY'S CODE AS IT'S WRITTEN TODAY, WHICH ISN'T CHANGING.

UM, BUILDING HEIGHT IS NOT AFFECTED BY THOSE CATEGORIES THAT I LISTED EARLIER.

UM, SO AS IT SITS TODAY, THEY COULD PUT HOURS.

THEY COULD PUT IT ON TOP.

WE'LL LET IT BECOME A PROBLEM LATER IF IT IS, AND THEN WE CAN DO ANOTHER ONE.

SOUNDS GOOD TO ME.

ANY, ANY OTHER QUESTIONS? YOU SAID YOU HAD A FEAR? NO.

NO.

IT WAS ALL RELATED TO THAT.

ANYONE ELSE HAVE ANYTHING? NO.

A MOTION THAT WE APPROVE.

ITEM SEVEN, B RECOMMENDATION TO CITY COUNCIL, UH, FOR APPROVAL AS PRESENTED.

SECOND, I HAVE A MOTION AND A SECOND.

IS THERE ANY FURTHER DISCUSSION THOSE IN FAVOR? SAY AYE.

OPPOSED.

MOTION CARRIES

[C.

(Postponed on 6/8/21 & 6/22/21) Consideration of Exception to Sec. 41-10(b)(c), City of Kyle Subdivision Code (Exception to requiring platting for 400, 402, 404 S. Burleson).

]

SEVEN, SIX.

HERE WE GO.

THIS WAS POSTPONED ON 6, 8 21 AND 6 22 21.

THIS IS JUST TO CONSIDERATION OF EXCEPTION TO SECTION 41 DASH 10 BC CITY OF KYLE SUBDIVISION CODE EXCEPTION TO REQUIRING PLATTING FOR 404 0 2 AND 4 0 4 SOUTH BURLESON.

MS. STAFF WOULD RECOMMEND THAT YOU VOTE TO POSTPONE THIS TO THE AUGUST 10TH VOTING MEETING.

ITEM NUMBER EIGHT, GENERAL DISCUSSION DISCUSSION ONLY REGARDING PLANNING AND ZONING COMMISSION REQUEST FOR FUTURE AGENDA ITEMS. THIS IS IT GUYS.

MAKE A MOTION TO POSTPONE TO THE AUGUST MEETING AUGUST 10TH MEETING.

I HAVE EMOTION.

CAN I HAVE A SECOND, SECOND MOTION AND A SECOND, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE, ALL THOSE OPPOSED MOTION CARRIES

[A. Discussion only regarding Planning and Zoning Commission request for future agenda items.
]

ANYTHING YOU WANT TO THROW OUT THERE? WELL, I'M ON A LITTLE CHURCH MASS NOW.

AREN'T WE? OKAY.

[A. Staff Report by Howard J. Koontz, Director of Planning and Community Development.]

ITEM NUMBER NINE.

STAFF REPORT

[00:50:01]

STAFF REPORT BY HOWARD J COONS, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT.

MR. COONS, I DON'T HAVE ANYTHING OF IMPORT, UH, TO CONVEY TO YOU THIS EVENING.

UM, I CAN ACCEPT ANY QUESTIONS FROM YOU, BUT I DON'T THINK I HAVE ANYTHING FOR THE, ANYBODY HAVE ANY QUESTIONS FOR MR. KUHN? NO.

ADJOURNMENT WITH EMOTION.

ITEM NUMBER 10.

I HAVE EMOTION.

I MOVED TO ADJOURN.

CAN I HAVE A SECOND MOTION AND A SECOND? ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.