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[1. CALL THE MEETING TO ORDER]
30.I WOULD LIKE TO CALL THE CITY OF KYLE PLANNING AND ZONING COMMISSION.
SPECIAL CALLED MEETING TO ORDER.
CAN I HAVE A ROLL CALL, PLEASE? MEYER HERE.
GARAH HERE, JAMES HERE, CHASE HERE.
THE NEXT ITEM IS CITIZENS COMMENTS, MEMBERS OF THE PUBLIC THAT WISH TO SPEAK ABOUT ANYTHING.
NOT ON THIS AGENDA MAY COME UP.
NOW I WILL OPEN CITIZEN'S COMMENTS.
IS THERE ANYONE HERE WHO WISHES TO SPEAK? IS THERE ANYONE ON THE PHONE MS. DEB? NO MISS SEEING NO ONE.
[A
Consider a request for a comprehensive plan amendment to add Warehouse ‘W’ and Construction Manufacturing ‘CM’ Zoning Districts to the ‘Regional Node’ Land Use District in the Comprehensive Plan, in the City of Kyle, Texas. (Caraway Cattle Co. Family Partnership – Z-21-0087)
- Public Hearing (Second of Two Public Hearings)
- Recommendation to City Council
CONSIDER A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO ADD WAREHOUSE W AND CONSTRUCTION MANUFACTURING, CM ZONING DISTRICTS TO THE REGIONAL NODE LAND USE DISTRICT IN THE COMPREHENSIVE PLAN IN THE CITY OF KYLE, TEXAS CARAWAY CATTLE COMPANY, FAMILY PARTNERSHIP, Z 21 0 0 8 7.
THIS IS THE SECOND OF TWO PUBLIC HEARINGS.
SO I WILL OPEN THE PUBLIC HEARING FOR THIS FIRST.
IS THERE ANYONE HERE WHO WANTS TO SPEAK TO THIS ITEM? SEEING NO ONE? I WILL CLOSE THE PUBLIC HEARING.
UH, WELL, I CAN SEND FOR THE RECORD, UH, CITY PLANNER, UH, BEFORE YOU, WE HAVE A REQUEST TO INCLUDE, UM, BOTH THE WAREHOUSE AND THE CONSTRUCTION MANUFACTURING, ZONING DISTRICTS BACK INTO THE REGIONAL NODE WITHIN THE CITY OF KYLE, UM, IN 2017, UM, WITH A CODE AMENDMENT UPDATE, UH, WE HAD REMOVED IT, NOT OBVIOUSLY KNOWING WHAT WAS GOING TO BE HAPPENING OVER THE NEXT FEW YEARS.
AND, UH, WE'VE SEEN EXTREME GROWTH PRESSURE IS IN TERMS OF LOGISTICS AND MANUFACTURING SINCE THEN.
UM, AS MUCH AS THE REGION HAS AND, YOU KNOW, ACROSS THE U S HAS, UM, THE, UM, INTERESTED PARTIES ARE WANTING TO PURCHASE, UM, THE CARAWAY TRACT, WHICH IS THAT, UM, THE NORTHEAST INTERSECT PORTION OF THE INTERSECTION OF BB ROAD AND
UM, THIS IS AN ATTEMPT TO DO THAT.
UM, THIS WAS WHAT THIS WAS PART OF OUR LARGER OVERALL, UM, IDEA OF UPDATING OUR COMPREHENSIVE PLAN THIS YEAR.
HOWEVER, UM, BECAUSE OF CONTRACTUAL OBLIGATIONS BETWEEN THEMSELVES AND THE AIRWAY PROPERTY, THEY, UM, THEY NEEDED TO MOVE IT UP.
SO WE SAID, OKAY, WE'RE, WE'RE CONSIDERING THE SAME WAY.
UM, IN SHORT, UM, THE REASON WHY SO MANY PEOPLE, SO MANY LOGISTICS COMPANIES AND, AND, AND MANUFACTURERS LIKE THE IHS 35 CORRIDOR IS BECAUSE IT HAS HIGH VISIBILITY HAS GREAT INFRASTRUCTURE IN TERMS OF, UM, IN TERMS OF A ROAD INFRASTRUCTURE THAT CAN GET ON AND OFF THE INTERSTATE VERY QUICKLY, UM, WITH VERY MINIMAL TRAVELING THROUGH TOWN, LIKE FOR THE SECONDARY ROADS AND WHAT HAVE YOU.
AND SO IN SOME CASES IT'S A GOOD IDEA TO HAVE CONSTRUCTION AND LOGISTICS AND WHAT HAVE YOU, BUT NOT IN EVERY SINGLE PLACE.
SO WE HAVE, WE ARE RECOMMENDING ALLOWING IT CONDITIONALLY, UM, WHICH ALLOWS US TO BE JUDICIOUS ON WHERE WE BELIEVE IT MIGHT BE APPROPRIATE WHEN PEOPLE COME FORWARD AND ASK ABOUT IT, IF THEY CAN ZONE THIS, UH, TO, TO ONE OF THESE AREAS.
NOW, THAT BEING SAID, UH, THE PRIMARY AREA WHERE THE REGIONAL NOTICE IS ON
UM, THERE ARE OTHER AREAS, UM, LIKE, UH, FOR EXAMPLE, 21 AND EAST F-150, UH, DIFFERENT LAW, OTHER LITTLE PARTS AROUND THE TOWN THAT HAVE REGIONALLY, BUT A MAJORITY OF WHAT WE'RE, WHAT WE BELIEVE, WHAT WILL HAPPEN, OR THE INTERESTED PARTIES ARE, WILL BE ALONG AGE 35.
UM, STAFF RECOMMENDS THAT WE ALLOW THIS CONDITIONALLY, BOTH THE WAREHOUSE AND CONSTRUCTION MANUFACTURING, ZONING DISTRICT.
UM, AND WE ASKED THAT Y'ALL, UM, MAKE A RECOMMENDATION ABOUT AS WELL IN SUPPORT OF THAT.
DO Y'ALL HAVE ANY QUESTIONS? ARE THERE ANY QUESTIONS FROM, FOR, GO AHEAD, PAUL? YEAH, JUST THERE'S THE PRIMARY CONCERN LIKE WASTEWATER INFRASTRUCTURE OR IS IT, UM, THAT AND OTHER ITEMS OR NOT THAT PART OF THE QUESTION, UM, WHENEVER
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SOMEONE WANTS TO REZONE ANY PARTICULAR PARTY OR ANY PARTICULAR PROPERTY, EXCUSE ME.OH, WE HAVE TO, WE, WE BRING IN ALL, UM, DEPARTMENTS, UH, ENGINEERING, PUBLIC WORKS, WHO DEAL WITH, UH, THAT KIND OF INFRASTRUCTURE.
AND THAT'S SOMETHING WE LOOK AT, UM, FROM THE GET-GO WE'RE LIKE, OKAY, DO THEY HAVE SUFFICIENT, UH, WATER AND WASTEWATER LINES AND CAPACITY? AND DO THEY HAVE A SUFFICIENT ROAD INFRASTRUCTURE OR ARE THEY, IF THEY GET IT REZONED, ARE THEY LIKELY TO BE EVEN ABLE TO DEVELOP A SITE? THAT WAS THE QUESTION.
SO THE CONDITIONAL, UM, DESIGNATION ALLOWS US TO, UH, KIND OF PROTECT, UH, SOME OF THE STUFF WHERE WE'RE FARTHER AWAY FROM THE WASTEWATER INFRASTRUCTURE, BUT GIVE US THE FLEXIBILITY TO, TO REZONE TO THESE, THESE TWO TYPES OF ZONING WHERE WE HAVE, UH, THAT KIND OF STUFF AVAILABLE WITHOUT HAVING TO REACT IMMEDIATELY, OR EVEN, I DON'T KNOW, BE CAPABLE OF PROVIDING THOSE KINDS OF THINGS.
IS THAT, IS THAT A PRETTY GOOD SUMMATION OR UNDERSTANDING OF IT THEN? UH, PARTIALLY.
UH, THE OTHER SIDE OF IT IS WE IT'S ALSO GIVE US AN OPPORTUNITY TO, TO COME OVER IF WE BELIEVE IT'S APPROPRIATE, UM, FOR THIS TYPE OF DEVELOPMENT TO HAPPEN CLOSE TO RESIDENTIAL USES OR OTHER USES, AND NORMALLY WHAT THE APPROPRIATE NEXT TO SO, OR THAT IT WOULD BE.
SO IT GIVES US A LITTLE BIT MORE, UM, LEEWAY IN TERMS OF CONSIDERING IT, IF YOU WILL.
WELL, I THINK IT DOES MAKE SENSE FROM THE UTILITY INFRASTRUCTURE STANDPOINT.
SO I'D BE IN FAVOR OF THE CONDITIONAL RATHER THAN THE RECOMMENDED.
ARE THERE ANY OTHER QUESTIONS FOR MR. ATKINSON WHEN I READ YOUR REPORT FROM THE LAST TIME IT TALKED ABOUT OVERALL WANTING TO DO A TRANSITION FROM REGIONAL NOTE TO THIS TYPE OF, OF ZONING, IS WILL THIS TRANSITION, WILL THIS BE A SMOOTH, WILL IT INTEGRATE INTO THE REGIONAL NODE? WELL, AS FAR AS VISUALLY, AS FAR AS, MM, IT CAN, IT DEPENDS ON, IT HONESTLY DEPENDS ON WHERE IT IS IN THE CITY, WHICH IS WHY WE HAVE TO BE CAREFUL ABOUT IT.
UM, AND A LOT OF IT HAS TO DO WITH, UH, OUR CODE THE WAY IT CURRENTLY EXISTS WHEN IT COMES TO AESTHETICS AND FACADES, BUT ALSO, UM, WHERE, WHERE THE INTERSTATE INTERSECTS WITH STATE LAW.
UM, SO WE HAVE SOMETHING CALLED THE
UM, THE, UM, THE WAREHOUSE AND LOGISTICS, UM, CONSTRUCTION, MANUFACTURING, ANYTHING ALONG THE IHC, I, I H 35 CORRIDOR WOULD HAVE TO COMPLY WITH THAT SECTION OF CODE.
AND WE HAVE OTHER OVERLAY DISTRICTS AS WELL, UH, WHICH ARE A LITTLE BIT LESS ROBUST WHEN IT COMES TO FACADES.
UM, BUT ALSO WE DON'T HAVE AN OPPORTUNITY, OR I DON'T SAY WE DON'T HAVE AN OPPORTUNITY.
WE HAVE TO BE EXTREMELY CAREFUL IF WE ARE GOING TO UPDATE THOSE OVERLAY DISTRICTS BECAUSE STATE LAW, UH, BACK IN 2018, WENT INTO EFFECT A HOUSE THAT SEVERELY LIMITS FACADE MATERIALS THAT, UM, AND THAT, THAT CITIES ARE ALLOWED TO USE THE STATE OVER IT.
SO THAT IS SOMETHING WE CAN ALSO KEEP IN MIND AS WELL, WHENEVER WE'RE CONSIDERING A REZONING AS WELL, EVEN THOUGH WE WON'T NECESSARILY DISCUSS IT AT THE REZONING LEVEL, IF YOU WILL.
UM, THINGWORX IS TALKING ABOUT, THIS IS ABOUT OPPORTUNITY WITHIN THE REGIONAL NODE.
HOW MUCH OF THE REGIONAL NODE LAND IS NOT CURRENTLY DEVELOPED UPON? THAT'S A GOOD QUESTION.
AND THAT WAS NOT A QUESTION THAT WE WERE NECESSARILY EXPECTING.
SO I, I DON'T KNOW THE ANSWER TO THAT.
UM, THAT IS A, THAT'S DEFINITELY A GOOD QUESTION, BUT I DON'T KNOW WHAT THE ANSWER IS ON IT.
UM, ALSO SINCE WE'RE TALKING ABOUT ADDING THIS TO THIS, I KNOW IT SEEMS LIKE A FAIRLY COMMON THING TO HAPPEN.
I'M JUST CURIOUS WHY WE DIDN'T INCLUDE THIS IN THE PREVIOUS UNDERSTANDING OF THE REGIONAL NODE.
WAS THERE ANY DISCUSSION AS TO, UM, AS TO WHY IT WASN'T IN CLEAR OR WAS THIS JUST LIKE, UH, UH, I THINK THERE WASN'T THE OPPORTUNITY THERE BEFORE I REFERRING BACK TO 2017, CORRECT.
UM, IT WAS IN THERE IN 2017, BUT THERE WASN'T A LOT OF INTEREST IN WHERE THERE WAS INTEREST.
IT WAS MOSTLY, UM, MINI STORAGE OR
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SELF STORAGE, IF YOU WILL.UM, AND SO I BELIEVE THAT'S WHY HE WAS REMOVED.
I DON'T REMEMBER THE REASON WHY I SPECIFICALLY THOUGH.
UM, BUT AT THAT TIME IN 2017, THE MOST INTEREST WE DID HAVE WAS IN SELF STORAGE AND WE DIDN'T WANT THAT FILLING UP THE INTERSTATE.
UM, THAT IS A USE ALLOWED USE ALLOWED IN BOTH THE WAREHOUSE AND CONSTRUCTION MANUFACTURING DISTRICTS, BUT BY FAR, UM, ANYTHING THAT WE'RE SEEING INTEREST IN IS THOSE LARGER SCALE, UH, TILT WALL CONSTRUCTION, LARGE LOGISTICS CENTERS, MANUFACTURERS, EVERYTHING LIKE THAT RIGHT NOW.
UM, THERE'S BEEN VERY LITTLE INTEREST ON OUR, ON OUR RADAR FROM SELF STORAGE AND MINI STORAGE.
ANYONE ELSE, I GUESS I KIND OF HAVE A FOLLOWUP TO THAT, WHICH IS RACHEL THE REGIONAL NOTE ISN'T NECESSARILY ALWAYS JUST LONG
UM, THERE ARE THREE OTHER SPOTS ON THE CITY, UM, INCLUDING NORTH OF PLUM CREEK UP TOWARDS BUDA.
I'M CURIOUS WHAT THIS WOULD DO IN TERMS OF EXPECTING SELF STORAGE IN THESE AREAS.
DO YOU MIND IF I SHARE THE, THE MAP? SURE.
SO RIGHT HERE, WE GOT THE MAP, UH, ALL THE ORANGE, NOT THE LIGHT ORANGE, BUT THE ORANGE, THE BANDS ALONG
UM, THEY CAN SEE AROUND ON THE NORTH SIDE, UM, THOSE ARE THE REGIONAL NODES.
SO THE COMPREHENSIVE PLAN IS A FOUNDATION FOR ZONING.
HOWEVER, THE ZONING DISTRICTS THAT ARE ALLOWED IN CERTAIN PARTS OF THE CITY DON'T NECESSARILY MATCH WHAT OUR COMPREHENSIVE PLAN DOES.
FOR EXAMPLE, THE ONE THAT'S AT THE INTERSECTION OF 16, 26 AND 27 70 IS ABSOLUTELY PLUM CREEK AND THEY HAVE A DIFFERENT DEVELOPMENT CODE THAN US.
SO, UM, IT WOULD HAVE TO, WE WOULD HAVE TO TAKE A LOOK AT THAT SPECIFIC SPECIFICALLY WHEN IT COMES TO PLUM CREEK.
UM, AND WHAT'S, YOU KNOW, WHAT PEOPLE ARE WANTING TO DO AND WHAT HAVE YOU.
UM, BUT WHEN IT COMES TO LIKE REGIONAL NODES, THEY'RE AT LIKE SHADOW CREEK AND CROSS WINDS, THERE, THERE COULD BE AN OPPORTUNITY FOR, FOR WAREHOUSE AND LOGISTICS.
HOWEVER, THEY ALSO HAVE TO KEEP IN MIND THE TRANSPORTATION NETWORK, THE WATER, THE WASTEWATER, IT MAY NOT BE, YOU'RE NOT GOING TO PROBABLY HAVE LARGE SCALE STUFF OVER THERE, LIKE
UM, SO WHICH GOES BACK TO, WE HAVE TO BE CAREFUL.
IT'S OKAY TO HAVE IT ALONG ICE.
I 35 IN CERTAIN AREAS IN SOME PARTS OF IT.
AND, BUT WE STILL HAVE TO BE CAREFUL.
I DON'T KNOW IF THAT ANSWERED YOUR QUESTION MUCH, BUT, UM, WITHOUT HAVING TO WALK ON A DEMOCRAT, THAT WAS MEANS, SO WILL I, I HAVE A SMALL QUESTION WHEN THIS WAS IN THE COMPREHENSIVE PLAN BEFORE 2017, WHEN IT WAS YANKED OUT, WAS IT IN THERE AS CONDITIONAL, BECAUSE A CONDITIONAL USE GIVES US THOSE SAFEGUARDS TO SAY, YES, IT GOES GOOD IN THIS REGIONAL NODE.
AND NO, IT DOESN'T GO GOOD IN THAT REGIONAL NODE.
I'M JUST CURIOUS WHEN IT, PRIOR TO IT BEING TAKEN OUT, DO YOU KNOW IF IT WAS IN THERE AS CONDITIONAL OR JUST, UM, RECOMMENDED, YOU KNOW, OFF HAND? I DON'T KNOW THE ANSWER, BUT I, I BELIEVE IT WAS CONDITIONER.
CONDITIONAL MAKES SENSE FOR IT, ESPECIALLY ON
THEN YOU WOULD WRITE IN THE CENTER OF THE CITY.
YOU'RE NOT GOING TO WANT A BIG MANUFACTURING PLANT.
SO IF WE HAVE A CONDITIONAL, THE CITY CAN CONTROL THAT.
I'M GOING TO FISH FOR EMOTION NOW.
UM, IF, IF, UH, THIS DOESN'T PASS THOUGH, THERE'S STILL A REMEDY, RIGHT? IT WOULD HAVE TO BE LIKE A PRIVATE DEVELOPMENT AGREEMENT.
IS THAT, IS THAT HOW IT WOULD WORK ONE, BUT WE HAVE TO BE CAREFUL WITH DEVELOPMENT AGREEMENTS.
I WILL SAY THAT, UM, A BIG, A BIG CHUNK OF, WE HAVE TO BE CAREFUL WHEN IT COMES TO ZONING, BECAUSE OUR COMPREHENSIVE
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PLAN IS THE FOUNDATION THAT THERE'S ZONING REST ON IT.AND THE DEVELOPMENT OF OUR CITY AND ANY DEVELOPMENT AGREEMENT SHOULD FOLLOW WHAT THE COMPREHENSIVE PLAN SETS AS WELL, BECAUSE WE CAN GET IN TROUBLE.
IF SOMEONE WANTED TO PROTEST THAT, DIDN'T TAKE US TO COURT.
I'M NOT SAYING IT WOULD HAPPEN, BUT IT'S, IT COULD, IT COULD HURT US IN FUTURE SITUATIONS, I GUESS.
BUT 1, 1, 1 POINT IS THE WAY THE ORDINANCE IS WRITTEN.
I DON'T HAVE IT PULLED UP IN FRONT OF ME.
IS IT WRITTEN AS CONDITIONAL? UH, AND NOT RECOMMENDED RIGHT NOW? OKAY.
WELL, MADAM CHAIR, I MOVE, OH, GO AHEAD.
RIGHT NOW, A WAREHOUSE AND CONSTRUCTION MANUFACTURING ARE NOT IN THE REGIONAL NOTE AT ALL.
THEY'RE JUST NOT, BUT THE ONE THAT'S PROPOSED THE AMENDMENT ALLOWS THEM CONDITIONALLY.
I, I, I RECOMMEND WE, UH, WE PASSED THE AMENDMENT AS PROPOSED WITH, UH, WITH THESE ADDITIONAL ZONING CATEGORIES IS RECOMMENDED.
I HAVE A MOTION AND A SECOND, IS THERE ANY FURTHER DISCUSSION? YES.
I THINK THIS IS EXACTLY THE REASON FOR CONDITIONAL, UM, UM, OPTION.
THERE ARE PARTS OF THE REGIONAL NODE WHERE THIS WOULD MAKE SENSE, AND THERE ARE PARTS WHERE IT ABSOLUTELY WOULD NOT.
AND SO, UH, TO GIVE BOTH OUR BODY, OUR FUTURE PEOPLE THAT SERVE HERE AND ON THE COUNCIL, THE OPPORTUNITY TO WHEN IT DOES MAKE SENSE, APPROVE IT, THAT, UM, I VERY MUCH SUPPORTED THIS BECAUSE, UM, IT SHOULD BE CONDITIONAL AND NOT RECOMMENDED.
ANYONE ELSE? UM, I JUST WANT TO SAY AFTER THE QUESTION, OH, I JUST WANTED TO, EVEN AFTER THE QUESTIONS, UH, I'LL STILL BE VOTING FOR IT.
I THINK I'M COMING TO A PLACE WHERE THE REGIONAL NODES THAT DON'T EXIST ALONG 8 35, UM, ARE KIND OF IN A DIFFERENT PART OF THEIR ZONING JOURNEY THAN THE D THEN THEIR REGIONAL NODES ON
SO I HAVE ELIZABETH A. LITTLE BIT OF HESITANCY.
I THINK THE CONDITIONAL USE IS SUPER IMPORTANT, UM, FOR WHAT WE'RE DOING HERE, I THINK I'LL STILL VOTE FOR IT.
ANYONE ELSE? ALL THOSE IN FAVOR, SAY AYE.
MOTION CARRIES ITEM NUMBER FOUR.
COULD I HAVE A SECOND, SECOND MOTION AND A SECOND.
ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.