[00:00:05]
[1. Call Meeting To Order]
6 35 AND UM, THE DATE IS FEBRUARY 8TH, 2022.AND I'D LIKE TO CALL THIS REGULARLY SCHEDULED PLANNING AND ZONING MEETING TO ORDER.
UH, CAN WE HAVE A ROLL CALL, PLEASE HEAR MY CALL.
[3. Minutes]
UH, ITEM NUMBER THREE MINUTES.UM, PLANNING AND ZONING COMMISSION MEETING MINUTES FOR JANUARY 11TH, 2022.
REGULAR MEETING JANUARY 18TH, 2022.
COMMISSIONER LIKE TO MAKE A MOTION TO APPROVE THE MINUTES.
IT'S BEEN MOVED BY COMMISSIONER SHAY, SECONDED BY COMMISSIONER JAMES.
IS THERE ANY DISCUSSION ON THE MOTION? OKAY.
[4. Citizen Comments]
FOR CITIZEN COMMENTS.AT THIS TIME, WE WILL OPEN CITIZEN COMMENTS.
IF THERE'S ANY MEMBERS OF THE, UH, ANY CITIZENS WHO WOULD LIKE TO SPEAK ON ANY OF THE ITEMS LISTED.
WE DO HAVE SEVERAL THAT HAVE, UM, WE HAVE SEVERAL THAT HAVE PUBLIC HEARINGS, BUT IF YOU'D LIKE SPEAK AT THIS TIME, YOU ARE ABLE, WE ASK THAT YOU LIMIT YOUR TIME TO THREE MINUTES.
AND, UH, FIRST WE HAVE MISS LAILA AND I THANK YOU.
MY NAME IS LILA NIGHT AND I LIVE HERE IN KYLE.
UM, I HAD A FEW CONCERNS THAT I'D LIKE TO EXPRESS TONIGHT.
MY FIRST CONCERN IS THAT FOR TWO AGENDAS.
NOW I'VE SEEN THAT YOU'VE HAD ON THE AGENDA EXECUTIVE SESSION AND I DON'T SEE THE ATTORNEY HERE TODAY, ALTHOUGH I GUESS YOU COULD PROBABLY CALL HIM, BUT, UM, I'M NOT CERTAIN WHY IT'S NECESSARY FOR PLANNING AND ZONING TO GO INTO EXECUTIVE SESSION.
AND I'M JUST ASSUMING THAT ALL OF YOU HAD TO HAVE TAKEN, UH, THE REQUIRED OPEN MEETINGS TRAINING.
AND I WOULD JUST ALSO GUIDE YOU.
THE ATTORNEY GENERAL'S OFFICE HAS A GREAT, UH, OPEN MEETINGS HANDBOOK AND THE 2022 EDITION IS OUT.
AND YOU MIGHT WANT TO READ VERY CAREFULLY UNDER THE PARTICULAR SECTION THAT Y'ALL ARE, UH, THAT STAFF HAS PLACED ON THE AGENDA.
UH, SECONDLY, I'M HERE BECAUSE OF THE PROPOSED CHANGES TO THE ZONING ORDINANCE.
THE MEMO STATES THAT THESE CHANGES ARE QUOTE AT THE BEHEST OF THE CITY OF KYLE ADMINISTRATION.
QUITE FRANKLY, I DON'T KNOW EXACTLY WHO THAT IS, BUT I BELIEVE THAT PROPOSED, UH, PROPOSALS, ZONING CHANGES ACTUALLY ANY ORDINANCE AMENDMENT SHOULD COME FROM PLANNING AND ZONING COMMISSIONERS OR THE CITY COUNCIL YOU ARE, ARE EITHER ELECTED REPRESENTATIVES OR THE APPOINTEES OF OUR ELECTED REPRESENTATIVES.
AND QUITE FRANKLY, I TRUST YOU.
UM, ALSO IN THIS STAFF MEMO, THERE WAS NO EXPLANATION AT ALL FOR WHY ADDING BARS, WITHOUT RESTAURANTS IN BREWPUBS, UH, WAS BEING ADDED TO CBD TOO.
I WOULD SORT OF LIKE TO SEE AN EXPLANATION OF THAT.
AND ALSO THE RESTRICTION ON CAR WASHES, STORAGE PLACES, AND GAS STATIONS REALLY APPEARS TO PROMOTE A BIT OF A GEOGRAPHIC MONOPOLY FOR SPECIFIC EXISTING BUSINESSES.
I'M NOT NECESSARILY A BIG FAN OF SOME OF THESE TYPES OF MS BUSINESSES, BUT I DON'T BELIEVE THE ROLE OF CITY GOVERNMENT IS TO RESTRICT FREE TRADE AND MAKE DECISIONS FOR PRIVATE PROPERTY OWNERS ON WHAT TYPE OF BUSINESS THEY WOULD LIKE TO OPEN.
I'M CERTAIN I COULD COME UP WITH SOME OTHER TYPES OF BUSINESSES THAT DIDN'T DIDN'T REQUIRE.
A LOT OF EMPLOYEES TOOK UP A LOT OF SPACE.
I MEAN, WE GOT TO TALK ABOUT PARKING LOTS FOR THAT MATTER, BUT, UM, I ALSO THINK THAT A NUMBER OF THOSE TYPES OF BUSINESSES ARE MISSING ON YOUR MAP.
SO THAT'S ALL I HAVE TO SAY AND THANK YOU VERY MUCH.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK DURING CITIZEN COMMENTS? OKAY.
CITIZEN COMMENTS IS NOW CLOSED.
[00:05:01]
ITEM NUMBER[5. Executive Session]
FIVE, EXECUTIVE SESSION FIVE, A EXECUTIVE SESSION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 5 5 1 DASH ZERO SEVEN.ONE CONSULTATION WITH ATTORNEY REGARDING PROCEDURAL MATTERS RELATED TO IT REQUESTS TO REZONE APPROXIMATELY 8.32 ACRES OF LAND FROM RETAIL SERVICES, DISTRICT RS TO MIXED USE DEVELOPMENT MXD FOR PROPERTY LOCATED AT KYLE MARKETPLACE SECTION TWO LOT A AND 19.48 ACRES OF LAND FROM RETAIL SERVICE DISTRICT S TO MIS MIXED USE DISTRICT MXD FOR PROPERTY LOCATED AT KYLE MARKETPLACE.
SECTION TWO, BLOCK F AND HAYES COUNTY, TEXAS CSWS CASEY, UH, I L L C Z DASH TWO ONE DASH 0 0 8 9.
A REQUEST TO REZONE APPROXIMATELY 5.13 ACRES OF LAND FROM A AGRICULTURE TO W WAREHOUSE DISTRICT FOR PROPERTY LOCATED AT 1 3 5 1 BUTTON CREEK ROAD IN HAYES COUNTY, TEXAS DASH TWO ONE DASH 0 0 9 3.
I REQUEST TO CONSTRUCT APPROXIMATELY 880 SQUARE FOOT FREESTANDING BUILDING WITH WALK UP AND DRIVE THROUGH SERVICE LOCATED AT 2 0 3, 2 5.
I AGE 35 WITHIN THE ZONING OVERLAY DISTRICT DUTCH BROTHERS COFFEE, CONDITIONAL USE PERMIT C U P DASH TWO ONE DASH 0 0 4 1 A REQUEST TO CONSTRUCT APPROXIMATELY 5,031 SQUARE FOOT FREESTANDING BUILDING AND SITE PLAN FOR PROPERTY LOCATED AT TWO THREE TO FIVE.
KOHLER'S CROSSING WITHIN THE ZONING OVERLAY DISTRICT MINUS AUTOMOTIVE EXPERTS, CONDITIONAL USE PERMIT C U P DASH TWO ONE DASH 0 0 4 5.
A REQUEST TO CONSTRUCT APPROXIMATELY 43,803 SQUARE FOOT OFFICE WAREHOUSE BUILDING AND SITE PLAN LOCATED AT 2 5 0 GATEWAY BOULEVARD WITHIN THE ZONING OVERLAY, DISTRICT HAYES LOGISTICS, CONDITIONAL USE PERMIT CUP DASH TWO TWO DASH 0 0 4 8.
A REQUEST TO CON UH, OR REQUEST FOR CONDITIONAL USE PERMIT FOR THE PURPOSE OF ALLOWING A HEIGHT INCREASE FOR FUTURE BUILDING LOCATED AT 2 4 8 0 1 ORDINANCE NUMBER 161, SECTION FIVE, THREE DASH 1 0 4 7 12 ALLIANCE, INDUSTRIAL COMPANY, C U P DASH TWO TWO DASH 0 0 4 6 AND AMENDMENT TO SECTION FIVE, THREE DASH 1 2 3 0 ZONING TO RESTRICT CERTAIN USES AND AMEND THE ASSOCIATED ZONING USE CHART.
THE TIME IS, UH, 6 43 AND, UH, WE WILL GO INTO EXECUTIVE SESSION NOW.
I WOULD LIKE TO, UM, CALL OR MEETING BACK TO ORDER.
[6. Consent]
CONSENT AGENDA.WE HAVE ITEMS A, B AND C ON CONSENT AGENDA.
MR. JASON, LIKE TO MAKE A MOTION TO APPROVE CONSENT A THROUGH C SECOND.
IT HAS BEEN MOVED BY COMMISSIONER CHASE SECONDED BY COMMISSIONER SNYDER.
IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
[7A. Consider a request to rezone approximately 8.32 acres of land from Retail Service District ‘RS’ to Mixed-Use Development ‘MXD’ for property located at Kyle Marketplace Sec. 2 Lot A & 19.48 acres of land from Retail Service District ‘RS’ to Mixed-Use District ‘MXD’ for property located at Kyle Marketplace Sec. 2 Block F, in Hays County, Texas. (CSW KC II, LLC. - Z-21-0089)]
ITEM SEVEN, UH, ZONING SEVEN, A CONSIDER REQUEST TO REZONE APPROXIMATELY 8.32 ACRES OF LAND FROM RETAIL SERVICE DISTRICT R S TO MIXED USE DEVELOPMENT MXD FOR PROPERTY LOCATED AT KYLE MARKETPLACE.UM, SECTION TWO LOT A AND 19.48 ACRES OF LAND FROM RETAIL SERVICES DISTRICT R S TO MIXED USE DISTRICT MXD FOR PROPERTY LOCATED AT KYLE MARKETPLACE, SECTION TWO, BLOCK F AND HAYES COUNTY, TEXAS CSW, CASEY, I I L L C Z DASH TWO ONE DASH 0 0 8 9.
WE DO HAVE A PUBLIC HEARING FOR THIS ITEM.
THERE'S NO OBJECTIONS I'M GONNA OPEN THE PUBLIC HEARING.
IF THERE'S ANYONE WHO'D LIKE TO SPEAK ON THIS ITEM, YOU MAY COME UP NOW SEEING NONE, I WILL GO OUT AND CLOSE.
THE PUBLIC HEARING PUBLIC HEARING IS NOW CLOSED.
WE'LL I CAN SEND FOR THE RECORD SENIOR PLANNER, UM, BEFORE YOU AS STATED WE HAVE PETITIONED Z DASH 21 0 0 8 9 TO REZONE, APPROXIMATELY 8.32 ACRES FROM RETAIL SERVICES TO MIXED USE DEVELOPMENT AND THEN 19.48 ACRES FOR RETAIL SERVICES TO AMEX AS WELL.
UH, BEFORE YOU, WE GOT THE VICINITY MAP UP ON SCREEN.
IT'S THE ENTIRE FULL BLOCK BEHIND THE TARGET SHOPPING CENTER AND ALSO A LITTLE OVER EIGHT ACRES DUE WEST OF KOHL'S ACROSS FROM MARKETPLACE AVENUE,
[00:10:02]
JUST SOUTH OF 1626.UH, IT CURRENTLY IS ZONED RETAIL SERVICES.
THE REQUESTED A REZONE TO AMEX D UH, RETAIL SERVICES, AS Y'ALL ALREADY KNOW IS, UM, OUR GENERAL HIGHWAY COMMERCIAL FOR POINT OF SALE SERVICE, YOU KNOW, GAS STATIONS, RESTAURANTS, HOTELS, YOU NAME IT.
LOWE'S WHAT HAVE YOU, BIG BOX STORES, SMALLER STORES, GENERAL RETAIL AND MIX D IS A VERTICAL MIXED USE PRODUCT, WHICH MEANS YOU HAVE GROUND FLOOR COMMERCIAL WITH A MULTI-FAMILY UNITS ABOVE ON FLOORS TWO AND TWO, THE HEIGHT LIMIT.
UM, YOU CAN ALSO HAVE OFFICES ON THE SECOND FLOOR OR ABOVE AS WELL.
UH, BUT IN THE CASE, UH, THIS CASE YOU'RE GOING TO BE DOING SOME RESIDENTIAL USES.
UH, GENERALLY IT'S DESIGNED AS A WALKABLE, UH, NON-CAR ORIENTED TYPE DEVELOPMENT, UH, WIDER SIDEWALKS, UM, STREET PARKING STREET, TREES, JUST AN ALL AROUND BETTER TYPE OF DEVELOPMENT TO JUST MAKE THE CITY BETTER.
AND FOR THE RESIDENTS AND PEOPLE TO ENJOY, UH, FOR THE COMP PLAN, IT IS IN THE SUPER REGIONAL NODE AS SHOWN ON THE SCREEN RIGHT THERE, THAT BIG ORANGE BLOB THERE.
AND, UM, IN THE SUPER REGIONAL NODE, UH, MXD IS RECOMMENDED.
UM, IT, IT, IF IT'S RIGHT INTO THERE AND THE SUPER REGIONAL NODE ASPECTS CAN DRAW PEOPLE FROM ALL AROUND THE REGION AND THE SOUTH SOUTH AUSTIN AREA, SO THEY CAN COME ENJOY THE FACILITIES THAT THEY'RE GOING TO HAVE THERE.
UM, THE, THE VERTICAL COMPONENT TO IT WILL ALSO INCREASE THE TAX BASE FROM A SALES COMPONENT, SALES TAX, KUBOTA AND AD VALOREM.
SO THAT'LL HELP A LOT AS WELL.
AND IT'S MORE EFFICIENT ON THE, ON THE UTILITIES AS WELL.
WHEN YOU GO VERTICAL VERSUS SPRAWLING.
UM, THE STREET SYSTEM IS THERE AS PART OF THE KYLE MARKETPLACE SECTION TO SUBDIVISION.
UM, IT'S VERY WELL CONNECTED FROM THE STREET SYSTEM.
IT'LL HELP DIFFUSE TRAFFIC PATTERNS TO 16, 26 OUT OF 35, GOING SOUTH, GOING NORTH, EVEN GOING DOWN MARKETPLACE WATERS, THEIR WASTEWATERS, THEIR STORMWATER IS ALREADY TAKEN INTO ACCOUNT.
IT'S VERY SIMPLE FROM A, FROM A ZONING RECOMMENDATION.
UH, STAFF HAS ABSOLUTELY NO QUALMS SUPPORTING THIS.
WE ACTUALLY WHOLEHEARTEDLY RECOMMEND IT.
AND WE ASKED THAT, UM, THE PLANNING ZONING COMMISSION RECOMMEND APPROVAL AS WELL.
DO YOU HAVE ANY QUESTIONS FOR ME? THANK YOU.
ARE THERE ANY QUESTIONS FOR STAFF? YES.
I JUST WANT TO CLARIFY THAT THIS IS STRAIGHT MIXED, USE COMMERCIAL ON THE MAIN FLOOR.
NO, NO VARIATIONS ON THE MAIN FLOOR, STRICTLY COMMERCIAL.
THIS REQUEST IS FOR STRAIGHT MIXED JUICE.
ANY OTHER QUESTIONS FOR STAFF? OKAY.
CAN I HAVE A MOTION PLEASE? MR. CHAIR? YES.
I'D LIKE TO MAKE A MOTION TO APPROVE ITEM SEVEN A SECOND.
IT HAS BEEN MOVED BY COMMISSIONER.
SECONDED BY COMMISSIONER JAMES.
IS THERE ANY DISCUSSION ON THE MOTION? OKAY.
UH, TH UH, THANK YOU FOR THIS.
I, UH, W W W WHEN THIS SAME PARCEL CAME BEFORE WITH THE , I WAS, I WAS PREVIOUSLY AGAINST THAT.
AND, UM, REALLY WITH THE IDEA OF WHERE IT IS, THE QUESTION IS SHOULD THIS AREA BEFORE A SELECT GROUP OF PEOPLE AND JUST, UM, JUST THE RESIDENTS OF THAT AREA OR FOR THE ENTIRE CITY.
AND I THOUGHT THIS AREA SHOULD BE FOR THE ENTIRE CITY.
IT ALLOWS THERE TO BE, UM, THINGS FOR THE ENTIRE CITY ON THE GROUND FLOOR, BUT STILL HAVE THE RESIDENTS, IF SOMEONE WISHES TO LIVE RIGHT IN THAT AREA.
SO, UM, I AM DEFINITELY IN SUPPORTIVE THIS ITEM.
IS THERE ANY OTHER DISCUSSION? YES.
AND I WOULD SAY THAT, LIKE, IT, THIS IS THE KIND OF THING THAT WE WANT TO SEE IN THIS AREA.
LIKE THIS IS WHEN WE THINK ABOUT HAVING A COMMERCIAL SPACE THAT DRAWS PEOPLE IN THAT'S EXCITING TO COME TO A MIXED USE IS OFTEN THE THING THAT IS A CORE TO WHAT MAKES THAT HAPPEN.
SO THAT MAKES SENSE TO BE IN A SUPER REGIONAL NODE.
[7B. Consider a request to rezone approximately 5.13 acres of land from ‘A’ Agriculture to‘W’ Warehouse District for property located at 1351 Bunton Creek Rd, in Hays County, Texas. (Abel and Linda Tenorio - Z-21-0093)]
NEXT ITEM SEVEN B CONSIDER REQUEST TO REZONE, APPROXIMATELY 5.13 ACRES OF LAND FROM A AGRICULTURE TO W WAREHOUSE DISTRICT FOR PROPERTY LOCATED AT 1 3, 5, 1 BUTTON CREEK ROAD IN HAYES COUNTY, TEXAS ABEL, AND LINDA TENORIO'S Z DASH TWO ONE DASH 0 0 9 3.[00:15:01]
FOR THIS ITEM.UM, THERE'S NO OBJECTIONS ON AN OPEN PUBLIC HEARING.
IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON THIS ITEM, YOU MAY COME UP NOW SEEING NONE, I WILL GO OUT AND CLOSE.
THE PUBLIC HEARING IS NOW CLOSED.
WELL, I CAN SEND FOR THE RECORDS TO YOUR PLANNER, UH, FOR PETITION NUMBER Z 21, DASHES USER NINE THREE.
UH, THIS IS 1351 BUTTON CREEK ROAD.
UM, ON THE, JUST SOUTHEAST OF THE SUPER REGIONAL NODE IN THE HOSPITAL THERE, UH, ON THE SCREEN THERE, IT'S KIND OF TINY, BUT EVERYTHING OUTLINED IN YELLOW IS THE ACREAGE A LITTLE OVER FIVE ACRES, RIGHT ON THE CURVE, UH, THIS STRETCH OF BUTTON CREEK ROAD, UM, AS YOU DRIVE, STARTING AT DACEY LANE, GOING TO APPROXIMATELY THIS POINT, UM, WHEN YOU ONE LOT EAST IS, IS PRIMARILY WAREHOUSE AND CONSTRUCTION MANUFACTURING, WHICH IS OUR WAREHOUSING ENLIGHTENED ESTRIOL.
SO NEW DISTRICTS, UH, THIS PARCELS, UM, IN THE MIDDLE OF THAT, AND IT MAKES SENSE THAT THE WAREHOUSE IS OWNING REQUEST FITS IN THE COMP PLAN, UM, ALLOWS A WAREHOUSE OWNING AS CONDITIONAL IN THIS PART OF THE CITY SPECIFICALLY, BECAUSE THERE ARE AREAS WHERE IT WOULD BE APPROPRIATE, BUT THERE'S ALSO AREAS WHERE IT'S NOT, AND IN THIS AREA, IT IS IT, UM, IT HAS BUTTON CREEK ROAD TO IT.
WE'LL HAVE THE FUTURE, UM, KYLE PARKWAY TO THE NORTH AND ADJACENT TO THE PROPERTY, UM, FOR THE TRANSPORTATION MASTER PLAN, IT HAS WATER, IT HAS WASTEWATER, IT HAS POWER.
IF IT'S, IT'S, IT'S A VERY STRAIGHTFORWARD ZONING FROM OUR PERSPECTIVE, STAFF HAS NO ISSUES, UM, SUPPORTING THE REZONING.
UM, AND WE ASK THAT Y'ALL DO AS WELL.
UM, AND JUST AS A SIDE NOTE, FROM A PERMITTING STANDPOINT, FOLLOWING REZONING, IT'LL GO THROUGH THE SITE DEVELOPMENT PERMIT PROCESS.
IT'LL GO THROUGH THE CONDITIONAL USE PERMIT PROCESS.
YOU WILL SEE, UH, ELEVATION RENDERINGS AT THAT TIME WHEN THEY COME FORWARD TO YOU.
AND, UH, AND THEN IT WILL ALSO RECEIVE A BUILDING PERMIT AS WELL.
ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
THERE'S NO QUESTIONS FOR STAFF.
CAN I HAVE A MOTION PLEASE, WITH A MOTION? YES.
I MOVED TO APPROVE ITEM SEVEN B I'LL SECOND.
IT'S BEEN MOVED BY COMMISSIONER JAMES SECONDED BY COMMISSIONER CHASE.
IS THERE ANY DISCUSSION ON THE MOTION? YES, COMMISSIONER, JUST LOOK AT, I DON'T KNOW IF YOU'RE ABLE TO POP IT BACK UP THERE ON THE SCREEN.
I JUST, MY CONCERN IS CONTINUING TO GO DOWN THE ROAD THERE AS YOU GET CLOSER TO TWO HOMES.
UM, I MEAN, WE HAVE ONE AG SPOT LEFT THERE, TWO RS.
I CAN'T TELL IF THESE ARE OCCUPIED CURRENTLY.
THE, IF I MAY, UH, THE SCENARIO A PROPERTY IS VACANT.
THERE'S NO STRUCTURES ON IT CURRENTLY.
UH, THE PROPERTY THAT DOES, UH, HAS A FLAG LOT BETWEEN THE WAREHOUSE AND THEIR, UM, AND THEIR PROPERTY DOES HAVE A RESIDENCE ON IT.
SO WHEN THE SITE DEVELOPMENT PERMIT COMES IN, THEY'RE GOING TO HAVE TO PUT, UM, UM, THEY'RE GONNA HAVE TO PUT LANDSCAPING AND STUFF LIKE THAT.
NOW THAT WILL ALSO HAVE TO TAKE INTO ACCOUNT THE FUTURE ROAD AS WELL.
UM, BUT THEY WILL, THERE WILL BE LANDSCAPE BUFFERS ASSOCIATED WITH IT, UM, FROM A UNOFFICIAL, UM, BOUNDARY, IF YOU WILL, IT'S PROBABLY NOT APPROPRIATE FOR, UM, WAREHOUSE OR CONSTRUCTION MANUFACTURING TO MOVE ANY FURTHER EAST OR SOUTHEAST DUNBAR CREEK ROAD.
CAUSE AT THAT POINT IT STARTS GETTING INTO MORE RESIDENTIAL FEEL TO IT.
UH, YOU GOT LEHMAN HIGH SCHOOL THERE, AND THEN YOU GO FURTHER EAST AND YOU GOT MORE RESIDENTIAL, YOU KNOW, YOU KEEP ON GOING.
SO YEAH, BUT INFILL FROM THIS PERSPECTIVE IS PROBABLY OKAY.
UM, ALL THOSE IN FAVOR, SAY AYE.
[8A. Consider a request to construct an approximately 880 square foot free standing building with walk up and drive-thru service located at 20325 IH-35 within the I-35zoning overlay district. (Dutch Bros. Coffee - Conditional Use Permit - CUP-21-0041)]
ITEM EIGHT, CONSIDER AND POSSIBLE ACTION.EIGHT, EIGHT CONSIDER REQUEST TO CONSTRUCT AN APPROXIMATELY 880 SQUARE FOOT FREE-STANDING BUILDING WITH WALK-UP AND DRIVE THROUGH SERVICE LOCATED AT 2 0 3, 2 5.
WITHIN THE ZONING OVERLAY, DISTRICT DUTCH BROTHERS COFFEE, CONDITIONAL USE PERMIT C U P DASH TWO ONE DASH 0 0 4 1.
THE FIRST OF THREE CRPS RELATED TO, UH, EXTERIOR FACADES.
UH, THIS IS THE DUTCH BROTHERS, UM, CUP.
UM, IT IS LOCATED BETWEEN TACO BELL AND FIRESTONE, UM, IN THE SETON, UM, KYLE HAYES, UM, SUBDIVISION BETWEEN LOWE'S AND THE LAST PAD SITE THEY HAVE ALONG THIS
[00:20:01]
STRETCH OF 35.UM, THIS PROJECT EXCEEDS THE 35 OVERLAY STANDARDS, UM, IN INTENT, UM, WE HAVE A MINIMUM REQUIREMENT OF 90% MASTERY ON THE BUILDING.
IT HAS A HUNDRED PERCENT, UH, WE DON'T CONSIDER THE FLASHING AT THE TOP OF THE BUILDING.
WE DON'T CONSIDER THE CANOPIES OR THE WINDOWS AND DOORS IN THAT MANNER.
SO, UH, STAFF IS FULLY SUPPORTIVE OF THIS.
THEY HAVE EXCEEDED CODE VAN REQUIREMENTS AND WE ASK THAT YOU ALL APPROVE IT.
ARE THERE ANY QUESTIONS FOR STAFF NOW? IT'S A BEAUTIFUL BUILDING REALLY IS NICE.
UM, WELL, SO, UM, WITH THIS, THE, THE LANDSCAPE THAT THEY ALSO PUT ON, UH, COULD YOU BRING THAT UP? YEAH, FOR SURE.
I W JUST WHILE YOU'RE PULLING UP WHAT I WAS, WHEN I LOOKED AT IT, IT LOOKED LIKE IT HAD PARALLEL PARKING.
UM, IT DID, YOU KNOW, THERE'S A REASON WHY THAT'S THERE, ARE THEY JUST TRYING TO GET THE RIGHT NUMBER OF SPOTS FOR THE SIZE OF THE BUILDING OR, YEAH, IT'S A COMBINATION OF BOTH.
THEY, UM, THE WAY OUR, OUR PARKING RATIOS ARE, ARE BUILT AROUND RESTAURANT TYPE USES IT'S, UH, IT'S ONE SPACE MINIMUM PER FOUR CUSTOMER SEATS, AND THEIR CUSTOMERS WILL NOT BE GOING INSIDE THIS BUILDING.
IT'S A WALKUP OR DRIVE THROUGH ONLY.
SO THEY HAD TO GET A SPECIAL EXCEPTION FROM THE PARKING RATIOS FROM CITY COUNCIL ABOUT A YEAR AGO, AND TO ACCOUNT FOR THE SMALL D SPACE OF THE PROPERTY, THEY HAD TO PUT THEM IN PARALLEL, BUT THEY DO MEET THE MINIMUM DIMENSIONS AND WHAT HAVE YOU, AND THEY HAVE THE AMOUNT OF SPACES THAT CITY COUNCIL APPROVED, SO.
ANYONE ELSE HAVE ANY QUESTIONS FOR STAFF? OKAY.
CAN I HAVE A MOTION PLEASE? MR. CHAIR, I MOVE THAT.
WE ACCEPT ITEM EIGHT A AS WRITTEN SECOND.
IT HAS BEEN MOVED BY COMMISSIONER SIDO, SECONDED BY COMMISSIONER JAMES.
IS THERE ANY DISCUSSION ON THAT MOTION? OKAY.
[8B. Consider a request to construct an approximately 5,031 square foot free standing building and site plan for property located at 2325 Kohler's Crossing within the I-35zoning overlay district. (Midas Automotive Experts - Conditional Use Permit - CUP-21-0045)]
B CONSIDER A REQUEST TO CONSTRUCT AN APPROXIMATELY 5,031 SQUARE FOOT FREESTANDING BUILDING AND SITE PLAN FOR PROPERTY LOCATED AT TWO, THREE TO FIVE COERCE CROSSING WITHIN THE ZONING OVERLAY, DISTRICT MITIS AUTOMOTIVE EXPERTS, CONDITIONAL USE PERMIT, C U P DASH TWO ONE DASH 0 0 4 5.UH, WELL, I CAN SEND FOR THE RECORDS TO YOUR PLANNER.
SO THIS IS ANOTHER CONDITIONAL USE PERMIT RELATED TO FACADES.
UM, AS YOU CAN SEE ON THE IMAGE RIGHT THERE, THAT'S THE APPROXIMATE LOCATION OF THE MINUS AUTO CENTER, UH, SOUTH OF EVO, BUT JUST NORTH OF KOHLER'S CROSSING, UH, TWO LOTS BEHIND THE SUNOCO SUNOCO, EXCUSE ME, AT 35.
AND KOHLER'S, UM, IT'S EXCEEDS COMPLIANCE, HONESTLY.
UH, WE WORKED WITH THE, WITH THE ARCHITECT ON IT, THEY ADDED WINDOWS, THEY HAD TO CANOPIES AND IT MADE THE PROJECT GOOD.
SO, UM, STAFF IS HAPPY WITH IT.
LET ME THROW IT UP ON THE SCREEN HERE SO Y'ALL CAN SEE IT AS WELL.
SO THE TOP IMAGE RIGHT THERE IS THE WEST FACE OF THE, OF THE BUILDING.
SO IF YOU'RE LOOKING AT IT, YOU'RE FACING .
AND SO THAT'S WHERE THE BAYS ARE.
THAT'S WHERE ONE OF THE SIDE ENTRANCES, THEY'RE GOING TO HAVE A CANOPY OVER JUST ON OR OVER THE ENTRANCE RIGHT THERE.
UM, THE NEXT TO THE REAR END, THE REAR SIDE OF IT IS THE SIDE THAT YOU WOULD SEE IF YOU'RE LOOKING FROM EBO.
AND THEN THE SOUTH ELEVATION IS THE SIDE FACING COLORS CROSSING.
AND THEN THE EAST ELEVATION IS IF YOU'RE AT 35 LOOKING WEST TOWARDS THE BUILDING.
SO WE HAD THEM, UM, INITIALLY THEY DIDN'T HAVE ANY WINDOWS, UM, WITH THE EXCEPTION OF THE MAIN ENTRANCE AND THE VEHICLE BAYS.
SO WE ADDED, WE ASKED THEM TO ADD SOME WINDOWS TO THERE AND PUT SOME CANOPIES ON THERE AND IT MADE THE PROJECT WORK A LOT BETTER AND BE BETTER COMPLIANCE WITH THE THREE TO FIVE OVERLAY.
UM, THE MINUS GROUP WAS A PLEASURE TO WORK WITH.
AND SO WE WERE ABLE TO GET TO THIS POINT,
[00:25:02]
STAFF HAS NO ISSUES OF WHAT THEY WANT TO DO HERE AND WHAT THEY'VE PRESENTED TO US.AND WE ASKED THAT Y'ALL RECOMMEND APPROVAL.
CAN YOU SAY THAT AGAIN? IF YOU'RE AT 35 LOOKING AT THE BUILDING? YES.
WHICH SIDE IS IT THAT YOU SEE THE ELEVATION? IF YOUR DOUBT? WELL, THERE'S THAT, THERE'S THE SENATE SUNOCO IN RIGHT WAY, BUT YES.
ARE THERE ANY QUESTIONS FOR STAFF? HEY, COULD I HAVE A MOTION PLEASE? MR. CHAIR? YES.
COMMISSIONER, UH, JASON, LIKE TO MAKE A MOTION TO APPROVE ITEM EIGHT B THANK YOU.
IT'S BEEN MOVED BY COMMISSIONER CHASE.
IS THERE A SECOND? I WILL GO AHEAD AND SECOND.
SO WE MOVE BACK TO MR. CHASE SECONDED BY MYSELF.
UH, IS THERE ANY DISCUSSION ON THAT MOTION? OKAY.
ALL TO CLARIFY IT, WE'RE GOING TO SEE THE, THE ELEVATION THAT HAS JUST THE LIKE WINDOWS IN THE BACK FROM MY 35.
AND THEN FROM THE OTHER SIDE, YOU'D SEE THE, YES, THE GARAGE DOORS ARE GOING TO BE FACING AWAY FROM MY 35 AND THERE'S GUN FOR THE, FOR THE PLAN FOR THE SUBDIVISION, UH, THE BAY DOORS.
THERE'S GOING TO BE TWO THERE'S TWO MORE LOTS THAT ARE UNDEVELOPED BETWEEN KYLE CROSSING AND THIS, SO THOSE BUILDINGS, IF YOU'RE LOOKING WEST TOWARDS IT, EVENTUALLY THEY WILL ALSO BLOCK, UM, THE VIEW OF THE BAY DOORS AS WELL.
BUT THE INTENT IS THAT, THAT YOU HIDE BAY DOORS FROM THE RIGHT AWAY.
ANY OTHER DISCUSSION ON THE MOTION? OKAY.
UM, ALL THOSE IN FAVOR, SAY AYE.
[8C. Consider a request to construct an approximately 43,803 square foot office/warehouse building and site plan located at 250 Gateway Blvd. within the I-35 zoning overlay district. (Hays Logistics - Conditional Use Permit - CUP-22-0048)]
EIGHT.UM, AUTOMATES C CONSIDER REQUEST TO CONSTRUCT AND APPROXIMATELY 43,803 SQUARE FOOT OFFICE WAREHOUSE BUILDING AND SITE PLAN LOCATED AT 2 5 0 GATEWAY BOULEVARD WITHIN THE ZONING OVERLAY, DISTRICT HAYES LOGISTICS, CONDITIONAL USE PERMIT C U P DASH TWO TWO DASH 0 0 4 8.
BEFORE YOU, WE HAVE OUR LAST CUP RELATED TO ELEVATIONS.
THIS IS IN THE HAYES COMMERCE CENTER, WHICH IS A SUBDIVISION DEDICATED TO WAREHOUSING AND CONSTRUCTION MANUFACTURING AGAIN, WHICH IS OUR LIGHT INDUSTRIAL.
AND THE BUILDING TYPES REFLECT THAT, UM, THE IT'S IN A PLAIN UNIT DEVELOPMENT AND THEY HAVE TO HAVE A TILT WALL CONSTRUCTION IN THERE.
THEY HAVE TO HAVE HIGHER QUALITY DESIGNS ON TOP OF THE I 35 OVERLAY.
SO THIS MEETS THAT CODE THEY HAVE IN THE RENDERING HERE, THEY HAVE THE END CAPS WHERE THEY THEY'VE RAISED THE HEIGHT.
TO SOME EXTENT THEY HAVE THE PAINT, A CHECKERBOARD PATTERN.
THEY HAVE CANOPIES ON ALL THE ENTRANCES.
THEY GOT A LITTLE BIT OF, UH, ORANGE METAL MESH ON EACH END CAP AS WELL TO KIND OF MAKE IT FLASH A LITTLE BIT.
AND THEY'VE RAISED THE, UM, THE, THE LONG LINEAR DISTANCE OF THE ROOF ELEVATION IN THE MIDDLE TO HELP BREAK UP THE FACADE.
UM, IT IS ON THE NORTHERN MOST BOUNDARIES OF OUR, UM, CITY LIMITS.
THIS LOT IS THE NORTH FACE, THE NORTH SIDE OF THE LOT.
AND IT BACKS UP ALSO TO MORE LIGHT INDUSTRIAL TYPE USES OVER IN BUDA.
UM, SO THE, THE REAR SIDE OF THE BUILDING IS NOT AS FLASHY, BUT THAT'S OKAY.
THERE'S NOT GOING TO BE PUBLIC REALLY SEEING IT.
IT'S A SERVICE ENTRANCE ANYWAY, NOT A HUGE DEAL, BUT THEY DID ACCOUNT FOR THE SIDES, THE EAST AND THE WEST FACE.
UM, RIGHT HERE, YOU CAN SEE, UM, THE ELEVATIONS AS I WAS TALKING ABOUT WITH THE ORANGE ON THERE AND THE SIDES AS WELL AND THE REAR, AND THEN HERE IS THE SITE DEVELOPMENT PERMIT, LIVER LANDSCAPE SHEET FOR IT.
UH, THE, THE, AND JUST AS A SIDE NOTE, UM, THE, THE HAYES COMMERCE PUD HER HBI, IF YOU WILL.
UM, THE, THEIR LANDSCAPING HAS A FOCUS TO WHERE I'M AT A HIGHER MAJORITY OF THE MINIMUM LANDSCAPING REQUIRED HAS TO BE BETWEEN THE BUILT THE FRONT BUILDING LINE AND THE FRONT LOT LINE.
SO IF YOU SEE IT CLUSTERED, WHENEVER YOU SEE THEM, THESE COME FORWARD TO YOU, THAT'S WHY VERSUS A REGULAR CODE.
IT ACTUALLY WORKS PRETTY WELL.
UM, SO THEY'VE, THEY'VE DONE A GREAT JOB.
WE FULLY RECOMMEND, UH, AND APPROVAL.
ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
THERE ARE NO QUESTIONS FOR STAFF, BUT I HAVE A MOTION PLEASE, WITH THE MOTION.
IT'S BEEN MOVED BY COMMISSIONER JAMES.
DO WE HAVE A SECOND? SECOND? IT'S BEEN SECONDED BY COMMISSIONER SNYDER.
[00:30:01]
IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.[8D. Consider a request for a Conditional Use Permit for the purposes of allowing a height increase for future buildings located at 24801 IH-35 (Ord. No. 1161, Sec. 53-1047(12)). (Alliance Industrial Company - CUP-22-0046)]
EIGHT, A D CONSIDER REQUEST FOR A CONDITIONAL USE PERMIT FOR THE PURPOSE OF ALLOWING A HEIGHT INCREASE FOR FUTURE BUILDINGS LOCATED AT 2 4 8 0 1 ORDINANCE NUMBER 1, 1 6, 1 SECTION 53 DASH 1 0 4 4 7 12 ALLIANCE, INDUSTRIAL COMPANY, A C U P DASH TWO TWO DASH 0 0 4 6.THERE IS A PUBLIC HEARING FOR THIS ITEM.
IF THERE'S NO OBJECTIONS OF AN OPEN, THE PUBLIC HEARING, THE PUBLIC HEARING IS NOW OPEN.
UM, DOES ANYONE WHO LIKE TO SPEAK ON THIS ITEM? YOU MAY COME UP NOW.
ALL THE WAY IN, FROM HOUSTON SMART AS WELL.
UH, LEVI HERMIS DEVELOPMENT MANAGER WITH THE ALLIANCE INDUSTRIAL COMPANY, I'M SEEKING A FIVE FOOT BUILDING HEIGHT VARIANCE FOR INDUSTRIAL PROJECT, UH, NORTH OF YARRINGTON ROAD ON THE EAST SIDE OF .
UM, ALLOWING THIS VARIANCE ALLOWS, UH, THE MOST FLEXIBLE LEASING OPPORTUNITIES FOR OUR PROJECT, WHICH IN TURN ALLOWS US TO LEASE TO THE MOST POTENTIAL JOBS, UH, TO BRING TO THE AREA, UM, WHICH IS WHAT'S MOST IMPORTANT TO THE COMMUNITY.
UM, INDUSTRIAL DEVELOPMENT TRENDS HAVE CONTINUED TO GROW TALLER AND TALLER AS LAND PRICES CONTINUE TO INCREASE.
UM, AND THIS ALLOWS FOR THE MOST EFFICIENT USE OF THE REAL ESTATE, UM, GIVEN THE INDUSTRIAL USE, UH, OF THE PROJECT AND IN PROXIMITY WITH THE AMAZON WAREHOUSE, EXTRA FIVE FEET, UH, AT THIS SCALE, YOU KNOW, THE AVERAGE PERSON CAN'T TELL THE DIFFERENCE.
UM, THOSE ARE THE MAIN POINTS THAT WE'D LIKE FOR YOU ALL TO CONSIDER.
THANK YOU VERY MUCH FOR YOUR TIME.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK DURING THE PUBLIC HEARING? OKAY.
SEEING NONE, I WILL GO AHEAD AND CLOSE.
THE PUBLIC HEARING IS NOW CLOSED.
MR. ATKINSON W WELL, I CAN SEE YOUR PLANNER FOR THE RECORD.
UM, THIS IS A REQUEST, UM, AGAIN BY ALLIANCE INDUSTRIAL TO INCREASE THE HEIGHT LIMIT FROM 45 FEET TO 50 FEET FOR THEIR BUILDINGS.
SO THEY'RE GOING TO BE KEPT AT THAT, UM, ORDINANCE 1161 LAST YEAR THAT WE AMENDED, UM, GIVES THE OPPORTUNITY FOR P AND Z TO MAKE A RECOMMENDATION VOTE ON A REQUEST ASSOCIATED IN THIS MANNER AND THE CITY COUNCIL TO ALSO CONSIDER THE RECOMMENDATION AND TAKE ACTION ON IT AS WELL.
UH, IT GIVES OPPORTUNITY FOR, UH, THE PUBLIC COMMISSIONS AND BOARDS WHERE THE, IF THEY FIND APPROPRIATE SPECIFIC PROJECTS TO INCREASE HEIGHTS, BECAUSE SOMETIMES IT IS APPROPRIATE.
UM, AS, UM, AS I GUESS THE STATED, UM, THE FIVE FOOT INCREASE FOR THE SCALE OF THE BUILDINGS IS GOING TO BE REALLY HARD TO TELL THE DIFFERENCE, WHETHER YOU'RE AT LOOKING INTO THE PROJECT OR IF YOU'RE STANDING RIGHT NEXT TO IT.
UM, I'M, I'M NOT ON SITE ALL THE TIME DOING INSPECTIONS AND, AND I'M NOT EVEN A BUILDING OFFICIAL, BUT YOU LOOK UP, THESE BUILDINGS ARE LARGE.
YOU'RE NOT GONNA BE ABLE TO TELL FIVE FEET, A FIVE FOOT DIFFERENCE.
UM, IT DOESN'T REALLY HAVE AN ISSUE, UH, HAVE ANY NEGATIVE IMPACT ON THE SURROUNDING PROPERTY OWNERS, UM, OR WELLBEING, HEART.
UH, THE LANDSCAPE PLAN THAT THEY HAVE, UH, DOES ACCOUNT FOR BUFFERING ON THE NORTH END AGAINST THE QUAIL RIDGE SUBDIVISION.
UH, THEY'RE GOING TO HAVE TO HAVE A BUILT A STURDY PRI PRIVACY FENCE AS WELL.
AND THEY'VE ACCOUNTED FOR THAT.
UM, STAFF DOESN'T HAVE ANY ISSUES WITH THEIR REQUEST AND WE ASK THAT Y'ALL RECOMMEND APPROVAL AS WELL.
ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
CAN I HAVE A MOTION PLEASE? MR. CHAIR? YES.
AND MAKE A MOTION TO APPROVE ITEM EIGHT D SECOND.
IT HAS BEEN MOVED BY COMMISSIONER CHASE.
IT HAS BEEN SECONDED BY COMMISSIONER JAMES.
IS THERE ANY DISCUSSION ON THAT MOTION? YEAH.
UM, I WILL SAY PERSONALLY THAT, UM, BASED ON WHERE IT IS IN THE CITY, I, YOU KNOW, IF IT WAS ANOTHER LOCATIONS, I MIGHT BE A BIT MORE WEARY OF INCREASING THAT LIMIT, BUT WHERE IT IS IN THE CITY, I THINK, I THINK IT'S AS IT'S ACCEPTABLE TO INCREASE ANOTHER FIVE FEET, UM, ARE THERE, IS THERE ANY OTHER DISCUSSION? OKAY.
[8E. Consider an amendment to Sec. 53-1230 (Zoning), to restrict certain uses, and amend the associated zoning use chart.]
E UH, CONSIDER AN AMENDMENT TO SECTION 53 DASH 1230 ZONING TO RE UH, RE STRICT CERTAIN USES AND AMEND THE ASSOCIATED ZONING USE CHART.THERE IS A PUBLIC HEARING FOR THIS ITEM.
THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON THIS? I WILL OPEN THE PUBLIC HEARING.
NOW A PUBLIC HEARING IS NOW OPEN.
THERE'S ANYONE WHO'D LIKE TO SPEAK ON THIS ITEM? YOU MAY COME UP NOW
[00:35:02]
SEEING NONE.THE PUBLIC HEARING IS NOW CLOSED.
MR. ATKINSON, WHEREVER YOU'RE READY.
UM, WELL, I CAN, SINCE YOU'RE PLAYING IT FOR THE RECORD, UH, BEFORE YOU, UH, WE HAVE A CODE AMENDMENT TO ACCOUNT FOR CERTAIN LAND USES THAT, UM, SEEM TO WANT TO POP UP ACROSS THE, ACROSS THE CITY ON A FREQUENT BASIS OR WHERE THERE IS A REQUEST TO THAT.
UM, YEAH, WE FEEL THAT THERE IS, UH, A BIT TOO MUCH OF, AND SO WE'VE ADJUSTED FOR OUR CODE TO MOVE FORWARD AND WE'RE BRINGING THIS REQUEST TO Y'ALL AS A RECOMMENDATION VOTE, AND THEN CITY COUNCIL WILL SEE IT NEXT WEEK.
UM, THE AMENDMENTS IN QUESTION ARE TO LIMIT WHERE GAS STATIONS, CAR WASHES, AND SELF STORAGE, UM, CAN BE LOCATED REGARDLESS IF THEY HAVE THE APPROPRIATE BASED ZONING UNDERNEATH.
WE'RE PUTTING A RADIO DISTANCE ON THOSE FROM A PROPERTY LINE PERSPECTIVE.
AND THOSE RADIO FOR NEW PROJECTS CAN NOT OVERLAP WITH EXISTING ONES.
UM, THE INTENT IS WE WANT TO HAVE, UM, BETTER QUALITY COMMERCIAL DEVELOPMENT ONES THAT HAVE HIGHER EMPLOYMENT, UM, AND THAT FEEL A BETTER, UM, DEVELOPMENT PATTERN IN THE CITY.
SOMETHING THAT'S A LITTLE BIT HIGHER QUALITY IF YOU WILL.
UM, AND I'LL SHOW YOU WHERE WE ARE ON THIS.
SO ON THE FIRST ITEM WE HAVE, UH, GAS STATIONS.
AND JUST SO YOU ALL ARE AWARE, WE, UH, WE ASKED, UM, OUR THIRD PARTY SERVICE THAT WE HAVE A CONTRACT WITH CALLED CATALYST COMMERCIAL TO DO A RETAIL LEAKAGE STUDY AS WELL.
UM, I APOLOGIZE FOR NOT BEING IN THE BACK OF MATERIAL, BUT WE WERE ABLE TO GET IT YESTERDAY AND WE SENT IT TO YOU THIS MORNING, UM, WHERE, UM, WE ACCOUNTED FOR THAT AND WE ACTUALLY HAVE MORE GAS STATIONS THAN WHAT WE NEED FOR IN KYLE, WITH OUR POPULATION.
AT THIS TIME, CURRENTLY WE HAVE 26 GAS STATIONS.
IF, IF WE HOLD IT WITH A NATIONAL AVERAGE, UM, PER ONE PER LIVER, 3000 PER PEOPLE, WE ONLY NEED 15.
SO, UM, AS IT CURRENTLY STANDS, WE ARE WE'RE OVERSATURATED WITH GAS STATIONS AS IT CURRENTLY STANDS.
SO WE PUT A HALF MILE RADIUS ON THEM AS A PROPOSAL, UM, AND WITH NO OVERLAP.
SO IT'S A REALLY, ESSENTIALLY A MILE BETWEEN PROPERTY LINES FOR NEW GAS STATIONS ASSOCIATED.
UM, WE DIDN'T COMPLETELY ABANDONED THOUGH.
I'LL SAY THAT, UM, GAS STATIONS PROVIDE A NECESSITY THAT WE MOST PEOPLE AROUND HERE DRIVE A CAR.
UM, AND WE DID ACCOUNT FOR THAT.
UM, SO WE PUT IN A POPULATION THRESHOLD, IF YOU, FOR ANY PARTICULAR DEVELOPMENT OR GROUPING OF DEVELOPMENTS, IF YOU EXCEED AN ADDITIONAL 5,000, UH, PERSONS IN POPULATION ESTIMATED, THEN YOU CAN BUILD A GAS STATION.
SO THERE NEEDS TO BE A RELEASE VALVE OR A PRESSURE VALVE, IF YOU WILL, FROM PENT UP DEMAND WHEN IT COMES TO PEOPLE BEING ABLE TO TRAVEL.
SO HERE'S THE MAP THAT YOU SEE ON THE, ALL THE EXISTING IN REVIEW AND, UM, APPROVED GAS STATIONS IN KYLE.
SO WE HAD OUR GIS GIS, UM, GUYS IN OUR DEPARTMENT PUT THIS TOGETHER.
THE OTHER ONE WE DID WAS WHERE TO GO.
WE'RE A CAR WASHES AND WE PUT A THREE QUARTER MILE RADIUS ON HERE, AND I'LL BE HONEST.
WE, UH, THERE'S ONE OTHER COMMUNITY IN TEXAS THAT IS, HAD DONE THIS IN AWHILE.
AND WE PULLED A LOT OF WHAT THEIR CODE WAS FROM.
IT WAS FROM THE CITY OF WEATHERFORD.
SO I REACHED OUT TO THEM DIRECTLY AND SAID, HEY, HOW DID YOU ACCOUNT FOR THIS? AND IT KIND OF DID IT BASED ON, UH, YOU KNOW, DRIVING DOWN THE ROAD KIND OF PERSPECTIVE.
LIKE HOW OFTEN DO THEY THINK IS TOO MANY.
AND THEY SEE STUFF STARTING TO POP UP FROM DIFFERENT DEVELOPMENT TYPES AND, UM, AND THEN THEY MAPPED IT, WHICH IS EXACTLY WHAT WE DID.
SO HERE WE HAVE A MAP WITH THE, UH, THE CAR WASHES THAT WE HAVE IN TOWN.
UM, WE HAVE QUITE A FEW ONCE AGAIN, UH, WITH THE RETAIL LEAKAGE STUDY, UM, WE HAVE MORE THAN WHAT WE NEED AS IT CURRENTLY STANDS.
UH, WE DID NOT PUT HER A RELIEF VALVE IN THERE FRO FOR FEATURE DEVELOPMENT.
UM, UNLIKE GAS STATIONS, CAR WASHES, AREN'T NECESSARY FOR THE FUTURE AND BETTERMENT OF THE CITY OF KYLE.
UM, AND WE BELIEVE THERE ARE BETTER LAND USES THAT CAN BE DEVELOPED INSTEAD OF CAR WASHES.
UH, AND THAT'S WHERE WE CAME UP WITH A MAP HERE.
[00:40:01]
AND THEN LASTLY, WE HAVE THE MINI STORAGE MAP.THE MAP SHOWN ON YOUR SCREEN SHOWS ALL THE EXISTING MINI STORAGE FACILITIES IN THE CITY OF KYLE.
SO THERE'S GOING TO BE A TWO MILE SPACING BETWEEN THEM.
UM, THEY'RE ONCE AGAIN, THEY'RE NOT NECESSARILY, THEY'RE NOT NECESSARILY FOR THE WELLBEING OF THE CITY.
UM, THEY TAKE UP A LOT OF SPACE, UM, EVALUABLE LANE TO LIKE TO GO IN AREAS WHERE, UM, THERE COULD BE BETTER USES.
THEY DON'T EMPLOY A LOT OF PEOPLE.
IF YOU'RE GOING TO BUILD A, WHETHER IT'S A SPRAWLING TYPE OF A SELF STORAGE FACILITY, OR IF YOU'RE GOING TO GO VERTICAL, WE'D ASK THAT YOU BUILD AN OFFICE INSTEAD OR INDUSTRIAL, OR WHAT HAVE YOU, IF THE COMP PLAN ALLOWS FOR IT.
SO, UM, WE BELIEVE IT'S IN THE BEST INTEREST OF THE CITY TO LIMIT THESE THREE USES.
ADDITIONALLY, UM, UH, THROUGH A COUPLE OF LAND USES, UM, IN THE CBD TWO ZONING DISTRICT, UH, ONE OF THEM BEING A MICROBREWERY, UM, THERE'S BEEN SIGNIFICANT DISCUSSION, UM, AMONG STAFF AT ALL LEVELS THAT WE THOUGHT.
I THINK IT'D BE A REALLY, REALLY NICE THING TO HAVE A MICROBREWERY IN DOWNTOWN KYLE WHERE THE CBD TWO ZONING DISTRICT, WHICH IS WHAT THIS BUILDING IS A HAZE FREE PRESS.
AND MOST OF THE ZONING AROUND THE SQUARE, UM, IT WOULD FIT IN VERY NICELY.
A LOT OF TRADITIONAL DOWNTOWNS HAVE THEM AND WE DO NOT, AND OUR ZONING DOES NOT ALLOW FOR IT.
UH, THE OTHER SIDE, THE OTHER USE ALSO, UH, THAT I WANTED TO THROW IN THERE WAS A BAR WITHOUT RESTAURANT.
SO RIGHT NOW THE, THE BARS DOWNTOWN ARE SUPPOSED TO SERVE FOOD WITH THEIR, WITH THEIR ALCOHOL.
AND SO, UM, WE SHOULD ALLOW FOR INCREASED ALCOHOL SALES.
NOW THIS MAY BE AN ISSUE THAT, UH, Y'ALL MAY DECIDE TO VOTE NO ON YOU MAY VOTE YES.
IN COUNSELING AND DO THE SAME.
I KNOW IN HISTORICALLY IT'S BEEN A BIT OF A, IT'S BEEN A BIT OF, UM, UH, A DISCUSSION ISSUE FOR HAVING BARS DOWNTOWN.
UM, BUT ANY BUSINESS, REGARDLESS IF IT'S A BAR, A RESTAURANT, A SALON, THEY ALWAYS HAVE TO COMPLY WITH THE NOISE, ORDINANCES, AND NUISANCE ORDINANCES THAT WE DO HAVE ON SITE.
SO THERE WAS SO BE IT WE'LL BE ABLE TO ENFORCE IT, EVEN IF WE DO ALLOW THE INCREASE FOR ALCOHOL SALES IN DOWNTOWN.
DO Y'ALL HAVE ANY QUESTIONS FOR ME? THANK YOU.
YES, COMMISSIONER, UM, UH, JAMES, SO WE'RE VOTING ON THE REMOVAL AND ADDITION IN ONE ITEM, YOU THAT'S, HOW THAT'S THE CODE OR THE ORDINANCE HAS PRESENTED.
NOW, YOU MAY DECIDE TO MAKE A MOTION FOR LIMITING ITEMS AND THEN MAKE A SEPARATE MOTION.
IF YOU WANT, FOR THE ITEMS IN THE CVD, TWO ZONING DISTRICT, JUST HOWEVER YOU FEEL COMFORTABLE DOING IT.
WE COULD ALSO DO FIVE SEPARATE MOTIONS.
YOU COULD EACH ONE OF THE THINGS THAT THIS IS A LOT IN ONE ITEM, SO, OKAY.
UH, FIRST I'D LIKE TO THINK STAFF ARE READING THE TEA LEAVES OF NOT ONLY WHAT THIS COMMISSION HAS SAID, BUT PRIOR COMMISSIONS AND CITY COUNCIL, WHEN IT COMES TO, UM, AND THE CITIZENS OF, OF KYLE, I, I SEE IT ON THE DIFFERENT FACEBOOK GROUPS ALL THE TIME ABOUT THE CAR WASHES AND GAS STATIONS, UH, ALL OVER THE PLACE.
UH, THE SECOND ITEM IS WHAT'S OUR DEFINITION OF A RESTAURANT.
OH, LET ME PULL IT UP REAL QUICK.
I DON'T QUITE HAVE IT MEMORIZED.
YEAH, IT'S ESSENTIALLY, IT'S A, IT'S A PLACE THAT SERVES FOOD FOR A SALE, BUT I'LL PULL IT UP REAL QUICK SO I CAN GIVE YOU THE EXACT DEFINITION.
AND I GUESS THE FOLLOW-UP, WHILE YOU'RE, YOU'RE LOOKING FOR THAT IS, DOES A RESTAURANT REQUIRE A KITCHEN ONSITE TO BE ABLE TO PREPARE FOOD? SO RESTAURANT MEANS AN ESTABLISHMENT ENGAGED IN THE PREPARATION AND RETAIL SALE OF FOOD AND BEVERAGES FOR ON-PREMISES CONSUMPTION.
SO IT CAN BE, IT COULD BE A FOOD TRAILER, IT CAN BE A BUILDING WITH A KITCHEN IN IT.
IT COULD BE A BAR WITH A FOOD TRAILER ON SITE TECHNICALLY.
ANY OTHER QUESTIONS FOR STAFF? YES.
JAMES, UM, I GUESS ONE QUESTION WHEN IT COMES TO THE GAS STATIONS, UM, IN THIS CASE, GEOGRAPHIC, LIKE THE, THE SPREAD TO ME, ISN'T NECESSARILY THE THING THAT I SEE LOOKING AT THIS NOW, LIKE I'M CURIOUS, UH, WHAT THE DENSITY OF PEOPLE INSIDE THE BLUE SPHERE ARE BLUE CIRCLES VERSUS THE PEOPLE OUTSIDE OF THE BLUE CIRCLES ARE, UM, ONLY BECAUSE IT'S GOING TO BE, UH, LIKE I SAW ONE NEAR CROMWELL, WHETHER IT'S LIKE A SIGNIFICANT AMOUNT OF APARTMENTS.
SO THEY'RE ALL USING THAT ONE GAS STATION
[00:45:01]
AND THERE'S AREAS WHERE YOU MIGHT HAVE, UM, LIKE TWO OR THREE GAS STATIONS FOR A GOOD CHUNK OF, OF FOLKS.BUT THERE ARE SOME AREAS I SAW WHERE THERE'S NEIGHBORHOODS THAT ARE NOT COVERED IN THAT BLUE AREA.
SO LIKE, WHEN I THINK ABOUT LIMITING IT, I'M, I'M THINKING, AM I LIMITING, UM, GAS, THAT GAS STATION ACCESS FOR FOLKS I'M GRANTED.
I THINK THAT WE SAID THAT YOU CAN DO IT IN THE, IN THE YELLOW SITE.
MAYBE THAT'S A QUESTION I'M ASKING THE WRONG QUESTION.
IT'S NOT A BAD QUESTION, BUT I'LL LET YOU FINISH.
UM, IT'S A VERY GOOD QUESTION.
WE DID NOT ACCOUNT FOR THE ESTIMATED POPULATION WITHIN THE EXISTING RADIUS OF THE EXISTING PLANS THAT HAVE BEEN APPROVED THAT ARE EXISTING ARE UNDER CONSTRUCTION.
HOWEVER, THAT'S WHY WE DID ACCOUNT FOR FUTURE POPULATION GROWTH, BECAUSE WE DIDN'T WANT TO ELIMINATE SO MUCH THAT IT CREATED A PRESSURE COOKER SITUATION WHERE NOBODY COULD GET GAS AND THERE'D BE LINES.
HOW DON'T DO THE STREET WAITING FOR IT.
SO THAT'S WHY WE THREW IN THE, FOR ANY EXTRA 5,000 IN THAT AREA, POPULAR ESTIMATED POPULATION.
NOW THEY'LL HAVE TO PROVIDE FOR THAT TOO.
UM, WHENEVER IF THEY WANT TO APPLY FOR A PERMIT RELATED TO SITE DEVELOPMENT, WE'LL HAVE TO SH PROVE, PROVE THAT NEW DEVELOPMENT FROM THE DATA THAT ORDINANCE MOVING FORWARD ADDS AN ADDITIONAL 5,000 AND THAT'S ABOUT 1,666 RESIDENCES EXTRA, UM, IN THE AREA.
SO IF YOU MULTIPLY IT BY THE AVERAGE FAMILY SIZE WITH THREE, THANK YOU.
ARE THERE ANY OTHER QUESTIONS STAFF? YES.
I THINK JUST TO BE CLEAR, THERE ARE CERTAIN AREAS THAT YOU'RE NOT GOING TO BE ABLE TO PUT A GAS STATION, AND I THINK THAT'S WHERE THE, THE QUESTION IS COMING FROM.
SO IF YOU CURRENTLY HAVE A DENSITY OF X IN THAT, IN THAT BLUE CIRCLE, I WANT TO MAKE SURE THAT WE'RE NOT ONLY LOOKING AT THAT, THAT BLUE CIRCLE, UM, THAT WE'RE LOOKING OUTSIDE OF THAT AND GOING, OKAY.
WHAT'S OUR, WHAT'S OUR DISTANCE TO, TO FROM RESIDENT Y TO GAS STATION X.
UM, SO IT COULD FALL WITHIN THAT JUST BECAUSE IT'S NOT IN THAT BLUE RADIUS CIRCLE.
THERE, THERE ARE AREAS THAT ARE ALWAYS GOING TO FALL OUTSIDE OF THAT, THAT BLUE RADIUS THAT COULD HAVE HIGH DENSITY.
UM, I KNOW TYPICALLY THOSE ARE ALL SUBURBAN, YOU KNOW, 50 FOOT WIDE, 70 FOOT WIDE LOTS.
UM, BUT YOU KNOW, IF WE GET SOME MORE CONDOS IN THIS COMMUNITY, HOPEFULLY, UM, THAT DENSITY GROW A LITTLE BIT.
IT, IT DOESN'T SPECIFICALLY WHAT TYPE OF RESIDENTIAL.
IT COULD BE SINGLE FAMILY DETACHED.
IT COULD BE CONDOMINIUM, IT COULD BE MULTIFAMILY FOR LISA.
IT JUST, IF YOU INCREASE IT, YOU'RE ALLOWED TO PUT AN EXTRA GAS STATION THERE.
I DIDN'T PUT A LOT OF STIPULATIONS ON WHERE YOU COULD PUT IT.
IF THE POPULATION INCREASED, I ACTUALLY LEFT IT PRETTY OPEN INTENTIONALLY BECAUSE MOVING FROM THE POINT WHERE WE LIMIT IT TO WHERE, WHAT COULD HAPPEN STARTS TO GET INTO A LOT OF WHAT IFS.
SO I JUST WANTED TO MAKE IT VERY SIMPLE FROM A, FROM A PROCESSING OF THE CODE AND BEING ABLE TO ENFORCE IT.
I WANTED TO MAKE IT MANAGEABLE AT THE SAME TIME.
UM, SO FIRST THE LEAKAGE STUDY, UM, I READ IT, IT WAS THANK YOU FOR PROVIDING THAT.
UM, WHAT I DIDN'T SEEM TO ACCOUNT FOR AND WHAT A LOT OF THE MAP, YOU KNOW, WITH HOW MANY PEOPLE LIVE IN A CERTAIN AREA, IT DOESN'T SEEM TO ACCOUNT FOR IS ITSELF.
UM, OUR NUMBERS ARE GOING TO BE DIFFERENT THAN OTHER CITIES OF THE SAME POPULATION BECAUSE OF THAT.
DID THE LEAKAGE STUDY TAKE THAT INTO ACCOUNT? UH, I, I PROBABLY, I COULD TELL IT WAS JUST POPULATION.
IF IT'S NOT A SERVICE SOMEWHERE, NOT ON A MAJOR HIGHWAY, IT WAS JUST HOW MANY THESE RESIDENTS WOULD WANT.
I DON'T KNOW THE ANSWER TO THAT SPECIFIC QUESTION.
UM, AND I DON'T BELIEVE IT'S JASON ON THE CALL, BUT YOU, AND SO I DON'T THINK HE IS.
I DON'T KNOW THAT ANSWER, I BELIEVE.
WELL, I DON'T WANT TO MAKE AN ASSUMPTION BASED ON HOW HE CALCULATED EVERYTHING.
I DIDN'T, I DIDN'T SEE THAT ON THE STUDY WHEN I READ IT.
SO I WAS ASSUMING, NO, BUT I DON'T KNOW THE ANSWER EITHER.
NEXT, UM, LET'S SAY THIS DID PASS AND CITY COUNCIL PASSED IT AND YOU CANNOT BUILD, UH, YOUR GAS STATION OR WHATEVER WITHIN THAT DISTANCE IS, WOULD THERE BE A PROCESS TO THEN SAY, HEY, MY PROJECT IS ACTUALLY DIFFERENT THAN ALL THE OTHER GAS STATIONS.
YOU HAVE ALL THE OTHER CAR WASHES, ALL THE OTHER SELF STORAGE'S.
UM, IS THERE A WAY FOR SOMEONE TO SAY, CAN I GET AN EXCEPTION? I DIDN'T NOTICE THAT IN THE CODE, IS THAT, IS IT A FLAT NO.
OR WITH THE, UM, THE IDEA AND THE WAY I DRAFTED IT WAS FOR THE FIRST SPECIFIC FOR THE GAS STATIONS.
[00:50:01]
IF YOU INCREASE THE ESTIMATED POPULATION IN AN AREA, RIGHT BY 5,000, THEN YOU CAN, RIGHT.LIKE, IT'S JUST, YOU'RE ALLOWED TO, IF YOU HAVE THE ZONING, YOU'RE ALLOWED TO SUBMIT THE SITE DEVELOPMENT PERMIT.
WITH THE OTHER TWO, I, I DIDN'T INCLUDE ANY SPECIAL EXCEPTIONS AT ALL.
NOW, IF THAT IS A RECOMMENDATION, UM, THAT YOU DON'T BELIEVE IS APPROPRIATE, WE CAN ACCOUNT FOR THAT.
UM, AND MAKE SURE THAT CITY COUNCIL IS ALSO AWARE THAT Y'ALL BELIEVE, UH, IT WOULD PROBABLY BE IT THROUGH A CONDITIONAL USE PERMIT.
NOW, IF WE DO THAT, I DON'T KNOW WHAT THE CONDITIONS WOULD BE OFFHAND TO ALLOW THAT THROUGH A CONDITIONAL USE PERMIT, IF THEY DECIDED IT WAS APPROPRIATE TO HAVE A SELF STORAGE FACILITY OR CARWASH OR GAS STATION.
I WAS JUST ASKING FOR CLARIFICATION.
SO WHEN WE SHOULD DISCUSS IT, WE HAVE A BETTER FOUNDATION TO TALK THROUGH.
AND THEN, UM, MY LAST ONE IS PLACES THAT HAVE GAS STATIONS ATTACHED WITH THEM.
YOUR, UH, IF HPV WANTS TO BUILD A SECOND HEB, IF YOU KNOW, COSTCO IS COMING IN, UM, SO IS THERE ANY KIND OF CONSIDERATION FOR THOSE, OR ARE WE JUST SAYING, SORRY, HEB, YOU CAN'T BUILD ANOTHER GAS STATION BECAUSE YOU'RE TOO CLOSE TO THE SEVEN 11.
WE DID NOT CONSIDER IT FROM A, A, AN OWNERSHIP PERSPECTIVE.
LIKE IF IT'S A LARGER SCALE PROJECT, LIKE HEB OR WHATNOT, WE WERE TRYING TO BE FAIR ACROSS THE BOARD WHEN IT CAME TO LIMITING IT, WE DIDN'T WANT TO GIVE SPECIAL CONSIDERATION TO SPECIFIC.
SO HAD WE HAVE PASSED THIS PREVIOUSLY, LIKE THE QT THAT OPENED, I'M NOT SURE IF IT COULD HAVE BECAUSE OF CLOSE BY GAS STATION.
AND THEN IF IT DID OPEN THOUGH, THE COSTCO GAS STATION IS GOING TO BE WITHIN THAT SAME REALM.
SO THIS WOULD HAVE PREVENTED ONE, IF NOT BOTH OF THOSE AS IT IS NOW.
WELL, WE'LL TALK MORE ABOUT THAT IN DISCUSSION.
I THINK PATTY HAD THINGS SHE WANTED.
NO, I WAS GOING TO ASK ABOUT THE EXCEPTIONS.
UM, ONE THING THAT I'VE KEPT HEARING IN THIS DISCUSSION, IT'S LIKE IF YOU INCREASE OVER 5,000, IS THAT AN INDIVIDUAL USE OR IS THAT THE TOTAL USES OF HAVE SINCE THE PREVIOUS 5,000, BECAUSE THAT DOESN'T SEEM FULLY CLEAR.
IT IS ADDITIONAL POPULATION TO WHAT'S ALREADY IN THE AREA.
SO IT CAN BE AS MULTIPLE LAND USES THAT ARE ADDED TO THE AREA, OR IT CAN BE A SINGLE DEVELOPMENT THAT DOES THAT.
IT JUST DEPENDS ON, IT JUST DEPENDS ON THE DEVELOPMENT AND THE AREA AROUND THERE, IF IT CAN SUPPORT THAT POPULATION OR NOT.
BUT IT'S IN ADDITION TO THE EXISTING POPULATION.
ARE THERE ANY OTHER QUESTIONS FOR STAFF? OKAY.
UM, SO I AM GOING TO, I WOULD PERSONALLY LIKE TO TAKE THIS IN SOME SECTIONS, UM, YOU ALL CAN MAKE MOTIONS, HOWEVER YOU WOULD LIKE, I ACTUALLY AM GOING TO, UH, I, I ONLY WANT TO MAKE A MOTION FOR SOMETHING I'M GOING TO SUPPORT.
SO, UM, I WOULD PERSONALLY MAKE A MOTION TO APPROVE THE, UH, THE LIMITING FOR THE W IS SELF STORAGE.
WAS IT MINI SELF STORAGE? UM, THAT I WOULD LIKE TO DISCUSS THAT FIRST.
SO THAT IS MY MOTION TO APPROVE THAT SECTION I'LL SECOND ORDER.
WOULD THAT WOULD APPROVING ONLY A PART OF IT, STOP US FROM BEING ABLE TO APPROVE A, ANOTHER PART OF IT, BECAUSE IT GOES THROUGH THE ITEM AS A WHOLE, OR WE HAVE TO SPLIT IT THREE MOTION.
YOU CAN SPECIFY WHICH, HOW SPECIFIC YOU WANT YOUR MOTION TO BE.
IF YOU WANT TO CONSIDER A SPECIFIC ITEM.
UM, AND AGAIN, IT'S A RECOMMENDATION, THIS IS WHAT OUR RECOMMENDATION TO COUNCIL IT.
BUT MY QUESTION IS, IF YOU, IF YOU ITERATE THROUGH THAT, THAT WANTS, DOES IT GO THROUGH THE ITEM AS A WHOLE? BECAUSE WE BASICALLY, WHAT WE'RE SAYING IS OUT OF ITEM EIGHT E UM, WE'RE SAYING WE WANT TO APPROVE X, DOES THAT THEN MOVE US THROUGH THE ITEM AS A WHOLE IN PARLIAMENTARY PROCEDURE? W W I, AFTER THIS, YOU CAN GO BACK AND, AND MAKE A MOTION ONE WAY OR THE OTHER APPROVE OR DENY THE OTHER ONES AS WELL.
SO YEAH, WE CAN DO THIS IN ANY ORDER.
YES, VERONICA TO BE A BETTER ASSISTANT CITY ATTORNEY.
ONE OF THE THINGS THAT YOU CAN ALSO DO IS, AS YOU CAN ADD, CONTINUE TO ADD TO YOUR MOTION BY AMENDING IT, AND THAT'S PROBABLY PREFERENCE, UM, FOR THE MINUTES AS WELL.
IT'S JUST THAT YOU DO TAKE THE ITEM, BUT THEN YOU CAN CONTINUE TO ADD AMENDMENTS TO IT.
SO I HAVE MADE THE MOTION AND IT WAS
[00:55:01]
I'M SORRY.AND THERE WAS A COMMISSIONER CHASE WHO, UM, SECOND OF THE MOTION, THE MOTION HAS BEEN MADE ABOUT THE SELF STORAGE UNITS, UH, APPROVING THAT RESTRICTION.
IS THERE ANY DISCUSSION ON THAT MOTION? I'M GOING TO GO AHEAD AND KIND OF GO THROUGH MY THOUGHT PROCESS ON THIS.
SO WE'VE, WE'VE TALKED WHY I'M SUPPORTING THIS ONE AND POSSIBLY NOT THE OTHERS.
UM, WE HAVE TALKED THROUGH SOME, SOME CONCERNS I HAVE WITH THE OTHERS, AS FAR AS UNINTENDED CONSEQUENCES, WE MIGHT HAVE A, WITH THE OTHER, THE GAS STATION AND, AND THE, UM, CARWASH.
BUT, UM, BUT I DO BELIEVE THAT SELF STORAGE UNITS ARE SOMETHING THAT, UM, PEOPLE DO NOT NEED TO ACCESS AS FREQUENTLY THAT YOU DO.
IF YOU DO CHOOSE TO USE ONE, UM, IT DOES NOT HAVE TO BE IN THE VICINITY OF ANOTHER.
UM, HAVING A LIMIT ON THOSE IS SOMETHING I CAN SUPPORT, BUT I BELIEVE THAT BOTH THE GAS STATION AND THE OTHER, UM, ARE, ARE DIFFERENT CONVERSATIONS.
SO, UH, IF, UH, IF SOMEONE DID WANT TO AMEND THE MOTION, AS SHE SAID, YOU ARE, YOU, YOU CAN MAKE A MOTION TO AMEND THE MOTION, OR WE CAN JUST MAKE, GO THROUGH THIS MOTION AND THEN MAKE ANOTHER ONE.
I'D LIKE TO, TO SEE US GO THROUGH THIS MOTION.
THIS ONE, I PERSONALLY, I'D LIKE TO SEE A SEPARATE ALL FIVE ITEMS OUT SEPARATELY.
IS THERE ANY OTHER DISCUSSION ON THE MOTION TO APPROVE THE RESTRICTION FOR SELF STORAGE? OKAY.
WOULD ANYONE LIKE TO MAKE A MOTION FOR ANY OF THE OTHER ITEMS MR. CHAIR? YEP.
LIKE TO MAKE A MOTION TO APPROVE THE, UH, RESTRICTION ON THE AUTOMOBILE WASH.
IT'S BEEN MOVED BY COMMISSIONER, UH, CHASE SECONDED BY COMMISSIONER JAMES TO APPROVE THE RESTRICTION ON THE CAR WASHES.
IS THERE ANY DISCUSSION ON THAT MOTION? SO, YES, COMMISSIONER JASON, I FEEL YOUR ARGUMENT FOR THE SELF STORAGE AND, UH, WHY WE WOULD WANT TO RESTRICT THOSE APPLIES TO THE WASHES AS WELL.
IT'S A NICETY, UM, WANTS AND NEEDS ARE TWO DIFFERENT THINGS.
UH, YOU DON'T NEED TO HAVE A CARWASH.
YOU DON'T NEED TO HAVE, HOW MANY DO WE HAVE NOW WILL QUALITY DRIES? I DON'T HAVE IT HERE IN FRONT OF ME.
I MEAN, WE'RE OVER WE'RE OVER-SATURATED TODAY.
UM, AND I JUST DON'T FEEL THAT THE HIGHEST AND BEST USE FOR, FOR OUR COMMUNITY.
I THINK MY SECOND YEAR OF IT CAME FROM THE FACT THAT WE, LAST TIME WE MET, TALKED ABOUT, UM, ESSENTIALLY DESIGNING OUT A CAR WASHES FROM A SPECIFIC, UM, ITEM, WHICH TELLS ME THAT THERE IS AN OVER-SATURATION OF THESE THINGS FROM THE PERSPECTIVE OF PLANNING, IT WILL BE A SMART, UM, PLANNING DECISION TO THEN CHANGE WHERE YOU CAN PUT THOSE SO THAT WE ACTUALLY ACCURATELY REFLECT WHERE WE WANT TO SEE THOSE.
WHEN WE RECEIVE THESE BACK HERE AT PLANNING AND ZONING AND THE END OF THE COUNCIL.
I'M GOING TO, UM, I, I DO FEAR BECAUSE FOR, FOR, FOR SEVERAL REASONS GOING FORWARD WITH THIS, UM, I DO KNOW THAT ONE, OUR HEB DOES HAVE A CARWASH.
I DO NOT WANT FOR A SITUATION LIKE, YEAH, I, I DO NOT WANT THE UNINTENDED CONSEQUENCE OF PREVENTING A FUTURE PROJECT BECAUSE WE ARE LIMITING WHAT THEY CAN OR CAN'T HAVE.
IF A SECOND DID WANT TO COME TO OUR CITY, WHICH I ASSUME WILL HAPPEN ONE DAY.
UM, I DO NOT WANT TO HINDER THAT.
WE HAVE QUITE A FEW CAR WASHES IN OUR CITY, BUT THEY ARE BUSY.
IT IS, IT IS NOT THAT THEY GO, THAT THEY SIT UNUSED IT.
UH, UM, I AM AFRAID THAT THE FEW OF US UP HERE ARE MAKING A POLICY THAT MANY OF OUR CITY WOULDN'T NECESSARILY AGREE WITH BECAUSE OF HOW MUCH THEY ARE USED.
AND I UNDERSTOOD THE ARGUMENT AGAINST THE SELF STORAGE UNITS, THE SIZE I TOOK UP, THE NUMBER OF PEOPLE THAT THEY,
[01:00:01]
UH, THE, THE FEW, THE FEW PEOPLE THAT WERE HIRED THERE, BUT I DON'T SEE THE SAME WITH CAR WASHES.I UNDERSTAND THAT IT MAY NOT BE MY PERSONAL THING.
I WOULD LIKE TO SEE IN A RETAIL SERVICES, BUT I DO NOT WANT TO SAY, NO, YOU CANNOT ABSOLUTELY HAVE THIS.
UM, JUST BECAUSE THAT'S NOT MY PERSONAL PREFERENCE, THAT, THAT, SO I AM AGAINST THIS ITEM, BUT THAT IS MY STANCE.
IS THERE ANY OTHER DISCUSSION I LIKE BRENDAN'S THOUGHT OF, UM, FIGURING OUT WHERE THEY CAN GO, INSTEAD OF JUST PUTTING THEM IN WITH RETAIL SERVICES OR LIMITING THEM TO WHERE THEY ARE, BUT SAYING, WHERE CAN THEY GO AS, WHEN, WHEN WE'RE DOING OUR PLANS, WHERE SHOULD THEY BE? BECAUSE I ALSO THINK WE TALK ABOUT, WELL, YOU KNOW, PEOPLE CAN WASH THEIR CAR IN THEIR DRIVEWAY.
NO, THEY CAN'T BECAUSE WE'RE BUILDING APARTMENTS NONSTOP, YOU KNOW, AND THEY'RE NOT GETTING, THEY CAN'T RUN WATER IN THE PARKING LOT AND WASH THEIR CAR.
SO AS WE GO VERTICAL, THEY DON'T HAVE DRIVEWAYS.
PEOPLE, PEOPLE HAVE TO BE ABLE TO WASH THEIR CAR.
SO I'M S I DON'T WANT THEM IN PRIME RETAIL SPACE, BUT I WOULD LIKE TO BE ABLE TO STILL SEE THEM IN THE COMMUNITY, PARTICULARLY AS WE BUILD THESE APARTMENTS, BECAUSE THIS DENSITY, PEOPLE ARE GOING TO WANT A PLACE TO DO THAT.
SO THAT'S MY, I DON'T KNOW HOW THAT WORKS, BUT MAYBE WE COULD, COULD WE DO A FRIENDLY AMENDMENT INSTEAD OF SAYING HARD LIMITATION TO CURRENTLY ALLOW VARIANCES AND IF NECESSARY.
SO WE GET ANOTHER HEB OR WE GET ANOTHER BIG PROJECT THAT WANTS TO PUT IN, OR CAN WE DO SOMETHING TO WHERE WE MOVE IT INTO OUR PLANNING, FIND A SPACE FOR IT.
THAT'S UM, IT'S, IT'S A CONFUSED QUESTION, RIGHT? I UNDERSTAND WHERE YOU'RE COMING FROM NOW.
AS EMOTION IS NOW IT'S YOU CANNOT HAVE IT WITHIN, I'M SORRY, WHAT WAS IT? A MILE AND A HALF OF ANOTHER FOR ALL CENTRAL PURPOSES, A 0.7, FIVE MILE RADIUS RADIUS, AND TWO RADIUS.
SO THAT'S, AS IT IS NOW, IF, IF YOU DO WANT TO MAKE A MOTION TO AMEND THAT YOU CAN, OR WE WOULD VOTE YES OR NO ON IF YOU CAN BE WITHIN A MILE AND A HALF OF ANOTHER YES.
SO I THINK THIS BRINGS UP AGAIN, WHAT, UM, MR. ATKINSON ALREADY STATED AS WHAT, WHAT ARE THE CONDITIONS? WHAT, YOU KNOW, I, I, I SEE WHERE YOU'RE COMING FROM AND I HAD THE SAME THOUGHT PROCESS OF WHY DON'T WE JUST CPU ALL OF THESE? WELL, THEN WE'VE GOT TO COME UP WITH THE CONDITIONS AS WELL.
UM, THING THAT YOU'RE AN HEB IS NOT A CONDITION THAT'S FAVORITISM.
UM, WE NEED TO TREAT ALL, ALL BUILDERS EQUALLY HERE.
UM, AND I DON'T THINK WE SHOULD, WE SHOULD, UM, WE SHOULD LOOK AT, AT, UM, POTENTIAL LOSSES IN THE FUTURE, UM, COMPARED TO, TO WHERE WE'RE AT TODAY.
UM, THAT, THAT JUST, I DON'T SEE EVERY HEB DOESN'T HAVE A GAS STATION IN A, IN A CAR WASH IN IT.
I THERE'S, THERE'S PLENTY OF WITHOUT THEM.
AND I, I GET IT, UM, APARTMENTS AS WELL.
I, I HAVEN'T LIVED IN AN APARTMENT FOR A LITTLE BIT, BUT EVERYONE THAT I HAVE LIVED IN, IN THE LAST, PRIOR TO MOVING TO TEXAS, ACTUALLY I LIVED, I LIVED IN APARTMENT EXCLUSIVELY IN CALIFORNIA.
UM, AND MY FIRST APARTMENT ACTUALLY HERE IN TEXAS AT A CARWASH, A PLACE YOU CAN PULL IT, PUT YOUR CAR, THEY HAD A HOSE BIB, AND YOU CAN, YOU CAN WASH YOUR CAR.
UM, SO, YOU KNOW, I JUST, AGAIN, I FEEL THAT WE'RE, WE'RE PUSHING A, A WANT INSTEAD OF A NEED.
AND I THINK THIS, THIS COMMUNITY NEEDS, UH, MORE, UM, MORE DIVERSE RETAIL INSTEAD OF MORE CAR WASHES, GAS STATIONS.
WE'LL GET TO THAT WHEN WE GET TO THAT.
BUT, UH, AS FAR AS CAR WASHES, WE'RE SATURATED RIGHT NOW.
I THINK SOMETHING TO MENTION HERE IS THAT THERE IS IT'S.
I DON'T THINK THAT WE ARE BLOCKING OUT FUTURE PROJECTS, OTHER THAN CAR WASHES.
THERE ARE HBS THAT DO NOT HAVE CAR WASHES, THEIR HCPS DO QUITE WELL.
THEY DIDN'T HAVE CAR WASHES NOW, GAS STATIONS THAT, THAT MAY BE A DIFFERENT, THAT'S A DISCUSSION FOR THE NEXT ITEM, BUT THIS IS ONE OF THOSE THINGS WHERE THERE ARE PLENTY OF SUCCESSFUL BUSINESSES WHERE THIS IS AN ADD ON.
UM, AND THE QUESTION IS DO, DOES THAT ADD ON THEN ADD VALUE TO THE, WHAT WE'RE DOING WITH OUR CAR WASHERS OR WHAT WE WANT TO SET UP CAR WASHES? AND I WOULD SAY NO,
[01:05:01]
LIKE I WOULD SAY IT DOESN'T SPECIFICALLY ADD VALUE, UM, TO SAY THAT AN HEB LIKE ADDING A, UH, YOU KNOW, CARWASH ADDS SPECIFICALLY A THING THAT WE'RE LOOKING FOR WHEN WE'RE PLANNING.AND I WOULD EVEN SAY THAT IT WON'T STOP AGB FROM COMING INTO OUR COMMUNITY.
THE THING THAT HGB LOOKS FOR WHEN THEY DO THIS, AND I'M NOT, I DON'T WANT TO SPEAK FOR THEM, BUT IT COMES FROM THE DEMAND OF THESE SERVICES THAT MAINLY HEB HAS, WHICH IS THE GROCERIES AND THE GAS STATION.
AND NOT NECESSARILY THE CARWASH.
THAT'S WHY THEY ASK YOU WHEN YOU GET TO THE CARWASH, IF YOU WANT TO, TO, OR IF YOU GET A GAS STATION THAT YOU, IF YOU WANT TO TAKE A CARWASH BECAUSE IT'S AN EXTRA UPSELL.
UM, I, I UNDERSTAND WHAT'S BEEN SAID, I AM STILL AGAINST THIS ITEM.
I BELIEVE WE, WE MUST BE VERY CAREFUL IN SAYING YOU CANNOT BUILD BLANK AND, AND, AND WHILE THERE COULD BE A STRONG ARGUMENT MADE FOR ANY ITEM.
UM, I ALSO DO THINK THAT MS NICE COMMENTS EARLIER TODAY WHO DO HAVE VALIDITY IN THAT SHE WAS CONCERNED ABOUT BASICALLY GIVING SOMEONE A MONOPOLY IN A CERTAIN AREA, UH, THAT'S ALREADY BEEN BUILT.
AND I DO AGAIN, THINK THAT OUR CAR WASHES ARE BUSY AND OUR CITY IS GOING TO GROW LARGER.
I UNDERSTAND THERE ARE PEOPLE IN OUR CITY WHO ARE TIRED OF SEEING THOSE WHEN THEY'D LIKE TO SEE SOMETHING ELSE INSTEAD, BUT I DO ALSO BELIEVE OUR COMMUNITY, UM, DOES USE THIS SERVICE.
UM, SO THAT'S ALL I HAVE TO SAY.
IS THERE ANY OTHER DISCUSSION? OKAY, I'M GOING TO GO AHEAD AND ASK FOR A ROLL CALL VOTE, PLEASE.
WOULD YOU RESTATE WHAT WE'RE VOTING ON PLACE? OKAY.
THE MOTION WAS TO APPROVE THE RESTRICTION THAT THAT STAFF SUGGESTED FOR THE CAR CAR WASHES THAT YOU CAN AT THIS POINT 75 MILE RADIUS.
NAH, MY CALL DARA NA JAMES, I CHASE.
UM, UM, WOULD ANYONE LIKE TO MAKE A MOTION FOR THE GAS STATION OR ANY OTHER ITEM PART OF THIS? I'D LIKE TO MAKE A MOTION FOR THE BREW PUBS IN THE DOWNTOWN IN FAVOR OF ADDING THOSE.
THERE'S BEEN A MOTION MADE TO APPROVE THE ADDITION OF BREW PUB TO CBD TO A MOTION MADE BY COMMISSIONER SNYDER.
IT'S BEEN MOVED BY COMMISSIONER.
SECONDED BY COMMISSIONER JAMES.
IS THERE ANY DISCUSSION ON THAT MOTION? THE BREW PUB? CAN I GET CLARIFICATION? YES.
UM, SO JUST THE BREW PUB PUB, THE, SORRY, NOT THE BAR WITHOUT RESTAURANT, RIGHT? CORRECT.
I THINK ONE OF THE BIGGEST THINGS TO TALK ABOUT HERE IS THAT, UM, THE BREWPUB IS SIGNIFICANTLY DIFFERENT, UM, THAN I THINK A LOT OF PEOPLE SPECIFICALLY ARE LOOKING AT, UM, WHEN IT COMES TO ALCOHOL ESTABLISHMENTS, THE CLIENTELE IT BRINGS IN, UM, THE FOLKS WHO, THE HOURS THAT IT'S OPEN THE, UM, THE, THE, THE CLIENTELE IT WOULD DRAW FROM OTHER SPACES IS A WILDLY DIFFERENT THAN BARS.
UM, AND SO I THINK THAT THERE IS AN ARGUMENT TO BE MADE, EVEN IF YOU DO NOT SUPPORT THE BAR FUNCTION OF THIS, UM, AMENDMENT TO SUPPORT THE BREW PUB BECAUSE OF THIS.
UM, ALSO I WANT TO HIGHLIGHT THAT IN SAN MARCOS, UM, THEY LOST A BREW PUB, UM, NOT ABOUT YEAR AGO DUE TO THE CORONAVIRUS THAT SIGNIFICANTLY DECREASES THE AMOUNT OF THIS IN HAYES COUNTY.
IT WOULD BE GREAT TO HAVE THAT NEXT ONE HERE IN KYLE.
I THINK THAT'S A REALLY IMPORTANT BUSINESS THAT WE CAN CORNER.
UH, I ACTUALLY HAVE A QUESTION.
UM, SO HYPOTHETICALLY WE'RE, WE'RE, WE'RE, WE'RE TALKING ABOUT THE BREW PUB.
NOW THE BAR WITHOUT FOOD IS NOT BEEN, HAS NOT BEEN DISCUSSED YET, AND I'VE BEEN SO, UH, UM, I'M SORRY, I DON'T NECESSARILY UNDERSTAND THE DEFINITION OF, OF THE BREW PUB.
WOULD THEY BE REQUIRED TO SERVE FOOD IF WE DIDN'T PASS THE NEXT OR, OR, OR AS A BREW PUB BY DEFINITION, JUST A PLACE THAT BREWS AND SELLS WHAT THEY BREW OR WOULD THEY BE REQUIRED TO HAVE FOOD? WE DON'T HAVE A DEFINITION FOR BREWPUBS SLASH MICROBREWERY IN OUR CODE, BUT THE SIC CODE IS ESSENTIALLY STATES.
UM, ONE THAT THEY, THEY CAN, THEY CAN PRODUCE, UH, UH, BEER ONSITE.
THERE'S A CAP PER STATE LAW THAT IT'S DEFINED AS, I DON'T KNOW WHAT THE NUMBER IS FOR BARRELS PER YEAR.
[01:10:01]
BUT THEY ALSO HAVE FOOD ASSOCIATED WITH IT.THANK YOU FOR THAT CLARIFICATION.
UH, SO YEAH, JUST MY THOUGHTS IS WHEN, WHENEVER I, I KNOW, I KNOW ANYTIME TALKING ABOUT CBD ONE CBD TWO, IT'S, IT IS A, IT CAN BE A CONTENTIOUS, UH, TOPIC.
UM, WHEN I THINK ABOUT THAT AREA, I THINK ABOUT THREE DIFFERENT GROUPS OF PEOPLE AND ALL THREE NEED TO BE CONSIDERED IN THIS EQUATION.
I THINK ONE, THERE IS THE PEOPLE WHO LIVE IN THAT VICINITY.
HOW WILL THIS AFFECT THEM? I THINK TOO, THERE IS THE CITY AS A WHOLE, BECAUSE EVEN THOUGH I MAY NOT LIVE DOWNTOWN, THAT IS STILL MY DOWNTOWN AND WHAT IS THERE, WHAT ISN'T THERE? IT DOES AFFECT ME.
AND THEN I ALSO THINK OF THE PEOPLE WHO ARE OUTSIDE OF OUR CITY.
WHEN I GO TO A PLACE LIKE LOCKHART, I GO TO THEIR DOWNTOWN.
I DON'T LIVE IN LOCKHART, BUT I VISIT THEIR CLOCK MUSEUM.
UM, AND SO, AND SO I THINK WE HAVE TO BE CAREFUL OF WHAT WE ADD FOR ANY, ANY USAGE TO DOWNTOWN, UH, FOR THOSE PEOPLE THAT DO LIVE IN THAT AREA.
BUT I THINK A, UH, A MICROBREWERY, A BREW PUB, UH, DOES GIVE BENEFIT TO, TO, TO, TO ALL THE RESIDENTS OF KYLE AND EVEN THOSE PEOPLE WHO COME INTO OUR CITY FROM OUTSIDE.
SO AGAIN, I AM VERY CAUTIOUS ABOUT EACH THING I ADD OR REMOVE FROM , BUT I DO BELIEVE THIS WOULD BE, UM, I THINK THAT WOULD BE BEST FOR OUR CITY.
I WOULD ADD TO THAT COMING FROM, UH, MOVED HERE A YEAR AND A HALF AGO FROM COLORADO, WHICH IS THE MICROBREW CAPITAL OF THE NATION, AND LITERALLY IS, AND, AND, UM, AND IT'S, IT'S BECOME A REAL ECONOMIC DRIVER IN THAT STATE.
I ALSO HAVE FAMILY WHO COME TO VISIT ME FROM HOUSTON.
THEY STAY AT MY HOUSE AND THEN THEY GO OUT TO ALL THE MICROBREWS, THEY HIT WIMBERLEY, THEY HIT DRIPPING SPRINGS.
AND SO MICROBREW, AS YOU SAID, BRENDAN IS COMMISSIONER, IS THAT, UM, IT'S A COMPLETELY DIFFERENT CLIENTELE.
IT'S ALMOST LIKE A COFFEE SHOP TYPE CLIENTELE, NOT PEOPLE WHO ARE GOING TO, UM, IT'S JUST A DIFFERENT TYPE OF CLIENTELE IN A MICROBREW.
I LIKED THAT THEY, I, I LIKED THAT THEY SERVE FOOD.
THEY ALL DO SERVE FOOD WHERE I COME FROM.
I THINK THAT'S REALLY IMPORTANT.
AND SO, UH, BUT ANYWAY, I'M VERY MUCH IN FAVOR OF IT.
I THINK WE COULD USE MORE OF THEM AND I THINK IT WOULD REALLY ENHANCE THE QUALITY AND THE VIBRANCY OF AN AND THE ATTRACTIVENESS OF KYLE TO OTHER PLACES.
IS THERE ANY OTHER DISCUSSION ON THE MOTION? OKAY.
UM, ALL THOSE IN FAVOR, SAY AYE.
WE STILL HAVE TWO MORE PARTS OF THIS ITEM THAT HAVE NOT BEEN DISCUSSED YET.
I'D LIKE TO MAKE A MOTION TO, UH, TO, UH, DENY, UH, THE FIELD STATION RESTRICTION.
IT'S BEEN MOVED BY COMMISSIONER SHAY, SECONDED BY COMMISSIONER JAMES TO DENY THE RESTRICTION FOR THE GAS STATION.
IS THERE ANY DISCUSSION ON THAT MOTION? YEP.
SO, SO IN THIS SITUATION, IF, WHEN WE DO VOTE A VOTE FOR, AND I WOULD BE TO DENY IT, YOU DENY THE RESTRICTION, THE RESTRICTION.
UM, ALL THOSE IN FAVOR, SAY AYE.
LASTLY IS THE BAR WITHOUT RESTAURANT.
I MOVED TO APPROVE BAR WITHOUT RESTAURANT IN, UM, THE MOVE, THE BAR WITHOUT RESTAURANT ADDITION TO CBD TO THANK YOU.
IT HAS BEEN MOVED BY, UH, COMMISSIONER JAMES.
IS THERE A SECOND? I'LL SECOND.
IT HAS BEEN MOVED BY COMMISSIONER JAMES SECONDED BY COMMISSIONER CHASE.
IS THERE ANY DISCUSSION ON THIS ITEM? OH, RIGHT.
UM, I WILL SAY TO FOLLOW UP WHAT I WAS SAYING EARLIER ABOUT THE THREE GROUPS, HOW THAT I DO LOOK AT WHAT I SEE CBD WANTS TO BE TOO.
UM, I DO NOT SEE THE, THE BENEFIT TO OUR RESIDENTS
[01:15:01]
TO, TO ALLOW BARS THAT ALSO DO NOT SERVE FOOD IN CB TWO.AND IT IS ALLOWABLE AND OTHER PLACES IN OUR CITY IN CBD IN OUR ACTUAL DOWNTOWN SPECIFICALLY.
UM, I BELIEVE THAT WHAT WE HAVE NOW WITH OUR, EITHER WITH OUR APPROVED, HOPEFULLY APPROVED MICROBREWERIES, AND THEN ALSO THE BARS THAT DO HAVE RESTAURANTS, I BELIEVE THAT HAS A, THAT HAS A VALUE TO OUR CITY.
UM, BUT WHEN I'M CONSIDERING THOSE PEOPLE WHO DO LIVE DOWNTOWN, I DO NOT BELIEVE THIS WOULD GIVE ENOUGH BENEFIT TO OUR CITY TO, UH, TO BE ABLE TO SUPPORT THIS.
SO I WILL NOT SUPPORT THIS ITEM.
I THINK, UM, TO SET UP, UH, I AGREE.
I THINK JUST FROM A PUBLIC SAFETY, PUBLIC HEALTH STANDPOINT, PEOPLE SHOULD BE EATING WHEN THEY'RE DRINKING.
I JUST, I JUST DON'T THINK THAT THAT'S A GOOD, AND FROM WHAT I UNDERSTAND FOR WHEN YOU SAID THE DEFINITION OF THAT, THAT, UH, THAT AN ESTABLISHMENT COULD BE BUILT WITHOUT A RESTAURANT, STILL HAVE A FOOD TRAILER OUTSIDE AND BE CONSIDERED, EVEN IF WE DID NOT APPROVE THIS, EVEN IF, BECAUSE IF THEY HAD A FOOD TRIP TRUCK OUTSIDE, THEY'RE GOOD.
JUST LIKE A RESTAURANT, RIGHT.
BECAUSE THEY MEET THE DEFINITION OF A RESTAURANT.
SO YEAH, I AM NOT IN FAVOR OF THIS.
THANK YOU, COMMISSIONER JAMES.
UM, WHAT I WILL SAY IS I THINK THERE COMES A TIME IN WHICH THIS USE IS EFFECTIVE.
UM, I UNDERSTAND THE THREE GROUPS THOUGHT OF IT.
I ALSO UNDERSTAND THAT YOU HAVE TO WEIGH THEM OUT AND THEY'RE NOT ALWAYS EVEN.
UM, I THINK THERE COMES A TIME IN THIS COMMUNITY WHERE WE DO HAVE TO SEE THAT THERE IS A DEMAND AND A NEED FOR THAT.
UM, I ALSO THINK THERE IS A LOT OF FEAR THAT WILL BECOME SAN MARCOS BECAUSE OF THIS.
THIS IS GOING TO BE THE NEW SQUARE.
UM, AND I WANT YOU TO LOOK AND SEE THE FOLKS THAT LIVE IN SAN MARCOS VERSUS THE FOLKS THAT LIVE IN KYLE.
UM, PEOPLE AREN'T TRAVELING MORE THAN LIKE TWO MILES TO GO TO THE SQUARE.
LIKE MOSTLY IT'S COLLEGE STUDENTS.
IF YOU THINK COLLEGE STUDENTS ARE GOING TO COME TO KYLE, I CAN SEE LIKE VOTING AGAINST THIS, BUT I DON'T THINK THAT'S EXACTLY WHAT'S GOING TO GO ON.
ALSO, I DO WANT TO SAY, UM, THIS IS THE, ONE OF THE REASONS I MADE THIS MOTION, JUST BECAUSE I'M OPEN TO A FRIENDLY AMENDMENT ABOUT MAKING SURE INCLUDES, UM, BARS WITH FOOD, IF THAT IS NOT ALREADY IN THE, IF IT ISN'T ALREADY IN THE THING, THE BAR WITH FOOD IS ALREADY IS ALREADY, IS ALREADY AN OPTION IN CBD TO, YEAH.
I WOULD, I WOULD STILL VOTE YES FOR THIS.
UM, BECAUSE I THINK IT IS IMPORTANT AND A GOOD ADDITION TO OUR COMMUNITY, UH, COMMISSIONER JACE, UH, I UNDERSTAND BOTH POINTS OF VIEW.
I WILL SAY THAT THERE'S NOTHING IN THE CODE THAT SAYS A CUSTOMER MUST BUY THE FOOD, EAT THE FOOD WHEN THEY GO TO ANY OF THE BARS CURRENTLY.
UM, A LOT OF PEOPLE JUST GO TO THE BARS TO HAVE THE DRINKS AND, AND THE FOODS AVAILABLE, BUT, BUT, UM, THEY DON'T NEED IT.
AND WITH THE WAY THE CODE IS NOW YOU ESSENTIALLY, I STILL THINK YOU CAN SELL CHIPS IN YOUR, WITHIN CODE, UM, OR MAKE TORTILLAS AND HAND OUT FREE TORTILLAS AND YOU'RE WITHIN THE CODE.
UM, SO WHY NOT JUST SAY, OKAY, WE'RE GOING TO ALLOW IT.
UM, ARE WE, I MAY HAVE JUST OPENED A PANDORA'S BOX NOW TO REVIEW WHAT A RESTAURANT IS IN THE CITY.
UH, BUT, UH, YOU KNOW, I, I, UH, I AGREE WITH, UH, COMMISSIONER, UH, JAMES, UM, YOU KNOW, I, I DON'T SEE WHY, WHY WE SHOULDN'T, I, I DON'T SEE IT TURNING INTO A, UH, PUBLIC SAFETY ISSUE, UM, WITH, YOU KNOW, HUNDREDS OF FOLKS NOW, FLOCKING TO KYLE, BECAUSE WE HAVE BARS THAT DON'T HAVE FOOD IN THEM.
UM, SO YEAH, I JUST, I JUST DON'T SEE THE POINT IN RESTRICTING IT, MR. JASON.
I WILL FOLLOW THAT UP WITH SAYING THAT, UM, THE DIFFERENCE BETWEEN RAIL HOUSE NOW AND RAIL HOUSE WITHOUT, UH, A FOOD OPTION IS NOT THAT MUCH.
I THINK THERE IS I AS UNDERSTANDABLY A FEAR IN THAT THOUGHT.
UM, BUT I JUST WANT TO SAY AS SOMEONE WHO ATTENDED BARS, WHEN I WAS YOUNGER QUITE A BIT, UM, THAT HAD FOOD SALES, I DIDN'T EAT THE FOOD.
UM, I DRANK THE ALCOHOL, UM, AND I DON'T THINK THAT WHAT WE'RE DOING MAKES REALLY THAT MUCH OF A DIFFERENCE IN THE LONG RUN TO THE SCOPE OF BUSINESSES THAT WOULD BE GETTING IN THIS DOWNTOWN AREA.
IS THERE ANY OTHER DISCUSSION ON THE MOTION? THE MOTION WAS TO APPROVE A BAR WITHOUT RESTAURANT IN CBD, AS WELL AS AN ALLOWABLE USE IN CBD TOO.
SO A FOUR WOULD BE TO, TO, TO ALLOW
[01:20:01]
IT A NAME WOULD BE TO NOT ALLOW IT.COULD WE HAVE A ROLL CALL VOTE ON THIS ONE AS WELL? SNYDER MCCALL NAME, NAME JAMES BY CHASE.
I BELIEVE THAT'S ALL THE ITEMS. 4, 4, 8 E.
[9. General Discussion]
NINE GENERAL DISCUSSION NINE, EIGHT DISCUSSION ONLY REGARDING PLANNING AND ZONING COMMISSION REQUESTS FOR FUTURE AGENDA ITEMS. IS THERE ANYONE WHO WOULD LIKE TO, I KNOW, UM, SOMETHING I'VE BROUGHT UP AND I'D LIKE TO UNDERSTAND IT MORE.AND SO MY, MY ANGST WITH OUR VERTICAL IS IT ALL SEEMS TO BE RENTAL, WHICH IS MORE TRANSIENT LIFESTYLE.
AND I'D LIKE TO, THERE ARE A LOT OF PEOPLE THAT WOULD LIKE TO LIVE IN A CONDO.
THEY DON'T WANT, YOU KNOW, IS THERE A WAY WE CAN INCENTIVIZE AND ENCOURAGE CONDOS? AND THAT MIGHT BE A FUTURE DISCUSSION.
I'M JUST PUTTING THAT ON A FUTURE DISCUSSION.
YOU DON'T HAVE TO ANSWER THAT NOW.
UM, I KNOW, UM, I WOULD SAY ALSO IN THAT, CAN WE GET A, A, SOME SORT OF LIKE, KIND OF A MARKET STUDY, KIND OF LIKE WE HAD NOW ABOUT WHERE OUR DEMAND FOR MULTIFAMILY IS VERSUS DEMAND FOR SINGLE FAMILY, AS FAR AS LIKE WHERE WE'RE AT AND WHERE WE THINK WE WILL NEED TO BE, BECAUSE I MAY THINK THAT WE MIGHT BE ON THE OTHER SIDE OF THAT, BUT I THINK THAT ASSESSING BOTH SIDES OF THAT AS AN IMPORTANT PART OF THIS, THE OTHER THING THAT, UM, AMBER LEWIS FOR THE RECORD, THE OTHER THING THAT Y'ALL ARE GONNA BE GOING, UH, UNDERTAKING IS THE COMPREHENSIVE PLAN.
AND SO I THINK THAT'S A GOOD QUESTION TO ASK OF THE COMMUNITY AT THAT POINT AND, AND SEE WHAT THEY WANT AND PUT THAT BACK INTO Y'ALL'S PLAN.
UM, AND THE OTHER THING, I MEAN, ANOTHER COMP PLAN IS COMING SOON.
AND SO, UM, AND SO I SUPPOSE THIS CAN WAIT, BUT BASED ON THE COUNCILS, UM, NOT MOVING FORWARD WITH THE 21 AND ONE 50 AREA, UM, BOTH THE REGIONAL NODE AND THE, WHAT IS IT? WORKFORCE AREA, WHATEVER IT WAS CALLED EMPLOYMENT.
UM, I MEAN, I WOULD LIKE TO STILL TALK ABOUT SOMETHING IN THAT VICINITY.
I MEAN, IF WE'RE WAITING FOR THE COMP PLAN, THAT'S FINE.
BUT, UM, IF THAT SPECIFIC REGIONAL NODE, WASN'T WHAT THE COUNCIL WANTED SOMETHING DIFFERENT.
UM, I DO BELIEVE LEAVING IT AS IS, MAY NOT BE THE BEST OPTION.
SO, UM, I WOULD LIKE TO TALK ABOUT OTHER POSSIBLE FUTURE, UM, IDEAS OR, YOU KNOW, UH, FOR THAT AREA.
DIDN'T WE TALK AT ONE TIME ABOUT IT BEING LONGER ALONG THE HIGHWAY.
I WOULD LIKE TO ASK HIM AND YOU CAN SAY NO.
UM, IF Y'ALL WOULD LIKE TO GO BACK TO EIGHT E AND, UM, I KNOW IT WAS THE MOTION TO APPROVE FAILED, BUT MAYBE TO MAKE IT CLEAR TO THE CITY COUNCIL, DO YOU WANT TO DENY, UM, SO IF THERE'S, IF YOU WISH TO TAKE UP A MOTION TO DENY? OH, ABSOLUTELY.
UH, THE, UH, ARE YOU, ARE YOU SPEAKING ABOUT A BAR WITHOUT RESTAURANT OR WAS THERE AND CAR WASHES.
AND THEY ALSO VOTED TO DENY THE FUEL STATION RESTRICTION.
BUT, BUT, BUT WE'LL, WE'LL, WE VOTED TO DENY THAT ONE, THE OTHER ONES WE JUST DIDN'T VOTE TO APPROVE.
SO I ACTUALLY DO UNDERSTAND WHAT YOU'RE SAYING.
UM, IF THERE'S NO OBJECTIONS SINCE I'M GOING TO GO AHEAD AND TAKE THOSE TOGETHER, UH, UM, DOES ANYONE THINK THAT'S OKAY, I'M GOING TO MOVE.
I'M GOING TO MOVE TO DENY THE RESTRICTION FOR CAR WASHES, AS WELL AS DENY BAR WITHOUT RESTAURANT IN CBD.
IT'S BEEN MOVED BY MYSELF, SECONDED BY COMMISSIONER JAMES.
SO, UM, IF THERE'S ANY DISCUSSION WE CAN DISCUSS, BUT WHEN WE DO VOTE, UM, A AND I WOULD BE TO DENY THOSE THINGS AND, AND IT WOULD BE TO NOT DENY THEM
[01:25:02]
CHAIR.MA'AM IF COMMISSIONER JAMES, IF YOU WOULD, MAYBE NOT SECOND, THIS MOTION SINCE YOU VOTED TO APPROVE.
UH, YES, PROBABLY MATERIAL PROCEDURE.
SO IT'S BEEN, UH, MOVED BY MYSELF, SECONDED BY COMMISSIONER, UH, SNYDER.
SO, UM, AS WE GO AHEAD AND DO THE ROLL CALL VOTE AGAIN.
NO, I KNOW I, I CALL GARAH I JAMES BY CHASE.
UM, WE WILL GO BACK TO ITEM NINE.
NOW, IS THERE ANY OTHER ITEMS WE WOULD LIKE TO DISCUSS IN A FUTURE AGENDA? OKAY.
[10. Staff Report]
WE WILL MOVE ON TO ITEM 10 STAFF REPORTS, 10 A STAFF REPORT BY WILLIAM ATKINSON, CITY PLANNER, MR. ATKINSON.UM, THE BIG THING IS WE'VE NOTICED THE COMP PLAN, UM, IN THE NEWSPAPER IS GOING TO BE PUBLISHED TOMORROW.
SO THE FULL REWRITE FOR THE CITY OF KYLE.
UM, SO WE'LL BE RE HOPEFULLY RECEIVING SOME, UH, INTERESTED PARTIES FOR THE RFQ, UH, BY THE END OF MARCH AND MOVING FORWARD, UH, WITH THE SELECTION OF THOSE AS PER THE RFQ.
SO, UM, WE NEXT WEEK, UM, WE HAVE OUR ENTRY-LEVEL PLANNER STARTING.
SHE'S GOING TO BE WORKING PART-TIME WITH US UNTIL SHE GRADUATED FROM TEXAS A AND M IN MAY WITH A MASTER'S IN URBAN PLANNING.
UH, SHE, UM, SHE'LL BE HERE ON WEDNESDAYS AND FRIDAYS AND THEN FOR P AND Z ON TUESDAY NIGHTS.
UM, BUT SHE'LL BE HELPING WITH, UH, ALSO WITH A COMP PLAN AMENDMENT, POSSIBLY A CODE AMENDMENTS FOLLOWING THAT.
UM, WE'RE EXCITED TO HAVE HER, SHE'S GOING TO BE, I, SHE, SHE'S A GREAT PERSON IN THE INTERVIEWING PROCESS.
WE ABSOLUTELY LOVED EVERYTHING ABOUT HER.
AND I'M ALSO EXCITED TO BE ABLE TO GIVE HER A LITTLE BIT OF MY WORK AS WELL.
SO, UM, BUT YEAH, SO WE'RE WORKING ON THAT.
UM, I'M GOING TO BE IN LOOKING AT, UM, UPDATING OUR LEGAL, NONCONFORMING CONFORMITIES CODE, UH, TO BETTER, TO MAKE, PROVIDE MORE CLARITY AND TO WHAT IS THE LEGAL NONCONFORMING USE.
WE'VE HAD A LOT OF DISCUSSION ABOUT THAT AT THE COUNCIL LEVEL LATELY.
UM, AND SO JUST FOR VARIOUS PROPERTIES AROUND THE, AROUND THE CITY.
AND SO IT'S, UH, IT NEEDS TO BE UPDATED.
LIKE I KNOW, I KNOW WHAT IT IS WHEN I'M, WHEN I SEE A LEGAL NONCONFORMITY, BUT THERE'S A LOT OF GRAY AREA IN OUR CODE TOO.
SO, UM, I DON'T HAVE A TIMELINE FOR THAT, BUT IT IS GOING TO HAPPEN.
WHAT ELSE? THOSE ARE THE BIG THREE THINGS I WAS THINKING OF.
I WAS CITY COUNCIL ON THE 22ND.
SO WE DO HAVE ONE PUBLIC HEARING THAT Y'ALL WILL HEAR FROM THE ZONING PERSPECTIVE FOR THE HILLSIDE TERRACE PROJECT THAT WAS JUST ANNEXED.
UM, AND THEN, UM, THE 22ND IS GOING TO BE A JOINT MEETING.
UH, IT'S GOING TO BE A WORKSHOP I BELIEVE.
UM, AND THAT WAY THERE'LL BE IDEAS DISCUSSED TO FIGURE OUT EXACTLY TO RIDE DIRECTION TO P AND Z, UM, AND COLLABORATION WITH COUNCIL GENERALLY.
SO ANYTHING ELSE, CHRIS? JASON, QUICK QUESTION.
WHERE ARE WE AT ON THE, UH, DIRECTOR ROLE? I'M STILL OPEN.
WE'RE STILL IT'S OPEN UNTIL FILLED.
UH, WE'VE BEEN INTERVIEWING APPLICANTS AND ARE LOOKING FOR THE PERFECT FIT.
WE JUST HAVE REALLY HIGH STANDARDS FOR WHOEVER'S COMING INTO THIS POSITION.
AND SO WE'RE JUST CONTINUING TO WORK THROUGH THAT PROCESS.
SO YOU'RE LOOKING FOR A UNICORN PRETTY MUCH.
IT'S BEEN MOTIONED BY COMMISSIONER SHITS.