May 10, 2022 Planning and Zoning Meeting

[00:00:01]

GOOD EVENING.

THE TIME IS SIX 30.

UH, TODAY'S TUESDAY,

[1. Call Meeting To Order]

I'D LIKE TO CALL US REGULARLY SCHEDULED PLANNING AND ZONING MEETING TO ORDER.

CAN WE HAVE A ROLL CALL PLEASE? TIMMINS MARTHA SNYDER PRESENT.

GARAH HERE.

MCCALL HERE, JAMES CHASE HERE.

THANK YOU.

WE HAVE A QUORUM.

UM,

[3. Minutes]

OKAY.

THANK YOU.

I HAVE A DISCUSSION.

OH YEAH, THERE'S AN ITEM ON THAT ON THE 4 26 AGENDA.

UM, FOR THE RECORD, I NEED TO SEE IF WE CAN GET THAT AMENDED.

UM, I RECOMMENDED THAT WE USE COMPOSTABLE MATERIALS FOR THE FOOD TRUCKS AND WHAT'S ON THERE IS COMBUSTIBLE, SO I DON'T REALLY WANT ANYBODY TO BURST INTO FLAMES WHEN THEY, WHEN THEY GET STUFF.

OKAY.

THANK YOU.

ARE YOU OKAY WITH ADJUSTING YOUR EMOTION TO THAT CHANGE? OKAY, THANK YOU.

UM, IT'S BEEN MOVED AND SECONDED THAT WE APPROVE THE MINUTES WITH THAT ONE CHANGE, UH, TO COMPOSTABLE.

UM, ANY OTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

NEXT ITEM FOR

[4. Citizen Comments]

AT THIS TIME, WE DO ASK ANY CITIZENS WHO WOULD LIKE TO SPEAK, UH, THAT THEY ARE ABLE, WE ASK THAT YOU FILL OUT A CITIZEN COMMENTS FORM AND THAT, UH, WHEN YOU DO COME UP TO THE DIET, WHEN YOU COME UP TO THE PODIUM THAT YOU LIMIT YOUR TIME TO THREE MINUTES AND YOU STATE YOUR NAME, UM, I DO HAVE A FORM ALREADY FOR MS. DIANA WOODS.

HI, MY NAME IS DIANA WOODS.

HOPEFULLY YOU CAN HEAR ME.

UM, I DID HAVE A EXTENDED EXPOSURE TO COVID ABOUT A WEEK AND A HALF AGO.

I HAVE TESTED NEGATIVE.

I'M HAPPY TO SAY, BUT, UH, UM, JUST, JUST NOT, UH, TYPHOID MARY TONIGHT.

UM, MY NAME IS DIANA WOODS.

I LIVE AT 1 25 TORY DRIVE, BUDA, TEXAS.

UM, I LIVE IN THE ETJ OF KYLE, UH, AND, UH, I AM WANTING TO TALK TO YOU TONIGHT ABOUT SOME EXTENDED DEVELOPMENT THAT'S HAPPENING, UH, SURREAL, COMPLETELY SURROUNDING MY PROPERTY.

I DO WANT TO EXPRESS CONCERNS TO THIS BODY, UH, AS THAT YOU ARE PLANNING AND ZONING COMMISSION IN PLAY IN PLANNING, UM, IN THE TWO DEVELOPMENTS THAT ARE, UH, TOGETHER.

UM, THERE IS A PLANNED REDWAY THAT IS WITHIN FEET OF MY SOUTHEASTERN, UH, MOST, UH, CORNER OF MY PROPERTY.

AND, UM, AT THIS JUNCTURE, AS FAR AS I KNOW TODAY, THERE IS NO PERMITTING YET FOR THIS SECTION OF SUFFIELD EXTENSION THAT WILL GO WITHIN FEET OF MY PROPERTY AT THE SOUTHWEST CORNER.

UM, ON APRIL 7TH, UM, A AGENT ACTING ON BEHALF OF THE, UH, BEAUTY MANSIONS PROPERTY DID CROSS MY FENCE DAMAGE IT AND INJECTED IRON STEAK ABOUT 20 FEET WITHIN TO MY PROPERTY.

UM, THEY DID NOT HAVE A PERMIT TO ENTRY.

I DO UNDERSTAND THAT THIS WAS NOT A CONFUSION OF THE MEETS AND BOUNDS.

AND, UH, I HAVE BEEN ASSURED BY THE DEVELOPER BEFORE YOU TONIGHT THAT THIS DOES NOT REPRESENT AN ALTERATION, THE PROPERTY LINES, UM, OR CON UH, MY CONCERN IS WITH THE ROADWAY ITSELF, UM, THIS SECTION OF ROADWAY.

UM, IF YOU LOOK AT MY ADDRESS, 1 25 TORY DRIVE ON THE, UM, CENTRAL APPRAISAL DISTRICT, AND YOU PUT IN THE LAYER OF FLOOD HAZARD, UH, YOU'LL IMMEDIATELY SEE WHAT MY CONCERNS WOULD BE, UH, IN THIS PARTICULAR AREA, ESPECIALLY WITH THE ROADWAY.

I, UH, DID ENGAGE A PROFESSIONAL ENGINEER WHO HAS LOOKED AT THIS AREA.

HE HAS DONE FLOOD PLAIN WORK IN THIS AREA.

AND THE CONCERN IS THAT THE ROADWAY IN ITS CON, UM, IT'S, UM, CURRENT CONFIGURATION WOULD CREATE A BACKFLOW ONTO MY PROPERTY AND TO MY NEIGHBOR'S PROPERTY.

AT THIS POINT HERE, I'M JUST REPRESENTING MYSELF.

AND, UH, I FALL BETWEEN TWO SIGNIFICANT FLOODING EVENTS THAT HAPPENED IN 2015.

AND, UM, THERE WERE MILLIONS OF GALLONS OF WATER THAT, UM, ALMOST FLOODED MY HOUSE AT THAT TIME.

UH, IF THERE IS A ROADWAY BUILT THAT CLOSE TO MY PROPERTY, I DO FEEL THAT THERE IS A SIGNIFICANT FLOOD HAZARD.

AND, UH, I WOULD APPRECIATE KNOWING THAT, UM, THIS BODY DID NOT GIVE ANY TYPE OF, UM, SUGGESTION OF PERMISSION FOR THE DEVELOPER TO MARK ANY RIGHT OF WAY

[00:05:01]

UH, WITHOUT MY PERMISSION, I WANT TO SAY JUST FOR THE RECORD, I AM NOT PETITIONING FOR ANNEXATION INTO THE CITY OF KYLE.

UM, AND, UH, I, UM, DIDN'T GIVE PERMISSION FOR ANY RIGHT OF WAY TO BE MARKED OUT IN CASE THERE WAS SOME KIND OF MISTAKE.

THANK YOU.

THANK YOU, MS. WOODS.

UM, THERE THAT'S ALL, ALL THE FORMS I HAVE.

NOW, IF ANYONE ELSE WOULD LIKE TO SPEAK TO YOU AND CITIZEN COMMENTS, YOU MAY COME UP NOW, JUST PLEASE STATE YOUR NAME AND FILL OUT A FORM.

WHEN YOU ARE ABLE JESSICA, I LIVE AT 27, 50 FM, 2001.

I'VE BEEN AT THIS MEETING BEFORE.

UH, I, THIS IS CONCERNING THE ZONING, UH, NUMBER SEVEN OF THE HILLSIDE TERRACE.

I DON'T HAVE A PROBLEM WITH THE ZONING.

I AM CONCERNED.

AND, AND I WANT TO SPEAK ABOUT EXACTLY WHAT THE WASTEWATER TREATMENT IS GOING TO BE FOR THIS AREA, WHETHER IT'S GOING TO BE ON SITE OR IT'S GOING TO BE SITE, WHAT THESE THINGS ARE GOING TO ENTAIL.

UH, RECENTLY I'VE HAD A DEVELOPMENT COME AROUND MY PROPERTY THAT HAS HAD WASTEWATER INSTALLED.

I KNOW THAT WE NEED WASTEWATER UTILITIES.

I UNDERSTAND THAT, BUT AT THE SAME TIME, UH, W WHAT IS GOING TO BE DONE WITH THAT PROPERTY, AS FAR AS WHERE THE WASTEWATER IS GOING TO GO, UH, ON MY BACK DECK, I LISTENED TO 55 DECIMALS OF BUZZING NOISE COMING FROM THIS WASTEWATER FACILITY BEHIND MY HOUSE CONSTANTLY.

NOW I UNDERSTAND THAT I I'M OKAY, BUT I DON'T WANT TO SEE MORE OF IT COMPOUNDED ON TOP OF THE SAME NOISE THAT I ALREADY HAVE.

THESE THINGS SHOULD BE CONTAINED.

WE CAN GET BETTER FACILITIES THAT CAN HAVE BETTER MUFFLERS, MAYBE A DIFFERENT KIND OF AIR SYSTEM THAT WILL REDUCE THE NOISE.

AND ON TOP OF THAT, THE PROPERTY THAT'S BEHIND MY HOUSE IS NOT MAINTAINED.

WELL, IT HAS SCRAP CEMENT, SCRAP ROCK, TALL WEEDS.

PEOPLE PULL ONTO THE PROPERTIES AND THEY, AND THEY SIT THERE AND DO WHAT IT IS THAT THEY WANT TO DO.

THIS ISN'T WHOLESOME ACTIVITIES.

I WALK UP TO MY FENCE LINE AND I STAND THERE AND STARE AT THEM FOR A SECOND.

AND THEY USUALLY START THEIR VEHICLE AND LEAVE.

THESE PROPERTIES NEED TO BE MAINTAINED BETTER.

AND THESE WASTEWATER FACILITIES NEED TO BE CONTROLLED AS FAR AS THEIR NOISE OUTPUT AND WHAT IS GOING TO BE MAINTAINED ON THE PROPERTY, WHETHER IT'S GOING TO BE SECURED, THERE'S THIS NOT GATED.

ANYONE CAN COME ON TO IT, WHICH IT WAS SUPPOSED TO BE A GREEN AREA.

I UNDERSTAND THAT IT'S NOT A GREEN AREA.

IT'S AN AREA WITH WEEDS AND ROCKS AND WASTEWATER FACILITY.

IT'S NOT SECURED.

SO I JUST ASK YOU TO THINK ABOUT THE ZONING THING, THE ZONING OF THIS AREA, TO MAKE SURE THAT THESE ARE MADE INTO GOOD NEIGHBORHOODS, THAT PEOPLE CAN YOU USE THE FACILITIES EFFECTIVELY.

THANK YOU.

THANK YOU.

IF THERE'S ANYONE ELSE WHO'D LIKE TO SPEAK TO ANY CITIZEN COMMENTS, YOU MAY COME UP NOW.

OKAY.

SEEING NONE, I WILL GO AND CLOSE.

CITIZEN COMMENTS.

CITIZEN COMMENTS IS NOW CLOSED.

I DON'T.

NUMBER FIVE,

[5. Executive Session]

CONSIDER IMPOSSIBLE ACTION ON A RECOMMENDATION TO CITY COUNCIL REGARDING OUR REQUEST BY, UH, CRYSTAL L HARRIS, P E OF BGE, INC Z DASH TWO TWO DASH 0 0 9 4 TO REZONE, APPROXIMATELY 87.694

[00:10:01]

UH, COMMERCIAL 11.677 ACRES FOR PROPERTY LOCATED AT 1, 1, 1, 1, AND 1, 1, 1, 3, ROLAND LANE AND HAYES COUNTY, TEXAS, EDWARD COASTAL, UH, EDWARD COST COST HER A BULLOCK JUNIOR ZONING DASH Z DASH TWO TWO DASH 0 0 9 4.

THE TIME IS SIX 40.

WE WILL GO INTO EXECUTIVE SESSION NOW.

OKAY.

THE TIME IS 6 59.

I WOULD LIKE TO CALL THIS MEETING BACK TO ORDER, UH, NEXT

[6. Consent]

NUMBER SIX, CONSENT AGENDA.

WE HAVE, UH, A THROUGH D MR. CHAIR.

YES.

MAKE A MOTION TO APPROVE CONSENT ITEMS A THROUGH D THANK YOU.

IT HAS BEEN MOVED BY COMMISSIONER CHASE.

SECOND AD BY SORRY.

I WAS TALKING TO OH, UH, COMMISSIONER TIMMINS.

IS THERE ANY DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION PASSES,

[7A. (Postponed 3/8/22) Consider and possible action on a recommendation to the City Council regarding a request by Jeffrey Howard of McLean & Howard LLP, to rezone approximately 259 acres of land from Agriculture 'A' to Planned Unit Development 'PUD' for property located at 5260 Hillside Terrace, in Hays County, Texas. (Hillside Terrace - Zoning - Z-21-0090)]

UM, THERE IS A PUBLIC HEARING ON THIS ITEM.

UM, IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON THIS ITEM, THEY CAN, I DO HAVE ONE FORM FILLED OUT FOR THIS ITEM.

UH, MS. DIANA WOODS.

MY NAME IS DIANA.

WAS THERE A LITTLE BIT, 1 25 TORY DRIVE, BUDA, TEXAS.

UM, I LIVE, UH, ADJACENT TO, UH, BOTH THE DEVELOPER THAT'S BEFORE YOU TONIGHT FOR RE UH, ZONING AND ALSO OF THE BUDA MANSIONS PROJECT, WHICH, UH, COME TOGETHER AT THE CORNER OF MY PROPERTY AT 1 25 TORY DRIVE.

UH, I EXPRESS ONLY IN THAT, IN YOUR ZONING ACTIONS WITH BOTH OF THESE PROPERTIES THAT YOU CONSIDER DENSITY IN FLOOD, PLAIN DEVELOPMENT, AND THAT YOU LOOK CLOSELY AT, UH, UH, THE DENSITY OF, OF, UM, DEVELOPMENT AROUND THE AREAS OF THE FLIP PLANE COMING IN FROM TWO BRANCHES OF FLOOD PLAIN.

UH, MY PARTICULAR PROPERTY HAD BINS TO BE IN THE Y OF THE TWO FLOOD PLAIN AREAS.

AND, UH, I, UH, WOULD, UH, ASK THAT YOU TAKE ALL THINGS INTO CONSIDERATION AND CONSIDERING ZONING FOR THESE PROPERTIES.

THANK YOU.

THAT'S THE ONLY FORM I HAD FOR THIS, UM, ITEM.

THERE WAS ANYONE ELSE WOULD LIKE TO SPEAK.

YOU MAY COME UP NOW AGAIN, PLEASE LIMIT YOUR TIME TO THREE MINUTES AND PLEASE FILL OUT A COMMENTS FORM.

OKAY.

UH, SEEING NONE, I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THIS ITEM.

UH, NEXT, MR. ATKINSON.

ALL RIGHT.

I'M GOING TO PULL IT, THE STAFF REPORT HERE REAL QUICK.

SO BEAR WITH ME JUST A MOMENT.

HERE WE GO.

I GOT A LOT OF TABS OPEN.

IT TOOK A WHILE TO FIND IT.

ALL RIGHT.

UH, WE'LL.

I CAN SEND FOR THE RECORD SENIOR PLANNER, UH, BEFORE YOU, WE HAVE PETITION NUMBER Z DASH 21

[00:15:01]

UH, AS A SIDE NOTE, THE REASON IT'S IN BUDA, TEXAS IS BECAUSE IT HAS THE ZIP CODE AND ZIP CODES DON'T NORMALLY, OR DON'T ALWAYS FOLLOW THE JURISDICTIONAL BOUNDARIES OF, UH, UH, MUNICIPALITIES.

SO IF SO, IF THERE'S ANY CONFUSION REGARDING, UH, THAT'S WHY THEY'RE WANTING TO REZONE APPROXIMATELY 259 ACRES FROM, UH, WHAT WILL THE AGRICULTURE TEMPORARILY TO PLAN UNIT DEVELOPMENT PORT A LARGE CHUNK OF IT'S GOING TO BE RNA, WHICH IS SINGLE FAMILY ATTACHED FOR THE ZONING.

UH, BUT WITH THE PUTT STANDARDS, IT'S GOING TO BE A DETACHED PRODUCT, UM, WITH A SMALL, A APPROXIMATELY A LITTLE OVER AN ACRE AND A HALF PORTION FOR RETAIL SERVICES IN THE MIDDLE OF THE PROJECT, UH, RIGHT HERE IS THE, UH, IF YOU CAN SEE IT THERE ON THE SCREEN IS THE BOUNDARIES OF THE ENTIRE PROJECT.

UM, AND IS SITTING ESSENTIALLY JUST TO THE NORTH AND ADJACENT TO THE SHADOW CREEK, UH, RESIDENTIAL SUBDIVISION.

UM, IT SWITCHED BETWEEN DCLA LANE AND FM 2001, AND THEN HILLSIDE TERRORISTS TO THE NORTH SO RNA, UH, FOR THOSE WHO ARE VISITING US TONIGHT, UM, IT IS A HIGHER DENSITY, SINGLE FAMILY DETACHED, UM, IN THIS CASE, RESIDENTIAL USE, AND YOU'RE LOOKING AT A LITTLE BIT SMALLER LOTS, UM, WITH A MINIMUM OF 1000 SQUARE FEET FOR THE GARAGES, UM, WITH HOUSING PRICES, THE WAY THEY ARE LAND PRESSES, THE WHERE THEY ARE RIGHT NOW, UM, TO MAKE PROJECTS WORK, TO PROVIDE MORE HOUSING, DEVELOPERS ARE GOING FOR SMALLER LOTS, BUT TO BE ABLE TO ACCOUNT FOR THAT, THEY HAVE TO HAVE THE WASTEWATER SERVICE, WHICH THEY'RE GOING TO BE PROVIDED THROUGH THE WINDY HILL.

UM, UTILITY DISTRICT AND WATER WILL BE PART OF GOFORTH SAID, UM, FROM A COMPREHENSIVE PLAN TEXT, A MAJORITY OF THE PROPERTY, AT LEAST THAT'S DEVELOPABLE IS IN THE TRANSITIONAL SETTLEMENT COMMUNITY, THE WESTERN EDGE OF IT'S IN THE HERITAGE COMMUNITY, BUT THAT ERIC, EXCUSE ME, THAT AREA IS PRIMARILY FLOODPLAIN.

SO IT'S NOT GOING TO BE DEVELOPED IN ANY APPRECIABLE MANNER, IF ANYTHING, IT WOULD BE MOSTLY, UH, UM, TURNED INTO MORE SIGNIFICANT DETENTION TO ACCOUNT FOR THE PROJECT.

UM, BOTH OF THE RNA AND THE R ARE ASSUMING DISTRICTS ARE IN MECCA, RECOMMENDED CONDITIONALLY IN THIS AREA, UM, BEING THAT IT'S SO FAR OUT IN OUR JURISDICTION TO THE NORTHEAST, UM, IT'S, IT'S HARD TO PUT A WAY WHENEVER WE DO THE CARPETS TO PLAY, IT WAS HARD TO FIGURE OUT EXACTLY HOW PLACES SHOULD TRANSITION.

SO WE LOOKED A LOT OF WIGGLE ROOM IN OUR COMP PLAN.

UM, AND IN MOST CASES, WHEN WE SAY ARE CONDITIONAL, IT IS BASED ON INFRASTRUCTURE OR PROPOSED INFRASTRUCTURE.

AND BECAUSE THEY HAVE THE ABILITY TO BE SERVICED BY WATER AND WASTEWATER, THEY'RE GOING TO BE BUILDING STREETS TO THE CITY STANDARDS.

THEY'RE GOING TO HAVE PARKLAND, THEY'RE GONNA BE BUILDING A PORTION OF THE VIBE TRAIL.

UM, ALL THOSE CONDITIONS PLUS MEETING THE CITY STANDARDS ARE BEING MET BECAUSE THEY'RE GOING TO BE ANNEXED.

AND SO, UH, THAT'S HOW WE LOOK AT IT.

UM, AS A PROJECT THAT'S BEEN BEING NEGOTIATED OUT FOR OMAR OVER ALMOST A YEAR, NOW THAT WE HAVE BEEN WORKING WITH THEM ON, BUT THAT THAT'S PRETTY MUCH IT.

UM, THE COMPREHENSIVE DESIGN OF THIS PROJECT.

UM, IT'S ONE OF THE, I SAY IT'S ONE OF, BUT WE HAVE SEVERAL PROJECTS GOING ON RIGHT NOW THAT THEY'RE GOING TO BE INCORPORATING THE VIBE TRAIL SYSTEM, BUT THIS ONE HAS ONE OF THE LONGEST STRETCHES THAT THEY'RE INCORPORATING IT FROM NORTH TO SOUTH ALONG THE DETENTION POND, WHERE YOU CAN TAKE A HIKE AND BIKE, A TRAIL AND EVERYTHING, AND TAKE A GOLF CART IF YOU WANT TO GO UP AND DOWN ON IT.

AND EVENTUALLY IT WILL TIE INTO THE CITY.

SO WE'RE PRETTY EXCITED ABOUT THAT.

UM, STAFF RECOMMENDS THE REZONING FROM AG, UM, TO PUD.

UM, AND WE ASK THAT Y'ALL RECOMMEND APPROVAL CONDITIONING THOUGH, THAT IT HAS TO BE FULLY ANNEXED BEFORE THE ZONING CAN OCCUR.

DO YOU ALL HAVE ANY QUESTIONS FOR ME? YES, I WAS JUST AT A, UM, CAN YOU SCROLL DOWN JUST A LITTLE BIT SO I COULD SEE WHAT THE, UH, I WANT TO SEE THE, WITH THE, THE STREETS WHEN WE TALKED ABOUT, COULD WE TALK ABOUT THAT FOR 40 FOOT WIDE, 50 FOOT WIDE AND PARKING? YES.

THE PARKING FOR THE RESIDENTIAL THERE.

YEAH.

GIVE ME ONE SECOND AND I WILL PULL UP THE CONCEPT PLAN.

YOU CAN GO AND ASK YOUR QUESTION THOUGH.

I JUST WANTED TO KNOW, IS THERE WILL BE PARKING BE ALLOWED ON BOTH SIDES OF THE STREET WHAT'S WITH THOSE KINDS OF WHIPS, HOW'S THAT GOING TO LOOK? AND SO IF, UH, IT COMES DOWN TO FIRE CODE.

GREAT.

SO FROM THE FIRE CODE PERSPECTIVE SLASH CITY, EVEN WE'RE TWO DIFFERENT ENTITIES,

[00:20:01]

IF THE STREET THAT THE RESIDENTIAL STREET FROM FACE OF CURB TO FACE THE CURB AS LESS THAN 32 FEET WIDE, SO LESS THAN 32 FEET WIDE TO PAVEMENT, YOU'RE LIMITING PARKING ON AT LEAST ONE SIDE OF THE STREET.

IF IT GETS BELOW 28 FEET IN FRONT FACE OF CURB TO FACE OF CURB, THERE'S NO PARKING ON THE STREET AT ALL.

NOW CITY CODE ALLOWS FOR A MINIMUM BY RIGHT OF 28 FEET.

SO IF THEY DO DECIDE TO BUILD TO THAT STANDARD, UM, THEN THEY WILL LIMIT PARKING TO ONE SIDE OF THE STREET.

AND IT'S TYPICALLY FROM A PRACTICAL PERSPECTIVE, THE SIDE OF THE STREET THAT THEY DON'T ALLOW YOU TO PARK ON IS WHERE THE FIRE HYDRANTS ARE.

AND THEY'LL EITHER STRIPE IT OR THEY'LL POST, UH, SIGNS, UH, WITH THE METAL POLES.

AND THAT'S THE METAL POLE WANTS TO CLI IS MORE TYPICAL.

UH, IT LASTS LONGER.

IT'S MORE ROBUST THAN A PAINTED CURB, WHICH FADES OUT AND IT MAKES IT MORE DIFFICULT TO SEE IF YOU CAN PARK THERE OR NOT.

SO THERE'S GOING TO BE ENOUGH ROOM FOR TWO FIRETRUCKS TO PASS PLUS PARKING, AT LEAST ON ONE SIDE.

OKAY.

AND I CAN THROW THE, UH, THE CONCEPT PLANE UP THERE IF YOU'D LIKE, AND THIS IS IN THE BACK OF MATERIALS.

WELL, YEAH, WHEN YOU, WHEN YOU, WHEN WE ADD DENSITY, UM, AND THERE ISN'T SUFFICIENT PARKING, IT'S A STRESSOR IN THE COMMUNITY.

ABSOLUTELY.

NOW, UM, FROM A PARKING RATIO STANDPOINT, IF YOU CAME WITH ME AND TALKING ABOUT THAT, UM, THEY ALL HAVE AT LEAST TWO PARKING SPACES, BUT FROM A PRACTICAL PERSPECTIVE, WHETHER IT'S ALLEY LOADED OR LOADED, THEY'RE REALLY GOING TO HAVE AT LEAST FOUR SPACES BECAUSE, UM, YOU HAVE TWO IN THE GARAGE AVAILABLE AND THEN, WELL, YOU HAVE TO ON THE PARK ON THE DRIVEWAY, JUST AS ANY HOUSE DOES.

AND THE CITY CODE, UH, FROM A DIMENSION STANDPOINT ON A PARKING STALL IS A NINE FEET WIDE AND 18 AND HALF FEET DEEP MINIMUM.

SO THERE WILL BE, UM, AT LEAST PER HOUSE BY ESSENTIALLY FOUR PARKING SPACES.

AND I'M GOOD WITH THAT.

PLUS SOME THE ON TREAT PARKING TOO.

RIGHT.

RIGHT.

AND THEN FOR GUESTS.

YEAH.

THAT'S GOOD.

ALL RIGHT.

THANK YOU.

AND THERE WAS, UM, THIS IS GOING TO TIE INTO THE WINDY HILL WASTEWATER IN THE SOUTHEAST.

OKAY.

TO, UH, IS THE DEVELOPER HERE TO YOUR KNOWLEDGE, IS THERE CAPACITY AT THE WINDY HILL WASTEWATER PLANT WITHOUT EXPANSION OR BUILDING MORE THERE? SO EXPANSION IS REQUIRED AND THEY'VE GOTTEN, THEY'RE DISCHARGED, PERMITS FROM TCEQ TO EXPAND THE PLANT THAT'S IN THE WORKS RIGHT NOW.

THEY'RE SUPPOSED TO BE STARTING CONSTRUCTION ON THAT.

THEY HAVE A PHASE EXPANSION PLAN.

UM, YOU KNOW, I WANTED TO ADDRESS MR. , UH, COMMENTS AND CONCERNS.

WE'VE DONE SOME, SOME NOISE STUDIES ON THAT PLANT AS WELL.

AND I KNOW FROM WORKING, UM, WITH WINDY HILL UTILITY AND SEEING SOME OF THE OTHER PLANTS THAT THEY'VE DONE IN THE AREA, ONE IS A PLUM CREEK UTILITY.

UM, IT'S THE SAME GROUP.

UM, THERE'S A NEW TYPE OF PLANT, UM, THAT IT'S CALLED MEMBRANE.

IT'S CALLED AN NBR PLANT, BUT IT'S QUIETER, IT'S CLEANER.

UM, AND THAT'S WHERE THEY'RE REPLACING THEIR CURRENT FACILITY AND EXPANDING TO IT AND THIS NEWER TECHNOLOGY FOR, FOR THAT PLAN.

OKAY.

SO WHAT YOU'RE SAYING IS THE REPLACING THE CURRENT ONE, THAT'S NOISY AS WELL, AND THEN DOING THE EXPANSION AND IT'LL ALL BE QUIETER, CORRECT.

IT SHOULD ALL BE AND CLEANER, CLEANER WATER.

UM, AND I'LL TALK TO THEM ABOUT, UM, THE ACCESS AND THE, THE MAINTENANCE THAT'S SOMETHING IS, IS DEVELOPERS AND HOME BUILDERS ARE SELLING THESE HOMES.

UM, WE WANT OUR NEIGHBORS AND OUR RESIDENTS TO HAVE, UM, ACCEPTABLE USES AND ACCEPTABLE NEIGHBORS, UM, AS WELL.

SO THAT'S SOMETHING THAT WE'RE GOING TO BE PUSHING FOR AND HOLDING THEM TO AS WELL.

GREAT.

THANK YOU.

YES, MA'AM.

THANK YOU.

ARE THERE ANY OTHER QUESTIONS FOR STAFF? OKAY.

THERE'S ANOTHER QUESTIONS FOR STAFF.

WELL, I GUESS THERE WAS SOME DISCUSSION ABOUT THE TRAFFIC ON THE ROAD TO WINDY HILL ROAD THAT MAY NOT HAVE THE NOT, MAY NOT BE IN GOOD ENOUGH CONDITION TO HANDLE THIS KIND OF CAPACITY.

OH, HILLSIDE TERRACE FIELD SITE TERRACE.

I'M SORRY.

THAT'S FINE.

UM, SO HILLSIDE TERRACE, THE EAST WEST ROAD ON THE NORTH END OF THE PROJECT FROM A JURISDICTIONAL STANDPOINT, IT'S SPLIT BETWEEN BOTH, UH, THE SAVE KYLE AND BUDA, UH, IF IT'S INSIDE THE CITY.

SO THAT MAKES IT VERY DIFFICULT TO, UM, FROM A MUNICIPAL JURISDICTION STANDPOINT TO UPGRADE THE ROAD, EVEN IF IT'S ON A TRANSPORTATION MASTER PLAN.

SO THERE THERE'LL PROBABLY BE DEDICATION AT RIGHT AWAY PER THE PER THE PORTER COUNTRY

[00:25:01]

ULTIMATELY IT'S JUST EASIER FROM A, FROM A WHO DOES WHAT, WHO BUILDS, WHAT, WHAT STANDARDS AND ALL THAT KIND OF STUFF.

SO, UM, ULTIMATELY IT'S GOING TO BE, IT'S GOING TO BE PROBABLY HAYES COUNTY THAT REBUILDS IT.

IF, IF HAYES COUNTY IS PART OF, UM, THE, UH, THE PLANS FOR PORTER COUNTRY REQUIRED THEM TO PUT IN SOME TURN LANES, THAT'S FINE.

UM, BUT IT'S ULTIMATELY UP TO HAYES COUNTY IN THAT CASE.

YEAH.

AND AS FAR AS THE DEVELOPERS ARE REQUIRED, AS FAR AS FLOODING AND, YOU KNOW, AND, UM, PERMEABLE GROUND AND EVERYTHING, WHAT ARE THE REQUIREMENTS FOR THEM WHEN THEY'RE DOING THEIR DEVELOPMENT, AS FAR AS NOT FLOODING ANOTHER PROPERTY IN THAT? SO THERE IT'S A, THERE'S TWO THINGS ACTUALLY.

SO FOR ONE AT THE STATE LEVEL, UM, WHENEVER YOU'RE DEVELOPING PROPERTY, IT'S ILLEGAL TO LET RUNOFF, UH, COME OFF THE SITE AND IN A GREATER RATE THAN WHAT IS ALREADY THERE IN ITS NATURAL STATE.

ON TOP OF THAT, UM, THE CITY OF KYLE HAS ACTUALLY ADOPTED IN THE ATLAS 14 RAINFALL TOTALS FOLLOWING HURRICANE HARVEY.

UH, AND SO THAT ADDS A FURTHER, UH, DIMENSION TO HOW ROBUST THEIR DETENTION HAS TO BE IN THEIR FOOT AND THEIR STORMWATER CONTROL, UH, THAT THE STATE DOES NOT REQUIRE NECESSARILY.

UM, SO THEY'RE GOING TO HAVE TO DO A LOT TO, TO MAKE THIS A PROJECT, BUT THEY'RE ALSO ACCOUNTING FOR IT IN A MANNER THAT WILL BE RELATIVELY CAUSE THEY GOT THAT, THAT LINEAR PARK, WHICH THERE, UH, AS PER OUR RESIDENTIAL STYLE GUIDE, YOU CAN, YOU CAN TOTALLY LIKE GET A TWO FOR THERE.

A TWO FOR ONE, UM, USE IT AS AN AMENITY, MAKE, PUT THE TRAIL SYSTEMS AND IT'S SOMETHING YOU CAN'T REALLY USE OTHERWISE AND MAKE IT A SPECIAL PLACE.

SO THANK YOU.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? OKAY.

WOULD ANYONE LIKE TO MAKE A MOTION? UM, I'LL GO AHEAD AND MOTION TO APPROVE ITEM SEVEN, A UM, AS WITH THE CONDITION ON FULL ANNEXATION SECOND.

OKAY.

IT'S BEEN MOVED BY MYSELF, SECONDED BY COMMISSIONER SNYDER.

IS THERE ANY DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

[7B. Consider and possible action on a recommendation to the City Council regarding a request by Kristal L. Harris, P.E. of BGE Inc., (Z-22-0094) to rezone approximately 87.694 acres of land from ‘A’ to ‘R-1-C’ (Residential Condominium, 30.565 acres), ‘R-1-3’ (Single Family Residential – 3, 26.322 acres), ‘R-1-2’ (Single Family Residential – 2, 19.130 acres) & ‘CC’ (Community Commercial, 11.677 acres) for property located at 1111 & 1113 Roland Lane, in Hays County, Texas. (Edward Coster Bullock Jr. - Zoning -Z-22-0094)]

BE CONSIDERING POSSIBLE.

ACTION ON RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST BY CRYSTAL L HARRIS, PE OF BGE, INC Z DASH TWO TWO DASH 0 0 9 4 TO REZONE APPROXIMATELY 87.694 ACRES OF LAND FROM A TO RONC RESIDENTIAL CONDOMINIUM 30.565 ACRES ARE ONE, THREE SINGLE FAMILY.

RESIDENTIAL 3 26 0.3 TO TWO ACRES ARE ONE, TWO SINGLE FAMILY, RESIDENTIAL TO 19.130 ACRES AND CC COMMUNITY COMMERCIAL 11.6 77 ACRES FOR PROPERTY LOCATED AT 1, 1, 1, 1, AND 1, 1, 1, 3 ROLL LANE IN HAYES COUNTY, TEXAS EDWARD KOSTER BULLOCK JR.

ZONING DASH C DASH TWO TWO DASH 0 9 4.

THERE IS A PUBLIC HEARING ON THIS ITEM AS WELL.

THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON THIS ITEM? YOU MAY COME UP NOW, PLEASE FILL OUT A FORM AND LIMIT YOUR TIME TO THREE MINUTES.

OKAY.

THING NOT.

I'M GOING TO GO AND CLOSE.

THE PUBLIC HEARING PUBLIC HEARING IS NOW CLOSED.

UH, MR. ATKINSON WILL, I CAN SEND FOR THE RECORD SENIOR PLANNER, UH, BEFORE YOU HAVE PETITION NUMBER Z 22 DASH 0 0 9 4, AS STATED IT IS A REZONING, UH, FROM WHAT WILL BE TEMPORARILY AG TO, UH, PARTLY RONC.

SOME OF IT ARE ONE-THREE ARE ONE-TWO COMMUNITY COMMERCIAL AND A CONTINUATION OF A PORTION OF IT IN AG.

ALL RIGHT.

SO RIGHT HERE.

SO JUST TO START IT OFF WITH, UM, UH, 1, 1, 1, AND 1, 1, 3, 1, 1, 1, 1, AND 1, 1, 1, 3 ROLLING LANE, UM, ARE A LITTLE BIT, UH, NORTHWEST OF, UH, THE INTERSECTION OF AND ROLAND LANE IN THE SOUTHWEST PORTION OF TOWN.

UM, THIS AREA HAS BEEN HISTORICALLY, UH, UNDERSERVED FROM A DEVELOPMENT STANDPOINT AND WASTEWATER PERSPECTIVE, WHICH IS WHY IT'S RELATIVELY UNDEVELOPED.

HOWEVER, UH, THE CITY'S, UM, SOUTH SIDE WASTEWATER PROJECT IS RAPIDLY CHANGING THAT, AND THAT'S ALMOST COMPLETE.

SO THERE'S GOING TO BE A LOT OF WASTEWATER SERVICE IN THIS AREA UP AND DOWN THE CORRIDOR.

AND SO BECAUSE OF THAT, IT MAKES IT MORE FEASIBLE FOR PROJECTS TO HAPPEN.

THEY MAY HAVE TO EXTEND STUFF OFFSITE FROM A WASTEWATER PERSPECTIVE, BUT THEY CAN DO IT.

SO, UM, THAT'S WHEN LAND

[00:30:01]

AND I APOLOGIZE FOR FORGETTING TO UPLOAD THAT TO THE, UM, TO THE AGENDA, UM, WHERE IT SAYS, IF YOU DO, ESSENTIALLY, IF YOU DO ANYTHING THAT VIOLATES THE TERMS OF THIS DEVELOPMENT AGREEMENT, YOU'RE GOING TO BE ANNEXED.

UM, AND THAT'S PRETTY EASY TO DO WITHOUT EVEN TRYING BECAUSE THE, THE, THE DEVELOPMENT AGREEMENT PRETTY MUCH SAYS YOU CAN CONTINUE YOUR AGRICULTURAL USES ONSITE, TIMBER PRODUCTION, LIVESTOCK GROWING CROPS, AND THAT'S REALLY IT, MAYBE A HOUSE.

UM, BUT IF YOU DO ANYTHING ELSE, YOU'RE GOING TO BE ANNEXED.

SO, UM, THE, THE BULLET FAMILY CAME TO US AND SAID, HEY, WE ARE INTERESTED IN SELLING IT AND, AND TO A DEVELOPER, AND LET'S START WORKING TOGETHER TO TRY TO FIGURE OUT WHAT THE CITY WOULD LIKE TO SEE THERE AND SEE IF IT MATCHES WHAT WE'RE TRYING TO DO AND, AND GO FROM THERE.

AND SO WE HAVE, UH, WE ARE WRAPPING UP A, A DEVELOPMENT AGREEMENT, MOSTLY FOCUSED ON INFRASTRUCTURE IMPROVEMENTS, UM, UH, PERIMETER FENCING ALONG ROLAND LANE FOR LIKE A FENCE SCREEN KINDA DEAL WHERE THE VIBE TRAILS COMING IN, IT WILL MENTION THE ZONING AS IS ALLOWED PER, UH, DEVELOPMENT ROOM IS COMING IN ON ANNEXATIONS.

UM, AND IT WILL, UH, ALSO INCLUDE A MASONRY STANDARDS ON THE HOMES AS WELL.

SO THAT WAY WE CAN, WE CAN CONTROL THAT FROM, UH, OTHERWISE IT WOULD REALLY HAVE A HARD TIME DOING IT PER THE STATE LAW.

SO, ANYWAY, SO RIGHT HERE IS THE, UH, THE LOCATION YOU CAN SEE IN THE NORTHEAST CORNER THERE, THE PARAMOUNT SUBDIVISION, WHICH IS UNDER CONSTRUCTION RIGHT NOW, I THINK A PHASE TWO IS WRAPPING UP, MAYBE PHASE THREE IS GOING ON RIGHT NOW.

UM, AND, UH, IT'S A LITTLE BIT HARDER TO SEE HERE, BUT THE IS A 26.3 ACRES.

UM, THE THE 19, THE RNC, WHICH HAS CONDOMINIUMS ZONING IS THE 30 ACRES TO THE NORTH.

AND, UH, AND THEN THE 11.7 ACRES ON THE NORTHWEST CORNER IS A WHERE THE COMMUNITY COMMERCIAL IS GOING TO BE.

UM, AND JUST FOR THOSE IN THE AUDIENCE, UM, ARE ONE, THREE IS A 50 FOOT WIDE, SINGLE FAMILY, RESIDENTIAL LOT ARE ONE TO 65.

AND THEN OUR ONE SEES A FLEXIBLE CONDOMINIUM ZONING, WHICH THAT ALLOWS ACTUALLY, UH, A SLEW OF, OF, UH, BUILDING TYPES.

BUT, UM, FROM A DEVELOPMENT STANDPOINT, THEY'RE GONNA BE, UM, MAKING SURE THAT IT'S, IT FITS IN WITH THE SURROUNDING AREA AS WELL.

THEY, THEY'RE NOT GOING TO GO TOO CRAZY.

SO, BUT IT'S ALSO, IT'S BECOMING RAPIDLY BECOMING A FAVORITE ZONING DISTRICT.

ACTUALLY, WE'RE SEEING IT MORE AND MORE SO AS, AS, AS Y'ALL KNOW, AGRICULTURE IS FOR, UM, FARMING RANCHING PASTORATES CAN HAVE A SINGLE FAMILY HOUSE ON IT.

YOU CAN HAVE A BARN ON IT, THAT KIND OF STUFF.

UM, AND WE'VE ALREADY EXPLAINED ALL THE SINGLE FAMILY RESIDENTIAL AND THE CONDOMINIUM COMMUNITY COMMERCIAL WAS, UH, WAS WE FIGURED IT WOULD BE A BETTER USE THAN RETAIL SERVICES BECAUSE THERE'S A, UM, ALSO A COMMERCIAL, UH, ARCHITECTURE COMPONENT TO IT.

IT ALSO HAS A LITTLE BIT, IT'S JUST A LITTLE BIT NICER AND A LITTLE BIT MORE ROBUST FROM A DEVELOPMENT STANDARD FROM THE CITY'S PERSPECTIVE THAN THE RETAIL SERVICES ZONING DISTRICT.

BUT IF, IF ADDS A NICE BUFFER BETWEEN ANY FUTURE, UH, ARTERIALS AND THE RESIDENTIAL AS WELL, WHICH WE'LL GET TO FROM A COMP PLAN PERSPECTIVE, THIS IS IN THE NEW SETTLEMENT COMMUNITY, AND THEN EVERYTHING ELSE IS CONDITIONAL FOR THE SAME REASONS AS THE PREVIOUS ITEM, IT ALL COMES DOWN TO, IS THE INFRASTRUCTURE THERE, OR WILL IT BE, IS AN IMMINENT? AND IN THIS CASE, THE ANSWER IS, YES, IT'S, IT'S, IT'S COMING IN, IT'S COMING RAPIDLY.

SO IT'S COMING DOWN THE PIPELINE.

AND SO THEY WANT MOST OF IT BEING RESIDENTIAL ON THE LIMITED COMMERCIAL IS IT'S ACTUALLY QUITE APPROPRIATE TO HAVE THIS IN THAT AREA IT'S RELATIVELY FLAT.

SO IT MAKES IT EASIER TO DEVELOP AS WELL.

ALL RIGHT.

SO, UM, THE REASON WHY THERE'S, UM, COMMERCIAL OVER THERE ON THE WEST EDGE OF THE PROPERTY IS BECAUSE THE PROJECT IS GOING TO, UH, BUT WHAT THE FUTURE ALIGNMENT FOR THE FM ONE 10 BYPASSES, THE BYPASS IS GOING TO CONNECT THE STUB AT YARRINGTON ON THE WESTERN EDGE, UH, AND GO ALL THE WAY UP AND HOOK TO THE, ON THE NEAR THE CURVE.

UH, JUST A WEST OF ARROYO RANCH ON FM ONE 50 WEST.

SO THERE'S GOING TO DO A KIND OF SNAKE THROUGH THAT WHOLE AREA, THROUGH THE BLINKER RIVER RANCH PROJECT AND ALL THAT.

THE COUNTY'S DESIGNING IT, IT'S IN DESIGN RIGHT NOW.

THEY'RE WRAPPING UP THE DESIGN.

AND SO WE KNOW WHERE THE ALIGNMENT IS GOING TO BE, AND THE IT'S IT'S WORTH HAVING COMMERCIAL RIGHT THERE ON THE HARD CORNER OR A STRIP OF IT.

ANYWAY.

SO YEAH, THEY, UM, THEY'RE, THEY'VE BEEN, UH, A WONDER TO, TO WORK WITH, UM, WE'RE, WE'RE EXCITED ABOUT THEM COMING INTO TOWN AND

[00:35:01]

WE'RE EXCITED.

SO WE, UH, WE ASKED THAT Y'ALL RECOMMEND APPROVAL UNDER CONDITIONS OF FULL ANNEXATION AS WELL, BECAUSE IT'S GOING TO BE WRAPPING UP NEXT WEEK WITH THE DEVELOPMENT AGREEMENT, THE ZONING AND THE ANNEXATION ALL ON THE SAME AGENDA AT CITY COUNCIL.

SO DO YOU HAVE ANY QUESTIONS FOR ME? THANK YOU.

ARE THERE ANY QUESTIONS FOR STAFF COMMERCIAL FACILITIES? I CAN GO FIND IT.

GIVE ME ONE MOMENT.

ALL RIGHT.

SO IN BULLET POINTS, YOU HAVE A MULTI-FAMILY ON THE SECOND FLOOR, AND IN THIS CASE IT'S GONNA BE RIGHT NEXT TO A SINGLE FAMILY OR DUPLEX RESIDENTIAL.

SO, UM, THEY CAN ONLY HAVE LIMITED MULTIFAMILY ON THE SECOND FLOOR.

THEY CAN'T GO ON UP TO THREE FLOORS.

UH, YOU CAN HAVE A BED AND BREAKFAST UP TO FIVE ROOMS. UH, YOU CAN HAVE SOME GENERAL RETAIL GENERAL SUNDRIES.

IF YOU WILL, A RESTAURANT, YOU CAN HAVE RELIGIOUS ASSEMBLY, ART GALLERY CHILDCARE CENTER, FIRE, OR POLICE STATION, PROFESSIONAL OFFICE, A FUNERAL HOME BARBER, OR BEAUTY SHOP A CONVENIENCE AND GROCERY STORE, A FUEL STATION, MAYBE, UM, DEPENDING ON OUR NEW CODE THAT JUST WENT INTO PLACE.

UM, BUT, UH, NURSING SLASH RETIREMENT HOMES, THE VETERINARIAN WITHOUT OUTDOOR BOARDING HEALTH AND FITNESS CENTER, A RESTAURANT WITH DRIVE-THROUGH, BUT IT'S LIMITED ON HOW YOU HAVE TO DESIGN IT OR IN A FINANCIAL INSTITUTION WITH REFEREE BANKING.

AND IF THEY'RE ABLE TO GET A CONVENIENCE STORE GAS STATION IN THERE, THEY ARE ALSO LIMITED TO HOW MANY PUMPS THEY CAN HAVE AS WELL.

BUT THAT'S TO BE DETERMINED, WE NOW HAVE A GEOGRAPHIC LIMITATION ON NON FUEL STATIONS.

SO IS THE RETAIL, UM, LIMITED IN SIZE? SO YOU DON'T GET THE BIGGER STORES? IS THAT THE POINT OF THE COMMUNITY COMMERCIAL AS OPPOSED TO RETAIL? YES.

THE FIRST FLOORS ARE LIMITED TO A MAXIMUM OF 15,000 SQUARE FEET PER BUILDING.

UH, IT ALSO PREVENTS CERTAIN USES FROM COMING IN THAT THAT WOULD BE A PART OF RETAIL SERVICES HAS, HAS A MUCH LONGER LIST AND THINGS THAT YOU MIGHT NOT WANT RIGHT NEXT TO THAT.

SO THE VISION THAT, YEAH.

GOOD.

ABSOLUTELY.

UM, ANY OTHER QUESTIONS FOR STEPH? I JUST WANT TO SAY I'M EXCITED TO SEE THE, UH, RESIDENTIAL CONDOMINIUM IN THE MIX, BECAUSE I THINK THAT'S A PIECE WE'VE BEEN MISSING IN KYLE, AND I THINK THAT'S GOING TO BE AFFORDABLE HOUSING FOR A LOT OF PEOPLE, ATTAINABLE HOUSING FOR PEOPLE.

THANK YOU.

IF THERE'S ONE OTHER QUESTIONS, UH, SOMEONE LIKE TO MAKE A MOTION, MR. CHAIR.

YES.

SO I'D MAKE A MOTION TO APPROVE ITEM SEVEN, BE CONTINGENT ON ANNEXATION SECOND.

OKAY.

THANK YOU.

IT'S BEEN MOTION BY COMMISSIONER CHASE TO APPROVE ITEMS SEVEN B CONDITIONAL ON FOR ANNEXATION SECONDED BY COMMISSIONER JAMES.

IS THERE ANY DISCUSSION ON THAT MOTION? OKAY.

UM, ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION PASSES,

[8A. Consider a request to construct a 2,911 square foot restaurant (on site dining and drive-thru), and site plan located within the I-35 overlay district. (Burger King - 22431 IH35 - Conditional Use Permit - CUP-22-0052)]

UH, CONSIDER IMPOSSIBLE ACTION.

EIGHT EIGHT CONSIDER REQUEST TO CONSTRUCT A 2,911 SQUARE FOOT RESTAURANT ONSITE DINING AND DRIVE-THROUGH AND SITE PLAN LOCATED WITHIN THE OVERLAY DISTRICT BURGER KING DASH 2 2 4 3 1.

CONDITIONAL USE PERMIT, C U P DASH TWO TWO DASH 0 0 5 2.

UH, MR. ATKINSON.

ALL RIGHT.

WE'LL ATKINSON FOR THE RECORDS.

SO YOUR PLANER, UH, SO BEFORE YOU, WE HAVE, AS Y'ALL, MOST OF Y'ALL ARE FAMILIAR WITH NOW, WE HAVE A CONDITION, TWO CONDITIONAL USE PERMITS THAT WE'RE CONSIDERING TONIGHT.

THE FIRST ONE IS THE BURGER KING THAT'S, UH, JUST ACROSS THE HIGHWAY.

THAT'S GOING TO BE THERE, UH, JUST NORTH OF STARBUCKS BETWEEN THAT AND AUTO ZONE.

I BELIEVE IT'S EITHER ON HIS OWN OR RILEY.

I ALWAYS GET MIXED.

UM, BUT IT'S GONNA BE RIGHT THERE ON THAT LAST PAD SITE, NOT FLANKING 35, AND THAT IS ZONED RETAIL SERVICES.

SO A RESTAURANT WITH DRIVE-THROUGH IS ALLOWED BY, RIGHT? THE ONLY THING THAT IS NOT ALLOWED BY RIGHT ARE THE ELEVATIONS, WHICH IS WHAT Y'ALL TAKE A LOOK AT AND CONSIDER.

SO, UM, RIGHT HERE IS THE LANDSCAPE PLAN.

WE ALWAYS LIKE TO HAVE THAT IN THERE AS BACKUP MATERIAL, UH, BECAUSE WE WANT TO SHOW YOU ALL THE LANDSCAPING AS A COMPLETE IDEA FROM, UH, FROM HOW THEY'RE PUTTING THINGS TOGETHER AND THE CIRCULATION THROUGH IT.

THEY'RE GOING TO PUT A SIDEWALK, A FLANKING 35 ON THERE.

UM, IT'S THE, THE LANDSCAPING EXCEEDS THE REQUIREMENTS.

SO WE'RE ALWAYS HAPPY WHEN THEY GO ABOVE AND BEYOND.

SO, SO THAT'S THAT.

[00:40:02]

BEAR WITH ME THE WRONG BUTTON.

THERE WE GO.

I'LL THROW THE, UH, THE ELEVATIONS UP ON THE SCREEN FOR YOU.

OKAY.

SO AS PART OF THE 35 OVERLAY, THE BIGGEST THING THAT YOU NEED TO BE AWARE OF, WHICH YOU ALMOST USUALLY KNOW IS A, WE HAVE A 90% MASONRY REQUIREMENT, AND THAT CAN BE BRICK STONE, A LITTLE BIT OF STUCCO OR, UM, CMU BLOCKS.

AND WHAT HAVE YOU THAT HAVE TO BE SPLIT FACED? UM, IN THIS CASE, A BURGER KINGS, UH, ELECTED TO GO THROUGH A, UM, A BRICK PATTERN, WHICH IS USUALLY A, UH, MORE OF A PREFERENCE FROM THE CITY STAFF PERSPECTIVE.

UM, THE, THE, THE RESTAURANT ITSELF IS A LITTLE BIT SMALLER, SO THEY HAVE AN APPROPRIATE AMOUNT OF, UM, ARTICULATION, VERTICALLY AND HORIZONTALLY.

UM, THEY HAVE THE EASILY EXCEED THE 90% RULE ON, ON THAT AS WELL.

IT'S A LITTLE BIT DARKER, MARBLE GRAY AND GLACIER WHITE FOR THE LIGHTER GRAY.

AND, UM, IT EXCEEDS THE INTENT AND THE REQUIREMENTS FOR THE OVERLAY, UM, THAT ALSO THE BACK OF MATERIAL, I'M NOT TO THROW IT UP ON THE SCREEN.

THERE'S ALSO THE DUMPSTER ENCLOSURE, WHICH MATCHES THE MATERIALS.

UM, BUT IT'S A DUMPSTER CLOSURE, RIGHT.

SO, UM, SO IT'S OUR RECOMMENDATION THAT YOU ALL APPROVE IT.

ANY QUESTIONS FOR ME? THANK YOU.

ARE THERE ANY QUESTIONS FOR STAFF? OKAY.

THERE'S NO QUESTION OR STAFF, WOULD ANYONE LIKE TO MAKE A MOTION PUSH AND DO A BIRD? OKAY.

IT'S BEEN MOVED BY COMMISSIONER MARTHA.

WOULD ANYONE LIKE TO SECOND, SECOND? OKAY.

SECONDED BY COMMISSIONER.

CHASE HAS BEEN, UH, MOTIONED AND SECONDED.

UH, IS THERE ANY DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

[8B. (Postponed 4/12/22) Consider a request to construct a combined total of 19,120 square feet of retail space, convenience store, fuel canopy and site plan located within the I-35 overlay district. (Amberwood Retail Center - 18915 IH-35 - Conditional Use Permit - CUP-22-0053)]

CONDITIONAL USE PERMIT, C U P DASH TWO TWO DASH 0 0 5 3.

UM, MR. ATKINSON.

ALL RIGHT.

SO, WELL, I CAN SEE WHERE THE RECORD SENIOR PLANNER.

SO THE LAST TIME WE MET, UM, THAT WE HAD BROUGHT THIS CONDITIONAL USE PERMIT FORWARD AND, UM, BETWEEN STAFF POSTING THE AGENDA ITEM AND Y'ALL MEETING, UM, WE JUST KEPT HAVING HEARTBURN ABOUT IT.

IF Y'ALL REMEMBER, UH, STAFF HAD HEARTBURN ABOUT IT, AND WHILE IT MET THE REQUIREMENTS OF THE RELATED DID NOT MEET THE INTENT FOR THE AMOUNT OF MASONRY SHOWN ON.

THERE WAS PRETTY MUCH ALL GLASS ON, ON BOTH BUILDINGS FACING .

AND SO WE WERE LOOKING FOR SOMETHING WITH A LITTLE BIT MORE ROBUST MASONRY REQUIREMENTS, ARCHITECTURALLY.

AND SO WE WORKED WITH, UM, THE APPLICANT AND, UH, CAME BACK AND THIS IS SIGNIFICANTLY BETTER.

AND WE ARE VERY HAPPY WITH IT FROM SAS PERSPECTIVE.

THIS IS BUILDING ONE, UM, THEY'VE, THEY'RE GONNA, THEY'VE GONE ABOVE AND BEYOND FROM OUR PERSPECTIVE.

AND I'LL THROW UP A BILLING TO HERE ON THE SCREEN.

HERE WE GO.

SO, UH, YOU CAN SEE, THEY GOT SOME, SOME PILLARS ARE PILE ASTERS.

THEY HAVE, THEY GOT A LOT OF ARCHITECTURAL FEATURES ON THERE THAT, THAT MAKE IT ABSOLUTELY MEET THE INTENT OF THE THREE TO FIVE OVERLAY, IN OUR OPINION.

UH, WE ARE VERY MUCH CONTENT WITH, UH, THE REVISIONS, EXCUSE ME.

AND STEPH ASKED THE PLANNING AND ZONING COMMISSION TO APPROVE IT.

OKAY, THANK YOU.

ARE THERE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION.

YES.

UM, WHERE THERE IS NOW THE MANUFACTURED BRICK ONE AND TWO.

IS THERE GOING TO BE, UM, SIGNAGE OR ANYTHING, ANY DETAILS THAT ARE GOING TO BE ON THAT, OR IS IT JUST GOING TO BE BRICK AS OPPOSED TO THE GLASS? THERE IS THE OPPORTUNITY FOR SIGNAGE TO BE ATTACHED TO IT.

UM, AND THEN I'LL LOOK, I'LL HAVE TO GO THROUGH THE REVIEW PROCESS WHEN IT COMES TO SIGNAGE AS WELL AT THIS TIME.

I DON'T THINK THEY'RE, THEY'RE READY TO PUT SIGNAGE ON THEIR RENDERINGS.

[00:45:02]

ANY OTHER QUESTIONS FOR STAFF? OKAY.

WOULD ANYONE LIKE TO MAKE A MOTION? MOTION TO APPROVE? OKAY.

IT'S BEEN MOTION BY COMMISSIONER MOTO SECONDED BY COMMISSIONER JAMES.

IS IT JAMES? OKAY, THANK YOU.

UM, IS THERE ANY DISCUSSION ON THAT MOTION? OKAY.

UM, ALL THOSE IN FAVOR, SAY AYE.

ALL IN FAVOR.

SAY AYE.

AYE.

ALL OPPOSED.

MOTION PASSES AND ITEM

[8C. Consider a request for approval of tree mitigation for the K50 project located at 1200 Roland Lane.]

MR. ATKINSON.

ALL RIGHT.

THIS WAS A FUN ONE, BUT IT'S A GOOD ONE AT THE SAME TIME.

ALL RIGHT.

SO, WELL, I CAN, SINCE YOU'RE PLAYING FOR THE RECORD, UM, THIS IS THE K 50 SUBDIVISION AS WE REFER TO IT AS, AND THEY HAVE A MARKETING NAME AND I, I HONESTLY JUST, I CAN'T REMEMBER IT, BUT IT'S, WE ALL KNOW IT INTERNALLY AS A K 57 DIVISION.

UH, THEY ENTERED INTO A DEVELOPMENT AGREEMENT WITH THE CITY, UH, SOMETIME BACK, UH, I BELIEVE IT WAS ATTACHED TO THE, UH, THE BACK OF MATERIAL WHERE, UM, THEY'RE ALLOWED TO BUILD, UM, A SUBDIVISION LAYOUT TO A CERTAIN STANDARD.

AND SO AS WE STARTED GOING THROUGH THE PROCESS, UM, THAT WE REALIZED THE DEVELOPMENT AGREEMENT DID NOT TAKE INTO ACCOUNT THE, UM, THE TREES ON SITE, WHICH WAS A SHORTCOMING OF THE CITIES.

UH, BUT IT IS WHAT IT IS.

SO NOW WE'RE HERE TO ACCOUNT FOR THAT AND GET Y'ALL AS BLESSING AND PERMISSION.

UM, W IN OUR TREE CODE, WE HAVE THREE TIERS FROM A PROTECTION STANDPOINT.

UM, IF YOU ARE DEVELOPING A PIECE OF PROPERTY, IF THE TREE, REGARDLESS OF THE SPECIES IS UNDER 12 INCHES IN CALIPER PER NZ STANDARDS, UH, YOU DO NOT NEED SPECIAL PERMISSION TO REMOVE IT.

UM, IF IT'S BETWEEN 12 AND 25 AND SH IS OF CALIBER, UM, YOU HAVE TO RECEIVE PERMISSION FROM THE PLANNING DEPARTMENT, AND IT'S USUALLY IN THE FORM OF A SITE DEVELOPMENT PARAMETER, SO DIVISION PERMIT, AND WHAT HAVE YOU TO REMOVE IT IF IT'S BETWEEN OVER IT'S 25 INCHES PLUS, UM, YOU HAVE TO HAVE PERMISSION FROM THE PLANNING AND ZONING COMMISSION BEFORE YOU CAN EVEN TOUCH IT.

UM, SO WE STARTED GOING THROUGH A SPREADSHEET, WHICH WE INCLUDED ALSO IN THE BACK OF MATERIAL.

AND WHAT HAVE YOU, UM, THEY'VE INCLUDED THE STREETSCAPE PLAIN AS WELL.

A LOT OF IT.

UM, SO THEY HAD TO GET THROUGH THE RESIDENTIAL STYLE GUIDE PROCESS, WHICH MEANS THEY HAD TO DO STREET TREES, WHICH ARE ALREADY REQUIRED.

SO THEY COULDN'T TAKE THE STREET TREES INTO ACCOUNT TOWARDS THEIR REPLACEMENT RATIO, WHICH IN TERMS OF THE TWENTY-FIVE INCH, PLUS CALIPER IS A TWO TO ONE RATIO, SO WHERE THEY COULD REPLACE IT ON SITE, THEY COULD.

AND SO THEY WERE PUTTING IT AS A BUFFER AROUND THE LIFT STATION FOR THE WASTEWATER.

THAT'S GOING TO BE SERVICING IT.

THEY PUT IN SOME OTHER KEY COMPONENT AREAS LIKE SOME POCKET PARKS AROUND SOME CUL-DE-SACS.

AND WHAT HAVE YOU, UH, ALONG MAIN STREET WHERE THERE'S THE SIDE YARDS, UM, ON THE, ON PLAYING SOUTH OF MAIN STREET, WHICH IS ACTUALLY THE EASTERN BOUNDARY OF IT.

THEY'RE GOING TO PUT SOME MORE TREES, BUT THEY CAN ONLY ACCOUNT FOR, AND I'M, I DON'T HAVE THE NUMBER OFF HAND.

THEY CAN ONLY ACCOUNT FOR, UM, A TOTAL OF 196 AND A HALF CALIBER INCHES ON SITE.

AND THE WAY OUR CHAPTER 54 READS IS WHEREVER YOU CAN'T ACCOUNT FOR THAT DIFFERENCE, YOU HAVE THE OPTION OF, UM, DONATING THE DIFFERENCE TO THE CITY OR THE PARKS DEPARTMENT REALLY, OR PAY THE VALUE OF IN LIEU OF, AND SO THAT LEAVES THEM WITH A LITTLE OVER 723 CALIBRATIONS, THEY NEED TO TAKE INTO ACCOUNT.

SO IN CONVERSATIONS WITH THE PARKS DEPARTMENT, THEY WOULD RATHER HAVE THE FUNDS BECAUSE THE FUNDS ALSO ALLOW FOR NOT JUST TREES, BUT ALSO THE MATERIALS TO PLANT THE TREES AND LABOR COST AS WELL.