* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. THE [00:00:01] TIME IS NOW SIX 30. [1.  Call Meeting To Order] I'M GOING TO BE CALLING THE OCTOBER 11TH, UH, PLANNING AND ZONING COMMISSION. MEETING TO ORDER. CAN I HAVE A ROLL CALL PLEASE? DELORE HERE. MARTHA. PRESENT. ANKIN PRESENT. CHASE. HERE. STL. HERE. JAMES. PRESENT. FIRST ITEM [3.  Minutes] IS ITEM THREE A MINUTES PLANNING AND ZONING COMMISSION MEETING MINUTES FOR SEPTEMBER 13TH, 2022. CAN I GET A MOTION? WITH A MOTION? AND WITH THAT WE APPROVE ITEM THREE, A SECOND NET. SECOND, UH, GOT A MOTION FROM COM. UH, COMMISSIONER JAMES SECOND BY COMMISSIONER MA. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. POST MOTION PASSES. NEXT ITEM FOR A CITIZEN COMMENT. PERIOD. UH, AT THIS TIME WE INVITE, UH, CITIZENS TO MAKE COMMENTS ON ANY ITEM ON THE AGENDA, ANY OTHER, UH, ITEM CONCERNING CITY BUSINESS. DO ASK THAT YOU LIMIT YOUR TIME TO THREE MINUTES. SEEING NONE, I WILL CLOSE THE CITIZEN COMMENT PERIOD. NEXT ITEM [A.  Recognition of Megan McCall for her years of service on the Planning and Zoning Commission.] IS FIVE, A PRESENTATION RECOGNITION OF MEGAN MCCALL FOR HER YEARS OF SERVICE ON THE PLANNING AND ZONING COMMISSION. MR. ATKINSON, WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD. I ACTUALLY MIGHT GET YOU TO COME UP HERE WITH ME. . UH, SO MEGAN, UH, AS A MEMBER OF OUR PLANNING AND ZONING COMMISSION FOR ABOUT FOUR YEARS, SHE'S DONE A LOT OF WORK. UM, WE'VE ENJOYED HER TIME. UM, AND, UH, SHE'S NO LONGER ON THE COMMISSION, BUT THAT'S OKAY. UM, BUT SO WE'RE HERE TO RECOGNIZE HER SERVICE. I REALLY DON'T HAVE A SPEECH THAT LAID OUT, BUT, BUT, UM, IF YOU WANT THE OPPORTUNITY TO SAY ANYTHING, YOU'RE MORE THAN WELCOME TO, BUT IT'S UP TO YOU. YEAH, I JUST WANNA SAY THANK YOU FOR THIS OPPORTUNITY. UM, YEAH, IT'S BEEN A GOOD FOUR YEARS TO LEARN AND GROW AND WATCH THE CITY GROW, AND I'M SUPER EXCITED THAT YOU'RE THE PLANNING DIRECTOR NOW AND SEEING HOW MUCH YOU'VE GROWN IN THE LAST FOUR YEARS, AND JUST EVERYONE WHO'S NEW HERE, UM, IT'S A REALLY GREAT OPPORTUNITY AND THANK YOU. THAT'S ABOUT AWESOME. AND I THINK, UH, WE HAVE A, A PLAQUE FOR HER AND, UM, WE CAN PROBABLY GET A PICTURE AND WE PROBABLY NEED HELP WITH SOMEONE TAKING A PICTURE, BUT, UM, BUT YEAH, WE ALL COME DOWN AT THE FRONT OF THE DIAS AND OKAY. HAVE IT PRESENTED AND EVERYTHING. THANK, SO TAKE A PICTURE WITH PRESENTING THE I THANK YOU AGAIN, MEGAN, ON BEHALF OF THE COMMISSION. THANK YOU. UH, NEXT ITEM [6.  Consent] IN THE AGENDA IS, UH, CONSENT ITEMS SIX A THROUGH F. UH, I WILL GO AHEAD AND MAKE THE MOTION. PART OF MY MOTION IS GONNA BE A CORRECTION TO ITEM SIX B. UH, SHOULD SAY PLUM CREEK PHASE TWO INSTEAD OF, UH, PLUM CREEK PHASE ONE. UM, SO THAT IS MY MOTION. CAN I GET A SEC IF I MAY INTERRUPT? UH, ALSO SIX C. IT SHOULD BE ALSO PHASE TWO. ALL AMEND TO INCLUDE SIX C AS WELL TO SAY PHASE PLUM CREEK, PHASE TWO, SECTION FIVE. CAN I GET A SECOND? SECOND? MOTION BY COMMISSIONER CHASE. SECOND BY COMMISSIONER JAMES. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. OPPOSED? HEARING NOW. MOTION PASSES. NEXT ITEM ON [A.   Consider and make a recommendation to City Council for a request by Connor Overby, P.E. (Z-22-0106) to rezone approximately 7.17 acres of land from ‘A’ (Agriculture) to ‘CC’ (Community Commercial) for property located on Lot 2, Block A of the Findley Subdivision, in Hays County, Texas.   Public Hearing Recommendation to City Council ] THE AGENDA IS ITEM SEVEN A, UH, ZONING CONSIDERATE AND MAKE A RECOMMENDATION TO CITY COUNCIL FOR A REQUEST BY CONNOR OVER B P Z [00:05:01] 2 2 0 1 0 6 TO REZONE APPROXIMATELY 7.17 ACRES OF LAND FROM A AGRICULTURE TO CC COMMUNITY COMMERCIAL FOR PROPERTY LOCATED ON LOT TWO BLOCK A OF THE FINLEY SUM DIVISION IN HAYES COUNTY, TEXAS. UH, THIS ITEM HAS A PUBLIC HEARING. WE WILL OPEN THE PUBLIC HEARING, AND FOR THE RECORD, UH, ALL COMMISSIONERS SHOULD HAVE IN FRONT OF THEM A, UM, A COMMENT FORM, UH, FILLED OUT BY ALTON AND DINA FRANK, UH, WHICH IS AN OPPOSITION TO THIS MATTER. I'LL BRIEFLY READ THE, THE OPPOSITION, UH, A RESIDENTIAL HOMESTEAD OF 35 YEARS BORDERS OF THE WEST SIDE OF THE PROJECT PROPERTY. BASED ON THE SIGNIFICANT OF THE PRO ZONING, UH, PROPOSED ZONING CHANGE, WE NEED ADDITIONAL TIME TO RESPOND TO THE REQUEST. IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK DURING THE PUBLIC HEARING? SEEING NINE, I WILL CLOSE THE PUBLIC HEARING HEARING. UH, SO, ALL RIGHT, UH, KAYLA SHARP CITY PLANNER FOR THE RECORD. UM, SO AS YOU CAN SEE, THIS PROPERTY IS LOCATED, UM, JUST OFF OF, UM, OLD STAGE COACH AND FM ONE 50. UM, IT DOES HAVE A RESIDENTIAL ZONING NEXT TO IT, FRONTING ONE 50, AND IT HAS, IT'S CURRENTLY UNDER CONSTRUCTION WITH A CON COMBINATION, CONVENIENT STORE, FUEL STATION, CAR WASH. UM, IT DOES HAVE SOME SURROUNDING RESIDENTIAL AREAS, HOWEVER, THE, UM, APPLICANT IS REQUESTING COMMUNITY COMMERCIAL ZONING, WHICH, UM, IS LESS INTENSIVE A USE THAN RETAIL SERVICES. AND THERE'S ALSO, UM, REQUIREMENTS FOR LIKE A 15 FOOT LANDSCAPE BUFFER BETWEEN ANY RESIDENTIAL USES. UM, AND SO IT REALLY TAKES INTO CONSIDERATION THE SURROUNDING COMMUNITY AND STAFF WILL ENSURE THAT ALL MEASURES ARE TAKEN TO ADDRESS THOSE, UM, ISSUES DURING THE SITE DEVELOPMENT PROCESS. AND THEN WE HAVE SOME OF THE REQUIREMENTS YOU CAN SEE ON THE SCREEN. UM, SO IT LIMITS THE HEIGHT AND, UM, TO A CERTAIN EXTENT, IT ALSO LIMITS THE USES. YOU'RE NOT GONNA HAVE A BIG BOX, YOU KNOW, TARGET OR HEB OR ANYTHING LIKE THAT OVER THERE. UM, MORE SO SMALL SHOPS, RESTAURANTS, THINGS LIKE THAT. UM, AND IT DOES ALIGN WITH THE CURRENT COMPREHENSIVE PLAN FOR THE AREA. IT IS IN ONE SECOND. IT IS IN THE MIDTOWN COMMUNITY, AND, UM, COMMUNITY COMMERCIAL IS A CONDITIONAL LAND USE DISTRICT FOR THIS AREA. IT AND STAFF RECOMMENDS THAT, UM, THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL OF THIS ITEM TO CITY COUNCIL. ANY QUESTIONS? ANY QUESTIONS FOR STAFF? YES, COMMISSIONER. HI, HOW ARE YOU? UM, ONE THING I WAS WONDERING WHILE I REVIEWED THIS WAS, IS THERE ANY INSIGHT INTO WHY COM COMMUNITY COMMERCIAL WAS THE REQUESTED ZONING AS OPPOSED TO NEIGHBORHOOD COMMERCIAL, WHICH IS A RECOMMENDED VERSUS A CONDITIONAL ZONING FORMAT? SO WE WOULD PROBABLY BE BETTER TO ANSWER THIS AND YOU CAN CHIME IN. UM, I KNOW THEY WERE ORIGINALLY DISCUSSING RETAIL SERVICES, AND THIS IS A STEP DOWN FROM THAT. OKAY. UM, AS TO NEIGHBORHOOD COMMERCIAL WILL DEFINITELY, UM, THE, THE BIGGEST REASON WAS, UM, NEIGHBORHOOD COMMERCIAL, UM, LIMITS THE AGGREGATE ACREAGE TO ONE ACRE MAXIMUM. AND THIS LOT IS ACTUALLY, IT EXCEEDS THAT. UM, SO IT WAS A, IT WAS A GOOD GO BETWEEN, FROM A REDUCTION OF ALLOWABLE USES AND ALLOWING TO HAVE A SIGNIFICANT LANDSCAPE BUFFER AGAINST THE RESIDENTIAL, WHICH IS NOT JUST GONNA BE FOR THE FRANKIE PROPERTY TO THE WEST, BUT ALSO THE, THE RESIDENTIAL PROPERTY FOR SAGE HOLLOW BEING BUILT RIGHT NOW TO THE NORTH ON THE BACKSIDE OF THIS PROPERTY. AND SO, UM, ALL, ALL THE DESIGN RESTRICTIONS THAT ARE BUILT INTO IT, ALONG WITH THE ACREAGE ROUTE REQUIREMENTS, UH, IT SEEM TO FIT IN VERY WELL. UM, TO ADDRESS MR. FRANKIE'S, UM, UM, OBJECTION TO THE, TO THE ZONING, UM, HE MADE A STATEMENT, UM, THAT HE DIDN'T HAVE ENOUGH TIME TO REVIEW AND WHAT HAVE YOU. I BELIEVE HE'S WAS REQUESTING A SITE DEVELOPMENT PERMIT, IF YOU WILL, WHICH IN THIS CASE WAS STRAY ZONING. THAT DOES NOT HAPPEN UNTIL AFTER THE ZONING IS, IS APPROVED BY COUNSEL. IT'S ONE OF THE SUCCESSIVE PERMITS. SO YOU GET YOUR ZONING IN PLACE, THEN YOU DO YOUR SUB WELL, SUBDIVISION'S [00:10:01] ALREADY DONE ACTUALLY. UM, SO THAT AFTER THE ZONING, THE NEXT STEP WILL BE A SITE DEVELOPMENT PERMIT. IT'LL BE A PUBLIC DOCUMENT. STAFF WILL REVIEW IT AND MAKE SURE THAT IT'S CO COMPLIANT AGAINST THIS CODE. AND IF MR. WILL BE HAPPY TO, BY ALL MEANS, AND, UM, TO COORDINATE WITH MR. FRANKIE SO HE SEES WHAT'S GOING ON, HE, HE WILL PROBABLY REACH OUT TO US, UM, QUITE, QUITE HONESTLY, AND WE'LL BE HAPPY TO SHARE IT WITH HIM. BUT WE ARE, WHEN THE APPLICANT CAME FORWARD WANTING TO REZONE IT TO COMMERCIAL POINT OF SALE COMMERCIAL, WHICH THIS IS, UH, WE MADE A POINT TO FOR THEM TO UNDERSTAND THAT, THAT WE HAD CONCERNS FOR THE ADJACENT RESIDENTIAL AND WE, WE ANTICIPATED THERE WAS GONNA BE SOME DISCUSSION BY THE ADJACENT RESIDENTIAL OWNERS AND THIS SEEMED TO BE THE BEST FIT. ANY OTHER QUESTIONS? YES. UM, I NOTICED IN THE STAFF REPORT THERE IS, UH, UNDER PERMITTED USES, THERE'S, UH, FUEL STATION WITH, UH, THE ASTERISK. IS THAT ASTERISKS THE THING THAT WE HAVE ALL TALKED ABOUT, ABOUT THE LIMITATION OR IS THERE A DIFFERENT, UM, SPECIAL OVER THING FOR THIS? SO WITH THE, UM, ORDINANCE THAT WAS PASSED IN MAY LIMITING THE LOCATION OF GAS STATIONS, AND GIVEN THE FACT THAT THIS ONE, THIS PROPERTY IS RIGHT NEXT TO A GAS STATION THAT'S CURRENTLY UNDER CONSTRUCTION, UM, A GAS STATION WOULD NOT BE ALLOWED TO BE CONSTRUCTED ON THIS SITE. JUST TO CLARIFY USE, UM, FOR THE NEIGHBORHOOD COMMERCIAL, THEY'RE NOT ALLOWED TO DO DRIVE THROUGH RESTAURANTS OR BANKS, BUT FOR COMMERCIAL COMMUNITY COMMERCIAL, THEY ARE ALLOWED TO DO DRIVE THROUGHS. AND I KNOW THIS SIDE OF ONE 50, UM, THEY DON'T HAVE ANY RESTAURANTS RIGHT NOW, BUT THE OTHER SIDE OF ONE 50, THAT ADJACENT CORNER BLOCK, THEY'RE GONNA HAVE TWO, TWO FAST FOOD RESTAURANTS. SO IT'S SOMETHING TO, TO THINK ABOUT. YEAH. AND THAT WILL COME IN THE SITE DEVELOPMENT PERMIT, THE ACTUAL INTENDED USES OF THE SITE. UM, IF, IF YOU DON'T MIND, UM, THE RESTAURANT WITH DRIVE THROUGH, THERE ARE, UH, CLARIFICATION REQUIREMENTS FOR THAT PERSPECTIVE. UM, WHERE IS, IT'S LIKE THE OPERATING HOURS AND THE LINE OF SIGHT AND LIGHTING AND STUFF? YEAH. YES, MA'AM. UM, THEY ALSO, THE DRIVE THROUGH FACILITY CANNOT BE WITHIN 75 FEET OF A RESIDENTIAL ZONED PROPERTY, SO IT'S BY DEFAULT, UM, THAT'S GOING TO PUSH IT A LITTLE BIT FORWARD OF THE SITE CLOSER TO THE ROAD. SO IT DOES PROVIDE A MORE OF A BUFFER ON TOP OF THE LANDSCAPING AS WELL THAT THE, UM, THAT THE DRIVE THROUGHS ARE ARE FURTHER AWAY FROM THE RESIDENTIAL SITE AS WELL. OKAY. DO YOU, DO YOU THINK THAT THAT'S ONE THING THAT THEY'RE GONNA BE PURSUING? I KNOW WE SAID THAT IT SAID I THINK TWO RESTAURANT, TWO OR THREE RESTAURANTS ON THE SITE. THERE'S A POSSIBILITY THERE COULD BE SOME, UH, WHEN, WHEN IT COMES TO STRAIGHT ZONING REQUESTS, UH, WE HAVE TO BE VERY CAREFUL THAT WE DON'T DELVE INTO THE, THE USE SIDE OF THINGS. OKAY. OTHER THAN JUST GENERALLY SAYING THESE USES ARE ALLOWED, UH, FOR STATE LAW, UHHUH , UM, THEY, THE ONLY TIME YOU CAN CONDITION A ZONING DISTRICT IS, UM, IS DURING THE, THE PLAN WITH A P U D. UH, BUT STAFF FELT THAT ALL THE OTHER SITE RESTRICTIONS AND WHAT HAVE YOU EFFECTIVELY PERFORMED THE JOB ADEQUATELY THAT WE WOULD ALREADY INCORPORATE IT INTO A P U D IF THEY WERE PURSUING, IF WE ASKED THEM TO PURSUE THAT. THIS, THIS ONLY DISTRICT IS VERY ROBUST COMPARED TO A LOT OF OUR OTHER ONES, WHICH ARE, THEY DON'T OFFER A LOT OF PROTECTIONS AGAINST THE ADJACENT RESIDENTIAL. OKAY. I DO HAVE ONE OTHER QUESTION AND THEN I'LL STOP. UM, SO I READ THAT THIS IS GOING TO BE ALONG THE VIBE TRAIL AND I SEE THAT THERE'S A VIBE SPOT, LIKE I GUESS IT'S SOUTH OF THE, OF THE PROPERTY. IS THE, IS THE VIBE TRAIL RUNNING ON THIS SIDE OR ON THE OTHER SIDE? IT WOULD BE THE OTHER SIDE. RIGHT. AND THIS WOULD, I THINK IT SAID IT WOULD INTEGRATE WITH IT. OKAY. THAT IS YET TO BE DETERMINED WHICH SIDE OF THE ROAD IS GOING TO BE ON, BUT IT IS GOING TO BE ADJACENT, IT'S GONNA BE A NEAR PROXIMITY TO IT. UM, THE, UH, OLD STAGE COACH ROAD ALIGNMENT REALIGNMENT WILL INCORPORATE THE VIBE TRAIL ON ONE SIDE WHEREVER IT'S MOST PRACTICAL, BUT THERE'S A MASSIVE OPPORTUNITY FOR THE, ANY DEVELOPMENT HAPPENING ALONG THE STRETCH TO INCORPORATE THAT, WHETHER IT BE TO DO A LITTLE SPUR OF THE VIBE TRAIL, UM, THEY HAVE AN OPPORTUNITY TO DO THAT. THERE'S A WASTEWATER LINE EASEMENT THAT BISEX THIS, THAT SERVES THE, THE GRAVITY WASTEWATER FOR SAGE HOLLOW TO THE, TO THE NORTH OF THEM BEHIND THAT PROPERTY. AND THE VIBE TRAIL, UM, WITHIN THAT PROPERTY ALIGNS ALMOST DIRECTLY ACROSS FROM IT. SO THERE'S AN OPPORTUNITY THERE TO FILL THE GAP. YEAH. ADDITIONALLY, THEY [00:15:01] COULD USE THE SPUR, UH, TO BRING PEOPLE IN WITH GOLF CARTS AND HAVE AN OPPORTUNITY TO, UH, ACCOUNT FOR A CERTAIN PERCENTAGE OF THEIR, THEIR PARKING SPACES TO BE GOLF CAR PARKING AS WELL. OKAY. THEY HAVE THE OPPORTUNITY. YEAH. THAT WAS ONE OF MY CONCERNS WAS IF THE, IF THE ROAD BOND GETS APPROVED NEXT MONTH BY THE VOTERS, UM, THAT RIGHT NOW IS SUPPOSED TO BECOME A FOUR LANE UNDIVIDED ROAD. AND I WAS THINKING, WELL, HOW ARE PEOPLE GOING TO REALLY CONNECT AND INTEGRATE WITH THE VIBE SPOT IF THEY'RE ON THE OTHER SIDE AND THEY HAVE TO CROSS FOUR LANES OF TRAFFIC, SO, OKAY. THAT'S GOOD. YES, AND A LOT OF THAT STUFF, UM, WE, WE, WE CATCH UP THE SITE DEVELOPMENT SIDE OF THINGS. OKAY. UM, THE, THE FUN PART OF, I SAY, I'LL SAY FUN IN QUOTATIONS, UM, ABOUT THIS ASPECT OF IT WITH, WITH THE BOND PROGRAM IS IT'S NOT IN PLACE YET. THE VOTERS HAVEN'T TAKEN IT TO, WE HAVEN'T TAKEN IT TO THE VOTERS YET FOR APPROVAL. THEY GOTTA VOTE, RIGHT? MM-HMM. . SO WE HAVE A 10% PLAN FOR THE REALIGNMENT OF OLD STAGE COACH ROAD, BUT THAT'S ALL WE HAVE. SO IT'S NOT EVEN A COMPLETE DOCUMENT YET. IT'S, IT'S ENOUGH TO GET A REALLY CONSERVATIVE ESTIMATE, WHICH IS GOOD ON THE COST OF WHAT THEY THINK IS GOING TO BE, AND THEY'VE BUILT IN INFLATION AND, AND OTHER, UH, COST INCREASES IN WHAT HAVE YOU IN THEIR ESTIMATES THE ENGINEERS HAVE, BUT IT'S STILL ONLY A 10%, UH, SCHEMATIC AT THIS TIME. SO AS IF THE BOND PASSES, THEN WE'LL BE STARTING TO MOVE FORWARD WITH THE PROJECTS OVER THE NEXT, THE, IT'S A 10 YEAR PLAN. UM, AND SO AS THE PLANS GET FURTHER REFINED, STAFF WILL BE COORDINATING THAT ASPECT OF IT OR PLANNING WILL. BUT, UM, THERE'S, THERE'S A MYRIAD OF, OF, OF TECHNICAL AND ENGINEERING THINGS THAT HAVE TO GO ON RELATED TO MAKING SURE THE ROAD IS UP TO, UP TO SPEC, WHICH ALSO INCLUDES, UM, UM, OR BIKE LANES. UH, STAGE COACH ROAD IS A, IS A, IF, IF YOU LOOK AT, UH, THERE'S A STRAVA APP. IF YOU LOOK AT, UM, THE HEAT MAP ON THERE, IT'S THE KEY CONNECTOR BETWEEN SAM, MARCUS AND AUSTIN FOR CYCLIST. NOW THAT MAY BE THE VIBE TRAIL ITSELF THAT THEY CAN USE, AND IT MAY BE, OR MAYBE A BIKE LANE SEPARATE FROM THE BIKE TRAIL. SO THERE'S A LOT OF, THERE, THERE ARE SOME UNKNOWNS RELATED TO OLD STAGE COACH ROAD, BUT WE'RE, WE'LL BE WORKING THROUGH THEM WITH THE BOND PASSING, SO. OKAY. THANK YOU. MM-HMM. , ANY OTHER QUESTIONS FOR STAFF? NOPE. ENTERTAIN A MOTION WITH A MOTION MISSIONER JAMES, UH, I MOVE THAT WE APPROVE ITEM SEVEN A SECOND. GOT A MOTION BY COMMISSIONER JAMES SECOND BY COMMISSIONER DEL LEROY DEL DELORE. I'LL GET IT. I PROMISE. UH, ANY DISCUSSION ON THAT MOTION? I, I JUST LIKE TO SAY THAT, UM, I DON'T, JUST LOOKING AT THE, THE LAND WHERE IT'S AT, I, I DON'T REALLY SEE ANY OTHER POTENTIAL USES OUT THERE, UM, OTHER THAN POSSIBLY A MULTI-FAMILY. UM, YOU KNOW, AND, AND YOU KNOW, THE ZONING I THINK MAKES SENSE FOR, FOR THIS LOCATION. ANY OTHER SUGGESTION? ALL THOSE IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? MOTION PASSES FIVE TO ONE. NEXT, [B.   Consider and make a recommendation to City Council for a request by Luis Granillo, P.E. (Z-22-0107) to rezone approximately 5.43 acres of land from ‘A’ (Agriculture) to ‘RS’ (Retail Services) for property located approximately 450 feet north of the intersection of IH-35 & Old Bridge Trail in Hays County, Texas.   Public Hearing Recommendation to City Council ] ITEM SEVEN B, CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL FOR A REQUEST BY LUIS GRA Z 2 2 0 1 0 7 TO REZONE APPROXIMATELY 5.43 ACRES OF LAND FROM A AGRICULTURE TO RS RETAIL SERVICES FOR PROPERTY LOCATED APPROXIMATELY 450 FEET NORTH OF THE INTERSECTION OF I 35 AND OLD BRIDGE TRAIL IN HAYES COUNTY, TEXAS. THIS ITEM HAS A PUBLIC HEARING. I WILL NOW OPEN THE PUBLIC HEARING. SO YOU KNOW PARTICIPANTS, I WILL CLOSE THE PUBLIC HEARING. KAYLA SHARP CITY PLANNER FOR THE RECORD. UM, SO THIS PROPERTY IS JUST ABOUT FIVE AND A HALF ACRES LOCATED ALONG THE I 35 FRONTAGE ROAD. UM, IT'S JUST NORTH OF, UM, LIKE THE HEB SHOPPING CENTER. IT'S CURRENTLY ZONED AGRICULTURE AND THEY'RE REQUESTING TO REZONE IT TO RETAIL SERVICES. UM, AGAIN, THIS IS JUST STRAIGHT ZONING, SO, UM, WE'RE NOT, UM, CONTEMPLATING INTENDED USES WITH THIS ONE. IT'S JUST RETAIL SERVICES. UM, AND [00:20:01] SO THIS IS, UM, SORRY, THE PROPERTY TO THE WEST IS ZONED WAREHOUSE, AND THEN TO THE SOUTH IS ALSO RETAIL SERVICES. UM, TO THE NORTH YOU HAVE SOME AGRICULTURE. AND THEN ACROSS I 35, IT IS A, UM, A PUT A PLANNED UNIT DEVELOPMENT, UM, WITH SOME RETAIL AND, UM, MULTI-FAMILY RESIDENTIAL. UM, THE COMP PLAN FOR THIS AREA, IT IS IN THE, I BELIEVE, SUPER REGIONAL NODE OR IS IT JUST REGIONAL? REGIONAL NODE, SORRY. UM, AND RETAIL SERVICES IS A RECOMMENDED USE FOR THIS AREA. UM, IT ALIGNS WITH THE COMPREHENSIVE PLAN AND, UM, GIVEN ITS LOCATION AS WELL, MAKES IT A GREAT PROPERTY FOR THE RETAIL SERVICES ZONING. UM, IT IS FULLY COMPLIANT WITH EVERYTHING THAT STAFF LOOKS AT FOR ZONING PERSPECTIVE. IT WILL ALSO TIE INTO THE VIBE TRAIL, UM, HOW IS STILL IN THE WORKS, BUT THE INTENTION IS THAT IT WILL TIE INTO THE VIBE AT THE KIND OF SOUTHERN EDGE OF THE PROPERTY. AND, UM, STAFF ASKS THAT THE PLANNING AND DONING COMMISSION RECOMMEND APPROVAL OF THIS ITEM TO COUNCIL THERE. ANY QUESTIONS? ANY QUESTIONS FOR STAFF? I HAVE ONE. OKAY. UM, SO THE ONE LANE BRIDGE THERE, CAN YOU JUST EXPLAIN FOR, FOR EVERYBODY IN ATTENDANCE, UH, THE SIGNIFIC OF THAT SIGNIFICANCE OF THAT BRIDGE AND, AND ANY POTENTIAL, UM, TRAFFIC IMPACTS? YES. SO, AND I'M GONNA HAVE WILL PROBABLY TAG IN ON THIS ONE AS WELL, BUT, UM, IT IS, UM, HISTORIC AND DOES HAVE, UM, SOME SPECIAL SIGNIFICANCE. BASICALLY THE CITY CAN'T TOUCH IT . UM, AND SO THAT WILL HAVE TO BE TAKEN INTO CONSIDERATION FOR ACCESS TO THE SITE ON THE WEST SIDE. UM, BUT AS FAR AS THE SIGNIFICANCE WILL, KNOWS THE HISTORY ABOUT THAT A LITTLE BETTER THAN I DO. THANK YOU. UM, THE REASON TO KNOW ABOUT THE HISTORY OF IT IS BECAUSE ONE TIME I HAPPENED TO LOOK IT UP, , SO IT'S THE ORIGINAL HAYES COUNTY CONCRETE BRIDGE, THE FIRST ONE IN HAYES COUNTY FROM THEIR LIKE 1915 OR SOMETHING THAT EFFECT. IT WAS THE ORIGINAL, THE ORIGINAL HIGHWAY THAT WENT FROM FORT WORTH DOWN TO SAN ANTONIO FOR THE POSTAL SERVICE. UM, AND SO IT'S, UM, IT'S THERE, THERE'S A MONUMENT THERE. IF YOU GO OUT THERE AND A LITTLE A PLACARD ON THE SIDE OF THE ROAD, IT IS A SINGLE LANE BRIDGE WE CAN DO, WE CAN PROBABLY MILL THE ASPHALT THAT'S OVER IT AND, AND REPLACE THAT. THAT'S LITERALLY ALL WE CAN DO, UH, WITHOUT HAVING TO GET THE, THE STATE INVOLVED IF WE NEED TO DO BRIDGE REPAIRS FOR WHATEVER REASON. SO, UM, THE REST OF KYLE CROSSING THOUGH, UM, IT DOES SHOW TO BE, TO BE WIDENED. UM, AND AS PROJECTS COME ALONG, WE DO, UM, ASK THEM TO DEDICATE RIGHT OF WAY IF IT'S NECESSARY PER THE TRANSPORTATION MASTER PLAN. UM, THIS, THIS SPECIFIC, UM, PARCEL, WHILE WE ARE NOT HAVING A SPECIFIC DISCUSSION ON, ON USES THAT THEY MAY OR MAY NOT WANT TO USE, UM, IT'S HAS DOUBLE FRONTAGE, SO THERE'S A OPPORTUNITY FOR TO HAVE A, A DRIVEWAY OR, OR TWO ON THE WEST SIDE. AND IF TEXTILE ALLOWS, UH, MULTIPLE DRIVEWAYS ON THE EAST SIDE, UH, THEY CAN HAVE THAT AS WELL. SO THERE'S, UH, IT WOULD BE DESIGNED APPROPRIATELY TO ACCOUNT FOR, UH, TRAFFIC MOVEMENT ALSO, LIKE, UH, APPROXIMATELY THREE LOTS TO THE NORTH. ONE OF THOSE LOTS WAS TRANSFERRED TO RIDEAWAY, UM, BACK IN, I DON'T KNOW WHEN IT WAS, I THINK IT WAS THIS CENTURY. UM, BUT IT'S A LITTLE CONNECTOR PIECE BETWEEN KYLE CROSSING AND, UH, I 35. SO FROM A FOR TRANSPORTATION STANDPOINT, EVEN THOUGH WE DO NEED TO BE CAREFUL ABOUT THAT HISTORIC BRIDGE, IT'S NOT A, IT'S, IT SHOULD BE FINE. THE SITE'S SMALL ENOUGH. IT'S, IT'S A LARGE, IT'S A SMALL FOR, FOR A DEVELOPMENT PERMITS PURPOSES. IT'S A SMALL SITE. THE, THE TRAFFIC GENERATION IS NOT GONNA BE, UM, EXTREME. IT'S NOT GONNA BE AN HEB CENTER. IT'S NOT GONNA, WELL I SAY HEB SUPER CENTER, NOT HEB CENTER, LIKE UP IN NORTH AUSTIN. UM, IT'S NOT GONNA BE, UH, A MULTI-FAMILY SITE. IT'S NOT GONNA BE A SINGLE FAMILY HOUSING, BUT IT WILL GENERATE IN SOME TRAFFIC, BUT IT'S GONNA BE DEPENDENT ON THESE SPECIFIC USES. UM, THIS AREA IS SLIGHTLY HIDDEN. IT DOES START SLOPING DOWN TO THE SOUTH TOWARDS THE CREEK. SO WHAT WHAT DOES HAPPEN THERE IS THEY'RE PROBABLY GONNA TRY TO MAKE IT A LITTLE BIT MORE VISIBLE FROM AN ARCHITECTURAL STANDPOINT, I ANTICIPATE, [00:25:01] UM, I I, I DON'T KNOW THAT FOR A FACT, BUT IT SEEMS TO MAKE SENSE. IF I WAS A DEVELOPER, THAT'S WHAT I WOULD DO. UM, BUT THEY WILL BE REQUIRED TO INTEGRATE INTO THE VIBE TRAIL TO THE SOUTH. IT'S NOT PART OF A VIBE SPOT, IF YOU WILL, OR A VIBE NODE, BUT THE TRAIL SYSTEM DOES GO THROUGH THE FLOOD PLAIN AT THE SOUTH END. UM, AS THE, UH, ADJACENT PROPERTY TO THE EAST. UM, THE, UH, BB PUD, THEY WILL NOT BUILD THE TRAIL IN THE FLOOD REGULATORY FLOOD WAY WHERE THE CHANNEL IS, BUT THEY ARE ALLOWED TO BUILD IT IN THE FLOOD PLAIN, SO IT'LL BE HIGHER UP. SO IN MOST, IN 98% OF THE CASES, IT'LL, IT'LL STAY DRY. UM, THAT'S PART OF CODE. SO IT'LL BE INTERESTING TO SEE THE, THE NEXT COMPONENT COME ONLINE. UM, I ASSUME THE ZONING GOES THROUGH AND WHAT HAVE YOU, BUT A, AS KAYLA SAID, IT'S, IT'S RETAIL SERVICES, IT'S HIGHWAY COMMERCIAL, UM, IT IS A SMALLER SITE, UM, SO IT'S PERFECTLY IN KEEPING WITH THE COMP PLAN AND WHAT HAVE YOU. AND, UM, THERE'S A, THERE'S A GOOD OPPORTUNITY HERE TO CONTINUE THE, THE VIBE TRAIL SYSTEM, EVEN IF IT'S, IT MAY BE LIKE A COUPLE HUNDRED FEET, BUT THAT'S STILL EVERY, EVERY LINKAGE COUNTS. SO ANY OTHER QUESTIONS FOR STAFF? NOPE. I'LL ENTERTAIN A MOTION. MOTION TO A ROOM SECOND. GOT A MOTION FROM COMMISSIONER ARMADA, SECOND FROM COMMISSIONER STEGEL. ANY DISCUSSION? NOPE. I'LL JUST SAY I, I WAS ORIGINALLY CONCERNED ABOUT TRAFFIC GOING DOWN THERE, UM, KNOWING THAT WE DON'T KNOW WHAT FUTURE DEVELOPMENT'S GONNA LOOK LIKE, ESPECIALLY ON, ON THE, ON THE, UH, WHAT IS THAT, THE WEST SIDE OF KYLE CROSSING. UM, BUT I HAVE FAITH THAT IF AND WHEN THAT, THAT LAND DOES HAVE SOME TYPE OF DEVELOPMENT ON IT WILL MAKE THE NECESSARY, UH, IMPROVEMENT. SO THAT ROAD EITHER BUILDING AROUND THE BRIDGE OR WHATEVER. SO, UH, AWESOME. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. WHAT STICKS WITH ME? NEXT ITEM IS SEVEN [C.   Consider and make a recommendation for a request by the City of Kyle (Z-22-0108) to rezone approximately 153 acres of land from ‘A’ (Agriculture) to ‘R-1-A’ (Single Family Attached), approximately 16.5 acres of land from ‘A’ (Agriculture) to ‘R-3-2’ (Multifamily Residential 2) and approximately 1.5 acres of land from ‘A’(Agriculture) to ‘RS’ (Retail Services) for property located between Opal Ln and Roland Ln, adjacent to the UPRR tracks, which includes all legally recorded lots in the final plats of Paramount Section 1, Paramount Section 2 & Opal Point at Kyle MF, in Hays County, Texas. This includes all the property contemplated in the “Development Agreement Between City of Kyle, Texas, and Intermandeco GP, LLC or Assigns”, dated August 10th, 2017.   Public Hearing Recommendation to City Council ] C. UH, CONSIDER AND MAKE A RECOMMENDATION FOR A REQUEST BY THE CITY OF KYLE Z 2 2 0 1 0 8 TO REZONE APPROXIMATELY 153 ACRES OF LAND FROM A AGRICULTURE TO R ONE, A SINGLE FAMILY ATTACHED APPROXIMATELY 16 AND A HALF ACRES OF LAND FROM A AGRICULTURE TO R THREE, TWO MULTIFAMILY RESIDENTIAL TWO, AND APPROXIMATELY 1.5 ACRES OF LAND FROM A AGRICULTURE TO RS RETAIL SERVICES FOR PROPERTY LOCATED BETWEEN OPAL LANE AND ROLAND LANE, ADJACENT TO U P R R TRACKS, UH, WHICH INCLUDES ALL LEGALLY RECORDED LOTS IN THE FINAL PLATS OF PARAMOUNT. SECTION ONE, PARAMOUNT SECTION TWO, AND OPAL POINT AT KYLE MF IN HAYES COUNTY, TEXAS. THIS INCLUDES ALL THE PROPERTY CONTEMPLATED IN THE DEVELOPMENT AGREEMENT BETWEEN CITY OF KYLE, TEXAS, AND INTER MANCO GP LLC R ASSIGNEE DATED AUGUST 10TH, 2017. THAT WAS A MOUTHFUL. UH, THIS ITEM HAS A PUBLIC HEARING. I'LL GO AHEAD AND OPEN THE PUBLIC HEARING. SO NO PARTICIPANTS, I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING. MR. ATKINSON, WILL ATKINSON FOR THE RECORD PLANNING DIRECTOR, I WANNA APOLOGIZE FOR THE MOUTHFUL OF READING YOU HAD TO DO THERE. UM, BUT IT WAS INTENTIONAL. UM, THIS ONE'S AN INTERESTING ZONING CASE. IT'S NOT A TYPICAL ONE AT ALL, BUT IT'S IMPORTANT THAT IT, IT HAS TO BE ADDRESSED AND WHAT HAVE YOU. SO I'LL GIVE YOU A LITTLE BIT OF BACKGROUND, UM, ON GENERAL, UM, PROJECTS THAT FROM THAT DEVELOP AND HOW WE GO THROUGH THAT PROCESS. AND THEN I'LL PROVIDE SOME BACKGROUND IN KIND OF WHAT IS TRANSFORMED FROM THIS PROJECT MOVING FORWARD. SO FREQUENTLY WE HAVE PROJECTS THAT ARE IN OUR EXTRATERRITORIAL JURISDICTION OR PROPERTIES THAT DEVELOPERS WANT TO DEVELOP. AND IN A LOT OF CASES, THEY HAVE ENTERED INTO WHAT ARE CALLED CHAPTER TWO 12 NON ANNEXATION DEVELOPMENT AGREEMENTS. AND WHAT THOSE DO, UM, IT'S TO HELP PRESERVE THE AGRICULTURAL STATUS OF LANDOWNERS, UM, THAT ARE USING THEIR PROPERTY FOR TIMBER PRODUCTION, UM, ROW CROPS OR MAYBE NOT EVEN ROW CROPS, JUST CROPS IN GENERAL, OR, UM, ANIMAL HUSBANDRY. SO AGRICULTURE USES, SO THAT WAY THE CITY HAS SHOWN THAT IT'S HAS INTENT TO ANNEX. BUT STATE LAW, A LOT OF THE CITY AND THE PROPERTY OWNERS TEND NEGOTIATE. SO THEY DON'T GET BROUGHT IN FOR A CERTAIN NUMBER OF YEARS INTO THE CITY LIMITS IF THEY PRESERVE THEIR AGRICULTURAL STATUS THAT WAY THEY HAVE LOWER TAXES, USUALLY AGRICULTURE TYPE USES PRODUCE SMALLER REVENUE STREAMS. AND SO THERE'S LOWER INCOME INVOLVED WITH THAT. [00:30:01] SO IT KEEPS IT AFFORDABLE AND EVERYBODY HAPPY AT THE TIME THAT THE LANDOWNER DECIDES TO SELL TO A DEVELOPER. THE DEVELOPER THEN COMES TO THE CITY AND SAY, HEY, WE HAVE A CONTRACT. WE ARE INTERESTED IN PURCHASING THIS PROPERTY. WE WANT TO DO A, B, AND C ON THIS PROPERTY. AND THEN SO WE START HAVING DISCUSSIONS WITH THEM ABOUT WHAT THEY CAN DO PER OUR COMPREHENSIVE PLAN AND THE USES ASSOCIATED WITH THAT. AND THEN TO GET TO YES ON THAT, THEY START NEGOTIATING WITH STAFF. UH, CITY COUNCIL SEES IT A FEW TIMES BACK IN EXECUTIVE SESSION AND THEY COME, EVERYBODY COMES TO A GENERAL AGREEMENT ON YOU WANT, YOU'RE GONNA BE ANNEXED, BUT THESE ARE THE USES YOU CAN HAVE, HERE ARE THE RESTRICTIONS ASSOCIATED WITH IT. AND WE'RE ABLE TO NEGOTIATE EVERYTHING DOWN TO THE T. SO THIS IS A PROJECT THAT HAS A DEVELOPMENT AGREEMENT IN TWO ADDENDUMS, BUT THE IMPORTANT THING THAT WE FOCUS ON IS THE SECTION 2.02 IN THE ORIGINAL AGREEMENT IT FOR STATE LAW. WE CAN NEGOTIATE THAT AND GET THIS PROJECT THAT WE ALL WANTED TO SEE. AND THIS WAS BACK IN 2017. IT WAS A YEAR AFTER I STARTED WORKING. SO IT WAS AN ENTRY LEVEL PLANNER. UM, SO WE HAD THIS PROJECT COME THROUGH AND IN 2.02 IT SAYS THE ZONING DISTRICTS ARE GONNA BE R ONE A, WHICH IS THE SINGLE FAMILY RESIDENTIAL ASSOCIATED WITH THIS PROJECT. IT'S GONNA, WHICH IS ABOUT 153 ACRES OR SO. IT'LL ALLOW FOR OUR MID-TIER MULTI-FAMILY OR APARTMENT, UH, DEVELOPMENT FOR ABOUT 16 AND A HALF ACRES. AND IT'S AROUND 21 UNABLE ACRE MAX, WHICH IS OUR THREE TWO. AND THEN IT ALLOWS FOR A ONE AND A HALF ACRE RETAIL SITE, UM, KIND OF WHICH BETWEEN THEM BOTH OF THE SINGLE FAMILY RESIDENTIAL AND THE APARTMENTS RIGHT ON OLE LANE. WHAT IT DID NOT STATE, WHICH IT TYPICALLY DOES IN MOST CASES IT DOES. AND WHEN STAFF REVIEWED IT, IT, IT GOT MISSED QUITE HONESTLY, I BELIEVE, WAS THAT THERE'S USUALLY A TIMEFRAME THEY HAVE TO APPLY FOR A ZONING FOLLOWING THE APPROVAL OF THE ANNEXATION AND DEVELOPMENT AGREEMENTS. SO WITHIN 90 DAY, IT'S TYPICAL, SAY WITHIN 90 DAYS YOU HAVE TO APPLY FOR THE ZONING THAT'S BEING INDICATED IN THE DEVELOPMENT AGREEMENT. IT DIDN'T SAY THAT THERE WAS NO TIMEFRAME. SO AS THE PROJECT STARTED ROLLING ALONG, THEY STARTED SUBMITTING THEIR SUBDIVISION PLANS, WHAT HAVE YOU. UM, WE STARTED APPROVING THEM AND WE WERE LIKE, HEY, YOU NEED TO START GETTING YOUR ZONING IN. IT'S, IT'S TWO YOUR ADVANTAGE. IT, IT DIDN'T HAPPEN. WE CHECKED WITH LEGAL, WE HAD NO ENFORCEMENT MECHANISM TO REQUIRE IT TO HAPPEN BY A CERTAIN TIMEFRAME. AND AS THE PROJECT KEEPS TRUCKING ALONG, THEY HAVE TWO OUT OF FOUR SECTIONS ALREADY RECORDED FOR PLAS, WHICH MEANS THEY'VE SOLD OFF A COUPLE HUNDRED LOTS OR ALMOST A COUPLE HUNDRED LOTS. IT'S SOMETHING CLOSE TO THAT, WHICH MEANS IT MAKES IT EVEN MORE DIFFICULT IF THE DEVELOPER APPLIES FOR ZONING TO THE SITE FOR THE OVERALL SITE BECAUSE THEN THEY HAVE TO GET TECHNICALLY THEIR PERMISSION FROM EVERY SINGLE LANDOWNER THEY'VE SOLD THE PROPERTY TO, WHICH SHOULD BE OVER A HUNDRED AND BETWEEN 115, 200 LANDOWNERS. AND THEY HAVE TO GET ALL THE INDIVIDUAL DOCUMENTS, LANDOWNER AUTHORIZATION FORM THAT YOU MAY HAVE SEEN IN THE PRECEDING TO, UM, ZONING REQUESTS. ALSO, IF, IF SOME OF THOSE ARE RENTALS THAT ARE OWNED BY A CORPORATION OR AN, OR A COMMERCIAL ENTITY, THEN THEY HAVE TO GET THE, UM, THE, THE COMPTROLLER DOCUMENTATION AS WELL. SO AS WE STARTED FIGURING OUT, HEY, WE REALLY NEED TO GET THIS RESOLVED BECAUSE WE'RE GETTING A LOT OF, STARTING TO GET A LOT OF PHONE CALLS FROM, UM, FROM, UH, LENDERS ASKING, SAYING, OKAY, HEY, THESE PEOPLE ARE TRYING TO SELL A LOT. THE ZONING IS NOT THERE. LIKE EVEN LENDERS WERE NOTICING THAT. USUALLY WE'LL GET A LETTER HERE AND THERE SAYING, HEY, CAN YOU CONFIRM THE ZONING? BUT WE WERE, WE'RE STARTING TO RECEIVE THOSE, RIGHT? SO THIS IS A WAY TO RESOLVE THIS. THE, THE CITY HAS POWERS GRANTED TO IT BY THE STATE. WE CAN UNILATERALLY ZONE PROPERTIES IF WE SO CHOOSE TO DO SO. WE GENERALLY DON'T, GENERALLY WE RELY ON THE REQUEST OF THE PROPERTY OWNER TO DO SO BECAUSE IT'S TYPICALLY FRAUGHT WITH LEGAL ISSUES. CUZ IF WE DECIDE, HEY, WE'RE GONNA ZONE A PROPERTY, WHATEVER, THEN THE LANDOWNER UNDERNEATH DOESN'T WANT IT TO HAPPEN, THERE'S GONNA BE A LOT OF FIGHTING GOING BACK AND FORTH. SO IT'S JUST USUALLY NOT THE SMART WAY TO GO. WE RELY ON DEVELOPMENT TO HAPPEN AND THE REQUESTS COME TO US AND THAT WE CONSIDER IT. AND THIS SPECIFIC CASE, IT'S EASIER TO GO THE OTHER WAY AROUND BECAUSE IF WE REACH OUT AND SAY WE'RE GOING TO ZONE THIS PROPERTY, THEN WE JUST, WE SIMPLY HAVE TO NOTIFY EVERY SINGLE LANDOWNER THAT'S ON THE TAX RULES ASSOCIATED WITH IT AND WE PROVIDE THE PROPER NOTIFICATION TIMEFRAME, 15 DAYS IN THE NEWSPAPER. WE SEND OUT LETTERS TO EVERY SINGLE PROPERTY PROPERTY OWNER. SO THEY ARE AWARE, UM, THIS IS SIMPLY A PROCEDURAL ZONING THAT'S ALREADY ALLOWED AND REQUIRED PER THE DEVELOPMENT AGREEMENT. WE ARE NOTHING ELSE IS CHANGING WITH A PROJECT THAT JUST PUTS THE ZONING IN PLACE. EVERYTHING THAT THE RESIDENTIAL USES CAN ALREADY HAVE THAT CAN KEEP DOING. THE DEVELOPMENT AGREEMENTS [00:35:01] FURTHER EXPOUND UPON WHAT THEY'RE ALLOWED TO DO FROM A DEVELOPMENT CODE THAT'S STILL IN PLACE. THIS IS SIMPLY DOTTING THE EYES, CROSSING THE T, PUTTING A PRETTY BOW ON IT, WRAPPING UP THE ZONING. UM, AND SO WE'RE JUST TRYING TO RESOLVE THAT. SO IT'S JUST THAT ONE ITEM TAKEN CARE OF. SO, UM, STAFF BELIEVES THAT IT'S APPROPRIATE TO DO SO AND IT NEEDS TO HAPPEN ANYWAY. SO WE'RE ASKING FOR Y'ALL TO, UH, RECOMMEND APPROVAL IN THE ZONING REQUEST. ANY QUESTIONS? THANK YOU MEL. ANY QUESTIONS FOR STAFF? WELL, THANK YOU. UM, THAT WAS A LOT . IT WAS, BUT IF I CAN SAY BACK TO YOU WHAT YOU SAID, UH, THE, THE CURRENT PLAN, THE PLANS THAT THE DEVELOPERS HAVE BEEN USING ARE ALL IN ACCORDANCE WITH OUR, UH, CITY PLANS AND, AND CURRENT, UM, RESTRICTIONS AND, AND STATUTES. IS THAT CORRECT? YES, SIR. THE, UH, THE PLANS THAT THEY'VE SUBMITTED FOLLOW THE, THE ZONING DISTRICTS THAT ARE IN THE DEVELOPMENT AGREEMENT. EVEN THE RESTRIC, THE FURTHER RESTRICTIONS IN THE DEVELOPMENT AGREEMENT ON TOP OF THAT. SO THERE'S CONCEPT PLANS ASSOCIATED WITH IT. THERE'S ROAD IMPROVEMENTS TO OPEN ROW AND LANE AS WELL. UM, THEY HAVE SOME OTHER REQUIREMENTS FOR LAING AND ALL THAT KIND OF STUFF INTERNALLY. UM, SO IT'S THEIR, THEY ARE FOLLOWING THE RULES. THERE'S JUST THIS, THIS ITEM THAT NEEDS TO GET TAKEN CARE OF AND SAY, WE CAN KEEP TRUCKING ALONG. SO THANKS. YES SIR, MR. SURE. JAMES, WHAT HAPPENS IF THIS DOESN'T PASS? THEY CAN KEEP DOING WHAT THEY'RE ALREADY DOING. HOWEVER, THE DEVELOPMENT AGREEMENT DOES SAY THEY NEED TO HAVE THE, THE ZONING IS NEEDS TO BE IN PLACE. SO, UM, IF IT DOES, IF THE, IF THE COMMISSION DOES NOT VOTE IN THE AFFIRMATIVE TO PAT MAKE THE RECOMMENDATION, THEN IT'LL, IT'LL HAVE TO COME BACK TO BE CONSIDERED AGAIN ANYWAY. SO, SO AS A FOLLOW UP, IF WE DON'T DEAL WITH THIS NOW, IT WILL, WE'LL HAVE TO DEAL WITH THIS LATER. YES. ANY OTHER QUESTIONS FOR STAFF? UM, SO NOT TO PLAY ECHO, BUT JUST TO MAKE IT PERFECTLY CLEAR, THERE ARE NO CHANGES. SO THE MULTI-FAMILY SITE IS NOT GETTING LARGER. THE RETAIL SERVICES SITES AREN'T GETTING LARGER. IT IS EXACTLY WHAT WAS LAID OUT IN THE DEVELOPMENT PLAN. IT'S JUST GOING THROUGH THE MOTIONS OF, OF GETTING THE ZONING IN PLACE. SO, UM, THEY CAN WORK WITH THE LENDERS AND, AND MOVE FORWARD WITH THE PROJECT. THAT'S ACCURATE. UH, THAT NO ACREAGE IS CHANGING, ANYTHING LIKE THAT. THIS IS JUST A FORMALITY. OKAY, NO OTHER QUESTIONS. I'LL ENTERTAIN A MOTION. MOTION TO APPROVE. SECOND. GOT A MOTION FROM COMMISSIONER MODEST SECOND BY COMMISSIONER JAMES. ANY DISCUSSION? ALL THOSE IN FAVOR? AYE. AYE. AYE. OPPOSED? MOTION PASSES. UH, NEXT [8.  General Discussion] STEP ITEM EIGHT, A GENERAL DISCUSSION, DISCUSSION ONLY REGARDING, UH, PLANNING AND ZONING REQUESTS FOR FUTURE AGENDA ITEMS. UH, SO WE HAVE A COUPLE NEW COMMISSIONERS. SO, UH, TYPICALLY AT THIS POINT, IF THERE'S ANYTHING YOU'D LIKE TO HAVE BROUGHT, UH, FORTH, UH, AT A FUTURE MEETING AT THE COMMISSION, THIS IS KIND OF YOUR TIME TO, TO CONNECT WITH STAFF AND LET 'EM KNOW WHAT YOU'D LIKE TO, TO DISCUSS. COMMISSIONER JAMES, UH, I HAVE TWO ITEMS TO ASK ABOUT. ONE OF THEM IS A FOLLOW UP FROM LAST TIME WHEN WE ASKED ABOUT THE MX D DO YOU HAVE ANY UPDATES ON, UM, WHETHER THAT WOULD BE, LIKE, IS THERE A TIMEFRAME FOR WHEN WE MIGHT SEE THAT? I DON'T HAVE ANY UPDATES. OKAY. TO BE HONEST, UM, WE HAVE A, YOU KNOW, EXPOUND UPON IT MORE ON OUR STAFF REPORT, BUT WE GOT THE, UH, THE STATE CONFERENCE COMING UP NEXT WEEK AND WE HAVE A COUPLE OTHER POTENTIAL, UM, CODE AMENDMENTS ALREADY BEING CONSIDERED FOR THE QUEUE, SO, UM, AND WE STILL NEED TO DISCUSS IT WITH ADMINISTRATION AS WELL. SO, BUT IT'S STILL ON MY LIST. OKAY. THANK YOU. UM, AND MY SECOND ITEM IS, UH, SEEING AS WE HAVE QUITE A FEW NEW FOLKS ON THAT, WE'RE ALSO DOING THE COMPREHENSIVE PLAN. UM, I WOULD LIKE TO SEE IN LIKE A FUTURE WORKSHOP, UH, KINDA LIKE A 1 0 1, UM, OF JUST GOING THROUGH THE CODE OF GOING THROUGH WHAT THE ZONING CODE IS, WHAT THE COMP PLAN IS, JUST KINDA GET EVERYBODY KIND OF BACK UP TO SPEED. UM, CAUSE WE'RE GONNA BE RUNNING THROUGH THIS PROCESS PRETTY FAST, IT'S GONNA FEEL LIKE FOR SOME OF OUR NEW FOLKS, JUST TO GET A BETTER UNDERSTANDING WHY WE HAVE THE COMP PLAN, WHAT IS IT, WHAT IT ENTAILS, JUST GENERALLY, UM, IS THIS, YEAH, THIS IS ON RIGHT. OKAY. UM, AND ALSO MAYBE EVEN EXPAND UPON THAT, IF I MAY, UM, HOW DEVELOPMENT HAPPENS IN TEXAS. [00:40:01] YEAH, I MEAN I WOULD, I WOULD ALSO SAY LIKE THAT WE ALSO HAVE THE FINAL APPROVAL FOR IT. SO IF WE DON'T, YOU KNOW, THE RAMIFICATIONS OF IF WE DON'T TAKE CARE OF IT, IT'S NOT GONNA GO TO CITY COUNCIL. YEAH, THAT'S FAIR. ANY OTHER ITEMS? NOPE. UH, NEXT [9.  Staff Report] ITEM NINE, A STAFF REPORT. MR. ATKINSON. THANK YOU. UM, I HAVE A COUPLE ITEMS. UH, AGAIN, WE HAVE, UH, PLANNING IN OR THE STATE CONFERENCE NEXT WEEK. YEAH. WE DON'T HAVE PLANNING AND ZONING NEXT WEEK. WE HAVE THE STATE CONFERENCE NEXT WEEK. UH, UH, MYSELF, KAYLA, DEBBIE, UH, AND THEN OUR INTERIM DIRECTOR OF ECONOMIC DEVELOPMENT. WE'RE ALL GOING FROM A STAFF PERSPECTIVE OUT TO EL PASO. A NUMBER OF Y'ALL ARE SIGNED UP. UM, I KNOW DEBBIE KNOWS WHAT'S UP, JAMES AND ? IS IT JUST BOTH OF Y'ALL? OH, AND UM, AND ALEX TOO, RIGHT? HE'S NOT GOING. ALEX IS GOING. HE'S HE IS, YEAH. OH, SO JUST THE THREE? YEAH. OKAY. AWESOME. SO I THINK IT'S GONNA BE A BLAST. I'VE NEVER BEEN TO EL PASO BEFORE, ACTUALLY. THAT'S INCORRECT. I WENT THIS SUMMER ON A ROAD TRIP COMING BACK, BUT I DIDN'T REALLY GO TO EL PASO AND JUST KIND OF SKIRTED IT. UM, IT'S A GREAT OPPORTUNITY TO, UH, LEARN A LOT ABOUT DEVELOPMENT, SPECIFICALLY DEVELOPMENT IN TEXAS AND HOW THE PROCESS WORKS. UM, THERE'S A, THERE'S AT EVERY SINGLE STATE CONFERENCE THAT I'VE BEEN TO, THERE'S BEEN A, BEEN A CHANCE FOR, THEY HAVE LIKE NEW COMMISSIONER AND ELECTED OFFICIAL TRAINING. SO JUST THE BASICS. THERE'S A, THERE'S A REALLY GOOD PROGRAM THEY HAVE FOR THAT, THAT SPECIFICALLY FOR TEXAS. UM, AND THEN, UH, BUT THERE'S SO MANY DIFFERENT DIVERSE SESSIONS YOU CAN GO TO. UM, YOU GET A AWESOME OPPORTUNITY TO DO A LOT OF LEARNING AND JUST GET TO MINGLE WITH PEOPLE FROM DIFFERENT CITIES AND DIFFERENT COMMUNITIES AND FIGURE, KIND OF LEARN WHAT THEY'RE DOING, UM, IN THE PLANNING FIELD AND DEVELOPMENT AND ALL THAT. UM, IT'S JUST, IT'S A FANTASTIC TIME. SO WE'RE REALLY EXCITED TO GO. WE'RE REALLY EXCITED THAT Y'ALL ARE ABLE TO MAKE IT. UM, WE ALSO HAVE, UH, YOU'VE ALREADY SEEN ALL, YOU'VE SEEN THE EMAIL, THE GROUP EMAIL, AND I APPRECIATE Y'ALL NOT RESPONDING, UM, AS A GROUP, UM, FOR QUORUM LAW. UM, BUT UM, WE HAVE A, WE'RE MOVING THE SEPTEMBER, WHAT WOULD BE THE OCTOBER, THANK YOU, UH, 25TH MEETING ON, THAT'S ON A TUESDAY TOO. THAT THURSDAY EVENING. UH, THAT'S WHEN WE WERE ABLE TO SCHEDULE OUR FIRST KICKOFF, REAL KICKOFF MEETING WITH Y'ALL. THAT IS A PLANNING AND ZONE COMMISSION FOR OUR NEW COMPLAN. WE'RE ABOUT TO REALLY START DELVING INTO FOR THE NEXT 12 TO 14 MONTHS. UM, WE ARE COMPLETELY REWRITING IT FOR WHAT, HOW WE EXPECT DEVELOPMENT TO HAPPEN IN THE CITY WHERE IT'S SUPPOSED TO HAPPEN, TYPES OF DEVELOPMENT AND WHAT HAVE YOU. A BIG PICTURE. UM, AND SO, UM, WHEN WE, WHEN COUNCIL APPROVED THE CONTRACT FOR THE VIRGINITY GROUP, WHO'S OUR COMP PLAN THIRD PARTY GROUP, UH, THEY EX THEY, THEY MADE THE STATEMENT THAT THEY WANT Y'ALL AS THE PLANNING AND ZING COMMISSION TO BE THE CITIZEN COMMITTEE PUTTING IT TOGETHER, UM, AND, AND, AND HELPING PROCESS IT AND TO BE ABLE TO TAKE TO THEM. SO, UM, SO THAT'S WHAT WE'RE DOING ON THE THURSDAY INSTEAD BECAUSE THEY, THEY HAVE THREE OR FOUR DIFFERENT OTHER CONTRACTS RELATED TO COMP PLANS RIGHT NOW. AND SO WE WERE ABLE TO TRY TO DO TO TRYING TO GET THE FIRST KICKOFF MEETING IN PLACE AND TRYING TO GET AS CLOSE TO TUESDAY AS POSSIBLE. UM, BUT SO THAT WAS, THAT WAS THE RESULT OF IT WAS THE THURSDAY. SO I APPRECIATE Y'ALL THAT WE RESPONDED. UM, I HOPE WE CAN DO A, WE WERE ABLE TO DO A HUNDRED PERCENT ATTENDANCE, BUT I ALSO UNDERSTAND IT IF ONE OR TWO PEOPLE ARE NOT ABLE TO MAKE IT. UM, BUT UM, SO THAT'S THAT. I THINK THAT'S REALLY THE ONLY TWO ITEMS I HAD. DO YOU HAVE ANY, OH, IN NOVEMBER 8TH? NOVEMBER 8TH IS ELECTION DAY. SO IT'S ALSO A TUESDAY AND IT WOULD BE, AND IT'S THE PLANNING AND ZONING COMMISSION. UM, WE ARE WORKING THROUGH THAT NIGHT TRYING TO FIGURE OUT EXACTLY WHAT NEEDS TO HAPPEN, WHETHER WE CAN JUST KEEP THIS, UH, PARTITION CLOSED CUZ IT'S, THE VOTING HAPPENS IN THE FALCON ROOM RIGHT THERE. WE JUST NEED TO MAKE SURE WE'RE WORKING THROUGH THAT. THERE'S A POSSIBILITY IT MAY NEED TO BE MOVED BY A DAY AS WELL. UM, I, AND IF IT DOES NEED TO BE MOVED, IT'LL PROBABLY BE A WEDNESDAY. AND IF THEY, THEY HAVE CONCERNS OF VOTING BECAUSE EARLY VOTING GOES THROUGH THE WEEK, UP TO THE WEEKEND, I BELIEVE I UNDERSTAND IT CORRECTLY. AND THEN THEY, THEY STILL TO KEEP, MAKE SURE EVERYTHING'S SECURE. SO UP UNTIL ACTUAL VOTING DAY. SO, UH, WE'LL LET Y'ALL KNOW WHEN WE'VE FIGURED THAT OUT. I'M HOPING WE CAN JUST HAVE THE MEETING ON THE NORMAL NIGHT AND IT'S NOT GONNA BE A SECURITY RISK AND I HOPE EVERYBODY'S OKAY WITH THAT FROM THE ELECTION GROUPS. SO, BUT, UM, BUT WE'LL LET YOU KNOW AS SOON AS WE GET THAT FIGURED OUT, WHICH YOU'LL BE RELATIVELY QUICKLY. THANK YOU FOR REMINDING ME. UM, THAT'S REALLY IT TO BE PERFECTLY HONEST. ALL RIGHT, THANK YOU. UH, ITEM 10, ADJOURNMENT. I WILL MAKE [00:45:01] A MOTION TO ADJOURN. SECOND MOTION BY COMMISSIONER CHASE, SECOND BY COMMISSIONER JAMES. ALL THIS IN FAVOR SAY AYE. AYE. AYE POSED HEARING NONE, BJOURN. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.