Nov 08, 2022 Planning and Zoning Meeting

ITEM NUMBER FOUR, CITIZEN COMMENTS.

ALL OPPOSED.

MOTION PASSES.

[4. Citizen Comments]

AT THIS TIME, THERE ARE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK.

YOU ARE INVITED TO DO SO NOW.

SEEING NONE, I WILL CLOSE.

CITIZEN COMMENTS, CITIZEN COMMENTS IS NOW CLOSED OUT

[A.

Executive Session pursuant to Texas Local Government Code section 551.071 Consultation with Attorney regarding procedural matters related to:

Crosswinds Subdivision Phase 6A - Final Plat (SUB-21-0224) 26.232 acres; 117 single-family lots, 1 commercial lot and 5 public utility lots located on the southeast corner of Windy Hill Road and Crosswinds Parkway.

Consider and possible action on a recommendation to City Council regarding a request by Al Carroll, P.E. to rezone approximately 4.01 acres of land from Agriculture 'A' to Retail Service District 'RS' for property located at 23451 IH-35 in Hays County, Texas. (Winn Family Limited Partnership - Z-22-0109).

Consider a request to construct approximately 5,550 square foot restaurant building located within the I-35 overlay district. (Tony C's Pizza & Beer Garden - 2344 Kohler's Crossing - CUP-22-0069)

Consider a request to remodel the existing Kohl's Store structure by painting a portion of the front facade for property located within the I-35 overlay district. (Kohl's/Sephora Remodel - 20185 Marketplace Avenue - CUP-22-0071)

Consider a request to construct an approximately 56,345 square feet retail store for property located within the I-35 overlay district. (Academy Sports & Outdoors - 5755 Kyle Parkway - CUP-22-0066)

]

OF NUMBER FIVE.

EXECUTIVE SESSION FIVE.

A EXECUTIVE SESSION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 5 5 1 0 7 1.

CONSULTATION WITH ATTORNEY REGARDING PROCEDURAL MATTERS RELATED TO CROSSWIND SUBDIVISION PHASE SIX, A FINAL PLAT SUB 21 DASH 0 2 24 2.

UH, 26.232 ACRES 117, SINGLE FAMILY LOTS, ONE COMMERCIAL LOT, AND FIVE PUBLIC UTILITY LOT LOCATED ON THE SOUTHEAST CORNER OF WIND HILL ROAD AND CROSS WINDS PARKWAY.

CONSIDER IMPOSSIBLE.

ACTION ON RECOMMENDATION TO CITY COUNCIL REGARDING A REQUEST BY AL CARROLL PE TO REZONE APPROXIMATELY 4.10 4.01 ACRES OF LAND FROM AGRICULTURE, A TO RETAIL SERVICE DISTRICT, RS FOR PROPERTY LOCATED AT 20 3004 51 IH 35 IN HAYES COUNTY, TEXAS, WYNN FAMILY LIMITED PARTNERSHIP Z 22 1 0 9.

CONSIDER A REQUEST TO CONSTRUCT APPROXIMATELY 5,550 SQUARE FOOT RESTAURANT BUILDING LOCATED WITHIN THE I 35 OVERLAY DISTRICT.

TONY SEES PIZZA AND BEER GARDEN.

UH, 2 3 4 4 KOHLERS CROSSING C P DASH 22 DASH 69.

CONSIDER REQUEST TO REMODEL THE EXISTING KOHL STORE STRUCTURE BY PAINTING A PORTION OF THE FRONT FACADE FOR PROPERTY LOCATED WITHIN THE I 35 OVERLAY DISTRICT KOHLS SLASH FOUR REMODEL.

2 0 180 5 MARKETPLACE AVENUE, C U P DASH 22 DASH 71.

CONSIDER A REQUEST TO CONSTRUCT APPROXIMATELY 56,354 OF 45 SQUARE FEET RETAIL STORE FOR PROPERTY LOCATED WITHIN THE I 35 OVERLAY DISTRICT ACADEMY SPORTS AND OUTDOOR 5 7 55 PARKWAY C 2266.

THE TIME IS 6 33.

WE'LL BE GOING INTO EXECUTIVE SESSION NOW.

THIS, UH, MEETING BACK TO ORDER.

NEXT,

[6. Consent]

UH, ITEM NUMBER SIX, CONSENT.

WE HAVE CONSENT.

AGENDA ITEM A, MR. CHAIR? YES SIR.

IT'S BEEN APP, UH, IT'S BEEN MOTIONED BY VICE CHAIR CHASE, SECONDED BY COMMISSIONER JAMES.

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

NEXT ITEM NUMBER SEVEN, ZONING SEVEN A, UH, CONSIDER IMPOSSIBLE ACTION ON RECOMMENDATION TO CITY COUNCIL REGARDING A REQUEST BY AL CARROLL P TO REZONE, APPROXIMATELY 4.01 ACRES OF LAND FROM AGRICULTURE, A TO RETAIL SERVICE DISTRICT, RS FOR PROPERTY LOCATED AT 23 4 51 IH 35 IN HAYES COUNTY, TEXAS, WYN, FAMILY LIMITED PARTNERSHIP Z DASH 22 DASH 0 1 0 9.

ALL OPPOSED.

MOTION PASSES.

[A.

Consider and possible action on a recommendation to City Council regarding a request by Al Carroll, P.E. to rezone approximately 4.01 acres of land from Agriculture 'A' to Retail Service District 'RS' for property located at 23451 IH-35 in Hays County, Texas. (Winn Family Limited Partnership - Z-22-0109).

Public Hearing

Recommendation to City Council

]

THERE IS A PUBLIC HEARING ON THIS ITEM.

THERE'S ANYONE FROM THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS ITEM.

YOU MAY COME UP NOW.

SEEING NONE, I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING.

PUBLIC HEARING IS NOW CLOSED.

UM, MS. SHARP, KAYLA SHARP, CITY PLANNER FOR THE RECORD.

UM, SO THIS IS A PROPERTY LOCATED AT 2 3 4 5 1 I 35.

UM, IT IS CURRENTLY ZONED AGRICULTURE.

IT'S APPROXIMATELY 4.01 ACRES AND THE APPLICANT IS REQUESTING

[00:05:01]

TO HAVE IT REZONED TO RETAIL SERVICES.

UM, IT IS WITHIN THE, IF I CAN GET TO IT, IT IS WITHIN THE REGIONAL NODE FOR THE COMPREHENSIVE PLAN OF FUTURE LAND USE MAP, WHICH, UM, RETAIL SERVICES IS A RECOMMENDED ZONING DISTRICT WITHIN THE REGIONAL NODE.

AND IT IS SURROUNDED BY PROPERTIES THAT ARE USED FOR, UM, THERE'S SOME WAREHOUSE ZONING.

THE PROPERTY IMMEDIATELY TO THE NORTH IS ZONED RETAIL SERVICES ALREADY.

AND THEN THERE IS SOME CONSTRUCTION MANUFACTURING TO THE SOUTH.

UM, STAFF HAS REVIEWED THIS REQUEST AND HAS FOUND THAT IT IS COMPLIANT WITH, UM, THE COMPREHENSIVE PLAN, FUTURE LAND USE MAP.

IT HAS, UM, CITY UTILITIES FOR WATER WASTE WATER, P FOR ELECTRIC.

UM, THEY WILL NEED TO POTENTIALLY SUBDIVIDE AND THEN THEY'LL BE REQUIRED TO DO A SITE DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT PER THE I 35 OVERLAY FOR COM.

UM, COMMERCIAL BUILDINGS AND A COMMERCIAL BUILDING PERMIT.

SO STAFF HAS REVIEWED THIS REQUEST AND HAS FOUND THAT IT IS APPROPRIATE AND WE ASK THAT THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL TO CITY COUNCIL.

ARE THERE ANY QUESTIONS FOR STAFF? OKAY.

IF THERE ARE NO QUESTIONS, WOULD ANYONE LIKE TO MAKE A MOTION WITH A MOTION? YES, SIR.

I MOVE THAT WE APPROVE ITEM SEVEN A SECOND.

IT'S MOVED BY COMMISSIONER JAMES SECOND AND BY VICE CHAIR.

CHASE.

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

EIGHT A CONSIDER REQUEST TO CONSTRUCT APPROXIMATELY 56,345 SQUARE FEET RETAIL STORE FOR PROPERTY LOCATED WITHIN THE I 35 OVERLAY DISTRICT ACADEMY SPORTS AND OUTDOORS.

ALL OPPOSED.

MOTION PASSES.

NEXT ITEM NUMBER EIGHT, CONSIDER IMPOSSIBLE ACTION

[A.

Consider a request to construct an approximately 56,345 square feet retail store for property located within the I-35 overlay district. (Academy Sports & Outdoors - 5755 Kyle Parkway - CUP-22-0066)

]

5 7 55 KYLE PARKWAY, C U P 22 DASH 0 66.

UH, MS. SHARP.

ALL RIGHT.

KAYLA SHARP, CITY PLANNER FOR THE RECORD.

UM, THIS IS A CONDITIONAL USE PERMIT FOR BUILDING ELEVATIONS FOR PROPERTY LOCATED WITHIN THE I 35 OVERLAY.

UM, THIS PORTION WILL BE FOR ACADEMY SPORTS AND OUTDOORS.

UM, THEY ARE SEEKING TO REQUEST THIS RETAIL STORE, UM, AND THE BUILDING WILL HAVE MATERIALS CONSISTING PRIMARILY OF STUCCO CONCRETE TILT WALLS, UH, CONCRETE MASON UNITS OR CMU.

AND THEN, UM, FIBER CEMENT PANELS THAT KIND OF HAVE LIKE A WOOD LOOK TO THEM.

UM, AND THEN THERE'S OF COURSE APPROPRIATE ARCHITECTURAL FEATURES THAT COMPLETE THE DESIGN.

UM, SO STAFF HAS REVIEWED THIS REQUEST AND HAS FOUND THAT IT IS COMPLIANT WITH THE I 35 OVERLAY AND, UM, WE RECOMMEND APPROVAL OF THIS CONDITIONAL USE PERMIT.

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

COMMISSIONER ROCKEN .

UM, SO WHEN I'M LOOKING AT THE, I GUESS IT'S THE EAST FACADE OF THIS BUILDING, UM, I NOTICE THAT IT'S ADJACENT TO A MIXED USE POD THAT THE CITY IS WORKING ON AND, UM, THE CONCEPT PLAN FOR THAT MIXED USE POD DOES SHOW TREES AND STUFF, UM, NEXT TO THE PARKING LOT THAT THEY, THAT THEY WILL HAVE UP THERE.

AND ON THE ELEVATION DRAWING FOR THIS ACADEMY BUILDING, UM, IT LOOKS LIKE THERE'S NOT A LOT OF SPACE.

I READ THAT THERE'S SUPPOSED TO BE A 10 FOOT SETBACK, UM, AND IT LOOKS LIKE IT'S JUST GOING TO BE GRASS BETWEEN THE SETBACK AND THAT BUILDING.

SO I WANTED TO ASK, UM, HOW THAT SCREENING WOULD WORK THERE.

WOULD THERE STILL BE ENOUGH SCREENING SPACE WITH THE MIXED USE PUD ADJACENT TO IT? YES.

SO SCREENING REQUIREMENTS ARE LOOKED AT DURING THE SITE DEVELOPMENT PERMIT THAT IS REVIEWED BY STAFF AND APPROVED ADMINISTRATIVELY THROUGH THAT.

UM, GENERALLY SPEAKING, THERE ARE USUALLY SOME SORT OF FENCING REQUIREMENTS AS WELL BETWEEN, UM, COMMERCIAL AND RESIDENTIAL PROPERTIES.

SO THAT'S DEFINITELY TAKEN INTO CONSIDERATION WITH THE SITE DEVELOPMENT PERMIT.

DOES THAT ANSWER YOUR QUESTION? SO IT, IT HAS BEEN LOOKED AT TO, TO CONFIRM THEY'VE, THEY'VE THOUGHT ABOUT THE ADJACENT USE? YES.

WELL, MIGHT HAVE MORE TO ADD TO THAT.

YEAH, WELL PLEASE, , WE

[00:10:01]

DID LOOK AT IT.

I'M GONNA OVERRIDE YOU ON THIS ONE THOUGH, JUST AS A HEADS UP.

UM, YOUR CONCERN IS, UH, RIGHT THERE BETWEEN THE EDGE OF THE BUILDING AND THE EDGE OF THE PROPERTY LINE ZOOMED IN.

IS THAT YOUR CON THE LOCATION OF YOUR CONCERN? YES, SIR.

WE HAVE NOT SEEN THE SITE DEVELOPMENT PERMIT YET FOR THE ADJACENT CTC RESIDENTIAL, UH, PROJECT THAT'S BEEN ENTITLED.

THEY'RE STILL DOING THEIR SUBDIVISION RELATED STUFF.

UM, WE DO HAVE A REQUIREMENT ADJACENT FOR COMMERCIAL ADJACENT TO RESIDENTIAL THAT THE COMMERCIAL DOES HAVE APPROPRIATE SCREENING FROM IT.

SO, UM, AND THIS DOES NOT SHOW THAT.

WHAT I DON'T KNOW OFFHAND IS IF, AND I'M MAKING AN ASSUMPTION THAT THIS LANDSCAPE SHEET MATCHES THE APPROVED SITE PLAN, WHICH IT SHOULD CUZ THIS COMES AFTER THAT.

UM, WELL, LET'S MAKE AN ASSUMPTION THAT WE DID NOT CATCH THAT SPECIFIC PORTION OF IT IN OUR REVIEW.

SO I WOULD RECOMMEND THAT YOU MAKE A MOTION TO APPROVE THE C O P, BUT ASK THAT THE APPLICANT, UM, ADD APPROPRIATE, UM, L LANDSCAPING BUFFERS BETWEEN THE BUILDING AND THE ADJACENT RESIDENTIAL AS WELL.

THANK SO, BECAUSE I THINK AS A, AS A TEAM, WE DID MAKE A MISTAKE.

SO I, I'M GONNA FOLLOW UP ON THAT QUESTION IF THAT'S OKAY WITH YOU.

UM, DO YOU BELIEVE THERE IS ROOM TO PUT APPROPRIATE BUFFERING MATERIALS? THAT IS A VERY SMALL SPACE.

RIGHT.

THAT'S WHY I'M SAYING APPROPRIATE, BECAUSE IT NEEDS TO BE.

SO THE WAY THE RETAIL SERVICES ZONING DISTRICT WORKS FROM A BUFFERING REQUIREMENT, THE WAY THE CODE READS IS A FOUR FOOT, UH, LANDSCAPE STRIP APPROPRIATE SOLID FENCING.

SO IT DOES NOT SAY THAT YOU HAVE TO HAVE OVER STORY TREES AND WHAT HAVE YOU.

IT SAYS A FOUR FOOT STRIP.

SO WE'RE GONNA HAVE TO RELY ON A LANDSCAPE ARCHITECT TO FIND AN APPROPRIATE, UH, SOLUTION TO THAT DESIGN, WHICH THEY HAVE HIRED FOR THIS PROJECT TO, UM, TO MEET THAT CODE REQUIREMENT.

SO IT ALSO DOES NOT MESS WITH THE FOUNDATIONS OF THE BUILDING AS WELL.

DOES THAT MAKE SENSE? RIGHT.

I GUESS MY QUESTION IS, IF WE GO FORWARD TO THAT RECOMMENDATION AND WE DO SAY APPROVE WITH THAT APPROPRIATE BUFFER, I'M SORRY.

UH, UH, UM, APPROPRIATE ISN'T A SUBJECTIVE TERM.

I KNOW BABI IS LANDSCAPING IN THE, IN THE, IN THE WAY.

IT'S THE RETAIL SERVICES ZONING DISTRICT FOR THAT SPECIFIC REQUIREMENT FOR, UH, A BUFFER, A LANDSCAPE BUFFER ADJACENT TO, UH, RESIDENTIAL IS NOT SUPER DETAILED.

SO WE DO HAVE TO RELY ON THE LANDSCAPE ARCHITECT TO DESIGN IT APPROPRIATELY TO MAKE SURE THAT IT, THE ROOTS FOR TREES AND WHAT HAVE YOU DO NOT GET UNDERNEATH THE FOUNDATION OF THAT BUILDING.

UH, UH, OH, WE CAN TALK ABOUT MORE IN DISCUSSION.

ABSOLUTELY.

UM, THANK YOU.

UH, DO YOU HAVE ANYTHING ELSE WITH THAT? OH, OKAY.

IF YOU'RE DONE, YES, WE'LL MOVE ON.

COMMISSIONER CHASE, CAN YOU SCROLL DOWN? YEP.

THREE.

NUMBER THREE IN THE LANDSCAPING REQUIREMENTS, THEY, THEY DISCUSS SCREENING THERE AND WHAT THEIR PLANS ARE FOR SCREENING.

I COULDN'T FIND IT EXACTLY ON THE LANDSCAPE PLANS WHERE THEY WERE PUTTING THOSE SHRUBS.

UM, BUT THAT IS THEIR, IT LOOKS LIKE THEIR, THEIR PLAN FOR SCREENING IS TO USE, UH, SHRUBS THAT ARE 30 INCHES IN HEIGHT AND SPACING OF 48 INCHES.

SO THEY CALL IT OUT, BUT ON THEIR LANDSCAPE PLAN, IT'S, IT'S TOUGH TO SEE.

UM, I MEAN, THEY HAVE IT ON THE TOP FOR SURE.

THEY'RE SCREENING UP AT THE TOP, BUT WHETHER THEY PLAN ON BRINGING THAT ALL THE WAY DOWN, I DON'T KNOW.

AND WE CAN ALSO COORDINATE WITH THEM AS WELL TO MAKE SURE THAT THEY ARE COMPLIANT IN THE END BEFORE THEY GET A CEO, A CERTIFICATE OF OCCUPANCY ON THE BUILDING.

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

YES, SIR.

SO CAN WE GO TO THE ELEVATION? THAT PAGE ONE? DO YOU WANT THE RENDERINGS? YEAH, RENDERINGS.

SO YOU CAN SEE IN THE ELEVATION ON THE RIGHT HAND SIDE HERE, THIS, THIS, UH, FRONTAGE DIFFERENCE FROM MANY IN THAT THERE'S A SET OF BLUE PYLONS THERE AND IT LOOKS LIKE THEY'RE FAIRLY

[00:15:01]

CLOSE SPACING.

CAN WE MAKE SURE THAT THAT, UH, ADA COMPLIANT THE MINIMUM OF 32 INCHES ON THOSE? YES.

UH, THAT, THAT, THOSE ARE THERE FOR ONE OF TWO REASONS.

ONE IS TO KEEP CARTS IN OR TO PROTECT IT FROM AUTOMOBILES THAT TRY TO GET INTO THE STORE.

SO, UM, YES SIR.

IF IT'S THE FORMER, THEN THERE COULD BE AN ISSUE THERE, SO PLEASE CHECK.

ABSOLUTELY.

DOES THAT NEED TO BE INCLUDED IN THE MOTION OR NOT? I DON'T THINK SO, UH, BECAUSE IT'LL, IT STILL NEEDS TO GO THROUGH A BUILDING PERMIT PERSPECTIVE.

UM, AND THEY'LL, THEY'LL MAKE, WE HAVE A THIRD PARTY REVIEW.

WE ACTUALLY HAVE TWO CONTRACTS WITH THIRD PARTY REVIEWERS THAT ARE, THEY ARE DETAILED TO THE NINES.

SO, UM, FREQUENTLY THEY DO A PRETTY GOOD JOB, SO.

ARE THERE ANY OTHER QUESTIONS FOR STAFF? WOULD ANYONE LIKE TO MAKE A MOTION FOR THIS ITEM, MAKE A MOTION TO APPROVE? IT'S BEEN MOVED BY COMMISSIONER MAHA.

DOES ANYONE, UH, LIKE TO SECOND IN A SECOND.

IT'S BEEN SECONDED BY, UH, COMMISSIONER STEELE.

UH, IS THERE ANY DISCUSSION ON THAT ITEM? POINT OF ORDER? YES.

WHAT IS THE, UH, MAIN MOTION AS DESCRIBED? I'M SORRY? IS IT TO APPROVE OR IS IT TO APPROVE WHAT THE RECOMMENDATIONS OF WHAT WILL HAD ASKED.

COMMISSIONER MATO, WOULD YOU LIKE TO CLARIFY YOUR MOTION WITH THE APPROVE WITH, WITH THE CONDITIONS THAT WERE DISCUSSED? UH, SO YOUR MOTION IS TO APPROVE ITEM EIGHT A WITH THE CONDITION THAT THERE'S PROPER BUFFERING, UM, IN PLACE ON THE, WHAT WAS IT? EAST? YEAH.

ON THE SIDE OF THE PROPERTY.

YEP.

IS IS THAT, IS THAT GOOD WITH EVERYONE? DOES EVERYONE, ARE YOU OKAY WITH THAT? ARE YOU STILL GOOD WITH THE SECOND? OKAY.

THANK YOU FOR THAT CLARIFICATION.

UH, SO WE HAVE A MOTION, WE HAVE A SECOND.

WOULD, DOES ANYONE HAVE ANY DISCUSSION ON THAT MOTION? UM, OKAY, I'LL GO AHEAD AND GO.

UM, I AM STILL A BIT HESITANT.

I THINK COMMISSIONER ANKIN BROUGHT UP A, A GOOD POINT AND ONCE IT GOES PAST US, THIS IS APPROVED, WE ARE APPROVING THIS OR NOT.

UM, THERE IS VERY LIMITED SPACE THERE TO PUT THINGS IN AND I WOULD FEEL MORE COMFORTABLE IF I WERE TO SEE THIS BEFORE I LET IT GO THROUGH.

UH, THAT IS MY PERSPECTIVE.

DOES ANYONE ELSE HAVE ANY? YES, SIR.

UH, COMMISSIONER, UH, VICE CHAIR, CHASE, JUST A QUESTION FOR STAFF, WOULD THEY BRING THAT BACK TO US OR WOULD THAT CONDITION JUST BE, UM, SOMETHING THAT STAFF WOULD MAKE SURE IS MET? IT CAN BE EITHER WAY.

DEPENDS ON WHAT YOU WANNA DO.

IF WE APPROVE IT THOUGH WITH THAT CONDITION, THEN IT WOULD JUST GO THROUGH STAFF, CORRECT? CORRECT.

IF WE POSTPONED IT OR SOMETHING, THEN WE COULD ASK THAT THEY BRING IT BACK TO US.

SO THAT'S WHERE WE ARE.

AND IF, IF, IF YOU'RE GOOD WITH STAFF DOING THAT, I THINK WE APPROVE THIS.

CORRECT.

AND IF YOU'RE NOT, THEN WE DO SOMETHING ELSE.

IT, IF I MAY PLEASE GO AHEAD.

IT'S, IT'S NOT A DIFFICULT THING TO RESOLVE ON THE DRAWING.

IT'S, IT'S A, A RELATIVELY QUICK CORRECTION TO ACCOUNT FOR.

SO IF Y'ALL DECIDE THAT IT'S APPROPRIATE FOR IT TO BE APPROVED WITH CONDITIONS, WE CAN JUST COORDINATE WITH THEM, MAKE SURE IT'S RESOLVED.

IF Y'ALL FEEL MORE COMFORTABLE TAKING, HAVING IT COME BACK AT, UH, THE NEXT SCHEDULED MEETING THAT Y'ALL CAN, THE NEXT MEETING THAT THEY CAN MAKE ON THEIR SCHEDULE MM-HMM.

THE APPLICANT, THEN THAT'S AN OPTION AS WELL.

UM, ARE YOU, DO YOU HAVE ANY THOUGHTS ON THIS? JUST, UM, I GUESS I WOULD SAY I'M, I'M MORE OF A VISUAL PERSON, SO I WOULD APPRECIATE SEEING IT AGAIN BEFORE IT GOT APPROVED.

I WILL SAY THAT I'M ON THE SIDE OF, I DON'T, I DON'T NEED TO SEE IT AGAIN.

LIKE, I THINK THAT WE HAVE A GOOD STAFF WHO CAN TAKE CARE OF THIS AND THEY SAID IT WAS PRETTY SIMPLE, SO I DON'T KNOW WHY IT NEEDS TO COME BACK TO US AGAIN.

I WOULD AGREE WITH JUST GOING AHEAD AND HAVING YOU FOLKS REVIEW THAT AND TAKE CARE OF IT.

ABSOLUTELY.

SO, UH, WE ARE GONNA GO AHEAD AND VOTE, UH, UM, ONCE WE'RE ALL DONE WITH DISCUSSION, IF YOU VOTE YES, THEN IT WILL GET PASSED WITH, WITH THAT CONDITION.

IT PROBABLY WOULD GO BACK TO STAFF THEN AT THAT POINT.

SO THAT'S WHAT YOU'RE VOTING ON RIGHT NOW.

UM, IF THAT MOTION FAILS, WE COULD ALWAYS PUT A DIFFERENT MOTION UP, BUT THAT'S ONLY IF THAT MOTION FAILS EVERYONE.

WITHOUT ANYONE HAVING ANY OTHER DISCUSSION.

CAN I ASK ONE MORE QUESTION? YES, MA'AM.

SO WHEN WE'RE TALKING ABOUT BUFFERING, ARE WE TALKING ABOUT THE, HANG ON, I'VE GOT THE ORDINANCE HERE.

LET ME SEE.

UH, I HAVE TO PULL UP THE RIGHT THING.

I CAN'T ZOOM ON THAT.

[00:20:01]

SORRY.

UM, SO I'M READING SCREENING, IT SAYS AT LEAST 30 INCHES IN HIDE MINIMUM SPACING OF 48 INCHES.

UM, SO ARE WE TALKING ABOUT A SUPER TALL BUILDING NEXT TO A RESIDENTIAL BUILDING WITH LIKE TWO AND A HALF FEET OF SHRUBS AT THE BOTTOM IN A FOUR FOOT FENCE? THE WAY THAT THAT PLA OR NOT THE PLANT NOTE THE WAY THAT THE, THE NOTE ON THE LANDSCAPE SHEET READ IT WAS AT TIME OF PLANTING.

NOW, DEPENDING ON THE TYPE OF SHRUBS IN THE SPECIES AND WHAT HAVE YOU, THEY ARE GONNA HAVE A MAX HEIGHT JUST BY THEIR, BY DEFAULT.

BUT THEY DO HAVE TO BE, UM, IRRIGATED AND MAKE SURE THAT THEY STAY ALIVE AND WHAT HAVE YOU.

AND IT'S ALSO WITHIN A COMBINATION OF THAT IN HAVING AN APPROPRIATE SCREENING FENCE AS WELL.

WELL, SO, OKAY.

ANY OTHER DISCUSSION? ALL RIGHT, THANK YOU.

CAN WE HAVE A ROLL CALL VOTE PLEASE? DELORE NAY MATA? YES.

KIN NAY.

GARRA? NAYTE.

STLE? YEAH.

I, JAMES, I CHASE? YES.

NEXT, UH, ITEM NUMBER EIGHT B, CONSIDER REQUEST TO CONSTRUCT APPROXIMATELY 5,550 SQUARE FEET RESTAURANT BUILDING LOCATED WITHIN THE I 35 OVERLAY DISTRICT.

UH, MOTION PASSES.

4 23.

[B.

Consider a request to construct approximately 5,550 square feet restaurant building located within the I-35 overlay district. (Tony C's Pizza & Beer Garden - 2344 Kohler's Crossing - CUP-22-0069)

]

TONY SEES PIZZA AND BEER GARDEN 2344 KOHLER'S CROSSING C U P DASH 2269.

UH, MS. SHARP.

ALL RIGHT, KAYLA SHARP.

CITY PLANNER FOR THE RECORD.

THIS IS ANOTHER CONDITIONAL USE PERMIT FOR BUILDING ELEVATIONS.

UM, IT IS LOCATED OFF OF KOHLS CROSSING, UM, A COUPLE HUNDRED FEET, UM, FROM THE I 35 FRONTAGE ROAD, UM, ALSO NEXT TO RUDY'S, WHICH WE APPROVED TO C P FOR RECENTLY.

UM, THIS FACADE IS ALMOST ENTIRELY BRICK BESIDES SOME OF THE ARCHITECTURAL DETAILS.

UM, AND SO IT IS MOST DEFINITELY COMPLIANT WITH THE I 35 OVERLAY FROM THE MASONRY STANDARDS AND ARCHITECTURAL FEATURES, UM, REQUIREMENT.

AND I JUST WANT TO GO AHEAD AND NOTE THAT, UM, ANY SIGNS SHOWN IN THESE DRAWINGS THAT Y'ALL ARE NOT APPROVING SIGNAGE THAT WILL COME FORWARD IN A SEPARATE PERMIT THAT IS APPROVED BY, UM, STAFF.

SO KEEP THAT IN MIND.

THESE ARE, THESE RENDERINGS ARE, UM, JUST KIND OF MORE CONCEPTUAL IN NATURE BESIDES THE BUILDING MATERIALS AND THINGS LIKE THAT.

UM, SO YEAH, THIS ONE IS COMPLIANT AND STAFF RECOMMENDS APPROVAL.

ANY QUESTIONS? THANK YOU.

ARE THERE ANY QUESTIONS FOR STAFF? YES.

COMMISSIONER STEEL.

UM, REGARDING THE AWNING, UH, IT'S UNCLEAR TO ME FROM THE RECORD THAT HERE, WHAT THE SQUARE FOOTAGE ON THAT IS, HOW LARGE IN FACT, IT IS THE AWNING OR THE PATIO? THE PATIO AWNING.

I THINK THEY WOULD BE ROUGHLY THE SAME.

LET'S SEE, IT LOOKS LIKE, I'M SORRY.

I'LL LET YOU ANSWER IT.

UM, IT LOOKS LIKE IT'S ABOUT, UM, 215 SQUARE FEET OR SO ON THE EAST ELEVATION, AND THAT'S AWAY FROM THE STREET, UH, AWAY FROM I 35 VIEW.

SO THE EAST ELEVATION, WELL, IF YOU CAN PULL UP THE LANDSCAPE SHEET FOR THIS ONE, THAT HELPS EXPLAIN YES.

OR ORIENT A LITTLE BIT BETTER.

SO THE PATIO, UM, THAT AWNING IS ACTUALLY FACING, UM, TECHNICALLY THE BACK SLASH SIDE OF RUDY'S.

SO IT IS FACING I 35, BUT IT'S BEHIND ANOTHER BUILDING.

UM, AND SO THEN IF YOU'RE LOOKING AT THE RENDERINGS, THE SIGN THAT HAS THE SIDE THAT HAS THE MURAL IS THE SIDE THAT WILL BE FACING KOHLS.

AND, UH, WHAT MATERIALS WILL THAT ONLY BE MADE OF? LET'S SEE WHAT, UM, IT DOESN'T SAY THE SPECIFIC MATERIAL, BUT I, I MEAN, I WOULD ASSUME SOMETHING THAT IS APPROPRIATE FOR, YOU KNOW, WEATHERPROOFING AND, UM, ALL OF THAT.

THE, UM, THE BOTTOM PORTION IS THE, UM, BREEZE BLOCK.

, I BELIEVE.

UM, BUT THE ACTUAL AWNING ITSELF, I'M NOT SURE OF THE EXACT MATERIAL.

LATER, UM, ANOTHER ITEM I'VE JUST GOT CONCERN ABOUT STRIPES AND DESIGNS THAT MAYBE CREATE CLUTTER IN THE ENVIRONMENT, ESPECIALLY IN THE OVERLAY.

, WELL AS, AS YOU'LL NOTE

[00:25:01]

SO THAT'S THE REASON FOR THE QUESTION IS THE DURABILITY OF THE AWNING.

OF COURSE IT WOULD BE AN ISSUE, BUT JUST IT'S GENERAL APPEARANCE.

, UM, GIVEN WHAT YOU'VE TOLD ME, I'M SATISFIED WITH THE ANSWER.

ARE THERE ANY OTHER QUESTIONS FOR STAFF? WOULD ANYONE LIKE TO MAKE A MOTION FOR ITEM B? B MR. CHAIR? YES, SIR.

MOTION TO APPROVE ITEM EIGHT B.

SECOND.

IT'S THE MOVE BY, UH, VICE CHAIR, UH, CHASE.

SECOND IS BY COMMISSIONER JAMES.

IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE SAY AYE.

ITEM NUMBER EIGHT C, CONSIDER REQUEST TO REMODEL ALL OF THE EXISTING KOHLER'S, I'M SORRY, KOHL'S.

ALL GOES.

MOTION ASKS

[C.

Consider a request to remodel the existing Kohl's Store structure by painting a portion of the front facade for property located within the I-35 overlay district. (Kohl's/Sephora Remodel - 20185 Marketplace Avenue - CUP-22-0071)

]

STORE STRUCTURE AND BY PAINTING A PORTION OF THE FRONT FACADE FOR PROPERTY LOCATED WITHIN THE I 35 OVERLAY DISTRICT KOHL SLASH FOUR REMODEL 2185 MARKETPLACE AVENUE, C U P DASH 2271.

UH, MS. SHARP.

ALL RIGHT.

KAYLA SHARP, CITY PLANNER FOR THE RECORD.

SO THIS ONE IS A BIT OF AN INTERESTING, UM, CASE AS IT IS MORE OF A REMODEL SITUATION.

THE, THE BUILDING IS ALREADY THERE.

UM, AND SO FROM THAT REGARD, MAJORITY OF THE BUILDING MATERIALS HAVE ALREADY BEEN APPROVED.

UM, SO FOR THIS ONE, THEY ARE SIMPLY PAINTING PART OF THE FACADE.

UM, KOHL'S IS INTEGRATING WITH SEPHORA, AND SO THEY ARE CHANGING SOME OF THEIR BRANDING TO REFLECT THAT.

AND SO WE CONFIRMED WITH THE APPLICANT THERE'S NO CHANGE IN BUILDING MATERIALS.

IT IS STRICTLY PAINT AND SIGNAGE.

AND SIGNAGE IS A SEPARATE PERMIT THAT HAS ALREADY BEEN SUBMITTED.

UM, SO YEAH, THIS IS, I I, IT IT FALLS WITHIN THE I 35 OVERLAY, WHICH IS WHY WE'RE BRINGING THIS FORWARD AS IT IS.

UM, IT REQUIRES A CONDITIONAL USE PERMIT, BUT THIS IS GENERALLY SPEAKING MORE OF A FORMALITY.

UM, BUT YEAH.

ARE THERE ANY QUESTIONS? THANK YOU.

ANY QUESTIONS FOR STAFF? QUESTIONS? YES, SIR.

MR. STEELE, UM, JUST BY THE WAY OF A COMMENT AS MUCH AS A QUESTION, THIS IS THE RENDERING AND AS IN BLACK AND WHITE STRIPES, AND AS I'VE SEEN THERE OTHER STORES, THEY'RE VERY BOLD, BRIGHT BLACK AND WHITE.

SO ISSUE I HAVE IS THAT 125 FEET TO THE EAST OF THAT IS A STORE THAT HAS VERY, VERY BRIGHT BLUE STRIPES AND GETTING TO THE ISSUE OF VISUAL CLUTTER, UM, I KNOW IT'S EASY TO PAINT STRIPES AND THEY HAVE THEIR ATTRACTIVENESS RATHER IMMEDIATELY, BUT I'VE GOT AN, I REALLY DO HAVE AN ISSUE WITH, WITH THIS KIND OF DESIGN, ESPECIALLY SINCE I KNOW THAT THIS PARTICULAR CHAIN HAS ADAPTED ITS BRAND BY WAY OF SIGNAGE AND, AND, AND DESIGN, UM, TO THE ENVIRONMENT WHICH IT FINDS ITSELF TO THE DIFFERENT CITIES.

SO IF, IF YOU LOOK IN MAD, YOU KNOW, MANHATTAN, NEW YORK, YOU WOULDN'T SEE THE STRIPES, YOU WOULDN'T SEE 'EM IN CANADA, AUSTRALIA, FRANCE, UM, YOU SEE THEM HERE USED VARIOUSLY AND, UM, JUST INSIDE THE DOORS, FOR INSTANCE.

BUT I REALLY HAVE A PROBLEM WITH THEIR, THEY'VE GOT GOOD DESIGN FEATURES THAT THEY'VE USED ELSEWHERE, AND I AM CONCERNED THAT THEY WOULD USE SOMETHING SO SIMPLE AND, AND BOLD AND VISUALLY DISTRACTING NEXT TO THESE OTHER STRIPES, UH, UH, COMMISS STEEL DO, JUST FOR CLARIFICATION.

SO THIS IS A DISCUSSION ITEM, CORRECT? IT'S NOT NECESSARILY A QUESTION FOR STAFF.

WELL, IT'S A QUESTION.

I'M, I'M SORRY.

JUST WHAT IS THE QUESTION THEN? WELL, THEN THE QUESTION, THE QUESTION WOULD BE IS THIS IS WHAT WE SEE HERE BETWEEN THE RENDERINGS.

IT LOOKS LIKE THIS LAST ONE WE'RE LOOKING AT IS VERY BOLD AND BRIGHT, AND THAT'S WHAT WE'VE GOT.

THAT'S WHAT WE WOULD UNDERSTAND THAT WE'RE LOOKING AT BASED ON THE RENDERINGS PROVIDED, THEY ARE GOING TO BE USING THE BLACK AND WHITE, THAT IS SEPHORA'S STANDARD BRANDING COLORS.

UM, AND THAT IS WHAT THEY HAVE PROPOSED.

AND AS IT DOESN'T CHANGE ANY BUILDING MATERIALS, UM, IT, IT TECHNICALLY IS COMPLIANT.

WE DON'T HAVE ANYTHING IN THE OVERLAY THAT DICTATES COLORS NECESSARILY.

UM, AND THEY'RE NOT CHANGING OR ADDING ANY BUILDING MATERIALS.

UM, SO YEAH, AND I, I MEAN, IN TERMS OF ACTUALLY PAINTING IT WITH IT BEING ON, UM, I BELIEVE IT'S STONE.

I, I, I DON'T KNOW IF IT WILL BE AS BRIGHT AS IT'S SHOWING IN PICTURES OR NOT.

THOUGH IS THAT THEY'VE USED, UH, DIFFERENT KINDS OF DESIGNS FOR DIFFERENT ENVIRONMENTS, DIFFERENT CITIES, DIFFERENT NEIGHBORHOODS.

SO AS, AS A MATTER OF DISCUSSION, I THINK I WAS CLEAR ABOUT MY THINKING

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AND SO, UH, UM, THIS ISN'T ATTRACTIVE TO, TO, IN MY VIEW, TO SOMETHING IN THE OVERLAY.

UM, THEY'VE DONE VERY SOPHISTICATED AND SIMPLE THINGS ELSEWHERE AND, UM, I CERTAINLY WOULD PREFER TO SEE IF THEY COULD, UH, DO SOMETHING, UH, OTHER THAN THIS.

WE CAN DEFINITELY TALK ABOUT THAT IN DISCUSSION IN JUST A MOMENT.

UM, DOES ANYONE HAVE ANY QUESTIONS FOR STAFF? OKAY.

WOULD ANYONE LIKE TO MAKE A MOTION ON ITEM EIGHT C WITH A MOTION? YES, SIR.

I KNOW THAT WE APPROVE ITEM EIGHT C SECOND.

IT'S BEEN MOVED BY COMMISSIONER JAMES SECOND AND BY COMMISSIONER MATA.

IS THERE ANY DISCUSSION ON THAT MOTION? I THINK I'LL GO AHEAD AND LEAVE IT OFF.

YES, SIR.

COMMISSIONER JAMES? UM, YEAH, I MEAN, I WILL SAY THAT I THINK THAT WE'RE ALSO LOOKING AT A, A FAIRLY LIKE BACK LIT SCREEN, SO I DON'T THINK IT, YOU'LL BE AS BRIGHT AS IT WOULD BE LIKE PAINTED ON STONE, AT LEAST, LIKE, THAT'S MY UNDERSTANDING OF FROM PAINTING ON STONE.

UM, WHAT I WOULD SAY IS THAT LIKE THIS IS MEETS ALL OF OUR, OUR, OUR STANDARDS.

IT FITS IN WITH THE BRAND OF SEPHORA.

IT DOESN'T NECESSARILY STICK OUT IN ANY SORT OF MEANINGFUL WAY.

I SEE NO REASON FOR US TO DECLINE IT.

LIKE IF IT WAS SITTING NEXT TO SOMETHING ELSE THAT WAS LIKE RIGHT ADJACENT TO IT ON THE OTHER SIDE, THAT WAS ALSO SOME SORT OF DIFFERENT COLORED STRIPE WHERE IT MIGHT HAVE A VISUAL LIKE PROBLEM.

I COULD SEE US CONSIDERING THAT, BUT I, I REALLY DON'T SEE A REASON FOR IT.

AND I'M SOMEONE WHO, WHEN I DRIVE, IS VERY DISTRACTED BY THINGS LIKE THAT.

UM, AND SO IF I CAN LOOK AT IT AND SAY, I THINK THAT'S FINE, I WOULDN'T NECESSARILY BE DISTRACTED WHEN I RAN BY IT.

LIKE I FEEL COMFORTABLE APPROVING IT.