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[00:00:01]

GOOD EVENING.

THE

[1.  Call Meeting To Order]

TIME IS 6 52.

TODAY IS TUESDAY, FEBRUARY 28TH.

UH, I'D LIKE TO CALL THIS, UH, REGULAR SCHEDULED PLANNING AND ZONING MEETING TO ORDER.

CAN I HAVE A ROLL CALL PLEASE? DELORE HERE.

MATA? HERE.

ANKIN.

HERE.

GARRA.

HERE.

STEGEL.

JAMES? HERE.

CHASE.

THANK YOU.

WE HAVE A QUORUM.

NEXT

[3.  Minutes]

ITEM NUMBER THREE MINUTES.

UH, THREE.

A.

PLANNING AND ZONING COMMISSION MEETING MINUTES FOR FEBRUARY 9TH, 2023.

SPECIAL CALLED MEETING.

FEBRUARY 9TH, 2023.

IMPACT FEE ADVISORY COMMITTEE MEETING.

AND FEBRUARY 13TH, 2023.

WORKSHOP.

WOULD ANYONE LIKE TO MAKE A MOTION? MR. CHAIRMAN? YES, SIR.

A MOTION? THE MINUTES BE ACCEPTED.

SECOND.

THANK YOU.

IT'S BEEN MOVED BY, UH, COMMISSIONER DELORE.

SECONDED BY COMMISSIONER JAMES.

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

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

ITEM NUMBER FOUR, CITIZEN COMMENTS.

AT THIS TIME, IF ANY MEMBERS OF THE PUBLIC WOULD LIKE TO SPEAK, UH, YOU MAY COME UP NOW.

WE ASK THAT YOU LIMIT YOUR TIME TO THREE MINUTES, THAT YOU STATE YOUR NAME FOR THE RECORD AND THAT YOU FILL OUT A CITIZEN COMMENTS FORM.

SEEING NONE, I WILL GO AHEAD AND CLOSE.

CITIZEN COMMENTS, CITIZEN COMMENTS IS NOW CLOSED.

[5.  Consent]

ITEM NUMBER FIVE, CONSENT AGENDA.

UH, WE HAVE ITEM FIVE A ON CONSENT AGENDA TODAY.

WOULD ANYONE LIKE TO MAKE A MOTION? OKAY, I'M GONNA GO AHEAD AND MOVE THAT WE APPROVE CONSENT.

AGENDA FIVE A SECOND.

THANK YOU.

IT'S BEEN MOTIONED BY MYSELF.

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

AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

[6.  Consider and Possible Action]

ITEM NUMBER SIX, CONSIDER IMPOSSIBLE ACTION SIX A CONSIDER REQUEST TO CONSTRUCT AN APPROXIMATELY 124 ROOM EXTENDED STAY AMERICA HOTEL FOR PROPERTY, LOCATED AT 5 8 87 KYLE PARKWAY WITHIN THE I 35 ZONING OVERLAY DISTRICT.

EXTENDED STAY HO EXTENDED STAY AMERICA HOTEL CONDITIONAL USE PERMIT, C U P DASH 23 DASH 0 0 75.

UH, YES.

THANK YOU, CHAIRMAN.

COMMISSIONERS, UH, NAME IS JASON LUT, SENIOR PLANNER.

FOR THE RECORD, WE'RE HERE TODAY TO DISCUSS A C U P.

UH, AGAIN, THIS PROPERTY IS LOCATED ALONG SEATON PARKWAY.

IT'S APPROXIMATELY 225 FEET FROM THE INTERSECTION OF KYLE PARKWAY AND SEATON.

YOU CAN SEE THIS ON THE SCREEN THERE.

UH, THE SUBJECT SITE IS HIGHLIGHTED IN BLUE FOR YOUR REFERENCE.

UM, WE'RE HERE TO DISCUSS THE, UH, ARCHITECTURAL CONTROL STANDARDS OVER THE I 35 OVERLAY, UH, CORRIDOR OVERLAY.

UM, SO LOOKING AT THE, UH, FRONT ELEVATION, UM, ON THE BOTTOM IMAGE, THIS IS WILL BE THE FRONT DOOR AND THEN THE EAST ELEVATION, UH, ON THE IMAGE ABOVE.

AND THEN THE BOTTOM IMAGE IS THE REAR ELEVATION AND THE WEST ELEVATION IS ABOVE.

UM, THIS PROPERTY DOES MEET THE, UH, ARCHITECTURAL CONTROLS FOR THE I 35 OVERLAY.

UM, HOWEVER, THE COLOR PALLET IS A LITTLE BIT DIFFERENT THAN THE PREFERRED.

UM, HOWEVER, WE DO LIKE SOME LITTLE BIT VARIATION IN OUR ARCHITECTURE, BUT THIS WILL BE BRICK AND STUCCO.

UM, AS YOU CAN SEE HERE, WILL AND KAYLA WORKED WITH THE ARCHITECT, UM, TO DISCUSS THE REAR ELEVATION HERE, UM, BECAUSE IT IS FACING THE INTERIOR OF THAT STREET AND THERE'S SOME FUTURE DEVELOPMENT PLAN THERE.

THEY DID THEIR BEST TO, TO MAKE IT LOOK LIKE TWO STORE FRONT OR TWO FRONTS OF THE BUILDING.

SO, UM, WE WERE PRETTY HAPPY WITH WHAT THEY DID.

AND SO STAFF DOES RECOMMEND APPROVAL OF THE REQUESTED C U P AT THIS TIME.

THANK YOU.

ARE THERE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION, UH, ABOUT THE COLORING.

I I CAN'T QUITE SEE THE, THE, THE COLOR ALONG THE BASE.

IS THAT, IS THAT THE KING SIZE BRICK FINISH? YES.

IS THAT, IS THAT BLACK? I DON'T BELIEVE.

OR IS IT JUST A DARK? I THINK IT IS A DARK.

I DON'T BELIEVE IT'S BLACK.

UM, I BELIEVE THAT IS, HOLD ON ONE SECOND.

I CAN'T, IT'S MORE OF A BROWNISH, NOT QUITE BLACK.

ONCE YOU ZOOM IN, YOU KIND OF SEE IT LIGHTENS UP A LITTLE BIT.

UM, IT LOOKS, IT LOOKS DARKER BLACK BECAUSE OF ALL THE ETCHING THAT YOU SEE INSIDE THERE AND OKAY.

YEAH, I DON'T THINK BLACK WOULD LOOK GOOD.

WILL ATKINSON, UH, DIRECTOR OF PLANNING FOR THE RECORD, IT'S, IT'S A, IT'S A DARK BROWN THAT MATCHES, UH, THAT'S SIMILAR IN TONE TO THE, TO THE BROWN KEW STUCCO.

OKAY.

IT LOOKS LIKE AS YOU, IF YOU BLOW UP THE IMAGE THAT'S

[00:05:01]

VERY SIMILAR TO THAT.

BUT AS, AS JASON HAD MENTIONED, ALL THE ETCHING OF THE INDIVIDUAL BRICKS MIX IT.

OKAY.

THANK YOU.

YEAH.

HI, THIS IS, THIS IS JASON DEI THE ARCHITECT.

YEAH, UNFORTUNATELY, UM, YOU KNOW, WHEN WE'RE DEALING WITH DEAL, UH, DIGITAL IMAGING AS YOU ZOOM IN TRYING TO, TRYING, TRYING TO APPLY THE HATCH PATTERN WAS, UM, UH, DARKEN IT UP.

BUT THE INTENT IS FOR THE BRICK TO MATCH THE ADJACENT COLORS.

RIGHT.

OKAY.

THANK YOU FOR CLARIFYING.

YES, THANK YOU.

YEAH, NO, THAT WAS, I HAD THE SAME QUESTION BECAUSE, UH, I, I WENT AND LOOKED AT THEIR, YEAH, I WENT AND LOOKED AT OTHER, UH, UM, VERSIONS OF THIS IN OTHER PLACES AND, AND I, AND THE BLACK DIDN'T SEEM TO MAKE SENSE WITH, BUT YES.

NOT IT ZOOMED IN AND WE CAN SEE THE COLOR BETTER.

I, I DO AGREE.

SORRY, I WAS ZOOMING IN ON THE WRONG IMAGE ON MY SCREEN.

SO NO, THAT'S FINE.

FIX FOR YOU ALL.

GOOD.

ARE THERE ANY OTHER QUESTIONS FOR STAFF? OKAY.

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

I MOVE THAT WE APPROVE ITEM SIX A.

THANK YOU.

IT'S BEEN MOVED TO APPROVE ITEM SIX A.

IS THERE A SECOND FOR THAT MOTION? A SECOND.

THANK YOU.

IT'S BEEN MOVED BY COMMISSIONER JAMES, SECONDED BY COMMISSIONER DELORE.

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

AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

THANK YOU COMMISSIONERS.

THANK YOU.

NEXT ITEM SIX B DISCUSSION AND POSSIBLE RECOMMENDATION TO CITY COUNCIL REGARDING USE PERMITTED, UH, IN CERTAIN ZONING DISTRICTS.

UH, THAT'S MY ITEM, ALEX GUERRA, CHAIRMAN.

OKAY.

UM, CAN WE GET, UH, SECTION 53 DASH 1 2 30 ON SCREEN? ON SCREEN PLEASE? YEAH, I JUST, I HAVE SOME QUESTIONS AND I WANNA GO THROUGH A COUPLE DIFFERENT PAGES.

AND SO, UH, WHILE WE'RE DOING THAT, I JUST WANT TO KIND OF TALK ABOUT THIS DOCUMENT.

IF YOU GUYS LOOKED AT THE BACKUP MATERIALS.

UH, THE FIRST ONE IS GONNA BE OUR MAIN DOCUMENT.

WHEN IT COMES TO ALLOWABLE USES IN VARIOUS ZONINGS.

THERE ARE CERTAIN ZONINGS THAT HAVE THEIR OWN DOCUMENT.

THOSE WERE PROVIDED ALSO, BUT THE MAIN ONE IS THAT 53 DASH 1 20 30.

UM, I, I THINK JUST SOMETHING IN GENERAL WITH THIS, WHAT I WOULD RECOMMEND IS THAT YOU USE THIS OFTEN, UM, BECAUSE WHEN SOMEONE ASKS FOR A ZONING CHANGE AND IT'S JUST A STRAIGHT ZONING, WE DO NOT ASK THEM WHAT IT IS YOU'RE GOING TO BE BUILDING THERE.

THEY, IF THEY WANT TO CHANGE FROM AGRICULTURE TO WAREHOUSE, WELL, WE HAVE TO SAY EVERYTHING THAT IS POSSIBLE IN WAREHOUSE COULD BE GOING IN THAT LOCATION.

AND SO THIS IS A DOCUMENT YOU SHOULD BE VERY FAMILIAR WITH, ESPECIALLY WHEN WE TALK ABOUT THOSE ZONING CHANGES BECAUSE, UM, ANYTHING WITHIN THAT LIST COULD BE IN THERE.

AND THEN ALSO SOMETHING TO KEEP IN MIND IS THAT WHAT YOU'LL SEE HERE ON THE SCREEN IS THERE'LL BE A PRIMARY ZONING, SECONDARY THIRD AND FOURTH ZONING.

SO WHILE SOMETHING MIGHT BE ALLOWABLE IN CBD, ONE, ANYTHING ALLOWABLE IN CDB CBD, ONE IS ALSO ALLOWABLE IN CBD.

TWO, ANYTHING ALLOWABLE IN CBD TWO IS ALSO ALLOWABLE IN RETAIL SERVICES.

AND THEN FROM RETAIL SERVICES, YOU CAN, THAT IS ALLOWABLE IN COMMERCIAL MANUFACTURING WAREHOUSE AND ON.

SO, UM, SO WAREHOUSE ZONING IS NOT JUST WAREHOUSE.

IT'S MOST EVERYTHING ALMO, MOST EVERY ALLOWABLE USE.

UM, AND SO JUST, I, I PERSONALLY BELIEVE THAT THIS DOCUMENT NEEDS A COMPLETE OVERHAUL, BUT WE DON'T NECESSARILY WANNA MAKE MAJOR CHANGES RIGHT BEFORE A COMP PLAN, UM, CHANGE.

AND SO THAT IS REALLY UP UP TO THE PLANNING ZONING COMMISSION AS A WHOLE.

BUT I HAVE JUST A FEW QUESTIONS AND A FEW ITEMS I WANNA TALK ABOUT THAT IF, IF WE'RE NOT GONNA DO A ENTIRE OVERHAUL, I'D LIKE TO TALK ABOUT A FEW DIFFERENT ITEMS. OKAY.

SO, UH, THIS ONE'S A BIT DIFFERENT.

THIS DOESN'T HAVE THE PAGES LIKE WHAT WE HAD IN THE BACKUP MATERIALS, BUT I JUST HAVE A FEW QUESTIONS.

SO, UH, WILL, I'M GONNA START WITH YOU, JUST ASK YOU A FEW CLARIFYING QUESTIONS BEFORE I GO INTO WHAT I'M GOING TO SUGGEST.

UM, OKAY.

SO IN WAREHOUSE AND COMMERCIAL MANUFACTURING, THERE ARE A COUPLE, THERE ARE A FEW ITEMS THAT AREN'T NECESSARILY EXACTLY WAREHOUSE RELATED, BUT THEY ARE IN THE WAREHOUSE IN COMMERCIAL MANUFACTURING ZONINGS.

UM, ONE, I JUST WANNA UNDERSTAND THE DIFFERENCE ON A COUPLE OF THESE.

SO THERE IS NIGHTCLUB AND THEN THERE IS NIGHTCLUB ALSO.

UM, LET ME FIND IT.

THERE IS NIGHTCLUB IN IT IS 7 2 2 4 1 0 0 3.

AND THEN I BELIEVE THERE'S ALSO A NIGHTCLUB WITH, UH, A DRINKING PLACE NIGHTCLUB.

NOW THAT'S ONLY IN WAREHOUSE COM COMMERCIAL MANUFACTURING, BUT IN, BUT IN RETAIL SERVICES, WE HAVE BAR.

AND I JUST WANNA UNDERSTAND WHAT IS THE

[00:10:01]

DIFFERENCE BETWEEN A BAR AND A NIGHTCLUB AS FAR AS OUR CODE GOES? BECAUSE YOU CANNOT OPEN A NIGHTCLUB, A RETAIL SERVICES, BUT YOU CAN'T OPEN A BAR PER THE USE CHART.

YES.

PER THE USE CHART.

YES.

YES, ABSOLUTELY.

WELL, I CAN SEND DIRECTOR OF PLANNING FOR THE RECORD.

THAT IS A VERY GOOD QUESTION AND I DO NOT KNOW THE ANSWER TO IT.

UH, BUT WE DO ALSO HAVE, UM, WHAT WE CALL S IIC CODE.

SO INDUSTRY, SORRY, I DON'T REMEMBER WHAT S I C STANDS FOR, BUT THEY'RE INDUSTRY STANDARD, UM, CLASSIFICATIONS IS WHAT THEY ARE ESSENTIALLY FOR USES.

AND SO THAT HELPS FURTHER DEFINE IT FROM A, FROM A NATIONAL LEVEL.

NOW, KEEP, PLEASE KEEP IN MIND THAT, UM, THE S IIC CODES SHOWING THERE ON THE LEFT HAND COLUMN AREN'T NECESSARILY ACCURATE ANYMORE FROM THE NUMBER GIVEN.

RIGHT.

SO WE HAVE TO DO A LITTLE BIT OF RESEARCH AND EVER LOOK IT UP.

BUT ON THE FLY, I'LL SAY THIS, UH, YOU KNOW, A BAR VERSUS A NIGHTCLUB, THE BIGGEST THING THAT WOULD PROBABLY STAND OUT FROM A DEM DEVISING LINE, BUT UNLESS THE SIS C CODE SAYS OTHERWISE IS, UM, A BAR IS JUST A PLACE TO WHERE YOU GO AND YOU CAN PRODUCE, PRODUCE SOME DRINKS AND HAVE SOMETHING TO DRINK, THEN EAT, MAYBE THERE'S A TV ON THE WALL OR WHATEVER.

YOU KNOW, YOU JUST KIND OF SIT THERE A COUPLE BOOTHS TO SIT AT WHAT HAVE YOU.

MM-HMM.

A NIGHTCLUB IS A, IS MORE OF A PRIMARY USE THAT HAS A BAR IN IT WHERE YOU CAN GET DRINKS AND WHAT HAVE YOU, BUT IT HAS MUSIC PLAYING, YOU CAN DANCE AND ALL THAT KIND OF STUFF.

AND IT'S MORE OF A, MORE OF AN ATMOSPHERE, IF YOU WILL.

RIGHT.

FOR, UM, FOR ENTERTAINMENT PURPOSES.

OKAY.

THANK YOU.

I MEAN THAT'S, THAT, THAT'S WHAT KIND OF STANDS OUT IN MY MIND, RIGHT? YEAH.

AND THAT'S WHAT I WOULD ASSUME.

YEAH.

BUT I WAS, UM, AND, AND SO JUST FOR US AS COMMISSIONERS, SO RIGHT NOW WHAT OUR USE CHART IS SAYING IS THAT YOU CAN HAVE THAT BAR IN RETAIL SERVICES, BUT YOU CAN'T HAVE THAT, THAT NIGHTCLUB THAT CAN ONLY BE IN EITHER WAREHOUSE OR COMMERCIAL MANUFACTURING ZONINGS AS OF RIGHT NOW.

SO, UM, IF, IF WE AGREE WITH THAT, THAT'S PRETTY FINE.

IF WE DON'T, THAT'S FINE AS WELL.

WE CAN TALK ABOUT THAT.

UM, A COUPLE OTHER THINGS.

SO IN WAREHOUSE COMMERCIAL MANUFACTURING, I'VE GOT A FEW DIFFERENT ONES THAT ARE IN THAT ZONING THAT DON'T SEEM TO FIT WAREHOUSE COMMERCIAL MANUFACTURING ZONINGS.

UM, ONE OF THEM WILL BE MEN'S CLUB, ANOTHER WILL BE BOOKSTORE, ADULT DRINKING PLACE, MEN'S CLUB ESCORT SERVICE.

AND THEN ONE ITEM IS MODELING AND MASSAGE STUDIO.

THAT IS ONE ITEM, UM, TOGETHER, WHICH IS DIFFERENT THAN MASSAGE BECAUSE MASSAGE THERAPY IS IN CBD ONE.

SO, UM, WE HAVE THESE ITEMS THAT ARE CURRENTLY OF, THAT ARE CURRENTLY IN WAREHOUSE COMMERCIAL MANUFACTURING WHEN THEY DON'T NECESSARILY SEEM TO FIT WITH MOST, MOST EVERYTHING ELSE, WAREHOUSE OR COMMERCIAL MANUFACTURING SEEMS TO BE EITHER WAREHOUSE RELATED OR MANUFACTURING RELATED.

AND THEN WE HAVE THOSE IN THAT ZONING AS WELL.

WE NOW HAVE A ZONING, I DON'T KNOW IF IT'S HERE IN THE ORIGINAL CODE OR NOT.

WE HAVE AN ENTERTAINMENT ZONING AND THOSE ITEMS, WHAT I'M GOING TO SUGGEST TO OUR, TO THE COMMISSION WOULD BE BETTER SUITED FOR AN ENTERTAINMENT ZONING THAN THEY WOULD FOR A COMMERCIAL MANUFACTURING OR A WAREHOUSE ZONING.

CAN I ASK YOU WHERE THE YES.

WHERE THE ENTERTAINMENT ZONE FITS IN THE HIERARCHY OF THAT? IS IT, UM, THE ENTERTAINMENT ZONE IS AT THE VERY END? WELL, I, IT'S LIKE IT'S THIRD TO LAST.

UH, SECOND TO LAST I THINK.

UM, IT'S ON PAGE 35, 36 IF YOU HAVE THE PRINTED OUT ONE, WHICH IT'S ONLY 37 PAGES LONG ENTERTAINMENT.

UM, SO ENTERTAINMENT CAN HAVE MOST ANYTHING.

CBD ONE, CBD TWO RETAIL SERVICES, I THINK CAN ALL BE IN ENTERTAINMENT.

AND THERE IS A LIST OF ITEMS HERE THAT CAN BE IN ENTERTAINMENT SUCH AS AMUSEMENT PARK, BOWLING ALLEY, CAMP, COUNTRY CLUB, GOLF COURSE, HORSE STABLES, SKATING RINK, AND THOSE THAT ARE ON THE SCREEN IN FRONT OF YOU.

THESE ARE ENTERTAINMENT ZONING USES AS OF RIGHT NOW.

BUT AGAIN, YOU CAN STILL HAVE RETAIL SERVICE ITEMS OR OTHER ITEMS IN ENTERTAINMENT, BUT THESE ITEMS CAN ONLY BE AN ENTERTAINMENT FROM WHAT I UNDERSTAND.

UM, WHICH DO WE HAVE? IS THERE ENTERTAINMENT ZONING ALREADY IN KYLE? BECAUSE WE HAVE A BOWLING ALLEY AND I'M NOT SURE I, SORRY.

I CAN TELL THAT WAS NOT ZONED ENTERTAINMENT.

THAT QUESTION WILL ATKINSON, FOR THE RECORD, THAT QUESTION CAME UP A LONG TIME AGO AND I DON'T REMEMBER HOW WE RESOLVED IT, BUT I THINK AS, BECAUSE IT'S AN ANCILLARY, USE THE ARCADE AND BOWLING ALLEY AS PART OF EVO OKAY.

AS THE, UH, MOVIE THEATER.

RIGHT.

WHICH IS

[00:15:01]

ACTUALLY ALLOWED IN DEFINITELY RETAIL SERVICES.

IT MIGHT EVEN BE ALLOWED IN C TWO, BUT I DON'T REMEMBER OFFHAND.

THAT'S FINE.

UM, YEAH, I'M SORRY, THAT'S A RABBIT TRAIL.

I DON'T NEED TO GO DOWN, BUT NO, UH, TO ANSWER YOUR QUESTION, WE DO HAVE ENTERTAINMENT ZONING, AND IT IS RIGHT NOW FOR THESE SPECIFIC USES, MY SUGGESTION IS TO, UM, I I BELIEVE THE OTHER USES THAT I MENTIONED EARLIER, THE ESCORT SERVICE, THE MEN'S CLUB AND SUCH, UH, WOULD BETTER FIT IN THE ENTERTAINMENT ZONING THAN THEY WOULD IN WAREHOUSE OR COMMERCIAL MANUFACTURING.

SOMETHING ELSE TO KEEP IN MIND, I HAVE NOT HAD AN OPPORTUNITY TO DISCUSS THIS IDEA WITH, UH, OUR LEGAL TEAM.

UM, WHEN IT COMES TO, UM, WHILE, WHILE IT LOGICALLY MAKES SENSE, I UNDERSTAND WHERE YOU'RE GOING WITH THIS LINE OF THOUGHT.

WE HAVE TO BE CAREFUL FROM A, UM, FROM A USE PERSPECTIVE THAT WE ARE NOT, UM, UH, DISCRIMINATING AGAINST THOSE ADULT ORIENTED USES AS WELL.

UH, WE DO HAVE 'EM BY WRIGHT IN THE WAREHOUSE AND THE CM ZONING DISTRICTS BECAUSE I AS, FROM WHAT IT SEEMS LIKE, AND MIND YOU, I WASN'T HERE IN 2003 AND NOBODY, NOBODY'S BEEN ABLE TO EXPLAIN THIS TO ME.

SO I, I DON'T ACTUALLY KNOW THE ANSWER, BUT WHEN I, BACK IN 2003 WHEN THIS CODE WENT INTO PLACE, UM, WAREHOUSE AND CONSTRUCTION MANUFACTURING, WHICH IS OUR VERSION, WHAT WE CALL LIGHT INDUSTRIAL, WASN'T AS PREVALENT, UM, BACK AT THE TURN OF THE 21ST CENTURY IN THE KYLE AREA.

AND THE ONES THAT DO ALREADY EXIST, THEY ARE, UM, THERE'S NOTHING WRONG WITH THOSE BUSINESSES FROM A LIGHT INDUSTRIAL WAREHOUSING PERSPECTIVE, BUT THEY'RE MORE OF THE OLDER R PANEL STEEL BUILDINGS.

THEY DON'T MEET UP TO A MODERN CODE THAT WE ALREADY HAVE FROM A DEVELOPMENT STANDARD.

AND SO THE IDEA IS THAT FROM A BUILT ENVIRONMENT, I SUSPECT THEY WOULD PROBABLY, UH, FIT IN QUITE EASILY IN THOSE OLDER STYLE DEVELOPMENTS.

BUT NOW IN OUR WAREHOUSE AND CM ZONING DISTRICTS, WE'RE LOOKING AT CONCRETE TILT WALL, A HUNDRED THOUSAND SQUARE FOOT BUILDINGS, UM, THAT'S PRETTY PREVALENT BECAUSE OF THE WAY THE MARKET HAS CHANGED.

SO, OKAY.

AND, AND, AND THIS IS A GOOD POINT BECAUSE WHEN THIS WAS ORIGINALLY WRITTEN, WAREHOUSE WAS, WAS, WAS PRETTY SPARSE IN OUR CITY AND WAS NOT NEARLY, IT WAS NOT NEAR AS COMMON AS IT IS NOW.

BUT NOW BY RIGHT, IF THERE IS WAREHOUSE OR COMMERCIAL MANUFACTURING ZONED THAT ALREADY, YOU CAN BY RIGHT.

PUT IN ONE OF THESE ESTABLISHMENTS AND RIGHT NEXT TO, YOU KNOW, LEHMAN HIGH SCHOOL OR YOU'RE JUST DOWN THE ROAD FROM THEM, THE, UH, ACROSS THE STREET FROM POST OAK, WHAT WAS A CHURCH WHO WAS TRAIN TRYING TO CHANGE FROM WAREHOUSE TO, AND SO, SO IT IS, IT IS MUCH MORE PREVALENT.

IT IS MUCH MORE THROUGHOUT OUR CITY THAN IT WAS WHEN THIS WAS FIRST WRITTEN.

AND I AGREE WITH YOU, I DO NOT WANNA DISCRIMINATE.

THESE ARE STILL ALLOWABLE USES.

I FEEL THE ENTERTAINMENT WOULD BE BETTER SUITED FOR THEM.

WHAT I THINK MIGHT BE DISCRIMINATORY IS TO PUT THEM IN WAREHOUSE OR COMMERCIAL MANUFACTURING WHEN THEY HAVE NOTHING TO DO WITH WAREHOUSE OR COMMERCIAL MANUFACTURING.

AND, AND ALSO IS IT DISCRIMINATION TO PUT BOWLING ALLEY IN ENTERTAINMENT WHEN BOWLING ALLEY COULD EASILY BE IN RETAIL SERVICES OR SOMETHING ELSE AS WELL.

AND SO I UNDERSTAND WHAT YOU'RE SAYING MM-HMM.

, BUT I THINK IT IS COMPLETELY REASONABLE TO PUT THESE ENTERTAINMENT LIKE ITEMS ARE USES IN THE ENTERTAINMENT ZONING.

AND SO THAT'S THE ARGUMENT I WOULD MAKE.

I UNDERSTAND THAT YES, LEGAL WILL BE DISCUSSED, WE'LL DISCUSS, HAVE DISCUSSED WITH LEGAL THROUGH THE PROCESS.

YEAH.

BUT, UM, THIS IS GOING TO BE MY, UM, SO THIS IS WHAT I AM SUGGESTING, AND I JUST WANTED TO GET YOUR GUYS INPUT AT ALL BEFORE, IF YOU'D LIKE TO SAY ANYTHING BEFORE I'D MADE A MOTION OR IF YES, COMMISSIONER JAMES.

SO THEY'RE ALLOWABLE BY RIGHT UNDER THE WAREHOUSE, COMMERCIAL MANUFACTURING.

IF WE MOVE IT TO ENTERTAINMENT, WOULD IT FALL UNDER THE CASE BY CASE BASIS THAT EVERYTHING ELSE IN ENTERTAINMENT FALLS UNDER? SO WE HAD BEGUN HAVING CONVERSATIONS WITHIN THE LAST WEEK OR TWO INTERNALLY AS STAFF ABOUT INTERPRETATION OF THE EASE ON DISTRICT AND ITS WITHIN ITSELF.

UH, TRADITIONALLY HOW WE, WE VIEWED IT AS ENTERTAINMENT ZONING IS ESSENTIALLY A PUT, BECAUSE IT SAYS CASE BY CASE NEXT TO IT.

BUT IF YOU ACTUALLY LOOK AT THE COLUMNS, UM, IF YOU JUST FROM A LOGICAL STANDPOINT, GOING FROM RS C, B D TO ALL THE WAY DOWN, THOSE USES THAT ARE IN THAT FOLLOWING, LET'S SEE THE COLUMN RIGHT NEXT TO THE, THE STATED USE AMUSEMENT PARKS, IT'S ALLOWED IN THE E ZONING DISTRICT, YOU, YOU CAN DO IT.

AND THEN IF YOU LOOK AT THE NEXT COLUMN OVER AS THE SECONDARY ZONING ZONING, IT'S ALLOWED ON A CASE-BY-CASE

[00:20:01]

BASIS.

SO THAT'S A LOT MORE LOGICAL FROM THAT PERSPECTIVE.

UM, NOW FROM, WHICH MAKES THAT KIND OF UNCOMFORTABLE, QUITE FRANKLY.

I'LL BE HONEST.

AND I'LL SAY THAT OPENLY, UM, FROM A, UM, IF WE'RE CONSIDERING PUTTING POTENTIALLY THE, THOSE, UM, ADULT ORIENTED BUSINESSES IN THE ENTERTAINMENT ZONING DISTRICT OR, OR MOVING THEM AROUND AT ALL, BUT IT'S NO LESS COMFORTABLE THAN WHAT THEY ALREADY ARE ALREADY IN THE WAREHOUSE CM ANYWAY.

SO ABSOLUTELY.

IT'S MORE OF A, IT'S MORE OF A LATERAL SHIFT MORE THAN ANYTHING.

UM, THE QUESTION IS HOW CAN WE, IF I'M READING YOUR TRAIN OF THOUGHT CORRECTLY, AND THAT'S, THAT CAN BE DANGEROUS, I THINK, BUT YES SIR, THE QUESTION IS HOW DO WE ADEQUATELY PROTECT THE CITY AND THE CITIZENRY FROM USES THAT WE MAY NOT WANT TO SEE, BUT ALSO AT THE SAME TIME, NOT DISCRIMINATE AGAINST THEM, THOSE WHO SPECIFIC USES.

I'M, I'M SUGGESTING THIS TO BE BETTER CATEGORIZED.

OKAY.

THAT, UH, BECAUSE ONE, WHEN I, WHEN I SEE, YOU KNOW, SOMEONE COME UP AND REQUEST, I WOULD LIKE TO REZONE THIS PIECE OF LAND FROM AGRICULTURE TO WAREHOUSE.

I SEE WHAT P AND Z AND COUNCIL, I BELIEVE BOTH THINK, OKAY, WOULD A WAREHOUSE MAKE SENSE HERE OR NOT? MM-HMM.

, YOU KNOW, THEY DON'T NECESSARILY EVERY TIME GO BACK TO THIS LIST, SEE EVERYTHING ON THIS LIST AND THINK WHAT IS THE ONE THING ON THIS LIST I WOULD NOT NECESSARILY WANT TO PUT IN.

AND I THINK, YOU KNOW, GOING WITH THAT THOUGHT, WE SHOULD TRY TO KEEP THE WAREHOUSE AND COMMERCIAL MANUFACTURING ITEMS IN WAREHOUSE, COMMERCIAL MANUFACTURING ITEMS THAT ARE NOT WAREHOUSE OR COMMERCIAL MANUFACTURING SHOULD BE IN A DIFFERENT ZONING CATEGORY.

AND, UM, YES.

COMMISSIONER JAMES, IT'S STILL YOUR FLOOR.

I'M SORRY.

NO, YOU'RE FINE.

UH, HAVE WE EVER HAD A SITUATION INTO WHICH WHAT WE HAVE BEEN DISCUSSING AS THEORETICAL HAS EVER ACTUALLY HAPPENED? NO, NOT THAT I'M AWARE OF.

AT LEAST NOT SINCE I'VE BEEN EMPLOYED HERE.

RIGHT.

AND I'VE BEEN HERE FOR ABOUT SIX AND A HALF YEARS.

RIGHT.

BUT YOU HAVE TO HAVE THIS CONVERSATION PRIOR BECAUSE BY RIGHT.

THEY CAN BUILD.

SO WE HAVE THIS CONVERSATION NOW BEFORE IT COMES UP, IS THE QUESTION, IS WHAT I'M DISCUSSING.

WE HAVE TO ALSO BE CAREFUL ABOUT BEING DISCRIMINATORY.

YES, YES, ABSOLUTELY.

WHAT WERE THE, UH, CAN YOU GO BACK TO WHAT THE, SOME OF THE OTHER ONES WERE? UM, THE ONES THAT I LISTED, NOT ORIENTED, NOT, UM, NOT A SEXUALLY ORIENTED BUSINESSES.

THERE WAS A COUPLE OTHER ONES YEAH.

FROM, UM, SO THESE I WAS NOT NECESSARILY SUGGESTING, I JUST DIDN'T UNDERSTAND THEIR ZONINGS.

UM, OH, OKAY.

WELL, ONE CARNIVAL.

OH YEAH, CARNIVAL IS IN RETAIL SERVICES, BUT AMUSEMENT PARK IS IN ENTERTAINMENT THAT THE TWO HAVING VERY DIFFERENT ZONING, UH, USES DID NOT MAKE SENSE TO ME.

SO CARNIVAL IS ONE THAT I WOULD MENTION.

OKAY.

UM, I WOULD ALSO MENTION THAT I BELIEVE THAT BAR, UH, BAR VERSUS NIGHTCLUB SHOULD BE THE SAME AS NIGHTCLUB.

AND THEN THERE'S ALSO DRINKING PLACE NIGHTCLUB.

SO WE HAVE TWO DIFFERENT NIGHTCLUBS.

ONE WOULD DRINK, ONE DRINKING, ONE NOT.

UM, AND I BELIEVE BOTH OF THOSE SHOULD BE ON THE SAME AS BAR.

IF WE WANNA HAVE BAR IN RETAIL SERVICES, THEN I WOULD PUT NIGHTCLUB THERE AS WELL.

UH, NOT IN WAREHOUSE MANUFACTURING, BECAUSE AGAIN, I DO NOT SEE IT AS A WAREHOUSE OR MANUFACTURING TYPE USE.

UM, THAT IS WHAT I WOULD SUGGEST.

BUT THEN, YES, THE ITEMS THAT ARE CURRENTLY IN WAREHOUSE MANUFACTURING, THE, UM, OTHER ONES THAT I LISTED I DO THINK SHOULD BE MOVED TO IS THAT ADULT BOOK.

UH, I'M ABOUT TO, OH, HOLD ON.

YES, SIR.

UM, WHAT IF THEY SAY IN WAREHOUSE CAN, CAN THEY BE A CASE BY CASE, SORT OF LIKE THE ENTERTAINMENT? SO JUST LEAVE THEM THERE AND JUST CASE BY RIGHT.

THEY CAN BUILD, FROM WHAT I UNDERSTAND FOR RIGHT NOW, THE WAY IT READS BY RIGHT.

THEY CAN, UM, WE, I MEAN, THEY SAID SOMETHING THAT WOULD SEEM DISCRIMINATORY TO, TO, TO, TO HAVE THEM BE THE ONLY USE IN THAT ZONING THAT NEEDS A CASE BY CASE.

I'M, I'M, AGAIN, I'M TRYING TO PUT THEM IN A MORE SUITABLE ZONING.

RIGHT.

I THINK IT'S DISCRIMINATORY TO PUT THEM IN COMMERCIAL MANUFACTURING SLASH WAREHOUSE.

SO IT'LL BE A QUESTION THAT I ASK OF LEGAL.

RIGHT.

IN THE END, WE, WHATEVER WE, WHATEVER DIRECTION THAT Y'ALL POTENTIALLY RECOMMEND BY VOTE TO PROVIDE TO STAFF DIRECTION ON, UM, WE WILL ULTIMATELY TURN AROUND AND HAVE CONVERSATIONS WITH LEGAL OKAY.

JUST TO MAKE SURE WE'RE ON BOARD.

AND IT'LL BE FOR, AND IT WON'T JUST BE FOR, UH, ADULT ORIENTED BUSINESSES.

IT'LL BE FOR ALL OF THEM, BUT RIGHT.

THAT'S, THAT'S THE, THE ONE THAT'S REALLY PROMINENT.

RIGHT.

SO, UM, RIGHT.

SO YES, I, I MEAN THE

[00:25:01]

ONES THAT I LISTED, THE, THE SEXUALLY ORIENTED ONES, UH, UH, UM, I THINK SHOULD BE MOVED.

I, I'M ALSO UN, UNLESS THERE'S A REASON NOT TO, I THINK CARNIVAL SHOULD BE MOVED AS WELL.

I THINK A CARNIVAL SHOULD NOT BE ANY EASIER THAN THE AMUSEMENT PARK, BUT THAT IS ME.

WHAT ABOUT, UH, LIKE AN INDOOR FIRE RANGE? I MEAN, CAN WE, WE HAVE ALREADY TALKED THROUGH THAT, RIGHT? WE'VE ALREADY DISCUSSED THAT ONE.

YES.

THAT HAPPENED LAST YEAR.

YEAH.

IN 2022, WE PUT IT IN THE, THE E ZONING DIVISION.

IT IS IN THE E ZONING DISTRICT.

MM-HMM.

.

UM, AND THE, BUT, BUT, YOU KNOW, SO, SO THE, THE, UH, THE, THE NIGHTCLUB AND DRINKING PLACE NIGHTCLUB, I WASN'T NECESSARILY SAYING MOVE, MOVE TO ENTERTAINMENT.

MM-HMM.

, I WAS, THAT THAT WAS A DIFFERENT ITEM.

I MEAN, THAT WOULD BE A DIFFERENT MOTION I THINK IF WE GO OVER THAT ONE.

OKAY.

I, I THINK THAT IF WE ALLOW BAR IN RETAIL SERVICES, WE SHOULD ALLOW NIGHTCLUB AND RETAIL SERVICES AS WELL.

BUT THAT IS MY PERSONAL OPINION.

UM, YES SIR.

UH, AND THIS IS, CAN YOU TURN YOUR MIC ON? OH, YES.

SORRY.

UM, I HAVE A QUESTION TO WILL, AND THIS IS, UM, GONNA SOUND SILLY, BUT IN OUR CODE, WHAT IS THE DIFFERENCE BETWEEN CARNIVAL AND AMUSEMENT PARK? I DON'T NEED TO FIND THAT.

YEAH.

.

SO YEAH, YOU, YEAH.

UM, JASON LUTZ FOR THE RECORD.

UM, SO WHAT YOU'RE SEEING HERE ON THE SIT CODES, I JUST KIND OF WANT TO GIVE YOU ALL THE FYI, IS THESE ARE INDUSTRY STANDARD DEFINITIONS.

SO NOT, THEY DON'T ALWAYS MEAN WHAT YOU THINK THEY MEAN.

SO WE WE'RE DOING SOME RESEARCH AND WE LOOKED AT SOME OF THE DEFINITIONS AND, UM, IT WAS PRETTY STRAIGHTFORWARD.

WE THOUGHT IT MEANT THIS AND WE READ IT AND IT WAS A COMPLETE OPPOSITE.

SO IT'S VERY DIFFICULT TO KIND OF JUST LOOK AT THE DESCRIPTION.

YOU REALLY HAVE TO GO IN AND, AND LOOK AT IT.

I THINK SOME OF THE ISSUE IS SOME OF THESE NUMBERS HAVE CHANGED, SO JUST TRYING TO FIND THEM QUICK REFERENCE IS A LITTLE DIFFICULT.

SO WE'LL NEED TO, TO GET BACK WITH YOU ON SOME OF THE DISCREPANCIES.

UM, WE PROBABLY WILL SHARE THE, THE CODE LOOKUP SECTION FOR YOU, OR PRINT A NEW ONE SO YOU CAN HAVE AS A GUIDE, CUZ IT IS, IT IS A LITTLE BIT DIFFERENT THAN, THAN WHAT YOU'RE SEEING IN THERE.

SO I JUST KIND OF KEEP THAT IN MIND AS, AS YOU LOOK, UM, A LOT OF TIMES THE DIFFERENCE BETWEEN THE SIT CODES ARE NOT THE, UM, DEFINITION OR USE, BUT MORE ALONG THE LINES HOW IT MIGHT BE REGULATED.

UM, SO LIKE CARNIVALS AND THEME PARKS ARE REGULATED VERY DIFFERENTLY BY THE STATE.

AND SO THAT MAY BE THE DIFFERENCE IN ON WHAT THEY'RE DIFFERENT, NOT REALLY THE USE ITSELF.

SO JUST SOMETHING TO KEEP IN MIND AS Y'ALL START HAVING THOSE CONVERSATIONS.

OKAY.

THAT IS A QUESTION.

UM, I I, I HAVE ONE MORE QUESTION AB AB ABOUT THE ENTERTAINMENT ZONING.

AND SO I ACTUALLY NOTICED THERE WERE SOME ITEMS IN ENTERTAINMENT ZONING THAT I WAS A BIT CONFUSED AS TO WHY THEY WERE THERE AND NOT NECESSARILY IN RETAIL SERVICES.

UM, LET ME JUST LOOK AT IT QUICKLY.

SO BOWLING ALLEY WAS ONE GOLF COURSE MINIATURE, I UNDERSTAND WHY GOLF COURSE IS IN ENTERTAINMENT.

I DO NOT UNDERSTAND WHY GOLF COURSE MINIATURE IS IN ENTERTAINMENT.

IT SEEMS LIKE THAT WOULD VARY MUCH BE LIKE THE ARCADE OR THE OTHER ITEMS, RIGHT? SO, SO WE, YEAH, I DON'T KNOW EITHER.

OKAY.

IT'S AS SIMPLE AS THAT.

I DON'T KNOW THE ANSWER.

UM, YOU COULD MAKE THE ARGUMENT THAT, YOU KNOW, MAYBE YOU HAVE SOME SORT OF SOMETHING LIKE A, A PUTT PUTT, LIKE WHERE YOU HAVE THE GO-KARTS, THE BUMPER BOATS, THE INDOOR ARCADE, ALL THAT KIND OF STUFF ALL PUT TOGETHER.

I THINK THERE'S, THAT, THAT ONE THAT'S NORTH OF AUSTIN, I DON'T REMEMBER WHAT IT'S CALLED.

IF IT'S ON I 35.

UM, THEY ARE DEFINITELY ENTERTAINMENT BASED USES.

UM, BUT AT THE SAME TIME, UH, CDTS AND THOSE KIND OF PLACES ARE LIKE SMALL AMUSEMENT PARKS.

YEP.

UM, BUT AT THE SAME TIME, WE ALLOW, UH, PUBLIC, WELL, AT LEAST ON THE FLIP SIDE, IN THE OI ZONING DISTRICT, WE ALLOW PUBLIC GOLF COURSES IN THERE ALSO.

RIGHT.

SO IT'S NOT JUST AT LEAST ON THE, ON THE, ON THE MORE, UH, NON MINIATURE GOLF COURSES WE ALLOW IN TWO PLACES.

OKAY.

SO.

ALL RIGHT.

UM, OKAY.

ALRIGHT.

SO I THINK THIS IS A DISCUSSION WE NEED TO CONTINUE HAVING.

AND I THINK THERE ARE DIFFERENT ITEMS ON THIS LIST THAT NEED TO BE CONSIDERED.

THIS IS ONE REASON WHY I THINK THIS LIST NEEDS A COMPLETE OVERHAUL.

I VERY MUCH BELIEVE, AND I'VE THOUGHT THIS FOR A WHILE, BUT I DID NOT NECESSARILY WANT TO GET INTO THAT WHILE WE WERE ALSO IN THE MIDDLE OF DOING A COMP PLAN.

UM, SO FOR THE TIME BEING, I WOULD LIKE TO MAKE A FEW A, A A A A MOTION IN A MOMENT.

UM, SO WAIT, I'M SORRY.

THE, I'M NOT SURE IF I SHOULD INCLUDE CARNIVAL OR NOT, UM, BECAUSE I DON'T NECESSARILY UNDERSTAND THOSE DEFINITIONS YET.

IT IT'S OKAY.

IN MY OPINION, IF YOU INCLUDE IT, IT'S JUST ABOUT HOW YOU WORD THE MOTION.

OKAY.

SO, AND I'M NOT TRYING TO LEAD YOU.

NO, ABSOLUTELY.

BUT BECAUSE THIS DOESN'T HAVE A PUBLIC HEARING ASSOCIATED WITH IT AT THIS TIME, IF YOU WOULD, IF YOU DECIDE TO MAKE A MOTION AND Y'ALL, AS THE, AS THE COMMISSION APPROVE THE MOTION, IT NEEDS

[00:30:01]

TO BE TO DIRECT STAFF TO, UM, RESEARCH AND AMEND CODES OR BREAK BACK, BRING BACK AMENDMENTS ACCORDINGLY BASED ON WHAT Y'ALL ARE LOOKING FOR.

DOES THAT MAKE SENSE? NO, I HEAR YOU.

SO THAT WAY YOU'RE NOT ACTUALLY RECOMMENDING APPROVAL OF SOMETHING.

RIGHT.

OKAY.

UM, SHOULD I LIST THE SPECIFIC ITEMS THAT I AM MOTIONING OR THAT I AM SUGGESTING THAT YOU, THAT I'M DIRECTING YOU TO BRING BACK? OKAY.

YES.

THANK YOU.

I, UM, I'M GOING TO MAKE A MOTION TO DIRECT STAFF TO BRING BACK, UM, POSSIBLE OR TO BRING BACK, UM, AMENDMENTS.

UH, POSSIBLE AMENDMENTS.

POSSIBLE AMENDMENTS.

YES.

FOR THE FOLLOWING.

UM, DO YOU WANT THE CODE NUMBER OR JUST THE NAME? NO, WE CAN COME BACK AND WATCH THIS.

OKAY.

RECORDATION AND LOOK AT OUR NOTES TOO.

THANK YOU.

MAKING THE MOTION TO FOR STAFF TO BRING BACK, UH, POSSIBLE AMENDMENTS FOR, UH, USES FOR CARNIVAL, FOR MEN'S CLUB, FOR BOOKSTORE ADULTS, FOR DRINKING PLACE, MEN'S CLUB, FOR ESCORT SERVICE, AND FOR MASSAGE MODELING AND MASSAGE STUDIO TO BE MOVED FROM THEIR CURRENT ALLOWABLE ZONINGS TO THE ENTERTAINMENT ZONING DISTRICT.

IS THAT MOTION ACCEPTABLE? IT IS.

OKAY.

AND IF, IF I MAY, DID YOU WANT TO ALSO ADDRESS THE BAR VERSUS NIGHTCLUB VERSUS DRINKING PLACE? NIGHTCLUB QUESTION.

IT'S A F APPEAL MOTION.

WE'LL DO THAT IN A SECOND.

OKAY.

SO I HAVE MADE A MOTION, IS THERE A SECOND? I SECOND YOUR MOTION.

THANK YOU.

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

UM, THIS IS TO DIRECT STAFF TO BRING BACK POSSIBLE, UM, AMENDMENTS TO ALLOWABLE USES ZONING.

COACH, ARE THERE ANY COMMENTS ON THE MOTION? ANY DISCUSSION ON THE MOTION? UH, I'VE GOT A LITTLE BIT OF TROUBLE WITH SOME OF THE NAMES, LIKE, UH, WHAT WAS ONE OF THEM THERE? UM, MEN'S CLUB.

YES.

THEY SEEM TO BE EU EUPHEMISMS FOR, FOR SEX CLUBS OR, OR STRIP CLUBS OR SOMETHING LIKE THAT.

I'D PREFER THAT THE NAMES BE EXAMINED.

AND IF WE MEAN A STRIP CLUB, LET'S SAY STRIP CLUB RATHER THAN JUST, I THINK THEY WERE USING INDUSTRY STANDARD WORDINGS IS WHAT, IS WHAT I BELIEVE YOU WERE SAYING EARLIER.

IS THAT CORRECT? THAT'S A DEFINED TERM KIND OF THING.

YES.

SO THE, THESE ARE FEDERAL STANDARDS.

UM, I'D LIKE TO GIVE AN EXAMPLE.

LET'S GO, UH, TIG LAWON.

BUT, UM, IF WE WANTED TO TALK, UH, THE DIFFERENCE BETWEEN AMUSEMENT PARKS AND, AND, AND THEME PARKS.

SO UNDER, UNDER THE, ARE THE CODES ON THE FEDERAL STANDARDS.

UM, AMUSEMENT AND THEME PARKS ARE COM UH, COMPANIES, UH, INDUSTRY THAT COMPRISES ESTABLISHMENTS, KNOWS AND AMUSEMENT OR THEMES, PRIMARILY ENGAGED IN OPERATING OF VARIETY OF ATTRACTIONS, MECHANICAL RIDES, WATER RIDES, GAME SHOWS, THEME EXHIBITS, KIND OF WHAT PEOPLE THINK ABOUT, UH, A TRADITIONAL, UH, AMUSEMENT PARK.

WHEN FOLKS THINK OF CARNIVALS, THEY KIND OF THINK OF THE SAME THING, SMALLER SCALE, BUT THIS DEFINITION IS ACTUALLY A LITTLE DIFFERENT.

IT DESCRIBES THESE AS INDUSTRY, UH, COMPRISES COMPANIES OR GROUPS EXCEPT THEATER COMPANIES, DANCE COMPANIES, MUSICAL GROUPS, AND ARTISTS PRIMARILY, PRIMARILY ENGAGED IN PRODUCING LIVE THEATRICAL PRESENTATIONS.

SO THEIR, THEIR TITLE AND WHAT THEY MEAN CAN BE VERY, VERY DIFFERENT.

OKAY.

UM, RIGHT.

SO THE MOTION RIGHT NOW IS NOT NECESSARILY TO MOVE THESE, THE MOTION IS FOR STAFF, RIGHT.

TO COME BACK WITH THESE.

SO WE WILL BE, YOU KNOW, IF THIS MOTION PASSES, WE WILL STILL BE DISCUSSING THIS AGAIN IN THE FUTURE AND MAY CHOOSE SOME OF THESE AND NOT OTHERS TO RECOMMEND THEY GET MOVED OR NOT.

SO WE'RE JUST, THAT'S WHAT THE MOTION IS RIGHT NOW.

UM, IS THERE ANY OTHER, UH, DISCUSSION ON THE MOTION? YES, COMMISSIONER JAMES? YEAH, I MEAN, I THINK WE COULD PROBABLY GO DOWN THE LIST OF ALLOWABLE USES THAT WE HAVE AND FIND MANY PLACES FOR THEM.

BUT I DO THINK THAT IT DOES MAKE SENSE SINCE THESE ARE AGREED JUST IN A WAY THAT WE CAN HAVE A VERY LONG DISCUSSION ON A, ON A TUESDAY NIGHT AND THE FOURTH TUESDAY, UM, ON WHAT IS, YOU KNOW, ORIGINALLY A NON-VOTING MEETING AND NOW A VOTING MEETING.

UM, I I, I, I GET WHERE YOU'RE COMING FROM ON THAT AND I THINK THAT LIKE, IT DOES MAKE SENSE TO, UM, ALSO EXAMINE THE DIFFERENT, THE DIFFERENCE BETWEEN THE, UH,

[00:35:01]

NIGHTCLUB AND THEN THE DRINKING VERSION OF THE NIGHTCLUB, IF THOSE JUST HAVE STILL REMAIN REMAINED THE SAME OR IF THEY HAVE CONDENSED OVER TIME.

CAUSE I FEEL LIKE THEY PROBABLY WILL HAVE CONDENSED OVER TIME.

OKAY.

ALL RIGHT.

UH, YES, UH, WE'LL GET TO THAT AS SOON AS THIS MOTION IS DONE.

UM, IS THERE ANY OTHER DISCUSSION ON THIS MOTION? OKAY.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

NEXT.

I WOULD ALSO YES, LIKE TO MAKE A MOTION TO, UH, DIRECT STAFF TO BRING BACK POSSIBLE CHANGES TO THE ZONING CODE FOR, UM, NIGHTCLUB AND DRINKING PLACE NIGHTCLUB TO, UM, BE IN LINE WITH BAR, UM, OR I KNOW WHERE YOU'RE GOING WITH IT.

YEAH.

, I MEAN THE, OR I GUESS TO EXAMINE ALL THREE.

UH, YES.

SORRY, LET'S START OVER.

I'D LIKE TO MAKE A MOTION TO DIRECT STAFF TO, UM, BRING BACK POSSIBLE CHANGES TO THE ZONING FOR BAR NIGHTCLUB AND NIGHTCLUB DRINKING PLACE.

THANK YOU.

UH, IS THERE A SECOND TO THAT MOTION? SECOND.

THANK YOU.

IT'S BEEN MOVED BY MYSELF.

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

IS THERE ANY DISCUSSION ON THAT MOTION? TWO.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

ACTUALLY ALL OPPOSED.

MOTION PASSES.

OKAY.

THAT IS ALL I HAD AS FAR AS MOTIONS FOR THIS.

UM, WE ARE TALKING ABOUT THE ZONING AS A WHOLE RIGHT NOW.

IF ANYONE ELSE HAS ANYTHING ELSE THEY'D LIKE TO SAY OR ANY OTHER MOTIONS THAT YOU'D LIKE TO MAKE, WE CAN OR WE CAN MOVE FORWARD.

YES, SIR.

UM, I THINK THIS IS A, A, A QUESTION FOR THE BODY, BUT IT SEEMS LIKE SINCE WE'VE HAD A LOT OF DISCUSSION ABOUT N NA I CS CODE, SHOULD WE HAVE AN UPDATE OR I N I S OR N I I C S CODES, OR ARE THOSE GOING TO BE SOMETHING THAT, UH, COMES THROUGH THE COMPREHENSIVE ZONING UPDATE ALREADY? WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD.

SO THE COMPREHENSIVE PLAN FORMS THE FOUNDATION OF HOW WE WANT THE, THE CITY TO DEVELOP DIFFERENT DEVELOPMENT TYPES IN THE FUTURE BASED ON PART OF IT BEING THE LAND USE MAP, SOME OF IT BEING, UM, WHERE PEOPLE WANT TO SEE, I DON'T KNOW HOW AREAS DEVELOP BASED ON INFRASTRUCTURE, ALL THAT KIND OF FUN STUFF.

RIGHT.

THE FOLLOW UP STEP TO APPROVING A COMPREHENSIVE PLAN IS A CODE REWRITE.

SO THAT IS ON OUR TO-DO LIST, UM, RIGHT AROUND THE NEXT FISCAL YEAR START.

THE INTENT IS THE COMPREHENSIVE PLAN WILL BE WRAPPED UP BY SEPTEMBER, OCTOBER AT THE LATEST WITH ON THE HEELS OF THAT KICKING OFF A CODE REWRITE.

UM, AND SO, AND IF WE CAN, BUT IT'S, IT'S GONNA BE A MASSIVE LIFT TO DO SO.

AND IT PARTIALLY, AND, AND IT, A LOT OF IT HINGING ON HOW, HOW WE HAVE OUR CODE UP UPDATE AND REWRITE IS LARGELY HINGES ON THE OUTCOME OF THE COMPREHENSIVE PLAN.

SO I, I THINK WE'RE ALL, IT'S NOT TOO FAR OF A STRETCH TO SAY SPEAKING FOR EVERYBODY.

WE'RE ON THE ROUGHLY THE SAME PAGE THAT WE DO BELIEVE THAT SSIS SLASH N NI NA NA NIS CS CODES , THERE, THERE IT IS.

N NA I CS CODES ARE, UM, COMPLETELY OUTTA DATE IS FROM, IT'S LITERALLY TWO DECADES AGO.

UM, RIGHT AS WE HIT HOME RULE STATUS, WE HAD TO GET A CODE QUICKLY IN PLACE AND THANKS CHANGE.

SO, UM, THAT WILL, THAT SHOULD BE A COMPONENT OF IT.

HOW IT'S GONNA BE REFLECTED, WE DON'T KNOW YET.

UM, BUT IT WILL BE, SO, OKAY.

THANK YOU.

ALL RIGHT, WE WILL MOVE ON.

UM,

[7.  General Discussion]

ITEM NUMBER SEVEN, GENERAL DISCUSSION SEVEN.

A DISCUSSION ONLY REGARDING PLANNING AND ZONING COMMISSION REQUEST FOR FUTURE AGENDA ITEMS. DOES ANYONE HAVE ANY ITEMS THEY WOULD LIKE TO SEE ON A FUTURE AGENDA? I DO, YES, MA'AM.

OH, CAN YOU HEAR ME? YES, PLEASE GO AHEAD.

PERFECT.

THANK YOU.

UM, SO ONE THING I'VE NOTICED IN QUITE A NUMBER OF MEETINGS, THE ITEMS THAT ARE PRESENTED TO US IN THE STAFF MEMO, IT SAYS THAT THE, UM, THE ITEM DOESN'T MATCH THE CURRENT IDEALS OR, UM, LET ME SEE THE EXACT LANGUAGE.

THE OVERALL DESIGN AESTHETIC AND COLOR PALETTE DOES NOT MATCH THE CURRENT IDEALS WITHIN THE I 35 OVERLAY STANDARD FOR THE PREFERABLE APPEARANCE OF THE KYLE I 35 CORRIDOR.

HOWEVER, NOT EVERY COMMERCIAL BUILDING NEEDS TO HAVE THE RED BRICK AND WHITE LIMESTONE PREFERENCE.

[00:40:01]

AESTHETIC WRITING IS A GOOD IDEA SO AS TO PROMOTE ARCHITECTURAL DIVERSITY WHEN THE, WITHIN THE CITY OF KYLE, UM, IN MY FEW MONTHS ON THE COMMISSION, MOST OF THE, THE ONES WE'VE SEEN HAVE HAD THAT COMMENT ABOUT HOW IT DOESN'T, UM, ALIGN WITH THAT IDEAL.

UM, I AGREE ARCHITECTURAL DIVERSITY IS GOOD, BUT I WOULD BE INTERESTED TO HEAR FROM THE STAFF SOME DATA ABOUT WITHIN THAT KYLE I 35 CORRIDOR, UM, HOW ARE WE DOING? UM, DO WE HAVE ANY KIND OF RATIO OR INFORMATION ABOUT, OKAY, ARE WE 50%, YOU KNOW, IN THE IDEAL, ARE WE 30% IN THE IDEAL? ARE WE 80% IN THE IDEAL? UH, JUST CUZ THAT IS SUCH A BIG CORRIDOR WITHIN THE CITY, I'M CURIOUS HOW IT'S DEVELOPING CUZ THERE'S A LOT OF THINGS THAT HAVE BEEN, UM, APPROVED OR IN THE WORKS, BUT WE DON'T ACTUALLY SEE IT YET.

SO, UM, I THINK IT WOULD HELP US MAKE SOME MORE EDUCATED DECISIONS ABOUT, UH, HOW WE VOTE ON SOME OF THOSE ITEMS. THANK YOU.

OKAY.

ARE THERE ANY OTHER ITEMS WE'D LIKE TO SEE ON A FUTURE AGENDA? ALL RIGHT, WE'LL MOVE ON.

ITEM

[8.  Staff Report]

NUMBER EIGHT, STAFF REPORT EIGHT.

A STAFF REPORT BY WILLIAM ATKINSON, DIRECTOR OF PLANNING.

ALL RIGHT, WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD.

UM, SO WE, FOR BOTH THE DOWNTOWN MASTER PLAN AND THE COMPREHENSIVE PLAN, UH, CITYWIDE COMP PLAN REWRITE, UH, IN THE LAST WEEK OR TWO, WE'VE WRAPPED UP BOTH OF THOSE ITEMS FROM THE PUBLIC OUTREACH PERSPECTIVE.

UM, WE HAD A MASSIVE TURNOUT FOR THE DOWNTOWN MASTER PLAN AND WE ALSO HAD, UM, A LITTLE BIT LESS, A FEWER PEOPLE ON THE, ON THE, THAT CAME IN PERSON FOR THE COMPREHENSIVE PLAN FOR THE FIVE, UM, EVENTS WE DID.

BUT WE HAD A LOT OF, UM, PEOPLE COMING IN ONLINE TOO.

SO WE, WE, IT WAS PRETTY WELL ROUNDED ACTUALLY.

UH, THE NEXT STEPS ON THOSE, AT LEAST ON THE DOWNTOWN MASTER PLAN, WE'RE GONNA BE ASSESSING THE DATA AND, AND MAKING SURE THAT'S ACCOUNTED FOR APPROPRIATELY AND GETTING THAT ALL WORKED INTO THE, THE UPDATE, UH, INCORPORATING BOTH COMMENTS FROM THE PLANNING AND ZONING COMMISSION, CITY COUNCIL, AND ALSO, UM, CITIZENS AS WELL FROM THAT.

AND THEN WE'RE GONNA PRESENT A DRAFT, UH, FOLLOWING THAT, WE DON'T HAVE A SPECIFIC TIMELINE, BUT I WANT TO DO IT WITHIN THE NEXT COUPLE MONTHS.

AND I WANNA SAY A COUPLE OF MEAN TOO, THAT'S THE, I IDEALLY, UM, CUZ WE DON'T WANT TO JUST SITTING OUT THERE AND NOT DOING ANY WORK, RIGHT.

UM, ON THE COMPREHENSIVE PLAN, UH, THE NEXT STEPS ARE GOING TO BE WORKING ON, UM, STARTING TO GET THE DOCUMENT TOGETHER FROM A DRAFT PERSPECTIVE.

THAT'S WHAT VERTED VERITY IS GOING TO DO.

AND ALSO WORK ON THE UPDATED FUTURE LAND USE MAP.

THAT'S THEIR, THAT'S THEIR BIG TICKET ITEM COMING DOWN THE PIPELINE.

UM, LET'S SEE.

THERE IS AN OPPORTUNITY, UH, THIS IS COMING UP RELATIVELY QUICKLY IN ABOUT FIVE WEEKS OR SO.

UM, FIVE TO SIX WEEKS DEPENDING ON HOW YOU LOOK AT THE CALENDAR.

UM, WE HAVE THE NATIONAL PLANNING CONFERENCE, UM, ON APRIL THE FIRST THROUGH THE FOURTH.

THAT'S WHEN THE ACTUAL, UM, UM, SESSIONS ARE, UM, AS STAFF IS PROBABLY GOOD.

AND IF COMMISSIONERS, IF Y'ALL ARE INTERESTED IN GOING, UM, PROBABLY LEAVING THE DAY BEFORE THAT AND THEN FLYING BACK THE DAY AFTER.

SO THAT IS, UH, FRIDAY, THE MARCH, THE 31ST THROUGH WEDNESDAY, THE 5TH OF APRIL.

THAT IS ON, UM, THAT IS THE WEEKEND BEFORE, UH, EASTER, SO PALM SUNDAY AND ALL THAT.

SO SOMETHING TO KEEP IN MIND IF THAT MIGHT CAUSE SOME ISSUES IF FOR TRAVELING, UM, WITH YOUR FAMILY.

SO, BUT LET US KNOW, UH, AS SOON AS YOU CAN IF YOU'RE, IF YOU'RE WANTING TO GO, UM, THERE IS A SPECIFIC LINE ITEM IN THE PLANNING BUDGET FOR THE PLANNING AND ZONING COMMISSION TO, FOR, FOR TRAVEL, JUST LIKE WE DID AT THE STATE CONFERENCE IN EL PASO LAST YEAR.

SO JUST, UH, SHOOT US AN EMAIL AND WE CAN START WORKING ON THAT.

YES, SIR.

UH, WHERE'S THE, UH, CONFERENCE? OH YEAH, THAT'S, THAT PART'S KIND OF IMPORTANT TOO, ISN'T IT? ? IT'S IN PHILADELPHIA, PENNSYLVANIA.

SO MAKE SURE YOU GOT YOUR, UH, YOUR WORKOUT CLOTHES JUST LIKE ROCKY DOES.

SO WE CAN GO ON A JOG? NO, MAYBE.

OKAY.

JERSEY .

UH, BUT YEAH, THAT'S WHERE IT'S GONNA BE.

UM, AND, UH, LET US KNOW AS QUICKLY AS YOU CAN IF YOU WANT TO GO, IF YOU'RE ABLE TO GO AND THEN WE WILL, WE'LL ACCOUNT FOR THAT.

UM, I DON'T HAVE ANYTHING ELSE OFFHAND, SO.

YEAH.

THANK YOU.

UM, ITEM NUMBER NINE, ADJOURNMENT.

I'D LIKE TO MAKE A MOTION TO ADJOURN.

IS THERE A SECOND? SECOND.

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

AYE.

AYE.

AYE.

ALL OPPOSED? WE ARE ADJOURNED.

GOODNIGHT EVERYONE.