[00:00:01]
[1. Call Meeting To Order]
GOOD EVENING.TODAY IS TUESDAY, SEPTEMBER 12TH.
AND I'D LIKE TO CALL THIS REGULARLY SCHEDULED MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER.
CAN I HAVE A ROLL CALL PLEASE? TO LORI? HERE, MAHA? HERE.
UM, AT THIS POINT I'D LIKE TO SAY WELCOME TO OUR NEW, UH, MEMBERS.
THANK YOU FOR YOUR, FOR YOUR VOLUNTEERING.
[3. Minutes]
MINUTES.ITEM THREE A, PLANNING ITS OWN COMMISSION MEETING, MINUTES FOR THE JOINT MEETING, AND THE SPECIAL CALLED MEETING ON AUGUST 29TH, 2023.
UH, WE REQUIRE A MOTION AND A SECOND TO APPROVE THE MINUTES.
I MAKE A MOTION TO APPROVE THE MINUTES.
SO WE HAVE A MOTION FROM COMMISSIONER MATA AND A, UH, SECOND FROM COMMISSIONER SIEGEL TO APPROVE THE MINUTES.
UH, NOW WE'LL VOTE ON THE MATTER.
THE AYES HAVE IT AND THE MOTION CARRIES.
[4. Citizen Comments]
COMMENTS.ITEM FOUR, A CITIZEN COMMENT PERIOD.
THE PLANNING ITS ZONING COMMISSION WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA FOR REGULAR MEETINGS.
SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY MATTER CONCERNING CITY BUSINESS.
UH, BUT I WOULD ASK YOU TO OBSERVE THE THREE MINUTE TIME LIMIT.
UM, I THINK TONIGHT WE HAVE, UH, ALEX, ALEX SQUARE.
I AM A FORMER RESIDENT AND FORMER, UM, COMMISSIONER ON THE ON THE PLENTY ZONING COMMISSION.
I JUST WANNA THANK YOU FOR WHAT YOU GUYS DO FOR OUR CITY.
THANK YOU FOR YOUR DEDICATION.
I AM, UH, VERY MUCH WANNA CONGRATULATE BOTH, UH, VICE-CHAIR DELORE AND, UH, AND MADAME CHAIR ANKIN, UH, FOR THEIR APPOINTMENTS.
IT IS WELL DESERVED, AND YOU ALL HAVE SHOWN, UM, GREAT DEDICATION TO YOUR ROLES HERE.
THANK YOU TO EVERYONE FOR GIVING TO GIVING OF THE CITY.
THANK YOU FOR THE WORK YOU CONTINUE TO DO ON THE COMP PLAN AND HOW IT'S GOING TO FUTURE AFFECT THE FUTURE OF OUR CITY.
I ALSO WANT TO THANK, UH, BOTH TRACY AND, UH, TRACY AND DANIEL SERRANO FOR YOUR WILLINGNESS TO SERVE OUR CITY.
UM, THERE IS A LOT TO BE DONE AND I EXPECT VERY GOOD THINGS FROM YOU ALL GOING FORWARD.
THANK YOU ALL FOR WHAT YOU DO.
THAT'S, UH, VERY GRACIOUS OF YOU.
IS THERE ANY OTHER CITIZEN COMMENTS AT THIS TIME? ALRIGHT, MOVING ON.
[A. Presentation and discussion on statutes and regulations applicable to the Planning and Zoning Commission; and role and responsibilities.]
WORK SESSION NUMBER FIVE, A PRESENTATION AND DISCUSSION ON STATUTES AND REGULATIONS APPLICABLE TO THE PLANNING AND ZONING COMMISSION AND THE ROLE AND RESPONSIBILITIES.UH, AT THIS TIME, I'M GONNA ASK MR. WILL ATKINSON, UH, DIRECTOR OF PLANNING TO KICK OFF THIS WORK SESSION.
ALL RIGHT, UH, WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD, UM, AS, UH, WE HAVE A COUPLE OF NEW FACES ON THE, UH, COMMISSION AND, UH, WE HAVEN'T REALLY HAD MUCH TRAINING OVER THE PAST YEAR OR SO.
UM, WE, UH, STAFF AND, UH, ADMINISTRATION FIGURED IT WAS A GOOD TIME TO PROVIDE SOME TRAINING.
SO THEN WHAT THIS TRAINING IS MOSTLY GONNA COVER TONIGHT IS, UH, RELATED TO, UM, WHAT BOTH STATE LAW, THE CITY CHARTER AND OUR CODE ALLOWS FOR THE PLANNING AND ZONING COMMISSION TO ATTEND TO WHEN ITEMS COME TO Y'ALL.
UM, THINGS YOU HAVE TO CONSIDER, UH, JUST GENERAL RULES OF HOUSEKEEPING AND, AND WHAT HAVE YOU IN THE OPEN MEETINGS ACT.
SO I'M GONNA GO THROUGH A FIRST, UH, FEW SLIDES AND THEN, UM, PAIGE, OUR LEGAL COUNSEL, IS GONNA TAKE OVER THE REST FROM THERE.
SO THE, UM, THE PLANNING AND ZONING COMMISSION FROM A STATE
[00:05:01]
REQUIREMENT PERSPECTIVE IS, UH, IN PRIMARILY CHAPTER TWO 11 AND CHAPTER TWO 12, UH, PER STATE LAW.UM, SECTION TWO 11.007 FOR THE ZONING COMMISSION REQUIRES REVIEW AND A VOTE OF ZONING RECOMMENDATIONS, WHICH IS WHAT Y'ALL SEE, UH, WHEN A, WHEN A ZONING OR REZONING APPLICATION COMES TO Y'ALL, WHETHER IT'S PART OF STRAIGHT ZONING OR A PLANNED UNIT DEVELOPMENT.
UM, SECTION TWO, 12.006, UH, GRANTS Y'ALL THE AUTHORITY, UM, TO BE RESPONSIBLE FOR APPROVED APPROVAL GENERALLY RELATING TO MAJOR PLATTS AND PRELIMINARY PLANS.
SO WHEN A SUBDIVISION IS BEING PROPOSED, STAFF REVIEWS IT FOR COMPLIANCE AND WE BRING IT TO Y'ALL TO MAKE SURE THAT Y'ALL ARE APPROVING IT AS THE APPROVAL BODY.
AND Y'ALL WILL SEE THAT FROM TIME TO TIME.
THERE'S EVEN A COUPLE OF, UH, PLATS ON THE AGENDA TONIGHT.
AND THEN, UM, SECTION TWO 12.0065 IS, UH, THE DELEGATION OF APPROVAL OF RESPONSIBILITY.
UH, THIS IS A NEW LAW THAT JUST PASSED THIS YEAR WHERE, UM, THE GOVERNING BODY MAY DELEGATE RESPONSIBILITY, APPLIED APPROVAL TO MUNICIPAL EMPLOYEES IS WHAT IT BOILS DOWN TO.
SO, UM, THAT'S NOT CURRENTLY WHAT A CODE SAYS, UH, BUT IT, THERE'S MULTIPLE NEW LAWS THAT HAVE COME INTO PLAY, AND WE ARE LOOKING AT THOSE FOR JUST, UH, MAYBE LOOKING AT UPDATING OUR CODE AND WHAT HAVE YOU.
WE MAY LOOK AT THIS SECTION SPECIFICALLY.
WE MAY NOT, WE HAVEN'T REALLY DECIDED YET, BUT I JUST WANNA MAKE SURE THAT Y'ALL ARE AWARE THAT IT'S, IT'S ON, IT'S ON OUR RADAR AT THE SAME TIME IN THE CITY CHARTER IN SECTION TWO DASH SIX EIGHT.
UM, FROM AN OVERVIEW OF THE PLANNING ZONING COMMISSION, UM, MEMBERS MUST RESIDE IN THE CITY OF KYLE INSIDE THE CITY LIMITS FOR AT LEAST SIX MONTHS.
AND WE HAVE TO HAVE A MINIMUM OF FIVE MEMBERS, UH, WITH A MAXIMUM OF SEVEN MEMBERS REQUIRED.
UM, WE DO, FROM A PRACTICAL PERSPECTIVE, LIKE HAVING A FULL FULLY SEATED COMMISSION.
UM, IT, UH, IT GETS COMPLICATED REALLY FAST IF WE'RE NOT FULLY SEATED, AND WE HAVE TO WHEN WE NEED MAJORITY VOTES AND WHAT HAVE YOU.
SO, UM, BEING FULLY STAFFED IS GOOD FROM THIS PERSPECTIVE.
UM, AND THEN IN SECTION TWO DASH SIX NINE, UH, IT'S A MINIMUM OF A TWO YEAR APPOINTMENT WITH ALTERNATING TERMS EVERY OTHER YEAR FOR ELECTIONS.
AND IF YOU GO TO THE, UH, IF YOU GO TO THE CITY PLANNING WEBSITE, IT SHOWS WHO'S ON THE BOARD OR WHO'S ON THE COMMISSION.
IT SHOWS WHEN THEIR, THEIR SEAT WAS ESTABLISHED AND WHEN THEIR APPOINTMENT WAS, UH, IS ENDING AS WELL.
AND THEN THERE'S SOME ADDITIONAL, UH, PORTIONS OF THE CHARTER, AND HERE WE GO.
ALL RIGHT, SO, AND THIS IS, THIS PART GETS REALLY WORDY, SO I APOLOGIZE.
UM, YOU CAN ASK IF YOU, IF YOU'RE DRIVING THROUGH TOWN AND YOU SEE LIKE A SITE THAT'S UNDER CONSTRUCTION OR AN AREA THAT YOU HAVE CONCERNS WITH, YOU CAN ASK THE CITY MANAGER, UH, TO HAVE AN INSPECTION FOR THE SITE.
AND WE CAN LOOK AT THAT AND SEE IF THERE'S A, UM, ANYTHING THAT NEEDS TO BE ACCOUNTED FOR.
UH, REVIEW, MONITOR, OVERSEE, AND MAKE RECOMMENDATIONS TO THE CITY MANAGER AND CITY COUNCIL FOR ADJUSTMENTS TO THE COMPREHENSIVE PLAN, WHICH IS OUR DOCUMENT.
THAT'S THE FOUNDATION OF HOW DEVELOPMENT OCCURS INSIDE THE CITY.
UM, WHICH IS A BIG DEAL RIGHT NOW BECAUSE WE ARE IN THE PROCESS OF WRAPPING THAT UP OVER THE NEXT MONTH AND A HALF.
AND, UH, WITH, THEY PRETTY MUCH HAVE A NEW PLAN.
SO, UM, IT'S A VERY IMPORTANT ASPECT OF THIS.
UH, ALSO REVIEW, MONITOR AND OVERSEE, MAKE RECOMMENDATIONS FOR ZONINGS, WHICH I PREVIOUSLY MENTIONED.
UM, THESE ARE RECOMMENDATIONS, UH, TO THE CITY COUNCIL.
CITY COUNCIL IS ULTIMATELY THE BODY THAT DOES APPROVE OR DOES NOT APPROVE ZONING RECOMMENDATIONS, UM, PER OUR CHARTER, EXERCISING ALL THE POWERS OF THE COMMISSION AS TO APPROVAL OR DISAPPROVAL PLANS, PLATTS, UH, RELAS, VACATION PLANS, PLATS, RELAS AND WHAT HAVE YOU, UH, FOR PROPER SUBDIVISION.
AND ALSO STUDYING, MAKE RECOMMENDATIONS ON THE LOCATION, EXTENSION, PLANNING, ET CETERA, FOR, UH, PUBLIC RIGHT OF WAY, PARKS AND OTHER PUBLIC SPACES AS REQUESTED BY THE CITY MANAGER OR THE CITY COUNCIL.
ADDITIONAL DUTIES, THERE'S QUITE A FEW OF THESE, SO JUST BEAR WITH ME.
UM, STUDY AND MAKE RECOMMENDATIONS CONCERNING THE CAPITAL IMPROVEMENTS PROGRAM, INCLUDING DESIGN, CONSTRUCTION, AND GENERAL LOCATION OF VIADUCTS FIXTURES FOR THE STREETS, UH, THE STRUCTURES AND APPURTENANCES, AND MAKE RECOMMENDATIONS ON A DESIGNER ALTERATION WHEN IT COMES TO CITY PROPERTY FOR ART.
INITIATING THE NAME OF THE CITY AS REQUESTED BY THE CITY MANAGER OF THE CITY COUNCIL.
PROPOSALS FOR THE OPENING, VACATING, OR CLOSING OF PUBLIC RIGHT OF WAY, PUBLIC SPACES, THE ORIGINAL ZONING OF ANNEXED AREAS, AND FOR THE CHANGE OF ZONING DISTRICT BOUNDARIES ON AN AREA WIDE BASIS.
NUMBER EIGHT, REVIEW, MONITOR, OVERSEE, AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL AND CITY MANAGER POLICIES AND REGULATIONS CONSISTENT WITH THE ADOPTED,
[00:10:01]
UH, PLANS, GOVERNING LOCATION OR OPERATION OF UTILITIES, PUBLIC FACILITIES OR OTHER, OR AREAS SERVICED OR UNDER THE CONTROL OF THE CITY.UH, MAKE RECOMMENDATIONS TO THE CITY COUNCIL, CITY MANAGER REGARDING ANNEXATION.
UM, MAKING SURE Y'ALL ARE UP TO DATE IN THE, IN THE REFERENCES IN THE, TO THE PROGRESS OF URBAN PLANNING IN THE UNITED STATES AND OTHER COUNTRIES.
UM, MAKING AND MAKING ASSOCIATED RECOMMENDED IMPROVEMENTS TO THE CITY IN TERMS OF CODE, EXERCISE THE AUTHORITY, PERFORM THE DUTIES PROVIDED BY STATE LAW AND THE CITY CHARTER AND AS, UH, AS IT RELATES TO CITY PLANNING.
AND YOU MAY, UH, SUBMIT AN ANNUAL REPORT TO THE CITY MANAGER AND COUNSEL EACH OCTOBER SUMMARIZING THE ACTIVITIES, ACCOMPLISHMENTS, AND, UH, AND EVERYTHING ELSE RELATED TO THAT FOR THE COMING YEAR.
AND THEN, UM, JUST AS A SUMMARY OF THIS, THE BIGGEST THINGS THAT WE PRIMARILY SEE HERE AT THE PLANNING AND ZONING COMMISSION.
UM, WE REVIEW AND PROVIDE COMPREHENSIVE PLAN RECOMMENDATIONS TO THE CITY COUNCIL.
THAT CAN BE IN TERMS OF A FULL REWRITE, LIKE WE'RE GOING THROUGH RIGHT NOW.
IT COULD BE, UH, SUB AREAS OF THE CITY, UH, IN TERMS OF, FOR EXAMPLE, LIKE THE DOWNTOWN MASTER PLAN, OR IF SOMEONE'S ASKING FOR A COMPREHENSIVE PLAN, AMENDMENT FOR A SPECIFIC PORTION OF THE CITY, UH, REVIEW AND PROVIDE ZONING BASED RECOMMENDATIONS TO THE CITY COUNCIL.
AND, AND, UH, FOR EXAMPLE, IF THEY WANT TO REZONE THE PROPERTY FROM RESIDENTIAL TO RETAIL, YOU KNOW, WE MAKE A RECOMMENDATION, WE PROVIDE A STAFF REPORT, AND WE GO FROM THERE.
UH, APPROVE PRELIMINARY AND FINAL PLATS FOR SUBDIVISIONS.
PRELIMINARY PLANS SHOW THE ENTIRE PROPERTY, AND, UM, THAT'S GOING TO BE SUBDIVIDED WITH HIGHER LEVEL LOTTING, UM, WHERE THE STREETS ARE, WATER, WASTEWATER, ET CETERA, AND PARKS.
AND THEN FINAL PLANTS USUALLY COME DOWN TO, UH, SECTIONS OF THAT PRELIMINARY PLAN.
AND THEN THE APPROVAL OF CONDITIONAL USE PERMITS.
THERE'S TWO IN THIS CASE, AND WE'LL GO INTO FURTHER DETAIL IN A LITTLE BIT LATER.
BUT THE PRIMARY ONE THAT WE SEE IS, UH, FOR, UH, ELEVATION APPROVAL FOR COMMERCIAL PERMITS.
WE HAVE SEVEN DIFFERENT OVERLAY DISTRICTS, AND WE WANNA MAKE SURE THAT THE CITY IS AS BEAUTIFUL AS WE CAN MAKE IT.
THE OTHER CONDITIONAL USE PERMIT IS, UH, ACTUALLY A PUBLIC HEARING BASED ONE WHEN, AS IT RELATES TO SPECIFIC USES AND EVEN HEIGHT EXCEPTIONS AS WELL.
WE DO SEE FROM TIME TO TIME, BUT IT'S NOT COMMON.
AND SOME BASIC DO'S AND DON'TS.
UM, JUST, UH, MOST OF THESE ARE JUST ABOUT BEING POLITE AND WHAT HAVE YOU.
AND I DON'T ANTICIPATE IT'S EVER GONNA BE AN ISSUE, BUT FROM TIME TO TIME IT DOES HAPPEN.
SO, UM, MAKE SURE, UH, WE ALLOW SPEAKERS WHEN THEY HAVE THEIR, THEIR TIME TO SPEAK, TO SPEAK, INTERRUPT UNINTERRUPTED, UM, MAKE SURE THAT ANY QUESTIONS, CONCERNS, DISCUSSIONS, MOTIONS AND VOTES, HAVE TO MAKE SURE THAT THEY'RE RELEVANT TO THE ITEM AT HAND WITHIN STATE LAW AND CITY REGULATIONS.
UM, WHEN SEATED AT THE DAIS, ALL DISCUSSION MUST BE AUDIBLE FOR RECORDING MINUTES.
SO PLEASE DON'T WHISPER OR HAVE ANY SECRET COMMUNICATION.
DON'T TALK BEHIND YOUR, YOUR, UH, YOUR HAND AND ALL THAT KIND OF STUFF.
UH, AND ALSO BE RESPECTFUL TO SPEAKERS PRESENTING, NO EYE ROLLING, SCROLLING, A MOBILE DEVICES, ET CETERA, AND WHAT HAVE YOU.
SO AGAIN, I HAVEN'T HAD THIS HAPPEN ON THE COMMISSION, SO, BUT, UH, IT'S NOT GONNA HAPPEN TONIGHT.
AND, UM, AT THIS POINT, I'LL HAND IT OVER TO PAIGE BOARD CHAIR COMMISSION.
MY NAME IS PAIGE SIGNS, I'M THE CITY ATTORNEY.
I'M HERE TO COVER, UH, THE SECOND PART OF THE TRAINING GOVERNING, UH, ADDRESSING CERTAIN LAWS THAT GOVERN YOU.
UH, OPEN MEETINGS, ACT, PUBLIC INFORMATION ACT, SOME CONFLICTS OF INTEREST.
AND THERE'LL JUST GO INTO A LITTLE BIT MORE DETAIL ON SOME OF THE PLANNING, UH, REGULATIONS AND NUANCES THAT, UH, WILL COME INTO PLAY AS YOU'RE SERVING, AS PLANNING AND ZONING.
UM, IF WE CAN GO TO THE, I WANNA SKIP AHEAD TO THE DISCRETIONARY VERSUS MINISTERIAL, SO THAT WOULD BE THE PAGE.
CAN I ASK YOU IF WE CAN INTERRUPT YOU WITH QUESTIONS OR WOULD YOU RATHER US SAVE TILL THE END? NO, YOU CAN, YOU CAN ASK QUESTIONS.
SO I WANTED TO GO A LITTLE BIT MORE INTO THE KIND OF THE PLANNING FUNCTION, AND THEN WE'LL GO INTO OPEN MEETINGS, ACT, PUBLIC INFORMATION, CONFLICTS OF INTEREST.
UM, THE, WE'LL GAVE YOU A GOOD OVERVIEW OF THE STATE LAW AND CITY CHARTER GOVERNING YOU.
UH, YOU HAVE, IN ADDITION TO THAT, YOU HAVE THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE.
YOU ARE THE MOST OF WHAT Y'ALL IS GONNA COME BEFORE Y'ALL ARE ZONING RELATED CASES, COMPREHENSIVE PLAN AMENDMENTS AND PLATING TYPE CASES.
THE COMPREHENSIVE PLAN IS THE BIG PICTURE PLAN FOR THE CITY, AND IT CONTAINS, UH, LAND, USES FUTURE LAND USES THAT SHOW IN GENERAL WHAT VARIOUS AREAS OF
[00:15:01]
THE CITY SHOULD BE USED FOR AS THE CITY GROWS AND DEVELOPS.IT SHOWS EXISTING USES AS WELL.
IT SHOWS PROPOSED CHANGES IN USES.
UM, IT ALSO INCLUDES MAJOR INFRASTRUCTURE THAT WOULD GO INTO PLACE TO SUPPORT, UM, SUPPORT THOSE LAND USES SUCH AS, UH, ROADS, WATER, WASTEWATER, UTILITIES.
THOSE ARE, THOSE ARE THINGS THAT THE COMPREHENSIVE PLAN GOVERNS, AND THAT'S THE BIG PICTURE PLANNING DOCUMENT.
AND THEN WHAT COMES OUT OF THAT IS THE, THE ZONING ORDINANCE, WHICH IS THE DOCUMENT THAT ESTABLISHES WHAT ARE THE DIFFERENT ZONING DISTRICTS, WHAT ARE THE LAND USES WITHIN THOSE DISTRICTS, AND WHAT ARE THE DIFFERENT DEVELOPMENT STANDARDS THAT MAY APPLY IN THOSE DISTRICTS IN ADDITION.
AND THEN YOU HAVE THE SUBDIVISION ORDINANCE, WHICH SAYS, HOW DO WE GET INFRASTRUCTURE? HOW DO WE BUILD INFRASTRUCTURE TO SERVE THIS LAND? AND WHAT ARE THE REQUIREMENTS FOR ROADS? AND WHAT ARE THE REQUIREMENTS FOR UTILITIES? AND WHEN WE DIVIDE UP LAND, HOW DO WE MAKE SURE WE'VE GOT ROADS AND UTILITIES TO ALL THESE LOTS? AND SO THAT'S HOW ALL THAT FITS TOGETHER.
THE ZONING MATTERS THAT COME BEFORE YOU ARE GOING TO BE, UM, KIND OF, I GUESS I'LL GO WITH THREE TYPES.
ONE IS AMENDMENTS TO THE ZONING ORDINANCE.
SO YOU, YOU HAVE A ROLE TO PLAY IN WHAT DO THE ZONING REGULATIONS, WHAT DO THESE LAND USE REGULATIONS LOOK LIKE FOR THE COMMUNITY? UM, AND THEN YOU HAVE PARTICULAR ZONING CASES THAT COME FORWARD WHERE SOMEONE IS ASKING, I WANNA CHANGE MY LAND USE, AND I'M PROPOSING TO CHANGE IT FROM A CERTAIN USE, SUCH AS AGRICULTURE TO RETAIL OR FROM RETAIL TO MULTIFAMILY.
AND THAT WILL COME BEFORE YOU AND YOU'LL REVIEW THAT REQUEST.
UM, AND THEN THE, THE CONDITIONAL USE PERMITS, WHICH ARE THE TWO TYPE, WHICH IS WHAT IS THE, WHAT ARE THE, WHAT DO THE BUILDINGS LOOK LIKE, UM, AND OR WHAT USE IS ON THIS.
IT KIND OF DRILLS DOWN INTO THE USE ON THE PROPERTY, UH, WITH RESPECT TO ZONING.
SO THERE'S A CONCEPT OF MINISTERIAL VERSUS, UM, DISCRETIONARY.
AND IN SOME CASES THE P AND Z.
AND IT'S THE SAME FOR THE COUNCIL.
YOU HAVE AN OPTION TO APPROVE OR DISAPPROVE AND SOME DECISIONS THAT COME BEFORE YOU.
YOU'RE JUST MORE OF A, AN OVERSIGHT BODY THAT'S, I HATE TO USE THE WORD RUBBER STAMP, BUT THAT'S A WAY TO THINK OF IT.
YOU'RE JUST STAMPING APPROVAL BECAUSE THAT'S WHAT STATE LAW AND THE ORDINANCES SAY YOU DO.
SO SUBDIVISION, PLATTS, THOSE ARE MINISTERIAL.
THAT MEANS THAT IF THE PLAT THAT COMES BEFORE YOU, THIS PROPOSED DIVISION OF LAND WITH ALL THE DIFFERENT ROADS AND UTILITIES, THE LAYOUT OF THE LAND, IF THAT, THAT COMES BEFORE YOU AND IT COMPLIES WITH STATE LAW AND CITY ORDINANCES, YOU HAVE TO APPROVE IT.
IT'S SOMETHING TO BE AWARE OF, BECAUSE SOMETIMES THERE'S TENSION OF, I DON'T LIKE THIS, I DON'T LIKE HOW IT LOOKS.
OR MEMBERS OF THE PUBLIC COME AND THEY ARE EXPRESSING, UM, DISAGREEMENT OR CONCERNS ABOUT THE PROPOSED DEVELOPMENT.
AND IT PUTS YOU IN A TOUGH POSITION, UH, THAT WHICH IS YOU HAVE TO APPROVE IT IF IT COMPLIES WITH STATE LAW AND THAT, YOU KNOW, TRY TO EX TRY TO EXPLAIN THAT TO THE PUBLIC.
BUT SOMETIMES, UM, I'VE HEARD THE TERM PAIN SPONGE RECENTLY, YOU MIGHT BE A LITTLE BIT OF A PAIN SPONGE.
YOU, YOU'RE HEARING THE COMMENTS, YOU'RE TAKING THAT IN, YOU'RE HEARING THOSE CONCERNS.
BUT IN THOSE TYPES OF CASES, YOU CAN'T DO A WHOLE LOT ABOUT IT.
UH, SO WE HAVE NO SAY IF IT'S A, IF IT'S A RESIDENTIAL, UM, SUBDIVISION AND SAY IT'S, UH, ALL THE HOMES ARE, UH, 40 FOOT LOTS AND IT DOESN'T SEEM TO REALLY BE ABLE TO SUPPORT, UH, SUPPORT THAT DENSITY.
AND SO WE CAN'T SAY WE'D RATHER HAVE, UH, ALL THESE HOME, THE HOMES HAVE 50 FOOT LOTS, SO WE CAN'T CHANGE THAT WHEN IT COMES TO YOU FOR A PLATING APPROVAL MM-HMM.
AND THAT'S, SO HOPEFULLY WE WOULD'VE BEEN ABLE TO CHANGE THAT AT AN EARLIER STEP.
THE EARLIER STEPS WOULD BE, FIRST OF ALL, THE ZONING, THE COMPREHENSIVE PLAN, WHICH IS SET, IT GETS CHANGED EVERY FIVE YEARS, UM, OR MORE JUST DEPENDING ON WHAT'S GOING ON IN THE WORLD.
UM, AND THEN AFTER THAT ARE THE ZONING REGULATIONS, WHICH SET OUT WHAT ARE, WHAT ARE THESE, THE ZONING REGULATIONS SET OUT SETBACKS AND LOT SIZES AND THOSE TYPES OF THINGS FOR THE VARIOUS DISTRICTS.
AND SO THAT, THAT'S A SET OF REGULATIONS THAT, UH, BOTH THE COUNCIL AND THE P AND Z HAVE SOME DISCRETION OVER.
THEN YOU HAVE THE INDIVIDUAL ZONING CASE THAT COMES BEFORE YOU.
AND THE, THAT ZONING CASE WAS WHERE YOU DECIDE, ARE WE GONNA AGREE TO THE LAND YOU SHOULD CHANGE OR NOT? AND
[00:20:01]
AT THAT POINT, AFTER ALL THOSE DECISIONS HAVE BEEN MADE, THEN WHEN YOU GET THE PLAT BEFORE YOU WERE ACTUALLY LAYING OUT THE, THE PROPERTY, YOU JUST, YOU'RE JUST APPROVING IT.THERE'S, THERE'S NO DISCRETION THERE.
WHERE YOU HAVE DISCRETION ARE THE ZONING CASES IS, AND THE COMPREHENSIVE PLAN AMENDMENTS.
SO WHEN SOMEONE BRINGS A A ZONING CASE BEFORE YOU TO CHANGE LAND USE, THE FIRST QUESTION SHOULD BE, DOES IT COMPLY WITH THE COMPREHENSIVE PLAN? 'CAUSE LIKE I SAID, THE COMPREHENSIVE PLAN IS YOUR MASTER PLAN.
AND SO EVERYTHING FLOWS FROM THAT.
AND THE, WHEN SOMEONE BRINGS A ZONING CASE BEFORE YOU, THE FIRST QUESTION IS, DOES THE, DOES THE PROPOSED REZONING COMPLY WITH THE COMPREHENSIVE PLAN? DOES IT MATCH THE PROPOSED LAND USE WE HAVE IN THIS COMPREHENSIVE PLAN? AND IF IT DOES NOT, YOU, YOU CAN'T APPROVE IT UNLESS YOU AMEND THE COMPREHENSIVE PLAN.
AND SO, UH, AT SOME POINT THERE MAY BE A TIME WHERE THE COMPREHENSIVE PLAN THINGS CHANGE, AND THAT'S WHY YOU HAVE TO REVIEW THAT COMPREHENSIVE PLAN EVERY ONCE IN A WHILE.
UM, AND SO IF YOU START TO SEE IN CONNECTION WITH ZONING CASES, IF YOU START TO SEE COMPREHENSIVE PLAN AMENDMENTS AND THEY'RE COM HAPPENING MORE FREQUENTLY, IT DOESN'T NECESSARILY MEAN THAT THERE'S SOMETHING WRONG WITH COMPREHENSIVE PLAN.
IT JUST MAY MEAN THAT THINGS HAVE CHANGED TO THE POINT IT'S TIME TO LOOK AT IT AGAIN.
BUT THE STAFF WILL REVIEW AND THEY'LL MAKE RECOMMENDATIONS.
THEY'LL REVIEW THESE APPLICATIONS THAT COME BEFORE YOU, AND THEY'LL MAKE RECOMMENDATIONS.
AND THEY'LL TELL YOU, FOR THE SUBDIVISION PLATS, IT COMPLIES, IT DOES NOT.
SO THAT'S PRETTY STRAIGHTFORWARD.
ON THE ZONING CASES, YOU'LL GET THAT ANALYSIS FROM STAFF AT WHAT AS WELL, WHICH IS COMPLIES WITH A COMPREHENSIVE PLAN, OR IT DOES NOT, OR IT, IT DOES NOT COMPLY WITH THE COMPREHENSIVE PLAN.
WE HAVE AN AMENDMENT COMING AT THE SAME TIME.
UM, AND THEN STAFF WILL GIVE YOU RECOMMENDATIONS AS WELL FOR YOU TO CONSIDER.
SO THAT'S, THAT'LL BE THE FRAMEWORK THAT YOU AND THE SUPPORT AND FOUNDATION YOU HAVE TO MAKE YOUR DECISIONS.
AND WE'RE TALKING ABOUT A LOT OF INFORMATION HERE TODAY.
THIS IS AN ONGOING LEARNING EXPERIENCE.
EVERY TIME YOU HAVE A CASE, EVERY TIME YOU MAKE A DECISION, YOU'RE LEARNING AND GETTING BETTER.
AND, AND YOU SHOULD ALWAYS ASK QUESTIONS AND MAKE SURE YOU HAVE THE INFORMATION YOU NEED TO, TO MAKE THE DECISION.
BUT THERE'S NOT AN EXPECTATION THAT YOU KIND OF REMEMBER EVERYTHING.
THIS IS TO GIVE YOU A FOUNDATION SO THAT YOU CAN CONTINUE TO LEARN.
UM, BACK TO THE SUBDIVISION, ONE EXCEPTION THERE IS IF SOMEBODY'S REQUESTING A VARIANCE.
SO A VARIANCE IS, I WANT AN EXCEPTION TO THE RULE, IS WHAT IT MEANS.
IF SOMEONE NEEDS AN EXCEPTION TO THE RULE TO BUILD THEIR PROPERTY, THE WAY THEY DEVELOP THEIR PROPERTY THE WAY THEY WANT TO, THEY HAVE TO REQUEST A VARIANCE.
AND YOU HAVE DISCRETION WITH THAT.
AND THAT WILL BE IN YOUR STAFF REPORT, WHICH IS, UH, THEY'RE REQUESTING A VARIANCE SO YOU CAN CHOOSE TO APPROVE IT OR NOT.
AND SOMETIMES IF YOU, IF YOU DON'T APPROVE IT, THEY CAN'T DEVELOP AS PROPOSED AND THEY HAVE TO JUST GO BACK TO THE DRAWING BOARD AND KIND OF TRY TO SOLVE THAT PROBLEM.
UM, ON THE ZONING CASES, KIND OF AREAS TO DANGER ZONES TO BE AWARE OF.
THAT MEANS YOU'RE GONNA BE HEARING FROM STAFF, YOU'LL BE HEARING FROM THE DEVELOPER, THE PROPERTY OWNER.
YOU MAY HEAR FROM THE PUBLIC AS WELL.
THE PUBLIC GETS NOTICE ABOUT A PARTICULAR ZONING CASE.
THEY GET INDIVIDUAL MAILED NOTICE.
EVERYBODY WITHIN 200 FEET IS GOING TO GET NOTICE OF THAT ZONING CASE.
AND THEY MAY LIKE IT, WHICH IF THEY LIKE IT, THEY DON'T TEND TO SHOW UP.
IF THEY DON'T LIKE IT, THEY WILL, THEY WILL SHOW UP AND OR THEY WILL DO WRITTEN CORRESPONDENCE.
SO, UM, WHEN YOU DO A ZONING, WHEN YOU CHANGE THE ZONING RULES, THERE'S NOT INDIVIDUAL NOTICE.
NOW, THERE WILL BE SOME AS WE GO FORWARD.
SO, UM, SO YOU'LL HAVE A LOT OF INFORMATION AT YOUR DISPOSAL WHEN THOSE CASES COME FORWARD.
AND SOME AREAS TO, TO WATCH OUT FOR.
SO WHEN YOU MAKE DECISIONS ABOUT ZONING, IT'S SUPPOSED TO BE FOR THE, FOR THE HEALTH, SAFETY, MORALS, WELFARE OF THE COMMUNITY.
UM, IT, IT CAN'T BE ARBITRARY AND CAPRICIOUS.
IT CAN'T JUST BE KIND OF RANDOM AND HAVE NO REAL BASIS OR SUPPORT IN THE DECISION YOU'RE MAKING.
AND SO THESE ARE KIND OF AMORPHOUS TERMS THAT THESE ARE THINGS THAT COME FROM THE STATUTES AND THE COURTS, AND THEY'RE AMORPHOUS.
AND SO WHAT DO THESE WORDS MEAN? UM, AND THIS IS WHERE KIND OF THE ACTUAL FACTS THAT ARE BEFORE YOU AND SOME OF THE CASE LAW HELP US OUT.
BUT YOUR GUIDING DOCUMENTS ARE GONNA BE YOUR COMPREHENSIVE PLAN.
THE POLICIES THAT THE CITY SETS, WHICH ARE THAT COMPREHENSIVE PLAN, THE ZONING ORDINANCES, ANY KIND OF WORKSHOPPING YOU DO AT THE COUNCIL WHERE YOU HAVE VISIONS OF HOW THIS, THE
[00:25:01]
P AND Z WORKS TOGETHER WITH THE COUNCIL ON MAKING THESE DECISIONS AND SHAPING THE CITY.THOSE ARE THE TYPES OF THINGS THAT KIND OF SUPPORT THAT ANALYSIS.
UM, WHEN YOU'RE MAKING YOUR DECISIONS, A FEW AREAS TO STAY AWAY FROM OBVIOUSLY ARE GONNA BE, UM, AVOIDING DISCRIMINATION TYPE ISSUES.
SO YOU CAN, DISCRIMINATION ON THE RACE BASIS OF RACE IS USED TO BE MORE PREVALENT.
YOU DON'T REALLY SEE THAT NOW, BUT OBVIOUSLY YOU CAN'T ZONE IN A WAY THAT'S DISCRIMINATORY BASED ON A PROTECTED CLASS.
UM, THERE ARE CERTAIN FAIR HOUSING IS ANOTHER, PEOPLE HAVE A RIGHT TO HAVE, UH, CERTAIN USES WITHIN, UM, THE COMMUNITY THAT PROVIDE FAIR HOUSING FOR PEOPLE.
SO IF SOMEONE WANTS TO PUT A GROUP HOME, FOR EXAMPLE, IN CERTAIN DISTRICTS, THEY'RE GONNA HAVE CERTAIN PROTECTIONS.
AND SO I'M JUST KIND OF FLAGGING THESE, BUT THE, THERE'LL BE ADDITIONAL SUPPORT FOR YOU AS THESE CASES COME BEFORE YOU.
PAIGE, I, I'VE GOT A QUESTION.
THE ONLY, WHAT YOU MIGHT CALL DISCRIMINATORY, UM, COMMUNITIES I'VE SEEN RECENTLY IS AGE-BASED ONES.
SO 55 AND OLDER OR SOMETHING IS, WHAT'S THE LEGALITY OF THAT? OR WHAT IS THAT ENFORCEABLE? WHAT, HOW DOES THAT WORK? I HAVEN'T GOTTEN INTO A LOT OF THAT, UM, AREA OF THE LAW.
I I DON'T KNOW IF THAT COMES FROM THE, SO LIKE SUN CITY I GUESS IS AN EXAMPLE OF THAT.
AND SO SOME OF THAT MAY BE PRIVATE DEEDED RESTRICTIONS AND THE CITY DOESN'T REALLY GET INTO THAT.
WHETHER THE, WHEN THE CITY HAS TO MAKE THAT REGULATION, THAT'S WHEN YOU GET INTO THOSE, UM, PROTECTED AREAS.
'CAUSE THE GOVERNMENT CAN'T DO CERTAIN THINGS.
PRIVATE ENTITIES CAN DO MORE OF THAT.
SO I DON'T KNOW THE ANSWER TO THAT QUESTION SPECIFICALLY FROM A GOVERNMENTAL STANDPOINT.
THERE'S SOME LIMITATIONS ON, UM, DEFINING LIKE WHO, WHO CAN LIVE TOGETHER, WHAT'S A FAMILY WHEN, WHEN YOU START TO DEAL WITH DENSITY AND HOW MANY PEOPLE CAN LIVE IN A, IN A, IN A HOUSEHOLD.
THERE, THERE'S SOME LIMITATIONS ON THAT, UH, DEFINING THAT.
AND YOU REALLY, IN THOSE CASES, YOU'RE JUST TRYING TO DEAL WITH, WE DON'T WANT TOO MANY PEOPLE IN ONE HOUSE.
'CAUSE IT'S, UM, IT'S JUST A, A PUBLIC SAFETY TYPE ISSUE.
IT'S A, A CROWDING AND HEALTH PUBLIC HEALTH ISSUE.
UH, AS LONG AS YOU DON'T GET INTO, YOU KNOW, WHAT, WHAT'S A FAMILY, YOU HAVE TO BE RELATED.
YOU GET THE FRAT HOUSE, I GUESS IS WHAT YOU THINK OF WHEN YOU THINK OF THE, HAVE SO MANY PEOPLE IN ONE BUILDING, BUT I DON'T KNOW THE ANSWER ON THE, ON THE AGE.
AND IF, IF, UH, THAT'S SOMETHING WE COULD GET MORE INFORMATION ON IF IT'S SOMETHING THAT'S GONNA P AND Z'S GONNA BE DEALING WITH.
UM, SO A COUPLE OTHER POINTS ON THE ZONING SIDE, AND THEN WE CAN, IF YOU HAVE ANY MORE QUESTIONS, I'LL ANSWER THEM.
AND THEN OTHER THAN THAT, WE'LL JUMP OVER TO THE, THE STATUTES THAT GOVERN YOUR, HOW YOU CONDUCT YOURSELVES.
UM, CONTRACT ZONING IS SOME, IS IS WHERE YOU AGREE IN WRITING TO ZONE PROPERTY IN A CERTAIN WAY.
IT'S LIKE A WRITTEN AGREEMENT OR I'M GONNA, I'LL AGREE TO ZONE YOU A CERTAIN WAY.
IF YOU DO X, Y, Z AND YOU ENTER AN AGREEMENT THAT'S CONTRACT ZONING, IT'S NOT ALLOWED.
UM, THAT'S, IT TAKES AWAY THE LEGISLATIVE AUTHORITY OF THE COUNCIL TO MAKE THOSE DECISIONS.
NOW, IF, YEAH, YOU MAY, YOU MAY GET AGREEMENTS, YOU MAY GET SOME CIRCUMSTANCES WHERE, UM, YOU HAVE A ZONING CASE COME BEFORE YOU AND YOU'RE GONNA BE TOLD THERE'S A DEVELOPMENT AGREEMENT THAT SAYS THEY CAN DO THIS LAND USE.
AND THAT HAPPENS WHEN THEY WERE OUT IN THE E T J 'CAUSE THEY CAN, YOU CAN ENTER AN AGREEMENT ABOUT LAND USE IN THE E T J AND THEN WHEN THEY COME IN, YOU TRY TO GET THE ZONING TO MATCH THE LAND USE SO THAT THERE'S NO CON THERE'S LESS CONFUSION ABOUT HOW DO YOU PROCESS ALL THESE DEVELOPMENT APPLICATIONS.
UM, SPOT ZONING, IF YOU HEAR SOMEONE KIND OF BRING THAT UP, SPOT ZONING THAT IS, IF SOMEONE SAYS SOMETHING, IS SPOT ZONING REALLY WHERE IT COULD BE SPOT ZONING.
A SLAM DUNK CASE IS IF YOU'RE, IF YOU'RE ZONING IN A WAY THAT'S NOT CONSISTENT OR DOESN'T MATCH THE COMPREHENSIVE PLAN, IF THE PROPOSED ZONING MATCHES THE COMPREHENSIVE PLAN, DON'T WORRY SO MUCH ABOUT A SPOT ZONING CLAIM THAT MAY COME FROM SOMEONE WHO DOESN'T LIKE THE PROPOSED ZONING.
BUT IT'S SUCH A FACTS AND CIRCUMSTANCES DETERMINATION OF WHETHER IT'S SPOT ZONING OR NOT.
YOU, YOU'RE NOT GONNA BE ABLE TO REALLY ANSWER THAT QUESTION AT, AT YOUR LEVEL OR THE CITY COUNCIL LEVEL, BUT YOU HAVE PROTECTION WHEN YOU ZONE CONSISTENT WITH A COMPREHENSIVE PLAN.
AND THEN DOWN ZONING IS IF YOU, AND THIS CAN HAPPEN IF YOU ADOPT A REGULATION OR YOU CHANGE PROPERTY USE.
AND THAT IS, IF SOMEBODY HAD AN EXPECTATION OF CERTAIN USES ON THEIR PROPERTY AND THEN THE CITY
[00:30:01]
CHANGES THAT USE IN SUCH A WAY THAT THEY LOSE SOME OF THOSE USE OPTIONS, THAT, THAT, THAT IS A, UM, A LEGAL ISSUE FOR THE CITY.SOMEONE COULD SAY, YOU'RE TAKING MY PROPERTY, YOU NEED TO COMPENSATE ME 'CAUSE I CAN'T USE IT THE WAY I WAS EXPECTING TO BE ABLE TO USE IT.
AND I JUST, I PUT THAT OUT THERE.
IF IT GETS RAISED, WE'LL HAVE TO JUST KIND OF ANALYZE IT AND, AND DEAL WITH IT.
BUT THE STAFF'S PROCESS FOR TAKING APPLICATIONS AND REVIEWING THEM AND BRINGING THEM FORWARD AND THEIR PROCESS FOR BRINGING FORWARD ZONING REGULATIONS HELP REDUCES A LOT OF THAT RISK.
AND THEY, THEY VET THOSE ISSUES BEFORE IT GETS TO YOU.
SO WERE THERE ANY OTHER QUESTIONS ABOUT THE ZONING? YES.
AND FROM MY REMEMBRANCE FROM BEFORE, IF SOMEBODY WANTED TO ZONE, SAY AN AREA RETAIL, WE'RE ONLY LOOKING AT THE ZONING OF RETAIL, NOT THE DIFFERENT INDIVIDUAL TYPES OF CATEGORIES OF BUSINESSES THAT CAN, UM, FALL UNDER THAT.
SO IN OTHER WORDS, THEY WANNA COME UP AND SAY, YOU KNOW, THEY WANNA BE RETAIL.
WE'RE, LOOK, WE CAN ONLY LOOK AT RETAIL.
WE CANNOT SAY, OH, BUT YOU'RE A LIQUOR STORE.
WE DON'T WANT A LIQUOR STORE THERE.
YOU'RE, YOU'RE SUPPOSED TO LOOK WHAT IS THE HIGHEST AND BEST USE FOR THAT PROPERTY, OKAY? AND MAKE A DECISION ON THAT BASIS.
AND YOU KNOW THAT INFORMATION ISN'T IN FRONT OF YOU.
IT'S BE AWARE THAT WHENEVER SOMEONE ZONES TO THE RETAIL SERVICES, THEY'VE GOT THAT WHOLE LIST OF USES THERE MM-HMM.
AND SO THAT MEANS, REGARDLESS OF WHAT THEY'RE SAYING, THEY MAY BRING ALL THOSE OPTIONS ARE ON THE TABLE.
AND THAT'S SOMETHING TO CONSIDER.
ARE ANY OF THESE USES APPROPRIATE FOR THIS AREA? AND IF YOU DON'T THINK THEY ARE, THEN YOU DON'T RECOMMEND APPROVAL.
IF YOU THINK THAT THIS PARTICULAR, UH, CATEGORY OF ZONING IS APPROPRIATE, THEN YOU WOULD MAKE A RECOMMENDATION FOR APPROVAL.
BUT IF YOU DON'T, THEN YOU RECOMMEND DISAPPROVAL.
UM, IF YOU KNOW THE, THE COMPREHENSIVE PLAN, I'M NOT SURE IF IT GETS INTO THAT LEVEL OF DETAIL WHERE IT SAYS THIS IS GONNA BE RS OR IF THIS IS JUST KIND OF A COMMERCIAL AREA.
IT IF THE, THE COMPREHENSIVE PLAN IS A CLUE AS TO WHAT IS WHAT, WHAT WERE THE PLANNED USES FOR THIS.
IF YOU, AS THE P AND Z ARE HAVING CONCERNS ABOUT THE TYPES OF USES THAT COULD GO THERE AND THAT ARE COMING FORWARD FOR APPROVAL, I THINK THAT'S A SIGNAL FOR SOME STUDY ON THE ISSUE.
A STUDY OF THE COMPREHENSIVE PLAN.
I HAVE A QUESTION ABOUT, UH, PLAN UNIT DEVELOPMENT.
NOT SO LONG AGO WHERE THE PUD WAS, UH, APPROVED 12 YEARS AGO.
AND IT CAME BACK THROUGH HERE, UM, REQUESTING ACTUALLY A RETAIL WAREHOUSE, WHICH A WAREHOUSE WOULD'VE BEEN INCLUDED UNDER, I THINK THE ZONING AT THE TIME.
BUT THE QUESTION IN MY MIND WAS, HOW LONG DID THESE PUDS EXIST? OR I CALLED IT A ZOMBIE PUD I MEAN 12 YEARS OLD.
AND IT WAS SUPPOSED TO BE MIXED USE IS MY UNDERSTANDING IN MY RESEARCH.
THEY, UM, THEY'RE BLUE ZONE PUDS.
THEY CAN LIVE TO BE A HUNDRED YEARS OLD.
YOU KNOW, THE BLUE ZONES WHERE THEY LIVE TO BE A HUNDRED YEARS OLD.
THE, THE, THERE'S NOT AN EXPIRATION DATE.
THERE'S GENERALLY NOT AN EXPIRATION DATE.
IT'S A, IT'S, UM, THE PURPOSE OF THE ZONING IS TO GIVE PEOPLE ASSURANCE OF WHAT LAND USES ARE AUTHORIZED.
AND THEY'RE MAKING AN INVESTMENT IN, I CAN BUILD THIS PROJECT AND MAY TAKE MANY YEARS TO BUILD.
IT COULD TAKE UP TO 30 YEARS TO BUILD.
AND SO 12 YEARS IS, THERE'S NOT AN EXPIRATION DATE USUALLY.
AND IT DOESN'T CHANGE UNTIL EITHER THE LANDOWNER REQUESTS A CHANGE OR THE CITY INITIATES ZONING AND MAKES A CHANGE.
UM, SO AN INVESTOR COULD, UH, GET IT DESIGNATED A POD, IT COULD SIT THERE 12 YEARS, THEY FLIP IT ONCE OR TWICE BECAUSE THE VALUE OF A POD RELATIVELY SPEAKING TO OTHER, UH, UH, CONSTRAINTS, YOU KNOW, IT'S, IT'S, IT'S MORE FAVORABLE, UH, DESIGNATION.
SO THEY CAN FLIP THAT JUST ON A BASIS.
IS THERE ANY POINT AT WHICH INDEED THE CITY CAN COME IN AND SAY, NO, UH, THERE'S NOT AN EXPIRATION DATE, BUT WE, WE, WE CAN APPROVE OF, UH, THE, UH, USE THAT'S PROPOSED AT THIS TIME.
IF SOMEONE COMES FORWARD WITH AN AMENDMENT TO THE P IT'S WITHIN YOUR DISCRETION TO APPROVE IT OR DENY IT.
THERE JUST, THERE NEEDS TO BE A, A REASONABLE BASIS FOR THAT.
AND IF IT IS, WE DON'T BELIEVE THAT THAT IS
[00:35:01]
THE BEST USE FOR THE PROPERTY.WHAT YOU'RE PROPOSING IS THIS CHANGE THEN WE, WE DISAPPROVE RECOMMEND DISAPPROVAL OR IT'S NOT CONSISTENT WITH A COMPREHENSIVE PLAN, RECOMMEND DISAPPROVAL.
IS THAT ANSWERING THE QUESTION MORE? MORE OR LESS.
BUT I SEE A LITTLE BIT OF A, YOU MIGHT SAY A HUSTLE IN BEING ABLE TO DO THAT AND, AND GET THE DESIGNATION AND THEN IT JUST SIT ON YOUR INVESTMENT FOR YEARS AND SOLD AS A PUD.
AND THE VALUE OF THE LAND IS PARTLY THAT IT'S A PUD THAT'S BEEN PREVIOUSLY, UH, APPROVED.
I MEAN, 12 YEARS IS A LONG, LONG TIME.
THE, THE PUDS, THERE'S SOME, THERE CAN BE A BENEFIT TO THE PUD WHEN YOU HAVE A ZONING DISTRICT THAT DOESN'T JUST QUITE FIT IN AND THEY WANNA BE, HAVE MORE OF A MASTER PLANNED, UM, COMMUNITY THAT HAS A MULTITUDE OF USES AND MAYBE SOME OF THE AUTHORIZED USES FROM DISTRICTS AND ADD SOME KIND OF MIXES AND MATCHES.
IT'S MORE OF A CUSTOM, LIKE A CUSTOM ZONING DISTRICT.
AND YOU CAN GET A LOT MORE DETAIL ABOUT WHAT, YOU CAN GET A LOT MORE DETAIL ABOUT WHAT THE PROJECT IS GONNA LOOK LIKE.
BUT WHAT YOU'RE TALKING ABOUT IS SOMETHING GOOD TO KEEP IN MIND, UM, WHEN A PUD COMES BEFORE YOU BECAUSE YOU, YOU NEVER KNOW WHAT'S GONNA HAPPEN WITH THE INVESTOR OR THE ECONOMY OR THE, THE PROPERTY OWNER.
AND SO YOU'RE NOT JUST THINKING ABOUT WHAT IS THIS PERSON GONNA DO? IS THIS PERSON GOING TO FULFILL THIS PROJECT? IT IS, IS, IS THAT PROPOSED LAND USE? IS THAT IN THE BEST INTEREST OF THE CITY? IS THAT CONSISTENT WITH COMPREHENSIVE PLAN? IS THAT CONSISTENT WITH GOOD LAND USE? IS THAT THE HIGHEST AND BEST USE OF THAT LAND? AND WHETHER IT BE THIS DEVELOPER OR A FUTURE ONE, UH, DOES THIS MAKE SENSE FOR THE CITY FOR ZONING IN THAT CASE? THE REALITY IS IS, YOU KNOW, BUSINESSES FAIL, THE ECONOMY TURNS AND THOSE CAN'T BE CONTROLLED AND YOU CAN'T FORESEE THAT.
SO YOU MAKE THE BEST DECISION YOU CAN WITH THE INFORMATION YOU HAVE ON HAND AT THE TIME YOU MAKE THE DECISION, KEEPING IN MIND ALL THOSE POSSIBILITIES OF WHAT COULD HAPPEN.
BUT YOU CAN ONLY DO WITH WHAT, WHAT YOU'VE GOT IN FRONT OF YOU.
IF IN THE FUTURE THAT HAPPENS WHEN THE PROJECT HASN'T MOVED ALONG, OFTEN WHAT WILL HAPPEN IS WHO WHOEVER'S COMING IN TO DEVELOP AT THE TIME WILL COME AND CHANGE IT ANYWAY BECAUSE THINGS HAVE, WILL HAVE CHANGED IN THE WORLD.
AND THE PROJECT THAT WAS PROPOSED 12 YEARS AGO MAY NOT BE ECONOMICALLY VIABLE.
SO THEY'RE, THEY'RE GONNA HAVE TO DO SOMETHING DIFFERENT.
THEY MAY NOT, MAY NOT BE ABLE TO GET FINANCING FOR IT.
THAT THAT'S ONE KIND OF CATEGORY OF PUD.
THE OTHER CATEGORY OF PUD IS ONE THAT'S, IT IS A MASTER PLAN COMMUNITY THAT WILL TAKE TIME TO BUILD AND IT WILL TAKE TIME TO BUILD OUT.
AND SO YOU, YOU MAY BE IN THE, YOU KNOW, THE 12TH YEAR, THE 10TH YEAR OF AD THAT'S BUILDING OUT AND SOME THINGS, THE WHOLE PROJECT AND THE DEVELOPER'S BEEN ACTIVE THE WHOLE TIME.
AND RATHER THAN THE WHOLE PROJECT HAVING TO CHANGE, THEY'RE MODIFYING BASED ON A DIFFERENT PLAN OR A DIFFERENT MARKET CONDITION OR A NEW A, A TENANT OR A PROPERTY OWNER THAT THEY'RE GONNA SELL TO THAT HAS A DIFFERENT CONCEPT.
AND AT THAT TIME YOU'RE, YOU'RE, AGAIN, YOU'RE LOOKING AT THE BIG PICTURE.
WHAT IS THIS PUD, HOW DOES IT FIT INTO THE CITY'S OVERALL PLAN? HOW DOES THAT ONE PARTICULAR CHANGE FIT INTO THE P AND IS THAT THE BEST COURSE OF ACTION FOR THE CITY BASED ON NOW TODAY'S STANDARDS? AND THAT MAY HAVE A LITTLE BIT OF HISTORY DRAGGING IT DOWN WHERE YOU'RE GONNA BE, YOU KNOW, WHAT CAN THEY DO NOW VERSUS WHAT, WHAT DO THEY WANNA CHANGE IT TO? IS THAT, I DON'T KNOW IF THAT ANSWERED THE QUESTION, BUT IN A WORLD OF LIMITATIONS AND CHANGES, YES.
THAT BEST, BEST IT COULD BE ANSWERED.
YEAH,
IF A CITY GOES AND IT'S CALLED DOWN ZONING CHANGES, PROPERTY USES BECAUSE, OR ZONING CATEGORIES 'CAUSE THEY DON'T LIKE THE PROJECT THAT'S GONNA GO IN, UM, THE CITY NOW HAS TO DO AN ANALYSIS OF WHETHER THEY'RE GONNA BE TAKING, UM, DEVALUING THE LAND AND HAVE TO COMPENSATE THE PROPERTY OWNER FOR IT.
SO THERE'S, THERE'S A PROCESS THAT HAS TO BE GONE THROUGH.
AND IT'S BECAUSE, YOU KNOW, THESE STATUTES COME FROM, UM, EXTREME CIRCUMSTANCES.
UH, THE EXAMPLE GIVEN IN THE BILL WAS A CITY HAD A BUNCH OF, I THINK, AUTOMOTIVE TYPE BUSINESSES GOING IN AND STARTED CHANGING THE ZONING.
SO THOSE BUSINESSES COULDN'T GO IN AND THE BUSINESSES HAD
[00:40:01]
ALREADY INVESTED, UH, YOU KNOW, RESOURCES AND MAKING THAT PROPERTY USE COME TO FRUITION.AND THE, THE LEGISLATURE SAID, RATHER THAN HAVING TO GO SUE THE CITY AND, YOU KNOW, GO THROUGH THE COURTS AND SEE IF YOU'RE GONNA WIN OR NOT, WE'RE GONNA CHANGE THE LAW TO MAKE THE CITY HAVE TO ANALYZE THAT CHANGE AND POTENTIALLY COMPENSATE YOU IF THEY'RE GONNA MAKE THAT, THAT CHANGE IN ZONING DISTRICT.
SO THAT PROBABLY HIGHLIGHTS EVEN MORE THE IMPORTANCE OF THE RECOMMENDATIONS YOU'RE MAKING AND THE ACTIONS A COUNSELOR ARE TAKING BECAUSE ONCE THE ZONING IS SET AND IT'S, IT'S GONNA BE HARD TO CHANGE UNLESS THE PROPERTY OWNER IS PARTICIPATING IN THAT PROCESS.
AND THAT'S WHERE THE COMPREHENSIVE PLAN CAN BE A REALLY GOOD TOOL.
WHAT ARE, WHAT'S OUR BIG PICTURE FOR THE CITY? SO ANY MORE QUESTIONS ON THE ZONE, THE PLANNING PART OF THIS.
OKAY THEN, SO ON, WE'LL GO TO OPEN MEETINGS ACT, PUBLIC INFORMATION ACT, AND THEN CONFLICTS OF INTEREST.
SO I WANNA JUST HIT SOME HIGH POINTS HERE FOR YOU.
SO YOU GUYS ARE, UM, SUBJECT TO THESE TRANSPARENCY LAWS, WHICH ARE OPEN MEETINGS ACT AND PUBLIC INFORMATION ACT.
THERE'S A LITTLE INFORMATION SHEET THAT'S, UM, PUBLIC INFORMATION ACT AND OPEN MEETINGS ACT AT A GLANCE KIND OF GIVES YOU THE HIGH POINTS.
THE OTHER THING YOU'RE GONNA HAVE TO DO IS YOU HAVE TO TAKE OPEN MEETINGS ACT TRAINING WITHIN 90 DAYS OF BEING APPOINTED.
SO YOU WON'T JUST HEAR THAT ONCE YOU'LL HEAR, HEAR IT AGAIN.
IT'S GOOD TO HEAR THESE THINGS OVER AND OVER AGAIN.
THE OPEN MEETINGS, ZACH, THE IMPORTANT THING TO REMEMBER IS, UM, THE DECISIONS THAT YOU MAKE HAVE TO BE DONE IN A PUBLIC SETTING WHERE THE PUBLIC KNOWS WHAT YOU'RE GONNA TALK ABOUT, HAS AN OPPORTUNITY TO COME AND PARTICIPATE, WATCH, WATCH THE DISCUSSION, UM, AND HAVE THE VOTE BE PUBLIC.
SO THAT MEANS WHERE IF YOU HAVE A QUORUM OF THE P AND Z MEETING, SO FOR YOU, THAT'S FOUR, FOUR OF YOU, IF FOUR OF YOU ARE MEETING, DISCUSSING BUSINESS THAT COMES BEFORE YOU, THAT HAS TO BE AT A POSTED MEETING.
THERE HAS TO BE AN AGENDA POSTED AT LEAST 72 HOURS IN ADVANCE THAT TALKS, SHOWS WHAT YOU'RE GONNA TALK ABOUT.
AND, UM, YOU HAVE TO HAVE THAT MEETING PUBLICLY IN THAT LOCATION THAT'S SHOWN IN THE AGENDA.
THAT'S, AND IF YOU FAIL TO DO THAT, THAT'S A VIOLATION OF THE OPEN MEETINGS ACT AND IT MAKES YOUR ACTION VOIDABLE.
UM, AND IT COULD, IT'S GOT, THERE'S CRIMINAL PENALTIES ASSOCIATED WITH IT.
IT'S ALSO AGAINST THE LAW TO MEET IN GROUPS OF LESS THAN A QUORUM FOR THE PURPOSE OF LINING UP THE VOTES SO THAT WHEN YOU COME TO THE MEETING, IT'S, YOU JUST VOTE WITHOUT THE DISCUSSION.
SO THAT'S A VIOLATION OF OPEN MEETINGS ACT AS WELL WRITTEN COMMUNICATIONS IN WHATEVER FORM, TEXT, SOCIAL MEDIA, EMAIL, THOSE ARE AMONGST A QUORUM OR IN THOSE SMALLER GROUPS WITH THE INTENT OF, UH, CIRCUMVENTING OPEN MEETINGS ACT, THAT IS A VIOLATION OF THE OPEN MEETINGS ACT AS WELL.
SO IT'S, YOU KNOW, THEY'RE THERE FOR EVERYBODY TO SEE.
UM, THEY CAN GET THAT WITH AN OPEN RECORDS REQUEST.
SO THE, THE BEST PRACTICE IS THE BEST PRACTICE FOR P AND Z IS TO REALLY NOT TO DISCUSS ANY OF THE CASES WITH, WITH EACH OTHER OUTSIDE OF THE MEETING.
AND THERE'S A COUPLE REASONS FOR THAT.
ONE, IT, IT JUST KEEPS YOU COMPLETELY COMPLIANT WITH OPEN MEETINGS ACT.
BUT ALSO, YOU KNOW, YOU, YOU HAVE THE BENEFIT OF THE DISCUSSION WITH YOUR GROUP HERE.
EVERYONE'S GONNA HAVE DIFFERENT POINTS OF VIEW AND IDEAS AND, UM, REASONS WHY YOU HAVE THE POSITION YOU HAVE.
AND THAT IS BEST DONE IN THE GROUP.
'CAUSE THE, YOU KNOW, EVERYBODY BENEFITS FROM THAT GROUP DISCUSSION, HEARING ALL OF THAT.
IF YOU HAVE TWO OR THREE THAT ARE DISCUSSING SOMETHING OUTSIDE A MEETING AND THAT DISCUSSION DOESN'T HAPPEN HERE, YOU DON'T GET AS GOOD OF A DECISION THAT COMES OUT.
THE OTHER MEMBERS DON'T BENEFIT FROM THAT, FROM THAT DISCUSSION.
AND SO, UM, THE BEST IS JUST TO, YOU KNOW, ANY DISCUSSION HAPPENS HERE IN THE MEETING WITH THE GROUP POSTED STAFF TAKES CARE OF POSTING.
YOU DON'T HAVE TO WORRY ABOUT THAT PART.
UM, WENT ON THE NOTE ABOUT SOCIAL MEDIA.
THAT'S KIND OF THE WILD WEST OF WHAT'S, YOU KNOW, CAN YOU, CAN YOU VIOLATE THE OPEN MEETINGS ACT ON A SOCIAL MEDIA? I DON'T DO SOCIAL MEDIA, SO I DUNNO ALL THE MECHANICS OF IT.
UM, BUT TAKING TO SOCIAL MEDIA CAN HAVE AN OPEN MEETINGS ACT ISSUE BECAUSE WE JUST DON'T KNOW IF, IF FOUR OF YOU START COMMENTING ON SOCIAL MEDIA ABOUT A CASE, THAT WOULD BE AN OPEN MEETINGS ACT VIOLATION.
IF I'M READING IT AND JUST LIKING THINGS OR I'M A MEMBER OF THE SAME GROUP.
IS THAT AN OPEN MEETINGS ACT VIOLATION?
[00:45:02]
I, IT'S, IT'S KIND OF AN UNKNOWN.SO IT'S BEST JUST TO STAY OFF.
BUT THERE'S ANOTHER REASON FOR THAT.
IF YOU GET INTO A, UM, IF THERE'S A PARTICULARLY KIND OF HEATED CASE IN FRONT OF YOU AND YOU GET ON SOCIAL MEDIA AND YOU START ADVOCATING ONE POSITION OR ANOTHER AND YOU USE SOCIAL MEDIA TO ADVOCATE IN THAT FORUM THAT, UM, WHAT THAT, AND YOU'VE ALL, WE SEE HOW SOCIAL MEDIA GOES, IT'S KIND OF BACK AND FORTH AND PEOPLE CAN LOSE THEIR CIVILITY AND LOSE THEIR HEADS A BIT.
THE WHAT YOU WRITE OUT THERE, IT'S, IT'S OUT THERE FOREVER.
AND WHAT THAT COULD DO IS UNDERMINE THE DECISION YOU MAKE HERE.
IT COULD UNDERMINE IF YOU'RE MAKING THE DECISION FOR THE RIGHT REASON HERE, BUT IN SOCIAL MEDIA, YOU SAY SOMETHING ILL ADVISED IN THE HEAT OF THE MOMENT, IT CAN UNDERMINE, IT CAN MAKE IT LOOK LIKE YOU'RE MAKING IT FOR A DECISION.
THAT'S A REASON THAT'S IMPROPER.
SO IT'S JUST BEST TO NOT TALK ABOUT ZONING CASES ON SOCIAL MEDIA.
JUST AGAIN, HAVE THE DISCUSSION HERE WITH YOUR GROUP, UM, IN THIS SETTING.
PUBLIC INFORMATION ACT IS, UH, ANYTHING THAT YOU PUT IN WRITING THAT IS RELATED TO YOUR ROLE AS COMMISSION MEMBER IS PUBLIC INFORMATION.
THAT MEANS SOMEBODY CAN MAKE, SUBMIT A REQUEST TO THE CITY AND GET A COPY OF IT.
AND SO THE, THE BOTTOM LINE HERE IS IF YOU DON'T WANNA SEE IT OUT THERE, SOMETHING THAT YOU WROTE, DON'T WRITE IT.
THAT'S PROBABLY THE EASIEST THING TO DO.
UM, BUT, BUT ALSO BE AWARE THAT ALL OF YOUR DEVICES, WHETHER THEY'RE PERSONAL OR CITY, IF YOU WRITE ABOUT P AND Z BUSINESS, THAT'S PUBLIC INFORMATION.
SO SOMEONE COULD SUBMIT A REQUEST TO YOU OR TO THE CITY AND ASK FOR ALL EMAILS OR CORRESPONDENCE OR TEXTS ABOUT THE C U P CASE, FOR EXAMPLE, THAT'S ON THE AGENDA.
AND THEN YOU'LL GET A COPY OF THAT REQUEST AND YOU'LL BE ASKED TO DISCLOSE EVERYTHING.
AND THAT MEANS YOU HAVE TO GO THROUGH ALL YOUR PERSONAL DEVICES AND DISCLOSE THAT.
JUST 'CAUSE IT'S ON A PERSONAL DEVICE DOES NOT MAKE IT PRIVATE.
THE CITY'S GONNA PROVIDE YOU WITH CITY EMAILS AND THAT'LL DO TWO THINGS.
KEEPS THINGS SEPARATE SO YOU CAN, LIKE MY PRIVATE IS PRIVATE, MY PUBLIC IS PUBLIC.
IF I, IF I GET AN OPEN RECORDS REQUEST, THEN I KNOW IT'S ALL GONNA BE HERE AND IT'S NOT GONNA BE ANY PLACE ELSE.
IF SOMEONE CONTACTS YOU ON YOUR PERSONAL EMAIL, SAY USE MY CITY EMAIL.
IF SOMEONE TRIES TO TEXT YOU, SAY USE MY CITY EMAIL, JUST DIRECT EVERYBODY TOWARDS THAT.
UM, AND THAT WILL KEEP IT ISOLATED FOR THAT.
DO WE HAVE A CITY EMAIL? I DIDN'T KNOW THAT WAS OBTAINABLE FOR P N C.
UH, WILL ATKINSON, FOR THE RECORD DIRECTOR OF PLANNING MY MICROPHONE'S A WEIRD ONE.
SO, UM, THERE'S GONNA, THERE'S SOME, UH, INFORMATION THAT, UM, THAT I NEED FROM THEM BEFORE I HAND 'EM OFF TO Y'ALL, SO, OKAY, THANKS.
THE, THE OTHER THING IS THAT, UM, THERE ARE RECORDS, RETENTION LAWS.
YOU HAVE TO KEEP PUBLIC RECORDS FOR A CERTAIN PERIOD OF TIME AND IT EXTENDS TO YOUR PRIVATE DEVICES AND EMAILS.
AND THE REQUIREMENT IS, YOU, YOU, IF YOU HAVE IT ON YOUR PRIVATE DEVICE, YOU HAVE TO KEEP IT FOR THE PERIOD OF TIME AND IN THE SAME MANNER THAT THE CITY WOULD.
AND SO TRANSFER THAT BURDEN TO THE CITY, THAT'S THE BEST WAY TO DO THAT.
UM, BECAUSE IF YOU DON'T, THERE'S CONSEQUENCES FOR NOT DOING THAT.
AND THE, AGAIN, WHEN THERE'S AN OPEN RECORDS REQUEST THAT'S MADE, YOU KNOW, THE CITY SECRETARY AND IT CAN JUST PULL THIS, THE RECORDS FOR YOU IF YOU'RE STRICTLY USING YOUR CITY EMAIL AND THAT TAKES BURDEN OFF OF YOU.
'CAUSE YOU'RE, YOU'RE ALREADY VOLUNTEERS, YOU'RE, YOU'RE SPENDING YOUR TIME HERE, UM, YOU'RE VOLUNTEERING YOUR TIME HERE, HAVING TO ADD ADDITIONAL TIME FOR RESPONDING TO PUBLIC INFORMATION ACT REQUESTS.
UM, YOU CAN AVOID THAT BY HAVING, USING THAT CITY EMAIL AND THEN THE CITY CAN TAKE CARE OF, OF PULLING RECORDS WHEN NEEDED FOR OPEN RECORDS REQUESTS.
ANY QUESTIONS ON THAT? OKAY, J JUST ON CONFLICTS OF INTEREST, YOU'RE SUBJECT TO THE CITY'S ETHICS ORDINANCE AND THERE'S ETHICS TRAINING THAT HAPPENS EVERY ONCE IN A WHILE.
SO THAT, THAT WOULD BE SOMETHING THAT YOU SHOULD ATTEND WHEN THEY HAVE IT.
THE HIGH POINTS THERE, THEY'RE THE COMMON SENSE THINGS, WHICH IS THERE'S A STATE LAW AND THEN THERE'S THE, UM, CITY'S ETHICS ORDINANCE AND THEN THERE'S KIND OF THE ANTI-CORRUPTION LAWS THAT ARE, YOU KNOW, LIKE BRIBERY DO.
YOU CAN'T TAKE SOMETHING OF VALUE IN EXCHANGE FOR
[00:50:01]
VOTING ONE WAY OR THE OTHER.THAT'S GENERAL CONCEPT OF ANTI-BRIBERY STATUTES.
UM, ETHICS ORDINANCE HAS SOMETHING SIMILAR, WHICH IS, DON'T TAKE A GIFT OR SOMETHING OF BENEFIT FROM SOMEBODY WHO'S GOT BUSINESS IN FRONT OF YOU OR AN EXCHANGE FOR YOUR VOTE.
THOSE ARE, AND THAT INCLUDES A GIFT TO A, UH, A FAMILY MEMBER WOULD BE, WHICH IS GIVEN FOR THE PURPOSE OF INFLUENCING YOUR VOTES.
THOSE ARE PROHIBITED, UM, USING, ADVANCING A PRIVATE INTEREST OR THAT OF A THIRD PARTY FROM YOUR VOTE, THAT THAT IS ALSO PROHIBITED.
AND SO THERE'S A COUPLE OF PROVISIONS THAT DEAL WITH THAT.
BUT IF, IF THERE'S A, A, A MATTER THAT COMES BEFORE YOU THAT IMPACTS YOUR OWN PERSONAL PROPERTY, EITHER BECAUSE IT'S ACTUALLY YOUR PROPERTY OR IT'S CLOSE ENOUGH TO THE PARTICULAR ZONING CASE THAT YOU, IT HAS A PARTICULAR ECONOMIC BENEFIT TO YOU, EITHER POSITIVE OR NEGATIVE, THEN THAT'S SOMETHING THAT YOU SHOULD DISCLOSE THE CONFLICT AND RECUSE YOURSELF.
IF THERE'S A, UM, A MATTER THAT COMES BEFORE YOU THAT IMPACTS A BUSINESS FROM WHICH YOU RECEIVE INCOME OR A FAMILY MEMBER RECEIVES INCOME, THEN YOU SHOULD DISCLOSE THAT AND RECUSE YOURSELF.
'CAUSE YOUR ROLE HERE IS TO MAKE A DECISION BASED ON WHAT'S IN THE BEST INTEREST OF THE PUBLIC AND THE CITY AS A WHOLE.
IF THERE, IF SOMETHING COMES BEFORE YOU THAT PUTS A PRIVATE INTEREST IN FRONT OF THAT PUBLIC INTEREST, WHETHER IT'S YOUR OWN ECONOMIC BENEFIT PLUS OR MINUS, OR YOUR A FAMILY MEMBER THAT THERE'S DISCLOSURE AND RECUSAL REQUIREMENTS AND THE CITY SECRETARY AND THE STAFF HAVE, THEY HAVE FORMS THAT WOULD ALLOW YOU TO MAKE THAT DISCLOSURE.
AND THEN YOU JUST STEP OFF THE DAIS AND YOU DON'T PARTICIPATE IN THE VOTE OR THE DISCUSSION AND THEN YOU CAN COME BACK TO THE ITEM.
SO THERE'S NO, THERE'S NO SHAME IN MAKING THE DISCLOSURE.
THAT'S WHAT YOU'RE SUPPOSED TO DO.
IT'S, IT'S A VERY GOOD THING TO DO.
AND IT DOCU DOCUMENTS COMPLIANCE.
UM,
IF SOMETHING WITHIN SOMETHING THAT COMES BEFORE US COULD AFFECT THAT, THAT UM, H O A ENTITY I PROBABLY SHOULD RECUSE MYSELF OR RECUSE, SORRY.
SAME THING AS MY, UM, ROLE AS A BOARD OF TRUSTEES MEMBER FOR THE COUNTY LINE WATER DISTRICT.
IT'S POSSIBLE THAT YOU SHOULD DO THAT.
IT'S THE EACH, YOU HAVE TO LOOK AT EACH CASE ON CASE BY CASE BASIS.
UM, IF YOU HAVE A QUESTION THOUGH, LIKE IF, IF YOU'RE STARTING TO ASK A QUESTION, JUST ASK AND WE WILL GET YOU AN ANSWER SO THAT YOU CAN MAKE A GOOD DECISION.
AND IF, IF YOU'VE GOT ANY QUESTIONS ABOUT WHETHER YOU NEED TO DISCLOSE OR RECUSE OR IF THERE'S A CONFLICT OF INTEREST, ALWAYS ASK, UM, ALWAYS ERR IN THE SIDE OF ASKING AND THEN YOU WILL GET A WRITTEN RESPONSE SO THAT YOU CAN RELY ON IT AND SAY, I ASKED AND I WAS TOLD I WAS FINE, OR I ASKED AND I WAS ADVISED TO RECUSE.
AND, AND THEN WE WILL LEAD YOU THROUGH THE PROCESS TO, UM, DOCUMENT THAT YOU RECUSE YOURSELF FROM THAT.
I'VE GOT A CHART OF THAT KIND OF SHOWS SOME OF THE STATE LAWS AND HOW THOSE RECUSALS HAPPEN.
SO I CAN GIVE THAT TO WILL TO SHARE WITH Y'ALL.
UM, THAT JUST KIND OF DETAILS THAT A LITTLE BIT MORE.
ARE THERE ANY OTHER QUESTIONS? YEAH.
UM, I JUST HAD A GENERAL QUESTION AND PROBABLY CAN'T BE ANSWERED HERE, BUT IT'S MY UNDERSTANDING NEVERTHELESS, THAT YOU MADE REFERENCE TO A, UH, THE SITUATION WITH THE AUTO DEALERS AND THE STATE LAW CAME IN AND PREEMPTED LOCAL DECISIONS AND SAID, NO, IT'S GOING TO BE THIS WAY.
MY UNDERSTANDING IS THAT THAT'S HAPPENING MORE AND MORE WHERE THERE'S PREEMPTION AND THAT THE DEVELOPMENT, UH, PRACTICES OR AUTHORITIES OF LOCAL UH, GOVERNMENTS HAVE BEEN, UH, CHANGED QUITE A BIT THESE LAST FEW YEARS.
IS THAT, UH, ROUGHLY THE CASE? UH, YEAH.
THE, THE CITIES USED TO BE ABLE TO REGULATE BUILDING MATERIALS AND THAT'S SEVERELY BEEN MORE SEVERELY LIMITED IF YOU WANT TO.
UH, THERE ARE CERTAIN AGRICULTURAL AND VETERINARY TYPE BUSINESSES THAT HAVE A LOT OF PROTECTION NOW IN THIS LAST LEGISLATIVE SESSION.
UM, HAVING A LINE OF SIGHT ON IF I'M, IF IF YOUR DECISION IS TAKING AWAY USES OF PROPERTY, THEN CITY HAVING TO COMPENSATE, THOSE ARE KIND OF THE CATEGORIES OF, UH, STATUTES THAT HAVE BEEN PASSED THAT IMPACT THE CITY'S PLANNING AUTHORITY THAT GETS LOOKED AT WHEN SOMETHING COMES BEFORE YOU.
OR IF THIS, IF THIS, IF THE CITY HAS TO ENFORCE AN ORDINANCE, THEN YOU DON'T TYPICALLY
[00:55:01]
SEE THAT PART OF IT, BUT THAT GETS ANALYZED WHETHER THEY CAN STILL ENFORCE THE ORDINANCE, UM, WHEN THEY BRING FORWARD AMENDMENTS THAT GETS ANALYZED BEFORE THE AMENDMENT GETS TO YOU.IT MAY GET, YOU KNOW, IF THE QUESTION COMES UP, PLEASE FEEL FREE TO ASK QUESTIONS AND SATISFY YOURSELF THAT, UM, ALL THAT IS BEING ADDRESSED WHENEVER YOU GET AN AMENDMENT BEFORE YOU, 'CAUSE THERE'S ALWAYS A DIFFERENT WAY TO LOOK AT THINGS.
AND SO IT HELPS TO HAVE INPUT FROM COMMUNITY, FROM P AND Z SO THAT WE CAN MAKE SURE WE'RE LOOKING AT IT FROM ALL ANGLES.
AND MAYBE THERE'S SOMETHING THAT NEEDS TO BE DRESSED A LITTLE BIT DIFFERENTLY THAN WHAT IS BEFORE YOU, BUT THAT, YES.
SO THE ANSWER IS YES AND I PROBABLY MORE THAN WHAT I JUST MENTIONED ALSO, BUT YOU MAY RUN INTO THOSE FROM TIME TO TIME.
AND JUST FEEL FREE TO ASK QUESTIONS WHENEVER YOU NEED TO AND AS YOU SERVE AS COMMISSIONERS AND THANK YOU FOR YOUR SERVICE.
CAN WE GET A COPY OF THE SLIDE PRESENTATION EMAILED TO US? THANK YOU.
[6. Consent]
CONSENT.UH, ITEM SIX A IS A REPL OF LOT ONE PANTHER PARK SECTION TWO SUB DASH 23 DASH 0 3 1 0.85, THREE ACRES, TWO LOTS, LOCATED AT EIGHT 70 VETERANS DRIVE.
UH, STAFF PROPOSAL IS TO APPROVE THE REPL AS THE DOCUMENT IS COMPLIANT.
UM, DO YOU HAVE A PRESENTATION FOR THIS ITEM? NOT ME.
OH, YOU'RE JUST LEAVING JASON.
UH, WILL ATKINSON P DIRECTOR FOR THE RECORD, UM, BOTH OF THESE ITEMS ARE IN CONSENT, SO IF Y'ALL ARE WANTING TO DISCUSS ONE OR MORE ITEMS, UM, THEN IT DOES NEED TO BE PULLED FROM CONSENT TO DO SO.
YEAH, YOU, YOU CAN MAKE A MOTION TO APPROVE BOTH ITEMS IF YOU DON'T WISH TO DISCUSS IT.
[A.
Replat of Lot 1 Panther Park, Section 2 (SUB-23-0310) 1.853 acres; 2 lots located at 870 Veterans Drive.
Staff Proposal to P&Z: Approve
]PULL ITEM A SIX A.YOU WISH TO HAVE IT TABLED FOR FUTURE? NO, I JUST HAVE A QUICK QUESTION ABOUT IT.
AND THAT IS, I'M ASSUMING FROM LOOKING AT THE PLATT DRAWING, UM, THE DRIVEWAY, UH, FROM VETERANS DRIVE TO, UH, LOT ONE A IS ALSO SHARED WITH TWO A, CORRECT? UH, WELL I CAN SEND FOR THE RECORD THAT IS CORRECT.
UH, AS A PER OUR SUBDIVISION CODE AND ALSO GENERAL PRACTICES, WE DO, WE UH, WE COORDINATE WITH, UM, DEVELOPERS TO MAKE SURE THAT, OR COMMERCIAL DEVELOPERS, THAT THEY HAVE INTER PARCEL ACCESS OFF THE PUBLIC RIGHT OF WAY.
THAT WAS, I JUST WANTED TO CONFIRM THAT.
WE NEED A MOTION TO APPROVE THIS ITEM.
CAN I HAVE SOMEBODY MAKE A MOTION? MOTION TO APPROVE ITEM SIX A SECOND.
SO THE ITEM HAS BEEN, UH, OF TO APPROVE HAS BEEN, UH, UH, NOMINATED BY COMMISSIONER STEGEL AND, UH, SECONDED BY COMMISSIONER SHIELDS.
ANY DISCUSSION ON, ON THE MATTER? ANYTHING ELSE? OKAY, WE'LL GO TO A VOTE.
ALL IN FAVOR OF THE APPROVAL, SAY AYE.
ALL UH, AGAINST SAY NAYYY, THE VOTE IS UNANIMOUS AND UH, THE ITEM IS APPROVED.
UH, THE NEXT CONSENT ITEM IS, UH, ITEM SIX B,
[B.
Plum Creek Brick and Mortar Commercial, Block A - Final Plat (SUB-23-0313) 4.7678 acres; 1 commercial lot located at the intersection of FM 1626 and Kohler's Crossing.
Staff Proposal to P&Z: Approve
]THE PLUM CREEK BRICK AND MORTAR COMMERCIAL BLOCK.A FINAL PLATT SUB DASH 23 DASH 0 3 13 4 0.7678 ACRES, ONE COMMERCIAL LOT LOCATED AT THE INTERSECTION OF FM 1626 AND KOHLER CROSSING.
UH, THE STAFF RECOMMENDATION IS TO APPROVE THIS FINAL PLAT.
WILL IT NEED A MOTION TO APPROVE THE ITEM? DO WE HAVE A MOTION TO APPROVE? I MAKE A MOTION TO APPROVE.
SO, UH, COMMISSIONER MATA HAS MADE A MOTION TO APPROVE AND SECONDED BY COMMISSIONER SEALS.
UH, DO WE HAVE ANY DISCUSSION, UH, ON THE MATTER? OKAY, WE'LL GO TO A VOTE THEN.
UM, ALL IN FAVOR OF APPROVAL, SAY AYE.
WE'RE GONNA MOVE ON TO ITEM SEVEN.
[01:00:01]
POSSIBLE ACTION ITEM SEVEN A,[A.
Consider a request to construct an approximately 11,530 square feet retail shell building located at 1050 Bunton Creek Road within the Goforth Road Overlay. (Bunton Retail Center - Conditional Use Permit - CUP-23-0086)
]CONSIDER A REQUEST TO CONSTRUCT AN APPROXIMATELY 11,530 SQUARE FOOT RETAIL SHELL BUILDING LOCATED AT 10 50 BUNTON CREEK ROAD WITHIN THE GO FORTH ROAD OVERLAY.BUNTON RETAIL CENTER CONDITIONAL USE PERMIT, C U P DASH 23 DASH 0 0 86.
STAFF HAS FOUND THE REQUEST TO BE COMPLIANT WITH THE GO FORTH ROAD OVERLAY AND RECOMMENDS APPROVAL.
KAYLA, YOU HAVE A PRESENTATION FOR THIS ITEM? YES, I DO.
UM, KAYLA SHARP CITY PLANNER FOR THE RECORD.
UM, SO TONIGHT WE HAVE A CONDITIONAL USE PERMIT, UM, FOR THE PROPERTY LOCATED AT, UH, 1 0 5 0 BUTTON CREEK ROAD.
THIS ONE IS IN THE GO FORTH ROAD OVERLAY.
UM, SO AT, AT, UM, BUTTON CREEK ROAD AND GO FORTH ROAD, UM, IT'S APPROXIMATELY 11,500 SQUARE FEET AND IT'LL BE A RETAIL SHELL BUILDING.
THE MATERIALS CONSIST PRIMARILY OF STONE VENEER AND STUCCO, AND THEN THERE'S SOME APPROPRIATE ARCHITECTURAL DETAILS TO ACCENT THE BUILDING.
UM, LET'S SEE, AND THEN THIS IS, UM, THE OVERLAY MAP SHOWING THAT IT'S IN THE GO FORTH ROAD OVERLAY.
UM, I KNOW IT'S KINDA HARD TO SEE.
UM, SO WE HAVE SOME RENDERINGS FOR YOU AND THEN THIS ONE IS A LITTLE BIT DIFFERENT THAN THE I 35 OVERLAY.
THIS ONE DOES NOT HAVE ANY SORT OF, UM, BUILDING MATERIAL REQUIREMENTS OR ANYTHING LIKE THAT.
UM, SO THIS ONE IS COMPLIANT AND WE RECOMMEND APPROVAL.
AND THEN HERE'S THOSE, UM, DRAWINGS AS WELL.
AND THEN SITE PLAN AND THE LANDSCAPE PLAN.
ANY QUESTIONS FOR STAFF? YES, I HAVE A QUESTION.
UM, THE SHRUBBERY IN THE BACK OF THE BUILDING, BEST I COULD TELL HAVING READ THE LIST OF TREES AND SHRUBS SHOULD GENERALLY BLOCK THE VIEW OF THE BACK OF THE BUILDING FOR THE RESIDENTIAL NEIGHBORHOOD BEHIND IT.
IT'S, IT'S GENERALLY A LANDSCAPE BUFFER AGAINST RESIDENTIAL.
UM, SO THIS, UM, SITE PLAN WAS FOUND TO BE COMPLIANT WITH THE REGULATIONS, UM, LATE 2021.
SO THIS WAS APPROVED A WHILE AGO.
ANY OTHER QUESTIONS FOR STAFF? OKAY, I'D LIKE A MOTION ON THIS ITEM.
ANYBODY LIKE TO MAKE A MOTION? MAKE A MOTION TO APPROVE.
AND COMMISSIONER SHIELDS SECONDING THIS MOTION.
UH, ANY DISCUSSION ON THAT? UH, I DID GO AND HAVE A LOOK AT THE PROPERTY.
I THINK IT'S APPROPRIATE USE FOR, IT ALIGNS WITH OUR COMPREHENSIVE PLAN AND DRAFT COMPREHENSIVE PLAN IN THAT IT'S INFILL AND, UH, IT DOESN'T REQUIRE ANY ADDITIONAL STRUCTURES AND SO FORTH.
SO, UM, SEEMS, SEEMS APPROPRIATE.
ANY OTHER DISCUSSION ON THIS? OKAY, LET'S GO TO A VOTE.
MOVING ON TO THE NEXT ITEM, ITEM EIGHT, GENERAL DISCUSSION.
UH, ITEM EIGHT, A DISCUSSION REGARDING, UH, THE PLANNING ITS OWN AND COMMISSION REQUEST FOR FUTURE AGENDA ITEMS. DOES THE COMMISSION HAVE ANY ITEMS TO BE REQUESTED? SO FOR A NEW MEMBER, SETS OF APPOINTED, WHICH YOU CAN ASK FOR ITEMS TO BE PUT ON THE AGENDA IN A FUTURE TIME, IT GOES ON A LIST THAT WE HAVE AND, AND THEN WE CURATE THE LIST WITH, UH, THE PLANNING DEPARTMENT AND DECIDE, UH, WHEN TO ADD THINGS.
ANYBODY HAVE ANY ITEMS THEY WOULD LISTED TO ADD AT THIS TIME? OKAY.
[A. Staff Report by Will Atkinson, Director of Planning]
UH, ITEM NINE.DOES STAFF HAVE A REPORT TONIGHT FOR THE COMMISSION? YES.
UH, WILL ATKINSON, PLANNING DIRECTOR FOR THE RECORD.
UH, FIRST AND FOREMOST, WELCOME NEW COMMISSIONERS.
WE HAVE TRACY SHIELD IN SEAT FIVE AND DANIEL SERATO IN SEVEN.
AND, UM, TRACY HAS BEEN INVOLVED WITH THE CITY FOR A LONG TIME.
SHE WAS A FORMER, UH, CITY COUNCIL MEMBER.
SHE'S ON THE WATER LEAF, UH, BOARD, H O A BOARD, COUNTYLINE BOARD AS SHE HAD STATED.
[01:05:01]
ARE GONNA, I'M, I, AND I'M GONNA APOLOGIZE, I'M PROBABLY GONNA GET WRONG.YOU MOVED FROM HOUSTON TWO YEARS AGO? THAT'S CORRECT.
ABOUT BUT BORN AND RAISED IN AUSTIN.
AND, UM, HE HAS A REALLY STRONG INTEREST IN WANTING TO KNOW HOW DEVELOPMENT HAPPENS IN, IN TEXAS.
UM, HE'S BEEN, HE'S BEEN WATCHING MEETINGS.
HE, HE HAS A MENTOR OUT OF I THINK WYOMING.
UM, AND SO, UH, UM, WE'RE, WE'RE EXCITED TO HAVE A, A FULLY STAFFED P AND Z WARD AND, UM, AND, UH, EXCITED TO HAVE Y'ALL LEARN AND HAVE A, A VESTED HAND IN WHAT'S HAPPENING HERE IN TOWN.
UM, NUMBER TWO, UM, AT COUNCIL LAST WEEK, UH, THEY GAVE DIRECTION, UM, FOR STAFF TO START WORKING TOGETHER WITH Y'ALL, THE P AND Z COMMISSION, UH, TO START DOING SOME RESEARCH AND WORKSHOPS IN TWO WAYS TO IMPROVE OUR WATER CONSERVATION POLICIES AND REGULATIONS AND MAYBE WORKING ON SOME PROGRAMS TO PUT TOGETHER.
UM, SO, UM, IF YOU, IF YOU WANT A LITTLE BIT MORE DETAILED, UH, DIRECTION BASED ON THE CONVERSATION, THERE IS A RECORDING ONLINE FOR THE CITY OF KYLE, UH, WEBSITE UNDER THE CITY COUNCIL, UH, VIDEO.
IT'S, UH, ITEM NUMBER 33 ON THE NINE FIVE AGENDA.
SO, UM, WE WILL BE WORKING ON, UH, GETTING A, A WORKSHOP ITEM HERE SHORTLY IN ONE OF THE UPCOMING MEETINGS AND ALSO SHOWING YOU WHAT OUR CURRENT LANDSCAPE CODE IS THAT WE JUST UPDATED AND, AND, UH, SO WE CAN START HAVING THOSE DISCUSSIONS.
AND THEN I THINK, UH, JASON HAS ONE MORE THING FOR US.
FOR THE RECORD, UH, I JUST WANTED TO UPDATE Y'ALL ON THE GREG GARDENS, UH, SUBDIVISION PLAT.
I'D GOTTEN AN EMAIL, UM, QUESTIONING THE ACCESS OF SOME TOWN TOWNHOMES ON AN ALLEY.
UM, IT WAS A 20 FOOT ALLEY, SO WE DID SOME RESEARCH ON, ON THAT ONE.
UM, THERE'S A COUPLE OF CORKS IN OUR CODE.
UM, THEY ACTUALLY DO ALLOW A TOWNHOME PRODUCT TO HAVE FRONTAGE ALONG AN ALLEY IF IT IS WITHIN A P.
UM, IT'S, IT'S, IT'S VERY RANDOM KIND OF SECTION OF CODE.
UM, I CAN TELL YOU FROM A STAFF PERSPECTIVE, WE'RE PROBABLY NOT A BIG FAN OF THAT.
SO AS WE KIND OF MAKE SOME NOTES ON THINGS WE WANT TO CHANGE, THAT'S PROBABLY ONE OF 'EM THAT WE WANT TO DO.
UM, SO THAT JUST KIND OF HEADS UP ON, ON THAT WE DID LOOK INTO THAT.
WE DID ACTUALLY, UM, REACH OUT TO THE DEVELOPER TO SEE IF THERE WAS AN OPTION TO MAYBE WIDEN THAT.
UM, AT THIS POINT THEY WERE ALREADY MOBILIZING FOR CONSTRUCTION AND ALL THIS PLANS, SO WE DID TRY AND KIND OF BRING THAT BACK AND JUST KIND OF DISCUSS OUR CONCERNS.
UM, BUT, BUT WE DID FIND THAT SECTION OF CODE THAT ALLOWS THAT.
SO, SO THAT MIGHT BE SOMETHING WE LOOK AT IN THE NEAR FUTURE ABOUT CHANGING BECAUSE IF THEY KNEW THAT OTHER PEOPLE KNOW IT TOO.
AND THERE'S, THERE'S SEVERAL OF SECTIONS OF CODE THAT WILL MOST LIKELY NEED TO BE UPDATED IN THE SUBDIVISION ORDINANCE AS WE START WORKING THROUGH TWEAKS TO OUR ZONING ORDINANCE, JUST TO MAKE SURE THAT THOSE ARE MARRIED UP.
UM, AND, AND NOT JUST PLANNING RELATED, THEY'LL BE PROBABLY, UH, WE'LL BE LOOKING AT UH, STREET CROSS SECTIONS, ADDING SOME OF THOSE.
THERE'S BEEN SOME CONCERNS ABOUT THE PRIVATE, UM, STREETS WITH FIRE ACCESS.
SO WE WANT TO KIND OF DEVELOP SOME STANDARDS, UM, THAT WAY IF WE DO HAVE SOME STREETS THAT ARE NO PARKING, 'CAUSE IT'S 20 FOOT, UM, THAT WE BEEF UP THE ZONING CODE TO REQUIRE ADDITIONAL OFF STREET PARKING IN THE AREA TO ACCOMMODATE THE LACK OF ON-STREET PARKING.
SO JUST LIKE I SAID, WANTED TO FOLLOW UP ON THAT ONE 'CAUSE YOU RAISED THAT QUESTION.
ADJOURNMENT, UH, HAVING NO FURTHER BUSINESS.
THE MEETING OF THE PLANNING, ITS ZONING COMMISSION IS ADJOURNED.