Dec 10, 2024 Planning and Zoning Meeting

OKAY.

ALRIGHT.

[00:00:01]

IT IS SIX 30 ON DECEMBER THE 10TH, 2024.

MY NAME IS TRACY SHIELD AS THE VICE CHAIR OF THIS COMMITTEE.

I CALL THE PLANNING AND ZONING, UH, REGULARLY SCHEDULED.

UH, MEETING TO ORDER.

ALL RIGHT.

NUMBER TWO, APPROVAL OF THE MINUTES.

WE HAVE TO DO ROLL CALL.

OH, ROLL CALL.

VOTE.

SORRY.

DELORE WEBB.

PRESENT.

STEGEL.

HERE.

KIN SHIELD.

HERE.

HOW? HERE.

SERTA HERE.

ALL RIGHT.

WE HAVE FIVE MEMBERS AND WE HAVE QUORUM.

ALL

[II) Approval of Minutes]

APPROVAL OF THE MINUTES.

MADAM CHAIR, MAKE A MOTION FOR APPROVAL OF THE MINUTES AS PRESENTED.

SECOND.

ALRIGHT.

A MOTION, UH, HAS BEEN APPROVED BY, UM, UH, UH, EXCUSE ME, COMMISSIONER STEGEL AND SECONDED BY, UH, COMMISSIONER SERATO.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

ANY OPPOSED? MOTION PASSES FIVE TO ZERO CITIZENS

[III) Citizen Comment Period with Planning & Zoning Commission ]

UH, THE PLANNING AND ZONING COMMISSION WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF REGULAR MEETINGS.

SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITI, UH, CITY BUSINESS.

AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT.

ANYBODY OUT THERE? ALL RIGHT, WITH NONE? I WILL CLOSE.

CITIZEN COMMENT PERIOD.

NUMBER

[IV) Consent Agenda]

UH, DOES ANYBODY NEED TO PULL CONSENT? OKAY.

THEN, UM, ITEM NUMBER TWO IS CONSIDER APPROVAL OF A FINAL PLAT FOR HAYES COUNTY BARBECUE, LOCATED AT 5 0 5 SOUTH OLD HIGHWAY 81.

AND PLEASE MUTE YOUR PHONES.

DO WE HAVE ANY MOTIONS? UH, MOTION TO APPROVE.

UH, CONSENT AGENDA ITEM NUMBER TWO.

SECOND.

OKAY.

MOTION BY COMMISSIONER HOUCK.

SECONDED BY, UH, COMMISSIONER, UM, RAO OHO.

SORRY.

UM, ALL THOSE IN FAVOR? AYE.

AYE.

ANY OPPOSED? MOTION PASSES.

FIVE TO ZERO.

[3) Consider approval of a request for revisions to the building façade located at 250 Chula Hill Road (ProSource - CUP-24-0120)]

AND THIS IS PROSOURCE.

AND MR. JASON EVENING COMMISSIONERS.

GIMME ONE SECOND.

I'LL START MY PRESENTATION TODAY.

UH, SO THIS IS CUP 24 0 1 2 0.

UH, THIS IS A PRO SOURCE.

UH, SOME OF YOU MAY HAVE, UH, REMEMBERED THIS PROJECT.

UH, I BELIEVE SOME OF YOU ARE ON THE BOARDS FOR OTHERS.

UH, THIS WILL BE NEW, SO I'LL TRY AND GO OVER A LITTLE BIT OF THE, THE BACKGROUND.

UM, THIS PROJECT IS LOCATED AT TWO 50 CHULA HILL DRIVE.

THIS IS HAYES COMMERCE CENTER.

THIS IS A PLANNED UNIT DEVELOPMENT DISTRICT.

UH, IT'S APPROXIMATELY 375 FEET FROM I 35, UH, ALONG THE FRONTAGE ROAD.

YOU CAN SEE THE PROPERTY HIGHLIGHTED, UH, IN BLUE THERE.

UH, MAKE SURE, HOLD ON, MAKE SURE THE SLIDES SHOWS.

THERE WE GO.

UH, AGAIN, I MENTIONED THIS IS A ZONE FOR PUT, IT DOES ALLOW THE PROPOSED USE.

UH, THERE ARE SOME ALTERNATIVE LANDSCAPE REQUIREMENTS VIA THE P UM, BUT IT ALSO APPLIES TO THE I 35 OVERLAY.

UH, AND IT'S KIND OF DUAL ZONING.

UM, SO THE ELEVATIONS WERE APPROVED BY PNZ ON AUGUST 8TH, 2023 WITH MODIFICATIONS.

UM, I BELIEVE WHAT WAS PRESENTED, PNZ HAD MADE THE MOTION THAT, UH, THEY WERE LOOKING FOR ADDITIONAL AWNINGS, UH, BE PLACED ON THE STRUCTURE.

UM, BUT THEY WEREN'T SURE EXACTLY WHICH ONES OR WHERE.

SO THEY ALLOWED STAFF THE AUTHORITY TO APPROVE THOSE VERSUS BRINGING THAT BACK TO, TO PNZ TO, TO KIND OF SAVE SOME TIME.

UM, SO IF YOU REMEMBER, THESE ARE THE ORIGINAL ELEVATIONS, UH, THAT WERE PRESENTED TO PNZ.

UH, THERE WAS A COUPLE OF DOORS THAT WERE MISSING SOME AWNINGS, UH, IN THE REAR.

UH, AND THEN WHEN, UH, WE WENT THROUGH THE AND PAINT COLORS, UH, HERE WERE APPROVED.

UM, HOWEVER, UM, WHEN WE LOOKED AT THE SITE

[00:05:01]

UM, SO THE APPLICANT HAD ORIGINALLY RESUBMITTED THOSE ELEVATIONS AFTER P AND Z.

UM, THEY HAD ADDITIONAL AWNINGS, UH, OVER THE REGULAR AND OVERHEAD DOORS ON THE REAR OF THE BUILDING.

UM, HOWEVER, DURING CONSTRUCTION, UM, THE ADDITIONAL AWNINGS WERE PLACED ON THE FRONT OF THE BUILDING.

UM, THERE'S SOME ENTRY DOORWAYS, DOORWAYS THERE TO THE MAIN STRUCTURE.

UM, SO THEY MOVED THOSE FROM THE BACK TO THE FRONT.

UM, OF THOSE, UH, AND THE MOST OF THE REAR ONES WERE REMOVED, THE, THE MAIN ENTRANCE DOORS, UM, STILL HAVE THEIR AWNINGS, UH, FOR FUNCTIONAL RAIN.

UM, BUT THE OVERHEAD DOORS, THOSE AWNINGS WERE REMOVED, UH, WHICH MAKES SOME SENSE 'CAUSE THOSE ARE 18 WHEELER BAYS COMING IN.

SO, UM, YOU KNOW, STAFF SUPPORTED THOSE CHAINING, UH, CHANGES.

UH, WE FELT THAT THAT WAS APPROPRIATE.

AND SO WE APPROVED THE, THE SUBSEQUENT PLANS.

UM, HOWEVER, DURING THE SITE INSPECTION WHEN WE WENT OUT THERE, WE NOTICED, UH, NOT ONLY WERE SOME OF THE AWNINGS MISSING, UM, OVER THE BACK, UH, UH, SORRY, I NEED TO RERE, UH, REDO THAT STATEMENT.

UM, ORIGINALLY WE DIDN'T KNOW ABOUT THE AWNINGS BEING MOVED TO THE FRONT UNTIL WE DID OUR SITE INSPECTION.

AND SO WE HAD APPROVED, UM, THE ONES ON THE BACK AND NOT ON THE FRONT.

SO WHEN WE DID OUR SITE INSPECTION, WE SAW THAT, UH, THEY WERE MISSING SOME OF THE AWNINGS THAT WERE APPROVED.

PART OF THAT UPDATED IN AUGUST.

UH, SO WE, WE MADE A NOTE.

UM, BUT YOU CAN SEE THEY, THEY ADDED SOME ON THE FRONT HERE.

IT'S KIND OF HARD TO SEE ON THIS ELEVATION, BUT THERE'S SOME FUNCTIONAL DOORS HERE THAT SOME AWNINGS WERE ADDED.

UM, AGAIN, THE ISSUE WAS, UH, THE APPLICANT ORIGINALLY SHOWED THOSE AWNINGS, BUT WE HAD NO ISSUE.

UM, BUT THEN THERE WAS A SECONDARY, UH, DISCUSSION, AND THAT WAS THESE ROLL-UP DOORS HERE.

UM, SO IF YOU SEE HERE, THESE ARE NOT GLASS SEGMENTED, BUT IN THE PROPOSED RENDERINGS, THIS IS WHAT WAS SHOWN.

I KNOW IT'S A LITTLE HARD TO SEE.

UM, AND SO THE GLASS SEGMENTATION IS REQUIREMENT OF THE I 35 OVERLAY.

SO WE DID FLAG THAT AS, UH, UH, AN ISSUE FOR US AS WE GO THROUGH THE SITE, UH, DEVELOPMENT.

UH, HERE'S A SIDE BY SIDE, SO THE PREVIOUSLY APPROVED VERSUS THE INSTALLED.

UM, SO THE APPLICANT IS LOOKING FOR APPROVAL OF THIS SWITCH OUT, UM, IN REGARDS TO THAT.

UH, AND THEN AGAIN, WE WANNA FINALIZE THE, THE AWNING RELOCATIONS.

UM, SO YOU HAVE SOME OPTIONS AHEAD OF YOU TONIGHT.

YOU CAN APPROVE THE REQUESTED CUP, UH, YOU CAN APPROVE IT WITH ADDITIONAL MODIFICATIONS, UH, OR YOU CAN DENY THE REQUESTED CUP.

UH, RIGHT NOW STAFF RECOMMENDS APPROVAL OF THE MODIFICATIONS ON THE PLACEMENT OF THE AWNINGS.

THOSE ALL MADE, UH, LOGICAL AND, UH, PERFECT SENSE.

UM, BUT STAFF RECOMMENDS THE DENIAL OF THE MODIFICATIONS TO THE OVERHEAD DOORS.

JUST, IT'S SIMPLY THEY DO NOT MEET THE I 35 OVERLAY STANDARDS.

SO, UH, THE APPLICANT'S HERE, HE CAN SPEAK TO THAT.

OR IF YOU HAVE ANY SPECIFIC QUESTIONS ON THE ZONING REGS, I'LL BE GLAD TO ANSWER THOSE.

UM, SO, UH, COMMISSIONERS, I'LL TURN IT OVER TO YOU AND, AND YOU CAN ASK AWAY ANY QUESTIONS.

PRETTY STRAIGHTFORWARD.

OKAY.

I WOULD LIKE TO SPEAK TO IT IF OKAY.

PLEASE DO.

HELLO, MY NAME IS BOBBY SPEARS.

C COME SPEAK AND SPEAK INTO THE MICROPHONE.

HELLO, MY NAME IS BOBBY SPEARS.

I'M REPRESENTING PROSOURCE.

UM, SORRY, I DON'T KNOW IF Y'ALL CAN HEAR THIS.

YEAH, SO THE, THIS IS IN THE I 35 OVERLAY, BUT IT'S ALSO IN THE, THE PUD, UH, FEDEX BUILDING IS ALSO IN THE PUD.

AND THE BUILDING NEXT TO IT IS IN THE PUD.

ALONG WITH, UH, THERE'S MULTIPLE BUILDINGS INCLUDING COSTCO, LOWE'S ACADEMY.

THEY'RE ALL WITHIN THE I 35 OVERLAY DISTRICT.

NONE OF THOSE HAVE GLASS SEGMENTED OVERHEAD DOORS.

THESE OVERHEAD DOORS FACE A WAREHOUSE WITH NOTHING BUT RACKING AND INVENTORY WE'RE TO MY TRUCK.

SO THEY BACK UP INTO IT, THEY LOAD, THEY UNLOAD.

IT'S, IT'S REALLY NOT A REAL, IT'S NOT A REAL PRETTY AREA BACK THERE.

IT'S KIND OF THE TRASHY AREA.

THAT'S WHY IT'S IN THE BACK AND EVERYTHING ELSE.

SO, UM, THE OWNERS, WE, AND WE DID CHANGE THE COLORS BASED OFF, I THINK IT WAS, UH, MR. STEGEL, THERE WAS A LITTLE BIT TOO, TOO MUCH BLUE IN THE FIRST RENDITION.

SO THEY TRIED TO, YOU KNOW, TONE, TONE THE BLUE DOWN.

BUT MAINLY THE, WE'VE HAD IN THE LAST 14 MONTHS, FOUR POLICE RESPONSES TO BREAK-INS THERE.

THREE WERE ON THIS PROPERTY.

THE OTHER ONE WAS NEXT TO THE USED CAR DEALERSHIP.

THAT'S OUR NEXT DOOR NEIGHBOR.

THE TOT THE NOTE LOT PLACE.

SO IT'S NOT ONLY A SECURITY THING, BUT IT'S JUST ALSO, UH, THE CUSTOMER.

YOU DON'T WANT EVERYBODY SEEING INTO THE INVENTORY.

IT'S KIND OF THEIR TRASHY AREA AND THEY WANT TO KEEP IT KIND OF COVERED.

AND IT FITS THE PUD SAME AS FEDEX, SAME.

IT JUST KIND OF FITS THE AREA.

SO JUST WANTED TO THROW THAT OUT THERE.

I APPRECIATE Y'ALL TAKING THE TIME TO HEAR ME OUT.

OKAY.

UH, JASON, CAN YOU, UM, RESPOND? UM, I, I CAN'T SPEAK TO ANY POLICE REPORTS.

UH, I'M NOT AWARE OF THAT.

I DIDN'T MM-HMM.

DO ANY RESEARCH, UH, TALK TO PD ABOUT THAT? UH, AS FAR AS SOME OF THE OTHER ROLL OVERHEAD DOORS,

[00:10:01]

UM, OR IF THAT WAS DONE PRIOR TO THAT.

UM, BUT AS YOU GUYS KNOW, PNZ DOES HAVE PURVIEW TO, TO MAKE MODIFICATIONS TO THE, THOSE I 35 OVERLAYS.

SO, UM, SO THERE COULD BE SITUATIONS WHERE, UH, A FORMER PNZ BOARD DIDN'T, DIDN'T THINK THAT THAT WAS NECESSARY, OR THAT WAS WHAT WAS REQUESTED AND THAT WAS APPROVED.

THERE'S A LOT OF OPTIONS FOR THAT.

UM, BUT STAFF DOESN'T GO THROUGH, WE DON'T RE REVIEW BASED ON HISTORIC, UM, WHAT'S BEEN DONE OR WHAT THE NEIGHBORS ARE DOING.

WE'RE REVIEWING PURELY ON WHAT THE CODES SAY IN EFFECT AT THE TIME THAT THE BUILDING IS BEING CONSTRUCTED.

OKAY.

THANK YOU.

UM, I WOULD LIKE TO HEAR, UM, SEPARATE MOTIONS FOR THIS, IF WE DON'T MIND.

I JUST, ONE QUESTION.

DO, UH, WHAT'S, WHAT'S THE AUTHORITY TO MAKE, LIKE YOU SAID, THE NEIGHBORS WHO DON'T HAVE THOSE GLASS SEGMENTED DOORS TO MAKE THOSE BUSINESSES PUT THOSE IN? RIGHT.

SO THAT THEY ARE IN COMPLIANCE WITH THE I 35 OH RELAY.

AT THIS POINT, WE WOULDN'T HAVE ANY AUTHORITY TO KIND OF RETROACTIVELY GO BACK.

UM, NOW IF THEY WENT THROUGH A, A REMODEL, UM, AND THEY WERE ADDING SOME BAYS, OR THEY DID WANT TO CHANGE OUT THE DOORS, UH, FOR WHATEVER REASON, ENLARGE THEM, UH, BIGGER TRUCKS OR MAKE SOME MODIFICATIONS, AT THAT POINT, YOU WOULD HAVE THE PURVIEW TO, TO COME BACK IN AND SAY, HEY, YEAH, YOU NEED TO, TO ADHERE TO THAT OVERLAY.

SURE.

UM, GENERALLY ANY, ANYTHING THEY DO THAT COMES BEFORE US, WE MAKE OUR COMMENTS.

WE TELL THEM WHAT'S INCOMPLIANT, WHAT'S NOT.

WE ALWAYS TRY TO GET A HUNDRED PERCENT COMPLIANCE.

AS YOU KNOW, THAT'S NOT ALWAYS THE CASE ON SOME OF THE REQUESTS.

SO, UH, THERE HAVE BEEN TIMES WHERE Y'ALL HAVE APPROVED, UM, LESS STRINGENT, UH, REQUIREMENTS IN THE I 35 OVERLAY.

AND THERE'S BEEN TIMES WHEN P AND Z HAS, HAS IMPROVED MORE STRINGENT REQUIREMENTS.

SO THAT IS WITHIN Y'ALL'S PURVIEW.

J JUST TO CONFIRM, THESE ARE JUST DELIVERY BAY DOORS.

OKAY.

YEP.

YES, SIR.

AND WE STARTED THIS AT THE SAME TIME.

CAN YOU COME UP, SORRY.

SORRY TO MAKE YOU A FLEX YOUR PUBLIC SPEAKING TODAY.

SORRY ABOUT THAT.

UH, UH, WE STARTED THIS AROUND THE SAME TIME THE FEDEX BUILDING DID, AND THEN ALSO ACADEMY STARTED AFTER US FINISHED IT, OBVIOUSLY BEFORE US.

WE HAD SOME CHANGES IN EVERYTHING ALONG WITH COSTCO STARTED, UH, AFTER WE STARTED.

SO AS FAR AS TIMELINE AND THOSE, THOSE ARE JUST THREE EXAMPLES THAT I KNOW THAT'S HAPPENED.

THEY STARTED AFTER WE STARTED CONSTRUCTION.

SO THEY'RE NEWER BUILDINGS AROUND THE SAME TIMELINE.

AND THESE ARE WHERE SEMI TRUCKS AND TRUCKS AND TRAILERS BACK UP TO, IT'S NOTHING.

IT'S NOT A PEDESTRIAN WALKWAY AREA.

IT FACES A DETENTION RETENTION POND AND THE CITY OF KYLE LIFT STATION.

SO, THANK YOU.

ONE, ONE MOMENT PLEASE.

ONE MOMENT, SIR.

I MASON ADDRESS A QUESTION TO YOU.

YES.

UM, YOU REFERRED TO, WE, WE STARTED BUILDING BEFORE THEY DID, AND YOU LISTED COSTCO AND SEVERAL OTHER BUSINESSES.

UM, WHO'S, WHAT, WHAT WE ARE WE TALKING ABOUT? 'CAUSE THIS IS A PLAN UNIT DEVELOPMENT.

SO, UH, WE, WHEN I SAY WE SPEARS CONSTRUCTION, NORTH TEXAS, DRYWALL AND CONSTRUCTION, AND THE CUSTOMER, AND WHEN I SAY WE, I GUESS IT JUST MEANS OUR COMPANY IN GENERAL, ALONG WITH PROSOURCE PARTNER UP TRYING TO BRING THIS TUBE ALONG WITH, WE ALSO DID ALL THE MAJORITY OF THE UTILITIES FOR HAYES INDUSTRIAL PHASE THREE, UH, SEWER LINES, FIRE HYDRANTS, PART OF Y'ALL'S LIFT STATION THERE ALSO.

SO WE WERE, WE'VE BEEN INVOLVED IN THIS, I DON'T KNOW IF YOU'D CALL THAT A NEIGHBORHOOD FOR, SINCE ALMOST SINCE ITS CREATION.

SO I GET STUCK ON THIS PARTICULAR PROJECT.

'CAUSE ONE THING I I, I'M HAVING A HARD TIME GETTING AROUND MY HEAD AROUND, UH, YOUR ORGANIZATION HAVING STARTED BEFORE COSTCO.

WE COULD LOOK AT A CALENDAR TO DEAL WITH THAT.

NEVERTHELESS, THE REAL ISSUE I HAVE HERE IS COMING UNDERCOVER OF A PLANNED UNIT DEVELOPMENT.

OKAY.

THIS, THIS PARTICULAR TRACK WOULD BE, I WOULD HAVE VERY FRESH EYES IF THIS WERE A NEW P I'M DEFINITELY ONE EAR.

SO, SORRY, I'M NOT TRYING TO BE RUDE.

I'M JUST TRYING TO HEAR YOU, SIR.

I WOULD'VE VERY DIFFERENT EYES LOOKING AT THIS.

IF THIS WERE IN COMING BEFORE US AS A NEW PUD, THIS IS WHAT I BELIEVE I CALLED THE ZOMBIE PUD BACK IN AUGUST OF, UH, 2023 IN THAT IT WAS, UH, APPROVED IN 2011.

AND SO I REALLY STRUGGLE WITH WHAT THE CITY HAD DONE AT THAT TIME, AND THEN FIND IT VERY HARD, NEVERTHELESS, LATER TO BE SITTING IN CONSIDERATION OF ANY DEVELOPMENT THERE WITHOUT HAVING A VERY KEEN EYE AS TO WHETHER OR NOT THIS MEETS CURRENT STANDARDS, INCLUDING THE I 35 OVERLAY.

UM, I DON'T KNOW THE HISTORY OF THAT P PASSED THE TIME IT WAS APPROVED, BUT OBVIOUSLY IT SAT THERE FOR 13 YEARS AND NOTHING HAPPENED.

NOW WE'VE GOT SOMETHING HERE.

AND

[00:15:01]

MY ORIENTATION TO THE PUTT IS THAT THERE'S A LOT OF SMALL CHANGES ALWAYS WITH A PUT.

AND I DON'T NECESSARILY LIKE THEM.

THEY HAVE THEIR ROLE THOUGH, I UNDERSTAND THAT.

BUT WHEN AFTER THE FACT, WE LOOKED AT A SITE PLAN AND ELEVATION AND SO FORTH, AND WE AGREE ON SOMETHING, AND THERE ARE CHANGES AFTER THAT PARTICULAR POINT.

I DON'T SEE THOSE AS DISCRETIONARY THAT COMES BACK TO STAFF THAT COMES BACK TO US.

AND, UH, I FRANKLY DON'T LIKE THE WAY THINGS GOT MOVED AROUND AS I'M HEARING IT.

UM, AND I'M REALLY, UH, CONCERNED CERTAINLY ABOUT SECURITY IN MOST, UH, RESPECTS MOST OCCASIONS.

BUT THIS TO ME IS AN ISSUE BEING ON THE I 35 OVERLAY.

AND TO WHOM THAT IS VISIBLE, AS I UNDERSTAND THIS IS NOT JUST A WAREHOUSE OPERATION, IS IT? UH, NO.

SO PART OF IT, THEY HAVE A SHOWROOM UP FRONT, AND THEN IN THE BACK OF THE BUILDING THEY HAVE A WAREHOUSE.

RIGHT.

SO IT'S A RETAIL WAREHOUSE.

I'M JUST SAY FOR THE RECORD THAT I HAVE A HARD TIME SUPPORTING A CHANGE, UH, AWAY FROM, UH, THE SEGMENTED GLASS OR, UH, CLEAR MATERIALS ON THE OVERHEAD DOORS.

UH, IT'S NOT, IT'S WHOLESALE.

UM, USUALLY PEOPLE CAN'T WALK IN LIKE HOME DEPOTS.

YOU HAVE TO BE A MEMBER, RIGHT, RIGHT.

AND EVERYTHING LIKE THAT.

IT'S, IT'S MEANT FOR CONTRACTORS AND BUILDERS TO COME IN.

THEY HAVE THE CONTRACTORS, THEY USE THEIR SHOWROOM, THEY HAVE SET PRICING, THEY USE THEIR CONFERENCE ROOM AND EVERYTHING ELSE LIKE THAT.

IT'S NOT REALLY MEANT FOR LIKE HOME DEPOT AND LOWE'S TYPE, UH, RETAIL BUSINESSES.

AND ACCORDING TO THE PUD, WHICH, UH, FEDEX IS ALSO PART OF THAT, SO IS THE OTHER BUILDINGS.

THIS ISN'T JUST ONE PIECE OF PROPERTY.

ACCORDING TO SECTION 15 IN THE PUD CHANGES TO DEVELOPMENT PLAN, 15.1 MINOR CHANGES, UM, UH, MINOR CHANGES AND MINOR CHANGES TO THIS PLAN, WHICH DO NOT SUBSTANTIALLY, UH, ADVERSELY CHANGE.

THE PLAN MAY BE APPROVED ADMINISTRATIVELY.

SO, BUT I GUESS THESE OVERHEAD DOORS AND THE AWNINGS ON THE LAST, UH, MEETING WERE, THEY SAID AT THE DISCRETION.

SAME WITH THE PAINT SCHEME, AT THE DISCRETION OF STAFF.

SO, UM, I RESPECT WHAT YOU SAY.

I DON'T KNOW THE HISTORY OF THE PUD, SIR.

I JUST RIGHT.

THAT'S THE CUSTOMER BOUGHT IT AND THAT'S WHAT THE CODES WE'RE GOING OFF OF.

SO THE CHANGES ADMINISTRATIVELY WOULD BE BY WHAT ADMINISTRATION, BY WHAT PARTY OR GROUP? WELL, WE HAVEN'T DONE ANY, WE'RE TAKING 'EM ALL TO Y'ALL.

YOU ALL.

OKAY.

BUT, UM, I THINK, UH, JUST TO CLARIFY, I THINK YOU KNOW THAT THAT SECTION OF CODE IS IN THE POD, UM, DOESN'T SPECIFICALLY SPEAK TO THIS NATURE.

UM, THAT SECTION OF CODE SPEAKS TO THE OVERALL CONCEPT PLAN AND SITE PLAN THAT WAS STARTED WITH THE PUD.

UM, SO IT'S VERY SPECIFIC IN, YOU SAW A CONCEPT PLAN WITH SOME LOTS AND SOME, SOME ROADS.

AND, AND THAT SECTION ALLOWS ADMINISTRATIVE CHANGES IF WE'RE MOVING A ROAD HERE OR THERE, KIND OF SHIFTING IN BETWEEN.

UH, IT DOESN'T GRANT CAR BLANCHE, UH, ADMINISTRATIVE APPROVAL ON OTHER SECTIONS OF THE CITY ZONING CODE.

SO, UM, YOU GUYS GAVE US THE AUTHORITY TO, TO LOOK AT THE ELEVATIONS AND, AND MODIFICATIONS ON THE AWNINGS.

UM, SO STAFF DID THAT.

UM, UNFORTUNATELY YOU DID NOT GIVE US THE AUTHORITY TO PROVE ANYTHING ELSE.

SO THAT'S WHY WE'RE BACK TONIGHT.

UM, WITH THE DOORS.

UM, WE THOUGHT, WELL, WHILE WE'RE HERE, WE'LL GO AHEAD AND SHOW YOU THE CHANGES IN THE AWNING AS WELL.

SURE.

AND, UH, SO THE RECOMMENDATION WAS TO NOT TO APPROVE IT THOUGH AND PASSING IT BACK TO US.

YEAH.

SO STAFF, STAFF RECOMMENDS APPROVAL OF THE AWNINGS.

UM, UH, BUT THE DOORS AG, AGAIN, I'M NOT GONNA STAND UP HERE AND RECOMMEND APPROVAL FOR THINGS THAT, THAT THE CODE DOESN'T SAY.

AGAIN, IF IN YOUR PURVIEW AND YOUR JUDGMENT, YOU, YOU WANNA MAKE ALTERNATE CHANGES THAT'S WITHIN YOUR PURVIEW, UM, YOU KNOW THAT, THEN WE WILL FINALIZE THOSE AND, AND WORK WITH THE CONTRACTOR.

BUT, UH, FROM A RECOMMENDATION STANDPOINT, THE CODE IS THE CODE.

UM, I DON'T GET TO JUDGE IT WHETHER I LIKE IT, LOVE IT, HATE IT, OR LEAVE IT.

I GET TO JUDGE WHETHER IT, IT MEETS OR IT DOESN'T.

SO THANK YOU.

OKAY.

ANY OTHER QUESTIONS? UM, I DO HAVE ONE QUESTION.

AND THIS IS MORE FOR, UH, JASON.

IF WE DO DENY THIS AND THEY NEED TO PUT IN THE GLASS DOORS FOR SECURITY PURPOSES, CAN THEY PUT IN LIKE A BLACKOUT FILM ON THE INSIDE TO, YOU KNOW, KEEP PEOPLE FROM BEING ABLE TO SEE INSIDE IT? YEAH, I MEAN, WINDOW TINTING ON, ON THERE.

UM, YOU KNOW, IF, IF THE DOORS MEET ON THE GLASS AND YOU WANTED WINDOW TINTING FOR SECURITY, THAT WOULD BE WITHIN YOUR PURVIEW, UM, TO HAVE WITHIN OURS, WE WOULD HAVE TO APPROVE THAT.

OR COULD THEY JUST DO IT? UH,

[00:20:01]

I DON'T, THERE'S NOTHING IN THE CODE.

IT JUST TALKS ABOUT THE SEGMENT IN GLASS DOORS.

OKAY.

THANK YOU.

I WOULD LIKE TO SPEAK ON THE CODE.

UH, THE I 30, THE I 35 OVERLAY ACTUALLY, UH, HAS A CHAPTER FOUR THIS, AND IT SPECIFICALLY SAYS WAREHOUSE, MINI WAREHOUSE AND, UH, OVERHEAD COMMERCIAL SERVICE DOORS SHALL NOT BE ORIENTED TO, IT FACES THE STREETS OR RESIDENTIAL PROPERTY, OR SHALL BE SCREENED FROM YOU FROM THE STREETS OR RESIDENTIAL PROPERTY UNLESS APPROVED DIRECTLY BY PLANNING.

AND THEN THE NEXT CHAPTER REFERS TO GARAGE DOORS WHERE GARAGE DOORS IN HEAVY PEDESTRIAN TRAFFIC AREAS ARE TO BE 50% GLASS.

AND IT GOES INTO THE INTENT OF THAT PURPOSE.

UH, THESE ARE NOT GARAGE DOORS.

THESE ARE COMMERCIAL OVERHEAD DOORS, WHICH IS AN, AN ENTIRELY DIFFERENT CHAPTER THAN GARAGE DOORS FOR HEAVY PEDESTRIAN WALKWAY AND USED AREAS LIKE RESTAURANTS WHERE PEOPLE ARE SITTING.

AND IT EVEN GOES INTO THE OPEN ENVIRONMENT.

NICE, FRIENDLY, OPEN ENVIRONMENT.

THAT IS NOT WHAT THIS IS.

THESE ARE WAREHOUSE OVERHEAD DOORS, WHICH IS LISTED IN THE I 35 OVERHEAD DISTRICT, SEPARATE FROM GARAGE DOORS FOR PEDESTRIAN USE AND HEAVY PEDESTRIAN TRAFFIC AREAS.

SO THESE ARE, WE ALSO HAVE AN INTERPRETATION THING.

THESE ARE NOT GARAGE DOORS, THESE ARE WAREHOUSE DOORS AS LISTED IN THE I 35 PEDESTRIANS.

IF I, IF I MAY THOUGH THAT YOU DESCRIBED THIS, THIS PROJECT AS A RETAIL BUSINESS, CORRECT? UH, NO, SIR.

THAT THIS IS A WHOLESALE COMPANY.

OKAY.

UM, CONTRACTORS COME IN.

IT, IT IS Y'ALL, YOU CAN'T GO IN AND JUST BUY FLOORING OR MATERIALS THERE, UH, THAT YOU HAVE TO BE A MEMBERSHIP.

IT'S CONTRACTOR BASED.

INSURANCE HAS TO BE SUBMITTED GENERALIZED.

THERE'S A WHOLE PROCESS THAT GOES INTO THIS.

NOW, IF YOU WANT TO GO IN THERE AND BUY PURCHASE MATERIALS, THEY'LL GIVE YOU A LIST OF APPROVED CONTRACTORS, INSTALLERS THAT ALREADY HAVE THEIR INSURANCE DONE ARE THE PROSOURCE HAS ALREADY BACKED THEM UP AND EVERYTHING ELSE.

AND THEN YOU CAN BUY IT THROUGH THEM.

BUT IT IS NOT OPEN RETAIL WHERE Y'ALL CAN GO IN AND BUY A FAUCET OR FLOORING OR ANYTHING ELSE LIKE THAT.

THIS IS A CONTRACTOR WHOLESALE AREA.

THANK YOU, SIR.

THANK YOU.

OKAY.

UM, ANY MOTIONS? HEY, JASON, CAN YOU PULL THAT, THAT THE TWO OPTIONS UP AGAIN? I DON'T SEEM TO HAVE 'EM ON THIS.

YEAH, GIMME A SECOND.

I JUST WOULD LIKE TO SAY THOUGH, THAT, UH, THE TINTING ON THE GLASS DOORS IS, IS THAT SOMETHING THAT YOU GET, THAT YOU, UH, PRO SOURCE WOULD BE OKAY WITH AS A SECURITY MEASURE AT LEAST? NO, SIR.

IT'S MORE THAN JUST THE TENDING.

IT'S ALSO HOW EASY IT IS TO GET INTO GLASS.

MM-HMM .

UH, SORRY, IT'S MORE THAN JUST THE TENDING.

IT'S ALSO HOW EASY IT IS TO GET INTO THE GLASS.

WHAT HAPPENS IF A FORKLIFT ACCIDENTALLY HITS IT.

IT'S ALSO, Y'ALL ARE TALKING ABOUT A CHANGE THAT'S GONNA COST ABOUT $150,000 IN CHANGE OVERHEAD DOOR SPRINKLER SYSTEMS. UM, IT'S HOW SECTIONAL OVERHEAD DOORS WORK WITH THE DOCK LEVELERS.

IT'S A WHOLE COMBINATION OF THINGS.

AND PROSOURCE, THEY DRIVE UP AND DOWN.

NO, NO ONE ELSE IS FORCED TO HAVE IT.

AND IT'S, THEY JUST DON'T HAVE IT.

THEY'RE NOT USED TO IT.

AND THEY DON'T KNOW HOW GLASS IS GONNA REACT IF THE DOOR GETS BUMPED VERSUS, AND HOW EASY IT IS FOR SOMEBODY TO GET INTO A GLASS OVERHEAD DOOR VERSUS A NORMAL LOADING DOCK DOOR.

AND AGAIN, THIS IS FACING A CITY LIFT STATION AND A DETENTION POND.

UM, THERE'S NO RESIDENTIAL AREA.

THERE'S NO, IT'S LITERALLY FACING A LIFT, UH, YES.

SEWER LIFT STATION.

THIS IS, THIS IS A TOUGH ONE.

I'LL, I'LL, I'LL GIVE YOU THAT.

RIGHT.

I MEAN MM-HMM .

MEAN NONE OF THE OTHER BUSINESSES AROUND HAVE THESE GLASS ROLLER DOORS LIKE YOU'RE TALKING ABOUT.

CORRECT.

AND, BUT WE DID, YOU KNOW, PUT THE, PUT THAT REQUIREMENT IN PLACE FOR, YOU KNOW, FOR A REASON.

RIGHT.

AND THERE'S GOTTA BE A MIDDLE GROUND TO MEET AT, RIGHT? YES, SIR.

YOU PUT THE GARAGE DOORS BEING GLASS REQUIREMENT IN, WHICH IS A TOTALLY DIFFERENT CHAPTER IN THE I 35.

AND THEN YOU ALSO PUT THE REQUIREMENTS FOR COMMERCIAL SECTION, COMMERCIAL OVERHEAD DOORS FOR LOADING AREAS IN A TOTALLY DIFFERENT, UH, CHAPTER, WHICH DOES NOT HAVE THE SAME REQUIREMENTS AS GARAGE OVERHEAD DOORS WITH HEAVY PEDESTRIAN

[00:25:01]

Y I'M COMPLETELY CONFLICTED ON THIS ONE TOO.

I UNDERSTAND WHERE YOU'RE COMING FROM BECAUSE, YOU KNOW, BEING IN THE SUPPLY CHAIN AND LOGISTICS INDUSTRY DRIVERS BACK INTO DOORS, FORKLIFT DRIVERS BUMP 'EM, I COULD SEE IT BEING A REAL PAIN WITH IT BEING GLASS.

AND I SEE IT AS A SAFETY MEASURE AS WELL.

THAT'S WHERE YOU'RE HOLDING ALL YOUR INVENTORY.

I UNDERSTAND THE CONCEPT TOO, OF LIKE THE SHOWROOM.

THAT'S WHERE ALL THE FOLKS HANG OUT AND PICK WHAT THEY WANT.

SO YOU WANT YOUR INVENTORY TO BE GUARDED MUCH BETTER THAN A, A GLASS PANE DOOR.

SO I SEE WHERE YOU'RE COMING FROM.

YES, SIR.

I APPRECIATE THAT.

ANY OTHER QUESTIONS? CAN WE GO TO THAT SCREEN OF THE TWO DIFFERENT, THAT STAFF RECOMMENDATION? YEAH.

THE STAFF RECOMMENDATIONS SCREEN, I GUESS TO START.

WE'LL, UH, MOTION TO APPROVE THE RECOMMENDED, APPROVE THE MODIFICATIONS OF THE PLACEMENT OF THE AWNINGS TO, TO APPROVE THE AWNINGS ITSELF.

RIGHT.

OKAY.

UM, SO LET'S, I'LL SECOND THAT MOTION.

OKAY.

OKAY.

ALRIGHT.

SO WE HAVE, UM, A MOTION FROM, UH, COMMISSIONER HO AND A SECOND FROM COMMISSIONER WEBB.

ANY DISCUSSION? NO, ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION PASSES FIVE TO ZERO AND THEN NEXT, THAT SECOND ONE'S TOUGH.

I KNOW, BECAUSE I, WE HAVE TO APPROVE THE CODE.

RIGHT.

OTHERWISE THERE'S NO POINT IN HAVING A CODE.

RIGHT? I MEAN, BUT WE HAVE MADE MODIFICATIONS MM-HMM .

SURE.

WE HAVE MADE EXCEPTIONS.

AND THIS, THESE JUST FACE THE BACK.

RIGHT.

THEY DON'T FACE LIKE 35 THEMSELF.

RIGHT.

THEY JUST FACE A, UH, I MEAN, IF YOU'RE DRIVING DOWN 35, YOU'LL, YOU CAN'T SEE THEM.

I MEAN, WE'RE TALKING, WHICH, WHICH SIDE? 500 PLUS, UH, I DON'T KNOW IF YOU CAN SEE MY CURSOR ON THE SCREEN.

YEAH, YEAH.

MM-HMM .

THOSE DOORS ARE GONNA BE BACK.

OH MAN.

THEY'RE NOT EVEN FACING THE STREET ON THIS SIDE.

SO THEY'RE NOT A, THEY'RE NOT A DIRECT TO THE I 35.

IF YOU WERE SAY PERPENDICULAR, I MEAN, OBVIOUSLY IF YOU'RE DRIVING DOWN HERE, YOU'LL PROBABLY BE ABLE TO SEE 'EM.

THAT'LL PROBABLY PUT YOU AT JUST ROUGH ESTIMATES.

600, 700 FEET, I MEAN, VISIBLY.

SO THE CAR DUDE, THE, YOU TILT IN THE OLD LOCK PLACE LOCKS ON YOU.

YOU CAN'T SEE THEM FROM THE .

THESE ARE FACING IN THE BACK.

YOU YEAH.

THEY HAVE ALL THE STOREFRONT FACING THE HIGHWAY.

YOU CAN'T, THIS CUSTOMER LIKES TO, THEY DON'T WANT A TRASHY BUILDING.

YEAH.

UH, THE, TO, YOU'RE GONNA SEE THE TOTE, THE NOTE LOCK PLACE, YOU'RE NOT GONNA BE ABLE TO SEE IT SCREENS IT AND THEN THE DETENTION POND AND IT'S FAR, SO FAR BACK AND THE BUILDING'S OFFSET.

YOU CAN'T SEE THE OVERHEAD DOORS.

THEY'RE NOT FACING THE STREETS OR ANYTHING ELSE LIKE THAT.

SO YOU'RE JUST, WE CAN STICK OUTSIDE THE BOX HERE AND DO LIKE AN ART MUL ON THE DOORS.

YOU KNOW, LIKE, I, I DON'T KNOW HOW TO LIKE SHOW Y'ALL, BUT THE LOCATION OF THE DOORS I CAN POINT AT AT THE BIG SCREEN.

I DON'T JUST PAINT THEM TO LOOK LIKE GLASS PANS.

RIGHT.

.

SO, BUT ANYWAY, THANK YOU.

THANK YOU.

JUST AS A POINT OF DISCUSSION, UM, I'M, I'VE BEEN THROUGH A SIMILAR PROCESS WITH A COMMERCIAL BUILDING, SO I UNDERSTAND KIND OF WHERE HE IS COMING FROM.

UM, I ALSO UNDERSTAND THAT, UH, LIKE WE GOTTA ENFORCE THE CODE.

I THINK FOR ME WHAT IT COMES DOWN TO IS, UH, THE EXPENSE TO REMEDY THE ERROR VERSUS WHAT IT ACTUALLY ACCOMPLISHES.

UM, I WOULD LOVE FOR IT TO BE A HUNDRED PERCENT UP TO CODE, UH, BUT UNDERSTANDING THE COST AND IT'S NOT JUST THE SAME DOOR WITH A DIFFERENT, YOU KNOW, WITH GLASS ON IT.

IT'S A WHOLE DIFFERENT STRUCTURE THAT REQUIRES A LOT OF MODIFICATION.

IT'S A BIG EXPENSE FOR, UH, FOR A WAREHOUSE DOOR IN THE BACK ESSENTIALLY.

MM-HMM .

UM, DON'T LOVE IT.

BUT YEAH, THAT, I THINK THAT'S THE, THAT'S MY PRACTICAL TAKE ON IT.

IT'S, IT'S THE RIGHT THING TO DO.

I MEAN, MY ONLY ISSUE IS THE FACT THAT ON THE PLANS THAT WAS SUBMITTED BY, UM, THE COMPANIES SHOW GLASS DOORS AND SOMEWHERE, SOMEBODY WITHIN THE CONSTRUCTION SIDE OF IT DECIDED, UH, LET'S JUST GO AHEAD AND PUT IN REGULAR OVERHEAD DOORS WITHOUT GOING TO, UM, OUR PLANNING STAFF OR YOU KNOW, US IN THE FIRST PLACE TO CHANGE THAT.

SO I HAVE A PROB THAT'S WHERE MY PROBLEM IS, IS THEY JUST DECIDED

[00:30:01]

SO THAT'S WHERE I HAVE A PROBLEM.

UM, AND SO, YEAH.

AWESOME.

SO THE CONCEPT PLANS WERE THE CONCEPT.

THAT'S WHAT THE ARCHITECT DREW AND SUBMITTED AND EVERYTHING ELSE.

AND THEN WHEN IT WENT THROUGH ENGINEERING AND ALL THE PLANS AND THE TILT WALL PLANS, THE ENGINEERING TO, YOU KNOW, THE PANEL BOOK AND EVERYTHING ELSE, AND WITH THE CUSTOMER, THE ARCHITECT ON RECORD, I GUESS NEVER.

SO WE HAVE AN EARLY CONCEPT OF WHICH THIS BLUE BUILT, WHICH IS A CARTOON, IF YOU LOOK AT THE FIRST ONE, HAS VERY LITTLE TO NO DIMENSION CONTROL.

IT'S JUST, IT'S UH, LIKE WHAT Y'ALL, JUST A RENDITION OF A CONCEPT OF WHAT THIS IS GONNA LOOK LIKE.

NOT A ENGINEER DRAWING OF WHAT THIS IS ACTUALLY GOING TO BE.

IT'S JUST A CONCEPT FOR Y'ALL TO LOOK AT.

AND THEN DURING THE PROCESS, AFTER ALL THE ENGINE ACTUAL ENGINEERING GETS COMPLETED, WHAT WE CAN AND CAN'T DO, AND THE CUSTOMER MEETS WITH OUR ARCHITECTS AND THE ENGINEERS AND THEY DO THE PANEL BOOKS AND EVERYTHING, THEN THAT ALL GOT SUBMITTED.

BUT THE, A ARCHITECT NEVER, I GUESS RE RESUBMITTED OR ANYTHING ELSE LIKE THAT, WE WERE JUST GOING OFF THE APPROVED PERMIT DRAWINGS THAT WERE ON THE PORTAL, WHICH ARE DIFFERENT THAN THE, UH, CONCEPT DRAWINGS, WHICH ARE NOT, UH, ARE PERMIT DRAWINGS.

THEY'RE NOT THE ENGINEERED STAMP PERMIT DRAWINGS.

SO Y'ALL ARE LOOKING AT A CONCEPT ARCHITECT STAMP DRAWING THAT THIS IS ABOUT WHAT IT'S GONNA LOOK LIKE VERSUS WE ARE BUILDING OFF OF THE APPROVED PERMIT DRAWINGS THAT ARE ON THE PORTAL THAT HAVE THE ENGINEERING DIMENSION CONTROLS AND EVERYTHING ELSE.

UM, INSTEAD OF JUST KIND, I UNDERSTAND THAT YOU HAVE TO WORK WITHIN THE, THE CONFINES OF WHAT YOU HAVE TO WORK WITHIN.

WHAT I'M CURIOUS THOUGH, 'CAUSE I WASN'T HERE WHEN THIS WAS APPROVED THE FIRST TIME, WHAT WAS THAT, THAT DRAWING THAT, YOU KNOW, THE CARTOON THAT HE SAID THAT THE ONE WITH THE GLASS PANEL DOORS, IS THAT WHAT WAS APPROVED BY THE LAST, WHOEVER WAS UP HERE MM-HMM .

RIGHT.

DRAWING, NOT THAT WAS THE OFFICIAL THING BROUGHT FORWARD TO THE, TO THE COMMITTEE.

IT DOES NOT MEET INTERNATIONAL BUILDING CODE.

IT HAS, THIS IS TYPE TWO B CONSTRUCTION.

IT HAS WOOD AWNINGS AND WOOD AND PLYWOOD AWNINGS ON IT.

I MEAN, IT WAS MAINLY A, A PICTURE.

SO, I'M SORRY.

I MEAN, I, I I THINK WE CAN TALK PROCESS, UH, A LONG TIME.

UH, I THINK, I THINK THE ISSUE IS, IS PRETTY STRAIGHTFORWARD.

IT IS A TOUGH DECISION.

UM, I WILL SAY ULTIMATELY THERE, THERE HAVE BEEN SOME MISTAKES MADE ON THIS AND THAT'S WHY WE'RE HERE.

UM, PLANS WERE, WERE SUBMITTED AND CONSTRUCTION TRONS WERE DRAWN WITHOUT EVER COMING TO HERE.

SO NORMALLY YOU WOULD SEE THIS FIRST, THEN THEY GO INTO CONSTRUCTION DRAWINGS.

SO THAT KIND OF GOT FLIPPED.

WHEN THINGS GET FLIPPED LIKE THAT, YOU, YOU'RE PRONE FOR ERRORS MM-HMM .

AND IT'S JUST THE NATURE OF THE BUSINESS BUSINESS, SO MM-HMM .

YOU KNOW, AGAIN, WE CAN GO BACK AND FORTH AND, AND SAY WHAT IT IS.

I THINK IF, IF IT'S Y'ALL'S PURVIEW THAT YOU'RE, YOU UNDERSTAND IT AND YOU WANNA MAKE THE CHANGE, THEN YOU ARE WELL WITHIN THAT.

RIGHT.

IF THAT'S, THAT'S YOUR CONCERN, I DON'T WANT YOU TO THINK THAT YOU DON'T HAVE THAT AUTHORITY TO DO THAT.

YEAH.

UM, BUT AGAIN, FROM A STAFF PERSPECTIVE, YOU KNOW, KNOWING THE HISTORY OF THE PROJECT AND, AND THE PROCESS, WE'RE ALWAYS GONNA JUST STICK WITH THE CODE ON OUR RECOMMENDATIONS.

MM-HMM .

OKAY.

THIS SOUNDS, THE MORE I LISTEN TO IT LIKE A SITUATION WHERE RATHER THAN ASKING PERMISSION, YOU ASK FOR FORGIVENESS.

MM-HMM .

BECAUSE ALL THESE PROBLEMS WITH COMMUNICATION, WITH ALL THESE DIFFERENT PARTIES TO WHICH YOU REFER TO WHOM YOU REFER, REALLY, UH, SEEM TO BE RESOLVED IN MOST INSTANCES OF, UH, APPLICANTS THAT COME BEFORE US NEVER HEARD SUCH A PROBLEM.

SO, UH, IT'S OKAY.

YOU DON'T HAVE TO RESPOND.

UH, SO IN ANY CASE, WHAT I'VE JUST STATED IS MY OPINION, SO I'M NOT SURE THERE'S A RESPONSE TO IT.

THE, UM, I THINK YOU CAN HEAR ME CLEARLY SAYING MY SEEING MY VIEW ON THIS, WHETHER OR NOT YOU AGREE WITH IT.

UM, AND CODE IS CODE.

I TRY NOT TO BE TOO RIGOROUS ABOUT THAT.

WE MADE AN AGREEMENT ON COLOR OR SHADE OF BLUE, FOR INSTANCE.

BUT, UH, THIS IS A LITTLE BIT MORE SUBSTANTIAL.

AND I HAVE A REAL PROBLEM WITH PLAN UNIT DEVELOPMENTS, UH, RUNNING AWAY FROM US.

AND IF, IF I HAVE A REAL HARD TIME GETTING MY HEAD AROUND THIS THING, SITTING THERE FALLOW FOR ALL THESE YEARS, THEN IT GETS BUILT OUT.

AND IT WAS STARTED BEFORE COSTCO, BUT WE'RE TALKING ABOUT THIS NOW AND COSTCO HAS BEEN IN BUSINESS FOR A YEAR PLUS THE WHOLE, THE WHOLE THING IS JUST MISALIGNED AND DOESN'T MAKE SENSE.

THERE'S A LOT OF WORDS, A LOT OF CHAPTERS CITED, BUT THIS REALLY, THE FLOW OF THIS IS, AS MR. LUTZ HAS STATED, YOU KNOW, WE CAN GET LOST IN PROCESS, BUT NEVERTHELESS, HERE WE ARE AT THE END OF THE PROCESS AND I JUST HAVE TO SAY I'M NOT VERY PLEASED WITH WHAT THE PROCESS HAS GIVEN US.

I UNDERSTAND.

I WOULD ALSO LIKE TO SAY THIS ONE LAST THING, GOING UP AND DOWN I 35 IN THE OVERLAY DISTRICT, SAME BUILDINGS AND EVEN DIFFERENT TYPE BUILDINGS, THERE IS NOT ONE BUILDING THAT THIS OVERHEAD DOOR CODE

[00:35:01]

THIS WOULD BE THE FIRST WAREHOUSE BUILDING I IN THE OVER OVERLAY, THE I 35 OVERLAY DISTRICT, THAT THIS SECTION OF CODE HAS BEEN IMPLEMENTED.

Y'ALL HAVE HAD THAT CODE, BUT IT HAS NOT BEEN IMPLEMENTED THROUGH ALL THE NEW CONSTRUCTION AND EXISTING CONSTRUCTION THROUGH THE CITY OF KYLE.

AND THAT'S WHAT'S GIVING PROSOURCE AND A LITTLE BIT OF HEARTBURN ALONG WITH, THEY'RE NOT USED TO HOW GLASS REACTS WITH FORKLIFTS AND SEMI-TRUCK.

IT'S JUST NOT STANDARD.

BUT THIS, THE 50% GLASS GARAGE DOORS, WHICH THESE AREN'T GARAGE DOORS, BUT THAT HAS NOT BEEN ENFORCED ANYWHERE DOWN.

I 35 OVERLAY DISTRICT IN KYLE'S NEW CONSTRUCTION, RECENT CONSTRUCTION OR OLD.

OKAY.

ALRIGHT.

ANY MOTIONS? I MAKE A MOTION TO APPROVE OF THE MODIFICATIONS AND TO KEEP THE CURRENT DOOR.

I, I UNDERSTAND IT'S NOT IN LINE WITH THE CURRENT CODE, HOWEVER, THIS IS A DELIVERY DOOR.

UM, DRIVER'S BACK INTO IT.

UM, IT'S A, A, IT'S WHERE INVENTORY IS STORED.

SOMETIMES FORKLIFT DRIVERS POKE THESE DOORS.

I'VE SEEN IT HAPPEN.

UM, IF IT WAS GLASS, THEN WE'RE TALKING ABOUT NOW HAVING TO PUT UP A WHOLE NOTHER GLASS DOOR.

UM, AT THE END OF THE DAY, THIS ISN'T, UM, A DOOR WHERE YOU'RE GONNA WANNA PEEK IN AND SEE SOMETHING PRETTY.

IT'S LITERALLY JUST STAGED INVENTORY.

UM, THE SHOWROOM.

IF THIS WAS THE, THE DOOR TO THE SHOWROOM, THEN I WOULD BE THINKING, YEAH, THIS IS, UH, NOT WHAT WE WANT.

BUT THIS IS LITERALLY A DELIVERY DOOR AND IT DOESN'T FACE ANYTHING.

I, I DON'T SEE ANY ISSUE WITH KEEPING IT AS IS.

WE HAVE A MOTION.

ANYBODY SECOND? UH, I'LL SECOND THE MOTION.

OKAY.

SO WE HAVE MOTION, UH, MY, UH, COMMISSIONER SERATO AND, UM, SECONDED BY COMMISSIONER WEBB.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED SAY NAY, NAY, NAY, NAY.

MOTION.

PA UH, EXCUSE ME.

MOTION FAILS.

UH, TWO TO THREE.

OKAY.

DO YOU NEED US TO, UM, I NEED, I NEED SOME ACTION TONIGHT.

UM, SO THAT MOTION DIES, BUT, UM, IF SOMEONE ELSE WANTS TO MAKE ANOTHER MOTION, UM, THAT'S, THAT'S ON THE TABLE AS WELL.

I HATE TO DO THIS TO YOU, BUT THE, I MEAN, THE GLASS DOOR'S GOTTA GO IN.

I MEAN, LIKE YOU SAID, I MEAN, IF WE HAVEN'T BEEN FOLLOWING THE CODE AND OTHER, ALL THESE OTHER BUSINESSES HAVE GOTTEN AWAY WITH IT, WELL THEN IT'S TIME TO ENFORCE IT.

I MEAN, SO I'M, I'M GONNA MAKE A MOTION TO, TO HAVE THEM PUT THE, THE GLASS DOORS IN ON THAT, ON THAT STRUCTURE.

OKAY.

WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND.

THIS WILL BE THE FIRST.

OKAY.

BUILDING.

THANK YOU, SIR.

THANK YOU.

MOTION.

ALRIGHT.

SO, UM, UH, UH, ITEM WAS, UH, MOTIONED, UH, BY, UM, COMMISSIONER HAUCK AND SECONDED BY COMMISSIONER STEGEL.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

ANY OPPOSED? SAY NAY.

NA NAY.

ALL RIGHT.

MOTION PASSES.

THREE TO TWO.

ALL.

OKAY.

THANK YOU COMMISSIONERS.

THANK YOU.

ALL RIGHT.

[4) Consider approval of a request to increase the maximum allowed parking for a proposed Chuy’s restaurant located at 18801 IH-35 in Hays County, Texas. (CUP-24-0121)]

MS. KAYLA, GOOD EVENING COMMISSIONERS.

KAYLA SHARP, SENIOR PLANNER FOR THE RECORD.

UM, SO TONIGHT WE HAVE, UM, A REQUEST, UM, FOR A CHEWY'S RESTAURANT, UM, LOCATED AT 18 A OH ONE IH 35.

UM, IT IS NEAR KIND OF THE INTERSECTION OF I 35 AND WINDY HILL.

UM, THEY ARE PROPOSING TO CONSTRUCT A ROUGHLY 5,400 SQUARE FOOT RESTAURANT.

UM, THIS REQUEST SPECIFICALLY IS FOR AN INCREASE, UM, FROM THE MAXIMUM ALLOWED PARKING SPACES PER OUR CODE TO 136 MAXIMUM PARKING SPACES.

UM, WE MET WITH THE APPLICANT FOR A PRE-DEVELOPMENT MEETING AND THEY, UM, STAFF INDICATED THAT THE MAXIMUM ALLOWED PARKING BASED ON THE SQUARE FOOTAGE OF THE RESTAURANT.

UM, AND OUR NEW PARKING, UM, REQUIREMENTS FOR RESTAURANTS WOULD BE 81 PARKING SPACES MAXIMUM.

UM, IN ORDER TO ACCOMMODATE THEIR BUSINESS NEEDS, THE APPLICANT IS REQUESTING 136 SPACES MAXIMUM.

UM, SO THIS IS JUST KIND OF A QUICK ANALYSIS OF THEIR PARKING NEEDS.

TYPICAL CHEWY'S

[00:40:01]

UM, THIS 5,400 SQUARE FOOT RESTAURANT WILL HAVE AROUND 50 TABLES AND AROUND 210 SEATS.

UM, AND BASED ON THAT, THEY COULD HAVE ABOUT AN AVERAGE OF 28 EMPLOYEES PER SHIFT AT ANY GIVEN TIME.

UM, DURING PEAK TIMES AND SHIFT CHANGES, IT COULD BE EVEN MORE THAN THAT.

UM, GIVEN ALL OF THOSE NUMBERS, THEY TYPICALLY SEE ABOUT A HUNDRED AND 125 GUEST CARS AND 28 OR MORE EMPLOYEE EMPLOYEE VEHICLES ON SITE.

UM, AT ANY GIVEN TIME.

STAFF DID LOOK AT SOME OTHER, UM, CHEWY'S IN THE AREA.

UM, SOME OF THEM WERE A LITTLE LARGER, SOME OF THEM WERE CLOSER TO THE SIZE OF THIS ONE, BUT THEY'RE ALL, UM, KIND OF AROUND THAT SAME NUMBER OF PARKING SPACES AROUND THAT ONE 40 TO ONE 50 RANGE.

UM, AND, YOU KNOW, WE SAW AERIALS FROM ALL DIFFERENT DAYS OF THE WEEK AND, UM, DUNNO WHAT TIME THOSE AERIALS WERE TAKEN, BUT BASED ON THE AERIALS WE HAVE, YOU KNOW, THE PARKING LOTS ARE ALMOST ALWAYS PACKED.

AND I'M SURE MANY OF YOU HAVE BEEN TO A CHEWY'S WHERE, UM, YOU FIND YOURSELF IN A SIMILAR, UM, CIRCUMSTANCE, SOMETIMES STRUGGLING TO FIND PARKING.

SO, UM, BASED ON THE ANALYSIS PROVIDED BY CHEWY'S, UM, AND STAFF RESEARCH, WE BELIEVE THIS REQUEST IS REASONABLE.

UM, SO HERE IS KIND OF THE PROPOSED LAYOUT FOR THE SITE.

THIS, UM, PROPOSED LAYOUT PROVIDES 136 PARKING SPACES AND MEETS REQUIREMENTS FOR ONE TREE WITHIN 50 FEET OF EACH PARKING SPACE.

UM, DOWN THE LINE, YOU'LL SEE THE MORE KIND OF COMPLETE SITE PLAN, LANDSCAPE PLAN, PHOTOMETRIC PLAN, UM, ELEVATIONS, THINGS LIKE THAT.

BUT THIS IS KIND OF THEIR FIRST STEP.

THEY WANNA ENSURE THEY CAN GET THE PARKING THAT THEY NEED BEFORE THEY MOVE FORWARD WITH THOSE OTHER APPLICATIONS.

AND THEN THIS IS KIND OF ROUGH.

LIKE I SAID, YOU'LL SEE MORE, UM, FINALIZED RENDERINGS WHEN THEY COME BACK FOR THAT CONDITIONAL USE PERMIT, UM, FOR THE I 35 OVERLAY STANDARDS.

BUT JUST SO YOU KIND OF GET AN IDEA OF WHAT THAT WOULD LOOK LIKE AND KIND OF THEIR LANDSCAPE PLAN.

SO YOUR OPTIONS TONIGHT ARE TO, UM, APPROVE THE MAX, THE PARKING MAXIMUM INCREASE TO 136 SPACES, UM, APPROVE WITH MODIFICATIONS OR DENY.

UM, AND AS I MENTIONED, STAFF BELIEVES THEIR REQUEST IS REASONABLE AND WE ARE RECOMMENDING APPROVAL.

OKAY.

THANK YOU.

ANY QUESTIONS? I NO.

OKAY.

I HAVE A COUPLE.

AND IF WE DO HAVE THE APPLICANT HERE YEAH, THE DEVELOPER, IF YOU DON'T MIND ONE OF YOU STEPPING UP.

SO, UH, GOOD EVENING, MICHAEL HATCHER WITH CHEWY'S.

OKAY.

SO MY MAIN CONCERN HERE IS THAT WITH THE 1 36 BASIS THAT YOU HAVE THAT YOU'RE ASKING FOR MM-HMM .

IS THAT THAT IS NOT GOING TO HINDER ANY OTHER, UM, YOU KNOW, UH, BEING ABLE TO PARK FOR ANY OTHER BUSINESSES.

CORRECT.

AND SO THAT'S MY ONE CONCERN, MY MAJOR CONCERN.

I MEAN, I UNDERSTAND, UH, CHEWY'S IS A LITTLE BIT DIFFERENT FROM A LOT OF OUR RESTAURANTS THAT WE HAVE HERE.

'CAUSE OF A LOT OF OUR RESTAURANTS ARE MORE FAMILY AND, YOU KNOW, PEOPLE GATHER IN A CAR AND GO TO THE RESTAURANT.

CHEWY'S HAS A VERY, UM, ACTIVE HAPPY HOUR AND SUCH WHERE PEOPLE MEET AT CHEWY'S MM-HMM .

MORE SO THAN GATHER IN A CART AND GO TOGETHER.

SO, UM, I UNDERSTAND THE NEED FOR FOUR MORE SPACES.

I JUST DON'T WANT TO BE HINDERING ANY OTHER BUSINESSES.

NO, THERE'S, WE'VE, WE'VE GOT, UH, WE'VE BEEN WORKING WITH, UH SURE.

ABSOLUTELY.

YEAH.

JOHN SWITZER IS THE DEVELOPER, THE PROJECT.

OKAY.

JOHN SWITZER WITH CSW DEVELOPMENT.

OKAY.

THE, THE PROJECT IS A THREE PAD SITE PROJECT.

IT HAS A FAST FOOD COMPONENT, UH, UH, FURNITURE STORE AND CHEWY'S.

EACH OF THOSE PARCELS IS SELF-CONTAINED PARKING PER CODE.

OKAY.

UH, THOSE OTHERS MAY OR MAY NOT MEET THE MAXIMUM CODE.

YOU HAVE A MINIMUM AND MAXIMUM PARKING CODE.

MM-HMM .

I BELIEVE THE FAST FOOD WILL BE THE MINIMUM SIDE OF THAT.

I BELIEVE THE RETAIL WILL BE THE MAX SIDE OF THAT.

THEY NEED ABOUT 50.

EACH OF THEIR SITES HAVE THE ABILITY TO HIT THEIR MAXIMUM ON THEIR OWN PARCEL.

OKAY.

NEXT TO THE CHOOSE THE CHEWY SITES ALL CONTAINED AS WELL.

AND THE PROJECT IS CROSS PARKED BY CODE OR BY OUR DEVELOPMENT AGREEMENT WITH THE, WITH THE DIFFERENT USERS.

OKAY.

THANK YOU.

YOU'RE WELCOME.

ANY OTHER QUESTIONS? ANY MOTIONS? I'M EXCITED FOR Y'ALL TO COME.