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[00:00:04]

IT'S NOW 630 JUNE 24TH, 2025. THIS CALLING TO ORDER THE REGULARLY SCHEDULED MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KYLE, TEXAS. COULD WE HAVE A ROLL CALL HERE? PRESENT HERE, HERE, HERE WE HAVE A QUORUM APPROVAL OF THE MINUTES. I MAKE A MOTION TO

[II) Approval of Minutes]

APPROVE THE MINUTES OF THE PLANNING AND ZONING COMMISSION FROM JUNE 10TH, 2025. SECOND.

SECOND. SECONDED BY. GEORGE CALVERT. SO MINUTES ARE APPROVED ON A VOTE. HOW MANY WE HAVE? I, I ALL HAVE VOTED IN FAVOR OF THE MINUTES APPROVAL NUMBER THREE CITIZEN COMMENT PERIOD WITH

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

PLANNING AND ZONING COMMISSION. CITIZEN COMMENT PERIOD. 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 ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE LIMIT. TIME LIMIT. WE HAVE ANYONE COMING FORWARD TO FOR COMMENTS. CITIZEN COMMENTS PERIOD IS CLOSED. NUMBER TWO STAFF REPORTS AND

[2) Hold a public hearing to receive comment for the City of Kyle 2025 Annual Action Plan as part of the Cities 5 - Year Consolidated Plan for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program.  Public Hearing ]

PRESENTATIONS HOLD A PUBLIC HEARING TO RECEIVE A COMMENT FOR THE CITY OF KYLE 2025 ANNUAL ACTION PLAN. AS A PART OF THE CITY'S FIVE YEAR CONSOLIDATED PLAN FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD COMMUNITY BLOCK, COMMUNITY DEVELOPMENT BLOCK GRANT, CDBG PROGRAM, MISS SHARP. ALL RIGHT. GOOD EVENING, KAYLA SHARP SENIOR PLANNER. SO THIS IS PROBABLY A LITTLE BIT OF A DIFFERENT ITEM THAN YOU'RE USED TO. WE'RE JUST TAKING THE OPPORTUNITY OF AN ALREADY EXISTING OPEN MEETING TO HOLD A PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. THE CITY IS WORKING ON CREATING THEIR ANNUAL ACTION PLAN FOR THE NEXT FISCAL YEAR. AND AS PART OF THAT, WE'RE REQUIRED TO HAVE TWO PUBLIC HEARINGS. SO WE'LL JUST DO. I GUESS IT HELPS IF I TURN THAT ON. MAYBE JUST DO A QUICK OVERVIEW. SO THE CITY OF KYLE IS A ENTITLEMENT CITY WITH THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND WE RECEIVE FUNDS ANNUALLY THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. THIS IS THE AMOUNT THAT WE GET EACH YEAR IS DETERMINED BY A STATUTORY FORMULA. AND THEN WE GET TO DEVELOP OUR OWN PROGRAMS AND FUNDING PRIORITIES THAT ARE ELIGIBLE WITHIN THAT PROGRAM. SO LIKE I SAID, WE'RE REQUIRED TO CREATE AN ANNUAL ACTION PLAN EVERY YEAR THAT WILL OUTLINE HOW CDBG FUNDS ARE USED WITHIN THE COMMUNITY. WE HAVE TO CONSULT CITIZENS, COMMUNITY ORGANIZATIONS, STAKEHOLDERS, THINGS LIKE THAT, AND THE INPUT WE RECEIVE FROM THESE PUBLIC HEARINGS HELP US DEVELOP OUR ANNUAL ACTION PLAN. SO FOR THE NEXT FISCAL YEAR, WE'RE LOOKING AT GETTING JUST OVER $277,000 THROUGH THIS GRANT PROGRAM. THIS CAN BE USED FOR THINGS SUCH AS SIDEWALKS AND TRAILS, ROAD CONSTRUCTION, STREET LIGHT IMPROVEMENTS, WATER AND SEWER LINES, PARKS AND PLAYGROUNDS, SENIOR CENTERS, LIBRARY IMPROVEMENTS, RECREATION CENTERS, THINGS LIKE THAT. THE ONE CAVEAT BEING THAT AT LEAST 70% OF THE FUNDS HAVE TO BENEFIT LOW TO MODERATE INCOME RESIDENTS. SO WITHIN THOSE CENSUS BLOCKS, A MAJORITY OF THOSE RESIDENTS HAVE TO BE LOW TO MODERATE INCOME. SO YEAH, SO WE'RE LOOKING FOR PUBLIC COMMENT FROM CITIZENS, STAKEHOLDERS. THE COMMISSION IS MORE THAN WELCOME TO MAKE COMMENTS AS WELL. AND JUST LOOKING TO SEE WHAT PEOPLE HAVE TO SAY ABOUT WHAT WE SHOULD USE THESE FUNDS FOR NEXT YEAR.

SO THE PUBLIC HEARING IS NOW OPEN. YES. I WILL SAY IN ORDER. I THINK THIS IS OUR SECOND YEAR.

DO I NEED TO INTRODUCE MYSELF? AND YES, MY NAME IS ELLEN HERMES. I'M A RESIDENT OF KYLE.

I'M A BOARD MEMBER AT THE COLLIERY, A SENIOR ZONE, AND I'M CHAIR OF THE PARKS AND REC ADVISORY BOARD, AND I HAVE SOME EXPERIENCE WITH BLOCK GRANTS. I THINK THIS IS OUR SECOND YEAR TO RECEIVE THAT. ONCE YOU HIT A POPULATION OF 50,000, THEN YOU BECOME ELIGIBLE. MOST CITIES

[00:05:08]

THAT I KNOW OF OPEN IT UP A LITTLE BIT MORE TO THE NON-PROFITS AND ACCEPT APPLICATIONS FOR FUNDING FROM THEM. AND I WOULD HOPE THAT PERHAPS IN THE FUTURE THAT WE MIGHT DO THAT. I, I KNOW KYLE HAS EXPLODED AND WE HAVE THESE REAL INFRASTRUCTURE THINGS THAT HAVE TO BE FUNDED, BUT HAVE THOSE PRIORITIES BEEN SET YET? OH, I WAS JUST COMMENT, RIGHT? I SHOULDN'T REALLY BE ASKING QUESTIONS. OKAY, WELL, PERHAPS THAT WILL BE CLEAR. AND MAYBE YOU WILL ANNOUNCE SOME KIND OF A TIMELINE OF WHEN THESE DECISIONS WILL BE MADE, IF THEY HAVE NOT BEEN ALREADY. FAIR ENOUGH. THANK YOU. THANK YOU FOR SERVING. THANK YOU. ANYONE ELSE? PUBLIC COMMENTS. THE HEARING. SEEING IS THERE ARE NO FURTHER COMMENTS FOR THE PUBLIC HEARING. PUBLIC HEARING IS CLOSED. IT'S TIME FOR BUSINESS. THE CONSENT AGENDA. ITEM NUMBER THREE. IS THERE A

[V) Consent Agenda]

MOTION? I MAKE A MOTION TO APPROVE THE CONSENT AGENDA OF A RE PLOT OF LOT 57, BLOCK YI.

PHASE SIX A OF THE CROSSWINDS SUBDIVISION. CAN I HAVE A SECOND? I'LL SECOND HAVE A SECOND MOTION MADE BY MR. SERRATO. COMMISSIONER SORRENTO. OKAY, SO LET'S HAVE A VOTE. ALL IN FAVOR, SAY I, I ALL OPPOSED. SAY NAY. CARRIES UNANIMOUSLY. CONSIDERABLE CONSIDERING

[4) Consider approval of a request to rezone approximately 5.01 acres of land from ‘A’ (Agriculture), to ‘W’ (Warehouse) for property located at 340 CR 158 in Hays County, Texas. (Z-25-0135) Public Hearing ]

POSSIBLE ACTION. NUMBER FOUR, CONSIDER APPROVAL OF A REQUEST TO REZONE APPROXIMATELY 5.1 ACRES FROM A AGRICULTURE TO W WAREHOUSE FOR PROPERTY LOCATED AT 340 COUNTY ROAD 158, HAYS COUNTY, TEXAS. Z 20 5-0135 ITEM PRESENTER. ALL RIGHT, GOOD EVENING, KAYLA SHARP, SENIOR PLANNER SO WE HAVE A ZONING CASE FOR YOU TONIGHT. THIS ONE WILL BE A LITTLE BIT DIFFERENT THAN SOME OF THE ONES YOU'VE SEEN IN THE PAST, AND THAT THIS ONE IS A CITY INITIATED REZONING. AND I'LL KIND OF EXPLAIN WHY AS I GO THROUGH THE PRESENTATION. SO THIS IS JUST OVER FIVE ACRES ON COUNTY ROAD 158. THIS IS A CITY INITIATED REZONING TO COMPLETE A 2007 ZONING APPLICATION THAT WAS NEVER COMPLETED. THE PROPERTY WAS PARTIALLY DEVELOPED IN 2008. AS YOU CAN KIND OF SEE ON THE MAP, I KNOW IT'S KIND OF SMALL, BUT THAT KIND OF PLAN, RIGHT SIDE OF THE PROPERTY WAS DEVELOPED IN ACCORDANCE WITH THE WAREHOUSE ZONING. SO A LITTLE BIT OF HISTORY ON THE PROPERTY.

THE PROPERTY WAS PLOTTED IN 2002 WHEN IT WAS IN THE CITY'S EXTRATERRITORIAL JURISDICTION, AND THE PROPERTY OWNER APPLIED AND PAID FOR ZONING, ANNEXATION AND SITE DEVELOPMENT. IN 2007, THE SITE PLAN WAS APPROVED BY THE PLANNING AND ZONING COMMISSION, BACK WHEN ALL SITE PLANS CAME TO THE COMMISSION FOR APPROVAL, AND THEN THE ANNEXATION WAS ALSO COMPLETED IN FEBRUARY OF 2008. SO BASED ON CITY RECORDS AND RECORDS PROVIDED BY THE PROPERTY OWNER, THERE'S EVIDENCE THAT THE ZONING APPLICATION WAS SUBMITTED AND PAID FOR BUT WAS NEVER PROCESSED. ZONING, THEREFORE, WAS NEVER ASSIGNED, AND THE ZONING HAS REMAINED AGRICULTURE EVER SINCE THE PROPERTY WAS ANNEXED. SO REALLY, THE KIND OF INTENT BEHIND THIS REZONING IS TO KIND OF CLEAN UP THAT APPLICATION THAT WAS NEVER FORMALLY PROCESSED. SO THE ADJACENT PROPERTIES ARE PRIMARILY ZONED WAREHOUSE AND AGRICULTURE. AND THEN THERE IS A SUBDIVISION ACROSS COUNTY ROAD 158 THAT IS ZONED FOR SINGLE FAMILY RESIDENTIAL. THIS IS IN THE REGIONAL COMMERCIAL. LAND USE DISTRICT, PER OUR FUTURE LAND USE PLAN. AND THAT DOES ALLOW FOR SOME WAREHOUSE BUILDING TYPOLOGIES AND THINGS LIKE THAT. SO IT DOES ALIGN WITH OUR COMPREHENSIVE PLAN AS WELL. THE CURRENT USE OF THE PROPERTY IS A COMMERCIAL ROOFING AND SHEET METAL CONTRACTING COMPANY. THE INTENT IS FOR THIS USE TO CONTINUE, AND THE COMPANY WANTS TO BE ABLE TO EXPAND AND BUILD OUT THE REST OF THEIR SITE. BUT IT IS IMPORTANT TO NOTE THAT TECHNICALLY ANY USE IS ALLOWED IN THE WAREHOUSE ZONING DISTRICT PER OUR CODE WOULD ALSO BE

[00:10:03]

PERMITTED. SO BASED ON THE EXISTING USE AND THE CITY'S FAILURE TO REZONE THE PROPERTY WHEN IT WAS ORIGINALLY REQUESTED IN 2007, AND IN ADDITION TO THE SURROUNDING PROPERTIES AND FUTURE LAND USE PLAN STAFF IS SUPPORTIVE OF THIS REQUEST AND INITIATED THIS REQUEST ON BEHALF OF THE PROPERTY OWNER, AND WE ARE RECOMMENDING THAT THE PLANNING AND ZONING COMMISSION VOTE TO RECOMMEND APPROVAL. QUESTIONS OF STAFF. AND WE DO HAVE A PUBLIC HEARING ON THIS ITEM AS WELL. PUBLIC HEARING. GO AHEAD AND OPEN THAT PUBLIC HEARING AND THEN I'LL COME BACK FROM OKAY, SO WE OPEN A PUBLIC HEARING ON THIS ITEM NUMBER FOUR. ANYONE COMING FORTH TO MAKE A COMMENT. PUBLIC HEARING CLOSED. HAVE A MOTION. I MAKE A MOTION TO APPROVE. SECOND. OKAY.

MOTION MADE BY COMMISSIONER CALIPHATE. SECOND BY COMMISSIONER SORRENTO. HAVE A VOTE HERE. ALL IN FAVOR, SAY I. I ALL OPPOSED. SAY NAY. CARRIES. THANK YOU. ITEM FIVE. CONSIDER

[5) Consider approval of a Conditional Use Permit regarding Building Elevations for project "A Little Shady", in accordance with section 53-892 "Districts and boundaries", subsections (a)(5) "The FM-1626 conditional use overlay district", for property located at 5172 S. FM-1626. (CUP-25-0126)]

APPROVAL OF A CONDITIONAL USE PERMIT REGARDING BUILDING ELEVATIONS FOR PROJECT A LITTLE SHADY IN ACCORDANCE WITH SECTION 53-892. DISTRICTS AND BOUNDARIES. SUB SECTIONS A FIVE.

THE FM 1626 CONDITIONAL USE OVERLAY DISTRICT FOR PROPERTY LOCATED AT 5172 SOUTH. FM 1626 CONDITIONAL USE PERMIT 20 5-0126 PRESENTER MR. LUTZ. THANK YOU COMMISSIONERS. GOOD EVENING.

BEFORE YOU IS A SIMPLE CUP. THIS IS ONE OF OUR OVERLAY DISTRICTS. THIS IS GOING TO BE OUR FM 1626 OVERLAY. YOU CAN SEE HERE THIS IS THE SITE HIGHLIGHTED IN BLUE. THIS IS AN INTERNAL STREET OFF OF MARKETPLACE. BUT IT DOES HAVE AN ACCESS OFF OF THAT STREET. THE APPLICANT IS LOOKING AT DEVELOPING A NEW RESTAURANT AND TAVERN IN THE MARKETPLACE DISTRICT. IT'S ABOUT A 1.29 ACRE SITE. THE BUILDING IS ROUGHLY 5600FT■!S. THERE'S AN EXTERIOR RESTROOM FACILITY OUTSIDE IN THE KIND OF COURTYARDS, ANOTHER 977FT■!S, AND THEN THE OUTDOOR AREA IS A COVERED PATIO, APPROXIMATELY 4000 ADDITIONAL SQUARE FEET. THE OUTDOOR PATIO SPACE IS PLANNED TO HAVE AMBIENT MUSIC AND WILL ABIDE BY A CITY OF NOISE ORDINANCES. I DO NEED TO WORK WITH THE APPLICANT. A LITTLE MORE DETAIL ON THAT. IF THEY PLAN ON HAVING LIVE MUSIC, THAT WOULD REQUIRE ANOTHER CUP, SO YOU MAY SEE THEM BACK, BUT IF IT'S JUST EXTERNAL MUSIC, THAT SHOULDN'T BE AN ISSUE. LOOKING AT THE SITE PLAN, THERE'S NO OVERLAY STANDARDS IN THIS THIS OVERLAY DISTRICT. IF YOU RECALL, I-35 HAS A VERY SET SPECIFIC CRITERIA. THIS DISTRICT IS SILENT. SO WE DO WANT TO LOOK FOR THE SAME PURVIEW. WE'RE LOOKING FOR ACCESS FOR SAFETY, LOOKING AT THE BUILDING AND THE MATERIALS. WHEN WE LOOKED AT THE STONE THE ZONING, IT IS RETAIL SERVICES. SO WE REVIEWED THIS PLAN. ACCORDING TO THAT WE HAVE MET ALL THE DEVELOPMENT STANDARDS LOOKING AT PARKING.

THEY'RE REQUIRED 56. THEY ARE PROVIDING 62. WHEN WE'RE LOOKING AT BUILDING MATERIALS IT'S BASICALLY HARDY BOARD TEXAS BROWN FLAGSTONE. THERE'S AN ADOBE STYLE HEAVY PLASTER. AND THEN CMU BLOCK PAINTED HIGH GLOSS. AND I'LL GO THROUGH SOME OF THE BUILDING ELEVATIONS AND RENDERINGS. PHOTOMETRIC PLAN WAS REVIEWED. IT'S APPROVED ZERO LIGHT TRESPASS AT THE PROPERTY LINE. LANDSCAPING PLAN WAS REVIEWED AND APPROVED. THE PROVIDING ABOUT 1000 MORE SQUARE FEET OF REQUIRED LANDSCAPING, ABOUT 10% MORE IN THE FRONT YARD THAN WHAT'S ACTUALLY REQUIRED.

SEVERAL MORE TREES AND THEN SHRUBS. YOU CAN SEE THEY KIND OF BLEW THE REGULATIONS OUT OF THE WATER. SO REALLY APPRECIATIVE OF THAT. SO THIS IS THE ELEVATIONS OF THE BUILDING. SORRY. THEY ARE IN BLACK AND WHITE. BUT I DO HAVE A COLOR RENDERING I CAN SHOW YOU JUST TO KIND OF SEE THERE'S BUILDING MATERIALS IN THERE. THERE ARE ABOUT 20 TO 30% KIND OF GIVE OR TAKE A SIDE FOR EACH TYPE OF MATERIAL. AGAIN, WE DON'T HAVE ANY MINIMUMS IN THIS DISTRICT. HERE'S THE WEST ELEVATIONS. EAST ELEVATIONS. FIREPLACE. THIS IS THE DUMPSTER ENCLOSURE. AND THEN THESE ARE THE COLOR RENDERINGS OF WHAT THIS WILL LOOK LIKE. SO THIS IS THE OVERALL SITE PLAN. YOU CAN SEE ACCESS POINTS ALL THERE. PARKING TRASH DUMPSTERS. THIS IS THE LANDSCAPE PLAN SHOWING ALL OF THE STREET TREES OUT AROUND THE SIDEWALKS, THE RIGHT OF WAYS, AND THEN ALL THE SHRUBBERIES. THEY HAVE ONE PARKING SPACE WITHIN EVERY TREE. SO. AND THEN THE PHOTOMETRIC

[00:15:04]

SHEET. SO YOUR OPTIONS TONIGHT OR APPROVE IS PRESENTED. APPROVE WITH MODIFICATIONS OR DENY.

STAFF FOUND THIS TO BE COMPLIANT. SO WE'RE GOING TO RECOMMEND APPROVAL I CAN ANSWER ANY QUESTIONS YOU HAVE. AND I BELIEVE THE APPLICANT IS HERE AS WELL IF YOU NEED FURTHER INFORMATION. QUESTIONS FOR STAFF LESS A QUESTION MORE A COMMENT NOTING THAT YOU SAID THERE'S STILL NEGOTIATION GOING ON REGARDING LIVE MUSIC VERSUS NOT LIVE MUSIC. THERE COULD BE SOME ROOM FOR DISCUSSION WITH INTERFACING WITH THE ARTS AND CULTURE COMMISSION OF KYLE, AND SEE IF THERE'S A WAY WE CAN COLLABORATE AND BRING IN MORE. I DON'T KNOW, CROSS-BREEDING OF ACTIVITIES WITHIN THE CITY. YEAH. SO YOU WILL NOTICE THERE'S ALSO THE SITE'S ALSO ADJACENT, ADJACENT TO A SMALL PARK AREA, OPEN SPACE. THEY'VE GOT AN AMPHITHEATER THERE, I BELIEVE SMALL ONE. SO I THINK THERE'S AN OPPORTUNITY FOR THEM TO INCORPORATE SOME LIVE MUSIC, JUST KIND OF LETTING YOU GUYS AS A NOTE, IT'S JUST A GENERAL STATEMENT. IF THEY PLAN TO HAVE BANDS THERE ON A REGULAR BASIS, THEN WE WOULD COME BACK WITH A DIFFERENT SET OF CUP. WE WOULD CONSIDER HOURS OF OPERATION AND THINGS OF THAT NATURE, BUT THIS ISN'T GENERALLY NEXT TO A HEAVY RESIDENTIAL AREA. SO BUT AGAIN, WE CAN HAVE THOSE CONVERSATIONS IN THE FUTURE. THANK YOU. IS THIS APPLICANT RELATED TO SHADY GROVE BY CHANCE AND AUSTIN? YES. THIS IS THE THIS IS THEIR KYLE.

DIP IN SPIN OFF. YEP. THAT'S VERY EXCITING. AS AN AUSTIN NATIVE I LOVED GOING TO SHADY GROVE, SO I'M EXCITED TO SEE A LITTLE SHADY HOPEFULLY BE BUILT HERE IN KYLE. OTHER QUESTIONS I'LL MAKE A MOTION TO APPROVE AS PRESENTED. SECOND OKAY. MOTION BY COMMISSIONER, SECOND BY COMMISSIONER SERATO. ALL IN FAVOR, SAY AYE. AYE. OPPOSED. SAY NAY. PASSED UNANIMOUSLY.

THANK YOU. COMMISSIONERS. NOW WE'VE REACHED THE END OF OUR BUSINESS HERE ON THE FORMAL AGENDA. AND AT THIS TIME, WE

* This transcript was compiled from uncorrected Closed Captioning.