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[I) Call Meeting to Order and Roll Call]
AND THE TIME IS 6:30 PM AND I WOULD LIKE TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER.MAY I HAVE A ROLL CALL, PLEASE? COPELAND HERE.
[II) Approval of Minutes]
IS APPROVAL OF MINUTES.CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION.
I MAKE A MOTION TO CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION FROM NOVEMBER 10TH SECOND.
WE HAVE A MOTION TO APPROVE THE MINUTES FROM COMMISSIONER SERATO AND A SECOND FROM COMMISSIONER CFU.
IS THERE ANY DISCUSSION ON THAT? OKAY.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
NEXT UP IS THE CITIZEN COMMENT PERIOD.
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 CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT.
SO I WILL GO AHEAD AND OPEN THAT NOW.
SEEING NONE, WE WILL KEEP MOVING.
[IV) Consent Agenda]
NEXT WE HAVE OUR CONSENT AGENDA.WE HAVE A PRELIMINARY PLAN TONIGHT FOR THE KYLE BUSINESS PARK SUBDIVISION PHASE TWO.
UM, THIS IS SUB DASH 24 DASH 0 3 5 9.
WE'D NEED A MOTION ITEM LIKE TO PULL THAT ONE.
UH, TONIGHT WE HAVE A PRELIMINARY PLAN FOR, UH, PROPERTY ON REPUBLIC DRIVE.
UM, THIS IS A BUSINESS, UH, PHASE TWO OF AN EXISTING BUSINESS PARK.
UM, YOU CAN SEE THE PROPERTY HERE LOCATED, UM, UH, APPROXIMATELY ADJACENT TO KIND OF THE EXISTING, UH, UH, PLA THAT WE APPROVED.
A COUPLE OF MEETINGS BACK, A MEETING BACK.
UH, THIS IS, UH, THE MIXED USE, UH, CARAWAY TRACT.
UM, SO THEY ARE PLOTTING THE NORTHERN PROPERTY, WHICH IS THE PHASE TWO.
UM, THEY ARE LOOKING AT, UH, A SITE DEVELOPMENT PLAN THAT'S IN, UH, REVIEW.
UM, IT'S APPROXIMATELY FOUR BUILDINGS ON THREE LOTS.
UM, SO THE ZONING WILL ALLOW THE PROPOSED STRUCTURES.
UH, THE WESTERN PORTION OF THIS DEVELOPMENT IS IN WITHIN THE I 35 OVERLAY DISTRICT.
UM, SO YOU MAY SEE SOME OF THESE BUILDINGS COME BACK, UH, DEPENDING WHERE THOSE LOTS BREAK UP.
UH, WE HAVE BEEN IN CONVERSATION WITH THEM ON MAKING SURE THAT THE ADJACENT PROPERTY'S NOT IN THE OVERLAY, AT LEAST MATCH IN UNIFORMITY IF THEY DON'T ALL COME IN WITH YOU.
UM, UH, SO AGAIN, YOU WILL SEE THAT AS A FUTURE.
SO WHEN WE LOOKED AT THE LOTS, AGAIN, IT'S THREE LOTS LOT ONE BLOCK A APPROXIMATELY 15 ACRES, LOT ONE BLOCK B 10, UH, LOT TWO.
BLOCK B IS A DRAINAGE LOT OR DETENTION POND.
UH, AND I'LL SERVE MULTIPLE, MULTIPLE PRO PROPERTIES.
THEY ARE DEDICATING 2.96 ACRES FOR ADDITIONAL RIGHT OF WAY FOR REPUBLIC DRIVE THAT WILL EVENTUALLY CROSS THE CREEK AND CONNECT TO THE KOHLER'S EXTENSION.
UH, THAT WILL BE DONE AT THE DEVELOPER'S EXPENSE.
UH OH, I ALREADY TALKED ABOUT THAT.
UH, SO AGAIN, FROM BB ROAD TO KOHLER'S, UM, THERE ARE EASEMENTS REQUIRED, MUNICIPAL UTIL EASEMENTS, DRAINAGE EASEMENTS.
WATER AND SEWER ARE PROVIDED BY THE CITY OF KYLE.
THERE'S NO PARKLAND DEDICATION REQUIRED WITH THIS PROJECT, BUT THEY WILL BE DOING ADJACENT LANE MILE FEES AS PART OF THE SITE DEVELOPMENT, UH, DEPENDING ON THE USES.
SO HERE IS THE PROPOSED, UH, LOT PLAN.
UM, SO YOU CAN SEE THE RIDE OF WAY, THE TWO LOTS, UH, ON EITHER SIDE WEST AND EAST.
AND THEN THERE'S A SMALL, JUST NORTH OF THE REPUBLIC DRIVE, UH, UH, JUST A, A DRAINAGE EASEMENT THAT CONNECTS OUT.
SO INSTEAD OF THEM DOING A FLAG LOT, THEY JUST DID A DRAINAGE LOT.
UM, THERE, THIS WOULD BE THE PROPOSED SITE PLAN.
AGAIN, THIS IS SHOWING A FUTURE CONNECTION OVER THE, THE FLOODWAY TO THE FUTURE, UH, KOHLER'S CROSSING EXTENSION AND YOUR OPTIONS DENIED OR APPROVED IS PRESENTED, APPROVED WITH MODIFICATIONS, CONDITIONS, OR DENY, DENY THE PLOT BASED ON ANY CODE REQUIREMENTS.
SO STAFF RECOMMENDS OPTION ONE AS IT MEETS ALL OF OUR STATE AND LOCAL REGULATIONS.
SO, UH, I'LL BE ABLE TO ANSWER ANY QUESTIONS IF YOU HAD THE, THE APPLICANT'S ENGINEERS ALSO AVAILABLE FOR QUESTIONS AS WELL.
UM, IS THIS ASSOCIATED WITH THE, UH, CAREWAY PROJECT PROJECT? UH, NOT DIRECTLY.
UM, THEY ARE A SEPARATE DEVELOPMENT TEAM.
UM, THEY HAVE SOME LOOSE AFFILIATIONS.
THEY HAVE DONE BUSINESS TOGETHER.
UM, BUT THEY ARE NOT DIRECTLY RELATED TOGETHER.
WHAT WERE THE CHALLENGES IN, UH, PLANNING IN ENGINEERING THIS PARTICULAR PLOT HERE? UH, DRAINAGE
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WAS THE BIG ONE.UM, JUST BECAUSE OF THE EXISTING DETENTION AND HOW THEY'RE GOING.
UH, THERE'S SOME SEVERE GRADE CHANGES THERE.
UM, SO THAT LED TO ISSUES WITH, UH, CROSS ACCESS AND PARKING.
UM, WE TRIED TO GET SOME SHARED DRIVEWAYS, BUT THERE'S ABOUT 10 FEET ELEVATION DROP BETWEEN ONE LOT TO THE NEXT.
UM, EVEN WITH GRADING, IT WOULD TAKE TOO MUCH TO KIND OF LEVEL IT OUT.
UM, SO THERE ARE SOME, SOME ACCESS POINT, UM, CONCERNS.
UM, I THINK OVERALL JUST GETTING THAT SECONDARY ACCESS WAS A FIRE CONCERN, UM, COMING OUT ON REPUBLIC DRIVE, UM, HOWEVER, UNTIL THAT'S COMPLETED, THEY DESIGNED THE SITE TO FUNCTION AS INTERNAL CIRCULATION ROUTE.
SO FIRETRUCK HAD TO GO IN, THEY COULD USE EITHER LOT AND COME BACK AROUND.
AND SO, UH, OBVIOUSLY GIVEN YOUR RECOMMENDATION, THIS DOESN'T HAVE ANY NEGATIVE IMPACTS ON THE KOHLERS COMING OVER OR ANYTHING LIKE THAT? NO, SIR.
AND, UH, ONCE AGAIN, IT'S A WAREHOUSE.
I JUST WANNA KNOW MY FAVORITE ZONING, UH, CODE WAREHOUSE.
SO, UH, I HOPE IT TURNS INTO SOMETHING, UH, FRUITFUL THAT FITS THE CARAWAY PROJECT, SO THANK YOU.
WE ARE CLOSE TO, BUT NOT IN THAT FLOODPLAIN, CORRECT SIR? UNDER YEAR? YES, SIR.
UM, AND I NOTICED THAT THEY PUT A LOT OF THOUGHT INTO THE ENGINEERING OF THAT DRAINAGE SYSTEM ADJACENT TO THAT.
UM, AND WOULD JUST ENCOURAGE THEM AS THEY'RE BUILDING THIS OUT TO THINK THROUGH AND, AND REALLY ENCOURAGING THAT KIND OF MITIGATIVE BEHAVIOR TO PROTECT THAT PROPERTY IN THE LONG TERM.
ESPECIALLY NOTING THAT SOMETIMES FLOODPLAINS CHANGE OVER THE YEARS.
ARE THERE ANY OTHER QUESTIONS FOR STAFF? OKAY.
WE WOULD NEED A, A MOTION TO TAKE ACTION ON THIS ITEM.
WE HAVE A MOTION TO APPROVE FROM VICE CHAIR SIEGEL AND A SECOND FROM THE COMMISSIONER COPELAND.
UM, ANY DISCUSSION ON THE MOTION? OKAY.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
[3) Consider and make a recommendation to the City Council regarding a request to rezone approximately 0.2174 acres from ‘RS’ (Retail Services) to ‘CBD-2’ (Central Business District-2) for Lots 8 and 9, Block B, of the Original Town of Kyle Subdivision, located at 201 and 203 S. Old Highway 81, Hays County, Texas. (Z-25-0140) Public Hearing ]
OKAY, NEXT UP, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST TO REZONE APPROXIMATELY 0.2174 ACRES FROM RS RETAIL SERVICES TO CCB D TWO, CENTRAL BUSINESS DISTRICT TWO FOR LOTS EIGHT AND NINE BLOCK B OF THE ORIGINAL TOWN OF KYLE SUBDIVISION, LOCATED AT 2 0 1 AND 2 0 3 SOUTH OLD HIGHWAY 81 HAY COUNTY, TEXAS.THIS IS Z DASH 25 DASH 0 1 4 0, MS. SHARP.
UM, THIS ITEM WILL HAVE A PUBLIC HEARING, SO IF IT WORKS FOR YOU, I'LL GO AHEAD AND RUN THROUGH THIS PRESENTATION AND THEN WE CAN DO THE PUBLIC HEARING AND THEN QUESTIONS AFTER.
UM, SO TONIGHT WE HAVE A REZONING REQUEST FOR 2 0 1 AND 2 0 3 SOUTH OLD HIGHWAY 81.
UM, THIS IS CURRENTLY ZONED RETAIL SERVICES AND THEY ARE REQUESTING A REZONING TO CENTRAL BUSINESS DISTRICT TWO.
UM, AND THE PROPERTIES ARE PART OF THE ORIGINAL TOWN OF KYLE.
SO THE RA ZONING IS TYPICALLY INTENDED FOR LARGER DEVELOPMENTS.
THINK LIKE YOUR WALMARTS HEBS TARGETS, THINGS LIKE THAT.
UM, CENTRAL BUSINESS DISTRICT ZONINGS, BOTH ONE AND TWO ARE PRIMARILY USED IN OUR DOWNTOWN OR ORIGINAL TOWN AREA.
UM, THEY'RE SUITABLE FOR INFILL AND REDEVELOPMENT IN IN THOSE AREAS AND IT ALLOWS FOR COMMERCIAL AND OFFICE USES WITH SOME LIMITED RESIDENTIAL USES AS WELL.
UM, DO WANNA POINT OUT THAT THE PROPERTIES ARE ALSO IN BOTH THE I 35 AND OLD HIGHWAY 81 OVERLAY DISTRICTS.
SO FOR THE FUTURE LAND USE PLAN, UM, THE PROPERTIES ARE IN THE REGIONAL COMMERCIAL, REGIONAL COMMERCIAL FUTURE LAND USE DISTRICT PER OUR COMPREHENSIVE PLAN AND THE REGIONAL COMMERCIAL, UM, LAND USE DISTRICT SUPPORTS BOTH COMMERCIAL AND MIXED USE ZONING DISTRICTS STAFF RECOMMENDATION.
WE'VE REVIEWED THE REQUESTS AND HAVE DETERMINED THE REQUESTED ZONING TO BE APPROPRIATE BASED ON THE CITY'S COMPREHENSIVE PLAN AND SURROUNDING LAND USES, UH, REZONING TO CBD TWO WILL ALLOW FOR GREATER FLEXIBILITY FOR FUTURE DEVELOPMENT.
AND WE ARE RECOMMENDING THAT THE COMMISSION RECOMMEND APPROVAL.
SO YOUR OPTIONS HERE TONIGHT ARE TO RECOMMEND APPROVAL AS PRESENTED, RECOMMEND APPROVAL WITH MODIFICATIONS.
UM, THE COMMISSION CAN RECOMMEND A ZONING, UM, DISTRICT THAT'S EQUAL TO OR MORE RESTRICTIVE THAN WHAT'S BEING REQUESTED OR RECOMMEND DENIAL.
SO WHENEVER, IF YOU HAVE QUESTIONS OR IF YOU WANNA GO AHEAD AND OPEN UP PUBLIC, I'LL OPEN THE PUBLIC HEARING RIGHT NOW, BUT MY MICROPHONE WAS OFF.
I'M GONNA OPEN THE PUBLIC HEARING NOW AT 6:40 PM OKAY.
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SEEING NONE, WE WILL CLOSE THAT AND, UH, OPEN IT UP FOR QUESTIONS FOR MS. SHARP.IS THERE A SPECIFIC USE EX SOMEONE COMING IN TO DEVELOP THAT OR BUILD SOMETHING THERE? SO THERE IS A PROPOSED DEVELOPER.
TYPICALLY WHENEVER WE'RE LOOKING AT A ZONING REQUEST THAT WE HAVE TO CONSIDER LIKE ALL OF THE POTENTIAL USES THAT ARE ALLOWED WITHIN THAT ZONING DISTRICT.
BUT WE DO HAVE SOMEONE THAT'S GETTING READY TO SUBMIT FOR, FOR PERMITS FOR THAT.
UM, I'D HAVE TO DOUBLE CHECK THE USE CHART, BUT I BELIEVE IT MIGHT, UM, I CAN, I CAN GET CLARIFICATION ON THAT FOR YOU IF YOU'D LIKE, YOU MENTIONED THERE IS A PLAN FOR SOMETHING TO BE DEVELOPED OR WHAT IS IT? UM, TYPICALLY THAT'S OUTSIDE OF THE SCOPE OF A ZONING REQUEST, BUT IT WOULD BE HAVE TO BE SOMETHING THAT'S ALLOWED WITHIN THE REQUESTED ZONING DISTRICT.
SO WHEN YOU'RE, WHEN YOU'RE CONSIDERING THESE REQUESTS, YOU HAVE TO CONSIDER LIKE ALL OF THE POTENTIAL USES THAT ARE ALLOWED WITHIN THE DISTRICT.
YEAH, I THINK THE, THE REASON I WAS ASKING HERE IS A LOT OF THE TIMES THE DISCUSSION OUT IN THE COMMUNITY ABOUT DEVELOPMENT AND GROWTH AND THINGS LIKE THAT, THE COMMON THING THAT WE ALL GO BACK TO IS IT'S CONTROL.
THE, THE, THE BEST PLACE TO CONTROL ALL THAT IS AT REZONING, RIGHT? MM-HMM
SO THIS IS KIND OF OUR OPPORTUNITY, BUT IT'S, I THINK IT'S A LITTLE BIT HARD FOR US TO EVALUATE THAT NOT KNOWING WHAT IT IS.
THAT'S, THAT'S KIND OF WHY YOU TAKE A LOOK.
WE HAVE A USE CHART IN OUR ZONING CODE THAT OUTLINES ALL OF THE USES THAT ARE ALLOWED IN, YOU KNOW, THESE ARE USES ARE ALLOWED IN CBD ONE, THESE ARE ALLOWED IN CBD TWO.
SO I REVIEWED IT BEFORE THE MEETING.
I HAVE A SIMILAR
IF YOU SAID IT WAS A PAWN SHOP, I WOULD SAY I RECOMMEND DENIAL.
IF YOU SAID IT WAS SOMETHING A LITTLE BIT MORE BENEFICIAL TO THE COMMUNITY, I MIGHT HAVE A DIFFERENT ANSWER.
SO, UM, I KNOW WHAT IS ALLOWED, BUT I THINK WHAT IT ACTUALLY IS MIGHT, YEAH, ABSOLUTELY.
UH, MY NAME IS HUGO ELIZONDO REPRESENTING, UM, THE DEVELOPER.
UH, I'M WITH CUATRO CONSULTANTS.
WE'RE THE CONSULTANT, ENGINEER AND APPLICANT.
UM, I RESPECT, UH, WHAT KAYLA UH, SAID ABOUT, YOU KNOW, THIS BEING CONSIDERED JUST ON THE MERITS.
IT WAS A TYPICAL ZONING CASE, BUT UH, WE'RE NOT OPPOSED TO, UM, TO DISCLOSING THE USE.
IT'S, IT'S GONNA BE, UM, A COFFEE SHOP WITH AN OFFICE, UH, ABOVE, UH, THE OWNER WILL, UM, INTENDS TO, UH, RUN AND MANAGE THE SHOP.
I DO ALSO WANNA POINT OUT, JUST, JUST SO Y'ALL ARE AWARE THAT THE CBD TWO IS TECHNICALLY LIKE A STEP DOWN IN OUR ZONING CODE FROM, UM, THE RETAIL SERVICES.
SO IT GENERALLY IS A LITTLE BIT MORE RESTRICTIVE IN TERMS OF WHAT USES ARE ALLOWED, WHICH ARE ALL BEING REVIEWED IN OUR REWRITE.
AND I'M SORRY, I DIDN'T MEAN TO BEAT YOU UP OVER THAT.
I JUST, THAT WAS A, THIS IS OUR TIME TO, TO UNDERSTAND THOSE THINGS, SO TOTALLY UNDERSTAND.
THANK YOU FOR STICKING WITH ME.
ANY OTHER QUESTIONS? AND THIS IS IN THE I 35 OVERLAY, SO THEY WOULD HAVE TO COMPLY TO THE BUILDING STANDARDS, SO I THINK, I'M SURE THEY'RE AWARE OF 'EM.
UM, I THINK IT'LL BRING SOME FRESH LOOK TO THAT AREA OF TOWN AS WELL.
SO IT COULD BE A REALLY GOOD THING AS WELL.
BUT AS LONG AS THEY'RE AWARE OF THAT AND WE DON'T COME BACK LATER AND HAVE CHALLENGES ON THE, THE BUILDING ITSELF? YES, IT IS IN BOTH THE, THE OLD HIGHWAY 81 AND THE I 35 OVERLAY.
SO CONDITIONAL USE PERMIT WITH THE SITE PLAN COLORED RENDERINGS, ALL OF THAT WILL COME BEFORE THE COMMISSION.
WE WOULD NEED A MOTION TO TAKE ACTION ON THIS.
WE HAVE A MOTION TO APPROVE FROM COMMISSIONER CFU AND A SECOND FROM COMMISSIONER SERATO.
IS THERE ANY DISCUSSION ON THAT? OKAY.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
AND WITH THAT, WE HAVE REACHED THE END OF OUR AGENDA.
THERE'S NO FURTHER BUSINESS ITEMS THAT, UH, CAN BE DISCUSSED AT THIS TIME.