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[I) Call Meeting to Order and Roll Call]
TODAY IS TUESDAY, SEPTEMBER 8TH, AND THE TIME IS 6:30 PM I WOULD LIKE TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER.MAY I HAVE A ROLL CALL PLEASE? WEBB? PRESENT.
WE'VE GOT OUR QUORUM FOR THE NIGHT.
[II) Citizen Comment Period with Planning & Zoning Commission ]
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.
UM, IF YOU COULD COME UP TO THE FRONT PLEASE.
I DON'T KNOW IF THIS IS THE MOST APPROPRIATE TIME TO ADDRESS IT.
I ALSO SAW, UH, THURSDAYS WAS A SPECIAL MEETING AND I WANTED TO DISCUSS OR AT LEAST SPEAK ON FLOCK.
I DON'T KNOW IF THE TIME STARTED ALREADY, BUT, OKAY.
I'M A KYLE RESIDENT HUSBAND OF ALMOST 10 YEARS, FATHER OF THREE AND UNITED STATES MARINE CORPS VETERAN.
I'M HERE TONIGHT ASKING TO END KYLE'S CONTRACT WITH FLOCK SAFETY.
FIRST, I SUPPORT LAW ENFORCEMENT.
I RECOGNIZE THE LICENSE PLATE READERS CAN HELP SOLVE STOLEN VEHICLES, LOCATE MISSING PEOPLE, AND SOLVE CRIMES.
BUT USEFULNESS ALONE CANNOT DETERMINE HOW MUCH SURVEILLANCE POWER GOVERN GOVERNMENT SHOULD POSSESS.
UH, COWS REPORTED, UH, ROUGHLY 2.6 MILLION PLATE OBSERVATIONS IN A SINGLE MONTH AGAINST THAT ENORMOUS DENOMINATOR.
COUNSEL DISCUSSED 51 WARRANT ALERTS, 27 PLATE ALERTS, UH, 11 MISSING PERSONAL ALERTS, AND THAT'S 89 ALERTS AMONG ROUGHLY 2.6 OBSERVATIONS.
THE OUTER PROPORTION RATIO IS ABSURD AND SHOULD NOT CONSTITUTE THE NEED TO RECORD MY MORNING JOB.
IF YOU KEEP YOUR TO THE GROUND, CITIZENS OF POWER ARE NOT IN ISOLATION.
IN FACT, UH, IT WOULD SEEM AS IF THE CITY OF COLLEGE IS LAGGING BEHIND THE STATEWIDE RESPONSE TO THE MASS SURVEILLANCE LAND JUST DESCENDED THE FLOCK PROGRAM.
PFLUGERVILLE ENDED HIS CONTRACT AFTER PUBLIC RECORDS REPORTED REVEAL REVEALING APPROXIMATELY 1.6 SEARCHES INVOLVING THIS NETWORK.
UH, BY 459 OUTSIDE ORGANIZATIONS, CITY OF AUSTIN, QUESTIONING ITS OWN CONSTITU CONSTITUTIONALITY, UM, GOVERNMENT, UH, GOVERNOR AB HAS HALTED ADDITIONAL TEXAS STATE FUNDING.
HOOD COUNTY TERMINATED ITS FLOCK AGREEMENT AND DISABLED HIS CAMERAS.
I'M EMILY THANKFUL THAT THE CITY COUNCIL LISTENS TO ITS CITIZENS REGARDING THE PROBLEMATIC AI CAMERAS, UNLIKE BASAL, EXCUSE ME, BASAL COUNTY THAT HELD THEIR MEETING, UH, AND CONSERVES THE BLOCK A HUNDRED MILES AWAY IN FREDERICKSBURG.
UH, THERE'S ANOTHER ISSUE, UH, THAT THIS COMMUNITY NEEDS TO CONFRONT.
UM, IMMIGRATION ENFORCEMENT, UH, PEOPLE IN THIS COMMUNITY HAS HAVE PROTESTED ICE UH, ENFORCEMENT BECAUSE THEY BELIEVE UNDOCUMENTED IMMIGRANTS SHOULD BE TREATED WITH HUMAN DIGNITY AND BE ALLOWED TO, UH, WORK, RAISE FAMILIES AND MOVE, UH, THROUGH THEIR COMMUNITIES WITHOUT LIVING IN CONSTANT FEAR.
YET FLOCKED DATA HAS REPORTEDLY BEEN USED TO ASSIST FEDERAL IMMIGRATION ENFORCEMENT, INCLUDING, UH, THROUGH INDIRECT ACCESS AND SEARCHES PERFORMED BY OTHER LAW ENFORCEMENT AGENCIES ON BEHALF OF IMMIGRATION AUTHORITIES.
UH, EARLIER THIS YEAR, THERE WAS A STRONG ANTI-ICE COMMUNITY PROTESTING RIGHT HERE AT THE FOUR-WAY OUTSIDE.
UM, WHERE'S THAT COMMUNITY NOW WHERE IT SEEMS THE GOVERNMENT TECHNOLOGY HAS OUTSMARTED? MY QUESTION IS MORE FUNDAMENTAL.
IF CALL CONTINUES VEHICLE LOCATION DATA TO A NETWORK THAT CAN ULTIMATELY ASSIST IMMIGRATION ENFORCEMENT ELSEWHERE, WHAT ASSURANCE DO RESIDENTS ACTUALLY HAVE ABOUT WHERE OUR DATA GOES AND HOW IT CAN BE USED? UM, THAT SHOULD CONCERN PEOPLE ON BOTH SIDES ON THE POLITICAL AISLE TODAY, THE CONCERN MAY BE IMMIGRATION TOMORROW.
IT CAN INVOLVE FIREARMS, ABORTION, POLITICAL ACTIVITY, RELIGIOUS ASSOCIATIONS, OR SOMETHING NONE OF US COULD HAVE ANTICIPATED.
THAT IS PRECISELY WHY THE FOURTH AMENDMENT MATTERS.
UH, QUICK EXAMPLE, CARPENTER, UH, V UNITED STATES SUPREME COURT HELD FIVE TO FOUR.
THAT GOVERNMENT ACQUISITION OF HISTORICAL CELL SITE LOCATION RECORDS CO CONSTITUTED A FOURTH AMENDMENT SEARCH CHIEF.
UH, JUSTICE, UH, JOHN ROBERTS MADE AN INCREDIBLY IMPORTANT STATEMENT SAYING A PERSON DOES NOT SURRENDER ALL FOURTH AMENDMENT PROTECTIONS BY VENTURING INTO PUBLIC'S INTO THE PUBLIC'S FEAR.
I'M, I'M ALMOST THAT, UM, UH, EVEN A-C-L-A-A-C-L-U, THE DISTINGUISHES TARGETED A LPR USES FROM THE BUILDING COMPREHENSIVE RECORDS OF EVERYONE'S MOVEMENTS.
I'M NOT ASKING, UH, YOU TO MAKE POLICING IMPOSSIBLE.
I'M ASKING YOU TO DRAW A LINE BETWEEN TARGETED INVESTIGATION AND SURVEILLANCE BY DEFAULT,
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UH, I, I SERVED IN THIS COUNTRY BECAUSE THE LIBERTIES MEAN SOMETHING.NOW I'M RAISING THREE CHILDREN HERE AND I CARE DEEPLY ABOUT WHAT DEFINITION OF NORMAL GOVERNMENT SURVEILLANCE MY GENERATION LEAVES TO THEIRS.
PLEASE LEAVE THIS CITY IN A COURSE CORRECTION THAT HALTS FURTHER EXPANSION AND ENDS.
POLICE DESERVE EFFECTIVE TOOLS, BUT GOVERNMENT POWER STILL REQUIRES LIMITS.
WE SHOULD ESTABLISH THOSE LIMITS BEFORE ABUSE OCCURS, NOT AFTERWARDS.
IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK DURING PUBLIC COMMENTS? OKAY.
SEEING NONE, WE WILL MOVE FORWARD TO OUR
[1) Consider and make a recommendation to the City Council to approve or deny a request for a Conditional Use Permit pursuant to Ch. 53A, Article II, Part D, Section 3 of the City of Kyle Code of Ordinances to allow a wireless telecommunication facility on property located at 19206 Marketplace Avenue. (CUP-26-0168) Public Hearing ]
ACTION ITEMS FOR THE NIGHT.UM, CONSIDER IMPOSSIBLE ACTION.
CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE OR DENY A REQUEST FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 53, A ARTICLE TWO PART D, SECTION THREE OF THE CITY OF KYLE CODE OF ORDINANCES TO ALLOW A WIRELESS TELECOMMUNICATION FACILITY ON PROPERTY LOCATED AT 1 9 2 0 6 MARKETPLACE AVENUE.
THIS IS CUP DASH 26 DASH 0 1 6 8.
WE DO HAVE A PUBLIC HEARING ON THIS, BUT I'M GONNA HOLD OFF ON IT UNTIL AFTER YOU'VE MADE YOUR PRESENTATION.
UM, TONIGHT WE HAVE A CONDITIONAL USE PERMIT FOR YOUR CONSIDERATION, AN ACTUAL CONDITIONAL USE PERMIT IN THIS CASE.
UM, TO ALLOW A WIRELESS TELECOMMUNICATION FACILITY ON CITY OWNED PROPERTY LOCATED AT 19 2 0 6 MARKETPLACE AVENUE.
UM, HERE'S KIND OF A GENERAL OVERVIEW OF WHERE THE PROPOSED CELL TOWER IS.
UM, TO BE LOCATED, THEY WOULD LIKE TO CONSTRUCT A 150 FOOT TALL MONOPOLE CELL TOWER, UM, AGAIN ON CITY PROPERTY.
UM, THIS PROPERTY IS IN THE PLUM CREEK PLANNED UNIT DEVELOPMENT OR THE PLUM CREEK POD AND IS ZONED PLUM CREEK LIGHT INDUSTRIAL.
UM, SO WIRELESS TELECOMMUNICATION FACILITIES ARE NOT EXPLICITLY LISTED AS A PERMITTED USE IN ANY ZONING DISTRICT WITHIN THE PLUM CREEK POD.
UM, BUT THERE IS AN ALLOWANCE, UM, THAT YOU CAN GO THROUGH THE CONDITIONAL USE PERMIT PROCESS, UM, TO CONSIDER USES THAT ARE NOT OTHERWISE LISTED WITHIN THE PLUM CREEK P UM, THE CITY DOES HAVE AN EXECUTED GROUND LEASE OPTION WITH DIAMOND COMMUNICATIONS FOR THE CONSTRUCTION OF THE CELL TOWER ON THIS PROPERTY.
UM, BUT FOLLOWING EXECUTION OF THAT GROUND LEASE OPTION, IT WAS DETERMINED THAT THE USE WOULD NOT BE PERMITTED AND WOULD REQUIRE A CUP TO AUTHORIZE THE USE.
UM, THE PROPERTY IS ADJACENT TO SOME EXISTING WAREHOUSE BUILDINGS AND ALSO THE CITY'S WATER STORAGE FACILITIES.
IT'S ALSO NEXT TO THE FUTURE ST.
UM, THAT'S CURRENTLY UNDER CONSTRUCTION IF YOU'VE DRIVEN BY THE AREA RECENTLY.
UM, AND THEN ON THE OTHER SIDE IS THE UPR RAILROAD TRACKS.
AND ON THE OTHER SIDE OF THAT IS THE A CC HAYES CAMPUS.
UM, SO THERE'S NOT ANY RESIDENTIAL USES IN THE IMMEDIATE VICINITY THAT MAY POSE A RISK OR PROHIBIT THE CONSTRUCTION OF A CELL TOWER AT THIS LOCATION.
UM, THE APPLICANT HAS ALSO CONFIRMED THAT THE PROPOSED TOWER WILL, WILL NOT INTERFERE WITH OR PROHIBIT THE HOSPITAL FROM ESTABLISHING A HELIPAD ON ITS PROPERTY.
UM, AND THEN THE TOWER WILL ALSO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE LIGHT INDUSTRIAL ZONING DISTRICT AND THE CITY'S STANDARD WIRELESS TELECOMMUNICATIONS FACILITIES REQUIREMENTS UNDER CHAPTER 53.
UM, IT'S ALSO SUBJECT TO APPLICABLE FAA AND FCC REQUIREMENTS.
HERE IS JUST KIND OF AN OVERVIEW OF THE SITE PLAN.
UM, SO IT'S A VERY SMALL AREA, UM, ON THAT PROPERTY THAT THEY WOULD BE LEASING STAFF HAVE REVIEWED THE PROPOSED PLANS AND BELIEVE A CELL TOWER IS APPROPRIATE AT THIS LOCATION, UM, BASED ON ITS LOCATION AND THE ZONING DISTRICT.
UM, AND WE ARE RECOMMENDING APPROVAL OF THIS REQUEST AS PRESENTED.
UM, AT THIS TIME, 6 39 I'M GONNA OPEN THE PUBLIC HEARING ON THIS ITEM.
SEEING NONE, WE WILL GO AHEAD AND CLOSE THAT.
ARE THERE ANY QUESTIONS FROM THE DIOCESE FOR STAFF? IT WOULD APPEAR NOT.
UH, DOES SOMEONE WANNA BRING A MOTION FOR THIS ITEM? MADAM CHAIR? I'D LIKE TO MAKE, MAKE A MOTION.
WE APPROVE THIS CONDITIONAL USE PERMIT.
WE HAVE A MOTION TO ARE WE APPROVING OR RECOMMENDING APPROVAL? RECOMMENDING APPROVAL.
THIS WILL ALSO BE CONSIDERED BY CITY COUNCIL.
JUST CONFIRMING, UM, WE HAVE A MOTION TO RECOMMEND APPROVAL TO CITY COUNCIL FOR THE CONDITIONAL USE PERMIT FROM COMMISSIONER HILDRETH AND A SECOND FROM VICE CHAIR DEWELL.
IS THERE ANY DISCUSSION ON THAT?
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ALL IN FAVOR, PLEASE SAY AYE.[2) Consider approval of a Conditional Use Permit for proposed revisions to the building materials for a building located at 21565 IH-35 in the I-35 Overlay District. (CUP-26-0170)]
IS CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPOSED REVISIONS TO THE BUILDING MATERIALS FOR A BUILDING LOCATED AT 2 1 5 6 5 IH 35 AND THE I 35 OVERLAY DISTRICT.THIS IS CUP DASH 26 DASH 0 1 70.
KAYLA SHARP, SENIOR PLANNER, LAST ONE FROM ME FOR THE NIGHT.
UM, SO THIS ONE IS A REVISION TO A PREVIOUSLY APPROVED CUP, UM, FOR A RESTAURANT LOCATED AT 2 1 5 6 5 IH 35.
UM, SO THIS ONE, THE APPLICANT IS SEEKING A REVISION TO THE PREVIOUSLY APPROVED PLANS.
UH, THE APPROVED PLANS CONSISTED PRIMARILY OF STONE VENEER AND BRICK.
THE MATERIALS REMAIN THE SAME, BUT THEY ARE PROPOSING A CHANGE IN COLOR.
UM, AGAIN, THE ORIGINAL CUP WAS APPROVED IN FEBRUARY OF 2024, BUT IT EXPIRED BEFORE CONSTRUCTION COULD BEGIN.
A NEW CUP WAS APPROVED IN MAY OF 2025 AND THEY BEGAN CONSTRUCTION SHORTLY AFTER THAT.
UM, DURING THE FINAL SITE INSPECTION, CITY STAFF DISCOVERED THAT THE BUILDING MATERIALS WERE CHANGED DURING CONSTRUCTION AND THE MATERIALS AND COLOR NO LONGER MATCHED WHAT THE PLANNING AND ZONING COMMISSION HAD APPROVED IN THE CUP.
SO THE APPLICANT PROVIDED A LETTER OUTLINING THE REASONS FOR THE CHANGES.
UM, THE FULL LETTER WAS PROVIDED IN THE BACKUP MATERIAL FOR YOU.
UM, BUT JUST A BRIEF OVERVIEW OF THAT IS, UM, THE CHANGES WERE DUE TO COMPANY BRANDING AND ARCHITECTURAL STANDARDS.
UM, AND THEN THEY ALSO SAID THAT THEY WERE UNAWARE THAT CHANGES HAD TO BE APPROVED BY THE CITY.
SO THE APPLICANT IS PROPOSING CHANGES TO THE STONE, UM, AND A DIFFERENT COLOR BRICK.
BUT AGAIN, THE MATERIALS REMAIN CONSISTENT WITH THE I 35 OVERLAY.
SO HERE IS WHAT WAS APPROVED, UM, THE BIGGEST DIFFERENCE BEING THE RED BRICK OTHER SIDE AND THEN THIS IS WHAT THEY'RE PROPOSING OR WHAT HAS BEEN CONSTRUCTED.
SO, UM, IF YOU'VE DRIVEN BY IT'S A WHITE BRICK, UM, THE STONE'S ALMOST THE SAME, NOT TOO MUCH CHANGE THERE.
UM, BUT THE BIGGEST CHANGE IS THE WHITE BRICK VERSUS THE RED BRICK AND THEN THE OTHER SIDE OF THE BUILDING.
SO OPTIONS TONIGHT ARE TO APPROVE AS PRESENTED, APPROVE WITH MODIFICATIONS OR DENY THE REQUEST.
UM, STAFF HAS REVIEWED AND FOUND THE MATERIALS TO BE COMPLIANT WITH THE I 35 OVERLAY, BUT BECAUSE THE CHANGES WERE MADE, UM, IN THE FIELD RATHER THAN THROUGH THE ESTABLISHED APPROVAL PROCESS, WE'RE BRINGING THIS FORWARD TO THE COMMISSION FOR CONSIDERATION AND FINAL DETERMINATION.
ANY QUESTIONS? THANK YOU FOR THE PRESENTATION.
ANY QUESTIONS FOR STAFF? LIKE WE HAVE ONE THERE.
SO THIS WAS THIS COVERED BY STAFF PLANNING STAFF? YES.
AND, UM, WHEN WAS THIS DISCOVERED? UM, I WOULD HAVE TO GO BACK AND LOOK AT THE EXACT DATE.
UM, I BELIEVE IT WAS IN JULY, MAYBE WHEN WE WERE DOING OUR FINAL SITE INSPECTION.
UM, WHEN THEY WERE GETTING READY TO OPEN, WE DISCOVERED THAT THE MATERIALS DID NOT COMPLY.
AS I UNDERSTAND YOUR PRESENTATION, THERE WERE TWO CHANCES TO SEEK APPROVAL FOR THIS CURRENT DESIGN.
FIRST THEY CHANGED, BUT THERE WAS A SECOND CUP THAT WAS ISSUED.
THERE WAS CONSIDERATION OF THAT CUP AND NOTHING WAS SAID.
SO THIS IS THE CONCERN ABOUT THE PROCESS.
UM, I HAVE OTHER THINGS TO SAY, BUT NOT FOR YOU.
ARE THERE OTHER QUESTIONS FOR STAFF AT THIS TIME? OKAY.
UM, THANK YOU FOR THE PRESENTATION.
UM, WE MADAM, NEED TO MOTION MAD MADAM CHAIR.
I'D LIKE TO MAKE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT.
WE HAVE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT FROM COMMISSIONER HILDRETH, SECONDED BY COMMISSIONER CFU.
UM, IS THERE A DISCUSSION ON THAT? YES, I THOUGHT SO.
THERE WERE TWO BITES OF THE APPLE HERE AND THE SECOND ONE THAT COULD HAVE RECTIFIED THIS.
DOESN'T MENTION TWO PASSES AT THE APPLE, BUT, UH, NEVERTHELESS THAT DURING THE TIME BETWEEN THE ORIGINAL APPROVAL AND CONSTRUCTION, PO RATIO UPDATED THE ARCHITECTURAL DESIGN STANDARDS BEING IMPLEMENTED.
THERE WAS A LOT OF TIME HERE THAT THIS COULD HAVE BEEN RECTIFIED AND I'VE GONE BY AND IT WASN'T CAUGHT IN CONSTRUCTION.
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SO A LOT OF THINGS WERE IGNORED HERE AS FAR AS I'M CONCERNED.NOW, I WOULD POINT TO ACROSS THE RAILROAD TRACKS.
THE OTHER SIDE OF THE I 35, THERE'S A STARBUCKS ALL UP AND DOWN I 35.
WE HAVE NATIONAL AND STATE CHAINS, LOCAL BUSINESSES THAT ALL MANAGED TO CONFORM WITH THE, UH, OVERLAY.
AND WHEN THEY HAD PLANS THAT DID NOT CONFORM TO THE OVERLAY, THEY CAME IN FOR DISCUSSIONS ABOUT WHAT THEY REALLY WANTED AND HOW TO ACHIEVE THEIR GOAL.
I'M UPSET, I'M UPSET ABOUT THE PROCESS BEING IGNORED.
AND AT BEST THIS IS NEGLIGENCE.
WORST CASE IN MY VIEW IS IT'S EASIER TO, UM, ASK FORGIVENESS LATER THAN ASK PERMISSION NOW.
AND, UH, I SIMPLY DO NOT, UM, LIKE THIS WAY OF DOING BUSINESS.
NOW IT MAY INFORM TO THE OVERLAY AND THAT THAT'S GOOD.
I DROVE BY IT AND I COULD SAY THAT ROUGHLY IT DOES.
BUT A VIOLATION OF THIS KIND OF PROCESS JUST IS NOT ACCEPTABLE.
AND IF THERE WAS SOME WAY TO, UH, TO, UH, DEAL WITH THIS OTHER THAN THROUGH APPROVAL OR DISAPPROVAL, UH, I WOULD RECOMMEND ANOTHER OPTION ACTUALLY, IF THIS WERE, UH, UH, ANYTHING ELSE, I, IT'S WORTHY OF A FINE OR SOME KIND OF FINDING LIKE THAT AGAINST SOMEBODY WHO DOES THIS KIND OF THING.
SO, UM, MAKE SOUNDS LIKE IT'S THE NORMAL COURSE OF BUSINESS, BUT NOT FOR US.
IT'S DISRESPECT TO THE COMMUNITY.
IS THERE OTHER DISCUSSION ON THE MOTION? I CERTAINLY, I, I THINK WE'VE SEEN, UH, ESPECIALLY IN LIKE PROBABLY THE PAST YEAR, A NUMBER OF ITEMS THAT HAVE COME BACK IN A SIMILAR FASHION THAT IT WAS DIFFERENT THAN WHAT WAS APPROVED AND IT'S ALREADY BUILT AND WE HAVE TO APPROVE IT.
NOW I SHARE YOUR FRUSTRATION, COMMISSIONER SIEGEL THAT SAID THE WAY IT WAS BUILT, IF WE WOULD'VE SEEN IT THIS WAY, PROBABLY WOULD'VE BEEN APPROVED AT THE TIME.
UM, BUT TO YOUR POINT, YOU KNOW, PROCESS AND MAYBE THERE IS A FINANCIAL PENALTY OR SOMETHING WE CAN START TO IMPOSE LATER ON DOWN THE ROAD FOR PEOPLE TO DO THIS BECAUSE IT CERTAINLY DOESN'T NEED TO BECOME A HABIT.
BUT, UM, OVERALL SUPPORTIVE OF THE NEW DESIGN.
ANY OTHER DISCUSSION? NOT HALF THE DIES? NO.
WELL I THINK IT'S IMPORTANT 'CAUSE IF THIS MOTION GETS APPROVED AND WE COME BACK HERE AGAIN IN THE FUTURE, LIKE IF THIS GETS APPROVED, IT'S BECAUSE IT CURRENTLY, THEY, THEY REALLY JUST CHANGED COLORS.
ALL THE MATERIALS ARE ARE THE SAME.
LIKE YOU SAID, IT PROBABLY WOULDN'T HAVE BEEN APPROVED THE FIRST TIME ANYWAY.
BUT I THINK IT, WE HAVE TO BE CAREFUL THIS SITUATION COMES UP AGAIN AND THEY BUILT SOMETHING THAT WOULDN'T MEET THE I 35 OVERLAY, YOU KNOW, AND THAT PUTS US IN A DIFFERENT POSITION OF APPROVING, NOT APPROVING AND MAKING CHANGES.
SO JUST SOMETHING TO TRY TO PREVENT FROM HAPPENING IN THE FUTURE SOMEHOW.
I THINK WE HAD THAT ISSUE WITH, UH, WAS IT OVERHEAD GARAGE DOORS OR SOMETHING LIKE THAT TWO YEARS AGO? SO WE'VE, WE'VE SEEN THAT A COUPLE OF TIMES FOR SURE.
SO THE, UH, APPLICANT DID WIND UP COMING HERE JUST UNDER ADVERSE CIRCUMSTANCES.
THE APPLICANT IS HERE AS WELL TONIGHT.
ALRIGHT, IF THERE'S NO OTHER DISCUSSION ON THE MOTION, UH, WE CAN GO AHEAD WITH A VOTE.
UH, THE, THE MOTION IS TO APPROVE THE CONDITIONAL USE PERMIT.
UM, ALL THOSE IN FAVOR PLEASE SAY AYE.
UH, AND WITH THAT WE'VE COVERED ALL THE ITEMS OF BUSINESS ON OUR AGENDA.
SO THERE'S NOTHING FURTHER THAT CAN BE DISCUSSED.