Feb 15, 2022 Planning and Zoning Commission

[Call to Order and Determination of Quorum. ]

[00:00:04]

. >> OKAY, IT IS 6 O'CLOCK, SO AT THIS TIME I WILL CALL THIS MEETING OF THE PLANNING & ZONING COMMISSION TO ORDER AND LET THE RECORD SHOW WE DO HAVE A QUORUM.

[001 Citizens to be heard-The Planning & Zoning Commission invites citizens to address the Commission on any topic not already scheduled for a Public Hearing. Citizens wishing to speak should complete a “Citizen Participation Form” and present it to City Staff prior to the meeting. In accordance with the Texas Open Meetings Act, the Commission cannot act on items not listed on the agenda.]

THE PLANNING & ZONING COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSION ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO CITY STAFF PRIOR TO THE MEETING. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. SO WITH THAT, I HAVE TWO FORMS THAT HAVE BEEN SUBMITTED. MR. MARQORT, WOULD YOU LIKE TO

GO FIRST? >> I WOULD LIKE TO GO FIRST.

>> IF YOU WOULD COME FORWARD, THEN, AND YOU HAVE THREE MIN

MINUTES. >>> MY NAME IS DEBORAH MARQUORT.

ON APRIL, YOU GOT MY PARTICIPATION FORM THERE THAT I FILLED OUT. IT SAYS ON APRIL 21ST, 2020, THE PLANNING & ZONING COMMISSION, MAY 12, 2020, CITY COUNCIL APPROVED ORDINANCE 2021 FOR 720 ACRES.

PER THE ORDINANCE, ELLIS SOLARS WAS TO HAVE A 20 FOOD BUFFER ALONG THE FLOODPLAIN CREEK. THAT'S MY PROPERTY.

THEY ARE BULLDOZING DOWN ALL TREES.

ON ONE SIDE, 7 FEET FROM PROPERTY LINE WITH CONSTRUCTION, OTHER SIDE THERE IS 20 FEET. THERE IS TO BE A 20-FOOT BUFFER AND 10 FEET SETBACK. NOW THERE ARE NOTHING BETWEEN -- WOULD YOU LIKE TO SIT IN YOUR BACKYARD LOOKING AT THE SOLAR PANELS. ALSO, STARTING LAST WEEK, 2722, THEY ARE NOW MOVING DIRT TO HIGHER ELEVATION SO THE RAIN WATER WILL BE DIRECTED CLEAR TO MY PROPERTY.

THIS IS ALSO A VIOLATION OF THE 100 YEAR FLOODPLAIN ORDINANCE THAT THE CITY HAS. THIS WILL DRASTICALLY CAUSE EROSION TO THE BACK OF MY PROPERTY BECAUSE THEY HAVE CHANGED THE DIRECTION OF FLOW AND THERE'S NO TREES TO HOLD THE DIRT. WHY WAS I NOTIFIED? WERE ENGINEERING STUDIES DONE ON THE EFFECT OF MY PROPERTY.

PLANNING & ZONING AND CITY COUNCIL HAS OBLIGATIONS TO ALL CITIZENS AND PROPERTY OWNERS OF MIDLOTHIAN.

ALL I GOT WAS THREE MINUTES TO SPEAK ON HOW THIS WOULD AFFECT ME BEFORE IT WAS APPROVED. THERE IS NO CONSIDERATION FOR MY PROPERTY. ALSO SINCE 12/2/21, I FILED THE REQUEST FOR INVESTIGATION. I HAVE NO RESPONSE HOW WE COULD SOLVE THIS PROBLEM BEFORE ALL THE TREES, 20-FOOT BUFFER WAS DESTROYED. IN MY OPINION, THIS IS RETALIATION FOR SPEAKING OUT AND TRYING TO PROTECT MY PROPERTY.

SO I WOULD LIKE SOME ANSWERS FROM YOU GUYS.

YOU ARE THE ONES THAT APPROVED IT TO BEGIN WITH.

THIS IS THE FLOODPLAIN. I HAVE GOT MY AREA, MY PROPERTY HIGHLIGHTED IN THERE. THIS WAS PRESENTED ON THAT MAP WHEN YOU APPROVED THIS HERE. YOU CAN SEE THE TREE LINE AROUND THE YELLOW BORDER THERE. ALL THOSE TREES ARE GONE.

IT IS BARE. NOW WHAT THEY ARE DOING, I HAVE GOT THE REPORT FOR INVESTIGATION THAT I DID 12/23/21, ALL THE PICTURES AND EVERYTHING ARE THERE.

I HAVE NEVER GOT A RESPONSE SINCE DECEMBER 2ND FROM ANY OF YOU GUYS, CITY COUNCIL, OR ANYBODY FROM THIS CITY COME OUT THERE AND INSPECT WHAT'S GOING ON AND HOW YOU CAN RESOLVE THIS SITUATION. NOW IT HAS GOT OUT OF HAND.

NOW THEY ARE TAKING AND RAISING THE ELEVATION AND HERE'S A PICTURE HERE OF WHAT THEY ARE DOING, YOU CAN SEE THEY ARE ON MY PROPERTY. YOUR ORDINANCE IS WRONG BECAUSE YOU HAVE GOT THE BUFFER ZONE GOING THROUGH MY PROPERTY, NOT THE PROPERTY LINE ON THE OTHER MAP.

BUT YOU CAN SEE HERE, THIS IS THE WAY THE WATER USED TO DRAIN FROM THIS WAY GOING DOWN. THEY ARE SCRAPING IT ALL AND NOW I HAVE A BIG HILL COMING THIS WAY.

THIS WAY. ON THE BACK OF MY CORNER.

I WANT TO KNOW WHAT ARE YOU GUYS GOING TO DO? I'M A TAXPAYING PERSON IN MIDLOTHIAN, PAYING CITY TAXES.

I WANT SOME REPRESENTATION IN HOW TO STOP IT AND HOW TO PROTECT MY PROPERTY VALUE. I MEAN, YOU GUYS SCREWED UP WITH TXI AND HAZARDOUS WASTE BURNING, AND WITH [INAUDIBLE] FIRE.

WHAT KIND OF DISASTER IS THIS GOING TO BE?

[00:05:01]

I FEEL I'M BEING RETALIATED AGAINST BY GOING 7 FEET IN FRONT OF THE PROPERTY LINE. THESE ARE ALL FOR YOU TO GO AND I EXPECT AN ANSWER FROM THE PLANNING & ZONING AND SOMEBODY TO COME OUT TO MY PROPERTY AND SEE WHAT THE HECK IS GOING ON IN MY BACKYARD. BECAUSE I KNOW NONE OF YOU GUYS

WOULD. >> THANK YOU, MA'AM.

>> CRYSTAL MCCOOL? MA'AM, DO YOU HAVE -- STATE YOUR NAME AND ADDRESS AND YOU HAVE THREE MINUTES.

>> GOOD EVENING, I'M CRYSTAL MCCOOL, AN ATTORNEY IN WOX WOX BUT REPWOX, REPRESENTING DEBORAH MARQOURT.

I JUST WANTED TO LET YOU KNOW WE HAVE REVIEWED THE SPECIFIC USE PERMIT FOR THE SOLAR FARM AS WELL AS MY CLIENT HAS REVIEWED IT. SOME THINGS JUST REMAIN UNCLEAR TO US. SHE SAID, SOME QUESTIONS HAVEN'T BEEN ANSWERED AND ADDRESSED AND NOW THAT CONSTRUCTION HAS STARTED, IT IS EVEN MORE UNCLEAR WHAT'S HAPPENING AND WE JUST WANT SOME INFORMATION, MAINLY. WE SENT A NOTICE LETTER LAST WEEK TO THE PROPERTY OWNERS AND COPIED THE CITY ON IT AS WELL SEEKING ANSWERS AND REASSURANCE. OUR MAIN QUESTIONS ABOUT THE CONCEPT PLAN, IT DESCRIBES 30-FOOT SETBACK FROM THE PERIMETER OF THE SOLAR FARM. CURRENTLY, THERE IS ONLY A 7-FOOT SETBACK. WE DON'T KNOW IF THIS IS TEMPORARY, FOR CONSTRUCTION. OR IF THIS IS GOING TO BE PERMANENT IN A 7-FOOT SETBACK VERSUS 30-FOOT REQUIRED.

WE ARE SEEKING ANSWERS AND REASSURANCE FOR THE 30-FOOT SETBACK, AND THEN AS SHE WAS DISCUSSING, THE REPAIRIAN BUFFER, EXHIBIT B OF THE CONCEPT PLAN, SHOWS 20-FOOT REPAIRIAN BUFFER WITH A LANDSCAPE VARIANCE ON THE PLANS.

IT WAS UNDERSTOOD THAT THIS VARIANCE WAS GOING TO ALLOW THE EXISTING VEGETATION TO REMAIN AND NOT HAVE TO COMPLY WITH THE LANDSCAPE BUFFER VARIANCE. BUT NOW THAT EXISTING VEGETATION HAS BEEN REMOVED. SO THERE'S NO TREES RIGHT NOW.

IT IS BARE AS SHE MENTIONED. DIRT IS BEING CLEARED.

THERE'S M MULCH THERE. THERE'S EROSION CONCERNS, DRAINAGE OF THE PROPERTY. SHE MENTIONED IT IS IN A FLOODPLAIN. WE ARE UNSURE WHAT IS GOING TO HAPPEN AND WONDERING IF THE 20-FOOT REPAIRIAN BUFFER IS GOING TO BE HONORED AND LANDSCAPE REPLACED.

JUST CLARITY TO WHAT IS GOING TO HAPPEN AND IF COMPLIANCE WILL BE WITH THE CONCEPT PLAN AS WE UNDERSTAND IT, THAT'S OUR MAIN

CONCERNS. >> OKAY, I DON'T HAVE ANY

[002 Staff review of the cases that were heard by City Council in the last sixty (60) days.]

STAFF REVIEW OF THE CASES THAT WERE HEARD BY CITY COUNCIL IN

THE LAST 60 DAYS. >> THE FIRST ITEM, PLANNING & ZONING COMMISSION, CITY COUNCIL FEBRUARY 8, 20022, THE SIXTH STREET UPD, WHAT THEY ARE REQUESTING AT THIS TIME WAS TO REZONE THE PROPERTY FROM R3 TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR SINGLE FAMILY RESIDENCE TO BE BUILT. UNDER THE CURRENT CONDITIONS OF THE ZONING ORDINANCE, R3 DISTRICT, A SINGLE FAMILY RESIDENTIAL HOME COULD NOT MEET THE SETBACK REQUIREMENTS FOR THIS LOT, THAT'S WHERE THEY APPLIED FOR THE EPD.

P&Z RECOMMENDED APPROVAL. THEY APPROVED IT. THE NEXT WAS PLANNED AMENDMENT TO AZALIA HALLOW, TO ALLOW WITH ALL LOTS WITHIN THE DEVELOPMENT TO BE ALLOWED TO HAVE ACCESSORY STRUCTURE WITH ADDITIONAL PLUMBING FIXTURE. IN ACCORDANCE WITH OUR REGULATIONS, ANY KIND OF LOT TO HAVE MORE THAN ONE PLUMBING FIXTURE HAS TO BE A LOT GREATER THAN ONE ACRE IN SIZE.

WHEN THAT WENT BEFORE THE PLANNING & ZONING COMMISSION, THEY RECOMMENDED APPROVAL. IT WENT BEFORE CITY COUNCIL, THEY DENIED THE REQUEST. NEXT ITEM WAS GROWING IN GRACE DAY CARE, THE DAY CARE OFF NINTH STREET WITHIN THE MIDTOWN DEVELOPMENT. WHETHER THIS WENT BEFORE PLANNING & ZONING THEY DID RECOMMEND APPROVAL.

THERE WAS ONE POINT OF CONCERN ABOUT ON STREET PARKING AND THEY GAVE A RECOMMENDATION FOR STAFF TO LOOK AT WAYS TO PREVENT PEOPLE FROM PARKING ON STREET. WE TOOK THAT REQUEST AND THE ZONING CASE TO THE CITY COUNCIL, THEY AGREED WITH PLANNING &

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WE ALSO DID INFORM THEM OF YOUR CONCERNS REGARDING ON-STREET PARKING ON NINTH STREET. THEY SHARED SIMILAR CONCERNS.

THE NEXT WAS OFFICE PLEX LOCATED ON NINTH STREET, JUST DIRECTLY NORTH OF WHERE TACO BELL IS. PROPOSING TO AMEND THAT PD TO ALLOW FOR OFFICE COMPLEX. COUPLE THINGS IN THAT ORDINANCE THEY COULDN'T MEET. THEY COULDN'T DO, BY RIGHT.

THEY ARE MEETING EVERYTHING SUCH AS THE USE IS PERMITTED ON THAT LOT. THEY ARE BEING SETBACKS.

THINGS IT COULD -- WERE NOT MEETING, REQUESTING THE ZONING FOR, WAS THEY WERE REQUESTING INSTEAD OF HAVING MASONRY WALL, THEY WANTED SCREENING. AND ANOTHER ONE WAS THE AESTHETICS, THEY HAD THEIR OWN DESIGNS.

A CERTAIN DESIGN AND FEEL OF HOW THEY WANTED THOSE STRUCTURES TO LOOK. ACCORDING TO OUR REGULATIONS, SO MUCH ARTICULATION HAS TO BE ON THE FRONT, FRONT SIDE OF THE BUILDING AND ANY FACADE. PLANNING & ZONING RECOMMENDED APPROVAL. CITY COUNCIL ALSO APPROVED THAT ITEM. FINAL ITEM WAS KBC INDUSTRIAL WHICH IS LOCATED WHERE THE GOLF DRIVING RANGE IS, JUST NORTH OFF U.S. HIGHWAY 67. WHEN THAT WENT BEFORE PLANNING & ZONING COMMISSION, THEY WENT -- PLANNING & ZONING COMMISSION HAD A COUPLE OF CONDITIONS THAT THEY WANTED ATTACHED TO THE ORDINANCE. COUNCIL AGREED WITH THOSE CONDITIONS AND APPROVED THIS ITEM.

THOSE ARE ALL THE CASES THAT WEPT BEFORE THE PLANNING & ZONING COMMISSION AND CITY COUNCIL WITHIN THE LAST 60 DAYS.

THANK YOU. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> ANY QUESTIONS? THANK YOU. ITEM 3,

[003 Consider the minutes for the Planning and Zoning Commission meeting dated: • January 18, 2022]

FOR RON'S NAME, WE WILL MAKE THAT.

ANY OTHER COMMENTS OR CHANGES IN.

>> WHAT NAME IS WRONG, SIR? >> IF NOT, I WOULD ENTERTAIN A

MOTION? >> SECOND.

>> I HAVE A MOTION AND SECOND TO APPROVE.

ALL IN FAVOR, AYE. ANY OPPOSED?

[004 Consider and act upon a request for a Preliminary Plat of Lot 1, Block A of the Gerdau Midlothian Steel Processing Addition, being ±26.077 acres out of the J. Chamblee Survey, Abstract No. 192. The property is located west of South Wyatt Road, between U.S Hwy 67 and Wyatt Road (Case No. PP07-2022-052). ]

CHAMBLEE SURVEY, ABSTRACT NO. 192.

THE PROPERTY IS LOCATED WEST OF SOUTH WYATT ROAD, BETWEEN U.S

HWY 67 AND WYATT ROAD. >> THANK YOU, THIS IS A PROPOSED PRELIMINARY PLAT FOR A PIECE OF PROPERTY ZONED HEAVY INDUSTRIAL DISTRICT. THE REQUEST DOES MEET ALL OF OUR REQUIREMENTS IN 212 OF THE LOCAL GOVERNMENT CODE AND MIDLOTHIAN SUBDIVISION REQUIREMENTS. THIS WOULD BE ALLOWING FOR ONE LOT ON THE PROPERTY. STAFF DOES RECOMMEND APPROVAL.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> QUESTIONS OF STAFF? OPEN FOR DISCUSSION?

IF NONE, I E ENTERTAIN A MOTION. >> I MAKE A MOTION TO APPROVE.

>> SECOND. >> I HAVE A MOTION AND SECOND TO APPROVE. ANY FURTHER DISCUSSION? IF NOT, ALL IN FAVOR AYE. ANY OPPOSED? IT IS UNANIMOUS. ITEM 005,

[005 Consider and act upon a request for a Preliminary Plat of the Midlothian South, being ±351.415 acres out of the J. Chamblee Survey, Abstract No. 192, William Rawls Survey, Abstract No. 192, Larkin Newton Survey, Abstract No. 792, and S.D. Sutton, Abstract No. 1015. The property is generally located west of the U.S Hwy 67 and U.S Hwy 287 interchange, between Old Fort Worth Road and U.S Highway 67 (Case No. PP08-2022-054). ]

SUTTON, ABSTRACT NO. 1015. THE PROPERTY IS THE PROPERTY IS GENERALLY LOCATED WEST OF THE U.S HWY 67 AND U.S HWY 287 INTERCHANGE, BETWEEN OLD FORT WORTH ROAD AND

U.S HIGHWAY 67. (CASE NO. >> IN SECTION 212, THE PROPOSED REQUEST IS FOR PRELIMINARY PLAT OF MIDLOTHIAN SOUTH EDITION

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THIS TIME. >> QUESTIONS OF STAFF?

IF NOT, OPEN FOR DISCUSSION. >> DO YOU HAVE ANY TYPE OF A

GOOGLE OVERLAY OF THIS? >> THIS IS A HILLWOOD SOUTH LOCATED BETWEEN OLD FORT WORTH ROAD AND HIGHWAY 67, ZONING CHANGE GOING FROM SINGLE FAMILY AGRICULTURAL TO A PD WITH HEAVY

INDUSTRIAL USES. >> SO IS ANY OF THIS BY RIGHT?

>> WHAT THEY ARE REQUESTING -- THIS IS A PLAT.

IT MEETS -- >> WE ARE JUST APPROVING THE

PLAT. >> IT DOES MEET ALL THE

REQUIREMENTS OF THE APPROVED PD. >> NO PROBLEM.

>> I DO APOLOGIZE. >> ANY OTHER DISCUSSION OR QUESTIONS? IF NOT, I ENTERTAIN A MOTION.

>> MAKE A MOTION TO APPROVE. >> WE HAVE A MOTION, IS THERE A SECOND? MOTION AND SECOND.

ANY FURTHER DISCUSSION? QUESTIONS? IN FAVOR, AYE. ANY OPPOSED.

[006 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (Sup) for a drive-through establishment on 0.929± acres in the W.M. Hawkins Survey, Abstract No. 465, presently zoned Planned Development District No. 2 (Pd-2) District with a base zoning of Commercial (C). The property is located at 761 E. Main Street (directly to the east of O’Reilly’s Automotive) (Case No. SUP06-2022-051). ]

THE PROPERTY IS LOCATED AT 761 EAST MAIN STREET, DIRECTLY TO THE EAST OF O'REILLY'S AUTOMOTIVE.

>> THANK, THE PROPOSAL IN FRONT OF YOU IS FOR SPECIFIC USE PERMIT FOR A DRIVE-THROUGH ESTABLISHMENT.

WHAT THIS IS, THIS IS A COFFEE SHOP.

COFFEE SHOP LESS THAN ONE THOUSAND SQUARE FEET IN SIZE.

THE USE ITSELF OF A RESTAURANT DOES NOT REQUIRE A SPECIFIC USE PERMIT. THIS IS SPECIFICALLY ONLY FOR THE DRIVE-THROUGH PORTION OF THE RESTAURANT.

WHAT THEY ARE REQUESTING IS THE DRIVE-THROUGH ESTABLISHMENT THAT DOES NOT ALLOW FOR ANY WALK-UP TRAFFIC AT ALL.

HOW THIS HAS BEEN DESIGNED, NO WALK-UP WINDOW.

THERE'S NO WAY FOR ANY SORT OF PEDESTRIAN OUTSIDE OF AN AUTOMOBILE TO GO ACCESS THIS AND BE ABLE TO ORDER AT THIS LOCATION. YOU WOULD HAVE TO BE IN A VEHICLE. WORKING WITH THE APPLICANT, THERE'S VARIOUS THINGS WE TRY TO DO.

THIS IS LOCATED EAST OF O'RILEY AUTOMOTIVE ON MAIN STREET.

YOU SEE WITH O'REILLY'S, IT STUBS OUT TO THEIR PROPERTY.

THE CONSULTANT LOOKING THROUGH RECORDS, DEEDS, SEARCH TITLES, NO RECORD OF CROSS ACCESS EA EASEMENT BEING THERE.

THAT WAS ONE OF OUR CONCERNS. IT IS OUT OF THEIR REACH OF BEING ABLE TO GET CROSS ACCESS EASEMENT.

SO WHAT WE DID, WHEN THEY WERE WORKING ON THIS INGR INGRESS, ES POINT, WE HAD THEM LINE IT UP WITH OTHER SIDE OF MAIN STREET.

IT WAS A PRACTICE THAT WE DO TODAY.

THE PARKING THAT IS REQUIRED IS OVER THE PARKING REQUIREMENT THAT IS REQUIRED FOR A RESTAURANT.

WE DO FEEL THE PARKING IS OKAY. THE WAY IT IS DESIGNED, ESPECIALLY DUE TO IT BEING A RESTAURANT UNDER A THOUSAND SQUARE FEET, THERE IS NOT ANY WALK-UP TRAFFIC.

THE ONLY PARKING SPACES IS FOR STAFF ONLY, EMPLOYEES ONLY.

THERE WILL BE NO CUSTOMER PARKING WHATSOEVER.

WITH THAT IN MIND, SOME OF THE THINGS WE DID LOOK AT IN THE DESIGN OF THIS WAS THE DRIVE-THROUGH.

DRIVE-THROUGHS HAVE BEEN A TOPIC OF CONVERSATION AS OF LATE AND WHAT MAKES A GOOD DRIVE-THROUGH. SOME THINGS INCORPORATED, THAT WERE APPROVED, AS YOU MENTIONED EARLIER, PREVIOUS DRIVE-THROUGH CASES, TWO QUEUES OF LINES. THEY DO MEET OUR REQUIREMENT FOR QUEUING. THEY DID ALSO EXTEND THE QUEUE FROM THE ORDER WINDOW TO THE ACTUAL PICKUP WINDOW.

AT THIS POINT, THEY GO THAT ONE POINT OF ACCESS, TWO LANES.

WHAT THEY ADDED ADDITIONALLY WAS AN EXIT LANE AND FIRE LANES.

CARS THAT EXIT, INSTEAD OF WAITING BEING BLOCKED, THERE IS A LANE FOR THEM TO GO UP AND AROUND EXISTING TWO LANES OF DRIVE-THROUGH, TO BE ABLE TO EXIT THE PROPERTY.

WE DO FEEL THAT PROMOTES BETTER CONNECTIVITY, BETTER FLOW AND WON'T CAUSE CONGESTION OR ISSUES WE SEE IN OTHER DEVELOPMENTS,

[00:20:03]

ONCE YOU ARE IN THE DRIVE-THROUGH, YOU ARE STUCK THERE. WE WANTED FLEXIBILITY TO ALLOW MORE VERSATILITY IN THE SITE. AND IN ACCORDANCE WITH THE ZONING ORDINANCE AND COMPREHENSIVE PLAN WAS TO PROVIDE A CROSS ACCESS EASEMENT TO THE PROPERTY, THE UNDEVELOPED PROPERTY TO THE EAST TO HELP MINIMIZE THE TOTAL NUMBER OF DRIVES IN THE FUTURE ALONG MAIN STREET.

AS WE HAVE BEEN TRYING TO DO FOR MANY YEARS NOW.

HERE'S THE PROPOSED AESTHETICS, ELEVATIONS FOR THE STRUCTURE.

ALTHOUGH THEY ARE NOT REQUIRED TO HAVE IT DONE IN MASONRY, IN ACCORDANCE WITH THE HOUSE BILL 225, THEY ARE CONSTRUCTING THIS IN VARIOUS MASONRY PRODUCTS. ALSO WHAT THEY ARE DOING, METAL CANOPIES, VERY SIMILAR ARCHITECTURAL STYLES THAT YOU SEE IN SIMILAR DEVELOPMENTS AROUND THIS PART OF TOWN.

THEY ARE USING -- UTILIZING BOTH HORIZONTAL ARTICULATION, VERTICAL ARTICULATION, BREAKING UP THE ROOF HEIGHT WHICH IS VERY DIFFICULT TO DO WITH A BUILDING THAT'S LESS THAN ONE THOUSAND SQUARE FEET IN SIZE. ONE THING THAT YOU WILL SEE ON THE ELEVATIONS WHEN WE HAVE CORRECTED IN THE TEXT, TO MAKE A CHANGE, CORRECTION HERE UP ON THE PODIUM IN THE STAFF REPORT, IT DOES SAY WE RECOMMEND MEET ALL SIGNAGE REQUIREMENTS.

THEY ARE GOING TO BE MEETING ALL SIGN REQUIREMENTS.

ONE SIGN ON THE BUILDING, YOU WILL SEE LATER ON IN YOUR PACKET, YOU WILL SEE OTHER SIGNS SUCH AS A MONUMENT SIGN, DIRECTIONAL SIGNS. MONUMENT SIGN IN THE PACKET DOES NOT MEET THE REQUIREMENTS. WHAT IT IS IN THERE FOR, THERE IS A NOTE IN THE PACKET THAT YOU WILL DICTATE, THE TYPE OF LOGO THAT THEY ARE GOING TO HAVE. THEY WILL HAVE THE MONUMENT SIGN FULLY ENGAL ENGULFED IN MASONRY. ALL SIGNAGE WILL MEET SIGNAGE REQUIREMENTS. THE CANOPY, THERE WON'T BE BRANDING. EARTH TONE COLOR, NARNS WITH , IN ACCORDANCEWITH THE REGULAT. WITH OUR LANDSCAPING, WE HAVE THEM ADD ADDITIONAL LANDSCAPING THROUGHOUT THE SITE TO SOFTEN THE SITE OVERALL. RIGHT NOW, IT IS UNDEVELOPED.

THERE'S A LOT OF TREES OVER THERE.

WE ARE TRYING TO PROMOTE, LET'S TRY SOFTEN UP AS MUCH AS POSSIBLE, ESPECIALLY ALONG MAIN STREET.

SO THAT'S WHAT THEY DID. THEY ADDED A LOT MORE VEGE VEGETATION. HERE'S THE ISLAND BETWEEN THE ORDER AREA AND THE BUILDING ITSELF.

THE ATTENTION REQUIRED, STREET TREES, INCLUDING SIDEWALK ALONG HERE. THIS DOES MEET ALL THE PROVISIONS WITHIN OUR ORDINANCE AND REGULATIONS.

STAFF DOES RECOMMEND APPROVAL OF THE PROPOSED REQUEST.

SIGN DOES REQUIRE PUBLIC HEARING.

STAFF NOTICED ALL PROPERTY OWNERS ONE 200 FEET.

SO CAZERO CAME BACK IN FAVOR. ZERO IN OPPOSITION.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> QUESTIONS OF STAFF? I TAKE THAT AS A NO.

OKAY, IF THERE ARE NO QUESTIONS OF STAFF, ENTERTAIN A MOTION TO

CLOSE PUBLIC HEARINGS. >> SO MOVED.

>> HAVE A MOTION AND SECOND, ALL IN FAVOR AYE.

FLOOR IS NOW OPEN FOR DISCUSSION.

>> THE QUESTION I WOULD HAVE, DID I UNDERSTAND YOU CORRECTLY TO SAY THAT WE DO NOT HAVE CONNECTIVITY ACCESS WITH

O'REILLY? >> WHEN O'REILLY CREATED THEIR PROPERTY, THEY HAD IT STUBBED OUT, THERE'S NO LEGAL DO YOU MEAN IN PLACE GIVING IT THIS CROSS ACCESS.

>> SO THIS WOULD BE MY QUESTION, IT WOULD BE MY OPINION THAT WOULD BE RIDICULOUS WE WOULDN'T GET THAT.

IT IS STUBBED, CURRENTLY NOT USED FOR ANYTHING.

IS THERE NOT A WAY THAT THE CITY CAN -- I WILL USE THE WORD ENCOURAGE, TO SEE THAT THAT DOES HAPPEN? THAT WOULD BE MY RECOMMENDATION GOING FORWARD.

I MEAN, WE HAD THE ABILITY TO ENCOURAGE ROAD ACCESS, EVERYTHING YOU CAN IMAGINE, TO CREATE THAT ADDITIONAL ACTIVITY OF ANOTHER ACCESS POINT, GOING OUT TO MAIN STREET WHEN THERE IS AN ACCESS POINT JUST LITERALLY 200 FEET DOWN WOULD BE

RIDICULOUS. >> [INAUDIBLE].

[00:25:17]

>> POSSIBLY, I HAVE TO GO BACK AND LOOK.

>> [INAUDIBLE] AT THIS POINT TO ENCOURAGE REQUIREMENT.

>> I MEAN, I GUESS THE WORD ENCOURAGE COULD MOVE IN TO SEE THAT IT HAPPENS. WE DO THIS WITH ROAD INTERSECTIONS, PROPERTY ACCESS AND GETTING WHAT WE NEED.

>> FORTUFORUNFORTUNATELY, WITHOT EXISTING EASEMENT, THERE IS NO EASEMENT ON THIS PLAT, BUILDING PERMIT ISSUED, THERE'S, AT THIS POINT, NO MEANS BY WHICH THE CITY CAN TELL ADJACENT OWNER TO

GRANT THAT. >> VERY WELL.

THANK YOU. >> OTHER DISCUSSION OR QUES QUESTIONS? IF NOT, I ENTERTAIN A MOTION.

>> MAKE A MOTION TO APPROVE AS PRESENTED BY STAFF.

>> I HAVE A MOTION, IS THERE A SECOND?

>> DID WE NEED TO ADD -- -- ONE QUICK QUESTION TO STAFF.

IS THERE ANYTHING TO CLARIFY THE SIGNAGE, OR YOU ARE SATISFIED

AND APPROVE OF THE PACKAGE. >> IT DOES SAY IT DOES MEET OUR SIGN REGULATIONS. WE ARE OKAY WITH HOW IT IS

WRITTEN. >> OKAY, WE HAVE A MOTION.

IS THERE A SECOND. >> SECOND.

>> MOTION AND SECOND, ANY FURTHER DISCUSSION? IF NOT, ALL IN FAVOR, AYE. ANY OPPOSED.

[007 Conduct a public hearing and consider and act upon an ordinance relating to the development and use regulations of 167.3± acres in the A. Reeves Survey, Abstract No. 939 and the H. Woodward Survey, Abstract No. 1131, described in Exhibit “A” hereto from Agricultural (A) District to Planned Development District No. 151 (PD-151) for commercial and heavy industrial uses. The property is generally located on the southeast corner of Quarry Road and Gifco Road intersection, and directly west of the Fort Worth and N.O. Railroad line (Case No. Z03-2022-011). ]

1131, DESCRIBED IN EXHIBIT A HERETO FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 151 FOR COMMERCIAL AND HEAVY INDUSTRIAL USES. THE PROPERTY IS GENERALLY LOCATED ON THE SOUTHEAST CORNER OF QUARRY ROAD AND GIFCO ROAD INTERSECTION AND DIRECTLY WEST OF THE FORT WORTH AND N.O.

RAILROAD LINE. >> THANK YOU.

THIS IS LOCATED MIDLOTHIAN NORTH, PROJECT ALSO KNOWN AS HILLWOOD NORTH. WHAT THEY ARE PROPOSING, VERY SIMILAR TO WHAT WAS DONE ON OLD FORT WORTH ROAD AND HIGHWAY 67, CHANGING THE ZONING ON THIS PROPERTY FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 151 TO OFFER COMMERCIAL AND HEAVY INDUSTRIAL USES.

WHAT THEY ARE REQUESTING TO DO IS CURRENTLY ON THE SITE, VARIOUS CHANGES THEY ARE REQUESTING IN COMPARISON TO THE OTHER STRUCTURE AND I WILL LET THE APPLICANT SPEAK ON THOSE.

ONE OF THOSE, IT WOULD REQUEST ADDITIONAL HEIGHT FOR THIS STRUCTURE WITHIN THIS PROPERTY. THEY ARE REQUESTING FOR SOME ADDITIONAL USES SUCH AS A DATA CENTER, COLD STORAGE WHICH IS ALSO DRAFTED IN THE ORDINANCE. WE HAVE DEFINITIONS FOR EACH.

ANOTHER -- COUPLE OF OTHER ITEMS, POINT OF CLARIFICATION, IN THE STAFF REPORT, THEY TALK ABOUT THE ORIENTATION OF THE LOADING AREAS VERSUS GARAGE BAY AND LOADING DOCK DOORS SHALL BE -- SUPPOSED TO BE SHALL BE ORIENTED TO BE VISIBLE FROM GIFCO ROAD. AND THEN SECTION 2N4, TO READ THAT THEY MAY BE ABLE TO USE CONCRETE.

THIS PROPERTY IS LOCATED WITHIN EL4, MEETING EL4 STANDARDS DO ALLOW FOR ASPHALT. THEY WOULD LIKE THE FLEXIBILITY TO USE CONCRETE OR AS FALL, ASPH STAFF RECORDS.

THE NEXT ITEMS, NO -- FOR DOCK ELEVATIONS.

STAFF DOES HAVE CONCERN ABOUT THAT.

WE LIKE COUNTY EQUIPMENT TO BE SCREENED FROM PUBLIC VIEW.

WE ARE RECOMMENDING AGAINST THAT.

OVERALL STAFF DOES HAVE VARIOUS CONCERNS WITH THE PROJECT.

IN ITEM BROUGHT TO ALL OF YOU BEFORE WORKSHOP TO DISCUSSION.

SOFSOME OF THE SP STAFF CONCERNE FEEL THAT THE ZONING IS CHANGED,

[00:30:07]

ONE OF THE CONCERNS, FOR SOME REASON POINTS OF ACCESS ARE BLOCKED, HOW DO EMERGENCY VEHICLES GET AROUND THERE AS VEHICLES ARE EXITING. VARIOUS CONCERNS ABOUT THE INGRESS/EGRESS POINTS FOR THIS DEVELOPMENT.

I WILL SAY THEY ARE MAKING IMPROVEMENTS ALONG GIFCO ROAD AND QUARRY ROAD NARN IN ACCORDAE WITH THE THOROUGHFARE PLANS.

HOWEVER, IT STOPS AT THEIR PROPERTY LINE.

STAFF ALSO DOES HAVE CONCERNS ABOUT SOME -- WHAT WE EVEN STATED IN THE PREVIOUS CASES WITH INDUSTRIAL BUILDINGS, WE DE ZONED, THE STRUCTURES ARE BUILT, THE STRUCTURES ARE THERE FOR A VERY LONG TIME. IN THE AREA, MAJOR PORTION OF IT IS QUARRY MODULE. HOWEVER, TO THE SOUTH AND WEST OF THE PROPERTY, YOU HAVE WINDSOR HILLS DEVELOPMENT THAT'S LOCATED RIGHT THERE. WINDSOR HILLS GOES TO GRAND PRAIRIE. LARGE SINGLE FAMILY RESIDENTIAL DEVELOPMENT. WE HAVE CONCERNS ABOUT OTHER TYPE OF BUFFERING WE HAVE BETWEEN THESE TWO TYPES OF USES.

IF YOU ALL RECALL WHEN WINDSOR HILLS CAME THROUGH, VARIOUS REQUIREMENTS THAT THEY ARE REQUIRED TO HAVE A STATEMENT IN THAT PD OF SHOWING WHERE THEY ARE LOCATED, HOW CLOSE TO A QUARRY, ET CETERA. THIS IS AN AREA WHERE GIFCO ROAD, WE EXPECT A LOT OF TRAFFIC FROM HIGHWAY 67.

EVENTUALLY GOES ALL THE WAY DOWN TO 287 WILL BE PASSING THIS BY, ESPECIALLY WINDSOR HILLS. SOME OF THE CONCERNS ARE THE AESTHETICS OF THE STRUCTURE. HUGE INDUSTRIAL BUILDINGS ALONG THESE CORRIDORS, WE ALWAYS PROMOTE ARTICULATION, MEETING OUR ARCH ARCHITECTURAL REQUIREM. WE ENCOURAGE ITEMS TO BE SCREENED FROM PUBLIC RIGHT-OF-WAY.

STAFF HAS CONCERNS ABOUT THE ABSENCE OF SUCH IMPROVEMENTS AS STATED EARLIER. STAFF DOES RECOMMEND DENIAL OF THE PROPOSED REQUEST DUE TO VARIOUS CONCERNS AS PREVIOUSLY MENTIONED, PROPOSED USES, AND OVERALL DESIGN STANDARDS AS AFOREMENTIONED. IN MY PRESENTATION. I WILL LEAVE STAFF'S COMMENTS THERE AND ALLOW FOR THE APPLICANT TO GET UP AND MAKE THEIR PRESENTATION. WE DID MAIL NOTICES OF ALL PROPERTY OWNERS 200 FEET. ZERO CAME BACK IN FAVOR AND ZERO IN OPPOSITION. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> QUESTIONS OF STAFF?

>> THANK YOU. >> THE APPLICANT IS HERE, AND DO YOU WISH TO PRESENT? STATE YOUR NAME AND ADDRESS,

SIR. >> GOOD EVENING COMMISSIONERS, CHAIRMAN, MATT WALKER, DALLAS, TEXAS.

I WANT TO THANK YOU FOR TAKING THE TIME TO MEET WITH US A COUPLE WEEKS AGO. WE FELT THAT WAS VERY PROD PRODUCTIVE. SO THIS SLIDE DECK IS A LITTLE DIFFERENT THAT YOU SAW. I DIDN'T WANT TO REPEAT THE SAME INFORMATION. OF COURSE, THE MAYOR, YOU GUYS REMEMBER, WE WENT AROUND THE ROOM AND EVERYONE SEEMED TO LIKE WHAT WE PUT TOGETHER IN TERMS OF OUR PRESENTATION COUPLES WEEKS AGO AT THE WORKSHOP. SEVERAL FOLKS, THOUGH, DID SAY THAT TRAFFIC WOULD BE A CONCERN. AFTER DISCUSSING INTERNALLY WHAT TYPES OF SOLUTIONS WE COULD PROVIDE IN TRAFFIC, WE MET WITH OUR CIVIL ENGINEER AND WE CAME TO A CONCLUDE THAT THE BEST WAY TO MAW MAKE YOU GUYS FEEL EXIVES COMFORTABLE IS TO EXPAND TO MANUFACTURING-BASED TIA. A COUPLE THINGS WILL HELP IN TERMS OF CONCEPTUALIZING WHAT THAT INCREASE SCOPE MEANS, IT TAKES INTO ACCOUNT THREE AND A HALF TIMES MORE TRIPS THAN THE WAREHOUSING USE DOES DURING PEAK HOURS.

THE TRIP COUNTS IN MANUFACTURING, NOT MANUFACTURING

[00:35:03]

IT COMES FULL CIRCLE THERE. THOSE ADDITIONAL TRIPS NOW BEING CONSIDERED IN THIS TIA FOR OUR PROJECT CALL FOR AN ADDITIONAL RIGHT-HAND TURN LANE FROM GIFCO ROAD, THAT IS SOMETHING THAT

HILLWOOD WILL BARE THE COST OF. >> I'M SORRY, WOULD YOU REPEAT

THAT? >> YEP.

>> THE ADDITIONAL TRIPS NOW BEING CONSIDERED IN OUR TIA, WHEN WE INCREASE THOSE TRIPS BY IN SOME CASES THREE AND A HALF TIMES OVER WHAT WE HAD PREVIOUSLY, IT DOES WARRANT A RIGHT-HAND TURN LANE FROM GIFCO ROAD TO SOUTHBOUND 67 FRONTAGE.

SO THAT'S SOMETHING THAT HILLWOOD WOULD BEAR THE COST OF.

IIT WILL HELP CIRCULATION. WE ARE HOPING THIS MANUFACTURING TIA CHANGE MAKES COMMISSIONERS FEEL COMFORTABLE OR MORE COMFORTABLE REGARDING TRAFFIC. NOW SHIFTING GEARS BEFORE WE GET INTO THE ORDINANCE, I WANTED TO QUICKLY ADDRESS THE STAFF REPORT WITH THE UNDERSTANDING THAT STAFF ONLY HAD A FEW DAYS TO REVIEW THE MANUFACTURING TIA. WE UNDERSTAND THAT STAFF REPORT DOESN'T OBVIOUSLY ADDRESS THOSE NEW TRIP GENERATION COUNTS AND THE DIFFERENT SOLUTIONS THAT STAFF HAS FOR US.

BUT A LOT OF THAT STAFF REPORT, FOR YOUR DECISION TONIGHT, IT FEELS A LITTLE BIT OUT DATED BECAUSE OF WHAT NOW WE ARE PROPOSING IN FRONT OF YOU GUYS TODAY.

WE HAVE TALKED TO STAFF, IT IS NOT IN THE STAFF REPORT, I WANTED TO ADDRESS THAT THERE ARE SOME INACCURACIES BECAUSE OF THE TIMELINE WE ARE UNDER. REALLY, LASTLY, BEFORE I TAKE SOME QUESTIONS FROM YOU GUYS, WE HAVE THOUGHT THAT THE ORDINANCE THAT WAS PRESENTED AT THE WORKSHOP WAS THE ORDINANCE THAT WE HAVE IN YOUR PACKET TODAY. THERE WERE A NUMBER OF CHANGES THAT STAFF MADE TO THE ORDINANCE YOU HAVE IN FRONT OF YOU.

WE WERE AGREEABLE TO A NUMBER OF THOSE CHANGES BUT THERE ARE SOME ITEMS IN THAT ORDINANCE YOU GUYS HAVE THAT WE CANNOT AGREE TO AS THIS PROJECT MOVES FORWARD. THOSE ARE THE ITEMS THAT TRENTON BRIEFLY ADDRESSED AT THE END, IN THE SECTION OF YOUR STAFF REPORT IN REFERENCE TO OUR PROJECT. IN REGARDS TO THE ROOF MOUNTED MECHANICAL EQUIPMENT, WE WOULD LIKE TO ADD BACK THE LANGUAGE THAT STATES NO ROOF PARAPET SHOULD BE RECORDED AT TRUCK COURTS AND DOCK ELEVATIONS. THAT'S LANGUAGE THAT WE HAVE IN THE MIDLOTHIAN HILLWOOD SOUTH ORDINANCE.

I WOULD SEE NO REASON WHY THAT WOULD BE AN ISSUE UP NEXT TO ASH GROVE, IF IT IS ACCEPTABLE DOWN HERE.

I THINK IT SHOULD BE ACCEPTABLE UP THERE, AND IT IS IMPORTANT TO US. REGARDING HEIGHT, I KNOW SOME PEOPLE WANTED SOME CLARIFICATION ON HEIGHT.

WE ARE PROPOSING INITIALLY WE TALKED AT THE WORKSHOP THAT EVERYTHING, ALL BUILDINGS, ALL STRUCTURES BE 110 FEET MAX HEIGHT. WE HAVE COME OFF OF THAT FOR ALL USES WITH THE EXCEPTION OF DATA CENTER AND COLD STORAGE.

FOR ALL THOSE OTHER USES, WE WOULD LIKE TO BE AT 85 FEET.

THAT'S WHAT WE ARE AGREEABLE TO. AND FOR COLD STORAGE, COLD STORAGE, DATA CENTER AND OTHER USES, WE ARE SUBJECT TO STAFF'S RECOMMENDED PROXIMITY SLOPE FOR ALL USES WHICH IS DEFINITELY A CHANGE FROM THE WORKSHOP. OUR CONCERN WITH IT LOWER HEIGHT IS THAT WE CANNOT HAVE AN OUT DATED SPEC.

YOU UNDERSTAND THAT BUILDINGS ARE GOING TALLER NOW AND WE CAN'T HAVE AN OUT DATED SPEC IN THIS ORDINANCE.

AND JUST FOR REFERENCE, CEDAR HILL DEAL, A MANUFACTURING DEAL AND HOW THIS ORDINANCE IS WRITTEN, 15-FOOT SILO, SO BASED ON HOW STAFF INTERPRETS THE HEIGHT FOR THIS BUILDING, WE

[00:40:03]

ALL THE WAY UP AND DOWN THE ROAD, IN SOME CASES SIX-FOOT HIGH MASONRY WALLS, THIS GIFCO ROAD, AS YOU CAN SEE IN THIS UPDATED SITE PLAN HERE, I SHOULD PROBABLY ADDRESS THIS.

WE ARE PLANNING FOR A BRIDGE TO START RIGHT ABOUT THE HANSON APPROACH HERE, ELEVATES AND COMES DOWN INTO THE MIDDLE OF OUR SITE AND THEN GIFCO ROAD, REALIGNING HERE TO MATCH THE PLAN, WOO ARE QOO O ARE ARE Q WS UNREASONABLE FOR THE GIFCO ROA.

WE BELIEVE THE LANGUAGE FROM THE WORKSHOP IS THE LANGUAGE TO ROLL WITH, ESPECIALLY WITH THE MANUFACTURING TIA WE ARE PROPOSING. COUPLE MORE THINGS.

TRENTON ADDRESSED THE PAVEMENT AREAS, THE STREET MAY BE CONCRETE HERE. I DON'T THINK THAT'S AN ISSUE.

AND THEN WE HAVE TALKED BRIEFLY ABOUT CONCEPT SITE PLAN AND PDE.

I WOULD LIKE TO HEAR YOUR THOUGHTS ON IF WE WERE TO DROP A SITE PLAN OF THIS MAGNITUDE, AND JUST STICK WITH A MAX SQUARE FOOTAGE THAT EQUATES TO WHAT THESE BUILDINGS SHOW HERE, WHY I'M THINKING ABOUT THAT IS JUST BECAUSE BUILDINGS ARE ALREADY CHANGING. SITE PLAN IS EVOLVING.

THERE IS POTENTIAL FOR [INAUDIBLE] BUILDINGS HERE.

WE THINK FOR FLEXIBILITY AND FOR US TO BE ABLE TO WIN DEALS, A SITE PLAN MAKES US -- WE JUST DON'T HAVE THE FLEXIBILITY TO WIN ALL THE DEALS, TENANTS ARE ASKING FOR A NUMBER OF DIFFERENT THINGS. IF WE ARE STUCK TO A SITE PLAN, IT COULD MEAN THAT SOME TENANTS CHOOSE NOT TO COME HERE.

THAT'S ALL I HAVE FOR NOW. APPRECIATE YOUR TIME, GUYS.

LOOKING FORWARD TO HEARING YOUR QUESTIONS.

>> QUESTIONS OF THE APPLICANT? .

>> SO I SEE YOUR POINT, ON THE NORTH SIDE OF THE BUILDING HERE, ON THE LEFT, DO YOU HAVE BAYS ON THAT SIDE, TOO.

>> JUST A KING OF GIFCO. >> DO YOU HAVE BAYS ON THAT END?

>> I DO NOT. BAYS WILL BE HERE, HERE, OBVIOUSLY THAT LANGUAGE WILL BE APPLICABLE TO QUARRY, BEEFED UP SCREENING ON QUARRY. I WAS ALSO LOOKING AT ANOTHER REQUEST FROM THE WORKSHOP, FROM A NUMBER OF YOU GUYS WAS WERE RENDERINGS SHOWING THAT 110-FOOT HEIGHT FROM VARIOUS LOCATIONS AROUND TOWN. WE THINK THIS IS VERY IMPORTANT FOR YOU GUYS TO SEE. REALLY, I WOULD LOOK AT OUR BUILDING HIGHLIGHTED IN GREEN. THE COMPARISON OF 350 FEET TALL, HIGHLIGHTED IN GREEN, 287 LAKESIDE, GOING DOWN GIFCO ROAD.

MAMAIN STREET, 67, TOWARD THE SITE.

FOR THE MOST PART, IT IS -- I GUESS YOU COULD SAY IT IS VISIBLE. BUT WHAT'S REALLY VISIBLE IS THE CEMENT PLANT. THIS IS THE RAILROAD SOUTH OF OUR PROJECT, I'M SURE THAT'S NEARBY THAT SOUTHERN NEIGHBORHOOD. THOSE ARE SOME OTHER PHOTOS TO GET YOUR BEARINGS THAT I SHOWED AT THE WORKSHOP.

[00:45:02]

ANYTHING ELSE, GUYS? >> [INAUDIBLE] IS THE NORTH OF GIFCO ROAD, THE EAST OF GOOD EVENING, IS THAT ASH GROVE

PROPERTY? >> THAT IS NOT.

THIS IS A RANCHER. I DON'T BELIEVE THIS IS ASH GROVE, WE ARE A GOOD BUFFER TO WHAT ELSE -- WHATEVER IS HAPPENING DOWN HERE THAT YOU GUYS HAVE PLANS FOR.

>> OKAY. >> WHAT'S THE HEIGHT OF YOUR

EXISTING FACILITY SOUTH OF HERE. >> WE HAVE 55-FOOT HEIGHT REQUIREMENT THERE. LIKE WE TALKED ABOUT AT THE WORKSHOP, WE BELIEVE THIS IS GOING TO DIFFERENTIATE US.

WE WILL WIN DEALS AT NORTH WE CAN'T HAVE AT SOUTH PROJECT.

SO WE JUST NEED THAT FLEXIBILITY.

WE CAN'T HAVE BOTH PROJECTS COMPETING AGAINST EACH OTHER.

>> OTHER QUESTIONS OF THE APPLICANT?

>> DID YOU MENTION THAT YOU DID NOT -- I WANT TO GO BACK TO, YOU CHANGED YOUR USAGE OR LOOKING AT CHANGING YOUR USAGE IN THIS PACKET TO THE MANUFACTURING BASED USAGE?

>> FOR THE TIA. >> AND THAT -- DID YOU ADDRESS

TRIPLES TRIPS. >> IN PEAK HOURS, THREE AND A HALF TIMES -- INCREASES THREE AND A HALF TIMES.

>> IS THE THREE AND A HALF TIMES, I THINK I SAW HERE SOMEWHERE, IS THAT -- IS THIS 4118 AND THE -- LET'S SEE, THAT'S A DAY. 402 TRIPS IN A PEAK HOUR, RATE OF 450, THAT WAS MANUFACTURING BASED?

>> THOSE ARE THE WAREHOUSES. >> SO THAT'S GOING TO TRIPLE.

>> WHY WE DID THAT IS TO MAKE YOU GUYS FEEL MORE COMFORTABLE THAT OUR TIA ONLY WARRANTS THAT RIGHT-HAND TURN LANE WHEN WE INCREASE THOSE TRIPS. SO THERE WERE CONCERNS THAT WE WERE BEING LIGHT ON THE WAREHOUSING USE FOR THE TIA.

NOW WE HAVE COME BACK AND SAID, WE ARE COMMITTING TO A MANUFACTURING USE AND WHAT IS WARRANTED FROM THAT MANUFACTURING USE TIA, AND FOR THE MOST PART, THERE AREN'T CHANGE IN TERMS OF OFFSET IMPROVEMENTS.

THERE'S SOMETHING, I LOST MY TRAIN OF THOUGHT.

FOR THE MOST PART, WE ARE THE ONLY OFFSET I IMPROVEMENT IS TE

RIGHT-HAND TURN LANE. >> WHAT DID YOU THINK WITH THE MANUFACTURING BASED THAT YOUR PEAK DAY TRIPS WILL BE?

>> THAT -- THAT NUMBER, 4,000 TRIP NUMBER.

THAT'S THE WAREHOUSING. IT WILL JUMP TO 10,000 AND WE

ARE STILL IN GOOD SHAPE. >> DO I WANT TO APOLOGIZE, I WAS UNABLE TO BE AT THE WORKSHOP. I APOLOGIZE.

>> NO WORRIES. >> DO YOU HAVE AN IDEA WHAT THE CURRENT TRIPS? I'M VERY FAMILIAR WITH THE REGION, THE ROAD ACCESS, MANY SPENT A DECENT AMOUNT OF TIME ON IT. WHAT ARE THE TRIP USAGE TODAY?

>> I CANNOT TELL YOU THE NUMBER. >> THAT'S FINE.

ALL RIGHT. >> ANY OTHER QUESTIONS OR COMMENTS? THANK YOU, SIR.

>> THANK YOU, GUYS. >> I DO NOT SHOW TO HAVE ANYBODY ELSE TO SPEAK DURING THE PUBLIC HEARING, IS THAT CORRECT? OKAY, WITH THAT, I ENTERTAIN A MOTION TO CLOSE THE PUBLIC

HEARING. >> MAKE A MOTION TO CLOSE.

>> SECOND. >> MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR, AYE.

FLOOR IS NOW OPEN FOR DISCUSSION.

>> I HAVE GOT A COUPLE OF QUESTIONS FOR TRENTON.

>> TRENTON. >> SO JUDGING FROM THE LOW CAL F THIS PROPERTY, WHAT IS IT THAT STAFF WOULD ENVATION WOULD BE A USEAGE? BECAUSE I'M SITTING HERE THINKING ABOUT WAREHOUSE. AM I WRONG IN MY CONCEPT THAT THE WAREHOUSING WOULD BE A RATHER LOW IMPACT, MORE STORAGE-BASED TRUCKS COMING AND GOING TO DOCKS AND GETTING LOADED. VERSUS MANUFACTURING WITH NOISE, THREE TIMES -- SO WHAT IS IT THAT THEY ARE SUPPOSED TO PUT BETWEEN A CEMENT PLANT AND A FEW HOUSES THAT BACK UP TO IT.

>> I DON'T THINK WE ARE OPPOSED TO THE USES PER SE.

I THINK WHAT WE ARE CONCERNED ABOUT IS THE TRAFFIC THOSE USES WOULD CAUSE TO OUR ROADS THAT WE DON'T FEEL SUFFICIENT TO PROVIDE ADEQUATE SERVICE TO THE SURROUNDING PROPERTY OWNERS FOR

[00:50:01]

WE DO HAVE CONCERNS ABOUT THE TRAFFIC IT WOULD CAUSE, ESPECIALLY WITH THESE ROADS. WE TALKED IN THAT WORKSHOP, WIH COUNCIL, P&Z, YOU CAN'T NECESSARILY REQUIRE THEM TO DO.

YOU CAN'T REQUIRE THEM TO DO. WE WANT TO MAKE SURE THAT IS CLEAR, WE ARE NOT ASKING THEM TO DO THAT.

ONCE THE ZONING IS APPROVED, USES ARE APPROVED, WHAT DO WE DO TO MITIGATE TRAFFIC. THEY ARE MAKING THE IMPROVEMENTS THAT THEY ARE REQUIRED TO PER THOROUGHFARE PLAN.

SUBDIVISION IMPROVEMENTS. ALONG QUARRY AND GIFCO ROAD.

>> ONE QUESTION I WOULD HAVE, I DON'T EVEN KNOW IF THIS IS POSSIBLE, IS THERE A WAY -- IS IT POSSIBLE THAT AFTER THIS IS APPROVED THAT WE COULD GET INTO SOME TAX ABATEMENT CONSIDERATIONS ON INCOMING BUSINESSES ON THIS PROPERTY?

>> I WOULD LEAVE THAT UP TO ECONOMIC DEVELOPMENT, CITY MANAGER'S OFFICE. WITH THIS, I WOULDN'T BE ABLE TO

ANSWER THAT. >> I IMES THI GUESS THIS WOULD Y QUESTION. DO WE HAVE THE ABILITY TO LOOK AT THIS FROM AN ANALYTICAL STANDPOINT FOR THE POTENTIAL TO LIMIT THE CONSIDERATION OF TAX ABATEMENTS WHICH WOULD, IN TURN, CREATE A QUICKER REIMBURSEMENT ON THE TAX APPLICATION STANDPOINT FROM THE INCOMING BUSINESSES? AND THEREFORE, DO WE ALSO KNOW WHAT THE POTENTIAL TAX BASE OF THIS DISTRICT WOULD PROVIDE? I GUESS WHAT I'M GETTING AT IS, I DON'T KNOW, WITHIN THIS WHOLE BOTTOM BASIN, WHICH I DON'T KNOW WHAT A BETTER USAGE FOR THAT IS. THERE'S ALSO A CEMENT PLANT THAT IS NOT GOING ANYWHERE. SO THEY ARE NOT GOING TO BUILD TOWN HOMES DOWN THERE. SO THE ROAD IS ALREADY BEAT UP.

AND I GUESS IN SOME WAY, WE AS THE CITY HAVE TO CONSIDER HOW THAT IS GOING TO DEVELOP AND I WOULD THINK THAT THESE BUSINESSES AND THEIR CONTENTS COULD PROVIDE A FAR BETTER TAX BASE THAN THROWING ANOTHER OVERLOOK ESTATES DOWN THERE.

WHAT ARE WE GOING TO DO WITH IT IF WE DON'T ALLOW THIS?

>> I CAN'T ANSWER FOR THE TAX BASE.

>> DO WE KNOW WHAT POTENTIAL TAX REMEDY THIS PROPERTY -- I SEE

CLYDE COMING. >> PART OF THE ZONING CASE, WE

DON'T DEAL WITH T TAX ISSUES. >> IF WE FIGURE OUT HOW TO PAY FOR THE ROAD, I AM IN AGREEMENT, THE ROAD IS PRETTY ROUGH.

>> THE ANSWER IS NO AND YES TO YOUR QUESTION.

>> TAKE YOUR PICK. >> NO, WE REALLY DECENT KNOW ANY TAX IMPLICATIONS. IT IS GOING TO BE A BIG BUILDING. IT COULD BE A DATA CENTER, WORTH BILLIONS. THEY COULD RAISE FERRETS IN

THERE. >> IF WE SAY NO, WHAT ARE WE

GOING TO SAY YES, TOO? >> THAT'S A GOOD QUESTION.

THAT IS FOR YA'LL TO DECIDE. THAT IS A QUESTION BEFORE YOU.

SO WHAT WAS THERE BEFORE, FUTURE LAND USE PLASH, WE KNOW ASHGROVE IS NOT GOING TO SELL THEIR LAND THAT HAS QUARRY ON IT.

WE ARE ASSURED OF THAT. SO I CAN SEE CHANGING THE FUTURE LAND USE PLAN AND GOING AGAINST THE FUTURE LAND USE PLAN.

BUT THE QUESTION IS, LIKE TRENTON SAID, WE DON'T KNOW WHAT THE TAX IMPLICATIONS ARE OF THIS.

WE DON'T KNOW WHAT THE 4A, OR 4B, OR COUNCIL COULD DO IN THE

FUTURE. >> THE SHORT ANSWER TO THE QUESTION IS WE HAVE NO ABILITY TO PERSUADE MINIMAL TAX ABATEMENTS TO GET THE CASH FLOW OF THE TAX BASE BACK INTO OUR

SYSTEM QUICKER. >> THAT WAS NO.

THAT WAS THE NO. >> WE WILL GO AWAY FROM THAT THEN. SO THEN THE NEXT QUESTION WOULD BE, OBVIOUSLY I WOULD THINK THAT THE PERFECT BUFFER BETWEEN 300-FOOT TALL STRUCTURE THAT CREATES STEAM AND CEMENT ALL DAY WITH SOME TYPE OF INDUSTRIAL-BASED SOMETHING BETWEEN THOSE HOUSES AND I WOULD THINK THAT STORAGE OF SOME TYPE WOULD BE GREAT. ONLY PROBLEM IS THE TRUCK

TRAFFIC. >> THAT'S WHAT TRENT SAID.

>> IF WE SAY NO TO THAT. NOBODY IS GOING TO PUT A PARK IN

THERE. >> THAT IS BEFORE YA'LL RIGHT NOW. THAT IS A QUESTION BEFORE YA'LL.

YA'LL VOTE ON IT, YES OR NO. OR WITH CONDITIONS OR NOT.

THAT'S -- >> I GUESS WE WILL HEAR FROM

MIKE ADAMS ABOUT THE ROADS. >> THAT IS A BIG CONCERN, AS FAR

[00:55:04]

>> THANK YOU. DID YOU WANT TO ASK A QUESTION.

>> THE APPLICANT, GOING BACK TO THE TAX THING, WERE YOU NOT ASKED THE QUESTION IN THE WORKSHOP ABOUT WHAT TAXES WOULD COME FROM THIS FACILITY. THE NUMBER 400 MILLION CAME UP?

>> I THINK THAT'S THE AMOUNT CONERB --THE VALUE OF THE BUILD.

SO IF I REMEMBER THIS CORRECTLY, OUR CEDAR HILL BUILDING CALLED 75 MILLION. WHAT THAT TENANT PUT INSIDE WAS WORTH 125 MILLION. SO THAT'S THE VALUE OF THE BUILDING, ONCE WE PULL THAT MANUFACTURING TENANT IN.

>> MANUFACTURING IN HERE? >> ONCE WE GOT THEM TO SIGN THE LEASE. NOW THEY ARE IN THE CONSTRUCTION PHASE OF BUILDING OUT THEIR SPACE WITH $125 MILLION WORTH OF IMPROVEMENTS. SO THAT'S --

>> YOU DON'T REMEMBER THE 400 MILLION?

>> I THINK THAT MAYBE COUNCIL MEMBER THREW THAT OUT AS A

POTENTIAL. >> COUNCIL MEMBER THREW THAT OUT

AS HYPOTHETICAL. >> OKAY, SO THAT NUMBER WAS NOT A VALID NUMBER. IT WAS A HYPOTHETICAL NUMBER.

>> SO IS YOUR PREFERENCE MANUFACTURING OR STORAGE?

>> ALL THE ABOVE. >> WE HAVE AN ORDINANCE IN FRONT OF YOU WITH WAREHOUSING USE, MANUFACTURING USE, COLD STORAGE USE, DATA CENTER USE. WE HAVE -- IT IS HEAVY STRIP INDUSTRIAL BASED ORDINANCE. THERE ARE 34 USES NOT ALLOWED AT THIS LOCATION BASED ON OUR PD. YOU WON'T SEE THE HEAVY, DIRTY USES HERE. BUT TO ANSWER YOUR QUESTION, THERE ARE A VARIETY OF USES THAT WE WANT PERMITTED HERE.

. >> IS STAFF SATISFIED WITH THE USES? AS I'M DRAWING INTO THIS, DRAWING CONCLUSION, THIS REVOLVES AROUND ROADS AND TRAFFIC. ARE YOU SATISFIED WITH THE USES?

>> YEAH. ONCE AGAIN, I THINK WE ARE SATISFIED WITH HOW THE USES ARE WRITTEN IN THE ORDINANCE.

WE ARE CONCERNED ABOUT WHAT THIS WILL CAUSE, LIKE CAUSE AND EFFECT. THEE USES COME INTO PLACE, WHAT HAPPENS WHEN THESE USES ARE IN PLAY WITH THE TRAFFIC.

THAT'S OUR CONCERN, IS THE TRAFFIC.

AS CLYDE SAID, I HAVE SAID, WE ARE FIND WITH THE USES.

I DON'T THINK -- IF MAKE SENSE TO HAVE THESE USES HERE.

IT IS THE TRAFFIC ISSUES. >> WASN'T THAT THE POINT OF THEM MOVING TO A MANUFACTURING THAT ALLOWED THEM TO -- OR REQUIRED

THEM TO PUT THE TURN LANE IN? >> I WILL GET MIKE ADAMS, TALKING ABOUT THE TIA LANGUAGE WRITTEN IN THE ORDINANCE.

HOW WE HAVE THE ORDINANCE WRITTEN, WE HAVE CERTAIN TIA LANGUAGE. IF CERTAIN USES OCCUR, NEW TIA WILL BE REQUIRED WHICH CAN POSSIBLY CAUSE NEW IMPROVEMENTS TO BE REQUIRED, ET CETERA, ET CETERA.

>> JUST REAL QUICK TO TOUCH ON COMMISSIONER RODGERS.

ONE WAS FOR WAREHOUSING, THAT'S LESS INTENSE USE.

WHAT THE APPLICANT WAS ASKING FOR WAS FOR A WHOLE SLEW OF USES THAT WERE MORE INTENSE THAN WAREHOUSE.

SO ON OUR SIDE, WE WERE SAYING, OKAY, YOU ARE SHOWING 4,000 TRIPS ON THE WAREHOUSING. IT IS -- THAT'S LOW IF YOU HAVE ANY TYPE OF MANUFACTURING OR SOMETHING ELSE THAT COMES IN, HEAVIER USER. SO THAT'S KIND OF WHY IT WENT FROM THE WAREHOUSING TO SOME TYPE OF MANUFACTURING, TO SHOW THAT, OKAY, IT IS ALL MANUFACTURING, IT IS 10,000 TRIPS NOW. AND IN LOOKING AT THE CAPACITY UNTIL THE INTERSECTION ANALYSIS, EVERYTHING IS GOOD EXCEPT FOR THEY CAME BACK AND SAID YOU NEED A RIGHT TURN LANE ON GIFCO ROAD TO GO SOUTHBOUND. SO THAT'S WHAT THEY HAVE COME BACK WITH WITH THE UPDATED TIA. WHAT WE WERE SAYING ORIGINALLY, WE THINK IT SHOULD BE LIMITED TO WAREHOUSING WITHIN THE ORDINANCE. AND YOUR TIA SHOWS THAT, IF YOU DO ANYTHING OUTSIDE OF WAREHOUSE, YOU NEED A NEW TIA AND SEE WHAT KIND OF IMPROVEMENTS NEEDED.

WITH THE WAREHOUSE, NO IMPROVEMENTS WERE NEEDED.

THE CONCERN THAT WE HAVE, QUICK EXAMPLE, IN LOOKING AT -- AND I HAVEN'T HAD A CHANCE TO GO THROUGH THE NEW TIA.

WHAT THEY ARE SHOWING NOW, SOUTHBOUND HEADING TO GIFCO ROAD

[01:00:04]

SO THE PEAK MORNING TURN MOVEMENT IS GOING TO BE 728 NOW THAT ARE TURNING RIGHT TO GO DOWN GIFCO ROAD.

WHAT THEY WERE SHOWING CURRENTLY, THAT THERE RIGHT NOW IS 15. SO THE PEAK HOUR, AM HOUR, THAT'S THERE RIGHT NOW, TURNING RIGHT TO GO DOWN GIFCO ROAD IS 15 IS GOING TO GO OVER 700. TYPICALLY, THEY ARE TURNING ON TO A CITY ROAD, TXDOT HAS THRESHOLD OF 60 YOU NEED ZONING.

>> I HAVE A BIGGER CONCERN THAN TURNING.

YOU HAVE ANSWERED MY QUESTION NOW BECAUSE I KNOW THE TRUCKS.

YOU ARE TELLING ME IN A PEAK, COMING FROM ASHGROVE IS 15 TO 20

TRIPS AN HOUR? >> CURRENTLY, SHOWING, COMING SOUTHBOUND, 15 TURN MOVEMENTS TURNING RIGHT TO GO DOWN GIFCO

ROAD TOWARD ASHGROVE. >> DO YOU KNOW WHAT THE TRIPS ARE PER HOW ON GIFCO ROAD ROUGHLY?

>> IF YOU LOOK AT YOUR PEAK, AM AND PM, ALSO HAVE YOUR TOTAL NUMBER. I DON'T HAVE THE TOTAL NUMBER RIGHT NOW EXISTING THAT'S OUT THERE.

BUT WE HAVE A TOTAL NUMBER THAT THEY ARE PROTECTING WITH THEIR

DEVELOPMENT FOR THE WHOLE -- >> I'M TRYING TO GO OFF THE QUALITY OF THE ROAD NOW. SO I DON'T KNOW IF THEY HAVE ALREADY GOT 14,000 A DAY, AND THEY ARE SAYING 4,000, OKAY, OR IF THEY HAVE 122 TRIPS. I DON'T HAVE A STARTING BASE.

>> YES, SIR. AGAIN, JUST KIND OF LOOKING AT -- SO WHAT THEY ARE SHOWING HERE, EXISTING TRAFFIC, 34 TRIPS PEAK HEADING DOWN GIFCO ROAD. THAT'S IN THE MORNING.

SHOWING 34. >> TODAY?

>> YES, SIR. THAT'S TODAY.

>> SO HOW IN THE WORLD ARE WE GOING TO KEEP THE ROAD FROM

PEELING UP? >> ONE OF THE CONCERNS THAT STAFF HAS, IT IS NOT BASED ON THE USE, IT IS REALLY JUST LOOKING AT IF THE USE IS PERMITTED AND IT GOES THROUGH AND THERE AREN'T IMPROVEMENTS, AM SOME POINT IMPROVEMENTS

NEEDED. >> ARE WE ABLE TO REQUIRE IMPROVEMENTS FROM THEIR FACILITY ALL THE WAY TO THE LIGHT?

>> NO. >> SO I DON'T SEE -- I UNDERSTAND THE IMPROVEMENTS WHICH WOULD ABUT THEIR PROPERTY.

WHAT DO WE DO BETWEEN POINT A AND POINT B TO GET THEM TO THE

LIGHTS? >> THAT IS THE CONCERN.

THE APPLICANT IS NOT BUILDING TO FUND, IF THIS GETS APPROVED.

>> THOSE ROADS ARE REALLY ROUGH NOW.

>> I HAVE A QUESTION, IN THE WORK SHOP, WASN'T THERE CONVERSATION ABOUT HOMES BEING BUILT TO THE WEST.

THAT WAS A SIGNIFICANT NUMBER OF HOMES, IF I REMEMBER CORRECTLY.

>> LARGE VOLUME, RIGHT AROUND THIS AREA RIGHT AT THE CORNER, GOES ALL THE WAY TO GRAND PRAIRIE.

>> AT LEAST INITIALLY, THE PRIMARY WAY THOSE PEOPLE ARE GOING TO GET IN AND OUT IS GOING TO GO GIFCO ROAD TO 67, RIGHT?

>> THAT'S ONE OF THE METHODS, GIFCO ROAD DOWN HERE, ACCESSING

THIS WAY OR 287. >> CHANCES ARE THEY ARE GOING GIFCO ROAD, 67, UNTIL SOMEWHERE DOWN THE ROAD.

>> THOSE WERE THE ASSUMPTIONS WE TALKED ABOUT.

>> POTENTIALLY WHAT WE ARE LOOKING AT IS NOT ONLY THIS DEVELOPMENT BUT THE HOMES BEHIND THAT.

>> RIGHT NOW THEY ONLY HAVE ACCESS TO 287, CORRECT?

>> RIGHT NOW, 67 IS HERE, GIFCO ROAD COMES UP HERE AND THEN CURVES, EVENTUALLY CURVES DOWN, IF I'M NOT MISTAKEN.

THAT'S ONE ACCESS POINT. THE OTHER ACCESS POINT WOULD BE

87. >> THAT'S FUTURE, THOUGH, RIGHT?

>> EXISTING ROAD. >> BUT GIFCO ROAD IS GATED ON

THE WEST END. >> IT IS GATE THE RIGHT HERE OFF QUARRY ROAD. I BELIEVE THERE IS A GATE RIGHT

AROUND -- >> THERE'S A GATE ON THE UPPER END. SO IT IS NOT DESIGNED FOR THREW

TRAFFIC. >> I APOLOGIZE, I WOULDN'T BE

ABLE TO ANSWER THAT. >> HELP ME OUT ON QUARRY ROAD.

I HAVE BEEN THERE SO MANY TIMES, I'M INTRIGUED TO DRIVE DOWN QUARRY ROAD HERE SOON. IS THAT A GRAVEL ROAD?

>> IT IS A GRAVEL -- RIGHT NOW, ALL THE WAY DOWN.

>> IS IT DIRT OR GRAVEL. >> DIRT-ISH.

>> SO DO WE HAVE A HOME DOWN THERE?

>> NO, THERE'S ACTUALLY INDUSTRIAL FACILITY HERE, THEN

[01:05:05]

TO OVERLOOK ESTATES. >> WE WERE CONCERNED THE ORIGINAL INFORMATION YA'LL PROVIDED US THAT SOME TRUCKS OR WHATNOT COULD MAYBE TRY TO TRAVEL DOWN QUARRY ROAD?

>> CORRECT. >> SO IS THAT A ROAD ON A

THOROUGHFARE PLAN? >> IT IS ON A THOROUGHFARE PLAN.

>> IS IT NOT LIKE OTHER ROADS WHERE WE HAVE GATED THEM OFF? I'M TRYING TO SEE IF THAT IS A REQUIREMENT FOR ACCESS FROM GIFCO ROAD, WE COULD ELIMINATE THAT BY GATING IT.

>> RIGHT NOW IT IS GATED. BUT THEY ARE PLANNING ON -- [INAUDIBLE] RIGHT NOW THE DEVELOPMENT, SHOULD BE ABLE TO BACK ME UP ON THIS ONE, RIGHT NOW THE ONLY THING HER REQUIRED TO IMPROVE IS FROM THIS POINT OF QUARRY ROAD, ALONG THEIR PROPERTY LINE. THE REST OF IT, THEY ARE NOT REQUIRED TO IMPROVE. THEY HAVE, HOWEVER, THEY HAVE LOOKED AT IT, THIS HE HAVE RESEARCHED IT, AT THIS POINT IT CAN BAR BEAR THE WEIGHT OF THE EMERGENCY VEHICLE.

AT THIS POINT IN TIME, UNTIL THIS IS IMPROVED, IS GOING TO ACT AS SECOND POINT OF ACCESS BUT FOR EMERGENCY VEHICLE AC ACCESS. SO THAT'S WHAT THE DESIGNATION

OF QUARRY ROAD IS GOING TO BE. >> WHO NEEDS TO GO DOWN THAT ROAD TODAY? I UNDERSTAND MAYBE FROM THE SOUTH SIDE, BUT WHAT'S THE POINT OF THE ROAD? THAT'S WHAT I'M TRYING TO FIGURE OUT.

>> THERE'S A WELL SITE RIGHT HERE.

THAT NEEDS 24/7 EMERGENCY ACCESS.

>> THERE'S NO OTHER WAY TO GET TO THAT WELL SITE.

>> KNOWS, IT IS RIGHT ON QUARRY. SO THAT GRAVEL ROAD, DIRT ROAD.

>> TO GET TO THE WELL SITE FROM THE SOUTH SIDE? IF -- I'M JUST TRYING TO FIGURE OUT, IF WE ARE CONCERNED ABOUT FOLKS TRAVEL WILLIN DOWN A DIRTD THAT IS ON THE THOROUGHFARE PLAN, AND WHY DON'T WE LET THEM BLOCK IT OFF AND IT IS ONLY ATTAINABLE BY THE NORTH. I THOUGHT IT WAS SOME HARD TOP ROAD THAT FOLKS USE TO GET TO THEIR HOME.

>> RIGHT NOW, NO. NO ONE USES IT.

NO ONE USES IT TO GO DOWN TO OVERLOOK ESTATES.

I WOULD BE SURPRISED IF THEY DID.

>> OKAY. THANK YOU.

>> OTHER QUESTIONS OF STAFF? OR ANY FURTHER DISCUSSION?

>> LET ME LEAD THE DISCUSSION OFF.

I THINK FROM THE WORKSHOP THAT WE HAD MY UNDERSTANDING WAS WE WEREN'T GOING TO PROCEED WITH THIS UNTIL STAFF HAD QUESTIONS, COUNCIL HAD QUESTIONS, P&Z HAD QUESTIONS THAT WERE NOT ANSWERED IN THE MEETING. I THINK WE ALL AGREED THEY NEEDED TO BE ANSWERED. MY UNDERSTANDING IS SOME OF THOSE HAVE BEEN ANSWERED. BUT TO ME THE MOST CRITICAL, ONE OF THE MOST CRITICAL, HAS NOT BEEN ANSWERED.

AND THAT WAS ONE OF MY CONCERNS OF GIFCO ROAD AND 67 INTERSECTION. I HAVE BEEN UP THERE SEVERAL TIMES AND I CAN TELL YOU THREE TRUCKS BLOCK THAT BRIDGE.

NOBODY ELSE GETS ON IT. SO IF IN THE MORNINGS, PARTICULARLY WHEN YOU HAVE TRAFFIC, YOU ARE GOING TO HAVE A TRAFFIC BACKUP ON GIFCO ROAD THE OTHER WAY.

BUT WHAT CAN BE DONE AT THE INTERSECTION REQUIRES A CONVERSATION BETWEEN THE CITY AND TXDOT TO SEE WHAT THEY WOULD APPROVE OR ALLOW THE CITY TO DO.

TO ME, THAT'S CRITICAL TO THIS, PARTICULARLY WHEN YOU ARE LOOKING AT A LARGE NUMBER OF HOMES THAT'S GOING TO GO BEHIND THIS THAT PROBABLY ULTIMATELY ARE GOING TO COME OUT ON GIFCO ROAD TO BEGIN WITH, AND MAYBE EVEN IN THE FUTURE A GOOD PORTION OF THEM ARE GOING TO COME OUT ON THAT ROAD.

WE CAN CONTROL FROM THIS SITE UP TO 67.

WHAT WE CAN'T CONTROL IS THE INTERSECTION.

AND I THINK WE WOULD BE CREATING A HUGE NIGHTMARE IF WE DON'T GET THE QUESTIONS ANSWERED ABOUT WHAT CAN BE DONE AT THAT INTERSECTION. WHAT WILL TXDOT DO? WHAT WILL THEY ALLOW THE CITY TO DO?

[01:10:02]

I THINK THESE PEOPLE ARE GOOD DEVELOPERS.

THEY HAVE A GREAT REPUTATION. I THINK THE SITE IS GOOD.

WHERE THEY ARE PUTTING IT. IT IS NOT GOING TO BE VISIBLE FROM 67. I THINK IT WILL BE VISIBLE FROM 287. THAT'S PROBABLY A MILE AND A HALF OR TWO MILES. SO IT IS NOT, TO ME, IT IS NOT THE SITE. IT IS THE EFFECTS AS I THINK MAYBE TRE TRENTON MENTIONED, THE TRAFFIC AND OTHER ISSUES.

I THINK WE ARE PUTTING THE CART BEFORE THE HORSE.

I THINK WE NEED TO GET THE ANSWERS TO THE QUESTIONS TO SEE WHERE THE CITY STANDS AND CAN MOVE FORWARD AND THEN SIT DOWN WITH THE APPLICANT AND SAY, WE NOW KNOW WHAT WE CAN DO, THIS IS WHAT WE'RE WILLING TO DO, AND LET THE APPLICANT SAYING WHAT THEY ARE WILLING OR NOT WILLING TO DO.

I JUST THINK WE ARE PREMATURE WITH THIS.

>> WOULD TRENTON, WOULD NOW -- I'M HAVING A HARD TIME ENVISIONING ANY WISDOM AT ALL BRINGING RESIDENTIAL TRAFFIC FROM THE BACK SIDE AND GIVING THEM ACCESS.

IS THERE NOT A WAY TO PLAN AROUND, NOT LETTING RESIDENTIAL TRAFFIC ON TO GIFCO ROAD, WHICH I CAN'T IMAGINE THEY NEED TO BE ON IN THE FIRST PLACE WITH THAT VOLUME? DO YOU THINK THAT IS A GOOD IDEA TO HAVE THEM ON GIFCO ROAD.

>> I DON'T KNOW HOW TO LIMIT A PUBLIC RIGHT-OF-WAY.

>> IS THERE A WAY WE CAN ADJUST OUR RIGHT-OF-WAYS AT THIS POINT TO WHERE THEY HAVE A DIFFERENT ROUTE THEY HAVE TO GO.

I JUST SEE LONG-TERM, THAT THERE'S POTENTIALLY MORE OF THIS GOING TO INTERACT AND WE HAVE GOT GRAND PRAIRIE WE ARE DEALING WITH. I'M WITH -- THIS IS THE ROOT PROBLEM IS WHAT DO WE DO WITH ALL THIS TRAFFIC.

I DON'T KNOW WHAT WE DO WITH THE ROAD? I HAVE THOUGHT ABOUT WHAT YOU MENTIONED, I FORGET TO MENTION IT, THAT HE IS RIGHT, IT ONLY TAKES ABOUT THREE BIG TRUCKS TO CONSUME THE BRIDGE. SOMETHING HAS TO BE DONE WITH

ALL THAT PROPERTY. >> I THINK FURTHER ANALYSIS TO FIND ANOTHER ROUTE. I DON'T HAVE AN ANSWER FOR YOU.

>> I'M IN HUGE FAVOR OF A LOT OF WHAT YA'LL ARE TRYING TO DO.

BUT, MAN, THAT ROAD AND THE INTERSECTION, I JUST DON'T EVEN

KNOW WHAT TO THINK. >> CHAIRMAN, JUST TO GO BACK TO THE GIFCO ROAD AND 67 INTERSECTION, THERE'S TWO SIGNALS THERE ALREADY. SO THERE'S A ?L SIGNAL ON THE ET SIDE AND WEST SIDE. I DON'T KNOW IF THAT HELPS YOUR

-- >> BUT THE SIGNALS ARE HOLDING THE TRUCKS ON THERE. AND YOU HAVE TRUCKS BACKING UP.

IF YOU HAVE 4,000 TRUCKS A DAY, YOU HAVE GOT TRUCKS BACKING UP ON GIFCO ROAD. THEN YOU HAVE GOT ASHGROVE RAISING CAIN, WE CAN'T GET OUR TRUCKS OUT BECAUSE YOU LET THESE GUYS IN WITH THEIR TRUCKS. I DON'T KNOW.

>> GIFCO ROAD IS ON THE THOROUGHFARE PLAN.

THERE ARE PLANS FOR THAT TO GO THROUGH ALL THE WAY TO 287 EVENTUALLY. I KNOW THERE'S CONUNDRUM ABOUT THE INTERSECTION WITH 67, BUT GIFCO ROAD IS PLANNED TO GO FROM 67 ALL THE WAY TO 287 ON OUR THOROUGHFARE PLAN.

I DON'T THINK WE WILL LOOK TO SEPARATE TRUCKS AND CARS.

>> BUT WE THINK IT IS A GOOD IDEA TO BRING -- HAVE YOU -- I

HAVE DRIVEN DOWN IT A LOT. >> I HAVE DRIVEN DOWN IT.

IT IS NOT GREAT. >> IT IS NOT GOOD.

THERE ARE TRUCKS WEAVING AROUND CORNERS, DOING 14 MILES PER HOUR. YOU HAVE GOT BIG OL' POTHOLES.

>> YOU HAVE EMPLOYEES THAT GET DOWN THERE.

>> I UNDERSTAND THE EMPLOYEE PORTION.

>> THEY HAVE TO INTERACT. >> FROM A WISDOM STANDPOINT.

I GET THAT POINT, THAT HAS TO DO WITH THE INDUSTRIAL APPLICATION GOING ON DOWN THERE THAT SHOULD BE GOING ON DOWN THERE.

WHEN WE START INTERJECTING RESIDENTIAL FOLKS INTO INDUSTRIAL APPLICATION AND TRAFFIC, IT IS A MESS.

I DEAL WITH IT EVERY DAY. >> ON EASTGATE, ON 287, 67, WE HAVE A LOT OF TRUCKS IN OUR COMMUNITY.

ON 67, THEY ARE INTERACTING ALL THE TIME.

SO I THINK -- >> I'M JUST SAYING, TO ME, IT WOULD BE WISE TO FIGURE OUT A WAY TO MAKE THESE SUBDIVISIONS DUMP TO THE FRONT TO KEEP THEM GIFCO ROAD.

IT MAY NOT BE POSSIBLE. >> I UNDERSTAND YOUR POINT, COLLIDE, IN ALL DUE RESPECT, I'M CONCERNED ABOUT WHAT HAPPENS

[01:15:02]

WE ARE TALKING ABOUT ONE BRIDGE, TWO LANES IF YOU ARE ON 67.

AND THAT'S GOOD TO BE ADDRESSED AND WE DON'T KNOW AT THIS POINT HOW THAT CAN BE ADDRESSED. WE DON'T KNOW WHAT TXDOT WOULD

OR WOULDN'T ALLOW TO DO. >> WHO IS RESPONSIBLE FOR THE MAINTENANCE OF THAT ROAD? RIGHT NOW, CITY OF MIDLOTHIAN.

I JUST WANT TO MAKE A STATEMENT. WE ARE STILL HAVING MIC ISSUES AND ONLY TWO MICS CAN BE ON AT A TIME FOR SOME REASON.

I DO APOLOGIZE. IF YOU WOULD BE AWARE OF THAT, WE MIGHT NEED TO BE AWARE WHO NEEDS TO SPEAK SO WE MAKE SURE

WE CLEAR THE AIR. >> THE OTHER THING I WOULD REITERATE IS FROM THE WORKSHOP, WE CAME AWAY WITH -- I DON'T KNOW IF IT WAS A WRITTEN LIST, BUT A LIST, VERBAL OR OTHERWISE, AGAIN, OF CONCERNS FROM CITY COUNCIL, STAFF AND FROM P&Z THAT PRETTY MUCH LEFT US AT A STALEMATE AT THAT POINT.

AND TO ME WHAT WE ARE ASKING TO DO IS CONTINUE TO HEAR TONIGHT WITHOUT RESOLVING THOSE ISSUES, THAT MAKES NO SENSE TO ME.

>> ANYONE ELSE? IF NOT, I MAKE A MOTION TO DENY

THE APPLICATION. >> SECOND.

>> WE HAVE A MOTION AND SECOND TO DENY THE APPLICATION.

ALL IN FAVOR, AYE. ANYBODY OPPOSED? IT IS UNANIMOUS. WE WILL MOVE TO ITEM

[008 Conduct a public hearing and consider and act upon an ordinance by changing the zoning from Commercial (C) District to Planned Development District No. 150 (PD-150) for “Motor Vehicle Repair, Minor” relating to the development and use of Lots 1-3, Block 10, Original Town Addition (commonly known as 101 West Avenue E). The property is located at 101 West Avenue E (Case No. Z15-2022-053). ]

(CASE 008.

>> THE PLOTTER IS LOCATED NOTER OF CITY HALL, ACROSS THE STREET, ACTUALLY, AND HAS OPERATED ENTIRE SHOP AND INSPECTION STATION FOR SOME TIME NOW. ALTHOUGH THE REZONE REQUEST IS FOR A MINOR VEHICLE REPAIR, THE APPLICANT IS REQUESTING THAT THE USES BE LIMITED TO ONLY THREE USES.

THEY ARE LOOKING TO ONLY DO OIL CHANGES AND THEY WANT TO CONTINUE THE TIRE REPAIR AND THE INSPECTION.

SO, AGAIN, TRYING TO GET IT INTO MINOR MOTOR VEHICLE REPAIR BUT THEY WILL LIMIT THOSE USES TO JUST THREE SPECIFIC USES.

THE AREA IS CURRENTLY ZONED COMMERCIAL AS YOU CAN SEE UP HERE ON THE SCREEN. IT IS ADJACENT TO OUR CENTRAL BUSINESS DISTRICT TO THE SOUTH AND YOU ALSO HAVE THE NORTH EIGHTH STREET DISTRICT TO THE WEST.

HERE IS THE GENERAL LAYOUT OF THE PROPERTY.

SO THE CITY'S DOWNTOWN MASTER PLAN, THAT WAS ADOPTED IN JUNE OF 202. 2020.

THIS ADOPTED PLAN IS OUR GUIDE FOR DECISION MAKING WHEN DEALING WITH REDEVELOPMENT OR NEW USES THAT ARE BEING PROPOSED WITHIN OUR DOWNTOWN AREA. IN THIS PARTICULAR AREA, THE PLAN DOES FOCUS AND ENCOURAGES THAT WE HAVE MORE RETAIL, MORE ENTERTAINMENT, MORE OFFICES, MORE RESTAURANT USES WITH PEDESTRIAN-FRIENDLY STREET SCAPES.

AGAIN, THAT'S GOING BACK TO THE DOWNTOWN MASTER PLAN.

CURRENTLY, AS WE ALL KNOW THAT THE LOT, THE STRUCTURE, THE LEGAL, THE USE, IT IS ALL LEGAL RIGHT NOW.

BUT IT IS NONCONFORMING. SO IT IS WHAT IS CONSIDERED LEGAL NONCONFORMING. THEY MAY CONTINUE TO OPERATE IN PPERPETUITY HOW THEY ARE NOW BUT IT SHOULD NOT BE EXPANDED UPON.

THAT IS WHY THIS APPLICANT IS ASKING FOR UVPD REZONE REQUEST.

IF THE UVPD REZONE REQUEST IS APPROVED, THE NONCONFORMING SSTATUS GOES AWAY. BUT THE USES PROPOSED THROUGH THE UVPD, THAT BECOMES PERMITTED BY RIGHT.

SO, AGAIN, THE OIL CHANGE, THE TIRE ROTATION, THE -- INSPECTIONS, THAT'S ALL GOING TO BE ALLOWED BY NOW BY RIGHT.

[01:20:02]

CURRENTLY THE APPLICANT IS DISPLAYING TIRES ON THE EXTERIOR OF THE BUILDING AS YOU CAN SEE UP HERE ON THE SCREEN.

THEY ARE ALSO STORING VEHICLES WITHIN THE VEHICLE -- THIS IS USUALLY WHERE THEY ACTUALLY STORE THE VEHICLES AND THEN DISPOSE OF THEM I THINK DAILY. OUTDOOR DISPLAY AND STORAGE IS STRICTLY PROHIBITED WITHIN A COMMERCIAL DISTRICT.

THIS IS -- IF THIS REZONING IS APPROVED, STAFF WOULD RECOMMEND THAT THERE BE NO OUTSIDE STORAGE OR NO OUTSIDE DISPLAY.

A SIGN WAS PAINTED ON THE WEST SIDE OF THE SERVICE BAY BUILDING WITHOUT A SIGN PERMIT. BUT IF THE SIGN DOES -- OR IF A SIGN DOES NOT CONFORM TO OUR CURRENT STANDARDS, IT MAY BE ALLOWED THROUGH THIS UVPD REQUEST.

JUST KEEP THAT IN MIND. MOST OF THE PROPERTY IS UNIMPROVED, AS YOU CAN SEE UP HERE ON THE SCREEN.

IT CONTAINS GRAVEL MATERIAL. APPLICANT WOULD LIKE TO LEAVE THIS QUEUING AND PARKING AREA JUST AS IS.

THERE'S NO IMPROVEMENTS BEING MADE BY THE APPLICANT.

WE DID SEND 13 LETTERS OUT TO PROPERTY OWNERS WITHIN 200 FEET.

WE HAVE RECEIVED NO WRITTEN RESPONSES FROM PROPERTY OWNERS.

AS MENTIONED EARLIER, THIS PROPOSAL IS NOT CONSISTENT WITH THE VISION OF THE DOWNTOWN MASTER PLAN.

NOT TO GET CONFUSED WITH OUR COMPREHENSIVE PLAN.

THE DOWNTOWN MASTER PLAN. STAFF DOES RECOMMEND DENIAL OF THIS PROPOSED REQUEST AS PRESENTED.

HOWEVER, IF THE REQUEST IS APPROVED, WE WOULD ASK THAT THE COMMISSION CONSIDER THE CONDITIONS WE HAVE UP HERE ON THE SCREEN AND I WILL ACTUALLY CONTINUE TO STAND FOR QUESTIONS.

>> THIS APPLICATION CAME BEFORE US ONCE BEFORE, ISN'T THAT

CORRECT IN. >> YES, SIR.

>> AND YES, SIR. >> AND IT WAS DENIED?

>> IT CAME THROUGH AS SPECIFIC USE PERMIT.

>> WHAT'S THE DIFFERENCE BETWEEN WHEN IT CAME BEFORE AND NOW?

>> NO DIFFERENCE AS FAR AS THE REQUEST.

THE REQUEST IS STILL PRETTY SIMILAR ALTHOUGH WHEN THEY WERE COMING IN AS SPECIFIC USE PERMANENT, THEY WERE ASKING FOR MINOR MOTOR VEHICLE REPAIR. THE USES WERE A LITTLE BIT MORE EXPANDED. STAFF DID RECOMMEND DENIAL AT THAT TIME. AND I BELIEVE THE PLANNING & ZONING COMMISSION RECOMMENDED DENIAL THROUGH THAT SUP.

BUT, AGAIN, IT WAS THROUGH A SUP REQUEST, NOT FOR ZONING CHANGE.

>> AND WE ALREADY HAVE VIOLATIONS ON THAT SITE, DID I

HEAR YOU CORRECTLY? >> IF IF TECHNICALLY THE VIOLATS ARE THE DISPLAY O OUTSIDE. THEY ARE DISPLAYING TIRES OUTSIDE. THAT IS IN VIOLATION.

THE OTHER VIOLATION WOULD BE THE SIGNAGE.

THEY DID NOT SEEK A PERMIT FOR THIS.

WHEN THEY DID SEEK A PERMANENT, IT HAD ALREADY BEEN PLACED ON THE BUILDING. WE DON'T ALLOW FOR PAINTING ON BUILDINGS UNLESS YOU ARE TALKING ABOUT A MURAL, REALLY ONLY IN OUR CBD AREA AND NOT WITHIN COMMERCIAL DISTRICT.

THAT IS IN VIOLATION. BUT, AGAIN, IF THIS UVPD IS APPROVED, YOU CAN APPROVE PAINTING ON A WALL IN THAT WAY.

>> QUESTIONS OF STAFF? >> WHAT DID THIS FACILITY HAVE FOR PARKING? I NOTICE ON HERE AS FAR AS PARKING, WHAT WOULD BE REQUIRED FOR PARKING.

>> WHY THEY DON'T HAVE PARKING? >> RIGHT.

>> THIS USED TO BE BURKE'S TIRES.

AT THAT TIME, THEY DIDN'T HAVE PARKING EITHER.

THEY DIDN'T HAVE ANY APPROVED PARKING.

IIT HAS ALWAYS CONTAINED A GRAVL AREA.

THEY DO HAVE SOME CONCRETE OUT HERE IN FRONT WHERE IT NOTES THE TIRE REPAIR AREA. THAT IS REALLY THE ONLY CONCRETE ON THE PROPERTY. OTHER THAN THAT, IT IS REALLY

JUST GRAVEL AND DIRT. >> WHY AREN'T THEY REQUIRED TO HAVE A CERTAIN AMOUNT OF PARKING?

>> STAFF NORMALLY -- IF THE USE CHANGES, WE WOULD REQUIRE -- WE COULD ASK THEM TO DEFINITELY DO AN IMPROVEMENT.

BUT THE APPLICANT IS ASKING NOT TO IMPROVE.

IT THE APPLICANT IS JUST TO KEEP IT AS IS.

KEEP THE SAME MATERIAL BEING USED OUT THERE, JUST EVERYTHING STAYS THE SAME. BUT NORMALLY, AGAIN, WE WOULD NEVER ALLOW FOR JUST GRAVEL MATERIAL.

IT JUST SO HAPPENS THAT'S HOW THE PROPERTY HAS SAT FOR A VERY LONG TIME LIKE THAT. IT IS GRANDFATHERED IN, YES, S

SIR. >> SO I HAVE GOT SOME QUESTIONS.

DOES THE TENANT LEAVE THE FEW TIRES THAT HE HAS OUT FRONT,

[01:25:07]

>> THAT'S A GOOD QUESTION FOR THE TENANT.

>> I DOUBT IT. BUT I WILL ASK HIM.

I WILL GIVE YA'LL A LITTLE HISTORY ON THIS PLACE, FOR THOSE OF US WHO HAVE LIVED DOWN AROUND HERE A LONG TIME.

THE TENANT WHO IS CURRENTLY IN THE BUILDING, OF COURSE, HE DOES NOT OWN IT. I DON'T KNOW HOW MUCH MONEY HE HAS PUT INTO THIS PROPERTY, BUT I CAN TELL YOU IT IS AN IMMENSE AMOUNT OF MONEY IF YOU COULD HAVE SEEN IT A COUPLE YEARS AGO.

FOR THOSE OF US WHO HAVE BEEN AROUND HERE FOR MANY, MANY YEARS, THERE'S REALLY NEVER BEEN A BIG NEED FOR PARKING IN THIS TYPE OF APPLICATION OF WHERE THESE ARE LOCATED.

I DON'T KNOW THAT I HAVE EVER SEEN THIS PARKING LOT OVERFLOW IN ANY SHAPE, FORM, OR FASHION. TYPICALLY A LOT OF TIMES JUST ONE OR TWO CARS IN THERE. THERE'S USUALLY MAYBE ONE AROUND FRONT GETTING SOME TIRES FIXED. ONE IN THE END BAY THERE GETTING AN INSPECTION. THE GENTLEMAN WHO IS THE TENANT THERE, HE HASN'T JUST PUT SEVERAL THOUSAND DOLLARS INTO THIS PLACE. I WILL SH BE SURPRISED IF HE HAT PUT A HUNDRED GRAND IN IT. HE IS NEVER GOING TO GET ANY OF THAT BACK OUT. I THINK WHAT -- AND REALISTICALLY, I CAN ALSO TELL YOU, BECAUSE I HAVE BEEN WATCHING THE -- I HAVE BEEN DOING BUSINESS THERE FOR MANY YEARS. THAT THERE HAS ALWAYS BEEN SOME FORM OF A DISPLAY OUT THERE. I PERSONALLY -- NOW, IF HE HAD STUFF SCATTERED EVERYWHERE, I WOULD HAVE AN ISSUE WITH IT.

BUT HE IS A TIRE SHOP. SO HE WANTS TO DISPLAY A LITTLE BIT. AND HE HASN'T GOT AN OVERDISPLAY. I CAN TELL YOU FROM BEFORE, THERE WERE A LOT OF USED TIRES -- NOT A LOT, THREE TO SIX USED TIRES LEFT OUT FRONT. HE KEEPS A VERY CLEAN FACILITY.

I THINK ALL HE IS TRYING TO DO IS JUST TRY TO ADD A LITTLE BIT TO HIS BOTTOM LINE WITH SOME OIL CHANGES INTERIORLY.

I DON'T BELIEVE THERE WOULD BE ANY VEHICLES LEFT OUT OVERNIGHT, TO MY KNOWLEDGE. OR IT WOULD EVEN BE ALLOWED,

CORRECT? >> THAT IS CORRECT.

>> AND THE PICKUP TRUCK THAT WE KEEP SHOWING WITH THE TIRES IN THE BACK, HE HAS GOT TO DO SOMETHING WITH THE TIRES AND THAT PICKUP TRUCK LEAVES EVERY DAY, CORRECT?

I'M PRETTY SURE. >> I BELIEVE SO.

>> WILL WE HEAR FROM A REPRESENTATIVE FROM THE

APPLICANT? >> BJ IS HERE.

>> I'M CURIOUS. I HOPE TO HELP YA'LL TO -- I DON'T KNOW HOW MUCH PARKING WOULD DO FOLKS, HOW GOOD IT WOULD DO THEM. THEY ARE TYPICALLY IN, SAYING THEY HAVE A FLAT TIRE, THEY PULL IN THE FRONT.

OR THEY NEED AN INSPECTION, PULL IN THE BAY.

THERE IS REALLY NOT A LOT GOING ON THERE TO DEMAND 20 OR 30,000 OR MORE TO POUR A LITTLE BIT OF CONCRETE, IN MY OPINION.

ANYWAY, WE WILL HEAR FROM THE APPLICANT.

>> SIR, IF YOU WOULD STATE YOUR NAME AND ADDRESS.

>> MY NAME IS BJ [INAUDIBLE], WE SPOKE BEFORE ABOUT THE STATION.

THANK YOU, SIR, FOR YOUR NOTICE. THIS LOCATION, EVERYBODY MAYBE NOTICE A DIFFERENCE. WHEN YOU COME INSIDE, YOU FEEL LIKE YOU DON'T WANT TO DO BUSINESS THERE.

SPEND LOTS OF MONEY TO MAKE IT LOOKS BETTER AND ATTRACTIVE.

YOU CAN ASK ALL THE CUSTOMERS, THEY LOVE IT.

AND WE HAVE PLACE WHERE EVERYBODY CAN SIT, HAVE SOME DRINK, RELAX UNTIL HIS CAR GETS FIXED.

LAST TIME WE HAVE ASKED FOR MINOR MECHANIC AND OIL CHANGE.

WE DON'T NEED MINOR MECHANIC. WE DON'T NEED ANY SIGN TO VIOLATE THE CITY. A PROFESSIONAL COMPANY TO PUT THE SIGN, WR WE WILL BE ABLE TO THAT.

WE NEED JUST TO CHANGE THE OIL, THAT WILL BE A BIG DIFFERENCE FOR US. WITH THE PANDEMIC, WE DID A LOT.

YOU CAN SEE. IF WE GET A LITTLE MINOR OIL CHANGE, HAPPY TO DO THAT, NO CAR ALLOWED TO PARK OVERNIGHT.

WE DON'T HAVE A MECHANICS SERVICE, WE DON'T NEED A MECHANICS SERVICE. EVERY CAR, JUST FINISH AND GONE.

SO THERE'S NO PARKING FOR ANY CAR AND IF WE GET THE OIL CHANGE, THAT WILL ENCOURAGE US FOR THE BUDGET TO BE AT LEAST HELPING US TO DO SOME CONCRETE FOR THE FRONT AS EVERYBODY COME IN AND THEY COULD PARK. IT HAS ALWAYS BEEN LIKE THIS.

SO WE ARE NOT ASKING FOR THAT MUCH.

ALL WE NEED JUST A LITTLE MINOR OIL CHANGE, THAT'S IT.

[01:30:03]

THE SIGNAGE, WE DON'T NEED THE SIGNAGE LAST TIME, WE DISAGREE ON IT. AND MENI MECHANIC, WE ARE NOT DG MECHANIC. OIL CHANGE.

OIL CHANGE IS MAJOR FOR US, THE STATE INSPECTION AND THE TIRE BUSINESS, SO EVERYBODY WILL BE COMFORTABLE TO DO MAYBE THREE IN ONE AND THAT WILL INCREASE THE INCOME A LITTLE BIT AND WE COULD SPEND MONEY ON THE CONCRETE AND SIGNAGE, PROFESSIONAL COMPANY TO DO IT APPROVED BY THE CITY. I WILL NOT VIOLATE ANYTHING.

NO CAR WILL BE LEFT THERE. NOTHING TIRES LEFT THERE.

ONLY TWO TIRES, MAYBE THREE, PEOPLE KNOW WHAT WE DO.

THAT'S ALL WE NEED. WE SPEND TENS OF THOUSANDS TO MODIFY THIS BUILDING AND MAKE IT LOAD GOOD, ESPECIALLY IN FRONT OF THE CITY. EVERYBODY KNOWS THAT.

EVERYBODY NOTICE THAT. CUSTOMERS ARE VERY HAPPY.

IF YOU COME INSIDE, YOU SEE A BIG DIFFERENCE.

BEFORE NOBODY CAN SIT THERE. SO THAT'S WHAT WE REQUEST.

WE HOPE YOU ALL APPROVE IT. IF YOU HAVE ANY QUESTIONS, I WILL HAPPY TO ADDRESS AND ANSWER.

>> QUESTIONS OF THE APPLICANT? >> I HAVE TWO.

ARE YOU PLANNING ON -- WHERE ARE YOU PLANNING ON PUTTING THE OIL CHANGE? IN THE INSPECTION AREA?

>> THERE'S A PLACE FOR THAT. WE ALREADY HAVE THE MACHINE FOR CHANGING OIL AND FOR THE OIL JUST TO ADDRESS YOUR CONCERN, EVERY STATION WHO DOES OIL CHANGE, EVERYBODY KNOWS, YOU DEAL WITH A PROFESSIONAL COMPANY WHO BRINGS YOU THE OIL.

DISPOSE THE OIL. SO THERE'S NO CONTAMINATION.

THE OIL FILTER WILL HAVE THEIR OWN BOXES.

SO EVERYTHING WILL BE DONE PROFESSIONALLY.

NO CONTAMINATION, NOTHING TO VIOLATE THE CITY CODE OR CITY

RULES. >> OKAY.

CAN YOU PULL UP WHERE THE OIL CHANGE IS EXACTLY GOING TO TAKE

PLACE. >> ONE PLACE FOR IT INSIDE

THERE. >> SHOW ME ON --

>> THERE ARE THREE BAYS. >> SECOND ONE.

WE ALREADY HAVE THE NEW ONE, I DON'T KNOW IF YOU SEE THAT, WE HAVE A LIFT FOR THE CARS TO CHANGE OIL.

IF YOU APPROVED IT, WE WILL GET THE COMPANY WHERE YOU DISPOSE THE OIL. WE PUT IN A BARREL.

TO PREVENT CONTAMINATION. >> SO YOU ARE THINKING ONLY USING ONE OF THESE BAYS FOR OIL CHANGE, IS THAT CORRECT?

>> YES, SIR. >> HOW MANY CARS DO YOU THINK

YOU WILL RUN THROUGH. >> MAYBE TWO, THREE CARS, FOUR

CARS. >> A DAY? DEPENDS. I CANNOT SPECULATE.

>> I WOULD HOPE YOU DO MORE THAN THREE OR FOUR OIL CHANGES.

THAT WON'T HELP YOUR BOTTOM LINE AT ALL.

THAT'S MY CONCERN HERE. PARKING IN THISSER A, I DOUBT THERE.I DOUBT YOU SPEND THREE, R CARS.

YOU WILL HAVE CARS WAITING, YOU HAVE CARS PARKED SOMEPLACE IF YOU HAVE HYPOTHETICALLY YOU SAY THREE.

WHAT IF YOU HAVE TEN OR FIFTEEN PEOPLE WAITING.

OIL CHANGES, INSPECTIONS. THAT'S MY CONCERN, NOW YOU HAVE TO DEVELOP MORE AREA, CONCRETE SO PEOPLE CAN PARK.

RIGHT NOW, THEY DON'T KNOW WHERE TO PARK.

I'M HOPING FOR YOU, YOU HAVE -- WE APPROVE THAT YOU HAVE 10 OR

15 A DAY. >> WE CAN IMPROVE THE CONCRETE WHERE WE HAVE PARKING LOT FOR EVERY --

>> YOU WILL NEED PEOPLE PARKING. YOU WILL HAVE TO DO SOMETHING THERE TO DIRECT THE PEOPLE TO WHERE THEY ARE GOING TO PARK, WAIT FOR OIL CHANGE. OR THEY DECIDE TO GO DOWN THE STREET. WITH THREE OR FOUR A DAY, YOU

ARE NOT MAKING ENOUGH. >> I DON'T KNOW HOW MANY CARS.

>> THE POINT IS, YOU WILL HAVE MORE CARS THERE.

YOU NEED SOMEPLACE FOR PEOPLE TO PARK.

>> WE HAVE ENOUGH SPACE FOR PEOPLE TO WAIT.

BIG SPACE FOR THEM TO WAIT. >> THAT'S MY CONCERN.

BUILD IT, THEY WILL COME. YOU WILL NEED AN AREA DESIGNATED FOR CARS TO PARK, FIVE TO TEN CARS WAITING FOR OIL CHANGE,

MAYBE MORE, WHO KNOWS. >> OTHER QUESTIONS OF THE APPLICANT? THANK YOU, SIR.

>> THANK YOU, THANK YOU. >> MARCOS, WOULD YOU COME BACK UP. I'M PROBABLY NOT SAYING THIS RIGHT, SO YOU'RE GOING TO HAVE TO HELP ME.

WHEN THIS CAME BEFORE US BEFORE, SEEMED TO ME THERE WAS A CONCERN OF STAFF IF WE ALLOWED THE REQUEST, WE WERE GOING TO LOSE THE ABILITY TO CONTROL THE SITE IN THE FUTURE FOR ZONING.

[01:35:03]

AM I RIGHT ABOUT THAT? >> NOT FROM A ZONING.

THE ZONING WOULD STILL STAY COMMERCIAL.

IT WOULD JUST HAVE THAT PERMIT ASSOCIATED, THE SPECIFIC USE PERMIT, SUP. LIKE OVERLAYING ON THE PROPERTY, BUT THERE WOULD BE A TERMINATION CLAUSE ASSOCIATED WITH THE SUP.

SO IF THE PROPERTY GOES VACANT FOR SIX MONTHS OR I THINK IT MIGHT BE 180 DAYS, THEN YOU LOSE THE USE.

IF IT GOES FOR -- BUT IN THIS PARTICULAR CASE, THIS IS A ZONING REQUEST, SO THE ZONING REQUEST STAYS WITH THE PROPERTY UNLESS SOMEBODY REZONES THAT PROPERTY.

SO THAT'S A CONCERN. WHEN WE DID TAKE THAT TO CITY COUNCIL, COUNCIL DID DENY IT ULTIMATELY.

THEY RECOMMENDED DENIAL. BRINGING THIS BACK BEFORE YOU, THAT PLAYS INTO WHY WE ARE RECOMMENDING DENIAL STILL ON IT,

UNFORTUNATELY. >> OKAY.

>> SO MY CONCERN, WHAT WOULD BE THE PROPER WAY TO FRAME THIS? BECAUSE I UNDERSTAND THE CHAIRMAN'S CONCERN THAT WE CAN'T FRAME THIS AROUND AN OCCUPANCY PERMIT APPLICATION FOR USAGE.

WE CAN'T -- THERE'S NO WAY TO FORM A USEAGE FOR WHEN THIS PARTICULAR TENANT STOPS USAGE, THAT THAT PARTICULAR USAGE WOULD GO AWAY AND IT WOULD BE REAPPLIED IN A NEW WAY.

THERE'S NOT A WAY TO WORK WITH THIS?

>> THE ISSUE YOU HAVE IS [INAUDIBLE].

>> RIGHT. I DON'T HAVE AN ISSUE WITH THIS OWNER WITH THIS USE. BUT I UNDERSTAND THE CHAIRMAN'S CONCERN, I THINK HE IS PROPOSING A CONCERN, THAT IF WE REZONE NOW, WE HAVE GONE INTO A REZONE. THEN IT DOESN'T GO AWAY.

SO HOW CAN WE APPROACH SOMETHING TO WHERE WE ARE ABLE TO LET THIS GENTLEMAN TRY TO MAKE MONEY FOR HIS FAMILY BUT THEN IF HE DECIDES IN FIVE, EIGHT YEARS, I'M NOT GOING TO DO THIS ANYMORE, THAT USAGE WE ARE A LITTLE UNCOMFORTABLE WITH WILL

GO AWAY FOR THE NEXT TENANT. >> THE ISSUE, THE ORDINANCE, THE PACKET OF VIABLE TERMINATION ADDITIONAL USE [INAUDIBLE] IT DOESN'T ELIMINATE TIRE SERVICE. THE TIRE SERVICE -- [INAUDIBLE]

SO THE TIRE REPAIR CAN CONTINUE. >> BUT IT IS THERE BECAUSE OF

THE GRANDFATHERED. >> THIS WOULD MAKE IT PERMANENT.

>> THE TIRE REPAIR. >> YES.

>> THIS WOULD MAKE THE TIRE REPAIR PERMANENT.

>> AND THERE'S NO WAY AROUND THAT?

>> NOT UNDER THIS. >> SO WHAT I'M CONCERNED IS, WE OBVIOUSLY KNEW WHAT THE TENANT WAS TRYING TO DO BEFORE AND, FORGIVE ME, I DON'T KNOW WHETHER IT IS ACCIDENTAL OR JUST THE WAY THE THINGS WORKED OUT, IT CONCERNED ME BECAUSE I DIDN'T REALIZE THIS WILL WE GOT INTO THIS, WE WERE TALKING REZONE.

THEN ONCE I HEARD A REZONE, ORKS WE HAVE DIRTIED THE WATER A LITTLE BIT HERE, HOW ARE WE GOING TO WORK WITH THIS.

ALMOST LIKE WE HAVE BACKED THIS INTO A CORNER TO WHERE IT CAN'T SUCCEED. THERE HAS TO BE A BETTER WAY.

>> THIS GOES BACK TO MORE BASIC POLICY ISSUE OF ESTABLISHING ZONING, ESTABLISHING [INAUDIBLE] WHICH HAS THE IMPACT SOMETIMES OF HAVING SOME USES THAT ARE NONCONFORMING ALLOWED TO CONTINUE. BUT AT SOME POINT, YOU WANT THOSE USES TO GO AWAY. THAT'S THE WHOLE PURPOSE OF ADOPTING THE PLAN. SO BRING GRANTING A PERMANENT ZONING, WHETHER IT BE THROUGH A SUP, THE USE THAT CONTINUES ON OR PD WITH -- AT LEAST AS TO THE TIRE REPAIR, THAT KIND OF ENCAPS ENCAPSULATES OR INGRAINS FORMALIZING.

[01:40:06]

EITHER WAY, WHEN WITH THE SUP APPLICATION FOR THE PREVIOUS CASE OF THIS PROPERTY, OR PD, ONCE YOU HAVE FORMALIZED AND PUT IN AN ORDINANCE AND MAKE IT LEGAL FOR A TIRE SERVICE, YOU NO LONGER HAVE A NONCONFORMING USE. SO AT LEAST AS FAR AS THE WAY THIS WORKS, THE SUP WOULD HAVE ACTED PREVIOUSLY, TIRE REPAIR SERVICE IS GOING TO BECOME PERMANENT AND LEGAL AND BECOME

PART OF OUR DOWNTOWN PLAN. >> ISN'T IT TRUE THAT YOU CAN'T LIMIT A -- OR CAN YOU LIMIT? WE HAVE HAD THIS CONVERSATION MANY TIMES. CAN YOU LIMIT A SUP TO A CERTAIN

OCCUPANCY PERMIT OR AN OWNER? >> CAN YOU, YES.

BUT I WILL TELL YOU THAT IT MAKES NO SENSE TO DO SO BECAUSE YOU ARE TALKING ABOUT GRANTING A USE.

NO MATTER WHO IS OPERATING THAT USE, AS LONG AS THEY COMPLY WITH THE ORDINANCE, COMPLY WITH THE REGULATION FOR THAT USE, IT SHOULDN'T MATTER WHO THE OWNER IS.

NOW YOU ARE PICKING AND CHOOSING BASE THE ON OWNERSHIP NOT CHOOSING BASED ON USE. SO FROM A LAND USE STANDPOINT,

IT MAKES NO SENSE. >> I GUESS THE WAY I AM LOOKING AT THIS IS WE HAVE AN OWNER THERE RIGHT NOW WHO IS IN THE TIRE BUSINESS AND AS LONG AS THAT OWNER IS THERE, THAT'S

PROBABLY NOT GOING AWAY. >> CORRECT.

>> AND THIS OWNER WOULD LIKE TO DO A LITTLE BIT OF OIL CHANGES IN ONE BAY. I REALLY DON'T BELIEVE IT IS GOING TO BE A TON OF CUSTOMERS. BECAUSE IF YOU HAVE EXPERIENCE EXPERIENCEDTIRE APPLICATION, THA TON OF CUSTOMERS ROLLING THROUGH THERE FOR THAT. SO THE WAY I ENVISION IS WHEN THIS TIRE CHANGING TENANT GOES AWAY, THE OIL CHANGING WOULD GO

AWAY WITH THEM. >> BUT IF HE SELLS THE BUSINESS TO ANOTHER PERSON WHO IS GOING TO CONTINUE ON IN THE OIL CHANGE OPERATION, IT IS A CONTINUOUS OPERATION, IN OTHER WORDS --

>> THAT'S MY POINT, THERE. THERE'S NO WAY TO STOP THE SUP AND HAVE THAT IN HIS NAME ONLY TO WHERE THE NEXT OWNER --

>> WHAT SENSE DO THAT MAKE? NOW IT PUTS A CRIMP ON HIM.

IF THIS IS SUCCESSFUL, AT SOME POINT HE WANTS TO SELL IT TO SOMEBODY, THEY WANT TO CONTINUE ON.

HE HAS NO ABILITY TO MAKE MONEY ON THE SALE OF HIS SUCCESSFUL

BUSINESS. >> HE CAN SELL THE BUSINESS AS A

TIRE SHOP AND IT CAN CONTINUE. >> RIGHT.

>> ALL WE ARE TALKING ABOUT IF THE MAN CAN DO AN OIL CHANGE IN

ONE BAY, I HAVE GOT IT. >> TO TELL YOU, ZONING BASED ON A PERSON OR AN OPERATOR VERY SUGGVERSUSTHE USE.

THAT'S WHAT A ZONING IS, THE LAND USE.

PUTS YOU IN A POSITION OF PICKING AND CHOOSING FAVORITES.

I'LL BE HONEST WITH YOU, MY EXPERIENCE, 30 PLUS YEARS OF DOING -- PICKING AND CHOOSING FAVORITES, UNLESS YOU ARE BRINGING THAT OPERATIONAL STANDARDS INTO THE ZONING ORDINANCES ITSELF, SO NO MATTER WHO OWNS IT, MAKES NO SENSE FROM

A LAND USE. >> I UNDERSTAND, THANK YOU.

>> OKAY, ANY FURTHER DISCUSSION OR QUESTION? WHAT'S THE PLEASURE OF THE COMMISSION?

>> [INAUDIBLE]. >> NO, SIR, I'M SORRY.

IT IS. SO IF THERE IS -- WE HAVE NO ONE ELSE TO SPEAK. I DON'T HAVE ANYBODY ELSE LI LISTED. OKAY, I ENTERTAIN A MOTION TO

CLOSE THE PUBLIC HEARING. >> I MAKE A MOTION TO CLOSE.

>> SECOND. >> WE HAVE A MOTION AND SECOND.

ALL IN FAVOR AYE. ANYBODY OPPOSED? NOW THE FLOOR IS OPEN FOR DISCUSSION.

AND/OR ACTION. >> WASN'T THIS DENIED LAST TIME DUE TO THE FACT IT DIDN'T GO ALONG WITH THE MASTER PLAN?

[01:45:02]

>> IN PART. >> THAT'S WHAT I THOUGHT.

>> CORRECT. IT DIDN'T ALONG WITH THE MASTER PLAN BUT GOES IN AS A SUP. I THINK WHEN IT WENT BEFORE THE CITY COUNCIL, IT DID HAVE A 5-1. P&Z IT WAS 6-0, UNANIMOUS DENIAL. TALKING ABOUT THE SUP SIDE OF

IT, WITH COUNCIL, 5-1. >> I MAKE A MOTION TO DENY.

>> SECOND. >> WE HAVE A MOTION AND SECOND.

ANY QUESTION OR DISCUSSION? IF NOT, ALL IN FAVOR OF THE MOTION AYE, ANYBODY OPPOSED? OKAY.

6-1. 5-1.

[009 Conduct a public hearing and consider and act upon an ordinance amending ±7.084 acres within Planned Development District No. 127 (PD-127) pertaining to the use and development regulations. The land is situated within the Benjamin F. Witherspoon Survey Abstract No. 1180. The property is located south of Clancy Lane, between South Walnut Grove Road and Eastgate Road (specifically Tract B as depicted in Ordinance No. 2020-11 and designated as the Community Retail lots) (Case No. Z17-2022-056). ]

THE LAND IS SITUATED WITHIN THE BENJAMIN F. WITHERSPOON SURVEY ABSTRACT NO. 1180. THE PROPERTY IS LOCATED SOUTH OF CLANCY LANE, BETWEEN SOUTH WALNUT GROVE ROAD AND EASTGATE ROAD, SPECIFICALLY TRACT B AS DEPICTED IN ORDINANCE NO.

2020-11 AND DESIGNATED AS THE COMMUNITY

COMMUNITY RETAIL LOTS. >> THIS IS AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT 127. CITY OF MIDLOTHIAN IS THE APPLICANT FOR THIS CASE. WE HAVE REQUESTED TO AMEND THIS ORDINANCE TO DECREASE THE FRONT YARD SETBACKS AND YEAR YARD SETBACKS DUE TO US TRYING TO OBTAIN WALNUT GROVE ROAD FOR OUR RIGHT-OF-WAY. WITH THIS PROPOSED CHANGE IT, WOULD ALLOW ACTUALLY FOR THE BUILDINGS TO MOVE TO THE FRONT OF THE PROPERTY, NONRESIDENTIAL BUILDINGS TO MOVE TO THE FRONT OF THE PROPERTY. ALL THE PARKING LOCATED BEHIND THE PRIMARY STRUCTURES. STAFF DOES RECOMMEND APPROVAL.

WE DID SEND OUT LETTERS TO PROPERTY OWNERS WITHIN 200 FEET.

ZERO IN OPPOSITION, ZERO IN FAVOR.

I CAN ANSWER QUESTIONS. >> QUESTIONS OF STAFF? APPLICANT PRESENT AND WISH TO SPEAK.

>> THE CITY OF MIDLOTHIAN. >> YOU ARE SPEAKING, AS THE

APPLICANT AS WELL. >> I'M MORE THAN HAPPY TO GIVE

ANOTHER PRESENTATION. >> I WILL SAY THAT THE PROPERTY OWNER IS IN FAVOR OF THIS AS WELL.

AGREED TO THIS CHANGE. IT SHOULD BE NOTED THAT THE CHANGE IN THE SETBACK REGULATION ACTUALLY WILL NOT TAKE EFFECT UNLESS AND UNTIL THE PROPERTY LINES CHANGE WITH THESE CONVEYED

RIGHT-OF-WAY. >> OKAY.

I DON'T SHOW ANYONE ELSE TO SPEAK.

WITH THAT, I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

>> I MAKE A MOTION TO CLOSE. >> AND SECOND.

CLOSING THE PUBLIC HEARING, AYE? OPPOSED?

FLOOR IS OPEN FOR ACTION. >> MAKE A MOTION TO APPROVE.

[010 Conduct a public hearing and to consider and act upon an ordinance relating to the use and development of 21.59± acres out of the William W. Rawls Survey, Abstract No. 915, generally depicted in Exhibit “A” hereto, by changing the zoning from Agricultural (A) District and Single Family-One (SF-1) District to Planned Development District No. 153 (PD-153) for Single-Family Residential Uses and Community Retail (CR) uses; adopting development and use regulations for PD-130. The property is generally located at the southwest corner of FM 663 and Autumn Run Drive (Case No. Z16-2022-055). ]

>> WE HAVE A MOTION AND A SECOND.

IT IS UNANIMOUS. 010.

CONDUCT A PUBLIC HEARING AND TO CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 21.59+ ACRES OUT OF THE WILLIAM W. RAWLS SURVEY, ABSTRACT NO. 915, GENERALLY DEPICTED IN EXHIBIT HERETO, BY CHANGING THE ZONING FROM AGRICULTURAL DISTRICT AND SINGLE FAMILY-ONE DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 153 FOR MULTI-FAMILY RESIDENTIAL USES AND COMMUNITY RETAIL USES; ADOPTING DEVELOPMENT AND USE REGULATIONS FOR PD-130. THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF FM 663 AND AUTUMN RUN

DRIVE. >> THIS IS A PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR MIXED USE DEVELOPMENT.

DIRECTLY LOCATED ON THE WEST SIDE OF FM663 DIRECTLY ACROSS FROM 7-ELEVEN. MARCOS PIZZA.

IT ALSO DIRECTLY ABUTS AUTUMN RUN DEVELOPMENT.

YOU HAVE SEEN OTHER REQUESTS COMING BEFORE ON THE SAME PROPERTY, IN THE YEARS PAST. THEY ARE PROPOSING, WHICH IS DIFFERENT, IS A LOT OF THE PREVIOUS REQUESTS WANTED MULTIFAMILY, SINGLE FAMILY RESIDENTIAL DEVELOPMENT, ALL ON ONE LOT, AND HIGH DENSITY. THEY ARE ACTUALLY REQUESTING TO GET AWAY FROM THAT. THEY ARE REQUESTING THAT THIS DEVELOPMENT BE A MIXED USE OF SINGLE FAMILY RESIDENTIAL

[01:50:07]

HOW THE ORDINANCE IS WRITTEN TODAY.

AUTUMN RUN, THE DEVELOPMENT ABUTTING THIS TRACT, THE LOTS RANGE FROM 10,000 SQUARE FEET MINIMUM ON UP.

WITH AUTUMN RUN, HOW THEY ARE DESIGNED, LARGER LOTS LOCATED WHERE YOU SEE THESE PILES, UP FURTHER WEST.

AS YOU COME DOWN, THEY START TO SCALE DOWN IN SIZE.

THE PROPOSED REQUEST WHY THEY HAVE DESIGNED IT THIS WAY, ONCE AGAIN, 7500 SQUARE FEET LOTS, THEY WILL BE PROPOSING SOMETHING A LITTLE BIT DIFFERENT BEFORE ALL OF YOU TODAY REGARDING THOSE SQUARE FOOTAGE OF THOSE LOTS. I WILL TURN TO THEM IN A MINUTE.

THE CONTINUE ON THE PROCESS OF WHAT AUTUMN RETURN DID.

IN ACCORDANCE WITH THE PLAN, URBAN LOW DENSITY MODULE.

RESIDENTIAL USES MIXED WITH LIGHTER COMMERCIAL USE.

YOU ARE SUPPOSED TO HAVE TRAILS. THOSE TWO USES ARE SUPPOSED TO COMPLIMENT ONE ANOTHER. THE RESIDENTIAL IS SUPPOSED TO BE A BUFFER BETWEEN LARGER RESIDENTIAL LOTS.

THE MINIMUM LOT SIZE IN THAT MODULE IS 7500 SQUARE FEET.

SO THEY ARE MEETING THE COMPREHENSIVE PLAN FOR TRACT ONE. ADDITIONALLY, SOMETHING I FAILED TO NOTICE, THEY DID POINT OUT, ON THE SITE PLAN IF YOU LOOK FURTHER, LOCATED ON EACH END OF THESE CUL CUL CULL D CULL D D D.

ONCE AGAIN, COMPLEMENTED WHAT THE COMPREHENSIVE PLAN DOES STATE. THE PROPOSED COMMERCIAL THAT THEY ARE REQUESTING THROUGHOUT UP HERE ON -- ALONG FM663, THEY WILL HAVE A PROPOSED SCHOOL/SLASDAY CARE.

THEY ARE REQUESTING INDIVIDUAL TENANT BUILDINGS, STAND-ALONE QSR BUILDINGS. THEY ARE REQUESTING SOME MULTITENANT RETAIL BUILDINGS. ACCORDING TO THE PARKING RATIOS OF WHAT THESE USES WOULD REQUIRE, ONE SPACE PER 175 SQUARE FEET. THOSE SPACE IN ACCORDANCE OF HOW OUR ZONING ORDINANCE ORDER IS WRITTEN, 10 FEET WIDE, 18 FEET IN DEPTH. THEY ARE MEETING THOSE REQUIREMENTS. THEY HAVE IMPLEMENTED THAT INTO THIS DEVELOPMENT. ADDITIONALLY, THEY ARE REQUESTING IN THIS PD, THEY ARE REQUESTING THAT THEY BE PERMITTED TO HAVE ONE DRIVE-THROUGH BY RIGHT FOR A STAND-ALONE QSR BUILDING AND THEY ARE ALSO REQUESTING TWO DRIVE-THROUGH -- TWO DRIVE-THROUGH USES TO BE PERMITTED BY RIGHT ON ANY BUILDING THAT'S LARGER THAN 8,000 SQUARE FEET AND MULTITENANT.

THERE'S TWO STRUCTURES RIGHT HERE WITH ONE DRIVE-THROUGH.

SECOND ONE, DRIVE-THROUGH. THAT'S WHAT THEY ARE REQUESTING.

STAFF IS RECOMMENDING IN THE ORDINANCE, ALTERNATIVE, ONE QSR BY RIGHT FOR ONE MULTI-TENANT, 8,000 SQUARE FEET.

EVERYTHING ELSE HAS TO COME THROUGH A SUP.

THEY ARE REQUESTING SOMETHING DIFFERENT THAN WHAT'S IN THE ORDINANCE. SOMETHING WE HAVE WORKED HARD WITH THEM ON, WHAT WE HAVE DONE WITH ALL OF YOU, THE ARCHITECTURE WITH THE QSR BUILDINGS.

SIMILAR TO WHAT THE KROGER DEVELOPMENT, WE HAD ARCHITECTURAL ELEVATIONS FOR EVERY STRUCTURE ON THE SITE EXCEPT FOR THOSE QSR INDIVIDUAL TENANT BUILDINGS SUCH AS CHICK-FIL-A, PANDA EXPRESS, PINNACLE BANK, CHILI'S.

THE ORDER ORDINANCE WAS FLEXIBL. AS LONG AS THEY MEET MINIMUM STANDARDS. THEY WERE ALLOWED TO BUILD THAT.

THEY ARE REQUESTING FOR THOSE BUILDINGS, INCLUDING THE DAY CARE, SIMILAR CAPABILITY TO DO THAT.

[01:55:02]

THEY ARE TALKING TO US ABOUT HOW CAN WE -- I TOLD THEM -- I SAID THAT FROM DAY ONE TO THEM. WHAT ARE SOME IDEAS OF WHAT WE CAN DO TO ALLOW -- WHERE IT WOULD GET PLANNING & ZONING AND CITY COUNCIL IN MORE COMFORTABLE POSITION TO PERMIT DRIVE-THROUGHS BY RIGHT. I SHOWED THEM THE DRAFT ORDINANCE THAT WE PRESENT TO ALL OF YOU.

ONCE AGAIN, VERY STRICT, VERY REGULATED.

HEXIT LANES AND QUEUE LENGTHS. IN THE TER TEXT OF THE ORDINANC, THEY ARE REQUIRED TO HAVE THOSE, THEY INCLUDED THAT WITHIN THEIR ORDINANCE. WITH THEIR NONRESIDENTIAL BUILDINGS, PROPOSING VARIOUS ARCHITECTURAL ELEMENTS.

IT C C COMPLIMENTS TO THE NORTH, WITH THE ALDI'S BUILDING, MARCOS PIZZA. AND ALSO WITH THE DEV DEVELOPME, USING VERY SIMILAR BUILDINGS MATERIALS, METAL CANOPIES, EARTH TONE COLORS, DIFFERENT HEIGHTS OF THE ROOF HEIGHTS, DETAILED CORNICES. THEY ARE MAKING MORE PEDESTRIAN SCALE RATHER THAN LARGER, WITH NONRESIDENTIAL STRUCTURES, MORE MINIMALIST DESIGN. THE PROPOSED REQUEST FOR DESIGN IS CONSISTENT WITH THE SURROUNDING AREA.

STAFF DOES RECOMMEND -- WE IN SUPPORT OF THE PROPOSED ELEVATION THEY HAVE IN FRONT OF YOU.

ONCE AGAIN, THIS WOULD BE FACING THE PARKING LOT.

IN THE PARKING LOT ON THE NONRESIDENTIAL SECTION OF TRACT 2, HERE, THERE'S VARIOUS THINGS IN PLACE.

FIRE LANE REQUIREMENTS, THERE IS A VARIABLE 10-FOOD WIDE LANDSCAPE BUFFER BETWEEN PARKING AND BETWEEN THE PROPOSED COMMERCIAL DEVELOPMENT WHICH IS CONSISTENT WITH OUR ZONING ORDINANCE. FEW OTHER THINGS THAT THEY HAVE REQUESTED THAT STAFF DOES NOT AGREE WITH THAT WE ARE RECOMMENDING DIFFERENT. FOR EXAMPLE, WITHIN OUR ORDINANCE WE REQUIRE PERCENTAGE OF THE TREES ON SITE TO BE OVER STORY. I BELIEVE OUR NUMBER IS -- WE REQUIRE ABOUT 80% OF THE TREES LOCATED ON SITE TO BE CONSIDERED OVER-STORY OR SHADE TREES. THEY ARE REQUESTING THAT TO BE DROPPED FROM 80 TO 60 PERCENT. ANOTHER THING IS THE DISTANCE FROM, WE REQUIRE EVERY PARKING SPACE TO BE WITHIN SO MANY FEET OF A TREE. 60 FEET.

THEY ARE REQUESTING THAT TO GO UP TO 80 FEET.

SOME OF THESE THINGS, I BELIEVE, THEY WILL ADDRESS IN THEIR PRESENTATION AS WELL. I APOLOGIES, ABOUT USES, THEY ARE REQUESTING AN AUTO REPAIR SHOP BE ALLOWED BY RIGHT.

THEY ARE ALSO REQUESTING ANY RESTAURANT UNDER 4,000 SQUARE FEET TO BE PERMITTED BY RIGHT AS WELL.

ALL RESTAURANTS OVER ONE THOUSAND SQUARE FEET REQUIRE SPECIFIC USE PERMIT. STAFF DOES HAVE CONCERNS ABOUT THE OVERALL TRAFFIC THAT THE DRIVE-THROUGHS, VARIOUS USES WILL HAVE ON FM663. THIS HAS BEEN A CONCERN THAT WE HAVE HAD FOR MANY MONTHS NOW. , FOR MANY YEARS.

ANY TIME WE HAVE A CASE ON FM663, IT GOES BACK TO TRAFFIC AND IMPACT IT IS GOING TO HAVE. SO WE DO HAVE THOSE CONCERNS AS LISTED IN OUR STAFF REPORT. BECAUSE OF THOSE CONCERNS, WHAT WILL HAPPEN ALONG FM663, STAFF DOES RECOMMEND DENIAL DO TO THAT. I DO WANT TO STATE THAT EVERYTHING ELSE, THE RESIDENTIAL WE ARE IN SUPPORT OF.

WE DO FEEL THAT IT MEETS COMPETENCE PLAN.

IT IS A NICE TRANSITION BETWEEN THE EXISTING [INAUDIBLE] LOTS AND PROPOSED RESIDENTIAL AND PROPOSED FM663.

STAFF IS IN SUPPORT OF LOT SIZES, NUMBER OF LOTS, WHERE RESIDENTIAL IS COMING OUT. THEY ARE WORKING WITH AUTUMN RUN TO CONNECT AND INCORPORATE INTO THE AUTUMN RUN HOA.

WE DO RECOMMEND DENIAL. STAFF MAILED OUT NOTICES TO 200

[02:00:03]

WE DID RECEIVE THREE LETTERS OF SUPPORT OUTSIDE THE 200 FEET -- THEY ARE WITHIN THE 200 FEET BUT PROPERTY OWNERS.

OF THE SUBJECT PROPERTY.

THIS ITEM DOES REQUIRE PUBLIC HEARING, I CAN ANSWER ANY

QUESTIONS AT THIS TIME. >> ONLY TWO QUESTIONS ABOUT WHAT YOU SUBMITTED. THE LOTS THAT ABUT ARE HOW MANY

SQUARE FEET. >> 1010,000 QAIR SPHEET.

>> 10,000 SQUARE FEET. >> AND THE RETAIL, THE SUP REVIEW FOR APPLICATIONS THAT WOULD BE BY RIGHT.

I WANT TO MAKE SURE I AM CLEAR WHAT YOU MENTIONED A MOMENT AGO, STAFF WOULD DENY THE RETAIL PORTION BUT YOU ARE IN FAVOR OF THE RESIDENTIAL. DO I UNDERSTAND YOU CORRECTLY?

HOW THE CURRENT ORDINANCE. >> WOULD YOU BE MORE APT TO SUPPORT THE RETAIL IF EACH OF THOSE USAGE APPLICATIONS OR WHICHEVER ONES YOU MENTIONED WERE REVIEWED ON A REGULAR BASES

ON NEW TENANT. >> I THINK IT WE WOULD BE MORE OPEN TO IT. WE WOULD BE ABLE TO BETTER SEE THE IMPACT AS IT ACTUALLY DEVELOPS.

WE WOULD BE MORE OPEN TO IT. >> THANK YOU.

>> TRENTON, I WANT TO FOLLOW UP ON HIS QUESTION.

ON THE NORTH SIDE OF THAT, IS THAT HUNTERS GLENN?

>> THE NORTH SIDE OF THIS, AUTUMN RUN, HUNTERS GLEN.

>> YOU ANSWERED HIS QUESTION ABOUT THE -- SECT, WHAT ARE LOT

SIZES IN HUNTERS GLENN. >> VARIETY OF LOT SIZES.

>> ADJACENT TO THIS PROPERTY. >> THIS IS ALL AUTUMN RUN.

THESE LOT, 10,000 SQUARE FEET. THIS SECTION RIGHT HERE Z -- I

NEED TO GO BACK AND LOOK. >> THE LOTS ABUTTING THIS DEVELOPMENT ARE 10,000 SQUARE FEET.

>> THESE ONES DOWN HERE IN AUTUMN RUN.

>> AND HUNTERS GLENN IS 9,000, I BELIEVE.

>> I WOULDN'T BE ABLE TO ANSWER THAT.

I WILL GO BACK AND LOOK. >> I'M 99% SURE THEY ARE 9,000,

THANK YOU. >> OKAY.

IF I'M NOT MISTAKEN, ALL ON 663, SOUTHBOUND, ALL ALONG THE FRONT OF THIS PROPERTY, THERE ARE TWO SOUTHBOUND LANES, ONE OF THEM IS A RIGHT TURN ONLY LANE, IS THAT CORRECT?

>> IT GOES ALL THE WAY, EVENTUALLY GOES RIGHT TURN ONLY.

>> IT DEAD ENDS RIGHT THERE. IF THURP THEY WERE GOING NORTHB, THEY CROSS TWO LANES OF TRAFFIC PLUS MEDIAN.

POINT OUT TO ME ON THAT MAP RIGHT THERE WHERE 7-ELEVEN IS.

>> 7-ELEVEN IS APPROXIMATELY RIGHT HERE.

>> OKAY. AND WHERE ARE THE --

>> THIS IS THE RETAIL CENTER. 7-ELEVEN IS HERE IN THIS CORNER.

>> WHERE THE TWO ENTRANCES TO THIS DEVELOPMENT GOING TO BE?

>> SO ONE OF THEM DOES LINE UP WITH 7-ELEVEN.

AND THE OTHER ONE IS RIGHT HERE. >> AND THESE ARE NOT GOING TO BE CONTROLLED ACCESS. THERE IS NO LIGHTS OR ANYTHING

THERE. >> NO, NOT FOR THESE TWO POINTS

RIGHT HERE, AT THIS POINT. >> OKAY.

THANK YOU. >> I DO APPLICANT DOES HAVE A

PRESENTATION FOR ALL OF YOU. >> ANY OTHER QUESTIONS FOR STAFF. IF THE CONFLI APPLICANT WANTS TE FORWARD, IDENTIFY YOURSELF, PROCEED.

>> VICTORY REAL ESTATE GROUP REPRESENTING THE OWNER, FUTURE DEVELOPER OF THE PROPERTY SO WE CAN WORK THROUGH THE CASE.

I WILL WAIT FOR THE PRESENTATION TO GET UP.

A LITTLE BIT ABOUT US, WE ARE A MULTITENANT MIXED USE DEVELOPER AROUND DFW. THIS IS OUR FIRST DEVELOPMENT IN MIDLOTHIAN AND WE HAVE BEEN WORKING WITH THE BIRD FAMILY NOW FOR 6, 7 MONTHS AS WELL AS STAFF TRYING TO FINE TUNE OUR

[02:05:01]

THE MULTI-TENANT STRIP CENTER. WE ARE SURROUNDED BY THE AUTUMN RUN DEVELOPMENT AROUND THE SIDE OF US.

AS YOU CAN SEE ON OUR -- UP HERE, THE WAY WE APPROACHED THE DEVELOPMENT, THERE'S AN OVERALL COMPREHENSIVE PLAN.

THE OVERALL COMPREHENSIVE PLAN IS URBAN LOW DENSITY MODULE.

AS YOU CAN SEE, DEFINED IN THE COMP PLAN, LABELED TO BE A TRANSITION FROM SINGLE FAMILY RESIDENTIAL HOUSES TO BE A TRANSITION POINT OF SINGLE FAMILY BETWEEN TRADITIONAL SINGLE FAMILY, LARGER LOTS, TO HIGHER DENSITY USES THAT WILL BE ABUTTING THAT. THE WAY WE FIRST LOOKED AT THE PROPERTY WAS YOU WILL SEE THE AUTUMN RUN SUBDIVISION UP ABOVE US. WE CAME THIS WITH 7500 SQUARE FOOT LOTS TO LIVE BY THE COMPREHENSIVE PLAN.

TO SHOW THAT VARIATION BETWEEN THE TRADITIONAL SINGLE FAMILY, COMING THIS WITH A LITTLE BIT MORE HIGHER DENSITY, SMALLER LOT SIZES, THAT BRINGS US TO THE RETAIL WHICH IS CONSIDERED HIGHER DENSITY USE. IN ADDITION, IN THE COMPREHENSIVE PLAN, AS YOU CAN SEE, WHAT IT SAYS IS THAT THE LOW DENSITY MODULE, SINGLE FAMILY DETACHED PLANS, AND DUPLEX HOMES, WHICH WE ARE NOT PROPOSING, WITH INCREASED PEDESTRIAN ACCESS TO COMMUNITY SERVICES THROUGH SHORTER BLOCK LENGTHS, NARROWER STREETS, GREEN BETSBELTS, HIKE AND BIKE TRAILS.

SMALL USE -- SECONDARY COMPONENT AND LOCATED IN A MATTER THAT COMPLIMENTS THE URBAN USES. WHAT WE HAVE DONE HERE, WE PROVIDED THE SMALLER LOT SIZES FOR -- BASED ON THE COMP PLAN, 7500 SQUARE FEET. NOW, THE WAY WE HAVE WRITTEN THE ORDINANCE, 7500 IS THE SMALLEST IT CAN GO.

THAT DOESN'T MEAN WHEN THE FINAL BUILDER COMES IN, THEY ARE NOT LARGER LOT SIZES. FOR US, WE ARE PRESENTING AN ORDINANCE THAT MEETS THE COMP PLAN, MINIMUM 7500.

IT COULD CHANGE AND WE WON'T KNOW THAT UNTIL THE FINAL PLAT, THE FINAL LOT SIZES WITH THE HOME BUILDER AND COMMUNITY READY TO COME TOGETHER. SO FROM A LOT SIZE PERSPECTIVE, WE ARE OPEN ON THAT. I WANT TO MAKE THAT COMMENT IN FRONT OF THE BOARD TODAY. AS YOU COME IN NOW, COMING TO THE RETAIL, STICKING TO THE COMP PLAN, SMALL SCALE RETAIL AND OFFICE USES IS WHAT MULTI-TENANT RETAIL IS.

IF YOU LOOK AT WHAT WE HAVE DONE, WE ARE ASKING FOR COMMUNITY RETAIL ALONG THE FRONTAGE OF THIS.

COMMUNITY RETAIL, IF I UNDERSTAND, IT IS COMMUNITY RETAIL IS PERMITTED TO LIMITED AREA OF SERVICE ESTABLISHMENT, RETAIL STORES FOR THE BENEFIT OF THE ADJACENT RESIDENTIAL DEVELOP MANY. THE DEFINITION OF COMMUNITY RETAIL. SO SERVICE ORIENTED BUSINESS WOULD BE RESTAURANTS, WOULD BE DENTAL OFFICE, OPTOMETRIST WOULD BE SERVICE USES. VETERINARY USES WOULD BE SERVICE USES. ALL THESE USES ARE SIMILAR USES THAT WE GET IN THESE MULTI-TENANT WE HAVE BUILT ACROSS DFW. WE WILL SHOW YOU SLIDES AT THE END OF THE PRESENTATION, WHAT WE ARE DOING, TRYING TO STAY WITHIN THE COMP PLAN AND WHAT THE VISION OF THIS AREA IS.

BY BRINGING IN THE COMMUNITY RETAIL HERE, WE ARE STARTING ON THE LEFT, ASKING FOR THE DAY CARE, ALLOWED BY RIGHT UNDER THE COMMUNITY RETAIL. WE LEFT A PAD BUILDING ALONE.

THAT COULD BE A FEW C FUTURE QSO WILL COME IN LATER.

WE HAVE A NATIONAL AUTOMOTIVE USER INTERESTED IN THE THIRD PAD. THEY WOULD BE ABLE TO LIVE BY THE DESIGN STANDARDS AND DESIGN GUIDELINES FOR THE OVERALL DEVELOP MANY. THE NEXT PAD, WE HAVE SEVERAL USERS THAT ARE INTERESTED HERE. AS TRENT MENTIONED, IT IS A QSR PAD THAT WE ARE LOOKING AT HERE. AS YOU CAN SEE, THAT IS A TEN-CAR STACK. WE HAVE ALLOWED ADDITIONAL

[02:10:01]

ANOTHER 10, 15 CARS METRO POLICE ON EACH ONE OF THOSE.

ESCAPE PLAN ON THE OUTSIDE. WE ARE ASKING FOR BUILDING 5 AND 7. BUILDING 5 I HAVE A NATIONAL COFFEE/DOUGHNUT USER INTERESTED IN THE SITE.

I BUILT A SIMILAR DEVELOPMENT FOR THEM IN RICHARDSON, TEXAS, THAT WE WILL SHOW YOU. THE TYPICAL DRIVE TIME IS 150 SECONDS. 10-CAR STACK.

THE ORDER POINT IS GOING TO END UP BEING 5 CARS BACK FROM THAT POINT. THEY HAVE FOUR CARS FROM THE WINDOW, ORDER POINT, NEXT FIVE CARS.

THEY ARE STACKING AND THEIR OVERFLOW WOULDN'T BE AN EFFECT ON THIS BUILDING. WE HAVE ANOTHER 40 FEET TO STACK ANOTHER TWO CARS. THIS STACKING EXHIBIT SHOWS THE CARS BEING SIZE OF 10 BY 20. SO THAT WOULD BE A LARGE-SIZED SUV OR SUBURBAN OR THINGS OF THAT NATURE.

THE NEXT BUILDING HERE, WE ARE SHOWING IT AS MULTI-TENANT RETAIL BUILDING. IN THE EVENT THAT NEEDED A DRIVE-THROUGH IN THE FUTURE, THAT WOULD BE SUBJECT TO SUP THAT WOULD COME BEFORE P&Z COUNCIL.

BUILDING 7, COUPLE DIFFERENT ACTIONS.

WE HAVE A FAST CASUAL RESTAURANT INTERESTED IN A DRIVE-THROUGH.

ALSO A NATIONAL SMOOTHIE TENANT INTERESTED IN A DRIVE-THROUGH.

SO THE REASON WE ARE ASKING FOR THESE SPECIFIC THREE DRIVE-THROUGHS AND AUTOMOTIVE IS BECAUSE WE HAVE THE USERS IN HAND. IF WE COME BACK FOR ADDITIONAL SUP, ANOTHER 90 TO 100 DAY PROCESS BEFORE WE CAN START THE DEVELOPMENT. WE ARE ALREADY GOING THROUGH A ZONING CASE NOW, WE HAVE THE POTENTIAL USERS, OUR THOUGHT WAS LET'S PUT THESE ALLOWED USES INTO THE PD.

IT IS A D DISCRETIONARY PERMIT. WE ARE OPEN TO DIFFERENT WAYS OF TALKING ABOUT SPECIFICALLY ON THE AUTOMOTIVE PIECE, WHAT WE CAN DO IF THAT USE GOES AWAY. WE CAN PUT CONDITIONS ON THOSE ITEMS. THIS IS THE REASON WE CAME FORWARD WITH THE APPLICATION WITH THE USES AS WE HAVE PRESENTED BEFORE YOU TODAY. I WILL GO BACK TO THE COMP PLAN.

AS YOU CAN SEE ON THE COMP PLAN, ONE OF MAIN THINGS WAS BLOCK LENGTHS. AS YOU CAN SEE ON OUR SITE PLAN, SHORTER BLOCK LENGTHS. 255 FEET.

IF YOU LOOK AT THE NEWEST PHASE OF AUTUMN RUN, SHORTEST IS 140 FEET, JUST TWO LOTS. THAT'S BECAUSE IT IS ON THE VERY EDGE OF THE DEVELOPMENT THERE. BUT IF YOU LOOK AT THE TYPICAL BLOCK LENGTH OF WHAT IS AROUND US, THAT'S 440 FEET.

AGAIN, WE ARE ABIDING BY OVERALL COMP PLAN FROM THE STREET'S PERSPECTIVE, THE STREETS THAT WE ARE PROVIDING WITHIN THE RESIDENTIAL DEVELOP MANY ARE NARROWER.

THEY ALLOW FOR PEDESTRIAN FRIENDLY ENVIRONMENT.

WE HAVE WALKABILITY TO GET TO THE RETAIL THAT FEED THE RESIDENTIAL ADD ADJACENT TO IT. IN THE STAFF REPORT, THERE WAS A COMMENT OF THE VISION OF WHAT A PD SHOULD BE.

A PD IS SUPPOSED TO BE PUT TOGETHER TO ALLOW FLEXIBILITY, ENCOURAGE CREATIVE EFFICIENT, AESTHETIC DESIGN, CIRCULATION PATTERNS AND PARKING FACILITIES. I WANTED TO TOUCH ON THOSE ITEMS, UNDER OUR PD, IF YOU LOOK AT THE RESIDENTIAL AND NONRESIDENTIAL STANDARDS, WE ARE ACTUALLY ABLE TO ACCOMMODATE ONE OR MORE OF THESE CONDITIONS OF EACH ONE OF THEM WITHIN THE PD BY CREATING THIS MIXED USE PROJECT THAT WE ARE TRYING TO CREATE. SPEAKING ON EACH ONE OF THOSE, THE RESIDENTIAL USES AND THE NONRESIDENTIAL USES ALL HAVE THE LAND USES THAT ARE ABUTTING EACH OTHER TO BE ABLE TO SHOW THAT MIXED USE AND CONNECTIVITY BETWEEN RETAIL AND RESIDENTIAL.

WE ARE MEEG MEETING THE OVERALLP PLAN BY PROVIDING THOSE CONNECTIVITIES AND COMMUNITY SERVICES AND RETAILS AND OFFICE USES THAT WE'RE GOING TO BRING IN THE COMMUNITY RETAIL PORTION OF THE PROPERTY. THE PERMIT PLEXAB FLEXIBILITY IE REASON WE ARE BEFORE YOU. SOMETIMES THERE ARE MINOR THINGS BECAUSE OF SITE CONSTRAINTS OR THINGS OF THAT NATURE WE ARE TRYING TO ACCOMMODATE TWO DIFFERENT TRACKS TO MARRY

[02:15:01]

WE WILL FINE TUNE THIS. EVERY USER ON THE LOT WILL BE SUBJECT TO OUR SIMILAR COLORS, SIMILAR DESIGNS, MAKING SHEER THE MASONRY STANDARDS UP HOLD. WE DO THAT IN OUR DEVELOPMENT OURSELF. WE DON'T WANT TO HAVE A BUILDING LIKE THIS NEXT DOOR TO A BUILDING THAT IS ALL BROWN OR ALL WHITE OR DOESN'T MATCH. WE ARE TRYING TO CREATE A COHESIVE DEVELOPMENT THAT FLOWS FROM PAD ONE TO PAD SEVEN.

ALSO FROM A PARKING PERSPECTIVE, AS YOU CAN SEE OVERALL ON THE RETAIL, WE HAVE PROVIDED A TOTAL OF 331 PARKING SPACES.

THE ACTUAL REQUIRED SPACES IS 320.

SO WE HAVE ADDITIONAL 11 SPACES THAT ARE SPREAD OUT.

IF YOU LOOK AT THEM ON INDIVIDUAL PAD BASIS, WE MEET THE PARKING REQUIREMENTS FOR EACH ONE OF THEM EXCEPT FOR THIS BUILDING HERE, WHICH THE REASON YOU ARE SEEING 4500 SQUARE FEET BUILDING ON THAT BECAUSE WHEN YOU COME IN FOR A CONCEPT PLAN OR SUP, I DON'T KNOW IF THAT BUILDING IS BIGGER OR SMALLER, IF I HAVE TO LIVE BY 19 PARKING SPACE, I NEED 1900 SQUARE FEET BUILDING. WE UNDERSTAND THOSE THINGS.

USERS UNDERSTAND THOSE THINGS. IT DEPENDS ON WHO THE FINAL USER IS AND WHAT THAT SITE PLAN WILL LOOK LIKE WHEN WE BRING IT BACK TO THE DEVELOPMENT REVIEW DIR, WHICH WOULD MEET ALL OF THE STANDARDS AND EVERYTHING THAT WE WOULD HAVE BEFORE YOU ALL.

HERE'S THE LIST OF VARIANCES OF WHAT WE ARE REQUESTING VERSUS WHAT IS STANDARD IN THE USES. FROM A SIGNAGE PERSPECTIVE, OUR ORIGINAL IN ORDINANCE WAS REQUESTING FOR OFF PREMISE SIGNAGE. WE DIDN'T KNOW IF WE HAD TWO MONUMENT SIGNS ORV OR INDIVIDUAL SIGNS.

WE HAVE GONE AWAY FROM A COUPLE LARGE SIGNS TO MONUMENT SIGNS FOR EACH PROPERTY. WE ARE OKAY IF THAT IS REMOVED FROM THE ORDINANCE. INTERNALLY LIT VERSUS EXTERNALLY LIT SIGNS. THAT'S PREFERENCE.

WE LIGHT INSIDE THE STRUCTURE. THAT'S A PREFERENCE.

WE ARE OPEN TO WORKING WITH STAFF ON THAT ITEM AS WELL.

FROM A WALL SIGNAGE PERSPECTIVE, SO ALL WALL SIGNS HAD TO BE 150 SQUARE FEET ACCORDING TO THE STANDARDS.

AS YOU CAN SEE, WE HAVE A 13,000 SQUARE FEET, 7 TENANTS.

IF I BREAK DOWN 150 SQUARE FOOTT BY 7, THERE IS NO SIGNS FOR THE TENANTS. WE ARE PROPOSING 250 SQUARE FEET FOR BUILDINGS UNDER 12,000 SQUARE FEET.

AND 450 SQUARE FEET FOR OVER 12,000 SQUARE FEET.

THE KROGER PD HAS 8,000 SQUARE FEET, ALLOWED TO HAVE UP 250 SQUARE FEET OF SIGNAGE. 8,012,000 ALLOWED TO HAVE 300 SQUARE FEET OF SIGNAGE. AS YOU KNOW, SIGNAGE AND VISIBILITY IS VERY IMPORTANT FOR PEOPLE AND THEIR SUCCESS ON BEING ABLE TO CONTINUOUSLY OPERATE FOR THE TEN-YEAR TERMS THEY ARE TYPICALLY SIGN UP FOR. FROM A USE PERSPECTIVE, WE ARE ASKING FOR RESTAURANTS UP TO 4,000 SQUARE FEET BE ALLOWED BY RIGHT. CURRENT ORDINANCE REQUIRES EVERY RESTAURANT UNDER -- TO BE ALLOWED BY RIGHT.

I WILL TALK ABOUT MORE ABOUT SITE PLANS AND PATIOS AND THINGS OF THAT NATURE HERE SHORTLY. WE ARE ASKING AS WE TALKED ABOUT PREVIOUSLY TWO DRIVE-THROUGHS BE ALLOWED BY RIGHT FOR MULTI-TENANT BUILDINGS ABOVE 8,000 SQUARE FEET.

ONE DRIVE-THROUGH ALLOWED BY RIGHT FOR ONE FREESTANDING, QSR OR RESTAURANT. THEN ONE MINOR AUTOMOTIVE REPAIR TO BE ALLOWED BY RIGHT. THOSE WOULD BE OUR USES WE ARE ASKING FOR. WE ARE ASKING FOR VARIANCE FROM 125 TO 100. THE REASON THAT IS IS, AGAIN, JUST HAVING THE PLEXA FLEXIBILIM THE PADS, ON THE SIZE OF THE PADS FOR USERS, HOW THEY LAY OUT THOSE PROPERTIES, WE WILL ABIDE

[02:20:04]

SO IN A THAT WOULD BE A VARIANCE ARE ASKING FOR OFF OF THE -- TRYING TO MARRY THE TWO USES OF RESIDENTIAL AND COMMERCIAL.

FROM LANDSCAPING PERSPECTIVE, TRENT TOUCHED ON IT.

OVERSTORY TREES IS 50%. WE ASKED FOR 30.

WE LOOKED AT IT, WE ARE OPEN TO WORKING WITH STAFF ON THAT AS WELL. INTERIOR LANDSCAPE BUFFERS IN BETWEEN LOTS, AS YOU WILL SEE ON OUR SITE PLAN, WE HAVE A COUPLE LOTS THAT ACTUALLY HAVE LOT LINES DOWN THE MIDDLE OF THE ACCESS DRIVE. SO WE ARE NOT ABLE TO PROVIDE LANDSCAPE IN THOSE AREAS WHICH IS WHY WE ARE ASKING FOR THAT VARIANCE. ON THESE OTHERS, YOU SEE IN OUR LANDSCAPE PLAN WE ARE SHOWING SOME LANDSCAPE BUFFERS AND SOME GREEN IN BETWEEN THOSE LOTS THERE ALONG THE LOT LINES.

THE NEXT VARIANCE ON LANDSCAPING IS ALL TREES WITHIN THE PARKING ARE REQUIRED TO BE WITHIN 60 FEET OF EACH OTHER.

WE ARE ASKING FOR 80. WE HAVE GONE BACK AND LOOKED AT IT, WE CAN MEET THE 60-FOOT DISTANCES, ANOTHER ONE WE ARE HAPPY TO WORK WITH STAFF ON. OUR PARKING DIMENSIONS, AGAIN, WE ARE AT 10 BY 18 ON THE PARKING DIMENSIONS.

THERE WAS SOME CONVERSATION ABOUT 10 BY 20.

BUT I THINK WE WERE ABLE TO LOOK AT THE ORDINANCE AND WE ARE ABIDING WITH THE ORDINANCE OF 10 BY 18.

WE TALKED ABOUT THE DRIVE-THROUGHS, I WILL WAIT TO GET INTO THAT IN CASE ANYBODY HAS ANY QUESTIONS.

ALSO, FROM RESTAURANT PERSPECTIVE, AS YOU CAN SEE, WE ARE PROVIDING PATIOS ON ALL OF OUR BUILDINGS BECAUSE WE KNOW AND THROUGH OUR EXPERIENCE WITH THE DEVELOPMENTS, ALSO WITH THE WAY THAT THE CONSUMER HAS CHANGED FROM A PURCHASING POWER WITH THE CHANGES OF COVID. DRIVE SHARES IS A BIG THING ON DELIVERING. SO HAVING DEDICATED PICKUP SPOTS, HAVING DRIVE-THROUGHS FOR PICKUP WINDOWS OR ORDERING IS REALLY BEING FOR BOTH CONSUMER AS WELL AS HAVING OUTDOOR DINING AND PATIO AREAS, SOMETHING THAT WE ARE BUILDING INTO ALL OF OUR DEVELOPMENTS TO MAKE SURE WE CAN ACCOMMODATE THESE USERS AND RESTAURANTS, AS WELL AS CONSUMER WHO PREFERS, A LOT OF US PREFER TO SIT OUTSIDE WHEN IT IS NOT FREEZING COLD WEATHER.

THOSE ARE THINGS WE ARE INCORPORATING INTO OUR DESIGN.

THE BIGGEST THING, OTHER THAN THE DRIVE-THROUGH, TO TALK ABOUT THE TRAFFIC. WE CAN GET -- I KNOW STAFF TOUCHED ON THE TRAFFIC A LITTLE BIT HERE.

THIS EXHIBIT SHOWS YOU WHAT IS EXISTING TODAY.

TODAY HERE IS 7-ELEVEN. OUR DRIVE LINES UP EXACTLY IN LINE WITH WHERE THE 7-ELEVEN WOULD BE.

SECOND DRIVE, MID-WAY POINT. TODAY ONCE YOU PASS AUTUMN RUN, UNTIL YOU GET INTO THE DECEL LANE TO BIRD RANCH.

AN ONE-RAY ROA-WAY ROAD ALL T DOWN.

EXISTING TURN LANE, 7-ELEVEN NORTH TO AUTUMN RUN, BIRD RANCH SOUTH BACK AND JUST KEEPS GOING, I COULDN'T TELL YOU OFF THE TOP OF MY HEAD HOW FAR IT GOES. WHAT WE ARE PROPOSING IS WE ARE PROPOSING, AND WE HAVE BEEN HAVING DISCUSSIONS WITH CITY STAFF AND TXDOT. WE HAD A CALL TODAY WITH BOTH PARTIES, WHAT WE ARE PROPOSING HERE IS TO TAKE THE BROWN MIDDLE TURN LANE AND EXTEND IT ALL THE WAY THROUGH TO BIRD RANCH, A FULL MIDDLE TURN LANE IN THERE. WE ARE PROPOSING TO PUT TWO DECEEL LANES INTO EACH ONE OF TE ENTRY POINTS OF OUR SITE.

ON THE DRIVEWAY EXIT POINTS, SHOWING TWO EXIT POINTS SO THERE WILL BE AN ONE DEDICATED RIGHT TURNOUT AND SECOND ONE WITH A LEFT AND RIGHT TURNOUT, THAT WILL HELP THE CONGESTION ON THE SITE FROM STACKING UP. AND THEN WE WOULD MAINTAIN THE DECEL LANE ON TO BIRD RANCH, AND RED DECEL HAPPENING HERE.

WE ARE MIDDLE OF FEELING OUT DOES THIS HAVE TO BE EXPANDED SLIGHTLY? WE ARE WORKING WITH TXDOT AND CITY. FROM A TRAFFIC PERSPECTIVE, TODAY FM663 OPERATES AT OVER CAPACITY.

[02:25:05]

SIX MONTHS OUT BEFORE BEING LET OUT TO BID.

18 MONTHS FROM THAT BEING DELIVERED.

THAT'S MY UNDERSTANDING OF THE TIMELINE TODAY OF WHAT THAT LIGHT HAPPENS HERE. SO FM663, IF IT STAYS AS TODAY, NOTHING HAPPENS ON THE DEVELOPMENT, IT IS ALREADY AT OVERFLOWED CAPACITY. ALL WE CAN DO IS WORK WITHIN THE CONFINES OF WHAT WE HAVE, THE EXISTING WIDTH OF THE ROAD TODAY TO BE ABLE TO PROVIDE BETTER CONDITIONS FOR THE DEVELOPMENT.

WE ARE ALSO KEEPING THE COMMERCIAL AWAY FROM THE RESIDENTIAL. THERE IS NO CROSS CONNECTIVITY FROM THE COMMERCIAL TO THE RESIDENTIAL SO THE RESIDENTIAL WOULD EXIT OUT. THE COMMERCIAL WOULD BE CONDENSED TO IN AND OUT OF THE IMPROVEMENTS WE WOULD BE MAKING ALONG FM663 SINGLE FAMILY POINT. I THINK THAT COVERS MOST OF THE ITEMS. I WANTED TO COVER WITH YOU ALL.

I CAN GET THROUGH A FEW PROJECTS THAT WE HAVE DONE IN THE PAST.

THIS IS A SMALL MULTI-TENANT RETAIL CENTER WE JUST DELIVERED FOR ONE OF OUR USERS. AS YOU CAN SEE, 2,000 SQUARE FEET IS A DENTIST IN THE MIDDLE THERE.

TO THE WE WERE ON SITE, WE PROVIDED TEN-CAR STACK ON THIS PROPERTY, WAY OVER THE CURRENT ORDINANCE.

AS YOU CAN SEE, AS WE WERE OUT THERE TODAY, TWO CARS STACKED UP AND THEN AS YOU GET FURTHER BACK, MAYBE THREE CARS FROM THE OVERPOINT. FOUR CARS.

BECAUSE OF THE QUICKNESS OF HOW THEY MOVE THROUGH THE DRIVE-THROUGH. I'M PROVIDING ANOTHER, THIS IS ANOTHER 26 ACRES THAT WE HAVE HERE, I'M SHOWING THIS BECAUSE TO LOOK AT THE DENSITY OF THE RETAIL AND THE PARKING AND THE USES THAT WE HAVE GOTTEN, TO BE ABLE TO COME INTO OUR DEVELOPMENTS, WHAT WE WANT TO DO IS BRING HIGH QUALITY RESTAURANTS AND USERS TO THE CITY OF MIDLOTHIAN THAT WILL BENEFIT AND FIT WITHIN WHAT WE ARE TRYING TO DO HERE.

THIS IS A PROPERTY WE HAVE IN FORTWORTH.

FORT WORTH. A COMBINATION OF OFFICE AND SERVICE ORIENTED USES. AS AN EXAMPLE THAT WE ARE DOING HERE. THIS IS THE BUILDING THAT'S ADJACENT TO THAT ONE, JUST DELIVERED.

JAMBA JUICE ON ONE SIDE. CITY VET, FAST AND FURIOUS RESTAURANT, SUSHI RESTAURANT. RACHEL'S MEDITERRANEAN GRILL, SMALL NAIL SALON, NYC SUGARING. THIS IS ANOTHER 26-ACRE MIXED USE DEVELOPMENT WE HAVE UP THIS FORT WORTH.

THE DRIVE-THROUGH, RETAIL, WEF E HAVE OUR AUTOMOTIVE BLENDED IN WITH OUR QSRS. SIMILAR TO THE PADS WE ARE PROPOSING TO PUT OUT ON THIS PROPERTY AS WELL.

THIS IS THAT BUILDING THIS MORNING.

YOU CAN SEE BUILDING 2, ATHLETICO PHYSICAL THERAPY.

THIS IS ANOTHER PROJECT IN PROSPER, SOME OF THE USES AND THINGS WE HAVE. TO GIVE YOU GUYS AN OVERVIEW OF SOME PROJECTS WE HAVE DONE. SOME OF THE DENSITIES THAT WE HAVE CREATED AND USES THAT WE COULD HELP BRING TO THE COMMUNITY, SHOWING HOW WE BLENDED THE COMP PLAN WITH THE

VISION OF WHAT OUR CONCEPT IS. >> QUESTIONS OF THE APPLICANT?

SORRY, SIR, WERE YOU DONE? >> I'M DONE.

>> QUESTIONS OF THE APPLICANT? >> SO THE DECEL LANES THAT YOU ARE DOING, THOSE ARE IN ADDITION TO THE -- TURNING LANES, THOSE ARE IN ADDITION TO THE FOUR, I GUESS, THAT ARE ACTUALLY THERE?

>> THERE'S TWO HERE TODAY. SO YOU HAVE THIS HERE AND THIS HERE TODAY. WE WOULD BE ADDING TWO DP GREEN DECEL ACCORDING TO TXDOT AND CITY STANDARDS.

>> YOU HAD ME WITH MARBLE SLAB, I'M JUST SAYING.

>> HOW MANY DRIVE-THROUGHS POTENTIALLY DID YOU SAY OR

[02:30:02]

DO YOU HAVE ANY TYPE OF A -- OR EVEN -- I'M ASKING STAFF TO TAKE MY QUESTION INTO CONSIDERATION, DO YOU HAVE A STUDY ON THE VOLUME OF TRAFFIC YOU ARE BE RON AVERAGE USAGE? I THINK, MIKE, ARE YOU GOING TO HAVE SOME OF THAT POSSIBLY, MAYBE? BUT, SIR, DO YOU HAVE A VOLUME OF TRAFFIC YOU THINK YOU WILL BE DUMPING OUT?

>> IT ALL STEMS FROM WHO THE ACTUAL USER IS.

SO STARBUCKS IS GOING TO OPERATE COMPLETELY DIFFERENT THAN SMOOTHIE KING. SMOOTHIE KING IS DIFFERENT FROM A ZOEY'S KITCHEN. WE DID A TRAFFIC STUDY, WE CAN SPEAK ON SOME OF THE USES. WHEN WE DID THE STUDY, TWO MULTI-TENANT RETAIL SITES, 1800, 1600 SQUARE FEET USERS OF TWO THAT I HAVE ALREADY MENTIONED HERE TODAY.

THOSE USES, WE CAN GET THOSE TRAFFIC COUNTS AND WE CAN GET THOSE UNDERSTANDINGS. I DON'T HAVE THEM ON HAND.

>> HERE'S MY CONCERN, IT IS ODD THAT WE ARE HAVING THIS CONVERSATION NOW BECAUSE I JUST HAD A CONVERSATION WITH TRENTON BEFORE THE MEETING TONIGHT. I'M RUNNING INTO ISSUES GETTING AROUND TOWN AND WHERE IT IS IS IN STRIP CENTERS, SET UP EXACTLY LIKE THIS. NOW, I'M NOT EXPERIENCING THE SAME TYPE OF PROBLEM WITH DENSENESS ON LARGER PROJECTS.

I'M GETTING INTO A LITTLE BIT OF THAT.

I WILL GET INTO THAT IN A MINUTE.

WHEN I GET INTO A KROGERS PARKING LOT, A LOT OF INTERIOR -- LARGE INTERIOR PARKING LOT, IT SEEMS LIKE IT KIND OF WORKS. FOR INSTANCE, THE KROGERS HAS A CHICK-FIL-A. YOU HAVE GOT WENDY'S ACROSS THE STREET. BUT IT IS KIND OF ALL BY ITSELF RIGHT ON A CORNER. I GUESS WHAT I'M CONCERNED IS, FOR INSTANCE, I'M RUNNING INTO SOME SITUATIONS WHERE I WILL GO INTO A STRIP CENTER THAT HAS A COUPLE OF NORMAL RETAIL USES, THEN THEY HAVE A COFFEE SHOP ON THE END WITH THE DRIVE-THROUGH.

IT IS KIND OF JUST HAS THIS FRONT ENTRY LANE THAT RUNS DOWN IN FRONT OF BUILDINGS THAT ARE CONNECTED TOGETHER AND I LITERALLY CAN'T GET THROUGH THERE.

I MEAN, THEY ARE DUMPING TRAFFIC OUT OF THERE SO QUICK, THE LITTLE -- THE WAY WE ARE BUILDING THESE PARKING SPACES NOW, EVERYTHING IS SO CLOSE TOGETHER, IT IS LIKE AN ANT HILL. I'M LOOKING AT THREE OF THESE IN ONE STRIP. IT IS LIKE WE HAVE KROGER SITTING -- THE DENSITY AND AMOUNT OF TRAFFIC OF KROGER OPERATING IN A, WHAT IS IT, EIGHT ACRES.

SO MY CONCERN IS, WOWZERS. I CAN SEE IT DUMPING OUT TO 663 IF WE HAVE TWO LANES, PREFERABLY THREE.

BUT HOW THIS THE WORLD DO WE MAKE ALL THIS HAPPEN?

>> I DON'T KNOW THE STRIP CENTER YOU ARE SPEAKING OF.

>> BASICALLY SET UP EXACTLY LIKE THIS.

A LITTLE PARKING IN THE BACK FOR EMPLOYEES.

IT HAS GOT A LITTLE MORE -- IT IS CONNECTED A LITTLE MORE.

BUT THERE'S ONLY ONE -- I WILL TELL YOU WHAT ELSE I HAVE RUN INTO, WHERE WE HAVE GOT LARGER DEVELOPMENTS OF LARGE RETAIL SPACE AND THEN THEY ARE PLACING RESTAURANTS -- I DON'T WANT TO GET INTO CALLING THEM OUT, BUT RESTAURANTS THAT ARE VERY POPULAR BUT THEY DON'T HAVE A DRIVE-THROUGH BUT BECAUSE OF THEIR CONNECTIVITY TO THE BIG PARKING LOT, IT IS KIND OF A LITTLE STRIP, KIND OF LIKE WHAT YOU HAVE.

IF IT IS A POPULAR SITE, YOU CAN'T GET IN AND OUT.

SO MANY CARS BACKING IN AND COMING OUT, SO MUCH MORE WALK-IN TRAFFIC NOW THAT PAYS POUR IT PT ONLINE AND PULLS THE BAG AND LEAVE. I WANT TO MAKE THIS WORK.

I KNOW WHO THE BYRD'S ARE, I WOULD LIKE TO SEE THEM WITH FIFINALITY WHICH THEY HAVE BEEN TRYING TO DO WITH THIS PROPERTY.

I HAVE HUGE CONCERNS WITH ALL THIS COMPACTED INTO ONE SPOT THAT HAS TWO ENTRIES AND EXITS. I DON'T KNOW HOW WE DO ALL THAT.

>> FROM AN FM 663, NOTHING WE CAN DO ABOUT THAT UNTIL TXDOT

[02:35:02]

FROM WHAT I UNDERSTAND ON THE CALL TODAY, THEY ARE WORKING THROUGH THAT AND TRYING TO FG FIGURE OUT WHAT THAT IS GOING TO LOOK LIKE. THIS DEVELOPMENT IS PROBABLY 18 MONTHS TO 24 MONTHS FULLY BUILT OUT.

OKAY. OUR INITIAL PHASE, THE REASON WE ARE ASKING FOR THIS, FOR THESE USES, WE WOULD BUILD BUILDING 7, BUILDING 5, PROVIDE QSR AND CATTACADEMY SCHOOL AND AUTOMOTIN THE INITIAL PHASE. NEXT THREE USES WOULD DEPEND ON WHO THOSE USERS WOULD BE. THOSE GUYS COME IN, IF THEY NEEDED ANYTHING ELSE FROM THAT, OR IF WE DIDN'T NEED ANYMORE DRIVE-THROUGHS, THERE WOULDN'T BE ANY MORE DRIVE-THROUGHS.

I HAVE A NATIONAL DENTIST USER THAT WANTS THIS END CAP.

THAT MAY END UP BEING A MULTI-TENANT BUILDING.

AND WITHOUT THIS LANE, WE END UP BEING ABLE TO FIGURE OUT HOW CAN WE GET MORE PARKING, WAYS TO FIX THE SITE PLAN.

THIS IS A CONCEPT PLAN. FROM WHAT I CAN TELL YOU FROM THESE TWO BIG BUILDINGS HERE, TO HAVE A TEN-CAR STACK IS ABOVE

ANY ORDINANCE AND ANY -- >> I'M NOT ARGUING WITH WHAT YOU

ARE TRYING TO DO. >> SO THEN IT BECOMES ON THE EXIT OF THE PEOPLE LEAVING THE DRIVE-THROUGH, THE PEOPLE COMING IN AND VISITING THE RETAIL, FROM WHAT YOU ARE EXPERIENCING ON

SMALLER PROPERTIES. >> WOULD HE BE OPEN TO, FOR INSTANCE, I CAN THINK OF TWO, THREE INSTANCES I'M RUNNING INTO IMMENSE TRAFFIC FLOW PROBLEMS THROUGH THESE TYPE OF STRIPS.

AND TWO OF THESE THREE ARE A THOUSAND SQUARE FEET OR UNDER THAT HAVE BEEN CHANGED IN THE LAST SIX MONTHS OVER TO SMALL RESTAURANT APPLICATION. BECAUSE OF THEIR POPULARITY, YOU CAN'T GET AROUND IN THE PARKING LOT.

SO MANY PEOPLE COMING AND GOING AT PEAK TIMES.

ARE YOU OPEN TO NOT ONLY THE DRIVE-THROUGHS, OF COURSE, WILL REQUIRE A REVIEW FOR SUP. ARE YOU OPEN TO A REVIEW FOR WHAT ALL YOU HAVE GOING ON IN THERE FOR THE SMALLER TRIPS.

>> FOR RESTAURANTS? >> FOR USAGE ALSO.

>> UNFORTUNATELY, THAT BECOMES THEN A COMPOUNDING EFFECT OF DOES THIS DEVELOPMENT EVER GET BUILT, RIGHT?

>> SO LET ME ASK YOU A QUESTION. YOU GO AHEAD.

>> I MENTIONED, WE PLAN ON BUILDING THESE BUILDINGS.

IN ORDER TO BUILD THESE BUILDINGS, 50% OF THAT BUILDING IS REQUIREMENT OF A PRE-LEASE OR AT LEAST HAVING SOME TENANTS IN HAND TO BE ABLE TO GET THE DEVELOPMENT UP AND GOING.

THE RESTAURANTS ARE THE BIGGEST -- SOME OF THE BIGGER DRIVERS HERE. WE ARE LIMITED ON THE AMOUNT OF RESTAURANT WE CAN DO BECAUSE RESTAURANT EASERS WON'T COME IN -- IF I TELL SOMEBODY I HAVE 4,000 SQUARE FEET COTTON PATCH ON THIS END CAP, I WILL NOT GET ANOTHER RESTAURANT.

THEY ALL KNOW, HEY, COTTON PATCH IS GOING TO TAKE UP 60 SPACES.

I DON'T HAVE ROOM TO GO ANYWHERE.

SO THEY DON'T DO IT IN AND OF THEMSELVES.

I'M OPEN TO WORKING WITH YOU ALL TO MAYBE REDUCING THE SIZE FROM 4,000 DOWN A LITTLE BIT. BUT I HAVE TO HAVE SOME FLEXIBILITY TO BE ABLE TO GO OUT AND GET THE MARBLE SLA SLAB OF E ROOM, THEY ARE 1600 SQUARE FEET. UNDER THAT ORDINANCE, I GET A MARBLE SLAB APPROVED. IT GETS REALLY, REALLY DIFFICULT TO BE ABLE TO -- I END UP WITH MAYBE 20 CASES IN FRONT OF YOU GUYS BEFORE THIS DEVELOPMENT IS BUILT.

THE INTENT OF THE PD AND WHAT WE ARE PUTTING IN FRONT OF YOU ALL IS TO CREATE SOME GUIDELINES OF WHAT WE CAN DO TO GET STARTED.

WE WILL COME BACK AS WE NEED TO IF THERE NEEDS TO BE ANY CHANGES IN THE DEVELOPMENT FOR THE COMMERCIAL AND RETAIL.

>> SO IF COUNCIL WERE TO APPROVA HYPOTHETICAL, APPROVE THREE DRIVE-THROUGHS THAT SHOW ON THE PAPER THERE, AND THEN THE BALANCE OF RETAIL WERE IN SOME WAY A LARGE MAJORITY OF THAT TO BE DIVIDED UP INTO ONE THOUSAND SQUARE FEET SPOTS AND YOU HAVE, BY RIGHT, TO ALL OF THEM, WHAT COULD KEEP US FROM HAVING AN IMMENSE AMOUNT OF TRAFFIC THAT WE DON'T KNOW ANYTHING ABOUT? BECAUSE YOU HAVE BY RIGHT THE ABILITY JUST TO PROVE IT AND DO IT. THAT'S WHAT I'M TALKING ABOUT I

AM RUNNING INTO RIGHT NOW. >> WHAT YOU ARE SAYING, YOU WOULD BE ABLE TO PUT 13,000 SQUARE FEET OF RESTAURANT IN

THAT BUILDING. >> I DON'T KNOW THE ANSWER FOR

IT. >> I WOULD NOT BE ABLE TO BECAUSE I COULDN'T MEET THE PARKING STANDARDS.

IN ORDER FOR ME TO BE A MULTI-TENANT RETAIL CENTER, I HAVE TO HAVE A MIX OF USES WHICH WOULD INCLUDE OFFICES, INCLUDE RESTAURANTS, WHICH WOULD INCLUDE RETAIL, SOFT GOOD USES, THINGS LIKE THAT. WHEN YOU LOOK AT THE COMBINATION

[02:40:02]

RETAIL WOULD BE 1 TO 250. RESTAURANT IS 1 TO 100.

WHEN YOU COMBINE THE COMBINATION, THOSE ARE 1 TO 225.

I HAVE TO HAVE THE MIX OF USES TO GET THE 1 TO 175.

I DON'T HAVE 130 PARKING SPACES --

>> I DON'T THINK YOU WOULD DO IN A.

>> SO WSH I A WHAT I AM GETTINGE MIX OF USE PROVIDES THE AMOUNT OF PARKING THAT ISN'T OVERWHELMING.

THE STANDARDS OF PARKING AND THINGS OF THAT NATURE, I'M -- I HAVE MENTIONED TO STAFF, I'M WILLING TO WORK ON THAT AND WE HAVE COME BACK OFF OUR ORIGINAL REQUEST OF 1 TO 250, AGREED TO WORK WITH STAFF ON THE OVERALL PARKING REQUIREMENT THAT'S IN

THE ORDINANCE. >> OKAY, THANK YOU.

>> OTHER QUESTIONS OF THE APPLICANT? I DON'T THINK WE HAVE ANYBODY SIGNED UP TO SPEAK BUT WE DO HAVE FORMS FROM THREE NONSPEAKERS.

I HAVE ONE HERE FROM PATRICK SAMPLES, 2434 MOON DANCE LANE IN OPPOSITION. I HAVE ONE FROM ALLEN BYRD IN SUPPORT. ONE FROM [INAUDIBLE] BYRD IN SUPPORT. THOSE ARE ALL THAT I HAVE ON THAT. DO WE HAVE ANYBODY ELSE TO SPEAK

THAT ISN'T SIGNED UP? >> I DIDN'T SIGN UP BUT WOULD

LIKE TO SPEAK. >> WILL YOU FINISH OUT A FORM

WHEN YOU ARE DONE? >> I WILL.

HERE SPEAKING ON BEHALF OF THE BYRD FAMILY.

SO THE FAMILY HAS OCCUPIED THIS SITE FOR 75 YEARS.

OF COURSE, IT WAS A DAIRY. MOST OF US REMEMBER THAT.

BUT AS THE WORLD CHANGED AROUND THEM, THE SEMI TRUCKS LEFT THAT WERE HAULING MILK OUT OF THE SITE AND TRACTORS LEFT THE SITE AND WHATNOT, GROWTH OCCURRED AROUND THEM AND CREATED A TRAFFIC PROBLEM IN THEIR FRONT DOOR, THEN WE RECOGNIZE THAT, THAT THEY ALSO LIVE ON THAT SITE AS WELL.

AND SO THEY UNDERSTAND WHAT THE TRAFFIC CONCERNS ARE.

AS THEIR NEIGHBORS' HOMES WERE BULLDOZED ACROSS THE STREET AND SINGLE FAMILY RESIDENTIAL RESIDE REMOVED.

KROGER CR CAME IN. THAT'S WHAT CREA CREATED THE VOS OF TRAFFIC AND DENSITY CONTINUED TO INCREASE.

AS THEY HAVE SET THERE, THEY WANTED TO BE GOOD NEIGHBORS, THEY DIDN'T COMPLAIN ABOUT ANYBODY THAT WAS CHANGING THE USES AND NEEDS AROUND THEM. AND THEY WANTED TO BE RESPECTFUL OF THE FACT THAT THEY OWNED PROPERTY AND HAD THE RIGHTS TO USE IT IN THE WAYS THEY SAW FIT. THE THINGS THAT THAT I THINK ARE IMPORTANT, AS YOU ALL ARE MAKING HARD DECISIONS, ARE TO UNDERSTAND WHAT TYPICALLY GOES AROUND SOMETHING THAT IS NOW IN PLACE. WHAT TYPICALLY GOES AROUND SOMETHING THAT IS NOW IN PLACE ARE THE THINGS THAT YOU HAVE SEEN PROPOSED THAT WE HAVE PULLED IN THE PAST.

VERY DENSE HOUSING, APARTMENT COMPLEXES, THOSE KINDS OF USES.

AS YOU LOOK AT THE DRAWINGS, ONE OF THE THINGS THAT WE HAVE WORKED REALLY HARD WITH THIS DEVELOPER AND THEY HAVE WORKED REALLY HARD WITH THE CITY TO DO WAS BE RESPECTFUL TO THE NEIGHBORS ON AUTUMN RUN. LOOK AT THE DRAWINGS AND SEE HOW THE LOT SIZES LINE UP ALMOST LILOTSIZE IN TERMS OF WIDTHS.

THE DENSITY OF THE SINGLE FAMILY ON SITE.

AND, OF COURSE, I UNDERSTAND THE COMMENTS THAT ARE BEING MADE AS IT RELATES TO RETAIL. BUT YOU HAVE TO HAVE SOME OF THAT JUST NATURALLY OCCURS ALONG THOSE THOROUGHFARES.

AND DEALING WITH THOSE INTERNAL COMPONENTS ARE SOMETHING THAT WE RECOGNIZE THAT YOU ALL ARE HAVING TO DO.

I THINK THE THING THE BYRD FAMILY IS NOW READY TO EXIT THE SCENE, IF YOU WILL, THEY HOPE THEY DON'T END UP BEING THE SINGLE GRASS PATCH THAT IS STUCK OUT BY ITSELF MUCH LIKE THE HOUSE THAT GOT LEFT IN FRONT OF COSTCO.

[02:45:02]

OUR OTHER PROPOSAL, GREAT GREEN SPACE FOR THE CITY AND WE WOULD BE HAPPY TO ACCOMMODATE THAT NEED THROUGH SOME KIND OF CONSIDERATION AS WELL. IF YOU HAVE ANY QUESTIONS FOR THE FAMILY, IN TERMS OF HOW THEY HAVE GOTTEN HERE, THEY ARE HAPPY TO ANSWER THOSE. I'M HAPPY TO FEEL THEM FOR YOU.

>> FIELD THEM FOR YOU. >> ANYBODY HAVE ANY QUESTIONS?

>> OKAY, I HAVE NO ONE ELSE TO SPEAK UNDER PUBLIC HEARING, SO AT THIS TIME I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC

HEARING. >> I WILL MAKE A MOTION TO

CLOSE. >> IS THERE A SECOND?

>> SECOND. >> WE HAVE A MOTION AND SECOND TO CLOSE THE PUBLIC. ALL IN FAVOR, AYE.

FLOOR IS NOW OPEN FOR DISCUSSION AND/OR ACTION.

>> I WOULD LIKE TO HEAR FROM TRENTON ONCE AGAIN.

YOU MENTIONED SOMETHING ABOUT USAGE REVIEW PREFERENCE OF

STAFF. >> ACCORDING TO 2.04, RESTAURANTS ANYTHING OVER A THOUSAND SQUARE FEET ARE REQUIRED TO GO THROUGH SUP PROCESS.

ANY DRIVE-THROUGH ESTABLISHMENT OF ANY SIZE IS REQUIRED TO GO THROUGH A SUP PROCESS EXCEPT FOR A DRY CLEANERS.

>> SO WE ARE -- SOUNDS LIKE WAS EXERCISING CONCERN A LITTLE BIT TOO STRONGLY, STAFF IS OKAY WITH ONE THOUSAND SQUARE FOOT BY

RIGHT. >> WE ARE OKAY WITH THAT, WE HAVE ALLOWED RESTAURANTS BY RIGHT UNDER CERTAIN CONDITIONS.

WE HAVEN'T DONE FURTHER ANALYSIS OF THAT YET.

>> OKAY. >> QUESTIONS FOR STAFF OR

COMMENTS. >> TRENTON, HE WAS SAYING A LOT OF -- HE HAD SAID SEVERAL THINGS IN HERE THAT AREN'T WHAT WE ORIGINALLY HAD, . IS THERE ANYTHING OTHER THAN THAT, THAT'S IN HERE THAT THEY ARE PROPOSING THAT YOU DISAGREE

WITH? >> SO WHAT'S WRITTEN IN THE ORDINANCE RIGHT NOW, WHAT THEY ARE REQUESTING, THE THINGS THAT ARE DIFFERENT, WHAT'S IN THE ORDINANCE VERSUS WHAT THEY ARE REQUESTING IS, INTERNALLY LIT MONUMENT SIGN.

WE GENERALLY REQUIRE THOSE TO BE EXTERNALLY LIT.

THEY WANT TO INCREASE THE OVERALL WALL SIGNAGE.

IN OUR ORDINANCE, IT NEEDS TO MEET OUR SIGN REQUIREMENTS.

THEY ARE PROPOSING WALL SIGNS MAYBE 250 SQUARE FEET FOR UNDER 12,000 SQUARE FEET BUILDINGS AND WALL SIGNS FOR ANYTHING ABOVE 12,000 SQUARE FEET MAY BE INCREASED TO 450 SQUARE FOOT OF WALL SIGNAGE. SIGNAGE IS A TOUGH ONE.

THAT WAS AN ORDINANCE ADOPTED, REDONE IN 2017.

ONE THING THAT COUNCIL AND PLANNING & ZONING COMMISSION WERE VERY ADAMANT ABOUT WAS NOT OVERSIGNING DEVELOPMENTS.

WE WERE SO FOCUSED ON ARCHITECTURE AND HOW DO WE DECREASE THAT. SO SIGNAGE IS A MAJOR THING.

THOSE ARE SOME OF THE CHANGES. RIGHT NOW IN THE CURRENT ORDINANCE OF HOW IT IS WRITTEN, I BELIEVE RESTAURANTS IN THE ORDINANCE, IT SAYS, ARE PERMITTED ANYTHING UNDER 4,000 SQUARE FEET ARE PERMITTED BY RIGHT.

IF YOU RECOMMEND APPROVAL OF THIS ORDINANCE.

I THINK ONE OF THE MAJOR ONES OF ALL OF THIS IS ALLOWING THE AUTOMOTIVE MINOR REPAIR SHOP, AUGUST ALLOWING FOR ADDITIONAL DRIVE-THROUGHS. THE INTERN INTERNAL LANDSCAPINT A MAJOR ONE. THE DRIVE-THROUGHS AND SIGNAGE

ARE THE MAJOR HOT-BUTTON ITEMS. >> SO TYPICALLY ON THIS SIZE --

>> AND MINOR AUTOMOTIVE REPAIR. >> -- ACREAGE, WHAT WOULD YOU --

[02:50:01]

DRIVE-THROUGH ALLOWANCES? >> THE ONLY THING IN THE PARKING REGULATIONS SPEAK ON IS THERE HAS TO BE A QUEUE.

IT DOESN'T TERM HOW MANY CARS THAT IS.

WHAT WE HAVE GENRELY DONE IN THN THE PAST, IS FIVE-CAR QUEUE.

ONCE AGAIN, THAT'S THE ONLY THING OUR REGULATION SPEAKS ON IS IT HAS TO HAVE A QUEUE DETERMINED ON QRS ON CASE BY CASE BASIS. HOW WE IMPROVE OUR DRIVE-THROUGHS. THAT'S SOMETHING THEY HAVE INCORPORATED INTO THIS DEVELOPMENT.

WE ARE ALWAYS CONCERNED WITH THE AMOUNT OF DRIVE-THROUGHS BASED OFF WHAT COUNCIL AND P&Z SAID IN THE PAST.

AND TYPE OF TRAFFIC -- ONE OF OUR BIGGEST IS BLEEDING OUT ON TO MAJOR ROADS. IS THE SITE DESIGNED TO HOLD THAT TRAFFIC PATTERN WITHIN IT LIKE KROGER, KROGER IS DESIGNED TO CONTAIN ITS DRIVE-THROUGH WITHIN ITS DEVELOPMENT.

YOU ASK YOURSELF, IS THE SITE DESIGNED TO DO THAT AS WELL.

FROM THE LOOKS OF IT, IT IS HARD TO TELL.

I THINK THAT'S WHERE ENGINEERS COME INTO PLACE TO REDESIGN IT.

THEY HAVE IMPLEMENTED ALL THE DRIVE-THROUGH REQUIREMENTS.

THEY IMPLEMENTED THAT. ONE THING HASN'T BEEN APPROVED -- THEY HAVE SOME PRETTY STRICT STANDARDS FOR DRIVE-THROUGHS IN HERE. THEY PROBABLY HAVE THE MOST STRICT STANDARDS ANYWHERE IN THE CITY.

>> DO WE HAVE ANOTHER STRIP DEVELOPMENT IN THE CITY WITH THIS MANY DRIVE-THROUGHS OR THIS TYPE OF PROPOSAL?

>> OFF TOP OF MY HEAD, I DON'T HAVE ONE IN MIND THAT I CAN THINK OF. I HAVE TO GO TO ANALYSIS.

>> DON'T MOST OF OUR DEVELOPMENTS TYPICALLY HAVE -- IT IS NOT -- IT IS DIFFERENT WHEN IT IS A LARGE DEVELOPMENT LIKE KROGER THAT IS INTERIOR-BASED.

BUT IF IT IS FEEDING ON TO A MAJOR THOROUGHFARE, DON'T MOST OF OUR STRIPS AND DEVELOPMENTS HAVE ABOUT ONE DRIVE-THROUGH PER SO MANY FEET? GOOD EXAMPLE WOULD BE WENDY'S AND, LIKE, THE GAS STATION THERE.

>> THAT STRIP HAS ONE QSR. IF YOU LOOK AT ALDI'S, THEY HAVE THREE OR FOUR MANY KROGER HAS ABOUT 10 THAT ARE PERMITTED.

THEY ARE ALLOWED TO HAVE -- THEY STILL HAVE A COUPLE EMPTY PAD SITES ALLOWED BY RIGHT TO HAVE RESTAURANTS WITH DRIVE-THROUGHS.

>> WILL THOSE RESTAURANTS ON FEEDING TO 663? IN OTHER WORDS, LIKE BURGER KING IS A GOOD EXAMPLE, THEY HAVE A

PRETTY GOOD SIZED PARKING LOT. >> WE BROUGHT DRIVE-THROUGHS BEFORE WITH THE KROGER DEVELOPMENTS, BLED INTO THE

KROGER DEVELOPMENT. >> SO YOUR PREFERENCE IS THAT ANY RESTAURANT OVER A THOUSAND SQUARE FEET WOULD COME IN FOR

SUP. >> THAT'S HOW THE CODE IS WRITTEN. THAT'S HOW ZONING RIGHTS ARE

WRITTEN RIGHT NOW. >> THANK YOU.

>> TRENTON, ANY CONCERN OR THE IMMEDIATE PARKING REQUIREMENTS, A, AND THIS BEING FULL CAPACITY, WHATEVER SIZE RESTAURANTS ARE IN HERE, JUST TWO ENTRANCES GOING TO BE ENOUGH FOR THIS PROJECT?

IT SEEMS LIKE A LOT OF CARS. >> ORIGINALLY, STAFF TOLD THEM NO. THAT WAS AN ADAMANT THING WE WERE CONCERNED. ONCE YOU START ADDING MORE POINTS ON HERE, YOU ARE HAVING MORE PEOPLE TURN RIGHT AND LEFT ACROSS, POTENTIALLY ACROSS THREE LANES OF A BUSY ROAD.

SO THAT WAS ONE OF OUR MAJOR CONCERNS, ELIMINATING THE NUMBER OF INGRESS EGRESS POINTS. I THINK THEY ORIGINALLY HAD THREE POINTS. WE ELIMINATED THE MIDDLE ONE BASED OFF OF OUR CONCERN. GENERALLY, MORE CONNECTIVITY IS BETTER. IN THIS CASE, WE THOUGHT IT WAS ACTUALLY LIFE-SAVING CONCERN. WE RECOMMENDED TO DECREASE THAT.

WITH PARKING, I MEAN, THEY ALWAYS SAY HAVING -- WHEN YOU RUN OUT OF PARKING THAT'S A GOOD PROBLEM TO HAVE.

THAT MEANS PEOPLE ARE FREQUENTLY SHOPPING THERE, USING THAT.

BUT THEN YOU HAVE DEVELOPMENTS LIKE WALMART WHERE THE PARKING LOT IS HALFWAY EMPTY EVERY DAY EXCEPT FOR TWO DAYS A YEAR.

AS A PLANNER, I FEEL THAT'S AN ISSUE.

>> ANY OTHER QUESTIONS FOR STAFF?

[02:55:09]

9500 SQUARE FEET. >> AUTUMN RUN IS 10,000 SQUARE FOOT. HOWEVER, THE LAND DEVELOPMENT TO THE NORTH OF US, HUNTERS GLENN, SMALLEST IS 9,500.

>> DEFINITELY ONES THAT SURROUND THIS ARE CONSIDERABLY SOMEWHAT LARGER. THAT IS BOTHERSOME TO ME.

THE NUMBER OF DRIVE-THROUGHS ALREADY BEEN BROUGHT UP IS BOTHERSOME TO ME. I THINK THAT SHOULD BE LESS BY AT LEAST ONE IF NOT TWO. I HAVE CONCERNS ABOUT THE VARIANCE REQUEST. I AGREE WITH STAFF'S POSITION ON VARIANCES. AND THEN I COME BACK TO THE TRAFFIC AND SAFETY. HAWKINS RUN, AUTUMN RUN, YOU PULL OUT OF THERE ON 663, MAKING A LEFT-HAND TURN IN PARTICULAR, YOU TAKE YOUR LIFE IN YOUR HANDS, BASICALLY.

WE HAVE A NUMBER OF ACCIDENTS, HAVE HAD, A NUMBER OF ACCIDENTS THERE. AND NOW WE'RE GOING TO ADD TWO MORE SLOTS JUST DOWN THE ROAD. YOU ARE GOING TO CROSS EXTRA LANE TO TURN LEFT AND GO NORTH TOWARD 287.

IT JUST BEG THE QUESTION TO ME, ARE WE CREATING ANOTHER HIGHWAY 77 WAXAHACHIE. IS THAT WHAT WE ARE DOING? ARE WE GOING TO CONTINUE TO CARRY THAT SOUTH? TO ME, THAT'S WHAT WE ARE DOING. SO I DO HAVE ISSUES WITH THIS.

>> ANYONE ELSE? THE NOR IS OPEN FOR MOTION.

>> THE PUBLIC HEARING HAS BEEN CLOSED.

>> THEY ARE KEEPING US ON TRACK. I JUST ASKED.

>> NO ONE HAS A MOTION, I WOULD MAKE A MOTION TO DENY OKAY, THAT MOTION DIES FOR LACK OF A SECOND.

>> WHATEVER YOU MOTION YOU DO MAKE, IF YOU RECOMMEND APPROVAL, IF YOU BE VERY SPECIFIC. THE APPLICANT IS ASKING FOR SOME VARIANCES FROM WHAT'S IN THE ORDINANCE.

I WANT YOU TO BE VERY SPECIFIC ON WHAT YOU ARE RECOMM RECOMMEN.

>> WHAT'S THE PLEASURE OF THE COMMISSION?

. >> ONE LAST COMMENT BEFORE A MOTION IS MADE, THE APPLICANTS RELAYED TO ME THEY WOULD BE OKAY WITH MAKING THE RESIDENTIAL LOT 10,000 SQUARE FEET.

>> IN THE WORKMAN ZONE, WAS THERE SOMETHING IN THERE ABOUT

7500. >> IN WHAT ZONE?

>> THE URBAN ZONE. >> IN THE RESIDENTIAL ZONE? RIGHT NOW LOT SIZES ARE 7500 SQUARE FOOT.

THEY LET ME KNOW THAT THEY WOULT BEING MINIMUM LOT SIZE BEING 10,000 SQUARE FEET. THAT'S WHAT THEY JUST MENTIONED

[03:00:02]

TO ME. >> ARE THE MINIMUMS 10,000 FEET

IN AUTUMN RUN. >> THERE ARE A COUPLE A HAIR UNDER. THEY MENTIONED TO ME THEY ARE

FINE WITH 10,000. >> BACK TO YOU, STAFF, YOU PRESENTED WHAT WOULD HAVE YA'LL PREFERRED, THE LOT SIZES COME UP

WITH A LITTLE. >> I WAS ACTUALLY FINE WITH WHAT WAS BEING PRESENTED IN THE RESIDENTIAL SIDE.

IT IS CONSISTENT WITH COMPREHENSIVE PLAN.

>> MWHAT WOULD MAKE YOU SATISFID WITH THE RETAIL SIDE? I'M ASSUMING FROM YOUR RECOMMENDATION, THAT'S TO GO TO THE STANDARD SIDE OF THE EQUATION, PRETTY MUCH ELIMINATE THE VARIANCE REQUEST? HOW THE ORDINANCE IS WRITTEN RIGHT NOW, ADDITIONAL USES IN YOUR ORDINANCE UNDER SECTION 2C.

NO. 1, TALKS ABOUT HOW THE ORDINANCE IS WRITTEN RIGHT NOW, ANY RESTAURANT LESS THAN 4,000 SQUARE FEET BE PERMITTED BY RIGHT. AND WOULD BE ALLOWED TO HAVE ONE

DRIVE-THROUGH BY RIGHT. >> BUT THAT'S PROVIDED FOR UNDER YOUR STANDARDS COLUMN. IF WE WERE TO SAY -- IF WE WERE TO PROPOSE TODAY, AND I DON'T KNOW THAT -- I'M A BIG GUY ON BIG LOTS. I WOULD PREFER TO SEE THE LOTS IN THE 8500 TO 10,000 SQUARE FEET RANGE MYSELF WITH -- WHERE IT IS CHANGED UP A LITTLE BIT IN THERE.

BUT IF WE FOLLOW THE STANDARD SIDE, OUR APPLYING NO. 1 ON STANDARDS ON USES, RESTAURANTS FOR RIGHT UP TO A THOUSAND SQUARE FEET, ALL DRIVE-THROUGHS REQUIRE SUP.

JUST LIKE OUR TYPICAL STANDARDS ARE, ALL RESTAURANTS REQUIRE A SUP. ANYTHING OVER A THOUSAND SQUARE

FEET WOULD GO TO REVIEW? >> RIGHT.

WHAT WE DID FOR THAT, SO YOU WOULD BE AWARE OF WHAT WAS GOING

REQUESTED. >> I'M MORE INCLINED TO -- I'M MORE IN CL C INCLINED 8500 SQUA, OR 9,000 SQUARE FOOT OR ABOVE.

I DON'T KNOW THAT WE HAVE TO GO TO 10,000.

THEN WE FOLLOW THE STANDARD SIDE OF OUR REGULAR STANDARDS AND ELIMINATE THE VARIANCE REQUESTS. THAT WOULD PRETTY MUCH CLEAN IT UP TO PLEASE WHAT WE PRESENT TO COUNCIL, SO WE ARE PRETTY MUCH FOLLOWING -- HOW WOULD YOU FEEL ABOUT THAT?

>> YEAH, THAT'S WHAT -- TO MOVE FORWARD, WE CAN DO THAT.

>> ARE YOU COMFORTABLE WITH THAT?

>> WE ARE ALWAYS COMFORTABLE WITH THAT.

I DON'T KNOW IF THE DEVELOPER IS.

>> EEM TRYINGI'M TRYING TO FINDO MOVE FORWARD, AS JAMIE SAID.

I HAVE BEEN LOOKING AT THE BYRD'S PROPERTY FOR A NUMBER OF YEARS BEFORE I CAME BACK ON THIS BOARD.

I'M CONCERNED ABOUT -- I WOULD FEEL MUCH BETTER MYSELF IF IT WAS MAYBE GOING TO BE ONE DRIVE-THROUGH AND MAYBE ONE RESTAURANT AND THE REST OF THIS WAS RETAIL AND ELIMINATE THE -- I'M NOT IN FAVOR OF THAT AUTOMOTIVE SHOP.

>> IN THE ORDINANCE, THE MECHANIC SHOP WOULD REQUIRE A SUP. THEY ARE REQUESTING IT BY RIGHT.

>> THAT'S KIND OF MY FEELING ON THAT.

I'M SP STILL NOT COMFORTABLE --T IS NOT FROM THIS.

IF THIS WAS ALL RETAIL, WITH NO DRIVE-THROUGHS, IT WOULD BE PRETTY EASY FOR ME. BUT THIS MUCH CARS DUMPING OUT ON THE ROAD, I'M HAVING A TOUGH TIME GETTING ON BOARD.

I JUST KNOW WHAT'S COMING. I KNOW WHAT'S COMING WHEN YOU HAVE A RESTAURANT IN THERE THAT I WANT TO GO TO, I'M PLAYING BUMPER CAR. I DON'T KNOW THE ANSWER TO THIS.

DOES ANY OF THAT MAKE ANY SENSE TO ANYBODY?

>> I DON'T DISAGREE WITH WHAT YOU BROUGHT UP.

THE ONLY THING I -- IN THE VARIANCES, I WOULD GIVE THEM THE REQUEST FOR THEIR SIGNAGE. BUT I WOULD DO THE 8500 TO 10,000 SQUARE FEET ON THE LOTS. GIVE THEM THEIR SIGNAGE VARIANCE AND EVERYTHING ELSE WOULD BE STANDARD FOR CODE.

[03:05:06]

>> WATCHING THE REASONING ON TH? >> ACCORDING TO OUR ORDINANCE, GENERALLY TO FIT THE DEVELOPMENT, TOTAL NUMBER OF LOTS THEY WANT. QSR, I DON'T THINK STAFF WAS OPPOSED TO THAT. WE DON'T HAVE A CONCERN ABOUT THE LOT WHICH HADDING. WHWIDTH.THIS WILL HAVE A HOMEOWS ASSOCIATION. WE DON'T HAVE A PROBLEM WITH MINIMUM LOT CHANGING TO HOW IT IS PROPOSED RIGHT NOW.

>> 100 AND 125. >> FOR THE COMMERCIAL LOTS, WE ARE NOT IM CONCERNED ABOUT THAT. THE ORDINANCE STATES THEY CAN DO

HUNDRED FEET. >> AT THAT WILL PUT THAT DENSITY DOWN A LITTLE BIT. LOT WIDTH REQUIREMENTS.

>> THE COMMERCIAL MINIMUM LOT WIDTH UNDER COMMUNITY RETAIL IS 125. AND THEY ARE ASKING 100 FEET.

WE ARE NOT CONCERNED ABOUT THAT FOR THE COMMERCIAL LOT WIDTH.

>> WHAT ARE YOUR CONCERNS ON THE PARKING LOT SIZE, 10 BY 18,

STANDARD IS 10 BY 20. >> I DON'T KNOW THAT WILL ALLOW

FOR TRANSIT . >> I WILL MAKE A CORRECTION.

THAT WAS AN ERROR BY STAFF. CURRENT STANDARD IS 10 BY 18.

A LOT HAVE BEEN 10 BY 20 FOR TRUCK SIZES.

BUT IN OUR ACTUAL ORDINANCE ITSELF, IT SAYS 10 BY 18.

THEY ARE MEETING OUR ACTUAL ORDINANCE.

THAT MEETS OUR CURRENT STANDARD, 10 BY 18.

>> I SAW THE APPLICATION RAISING HIS HAND, DO YOU HAVE SOMETHING ELSE TO SAY? SURE, COME ON UP.

>> I JUST HEARING A LOT OF THE TALKING AND TALKING ABOUT COMING BACK AND DOING INDIVIDUAL APPLICATIONS.

SO I JUST WANT TO -- WANT TO MAKE SURE THAT REQUEST OF THE DRIVE-THROUGHS AND AUTOMOTIVE ALLOWED TO COME BACK WHEN YOU HAVE A USER AND SUP APPLICATION TO REVIEW THAT SPECIFIC USER, THAT ELEVATION, THAT SITE PLAN, ALL OF THOSE ITEMS. WE HAVE THOSE, THAT'S THE REASON WE ARE ASKING FOR THESE USES ALLOWED BY RIGHT. SO I GUESS MY QUESTION IS, IS ME ASKING FOR ALLOWED BY RIGHT HERE WITH THESE SPECIFIC USERS AND THESE USES THAT I HAVE, HOW IS THAT DIFFERENT THAN ME COME BEING BACK WITH FOUR SUPS ON YOUR NEXT P&Z MEETING AND ASKING FOR APPROVAL OF EACH ONE OF THOSE WITH DISCRETIONARY PERMITS. THAT'S WHAT WE ARE TRYING TO DO IS BRING THE ZONING CASE IN AS ONE CASE FOR THE ACTUAL DEVELOPMENT THAT WE HAVE SO WE CAN START IT RATHER THAN HAVING A MULTIPLE TIMELINE AND NOT BEING ABLE TO HELP GET THE PROPERTY DEVELOPED IN A MORE EXPEDIENT FASHION.

AND WE ARE PROVIDING THE DESIGNS OF THE BUILDINGS THAT WE WANT TO BUILD, THE SIZES. THE SITE PLANS STAYS THE SAME, DRIVE-THROUGH STACKING WILL STAY THE SAME AS IF I BRING IN AN INDIVIDUAL SUP APPLICATION. WOULD BE MY ONLY QUESTION AND COMMENT TOWARD GOING TOWARD MORE THE STANDARD AND HAVING TO COME

BACK FOR MULTIPLE SUPS. >> COUNSELOR, DID YOU WANT TO

SAY SOMETHING? >> THE ONLY PROBLEM I HAVE IS WHAT HE JUST SAID, IF HE HAS FOUR READY TO GO USERS, WHY DON'T WE HAVE A DETAIL DEVELOPMENT STANDARDS TO PUT IN THIS ORDINANCE. NORMALLY THAT'S WHAT WE WOULD, IF WE HAD SOMEBODY -- WE WOULD NORMALLY DO A SUP, WE WOULD BE PLUGGING THOSE REGS FOR THOSE USERS INTO THE ORDINANCE.

WE DON'T HAVE THOSE. THE WAY THE ORDINANCE IS WRITTEN, STILL KIND OF OPEN. OPEN ENDED.

THE ORDINANCE IS WRITTEN IN A MANNER AS IF THERE WEREN'T ANY SPECIFIC USERS READY TO GO. THAT'S -- FROM A LEGAL

[03:10:03]

THE ORDINANCE TO PASS, DO THEY GO AWAY AND NOW WE HAVE OTHER USERS, OPEN ENDED REGS THAT ALLOW FOR PRETTY MUCH ANYTHING.

I'M A LITTLE CONCERNED ABOUT MAKING REPRESENTATION, WE HAVE FOUR FOLKS READY TO GO, WE DON'T WANT TO COME BACK FOR SUP, REQUIRE A SUP, WE DON'T HAVE THE DETAILS.

>> I CAN SPEAK ON THE ORDINANCE. I DIDN'T UNDERSTAND THAT THE ORDINANCE WAS PRESENTED AS AN ACTUAL ORDINANCE AT P&Z AND COUNCIL. A LOT OF THE OTHER ORDINANCES THAT WE WORK ON, WE GO AS GETTING THE REGULATIONS AGREED TO AND THEN THERE IS A SECOND READING AT COUNCIL WHICH THEN WE HAVE AN ORDINANCE THAT WE APPLY. IT IS A LITTLE BIT DIFFERENT.

>> IT HAPPENED IN RICHARDSON, IT DOESN'T HAPPEN HERE.

>> I UNDERSTAND EVERY CITY -- >> NAWD.

>> THAT WAS MY MISTAKE UNTIL I SAW THE ORDINANCE, WHAT IS THIS? I DIDN'T UNDERSTAND THAT MUCH THAT WAS A MISTAKE ON OUR PART TO UNDERSTAND THERE WASN'T A SECOND READING TO AN ORDINANCE AFTER THERE WAS ALREADY A CASE THAT HAPPENED AT P&Z, THEN COUNCIL. SO FOR US, THAT WAS JUST A MISTAKE ON US NOT KNOWING THAT COMING HERE.

I'M OPEN TO WORKING ON THAT AND FINE TUNING THE DRIVE-THROUGH ORDINANCES, PUTTING THOSE THINGS IN THERE WHEN WE COME BACK TOWARD COUNCIL OR EVEN WHAT WE HAVE GOT TO DO TO WORK THROUGH THAT AND DO WHAT YOU GUYS TYPICALLY DO IN MIDLOTHIAN.

IN MIDLOTHIAN AND BUILD IT INTO THE ORDINANCE.

OPEN AND FLEXIBLE AS -- TO TRY TO ACCOMPLISH THE SAME GOAL SO THAT WE CAN AVOID MULTIPLE SUP REQUESTS.

THAT'S THE ONLY THING I WANTED TO MENTION.

THAT WAS MY MISUNDERSTANDING, APOLOGIZE FOR THAT.

WE DIDN'T NOSE THAT. >> ONE RECOMMENDATION WE COULD DO, IF THEY ARE IN AGREEMENT, IS WE COULD REQUEST THIS BEING TABLE UNTIL THE NEXT PLANNING & ZONING MEETING.

ADDITIONAL DETAILS POSSIBLY ABOUT USERS COULD BE

INCORPORATED INTO THE ORDINANCE. >> I WOULD ONLY MENTION, I JUST WANTED TO MENTION, THE REASON WHY I'M REAL COMFORTABLE WITH NOT LEAVING THIS AS OPEN ENDED AS IT IS IN THE PROPOSAL FOR THE 4,000 SQUARE FEET BY RIGHT AND THE DRIVE-THROUGH BY RIGHT AND THE MULTI-TENANT BUILDINGS, WHAT I LIKE ABOUT HAVING TO APPLY AFTER THAT INITIAL GETS STARTED IS IF WE SEE, OH, WE MADE A MISTAKE, WHILE ALL THAT IS GOING ON, IT IS BUILDING OUT.

THEN BECAUSE IT IS COMING IN FOR REVIEW, WE MIGHT NOT WANT TO BUT WE MIGHT HAVE TO SAY TO CERTAIN USAGE, NO, I DON'T THINK SO.

BECAUSE WE ARE HAVING A MESS DOWN THERE RIGHT NOW.

DOESN'T MEAN YOU MIGHT NOT EVENTUALLY GET IT.

BUT THAT'S WHY I'M COMFORTABLE WITH THAT'S IN THERE.

I'M GOING TO APPROACH IT THAT THE STANDARD SIDE, WHICH HAS WORKED FOR US, REALLY, THIS GOES BACK TO MY ORIGINAL FIRST CONFERRING OF THE NIGHT. THE CONVERSATION WE WERE EVEN HAVING BEFORE THIS MEETING THAT I DIDN'T EVEN LINK THESE TWO TOGETHER, TRENTON, WHY DO WE HAVE THIS PLACE, AND WHY DO WE HAVE THIS PLACE, I CAN'T EVEN GET THROUGH THE PARKING LOT.

WELL, THAT'S BECAUSE BY RIGHT THEY GET TO DO THAT.

IT WASN'T LIKE THAT EIGHT MONTHS AGO.

BUT BECAUSE IT IS BY RIGHT AND IT HAS CHANGED, THEY GET DO IT, THEN I CAN'T GET THROUGH THIS ANYMORE.

THAT'S THE ONLY MAIN R REASON FR ME IT MAKES SENSE.

I'M HOPING THERE IS A WAY THAT WE CAN PROVIDE AS THE COUNSELOR MENTIONED A BLANKET TO GET YOU ALL STARTED.

BUT I DEFINITELY WANT SOME CONSIDERATION TO CONSIDER THIS

AS IT GOES ALONG. >> ANYONE ELSE HAVE ANY

COMMENTS? >> ONE CLARIFICATION ON THE SIGN, WHAT HE SAID ABOUT EACH INDIVIDUAL TENANT AND SIGNAGE.

INDIVIDUAL MONUMENT SIGNS? >> SO, RIGHT, ACCORDING TO OUR CITY REGULATIONS, EACH LOT GETS ITS OWN INDIVIDUAL MONUMENT SIGN. THAT'S WHAT THEY ARE REQUESTING TO DO. MOST OF THEIR MONUMENT SIGNS WILL BE A LOT SMALLER THAN WHAT WE REQUIRE, SIX FEET INSTEAD OF TEN FEET. HER ASKING FOR FOR ADDITIONAL WL

SIGNAGE. >> JUST TO BE CLEAR, EACH BUSINESS, EACH ONE WOULD HAVE A MONUMENT SIGN.

WOULDN'T THAT BE A LOT OF MONUMENT SIGNS?

[03:15:03]

>> 7 MONUMENT SIGNS. >> I DON'T KNOW IF I HAVE SEEN A SHOPPING CENTER WITH 7 MONUMENT SIGNS, I WAS CURIOUS.

>> OTHER QUESTIONS? >> TO LET YOU KNOW, THE NEXT P&Z MEETING IS MARCH 15TH. IF YOU WISH TO TABLE THIS OR

CONTINUE THIS. >> CAN I SPEAK?

>> YOU CERTAINLY MAY, STATE YOUR NAME AND ADDRESS.

>> MY NAME IS ALLEN BYRD, I LIVE ON THE PROPERTY WE ARE TRYING TO APPROVE. THIS IS THE THIRD TIME IT HAS BEEN BROUGHT TO THE CITY AND DENIED.

WHAT HAVE I GOT TO DO TO GET IT SOLD? I WANT TO KNOW. THIS MAN HERE HAS WORKED FOR TWO MONTHS, THROUGH EVERYONE OF YA'LL TO MAKE RECOMMENDATIONS, HE HAS APPROVED THEM AND CHANGED THEM.

NOW YOU ARE GOING TO DENY HIM AGAIN?

>> WELL, ALL DUE RESPECT, SIR, I THINK HE WORKED WITH STAFF AND

NOT THE COMMISSIONERS. >> I DON'T KNOW WHO TO WORK WITH. YOU'VE GOT SIX PEOPLE RIGHT UP THERE. ONE OVER HERE HA THAT TH TELLSE CAN'T DO THAT. HOW ARE YOU TO RUN MY LIFE?

CAN YOU ANSWER THAT? >> I DON'T THINK ANYBODY IS TRYING TO DO THAT, SIR. I CERTAINLY RESPECT --

>> THIS IS THE THIRD TIME. >> WELL, I CAN'T SPEAK FOR

COUNCIL, SIR. >> WHY NOT.

YOU ARE SPEAKING IN FRONT OF ALL OF THEM.

>> THIS IS P&Z COMMISSION. >> YOU ARE SPEAKING IN FRONT OF.

>> CAN I GO TO THE COULD YOU BE COUNCIL NOWTO GET IT APPROVED.

THIS MAN HERE WANTS TO BUY THE PROPERTY, TALK TO ME TOMORROW.

I WILL SELL IT TO YOU. AND HE CAN DEAL WITH YOU.

>> YYOU DO UNDERSTAND THE COMMISSIONERS ARE ADVISORY BOARD. OUR VOTE DOES NOT CARRY ANY WEIGHT. SO THAT'S A COUNCIL DECISION.

>> WHY DO WE COME TO YA'LL? >> IT IS A SYSTEM OF PROCEDURES.

THE BUT THE COUNCIL WILL ULTIMATELY MAKE THE DECISION ON YOUR PROPERTY AND THEY ALWAYS HAVE.

>> SO WE DON'T HAVE TO COME BACK IN FRONT OF YA'LL.

>> I CAN'T ANSWER FOR PROCEDURE, I CAN TELL YOU THAT WE ARE AN ADVISORY BOARD TO WORK THROUGH ALL THE WHAT IF AND WHATNOTS.

COUNCIL MAKES THE DECISION ON WHETHER TO APPROVE OR NOT.

ONLY THEM. >> THIS HAS BEEN DONE THREE

TIMES. >> I UNDERSTAND.

>> THIS IS THE FIRST TIME THAT I APPROVE OF WHAT THEY ARE DOING.

I HAVE LIVED HERE FOR 68 YEARS. NEVER DISPUTED AN ONE OF YOU.

BUT YOU WON'T WORK WITH ME. >> I DON'T THINK THAT'S TRUE,

SIR. >> WHAT DO YOU MEAN, IT AIN'T

TRUE? >> THERE ARE RULES AND REGULATIONS TO FOLLOW, WHETHER IT IS YOU OR ANYBODY ELSE.

>> THIS MAN HERE HAS WORKED TWO MONTHS, YOU DON'T TELL HIM UNTIL

THE LAST MINUTE TO GET IT DONE. >> AGAIN, SIR, HE DOESN'T DEAL WITH THE COMMISSION. HE DEALS WITH STAFF.

>> WHO IS THE STAFF? THIS MAN HERE? MAKE MAYBE I NEED TO TAKE HIM OUTSIDE.

>> I FIND HIM TO BE A VERY REASONABLE MAN.

MAYBE YOU CAN JUST TALK. >> BECAUSE I THINK FOR THE THIRD TIME, HE HAS DENIED IT, TOO. I DON'T KNOW WHY.

>> I THINK YOU WILL FIND THIS BOARD AND I THINK YOU WILL ALSO FIND THE CITY COUNCIL WANTS TO WORK WITH YOU AND FIND A

SOLUTION. >> YOU BETTER APPROVE IT, THEN.

THAT'S ALL I HAVE TO SAY. >> THANK YOU, SIR.

>> THANK YOU. >> WE DON'T HAVE ANYBODY HERE? OKAY. GENTLEMEN, WE STILL HAVE A

DECISION TO MAKE. >> CAN I ASK A QUESTION? HOW COME YOU KEEP BUILDING SO MUCH [INAUDIBLE].

>> OKAY. >> I DON'T THINK IT WOULD BE RESPONSIBLE FOR US TO RESPOND TO THAT AT THIS POINT, SIR.

IF YOU WANT TO TALK TO ANY ONE OF US ABOUT THAT AFTER THE MEETING, WE WOULD BE GLAD TO TALK TO YOU.

[03:20:06]

>> WOULD YOU PUT THE PROPOSED AND STANDARDS BACK UP THERE, PLEASE. OKAY.

SO I WILL MAKE A MOTION TO APPROVE THIS BASED ON RESIDENTIAL LOT SIZES BEING 8 A H8500WHO 10,000 SQUARE FEET.

>> LET'S NOT DO A RANGE. LET'S DO 8500 SQUARE FEET.

>> MINIMUM OF 8500 SQUARE FEET. THAT MAKES SENSE.

THE SIGNAGE AS PROPOSED BY THE APPLICANT.

THE USERS AS STANDARD REQUIRED A SUP.

THE COMMERCIAL LOT SIZE BEING 100 SQUARE FOOT MINIMUM.

OR 100-FOOT MINIMUM. THE LANDSCAPING STANDARD AS LISTED BY STAFF AND THE PARKING AS 10 BY 18, STANDARD BY STAFF.

>> DID I NOT UNDERSTAND THAT YOU TALKED ABOUT WHAT THEY WERE WILLING TO TABLE THIS AND WORK ON THESE ISSUES.

>> WE TALKED TO THEM THAT WE WOULD -- ONE OPTION TO TABLE IT TO MARCH 1 15TH, WE WOULD WORK WITH THEM TO GET TO THE

MARCH 22ND CITY COUNCIL. >> I BELIEVE THAT THAT IS THE DEVELOPERS PREFERENCE, THAT IT IS TABLED, IS THAT CORRECT?

>> YES, SIR. I WOULD BE HAPPY TO TABLE TO BE

ABLE TO -- [INAUDIBLE]. >> THAT'S WHAT I THOUGHT.

I THOUGHT WE WERE HEADING IN A GOOD DIRECTION WITH THAT.

SO THAT THE PROPERTY OWNER UNDERSTANDS THAT THAT IS YOUR

PREFERENCE. >> YES, AND STAFF HAS AGREED TO WORK WITH US. TABLE IT TO THE 15TH.

>> AND THAT -- YEAH. >> THEN I WITHDRAW THAT AND MAKE A MOTION TO TABLE UNTIL THE NEXT MEETING.

>> IF IT IS TABLED, I'LL HAVE IT SCHEDULED FOR MARCH 22ND CITY

COUNCIL MEETING. >> I WILL SECOND THE MOTION.

IS THERE ANY FURTHER DISCUSSION OR QUESTION? IF NOT, ALL IN FAVOR OF THE MOTION TO TABLE SAY AYE.

ANY OPPOSED. OKAY.

THAT CARRIES US DOWN TO MISCELLANEOUS DISCUSSION.

>> STAFF HAS NOTHING AT THIS TIME.

WE WOULD LIKE TO THANK YOU FOR YOUR SERVICE.

>> I'M SORRY. >> WE DON'T HAVE ANYTHING, WE WOULD LIKE TO THANK YOU FOR YOUR SERVICE AS USUAL.

>> I MAKE A MOTION TO ADJOURN. ALL IN FAVOR AYE.

THANK YOU. THE MEETING IS

* This transcript was compiled from uncorrected Closed Captioning.